CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 16TH, 1844.
MINUTES OF EVIDENCE,
Taken in Short-hand
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, September 16th, 1844, and following Days.
Before the Right Honourable WILLIAM MAGNAY , LORD MAYOR of the City of London; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; and Sir John Pirie, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Johnson, Esq.; John Kinnersley Hooper, Esq.; Thomas Challis, Esq.; and Hughes Hughes, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
MAGNAY, MAYOR. ELEVENTH 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, September 16th, 1844.
First Jury, before Mr. Recorder.
MR. CHARNOCK conducted the Prosecution.
CHARLES TALBOT CARTER . I am a hairdresser, and live in Church-street, Hackney, and have done so thirteen years. On the 16th of July I was in Silver-street, Falcon-square—I had been to St. Bartholomew's Hospital, and felt faint—I went into an eating-house there, and called for a penny-worth of pudding—the prisoner served me—it was very dirty, and I said I did not like it—he snatched it from my hand, and said, "If you do not go out of the shop, I will kick you out"—he ran round, and kicked me in the bladder—I had said the pudding was bad, and asked him to give it me back, to give to some poor person in the street—I had paid him for it—he knocked me into the street, and kicked me in different parts of my body—I went across to the shop of Mr. Oram, to ask for a policeman—I had been there a minute, and the prisoner rushed in, and thrust a fork right through my nose—I did not know he was coming—this was while I was asking for a pencil to take down his name—he ran the fork into my face, and said, "Smell, you b----"—he made a hole in my nose—I had given him no provocation—my nose bled profusely—I could not see—I was led to a chemist's shop—they gave me a draught, and dressed my nose—the policeman took the prisoner to the station, having seen him do it—I kept my bed for more than a week, but did not go to any medical man, as I had been under Mr. Lloyd, at the hospital, for an inward complaint, and had been to see him when this happened—I had not kept my bed before.
Cross-examined by MR. HORRY. Q. Did not the Magistrate bind over the prisoner to appear at the London Sessions to meet any charge you might prefer? A. There was "O. B." on the policeman's paper, which I suppose meant Old Bailey—I was not told to go to the London Sessions, and did not go there—I was bound over to appear here—the fork came out at the other side of my nose—one prong went into my lip—I did not go out of the shop with the pudding—he took it from my hand—I did not call him names till after he kicked me—neither his wife or daughter tried to put me out—nobody but him touched me—his wife pulled him away—I do not know whether the pudding was at the end of the fork, for he took me unawares—I said the pudding was dirty, and I could not eat it—he cut it from a large pudding.
GEORGE BIRCH ORAM . I am a tailor, and live in Silver-st. The prosecutor came into my shop to ask for a pen or pencil, to put down Mr. Ward's name—Ward came across with a piece of pudding on a fork, and said, "Here is the pudding, it is enough for a penny, look, and see if it is enough, or it is not"—he said it was dirty—I did not investigate the quality of it—the prisoner ran the pudding into his face, not intending to run the fork into his nose; but, in the heat of passion, it went into his nose—it was the pudding he meant—his nose was covered with blood—the prisoner did not apologize and say he did not intend to hurt him—I did not leave my shop.
Cross-examined. Q. Did the prosecutor use abusive language? A. He said the pudding was dirty—I first saw him outside Ward's house, apparently quarrelling with Ward—he then came over, and asked Ward's name—I said "There is his name over the door"—Ward came over immediately, with the pudding on the fork, saying, "Here is the pudding, is not this enough for a penny? it is clean and good"—a few words ensued, and apparently Ward intended to push it into his face to smell it.
Q. Did you see Ward's door shut? A. His inner door is always shut.
MR. CHARNOCK. Q. When he said, "Smell," did he use the word "b----"? A. There was a few rough words which I cannot recollect—I heard him say "Smell" when he thrust it into his face.
HENRY EDWARD DAVIES . I am a druggist, and live in Wood-street. The prosecutor was brought to my shop by a gentleman—I found a wound in his nose, and the blood flowing from it—it was a slight wound, or I should not have attended to it, not being a surgeon—blood flowed from it—it might have been caused by the end of the fork—there was but one wound—it was on the side of his nose—I do not think it went through—I gave him some lint and tincture of benjamin to stay the bleeding—he then went to the station, and on his return the blood was stopped—he was excited, and I gave him a draught.
Cross-examined. Q. Did it appear a wound he should keep his bed for a week for? A. I think not—it was a slight puncture.
GUILTY of an Assault. — Confined One Month.
2218. WILLIAM PAUL ROGERS and DAVID ROGERS were indicted for feloniously cutting and wounding Henry Joseph Spicer on the head, with intent to maim and disable him.—2nd COUNT, stating it to be with intent to do him some grievous bodily harm.
MR. PAYNE conducted the Prosecution.
HENRY JOSEPH SPICER . I am a broker, and live in James-street, Marlborough-road, Chelsea. I had a warrant, which I produce, given to me by Mr. Colchester, with which, on the 6th of September, about eight o'clock in the morning, I went to the house where the prisoners lived, in Colchester-terrace, Old Brompton (I had been there a week before, to reason with them, to see if I could not persuade them to leave the house quietly without using other means—I was not able to do so, all I got from them was abusive language) a female was entering the house with some bread, and I went in after her—Johnson was with me—immediately the gate was open I went up to the street-door—Johnson stopped at the outer gate to prevent their locking it—there is a front garden to the house—the door was opened to let the female in, and I pushed in behind her—directly we got in the two prisoners came up from below with two very thick sticks, something like broom handles—I showed them my warrant, and told them I had a warrant to distrain upon their goods for Mr. Colchester, for rent—they said they knew that I had been about the premises a long time trying to get in, and now I had got in they
would well pay me for getting in, or words to that effect—they immediately struck me on the head with a stick—they attempted to force me out first, but finding they could not do so, Johnson pushing me in behind, they then struck me several times—William struck me on the head with an iron bar—David was close behind him then—this is the bar and sticks—David had this stick—William had the iron, and their father came up behind them with this other stick—a warrant is out for the father, but he has not been taken—they told us if we did not go out immediately they would have our lives—I said it was no good their going on in this manner, I was only come there in the execution of my duty; they had much better let me take the inventory, and see what terms they could come to with Mr. Colchester, but they seemed quite outrageous, and struck me several times with one of these sticks, one of them struck Johnson a violent blow on the head, and he went away, and left me there—they then dragged me down in the passage by the hair of my head, and beat me several times about the body, ribs, and loins with these sticks—I could not get out—I was screaming, "Murder" as loud as I could—there was a mob round the door—they had fastened the door after Johnson went—I was left to their mercy—I begged of them not to ill-use me—they broke my hat all to pieces with striking me on the head—if it had not been for my hat I must have had my brains knocked out almost—after talking to them some time, one of them left to go down after the father, who had gone down for something—I got into the parlour, talking to the others—I got my inventory out, and they partly destroyed it—the father came up, and from what he said, induced them to be more violent than before—one of them hallooed out, "Bring down the Turk's knife, and we will cut the b—'s throat"—I screamed out, "Murder" again as loud as I could—the father came up, hearing the cry for the knife—one of them brought it down—I think it was David—I begged and prayed them to let me be, and the father said, "No, that is going too far, such means as that; give me the knife"—they both let go of me, and struggled with the father to get the knife away from him—I went up stairs, threw up the window, and cried, "Murder" as loud as I could—some persons were outside—Johnson was gone for a policeman—he was gone something like half-an-hour—when I came down I was struck by William, at the foot of the kitchen stairs, and a blow on the top of the head on the left side, which rendered me insensible—when I came to myself, in about a quarter of an hour, I was over in the garden of the next house—I did not consult any doctor—I bathed my loins with salt and cold water, and my head with warm water—I was cut in the head—the skin was broken considerably, and bled very much—I bled from the nose and mouth—I was in a very exhausted state all the week, and am now suffering severely from a pain across my loins, which I feel very much if I sit down—I can scarcely draw my breath at times.
Cross-examined by MR. O'BRIEN. Q. Who saw you in this condition? A. Several parties—Mrs. Colchester first saw me—Johnson saw me after I came out—I am sure the young man called out, "Bring down the Turk's knife"—I saw the knife—a man named Warwick was with me—he did not exactly go with me—he was waiting outside—I believe Johnson has not been to the police-office—Warwick has—he merely went with me to accompany me—I got up to the door by following the servant in—I found the outer gate open—that I swear—I believe Johnson found the outer door open—I will swear I did not go over the railings of the next house, nor did Johnson, to my knowledge—Warwick had nothing to do with it, only standing outside—he was not particularly engaged with me on that occasion—he was not my
assistant—he did not go with me—he followed behind me, but I did not know he was there till some time after I came out—he had followed Johnson down—I had spoken to him the night before about it, but not meeting him at the appointed time, I took Johnson with me—I had employed Warwick—I told him to meet me about half-past seven or eight at the Admiral Keppel—I did not meet him there—I met him against the house shortly after I came out—I met Johnson at the Admiral Keppel, and he went with me—I had not served, or attempted to serve a writ on Mr. Rogers that morning—I told a person in a beer-shop, in the neighbourhood, that I had a writ out against Rogers for 11l.;—I sent Johnson with it the first thing, to try to get in—I told him not to serve it—he did not get in then—I was standing almost immediately opposite at the time, under a wall, and saw that Johnson could not get in—I am perfectly sure I saw the father there, and he cut his fingers with the Turk's knife—they became more violent in consequence of what the father said—he said, "You are not going to allow the man to take an inventory, or to stop in the house," or something like that—I do not know that any of the parties are here who saw me with my head out of the up-stairs window, crying, "Murder"—I should say I came to myself in a quarter of an hour, and was then in the next garden, No. 3, I believe—I have no knowledge how I got there—there is no passage leading from No. 2 to No. 3—the wall is about 3 feet 6 high, or it might be 4 feet—I believe Warwick and Johnson were both gone for a policeman—I saw the prisoner's mother in the house, and a daughter—the door was open when I went up to it first—there was a little chain, which was undone—the door opened, the female went in, and I shot in directly—I am positive the chain was not fastened—I heard them undo it, and open the door—I had been about there for two or three days before, to see if I could see them removing the goods, or anything, and to see if there was any way of getting in—I had not known the Rogers before—this happened, I should say, three, four, or five minutes after Johnson had been to the door—the street-door is, I should say, eight, nine, or ten feet from the garden-gate—the wall where I was standing is about as high as my head—I could just see over it—there are seven or eight cottages of Mr. Colchester's in that row—I went before the Middlesex Grand Jury—Warwick and Johnson did not—no one but myself—I never told Warwick that when he went before the Grand Jury he was to say he saw me struck, or he would not get his expenses, or anything of the sort—I never had any conversation with him about his going before the Grand Jury, nor with Johnson.
MR. PAYNE. Q. Are you obliged to be rather sharp in trying to get in? A. We are frequently, and scarcely ever meet with a case now but we get some violence.
CHARLES JOHNSON . I live in New-road, Little Chelsea. Spicer made an appointment with me for the 6th of Sept.—I saw him between seven and eight o'clock that morning, and went with him to Rogers's house, No. 2, Colchester-terrace—I saw a female servant going in, and Spicer walked in behind her—I followed him up the steps, and stood against the door—there was no attempt made on the inside to shut it against us—I kept it open with my foot—a struggle commenced between William Rogers and Spicer, who was then inside the house, in the passage, in front of me—he was pushed down—I went to him to shove the prisoners off—they got sticks, and hit him several times—I cannot swear these are the sticks, they were similar—they did not say anything while striking him, that I recollect—William Rogers struck Spicer on the head—he had a hat on—it crushed his hat—I went to get the stick away from him, and David struck me on my shoulder—I then
fell backwards, and the door was shut—I was shut out, leaving Spicer inside—I went to fetch a policeman—I was half an hour before I could find one—he accompanied me to the house—I found Spicer coming away from the house—he was bleeding from the nose and mouth, from a wound on the head—there was a cut, and likewise a large lump—there was blood on his coat—the wound on the head was small, a mere cracking of the skin, I believe.
Cross-examined. Q. No attempt had been made to shut the door against you? A. No—I had been to the house that morning, about ten minutes before this occurrence—I left a bit of paper there—I saw a woman on that occasion—I do not know who she was—I asked her if Mr. Rogers was at home—she said, "No"—I do not know what the bit of paper was—I did not open it, or tell the woman what it was—I did not know what it was—Spicer gave it me—I left it at the door, gave it into their hands—the door was open when I left it—I had not instructions to enter, if I found the door open—I swear that—I might have entered—Spicer was then standing at the bottom of the road—he did not tell me what he was there for—he told me the evening before that I was to go with him in the morning to Colchester-terrace, to see if I could gain admission into the house—I had not got the warrant to enter the house—I was not examined at the police-office—I was not sent for to go—I did not see Warwick at the door that day—I did not see him getting over the rails—I found Warwick standing at the public-house door when I came out of the house, about twenty yards off—that was the first time I had seen him that morning—I had not seen him the night before—I was not with him and Spicer when any appointment was made—I made the appointment about nine o'clock in the evening, at the Admiral Keppel, in the Fulham-road—I had nothing to drink on that occasion—Warwick was not there—I did not understand from Spicer that Warwick was to have been with me on that day—I was not at all surprised when I saw him—I did not expect to find him there—he did not follow me that I know of—he clid not run with me to the police-office—I suppose he remained—I do not know where he went to—I had been in the house about five or ten minutes—I was away half an hour or more going for the police—I only brought one policeman with me—I did not see anybody in the passage but the two prisoners—I had no conversation with Spicer about my expenses in this case, nor with regard to my going before the Grand Jury.
JOHN SEWARD . About nine o'clock, on the morning of the 6th of Sept., I saw Spicer at the corner of the Green, in Marlborough-road—I saw his hat, it was bent on one side, it appeared as if it had been struck by a weapon—he seemed to be very much flurried—there was blood on his arm, and on the side of his coat—I afterwards went to the prisoner's house, to watch if the goods should be moved—while waiting there I saw both the prisoners at the front window, and at different windows of the house—I saw them come to the window several times during the day with a kind of small-sword, sticks, and different things—I saw something like this bar—I spoke to them about seven o'clock that evening, and said, "You are a set of cowardly rascals, to strike such a little fellow as that, so many of you"—William replied, "Not so many of us; it was only us two;" putting his hand on David's shoulder—some person behind said, "Tut, hold your tongue, you fool"—they said they would serve me worse than that if I came there—Wheeler was with me.
Cross-examined. Q. What are you? A. A labouring man—Spicer asked me to watch the house.
WILLIAM WHEELER . I was with Seward, watching the goods at Mr. Rogers's house. I saw the prisoners there—they warned us not to enter the house—William had a knife or small sword in his hand, sharpening it on
the window-cill, and he said if we entered the house, they would serve us as they had done Spicer, if not worse, and if that would not do, they had something worse.
Cross-examined. Q. Did you go to the door? A. No—I saw it closed—they did not say if we broke into or made a forcible entry into the house they would serve us as they had done Spicer, nor anything to that effect—I am certain of that—I did not see Spicer that morning—I saw him between five and six o'clock in the afternoon—I had nothing to drink with him till the latter part of the evening, we then had a pot of porter amongst five of us.
JOHN LEGGATT COLCHESTER . I am a builder, and live at No. 11, Colchester-terrace, Old Brompton. I am the landlord of No. 2—a year and three-quarters' rent was due—I authorized Spicer to go and distrain—I saw this bar in the house after it was all over—the furniture was broken all to pieces.
MRS. COLCHESTER. I heard the cry of "Murder," and saw Spicer—he appeared to me to be very much hurt—I saw the prisoners—William said to me, "Good morning, Mrs. Colchester, I want your husband," and put himself in a fighting attitude—they said, "If you want to see your man, you will find him over the wall; we have just put him there."
Cross-examined. Q. How far is your house from No. 2? A. A very short distance—on hearing the cry of "Murder," I came out of my house, and saw William Rogers standing at the door—I saw Spicer come out of the street-door of No. 4, which is an empty house, bleeding from the face—he had a large bruise on the head—he said, "Put your hand, and feel"—I did so, and said, "Are you hurt?"—he said, "I am hurt about my loins"—he could scarcely stand.
(Witnesses for the Defence.)
ALICE WILDING . I am a servant, and live at No. 15, Gloucester-grove, opposite No. 2, Colchester-terrace. On Friday morning, the 6th of Sept., at ten minutes to eight o'clock, I went to answer our bell, and saw a man standing at the end of our gate, about twelve feet from our house—my curiosity was rather excited—I walked to the gate, to ask him his business, and as I did so, he walked round the corner, crossed the road to No. 2, and shook the railing—as he did so, a smaller man appeared at No. 1—I should know them both again—(looking at Spicer and Johnson)—they are the men—about a minute after Johnson's shaking the railing he got over, and at the same time Spicer got over No. 1, passed the kitchen window of No. 1, and perched himself up at No. 2—there is a party-wall and railing between the houses—I saw these men get over, and as they got over, the door of No. 2 opened about the space of a quarter of a yard—Spicer was then perched up on the railings of No. 2—as soon as the door was opened, he jumped down on the threshold of No. 2, and endeavoured, with his back against the door and his right hand against the partition, to force his way in—his left hand and leg was inside the door—his foot and arm seemed to be inside—I do not know who had opened the door—I think there was a chain up, which prevented the door from opening any further, but I think there was sufficient room for Spicer to pass through, for he seemed to slip through—I saw Johnson on the threshold of the door, holding on by the knocker, and calling, "Murder"—he held the door, and completely jammed Spicer in it—I saw Spicer get in by some means, and Johnson pulled the door to—he took up a stick and his own hat, apparently, and came across the railing screaming "Murder" all the way—he asked some man to help him, but he would not, and he ran round Gloucester-grove West, screaming, "Murder"—the policeman came a different way,
and in three or four minutes, (by the time I had shut my door, and got up to the drawing-room window,) William Rogers appeared on the steps, and said, "If you want your man, you will find him at No. 4"—and as he spoke the words, out came Spicer from No. 4—he did not stop for the landlady's opening the gate, but leaped across, and said, "I will give that man in charge"—he came over the back walls, and came running out, I should say in three minutes after he had got in—if I said four I should be on the outside—it excited great laughter, for he was no sooner in the house than he was out again at the back—William Rogers sung out, "Don't come here again"—he threw the stick and hat over the railings, and said, "Put on your hat, or you will get cold; and if any man comes let Mr. Colchester come"—Johnson was not in the house at all.
MR. PAYNE. Q. Did you see Mrs. Colchester? A. Yes—she was there when the prisoner said, "You will find the man coming out of No. 4"—she came with a key to open the gate; but he would not stop for that—he came across—he did not stop and speak to Mrs. Colchester—William Rogers did not say to her, "If you want your man you will find him in the next yard, for we have put him over the wall"—I swear that—I am servant to Mr. Malin, who is a clerk in the Secretary of State's office—I have lived there two or three months—I do not often see the prisoners—I never spoke to any of the family—I did not see William brandish a sword—I can swear he did not do so all day long—he never came to the door, nor yet to the window, from the time the house was shut—they kept the blinds down and shut the shutters up—at half-past five o'clock in the afternoon there were from fifteen to twenty men collected about the window, and about half-past six they opened it and asked what they wanted—they did not show the sword, or sharpen it, or anything of the kind—I did not know that the Rogers's were all at hide and seek—I never saw the eldest prisoner before this—there is no brick wall opposite our house—from the window I can see the front of Rogers's house—I am a servant of all work—I am about my work in the day-time—there was no other disturbance—it was to Johnson that William Rogers said, "If you want your man you will find him coming out of No. 4"—Johnson ran and fetched a policeman—he called, "Police, murder," and the man on duty came up—I suppose the door was open enough for the little man to get in.
THOMES EYRES . I am a one-horse fly-master. On Friday morning, the 6th of Sept., just before the clock struck eight, I saw the prisoners, and saw a man go by my house, singing out for a policeman—I cannot swear it was Johnson, but to the best of my opinion he is the man—I did not hear the prisoner say anything to him.
GEORGIANA ROGERS . I am sister to the prisoners. I was at my father's house on Friday morning the 6th of Sept.—I saw Johnson come to the gate, and shake it—my mother went down to him, and he gave her a copy of a writ—I did not hear what took place between them, but I saw him give something to my mother at the gate—he was outside the gate—the door is about ten feet from the gate—he did not come up to the door—about five minutes afterwards Johnson came to the gate again—I was going up to tell my mother that he was come to the gate again, and when I got up I saw that the door was being pushed open—there was no woman at the door—my mother was in the passage—nobody had come in—there was nobody outside to come in.
Q. How did the door get open then? A. My brother went up behind the door to open it—my brother opened it with the chain first, and then closed it again—no servant came in at that time—my brother closed the door again after he had opened it with the chain, and somebody outside forced it open again—no
one had got in before the door was closed—the man outside forced the door open again after it was closed—the lock was not broken—the first time the door was opened by the chain was to let my mother down, to go to speak to this man at the gate—she did not go outside at that time—as soon as my brother opened the door, he shut it again—the first time she went down, she came up again, and the door was closed—the men did not follow her in at that time—it was five minutes after that they came again to the gate—the men did not follow my mother in—the first time the men came to the gate, she came down stairs and showed this copy of the writ to my father—my father was there the first time—the second time, when the door was partly opened, and I heard the scuffle, my father came up, when the men were outside the door; but directly he heard the door open an inch, he was out of the house—he went out at the back door—I did not see where he went to—when Spicer got in he struck my brother—my father was not present during any part of the disturbance between Spicer and my brother—I was present all the time till my brother took Spicer out of the back yard door—my father was not present during any of that time—my brother led Spicer through the back door—he held his arms down—he did not appear to be senseless during that time—I did not see how he got over the wall—I went down stairs when they got as far as the yard door—the door was latched at the time it was forced in—I saw the latch catch—I was close behind the door at that time I suppose—it was lifted by Spicer forcing the door from outside—it was forced back, I suppose—the latch was not broken—it does not lift from the outside—the latch has not been used since we have been in the house—we have been there four years.
MR. PAYNE. Q. Do you know whether your father was taken to the police-office with his hands all cut that morning? A. I have heard so—I do not know what has become of him—there is no such thing as a Turk's knife in our house, or dagger, or short-sword, nothing of the sort—I swear that—this bar was hanging in the front kitchen, and one of these sticks was in the house, not both—one was used as a prop in the yard.
COURT. Q. When did you see your father last? A. That very morning when he left the house—he has been away ever since—I did not notice whether his hands were cut when he went away—I do not know the way he went out—the last I saw of him was when he left the yard door—there is no gate at the back of the honse—there is a hedge, and a wall, with some lattice-work on it—he must have gone over the wall or hedge.
JAMES M'CARTNEY . I live at No. 1, Colchester-terrace, Old Brompton, next door to Rogers'. On Friday morning, the 6th of Sept., shortly before eight o'clock, I saw Mr. Rogers in the back premises, passing from his house, across mine—it is a very easy matter to cross over—there is a hedge at the end of the garden—I was hurt to see him, and said, "Rogers, come in"—he said, "No, no"—there is a wall between the next house, six feet high, and he went over it—I was surprised to see a man of his age make the attempt—there was nothing on the top of that wall—it was even—I saw his hands very plain—I was close to him—prior to this I was in my front garden, and saw the witness Johnson come to the gate of No. 2—he looked round, and said, "Is this Mr. Rogers's?"—I said, "Yes, shake the gate"—he shook the gate, and Mrs. Rogers came out of the house, down her steps, to the outer gate—Johnson said, "I have a copy of a writ for Mr. Rogers"—he delivered it, and she said, "Very well"—I then went in doors, and in a few minutes after I heard a bustle in the passage next door, and it was then, in coming up the stairs, I saw Mr. Rogers come out and go over the wall—he never returned—he went clear away from the house—there was no glass on the wall he
went over—I perceived him distinctly, and his hands were as clean as mine are—I did not observe any blood on them—on the second or third wall from this there is glass—I have seen it from my own window—if he went over two or three more walls he would come to the glass—he could not get clear away after getting over the six-foot wall—he must have got over three or four walls, but I did not see him.
COURT. Q. What was there to prevent his getting into the road without going over so many walls? A. If he had gone in front towards the road, he would have gone into the midst of a number of people who were assembled along the road—it appeared to me that he endeavoured to avoid them—there is a nursery-ground at the back—there are about a dozen houses in the row—my wall leads to Gloucester-cottage—if he had gone through a quickset hedge he could have got away—I thought he would have preferred that, but was surprised to see him take to the wall—I saw Spicer, about four or six minutes afterwards, come out of No. 4, which is an empty house—I did not see what had happened to him—I saw his hat on the steps of No. 2—I could not see in what state it was, or whether it was beaten through—it appeared like my own, not beaten, unless anybody had trodden on it—when the prisoner William came out of his own door, he said, "Throw that man his hat"—it was thrown to him, and then it might have been knocked about—there was a dreadful crowd, and one of them remarked, "Poor fellow, he is showing his head, but he does not know which side has been beaten; he has absolutely shown the wrong side."
GUSTAVUS SINTZENICH . I am an artist. I know Mr. Rogers, the prisoner's father—on the Friday morning, at half-past eight o'clock, or twenty-five minutes to nine, I saw him at my house, No. 41, Moscow-road, Bayswater, something under a mile, I think, from Colchester-terrace—his left hand was very severely cut—he told me that, in going over a wall that was bordered with broken glass, his hand got cut, and it evidently was the cut of broken glass—there were two principal cuts, an angular and curved one, besides small punctures, not such as a sharp knife or dagger would make.
W. P. ROGERS— GUILTY . Aged 18.
D. ROGERS— GUILTY. Aged 14. Of an Assault.—Recommended to mercy by the Prosecutor.
Confined Two Months.
OLD COURT.—Tuesday, August 16th, 1844.
Second Jury, before Mr. Recorder.
GUILTY . Aged 20.— Confined One Year.
GUILTY (†) Aged 17.— Confined One Year.
2221. ADOLPHUS STONE and JACQUES VOISIN were indicted for stealing 1 dressing-case, value 8s.; 1 shaving-box, 6s.; 1 hair-brush, 1s.; 1 tooth-brush, 2s.; 1 nail-brush, 4s.; 1 brush, 1s.; 1 shaving-brush, 6d.; 1 comb, 6d.; 1 razor-strop, 4d.; 2 razors, 1s.; 1 pair of scissors, 4d.; 1 nail-file, 5d.; and 1 pocket-book, 3d.; the goods of William Dobson.
some note-paper—they both looked at the articles in the shop—Stone paid for the paper—the dressing-case now produced was afterwards shown to me by Braddick, the officer, and a pocket-book—there were pocket-books on my counter—I know the dressing-case, it had not been sold, and this red book, which was taken at the same time—this is such writing-paper as I sold them.
Cross-examined by MR. DOANE. Q. What paper did they ask for? A. Note-paper—this book is made to contain skin, but has none in it now—it has been made many years—I did not miss it—I cannot say I never sold one of these books—I should not sell it without the skin.
Cross-examined by MR. BALLANTINE. Q. Is there a private mark on the case? A. No, I know it by the instruments in it, which I put in—they are different to when it came into my house—the button-hook has my private mark on it—I had noticed this dressing-case that very day.
JOHN BRADDICK . I am inspector of pavements for the parish of St. Giles. On the 31st of May, between eight and nine o'clock, I saw the prisoners in Drury-lane—Stone had his coat over his arm, and something bulky under it—I followed them to a shop in Tottenham-court-road—they came out and went into another shop—I spoke to the master of the shop—in consequence of what he said, I followed, and took them into custody in Tottenham-court-road—I asked Stone where he got this dressing-case from, which I took from under his arm—he said it was his own, and he had brought it from home—I searched Voisin at the station, and found the note-paper and pocket-book on him—I asked where he got them—he said he could not speak English—I took the articles to Mr. Dobson, whose name was on the dressing-case, and he identified them—they were about a mile from Mr. Dobson's.
MR. DOBSON. I know this dressing-case—it is quite new, and had only been in my house two days—it is an advertised case by an "advertised libeller"—an opposition shop—I bought it to see what it was like—the selling-price as advertised was a guinea—I changed the instruments, and added about 6d. to its value—I could sell it for 1l.;, and get 1s. by it—I should sell it for 1l.;
STONE— GUILTY . Aged 22.
VOISIN— GUILTY . Aged 39.
Recommended to mercy.— Confined Three Months.
2222. SAUL FISCHELL was indicted for stealing, at St. George in the East, 10 watches, value 24l.; and 1 guard-chain, 1s.; the goods of Adolphus Liepman, in his dwelling-house; and afterwards, about the hour of five in the night, burglariously breaking out of the said dwelling-house.
ADOLPHUS LIEPMAN . I am an outfitter, and live at No. 81, Parson's-street, East Smithfield, in the parish of St. John, Wapping. The prisoner was in my service for twelve days—I told him on the night of the 24th of Aug. to go with a note to East County Dock—next day, about half-past five o'clock in the morning, I heard him coming down stairs, and heard the shop door shut—I got out of bed, went into the kitchen, and he was gone—I had given him a new suit of clothes the day before—I examined my stock, and missed a gold watch, nine silver watches, and two German silver guards, and other articles, worth 25l.;—I gave information to the police, and found him in custody about one o'clock the same day—he ought to have taken the note about seven in the morning, but I had not given it to him, and he could not have gone out with that.
JOHN CULMAR (policeman.) I apprehended the prisoner in High-street, Shoreditch, and at the station found eight watches and two guards on him—the prosecutor claimed them—I asked the prisoner what had become of the other two watches—he said he had sold them down Petticoat-lane—I got a
man, named Cohen, in consequence of what he said, and got a watch from him—the prisoner had three watches in his outside coat pocket, three in his inside pocket, one in his trowsers, and one in his fob—I believe the prosecutor's house is in the parish of St. George's East.
ADOLPHUS LEIPMAN re-examined. I pay taxes to the parish of St. John, Wapping. This is my property—I have known the prisoner about two years—I gave him 6d. at different times, and at last took him as a servant, and in twelve days he robbed me.
GUILTY of Stealing only. Aged 20.— Transported for Seven Years.
2223. THOMAS COLEMAN was indicted for feloniously cutting and wounding John Daniels, with intent to resist and prevent his (the prisoner's) lawful apprehension and detainer.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
JOHN DANIELS . I am in the service of Mr. Barber, wharfinger, of Brewer's-quay. On Tuesday morning, the 27th of Aug., I saw the prisoner going up the quay with two cheeses under his frock, and one, or part of one, inside—I followed him up Thames-street, stopped him, and asked him to come back to Mr. Barber's wharf—he said he would give me the I cheeses if I would let him go—Peters came up in the meantime, and he struck him with his fist, and me with a brickbat in the forehead—it was a heavy blow—a policeman came up, and secured him—I was holding him to detain him for stealing the cheeses, when he struck me with the brick.
Prisoner. I had not got the cheeses when I was stopped. Witness. He had them when I stopped him.
EDWARD GEOERGE CAESAR . I am clerk to Joseph Barber, at Brewer's-quay. I saw the witness stop the prisoner, who had two cheeses with him—he struck Daniels with a brickbat on the head, which bled a good deal, but I do not think it cut very deep—the cheeses belonged to my master, and were taken from a vessel alongside.
Prisoner. I had not got them when he came up. Witness. He had them under his arm, two cheeses cut in half—I found 1s. 4d. and a knife on him.
GUILTY on the First Count. Aged 23.— Confined One Year.
GUILTY . Aged 45.— Confined Three Months.
GUILTY . Aged 37.— Confined One Month.
GUILTY . Aged 39.— Confined Twelve Months.
GUILTY. Aged 24.—Recommended to mercy, and received a good character. — Confined Fourteen Days.
OLD COURT.—Wednesday, September 18th, 1844.
GUILTY . Aged 19.— Transported for Ten Years.
2229. JOHN STEVENS was indicted for stealing, on the 31st of Aug., at St. Matthew, Bethnal-green, 20 sovereigns, 7 half-sovereigns, 8 half-crowns, 18 shillings, 3 sixpences, 110l.; and 15l.; Bank-notes, and 1 security for 5l.;, the property of Henry William Claringbould, in his dwelling-house; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 30.— Transported for Fourteen Years.
JOHN FURNIFULL . I am a clerk, and live on the premises of Messrs. Leaf, in Wood-street, Cheapside. On the 29th of Aug., about three o'clock in the afternoon, I was in Cateaton-street—I felt something at my coat pocket—I turned round, and saw the prisoner running away with a handkerchief in his hand, which was mine, and had been in my pocket just before—I pursued, and saw him throw it down—I took it up—it is my property.
GUILTY . Aged 21.— Confined Four Months.
Before Mr. Justice Wightman.
MR. CLARKSON conducted the Prosecution.
THOMAS TRUMPER . I live at Harefield, and am bailiff to my uncle, William Trumper. On Friday morning, the 30th of Aug., about seven o'clock, I saw the prisoners going across the pasture fields belonging to my uncle, at Harefield—they went into a blind ditch, which has a hedge growing over it—I went round, and came up to the spot where they were—when I got near them I heard what I thought was the sawing of meat—I got assistance, and returned with William Trumper and George Holt to the spot where I had seen the prisoners—they had then left—I examined the place, and found two loins of mutton in the ditch—they have not been preserved—they were covered with a bag—I saw Foy going away from the spot—he was from seventy to a hundred yards off when I saw him—I sent for a policeman, showed him where I found the mutton, and delivered it to him—when I saw the prisoners in the ditch there was nobody else about—the mutton was partly in and partly out of the bag.
Cross-examined by MR. O'BRIEN. Q. When you first saw the prisoners, were they not going across the footpath? A. No, crossing the fields where there is no footpath—they got into the path—there are hazel-nut trees in the hedge.
the 30th of Aug., about eight o'clock, I received information of the loss of these sheep, in consequence of which, I with another policeman, took the two prisoners into custody—I took Grainge leaning against the back gate of his own premises, at Harefield, about a quarter of a mile from where the mutton was found—I took Foy in the road, about 200 yards from Grainge's house—I noticed on the right shoulder of Grainge's jacket marks of fresh blood, and observed some cliver-seeds on his jacket—I found a dog fastened up in his house, and a basket hung against the wall, with about a quarter of a pound of mutton suet, and some pieces of mutton, which had been recently cut off the loin, about half a pound—I afterwards had two loins of mutton delivered to me by young Mr. Trumper—I compared the mutton found in the bag with the loins, and they corresponded with both loins—I went next day to the field near the ditch, and found the dog I had found in Grainge's house lying on this smock frock, at the spot where the loins of mutton had been found—I went there on Saturday evening about six o'clock, which was the next day—I also found a piece of breast of mutton laying about five yards from the dog, weighing about nine pounds.
Cross-examined. Q. Did you know Grainge's house? A. Yes—I recollect him living there for twelve months—he is a sawyer.
WILLIAM ROADNIGHT . I am a butcher, and live at Uxbridge. I had some sheep belonging to Thomas Symons, a butcher, at Chelsea—I rent some land at Harefield, and placed thirty-seven sheep there—I counted them on Sunday, the 25th of Aug.—they were all right then—I have seen the field and ditch described—it is about a mile and a half or two miles from where I kept Symons' sheep—on Friday, the 31st of Aug., hearing somebody was in custody—I went again to the field, and missed two sheep—they were Lincoln wether sheep, very fat, and unusually large and forward for the season—I saw the loins of mutton which Trumper found, also the neck and breast found by the officers—I compared the suet and pieces of mutton found at Grainge's house with the loins found in the ditch, and, in my judgment, they corresponded—I never found the skin of either sheep—in my opinion the mutton was Lincoln mutton—the loins, neck, and breast, were all of a very large size, and corresponded with the lost sheep, in its state of forwardness as well as quality—it was not cut up as a butcher would cut it—I believe the neck and breast were parts of the same animal.
Cross-examined. Q. You knew nothing of the sheep from the 25th to the 31st? A. No.
WILLIAM ENGLAND (police-constable T 170.) I accompanied Dudley to find the property—I knew Grainge, and have seen him wear a smock-frock like the one found in the ditch—I cannot identify the frock—there were marks of blood on the frock—I accompanied Dudley when he found the neck and breast of mutton—I went on Sunday, and found two legs of mutton in Mr. Grove's field, near the field where Roadnight's sheep were foddering—they were in a ditch, about 200 yards from the blind ditch—I saw the suet and mutton found at Grainge's house compared with the loins found in the ditch—in my judgment they exactly corresponded—the legs were large, and so were the loins—I fitted the legs to the loins—they corresponded as near as could be, but it was hacked in cutting up.
Cross-examined. Q. Do not all the labourers wear smock-frocks? A. Not all of them.
WILLIAM ROADNIGHT re-examined. I saw the two legs of mutton found in the ditch, near the foddering field—I believe one to be the leg of a Lincolnshire sheep—they were the legs of two different sheep—I could not compare them with either of the loins—they were large mutton.
WILLLIAM TRUMBER . I am not in business—I reside at Ham. I was with my nephew on Friday morning, and saw him find the loins of mutton in the ditch—I went next day to the field where Roadnight's sheep pasture, and found, about 300 yards from there, two distinct spots, about five yards from each other, where sheep appeared to have been slaughtered—it was between the field and the blind ditch—I found part of the entrails of a sheep within about five yards of where they had been slaughtered—they had been hung up on two young oak-trees—the bark was rubbed off where they had hung—I found remnants of wool and grease—I never killed a sheep, but there were two spots where the blood had flown—the mutton found in the ditch was very fresh, as if recently killed.
Cross-examined. Q. How far from the ditch did they appear to have been killed? A. About a mile and a half.
NOT GUILTY .
Before Mr. Justice Cresswell.
2232. SOLOMON PARKER and JOSHUA JACOBS were indicted for burglariously breaking and entering the dwelling-house of Abraham Belasco, at St. Botolph Without, Aldgate, about the hour of one in the night of the 10th of September, with intent to steal.
MR. CROUCH conducted the Prosecution.
CHARLES JONES . I am pot-boy to Abraham Belasco, who keeps the Gun and Star public-house, Middlesex-street, Whitechapel. In consequence of a communication from my master, I was on the watch on the 11th of Sept.—the house was shut up at half-past twelve o'clock, and the parties retired to bed I went to my own room, but did not go to bed—I slammed my room door when I went in—I came out, and there was a candle in Parker's room, and the door was open—he lodged in the house, on the second floor—I slept on the third floor—he bad gone up stairs with me, and went into his room, and shut the door—when I had been up stairs about five minutes, I came out again, and saw Parker standing on the landing, watching—I came out again, and saw him go down stairs—I returned to my room, took ray clothes off, then came down stairs, and did not know what had become of him—I returned to ray room, got a short pipe, as an excuse to go into his room for a light, to see if he was there—I went into his room, struck a light with a lucifer, and then saw he was gone—I went up to my room, got a candle, and as I came down the candle fell out of my hand, and then I saw a light through the skylight of the skittle-ground—I leaned down, put my head through a broken square of glass, and saw Parker and Jacobs come out of the skittle-ground into the yard, and I saw one of them go into the pot-house, which is by the back door in the yard—I cannot say whether he brought anything out of there—they then went to the cellar flap—I saw them lift it up with something long, which appeared to me like a shovel—I saw them both go down into the cellar—they were not many minutes opening the flap—they propped it up with something—I then alarmed my master—I saw nothing more, as I went for the police.
Cross-examined by MR. PAYNE. Q. How long have you been in Belasco's employ? A. About eighteen months altogether—I do not know of his buying other goods besides spirits—I have been charged with something very
unimportant—it was not for stealing, but for breaking open the Blue Anchor—I was honourably acquitted—I lived servant there at the time—I will swear Belasco's house is not a receptacle for stolen goods—Parker had lodged there three or four months.
ABRAHAM BELASCO . I keep a public-house in Middlesex-street, Whitechapel, in the parish of St. Botolph, Aldgate. In consequence of information I received, my potman watched on the night of the 11th, and alarmed me about a quarter-past one o'clock—in consequence of what he told me I went to the cellar in the yard—I found the cellar-flap propped up—the cellar communicates with the house—it opens into the spirit-cellar, and leads up into the bar, and so through the house—we can go into the cellar without entering at the flap—I had been in the cellar two days before—it was then fastened with a padlock and hasp—on this morning I found it open—I entered with the police, and found the prisoner Jacobs crouched down behind the door which was in the cellar—in an adjoining cellar I found Parker crouched down behind an old door—I said to Jacobs, who had formerly been my pot-boy, "Are you come here to rob me, who have been so kind to you?"—he said, "Yes, I am here"—I said, "Tell me who has got my property, it may get you off a little punishment"—(I had been robbed five days before)—he said he would tell me—the policeman said, "No, don't do it now, you had better go to the station, that is an after consideration"—I said to Parker, "I am sorry to see you here"—he had lodged in my house for six or seven weeks—I believe he buys old clothes—I was formerly a pugilist—I have kept this public-house two years, and am the landlord—I missed three or four dozen of port, sherry, and champagne from the cellar.
Cross-examined. Q. How long is it since you left off prize-fighting? A. About eighteen years—my public-house is in Petticoat-lane—that is the right name—I decline saying whether I was in prison for two years, or for a year before that—I do not wish to say whether I kept a house frequented by very young girls and men, or whether I had two years' imprisonment for that—I shall not say whether I was charged with uttering counterfeit money, or suffered a year's imprisonment for it—on my oath, I never buy property which is brought to my house—I have become honest and respectable—I do not buy anything—I have made that rule for ten years—I was always honest—it is ten years since I was in prison—the first time is so long since, I have almost forgotten it.
MR. CROUCH. Q. You have been charged with nothing for ten yean? A. No—I was never charged with felony.
GEORGE HAZLEWOOD (City police-constable No. 613.) On the 11th of Sept. I was on duty in Middlesex-street, and was called into Belasco's house by the pot-man—I came to the door, and they told me there were thieves in the house—I went into the back premises with Belasco—he entered the cellar with me—the flap was open altogether—we went through one cellar into another, and the door was open—Belasco pointed to Jacobs, who was standing there—I afterwards saw Parker in the adjoining cellar, crouched up behind a door which was loose—I believe Belasco said something to Jacobs, and asked if he would say who were the parties concerned—he said yes—some questions were put to him, but what I cannot say—I said nothing to him—I said I must take the parties to the station, and anything that might he said would be a further consideration—I took them to the station with assistance—they did not resist—they said nothing to me going along—the house is in the parish of St. Botolph, Aldgate—the prisoners did not say what they went into the cellar for.
parish of St. Botolph Without, Aldgate. That is the name the parish goes by—our precepts for elections are so named—I did not know Belasco's house—I know Petticoat-lane—one side of it is in that parish I am confident, and believe it extends as far as the East India warehouses—Middlesex-street and Petticoat-lane are both one—one side is in the county, and the other in the City—the part in the City is in the parish of St. Botolph Without, Aldgate—I do not know the Gun—the other side of the lane is in St. Mary, Whitechapel—the part commonly called St. Botolph, Aldgate, is St. Botolph Without, Aldgate—I know no parish of "St. Botolph" only.
(The prisoners received good characters.)
PARKER— GUILTY. Aged 19.—Recommended to mercy by the prosecutor believing him to be the dupe of Jacobs. — Confined Nine Months.
JACOBS— GUILTY . Aged 35.— Confined Twelve Months.
Before Mr. Justice Wightman.
2233. ALFRED DALLENGER was indicted for stealing, on the 31st of Aug., at Allhallows, London-wall, in the dwelling-house of James Morris Frost, 2 spoons, value 10s.; 2 shillings, 1 sixpence, 30 pence, 60 halfpence, and 240 farthings, his property; and afterwards, about the hour of two in the night, burglariously breaking out of the said dwelling-house.
MR. PAYNE conducted the Prosecution.
JAMES MORRIS FROST . I am landlord of the Stirling Castle, London-wall, in the parish of Allhallows, London-wall. On Saturday, the 31st of Aug. I closed my house exactly at twelve o'clock—I went to bed about twenty-five minutes to one—before I went to bed I looked into the bar and tap-room—I went down into the cellars to turn off the gas—I saw no person either in the bar, tap-room, or cellar—there are a pair of glass folding-doors at the foot of the stairs, inclosing the tap-room and bar from the other parts of the house—I locked those doors before I went to bed—I took the key with me—I did not leave any person up in the house after me—I came down next morning about two minutes past eight—I found the glass doors locked—I unlocked them myself—I saw a chair which was in the bar over night, in front of a door which leads out into the street—I went to the doors, tried them, and found them unbolted—they were fast the night before—I found all the doors in the bar open, and some cupboard-doors—I missed 11s., 6d. from the till—there was 5s. worth of farthings wrapped up in brown paper, with "5s. Farthings" written on the outside—there was 18d. in silver, and the rest in pence and halfpence—it is my usual practice to chalk on the till the amount in it—I had left the money safe when I went to bed—I missed from one of the drawers two silver teaspoons—I have seen some tops of spoons produced—I had half-a-dozen spoons of that kind, only two were left in the bar-drawer when I went to bed—these two tops of spoons I should say are mine, from a particular mark, by the Hall mark—I have the other four here, which exactly correspond in pattern—I swear to these—I know the prisoner as an occasional customer at my house—he came to me on the Friday evening, in the tap-room, and asked me if I had any objection to trust him a pint of porter—I said, "No, you look an honest young man"—he came out again afterwards, and said would I have any objection to let it be 6d., and have another pot—I said, "No"—he said he would come on the Saturday and pay me—I did not see him on Saturday.
in the evening, in the tap-room—I saw him there as late as ten—I came down on Sunday morning about two minutes after eight, after my master—I did not observe anything till I was informed of it by my master—I then saw a chair standing at the street-door—I know these tops of spoons by the particular mark at the top, near the handle—I have seen them in my master's possession ever since I have been there.
Cross-examined by MR. HORRY. Q. You came down at seven o'clock first? A. At five minutes to seven, but I could not get through the doors, or get near the bar till my master let me through—I saw the prisoner as late as near ten the night before—I will not swear it was quite ten.
JOSEPH UNCLE . I am carman to Mr. Jay, of London-wall, and live in River-lane, Islington. I was at the Stirling Castle on Saturday the 31st of Aug., about nine o'clock—I saw the prisoner there under the settle that goes round the tap-room—he appeared to be asleep—I caught him by the hair of his head, and asked what he did there—I believe I said, "Come out of there, I believe you are a mungo breed?"—he asked me why I aroused him up, he was having a sleep—he got up, and asked my mate to give him a light from the gas for his pipe—I went away about twenty minutes past nine, and left him there.
THOMAS QUARTERMAN (City police-constable, No. 127.) In consequence of information I received, I took the prisoner into custody, between seven and eight o'clock on Sunday evening the 1st of Sept—I told him he was suspected of a robbery at Mr. Frost's—he said he owed Mr. Frost 6d., and he would go back with me—I took him to Mr. Frost's—he immediately identified him—the prisoner said he was there at eight the night previous—that he went from there to a coffee-shop, and stopped there till four in the morning—I took him to the station, searched him, and found on him fifteen duplicates, 2s., and 5d., in halfpence, and the top parts of two silver spoons, produced.
(The prisoner received a good character.)
GUILTY of stealing in the dwelling-house. Aged 20.—Recommended to mercy by the Prosecutor. — Confined Twelve Months.
Before Mr. Justice Cresswell.
2234. GEORGE AXTELL and JOHN AXTELL were indicted for breaking and entering the dwelling-house of William Edward Harvey, and stealing therein 7 pairs of trowsers, value 7l.; 3 coats, 10l.; 13 waistcoats, 7l.; 10 shirts, 1l.; 10s.; 11 towels, 5s.; 1 frill, 10l.; 2s.; 1 pair of socks, 6d.; 1 pair of stockings, 2s.; 1 pair of drawers, 1s.; 1 pair of braces, 10s.; 7 handkerchiefs, kerchiefs, 7s.; 2 neckerchiefs, 2s.; 1 stock, 3s. 6d.; 3 collars, 1s. 1 table-cloth, 3s.; 1 breast-pin, 2l.; 2 Doyley's, 1s.; 2 napkins, 1s.; 1 jacket, 2s.; 1 fishing-rod, 5s.; 2 tumblers, 1s. 6d.; 1 box, 3s.; 1 key, 6d.; and 8 printed books, 10s.; his goods.
WILLIAM EDWARD HARVEY . I live at Barnard's-inn, Holborn, and am clerk in my uncle's counting-house, Harvey, Vere, and Co., Whitefriars. My chambers are at the top of the house in Barnard's-inn. On Wednesday, the 4th of Sept., I went out about past nine in the morning—I returned about half-past two—I found a large bundle of things on the stair-case, which I imagined. might have been my foul linen—on going to my bed-room I found the whole contents of my wardrobe gone—the door was closed, but some instrument had been bored through, and the bolt pushed back by a piece of iron—I had left the door locked, and found it locked—it is a spring lock—any one inside would have forced it—I found my wardrobe open, and everything taken out
of it—the articles stated were among them—the prisoner George was my servant for about two months until a fortnight before the time—he gave me warning himself—I went to his house with a policeman, that day or the next in Rose-buildings, Fetter-lane—he lives with his mother—he has no father—I had missed things on the Sunday before—at his mother's house I found a waistcoat which was in my wardrobe when I went out on the Wednesday morning, to the best of my belief, but I am not sure, not having counted over my waistcoats—on my dressing-table I found this piece of iron—on comparing it with the chambers below, it was evidently the bell-pull of the chambers of Messrs. Strangeway's and Walter's—an attempt had been made to force my dressing-case, and in doing so a pair of scissors of mine were broken—they were with my razors—the lock was not forced—I was obliged to force it myself, afterwards, and found the pieces of scissors in the dressing-case—I went a second time to the mother's house in Rose's-buildings, and watched the prisoner George in—I said to him that his brother was in custody, and that I wished to clear his character, and I thought he would have no objection to allow me to examine his chest, or rather to confront him with a witness I had, who saw him in the Inn, carrying out my washing-box, in which the articles were taken—that person was Mary Graham, one of my neighbour's servants—after taking him to her, we took him to his master, Mr. Nettleshed's chambers, No. 15, Clifford's-inn—he had a desk there—I asked Mr. Nettleshed's permission to examine it—Mr. Nettleshed himself went to his desk in his presence—we examined it, and in it found a bundle tied up in a pocket-handkerchief, in which were some towels and a table-cloth—I think that table-cloth was not marked, but we found that some one had marked it in the name of "S. Axtell"—we examined the desk more minutely, and concealed between some steel pens, in a box, we found a pearl pin, which I can identify—I had that pin on my person the morning before—I had a deal-box in my chambers which I send every fortnight to Richmond with my linen to be washed—it was in the chambers when I left on Wednesday morning—that was gone, together with the key, which was hanging up in the corner—I can identify this pin by its being loose.
HENRY WILLIAM KNIGHT . I assist my father in the law, at No. 10, Clifford's Inn; I know the prisoner John, by now and then meeting him in Inn—I have seen George with him. On the 4th of Sept. George came to me, about half-past twelve o'clock, and said his brother asked me whether I would mind a box—I asked him how large it was—he showed me the size—I said, "Very well, I will"—about five minutes afterwards John came up to me, and asked me the same question—I consented to mind it—he said he would give me 6d.—George brought the box about half-past two, with a young man, who I supposed to be a porter, and he gave the man some halfpence, but I do not recollect how much—the box was left with me—I saw no more of John till seven in the evening, when he was outside the window—I went out to him, and asked if he was ready to take the box—he said, "No," he would rather I should keep it till the morning, but he would give me the 6d.—I said, "No, I will have it in the morning"—he said, "You had better take it now," he threw down a shilling, and asked me to get change—he asked me to let him look over the box—he did so, and gave me a shirt, some collars, drawers, a nightcap, and a coloured cotton handkerchief—I thought, he being kind enough to give me these things, I would not take the sixpence, so I gave him the shilling back—he put it into his pocket again—he put a few things into a bundle, and took them away (I saw no more of him till Tuesday, when he was at Guildhall)—I said, "Who gave you those things"—he said he had a cousin at sea, and his aunt made him a present of some of them, and some
were his own dirty things—the policeman came to me on Friday morning about it, and took the box away with him—I gave him all I had—in the hurry of the moment I omitted to give him four collars and a nightcap, which I gave to Mr. Harvey the same day.
John Axtell. Q. What description of bundle did I take from your office? A. There were some light things, but I cannot recollect what they were—you wrapped them up in a silk handkerchief which you took out of the box, at least you asked me for it, as I was putting it into the box—it was a coloured silk handkerchief—I hardly recollect what sort.
MARY GRAHAM . I am in the service of Mr. Barling, of 6, Barnard's Inn, Holborn—I know George Axtell by sight, by being in Mr. Harvey's service, bat not John. On the 4th of Sept., between one and two o'clock in the day I saw the two prisoners pass my window with Mr. Harvey's box—I have three windows in the kitchen—they went through Barnard's Inn, going to Holborn—I am quite sure they are the two boys—John was afterwards brought to me, and I said that was the boy that had hold of the box.
WILLIAM SICKLE (City police-constable, No. 290.) On the 5th of Sept. I went to Rose's-buildings, and took George into custody—the same afternoon I took John at his mother's lodging, in Rose's-buildings—I took him to Barbard's Inn, and showed him to Mary Graham, who recognised him immediately, as one of the boys that carried the box past her window—he said he had not been in the Inn at all, that she was telling a lie, and he should make her swear to what she said—I then went with him to his master's chambers, in Clifford's Inn—I there asked for his desk—his master showed it in his presence—I examined a box in that desk, and found this pearl pin, also a silk handkerchief, seven towels, and a table-cloth, tied up in the same place—I produce them—next day I went to Knight, at No. 10, Clifford's Inn, and got this box from him, which I produce.
MR. HARVEY re-examined. These towels are mine, and were taken from my premises on the Wednesday—this silk handkerchief is not marked—I had one of that description—the towels are marked with my name—this is a half handkerchief, and exactly tallies with the other half which, I have on—the coats and other things in the box I know to be mine.
John Axtell. Q. Have you got all your things back again? A. I believe so—I am not certain, because I have no account of the whole—I have not missed any silk handkerchief to my knowledge—I think there are some collars missing, a few towels, and I think a pair of light trowsers, but I am not certain—I can swear these are my things—I value them at 30l.;, but I could not restore them for 60l.;
(The prisoner received a good character.)
J. AXTELL— GUILTY . Aged 16.
G. AXTELL— GUILTY. Aged 14. Recommended to mercy. — Confined Fourteen Days, solitary.
Before Mr. Justice Wightman.
MR. DOANE conducted the Prosecution.
WILLIAM WATTS . I am a farmer's labourer, at Tottenham-cross. I knew the deceased, James Brooks, for about two years—he appeared about forty-five years of age—he drove a team for Mr. Smith, of Edmonton—last Saturday fortnight I was going to Covent-garden market with my master's cart, drawn
by two horses—the deceased had his master's cart, also drawn by two horses—we started from Tottenham about twelve o'clock at night—the prisoner drives for Mr. Thompson, of the same place—he accompanied us—he was also driving his cart—we stopped first at Stamford-hill, about a quarter to one o'clock—the deceased came up to the same place, and had some coffee with us—we left a little before him—at last we got to Great Queen-street, Lincoln's-inn-fields, on our way to the market—I was then first, the prisoner second, and the deceased last—we were all going to the same salesman—Great Queen-street is a widish street—we were on the near side of the road within about three feet of the curb—that was about three o'clock in the morning—the deceased was going by rather faster than he ought to have done, with a view to pass the prisoner's cart, and get before him—there was no other cart or horse near that I know of—the prisoner spoke to his horses, and they flew off—that was at the time the deceased was endeavouring to pass him—the wheels came in track of one another—I do not know that there was a collision between the two carts—they were very close together, but it was so dark—I do not know whether the prisoner said "Gee" to his horses, or what it was exactly—it was to make them go on certainly—I could not tell whether that would have enabled him to get clear of the deceased's cart—they started off not at a very fast rate, walking by—the other came rather furiously, and the prisoner's horses started off also—I heard Brooks halloa, and make a noise—I stopped my own horses, and ran after his—he had got I should think a hundred yards before I could stop his horses—they were going most rapidly—I did not see the accident happen—we were all very comfortable together, and not an angry word had passed between us—I did not go to Brooks when I heard him make a noise—I stopped to mind the horses while the prisoner went back—I knew he had been run over, but I did not see it—we were all sober—we had had nothing but coffee to drink—the deceased's cart was heavily laden with cabbages and potatoes.
Cross-examined by MR. CLARKSON. Q. What sort of light was there? A. The lamps were alight—I cannot say whether it was starlight or moonlight—it was so dark that I could not see between the two carts—if the deceased had not whipped his horses to come on before, I dare say no accident would have happened—we were all going steadily enough along Queen-street—the deceased's horses first passed the prisoner and then me before I heard what was the matter—I did not hear the deceased speak to or whip his horses—t ey ran by me at full trot—I did not observe any carelessness or negligence on the part of the prisoner—on the deceased attempting to pass him the prisoner spoke to his horses—he did not flog them or touch them—there was nothing in his conduct amounting to misconduct or fault—he has worked for Mr. Thompson four or five years, and is a very sober, steady man.
CHARLES JENKINS (police-constable F 150.) I was in Great Queen-street on this morning, and saw the three carts going along Queen-street on their proper side of the way at the usual pace of market carts—I observed the man driving the latter cart turn off to try to pass the two first carts—as soon as his first horses got opposite the second man's cart, he put his horses over to the off side to stop him from going past, and the man driving the latter cart was driven against the off curb-stone with his cart—he himself was on the near side—the wheel of the cart went against the curb-stone—the middle cart was within about half a yard—the deceased then called out to the other man to keep off, or he would crush him—to the best of my knowledge he used those words—I then called out—he still kept inclining to the off side—the deceased was between the two carts at that time—directly after I called out the carts jumbled together—I ran up, and found the cart had passed over the
deceased—he was between the two carts—I picked him up, and took him to King's College Hospital—the street there is very wide—there was room for all the carts to have gone abreast—the prisoner gave his name, told me where he lived, and who he worked for.
Cross-examined. Q. And you found that statement to be true, I dare say? A. Yes—the moon was nearly at full, and there was gaslight—I heard the deceased say, "Keep off"—they were either those words or words to that effect—it was "Keep off" or "Ease off"—at that very time the deceased was endeavouring to pass by the other man—the prisoner had hold of his horse's head at that time—the deceased was not behind the wheel, he had bold of his horse's head—when the horses came together the deceased gave back towards the hind part of the cart—he was obliged to leave his horse's head, because when his cart was as near to the curb-stone as it could get, and the other coming close to it, he would have been squeezed by the shaft end—he would not have been perfectly safe if he had stayed at the horse's head"—one of Brooks's horses got against the lamp-post—the whole of it arose from endeavouring to pass by his companion—I think his horses went at a smart walk—I cannot say it was trotting, I believe it was not, while he was at the horse's head—they appeared to get their mettle up after they had got fast against the curb-stone—when the cart wheel got against the curb-stone the horses would find themselves locked fast, and would turn the other way—the wheel of the cart got to the curb-stone—it could not rise, and it snipped the curb-stone—the off wheel came against the curb-stone—the prisoner was at his horse's head at the time the off wheel of his cart was near to or touching the wheel of the deceased's cart—he did not remove till after the accident—I did not hear him say anything to any one before the accident, but he went up to his horse's head the moment the deceased sprung his horses to pass by—he tried to pass the first cart—the prisoner then put his horses to the off side, speaking to them, and putting them off—he said, "Gee "—I have not heard what Watts has said—I cannot say whether the prisoner whipped his horses or not—in the excitement of the moment I could not say whether he did or not.
MR. DOANE. Q. Did the wheel of the deceased's cart go on the foot pavement? A. No, but it got against it, and snipped the curb-stone—the first horse of his cart got his feet on the pavement, and then turned off when he got against the lamp-post.
EVAN THOMAS . I am house-surgeon at King's College Hospital. The deceased was brought there by the policeman early on the morning in question—he seemed to be suffering from the effect of a compound fracture of the left thigh extending to the knee joint—the pelvis was fractured in seferal places—t ose injuries would be accounted for by his being jammed between the wheels of the two carts—he died at half-past six o'clock the same evening—he died in consequence of the injuries.
NOT GUILTY .
Before Mr. Justice Cresswell.
2236. WILLIAM SMITH was indicted for stealing, on the 24th of Aug., at St. Pancras, 1 cloak, value 1l.; 2 gowns, 4s.; 3 shifts, 3s.; 2 sheets, 3s.; 1 pair of boots, 3s.; 1 pot of bear's-grease, 6d.; 1 brooch, 1s.; 3 handkerchiefs, 1s.; 1 collar, 1s.; 1 brush, 6d.; 2 pairs of gloves, 6d.; 2 napkins, 2s.; 2 petticoats, 2s.; 3 stockings, 1s.; and 3 gowns, 15s.; the goods of Catherine Grimes; and afterwards burglariously breaking out of the said dwelling-house; to which he pleaded
GUILTY . Aged 23.— Confined Ten Days.
2237. WILLIAM SMITH was again indicted for stealing 1 pair of trowsers, value 1l.; 10s.; 1 veil, 1l.; 1 scarf, 10s.; 2 pairs of boots, 10s.; 1 apron, 2s.; 1 brush, 1s.; and 1 brooch, 1s.; the goods of Alexander Peat
ANN PEAT . I am the wife of Alexander Peat, and live in Heddon-court, Regent-street—we let lodgings. On the 19th of Aug. the prisoner came and took a room for himself and another person, for a week, to sleep in, at 6s. a week—he slept there on the 19th—we got up a little before seven o'clock next morning, and he was gone—I never saw him again till he was in custody—he was alone that night—he said the other young person was to come the night following—I examined the room in the morning, and missed the property stated.
Prisoner. She went out about ten o'clock at night, and, I think, about four she came in with her husband. Witness. The prisoner came and took the lodging between seven and eight o'clock—he went out, and said he would return and give me a decided answer—when he returned, my husband had gone to a society meeting, and I had no one to ask whether I should let him in; so, after he was gone to bed, I went out, after locking the doors, and told my husband what I had done—we returned about twelve.
FRANCIS MORRIS (police-constable E 78.) I apprehended the prisoner on Sunday morning, the 25th of Aug.—I found on him these four handkerchiefs—this one was on his neck—the other three were in two bundles that he was carrying at the time.
MRS. PEAT re-examined. I know these handkerchiefs to be my husband's property—I missed them on the morning of the 20th of Aug.—I had seen them the afternoon previous—there is no private mark, but they have been long in use.
Prisoner's Defence. The handkerchief that was taken off my neck I have had nearly two years; this is the first time I have ever been guilty of anything of the kind, and I am innocent of this charge; when I got up in the morning the room door was half open; it was not locked.
GUILTY . Aged 23.— Transported for Seven Years.
Before Mr. Justice Wightman.
MR. O'BRIEN conducted the Prosecution.
JAMES O'FLAHERTY I am a tailor, and live in Dolphin-place, Holborn. On the 17th of Aug. the prisoner and Jane Forfy came to my room, which is on the first floor—the prisoner struck her, because she would not go home with him when he desired her—I told him he ought to be ashamed to ill-use her in that manner—he then struck me in the mouth, and knocked me down—I had given him no provocation—I got up, took him by the collar of his coat, and wanted to put him out of doors—I half opened it—he put his foot to the door, closed it, and turned into the room again—he dropped on the floor, and picked up a pair of button-hole scissors—in wanting to get away from me he fell on the floor—I did not knock him down—he ran at me with the scissors, and stabbed me on the forehead, breast, arm, and groin—I still insisted on getting him out—I got him to the door several times, but could not get him out—he had the scissors in his hand all the time—I wrenched them out of his hands—he then fell on the floor, and picked up the large pair of shears, and stabbed me with them in the back, in two or three places, and on the left side—having so many stabs, and the blood pouring from the wounds, I was
so exhausted that I fell on the floor quite senseless—I had been drinking with the prisoner previously—I had had a drink out of a pot of beer, and there was a quartern of rum came in, which was divided between the prisoner, Forfy, and myself—that was all—I went to King's College Hospital on the Sunday, and was there eight or ten days.
Cross-examined by MR. PRENDERGAST. Q. You were quite drunk, I believe? A. No, quite sober—he fell down the second time with intent to pick up the shears—he was not drunk—he could have stooped, but he knew I was looking at him, and fell down for fear I should see him pick them up—I could see him fall down for the purpose—I heard that he applied to the police against me—the policeman did not come into the room to apprehend me—I was lying for dead—Jane Forfy was with us—I am quite sure that the prisoner struck her—there was no quarrel between him and me about a boy named White—White formerly worked for me—he was taken away from me—I do not know what became of him—I am told he worked with the prisoner—not a word passed between us about White—Forfy did not help me—s e did nothing—my wife did not ask them to stop—I do not know what Forfy called on me for—she did not come to get any money of me—I never borrowed any of her—I never borrowed 8l.; 17s. 6d. of her—she had it not to give—I swear I borrowed no money whatever of her.
JOSEPH FRYER (police-constable F 137.) On Saturday night, the 17th of Aug., about a quarter to twelve o'clock, I saw the prisoner come out of Dolphin-place, saying, "Oh, dear! oh, dear! what shall I do?"—I said, "What is the matter?"—he said, "Oh, dear! a man has been knocking me about"—his hands were covered with blood—I asked him to show me where the man was that had been knocking him about—he went into Dolphin-place—directly he got in sight of No. 2, he pointed up his finger, and said, "That is where the man is that has been knocking me about"—he directly turned round, and said, "Oh, dear! oh, dear! what shall I do? I must go home in a cab "—about ten minutes after he was gone away in a cab, I went down my beat, went into Dolphin-place, and heard loud cries, "The man is stabbed"—I went into No. 2, and saw the prosecutor lying in his own blood—he was quite insensible—a surgeon was there at the time, and three or four women—the room appeared all overflowing with blood, a yard or more each side of him.
Cross-examined. Q. The prisoner appeared very ill, did he not? A. Yes, and to have suffered very much—he was in a very weak state—I saw a small hurt on his thumb, and a little place swollen on his forehead—he gave his address to the cab man, in my presence, "No. 8, Amelia-place, Houndsditch"—I found him there.
EVAN THOMAS . I am house-surgeon, at King's College Hospital. On Sunday morning, the 18th of Aug., I saw the prosecutor—he was very low and exhausted—he had a wound on the right side, a little below the right shoulder-bone, communicating with the cavity of the chest, besides several other wounds about the body, one on the groin, one on the loins, one on the left fore-arm, and one on the left side of the chest, in front—I think they might all have been inflicted by scissors—the one in the chest was very dangerous—it communicated with the cavity of the chest—he was under my care till the 4th of Sept.—seventeen days altogether—it was twelve or fourteen days before I could safely pronounce him out of dauger.
Cross-examined. Q. The wounds, I suppose, were given in various directions? A. Yes.
eleven, I was at the prosecutor's house, and saw the prisoner and prosecutor together—they did not appear at all the worse for liquor at that time—they appeared on very friendly terms—when I first entered the room, Mr. O'Flaherty said to me, "This is a new-married couple"—I said, "Indeed, I wish them much happiness"—I went to the house again about twelve—I found the floor covered with blood in all directions, and the prosecutor in the small bed-room—a surgeon was there.
Witness for the Defence.
JANE FORFY . I have not just been married—I came to Mr. O'Flaherty's house on the 17th of Aug., about half-past eight o'clock at night, for 1l.; 17s. that he owed me, a balance of 8l.; 17s. that I lent him last April twelve months—we remained some time together, and had something to drink—his wife was there—she went out to go home with a job of work that the tailor had called about—the prisoner was waiting for me outside—he had accompanied me to the place—he did not come in till he was asked—the prosecutor's wife fetched him in—Mrs. Flaherty afterwards went out, and left me, and the prisoner, and Flaherty there—when the prisoner came in, Flaherty introduced him, and made him sit down—Mr. Flaherty, the prisoner, and I, were all in the room—the quarrel originated with the prosecutor—he said he did not send for him, he should not come into the place without being brought there, for he did not like him—he said he did not come into his place without being sent for—"I did not come to quarrel with you"—he said, "I don't like you, because you deprived me of the only comfort I have"—he said, "What comfort is that?"—he said the lad that worked for him—he said he did not deprive him of him without the sanction of his friends—he said, "You did"—he said, "No, I did not"—he said, "I don't like you, walk out of my place"—the prisoner jumped up directly, and asked for his coat, which was on a chair—the prosecutor's wife stopped his hat and umbrella, and would not give it to him—the prosecutor had said in the forepart of the evening, that he would accompany us part of the way home—the prosecutor jumped up off the floor where he was at work, took up a pair of shears, and directly struck the prisoner over the eye-brow, and knocked him to the floor—the prisoner directly got up and struck the prosecutor in the mouth—then the prosecutor rushed at him again, and they both fell to the ground—the prosecutor kneeled on his stomach—the prisoner called out to him for mercy—I called, "Murder" out of the window—they wrestled up and down the floor—he kept calling out to me for assistance—I would not go to them—they removed towards the table, and knocked the candle out—the prosecutor fell on the ground, and the prisoner got out, and flew down the court, and the people came in—I sat still on the chair till the policeman came in and asked who was in the room—I said nobody was in the room that saw the transaction, except me—the prisoner scrambled towards the door, and got out first—the prisoner and prosecutor were drunk—they drank two half-pints of rum and two pots of half-and-half in my presence—the prisoner and him drank one pot of half-and-half and half a quartern of rum—Mrs. Flaherty and I drank part of another pot of half-and-half and part of half a quartern of rum—Mrs. Flaherty and I went out for our work, and when I came back the prisoner was finishing part of a song—the prisoner never struck me at all—he accompanied me up there—I was out the whole time they were doing the work until I came in, when they were arguing about the boy—it is not true that Flaherty told him not to strike me—he never offended or said an angry work to me—nothing of the sort occurred.
MR. O'BRIEN. Q. The prisoner never said an angry word to you the
whole night? A. No—he accompanied me to the house—the prosecutor said he did not want to see the prisoner—the prisoner had been keeping company with me—I am not married—the prisoner did nothing at all till he was levelled to the earth, by a blow over the temple with a pair of shears—he was in such danger that he called, "Mercy," and I called, "Murder"—no one came to the window when I called "Murder"—they could not—a great number of people at the bottom of the court came directly as far as the bottom of the door—the prisoner got away when the prosecutor fell down—I did not any scissors—I will not take upon myself to swear there were none—I saw no scissors on the ground—he took the shears off the ground.
MR. PRENDERGAST Q. Where had you seen the scissors before? A. On the floor where he was at work—I saw nothing of them after the first beginning of it, when I came into the room—he was at work before the prisoner came in.
COURT. Q. Did you see any blood? A. There was blood on both of them—I do not know where it came from—I was in the dark—I saw it when the candle was lit, not before—the prisoner's hands were bleeding, and the prosecutor was bleeding when I was in the room—I cannot say where—I helped him from the floor to where the bed was—he bled a good deal.
(The prisoner received a good character.)
GUILTY. of an Assault. Aged 22.— Confined Seven Months.
Fourth Jury, before Mr. Common Sergeant.
GUILTY . Aged 27.— Confined Three Months.
2240. FREDERICK ODDY was indicted for stealing 1 time-piece, value 20s., the goods of Ann Dirs: also, 1 watch, value 20s., the goods of Henry Lewiston: also, 1 half-sovereign, 2 half-crowns, 1 shilling, and 1 groat, the monies of Patrick O'Donohue: to all which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Three Months.
2242. PETER COLWELL, alias Johnson, alias Brown , was indicted for stealing 1 watch, value 2l.;, the goods of William Ballantyne: also, 1 watch, value 3l.; 10s., the goods of John James Harris: also, 2 watches, value 8l.;, the goods of Philip Kelly: also, 1 watch, value 3l.; 10s., the goods of Daniel Corker; and that he had been before convicted of felony: to all of which he pleaded
GUILTY . Aged 19.— Transported for Ten Years
M'CARTHY pleaded GUILTY . Aged 22.— Confined Six Months.
ROBERT TAYLOR . I am a commercial traveller. About nine o'clock on the evening of the 23rd of Aug. I was in Aldgate—I felt a slight twitch, and on turning round saw M'Carthy with my handkerchief in his hand—he was going across the street—I followed and laid hold of him—he threw the handkerchief
down—Fitzgerald picked it up—a person seized her, and took it from her—it was shown to me—I am quite sure it was mine.
EDWARD BURGESS (police-constable H 198.) I was in Aldgate about nine o'clock on Friday night, the 23rd—I saw Savage following the prosecutor round the corner of Mr. Moses's new buildings—he went up on tiptoe, got hold of his pocket, went back, and joined M'Carthy and Fitzgerald—I saw him speak to them, but did not hear him—they all three then went on, I suppose three or four yards—M'Carthy then rose the tail of his right-hand pocket up, and took the handkerchief out—I cannot say with which hand he rose it up—the gentleman turned round, and they had a scuffle—I crossed over—he threw the handkerchief down—Fitzgerald picked it up, and clapped it between her legs—I took it from her—Savage immediately ran away—I am sure I saw him go up and feel the gentleman's pocket with one of his hands—it was the same pocket—I had seen the three prisoners together before.
Cross-examined by MR. ROBINSON. Q. It was a dark night? A. Not very—there was plenty of gas-light—it was a very crowded place—I was standing ten or twelve yards off, on the opposite side of the way—there is no hoarding up at that part—there is a scaffold up, and a barrier, which makes the pavement rather narrow—I have before mentioned that I saw Savage speak to the others—I could see them join in company, and have conversation, before the pocket was picked—I should say five or six minutes elapsed between Savage feeling the pocket and the handkerchief being taken—the prosecutor was walking on when his pocket was picked—when I first saw them I was standing at the corner of Aldgate church—the prosecutor was on or a little below the barriers—when his pocket was picked he was a little below the new buildings—part of the new buildings is immediately opposite Aldgate church—I will not be quite positive as to its being five or six minutes—it might have been that time—there was a crowd of people—the gentleman kept walking on.
Fitzgerald's Defence. On the night this occurred I was with some friends coming down to the City; we happened to stand; a mob created; the policeman told me to pick up the handkerchief and give it to him, which I did.
EDWARD BURGESS re-examined. I did not tell her to pick it up, or say a word to her about it—I took it from between her legs, the prosecutor saw me do so—it was muffled in along with her apron, not under her clothes.
SAVAGE*— GUILTY . Aged 19.
FITZGERALD— GUILTY . Aged 19.
Confined six Months.
OLD COURT.—Thursday, September 9th, 1844.
2244. GEORGE HEY was charged on eight indictments with embezzling and stealing the sums of 6l.; 12s.; 17l.; 13s. 10d.; 36l.; 9s. 3d.; 5l.; 1s.; 22l.; 2s. 9d.; 17l.; 11s. 7d.; 75l.; 3s.; and 23l.; 8s. 5d., which he had received on account of John Melville, his master; to which he pleaded
GUILTY .* Aged 21.— Transported for Ten Years.
trowsers and a smock-frock—they were put up in a piece of brown paper by Mr. Lazarus—the prisoner has been working in a brick-field where I was employed—after I bought the things I fell in with the prisoner, and had some beer with him—I took the things with me to the public-house—I got very tipsy, and do not know what happened—I was taken to the station—when I came to I missed my parcel—I was in company with the prisoner when I got tipsy—these are the things—they are mine.
Prisoner. Q. Were you not tipsy before you met me? A. No; I got tipsy afterwards, but I knew what I was about.
RICHARD ROADNIGHT (police-sergeant T 11.) Between ten and eleven o'clock on the Friday night in question, I found the prosecutor at Hillingdonend, lying on the path quite drunk—I roused him up—he complained of losing some things which he had bought—I started him on the right way for his home—I afterwards found him again about one o'clock in the morning, and took him to the station—he could not take care of himself—next morning I made some inquiries about the things he had lost, and found them in pawn at Mr. Davis's—in consequence of information I went after the prisoner, and apprehended him the same night coming from Uxbridge-moor—I told him I took him into custody for the things he had pawned at Mr. Davis's—he said he had not been to Mr. Davis's, and knew nothing about it.
RICHARD DAVIS . I am a pawnbroker, and live at Uxbridge. On Saturday morning, between eight and nine o'clock, the prisoner came to my house, and pawned these things—I did not know him before, but am sure he is the person.
Prisoner's Defence. I met him at the corner of the market-place; we went to have a pint of beer; he paid for one pint, I for another, and we had half a pint of gin; he asked me to go home with him; he gave me the things, and said he would not carry them any further; he full down, and would not go any further; I went away, and saw no more of him.
GUILTY . Aged 20.— Confined Three Months.
Before Mr. Justice Wightman.
NOT GUILTY .
Before Mr. Justice Cresswell.
2247. JOHN MITCHELL was indicted for feloniously assaulting Mary Ann Murray, striking her on the head, and kicking her in various parts of her body, with intent to murder her.—2nd COUNT, stating it to be with intent to do her some grievous bodily harm.
MR. DOANE conducted the Prosecution.
MARY ANN MURRAY . I have been living with the prisoner as his wife for the last six months—I am not married to him—I live at No. 5, Brown Bearalley, East Smithfield, and keep the house—it is a house of ill fame. Last Wednesday week he came home in the evening—he said no more than asking if I had done tea—I made him no answer—he then upset the tea table, and struck me with his closed hand on the forehead more than once—they were hard blows—he pulled me off the sofa on the ground, then kicked me on the side, and on the breast—I do not think he did anything else to me while I was down—I do not know whether he jumped on me—I was senseless, and when I came to myself he was not there—he hit me very hard—while he was doing this he used very bad expressions, not fit to
mention, calling me ugly names, but nothing more that I know of—I did not hear him say anything about my life, or say what he would do to me—I sent for a policeman—I cried out before I became senseless, and sent my servant for a policeman in his hearing, and he said he would leave me so that I could not tell a policeman from anybody else—he went to the door, then came back and hit me with his hand more than once—he went to the door more than once, and on each occasion returned and beat me—the policeman came, but he was then gone—he returned to the house at half-past nine o'clock, and I then left the house directly—nothing passed—I saw him again at half-past eleven as he was going into my house—I sent for a policeman, and gave him in charge—I found myself very ill soon after, and took to my bed, and was in bed ten days—I am now getting better, but am still in a weak state—the prisoner and I had had a few words a week before, but I had not spoken to him for a week till this time—we had separate apartments during that time—w neither ate nor slept together for a week.
GRACE RUMMER . I am the prosecutrix's servant. On the night of the 4th of Aug. the prisoner came home—I heard him ask mistress whether she had done her tea—he then upset the tea tray over her, and began to ill use her with his fist, hitting her over the temple and face—she was sitting on the sofa at the time, and by his ill using her she fell down—he still kept hitting her with his fist, and kicking her body, about her side—when he began kicking her she told me to go for a policeman—I did not hear him say anything more than "I will kill you"—that was while he was ill using her—I returned without a policeman, and found the prisoner still there—I had been gone ten minutes or a quarter of an hour—he was still kicking and beating her—I went out again, but returned without a policeman, and found mistress sitting alone—the prisoner was then leaving the house—mistress was in a very bad state—about an hour after that the prisoner came in whistling—he said nothing—I suppose he was half an hour ill treating her.
WILLIAM BROWN . I am a surgeon, and live in East Smithfield. I was sent for to attend Murray about seven o'clock on the evening of the 5th of Aug.—I found her in a state of insensibility, arising from the ill usage the had received—I could not make anything of her for some time—I could not get her to answer a question till she was copiously bled—she then began to recover—I applied leeches, and put a plaster on—she was in one mass of contusions all over her head and body and the extremities, as if she had been very severely beaten, and her head and chest jumped on—evidently on her chest—there was a small superficial wound on her temple—I rather think that was done with a blunt instrument, either by her falling, or the heel of a shoe—it was through the skin—I found no other wound—there was an excoriation on the other side—I should not call it a wound—her breast bone was very much swollen, for two days it was very difficult to say whether it was fractured or not—her side was very much bruised, evidently by kicking, and from the appearance, a severe kicking.
Q. Were there such injuries as in your judgment endangered her life? A. I think so, certainly—she continued in a dangerous state for seven days, and has not recovered yet—mischief might ensue yet, from the internal bruises she has received—internal mischief might ensue—the lungs might, probably, become affected—the wound on the temple was of the smallest consequence—I is quite well now.
JOHN BURKE . I am a policeman. On the 4th of Sept., about eleven or twelve o'clock, Murray gave the prisoner into my custody—her face was cut, and her hands very much swollen—there was a small cut over her eye—it
was not bleeding at the time—it was red—I asked the prisoner, "Did you strike her?"—he said, "No."
Prisoner. I am very sorry for it; I was intoxicated at the time.
GUILTY. on the Second Count. Aged 24.— Transported for Fifteen Years.
Before Mr. Justice Wightman.
MR. BRIERLY conducted the Prosecution
THOMAS REGINALD KEMP . I am a banker and bill-broker. Last Monday evening, about half-past four o'clock, I was in St. Paul's-churchyard—I was just moving away from a window, and saw a young man before me—he gave a sort of side glance—I looked behind me, and saw another young man—he gave a sort of significant wink—I put my hand to my pocket, and found my purse gone—the moment I did that the prisoner ran away, and I after him—I did not then know what my purse contained—I do now—I said it was from 14l.; to 15l.;, when asked by the sergeant—I saw the prisoner taken, without losing sight of him, and saw the purse in his hand at the station.
GEORGE FOSTER (City police-constable, No, 425.) On Monday afternoon I saw the prisoner running from St. Paul's-churchyard, followed by the prosecutor—I saw the prisoner stopped by a porter—he was scuffling with him—I seized him by the two arms behind—at the same time he put one of his hands into his pocket—I drew it out, and held it till I got him to the station—I then let go of him, and saw him fumbling in his hand—I took from it this purse, containing fourteen sovereigns, one half-sovereign, two half-crowns, and one shilling.
MR. KEMP re-examined. This is my purse.
(The prisoner received a good character.)
GUILTY. Aged 22.—Recommended to mercy. — Confined Six Months.
First Jury, before Mr. Recorder.
2249. GEORGE CARTER was indicted for stealing, on the 9th of Sept., at St. Pancras, 2 gowns, value 30s.; 1 shawl, 5s.; 3 pairs of stockings, 3s.; 1 pair of garters, 6d.; 1 cage, 6d.; 2 printed books, 6s.; 1 watch, 2l.; 2 brooches, 10s.; 4 rings, 1l.; 2 pairs of ear-rings, 10s.; 1 pair of bracelets, 5s.; 1 pencil-case, 6d.; the top of a pepper-castor, 1s.; 2 candlesticks, 5s.; 1 knife, 1s.; 5 spoons, 5s.; 1 fork, 1s.; 1 pair of sugar-tongs, 1s.; 1 pair of scissors, 1s.; the goods of Mary Smith; in the dwelling-house of James Smith.
ELIZABETH KEOUGH . I am sent to Mr. Bourne, of Jeffries-terrace, Kentish-town—between eight and nine o'clock in the evening of the 9th of Sept., a person knocked at the door—I went into the garden at the back of the house, and mistress went to the front door—hearing her make an exclamation, I ran to the front door, and found the prisoner in the front garden—I think he attempted to get over the rails—I caught hold of him, and a man came and took him from me—he had a bundle under his arm when I took hold of him—the house is in the parish of St. Pancras—Mr. James Smith's house is two doors from ours.
JOHN BARNES . I am pot-boy at the Nag's Head, Kentish-town. On the evening of the 9th of Sept. I went to No. 11, Jeffries-terrace, with some beer—I saw a policeman and two gentlemen go down the area of No. 9, which was empty—I stopped at the door of No. 11, and saw the door of No. 9 open—t e prisoner came out with a bundle—he jumped over into the fore court
of No. 10, the next house, and I saw Keough catch hold of him—I went to her assistance, and held him till the policeman came up—the prisoner said nothing, but, "It is all right."
THOMAS LAKE (police-constable S 50.) On the 9th of Sept. I went to the area of No. 9, Jeffries-terrace, and noticed foot-marks on the ledge of the window—I entered that way, and while I was examining the bottom of the house I heard the street-door slam—I went up the area, and found the prisoner in the garden of No. 10—I took a bundle from him—he said he should not make any resistance, that he was a good deal hurt, and wished to go to a doctor—I found this watch and jewellery in his coat pocket—the property was claimed at No. 12, the house of James Smith, which is in the parish of St. Pancras—we got him a doctor—he had injured himself, in getting over the iron railing from No. 9 to No. 10—I have some candlesticks, brooches, rings, silver articles, pencil-case, a fork, a watch, a hat, the top of a pepper-box, a pair of scissors, a screw-driver, matches, a candle, and some wearing apparel.
Prisoner. Q. Did you hear the door slam? A. Yes, you shut it as you went out—I took the bundle from you.
Prisoner to ELIZABETH KEOUGH. Q. Did the policeman take the bundle from me, or was it on the ground? A. I do not know.
JAMES SMITH . I live at No. 12, Jeffries-terrace—my sister Mary is single, and occupies two rooms in the house—a person can get from the parapet of No. 9 to the upper window of my house—I know this ring is my sister's—it is a family ring, and was made for my father—this plated knife is hers, and the watch—the wearing apparel I believe to be hers—I have no doubt of it, and these candlesticks—I was alarmed when the prisoner was taken—I went up to my sister's room by desire of the police, and I found it in confusion—I know many of these articles to be hers—she is not in a right state to attend here—my house is in the parish of St. Pancras.
MARTHA ROGERS . I am house-maid to Mr. Smith—Miss Mary Smith lives in the house—I attend. to her—I know several of these articles to be hers—they were kept in the rooms in the upper part of the house—I believe all the articles produced to be hers.
Prisoner's Defence. I am not guilty of the robbery, I was not there two minutes; I had not sufficient time. The policeman is satisfied I had not time to commit the robbery; the property was given to me; I was not there five minutes.
MR. SMITH re-examined. The things were safe between eight and nine o'clock—my sister had been out, and had just come in when the alarm was given.
JOHN BARNES re-examined. I came up to the house from ten minutes to a quarter-past eight o'clock—a young woman said there was something the matter—I stopped at the house, and when the policeman had been down four or five minutes, I saw the prisoner run out, and the young woman lay hold of him.
GUILTY . Aged 33.— Transported for Ten Years.
WILLIAM GIBSON . On the 31st of Aug., about twelve o'clock, I was sitting at work in the lower warehouse belonging to Mr. Johnson, in Narrow-street, Ratcliff—my brother, who was also employed on the premises, came down stairs, and asked me something; in consequence of which, I went immediately to see if the prisoner was outside—he was nut—I then went up
stairs, and missed some lead from where I had placed it on the parapet—the prisoner had been at work there for about a day and a half—he is a plumber, and was working under me—this lead was going to be used—I carried part of it up myself—I watched for the prisoner—I could not find him, and about two o'clock I got a policeman, and gave him in charge—he had been to dinner—I saw him there at half-past eleven.
Cross-examined by MR. BALLANTINE. Q. Did you employ the prisoner? A. Mr. Johnson did—I am the foreman—the prisoner told the policeman he was innocent, and said it was a good job he had not a hammer in his hand, or he would have knocked my brother's brains out, for charging him falsely.
MATHEW GIBSON . I am in the employ of Mr. Johnson, at his premises—my brother is the foreman. The prisoner was employed as plumber, to lay the gutters—about ten minutes past twelve o'clock I was on a platform, a little below the roof, on Saturday, the 31st of Aug., and saw the prisoner in an alley which runs between Mr. Johnson's premises and Garner and Co.'s, and heard something very heavy fall from the roof—there is a small gate at the end of the alley, which is no thoroughfare—I looked at the gate and saw the prisoner enter, and pick up two pieces of lead, place one under his left side, and the other under the right side of his jacket, and button it with one button—he went out at the gate, keeping his arms close to his side, to keep the lead up—I went down, and gave information to my brother—I went to look for the prisoner, but he was gone—I had seen him on the roof during the morning—the dinner hour is twelve o'clock.
Cross-examined. Q. Where do you suppose it fell from? how far from the gate? A. It might be a dozen yards—I was on the platform on the water side of the building, twenty, thirty, or forty feet from the ground, not above forty feet from the gate—we had two carpenters, a bricklayer, and plumber—I did not see any of them go away to dinner—I never had any words with the prisoner in my life—I have known him several years living in the neighbourhood—he was only employed on our premises the day before.
COURT. Q. You did not follow, and take him with the property? A. I wished to do so, but he was gone, and the lead also—I noticed that lead was stripped from the roof—there must have been full 20lbs. of it—he came back from dinner, and was secured.
MR. BALLANTINE. Q. Did you miss any lead that particular day? A. Yes, one piece from the roof—the policeman who searched him is not here.
(The prisoner received a good character.)
GUILTY. Aged 26.—Strongly recommended to mercy on account of his character. — Confined Three Months.
2251. EDWARD HATTON was indicted for stealing, at St. John, Hackney, 31 spoons, value 5l.; 22 forks, 4l.; 2 knife-rests, 5s.; and 1 plate-basket, 1s.; the goods of John Stevens, in his dwelling-house.
JAMES MADLE . I live at No. 8, George-street, Limehouse. I was formerly in the service of Mr. Stevens, of Buccleugh-terrace, Hackney-road—I left on Saturday evening, the 7th of Sept.—on the 4th of Sept. I was coming towards my master's house, and saw the prisoner coming up the area, with something under his arm, partly covered with a handkerchief—when I got on the terrace he passed me—I looked back, and saw he had the plate in a basket—I went after him—he threw it down, and ran away—I ran after him, gave an alarm, and he was stopped by Gibbs, without my losing sight of him—I took him back to master's—he said a lad gave him 1s. to take the plate to an omnibus.
Cross-examined by MR. ATKINSON. Q. Did you observe anybody with
him? A. There was one person about a rod from him—I heard them speak together, but cannot say what they said.
ROBERT GIBBS . I live at No. 1, Hill-street, Upper Clapton, and am a gardener. I was crossing Hill-street, and heard a cry of "Stop thief—I saw the prisoner running, followed by Madle—I stopped him, and handed him over to Madle.
CHARLES PRETTY (police-constable N 189.) I took possession of the prisoner and plate—he said a gentleman had given him 1s. to carry it to an omnibus—on his way to the station, he asked me if I thought he should be transported—I said the less he said to me the better.
JAMES MADLE re-examined. I know this plate to be Mr. Stevens'—I cleaned it every day—I was going towards the house, and was within two or three rods of it, when he passed me—he was about a rod from the area—he did not seem to take notice of me till I turned back.
(The prisoner received a good character.)
GUILTY .* Aged 17.— Confined Nine Months.
2252. EMILY BLOCKWELL was indicted for stealing 1 bag, value 6d., 1 purse, 6d.; 75 sovereigns, and 56 half-sovereigns; the property of William Cunningham, in the dwelling-house of Samuel Glover Fairbrother.
MARGARET CUNNINGHAM I am the wife of William Cunningham, who is captain of a steam-packet—we lodge in the house of Samuel Glover Fairbrother, at No. 31, Bow-street, and have the upper apartments—the prisoner was Mrs. Fairbrother's servant. I had 103l.; in sovereigns and halfsovereigns, which I kept at the back of a drawer in the sitting-room in a beaded purse, which was in a velvet bag—I did not keep the drawer locked—there was no lock to it—I saw it all safe within a fortnight of losing it—on the 13th of Sept., at a quarter to nine o'clock, on going to my drawer I missed the bag, purse, and money—I told the prisoner of my loss—she said she was very sorry for it—I sent for a policeman—I asked her if she had bought any clothes, or spent any money—she gave me some information, then went down stairs, and brought up a dirty cotton bag soiled as if it had fallen into the privy—she said, "See what I have found in the water-closet"—the policeman took it out of her hand—she said there was money in it—it contained 100l.; 10s. in sovereigns and half-sovereigns, all my money but 2l.; 10s.—it was not my bag I found, it was Mrs. Fairbrother's bag—the policeman searched the water-closet, and found my beaded purse covered over with a half handkerchief—it is a pan water-closet—the handkerchief did not belong to me—the prisoner was in my room at times, and I trusted her with the key of it—Mr. or Mrs. Fairbrother might have gone to my room, but nobody else except the prisoner—nobody had suggested that it might be thrown down the privy—I had said all I could for her to endeavour to try and find the purse, and offered 20l.; if it was found—I did not discover that she had been spending much money—there were several new things in her box, but not of any value—Mrs. Fairbrother is not here—I asked the prisoner if she had these things given to her, or had bought them—she said she gave 3s. 6d. for them a few days before, that her father had bought them for her, and afterwards that he gave her part of the money.
WILLIAM POCOCK (policeman.) I spoke to the prisoner about a pair of stays and other articles found in her box—she said she bought the stays in Cross-court, Drury-lane, for 3s. 6d., and paid for them in silver—she afterwards returned to the room, and produced a dirty bag with the money, and said, "I think it is money"—I asked why she thought so—she said because she had seen some—she did not say that on opening it she found money, in it—I
cleaned the bag, opened it, and found seventy-three sovereigns and fifty-five half-sovereigns folded in two pieces of paper—I went to the water-closet, and found this shawl and the bead purse—I have not found who the shawl belonged to—there are several people in the house—I found several people in the room—the purse and shawl could not have been there long, as it was not dirty, only a little wet—if anybody had gone there it must have been dirty—the purse was as clean as it is now—I could not see it when I went to the water-closet, as it is a basin—I had to put my arm through—it was known in the house that the money was missed.
MRS. CUNNINGHAM re-examined. On discovering my loss I spoke to Mrs. Fairbrother, and went to the prisoner two hours after—Mrs. Fairbrother was in my room all that two hours looking about to find it—I told the policeman before he opened the bag that he would find most of them were the Queen's coin—I told the prisoner if I could find it I would give 20l.;, and forgive them if they would only tell me—she never said she had anything to do with it.
ANN REYNOLDS . I am the wife of John Reynolds, of Cross-court, Drury-lane—I keep a stay shop. The prisoner purchased a pair of stays of me—I suppose it was these produced, as they are my manufacture—it was about the 9th or 10th of Sept.—she gave me half-a-sovereign—I gave her 1s. 6d. change—the person was very much like the prisoner—I live not two minutes' walk from the prosecutrix.
MRS. CUNNINGHAM re-examined. Nobody but myself had access to my room during the fortnight—only when I go out I leave the key with Mrs. Fairbrother's servant or with her—it was left in Mrs. Fairbrother's apartment—she is out a good deal in the day—if I went home the girl or Mrs. Fairbrother would give me the key—I was out a good deal myself—I had to take the money down to Mrs. Fairbrother, but I had been at home for a fortnight—I had seen the money within a fortnight—I cannot say on what day—I missed it about a quarter before nine in the morning—nobody had been in my room that morning.
NOT GUILTY .
2253. JONAS LAVER was indicted for stealing 1 sheet, value 2s. 6d.; 1 pillow, 2s. 6d.; and 1 blanket, 5s.; the goods of John Donovan: 1 scrap-book, 18s.; 1 work-box, 20s.; 1 necklace, 20s.; 8 napkins, 10s.; 4 printed books, 8s.; 2 irons, 1s. 6d.; 1 pair of sheets, 7s.; 1 handkerchief, 1s.; and 1 table-cloth, 2s.; the goods of Robert Denton.
SARAH DONOVAN . I am the wife of John Donovan, a carpenter, and live in London-street, Tottenham-court-road. The prisoner lodged with me for sixteen months—a female lived with him, who passed as his wife—I have a cousin named Matilda Denton—she had some things in a chest of drawers in the room, occupied by the prisoner—I went to his room with my cousin, and said we wanted some things out of the drawer—he said we should not look for them—I attempted to get a box of my cousin's from under the bed, and be struck me on the hand—I missed a sheet, pillow, and blanket off the bed, and mentioned it to him—he said he would restore them in an hour—he used further violence, and I sent for a constable and gave him in charge.
Cross-examined by MR. M'MAHON. Q. I believe he had been unwell part of the time he was with you? A. Yes—he was in the habit of receiving a trifle of money from his father—a sovereign now and then—his wife took in needle-work—he has been ill several times, and applied to the hospital for relief, but it is some time since.
the name of "John Brown, No. 7, Grafton-street"—I do not know by whom—I have seen the counterpart of the duplicate in the policeman's possession—I have also a sheet, pawned for 2s., a work-box, for 3s., and a table-cloth for 18d.
HENRY ROBERTSON . I live with Mr. Thompson, a pawnbroker, in Frederick-place, Hampstead-road. I produce a blanket, pawned on the 23rd of March for 3s., in the name of "John Brown, Church-street"—the policeman has the corresponding duplicate.
FRANCIS CLARK MERRY . I live with Mr. Crouch, a pawnbroker, in Grafton-street. I produce a towel and sheet pawned on the 17th of Aug., in the name of Laver—I have seen the duplicate in the policeman's possession—I have five other parcels pawned in the name of "Laver, London-street, Charles-street," and "Henry-street"—I have no recollection of the person—it was a man.
FRANCIS HARDEN (police-constable E 88.) I have forty-one duplicates which I found on the prisoner—I took him to the station—fifteen of them refer to the property of the prosecutrix and her cousin—I have the counter-parts of the duplicates produced by the pawnbrokers.
(Property produced and sworn to.)
GUILTY. of stealing under 5l.; Aged 28.— Transported for Seven Years.
LOUISA JAMES . I live with my father, William Augustus James, who keeps a boot and shoe-shop, in Liquorpond-street. About a quarter to ten o'clock on the night of the 13th of Sept., I saw the prisoner near the door of the shop—he put his hand round, broke a string, and took a pair of boots—I saw his face—I followed him, and am sure he is the person.
Prisoner. Q. Did you see my face at the door? A. Yes.
JOSEPH MITCHELL . I noticed a person running in a direction from the prosecutor's shop, on Friday night, about ten o'clock—he was about 200 yards from the shop—there is a passage leading from Laystall-street into Vine-street—he ran that way, and from five to ten minutes after, I found a pair of boots in that passage—I think the person was dressed like the prisoner.
Prisoner's Defence. Miss James at first said she believed I was the man but she should not like to swear to me; a man there said I was the man, and that Mr. Mitchell had seen me; when he came, he said I was not the man, but it was a man similar to me; I was standing in Leather-lane when I was taken, where I should not have been if guilty.
doubt of him—I am quite confident he is the same man—I saw him put his head inside the door to see if he could be seen—he was brought back to the shop in about ten minutes—I followed him to Laystall-street, and stood at the top of the steps—I was afraid to venture down the steps—I took particular notice of his face and dress.
NOT GUILTY .
OLD COURT.—Friday, September 20th, 1844.
GUILTY. Aged 26.—Recommended to mercy.; — Confined Two Months.
GUILTY . Aged 45.— Confined Three Months.
Before Mr. Justice Wightman.
2257. JAMES TAYLOR and THOMAS BACON were indicted for burglariously breaking and entering the dwelling-house of william Liversedge, about ten in the night of the 2nd of September, at Edmonton, with intent to steal, and stealing therein, 1 watch, value 15s.; 15 sovereigns, 4 half-sovereigns; 1 20l.; Bank note, and 1 10l.; note; his property.
MR. CHARNOCK conducted the Prosecution.
WILLIAM LIVERSEDGE . I am a smith, and live at Southgate, in the parish of Edmonton. About a fortnight before the 2nd of Sept., the prisoners came to the coach stables close to my shop—they came and asked me if there was any conveyance going a Potter's-bar—(I had never seen them berfore)—I said there would be none before five o'clock—they said that would be too long to wait, and asked if there was any public-house where they could get a pot of beer—I said, "Yes," and they said they would walk down the street with me—we went to my sister's who keeps a beer-shop—I remained there my dinner hour, and then went back—we went into the Cherry Tree, and had a quartern of gin—they then bid me good morning, and we parted—on the 2nd of Sept. I saw them again—I saw Taylor first, about half-past six o'clock in the evening, in a horse and cart, opposite my shop, with Mr. Collins, a rat-catcher, who lives at Enfield—I asked Collins about some bricks—they stopped—they afterwards went down the street—I did not see Taylor again till after eight, when he came into my sister's house, which is opposite my house—my shop is a quarter of a mile from my house—Bacon was not there—T ylor came in, called for half-a-pint of beer, and, seeing me there, he said he might as well make it a pint—we had a pint of beer, and, then crossed over to my house—there was a fair at Southgate on that day—my wife and I had before dinner arranged to go to the fair—she was not at home when Taylor and I went over—she was gone to the—I went down to clean myself—I fastened up the house when I left—the shutters were not up—I locked the door, and secured all the places—I quitted the house at a wuarter past eight o'clock—I and Taylor then went to the fair—my mother went with us from the beer—shop—I met Bacon at Consby's beer-shop, close to the fair—(I had seen him before at Consby's that same evening)—he proceeded to the fair with
us, and there we joined my wife—we went into Pickard's booth—there was dancing going on there—I paid for the prisoners to go in—they said they would settle when we got in—I wanted Bacon to dance with my wife while I went to look after a friend—he wanted me to stop, and then said he would go with me—he did not dance—I heard no conversation between Bacon and Taylor—they left the booth between nine and ten—Taylor left first, and Bacon, I should say, half an hour after—Taylor said nothing to me when he went away—I saw nothing of them afterwards—when I left my house that night, I had in a little box within a trunk a 20l.; note, a 10l.; note, fifteen sovereigns, and four half-sovereigns—there were also four 10l.; notes in another part of the box, and a metal watch hanging by the fire-place in the parlour—we returned home at near twelve o'clock, and missed the property stated in the indictment—the watch had a paper or lining inside, by which I should know it—my watch-maker had given the watch to me between eight and nine that morning—it had been to be repaired—the lining has since been produced to me, and I am certain it is the same—we found everything up stairs all thrown about, and strewed all over the place—I found this screw, belonging to the parlour window, on the floor—it fastened the window from the inside, but the point of it just comes through, so that a person outside, by pressing it, could shove it in—the window was opened, so that anyone could get in—the lock of the door was not disturbed—the entry must have been made by the window.
Cross-examined by MR. CLARKSON. Q. Are you the only tenant of the house? A. Yes—no one else lives in it—I know Southgate is in the parish of Edmonton—there is no parish of Southgate—I pay rates—they are levied by the parish of Edmonton—there is a church at Southgate, but no overseen for Southgate—I know the window was secure before I went out, for I looked at it—it is a window that slides on one side—I am sure the screw was in when I left, and the window closed—there are shutters, but they were not shut.
MR. CHARNOCK. Q. How long have you lived in the parish of Edmonton? A. All my life—this is the paper, the lining of the watch.
ELIZABETH LIVERSEDGE . I am the prosecutor's wife. On the 2nd of Sept. I left my house, about six o'clock, to go to the fair at Southgate—I left my husband's metal watch on a small brass bracket under the mantel-shelf—we had a large linen chest up stairs, by the bedside, in which was this little box, which contained a 20l.; note, a 10l.; note, fifteen sovereigns, and four halfsovereigns, a piece of paper, and a sixpence—that was all safe when I left the house—I fastened up the house, and gave the key to my husband—I left no one inside—I went out with my little boy—the prisoners and my husband afterwards joined me at the fair about seven o'clock—we went into a booth—my husband paid for the prisoners—they said they would pay us again—my husband wanted to come out of the booth to see some friends, and he said to Bacon, "Take charge of my wife, and stand up in the dance"—Bacon said, "Oh, no, you had better, as the dance is commencing, stand up with your wife yourself"—Bacon refused—the moment we got up to dance Bacon disappeared—Taylor left first—they had both left within half an hour after nine o'clock—before they went Bacon was sitting beside my husband—Taylor never sat down at all, but seemed fidgetty—Bacon got up, and whispered very close in Taylor's ear—Bacon, noticing me, looked rather hard, and said, "I merely asked him if he had been playing a trick with my snuff-box"—Taylor said, "Oh, no, it is all right, all right;" and a few minutes after that Taylor disappeared—I saw no more of them that evening—we left the booth at eleven o'clock—on going home. I found the parlour window drawn back, and the
watch gone—I went up stairs, and missed from the chest this box, which had been in an old glove—I found the box on the bed, empty, except the sixpence—the notes, sovereigns, and half-sovereigns, were gone—the four 10l.; notes were left—they were in the same chest, but in another corner—they had been overlooked—this is the lining of the watch—(looking at it)—I am positive of it—I used to wear the watch—it had been my husband's mother's, and was in my possession eight or nine months—among the sovereigns I lost was one which had a mark, a sort of bruise, or piece cut from under the date of the year, on the head side—they were all of the present reign—on discovering the loss, I described that mark to the policeman, who afterwards produced me a sovereign answering that description—this is the sovereign—here is the mark a little below the 2—I had had it by me about three months, and had often noticed it—I have every reason to think this is the sovereign that was among the fifteen, by this mark.
Cross-examined. Q. You do not swear positively to it? A. It was a mark the same as that—I took it in change—that is the only mark on it.
SUSAN MUNSEY . I live at Southgate. On the 2nd of Sept. I was at Kettle's beer-shop, opposite the prosecutor's house, and saw Taylor there, about a quarter to ten at night by our clock, but that was a quarter too fast—he was inside the beer-shop—no one was in the house with him—I saw him leave, and join Bacon, who was standing across the road, close to Liversedge's house—I did not see which way Bacon had come—I saw the prisoners again about a quarter to eleven by my clock—they came down the road from the fair way, and went down towards Liversedge's house—Taylor asked me if they could have a lodging—I said, "No"—he said, "Then I suppose I must lie in the road all night."
Cross-examined. Q. How far is the fair from Liversedge's house? A. About a quarter of a mile.
GEORGE RUMSEY . I live at Southgate. On the evening of the 2nd of Sept. I was next door to Liversedge's house, about a quarter to ten o'clock at night, and heard a noise—I did not see any person or any light.
WILLIAM JAMES . I am a boot and shoemaker, and live at Southgate. On the 3rd of Sept. I went to Taylor's lodging, in Crown-court, Horsleydown—I knocked at the door, and Taylor came himself—I asked if his name was Taylor—he said "Yes"—I said, "Do you recollect being at Southgate yesterday?"—he said, "No"—I said, "How can you say so, when you and I and Liversedge had some ale together"—he said, "Ah, I believe I was"—I called a constable, and gave him into custody.
GEORGE GADD . I keep the Rummer public-house, at Enfield, about three miles from the prosecutor's house. On Monday, the 2nd of Sept., the prisoners came to my house in the middle of the day—about eleven o'clock at night they came again, and slept there—they left about a quarter-past eight in the morning—Taylor paid me for the lodging with half-a-sovereign.
GEORGE WILDE (police-constable M 94.) On the 3rd of Sept. I was called by James to Taylor's house, No. 2, Crown-court, Horsleydown-lane—I went in and asked if his name was Taylor—he said, "Yes"—I said, "I am come to take you into custody on suspicion of a serious robbery at Southgate"—he said, "What the devil does all this mean?"—as I was looking to see if Mr. Liversedge was coming towards the window, I saw Taylor drop his hand into his left-hand pocket—I said, "Stop a bit, Taylor, I must see what you have got there"—I took him by the arm, and prevented him from taking anything out—I put my hand into his pocket, and there found five sovereigns and 18s. 6d. in silver—on the mantel-piece, in the same room, I found eighteen duplicates—b fore I showed Mrs. Liversedge the sovereigns she described one to me as
having a mark on the edge under the Queen's head, near the figure 2—it corresponded with one I found on Taylor—this is it.
RICHARD WATKINS (police-constable N 30.) On the 4th of Sept. I took Bacon into custody in Freeman's-lane, Horsleydown—it is not far off Crown-court—I told him I took him on suspicion of committing a robbery at Southgate on the 2nd of Sept.—he acknowledged that he was there, and said he knew nothing of the robbery—I searched him at Union-hall, and found on him a half-sovereign, a half-crown, a sixpence, and three halfpence, and a great number of papers in his right-hand trowsers' pocket—I found this watch-paper on him among other papers.
(James Hutchins, licensed victualler, Tooley-street, Borough; William Woodward, boot and shoemaker, 62, Tooley-street; Thomas Matthew Peacock, boot and shoemaker, 37, Lower-marsh, Lambeth; and William Collins, hatter, Tooley-street; deposed to Bacon's good character.)
TAYLOR— GUILTY . Aged 43.
BACON— GUILTY . Aged 44.
Transported for Ten Years.
Before Mr. Justice Cresswell.
MR. PRENDERGAST conducted the Prosecution.
SARAH BURTON . I live in Hungerford-street; I get my living by needlework. About four o'clock on the evening of the 10th of Sept. I went with one of my neighbours to a public-house at the corner of Hungerford-street—the prisoner came and sat alongside me—he chucked me under the chin, and several ways meddled with me that I did not like—I told him to keep his hands off me—he was a stranger to me—I had a pint of beer before me—he said, "Old girl, I shall drink"—I told him he should not—on that he called me a b—b—I told him I was not so—he said I was, and a wh—as well—I directly took up the pot the beer was in, and said I would throw the beer over him—I threw it over him—he directly took up the pot, and struck me with it—I got the blow on my arm, and then again he struck me with it across the head—I cannot tell whether my arm was up or down when he struck me—my head bled very much—he struck me twice, but only once on the head, that I know of—he had attempted to strike me with his hands before, and the gentlemen in the place tried to hinder him from striking me—he attempted to strike me several times with one hand, and the pot in the other—when be struck me with the pot, the men stood before him, and tried to prevent him—I came outside, and first went to a doctor, and then to the hospital—I have remained ill ever since, and am very ill now.
Cross-examined by MR. HORRY. Q. Is the man here who tried to prevent the prisoner striking you? A. I do not see him—the prisoner was in the public-house when I went in—I did not begin to sing, nor did any friend—the person I went in with left me—we did not sing at all—I was, I should think, an hour there before this happened—I had bad half a pint of beer, part of a pint I went in to have—the least thing will affect me—I had had nothing to eat all day—the witness who is here was singing—I do not recollect the prisoner saying that it was an Irish song—I threw some beer in his face—he took off his hat and looked at it—I do not recollect his holding it up before him—it was after I had thrown the beer in his face that he took off his hat—he did not take it off to prevent the beer coming against him—I own if I
had not thrown the beer in his face he would not have done it—there was no scuffle, except when the gentlemen tried to prevent his striking me.
MARGARET DAVIS . I live in Hungerford-street. I went out with Mrs. Burton on this night, and went to the public-house—we sat down—the prisoner was there—he came and touched her several times under the chin—she told him to keep his hands off, and if he had a wife of his own, to go home and handle her—Mrs. Burton is married—he laid hold of her pint pot, and said he would drink—she said he should not—he used a very bad word, and said be could drink out of a better woman's pot than hers—he called her very bad names—she snatched the pot from him, and hove the beer at him—it went on his hat—with that he flew round the table and struck her with the quart pot on the side of the head—I saw two blows given—the first did not strike her because two gentlemen saved her—he struck her over the gentleman's shoulder the next blow.
Cross-examined. Q. You were singing a song, were you not? A. No, I did not sing—I did not hear the prisoner say that was an Irish song—nothing of the sort—I was quite sober—we had had two pints of beer in the day, before, and were sitting at our door, when we were called to the house to hare this pint—he did not take off his hat to stop the beer going in his face—he took it off after the beer was hove at him—it was not thrown at him after he said it was an Irish song—it was when he called her a bad word—that I am quite sure of—she did not say she would throw the pot in his face—he did not get up to prevent its being thrown in his face—he pulled off hit hat, looked at it, and then flew round the table, took up the pot, and struck her—(looking at two persons named Beard and Cowell)—those are the two men that interfered—she was not trying to get at him, nor was I—Beard and Cowell came between them.
CHARLES BELL . I am house-surgeon at the London Hospital. The prosecutrix was brought to me about five o'clock on Tuesday afternoon—she had a wound on the right side of her head, about two inches long—it bled very much—it went as far as the bone—the bone was not injured—it was a sort of wound that might have been produced by a blunt instrument—the edge of a pewter pot would do it—it was a dangerous wound.
Cross-examined. Q. The prosecutrix was rather inebriated, was she not? A. She was very much excited, whether from the blow, or from liquor, I cannot pretend to say.
(Witnesses for the Defence.)
JOSHUA COWELL . I was at the Coach Makers' Arms, Commercial-road East, on the night in question, with John Beard. I saw the prisoner there, Mrs. Burton and Davis—I was there before them—I saw them come in—they brought some beer with them, and both the females commenced singing—they were drunk—the prosecutrix was about four feet from the prisoner at that time—I paid very little attention to the song—the prisoner said it was an Irish song, and they were Irish—the prosecutrix then poured some beer out of several pots into one, and chucked it at him—he took off his hat and said, "The beer has not gone in my face, now"—the prosecutrix said, "I will chuck the b—pot in your face"—she was in the act of doing so—the took up the pot, and was in the act of throwing it, when the prisoner got up and went to her to prevent her doing it—a scuffle ensued—Beard and I got up to stop them from fighting—the pot was in her hand when the prisoner got up, it was over her head—we separated them—I did not see any blow struck—when we had separated them, the pot was down on the floor—I did not see that she was wounded till she got into the front room—I then saw
her bleeding—I did not see the prisoner strike a blow—I should have seen it I believe, if he had.
MR. PRENDERGAST. Q. Then she could not have had a blow without your seeing it? A. It might have been accidental, in the scuffle—she had the pot over her head while the prisoner was trying to pull it from her, and I think by that, and his shoving her away from him, the pot fell down on to her head—I think the pot fell from her hand on to her head, and so did the mischief—the prisoner is a chair-maker—we do not work together at the same shop—we have done so, but not for the last two years—I did not go into the public-house with him.
COURT. Q. Did she scuffle with anybody else except the prisoner? A. No.
JOHN BEARD . I am a chair-maker, and live in Redman's-row, Mile-end, I was at the Chair-makers' Arms on this night, and saw Cowell there—Mrs. Burton and Davis came in, and sat at the table opposite me—they had a pint of beer, and began singing—I believe both sang—I heard the prisoner say something, I was a little engaged at the time, but I believe it was a little about an Irish song, or something about Irish—Mrs. Burton felt herself offended, and attempted to fling the beer in his face, but it went over his hat—it was a portion of beer that was left in the mug before her—she took it from the table and attempted to chuck it in his face, but he stooped his head—I believe it was a portion of beer emptied out of a pint, to get the draining to put into the pot for the purpose—she collected it from the quart pot, I believe, but I did not take that notice, I did not think it would come to anything like a dispute—I would not say whether it was from the pint or the quart—I had not seen the prisoner attempt to touch Mrs. Burton before that—he said, "You have not flung it in my face, now"—Mrs. Burton said she would fling the b—pot in his face—she took it up, and was about to fling it in his face, when he got up to defend himself—a row ensued—I got up, and got a blow on the head myself from the pot—I do not know who had the pot when I had the blow—Cowell and I got up to interfere—I did not see it in any one's hand at all—I did not see how this happened—I cannot say that the prisoner struck her.
MR. PRENDERGAST. Q. You cannot say that she put any beer out of one pot into another? A. I consider she did—I fancied that was the plan, for she said she would chuck beer in his face—it appeared to me she could hardly see, and she moved some beer from one pot to the other—I thought she attempted to do it—I saw her put one pot to the other as if turning it out—there was only a small portion on the table—I heard him say it was an Irish song, and he thought she was Irish—I believe that was the way she took offence—I cannot tell what else he said—I did not pay attention.
MR. HORRY. Q. How long have you known the prisoner? A. Eight years—I never heard any harm of him—I have frequently been in his company—he always behaved himself well.
GUILTY. of an Assault. Aged 22.— Confined Six Months.
Before Mr. Justice Wightman.
2259. WILLIAM GOGGIN was indicted for feloniously assaulting Cornelius Driscol, putting him in fear, and taking from his person, and against his will, 1 crown, 3 half-crowns, and 8 sixpences, his monies; and beating, striking, and using other personal violence to him.
The prosecutor, being called on his recognizances, did not appear.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
(The prisoner being a Swede, had the evidence communicated to him by an interpreter.)
AMELIA BROWN . I am single, and live in Dock-street, St. George's East. I have known the prisoner since his last voyage—he stopped one day with me when he came home from his voyage, six or seven months ago—on the 17th of Sept. I was in the Swedish Flag, Princes-street, St. George's, between five and six o'clock in the evening—the prisoner was there—he was not sober—Mary Ann Liddle was there—he kicked her—I said he ought to be ashamed of himself in kicking her in the place he did, which was the lower part of her person—I spoke to him in English—he can speak very good English—he then took a knife out of his pocket, and attempted to stab me in the breast—I put up my left hand to prevent his cutting my breast, and was very slightly wounded in the hand by the knife—I am quite sure he attempted to strike me in the bosom.
MARY ANN LIDDLE . I am single, and live in Bluegate-fields, Shadwell. Last Tuesday night, between ten and eleven o'clock, I was in the Swedish Flag—he prisoner tried to kick me—Brown was there, and said he had no business to kick a woman in that manner—he did kick me in * * *—on her saying that, he drew a knife, and attempted to stab her in the right breast, but she warded it off with her hand, and received a cut—he was tipsy.
EDWARD WALKER . I am a mariner, and live in Ratcliff-highway. I was in the Swedish Flag last Tuesday night—these girls were there all the evening—a out nine or ten o'clock the prisoner was intoxicated and quarrelsome, knocking everybody about, and capsizing people's grog—he upset my grog—I spoke to him civilly, and he challenged me to fight—I asked him why he was knocking about in that manner, and why he capsized my liquor—he never answered me—he said his knife was his protection while he had got one—Liddle was looking on at the time, and when she stood against the gaslight he kicked her—she had done nothing to provoke him—she went out on being kicked—the prosecutrix said that was not the way to kick a woman, or something—I was not in the room when the knife was used—I went out to see if the other woman was hurt, and on my return found Mrs. Brown bleeding.
RICHARD MERRONY (police-constable H 167.) Last Tuesday evening I was called into the Swedish Flag, and saw Brown there—she had a wound on her hand—in consequence of what they told me I took the prisoner in charge—I told him he was given in charge for trying to stab the woman in the breast, stabbing her in the hand, and kicking another woman in the * * *—he said he did not do any such thing, he never opened his knife—I found this knife in his trowsers with the string twisted round his neck—most sailors carry knives in that way, particularly foreigners—he went with me to the station, and next morning, in going before the Magistrate, he asked what he was taken for—I told him—he said he was drunk, and did not know what he was doing.
Prisoner's Defence. I was drunk; I cannot recollect anything that happened; the last voyage I was here I was robbed by some girls in the Highway, and I might be afraid of this woman wishing to do the same to me, and being drunk I might have done what I do not recollect.
GUILTY>. of an Assault.—Recommended to mercy by the Prosecutrix.
— Confined Three Months.
Before Mr. Justice Cresswell.
2261. WILLIAM HARTRIDGE and EDWIN HARTRIDGE were indicted for stealing, on the 15th of July, at St. Mildred the Virgin, in the Poultry, 3 watches, value 18l.; 2 breast-pins, 1l.; 8s.; 1 neck-chain, 5l.; and 2 brooches, 6s.; the goods of William Sarl and others, the masters of William Hartridge, in their dwelling-house.
MR. CLARKSON conducted the Prosecution.
WILLIAM BRYAN . I am shopman to Mr. Attenborough, a pawnbroker, in Bridge-house-place. On the 5th of Aug. the prisoner, Edwin Hartridge, pledged this gold watch, No. 29114, at our shop for 2l.; 10s., in the name of John Wood, lodger, No. 15, South Island-place, Clapham—on the 7th of Sept. he came again, and offered another pledge to Mr. Gill, our foreman, in my presence—Mr. Gill walked into the parlour, and stated his suspicions to Mr. Attenborough—the prisoner was in the shop—he was quite near enough to have heard I should imagine—I was directed to accompany him to the address he gave, No. 15, Dorset-street, Clapham—I went with him—when we got within about twenty yards of street he said, "That is Dorset-street," (pointing to the first street on the right hand side of the way,) "but I will not trouble you to go there, as I do not wish my friends to know it; but if you will step up the Clapham-road, to my brother's, he will be able to satisfy you"—I asked how far off his brother lived—he pointed to where some boys were standing playing, and said, "Just where those boys are standing or playing"—on arriving where the boys were I discovered there were no houses on that side of the way, for some distance—about twenty yards further on at the corner of the road there was a man standing, apparently waiting for him—the man said to him, "Well, Bill," and he replied, "Well, Jack "or Tom, or some name, "will you go up the road, and tell Tom, or Dick, I want him"—I asked who that was he had sent for—lie said it was only his cousin—we stood still for about a minute or two, and he then said, "Just wait until he comes back"—I said, "Oh, I can't stand this, you must go back with me to where you said you lived, or else I shall give you in charge of the first constable I meet"—we turned round to go, and when we were about four or five yards off the top of Dorset-street he said, "Oh, it is no use your going there, I don't live there; it is all a lie, I never did"—I said, "I can't help that, I must go and obey my instructions"—I went to No. 15, Dorset-street, and took him with me—I found that he did not live there, and never had—I then told him I had only one course to pursue, and that was he must go back with me to the shop, or else I should give him in charge of a constable—we went back to Mr. Attenborough's shop, and I then again asked him if he would give me any farther information—he said be could not—I then told him he must consent to go with me to the station, and I took him there—as we were returning to the shop, just as we were rounding the corner of Newington church, I asked him who the watches belonged to—he said one belonged to himself, and the other to his brother, that they cost 7l.; a-piece, and he had bought them in the City—I asked whereabouts in the City, and he said he could not tell me.
Cross-examined by MR. CHARNOCK. Q. You say he pawned this watch in the name of Wood? A. Both—I should say it is generally the case, that persons pawning things do not give their right name—he did not seem to turn back with me very willingly—I thought he appeared to be watching an opportunity to escape—he kept turning round, but I turned as he did—he did not say which watch belonged to himself—he said one belonged to himself, and the other to his brother.
WILLIAM SARL . I am a goldsmith and jeweller, at No. 18, Poultry, in the parish of St. Mildred the Virgin. I have two partners—the prisoner Edwin was in our service about four years, and left about nine months since—William was between three and four years in our service, and was so still on the 7th of Sept. last—he was a sort of under-shopman—it was his duty to attend to the shop in the daytime, and of an evening, to see that no one entered the premises—he slept behind the shop, in a sort of lobby connected with the shop—he was placed there to have personal charge of the shop in the night—our property was kept in cases—I have seen some articles produced by the officer—they were usually kept in a glass case on the counter—we kept watches in the same place as the chains, pins, and brooches—the cases were secured by a lock—he was not intrusted with the key of those cases at night—either myself or brother, whichever was stopping latest, locked up the cases, and put the keys into an iron safe—that was at the close of business in the evening—we locked up the place, and took away the keys—William was directed on no account to let any one in to sleep on the premises—here are three watches, Nos. 29084, 29114, and 29088—they are the property of myself and partners, and have never been sold—on Monday, the 9th of Sept., in consequence of information I had of a loss, I went to Horsemonger-lane gaol—I there saw Edwin Hart ridge in custody—after I had seen him I returned with the officers to my shop—I found William Hartridge in the counting-house—Inspector Waller asked him if he knew where his brother was—he said he did not—I then gave him in charge—he burst into tears, and made a statement to me—he did not make any statement about the watch that was pawned in Aug., or about anything that happened before that time—the watches produced were purchased of Mr. Stauffer—on examining my stock, I found they were missing—I had missed neck-chains prior to this, prior to my being aware that the watches were gone—I missed a neck-chain about the first week in July—shortly before that time I had seen that neckchain in the possession of William Hartridge—it had been purchased of a gentleman named Taylor—I had taken it out of the window, for the purpose of having it washed, and gave it to William—I have seen two breaat-pins, with stones in them—they are my property, and have my private mark on them—there are two brooches—to the best of my belief they are ours—these have not our mark—we have such in our stock—I cannot say whether any are missing.
Cross-examined by MR. CHARNOCK. Q. Had you a good character with Edwin? A. I think we took him from his mother—he was entrusted with a great deal of property—we have no other shopman at this shop—we have at other shops—we keep a book, in which we enter the sales of things every day—we have rather a large stock—I sell sometimes, and sometimes my brother sells—I never omit to put things down in the book—the books are not here—I do not speak positively to the brooches or neck-chains—the breast-pins have our mark—it is a scratch with a sharp instrument—that is a mark by which I know it has once been ours—I cannot say whether other shops have that mark—I would not be erased if sold—there is no difference between the state of such a thing before it is sold and after.
Cross-examined by MR. DOANE. Q. Had you not another shop-boy in the shop in the Poultry? A. Some time since, about two or three months, but I cannot speak positively—he is not in our service now—I attend daily at the shop in the Poultry—my brother sells as much as myself—if I had occasion to send out to a customer, I should send William, if he was at hand—he was not in the habit of going out to sell—I was in the habit of sending him out with messages or on any business.
MR. CLARKSON. Q. Did the other man you had in your employ about two months ago sleep in the warehouse? A. He did not—he had no of the property at all.
COURT. Q. Can you at all tell when you last had these watches? A. One of them I had on the Friday night, not one of these three—I can swear to having these three the first week in July—we did not miss them until Sept., when Edwin was apprehended—we had missed two gold watches and some chains in the first week in July before we missed these watches—we had not examined the premises, to see how they had gone—there were no marks on the case at that time, nor on the day the prisoner was apprehended—I kept my watches in the same case with the chains, but there are three different divisions.
JULIUS STAUFFER . I am a watch manufacturer, and live in Skinner-street. These three watches, Nos. 29084, 29114, and 29088, I sold to Messrs. Sarl on the 25th of June, but delivered them on the 3rd of July.
JAMES SHOWELL . I am in the service of Mr. Spinks, pawnbroker, in Gracechurch-street. On the 23rd of July I received this watch No. 29084 in pledge—I do not know who from—I also received this other watch, No. 29088, in pledge on the 21s. t of Aug.—I do not know who from.
ALEXANDER FREDERICK TAYLOR . I am a manufacturer of gold chains. I sold the facsimile of this chain to Messrs. Sarl in 1841—I have seen one exactly like it in all respects, in their possession lately—I have seen that, I should say, within the last six months—no one manufactures exactly like this but myself.
Cross-examined by MR. CHARNOCK. Q. You cannot swear to it? A. Not exactly.
COURT. Q. Did you make that which is before you? A. Yes; that is our make.
ROBERT MASON . I live at the Olive Branch, High-street, Clapham, and am conductor to an omnibus. I bought these two breast-pins of Edwin Hartridge—I gave him 4s. 6d. or 5s. 6d. for one, and As. 6d. for the other—I gave them to Waller last Tuesday week, I think.
Cross-examined by MR. CHARNOCK. Q. Was that as much as they were worth? A. I should not like to give more—I am no judge of such things—I bought the one with the stone about three months ago, and the other about two months ago, as near as I can say; I cannot say for a day or a week.
MR. SARL re-examined. The watch pawned on the 5th of Aug. is part of the property I had of Mr. Stauffer on the 3rd of July.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
WILLIAM BRYAN . I am in the service of Mr. Attenborough. On the 7th of Sept. I saw the prisoner Edwin in my master's shop offering a gold watch in pledge—in consequence of the address he gave on that occasion, by direction of my employer, I accompanied him on the road to No. 15, Dorset-street,
Clapham—on our arrival within a few yards of that place, he pointed out Dorset-street to me, and said, "That is Dorset-street; I will not trouble you-to go there, I do not wish my friends to know it; but if you will step up the Clapham-road, to my brother's, he will be able to satisfy you"—on arriving within twenty yards of South Lambeth-road he said, "My brother lives near where those boys are playing"—on arriving there I found no houses—a little further on a man was waiting for him—he said, "Well, Bill "—the prisoner said, "Well, Jack "or "Tom, just step up the road, and tell Dick I want him"—I asked who he had sent for—he said only his cousin, and asked me to wait till the man came back—I said I could not stand that, he must go back with roe to Dorset-street—he consented, and as we were turning the corner he said he did not live there, it was all a lie, he never had lived there—we went to Dorset-street—I found he did not live there—I then told him he must consent to go with me back to the shop, or I should give him in charge of the first constable I met—when we were rounding the corner by Newington church I asked him who the watches belonged to—he said one belonged to himself, and the other to his brother; that he had bought them in the City, and they cost 7l.; a-piece—I asked if he could tell me where he had bought them—he said he could not—I took him back to the shop, and asked if he would give me any further information—he said he could not—I then took him to the station.
WILLIAM SARL . I am a goldsmith and jeweller, in partnership with my father and brothers, in the Poultry, in the parish of St. Mildred the Virgin. I know this watch—I saw it safe on my premises on Friday week last, about eight o'clock in the evening—I left at a quarter-past eight—it was in a glass case on the counter—William was in my service at that time, and Edwin had been so—the watch cost me 5l.; 10s.—in consequence of information I received on Monday, the 9th of Sept. I went to Horsemonger-lane gaol, and there saw Edwin Hartridge in custody—on my return to the shop I found William in the counting-house—the inspector asked him if he knew where his brother was—he said he did not know—William went home every Sunday morning, and returned at seven in the evening—I gave him in charge—he then bunt out crying—he said he knew his brother Edwin had been keeping very bad company lately; that he had allowed him to sleep with him on Friday evening; that he awoke at six o'clock on Saturday morning, and found him behind our counter; that he then went and said to him, looking at the case, "I know you have taken some watches from this case;" he said, "No, I hate not;" he said, "I know you have; you know Mr. Sarl has missed several things lately, and we get blamed for it when you take them;" he then said, "If you don't give up the watches I shall give you in charge;" that his brother denied having any; that he then, as his brother was going out of the door, took him by the coat, and took a gold watch and a silver watch out of his pocket, and kept them in his possession until my coming to town, and that after I had unlocked the case he put them back again—I then said, "How could your brother get at the case?"—he said, "O, Sir, he can do it with a pair of shop scissors"—I said, "What, open this case with a pair of scissors? show me how"—he tried to do it, but could not—there was no mark on the case as if scissors had been applied to it—he then went with the policeman—it is a very unusual thing to have a fire in the room next the shop early in the morning in Sept.—the shop is dark when the shutters are up—it was the business of the witness Batson to come at seven o'clock in the morning—there would not be light enough to see the means of getting at the property as late as seven, without the light of the fire, or a candle.
Cross-examined by MR. CHARNOCK. Q. How are you enabled to fix the time of seeing this watch at eight o'clock on the Friday evening? A. We lock up at eight—we had only two watches on that evening, in that particular case—I went to that case, and am certain I saw it then—it is not merely an impression—Edwin was not present when William made this statement—I did not beforehand tell him it would be better for him to tell all the particulars—I made no promise to him.
Cross-examined by MR. DOANE. Q. Is not William some years younger than Edwin? A. I cannot say—Edwin is the eldest.
FRANCIS BATSON . I am in the service of Messrs. Sarl. It was my duty to go to the shop at seven o'clock, and help to open it. On Saturday morning, the 7th of Sept., I went to the shop at a quarter before seven—it was not opened—it was shut up—I knocked at the door—William Hartridge opened it to me—he was dressed all but his coat—I used to call him from his bedon going in there was a very fierce fire in the counting-house stove adjoining the shop—that was not usual.
Cross-examined by MR. CHARNOCK. Q. Does any other person live in the house? A. Yes, up stairs—Mr. William Henry Manners, his wife, three children, and one servant-maid—the boy is twelve or fourteen years old.
MR. CLARKSON. Q. Can persons go into the shop from the other part? A. Not without the door being unlocked—there is a door that leads from the shop up stairs out of the passage, that is locked—there is no door kept unlocked—unless that door is unlocked there is no communication between the inmates of the house and the shop.
MR. CHARNOCK. Q. Are you quite sure it was that, or might you mistake it? A. Yes, I will swear it was Richard Edwards—I have a clear recollection of it.
COURT. Q. What time in the morning of the 7th was it he came to the shop? A. Between eight and nine o'clock.
COURT to FRANCIS BATSON. Q. After you went on the morning of the 7th, and opened the shop, did you remain there? A. Yes, I went away at nine o'clock, and came back at half-past nine—I stayed there from seven to nine—I did not see Edwin Hartridge there at all—I did not see William go out at all.
(John Hewit, straw-hat maker, No. 9, St. George's-terrace, Borough-road; John Billinghurst, bookseller, Brixton-place, Brixton; George Stacey, South-street, Stock well; Cornelius Stump, clerk on the Great Western Railway; and Henry Felwick, of Wandsworth; gave the prisoners good characters.)
WILLIAM HARTRIDGE— GUILTY . Aged 17.
EDWIN HARTRIDGE— GUILTY . Aged 19.
Transported for Ten Years.
Before Mr. Recorder.
NEW COURT.—Monday, September 16th 1844.
GUILTY . Aged 61.— Confined Twelve Months.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WILLIAM THOMAS RESTALL . I am clerk to the churchwardens and vestrymen of the united parish of St. Margaret, Westminster, and St. John the Evangelist, Westminster. Mr. William Bent is one of them, and there are others—they are governors of the poor—the prisoner was employed by them as collector of the poor-rates—he has been so for many years—I have the poor-rate book here for the year 1843—the rate is made annually, and collected in three instalments—it was the regular course of business to give the prisoner a copy of the rate for the purpose of his carrying it in his pocket to go about to collect the rate—that was done with respect to the rate for 1843—I saw him with the book in his possession, and there were always blank printed forms of receipts given him to give to the parties who paid the rates—it was his duty to pay the money he received to the bankers—here is the printed account of the rules and regulations—it is printed in the head of the book which is given him to collect with—I have here the book in which it was his custom to enter the sums he received in the course of each week—the week ending on the 4th of May last, is the last account which he rendered to me—here is the account of what he charged himself with having received in the preceding week—it was his duty to render that account to me every week, and he did so every week; and upon my checking it with his account, it was his custom to pay the money into the bankers'; and then it was his duty to bring me the receipt from the bankers', to show that he had paid it in—on the week ending the 4th of May, he charges himself with having received 93l.; 14s. 3d.—he brought that account to me on Monday the 6th of May—he did not bring me a receipt showing that he had paid this amount into the banker's—in consequence of that, I went in pursuance of directions, and saw the prisoner at his house on Tuesday, the 7th of May—I asked him the reason this money had not been paid in—he hesitated some time, and then said he had not paid it in—I then said, "Is that all, is there nothing else; there are some large amounts outstanding; have any of these been received?"—he said, "They have"—he came to me on the following evening, and dictated to me a list of the sums in which he was a defaulter—the sums which he had received, and not accounted for—they amounted to 538l.; 10s. 6d.—that included the 94l.;
Q. Turn to his account which should contain any sum received by him on the 18th of Dec, do you find in that an account of the receipt of 2l.; 12s. 6d. from Mr. Smith? A. No—there is no such entry as "Smith 2l.; 12s. 6d."—in the statement he dictated to me of the sums in which he was a defaulter I find "Smith, 2l.; 12s. 6d."entered—in the week in which the receipts of the 20th of March ought to be included here is "Mr. Fulford, 1l.; 2s. 6d., for a rate received on 20th March, due at Michaelmas," but there is no entry for the rate due at Christmas—this is the only entry in his account of Fulford, but in the account he dictated to me of his deficiencies Fulford's account is not brought in at all—there is no entry in his account of 2l.; 12s. 6d. received from Smith on the 25th of March, but in the account which he dictated of his
deficiencies here is "Smith, 2l.; 12s. 6d." as money he had received and not accounted for—I have seen the prisoner write and know his handwriting—I believe these receipts of Mr. Smith and Mr. Fulford's are the prisoner's writing.
Cross-examined by MR. BALLANTINE. Q. Did you, on the 7th of May, take the prisoner's books away? A. Yes—he had no access to them between the 7th and the 8th of May—on the 8th he went through his books with me and pointed out these defalcations, and among them is "2l.; 12s. 6d. received of Mr. Smith on 18th Dec."—I did not mention Mr. Fulford's name to him, nor he to me—the sum he charged himself with was 93l.; 14s. 3d. which he had received the week before—I compared it with the books, and that is the amount.
MR. BODKIN. Q. This 1l.; 2s. 6d. put down to Fulford is up to Michaelmas? A. Yes—I have looked through all the books since this matter has transpired several times, and the Christmas account of Mr. Fulford has never been brought to account—the prisoner was paid by a poundage.
HENRY FULFORD . I am one of the rate-payers of the parishes of St. Margaret's and St. John the Evangelist, Westminster—here is a receipt for 1l.; 2s. 6d. for the Christmas instalment of poor-rate which I paid on the 20th of March.
ALFRED TAYLOR . I am clerk of the police-court, Queen-square—I took the depositions in the presence of the prisoner on this charge—after the deposition of Mr. Restall had been taken the prisoner was asked if he wished to say anything, and I took down what he said—this is the statement he made—(reads)—"I am afraid it is too true."
(Mr. Bushell, of Dartmouth-street; Isaiah Sargent, a tin-plate worker; Mr. Ayton, a coal-merchant, of Clapham; William Ascourt, a butcher; Richard Tucker, a veterinary surgeon; James Edsall, a builder; William Simmonds, a builder; William Smith, an upholsterer; and John Wright, a grocer and cheesemonger, gave the prisoner a good character.)
GUILTY. Aged 55.—Recommended to mercy by the Jury on account of his character. — Transported for Seven Years.
ELIZABETH MULLETT . I am the wife of James Mullett, who keeps the Queen's Head public-house, in Cambridge-road. On the evening of the 27th Aug., about half-past five o'clock, or a quarter to six, I saw the prisoner go past my bar going out—she was carryiug this carpet in her arms, which belongs to me—I was at the bar alone—I gave information to my husband, and he went after her—I went to Mr. Reynolds', the pawnbroker, and saw the carpet there—it had been in an up-stairs room at my house—this is the carpet—it had not been rolled up as it is now before she had it, but this is the way it was when she was going out with it—I had seen her in my house before.
DANIEL PRESCOTT (police-constable K 75.) On the 27th Aug. I was called by Mr. Mullett, and went with him after the prisoner—I found her in a beer shop in Cambridge-road—we charged her with stealing the carpet—she said she would tell the truth when she got to the station, and in going along she said she had pledged the carpet, but it was not her that stole it, it was given to her—I had cautioned her that what she said would be given in evidence—when I took her to the Court she said the pot-boy had given it to her, and she pointed out the person who she said gave it her.
HENRY GRACE . I am nephew to Mr. Mullett, and live with him as barman—I recollect the prisoner coming about half-past five o'clock that evening, and I served her with half a pint of ale—I did not see her again till she was in custody—I do not know anything about this carpet, or how the prisoner came by it—I did not give it her.
Prisoner. I went and asked for half a pint of ale; the man that served me asked me if I would pledge the carpet, and I did; I declare I am innocent of stealing it.
GUILTY . Aged 23.— Confined Twelve Months.
THOMAS MARTIN . I am apprentice to Mr. Israel Foster, of Islington. On the 21st of Aug. I saw the prisoner—I am sure it was him—he was running from our shop—when I saw him first he was about thirty yards from the shop, and another person was with him—I saw the prisoner throw these two boots down—I am sure of that—I had before that called "Stop thief," and "Police"—I picked up the boots—they are my master's—I was examined before the Magistrate, and what I said was read over to me.
Cross-examined. Q. Did you not say, "I saw the prisoner and another stand at the door; one of them took a pair of boots; I followed them, and one of them threw the boots away?" A. I did not see them take them from the door, but I saw the prisoner throw them away.
ELIZABETH KNAPP . I live in Windsor-street. On the day these boots were stolen I saw the prisoner and another pass by Mr. Foster's shop—the prisoner snatched down the boots—I saw him take them down—then he and the other ran down Duddy's rents—Foster's boy ran after them, and the prisoner dropped the boots.
EDWARD JEFFRIES (police-constable N 250.) I took the prisoner—I told him it was for stealing a pair of boots—he said he would not go with me—I sprang my rattle, and then he said he would go. it was no use being obstinate—he said, "I suppose you mean to do it up for me this time?"
Cross-examined by MR. BRYARLY. Q. Do you know what he meant by that strange expression? A. I have heard such words used—I suppose they mean transported.
GUILTY . Aged 19.— Confined Twelve Months.
2268. JESSY CLARK was indicted for stealing 8 spoons, value 2l.; 2 pairs of sugar-tongs, 15s.; 1 pair of trowsers, 3s.; 1 pair of boots, 4s.; 2 blankets 10s.; 1 sheet, 5s.; 2 bolsters, 10s.; 3 chimney ornaments, 4s.; 1 skirt, 3s.; 1 umbrella, 8s.; 1 pillow, 3s.; and 1 bed, 2l.; the goods of Nathan Samuel Raphael, her master; to which she pleaded
GUILTY . Aged 44.— Confined Twelve Months.
GUILTY . Aged 45.— Confined Three Months.
RACHEL DONATTY . I am single. These are my stays—they were in the cupboard in the first floor of our house—the prisoner had lodged there for nine months or more, and left on the 6th of Sept.—I missed the stays the same morning—I know them from their general appearance—I had had them about four weeks.
HENRY CHAPMAN (City police-constable, No. 648.) I took the prisoner—I told him he was given in charge for stealing a pair of stays—he acknowledged he took them, and said he had pawned them in Whitechapel.
Prisoner's Defence. I went to market, and bought some fish; I had not money enough to pay for them: I went home, and found no one at home; I took the stays without the prosecutrix's knowledge, as she had lent me them to pawn before.
NOT GUILTY .
HENRY YOUNG . On the 11th of Sept., about one o'clock, I was passing along Cheapside—I missed my handkerchief all at once from my coat pocket behind, which I had had safe a few minutes before—I turned round, and some persons behind me said, "That is the man," pointing to the prisoner, who was in the road—I went towards him, and saw my handkerchief on the ground, dropped behind the prisoner, but I did not see who dropped it—this is my handkerchief—it has my initials on it.
MICHAEL HAYDON (City police-constable, No. 422.) I saw the prisoner that day, with this handkerchief in his hand—I saw Mr. Young go towards him, and the prisoner threw the handkerchief behind him, at the prosecutor's feet.
Prisoner. I was stopped by several gentlemen three or four minutes before he came up to me. Witness. I saw him with the handkerchief in his hand, and he threw it behind him—I went up and took him—I was about twenty yards from him—I found another handkerchief on him, and the duplicates for six other handkerchiefs.
GUILTY . Aged 19.— Confined Four Months.
WILLIAM GRAY . I am a merchant and live in Dublin. On the 25th of Aug. I was walking up Ludgate-hill, about half-past twelve o'clock at night—the prisoner ran up to me, and took hold of my arm—I pushed her off—she came up to me again in about a minute—I hit her in the face, or on the bonnet, with the back of my hand—she then came in front of me, and went before me up the hill, with her face towards me, and walking backwards—she then ran up to me, and took my diamond pin—I caught hold of her hand, and called, "Police"—two or three persons came up, and the policeman came up—I told him the pin could not be more than half a yard from the place where he was—this is the pin—I did not see it picked up, but I saw it after it was picked up—it is mine.
Prisoner. Q. Did you not come and put your arm round my neck, and unfasten my shawl? A. I did not even speak to her.
opposite side, from ten to twenty yards from him—I saw the prisoner go up to him, and lay hold of his arm—he drew his arm away—she came in front of him, and put both her arms to his breast—I went up to assist him—he called, "Police"—I said, "Here I am"—he said, "She has taken the pin out of my bosom"—I saw the pin picked up, and given to Eves—I took the prisoner to the station—the prosecutor had not put his arm round her neck, or done anything to her.
Prisoner's Defence. He put his arm round my neck; the fringe of my shawl might catch the pin.
GUILTY . Aged 22.— Transported for Ten Years.
NEW COURT.—Tuesday, September 17th, 1844.
GUILTY . Aged 14.— Confined One Month.
ROBERT DUFFELL . I am a contractor for lamps, and live in Derby-road, Kingsland-road. On Monday, the 19th of Aug., I supplied some lamps to White Conduit-house for an illumination—I employed the prisoner to hang them up and light them—they were to hang in the gardens there—I employed him afterwards to clear away the lamps—they were in trays—some of them were sent away on Tuesday, and I expected they were all cleared—the prisoner was not employed by me on the Wednesday—I did not give him authority to go there on the Wednesday, or to have anything to do with the lamps—I know these lamps and the tray—I have every reason to believe that they are mine.
Cross-examined by MR. PAYNE. Q. How long had the prisoner been employed by you? A. A great many years—he would have to go to the gardens for a basin and meat which he had left—this tray and lamps are worth about 3s. 6d.
JAMES TERRY . I was a constable employed at White Conduit-house. On Wednesday morning, the 21st of Aug., I saw the prisoner coming out of the passage with this tray of lamps in his hand—I followed him—he went across the Chalk-road to Maiden-lane by the gas factory—he turned down, and went into a beer-shop—I went in, and told him Mr. Duffell wanted him—he said, "Very well, I will come when I hare drank my beer"—I said, "Come directly"—he got up, and came out with me—I said, "Bring the lamps with you"—he said, "The lamps?"—I said, "Yes"—he went back, and brought them out—I said I took him for stealing the lamps—he said he had not stolen them, he meant to take them to Mr. Duffell, and was to take them that evening to Vauxhall to Mr. Duffell, who would pay him for his labour.
Cross-examined. Q. Were you to be at Vauxhall? A. Not that I am aware of, but I cannot say now—I am a lamp contractor.
NOT GUILTY .
JOHN GILCHRIST . I am apprentice on board the Nepaul, lying in the West India Docks. On the afternoon of the 24th of Aug. I was going on board from the quay, and saw the prisoner coming over the ship's side with a jacket under his arm belonging to John Irwin, the carpenter—I asked him whose jacket it was—he said it was his own—I told him it was the carpenter's—I spoke to the officers, and gave the prisoner into custody—he was working on board the day before.
Prisoner. I was going to hang the jacket up. Witness. You were coming over the gangway of the vessel with the jacket in your arms.
ABRAHAM BOUTALL . I am a constable of the dock. At half-past three o'clock in the afternoon of the 24th of Aug. the prisoner was given into my custody for stealing this jacket—he said he went on board to get a draught of water, and went into the carpenter's berth, and took the jacket—he afterwards said it was distress that drove him to it.
Prisoner. Q. Did I not tell you that I took it up out of the wet on the deck? A. No, you did not.
Prisoner's Defence. I went on board the ship from on board the Diana, where I was at work, and she had no water; I went on board the Nepaul, and pumped up the water; this jacket lay down in the wet; I took it up, and was going to hang it up; the apprentice came on board, and accused me of going to steal it.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Two Months.
WILLIAM ROYOU . I am a wine-cooper, and live in Eastcheap. On the afternoon of the 26th of Aug. I put half a dozen of wine into a basket, and left it in my shop—I went into the counting-house, and made out the account—I was there five or six minutes, and when I returned my wine and basket was gone—I went to the station, and found the basket there—the wine was not there—this is my basket—I can swear to the marks on it which I did with my own hand.
Cross-examined by MR. PAYNE. Q. Where did you put it? A. On two two-dozen baskets, about four feet and a half from the door—some one was coming for it, and said he would be back in a few minutes—I missed it five or six minutes after I put it there—I know the basket because "WR" is marked on it with my own hands.
WILLIAM BUTCHER (City police-constable, No. 537.) On that afternoon I saw the prisoner going up Rood-lane with this basket, containing six bottles—I went across the road to stop him—when I got about three yards from him he threw the basket down, and tried to escape, but I took him to the station with the basket—the wine bottles were broken, and the wine lost.
Cross-examined. Q. Did you collar him before the wine dropped? A. No, I did not—he did not tell me that a well-dressed man had employed him
to carry it—he did not point out the person—it was about sixty or seventy yards from the prosecutor—all the wine was spilt, and the bottles broken.
GUILTY . Aged 27.— Confined Six Months.
WILLIAM DUGAN . I am shopman to Rowland Hooper, a linen-draper, in Oxford-street. On the evening of the 26th of Aug. I was serving in the shop—I had a wrapper containing some silk dresses, which I was showing to a lady—the prisoner came in, and took a seat by the counter—I left the counter to go to take a piece of silk to the door to look at, and while I was gone five silk dresses were gone from the counter—the prisoner was near the place, standing about a yard and a half from the counter—there was a young woman serving, named Jane Page—I saw the prisoner walking towards her—she purchased something from her, and I saw her tender some money to her across the counter—Page went to the cashier's desk to get change—Henry Adcock came, and spoke to me—in consequence of what he said I gave directions to two or three persons in the shop to watch the prisoner—I saw she had something under her cloak on the left hand side—I went up to her, opened her cloak, and said "What have you here?"—she said she had nothing—I saw three dresses had dropped from under her cloak, and I saw a fourth dress was dropping from her, and a fifth I took off her arm—I took them from her, placed them on the counter, and told her I should send for a policeman—she said she supposed that they must have fallen from the counter, she had not got them—she wanted to go out of the shop—I would not allow her to go, and told her I had seen her before on many occasions, and had suspected her before—she made no answer—I sent for an officer, and gave her into custody—these are the dresses—it is my master's dwelling-house.
Cross-examined by MR. BALLANTINE. Q. You told my Lord she made no answer when you said you knew her before, is that the fact? A. Yes—she did not—I swear that positively—I am as certain of that as I am of the rest of my story—at the station she said she had been in the habit of dealing at our shop for some time—this is my signature to my deposition—(read)—"I placed all the pieces on the chair, I said that it was enough, and the prisoner said she knew nothing about them; I told her I had seen her before, and had suspected her; and she said she had been in the habit of dealing at the shop for some time." That is true—she was about a yard and a half from the counter when I saw the pieces of silk—she had the appearance of a person in liquor.
HENRY ADCOCK . I am in the employ of the prosecutor. On the evening of the 26th of August I was in the shop and saw the prisoner—I saw her served with some print and calico—I saw something under her cloak—Dugan opened her cloak, and I saw this silk falling to the ground from under her cloak—I went for a policeman.
Cross-examined. Q. Were you on the other side of the shop? A. No—I was in the middle of the shop—I saw Dugan take part of the silk from her—I was behind her.
WALTER HARMAN (police-constable C 76.) I was called, and the prisoner was given into my custody for stealing five pieces of silk—she said she knew nothing of it—she seemed to have been drinking but was not drunk—she denied stealing the silk—she said she lived at No. 10, Rupert-street, Haymarket—I went there and inquired, but they knew nothing of her—the prosecutor's house is in the parish of St. Marylebone.
MR. BALLANTINE called
JANE MONK . I am married—I was in the shop in Oxford-street on Monday the 26th—I had an order for two bonnets—I went to match some silk—I saw the prisoner there with a mantle on—I am sure she is the person—I had never known her before—there was a young woman serving her with remnants of pink cotton—I saw a parcel of silks rolled up, and while the prisoner went to handle them I saw her open one and they fell to the ground—I saw her stoop to pick them up—when the shopman came round I could not see whether she had them in her hand or not—I saw her stoop—I heard the person who was serving her say to Dugan, "I do not think she intended to steal them"—I saw the prisoner lay down a half-crown to pay for what she had bought.
COURT. Q. What is your husband? A. A coachmaker—I live in Wilson-street, Long-acre—they were black silks that dropped—I noticed them on the counter.
NOT GUILTY .
JOSEPH FARR . I am a plaster-figure maker. On Saturday night, the 24th of Aug., at half-past ten o'clock, I was at the Swan public-house, in Swan-lane, Kensington—I met the prisoner with another person—the prisoner asked me to give her a drop of gin—I said I would—I took her to the Swan and treated her to a quartern of gin—after we had the gin I went to another public-house, of which I forget the name, and got two more quarterns of gin and two biscuits—I took out my purse to pay for this gin—I had two sovereigns and two half-crowns in it—I paid for the gin and put my purse in my pocket—we left the house all together—I walked down the road with the prisoner—the other woman came up and called her by name, and said, "The policeman is coming"—I and the prisoner were twenty yards a-head, walking arm in arm—we got opposite another public-house, and then I missed my money from my pocket—I took hold of the prisoner and the other, and called the policeman—he came up—he was behind me—he took hold of the prisoner's hand and took a sovereign and one shilling out of it—one sovereign fell at her feet.
Prisoner. Q. Did not the other woman take your arm up the road, and were not we both linked with you? A. Yes, but when I missed my money you were a good distance away from me.
WILLIAM TRUEJOHN (police-constable V 274.) About eleven o'clock on that Saturday night, I was on duty in Swan-lane—I saw Kelly at the corner of the Anglesea public-house—the prisoner and the prosecutor were together at the bottom of the place, about twenty yards off—I walked down the place, and Kelly ran down and said, "Jane, Jane, the policeman is coming"—and then Kelly and the prisoner came up the place arm in arm, and the prosecutor in the middle of them—after they passed me I heard a cry of police—I went up—the prosecutor said he had lost a purse, two sovereigns, and two half-crowns—I asked the prisoner where the money and the purse was—she said she knew nothing about it—I seized her right hand and said, "What have you got?"—she said, "Nothing"—I opened her hand and found a sovereign and a shilling—I heard something fall—I looked down and found one sovereign which she was trying to conceal with the gravel—I took it up and asked for a light, searched, but did not find the purse—it was afterwards brought to me by Lawrence—this is the purse.
noise—I went out with a light, and the purse was not found—the officer went away, and then afterwards I found this purse.
Prisoner's Defence. We met the prosecutor, he treated us; the half-crown that was found on me belonged to Kelly.
GUILTY . Aged 27.— Transported for Ten Years.
GUILTY . Aged 29.— Confined Twelve Months.
GUILTY . Aged 52.— Confined three Months.
2281. JOHN HUTCHINGS was indicted for stealing 1/4 lb. weight of indigo, value 10d.; 1/4 lb. weight of prussiate of potash, 6d.; 2oz. weight of argol, 1d.; 2oz. weight of laclake, 2d.; and 2 1/2 lbs. weight of indigo, 10s.; the goods of Daniel Jutson and another, his masters; to which he pleaded
GUILTY . Aged 19.— Confined Three Months.
GUILTY . Aged 30.— Confined Twelve Months.
JOHN ALDERSON PLUMMER . I live in Darlington-place, South warkbridge-road. On the afternoon of the 5th of Sept. I was informed something, and had this handkerchief produced—it is mine—I had at with me before that—I do not know how it came from me.
GEORGE SCOTT (City police-constable, No. 560.) On the 5th of Sept. I was on duty on London-bridge, and saw the prisoner take this handkerchief out of the prosecutor's pocket—I took it from him, and kept it in my own possession, and showed it to the prosecutor.
GUILTY . Aged 13.— Confined Four Months.
GEORGE LAMBERT . I am in the employ of Sarah Lambert, a coffee-roaster, in George-yard, Aldgate. On Saturday night, the 2nd of Sept., I put 14lbs. of coffee in the warehouse before I left—I put it into a paper bag, and put it on a bench in the corner—I came to the warehouse about six o'clock on the Monday morning, and found the coffee was gone and the bag left—I have examined some coffee produced by the policeman—I believe it is the same, it had been roasted, but not ground—it is my aunt, Sarah Lambert's, coffee.
away from the prosecutrix's warehouse—immediately he saw me he returned back again in another direction, down the yard—I followed him, and when I turned the corner of some stables, he was on the dunghill, stooping down apparently covering something over—I asked him what he wanted there—he said, "Nothing," but he was looking for bones—I stooped on the dunghill and saw some coffee—he ran off down the Minories, and up a court, where I followed, and apprehended him—I brought him back to George-yard, and then I looked at the bag which he had, and nothing was in it—the coffee was on the dunghill—he shook it out—it is here—I took the bag from him, gathered the coffee in it, and took it to the station.
GEORGE LAMBERT re-examined. I found my paper bag in the warehouse—I locked the warehouse when I went away, and when I came back it was locked up, the same as it was, but there was a window with no glass in it—there are no shutters to it—a person could not get in at the window, nor at the door, except by unlocking it—the coffee could have been got out without opening the door—if a person had a stick with a hook to it he might have got it out.
Prisoner's Defence. I was down this yard; the policeman asked me what I was doing; I told him; he said I had no business there; I went away; in ten minutes he came and took me back, took my bag, and put this coffee in, and said I took it; I had never seen it.
NOT GUILTY .
2285. WILLIAM FRANKLIN was indicted for stealing, from the person of James Ward, 2 bags, value 1s.; 24 sovereigns, 11 half-sovereigns, 3 crowns, 41 half-crowns, 80 shillings, 5 sixpences, and 2 10l.; and 3 5l.; Bank-notes; his property.
MR. PAYNE conducted the Prosecution.
JAMES WARD . I am a pig-dealer, and live at Drogheda, in Ireland. I brought some pigs from Ireland—I was at Leighton Buzzard, in Bedfordshire, this day three weeks—I had twenty-five pigs there—I saw the prisoner there—I sold two or three pigs to several persons—the prisoner came over to me, he sat down by me, and asked me if I was going to Ireland—I told him if I could sell all these pigs I would go that evening; and another man came and said what had I got—I said, "Eight pigs"—I said I wanted 24l.; for them—that man offered me 21l.;, and the prisoner said be would give me 22l.;—the man that bid me 21l.; said, "You shall have them," and he walked away—the prisoner did not want them, and I sold them to the other man on the Wednesday—the prisoner told me he should like to go with me to Ireland—I said if he would come with me I would do all in my power for him—we then had something to drink—we slept on Tuesday night at a public-house in Leighton Buzzard—the prisoner and I slept in the same house, but not the same room—the man who bought the pigs paid me 21l.; 10s. for them—one 10l.; note, and two 5l.; notes; one sovereign, and 10s.—t ey were country notes—on the Wednesday morning I sent the ostler with the two 10l.; notes, and the one 5l.; note over to the bank to get them changed for Bank of England notes—he brought me back two 10l.; and one 5l.; Bank of England notes—I took out my purse, which contained some sovereigns and two 5l.; notes—I put these two 10l.; notes and the 5l.; note into it, and put my purse into my left-hand waistcoat pocket—I went down to the rail-road to get home, and met the prisoner again—he asked me if I was going—I said, "Yes, I am"—he said, "You are time enough, you had better come
back and have a glass of gin"—I went, and when we got back to the station, I found the train was gone—we went up again to the town, and remained there some time, and then went down again—the train was coming up—the prisoner said he had some friends coming from Watford, and if I would go there with him he would Pay my expenses up and down—he brought me into the office, pulled out a purse, he found a sovereign, and paid our fares—I went by the up-train along with him—the policeman at the station at Leighton asked me where I was going—I said, "With this young man to Watford"—he said, "What business have you there?"—I said, "I have no business, I am going with this young man to see some friends"—he said, "Do not go with him, you are sure to be robbed"—the prisoner said, "He shall go with me"—the policeman said, "No, he shall come in the other carriage"—the prisoner said he would be d—d, but I should go with him, and pulled me into the carriage—I had been drinking—we got to London, and there the policeman wanted the tickets, and they found that they were only to Watford—we were sent back to Watford, and then the prisoner took me into a public-house, and we drank two noggins of gin there—then he took me to another house, and then to another house—after we came out of the last public-house he asked me if I would not go to see his friends—I said, "Yes, where is it about?"—he said, "Up the road"—we went up the road, and could see no house—he brought me on two or three miles, and it was getting late—I said I would go back, I did not like to travel by night with money in my pocket—he said, "What a d—d fool you are"—I said, "No, I will go back"—he said, "Come on"—I said, "No"—we heard a wagon coming along towards London—we remained till the wagon came up—the prisoner asked the wagoner where he was going, and he said to London—the prisoner said, before the wagon came up, that he wanted me to go to London to see his wife—he said he had a wife in London—we got into the wagon—we stopped at a public-house on the road—the prisoner asked me to come down and treat the wagoner with a quart of ale—we drank that—I drank three glasses of it—I am not accustomed to drink ale—we then got into the wagon again—after that I told the prisoner I did not know what had come over me, I felt very dead in myself—he told me to lay in the wagon, I should find myself quite well when I got to London—I think we got to London about half-past five—I had my money safe in my pocket when I went to sleep in the wagon, and when I awoke my waistcoat was loose, and the two purses were gone—I told the wagoner—I went out and found a policeman, and told him—I did not see the prisoner any more till he was taken into custody.
Cross-examined by MR. NEALE. Q. You told the wagoner, after you awoke in the morning, what had happened? A. Yes, I told him the gentleman who was with me last night had robbed me of 80l.;—I did not describe to him whether it was in gold or silver—when I went to sleep I had about thirty sovereigns, about 10l.; in silver, two 10l.; notes, and three 5l.; notes, about 75l.; in all—I had 74l.; 14s. 6d. in all—I never counted my money at all, as I received it I put it into my purse—I never turned the two bags out to count it, but I will swear to what I sold these pigs for—the last amount that I put into these bags was the two 10l.; notes, and the 5l.; note that the ostler brought me—that was about ten o'clock on the Wednesday—I drank at three houses in that town, after I put the notes into the bag—I did not count my money from the time of my putting these notes in, and going into the wagon—I had the bank-notes and gold on the left side of my waistcoat and the silver on the right, in two purses—I had first begun to put money in on the Tuesday morning—we were going to Birmingham and Liverpool, and
then to Ireland—I did not make a memorandum of the notes the ostler brought me—I did not take them out again—I have not seen them since—I did not wake up at all between the time of my falling asleep in the wagon, and waking in the morning—I do not remember the wagoner trying to awake me—no other conversation took place between me and the prisoner before I fell asleep—I do not know that any one touched me while I was asleep.
COURT. Q. When you awoke, did you see the prisoner? A. No, I never saw him at all—the wagon was stopping in the Ram-yard, Smithfield, when I awoke about half-past five.
THOMAS JAMES . I am ostler to Mr. Millard, at the Saracen's Head, Leighton Buzzard. On Wednesday, the 28th of Aug., the prosecutor gave me two 10l.; notes, and one 5l.; note of Grant's, the Leighton Buzzard Bank—he told me to get two 10l.; and one 5l.; Bank of England notes for them—I went and got them—as I was coming from the bank I looked at them to see that I had got them right, and I saw a private mark under the word "of"—when the notes were shown to me again, I noticed that they had the same marks on them—I gave the notes to the prosecutor—these two 10l.; notes, and this 5l.; note (looking at them) have those marks on them—these are the notes.
Cross-examined. Q. When you say these are the notes, are you only guided by these marks? A. I will swear that the notes I brought from the bank had got the same mark on as these have—I would not undertake to swear that these are the identical pieces of paper—if any one were to put their thumb over the marks I could not swear to the paper—the prosecutor asked me to go over to the bank to get the notes changed for Bank of England notes for them, and as he said that, he laid the notes on the table.
MR. PAYNE. Q. Do you believe these to be the notes, looking at the mark? A. Yes.
BENJAMIN WILLMORE . I am principal clerk in the Leighton Buzzard Bank. I remember Thomas James coming to change some notes—he brought two 20l.; notes and a 5l.; note of the Leighton Buzzard Bank—I gave him 25l.; in Bank of England paper, but I cannot say in what notes—these two 10l.; notes, and this 5l.; note have the private mark of our house, but whether they are the notes I gave to James I cannot tell—these notes have been through our house—we do not take the numbers of the notes.
Cross-examined. Q. How long have you been in that bank? A. Upwards of twenty-two years—the whole of that time it has been the custom of our bank to put this mark on their notes—these have passed through our bank, but I cannot say when—if you were to come and present a check for 25l.; and asked for bank notes, I should not understand you meant country notes—if any one asked for 5l.; notes we should give our own notes.
JOHN AUSTIN . I am a butcher and live at Berkhampstead. I was at Leighton Buzzard on the 27th Aug.—I saw the prosecutor there and bought two pigs of him—I paid him with two 5l.; Bank of England notes, and 1l.; 10s. in cash—I have the number of one of the 5l.; notes in my pocket-book—it was number 41792—this is the note (looking at it.)
Cross-examined. Q. Did you put that number at the time? A. I put it down on the Monday—that is all that enables me to swear to the note—I have not entered the date.
MR. PAYNE. Q. Was it a 5l.; note? A. Yes, and I believe this to be it.
JAMES ANDREWS . I am the driver of Mr. Hunter's wagon. On Wednesday night, the 28th of Aug., I was driving a wagon to London—I saw the prisoner and the prosecutor at the bottom of Stanmore Hill—I took them up
into my wagon—I did not take any body else up—I stopped at the George at Edgware, and we had two pots of ale—the prisoner and the prosecutor-got into the wagon again—the prosecutor was drowsy and laid down, and I believe went to sleep—I got to the Ram Inn, at Smithfield, between one and two o'clock on Thursday morning—the prosecutor did not get out of the wagon at all, from the time he got in after he had the ale, till the wagon arrived at Smithfield—when I got to the Ram the prisoner went away—the prosecutor remained in the wagon—when the prisoner went away I think it was nearly two o'clock—he said he should be back about seven in the morning, and he did come back—the prosecutor remained in the wagon till about five in the morning—when he got out he said that roan had robbed him of every penny lie had got, and what should he do—when the prisoner came back to me about seven o'clock he asked me where his mate was—the prisoner was then taken into custody.
Cross-examined. Q. When the prisoner went away did he pay you for the carriage of himself and his friend? A. Yes—he gave me 4s., which was the fair and proper remuneration, and he told me he should come back at seven o'clock—it was between one and two, or nearly two o'clock when he left me, about ten minutes or a quarter of an hour after I got to the Ram—he tried with me to arouse the prosecutor—we shook him and asked if he was going to get up—he said, "No"—we were close to him, and I can swear he said "No"—he did not answer any thing else that I heard—I was then in front of the wagon, outside, and the prisoner was in the wagon—I heard him speak to the prosecutor and ask him if he was going to get out, and the prosecutor said "No"—the prisoner then said, "Let him lie," and he went away—I then got in and laid down at the hind part of the wagon—the prosecutor was in the front of the wagon, and there were some paper parcels between us—I had not unloaded—I remained there till the prosecutor awoke, which was about five o'clock—he then got up, felt in his pockets, and said he had lost his money, that man had taken every farthing he had got—he searched his pockets, but he did not search in the wagon—I told him that the prisoner said he would come back at seven o'clock—he then went out and found the policeman—I did not remain in the yard—I only went just outside the yard—when the prisoner came back, a little before seven o'clock, he asked where his mate was, and I said, "He is gone out to look after you, and he says you took his money"—I did not mention the word robbed or robbery—the prisoner said, "He is a fool"—the policeman then came and took him—the prosecutor was at the police office—it was about nine o'clock at night when I took them up on the road—I was then in ray wagon, and when they got up I got down on the front about the shafts—I cannot tell how long it was before the prosecutor went to sleep—they were talking to each other after they got into the wagon—I cannot tell what they said—when we arrived in London and the prisoner went away I thought he was going to sleep in the house—when I bring passengers to London, if they arrive at night, it is customary for them to go to bed, not to remain and sleep in the wagon.
COURT. Q. When you got to Smithfield, and went into the back of the wagon, did you go to sleep? A. Yes, and the prosecutor was in the front of the wagon.
THOMAS BROWN (City police-constable, No. 215.) In consequence of information from the prosecutor, on the morning of the 29th of Aug., I looked out for the prisoner, and found him in Smithfield—I asked him if he had been in company with an Irishman—he said he had—I told him the Irishman had been robbed of 80l.;, and charged him with it—he said the Irishman was a d—d liar—I told him he must go with me to the station, which he did—the
prosecutor then said, "That is the man that robbed me"—I searched the prisoner, and found on him a bag containing 34l.; in gold, 2l.; 8s. 6d. in silver, and 2d. in copper, and a key of a trunk—he said he lived in Whitmore-road Hoxton—I went and searched that place, and when I came back he said the key belonged to a trunk which was gone to his father's, at St. Neots—I left the key at the station, but I have seen it since—this is it—I can swear it is the same key I got from the prisoner.
Cross-examined. Q. Have you had the custody of all the money since? A. It has been at our Commissioner's office.
GEORGE KEMP (police-constable N 82.) I went to the White Horse, in Pitfield-street, on Friday, the 30th of Aug.—I received from Mr. Wells, the landlord, this box, which I produce—I took it to the Smithfield station-house, and opened it with this key, which was given to me there—the box it directed "For William Franklin, pig dealer, St. Neots, Huntingdonshire"—I found in the box a quantity of male apparel, in coats, trowsers, and so on—I found 7l.; 13s. in crowns, half-crowns, shillings, and sixpences—I searched the pockets of the clothes, but found nothing—I then took up this coat, and felt something crimp in the sleeve of it—I looked, and found it had been unripped between, the lining and the sleeve—I put my fingers in, and found the three 5l.; notes and two 10l.; notes which I have produced to-day, and which the witnesses have seen—I marked the notes.
ELLEN CLARK . I live with Mr. Wells, a publican, in Pitfield-street, Hoxton. About six o'clock on Thursday morning, the 29th of Aug., the prisoner came and brought this box—he wrote this direction on it—it was not corded up when he brought it, but he corded it there, and asked if he could leave it to be taken care of—I told him he could if he left it inside the bar.
JURY to THOMAS BROWN. Q. Did the prisoner give information where the box was after he was in custody? A. He never named about the trunk till we had been to search his house—he was then asked what that key belonged to which I had found on him—he said it was the key belonging to a trunk which he had sent to St. Neots—he did not say the box was at Mr. Wells's—he said it was at a public-house, but he did not know the name nor the sign—he said it was at a public-house at Hoxton, and he offered to go with us—I named it to the Alderman, and an advertisement was put in the paper, and the box was brought to the station—I found that his address which he gave me was correct—we went, but found nothing there—the landlady said he had gone out about five o'clock that morning with a trunk—it was a private house.
(Joseph Hilsley, publican, St. Neots; and John Armsby, inn-keeper, Deane, in Bedfordshire; gave the prisoner a good character.)
GUILTY . Aged 21.— Transported for Ten Years.
NEW COURT.—Wednesday, September 18th 1844.
Fifth Jury, before Mr. Recorder.
MESSRS. BODKIN and DOANE conducted the Prosecution.
JOHN BRIERLY . I am a beer-seller, living in High-street, Portland-town. On the 2nd of Sept. the prisoner came to my house at half-past eleven o'clock at night, and asked for a pint of half-and-half—he asked me if I had any
tobacco—I said, "Yes"—he then asked me if I had any cigars or cheroots, and he had a cheroot—he presented the appearance of a person in liquor—he took a purse out of his pocket, took six or seven half-crowns out of the puree, and put them on the counter—he took one of them out, and gave it to me—I gave him 2s. 2d. change—I put the half-crown into the till—there was no other silver money there—I took the 2s. from my pocket—another man came in and drank some of the beer with the prisoner, and they left the house together—they remained about ten minutes after the money had been paid—the prisoner asked the other man if he would have any more—I said he had better not have any more, and requested the other man to take care of the prisoner—they went out, and I went to the door—the prisoner then appeared to me to walk upright and steady, better than a man would who was in liquor—I saw him turn into Mrs. Tidd's shop, which is in the same street—I do not know whether the other man went into Mrs. Tidd's—I went into ray house, and in a little while a little girl came from Mrs. Tidd's, brought a half-crown with her, and asked me for change—I took it up, and gave her 2s. in silver and 6d. in copper in change—she then went away—I held the half-crown she brought in my hand—I was considering—directly after she was gone Mr. Tate came in, and from what he said my attention was drawn to the half-crown I took from her—I looked at it, and found it was bad—I drew out the till, and looked at the half-crown I had taken from the prisoner, and saw it was a bad one—there was no other silver in the till—I then went to Mrs. Tidd's, and took both the half-crowns—I found the prisoner there—a constable came in, and he was then taken into custody—I gave the two half-crowns to the constable—these are them—this is the one I took from the prisoner—there is a small crack under the head—I noticed it at the time I took it out of the till—when the prisoner was about to be taken into custody he made a very violent resistance, kicked me under my chin, and cut my chin open—while the struggle was going on he asked for his change, and then he asked for his money—when I got to the house I said the half-crowns were bad—the prisoner was near enough to hear what I said—I cannot any whether he did hear it or not.
Cross-examined by MR. PAYNE. Q. You were not addressing the prisoner when you said they were bad? A. No—I cannot say what he was doing at the time—when he was in my shop he took up this money, and was holding it up and down, singing and making a noise.
SUSANNAH TIDD . I am the wife of James Tidd, who keeps a beer-shop in High-street, Portland-town. On the 2nd of Sept., about half-past eleven o'clock at night, the prisoner came for a pint of half-and-half—it came to 2 1/2 d.,—he took a purse out, and threw half-a-crown down on the counter—it rolled down on the floor—my little girl picked it up—another gentleman came into the shop—the prisoner had his purse in his band—he shook his purse at the man, and said, "Why don't you do it like this?"—the other man stopped some time till Brierley came in, when he went away—I took the half-crown from my little girl, examined it, and in consequence of some suspicion I sent it to Brierley, and told her to tell him to look at it—she took it, and brought the change—I then was not satisfied, and sent Mr. Tate to Mr. Brierly again to tell him to look at it—Brierly and Tate returned, and I left the two half-crowns with Mr. Brierly.
Cross-examined. Q. Your little girl brought back the 2s. and 6d. in half-pence? A. Yes, and then I sent Mr. Tate back, and gave him the change in his hand.
beer—after he had been in a little while another man came in, and my mother gave me half-a-crown to take to Mr. Brierly—I took the same one my mother gave me, and gave it to Brierly.
JOSEPH WILLIAM TATE . I was at Tidd's house that night—I remember Tidd being sent out, and returning with the change—I received some instruction, and went to Mr. Brierly—I returned with him to Mrs. Tidd—I told the prisoner he ought to be ashamed to come offering bad money in a place where he was known—he made a snap at me to try to get the half-crown—I said he should not—we struggled some time—he got down and I too—the other man said the prisoner should not hit me, and then he himself made a bolt—the officer came in—the prisoner said he had done him, for he had swallowed six half-crowns and two shillings.
WILLIAM FLANAGAN (police-constable S 41.) I was called in, and saw the prisoner—he said, "You are come, I have done you, I have swallowed six half-crowns and two shillings"—I found this purse in his pocket with six good half-crowns in it and one penny-piece—he resisted very much—we had to handcuff him.
(The prisoner received a good character.)
GUILTY . Aged 31.— Confined One Year.
MESSRS. ELLIS and DOANE conducted the Prosecution.
ANN GOULD . I am barmaid to Mr. Cosson, who keeps the Blue Last, in the Curtain-road. On Sunday evening, the 18th of Aug., the prisoner came to my master's shop for 1 1/2 d. worth of gin—he gave me a bad half-crown—I saw it was bad, and handed it to my master.
HENRY COSSON . I keep the Blue Last, in the Curtain-road—Gould is my servant. On Sunday evening, the 18th of Aug., I received a half-crown from her—the prisoner was at the bar—I went to him, and said, "This is a bad half-crown, have you got any good money about you?"—he gave me a good half-crown—I gave him change out of it—I kept the bad half-crown, and said, "Have you any more of these about you?"—he said, "No"—I said, "I shall keep this"—he said I bad no right to keep it—I said, "I must call in a policeman," which I did, who took him, and searched him in my back parlour—there was nothing found on him but the 2s., 4 1/2 d. which I had given him.
HENRY CHAMBERS (police-constable G 21.) I was called in that night, and took the prisoner—Mr. Cosson gave me the change—the prisoner had laid it on the table when I went in—I took the prisoner to the station, and he was allowed to go at large—I saw him in custody on Wednesday, the 21st—he was then under examination before the Magistrate, and I sent for Mr. Cosson.
ANN GUNNING . I am the sister of James Gunning, who lives in Hertford-place, City-road—I serve in his shop. On the 20th of Aug. the prisoner came into the shop about four o'clock, for half an ounce of tobacco—he gave me a bad half-crown—I noticed that it was bad directly—I called my boy, and told him to show it to Mr. Harris, and I told him in an under tone to fetch a policeman—the boy took it out, and returned in a minute or two with the half-crown—the policeman came in directly, and stood close to the prisoner—I said the half-crown was bad—the prisoner said he was not aware of it—I said I would have him tried for it—I gave the half-crown to the policeman, and he took the prisoner into custody.
Prisoner. She went and whispered to the boy, and then he took the half-crown out to the baker's. Witness. I did whisper the boy to fetch a policeman, because on the Friday before I had taken a bad half-crown—I told the boy to show the half-crown to Mr. Addey—I do not recollect what sort of a head was on the half-crown—I had noticed that the colour of it was bad directly I saw it—I put my tooth to it.
JOHN FORDER . Miss Gunning called me into her shop—I saw the prisoner there—she gave me a half-crown to take to Mr. Addey, the baker—he told me something after he had looked at it, and gave it back to me—it was the same I had received from Miss Gunning—I did not lose sight of it—I gave it back to my mistress—I went for a policeman, who came and took the prisoner into custody.
Prisoner. I should like to know where you took it to first; you came back and said it was bad, then she told you to go to the baker's; you were gone five minutes. Witness. No, I was not—I went first to Mr. Addey, the baker's, and nowhere else.
JOSEPH FERNS (police-constable N 244.) On the 20th of Aug. Forder took me to Mr. Gunning's shop, and I received this half-crown from Miss Gunning—I apprehended the prisoner, and found on him a good half-crown and a halfpenny.
Prisoner's Defence. I had two half-crowns and one halfpenny when I went into the tobacco shop; the one I gave her was a good one; I saw Mr. Addey standing at his door looking at it with another man; I am positive the one I gave was a good one, because since I was first accused I have bitten my money when I took it; I sell a little fruit in the street.
JOHN FORDER re-examined. Mr. Addey's shop is at the corner of Edward-street—I took the half-crown to him, and be smashed it with a weight—I am sure it was the same one that I gave him, though its appearance is altered.
HENRY COSSON re-examined. The prisoner had one good half-crown on the 18th, which I took my demand out of, and gave him 2s., 4 1/2 d. out of it—I did not notice whether that and the bad one were of the same reign, but I noticed that the bad one was a very good impression, and would deceive a person who was not in the habit of taking a great deal of silver—it was very light, and that was what drew my attention to it.
GUILTY . Aged 21.— Confined Six Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
MARTHA STEVENS . My husband lives in Jeffries-square, St. Mary-axe. On the 16th of Aug. the prisoner came to our house—he asked for the last four numbers of the "Sailors' Magazine"—they came to 6d.—he gave me a crown-piece, and I gave him 4s. 6d. in change—he then went away—I am sure he is the person—I saw him again at Guildhall—I took the crown-piece he gave me up stairs, wrapped it in paper, and put it under a bowl—there was no other silver there—it remained there till the 3rd of Sept.—I showed it to Mr. Brown the next morning—he took it in his hand, and gave it me back again.
Prisoner. Q. What suspicion might you have of the piece? A. After you were gone, I found it was a bad crown—I compared it with a shilling, but not having my glasses, I did not discover it till after you were gone—I then took
it up stairs, and placed if under the bowl, and the next morning Mr. Brown saw it—it looked darker than the shilling.
MARIA LOUISA STEVENS . I am the daughter of Martha Stevens—I was not at home when this happened—I returned home on the 30th of Aug.—On the 3rd of Sept. I gave Mr. Brown the crown-piece, which I took from under the bowl—it was wrapped in paper.
THOMAS ROYLE BROWN . I am assistant-secretary to the British and Foreign Sailors' Society. On the 17th of Aug. Mrs. Stevens showed me a crown-piece in the morning—I gave her the same crown-piece back again——I did not see it again till the 3rd of Sept., when I went again, and saw Miss Stevens—the crown-piece was given to me, wrapped up in paper—I marked it, and gave it to Owen, the policeman—on the 2nd of Sept. I received a crown-piece from Mr. Talbot—I gave that also to Owen.
CHARLES WEATHERLEY . I am secretary to the Drapers' Association—my residence is at one of their offices in Ferdinand-street, Camden-town. On Wednesday, the 21st of Aug., the prisoner came for a 1s. edition of the Prize Essay, which has recently been published on late hours of business—I was looking for one when he spoke of a dollar which he wanted changed—I told him to produce it, and he produced a counterfeit crown-piece—but not wishing to let him know that I thought it was bad, I gave it to my servant to get change—she came back to me, and I gave her direction, in an under tone, to get a policeman—I kept the crown which she brought back to me, and did not lose sight of it till I gave it to the policeman—I gave the prisoner into custody.
Prisoner. Q. Where was it marked so that you could identify it? A. It was not marked till it was at the station, which might be half a mile from my house.
RICHARD NEELD (police-sergeant S 3.) I took the prisoner—I found nothing on him—I received this crown-piece from Mr. Weatherley—the prisoner was taken to the office, he was remanded, and was discharged on the 29th.
RICHARD FIELD . I am collector to the Society for the Protection of Young Females. On the 2nd of Sept. the prisoner came to that institution about one o'clock, and requested to be supplied with Mr. Talbot's work on the miseries of prostitution—the selling price of the work is 1s. 6d.—I gave him the book, and he gave me a crown-piece—not having change, I gave the crown-piece to Mr. Stolworthy—it was discovered to be a bad one, and the prisoner was detained.
GEORGE EDMUND STOLWORTHY . I am clerk to the Society for the Protection of Young Females—I received from Mr. Field the crown-piece, which was brought by the prisoner—suspecting it to be a bad one, I said, "I will go and get change"—I took it into the next room to Mr. Talbot, the secretary.
Prisoner. Q. Did you not say that you wished you had a pocket-full of them? A. No, I never thought such a thing.
JOHN OWEN (City police-constable, No. 452.) On the 2nd of Sept. I was called into the office of the Society for the Protection of Young Females—I found the prisoner and Mr. Brown there—I received this crown-piece from Mr. Brown—I took the prisoner to the station—I found nothing on him but an old tobacco-box, some books, an address at Notting-hill, and some addresses
of stationers' shops—I received this other crown-piece from Mr. Brown on the 7th of Sept.
GUILTY . Aged 26.— Confined One Year.
THOMAS HYDER . I had a standing in Farringdon-market on the 20th of Aug.—I had a basket of potatoes, safe at eleven o'clock, and when I returned at three they were gone—I afterwards met the prisoner in Field-lane, and charged him with taking a sieve of potatoes from my stand—I went to a shop, and the prisoner followed me there—the man who kept the shop charged the prisoner, in my presence, with having brought the sieve and potatoes there, which he produced—my sieve had my name on it, and from the quality of the potatoes, which are a mixture of red ones, and the name on the sieve, I have no doubt that it was the sieve and the potatoes which were in my shop—this sieve is mine, because my name is on it—I missed it on the 20th, and found it on the 22nd.
FRANCIS FENTON . I keep an eating-house in Field-lane. On the 20th of Aug. the prisoner brought me a sieve of potatoes, between one and two o'clock—the name of Hyder was on the sieve—the prisoner wanted 2s. for them, and said they were a few he had left—I gave him 1s. 9d. for them—I believe he attends the market—I have known him, and bought of him before.
Prisoner. I bought them of a man in Farringdon-street; he said he wanted the sieve back, and Mr. Fenton said I could have the sieve presently.
Witness. I said I would let him have the basket back.
BENJAMIN CLOVER . I am in the employ of Mr. Hyder. I was at his stand on the 20th of Aug., about three o'clock—I saw the prisoner come and lift the cover from the potatoes—I asked him what he wanted—he gave me no answer, and went away—I did not sell him any.
Prisoner. He has hundreds of these sieves; this sieve is his, but he cannot swear to the potatoes; I have worked at the market five or six years.
GUILTY . Aged 34.— Confined Two Months.
2290. JOHN COCKRAN was indicted for stealing 2 pairs of shoes, value 2s. 6d.; and 2 pairs of boots, 4s.; the goods of Edward Robert Ashton: and MERCY COCKRAN , for feloniously receiving the same, well-knowing them to have been stolen; against the Statute, &c.; to which
JOHN COCKRAN pleaded GUILTY .
EDMUND ROBERT ASHTON . I am a shoemaker, and live in Hackney-road. John Cockran was my errand-boy—he went to school, but came to me when he was not at home—Mercy Cockran is his mother—on the 20th of Aug. I found two pairs of boots at Mrs. Hodges', in the Hackney-road, and one pair of boots at Mrs. Hockley's, and one pair Mrs. Foster brought to me—John Cockran was in my service at that time—I had not sold either boots or shoes to these parties—my wife and I sell boots—these are in a state to sell, and in a perfectly fit state to be sold—some of them have a stamp on them—these are the two pairs of boots and two pairs of shoes.
Cross-examined by MR. O'BRIEN. Q. How long have you known Mercy Cockran? A. She is quite a stranger—I never saw her before.
EMMA HODGES . I am the wife of John Hodges, and live in Clarence-place, Hackney-road. I have known Mercy Cockran two or three years—on Friday, the 23rd of Aug., she came to me, and said she had got a boy at a shoemaker's in the road, and sometimes they had soiled shoes to sell cheap—I said, "If he has, he may bring them over to me, as they will do for my children as well as the best"—John Cockran was standing by her side at that time—on the Monday after John brought me a pair of boots, and said would they do for my children—I did not see those shoes in possession of Mercy Cockran—I had no dealings directly with her, and never saw any shoes in her possession.
MARY ANN FOSTER . I am the wife of James Foster, and live in Little Cambridge-street, Hackney-road. On the 28th of Aug. there was a knock at the door—John Cockran came with a message—while he was in conversation with me Mercy Cockran came up—John had some boots with him—when Mercy came up she said, "Don't be afraid to buy them, Mrs. Foster; I have two little pairs of shoes I intend to keep myself; I don't like Adelaide boots; I thought they might fit one of your children"—I began to try them on—these are them—I was not willing to buy them—I thought they would be of no use to me—she said, "The money is nothing, they are only 8d., if you keep them to lay by"—I looked at them again, and measured my children's shoes—I put them on again, and took them off again—the same evening Mercy Cockran came to me, and said she had got a very unpleasant piece of news for me, as her wicked little boy had stolen the boots—I said, "My little girl has got them on, as soon as she comes home I will send them to you"—she said, "I took the 8d. back to Mr. Ashton myself."
EDMUND ROBERT ASHTON re-examined. Mercy Cockran brought me the money, and informed me that she had discovered that her son had stolen the boots, and she was sorry about it—she acknowledged to receiving two pairs of shoes herself, and being accessory to the sale of a pair of boots to Mrs. Foster—I took the 8d. back to Mercy Cockran, and said, "Let me know what has been taken, I must do something with this boy," and then I went to Mrs. Foster—I sent for Mercy Cockran, but I do not think she knew that John had stolen the shoes.
MERCY COCKRAN— NOT GUILTY .
2291. JOHN COCKRAN was again indicted for stealing 1 pair of shoes, value 15d., the goods of Edmund Robert Ashton, his master; and MERCY COCKRAN , for feloniously receiving the same, well-knowing them to have been stolen; against the Statute, &c.
JOHN COCKRAN pleaded GUILTY . Aged 12.— Confined One Month, and Whipped.
No evidence. MERCY COCKRAN— NOT GUILTY .
2292. ROBERT CARTER was indicted for stealing, at St. Mary, Islington, 32 spoons, value 4l.; 10s.; 9 forks, 2l.; 10s.; 2 knife-rests, 5s.; 1 fish-slice, 5s.; 1 butter-knife, 3s.; and 1 pair of sugar-tongs, 2s.; the goods of Samuel Silver Garrett, in his dwelling-house.
MATILDA PARNELL . I am servant to Samuel Silver Garrett, who lives at No. 17, Tollington-park, in the parish of St. Mary, Islington—it is his dwelling-house. At half-past two o'clock in the afternoon of the 28th of
Aug. I went down into the kitchen, and saw the prisoner getting out of the window—my master's plate-box was on the table, close to the window—it had been removed there from the cupboard—there was a handkerchief over it—the prisoner jumped over the fence, and went out at the next door neighbour's gate—I called, "Stop thief," and he was brought back—there was no one in the house previously but myself and a child—I had been in the kitchen at two o'clock, and had taken a spoon out of the tray in the cupboard—I cannot say exactly what number of spoons were in the box, I should think about twenty—the property was worth about 8l.;
Prisoner. Q. When I got out of window, which way did I turn? A. To wards the steps, to the right—I said, "You good-for-nothing vagabond!" and you got over the fence—you did not stand half a second before I was out after you—you were with your body half over the fence.
THOMAS BOORMAN . I am a gentleman's servant, and live in Terrace-road, Islington. I was passing No. 17, Tollington-park, and saw the prisoner coming out of the kitchen—he got over the fence of No. 18—I heard a cry of "Stop thief"—I followed him, and saw him running away—he was stopped by Line.
Prisoner. Q. Which way did I turn when I came out of the kitchen? A. To the left, and got over the fence.
SAMUEL LINE . I was in Tollington-park on the 28th of August. I heard a cry of "Stop thief"—I then turned round and looked, and saw the prisoner running towards me—I said before he came up to me, "Are you the person they are hallooing after?"—he said, "No; I have done nothing, it is not me they want"—when he got opposite me, I caught hold of him, and said, "You must stop, my man, till I know whether it is you they want, or not"—he said, "It is not me they want"—Boorman then came up and said he had come out of the window of Mr. Garrett's house and had stolen the plate; that the servant saw him, and cried "Stop thief!" and away he bolted—I took him, and took him back, and the servant stood at the gate with the box of plate—she said, "You villain, this is what you would have robbed me of if I had not seen you"—I was then ordered to take him to the policeman—I took him to Highgate station, and gave charge of him.
JOHN FARR (police-sergeant S 63.) I took the prisoner into custody on this charge—this handkerchief was round the tray at the time—the prisoner had no pocket-handkerchief on him—he said he had not been in the house at all—he said the servant called for him to stop, as he supposed—he did not know that she was calling after him, and the witness stopped him and brought him back.
(Property produced and sworn to.)
Prisoner's Defence. I have been out of employ for some time, and went to the next house to ask for relief, and then the servant hallooed out "Stop thief;" I was brought back, and taken to the station-house.
GUILTY . Aged 18.— Confined One Year
WILLIAM BASTIN . I live in Gibraltar-walk, Bethnal-green. On the 12th of Aug. I was at home, and noticed the prisoner looking at some chairs—he asked me the price of them—I told him 14s.—he represented his name as John Ward, of No. 2, Swan-street, Minories, and that he kept a cabinet-maker's shop—he asked me if I would bring them home—I said, "Yes"—he said he would meet me on the road in half an hour—he met me, and asked me to carry them to the next street, where he had sold them—I did so, and when
I got within three or four doors of the house which he took them into, he told me to stop, and he took them in to Mr. Lazarus—he came out again, and said in half an hour's time Mr. Lazarus would get change and pay me—we waited about—then the prisoner went in again, and said, Mr. Lazarus could not pay to-day, but he would to-morrow—I said that would not do for me—I went in with the prisoner, and Mr. Lazarus said he had nothing to do with me, he had ordered the chairs of the prisoner, but he did not tell me at that time that he had paid the prisoner for them—the prisoner then said, "You will pay Mr. Bastin for the chairs to-morrow"—we both came out together, and the prisoner said, "What time will you meet me to-morrow?"—I told him, and he made an appointment to meet me at two o'clock the next day—I went there and waited till half-past three—the prisoner did not come, and I went to where he told me he lived, and he never lived there—I then went back to Mr. Lazarus, and said to him, "I am afraid that man has done me out of the chairs, and you will not do wrong to pay me if I give you a bill"—he then produced a bill of the prisoner of the chairs sold to him for 13s., which was 3s. less than the prisoner was to give me for them—I told him I would lose no time nor expense in finding the man, and on that day fortnight I found the prisoner, and gave him in charge—Mr. Lazarus did not say in the first instance that he had paid for them, but, on the contrary, said he would pay when we came together—day after day he told me that—then he produced the bill representing that he had paid for them at the time.
LEWIS LAZARUS . I paid the prisoner for the chairs, and in half an hour afterwards he returned, and returned me the money to take care of till the following morning—I was induced to pay the prisoner, in consequence of his owing me 3s. 9d.
COURT. Q. I dare say you will feel that you have not a moment to lose in paying for them now? A. If I am authorized to pay for them, I have not the slightest objection to pay the prosecutor—it is not proper that he should be at the loss of them—I have no objection to paying for them—(doing so.)
NOT GUILTY .
2294. ELIZABETH MATTHEWS was indicted for stealing 1 bottle, value 3d.; and 1 1/2 pint of wine, value 4s. 6d.; the goods of Margaret Laird, her mistress: and ELIZABETH HARFORD for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MARGARET LAIRD . I am a widow, and live in Rodney-terrace, Mile-end. Matthews was my servant, and Harford has been in the service of Mr. Hall, next door to me, for three or four years—I have lost wine from my cellar, from time to time—I had the bottles of wine counted, and laid in rows; and on the 28th of Aug. I missed one bottle—the cellar-door is kept locked, and the key of it is kept in a drawer—I called Matthews into the parlour, and told her she had been into the cellar, and had got wine—she told me that Mr. Hall's servant gave her a key to get into the cellar, which she had got from my last servant, who had given her wine, and different things before; and the bottle of wine which she took that day they drank part of over the wall, and the remainder they put into a pint bottle, and took it into Mr. Hall's—she said she had not had above a couple of glasses of it, and the rest Mr. Hall's servant had over the wall—it was port wine—I kept the key of the cellar in a drawer—I found a key in the servant's room, which I brought down, and tried to the cellar-door, and it opened it directly—I found it in a pocket belonging to Matthews.
Cross-examined by MR. BALLANTINE. Q. Did you charge Matthews with stealing the wine? A. Of course I did—I asked her how she got the wine
out of the cellar—those were the words I used, and then this conversation took place—I did not tell her I had counted my wine—no one lives in the house with me—I have a son, who is a stationer—he is with me of an evening—I do not know a person named Christopher—I cannot tell how many bottles of wine I had, but they were laid fifteen in a row—they were all right at twelve o'clock one day, and the next morning one of them was missing—it was my own wine, purchased and paid for by me—I cannot tell whether any part of it was in the house before my husband died—we had some in the house then—I cannot tell whether this bottle was one of the older or the newer wine—Christopher was a person connected with the Custom-house—I believe he is now at Calais—I heard there was a charge against him—I cannot tell whether any of this wine came from him—I had half a pipe at two different times—I paid the man who sold the wine—I believe Mr. Chandler was the last who got wine for me—I cannot say whether this was any that Mr. Chandler got—I cannot say how much wine I have now—my son has not access to my cellar—very likely some of this wine was brought into my cellars by Christopher—I do not know that he was the person who put the wine into the cellar, nor whether it was from him or not—he was paid for some wine some years ago—I have not had dealings with him for wine within these two years—I never dealt with him at all, nor paid him at all—my son paid him, as he has other persons—I am not keeping any wine for Christopher—he is not a wine-merchant.
HENRY MILSTEAD (police-constable K 208.) I took the prisoners into custody, and searched their boxes—when I was searching a drawer in the kitchen at Mr. Hall's, Harford brought me this pint bottle—she said, "Here is the bottle, I had the wine"—the bottle smelt of wine—I took the bottle and Harford to the prosecutrix's—Matthews said, "That is not the bottle, it was a quart bottle"—Harford said, "This is the bottle"—neither of them denied that Harford had had wine of Matthews.
NOT GUILTY .
WILLIAM FOSTER . I am shopman to Mr. George Foster, a stationer, in Fenchurch-street. About two o'clock on the afternoon of the 17th of Aug., I saw the two prisoners, with another person, at the foot of London-bridge—I watched their movements, and saw them follow Mr. Hammond—I saw the back of Brown's arm, as though his hand was going into Mr. Hammond's pocket, but they pressed against two females at the time, so that I did not see the handkerchief pass, but directly afterwards the prisoners turned round, and ran away—I went and spoke to Mr. Hammond, and pointed out the prisoners—I followed the officer, and he took them—I did not see the handkerchief picked up, but I saw it after it was picked up—I did not see the handkerchief on the spot where the prisoners were taken into custody.
Brown. Q. Did you see me take the handkerchief out? A. I saw the back of your arm—I did not see you take the handkerchief.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. By my initials marked on it with silk—I cannot say how long before I lost it I had it.
going in a direction towards Billingsgate-market—they were running and Wilson was following them—I stopped Brown, and White was stopped by my brother officer—as we were going down Botolph-lane, I observed White put his hand into his pocket, take out this handkerchief, wipe his nose with it, and throw it into a passage—I had got White at that time—I had stopped Brown, but I took White into custody.
Cross-examined. Q. You stopped Brown? A. Yes, and Wilson took White, but White was given into my custody, and I gave Brown up—I took up the handkerchief.
Brown. I was going along, and the officer took hold of me—I asked him what he wanted, and he said I knew.
SAMUEL WILSON (City police-constable, No. 515.) I noticed the prisoners together in Thames-street—I followed them, and took White into custody—as we were passing Botolph-lane, I saw White throw this handkerchief down, and my brother officer took it up.
WHITE*— GUILTY . Aged 24.
BROWN— GUILTY . Aged 17.
Transported for Ten years.
WILLIAM JOHN CHALKLEY . I am in the employ of Mr. John Edward Evans. I was drawing a truck with some parcels in it in Cheapside, on the evening of the 23rd of Aug.—I was near the corner of Gutter-lane—I had three parcels in the truck, and was going to deliver them at different booking-offices—just as I got to the corner of Gutter-lane I felt the handle of the truck give a sudden jerk—I turned and missed the middle parcel out of the truck, and I saw the prisoner—I dropped the truck and pursued him—he threw the parcel down in Gutter-lane—I passed by the parcel and pursued the prisoner—he was stopped in a turning near Gutter-lane, by a young man belonging to one of the warehouses—we brought him back to Cheapside and gave him to a policeman—the parcel contained thirty-two printed books, and some printed music.
Cross-examined by MR. PAYNE. Q. Where were you? A. In Cheapside—I was going to deliver a parcel at Gerrard's Hall—I cannot say whether I had got beyond Gutter-lane or not—I was about the centre, or as near the corner as possible—I cannot tell the name of the street in which the prisoner was stopped—the person who stopped him is not here—there is no other witness here who saw anything of it but me—there was a lad saw it, but he is not here—sometimes a parcel of that size contains 30l.; or 40l.; worth of property—I should have lost my character if I had lost that parcel—I was about a dozen yards from the prisoner when he dropped the parcel—there were other persons after him and me, but I was close on him—there were no persons running a head of me with the exception of the prisoner, and no person coming the other way that I observed—I was flurried, but I kept my eye on the prisoner—I was behind him just before he was stopped.
COURT. Q. How near were you to him when he dropped the parcel? A. Ten or a dozen yards—I was not near that distance from him when he was stopped—I am sure I did not lose sight of him—it was about seven o'clock in the evening.
gave the prisoner in charge—this is the parcel—the prisoner was stopped by a porter I believe, but I did not see any one but Chalkley with him.
GUILTY .* Aged 22.— Transported for Seven Years.
WILLIAM BIDGOOD . I am a cabinet inlayer, and live at No. 38, Short's-gardens, Drury-lane. On the 24th of Aug., I arose about half-past five o'clock—I looked out of my window and saw the prisoner on a building under my window—I saw him roll up the lead and throw it into the yard—as soon as I could get my shoes and stockings on I went down and heard something very heavy roll down the kitchen stairs—I came down and told Mr. M'Carthy—t e prisoner came into the passage and said he would make it all right—he said he had been running after the man—I know the prisoner, and I know he is the person who was rolling up the lead.
WILLIAM M'CARTHY . I live at No. 40, Short's-gardens, and am a greengrocer—I am tenant under a lease of the premises—Bidgood came to my window on the 24th of Aug.—he knocked me up and told me what had happened—I went up to the landing of his house, and out of the window by the side of the landing, I saw that a quantity of lead had been ripped from a flat on the house which I inhabit—I was going down into the entry and saw the prisoner in the street—I asked him what made him up so early—he told me he had been running after the person that took the lead off the house—Bidgood came up and said, "You are the very man that pulled the lead off"—I called the policeman, and he asked him where the lead was—he said it was down in the cellar, and they found it there—the lead that was found was fitted to the place it was taken from, and it fitted it—it had been fixed to the place.
WILLIAM BOWYER (police-constable F 139.) I was on duty near Short's-gardens about half-past five o'clock in the morning of the 24th of Aug.—I went to the prosecutor's house—the prisoner came in the passage just as I got in, and the prosecutor came in a little time after—Bidgood fetched me, and told me in the prisoner's presence that he had been taking the lead off M'Carthy's house—the prisoner said he had been after the man that had done it—the prosecutor gave the prisoner in charge for taking the lead—I told the prisoner I had seen him at twenty minutes before five, and if he had gone home this would not have happened—he said he should not have done it if he had not been drinking—I saw the lead at the bottom of the kitchen stairs, at No. 38, and found a jacket, a waistcoat, and cap on the ledge near where the lead had been—I brought them to the prisoner and he claimed them and put them on—I saw some marks of shoes on the water-butt—the lead corresponded exactly, with the place where it bad been taken from—the house is in the parish of St. Giles-in-the-Fields.
Prisoner's Defence. I had been working at a job and had a deal of drink; I was very tipsy; I did not know what I was about.
GUILTY.* Aged 20.—Recommended to mercy by the Prosecutor. — Confined Six Months.
THOMAS GOODSON . I live in Bartlett's-buildings, Holborn. On the 31st of Aug. I was walking in the Strand with another gentleman—the policeman came and spoke to me—I felt in my pocket and missed my handkerchief,
which ought to have been in my pocket—I think it had been there about half an hour before—I have not seen it again.
ROBERT BRAY (police-constable A 43.) Between seven and eight o'clock in the evening of Saturday, the 31st of Aug., I was on duty in the Strand in the neighbourhood of Charing-cross—I saw both the prisoners, and another in company with them—I watched them, and saw James take a handkerchief from the prosecutor's pocket—I went up, and took him by the collar—my brother officer took another—while I went to the prosecutor a gentleman said he would take one, but he got away—there was a great crowd of persons, but I do not know what became of the handkerchief—Fanning was holding the tail of the other gentleman's pocket, while James took the handkerchief out of the prosecutor's pocket.
THOMAS HARDWICK (police-constable A 174.) I was with Bray that night—I saw the prisoners and another near Charing-cross—they followed two gentlemen down the street leading to the right, near to Hungerford-market—they turned back again, and met the prosecutor and his friend—James took the handkerchief from the prosecutor's pocket, and Fanning was handling the other gentleman's pocket—I seized the man that has escaped—a gentleman said he would hold him, but he got away—I do not know what has become of the handkerchief.
James's Defence. I did not see Fanning that night; he was not in my company.
JAMES**— GUILTY . Aged 19.— Transported for Ten Years.
FANNING— GUILTY . Aged 18.— Confined Twelve Months.
RADFORD PAPWORTH . I am a carpenter and beer-shop keeper, and live on Twickenham-common—the prisoner has been occasionally employed at my shop—on the morning of the 23rd of Aug. I saw the prisoner in the skittle-ground, behind the beer-shop—I left the premises that morning between nine and ten o'clock, and went up to work—I left the prisoner in the skittle-ground—m house is adjoining the beer-shop, and the beer-shop is by the side of it—the prisoner had no business in our part of the house—I left no one in our part of the house—the prisoner could get from the skittle-ground into our part of the house by going through three doors—I was away from nine till twelve o'clock—I left the watch and key and seal over the mantel-piece—I missed them the next morning—a boy came and told me something—I went with him to the police-constable, and then he and I went to a stable of the prisoner's father, and found the prisoner there.
EDWARD PINNER (police-constable V 65.) In consequence of some information I went in search of the prisoner—the prosecutor went with me—I found the prisoner in the stable—I roused him up, and asked him if he had any duplicates about him—he said, "No"—I searched him, and found this duplicate—I took him to the station—I after that went to Mr. Potter's, at Brentford, and took the duplicate with me, and the watch was shown to me by Mr. Potter—it was identified by the prosecutor.
WILLMAN POTTER . I am a pawnbroker, and live in Old Brentford. About two o'clock in the afternoon of Saturday the prisoner came to me, and brought this watch—he asked me 15s. on it—I asked him whose it was—he said his father's—I asked him his father's name—he said, "Smith, of Twickenham"—I said, "What, the chinaman?"—he said, "Yes"—I advanced him 11s. on it, and gave him this duplicate.
(Property produced and sworn to.)
GUILTY . Aged 18.— Confined Six Months.
MESSRS. PRENDERGAST and DOANE conducted the Prosecution.
GEORGE JOSEPH COCKERELL . I am in business with Richard Cundell, at the Purfleet wharf. The prisoner was in my service as collecting clerk—on the 9th of Sept. he accounted to me for sums of money he received that day—he did not account, among other sums, for the sum of 9l.; 12s. 6d., re ceived on that day from Welch and Margetson—it has never been paid by him to me in any way whatever.
Cross-examined by MR. PAYNE Q. What book is this you produced? A. The order-book—this was in Sept. last year—Mr. Plinsall was in my employ as our cashier—he was authorized to receive money—I believe he is at present at Toronto—he has not absconded, he has emigrated—he had no business to give us notice of his going—it was no matter of ours—he left England after leaving our service—I have no legal proof that he has left in our debt—I have no right to believe it—I do not believe it—I do not believe that he is a perfectly honest man—we have discovered a trifling deficiency of Mr. Plinsall of 1l.; 8s.—it was the prisoner's duty to account to Mr. Plinsall as our cashier at the time he received this money—I did not tell the prisoner, if he would make out the account in the best manner he could, I would not prosecute him—I purposely guarded against any such expression—the sums that are down in this book are in the prisoner's handwriting.
MR. PRENDERGAST. Q. Was it the prisoner's duty to enter in this book the sums he paid over to Mr. Plinsall, and the sums he received? A. Yes—this is the account he handed to Mr. Plinsall on the evening of the same day, it was seen by me shortly after—this book contains every account rendered to Mr. Plinsall—it was his duty to render an account every night.
THOMAS WELCH . I am warehouseman to the firm of Welch and Co. On the 9th of Sept. they were indebted to the prosecutors 9l.; 12s. 6d.—I paid the prisoner that sum of money on account of his masters—I took this receipt from him.
NOT GUILTY .
MESSRS. PRENDERGAST and DOANE conducted the Prosecution.
THOMAS WELCH . I am warehouseman to the firm of Welch and Co. On the 20th of last April, I paid the prisoner 1l.; 10s. for his masters—on the 20th of July I paid him the further sum of 1l.; 10s., and took his receipt in each case.
GEORGE JOSEPH COCKERELL . I am in partnership with Richard Cundell. The prisoner was in our employ as collecting clerk, and was authorized to receive this money. On the 20th of April he did not pay me 1l. 10s. on Welch and Co.'s account—I ought to have received it on that day—it would have been paid to me if he had paid it at all—I have the account here of what he paid—on the 20th of July he did not pay me 1l. 10s. from Welch and Margetson—Plinsall was no longer able to receive that money, he had left us in March, and there is no entry in the book of either of these sums—there are other entries—I have, since I made this discovery, spoken to the prisoner on this subject—these sums in particular were not mentioned to him, but they were with others—we asked him what he had done with the money—he could give us no account—he said he had muddled it away—that was the only phrase I could get out of him.
Cross-examined by MR. PAYNE. Q. Where did this conversation take
place? A. At the counting-house—he said to Mr. Waller in my presence that it was through a young man that had gone to Australia, and he had the greater part of the money—my partner was present at the time the prisoner said he had muddled the money away—my partner is not here—I expressed my suspicion that Plinsall had participated with the prisoner in his enormous deficiency—the prisoner was employed in endeavouring to make out the state of the deficiency from the 30th of July till the 15th of Aug., the day he was taken—he was then by himself, making out the accounts—he never tried to make his escape—I did not give him to understand that if he made out the account in the best way he could I would not prosecute him—I requested him to make out the account, and let us know the worst—I said, "Take the ledger, and a slip of paper, and let us know the amount you have embezzled," and after he had been from July until August making out the account, the case getting worse and worse, I gave him into custody—there was another person, named John Moore, whom I suspected, and who has absconded.
MR. PRENDERGAST. Q. What was the amount of the deficiency? A. Nearly 1,000l.;—the prisoner admits 818l.;
COURT. Q. About what time did he say that he had muddled it away? A. About the 30th of July.
CHARLES WALLER (City police-inspector.) I apprehended the prisoner—Mr. Cockerell said, "I am deficient about 800l.; it may be more"—the prisoner was crying, and said he was sorry—Mr. Cockerell put a printed bill into my hand, and said, had I seen any of these to apprehend Moore—I said, "Yes"—the prisoner said, Moore had nothing to do with it, that he was led away by a man who had gone to Australia—he said he had made a dupe of him, and had the principal part of the money, but Moore had none.
Cross-examined. Q. Did you not understand that it was Plinsall he alluded to? A. I did not hear any name mentioned—I understand so now.
MR. COCKERELL re-examined. Plinsall left us to go to Australia first, but I believe he has gone since to Toronto.
(Henry Adland, cheesemonger, Holborn-hill; William James Bland, teadealer, Nelson-square; James Hedges, bootmaker, Drury-lane; Mary Ann Rudduck, wife of a schoolmaster, Holland-street, Blackfriars; William Charles James, upholsterer, Newington-causeway; Thomas Cotswold, bricklayer, St. John's-place, Holland-street; James Barrett, George-street, Blackfriars-road; Wiliam Rudduck, schoolmaster, Holland-street; and the Rev. James Sherman, minister of Surrey Chapel, Blackfriars-road, gave the prisoner a good character.)
GUILTY . Aged 34.— Transported for Seven Years.
(There was another indictment against the prisoner.)
2302. EMMA TIREBUCK was indicted for stealing 1 breast-pin, value 4s.; 1 seal, 3s.; 1 handkerchief, 3s.; 1 bodkin, 1s.; 3 knives, 2s.; 8 forks, 2s.; 1 pillow-case, 1s.; 2 packets of starch, 2s.; 1 penknife, 6d.; 1 pair of stockings, 1s.; 61bs. weight of flour, 1s. 6d.; 2lbs. weight of cheese, 1s.; and 4lbs. weight of rice, 6d., the goods of Benjamin Badger, her master.
BENJAMIN BADGER . I did live in Cambridge-street, Paddington. The prisoner was my cook for seven or eight months—on the morning of the 5th of Sept., in consequence of something, I sent for a policeman to search her boxes—they were searched in her presence—I found in them a great variety of articles, sugar, tea, rice, and other things, which I could not identify, but I could swear to this seal which was found—she was charged with taking these things—she said nothing at first—I then proceeded to search—at first she objected to have
her boxes searched except in the presence of a policeman, but, before he came, she requested me to forgive her, and said she would be a good girl all her life—I can swear to this seal as having been mine for many years—I was in Yorkshire some time ago, and a starchmaker gave me these packets of starch—I know them—this pillow-case has my name on it, and was found with flour in it, in her box, and this silver thistle I can swear to as having been sent to me out of Scotland.
Cross-examined by MR. DOANE. Q. Was her box opened without the application of a key? A. I cannot tell—I can swear to this thistle and gold pin—the prisoner had been with us seven or eight months.
JOSEPH WALKER (police-constable D 5.) About twelve o'clock, on the 5th of Sept., I was called to the prosecutor's house—I found the prisoner there—Mrs. Badger was present—I found some articles exposed in the room—I said to the prisoner, "You are given in custody for stealing these things," and pointed them out—I was taking them out of the box—the boxes were opened when I went in—I said, "You need not say anything unless you like till you get before the Magistrate"—I opened one box—it was not quite shut—I found nothing in that—I found most of these things in the first box—there was a gold pin, a gold seal, a penknife, and other things, and between her two beds, two packets of starch, and some tea—I then said, "You must go with me"—she said, "Oh what a foolish girl I am," and fell down on her knees, and began crying, "I wish I may die before I get there."
GUILTY. Aged 30.—Recommended to mercy by the Prosecutor. — Confined Six Months.
GUILTY . Aged 19.— Confined six Months.
NEW COURT.—Thursday, September 19th, 1844.
Sixth Jury, before Mr. Common Sergeant.
FREDERICK PORTINGTON . I live with my mother, Harriet Portington, a widow, who keeps a linen-draper's shop, in Paddington-street. About half-past seven o'clock in the evening of the 29th of Aug., the prisoner came, to our shop and bought this piece of calico, for which she paid—I saw her in the shop but did not serve her—a witness came in and told me something, in consequence of that I ran into the street after the prisoner, and found this piece of flannel under her arm, which she dropped on, my taking hold of her—it is my mother's.
Cross-examined by MR. DOANE. Q. Have you any share in the business? A. No—when I want money I apply to my mother for it, and have it—I have no regular salary—the money that I get from my mother does not depend on the profits—there is no arrangement with her that I shall have a certain sum—here are seven yards of the flannel.
JANE HUMPHREYS . I was standing at the bookseller's, next door to the prosecutrix's—I saw the prisoner take the flannel, put it under her mantle, and run across Paddington-street into East-street—I told the boy.
Cross-examined. Q. Are you the person who served the prisoner? A.
Yes, with a yard and a half of calico, which came to 3 1/2 d. or 4d.—I did not measure out any flannel—I will swear that—I am not aware that I made out a bill—I could not swear that I did not—this is a bill from Mrs. Portington's—( looking at it)—it purports to be for one yard and a half of calico at 3d., and seven yards of flannel at 8d.—it is not my writing, nor Mrs. Portington's.
FREDERICK PORTINGTON re-examined. This bill is my handwriting—I do not know how it has been obtained—it appears the seven yards of flannel has been partly rubbed out—the word "flannel" is plain, but the price of it is not—here is 4s. 8d., but this flannel is 6d. a yard, and would have come to about 3s. 6d.—I can swear that this was not written by me on that day, and this flannel was not sold by me on that day.
Cross-examined. Q. Can you tell when you wrote this bill? A. No, I cannot—I cannot say when I last sold seven yards of flannel—I have no recollection of selling seven yards of flannel the whole of the winter—as far as I know, these figures have not been altered—they are my writing.
COURT. Q. The prisoner was brought back? A. Yes, and begged and entreated me to let her go—she said she had not seen the flannel, and had nothing to do with it—she prayed to be let go, and said I might kick her or do what I liked, and she would willingly pay for it.
WILLIAM LEONARD (police-constable D 50.) I took the prisoner in custody—she said she never saw the flannel, and if Mr. Portington would forgive her he might kick her, or do anything with her—she said at the station that she bought it of Hughes the shopman.
GUILTY . Aged 40.— Confined Eighteen Months.
ISAAC SYMONS . I am a shoemaker, and live in Sandy's-row, Bishopsgate. On Friday morning, the 6th of Sept., the prisoner was employed at our house—she left me that morning without notice—I lost sixty yards of lace, and other things—this is my lace.
GUILTY . Aged 22.— Confined Nine Months.
Prisoner's Defence. I pawned them, but I intended to redeem the whole had I succeeded in borrowing 2l.; for the purpose, but the money was in a savings bank, and it required a week's notice to get it.
GUILTY . Aged 52.— Confined Nine Months.
(There was another indictment against the prisoner.)
MARY ANN MORRIS . I am the wife of John Morris, and live in Adam-street East, Manchester-square—the prisoner lodged at my house, and had a ready-furnished room. On a Sunday night she called me, and asked if I had missed a waistcoat—I said I would look—I did, and missed one—I went to her, and said I had missed a black waistcoat—she said she could tell me where it was—I lost all the bedding from the bed—I have seen the bolster, pillows, and counterpane—these are them—they are mine—they were on her bed in her room.
GUILTY . Aged 21.— Confined Four Months ,
(There was another indictment against the prisoner.)
GEORGE WISE . I am a mast-maker, and live in High-street, Poplar. On the 25th of Aug. I left a few friends, and fell in with the prisoner—she led me away somewhere, and I missed my watch, a silver guard, a gold chain, seal, and key—this is my watch, and the one I lost on that occasion—I was a little the worse for drink—I am troubled with swimming in my head—I came to my senses after the prisoner was gone.
JOHN HABGOOD (police-constable K 109.) On the 25th of Aug. I saw the prisoner in company with the prosecutor, about twelve o'clock at night—about an hour after, he came to me, and said he had lost his watch—I was employed to trace it, and found it pawned at Deptford.
Prisoner's Defence. I am quite innocent.
GUILTY . Aged 23.— Confined Nine Months.
MR. DOANE conducted the Prosecution.
WILLIAM PAGE . I have examined the parish register of St. Bride's—I produce a certificate of the marriage, out of the book there—this is a correct copy—I saw it signed by Mr. Jones, the curate—I examined the parish register of St. James'—I produce a certificate from that, and saw it signed by Mr. Thompson, the curate—it is a correct copy.
Cross-examined by MR. PIKE. Q. Do you know the prisoner? A. No, nor either of his wives—Mr. Howard the solicitor instructed me to obtain these registers.
CHARLOTTE CANIEZKE . I am married—I know Emeline Jarman—I was present at her marriage at St. Bride's, about nine years ago—I have seen her about twice since—the prisoner is the person who was married to her on that occasion.
Cross-examined. Q. How do you know her name? A. I did not know her name—I do not know whether she has been living with a person named Shepherd—I saw her once just after they were married, at her husband's shop, and again this morning—she goes by the name of Oakley—I did not know her till I went to church—I did not see her this morning with any man.
MARY WRIGHT . I am the wife of a carpenter and joiner; the prisoner used to come to our house, and he there became acquainted with Ann Jenkins. In 1841 I went to St. James's church, and saw Ann Jenkins and the prisoner married—I saw her several times after that—I have not seen her for a length of time.
Cross-examined. Q. How long have you known the prisoner? A. Eight or nine years—I did not know his first wife, who died—I understood he was a widower—I did not know Emeline Jarman—I never save her till to-day—(certificates read) "Marriages solemnized at St. Bride's, 1835, Robert Beale Oakley, of this parish, widower, and Emeline Jarman, of this parish, spinster, were married in this church by banns, on the 12th of Oct. 1835, by me, Dennis Kelly, in presence of Thomas Fozzy; and Charlotte Hinton, her mark"—"1841, Marriages solemnized at St. James's, Westminster. On the 23rd of July, Robert Beale Oakley, full age, widower, cab-proprietor, and Ann Jenkins, spinster, were married after banns, by John George Gifford, curate, in presence of Mary Wright and William East.
Q. Were you aware at the time that the prisoner had three children alive by his first wife? A. Yes—they were not very young—two were living with him, and one was in servitude—it is several weeks since I saw Ann Jenkins—I am not aware of any proceedings whatever being taken by the prisoner against a person named Shepherd, who had seduced his second wife—I gave evidence before the Grand Jury, and so did Walters—Emeline Jarman was present—I saw her go into the Grand Jury-room.
MR. PIKE called
JAMES BEALE OAKLEY . I am twenty-five years of age, and am the son of the prisoner, by his first wife—she died about fourteen years ago—at the time of her death I was living with my father—I have two sisters living—I remember my father marrying Emeline Jarman, six or seven years ago—I was living in the house at the time—my father kept a green-grocer's shop-—Emeline was more than sixteen years old—she lived with my father for eighteen months after her marriage—I have seen a person named Shepherd come there of a night—I believe there were proceedings taken by my father against Shepherd, for criminal conversation with his wife—I was not a witness on that trial—there was a trial, which came on at Guildhall in 1838—I did not go backwards and forwards, knowing that case was going on—I did not see the attorney—it was known in our family that there were proceedings against a person named Shepherd, and that was about 1838—I was living with my father in that year—in 1839 I used to go backwards and forwards to my father's—I know it was reported in our family that Emeline Jarman was dead—I do not know how the report came there.
Q. Now I produce the record of the trial, do you know that in or about June, 1838, your father brought an action against a person named Shepherd? A. There was a trial, I believe—there was something of that sort took place about that period—my father and the members of our family became acquainted with the death of Emeline Jarman—that information was received from Kean in 1838—my father remained three years with the knowledge of that before he again married—I never saw Emeline Jarman again till about a fortnight ago, when I saw her in Farringdon-street—there was a conviction
on our minds that Emeline Jarman was dead—I thought to, and to did my sisters, from what we heard.
JAMES SWEET . I have been an attorney since 1801. In 1838 I was instructed by a lady to defend an action for one Shepherd—that lady if not here—I do not know whether the prisoner was the plaintiff in that action or not—the action went to the ground, because, I believe, they could bring no proof of any kind of malice, and there was an agreement that the case should be withdrawn—both the counsel abandoned the case—they could not make out the case of malice, and the plaintiff could not sustain his action—I know nothing about the record—I have known the prisoner about three years, and have been his attorney several times—I have found him in all his dealings just and honest—I know that this prosecution is brought to prevent his getting possession of some estate in Angel-gardens—I have been told by the parties, if he would give that up, they would withdraw this prosecution.
JOHN BRADDICK . I have known the prisoner many years—I knew Emeline Jarman—she and the prisoner lived very comfortably together when they kept the greengrocer's shop—she left him to go away with Shepherd—she used to come into the Fleet to see Shepherd—I understood, as a friend visiting the prisoner's family, that Emeline Jarman was dead, and I believed she was dead—I have seen her to-day, and this is the first time I have seen her for nearly seven years—Shepherd had formed an acquaintance with her long before he came into the Fleet.
GUILTY . Aged 45.— Confined One Year.
2310. JOHN YORK was indicted for stealing 2 pairs of stockings, value 14s.; 6 waistcoats, 3l.; 3 handkerchiefs, 6s.; 7 neckerchiefs, 16s.; 1 musical-box, box, 15s.; 6 sticks of sealing wax, 1s. 6d.; 20 pencils, 1s. 6d.; 1 match-box, 2s.; 1 yard of merino, 2s. 6d.; 120 sheets of paper, 3s.; 20 envelopes, 6d.; 1 cap, 4s.; and 3 account-books, 2s. 6d.; the goods of Rose Henry Fuller, his master.
MR. DOANE conducted the Prosecution.
MR. ROSE HENRY FULLER . I live in Montague-square. The prisoner was my footman for about twelve months, or a little more—he had 37l.; a year salary, and lived in my house—on the 30th of Aug. he was discharged, and three days afterwards I missed some property, and applied for a warrant against him—I went with the officer to the prisoner's lodging, and saw the boxes which I had seen when he was in my service, and in those boxes I found this property, which is mine—I know this musical-box to be mine—these waistcoats are mine, and have my name on them—this one had some fancy-buttons on it, which were cut off—these are my handkerchiefs and neckerchiefs, and they are marked—these waistcoats and the neckerchiefs came from the upper drawer in the wardrobe, and these silk stockings were there—they have my name on them—I saw some keys applied to my wardrobe by the officer, and they opened it.
Cross-examined by MR. BALLANTINE. Q. This musical-box is not very valuable? A. The person who made me a present of it, said he gave four guineas for it—the whole of these things may be worth 4l.; or 5l.;
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined One Year.
2311. JOHN BLAKE was indicted for stealing 1 sofa, value 3l.; 1 carpet, 2l.; 5s.; 1 fender, 12s.; 1 set of fire-irons, 18s.; 9 chairs, 4l.; 8s.; 2 pictures, 12s.; 2 curtains, 10s.; 3 tables, 2l.; 10s.; 1 tea-chest, 10s.; 2 beds, 3l.; 4 pillows, 10s.; 1 bolster, 5s.; 1 mattrass, 1l.; 16s.; and 2 chests of drawers, 2l.; the goods of John Dyke.
MR. BALLANTINE conducted the Prosecution.
WILLIAM BLATCHLEY . I am a broker—I am fifty-seven years of age. On the 24th of July the prisoner came to my shop—he asked me for the porter who removed a glass for him before—I told him he was below, and was a tenant of mine—(he had removed a glass for him eight days before)—the porter went with the prisoner, and came back to me in about twenty minutes, to ask me if I would assist him—I went with him to a house—I did not know that Mrs. Dyke lived at the house I went to—I did not make any inquiries—I went with the porter to the house, and the prisoner was there—I assisted the porter in removing one large chair and two small ones, a sofa, a fender, fire-irons, and two small pictures—we took them to Mr. Knapp's, a pawnbroker, in the Edgware-road—the prisoner went with me, and carried the two small pictures himself—none of us went into the shop—I cannot say whether the pawnbroker's man came to the door or not, as I was on the other side of the pavement, where I had just put down the sofa to wipe myself—Mr. Knapp declined to take the sofa, but agreed to take the other things—I then went with the sofa and the prisoner to Mr. Hawkins', a broker, where he offered it for sale—he asked the prisoner whose it was, and he said his aunt's—I heard him say that, and I thought he was authorized by his aunt to sell those things—I do not know how much Mr. Hawkins gave him for the sofa—(the prisoner never paid me for this job, I did it all for nothing)—Mr. Hawkins asked him if there were any other things, and he said there was a chair or two; we went back, and got the large chair, and two small ones—he sold them to Mr. Hawkins, but I was outside—I did not go in—the prisoner then said, "Go and get a drop of beer at the corner of Steven-street, I shall want you again in a short time"—we went, but he did not come, and we went back to the aunt's house, but he was not there—I had left my hat and rope in the aunt's house, and there they are now, I suppose—when we first went to the aunt's house we went into the parlour—we heard a female voice up stairs, and thought it was the aunt; and when he was going to sell the things, he went back to her, as he said, to know if she would take the money—he came back, and said it was too little, but she supposed she must take it—we never received a farthing.
JAMES EDWARDS . I am porter to Mr. Blatchley. On the 16th of July the prisoner asked me to take a looking-glass to a pawnbroker's in the Edgware-road—I took it to the door, but I did not go in—the prisoner did—on the 24th of July the prisoner came again and asked if I would carry some things—I assisted in moving some things, but got nothing for it.
JOHN HAWKINS . I am a broker, and live in Lisson-grove. I bought the sofa of the prisoner I believe, but I cannot swear to him—it was a lad about his age—it was brought by him and two men whom I have seen about—I should not have bought it unless those men had been with him—I gave 3l.; 13s. for the sofa, an easy chair, and two other chairs—I repaired the sofa, and sold that some time ago for 3l.; 17s. 6d.—I do not recollect whether either of the men said anything—the prisoner appeared to be master in the case, and said he was selling the things for his aunt.
WILLIAM DALBY . I am a pawnbroker. A looking-glass was pawned at my shop on the 16th of July by a boy whom I believe to be the prisoner—it was brought by a porter, and given to the boy—to the best of my remembrance, the boy brought a note signed Dyke—we have had a customer some years of that name, and we took the glass in without any hesitation—I cannot say whether the note was in a boy's writing.
CHARLES KNAPP . I am a pawnbroker's salesman. I do not know Mr. Blatchley—I never saw him before he came to me with a sofa, fender, fireirons, and two pictures—I did not buy the sofa, but I bought the other things of a youth, who came with the two men—he said he was selling the things for his aunt—I offered him a price—he went away, and came back and said his aunt would take the 15s. which I offered for them, and I gave it him—he said I was to go there with a van, at two o'clock, to fetch some more things—I went at that time, and found the two porters at the door—I knocked for an hour or more, but could not get in—one of the pictures I bought was Cotherstone, the winner of the Derby, and a fender and fire-irons—I sold them on separate days—I am sure I cannot tell what I got for them—I thought it was all right and straight; but when I went to the house, and saw the two porters there, I thought there was something wrong, but I heard no more about it, and I sold the things before the officer came to me.
SARAH DYKE . I am the wife of John Dyke; he is at home very ill. The prisoner is my half-sister's child—I took him in to take care of him—he is not very bright, and has had severe fits—there is a great deficiency in him at times, and at other times a great flow of spirits—I know the two first witnesses—they live in our neighbourhood, and keep a night oyster-shop, where prostitutes of the most abandoned character frequent—I know my nephew has been there repeatedly with those women—I have seen this property—it is mine.
COURT. Q. Are there times when the prisoner does not know right from wrong? A. I really think there are.
NOT GUILTY .
ANN SAUNDERS . I am the wife of Henry Saunders, a carpenter; we live in St. Luke's; the prisoner was my servant. On the 24th of Aug. we sent her with a letter to the post-office, containing three yards of ribbon as a present to Mrs. Rixon, at Margate—I gave her a penny to pay for the letter when she put it in the post—she came back and said she had put it in the post—the ribbon is not here, but this is the letter I sent.
Prisoner. Mrs. Saunders never gave me such a letter while I was in her service; it is quite false; she never did.
GUILTY . Aged 14.— Confined Two Months, the last Week in each Month Solitary.
2313. JOHN THOMPSON was indicted for stealing 1 watch, value 15s.; 2 rings, 12s.; 1 breast-pin, 5s.; and 1 corkscrew, 6d.; the goods of Mary Earley: JOHN WILLIAMS , for feloniously receiving 1 breast-pin, part of the same, well knowing it to have been stolen, &c.: and DIANA HUGHES , for feloniously receiving 1 ring, part of the same, well knowing it to have been stolen, &c.; to which
THOMPSON pleaded GUILTY . Aged 14.— Confined Four Days.
my return he was gone, and I missed from the room a watch, two rings, a breast-pin, and a corkscrew—I then went to the station—part of the things are here, and they are mine—I do not know the other prisoners.
WILLIAM POCOCK (police-constable F 81.) On the evening of the 30th of Aug. I went to No. 7, Church-street, St. Giles, where the prisoners all lodge in a common lodging-house—I went into the kitchen, and found Williams and several other boys—Williams said, "I know what it is about, you are come for the pin I have in my pocket"—I found this pin in a tin box in his fob—on the road to the station he said he met Thompson in Southampton-street, that he showed him a watch and that pin, and that he took the pin and ran away with it—in searching Thompson I found the duplicate of the ring in his pocket—I went to the pawnbroker's, and found the ring.
JOSEPH SHERWOOD . I am a pawnbroker. I have this ring, which was pawned by Hughes, about six o'clock in the evening, on the 30th of Aug., in the name of, "Ann Jones, No. 10, New-street"—I had seen her once or twice before, pledging things.
WILLIAM POCOCK re-examined. This is Mr. Jardine's writing to this examination—(read)—"The prisoner Hughes says, 'The boy Thompson called me into the lodging-house, and asked me to pawn the ring for him, which I did for 1s. 6d.; I had known him for some time as selling congreves and songs. The prisoner Williams says, 'I met Thompson running up the street; he showed me the watch and pin; I asked him for sixpence, which I had lent him, and he had not got one; I took the pin, and ran off.'"
WILLIAMS— GUILTY . Aged 20.— Confined Four Days.
HUGHES— NOT GUILTY .
GUILTY . Aged 54.— Confined Three Months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 17.— Confined Nine Months.
GREENING pleaded GUILTY . Aged 18.— Confined Eighteen Months.
GRANEY pleaded GUILTY . Aged 17.— Confined Eighteen Months.
GUILTY . Aged 25.— Confined Nine Months.
GUILTY . Aged 13.— Confined Five Days and Whipped.
2322. BENJAMIN DELLISTON was indicted for stealing 1 carpet-bag, value 4s.; 8 pairs of forceps, 2l.; 1 coat, 2l.; 1 looking-glass, 4s.; 6 files, 1s.; 1 tin box, 1s.; 2 pairs of pliers, 1s.; 1 collar, 1s.; 23 scaling instruments, 4l.; 12s.; 15 model frames, 15s.; and 1 box of cement, 1s.; the goods of Simeon Mosely: and MARY HOWE , MARY HOWE the younger, and WILLIAM HOWE , for feloniously receiving the same, well knowing them to have been stolen, &c.: and ELIZABETH HOWE for feloniously receiving 1 file, 6 pairs of forceps, and 23 scaling instruments, and 1 pair of pliers, well knowing the same to have been stolen; to which
DELLISTON pleaded GUILTY . Aged 16.— Confined One Year.
SIMEON MOSELY. I am a dentist, and live in the Haymarket. I was in a cab about four o'clock in the afternoon of the 7th of Sept.—I left it in Great Russell-street, near the Museum—I had a carpet-bag in it containing the articles stated—when I came back to the cab the bag was gone—I have examined the property here—it is all mine.
ADAM EDMUNDS . I live in Church-lane, St. Giles. Between four and five o'clock that day, I saw Delliston bring this bag into St. Giles's—he took it to No. 8, Church-lane, where Mary Howe the elder lives—when he came down he told me he had nailed it from a cab, and he showed me some forceps—I knew him by living next door, and seeing him go in and out—he said the other two comrades had got the coat, and gone away with it—he asked me if I knew of any one who would purchase the forceps—I said, "No"—when he came back he asked me to go and look at a picture which he had stolen out of Oxford-street—I went—it was up in the elder Mary Howe's room—she was there with two young men, her daughter Mary, and William—Elizabeth Howe was not there—Delliston said, "Put these forceps down the hole"—the other persons said, "Let them be, they can be put down there when we go out"—there is a hole there under the boards—I came down stairs, met the policeman, and gave information.
ELLEN BROWN . I lodge at No. 11, George-street, Bloomibury. About half-past ten o'clock on Saturday night, the 7th of Sept., Elizabeth Howe came to me, and asked me if I would mind two or three things for her, as she had left her room—I said, "Yes," and she gave me this parcel—I left it at No. 10—I afterwards had information that it was stolen—I gave the same parcel to the officer.
HENRY HALL (police-constable E 66.) I apprehended Elizabeth Howe about five minutes to one o'clock, in Charles-street, Drury-lane—I went up to the back attic, and found the door padlocked outside—the landlord unlocked it for me—Elizabeth Howe was inside, undressed, and in bed—I told her
what I wanted her for—she after that said she could not go to the station, she had got no clothes.
JAMES COBINGS (police-constable E 79.) I went in company with Gough, on the 7th of Sept., about half-past four in the afternoon, to No. 8, Church-street, St. Giles's—Mary Howe, sen., her daughter Mary, and William Howe were in the room—I asked them whether they had not got a carpet bag there—they denied all knowledge whatever of it—I commenced searching, and Gough lifted up a board, and found this bag and some moulds; and down another hole we found four pairs of forceps, and a pair of pliers under the bed, also a looking-glass, and a box of cement in a tin box—I said to Mary Howe, sen., "You knew they were here"—she said, "I was afraid to say so," and "a lad of the name of Ben was the person who brought them up here."
FRANCIS GOUGH (police-constable E 134.) I went there with Cobings, and found the carpet-bag under a board—Mary Howe, sen., denied that there was a carpet-bag there—the others said nothing in my presence.
(Property produced and sworn to.)
MARY HOWE, sen.— GUILTY . Aged 60.— Transported for Ten Years.
MARY HOWE, jun.— NOT GUILTY .
WILLIAM HOWE— NOT GUILTY .
ELIZABETH HOWE— GUILTY . Aged 21.— Confined One Year.
2323. ANN RHODES was indicted for stealing 2 printed books, value 3s.; 4 counterpanes, 6s.; 4 table-covers, 5s.; 1 teapot-stand, 1s.; 1 handkerchief, 1s.; 2 basins, 6d.; 6lbs., weight of sugar, 3s.; 2 habit shirts, 10s.; 5 sheets, 16s.; 2 bed valances, 6s.; 1 frock, 10s.; 1 milk-jug, 6d.; 61bs. weight of tea, 1l.; 6s.; 1 canister, 6d.; 1 table-cloth, 5s.; 11 towels, 5s. 6d.; 7 handkerchiefs, 1l.; 5 pillow-cases, 1s.; 1 apron, 1s.; 1 toilet-cover, 2s.; 1 petticoat, 1s., 6d.; 3 night-gowns, 7s. 6d.; 1 pair of trowsers, 2s. 6d.; 1 pillow, 5s.; 2 pinafores, 1s.; 1 pair of socks, 6d.; 1 cap, 6s.; and 1 pint of gin, 1s.; the goods of John Berryhill Cross, her master: and WILLIAM GIBSON , for feloniously receiving the same, well knowing them to have been stolen, &c.; to which
RHODES pleaded GUILTY .
(MR. BODKIN, on behalf of the prosecution, offered no evidence against Gibson.)
GIBSON— NOT GUILTY .
2324. ANN RHODES was again indicted for stealing 1 hamper, value 6d.; 1 cake, 6d.; 2 bottles, 2d.; 2 pints of gin, 2s.; 4 ozs. weight of tea, 1s.; 4 knives, 1s.; and 4 forks, 1s.; the goods of John Berryhill Cross: and WILLIAM GIBSON , for feloniously receiving the same, well knowing them to have been stolen, &c.
MR. BODKIN conducted the Prosecution.
JOHN BERRYHILL CROSS . I reside at Stoke Newington. Rhodes was in my service as upper nurse, and had been for nearly five years—she left my service on the 27th of Aug.—on the following day she returned for her boxes—I afterwards went to where she was lodging with Gibson, in Norfolk-street, Lower-road, Islington—I found some knives and forks of mine in a box which was not locked, in the same room where Rhodes's boxes were—Gibson had been formerly in my service for a short time, at the instigation of Rhodes.
CHARLES FENN WRIGHT (police-constable N 304.) I accompanied the prosecutor on the 29th of Aug. to No. 1, Norfolk-street, Islington—as we approached I saw Rhodes going to the house, and told her we were going to
search her room—she said, "Come on, and I will show you"—we went into a back room on the first floor, and found several boxes locked, and she had the keys of them—I found one box not locked standing by the window—I asked Rhodes where her boxes were—she said, "Those are my boxes under the bed"—this open box was not under the bed—I found this basket in it, containing 2 3/4 lbs. of tea and 1 1/2 lb. of sugar, four knives and four forks—I asked Rhodes whose box it was—she said, "Gibson's"—I found a coat, a waistcoat, and a stock in the same box—I took Gibson into custody on Friday night, the 30th, in the same room that I found Rhodes—I told him he must go with me, he was suspected to have been receiving things which Rhodes brought into the room—he said he did not know anything about it—he said, "If there was anything in that box it is more than I know of."
MATILDA WOODGATE . I was in the service of the prosecutor—I know Rhodes. About a fortnight before she left I saw her partly pack a hamper—the lid of it was open—there was some tea, some gin, and a cake in it—the cake was made in the kitchen by Rhodes—she directed me to take it to No. 1, Norfolk-street, Islington—I saw Mrs. Maggs, who keeps the house, and delivered the hamper and the box to her—Gibson was frequently in the habit of coming to my master's to see Rhodes.
ELIZABETH MAGGS . I keep this house, No. 1, Norfolk-street, Islington. I remember a hamper being brought to me by Woodgate—it was put in my kitchen—Gibson was lodging at my house, and had been for about five months—h was not at home when the hamper came—he came home between seven and eight o'clock in the evening—I said there was a hamper for him, it was Mrs. Gibson's property—I knew Rhodes as Mrs. Gibson—I had seen her about three times—she came about ten o'clock that evening—the hamper was taken up to their bed-room—I do not know who took it—I did not assist—they slept in the room that night—the following morning they went out about nine o'clock in a coach—soon after they were gone I went into the room, and the hamper was gone—I did not see it go.
RHODES— GUILTY . Aged 28.— Confined Eighteen Months
GIBSON— NOT GUILTY .
2325. HENRY OLIVER was indicted for stealing 1 pair of spectacles, value 2s.; 2 dwts. of silver, 5d.; and 1 eye-glass frame, 2s. 6d.; the goods of Edward George Lamb, his master: and MARY OLIVER , for feloniously receiving the same, well knowing them to have been stolen.
EDWARD GEO LAMB . I am an optician, and live at Hoxton—the prisoner Henry was my apprentice—Mary is his mother—these spectacles, some silver, and an eye-glass frame are all my property—I gave Henry out this silver to make four turnovers, and these pieces are what came off what I gave him—I missed it about a fortnight before he was taken, and the spectacles I have missed about seven months from a drawer in the board that I work at—the drawer was not locked—I saw Henry one evening working at the eye-glass at the board—in consequence of something I gave Mary Oliver in charge—she said she knew nothing about it.
Cross-examined by MR. PAYNE. Q. Did she not say she had sold the silver? A. No—I did not swear that she did—I have had Henry nearly eight years—he has been five years my apprentice—this piece of silver is worth 5d.—I can swear to a part of it as being mine—I do not know that Mary Oliver has a son who is a master watch-case maker—I swear that—he called on me to remonstrate with me about some glasses—he did not call about some women, and I did not tell him that I owed the mother a grudge—I
know a Mrs. Bagley—I do not know Mrs. Dow—I did not sleep with them both together—I mean to swear that—I have got Mrs. Bagley on my premises to take care of my children—Mrs. Dow does not sleep with me, and never did—she has nothing to do with my house—upon my oath, Mary Oliver has not remonstrated with me on the bad example I set her son by having women in the house—I did not charge Henry Oliver with having slept with Mrs. Bagley once—I have got five children, two daughters, one seventeen years old and the other five—I have had but one wife—I have been in prison once for about three weeks—I was not in the House of Correction—I can swear to the eye-glass by the colour of it and its being made on my premises by Henry Oliver—I have not often gone and left my apprentice four or five days with out food—I always kept a good house.
CHARLES SANDERS . I am a refiner, and live in St. John's-square. About the 14th of Aug., Mary Oliver came to me, and brought about 2dwts. of silver—I purchased it of her—I showed the silver to the prosecutor
Cross-examined. Q. How much did you give her for it? A. Fivepence—I knew her—I believe she has got a husband.
WILLIAM WEIBLE . I live in Gray's Inn-lane, and assist Mrs. Bullworthy, a pawnbroker, who lives in Aylesbury-street, Clerkenwell—I produce a pair of spectacles pawned there by Mary Oliver, on the 2nd of Aug.—I produce an eye-glass pawned on the 23rd of Aug. by her—I am quite sure it was her.
Cross-examined. Q. How much money was raised upon them? A. on the spectacles, and 6d. on the eye-glass.
SAMUEL BAXTER (police-constable G 215.) I took Mary Oliver in custody—I told her she was charged with selling some silver in St. John's-square—she said she knew nothing about it—after that I received Henry Oliver—he said nothing.
MR. PAYNE called
WILLIAM OLIVER . I am a master watch-case maker, and live in Waterloo-place, Clerkenwell-close. Henry Oliver is my brother, and Mary Oliver is my mother—I was made acquainted by the prosecutor's own words of the way in which he was living—I went to remonstrate with him several times—he said on one occasion, "I owe your mother a grudge for what she has said of me, and I am determined to be revenged of her"—he had turned my brother out of doors all the Saturday night—my mother had upbraided him for bringing home two women, Mrs. Bagley and Mrs. Dow, in the boy's sight, and he said the women were in the house that Sunday that I went there with my father—I took a pair of trowsers to my mother to be mended, and there was some silver in the pocket of them, and this silver that is produced has all the appearance of it—it is a sort of thing that I use in my business—I gave my mother silver like this out of the pocket of my trowsers instead of money—I have seen my brother with an eye-glass like this—it was broken when I saw him with it—it is an imitation of tortoise-shell I believe.
NOT GUILTY .
WILLIAM JONES . I am a seaman. In the evening of the 12th of Sept., I went to a house with a female, not the prisoner—I went to bed alone, and put my jacket on the bed—I went to sleep, and when I awoke in the morning I saw the prisoner there, and missed my jacket—I asked her for my jacket—she was the only person who came up in the morning—she said I did not pay
her—I said I did not know her—she went out, and I staid in the house about two hours—I then went out and saw a policeman—I told him, and went with him after the prisoner—I afterwards saw her—she had a silk handkerchief in her bosom—it had been in my jacket pocket when I went to bed—I went with the policeman to the pawnbroker's, and found my jacket there—this is my jacket and handkerchief—they are what I had when I went to bed.
SAMUEL HARE (police-constable.) The prosecutor came to me, and I went with him to a house in Bluegate-place—the prisoner came in the house after I got there—she had a duplicate in her hand, and this handkerchief in her bosom—she said, "I am not the girl who slept with him"—the prosecutor said then, "Where is my jacket"—the prisoner then said, "I did sleep with you for the jacket"—I took the duplicate from her—I went to the pawnbroker's, and the jacket was produced there.
Prisoner's Defence. I pawned this jacket for 4s.; I found the handkerchief in the pocket of it, put it in my bosom, and brought it back; I did not deny sleeping with the prosecutor; I said all along that I was the girl who slept with him, which I did.
WILLIAM JONES re-examined. I was not very sober, but I had my senses about me—I slept with no woman—I slept by myself—I went with another girl, but she went away—I had paid her—I had 1s. 8d. left after I had paid her, and that was taken out of my pocket.
GUILTY . Aged 20.— Confined Two Months.
FRANCES ANN HUMBERSTON . I am the wife of John Humberston, and live in Exeter-street, Portman-market. About eleven years ago, I was present at St. James's Church, Piccadilly, with the prisoner and Mary Pennell—they were married—I was bridesmaid, and saw them married—she was alive last Wednesday week at Brighton—I knew her—I had lived two years fellow servant with her.
Cross-examined by MR. PRENDERGAST. Q. How came you to go to Brighton? A. I was desired to go by the gentleman at Queen-square—the case was remanded the first time—they said the first wife must be seen, and I went to see her—I went at my own expense—I went alone—the policeman came to my house with the prisoner's second wife—he told me he had been a fortnight trying to find me—he told me to go to Queen-square.
PHILIP STEVENS (police-constable S 200.) I apprehended the prisoner on the 16th of Aug.—his second wife went into the shop with me—I said to the prisoner, "Do you know Emma Lee"—he said, "Yes"—I said, "She gives you in charge for bigamy, having another wife alive"—he paused about a minute, and then he said, "That has to be proved."
Cross-examined. Q. Did he not say that he did not know that his wife was alive? A. He said he had no other wife living but Emma Lee—that was the person who gave him into custody—I found out Mrs. Humberston by a letter which I received from the first wife—Lee met me in Richmond-street, and I went with her and took the prisoner—I was reproved by the Magistrate for asking one question.
EMMA SARAH LEE re-examined. I married the prisoner on the 7th of July last, at Bloomsbury church—I have the certificate of my own marriage, which I got on the day I was married, and I have the certificate of the prisoner's
first marriage, which I got at St. James's Church, Westminster—I compared it with the book—it is correct—(the certificates were here read.)
Cross-examined. Q. I believe you knew that the prisoner had a wife? A. I did not—I did not see his father for a fortnight or three weeks after I was married, but I saw his mother, and sisters, and brothers before—the morning we went to be married, some one wrote to the clergyman that he was married; the clergyman sent there, and it was a false address—the prisoner said, by his God, that he was not married, and that I was the first female he took to church—I was in my situation for a fortnight after we were married, and then my sister took my place—I lived with the prisoner at the time I was in my place, and then I left, and lived with him for three weeks and two days—when the report was that he was married, he strongly denied it to my father and mother, and every one—when the report was that he had got a wife, he took me to his father's, and his father said, "I am ashamed of your behaviour, for marrying a respectable female, as I believe she is, when you have a wife living; you shall not come into my house again"—I did not live with the prisoner more than a week after that—I should have left him directly, but I could not get my clothes—he threatened my life, and locked me in for several days.
MR. PRENDERGAST called
WILLIAM BRANCH . I live in Thanet-row, Burton-Crescent. The prisoner is my son—to the best of my recollection, it is about ten years ago since his first wife and he have parted altogether—I know he has not seen her during that time, and, to my knowledge, he has not at all heard from her—I put him into business in Gray's Inn-lane, and she went away, and left him destitute of everything—she stripped him entirely when he went to market—from all that I have seen and heard, I do not think he has had anything to do with her, or seen her, since that time—I am confident he has not.
COURT. Q. How came you to say to this young woman that he was married? A. I beg your pardon, my Lord, I did not—one Sunday night I called her, and said, "Catch hold of my arm; are you aware that my son has been married?"—she said, "Yes; and if he has got twenty wives, I had made up my mind to have him"—I said, "I don't think you will be troubled, I have not seen or heard of her for years"—I do not know whether she was married at that time—she told me she was.
FRANCES HUMBERSTON re-examined. I know that the prisoner's first wife and he have lived together within these six years—she told me so herself—I did not see them together—the last time they were living together, to my knowledge, was in Oxford-street, about seven years ago—it was at an office where they were engaged as servants—she has a sister living in London—I saw them living together in Oxford-street, and that was seven or eight years ago.
WILLIAM BRANCH re-examined. Q. Did she go to Gray's Inn-lane before or after she was in Oxford-street? A. I do not believe she ever was in Oxford-street—she left my son in Gray's Inn-lane, stark naked—I saw him stark naked—they never lived in Oxford-street.
Prisoner. I wrote letters to her friends before I was married again, and I received no answer; it appears some person had denied the banns, but it was by a false address.
GUILTY . Aged 29.— Confined Six Months.
SPENCER TURNER . I am under-gardener to Hannah de Rothschild, of Gunnersbury-park, Ealing. On Thursday afternoon, at half-past twelve o'clock, I saw the two prisoners together, getting over the palings at the further side of the gardens, where there is a drying-ground for clothes—Taylor had a bundle in his arms—when they got out of the premises they both went different ways—I followed Taylor, but lost sight of him, going round a break in the hedge—some one told me something the next morning—I went into the lane, and found this sheet by the bank at the edge of the ditch, near the premises, where it was taken from—it was hidden under a bundle of nettles and grass which had been cut off the bank—it was between nine and ten yards from the place where the prisoners had got over—the sheet was wet when I found it.
Cross-examined by MR. BALLANTINE. Q. It was Glover who told you, was it not? A. Yes, and he mentioned the names of these two prisoners—he did not tell me they did it, but he told me where to find it—I did not suspect him—he was not given into custody—I have lost one eye—the other has not been bad since—I was about 100 yards from the prisoners when they got over the pales, but I saw them at a less distance after—I saw their features—they came in a direction to meet me.
GEORGE MILLS . I am gardener to the Baroness Hannah de Rothschild. At half-past eleven o'clock, on Thursday morning, I saw some clothes hanging in the drying-ground—there was a pair of sheets, a pillow-case, and two towels, belonging to my mistress—about one o'clock I saw Turner return after pursuing some persons, and then I missed the linen.
CHARLES GLOVER . I am a labourer, and live at Brentford. Between twelve and one o'clock on the 6th of Sept. I saw the two prisoners—I knew them both—they were running away from Baroness de Rothschild's place across for Ealing—I saw Turner running after them—Taylor seemed to have a bundle—I could not see what it was—I saw Lemon make a kind of dead stop within about ten yards of the place—I did not see him do anything—I did not tell any one what I had seen.
Cross-examined. Q. You did not help the under-gardner to run after them? A. No, I did not run at all—he spoke to me at the time he was running—he asked me whether I knew them—he did not stop—Lemon was not long stopping on this side of the wall—I saw the under-gardener after dinner the same day, about two o'clock—I did not tell him then, or have any conversation with him—I could not get near him—I was at Mr. Mills's gate, and he was inside—I did ring the bell, but I did not get near him—one of the men who works for Mrs. Rothschild opened the gate—in the first place it was said that it was I that did it—I rang at Mr. Mills's bell, and asked them whether they thought it was the other party, but they knew before I told them—I first told Turner on the day after I was taken before the Magistrate—Turner was before the Magistrate—he saw I was under charge—I was remanded that day, and I walked off with two policemen towards Mrs. Rothschild's place—there is no public-house there—we did not go into any public-house or beer-shop—I did not go into any house with a policeman—we went to the station-house—I and the policeman had no conversation about this—I told him that it was the two prisoners that were running away—that was before we went before the Magistrate at all—I did not tell it to the Magistrate at all—I was taken on the 6th—I have been in a little trouble before about a watch—I gave it up to the policemen when they came after me—I was prosecuted for it, and had two months—the other time was about some mushrooms.
quarter of a mile from where I was told that the prisoners had got over—I found a sheet, two pillow-cases, and a towel there.
Cross-examined. Q. How did you find the sheet? A. We were raking about under the gravel—Glover was not charged with it—he was not examined before the Magistrate or remanded—he went with me to the station—we went into the Drum public-house first in Old Brentford—Smith went with us—we had a pint of half-and-half—we all three drank together—I did not know that Glover was a convicted thief—I knew he was rather a queer character—I have seen him many times—we had a good deal of conversation about the two prisoners—Glover told me where Taylor went, and that he thought probably the sheet might be found there.
JOHN SMITH (policeman.) In consequence of information, I apprehended Lemon at his own house, in Old Brentford—I know both prisoners—I saw them together about half-past one o'clock in the day on Thursday, at Brentford End, about a mile and a half from the prosecutrix's—I went to gravel-pit and found these things.
Cross-examined. Q. Do you know the Drum public-house? A. Yes—Glover and three or four more of us went there—we drank with him.
NOT GUILTY .
ELIZABETH MARSDEN . I am the wife of Mark William Marsden, who keeps a shoe-shop in Lower-street, Islington. On Saturday, the 7th of Sept., I saw the prisoner cut a pair of boots down from the door—I followed him out, and asked him for them—he refused to give them to me—he had them tucked in under his blouse—he attempted to run away—I held him—he got into the road, and scuffled with me there and slipped down—he struck me across the chest, and threw the boots away—I picked them up, and he got away a little way—I am sure he is the person—these are the boots.
SAMUEL FROST (policeman.) I took the prisoner in a brick-field, at the back of St. Peter's Church, Islington, at half-past ten o'clock on Saturday night, about 200 yards from the prosecutor's shop—I saw him running, and heard a cry of "Stop thief"—I took him—he was quite out of breath.
Prisoner's Defence. I was in liquor, and laid down in the straw for about an hour and a half.
GUILTY . Aged 35.— Confined One Month.
2330. ELIZA BERWICK was indicted for stealing 2 gowns, value 11s.; 2 handkerchiefs, 2s.; 1 petticoat, 2s.; 1 apron, 1s.; 1 pair of boots, 2s.; 17 skeins of worsted, 6d.; 1 yard of silk, 1s.; 4 yards of printed cotton, 2s.; 7 yards of lace, 6d.; and 4 yards of ribbon, 1d.; the goods of George Simmons, her master.
SOPHIA SIMMONS . I am the wife of George Simmons, and am sister-in-law of Edward Simmons; he has a house at Stoke Newington. The prisoner was in his service for three weeks—I lived there with them—after the prisoner left I missed a worked collar off the child's pelisse, two dresses, a pair of boots, an apron, a petticoat, two handkerchiefs, some worsted, and other things—these are them—they are mine.
Cross-examined by MR. BALLANTINE. Q. Did you miss these before the prisoner was given in charge? A. Not the whole of them, only the work and dresses—I missed them on the Friday, and the prisoner left on the Thursday—I told my brother-in-law that I had missed them—I did not tell the policeman—I did not see him—the prisoner was given in charge for stealing
a watch worth 2l.; and a ring—the watch has been found since—it had been lent to a customer—the ring has not been found—there is a "D" on this apron, which was the initial of my grandmother's name—it is worth 1s—there is no mark on any of the other things that I know of—I know the dresses by the make—I had had them about two years, and had worn them.
JOHN CHURCHILL (policeman.) On the evening of the 23rd of Aug. I went with Edward Simmons to the prisoner's father's house, in Charles-street, City-road—I found the prisoner there, and Mr. Simmons gave her in charge for stealing a child's collar and other things, his sister's property—the prisoner's mother was there—she said, in the prisoner's presence, that the things she brought from her situation were down stairs in a box—I went down, and saw a box—her father opened it—I found in it the worked border of a collar, a dress, and two remnants of cotton—on the Saturday I found another dress in the box—the prisoner said she had not taken anything from Mrs. Simmons—in going to the station she said persons were tempted at times, she did not know what had tempted her, but she acknowledged to taking them—I went and found the other things.
Cross-examined. Q. How long have you been in the police? A. Eight years—the prisoner was given into custody for stealing a watch and other articles—I forgot to mention the watch—I had cautioned her before she began to speak—she said she did not take them—I then cautioned her, and then she acknowledged that she did take them.
Cross-examined. Q. Your charge was for stealing a watch? A. My charge was for stealing the property—I did not state the property—I enumerated the articles—the watch was included.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy by the Jury, — Confined Two Months.
NEW COURT, Friday, September 20th, 1844.
Fifth Jury, before Mr. Common Sergeant.
2331. JAMES BOYLETT was indicted for stealing 1 tippet, value 4s.; 1 shawl, 1s.; 2 flannel petticoats, 1s. 9d.; 1 pair of drawers, 1s.; 2 pinafores, 1s.; 8 aprons, 4s.; 3 handkerchiefs, 2s.; 3 frocks, 8s.; and 2 pairs of stockings, 1s. 6d.; the goods of George Adam Day.
EMMA DAY . I live with my father, George Adam Day, at Bow-common. I washed my clothes on the 12th of Sept. about seven o'clock—they were in a shed adjoining the house, and were all safe at eight—I missed the articles stated about nine—these are them—they are my father's.
DANNIEL CUNNINGHAM (police-constable K 142.) I found these things buttoned up inside the prisoner's waistcoat on the 12th of Sept., about ten o'clock—I took him from Mr. Fielding, in the Mile-end-road, about half a mile from the prosecutor's.
Prisoner's Defence. I found them on the ground.
GUILTY . Aged 19.— Confined One Year.
in his service. On the 7th of Sept. I was informed that the prisoner's brother was lurking round the door—about half-past eleven o'clock that evening I went away for about two minutes—I returned, and saw the prisoner concealing a waistcoat under his own waistcoat—he saw me, and threw it on some cord trowsers, which was not its place—he then came to the door, and I said, "What did you mean by taking that waistcoat?"—he said, "I did not take it"—I unbuttoned his waistcoat, and found a pair of braces in his pocket—these are them—they are my brother's.
(The prisoner received a good character.)
GUILTY of stealing the braces. Aged 17.—Recommended to mercy by the Jury.
Confined Two Months.
THOMAS FREDERICK HAYWARD . I am the son of Thomas Hayward; he is a butcher. On the 12th of Sept. I was in his shop—I saw the prisoner and another man come in front of the shop—they stood there about a minute, and I heard the prisoner say, "I will take it"—I did not know what he meant—he then said something else to the other man—tbe prisoner then took a shoulder of mutton from inside the shop, put it under his coat, and walked away—the other man ran in a different direction—I ran and took the prisoner, and found the mutton under his coat—the policeman came up directly and took him.
Prisoner. When he came up to me the mutton was on the ground. Witness. While he was struggling to get away it dropped from under his coat.
Prisoner. I had been to Highgate to get some employ; I am a drover; when I came to the corner of Hornsey-lane I saw a great many people; some person passed me and dropped a shoulder of mutton; the witness came and laid hold on me; I said I knew nothing of it. Witness. There was not a soul about the place, but the prisoner and his companion.
GUILTY . Aged 25.— Confined Nine Months.
JANE SKINNER . I am the wife of Robert Charles Skinner. On the 14th of Sept. I was at the corner of Bow-lane, Poplar—I had in my pocket one shilling, six halfpence, one penny, and sixpence farthing—I had seen this money safe when I had purchased a pennyworth of suet at a shop just by—there was a person at the comer selling "practical jokes," and while I stood there I heard some halfpence chink in my pocket—my hand was not in my pocket, but some one else's was—I turned immediately, and laid hold of the prisoner, who was the nearest to me—there was another person near me, but not near enough to have put his hand into my pocket—I held the prisoner till he got from me—I called, "Stop thief"—he began to walk—I took hold of him again, and kept him till the officer came and took him—he had not an opportunity to communicate with the other man—I do not know whether he had an opportunity of throwing money away—I had lost one shilling and six halfpence.
Cross-examined by MR. HORRY. Q. There was a crowd? A. Yes—other persons were near me, but not so close as the prisoner was—the halfpence were in my pocket, as they usually are—when I turned, the prisoner was not stooping—he was standing upright—I turned round when I heard the halfpence
jingle, and then the other man ran away, but they kept together for two or three minutes—after I accused the prisoner the other ran up Poplar.
GUILTY . Aged 22.— Confined Six Month.
THOMAS KEYS . I am foreman to Mr. Thomas Williams, he is a builder. The prisoner was in his employ as a labourer, at No. 46, Upper Grosvenor-street—on the 16th of Sept. I received information, and found a bag of hair at the Duke's Head public-house at nearly four o'clock—I believe it was my master's—we had missed such hair.
WILLIAM AXTELL . I am a carpenter. I was at work at the back of No. 46, Upper Grosvenor-street, on the 16th of Sept.—I saw the prisoner come out with a bag on his back, and take it over to the Duke's Head at about half-past three o'clock—I gave information.
Cross-examined by MR. HORRY. Q. Was he at work there as a labourer? A. He was working under Thomas Keys, the foreman—we do not all resort to the Duke's Head—the labourers do chiefly.
WILLIAM GODDARD . I am a carpenter, and live in Newton-street. I was at work at No. 46, Upper Grosvenor-street—I saw the prisoner take this bag across the mews to the public-house—this is the same bag, and it contains cow-hair.
Cross-examined. Q. Are there a number of persons at work there? A. Yes—t irty or forty men—we were all at work at that time—the prisoner came out under our feet as it were—we were on a scaffold—here is an upright mark and some other marks on this bag—the prisoner was at work all the afternoon after this, till half-past six o'clock, which was an hour after the usual time.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined Four Months.
GEORGE COOPER . I am a tailor, and live in Henry-street, Portland-town. On the 5th of Sept., between twelve and one o'clock, I was in Hyde-park, seeing the review—when I had been there some time, the policeman came and asked me if I had lost anything—I felt, and said, "I have lost a silk handkerchief within the last few minutes"—this is my handkerchief—(loooking at one)—and the one I lost.
WILLIAM RUSSELL (police-constable C 113.) I was in Hyde-park, and saw both the prisoners together for about a quarter of an hour—I then saw Rainsford put his hand into the prosecutor's pocket—Gardner was covering him at the time—they then walked up the path together—I told the prosecutor and then took both the prisoners—when we got to the station, I found this handkerchief in the left leg of Gardner's trowsers—I did not see Rainsford take it, but I saw his hand in the prosecutor's pocket, and no doubt he took it.
Gardner's Defence. I was in the park about eleven o'clock, and we were in Marlborough-street before twelve; I saw a handkerchief lying down between
the crowd, I picked it up and put it in my left pocket, which is torn, and it fell down the leg of my trowsers.
Rainsford's Defence. I was standing in the park, and this young man was near me; the officer came and took us.
GARDNER— GUILTY . Aged 20.— Confined Three Months.
RAINSFORD— GUILTY . Aged 20.— Confined Two Years.
WILLIAM JOSEPH BARWICK . I keep a rag-shop in White Lion-street, Pentonville. On the 10th of Sept., about six o'clock, Cubbage came to my shop, and asked if I had any stockings—I said I had none that would suit him—he had not been in the shop many minutes before he said, "Go on"—I went, and saw Edwards at the door—I suspected she had got something, and looked, and missed a pair of clogs—I followed her, and she went down a court in White Lion-street—I had left Cubbage in my shop—I saw a policeman—we went round, and met both the prisoners together coming out of the court—Edwards had a basket in which were this pair of clogs, which are mine.
Cross-examined by MR. PAYNE. Q. How do you know them? A. By this string, which I tied round them to hang them at my door, and I know them by purchasing them, and having them—they have been used—they are a second-hand pair—I had four or five pairs—this pair was hanging close to the door.
THOMAS TYLER (police-constable N 275.) I went with the prosecutor, and found both the prisoners in the court—I asked Edwards what she had got is her basket—Cubbage said, "Nothing but her own;" and he said to Edwards, "Don't let him look"—I said, "I shall," and I found these clogs in it—I took both the prisoners into custody.
CUBBAGE**— GUILTY . Aged 30.— Transported for Seven Years.
EDWARDS— GUILTY . Aged 25.— Confined Three Months.
EDWARD LAKE . I live in Bayne's-court, Cold Bath-square. I was driving a carriage on tlie 31st of Aug.—I missed a carriage-apron—I followed the prisoner, who had been pointed out to me by a boy, and I found the apron on the prisoner—I said to him, "Give me my property"—he said, "How long has it been your property?"—I said, "It was, about ten minutes ago"—this is the apron—it had been on the rumble, behind the carriage, and was nailed down—I was cut off and torn—here is where it has been partly cut and partly torn off—it belongs to my master, Mr. Thomas Eldridge, of Gray's Inn-road.
THOMAS WALLIS (police-constable E 130.) I took the prisoner—Seath said, in his presence, that he saw the prisoner get on the step of the carriage, and take a knife out of his pocket, and cut the apron off—the prisoner said he was mistaken.
Prisoner's Defence. On the evening I was taken I had been to Mr. Pickford's, the carrier, and coming down Oxford-street, I picked up this apron on the wood pavement, close to the curb; I was then going up Rath bone-place, and this man came and took me; when I went back from Rath bone-place we
met the policeman, before the boy had returned, who had been sent for one. We passed about fifty yards beyond Rathbone-place, and there I saw the carriage which the man said the apron belonged to. That was the first time I had seen the carriage, and I was then taken to the station.
GUILTY . Aged 27.— Confined Six Months.
THOMAS JAMES BLAKE . I keep a warehouse in Fenchurch-buildings—the prisoner was my porter—I left him in my warehouse on the evening of 12th of Sept., about six o'clock, with a tierce of sugar to empty—when I returned at night, I was informed that two policemen had been there, stating that they had taken the prisoner into custody—the next morning they produced this sugar to me, which I believe to be mine—I cannot swear to it, but I had some exactly corresponding with it in my warehouse.
Cross-examined by MR. HORRY. Q. Was any purchased of you by the prisoner? A. No, he never had any of me and paid me for it.
MICHAEL CORNEY (police-constable H 138.) I saw the prisoner coming along Whitechapel, I followed him to Brick-lane—I there stopped him, and asked what he had got—he said some sugar which he got from bis master's, and was going to take it home to his mother—he said there was 19lbs. of it, and he bought it at 6d. a pound—I weighed it, and found there were 17lbs.
(The prisoner received a good character.)
GUILTY. Aged 19.—Recommended to mercy by the Prosecutor. — Confined One Month.
SARAH GOODS . I am housekeeper to George Mercer, of Queen Anne-street, St. Marylebone—the prisoner was employed at the house—I have not missed these blinds, it being an empty house—I have examined these, and they correspond with the others that are there—I have every reason to believe that they are my master's—the prisoner worked there as a labourer.
PATRICK JENNINGS (police-constable D 123.) At half-past six o'clock on Monday evening, the 9th of Sept., I saw the prisoner coming with the blinds to Little Marylebone-street—I took him and them into custody—I took him to the station, and there he said he took them from No. 54, Queen Anne-street—that is the prosecutor's house.
GUILTY . Aged 36.— Confined Two Months.
NOT GUILTY .
FRANCES DARWIN STOKES . I am the wife of Thomas Newton Stokes, of Middleton-street, Clerkenwell—the prisoner was in my service on the 4th of Sept.—she said I owed her 3s. 4d.; 2s. for the carriage of a box, 1s. for a pound of butter, and 4d. for some beer, and other things she had fetched—she complained that part of the butter had been taken from the safe by my lodger up stairs—we made inquiries at the butter-shop—she said she had
bought 1lb. of butter at Mr. Gunston's, and the shopman said it was but three quarters of a pound that she had been in the habit of purchasing the last three months.
WILLIAM LEWIS MEDWIN . I am in the service of Mr. Gunston, of Goswell-street—the prisoner came to me on the 3rd of Sept. for three-quarters of a pound of butter, and paid me 2d.—I am sure she had not a pound.
Prisoner. I was not there at the time—I was there at five o'clock, and had half a pound—I was not there between eight and nine, when he says I was. Witness. I am quite sure she was there between eight and nine, and had three quarters of a pound.
GUILTY . Aged 31.— Confined Three Months.
GUILTY . Aged 17.— Confined Three Months.
JOHN LITCHFIELD . I am a builder, living in Bethnal-green—I am re-building the Lunatic Asylum there—the prisoner was employed by me as a labourer—here are five boards—I believe them to be part of what I had there—the prisoner had no authority to take them.
Cross-examined by MR. WILDE. Q. Were there many other labourers there? A. Yes.
JOHN JAMES . On the 12th of Sept. I was passing the Asylum, and saw the prisoner putting boards over the palings—I then saw him coming through the hedge with one or two of them—he put them together, and took them to the furthest end of the wall, and got over the fence himself—he carried them away—I followed him into Sugar-loaf-alley—he said to me, "You have been following me with these boards "—I said, "Yes, I have, you had better take them back "—he said, "I had them given to me;"—he then said he bought them, and abused me—the officer came up, and I gave him in charge.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Three Months.
JOHN TAYLOR . I am an upholsterer, and live in St. John-street-road. On the 14th of April, between eight and nine o'clock, I had a moleskin tablecovering safe inside my shop—on Monday, the 16th, it was brought back by the officer—this is it—it is mine.
HENRY TURPINE (police-constable G 119.) About ten o'clock, on the 14th of Sept., I was on duty, and saw the prisoners in Middle-row—Gill had this table-cover, wrapped up, partly in a bag and partly out—I followed them—they ran away—I ran about 200 yards, and Gill dropped this.
Dansey. Q. How can you swear that you know me? A. I saw you both—I have seen you together repeatedly.
JOSEPH STEWART . I am twelve years old—I was coming up Baltic-street, and saw both the prisoners running—Gill had this cover in his hands—they ran, and nearly knocked me down—I am sure that Dansey is the young man who was with him.
Dansey. You said on Monday morning you did not know me. Witness. I know you and I know Gill—I have seen you before—I did not know
your name at the station—they asked me which one it was, and I told them.
JAMES BRANNAN (police-sergeant G 20.) I received information, and went to Gill's lodging, in Bunhill-court—I told him I wanted him, that he answered the description of a person who had effected his escape on Saturday night—he said, "Don't say anything here, for God's sake"—I said, "I suppose Brown was with you"—he said, "No, he was not, it is quite useless to deny it"—he told me another name, and I went after Dansey—I told him he must consider himself in custody for stealing a piece of oil-cloth with Gill on the Saturday night—he said he had not seen him, and after that, he said he had been playing at skittles with him at the City of Chester public-house—a the station, Gill said, "I suppose we shall get off with seven years at the ship, or the Isle of Wight?"
Gill. I was in the City of Chester, playing from ten till twelve o'clock.
Dansey. I left home about seven o'clock; I went to the Feathers, and played at skittles, and was there till past ten, and then I went to the City of Chester, and saw Dansey there, playing at skittles.
GILL*— GUILTY . Aged 12.
DANSEY*— GUILTY . Aged 21.
Transported for Seven Years.
MR. DOANE conducted the Prosecution.
JOSEPH JOLLY . I am a brush-maker, living in Hornsey-road. Hatcher was an apprentice of mine, Birk had been my apprentice, and was now a journeyman—I gave them in charge, and heard the policeman ask them if they had sold or pawned any bristles—they said, no—I saw some duplicates found on them—I had not given either of them any authority to part with any of the bristles—I had missed some for a considerable time—I cannot identify these bristles, but I believe they were extracted from my stock—I have missed such at different times—they had neither of them authority to be offering them for sale in the Newington-road.
Cross-examined by MR. WILDE. Q. Birk has been in your employ some time? A. Yes—I have had good reason to be satisfied with his conduct up to Christmas last.
JOHN RAWLINSON . I am an awl-blade maker, and live in Norman-buildings. On the evening of the 5th of Sept I was in Mr. Balcher's shop—while I was there, Hatcher came in with 6lbs. of bristles wrapped up in a silk handkerchief—he wanted 18s. a pound for them—Mr. Balcher did not buy any—I saw Birk waiting outside—when Hatcher went out, they joined, and walked away together.
SAMUEL BARNETT . I am servant to Mr. Dicker, a pawnbroker, in Lambeth-marsh. On the 6th of Sept. I received these bristles in pawn from Hatcher—I gave him 1l.; on them—this is the duplicate I gave for them—( looking at it.)
(Hatcher received a good character.)
BIRK— GUILTY. Aged 23.—Recommended to mercy by the Prosecutor. Confined Six Months.
HATCHER— GUILTY . Aged 18.— Confined One Year.
FLETCHER WOOLLEY . I am a lamp-maker, and live in Holborn. About a quarter-past eleven o'clock in the morning of the 4th of Sept. I left my shop for about three minutes—when I came back I missed a lamp—this is it.
Cros-examined. Q. How do you know it? A. Here is my name on it—I had been cleaning the window, and placed it in the window—I had received it from Birmingham the day before.
Cross-examined. Q. Did you object to take it in? A. Yes, when he brought it, I questioned him—he said his father was outside, and a man came in and represented it to be his—I live in the Strand—he came the next day, and I said I suspected the lamp was stolen—he then said he knew nothing about its being stolen.
THOMAS BRADLEY (police-constable T 104.) I took the prisoner at the pawnbroker's the next day, when he went to pawn something else—he said he did not pawn the lamp, but his father did; and when he was at the station he said his father had been dead eleven years.
GUILTY . Aged 18.— Confined Four Months.
WILLIAM HENRY DASH . I am in the employ of Martha Dash, my mother—s e is a widow, and keeps a hatter's shop in Tottenham-court-road—she lost a hat on the 10th of Aug.—this is it—I am able to swear it is our make—I am sure it had not been sold—the prisoner has never accounted for selling it—we could not miss it.
Prisoner. The money it was sold for I gave to Mrs. Dash.
MARTHA DASH . I did not sell this hat—the prisoner is my porter—I had such hats as this—I never sold the prisoner one, and I never received the money for this—I have sold the prisoner gossamer hats, but not such as this—t e prisoner was merely an errand-boy when I took him first—this hat which he sold for 5s. is worth 12s.
PHILIP PAYNE . I am barman at the Bull's Head, Tottenham-court-road. About twelve months ago the prisoner brought me a hat for sale—he asked me whether I wanted a good hat cheap, and I bought it for 10s.—it was new—I bought two other hats of him—I bought one about two months ago for 5s.—this is the last I bought.
FRANCIS FRYER (police-constable E 15.) I took the prisoner—he said he had received 10s. in part payment, of the barman at the Bull's Head, that he was to receive the other 14s. on the following Monday, and he said he had paid the 10s. to Mrs. Dash.
Prisoner. People often came in, and I served them with hats; the money I had for the hats, Mrs. Dash had; she always had the money when I sold any.
JURY. Q. Was he in the habit of selling hats? A. He sold them in the shop at times, but was not to take them out.
GUILTY . Aged 23.— Confined One Year.
(There were three other indictments against the prisoner.)
Bedford-square. About the 27th or 28th of July, I went abroad with my family—I left my family in France—I was absent from home about four days—I was then backwards and forwards, leaving the prisoner, who was my servant, in custody of my house—I left my coat there, and missed it when I came home—this is the coat I left.
Prisoner. You left me on board wages, with only 1s., and when you came back the second time I asked you for a sovereign, which you denied me; if you had given it me I would have got the coat out. Witness. My clerk was in the house, and I told her that anything she might want she might have the money of him for; and independently of this, I find there are bills of the tradespeople for what she has had, which I shall have to pay for.
MR. WHITCOMBE re-examined. On my return my clerk gave me thirty duplicates of things which the prisoner had pawned—I held them in my hand, and I said to the prisoner, "I understand you have been robbing me of a great quantity of property"—she said, "It is quite true, I can't deny it," and she went down on her knees, and hoped I would have mercy on her.
FREDERICK DAVIES . I am clerk to the prosecutor. The prisoner told me she had pawned things to the amount of 4l.;, and she wanted to give me the duplicates—I said I would not take them, she must give them to Mr. Whitcombe—she might have had money from me, and I told her where the tradespeople lived where she might get goods.
Prisoner's Defence. I acknowledge pawning the articles, but I solemnly declare I did not intend to defraud my master; I intended to get them out with my wages; I told my master, and told him to keep my wages till he was satisfied, but he would not hear a word, but gave me in charge.
GUILTY . Aged 23.— Confined One Year.
(There was another indictment against the prisoner.)
GUILTY of a Common Assault. Aged 33.— Confined Two Years.
NOT GUILTY .
JOHN THOROGOOD . I live at Dagenham, in Essex, with my mother, Ann Thorogood, who is a widow—I manage hex farm for her—the prisoner was a carter in her employ for about three months—on the morning of the 18th of Sept. I gave him direction to take a load of potatoes to the Borough market—I have examined some clover hay which has been produced to me—it is very much like our hay—I would not like to swear to it—we had such growing on
our farm, of the same quality and growth—the prisoner was allowed half a truss for his horses—he was not authorized to leave any anywhere.
Cross-examined by MR. HORRY. Q. Were you at the loading of the cart? A. No, it was loaded by somebody else—the hay for the horses is left out for the prisoner by one of my workmen, who is not here—the prisoner was about three months in my service.
CHARLES WOOD (police-constable K 233.) I was on duty at Ilford about half-past three o'clock in the morning of the 8th of Sept.—I saw the prisoner come to the White Hart public-house, in the green lane—he went in at a side door, towards the back of the premises—the house was closed—in three or four minutes he came out again, took a truss of clover hay off from his cart, and took it round towards the back of the premises at the side of the house—I saw him return, and nothing with him—I asked him where he had been—he made no answer—I opened the side door where he had gone, and saw a truss of clover hay there—I asked him about it—he said he was very sorry for it, and he hoped I would not take any notice of it, it was the first time he had taken any there, but not the first time he had had beer left out for him there—I found a glass bottle just close to the truss of clover hay, which had recently had beer in it—there was about a table-spoonful in it then—I took him into custody, and informed his master—the hay weighs forty-eight pounds—there were three nose-bags full of hay besides, and about half a truss of the same quality as that he had left, and a small quantity of loose besides.
Cross-examined. Q. What time in the morning was this? A. About half-past three o'clock—I went round the house, and tried the front door—it was all locked—the hay was left inside the side door, going round to the back of the premises.
GUILTY . Aged 39.— Confined Twelve Months.
ROBERT HOBSON . I am a grocer and general dealer, and live at Walthamstow. I am building a house there—on the 23rd of Aug. I engaged the prisoner and another man to saw some timber for me in Marsh-street, Walthamstow, about a quarter of a mile from where I live—I set them to work on Friday the 23rd, and paid them 5s., but I did not go to look at their work at all—they finished on the Saturday night, and came to me, and I paid them—I went on the Monday to see what work was done, and I missed some of the timber—I knew there was a considerable portion of the timber not there which ought to have been there—there was no part of the outside of the timber there—they were trees that they had to saw—I received information, and went to the Cock public-house, kept by Joseph Hicks—I went to the stable there, and found five slabs of timber, and the ends of two trees—I was quite certain they were my property—I had seen them a great many times—I had the trees cut down, and they laid on my ground about twelve months—that was a portion of the timber which the prisoner had to cut up—I gave information, and the prisoner was taken.
Cross-examined by MR. WILKINS. Q. I believe you agreed to give them 4s. a hundred feet? A. No, I agreed to give them 12s. for the job—mine was a fixed price—I do not understand the measure of timber—I have not since ascertained that the customary price is 4s. a hundred feet if they have
the chips and slabs, and 5s. if they have not—I have ascertained that it is the custom on some occasions, but mine was a fixed price—I do not know on what occasions the slabs are the perquisites of the men—some of this timber was elm, and some chesnut—these ends were the whole parts of the tree, just as they stood—they were about four feet long, and were straight with the rest of the stick—they ought to have been cut up with the other—the trees were not cut into planks, but into rails for common fencing.
WILLIAM SIMMONS . I am a labourer, and live in Marsh-street. On the 24th of Aug. I saw the prisoner and another man sawing the wood up, and in the afternoon I saw them take some wood to Mr. Hicks' stable—I saw them go backwards and forwards to the sawpit, and take a bit of wood every time to Mr. Hicks' stable—it was outside planks which they carried—I cannot say how often they went—it was more than once or twice—some of the pieces were as much as the two men could lift, and some of them one man carried—I saw them both engaged in carrying the pieces, and the prisoner was one.
Cross-examined. Q. Do you know a man named Hagger? A. Yes—he carried a piece of elm, but what I saw the prisoner carry was slab—I could not swear that I saw the prisoner do that more than twice.
JOSEPH HICKS . I am the landlord of the Cock public-house at Walthamstow. I know the prisoner—on Friday, the 23rd of Aug., I saw him and another man—they took their meals at my house that day, and I saw them sawing timber near my house—I cannot say whether it was the prisoner or the other man who spoke to me, but one of them, in the presence of the other, asked me if I wanted to buy some chips—I asked where they were, and whom they belonged to, and they said to themselves—I said I would go and look at them—I went into the yard and looked at them, and purchased them—they were chips, which are the refuse of the cuttings—on the Saturday they came again to my tap-room, and had three pots of beer, and said they had some more chips—I went out, and saw them cutting timber—I said, "These are the chips you mean?"—they said, "Yes"—I said they had had rather more beer than the chips were worth—(it is a natural conclusion that the chips are their perquisites)—there was a piece of elm timber lying by the side, and they said if I would give them another pot I should have that slab—I took my basket of chips in, and asked Hagger, who was standing by, to bring the slab into my stable, which he did—I went into my stable the next morning, and saw four other slabs beside the one I had bought of them, and two ends of trees, which I believe to be two elbows—the policeman took them.
Cross-examined. Q. I believe you know it is customary for men engaged in sawing to have the slabs and the chips? A. Yes—they are entitled to have them, except they make an agreement not to have them.
FREDERICK JENKINS (policeman.) I went to Mr. Hicks' stable, and found this wood there—I took possession of it—one of the slabs was fourteen feet long, one foot wide, and fourteen inches thick in the thickest part of it—the shortest piece is here.
NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 16.— Confined Ten Days.
Before Mr. Justice Cresswell.
MR. CROUCH conducted the Prosecution.
JOHN GAY WATERS . I am coachman to Mr. Munyard, of Woolwich—he keeps a stable-yard there. On the 1st of Sept. I was in the neighbourhood of the stable-yard, and saw a fight between one Glover and the prisoner's friend—I do not know his name—it was just before twelve o'clock at night—only two were fighting—the prisoner was not one of them—Glover was tipsy—I went up to him and said, "George, you had better go home; you will get taken to the station, fighting on Sunday-night"—I put my arm on his shoulder, and something catched me under the arm—I turned round to see what it was, and the prisoner catched me again in the side—I saw him stab me in the side—I did not see him stab me in the arm—he was standing behind the man that was fighting—one or two other persons were standing there as well, but they were in liquor—I turned round and saw the prisoner with a knife in his hand—I saw him shut it up and put it in his right-hand pocket—I did not see the knife in his hand before he stabbed me the second time—I gave him no provocation—I bad only finished my work about five minutes, and came out of the yard—I had not known the prisoner before—he was backing his friend up—I heard him say, "Go it"—they were all saying "Go it"—when I found my arm was bleeding, I called the police—I did not know my thigh was bleeding.
COURT. Q. You were stabbed in the side? A. Just at the top of my thigh—it bled very much—I did not go to work for two days—they sent for a medical man at the station—the prisoner was taken to the station—Mr. Thompson attended me at the station.
Cross-examined by MR. HORRY. Q. There were a number of persons before the door of the Ship tavern? A. About five—there was a general scuffle—two were fighting, and the others looking on—there was not general confusion—they were all standing round him, saying, "Go it "—they were all talking—there was a disturbance—I saw the prisoner looking on, the same as the others—I had not seen him before I put my hand on his shoulder—I saw him shut the knife, and he was going to run away—I got on one side of him, and called "Police!"—the police ran up—they got round him, and would not let him run away.
KITT THOMPSON . I am a surgeon, and live at Woolwich. On the morning of Sunday, the 6th of Sept., about one o'clock, I was called to the policestation, to attend the prosecutor—I found a wound on the middle of his right fore-arm, inside—I cannot say whether a person striking behind would inflict a wound there—it was an incised punctured wound—I did not ascertain the depth—it was not severe, more than wounds in general—there was another wound in the upper part of the left thigh—that was a smaller wound—a little more than an inch in extent—I did not ascertain the depth—it must have been made with a sharp-pointed cutting instrument—it might have been inflicted with this knife—(produced)—the wound in the arm might have been
dangerous, as it was near a large nerve and a large artery—the other was not dangerous—I attended him two or three days—he is not suffering from it now.
Cross-examined. Q. You did not ascertain the depth? A. I did not think it prudent to do so—I do not think, if a man was struggling with another with a knife in his hand, that it might have been inflicted accidentally.
THOMAS MASTERS (police-constable R 173.) On Sunday night, the 1st of Sept., I took the prisoner into custody—I searched him at the station and found a knife in his right-hand pocket—this is it—I have had it ever since.
GUILTY of an Assault, Aged 23.—Recommended to mercy by tht Prosecutor.
Confined Four Months.
JOHN WHITE (police-constable R 180.) About half-past three o'clock in the afternoon of the 17th of Sept., I was on duty at Lee race-course—I saw the three prisoners and another person not in custody, together—I saw Watkins put his band into a gentleman's pocket, and take from it this silk handkerchief—I saw him hand it to Bartlett, who put it into his bosom—I took them all three into custody, and took the handkerchief out of Bartlett's bosom—Fraser was there, covering them—I asked the gentleman if he had lost anything—he said, yes, his handkerchief—they were close to him—he refused to come to the station—after a long while I got him to the station, but he refused to give his name or address—I have never found oat who he was—this is the handkerchief.
CHARLES NIMMO (police-sergeant R 7.) I was on duty at the station when the prisoners were brought there with a gentleman—he refused to give his name and address, but stated in the prisoners' presence that the handkerchief belonged to him.
JOSEPH WHITE (police-constable R 330.) I was on duty at the races—I saw the prisoners there in company with another not in custody—I saw Watkins take this handkerchief from the gentleman's pocket, and pass it to Bartlett—Fraser was covering them both, standing behind them—previous to that I had seen them try several gentlemen's pockets on the race-course.
Watkins, I am very sorry, indeed.
Fraser's Defence. I was standing on the racecourse, when the policeman came and caught hold of me.
Bartlett's Defence. I know nothing of the handkerchief; they laid hold of me while we were standing on the race-course.
WATKINS— GUILTY . Aged 15.
FRASER— GUILTY . Aged 15.
BARTLETT— GUILTY . Aged 15.
Confined Six Months.
Before Mr. Recorder.
JOHN BOVIS (police-constable R 139.) On the 30th of Aug., between fire and six o'clock in the afternoon, I was on duty near New Cross-gate in the Kent-road—I saw the prisoners in company together, and Roberts had a
green bag on his shoulder—I stopped them, and asked him what he had got in the bag—he said, "I don't know"—I said, "Where did you get it?"—he said, "I found it on Blackheath amongst some furze"—he was nearly a mile and a half from Blackheath—I and another officer took the prisoners to the station, and found this ham in the bag.
ANTHONY JOSEPH SALAME . I am a grocer and cheesemonger, and live in Lee-road. The ham that the officer produced to me in the green bag was mine—I had had it hanging on the side of my shop door—it was safe at four o'clock on the 30th of Aug., and it was found by the officer at half-past five, about one mile and three quarters from my place—here is the mark in it where the hook was.
NANCY ELIZABETH FAREBROTHER . I was walking near Mr. Salame's shop, on the 30th of Aug., about half-past four o'clock—I saw the prisoners and Roberts had an empty bag with him—I came out of a beer shop in a few minutes, and saw the prisoners again, and the bag was still empty—in about a minute after I walked down by Mr. Salame's, and the prisoners were in his shop—they came out while I was there, and Roberts had something in the bag.
ROBERTS— GUILTY . Aged 14.
ANDREWS— GUILTY . Aged 16.
Confined One Year.
JOHN PERRY FOSTER . I am a bricklayer, and have been at work in the Kent-road. I was at the Eight Bells, on Sunday night, the 26th of Aug., between ten and eleven o'clock—the prisoner was there, and I accompanied her to a house in Church-street where I slept—I had the three half-crowns, and the other money stated in a bag when I went to bed—I put it under my pillow safely in my trowsers pocket when I went to bed—I had given the prisoner 5s., and I had about 15s. left—when I awoke about six in the morning the prisoner was gone—my trowsers were moved, the pocket turned inside out, and the bag and all the money gone—I gave information—I had just come by a steamer from Woolwich—I was quite sobers—I am sure the prisoner is the person.
Cross-examined by MR. HORRY. Q. You went to her house the next morning? A. The policeman did—I went afterwards—I did not tell the policeman where to go—I did not know where to find her—I did not go into the Eight Bells with the prisoner—she came in there—I was not drinking with any woman at the bar—I had only just come off the steam-boat, and I went in there to get a glass of refreshment, as I had just come off the water—there were some women there, but they were not around me—I might be in the house half an hour, and all the time I was in front of the bar—I cannot say whether I spoke to the prisoner first—it was not many minutes after I spoke to her that I went out—we had a small glass of gin and water in the Eight Bells—before I spoke to her I had a glass of half and half—after we left that house, she took me to a place close by the church—I gave 1s. 6d., for the room, and after that we went out and bad three glasses of gin and
water, and then we came back—I gave her 5s., and then went to bed—the Rose and Crown might be the sign of the house where we had the gin—I paid 1s. 6d. for what we had there—there were persons about that house—I took my money out, and counted it exactly before I went to bed—I put it into my bag, and placed it in my trowsers under my pillow—I went to her house after the policeman had been there—that was not the same house that I had slept in—I did not know before I went with her that night where she lived—I did not know anything about her keeping her brother's house—I did not have her address before I went to the house with her—I had never seen her before, and had not been in Greenwich for years—I asked to go home with her, and instead of taking me home she took me to that house.
JOHN WHEBLE (police-constable R 300.) On the 26th of Aug., at half-past six in the morning, I was going home from off duty, and I met the prosecutor in the Greenwich-road—he could give me no description of the prisoner, but said if he saw her he should know her—I asked if be could show me the house where they had been, and he did—he said he had been robbed of 15s.—I inquired of the persons who keep the house where they slept, and they told me where the prisoner lodged.
Cross-examined. Q. Did you go to the prisoner's house then? A. Yes—I told her what she was charged with—she showed me a work-box, and produced some money—she said it was hers, and all she had—it was 13s. 2d.—s e put it into her pocket, and I did not feel at liberty to take it.
Prisoner's Defence. He gave me 5s., and I had put 8s. by for ray rent; I told him I could not take him home as I lived with my brother; the week before that my brother earned 16s., and since he has been a widower he gives me his money to keep; the prosecutor never counted his money before me; we went up to the Rose and Crown, and had some gin and shrub; I had to get up in the morning to get my brother's breakfast, and I left the prosecutor at four o'clock; when the policeman came I went down in my flannel petticoat and let him in, and gave him the money that I had.
NOT GUILTY .
JAMES FORTUNE . I am a bombardier, of the Royal Artillery. On the 16th of Sept. I left my barrack-room, at Woolwich, at half-past one o'clock—I had a box in my room which had my watch, and keys, and guard in it—I locked my box—when I returned about three o'clock, my box was broken open, and my watch was gone—I went out of the barracks, and overtook the prisoner—I said to him, "Jack, give me my watch"—he said nothing, but he gave it to me—he had got half way between Woolwich and Greenwich—he told me his reason for taking it was that I had vexed him—I had not vexed him, nor said anything to him.
EDWARD JESSOP . I am a gunner of the artillery. I left the barrack-room about two o'clock that day—I left my cap in the barrack-room—I returned about four, and my cap was gone—this is it—it has my name written in it.
DUNGAL M'CLEOD DAVIDSON (police-constable R 289.) I took the prisoner—I told him his brother soldiers gave him in charge—he said, "You may take me"—I took him, and then he struck me several blows on the head, and kicked me very violently—I called for assistance, and we took him to the station on a stretcher.
Prisoner. I was very drunk, and I am very sorry.
GUILTY . Aged 23.— Confined One Year.
WILLIAM LAING . I am a publican, and live at Croydon. On the 17th of Sept. I was at the Tiger's Head, at Lee-green, at half-past eleven o'clock at night—I was standing in front of the bar—I felt a tug at my pocket—I turned round, and caught the prisoner immediately—I grasped him round that he should not pass anything away—I charged him with picking my pocket—he said he had not—I said, "You have taken my handkerchief, and have got it in your pocket"—I was going to pay him for it, but the officer came up and took him—this handkerchief was found in his pocket—it is mine, and the one I had in my pocket.
GUILTY . Aged 23.— Confined Three Months.
NOT GUILTY .
HARRADINE— GUILTY . Aged 29.
RICHARDS— GUILTY Aged 17.
Confined Six Months.
Before Mr. Recorder.
GUILTY . Aged 32.— Confined Six Months.
NOT GUILTY .
2365. HENRY HOWARD was indicted for burglariously breaking and entering the dwelling-house of William Frederick Shoebridge, about the hour of two in the night of the 26th of Aug., at St. George the Martyr, with intent to steal, and stealing therein, 1 caustic tube, 1l.; 2 cigar-cases, 5s.; and 1 spoon, 3s.; his property: and that he had been before convicted of felony.
WILLIAM FREDERICK SHOEBRIDGE . I am a surgeon, and live at No. 5, Northampton-place, Old Kent-road, in the parish of St. George the Martyr, Southwark. On the 26th of Aug. I went to bed at twelve o'clock at night—the house was fastened—I noticed the door leading to the garden, on the kitchen stairs, was fastened—the stair-case window was down, but not fastened—I put my hand to it, and found it was down—I was awoke at two minutes before six, by my watch, as I looked at it—I had made it five minutes too fast on the Sunday previous, for a particular purpose, and have every reason to believe it was not really six at the time—my watch goes well—as I came down I noticed the stair-case window open, and in the back parlour and surgery a great many lucifer-matches were strewed about—they did not
belong to me—they were a different sort to mine—nearly all of them appeared to have been lighted—I missed a tea-spoon from the back sitting-room, and a caustic-case, and two cigar-cases from the surgery—one cigarcase has not been found—I have since seen part of the goods I lost—I have a ladder which was found under Mr. Cole's premises, under the staircase window—nobody could get to the window without the ladder—when the prisoner was in custody, I noticed a dark mark, of what I considered caustic, on his hand—there was caustic in the case I lost, and it could not have been taken out of the case without using the fingers, it was dropped in so tight.
ANN GATTY . I am the prosecutor's servant. On the 27th of Aug. I got up a little before six o'clock in the morning—as I came down stairs I heard a factory-bell ring, which calls the men to work about six—I noticed the staircase-window on the first floor open—the cupboard-doors in the surgery and parlour were open, and lucifers on the floor—the garden-door was partly open—I had gone to bed about half-past eleven over night, and left my master up—the house was quite fast when I went to bed.
JOSEPH NUNWICK ROSIER . I am a pawnbroker, and live in Tooley-street. On the 27th of Aug., about eight or nine o'clock in the morning, the prisoner came and offered me the upper parts of six tea-spoons, broken asunder, and several pieces of surgical instruments—I asked how he became possessed of them—he said he found them in the New-cut, Lambeth, and considered them his property—not being satisfied with his statement I called a policeman, and gave him into custody.
Prisoner. He came to the hall on Saturday, and was shown me by the policeman; he said I was not the person, but similar; the policeman has persuaded him. Witness. No, it was not me; I understood the policeman got another person to look at him; the policeman took him in my presence.
ROBERT ELSTON (policeman.) I stopped the prisoner at the door of Mr. Rosier's shop—I asked what he had been there for—he said, "To sell some pieces of old silver, but they would not buy them"—I asked him to let me see them—he gave them to me—I asked where he got them—he said he picked them up in the street—in going to the station he made his escape—he was retaken on the 31st of Aug.—I am certain he is the person I took into custody at Mr. Roster's shop door—I did not know him before.
Prisoner. Q. When you first saw me, if I am the person, did not I run very fast? A. Yes, you went into the Mint—I hallooed out to the people to stop you, but they stopped me—I took these silver things from the prisoner's hand; a cigarcase was sent to the station.
Prisoner. I have a bad leg; I can scarcely lift it off the ground, so it could net be me.
MR. SHOEBRIDGE re-examined. These are the things I lost.
Prisoner's Defence. The things were never in my possession at all.
THOMAS ROBERT COLEMAN . I am assistant surgeon of the gaol. The prisoner has a bad leg, but can run many yards with it—it must be of some weeks' standing, decidedly before the 26th of Aug.—it is ulcerated from accident, I believe, and from the bad state of his constitution—it has been getting worse—the danger of being apprehended might enable him to run many yards—it is merely a superficial wound, not affecting the muscle.
GUILTY . Aged 25.— Transported for Ten Years.
(There were two other indictments against the prisoner.)
2366. WILLIAM WINDSOR was indicted for stealing 1 purse, value 1s.; 5 shillings, and 2 sixpences; the property of William Nicholas Crouch, from the person of Lydia Crouch; and that he had been before convicted of felony.
LYIDA CROUCH . I am the wife of Frederick William Crouch, and live in Brook-street, Kennington-road. On Wednesday, the 21st of Aug., about two o'clock in the day, I was walking near Garden-row, London-road—I missed my purse, containing five shillings and two sixpences, from my right-hand pocket, on being spoken to by a person in the street—I had my purse safe about ten minutes before—I did not perceive it done.
Cross-examined by MR. CHARNOCK. Q. Where were you when you thought you had it in your pocket? A. In the Surrey theatre—I had been there to rehearsal—I had occasion to put my hand into my purse there, to pay some money—Garden-row is about five minutes' walk from the theatre—I carry my handkerchief in my pocket in which my purse was—the handkerchief was not taken—the purse was not particularly light—it has not been found—it was a striped silk purse.
HENRY HUGHES . I am in the service of Mr. Folkard, a pawnbroker, in the London-road. On the 21st of August, about two o'clock, I saw the prisoner near Mrs. Crouch, who was walking in Garden-row—the prisoner was in company with three others—I saw him take up Mrs. Crouch's gown in his hand, and put his hand into the pocket, take it out, and put it into his own trowsers' pocket, as if he delivered something into his pocket—they then all turned round, and seemed consulting which way they should go—they walked out into the middle of the road—I ran down into the shop, and told our young man what I had seen done—I took him to the side door, and showed him the prisoner—I said, "Shall I go and lay hold of him?"—he told me to wait till he saw a policeman—he went, and saw one, and directly they saw him call a policeman they all ran away—I was on the second floor, and had a full view of the street—I distinctly saw the prisoner lift the dress and put his hand into the pocket.
Cross-examined. Q. What side of the road was this? A. The opposite side—the street is about fifty yards wide from where I saw him—I was not in the warehouse—that is on the third floor—Young was the person I spoke to—he is not here—I showed him the prisoner—he took the purse from the lady's right pocket, and put it into his left—I did not see what it was—he had it in his hand, closed—it was a fine day—I had never seen the prisoner before—I was looking at him four or five minutes—I ran down—I thought that was the best way of catching him—this occurred on Wednesday—I saw him two days after in Tower-street station; not in the ceil; he was brought out by a policeman to me into a room—the policeman said, "Is this the man?"—I said, "Yes"—I have made mistakes in my life very often—I do not attend in the shop—I am seventeen years old next month.
COURT. Q. How is your sight? A. Very good indeed—the prisoner had on a green frock coat, black trowsers, Wellington boots, black satin waistcoat, and black silk handkerchief—I described him to the policeman, by his countenance and dress too.
JAMES SARTAIN (police-constable L 101.) On the 21st of Aug. I received information from Hughes, and on the 23rd I apprehended the prisoner in the Westminster-road—I took him to the station, and fetched Hughes, who identified the prisoner—I was not the constable that pursued him—he was dressed as he is now—Hughes mentioned to me that he had a green coat and black satin waistcoat.
Cross-examined. Q. You took this man with a green coat? A. Yes—I never saw any one in a green coat answering his description—I took him,
brought Hughes, showed him to him, and he said that was the person—I did not say, "Are you certain it is him?"—I did not take anybody else into custody.
GUILTY . Aged 18.— Transported for Ten Years.
2367. WILLIAM TAYLOR and MATTHEW SMITH were indicted for burglariously breaking and entering the dwelling-house of James Cadwalleder Parker Lowe, about the hour of eight in the night of the 18th of Aug., at Bermondsey, with intent to steal, and stealing therein, 7 bottles, value 1s.; and 1 gallon of wine, 1l.; 8s.; his goods; and that Taylor had been before convicted of felony; to which
TAYLOR pleaded GUILTY . Aged 23.— Transported for Fourteen Years.
SMITH pleaded GUILTY . Aged 29.— Transported for Ten Years.
Before Mr. Common Sergeant.
2368. WILLIAM POND, WILLIAM HENRY , and WILLIAM MEAD were indicted for stealing 3 fire-shovels, value 2s.; 3 pokers, 3s.; 2 pairs of tongs, 2s. 6d.; 2 lamps, 10s.; 1 clothes-rack, 6d.; and 1 table, 2s.; the goods of Lyne Stephens.—2nd COUNT, stating them to be the goods of John Stewart, their master.
MR. CROUCH conducted the Prosecution.
JOHN STEWART . I am an auctioneer and furniture-dealer, at Putney. About the 14th of Aug. I was employed by Mr. Lyne Stephens, to sell a house full of furniture, in Roehampton-lane—I sold them on the 21st—I got possession of the house in which the furniture was on the 14th of Aug.—I know the prisoners—Mead was generally in my employment, and the others occasionally, only for this sale—I placed them all in the house to take care of the furniture—Mead was put in on the 14th of August, and Pond and Henry on the 19th—I paid them 5s. a day—in consequence of something I heard on the day of the sale, I went to the Sun public-house, on the morning after the sale—I had missed a mattress—I saw two hall lamps at the Sun—in consequence of something the landlord told me, I went to Rollins, a broker in the neighbourhood, and there saw two sets of fire-iron, and part of another set on the floor—I took them up—he went with me to the place where the sale was held—we met Henry on the road—I had the fire-irons in my hand, and said, "Henry, do you know anything of these?"—he said, "I do not"—I said, "Well," come back with me to the sale "—he did so, and Rollins also—when we got to the house, the other two prisoners were there—I brought Rollins into their presence, and said, "Rollins, which of these did you buy the fire-irons and the lamps of?"—he said they were all together—I said, "You have no authority to buy these;" and said I should give them into custody for stealing them—he said he had bought them that same morning, that he had paid 18s. for them, that he gave part of the money to Mead and part to Pond, and they were all present when he paid the money—he said he paid 9s. to each of the two—the prisoners made no answer to that—I sent another man I had there for a policeman, who came and took them into custody—there were two sets of fire-irons, and part of another set, produced—the table was not produced then—it was afterwards, before the Magistrate—it had been sold by Rollins to some one in the village—I cannot identify any of these goods as belonging to the furniture in the house—I do not think I can identify the
table—I was at the house on the morning of the 21st, about half-past eleven o'clock—the sale commenced at half-past twelve—I found a shade on the premises that fitted these lamps now produced—they are the lamps I saw at the Sun, which Rollins said he had bought from the prisoners—I had sold the shades the day before in a lot, to a lady named Sowster—I afterwards procured one of the shades from the lady who bought them—it is here—this is the shade I sold—it has been off the premises—to the best of my belief it is the same shade I sold to Mrs. Sowster—she is not here—it is the property of Mr. Stephens—I could not find the lamps they belonged to—the table is here—I had seen a similar table the day previous—I cannot take on myself to swear to it—it is like it—I missed a table of a similar description—there were a good many tables sold, but not many like that—there was no property in the house that the prisoners had a right to sell—there was no property in the house but what belonged to me or Mr. Stephens—they had no means of having property, or any right to sell any in that house—my orders were, that nothing should be delivered from the house till I or the clerk arrived—nothing had been delivered by my orders before that time.
Cross-examined by MR. WILKINS. Q. Have you employed any attorney in this case? A. I have not—I have given all the information I could to my counsel—I do not know who drew the brief—Mrs. Sowster keeps an imn at Wimbledon—I cannot swear to a single article produced—I have, no doubt, sold some hundreds of lamp-glasses—you would not find several thousand glasses in London that would fit that lamp—the circumference differs—it would not answer for glassblowers to make a single globe of that description.
COURT. Q. How came you to give your instructions to counsel? A. From knowing the counsel—I went to the counsel, and told him I wished he would undertake my case—my clerk makes my catalogues, and not either of the prisoners.
WILLIAM ROLLINS . I knew of the sale in Roehampton-lane, on the 21st of Aug.—I was there two days, that day and the day following—after the sale I purchased of the prisoners a sundry lot, as perquisites, things left out of the catalogue—it was between eight and nine o'clock in the morning—I paid 9s. for the articles, and 9s. which I owed Mr. Stewart I paid to Mead for him, he paid it to the clerk—I laid the 9s. for the articles on the bench or table, before the prisoners, in the kitchen—I recollect well paying 9s. to Mead, to pay for the hall chairs I had bought the day before—I did not pay the 9s. for the articles to one more than the other—I laid the money down on the bench, and one took it up—they were all present when the things were sold to me—they all offered them to me for sale—they laid the lot down before me—I had bought some things the day before—these things have been sold since I bought them, and I should be very sorry to say I know them—I bought them the day afier the sale, not at the sale—if this is the table it is very much altered—I sold it for 2s., and they returned me that as the one I sold—I do not know the fire-irons—they were taken out of my possession without my authority, and I took no notice of them—I had two lamps of this description—I left them in the skittle-ground—they were broken—they have been out of my charge—I cannot positively say whether these are the same—I do not say they are not—I think they are, but I am not sure.
Cross-examined. Q. You are a broker, aro you not? A. Yes, and a cow-keeper—I purchased the things as perquisites of the porters—it has been the custom for many years that things not catalogued, left in the house, are the perquisites of the porters—I have purchased lots before from Mr. Stewart himself in the same way—these men have no regular employment, only a day now and then, and such things arc never noticed by auctioneers, as Mr. Stewart
declared to me when he came to me after a mattress—he did not notice these things, and he gave them up to me—I found the mattress.
MORGAN M'MAHON (police-constable V 40.) On the 22nd of Aug. I was sent for to the house in Roehampton-lane—I saw the prisoners there—I saw no property produced at that time—I saw this property when I went to the station after I had been for the lamps—I got the lamps at Mrs. Sowster's, at the Rising Sun—I have seen them to-day—they are the same I found at the Sun.
SAMUEL PALMER (police-constable V 6.) On the 22nd of Aug. I was sent for by Mr. Stewart, to the house in Roehampton-lane—I met Mr. Stewart as I went there—Mead was in the house, and was given into custody by Mr. Stewart—he said he would pay Mr. Stewart for the fire-irons and lamps—Mr. Stewart said he would not take any money—I saw Pond coming up the lane with a mattress on his shoulder—Mr. Stewart was with me at that time—I do not believe he spoke to Pond—I took him into custody—when Pond came into the room he said he had brought the mattress back—he did not say anything with regard to these things that I recollect.
Cross-examined. Q. Did you ever say before to-day that Mead offered to pay for the fire-irons and lamps? A. Yes, at Wandsworth—I had as fresh a remembrance of it at Wandsworth as I have to-day—I believe I said it at Wandsworth.
GEORGE STRUDWICK . I am a carpenter. On the 22nd of Aug. I saw the prisoners at Barnes-common, and Rollins with his cart—I saw an old lamp put into the cart, some fire-irons, and a table—that was at Mr. Lyne Stephens, in Roehampton-lane—I saw them put into the cart by Rollins himself—he received them from the prisoners—I saw that—I could not swear to the things again.
MR. STEWART re-examined. I am not able to state that I lost any lamps—these things were not in the catalogue.
NOT GUILTY .
MR. CROUCH conducted the Prosecution,
JOHN STEWART . I sent in some furniture to the house in Roehampton-lane—some of it belonged to myself—I sent in a van load of furniture—among it was a mattress, value 30s., and another mattress, not intended for sale, was sent to protect a glass—the mattress was lot 41—when the mattress was brought before the company, I said that was not the mattress—I said so publicly to the porters in the room—I said so to the prisoners—I said, "That is not the right mattress, but we will sell it, as you have brought it"—I made no observation about the other mattress at that time—next day, as soon as I arrived at the place, I asked the prisoners what had become of the mattress—they said they knew nothing about it—I thought the mattress might have gone away, and went to search for it—I went to Barnes, to my son—I got no information about it, and returned to the sale-room—I bad sent for a constable to give the men into custody on the previous charge, and while he was talking to me, Pond brought the mattress up to me, and put it into the house—I gave him into custody for stealing it—I do not recollect whether he said anything—I had charged him with taking the mattress before—this is it—it is the one which was intended for sale, and I am certain it was sent—I saw it put into the cart, and afterwards saw it at the auction-room.
Cross-examined by MR. WILKINS. Q. Do you deal largely in mattresses. A. Sometimes—I had six or seven in my possession at that time—I know this by a large stain of grease at the bottom—it was a second-hand one—it is a horsehair mattress—mattresses are much alike, but I should know it without the grease—it is a peculiar made one—it was in the catalogue—I am sure of that—there were five or six in the catalogue—two of mine—the small one that was sold was not intended to be sold—this was, and another—three mattresses were taken from my premises, but only two were intended for sale—there is no one here from my premises but myself—I saw the small mattress packed—the things were taken to the house about eleven o'clock at night—Mr. Stephens arid I have not had any words about my putting so much furniture of my own into his house—he was aware of my putting so much in—I did not take two van loads—I took one van load, and half of another one—Mr. Stephens gave me permission to put in what lots I wished, about a dozen lots—I did not say to Mr. Rollins, that if I got the mattress back, I would not hurt a hair of their heads, nor anything to that effect—I will swear that—I have been an auctioneer for the last twelve months—I have bought trifling articles of porters, but not lots—I did not consider them their perquisites, not being inserted in the catalogue—they might have purchased them at the sale, perhaps not, under all circumstances.
GEORGE STRUDWICK . I am a carpenter. On the 22nd of Aug., about half-past six o'clock in the morning, I saw the prisoners—they had something with them—I do not know what it was—it was wrapped up in a wrapper—I did not take particular notice of it—I could not tell whether it was a mattress or a bed—it looked like something of that sort—Pond said they were going to the Parcel Delivery Company—I said, "Why not give it to our carrier?"—he was going to take the bundle he had on his shoulder—I went with him to Webb, the carrier, and said, "Webb, I have recommended these men to you with this parcel"—I did not hear the prisoners say anything—they left the parcel at the carrier's—it was put into the cart—I do not know whether they told the carrier where to take it to—I never heard them say a word to the carrier, that I know of—I returned with them to Mr. Lyne Stephens'to take down some curtains which I was employed to do that morning—I saw nothing more.
COURT. Q. How far were the prisoners from Mr. Stephens' premises when you saw them at half-past six o'clock? A. Nearly half a mile.
ELIAS CHARLES WEBB . I live at Barnes, and am the carrier from Barnes to London. On the 22nd of Aug. Strudwick came to my place with two men who were strangers to me—I did not notice them enough to swear to them—they said they brought this mattress to go to London, they were going to take it to the Parcel's Delivery, but Strudwick had brought them to me—I told them to put it into the cart—they did not say where they brought it from—there was a direction on it—I have not got that direction—it went with the parcel—the mattress was afterwards fetched away about eleven, I believe by Pond—I saw him—he said it was the wrong mattress—he left the wrapper to go according to the direction—it went up to London with the cart—I did not go with it—I was at home that day—I did not myself take it anywhere.
WILLIAM ROLLINS , examined by MR. WILKINS. The prosecutor said to me that if he could get the mattress back he would not hurt a hair of the prisoners' heads, and he would give up the things for them to have beer with as usual—he told me to go to the men and tell them so, and they directly went off, and brought the mattress back—I was answerable for it, and I have been answerable for pounds and pounds of furniture before with Mr. Stewart, and never lost any—I told him, if the mattress was in the prisoners' possession I would
be answerable that he should have it—nothing was said about perquisites—the perquisites were the sundry things I had bought that he would give back to me, and the money should be for beer for the prisoners as usual—he said he would certainly forgive them if they brought back the mattrass—he told me, before the policeman, to go and tell them that he did not wish to hurt them.
MR. CROUCH. Q. Where did this conversation take place with Mr. Stewart? A. After I had taken my things from the house—I do not recollect his threatening me with prosecution—nothing was said about prosecuting me—he said he would take care they should never hurt me for these things—I told him I had bought them of him, and he was perfectly satisfied—I have had very great dealings with him—I never said the mattrass was bought as a perquisite, it was the other things.
POND— GUILTY.—Strongly recommended to mercy by the Jury and Prosecutor. — Confined Two Months.
HENRY— NOT GUILTY .
GUILTY . Aged 18.— Confined Three Months.
Before Mr. Justice Wightman.
MR. CLARKSON conducted the Prosecution.
MARTHA STACEY . I live at Marsh-gate, Richmond, Surrey. The prisoner and his wife lodged at my house—on a Thursday, in the middle of Aug., they were up stairs in their room—I was ironing below—his wife came running down to me—in consequence of what she said I unfastened her clothes, and saw she was bleeding very much—the blood was on her stays on her left side, and on her linen—she went out to Mr. Hopley's, and was brought home with Mr. Lomas, the surgeon.
SARAH NEW . I am the prisoner's wife. On Thursday, the 22nd of Aug., I was in a room of Mrs. Stacey's house, up stairs—my husband was at home—we had a few words, very trifling, and I threw some tea in his face, and then he struck me with a knife on my shoulder—we were at tea at the time there was bread and butter on the table, for which he would use the knife—I had my working dress on—I had been out at work—he struck me. under the arm—I did not see the knife—I did not see him take up the knife at all—I was standing at the side of the table—he did not say anything when he struck me—I ran down to Mrs. Stacey, and then to a neighbour's house, and Mr. Lomas was sent for.
Cross-examined by MR. PAYNE. Q. Was the tea hot? A. Yes—he had never done anything of the kind to me before—I do not think he did it intentionally—I do not think he meant to hurt me—he was very much frightened when he found what he bad done—he went before a Magistrate—I would not appear against him—I went away till they fetched me—he was put back, because I did not appear.
ROBERT LOMAS . I am a surgeon, and live at Richmond. About six in the evening of the 22nd of Aug., I was fetched to see Mrs. New, at the Marshgate, three doors from Mrs. Stacey's—I examined her, ind found she had
received an incised wound in the left side, between the fifth and sixth ribs ahout half an inch deep, and an inch and half long—I imagine it was inflicted by a sharp-pointed instrument, a knife such as bread and butter would be cut with—it was not dangerous—I dressed the wound, and attended her till Saturday last—it is quite well now.
Cross-examined. Q. When you attended before the Magistrate, on the 14th she was convalescent? A. Yes.
GEORGE FITZGIBBON (police-sergeant H 10.) In consequence of information I received, I apprehended the prisoner on the 13th of Sept., between twelve and one o'clock, in High-street, Whitechapel—I said, "New, there is a charge against you for stabbing your wife at Richmond"—he said, "Yes, but I was before the Magistrate the day before yesterday and discharged, in consequence of my wife not appearing against me"—I said, "You must consider yourself a prisoner"—in going to the station he said, "I met my wife yesterday; she brought me this coat and jacket, and she said she would not appear against me. I am very sorry for what has happened; we had a quarrel; I did not mean to hurt her."
NOT GUILTY .
GUILTY . Aged 34.— Transported for Seven Years.
THOMAS PHIPPS , I am in the service of Mr. James Foulkes; he lives in the London-road—on the evening of the 27th of July I was standing at the book-stall outside his door—I saw the prisoner take a book from the stall, put it under her shawl, and walk away with it—I went after her—she stood up against the Blind School, and threw the book over the palings into the yard—I got over the palings, and got the book—this is it—it is my master's.
Cross-examined by MR. CROUCH. Q. Have you other copies of this work? A. Only one more—my master sells the books—I look after them outside—the prisoner went away with the book in a contrary direction to the shop-door.
GUILTY . Aged 17.— Confined Six Months.
HENRY WELFARE . I live in Castle-street, Southwark. On the morning of the 10th of Sept. I was at the foot of London-bridge—a policeman spoke to me, I put my hand down, and missed my handkerchief from my coat-pocket, where it had been safe about five minutes before—this is my handkerchief.
handkerchief from Mr. Welfare's pocket, and put it into his own blouse—I ran and took him, and took the handkerchief out of his blouse—I went to the prosecutor, and asked him if he had lost anything—he said he had lost his handkerchief, and owned to this.
Prisoner. I did not take it out.
GUILTY . Aged 17.— Transported for Ten Years.
THOMAS VOGHT . I am a grocer and dealer in coals, and live at Battersea. I had a barge of coals on the Thames, off Battersea Church, on the 29th of Aug.—the prisoner was not employed by me on board the barge—I cannot swear to the coals produced—they are similar coals to what I was unloading.
WILLIAM SPREADBOROUGH (police-constable V 199.) About two o'clock on Thursday morning, the 29th of Aug., I saw the prisoner on board a coal-barge, near Battersea Church—there were no other coalbarges there—he was taking coals off the top of the barge, and putting them into a bag—I took him into custody, and asked him if he was the owner of the coals—he said he was not there for the purpose of stealing coals, but to fasten a rope on to the head of the barge—there was a full moon, and it was a very light morning.
Cross-examined by MR. BODKIN. Q. So that any person could see another plainly? A. Yes—James was with me—we were standing together on shore, ten or twelve yards from the barge—I first noticed it, and told James—when I first saw the prisoner, he was stooping down—I think his back was towards me—I will not be positive—he was quite a stranger to me—he was in care of a barge which was lying alongside this coal-barge—it is quite usual for one barge to be fastened to another.
FREDERICK JAMES (police-constable F 295.) About a quarter past two o'clock in the morning of the 29th, I was present at this barge—I saw the prisoner stooping down in the middle of the barge, picking up coals, and put ting them into a bag—I took him—he said he was making fast a rope—when he saw me and my brother officer, he got up from the coal-barge, went to his own barge, and merely took hold of the rope, and shook it.
Cross-examined. Q. Did you not find that his barge was fast to the other? A. Yes—I and my brother officer met there—we had just come there—we both saw him together—he was stooping down—his face was towards me—I saw his countenance quite plainly—it was a bright moonlight morning—I took notice enough of him to know him again—I had my uniform on—it was quite light—I went on board the barge, and found a small bag there, containing coals—that was the first thing I saw when I got on board—he was taken before the Magistrate the next day, was remanded, and ultimately admitted to bail, and has surrendered here to-day.
NOT GUILTY .
HENRY COX . I am a horse-dealer, and live in Hatfield-street, Christ-church, Surrey—my place of business it in Stamford-street. The prisoner was in my service about three weeks as table-man—these are my boots—they
were in a cupboard in the counting-house—I saw them safe on the Friday, and missed them the week following—in consequence of some information, I went to the Brunswick Arms, and saw Edward M'Kenzie there—he showed me the boots—I said they were mine—I went back to my stable—the prisoner was gone to dinner then—I saw him afterwards, and showed him the boots—I asked him where he got them from—he told me he bought them of his cousin—I asked him where his cousin was to be found—he said he did not know—I said I should make him tell me where he was, and gave him in charge directly—I told him they were taken from my cupboard in the counting-house.
Cross-examined by MR. DOANE. Q. Was any one present when he said he bought them of his cousin? A. Yes—these boots are not for the use of the men in my service—they were my own—they had been worn.
EDWARD M'KENZIE . I am in the service of Mr. Yeats, of the Brunswick Arms. On Tuesday, the 27th of Aug., I was in the tap-room, and saw the prisoner—he said he had got a pair of boots he wanted to sell, they were not big enough for him—he pulled the boots out of his pocket, and asked me whether I would buy them—I asked him what he wanted for them—he said 5s.—I told him if he would leave them with me till to-morrow I would try and sell them, which he did—he came on the Wednesday night, and asked if I had sold them—I said, "No, I had been offered 4s. for them"—he asked where the man was—I said he was not come—he took them, and then he called me back, and said if I would give him 3s. for them he would let me have them, as he wanted to go out for the evening, and he had got no money—I gave him 3s.,—the prosecutor came in, and I gave him back the boots.
Cross-examined. Q. How long had you known the prisoner? A. For a fortnight—he used to get his meals there.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Six Months.
(There was another indictment against the prisoner.)
2377. WILLIAM FRAZER was indicted for stealing 2 brass gas-fittings, called cocks, value 2s.; 2 brass joints for gas-pipes, 1s.; 6 1/2 lbs. weight of brass, 5s.; and 1/2 lb. weight of copper, 9d.; the goods of Thomas Henry Maudsley and others, his masters; to which he pleaded
GUILTY . Aged 30.— Confined Two Months.
Before Mr. Recorder.
MESSRS. CHAMBERS and CHARNOCK conducted the Prosecution.
DANIEL BRYANT . I am conductor to Mr. Mason's omnibus. On the 10th of Dec. the prisoner came to my omnibus, at New-cross, about eight o'clock, and said he wanted to be put down at Westminster-bridge—he hailed me at a dark part of Westminster-road—on getting down he gave me a half-crown, and asked me for 2s. out—I gave it him—he took it, and was running off very quick—I kept the half-crown in my hand—I bit it, and found it was bad—I stopped the prisoner, and said, "You have given me a bad half-crown"—he said, "I have no more money about me"—I
said, "Give me back my 2s. I gave you," and then he said, "Give me back my half-crown," which I did—I said, "Give me my fare"—he said, "I have no more money about me"—I said, "Give me the half-crown"—he said, "It is a debt, I dare you to detain me"—I gave him to the officer.
SAMUEL HOCKADAY (police-constable L 178.) I took the prisoner in at the station—I got this half-crown from Bryant—I searched the prisoner—in searching his hat I found a paper under the lining, and took it out—it contained a half-crown—the next morning I took the prisoner before the Magistrate—he had not given me his address—I asked him where he lived—he said, nowhere particularly, he had been wandering about, and had gone into a bad house in the neighbourhood of Westminster, that a man was selling bad half-crowns, at 3d. a-piece, and he bought the two that I had.
GUILTY. Aged 35.—Recommended to mercy by the Jury. — Confined Three Months.
MESSRS. CHAMBERS and CHARNOCK conducted the Prosecution.
WILLIAM POPHAM . I am assistant to John Samuel Thomas, a chemist. On Tuesday, the 27th of Aug., the prisoner came to his shop, and said he bad come from Mrs. Rose's in West-square, and desired a black draught to be sent to her with change for a sovereign—he went away—the draught was not sent—in half an hour he came again, and asked if the draught had been sent—I told him not—he said Mrs. Rose had desired it to be sent directly which he forgot to say before—I said I would send it—I made the draught up, and sent it—I sent the boy to change a sovereign, because I had no change—I sent 19s. by the boy (Mr. Thomas has taken to Mr. Golatley's business, and Mr. Golatley's name is over the door) the boy brought me back a sovereign—I put it into my pocket—I afterwards gave it to the policeman—I described the prisoner to him—I am sure he is the man—I have no doubt of him.
Prisoner. Q. You sent the boy Immediately after I had been? A. Yes, the second time, and he was back in about five minutes.
JOHN MILNES . I am the boy who attends Mr. Thomas's shop—I was sent by Mr. Popham to Mrs. Rose's—on my way there I met the prisoner—I am sure it was him—he asked me if I came from Mr. Golatley's—I said, "Yes"—he said, "You are going to Mrs. Rose's"—I said, "Yes"—he said, "You have got a black draught"—I said, "Yes, I have got a bottle containing something"—he said, "Mrs. Rose has sent for it again, you have been so long"—he said, "Give me the change and the black draught, and here is the sovereign"—I gave him the change, four half-crowns, eight shillings, and two sixpences—he said, "Run back and tell your master he must not be a minute, but come directly, Mrs. Rose is getting worse"—I was going away, and he said, "Stop, Mrs. Rose desired me to give you 2d. to run back and make haste"—I returned, and gave the sovereign to Mr. Popham.
Prisoner. Q. How do you know me again? A. By your wearing apparel—you had the same things on, and by your visage.
COURT. Q. How soon after the occurrence did you see the prisoner in custody? A. Five days.
ELIZABETH ROSE . I live at No. 26, West-square. I did not want any black draught—I have got a brass plate on my door with my name on it—I did not send the prisoner to go and meet the boy, and give him 2d., because I got worse—I do not know the prisoner.
Prisoner. The boy states that he knew me by my visage and apparel; Popham states he did not know me, and would not swear to me; the man that came into his shop wore a fustian coat and trowsers.
WILLIAM POPHAM re-examined. When I saw him first he was standing in the passage, which was not very light, and he had his hat on—I said I was not certain—he was very like the man that came to me—he was taken into the room, and took his hat off, and spoke—I noticed the muscles of his face—I did not say I could not identify him till the boy came—I recognised him directly he was taken into the room—I stated that the man that came in had on a fustian coat and trowsers—about half an hour elapsed from the time of his coming in the first and second time—he had a fustian coat on, a black neck handkerchief, and a light pair of trowsers, either tweed or fustian—when I saw him the second time that day he wore the same dress, but at the station he had the coat on which he has now—West-square is about 300 yards from my employer's place—the boy did not see him at our shop—he was not taken into custody till the following Friday.
Prisoner's Defence. I had been down to Portsmouth, and soon after I came back I called in a public-house and had a glass of ale; a man came to me who was dressed in a fustian coat and trowsers, and he asked me as a favour as I was going to Lambeth-walk to do this, and I called and walked along; the policeman came to me and took me.
GUILTY . Aged 26.— Confined One Year.
WILLIAM FINCH . I am a merchant's clerk, and live in Woolwich-road. On the 27th of Aug. I was walking near the Five Bells, in the Kent-road, about two o'clock in the morning—I saw the prisoner, and asked her the nearest way across the Creek-bridge to my residence—I understood there was a very near way—she said she would come and show me the way—I said I did not require it—she walked on, and before we got many yards she appeared very ill, and staggered about—I supported her, and instantly felt her hand in my pocket—I missed my purse and charged her with it—she used abusive language, and said if I had lost my purse I should find it on the ground, which I did, but I found two half-sovereigns were missing—she endeavoured to make her escape, and I gave her into custody.
REBECCA BEASON . I am female searcher at the station at Greenwich. On the morning of the 27th of Aug. I searched the prisoner—I asked her if she had the money she was accused of—she said no, she had not, neither had she seen it—I proceeded to search her, and saw her hand was closed—I asked what she had in her hand, she said, "Nothing;" and then she said it was the key of her door—I said I must see it—she was putting her hand to her mouth—I caught her hand, and found one half-sovereign in it, and another was found on the floor.
Prisoner. Q. Did I not say that a gentleman gave them to me for two sixpences? A. Yes, afterwards.
called for assistance—I went in, and found a half-sovereign on the floor at the station.
Prisoner. Q. Was not I calling "Police?" A. They were both calling "Police," but I heard a man's voice first.
Prisoner's Defence (written.)—" I am quite innocent of stealing the two half-sovereigns. The prosecutor asked me to accompany him down the lane, and there he gave me what then he thought was two sixpences; but in a minute or two he said, 'You have got two half-sovereigns;' I said,' I don't believe it; what I got I shall keep, as you gave it to me;' he then began feeling his pockets, and on the ground, and he said, 'Here is my purse, and if you don't give it me back, I will swear you stole it;' he then took my pocket-handkerchief and a 4d. piece, which was all the money I had, with the exception of the two half-sovereigns be gave me for two sixpences; and he said, 'I will murder you;' upon which I was so alarmed that I called 'Murder' and 'Police,' not thinking he would say I stole them, after giving them to me; but to my surprise he did. I was so frightened, when he said I stole them, that I denied having them; be then said he could not go to the station-house, but the policeman made him; when we got to the station-house, he wished to abandon the charge; but the inspector did not let him. The reason I did not own to having the two half-sovereigns was, because he said I had stole it: had he told the truth, I should have given it up to the policeman. It is quite false to say I sham'd ill, or said I would show him the way; it was him that asked me to go down the lane, as he knows the way very well. I hope, as I am innocent of stealing the two half-sovereigns, you will mercifully take all circumstances into your consideration."
WILLIAM FINCH re-examined. There is not the slightest truth in it—I had an objection to prosecute, but I was immediately bound over—there was a half-crown in the other end of my purse, which was not touched—I gave her nothing—I had no other intention than finding my nearest way over the Creek-bridge to the Woolwich-road.
GUILTY . Aged 24.— Confined Twelve Months.
GUILTY . Aged 23.— Confined One Month.
Before Mr. Common Sergeant.
GUILTY .— Confined Three Months.
On the 11th of Sept. I saw the prisoner on the Common—I heard him say, "God help the poor man; from dust I came, to dust I go; here goes. Amen"—he then threw himself into some water—I gave information—he was got out—the surgeon came, and he was Drought to life again.
CHARLES STOWELL . I heard cries, and found the prisoner in the water out of his depth—he sunk three times—his head was below the water—I got him out, and he was rubbed, and restored—when he came to he said he wished I had let him remain in the water—he said he would do it again—he had lost his board and bag of nuts.
WILLIAM TOMKINS (police-constable V 119.) I assisted in taking the prisoner out, and getting him restored—I asked him the reason of his doing this act—he said he had lost his board at Camberwell-fair by having the string cut from his neck, which caused him to do it.
Prisoner. I did it accidentally; I was rather drunk, and as I came along I fell into the pond.
GUILTY . Aged 38.— Confined Five Days.
ADJOURNED TO MONDAY, THE 21ST OF OCTOBER.