CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 16TH, 1844.
MINUTES OF EVIDENCE,
Taken in Short-hand
BY HENRY BUCKLER.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT-COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City Of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, December 16th, 1844, and following Days.
Before the Right Honourable MICHAEL GIBBS, LORD MAYOR of the City of London; Sir Nicholas Conyngham Tyndal, Knt., Lord Chief Justice of her Majesty's Court of Common Pleas; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Queen's Bench: Sir Peter Laurie, Knt.; Sir John Key, Bart.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; John Kinnersley Hooper, Esq.; Sir James Duke, Knt.; Thomas Challis, Esq.; John Musgrove, Esq.; William Hughes Hughes, Esq.; Francis Graham Moon, Esq.; Aldermen 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.
GIBBS, MAYOR. SECOND 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, December 16th, 1844.
198. GEORGE CALVERT was indicted for feloniously assaulting Robert Bucknell, putting him in fear, and taking from his person, and against his will, 2 pairs of boot-fronts, value 6s.; 7 pieces of leather, 6s.; 2 yards of boot-webbing, 3d.; 2 handkerchiefs, 1s.; 2 shillings, and sixpence, his property; and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to him.
JAMES PORTER (police-constable D 55.) I live in St. Marylebone. On Thursday morning, the 21st of Nov., at one o'clock, I saw the prisoner on my beat, leaning on a post, in Lisson-grove, at the corner of Devonshire-street—he was alone, and had not any parcel with him then—I saw him again about ten minutes to two, in company with a young man whom I have known five years—he is a cab-driver, and goes by the name of Cackham—the prisoner had this bundle of leather under his coat—I said, "What have you got there? "—he said, "I don't know"—I felt the top of it, and said, "It is top-boots, is it not? "—he said, "I don't know; it is leather"—I said, "Where did you get it from?"—he said, "Bought it "—I said, "What are you going to do with it?"—he said, "My brotherin-law will have it as soon as I get home"—I asked where he bought it—he said, "That is my business"—I said, "My business is to take you to the station-house"—he said, Oh, he would go to the station-house; and when we got there he said his fellow-servant gave it to him to mind till the morning, that his fellow-servant had got a long way to go, and he was to meet him in the morning in Norfolk-street—he was taken before a Magistrate, and remanded for a week, and three or four days after I found the owner.
Cross-examined by MR. HORRY. Q. Does Mr. Fisher, a cab-proprietor, live near Lisson-grove? A. Yes, on the opposite side—the prisoner was in his service, I believe—Cackham's real name is Boatwright—I went to his employer, and Cackham told the Magistrate he was so drunk he never recollected seeing him, but the prisoner said the fellow-servant who gave it him went by the name of Cackham.
paid 14s. for it—I am a bootmaker, and bought it to make up—I tied it up in a cotton handkerchief, not the one it is in now—I left Pool's about nine o'clock, and went up Oxford-street a good way—I turned up different streets, to get into Edgware-road—I do not know the names of the streets—I had not got into Edgware-road—I was knocked down, and missed the parcel when I got up—I received a blow behind my head, and fell—whether I was knocked down I cannot say—I was not drunk, or I could not have walked home—I had had a little beer—I was very unwell—I cannot say I was as sober as I am now—I had had three glasses of fourpenny ale—I was carrying the parcel when I fell, and believe it was under my arm—it was in my hands at the time I fell—I also lost about 2s. 6d. from my pocket, and an old handkerchief from my coat-pocket, with a small piece of beef wrapped in it—when I recovered, I got up, and a policeman came to me—I thought I saw somebody go into a house with my parcel—I went and kicked at the door—a gentleman came out, and said it was not there—I was not quite senseless when I was knocked down, but not much otherwise—I do not know how long I laid on the ground, but it was not long.
Cross-examined. Q. Was not you put into a cab with the leather under your arm, because you was rather drunk? A. I cannot recollect it—I do not recollect running against the wall—I will not swear I was not pat into a cab—I recollect I bid a cab man money to take me home—he would not take me.
COURT. Q. Were you in such a state, or are you so ignorant of London, as not to know what street you were in? A. It was in Paddington—I cannot say what street it was in—I got home about two o'clock—the policeman showed me which way to go—I did not see any person in par ticular—I saw nobody to speak to.
(Evidence for the Prisoner.)
BENJAMIN SIMMONS . I am a cab-driver out of employ. Up to the time this happened I was in the service of Mr. Edwards, a cab-proprietor—I live at No. 42, Bell-street, Edgware-road—on the night the prisoner was taken into custody, I was at my cab-stand in North-street, St. John's-wood—I saw the prosecutor a few minutes after twelve o'clock—he had a parcel—I assisted him into a cab, driven by a man who goes by the name of Cackham—I was standing in North-street, and saw him fall down with his head against the wall, and he laid senseless on the ground—I was in the road with my cab—he came round, and asked for his bundle when he came to himself, a young man, named Cackham, standing by picked up his bundle and gave it to him—it laid by the side of him as I picked him up—the cab was on the rank—Cackham offered to take him into his cab, if he lived within half a mile of the place—I assisted him into Cackham's cab, and his parcel was on his left arm—I shut the door, but before Cackham drove away the prosecutor told us if we could get any drink be would pay for it—we went to a watering house just by, but did not get anything—the prosecutor and Boatwright went away with the cab—the prisoner was on the cab, with the prosecutor and his parcel inside—I left them at North-street, and did not see them again—I went home with a cab—the prisoner's cab was not on the rank at the time—it was put out—he was going home at the time—he worked for the same employer as me.
the Magistrate on this charge, and gave evidence—I am a cab-driver in Mr. Fisher's service, and put up at the same yard as the prisoner—I recollect the night he was taken into custody—I was very drunk myself—I do not recollect the prosecutor, or his getting into my cab, as I was so drunk—I was in a watering-house with Calvert, and somebody else—I do not remember driving away.
ROBERT BUCKNELL re-examined. I recollect saying I would give anybody 5s. to drive me home, but when I lost my goods I do not know—when I recovered from my fall, I did not see anybody but the policeman, and could not have been near a cab-stand—I had not lost my parcel when I asked a cab-man to take me home—I was then near a cab-stand—there were three or four cabs on the stand—I was knocked down and robbed after that, I should think half an hour after—I had not gone far—it was a little way from the spot, and but a little time—it might be 100 yards from where I offered 5s. for a cab—I do not remember being lifted into a cab, or getting in—I remember something about a cab, but went a very little way before I was turned out, and lost my goods—I did get into a cab, and had my parcel then, for anything I know—I lost my parcel the last thing, and then I only saw a policeman—I should have taken my goods home if they would have let me.
(The prisoner received a good character.)
NOT GUILTY .
MR. HOWARTH conducted the Prosecution,
WILLIAM WHITE . I live in the parish of Kempsey, in Worcestershire—I deal in fruit and garden-stuff. On the 4th of May, between eight and nine o'clock at night, I saw my horse safe on the pasturage, near my house—I missed it between nine and ten next morning—in consequence of in—formation, I came to town on the 3rd of Nov. last, with Mr. Betteridge, a neighbour, and next day accompanied the policeman to the Paddington station, and found the horse in possession of a man named Larkin, at a stable at Bayswater—it was the horse I lost, and was a gelding, an irongrey—I have known the prisoner some time, but have not seen him for fifteen years—he was bred and born at Kempsey.
Cross-examined by MR. BALLANTINE. Q. How long have you carried on business at Kempsey? A. Nine or ten years—I have also been a labourer—I never was away from Kempsey—I mentioned my loss to the police, at the office at Worcester—the gelding was about five years old—I had bought it when a year and a half old, from Williams, a Welsh—man, at Worcester fair.
Q. Did you offer to take a sum of money from Larkin, and go back to Worcester, and say nothing more? A. No, that is quite wrong—I said that when this trial was over I did not mind about taking it back again—I did not mind selling it—I expect to get it back after the trial, but I do not mean to sell it—I asked him 10l. for it—it it worth 12l., and is about 14 hands high—I never measured it.
DAVID LARKIN . I am a green-grocer, and live at Bayswater. I know the prisoner—I bought the horse claimed by the prosecutor, of the prisoner—I have not known him a great while—I applied to him for a horse about two months before I bought it—he said he would get me one, and
brought two to my house on Friday, the 3rd of May—I know it was the 3rd, because I had four shoes taken off the horse on the 4th, which was Saturday, as I am informed—am positive it was the 3rd of May—I gave 15l. for it.
Cross-examined. Q. Had you known him to be dealing in horses? A. Yes—this horse is improved very much since—it is much bigger—I should say it is 13 1/2 or 14 hands high, but I am not much of a judge—it is very much increased in height since I had it.
COURT. Q. When did you first see the horse? A. The very day I bought it—it was brought to me in the morning, in very poor condition, and had come a long journey.
MR. HOWARTH. Q. Is the horse higher as well as bigger, than it was? A. Yes; and any one that has seen the horse will feel a difficulty in swearing to him; it has changed its colour; I should call it almost a dapple-grey, and he is fat instead of thin—he is outside the Court—he has not been clipped or touched at all.
COURT. Q. Have you been bargaining for the horse with Mr. White? A. Last session we were about making a bargain—he offered me the horse for 7l., but I did not buy it—I had put in a brief to claim the horse.
JOSEBH WALKER (police-sergeant D 5.) The prosecutor applied to me on a Sunday morning, last Nov., about a horse, and I accompanied him round Bayswater—I knew where there were several horses that the prisoner had sold—I went with him to Larkin's house, and found two horses there, one of which the prosecutor claimed directly be saw it.
JURY to WILLIAM WHITE. Q. How do know this horse, to be able positively to speak to it? A. By the marks on it; it has got three white legs and one black one, the fore leg—it has a little lump on the head, over the eye, which was done when I had it; it also had a large scissors-mark on the hip, and a brand mark on the hoofs, but they are nearly or quite worn out—the hair was long, and Larkin said he had pulled the hair out of the tail, but had not docked it—a horse always grows from five to six years of age—the eyes are very middling to what they were then—the colour is not changed, it stands very good—I can take my oath that it is my property—I have walked many hundred miles after it—I had seen all these marks before I lost it.
COURT. Q. Did you tell the policeman of any of these marks before you saw the horse? A. Yes—I had offered 5l. reward for it, and had described the animal in the advertisement in the Hue and Cry—this is the advertisement—(read)—"Stolen or strayed, on the 4th instant, from Kempsey-common, about five miles from Worcester, an iron-grey halfbred horse, five years old, about fourteen hands high; has a white mane and tail, three white legs, the off fore-leg black; has a scissor-mark 'W,' on the off hip, and a brand-mark, 'W,' on both hoofs on the off side. A reward of 5l., will be paid on the apprehension and conviction of the offender or offenders. Information to be given as above." The date of the paper was the 24th of May.
DAVID LARKIN re-examined. I have a witness outside who can swear to the horse—it is not what I should call an iron-grey; it is a grey decidedly, but there are so many differences in grey—it is not half-bred, but what I should call the regular cart-horse breed—I cannot tell its age—I should say it was about fourteen hands high, but I am not a judge, and cannot speak to that fact—it has a grey mane and three white legs—the off foreleg
is not black, but a very dark grey—it has no scissors-mark, and never had—I never saw such a mark anywhere—it was examined very particularly by twenty people in the neighbourhood—I found no brand-mark "W"—the farrier is here that took his shoes off on the Saturday, the very next day—I do not know that the hoofs were touched.
WILLIAM WHITE re-examined. The mark on the off hoofs is the mark of a burn, near the front of the hoofs—I have not examined the hoofs since—I found all the other marks I have mentioned, except the scissorsmark, and I could see that when I was here before—I have not noticed it now, for I have not had it in my possession, only seen it at the door here—Larkin has had it ever since—it is a mark that would wear out in time—it was on it when I lost it, and had been on about a month—I had put it on myself—I always marked it with "W" for White, because I lost one before about nine years ago.
COURT to DAVID LARKIN. Q. You attended here at a former session? A. Yes, expecting to be called as a witness—I have seen the prisoner once in prison—I went to him for the purpose of mentioning the circumstance—I did not know the date then, no more did he, at least, he said the 3rd—I have witnesses here to prove the date it was bought was the 3rd—they are William Payne and Emily Hooper.
Q. How came you to bring witnesses here? A. I stood naked, and was obliged to seek for what evidence I could—I went to Mr. Beok last Monday, and asked him if he had any recollection of my buying a horse there in May—he said he booked everything—I stated to the policeman that I did not know the time at which I bought the horse; I said it was very early in May, but what day I could not say.
MR. BALLANTINE called
WILLIAM PAYNE . I am a farrier at Mr. Beck's, at No. 19, Northwharf-road, Paddington. I remember Larkin bringing a horse to our shop to have the shoes taken off—it was a grey horse, as far as I can describe him—I cannot exactly say the height—I have seen the horse since—Mr. Larkin brought him last week, to know if we could recollect the horse coming to have his shoes taken off—I cannot recollect when it was brought, but my master has looked through the books—he is not here—my master has got a clerk that keeps the books—they are not here, nor is the clerk.
COURT. Q. Who brought you here? A. I came here with Mr. Larkin—it was in May that he brought the horse—I could not see that it had any initial on it—the horse was new shod five days after, as near as we can recollect—if there had been any brand-mark on the hoofs we should have seen it when we clenched the horse's feet up—I did not do that my—self, I only took the shoes off when the horse was brought—I did not notice any brand-mark—we have had plenty of other horses to shoe, but Larkin did not bring any other—we do not write down the marks of all the horses that come to us.
COURT. Q. When was your attention called to this fact? A. To-day—I recollect the day, because I had been to chapel the Sunday before, which was the 28th of April, after my confinement—my husband came and asked me to look at Mr. Larkin's new horse, and I went and looked at it—it was
a grey horse—I live at No. 36, Pickering-place—Mr. Larkin is my brother-in-law, and lives near us—I cannot be mistaken in the day—it was on "Parliament Friday," and I had been to chapel on the Sunday before, and it was the first Sunday I had been out after my confinement—I recollect that I saw the grey horse the first week of my going out—I did not go out the next Sunday—I was not well—I did the Sunday after that, with my sister, who had been confined, but not the following Sunday—Larkin is a greengrocer, and my husband worked for him when he was out of a situation, and he staid with him till he had the situation which was promised him—I was confined on the 8th of April, Easter Monday—I saw the horse in Mr. Larkins's stable—he had another horse there—they generally take me to see the horses—I see all of them—I saw the last when he bought it—that was a grey horse—I do not know when that was, or how long before my confinement.
MR. HOWARTH. Q. Then Larkin had a grey horse before this? A. Yes, I believe it was a grey horse—I have since seen the horse that I saw on the 3rd of May—my husband is at work at a railway at Bradford, in Yorkshire—I was not well enough to go to church on the fourth Sunday after my confinement—I have not been well since—I was not quite well on the Friday when I went to see this horse—it is only next door but one to where I live.
MR. BALLANTINE. Q. You have not been examined by any attorney? A. No, nor made any statement—I came here with Mr. Larkin—I did not know I should be examined.
(The Jury retired to look at the horse, and stated that it answered the description given by prosecutor,)
(See First Session, p, 18, and Magnay Mayor, Twelfth Session, p, 845.)
GUILTY.* Aged 58.— Transported for Ten Years .
200. JOHN SMITH was indicted for burglariously breaking and entering the dwelling-bouse of Richard Leach, on the night of the 3rd of Dec., at St. Dunstan-in-the-East, with intent to steal, and stealing therein, 4 watches, value 40l., his property; to which he pleaded
GUILTY . Aged 30.— Confined Twelve Months.
OLD COURT.—Tuesday, December 17th 1844.
Second Jury, before Mr. Recorder.
201. HEW BURN was indicted for unlawfully leaving one George Robert Rowe in New Zealand, before the completion of the voyage for which he was engaged, and that he was apprehended at Stepney in Middlesex.
MESSRS. RYLAND and FRY conducted the Prosecution.
RICHARD ROWE . I am an engraver, and live at Hackney. My son his named George Robert Rowe—he is now nineteen years of age—this was his second voyage—he went out first two or three years ago—he always had a strong desire to go to sea—he went to Hobart Town the first voyage—he returned, and wishing to go to sea again, I applied to a ship's husband, and he went out in the ship Himalaya, to New Zealand—I saw the defendant as captain of the vessel—I saw my son on board—the vessel sailed on the 25th of Aug., 1843—he entered on board on the 23rd of Aug.—I received a communication from him at the beginning of this year, and applied to my
solicitor, Mr. Bisgood—we proceeded to the ship on its arrival, about the 18th of Nov.—it arrived without my son—I went on board on the 20th, and saw Captain Burn—my solicitor inquired of him respecting my son—he stated that he had left him behind at Port Nelson, New Zealand, because he was a drunkard, a thief, and an obstinate fellow—I asked about his wages—he said they were forfeited—he did not say why—he said his clothes were forfeited also—Mr. Bisgood asked to look at the ship's articles, and the log—the captain refused to produce either.
Cross-examined by MR. CLARKSON. Q. Under whom did he sail before? A. Under Captain Cameron—the defendant did not say my son had been brought down to the beach in custody of a constable, on purpose, if possible, to be put on board, but that he said he would be d—d if ever he went on board the b—y ship again; and that the constable said he had no authority over him further—I heard nothing of the sort—I heard by a letter, from my son, that he had been in prison before he went to Port Nelson.
JAMES BEATTIE . I was cabin-servant to Captain Burn, on board the Himalaya—George Robert Rowe sailed for New Zealand—I remember being at Port Nelson—I did not see Rowe being taken on shore—I missed him from the ship—he was absent, I think, for nine days before the ship sailed—I did not see him on the beach two or three days before we sailed—he never came back again—we came home without him—I do not know whether any of his clothes or bedding remained on board.
Cross-examined. Q. The vessel sailed from London on the 25th of Aug., did not she? A. I did not join her till she was at Gravesend—she had passengers—I do not know whether they were emigrants—we first touched at St. Jago, at Cape de Verde—I do not know whether Roe was shipped as an ordinary seaman—he had the charge of the ship's stores—I do not remember a complaint of the loss of vinegar when at Port Nelson—there was a complaint of a loss of porter—I believe Rowe was charged before the Magistrate that the cargo of porter had been slung up to be discharged at Port Nelson, and porter taken—I did not see the caskhead broken in—I did not hear him say he only bad four or five glasses of the porter, but was not the man who took it out—we took in a cargo for South America—some specie, I believe, and rum.
ALEXANDER LOCK . I was first mate of the Himalaya—George Rowe was an ordinary seaman on board—I remember arriving at Port Nelson—there is a police Magistrate there, but no governor, that I am aware of—we left Port Nelson on the 31st of Jan., 1844—Rowe was not on board at that time—I saw him before the Magistrate on the 22nd of Jan., charged with refusing to do duty, and being drunk on board the ship—he was sent to prison—I never saw him after that.
Cross-examined. Q. During the outward voyage, how did the young man conduct himself? A. Very disorderly indeed—I could not keep him to his duty as every body else on board the ship was—the first complaint against him was a deficiency in the stores which were in his charge—the captain had advanced him to have charge of the stores, which made him an officer—stores were found missing—we arrived at New Plymouth on the 24th of Dec., 1843, before we came to Port Nelson—I went on shore with the captain, and Rowe, and another sailor, named Triggle; and when the captain returned, neither Rowe nor Triggle were there—the captain complained to a police Magistrate—the natives and a constable were sent
after Rowe—he was found in the town five days after he had left—they were looking for him four days—there was a warrant issued for him—I saw him the same day in a public-house, and ordered him on board—I went to get authority to seize him, and while so doing he made his escape—I heard Captain Burn tell him on board the ship that he hoped he would behave better in future, and have no more of this running away, as he had sent for him in every direction, and he was not to be found—he said he was sorry for it, and would conduct himself proper in future—he was received on board again—the vessel sailed from New Plymouth to Port Nelson, with emigrants—we had a cargo of porter on board—the charge of the stores had been taken from Rowe on finding him deficient, and he was placed back as an ordinary seaman—at Fort Nelson the porter was slung on deck to be discharged—I find by the log-book which was kept by myself, that we arrived there on the 10th of Jan.—the porter was in bottles, contained in barrels—I found Rowe drunk—he was charged with stealing the porter before the Magistrate—I was present, and heard him say he drank four or five glasses of the porter that was stolen—he said, "That was stolen"—there was another man drunk, but I knew nothing of him—I found seven bottles below deck, and one bottle in Rowe's chest—the cask must have been thrown over board—Captain Burn had to pay 3l. 10s. as the deficiency—Rowe had refused to do his duty in my presence, three times or more—Captain Burn asked him if he intended to do any more duty on board—he said he would not, and he did not do any duty—the charge before the Magistrate was for disorderly conduct in refusing to do duty, and that he had the beer—no violence had been offered to him by the captain, or any officer—I heard him say before the Magistrate that he would never go on board the b—y ship again—he was not intoxicated before the Magistrate—he was quite sober there; but he was stupid when he left the ship—we sailed on the night of the 10th day after he was before the Magistrate—I did not see him brought to the beach myself—I know the captain sent the surgeon to fetch him on board—he returned without him—there are men about who persuade seamen to run away from their vessels—the ship was to go round to South America, to ship a cargo of palm, and we shipped not less than 15,000l. in dollars—the day fixed for the vessel sailing from Nelson was the 29th of Jan.; but the wind being unfavourable, we did not sail until the 30th—the police Magistrate at Nelson lives seven miles from the shore—our crew was twenty-three men, besides the cabin-boy—the vessel was a barque of 477 tons—the captain had been master of her five years, since she has been built—I have sailed with him four years—his conduct for humanity was as good as ever I saw in my life—I have been at sea ten years—he is a married man and has children—the harbour at port-Nelson is very narrow—the tide run, in about eight knots an hour—it is necessary to select a particular time of the tide to drop out of her, more so than any port I know—the channel is not wider than this Court—the ship is twenty-eight feet broad—we had passengers to convey to Wellington and Valparaiso, and emigrants—it was quite necessary we should quit Nelson as early as possible—we were to quit on the morning of the 29th, but could not get out.
MR. RYLAND. Q. Was he charged on board the ship with stealing the porter? A. Yes—the captain said he was afraid he was one who had taken it, as he was drunk—he denied it—he did not say he would "knock
off," because he was charged with theft—he had knocked off before the captain said a word—he was taken on shore to go before the Magistrate, on the 20th of Jan., and appeared before the Magistrate on the 22nd—he must have been in prison those two days—the Magistrate sentenced him to be imprisoned for a week—I never saw him after that—we did not ship any cargo till we left Port Nelson.
Cross-examined. Q. What is your general knowledge of the captain's character while he has been master of the ship? A. He has been master of her for five years, since she was built—I have always heard him spoken of as a humane and excellent officer.
EDWARD WILLIAM SYMONS . I am chief clerk at the Thames Police-court, which is in Middlesex, and was present when this matter was gone into before Mr. Ballantine—I took down the evidence—I heard Captain Burn make a statement, which I took down—it was read over to him, and signed by him—(reading)—" The last time I saw him was before the Magistrate, in New Zealand; he said he would rather rot in gaol than go on board the vessel again; that was the last expression I heard him make; I requested Mr. White, the Magistrate, to let him come on board after his imprisonment was over—he said he would sooner rot than come on board—he was sent down to the beach; but from what he said, that he would sooner rot than come on board, I did not think it necessary to send a boat for him; I was busy taking in a cargo at the time."
Cross-examined. Q. Did you hear Rowe say he would be d—d if he would go on board that b—y ship again? A. Yes—I did not see him brought down to the beach, from the prison", in custody—I was on shore, and saw him on the beach, after he was before the Magistrate, and he then said so—it might be six days after he was before the Magistrate—I do not know that they lock people up at all there, when in custody—I have sailed two voyages with the captain—he is the best gentleman I ever sailed with.
MR. RYLAND. Q. Did not you state to Mr. Ballantine, that you never told the captain that he had said he would never come on board again? A. Yes, but I stated it to part of the crew.
MR. CLARKSON called
EDWARD FRENCH . I am a surgeon, and sailed in this vessel. I went on shore at Nelson with the captain, when Rowe was charged before the Magistrate; and after his imprisonment had expired, I went on shore to fetch him, by the captain's direction—I could not find him—I did not see him on the beach—I went to the gaol for him, but he was gone—I found the constable, who made a communication to me—I immediately informed the captain I could not find him, that the constable had brought him to the beach, to bring him on board—the vessel was then lying in the harbour—I told the captain, the constable said, Rowe bad said he would be d—d if he would go on board the vessel again; that he brought him to the beach, and pushed him towards the boat, and be resisted him violently—on my questioning the constable why he did not call assistance, and put him into the boat, or take him back to gaol, he said he had no authority to do so, as his sentence had expired—I said the Magistrate had
directed the constable to bring him on board—he said he had no authority to take him back to gaol—I was on board the vessel fourteen months, and saw the captain's conduct—I think his greatest failure was kindness to his crew—I think him rather too kind than otherwise—he passes over offences slightly.
(Several witnesses gave the defendant an excellent character.)
GUILTY Strongly recommended to mercy.— Fined Twenty Pounds .
202. WILLIAM JEFFORD was indicted for stealing, on the 4th of Dec., 1 handkerchief, value 1s., the goods of Frederick Luard Wollaston, Esq., from his person; and that he had been before convicted of felony.
FREDERICK LUARD WOLLASTON, ESQ . I am a barrister; my chamben are at No. 2, Pump-court, Temple. On the 4th of Dec, about a quarter to one o'clock in the day, I was passing through East Smithfield, near Tower-hill—I felt somebody rush up against me, behind—I put my head round to my pocket, and at the same time turned round, and there stood the prisoner with my handkerchief in his hand, quite close to me, almost touching me—I took hold of it, and immediately I took it out of his hand he ran away—I pursued him, crying, "Stop thief!" and after running some little distance, he was stopped by a police-officer—when I came up to him, he said, "You won't give me in charge for this? "—I said, "I shall," and I gave him in charge—I have not brought the handkerchief here—I will swear the handkerchief I took from him was the one I had in my pocket before—I produced it before the Magistrate.
Prisoner. You told the Magistrate you saw another lad pass at the time.
Witness. No, I said there was another lad near you—there was not time for anybody else to take it, and put it in your hand—the other person was at least two yards off—I had not time to put my hand to my pocket before I saw it in your hand.
JOSHUA JUDGE . I am an inspector of the Thames-police. I was in St. Katherine's dock on the day mentioned, and heard an alarm of "Stop thief!"—I stopped the prisoner—he said, "I have done nothing"—the prosecutor came up, and said he had stolen his handkerchief, which he produced—the prisoner did not deny it, but said, "I hope, Sir, you won't give me in charge."
Prisoner's Defence. I was going along; a lad picked the gentleman's pocket, and threw the handkerchief down; I took it up; the gentleman turned round while I had it in my hand; I held my hand out to him with it; he took it from me, and gave me in charge; the young man passed him at the time.
MR. WOLLASTON re-examined. He was holding the handkerchief down in his left hand, not holding it out to me—he ran away without my saying anything to him—I had not said I would give him in charge.
Prisoner. Q. How can you swear it was your handkerchief? A. I knew it by the mark when I took it from him.
GEORGE WILLIAM GRAVE (police-constable K 11.) I know the prisoner—I had him in custody—he was committed from the Thames-police, in March, 1840—he pleaded guilty here, and was confined for three months—I produce a certificate of his conviction, which I got from Mr. Clark's office—(read.)
GUILTY . Aged 22.— Transported for Ten Years .
(The prisoner had also been summarily convicted three times.)
203. JOHN GRAHAM, alias Jones, and JAMES BARRETT were indicted for feloniously breaking and entering the dwelling-house of John Williams, on the 28th of Nov., at St. James's, Clerkenwell, and stealing therein 1 waistcoat, value 6d., his property.
MARY ANN WILLIAMS . I live with my father John Williams, in King-street, Clerkenwell; he is a tailor. On the 28th of Nov., a little after eight o'clock in the evening, I was in the shop, and noticed both the prisoners at the window—while they were there, I heard a pane of glass broken, and then saw the arm of the prisoner Barrett through the window—he took a waistcoat and ran away—I did not see what became of Graham—Barrett had worked for my father.
Cross-examined by MR. DOANE. Q. Were you at first in the shop, or in the parlour behind the shop? A. In the shop—I was not doing any—thing—I am quite sure I could see the persons outside—I swear positively to them—I cried "Stop thief!" when I saw the waistcoat taken.
Cross-examined by MR. HORRY. Q. Is your window common glass? A. Yes.
CHARLES SHEPHERD SWEETMAN . I live in Ratcliff-row, Bath-street. I heard the cry of "Stop thief!" and saw the prisoner Graham running along—he threw the waistcoat away—I saw it picked up—it was the One produced—I secured Graham till the policeman came—he struck me several times, and threw me down twice to get away—when he was stopped he said, "I did not break the window, nor throw away the waistcoat"
Cross-examined. Q. Was he drunk? A. He pretended to be so—I do not believe he was.
JAMES EDWARD SARGEANT (police-constable G 122.) I received the prisoner Graham in custody, and as I was going to the station Barrett came and took hold of me to rescue him—he tried three or four different times to separate me from him, and pulled him with considerable violence.
MR. WILLIAMS. This is my waistcoat.
(John Penn, of George-alley, Holborn; Anthony Scarratt, of Black Horse-court, Fleet-street; and Dennis M'Carthy, of Field-lane, deposed to Barrett's good character: and Luke Haggerty, Plough-court, Fetter-lane; and Michael Murray, Wine Office-court, to that of Graham.
GRAHAM— GUILTY. Aged 29. Recommended to mercy by the Prosecutor.—
BARRETT— GUILTY . Aged 25. Confined Six Months.
204. WILLIAM CASH was indicted for feloniously breaking and entering the shop of James Hammerstone, on the 17th of Nov., at St. Maryat-hill, and stealing therein, 3 boots, value 3s.; and 2 pairs of shoes, 7s.; his property.—2nd COUNT, stating it to be the shop and goods of James William Hussey Hammerstone.
JAMES HAMMERSTONE . My real names are James William Hussey Ham merstone, but I do not use them all in common—I live at No. 7, Love-lane, Billingsgate, in the parish of St. Mary-at-hill—my shop does not form part of my dwelling-house. On Sunday morning, the 17th of Nov., about eight o'clock, my shop was broken open, and I lost three odd boots and two pairs of shoes.
the 17th of Nov. I was coming home with my milk, and saw the prisoner walking backwards and forwards in Love-lane past Botolph-alley—I went in doors with my milk, and came out again in about five minutes—he was still walking backwards and forwards, and I noticed him very much, so as to be able to know him again—as soon as I noticed him he walked away—I went round with my milk, round Thames-street, St. Mary-at-hill, and different places in the neighbourhood where I serve milk, till I came to Rood-lane—when I came there the prisoner was trying up two or three pairs of shoes in a handkerchief—he walked up Road-lane, and turned down Fenchurch-street—I crossed the road, and went up Paul's Head-court, and saw me he walked away—I went towards Tower-street station, met a policeman, and gave him information.
MR. HAMMERSTONE re-examined. These are my shoes, and were taken from my shop—I had them to repair for a customer—they were in my charge, and were lost on this night—I was informed of this by some neigh bours, and when I came down the shutter was lying on one side—I cannot say whether the window was down or not, but the shutter was, and had a padlock to the bar across—I had left it so at twelve o'clock over night—I am sure the shutter was then up and secure—the boots and shoes were so near to the window that I could get them out with my hand.
Prisoner, I am guilty of taking the shoes, but not of breaking open the place; I am very sorry for it; I did it through distress.
GUILTY of Stealing only. Aged 18.—Recommended to mercy.— Confined Three Months.
OLD COURT.—Wednesday, December 18th, 1844.
Third Jury, before Edward Bullock, Esq.
205. WILLIAM ROSSKILLY was indicted for stealing, on the 6th of Dec, 3 3/4 yards of woollen cloth, value 1l. 2s.; 1 1/2 yards of tweed, 3s.; and 1 1/2 yards of velvet, 1s. 9d.; the goods of John Robinson, his mailer.
MR. CHARNOCK conducted the Prosecution.
THOMAS SQUIRE (police-sergeant K 14.) I went to the prisoner's house on Saturday evening, the 7th of Dec, while he was at the station—I know it was his house—he had given that address at the station—it was his house entirely—I made a search there, and found two pieces of blue cloth, one piece of black, one piece of Tweed, and two pieces of satin velvet.
THOMAS BARTHOLOMEW . I am warehouseman to Mr. John Robinson. I have no doubt these articles are his property—I cannot swear to them—they resemble what we have—we have not missed any, our stock is so large.
JAMES BULL . I am in the service of Mr. John Robinson, as a cutter—the prisoner was in his employ, and worked opposite me. On the 7th of Dec. I save him bring some silk to the board, and measure off four yards from one piece, and I cannot say how much off another—he then put two pieces into his pocket, and the other under the board—I went down stairs and informed the foreman below—this is the silk—it is silk serge, and is the property of Mr. Robinson.
WILLIAM MEEDY (police-constable K 393.) I was called in on the Saturday in question, by Mr. Robinson, and went with him up into the work-room where 1 found the prisoner—Mr. Robinson stated to me in his presence that this piece of dark silk had been produced by the prisoner—he said it was all he had—Mr. Robinson desired me to search the prisoner, and between the waistband of his trowsers and his linen, I found these two pieces of light silk—he begged the consideration of Mr. Robinson for the sake of his wife and five children—I took him into custody—these are the pieces I took from him.
THOMAS BARTHOLOMEW . I am warehouseman to Mr. Robinson. This silk belongs to him—I can swear to it—the prisoner had 30s. or 35s. a week—he was with us five months—we had an excellent character with him.
GUILTY . Aged 35.—Recommended to mercy.— Confined Six Months.
Before Mr. Justice Wightman.
207. JOHN TAYLOR and JOHN SMITH were indicted for a robbery on George Allen, on the 4th of Dec, putting him in fear, and taking from his person, and against his will, 1 hat, value 2s. 6d. his property; and immediately before, at the time of, and after the said robbery, beating, striking, arid using other personal violence to him.
MR. MELLOR conducted the Prosecution.
GEORGE ALLEN . I am a shoemaker. I did lodge at No. 6, Maryplace, Mary-street, Hampstead-road, but I have been turned away from my lodging for not consenting to take money as a bribe, that my landlady said I might have. On Wednesday evening, the 4th of Dec, I had been out to solicit work—I did not get any—I was returning between eight and nine, and the prisoners met me full, opposite a nursery-garden, out of the St. Pancras-road—I do not recollect the name of it—I think it is Ansell's nursery-ground—they would not let me pass them—Smith said, "You have got some money, give it to me"—I said I bad none, I had had no work for a fortnight—Taylor said he knew I had—I said I had not—Smith then took off my hat, and said he would have that—Taylor said, "Go it"—Smith ran off—I ran after him, and Taylor followed me close—Smith ran across the fields, and through passage, leading into Union-street—I got up to him at the end of the passage, and said, "I want my hat"—he laid it down, and struck out at me—he hit me on the left side of my chest—he struck me one blow—Taylor was just by the side of me, and I was frightened—I then ran back, and knocked at a door—I was afraid they would catch hold of me—Smith then took the hat and ran off through the passage—Taylor ran after him, and called out, in the way they have for calling one another—he said, "Hoo," or something of that sort—he shouted out—I then ran after them—I overtook Taylor, and said I should keep to him till I got my bat—he then struck me in the side with his.
elbow, as hard as he could, and nearly knocked me into a ditch of water—he then ran—I followed him into Union-street—I called out, "Police, stop him"—a policeman came and stopped him, and I gave him in charge for being one of the parties that had stolen my hat, and demanded my money—about half-past eleven I made inquiries of a policeman at Somers-town, named Gillam, and in consequence of something he said to me, I went with him, and saw Smith—the policeman said, "There he is over the way, come with me"—I went with him, and saw Smith in the New-road, nearly opposite Judd-street, standing behind a lamp-post—as soon as he saw the policeman, he ran—the policeman ran after him, stopped him, and I gave him into custody.
Cross-examined by MR. ROBINSON. Q. You had not had any work for the previous fortnight? A. No—I went to my friends for support during that time—I am pretty generally in work—my landlady's name is Mackannon—I have lived with her about four or five months—I always paid her my rent pretty well—I owe her something now—I was turned out—I was perfectly sober on this evening—I had nothing to drink since my tea—no spirits or beer—I am twenty-four years old—I am lame—I will swear that when I said I had no money, Taylor said, "Yes, you have"—it was a very dark night—there are not many lamps—the words that Smith said, when he met me, were "Give me that money"—Taylor struck me with his elbow—I was coming near him, and he put out his elbow—I ran after Taylor—he stopped when the policeman met him, and stood right before him—I was not up to him then—I was in considerable bodily fear of these two boys—I was in considerable fear and trepi dation when I ran back and knocked at the door—that I swear—a young woman came to the door—I did not think myself protected then—I ran after the prisoners.
COURT. Q. It was half-past eleven before you went to the policeman? A. Yes, and this happened between eight and nine—in the intermediate time I had been in the Adam and Eve—the policeman told me to go there, and I met with a master-tailor—I spoke to two or three policemen, be tween the time I left the passage and half-past eleven—I had never seen either of the prisoners before, to my knowledge—I have never got my hat again.
Smith. I was going down the road, and saw the prosecutor standing with three prostitutes, sky-larking; he came up and asked me for three pence: I told him I would not give it him. He said he had only a penny himself; he showed it me inside his glove, and the key, and then be came and struck me on the eye; Taylor saw him, and I struck him again.
Witness. I was met by one girl—there were three passed me—I told the one to go on—that was all—as soon as I had passed them the prisoner met me—I did not ask Smith for threepence—I did not speak to him at all, or go up to him—I had gloves on—I did not pull my gloves off—I did not strike him, to my knowledge—I struggled to get my bat; but I do not recollect that I struck him—I do not know that I did—I am not sure that I did not strike him—if I did strike him, it was just after he took my hat—I ran to him to get my hat away—I think I did strike him—it was after he struck me—I am sure of that—I recollect that—it was done in a bustle.
Smith. I had the mark on my eye at the office; when he came up to me he said he should take the prostitutes home to his lodging that night;
he has been to Taylor's mother, and asked for 3l., since I have been lying for trial.
Witness. A young man was sent to me—I did see Taylor's mo ther—I did not ask her for 3l. or for for any money—I went there to know what the landlady had got to do with it.
Smith. There are three witnesses to prove that he came to the house, and asked for 3l., not to appear against us. Mrs. Taylor sent a little boy for Hardy, a policeman, and he and his brother ran out.
Witness. I did not ask for any money—no policeman was sent for—my brother was with me when I went to Mrs. Taylor—he is not here—my brother and I did not run out—I heard no directions given about sending for a policeman—there was a little boy in the shop—he was not sent out by Mrs. Taylor—I heard nothing said about sending for Mr. Hardy.
MR. ROBINSON Q. Did not you and your brother go, on the 10th of Dec., to the house of Mrs. Taylor? A. Yes—I did call there; but I do not know the time—I did not say that if 3l. was given to me, I would go into Devonshire, and not appear against the prisoner—I will swear that I never mentioned any such thing, nor was it mentioned to me—Mrs. Tay lor laid she would give me anything; that I might have a furnished room in the house, and plenty of work, if I would only get drunk, or make a flaw or mistake in this—there was no money mentioned to me—I said I could do no such thing, I must go on with the case, I was very sorry, but I could do nothing in it—I did not say I would do all in my power to transport the prisoner, or any words to that effect—I did not leave the house with my brother—I came out as soon as I had told her I was very sorry I could do nothing, I could not go from my word, I had sworn to the truth—I walked away from the house—a knock come to the door, and as I walked out I. met a tall woman dressed in black.
HENRY TOBEY (police-constable S 268.) I was on duty on the 4th of Dec., in the evening, at the bottom of Union-street, Somers-town, and heard some one hallooing" Policeman, stop him!"—I saw Taylor running, and stopped him—I came up just before him, and he stopped bang against me—I stepped out before him, and he was obliged to stop—he ran up against me—I saw the prosecutor running after him, with his hat off—when he came up he gave Taylor in charge as one of the parties who had been robbing him of his hat, and had demanded his money—the prosecutor was out of breath, as if he had been running—I took Taylor into custody, and asked the prosecutor if he could swear to him—he said he could—Taylor said he knew nothing of it—I took him to the station, searched him, and found 2 1/2 d., and a pencil-case, in his pocket.
PHILLIP GILLAM (police-constable S 157.) On the night of the 4th of Dec., about twenty minutes to twelve o'clock, the prosecutor came to me, and asked if I bad heard of a man being robbed of his hat—I said I had heard of a man losing his hat up against Old St. Pancras workhouse—he described one of the persons, and said he was dressed like a sailor—I told him I though I had seen him about a quarter of an hour ago, and I went with him, and saw Smith standing with his back to the lamp-post across the road—I said, "That is him over there," and as soon as I spoke the words he said, "Go it, yes that is him"—as soon as I went towards him he ran away up Judd-street—I followed him about a hundred yards, and took him into custody—I brought him back, and asked the prosecutor if that was him—he said, "Yes," that was him, and he said to him, "You
have stolen my hat off my head"—he said, "I did not, I know nothing about it"—on the following morning, in going to the office, he said his eye was sore where the prosecutor hit him—I said, "You were there then!"—he made no reply.
COURT. Q. Was there a mark on his eye? A. It appeared that there had been a mark, but I could not tell whether it had been done lately or not—it was very dark—it was his right eye—I do not see much difference now to what there was then—I could see there had been a bruise.
(Evidence for the Defence.)
The prosecutor's deposition being read omitted to state that Taylor said, "I know you have money. "
MRS. CALVERT. I live at No. 48, Mortimer-street. On Tuesday, the 10th of Dec, Mrs. Taylor sent to me to ask me to speak on behalf of her son—I saw Allen and his brother there—I went to the door, but did not enter the room, but they were making a proposition then to Mrs. Taylor to give them 3l.; and they would go to Devonshire out of the way—I heard the prosecutor say to her, "I will not appear against your son if you will give me 3l.; I will then go to Devonshire"—she said she had not got the money by her—they then said, could she have it by Saturday?—she said she did not know whether she could, she would try—the brother then requested the prosecutor to go out, and he would speak to Mrs. Taylor alone—he went out, and left them alone—I then went in, and requested Mrs. Taylor would not give them the money—I told her to send for a policeman—the prosecutor had then left.
MR. MELLOR. Q. Are you related to Taylor? A. No—I did not hear the commencement of the conversation—I did not enter the room, but stood at the door—Mrs. Taylor said she had not sent for the prosecutor, after he was gone.
Q. Why should she tell you that? A. She made the observation that he had come of his own accord—I do not know that she had sent for him—I swear I did not hear her make a proposition to him—I do not precisely recollect all that passed—I have known Taylor's family fifteen years.
MR. ROBINSON. Q. What character does he bear? A. Always a steady, industrious character—I never thought he would get into such trouble—Elizabeth Prince was present at the conversation.
MR. MELLOR. Q. Do not you know that he has been in trouble before? A. I have been told so, lately.
ELIZABETH PRINCE . lam a servant out of place. On the 10th of Dec. I was at Mrs. Taylor's—the prosecutor's brother came first, and about half-past six o'clock in the evening they both came together—I saw Mrs. Taylor—I was present—Mrs. Calvert came in just before the prosecutor went out, about five minutes before—the prosecutor said if Mrs. Taylor would give him 3l. he would go to Devonshire—the brother said he had brought his brother to make arrangements with Mrs. Taylor—the pro secutor said he would not have appeared against him if he had given him 1s. at the station-house, and his hat was not worth 6d.—he asked her if she would get the 3l. ready by Saturday, and he would go away, but he would not go under 3l.—he would come again on Saturday and see if she had got it ready—he then went out, saying he would leave his bro ther to make arrangements with Mrs. Taylor.
NOT GUILTY .
Before Mr. Baron Rolfe.
THOMAS TRIBE . I am a boot and shoemaker, and live at Uxbridge. I know the Rev. Mr. Hale, of Hayes—a man, who I believe to be the prisoner, came to my shop on the 10th of Aug. and gave me this note, which I opened and read—(read—" Mr. Tribe, boot and shoemaker, Uxbridge. The Rev. John Hale will thank you to send by bearer a few ladies' boots, 4 1/2 size, also a few pairs of children's boots, 6 1/8 size: they shall be re turned in the evening, together with the money for those selected. Satur day, P. M.")—I looked out the goods and packed them up, while my son was in conversation with him—I gave him the goods, supposing he had come from Mr. Hale—he said he had lived in Mr. Hale's family, and looked very respectable—he said the boots were for Mr. Hale's family—I do not know any other Mr. Hale.
JOHN TRIBE . I am the prosecutor's son. The prisoner is the man who came with the order—I saw the goods delivered to him—I was in conversation with him while my father was looking them out—he said he had not lived long with Mr. Hale, of Hayes, but he lived with a cousin of Mr. Hale's, and had been in the family a long time.
Cross-examined by MR. ROBINSON. Q. I believe you were examined before the Magistrate? A. Yes; the signature to this deposition is mine—I said the prisoner told me he lived with Mr. Hale, of Hayes, but whether it was taken down I do not know—we have goods in our window, but none hanging about—I never saw the prisoner before.
REV. GEORGE CARPENTER HALE . I am vicar of Hayes. I never saw the prisoner before, except before the Magistrate—he never lived in my household, nor do I know of his living with any member of my family—I have a brother John, a layman—I had a cousin named John, a clergyman, but he has been dead more than a year—I had no relation called Rev. John Hale in Aug.—I did not send the prisoner for any boots—this order is not my writing—I never saw it till it was before the Magistrate—I have dealt with Tribe.
Cross-examined. Q. Perhaps you will not swear it is not the writing of your deceased cousin? A. I will swear it is not—he had been a widower many years—he had several married daughters.
GUILTY . Aged 32.— Confined Two Years.
(There was another indictment against the prisoner.)
WILLIAM HAWKINS . I am a broker, and live in Horseferry-road, Westminster. On the 29th of Nov. last I had a bedstead in my posses sion—I had sold it to a customer—I placed it outside my door about eight o'clock in the evening, and left it there for the purpose of serving another customer who came into the shop at the time—I remained about half an hour—after I had served the party, I went to get the bedstead to take home, and then missed it—this now produced is it.
o'clock, and saw the two prisoners together, carrying the bedstead—Brown carried the front part on his left shoulder, and Smith the hind part—they were coming in a direction from Mr. Hawkins's house, and about 200 yards from it, into Duck-lane—they then crossed out of Duck-lane into Old Pye-street, and went into the passage of the house No. 4 just as I got up to them—I called to them as they were going into the passage, and said, "I don't think this is all right"—they threw down the bedstead in the passage, and ran away through the passage into a back yard—I followed after them, and nearly tumbled over the bedstead—I called out, "It is no use to run away, for I know you both"—when I got into the yard I saw Smith getting over the palings—I nearly caught hold of him—I went over the palings after him into the next yard—my coat hung in the palings, and I fell—he escaped through the adjoining house, and I did not see any more of him—Brown was in front of Smith, and I did not see him after he got into the passage—I then took the bedstead to the station, and gave information to another constable of the parties I wanted.
Cross-examined by MR. PARRY Q. When did you first give the account of following these lads over the palings? A. When I went to the station, and also before the Magistrate—I stated that they escaped over the back yard—there was a gas-lamp at the corner where I saw them, and one ata beer-shop as well—I was about ten yards off when they passed by with the bedstead—there is a little cottage at the back of these premises—the palings are between four and five feet high, and are pointed at the top—I nearly caught Smith in going over the palings—he did not go over two palings—he went out through the passage of an adjoining house—there is a row of houses in Duck-lane, all inclosed in a similar way, but some of them have iron railings—the doors are nearly always open—they are lodging-houses—I did not see Brown after he went into the passage—he was in front—I know a man named Moon, who keeps a public-house in Tothill-street—I know Millerman—I have not been with him in Moon's public-house since this occurrence, until this morning, just as we were coming away—I did not adjourn to that public-house after Brown was apprehended—I did not go there with Millerman after Brown was apprehended and locked up in the station, that I swear—I do not believe that I did—I might look in at the door—I went to a good many public-houses which I knew to be the resort of these youths, but I did not go to Moon's; it is a different sort of house—I did not say to Millerman, in Moon's house, and in his presence, "We must make this a trial job," nor did Millerman say so, nor did I answer, "No fear of that, I will stick to him"—I said nothing of the kind, nor did Millerman to me, that I swear—I know a woman named Bryant—I do not recollect meeting Brown's brother on the Sunday following, the 1st of Dec.—I met him a few days after the 1st of Dec.—I do not know what day it was—he came to me and said, "Butler, you have got the wrong party in custody, will you go and have something to drink?" I refused, knowing him so well—he did not say that his brother was at home at the time I said I saw him, nor did I reply that I had sworn it was him once, and I would stick to it, or continue to do so—I said nothing of the kind—I said I knew what party I had got, for I had seen them together before, and I knew him well—I told him I had got the right party in custody, I knew him so well—he said I had not—Millerman was the policeman to whom I gave the information about the boys—I di rected him to find them—he had told me before that they were out toge ther—as soon as I had gone to the station, and put the bedstead there,
Millerman went and brought Brown while I was at the station, before I could get out, and Mr. Hawkins came and owned the bedstead—I sent Millerman while I went up to Mr. Hawkins's, as I suspected it had come from there, and in the mean time he had been to the station—Millerman went after them from the description I gave at the station—Millerman is a special constable, and generally goes in plain clothes.
Smith. Q. Can you swear that you saw me? A. I can—you were carrying the bedstead, coming up Duck-lane, opposite Pear-street, leading into Old Pye-street—I saw your side-face—you had the hind part of the bedstead on your right shoulder.
COURT. Q. Had you known either of the prisoners before? A. I have known Brown three or four years, and have seen him almost every day—Smith I have known two or three months, seeing him about at night constantly.
WILLIAM MILLERMAN (police-constable B 96.) I was on duty on the 29th of Nov., and patroling the division, about six or seven o'clock I saw the prisoners both together in Rochester-row, which is not ten minutes walk from this passage, in Horseferry-road—I afterwards received some information from Butler, in consequence of which I went in search of the prisoners—I found Brown at home at his own house about half-past nine—I told him I wanted him for a bedstead that was stolen from Hawkins—he denied knowing anything about it—I took him to the station, where he was identified by Butler—I afterwards went in search of Smith every where, but did not find him till the 10th, when I happened to run against him accidentally, in the Broadway, Westminster—I told him I wanted him for the bedstead—he denied knowing anything about it, and I took him to the station, where he was identified by Butler.
Cross-examined. Q. Are you an officer of the detective force? A. I am—I have been in the police nearly ten years, but only two years in the detective—when I apprehended Brown he did not say he had been at home at the time—he said he did not know anything about it—I know Moon's public-house in Tothill-street—it is not far from the station—after Brown was locked up, Butler and I went to Moon's public-house—we had a drop of something—we were there, I dare say, about five mi nutes—I did not say to Butler there, "We must make this a trial job, Butler"—that I swear—I never said anything of the kind, nor did Butler reply, "No fear of that, I will stick to him"—nothing of the kind—I swear that positively—I do not know a woman named Bryant, to my knowledge—I know a man named Hyde—Butler and I met Hyde on London-bridge, after this occurrence—we were in search of Smith at the time—I did not, on Hyde's saying he intended to give the prisoner a cha racter, say to him, that if he did, I would make him smart for it—nor did Butler say so in my presence—nothing of the sort—I was not at the sta tion on the night of the robbery when Butler came there with the bed stead—he informed me of it directly we came in at nine—he then gave me a description of the lads—his own duty was to look after his men—he was waiting for a man at the time, being on his duty, he gave me the de scription, and I went and apprehended Brown—I have had a good many cases—it has not happened to me to take more boys than men—I should say I have taken more men.
Evidence for Brown's Defence.
ever since he was two years old. On Friday, the 29th of Nov., he was down in my place from four to five o'clock, when he went home to his tea—I went to his mother's house at six, and remained there till the officers came and took Brown, which was a little after nine, as near as I can guess—I saw Brown there from about a quarter or half-past seven till then—he came into his mother's place from about a quarter to half-past seven, and never went out afterwards till he was taken, nor did I.
COURT. Q. What makes you know it was a quarter or half-past seven when he came in? A. Because his sister came down from work, and his other sister's little child was ill, which caused me to be there—his sister lodges at his mother's—I know it to be a quarter or half-past seven, from the time I went there.
MR. PARRY Q. You went at six o'clock? A. Yes, and he had left my house at five.
WILLIAM GABLE . I am an army cap-meker, and live at No. 4, Frederick-street, Regent-street, Vauxhall-bridge-road. I have known Brown about four months, and know his parents—I am courting his sister, am am in the habit of going to his mother's house—on the 29th of Nov. I was there to tea, and from that time till the prisoner was taken, which was about twenty minutes past nine—we had tea at four—Brown was there from a quarter to half-past seven, until he was taken, and I was with him—I am quite sure as to the day and time, within a few minutes.
COURT Q. What makes you know it was between a quarter and half-past seven o'clock? A. Because his sister left off work at seven, and I reckoned it was about a quarter or half an hour after that—he came in in about a quarter or half an hour after they left off work, as they told me when they came down stairs—he was there at the time they came down—I was not up stairs when they were at work—they came down about a quarter or half an hour after they had left off work—they told me so—they said they left off exactly at seven—the prisoner was in when they came down, and never went out after that—he was in and out before that time, but from that time I can be sure for his being in doors.
MR. PARRY. Q. His sister was in the habit of working up stairs? A. Yes—she is a cap maker.
THOMAS PROCTOR . I produce a certificate of Brown's former conviction—(read—Convicted on the 22nd of Aug., 6th Vict., of larceny, and confined ten days)—I was present at his trial, and am sure he is the same boy.
BROWN— GUILTY . Aged 17.— Confined Six Months.
SMITH— GUILTY . Aged 19.— Confined Four Months.
OLD COURT.—Thursday, December 19th, 1844.
Fourth Jury, before Edward Bullock, Esq.
JOHN JOHNSON . I am a fruiterer, and live in Pear-tree-street, Brick-lane, St. Luke's. On Friday morning, the 13th of Dec., I gave the prisoner a basket of apples to carry home for me—I covered them with a sack, and
told him to go easy, and I would go along with him out of the market, but he gave me the slip in the fog, and I never saw him again till he was in custody on Monday morning.
GUILTY .— Confined Two Months.
Before Mr. Baron Rolfe.
MR. PAYNE conducted the Prosecution.
JOHN LOVE . 1 am assistant to William Hardwick, a draper, of No. 325, Holborn. On Monday, the 2nd of Dec., about a quarter to eight o'clock in the evening, the prisoner came in with some patterns of silks to match—I was not able to match them—she purchased several small articles, which came to 6s. 4 1/2 d.—there were several pieces of silk on the counter—one very nice piece was ticketed 2s. 11 d., which she remarked was very cheap—I had occasion to leave her, I should think a dozen times, to get the different things she wanted, and on my return the last time, I saw that her hand seemed to shake, and she seemed rather anxious to get out of the shop—she gave me half-a-sovereign, and said she would be back in five minutes for her parcel and the change, and left the shop—as soon as she had left, I examined the silks on the counter, and missed a piece marked 2s. 9 1/2 d. per yard, which was one of the pieces that bad been shown to her—I immediately went and mentioned it to Mr. Hardwick—the prisoner returned in about a quarter of an hour, and asked if her parcel was ready—I said it was—Mr. Robinson immediately asked her to step into the ware-house, he wanted to speak to her—she went in with him—I went in a few minutes after, and heard her denying that she had taken the silk—I after wards heard her say that it was in a pawnbroker's shop over the way, but that it was not taken by her.
MR. CLARKSON. Q. Did Mr. Hardwick tell her that if she told where it was be would not prosecute her? A. Not in my hearing—they had some private conversation before I went into the place—Mr. Hardwick is not here.
MR. PAYNE. Q. Had a constable at that time been called in? A. Yes—I went with the constable and the prisoner to the pawnbroker's on the opposite side of the way, No. 93—the policeman got the duplicate from the prisoner on the way to the shop—he presented the duplicate to the pawn broker, and said, "Has this been pledged here?"—the pawnbroker said, "Yes"—the prisoner immediately threw down four sovereigns—the pawn broker snapped at them—he produced the silk, which was the piece I had missed—it is satinet—there are forty-eight yards, and it is worth six guineas.
Cross-examined by MR. CLARKSON. Q. Is satient entirely composed of silk, or is there silk and cotton in it? A. Some of the lower qualities are mixed with cotton—I do not know whether this is—it is commonly called satinet—Mr. Hardwick has no partner.
FREDERICK DRAPER (police-constable F 25.) I was called into Mr. Hardwick's shop, and the prisoner was given into my custody for stealing a piece of satinet—I asked if she had got the piece of satinet—she said she had not—she denied all knowledge of it—I asked her if she knew where it was—she said she did—I asked where—she said it was pledged—I asked where—she said she would show me—I accompanied her with Love to Mr. Crockett's, at the corner of Dean-street—on our way, I asked her for the duplicate—she hesitated, but at last gave it me—on producing it to the pawnbroker, the satinet was produced, and the prisoner threw down four sovereigns on the counter, which was taken by the pawnbroker—I took her to the station—she was searched, and 2l. found on her.
THOMAS DICKER . I am assistant to Mr. Crockett, a pawnbroker, in Holborn. This piece of satinet was pledged at our shop on the 2nd of Dec., about a quarter to eight o'clock in the evening, by the prisoner, for 4l., in the name of "Brown, No. 14, York-street, Pimlico "—I was present when it was given to the policeman—it was the same piece I had received from the prisoner.
(Jane Leplasterier, milliner and dressmaker, formerly of Ludgate-hill, deposed to the prisoner's former good character, but stated that for the last two years she had been connected with a man named Moore, which had led to the commission of the offence.)
GUILTY of stealing only. Aged 32.— Confined One Year. (There was another indictment against the prisoner.)
212. WILLIAM BURGESS was indicted for feloniously uttering a forged transfer of a certain share and interest, viz., 6,305l.; 3s. 5d. in the 3 per Cent. Annuities, standing in the name of William Oxenford, with in tent to defraud the Governor and Company of the Bank of England: 2nd COUNT, stating his intent to be to defraud William Oxenford: 3rd Count, with intent to defraud George Shum Storey and others.
WILLIAM SMEE , Esq. I am the chief accountant at the Bank of England. I produce a copy of the account of William Oxenford, taken from the Bank ledger, which is a public authentic book, kept at the Bank of England—I have examined it with the ledger, and it is a true copy.
Cross-examined by MR. BODKIN. Q. Is it your handwriting? A. It is not—I believe it is the writing of a clerk named Beaton—I compared it with the book, I think, the day before yesterday—I did it alone, looking first at the paper and then at the book—Beaton was not assisting me in the comparison—I so carefully examined it that I can swear that it is accurate in every respect.
(This account being referred to stated, that William Oxenford was possessed of the sum of 9,800l. Three per Cents., and that 6,305l.; 3s. 5d. of the same had been transferred to G. S. Storey and others, and 1,894l.; 16s. 7d. to H. Mortimer.)
COURT. Q. This means that Mr. Oxenford was entitled to those sums of stock? A. On the credit side you will find he is credited for 10,000l., and on the debit side, in the early part of April last, he was debited 200l., leaving a balance of 9,800l.—the two subsequent sums are the sums in question—this is from the ledger of the Consols.
MR. ADOLPHUS. Q. Was the prisoner employed in the bank in September last? A. He was—his duty was such as to give him access to all the ledgers in the Transfer-office; and were he to go to any particular ledger, no question would be asked him, conceiving it was his duty to do so—he was employed in the Power of Attorney office—he would know the whole course of business, and could furnish himself with whatever particulars he wanted.
Q. Did he at any time apply to you for leave of absence? A. He did—I am not certain whether it was on Saturday, the 31st of Aug., or Monday, the 2nd of Sept.—the probability is that it was on Monday, the 2nd of Sept.—he asked leave from the 3rd of Sept. to the 5th, which he had given him—he did not return at the end of his leave.
Cross-examined by MR. BODKIN. Q. How long you have been in the employment of the bank? A. Forty-three years—the Three per Cent. Consol office is a separate room to the Power of Attorney office, in which the prisoner's business was performed—it is not in a separate part of the building, it is contiguous—it may he said to be a separate office, though intimately connected with the Transfer-office—he had a duty to perform in the Consol-officein going to put limitations on Power of Attorney, and for various other inquiries that he clerks in the office may call on him for.
MR. ADOLPHUS. Q. Do you mean that these offices are separate buildings, or only separate rooms? A. Merely separate rooms—there is a door separating the Transfer-office from the Power of Attorney office, just as you go from a front to a back parlour—you merely walk from one room into the other—he hade access to the Consol books in every way whatever.
COURT. Q. His duty was with reference to powers of attorney generally for every species of stock, I suppose? A. Yes—in order to enable him to perform his duty with reference to the preparations of proper power of attorney, he would have access to the books, showing the different state of accounts, as well as the Consols—he would go into the Consol-office, take up the ledger, and open it, and no question would be asked, the clerks considering it part and parcel of his duty—if he was instructed to prepare a power of attorney for 1000l. for A. B., part of a sum of 2000l., he would have authority to examine the books, in order to see if A. B. was entitled to such a sum.
WILLIAM OXENFORD I live in John-street, Bedford-row—I was formerly in the Custom-house for many years. In September last I had a sum of 9,800l. in the Consols—I never transferred, or consented to the transfer of any part of that money—I never signed any paper or power what ever to any person to do so—I never saw the prisoner in my life till I saw him at the Mansion-house—I never knew a person named Joseph Elder—this signature of "William Oxenford" in this transfer-book (looking at it) is not my writing—I can see, with out my spectales, that it is a forgery—I never empowered anybody to write that for me.
Cross-examined. Q. Had you accepted this stock? A. I do not know—I may have done such a thing—I left it to my broker, who is a most respectable man—I have always been in the habit of receiving my dividends personally—the Bank books would have a great many signatures in my handwriting.
MR. ADOLPHUS. Q. There are two transfer-books signed "William Oxenford," are there not? A. Yes—neither of them are my writing.
COURT to MR. SMEE. Q. Is it a very common thing for persons to have stock transferred to them without accepting it? A. Exceedingly common—I should think nine persons out of ten do not accept.
RICHARD BORD . I am a clerk in the Consol-office in the Bank, on the 3rd of Sept. I received from Mr. Sutton, a clerk in the same office, two tickets—(looking at them)—these are them—I received them from him for the purpose of effecting a transfer—they are usually deposited in a box, and we take them out as we are going on entering—these came into my possession from Mr. Sutton—he was somewhere about the Transferoffice passing over tickets—I saw the prisoner in the Transfer-office at that time—I am uncertain whether I received the tickets from the hand of Mr. Sutton, or whether I may have taken them from the box, but they came direct from him—I received them in the Transfer-office—I am employed in the Transfer-office—the prisoner was not in the office at that time—he made his appearance a few minutes afterwards—I happened to have the number of tickets in my hand when he came up—there were several other clerks assisting there, and he came up and inquired who entered stock for the name of Oxenford—I replied that I did—I had these tickets then in my hand—he then asked me if I would oblige him by entering them directly, as Mr. Oxenford was waiting—I therefore proceeded to enter them in the Transfer-book—whilst he was waiting I asked him if he knew Mr. Oxenford, having known the name many years ago, before I was in the Bank—he replied that he did—he was an old friend of his—I said, "He must be getting an old man now"—he said he was—when I had completed it I said, "Where is Mr. Oxenford?"—he said he was outside minding the horse—that he (meaning himself) had got an early off that day, and they were going down to Gravesend together—I supposed by that that he had done his business for the day, and had leave to go away early—he then went out to fetch Mr. Oxenford, and shortly returned with a gentleman, and asked me for the book—he then asked, "What gentleman will see it?"—it is the custom that one clerk should witness the transfer, and that another person, in attendance with the party transferring, should witness his identity—it must be some person known to the Bank—the prisoner took the book and took it to Mr. Ingall, another clerk, who was close by, sitting in the same office—at the same time I heard him say to the person who had come into the office, "Come along, Willey," or some such expression as that, "it is all ready"—I saw him and the other person come up together—I did not myself witness the act of the transfer of this stock—I did not see the signature—I after wards accompanied John Forrester, the officer, to the United States—we left London on the 18th of Sept.—we ultimately went to Boston, and found Elder in Federal-street, No. 51 (we had been to a variety of other places first)—it was on a Thursday, about the end of Oct.—he was passing by the name of Ellis—I recognised him as the man who had come into the Bank with the prisoner, after his going out to fetch Oxenford, who he said was minding the horse—I told Forrester that he was the man—Forrester took him by the coat and said, "Your name is Joseph Elder, and you are lately from London"—he was afterwards committed to prison, and I heard afterwards that he had destroyed himself—I went with Forrester to Nahant where the prisoner escaped from, but did not go up to Brewster's Island.
Cross-examined. Q. You were not examined before the Magistrate at all, I believe? A. No.
JAMES SUTTON . I am a clerk in the Consol-office. I compared these two transfer tickets with the account of William Oxenford, and afterwards delivered them to Mr. Bord to enter in the transfer, in the Bank books—that means filling up the printed forms for the purpose of transferring the Stock, according to the tickets taken from the box.
Cross-examined. Q. You were not examined before the Magistrate? A. No.
THOMAS INGALL . I am a clerk in the Consol-office. I was in the Consol Transfer-office on Tuesday, the 3rd of Sept., and remember seeing the prisoner there—when I first saw him he was a few feet from me, on the public side of the counter—there was a person with him—I knew the prisoner well, but not the other person—the prisoner called my attention by saying, "Perhaps, Mr. Ingall, you will see this?* (meaning, that I would perhaps witness the transfers)—he bad the transfer receipts in his hand—the book was on the counter—I took the receipts from him—I have no recollection of answering him—the person he had brought with him then signed these transfers "William Oxenford"—my place at the counter was about six or seven feet from where Mr. Bord stood.
Q. How was the book transferred from Mr. Bord to you? A. So far as I recollect, the prisoner merely brought the book a little nearer to me, but did not come immediately opposite to me—he brought the book from Mr. Bord, and I think he brought it forward, and placed it in the position in which it was signed by Elder—the prisoner, in the meantime, or immedi ately after, read to me the amount transferred, from this book, and the names into which the amount was going, and I checked him on the stock receipt or tickets which I had in my hand at the time—these are the tickets that I had in my hand at the time—my signatures are to them—the amount transferred is, (reading,) "6305l.; 3s. 5d., to George Shum Storey, John Petty Musprat, William Cotton, and Matthew Whiting"—I found that cor responded with one of the receipts I had in my hand—nothing had passed between me and the prisoner, before this, as to who the person was that he brought—after the person had signed the transfer, the prisoner wrote in "William Oxenford," and his own name at the back, as the witness to the identity of William Oxenford, the person making the transfer—this is it—"Witness to the identity of W. Oxenford, W. Burgess, Bank"—the words "Witness to the identity" are in print; the name "W. Oxenford" was written in ink by the prisoner, and then he signed his own-name, describ ing himself as of the Bank—when he had signed his name, the book was turned round by the prisoner to me, to examine the transfer, to see that it had the signature of William Oxenford, that he was properly identified, and that the witness to the identity was named there—I signed it as the attesting witness—I then handed the prisoner the receipts, of which this is one, and he walked away—I had previously signed my name to it—I do not recollect whether the receipt was signed before it was placed in my hand, nor do I recollect seeing Elder sign it—it was signed as it now ap pears when it was in my hand, with the exception of my own signature—I put my signature to it at the time the prisoner read the amount from the transfer-book, and I checked it on the receipt—that receipt was handed by me to the prisoner—it had been signed by Elder, in the name of Oxenford,
before it was put into my hand—I do not recollect seeing it signed by Elder—Elder went out with the prisoner.
Cross-examined. Q. I understand you to say that you do not remember seeing this receipt signed by anybody? A. I do not—I have witnessed the signature of the party—it is constantly the case that receipts are brought and not signed in our presence—it is frequently the practice for brokers to come with persons who are about to transfer, with the receipts already signed at their office—they acknowledge it as their receipts, of course—this was passed over to me, and I assumed it to be right, and put my name to it as the witness—I was not noticing this transaction from the time the application was made to Mr. Bord—Mr. Bord was about six or seven feet from me—he was not the very next person attending to business; there was one between us at the counter at the time, Mr. Tomkins—these books lie on the counter in the office, and are pushed along from one to the other as they are required—the book would be presented towards the public side of the counter for the transfer to be executed—I have a very considerable number of these transactions in the course of a day, at times—I do not generally keep hold of a corner of the book while the party is signing, and then draw it back to its right position opposite myself—I have very rarely held the book while a party is signing it—as soon as it is signed, I quite as often draw it back as the party pushes it back—I certainly do not watch the party, to see, more than is necessary for the transaction of the particular business—the book is either draws back by ourselves, or returned by the broker.
Q. At this distance of time I suppose you cannot say in which way this particular transaction was done? A. As far as my recollection serves me, Burgess turned the book round—I think I can be positive of it—to the best of my recollection he did so—I will swear positively that he did so—there was nothing remarkable in this transaction to call my attention to it—I cannot tell how many transfers took place in our office that day, because I am not engaged in the whole of them—I cannot tell how many I was engaged in—I should imagine there must have been a good many after this on that day, because it was a heavy day with us—it is impos sible to say whether the transfers appear in the book in the order in which they were-made in the office, except with regard to these two—I do not find one just before or after it in which I have been the attesting witness—whatever 1 attend to I put my name to—I do not see any other in this book that day which I put my name to—I see no other in this book except these two transfers of William Oxenford—there appears to have been six other transfers that day—it does not appear by these entries that I witnessed any except those of Oxenford—there are other books in which I probably witnessed on that day—without looking at the books I cannot say whether I did or not, but the probability is that I did—I do not positively remember—to the best of my belief I should say I did.
Q. Can you remember, in any one instance that occurred that day, whether the party coming pushed the book to you, or you drew it back, with the single exception of this transaction? A. I cannot, nor on the day before, nor the day after.
Q. Will you explain, then, what there was peculiar about this transac tion to enable you to swear with any degree of positiveness as to how the book was treated on the occasion of this particular transfer? A. The thing came to light in a few days after; and I endeavoured, as well as I
possibly could, to bring to my mind all the circumstances that had taken place—I was examined before the Magistrate.
Q. Is this the first time you have stated that fact of the prisoner's pushing the book? A. I do not recollect whether I was asked the ques tion before—I cannot positively recollect whether this is the first time I have stated that the book was handed or pushed to me by the prisoner—I think it is.
HON. STUART WORTHLEY . Q. Is the attesting witness to the identity generally the broker? A. Yes; I have frequently seen a clerk of the Bank an identifying witness—I knew the prisoner's person, but had no acquaintance with him beyond knowing him in the establishment—I think my attention was called to this transaction on the Monday after, the 3rd of Sept—the facts were fresh in my recollection at that time.
THOMAS TOKELEY . I am a stock-jobber, and have been so for nearly forty years. I know the prisoner, by his entering my tickets in the Three and a Half Reduced—I know nothing more of him than as a Bank clerk—he called on me when I was standing in the Bank, at the latter part of Aug., and said that he had a friend who wanted to raise 8000l., and he had 8200l., stock—I do not think a word passed beyond that—I had no further conversation with him at that time—he left me immediately—on Tuesday, the 3rd of Sept., I saw him in the street, at the foot of the Bank steps—he brought me a ticket, filled up in the regular way, for the purpose of the sale of 8200l. stock—it was a ticket of this sort, the ordinary transfer ticket that is used at the Bank—I did not notice what name it was in—I noticed the amount in figures—I immediately passed it to Clement Smith, who is a stock-jobber, and we agreed as to the purchase, at, I think, at 98 7-8ths, the price of the day—I calculated the amount that would be in money—it was 8107l.; 15s.—I afterwards received from Mr. Smith, in the course of the day, two receipts—this is one of them—it was not then signed—I gave them to the prisoner, to go into the Consol-office, to make the transfer—I believe at the time I gave him the receipts I was standing at the bottom of the Bank steps, in Bartholomew-lane—there was a crowd of persons about there—I do not know that any party was in his company—he took the receipts from me—when he came back from the Transfer-office he brought me the same two receipts—I was then standing on the Bank steps—they were then regularly signed and witnessed by the clerk—I believe at that time he had a friend with him, but I never spoke to him—I saw a person with him—nothing passed—the prisoner gave me the receipts, and I passed them to Henry Smith, the son of Clement Smith, to go and fetch me the money—the prisoner told me he would wait at the Auction-mart Coffee house for the money—I afterwards received this check (looking at it) for 8,000l.; from Clement Smith, also a 100l.; note, a 5l.; note, and 2l.; 15s. in cash—I took them to the Auction-mart Coffee-room—I there found the prisoner sitting down with the same man that was with him when he brought me the receipts—I put the money on the table before them—his friend took up the 8,000l. check, and the prisoner took the cash and the Bank notes—he never told me who the other person was—I had no conversation with him whatever.
Cross-examined. Q. As far as anything appeared to you, it seemed a regular transaction? A. I had no reason to doubt it at the time—there was nothing unusual in it, or in the mode of conducting it—I had no reason to suppose there was anything unusual at the time.
CLEMENT SMITH . I am a stock-broker and jobber. Mr. Tokeley applied to me, on the 3rd of Sept., to purchase of him 8200l. stock, Three per Cent. Consols—I was to give 8107l. 15s. of it—the transfer ticket was made, and the thing done all regularly—the name of William Oxenford was on the ticket, as the party making the transfer, and he was described as of the custom-house—I had not the money at that moment, and applied to Mr. Mortimer—I had one ticket given to me in the first instance by Mr. Tokeley for 8200l.—Mr. Mortimer afterwards gave me one sum of 6305l. 3s. 5d., and the balance was to go in his own name, and my clerk, by my instructions, wrote these tickets—I made it into two sums, one of 6305l. 3s. 5d., to George Shum Storey, John Petty Muspratt, William Cotton, and Matthew Whiting, all of the Pelican-office, Lombard-Street, and the balance 1894l. 16s. 7d. in Mr. Mortimer's Own name—I do not Know what became of the original transfer ticket for the 8200l.—we had no occasion to keep it, and it must have been destroyed—I cannot say that I did destroy it—I have looked for it—it has given me a deal of trouble—it is not a document that I am in the habit of keeping—I know the prisoner—I went to the power of Attorney-office to inquire if he was there on Tuesday morning, the 3rd of sept., after Mr. Tokeley had spoken to me about the business—I should think it was about a quarter to elevan o'clock—I heard he was not there, and was not likely to be there—this is the check by which the purchase of the stock was made—gave it to Mr. Tokeley, and afterwards gave him a 100l. note, a 5l. note, and 2l. 15s. in cash, the balance of the money.
Charles Chatham Lawrence. I am one of the cashiers at the banking-house of Sir John Lubbock and Co. On Tuesday, the 3rd of Sept. last, about twenty minutes before two o'clock, this check for 8000l. was brought to me by two persons; the prisoner was one, the other was a person of about forty-five or fifty years of age—the prisoner had a carpetbag, on which he was leaning on the counter—it appeared to me to be empty—we always ask the name of parties presenting checks—I did so on this occasion, and the name of "Oxenford" was given—it was the prisoner's companion who presented the check to me, and who gave that name—I asked how he would like it, and he replied, "Part or all in gold "—I said, "If you want part or all in gold, you had better have large notes, and get the whole of it at the Bank of England"—I eventually gave them eight notes of 1000l. each—I put them into the hands of the person who accompanied the prisoner, in his presence—these eight cancelled notes are the notes I paid on that occasion—(these were Nos. 22201, to No. 22208, all dated 13th May, 1844)—the prisoner's companion counted over the notes in his presence, and before he left the counter, I saw him write something in the corner of the notes, in the prisoner's presence—I did not see what he wrote—to the best of my recollection, it was his companion who counted the notes and wrote in the corner of them—(looking at a carpet-bag produced)—the bag on which I saw the prisoner leaning was such a one as this; that was the prevailing colour and pattern of the bag—I do not speak to its identity, but it was that sort of colour and pattern—the prisoner's companion was a man I should judge about my own height, about 5ft. 9in.; but being on the other side of the counter, I could not exactly judge of his height; he had a ruddy complexion, and was a well-looking man—I did not observe particularly whether he was stout or thin.
WILLIAM HIGMAN . I am one of the superintendents of the issue department of the Bank. On the 3rd of Sept. last, about two o'clock in the afternoon, a man presented eight 1000l. notes at my counter for cash—it is necessary, according to the practice of the Bank, to have the name and address of the party presenting notes for payment—when these notes were handed to me, there was some writing in the comer which I could not decipher, and I asked the party presenting them his name—he said, "Oxenford"—I observed that there was only "Brixton" put as the address—in consequence of that I put a question to him, gave him the pen, and requested him to write—he wrote "Vassal-road" on them—after being inspected by the inspectors, they were handed to Mr. Ager, one of the tellers—I gave him the order for the gold, and Mr. Ager got it—I saw Dean, the porter, bring 10,000l. into the office, in bags of 1000l. each—I did not see the bags given to the party, as my duty took me to another part of the office—I afterwards saw the man emptying the gold from our 1000l. bags into two canvas bags, which he put into a large carpet-bag that he had in his hand—it was such a bag as the one produced, about that sixe and description—I cannot say that I saw him attempt to lift it—I after wards saw Aston and Dean, two Bank porters, each with a bag on his shoulders, go out of the hall—they were the two canvas bags that the man had brought with him—I did not see him put the two canvas bags into the carpet-bag—I saw him with the two canvas bags—I have heard Mr. Lawrence's description of the party who presented the notes to me—it is quite correct—he was a stout ruddy man, about forty-five yean of age—I can speak to the first of these notes (looking at it) being one that I cashed on that occasion—I saw him put "Vassal-road" on it.
THOMAS AGER . I am teller in the Issue Department of the Bank. On the 3rd of Sept., between one and two o'clock, I received directions from Higman to get some gold—it was near two o'clock—I accordingly got 10,000l. in gold—I assisted Dean, the porter—it was in separate bags of 1,000l. each—I brought them from the Treasury, and desired Dean to give the person I believe to be Elder, eight of the bags—I saw eight bags put on the counter, and saw a person there who, I believe, had presented the notes—that person took them away—he had a carpet-bag, and two canvas bags—the canvas bags were on the counter—the carpet-bag answered the description of the one produced—he put them into the canvas-bags, and then into the carpet-bag, but both the canvas bags were taken out and carried away by two porters—I delivered the gold in the Issue Department, which is in the hall—there is a passage through the hall—on crossing the hall you get to the out-teller's office—between the hall and the out-teller's office there is a passage which is darker than the rest of the Bank—the drawing produced (looking at it) is a correct plan of that part—I should think that a person standing where this blue mark is, could see me place the gold on the counter—this pink mark is where 1 was standing—a person standing at the blue spot could see me pay the money, and if he was familiar with the Bank, he could leave the building without passing through the hall.
MATTHEW GIBBINS . I am a bookseller and stationer, and deal in patent blacking. On the 3rd of Sept. I had occasion to go to see a gentleman at the Bank, on business—I had passed through the hall—when I got to the out-teller's office, it wanted four minutes to two o'clock—I observed that by the clock, as I had made an appointment to be there at two—I passed through the passage which runs outside the out-teller's office, and saw a
person there who was always represented to me as Mr. Burgess—I believe it to be the prisoner—he was standing, looking towards the hall—I have seen this plan—he was standing at this blue spot, or perhaps within afoot or two of it—he was on the right hand side of the passage—I have been to this place since, and looked towards the hall, and found a person might see what passed at the part marked pink, which is the second desk—the hall is very light, but this passage is darker—I said to him, "How do you do, Sir," and believe I said, "Burgess," but he did not answer—I left him there.
Cross-examined. Q. You were not examined before the Magistrate? A. No.
WILLIAM BEST EDE . I am a clerk in the Sorting Department it the Bank. On the 3rd of Sept. 1 received from the witness eight 1000l. banknotes, and signed my name for they—they were Nos. 22201 to 22208 inclusive.
LEONARD DEAN . I am porter at the Bank, and remember this occurrence on the 3rd of Sept., when 10,000 sovereigns were brought into the teller's office—I laid eight bags of 1000 each on the counter myself for the gentleman to receive—he emptied those eight bags into two larger bags which he brought with him, and put those two larger bags into a carpet-bag—I was afterwards called in with Aston, and assisted him in carrying the bags to the outside the Bank—there was a dark green open carriage, like a phaeton, outside the Bank, drawn by one horse—I put the bag into the bottom of the carriage—I had a very slight knowledge of the prisoner—there was a driver on the box of the carriage—I did not notice him sufficiently to say whether it was the prisoner—the carpet-bag was like the one produced,
JOHN RAY . I am a clerk in the Power of Attorney-office, and know the prisoner. On Tuesday, the 3rd of Sept., I saw him in the middle of the day—I cannot tell the hour, but I met him in a phaeton, near Birchin-lane—it was a one-horse carriage, and the prisoner was driving—it was a dark-green coloured carriage—he was turning out of Cornhill into Birchin-lane—there was a person in the carriage, older than the prisoner, about forty-five years of age, of a ruddy complexion, and stout—I did not know Elder—they went down Birchin-lane, away from the Bank, towards the river.
SOPHIA COHEN . I am married, and live with my father, Mr. Soloman, in Vinegar-yard—he keeps a general dealer's shop. On Monday, the 2nd of Sept., I remember the prisoner coming to our shop—I was present—my brother, who is since dead, served him—he asked for a portmanteau—there was one at the time standing at the door—he asked to see it down, and when it was shown to him he asked to have it blackened over—my brother undertook to have it done—he asked if he could have three bags made to fit the bottom of it—they were to be made very strong indeed, and of brown holland—he said they were to be sent to Mr. Caunt's public-house, at the corner of St. Martin's-lane, the Coach and Horses—my brother asked for a deposit—I did not hear what the prisoner said in reply—it was after that he said it was to be sent to Caunt's, and Caunt would pay for it—the portmanteau was blackened—I think it was about three o'clock, and it was sent home between four and five, the same evening—(looking at a portmanteau)—I believe this to be the same—it has got white edges inside, as the outside was blackened—it had been white—this is the same portmanteau.
THOMAS PASTILL . I am a boot and shoemaker, and live in George-street, Portman-square. I knew a person named Joseph Elder for three or four years—I did not know his business—I believe he was a dealer in horses—I know the prisoner—I first became acquainted with him about the same time as Elder—they went to the same house as I was in the habit of using—I first met the prisoner at Mr. Warren's, the George Townsend public-house, Oxford-street—Elder, I believe, lodged there—I knew but little of the prisoner till September, 1843, when I met him at Margate—he was then in company with Elder—I had seen him previously at the George Townsend in company with Elder—about three or four months after I came from Margate, Elder and the prisoner called at my house one evening—Elder asked if I knew any one who could accommodate the pri soner with board and lodging, or if I could myself—I said I did not know any one, and had not room myself, but if I had a vacancy I would let him know—in July last I had a vacancy, and left a letter at hit lodgings—he afterwards came to lodge at my house in July—I had seen him and Elder together at other places after they applied about the lodg ing—after the prisoner came to lodge at my house, Elder called to see him several times—I remember Sunday the 1st of Sept.—I saw Elder there about a quarter to one o'clock in the day—the prisoner and Elder were sitting just within my shop door—as soon as I opened my parlour door, and went into the parlour from the passage, they rose up and said, "Let us go up stairs"—the shop door was open, and they were sitting in the shop—it is a back shop door, leadsing into the parlour—Burgess's lodging was up stairs—they remained up stairs about a quarter of an hour or twenty minutes—I rung the bell for Burgess to come down to dinner—he knew what the bell meant—they both came down together—Elder was going away—I asked him to stop dinner, which he did—after dinner I laid down on the sofa, and while lying there I heard the prisoner mention the word "power of attorney"—Elder said, "How is it to be done?"—Burgess replied, "It is like placing two boxes on this table, take it out of one, you put it into the other"—there was then some conversation which I did not hear—the next I heard was Elder say, "Is it to be Tuesday or Wednesday?"—Burgess replied, "I do not know, I will tell you to-morrow"—Elder then said to Burgess, "What clothes do you mean to travel in, for I have got no great coat?"—Burgess replied, "No more have I"—Elder said, "I shall wear my loose one" (I had seen him wear a loose coat)—Burgess replied, "I shall wear this over my black one"—he had a loose coat on at the time, a kind of wrapper, which he used to wear—I went out at about half-past three o'clock in the afternoon, and left Elder there—while I knew him he went by the name of Joseph Elder—the prisoner knew him by that name—I returned to my house about ten o'clock at night, and found the prisoner there, but did not see Elder—on the Monday, Elder was at my house three times—he called a fourth time, but I did not see him then—he called first about twelve in the day for a bird that Burgess had, but did not take it then—Burgess was not there—he came a second time for the bird, und took it away—he came a third time, in about ten minutes—he had left his umbrella, and returned for it—I saw him and Burgess together that day at the George Townsend in Oxford-street, about ten o'clock at night—I did not hear anything pass between them—Burgess was sitting by my side—Elder
came to the door and beckoned him out—he went out, they returned in about twenty minutes together, and remained together about an hour—Burgess left with me and went home—I did not see Elder the next day—while the prisoner lived with me I had some money to put in the funds, and got him to bring me home the price of stock—he once told me he had 2000l. in the Bank—he borrowed 2l. of me about a week after he came to lodge with me, and on the 2nd of Sept. he borrowed a sovereign—he went out in the morning of the 3rd of Sept.—he was gone out when I came down stairs—I saw him again a little before nine o'clock—I had been out, and found him in the parlour at breakfast—he went out about half-past nine or ten o'clock, and came in again about half-past three o'clock in the afternoon—he then had a coat on similar to the one he has now, and a blue handkerchief round his neck—he walked to my house—I saw no carriage whatever, but when he went out in the morning he had a drivingwhip in his hand—when he came in the afternoon he paid me 7l. in gold, which he owed me—they appeared new sovereigns—he left between half-past three and half-past four o'clock, I believe—I never saw him again till he was at the Mansion-house—when he left my house, he said he should be back that night, he should not be late—he had three sovereigns in his hand—he showed them to me, and said, "This is all I have got, 1 shall not be late."
Q. He said once that he had 2000l.? A. Yes; that was when I asked him the price of stock—I think it was in Aug.—he said he was going to sell out some money—that was on Sunday, the 1st of Sept., when I came home—he said he had no money, and should get some next week, that his friend George was going to sell out, and he would let him have some—I should say Elder was about fifty years of age, about five feet six inches, rather stout, with rather grey hair and whiskers.
Cross-examined. Q. You were not examined before the Magistrate? A. No—I first heard of this forgery on Monday, the 9th of Sept.—I communicated this to Forrester that afternoon—I was before the Lord Mayor, but not examined.
JAMES WILKINSON . I am a stable-keeper at Portman-mews, Portman street, Portman-square—I let out carriages. On Monday, the 2nd of Sept., between seven and eight o'clock in the evening I think, the prisoner applied to me for a horse and phaeton, or a cart, or anything I could let him have, as he wanted to do a little business in the City—I had seen him about there before—he mentioned a fishmonger in George-street, who came with him as knowing him—I had not known him long—he had a gig of me some time before that—he went away in the morning by himself, in the phaetorn—I saw Elder at the corner of the street at the time—I had known Elder some time—he had recommended me to Elder for a character when he hired the gig.—Elder was between forty and fifty, rather nearer forty—Burgess started in the phaeton by himself; but when he got to the top of the mews, Elder walked towards him in Portman-street—he walked across the square to him—I did not see him get into the phaeton—he apparently got into it; but I could not see so well, as I was round the corner; but Burgess turned round towards where Elder was, and pulled up, as if for him to get in—he said he was going to do a little business in the City, and bring something in the phaeton—he wanted something with plenty of room in it, something strong—that he should be some hours absent—the phaeton came back, but I was not present.
JOHN WARREN . I keep the General Townsend, in Oxford-street; it it also called the George Townsend—Joseph Elder lodged at my house for three years, till Sept. last—the prisoner was in the habit of visiting him—towards the last two or three months previous to Sept., his visits be came rather more frequent—he sometimes came to Elder before he was up in the morning, and went into his bed-room—I remember Elder coming in on the 3rd of Sept., about three o'clock in the afternoon, and taking leave of me—he shook hands with me, said he was obliged to me for all favors, that he was going out of town, and he might be gone a fortnight or six weeks—about two hours after that, I was in the passage of my house, and saw Elder there—it was about five o'clock—he was in front of the bar—that was the last time I saw him.
WILLIAM DRAKE . I have been a groom, employed at the stables in Portman-mews. On Tuesday, the 3rd of Sept., between two and three o'clock, I was at the corner of Portman-street and Oxford-street—I saw a one-horse open phaeton coming up Oxford-street from the City, and come to the corner of Portman-street—the prisoner was driving it—he asked if I could go along with him—he said he wanted some one to bring his horse and chaise back to Mr. Wilkinson's—I went with him to George-street, and several places—he brought a parcel out of George-street, put it into the bottom of the carriage, then drove back to Portman-mews, to Leonard's, the Three-tuns, Portman-mews; he then went to Shackell's-in Bryanston-street; then went into a public-house, and came out with a soldier—he went into different houses, leaving me to take care of the horse—there was a large pareel in the phaeton, wrapped up in a coat, and a earpet-bag full, and two parcels, which he brought from Shackell's; it was two bundles of clean linen—I went with him to Caunt's, in St. Martin's-lane—he had the soldier on the box with him then—when he got to Caunt's, he took the things out of the phaeton himself, left me there, paid me, and sent me back to Mr. Wilkinson's with the phaeton—I took it there.
GEORGE ARLIS . I am a coachman, and live in Park-street, Grosvenor-square—I know the prisoner and knew Joseph Elder. In the first few days of Sept. last they came to my mews—I cannot tell the day—I only know it was the beginning of Sept. by this letter, which I afterwards received, the post-mark of which is the 4th of Sept.—it was two or three days before I received the letter—it must have been the 1st, 2nd, or 3rd of Sept.—I have every reason to believe it was the 3rd—they came to me in a four-wheeled phaeton with one horse—Elder came into my stable, and spoke to me—I went out, and the prisoner was standing on the curb-stone with the reins in his hand—I took a saddle and bridle out of the phaeton, and I believe they went away together—Elder owed me 10s., and left the saddle and bridle with me for sale—I was to return his wife the difference of the money—this was as near ten o'clock as I can recollect—(looking at a letter)—I believe this to be Elder's writing—I never saw him write.
BENJAMIN CAUNT . I keep the Coach and Horses, St. Martin's-lane. I know the prisoner by his coming to my house previous to this robbery—I did not know Elder—the prisoner was at my house four or five times during a fortnight before that—he came in a grey coat, which he gave my brother when he went away—he was dressed as a horse-dealer, in boots, coming up to the knees, and spurs—I should think it was about a week before the 3rd of Sept.—he showed me his spurs, and said he was a horse-keeper, and his stables were in Oxford-street; that he had five large hay-ricks down in
the country, and also a large farm; that if he knew I kept a horse he could have kept it for me, and would not have charged me anything for it for a considerable time—I said, "I am much obliged to you, my mare stands in Regent-street"—he said, "I think I shall sell my farm and five hay-ricks, make what I can of them, and go and buy a farm in America"—he said, "Can you let me have a private room here for a week or so? I will pay you well for it"—I said, "I will if possible"—he said, "I shall have 8,000l. or 9,000l. with me, and shall have six soldiers with me to guard me," and that he was going to deposit the money in the bank at Newcastle-on-Tyne—he came in a day or two after with a portmanteau, and said, "Caunt, will you lend me half a sovereign to deposit on this portmanteau till I fetch it," and he had three bags—he came to me inside my bar, which does not look into the street—he asked me to lend him 10s., or pay 10s. for the portmanteau, and keep it as security—I said, "I don't know you, the man can leave the portmanteau, and I will be answerable for the money; and if you don't want the portmanteau, the man must fetch it back"—the man was there with it on his back—he left it—I ordered it to be taken into my bed-room, and not delivered up till the money was paid—this is the portmanteau—he said, "When I come I shall have the money, and will pay you before I take it away; I shall have 8,000l. or 9,000l., and then 1 will pay you"—I was not at home on the 3rd of Sept.
ROBERT CAUNT . I am the last witness's brother, and am his waiter and barman. On Tuesday afternoon, the 3rd of Sept., the prisoner came to the house in a four-wheeled phaeton, drawn by one horse—a soldier came with him, and Elder came a few minutes after—they had a carpet-bag with them—the prisoner and the soldier carried the carpet-bag between them—it was very heavy indeed—they carried it with difficulty—the prisoner asked me for a private room—I said, "There is the bar-parlour you can walk into." which they did-the prisoner ordered refreshment, and while I was getting it ready in the bar, I heard a noise in the bar-parlour—it waslike jingling of gold—I looked through the curtain which divided the bar from the parlour, and saw gold in the carpet-bag, which was open—there were two canvas bags in it—the prisoner was handling the gold—one bag had burst, and some gold got loose into the carpet-bag—I believe the prisoner put some of the gold into his pocket—I saw him do so—I asked the pri soner where he was going with that gold—he said he was going to the Edinburgh bank, and said, "I have two soldiers to guard me"—I asked him to let me lift the bag for a reason of my own—I tried, but could not, on account of its weight—while Elder was there, the prisoner asked me where my brother or his mistress were—I said they were both out—he asked me if there was not a portmanteau of his here—I said I believed there was, but he could not have it, as it was locked up in their bed-room—Elder said, "If money will get it we must have it"—I called the pot boy to the bar, and Elder sent him for a locksmith—the servant went up stairs with him—he picked the lock, and brought the portmanteau down—I gave the prisoner the bill for it, and he paid me 1l.; 10s. for it—he said that was all right—Burgess put both the canvas bags, with their con tents, into the carpet-bag—about seven o'clock Elder went for a cab, and brought it to the door—the prisoner was still sitting in the bar-parlour—Elder came to the bar, and pressed on him to go, or he would go without him, he could not wait any longer, his time was expired—I got down everything that was owing, and they paid my bill, 2l. or 3l.—they had
had port and sherry, and beef-steaks—the prisoner paid it—the portman-eao was locked up—the prisoner and the soldier carried it out of the barparlour to the cab—Elder was before the bar—he and the prisoner got into the cab, which went off, and 1 saw no more of them—I did not hear them direct where to drive.
Cross-examined. Q. Were you examined before the Magistrate? A. No, nor was my brother—I first told this story last week—I believe I heard of the robbery a fortnight after it took place—I was in the country at the time—the officer came to my brother's house, and I told him of it.
JAMES GINGLE . I am a soldier in the Foot Guards; I know the prisoner, by being in company with him seven or eight times, but did not know his name. On the morning of the 3rd of Sept., between eleven and twelve o'clock, I saw him driving a phaeton with one horse, opposite the sigger's Head, Tower-hill—I was quartered at the Tower—he cut me with his whip, and asked me for Randle, another soldier—I said he was in the Tower, he would find him in the barracks—he asked where I was going—I said 1 had leave till twelve o'clock, and was going to the Three Tons, near Portman-barracks, to meet a friend—he said there was going to be a supper at Caunt's, and asked me to meet him there—I said I should not be able—he had somebody in the carriage with him, who appeared between forty and fifty, a very stout man—between three and four that afternoon the prisoner came with the carriage to the Three Tuns, where I was, and asked me to come into the carriage, and go to Caunt's—I did so—Drake was in the carriage when I came out—when I got to Caunt's, I helped him to carry the carpet-bag out of the carriage, it was very heavy, and was like the bag produced—I cannot swear to it—I helped him to put it into the little room next the bar—it was getting rather dark, it was near five o'clock—I remained at Caunt's till he went away, about a quarter or twenty minutes past seven—during that time, I saw two canvas bags inside the carpet-bag—he took them out of the bag, when a person came to inquire for him just before he went away—I saw him put them on a chair—I did not see what he did with them afterwards, as I left the room—there were three of us together—he said he would trouble us to walk into the other room—there was a civilian with me—I do not know who—it was after we had had beef-steaks and wine that he desired us to go into the other room—before he went away another person came—I think it was the same person I had seen in the morning—I had never seen him before that morning—he came into Caunt's, and asked the prisoner if he was ready to go—I carried the portmanteau into the cab, and the prisoner carried the carpet-bag—the portmanteau was rather heavy—I saw the prisoner carry the carpet-bag—it did not appear so heavy as when I had carried it—the prisoner and the other man went to the cab—one got inside and the other out—I do not know who the other man was.
Cross-examined. Q. Were you examined before the Magistrate? A. No,
JOHN HUGHES . I am a paper-stainer. I was at Caunt's public-house on the night of the 3rd of Sept., and saw the prisoner there—I was one of the party—we had four bottles of wine and some beef-steaks—I saw the soldier there—I knew Elder before, I had seen him scores of times—he came there about twenty minutes after seven o'clock—he said to Burgess, "I want you to go directly "—he said, "I am coming in five minutes"
Elder said, "If you don't come I shall go; I have a cab ready at the door"—the prisoner went away with him in a cab—one Grinham was there that night.
Cross-examined. Q. You were not before the Magistrate? A. No.
GEORGE BENBOROUGH . I am a porter at the Mersey-hotel, at Liverpool. At half-past five o'clock on the morning of the 4th of Sept., two persons arrived at the Hotel by the London-railway, in a rail way-carriage—the prisoner is one of them—the other was a stout, ruddy-complexioned gentleman, from forty-five to fifty years old I should think—one of them, I do not recollect which, asked me if they could have a private room to take breakfast in, also a place to put their luggage—I noticed none of their luggage except a heavy portmanteau of a dark colour, which I took on my shoulder—it was extremely heavy—I showed them to a private room—I afterwards heard the prisoner ask Mr. Home, the landlord, if he would give him notes for sovereigns—he could not do it, but desired me to show the prisoner to a bullion-dealer—I offered to go with him, but he declined going—he went out by himself—that was about nine o'clock—I did not see what became of his companion—I saw the prisoner again between ten and eleven—his companion was then with him—the prisoner asked me to take his luggage into the boat, to go on board the Britannia steam ship—took his things down—I do not recollect anything particular, but the port manteau—I noticed that, owing to the weight of it—I do not remember whether I took anything else or not—I put them on board a small boat, to take them to the Britannia—I saw the boat go out towards the vessel.
JOHN HEWITT . I am commander of the Britannia steamer—she was advertised to sail from Liverpool to America on the 4th of Sept.—we sailed about half-past two o'clock, that day—we had nearly one hundred passengers on board—I was not aware that the prisoner was a passenger for three or four days—I saw an elderly gentleman, a stout man, with a ruddy complexion, in his company—he appeared about forty-four or fortyfive years of age—they both went by the name of Ellis on board, and passed as uncle and nephew—the prisoner called the other man his uncle—I landed them at Boston, on the 16th of Sept.—the prisoner is the man who came in my ship in the name of Ellis.
JOHN FORRESTER . I am chief officer of the City of London, stationed at the Mansion-house. I received a warrant for the apprehension of two persons, named Burgess and Elder, and, in consequence of instructions, ac companied by Mr. Bord, from the Bank, I proceeded to America—I arrived at Halifax, and traced the parties from one place to another, till I arrived at Boston, where I found a person answering to the name of Elder—he was going by the name of Ellis there—on the 31st of Oct. I got into the house where he was lodging, and awaited his arrival, and on his coming home, about one o'clock in the day, 1 apprehended him—I told him I had a warrant against him, and showed it him—I said, "Your name is Joseph Elder "—he said, "It is"—Mr. Bord saw him, and recognised him as soon as he came in—after placing him in a place of security, I searched his lodging, and found 400 sovereigns in this black portmanteau, and some clothes in a cupboard, which I did not take away then—the portmanteau I brought away directly—I found in it some cards, with the name of Ellis on them, and a plate with it—these are some of the cards, and he had some of them on his person—I found letters in the portmanteau addressed to him in the name of Elder, and this discharge under the Insolvent Act—I
brought some linen here, which is marked "J. E."—I took him before a justice, and proceeded with Mr. Bord and officers from Boston, in search of the prisoner, to Nahant, which is a small peninsula, I think, about fourteen miles from Boston—there is an hotel there—I went to the hotel—the American officer who was with me showed himself at the hotel—I did not see the prisoner there—I stopped there all that night, Thursday, the 31st, and part of the next day—I was about different parts of the island on Friday, and on Friday night I returned to Boston—before that, I saw this carpet-bag at the hotel at Nahant, and left it there—on Saturday I went to a place called Brewsters's Island, which is up the river, about eleven miles from Boston—I had an American officer with me—I went to a kind of wooden hut, or cottage there, and found the prisoner there—he knew me before, and I was acquainted with his person—the officer went in first—I followed, and the prisoner was by the fire—at that time he was without whiskers—when I knew him at the Bank I think he used to wear a little whisker, but I am not positive—I went up to him, and he said to me, "How are you, John?"—I said, "I am very well, but am very sorry to see you in such a situation"—he said, "So am I, but it can't be helped now, old fellow"—we came away together in a boat, and in the boat he asked, "Where Is Elder?"—I said he had made away with himself, which was the fact—I knew it from what I was told—I did not see him dead; he was buried when I came back—the prisoner said, "Well, I think he is a fool for that, he might as well have seen it out"—I searched him, but found nothing particular—I found some bags at Nahant—I brought the prisoner to Boston—he was locked up, and sent before a Ma gistrate on Monday morning—after the prisoner was secured I got the carpet bag from the hotel at Nahant—it is the one that has been' produced—130 sovereigns were found at Nahant, and handed over to me by the American officer—I did not see them found—after taking the prisoner before the Magistrate in America, he was entrusted to me to bring to this country—before I came away I obtained possession of 6,500l., which I brought over and delivered to the Governor of the Bank of England—I got it from Mr. Blatchford, agent for Mr. Freshfield, at New York—I had heard the prisoner say there was money in the Bank—he said the money was in the Merchants' Bank at Boston, and be should be very glad to sign it over, for the Bank of England to have it—I think that was before I had got it, but I do not recollect at what part of the transaction—I had no further conversation with him on the subject of the money—I did not go to Nahant with him—I brought him to Boston—I saw Mr. Blatchford long before 1 apprehended the prisoner—I had caused notice to be given about the money being taken—I went with Mr. Bord and a Judge Warren to the prison the prisoner was in, but what passed I do not know—I went to identify Mr. Bord as the gentleman representing the Bank of England, and after that I received from Mr. Blatchford the 6,500l., which I brought to England with the 400 and 120 sovereigns.
Cross-examined. Q. You were examined before the Lord Mayor? A. Yes—I believe I did not speak there of any conversation.
ERNEST SHARP . I am a clerk in the Consol-office, in the Bank of England; my department is to post the ledger. (Looking at the transfer of the 6,305l.,) I posted that; here are my initials—I have the ledger here—that sum appears posted in the ledger to the credit of George Shum Storey, John Petty Musprat, William Cotton, and Matthew Whiting—I
also debited William Oxenford with that amount—(the transfer-ticket, the forged transfer, the stock-receipt, the check for 8,000l., and the eight Banknotes, were here read.)
(William Goodrich, painter, 21, Great Ormond-street; Alexander Maisters, keeper of an ale and stout-house, Mile-end-road; and William Parish, lodging-house-keeper, Great Ormond-street; deposed to the prisoner's good character.)
GUILTY . Aged 23.— Transported for Life.
OLD COURT.—Friday, December 20th, 1844.
First Jury, before Lord Chief Justice Tindal.
213. WILLIAM HILL was indicted for burglariously breaking and entering the dwelling-house of Charles John Chitty, about one is the night of the 9th of December, at St. Mary, Islington, with intent to steal, and stealing therein 1 waistcoat, yalue 18s.; 1 pair of boots, 6s.; 3 handkerchiefs, 5s. 6d.; 1 jacket, 18s.; 1 gown, 1s.; 40 cigars, 2s., 6d.; 1 cigar-case, 6d.; 1 bell, 6d.; 29 skeins of silk, 2s.; 6oz, weight of beads, 3s.; 9 spoons, 4s. 6d.; 1 pair of sugar-tongs, 1s.; 1 tin box, 3d.; loz. weight of pins, 1d.; 1 yard of linen cloth, 3s.; 1 yard of muslin, 1s.; 1 button pattern book, 6d.; 1 sheet, 5s.; 2 shirt bodies, 9s.; 2 shawls, 8s. 6d.; 1 wash-stand, 12s.; and 3 pieces of copper coin, 3d.; his goods; and 1 bird-cage, 7s., the goods of James Harris: and that he had been before convicted of felony.
CHARLES JOHN CHITTY . I keep a beer-shop, and live in Suttoo-gardens, Chalk-road, in the parish of St. Mary, Islington On Monday, the 9th of Dee., my wife was up last in the house—I fastened the cellar, bar parlour, and other doors, when I went to bed, which was about free minutes past twelve o'clock—my wife and I retired into our bed-room together, but she returned into the bar parlour for some wearing apparel which she had left behind her—the house is all on the ground-floor—the cellar door was fastened by an inside bolt—there is only that one opening to the cellar—about half-past twelve o'clock we heard some kind of a noise, such as a waiter having fallen from a window—there was a waiter standing inside a window close to the cellar door—the two bottom squares of glass in that window had been broken, and, as a substitute for them, two wooden squares were nailed up—a little after seven in the morning my wife got up, went into the bar parlour, came back, and gave me an alarm—I got up, and found the place had been robbed—the cellar door was partly open, the bar parlour door was partly open, likewise a door leading to the passage—I found the wooden squares removed from the places where they bad been the night before when I went to bed—I do not know what had become of them—I have not seen them since—it is not a window that opens, but a fixture—a portion of the brick-work of the wall of the cellar had been broken away before this, quite sufficient for a person of the pri soner's size to get through—it had been done by the brewers at the time they bad put the barrels into the place—they had shaken the wall, or rather broken it away—that is the side-wall leading into the garden—the person might have got in by that hole without breaking anything—I found about three or four bricks rather shaken, in addition to the former place—I
am quite positive I had shut and bolted the cellar door overnight—I mined a jacket, waistcoat, shoes, and a watch-stand, all from the bar par lour—four drawers had been ransacked, two boxes opened, and things pulled out of a basket—the drawers contained linen principally, which my wife can give an account of—I have known the prisoner, by him frequenting my place for about five months—he has not come for the pur pose of drinking, but merely coming in and sitting down—the first time I knew him was when he had a little job in plastering—he is a plasterer—he was there on the Monday the whole of the day—when I fancied he has been out of work I have been in the habit of giving him something to eat, seeing him silting by himself.
CATHERINE CHITTY . I am the prosecutor's wife. I went to bed on Monday night, the 9th of Dec.—I afterwards left my bed-room, and went to the bar parlour for something—I returned again to my husband—I latched the bar parlour door as I came out—there is no lock on it—no one else was up in the house at that time—I left the cellar door as it was—I got up a little after seven o'clock in the morning—I was the first person up—I found everything in confusion, all the drawers, and the cellar and bar parlour doors open—almost everything was taken out of the drawers, and taken away—one large table-cloth and one pair of stockings, which bad been taken out of the drawers, I found on the floor—I missed some table napkins, pillow cases, some silk handkerchiefs, a small shawl, and some white sewing silk wrapped up with it, and two shirt bodies not made up; half-a-dozen German silver spoons, two salt-spoons, sugar-tongs, and about a quarter of a pound of cigars—they were all in the bar parlour—I also missed a bird and cage belonging to James Harris, and my husband's shoes, jacket, and waistcoat, which had been in the bar parlour the night before.
SAMUEL HENRY BESANT . I am assistant to Mr. Button, a pawnbroker, in John-street, Edgware-road. The prisoner came to our shop on Tues day, the 10th of Dec., about twelve o'clock in the day, and pledged this watch-stand and waistcoat, for 3s. each—I had seen him before, and am positive he is the person.
JOHN CHAPLIN (police-sergeant D 7.) I took the prisoner into custody on Thursday morning at his lodging, No. 17, Cambridge-place—I told him I wanted him for a burglary committed at the Carpenter's Arms beer-shop, at Islington—he said, "I know nothing about it, I have not done it"—after taking him to the station, I returned to his lodging, and found there this bird and cage, this jacket, beads, cigars, and six German silver tea spoons.
MRS. CHITTY re-examined. This watch-stand is the one my husband had, and this waistcoat is my husband's—I know it by the pattern—my husband has got a piece of it in his pocket—these spoons are mine—this bird and cage belong to Harris—I know the cage by the egg-cup that is in it—there was a bit of something pasted round it, because it was too small for the place—the spoons have no private mark on them, but I lost some of the same sort, and know them to be ours.
JOSEPH WALKER (police-sergeant D 5.) I produce a certificate of the prisoner's former conviction—(read—Convicted of larceny, after a pre vious conviction. Confined six months.)—I am sure the prisoner is the penon—I heard him tried first in Sept., 1842, at this Court, for stealing a trowel; and again in 1843, when I proved a previous conviction against
him—I heard sentence passed upon him—I did not see him when he was undergoing his punishment, but I have seen him several times since he came out, and am sure he is the person.
GUILTY .* Aged 30.— Transported for Fourteen Years .
214. MICHAEL NOON and JOHN SUTTERS were indicted for feloniously breaking and entering the dwelling-house of William Murray, on the 24th of Nov., and stealing therein 1 leather case, value 1s.; I lan—cet, 1s. 6d.; 2 tooth-keys, and handle, 6s.; 4 claws, 3s.; 1 tooth-punch, 2s. 6d.; 2 pairs of tooth forceps, 5s.; 2 dividing files, 1s.; 1 hat, 5s.; and 1 coat, 10s., his property.
MR. COBBETT conducted the Prosecution.
WILLIAM MURRAY . I am a chemist and druggist, and live in Hand—court, Bedford-row. On Sunday evening, the 24th of Nov., about eight o'clock, I was sitting in my parlour, which is over my shop, and heard the bell of my shop door strike—it is an alarm-bell, so that I may ascertain when any one enters the shop—I went down and found the prisoner Noon in the shop—he asked for 1d. worth of peppermint lozenges—he after—wards changed it for liquorice—he paid me 1d. for it, which I placed in the till with other copper, and closed it—I did not lock it—it is a drawer—at that time I had a roll case of tooth-instruments in the till, and one or two other cases—there are three partitions to the till, and the tooth instru—ments were in the back partition—I am sure they were in the till when I put the penny in—after Noon had paid me the penny for the liquorice, he left the shop, and shut the door—he remained in the shop till I had shut the till—I have another door to the shop, but it opens at the back part, behind the counter—that is the door I had come in by from the upper room—it leads on to the head of the kitchen stairs—there is a way out of that passage into the street by a private door—there is one street-door which opens into a small square lobby about four feet and a half square, on one side of which is the shop door, in the centre is the door opening into the house, and the opposite side is occupied by the front shop—there is only one street door—the customers come in through this little lobby—the same street door would take me up into my upper room—the pri—soner's appearance created a suspicion in my mind, and when he had gone out I walked to the shop door to examine whether the alarm-bell was cor—rect—I pushed my hand against the door, and saw that it was perfectly closed—I then went to my upper room again—I had a friend there—we were rather merry, and speaking loud—I found after sitting for about two mi—nutes, that I had not closed my room door—I immediately rose, walked short across the room, and shut it, and I suspect that gave the parties is the shop the alarm—within five or eight minutes after that I heard my shop-boy come into the lobby—he has heavy boots, and makes a great noise coming in—he would come in through the shop door, and not hear—ing the shop-bell ring, I suspected there was something wrong—I came down, and at the foot of the stairs I put my foot into a hat—I do not know whose it was—it was not my boy's—he was in the passage when I came down—I went into the shop—there was no one there—I saw the till standing as wide open as it could be pulled—I looked into the back par—tition, and missed the case of tooth instruments—the others were left—I missed nothing more at that time—on the following Tuesday I missed a
hat and great coat which I had seen on the Sunday morning—the great coat was hanging over the back of one of the shop chairs, and the hat' was on the top of a glass-case in the shop—it was a hat and coat that I very seldom used—I had not seen them after Noon came—I have never seen them since—I saw the case of instruments on the Tuesday morning fol—lowing, at Featherstone-street station—I had notice to attend there, and the policeman showed them to me—these now produced are them—this is the case which I had in the till.
Cross-examined by MR. MELLOR. Q. Did Noon say anything when he asked for the lozenges? A. Yes, he asked me whether they were good for a cough—I should know, by the sound of the alarm-bell, that some one was entering the shop—it always acted—there is a bolt attached to it, and if that is down it will not strike—I can swear I saw this case of in—struments at the time I opened the till to put the penny in—the others were small scaling instruments—these were at the top—mine is an ordinary counter—it is three feet broad, and the top of the till is about four inches below the level of the counter—it would not be a difficult thing for a man to reach over the counter, and open the till—I sometimes do it myself, and very easily—I am not aware that I ever saw Noon before—I heard the bell ring, just previous to my going down stairs—I went down immediately—the bell rings before the door is opened four inches—it is not a large shop—I can take the whole of it in at a single glance—there was no one in the shop but Noon—he had a body coat on, I am pretty confident, something tied round his throat, and his hands in his trowsers' pockets—it was rather a cold night—he had no great coat or cloak on—he had a hat on—it was about ten minutes after my going up stairs again that I heard my boy come into the lobby—I distinctly remember" shutting the till—there are two doors that give entrance to my shop—the door by which I enter my shop was standing open when I came down, but there is a door inter—vening between that and the street, which was locked—that is a door for the house, and I found that open when I came down again—the boy could not have opened that from the outside—there is but one key, and I had that—I had passed that door ten minutes before, and it was shut then—it must have been opened from without, some time within that ten minutes or a quarter of an hour.
MR. COBBETT. Q. The door leading into the back part of the shop was open, you say? A. Yes—it generally stands open, in order that I may hear the bell—no other door was left open.
COURT. Q. How many doors are there from your house into the street? A. Only one—that stands open all day—when you enter that door, my shop door is on the right, and fronting you is the house door, opening into the passage—that door is generally shut—my shop door is a whole door, with plate-glass in the upper part—there is another door out of the shop, communicating with the house—that is the one I came through when I came into the shop to Noon—the stairs I came down are inside the street door—the inner door at the foot of the stairs was kept shut and fastened with a lock—it was fastened that night, but when I came down stairs it was wide open—there is a keyhole to it—when you get in at that door you can get into the shop by the back door.
JOHN JENKINSON (police-constable G 53.) On Sunday night, the 24th of Nov., about half-past eleven o'clock, I saw the two prisoners, with four others, in Old-street, St. Luke's—I watched them into a public-house
there, and remained outside till they came out, which was at five minutes past one in the morning—I knew the whole of them before—I seized the two prisoners by the collar, and took them into custody—I observed Sut—ters put his hand behind him to his coat pocket, and saw him throw some—thing away—I watched the articles that flew from his hand, and observed this skeleton key and a knife, with something just about the size and colour of this case of instruments—the handle of the knife being white, I was enabled to see where it fell, but the case of instruments I could not—I did not wait to look any further, for there being such a number of thieves about there, I was fearful of a rescue—I picked up the knife and key, the case I did not—at the time I picked up the knife and key I had hold of the two prisoners—I was afterwards obliged to let go of Noon—I still held Slitters—he again put his hand behind him—I instantly seized his wrist—he opened his hand, and something fell to the ground—I picked it up, and found it to be this bag, containing five pick—lock-keys, one skeleton-key, and one latch-key—he made a determined resistance, and his hat fell off—I took him to Featherstone-street station—I afterwards proceeded to a street in the Vinegar-ground, a locality where thieves and prostitutes live, and on a wall in the rear of some pre—mises I observed Noon—that was about three or four minutes'walk from where I had found them—he again made his escape from me—I saw him in custody at the station about nine the same morning—I went with Davis to the place where I had seen Sutters throw away the things, and pointed out the spot to him.
Cross-examined. Q. I believe there have been other parties beside the prisoners charged with this offence? A. There were two others taken into custody at the same time and charged—this place in Old-street is perhaps a mile, or a mile and a half from Hand-court—four person besides the prisoners came out of the public-house, the same parties that went in with them—when they came out they stopped for a particular purpose—it was then that I went up to them—they had no chance to ran away—they could not—I had hold of them by the collar—they did not attempt to run away when they saw me—when I took them by the collar, Noon showed a disposition to resist—I was observing what Sutters did—I did not "study" Noon's fist at all—he was not making any struggle, merely shaking his fist in my face, and saying, "Let go, you b—"—I thought it was only a little subterfuge on his part to draw my attention—it was a very fine night—it did not rain—I cannot recollect whether it was very light—the stars might have been out, and the moon might have been shining for what I know—I cannot recollect—I could dlstin—guish a person's features five yards off, so as to know them again, if they were anywhere near a gas-light—there are a great many gas-lights just there—I believe I could distinguish a person's features ten yards off at that spot—I could see what Sutters had in his hand at the time he was throwing it away, and I believe it was this case—I could not tell, because I had hold of his collar at the time—he was close to me—I saw him throw his hand out, and throw something from it—I saw the key and knife in his hand, and this case was with it—I watched the knife pass through the air, and till it fell to the ground—I picked it and the key up instantly, in two or three seconds—I let go of Noon while I picked it up and he gave a bolt and ran away—I had another officer with me, but he had gone to the station with the other two men.
WILLIAM DAVIS (police-constable G 143.) On Monday morning, the 25th of Nov., I was on duty in Bath-street, City-road, and about a quarter past one I found a hat nearly opposite the Red Lion, under the madhouse wall—I also found this case of instruments lying close to the hat—I took the hat to the station immediately, and it was claimed by Sutters as being his property—I gave it to him—Jenkimon afterwards went With me and pointed out a spot near the madhouse wall—it was the exact spot where I had found the hat and the instruments.
Cross-examined. Q. About how many yards from the hat was the ease of instruments? A. Close to it—they were lying close together under the wall.
MR. MELLOR called—
THOMAS SHIEL . I reside in Paul-street, Finsbury, and am a dealer in building materials. My sister keeps a beer-shop, and I look after it for her—on Sunday evening, the 24th of Nov. last, the prisoner sutters came to our house about half-past five o'clock, and stopped till about eleven o'clock—I remember the time he came, because we usually open at five o'clock; and as soon as we had opened, and got ready for tea, he came in—he had used the house for some time—I know he stopped till eleven o'clock, because we usually close the room at eleven o'clock on Sunday evenings, and get to bed soon—I am certain he did not quit the house between those hours—I was in the house myself—I serve up stairs, and no one else serves there but me—I will swear he did not quit my sight between half-past five and eleven o'clock—he might just have gone down stairs.
MR. COBBET. Q. You live at this beer-shop with your sister? A. Yes—we have kept it about seventeen months—Sutters has used the house about nine or ten months—he has come there of a night to have a pint of beer—I have never seen Noon there, to my knowledge—Sutters has been there at times with persons—I never take particular notice who parties come in with—it is not my business, as long as they conduct themselves properly while they are in my place—he has been there with other per—sons—I cannot say whether they were his companions—I cannot say whether he had been there on the day before this—I am generally out all day on Saturday, in fact every day—I am only at home a little of a night—he was in the up-stairs room on this evening—it U a sitting-room, where we have a little bit of a concert of a night, and on a Sunday even—ing a few friends meet there to spend their time—I do not know about do not being his friends—they get acquainted with one another there—we do not have music on a Sunday evening, nor any dancing—there are men and women there of course—a man may come with his wife, and have half a pint of beer—I do not allow prostitutes to come to the house—if I see a had character, man or woman, come to my place, I tell them to walk out, or I will give them in charge—I do not exactly inquire into their cha—racters, but as soon as I find they are bad characters it is my duty to torn them out—I never discovered that Sutters was a person of bad character—I believe he is not—I do not exactly say he is a good character, or a bad character—I do not know what he is—I do not know anything of his cha—racter.
Q. Have not the police frequently visited your house, and taken people from it? A. I believe about once—I will not swear it was only once, they have not frequently done so since we have had it—about once, and
not more, to my recollection—I would not swear it, because very likely people may come when I am out, and I may not hear anything about it—I have never heard that that has happened many times—it has happened once when I was there—a policeman called me to the door and said, "I believe there is a party up stairs I want"—I said, "Very good, I shall be obliged to you to come up," and he came and took him out—I deal in building materials—my partner and I have a timber yard in Wbitecross—street—we buy old materials, or anything—it is not a marine-store shop—I go to sales, and buy what I think is worth my money—I do not buy old iron, or things of that sort, only wood and bricks and fittings—Satters did not go up stairs directly he came in on this Sunday evening—he was down in the tap-room at first—I was there at that time, and my brother was stairs there with me, nobody else—it was about half-past five o'clock—he stayed in the tap-room, I suppose, till it was getting on towards seven o'clock, then he went into the up-stairs room, and there he sat till about eleven o'clock—we went into the bar to our tea after he came in, but he stopped in the tap-room, and about seven o'clock a few more friends came in, and they wished to go up stairs—the bar is close to the tap—my mother and sister were in the bar—I left Sutters in the tap-room alone when I retired into the bar to tea—I went in to tea directly after he came in—two or three friends came into the tap-room while Sutters was there—one was a friend of my brother's, and the others were neighbours that come to the house—I cannot say who they were—I cannot recollect the name of my brother's friend—I did not keep my eye on Sutters all the time I was at tea—I cannot exactly say who went up stairs first after tea—I went up first to light the gas—that was about five minutes before seven o'clock—I remained there till the people came in, and then I waited on them—they came up directly after I got up, about five minutes after—Sutters and several others came up—I was up and down stairs waiting—I took the order for what was wanted, and brought it up—they ordered a pot of stout for three people together, a friend of my brother's, another one, and the prisoner, the party that had been down in the tap—I stopped with then a few minutes, and then came down again and went to the bar—I went up again when other persons came in—I suppose twenty or thirty per—sons came in that evening—they were drinking and smoking, and so on—I waited on them—when anybody wanted anything I went down and got it—I stopped up in the room till they wanted something else—my brother is not here, nor my sister or mother—my brother's friend is here—he has something to do at the theatres, the same as my brother—he is at the Olympic—I do not know what he is there—we have a clock just facing the bar.
CHARLES MERRYWETHER . I am employed as a dancer in the ballet at the Olympic theatre, and reside at No. 34, Appleby-street, Pearson-street, Kingsland-road. On Sunday, the 24th of Nov. last, I left my residence before seven o'clock, and went to a friend's house about ten minutes' walk from where I live—I got there about five minutes to seven—it was to the King's Head—I took notice of the clock as I came out of my own house—I remained at the King's Head till eleven o'clock—I saw the prisoner Sut—ters there when I first went in—he was in the tap-room, and I saw him there all the evening till eleven o'clock, except leaving the room for a minute or two at the time, or it might be three or four minutes—I think he remained in the lower room about an hour—we generally go up into
the upper room on a Sunday evening—there is more company there—he never left the room beyond three or four minutes.
MR. COBBETT. Q. When first you got to this place you found the prisoner down stairs? A. Yes—we went up stairs perhaps in the course of an hour after—I cannot say exactly the time—we all went up stairs together, all that I found in the tap-room—I found the prisoner and one or two more there when I went—I did not take particular notice who—they were parties that frequent the house—I do not know who or what they were—there might have been three or four persons—I cannot say how many went up from the tap into the upper room—I did not notice how many were in the lower room—the whole of us went up stairs—there might have been a dozen—the prisoner was among them—I do not know whether Thomas Sheil went up with us—he was going up and down for refreshment and so on—I found one or two parties up stairs when I got there, two or three friends together—they had not been in the lower room I believe—I did not see them come up, and had not seen them below—there were three or four—I had heard some parties come in, but did not notice who they were, and I suppose it must have been them—the gas and fire was alight—I did not notice whether Sheil was there when 1 got up—I had spoken to him in the bar I think—the bar is before you get to the tap-room—when I first entered the house I stood at the bar, and spoke to Sheil—I said, "Good evening," or something—I think his mother was in the bar—I spoke about the weather, or something of that sort—I am sure it was Sheil, the landlord, I spoke to—he was not employed about anything par—ticularly, merely waiting there for anybody to come in—I cannot say posi—tively whether his mother was there—I took no particular notice—I go into the house frequently, and do not notice things of that sort particularly—it is not like a strange house—I spoke to sheil, and I think I saw his mother—he was standing about promiscuously, waiting for anybody to be served—tea was over I believe—I saw no tea thing—I can not call to mind whether his sister was there—I do not exactly know whether I saw his brother that evening—I thing I saw him at the latter part of the evening, towards ten o'clock—he is my particular friend—I merely go there to see his brother—I am intimately sequainted with him—I do not know sheil himself, no more then keeping the house—I did not see the brother before ten o'clock—I do not exactly know when he came in—he might have come in before—I did not find him there when I first got there—I found three or four parties there—I staid about an hour town stairs, and at the end of that time, when the company got to about a dozen, we all went up stairs together—we generally go up there of an evening—it is more comfortable than the tab-room—we found it lighted up, and three or four persons there—sheil's brother is in the ballet at Drury-lane theatre—Sheil's is a respectable house—I know nothing of any wrong conduct going forward there—it is like most other houses of that description, I suppose, a beer-shop—I never saw any dancing there—I have seen females there, respectable looking females—I never was insulted in the house—it is not my business to inquire into the characters of the persons—I have known Sutters above a twelvemonth—I do not know what he is—I merely know him by seeing him in there, passing the time of day, and making any re—mark of that kind—he always behaved civilly to me, and I always saw him conduct himself with propriety—I have seen him speak to two or three persons there, who I should suppose knew him.
MR. MELLOR. Q. When you got there it was about seven o'clock? A. I came from my residence at twenty minutes to seven, and it is about ten minutes' or a quarter of an hour's walk—I did not take particularly heed of the number of persons I met there on the night in question—it is sheil's brother with whom I am acquainted—I comparatively know very little of Sheil himself, but I believe him to be a respectable person.
NOON— GUILTY . Aged 19.— Confined Twelve Months ,
SUTTERS— NOT GUILTY .
213. BENJAMIN EWEN was indicted for stealing, on the 12th of Feb., at St. George's, Hanover-square, 12 forks, value 7l., the goods of Charles Cox, in the dwelling-house of Richard Henry Cox; to which he pleaded
214. BENJAMIN EWEN was again indicted for stealing, on the 28th of May, at St. Marylebone, 1 tea-pot, value 6l., the goods of Charles Gordon Lennox, Duke of Richmond, in his dwelling-bouse; to which he pleaded
GUILTY . Aged 52.— Confined Twelve Months
215. MARGARET DAVISON was indicted for stealing, on the 14th Dec., 3 gowns, value 2l. 16s.; 3 sheets, 1l.; 4 yards of diaper, 3s.; 1 quilt, 2s.; 2 pairs of ear-rings, 14s.; 1 brooch, 5s.; 1 ring, 7s.; 1 pillowcase, 1s.; 1 table-cloth, 18s.; 1 blind, 9d.; 1 sovereign, 1 half-sovereigin, and 1 half-crown, the goods and monies of George Reis, in the dwelling-house of James Bruce and others.
GEORGE REIS . I live as porter at No. 34, Abchurch-lane. It is a house of business, in which several gentlemen have offices—on Saturday evening, the 14th of Dec., about a quarter to five o'clock, I was going up stairs from the bottom of the house, and heard a noise proceeding from the third floor back-room, and upwards to the attic—I proceeded up to the third floor, and looked into the bedroom, which is occupied by myself, my wife, and family—(we live in the kitchen, on the second floor)—I then heard a rustling noise, as if some one was making a quick retreat into the attic, and' on opening the attic door I found the prisoner there—before I spoke, she said, "It is me, sir"—I had never seen her before—I asked how she came there, or what brought her there—she said she came a few, or three miles west—I interrogated her a long time, but could get no information formation from her—I found in the attic three linen sheets, one pillowcase, a table-cloth, three gowns, and a child's diaper pinafore, which were my property, bundled up together in a wrapper belonging to the prisoner—they had been taken from my bedroom—the house belongs to Mr. James Bruce, Buxton, and Co.—there are three or four partners—they transact business there—one other gentleman occupies one room on the first floor—all the upper part is private, and is occupied by myself—a clerk sleeps in the house—I am there as the servant of Mr. Bruce—he pays me—Mr. Buxton, one of the firm, put me into the house—I am keeping the house for them—the room in which this property was found is occupied by me as a bedroom—the door of my bedroom is generally left on the latch.
Prisoner. When I went up, the room door was standing open, and the
things laid on a chair; I picked them up, and he caught me on the stairs; he said before that I took a work-box.
Witness. I caught her in the attic—when I opened the door, she stepped forward from the far corner, where the bundle was, and said, "It is me, sir"—the workbox was removed from the drawers on to the tab, and the front end of the table cover was thrown over it—with the exception of the work-box, all the things had been in drawers.
JOSEPH HUGOETT (City police-constable, No. 484.) I was fetched by Reis, who said there was a female in his house—I proceeded there with him, and found the prisoner in the attic with this bundle of clothes—I took her into custody—I found a quantity of duplicates about her, all relating to wearing apparel.
Prisoner. I belong to Newcastle. I came up by the steam-packet, and as I came out, I had my pocket picked of 9l. 10s.; I pawned all my things; I was hungry, and finding this door open, I went in to see if I could get something to keep me from starving; the duplicates are for my own clothes, which I brought from Newcastle with me.
GUILTY . Aged 20.—Recommended to mercy.
216. MARGARET DAVISON was again indicted for stealing, on the 3rd of Dec., 1 scarf, value 2l.; 1 shawl, 1l. 10s.; 1 ring, 7s.; 3 collars, 3s.; 2 aprons, 2s. 6d.; 1 purse, 3s. 6d.; 5 handkerchiefs, 4s.; 1 veil, 2s.; 3 neck-ties, 3s. 6d.; 1 fan, 1s. 6d.; 3 pairs of gloves, 2s.; 1 pair of mittens, 1s.; 1 pair of cuffs, 5s.; and 5 neckerchiefs, 2s. 6d.; the goods of Elizabeth Collins.
ELIZABETH COLLINS . I am single, and, reside at No. 14, in the Poultry, with my brother, who is a miniature painter. On the 3rd of Dec., about seven o'clock in the evening, on going into my chamber, I observed my drawers open, and one quite empty, from which I missed the articles stated—I had seen them safe a few hours before—I saw some of them again on Saturday the 14th.
Prisoner. I brought the scarf and shawl with me, from Newcastle, and can swear to them, for there is a grease mark on them; the things are all my own; I brought them from Newcastle with me.
Witness. The prisoner is quite a stranger to me—our street-door is kept open from nine in the morning till six in the evening—any person going up stairs would find the door of my chamber.
WILLIAM PARMENTER . I am in the service of Mr. Cattell, a pawnbroker, in the Borough-road. On the 7th of Dec. the prisoner pledged two shawls, as they are called in the ticket—I produce them—I had never seen her before, but am sure of her.
ROBERT HOWARD . I am in the service of Mr. Lill, a pawnbroker, in Blackman-street, Borough. On the 5th of Dec, this ring, which I produce was pledged for half-a-crown, I believe by the prisoner, but I cannot swear to her.
MISS COLLINS re-examined. This shawl and scarf are mine—I have no particular
mark on them, but I know them—I have had the scarf three years—I have not worn it often, but I have here a piece which was taken from it because it was too long, and it just agrees with the length, colour, quality, and also the pattern of the border—it was cut from this end, and I fresh hemmed it—sewed the border on again—I have no particular mark on the shawl, but I am confident it is mine—I can swear to it by the pattern—I have had it four years.
Prisoner. They are both mine.
Witness. I can see the seam where I fresh sewed it, and the border exactly agrees with it—this is the ring I missed—it is a gold wedding. ring, which belonged to my mother—I have had it twelve years—I cannot swear to it, but it has a bend in it—it was in my possession up to the evening in question.
JOSEPH HUGGETT (City police-constable, No. 481.) I took the prisoner into custody, and searched her lodging, No. 9, Nag's Head-court, Clements. lane, Lombard-street, where she had been lodging for more than a week—I there found these three collars—at the station-house she gave me twelve duplicates—one is from Newcastle, and one from Hull—they are for wearing apparel—I have found that two of the duplicates refer to some articles stolen from a party in Nicholas-lane, but they refused to interfere.
MISS COLLINS re-examined. These collars are mine—I know them by the pattern and the lace—I have had them for some time—I put the lace on myself.
Prisoner. That collar is my own; I paid 4d. a yard for the lace; I made this from a white apron which I brought from Newcastle with me.
Witness. She has made this habit-shirt from a muslin window-blind she took with the rest of the articles, and the collar she has put to it—the window-blind had been in the drawer.
Prisoner's Defence. These habit-shirts are my own, and I bought the collars at Newcastle; I have no witnesses; I am quite a stranger here, and a poor friendless child.
GUILTY . Aged 20.— Transported for Seven Years .
217. GEORGE CHERRY and JOHN KEMP were indicted for burglariously breaking and entering the dwelling-house of James Lamb, about the hour of two in the night of the 19th of Nov., at St. Matthew, Bethnal-green, with intent to steal, and stealing therein, 6 shawls, value 15s.; 4 gowns, 2l.; 2 shirts, 2s. 6d.; 3 handkerchiefs, 2s.; 2 pairs of trowsers, 6s.; 1 necklace, 1s.; 1 apron, 6d.; 2 forks, 2s.; 1 cloak, 2s. 6d.; 1 yard of velvet, 1s.; 1 bedgown, 2s.; 2 shifts, 8d.; 1 petticoat, 1s.; and 1 pair of stays, 1s.; the goods of James Lamb: 1 coat, value 15s.; 1 pair of boots, 10s.; and 1 pair of shoes, 5s.; the goods of James Lamb, the younger: and CHARLOTTE KEMP , for feloniously receiving the the same, well knowing them to have been stolen: and JAMES DURELL , for feloniously receiving 1 shawl and 1 pair of trowsers, part of the said goods, well knowing them to have been stolen.
JAMES LAMB . I keep a chandler's-shop at No. 33, Somerford-street North, Bethnal-green. On Tuesday night, the 19th of Nov., or Wednesday morning, the 20th, we retired to bed about one o'clock—I fastened up the front of the house, and told my son to fasten up the back—my wife was up at the time—we all three went up stairs together—just before seven in the morning, a young girl, who comes to nurse the child, knocked at the door—I let her in at the side door, and went up stairs again to finish dressing—she told me the gates of the shed were open—I went down, and went into the shed—my wife followed—my son came down, and missed his boots and shoes and coat—I found the gate of the shed a
little way open—it adjoins the house—there is a door from the shed into the kitchen—it is a kind of back kitchen—the gate of the shed leads out into the street at the side of the house—they are large folding gates, fit for a cart to go through—they are large boarded doors, not open gates—they were shut orernight—we went into the back room, and found a quantity of things gone—I went to the station-house, and gave information—I missed six shawls—one has since been found, and a pair of trowsers which had been left with me as a security for some goods—those are the only two things I have seen again—I thought I saw the shawl on the prisoner Charlotte Kemp's back on the Sunday night week afterwards, but not being positive then, I said nothing—I recognised it on the Monday after; the woman that owns it said there was a stain in it—the trowsers I saw again about a fortnight after the robbery—I knew them again—the policeman and I went into a shop in Horseshoe-alley, Long-alley—the man produced a few things there, and among them was these trowsers; and no sooner did I see them than I said they were mine, and part of what I had lost.
Q. Can you at all tell how the house had been entered? A. There was some brickwork cut away at the side of the door which leads from the shed into the kitchen—some one might have put their arm through there, and undone the bolt—I could not put my arm through, but a smaller person might—my son has since done it—they could then pull a bolt and undo the door—they must have first got into the shed—how they got into the shed I cannot at all account—that was the only place found broken—on the Friday after the robbery, a little boy of mine was playing, and saw two pairs of shoes in my yard, at the back of the shed where we dry our clothes—he brought them in to his mother, and when I came home he showed them to me—I had information that two match boys had committed the robbery, and about the Friday week after I went to Mr. Sutton's lucifer-match manufactory, and produced the shoes to a young man who worked there, which led to the apprehension of Cherry and kemp.
Cherry. He said at the office that he lent sixpennyworth of bread and butter on the trowsers, how can he swear to them?
Witness. By two or three darns behind, as well as under the crutch—I saw them about a week previous to the robbery—I had never worn them.
Kemp. Q. Can you bring forward the man that owns them? A. I do not know him; he was a stranger to me—I took them as a pledge for the payment.
JAMES THOMPSON . I live at No. 1, in the Dog-row, and am in the service of Mr. Sutton, a match-maker, in Essex-street, Bethnal-green. The prosecutor brought me two pairs of shoes to look at one Saturday; I do not know the day of the month—I had heard of the robbery, and I believe it was about a fortnight after—directly I saw the shoes I knew them, and told him that one pair was Cherry's, and the other Kemp's—one pair was high in front and at the back, and the other pair was worn down at the heel—Cherry and Kemp have worked with us, and I have seen them on their feet—these are the shoes—these are Cherry's, and these are Kemp's worn down at the heel—I do not know whether they have been tried on them since.
is my shawl—I left it with Mr. Lamb, about three months ago, as a ✗ curity for two quartern loaves which he furnished me with—I know it by a darn at the corner.
WILLIAM DAVIDSON DAY (police-constable K 74.) I went with Thompson to look for Cherry and Kemp, on Sunday morning, the 1st of Dec.—I took Cherry into custody in Petticoat-lane about half-past eleven—I told him he need not say anything unless he liked, but I was going to take him into custody, on a charge of breaking into Mr. Lamb's house, in Somerford-street—he said he did not have the selling of the things, that they were taken to Mrs. Kemp's house; that they got in by removing two of the tiles off the coal-shed, then they removed some portion of the brickwork from the side of the door-post, and Kemp put his arm through, and unbolted the door; that after they had taken the things, they took and buried them under the railway-arch at the back of Mr. Sutton's factory; and about a quarter-past seven, they gave a boy named Blaney a penny, to carry them as far as the Bethnal-green-road, where he would carry them no further, and that they then took them to Kemp's houseafter I had charged him at the station-house, on putting him into the cell, he turned round and said, "I do not see why Kemp should not be taken as well as me; for I had only 5s. of the money the things were sold for"—he then told me I could find Kemp at the Blue Ball public-house, in Long-alley, Moorfields—between ten and eleven o'clock the same night I went and found Kemp in bed—I told him he need not say anything unless he liked, for Cherry had said enough already—he said, that if Cherry had turned snitch, he did not mean to do it—I expect that means informer after I brought him down stairs, his mother, the prisoner Charlotte Kemp kissed him, and said, "Mind you don't do it," twice—I took him to the station-house in Arbour-square—on the following day, Monday, the 2nd, Cherry came to the cell-door at Lambeth-station, and said, that the shawl which Mrs. Kemp had on the day previous, and that morning, was one of the shawls that were stolen from Mr. Lamb's—(Mrs. Kemp was not by at that time; she was up at the Castle public-house)—he also said, that if it had not been for Mrs. Kemp and his mother, he should not have been in this trouble, and he meant to tell the whole truth about it—I then went up to the Castle public-house, where Mrs. Kemp, Durell, and two more were—Durell had then left the Castle—I called Mrs. Kemp out, and asked her what she had done with the shawl that she had on that morning—she said she had given it to her husband to pledge, and that he was gone down to the police-court to see whether the boy had had his hearing or not—she then went down with me to the Court, where Durell (who she is living with and calls her husband) was—I asked him where the shawl was that she had given him—he said at first that he had no shawl—he then said he had pledged it—I asked him where the ticket was, or where it was that he had pledged it—Mrs. Kemp then said, "Give it to him, for it is the only thing they have against me"—he then pulled off his hat, and this shawl fell from it—I then placed Charlotte Kemp with the rest—she said she had pledged the shawl, and taken it out again, but she had done it innocently—on the following Tuesday I found a pair of trowsers at the witness Dobbs', in Horseshoe-alley—Mr. Lamb was with me at the time, and owned them—I desired Dobbs not to say anything, or to give the trowsers up till he saw me again—on the following Thursday I took durell out of the Blue Ball public-house, and took him into custody—he asked me
if I had found oany more of the things—I said I had, a pair of trowsers—said he had a pair of trowsers at the chandler's shop up above—I told him I did not know how that come, for they were owned by Mr. Lamb as part of the property that was stolen from him—he then said he had bought them in Petticoat-lane for 14 d.; but he did not give any description of the person or name that he had bought them of—I then brought him to the station in Arbour-square, and after I had charged him, on his being put into the cell, he said, "They have got me, but they have not got any of the property but the trowsers, and that is the only thing against me"—when Cherry gave me the account of breaking into the house he said it was at about two o'clock al the 2nd, and that they had previously been to the Pavilion theatre together that evening.
Durell. Q. Why not take the trowsers when you first saw them, instead of leaving them for two days and a night? A. The case was remanded till the following Friday, and the reason I did not take you then was, because I should not give the witness the trouble to come up till the next examination, knowing that you were well known, and likely not to go away from the place—I had told Dobbs not to say anything about it, and I did not know that you would know I had found that trowsers—nothing was said at the office about your burning any tickets the tap-room.
GEORGE DOBBS . I am a chandler, and live at No. 3, Horseshoe-alley, Wilson-street, Finsbury. Durell came to me on the 25th of Nov., and brought me this pair of trowsers, which he left as a security for some goods which he had to the amount of sixpence—I considered they were of very little value—it would be a difficult matter to get sixpence on them—he said he gave either 14 d. or 15 d. for them in Petticoat-lanes—I afterwards them up to the policeman—I cannot say on what day—it might be a week or a fortnight after.
Durell. Q. How long was it after the policeman first saw the trowsers, that he got them from your possession? A. I cannot exactly say—I did not take notice—the business is generally transacted by my wife—it might be two or three days.
REBECCA CHERRY . I am the wife of Richard Cherry, who is a cap-maker, and live at No. 85, Wheeler-street, Spitalfields. I saw Mrs. Kemp at the police-station on the 2nd of Dec.—I asked her if she had seen her boy—she said she had, and spoken to him, and he told her to go away on account of the shawl she had on—I asked her what about the shawl—she said it was one belonging to the stolen things, that she took it off; and gave it to Durell, and he put it into his hat—I have not known Mrs. Kemp long, only since my boy has got into company with, her boy and her—she enticed my boy away from his home—she is living with Durell.
JAMES LAMB , jun. I am the prosecutor's son. I was sitting up with my father and mother till one o'clock on this morning—my father told me to go and fasten the back place, and he would fasten the front—I took one of the candles off the table, and went and fastened up the back door—I looked at the double door of the shed, and it was quite fast; and I fastened the door from the coal-shed into the kitchen—when I went down in the morning I missed my shoes—I have never seen them again.
my mother, and showed them to her—she told me to put them down till my father came home—I afterwards took them to my father.
W. D. DAY re-examined. I was present at John Kemp's examination before Mr. Norton, the Magistrate—what he stated was read over to him—no threat or promise was made to induce him to make any confession—he afterwards made his mark to it in my presence—this is the statement, and this is Mr. Norton's writing—I also heard Cherry examined, and he signed his name—(read)—"The prisoner, John Kemp, says, 'When we got the things we took them to my mother's, but she was a-bed, and asleep; and when she got up we had very nearly disposed of all the things, and what was left she ordered us to take out of the place directly;' the prisoner Cherry says, 'What Kemp says is true; when Mrs. Kemp awoke, she ordered us to take the things out."
Cherry's Defence. As we were passing by the house, it was half-past six in the morning; the gate was open, and was closed with half a brick; we went inside, and the door was open that led into the kitchen; and the things were all lying down on the floor in the kitchen; we took them up, carried them across the Lamb-fields, and put them under the arch of the railroad till it was day-light, when we gave a boy named Blaney a 1d. to carry them up the Bethnal-green-road for us; we carried them to Mrs. Kemp's house, and took some away, and sold them; Mrs. Kemp was a-bed and asleep; she awoke, and said, "What have you got there, Jack? "she ordered us to take them out of the place, and we took them out.
Kemp's Defence. We were going past Mr. Lamb's, about half-past six, to go to Mr. Dunbar's, the match-maker's, to try and get employment; in crossing the Lamb-fields, Cherry stopped, and stooped down to tie his shoe; and he said to me, "Kemp, this gate looks as if it is open, there is only a brick against it;" I pulled a congreve match out of my pocket, and lit it; I pulled the gate, and it came open; on lighting the match, me and Cherry looked inside, and saw a pair of boots, and several articles lying just inside the gate in the shed; we took what things there were, tied them up, carried them across Lamb-fields, and left them till it was daylight; light; we gave a boy named Blaney a 1d. to carry them to Bethnal-green-road for us.
Charlotte Kemp's Defence. These two boys brought some things home to my place; I was very ill at the time, and fast asleep when they came in; I awoke, got up as well as I could, and said to my boy, "What have you got there?" he said, "Only a few things;" I said, "Take them out of the place, I won't have them in my place, you will get me into the same trouble as yourselves;" and they took them out directly; they never left one thing behind; I saw no more of them till Saturday night, when my boy came up stairs, and I reprimanded him well, the same as I did that night.
Durell's Defence. I gave 14 d. for these trowsers, in Petticoat-lane; I came by them very honestly.
CHERRY— GUILTY Recommended to mercy by the Prosecutor, on account of his good character previous to his acquaintance with Kemp.— . Aged 15.— Confined One Month .
JOHN KEMP— GUILTY . Aged 16.
CHARLOTTE KEMP— GUILTY . Aged 42.
DURELL— GUILTY . Aged 56.
Confined Tweltre Months.
NEW COURT.—Monday, December 16 th, 1844.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 10.— Judgment Respited .
218. ALEXANDER BARBER was indicted for stealing 60 fishinglines, value 28s.; 214 fish-hooks, 8s.; 1 reel, 5s.; 120 artificial flies and hooks, 10s.; 2 pocket-books, 5s.; 6 floats, 1s.; 2 plummets, 3d.; and 1 disgorger, 3d.; the goods of John Cheek, his master.
JOHN CHEEK . I am a fishing tackle maker—I live in Oxford-street, and have another shop—the prisoner was in my service as errand-boy for about twelve months. On the evening of the 13th of Nov., from information, I spoke to the prisoner—I told him I was fearful he had been robbing me for some time—I told him if he had, it would be better to tell me, for I was determined to find it out—I did not at all tell him it would be better for him to tell me, only that I was determined to find it out—he denied it very strongly for a length of time, and at last, in consequence of my telling him I was determined to find it out, he told me that all he had taken from me I should find at his mother's—I called in a policeman, and gave him into custody—I went with the policeman to Ryder's-court, Leicester-square, where the prisoner's mother lives, and found a quantity of fishing-tackle in a box there—this is it—it is my property—these two pocket-books have my name and address in them, and the shop mark has been torn away—it is not at all likely that I bad sold these, and the prisoner told me ho had taken them.
JURY. Q. Are they new? A. Yes—the prisoner was not my apprentice—it is impossible for me to swear decidedly that these have not been sold, as there are so many articles alike.
Cross-examined by MR. ROBINSON. Q. You have two shops? A. Yes, and two persons in each shop—these are fishing-hooks and tackle and lines—I can swear to them—some of them are marked—here is my name and address on each of these books—I put that on them before they were exposed for sale—all the things in my shop bear my name, with scarcely one exception—it is stamped on them, and when they are sold my name would be on them.
HENRY FITCH (police-constable F 111.) I was called in to the prosecutor's on the evening of the 13th of Nov.—I took the prisoner—Mr. Cheek told him what it was for, and the prisoner said something, and he mentioned a house—I went to the house lie mentioned, and saw a woman
there—I found these things there in a box—I had been directed to that box by the prisoner.
Cross-examined. Q. Did you find this net in the box? A. Yes—I do not recollect that there was anything said about this net—I do not recollect the prosecutor saying it was his—I did not see him with it in his hand.
JEMIMA BARBER . I am the prisoner's mother. I recollect the prosecutor and the policeman coming—I showed them what was the prisoner's play box when he was a child, and these things were in it—I know I once gave him 5s. to go and buy fishing-tackle, and once or twice I have given him 1s. for the same purpose.
Cross-examined. Q. Did you hear Mr. Cheek claim this net? A. Yes—he took it in his hand, and said it was his—the policeman had it—he took it out of the policeman's hand, and said, "I think it is mine"—I said, no, he had it brought from the country—the prisoner came home every night—he was very fond of fishing.
MR. CHEEK. I totally disclaimed all knowledge of the net at the time.
NOT GUILTY .
219. CATHERINE LLOYD was indicted for stealing, on the 27th of Nov., 1 habit-shirt, value 6s., the goods of William Nicholls: 6 yards of blond, value 2s.; 7 yards of ribbon, 3s. 6d.; and 2 yards of holland, 1s.; the goods of Charles Nicholls, her master.
ELIZA NICHOLLS . I am the wife of Charles Nicholls—he lives at No. 72, Quadrant, Regent-street, and deals in shawls—the prisoner was in my service three months—she was so on the 28th of Nov. From something I had heard I sent for a constable, and searched the prisoner's box in her presence—I found a crape collar, some blond, and a piece of holland—these are them—I said they were mine—the prisoner said they were her own—they are my husband's—the prisoner was given into custody—I searched her box after that, and found some ribbon and another lace collar, which are my husband's—I had missed the crape collar some time previous—I had used it for my own wear, and it was in my bed-room in a box.
CATHERINE NICHOLLS . I am the wife of William Nicholls. I saw these things taken out of the prisoner's box—the box was locked, and she had the key of it—after these things were found, this habit-shirt was found on the prisoner—it is mine—I had it for my own wear—it had been in a box in my bed-room, which is a different room to my sister-in-law's—I had missed it, and asked the prisoner if she had seen it—she said she had not—when she was searched it was found in a black apron tied round her waist.
JURY. Q. Are you sure these things had not been sold in the shop? A. Certainly not—nothing is sold in the shop but shawls and furs.
JOHN WHALL (police-sergeant G 16.) I was sent for on the 28th of Nov., and the prisoner was produced to me—her mistress charged her with stealing things—I asked her if she had any objection to her mistress looking into her box—she said, "No"—it was searched, and these things found—the habit-shirt was found on her person, but I did not see that.
Prisoner's Defence. I did not take the collar with the intention of stealing it; I was going out the following day, and meant to buy one like it; I should then have put it into its place again; the ribbon and crape
collar are my own; the blond I bought to make some caps with; my mistress said it was hers, and soon after her brother-in-law said it was his.
GUILTYRecommended to mercy by the Prosecutor and Jury.— . Aged 19.—
Confined Three Months.
220. JOHN SAUL and THOMAS READING were indicted for stealing, on the 30th of Nov., 15 bottles, value 2s.; 3 pints of brandy, 12s.; 1 gallon of stout, 2s. 6d.; 2 gallons of wine, 10s.; and 3 pints of cordial, 2s.; the goods of Augustus William Bode.
GEORGE BODE . I reside in the General Post-office, and am a clerk there—in April last I was living with my father, in Chatham-place, Blackfriars—my father's name was Frederick—he died in April, and the family left the house. There were a few odd bottles of different sorts of wine and spirits deposited in the cellar—they were left under the care of Mr. George Trist, the auctioneer—he was agent for the house—it belonged to my elder brother, as administrator to my father's effects—my brother's name is Augustus William.
Cross-examined by MR. PAYNE. Q. Did you see the bottles in the cellar? A. No—I know they were left there—I had seen them some months before.
GEORGE TRIST . I live in Old Broad-street. I was employed by Mr. Bode as agent for that house in Chatham-place—about two months ago, I believe, there was about two dozen of wine in the cellar, and a variety of odds and ends—I cannot say what they were—I went to the premises on the 2nd of Dec., from information—I found the cellar door nailed up—I had left it locked, and I kept the key—the wine and other things were all gone, except about half a bottle which was left in the cellar.
Cross-examined. Q. You had not seen anything of them for nearly two months? A. No—I did not examine the wine—I kept the key of the cellar.
JOHN COLEY (City police-constable, No. 617.) I was employed by Mr. Trist to take care of these premises—the prisoners were employed there in Nov., nearly a fortnight previous to the missing of the wine—I had been in the cellar with Mr. Trist on the last occasion, and I saw him lock the door, and take the key—no person went in after that occasion—that was about two months previous—I was in the habit of going through the house every night and morning, and particularly at night, to see if any persons were on the premises—I was in the habit of passing the cellar, because that is at the entrance from the street to the kitchen—nothing at the cellar door had attracted my attention till the officer inquired about this—if anything had happened to the door I think I should have noticed it—the prisoners and another man had been employed about a fortnight, plastering the wall—I saw the prisoners at the premises on Saturday morning, the 30th of Nov.—I let Saul in at past seven o'clock in the morning.
Cross-examined. Q. What time did you go to bed? A. Not till after seven o'clock—I had been out on duty all night, and I sleep there in the day—I saw Saul there that morning, and several other persons.
JURY. Q. You say you believe no other person had been in the cellar? A. It Was fastened with a nail, and appeared as if locked—I did not notice it before this inquiry.
a tub, and Saul was close behind him—I followed them up Drury-lane, and down Long-acre—Reading then put the tub on the railing, and Saul stood by him—I went a short distance up St. Martin's-lane, and got an officer—I then returned to Reading—Saul was gone—I asked Reading what he had got in the tub—he said, "Cement"—I looked into it—it appeared to me to he coal ashes, and, in moving them, I found some bottles and a jacket—I told Reading he had got bottles, and I should take him to Bow-street—he said he knew nothing about it, that he was employed to carry the tub by a man who had just left him, who was a plasterer—he said he had been working at the foot of Blackfriars-bridge, and I should find the man on the scaffold—I found the bottles were all full—there were two of brandy, five of wine, three of cordial, and five of stout—I went to Chatham-place, and saw Saul on the scaffold—I asked him his name and address—he said No. 39, Greek-street, Soho—I told him the man he was following in Drury-lane and Long-acre with a tub was locked up at Bow-street, and he charged him with being concerned with him in stealing the bottles—he asked me if they had anything in them—I said they were full—he said he supposed he must go, but there were others concerned in it as well as himself.
Cross-examined. Q. Was not what he said, that there were others in the place as well as himself? A. I believe that was it.
NOT GUILTY .
GEORGE MILLS . I live in Goswell-street, and am a coachmaker; the prisoner was a labourer in my service for nearly two years. On Saturday, the 30th of Nov., I had four axletrees, and boxes complete, in my loft, tied together in sets—I went away that day, and left the prisoner there—I returned on Monday morning, the 2nd of Dec., between nine and ten o'clock—I went to my loft, and missed the axletrees and boxes—I asked the prisoner whether he had moved them, as he had the cleaning of the loft—he said "No," he had not seen them—in consequence of something I heard I gave him into custody—I had left nobody but him on my premises, and found nobody but him there when I came back.
Cross-examined. Q. What time did you leave him on Saturday? A. About seven o'clock in the evening—he does not reside there, he lives in Crown-court, Fleet-street—he has a family of children, and very sorry I am to suspect him—up to this time I thought I could trust him with anything—I missed these articles on Monday, after I had been back two or three hours—if the prisoner left my premises, it was his duty to make my son acquainted with it—my son lives on the premises, and he would have the charge—the prisoner was not the only man in my employ, but was the only one I left there on Saturday night, and found there on Monday morning, and the only man who then had access to the premises.
HENRY LAWRENCE . I am a horse-keeper, and live in Glasshouse-yard. On the 2nd of Dec., about six o'clock in the morning, I heard a knock at my street-door—I looked out of the window—I could not see who it was, but I heard a voice, which I thought was the prisoner's—I have known him about ten years—he asked if I was coming down, and said he wanted me—I said, "Presently," and I went to bed again—about seven, the witness Bellingham came and called me—I got a light, and went down stairs—I
found four axletrees in my passage—I asked Bellingham to remove them under the gateway—the prisoner came and asked me if I would take care of them for him—he said there would be a person call for them—I told him I would not have them remain on my premises, and I advised him to take them back to where he brought them from, because I thought they would be missed, and I would not have them on my premises—he said they had been lying by a long time, and would not be missed—I said I would put them into the street if he did not take them away—he came in again in a minute, and asked me if I would lend him a truck to take them—I said, "No"—he then asked Bellingham if he would take them in his cart—he refused—the prisoner went out, and returned immediately, and said they would go immediately—I know no more of them, for I went to work, and never saw them afterwards—I was away about five minutes, and when I came back they were gone.
Cross-examined. Q. How near is your place to the prosecutor's? A. As much as three or four times round this Court—I knew the prosecutor's business, and knew the prisoner was in his employ, but I did not know where the axletrees came from, nor did I know that the prisoner brought them—I had not the least idea where they came from—I knew the prisoner's master worked in such things—I said they would be missed, and yet I did not know where they came from, and had no suspicion—I got up when Bellingham came for dung—what he takes away is my perquisite—he comes in a morning, sometimes once a week, sometimes twice, and sometimes not for a fortnight.
JURY. Q. Had you made no prior arrangement with the prisoner? A. No—he comes into the yard two or three times a week with a tub of ashes from the shop, and we have had a work or two—that is all—he did not call me up in a morning—my time of getting up is different—sometimes I am up early, and sometimes late—I had not gone to bed till two o'clock that morning.
HENRY BELLINGHAM . I live in Somerset-place, Bermondsey—about a quarter before seven o'clock on Monday morning, the 2nd of Dec., I went with my cart to Mr. Lawrence's—I saw the prisoner standing at his door—I asked him if Lawrence was up—he said, "No"—I called Lawrence, and he got a light and came down—the prisoner was not there then—the four axletrees were in the passage—I helped Lawrence to remove them under the gateway—the prisoner came back in about five minutes, and went and spoke to Lawrence—I did not bear what they said—the prisoner then came to me, and asked me if I would take the axletrees to Red Lion-street, Clerkenwell—I said I would have nothing to do with them—he came back afterwards with another young man—the prisoner took two of the axletrees, and the other man took two, and they went away with them.
Cross-examined. Q. Had you known the prisoner before? A. Not at all—I knew Lawrence by having the dung from him about twice a-week—the man who came with the prisoner was a young man, with a blue frock-coat and a white apron—he had a black beaver hat on—I did not notice whether anything was on it, as it was no business of mine—I do not know where these things were sold, nor yet which way they went—I am carman to a market-gardener—my master allows me a certain price for the dung I buy—I paid half-a-crown for it that Monday morning, and went straight home to my master's place in Bermondsey.
Cross-examined. Q. Did you find any money on him? A. No, and no property or money at his lodgings.
GUILTY . Aged 39.—Recommended to mercy by the Jury and Prosecutor.
Judgment Respited .
NEW COURT.—Tuesday, December 17 th, 1844.
Sixth Jury, before Edward Bullock, Esq
GUILTY . Aged 22.— Confined Two Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 29.— Confined Twelve Months.
GEORGE MICKLEFORD . I am a private watchman in the Old Jewry. Between five and six at night, on the 9th of Dec., I saw the prisoner go into the prosecutor's warehouse, and he brought out a roll of something white with him—I saw him put it into the dust-hole, behind the warehouse door—I then saw his wife come out of the warehouse, and go down into the cellar to the warehouseman—the prisoner came over and spoke to me, and said it was a cold night—he then walked back to the dust-hole, and took out this parcel, which is like the one he brought out of the warehouse, and it was taken from the place where he put that—he put it into some bags which his wife had to make—he was going to put it on his shoulder, and to carry it away; I stopped him, and called the warehouseman—this linen rolled out of the bags.
Prisoner. Q. Was the dust-hole covered? A. Part of it was—you laid the remains of a parcel of bags on the part of the dust-hole which was covered—when you brought something out, you attempted to place it by the side of the bags, and one end of it fell into the dust-hole—I did not see your wife speak to you—she came out and went towards the cellar—I had an opportunity of seeing you when you came out with something white—I was not talking to my wife—she was not near me—she was on the step above—she was there before you moved the article from the dust-hole, and before you attempted to go out of the gate—I have not said it was my wife saw you put the article in the dust-hole—I had no conversation with my wife about it in the yard—I stopped you under the gateway—I spoke, and you stopped—you carried the things in your arms, and wanted to go into the warehouse, but the door was shut—you then went further on, and was going to the cellar—your wife wanted to take these things out of your arms, and out dropped this parcel on the cellar steps—you had the bags
rolled up in your arms—they were not tied, and this parcel was in them—I saw it, because it rolled out—I did not handle it before Mr. Trewin gave it me.
JOSEPH TREWIN . I am in the service of Mr. George Watt, a linen factor, at No. 8, Old Jewry—we employed the prisoner's wife to make guano bags—I know this piece of linen is Mr. Watt's property—we have had it in the warehouse six months—it is the only piece of the sort we had—I know it by the mark on it.
Prisoner. Q. Did you find it on me? A. I did; I saw it roll out of the parcel which you was carrying at the time—I am not aware whether the bags were tied up or not—I believe they were tied afterwards—I believe you tied them, if they were tied—we give threepence a dozen for making the bags—a good hand can make ten dozen in a day by working ten or twelve hours.
COURT. Q. Is this the same sort of material that bags are made from? A. No; they are made of coarse wrapper, very different to this—the prisoner's wife made the bags at home—he generally came to bring them for his wife—he came for them, I delivered them to him, but this came from a different warehouse—he had to pass across the yard to fetch this—I believe I sent his wife up to the counting-house to get the goods entered while he was packing up—she came and told me I was wanted, and I went back into the cellar.
Prisoner's Defence. I went with my wife with a gross of bags, and she was forced to work not only Saturday night, but all day on Sunday; on Monday we carried them home, and he said, "There are only five dozen more ready for you; you had better go and speak to the clerk;" my wife went up, and came and said he was wanted; he went, and in the meantime I laid the bags on the dust-hole; I then went and found this bundle in the dark, (there was no light in the warehouse, only in the counting-house,) and not knowing any difference, to make up the gross which we usually receive, I put this on the dust-hole, and the place being too narrow it fell in; the witness stated that I put it in the dust-hole, which made it look more criminal; then again he stated that it was his wife saw me and told him, and he watched me; the other witness states the bags were tied up; I had left them tied up, and when the watchman spoke to me I turned round and was going back to the counting-house.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy by the Jury.—
Confined Three Months.
MR. SIMONDS conducted the Prosecution.
JOHN CASTLE . I keep the Barnard's Inn coffee-house in Holborn. On the 4th of Dec. I saw the prisoner at my house, in company with another person named Stubbs—I had not known either of them before—they came after twelve o'clock, and stopped till the clock struck three—they were drinking gin and water, and running backwards and forwards in the passage, which is not very long—the front of the bar comes into the passage—these coats were in the spare room up stairs on the first floor—at half-past two o'clock I went up stairs to wash, and was up for a quarter
of an hour—when I was coming down I heard the lodger's door go—I called, "Mr. Still, is that you?"—I received no answer—I looked down stairs, and saw the green door, at the bottom of the stairs open, and some person go out, but I could not see who it was—his back was to me—I could see the glimpse of some person go—in less than two minutes I missed a close bodied coat, and a top coat—I had not seen them myself after the morning—they have never been found—they were worth more than 2l.—I value them at 1l.
Cross-examined by MR. BALLANTINE. Q. Where were you standing when a person went out? A. At the top of the stairs—I did not see the person before he went out—he fell against the door—he ran down so fast that he tripped.
MARY ANN WAITE . I am bar-maid at Barnard's Inn coffee-house, On the 4th of Dec. I saw the prisoner there—I did not see him come in—he was there when I came home at half-past twelve o'clock—a man, named Stubbs, was with him—I believe they had had one glass, and they were then standing conversing, and quoting poetry, and different things in front of the bar—they asked me to shake hands with them, which I refused—at nearly three o'clock my master went up stairs, and I was left alone in the bar—the prisoner and the other man were repeatedly leaving the bar, and going towards the end of the passage—I then heard the prisoner say to Stubbs, "She is not there"—Stubbs said, "Yes she is"—the prisoner said, "No she is not"—then Stubbs said, "Go, go," and the prisoner left the bar, and came round to the bar-door, as I thought—I had bolted the door, as I did not choose to be annoyed by them—they appeared to be tipsy—I did not see any one, but I heard some one running down stairs, and he stumbled—I ran out and saw the door open, which gave a light—I saw the prisoner come out of the green door, and going out of the street door with a coat on his arm—I am quite certain it was the prisoner who went out—I could not see that he had two coats—he had one coat—he had no coat on his arm when he was standing at the bar, nor had the other man—I immediately ran to the street door as quick as I could, but the prisoner was gone—I came back and made some inquiry of Stubbs—I had seen Mr. Castle's coats safe at half-past twelve o'clock, when I came home—I did not miss them, but Mr. Castle told me they were gone.
Cross-examined. Q. I think you said "a coat?" A. I would swear I saw one—there was one great coat and one body coat missing—I could not say what was the colour of them—I believe they were both olive green—they were both my master's coats—I have seen him wear them many times—I had not noticed them particularly—I am certain the close-bodied coat was not a lightcoloured one—I am almost certain it had not brass buttons—the prisoner and Stubbs began to talk to me as soon as I came in—they were quoting poetry when I came in—they wanted to shake hands with me several times when I went into the bar to serve a customer—I was in and out the whole time nearly—they were drinking gin and water, and I considered their conduct rather annoying—I did not complain to my master—he saw some of it—they offered to shake hands with him—he did not order them out; there was nothing to order them out for.
JURY. Q. Did you distinctly see the prisoner pass out with the coat? A. Yes—he came from the green door to the street door, a distance of about two yards—I distinctly saw him go out of the door—when the green
door opened a light came, and I saw him coming through the green door and go out at the street door—I saw his side face and his dress, as I had before.
Cross-examined. Q. Did you go to his house? A. Yes—I found nothing there—I have not been able to trace the coats.
NOT GUILTY .
GUILTY . Aged 28.— Confined Three Months.
GUILTY . Aged 23.— Confined Twelve Months.
229. CHARLES BUCKINGHAM was indicted for stealing, on the the 2nd of Oct., 2 decanters, value 10s.; 2 wine-glasses, 1s.; and 1 water-bottle, 5s.; and on the 27th of Oct., 2 wine-glasses, value 1s. 6d.; 4 salt-cellars, 2s. 6d.; and 4 decanters, 1l.; the goods of Jeremiah Challenger Wooster, his master; to both which he pleaded
GUILTY . Aged 17.— Confined Two Months.
230. GEORGE HAYNES was indicted for stealing, on the 30th of Nov., 1 wooden bowl, value 6d.; 3 sixpences, 1 groat, 24 pence, 93 halfpence and 5 farthings; the property of Maria Bainbridge and another; and that he had been before convicted of felony.
MARIA BAINBRIDGE . I am partner with my Mary; we are bakers, at Tottenham. We had a wooden bowl on the mantel-piece in our shop, which contained, I suppose, about 8s. worth of copper money—we have a muffin-stove under the mantel-piece, and on it were three or four sixpences and a fourpenny-piece—I saw them all safe from seven o'clock to ten minutes past seven on the 30th of Nov.
MARY BAINBRIDGE . I am partner with my sister. On the 30th of Nov. we lost a bowl of copper from the mantel-piece—I saw it about twenty minutes before it was lost—this penny and this halfpenny (looking at them) were in the bowl before it was lost.
LEWIS GREY . I am a gardener, and live at Tottenham. On Saturday, the 30th of Nov., I was passing the prosecutrix's shop about ten minutes past seven o'clock, and saw a boy come out resembling the prisoner—I could not swear to him—he went to another boy standing on the path—they had a few words together, and then withdrew.
RICHARD SINCLAIR . I received information on the 30th of Nov., and apprehended the prisoner at a lodging house at Edmonton—he had no clothes on—his clothes were under his head, as he was in bed—there was no one in bed but him—I searched his clothes, and found twenty-four
pence, ninety-three half-pence, and five-farthings, and in his shirt I found three sixpences and one groat, which I produce—amongst it was this penny and halfpenny, which the prosecutrix identifies—I asked the prisoner where he got this halfpenny from—his answer was, "You are not going to get it out of me this time as you did before."
RICHARD WINTER (police-constable N 350.) I produce a certificated of the prisoner's former conviction, which I got from Clerkenwell—(read—"Convicted on the 1st of January, in the 7th Vict., and sentenced to three months' imprisonment, and whipped.")—he is the boy.
GUILTY . Aged 14.— Transported for Seven Years .
ELIZABETH LOWE . I am the wife of Joseph Lowe—he lives at Uxbridge, and is a wheelwright. On the morning of the 5th of Dec. the prisoner came to my house, and offered clothes-pegs for sale, and I bought some—I had to leave her in the room below for a few minutes, while I went up stairs—when I came down I paid her for the pegs, and she went away—(I had known her by her calling several times before)—after she was gone I missed a child's frock—this is it—it is mine—it had been on a chair in the room where the prisoner was—I gave information, and the prisoner and the frock were brought back.
Prisoner. I bought several things of her, and she tucked this frock in amongst a lot of rags which I bought; there was a dark frock; I went and sold that, and put this one into my pocket.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Seven Days .
JOHN BULL (City police-constable, No. 151.) About six o'clock in the evening, on the 2nd of Dec., I saw the prisoner on Finsbury-pavement—she went on to Fore-street—I saw she had something under her shawl—I stopped her, and asked what she had got—she said, "Nothing"—I opened her shawl, and saw this scarf, which I took from her—she said a boy threw it into her arms.
JOHN WILLIAM CUNNINGTON . I am in the employ of Mr. William Brown, and his son John Brown—they are linen-drapers, and live on Finsbury-pavement—I know this scarf is my master's property—I saw it safe that day, attached to a piece of cotton—Mr. Brown and his son, and two others, serve in the shop besides me—we deal in this sort of article, and are always selling them—I saw this safe about five o'clock that evening, and the policeman saw the prisoner with it about six o'clock—I Can swear I did not sell this, and this is the one I attached to the cotton In the morning—it is usual when goods are sold to remove the ticket from them, and the ticket is not taken off this.
Prisoner's Defence. I was walking along, and a boy threw it into my
arms; the policeman came and took me; I bad been to see a young girl home that works with me.
GUILTY . Aged 16.— Confined Two Months.
GEORGE DANIELS . I am shopman to Mr. Ralph Wilcoxson, a boot and shoemaker—he has a shop in King William-street. I know these clogs are his property—I know them by the mark on them, and the make of them—these were marked in our shop in Tottenham Court-road, but all that come to our shop in King William-street have this number on them—I know them from other people's clogs—I can swear they are my master's—they were at the door on Wednesday, the 11th of Dec.—I saw them quite safe at the door a little before one o'clock—I saw the three prisoners together at our door—I saw them leave altogether, and 1 gave some directions to Ventris.
RICHARD VENTRIS . I am fifteen years old, and am ha the employ of Mr. Wilcoxson as errand-boy. On the 11th of Dec. I saw the three prisoners in the door-way of Mr. Wilcoxson's shop a little before one o'clock—they all tried the clogs on one after another—when they left, I followed Langthorne, and gave her in charge.
Langthorne's Defence. I know nothing about them; Sullivan bought them of another young woman; I did not know they were stolen, nor did she.
Sullivan's Defence. I put them into my basket; that is all I know; I was very tipsy.
NOT GUILTY .
FREDERICK PRICE . I am in the service of Mr. Thomas Deeble Dutton—he is a shoemaker, and lives at Stoney-end. I know these four pairs of boots are my master's—I know them by the make of them—one pair bad my own mark on them—these were made by my master's men, and were hanging at our door for sale on the 11th of Dec.—I saw them between nine and ten o'clock in the morning, and at half-past nine at night—the constable came, and I went down to Tower-street station, and saw these boots, which I swear to—I looked at the string by which these boots had been secured, and I found it was cut.
ELIZABETH ROLLS . I searched the prisoner Langthorne about two o'clock in the day on the 11th of Dec.—I found on her these three pairs of boots—I was taking her shawl off; and they slipped down from under her arm—I found this other pair of boots on Sullivan.
found on her this bundle, and this other pair of boots—Mr. Dutton's foreman identified them, but would not say whether they had been sold or not—I found this pen-knife in Sullivan's basket.
Langthorne's Defence. We were all drinking together; a young woman gave me the boots to hold; I had them when I was taken, but Sullivan knows nothing about them.
Sullivan's Defence. I am innocent; my mother gave me 3s. 6d. to buy a pair of boots.
LANGTHORNE— GUILTY . Aged 18.
SULLIVAN— GUILTY . Aged 19.
Confined Three Month .
ELIZABETH WILSON . I live in Rotherfield-street, Islington. On the 29th of Nov. I was at Mr. Abbott's office, in Doctors' Commons, on some business—I saw the prisoner come in, and be showed a paper—Mr. Abbott came into the room, and the prisoner left immediately.
ELIZABETH BURRELL . I am the daughter of Mrs. Wilson. I was at Mr. Abbott's—I saw the prisoner come in with a paper, and then go out—I afterwards went up stairs with Mr. Abbott, and I found this paper on a chair in his room—I gave it to Mr. Abbott—this is it.
WM. ABBOTT , jun. I live in Dean's-court, Doctors' Commons. I went down stairs that afternoon, and found the prisoner there—I turned him out of the office, and shut the door—I afterwards went up stairs to my private office with Miss Burrell, and there she gave me this paper—about a quarter of an hour afterwards, I was going out with Miss Burrell—I went to where my great coats had been, to put one on, and they were both ✗gone—I had seen them on a chair in my private office, about an hour before—I had a snuff-box in the pocket of one of them, and a handkerchief in another pocket, in the same coat—I know the box was in the pocket of it when I came in the morning, and took the coat off, and I had not left my office till I came down to the lower office, and found the prisoner there.
JOHN BROWN . I am seventeen years old—I live in Sun-court, Little Swan-alley, Coleman-street. I was in the Compter for kicking up a ✗row—I saw the prisoner there—he took a comb out of his pocket and dashed it on the ground, and broke it—I said, "What did you do that for?"—he said, "If you knew what I am to be done to, you would not wonder"—I said, "What have you done?"—he said, "I had got a paper that I was deaf and dumb, and I went to an office, and saw two coats; I thought I might as well have them, and I took them, wrapped them up, and put them under my arm; and when I got a little way I missed my paper, which told all about me."
Cross-examined by MR. HORRY. Q. Did you know the prisoner? A. Yes, by his being about the streets, shamming to be deaf and dumb—I knew him about three years ago, being about—I had never spoken to him before—he threw down a comb—I asked him what that was for, and he said, "If you knew what I am going to be done to, you would not ask me"—I said, "What is it you have done?"—he said, "I had a paper, and went up in an office to sham that I was deaf and dumb; I saw two coats, I
thought I might as well have them; I brought them down, and wrapped them under my arm, and I left my paper; but I don't mind that; it told all that I was"—he said to some other persons who are not here, that he might get three months on suspicion of stealing them—there were two or three persons heard him say that—I did not tell the turnkey of it—the policeman came to my house the next day—I had not told it to anybody—I had been only one night in the Compter—I was in that part where those are who are to be brought up the next morning—I do not know how the policeman came to me, but he asked me if I had heard the prisoner say anything—I had been taken before Alderman Wood, and was discharged—I had spoken to the policeman before I was discharged, but not about this—the policeman came to my house afterwards—he asked me if I had heard the prisoner say anything, and I told him—that was the first time I told him.
ELIZABETH WILSON re-examined. I was at Mr. Abbott's office when the prisoner brought this paper folded—I said, "Take it to the clerk"—he took it, and the clerk gave him a penny, and then he returned with it to me, and I read it—this is it.
Cross-examined. Q. Was it then he was turned out of the office? A. Yes, almost immediately.
BENJAMIN HENRY BROOKER re-examined. I saw the paper—this is it—I am sure the prisoner produced it—I read it, gave him a penny, and returned it to him—he went to Mrs. Wilson, and wanted her to put her finger in his mouth to feel if he had any tongue—(read)—"Please to pity a poor boy, deaf and dumb, born without a tongue.—W. McKMAN."
MR. ABBOTT re-examined. Q. How many doors have you to your office? A. There is an entrance door below from Dean's—court, then a small hall, and up a flight of stairs there is a door to the clerk's office; and then up another flight of stairs, goes to my private office—it was in the clerk's office I saw the prisoner, and turned him out—he might then have gone either up stairs to my office, or down stairs to the street.
Cross-examined. Q. What time was this? A. About one o'clock—there are some ticket-porters about the court, and one stands at my door.
Prisoner. I never was in the gentleman's office; I know nothing about it.
GUILTY . Aged 13.— Confined Twelve Months.
NEW COURT.—Wednesday, December 18th,. 1844.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 24.— Confined Six Months.
The prisoner was in my service—I think she entered about the 30th of Sept., and left about the 19th of Oct.—she was with me about three weeks—after she had left I went with a constable to No. 22, Great Windmill-street—it was on a Wednesday, and I think the 27th of Nov.—she was coming out, and I met with her in the street—I stated to her that from information I had heard, I felt confident she had got the velvet, that it was a very unpleasant thing for me to proceed in, and if she would acknowledge she had it, I should not take any steps in consequence—she took me to her lodging, and I found there an immense quantity of cuttings—I did not find any velvet, but I found about a quarter of a yard of gimp, worth about sixpence—this is it—while she was with me she was employed to work on a mantle on which some gimp of a like description was put—it was made to order and it matches in every respect—it is not, I think, generally kept to be sold—it was made expressly for the mantle which I have in my hand, and there was this quantity more than was sufficient—I have not the slightest doubt of the identity of it—Mrs. Budson brought some velvet to the office afterwards.
ELIZA BUDSON . I am the wife of John Budson; we live at No. 22, Great Windmill-street—the prisoner lodged in the same house—on Wednesday, the 27th of Nov. she came into my room, and brought in three yards of black velvet, and one yard of green—she put it between a box and a chest of drawers, and told me to lock it up, and not to say anything about it—I told her she had better take it away, but she went out of the room and left it—I suspected it was stolen, because they were searching the house at the same time—I called in a person from the next room, and looked at what she had left—I then took it down stairs to Mr. Belcham, the shoemaker, who keeps the shop and the house—the parties who had been searching the house were then gone—I did not take it down while they were searching the house, as I did not know what to do in the confusion.
JAMES BELCHAM . I remember Mrs. Budson bringing some velvet to my shop on the 27th of Nov.—I took it directly to Marlborough-street police-office, and gave it to Mr. Atkins—the policeman was there at the time.
WILLIAM ATKINS re-examined. This is the velvet which Mr. Belcham brought to me—I know it—this green piece corresponds precisely in every respect with this mantle which I had to make tip—I missed this exact quantity—this corresponds in quantity and in every other respect with what the prisoner had to make up the mantle with, and this piece of cutting which I saw found in her box corresponds with this other piece produced by Belcham—with this cutting and this larger piece the deficient quantity is supplied—the prisoner was engaged to work on this material as fore-woman when she was in my service—she cut it out.
Cross-examined by MR. BALLANTINE. Q. Was the material given to you by a customer, or was it made for sale? A. It was given to me by my employrs, Messrs. Parker's, in the Quadrant, but I have paid 27s. for the missing quantity—I measured the quantity which came to my shop—there were twelve yards—we never made an article like this before—I made a memorandum of what the mantle took—it was from five yards and three quarters to six yards—five yards were returned, and here is one yard of this green velvet—I paid 3s. a yard for it.
COURT. Q. Where did you get this black velvet? A. It was sent to me to make into scarfs—this piece produced by Belcham corresponds with the quantity I missed of it, and in quality with what I had—the selvege
of this is rather peculiar, and it corresponds exactly with it—I think we had twenty-four yards, or twenty-four yards and a half—it was used to make three scarfs, and the prisoner was employed to cut them out—there was about five yards and a half used for each scarf, which would amount to sixteen yards and a half—five yards were returned, and three yards I have produced.
MR. BALLANTINE. Q. Who were you making the scarfs for? A. Messrs. Parker's—I cannot say that it was entrusted to me on the same day that the green velvet was, but it was about the same week—about the first week the prisoner was with me—I have a wife, but she does not superintend the cutting out—she is constantly in the house, and occassionally superintended the business when the prisoner was in there, but not at all times—I missed the black and the green velvet when they were returned to the parties from whom I received them—I discovered the deficiency myself—I am employed to see the goods returned—Mr. Frederick Parker and I were together, and, at the time the velvets were returned, I said, "Here is a great deal more used than the scarfs could have taken"—the scarfs had been returned previously—I saw them again at Mr. Parker's, and I have one of them in Court now.
COURT. Q. Does the scarf appear, on inspection, to contain the quantity you mentioned? A. Yes—five yards and a half to one-eighth of a yard—I have not the slightest doubt that these velvets correspond—the selvege is sometimes white, and sometimes black; but it is very rarely two colours, as this is.
(The prisoner received a good character.)
GUILTY Aged 26.—Recommended to mercy by the Jury. .
238. ELIZABETH LOVETT was again indicted for stealing, on the 20th of August, 18 yards of ribbon, value 3s.; 18 yards of gimp, value 1s.; and 1/ 8th of a yard of bugle trimming, value 1s. 6d.; the goods of William Chickall Jay, her master; to which she pleaded
GUILTY .—Aged 26. Recommended to mercy by the Prosecutor.— Confined Two Months.
GEORGE GODFREY . I live in Lower Berners-street, Commercial-road. I was in Leadenhall-market last Saturday, and saw the prisoners before Mr. Howard's stall—I saw Smith take two turkeys off Mr. Howard's board, and lay them on a poultry-case in which some turkeys were—Ferrey then took the turkeys off the case, and laid them in a basket, which I had seen Ferrey have as he was coming through the market—he was in the act of taking it up, and going off with it—he had not got above two feet from the place—Smith was about two yards away from him—I stopped them.
Smith. I never had them in my hand; I was right oppsite the shop, and you called out and I stopped; Ferrey basket, but what was in it I do not know. Witness. I saw you distinctly take them from the board, and put them on a case which stood about three feet under the
board, which put them out of the view of the man to whom they belonged—the man had just turned his back when the two prisoners went up to the stall.
Ferrey. Before you offered to say a word to me, you ran up to Smith, and said, "I want you," and then you turned back to me, and said, "There is another one;" and I said, "Are you making your remarks on me?" Witness. I said so after I stopped you—I had seen you put the two turkeys into the basket, intending to take them away—I had seen the prisoners before in the market.
JOHN GODFREY . I am in the service of Mr. Ebenezer Howard—I saw the two turkeys—they were my master's property—I had seen them in his possession at his shop—they were worth about 3s. 6d. a piece, or 4s., to sell—we sometimes sell them at that—they were rather thin, and came from Ireland.
Smith's Defence. I was going through the market, and met a young man; I was about buying a couple of rabbits; I had sent a dozen of fowls home; I stopped to look at something, and the policeman came up and said he wanted me.
Ferrey's Defence. The basket I had at home is now in pledge; I never had a basket in my hand from Friday week up to this time; I was walking through the market; this policeman knows nothing of me; I wish to ask Godfrey whether he took the basket from the case or from my hand?
SMITH— GUILTY . Aged 25.
FERREY— GUILTY . Aged 33.
Confined Six Months.
JOHN GODFREY . I am an errand-boy in the service of Mr. Ebenezer Howard, in Leadenhall-market—about nine o'clock in the morning, on the 16th of Dec., I saw the prisoner in the neighbourhood of my master's shop—he asked me for a bit of straw—I gave him some—he had half an armful—he put the straw down on two turkeys, which hid them from view—he then took them up, and walked into the public-house opposite our shop with them—I went after him and said, "You must come with me"—he seemed innocent of it at first, but I went to his basket, which stood on the form he sat upon, and there I found the two turkeys belonging to my master, and the same that the prisoner put the straw upon—I took him into my master's shop first, and then gave him into custody.
Cross-examined by MR. BALLANTINE. Q. Had you known the prisoner before? A. Yes—this is not the first time I have caught him—I caught him with some rabbits—I never told my master of that, because I got them back—there was a good deal of this straw about, and it was rather wet—I did not say to the prisoner, "Ned, you have taken a turkey"—I touched him on the shoulder.
JURY. Q. How do you know that it was his basket they were in? A. I have seen him with it before.
Cross-examined. Q. How long have you known him? A. About
twelve years, and ten years about the market—I never heard but that he bore a good character—he was not drunk.
GUILTY. Aged 35.—Recommended to mercy by the Prosecutor.— Confined Three Months.
241. GEORGE WELSH, HENRY THOMAS , and JERRY MINEY , were indicted for stealing, on the 3rd of Dec., 1 purse, value 6d.; 1 crown, and 3 shillings; the property of William John Smith, from the person of Emma Ann Smith; and that Welsh and Miney had been before convicted of felony.
EMMA ANN SMITH . I am the wife of William John Smith—he is a pianoforte-maker—we live in Union-street, Somers-town—I was passing down Drummond-street, Euston-square, on the 3rd of Dec., between twelve and one o'clock—I went on into Seymour-street, and the constable spoke to me—I missed my netted cotton purse from my right-hand pocket—I had a 5s. piece and three shillings in it—I had felt it safe a few minutes before—I do not know how I lost it.
WILLIAM HILES . I live in Leigh-street, Burton-crescent, and am a butcher. On the 3rd of Dec., between twelve and one o'clock, I was with Reed, a constable, in Tottenham-court-road—he and I followed the three prisoners to Hampstead-road, and down Drummond-street—there is a space between the entrance to the railway-station and the street—I there saw Miney go to the prosecutrix, draw something from her pocket, and pass it to Welsh—the prisoner Thomas was about a yard before the prosecutrix, with a whip in his hand, which he smacked and flourished about, which I supposed was to take her attention—the three prisoners then all ran round to Seymour-street—the officer spoke to the prosecutrix, and I followed the three prisoners—I caught Thomas in Drummond-crescent—he said he had not done anything—I took him back to where the officer had the other two prisoners, and he searched them—the prisoners had all come together from Tottenham-court-road.
MICHAEL REED (police-constable E 30.) I saw the three prisoners together that day at the bottom of Tottenham-court-road—I followed them, and Hiles accompanied me at my request—I saw the prisoners go on to the entrance of the railway—I there saw Miney and Welsh go and walk by the side of Mrs. Smith, and Thomas was a short distance before her—I saw Miney place his right hand under her pocket, lift it up, and put his left hand in her pocket, and take out something, which he passed to Welsh, and then all the three prisoners ran down to Drummond-crescent—I told Mr. Smith, and then I apprehended Miney and Welsh—I found on Welsh this 5s. piece—he said, "It is my own money—I saved it up"—I found on Miney this whistle—I found no shillings—I took them to the station, and requested another officer to go and look for the purse which I had been unable to find—he brought this purse—Mrs. Smith said she had a 5s. piece and three shillings in her purse, and the 5s. piece was an old One, and this is an old one—I apprehended the two prisoners exactly in front of the rails where this purse was found.
recollect the crown-piece 1 had was an old one, with a George and dragon on it as this has.
Thomas's Defence. I met these two boys in Tottenham-court-road, and went with them; Welsh said he was going to fight a boy.
Miney's Defence. I was going up the street; I never saw the lady; he never saw me do anything at all.
Welsh's Defence. I am innocent of taking anything from her; the 5s., piece was my own money which I had saved up; my mother knows I had a 5s. piece; I had 6s. 11 d. altogether.
(Witnesses for the Defence.)
ANN WELSH . I am the wife of an able seaman. The prisoner Welsh is my son—I live in Turnham-crescent, Euston-square-my son was living at home with me on the 3rd of December—my son does what he can, and earns a few halfpence—I never knew him to do wrong in my sight, but he wanted a ship of all things—on the very morning he was taken I gave him 6s. to pay a debt which I borrowed—I went out to work that morning, and left it on the mantel-piece for him when he got up, and I told him to pay it to Margaret White, who is here—she is a hard working girl—the money was my hard earnings for work at Mr. Hughes's—I went out at five o'clock, and left my son a shilling and a 5s. piece—I do not know whether it was old or new—I think it was middle worn—I did not look at either side of it—I never looked—I received it from Mrs. Wilson—she is not here—she does not know my trouble, or I should lose all my work.
COURT to Witness. Q. Upon your oath did you not tell the officer it was two half-crowns? A. On my oath, and no lie, I told him I gave the boy a 5s.-piece and a shilling—I always said so—I had not a farthing more money in the house till I came home at night—I had borrowed the money of White, and had nothing left when I paid her—I told my son when lie got up to take it to her.
MARGARET WHITE . I have lent Mrs. Welsh money several times—I cannot say when—she owes me now five or six shillings—she has not paid me any back, only a sixpence three weeks ago—I lent her the greater part of it months ago—the means she had of paying me back was by going out to wash—her boy did not come to me on the 3rd of Dec.—I did not see him till they let me in to see him at Newgate—I think his mother owes me 6s. 8d., or 6s. 9d.; but I know whatever it is she is honest enough to pay—she bears a most excellent character as an honest hard working woman.
MICHAEL REED . Mrs. Welsh met me outside the Court yesterday she said, "Are you the man that has got my boy?—I said, "Yes"—she told me she gave her boy 6s., two half-crowns and a shilling, to pay a bill with.
Witness. I was with Mrs. Welsh at the time she said to this policeman, "What was the money? I understood the money taken from the person was two half-crowns"—he said, "You are quite mistaken, it was a 5s. piece"—she said, "I gave my son a 5s. piece"—he said, "Was there any marks on it?"—she said, "I cannot say"—he said, "There is, it has three marks on it"—I said, "It is very funny, as she is but a carpenter's
wife, that she should have time to mark money"—Mrs. Welsh did not say she gave her son two half-crowns—she said it was a 5s. piece—I will be on my oath this moment she said she gave her son a 5s. piece, and she understood it was two half-crowns found on the boy.
RICHARD ETHERIDGE (police-constable E 163.) I produce a certificate of the prisoner Miney's former conviction, by the name of John Bullen—( read—"Convicted on the 19th of Aug., 7th Vict., and imprisoned three months")—the prisoner is the person.
WELSH— GUILTY . Aged 15.— Transported for Ten Years .
THOMAS— GUILTY . Aged 15.— Confined Two Months.
MINEY— GUILTY . Aged 11.— Transported for Ten Years .
JOHN CROFT CARLY . I am a wine-merchant, and live in Winchester-street, Salisbury. About the middle of the day, on the 29th of Nov., I was walking in Ratcliff-highway—I felt a pull at my coat—I put my hand into my pocket, and missed my handkerchief—I saw my handkerchief in the hand of the prisoner, who was just behind me—I said, "Halloo, my friend, that is my handkerchief, if you will allow me I will take charge of it"—he said, "I was just going to give it you, sir, I picked it up"—I said, "That is impossible, for it is very dirty, and there is no dirt on it"—there was another man, who held out his hand towards the prisoner, as I thought, take it—I had a friend with me, and I said to him, "If you will take to one of his arms I will take him to the station"—the prisoner said he was a married man, and had two or three small children, and bad been very much in distress, and was not in the habit of doing such things—I said, "I would have given you half-a-crown if you had told me you was his in distress"—he said he was very near-sighted, and asked me to look at his eyes—I said, "It is no place to look at your eyes here"—he then became very restive, and tried to get away—he struck my friend, and struck me, and cut my under lip—my friend called out "Police!" and the officer came to our assistance—this is my handkerchief.
Prisoner. When you turned round I did not conceal the handkerchief; I was giving it to you after I picked it off the ground.
Witness. He had not time to put it into his pocket—I turned immediately, and saw the handkerchief screwed up in his hand.
ROBERT HURST . I am a gas-fitter, and live hand in Ratcliff-highway. I was at my shop door, and saw the prosecutor pass—I saw the prisoner draw a handkerchief from his pocket—I was going to speak to him, but he found it out himself, and turned round.
Prisoner. Q. Were there one or two men walking beside the prosecutor? A. I do not know that I saw any man—I saw you draw the handkerchief from his pocket—I could not ascertain whether any part of it
was hanging out of his pocket—I was looking at you as I was standing at my own door.
JOSIAH CHAPLIN (police-constable H 124.) The prisoner was given into my charge by the prosecutor and his friend—he was making a violent resistance to get away—he said he picked up the handkerchief to give to the gentleman.
Prisoner. Q. Did you see me strike either of the gentlemen? A. No—he was struggling to get away, and making a violent resistance—there was a spot of blood on his lip.
Prisoner's Defence. All I did was I picked it up, and then the gentleman said I took it out of his pocket; I said if I could not see to work, I could not see to take his handkerchief; and I would not go innocently; then I struck him, but no blood was on him, and my face was covered with blood, as I was knocked about in the struggle.
JOHN SHERER (police-constable H 284.) I produce a certificate of the prisoner's conviction, by the name of William Tapping—(read)—"Convicted on the 28th of Sept., 7th Vict., and sentenced to three months' imprisonment."
GUILTY . Aged 23.— Transported for Ten Years .
THOMAS COPE . I am in the service of Mr. Thomas Johnson, an auctioneer, who lives in Gracechurch-street. On the 19th of Nov. I missed a double-barrelled gun from his plate-room—this is the gun—I had seen the prisoner there on different occasions.
Cross-examined by MR. HORRY. Q. Is there any mark on it? A. Yes, "Askew, London," in gold letters—I saw it safe at half-past ten o'clock, and missed it a little before four—I will not swear whether the prisoner was there that day or not—Askew is a well known gun-maker, but a gentleman asked me to buy this gun in for him, and I noticed it particularly.
Cross-examined. Q. How many persons pledged that day? A. I cannot tell—from 150 to 200—I cannot tell who was the person who pledged before the person who pawned this gun, nor the person after—the person who pawned it took the ticket for it, and went away—that was all the time I had of seeing him—I do not know all the persons who come to pawn, but if any person pledged a thing that was stolen, I might by confronting the party, know them—on the morning but one afterwards, a policeman came to me about this—I saw the prisoner again on the Saturday week after the gun was pawned—he was not pointed out to me as the person who was taken into custody on suspicion of stealing the gun—I was taken to a yard at Clerkenwell prison—a number of persons were turned out, and I selected him amongst all the number—I did not notice his dress, I noticed his features—I have no interest in his conviction—if he is convicted I shall lose my pledge.
COURT. Q. Had you ever seen the prisoner before? A. Not that I know of—I do not recollect the parties by name who pawn articles, but when I see a party I have an opinion whether they have pawned an article—most
of our customers are well known to us—if a stranger were to pawn a valuable article we notice him more particularly.
JURY. Q. Could you have given a description of the prisoner? A. I do not know—I might—there was a notice in our Gazette, and I wrote to Mr. Cope—I gave a partial description of him—a person came to me and said there was a person in a certain place, and I went and saw the prisoner amongst a number of others, and pointed him out.
MR. HORRY. Q. Do not you know he has been discharged for what he was in charge for? A. He has been discharged since, but he was not tried at that time.
WILLIAM EDMONDS (City police-constable, No. 528.) The prisoner was in custody for cutting some cloth at Robins's auction-rooms, Coventgarden—he was discharged for that, and I was waiting to take him on suspicion of the gun.
JURY. Q. Had you any other gun with that name? A. No, nor any other double-barrelled gun—we bad one old single gun—this is a percussion-gun—we had a ticket on it, but that was off when we found it again.
GUILTY . Aged 50.— Judgment Respited .
ELIZABETH HUGGINS . I am the wife of Robert Huggins—we live in Union-street, Spitalfields. The prisoner was in my service for four days—I was going to discharge her, and she left about half-past eight o'clock in the evening, on Wednesday, the 11th of Dec.—after she was gone I missed my purse, which contained a sovereign, four half-crowns, eight shillings, and some coppers—I have not seen my purse since—she told the policeman she lost it out of her bosom—she told me she had spent the money with the exception of buying herself a bonnet, which came to 4s. 6d., and she said she was very sorry for it—I had taken her as an orphan—I was about to part with her because she did not suit me—I had told her about an hour before that she did not suit me—when she went at half-past eight, I knew she was going for good—she said a girl tempted her to take the purse, that she went to thread a necklace, and the girl told her whatever there was to take it.
JURY. Q. Did you have a character with her? A. No—there was a bill up in my window, and though she was a much smaller girl than I wanted, I took her out of charity.
FREDERICK LITCHFIELD (police-constable M 50.) I took the prisoner into custody last Sunday—I told her it was for robbing her mistress, Mrs. Huggins, in Union-street—she said she did, that she had spent the money, and was very sorry for it, and she said the same to her mistress.
GUILTY . Aged 16.—Recommended to mercy by the Jury and Prosecutrix. Judgment Respited .
NEW COURT.—Thursday, December 19th, 1814.
Sixth Jury, before Mr. Recorder.
GUILTY .—Aged 12.— Confined Three Months.
GUILTY . Aged 18.— Confined Nine Months.
GUILTY . Aged 36.— Confined Nine Months.
HENRY PALMER . I live at No. 12, New Church-street, Portman-market. On the night of the 11th of Dec., I saw the prisoner near Mr. Foster's shop, which is at No. 10—I watched him, and saw him lay his hand on a bit of pork—he then came and bought a potato of a man in the street—I went in, and when I came out the prisoner was gone—I turned up Thayer-street, and saw him covering something with a handkerchief—I told the officer.
JOHN THRUSSELL . The prisoner was pointed out to me by Palmer, about a quarter before ten o'clock at night, on the 11th of Dec., I saw him with a handkerchief covering over this piece of pork—I asked him what he had there, he said, a piece of pork, which he got at a shop in the Edgwara-road—I said, "Come with me, and show me that shop"—I was taking him there, and he said, "Oh no, a drunken man gave it to me, coming along Church-street"—I took him to Mr. Foster, he said it was his property, and he had cut a rasher off it a quarter of an hour before—the prisoner said he had not stolen it—he put down a shilling, and said, "I will pay for it."
Prisoner. When I first came in with the policeman, you said you did not know it.
Witness. I looked at the pork, and said, 'Yes"—you threw down a shilling to pay for it.
Prisoner's Defence. A man in liquor passed by me, and said, "Here is a piece of pork;" I stood there with it in my hand for five minutes, before I put my handkerchief over it; I made no attempt to go away; I had money in my pocket to buy meat if I wanted it.
RICHARD HANCOCK (police-sergeant T 10.) I produce a certificate of the prisoner's conviction, which I got from Mr. Clark's office—( read—Convicted on the 21st Oct., 3rd Vict., and transported for seven
years)—the prisoner is the person, arid I have had him three times in cutody since.
GUILTY . Aged 25.— Transported for Seven Years .
249. JOHN SAMS was indicted for stealing, on the 4th of Nov., 1 watch, value 1l. 10s.; 1 watch-chain, 2s.; 2 waistcoats, 10s.; 1 pair of trowsers, 10s.; 1 shirt, 2s.; 1 pair of stockings, 1s. 6d.; 1 handkerchief, 2s.; 1 shawl, 2s.; 1 neckerchief, 4d.; 1 smock-frock, 1s.; and 1 bag, 6d.; the goods of Thomas Foster: 1 coat, 1l. 10s.; 1 cork-screw, 1s.; 1 sovereign, and 1 half-sovereign; the property of Thomas Mullett, his master; in a boat on a navigable canal.
THOMAS MULLETT . I am captain of a canal boat, called the Providence. The prisoner came to me at Box-moor, about the end of Oct.—he applied to go with the boat to Brentford, and proposed to work for his victuals—he joined the boat, and went with me to Brentford—on the 4th of Nov. I left him in the boat, against Brentford-lock, near the bridge—I came back about nine o'clock in the evening, and found I had lost a new velveteen jacket, a sovereign and a half-sovereign, and a cork-screw—the prisoner was absent—he had not told me that he should not stop.
THOMAS LESTER . I am a boatman, and was employed by Mr. Mullett. I left the boat on the 4th of Nov., and left the prisoner in charge of it while I went to look after a horse at Brentford—I returned to the boat in about half an hour—the prisoner was gone—I went into the cabin—I found one cupboard with the lock broken off, and the other cupboard was unlocked—I missed two waistcoats of mine, a pair of trowsers, a shirt, my stockings, my silk hankerchief, a half neck-handkerchief, a watch, and other things—I took the horse, and went in pursuit of the prisoner, but could not find him—he had left his own waistcoat in the cabin, which he had on when I left him—it was worth very little—my clothes were gone, and have never been found—when I saw the prisoner again he was in custody of the officer at Berkhamstead—he called me to his bedside and asked if 6l. would make it up—he was then in bed in the constable's house—I said I had nothing at all to do with it.
WILLIAM GRIGGS . I am a constable. I apprehended the prisoner, in Buckinghamshire, on the 28th of Nov.—I did not tell him the charge when I took him—I went to the cell to him the next day, and he asked me where Lester and Mullett were—he did not say any more then, but in the afternoon he said to me that he would give 100l. if he could get out of it—I produce a waistcoat.
Prisoner's Defence. I know nothing about it; I shut the cabin-door, and went right away home; I could get more food at home than I could get with him; I worked hard all day, and had but one bit of victuals; I should never have started home if there had been food on board; if you knew all, he has more right to stand here than I have; if I get my liberty I will tell it, I will let him know it; he would not give me my wages for what I had done, and he was not willing for me to leave him.
THOMAS MULLETT re-examined. I had not offered him any wages—a man came to our boat, and offered him 12s. a week and his washing and mending, if he would go and work for him—I did not prevent his going, but lie would not go.
GUILTY of stealing only. Aged 18.— Transported for Seven Years .
JAMES BLACK . I am a wine-porter, and live at Lambeth. On the 12th of Dec. I was in Little Russell-street, Covent-garden—I noticed the prisoner and another lad—the prisoner was standing inside the doorway of a tobacconist's shop for nearly twenty minutes, and running backwards and forwards, as if waiting for an opportunity—this attracted my attention, and I watched him and his companion to Drury-lane—they went to a pie-shop, and then the prisoner went to a hatter's shop, he went inside the door, and reached this hat down—he came out, put it on his head, and carried his cap in his hand—he was about moving off, when I ran across the road—he saw me, and threw this hat down—I took it up, and called, "Police!"—the prisoner then disappeared down a small passage—I ran down after him—a neighbour told me a lad had run into the first house—I went in there, and saw a woman with a light—I told her I wanted somebody who had come in there—she said no one had come in there, and she blew out the light—there had been a light in the right-hand room, and that was put out at the same moment—I waited till the policeman came—he and I went into the right-hand room, and there was the prisoner on the bed, with his cap and coat and shoes off—he said he had been in bed all day—I asked him if he belonged to that cap which was on the floor—he said, "Yes"—I said, "You are the person I want"—he said, "I heard you say to the policeman that a boy ran down here that stole a hat"—I had not mentioned anything of the sort.
WILLIAM FARRENDEN (police-constable F 36.) I was on duty in Drury-lane, on the 12th of Dec.—I heard a call of "Police!" in Orange-court—I went to the house, where I saw Black with this bat in his hand—he and I went into the room, and saw the prisoner on the bed, and he was given into my custody—he said he heard the witness tell me that a person had stolen a hat from Drury-lane, and run down Orange-court, but on one had told me so—he said he had been in bed all day, and had just got up—he had his waistcoat and trowsers on—his coat, cap, and shoes were off.
Prisoner. I was just putting my waistcoat on when the policeman came in; he was drunk at the time and calling me all manner of names; a woman who lives in the garret was in the house; she heard somebody call out about the hat.
Witness. I was not drunk—I called him no names—there was no one said anything about the hat but the prisoner—he said that the witness told me that somebody stole a hat from Drury-lane—that was not true.
BENJAMIN JENKINS . I am a hatter, and live in Drury-lane. This bat is my property—it is a hat with oilskin outside—gentlemen wear them for fishing and other things—I had made it for a customer—I had no more of them—it hung by this string, which is on it now—it is worth 1s., trade price.
Prisoner's Defence. I was in bed all day; my mother had been out all night, and I was forced to wait till she came home at seven o'clock in the morning; the witness came in and said, "You are the one, I can swear by this cap," which was in the room, but I had not worn it all day.
on 21st of Aug., in the 7th Vict., of larceny, and confined twelve months)—the prisoner is the person—I have known him seven years—he bas been in custody a number of times, and summarily convicted.
GUILTY . Aged 17.— Transported for Ten Years .
251. GEORGE CASTLE , HENRY BOGGIS, alias Flynn , and JAMES M'PHIN, alias Whelpdale , were indicted for stealing, on the 3rd of Dec., 1 pair of boots, value 4s. 6d., the property of John Yates; and that M'Phin had been before convicted of felony; to which
CASTLE pleaded GUILTY . Aged 14.— Confined Six Months.
BENJAMIN CLARK . I am errand-boy to Mr. Stover, who is a shoe-maker, and lives in Whitechapel-road. About half-past four o'clock on the 3rd of Dec. I was out on an errand, and saw the prisoners together nearly opposite the prosecutor's—I had seen them about the road in company for about three weeks or a month, and I knew them to be acquainted—I heard M'Phin say, "Let us cross the road "—they crossed, and passed the prosecutor's shop—I watched them, and Castle walked by the shop two or three times—a lady came to the door—Castle watched her in, and then he took a pair of boots off the hook by the door-post—the other two prisoners were a few doors past the shop, and their heads were turned from it—they were near enough to have seen the shop—Castle gave the boots to M'Phin, and he and Boggis crossed the road, and began to throw stones at one another—they then went down St. Mary's-street, and ran off together—Castle ran on, and a policeman caught him—I saw Mr. Yates come out, calling, "Stop thief!"—I gave information of what I saw, and the next morning I saw Boggis pass my master's shop, which is opposite White-chapel church—I knew him again, and gave him into custody—I saw. M'Phin. again on Wednesday evening, and gave him into custody—I have not the slightest doubt that the prisoners are the boys I saw.
M'Phin. When he saw Castle give me the boots why did he not tell Mr. Yates where I was, and why did he not give me into custody; while I was picking up stones? he had time to give me in charge.
Witness. I did not see a policeman—my eyes were on Castle while the other two were in the road—they made off as soon as Mr. Yates came up—Castle had gone down the road.
Boggis. We were at the Pavilion theatre that night; I know nothing about it.
M'Phin. We were round the playhouse door about five o'clock.
Witness. This was about half-past four—the street they ran down is on the same side as the Pavilion is.
JOHN YATES . I am a shoemaker, and live in Whitechapel-road—I was at my cutting-board at the back of my shop on the 3rd of Dec.—a little child of mine gave an alarm—I ran to the door and pursued the prisoner Castle—I could not catch him—I called "Stop thief!" and the policeman caught him—when I first went out, Castle had a pair of boots in his hand—he gave them to a boy taller than himself; but I could not swear to the boy, as my attention was directed to Castle—when Castle was stopped he denied it, but Clark came up and said, "I know all the thieves, I have watched them for the last three weeks, they have been about our door watching the boots and shoes; if you will keep it quiet I can take them all;" and he did—I missed the pair of boots from the shop
door-post—my wife had been just before at the door—she left, and weal into the parlour, and at that moment, it appears, the boots were taken from the door-post.
JAMES OTWAY . I live with my father, who is a gardener. On Tuesday evening, the 3rd of Dec., I saw Castle near Mr. Yates's shop window—I saw a lady at the door—she went in, and Castle took a pair of books off the hook, and gave them to a bigger boy than himself, with a velvet coat on, and ran towards Mile-end gate—M'Phin looks like the boy be gave the boots to—I believe him to be the same.
THOMAS GREEN (police-constable H 136.) I was on duty on the 3rd of Dec.—I saw Castle running, followed by the prosecutor—I stopped Castle—he said, "I have nothing; I have done nothing"—Clark came up and said that Castle took the boots, and gave them to another boy with a velvet coat.
EDWARD BURGESS (police-constable H 198.) I received M'Phin into custody—I told him it was for a pair of boots that he stole out of Whitechapel the other evening—he told me he was at the Pavilion—I asked him if he knew Castle—he said he did not—I had not mentioned the time when the boots were stolen.
M'Phin. Castle stated to Boggis that he cut them down with a knife, and chucked them over the almshouse garden.
THOMAS WEST (police-constable M 249.) I produce a certificate of M'Phin's former conviction which I got at Mr. Clark's office—(read—Convicted on the 10th of June, 7th of larceny from the person, and confined three months)—the prisoner is the person who was then tried by that name.
BOGGIS— GUILTY . Aged 15.— Confined Six Months.
M'PHIN— GUILTY . Aged 18.— Transported for Ten Years .
252. WILLIAM EDBURY was indicted for stealing, on the 14th of Dec., 1 half-sovereign and two shillings, the monies of the Earl of Lonedale, her Majesty's Postmaster-General.—2nd COUNT, of James Smith,—3rd COUNT, of Walter Robinson Sculthorpe.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
WALTER ROBINSON SCULTHORPE . I am a president in the London district of the General Post-office. I marked two shillings and a halfsovereign, so as to swear to them again, and on the 13th of Dec. I enclosed them in a letter addressed to Mr. Smerdon, Chapel-street, Islington—I sealed it, and gave it to Mr. Blott, a gentleman in the Inland-office, at half-past two o'clock, to be sent to the London District-office—in the early part of the morning the prisoner, who was employed in the office, came to take the letters from the boxes, and when I came to my duty on Saturday morhing, the 14th of Dec., at seven o'clock, I immediately searched the Islington letter-box, where the Islington letters are sorted out to, and not finding the letter there that I had sent, I mentioned it to my brother president and the superintending president, and he ordered all the parties whose hands the letter might have passed through into the president's room—one of the porters was searched, and nothing found on him—the prisoner was then searched, and out of one of his pockets was taken 2s. and some coppers, and out of another pocket a purse and some
other money—the superintending president said, "Look at that money," and I saw the two shillings which I had marked and enclosed in the letter the day before—the prisoner was given into custody immediately—he made no remark—the half-sovereign was not in his purse, or about him, nor was the letter, but he had had time to make away with the letter, and to have changed the half-sovereign.
Cross-examined by MR. DOANE. Q. When did you mark this money? A. On the 3rd or 4th of Dec.—I marked two sovereigns, four half-soveregins, ten shillings, and two half-crowns—I marked them all alike—I then locked up all the money in my private drawer at the Post-office, and in a few days or a week afterwards I took that money all out except two shillings and one half-crown, and enclosed it in different trap letters, to endeavour to detect the guilty parties, in consequence of the frightful losses which have been sustained in the Post-office—I made up six trap letters, in which I enclosed this money, and I got every shilling of the money back again immediately—the letters passed through my hands the same day, which was about the 11th of Dec.—it was on a Wednesday—I locked the money again up in my private drawer, and on the 13th I made up six more letters, and put the same money in as I had before, leaving still two shillings and one half-crown—I cannot say that any one was present when I put the half-sovereign and the two shillings in the letter directed for Mr. Smerdon—I delivered it to Mr. Blott—I am quite sure I made no mistake as to the coin I put in each letter—I came there at seven o'clock the next morning, which is my proper time—there were other persons there on duty—the sorters come at six o'clock—the superintending president was not there when I got there—a great many letters had come through the tunnel—Mr. Blott sent them through in that room—at seven o'clock there would be eight or nine sorters there, and a table for each sorter—the district sorters would sort the letters into roads, and then the clerks would sort them again into boxes—there would be fifteen or sixteen clerks in the room, all engaged in sorting, and I as the president, looking over them all, to see that they did their duty—Mr. Smith, the other president, came about seven o'clock—I might be there five minutes before him—he was in the same room, and sat rather at a commanding place, and we were watching—the prisoner had nothing to do with sorting the letters—when they came from the tunnel he had to take them out of the box and take them to the sorters, and then when sorted he might carry them to the clerks to sort them again to the boxes for Islington, Holloway, and different places—this particular letter would be sorted to the Islington box—that would be the Barnet-road—the clerks would look that they were right, and would tie them up in bundles, to take them to the officers at the roads—they put them into bags after tying them up—the letters come in a box through the tunnel, not sorted or tied up, but all loose in the box—a porter then receives the box—the prisoner then takes them out of the box to the sorters, and the porter sometimes assists, him—about 1000 letters may come in the box from the tunnel at one time—theprisoner takes them to the sorter's table and lays them down—before that is done the letters are sometimes placed on a board by the porter and put in rows—that is the porter's duty and the prisoner's duty—if that was done on that occasion it was done before I got there—I found the prisoner there, and the porter was there on duty—I remained
in the room till about nine o'clock—the clerks did not leave for breakfast till a quarter or twenty minutes past nine o'clock, and then they were ordered not to be long, as some mails were expected—I did not see them go, for when the duty was finished I went into my private room—I cannot say whether the prisoner had left before I went into my room—I saw the prisoner again about ten minutes or a quarter past ten o'clock, when be and the others were ordered to come into the room, and the search took place—there were fifteen or sixteen there, and those were searched through whose hands the letter was most likely to have gone—the porter first, and then the prisoner.
MR. ADOLPHUS. Q. If I understand you rightly, having made up some letters on the 10th or 11th, and received them again, you made up some others on the 13th? A. Yes—they were to go different roads—I found all the letters that I had made up but this one, and I have got all the money back but one half-sovereign and two shillings, and on the prisoner I found the two shillings—he had been out between seven and ten o'clock, and in that time he might have passed the half-sovereign—when I had found this part of the only money I had missed, on the prisoner, I did not make any further search—I have got all the other letters with the money in them in my pocket.
WILLIAM BLOTT . I am a clerk in the Inland-office at the Post-office, On Friday, the 13th of Dec., I received from Mr. Sculthorpe a letter directed to Mr. Smerdon, Chapel-street, Islington—it was sealed, and appeared to me by the feel to contain money—I locked it up in my desk, and the next morning, at twenty-five minutes past six o'clock, I placed it in one of the boxes with other letters, in front of a row, to be sent to the London District-office—the boxes are divided into four or five departments, and they are conveyed through a tunnel—I gave this box to one of the regular men to be conveyed to the tunnel—I cannot say which.
WILLIAM CURLING . I am a letter-carrier in the Post-office. It is my duty to take from Mr. Blott the boxes which are to pass through the tunnel, from the Inland-office to the London District-office—on the 14th of Dec. 1 took all the boxes that were given to me, and placed them in the tunnel-room—I do not put them through the tunnel—there is a man on purpose, for that.
Cross-examined. Q. About what time did you send it through the tunnel? A. I suppose between six and half-past six o'clock—I cannot say how many boxes I sent that morning—I and Strong were the only persons on duty to fill the boxes—Andrews was in the tunnel-room ready to receive the boxes—there was a man sorting newspapers in the room—I cannot tell his name.
WILLIAM STRONG . It is my duty to convey the boxes from the Inlandoffice to the tunnel-room—I was on duty on the 14th of Dec., and took the boxes which were delivered to me—there is only a door-way from the Inland-office to the tunnel-room.
——ANDREWS. I am a messenger in the Post-office. On the morning of the 14th of Dec. some boxes were brought to me in the tunnel-room—I put them on the tunnel to send them to the London District-office.
JAMES ELPHICK . I was on duty at the Post-office on the 14th of Dee.—it is my duty to remain in the London District-office, and to receive all the boxes that come through the tunnel—I took the letters out of the
boxes that morning, and placed them on the board as usual—it was the prisoner's duty to take them from the board to the sorters.
Cross-examined. Q. Did you see the prisoner carry the letters? A. I did—it was about half-cast six o'clock—I remained till I had received all the boxes—it was then about twenty-five minutes past six—I then went to unlock the doors, and came back to my duty as usual—I carried some of the letters to the sorters as usual.
JAMES SMITH . I am one of the Presidents in the Post-office. I saw the prisoner on duty at the office on the 14th of Dec., about seven o'clock in the morning—I afterwards saw a parcel of copper taken out of his pocket, and two shillings with it—Mr. Sculthorpe had shown me some money—I saw him mark it all—I cannot say that I saw these two shillings taken from the prisoner, but a moment, did not elapse before Mr. Sculthorpe said, "That is my money"—the money I then saw was some of the money Mr. Sculthorpe had marked.
COURT. Q. When did you see him mark it? A. I cannot say when, but some months since, and some weeks afterwards an additional mark was put on it.
Cross-examined. Q. When did you first see marked money shown by Mr. Sculthorpe? A. I cannot say—five or six months ago—I have not seen a great deal of marked money—I think there were two sovereigns he showed me—I do not think there was any silver—I cannot say when I first saw any silver marked—I have a memorandum here of my writing—this is dated on the 29th of Aug., and it was about that period he changed a half-sovereign with me for 10s.—it was about that period, I saw silver marked—I suppose I saw 10s. marked—I do not remember seeing silver marked more than once.
Q. When was it you saw the money we are how talking about? A. Last Wednesday evening about eight o'clock—it was put into letters—I saw Mr. Sculthorpe fold the letters up, but I did not see him put the money into this letter—I never saw this letter—some of the clerks have their breakfast in the Post-office—somebody is allowed the privilege of furnishing it to them in the kitchen, that instead of going out they may have it there—in case of money being found it is the duty of the clerk or the finder to bring it to the president—that happens continually—I remember the prisoner bringing me a letter with a small coin in it, and he brought me a smaller coin, which he picked. up—I cannot say whether it was a sixpence or a fourpenny-piece, but it was entered in the diary which is kept—he brought me a letter with half-a-crown in it on one occasion.
ROBERT TYRRELL . I am the police-officer at the Post-office. At twenty minutes past ten o'clock on the morning of the 14th of Dec., I searched the prisoner—he was the second person I searched—I found on him these two shillings, 5 1/2 d., a sixpence in silver, and in this purse two half-crowns, one shilling, and two 4d. pieces—after I had given him a caution, and told him what he said might be used as evidence against him, I asked him how he accounted for these two shillings—he said that he changed a sovereign the day previous, a few minutes before two o'clock, as he was coming on duty, of Mr. Stevens, at the Goldsmith's Arms, at the back of the Postoffice, and these two shillings must have been part of the change—he said he had half-a-sovereign, and the rest in silver—I told him in searching a drawer in his house I had found a purse, containing a sovereign and a half-sovereign and 10s. in silver—he said, "Yes, the half-sovereign was the
one I had in change of the sovereign, which I put there at night when I went home"—he was in custody from the time I found this money on him.
Cross-examined. Q. You have been an officer many years? A. Yes—I believe I searched the prisoner very accurately—I looked after the half-sovereign, but could not find it—I do not know that I was aware then that there was a half-sovereign missing—I knew it afterwards—the search was in presence of the president.
MR. SCULTIIORPE re-examined. These two shillings are the identical money I marked and inclosed in the letter—here is on each of them a mark behind the left ear, a scratch in front of the nose, and a cross on the crown—I never in my life marked any other money than what I have mentioned, and with these two shillings it is all come back except the half-sovereign,
Cross-examined. Q. Are these part of the ten shillings you saw on the 29th of Aug.? A. Yes, or soon after—the silver was had of me on the 29th of Aug.
BENJAMIN SOMERS . I live at No. 22, Gutter-lane, near the Post-ofice. The prisoner changed a half-sovereign with me on the morning of the 14th of Dec., at near ten o'clock—I do not know what has become of that halfsovereign—I do not know that I paid it away—I took no notice of it—I remember a person coming and inquiring of me—I cannot say whether I had passed the half-sovereign away before that—I had several—I had no marked half-sovereign in my possession then.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes—I mean to swear that I have no recollection of what I did with that half-sovereign—I was applied to on the 16th—I then recollected that I had paid away a half-sovereign on the Saturday to my young man, between eleven and twelve o'clock—I believe my young man went with the Postoffice authorities, but he is not here—the prisoner owed me an account—he called on the Friday for the purpose of paying it—I was not at home—my wife did not know how the account was, and would not take it—there were two half-sovereigns I passed in change early on Saturday morning before I received the one of the prisoner—after I received that I did not pay any to my knowledge, except to my young man.
ROBERT TYRRELL re-examined. I communicated with the young man who had received the half-sovereign from Mr. Somers—he had given it to his mother—she had paid it away, and it had got to a baker's—I went there, and they had but one, and that had no mark on it all—Mr. Somers said he might have passed several more, and taken no notice of them.
GUILTY . Aged 39.— Confined Two Years .
253. GEORGE REEVES and EDWARD EDWARDS were indicted for stealing, on the 28th of Nov., 1 hamper, value 2s.; 24 bottles, 6s. 6d.; and 4 gallons of wine, 3l. 8s.; the goods of Edward Henderson: and that Edwards had been before convicted of felony.
ROBERT BEA DEN . I am a trowsers and breeches maker. On the 28th of Nov. I was in Compton-street between eight and nine o'clock at night—I saw a cab come in a direction from Piccadilly—it pulled at the corner of Stacey-street and Compton-street—the two prisoners got out of it—a hamper was taken from the foot-board, and Edwards assisted Reeves
to take it on his shoulder—Reeves walked down Stacey-street with it, and Edwards followed him—they rossed to Phoenix-street—I told a policeman, and we walked down, and saw Reeves had got the hamper down on the ground, and he was reaching to the top bell of No. 11, Phoenix-street—the policeman made a stop, and looked, and we walked on three or four doors further—we then turned to look at Reeves again, and he was gone—I assisted the policeman in taking the hamper to the station—I had lost sight of Edwards before I got the policeman—I knew him before, and I have not the least doubt about him or the other prisoner.
Cross-examined by MR. PAYNE. Q. Did you know Reeves before that night? A. No—he had a dark frock-coat on—he had no great-coat on—he had the hamper on his shoulder, and his hat in his hand—I said at first that I did not know Reeves, but then I had not looked at him sufficiently—I had not seen him before he was put to the bar—I had had a little conversation with the policeman.
COURT. Q. Your attention was drawn to him? A. Yes.
JOHN ALLEN (police-constable F 126.) I was on duty in Phoenix-street on the 28th of Nov.—Beaden gave me some information, and I watched Reeves with the hamper—I am quite sure he is the person—he had the hamper down against his knees, and he was pulling the top bell of the house—I passed him, stared hard at him in the face, and in about half a moment he went off, leaving the hamper behind him—this is it—I took it to the station, and found two dozen of wine in it.
Cross-examined. Q. All you saw was a hamper on the ground, and Reeves ringing a bell? A. Yes—I did not see the hamper in his possession, but standing against his knees.
WILLIAM BARKER . I am foreman to Mr. Edward Henderson, a wine and spirit merchant, who lives at No. 166, Piccadilly. I packed up a hamper with two dozen bottles of port wine in it, on the 28th of Nov.—I put it close by the shop-door, inside the shop—I missed it the next morning—my master puts a seal on his wine, "E. Henderson, No. 166, Piccadilly—port"—I find that seal is on these two dozen bottles—this hamper is such a one as we use, and such as I missed—that was worth about 2s., the bottles about 6s., and the wine, 3l. 8s.—we always leave hampers in the shop till they go to the cart—the access to it is by two folding-doors.
Cross-examined. Q. Are you sure this is port? A. I bottled it my self—here is no mark on it but my master's general seal—thousands of bottles go out marked in this way.
MARY ANN JONKS . I live in Phoenix-street. I remember the night of the 28th of Nov.—I heard my mother's bed-room bell ring—I opened the street-door, and saw the policeman and another person passing—I closed the door—I came out just after, and saw to persons at the corner of Phoenix-street and Stacey-street—I could not swear to Reeves, but to the best of my recollection he is one of the men—he was quite in a perspiration, and had his hat off—I heard one of them say, "By G—he is at the top of the street with his hat off!"—the hamper was set down at our door—I did not know either of the prisoners before.
door-way—I was in a spot where persons standing at the corner of phoenix-street and Stacey-street, could see me—I was the person they alluded to.
HENRY SMITII (police-constable A 28.) I produce a certificate of Edwards's conviction by the name of "John Fellows,"which I got from Mr. Clark's office—(read—Convicted on the 23rd of Oct., 7th Vict., and m. prisoned twelve months)—he is the person.
REEVES— GUILTY . Aged 22.— Confined One Year .
EDWARDS— GUILTY . Aged 25.— Transported for Ten Years .
Before Edward Bullock, Esq
254. EDWARD VIVER was indicted for stealing, on the 6th of Dec., at St. Marylebone, 1 watch, value 7l. 10s.; 1 watch-chain, 7s.; 1 coat 4l. 16s.; 1 hat, 18s.; 1 cap, 6s.; 5 waistcoats, 3l. 17s.; 3 neckerchiefs, 1l. 8s.; 1 jacket, 1l. 8s.; 2 pairs of pantaloons, 6s.; 1 purse, 6s.; 14 sheets, 2l. 16s.; 14 handkerchiefs, 7s.; 3 pairs of stockings, 1s.; 3 boots, 16s.; 4 shirt-fronts, 5s.; 4 curtains, 12s.; 2 shirts, 6s.; 5 towels, 4s.; 1 sofacover, 2s.; and 1 pillow-case, 1s.; the goods of Louis Jean Auguste Belange, his master, in his dwelling-house.
LOUIS JEAN AUGUSTE BELANGE (through an interpreter.) I am a cabinet-maker and upholsterer, and live in Charles-street, Middlesex Hospital; I occupy a shop at the bottom of the house, and have a room to live in at the top; the prisoner was in my employ as a journeyman. About eight o'clock on Friday evening last, I told him to fetch some. beer and some milk—we were both in the shop at the time—he went out with two jugs, and did not return—about a quarter of an hour afterwards I missed from my waist—coat pocket the key of my room up stairs—I went up and found the door open, and the key in it—on going into the room, I found my trunk broken open—there were three locks broken—I went down, called a friend, returned with him, afterwards had a policeman in, and then missed my gold watch from the top of the trunk, and a mosaic chain attached to it—I missed all the articles stated from the trunk—I had seen the watch safe at nine that morning, and my trunk was then locked—I afterwards west with a friend to Mr. Brown, in the City, and gave information of the robbery.
JOHN DIXON (City police-constable, No. 619.) On Saturday morning, about a quarter-past ten o'clock, the prisoner was given into my custody by Mr. Brown, in Gravel-lane—he said something in French, which I did not understand—Mr. Brown said to me that the watch and chain was on his neck—he was then about to make off—Mr. Brown spoke to him in French—I saw the guard on his neck—it looked like gold—on our way to the station he managed to take the guard from his neck—I searched him at the station, and found on him a red silk purse containing 12s. 5d., a duplicate for four waistcoats, one jacket, a scarf, and a neckerchief—not finding the watch on him, I immediately returned to see whether he had thrown it away—he effected his escape from me at the station, and ran down Bishopsgate-street and Liverpool-street—I pursued him—he ran into a place where there is an infant-school, and into an out-place, which was dark—I lost sight of him for a moment, and then saw him in a room, lying on his back—I took him again—this chain, which was found with the watch by the sergeant, is exactly like that which I had seen round his neck.
HENRY FINNISS (City police-sergeant.) On the Saturday morning, about half-past eleven o'clock, I received information from Dixon, and went to a privy at the back of the infant-schools, and found this watch on the top of the soil of the privy—it appears to have been bitten in places, as if it had been in his mouth.
GEORGE VILE . I keep the Box Tree public-house, in Gravel-lane. On the Saturday morning in question, Mr. Brown called on me, and gave me some information—about half an hour after that the prisoner called at my place—I knew him before by sight—I sent for Mr. Brown, and, in consequence of what he told me, I looked at my clock, and asked if anybody had got a watch—the prisoner, upon that, pulled out one, and said, "Mine stops, and I have got no key to wind it up"—I saw it—it appeared like a gold watch—he had a chain hanging out, and the watch in his side pocket—he took what he called for, and left—during that time I had sent for Mr. Belange.
Prisoner. Q. When I was with you, what was my behaviour? A. I had nothing to say against you—you were employed by a person who boarded at my house, whom you came to England with, but you were not long with him.
CHARLES MARTIN . I am in the employ of Mr. Tingay, a pawnbroker, in Green-street, Soho. I produce some waistcoats, a jacket, and scarf, which were pledged by the prisoner—I did not know him before, but I can swear to him—I wrote the ticket for him, and served him—I could not swear to him but for the fact of giving him the ticket—the duplicates produced are what I gave the person pledging these articles.
MR. BELANGE re-examined. The watch and chain is mine, this coat and all the other things—he had lived with me three or four days.
MR. BELANGE re-examined. These things are all mine, except one coat, one pair of trowsers, and one cravat—I can swear to the hat—the house belongs to the merchant below—I do not know his name.
GUILTY of larceny only. Aged 26.—Recommended to mercy by the Prosecutor.— Confined Six Months.
EDMUND COLLINGRIDGE . I am a gilder and a refiner of gold and silver, living in Wilderness-row, Clerkenwell. I have employed the prisoner as a journeyman for the last month—I hired a room for him to work at, at Mr. Paley's, in Hooper-street, and supplied him with tools to enable him to perform his work,—I gave him a compass of my own to repair for me about the beginning of Nov.—I afterwards went to him in Hooper-street, and missed a lot of my tools—he was afterwards missing from Mr. Paley's, and I found my compass at the pawnbroker's—this now produced is it.
Prisoner. It is not Mr. Collingridge's compass by good rights; it was made for a Mr. Darby, but I was never paid for it; I own to pledging it.
Witness. It belongs to me—I did not employ the prisoner to make the
compass, but I took it to him to repair—he repaired me two others, which he brought back.
JOSEPH PALEY . I live in Hooper-street. I let a room to the prosecutor for the prisoner to work in—he came to work there—the prosecutor came on the 23rd of Nov. and inquired for him, but he had left my place with a silver case belonging to me—I do not know what had become of him.
Prisoner's Defence. I pledged the same compass about six months ago for Mr. Darby, who authorised me to do so; I consider it is as much my compass as it is Mr. Collingridge's; it is my own make.
GUILTY . Aged 24.
256. CHARLES TURNER was again indicted for stealing, on the 11th of Nov., 1 watchmaker's tool, called a depth-tool, value 6s.; 1 upright tool, 16s.; I fusee-engine, 1l. 10s.; and 1 notching-tool, 5s.; the goods of Edmund Collingridge, his master.
EDMUND COLLINGRIDGE . The prisoner was in my service—I hired a room for him at Mr. Paley's, to work in at my business, and as my servant—I supplied him with tools of my own to work with—this fusee-engine, this depth-tool, and this notching-tool are mine, and were given him to work with—I afterwards went to Mr. Paley's in consequence of information, and did not find the prisoner or my tools.
Prisoner. Q. How long before I left you was it that I pledged them? A. This tool I gave you to repair for your own work, and you went and pledged it the very same evening, or a day or two afterwards—I lent you the tools for fusee-cutting, on purpose to put you into business, merely out of charity—I did not give them to you—you never told me you had pawned them, or showed me the tickets—I asked you about this tool, and you said it had gone to have a new screw put to it—he might have used the tools for himself if he could have got a job.
JOSEPH PALEY . I live in Hooper-street, Clerkenwell. Mr. Collingridge hired a room of me for the prisoner to work in, and he had some tools from him—some were missing—an inquiry was made, and he left my place.
Prisoner's Defence. I own to pledging these tools, but not with any intention of robbing Mr. Collingridge of them; I had work about, which would have got them out, and which is now left unfinished; I told Mr. Collingridge repeatedly that I had pledged them, and it made me very uneasy; I could not bear to see him, or go to the shop; I was out along with a young man, who told me they were going to play a game of skittles for 10l., and I, like a stupid, said, "I have got some money coming to me in a day or two; I don't think Mr. Collingridge will mind; I will pledge these, and get them out to-morrow morning, or next day, if you will let me have the money;" I lost every farthing; it was a trap laid for me; I took the things to the engine-turner's, and they kept them longer than I expected; Mr. Collingridge came into the shop, and asked me where the tools were; I said it was all right; he went directly to the pawnbrokers,
and found the tools there; that was a fortnight after I had left Mr. Collingridge; he only employed me for about a week; the other work was all on my own account; I promised to get them out when the work was done; this engine-tool belonged to Mr. Darby, who I lived with fouryears; Mr. Collingridge was certainly very kind to me, and took me in when I was in distress; I know it was very bad of me to do what I have done, but I had no intention of robbing him.
GUILTY . Aged 24.— Confined Two Months.
NEW COURT.—Friday, December 20th, 1844.
Fifth Jury, before Mr. Recorder.
ELIZABETH CLAYWORTH . I am the wife of Joseph Clayworth; he is a poulterer; we live in Bishopsgate-street-Without. The prisoner worked for me as a charwoman on the 16th of Nov.—she left about seven o'clock in the evening—at ten I missed a table-cloth—I sent for the prisoner the next morning, and charged her with taking it—this is it—I went to Mr. Fry's, in Whitechapel-road, where it had been pledged, and saw it again—it is worth 8s. or 9s.—it has been stained with a cup of coffee.
Cross-examined by MR. DOANE. Q. You do not mean to say that this is worth 8s. or 9s.? A. Yes—I bought it about four months ago, and gave 11s. for it—I occupy apartments in thelouse—it belongs to Mr. London—his servant had waited on me, as one of the lodgers, previously, but she did not do so that week—this was on a Saturday—my husband had spilled some coffee on this cloth—the servant had not handed it to the prisoner to be washed—the servant had not been in—I sent for the prisoner on the Sunday morning—she at first strongly denied it—she afterwards told me she had got the cloth—I said if she would bring it back on the Monday I would forgive her—she said she would come back the next morning—the policeman said, perhaps she would leave her lodging, and he said, "I will take your ring in charge"—I would not let him take her, and he said if she would leave her ring perhaps she would come back; but it was a brass one—she came on Monday with a pawnbroker's declaration—she said she would bring the cloth in three hours, she had burnt the duplicate—she laid the declaration on the table, but she took it away again, and I saw no more of her till the policeman had her in charge.
JAMES WILLIAMSON . I am in the service of Mr. Fry, a pawnbroker in Whitechapel-road—I produce this table-cloth, which was pawned by the prisoner on the 16th of Nov., about, the middle of the day, in the name of "Ann Brown, No. 6, Union-street, Whitechapel."
Cross-examined. Q. Had you known her before? A. No—I never saw her before—I am certain she is the woman—she came on the Monday morning, and said she had lost the duplicate, and I caused a delaration to be given her.
prisoner's former conviction, by the name of Sarah Dupross, which I got at Mr. Clark's office—(read—Convicted on the 10th of May, 4th Vict, and transported for seven years, having then been previously convicted)—the prisoner is the person.
GUILTY . Aged 45.— Transported for Ten Years .
(There was another indictment against the prisoner.)
258. JAMES SANDFORD , GEORGE JAMES SAUNDERS , JOHN ROBINSON and JOSEPH PRIESTLEY , were indicted for stealing, on the 26th of Nov., 2 iron bottles, value 10s.; and 1401bs. of quicksilver, value 30l.; the property of William Golding, the masterof James Sandford. 2nd COUNT, of Anselmo de Arroyare.
MR. CLARKSON conducted the Prosecution.
WILLIAM GOLDING . I am a master carman, and live in King-street Tower-hill—the prisoner Sandford was in my service—on the 26th of Nov, I sent him with a van and horse to Fresh Wharf, to remove fifty bottles of quicksilver from there, for Mr. Anselmo de Arroyare, and to take them to the South Western Railway, to go to Southampton, to be shipped on board the Trident—I sent him out about two o'clock in the afternoon, and he ought to have been back about seven—I was out that evening, but I know that he returned about ten o'clock—it was his duty to come to busines the next morning as usual, and he came about six in the morning, and left at seven, but I did not see him—I saw nothing of him after he went to fetch the goods—he had given me no notice of leaving me—he left word with my wife, that one of the bottles of quicksilver was short weight, and they would not receive it—I went to the police-office on the 27th of Nov., about eleven o'clock—I saw Saunders and Robinson in custody—I saw these two bottles of quicksilver which had been found—I went with Thorpe, the officer, to the Southampton Railway on the same day—I found there one bottle that had been rejected as light—this is it—it turned out to be full of lead—I went from the railway station to Southampton—I went on board the Trident—I overhauled the fortynine bottles of quicksilver there, and found amongst them another of those dummies—this is it—they are both old quicksilver bottles, but filled with lead instead of quicksilver—in consequence of the discovery I had made, I looked out for Sandford, and some days afterwards I received a message—on Tuesday, the 3rd of Dec., I went to a public-house in Jewry-street, Aldgate—I found Sandford there—he said he had been drawn into the thing, by Maynard stopping him at the Woolpack, as he was going up the Minories—he said Maynard gave him some beer and gin, and asked him what he was going to load, and he told him some quicksilver, and where he was going to take it to, that Maynard said he could make it all right, that he had got two dummies, that could be substituted for two of the bottles of quicksilver, if he would meet him over in the Borough—he said that Maynard and another man met him in the Borough, and there they made the exchange, arid took the original bottles out, and lifted the dummies in—he said the cart that brought the dummies and took the bottles away had the name of Richard Owen upon it.
JAMES ROBINS . I am delivery foreman at Fresh-wharf. On Tuesday, the 26th of Nov., I delivered to Sandford fifty bottles of quicksilver, I think about a quarter to four o'clock in the afternoon—they were from
No. 1401 to 1450—I saw him go away with them—the two that were abstracted were Nos. 1438 and 1445—I have had quicksilver in charge before—it is always in these bottles, which always weigh 3/4 cwt. and some odd pounds—the Custom-house mark on the bottles the odd weight of pounds above the 3/4 cwt.—the duty is a halfpenny a pound on it, and it is that which makes the weight of importance.
JURY. Q. Is it tared? A. No—it is marked on it, "Tare, 161bs."—these bottles are never opened, except one or two perhaps out of each cargo, which are opened by the landing-waiter, just to ascertain that it is quicksilver—he pours a small drop into a teacup, and puts it back directly—the weight is the criterion.
WILLIAM BALLARD . I am a porter at the South Western Railway. On Tuesday, the 26th of Nov., Sandford came to the railway, between seven and eight o'clock—he brought fifty bottles, which he said contained quicksilver—I took the first that came out—it appeared to be light, and I said, "Carman, this is a light one "—he said he could not be accountable for it—I declined to take charge of that light one, and put it on one side—the other forty-nine he delivered to me were sent down to Southampton.
Sandford. It had not gone six o'clock.
Witness. It was between seven and eight o'clock when we assisted-in unloading them—that was the first I saw of him.
JOHN CROUCH . I am one of the clerks of the South Western Railway. On the 26th of Nov. I remember Sandford coming with quicksilver, between seven and eight o'clock—the porter found one bottle was light—it was weighed the next day, and it was 2 qrs. and 171bs.—I gave the same bottle to Thorpe the officer.
RICHARD OWEN . I am a master caiman, carrying on business in Fashion-street, Spitalfields. On Tuesday, the 26th of Nov., I was on Brewer's-quay, Thames-street, which is about 300 yards from Fresh-wharf—the prisoner, Priestley, who is a cousin of my wife's, came to me about twelve minutes to four o'clock—he asked me if I wanted that little cart of mine which was on Tower-hill, close by Brewer's-quay—the prisoner, Robinson, was the driver of that cart, and he was with it on Tower-hill—I told Priestley I did not particularly want the cart, and he said he had a job, to move a few things from over the water to Tower-hill—I asked him how long he would be gone—he told me an hour and a quarter, or an hour and a half—I asked him what I was Ito get for the job—he told me 7s. or 8s.—I told him, "Very well,"to make haste—he went and came back, and said Robinson would not let him have the cart; without I came outside and told him so—I accordingly walked up the street after Priestley, and Robinson came up me, and asked why he could not go with his own cart—I told him he might go if he liked, as he was no use to me without the cart, but to make haste back—those were the last words I spoke to either of them, and he and Priestley went away together with the cart—it must have been seven or eight minutes before four when they went, and I expected the cart back about half-past five, or a little after, but they did not come back at all—I heard late that night that two bottles of quicksilver had been stolen, and I went to the station to make inquiries—(my cart was sent home)—I found Priestley the next night, about twelve, opposite Bermondsey church, and gave him into custody—Robinson must have known that it was his duty not td leave the cart; and to come back at the time he mentioned—I saw my horse, which had been
in the little cart, on the Wednesday morning—it was then in a very distressed state, and appeared to have been driven very fast, above its pace—it was exhausted, and so stiff I could hardly get it out of the stablethere was a large piece of flesh out of its hind quarter, and it died on the fourth or fifih morning afterwards—it had been in very good condition, as far as I know, when I allowed Priestley and Robinson to go with it.
Cross-examined by MR. HORRY. Q. Did Priestley appear as if he wanted the cart? A. He was very anxious to go with it by himself—he did not want Robinson with him—he said he would take the cart himself, and then it was that Robinson said, "Why can't I go with my own cart?"—the carmen frequently get gratuities when they go with the carts.
Cross-examined by MR. ROBINSON. Q. Did you not know that Priestley was living near Bermondsey? A. I did not know where he lived then—I have since been with the policeman to his house.
GEORGE CLARKE . I am a watchman at Brewer's-quay. I know Priestley—on the 26th of Nov. I met him in Backchurch-lane, Whitechapel, at the corner of the Weaver's Arms, between seven and eight o'clock in the evening—he was standing there, and I said to him, "Halloo, Joe, there you are"—he did not speak to me, but ran away down a court.
ANN LUCAS . I live at Mr. Waypoole's, a blacksmith, in Pennington-street, Ratcliff-highway. On the evening of the 26th of Nov. a horse and cart came to our door, about five minutes before six o'clock—there was a carman with it, and the prisoner Saunders—I did not know the carman, but I should know him again if I saw him—he is not here now—Saunders asked me if my father was at home—I said, "No"—he then asked if my my mother or my brother were at home—I said, "No"—he said he wanted to drill two holes into the back of a stove, and would I let him come in—I said, "Yes"—I opened the door, and he and the carman came in—I went into the room to get a light, and they directly went into the shop in the dark—when I came back to the passage with a light they were gone in—I did not see whether they had got anything with them—Thorpe, the officer, came up while they were in the shop—he asked me what they were unloading from the cart—I said I did not know what they were doing, but Mr. Saunders had asked me to let him drill two holes into a stove—Thorpe then went round the cart, and I ran into the shop to tell Saunders and the other man that there was a policeman there—they said, "Never mind "—they came out into the passage, and Saunders said, as he was going out, "I am going to get a pint of beer"—he had only got to the next door but one before Mr. Thorpe got him, and the carman ran away as far as I saw him—Mr. Thorpe brought Saunders back, and took him into the back shop—there were two bags found in the shop, and these two bottles in them, which the officer took away—they had not been there before these people came.
Cross-examined by MR. PAYNE. Q. When you said there was a policeman, and they said, "Never mind,"did you go to the street-door again? A. Yes, and then the policeman went round the cart—Saunders came to the door, and said he was going for beer.
ROBERT THORPE (police-constable H 155.) On Tuesday evening, the 26th of Nov., I was in Pennington-street, Ratcliffe-highway, about five minutes before six o'clock—I was near Waypoole's door, and saw a cart standing there, which I afterwards saw had the name of Richard Owen on it—I saw two men taking something out of the tail of the cart, and dragging
it into Waypoole's passage—Saunders was one—the other I did not know—I entertained some suspicion, and went to the passage—I saw Lucas there with alight—I spoke to her, and got her answer—I did not see that she went back towards the shop, for I went and looked into the cart to see what it contained—I, then saw Saunders come out of the house, and turn to the right—he walked first, and then began to run—I stopped him, and took him into custody—I do not know what became of the other man—I did not see him go—Saunders said, "Let me go, I have done nothing"—I said he was dragging something through the passage—he said, "Let me go"—I said, "I will not"—I took him back through the passage into the shop—I saw two bags there—I said, "What have you got in these two bags?"—he said, "I don't know, a carman hired me to help to unload them"—I sent for another constable, and examined the bags—they contained these two bottles of quicksilver, marked with the Nos. 1438 and 1445, on them—they have been unscrewed, and foun to contain quicksilver, and the weight of them is 921bs. each—I took the cart and the quicksilver to the station—the horse was smoking very much—my brother officer took Saunders—it might be about half-past six when I entered the charge against him, and between seven and eight, Robinson and made application for the horse and cart, and I went with him and came the inspector to Owen's, in Fashion-street—I did not say anything to Robinson about it, but in the course of the night I received orders from my inspector to take Robinson also into custody—I think there were some words passed between us—I blamed him very much for not keeping with his horse and cart—as I was afterwards taking him along Church-lane, Whitechapel, to go to Denmark-street station, he complained very much of being ruptured, and said he was very from it, and he hoped I would not lock him up—I told him he would have every accommodation as far as could be allowed in the station, but I could not let him go—he said I was very hard—I said, no, I was not—he said, "I did not do it, but I know all about it, and if you will give me a penny-worth of rum (pointing to the Prince of Wales public-house) I will tell you all about it"—I said I should do no such thing, and whatever he said to me I should use in evidence against him—he then said nothing.
Cross-examined by MR. HORRY. Q. Did he not about of a double truss that he had on, and that he should not be able to take it off at night? A. Yes—he did not say, "I will tell you all I know out it"—he said, "I know all about it, and I will tell you all about it."
JOHN DONNEGAN . I am a police-inspector. About nine 'o'clock at night, on the 26th of Nov., Robinson came to Denmark-street station—he said, "have come about the horse and cart that was brought here"—Mr. Owen's father was in the station, and he said to me, "That is Robinson"—I said, "Robinson, did you go out with the horse and cartthis morning had you charge of it?"—he said, "Yes, I made three jobs of it, but I had not charge of it all day"—I said, "When did you leave the horse and cart?"—he said, "About half-past three a person came and hired it, and said he wanted it for about a 7s. job—I accompanied the horse and cart into the Borough, and they then said the hired the horse and cart, who are they?"—he said, "There was a gentleman with the person who hired the horse and cart—I said, "What did you hear next of the horse and cart?"—he said, "I was standing near the cornier of Well-street, about
eight o'clock, when the man who hired the horse and cart came to me, and said, 'The police have taken the horse and cart away to Denmark-street station' "—I said, "What did you do about that?"—he said, "I went home"—I said, "Don't you think it would have been better if you had gone to Denmark-street then instead of going all the way to your master's in Fashion-street?"—he said, "I did go there, I was anxious to let them know what had happened"—I said, "Did the person who had informed you, go with you?"—he said, "No"—I said, "Have you called anywhere on the way?"—he said, "No"—I said, "Not at your own house?"—he said, "I just looked in"—the horse and cart were at the station, and Robinson, and Mr. Owen's father, and Thorpe, and I got into it, and went to Mr. Owen's.
CORNELIUS FOAY (police-constable H 98.) On Wednesday, the 27th of Nov., I was in Bermondsey with Richard Owen, searching for Priestley, and about twelve o'clock at night, I saw him in Bermondsey-street—there was a woman who looked at me, and she then went and spoke to Priestley—he directly turned round and ran away—I followed, and took him—I told him I was an officer, and he was charged by Mr. Owen with being concerned with others in stealing two bottles of quicksilver—he said he could explain all about it—I took him to the station in St. George's-inthe East—he then said a gentleman hired him to take the job, and he was to have 10s. for it, and to give Mr. Owen 7s.—he said he took the job, and then got so drunk that he did not know what had become of him, or what he had done afterwards.
MR. HORRY to JOHN DONNEGAN. Q. You used the words, "Did the person go with you?" was not the word, "Carman?" A. I am not certain—Robinson and I were speaking of the carman—he said the cart was hired of his master for a 7s. job, and his master said he might go with it or not, which he liked—he said, "I did go with it into the Borough, and then they said they did not want me further."
SANDFORD— GUILTY . Aged 22.
SAUNDERS— GUILTY . Aged 38.
PRIESTLEY— GUILTY . Aged 33.
Transported for Seven Years .
ROBINSON— NOT GUILTY .
259. WILLIAM KEY was indicted for stealing, on the 29th of Aug., 65 table-covers, value 23l.; 101 table-cloths, 45l.; 110 yards of mousseline-de-laine, 68l.; 3 handkerchiefs, 15s.; 30 yards of damask moreen, 10l. 15s.; 1 hearth-rug, 9s.; 48 yards of diaper, 2l.; and 72 napkins, 3l. 10s.; the goods of John Dent, his master.
WILLIAM HENRY CLARK . I am assistant to Mr. Dobree, a pawnbroker, in Gilbert-street, Grosvenor-square. I produce six cloths, a tablecover, six more table-cloths, eight table-covers, and a piece of diaper, fifteen table-cloths, and two dress-lengths of mousseline-de-laine, all pledged by the prisoner on different days in Sept. and Oct.—the amount of all the pledges was 5l. 18s. 6d.
WILLIAM BOURNE . I am in the employ of Mr. Rochford, a pawnbroker, in Brewer-street. I produce two table-covers and some other things—I cannot say who pawned them, but the duplicates produced by the constable are those which were given to the person who pledged the articles—they were pawned by a man in different names.
Andiey-street. I produce two table-clothes, twenty-four napkins, a piece of merino, and four dress-lengths of mousseline-de-laine, pawned by the prisoner in different names, and on different dates.
SAMUEL EASTMAN . I am in the employ of Mr. John Dent, a linendraper, Nos. 30, 31, and 32, Crawford-street, Marylebone. I have seen all these articles which are stated to have been pledged by the prisoner—I know them all to be Mr. Dent's property—the prisoner was in his service from the 26th of Aug. till the 28th of Nov., the day on which he was given into custody—he was in the carpet department of the house—he had 50l. a-year, and his board and lodging in the house.
Cross-examined by MR. BRIERLY. Q. Was he a person of sober habits? A. I believe him to be so, and industrious in his business, I have been to his house since this affair—it is a milliner's shop—the rent of the house might be 30l. a year perhaps—it was moderately furnished, not particularly well—when the stock that I claimed as Mr. Dent's was taken away there was very little left, and not of great value—I had not known the prisoner personally before he came to Mr. Dent's—I have heard that he had been in business for himself in a large way—I know he has a wife and several children—I do not know how many—I know he has purchased some articles of Mr. Dent for his shop at Hammersmith, but to a very trifling amount.
GEORGE GAMMON re-examined. Q. Did the prisoner ever redeem any articles that he pledged? A. Yes, frequently—I have known him the last four or five years, and taken in a great many things of him at different times—he never redeemed any of the articles which now turn out to belong to Mr. Dent.
SAMUEL EASTMAN re-examined. I have looked through all these goods, and, know them all—most of them are marked with my own writing—property had been missed from our warehouse—Mr. Dent knew that he was always losing property.
Cross-examined. Q. Did you find any large quantity taken at one time? A. No—I believe he has taken them in small parcels—it was continually going on—the pledging was, every day almost.
WILLIAM ROSS (police-constable D 157.) I went to No. 20, East-street, Manchester-square—the prisoner came in there—I told him he must wait a minute till Mrs. Foster came in—she came, and Mr. Eastman—he said to the prisoner, "Good God, is it possible, Key?"—the prisoner said, "I did it through distress"—I took him to the station, and found this tablecover on him.
Cross-examined. Q. Did you go to Hammersmith, and search the prisoner's
house? A. Yes—there was a hook-case locked up—I did not break it open—the prisoner's wife said he kept his duplicates in there—I went next day and it was open—I saw a portfolio with duplicates in it, which I have produced—there was an opportunity of destroying them the night before—there was no concealment on the part of his wife—she was very candid, and gave me up everything.
(Mr. Dent, the prosecutor; Charles Edward Boyer, an accountant; Mr. Hunt, stationer, Watling-street; Mr. Cooke, warehouseman, St. Paul's-churchyard; and Mr. Pellatt, a glass-manufacturer, gave the prisoner a good character.)
GUILTY. Aged 44.—Recommended to mercy by the Prosecutor mid Jury—.
Confined One Year .
260. SARAH SMITH was indicted for stealing, on the 1st of Aug., 2 yards of silk cord, value 6d.; 3 knives, 9d.; 1 plate, 2d.; 1 dish, 5d.; 1 saucer, 1d.; 2 tea-spoons, 2d.; and 1 ring, 10s.: also, on the 20th of Dec., 1 pillow-case, value 6d., the goods of Peter Peters King: also, on the 1st of July, 3 towels, value 1s.; 1 pair of gloves, 1s.; 5 handkerchiefs, 5s.; and 1 pinafore, 1s.: also, on the 3rd of June, 1 handkerchief, value 2s. 6d., the goods of John Ball, her master: also, on the 30th of Aug., 9 yards of stained paper, value 5s.; 2 yards of other paper, 8d.; 1 pencil-case, 4s. 6d.; 1 napkin, 9d.; 1 towel, 9d.; and 1 hammer, 1s.; the goods of John Todd, her master; to all of which she pleaded
GUILTY . Aged 34.— Confined Six Months.
Before Edward Bullock, Esq.
WILLIAM FEA KNE LADD . I am a general dealer, and live at Stepney. The prisoner came into my service on the 4th of Dec.—on Friday, the 6th, he came back to me, after delivering some goods, about half-past twelve o'clock—he told me he had some goods to remove from lioxton to Bedfordsquare, and he was to go and take my horse and cart at half-past one o'clock to remove the goods, and he was to have 4s. for the job—he had before taken my mare out of the cart, and put her into the stable—I told him to get her out, and put her to the cart, and I would go with him—he said he should not think there was any necessity for me to go with him, he could do it by himself, and it would take him till five or six o'clock in the evening—he put the mare into the cart, and I went with him—we delivered some coals of mine which were in the cart, and I went on with him to where lie said the goods were—he knocked at the door of a house, and went in—he came out, and said we were about twenty minutes too soon—I drove him home—he stroked the mare, and said she had cast a shoe—he had better take her and have one put on, and be would take the cart and go on at once from the farrier's to move the goods—I said, "No, take her by herself, and come back, and I will go with you"—he said, "Give me half-a-crown, and I will get her shod all round"—he took the mare and the harness on her back—I have not seen the mare nor the harness since—the prisoner gave himself up.
the afternoon—the prisoner came to me and said, "I have committed something very wicked; I sold mymaster's horse in Smithfield, for 1l. 19s., which I have spent"—I took him to our station, and was directed to convey him to the Arbour-square station.
Prisoner's Defence. I am a tailor by trade, and have worked seventeen or eighteen hours a day till I lost my health; I went to the hospital, and was told I must have a change from a sitting business; I went to the parish; they gave me 10s., and I bought two or three things, which I tried to sell in the street, but I could not, and they spoiled; a friend then told me the prosecutor would give me something to do with a horse and cart; I went and saw him; he told me to stop and have my dinner; at night my wife said she had nothing to eat; the next day the prosecutor gave me a supper, and I took it home to my wife and children; on the Friday I went down own with the horse; my children ran up nothing to me, and said they had nothing to eat, and I went and sold the horse.
GUILTY. Aged 28.—Recommended to mercy by the Jury. — Confined Three Months.
Before Edward Bullock, Esq.
WILLIAM BIGGS . I deal in cutlery, and live at Stratford. On the morning of the 2nd of Dec. I missed some knives from my counter—I gave information to a constable, and in the evening Mr. Beaton, from the King's Head, called on me to say there was a person in his tap-room selling knives—I got a policeman, and went over to Mr. Beaton's with him he afterwards produced some knives to me, which were mine—I did not see him take them from the prisoner.
Prisoner. Q. Did you see me near your house at any time? A. Not that I remember.
JOSEPH BENTON (police-constable K 381.) In consequence of information, I went to the King's Head, Stratford, and took the prisoner into custody—she gave me these three knives from under her gown—Mr. Biggs came in and said, "They are my knives, I will swear to them"—the prisoner said, "No, they are not your knives; my husband bought and paid for them"—these are the three she gave me—I got others from different parties.
THOMAS REED . I am a horse-clipper, and live at Stratford. On Monday afternoon, the 2nd of Dec., I went into the tap-room of the King's Head, and saw the prisoner there hawking these knives for sale—I purchased this one from her, which I afterwards gave to Benton.
MR. BIGGS re-examined. These are my knives—I cannot exactly say
how long before I had seen them safe—my son packed them up—they are part of what I lost.
Prisoner's Defence. I found the knives; I never said my husband bought them.
THOMAS PETERKIN . I produce a certificate from Buckinghamshire of the prisoner's former conviction—(read—Convicted on the 15th of Oct., 8th Viet., of larceny)—I was present at the trial, and know her to be the person—she had one month.
Prisoner. I was accused very wrong then, and so I am this time; I hope you will have mercy on me.
GUILTY .— Confined Six Months.
Before Edward Bullock, Esq
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
JOHN ROBINSON (inspector of police.) I was at Woolwich dock-yard on the 28th of Nov.—I observed a part of the dock-yard insecure—the fence is generally brick, but the part I saw was wood, and had a part broken away at the top—I examined it minutely, and from what I saw I gave directions to the policeman, Fisher, who was on duty in the evening, to watch.
BENJAMIN FISHER (police-constable R 272.) On Thursday, the 28th of Nov., I was at Woolwich dock-yard—I went there by the inspector's orders, and saw the prisoner—I was examining and watching what he did—I saw him come from the boiler-shed, about half-past four o'clock in the afternoon—he came towards the fence—the top of it slopes over, and part of it is broken—he stooped down, picked up something inside, and threw it over—he went away—I went to the spot, and found a piece of metal—I do not know whether it was copper, or brass, or mixed metal—it weighed 36lbs.—I then went into the road and requested my sergeant to send me another man from the dock-yard—he sent another, and we sat down on the ground till a quarter to seven o'clock, when the prisoner came and took the metal away—he placed it under his coat under his arm, and I came out from my place and seized him—he had a great coat on and a white apron—we had heard something else come over while we were in the dark—we got a light and found it was half a pig of iron—the prisoner came as if he came on purpose for this metal, as there is no thoroughfare there—there was another man with the prisoner, and the prisoner told him to wait—he said, "I am going down here a minute"—as soon as the other man found we came out from our place to seize the prisoner, he ran off, and we could not succeed in taking him—the prisoner dropped the metal as we took hold of him, and exclaimed, "I am innocent"—we had not at that time charged him with anything—he knew me, and called me by my name—I tookhim into custody—we took him to the dock-yard—this is the piece of metal—it has no mark on it—he threw it over the fence—I
cannot say I saw him throw it, but I saw him come to the placed stoop down, and then something came over which sounded very heavy—I cannot say there was any jink in it—I did not see anything large and heavy like this that was thrown on the ground till afterwards—I went to the spot within half a minute, and there found this metal.
Cross-examined by MR. BALLANTINE. Q. The other man ran away? A. Yes; I should have known him if I had been close enough to him—where this metal was thrown over it is no thoroughfare—it is a ruin where some house had been pulled down adjoining the dock-yard—the main road is on the other side—the prisoner left the main road to come on the ruins, which run at right angles with the road—by going along the fence, and turning by the dead wall, he would come again to the road—there is nothing to stop a person from going round by the wall—it was about thirty yards from the main road where I saw him stoop to pick something up.
MR. ADOLPHUS. Q. Was it within or without the fence that he stooped? A. Within; there was no one else there to throw it over but himself—he lives very nearly a mile from that place.
ROBERT HANCE . I am employed in the steam-engine factory in Woolwich Dock-yard—we have lost the corresponding piece to this piece of metal—it is one of the eight pieces of brass belonging to the engine—we have seven left with this one—here is the mark where there appears to have been the broad arrow—this piece fits in to where it has been taken out—the engine belongs to the dock-yard—this is what is called gun metal, a mixture of copper and brass.
Cross-examined. Q. Did you try this to the engine? A. No; I saw it in the frame, and saw that it fitted—I know that the engine wants eight pieces—I have the charge of the shop, and the prisoner was employed under me—the shop is from eighty to one hundred yards from where this was thrown from.
Cross-examined. Q. Is the broad arrow distinctly on it? A. It is sufficiently distinct for me to recognise it.
264. GEORGE MOLLOY was again indicted for stealing, on the 27th of Nov., 22lbs. weight of brass, value 15s.; 22 pieces of mixed metal, 15s.; and 22 pieces of metal, 15s.; the goods of our Lady the Queen: and ELIZABETH MOLLOY and SARAH MOLLOY , for feloniously receiving the same, well knowing it to have been stolen.
MESSRS. SHEPHERD and ADOLPHUS conducted the Prosecution.
BENJAMIN FISHER (police-constable R 272.) In consequence of what took place in the last case, I went to the prisoner's house—he told the inspector his address, which was No. 8, Charles-street, Woolwich—I found the two female prisoners there—they told me their names were Molloy, and that they were George Molloy's mother and sister—I told Elizabeth Molloy I had come to search the house in consequence of her son being put in confinement for a robbery in the Dock-yard—she said, "All the things in this house belong to me"—I said, "I must make a search, on account of Government property being missing"—I searched the parlour, the kitchen,
the up-stairs room, and the back kitchen or wash-house in the yard—it is a double house; part of it belongs to them, and part to a Waterman named Little—they can both go into the yard, but each tenant has got a wash-house house of their own—there was a lock for a padlock on the prisoner's wash-house, house, but it was not locked then—it is locked of a night, by what I understand—I went into this wash-house or out-house—neither of the women were with me—they were shifting about, and wanted to go out, till I put them in charge—I found some metal—one piece was behind the washing-tubs, which had been recently used—I searched further, and found some chisels and other things, and one more small piece of metal; and on the landing, up stairs, was a large box close to the door of the room occupied by George Molloy—I was told by the neigbours in the house that George Molloy occupied that room, and the two women slept below—Sarah Molloy said that was where her brother slept—there was one bed in the room up stairs where he slept, and one below where the two women slept—I found in the box a quantity of different sorts of metal, which I produce—amongst it were these four pieces—some of the pieces are marked—the women said it was not his box, it belonged to Mr. Little, the person who occupies the other part of the house.
Cross-examined by MR. BALLANTINE. Q. Is there any reward on conviction of these persons? A. Not that I am aware of—I am almost sure that I stated before the Magistrate that Elizabeth Molloy said that all the things in the house were hers—my deposition was read to me by the clerk—I do not know why I did not tell him that he omitted to state that—I do not think I told the Magistrate that the two women were shifting about, endeavouring to get out—I am almost sure I told him that—I do not know why I did not tell the clerk to put it down—I might overlook it. (The deposition of the witness was here read; it omitted to state that Elizabeth Molloy said all the things in the house were hers, and that the two women were shifting about, and endeavouring to escape.)
MR. ADOLPHUS. Q. When were you examined before the Justice? A. The day after I took the prisoners—I told everything that occurred to my memory, the clerk taking it down as he thought right—what he read over to me was true—I took it for granted that he did his duty, and did not attempt to correct him—I have no notion of any reward.
ROBERT HANCE . I am employed in the steam-engine department in Woolwich Dock. I have seen these four pieces of metal produced by Fisher, with the place where they came from—they correspond exactly—I stood by while they were fitted to an iron plate, part of which I have here now—they fit exactly—I had given directions to George Molloy the day before, to remove these pieces of brass from the iron, and take them to the store to be re-cast, and I saw him in the act of doing it.
JOHN LITTLE . I am a waterman. I live in the same house with the prisoners—I have nothing to do with the wash-house which belongs to them—I was shown the box which the prisoner said was mine—it belonged to a cousin of mine, and had been lent to my wife; and after it was empty it stood on the landing out of the way—there was nothing in it of mine—I did not know of any metal being in it, till I saw it in it when it was found—I did not know whose it was, or how it came there.
GEORGE MOLLOY— GUILTY . Aged 30.— Confined Twelve Months.
ELIZABETH MOLLOY— NOT GUILTY .
SARAH MOLLOY— NOT GUILTY .
265. GEORGE MOLLOY was again indicted for stealing, on the 1st of May, 1 1/2 lb. of cigars, value 12s.; 24 bottles, 1s.; 18 quarts of wine, 2l.; 2 brass blocks, 1s.; 2 cigar-cases, 1s.; 3 tobacco-papers, 1s.; 1 guardchain, 5s.; 1 ring, 5s.; 4 printed books, 2s.; 1 brooch, 1s.; 1 cloak, 1l.; 2 glass-shades, 6d.; 7 drawings, 6d.; 1 thermometer, 5s.; 1 garden-stool, 5s.; and 11 yards of paper, 1s.; the goods of Peter Barlow, his master: upon which no evidence was offered.
NOT GUILTY .
Upon which no evidence was offered.
NOT GUILTY .
267. CAROLINE SEAGRAVE was indicted for stealing, on the 5th of Nov., 3 blankets, 10s.; 2 pillows, 7s.; I bolster, 2s. 6d.; 2 sheets, 2s.; 4 pillow-cases, 3s.; 2 table-covers, 3s. 6d.; 1 toilet-cover, 1s.; 2 counterpanes, 5s.; 1 towel, 6d.; 1 looking-glass and stand, 3s. 6d.; and 1 saltcellar, 2s.; the goods of William Bailey.
ANN BAILEY . I am the wife of William Bailey, of Woolwich. The prisoner hired a lodging at our house on the 14th of Oct., with a person whom she represented as her husband—I had frequently seen the prisoner taking out parcels, and I sent for an officer—I missed the articles stated in the indictment, which had been let with the lodging—I have seen some of them since—they are mine.
JOHN WALKER (police-constable R 298.) I took the prisoner and another person—I told the prisoner she was in custody for taking the things ont of the room—she produced duplicates of this bolster and many other things—I went to the pawnbrokers and found them.
GEORGE STEVENS . I am assistant to Mr. Davis, a pawnbroker, at Woolwich. On the 16th of Oct. the prisoner pawned this blanket with me, and after that this bolster, looking-glass, pillow, and other things.
Prisoner. Distress made me do it.
GUILTY . Aged 24.— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 16.— Confined Twelve Months.
RUTH WILDER . I am the wife of John Thomas Wilder—we live in Elizabeth-place, Woolwich. On the 4th of Dec. the prisoner quitted the occupation of a furnished room, which I had previously let to her for 3s. 6d. a week, without warning—I missed two pillows and a blanket—she had been living there with a man whom she passed as her husband—she had paid her rent up to that time, and had been two months with me—she was absent the whole night, but she had been absent several times for a night, and came back again.
Prisoner. I told you I expected a little money; I have been deserted by my husband for nine years; he allowed me a trifle a week, and the
last money he did not send; I was very unhappy about it; I told Mrs. Wilder so; I did not leave the lodging; what I had I left in the room.
Witness. She never told me that she was unhappy about it; she took the room, but the man always paid the rent; she told me she was in the habit of receiving remittances from her husband, but that they had failed; she did not leave a great deal in the room; there was a knife and fork, about two spoons, and four plates; but the man came on the second day after she left, and he took everything away.
JOHN THORP . I am assistant to Mr. Moor, a pawnbroker, at Woolwich. I produce two pillows, one of them pawned on the 23rd of Oct., and the other on the 9th of Nov., both by the prisoner, one in the name of Pocock, and the other Shepherd—I knew her by coming to the shop—she had redeemed things before, and I rather think she had redeemed these.
WILLIAM GLADWIN (police-constable R 122.) I apprehended the prisoner—she said she knew nothing of the gown, and the pillows and blanket she meant to send the money for as soon as she got it—I took her on the 11th of Dec., applying for relief at Marylebone workhouse—she had left the man she had been living with—he went by the name of Pocock, but that was not his name.
Prisoner. I said, "I own to the pillows: the blanket I did not pledge, I know nothing of the gown"—it was through distress.
NOT GUILTY .
MARY ANN PARKER . I am the wife of Robert Parker, an engineer, at Woolwich. On the 4th of Dec. the prisoner came and asked permission to sleep in my house—I had known her for eight months, and employed her in repairing shoes—she slept on the sofa—about an hour and a half before she came, I hung a gown behind the door of the room she slept in—I did not see the gown after I placed it there, about half-past ten o'clock that morning, and it was about twelve at noon when the prisoner laid down—she was intoxicated—I had to leave home about half-past two—and in my absence she went away about three o'clock in the afternoon—I left no one in the house but my daughter, who is nine years and a half old—I missed the gown next morning—it was worth 16s.
Prisoner. I was in liquor; we had something to drink, and I believe I laid about two hours; I was awoke by her little girl; she stayed in the room while I put on my bonnet and shawl; she stood at the door when I went out.
Witness. She wanted me to have something to drink—I refused it, but when my little girl came from school, she sent for a quartern of gin—I took part of one glass, and she took a glass—she was tipsy before she came—I knew the man she was living with—she came backwards and forwards with the work—she went by the same name as the man—I did not know that she was not his wife.
MICHAEL BROWN . I am a police-inspector. I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted 24 th Oct., in 6 th Vict., &c., and imprisoned fourteen days)—the prisoner is the person.
GUILTY . Aged 33.— Confined Six Months.
271. CAROLINE DRAIN was indicted for stealing, on the 10th of December, 8 sovereigns, the monies of Humphrey Huggett, from his person; and CATHARINE CATON for feloniously receiving the same, well knowing it to have been stolen.
HUMPHREY HUGGETT . I am master of a coal-vessel, named the William. I live at South Shields when I am at home, and when I am in London I live on board ship—on the 10th of Dec. I met with the prisoner Drain in the Wheatsheaf public-house at Greenwich—I went home witb her to a house, but I do not know where—I had eight sovereigns in my watchpocket, besides some silver in my trowsers-pocket—I was not sober—I recollected taking the sovereigns out of my pocket, and looking at them after I went to the Wheatsheaf—I cannot say whether I fell asleep on the bed before Drain went out of the room or after, but I went to sleep—when I awoke, Drain was gone, and my money also—went with a policeman to the Wheatsheaf, and saw Drain, and gave her in charge—Caton had been in the Wheatsheaf before I left, and had drank with Drain and me, but I had bad no conversation with Caton—she was in the Wheatsheaf when I came back.
Cross-examined by MR. HORRY. Q. You had some loose silver in your pocket, and that you had afterwards? A. When I went into the house with Drain I had some silver—I paid her 1s. 6d. in copper, and 1s. in silver, to stop with her all night, and 1s. to the landlady—I cannot tell whether I had any more than 1s. then left, but when I awoke I had only 1s.—I had been to one or two other houses before I went to the Wheatsheaf with Drain, and after I was there I went into the back yard—I there took out my eight sovereigns, looked at them, and put them back in my pocket—I do not know how many persons were in the Wheatsheaf—we might have been an hour or more there.
MARY BOOTH . I keep a lodging-house in Pennant's court, Greenwich. The prosecutor and Drain came there on the 10th of Dec.—they went into a room two pair of stairs high—Drain came down in about half an hour—I said, "I thought you were going to stop the whole night"—she said, "I told the man I was going to leave him, and he said, 'Well, go on, lassie'"—she said, "I owe you 1s.—she sat down, and paid me a shilling's worth of halfpence—the prosecutor had paid me for the lodging before he went up.
JOHN WHEEBLE (police-constable R 300.) I took Drain—I told her she was charged with robbing Humphrey Huggett of 8l.—she said she knew nothing at all of it, and was quite innocent—I had seen her come from a court in Church-street, where this brothel is, about ten minutes previous—I saw her run over to the Wheatsheaf—Caton was there, and I saw them both in conversation.
Cross-examined. Q. Were they before the bar in the public-house? A. Yes.
Caton. Q. Did I have a bonnet on? A. No, none.
Caton. I had a black velvet bonnet on the whole afternoon.
BENJAMIN LOVELL (police-sergeant R 15.) On the 11th of Dec., a little after six o'clock in the morning, a person came to the station where I was, to inquire after a person named Drain, or Brain—the prisoner Drain was at that time locked up in the station, but I did not take her—I went myself to tell Drain—she said her name was Caroline Drain—I said a female wanted her, but I must know what was the charge against her before she saw her—she said a man charged her with taking nine sovereigns last night, but it was but eight, and she gave them to Kit Caton at the Wheatsheaf to put away—she said, "If it is Kit, tell her to give the man six, and keep two"—I then went and found Caton, and brought her in—I said to Drain, "Is this the girl you gave the money to?"—Caton said, "I have not got it"—Drain said, "You know where it is, Kit "—Caton said, "It is a hard case for me to be locked up"—Drain said, "I will take it all on myself, and get you out of trouble"—Caton bad no money at all—there was no money in the room where she was.
Cross-examined. Q. You say somebody came to inquire for Drain? A. Yes—I know the person by sight, she is a Greenwich girl—she did not see Drain—there were three or fourimore down stairs beside Drain, and one was in the cell where she was—some of them were there for being drunk, and two men were there for a fight—it was not Kit who was at the gate—Drain did not send me for her mother, but I saw her mother there at ten o'clock in the day—I told her Drain had confessed to giving Kit Caton 8l.—her mother was talking to her, and Drain said, "I shall say no more about it"—she did not deny in my presence having taken the money—the question never was put to her—her mother was talking to her about it, and she said she should say no more about it—this conversation was not in presence of Caton—they were separate—they had no conversation—I cannot tell whether Caton overheard the conversation between Drain and her mother.
COURT. Q. Did you hear Caton deny what Drain had said? A. After Caton had been locked up a while, and was coming down stairs, she said, "I don't know anything about it; do I, Drain?"—Drain had previously said she would take it on herself.
MR. HORRY. Q. Did you not tell Drain that Caton wanted to know about the money? A. Certainly not—it was Caton I took, not Drain—I did not tell Drain that Caton wanted to know all about the money—Drain did not express herself very much astonished that Caton sent such a question by me, as what had become of the money—nothing of the sort took place—that may be all invention on your part, it is not on mine—she never expressed a wish to see Kit Caton, but she said she wanted to see the person at the gate, and I said she could not, as it was a case of felony—when I went to Caton I did not tell her that Drain had confessed it all—I told her the girl Drain wanted to see her at the station—Drain had not expressed a wish to see Caton before anybody came to the gate.
COURT. Q. You had no other authority from Drain for giving that message to Caton than your own construction of the message Drain sent to her, if she had been the person at the gate? A. No, no other.
MR. HORRY called
of the 11th of Dec., when she was in custody—I saw Lovell—he asked me would I wish to see my daughter—I said I should be very glad—he conducted me to her, and as I was going up the stairs he said to me, "Get what you can out of her, for she has confessed to the money, and given it to Caton to put away"—I said, "Sir, if she told you that, I know nothing at all about it myself; she never is with me"—he opened the door and called my daughter—he said, "Here is your mother wants to see you"—she came, and I said, "Caroline, what have you said to Mr. Lovell? you have confessed to Mr. Lovell you have known of the money, and given it to Caton to put away"—she said, "I could not say that, I know nothing about it"—at that time Lovell's ear was as near to my mouth as he could put it.
COURT. Q. Did Lovell make any observation on that? A. He said, "You know you told me that you gave it to Caton to put away"—Caton hallooed out, (being in the next cell,) "I know nothing about it"—with that I came down stairs.
COURT to BENJAMIN LOVELL. Q. Have you heard the evidence of Mary Drain? A. Yes, that morning she came with something in a pot—the officer going up the yard said, it was breakfast for Drain—I said to the mother, "Do you wish to go up?"—she said, "Yes"—I said, "I shall go up and hear every word you say"—I went up and she said, "What do you know about this?"—Drain said, "Nothing"—I said, "You know you told me you took it"—she said she did not—she said that to my face when the mother asked her—she said she knew nothing about it, to her mother, not to me; and Caton said, "I know nothing of it."
NOT GUILTY .
ROBERT WALTERS . I am in the employ of Mr. Thomas Pope, of Kidbrook, near Blackheath—the prisoner was employed to thrash red wheat in his barn—I have been in the corn trade—I have compared some wheat produced by the officer with a sample of wheat from the barn of Mr. Pope—in my judgment the qualities correspond, and appear to have formed part of the same bulk—it is rather an inferior description of wheat, and rather foul—I find the same seeds of weeds in it as are in the sample.
HENRY ELLIS . I am a miller, and live in the Lower-road, Deptford—the prisoner first came to me about three months since, with some gleaned corn—he came to me again, a day or two before the 12th of Nov., and said he was about to have a sack of wheat from his brother in the country, and asked if I would buy it of him—I said I would; and on or about the 12th of Nov., he brought five bushels of red wheat in the evening, and I bought it of him for 30s.—he gave the name of Hilder—I gave about five pecks of the same wheat to the officer—I live nearly three miles from Kidbrook—the sack was brought in a truck.
Prisoner. He gave me 1l. 9s. for the wheat, and allowed 1s. for the sack.
Witness. I gave him 30s. in silver for the wheat—I asked if the sack was his own—he said yes, he had it from his father—I said, "If the sack is no use to you, you may as well leave the wheat in it."
JOHN EVANS (police-constable R 190.) I apprehended the prisoner—he gave the name of Fudge—I told him he was charged with stealing some wheat from Mr. Pope, at Kidbrook—he said he knew nothing about it—I asked if he had ever sold any wheat to any person—he said, "No, I did not, I wish I had some to sell"—I found a few grains of corn in three of his pockets, and at Mr. Ellis's I got five pecks of wheat—I took a sample from it, and showed it to Mr. Walter—it was the same sort of wheat as that I found in the prisoner's pockets—it was red wheat.
Prisoner's Defence. I was coming over Blackheath and found the sack of wheat in the middle of the road; I took it, as well as I could, into a gravel-pit, hired a truck, and had it in my own house more than a month; I had some leased corn in my house, which I had sold some of before to Ellis, and about the time that is stated I took the sack to him; as to his saying that I said I had it from the country, I never uttered such a word; I often used to take my jacket off and hang it up to keep the corn from the straw, and corns of wheat might get into my pockets, and often did; I certainly did say I knew nothing about any wheat, and wished I had some.
GUILTY . Aged 36.— Confined One Year .
ROBERT WALTER . I am in the employ of Mr. Thomas Pope, a farmer, at Kidbrook. The prisoner was employed in his barn for two or three months, threshing—I have a sample of wheat from that barn—it is cleaned in a state to be used for sowing—I find that there are still some cockle seeds in it, and some tares—I have compared it with some wheat produced by the officer—it corresponds in all particulars—the wheat in the barn is the property of Mr. Pope, and on that wheat the prisoner had been employed.
JOHN CARPENTER (police-constable R 84.) I met the prisoner about five o'clock in the evening on the 27th of Nov., coming by Morden College, in a direction from Kidbrook towards Greenwich—he appeared heavily loaded with something, and had a basket on his shoulder—I asked what he had got—he said his satchell and tea-bottle—I found a bottle full of corn, and a bag full of corn in his basket, and this other bag of corn slung over his shoulder with this handkerchief—I asked him where he got it—he made no answer—I found this other corn in his two outside coat pockets—he resisted very much—I asked where he lived—he said he did not live anywhere—I went to a house which I believe is his—it is the fourth house in Five Bell-lane, but I believe it is N Q. 11—I there found a bag containing wheat—I saw some pigs and rabbits there.
GEORGE MARTIN (police-constable R 93.) I was with Carpenter when the prisoner was stopped—I saw him throw a small bag of wheat from under his smock-frock—I found at his house a small quantity of corn, a basket containing some beans, and a coal-sack.
GUILTY . Aged 40.— Confined One Year.
SYDENHAM MALTHAS WALKER . I am shopman to Thomas Wilkinson Kershaw and John Lowe; they are linendrapers, and live in London-street, Greenwich. On Saturday night, the 7th of Dec., the prisoner came to the shop about half-past nine o'clock—she asked to look at calico, ribbon, and different articles, which I served her with—when I put the ribbons before her she said, "Are these all you have got; they will not suit me"—I went and got another box—I had sold her some calico and some ribbon—there was a bill made out.
Cross-examined by MR. SIMON. Q. How long was she in the shop? A. From a quarter of an hour to twenty minutes—she was in the habit of coming to the shop.
JOHN SCOTT ANDERSON . I am shopman to Messrs. Kershaw and Lowe. On the 7th of Dec. I saw Walker serving the prisoner—he placed a box of ribbons before her—she said none would suit her—while he went for another box, she put her hand into the box that was on the counter, took some ribbon, and placed it under her cloak and down her bosom—the policeman was sent for, and just as she got outside the door, leaving the shop, I went up to her and said, "I give you in charge for taking some ribbons out of the shop, and you have got them down your bosom"—the policeman said, "Now, give them up"—she hesitated, put her hand up, took two lengths of ribbon out, and attempted to drop them behind her—the policeman caught hold of her hand—she was taken to the station, and I there charged her with taking the piece that I first saw her take out of the box, which was a light green ribbon—she was searched, and it was found on her—this is it.
Cross-examined. Q. What sort of a shop is your employer's? A. It is one of the largest in Greenwich; there are fourteen young men and apprentices in it—there were not above half a dozen other persons in the shop at that time—I was three or four yards from Walker—I only saw the prisoner take one piece of ribbon, the green—she was then going out—I told her I saw her take a piece of ribbon, and she produced two remnants—this green piece measures thirty-one yards, at 1 1/2 d. a yard—I swear this is the piece I saw her take—there is no shop-mark on this—these other two have a mark—I saw her put her hand in, and apparently take something out of the box where ribbon was—I could not distinguish the colour of this by gaslight.
SYDENHAM MALTHUS WALKER re-examined. Q. Did you make out this bill? A. Yes—here is 1 1/2 yard of ribbon in it at 1 1/4 d. a yard, and 3 yards at 1d.—that is all the ribbon she bought—this was found in her basket, in addition to the ribbon she took out of her bosom—I did not sell her either of these three—I know this one piece by the shop-mark—here are two yards and a half of this—she had paid 1s. 3d.
GEORGE HAY (police-constable R 91.) I took these two pieces of ribbon from the prisoner's hand—I had before asked her to give up the ribbon—she said she had not got any, and then she put her hand up to her
bosom, and put it behind her—I took hold of her hand, and found these two pieces of ribbon in it—this piece of green ribbon was found by the female searcher.
MARGARET SPREY . I am the wife of a policeman. I searched the prisoner, and found this green ribbon on her—I first asked her if she had anything that she would give up—she said, "No"—I was unlacing her stays, and she took this ribbon from her bosom, and wanted to put it up to her bonnet—I said, "What have you got there?"—she then attempted to put it in the fire, and I caught it.
(The prisoner received a good character.)
GUILTY Aged 28.—Recommended to mercy. . Confined Three Weeks .
JAMES BARRETT . I am a private in the Royal Marines at Woolwich. In the evening of the 5th of Dec. I was at the Bee Hive beer-shop—I there met the prisoner—I called for a pot of ale, and took out a sixpence, and paid for it—I put my purse again into my pocket—I took a glass of ale, and drank it—the prisoner said, "Give me a glass"—I said, "Yes, take it," which she did, and went out, saying she would soon come back, which she did, and drank again—I saw her put her hand over the third glass I had poured out to drink—whether she put anything into it I do not know, but I drank it, and soon after I became quite insensible, and when I came to myself I had lost my purse, containing the ring and money—I then went to a lodging-house—I was going to pay for the bed, and the prisoner said, "Your bed is paid for"—I went up stairs, and then I missed my purse—I said, "You have got my purse"—she denied it—I said, "I shall give you in charge"—I was going out—she called me back, and said, "If you will not give me in charge I will give you the purse"—she gave it me, with 11s. 6d. in it—I missed the ring and the money stated.
Prisoner. I was at the Bee Hive; he was sitting with two Artillery men; we drank the pot of ale, and then went to the Coach and Horses, and he paid for two quarterns of gin; I left him there talking; I had a half-crown; I went, and gave it to a young woman to take care of; I went back to him; we went to the Bee Hive, and he called for a pot of fourpenny ale; he laid his head in my lap, and went to sleep till half-past eleven o'clock; I called him up, and said it was time to go home; I said, "You know I have got your purse;" we went home, and went up stairs; he then said, "Poll, I know I had 19s. in my purse;" I said, "You cannot expect to have that now, having spent money;" he counted the money, and there was 11s. 6d. in it; he said, "There is 8s. short, and where is the ring?" I said, "I have seen no ring;" he said, "If you don't give it me I will give you in charge;" I said, "I would give it you, but I know nothing of the ring;" the policeman took me down to the cage, and in going he said, "Have you any money?" I said, "I had half-a-crown, and I gave it to Sarah Williams to take care of;" I asked my landlord to lend me half-a-crown; the prosecutor gave me the purse to take care of.
the prisoner came to me at the Duke on Horseback public-house—she gave me half-a-crown, and asked me to take care of it till morning.
Prisoner. It was not ten o'clock, it was about nine.
JOHN WALKER (police-constable R 298.) I took the prisoner—she said she had not taken the ring—she did not deny the money at first; I got her outside the door—she asked the landlord to lend her half-a-crown, Which he did—when she got a little further she said, "There was another half-crown I gave to Sarah Williams; go to her, she will give it you"—the prosecutor was then recovered, and sober—the prisoner did not say that be gave her the purse till the next day.
NOT GUILTY .
Before Mr. Recorder.
276. ALEXANDER WILSON was indicted for burglariously breaking and entering the dwelling-house of, Moss Joseph, about four o'clock in the night of the 6th of Dec., at Lambeth, with intent to steal, and stealing therein, 1 watch, value 16s., his property.
ESTHER BLITZ . I am single, and live with my sister and her husband, Moss Joseph, at N Q. 153, Waterloo-road. On the 5th of Dec., between twelve and one o'clock in the night, I noticed that the street door was locked and bolted—I had previously bolted the kitchen door—it is a bolt that goes up—I sleep in the kitchen—about three o'clock in the morning I got up, and lighted a match to see what time it was—I took up the watch off the bedstead to see what time it was, and put it down again—about four o'clock I was alarmed by the policeman, who had the prisoner in his custody in the house—I found the watch in the parlour, where there had been a struggle between the policeman and the prisoner—there was a chest of drawers there, and the watch was dropped by the corner of the drawers—three of the drawers had been pulled open—the kitchen door was open—it opens into a yard which adjoins that of Zion chapel.
Prisoner. She tells a lie about my opening the drawers; I did not move any drawer.
DAVID FENTON (police-constable L 16.) The prosecutor's house is in the parish of Lambeth—I was on duty in the Waterloo-road n Friday morning, the 6th of Dec.—about five minutes past four o'clock heard a noise inside the prosecutor's house—I listened for some time, and heard the bolts move, also the chain and lock undone—the door was then partially opened—I rushed in—the door was pushed against me—I worked my knee in just inside the door, and got the prisoner behind the door—we caught hold of one another, and fell against the glass, and broke it—he got into the parlour—I laid hold of him there, and we struggled—he got from me again, and I sprang my rattle—two policemen came in, and he was secured in the parlour at the back of the shop—I saw no watch there—it was all in darkness—it was picked up while I was engaged with the prisoner—I found some lucifer matches on the prisoner, and a brad-awl, a chisel, and gimlet, were taken out of his hand by another constable in my presence—on the way to the station he contrived to get this auger out of his pocket—he had it in his right hand, and the constable snatched it
backwards out of his hand in my presence—I found some impressions of a chisel over the back kitchen door—the bolt of that door will drop down by pulling the door towards you—I have tried it since in Mr. Joseph's presence, and that was how the entrance had been effected—that door opens into a yard which adjoins Zion chapel-yard—there is a wall seven feet high, which he must have got over.
Prisoner. The policeman says I used violence in opening the door, and that there were marks of the chisel; I used no violence, I can take my oath of that.
ESTHER BLITZ re-examined. I saw the watch at the corner of the drawers—the policeman was by the side of me—I said, "Oh dear, the watch is lying down there," and lie picked it up—it is a metal watch belonging to Mr. Joseph, which I always had at night—it is the same that I looked at in the night—it had been removed from the place where I had it into another room, and was found on the floor.
Prisoner's Defence. I own I was caught in the parlour, but as for the watch I know no more about it than you do; I have been in great distress for the last eight or nine months.
GUILTY .* Aged 18.— Transported for Ten Years .
277. JAMES JOHNSON was indicted for burglariously breaking and entering the dwelling-house of John Weldon, about the hour of three in the night of the 12th of Nov., at Bermondsey, with intent to steal.
MR. PAYNE, on the prisoner's behalf, put in a plea of Autre foil Acquit, on the ground that the prosecutor was as well known by the name of Samuel John Weldon as John Weldon only, and that this was one and the same offence, (see First Session, page 185,) and also pleaded over, upon which plea the following evidence was heard.
JOHN WELDON . I am 62 years of age—my proper christian name I believe to be (having seen the baptismal certificate many years ago) Samuel John, but I never used it—I have not got that certificate in my possession—I do not know where it is—I have tried to find it—it is upwards of forty years since I saw it—to the best of my recollection I described myself as Samuel when I gave instructions for the former indictment—I have never used the name of Samuel on any occasion in the course of my life—I have never been addressed by that name by my relations—I do not know who my godfathers were—my memory is not sufficiently retentive for that—I do not know where I was christened—it was in London—the certificate I saw was in my mother's possession—she has been dead many years—I was never called any other name than John by my father or mother—I cannot recollect on what occasion it was that I saw the certificate in my mother's possession—I only recollect her showing it to me, and saying it was my certificate—I do not recollect the precise words—I only recollect the circumstance of seeing it—she never addressed me by the name of Samuel—I had no brother—if I had an estate left me in the name of Samuel John I should certainly try to get it—I have a family Bible at home, but my name is not entered there—there are no entries of births in it—there is no one here that knows my name, or anything at all about it.
The Jury found that the prosecutor was correctly described in the indictment as John Weldon. The prisoner was then fully given in charge on the indictment.
No. 1, Alexander-place, Grange-road, in the parish of Bermondsey. A little after three o'clock on the morning of the 13th of Nov., I was aroused by the sound of my dog barking—I got up and found the staircase window open—I went to the front window and sprung my rattle—two policemen came in a few minutes, and I let them in at the front door—I went into the servant's room, which adjoins the kitchen, and found four panes of glass broken in the window, and the window-frame also—there was an aperture sufficiently large for a man to get through—on going to bed the night before, the staircase window was closed as usual—I did not examine it—it was decidedly shut down, and no part open—some flower-pots which had stood inside the window, were removed on to the path of the garden, as if they had been handed down to some companions—it was necessary to remove them to effect an entrance into the window, as they occupied the whole space—if they had been knocked down, it would have caused a noise—I missed no property, nor was anything removed but the flowerpots.
Cross-examined by MR. HURRY. Q. Whereabouts is this stair-case window? A. At the back of the house, on the first story—a person could climb up to it by means of a verandah or covering over the back door, and next to that is a safe, fixed—the room adjoining the kitchen where the window was broken, is a front room—there are no means of getting to that room from the front of the house—there is a railing in front—the room is a little below the surface of the ground—there are two windows in front, the kitchen-window, and the one that was broken—there are no back windows on that floor—there is a back-parlour window that has a shutter inside—that window is about six feet from the ground—the staircase window is considerably higher—I went to bed first about ten, and left my wife and two daughters up—they are not here—I did not examine the staircase window as I went up—I walked up as usual with my candleif it had been at all raised, I should have had notice of it by a very strong draught from it—I am perfectly satisfied it was down—my back premises can be seen from an inclosed ground—there is a street at the back, but I apprehend you would not get a view of the house from that.
MARY ANN GOODYEAR . I am servant to Mr. Weldon. My attention was not particularly called to the staircase window on going to bed on the 12th of Nov., but I had looked at it in the morning, and it was shut then—it is never opened—I did not perceive that any one had opened it in the course of the day—that window has only been opened once since I have been there, and that was to clean it, there is so much draught—I was aroused on the morning of the 13th of Nov., by the dog barking—the dog was generally kept in the parlour of a night, and sometimes had a bed made for him outside my master's bedroom door—my room is level with the kitchen, but partitioned off from it—I saw a shadow of some person coming into my room—it was a shadow of something, but I could not say what at first—I thought my eyes might have deceived me, but when he came a second time, I rushed out of bed, and cried out—I did not hear the sound of any feet—he had a light of some sort the second time he came in—I saw it was a man then—he went to the window, and as I was running up stairs to my mistress, I heard the window smash—I had got on to the second flight of stairs then—there is a shutter to my window, but I do not use it in order that I may have the light early—I found a
man's hat on my box, which I saw the policeman pick up—I found some Lucifer-matches, which I gave to the constable—neither the hat or matches were in my room before I went to bed.
THOMAS MASON (police-constable M 259.) I was on duty in Upper Grange-road, a short distance from Mr. Weldon's house, on the 13th of Nov., I heard a smash of glass, I ran towards the place, and saw the prisoner run from the front garden, from the window—I never knew him before, but know it was him—he had no hat on—I ran after him, and ran him through a puddle of water before I lost sight of him—I saw the direction he was going—I found it was no use to run after him that way, for I could not overtake him—I lost sight of him in the fields at the back of Eldon-place—I am sure it was the prisoner I was then following, by his having a body-coat on, and by his face—I saw his face—the water he went through was up to his knees—I went round into Lower Grange-road—I saw the prisoner in front of me, and overtook him—I said, "I want you," and laid hold of him—he had no hat on then—he had got this handkerchief tied round his head—I laid my hand on his shoulder, and he directly struck me in the face with his fist—we had a scuffle, and 191 M came to my assistance—the prisoner had a body-coat on—I had noticed that when he came from the garden—the legs of his trowsers were all wet, and his hands, face, and neck, all cut and bleeding—when I first saw him he ran by the side of me, as I was running in the middle of the road, and I saw his face under the gas-light which is opposite Mr. Weldon's house in Upper Grange-road—I was about twenty or thirty yards off when I first heard the smash, but when I ran after him I was about the length of this Court from him—I had not had a full view of his face till I apprehended him—the hat which was found at Mr. Weldon's was picked up by my brother constable, and taken to the station, and he has it here—the prisoner had it on his head to walk up from our station to Union-hall, because it rained—our inspector suggested he should have it on—he was offered the use of it, and he took it—he did not claim it.
Cross-examined. Q. Did you hear the rattle? A. Yes, I was then running after the prisoner—I came back then to Mr. Weldon's house—I went in at the front door, and, went over the house—that was before I went into the Lower Grange-road—I looked at the servants' window, and the staircase window—that took me about three or four minutes, five at the longest—I knew there was no way of the prisoner's going out of the place where I went round to—the water he went through was from the heavy rains—it was not a running stream—the drain was stopped up, which caused the puddle—it was a very rainy night.
COURT. Q. Were his trowsers more wet at the lower part than his general dress? A. Yes, his coat was not wet at all—you might have wrung the wet out of the bottom part of his trowsersthey were soaking wet.
JAMES HENRY DOBBIN (policeman.) I went to the prosecutor's house soon after three o'clock on the 13th of Nov.—I examined the staircase window, and found the bolt of the sash had been removed—I found a hat in the servants' bedroom, bent up in this state—I put it on the prisoner's head at the station, and it appeared to fit him.
GUILTY .* Aged 21.— Transported for Ten Years .
GUILTY . Aged 18.—Recommended to mercy by the Prosecutor, believing him to be in distress in consequence of having been turned out of doors by his father.— Confined Three Months.
Before Mr. Baron Rolfe.
279. ELIZABETH SMITH , CATHERINE EDWARDS , WILLIAM PALMER , and SARAH BING , were indicted for a robbery on George Martin, on the 26th of Nov., putting him in fear, and stealing from his person, and against his will, 2 half-crowns, 3 shillings, and 4 sixpences, and 4 pence; his monies; and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to him.
GEORGE MARTIN . I am an instrument-finisher, and live in Whithorse-street, Cornwall-road, Lambeth. On Tuesday evening, the 26th of Nov., about ten o'clock, I was walking in Waterloo-road, and in had occasion to go to a watering-place, in Princes-street, and on comming away I saw Smith, who asked me which was the way to the Elephant and Castle—I pointed to the Elephant and Castle, and directed her—this was at the corner of Princes-street—Edwards then came out of the side-door of a public-house, struck me on the eye, and knocked me down—I had a black eye for a fortnight after—I got up and got hold of Smith—a scuffle ensued, and we both fell to the ground—while on the ground, I found her hand in my pocket, and when I got up I found she had robbed me of two half-crowns, three shillings, four sixpences, and four penny-pieces—I sung out that I was robbed, and Palmer and Bing came up—Smith did not run away—she was standing close to me at the time—there was another man with a sleeve-jacket on with them, but he cannot be found—Palmer came up and shoved me on one side, to let the women get away, and the three women ran across Waterloo-road, and Palmer ran down Princes-street away from me—I went in search of a policeman and gave him information—Palmer and Bing did not come up till I had got up from the ground—Palmer did not lay hold of jacket at all—he shouldered me to let the women off—the man in the sleev-jacket held me the most—he ran away when I got up first—he held me for some time—I should have been up before if he had not held me—he came up before Palmer and Bing, and was doing the best he could to hold me down, but I was rather too strong for him.
Smith. He states this was in the Waterloo-road; it was in the London-road; there is no Princes-street in the Waterloo-road.
Witness. I thought it was the Waterloo-road—I had been to Brixtonhill—I had a glass of grog there, and walked from there home—I was sober—I was so correct that I could tell the persons, and discern them very well—I had never seen any of them before, to my knowledge.
DANIEL MARTIN (police-constable L 93.) I received information from the prosecutor on Tuesday evening, the 26th of Nov., in consequence of which I took Smith and Edwards into custody, about eleven o'clock, about an hour afterwards—I found them at the Bridge House, in the Borough-road—I told them they had been accused of knocking a man down and robbing him, in the London-road—they said they had not been out above ten minutes from home—I and Hill took them to the station—on the following night, the 27th, I apprehended Palmer at the Alfred's Head—I told him he was wanted—he said, "What for?"—I took him to the station, and
told him—he wass accused of a hoghway robbery in the London-road on the night previous—he denied it, and said he was not out that night—I then fetched the prosecutor to identify him, as one of the parties—he saw him next morning—the London-road is not the same road as Waterloo-road it is nearer the Elephant and Castle—Princes-street comes into the London-road—the two roads are not very far distant—St. George's-circus divides the two.
Palmer. I asked him what he wanted me for, and he said I must come to the station; I said I would not go till he told me; he laid hold of my collar, and dragged me out of the door.
Witness. I did not tell him what I wanted him for, till we got to the station—I told him I wanted him, and he refused to come with me—no violence was used on our part.
EDWARD HILL (police-constable M 135.) I was on duty in the London-road on the evening of the 26th of Nov., and about a little after ten o'clock, I saw Smith, Edwards, and Bing run out of Princes-street, across the London-road, and down London-street—seeing them run very fast, I ran after them, and told them I thought there was sormthing wrong Smith said she had been fighting—she had her cloak under her arm, an it was muddy—on seeing a constable named Cuddy coming towards them, they all three ran away—I had seen Palmer that evening, about ten minutes before, at the Prince of Wales, at the corner of Prince's-street—I afterwards helped Martin to take Smith and Edwards into custody in the Bridge House, and assisted next day in taking Palmer—when he got outside the door, he tried to run away—I had tight hold of his coat behind, and I seized hold of his collar—he put his hand into his pocket, and took out a dagger, or knife, or something of that tort—I saw it, it was some very sharp instrument—I should say It was a dagger, by the appearance of it—he swore he would rip our b—guts open with it—he made aim at my brother constable's belly, but be seized him by his hand—directly he found that hand seized, he passed it into the other, and struck at me—I caught hold of him backwards—it did not wound me, but caught me in the collar of my coat, and went right through—it was caught out of his hand by some of his pals behind me—I could not say who received it—there were several of them behind us—it was when we were outside the public-house door—this is the cut—(producing the coat.)
Palmer. It is false what he says.
JAMES CUDDY (police-constable L 20.) I took Bing into custody on Thursday morning, the 28th of Nov., at her lodging, N Q. 62, White Horse-street, Lambeth—she was in bed—I asked her if she knew whether Palmer was locked up—she said she did, that she had not been long back from the station, after leaving him some coffee—I asked if she knew whether she was wanted herself—she said she did not know, she could prove that neither him nor she had been out in the course of the day or the night that this occurrence took place.
HARRIET MARTIN . I am the wife of Daniel Martin, the policeman, and live at N Q. 5, Catherine-place, Walnut-tree-walk. On Tuesday evening, 26th Nov., a little after ten o'clock, I went to my husband, to carry him his supper, and as I was going, I met Palmer running from the direction of the Prince of Wales, from the London-road direction, into a court, leading out of Princes-street into St. George's-road—I went back again, after I
had carried the supper—I did not see my husband then—it might be about half an hour after, or rather more—I cannot say exactly the time—I then saw Bing at the other end of the same court, near St. George's-road, talking to a short man, and when I turned round the corner, into St. George's-road, I saw Palmer talking to a man, either in a sleeve-jacket or Waistcoat, with a handkerchief tied round his chin—that was directly after I bad seen Bing—he was not in the same court, but in St. George's-road, round the corner.
Smith. Q. When you saw Palmer, where were you standing? A. I was walking through the court from St. George's—road into Princes—street—one turning goes into the London-road, and one into Princes-street—it was in the part that leads into Princes-street that I saw Palmer—he had on a long brown coat—I did not see him in the London-road, but running from that direction.
Smith's Defence. When 1 first saw the prosecutor, Edwards and I, and a young woman not in custody, were standing outside the Prince of Wales, in the London-road; he came up to us very drunk, and asked if we would have any gin; we said, yes, if he would treat us; he wentin, and paid for a quartern of gin among the four of us; he asked the young woman not in custody to go home with him, and he took her to a brothelin Prince's-street; street; he came back in about ten minutes, and sat down in the public-house; he said, "Girls, will you have any more gin?" we said, yes, and be paid for another quartern between me and Edwards and himself; he then asked me to go home with him; I said I would if he would pay me; he took me outside, took me by the cloak, and said I had robbed him; I said I had not been near enough to him to rob him; he pulled me about, tore my cloak, and pulled me down; Edwards was standing at the corner of the street, two or three yards away from us; I got up, and he fell against a post, and hurt his eye; I took my cloak off, turned round to Edwards, and said, "Come home with me, while I take the dirt off my cloak;" we went down the London-road, and the policeman met us as he states; he asked what was the matter; I said I had fallen down in the mud; Edwards and I went and had half-a-quartern of gin, and had just done it, when the policeman came and tapped me on the shoulder; Edwards came out to see what was the matter, and he said, "We will have you too;" he took us to the station, but the prosecutor was too drunk to appear against us that night; we did not see him till the next morning; the witness, Mrs. Martin, did not appear against us till the other prisoners were taken; I saw Bing at the station next morning, and, on talking to her, I found she was there for the same thing as us, and neither she nor Palmer Was there at the time; Mrs. Martin has false sworn herself; the young woman that the prosecutor went home with has gone away and has never been seen since; I stated that at the Hall, and asked why it was not put in the deposition.
Edwards's Defence. It is false his stating that I struck him; I was not near him; I was two yards away from him; I certainly did drink in his company, but that is all.
Palmer's Defence. I was not any way near the house where it happened that night.
Bing's Defence. I know nothing about it.
the station that night—the policeman told me to go home, and he would find the parties, for he knew them—I gave a description of them—I did not go into a public-house with these people—before the Magistrate, Smith denied ever having seen me, and she was remanded four times—I did not go into any public-house to drink with them—it is a made-up story altogether—it is quite false about my going home with another woman—I did not go into any house about there—the last house I was in was the Crown and Sceptre at Brixton-hill, and I walked from there.
Smith. Q. Did not you say, "Girls, will you have any gin?" A. No—I did not go into No. 3, Princes-street with a girl with a black bonnet and red ribbons—I did not go to any house or brothel with any girl-—I am positive of that—I was sober enough to know what I was doing—the policeman knows whether I was drunk or no.
He had had a glass of drink, but was far from being drunk—he was as capable as I am now—I told him to go directly home, and if I saw the parties he gave me a description of, I had no doubt I could find him, but when I went to his house he was not there—it is about three quarters of a mile off—it was past eleven o'clock when I went—I also went to the house of a friend of his, where he had been and staid some time, and from there I suppose he went home—I did not go after him again that night—next morning he came down to Union—hall and identified the parties—he was not drunk at all.
Palmer. He said at Union-hall he could bring another witness that saw it all; he said he could find him in a week, if we were remanded, but he never did.
Witness. There was a person there the night the robbery was done, and he described the parties the same as the prosecutor—he was quite a gentleman, who was going by at the time—I said probably he might be passing that way again, and if so I would ask him to come down to Unionhall, and the Magistrate said it would be very proper to do so—I have not Been that gentleman since—he was seen the night after hy a person, but not by me—the prisoners were all searched, and nothing found on any of them—I am no relation of the prosecutor—I do not recollect ever having seen him before that night—I know his friend where he called—that is not a public-house.
NOT GUILTY .
280. WILLIAM PALMER was again indicted for feloniously assaulting Daniel Martin, and cutting and wounding him on the hand with intent to resist and prevent his lawful apprehension and detainer.—2nd COUNT, stating his intent to be to do him some grievous bodily harm.
DANIEL MARTIN (police-constable L 93.) On the night of the 26th of Nov. I received some information from George Martin of having been robbed; in consequence of which, on the following night, about ten o'clock, I went to the Alfred's Head, and found the prisoner there—I knew him before, and he knew me-1 had my police dress on, and was on duty at the time—he could not fail to know I was a policeman—I told him I wanted him—he asked me what for—I told him 1 would tell him when he got down to the station—on coming out at the door, he attempted to run away—Hill caught hold of his coat, and stopped him—when he got out side lie resisted, and was very violent—he pulled something out of his pocket, which proved to be a sharp instrument of some kind, and he
threatened to rip my body, b—guts out—as he was in the act of striking at the lower part of my body, I drew back, and caught it in my finger—I have the scar now—he stabbed at my body; it cut my finger—he immediately turned the instrument up against Hill, and cut him in the collar—during that time the instrument was rescued from him by another party that stood by, who went away—we then took him to the station—the, wound is nearly well now—it is a cut across the end of the finger—a deal of blood came from it at the time—the injury of itself is not serious.
Prisoner. He draped me out of the public-house; my waistcoat was unbuttoned; I had a key in my pocket; the policeman said, "What have you got there?" I said, "It is not yours," and I said to somebody, "Here, take the key," and he took it—I went quietly to the station.
Witness. It was a Spanish knife with a spring—I saw it pass over Hill's shoulder—I had no chance to take it from him, there were three or four of his companions round him.
EDWARD HILL . (police-constable M 135.) I went with Martin to apprehend the prisoner. On coming outside the door, he tried to run away—I laid hold of his coat behind, which hindered him from running—Martin caught hold of his collar—he put his hand into his pocket, and took out some instrument—we heard it snap—he threatened to rip Martin's b—guts out—he made aim at him—Martin threw himself back, and caught hold of his arm—he directly put it out of his right hand into his left, and came with it towards me—I drew back, and it caught my collar—I seized hold of his arm, and the parties behind me took and received the instrument.
Prisoner. When he gave his evidence before, he stated that I threatened to rip his guts open.
Witness. He said, "I will rip your b—guts open"—I do not know whether he meant me or Martin—he was very violent.
Prisoner's Defence. My life is being sworn away innocently; they have tried all manceuvres to take me since I came out of Brixton; they got a woman to watch me home; I had my paper in my bag one night, and when I came out again two policemen searched my place to see what I had there, and when they saw it was only writing-paper which I had to sell they came away again; they never said a word about this at the police court; I never struck the policeman with any instrument.
GUILTY .* Aged 21.— Transported for Fifteen Years .
(There was another indictment against the prisoner for assaulting Hill.)
Before Mr. Justice Wightman.
281. DANIEL FITZGERALD and WILLIAM MURPHY were indicted for robbery on George Gill, on the 24th of Nov., and stealing from his person, and against his will, 1 watch, value 4l., 1s. watch-chain, 11. 5s.; 2 seals, 11. 2s.; 1 watch-key, 4s.; 1 handkerchief, 1s.; and 2 shillings; his property; and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence to him.
MR. RYLAND conducted the Prosecution.
GEORGE GILL . I live at Hull—I am master of the schooner john Medley, which laid at rotherhithe-wharf. On sunday evening, the 24th of nov., I saw the prisoner fitzerald at a public-house—I had one glass of gin there—I had too much at last—I went out of the house by myself
to go on board the schooner—I was walking down the street, in a direction to the stairs, and saw Fitzgerald—he said, "Well, old chap, are you going on board?"—I said, "Yes"—there was another person with him, whom I could not recognise—he said he would see me safe on board, and come on board and have some supper along with me—he went with me towards the stairs, and the other man with us—before we got to the stairs we called in at Mrs. White's—when we got on to the wharf one of the two men knocked me down—there was nobody near me but Fitzgerald and the other man—he gave me a blow behind, and knocked me down—it must have been with his fist—I had a bat on—when I was down one of them ran away—. I had a watch with me—I do not know what became of it—the blow made me insensible—I was not conscious of missing anything at the time—my mate came from the vessel, and took me on board—he undressed me, and asked if I had lost anything, and I missed my watch, with a gold chain, seals, and key attached, and all my money, which was about 2s.—it was a double-cased silver watch—I had felt it safe not above five minutes before—Fitzgerald had come on board with me—the schooner lay alongside the wharf—we only had to walk over a lighter to get on board—when I missed my watch I accused Fitzgerald of it—I said either he had robbed me, or he knew who had, he knew his name—the mate went on deck, leaving him with me; and then Fitzgerald ordered me out of bed, and abused me very much—the mate, hearing a noise, came down, and Fitzgerald directly said to him, "I will give you as much"—a policeman was at last sent for, and he was given into custody—I also lost a pocket-handkerchief, which I have since seen in the possession of the policeman-nothing else has been found—I had seen Fitzgerald on board my ship before.
Cross-examined by MR. HORRY. Q. So he beat you in your own cabin? A. He did—I had told him I should be much obliged to him to see me safe on board—I did not offer him a glass of grog and some supper if he would go with me—he said he had had his supper—grog was not men tioned, that I recollect—I recollect something about his grumbling in the cabin, about my having given him the trouble for nothing—I was not in the Black Bull that night—I was only at the door—I was there in company with Fitzgerald and the other person—I am quite certain I was with Fitzgerald.
JOHN WILDBLOOD . I am mate of the schooner. I remember the captain going ashore on Sunday evening, the 24th of Nov., at half-past six o'clock—he was sober then, and had no bruise or blood about his face—he had his watch, chain, and seals safe then—about a quarter after eight some body hailed the ship—I went on deck, and saw the captain, and two men with him—Fitzgerald was one—the captain was lying on his back—Fitz gerald stood on one side of him, and the other man on the other side—I sung out to them to let the man alone, I would take charge of him—I went up to him, and found he was the worse for liquor—the other man ran away—Fitz gerald remained—I assisted the captain on board—Fitzgerald came on hoard after him—I observed that the captain's face was all over blood and mud—I helped him into bed, and as he was undressing I noticed he had not got his watch—I said he had not got it—Fitzgerald was in the cabin at the time—the captain said Fitzgerald had either got the watch himself, or his companion had it—I went on deck after that, and heard a noise in the cabin—I went down—I had left the captain in bed—I found him on
his back on the cabin-floor, and Fitzgerald standing by his side, apparently ill using him—I had seen the handkerchief in his hand before he came on board, and I afterwards saw him throw it on the captain—he hove it on him—that was on the wharf, before they came on board.
Cross-examined. Q. You do not know the man who ran away? A. No; I could not say whether fitzerald was trying to raise the captain or not—he stood by the side of him.
WILLIAM STOKER . I am a seaman on board the John Medley. On the evening of the 24th of Nov. I saw the captain on the wharf lying down, and two persons near him—Fitzgerald was one of them—I heard the mate sing out, and then one man ran out at the gate—Fitzgerald staid by the captain—the mate said, "Since you have brought the master, let him be"—Fitzgerald hove the handkerchief on him, the mate picked it up—it was afterwards given to the policeman—I took it into the cabin—I and the mate and Fitzgerald assisted the captain into the cabin—when we got on board Fitzgerald said, "The master promised me and my mate some supper"—I said, "Very well, then, he will give it"—he said, "The master promised me 18d., and I am not going out of the vessel before I have the 18d. from him" the master said to him, "Come along with me and you shall have some supper"—I did not go into the cabin with them—I afterwards heard a scuffiing—the mate called me, and sent me for a policeman—I brought two.
Cross-examined. Q. Did he not say he had promised him a glass of grog? A. I did onot hear that—he said something about supper, and if he would not give him a glass of grog he would give him one.
JAMES PACKAM (police-constable M 229) I was sent for on board the vessel on the 24th of Nov., and found Fitzerald there—I took him into custody—a handkerchief was delivered to me—I told him the captain charged him with stealing his watch—he said he knew nothing about it—I searched himat the station, and found two sixpences and four pence in copper upon him—he was rather the worse for liquor.
SARAH WHITE . I am a widow. I keep the Black Bull at Rothero hithe-1 saw Murphy and the prosecutor on Sunday evening, the 24th of Nov.—I knew Murphy before—they came to my house a little after eight o'clock—the prosecutor was intoxicated—they wanted some liquor—I would not serve them with anything, and they left—I ejected them—my house is a very little distance from the wharf, not quite opposite It—I said he had better get the key and take the captain on board—I asked him where be got the captain from in that state—he said he picked him up crossing the road—I knew he was captain of a ship by persons there saying so—they went away together.
EDWARD SACKICT . I am a ship builder, and live at Mrs. White's. I was there on Sunday evening, the 24th of Nov.—I knew Captain Gill—I had seen him once before—he came to the house that evening to ask Mrs. White to let him sit down—I did not see anybody with him—she would not permit him to sit down—I heard no conversation between her and anybody else—I have seen the prisoners in the street, but not to know them further—I did not see either of them that evening—I saw the captain go away—I could not see where I was, whether anybody was with him, because the partition would concealconceal anybody—I am certain the captain had his chain and seals then.
I took him into custody on this charge on the 3rd of Dec.—I found him in bed at his lodging at Bermondsey—I told him he must go with me to the station, and told him what it was for—he said, "I have heard a little, I suppose you will come and search my place, and tear the bed to pieces"—I asked him what for—he said, to see if I could find the things I was taking him for—in going to the station he said, "They will say when I get to the station, 'This is him we have been looking for this week past, he is come at last' "—he said I must have watched him in doors, for he came in very whist, for he expected there was somebody looking after him; and if Packham had met him he would not have been taken by him.
Murphy. I said nothing of the sort; I did not know the policeman's name.
Murphy's Defence. I had nothing to do with it; I saw nothing of it; me and this man were not together at all.
(Fitzgerald received a good character.)
NOT GUILTY .
Before Edward Bullock, Esq
WILLIAM HORWELL . I am a cheesemonger, and live in Lower-Marsh, Lambeth. The prisoner was in my service as shopman about a month—he served behind the counter, and received money which he was to put into the till when he received it—in consequence of something I requested the witness, Tapley, to mark some money—next morning I examined the till—I found 19s. in it; none of it was marked—I went out and returned with Tapley—I called the prisoner and asked him whether he knew Tapley—he said "No," at first—he then said, "Yes," he recollected him coming in the morning and purchasing some goods—I asked him what he had received from him—he said, 4s. and half-a-crown—Mr. Tapley said, "Never mind what I gave you; what have you got about you?"—he said that was soon shown, and produced 12s. 6d. out of his pocket—I think there were three crowns and 5s.—there was one marked half-crown and three marked shillings—these produced are them.
GEORGE TAPLEY . I am a silversmith, living at Kennington. I marked a half-crown and some shillings on the Thursday, in consequence of Mr. Horwell's request—these now produced are what I marked—I went to his shop with the marked money, and purchased something—I gave the marked money produced, and one other shilling, into the prisoner's hands—I saw him go to the till and open it—about three hours after that I went to the prosecutor—he called the prisoner into the parlour, and asked him whether he knew me—he said, at first, he did not, and afterwards that he did—he prosecutor then asked him what money I had laid out with him in the morning—I think he said, one half-crown and 3s. or 4s.—I interrupted the prosecutor from asking any more questions, and asked what money the prisoner had about him—he took it out of his pocket and placed it in my hand—I examined it, and among it found the marked half-crown and 3s. produced—he fell on his knees and begged for forgiveness.
Prisoner's Defence. The gentleman came into the shop and I served
him with 6 3/4 lbs. of bacon, which came to 6s. 4 1/2 d.; he gave me the money; I went outside to cut a rasher of bacon for a lady, and put the money into my pocket while I cut it; he says I went behind the counter; but I never did; there were no halfpence in the till, and I went and asked the servant if she had any; she said, "No"—I cut the lady the rasher, and then gave the gentleman three-halfpence; I had 10s. in my pocket.
MR. TAPLEY re-examined. I saw no female—the female servant came into the shop—I had dealt at the shop before, but not with the prisoner.
GUILTY. Recommended to mercy by the Jury, and also by the Prosecutor, who gave him a good character.— Confined Three Months.
Before Lord Chief Justice Tindal.
JOHN CROSS HUMBY . I am a shoemaker, and live at No. 51, Blackfriars-road. The prisoner was in my employ about three weeks as shop or errand boy—on the 18th of Nov., about eleven o'clock in the morning, I placed thirteen sovereigns, three half-sovereigns, and 4l. 10s. in silver, in a bowl in my till—there is a lock and key to it, but I did not lock it—I had occasion to leave my shop for a few moments, and left the prisoner in the shop—he could not have seen me put the money into the till—his back was towards me—he may have heard it—he was standing at the door minding the goods—I returned in about a quarter of an hour—the prisoner was then gone—I looked into the till and missed the bowl and its contents—I saw the prisoner again on Friday, the 13th of Dec., and gave him into custody—I have never recovered any of the money.
JOHN DAVIS (police-constable L 46.) I received the prisoner in charge from the prosecutor—I took him to Union-hall police-court—I made him no promise or threat—he told me voluntarily that he went down to Whitechapel to be out of the way, that no one might know him; that four boys surrounded him, and would have some of the money, and he gave them a half-sovereign each—that he went further on and saw two boys playing at marbles; that he bought a halfpenny worth, and while playing at marbles some of the money fell out of his pocket; that they would have some money from him, and he gave them 30s. to buy some clothes with; that they recommended him to a lodging in Wentworth-street, Whitechapel; and they kept him there for a fortnight—I went there to make inquiries, and found that he had been there, but had passed off as an orphan boy with the other two that were with him.
GUILTY .(†) Aged 14.— Confined Twelve Months.
Before Edward Bullock, Esq.
284. JOHN RYAN was indicted for stealing, on the 23rd of Aug. 1 bottle, value 1s. 6d.; 1 bottle-case, 1s.; and 1 flask, 2s.; the goods of Edward Dyer: and that he had been previously convicted of felony.
THOMAS GOOSE (police-constable L 160.) On the afternoon of the 22nd of Aug., between four and five o'clock, I saw the prisoner at the prosecutor's shop, leaning over into the front of the shop, as if looking at something—I saw him leave, and put something into his pocket—I followed him
a quarter of a mile, stopped him, and asked what he had got—he said, "Nothing"—I took him to the station, and found this bottle and case.
Prisoner. I bought it for 8d.
Witness. I had not sold anything of this sort for a week before.
STEPHEN CURRY (police-constable L 148.) I produce a certificate of the prisoner's former conviction, which I got from the Clerk of the Peace of Surrey—(read—Convicted 18th of March, 7th Viet., and imprisoned three months)—he is the person.
GUILTY . Aged 28.— Confined Twelve Months.
SARAH ANN GOLDING . I am the daughter of Abraham Golding, a cheesemonger. I saw the prisoner take this cheese from the counter—I was in the adjoining room—he ran out—I ran after him—he threw the cheese down, and I caught him—this is my father's cheese.
JAMES BAKER (police-constable P 98.) I produce a certificate of the prisoner's conviction, which I got from the Clerk of the Peace of Surrey—(read—Convicted on the 5th of Feb., 7th Vict., and imprisoned three months)—the prisoner is the boy.
GUILTY . Aged 13.— Confined Six Months.
GUILTY . Aged 22.— Confined Twelve Months.
287. CORNELIUS SWEENEY was indicted for breaking and entering the dwelling-house of Richard Perceval, on the 7th of Dec., at Rotherhithe, and stealing therein 5 spoons, value 7s. 6d.; and 1 pair of sugartongs, 6d.; his property: and that he had been before convicted of felony.
GRACE PERCEVAL . I am the wife of Richard Perceval—we live in Lynx's-cottages, Queen-street, Rotherhithe—it is in the parish of Rotherhithe—these spoons and tongs are mine—I have had them rather better than twelve months, and my name is on them—they were kept in a glass mug on the table in the parlour—I saw them safe on Saturday, the 7th of Dec., on the table in the front room, between eleven and twelve—I went out into the yard for about five minutes—I came in again, and shut the door—I left the key in the door, outside—it was fastened on the springlock—there is a front window which was shut and fastened—I heard a noise, which I thought was the cat—I went to see, and found the prisoner in the act of leaving the parlour, and the street-door was then open—he threw the spoons down, and in getting to the gate of the yard he threw me down—some men caught him—I had noticed the door of the house just before, and I am sure it was shut, and the key was outside—it could only have been opened by the key—when the prisoner was brought back
he said it was his first offence, that he was a poor lad in distress, and wished to be forgiven.
MARY BAGGOTT . I am the wife of John Baggott. I live in the next cottage to the prosecutor—I saw Mrs. Perceval running on that day—I ran out, and fell over the spoons and tongs—I took them up and gave them to her.
THOMAS WEST (police-constable M 249.) I produce a certificate of the prisoner's conviction, which I got from the Clerk of the Peace of Surrey——( read—Convicted on the 23rd Oct., 7th Vict., and imprisoned twelve months)—I was present—the prisoner is the person.
GUILTY of stealing only. Aged 18.— Transported for Seven Years .
288. CAROLINE TAYLOR was indicted for stealing, on the 17th of November, 1 pair of trowsers, value 5s.; and 1 album, 2s.; the goods of Henry Bird; and GEORGE DEAN for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
HENRY BIRD . I live in Clapham-place-road—Taylor lived with me about two years—I saw Dean at my house on two occasions before he was taken—one evening, on returning home, I found him in the kitchen—I inquired who he was, and Taylor stated he was her cousin—I did not miss these trowsers till they were found on Dean's person—Taylor was not present—he was asked if he had received anything from my house—he said, "Yes, a pair of trowsers, which are these I have on"—these are the trowsers—they were in my wife's possession—I do not know where she kept them.
Cross-examined by MR. PAYNE. Q. You had not seen them for some time? A. No—they are my son's, who is eighteen years old—I paid 25s. for them—I find my son in clothes—I should think these are worth three half-crowns—I do not know that my son had given them up—he had no right to give them away—when he leaves off his clothes they are still my property—my wife would have altered them to fit my younger children.
NOT GUILTY .
MARY ELLEN BIRD . I am the wife of Henry Bird; we live in Clapham-place-road—the prisoner was in my service, but under a notice to leave—my little boy said to me in her presence, "Do you owe Mr. Strange an account?"—I said, "No"—he said, "He told me to name it to you, because you always pay money; he thought it very odd "—I went into the back kitchen where the prisoner had then gone, and said, "Do you know anything of this? do you owe Mr. Strange anything? have you had anything without the money?"—she said, "No"—I said, "You had better go to him "—she said, "I am very sorry, ma'am, you gave me the money; I have made use of it, and I owe Mr. Strange the money "—I always gave her money to fetch articles—she said she would pay it when she had her wages—I said I had no wages to pay her, for I had paid her on
the day previous—I gave 5s. or 6s. to get butter and various articles—I cannot swear that I gave her a half-crown or a sixpence.
NOT GUILTY .
DOWNES pleaded GUILTY . Aged 21.— Confined Four Months.
HEATH pleaded GUILTY . Aged 31.— Transported for Seven Years .
290. JOHN BARNES was indicted for stealing, on the 1st of Dec., 6lbs. weight of beef, value 2s. 9d.; 1 pudding, 6d.; and 1 dish, 6d.; the goods of James Ware; and that he had been before convicted of felony.
JAMES WARE . I am a labourer, and live at Camberwell. On Sunday, the 1st of Dec., I took to Mr. Horsley's a piece of beef and a batterpudding in a round dish—about twenty minutes after one o'clock I went for it, but it was gone—I saw the dish again on the Monday—this is it—it is brown at the bottom and yellow at top—I know it well.
DAVID HORSLEY . I live with my father, George Horsley, a baker, at Camberwell. On Sunday forenoon, the 1st of Dec., the prosecutor brought his beef and pudding to be baked—a few minutes past one o'clock the prisoner came—he was going through the house into the bakehouse—I asked if he had paid, and he put down 2d. on the counter—I asked whose he came for, and I understood him the name of Ware—lie went into the bakehouse, and came out with something which had a cloth over it—I could not tell whether it was meat or pudding—as soon as he had left, my father came from the bakehouse and spoke to me—I went after the prisoner—I did not find him—the next night I went with an officer to a house in Edward-street, in the Grove, saw the prisoner, and gave him into custody—I saw this dish behind him in the chair where lie was sitting, and the officer took it—I saw the dish that Ware rought his meat and pudding in—it was such a dish as this, but I did not notice it—I am quite sure the prisoner is the person.
GEORGE SAMUEL HORSLEY . About ten minutes past one o'clock, on the 1st of Dec., the prisoner came with a cloth—I am confident of him—he did not ask for anything, but I said, "My man, whose do you come for?"—he said nothing—I asked again, and he said, "Smith"—I said, "What, of Collingwood-street?"—he said, "Yes"—I said, "What?"—he said, "A dish of beef "—I said, "Potatoes?"—he said, "No, but a pudding"—I allowed him to take it.
Prisoner. You said you could not swear to me.
Witness. When you came, you had a cap on: and when I saw you again, you had a hat, but you are the person.
JOHN MOODY . I live in George-street, Camberwell. On Sunday, the 1st of Dec., I went to Mr. Horsley's for my baking—while I was there the prisoner came in whistling—Mr. Horsley asked what his was—he said, "A bit of beef"—he asked him if there were potatoes under it—he said, "No; pudding"—he took away a dish like this, with beef and pudding in it—I am quite sure he is the person.
THOMAS CLIFFORD (police-constable P 300.) I produce a certificate of the prisoner's former conviction by the name of john Smith, which I got from the Clerk of the Peace of Survey—(read—Convicted on the 18th of march, 7th vict., and imprisoned six months)—the prisoner is the person.
GUILTY . Aged 21.— Confined Twelve Months.
Before Mr. Recorder.
GUILTY . Aged 19.—Recommended to mercy.— Confined Two Months.
292. JOHN GOATLEY was indicted for stealing, on the 25th of Nov., 1 tub, value 1s.; and 56lbs. weight of butter, value 2l. 16s.; the goods of Henry Musselwhite; and that he had been before convicted of felony.
MR. SIMON conducted the Prosecution.
HENRY MUSSELWHITE . I am a dairyman, and live in Park-place, Kennington-cross, Lambeth. On Monday morning, the 25th of Nov., I left home a little before six o'clock to serve my customers—I had a tub of Dutch butter—it was nearly 3/4 cwt.—it was on the butter board behind the butter counter—we have a large counter for butter, and a small one for milk—I left my daughter in care of the shop, my wife being ill—I returned about half-past eight o'clock, and the tub of butter was then gone—afterwards saw some hoops, and some of the same sort of butter as had been in my shop that morning.
ELIZA RACHEL MUSSELWHITE . I remember on that morning my father left home a little before six o'clock—between his going out and returning the prisoner, and another man with him, came into the shop—it was a little before half-past eight o'clock—each of them had a halfpenny-worth of milk—the prisoner paid a penny for it—they were in the shop about two minutes, and then went away—I cannot remember that any one came into the shop afterwards—I went through a door behind the small counter—I know the tub of butter had been on the butter-shelf behind the long counter—the prisoner and the other man could see the butter as they stood drinking their milk, and when I went through the door they would have an opportunity of getting it—my father came home about six minutes after they left, and then the tub and butter were gone.
EMILY STEVENS . I am single, and live in Ebenezer-row, Kennington-lane. On the morning of the 25th of Nov. I was passing the prosecutor's shop, and saw two men standing at the door—a person spoke to me—I turned to speak to him, and when I turned again a man came from the prosecutor's door with a tub of butter on his head—the prisoner was one of the two men who were standing at the door—the man with the butter on his head passed on first, the prisoner and the other man followed him a moment after, and they all three passed down Cardigan-street, rubbing their hands and laughing—they were all together, and did not separate while I saw them—I did not give any notice at the shop, as I was short of time, and was going to a place where I had an appointment—the man who had the butter was dressed like a man Mr. Musselwhite would employ, and 1 did not know whether it was stolen or not—I went afterwards with
the officer to the prisoner's house in Cardigan-street, about half-past eight o'clock.
Prisoner. You said you did not know what it was.
Witness. It was a tub of butter with about a pound and a half taken out of it—I saw that as it swayed on one side.
JAMES BROOK (police-constable L 118.) I took the prisoner in the evening of the 25th of Nov. in bed at No. 58, Cardigan-street, Kennington—on searching the room I found some hoops and some butter, which I produce, and this other portion of butter I found below stairs—the prisoner said his wife bought the butter, but he could not tell where.
HENRY MULSELWHITE re-examined. This is Dutch butter, it tastes just like the butter I had—I had been to the tub just before I went out, to take a bit of the butter on a bit of bread—I had removed about a pound and a half out of it—these are Dutch hoops, and such as were about the tub I lost—Irish hoops have the bark on them, but Dutch hoops are generally white, like these—this butter is a little salt, but not so salt as Irish.
Prisoner's Defence. On the morning he missed the butter I sent my wife to Mr. Busk, the doctor's shop, to say I wanted some medicine, as I was in bed; he sent word I was to get up and come to him. I went, and he made me up a bottle of medicine; in going along, I saw the landlord, who keeps my house; he asked me for 1d., and I gave it him, and we went and had a halfpenny-worth of milk each. I came out, and he said, "Stop, Tom will be here in a minute." I did not know what he meant. I went home, and went to bed, and was in bed all day. I had about a quartern of butter in my room; the officer took that, and some he got below, and clapped it all together; there was one hoop in my room, which my little girl had to play with; the other hoops were below. I believe they fell off a buttertub, which was used for a washing-tub, and stood in the yard.
EDWIN JAMES ANNETTS . I produce a certificate of the prisoner's former conviction, which I got from the clerk of the peace of Surrey—the prisoner is the person mentioned in this certificate—I was present at his trial for stealing lead from a person narau Lloyd—I was then in the police, and took him—(read—Convicted 18 th March, 7 th Viet., and imprisoned six months.)
GUILTY . Aged 23.— Transported for Ten Years.
MR. BALLANTENE conducted the Prosecution.
THOMAS BURT . I live in Pleasant-cottage, Clapham-common, and am a milkman. On the 16th of Oct. I lost a barrow, about five o'clock in the morning—it was worth about 30s.—it was locked up to a water-cart, with a chain and padlock, in front of my door—I gave information about half an hour after missed it—I heard nothing of it till the 29th of Nov., in the evening, when my wife handed me this letter—(looking at it)—after receiving it, I communicated with the police, and by the policeman's advice
I wrote an answer, and put it into the Post-office, addressed to Mr. Long, 4, commercial-place, Finsbury-square—I did not keep a copy of it—on the 3rd of Dec. Tyas brought me this other letter—both the letters were open—I had some conversation with Tyas, and after that I went with him to a broker's shop, in Trafalgar-row, Walworth-common, and there I saw my chaise, which I had lost, not the barrow—I did not see the prisoner then—next day Tyas brought him to within 100 yards of my house, and the prisoner said there was a misunderstanding between us about the barrow, as we could not find it the day before—we were talking about the barrow going along the road, and he said Mr. Tyas, his friend, would point out the barrow to me—lie did not say whether he himself knew where it was—the prisoner then left us—I went with Tyas to Carley and Sons, at Walworth-common, and saw the barrow there—Tyas went with me, but the broker took me in to find the barrow—the policeman took possession of it—I paid sixpence to Mr. Tyas the day he brought the prisoner—I afterwards gave him 1s.—I suppose the prisoner meant the misunderstanding was between me and him—he used the word "us."
CHARLOTTE BURT . I am the prosecutor's wife. On Friday evening, the 29th of Nov, I was at my own door on Clapham-common—a man me and delivered me this letter—I gave it to my husband—I cannot swear to the person as it was between the lights, but I believe the prisoner is the person, by his stature, and by his walking down the lane when he turned from me—he said he brought it from the Plough Inn, which is about two hundred yards from our house—on the 5th of December I saw the prisoner with my husband about a hundred yards from our house—he was standing beside my husband—I went close to where they were talking, and said to my husband, "You have not got the 5s. to give them"—I gave my husband the 5s., and then I went away.
Prisoner. Q. Are you aware that on the first examination the question was put to you whether you could identify the man that gave the letter, and your answer was you could not swear to him? A That I said, but it is my firm belief you are the man—I did not swear on the Tuesday that you were the person—to the best of my belief you are.
ROBERT EMMERSON (police-constable V 9.) I had a communication from Mr. Burt, and took the prisoner—he did not say anything to me before the examination, only after the Magistrate had cautioned him—I believe what he said was taken down.
Prisoner. When the Magistrate was about committing me, with another prisoner, he asked, "Did the prisoner say anything about the letter?" there, was not one officer would say "Yes;" but this officer, previous to that, had made out the prosecutor's and the witnesses' expenses, which he took to the Magistrate, who shook his head, and said he considered 10s. a-day was too much; the officer then went out; when he returned, and heard the Magistrate say, "Is any person here who heard the prisoner own the letters?" he said "I did," and then he was bound over.
COURT Q. Did the Magistrate decline binding you over? A. Yes—that was before anything was said about the letters—he did not think it was necessary, and afterwards he did—another constable said he heard it, and then the Magistrate said, "I called some one else," and he bound me over.
(Letter read—"Nov. 29, 1844,—Sir, You had a child's chaise stolen about four months ago, and about six weeks ago a barrow from opposite
your door, some time in the morning before you were up. My brotherin-law stole them both of you; my sister has told me all about it, how he did it; he don't know that I know about it; they are not above a mile from your house at Stockwell, in his yard, and covered over; you, I think, know him about Clapham when you see him; if you like to send me 5s. for my trouble, you shall have a letter before twelve o'clock next Monday, from me; in it I will state his name, the number, and what place at Stockwell; if you look over his palings at the back of his house, you can see the wheels of the barrow at once; but you will find both * * Take a policeman with you. If you think 1 am not telling you the truth about it, don't do it. I don't want to he seen in it myself; so now I have told you. I will send a boy with a letter to your house before twelve o'clock next Monday. Don't speak to the boy about it. So, if you think proper to do so, send the 5s. to-morrow by post, or Delivery Company, but not yourself, or no one else; afterwards I don't mind seeing you myself; then I will tell you the reason I did it about my brother-in-law. You may depend you will have your chaise and barrow on Monday, if you like, but if you get a policeman, or any one else before you send the 5s., don't send it at all, as I may get myself in trouble. If you don't believe me, say no more about it; if you think I am deceiving you, * * If you act right, by God you will find me right * * so as you shall have the barrow and chaise. But send it to me addressed to Mr. Long, to be left at Mr. Morgan's, No. 4, Commercial-place, Finsbury-square, London, till called for. I shall not call myself for it, but I will send for it. If I find you right, you shall have the letter on Sunday evening; and if you wish to see me then, I will be at the tap-room at Plough public-house, Clapham, Sunday night. But don't let no one know what you and me is about at the Plough. I am known there. I shall send on that * * about me to Mr. Morgan.")
EDMUND CARLEY . I am a broker, and live at No. 1, Portland-row, Walworth. I bought this barrow of the prisoner for 8s.—I believe it was on the 16th or 17th of Oct.—I am no relation of his—he asked if I would buy it, and told me he wanted 8s.; that the reason of his disposing of it was, he was going into the country, and that he bought it about twelve months previously.
Prisoner. Q. When the prosecutor and the witness came to your house, did you not deny having a barrow? A. No, I did not—it was not at that time exposed for sale, it had been—it was then in a shed adjoining the house—I had it painted.
Prisoner. Q. Was it as it is now? A. No—when I asked the broker about the barrow, he said he had not got any barrow for sale—it was in the garden, at the shed—it had been painted when I saw it—when I lost it it was painted blue.
COURT. Q. Did he attempt to conceal the fact that he had a barrow on his premises? No—he said he had not a barrow for sale; he had a barrow on his premises, but it was sold.
COURT to EDMUND CARLEY. Q. Is that what you said? A. yes—it was sold to a polisher who works for my uncle—the prosecutor asked if I had a barrow for sale-1 said, "No"—he said, "A laundress's barrow"—I said, "No"—he said, "You had one"—I said, "I know I had—Tyas
id, "You gave 8s. for it"—I then took them to where the barrow was, and drew it out.
Prisoner. Q. Did you not go and speak to your father before you gave them an answer? A. Yes; but I told Mr. Burt I had one before I spoke to my father.
COURT. Q. Was that before he told you he had not a barrow for sale? A. It was after—when I first addressed him I asked if he had got a barrow for sale—his answer was he had not—Tyas asked him if he had had one—he said, "Yes, I sold one about a fortnight ago"—Tyas asked if it was on the premises—he said yes, it was not gone—he took us to the back, and produced it—Tyas said, "Is that your barrow?"—I said, "Yes, I can swear to it"—the policeman came in, and I gave Tyas into custody—while we were waiting in the shop, Carley went and spoke to his father.
Prisoner's Defence. I have been given to understand that this prosecution is got up to sacrifice not me, but the man who was discharged yesterday; he is well known to the City police, and they asked several individuals to subscribe to get Counsel for him, not knowing that the bill would be thrown out; I have been thirty years service, and never had a stain against me; my last situation was tha of a turnkey in the House of Correction for Surrey; I left that twelve months ago, on account of Edward Lawrence, who was convicted here; he was in that prison, and kept on short diet because he would not work on the wheel; he was found to have a piece of bread, and the Governor suspended me, and told me if I could prove Ldid not give him the bread I should not be turned out, but I was not able to prove it; I have pledged and sold everything I had in the world; I have six children I had a recommendation from a Magistrate of the county of Warwick, and have applied at different places, but, being dismissed for giving this man bread, they would not employ me; the prosecutor says he lost this barrow at six o'clock in the morning; I never was up at that time; I asked the Magistrate to allow some other persons to be in the office to see if the broker could point me out as the person who sold the barrow; he said it was a man with a blue coat, and this dress I have on is the only dress I have had for the last twelve months.
EDMUND CARLEY re-examined. Q. Had you any previous knowledge of the man who brought the barrow? A. Not any—I am certain of the prisoner's person—the transaction occupied nearly twenty minutes—my father came out just before I paid for it—I am quite confident about the person who sold the barrow—I noticed his voice and person and manner—I described to the policeman that he had a blue rough coat, and I believed him to have on blue trowsers, very much like a policemans trowsers, but I did not speak positively to that—the prisoner had not his hat on all the time—he took it off two or three times—I have not the slightest doubt that he is the man.
Prisoner. I was told the man had lost a barrow, and I heard where it was stolen from, by the Elephant and Castle, andsho they were that stole it, and that they sold it at such a place; I was a dat and a half finding the place out; I told the man who was discharged to look out where the barrow
was; I knew it had been sold in that quarter; he said he could not find it; I knew the articles were stolen, and I thought I would get a few shillings by giving information, but, as to stealing it, I declare to God I never stole it; I never was out till nine in the morning.
GUILTY . Aged 40.— Transported for Seven Years .