CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 6TH, 1845.
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, January 6th, 1845. and following Days.
Before the Right Honourable MICHAEL GIBBS, LORD MAYOR of the city of London; Sir John patteson, Knt., one of the Justices. of her majesty's Court of Queen's Bench: William Erle, Esq., one of the. Justices of Her Majesty's Court of Common Pleas; Matthias Prime Lucas, Sir Peter Laurie. Knt., Charles Farebrother, Esq.; and sir Chapman Marshall, Knt.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; John Johnson, Esq.; John Kinnersley Hooper, Esq.; and Thomas, Farncombe, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriff's 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. THIRD SESSION.
A star (*) denotes the 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, January 6th, 1845.
First Jury, before Mr. Recorder.
294. JESSE LUCAS and RICHARD RINGHAM were indicted for feloniously breakilng and entering the dwelling-house of Joseph Carpenter, on the 16th of Dec., at Teddington, and stealing therein 3lbs. weight of pork, value 1s. 6d.; 1lb. weight of sugar, 6d. 1 knife, 8d.; and 3oz. weight of coffee, 4d.; his property.
GEORGE COOPER . I am a farmer's lad, and live in Teddington-lane. On the 16th of Dec., about three o'clock in the afternoon, I saw Ringham and another young man in Shacklegate-lane, near Mr. Carpenter's house—I went home and told my mother, and went out again within twenty minutes to watch them—I went toward. Mr. Carpenter's house—saw Ringham go down the lane—I then saw Lucas and another come over the hedge that parts the lane from Mr. Carpenter's garden—it is ata the back of the house—they joined each other, and all three came out of the lane together—Lucas had something under his arm—I went to tell carpenter—I found him in Mr. Webb's field, about a quarter of a mile off—I returned with him to his house—he opened the door with the key—I notice the window of the ground-floor room—all the iron was broken down, and a piece of wood broken off from the bottom of the window was a little open—Carpenter sent me for the police—I made inquiries of persons I met, in consepuence of which I went along the road till I got to Goodall's-corner, which wasa bout half a mile off—I there saw the prisioners standing—when I was about 100 yards from they went in-doors, into Lucas's house—I went to Dodd the policeman's house—he was at home, and I told him what had happened—I went back with him after the prisoners—I did not meet with them—I am certain the prisoner are the men—I knew Lucas before.
a quarter to four o'clock, Cooper came to my house, and called me—I went with him after the prisoners up Mill-lane—I saw them at the top of the lane, which is a mile and better from the prosecutor's—it was the same lane that Lucas lived in—they went round across the fields, and worked back again towards Lucas's house—as soon as they saw me they ran—I had seen Lucas before, and am sure of him, but am not sure of the other—I went to Mr. Carpenter's—I saw the window broken, and the bar lying down—I went back to New Hampton—I finally took Lucas at his own house, at eight o'clock—none of the things have been found.
Lucas. This is not the constable that took me.
Witness. There was another constable with me; I did not search him before the afternoon—we took them together.
JOESPH CARPENTER . I live at Teddington. My house was broken open, and three pounds of pork, three ounces of coffee, a pound of sugar, and my gardening-knife were stolen—I had met Ringham that day, as I was going from dinner, about 150 yards from my house—he asked me what it was o'clock—I said I believed pretty near three—we were late at dinner—it was before four when Cooper came down to me and gave me information—I have not found any of the things—Ringham was dressed in a brown coat—my house is in the parish of Teddington—I keep and occupy the whole house—I have lost my wife, and no one sleeps in the house but a neighbour's little boy and myself.
GEORGE BALL . I was in Teddington-lane on the 16th of Dec., about half-past two o'clock, and saw two young men in the lane; I do not know who they were, and on going further I met Ringham—I spoke to him—I do not know Lucas—I think Ringham had a coat on, but I am not sure—I cannot say whether it was a dark or a light coat.
GEORGE COPPER re-examined. I was about 100 yards off when I saw Lucas and the other come over the hedge—I distinctly saw him, so as to know him—I followed him up, and had a good opportunity of seeing him before I lost sight of him—I think I should know the other who was with him—I have no doubt about Ringham—when Lucas and the other joined him I saw them walk together about 100 yards; then they went round the corner, and I saw Ringham go into Lucas's house—it was about half a mile from Carpenter's—I caught sight of them again, in the officer's presence, against the windmill bridge—I was then about 200 yards from them—it was getting darker then, but I am certain of them—Ringham had a dark coat on, and Lucas a light coat.
A. DODD re-examined. I produce a coat which I found at Lucas's mother's house, which is the house Cooper saw them go into.
J. CARPENTER re-examined. It was such a coat as this that Ringham had on.
G. COOPER re-examined. It was a coat like this that Ringham had on.
Lucas's Defence. The witness never saw me; I know nothing about it; this coat had been in the room for six months; Ringham new wore it.
Rinqham's Defence. I know nothing at all about it.
NOT GUILTY .
DENNIS CARR . I am in the service of Mr. James Brown, a builder, of College-hill. I know the prisoner—he is a carman to a person named Cherry, who keeps carts—Cherry was employed to remove bricks for Mr. Brown—I saw the prisoner with his master's cart at Maidstone-wharf—he took three loads of bricks away, 500 each time—all the bricks belonged to Mr. Brown—they were carted out of Mr. Brown's barge.
Cross-examined by MR. BALLANTINE. Q. You delivered three loads to the prisoner, by order of your master? A. Yes—I saw them counted out of the barge—I know nothing about them after they were taken.
THOMAS COPPER . I live in Moor-lane, Cripplegate. On Saturday, the 21st of Dec., I was sent by Mr. Brown, my employer, to unload the bricks brought by the prisoner—Mr. Brown lives in stainingm-lane—he brought two loads, not three—I was sent there to receive them—I received one at twelve, and the other about five.
HUGH HUGGINS . I am in the employment of Mr. Brown, of Maiten-head-court, Moor-lane. On the 21st of Dec., about five o'clock, I was in Staining-lane, and saw the prisoner unload some bricks—I asked him if that was to be the last load—he said that would be the last load—about seven o'clock I met him in Jewin-street driving a cart, which contained, apparently, a load of bricks, which is 500—I asked him where he got those bricks—I followed him into Old-street—he Was then in the Pitt's head—I staid by the horses till be came out—I told hint to turn those bricks back, they were Mr. Brown's bricks—he made me no answer—he stopped for few minutes, and said, "What I had better do?"—I said, "You had better turn the bricks back to Staining-lane, and I will help you to unload them"—he did turn back—I asked how he got the bricks into his cart—he said he loaded them himself after six o'clock—Old-street not in the direction Staining-lane.
Cross-examined. Q. How far is Old-street from Staining-lane? A. I do not know—I do not think it is a mile—I could walk it in five minutes—Jewin-street is not in the way from the wharf to Staining-lane.
JAMES JANSON (City police-constable, No. 497.) I met the prisoner on the 21st of Dec. in Little Trinity-lane, Upper Thames-street, about a quarter to six o'clock in the evening—I asked him if he was wailing for Mr. Brown's man Jem—he said, "Yes"—I asked if I should tell him—he said, "No"—he was standing at the end of the lane watching two of Mr. Brown's carts being unloaded—his cart and horse was out of light at the time, up the lane—I should say it was between thirty and forty yards from the wharf—it was empty.
JAMES BROWN . I live at No. 24, College-street, Thames-street—my wharf is at Maidstone-wharf, Queenhithe. These bricks were to be unloaded in Staining-lane, Wood-street, where I am building a sewer—the directline there from the wharf would be either down St. Martin's-ie-grand or down Wood-street—Jewin-street or Old-street would be quite out of the way—when we want hired carts I always direct my people to employ Cherry's carts—my men leave work when they finish the barge, about half-past five or six o'clock—none of them were at work as late as six—I was not there myself, but they had finished their job at that time, and I was in the counting-house paying for the unloading—the prisoner had no authority to remove bricks from my wharf in the absence of my people.
Cross-examined. Q. Do you know what authority was given to the prisoner? A. No—he had no instructions from me of any kind—I give general instructions to my men to employ extra strength, leaving it to their discretion as to the time the carts should come to remove the bricks—they must stay till they finish unloading the barge—they often stay later than half-past six—none of the men are here that were unloading, except Carr, who tallied the bricks into the cart.
DENNIS CARR re-examined. I delivered the last bricks to the prisoner about half-past five—I left the premises about a quarter to six—we then had everything cleared away, and the barge was finished—there were no more bricks to deliver out of the barge—the prisoner was engaged in taking bricks from the barge—I met him in Queenhithe, and asked him if he was going to have any more that night, and he said no—we were all clear away from the wharf at about a quarter to six—any one who came after six would find none of Mr. Brown's people there.
GUILTY . Aged 42.— Confined One Year.
GEORGE TREW (Citypolice-constable.) On Monday, the 23rd of Dec., I saw the witness Norton in Leadenhall-market, about twelve o'clock in the day, passing through the market in a crowd—I saw the prisoner in company with two lads—the prisoner put his hand into Mr. Norton's pocket, took out a handkerchief, and put it into his own trowsers' pocket—I seized him, and took it from his pocket.
Prisoner's Defence. He did not take it from my pocket, but took it up at my feet.
GEORGE TREW re-examined. I saw him put it into his right hand pocket, and seized him—he tried to get it out of his pocket himself, but I seized it before it went to the ground—there were two others behind him.
GUILTY .— Aged 16.— Confined One Year.
297. WILLIAM CARNEY was indicted for stealing, on the 18th of Dec., 1 basket, value 2s.; 1 box, 2s.; 1 pair of boots, 12s.; 6 shirt, collars, 6s.; 1 ham, 6s.; 5lbs. weight of pork, 2s.; 6lbs. weight of bacon, 3s.; 2 shillings, and 1 sixpence; the goods of Edward Sherman.—2nd COUNT, stating them to be the goods of Robert Smith; to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
JOSEPH FIRTH . On the 16th of Dec. I went into the service of Mr. Pyecroft, a farmer, at Enfield. I had a room to sleep in over the stable—I left on the floor there a smock frock, a velveteen coat, a pair of leggings, and a silk handkerchief, and went that same day with my master's cart to
London—I got back on the 17th of Dec., between four and five o'clock, and missed my coat and handkerchief between five and six—I informed my master of my loss—on Tuesday, the 18th, I went with a policeman to a pawnbroker's at Edmonton, and there found my coat—this now produced is it—I have not found my handkerchief—I did not lose my other things, only the coat and handkerchief.
JOH PYECROFT . The prisoner worked for me on the Monday, the 15th or 16th of Dec., the day before Firth came—I saw the prisoner on a the Tuesday morning, the 17th, in the chaff-loft adjoining the loft where Firth kept his clothes—he must have gone through Firth's room to get to the chaff-loft—I had not paid the prisoner his wages when he left the day before—I cannot say whether he had a coat on when I saw him in the chaff-room—I told him to come down—then paid him his wages, and he went away—I saw him again about half-past three in the afternoon; that was before Firth had come back from London—Firth had left for London about two o'clock in the morning of the 17th.
HENRY HAYNES (police-constable N 242.) I apprehended the prisoner on the 17th, about eleven o'clock at night, at Enfield-wash—that is some distance from his lodging, which is at Bull's-cross, near Maiden's-bridge—I had been to look for him there between seven and eight—I told him What he was charged with—I found on him a pair of new braces, a pair of new gloves, a new comb, and a new hat on his head—next day I went with Firth to a pawnbroker's at Edmonton, and found this coat which he claims.
Prisoner. The braces I bought at Waltham that day, but the gloves I had had about two months.
Witness. They are very little worn—I cannot say when he bought them—they look very new.
JOESPH MARSHALL . I am an assistant to a pawnbroker at Edmonton. On the 17th of Dec, a person came to the shop with a velveteen coat wrapped in a yellow silk handkerchief, with white spots and white stripes round the border—he asked 7s. on the coat—I lent 4s.—he gave the name of John Clark, of Bull's-cross—I asked if he would leave the handkerchief to wrap it up in—he said, no, he could not do that—he had on a round hat which fitted close to the head, a velveteen coat, and a dirty. smock frock—I have no recollection of his person—he leaned on the counter—I did not notice his features, we have so many persons coming perhaps 100 in a day—I took no more notice of him than of others—the coat was afterwards claimed by Firth—it was pawned as near half-past four as possible—we were shutting up shop at the time.
HENRY HAYES re-examined. When I took the prisoner he had on a round frock; it was rather dirty, but it had a white appearance, and was nearly new; under that he had a velveteen coat; he also had a round hat on—I knew that he lodged at Bull's-cross—there are a few straggling houses there—there are some persons named Clark there—I inquired of them and found no William Clark to correspond with the description I had the prisoner lives at his father's house.
JAMES SCALES . I know the prisoner by sight. On Tuesday afternoon, the 17th of Dec., I went to the Golden Fleece public-house, at Edmonton, about five o'clock, and saw the prisoner there, eating some bread and cheese, and drinking some beer—after I had been there about half an hour I told my boy to go and do up the horse, and asked the prisoner whether he was going to Enfield—he asked how long I should be first—I
told him he could ride with my boy if he liked, which he did—I had two carts, and he and my boy rode in the one behind me—when I got to En field town, he asked if I would go and have some beer—I did so and left him there—he paid for it—he had on a dirty white smock, an oldish round hat, and a velveteen coat underneath it—the Golden Fleece at Edmonton is about 200 yards from the pawnbroker's shop, as near as I can guess—Bull's-cross is four miles from Edmonton, and three from Enfield.
JOESPH FIRTH re-examined. The description given by Marshall of the handkerchief in which the coat was wrapped appears to tally with my handkerchief—it was cut off this which I have here—it was a yellow handkerchief with white spots.
Prisoner's Defence. I went to Edmonton to meet one of Mr. Powell's teams, as I had nothing to do; my father was up in London that day, and as I went the high-road way he went home through Enfield; I spent the rest of the money that Mr. Pyecroft gave me in the morning; I gave 6d. for the braces and comb, and the other 6d. I spent at Edmonton; I did ride with Scales, and had some bread and cheese and a pint of beer, at Enfield; I did not go any farther than the Fleece.
MR. PYECROFT re-examined. I live three miles from the pawnbroker's at Edmonton.
THOMAS LINWOOD . I live at No. 4, Lockwood's-gardens, Clerkenwell. On Tuesday afternoon, the 31st of Dec, I was passing along Red Cross-street, from half-past four to a quarter to five o'clock—I stopped at Mr. Williamson's to ask the price of a pair of Blucher boots—whilst speaking to the boy belonging to the shop I saw both the prisoners—it appeared great deal of notice of me—after I priced the pair of boots I looked round and saw them close to my arm—I saw Lovell touch Davis, who immediately went'away, and went to the corner of Jewin-street, to the chemist's shop—they looked at me very hard—I had suspicion, and went a little further, and stood looking in the shop of Mr. Reeve, a pawnbroker—I saw Davis come by and look into a currier's shop, a door or two beyond Mr. Williamson's, and immediately go back again—Lovell then went by, and came back again—they went backwards and forwards several times, sometimes together, and sometimes alone—five or ten minutes after first noticing them the prosecutor was engaged taking his shoes in from outside the shop—at last only one parcel was left hanging on the line—I saw davis go by, and, as I thought, untwist them, but when I went up I found part of the string on the nail, and it had been apparently cut—he placed one hand on the boots, and the other on the top—immediately went and said to the prosecutor, "You have lost some boots," and called, "Stop thief!"—Lovell was about fifteen yards from Davis when be went up and touched the boots, about three doors off—he could see what Davis was about—he made motions with his hands to him, and shook his head—when I gave the alarm they both ran away—they turned down Jewin-street, and into Jewin-crescent—Davis was stopped in Aldersgate-street—I
did not see Lovell till the policeman had Davis in custody it another shoe-shop in Aldersgate-street—we turned down Long-lane, Lovell followed on the opposite side, and when we got near the station he went away in the direction of St. John-street—next day I saw him at Guild-hall, lurking about the outside of the office—I mentioned who he was to the officer, and he was taken directly—I am quite certain he is the same man who was with Davis.
Davis. I did not take the boots, and had nothing to do with them; I was running down Aldersgate-street, when the mob collected and took me; I was never in Red Cross-street at all.
Witness. I was looking at them from ten minutes to a quarter of an hour, having suspicion of them.
Lovell. I was out of work, and went down to the docks that morning with Davis, thinking I might get a day's work; I was with him till twelve o'clock in the day; I then left him, and when the boots were stolen I was up stairs along with my mother having my tea, from four till five o'clock.
Witness. It was half-past four or a quarter to five o'clock when I first saw them—Davis was taken to the station before it struck five o'clock—it was then that Lovell went as far as the station, and went away.
Lovell. Q. If you saw me on the other side of the way why not give me in charge? A. It was a thing I never did before to give a person in charge, and I did not understand it—Davis was the person who actually took them—I did not give it a thought till I said to the policeman, "I saw that man in company with the other over night."
HENRY WARREN . I am a greengrocer, and live in Jewin-street. On Tuesday afternoon, the 31st of Dec, I heard a cry of "Stop thief!" and saw Davis running round Jewin-street, and up Jewin-crescent—I ran up Jewin-street and met him coming out at the other end—as he was passing Mr. Alexander's the carpenter's in Jewin-street, I saw him throw three pairs of boots over the railings—I picked them up—these now produced are them—I afterwards saw Davis cross Aldersgate-street, just by a green-grocer's shop—I saw a mob of people, and heard that he was taken—the policeman came over to me—I went with him to the station and gave him the boots—I saw the policeman search Davis—he pulled off his boots, and as he was putting them on again I saw him shift something I from his hand towards his pocket—the policeman took hold of him, and I took from him a leather case, from which he pulled a white handled knife.
Davis. Q. How do you know it was me you saw in Jewin-street? A. I can swear to you—I saw you turn round the corner of Jewin-street by the doctor's, and go up the Crescent.
CHARLESS WILLIAMSON . I am a shoemaker, and live in Redcross-street On Tuesday afternoon, the 31st of Dec, towards five o'clock, I was engaged in taking my goods in from the door—while doing so I heard a cry of "Stop thief!"—I missed some of my boots—I went along Jewin-street into Aldersgate-street—a mob there collected round Davis, and he was secured—I gave him in charge—these boots are mine—they were outside the shop underneath the window, secured by a piece of boot-lace tied round—it was the last lot I had to take in, and before I could do, so they were gone—I cannot say how they were detached—I did not examine whether the string was cut or broken—the piece that tied them to the nail was left.
and the boots from the witness Warren—I took Lovell into custody outside the office at Guildhall—I had seen him previously at the station that same morning, and saw him shake hands with Davis while Davis was in my custody—I produce the knife I found on Davis—I had made a strict search of him, and turned round to speak to the station clerk—Warren informed me he had passed something into his pocket—I had already searched that pocket—it was in this case.
Davis's Defence. It is a knife which I use in my work; I am a labourer in St. katherine's Docks, where I have worked for twelve months for the support of my mother and four children; I had three or four good characters with me, which the officer took from me.
Lovell's Defence. I know nothing about it; I knew nothing of Davis being in custody till the morning, when his mother told me to come up to the station to see him, and I went up to Guildhall to hear how he was going on, when the officer took me—I was at home having tea with my mother at the time it was done.
SARAH LOVELL . The prisoner is my son—he was at home on the afternoon of the 31st of Dec., but I do not know where he was in the morning part—I cannot swear to the time exactly that he was at home—it was somewhere in the afternoon just as we were at tea.
(The prisoners received good characters.)
DAVIS— GUILTY . Aged 21.
LOVELL— GUILTY . Aged 19.
Confined Six Months .
OLD COURT.—Tuesday, January 7th, 1845.
second Jury, before Mr. Recorder.
CHARLESS HAWKINS . I am a warehouseman, and live in Worship-street On the 24th of Dec. I was passing through Leadenhall-market—my attention was called by the policeman—I turned round, and saw my handkerchief in the prisoner's hand—this now produced is it.
GEORGE TREW (City police-constable, No. 26.) I was watching the prisoner for half an hour, and saw him feeling several pockets—I afterwards saw him put his hand into the prosecutor's pocket, and take this handkerchief from it—I took him into custody, and took it from his hand—at the station I found these two other handkerchiefs on him, one in his trowsers' pocket, and the other in his coat pocket—they are silk handkerchiefs, and of different patterns—from inquiries I have made I believe one of them is his own, and I believe he bears a good character.
GUILTY . Aged 17.—Recommended to mercy.— Confined Three Months.
301. ELLEN CARROLL was indicted for stealing, on the 1st of Jan., 1 sovereign, 4 half-crowns, 10 shillings, 12 pence, and 24 halfpence, the monies of William Thurgood, her master; and that she had been previously convicted of felony.
HARRIET ANN DAWSON . I am bar-maid to William Thurgood, who keeps the Black Horse public-house, Barbican—the prisoner was servant in the house, and slept in the same room with me. I locked the car up at half-past twelve o'clock on the night of the 1st of Jan., and left 9l. 5s. in gold and silver on the mantel-shelf—there was a sovereign, some crown-pieces, shilings, and sixpences—the copper was on another shelf near the mantel-shelf—I took the key of the bar up with me—Mr. and Mrs. Thurgood were out at a party that night, and the prisoner sat up for them—I was awoke about two o'clock in the morning by her coming into my room—she came in again about three o'clock—she was very tipsy, and made a noise—the bell rang about half-past three—I went down, and let in Mr. and Mrs. Thurgood—in consequence of what they said I went up, fetched the key, opened the bar, and missed the sovereign, 20s. in silver, and 2s. in copper—a policeman came in—I went up stairs, and saw Mrs. Thurgood give him the prisoner's pocket, which she took from under her pillow—there was sovereign, 20s.; in silver, and 2s.; in copper—it exactly corresponded with the money missing from the bar—the prisoner was still intoxicated—I had pot the bar key on the table—anybody entering the room could take it—I missed the same denomination and amount of coin as was found.
WILLIAM GOODEVE . I am a City-policeman. About three o'clock in the morning of New-year's Day I saw a light in Mr. Thurgood's bar—I listened, and heard what I thought was money falling—I knocked at the door, and called Mr. Thurgood by name, but received no answer—I went to the private door, and rang the bell—a female answered—I asked "if anything was the matter—the answer was, there was nothing the matter, it was all right—I believe it was the prisoner's voice—I went away, md a little after three I saw a cab at the door, and Mr. and Mrs. Thurgood—I afterwards went into the house with them, and went up to the prisoner's room with the bar-maid—I found the prisoner in bed—Mrs. Thurgood took the pocket from under the prisoner's pillow, and gave it to me—I found in it a sovereign, four half-crowns, ten shillings, one sixpence, and 2s.; 3d.; in copper—the prisoner was very drunk at the time.
H.A. DAWSON re-examined. There was also the nursery-maid in the house—she slept in the same room—I saw the prisoner in the room distinctly both times that I awoke—there was a light in the room—I am certain it was her.
Prisoner's Defence. My cousin had come to see me; I was quite drunk, and if I took the money I was not aware of it.
H.A. DAWSON re-examined. The prisoner could get at the liquor in the bar—her cousin came there in the evening, and remained till near twelve—the prisoner was not quite sober then, but not in the state she was in afterwards.
DOMINIC CARR (police-sergeant F 15.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I took her into custody, and was a witness on the trial—she was tried in the name of Ellen Elburn, for stealing a pair of stockings, 2l.; in silver, and other things, from her master—(read—Convicted 30th jan., 6th Vict., and confined four months.)
GUILTY . Aged 28.— Transported for Seven Years
BUXTON pleaded GUILTY.* Aged 21.
BROWN pleaded GUILTY . Aged 25.
Transported for Seven Years.
303. HENRY RICHARD LAWS was indicted for stealing, on the 28th of Dec., 221bs. weight of mutton, value 125.; and 21bs. weight of beef, 1s.; the goods of Henry Oak, his master; and JAMES GARLICK for feloniously receiving the same, knowing it to be stolen.
FREDERICK HASWELL (police-constable T 133.) On the 28th of Dec., at five o'clock in the morning, I was passing in High-street, Kensington, and saw the prisoner Garlick walking up and down in front of Mr. Oak's shop—I lost sight of him for about two minutes, and then saw both the prisoners leave the gateway, two doors from the prosecutor's shop—Garlick had a large bundle tied up in a blue handkerchief—Laws went into the prosecutor's shop, and Garlick turned up Church-street—I stopped him, and asked what he had got—he said meat which he had bought at Newgate-market—I said, "That won't do for me"—he resisted very much, but I took him to the station, and found it contained a leg and a saddle of mutton and two pounds of beef steaks—I then returned to Mr. Oak's shop, and said to Laws, "I want you about that meat"—he said, "I don't know anything about it"—I called up Mr. Oak, who was in bed—he came to the station, and claimed the meat, and compared another leg of mutton, which he brought from the shop, with that leg—there is no communication with the gateway to Mr. Oak's shop the back way—Laws is Mr. Oak'i servant—I saw him open the shop that morning—nobody could get into the shop without his assistance.
Cross-examined by MR. PAYNE. Q. You call him up every morning at half-past six o'clock? A. Yes—he knew me very well—I stood opposite the shop for a minute or so—they both came out of the gateway together, close to each other—the gateway leads to Mr. Oak's slaughterhouse—there is also a wheeler's shop there, but nobody lives down there.
HENRY OAK . I keep a butcher's shop at Kensington, within two doors of this gateway. Laws was my servant—it was his duty to open the shop, and remain there—I can swear this meat was in my shop overnight—I produce a leg of mutton from my shop which matches with the one found on Garlick; they tally, and have come off the same sheep—I recognized the mutton at the station, and said, "I have the fellow leg at home"—I knew the saddle of mutton to be mine—that and the beef steaks are spoiled—I compared the steaks with the piece of beef in my shop, and they were cut from it.
Cross-examined. Q. These are two legs from the same sheep? A. Yes, most decidedly—here is the string dividing them—it is utterly impossible I can be mistaken—they had been in my shop a week or ten days—Laws was two years in my service—I trusted him with money.
(Laws received a good character.)
Garlick's Defence. The property was not stolen; it never came from Mr. Oak's shop; it came from Newgate-market.
LAWS— GUILTY . Aged 20.— Confined One Year.
GARLICK— NOT GUILTY . (See page 377.)
JAMES LEE . I and the prisoner lived servants to Mr. Turner in Bishops-gate-street—on the 18th of Dec., I have Mr. Turner twenty-four 4d.; pieces to mark, and put into a box, where the prisoner and I sleep—I put the key into my coat-pocket—I got up at three o'clock in the morning of the 19th, and about six the prisoner went up to clean and dress himself—I examined my box a little after seven, and missed two 4d.; pieces—the key was in the pocket of my coat, which was on a chair in my bed-room—I was in the habit of leaving it there—the prisoner and the two others iho slept in the room were called up—Mr. Turner said there had been a robbery in the room of two 4d. pieces, and asked if anybody had any 4d. pieces in their possession—the prisoner said he had two, but they did not belong to me—he produced them—Mr. Turner looked at them, and they were the two—I gave him in charge—on his person were found twelve farthings—I had left 18d. in farthings in my box—I came back and found only 15d. worth.
JAMES TURNER . I am a baker. I marked these two 4d. pieces, and. know them to be the same—the prisoner had 4s. a week, with his board and lodging—he might have farthings of his own—I can give him a good character—the prosecutor had lost money, which made me mark this.
(The prisoner received a good character.)
GUILTY . Aged 17. Recommended to mercy by the Jury and Prosecutor.— confined Seven Days.
GUILTY . Aged 12.— Confined One Month.
JAMES BELCHER . I am a baker, and live in Gray's place, Brompton. The prisoner was in my service for a fortnight, and left on the 20th of Dec—I had given her warning, and after she was gone, on the 22nd, I missed a ring from a chest of drawers in my bed-room—I had worn it while she was in my service—this is it—(looking at it)—the drawer was never locked—I believe she received 3s. 6d. wages when she left us.
HENRY SYKES BALL . I am shopman to a pawnbroker in Cheyne's-walk—I received this ring in pawn on the 20th of Dec. from the prisoner—she said she came from Mrs. Davies, of Marlborough-square, whom she lived with as a servant.
JAMES SKELTON (police-constable B 4.) I took the prisoner—she denied the charge—I took her to the pawnbroker—she then said it was no use to. tell a falsehood, that she had pawned the ring in company with a girl named Elizabeth.
GUILTY . Aged 17.—Recommended to mercy.— confined Fourteen Days.
307. SOPHIA GARWOOD was indicted for stealing, on the 9th ofSept., 4 frocks, value 13s.; 1 gown, 7s. 6d.; 2 spoons, 5s.; 2 tumblers, 4s.; 1 petticoat, 1s. 6d.; 1 quilt, 7s.; and 2 capes, 9s. 6d.; the goods of Joseph Smith, her master.
JOESPH SMITH . I live in Finsbury-terrace, St. Luke's. The prisoner was in my service—I lost a silver tea-spoon on the loth of May, and asked her for it—she said she did not know anything about it—on the 30th of Dec. I determined to part with her—Sergeant Brannan was present—I called her into the room to settle with her—I knew she had taken to herself a smelling-bottle, which was kept on my bed-room drawer, and! other things—I wished to get information from her, and the first thing I asked about was the silver spoon—she said if I would go with her into another room she would tell me all about it—Brannan said he did not come there for us to have any private intercourse, what she had to say she mast mention there, and said, "Where is the duplicate, for I dare say you have pawned it, have not you?"—she said, yes she had, and she went to get the duplicate—he asked her if she had not several others—she said she had—she got them, and produced thirteen duplicates—she said, all the articles mentioned on them were mine, except a shawl and gown which belonged to herself, but were pledged with a petticoat belonging to me—they were for the articles stated—they are all mine.
Cross-examined by MR. DOANE. Q. You sent for Brannan before you determined to pay her? A. Yes, I believe my late wife had a character with her—I went to the stairs and said, "Are you going to get theie duplicates V—she said, "Yes"—I said, "Mind you do not tear them up and fling them away; bring them down, it will be best for you/' and she did so—I cannot tell when I last saw the spoon.
JAMES BRANNAN (police-sergeant, G 20.) I was sent for—Mr. Smith told the prisoner there was a spoon missing five or six weeks—she said yes, and asked if he would step into the next room—I said I had come to discharge my duty, let me do it, or let me leave—she then produced the duplicates, having been absent a little time—I said, "Have you anything more?"—she said, "Yes"—I said, "Relating to your master's property?"—she said, "Yes," and returned with eleven—I left the house for two hours, as Mr. Smith was not prepared with another servant—I returned, and he gave her in charge—I asked if she had any more duplicates—she said not; but in going to the station she said, "I was rather excited, I have another duplicate," and produced it from her bosom—I heard her tell her master she did it to get bread, and begged he would not prosecute her.
Cross-examined. Q. Was the first thing you said, "I suppose you have pledged it? A. When she asked Mr. Smith to step into the next room I said so—I told her I was an officer—she did not seem surprised at being taken after two hours.
THOMAS RATTERY . I am shopman to Mr. Wood, pawnbroker, City-road. I know the prisoner—she pawned several articles with me, but I have not brought them, as I did not expect they would be wanted today—I produced them before the Magistrate—she pawned a frock and cape on the 26th of Dec—I am not able to swear to the prisoner, but I believe her to be the person.
MR. SMITH re-examined. I went to this pawnbroker's, and saw a silver caddy-spoon there, which I identified as mine by marks—I can swear
it was one I lost—it was produced before the Magistrate—this is one of the duplicates I got from the prisoner—(this was for a spoon and label pledged on the 9th of Sept. for 1s. 6d.)
(Mrs. Spiller, wife of a slater, 13, Hertford-street, May-fair; and Henry Standin, labourer, No. 57, Moneyer's-street, Hoxton, gave the prisoner a good character.)
GUILTY of stealing the spoon. Aged 33—Recommended to mercy by the Jury and Prosecutor.— Confined Three Days ,
308. WILLIAM PYNE was indicted for feloniously breaking and entering the dwelling-house of James Taylor, on the 12th of Dec, at Christ Church, and stealing therein 1 scarf, value 4l.; 4lbs. weight of tea, 1l.; 3lbs. 90s. weight of tobacco, 14s. 3d.; 6lbs. weight of currants, 3s. 6d.; 6lbs., weight of raisins, 2s. 6d.; 3lbs. weight of sausages, 1s.; and 273 farthings, his property; to which he pleaded
GUILTY Aged 23.— Transported for Ten Years ,
FREDERICK HASWELL (police-constable T 133.) On Saturday morning, the 28th of Dec, I was on duty in High-street, Kensington, about five o'clock, and saw the prisoner walking up and down in front of the prosecutor's shop—he passed it twice—he continued to do so about twenty minutes—I then lost sight of him fat about two minutes—I then saw him. leave the gateway in company with Laws, Mr. Oak's servant—the prisoner was carrying a large bundle under his arm—Laws went into Mr. Oak's shop, which is two doors from the gateway—the prisoner went up Church-street, which is nearly opposite—I stopped him at the George in Church-street, and asked what he had in the bundle—he said, "Some meat I bought in Newgate-market"—I said, "This will not do for me, you must come with me to the station"—I took him by the collar and brought him about ten yards—he twisted my arm completely round and tried to escape, but I got firm hold of him—I found the bundle contained a leg of mutton, a saddle of mutton, and two pounds odd ounces of beef—that leg of mutton was afterwards claimed by Mr. Oak—he brought the fellow leg to the station, and matched it—he also claimed the saddle and the beef—I myself matched the beef with some in the shop which had been cut—it was beef steak cut right along the top, and it fitted exactly—I am certain it came from that piece of beef—the top part of the fat, which was crumpled, fitted exactly—I was in the habit of calling Laws up every morning for the last five weeks, sometimes at four o'clock, never later than half-past four o'clock—I produce the leg of mutton—it weight 10 1/4lbs.
HENRY OAK . This leg of mutton is mine—I produce the fellow to it—I am certain it formed part of the same sheep—it is a wether sheep—the string is divided, and you will see part of it in one leg, and part in the other—I saw the beef applied, and that fitted—I saw the saddle of mutton that belonged to the same sheep, but would not keep, owing to the kidneys
becoming tainted—the two legs would not weigh the same—there may be some six ounces difference—sometimes more is cut off the loin with one leg than with another.
Prisoner's Defence. I did not steal the meat, neither did it come from Mr. Oak's shop; I bought it at Newgate-market, and was coming home, when the policeman collared me and asked what I had there; I said "Meat;" he held me by the collar very tight, and I might make a little disturbance, but nothing to signify; he said, "You had better walk with me;" I said I would do so, and I did; I never tried to get away; I do not know Mr. Oak's shop, nor the gateway, neither have I ever seen Mr. Oak before he came here.
MR. OAK re-examined. All this was gone into before the Magistrate—the prisoner has had plenty of time to bring any one from Newgate-market
prisoner. When a butcher goes to Newgate-market to buy anything, he does not take particular notice of the name of the person he buys of; I have been out of employ some weeks; I do not take notice of the sales-man I buy of; I pay my money.
GUILTY . Aged 23.— Transported for Seven Years.
There was another indictment against the prisoner, and the prosecutor stated that his losses had been very great during the last nine months.
OLD COURT.—Wednesday, January 8th, 1845.
Third Jury, before Edward Bullock, Esq,
310. ANN BOCK MASTER was indicted for stealing, on the 22nd of Dec, at St. John, Wapping, 1 scarf, value 2l. 2s.; 1 gown, 2l.; 2s.; 1 habit-shirt, 3s. 6d.; 1 cape, 4s.; 1 petticoat, 2s.; 1 pair of stocking, 1s.; 1 pair of stays, 1s.; 2 pairs of gloves, 2s.; 1 shawl, 1s.; and 1 handkerchief, 1s., 6d. the goods of Robert Garbutt, her master, in his dwelling-house.
SARAH GARBUTT . I am the wife of Robert Garbutt—we live in the parish of St. John, Wapping—he is the householder—the prisoner lived Servant with us for four months. On the 22nd of Dec. I went to chapel about a quarter to six o'clock in the evening—I returned about a quarter past eight—I first missed my cap off my bed—I went up into the prisoner's room, and seeing her clothes I thought there was something amiss—she was not there—I then went to my room again, and missed from my drawers, which were open, the articles stated—these now produced are what I missed, and are my property—they had been in separate drawers in the same room, except a half-sovereign, which was taken from my son's room—that is not included in the indictment—my drawers were not kept locked—I gave notice to the police, and saw my things again at the police-office—the value of the property is about 5l.—I never gave the prisoner any of the things, or gave her any authority to take them—I had a good character with her.
CHARLES JECKS (police-constable T 20.) I apprehended the prisoner on the 23rd of Dec. at Lambton, near Hounslow—I told her the charge—she said she was soiry, and that the devil had tempted her—these clothes were on her back—she was dressed in them.
Prisoner's Defence (written). "The error I have now committed was through an invitation which I received from my brother, now a soldier in the 1st batallion of Royal Rifles, who had been away for a long time. the absence of my mistress I thought I could get to Hounslow and back by the omnibus before her return, and I took the liberty of taking her apparel to look more creditable; bat my brother not being there I had to wait till it was too late to get back. I did not mean to steal the property, but to return them."
GUILTY . Aged 21.— Confined Six Months ,
311. JOHN AXFORD was indicted for feloniously breaking and entering the dwelling-house of Joseph Henry Jewell, on the 81st of Dec, at St. Pancras, and stealing therein, 1 gown, value 10s.; 1 mantle, 3s.; 2 sheets, 5s.; 3 waistcoats, 6s.; 3 pieces of bed furniture, 10s.; 2 pairs of stockings, 1s.; 3 night-caps, 6d.; 2 handkerchiefs, 1s.; 1 flageolet, 10s.; 1 pair of trowsers, 10s.; and 1 watch, 20s.; his property.
ANN JEWELL . I am the wife of Joseph Henry Jewell, who lives in Alfred-street, Tottenham-court-road, in the parish of St. Pancras—he is the housekeeper. At half-past seven o'clock in the evening of the 81st of Dec. my brother came to see me, and I was showing him over the house—I showed him into the front parlour—when I came to the back parlour I could not open it—I pulled it a second time, and got in—I found the prisoner there standing by the side of the door—he was holding the handle of the door till I opened it, and then he stood quite still—I said, "You villain, what do you do in my room?"—he begged for forgiveness, and said it was the first time he had ever done anything—my brother seized him, and said to me, "Look at your drawers, they are all open, and that black bag is half filled"—I saw a black bag on the floor, and my brother held the prisoner till the policeman came—we then took the prisoner and the bag into the front parlour—I saw taken out of it a dress, a mantle, two shirts, three waistcoats, some bed furniture, some stockings, two handkerchiefs, a flageolet, and a pair of trowsers—I afterwards missed my watch from my dressing-table drawer—the value of all the things is 3l. 7s.,—they were kept in my room—I had been into the room about twenty minutes before, and it was all safe then—these articles (looking at them) are what were found in the bag—they are all my husband's property—the shutters were not shut when I left the room, but he had put them to, and placed the looking-glass before them—the window was fastened—I have no idea how he got into the house—the street door was fastened when I went to let my brother in, and also when I let a person in who lives in the house twenty minutes before.
THOMAS LETCHFORD . I am the brother of the last witness, and am a coffee-house keeper, in High-street, Bloomsbury. I went to see nry sister's house, about seven o'clock, on the evening of the 31st of Dec.—I had been into the front parlour, and was going to the back parlour—as she attempted to open the door, it was closed again—she made a second attempt, and it came open quite easily—I went in with her, and saw the prisoner there—my sister asked what he was doing there—he began to implore forgiveness directly, and went down on his knees—I saw the black bag, pointed to it, and said to my sister, "There is a black bag with things in it, and your drawers are open; he is a thief"—I saw these things taken
from the bag—I found the watch concealed under the counterpane, on the bedstead.
JOESPH RUDLING (policeman.) I was sent for, and received the prisoner in charge—I found the bag and all the articles that are here—I found these skeleton keys and these lucifer matches on the prisoner.
Prisoner's Defence. I am guilty of stealing, but not of the breaking and entering. I was passing the house, about half-past seven o'clock, and the door was open; I was in great distress at the time, having lost my employment through having apoplectic fits.
(John Emery, carpenter, of No. 4, Portpool-lane, Gray's Inn-lane, gave the prisoner a good character.)
GUILTY of Stealing only. Aged 22.— Transported for Seven Years.
Before Mr. Justice Erle.
MR. WILKINS, on the part of the prosecution, offered no evidence.
Before Mr. Justice Patteson.
313. JOHN GREEN and ANN GREEN were indicted for feloniously silvering two pieces of counterfeit coin, resembling half-crowns.—2nd COUNT, for feloniously colouring the same, with certain materials capable of producing the colour of silver.—3rd Count, for casing over the same.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES BRANNAN (police-sergeant G 20.) On the 23rd of Dec. last, in consequence of information I received, I went to No. 1, Bath-court, Bath-street, Shoreditch, between nine and ten o'clock at night—the bouse consists of two rooms, one above and one on the ground floor—the outer door opens into the lower room, without there being any passage, and then there a staircase, which takes you to the upper room—I found the outer door fastened—I knocked, and the child (the female prisoner) opened the door—I proceeded to the staircase, without saying anything to her—she rushed to the staircase before me, seized me round the middle, and called, "Father, Father!" loud enough to be heard some distance—I pushed her away, and proceeded to go up stairs, leaving her below—as I was going up I met the male prisoner coming down—I was about half way up, and he was about four or five stairs-above me—on seeing me, he endeavoured to return back, and said, "Brannan, you have not got me to rights yet, sergeant Brannan, you thief"—I seized hold of an apron which he were, and partly turned him round, as he was going up stairs again—he then jumped at me, struck me with both his feet on the chest or stomach, and knocked me down—the back part of my neck came against the edge of a chair in the ground-floor room, and he placed his knee on my flank—the injuries which I sustained then I feel now, and shall for life—at that time the officer, Cole, who was in the room at the time, took the male prisoner off me, and I directly saw a dog seize Cole by the leg I saw the little girl proceed up stairs, and directly I recovered myself, I followed her up, and partly pushed her up stairs into the upper room I pushed her up I noticed her bending herself, as if to ease something
down her bosom, and when I got up into the room, I put my hand into her bosom and took from it this sleeve of a frock, containing fourteen half-crowns, which I produce—I observed a work-bench there, and saw upon it a lighted candle, with some apparatus—there were two earthen-ware jars, with a wooden trough placed between them—these five half-crowns which I produce I found on the same work-bench near where the apparatus was—there were six, but Mr. Field has had one of them—I also produce four more, in a similar state, in different parcels, and eight more in another parcel, all on the same bench—I gave the apparatus into the care of Seward, another constable, and desired the male prisoner to be brought up—Cole brought him up—I was in the act of removing some of the bottles, and the apparatus, to the other end of the bench, to prevent the prisoner doing any mischief—he put his hand over my shoulder, picked up a bottle, and smashed it over the table, the contents of it burnt my hands, and also Cole's—it was some burning liquid, but I did not ascertain what it was—Cole pushed him back, to prevent his breaking any more of the things, and I saw him put his hand between his waist band and apron, pull out this black bag, and give it to the little girl, saying, "Stash it, Annie"—the instantly put it down her bosom, and begged to be allowed to go to the water-closet, or else she should dirty herself—I took the black bag from her bosom directly, and produce it—it contained twenty-two half-crowns, and forty shillings, but two of the shillings I how given to the authorities of the Mint—I secured the prisoner, and have the articles up to Seward—I then proceeded down stairs, and when there, I saw the little girl endeavour to conceal her hand in her frock—I seized her by the hand, and took from it these three counterfeit half-crowns which I produce—I then saw Cole seize her, and take something from her hand—the prisoners were both taken into custody, and conveyed to the station—when I first saw the male prisoner on the stairs, he was without his coat, and had his shirt sleeves tucked up.
john green. I never made use of the word stash it to my child; she never heard me express such a word in my life.
ROBBERT COLE (police-constable G 193.) I was with Brannan on this occasion, and followed him into the house—I saw the little girl take hold of him round the waist, at the same time crying out, "Father, father!"—saw the male prisoner make his appearance on the stairs from above—I saw him about returning, and saw Brannan take him by the apron, and partly pull him round—he then made a spring, struck Brannan on the breast, knocked him down stairs, and fell with the whole of his weight on his person—I seized the prisoner for the purpose of taking him off, and succeeded in doing so, when a dog instantly seized me by the leg—the little girl was about to make her way up stairs—she was followed by Branan—I and the male prisoner had a very violent struggle down below for some time—I at last succeeded in throwing him down on the floor—he then said, "Well, I will give in, I find you are too much for me, and you will find the whole of the things up stairs"—I proceeded with him up stairs—on entering he seized a bottle, and broke it, and some portion of the contents came over my hands, which were burnt—I produce a half-crown which I found on the bench near the apparatus—in removing the prisoner to the further part of the room, I saw him pass something to the girl which she took into her hand—I asked her what her father had given her—she said, "Nothing"—I opened her hand, and found it to contain
three half-crowns, which I now produce—the male prisoner was taken down stairs—I searched him at the station, and found 11s. 7d. in good money on him.
JOHN SEWARD . (police-constable G 67.) I went with the other officers, and was outside the house—I went in directly afterwards, and proceeded to the upper room—I there saw a work bench with some things on it, which now produce—I received them from Brannan—the liquid now contained in this quart bottle was in both these basins when they were found—one I of the basins was inside the other at the time I received them from Brannan, and the liquid was in the smaller and larger one too—there was also liquid in each jar, which was placed in two separate bottles on the Saturday following, and given to Mr. Field—the jars had been in my care in the mean time—I am sure the liquid I gave to Mr. Field was the liquid that was in the jars—the contents of one jar were placed in one bottle, I and the contents of the other in another bottle.
ALLEN CAMERON (police-constable N 91.) I was with the other officers on the 23rd, and followed them into the house—I was left in charge I after the prisoners were taken away—I went up stairs into the room from I which the prisoner was taken, and under the bed I found this wire, and I behind the door I found this sand—this file, and this metal I found down stairs.
MR. JOHN FIELD . I am inspector of coin to the Royal Mint. I have examined all the coins produced—there are sixty-one half-crowns, all of them counterfeit—when I first saw this paper it contained six half-crowns, one of them I handed over to Mr. Smee for the purpose of making some experiments upon it—all the six had undergone the process of electrosilvering—the surface of the coins is silver, produced by the electrogal-vanic process—I am sufficiently familiar with that process to be able to state that—here are thirty-eight counterfeit shillings—there were forty when I first saw them—I gave two of them to Mr. Smee—I believe the half-crown was given to him by Brannan—one of the coins produced by Cole is in the state in which it first comes out of the battery, as the apparatus is generally called—a great number of the coins have not undergone the process—they are composed of Britannia metal, which is generally a mixture of tin and antimony—the whole of the coins are counterfeit, and are all in different stages of the process—here are two galvanic batteries, made after the construction recommended by Mr. Smee—when first saw these batteries, each of them contained fluid—these are what Cole pointed out as jars—by my direction the fluid was taken out of these two jars and placed in two bottles, which I afterwards numbered "1" and "2"—the other bottles produced by Seward also marked "3, 4, 5, and 6"—they were delivered up to me at the office of the Solicitor of the Mint, on Saturday, the 28th of Dec, for the purpose of having experiments made on them, and on the Monday following I placed them in the hands of Mr. Smee, who, in my presence, made experiments on the fluids contained in the bottles "3, 4, and 5," and we found that they contained what had the appearance of silver, by the test—I also saw two basins containing what I believe to be sand and water, the contents of which, by my direction, were placed in this quart bottle—I do not know what experiments Mr. Smee made on the contents of No. 1 and No. 2—the whole of the articles produced I believe to be complete for the purpose of performing the process of electro-silvering—the electrosilvering would
give that appearance to the coins which the perfect ones have—this wire I belongs to the battery—they are the conducting wires—sand is used for robbing the coins when they appear in this dull state, to make them appear as some of the coins do that are here now, in the more bright and finished state—that would prepare them for the electrosilvering, and remove this dead colour afterwards—the metal that was found down stairs appears to be Britannia metal, similar to the coins, as far as I can judge of it—I here is a broken wine-glass.
ALFRED SMEE . I am a surgeon. I have examined these batteries, and all the apparatus have present—these two batteries are oh the contruction of which I am the inventor—altogether, they form a complete apparatus for covering the surface of metal by precipitating it into a solution, and with this apparatus—I have coated two half-crowns with the silver out of these solutions, and with this apparatus—the solutions marked "3, 4, 5, and 6" contain silver—you put the substance to be coated in another vessel apart from the battery—this vessel was probably used for that purpose—if you place in this vessel any of the solutions "2, 3, 4, 5, of 6," and connect that to the battery, you can deposit a film of silver on the base metals—these are the two half-crowns which I so coated by using the articles produced by the officers, and nothing else, not even a drop of distilled water besides—I did it with these very things, without any addition whatever—I have one half-crown, which was given me, I think, by Brannan, yesterday—he put a mark on it at the time that he might know it again—I have taken off the coating of silver from that, and on applying chemical reagents to the solution of the salt, I found it to be silver, unequivocally—the coin itself is white metal, which is very fusible, probably tin and antimony, Britannia metal—it will fuse in a glass vessel—here is part of one of the shillings so fused
John Green's Defence. When Brannan pulled me down he pulled me on the top of him, and that was the cause of his being hurt; I did not kick him; I always got my living by shoemaking, which my friends can prove: I never did any thing of this kind myself; they were left in my place for a trap.
(Edward Richard Dean, printer, No. 41, Carlisle-street, Lambeth, gave the prisoner a good character.)
JOHN GREEN— GUILTY on the 1st Count. Aged 36.
Transported for Fifteen Years.
ANN GREEN— NOT GUILTY .
Before Mr. Justice Erle.
314. BENJAMIN LAMBOURNE was indicted for feloniously forging and uttering an acceptance to a bill of exchange for the payment of 150l., with intent to defraud Henry George Ward and others.—Two other COUNTS, stating his intent to be to defraud Thomas Ratley.—Two other COUNTS, for forging and uttering an indorsement to the said bill, with intent to defraud Henry George Ward and another.—Two other COUNTS, with intent to defraud Samuel Long.—Two other COUTNS, with intent to defraud Joseph Donovan.
MR. BALLANTINE conducted the Prosecution.
partly for the purpose of granting loans—it is necessary, for apart seeking a loan, to insure his life, and likewise to give a personal undertaking, in the shape of a bill, note, or bond—Mr. George Henry Ward it the chairman of the company—there are others besides himself—in March, 1843, there was a negociation between me and the prisoner, with reference to a loan—on that occasion, I received from the prisoner a bill of exchange—it was afterwards returned to the prisoner.
SAMUEL JARMAN . I am clerk to Mr. Humphreys, the solicitor of this prosecution—I served a notice, of which this is a copy, on the prisoner in person, on the 3rd of Jan.—(This was a notice to produce a bill of exchange for 300l.;, dated on or about the 11th of March, 1843, one for 275l.; dated on or about the 10th of June, 1843, &c.)
MR. LAWRENCE re-examined. The bill that was given back to the prisoner was dated in March, 1843, and was for 300l.
Prisoner. I cannot produce it, for as the bills became cancelled, so did I destroy them.
MR. LAWRENCE. The original bill was accepted by Thomas Ratley, and indorsed, among others, by Samuel Long and Joseph Donovan—I do not recollect the address of Mr. Ratley on the original bill—on receiving the bill, I advanced the 300l. less the premium on the policy—the bill was to run three months—when it became due, it was taken up, with a bill for 275l., and 25l. in cash, by the prisoner—that second bill contained the same acceptance and the same indorsements—when that became due, it was taken up by a renewed bill for 250l., and 25l. in cash again—that went on, with several renewals, until 7th Sept., 1844, when there was a balance due to the office of 150l.—a bill was given by the prisoner for that balance, in addition to 25l.—this is the bill that was so given—(looking at it)—it was given to me personally by the prisoner—it became due, and was dishonoured.
Prisoner. I never brought 25l. or a bill to him, during the whole six instalments; I sent it every time.
Witness, In the first five instances he did send the instalment and the bill, but in this instance he decidedly brought it himself.
MR. BALLANTINE. Q. Have you seen the prisoner since this transaction, on the subject of that bill? A. I have—previous to his being taken into custody he called at the office, and wished to know if the company would renew the bill, omitting some two or three of the indorsements, as he had had a quarrel with the parties—(that was after the bill was noted as dishonoured—I am afraid the answer will bear rather hard against the prisoner, and it is not the object of the company to press againit him)—I said, "So I have heard, for some of them have been here;" and he said, "Why the fact of the matter is, I wrote all the indorsements but one myself."
Prisoner. Q. Was there not a proposition, that if 50l. could be paid down within a certain period, the directors would be willing to waive the necessity for the names being on the bill? A. Decidedly not—there was no proposition whatever about 50l. being paid down or accepted—I never gave Wright, our clerk, any authority to call on you, and say, that if you could do so, the directors were willing to abide by the arrangement made between you and myself—I never sent any clerk with such a message or proposition—I never knew of his being sent on the part of the directors.
waiter to Messrs. Ring and Brymer, of Cornhill, formerly Birch's—I know the prisoner—this bill of exchange it not accepted by me, or by my authority.
SAMUEL LONG . I am a licensed victualler, and live at No. 93, High-street, Marylebone—I indorsed a bill of exchange for 300l. in March, 1845, or thereabouts, and three months afterwards I indorsed another bill, at tht office in Cheapside—this is not my indorsement to this bill, nor was it indorsed by my authority—I had withdrawn from my connection with tht prisoner after the signing of the second bill—I never signed any other bill whatever.
COURT. Q. You signed a bill for 275l. at the office? A. Yes—I was not then in company with the prisoner, I was in company with Mr. Donovan—I was requested by the prisoner to go and give my indorsement—I would not go and indorse a second bill, without having my name erased from the former one, and in consequence of his informing me that the bill was at the office, I went there, to have my name taken off.
JOSEPH DONOVAN . I am a fishmonger, at No. 292, Oxford-street—this bill of exchange has not my name upon it in my handwriting—it was not written by my authority—I am the person that indorsed the first bill of exchange for 300l. and likewise the one for 275l.—here is the name I cut off—I did not indorse any afterwards.
COURT. Q. Did you indorse the 300l. bill, and the one for 275l., at the request of the prisoner? A. Yes.
Bill read—"£ 150. London, Sept. 7, 1844. Three months after date, pay to me or my order 150l. for value received. Richard Lambourne, Acton-hill." Addressed, "Mr. Thomas Ratley, No. 7, Ivy-terrace, Hoxton; "Accepted Thomas Ratley;" endorsed, "Richard Lambourne, Benjamin Hall, Samuel Long, Joseph Donovan."
Prisoner's Defence. I did not send the money, neither did I produce the bill to Mr. Lawrence; this last bill I sent by Benjamin Hall; he is the person who brought the money and the bill.
(Charles Shankster, poulterer; and William Biddell, confectioner; deposed to the prisoner's good character.)
GUILTY of forging the name of Joseph Donovan. Aged 44. Recommended to mercy by the Prosecutor.— Confined Two Years ,
Before Mr. Justice Patteson.
315. JAMES LUCAS and GEORGE TAYLOR were indicted for feloniously assaulting Charles M'Gregor, on the 13th of Nov., and stabbing, cutting, and wounding him on his right hand, with intent to maim and disable him.—2nd COUNT, stating their intent to be to do him some grievous bodily harm.—3rd COUNT, to resist and prevent Lucas's, lawful apprehension and detainer.
CHARLES M'GREGOR (police-constable K 291.) I was out on duty on the 30th of Nov., at half-past eight o'clock in the evening, in Cannon-Street, St. George-in-the-East—I heard a noise, and saw a female, the two prisoners, and another, coming down the pavement—I was stepping up to them, Lucas turned round and committed a nuisance against a door—I told him to walk off about his business—he began abusing me very much, but I removed him at that time—I did not take hold of him—I told him to go about his business, and he went away—he came back a second time with the other three, and they began abusing me very much—a great crowd
assembled round us—I took hold of Lucas, and said he must go to the station with me—without saying anything more, he drew his knife from his side, and was coming to thrust it into my side—he was coming direct to do it—he had it coming direct for my side—he struck at me—I prevented it striking me in the side by catching hold of it with my hand—I struggled with him till I got the knife from him—it cat three of my fingers severely, and I have been in the hospital ever since—Taylor came up behind me, pulled me back, and kicked me severely when I was down,—he was standing close by Lucas at the time Lucas cut me—I bad hold I of Lucas at the time Taylor pulled me back—I was pulled down, and they I got away—I went to Dr. Betson, who has attended me—I am obliged to I wear my hand in a sling still—I went next morning along with sergeant I Lee, and apprehended the prisoners—we found them both together in the I same house—I had never seen either of them before—I was present when I a conversation passed between Lee and Lucas.
Cross-examined by MR. DOANE. Q. Did the prisoners appear the worse for liquor? A. Lucas was—when I first came up to them, Lucas was committing a nuisance, and I interfered with him for doing that—I did not lay hold of him, or either of them, at that time—I did not push him down—when he came back the second time I told him be must go to the station—I took hold of him, and he threw himself down in the street—he bad committed a nuisance against people's doors, and abused me with his tongue—it was for that I told him he must go to the station, and for getting a crowd in the street—he did not say anything about going to the station—I took hold of him by the breast of his coat or his collar—I did not drag him—he did not require pulling—I believe this was a common knife, such as sailors use—he had it attached to a string round his neck—I have seen sailors with knives fastened round their necks—I did not see two persons take Lucas to assailor's boarding-house that night—I went off to the doctor's—I found him at a sailor's boarding-house next day, I believe.
Taylor. I was standing on the opposite side of the street talking to a respectable gentleman, who lives there, when Lucas got from him.
Witness. He certainly was not—he pulled me right down.
WILLIAM LEE (police-constable K 268.) I went on the Sunday morning to apprehend the prisoners—I took Lucas first—I found him at No. 12, Back-road, St. George's—it is a sailor's lodging-house—I said, "You must go with me to the station-house"—he said, "What for?"—I said, "For cutting this man's hand last night," pointing to M'Gregor, who was with me—he said, "I know nothing about it"—he then said, "I recollect being in a row last night, and I am very sorry for it; I was very drunk, or I should not have done so, for when I am sober I am a different man'—we then took him to the station—I returned to the house a second time, about nine o'clock in the morning, and found Taylor in bed—I said, "You were in Cannon-street last night, were you not?"—he said, "Yes, I recollect being in a scrummage last night"—I said, "Don't you know it is a serious thing to use a knife to any one?—said, "Yes, I know it is, but I don't think he cut him intentionally; I think the knife was out, and he must have cut his hand in the scuffle."
GEORGE BETSON . I am a surgeon. The prosecutor came to me on Saturday night, the 30th of Nov., and I examined his hand—there was an incised wound of about three inches across three fingers inside the hand—it
was a severe wound, but it had closed, and nearly adhered—I dressed it, and saw him again on Sunday morning—I was then obliged to take off the dressing, and apply a poultice, the excitement and pain were no great—on Monday morning I saw him again, and changed the poultice—I did not attend him above three days—his hand is seriously injured—it is a wound likely to have been made with a knife—he went into the hospital on the Tuesday following, and I have not seen his hand since.
Taylor's Defence. I and my shipmate wanted to get Lucas home, bat the constable would not let us; I certainly saw the lanyard of the knife that Lucas bad got; his bead was hanging down, and I saw the knife hanging between his legs; I sung out as loud as I could, "For God's sake mind the knife;" the constable got the string round his hand, and was dragging him along the street by it; the people in the street cried open shame on him, because he was hauling him along. NOT GUILTY .
OLD COURT.—Thursday, January 9th, 1845.
Fourth Jury before Edward Bullock, Esq.
316. JAMES FRANCIS and THOMAS SALT wait indicted for breaking and entering the dwelling-house of John David Robertson, on the 4th of Jan., at All Saints, Poplar, and stealing therein, 3 coats, value 5l.; 4 waistcoats, 2l.; 2 pairs of trowsers, 2l.; 2 shifts,. 10s.; 4 handkerchiefs, 10s.; 3 neckerchiefs, 10s.; 3 stocks, 8s.; 1 watch, 18s.; and 1 pair of stockings, 1s.; the goods of Christtnan Brendell; to which
FRANCIS pleaded GUILTY . Aged 25.
SALT pleaded GUILTY . Aged 18.
Transported for Ten Years.
317. MARIE ADELL FOUNTAINS was indicted for stealing, on the 2nd of Jan., at St. James, Westminster, 1 watch, value 7l.; 1 witch-guard, 5l.; 1 pair of ear-rings, 8l.; 1 rings 10l.; 1 shawl, 1l. 16s.; 1 handkerchief, 5s.; 14 yards of silk, If. 8l.; 1 sovereign, and 1 shilling; the property of Marie Melanie Turlin, her mistress, in her dwelling-house; to which she pleaded
GUILTY .— Confined Three Months.
318. JOHN NIXON was indicted for stealing, on the 26th o£ June, 2 ozs. 1 dwt. of gold, value 4l. 6s.; and & ozs. of limmel 3l. 10s.; the goods of Mary Wheeler and another, his master and mistress; to which he pleaded
GUILTY . Aged 31.—Recommended to mercy,— Confined Two Months.
319. THOMAS MORGAN and ANN LYNCH were indicted for feloniously assaulting John Simpson, on the 4th of Jan., putting him in fear, and stealing from his person, and against his will, 1 jacket, 1 waistcoat. 1 handkerchief, and 1 knife, his property, and beating and striking, ana using other personal violence to him.
JOHN SIMPSON . I am a seaman. On Saturday evening, the 4th of Jan., I was in New Gravel-lane—I had just come out of my lodging, and went into the Barley Mow—it was nearly shutting up time, I suppose between eleven and twelve o'clock—I went home with Lynch to her room,
where Morgan and his wife were—as soon as I got in they wanted something to drink from me, and wanted me to stop there all night—I said I had no money on me, I had rather go home—my jacket, waistcoat, handkerchief, and knife were taken away from me by the two prisoners and Morgan's wife—I was not sober—I had been tasting, but I knew what I was doing—they took the things off me, and laid them on a chair—I turned round to pick them up, and they were gone—I asked where they were, and they would not give me any satisfactory answer—I did not see them actually taken, but Lynch told me where she had taken them to—they dragged me down stairs—the house was full of people, and I was afraid to stop—they got me outside the house—Lynch said she was going to get the things for me, but she turned round the corner, and ran away—they took no money from me.
Morgan. You told her she might hare the jacket and waistcoat for being with you? Witness. I did not—they were dragged off me—they would have stripped me if they could—Lynch unbuttoned my waistcoat, and hauled it and my jacket off, and then she wanted to take ray trowsers off.
Lynch. I asked you if you had any money; you said no, but you would leave me something and satisfy me in the morning, and you left them. Witness. I said nothing of the kind.
Lynch. Q. Did not you say if I came to your lodging in the morning you would satisfy me? A. No, I do not recollect anything of the kind—I do not recollect whether I did or not—I did not authorise you to keep the clothes till I paid you.
Morgan. Q. Did not I go to the prosecutor's house and make known where the things were? A. You said you did.
Morgan's Defence. He left them in payment, and said he would call for them on Tuesday evening; he did not call, and I went to his lodging and told him where the girl lived; he told me to come again in two hours, which I did, and he was gone to the girl's house; I went after him and waited till she was dressed and taken; if I was guilty why did he not give me in charge at the time?
Lynch's Defence. He told me he would give me the money if I would keep the things; I went to the Barley Mow, but could not see him; I told him on the Monday when he came to my place that the things were pawned in my own name, and I would give him the ticket; he said, "Very well," but he went and fetched the policeman.
MORGAN— NOT GUILTY .
LYNCH— GUILTY of stealing only.— Confined One Month.
320. WILLIAM WICK was indicted for feloniously uttering a forged order for 10l., with intent to defraud Sir Peter Laurie, Knight, and others.—2nd COUNT, with intent to defraud Joseph Philip Shaw; to which he pleaded
GUILTY . Aged 19.—Recommended to mercy.— Confined Two Years ,
Before Mr. Justice Patteson
321. THOMAS KENDRICK was indicted for not surrendering himself at an adjourned meeting for finishing his examination under a fiat of bankrupt, issued against him, and under which he had been declared a bankrupt, and of which adjourned meeting he had had personal notice.
MR. BODKIN, in opening the case, called the attention of the Court to the words of the Act of Parliament under which the indictment was framed, (5 & 6 Vict., c. 122, s. 32.)
The Court ruled that the indictment was insufficient, it not being stated that the prisoner had had notice in writing.
NOT GUILTY .
MESSRS. BODKIN and DOANE conducted the Prosecution.
(Upon reading the copy of the Record produced to prove the former contietion, there appeared to be an error in one of the Justices names before whom the Session was stated to have been holden, namely, "Dalivon" instead of "Dalison." The Court ruled, that as the indictment set forth the same it was necessary to be proved as stated.)
NOT GUILTY (See page 424.)
Before Mr. Justice Erle,
MR. BODKIN conducted the Prosecution,
THOMAS BROAD . I am a surgeon. I attended the deceased, and attended the Coroner's inquest on his body—the prisoner wait present during the proceedings—he was not sworn nor examined as a witness—I believe the coroner's clerk took down all that passed—the prisoner came forward to the coroner and said, "I admit I have committed an error"—there was an adjourned examination—this was at the first examination—the deceased's wife was examined that day, but I was not—I cannot say whether the coroner or his clerk took down what the prisoner said—he said, "I cannot deny having sold the tartaric acid by mistake, and I am sorry for it"—I do not recollect his saying how it happened—his brother said he could not deny its having come out of his shop—I was called to attend the deceased on the 7th of Dec, and attended him till he died, which I think was on the 10th—there was a post mortem examination, but I was not present; but from his symptoms my impression is, if tartaric acid was taken in such a quantity as an ounce it would cause death—the symptoms were such as would arise from an over dose of tartaric acid—I do not, know the prisoner—his brother keeps a chemist's shop in the neighbourhood.
cross-examined by MR. WILKINS. Q. Did he not say he had sold the tartaric acid for tasteless salts by mistake, arising from his brother having put the bottle where the tasteless salts bottle should be? A. I do not remember—I rather think such a statement was made—I have an impression he said somebody had placed the bottle where the tasteless salts should be, but I cannot be sure.
WILLIAM SETH GILL . I am a member of the College of Surgeons. I attended the post mortem examination on the 19th of Dec, before the Coroner sat. The intestines were inflamed, congested, and red; the liver and kidneys enlarged—judging from the appearance of the body, from the throat down to the rectum, I should say decidedly he had taken some inflammatory matter, which had given rise to those appearances, and which caused death—an over dose of tartaric acid would produce that effect—I was before the Coroner when the prisoner made a statement—I think the Coroner did not take down what he said—after the depositions were taken on the first day he came forward, and said he had committed an error, he had given tartaric acid instead of tartarate of soda—they are both the same in appearance—his brother produced two bottles in his presence—there were two small labels on them, one marked "Acid tart." the other "Sodae tart"—the prisoner said he had taken the powder from the wrong bottle.
MR. WILKINS called
CHARLES WATKINS . I am a chemist and druggist, and live in Myddleton-street, Clerkenwell. The bottle of tasteless salts generally stands nearest to the wall; and in this instance, from what my brother tells me, the sodae tart, stood next the wall—I had used it late the night before, going home, and I believe, in my hurry, to the best of my belief, I changed the places of the bottles.
MR. BODKIN. Q. Does your brother usually serve in the shop? A. Yes—Sodae tart, is the proper name of tasteless salts—both bottles are of the same colour—there is a proper label on each—he had only to look at the label to tell the right medicine—they stood next to each other for convenience.
MR. WILKINS. Q. The labels were very small? A. Yes, and the last word of each is "tart."
NOT GUILTY .
Before Mr. Justice Patteson.
324. JAMES CARR was indicted for forging and uttering a certain deed, purporting to be the release and conveyance of the reversionary interest of William James Carr in a certain freehold, with intent to defraud Peter Price.—Other COUNTS, with intent to defraud William James Carr, and varying the manner of laying the charge.
MR. WILKINS conducted the Prosecution.
EDWARD EDDEN . The late William Spencer was my brother-in-law—William James Carr was his nephew—Spencer might have died thirty years ago, but I think it is not above ten or fourteen—I was intimate with him.
WILLIAM JAMES CARR . I live in Sidney-grove, Sidney-street, City-road. The prisoner is my brother—his name is James Carr—I never lived in Queen-street, Clerkenwell—the signature to this deed, "William James Carr," is my brother James's writing—I never authorised him or anybody to sign it for me—Spencer died in 1807 I am certain—I was then seven years old.
(The will being read, bequeathed a messuage, No. 3, Shares-alley, Cow-cross, among other property, to trustees, for the benefit of his wife during her life, and then to William James Carr.)
WILLIAM JAMES CARR re-examined. I have never disposed of my interest in this property to my brother, nor gave him authority to convey or dispose of it—in 1821 I was transported for seven' years—I returned last August—I had conveyed the property to my father, John Carr, but he died in 1831, without a will—I am his eldest son—the signature to the receipt at the back of this deed is my brother's writing.
PETER FREDERICK AUGUSTUS CAMPBELL . I live at Oak-cottage, Southampton-street, Camberwell, and am a solicitor's clerk. I am attesting witness to the signature of William James Carr to this deed—I saw the prisoner sign it, and deliver it as his act and deed—he put his finger od the seal.
THOMAS WINCH (policeman.) I took the prisoner in charge on the 24th of Dec.—I said I took him for putting his name to some deeds, instead of his brother—he said he signed them, but he had not received any compensation.
MR. CAMPBELL re-examined. I saw the prisoner sign the receipt—I am the attesting witness—I did not see the money paid—I do not recollect whether Mr. Price was there.
This deed conveyed the reversionary interest in the premises to Peter Price, of Buttesland-street, Shoreditch, for the consideration of 250l.;, and the receipt was for that amount.
P. F. A CAMPBELL. I have attested this deed as executed by William Price—I saw it executed by a person in that name—I cannot tell whether it was him, and do not remember whether it was at the same time the prisoner executed it—the other attesting witness to Price's signature was in the same office as me.
Prisoner's Defence. I met Price about two years ago, I told him how I was situated, and that I wanted 20l. or 30l.; that my father died some years ago, and there was some property left; that my brother was transported, and I did not know whether he was dead or alive, as he was over his time; he said, "Why not make out a deed, and sign it over to me? I can borrow you 20l. or 30l. on it;" he said he could take it to Mr. Kerns, in Red Lion-square, and borrow the money; he went there, and said he expected I should have the money in about a week, but I never had a farthing, and never saw him.
GUILTY . Aged 41.—Recommended to mercy by the Prosecutor and Jury.
GUILTY . Aged 41.— Confined Two Years.
Before Mr. Justice Erle.
326. THOMAS BATEMAN was indicted for feloniously forging and uttering an order for the payment of 100l., with intent to defraud George Drake Sewell and others. Other Counts calling it a warrant, and stating bis intent to be to defraud other parties.
MR. CLARKSON conducted the Prosecution.
WILLIAM BACON . I am one of the firm of Sewell and Co. There are four partners; Mr. George Drake Sewell is one; we carry on business as haberdashers and warehousemen in two or three houses connected, in Compton-street, Soho. The prisoner was in our service as principal clerk. On the 18th of Dec, I delivered to him this check—(looking at it)—this is my signature—when I gave him that check I knew that Mr. Sewell had some rent to pay to Mr. Gardiner his landlord—I did not know them exact amount at that time—the prisoner told me that he had an appointment with Mr. Gardiner at eleven o'clock to settle the rent—he presented the check to me, and I signed it—I put the name of the house to it—he had the check from me for the purpose of paying the rent—I do not know that I told him what to do with it—he said it was for the purpose of paying Mr. Gardiner's rent—it was in blank as to the sum—it is the common printed form of check—no date was filled in—it was crossed "and Co." when he gave it to me, and the number was filled in—we draw our checks by numbers—on his presenting it to me I signed it, and gave it to him again—I have no recollection of saying anything to him, or he to me—the amount of rent had not been ascertained between the parties—the check was for the special purpose of paying the rent.
COURT. Q. Was anything said by either of you that appropriated the check for that purpose? A. He said that Mr. Sewell had not arrived, and asked whether I would give him a check on the house, and he would exchange it for his private account when he returned—(Mr. Sewell keeps a private account, and the rent was due on his private account)—that passed at the time he presented the check to me, and on that I signed it, and gave it him back again—I have no recollection of anything more passing.
MR. CLARKSON. Q. Before he went away from you that morning, had you any conversation with him of any kind about the amount of the check, or what he was to do with it? A. No, none whatever—he returned in the afternoon, but I did not see him—I did not see him again till he was arrested—he had no authority from me to obtain notes for the check—it was not in the course of his duty to do so—he had no authority on that check, except what was derived from the conversation I have stated—the words "Pay in notes," on the check, are in the prisoner's writing—he had no authority from me to put any such writing on the check, or to get the check cashed at all—I find the words "One Hundred Pounds" filled in as the amount of the check—I did not give him authority to fill in that or any other sum, except for the payment of the rent, and even for the payment of the rent, I gave him no authority to receive cash for the check—the date, "18th of Dec," is filled in in the prisoner's handwriting, and the"£ 100" in the left-hand corner is also in his handwriting.
Cross-examined by MR. BALLANTINE. Q. The check is numbered, in addition to the date? A. Yes—that agrees with the number in the margin—it is the practice of our house not to destroy any check, although it is not applied to the purpose for which it was originally drawn—in case a check is drawn in error, we destroy it—if a check is drawn for a different amount to what it ought to have been, I should immediately destroy it—I
have given the prisoner checks drawn in blank, bat always for a special purpose.
MR. CLARKSON. Q. On the 26th of Dec, did you send Trowsan, one of your clerks, to the prisoner? A. I did.
WILLIAM EVANS . I am one of the firm of Sewell and Co. In consequence of information I obtained on Saturday, the 28th of Dec, I gaye the prisoner into the custody of Cronin, the policeman—I found him at the corner of Rathbone-place, Oxfords street—he appeared surprised when I gave him into custody, and said ought to have sent to him before I gave him into custody—I told him I bad done so—I had sent to his house two or three times—I was then aware that Trowsan had been sent to him on the 26th—he asked me if Mr. Sewell was at home—I said he was—he said he should wish to see him—I accompanied him with the officer to the house of business in Compton-street—Mr. Sewell was not there when we arriveds but some time afterwards he came in, and, in my presence, he said, "On, Bateman, what have you been doing? you have filled up that blank check, not got the money"—he said he had, as he bad a right so to do, having 60l. or 70l. salary due to him—Mr. Sewell appealed to me, to know if that. correct—I said I thought not; I believed not more than 15l. or 167. I will due to him—Mr. Sewell asked him what he had done with the money—he said he had spent it all, he had not a shilling; and said to Mr. Sewell, "I hope you will forgive me; I will give you all my furniture which cost me 300l., if you will forgive roe"—I have since looked through the books, to ascertain what is due to him—I have the books here—they are in the handwriting of a clerk named Anderson, who has left our employ.
Cross-cxamined by MR. WILKINS Q. The prisoner was your managing clerk, was he not? A. He was our principal clerk—he had the paying of the other clerks their wages, by the authority of one of the firm—I should say blank checks were never given him for that purpose—none of our assistants are paid by check—he never paid them except in my presence, and then in cash, which he got off the desk before my face—he never had checks for that purpose—a check was always drawn for one amount of 300l. or 400l., signed by one of the firm, and sent to the bankers' for change—the prisoner sometimes got it—he, no doubt, filled up the amount—it was his place to fill up checks, and to bring them to one of the firm afterwards—this is the only charge we have against the prisoner.
MR. CLARKSON. Q. I think you say the prisoner on no one occasion had a blank check delivered to him for the purpose of paying wages? A. Never to my knowledge—when he filled up checks for the purpose of enabling either himself or any other clerk to receive the money at the banker's, hi never wrote "and Co." across the check—he was acquainted with our course of business in drawing checks—when the money was for our house, be never wrote "and Co." across the check—he always did so on the last Thursday, which is our settling day—it was then his duty to write "and Co." across checks in paying our accounts—I should say the words "and Co." are written, so that the check shall go direct to the party it is intended for, or through the hands of a banker—that is the intention of it, no doubt—those checks would be drawn for accounts, for goods bought—it would then be the prisoner's duty to draw checks with the words "and Co." across, but on no other occasion—if we have money to pay any creditors, the checks are filled up with "and Co." written across—I never gave the
prisoner any authority to fill in the words "one hundred pounds" in the check in question, and to receive the cash, or to write the words "Pay in notes"—only two of the partners draw checks, Mr. Sewell and Mr. Bacon.
JOHN SANDON TROWSAN . I am a clerk in the house of Sewell and Co. On Thursday, the 26th of Dec, I received directions from Mr. Bacon to go to the prisoner—I accordingly went to his residence, No. 59, Upper Charlotte-street, Fitzroy-square, about four o'clock in the afternoon—I found the prisoner in bed there—I said Mr. Bacon had sent me for the keys of the cupboard, and the check—he hesitated, and after a while he asked who sent me—I told him Mr. Bacon—he then requested me to go down stairs, and wait a few minutes—I did so—in about five minutes he came down, brought the keys with him, and said he would bring down the check next morning.
Cross-examined by MR. BALLANTINE. Q. Was he apparently ill? A. Yes, I saw no medicine bottles about.
EDMUND BERDMORE . I am a clerk in the Westminster Branch of the London and Westminster Bank, which, at the time in question, was at No. 9, Waterloo-place, Pall-mall. On the 18th of Dec. I cashed this check—I paid it in ten 10l. notes—before I paid it I observed the words, "and Co." across it—I applied to Mr. Heywood, who has been longer in the house than me, and in consequence of what he said I paid the check—I have no knowledge of the person who presented it—I think it must have been between four and five o'clock that I cashed the check, from my book.
WILLIAM THOMAS HEYWOOD . I am one of the cashiers of the London and Westminster Bank, at the western branch. On the 18th of Dec. Sewell and Co. were customers of ours—I knew the prisoner as the confidential clerk of the firm—I remember this 100l. check being presented, and Mr. Berdmore applying to me—the prisoner is the person who presented that check, and in consequence of knowing him I directed it to be paid.
RICHARD TIZZARD . On the 19th of Dec. last I was one of the waiters at the Red House, Battersea—there was a pigeon-shooting match there that day—a gentleman named Preston was engaged in it—I saw the prisoner there that day in the shooting-ground—I first saw him in the passage adjoining the bar, along with some friends—I cannot tell the names of any of them—they were strangers to me—Mr. Preston was in the parlour, not exactly in the passage—I afterwards saw two gentlemen in the kitchen—I cannot positively say whether he was one of them—I saw him at the kitchen door with another person—I do not know him—they were both strangers to me—J did not notice anything particular, only the gentlemen were talking together—I was examined before the Justice—the kitchen dresser is just inside the door, and the persons were close by the dresier—I saw some Bank-notes on the dresser, and I fancied I beard some cash rattle, but I do not know—I did not take any notice of them at all—I merely walked into the kitchen, to get the gentlemen to walk up stairs—they had no business there—it is seldom any one goes into the kitchen.
RICHARD PRESTON . I was at the pigeon-shooting match at the Red House, Battersea, on the 18th of Dec—I was one of the parties with whom the match was made—Mr. Marsden was my rival in the match—I saw the prisoner there—I believe he backed Mr. Marsden—I saw him and the prisoner together—I did not see the prisoner make any bet on the ground—the
prisoner had made the match with Mr. Marsden and me, but not on the ground—the match was made for 50l. a side—I had the good luck to win—the money was staked—I do not recollect who staked 35l. of it—I recollect the prisoner staking 15l., about ten days or a fortnight previous to the 18th of Dec, as near as I can recollect—he made a deposit of 15l., but I do not know who paid the 35l.—I received the winnings, I believe, principally in 10l. notes—I have not the least recollection of their numbers—I paid them away.
(Check read)—"No. 7476: London, Dec. 18, 1844. The London and Westminster Bank, Westminster branch, 9, Waterloo-place, Pall-mall. Pay to 1238, or bearer, One hundred pounds. Sewell and Co., 100l."—crossed, "and Co." and "Pay in notes'—"J. T."
MR. BACON re-examined. I gave the prisoner the check about half-put ten o'clock in the morning.
MR. EVANS re-examined. I saw the prisoner on hit return, about four o'clock in the afternoon, in the shop—nothing of any consequence passed between us—nothing passed about Mr. Gardiner.
NOT GUILTY .
MR. CLARKSON offered no evidence.
NOT GUILTY .
Before Mr. Justice Patteton.
WILLIAM HARRIS . I live in Cattle-street, Bethnal-green. On the 27th of Dec. I had a male donkey, which I lent to the prisoner to take a few sacks of saw-dust out—I do not know what business he is—I bad never seen him before—he was to pay me 6d. for the hire of it, for two hours—he wanted it for himself—he took it from my place about half-past eleven o'clock—I saw it again about seven o'clock at night—he brought it home, but I was not there at the time—I had gone in the mean time to his house to see for it—(I had sent my daughter to see where he lived when he borrowed it)—on my return I found the donkey at home, lying down in the yard—I got him up, took him into the stable, and examined him—he was all over blood where he had been poked and pricked about, all up the back of the thigh—the skin was broken all up from the knee right up to his tail—it was torn all up, pricked about, and in several placet there were deep cuts—I did not observe what sort of cuts they were, they were bleeding at the time—I went after the prisoner directly—I found him in Norton-falgate—I asked if he was not ashamed of himself for ill treating the donkey ai he had—he made some answer, I do not know exactly what—he came back with me directly, and I gave him into custody—the donkey was quite well and perfect in the morning When I let it to the prisoner—none of the wounds were there then—it is a great deal better now—Mr. May saw it.
him, about four o'clock in the afternoon, on the Friday after Christmas, in I Widegate-alley—he was poking a stick up the donkey's, and he beat I him once on his back with the stick—I did not see him do anything else—the donkey had no sack or anything on him—there was a dozen or two of boys round the donkey as well as the prisoner—I did not see the other boys beating the donkey—none of them had sticks—I saw no other persons there only the people walking by—this was in the middle of the street—Widegate-alley is a thoroughfare for carriages—there were people walking backwards and forwards in the alley—I went and told my aunt.
Cross-examined by MR. BALLANTINE. Q. You know the prisoner? A. Yes—we call him Silly Dick—the other boys had something in their hands—I did not see them with any knives—I had no knife, nor anything in my hand—I did not give the donkey a poke, nor did I see any of the other boys do so—I saw them close up to the donkey—I saw them poke and shove Silly Dick—they were shoving about Silly Dick and the donkey.
JOHN RICHARD CAMBDEN (police-constable H 89.) I apprehended the prisoner on the 27th of Dec, between seven and eight o'clock in the evening, and took from him this whip—it is in the same state as it was then—there is nothing particular about it.
MR. BALLANTINE called JOSEPH RICKARDS. I am an ivory and hardware-dealer. I have known the prisoner seven or eight years—his present demeanour and appearance is quite natural—he has an affliction of the eyes, and is considered rather silly—they call him Silly Dick—he is of a merciful and very quiet disposition—the boys about call after him, and sometimes he gets fighting, and generally gets the wont of it, for he is remarkably weak—he has looked after a horse for me.
NOT GUILTY .
Before Mr. Justice Erle.
329. PHILLIPE ASSENSION and DIAS GARCIA were indicted for feloniously assaulting William Thurman on the 25th of Dec, and cutting and wounding him on his head, left ear, and face, with intent to do him some grievous bodily harm.
(The prisoners being Spaniards, had the evidence communicated to them by an interpreter.)
WILLIAM THURMAN . I was in Charlton-street on the night of Christmas-day between eleven and twelve o'clock, and saw the police taking a Spaniard into custody in that street—the two prisoners, and a great many more, were ill-treating the police—they were hitting them with sticks and bludgeons, and attempting to get the other away that the police had got in custody—I went to the assistance of the police, and took hold of a stick that one of them had got to hit the police with—I wrestled with that person, and prevented him from hitting the police—we struggled together, and went down—he said something in Spanish, which I did not understand, and three more came to his assistance—I was fighting with them I dare say for pretty nearly twenty yards, fighting among the four of them,
trying to sure them—they came to drag me off him, and I got up again—we were fighting together for nearly twenty yards up Charlton-street—I hold of the two prisoners—we struggled and went down together—the other two went away—while I was on the ground with these two I received different cuts, one on the right side of the head, and another on the left, which divided the ear—my coat collar was cut through, and part of the breast—this is the coat—(producing it)—they were deep cuts—finding I was cut, and the blood beginning to run down my face, I said, "Good God! is there never an Englishman among you; to see me used in this way, and render me no assistance?"—a voice replied, "Yes, here is one"—it was the policeman Madden, who had got another of the Spaniards in custody—Garcia struggled and got away from me, and Madden came and pulled Assension away, and I assited in taking him to the station—I am sure that I received the cuts from one Or other of the prisoners while I was on the ground—they both struck me while we were struggling together, and I received the cut from one or other in the course of the struggle—I showed the cuts to Mr. Parker, a surgeon.
Assension. He did not take me to the station, I was taken by the police; he was the first to strike me; I fell down; I had no knife, or any weapon to cut him; I never used any sharp instrument, and especially a razor, because I am not a barber; I was under him when I was taken by the police, and not over him; if I had been over him the police man would not have caught me; I should have gone away and saved myself.
Witness. I went to take a stick from one of them who was going to hit the policeman—that wait neither of theprisoners—we struggled and fell, and then the prisoners came to his assistance, and knocked me off that one and another, who is not in custody—there Were four of them together then—the policeman came and pulled Assension off me, and laid hold of him—I assisted the policeman part of the way—I was undermost at the time the policeman came up.
Garcia. I Was not in the row, and was not taken till afterwards.
DANIEL MADDEN (police-constable S 186.) I was Charlton-street on Christmas night, and Was called to the Victoria public-house by Mr. Viles, the landlord—I found there from twelve to fourteen Spaniards—they were drinik—they called for liquor, he refused to serve them, and he called on me to take one of them into custody for' assaulting him with this stick winch I produce, and creating a disturbance in the house—I took him into custody—if was neither of the prisoners—the other Spaniards struggled very much to get him away—When I got him into the street one of them spoke to the others for their language, which I did not understand, and they all surronded me to rescue tne prisoner—police-constables Manser and Relly came up—five of the Spaniards struck Kelly, and pushed him into a doorway—I struggled with my prisoner 100 yards down the street, and when I had got that distance, or it might be more, heard Thurman cry out "Murder!' and say, "Is there never an Englishman that will come to my assistance?"—I said, "Yes, here is one"—I struggled with the I prisoner I hadf in custody, and got him across the road—I found the prosecutor on his back, and Assension on him—I laid hold of Assension's collor with my left hand and rose him up—Thurman's face was all over blood—Assension's shirt was torn, and tere was blood on it and on the cuffs of his coat—I could not see where
Garcia was at that time—he was taken afterwards—with Thurman's assistance I took Assension and the prisoner I had in custody to the station.
Assension. They must be mistaken, or they have sworn falsely about I my being over him; it is true that his face was over blood, but that was I from a blow I had received in the struggle; it was my own blood from my I nose, and the blood on my cuffs was from wiping my nose; I was first I taken prisoner by Madden, who held me by one arm, and another police-man came and took charge of me; I never thought of saving myself, but I went straight to the station.
Witness. I did not let him go after taking him off Thurman—I kept him all the way to the station, except about a minute, when the reserve policeman came up, and held him while I got my breath, and then I took him again—I was out of breath—that was in Phoenix-street, only a few yards from the station-house door—Thurman had hold of him at the same time, and never let loose of him.
Assension. You lie, the same as the prosecutor; after the prosecutor was released from the struggle he never approached my side.
Witness. Garcia was described to me by Thurman, but I do not recollect seeing him till he was in custody—I cannot say whether the prisoners wen at the public-house with the other Spaniards—I assisted Kelly in bringing Garcia into the station-house—he was near the door of the station—Kelly called me to his assistance—Garcia wore mustaches on that night—I saw Dixon at the station, and he handed me this razor, which I produce—that was about a quarter of an hour after I had arrived there—I have kept it ever since—next morning Sergeant Davis gave me another razor, which I produce—it had blood on it at the time.
Assension. He did not take me from off the prosecutor; he does not speak the truth; and he did not take me more than half way to the station; neither Thurman accompanied me to the station, nor the witness.
Witness. I did take him from above the prosecutor, and I did take him j to the station, with the assistance of Thurman, except for a few minutes, while another constable held him for me to get my breath.
Garcia I did wear mustaches, and they were cut off at Clerkenwell; I could say why.
FANCIS MINSER (police-constable S 87.) I saw Madden at the Victoria public-house on Christmas night—he had got a man in custody—there were about twelve or fourteen Spaniards there—they were all drank—I saw Assension in the public-house—the Spaniards struck at Madden with sticks—Kelly came to my help—I saw both the prisoners, and three or four others, attack him—they ran at him, forced him into a doorway, and fell on the top of him—some of them bad sticks to attack him with—I took a man named Pestan into custody—when I had him in custody Garcia placed himself in front of me with a large stick, and struck at me twice,
Assension. I was in the public-house; he put some questions to me which I did not understand, and we went along without saying any more. Witness. It is not true; we had not proceeded ten yards from the public-house when we were attacked.
Garcia He could not see me with a stick; when I was taken I had an umbrella, which they have got here. Witness. He had a stick—I did not see him with an umbrella then—I believe he had an umbrella when he was taken.
Garcia. I was not in the public-house, or in the row; I will prove that be is untrue. Witness. He was taking part in the row.
JOHN KELLY (Police-Constable S 115.) I saw several Spaniards at the Victoria public-house on Christmas night last—I did not see either of the prisoners there—I saw Garcia outside in the street—he struck me several times with a stick which he had in his hand—I took him into custody afterwards.
Assension. I think this is the constable who accompanied me to the station when Madden left me. Witness, No, I am not.
Garcia. He says I struck him with a stick; where is it? When he took me I had an umbrella.
Witness. I have not seen the stick since—I do not know what became of it—he had an umbrella when I took him into custody, which I produce—I did not take him in the row, because I had another prisioner, whom I took to the station—I then came out, and identified Garcia in Phœnix-street, and took him there.
MICHAEL NEAL . I was in Charlton-street on Christmas night, and was in the house into which Kelly was pushed-hearing the disturbance, I went out into the street, and saw several foreigners and the policemen struggling—I followed the policemen down to the station-house—I returned back in the line where the struggling had been going on, and I found the handle of a doors on the opposite side, in Charlton-street—there was blood upon them—I gave them to Srgeant Davis.
HENRY DIXON. I was in Charlton-street on Christmas night, and saw the Spaniards fighting with the policemen—I saw Kelly thrust into a door by several of the Spaniards—I saw Thurman, when I got to the corner of Chapel-street, run across the road, and seize a stick—I cannot say in whose hand it was—it was in the hand of one of the men who was fighting with the policemen—I saw Thurman seize the stick and struggle with the man across the road—I saw Assension run across the road, and speak something in his language—I thought he was going to hit me, and I ran to the station to get another policeman—I did not see Assension do anything to Thurman—after the prisoners were in the station, I returned along Charlton-street, and found a razor about thirty yards from Mr. Viles's house.
Assension. Q. For what reason did you go to the police-station? A. Because I thought he was going to hit me with the stick—he had something in his hand as he ran across—I can recognize him as the man—he had a little white coat on, and he was the shortest of them all.
Assension. There were several less than me, and I had a blue coat on that night.
Witness. There were not several less than him—I can take my oath he is the man—I saw of shorter man than him—he had not a blue coat on that night—he had a white one.
BARTHOLOMEW PARKERR. I am a surgeon, and live in Phœnix-street. On Christmas night last Thurman was brought to my house about a quarter to twelve o'clock—I examined his wounds—on the right side the scalp was divided about five inches and a half—about two inches of the skull was bare, and a branch of the temporal artery was divided—there was a great deal of bleeding from it—there was also a serious wound on the left side of the head, about six inches in length, dividing the ear completely through—it was the cut of some sharp instrument.
Garcia. How could it be, if the wounds were so very serious, that the could carry the prisoners to the station, then go the doctor's, and next day appear before the Magistrate as if nothing had happened?
Witness, He went to the office next day contrary to my orders—I did not expect he would have been able to do so, the wpunfls being so very serious.
Assertion's Defence. On the night in question, I, with four more Spaniards, were walking and amusing ourselves; we had a guitar with us, and were playing it and asuming ourselves in the street, in consequence of which three or four English people, some of whom had been in Spain and could talk Spanish, joined us; we went into the Victoria public-house in Charlton-street, and asked for a pot pf beer; the landlord said he would pot serve it, in consequence pf which refusal a Spaniard, who is now in sufferance, and another person pushed the pots off he counter against the bar, and the landlord, becoming in a passion, was going out into the street when the policeman Madden came in; I did not hear or understand what happened, but I saw that the policeman took the Spaniard into custody; spoon after, Manser came and spoke to me a few words, which I did not understand; he went put of the public-house, the Spaniards followed behind; I had the guitar; some yards afterwards I stopped and spoke to one of the Englishmen who understood the Spanish, and while we were in that rapmentary conversation, some row or dispute began elsewhere; I went straight forward where the noise or dispute was, and in going there an Englishman fell on me, took the guitar qut of my hand, beat me with it and broke if to pieces; J went further to where the principal dispute wis, and topk hold of Thurman; Thurman gave me a blow on my nose; I fell to the ground a, and he fell on me, and in that position Madden tool me in to custody; he conducted me, perhaps, more than half way to the station, and then another policeman took charge of me to the station; Q person brought the pieces of the guitar into the station, and delivered them, to the contstable; I have never seen the guitar since.
Garcia's Defence. In spite of what some of the witnesses have declared about having seen me, I was. not in the row; I had been to Mr. Crespo's house having supper; I staid at that house from five o'clock in, the afternoon, or thereabouts, because I was invited to dine, and I remained there till between half past eleven and twelve, when I came out just to buy some tobacco; at the corner of Clarendon-square I met with a woman whom I knew, and she made me understand that some Spaniards were taken prisoners, in consequence of which I went to ascertain if it was true, and whether it was any of my friends, and while going to the station to ascertain the truth I was taken, about three or four steps from the station by two policemen; I found three Spaniards also prisoners; I was not in the row, as the prisoners could themselves declare; I passed the evening with Mr. Crespo and his son, and I declared so before the Magistrate* How if it that they have not been summoned to appear here?
ASSENSION— GUILTY . Aged 20.
GARCIA— GUILTY . Aged 40.
Confined Eighteen Months.
NEW COURT.—Monday, January 6th, 1845.
Fifth Jury, before Edward Bullock, Esq.
ROBERT ELLIS . I live with Messrs. Relph and Co., Cornhill. On (he afternoon of the 28th of Pep. I was in Cheapside, apd saw the prisoner draw a handkerchief from the prosecutor's pocket—he then crossed the road, and passed it to another person—I told the prosecutor.
EDWARD LENNOX BOYD . I live in Waterloo-place, Pall-mall. This Is my handkerchief—I had it in my pocket on the 28th of Dec—I did not perceive anything, but Ellis spoke to me in Cheapside—I followed him, and be pointed out the prisoner—I saw my handkerchief in another man's hat—I seized the hat, and took it—that man said it was not him—I let him go, and ran after the prisoner, and caught him—I had had my handkerchief in my pocket about a minute before,
Prisoner's Defence. This gentleman ran after another man, and took the handkerchief from his hat; he then ran, and took me; that is all I know.
GUILTY . Aged 20.—Recommended to mercy by the jury— Confined six months
332. EDWARD MORGAN and GEORGE CLARK were indicted for stealing, on the 18th of Dec, 1 boot, value 5s., the goods of John Bull; and 1 pair of boots, value 10s., the goods of William Stocker; and that Morgan had been before convicted of felony,
ROBERT PAGE , I live at Mr. Hodgkinson's, a schoolmaster. On Wednesday afternoon, the 18th of Dec, I was going to Kilburn to take some clothes—I had one boot belonging to Mr. Bull, which had been giveji me to take to Mr. Turner's to be repaired, and I had two boots of Mr. gtocke's to carry to the shoemaker's at Kilburn—I met the prisoners, and three other persons with them—Morgan took my cap ojf ray head—I turned round, and looked back, and then I saw Clark taking one. other boot from my barrow—he pretended to throw it away, and then put it under his arm—they ran off about twenty yards, then one of them came, back—he took another boot, and they all ran off together—I lost all the three, boots—I found my cap lying on the ground just behind—these are the boots.
FRANCIS DENNIS . I live at Kilburn, and am a shoemaker. On the Wednesday when these boots were loot I saw Page in the evening and the next morning I saw the prisoners togethe passing slowly along—my suspicions were excited, and I watched them to Mr. Hancock's plantation—Clark entered the plantation, and Morgan stood outside—a person came in the same direction, and disturbed them—Clark came out of the plantetion—he and Morgan went up the road together—I went into the plantation, and found these three boots exactly where Clark had been.
GEORGE BROWN . I am gardener to Mr. Hancock. About nine o'clock that morning I saw both the prisoners in the plantation—I took Morgan into custody, and Holloway took Clark—I asked what they did there—they said they were looking for a blackbird.
Morgan's Defence. I and Clark had been at work in the stone-yard the day before till half-past seven at night, and that morning we came down the road, and two men came and took hold of us.
TIMOTHY MORIARTY (police-constable S 191.) I produce a certificate of Morgan's conviction, which I got from the Sessions-house, at Clerken-well—(read—Convicted on the 7th of Aug., 7th Vict., and sentenced to six months' imprisonment, six weeks solitary)—the prisoner Morgan is the man.
Morgan, I was never there, on my oath, in my life.
JURY. Q. Was it in 1843 or 1844? A. In 1843—I have no doubt about his being the same person.
MORGAN— GUILTY , but not of the previous conviction. Aged 19.— Confined Six Months.
CLARK— GUILTY , Aged 18.— Confined Three Months.
333. WILLIAM ANDREWS was indicted for stealing, on the 20th of Dec, 7 lbs. 14 ozs. weight of indigo, value 5s.; also on the 19th of Dec., 13 1/2lbs. weight of starch, value 4s., 6d.; 4lbs. weight of indigo, 4s.; and 1/2lb. weight of mustard, 6d.; the goods of Jeremiah Colman and others; to which he pleaded
GUILTY . Aged 24.—Recommended to mercy,— Confined Four Months.
GEORGE CUNNINGHAM STEWART . I live in Austin-friars. On the evening of the 24th of Dec, about a quarter before four o'clock, I was in Leadenhall-market—I felt a tug behind me—I turned, and saw the prisoner putting my handkerchief into bis pocket—I know it was safe half an hour before—I took the prisoner, and took his hand out of his pocket with my handkerchief in his hand.
Prisoner. I was walking with my hands in my pockets; this gentleman turned, and said, "You have got my handkerchief;" I know nothing about it.
GUILTY . Aged 18.— Confined Six Months.
335. JOHN JAMES was indicted for stealing, on the 19th of Dec, 1 ham, value 10s., the goods of Benjamin Cox; and GEORGE BIRT FOSTER , for feloniously receiving the same; well knowing it to have been stolen; against the Statute, &c.; to which
JAMES pleaded GUILTY . Aged 45.—Recommended to mercy.
Confined Six Months ,
MR. PAYNE conducted the Prosecution.
three and four o'clock, my attention was called to a ham in a sack—I marked it in two places, and put it into the sack again—I afterwards saw James place the sack, with the ham in it, in his cart, about half-past five I—I went into the loft, and missed the sack—I went out and watched I James, and about a quarter before seven the same evening I saw him coming I in a direction from where Foster lives, and going towards the stable—I I afterwards saw him go into a public-house.
BENJAMIN COX . I am a wholesale cheesemonger, and live in Newgate-street—the prisoner, James, was in my service—from what my son told me, I had a communication from James, and from what he said, I went to Foster's residence, in Clement's-court, Milk-street—I inquired of the woman who keeps the shop, if Mr. Foster was at home—she said, "Yes"—she came out and called, "Foster"—he looked out at the three pair of stairs window, and answered to the name—I believe he saw me—after keeping us some time at the door, it was opened, and we went into his room—his wife was sitting there, and she declined saying where he was—I turned, and saw a light n ar a trap-door—I went up there, and in a gutter behind the trap-door, I found Foster—the policeman who was with me came up. and said, "Foster we want you"—he came, and we came down into his room—we searched, but found nothing—we went up the trap-door again, and searched along the gutter—the policeman got over the roof of the house, and said he saw something, but he could not get it—I got a pair of tongs from the room, and he got it with them—it was this ham—he brought it up, and I identified it—I came down, and gave Foster in charge—this is my ham—James had no authority to take it away—there was time enough between our going to the house, and Foster looking out at the window, and our finding him in the jgutter, for a person to have thrown the ham where it was found—this is a real Yorkshire ham.
FREDERICK HAGGETT (City police-constable No. 277.) I went to Foster's house with the prosecutor—I found Foster in the gutter of the roof—I also found this ham—there was time enough, between our getting to the house, and Foster being given into custody, for a person to have placed the ham where I found it—I found it in less time.
Cross-examined by MR. WILKINS. Q. What length of time elapsed from your seeing him at the window and getting into his room? A. From eight to ten minutes—this ham was on the roof of the adjoining house, which is about two feet lower than the house I was on—I was afraid to reach down to it—I believe Foster was a lodger in the house.
MR. PAYNE. Q. Was any one in the gutter but Foster? A. I taw no one—I caught him, and said I wanted to speak to him—he Mud, 11 What?"—I said, "Come down,"—I took him down, and after searching the room, I sent for another officer—he kept Foster, while I went on the roof—he is not here.
BENJAMIN COX re-examined. Q. Did you hear Foster asked why he was on the roof? A. Yes, and he said he could see better what a devil of a row there was below—I said, "You could see better in your own room, "which was a story nearer.
JAMES GRIMSDALE . I saw James and Foster together, on the evening of the 19th of Dec—James and I were coming from the stable—we walked down the court to St. Martin's-le-Grand—I had not seen the prisoners together before—I did not know where Foster lived.
FOSTER— NOT GUILTY .
336. GEORGE RIRT FOSTER Was again indicted for stealing, on the 19th of Dec, 1 1/2 yards of toilifret, value 5s.; 1 1/2 yards of Thibet, 5s.; the goods of Frartcis Watson Coafes, his master: and JOHN JAMES , for receiving the same; well knowing the same to have been stolen; against the Statute, &c.
JAMES JORDAN . I am in the employ of Mr. Francis Watson Coates, a warehouseman in Cheapside, he is chiefly in the Manchester trade. On the morning of the 20th of Dec, Mr. Cox brought a parcel, containing this toilinet and Thibet—I have brought the pieces from our warehouse, which these were cat from, as we suppose—we have no private mark on them, and had not missed them—I suppose other people sell these things—these are the pieces from which these were cut.
(The Jury having examined the goods, said they were not satisfied that they eame from the pieces.)
NOT GUILTY .
GUILTY . Aged 33.—Recommended to mercy. Confined Four Months.
(The prisoner received a good character.)
THOMAS VESPER . I am a pawnbroker, and live in Sydney-place, Commercial-road. About half-past six o'clock in the evening, on the 20th of Dec, the prisoner came to my shop and offered this coral necklace in pledge she said it belonged to her mother, whose name was Brown, and who lived in Charles-street—she afterwards said she found it in Turner-street—when I sent for an officer, she said she was in service in Fenton-street.
HARRIET MARY JOHNSON. The little girl, Jessie Ormstone Forbes, came to school to me, and 1 know she wore this necklace—after she had gone home from school one morning, a little boy came and asked, "Has my sister lost her necklace in school?"—we said we thought not, but we would look—the prisoner", who was in my service, helped in the searcb, and she said the child had it on when she dressed her to go home—we heard no more of it till the prisoner' Was taken.
THOMAS FORBES . I am a clerk in the London Docks. Jessie Ormstone Forberf is my daughter—she is three years and a half old—she wore this necklace—it was lost about two months before I heard of its being found.
WILLIAM GRAY (police-sergeant K 1 1.) Between six and seven o'clock in the evening, on the 20th of Dec, I was called to Mr. Vesper's, and he gave the prisoner into custody—she said she had found the necklace about three weeks ago in Great Turner-street, and that she lived in Fenton-street, which I found was right.
NOT GUILTY .
HARRIET MARY JOHNSON . I am single; the prisoner lived servant with me. 1 missed this lace (looking at it) when she had been with me about six weeks—I made inquiry about it in the house generally—the prisoner was aware of the inquiry, and she sometimes asked me if I had found it—I have had it these twenty years, and know it well.
GUILTY . Aged 15.—Recommended to mercy by the Jury, and by ike Prosecutrix, who promised to take her into her service again,— Confined Seven Days.
340. ROBERT HARRIS was indicted for stealing, on the 27th of Dec, 1 crown-piece, the money of Mary Wilford; and JOHN TOMLINSON , for feloniously receiving the same, well knowing, it to have been stolen.
MARY WILFORD . I am a widow. On the evening of the 27th of Dec. I got into a cab, at Islington, which Tomlinson drove, and Harris was the waterman—when I got in I gave Harris a penny, as I supposed—I said Here is a penny for you"—my daughter-in-law, who sat in the cab, said io me, "How it glistens"—I put my hand into my pocket, where I knew I had had a 5s. piece and 3s., and the 5s. piece was gone—I stopped the cab instantly, and said I had given the waterman a 5s. piece—Harris denied it, and said he had only a few halfpence in his possession—he was taken to the station—I know 1 had the 5*. pjece a quarter of an hour before I took the cab.
Cross-examined by MR. PAYNE. Q. Was it not about an h ur before? A. 0 dear, no—I really do not know whether I ever said it was an hour before—I gave him the 5A. piece in mistake for a penny, having ray thick gloves on—I knew I had a 5A. piece, and no halfpence—I keep what little silver I have with my copper—I thought it was a penny when I gave it him, but my daughter-in-law said, "How it glistens," and then I recollected I had no halfpence—Harris was willing to be searched, and did not attempt to escape.
Cross-examined by MR. WILDE Q. The cab had gone on for three minutes, had it not? A. Perhaps it had—my son asked Tomlinson who the waterman was, and he gave his name.
SOPHIA WILFORD . I am daughter-in-law of Mary Wilford, and wife of Samuel Wilford. I engaged the cab, and got in it with Mrs. Wilford—Harris was at the door, as waterman—I saw Mrs. Wilford give him a crown-piece—I did not know it was a crown-piece but by the glistening of it by the gaslight—we stopped the cab, and went back to the stand—my husband was on the cab-box—Harris was found, and brought up—he was, asked by my husband whether he had received such a thing as a 5s. piece, and he denied that he had ever received such a coin—Tomlinson was within hearing—we all went to the station.
Cross-examined by MR. PAYNE. Q. Did not Harris say he had not a crown-piece about him? A. Yes, and had not received one—I was sitting on the right hand side of the cab, and the door was open on the left—I
was farther from Harris than Mrs. Wilford—the gas-lamp is the one that gives light over the New River in the City-road.
SAMUEL WILFORD . I was with my mother—I rode on the box of the cab—I went back to the stand, and found Harris—I told him he had got a 5s. piece in the room of a 1d., in mistake—he said he had no such thing about him—he pulled out a few coppers, showed them me, and said that was all he had in his possession—he said he was willing to be searched—all this was in the hearing of Tomlinson—we got an officer and went to the station.
RICHARD MARTIN (police-constable N 175.) On the evening of the 27th of Dec, I was called to Goswell-street, and found the prisoners there—Mrs. Wilford said she gave Harris a 5s. piece in mistake for a 1d.—he said she had not done so, and all he had got about him was this(producing 3 1/2 d.)—Tomlinson was by when Harris said this—I took Harris to the station, and Tomlinson preceded us—we went together—when we were outside the station Harris had his hat in his hand, and I saw him take something out of it, which he placed in Tomlinson's hand—I collared Tomlinson, and took this 5s. piece out of his right hand with my left hand—about a minute before that Tomlinson asked Harris to step aside with him—I said no, he was now a prisoner, and he should not do anything of the sort.
NOT GUILTY .
NEW COURT.—Tuesday, Jan. 1th, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 28.— Confined Two Months.
ELIZABETH ANN COUSINS. I am single—I live at Staines—the prisoner lodged in our house—she went away on the 6th of December—I missed my shawl that night, and next morning my brooch—these are them.
Prisoner. Q. You lent me the shawl and the brooch? A. Yes, I did once, but you returned them—I did not lend them this time.
SARAH BOLLAND . The prisoner gave me a bundle, and said she wanted to make up a little money, and she must pawn a few things—there were five gown-pieces and this shawl in it—I pawned them at Mrs. Davies at Uxbridge.
Prisoner. I borrowed the shawl and brooch; I came to Uxbridge, and
was there taken ill; I never was out of bed till Christmas-eve; the prosecuirix's father and mother knew all the time that I was there; I sent my respects to her father, and said I was ill; I owed him 1l. 3s.; I had borrowed the shawl and brooch; I put the shawl in with some other things to make up a little money, to buy some net and other things.
GUILTY . Aged 36. Recommended to mercy by the Jury, Confined Three Months ,
MR. CLARKSON conducted the Prosecution,
JAMES STEVENS . I am porter to Messrs. Meeking and Co., linen-drapers, in Holborn. I took some goods to the house of Mr. Young, in James-street, Oxford-street, on the 14th of Dec.—I received them from the prisoner—the bill was inclosed with them—it was between dinner and tea time—I saw Mr. Young, and delivered the goods to him—he returned me part of them, and paid me 2l. 8s. 5 1/4d.—there is a parcels' book kept at our house, and the prisoner was what is called parcels' clerk—on my return I handed the whole of the 2l. 8s. 5 1/4d. to the prisoner, on the same evening—there were two sovereigns and the rest in silver.
Cross-examined by MR. DAONE. Q. What time in the evening was it? A. Between tea time and nine o'clock—it might be near nine. GEORGE MACHIN. I am cashier to Messrs. Meeking and Co. The prisoner was parcels' clerk—when he received money by taking parcels himself, or from the hands of those persons who took them, it was his duty to pay the money to me immediately—on the 14th of Dec. I did not re* ceive the sum of 2l. 8s. 5 1/4d., from Stevens, the porter, or from the prisoner—it was never paid to me—I have the parcels'-book here, and the cross check-book—if I received the money from the prisoner, it would be his duty to enter it in the cross check-book, and to get my initials put to it, countersigning my receipt of the money—there is no receipt for this sum on the 14th of Dec.—he has accounted for money received after the 14th of Dec, but he has not accounted for this—he left on the 18th of Dec—I am not aware that he had given notice to quit.
Cross-examined. Q. Who are these entries of the 14th of Dec., in this cross check-book made by? A. By the prisoner—here are twenty-one entries made by him on that day—this "G. M." to them, are my initial! at having received the money from him—this sum of 2l. 8s. 5 1/4d. does not appear here. WILLIAM YOUNG. I live in James-street, Oxford-street. On the 14th of Dec. 1 went to Messrs. Meeking and Co., and selected goods amounting to 2l. 14s. 11 1/4d.—Stevens brought the goods and a bill—I returned part of the goods, which reduced the bill to 2l. 8s. 5 1/4d.—paid him that turn, and he signed the bill—I destroyed the bill.
MARIA ALLOR . On the 18th of Dec. (my name was Haggins on that day) 1 purchased some goods at Meeking and Co., which came to 2l. 13s. 3d. I desired them to be sent to No. 12, Rockingham-row, and desired my sister-in-law to pay for them.
SARAH ALLGAR . I live at No. 12, Rockingham-row. On the 18th of Dec. a person brought a parcel of goods for my sister-in-law, with this bill—I paid the amount, 1l. 13s. 3d.—the person wrote the receipt which is on it now.
JOHN GOOD . On the 18th of Dec. I was at the house of Mr. M'Kean, who is now in the country—the prisoner came there that day with a brown paper parcel, and this bill—he was paid the amount, 3l. 9s. 3 1/2d.—I went for a pen and ink, and saw him write this receipt on it.
THOMAS WALLS . I am a partner in the house of Charles Meeking and Co.—there are three partners—I know the prisoner's handwriting—these two hills are receipted by him—he was parcels' clerk—when he received monies for goods, either by his own hands or from the porters, it was hit duty to hand them to the cashier instantly, and to enter in the parcels'-book the fact of the receipt of the monies—in this parcels'-book here it the entry of Mr. Young's parcel in the prisoner's writing—it was sent at six o'clock on the 14th of Dec., by Stevens, but here is no account of hit receiving the money—on the 18th of Dec. here is no account of the receipt of the money from Allgar or M'Kean, as he was not in the house—he did not come back—we issued a bill for his apprehension—on the Sunday following I was sent for to the police station, and saw him there.
Cross-examined. Q. What day of the week was the 18th? A. Wednesday—he entered the parcels that day, but could not account for the money—we have a rule at our house that the young men should come in by eleven o'clock—if they are after that we do not let them in.
MR. CLARKSON. Q. What time did the prisoner leave? A. Between eight and nine o'clock in the evening—he did not come back afterwards—he ought to have sent Allgar's parcel by the porter.
WILLIAM HARDING (City police-constable No. 271.) On Sunday, the 22nd of Dec, I took the prisoner—I was aware that there was a handbill for his apprehension—I saw him within a very short distance of Mr. Meeking's door—I said, "What, are you just come back?"—he said, "Yes, I have knocked; I wish to go in and clean myself, and then go to my uncle's and get the money;" and I understood him to say, "to make it all right"—I asked him if he had seen the bills that were posted—he said, "No"—I took him to the station.
Cross-examined. Q. Did he not say he had lost 51. in money, and did not like to come back? A. He did.
GUILTY . Aged 27—Recommended to mercy by the Jury and Prosecutor.
Confined One Year.
MR. BALLANTINE conducted the Prosecution.
ESTHER SMITH . I manage the business of Mr. Taverner, a tobacconist, in Chapel-street, Bethnal-green. He deals with Mr. Hubbard—on the 8th of Nov. I paid the prisoner 19s. on Mr. Hubbard's account—I saw him write the receipt to this bill.
WILLIAM SOUTHCOTT . I am a general dealer, and live in Little Coram-street. I dealt with Mr. Hubbard—I paid the prisoner 1l. 19s. 9d. for his master on the 5th of July, and on the 9th of Aug. 1l. 0s. 7d.—these are the bills he receipted.
JOHN WILLIAM HUBBARD . I am a tobacconist, and live in Barbican. Southcott and Smith were my customers—the prisoner was my porter, and was to receive monies due to me, and to account for them nightly; or, if he was late, we took them the next morning—it was his duty to account to
me or my son, whichever was at home—he did not account for 1l. 19s. 9d.
on the 5th of July, or for 1l. 0s. 7d. on the 9th of Aug., as received from Southcott; or for 19s. received on the 8th of Nov. from Smith—Smith manages the business of Mr. Taverner, and when the prisoner came home one evening, I said, "Has Mr. Taverner paid you?"—he said, "No, Smith was out, one of the young ladies wished to go out and got a sovereign; I would not let them, and they have not paid"—that was a week after the 8th of Nov.
Cross-examined by MR. PAYNE. Q. Do you keep any books? A. Yes—they are not in confusion—we had two adjournments of this case before the Alderman—that was not because my books were confused—there was an observation made that I ought to look after my accounts more than I did, and my observation was that I had had a great deal of sickness in my family and had lost a daughter—I have my books here—these sums are not entered as paid—the accounts have run on one into another—the prisoner had been three years in my employ—his wages were 14s. a week—I now know that he had a sick child, who is since dead, and his wife is, now ill—I did not know it then—I think my son was present when the prisoner made the statement I have spoken of after the 8th of Nov.—I will not be certain—after I discovered the prisoner was wrong I kept him till the Saturday after.
MR. BALLANTINE. Q. Was the adjournment about this case? A. No, it referred to other things, quite different to this—to the amount, as I reckon, of about 80l. defalcation since April—I received some information on a Friday, and my suspicions were excited—I gave the prisoner into custody on the Saturday afternoon—he remained with me during that time in consequence of accounts which he gave, but which proved to be false.
WILLIAM HUBBARD I am the prosecutor's son. The prisoner did not account to me on the 5th of July, or afterwards, for 1l. 19s. 9d. received from Southcott—he did not account for 1l. 0s. 7d. received on the 9th of Aug., or for 19s. received of Smith on the 8th of Nov.—I was in the shop when the prisoner spoke about Taverner's money on the 9th of Nov.—he was asked if they paid him—he said, "No, the person who paid was out, the young lady wanted to go to borrow a sovereign, and I would not let her"—my father was not in the shop then—I did not hear him tell my father anything about it.
Cross-examined. Q. Do you keep the accounts? A. Occasionally—I asked the prisoner on the 6th of July the reason Mr. Southcott had not paid—on that day the account of Mr. Southcott was closed—I do not recollect about the 9th of August, but I know by our books that the account was not paid—I never omit to put down the money received—we make it a rule to lay the money on the side of the desk, and never take it up till it is entered in the pay-book.
(William Freeman, a publican, and David Herring, gave the prisoner a good character.)
GUILTY . Aged 22.—Recommended to mercy by the Jury.
Confined One Year.
HENRY HUBBARD. I am storekeeper to Mr. Wright, at Wapping—I got drunk on the 26th of Dec.—I had had 17s. or 17s. 6d. in shillings and sixpences in my pocket—I went to sleep, and when I awoke I was in a lock-up house, and my money was gone.
HENRY LOVELL . I live in Brook street, Ratcliffe. On the 26th of Dec. I saw Mr. Hubbard at the corner of Devonport-street—he fell down—the prisoner came up to him, wiped his eyes, and picked him up, and then she felt his pocket—she took some money out and counted it—there was 6s. 6d.—she was going to put it in her bosom—I hallooed out, "Pull the man's money out, and put it into his pocket"—she pulled her hand out of her bosom, closed, and put it into his pocket—she pulled it out and said, "Now it is in"—I said, "I don't think it is"—he was then going on, and she was going with him—a Mr. Wiseman came up and said, "Where are you going?"—the prisoner said, "To No. 4, Vinegar-lane"—he said, "He shan't go there, you are going to rob him;" and he said to a boy, "Go for the policeman"—the prisoner lifted Mr. Hubbard's waistcoat, and looked at his watch and said, "It is right"—I saw her take 6s. 6d. from his trowsers' pocket, some coppers from his right-hand waistcoat pocket, and some coins from the left.
Prisoner. He asked me to take him home, and I said I was going to take him to No. 4, Vinegar-lane.
Witness. I did not hear him.
ROBERT WISEMAN . On the 26th of Dec, between four and five o'clock, I saw Mr. Hubbard lying down, and the prisoner standing over him—she said she wanted to get him to No. 4, Vinegar-lane—I said, she should not take him there, for he would be robbed—she said, if I said anything she would charge me with robbing him—I said I would get a policeman—she ran off, and I followed her—she took something from her bosom, and gave it to a man—she then turned and struck me under the left ear, because I was looking after a policeman—she ran up and down, and ran to a house in Three Cup-alley—I stopped there till a boy got a policeman—I told a boy to mind which way the man went that the prisoner had given something to, but he lost him.
JAMES GILBERT . I saw Mr. Hubbard lying down, and the prisoner standing alongside of him—Mr. Wiseman said to her, "Where are you going to take him?"—she said, "To No. 4, Vinegar-lane"—he said, "You shall not; you mean to rob him"—he said to me, "Go get a policeman"—I went, but could not find one—then he said, "I will go"—the prisoner then ran away—I and a lot more boys got Mr. Hubbard to the station—we did not know where he lived.
EDWARD CASSIDY (police-constable K 238.) The prosecutor was brought to the station-house in an insensible state—there was 1s. 6d. found on him—I went to Three Cup-alley, and found the prisoner in a room—I said I would take her for robbing a man of 6s. 6d.—she said she would accompany me, but she knew nothing of the money—a man named Mahoney, to whom Mr. Wiseman saw her hand something, was in the room with her—I took them both.
Prisoner's Defence. He asked me to take him home; I told him I did not wish to take him home, for fear he had any money; he said, "No, I have not, but I have my watch;" I said, "Take care of that;" I was taking him; Wiseman came and said, "You have robbed him of 6s. 6d., give me 3s., and I will say nothing;" I said, "I am not worth 3s.; "I
was going on after one of my children; Wiseman followed me end said, if I did not give him 3s. I should be sorry for it; it is not likely that I should take 6s. 6d. from the man's pocket, and leave his watch and more money behind, and that I should count the money before the boys.
WILLIAM PLOWRIGHT (police-constable K 84.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read—Convicted 29th Nov., 5th Vict.)—the prisoner is the person—she had one year's imprisonment.
GUILTY .— Aged 30.— Transported for Ten Years.
NOT GUILTY .
347. THOMAS BENHAM was indicted for stealing, on the 18th of Dec., 1 pewter-pot, value 10d., the goods of John Topliffe Kinniple; 1 pewter-pot, 10s., the goods of Mary Smith; and 1 pewter-pot, value 8d., the goods of Christopher Wells; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 39.— Transported for Seven Years.
CHARLES CAINES . I am a glove-manufacturer, and live in Wood-street. The prisoner was in my employ—it was his business to receive money for me, and pay it me every evening—if he received 6s. on the 4th of Dec, he has not paid it to me, which he ought to have done that evening.
Prisoner. It was poverty; I was selling on very small commission of 5 per cent.; I strove to get him customers, and when I have asked him for a few shillings on a Saturday night, he always refused me; there was no agreement that I should pay the money the night I received it.
GUILTY . Aged 47.— Confined One Year.
349. RICHARD MIDDLEDITCH was indicted for stealing, on the 30th of Dec, 6 brass cocks, value 15s.; and 10lbs. weight of brass, 5s.; the goods of Samuel Stokes, his master; to which he pleaded. GUILTY . Aged 65.— Confined Six Months.
GUILTY . Aged 38.— Confined Six Months.
GEORGE RAPHAEL . I am in the service of Mr. James Wild, Geographer to the Queen, at Charing-cross—the prisoner was his errand-boy. On the 24th of Dec. I gave him a sovereign and a half-sovereign, to go to Mr. Arrowsmith's, to purchase an ordnance survey—he came back, and gave me the sheets, and 9s. 9d. change, saying that they gave him no bill—I told him the first time he went that way to go and get the bill, and bring it with a receipt—on the 27th I sent another lad there, and he brought word that the articles had not been paid for—on the 28th Mr. Arrowsmith's clerk came to us, and this 1l. 3d. has since been paid to them by my master's orders.
JOHN BRITTAIN . I am clerk to Mr. Arrowsmith, of Soho-square. On the 24th of Dec. the prisoner came for some ordnance maps—they came to 1l. 3d.—he paid me nothing for them—I afterwards got the money from Mr. Wild.
Cross-examined by MR. DOANE. Q. Was any paper made out? A. Yes, I made out an I O U, and asked the prisoner to sign it, and he did—I did not trus him—I trusted Mr. Wild—here is the I O U—I have got the money from Mr. Wild.
Prisoner. I do not know how I came to take it, I spent it.
GUILTY . Aged 14.— Confined Three Days and Whipped.
352. HANNAH DUNWORTH was indicted for stealing, on the 28th of Nov., 1 bed-curtain, value 10s.; 3 frocks, 12s.; 1 napkin, 1s.; 1 gown, 8d.; and 1 sheet, 4s.; the goods of John Alexander Paul, her master.
JOHN ALEXANDER PAUL . I live in Bell-alley, Goswell-street—the prisoner was in my service. On the 28th of Nov. I missed a sheet, and since that I have missed three frocks, a napkin, and a gown—this is the gown and sheet—I swear they are mine—they are marked—the pawn-broker gave them up at Worship-street.
WILLIAM HORN (police-constable G 188.) I took the prisoner—she gave me two duplicates, one of an iron, and the other was of this gown and sheet, pawned at Mr. Howell's, in Barbican—I found them there.
GUILTY . Aged 19.—Recommended to mercy by the Prosecutor and Jury.
Confined Four Days.
NEW COURT.—Wednesday, January 8th, 1845.
Fifth Jury, before Mr. Common Sergeant.
353. JAMES HORNE was indicted for burglariously breaking and entering the dwelling-house of John Cox, about the hour of two in the night of the 27th of Dec, at St. Mary, Islington, with intent to steal, and stealing therein, 2 cups, value 8l.; 1 goblet, 4l.; 1 pair of sugar-tongs, 14s.; 3 spoons, 9s.; 2 pepper-castor tops, 4s.; 1 snuff-box, 10s.; 1 cruet-stand, 10s.; 2 candlesticks, 4s.; 1 pair of snuffers, 2s.; 1 salt-cellar, 6d.; 1 towel, 6d.; and 1 handkerchief, 5s.; the goods of the said John Cox.
On Friday, the 27th of Dec., I went to bed about half-past eleven o'clock—my husband left the parlour at the same time that I did—there was no one up in the house then—the back parlour window was fastened—I had shot the shutters of it myself, and fastened them with a bar—this silver goblet, and cups, and other things, were in the front parlour—the front parlour window was shut, and all the windows and doors in the house were shut—the servant got up at seven the next morning, and she came and called me—I missed the property stated—these are the articles (examining them)—they are my husband's.
Cross-examined by MR. PAYNE. Q. Do you mean to swear that you distinctly recollect fastening the shutters that night? A. I was in the parlour, and have a distinct recollection of closing the shutters—I know all these articles—this handkerchief I darned myself, which enables me to swear positively to it—this chased goblet we have had many years—we lost articles just like these—all we lost are found—the shutters of the back window had been forced from the side—the nails were forced out from the hinges—the shutters were there, but they were open—I shut the shutters about five in the evening—we were sitting in the front parlour, but the folding-doors were open—I did not examine the back window after I shut it at five.
COURT. Q. Did you leave the room after shutting the shutters? A. No; and no one could have gone out or come in without my seeing them.
Cross-examined. Q. How was it open? are these ordinary shutters that shut to? A. Yes, and a bar across—they had been broken at the side by the hinges.
Cross-examined. Q. Did he not tell you he found it? A. He first told me it was bread and meat, and when I found what it was, he told me he found it in the cattle layers—there are cattle layers near Mr. Cox's house—in the prisoner's pocket I found these spoons and the snuff box.
GUILTY . Aged 17.— Transported for Ten Years.
GUILTY . Aged 23.— Judgment Respited.
GUILTY . Aged 25.— Confined Twelve Months.
356. SUSAN CLAYTON was indicted for stealing, on the 31st of Dec., 1 watch, value 5l.; 1 watch-chain, 6d.; 3 seals, 1l.; 1 watch-guard, 6d.; 2 handkerchiefs, 3s.; and 3 shillings; the property of William Davey in the dwelling-house of Samuel Griffiths.
Stingo—I met the prisoner, and went with her to a house in George-street, Lisson-grove—we went to bed—I had a watch, and the other things stated—I put them in the side-pocket of my coat, which I hung on a horse in the bed-room—I went to sleep, and awoke in about an hour—the prisoner was then gone, and I missed my watch, my handkerchief, and money—it was then about half-past two o'clock—no one else had been in the room, to the best of my knowledge—I went out and saw the constable—I told him—he searched that house, and two or three other houses, but could not find the prisoner—at last I saw her coming into George-street—I said, "That is the woman"—the officer went up to her—she pulled the property from under her shawl, and said, "Here is the property, do forgive me"—it is my property.
GUILTY of stealing only. Aged 21.— Confined Three Months.
357. BENJAMIN HARRIS was indicted for feloniously breaking and entering the dwelling-house of John Ayres, at St. Leonard, Shoreditch, on the 3rd of Dec, and stealing therein 6 gowns, value 9l.; 1 mantle, 3l.; 2 scarfs, 2l.; 1 coat, 2l.; 1 watch, 1l. 10s.; 11 shawls, 6l.; 1 pair of trowsers, 10s.; 3 aprons, 10s.; 1 thimble, 6d.: 1 knife, 6d.; 1 comb, 3d.; 2 umbrellas, 10s.; 2 rings, 7s.; 1 brooch, 3s.; 1 pencil-case, 5s.; 5 keys, 2s. 6d.; 2 waistcoats, 4s.; 2 ear-rings, 3s.; and 2 handkerchiefs, 3s.; the goods of the said John Ayres; and JANE MIERS for feloniously receiving the same, well knowing them to have been stolen.
MR. DOANE conducted the Prosecution.
MARY AYRES . I am the wife of John Ayres; we live at No. 5, Union-street, Hackney-road, in the parish of St. Leonard, Shoreditch—on the 3rd of Dec. I left home about six o'clock in the evening—I left no one at home—I shut the doors, and left the house safe—I returned about twenty minutes before eight o'clock—I found the street door fast, as I had left it—on going into the house I found everything in disorder, and I missed the property described in this indictment—if any one got into the house it must have been by a key—this (looking at it) is my property—the whole of it was safe when I left—on the 19th of Dec., in consequence of a dream I had the preceding night, I went to Mrs. Asher's shop in the Minories, and found my Cashmere dress lying on the counter—Mrs. Asher showed me a satin shawl which I had lost—I went and gave information to the police—I then accompanied Dubois and Holland back to Mrs. Asher's—I saw the same articles which I had seen there before, and the officers took possession of them—I then went with the same officers to Mrs. Davidson's shop in Russell-court, Drury-lane—she showed me a velvet scarf and a dress which were mine, and which I had lost on the 3rd of Dec—the officers took possession of them—she then produced a black silk dress of mine, which the officers took—they are here to-day—we then went to the house of the prisoner Miers, in Harrow-alley, Houndsditch—we saw her there—the officers searched the place—they found a black silk dress there, a worsted shawl, and some fringe—they are all my property—I then went with the officers to Mr. Josephs, in Rosentary-lane—I there discovered a black satin dress, and a blue silk dress—the value of what I lost was about 24l.—what I have found is worth about 12l.
Cross-examined by MR. BALLANTINE. Q. Did you hear what Mrs. Miers said about the articles? A. Yes; she first said she did not know who she bought them of, but she bought them of a man in the lane, she
did not know him by name, or where he lived—she said that several times in answer to questions put by the officers—she said she saw the man daily in the lane.
WILLIAM HOLLAND (police-constable N 146.) I went with Mrs. Ayres on the 19th of Dec. to Mrs. Asher's house in the Minories—I saw Dubois take the Cashmere dress and the satin shawl—from what we heard there, we went to Davidson's, in Russell-court—we got some things there, and from what we there heard, we went back to Asher's and then to Miers's house in Harrow-alley, Houndsditch—we saw Miers there—I produced the property I had found at Asher's and Davidson's on the table—I said to Miers, "This person's house has been opened by skeleton keys, and property stolen; Davidson says you sold her this property, which is part of what was stolen,—where did you get it?"—she said she bought it of a man whom she knew, but did not know his name, nor where he lived—Davidson said to her, "You know you sold them me"—Miers said, "Yes"—I said to Miers, "You are the last person found in possession of the property, I shall be obliged to detain you"—she seemed very much agitated—some time after her husband came home—I told him the same tale about the house being entered by skeleton keys, and property stolen—he said to her, "Tell me who you bought it of"—they looked at each other for some time, and then she said, "I bought it of Ben Harris"—Miers said, "I am an honest man, for God's sake, let us go, and look after Harris, for if he gets scent of it, he will be off"—I said, "You shall have the same facilities that other persons have; you shall go and find Harris"—I said to a City-officer who was there, "Go, and search for him, but don't part with Miers"—they went, and in a few minutes returned with Harris—I said to him, "Is your name Harris?"—he said, "Yes"—I told him to sit down, and I told him the tale, and sh wed him the property on the table—Mrs. Miers said she bought it of him, and gave him 7l. 15s. for it—Harris said, "So help me God, she never did, it is a pretty thing to get me into"—I said, "Sit down, you shall have justice done you"—about half-an-hour Dubois came back, having been to Joseph's and got more property—I then said to Mrs. Miers, "Have you bought other goods of Harris besides those now produced?—she said, "No"—I said, "Are you sure?"—she said, "Yes"—I said, "I must search the house," and we all went up stairs—that was in consequence of something being said about more stolen property being in the house, but I cannot recollect the words—when we were up stairs there was a good deal of shuffling about, and going from one part to the other, and saying, "There is nothing here, and nothing here," and so on—Mrs. Ayres said, "Here is another gown and shawl of mine," she took them off the sofa and gave them to me—she then said, "Look how they are shuffling at that end of the room"—I went there—Mrs. Miers and her husband, and Mrs. Ayres were there—there was a table, the flap of which reached nearly to the floor, and I found under it a bundle—I took it out and said, "What is this?"—Mrs. Miers said, "Nothing"—I said, "Let us look what nothing is"—I found in it a pair of trowsers and a shirt, which Miers said were his—there were some table-cloths, napkins, and other things in the bundle which are not in this indictment—I had Harris below in custody—I brought Mrs. Miers down, and I said to Harris, "We have found a bundle of things under the table; I think it is only justice and fair to you to tell you that Mrs. Miers says she bought them of you along with the other lot of goods"—he said, "She will say anything, the
house is full of stolen goods; if you were to search under the floor you would find stolen goods."
Cross-examined by MR. BALLANTINE. Q. Was not Harris's answer to the last observation you made "She did not?" A. Yes—I searched Harris's house that same night—he lives near Petticoat-lane—I found there a bag, some old hats and clothes—I found no house-breaking implements, or anything suspicious.
WILLIAM DUBOIS (police-sergeant N 14.) I went with Mrs. Ayres and found some things, and then went to Mrs. Miers—Holland said to her, "This lady (pointing to Mrs. Ayres) has had her house broken into by skeleton keys, and she has been robbed of a great quantity of property; some of it has been traced to Mrs. Davidson, and she states she bought it of you, and Mrs. Asher says you sold her some"—Mrs. Miers said, "What property?"—I undid the bundle and showed her the things, and she said, "I did so"—Holland said, "Of whom did you buy this property?"and I put the same question myself, in order to find the name of the party she bought it of—she said it was a man on 'Change, but whom she did not know—she said she could find him next morning on 'Change—I asked her if there had been an appointment made by the party of whom she bought the goods and herself—she said, "No"—I said, "Did he have the goods exposed on his arm"—she said, "No, in a bag"—I said, "Did you buy the whole of the property in the bag?"—she said, "I believe I did"—I said, "What did you give for it?"—she said 7l. 15s.—I then said, "I believe you sold some goods to Mrs. Joseph?"—she said, "I did; I sold her a blue silk dress and a black satin dress"—I went to Mrs. Joseph's, and I received these two articles from her—I stopped at Mrs. Miers till her husband came home, and I heard what was then said—after I had been to Joseph's I ent back to Miers, and found Harris there in custody—he said to me, "Are you the sergeant?"—I said, "Yes"—I told him Mrs. Miers had said she bought the property of him—he said, "Well, then, it was with her own pleasure"—I am sure he said that—he was in a state of great excitement.
Cross-examined by MR. BALLANTINE. Q. Does he not splutter so that you can hardly understand anything he says? A. That was the first time I had seen him—he kept talking all the time, so much so that I could hardly follow him some steps—he did not use the word will as well as pleasure—"Well then it was with her own pleasure," were the words I heard—I was speaking to him, and I said, time after time, "Mrs. Mien says she bought the goods of you," and at last come out, "Well then, it was with her own pleasure"—Mrs. Miers was not present then—there were several males and females and a City officer there—I cannot say whether the officer heard it or not—he and all the persons in the room were near enough to hear it—Harris was standing near the fire-place, and I think the City officer was next to him, but I will not be positive—my attention was afterwards drawn to this expression by a Jew, who was in the room, but of whom I know nothing, he having heard the same answer that I myself did—I think there were only two or three examinations in this case—I was not at the house when Harris was brought in, but he denied it to me—I was at the search of his house—there was nothing found there of a suspicious nature—I have examined Mr. Ayres's house—it must have been entered by skeleton keys.
JOHN BACK (City police-constable, No. 620.) I went with Mrs. Miers's husband to find Harris—I found him coming out of Petticoat-square, and took him—as we were coming along he asked me what was the matter—I told him it was about selling some stolen goods to Mrs. Miers—he told me he knew nothing of it—I heard Dubois tell him that Mrs. Miers said she bought these things of him—he first said she had not, and after that he said, "If she bought them it was at her own pleasure."
Cross-examined by MR. BALLLANTINE. Q. Did he say, "If She had bought them?" A. Yes—he had not seen the articles at that time—I have known him some time—he is a very respectable man, as far as I have always known.
Cross-examined by MR. CLARKSON. Q. Where is this 'Change that is spoken of? is it near Petticoat-lane? A. There are three, all near Petticoat-lane—I have known Mrs. Miers as long as I have known Harris—I am acquainted with the way in which the people buy and sell goods in the street—parties collect who buy goods in all parts of the town, and bring them either in bags or on their arms, and those who bid most for them buy them—perhaps things pass through twenty hands in the course of a morning—I am not aware that any articles of jewellery have been found—Miers's husband was taken before the Magistrate, and he let him go.
MR. DOANE. Q. When do you mean that Harris had not seen the goods? A. When I took him into the house the bundles were on the table.
COURT. Q. What were they tied up in? A. A shawl or handkerchief, which was not a part of the stolen property—they had not been untied—he had not seen the contents.
Cross-examined by MR. CLARKSON. Q. How long have you known her? A. Five or six years—she is married for all I know—I have often dealt with he, and found her an honest, respectable woman—I have dealt with her on 'Change, and exposed the goods I bought of her in my shop window.
Cross-examined by MR. CLARKSON. Q. How long have you known her? A. I have seen her frequently about the lane, and have purchased of her two or three times—I have always found her respectable—her husband is a cigar-maker.
MR. CLARKSON called
MARY ISAACS . I keep a shop in the 'Change. On the 9th of Dec. I saw Harris there, between eleven and twelve o'clock—he had a bag with him, and he offered the things in the bag for sale—he was throwing them out for any person to buy them—they consisted of women's wearing apparel, dresses, shawls, and linen—there was a table-cloth or two—Mrs. Miers came walking up the market, and he offered them to her—I think he asked 8l. or 8l. 10s. for them—I afterwards saw him put the things into the bag, and walk down the lane with them towards Miers's home, and she went with him—I have seen her purchase of him several times before.
MR. DOANE. Q. You do not affect to swear to any of the goods? A. There were two or three of them I think I could swear to—one was a striped satin cardinal cloak—I knew of Mrs. Miers being taken, and I was
ready to be called, but they did not think proper to call me—I communicated to her friends about this, and her attorney knew I could give this evidence.
CLARA ISAACS . I am Mrs. Miers's sister; I live with her, and mind her shop. I was there between twelve and one o'clock on the 9th of Dec.—Harris came to her shop about that time, and she came with him—he brought a bag with him—my sister purchased the contents of it of him for 7l. 15s.—these are part of the articles that were in it—they were turned out of the bag on the counter—they were purchased in the ordinary way in which our people purchase goods when they do not effect a sale on 'Change—my sister had dealt with Harris several times before.
NOT GUILTY .
GUILTY . Aged 26.— Confined Nine Months.
359. WILLIAM FORD was indicted for stealing, on the 5th of Jan., 1 jacket, value 15s.; 1 pair of trowsers, 6s.; 2 handkerchiefs, 3s. 6d.; and 1 bag, 6d.; the goods of Robert Lewis, in a vessel on a navigable canal; to which he pleaded
GUILTY . Aged 15.— Confined Three Months.
360. THOMAS M'NALLEY was indicted for stealing, on the 30th of Dec, 1/4 yard of woollen cloth, value 4s.; 3/4 yard of corduroy, 1s. 6d.; and 3/4 yard of valentia, 1s. 6d.; the goods of George Clements, his master; to which he pleaded
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 18.— Confined Three Months.
MR. CHAMBERS conducted the Prosecution.
THOMAS MITCHELL . I am a boot and shoe maker; I live near the Grand Parade, in Cork. I know the prisoner—I was present at his marriage, n 1819, with Ellen Shea, at the North parish chapel, called St. Mary Shendon, in Cork—it is a Roman Catholic chapel, and they were married according to the rites of the Roman Catholic religion, by the Rev. Peter M'Sweeney, the minister—my father signed the book—I have examined this certificate with the book—it is correct—I saw Ellen Shea here yesterday—(read,—"I hereby certify that it appears by the register of marriages of the parish of St. Mary Shendon, that Edward Roche and Ellen Shea were lawfully married according to the rites of the Roman Catholic Church, on the 23rd of Feb., 1819, by the Rev. Peter M'Sweeney.")
Prisoner. This witness never was there.
Witness. I was, and a cousin of mine—it was at twelve o'clock at night—the prisoner paid for the marriage—I think he was not in a state
of intoxication—he had had his share of drink, but was not drunk—he lived with Ellen Shea for seven years after—my father, Chambers, Shea, and the messenger, were at the wedding, no one else—there was no one belonging to the prisoner there.
Prisoner. My sister was sent there on purpose for me not to be married as I was only nineteen years of age.
ELIZABETH FLACK . I lived ten years and a half fellow-servant with the prisoner in the family of Sir John St. Alban—the prisoner then made proposals of marriage to me—I married him at All Souls church, Maryle-bone, on the 20th of Oct., 1839—I had one child by him—it is sixteen or eighteen months ago since I discovered he was married—I was then keeping the Sun public-house—a woman brought a woman and a man to me—she said she was his wife, and claimed to have possession of the place—I sent for a policeman, and she ran away—the prisoner was ill in bed at the time—I told him of it immediately—he denied it—the woman came again repeatedly, but the prisoner was gone then—he had left me, as I would not live with him after the woman said she wad his wife—before he left, he made over the business to me—he left me and my child—he went to Paris,. or abroad—I think he came back in four or five months—I have reason to believe he was very young when he was first married—I now keep a coffee-shop—both the prisoner and I had money when we married—Sir John St. Alban left me 50l. when he died, and I had a good bit beside.
GUILTY . Aged 45.— Confined Nine Months.
363. JAMES SHARP was indicted for stealing, on the 24th of Dec., 35lbs. weight of fat, value 8s. 9d.; and 37lbs. weight of liver, 7s. 3d.; the goods of Frances Gibbs.—2nd COUNT, stating them to be the goods of Samuel Knightly and others.—3rd COUNT, of the Archbishop of Canterbury.—4th COUNT, of the Ordinary of the Diocese.
FRANCES GIBBS . I live in Holy well-lane, Shoreditch; the prisoner was in my employ for fourteen years, on and off. On the 24th of Dec. the policeman brought me some fat and some liver, which I firmly believe was my property.
Cross-examined by MR. PAYNE. Q. It has been destroyed? A. Yes; it was perishing—the prisoner has a family—I have other persons in my employ—I have not discharged any one since.
HENRY SMITH (police-constable G 44.) I found the fat and liver on the prisoner about half-past eleven o'clock at night on the 24th of Dec.—he was going in a direction from Mrs. Gibbs's stab e—I asked him what he had got—he said it was all right—another officer came up, and I went back to the prisoner's mistress, and produced the property I found on the prisoner.
JURY. Q. Was it in bags? A. Yes, two bags; one had the fat, and the other the liver.
(The prisoner received a good character.)
GUILTY . Aged 34.— Confined Three Months.
WILLIAM HILL . I live at Walworth. On the 28th of Nov. I was going up Toeley-street—I had my watch in my pocket, and either 4s. 6d. or 6s. 6d. in money—a man before me dropped a glove—I said, "Sir, you have dropped your glove"—he turned round and picked it up—I was going on, and he overtook me and spoke to me—I went with him to a public-house in Tooley-street—there were two men at the door, and he said, "God bless me, here are my two sons"—we went in and drank, and staid there an hour and a half—we then went to the Grapes, in Bermondsey-street, and there they gave me some warm ale, and I lost all my senses—I had my watch and my money when I was in Tooley-street; and when I awoke, my watch and money were gone—this is my watch (looking at one)—I did not see the prisoner—there was no woman in the company—it was four o'clock before I went into the public-house.
JOHN NORRIS . I am a pawnbroker. This watch was pawned with me on the evening of the 28th of Nov., between seven and eight o'clock, by the prisoner, for 1l.—she came the next morning, and said she had lost the duplicate, and asked for a declaration—I asked if it was her property—she said "Yes"—I asked where she lived—she said, in Finsbury-street, but she did not know the number—I sent her to see the number—she came back and said it was No. 11—I gave her the declaration, and she came and redeemed the watch before we had notice that it was stolen—I knew her before, and had frequently served her.
JAMES BRANNAN (police-sergeant G 20.) On the evening of the 7th of Dec, between six and seven o'clock, the prisoner was brought to the station in Featherstone-street—she was asked her name and address—she gave her name only—she was told she was charged with receiving a watch which had been stolen—she said she met a sailor whom she knew, and pledged the watch for him—she then said she was in St. Luke's work-house—I said I would go there with her—in going she said, "I got into this by serving my employer"—she was then taken to the station, and said she had met a man whom she knew at Liverpool, and pawned the watch for him, and he gave her two shillings for her trouble.
Prisoner. I saw a person in a wine vaults, who is a merchant in Liverpool; I knew him there; he said he was reduced, and asked me to be kind enough to pledge his watch; I said I would; I went to Mr. Sowerby's, the corner of Finsbury-street, and got 20s. on it, which I gave to the man; the next morning I went and got the declaration; the pawnbroker knows me extremely well, from using the shop for my own property; the watch was not in the same state that it is now when I pawned it.
GUILTY.* Aged 60.— Transported for Seven Years.
365. AILSIA ISAACS was indicted for feloniously receiving, on the 10th of Dec, 36 yards of carpet, value 5l., the g ods of John Hughes Shepherd; and 1601bs weight of leather, value 15l., the goods of William Tunley and others, well knowing the same to have been stolen.
MR. BODKIN conducted the Prosecution.
JOHN HUGHES SHEPHERD . I am a pawnbroker, and live in Plumber's-row, City-road. On the evening of the 10th of Dec, I had three rolls of carpet at my door—they were safe at half-past five, and I missed one of them about seven—I saw it in possession of the officer the next morning—this now produced is it.
EDWARD DAVY HALE . I am in the employ of William Tunley and others. I saw ninety pieces of leather made up in a package, between three and four o'clock in the afternoon of the 10th of Dec.—I gave it to a carman to go by the canal—this now produced is it.
EDWARD BURGESS (police-constable H 198.) On the 10th of Dec. I went with Conway to a house in Raven-row, Spitalfields—the house consists of two rooms above, but none on the ground-floor—I found the prisoner in the lower of the two rooms, and a man named Isaacs, but not her husband, and a woman named Hart—I found this carpet unrolled on the floor, and this leather on a chair—ninety pieces of leather, and thirty six yards of carpet—Conway asked the prisoner where they came from—the said, two young men, with black coats, brought it from a sale—she said her husband went out in the morning and had not returned.
MICHAEL CONWAY (police-constable H 138.) I went with Burgess about a quarter before eight o'clock, on the evening of the 10th of Dec, to where the prisoner lives—I knocked at the door—a man named Ben Isaacs opened it—he is the prisoner's husband's brother—I told him I was going to search the place, as I had been given to understand there was some stolen property—I found this carpet and leather—the prisoner said they came from a sale, and two young men brought it there about an hour before—I asked where her husband was—she said he went out in the morning to a sale and had not returned.
Cross-examined by MR. WILKINS. Q. I believe you have known the prisoner some time? A. Yes, five or six years—I have never heard anything against her—her husband is a dealer, and attends sales.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined Four Months.
ANN LEVY . I am the wife of Abraham Levy, and live in Gloucester-street, Queen-square. The prisoner was in our service on the 30th of Dec.—I sent her to get me change for a 5l. note—she never returned—did not see her till the Friday following.
HENRY FERRETT (City police-constable No. 624.) I took the prisoner on the 3rd of Jan.—she said she was sent with the note, that she gave it to another person to get change, who returned with 1l., and told her to wait for the other four; but she did not come with them, and she had been obliged to spend 1l. for living and clothes.
* MARY ADAMS. I searched the prisoner—I found 1l. 17s. 1 1/2d. on her.
GUILTY . Aged 20.— Confined Four Months.
367. JOHN LUCAS GRIERSON was indicted for stealing, on the 3rd of Jan., 1 coat, value 2l. 15s.; 1 pair of trowsers, 1l. 5s.; 1 waistcoat, 1l.; 5s.; and 1 pair of studs, 5s., the goods of Joseph Charles; to which he pleaded
GUILTY . Aged 17.— Confined Nine Months.
368. JOHN PAYNE and WILLIAM MASLIN were indicted for stealing, on the 4th of Jan., 4 trusses of hay, value 10s.; 30lbs. weight of hay, 1s. 6d.; 2 bushels of split beans and oats mixed, 4s.; and 3 1/2 bushels of oats; the goods of James Tilyer and another, their masters: and that Payne had been before convicted of felony.
WILLIAM ENGLAND (police-constable T 170.) I was watching the prosecutors' premises, on the 4th of Jan.—I saw the two prisoners very busy about a wagon which was going out, and going backwards and forwards from the stable to the wagon—the officer, Mitchell, came up his beat, and the prisoners came to the gate, and watched him away—directly he was gone, Maslin led two horses out in front, and Payne drew the wagon out with one horse—they then hitched the two horses on, and were proceeding on—we stopped the wagon, and found 30lbs. of clover hay on the front of it—my brother officer told me to take the prisoners, and Payne ran away.
WILLIAM DANIEL MITCHELL (police-constable T 167.) I was with England—we were watching Mr. Tilyer's premises—I found five trusses of meadow hay on the top of the straw, on the wagon, and two bushels of split beans and oats mixed, down between the straw.
JAMES TILYER . I am a farmer, and live at Harmondsworth—my brother is in partnership with me—the prisoners were in my employ—they had a right to take one truss of hay with that load—the other four trusses they had no right to, and the clover hay and the beans they had no right to touch—Maslin has only been with me since Michaelmas—he went out with horses every day—he must have known what ought to have been taken.
SPENCER CHADWELL . I produce a certificate of Payne's former conviction, by the name of George Payne—I got it from the clerk of the peace at Aylesbury—(read—Convicted on the 19th of Oct., 4th Vict.)—the prisoner is the man.
PAYNE— GUILTY . Aged 26.— Transported for Seven Years.
MASLIN— GUILTY . Aged 15.—Recommended to mercy by the Prosecutor.
Confined One Month.
369. THOMAS WILLIAMS, SARAH ROE , and WILLIAM NORMAN , were indicted for stealing, on the 31st of Dec, 1 boot, value 2s. 6d.; the goods of Thomas Dousbery: and that Williams had been before convicted of felony.
CHARLES KEEN . I am in the service of Mr. Thomas Dousbery, wbo keeps a shoemaker's shop in Liquorpond-street—I was in his shop on the evening of the 31st of Dec.—I missed a boot from the door-post—I heard a snap—I ran out, and saw Mr. Webb struggling with the prisoner Williams—I saw a boot thrown away by somebody, which was my master's—I looked round, to see where it would drop, and I heard a female say "Nail it, Bill' or Jem.
GEORGE WEBB . I was passing in Liquorpond-street, and I heard Roe say to Norman, "D—n it, look at Jem"—I then saw Williams standing in the shade, with his right hand round the prosecutor's door-post, taking
hold of some boots—he had got one before I got up to him—I stopped him with it, and he threw it away—he slipped from me, but I took a second hold of him, and walked him back to the prosecutor's shop—Roe and Norman followed him to the shop, and then down to the station, and there I identified them.
JAMES WILD (police-constable G 182.) I was on duty from four o'clock till Williams was taken—I saw the three prisoners pass me in conversation, four or five times, and for the last two months Roe and Norman have been in Leather-lane and Liquorpond-street, associating together.
THOMAS WARE (police-constable G 240.) I produce a certificate of Williams's former conviction, which I got at Mr. Clark's office—(read—Convicted on the 21st Oct., 7th Vict., of larceny as servant, confined one year)—the prisoner is the man, and he had been before convicted of felony.
WILLIAMS— GUILTY . Aged 20.— Transported for Seven Years. ROE and NORMAN— NOT GUILTY .
NEW COURT.—Thursday, January 9th, 1845.
Sixth Jury, before Mr. Recorder.
370. JOHN LINES was indicted for stealing, on the 6th of Jan., 1 pair of boots, value 7s. 6d.; and 2 pieces of paper, 1d.; the goods of Thomas Chester, his master; also, for obtaining 30s., by false pretences; to both which he pleaded
GUILTY . Aged 18.— Confined Three Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 16.— Confined Six Months.
GUILTY .— Confined One Month.
NOT GUILTY .
MESSRS. ELLIS and PAYNE conducted the Prosecution.
FRANCIS FARNHAM . I am assistant to Elizabeth Frost, who keeps the Fountain in Great Shire-lane. On the 23rd of Dec. a person came in, who I have no doubt was the prisoner, between two and three o'clock in the morning—he asked for half a quartern of shrub and some warm water—he put down a half-crown—I took it up, and it was bad—I said, "Are you aware this is a bad half-crown?"—he said, "No, I am not"—I took a
hammer and bent it up"—I threw it down on the counter—he did not take it up, and I took it and laid it on a shelf in the bar—the prisoner gave me 3d. in copper—he left after drinking his shrub—in about ten minutei Mrs. Foster came in—she offered me a half-crown—I took it in my hand, and said, "This is a bad one"—I gave it her back, and she went away—in about five minutes I saw the policeman, and the prisoner was then in custody.
Cross-examined by MR. M'MAHON. Q. Are you certain that the person who gave you the half-crown called for the shrub and water? A. Yes—I should think there were about eight other persons there—the prisoner drank his shrub and water and went away—he did not hurry himself—there was no confusion—I thought the prisoner appeared to be in liquor "when he first came, but I did not when the policeman brought him—when he came to me he had a shawl, and a brown Taglioni coat on, he had not when he was before the Magistrate, but I ave no doubt about his being the person.
SAMUEL LEE . I am potman at the Fountain. I remember the morning of the 23rd of Dec. the prisoner came to the house—I saw him put a half-crown down to my master—I thought he had rum or shrub—it was a coloured liquor—Mr. Farnham doubled up the half-crown—I saw it was a bad one, and it was put on the shelf behind the bar—the liquor was paid for in halfpence—the half-crown remained on the shelf till it was given to the policeman.
FRANCES ANN FOSTER . I am the wife of John Foster; we keep a lodging-house in Newcastle-court, Strand. On the 23rd of Dec, at near three o'clock in the morning, the prisoner came, with a female in his company—he asked where I could get some gin, and whether he could have a bed for the night—I said I did not know whether the night-house was open, but I would take his order—he said he would have a quartern of gin—I said he had better have sixpenny worth, as there were two of them—he said no, he would have a quartern—he dropped a half-crown on the floor by his foot—I took the decanter in my hand and the half-crown, and went to the Fountain—the half-crown was refused, and I took it back—I am certain it was the one I took from the prisoner—I had no other money—somebody went back with me from the Fountain, and the prisoner was taken into custody—I bit the half-crown, and gave it to the officer.
Cross-examined. Q. You said you did not know whether you could get the gin, but you would go to the night-house, and every body knew that that was the Fountain? A. Yes.
WILLIAM CARLE (police-constable F 77.) I was on duty in Shire-lane—I went to Mrs. Foster's and took the prisoner—I received this half-crown from Foster, and this other from Mr. Farnham—I found two shillings on the prisoner, and 4d. in copper.
GUILTY . Aged 22.— Confined Six Months.
MESSERS. ELLIS and DOANE conducted the Prosecution. SAMUEL SHEFFIELD. I am a butcher, and live in Bethnal-green-road.
On the 14th of Dec. the prisoner came to my shop about half-past six o'clock in the evening, for a pound and a half of beef-steaks—they came to 6d.—he gave me a half-crown, and I gave him a shilling and two sixpences in change—I put the half-crown in the bowl at my back—the prisoner went away with the steaks—there was no other half-crown in the bowl—about five minutes afterwards my brother called my attention to the half-crown, and I found it was bad—no one had come into the shop between his going out and my finding the half-crown was bad—I marked it, and put it by the side of the bowl—a customer named Johnson came into the shop about an hour afterwards—I had occasion to give her change for a 5s. piece, and by some mistake I gave her the half-crown I had received from the prisoner—it had somehow got into the bowl again—about a quarter past eight that evening the prisoner came again—he asked if I had I any beef-skirt—I said I had not, and he said he would have a pound of sausages—I served him—he gave me a half-crown—I took it up and discovered it to be bad—my brother came into the shop, and I told him to close the door—I should think the prisoner heard me say that, for he asked me what I meant—I told him I would let him know what I meant, for he had been in the sh p before that evening—he said he was a respectable man, he lived in Temple-street, and would I send some one with him to where he lived—I declined that, and said if he was a respectable man! he could have no objection to wait till a policeman came—my shopman came in—he looked at the prisoner and said, "That is the man that gave you the other half-crown"—the prisoner said it was false—I handed the half-crown to my young man, who looked at it and threw it on the counter—the prisoner tried to take it—I took hold of one of his hands, and my brother took hold of the other—the prisoner then tried to get it up with his mouth—I succeeded in getting the half-crown—he struggled very much indeed—my brother went for a constable—the prisoner behaved then very desperately indeed, and committed a violent assault on the young man in the shop—the constable came, and I gave him into custody—I gave the second half-crown to the officer, and after the prisoner was in custody Mrs. Johnson came and returned me the same half-crown I had first taken of the prisoner and marked—I gave it to the officer.
Prisoner. Q. How far is Temple-street from your shop? A. It it two streets off on the other side of the way—it is, perhaps, 300 or 400 yards from my shop—you told me you lived there, and I refused to send—when my brother came into the shop he did not say anything to me—he stood on the same side of the shop that you did, and he was nearest to the door—no one takes money in the shop but I and my brother—my brother called my attention to the first half-crown—he saw me mark it, and put it by the side of the bowl—we both knew it was bad—I cannot say how long it laid by the side of the bowl—I expect the policeman was about half an hour before he came—I do not know that I was impatient—I wanted to get rid of you, certainly—you made a grasp at the half-crown and then tried to take it up with your mouth—I laid hold of one of your hands and my brother of the other—I took up the half-crown as soon as I could.
COURT. Q. Was there any other half-crown there when you gave the first half-crown to Mrs. Johnson in change? A. Yes, there was.
Prisoner. You raised your hand and said, "Now let the b—go, "and you dropped the half-crown; I, being irritated, was going to return the blow, when your shopman rushed upon me and got me down, and then you
picked up the half-crown; I said I would go in one corner, and I stood there quietly, and when I got up Walter, and a man named Montague, who was not examined, came and said, "We will hold the b—;" Montague kept punching me and knocking my head against the place—the publican came in and said, "Don't do that, you are doing wrong I tell you."
Witness. I never heard that—they got him down for some time, and then he begged to be let up, and said he would stand still—they let him get up, and then he struck at my shopman and gave him a dreadful black eye—I did not make any blow at him.
GEORGE SHEFFIELD . I am the brother of Samuel Sheffield. On the 14th of Dec. I was standing in the shop—about half-past six o'clock the prisoner came in for a pound and a half of steak—he gave my brother a half-crown, he put it into the bowl, and gave the prisoner a shilling and two sixpences—he went out of the shop, and in about ten minutes I had occasion to give change—I went to the bowl, and discovered the half-crown was bad—there was no other half-crown there—I called my brother's attention to it, and he said, "I must have taken it of that man who has just gone out"—he marked it—I was sitting in the parlour, and saw the prisoner come I to the shop again about a quarter past eight—I knew him to be the same man—I went out of the parlour and nodded to my brother to signify that the prisoner was the same man—I then walked towards the door in case the prisoner should offer any more bad money—he did so, and I closed the door—my young man was out then, and as soon as he came in I left him in charge of the prisoner, while I went for a policeman—I was at the station with the prisoner, and the policeman gave me the second half-crown to mark it—I was marking it and the prisoner tried to get possession of it—he knocked it and the knife I was marking it with out of my hand—as soon as the young man came back to my shop he asked to look at the second half-crown—my brother gave it him and he said, "Anybody can see this is a bad one"—he chucked it on the counter—the prisoner tried to get hold of it—my brother took one of his hands and I took the other, and then he tried to get it with his mouth.
Prisoner. Q. You went to the station? A. Yes; they asked for the first half-crown—I said I could not find it, it must have been passed away or dropped—I did not tell anybody about any till—I will swear I did not say the till was upset—I said tie bowl—I do not know how it came upset, but I suppose in the struggle—it was kept on the board behind the counter, behind my brother—you were not behind the counter—I will swear the bowl was upset, and it has been several times since.
EDWIN WALTER . I am shopman to Mr. Sheffield. On the evening of the 14th of Dec. the prisoner came into my master's shop at half-past six o'clock, and had a pound and a half of steak—he gave a half-crown, as I supposed—he then went away—I saw him again about twenty minutes after eight o'clock—I had been on an errand, and when I returned to the shop the prisoner was there—I knew him again—my master showed me a half-crown—I said it was bad, and threw it on the counter—the prisoner made a grasp to get possession of it—I ran round the counter to prevent him—in the mean time Mr. Sheffield got hold of him, and he put his mouth down to get it—my master held one of his hands, and Mr. George Sheffield the other—I took him in charge while Mr. George Sheffield went for a policeman—while he was gone the prisoner made a desperate attempt to escape from me—he struck me a violent blow in the eye, which splintered
the bone of the eye—he had been down on the ground before that—he endeavoured to make his escape, and in the struggle he fell—I kept him down for a quarter of an hour or twenty minutes, till Mr. Montague came to assist me—the prisoner had not been quiet before that—I gave the same half-crown to the officer.
Prisoner. Q. What took place? A. You made an attempt to get away—I begged you to be quiet—you tried to throw me down, and in the attempt you fell—you begged of me to allow you to get up, which I did, and the moment I let you up you struck me—you were then behind the block—I was nearer the door than you—the door was not locked nor shut at the time you are speaking of—when I came back from the errand I had been on, the door was shut—it was opened for me to get in, and then shot, but it was open when you gave me the black eye.
FRANCES JOHNSON . I am the wife of Joseph Johnson, a labourer. On the 14th of Dec. I was in Mr. Sheffield's shop, about half-past six o'clock in the evening—I went for a pound and a half of sausages—I offered him a 5s. piece—he gave me two shillings and a half-crown—I put it into my pocket—I had n other half-crown—I went and got my marketing, and found the half-crown was bad—I went and took it back—I am sure the one I gave back was the one I got from Mr. Sheffield—it had not been out of my possession—I had no other.
Prisoner. Q. How was it you discovered it to be bad? A. The baker told me so—I then brought it back to Mr. Sheffield—I did not go to my husband and show it to him—I did not swear before the Magistrate that I went home and gave it to my husband—the Magistrate did not order me to bring my husband—my husband was not there to prove that I brought it home to him.
SAMUEL MONTAGUE . I was at Mr. Sheffield's shop that evening, about half-past six o'clock—I was talking to Mr. Sheffield—the prisoner came in for a pound and a half of beef steaks—he threw on the pewter scale a new half-crown—Mr. Sheffield gave him a shilling and two sixpences in exchange—I was sent for again ahout a quarter past eight o'clock—I saw the prisoner in the shop trying to make his escape—I was sent for to secure him—he struck me a blow in the eye—I had a black eye for a whole week, and he struck me twice in the face with his fist besides.
Prisoner. He was asked by Mr. Powell whether he would come, at his evidence was not taken, but he understood I could prove where I was at six o'clock, and that is the reason of his coming.
Witness. When I was at Worship-street they took the depositions without mine, and Mr. Powell said, "Be at the Old Bailey."
JOHN THOMPSON (police-constable K 396.) I went to Mr. Sheffield's on the 14th of Dec—I saw the prisoner there, and took him into custody, about twenty minutes before nine o'clock—I took him to the station, and found on him three penny pieces—I received a bad half-crown from Walter at the station—the inspector desired me to mark it—I did so, and gave it to George Sheffield to mark—I saw it all the time—before he had an opportunity of marking it the prisoner made a snatch at it—he knocked my three penny pieces down, and the half-crown down too—he fell, and I fell on him, and put my hand on his mouth—I got my foot on the half-crown, Mr. Sheffield picked it up and gave it me—he marked it in my presence.
Prisoner. Q. What sort of a road had we to go to the station; was it
lively or dull? A. Rather dull—you went quietly—you said I found a shilling and three penny pieces on you, but I found no shilling.
EDWIN WANDERER TOWNSEND (police-sergeant K 8.) I was at the station when the prisoner was brought there—I saw Thompson mark a half-crown—he then put it in George Sheffield's hands—the prisoner was behind the officer, and he reached over the officer to get the half-crown—it dropped, and some penny pieces fell on the ground—the prisoner fell apparently on them—a scuffle ensued—I rushed up—the prisoner was on the ground—I took him by the throat, and felt something pass down his throat—he got up and said, "It is gone, "and begged for some water—he became black in the face—there were only two penny pieces found on the floor—he had swallowed one of them in mistake—I took him to the London Hospital, and it passed through him two days afterwards.
Prisoner's Defence. I have subpœnaed some persons who can prove where I was hours previous to the transaction when the first half-crown was given; I know nothing about it; Mr. Potts came to me on the Saturday before; I had a stove to sell, and he wanted one; I asked him home to tea, and to look at it; he ca e; I said, "There is the stove, you can have it for 6s.; "he said, "I will have it;" he took a bit of string from his pocket, and said, "I think it is about the size, but I can't take it now, I have not the money;" I said, "Take it;" he met me on Saturday, the 14th, at the corner of a street, and paid me two half-crowns and two sixpences; I had told my wife to come down, and I would give her 2s. or 3s.; I gave her a half-crown and two sixpences; I then said to her I would go to Mr. Smith's, with whom I dealt for brushes and brooms, and she said, "What shall I get to eat?" I said, "I don't care, don't get anything;" I went to Smith's; he was not at home; I then went to Brown's, and stopped there till about ten minutes to eight o'clock; I then left, and said I would go home; I passed the prosecutor's shop, and thought I could fancy a bit of skirt; he said he had not any; I said, "Well, give me a pound of sausages;" he did, and I gave him the half-crown, being one of those I received from Potts; he was at the office, but was not examined; his evidence was not gone into; he promised me faithfully that he would be here today; to make sure of the other witnesses I have subpoenaed them, and Mr. Smith will prove my character; I have laid out at his establishment 5s. a day or more, and Mr. Field cannot say he has had any information against me; I moved away from all the blackguard neighbourhood that I had lived in, and Mr. Teakle the officer bought brushes and brooms of me, and was pleased to think I had reformed; he and others were surprised that they had not seen me in my old places; this story as to the first half-crown is made up, and it seems strange that it should be marked, provided I had been the person, which I strongly deny; I am innocent of that, and so I am of the second, as to knowing it was bad; the half-crowns that are now in circulation any person might take, being plated with silver; Mr. Potts said he knew he had such a one, and gave it to me in mistake.
Witnesses for the Defence.
hawking brushes and brooms about the street, and bears an honest character as far as I know—I have bought things of him—I think I bought some about a week before that.
GEORGE BRADING . I live in Cambridge-street, Be thnal-green-road. I On the 14th of Dec. I went to Mr. Brown's to have a pint of porter, about I five o'clock in the evening—I saw the prisoner there, and I never missed him till a quarter to eight—I had no occasion to go out, and between five I and a quarter to eight I never missed him—he was drinking with another I person, of whom Mr. Brown has his tobacco—I was drinking by myself—I know the prisoner by his vending brooms about the street—he was never I out of the house to my knowledge till ten minutes or a quarter to eight—I he was not absent long enough to go to Sheffield's—Sheffield's is nearly a quarter of a mile from there—I did not see the prisoner with any steaks that evening—he had none dressed at the house—he had no meat with him.
MR. ELLIS. Q. There was a man drinking with the prisoner? A. Yes—I was about three feet from him—Hands was in conversation with me—Mr. Potts, who is now ill, was there, and several more who came in at the time—I was sitting so close to the prisoner he could not go out without my seeing him—I have no men in my employ—there were not many persons went in and out during the time, with the exception of going out for convenience, but that the prisoner did not do—there was a newspaper there—I was reading that about a quarter of an hour, but my attention was not wholly on the newspaper—I was talking—I had no more than one pint of ale to drink—I know the time, because the clock was opposite me—I noticed it when I went in, or I should not have known the time—this was on Saturday evening—I had been to the warehouse.
COURT. Q. How do you know that Potts is ill? A. I understood ha sent word so by Mr. Brown yesterday, and that he is incapable of coming down—I sat nearest the door—the prisoner must have passed me to go out—I never missed him—he and I were in conversation part of the evening.
JOHN BROWN re-examined. The prisoner was at my house on the 14th of Dec, from five o'clock till about a quarter to eight—I saw him go out at that time—he had been sitting in the last box on the right, and Brading, I think, was in the first box on the left—Brading was nearest the door—the prisoner was sitting in the same box with another man, but I do not know the party—I only know him by coming to my house—I have heard by two or three persons who use my house, that Potts is ill—he is a basket-maker, and lives in Quaker-street—I think he was at my house that night—there were several other persons there—De Vine was there, and I think he was sitting on the left hand side—I cannot say who was with him—he was sitting in the same box with the prisoner, and opposite him—I know the time, because I heard of this some time after eight, and I said, "He was here at such a time; it is a strange thing this should happen so soon."
MR. DOANE. Q. Were they sitting in the parlour? A. The tap-room—I am master of the house—I was in and out of the tap-room all the time, serving my customers—I do not mean to represent that the prisoner never went out between five and eight o'clock, but he was not out above two or three minutes—I do not think he went out above twice—I think Brading was sitting near the door—I think four or five yards from it—the prisoner must have passed by Brading to get out at the door.
COURT. Q. Where did the prisoner go? A. I do not know—I think he had occasion to go out—I had my tea between four and five, before the prisoner came—the prisoner was drinking with one person, whom I saw—I knew the person by sight—I buy my tobacco of a person living in Bethnal-green-road—it was not that person the prisoner was with—I never bought tobacco of him—I do not know that any of the persons there went out—I do not know that De Vine did—my wife gave the prisoner an order for a broom—I never sold him anything except drink—I never had anything to sell him—I have had conversation with De Vine at different times since this, but not about the prisoner, nor what evidence I could give to get him out of his scrape.
SAMUEL DE VINE . I live in Camden-street, Bethnal-green, and am a silk-weaver—I have known the prisoner seven or eight months—he gets his living by selling brushes and brooms—I went to Mr. Brown's house on the 14th of Dec, about ten minutes before five—there were only the prisoner, and his wife, and two men when I went in—I remained there till nine in the evening—the prisoner and his wife went out about ten minutes before eight—they were not out of my sight till then—there were only five persons in the tap-room—the prisoner's back was towards the door—if the prisoner went out, he was not out of my sight more than two or three minutes—I should say he was not out long enough to go to Sheffield's and back—I do not think he went further than down the steps and back again—I do not think his wife went out at all—the prisoner had do meat cooked.
MR. ELLIS. Q. How many more men were there? A. Three besides myself—no more came in or went out—Mr. Brading was there, and Hands, but he is not here—Potts came in, but did not stop—Brading did not go out—he and I were sitting together the whole evening—I think I can be on my oath he did not go out—I called on Potts yesterday, but he was ill—I did not see him—I saw his wife.
Prisoner. Mr. Smith attended at the police-court; he is a very respectable man, and lives two doors from the Court of Requests, Whitechapel;—I arranged it with him to come; he said, "I can only tell the truth"—I said, "That is all I require of you;" he said, "There is all the men that work for me, it is a great hindrance to me to attend;" I said, "If you will come and speak the truth, I will thank you;" he said, "Let me know when," and I was writing a letter to him, and I have part of it here—I said to the turnkey, "Please to send that letter that is on the dining-room table;" he said, "Yes, I will;" I went down this morning, and there I found the letter, but it was purely accidental; the policeman has been to Mr. Smith's place, and knows that he is a respectable man.
GUILTY . of uttering the second half-crown. Aged 25.
Confined Six Months.
coming across towards me, with a Stilton cheese under his arm—he was but a few yards from Mr. Webb's shop—he saw me, and ran into Earl-street—he there dropped the cheese, and I fell over it—I lost him then, but I knew him so well that I knew I could find him, and I took up the cheese—I went to a house in Bell-street, and in the kitchen I saw the prisoner smoking a pipe—I said to him, "Jack, I want you"—he said, "For what?"—I said, "For that cheese"—he said, "I know nothing about it, I have not been out all the evening"—I am sure he is the person.
WILLIAM TWINE . I am shopman to Mr. Conrad Manger Webb. He lives at No. 113, Edgware-road—this is his cheese—I know it by a mark on the ticket in front of the cheese—it had not been sold—I did not see it again till it was at the station—I am sure it is my master's.
Prisoner. It was not me took it at all.
GUILTY.** Aged 15.— Confined Six Months.
WILLIAM LLOYD . I live in Kingsland-road, and am a hatter. This is a hat-body—the brim of it is felt, and the other part is willow—it is mine, and was hanging on a nail at my shop door on the 19th of Dec, about one o'clock—I then went out, and when I came home it was gone—I afterwards saw it in possession of the officer—I know it by the mark inside it.
WILLIAM EDWARD BULL (police-constable N 365.) I was in Kingsland-road on the 19th of December, and I saw the prisoner lurking about Mr. Lloyd's shop—I then lost sight of him, and in coming down Hackney-road I met him with this hat-body in his apron before him—I said, "What have you got?"—he said, "Why a hat?"—I said, "Where did you get it?"—he said, "I just bought it of a man in Hackney-road"—I laid hold of him—he became very violent, and struck me and kicked me.
Prisoner. I was not in Kingsland-road at all; I said I had just bought it of a man; he struck me on the eye with the handcuffs; he was in disguise, and I did not know him.
Witness. I saw him pass the prosecutor's shop—I did not strike him but once—that was after he hit me.
Prisoner's Defence. I was sitting at the George the Fourth between one and two o'clock that afternoon; a young man there called for a pint of porter; I drank with him, and we stopped till between three and four o'clock; he then went out, and came in with a female, and stopped till seven in the evening; he then asked me to walk with him to Shoreditch-church; he left me by the pump; I stopped till he came back, and brought his hat; he told me to mind it while he went to the London Apprentice to get a pint of half-and-half; I was going towards the London Apprentice, and the offioer met me and took me; he used me very ill; the people cried shame on him.
GUILTY.* Aged 23.— Confined Six Months.
St. Albans, and is a corn-chandler—on the 3rd of Jan. I left my horses and cart in Gardner's-lane, Westminster, while I went to a public-house—I desired Richard Jenkins to mind my cart, and told him I would give him a penny when I came back—there was a bundle of hay on the copse of the cart, for the horses to eat—I remained in the public-house about three quarters of an hour—I then went, and met with the officer at a stable door, down a court, and I missed the hay from my cart—I went into the stable, and saw the bundle of hay which I had left on my master's cart—I could swear to it by the band and the tucks in the band—I had not given it to the prisoner.
RICHARD JENKINES . I was set to mind the cart and horses in Gardner's-lane—I did not stand by the horses' heads, because they bite—I stood by the side of them—there was a bundle of hay on some rails on the fore part of the cart, and two boys came and took it off—I did not catch either of them, for I did not know but that the countryman had sent them for it—they went down the lane, and up a court.
JERVISE LEE (police-constable A 60.) About half-past one o'clock, on the 3rd of Jan., I went to the prisoner's house in Gardner's-lane. I saw the prisoner, and went with him to his stable—I saw the bundle of hay there—the prisoner said he would not give it up without he was paid for it—Peters claimed it and knew it by the band—I asked the prisoner how he came by it, and he said he gave two boys 2d. each for it to get a pint of beer—I took the prisoner to the station—he would not give up the key of the stable till it was taken away by foul means—after he was in custody he made an offer to Peters for the hay—there were about 40lbs. weight of it, as near as I can guess.
Cross-examined by MR. HORRY. Q. You were twice before the Magistrate? A. Yes, the first time the prisoner went away on his owe recognizance, and the next time he was admitted to bail—he said he gave the boys 2d. apiece to get some beer.
(William Henry Jones, a bootmaker, and Ruth Jenkins, gave the prisoner a good character.)
GUILTY .—Aged 49.— Confined Three Months.
380. WILLIAM YOUNG was indicted for stealing, on the 3rd of June, 17 shirts, value 6l.; 2l. collars, 10s. 6d.; 4 waistcoats, 3l.; 1 flannel waistcoat, 1s.; 2 cravats, 4s.; 11 pairs of stockings, 10s.; 2 pairs of drawers, 5s.; 15 handkerchiefs, 2l.; 6 petticoats, 12s.; 7 shifts, 14s.; 3 tablecloths, 3l.; 10s.; 12 towels, 12s.; 4 table-napkins, 12s.; 1 quilt, 1l.; 2 sheets, 8s.; 3 pillow-cases, 3s.; 1 night-gown, 2s.; 1 right-cap, 1s.; 1 dressing-gown, 7s.; 6 aprons, 6s.; 1 half-sovereign; 2 half-crowns; and 1 shilling; the property of William Buckmaster: and that he had been before convicted of felony.
WILLIAM BUCKMASTER . I live in Burns'-place, Marylebone—I carry linen from different laundresses to their employers, and from their employers to the laundresses—on the 3rd of June I was employed to fetch some linen—I called at Mr. Oxenham's, in Chester-terrace, Regents-Park, and received the linen from Sophia Ranfield—I went to Robert-street, Hampstead-road, and received a bundle there—I went to Mr. Hawksby, in Berner's-street, and received a bundle there—I put them into a truck, and went to Lnngham-place, and left the truck while I went down the area of a house there to get some more linen—when I came up, my truck
and linen was all gone—I found the truck round the corner opposite the I Church, but all the linen was gone except two small parcels of very little I consequence—when I first saw the prisoner afterwards I recollected hit I features, but I could not tell where I had seen him, till afterwards it I occurred to me that I saw him on the day I lost the linen, standing with I his back to the rails opposite the Church in Langham-place—ho had the same dress on that he has now, and a white apron.
HENRY LANGHAM . 1 am a pawnbroker—I have a table-cloth pawned on the 5th of June, and a handkerchief pawned on the 8th—I took them, I believe, of the prisoner—I believe so from his features and general appearance—I have seen the duplicate of the handkerchief in the officer's hand—it is the one I gave him.
ARTHUR GOLD (police-constable D 199.) I produce a handkerchief which I took from the prisoner's neck on the 81st of Dec.—it has been claimed as a part of the linen sent to he washed—I found the duplicate of this other handkerchief on the prisoner, in searching him, when I took him on another charge, on the 1st of July, the very day four weeks after these things were lost—he had six months' imprisonment then.
HENRY OXENHAM . I am an auctioneer, and live in Oxford-street—I know this handkerchief, which the pawnbroker has produced—I was called to see the prisoner, and I recognized this other handkerchief, which was round his neck, as one of mine—I have another to match it—I sent them both, with a number of other things, to the laundress's, on the 3rd of June, from my father's, at No. 3, Chester-terrace, where I was then staying.
ELIZA PRATT . I live now in Martha-street, I did live at Mr. Hawksby's, in Berner-street On the 3rd of June, I gave this table-cloth, and a number of things in it, to Buckmaster to take to the laundress—they were Mr. Hawksby's property.
Prisoner, The table-cloth I know nothing about; another person might go in the same manner as I did; the handkerchief I pawned belonged to me; I gave 4s. 6d. for it; and I gave 8 1/2d. for the one round my neck.
CHARLES BURGESS GOFF (police-constable L 83.) I produce a certificate of the prisoner's conviction, by the name of Charles Groves, which I got from Mr. Clark's office—(read—Convicted of felony 30th Jan, 6th Vict. and confined two months)—the prisoner is the person.
GUILTY . Aged 19.— Transported for Seven Years.
JAMES M'GOFF (police-constable N 375.) On the 23rd Dec, about twelve o'clock at night, I was in the high road, near Edmonton—I saw Baldwin drive a cart, loaded with cabbages, of Mr. William Walker's, and three horses, up to the door of the Horse and Groom, and stop—in a short time, Castle, who is ostler there, came out of the house, and Baldwin said to him, as he got on the top of the load, "Jack, will you have
some cabbages?"—Castle made some reply, which I did not hear, and at the same time Baldwin commenced throwing cabbages from the top, one at a time, till he had thrown nineteen—Castle placed them carefully against the stable door—Baldwin came down from the top of the load and went towards the door, and as he went in, he said, "Jack, have them boiled against I come back"—I went up to Castle, who stood by the cabbages, and asked him what he was going to do with them—he said he was going to throw them up again—he said, "The carter is inside, I will go to him"—I said, "No, you shall wait till he comes out; did not he throw them down, and you take them up?"—he said, "Yes, it is but a small thing; look over it, and have, a drop of gin, or anything"—I waited till Baldwin came out, and he said he threw them off to put them behind the cart, as the cart bore down—I said that could not be—I took him to the station—he begged very hard to be let off, as it was the first time.
Cross-examined by MR. DOANE. Q. Is this your signature to this deposition? A. Yes—(The deposition, on being read, stated, that the cart was drawn by two horses, and that Baldwin said to Castle, "Jack, will you have a cabbage?")
Q. Did you secure the nineteen cabbages? A. Yes—I put them on the hind part of the cart, and carried them to the station—there were three horses to the cart, not two, as stated in the deposition—I do not affect to tell all the words that passed, when Baldwin was joking about having the cabbages boiled—Baldwin went into the house to get some refreshment—there was another wagon there, but it went away before tbii commenced.
WILLIAM WALKER . I am a farmer and market-gardener—Baldwin was in my employ seven or eight years, on and off—he had no authority to give away my cabbages—I have a salesman at Covent-garden market, employed to sell my goods.
Cross-examined. Q. Has he borne a good character? A. As far ai I know he has—I wished the Magistrate to deal with the case summarily, but he said he could not.
NOT GUILTY .
382. JANE TURNER and MARY ANN RAMPLING were indicted for burglariously breaking and entering the dwelling-house of Gertrude Percy Roper Curzon, about the hour of one in the night of the 18th of Dec., at the parish of St. Marylebone, with intent to steal, and stealing therein, 6 gowns, value 8l.; 3 petticoats, 3s.; 1 pair of stays, 12s.; 1 cape, 1l. 5s.; 3 pairs of shoes, 12s.; 2 candlesticks, 8s.; 2 pairs of snuffers, 4s.; 4 spoons, 12s.; 1 pair of sugar-tongs, 1s. 6d.; 1 tea-pot, 8s.; 3 shifts, 3s.; 11 handkerchiefs, 1l. 2s.; 7 pairs of stockings, 10s.; 1 shawl, 5s.; 1 scarf, 1l.; 1 bed-gown, 1s.; 1 coffee-pot, 9s.; 3 yards of ribbon, 1s.; 1 pair of mittens, 6d.; 2 pairs of cuffs, 7s.; 1 looking-glass, 2s.; 2 pincushions, 2s.; 1 needle-book, 1s.; 1 button-hook, 6d.; 1 tooth-pick, 6d.; 1 seal, 1s.; 1 penknife-case, 1s.; 3 keys, 1s.; 1 box, 1s.; 2 purses, 1s.; and 1 apron, 2s.; her property; and that Turner had been before convicted of felony.
living alone in it. On the night of the 18th of Dec. I secured the house perfectly—I fastened the shutters with the bolts, and the front kitchen door—I locked and placed a table before it—I then went out about half-past ten o'clock, and returned about one, or rather before—I opened the door with a latch-key, and got into the house—I proceeded towards a small room which I call the store-room, and, as I opened the door, I fancied there was a slight push as I opened it—I then went down into the I kitchen—I found the table removed, and the door wide open—I went iuto I the area, and gave an alarm—the policeman came and brought a light I—I then found a bundle tied up in the passage, at the foot of the stairs—the trunks and boxes in the store-room were all in confusion—the constable could not at first find anybody on the premises—there was a square of glass smashed in the front kitchen window, and by that means they got their hand in and pushed down the shutter-bolt, and that would enable a person to get in—I was not quite satisfied as to whether any person was in the house, and I went to the station—I saw what was in the bundles—they were articles of mine, which I had left safe when I went out,
Cross-examined by MR. PRENDERGAST. Q. I believe this is not your I dwelling-house? A. Yes, it is; I have the lease of the house, and I have occupied it ever since I have had it—it was not in the occupation of I any one else—it was to be let furnished—I have no other name but Gertrude Percy Roper Curzon—I do not pronounce it Curzen—the property in the house was mine—the glass was broken just above the bolt that fastened the kitchen window—the shutter was not undone, but forced down sufficiently to let a person in—I fastened the shutter up with a bolt, and it required great force to push it down—it required a small figure to have got in—neither you nor I could have got in there.
COURT. Q. Did it satisfy you that they got in that way? A. Yes.
Cross-examined by MR. DOANE. Q. Did you leave any servant there when you went out at half-past ten o'clock? A. No—I had no servant who could have got in—I had no one in the house with me that day, and no one came, except one of the prisoners, who came about ten minutes before I went out—I accused her of coming and annoying me in my house, and ringing at my door—I told the policeman of it.
CHARLES BENNETT (police-sergeant D 18.) I went to the house, and noticed the kitchen window—the glass was broken, and laid down in the area, and the shutter was down—I am confident a person could get in there, for I put a boy eighteen years old in at the same place—I found the prisoners in a yard adjoining the back yard of the prosecutrix's house—there is a low wall between them—the prisoners were on the premises of a public-house sitting on this bundle, which I produce—it contains some of the articles claimed by the prosecutrix—I took the prisoners through the public-house to the station—this gown dropped from under Turner's shawl at the time I laid hold of her, and raised her from the bundle—nothing was found on Rampling—I found another bundle in the house containing a great number of things all claimed by the prosecutrix—there was this silver toothpick, this seal, and some other things found in Turner's pockets at the station.
MRS. CURZON. I have looked at all these things—they are all mine, and had all been removed from where I left them.
Convicted, 8th of April, 1th Viet.) She is the person—she was imprisoned seven days solitary in Newgate.
(James Dtiffield and James Olding gave Rampling a good character.)
TURNER— GUILTY . Aged 15.— Confined One Year.
RAMPLING— GUILTY . Aged 15.— Confined Six Months.
383. LAWRENCE WRIGHT was indicted for that he, on the 1st of Jan., did make an assault on Joseph John Cornwall, and did stab and wound him on the left temple, with intent to do him some grievous bodily harm.
JOSEPH JOHN CORNIWALL . I am a shoemaker, and live in Ship-alley, Temple-bar. I have employed the prisoner two months, and he lodged in my house—he only occupied part of a bed—my wife did the household work of the room he occupied, and he complained of her going into the room and leaving it wet—on his coming, and speaking to my wife, I ordered him out of the shop, and caught hold of his arm to put him out—he seized me by the collar, and would not go, but he went out at last, and said at he left that he would do for me—on the following morning, the 1st of Jan., I heard he had been into the shop—my little girl said he was gone out—I went up stairs to see if he was gone, and if he had left all right, and just as I got on the top stair I saw him in his room—I said to him, "Young fellow, you made a great piece of work about your room being cleaned; my wife has done it, and made you a good fire, you could take no barm; leave this place this day week"—he laid hold of me, and I of him, and he took a knife, and stabbed me on the temple—I fell down the stain insensible.
Prisoner. Q. What was you doing in coining up to my room? A. To see that my property was safe.
Prisoner. I came home, and found my room wet, which was done repeatedly to give me a worse cold than I had; I went down, and said to your wife, "You ought not to wet my room so late in the evening;" you rose up from your tea, and called me all the most scurrilous names you could invent, and said you would do so and so to me; you seized me by the neck; I had a kettle of water in one hand, and a candle in the other; it was my agreement to work in the shop, and have my tea by the fire-side, but for peace sake I provided coals at my own expense, and had a fire up stairs; you struck me, and I should not have got out of the room but for the exertion of your wife; my candle was knocked into the water which I had; he came up the next morning to drag me out of the room; I told him the night before that I would leave; I bore the greatest abuse on account of my country—he came and pushed at my door; I happened to be preparing my breakfast; he said, "You b——y Irish b——r, I will let you see that I will drag you out of the room; "he laid hold of me by one hand, and I told him to withdraw from the room; I owed him no rent; he struck me with his other hand.
Witness. I did not, I ordered him out of my room repeatedly, and I took his arm to tell him to go out, but he would not, and I let him go—I did not strike him—I believe the water was knocked about the room.
COURT. Q. When you went up and received this wound, did you go with any intent of squabbling with him? A. No—when he made a grasp at me with his hand, then I seized his arm, and then he drew this instrument from behind the tail of his coat, and cut me—it was about half-past
eight o'clock in the morning—he was not at breakfast—he had the table in the room—I did not see the knife—the table was drawn close to the stairs—he stabbed me over the table—he had his hand concealed behind his coat tail—I suppose it was the knife he worked with—he worked in that room, and his knife is missing, and cannot be found.
HENRY MILLS CANNON . I am a bachelor of medicine, and house surgeon at King's College Hospital. On the 1st of Jan., at a quarter before nine o'clock in the morning, Cornwall was brought there—he had a wound on the outer orbit of his left eye, about three quarters of an inch long, and I nearly an inch deep—it had evidently been done with a cutting-instrument, but not with the large breakfast-knife which was produced—I should say a shoemaker's knife would have done it—it was a dangerous I wound, and within one-eighth of an inch of the eye—it went entirely through the temporal muscle, and must have been a violent blow—the I bone was slightly injured—there were symptoms of inflammation, and the prisoner was remanded for that.
CELIA LOVELY . I lodge in the prosecutor's house. I heard the prisoner on the previous evening threaten to do for the prosecutor, and that morning I went to the landing to fetch my pail—I heard the landlord speak to the prisoner—a few words ensued, and the next thing was the landlord fell down into my room covered with blood, and said, "0 my God, I am murdered!"—I opened the window and called the police—he came to himself, and walked down stairs.
Prisoner. Q. Did you not hear a scuffle on the night of the 31st of Dec.? A. I heard the landlord ask you to walk out of the room, and you said you would do for him—he fell down on the landing, and the pressure of his head against my door forced it open—I saw him fall backwards on the stairs—I was against my door, not dressed at the time.
Prisoner's Defence, He came up that morning, and said, "Leave my room;" I said, "No, I owe you no rent;" he seized me by the collar, and made a blow at me; I received it in the side of my neck; he made another blow, and I grasped at the table where part of my working-tools were; I took a tool, called a divider, and struck him; he was wounded, and ran down, and said, "I am murdered, I am struck with a knife;" I was there nearly half an hour before any one came; the policeman than came; I said, "I am amenable to the law;" I gave myself up; I said I would use any instrument in my own defence—I had been ill, and laid up for a hurt I received in the army.
The Prisoner called
ANN CORNIWALL . I am the prosecutor's wife. I recollect the night of the 31st of Dec.—I begged my husband not to put himself in a passion, but I did not intercede about the prisoner not being turned out—the prisoner said I ought to be ashamed of myself for wetting his room—it had not been washed for three weeks before, and another man was coming that night—I was ashamed that he sh uld see it so dirty—there were no blows struck.
GUILTY . Aged 38.— Confined One Year.
Before Mr. Recorder,
ZECHARIAH GOWARD . I am steward to Mrs. Mary Harman. In April last, I lost from her premises a dung-fork, and a hay-fork—these now produced are them, one has a name on it, and the other a mark on the handle.
JAMES WHITE (police-sergeant K 13.) On Monday, the 23rd of Dec., I searched the prisoner's premises in Denrnan's-row, Wood ford, and found these forks placed over some rafters over the stable—they were there as if for use—he keeps two horses in the stahle—he was in custody at the time—I knew them to be his premises—I had been there on the Saturday previous.
Cross-examined by Mr. Doane. Q. Have you known him some time? A. Yes, I believe he has borne a good character—one of his sons has got into bad company, and was in custody on this occasion—the son does not sleep at the house, but has the opportunity of going into the stable—he attends to the horse and cart occasionally. COURT. Q. Did the prisoner attend to the stable also? A. Yes, the things were across the beams—they seemed to have been put up there out of the way, after being used.
HENRY CARTER I am a linen-draper. I have an unoccupied house at Woodford—I live at Woodford, and hold that house as tenant. I heard that some lead had been taken from the building, and went to it with White—it had then been replaced—it was laid down in the gutter which it had been taken from—it had been torn off from the nails—it corresponded exactly with the place, and supplied the deficiency—I have no doubt that it originally formed part of the same gutter.
Cross-examined by MR. DOANE. Q. When did you last see it safe? A. I cannot tell—the house has been unoccupied about a year and a half.
COURT. Q. Did it appear to have been recently severed, or not? A. It appeared fresh.
JAMES WHITE (policeman.) I received information, and went to the prisoner's house with a search-warrant—I found this lead in a shed in the prisoner's yard behind the house, secreted under a quantity of leaves—I went to Mr. Carter's house, in company with another constable, about eleven o'clock, on Thursday night, the 19th of Dec—the door was open—I looked up, and discovered the moonlight shining through the gutter—I got on the roof, and found a quantity of lead missing—it was perfectly fresh done—the boards were quite dry under the lead, and not at all stained with rain—I went again on Monday morning, the 23rd, about daylight—I noticed the edge of the lead, which had every appearance of being fresb removed—Mr. Carter was with me—I applied the lead found
at the prisoner's to the gutter, and it exactly corresponded—it fitted every part—I have not the slightest doubt it came from the gutter, and that also appeared quite fresh—there were two lengths of lead which lapped one under the other, and the nail holes were broken out—it weighs 98lbs.—I also found in the gutter this piece of brown paper, with the name of Hurrell on it—it was doubled up just as if it had fallen out of a man's pocket.
Cross-examined. Q. When you went to search the prisoner's house did you tell him you came to search? A. I told him I came to search for a quantity of lead stolen from Mr. Carter's house, also a quantity of boards—he said I might search, he had nothing of the sort on his premises—I saw my brother officer turn the leaves over, and there was the lead—the prisoner's son was not there—I sent a constable down the road I look for him—I had the son apprehended—the prisoner told me I should find the boards at Cox's, where they were building a shed—I had received information that there was a quantity of lead at the prisoner's house—I told the Magistrate that I had information that the son was seen taking some boards—the son was taken into custody, and discharged.
JOHN TURPIN (policeman.) I found the lead under the leaves—before I left, the son came there—he was then in custody—he said to his father, who was in custody, "What are they going to do with you, you know nothing about it"—the father made no reply. MR. CARTER re-examied 1 have known the prisoner fifteen years, and never heard anything against his character.
NOT GUILTY .
Before Mr. Justice Patteson.
386. ROBERT HOBSON was indicted for embezzling the sum of 1s. 10d., received by him whilst employed in the public service of her Majesty.—2nd Count, for disposing of the same for his own use and benefit, it having been entrusted to him by virtue of his employment.—2 other Counts, varying the manner of stating the charge.
conducted the Prosecution.
MARY CARTER . I am a widow, and live in Marsh-street, Walthamstovr. On Saturday, the 14th of Dec., I posted this letter—(looking at it)—it is directed to "John Carter, seaman on board the Samuel Boddington, captain Knock, master, Calcutta, or elsewhere"—I took it to Mr. Hobson's, the Postmaster, in Marsh-street, about eleven o'clock in the morning, or a little after—I told him I wished to post that letter to Calcutta, and asked him what would be the postage—he told me 1s.—I paid him 1s.—he stamped the letter "Walthamstow" first—I asked him if he was going to do any more to it—he told me he would put "paid 1s." on the top, and did so—I saw him put the letter into a drawer under the counter—I left the house—about ten minutes before twelve his son came to me and told me his father had made a mistake, it must be 10d. more—I paid him 10d.—when I gave the prisoner the letter, I said I wished it sent by the Southampton mail that went off on the 15th, which was the next day, Sunday—about two o'clock the same day, I saw George Holmes, the postman, and made a communication to him—my house is about five minutes' walk from the prisoner's—the letter does not appear to have been opened—I put no
money into it—I have since been with Peak to the prisoner's house—he pointed out a particular drawer to me—that was not the drawer in which I saw the prisoner put the letter.
GEORGE HOLMES . I live in Marsh-street, Walthamstow, and am letter-carrier for that district. On Saturday, the 14th of Dec., my collection was the half-past three o'clock, called the three o'clock—Reeves, another collector, takes the half-past twelve o'clock, and Wilson the half-past eight o'clock in the morning—they are called the eight, twelve, and three o'clock collections—I know Mrs. Carter—on that Saturday I saw her at the Cock public-house, Marsh-street—she spoke to me about a letter she had sent—I did not go to the prisoner that day in consequence of what she said, I went on Monday afternoon, the 16th of December, about five o'clock—he is the letter-receiver at the post-office, Marsh-street—I said to him, "I have an inquiry to make, at the request of a lady, concerning a foreign letter, whether the charge of 1s. 10d. was correct, and whether you sent a boy for the extra 10d. or not"—he said it was quite correct, "I did send a boy, I sent my own son"—he said, "Oh! Mrs. Carter"—I replied, "Yes, Mrs. Carter"—he then showed me a paper stuck on the wall, that I might see that he had charged correctly for the letter—I replied, "Very well"—he requested me to come round the counter to look at it—I said I could see it—I told him the lady seemed very particular, or anxious, to know whether the letter was gone or not, and asked him which collection he sent it by—he replied he sent it by me—I replied, "No, you did not"—he then said, "I sent it at the right. time, by Reeves"—I was about to leave the shop, and he said, "Please to tell the lady that I have added the 10d. on, or else she will think I have been robbing her"—that is all that passed at that time—I carry the letters to Whipp's-cross, in the parish of Walthamstow—I did not have any letter such as is described—when I receive letters and money, the prisoner himself makes the bill, and hands the bill to me with the money—I had no letter on that day addressed to Calcutta—I had made only one collection that day, which was the half-past three, and had no such letter at that time—I delivered at Whipp's-cross all the letters and money I had, to Thomas Cox, the charge-taker—this is the bill I delivered—(looking at it)—there are thirty-four unpaid letters, and fifteen paid letters, 1s. 4d.—there was one 2d. letter—on Monday, the 16th, I did my duty in the same way—I received this bill and the money—there were twenty-four paid letters, 2s.—there was no Calcutta letter—the prisoner puts his paid letters into a drawer under his counter—I have seen him put them there—it wai a drawer peculiarly appropriated for that purpose—I communicated what had passed to Mr. Cox, at Whipp's-cross.
Cross-examined by MR. WALKINS. Q. Mr. Hobson I believe keeps a grocer's shop? A. He does—I have known him keeping that shop about two years—I have known him as a shopkeeper about four years, the time I have been at Walthamstow, but not as a letter-receiver—I should say Saturday is not a more busy day with him than other days—I cannot positively say how many children he has—I have seen seven or eight, perhaps—I do not deliver the letters in Salter's-buildings.
Q. Have you not on more occasions than one brought to him messages from the General Post-office, that he has charged too little on letters? A. Two or three times, to the best of my belief—I have delivered him a surcharge-paper—I had no direct message—(looking at a paper)—I cannot
swear to delivering him that paper in particular—it might come in another man's collection—I delivered him one—I can swear to demanding 3s. 4d.—this is the paper I did deliver—(This paper being read, was dated Oct, 4, 1844, and stated that the receiver had taken 1s. instead of 1s. 10d. on four indian letters, and charged him 3s.4d. for the same)—the prisioner has on several occasions asked me to inquire for him, of other post-masters as to the rate of posta e for foriegn letters.
Q. Have you not noticed at times that Mr. Hobson is a very nervous man? A. I have noticed him as a very passionate man, very easily excited.
Q. All the time you have known him, has he not borne the character of a respectable tradesman? A. I will not answer that question, if you please—I have heard that he has not borne so good a character as he should have done—I have heard frequently of letters being charged 2d. when only 1d. was paid—I say he has not borne the character of a respectable tradesman—I have been a servant in the Post-office seven years last Nov.—Mr. Hobson is a very passionate man—he has been in a passion with me on several occasions.
WALTER ROBINSON SCULTHORPE . I am one of the presidents of the Post-office. In consequence of directions which I received on the 17th of Dec. I went to Walthamstow with Mr. Hill from the Solicitor's office, and Peak the officer—we arrived at Walthamstow about three o'clock, and went to the prisoner's house there—he came in shortly after our arrival—I told him who I was, and asked him whether a letter had been posted there on the Saturday before for Calcutta—he said he recollected there was a letter posted that morning, the 14th—I asked him what time he sent it to London—he said he had sent it by the twelve o'clock despatch—I produced the letter bill of that hour, which I have here, and asked him whether those figures were in his handwriting—he said, "Yes"—I then said, "How could you have sent the paid letter, 1s. 10d., at this hour, there being only nine paid letters, 9d., on the bill?"—that appears on the face of the bill—he said, "Oh, I recollect now, I sent my son back to the party who posted the letter for 10d. more; my son returned with the 10d. too late far the letter to be forwarded to town by the twelve o'clock despatch, but I sent it by the three o'clock despatch"—I had with me the bill for the half-past three o'clock despatch—I turned to it immediately and showed it to him, and asked if the figures were in his handwriting—he said yes they were—seeing there was only fifteen paid letters, 1s. 4d., entered on the bill, he immediately said, "Dear me, I must have sent it without adding the postage"—I said, "I am sure you did not send it to London"—he said, "Can you prove that I did not send it?"—I said, "I can"—he then said, "Oh dear me! I recollect now, I gave it to Holmes the postman, and forgot to put it on the bill; he said, "Oh, I recollect now, I gave him 1s. and half-a-crown, and he gave me 1d. out"—I said, "That would not make it right, for there is 1s. 4d. on the bill, and the 1s. 10d., the postage of this letter, would make it 3s. 2d. there fore he thought to have given you 4d. out"—he then appeared quite confused—while this was going on Peak came into the room, and I asked the prisoner whether he had any objection to be searched—I directed Peak to search the boose—before he returned to the room the prisoner's wife came into the room, and said the letter was found in one of the drawers—the prisoner said, "Oh dear me! I put it there, I now recollect, to take extra care of it"—Peak
then came back to the room with the letter—this is the letter—the prisoner was then taken into custody—(The letter was directed "John Carter seaman, on board the Samuel Boddington, Captain Knock, master, Calcutta, or elsewhere," in red ink was written, "paid 1s. ")
Cross-examined. Q. Had you known the prisioner before? A. No—he appeared nervous—neglect or carelessness would of course be visited with some mark of displeasure from the Post-office—if they were convinced that a man had through negligence omitted to forward letters, the Post-office would be removed.
MR. SOLICITOR-GENERAL. Q. Of course that would depend upon the circumstances of each particular case? A. Of course—the case would be investigated by the Post-office.
MATTHEW PEAK . I am a constable attached to the Post-office. I went on the 17th of Dec. with Mr. Sculthorpe and Mr. Hill to the prisoner's house—Mr. Sculthorpe and the prisoner went into the parlour—I was directed to search the house, and found this letter in a small drawer of a nest of drawers at the back of the counter, not under the counter, but attached to the wall at the back of the counter—there were some nutmegs and other letters in the drawer—the other letters were open, they were addressed to the prisoner—this letter was under three other letten which were addressed to the prisoner—the prisoner's wife was present when I found it—I took it to Mr. Sculthorpe, and gave it to him in the prisoner's presence—I have since pointed out to Mrs. Carter the drawer in which I found this letter—I took the prisoner into custody—he was about saying something, and I said he had better not say anything, because what he did say I must mention again—he said, "I recollect now, the boy brought the 10d. back; it was too late for the twelve o'clock collection"—I told him again I did not wish to hear anything—I do not recollect his saying anything else.
WILLIAM BLOTT . lam a clerk in the Inland-office—the postage of a letter from England to Calcutta depends upon whether "Via Southampton" is written on it—if that is written on it, it is 1s., if not, it is 1s. 10d.
Cross-examined. Q. Can you tell how the servants in the Post-office are appointed? A. By the Postmaster-General—I believe they have written appointments.
(It was here admitted that notice had been given to the prisoner to produce his appointment)
MR. WILKINS called
ARTHUR HUBSON . I am the prisoner's son, and am seventeen yean old next July; I have two brothers and five sisters. I remember being sent by my father to Mrs. Carter's, for 10d.; on Saturday, the 14th of Dec.—I called on her about twenty minutes to one o'clock—I had other places to go to—I got home with the 10d. about three minutes afterwards, about a quarter to one—my father is a grocer and milkman, and sells china, earthenware, and cheese—Saturday is a very busy day, more so than other days.
(Arthur Foulger, son of an oil and colour-merchant, of Waithamstow; Finlay Frazier, nurseryman and florist, Lea-road; Mr. Sorrell, schoolmaster, of Walthamstow; Mr. Benson, schoolmaster; Mr. Prime, wholesale grocer, Bishopsgate-street; Rev. George Collison, tutor at Hackney-college; Rev. Samuel Ranson, classical tutor at Hackney-college; and
the Rev. Hunter Francis Fell, of Cloudesley Parsonage, Islington: gave the prisoner an excellent character.)
GUILTY . on the first Count. Aged 55.—Strongly recommended to mercy consideration of his character and large family.—
Confined One Year.
(There was another indictment against the prisoner for unlawfully detaining, &c, eight newspapers.)
Before Mr. Common Sergeant.
GUILTY . Aged 13.— Confined Two Months.
NOT GUILTY .
GUILTY . Aged 25.— Transported for Seven Years
WILLIAM STANWAY . I am a carman, and live in Angel-lane, Stratford. On the 27th of Dec. I went to bed about seven o'clock—the prisoner slept in the same room——he had been in bed about half an hour—he afterwards got up, came to my bed, and took my breeches—I heard my silver rattle as he took it from my pocket—he took it and went to his own bed again—I was awake, and had not been asleep—after he got into his own bed I again heard the money rattle—he then got up in his bed, and looked towards me—I said, "You seem very restless"—! then awoke an other man who was asleep there, and said, "This man has been robbing me"—the prisoner said, "Do you say that?"—I said, "Yes"—the prisoner said, "There is your money"—I said, "Where?"—he said, "In the bed"—I said, "You took it"—he went to his own bed and got it, and brought it me—it was four half-crowns, four shillings, and a bent sixpence—they were apart from the purse then, but I had had such in my purse—I mentioned the money before it was delivered to me.
Prisoner. I never took any man's money; you said, if I would fetch you the money, you would make it up.
No, there was no making up.
JOHN CLARE . I was sleeping in the same bed with the prosecutor—he awoke me and told me the prisoner had robbed him of 14s. 6d., and told me to get up—the prisoner said, "I know where the money is; I did not take it; will you make it up if I get the money?"—he said, "Yes"—the prisoner went and fetched 14s. 6d. from under his pillow.
Prisoner's Defence. I had occasion to get up, and found something against my foot; I took it up, but I could not see what it was; he got up and said 1 had robbed him; I said, "I did not, I picked up some
money;" he said, "Get it, and I will make it up;" I said, "I did not hide it, nor try to conceal it."
GUILTY . Aged 25.— Confined Four Months.
Prisoner. You said you did not know me.
Witness. I did not see him at first, but when I saw him I knew him—I did not take in the plane, my master did, but I was there, and wrote the duplicate—I have not the least doubt the prisoner is the man.
Prisoner They gave me up, and then they took me to another pawnbroker's shop, and asked if I was the person who offered one there, and they said they thought I was—this young man denied having seen me, and so did his master.
Before Mr. Recorder,
CAROLINE AMELIA . I am a dressmaker, and live at Plumstead-common. On the 17th of Dec. the prisoner came to my house, about half-past twelve o'clock—I bad a dress in the back parlour—she was not in that room to my knowledge—I did not miss it till the evening—about two o'clock I was making her a black cap—she went into the back place, to get some ribbon, and exclaimed that she was frightened, that she saw a man go out at the garden gate—she did not go out then—I said the gate was locked—I looked at it, and it was not locked—about three o'clock she went into the garden, and would then have an opportunity of going into the back room—she left about half-past five—I missed the gown about a quarter of an hour after she went—this now produced is it—it is nearly new, and is worth 2l.—I gave her some tea before she went.
GEORGE MILLER . I am shopman to Mr. Davis, a pawnbroker at Greenwich—this dress was pawned on the 18th of Dec. by the prisoner, in the name of Ann Fell—I did not know him before, but I am certain she is the woman—we live four miles from Plumstead.
JAMES PERRY (police-sergeant) I took the prisoner into custody, in Wellington-street, Woolwich, on the 19th of Dec, about six o'clock in the evening—I asked her if she was at Greenwich last Tuesday night—the said, "No"—I said, "You answer the description of a person who pledged a dress which was stolen from Miss Ross, and offered it to pledge at two shops"—the prosecutrix was walking behind—she wanted to speak to her, which I would not allow—and in going along, she said, "Well, I did
pledge it"—I found 5s. 6d. on her—she is single, but acquainted with a marine, who has not behaved well to her—she has been stopping in unoccupied houses, not wishing to make her distress known—she has lived in respectable situations—she lived with Mr. Miller, a schoolmaster, but she is in such a situation that he would not keep her in his family—I believe her, up to this time, to have been an honest and respectable servant.
GUILTY . Aged 25.—Strongly recommended to mercy by the Jury and Prosecutrix, believing her to be in distress.— Judgment Respited
Before Mr. Common Sergeant.
JOSEPH PALFREMAN . I am a carpenter, and live at Mount-pleasant—I had these planes in an unfinished building where I was at work—I saw them safe about half-past twelve o'clock, on the 1st of January—these now produced are them—I have worked with them, and know them well—one of them has my name on it.
Prisoner. John Brown, a man living at New-cross, gave them to me to pawn. Witness. I have made strict inquiry, and can find no pexson of that name.
GUILTY . Aged 20.— Confined Three Months.
394. ANN NASH was indicted for stealing, on the 24th of Dec, 1 basket, value 3d.; 1lb. weight of raisins, 6d.; 1lb. weight of currants, 6d. 2lbs. weight of sug r, 1s. 6d.; 1lb. weight of candles, 5d.; 5 oz. of tea, 1s.; 1 oz. of spice, 4d.; 4 oz. of lemon-peel, 4d.; 1 oz. of pepper, 3d.; and 2 oz. of mustard, 2 1/2d.; the goods of Thomas Brook.
EDWARD THOMAS PHILLIMORE . I live with Mr. Thomas Brook, grocer. On Christmas-eve the prisoner came into his shop, and I served her with the articles stated—she then asked Mr. Brook to make out a bill, and let me go with them, as they were for a lady in South-street—I had them in a basket, and went there with the prisoner—we opened the gate, and I put the things on the step of the house—the prisoner then felt in her pocket, and said, "I have left my key on your counter, go back for it; "I went back for it, and when I came back the prisoner was gone, and the basket of things too.
Prisoner. I am not guilty; it is the spite of the policeman.
GUILTY . Aged 34.— Confined Four Months.
395. MICHAEL M'MAHON was indicted for stealing, on the 3rd of Jan., 1 plane, value 1s. 6d.; 2 saws, 4s. 6d.; 2 gimlets, 5d.; 1 hammer, 1s.; 1 chisel, 3d.; 4 awls, 3 d.; 1 hone, 6d.; 1 pair of pincers, 1s.; I plough-iron, Ad.; and one basket, 1s.; the goods of Miller Latter: and 2 stocks and bits, 1l. As.; 5 planes, 12s.; 1 plough, 10s.; 3 saws, 4s.; 2 chisels, 2s.; 1 rule, 2s.; and 1 gauge, 1s.; the goods of John Young.
JAMES HASTIE (police-constable R 334.) I stopped the prisoner with these tools on him on the Lewisham-road on the morning of the 3rd of Jan.—I asked him where he was going—he said to seek for employment, that he came from Dartmouth, and the tools were his own.
GUILTY . Aged 26.— Confined Six Months.
396. CHARLES WILCOX was indicted for stealing, on the 1st of Jan., 1 pair of stockings, value 6d.; 1 pair of gloves, 2d.; 4 handkerchiefs, 10d.; 1 belt, 3d.; and 1 bag, 1d.; the goods of Peter Blyton.
PETER BLYTON . I am a baker and am sixteen years old—my father's name is James Blyton, but these are my goods—I bought them myself. I met with the prisoner at a public-house—we began talking about Leicestershire—I wished to enlist for a soldier—the prisoner said he believed I should do for the regiment, and he said if I would go down he would enlist me then—we went down, and I thought he enlisted me—he asked if I was free, able, and willing to be a true and faithful soldier to Queen Victoria—he told me to stay where I was till the next morning at eight o'clock, and he would call for me—he came the next morning, and we drank a pint or two of beer together—I had a bundle containing these articles, and he wanted to persuade me to sell it—I said I would not—we drank a little more—I then went out to get something to eat, and while I was gone he sold my bundle, which contained the articles stated—when I returned he said he had sold it—I asked him where the money was—he said he had spent it.
Prisoner. When I came to the Bee Hive he and I were playing at dominos; he said he wanted money, and if I would buy the bundle of him he would spend the money; I said I could not; I sold it, and he had the money.
Witness. I left my father about twelve months ago—I have been working at my trade, as a baker, for Mr. Cox, of Leicester till a few weeks ago—I then left, and came to look for work—my father lives in Nottinghamshire, and is a carpenter, but not able to work—I went to Woolwich, and found the prisoner at the Bee Hive about seven o'clock in the evening—I had about 1s. then—we drank together—I paid for one pot of beer, which came to 4d.—that was all I paid—I then went to bed, and paid 6d. for my bed—I met him the next morning, and we had a pot or two, for which he paid—I do not know how much he paid—he wanted me to sell my bundle to pay for the drink—I refused, and said I would not sell it—he went out soon after, and then I went out, and saw him in the skittle-alley showing the things to the waiter—I asked him what he did with that—he said he was going to sell it to pay for the beer—I told him to put it by, or take the consequences—I took it, and put it where it was before—I then went to get a pennyworth of bread, and he sold it between eleven and one o'clock. Prisoner. You had not a farthing when I came in the morning, and you stopped with me all that day, and slept that night.
Witness. I slept with him the second night, as I did not know how to I go about giving him in charge.
FREDERICK NOBLE . I bought the bundle of the prisoner—he asked me to buy it—I said, "No"—he kept urging me for half an hour to buy it—when the boy went he took me down into the skittle-ground, and got
this bundle out of the wash-house, and said the boy had it to tell—he said he had enlisted the boy, and if he would not do for their service he would for the Horse Artillery—he wanted 1s. for the bundle—I said I would not give him more than 6d.—he and the boy had been drinking before.
NOT GUILTY .
NOT GUILTY .
Before Mr. Recorder.
398. BENJAMIN BAKER was indicted for stealing, on the 6th of Jan., 3 saws, value 10s.; 2 gauges, 4s. 6d.; 3 files, 6d.; 4 chisels, 3s.; 1 plane, 3s.; 1 stock, 3s.; 5 bits, 1s.; 1 hone, 2s.; 1 chalk line, 3i.; and 1 basket, 2s.; the goods of David Crombie: to which he pleaded
GUILTY . Aged 54.— Confined Nine Months.
Before Mr. Recorder.
EDWARD EAGLING . I am shopman to William Carr, of Beckford-row, Walworth-road. On the 21st of Nov. I had a firkin of butter, which I placed facing the shop, on a sort of bank on the road, just by the pavement—it was to have been sent off by a cart—I saw it safe at six o'clock in the evening—about half-past six I received information from the lad Wood ford, and missed it—it was between six and seven o'clock—I saw a cart opposite, with a firkin of butter in it—I do not know whose cart it was—I tried to get up at the back of the cart, and received a blow either by a stick or whip—I could see the person who struck me—it was not the prisoner—I was shaken off from the cart—it was a very foggy night—I did not see more than one person in the cart—the butter was worth 1l.
Cross-examined by MR. WILKINS. Q. How far from the door was the firkin? A. About three yards, facing the shop.
JOHN CHARLES WOODFORD . I am errand-boy to Mr. Lyon, of No. 23, Beckford-row. On the evening of the 21st of Nov. I was standing at my master's door—it was very foggy—I had noticed the prisoner near my master's shop, which is next door but one to the prosecutor's—I was watching my master's goods—there were two bales, which had come from the City that afternoon—I saw the prisoner come up, and shake the top bale, and go away—I told my master, who came out, and the things were taken into the shop—in about two minutes I saw the prisoner walk up to the side of a cart, which was driven by another man—the prisoner looked round, and something was said between them which I could not hear—the prisoner said something to the man in the cart—I could not hear what it was—I think it was the prisoner that spoke—the man in the cart drove to the opposite side of the way—the fog was so great I could not see him then—in about a minute or two afterwards I saw the prisoner look round, and he took up one of the firkins of butter belonging to Mr. Carr, which laid
on the edge of the pavement, on the bunk, and carried it to the opposite side of the way, in the direction where the cart was—I instantly went and told Mr. Carr's man, and went with him to the opposite side of the way—I saw the butter in the cart—Mr. Carr's man tried to get up behind, but the man in the cart whipped the horse terribly, and the horse ran towards Camberwell at full speed—the fog was so great that the cart got away—I did not see what became of the prisoner—it was very foggy, but there was a great light from our shop and the baker's when I saw this—there were four shops which threw a strong light there—there was light sufficient to observe the person, and I am sure it was the prisoner.
Cross-examined. Q. Had you ever seen him before? A. Yes, in St. George's-road, Elephant and Castle—I have seen him often there, selling fruit—my master's package was outside the door, but near it—any person standing at the door could see me—the package contained hosiery—I do not know that the prisoner is sometimes employed as a porter—I could not be certain that the prisoner spoke to the man in the cart first—I did not see the man in the cart pointing to anything—it was about half-past six o'clock—I did not see the firkin put into the cart—the cart stood on one side of the road and the firkin on the other—the cart remained about a minute after it was put in—Carr's man tried to get up behind the cart—I did not see any one beat him—I saw the prisoner at the station about a month after—I had not seen him selling fruit during that month.
RICHARD PROSSER (policeman.) I apprehended the prisoner on the 19th of Dec, about ten o'clock, at the back of the London-road, near St. George's-road—I saw him coming outside a door, and when he saw me he ran off, down different back streets—I followed him—I saw a constable coming towards him, and called to him to stop him, which he did, and I took him into custody—I had not spoken to him—he ran away on seeing me—he fell down in the London-road and got up again—I knew him before—I am the officer on that beat.
GUILTY . Aged 35.— Transported for Seven Years.
Before Mr. Common Sergeant.
HENRY JOHN LORD . I am a boot and shoemaker. I live in Grange-road, in the parish of St. Mary Magdalene, Bermondsey. These boots and shoes were placed on a show-board in my shop-window—I saw them safe at three o'clock in the afternoon, on the 25th of Dec.—my shop was shut and locked at that time, and I went out to spend the day—I came home at half-past eleven o'clock—the door was then on the latch, not locked—there were no marks of violence—the door had been apparently opened with a key—I am sure it was locked when I left home—I saw a glass bottle standing on the cutting-board, as if a person had brought a light and put into it—the boots and shoes produced are all mine—I do not know the prisoner.
Cross-examined by MR. PAYNE, Q. You speak to the property, and to leaving the place safe at three o'clock? A. Yes—I know these boots and shoes by the make of them—I cut them out and made them myself, except three pairs of gentleman's slippers—I am quite sure I locked my door, and had my key in my pocket—when I entered the house at three
o'clock in the afternoon I left the key in the door till I went out—I then locked the door, tried it, and put the key into my pocket.
ROBERT BRANNAN (police-constable M 101.) I found these goods on the prisoner, in Staple-street, near Long-lane, in the Borough, about eight o'clock in the evening, on the 25th of Dec.—I asked her what she had got under her cloak—she said, shoes which she had brought from home—I asked her what sort—she said men's—I asked her how many—she said she did not know.
Cross-examined. Q. She was not alone, was she? A. There was one female who went away—my attention was called to the prisoner by Moy—I did not see any man with her.
JOHN MOY (police-constable M 207.) I was on duty on Christmas-day, and saw the prisoner in company with a female and a man, passing from the direction of the Grange-road up to the neighbourhood of Kent-street—I called my brother officer, and we followed the prisoner and took her—I heard my brother officer question her—she said she had got some boots and shoes, which she brought from her own home.
Cross-examined. Q. I believe she was committed for receiving the goods? A. No—I will swear she was not committed for receiving the boots and shoes—I have not seen the calendar—a question was put by the chief clerk to Mr. Trail, to know whether she was to be indicted for burglary, or breaking and entering, and he said, for breaking and entering, which satisfied me that it was not receiving.
NOT GUILTY .
GUILTY . Aged 21.—Recommended to mercy by the prosecutor, who stated he had lost 60l. by the prisoner since June last. Confined Nine Months.
402. JAMES KING and JAMES WHITE were indicted for stealing, on the 26th of Dec, 1 needle-case, value 4d.; 1 half-crown, 2 shillings, and 2 sixpences, the property of Wellington James Steele, from the person of Martha Steele; and that King had been before convicted of felony.
MR. SIMON conducted the Protecution.
MARTHA STEELE . I am the wife of Wellington James Steele—I was at the Surrey Theatre on the evening of the 26th of Dec.; and between nine and ten o'clock I went into a public-house adjoining the theatre, which is called the Surrey Coal Hole—I had in my poc et a needle-case, with 5s. 6d. in it—amongst which was a half-crown—I had felt in my pocket a few minutes before, and found the needle-case there safe—I did not take notice who was there—the waiter told me something—I searched my pocket, and my needle-case was gone—I have not seen it since—it was about as long as my finger—a clenched hand would inclose it entirely.
JOHN CLEMENTSON . I am waiter at the Surrey Coal Hole. On the evening of the 26th of Dec. Mrs. Steele came into our house—there were several persons in front of the bar—the two prisoners were there together—I
know them by seeing them there before, but I did Dot know their names—they were drinking a glass of grog—I saw King walk towards the door where Mrs. Steele was—he stood a few minutes, and put his hand into her pocket—he drew his hand out clenched, and put it into his own trowsers' pocket—I tried to collar him, and in doing so White took me by the collar unawares, and pulled me away—they both ran away—I am quite certain these are the parties.
GEORGE SAUL (police-constable R 41.) I produce a certificate of King's former conviction, which I got from Mr. Clark's office—(read—Convicted on the 31st of Jan., 5th Vict., of larceny from the person)—the prisoner is the man—he had six months.
KING— GUILTY . Aged 20.— Transported for Ten Years.
WHITE— GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 63.— Confined One Year.
404. JOHN ARSON was indicted for stealing, on the 19th of Dec, 1 sheet, value 3s.; 2 shifts, 2s.; 3 bed-gowns, 2s. 6d.; and 1 duster, 6d.; the goods of Sarah Hickenbotham; and that he had been before convicted of felony.
MR. SIMON conducted the Prosecution.
CHARLOTTE AMELIA KEITH . I am servant to Mrs. Sarah Hicken-botham—she is a widow, and lives at East Dulwich. On the 19th of Dec. she had the articles stated hanging on a line in the garden—I saw them safe about four o'clock in the afternoon, and after that they were missed—these now produced are them.
SAMUEL WRIGHT (police-constable P 172.) I was on duty in the Land-roost-road, and met the prisoner with these things in a bundle—I challenged him about it, and he said he had picked it up—I asked him what it contained, and he said, "Look and see"—I took it from under his arm, and he tried to run away—I secured him, and took him to the station—in going along he said, "You have got me to rights" meaning I had found him with the property on him—he was about half a mile from the prosecutrix's house when I stopped him—these things have been identified—they have the prosecutrix's marks on them.
Prisoner's Defence. I was coming across the hill, and had a dog with me; I jumped down into a ditch after him, and kicked among some leaves, and found the bundle.
JOHN MORGAN (police-constable P 211.) I produce a certificate of the prisoner's conviction, which I got from Mr. Clark's office—(read—Convicted on the 5th Feb., 1th Vict., of larceny)—the prisoner is the person—he had six months.
GUILTY . Aged 17.— Transported for Seven Years.
ALEXANDER M'LACHLAN . I am a coppersmith. The prisoner was in my service, and was employed about a steam-boiler on the 2nd of Jan.—on Saturday last I missed a metal cock and a screw-nut—these are them—I am able to say that they are mine—this cock was made on purpose for me, it was attached to that work, and it was the only one that was attached to it—it has been damaged since—it was taken from the factory—I went to my founders, and saw it, and knew it.
Prisoner. There was a smith with another man and I at work at this factory; the smith was taking these old things, and bringing them out of the cellar, where they bad lain ever since there was a fire, about twelve months ago; the smith said, "Here is a few old things will get us a drop of beer;" he said, "Where could we sell them?" I said I could sell them if I had them at home; I took them to Mr. Glasscott's, and sold them.
NOT GUILTY .
406. JOSEPH ASHELFORD was indicted for feloniously breaking and entering the dwelling-house of Henry Court, on the 21st of Dec., at Camberwell, and stealing therein 1 jacket, value 1l.; 1 waistcoat, 5s.; and 1 pocket-book, 6d.; the goods of Samuel Court; and 3 coats, 4l.; 1 waistcoat, 3s.; 5 pairs of trow sera, 2l.; 2 handkerchiefs, 1s.; and 1 pair of gloves, 6d.; the goods of the said Henry Court; and that he had been before convicted of felony.
HENRY COUNT . I live at Peckhara, in the parish of St. Giles, Camberwell. On the 21st of Dec. I had this waistcoat, and other things, safe in my bedroom—I left my house a few minutes after nine o'clock that morning—the house was secure—the front door was on the latch, which opened with a key—it was not locked—I went out at the back door—I returned at nine in the evening—I then found a writing-desk in the parlour, broken open, and two pairs of snuffers appeared to have been used in breaking it open—the papers which had been in the desk were lying about—I went up stairs, and missed out of the drawer the coats and other articles stated—the house must have been opened with a key—these are the articles I missed—I can swear to them—most of them have the names on them.
SUSAN ADAMS . I went to the prosecutor's house at four o'clock that afternoon, to shut it up—I went in at the back door with a key which opened it—I then shut the house up—everything appeared to be right at that time—I am quite sure I shut the house up again—the windows were shut, and the doors all fastened—about eight o'clock I received some information from master Samuel, the prosecutor's son—I went to the house, and found the front door open, the desk broken, and the coats and other things gone. WILLIAM HUMPHREYS (police-constable M 47.) I was on duty about eight o'clock that evening, and met the prisoner, about a mile and a half from the prosecutor's, carrying a large bundle, coming in a direction from the prosecutor's—I asked him where he was going with the bundle—he
said he had got it to carry for somebody—I laid hold of him—he dropped the bundle, slipped from me, and ran away—I ran about 100 yards and caught him—I asked him what the bundle contained—he said he should tell my superiors.
Prisoner. Q. Did I not tell you I brought it from Greenwich? A. No—you told me you had got it to carry, and then at the station you said you picked it up.
Prisoner's Defence. On that day I had been to Greenwich till three o'clock in the afternoon; I was returning home, and near the Green Man I picked up this bundle; I was proceeding along with it, when the officer took me; there were no housebreaking instruments found on me; I am utterly ignorant where the prosecutor's place is, and am innocent of breaking into it; I can prove who it was broke open the house.
THOMAS WATKINS (police-constable M 18.) I produce a certificate of the prisoner's former conviction, which I got from the clerk of the peace of Surrey—(read—Convicted 5th Feb., 7th Vict., and imprisoned six months)—the prisoner is the man. GUILTY . Aged 30.— Transported for Ten Years.
GUILTY . Aged 13.— Transported for Seven Years .—Isle of Wight.
MR. BALDWIN conducted the Prosecution.
(The prisoner being a foreigner, had the evidence interpreted to him.)
ELIZA WILLIAMS . I am single, and live with my sister, at No. 197, Upper Stamford-street, Blackfriars—the prisoner lodged in my house for ten weeks—he was there on the 9th of Dec.—I had a gold watch and chain safe up stairs, at eight o'clock that morning—I missed them about two hours afterwards, and the prisoner was then gone out—in the interval between my seeing them safe and missing them the prisoner had gone up stairs to finish dressing—these now produced are the articles.
Prisoner. It was not me. Witness. I am quite sure he was the roan—I had some discussion with him about the amount—I know it was him.
Prisoner. I have not done the theft; he makes a mistake.
GUILTY . Aged 37.— Confined Nine Months.
Before Mr. Recorder.
BROWN pleaded GUILTY . Aged 46.— Confined One Year.
MR. DOANE conducted the Prosecution.
evening of the 27th of Dec, about eight o'clock, the two prisoners came into my house—Brown asked for a glass of gin—it came to 2d.—he gave me a half-crown—I found it was bad—I said it was decidedly a bad one—put it on the counter, and Brown bent it with his thumb—he said he had taken it at some public-house—he then paid with a good shilling, and I my bar-maid gave him the change—Brown put the half-crown into his I pocket—Eaton said Brown was tipsy, and did not know what hi was doing.
MARY PINNER . I am a widow, and live in Russell-street, Lambeth. I was at Mr. Smith's when the two prisoners were there—I heard some I discussion about the payment—the prisoners left the shop, and I followed I them—I lost sight of them for about twenty minutes—I then saw Eaton I in front of Mr. Oreenslade's eating-house—I went into the shop and I spoke to Mr. Wright—I afterwards fetched an officer. HENRY WRIGHT. I am shopman to Mr. Greenslade, who keeps an I eating-house at. Dockhead. On the 27th of Dec., from a quarter to I twenty minutes past eight o'clock, Brown came into the shop—I served I him with 4d. worth of meat—he gave me a bad half-crown—I told him it I was bad—he said he was not aware of it, and he paid me with a good I sixpence—I chopped the half-crown, and nailed it on the counter—Brown went away—Mrs. Pinner came in, and in about a quarter of an hour after the officer came and took the half-crown off the counter which Brown had passed.
GEORGE RADFORD (police-constable M 208.) Mrs. Pinner came to me and pointed out the two prisoners, who were then together—I folowed them nearly half a mile—they stopped at five different places—at the last place I got near enough to hear Eaton say, "Money," and after that I heard him say, "I have one left"—I followed them a little further—I then saw another officer, and we took them.
JAMES LASCOMBE (police-constable M 336.) I took Eaton into custody—he put both his hands into his pockets, and drew his left hand out of his pocket, and dropped this half-crown (producing it) on the ground—I picked it up—he said, "That half-crown did not come out of my pocket," but it did come out—I found 23s. 6d. on him in silver—there was no half-crown amongst it, and 4s. 8 1/2d. in copper.
Eaton. I asked the man at the cook-shop to give me half-a-crown for half-a-crown's worth of coppers; he said, 'I Give me small change, "and he gave me a half-crown for 2s. 6d.; I had no other half-crown about me; I was rather fresh, and did not know what I was doing.
HENERY WRIGHT re-examined. I did not—the bar-maid gave a man half-a-crown for 2s. 6d. at the time Brown was in the shop—I saw her take the half-crown from the till—the bar-maid is not here—I cannot say whether the half-crown Eaton dropped is the one the bar-maid gave to the man—I cannot say whether I had seen Eaton in the course of that day—there was no transaction in which I could have taken a half-crown from him that day—I had not seen Brown at all before that day—I told the, Magistrate at Union-hall that the bar-maid gave a man half-a-crown for small change, but I said I could not swear to the man.
MR. JOHN FIELD . I am inspector of coin to the Mint. These half-crowns are both counterfeit, and both cast in the same mould—they are done by the new mode of silvering—the whole that you see on the surface is silver, but the basis of the coin is Britannia metal as before, and they are cast in the same way.
COURT to John Smith. Q. Is the half-crown found on Eaton the same that Brown attempted to pass at your house? A. I cannot say—I put that one to my teeth, and here is a mark of teeth on this—that one was bent, and this, is a little bent.
EATON— GUILTY . Aged 38.— Confined One Year.
MR. ELLIS conducted the Prosecution.
EMMA WINTON . I live with my uncle, Henry Luke Winton, who keeps the Crown public-house, in High-street, Borough. On the Saturday before Christmas-day the prisoner came there, about ten minutes after two o'clock in the afternoon, for half a quartern of gin—I served her—it came to 2d.—she gave me a half-crown—I gave her the change, and she went out—the half-crown laid on the counter till Robert Nicholson came in, and he said it was a bad one—I saw it till he took it and said it was bad—he wrapped it in a piece of paper, and gave it to me—I showed it to Henry Luke Winton, and he gave it to Henry Winton, who gave it to me again—I put it into my pocket—I gave it again to Henry Luke Winton, and he gave it to the constable.
Prisoner. I never was in the house at all.
AMELIA RANDALL . My brother-in-law, Mr. Yearwood, keeps the Dun Horse, nearly opposite to Mr. Winton's. On the 21st of Dec, a little after four o'clock in the afternoon, I saw the prisoner in front of the bar—she wanted half a quartern of gin, which came to 2d.—she offered me in payment a shilling—I thought it was a bad one, and I gave it to Mr. Yearwood—the prisoner was taken into custody.
HENRY YEARWOOD . I was in my bar-parlour when the prisoner called for half a quartern of gin—Randall called me, and said, "This is a bad shilling"—I went round, and asked the prisoner where she got it—she made some reply—I said, "I think you knew it was bad"—I sent for the constable, and gave her in charge.
BENJAMIN PARSON (police-constable M 107.) I took the prisoner—I found on her 6d. in silver, and 8 1/2d. in copper—I received this shilling from Mr. Yearwood, and this half-crown from Mr. Winton. Mr. John Field. These are both counterfeit.
Prisoner's Defence. I was not in the house where the half-crown was passed at all—I get my living by hawking, and I took the shilling while I was out.
GUILTY. Aged 29— Confined One Month.
ADJOURNED TO THE 3RD OF FEBRYARY, 1845.