CENTRAL CRIMINAL COURT.
FOURTH SESSION, HELD FEBRUARY 3RD, 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, February 3rd, 1845, and following Days.
Before the Right Honourable MICHAEL GIBBS , LORD MAYOR the City of London; Sir James Parke, Knight, one of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Cresswell Cresswell, Knt., one of the Justices of Her Majesty's Court of Common Pleas: William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; and Sir John Pirie, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; John Johnson, Esq.; Sir George Carroll, Knt.; John Musgrove, Esq., and William Hughes Hughes, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
GIBBS, MAYOR. FOURTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two start (**) 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, February 3rd, 1845.
First Jury, before Mr. Recorder.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
THOMAS ROGERS . I live at No. 19, Gloucester-terrace, New-road, Mile-end Old-town; I am not in any business except as a bill-broker, I have known the prisoner fourteen or fifteen years—I am well acquainted with his father, Reuben Hunt, and his elder brother, Reuben Hunt, Jun.—they carried on business, as millwrights, at Bone-end, Woburn, near Bea-consfield—the prisoner succeeded to the business in May, 1840—I have lent him money at various times since May, 1840, down to Sept., 1843, I think—he has never repaid me—I have never received a coin of him in my life—(looking at several documents produced by Mr. Walters)—the four checks produced are signed by me, and were advances to the prisoner as loans—they are for 29l., 10l., 5l., and 1l. 10s.—they have been returned from my bankers as paid—I have advanced him other sums—this bill for 249l. 7s., dated the 1st of Feb., 1887, is drawn by the prisoner on his brother Reuben, and endorsed by the prisoner to his father, and paid by the father to me—it was noted—I have another bill for 33l., dated the 18th of Jan., 1842, drawn by the prisoner on his brother—I discounted that for the prisoner—this I O U for 5l. is the prisoner's handwriting, and is dated the 4th of July, 1842—besides these I have lent him petty cash under 10l., sometimes 5s., sometimes a sovereign—I received this letter, dated the 14th of May, 1843—it is the prisoner's writing—the signature to this of the 28th of May, 1842, is also his writing—I received this letter, dated the 29th of Oct., 1843, from the prisoner—it is his writing—the prisoner's father paid me the bill for 249l. 7s.—it was not an advance to the prisoner, but to the father—I simply required the prisoner's nume to it, knowing they had
changed the property—(looking at an I O U for 1739l. 10s.) this is dated the 19th of July, 1843—the body is in the prisoner's handwriting, and I have no doubt the signature "Thomas Rogers" is his writing also—it is not my signature—I never wrote it, and no man in the world holds such a document of mine—I never authorised the prisoner or anybody to sign it—in my opinion it is the prisoner's feigned writing—(looking at an I O U for 400l.)—the body of this is the prisoner's handwriting—the signature "Thomas Rogers" was not written by me, nor by my authority—it is my impression it is the feigned handwriting of the prisoner—it is dated the 6th of Oct., 1840—part of the M and O is a fair simulation of my writing, but the other is not—(looking at three bills of exchange, two for 50l. each, and one for 165l.) the endorsement "Thomas Rogers" on these is not my writing—I never authorised the prisoner or anybody to sign it for me—(looking at a letter, dated the 24th of Sept., 1843,) part of this, and the signature, is my writing, but the word "see" has been altered into "pay," and here is the appearance of an erasure and different-coloured ink—I swear that when I sent it, the word here was "see," instead of "pay," and my original writing is coloured with other ink, to make it appear alike—I never owed the prisoner a copper—this letter, dated the 4th of Aug., 1843, is the one to which the last is an answer—it is the prisoner's writing—I first heard of this demand of the prisoner on the 26th of Feb., 1844—I received an attorney's letter, which I put into the hands of Messrs. Cranch and Co, my solicitors—this writ, dated the 27th of Feb., was served on me, to the best of my recollection, on the 28th, and is for 500l. 11s. 4d.—I put all the papers into my attornies' hands, to defend the action—it came on on the 30th of March, at Kingston, before Lord Denman, on the last day of the assizes, about two o'clock.
Cross-examined by MR. HUMFREY. Q. How long have you resided in Gloucester-terrace? A. Eleven years next June, I believe—I was a bankrupt in 1838—I believe it was a person named Morris Myers made me a bankrupt—it was a friendly commission—the whole I owed in reality was about 212l.—the amount I applied to be discharged from was about 3000l.—I was advised to become a bankrupt—I had enough to pay my debts in full, and 20,000l. left—I had no difficulty in paying my debts—I intended to do so—when I came up to be examined I did not propose to pay 20s. in the pound; I disclosed property that would pay it, most decidedly.
Q. What, at first? A. Yes, at first and last too, I disclosed enough to pay 50s.—I was in Newgate at last.
Q. Then, what was the difficulty; I should have thought they would have been glad to accept it? A. There was 2000l. in the Court of Chancery—I proposed to pay the 3000l. in full when I came out of Newgate—I had no creditors but the holders of these bills, and they were friendly ones—I told the Commissioners I had property to pay 20s.—I said I was robbed of 12,000l. in sovereigns, and stated the truth—that was besides the 20,000l., and I had more than that.
Q. Then what was the difficulty, how came you to get into Newgate? A. I had a suit in Chancery which annoyed me for nearly nine years, and was advised to get rid of it by becoming a bankrupt, which I did—I knew my property would pay my debts before I went to Newgate—I made no proposition to pay, knowing the Court had an account which would pay it.
Q. What assets did you disclose before you went to Newgate; remember, we have the proceedings? A. A number of houses—I had nearly 2000l. in the Court of Chancery, I believe, forty leasehold houses, and a large paper-mill at Chippenham—I was sent to Newgate for not answering questions, and not giving satisfactory answers—I had lost the 12,000l.—there were several questions I would not answer, and some I answered were not satisfactory—it was not about the 12,000l. that I was sent to Newgate—that might be one of the questions I was committed for not answering satisfactorily—it was one—I paid my creditors twenty-seven or twenty-eight days after I was committed to Newgate—the commission was then superseded, and I got out of Newgate—I did not find the 12,000l. again—I regret that that transaction occurred—though I have been nearly thirty years in the commercial world, I never did a transaction before that I regretted—I was concerned in a paper-mill at Abber-field, in 1826—it was burnt down in 1829, or 1830—I got about 2000l. from the insurance office, and I lost about 4000l.—my wife's father's name is Charles Batten, he had a mill at South Morton—I was responsible for the rent for the whole term, and paid for the whole—that was burnt down to my loss—I forget when it was burnt—it was of no importance to me—I was bound for the rent, that was all—I had the rent to pay for three years, and was not insured 1d.—I believe it was burnt down in 1839, or 1840—I had no insurance on it—I do not know what Batten had—I understood from him he had insured 150l. or 250l. on it, but I had no interest in it—he owed me 1500l.—I made him a bankrupt, and never got 1d.—I did not touch the 250l.—the assignee got it, I believe—he got 100 and odd pounds—his name was Pym—I had a mortgage of 1000l. on the manufactory at Woburn, which the prisoner, his father, and brother had—it was insured for I believe 2000l., in the Phœnix—it was burnt, and I never had 1d. of the insurance, as the mortgager became a bankrupt, and the assignee took possession—I made a claim, but could not get any—I was not there the night the fire took place, nor for many months before—the insurance policy was deposited with me, but it was effected in our joint names, and the assignee had it I certainly did insure it and pay the money—I had a mortgage of 1900l. in hard cash, on some premises in Berners-street, Commercial-road—the millhouse was burnt down, and there is no doubt it was done by your client, the prisoner, as well as the other two fires—I never received a farthing of the insurance—I paid the insurance—I received 350l., one part of the insurance, the rest is disputed—it is down for trial, and I think it is coming on at the present sittings—the action was brought some time ago against the fire-office for the remainder, immediately after the fire—it is above two years ago, and may be three years—I brought the action against the Phœnix—I do not recollect—I have gone on with it—one sum has been recovered—they were both down for trial on the same day, and for some cause or other two of the witnesses in the second cause could not be found, and they withdrew the record the following morning—I think that was about twelve months ago—I believe it is not nearly two years ago—I have found the witnesses since—they have had a notice in Nov. last, as I understand from my solicitor, and have had notice for the next sitting, I believe—I was not concerned in any premises in the Grange-road, Bermondsey, directly or indirectly, except that Reuben Hunt, jun., who was the occupier, had got into my debt, by bills which I discounted for him, 380l., in addition to
the original sum—I had no security on the property in the Grange-road—I had nothing whatever to do with them—he owed me money as a new debt, a debt contracted subsequent to those due to me on the mortgage deeds—I was not a party, directly or indirectly, in erecting those premises—I have no interest in the premises in Grange-road—I lent him 11l., I think, towards the insurance—I understand part of the money he had from me paid the insurance—those premises were burnt down—there have been a good many bill transactions between me and Reuben Hunt, jun.—an action has been brought against me by the prisoner on the three bills produced—I got an order to inspect them—I took a man named Nethercliff to inspect them, and Messrs. Adlard, the engravers—I did not inspect the I O U s, but the bills, and denied their being my handwriting—the order did not permit us to inspect the I O U s—I do not recollect whether this was after I had pleaded to the action—there was hardly a month elapsed between the pretended claim being made and the matter coming on.
Q. After taking Adlard and Nethercliff to inspect the bills, did not you instruct your attorney to apply for leave to add a plea that the bills were given for the accommodation of William Hunt? A. I gave him no instructions whatever beyond defending the action—I swear I did not so instruct him—I did not know that the plea was made till I heard it in Court—I did not know of the application—I did not know what was done in the action—I first heard of it at Kingston, at the trial—these bills are accepted by Scammell and Davney, and drawn by Reuben Hunt, jun., on him—they are the bills I saw in the hands of Reuben Hunt, about two years after they were overdue, about two years ago—he applied to me several times to lend him money on them—my name was not on them then—my name appears on them as indorser, after Reuben Hunt, jun., as drawer—nobody was present when I saw them in his possession—he came to my house to borrow money—I refused—he offered these bills as security, and I refused them, saying I was a holder of 4000l. of bills on the same party—I had many bills of Scammell and Davney's, and every bill I had bears a number in my bill-book, which is now in Court, and have passed through my books, kept by my clerk—I have a great many of Scammell and Davney's bills now—I had no connection with them whatever—Reuben Hunt originally built this new paper-mill in Berners-street at my expense, especially as he said for Scammell and Davney at a rent of 400l. a year, and they gave their acceptences to Reuben Hunt—he brought them to me, and I advanced cash, and subsequently obtained a mortgage.
MR. DOANE. Q. Were you living at any of the houses which were burnt down? A. Certainly not—they were in the Hunts' possession when burnt down, and the mill in Berners-street was in the hands of the assignees.
COURT. Q. You say you were never indebted to the prisoner? A. Never in my life, not a single farthing—he was indebted to me considerably—I never lent him my name to endeavour to raise money, or give him credit in the world—he was not entitled to it—he was not in business—I did not put my name, or authorize him to put it, to the I O U, or to have any instrument of this sort, to show that money was apparently coming to him—I never authorized him or anybody to put my name to an I O U, or any other document.
JURY Q. Since the last fire in Berners-street have you lent the prisoner any money? A. I lent him 30s. in September, 1843, by check—the
fire in Berners-street was two years and a half or three years ago—I believe I have lent him money seven or eight times since.
COURT. Q. Have you lent every one of the persons in whose houses the fires occurred, money since the fires took place? A. Oh, no—I lent Reuben Hunt, jun., money several times since the fire in Berners-street—he became bankrupt, and the assignee was in possession of the premises when the fire took place, and for nearly twelve months—the prisoner worked for his brother, in Blue Anchor-lane, where the last fire took place, which was about two years and a half ago—I believe September was the last time I lent him money.
Q. Till he took proceedings about this debt, did you charge him or any of his family with having set fire to any of these premises? A. No, nor had I any idea of it, except what I have heard subsequently from other people—I have not lent my father-in-law money since his premises were set on fire—the Hunts had nothing to do with that.
ROBERT JOHNSON . I was clerk to Cranch and Wright, who, in 1840, and afterwards, were attornies for Mr. Rogers—I produce the record of the action from their office—the indorsement of the Nisi Prius clerk it on it, and judgment signed.
WILLIAM HENRY WALTERS . I am clerk to the Lord Chief Justice. I was present at a trial of an indictment for perjury against Thomas Rogers, on the 8th of July, 1844—he was acquitted—the I O U which I have produced was put in evidence—I think the prisoner produced it—he spoke to it certainly—I received all the documents at the trial, and detained them, by order of Mr. Justice Wightman, who tried the case—according to my recollection, the prisoner spoke to the handwriting of Rogers on these I O U.
Cross-examined. Q. Were not the documents produced by the clerk of Mr. Montague Smith, the arbitrator? A. It might be so, but they were put into the prisoner's hands—I do not speak with certainty as to the prisoner's speaking to the I O U for 1739l.—I think he did.
RICHARD CRANCH . I was in partnership with Mr. Wright as attornies and solicitors. We were Mr. Rogers's attornies for about five years—Mr. Wright acted for him in the action brought by Hunt—I was then in the office—the case was referred at the suggestion of Lord Chief Justice Denman—I attended every meeting before the arbitrator—we had a difficulty in getting them to go on with the reference—I was obliged to press them on—I saw the I O U for 1739l. produced on the reference by Mr. Lewis's clerk, acting as the prisoner's attorney—he also produced the three bills of exchange and another I O U for 400l.—the prisoner was present when they were all produced and used.
MR. HUMFREY. Q. Were witnesses examined on the part of Hunt, the plaintiff in the action, as to the signature of Mr. Rogers? A. Yes—his daughter, Charlotte Hunt, Reuben Hunt the elder, Mrs. Hunt, the wife of Reuben Hunt, jun., and I think two other witnesses—I do not recollect their names—I do not think a Mr. George was examined before the arbitrator.
MR. CLARKSON Q. Do you know the prisoner's handwriting? A. I do—I have seen him write, and have corresponded with him—I believe the body of this I O U for 1739l. to be the prisoner's handwriting—that is also the case with the one for 400l., and the writing at the back as well—with the exception of the signature, "Thomas Rogers," it is all the handwriting
of the prisoner—I received this order from the prisoner to repay Mr. Rogers five guineas out of some money that he expected to receive from an action that we were about to bring—it is dated "June 22nd, 1843," and states the money to have been borrowed on the 4th of July, 1842.
Q. Have you ever heard the defendant say anything at all about any debt he owed to Mr. Rogers? A. When he gave me this, he referred to particular money, borrowed on a particular day—I was to pay it out of that, and he also gave me instructions to bring an action against the assignees of his brother Reuben, and I was to hand over to Mr. Rogers half the money recovered by that action, in payment of the money that he owed him—that was sometime in 1842—we declined to bring the action—I do not recollect his coming to me for a loan of 30s., and telling me anything about Mr. Rogers—I was not concerned for him—he wished me to bring the action—he was talking to me then as his attorney—he had an action brought against him in Oct. 1840, by a person named Davney, for trespass—judgment had been allowed to go by default—I declined to appear in court for him at first—he said, "Well, if you will lend me 30s., I will give Mr. Chadwick Jones a brief to appear for me"—I declined to lend him the money, or to give a brief to counsel without the money—I was not then acting as his attorney.
MR. HUMFREY. Q. Did he not come to you as his attorney, to ask you to deliver a brief for him? A. Yes, it was in the course of the same conversation that he stated what I was about to mention.
MR. CLARKSON. Q. You are, of course, well acquainted with Mr. Rogers' handwriting? A. Yes—the signature to this I O U for 1739l. is decidedly not his handwriting—I do not believe the signature to this for 400l. to be his, nor the endorsements to these three bills of exchange—I do not believe either of them is in the handwriting of Mr. Rogers—I have seen them before.
COURT Q. Do you speak from the character of the handwriting, or from any circumstances which have come to your knowledge? A. From the character of the handwriting simply—I try to keep the circumstances away—there is one thing in particular, there is an upstroke to the T in "Thomas" which Mr. Rogers never makes—there is a similitude, but still a stiffness—it is not like a genuine signature, it is too fine.
Cross-examined. Q. You saw these documents at the trial at Kingston, I suppose? A. I saw some of them—I saw the bills of exchange, and the I O U for 400l.—I did not see the other I O U there—I cannot tell whether it was produced at Kingston—to the best of my belief it was not—several witnesses were called at Kingston, a dozen, I think, to speak to Mr. Rogers's handwriting on the bills of exchange—clerks to solicitors—I do not think there were any banker's clerks—they were persons quite independent of the case—a Mr. George, clerk to Mr. Alderman Wood, was called, and several others—they stated they believed these to be Mr. Rogers's handwriting—there were also witnesses called at the trial at Guildhall—I believe some of the same that were at Kingston—defence at Kingston was that they were forgeries.
Q. And on the evidence having been given for the plaintiff, Lord Denman said this matter ought to be inquired into by an arbitrator, where both the parties could be examined? A. No, it was not at that stage of the proceedings—it was after Mr. Sergeant Channell had addressed the jury for some time, and was reading the letters, borrowing small sums
of money, 30l., and so on, Lord Denman said, "There is something more in this case than I can try; it ought to go before an arbitrator, who can examine both the parties"—there were two or three meetings before the arbitrator—I am not positive which—I do not know whether it was after the last meeting that Mr. Rogers gave the prisoner into custody—it was not done by my'advice—I heard of his having been given into custody a day or two after—I do not think that was before the indictment for perjury was preferred against Mr. Rogers—there are some figures on the back of this I O U for 400l.—I was not present at any settlement between the prisoner and Mr. Rogers at any time—there was no bill at any time given at my office by Mr. Rogers to the prisoner—I am positive of that—not to any of the Mr. Hunts—I was present at Mr. Hewitt's office when the Hunts and Mr. Rogers were there—I think there was then a bill given by Mr. Rogers to the prisoner—I cannot tell the date—the date of the release will tell—I dare say it was about the 7th of Nov., 1840.
Q. What did you meet at Mr. Hewitt's office for? A. There was an action brought against Mr. Rogers by Scammell and Davney for some trespass he had committed on their premises in Berners-street, which were in the occupation of Hunt—Mr. Rogers agreed to advance money to settle the thing, and a bill was drawn by Hunt, which Mr. Rogers accepted—it was paid to Mr. Lewis to settle the action—the Hunts and Mr. Rogers were connected in some way with it—releases were signed on both sides, and all bills drawn on Scammell and Davney, who are the acceptors of the new bills, were professed to be given up to Mr. Rogers—the Hunts were parties to those releases—at the time of those releases there were in the hands of Mr. Rogers several bills of exchange, drawn by Reuben Hunt, jun., the drawer of these bills, on Scammell and Davney, the acceptors, and Mr. Rogers at that time returned all those bills to Scammell and Davney—there was a general settlement of the account, as far as Scammell and Davney were concerned, and they were to give up the premises—after the action of Hunt against Rogers had been going on, two engravers were taken to see these bills—there was one from the Bank, and one from the Post-office—I do not know their names—they were taken to Mr. Lewis's office to inspect the documents on which the action was brought—they went as men of skill, accustomed to forged handwriting—they went into Mr. Lewis's room to see them, but he declined to allow anybody else to go in but these two gentlemen—they were taken by me, under the Judge's order—after they had been taken to inspect the documents, I applied to the Judge to allow me, in addition to the plea that Mr. Rogers did not endorse, to plead a plea that the bills were given by Mr. Rogers for the accommodation of Hunt, but not in consequence of anything that they said, nor with the knowledge of Mr. Rogers—it was done under the advice of counsel, on the production of these letters, and I do not think it was the same day that Mr. Netherdiff and Mr. Adlard were examined—it was soon after, within two or three days after—I have no papers which will help me—neither Mr. Nethercliff nor Mr. Adlard were called as our witnesses at the trial.
MR. CLARKSON. Q. They were called in as men of science, that was your object in calling them? A. Yes; not as persons acquainted with the handwriting of any of the parties—I had them to see whether the bills had been traced, for the purpose of ascertaining by what means the forgery had been committed—I have seen this letter before—(looking at one)—I see
the word "pay" in it—I think that word was not originally in the letter—in my judgment, the words "pay you soon" are not in the handwriting of Mr. Rogers—I can see an erasure by holding it up—during my acquaintance with the prisoner I never heard any suggestion that Mr. Rogers was in his debt; the other way—he asked me to bring the action for the purpose of paying Mr. Rogers—I was not his attorney at that time.
The following documents were here read: "The I O U for 1729l. 10s., dated 19th July, 1842; an I O U for 400l.; an order, dated 22nd Nov., 1840, on Cranch and Wright, by the prisoner, to pay 5l. 5s. to Mr. Rogers, (out of the proceeds of an action brought by the prisoner,) for money had of him on the 4th of July, 1842; three bills of exchange, drawn by Reuben Hunt, jun., on Scammell and Davney, accepted by them, and indorsed by Rogers; one for 50l., dated 25th Feb., 1840; one for 16l. 5s., dated April 2nd, 1842; and one for 50l., dated Jan. 16th, 1840; a letter, dated 22nd Sept., 1843, from Mr. Rogers to the prisoner, in which were the following words, 'I will pay you soon; a letter (to which the last was said to be an answer) from the prisoner to Mr. Rogers, dated 4th Aug., 1842, requesting him to get some one to see the landlady respecting the Bone-end estate, and let him know the result (Mr. Rogers's letter stated that she had moved, but it was not known where); a bill of exchange for 249l. 7s., dated Feb. 1st, 1837, drawn by the prisoner on Reuben Hunt, jun.; a check of Mr. Rogers's, for 10l., drawn on the Whitechapel Branch of the London and Westminster Bank, in favour of the prisoner; an I O U for 5l., by the prisoner, to Mr. Rogers; a check for 29l., dated 19th Jan., 1842, drawn by Mr. Rogers, in favour of the prisoner, appended to which was a bill for 33l., drawn by the prisoner on Reuben Hunt, jun., and accepted by him, dated 18th Jan., at four months; a letter from the prisoner to Mr. Rogers, dated 4th May, 1842, requesting a loan of 5l.; another letter from the prisoner to Mr. Rogers, dated 28th May, 1842, complaining that he had not received the 5l., and repeating his request; a check of Mr. Rogers in favour of the prisoner, for 5l., dated 9th July, 1842; a letter from the prisoner to Mr. Rogers, dated Oct. 29th, 1843, requesting a loan of 30s., and promising to repay it next week; a check of Mr. Rogers in favour of the prisoner, dated 13th Nov., 1843, for 1l. 10s.; and a copy of a writ on Mr. Rogers, issued by Mr. Lewis, attorney for the prisoner, attested 27th Feb., 1844, and claiming 800l. 11s. 4d. debt, and 2l. 12s. 6d. costs."
MR. CRANCH re-examined. This is the bill of particulars which was furnished by Mr. Lewis in the action—the prisoner was present at the time it was produced before the arbitrator—on the 6th of October, 1840, I was at the Bankruptcy Court with Mr. Rogers—it was the day of the last examination of Reuben Hunt, jun., the then bankrupt—I was there all the day from the morning till three or four o'clock in the afternoon, and then I went to dine with Mr. Rogers, and was in his company till between seven and eight o'clock in the evening—he could not have gone to Woburn and back that day—the railroad was not so far at that time.
(At the request of the Jury, the prosecutor was here desired to write his name on a paper.)
ROBERT JOHNSON . I was clerk to Messrs. Cranch and Wright, and am now clerk to Mr. Wright. I remember the action of Hunt and Rogers—Mr. Rogers came to the office with Mr. Lewis's letter—the following day he brought a copy of the writ, and gave us instructions to defend the
action—I procured the consent from Mr. Lewis—I went down to Kingston—I saw the I O U for 400l. produced there, and three bills of exchange—I did not see the I O U for 1789l. 10s. at the trial—I am perfectly well acquainted with Mr. Rogera's handwriting—I have seen these documents before—I do not believe the signature of Thomas Rogers to this I O U for 1739l. 10s. to be the handwriting of Mr. Rogers, nor the signature to the I O U for 400l., nor the indorsements on these three bills of exchange—that is different from any which I have seen—they are all three totally different from the signatures to the I O U, in the commencement of the t in particular—Mr. Rogers makes the commencement of his t particularly short, and here is a particular curl in the top of it, a slight flourish, and the writing generally is not so thick—the tail of the g Mr. Rogers generally makes thick and long—this is not so heavy—Mr. Rogers writes particularly heavy.
COURT. Q. Look at the word "Thomas" in that letter, which is doubtedly his, (one produced,) and see whether that is not written very like it? A. This is written lighter than I have generally seen—it is a signature following a letter, and written short, and the other is full; that is all the difference—this is finer than I have seen him generally write at the bottom of checks—he is a very bad writer, self-taught, and cannot disguise his handwriting.
HENRY JOHN CARWFORD . I am clerk to Mr. Wontner, the solicitor. I subpœnaed Mr. Lewis, the attorney for the prisoner, on Friday night—it was a subpœna duces tecum—the original subpœna is at the office, I believe—(the witness was desired to fetch it)—I now produce the original writ, a copy of which I served on Mr. Lewis—I served it on him personally, at his place of residence in Grosvenor-street, Bond-street—I showed him the original subpœna.
MR. JOHNSON re-examined. Q. Did you, at any time, see in the hands of Mr. Lewis an I O U for 1739l. 10s.? A. Yes, I did, on the 28th of Feb. last, when I served him with a summons for a bill of particulars—that was at the Albany, Piccadilly, where his offices were at that time—I was referred to him by his clerk, and took the summons up—at the same time I observed that it was a ridiculous idea for him to commence an action against Mr. Rogers at the suit of Hunt, for the family of the Hunts owed Mr. Rogers some thousands, to my knowledge—he said it was nonsense, and opened a drawer, from which he took an I O U for 1739l. 10s., dated 6th Oct., 1840, which I told him was not Mr. Rogers's signature—I was in attendance at the Bankruptey Court on the 6th of Oct., 1840, with Mr. Cranch—I saw Mr. Rogers there—he was with me about nine o'clock in the morning—we got there about eleven, and were there the whole day, till between seven and eight—I have known the prisoner five or six years—he was generally working for his father—he appeared to be in very bad circumstances generally.
GEORGE JAMES HILDRETH . I am clerk to Sir John Paul and Co., bankers. I have been in the habit of attending at Mr. Rogera's house for the purpose of making up his books for him—the signature to this I O U for 400l. is not Mr. Rogers's handwriting, nor to this for 1739l. 10s.—the indorsement on this bill of exchange for 50l. is certainly not Mr. Rogers's writing, nor on the second 50l., nor on the 165l.—I am acquainted with the mode in which Mr. Rogers does his business with bills
of exchange—I was in the habit of marking them invariably according to the mark of the bill in the bill-book—I have, on a former occasion, gone through the bill-book for the purpose of seeing whether any of these bills are entered in the book, and none of them are entered—I am with Sir John Paul in the character of a navy agent, not as a banker.
Cross-examined. Q. You were examined at Guildhall? A. Yes—I was at the trial at Kingston, but was not examined—I examined the documents at the office of the attorney.
GEORGE RUSHTON I was cashier at the Whitechapel Branch of the London and Westminster Bank—Mr. Rogers kept an account there—I became acquainted with the character of his handwriting—I do not think the signature to this I O U for 1739l. 10s. is Mr. Rogers's handwriting—I should certainly not have paid a check with such a signature—I do not think the signature to the I O U for 400l. is his—I should not have paid a check on that signature—the indorsements on this bill of exchange for 165l. is not his, in my judgment—I do not think this on the 50l. bill is his, it is not free enough; nor on this other for 50l., it is too stiff—they are very good imitations of his handwriting.
Cross-examined. Q. Do they appear to you to be imitated by somebody, and not the free writing of the party? A. I do not think they are so free as Mr. Rogers writes—it is written with a finer pen than Mr. Rogers generally writes with—of course that depends on whether he writes with a new or old pen, but there is a stiffness about this which makes me think it is an imitated hand—it has the stiffness of a copy—I saw Mr. Rogers's signature a few weeks ago—I should say the 165l. bill was not presented at our house—I never saw it there.
MR. CLARKSON. Q. In about how many instances have you had the opportunity of acting on the signature of Mr. Rogers? A. It is impossible to say; thousands of times—I am now a clerk in the principal office in Lothbury.
GEORGE SMITH . I am a clerk in the banking-house of Barclay and Co. I have had opportunities of seeing Mr. Rogers write, but not recently—I should think six or seven years ago—his account has been closed with us between seven and eight years—I think I have seen him write once since—I have not acted on his signature for seven years—he kept an account at Barclay's—I have paid a great many checks of his—more than hundreds—the account ran over many years—my belief is that the signature to this I O U for 1739l. is not Mr. Rogers's—it is not to free as the checks I used to pay—there is a great similarity in this signature to this for 400l., but the impression on my mind is that Mr. Rogers's is a larger signature—I do not think I should have paid a check with such a signature—(looking at the indorsement on the 165l. bill)—there is still the same similarity here, but there is not that freedom—if a check was presented with such a signature I should probably refer it—it is certainly similar—the indorsement on this 50l. bill, I think, is more like, only it is not thick enough—it certainly is like his writing, but it does not seem thick enough.
COURT. Q. Independent of anything you have heard about this case, and addressing your mind to the character of the handwriting alone, should you have pronounced it to be his handwriting? A. Well, I think it is probable I might have passed that signature—it might have been so with the others—I think I should have had my doubts about it—there is a great
similarity in the writing of the indorsement on this other 50l. bill, but I really do not think it is his, though very like it—if I had heard nothing about this case, I think it is very probable I should have passed that signature.
WILLIAM COOPER . I am a brewer at Lower Shadwell, I have known Mr. Rogers about twelve years—I am acquainted with his handwriting—I believe the signature "Thomas Rogers," to this I O U for 1739l. is not Mr. Rogers's writing, nor this to the one for 400l.—I have seen it before—I do not believe the endorsements on these three bills to be his writing—it is not like it.
COURT. Q. You apply your observation with equal confidence to the whole? A. Yes; I make no distinction, they are all equally unlike.
SAMUEL HOLMES . I am a brickmaker, and live in Gloucester-street. I have known Mr. Rogers twelve years, and have been well acquainted with bis handwriting and his signature—I believe the signature to this 10 U for 1739l. is not his hand writing—it is nothing at all like his handwriting whatever—I am positive the signature to this I O U for 400l. is not his handwriting—the endorsement on this bill for 165l. I believe not to be bold enough for his handwriting, it is nothing like it whatever; nor these to the two for 50l.; it is nothing at all like his writing.
COURT. Q. Look at that handwriting—(handing him the paper written by the prosecutor in Court)—do you believe that to be Mr. Rogers's? A. No, I believe it not to be his handwriting; it is far different from his handwriting; it is in a very scribbling hand.
GEORGE WINTLE ROBERTS . I am an accountant and arbitrator. I know the prisoner, and have seen his writing on many occasions—I know, Mr. Rogers's writing in a general way—the signature to this I O U for 1739l. is not the signature of Mr. Rogers; nor this to the 400l. I O U—it is a different handwriting—there is a great variation in the general character—it is an imitation, but a bad one—it is written better than Mr. Rogers generally writes—the flourish is also different—the endorsement on this bill of exchange appears to be the same handwriting as the other—I should say it was not Mr. Rogers's writing, from what I have seen of it—there is a great formality and stiffness about it which is not the character of Mr. Rogers's writing—I should say the endorsement on this 50l. bill is not Mr. Rogers's writing; it is larger than his general character, and here is the same stiffness about it which I have described in reference to the other—the signature on this other 50l. bill is not Mr. Rogers's handwriting.
COURT Q. Have you been in the Court when the last witness was examined? A. My name was called about three minutes since, and I came in, but went out immediately—I did not hear a word of the examination of any of the witnesses—(looking at the paper on which the prosecutor wrote his name in Court) I should say that that is not Mr. Rogers's handwriting.
NOT GUILTY .
OLD COURT.—Tuesday, February 4th, 1845.
Second Jury, before Mr. Recorder.
413. WILLIAM ASH was indicted for burglariously breaking and entering the dwelling-house of Jonathan James Tarrant, about the hour of one in the night of the 27th of Dec., at St. Luke, with intent to steal, and stealing therein 41bs. weight of cheroots, value 2l., and 41bs. weight of cigars, 2l. 10s., his property.
JOHN HAYNES (police-constable G 155.) I live at the station in Featherstone-street, St. Luke's. Between one and half-past one o'clock in the morning, the 28th of Dec., I was on duty in Chiswell-street, and saw two persons at Mr. Tarrant's shop there—the prisoner was one—they were close to the shutters—I heard some glass break, and said, "What is up?"—they both came towards where I was—I said, "What has been up now?"—they then saw me and ran away—I followed, and called, "Stop thief!"—they ran to the corner of Finsbury-place and there separated—the prisoner ran across the square—I pursued, and never lost sight of him till he was stopped by Green in the square—I took him back to the shop, found the shutters shifted, and a square of glass broken—I saw some cigars on the pavement, on the very spot where the men turned round and started from—they are in this basket, and are cigars and cheroots—it is a cigar shop—I aroused Mr. Tarrant—he came down—I took the prisoner into the passage of the house—he denied having done it—at the time the window broke there was nobody near enough to have done it but him and his companion.
Cross-examined by MR. PAYNE. Q. Had you seen him before? A. No, it was rather foggy—Green was not before the Magistrate till the second day—there was an engineer in the square, and I thought it was him stopped the prisoner—Green gave him into my custody in the square, in a direct line from Mr. Tarrant's shop—he ran right across to Sun-street—I was between twenty and thirty yards from the shop.
COURT. Q. How much nearer did they come to you? A. Within four or five yards; and on my saying, "What is up?" they ran away—the bar was not taken down, but one shutter shifted over the next, so that they could break the glass.
HOWE GREEN . I live at No. 29, Half Moon-street, Bishopsgate, and am a grocer. I was in Finsbury-square, going home, about half-past one o'clock—I heard a cry of "Stop thief! stop him!" across the square—I did not see the prisoner directly, but could hear him, and in a moment saw him come running across the road to the iron railing—I stopped him—he said, "Do let me go, do let me go"—I said, "What have you done?"—he made no answer, but said, "Do let me go" again—I said, "What have you done?"—he made no answer—Haynes the policeman came up, and I gave him to him.
Cross-examined. Q. It was a foggy night? A. Yes—I had just come out of Chiswell-street—I stopped him about half way across the square—I afterwards asked a policeman on our beat what had become of the man I stopped in Finsbury-square, and that is how they found me out—I was never in trouble myself—I did not meet the prisoner—I heard the cry and turned round.
(At this period a juror, Mr. Steet, was taken ill, and allowed to leave the court; Mr. Olding, surgeon to the gaol, subsequently deposed that the juror
was totally insensible, and he feared dying. Mr. Styles was substituted for Mr. Steet, the whole jury re-sworn, and the prisoner being given in their charge, the two witnesses were re-examined, and gave the same evidence as before.)
MR. PAYNE to JOHN HAYNES. Q. You found the prisoner lived in Sun-street, did not you? A. Yes, in a court there—the Magistrate did not send me with a sovereign to his wife—I know he did send her one—she said she was in great distress.
JONATHAN JAMES TARRANT . I live at No. 7, Chiswell-street, St. Luke's, and am a tobacconist. I keep the house—I was disturbed by a knocking at my door on the morning of the 28th of Dec., and found a policeman at my door—he charged the prisoner with having shifted my shutter, broken the window, and take cigars—the prisoner was brought into the passage and searched—I was outside looking at the window, and found a quantity of cheroots and cigars on the pavement—one shutter was pushed over the other, and the window broken—I had shut it up myself—the bar appeared to have been wrenched by a crow-bar—five or six bundles of cigars had been taken out.
ANN TARRANT . I am the prosecutor's wife. I noticed the window over night—the cigars were perfectly safe, the glass sound, and the shutters closed—in the morning I missed four bundles of cheroots and four of cigars—those produced match with what are left—I gave between 4l. and 5l. for them.
Cross-examined. Q. The constable was there with other cheroots, was he not? A. In the passage he had a great quantity—I found the two cheroots just at the prisoner's feet—he was fumbling about his pockets—I told him to keep his hands out of his pockets.
COURT. Q. Did you take any cigars into the passage? A. Nonobody entered the passage till I took the prisoner there—the other policeman entered at the same time as me—the bar had been wrenched—the two cigars were not found till the other policeman came in.
JURY. Q. When were you twenty or thirty yards from them? A. Before I began the pursuit—there was nobody else in the street within view when the prisoner started—I kept within ten yards of him—he ran about 150 yards before he was stopped, and was quite out of breath when I got up to him, and so was I.
NOT GUILTY .
414. FRANCIS MITCHELL was indicted for feloniously breaking and entering the dwelling-house of George Verncy, on the 2nd of Jan., at St. Luke, Chelsea, and stealing therein, 24 brooches, value 4s.; 36 rings, 3s.; 1 box of pins, 2s.; 12 oranges, 6d.; 36 apples, 1s.; and 1 pint of nuts, 4d.; his goods.
GEORGE VERNEY . I live in Walcott-place, Marlborough-road, St. Luke, Chelsea Not I sell stationery and toys. On the 2nd of Jan. I had a square of glass put into my shop window—it was safe at half-past six o'clock in the evening, when I put up the shutter to protect it—about seven
o'clock, on entering the shop from the parlour, I found the shutter had been taken down, the square of glass taken out completely, and the articles mentioned in the indictment taken away—anybody could get at them through the broken pane—I went for the police—the prisoner afterwards came to me, and said he would pay me for the things if I would not prosecute him—I said I should take no money for them, if he liked to go and bring them back it was all very good—he then went away, and never brought them.
Cross-examined by MR. PAYNE. Q. These rings and brooches were very common? A. Yes—I had put the square of glass in myself in the morning—I did not take the shutter down—it was about nine o'clock that the prisoner came to me—I knew him by seeing him about—he said, "What is all this the policeman is after me about?"—I said my shop had been robbed, and he was charged with it—he said, "If you say nothing about it I will pay you what the things come to"—he was taken the same evening.
MARK JOSEPH JOWSEY (a prisoner.) I was living at No. 7, Wellington-buildings, when I was taken into custody on another charge—on the 2nd of Jan. I was opposite the prosecutor's shop a little before seven o'clock in the evening, and saw the prisoner take down the shutter, and do something with his finger to the glass—I presently saw the pane of glass in his hand—he went about twenty yards, put it down in the gutter, came back, and took something out of the window, and gave it to a boy named Brown, he went back again, took something more, and ran away—he chucked something down like a box, then went up Markham-street, and chucked something over the school ground—the box was thrown down in John-street among a lot of stones, and made a rattling sound—something was thrown over a gateway in Waterloo-place—I lost sight of the prisoner and Brown—next day I heard I was suspected, and went to the prosecutor's—I told him what I had seen—I went with him, and pointed out where I had seen things thrown away—I saw him find some pencils in the school ground.
Cross-examined. Q. They charge you with robbing Mr. Middleton? A. Yes—I and Brown were not taken up for something else on the 4th of Jan., nor was I taken to the station with Brown at all—I have been taken up twice, once for fighting three years ago, the other was this case—I lived with Middleton about five months—I might have told him a story once or twice—I did not give the prisoner a box of these toys in exchange for a magic lantern, nor any rings—on my oath I did not take the glass out, nor tell him I had a box of toys that I had bought—I have had two or three places, and been at home with my father—I am charged with concealing myself in Middleton's house, and breaking out in the morning—Sweet is an acquaintance of mine.
ROBERT SWEET . The policeman stopped me and two other boys in Kepple-street on the 2nd of Jan., between six and seven o'clock in the evening—I saw the prisoner about eight o'clock that evening—a boy who was with me told him the policeman was after him—he then pulled out some halfpenny rings and little brooches, and threw them down the sink in Wood-street—he pulled out a box with some leaden toys in it, went over to the other side, and threw them down another sink—I saw the policeman find something in that sink next day.
Cross-examined. Q. Have you ever been in trouble? A. No.
denied the charge at first, but afterwards said he only had one box of toys, and that he gave Mark Jowsey for a magic lantern—in going to the station he pointed out the sink he had thrown them down—I found them there—I received some slate pencils from sergeant Skelton, who was not bound over.
Cross-examined. Q. Where did you take him? A. At his mothers's, about 500 yards from the prosecutor's.
MR. PAYNE called
HENRY ROBERT MIDDLETON . I keep the D'Oyley Arms, Marlborough-road, Chelsea. The witness Jowsey was in my service between four and five months—I had too many opportunities of judging of his character and conduct for veracity, and from my experience of him I could not believe him on his oath.
JURY. Q. What grounds may you have For that assertion? A. Why, he came to me with an infamous falsehood, stating he had no parents or friends, and I took him out of compassion—he came to me in a wrong name—he was in the habit of waiting on the gentlemen in the coffee-room, and used to overcharge them, and tell the most infamous falsehoods, and I could never send him out without finding him out in some lie—in sending him out with goods, instead of charging one price he has charged another—there have been so many instances, although trivial in themselves, that I do not know that I can name any particular one, for they have not been such as to call my attention particularly.
COURT. Q. You never knew him, under the solemn obligation of an oath, give testimony in a court of justice? A. Certainly not—he used to deceive me in trifles—I could not believe him on his oath, from the number of untruths he has told—there is a prosecution against him now—I did not know he had a father till, after Christmas, when he came to bring his son a piece of plum pudding, and he took and threw it in his father's face, and d----d his eyes—he owned it was his father—he has told me so since, when I taxed him with it.
GUILTY . Aged 17.—Recommended to mercy.— Confined One Month.
GUILTY . Aged 51.— Confined One Month.
CHARLES BURGESS . I am a super numerary City policeman. On the 22nd of Jan. I saw the prisoner on Tower-hill—I saw him, with another, go up to the prosecutor's pocket, take a handkerchief out of his right-hand pocket, and pass it into his own breeches-pocket—I took him by the collar, and, before he could get it into his pocket, took it from him—it, was in his pocket and in his hand also.
brought up the prisoner to me, and produced my handkerchief—this is it, and the one I lost.
WILLIAM WEBB (police-constable H 42.) I produce a certificate of the prisoner's former conviction—(read—Convicted the 13th of' June, 5th Vict. of larceny, and confined six months)—I was present at the trial, and know him to be the person.
GUILTY . Aged 20.— Transported for Ten Years.
417. JOHN SAUNDERS and WILLIAM WEST were indicted for stealing, on the 14th of Jan., 1 firkin, value 1s.; and 561bs. weight of butter, 2l. 9s.; the goods of John Paul Summerly; and that Saunders had been before convicted of felony.
JOHN PAUL SUMMERLY . I am a cheesemonger, and live in Victoriaplace, High-street, Hoxton. On Tuesday evening, the 14th of Jan., I placed a firkin of butter in my shop, near the door, and about ten minutes after I had done so I found it had been moved about a yard from the door—it had been partly on the cill of the door, and partly in the shop—somebody had pulled it away from there the distance of a yard.
ELIZABETH ANN ANDRISS . I am in the prosecutor's service. A little after six o'clock on Tuesday evening, the 14th of Jan., I went out for the purpose of closing the side shutters of the house, and I saw Saunders taking the firkin of butter from the door—he was alone—he saw me, and put it down—I went in to tell my master—Saunders crossed the road, and I saw no more of him.
JOHN NEWELL (police-constable N 102.) On the night of the 14th of Jan. I was on duty, in plain clothes, in Old-street-road, and saw the two prisoners—I turned round and watched them up Hoxton-town—I saw them go to the prosecutor's shop, and look into the window—Mr. Summerly was at that time in the shop—they crossed the street, and went back again to the shop—Mr. Summerly had then gone into the parlour—they then came down the town where I was standing—I saw West point to the shop door, and make a motion with his hand—Saunders then went to the shop—I saw him look in at the door—he then went down a dark street by the side of the shop—West was near me at the time—I lost sight of Sannders about a minute—I taw the girl come out, and return into the shop again—shortly afterwards I saw Saunders come out of the street, join West, and they went down the town together—West was from 20 to 30 yards from the shop at the time Saunders was by the firkin—Saunden was standing by West at the time he made the motion with his hand—I have no doubt they were speaking, but I could not hear any discourse—Saunders then went in the direction of the shop, and turned round this side street—West stood where he was, from twenty to thirty yards off.
MR. SUMMERLY re-examined. The firkin was entirely removed from the spot which it had previously occupied—my shop is a corner shop—the main road is on one side, and the dark street on the other—the door is at the angle—the firkin was removed towards the dark street—this is the firkin.
JAMES BRENNAN (police-constable N 69.) I produce a certificate of Saunders's former conviction, which I got from Mr. Clark's office—I was present at the trial, and know him to be the person—(" read—Convicted 8th April, 7th Vict., of larceny, and confined six months.")
SAUNDERS— GUILTY . Aged 20.
WEST— GUILTY.* Aged 28.
Transported for Seven Years.
WILLIAM CHILD . I am beadle of the precincts of the Old Tower without. Between eleven and twelve o'clock in the morning of the 16th of Jan., I saw the prisoner in the street, near a gentleman, who was looking at Punch—I saw him go and put his hand into the gentleman's pocket, take out a handkerchief, and put it into his own bosom—I spoke to the gentleman, and went after the prisoner—I said, "Give me the handkerchief you have got"—he said, "I have no handkerchief about me"—I said, "You have," and pulled it out of his bosom—the gentleman said it was his, in the prisoner's presence—I said, "You must come to the station with me"—he came halfway, and then said he could not lose his time, he was the captain of a ship, and should not bother any more about it—I took the prisoner to the station, and to the Thames-police—the prisoner said when I took him, "Let me go, I will never come here any more"—I had had him the week before, and he had only been out one day—I was close to him at the time he took the handkerchief, and I am sure it was the one I found upon him—it was not hemmed, and I saw the fringe of it.
GUILTY .* Aged 15.— Confined Six Months.
OLD COURT.—Wednesday, February 5th, 1845.
Third Jury, before Edward Bullock, Esq.
419. CHARLES THOMPSON alias James Shirley , was indicted for burglariously breaking and entering the dwelling-house of William Rogers, about the hour of nine in the night of the 9th of Jan., with intent to steal, and stealing therein, 1 coat, value 5l., the goods of Charles Henry Howell ; also for stealing, on the 3rd of Jan., 2 coats, value 7l., the goods of Thomas Phelps, in the dwelling-house of Ph�be Lancaster ; also for stealing, on the 7th of Jan., 1 cloak, value 12s., the goods of Allen Davis ; also, on the 10th of Jan., 1 barometer, value 5l., the goods of George Faulkner; to all of which he pleaded.
GUILTY . Aged 22.— Transported for Ten Years.
(John Atkins, gentleman;—Johnson, shoe-maker, Poppin's-court; Lucy Mitchell, widow, Providence-buildings, Kent-road; and William Shirley, the prisoner's brother, deposed to his good character.)
420. MARK JOSEPH JOWSEY was indicted for stealing, on the 20th of Jan., at St. Luke, Chelsea, 2 half-crowns, 10 shillings, 10 sixpences, 24 pence, and 24 halfpence, the monies of Henry Robert Middleton, in his dwelling-house; and afterwards, about the hour of two in the night, burglariously breaking out of the said dwelling-house.
HENRY ROBERT MIDDLETON . I keep the D'Oyley Arms public-house in Marlborough-road, in the parish of St. Luke, Chelsea—the prisoner has been in my service four or five months, but was not at the time of this transaction. On the 20th of Jan. I was the last person up—I examined the house before I went to bed—it was all shut up, and the doors and windows safe—I went to bed about half-past one—there was 1l. in silver
on the mantelpiece, and 3s. in coppers on the desk in the bar, which I left for the use of the servant, to give change with in the morning—in consequence of what I was told in the morning, I went to make inquiries of the prisoner—he told me he had been to the theatre that night—I could get nothing from him, and gave him into custody.
ISABELLA RANCE . I am bar-woman to Mr. Middleton. On the morning of the 21st of Jan., I was the first person up—it was about half-past five when I came down—soon after that I required some change—I went to the place where it usually was, and there was none, nor any copper on the desk.
ALBERT SMITH . I am pot-boy at the D'Oyley Arms. On the morning of the 21st of Jan., I came down stairs about half-past five o'clock, about the same time as Rance—I followed her down—I observed that the iron bar which goes across the door, leading into the back yard, was undone, and the door unfastened—I had fastened it myself the night before.
EDWARD ANDREWS . I lodge in Wellington-buildings, King's-road, Chelsea. I know the prisoner by lodging there—he slept with me—I went to bed on Monday night, the 21st of Jan., about ten o'clock—the prisoner was not there then—I found him there about half-past seven in the morning—he asked me if I had got any breakfast—I said, "No"—he said he would lend me 3d.—when he was getting up, he showed me some silver, and some copper—there was about 1l. worth of silver—he said there was 3s. worth of copper—I saw him count it, and there was 3s. worth—I asked him how he come by it—he said he got it from Mr. Middleton's—he said he got into the house, and secreted himself under the sofa, and when Mr. Middleton was gone to bed, he came down, went into the bar, and took the money, that he pulled the bar of the door down, and went out.
ROBERT MITTELL (police-constable V 181.) The prisoner was given into my charge in Manor-street—I took him to Mr. Middleton's house—as we were going along the street, he said, "If you will look round the corner, you will find the money"—I looked into the corner, and there I found 19s. 2d. in silver, close to a house, at the corner of a garden.
Prisoner. Q. Where did you find the money? Q. In John's-place—when I took him, I told him Mr. Middleton suspected him of getting into his house, in some way or other, and robbing him—I did not say it would be better for him to own it.
Prisoner's Defence. The money was my own, and what I had saved up while I lived with Mr. Middleton; I had it in my pocket, and put in the garden, as the boy at the house said I had been robbing Mr. Middleton.
GUILTY . Aged 16.— Transported for Ten Years.—(See the case of Francis Mitchell, page 473.)
Before Mr. Justice Williams.
NOT GUILTY .
when the Queen was going to the House—whilst I was standing there, I felt something in my pocket—I turned my head, and saw the policeman holding the prisoner—my handkerchief was half out of my pocket—this now produced is it—the prisoner asked me to forgive him.
WILLIAM WEST (police-constable F 106.) I was in Parliament-street about half-past two o'clock yesterday, as the Queen was going down—I saw the prosecutor standing there looking—I saw the prisoner close behind him—suspecting him, I watched, and saw him gently drawing the handkerchief from the prosecutor's pocket—I laid hold of his hand, and the handkerchief at the same time—a small portion of the handkerchief was in his pocket then, but in twisting away it got out—he had the greatest portion of it out—I took him into custody, and in searching him at the station, I found these other two handkerchiefs on him—they are both marked—he said he had been out of work a long time, and hoped the gentleman would not press the charge against him—I had great difficulty in getting the prosecutor here.
Prisoner's Defence, I did not take the handkerchief, or intend to take it; I was standing by the gentleman, looking at the procession; there were five or six besides me round him; I have held some very good situations, but have been out of work a long time.
GUILTY . Aged 21.— Confined One Month.
MESSRS. BODKIN and DOANE conducted the Prosecution,
Cross-examined by MR. HORRY. Q. How many times have you been here, or in any other Court since last March? A. I have not been here since—I dare say I have been a dozen times before a Magistrate, and have had a good many persons in my custody—I could identify some of them, but some I could not.
MR. DOANE. Q. Were you a witness on her trial? A. Yes, I was the constable in the case—I had her in custody before the trial—I have not the least doubt that she is the person.
FRANCIS EABY . I keep the Yorkshire Grey public-house, in High-street, Whitechapel. On Friday, the 3rd of Jan., the prisoner came to my house, and asked for 1 1/2d. worth of peppermint—she tendered a shilling, which I discovered to be a counterfeit—I told her so—she said she had taken it from a baker up the street—I told her she had better fetch the baker—she went away, but never returned—I kept the shilling, and finding she did not return, I marked it, and placed it on a glass shelf behind the counter—it was frequently through my hands and under my notice, in the course of dusting the glasses—no other money was on the shelf near it, and no one but myself and wife had access to the bar—on the 16th of Jan. the prisoner came again to my house, and asked for 1 1/2d. worth of peppermint—I recollected her the moment she came into the house, but I did not give her any intimation that I did so—I served her—she tendered a shilling, which I discovered to be counterfeit—I told her it was a bad one, and that
it was the second time—I told her I had cautioned her before—she said she was very sorry, or something of that kind, and produced a good shilling—she did not say anything, she merely laid it on the counter—I had then taken up the bad shilling—I retained it—an officer was in the house at the time—I gave the shilling to him, and gave her into custody—I saw that second shilling marked—these are the two shillings—I find on this one the same mark that I put on it—I can swear to it—and on this other is the mark that was put on it in my presence.
Cross-examined. Q. What time did she come on the 3rd of January? A. Between six and seven o'clock in the evening—she stood in front of the bar—no one else was in the bar but myself at that time—people fiequently pass up and down the bar from my tap-room—I probably might have served other persons about the same time, bat not at the time—I cannot say that nobody came to the bar while she was there, but I know I served no one but her—she was not with me many minutes, perhaps not more than a minute or so—persons very likely came in before her, and after she went out, to be served at the bar, a good many, thirty or fifty perhaps, it is impossible to say, in the course of the evening, afterwards—she made use of some observation on the 17th of Jan., which I do not exactly recollect—she seemed confused, and said she was very sorry she had offered that one, but she would give a good one for it—the officer was not in his uniform at the time—he was standing in front of the bar—he was not drinking, or being served—he was standing there talking to two gents—she had a full opportunity of seeing everybody—my wife was in the bar parlour.
MR. BODKIN. Q. Look at the prisoner now; have you any doubt of her being the person who first came to you? A. Not the least—I remembered her as soon as she came into the house on the 17th, before she tendered me the second bad shilling.
Cross-examined. Q. Did you see him put the shilling there? A. I saw him place'it at the back of the shelf, by the glass, after marking it—it was some time in the evening.
SOLOMON HYAM LEVY . I am deputy-constable of the Tower—I do not wear any uniform. I was in front of the bar when the prisoner came in—she was given into my custody—I have produced the shillings—one was handed to me from the prisoner, and the other was ordered by Mr. Broderip to be placed in my hands.
Cross-examined. Q. They are not cast in the same mould? A. No.
GUILTY .— Confined Twelve Months.
OLD COURT.—Thursday, February 6th, 1845.
Fourth Jury, before Edward Bullock, Esq.
ANN BREES . I live with my father, John Brees, iron-founder, West-street, West Smithfield. On the 9th of Jan. the prisoner came, and said he came from Mr. Willis, who is a customer of my father's—he produced this order to me, hut said nothing—(read)—"Please send by bearer a fourteen or fifteen-inch copper coal-scuttle. W. WILLIS."—I gave him a copper scuttle for Mr. Willis, and charged him for it—next day be brought this other order—I gave him a scuttle and two tea-kettles—(read)—"Please send by bearer two thirteen or fourteen-ioch copper tea-kettles, a fifteen-inch copper coal-scoop. WM. WILLIS."
WILLIAM WILLIS . I live in Holies-street, Clare-market, and am an ironmonger. The prisoner was in my service, and left about ten months ago—I was in the habit of sending him to Mr. Brees with written orders—neither of these orders is my writing, but they resemble it very much—I never authorized him or anybody to write these orders, nor ever received the goods.
Prisoner. I was in great distress when I did it.
GUILTY . Aged 22.— Confined Two Years.
(There were two other indictments against the prisoner.)
Before Mr. Justice Williams.
425. THOMAS FRANCIS DICKMAN was indicted for feloniously administering to Mary Dickman a large quantity of deadly poison, to wit, I drachm of oxalic acid, with intent to murder her; 2nd count, for causing her to take the same.
MR. ROBINSON conducted the Prosecution.
MARY DICKMAN . I am the prisoner's wife; we were married the day before Christmas-day, 1843. On the 15th of Jan., I was at breakfast with my sister, Margaret Haynes—nobody else was in the room, but my children—I poured out a cup of coffee and put milk to it, and then some sugar—I found the milk curdled—I did not notice that till I put the sugar to it—I drank that cup of coffee—I poured out another cup, and put rather more sugar to it, and it curdled a great deal more than the first—it was as if the milk turned into curds almost directly I put the sugar in—I had put no milk to the second cup, but it curdled so that I could not drink it—I did not drink any of it—I then poured some coffee into a bason—I tasted it without any sugar, and that was very good—there was a peculiar taste to the first cup like acid—I tasted the sugar, and that was very acid indeed—I took the sugar to Mrs. Peddle, who we lodge ith, and asked her to taste the sugar—my sister took the sugar to Mr. Chave—about five minutes after I had taken the coffee I felt very sick, and pains in my stomach—I got advice, and took an emetic in about two hours—that relieved me from pain—my husband had come home between nine and ten o'clock the night before, and got up about eight in the morning—I got up soon after—he left the room before me—some of the sugar had been purchased on the Saturday night before by my sister—this was on Wednesday—my husband had brought some sugar in on Sunday morning, and both portions were put together, and it was that I used on Wednesday—we had used it for breakfast and tea every day—soon after my husband had gone from the bed-room to the sitting-room, I heard a rattling of crockery, as if it was thesugar-basin—this is the basin—the
noise was as if this top was taken off—it was on a shelf in the sitting-room, not in a cupboard.
Q. On what terms have you been living with your husband? A. Not very good terms—we were in the habit of quarrelling—he frequently said he would do for me and the child, and then go for a soldier—he said so the week before—I had been out of the house on the Monday before this happened, but not on Tuesday at all—no one but my sister had access to the rooms—we lived with my mother—we had the bed and sitting-rooms to ourselves—my sister was with us, and always breakfasted with us—my husband did not breakfast there that morning—he was gone when I came out of the bed-room—my sister came into the room after I had poured the first cup of coffee out—she had not been in the room since the night before—I went to a surgeon.
Cross-examined by MR. CLARKSON. Q. You disliked the prisoner very much, did not you? A. No, I did not dislike him at all—he was nineteen years old when we married—he was an apprentice at the time—I had one child before he married me—it is two years old—the second child was born on the 13th of July—I took a poker to him once when he hit me, and certainly touched him with it to defend myself—I never threatened to do for him—I am twenty-two years old—I never threatened his life, or said I would do for him the first opportunity—we did not quarrel every day—it was only when he went to his mother's—she did not like me—I never said I liked the little finger of another man—I never mentioned his name—I have heard since the prisoner has been in custody, that he said I said so of Thomas Baker—Baker was the father of my first child—I do not know where he lives now—he has been married some time.
Q. Did not your mother and a friend go to where the prisoner was apprenticed, and threaten to do for him if he did not marry you? A. No, he married me out of affection—I do not know Mary Milton—I have seen her at Pullen's, a chemist, at Uxbridge, where she was servant for three weeks—I did not recollect the name when I said I did not know her—when the prisoner married me he lost his apprenticeship, on account of not doing what they wanted, not for marrying me—his mistress told me so—I was always fond of him, and am so still.
Q. Did you learn that on Wednesday morning he had gone with Mary Milton to Hanworth-park? A. No, I never heard so—I went to Mrs. Bevis with the policeman, and she said he was gone for a soldier—he came home on Tuesday night after I was in bed—I was awake—the sugar was put in the same place on Tuesday as Wednesday—the sitting-room door was closed in the morning after he got up—it was open the night before—the bed is close to the door—there is only a wainscot between the two rooms—I opened the bed-room door when I heard the noise, and saw the prisoner coming away from the shelf—I was not asked that before the Magistrate—the shelf is opposite the door—he was coming more towards my bed-room door—I said nothing to him—I merely opened the door—I did not open it for any thing particular—he never told me he had been driven into this marriage—he did not wish to get out of it that I know of—he has said he wished he had not married till he was out of his time—he wished he could get work—my sister slept in the room with us that evening, and the prisoner would go into the next room to dress.
MR. ROBINSON. Q. How long had you known him before you married? A. About four months—he knew before we married that I had the child
by Baker—he used to come to the house, and took a good deal of notice of the child—the second child was the prisoner's—I have not spoken to Baker since our marriage—the prisoner did not take anything off the shelf that I am aware of.
JURY. Q. Did you feel any ill effects from the sugar till the Wednesday? A. No.
MARGARET HAYNES . I am the prosecutrix's sister, and live in the same house with her. On the Saturday evening before the accident I brought in a quarter of a pound of moist sugar, and put it into the sugar-basin—from that time till Wednesday I took breakfast and tea with my sister, and used this sugar—I perceived no ill effects from it—on Wednesday morning when I came into the room my sister was sitting at breakfast—she had just poured out a cup of coffee when I came in, and she thought the milk had turned—she drank it, and said what a peculiar taste it had—I observed it was as if the milk had turned—the milk had been put in—the coffee was boiled in milk and water—she poured out another cup, and I suppose must have put rather more sugar into that, for it turned a great deal more than the first—she had put no milk to that, but it was boiled in milk and water—I did not notice any curdling before the sugar was put in—I did not drink any of it—she poured some coffee into a basin, and it was very good till she put the sugar to it—we then had suspicion that it must be the sugar—I took the sugar and coffee in the basin to Mrs. Peddle, and afterwards to Mr. Chave the chemist—I tasted a few of the curds out of the second cup—it made my mouth feel very rough—I have heard the prisoner say he would poison his wife—he often said he would kill her—he said he would do for her and the child, and then go for a soldier—I heard him say so I believe the week before this occurred—I thought he was in fun, and said, "Would you give me a dose too?"—he said no, he would spare my life—I felt nothing more from what I took—I once saw him sharpen a razor, and next morning my sister told me he had put it under the pillow.
Cross-examined. Q. When was that? A. About five weeks before—we were laughing when he spoke of going for a soldierv—he gave me the money to get the sugar on Saturday, and on Sunday he said he was sorry he had given me the money for sugar on Saturday, as his mother had got some, and he had mixed them together—my sister was present—there was no more sugar got after that—I slept in my sister's room on Tuesday—the prisoner got up about eight o'clock—I was in bed then, and remained till he got up—we lodge there with Mrs. Peddle, who has a husband and two children at home—my mother lived with us—it is my mother's lodgings—we have lived together since the prisoner has been out of work—I do not remember my mother threatening to send him to prison if he did not marry my sister—I was not at the wedding—I did see my sister strike him with a poker—he left her once, and she sent him to prison for refusing to support her when she was ill—he was then in a situation—his mother lives nearly opposite us—they were married in Dec., and I think in April he went to a situation at Mr. Anderson's—he is twenty years old next month.
MR. ROBINSON. Q. When did she put him into prison? A. I think it was in July—he was in employ then—I think he left three or four months before Christmas.
which has been produced, and a small portion of sugar in it—I took the sugar out, and gave the greater portion to Mr. Rayner, the surgeon, to analyse—I saw the prosecutrix—she seemed very poorly, looked very ill indeed—she was sitting down at the station—I went to the prisoner's mother's, but did not find him—I found him in custody in the evening.
Cross-examined. Q. How far is the station from where he lived? A. Nearly a mile—the prosecutrix had walked there.
JOHN ANSTEY CHAVE . On Wednesday, the 17th of Jan., Margaret Haynes brought some sugar to me in a basin, I analysed it, and found it contained oxalic acid, I part in 20—a tea-spoonful or two of such a minute quantity taken by a grown person would have no immediate deleterious effect—a tea-spoonful would contain three or four grains—I cannot say whether it would produce any ultimate danger, that is more the province of a medical man—it might produce pain and sickness—some coffee was brought in a basin, but I did not examine that—the milk was curdled, which might be produced by oxalic acid or any other acid—I believe there was acid in the coffee.
FREDERICK WILLIAM SHOWRING . I am a shoemaker, and live in Vine-street Terrace, Uxbridge. The prisoner's mother, father-in-law, and brother live in the same house with me—I know the prisoner, and was frequently in the habit of seeing him at the house—I use oxalic acid in my business, for taking the stains out of the soles and heels of gentlemen's boots—I am in the habit of having it in my house—I use it dissolved—in January, about eight weeks before the prisoner's committal, I bought a pennyworth—I dissolved it directly—I kept it in a bottle—it was all dissolved—I never had any in the house undissolved—I laid it in in quantities as I required, and dissolved it immediately for use—that was my course—I was in London previous to that eight weeks, when I purchased the pennyworth, and the prisoner was not then in Uxbridge—he was at Colnbrook, and I had never seen him—I kept the acid in a bottle hanging on a nail over where I work—the prisoner was apprehended at my house—when the policeman came in, he said, "Well, young fellow, I want you; you recollect my taking you to London before"—the prisoner said, "You took me innocent then, and you take me the same now"—he asked him to wait while he had some tea—the policeman said he would—this was between four and five o'clock in the afternoon—I went up stairs to change my dress, and went to the station with them—in going along we had some conversation—the prisoner said, "I have done my best for her always," meaning his wife—I said to him it was a great pity that ever he had her—he said, "I have done it; can you tell me how to get out of it?" meaning his marriage—the policeman was walking on one side of him, and I on the other—I believe he heard what the prisoner said.
Cross-examined. Q. The policeman asked you what he referred to, and you said you supposed the marriage, which you had been talking about? A. Yes—I know that on Wednesday morning he went to Hanworth-park to take care of Mary Milton—Mrs. Bevis had asked him to go the night before—it is eleven or twelve miles from where he lives—Milton is a respectable young woman—he returned between four and five to his mothers house.
COURT. Q. Had you ever missed oxalic acid from the bottle? A. Never.
NOT GUILTY .
Before Mr. Justice Cresswell.
NOT GUILTY .
Before Mr. Justice Williams.
427. SINOPS KENT was indicted for feloniously sending a certain letter to William George Prescott and others, demanding money, with menaces, and without any reasonable or probable cause; to which he pleaded
GUILTY . Aged 36.— Confined Twelve Months.—Two Weeks Solitary.
429. THOMAS GRIFFITH was again indicted for forging and uttering an order for the payment of 10l., with intent to defraud John Barnard and others.—Two other COUNTS, stating his intent to be to defraud Benjamin Myers; and MARY WALTROP , for inciting him to commit the said felony; to which
GRIFFITH pleaded GUILTY . Aged 21.— Transported for Fifteen Years.
MR. BODKIN offered no evidence against
WALTROP— NOT GUILTY .
Before Mr. Justice Cresswell.
MR. PAYNE conducted the Prosecution.
ELIZABETH DURHAM . I am the wife of Edward Durham, and live in Peter-street, Westminster. I knew the deceased, and lived in the same house with her, and in the next room—I never heard her surname—I only knew her by the name of Mary—she was the same person upon whom the inquest was held—I lived in the front room, and she in the back with the prisoner—I had been in the house a fortnight—I saw her last, to speak to her, a little after nine o'clock on Saturday evening, the 4th of Jan.—I did not see any difference in her then, to what I had seen of her since I was in the house—she looked very pale—she always looked very pale—between one and two o'clock on that Saturday night the prisoner came home—he awoke me, by singing and stumbling up the stairs—he went into his own room—when he got in I heard him say, "Why did not you let me in before? I will give it to you for this"—I heard no answer given to that—he repeated it twice—I was sitting up in the bed, because there was a noise all the time—I heard the deceased make a strange wheezing noise—I never heard her speak at all—it was a noise as though she was pressed, and had not the power to halloo—I heard something fall on the floor, and after that I heard a lump like a body falling on the floor, and I heard the prisoner say, "Mary, my dear, what is the matter with you?"—I heard no reply to that, I only heard a groan—the prisoner came out on the landing, and said, "Will any female come to my wife? she is very ill"—he
came to my door, and asked me if I would come—I told him I would—I did so—I only put on part of my clothes, and before I could put them all on he came out again, and said he was much obliged to us all the same—I went in, and found the deceased lying on the floor in her night-clothes—her night-clothes were up to her knees, and her hair was all about her shoulders—I picked up a chair that was lying on the floor, and gave it to the prisoner—it was lying between the deceased and the bed, bottom upwards—I knelt down, and took her head on my arm—her right eye was closed, and her left eye was open, and she was foaming out of the mouth—I considered she was in a dying state—she died in about ten minutes after I got into the room—the prisoner said he was a stranger, and did not know where to go for a doctor—he at last went—she had been dead ten minutes then—he was half an hour gone for the doctor—the doctor did not come till three o'clock—he just looked at the deceased's breast and throat—the prisoner was dressed all but his waistcoat and neck-handkerchief.
Cross-examined by MR. PRENDERGAST. Q. His coat was off, I suppose? A. No—he took it off when he went for the doctor, and put on his waistcoat and neck-handkerchief, and then he put on his coat again—I had only been in the house a fortnight—the deceased and prisoner came the day after me—I never heard any words between them in that time.
MARY CARMAN . I am the wife of Joseph Carman. We keep the house No. 22, Great Peter-street, where the deceased lived with the prisoner—on Saturday night, or Sunday morning, I remember the prisoner coming home—I let him in—he appeared to be tipsy—he went up stairs into his own room—I went to bed soon after that—when I was gone to bed I heard a great noise overhead, as if there was a great scuffling and bustling about the room, and a great noise—I heard two heavy kind of lumps on the floor—I heard the deceased scream twice—the noise and scuffle lasted about twenty minutes—I did not hear the prisoner say anything—I could not hear any words in the room, but I heard a noise as if they were speaking—my room was underneath theirs—I afterwards heard the prisoner call for assistance—all had been quiet before then—I went up, and went to the door—I did not go into the room—I saw the deceased lying on the floor quite dead.
COURT. Q. How soon after each other did you hear the lumps on the floor? A. Very quick, but I cannot exactly say how soon—it was almost immediately—the scream was directly after the lumps—it was a very faint scream—the screams were about ten minutes before the prisoner called for help.
MARY MOORE . I am the wife of Richard Moore, and live in the first floor front room of this house. The prisoner occupied the second floor back room—on the night of the 5th of Jan. I heard the prisoner calling for assistance—I went into the room about twenty minutes after—the deceased at that time was lying on the floor, dead—the prisoner was there—he seemed rather the worse for liquor—he said nothing as to how it had happened—I assisted in lifting the deceased on the bed—the prisoner first said that she got out to let him in, and then he said he assisted her out.
Cross-examined. Q. Did he say that she first got out of bed? A. Yes—I asked him how she came on the floor—he first said that she got out to open the door—I said nothing in answer to that—it was when the doctor spoke to him that he said he lifted her out—that was some few minutes after I had spoken to him—the doctor asked him how she came
on the floor, and what he had done to her—he said he had done nothing—he first said she fell out, I believe—that was to the doctor—he said at first to me that she got out to open the door to him, and then he said he assisted her out—that was before the doctor spoke to him.
COURT. Q. When he said to you that she got out to open the door, did you make him any answer? A. No—I had not spoken to him again at all before he said that he assisted her out—it was directly after he told me the got out to open the door that he told me he assisted her out—when he told the doctor that she fell out, the doctor asked him on which side of the bed she lay—that was after he said she fell out—he said she lay inside, near to the wall—the doctor made no answer to that—it was before that he told the doctor be assisted her out.
MR. PRENDERGAST. Q. Did not he say that she was getting out to—? A. Yes, and he assisted her out to that, and that she fell down on the floor—he said she fell down off the chair when he was assisting her.
COURT. Q. In what part of the house does Mary Carman live? A. On the lower floor—she sleeps in the adjoining room to me, in the first floor back.
EDWARD DURHAM . I am a cow-keeper's attendant, and live in this house, No. 22, Great Peter-street. I remember the prisoner coming home on Sunday morning—I heard him go up stairs—as soon as be entered the room I heard him say, "Why have you not let me in before? I will give you something for this"—I heard no answer given to that—he said that twice—we next heard a scuffling on the bed, and a sort of wheezing noise—after that we heard a lump down on the floor—it sounded as if something was falling off the bed—the next thing I heard was a very shrill groan—the scuffling lasted about five minutes, I think—I was in bed at the time.
Cross-examined. Q. Did he not directly come and call out for assistance? A. Yes—directly after the fall—he came out on the landing, and called for a female's assistance, for his wife was taken very ill.
JOSEPH CARMAN . I am a milk-carrier, and live at this house, No. 22, Peter-street. I remember the prisoner coming home on the Sunday morning—when he got into his room, I heard him say, "D—your eyes, I will pay you for not opening the door"—I beard an answer given to that, but I could not discern what it was—the door was instantly shut—after that I heard a noise and a great struggling over head, and then I heard two great falls on the floor—I heard two faint shrieks from the deceased—with that the door was opened, and the prisoner came on the landing, and asked for assistance—I think the noisc and scuffling lasted about twenty minutes.
Cross-examined. Q. Did you go up? A. Not at all.
COURT. Q. Where were you when you heard him use those words? A. In the room underneath—I am the husband of Mary Carman—she was with me at the time—I was in bed—I could hear the words distinctly.
JOHN LEE HANDLEY . I am a surgeon, and live in Grey-coat-place, Horseferry-road. I was called in on the morning of Sunday, the 5th of Jan., to the house in Peter-street—I went along with the prisoner—I saw the deceased on the floor there—she was dead, but warm—I made inquiries as to who was present at the time she got on the floor—I was referred to the prisoner for an answer—I asked him how she came on the
floor, and somebody answered me that she fell on the floor—I cannot tell who that was—I asked the prisoner how she lay in the bed—he said on the further side of the bed, next to the wall—I asked him how she could fall out there—he said he helped her out for a natural purpose—I lifted her up, and passed my hand over the head, throat, and chest—I did not perceive any mark of injury—a noise ensued between the prisoner and some females in the room as to whether he had his clothes on or not at the time—I then left the room—I saw the prisoner again on the Monday morning—he called on me—he was very violent in temper respecting the female who had gone and demanded an inquest—I told him to leave her alone, or he would go to Queen-square—he said that he had only just got into the room at the time of his wife's death—I was sent for to attend at the inquest on the Tuesday evening, and, by the direction of Mr. Higgs, the Coroner, I made a post mortem examination of the body on the Wednesday—Mr. Payne, a medical student, was present at the time—I first looked over the surface of the woman—I found a mark of injury on the skin of the loins—I could not consider that to be any evidence of violence—it was more like the nature of an accident, from the situation of it—I could not discover any other external indication of violence—I opened the chest—I found that she had got a long-standing disease of the heart—there was a dilatation of the right side of the heart, and I found the vessels of the brain extremely congested—with those exceptions, the other essential parts appeared perfectly healthy—the immediate cause of death was congestion of the brain—the brain had been previously healthy—the stomach and bowels were healthy, and empty—she was in the first month of her pregnancy.
Q. What causes would produce congestion of the brain in a person having dilatation of the heart? A. It might come on by itself, by the operation of the heart alone—excitement of the mind will also cause it—a convulsion of the frame in a fight might cause it, or a struggle, or a blow on the head, heart, or stomach—it might be produced by a fall.
Cross-examined. Q. You found dilatation of the heart enough, without any other cause, to have produced congestion of the brain? A. I should hardly have expected death from the amount of disease I found alone—any little exciting cause would produce it—the only mark I observed was what I mentioned—I looked twice—I volunteered to go back and inspect again, and I did so on the day following.
COURT Q. If it had been occasioned by a blow do you think you should have discovered some traces of it? A. Not on the stomach—if it had been on the head I should have expected to find marks—I cannot say whether I should or not if it had been on the heart—the congestion might have been produced by the shock of falling.
MR. PRENDERGAST. Q. Is not a wheezing noise a mark of congestion? A. It is a mark of stertolous breathing, a very heavy one, with dilated nostrils, as if a person was using great exertion to breathe.
COURT. Q. If a person labouring under that sort of stertolous breathing from congestion were to fall, could they scream? A. No, nor cry out at all—I have seen persons die from congestion of the brain—a person labouring under that oppression which produces the stertolous breathing could not cry out at all.
MR. PRENDERGAST. Q. A faint scream, I suppose? A. Not any scream at all—they could not scream at all with a congestion of the brain
and a stertolous breathing—of course that would depend on the extent of it.
SARAH GREENWOOD . I am a widow, and live in East-street, Lambeth. The deceased was my sister; her maiden-name was Mary Ann Cotton; she was married, and her name was then Mary Ann Brown; she was about thirty years of age.
ANN WEAVER examined by MR. PRRENDERGAST. I knew the deceased perfectly well—a fortnight before her death I met her—she told me she was very ill, and ailing at the chest, she had a very bad pain in the chest—she complained very much, and appeared to me to be very ill—she said she was very ill, and was afraid she was dying, for she felt so ill—I was to go with her to the dispensary next day, if I was not at my work.
THOMAS HOBBS examined by MR. PRENDERGAST. I knew the deceased—I saw her about a fortnight before Christmas, as near as I can say, my wife invited her at Christmas, and she dined with us on Christmasday—she was very poorly indeed then—she ate a little bit of dinner, but ate nothing afterwards—she went to bed afterwards, and had two cups of tea about six o'clock in the evening—I never saw her afterwards.
NOT GUILTY .
Before Mr. Justice Williams,
ELIZABETH WATERS . I keep a beer and lodging-house in Ratcliffehighway—I have known the prisoner several years—he is a seafaring man—last Wednesday fortnight, he was lodging at my house, and had been for three or four days—that night he gave me this advance-note for 3l. 10s.—I advanced him 1l. 2s. on it—he told me to give the remainder, when I received it, to his sister, who is a widow with two small children—he left next morning—I took the note to Mincing-lane on the Monday following, but could find no such persons as Harris and Baynes there, nor any such number—I found Harris and Hickman—(note read)—"London, Jan. 21, 1845. Three days after the ship Maria, Captain J. Cumming, leaves Gravesend, pay to the order of Thomas Niker 3l. 10s., being one month's advance in part of his wages, provided he sails in the above-named ship this present voyage. Signed, James Camming, directed to Harris and Baynes, 44, Mincing-lane."
Cross-examined by MR. HORRY. Q. You have known him some years, I believe? A. Six or seven—I never doubted his honesty till this transaction, and never heard a blemish on his character—I do not know a person named Clark—it is the practice among seamen for certain persons called crimps to get them berths—I never knew such persons get advance-notes for seamen—they get them ships, and the sailor pays them five shillings for it—the prisoner did not tell me who he got the note from—I have seen him write—this note is not his writing—I know that he has a sister who is a widow with two children, who are quite destitute—I have advanced money to other sailors on such notes, but not to the prisoner before—they are given when a person gets a ship.
PETER SIEVERS . I am a clerk to Messrs. Symonds and Co., who keep a registry-office—I have been to the register-office of the Customs, and looked at the register for Jan.—I examined the outward shipping-book—it is a book kept at the Custom-house, in which you can see all the vessels that are entered outwards—it is open to the public—I looked at it without being shown it—I am acquainted with the mode in which outward-bound vessels are entered in the Custom-house—I have been to the book before, and know it is the book in which entries are made of outward-bound vessels—it is kept in the Long-room open in a desk, for any broker to see what vessels are entered outwards—it is not under the care of any clerk or person—you can go and see it without their seeing you.
THOMAS HOWARD . I am a clerk in the Custom-house, in the Collectors outward-office. There is a book kept there in which the names of vessels with their captains, are registered when outward-bound—that book is kept at an office in the outward department, in the Long-room—I, or other clerks in the department, make entries in! that book—I have searched that book—it does not appear that there was any ship called the Maria, Captain J. Cumming, outward-bound, on the 21st of Jan., or about that time—there was no such ship as the Maria, Captain Cumming, for Malta—I looked through all last year, and up to the present time—if a vessel had been outward-bound, it must have been in that book—it could not have cleared without—the notice is generally deferred till the last thing—there was a ship called the Maria, William Collins, master, for the Azores—she entered out on the 1st of January, and cleared with us on the 15th.
GUILTY. Aged 42.—Recommended to mercy, supposing him to be the dupe of others.
MR. BALLANTINE conducted the Prosecution.
JOHN BEALE . I am in the service of Mr. John Symonds; he is one of the company belonging to the Seaman's Registry, No. 12, Circus, Minories. I was at the office on the 17th of Jan.—the prisoner came there between ten and eleven o'clock, and produced this advance-note—he laid he had got a ship at last, and he would thank me to cash his note—I handed it to the cashier, and I saw him receive 2l. 2s. 3d.
Cross-examined by MR. HORRY Q. Do you happen to know whether any business is done by agents for seamen? A. Not at our office.
JOSEPH HART . I am clerk to Messrs. Ogleby and Moore, brokers, in Fenchurch-strect. I know Captain Goodwin well—this note is not his handwriting—Messrs. Ogleby and Moore are part-owners of the Jane—she was outward-bound for Malta, about the 16th of Jan.—she has sailed now with Captain Goodwin.
GUILTY . Aged 42.— Confined Two Years on each Indictment, but the Court recommended that the latter should not be carried into effect.
Before Mr. Justice Willams.
433. JAMES BRIDGMAN was indicted for stealing, on the 5th of Dec, at St. Giles-in-the-Fields, 1 plane, value 4s. 6d.; 1 jacket, 3s. 6d.; 3 chisels, 1s. 6d.; the goods of Charles White: 1 saw, value 5s.; 1 screwdriver, 2s.; 1 basket, 1s.; 6 chisels, 4s.; and 1 plane, 4s.; the goods of John Wilde: 2 pillows, value 5s.; 1 plane, 4s.; 2 saws, 10s.; I screwdriver, 2s.; 6 chisels, 4s.; and 1 tool-basket, 1s.; the goods of John Cross, in his dwelling-house; and afterwards, about the hour of four in the night, burglariously breaking out of the said dwelling-house; and that he had been before convicted of felony.
MR. HORRY conducted the Prosecution.
JOHN CROSS . I am a carpenter, and live in Titchbourn-court, Holborn. I know the prisoner—he called on me in Dec, 1842, thrice for work—I told him, the third time he came, that if he would call on the following Monday I would give him work—he came on the Monday afternoon, the 5th of Dec, between two and three o'clock—he had no tools with him—I told him I could not give him any work unless he brought his tools—he went away, to go to his lodging, in Old-street—he returned in about an hour and a half or two hours, and said his landlady was out, but be would go home to his father, at Poplar, and borrow some tools—he came back, and said his father told him to ask me to give him a night's lodging, at his landlady was out—I did so—he slept in the third floor front room by himself—about half-past six o'clock next morning my apprentice came up to me—I directly went with him to my workshop at the bottom of the house—I found the tools all confused, and the greatest part of the tools on the bench were gone—I missed two trying-planes, three saws, chisels, and screw-drivers; also, my apprentice's new flannel jacket, two baskets, and a news moo thing-plane—we also missed two pillows off the bed in which the prisoner slept—he was also gone—we have never found any of the things—I never saw the prisoner again till I saw him at the Thames Police-office in December last—I was taken there, and identified him—I am sure he is the man I let into my room—my house is in the parish of St. Giles-in-the-Fields.
Prisoner. He asked me to lodge there that night. Witness. I did not—he gave his father's compliments, and said he would be much obliged if I would let him sleep there—his father had worked for me for two years.
CHARLES WHITE . I am Mr. Cross's apprentice, and was so in Dec., 1842. I recollect the prisoner coming to my master's about that time for work—I showed him to his room on the third floor, and left him there—that was about nine o'clock—between five and six in the morning he was gone—I missed a saw and a new smoothing—plane and flannel jacket off my own, and some tools of my master's—I found the street door shut, and the shop door open—I had fastened it the night before—I went up, and told my master.
Prisoner. When I came down both the doors were wide open. Witness. A lodger of the name of Deverill was in the house that night—I did not see him when I got up—I saw him afterwards after breakfast—he never gets up early—nobody else lived in the house but my master and mistress.
Mr. Cross's service in Dec., 1842—I left a trying-plane, an orbit-plane, a long screw-driver, and sundry chisels in a basket belonging to myself—I missed them, basket and all, and have never seen them since.
HENRY PLOWRIGHT (police-constable K 106.) I was in the neighbour-hood of Bow-lane chapel on the morning of the 14th of Dec. last, about six o'clock—I heard sounds of distress from some person in the neighbourhood of the chapel—I ultimately went into the chapel and into the vestry-room—after some time I saw a man up the chimney, and saw his legs hanging down—he was groaning at the time—I tried to pull him down—I afterwards tried to force him up, but found I could not—I ultimately procured a crow-bar, and after demolishing about six or eight feet of the chimney I cut him out—it was the prisoner—he was quite insensible, and nearly dead—he remained so for some hours, and was taken to the London hospital—I made a communication to Mr. Cross—I afterwards examined the chimney-pot, and found it removed, and placed on another chimney-pot—he had stuck at the turn of the chimney about eight feet from the bottom.
Prisoner's Defence. I came down at half-past six o'clock in the morning; both the doors were open; the people were all about opposite Mr. Cross's shop, and if I had taken these things somebody must have seen me; I was going for my tools, and met another master, who asked me if I would like a job; I said, "Yes," for the one I had got was too far, to go from Black wall to Holborn, and I went to work for Mr. Cubitt, of Gray's Inn-lane, down at Reading gaol; from there I went to Oxford gaol to work; somebody must have known if I had the tools, or if I sold them; I have always been at home, and they might have come and taken me before this.
JOHN CROSS re-examined. Deverill is a bricklayer—he slept in my house that night—I went to his room about six o'clock in the morning, knocked at his door, and he came out in his shirt, and said, "What do you want?"—he was in bed—there was only me, the apprentice, the prisoner, and my wife in the house besides two children under four years of age—the prisoner has given a false account—I know his father perfectly well, and knew where his father lived—we went and searched his father's house—the prisoner was not there—I looked for him frequently—I took two or three journeys to Blackwall for the purpose.
GUILTY . Aged 24.— Transported for Ten Years.
OLD COURT.—Friday, February 7th, 1815.
First Jury, before Edward Bullock, Esq.
434. ELIZABETH BROWN was indicted for feloniously assaulting (with others) James Coop, on the 20th of Jan., putting him in fear, and stealing from his person, and against his will, 1 pocket-book, value 1s. 9d., and 8 sovereigns, his property; and beating, striking, and using other personal violence to him.
the 19th of Jan., I went into a public-home opposite St. Andrew's church, Holborn, a few minutes before twelve o'clock, and had some wine—the prisoner, who was there, solicited me to treat her with a glass of gin—she followed me up Holborn close behind, at my elbow, and kept asking me to treat her, and in turning up Gray's Inn-lane she was more pressing than before—I said if I was so disposed it was too late—she said she could get it at any hour at a gin-shop down the court there, and asked me to go in that direction—I did so, and at the farther end of the court is a dark passage—she immediately turned round, and said, "Come on," was not I going to have a glass of gin—I expressed a desire to return, but she immediately put one hand into my right hand waistcoat pocket, and thrust her other hand forcibly into my fob, and extracted from it a small paper parcel well bound round with thread containing eight sovereigns—it was done momentarily—I had put them into the parcel at twenty minutes past nine that night—I immediately accused her of robbing me, and got hold of her hand containing the parcel by the wrist—she made no answer till I repeated the charge, and at that same moment my hat was knocked off my head—I turned to the left, and taw I had a man to contend with—he put his right hand behind me, and the prisoner dropped the parcel containing the sovereigns into his open hand, which was beyond my elbow, so that I could see it—I still held the prisoner by the wrist—she said something to the man in a language I did not understand—I immediately collared him, at the same time holding the prisoner with my right hand—I called "Police" repeatedly—nobody came at the moment, but five other men came from the opposite side of the court the instant I hallooed, and commenced a furious attack on me with their fists right and left, and succeeded in liberating the two prisoners from me—the prisoner said something to the men which I did not understand, and they immediately set off running out of sight—she followed them, and I followed her—a policeman came and took her at the turn of the court—at the station I missed my pocket-book from my inside coat pocket.
Cross-examined by MR. PAYNE. Q. What are you? A. A printer, both master and journeyman occasionally—I had been at home all day with my family—I was not at church—I very rarely go to any place of worship—I expect God will punish me if I do not speak truth—I was indoors till twenty minutes after nine o'clock—I drank some weak gin and water with my family—I went into this public-house as it rained intensely—I went up the court with the prisoner from commiseration, as she said she was half starving—I got the sovereigns in my business, and put them into my fob for safety just before I went out—I had been to see a young woman part of the way home who came to see my wife, and I lent her my umbrella—I called in Farringdon-street as I returned, but my friend was out, and I was returning home—I did not see the men till after I was robbed—I cannot say how the prisoner knew the money was in my fob—perhaps she thought I had a watch—her two fingers would go into my fob—I have been tried myself in the New Court for swindling one Dingley out of 24l. 10s.—there were two charges on that occasion, the other was by a different prosecutor—I was acquitted of both—the parties could not bring it home to me—I was never in custody on any other occasion.
into my custody for robbing him of eight sovereigns—she denied it, or having been in his company.
JURY. Q. Did you see any men running away? A. No.
NOT GUILTY .
Before Mr. Baron Parke.
435. GEORGE HANKINS and HENRY JOHN CRAWCOUR were indicted for feloniously breaking and entering the dwelling-house of James Starke, on the 12th of Jan., at St. George's-in-the-East, and stealing therein, 1 time-piece, value 2l.; 1 cloak, 1l.; 1 cape, 5s.; 10 spoons, 8s.; 1 umbrella, 2s. 6d.; 1 brush, 4s.; and 1 brooch, 3s.; his goods.
JAMES STARKE . I am master of the Middlesex Society School in Cannon-street-road. On Sunday, the 12th of Jan., I left the school about six o'clock in the evening—I went to church with the boys. I locked the door, and gave the key to my wife, who went to Trinity Episcopal chapel, opposite the school—I left nobody in the house—I returned about half-past eight—my wife had not come home—I stood at the gate till she came and opened the door for me—she called me to get a light, and we found the front room strewed all over with papers—two tea-caddies were broken open, also two trunks, and their contents strewed about the room—I missed a time-piece from the house, a brown cloth cloak, with a cape, an umbrella, a clothes-brush, a brooch, seven Britannia-metal and three silver tea-spoons—the two room doors upstairs had been locked, and the keys taken out—they were found wide open—a person at the corner of Chapman-street, if he stood within five or six yards of the corner where the lamp-post is, might see my house door—they must have opened the door with skeleton keys.
Cross-examined by MR. CLARKSON. Q. I believe it was your impression, before the Magistrate, that by standing by the lamp-post you could see your door? A. That was my impression—I have since tried, and when I found it was not so, I wrote to say that I could not—it was my impression that the lamp-post was on the opposite side of the street, but I found it was not—no person standing against the lamp-post could see the door.
EDWARD CUMMINGS . I live in Baker-street, St. George's. Before the 12th of Jan., I worked for Mr. Shaw, at the corner of Salter-street. On Sunday night, the 12th of Jan., about eight o'clock, I was standing at the corner of Chapman-street, Cannon-street-road, on the same side of the way as the lamp-post—I was not near the lamp-post, but standing against where the barrow stood—I could see the door of the school-house, and saw Mr. Crawcour come to the door with a light—he stood against the door inside, and had a candle in his hand—he looked about, then went in again, closed the door, and let two men out—one was the prisoner Hankins—I knew Crawcour, the Jew, before, about Cross-street—I knew Hankins before, about there—he had a bundle with him—the other man had nothing—they went down William-street, and about two minutes after, Crawcour came out after them—I knew both the prisoners before by sight—I had seen them together two or three times walking up and down Cannon-street-road, and Salter-street.
Cross-examined by MR. CLARKSON. Q. How came you there? A. I was standing there with a nut-boy who is here—I have seen Crawcour walking up and down past the door several times with Hankins—nobody was with me when I have seen them—I was in Mr. Shaw's service at that time—I lived with a Mr. Allen—he never charged me with telling lies—I
know Mr. Wilmot—he never told me I had been telling lies—I was never on the toll with him—Allen turned me away for being saucy—I have been saucy to him two or three times—it was not raining on this night.
Q. Now his lordship has heard what you said before; were you not standing against the lamp-post for a quarter of an hour when you saw what passed? A. I was not standing against the lamp-post at all—I was standing with the nut-boy where I could see the door—I knew the Jew's face as soon as I saw him—I knew something wrong was going on—I said nothing at all about this when I saw it—the nut-boy did not stay there long—he soon packed up his stool and went in—he staid as long as I did—I know Woolman, the toll-collector—I stopped one night at the toll-house with Mr. Walker—I was not caught there talking to a girl of the town—Allen caught me talking to a little girl one night—she lives now in the house I do, No. 17, Patriot-street, with my parents—Allen scolded me for talking to her—he said it was not proper to stop on errands so, and if he caught me doing it again he would sack me.
Q. On your oath, did you not tell Mr. Woolman you were afraid you had made a mistake about Mr. Crawcour? A. I did not—he said, "If I was you, I would take and say so"—he collected the toll at St. George's-gate—he was down the New-road—I was coming the same way—he said, "Halloo, you are going up against Mr. Crawcour?"—I said, "Yes"—he said, "If I was you, I should say I had made a mistake in the man"—I said, "I don't know, I shall have nothing to say at all about that; I shall only say all I have seen"—I now live with a butcher in Chapman-street.
CORNELIUS FOAY (police-constable H 98.) I apprehended Hankins on the morning of the 18th of Jan.—I told him he was charged with breaking into the house—he asked what time it was—I said between six and nine—he said he was innocent, and could prove where he was—I sent for Cummings, and he made the charge against him.
Cross-examined by MR. PAYNE. Q. Before he knew the time, had he not said he knew nothing about it? A. No, he asked the time, and then said he was innocent.
WILLIAM ARGENT (policeman.) I took up the prisoner Crawcour on the 18th, I told him the charge, and that it was between six and eight o'clock on Sunday evening—he said he would prove that from six to twelve he was at the house where I took him, No. 6, Suiter-place, Cannon-street—I sent for Cummings, and he said, "That is the man."
Cross-examined by MR. CLARKSON. Q. Had you any Warrant? A. No—my beat is in Cannon-street-road—I had been on it for a fortnight or three weeks before the robbery—Crawcour said, "Do you know me?"—I did not know him—I went to the nut-boy's house two or three times—I did not see him—I have seen him since at his nut-stall—I did not see him before Crawcour was held to bail, and could not tell the Magistrate I had seen him.
EDWARD BROWN . I am twenty-one years old; I sell nuts and oranges. On Sunday night, the 12th of Jan., I was at the corner of Chapman-street—Cummings was not with me—I did not perceive him till about nine o'clock—I was within a yard or two of the lamp-post—I did not see anybody come out of the school-house, or go in, except the children—I did not see the master or mistress return—I could not exactly see the door, because I stood at the corner—I saw Cummings once, I believe, during the evening, but not at eight o'clock—it was earlier—he pawed by me once,
that was all, till about nine o'clock, when he came to me when the police-men were in the house, and a mob collected outside, and asked me what was the matter—I told him I understood there had been a robbery, but whether it was true I did not know, they said there were policemen in the house—nothing more passed that evening—I packed up my things, and went home.
Cross-examined by MR. CLARKSON. Q. This was after nine o'clock? A. The clock had struck nine—there was a very heavy rain that evening about six o'clock—I believe the rain went off in the course of the evening, but it continued to mizzle during the evening; it was a sort of Scotch mist at eight, not raining—it would be very inconvenient to hold a candle out of doors—Cummings did not say anything to me about seeing anybody come out of the house—he appeared not to know anything about it—I believe the policeman H 120 called on me twice after this charge was made against Crawcour, but I did not see him; I was not at home—I saw him on the Sunday following the robbery, (the 19th,) but he was in private clothes, and I did not see his number—I told him what I have to-day—I was not summoned to attend the Magistrate.
Q. Did you see anybody besides Cummings about there from six to nine o'clock? A. I did not notice anybody in particular—persons were walking about—it is a public thoroughfare.
JURY. Q. Could Cummings have stood on the opposite side of the street for a quarter of an hour without your knowledge? A. That I will not pretend to say, but I think if he had stood there I should have observed it—I had no reason to look after him.
MR. CLARKSON. Q. Is there any lamp-post on the opposite side of the street? A. No, no post; there is a lamp over a door—there was no barrow there but mine.
EDWARD CUMMINGS re-examined. I first told that I had seen Crawcour come to the door, on the Monday, to one of the school-boys—I said, "Your master got robbed last night"—he said, "Yes," and he told his master of it, and Argent sent for me—I went to him about nine o'clock on Monday night—I told him what I have said to-day—I said I was at the corner of Chapman-street, and saw this man come to the door with a light, and soon afterwards he opened the door and let two men out.
WILLIAM ARGENT re-examined. He told me on the Monday he had seen a man at the door—I did not take him before the Magistrate, because he said three parties came out of the house, and he knew them; he had seen one before, and one was a Jew—I mentioned it to my inspector—he did not tell me the persons' names—I discovered that Crawcour was suspected on Saturday, the 18th.
MR. CLARKSON. Q. Was it you went to Brown's house on Sunday? A. No, nor did I send—I went to his house, but could not find him till Sunday, the 19th of Jan.—he was there with his nuts—that was the Sunday after I had apprehended Crawcour on the Saturday—he did not tell me it was a rainy night—I asked if he knew anything of the robbery over the way—I did not tell the Magistrate on Monday that I had seen him—Mr. Crawcour had been committed then.
MR. CLARKSON called
one of them—I believe he is a surgeon—he was at that house on Sunday evening, the 12th of Jan., from two till half-past nine o'clock—he went out at half-past nine, and returned in a quarter of an hour—my wife was at the house at the time—she is now confined.
COURT. Q. You are sure it was half-past nine? A. Yes—I am sure he was there after eight o'clock—he never left my presence till half-past nine—Maria Mudge lives at the house—her parents live in Little Turner-street, close by—none of her family live in the house—she is living with Mr. Crawcour, not at bis own house—he is in practice as a surgeon.
ROBERT WOOLMAN . I am a toll-collector at St. George's-gate, Cannon-street-road. I know Cummings—I did not tell him he had better say he had made a mistake about Mr. Crawcour—I met him at the corner of New-road, between twelve and one o'clock at night, last Wednesday week, and said, "Halloo, young gentleman, what do you do out at this time? it is late to be out"—he said, "I am frequently out as late as this, I have been check hunting at the Pavilion theatre" (to get a check from somebody who came out of the house)—I said, "What did you do riding up with that cab the other morning?"—he said, "I have a case on at the Thamespolice"—I said, "What is it about?"—he said, "For robbery; did not you see that swell inside? that was one of them"—I said, "Why he is a gentleman, a surgeon, living in the Highway, you most be mistaken"—he said, "No, I am not mistaken"—I said, "I think you are, he is a gentleman, and has plenty of money, and would not do such a thing"—he said, "Well, as I have said it, I had better stick to it, had not I, Mr. Woolman?"—I said, "No, I would not if I was not sure"—that is all that passed—I did not try to persuade him to say he was mistaken.
EDWARD BROWN re-examined. The policeman came to my mother's during the week, but I was engaged with my brother in Quaker-street, who minds a small general shop—I do not sell nuts every day, and was not selling them all that week—I was in the same place on Sunday—I stand there every Sunday—it was known where I was.
WILLIAM ARGENT re-examined. I inquired at Brown's mother's, and was told he was not at home—she said, "It is quite uncertain when he will be, he travels down the country"—I went several times, but could not see him till after the prisoner was committed.
Cummings's deposition being read, stated that he was standing at the corner of Chapman-street against the lamp-post when the persons came out.
(Several respectable witnesses gave the prisoner Crawcour an excellent character.)
NOT GUILTY .
Before Mr. Baron Parke.
JAMES WHEATLEY . I am going on for fourteen years old. On Tuesday evening, the 17th of Dec., I was returning from Hoxton Old Town, and met the prisoner at the Wool pack, in Kingsland-road Not I had not known him before, but am sure he is the person Not he said, "My lad, if you will take this note to Mr. Barker's, in the Hackney-road, I will give you a penny" Not I took the note to Mr. Barker's—the prisoner followed me—I went into Mr. Barker's shop—he walked up and down while I went
in—he told me to wait for an answer, if I got any answer I was to meet him at the corner of Thomas-street—I took the note into the shop, and gave it to Mr. Barker—he gave me a looking-glass after he had read the note—I took it to the bottom of Thomas-street—the prisoner was walking up and down—he came up to me, and I gave him the looking-glass—he said he wanted it for one of his customers—he afterwards gave me the glass again at the bottom of Maria-street—I carried it as far as Mr. Howes, the pawnbroker's, in Kingsland-road, and gave it him again there—I did not see whether he went into Mr. Howes's shop—I saw him afterwards without the glass.
WILLIAM BARKER . I am a cabinet-maker, and live in the Hackney-road. On the 17th of Dec. Wheatley came to me with this note, signed, "William Ranger," who is a customer of mine—I gave a looking-glass to Wheatley, in consequence of reading the note.
WILLIAM RANGER . I am a customer of Mr. Barker's. This note is not my handwriting—I did not authorize the prisoner to obtain a lookingglass for me—I have a slight knowledge of him—he once worked for one of my carvers in the shop, and would know that I did business with Mr. Barker.
Prisoner. Q. How was I to know that? A. You went with my apprentice backwards and forwards to Mr. Barker's with the truck—the apprentice has told me that you frequently went with him.
Prisoner. It is false.
JOHN NEALE (police-constable N 66.) I took the prisoner into custody on the 18th of Dec., and took him to the station—the inspector told him he was charged with obtaining a number of looking-glasses by means of forged orders—he said, "How can I forge orders when I cannot write?"—I once saw the prisoner write his name—I cannot tell whether this order is his writing—(the order was here read.)
Prisoner. I am not in a fit state to make a defence.
GUILTY .* Aged 19.— Transported for Seven Years.
(There were two other indictments against the prisoner.)
Before Mr. Baron Parke.
went into the parlour, and began reading my Bible—I shut the parlour door, and in about an hour, about half-past seven, I was disturbed by the prisoner opening the parlour door, which opens to the kitchen—there is a door which leads into the washhouse, and one from the kitchen into the yard—the prisoner had a candle in his hand lighted, but no candlestick—I said, "What do you want here?"—he drew back, and shut the door—I opened the door, and saw two men in the washhouse—he was one of them—he had gone through the kitchen into the washhouse—he still had the candle in his hand—the other man was unbolting the door leading into the yard—he opened it, and they went out, and ran off, leaving the doors open—I bolted the doors, and, being frightened, went to the front door, and stood there till my father and mother returned from chapel, about a quarter past eight—I then went up stairs with my mother, found the drawers taken out of the chest, and the property mentioned lying about, which had been safe before—an iron chest which my father keeps his money in was moved from the cupboard, and laid on a green shawl of my mother's—I saw Frith, the policeman, and told him what had happened, and described Robinson to him, about twenty minutes after my mother came in—he took me to the beer-shop next door—I went into the tap-room, and saw the prisoner—I knew him at once as the person who came into the parlour, and he was taken in charge.
Cross-examined by MR. PAYNE. Q. Did you go to sleep while you were reading? A. No—my mother had told me not to be afraid, as there were noises on both sides the house, the public-house and the other side—I heard noises, but did not know what they were—the policeman lives on one side—I had never seen the prisoner before—I was by the fire—the door opens opposite where I sat—there is a front and an inside door to the parlour, but no passage—the back door of the parlour, which he opened, leads into the kitchen—it opens into the parlour towards the fireplace—I looked up, saw his face, and he went away in a moment—I did not see his hands—I saw his face, and he had a lighted candle—I followed into the kitchen directly.
MR. DOANE. Q. Have you any doubt he is the man? A. He is the man.
LUCY PAUL . I left all the windows safe in my rooms up stairs this evening, when I went to chapel with my husband, and the property all safe—the back window has no fastening, but was shut down close—when I returned I went up stairs, and found the back window open—one drawer which had been locked, was forced, and taken out—the property mentioned was removed—I have lost nothing but a gold brooch, worth 25s.—the lock of the iron box had been tampered with by some instrument—the brooch was kept in the locked drawer—I value it at 25s.—my gowns were worth 4l.—the iron chest cost about 3l.
Cross-examined. Q. You have not found the brooch? A. No—I saw it safe about a week before—I had put it on a cushion into the drawer in a box—I am sure the window was shut close down—I took my son up stairs, and we both saw it was shut—I was very particular in closing the house.
FREDERICK FRITH (policeman.) I was called by Mrs. Paul, a little after eight o'clock this evening—I went into the house, and saw the property removed, and the back window open—I got from Paul a description of the man he had seen, in consequence of which I took him to the public-house
next door, about half an hour after—I stood in the passage while he went into the tap-room—he pointed the prisoner out, and I took him—I live next door to Paul on the other side—there is a wall six or seven feet high, between the public-house and Paul's yard.
Cross-examined. Q. You did not find the brooch on him? A. No, nothing but 4s. 4d.
ROBERT BUTCHER (police-sergeant.) On the following morning, about eight o'clock, I examined these premises—there were marks of the mortar being broken on the tiles of the washhouse—there is a path and border in the garden—there were footmarks from the washhouse up to the wall of the beer-shop—the left footmark was more plain than the other—I took a pair of shoes off the prisoner's feet at the station—the marks appeared to correspond with his shoes, which I have here, particularly the left foot—in my judgment it corresponded before I touched it—I afterwards melted some lead into the footmark, and have the impression here—I did not put the shoe down into the mark—I examined the nail-marks in the impression before I melted the lead into it—it appeared to correspond—the earth was more solid where I found the best impression—I do not recollect whether it rained the night before—I found a piece of candle lying on the border near the footmark.
Cross-examined. Q. Who was present when you made the examination? A. All the witnesses, I believe—Frith melted the lead—I have been a witness here before—I was examined in the case of one Midgley, who was tried for a capital offence and a misdemeanor—he was acquitted on both charges—my evidence in that case was not ordered to be struck out, to my knowledge—it was not sufficient to convict.
MR. DOANE. Q. Are you still a sergeant? A. I am—I have been in the police eleven years—I produce the leaden impression.
MR. PAYNE called
FREDERICK BAKER . I am a labourer, and live at Tottenham. On Sunday evening, the 12th of Jan., I was at the Fountain beer-shop, kept by Packman—I went there a little after five at first, and it was pretty near ten o'clock when I went away—I know the prisoner—he works for Mr. Clark, a well-borer—I saw him there at a quarter past six—I should say he remained there till half-past seven, or a little later—I did not see him go out, but saw him come in again with a newspaper, and a pint of beer in his hand—I cannot say how long he was absent—he sat down by me, and drank it—it might then be eight, or a few minutes after—he came in the front way—the bar is at the front door—he remained there till the police, fetched him out—I was present—it was nearer eight than seven when he went out, I believe, but I did not see him go out—he came in almost immediately after I missed him.
MR. DOANE. Q. Did the prisoner come in alone? A. Yes—there were a great many persons in the tap-room, but only me and another when the policeman came.
Q. Who went out first after the prisoner came in? A. William Fosket, who had come in with me to have a pint of beer—the prisoner went out before Fosket—I cannot say how long he remained after the prisoner—I did not see Fosket go out.
Q. Did not you miss the prisoner directly after Fosket went out? A. I do not recollect anything about that—I cannot say at what time Fosket
went out—he drank with me while I was waiting there for King—I did not take further notice of Fosket, and cannot say when he went out.
Q. What part of the tap-room did the prisoner go to when he came in? A. He sat opposite me when King came in—King is a grave-digger—I have no work now—I had been digging graves with King—I had work a fortnight ago at the Asylum, at Tottenham—I was never charged with felony; I was tried for a rape, but it was false—I was sent to the Penitentiary for three months—I was tried here—I was never charged with any other offence.
WILLIAM KING . I live at Tottenham, and dig graves sometimes. On Sunday evening, the 12th Jan., I went to Packman's beer-house about seven o'clock, and found the prisoner there in conversation with two others—he remained there till about a quarter to eight, or it might be twenty minutes, I cannot say exactly—I saw him there again a little after eight—he brought in a pint of beer and a newspaper, sat down, and read it—as near as I can recollect he had been absent seven or eight minutes—I left him there a little after eight.
MR. DOANE. Q. Was Fosket there? A. I saw him come in once after I was there—I did not notice the time I saw him come in—I saw the prisoner come in—he came in before Fosket—I did not see Fosket after that—Fosket came in to light his pipe, and went out—that is all I saw of him—I did not see him drinking with the prisoner—the prisoner went out some time after Fosket—there was no clock to tell the time—Fotket went out first, and the prisoner some time after.
MR. PAYNE. Q. You did not come in till seven o'clock? A. No—whether Fosket had been there before I cannot say—I only saw him come in once—I was not there at five o'clock.
WILLIAM FOSKET . I am a carpenter, and live at Tottenham. On Sunday, the 12th of Jan., I went to Packman's beer-shop, a little after five o'clock, with Baker—I saw the prisoner there about a quarter-past six—I remained there till about seven, and was then absent about half an hour or twenty-five minutes—when I returned I found the prisoner still there—it was then about half-past seven, or twenty-five minutes past—he left five or ten minutes after—it might be longer—I should think it was about twenty minutes to eight when he left—I went to Miller's for half an ounce of tobacco, four or five minutes after the prisoner left—it took about three minutes to go there—I then went to the White Hart, at Tottenham, by the nursery-ground—I saw the prisoner there—it was then about a quarter or twenty minutes to eight—he asked me if I had got any pokus, which means tobacco—I gave him a pipeful—he lighted it, and went out—Daniels, the pot-boy, was there—we remained there till after eight, but the prisoner went away directly he lit his pipe.
MR. DOANE. Q. Who do you work for? A. Mr. Clarke—I have not worked for him for thirteen weeks, as I fell from a scaffold at Mr. Simmons'—the prisoner left the beer-shop at half-past seven—I saw him leave first—I remained there two or three minutes after he left—I am quite certain of that—I cannot be mistaken—Baker drank with us, not after the prisoner was gone—I left the beer-shop the first time about seven, and the second time about twenty minutes to eight—the White Hart is 200 or 300 yards from Paul's house—the police came to my house about this.
MR. PAYNE. Q. Is your father a carpenter? A. Yes, and works for Mr. Clarke now.
THOMAS DANIELS . I am doing nothing now. On the 12th of Jan. I was potboy at the White Hart—I had been there about ten weeks—I saw the prisoner there that night, about a quarter or twenty minutes to eight o'clock—he came to ask me if it was not time to take my beer out—I saw Fosket there—I looked at the clock when he asked the question—the prisoner staid there two or three minutes.
MR. DOANE. Q. How far is your house from Paul's? A. I should say 300 or 400 yards—it might not be so much.
Thomas Clarke, a wellborer, of Tottenham, gave the prisoner a good character.
GUILTY . Aged 24.*— Confined Eighteen Months, the last week of the twelfth and last month solitary.
Before Mr. Justice Cresswell.
MR. RYLAND conducted the Prosecution.
JONATHAN FIMISTER . I am clerk to Robert William Kennard, ironmonger, No. 167, Upper Thames-street. The prisoner Ashley came to me on the 20th of Jan., and presented an order for three stoves, dated 18th Jan.—he was alone—this is the order—(read)—"18th Jan. 1845. Please send three 18-inch pantheon stoves. J. BOLTING."—Bolting was a customer of ours—we inquired of Ashley whether it was intended to be stoves or metal unmanufactured, as Mr. Bolting always had metal, not stoves, fitted—he said he would go back and inquire—he did so, and in about three hours returned, saying they were to be stoves—at that time he said Bolting's lad would come and sign for the three stoves—I did not see the other prisoner outside—the stoves were delivered to Ashley—he did not sign the book himself, but said Bolting's lad would come in and sign for them—Allen came in while I was talking to Ashley—he signed the book in my presence, and both went away with the stoves in a truck—I have the book here—my fellow clerk wrote the body of the receipt in ray presence—it is signed "Wm. Davey."
Cross-examined by MR. ADOLPHUS. Q. All Allen had to do with it was signing the book? A. That is all he did in my presence—I had the order in my possession before he came in—I have known Allen several years, coming from a customer of ours—I did not know his name—it did not occur to me but what he was Bolting's lad, his face was familiar to me coming to the warehouse—if I had reflected I should have recollected he was not Bolting's lad.
JOHN BOLTING . I am an ironmonger, and live in Union-street, Middlesex Hospital. I am a customer of Mr. Kennard's—this order is not my writing—I never authorised Allen or anybody to present it—neither of the prisoners were in my service—I know nothing of them.
Ashley's Defence. I was engaged by a boy in James-street, who said he would give me 3d. to go on an errand, as he had to go to Eyre-street-hill; I asked why he could not go, he said he had not time; I said I would go if he liked; he said he would meet me in Thames-street, and
told me to tell them, if they asked anything, that Bolting a boy would come in and sign the book.
NOT GUILTY .
OLD COURT.—Saturday, February 8th, 1845.
Second Jury, before Edward Bullock, Esq.
439. JOHN GOUGH was indicted for unlawfully obtaining 2 half-crowns, and 5s., of John Wilson, on the 3rd of Sept., by false pretences; also (or obtaining, on the 2nd of Oct., a £10 bank-note, the property of John Hall, by false pretences, to both of which he pleaded
GUILTY . Aged 38.— Transported for Seven Years.
GUILTY . Aged 35.—Recommended to mercy, being in great distress.— Confined One Month.
441. EDWARD SETTLE was indicted for burglariously breaking and entering the dwelling-house of Samuel Drewell, about the hour of twelve in the night of the 11th of Jan., at St. Marylebone, with intent to steal, and stealing therein, 1 bird-cage, value 1s., 12 pence, 330 halfpence, and 300 farthings, his goods and monies; and GEORGE PALMER , for feloniously receiving the same, well-knowing them to have been stolen.
SAMUEL DREWELL . I live at No. 6 1/2, Bowling-street, in the parish of St. Marylebone. I am the housekeeper—on Sunday morning, the 12th of Jan., about half-past four o'clock, I came down stairs, and discovered two of my bird-cages had been taken off the nails on which they hung, in the shop where they usually were, and were standing on the table, and the birds were gone—I also missed a bird-cage, and when I came to look round, I found that my till had been opened, and about a pound's worth of copper money gone—it consisted of halfpence and farthings—I had locked it myself about ten o'clock the night before, just before I went to bed—the door between the dairy and shop was open—that was fastened the night before—it was locked I believe, but I am not positively certain—I know it was closed and shut, and I believe it was locked inside—we generally lock it inside—that opens into the dairy—there is a door that opens out of the dairy into the yard—I found that door ajar—I saw it shut at ten o'clock over night, but not fastened, only on the latch—I know the prisoners—Settle lived about four doors off in the next street—about two o'clock on the Sunday afternoon, I saw Mrs. Palmer, the mother of Palmer—I went with her to her house in North-street—I found a box there, and in it I found my birds, and the cage that was taken—I found six birds in it—I firmly believe them to be mine—I can positively swear to the cage—this now produced is it.
JURY. Q. On which side of Bowling-street is your house? A. The right, at the corner of the Mews—my street-door opens into the Mews—it was not that door I found open—it was an inside door—I imagine the thieves got in at the back—Settle's window opens into my yard—it is a very easy communication—there would be no more trouble to step out of Settle's house than out of the Jury-box.
JOSEPH WRIGHTSON . I am a hawker, and live in Brook-street, Hampstead-road. On Sunday, the 12th of Jan., the prisoners came to me with another boy, named Spencer—I knew Spencer and Palmer—they had two canaries in a cage, and asked if I would buy them—I would not—Settle asked me if I would buy seven cock canary birds that he had got at home—I said I would if he would bring them—he said he would bring them on the Sunday following—he did not come—the policeman came, and I gave him information of what had passed—on that same Sunday I met the two prisoners about two o'clock in the afternoon—I spoke to them, and Settle ran away—I informed Palmer what had happened—he said he knew all about it, that the birds were at his mother's, and he told me to go and tell his mother to take them back—he said at the same time that he did not know they were stolen—I went to his mother's, and saw her—I should not have known where the birds were if Palmer had not told me that—I afterwards told Palmer what had passed between his mother and me—Settle was with him—I told him I had told his mother to take the birds home—he said he was very glad of it—I asked Settle about it—he said it was him that did the robbery—that he got in at a window at the back of the premises, that he reached through the panel of the window, got the key out, opened the door with it, walked in, and took 14s.—Palmer was by at the time—he said to Settle, "You have got me into a nice trouble"—Settle replied, "Oh, I won't get you into trouble, I will go and give myself up."
Settle. In his first evidence he stated that Spencer and I came up with the birds to his place. Witness. Yes, that is right, all three of them came.
Palmer. You stated at first that Spencer and Settle came to your place with two hen canaries, and offered them for sale as two cocks; if I was with them, why did you not say so.
Witness. You were with them—I did not go and have any bread and meat with Settle on Sunday night—I had bread and meat along with Spencer before you and Settle came—you came to the bouse where we were—I did not see the birds in the box at your mother's—I did not go into the room—I only told her where they were.
JURY. Q. Why did you refuse to buy the birds? A. Because they wanted to take me in with them—I hawk vegetables.
WILLIAM PENN . I keep a coffee-shop in Marylebone-lane. On Sunday morning, the 12th of Jan., Settle came to my place with a parcel under his arm—I did not see what it was—it was tied up in a wrapper—he left it there, and asked me to take it for him—he afterwards came for it, in company with Palmer, took away the prcel, and they went away together.
STEPHEN PERDRIAN (police-sergeant D 16.) On Sunday morning, the 12th of Jan., I went to the prosecutor's house—I saw some marks on the top of the wall that bound Settle's premises and Mr. Drewell's—I afterwards met Settle in Henry-street, Hampstead-road—he said he gave himself up for the robbery in Bowling-street—I told him I had been looking after him since Sunday—this was on the Tuesday—he said he knew about it—at first he said, "I know nothing of it"—he afterwards said that Palmer had got the money.
Settle. Palmer is perfectly innocent; I have nothing to say For myself.
Palmer's Defence. On the Saturday night I was at the witness Penn's till a quarter to twelve o'clock; I went home, and on Sunday morning, about half-past eight o'clock, Settle came round to me, and asked if I would mind six canaries and a cage for him till the evening; I said, "Where did you get them from?" he said he bought them in Covent-garden; I said I would; I went with him down to Penn's shop; he had them there wrapped up in a rug; I took the rug off, covered a handkerchief over the cage, and brought it openly through the street, which I should not have done had I known them to be stolen; I then went back to the shop to Settle, and we went out together for the day; in the evening we went to Wrightson's; Spencer was there; he said, "I have something to tell you;" he walked out and told me of the robbery, which was, I declare, the first I knew of it; I asked what I had better do; he said he did not know, perhaps Wrightson could tell me; I went back, and he was going to tell me the same as Spencer had; I said I did not wish to hear it over again, but I wished to know what I had better do; he said he could not tell me; I said I wished the birds sent back, but before my mother could take them Mr. Drewell had beeu there and got his birds; Wrightson said to Settle, "As you have got the money, let us have something to drink;" Settle said, "We do not want any;" he said, "If we do not have something to drink, you shall not walk above a dozen yards from me;" we then parted; I said I was going home; Spencer said, "You had better not go home, unless you want to be taken into custody;" I did not want that, and kept out of the way; Wrightson told Penn if he would tell him what he knew about it he would give him 3s. out of his own pocket, and he would have 3s. 6d. a day here; and he said, "If you say as I do, we shall make a tidy thing of it;" when Settle gave himself up, Wrightson told him to say that he knew nothing about it himself, no further than that it was me and Spencer that committed the robbery, and that I had the money.
SETTLE— GUILTY .—Recommended to mercy,— Confined Twelve Months
PALMER— NOT GUILTY .
Before Mr. Baron Parke.
MR. CLARKSON conducted the Prosecution.
CHARLES CHURCHILL . In 1837 I was a farmer at Ruislip, and still. I had a boy named John Brill, in my service in 1837—on Thursday, the 16th of Feb., I went to Uxbridge market—I saw Brill before I went—I had a wood belonging to my farm, called the Young wood—it was in my occupation—about half-past nine o'clock in the morning I sent Brill with three cows into the meadow, with a bill and a glove to fill up the gaps in the meadow, in the path leading to my house, and then to go into the Young wood, to watch the wood, that the underwood should not be stolen—it had been cut a few days before—I told him to watch the wood till towards one o'clock—I told him if any one came to cut it, to let them cut it, and take what they thought proper, as long as he got near enough
to see who they were, for I thought it would not be a stranger—he dined at my house of a day at one o'clock—he was to go home to his dinner at one at my house—as I was going to market, in consequence of something I heard at the Six Bells, I went to the meadow to see after the boy—I found him at his work in the meadow where I had sent him, filling up the gaps—I should say that was about half-past ten in the morning—I never saw him after that alive—he was then in good health—he was fifteen years of age—I returned from market at three—I used to return at any time I could get my business settled—the boy ought to have been at my gate on my return to let me in—it was his habit to let me in—he was not at the gate—I thought it very strange that he was not there, and I directly went into the wood to search for him—I was alone then—I could not find him—there are four woods, the whole of them making 132 acres—three of them are about an equal size—one is a very small one, about six acres—there was a good deal of underwood in the wood—he was only to watch the Young wood—it is standing, growing wood—I could not find anything of him on the Thursday, and came home—I directly went to his father, who came directly, and he, and me, and another man, went into the wood to search for him again—we continued searching the wood till between nine and ten—it had been dark a long time then—we searched for hours after dark, but could not find him—we searched again on Friday morning as soon as it grew light, but did not find him—there was no search on the Saturday—I proceeded to search again on the Sunday—I cannot tell the names of the persons who were with me—Lavender was one of them, and the boy's father—we began to search at half-past eleven—we had not been searching more than half an hour when Lavender cried out, "Murder here!"—I went to the spot, and found the boy lying on his back in the wood—it was a very thick, high place, high standing wood—it was all leaves and moss where he laid—it was a soft place—he was dead—I saw that his front teeth were knocked out—the glove was lying at his feet, and the bill too—his cap hung on a bush close to him, about four feet from the ground—there was a bough hanging over his head, belonging to a small tree that stood at a distance from him, but the branch hung over him—the body of the tree, was, I should say, six feet from him.
Q. Have you any recollection of the thickness of the bough, so as to form any judgment whether the boy might have fallen from it? A. It would not bear him—it was about ten feet from the ground—the ground on which he lay was soft—Lavender lifted up the body—I saw the blood running from his ear—the boy was taken away to the Six Bells, on Ruislip-common—I went into the wood again about ten on Monday morning—I saw there had been some underwood cut in the wood, between twenty and thirty yards from where I found the body.
Cross-examined by MR. WILKNS. Q. I believe you told this poor boy that if he saw anybody cutting the wood, he was not to interrupt them? A. I did—he was to allow them to cut it, and go away—it was nearly ten on the Thursday morning that I went across the wood to see after the boy, a man, named Medhurst, came out, and said, "Churchill, did you hear a gun go off over your cover?"—in consequence of that I went into the wood to see—I had not heard any threats against the hoy from James Bray and young Lavender—the boy told me they had threatened him—that was because he had given information against them for poaching—that
young Lavender was one of the sons of the man who found the body—I think I had been as much as half an hour in the wood on the Sunday before old Lavender found the body—I did not see the prisoner assisting in searching in the wood on the Sunday, nor on the Friday—I had had my underwood cut and stolen a few times.
MR. CLARKSON. Q. Where is young Lavender now? A. I do not know.
COURT Q. Supposing a person had dropped from the bough of which you speak, was the ground such as to receive any impression? A. Yes, it was soft enough to have left an impression—there was no impression at if of a body falling—I examined to see—I could not see any marks as if of scuffling, or anything of that kind about the place where the body lay—I examined to see.
JAMES LAVENDER I live in the parish of Ruislip. I knew the boy, John Brill, very well, and his father—I remember the time when he was lost—on the Sunday morning after he was lost I went into the wood to search for him—the others had gone before me—I searched in the Young wood, and found the boy's body—I hallooed out, "Murder here"—Mr. Churchill and all the people, hearing me, came running up to the spot—I lifted up his body, and put it on my shoulder—some blood dropped out of his nose and ear—I carried him towards the Six Bells as far at I could, and then some of the others took him—I saw the body at the Six Bells—it was the body that was afterwards examined by Mr. Norton, the surgeon, at Uxbridge—I noticed the spot where I found the body—it was a soft-surface of moss and leaves, at the side of a little bush—his cap bung on the bush—his glove laid by his side, and his bill about five or six yards from him—I have five sons living, and one was killed in fighting about five years ago—one is a soldier, and I have three more living just round me—the soldier is about twenty-five years of age—one of my sons is living at home with me.
Cross-examined. Q. Was not one of your sons taken up on this charge? A. He was not taken up—it was talked something about—I do not think he was taken before a Magistrate—I almost forget whether he was sent to the cage—I do not think he was—that was the son who is gone for a soldier—the prisoner was in the wood on the Sunday searching among the rest—he was along with one of my sons, I believe, some part of the time—I had been but a very short time in the wood before I found the body—I went in a different direction from the rest of the party—I knew the wood well, and when I got to a broad path in the middle of the wood I saw the others going along the path, and I said to myself, "This is not the way I used to go when I went a bird-nesting, to follow nobody else," and I went in a different direction—the place under which the boy was lying was quite dry, and all around was wet—I was examined before the Coroner—I then gave the same description I have now done about the cap and the glove.
MR. CLARKSON Q. Do you know whether, between the Thursday and Sunday, when you found the body, there had been any rain? A. There was some on the Saturday night, and some on the Sunday morning; and the Thursday, the day he was killed, was a very nice dry day—I was at work on the other side of the wood.
MR. CHURCHILL re-examined by MR. WILKINS. I was examined before the Coroner, and gave the same statement I have done to-day, of the way.
in which the boy was found, with his cap and bill—I did not see any account of it in the newspaper, nor was it read to me by anybody—it caused a great deal of talk in the neighbourhood.
JAMES BRILL I am a labouring man, and live in the parish of Ruislip, In 1837 I had a son named John—he was at work for Mr. Churchill—I remember his being missed in February that year—in consequence of Mr. Churchill sending for me, I went with him to search for my poor lad's body—I afterwards saw the body dead at the Six Bells—it was the body of my boy John—he was fifteen years old.
Cross-examined. Q. I believe your son was a very good-tempered, inoffensive boy, was he not? A. Yes, very good indeed.
MARY ALLDAY . I am the wife of Thomas Allday. In February, 1837, I was unmarried—my name was then Mary Hill—I lived at Ruislip—I remember hearing of the loss of the lad on Thursday, the 16th of Feb.—I lived with my father, near the Six Bells—I know the prisoner quite well—I knew him in 1837—on that Thursday morning, a little after ten o'clock, I was standing at the up-stairs window of my father's cottage, and saw the prisoner going in the direction to the wood where the boy was found—he was in the footpath that leads to the wood—he had a bill in his hand—I did not see him after he got over the stile leading to the wood—I saw him get over it—I saw him again a little after twelve that day—I was then up at my grandmother's—that is a very little distance from my father's—I then saw the prisoner going down the high-road in the direction from the Six Bells, in a direction from the wood, in the same way that I had seen him when going to the wood, only coming from it—he was going along the public high-road—he had a bundle of green underwood with him, which he was carrying on his left shoulder—I noticed the wood—there were large green pieces in the middle of it, and some small round the outside—I was nineteen years old at that time—I knew the lad John Brill quite well—I afterwards saw his body at the Six Bells.
CHARLES WOODMAN I am a farmer, living at Ruislip. I knew the boy, John Brill—I remember the Thursday in Feb.,1837, when he was lost—I saw him about eleven o'clock that morning, in a field of Mr. Churchill's, adjoining the Young wood—he was cutting up the bushes for hedging—he appeared to be perfectly well.
Cross-examined. Q. He was cutting up some bushes to stop gaps with? A. Yes—I was examined before the Coroner.
HENRY WOODMAN . I am twenty years old—at the time in question I was twelve—I knew John Brill—I remember the Thursday he was missed—Thursday is Uxbridge market-day—I was coming along the road leading by Mr. Churchill's wood on that day, about eleven o'clock in the forenoon, and saw the prisoner in the road—I knew him at that time—he was about twenty yards from the wood—he asked me if I had seen Master Churchill and his wife go down to market—I told him I had, about an hour and a half ago, and the prisoner returned into the wood.
COURT Q. Was he coming out of the wood when you saw him? A. Yes, into the road—he had nothing with him—I saw no bill, or underwood, or anything with him.
JOHN BRAY I am a labouring man at Ruislip. I knew John Brill—I remember the Thursday when he was missed, eight years ago—on that day I was coming from a place called Woodcock's-hill to Ruislip, about twelve o'clock in the day, and met the prisoner, whom I knew, in a meadow belonging
to Richard Kerney, about a mile from the young wood—it was about twelve o'clock—I had no means of knowing the time, no further than that I brought him down to the public-house, and gave him half a pint of beer, and the men were in at dinner, and I know it must have been about that time—I had no watch with me—when I met the prisoner I asked where he was going round that way—he said he had been looking for some briers—I asked him if he would go back along with me—we were not much odds of a mile from the Six Bells and the wood too—he made some complaint to me.
Q. How did he seem when you first saw him? A. Oh, he was walking down the footpath, walking at a good pace, meeting me in the footpath which crosses the meadow—he was coming one way, and I was going the other—he was rather sweaty, rather warm, walking briskly—he was coming in a direction from the wood—I did not notice his breathing at all—I did not take any particular notice of him—I took him to the Six Bells, and gave him some beer.
Cross-examined. Q. The Six Bells would be nearer to the wood than where you met him? A. Yes—we might have staid there an Hour, drinking.
MR. CLARKSON Q. Was he coming in a direction towards the Six Bells, or away from it, when you met him? A. Away from it, and he turned back again.
COURT Q. Had he anything with him? A. No, I did not see that he had anything—he had no bill, or any green wood, nor any wood at all—I never saw him with anything—he lived at Ruislip common at that time, near the Six Bells—I am the prisoner's brother-in-law—he married my sister.
ROBERT NORTON I am a surgeon. I formely lived at Uxbridge, I now live in Dorset-street—I remember the circumstance of the boy's death—I was called in to assist in making the post-mortem examination—I saw the body at the Six Bells—I think it was on the 21st of Feb., the day before the inquest—I think it was on the Tuesday—I observed the mark of a blow or blows, rather behind the left ear—the left ear was very much swollen and livid, and above the ear was the mark of a bruise also, a blow—on removing the scalp there was a mark of a severe contusion—before I removed the scalp I noticed an appearance on the left side of the temple—on removing the bone I found the vessels of the brain very much loaded—on removing the covering of the brain afterwards, the whole of the right side of the right half of the brain was covered with effused blood, on the left not so much—I examined the body in company with and assisted by Mr. Patten, who is now dead—in my judgment, the cause of death was the effusion of blood on the brain, which I attribute to a blow or blows from a flat instrument—I should say, they must decidedly have been blows of considerable violence.
COURT Q. Could one blow have done the mischief you saw? A. blow might have done it.
MR. CLARKSON Q. Suppose the boy had been on the branch of a tree, about ten feet from the ground, and had fallen from it on to the ground, where there were leaves and moss, in your judgment, would such an appearance as you saw have been the result? A. I should say, decidedly not—I was not examined before the coroner—Mr. Patten was—I was present—there were marks of more than one blow, but of the same description, as if made with a flat instrument—two blows might have produced
the external appearances—one severe blow might account for the internal appearances—I can hardly recollect a bill being produced to Mr. Patten before the coroner—I think there was one, but I cannot say—I know what a bill is with which hedges are cut and trimmed—the flat side of a bill used with violence would certainly be calculated to produce such appearance! as I saw—I did not go to the spot where the body was found.
Cross-examined. Q. Then you have never seen the ground at all? A. No—I do not speak with certainty as to the weapon which produced the injuries, I only say it must have been a weapon with a flat surface—the bruise extended over the left temple, and the whole of the left ear—I cannot state its circumference—perhaps four or five inches—it extended over the entire ear—the weapon must have been applied sideways.
Q. Supposing a portion of the ground to have been bare, instead of having moss and leaves on it, and, as we have been told by one of the witnesses, it was a very fine dry day, in your opinion might not a very violent fall from the tree above have produced the appearances you saw? A. Certainly not, from the position of the blow—if he had fallen from a tree, he would have fallen on the top of his head—there is every probability of it—the gentleman who took the principal part in this examination was my junior, he was not my assistant—he did take the principal part in the examination, and was the person who was examined on the former occasion—I heard him examined—I did not hear him state a very different opinion to mine—I heard him state that either a blow or fall would have produced the same consequences, as to the internal portions—I did not hear him say that, in bis opinion, the blow was caused by a stick—to the best of my recollection, his evidence was, that it was done by a flat instrument—I do not deny that it might have been a stick—I say it was a flat instrument—a fall would not have produced the external appearances, and, to have produced internal symptoms of that sort, he must have fallen on the top of his head, and on hard ground, not on soft ground—it generally happens that when we find much extravasation or congestion on one side of the brain, that it is the result of a violent blow on the other side of the head—I found that the extravasation and congestion were principally on the right side of the head—I should certainly not have expected to find that the case if he had fallen on the top of his head.
MR. CLARKSON Q. In your judgment, if this blow had been inflicted with a stick of any kind, must it have been a slick with a flat surface? A. Yes—I should say it would be impossible for a fall on the ground, which has been described, to have produced what I saw.
COURT Q. Supposing the fall to have been from a branch, ten feet, above the ground? A. I do not think it possible—I have no recollection of any appearance of bruises on any other part of his person, except on the head, which I have described—I came in just as Mr. Patten was commencing the operation on the head—my examination was confined to the head.
MR. CHURCHILL re-examined. I was in the wood on the Thursday afternoon—I did not go at all into that part of the wood where the body was found—it was a dry day, but the ground would be soft at that time of year and all the winter—I did not see any stump or bottom of a tree, or any bush that had been cut, about where the body lay—I examined on the Monday to look, and there was none—the bough that was ten feet above was about us thick as my arm where it shot out from the tree—it was an
oak tree—the deceased was a stout boy—he laid at the extremity of the bough—the bough hardly reached over him—it was not thicker than my thumb over him,
GEORGE SIBLEY (a prisoner.) I am twenty-six years old. I know the prisoner, and have done so rather better than twelve months—during that time I have not been living with him anywhere—I have been living at Harefield—he lived at Harefield also, 300 or 400 yards from me—I have come to-day from the House of Correction—I have been intimate with the prisoner at times during the last twelve months—I was out with him about four months ago—we were on the hide and seek, because we would not come to the House of Correction—we had done a deed we should not have done—we had been out poaching together, and were at hide and seek to avoid the officers—about a fortnight before I was taken to prison we were coming from Rickmansworth to Harefield, about five or six o'clock in the afternoon—we were talking about how soon we could get into trouble, but we could not get out of it again very soon—I said, "No, we cannot"—he said, "I have heard that the House of Correction is a bad prison; you have been, how is it?"—I said, "Of course it is bad enough"—he said, "I would sooner be taken for my murder than I would go there"—Murder!" I said—"Yes," he said;" I went to get a bundle of wood in Mr. Churchill's wood, and a boy came round the wood, by the name of John Brill, and he saw me, and he came up to me, and I took and struck him and knocked him down; so I stood a few minutes, and I hung his cap up in the bushes, and his bill and his cuff I chucked down aside of him, making believe as if he had tumbled out of a tree—now," he lays, "there is no one knows of it but you and me, and if I happen to hear that you tell any one, I will kill you"—we were walking along the road together at the time—I was taken up, I believe, about seven or eight weeks after this conversation, but I cannot rightly say—I have been in prison ten weeks—the prisoner and I were not living together all that time—I did not go to Harefield—he did—I stopped by Woodcock-hill—I left him by Woodcock-hill—I was taken to prison for the poaching—he was taken before me—I mentioned about this, about three weeks after I got to prison—I made a communication to the yardsman or turnkey—I was in the House of Correction, Coldbath-fields—the prisoner and I were confined in the same ward—I never had any quarrel or difference with the prisoner—I cannot recollect the name of the wardsman—Mr. Hoare was one that I spoke to—he is the head wardsman—the yardsman told some-body, and then I repeated it—I told some of it that night, and next morning I told all of it—I was examined by a Magistrate in the gaol next morning—I remember being brought face to face with the prisoner—that might be a month after I first communicated it to the wardsman—I was afraid to mention it before.
Q. Then if you were afraid of mentioning it before, how came you to mention it when you got into prison? A. Why I thought as we were both in there together, if I told them, that somebody would get hold of him, as I should not be hurt—there was another reason why I then mentioned it—I had such dreams, and could not sleep.
Q. What do you mean by your not being hurt? A. Why I was in danger of my life when I was out, from the prisoner, and I thought when he was in confinement I could tell it, and yet not be hurt.
Cross-examined. Q. How long have you lived at Harefield? A. All
my lifetime—Harcfield is two miles, or two miles and a half from the wood where the boy met his death—I knew John Brill, and I know Mr. Churchill—I am married, and have been so six years—I have lived with my wife during the whole of that time—I have been four times in gaol—I had two calendar months at St. Alban's for fishing, and three weeks twice, for fishing, and six months for poaching—I have not been taken before a Magistrate on other charges—I have never been before a Magistrate but on those four occasions—yes, I was once had up for half a sorreign, but nobody appeared against me—a man named George Tebbald lost a half-sovereign, and charged me with stealing it at a public-house, and after that he had it cried—I was not before a Magistrate any othet time, I am quite sure—that is all—I do not know what my wife did for a living while I was in gaol—I do not know that when I was out of gaol she was leading the life of a common prostitute—she has not, over and over again, told me that I lived on her prostitution—I got my living by hard work—I was not at work all the year round—I was out of work sometimes a month, sometimes a week, or a fortnight, and sometimes two months—I have been as much as three months at a time out of work.
Q. What did you live on during that time? A. Why, I went to my father and mother—I did not live all upon them; I supported myself by jobbing about, doing little jobs, digging gardens up, and doing work for the people about the town and other places, for my father for one—he is a labouring man—he gets 13s. a week—he is a farmer's labourer—I do not say he has 13s. all the year round—I think he gets 12s. in the winter—he has eight children at home—the youngest is five or six years old.
Q. And do you mean to say that your father, with that family, and getting 12s. a week, supported you? A. Not entirely; sometimes I went to him and had a breakfast, and the rest of the day I went about to other places—I went poaching sometimes; I very seldom went fishing—they found me out most of the times that I went fishing—I poached game—I remember sending for Mr. Hoare on a Sunday—I said to him, "If I had my liberty I could tell of a murder"—Mr. Hoare asked me if there had been any reward offered—I said there had—I had heard of a reward of 220l. two or three years ago—Mr. Hoare told me that what I said was not sufficient evidence against the prisoner—that was on the Sunday afternoon—I had then told part of what I have told to-day—I then said I could tell more if I had my liberty—I do not know how many different rewards were offered, to make up the sum of 220l.—I heard there was 220l. reward—I told some of my story on the Sunday, and the rest I told next morning to the head gentleman of the prison—the prisoner was in the prison some time before me—I had had some of the dreams that disturbed me before I went into prison.
Q. Then, if you had those dreams before you went to prison, and knew that the prisoner was in prison, and could not hurt you, why did not you tell your story then? A. Why, I thought that he had told some one out, whilst he was in prison, and if I told whilst he was in prison, they would get hold of me, and hurt me for telling.
MR. CLARKSON. Q. You say you were in prison two months for fishing, how long ago is that? A. Not two months—the first time I was in prison was between two and three years ago—the second time was twelve months ago last Easter, when I had three weeks for fishing the first time, and I had three weeks after that, that was last Easter; and the fourth was
for the poaching for which I am suffering imprisonment now—I was never convicted of any felony in my life.
MR. CHURCHILL re-examined. I did not perceive that the boy's head was loose when he was lifted up.
MR. NORTON re-examined. I did not observe whether the neck was broken, for I came in at the time the examination of the head waa commenced—I could not take on myself to say whether the neck was broken or not.
NOT GUILTY .
Fourth Jury, before Mr. Justice Williams.
443. WILLIAM TOFIELD , was indicted for feloniously breaking and entering the dwelling-house of James Morgan, on the 6th of Jan., at Stepney, and stealing therein, 4 gowns, value 3l.; 1 cloak, 15s.; 3 shawls, 1l. 10s.; 1 coat, 15s.; 2 pairs of trowsers, 6s.; 1 carpet bag, 12s.; 14 caps, 12s.; 2 shifts, 2s.; 2 petticoats, 3s.; 4 pillow-cases, 4s.; 1 stock, 2s.; 2 window-blinds, 4s.; 1 sheet, 2s.; 3 frocks, 12s.; 1 purse, 6d.; and 10 shillings; his property.
MR. CURWOOD conducted the Prosecution.
JAMES MORGAN . I am a mechanical engineer. At the time of this robbery I lodged at the prisoner's house, No. 24, Charles St. Stepney—I rented one room of him—on Monday, the 6th of Jan., my wife and I were out—I went out about half-past seven o'clock in the morning, and returned about a quarter past nine at night—I found my room door burst open, the bolt of the lock was about half an inch out, the bed was tumbled, the drawers broken open, and the lower drawer was on the ground, and things which had been in the drawers were distributed about the room—I missed the articles stated in the indictment—my wife went in next door to get a light, and the landlord and landlady of the Rose and Crown came in—immediately I saw what state the place was in I ran round to the prisoner's sister's, where his mother resides, and where the prisoner sleeps—he has not slept in the house since I have been there, which is between four and five months—I did not find him at his sister's—I then went to the Thames-police station, and gave information of the robbery—two or three policemen came back with me—the prisoner's mother came in soon after—the prisoner came home about eleven o'clock—he said it was a bad job—I said it was, for I had lost a great many things, I was afraid every thing, but I did not know what at present—I said, "You had better go and see what you have lost"—he said, "Oh, I have nothing of any consequence to lose"—I said, "I think I have lost all I have got"—he did not go into his room that night in my presence—his mother did—he went away without going to his room—next morning he came again, between eight and nine o'clock—I said to him, "Well, have you made out an inventory of anything you have lost"—he said, "Yes"—I said, "I have made mine out, and taken it to the police station; what have you lost?"—he said, "Two or three coats"—I had found his room door open as well as mine—he went down stairs, and I went out to my duty—I returned in about two hours, and saw the prisoner in the passage—he opened the door to me, I believe—Mountford,
the policeman, was with him—Mountford said that Mr. Tofield had told him he had lost sixteen sovereigns—I said it was a bad job then—I went up stairs, and saw Sergeant Graves talking to my wife—we went down, and Graves asked Tofield what he had lost—he said sixteen sovereigns—Graves said he should like to see where he had put the sixteen sovereigns in the room—at first he objected to let the Sergeant go into the room, for the room had been searched two hours before, and he did not think there was any necessity for it—he mumbled something in a low tone, opened the door, and me and my wife, Mountford, and Graves, went in—as soon as I went in I saw a pair of my trowsers part on one chair and part on another—I took hold of them, and said, "My God!" or "Good God! why, these are my trowsers"—I could swear to them—they were part of what I lost—when I left on Monday morning they were on a chair by my bedside—the prisoner was present when I found them, and he said, "Then you or Mrs. Morgan must have put them there"—we could not get into his room, his door was locked—I had not put them there—I never saw them after they were missed till then—Graves said to him, "Have you any objection to go to the station-house to give an account of these trowsers?"—he said, "No, not at all," and he went—Graves said, "Mind, you are not in custody, you go of your own free will"—he was asked about the trowsers, and said he did not put them there—the inquiry dropped that day—I did not give him into custody till the Thursday—I did not know that I was justified in doing so till I saw the officer, who had searched the room two hours before, on the overnight—I have never found the rest of the things.
Cross-examined by MR. BALLANTINE. Q. Whom do you work for? A. I have come from abroad, and am going abroad again—at the time of the robbery I was employed by the London and Greenwich Railway Company, and had been for nearly three weeks—I came from Rio Grande—I went out there in the engineering department, and have been home since September—I had been away a year and eleven months—I left my wife at home—when I left home on Monday, the 6th of Jan., I left my wife at home—she is not here—many of the missing articles are my wife's—she is a milliner and dress-maker—she goes out to wait upon her customers—she was at her mother's at the time of the robbery—I called there for her as I came home at night—it is in King David-street, about ten minutes' walk from the prisoner's house—I got there about eight o'clock—we got home shortly after nine—my room door was not broken, but the bolt of the lock was out, and bent as if it had been forced—I noticed the prisoner's room—, his door looked as if it had been broken open—my wife told me there had been some bricklayers at work there—I did not see them—I said nothing about them, nor did my wife, that I heard—she is not quite well, but is up, and in her business—Day was the first policeman that came—he came back with me—he went into the prisoner's room that night—I went a little way into the back room, not far, because there was so much furniture, and it was not my place to go into people's rooms—the door was open then—the back door was, not the front—there are two rooms—the back door was open—the prisoner's mother went in with us—the prisoner did not complain at that time of having lost anything—he had bad no conversation with my wife that I know of.
ten o'clock—I did not see the prisoner then—I went again on Tuesday morning, and after I had been there some little time, he came up stairs—I said, "Mr. Tofield, will you be kind enough to tell me what you have lost, and give me an inventory of it?"—he went down stairs for that purpose—I got an inventory from Morgan of what he had lost—I heard the prisoner come out of his room and lock the door—I came down stairs—he was in the act of leaving the room, as I supposed—I said, "Mr. Tofield, will you be kind enough to tell me what you have lost?"—he said he had lost a coat or two, a jacket or two, or something of that kind—I said, "Without you tell me what you have lost, how can you expect me to assist you?"—I asked if he lost any money—he gave me no answer—I asked to go into his room—he said he could not let me go into his room, he would fetch his mother—he went away, but did not return—his mother came—I went again on Thursday morning and saw him—he was given into Mountford's custody—I went into his room after he was in custody—the keys were taken from him at the station—we wanted to go into his room previous to our going over to the station, but he would not let us—he afterwards wanted to go into his room—I said there was no occasion for that, we would go to the station first, and do it in the usual way—I afterwards went to his mother's, and we went into the room—I saw nothing then—I saw a pair of trowsers which Mountford had—I was not present when they were found—I only know those trowsers were not lying on the chair when I was previously on the room, nor anywhere in sight.
Cross-examined. Q. You had gone over the room for the purpose of search previously to Mountford? A. I had gone over the room—Mrs. Tofield pointed out boxes to me which nothing was lost from, and I did not look there—I had been over the room two hours before Mountford found the trowsers, and then the trowsers were not on the chairs—I know nothing about Mrs. Morgan.
GEORGE MOUNTFORD (police-constable K 118.) I went with Graves to No. 24, Charles-street, on Tuesday, the 7th of Jan.—the prisoner was not there—I waited till he came—I asked him to allow us to go and look into his apartment—he said, "Very well"—the prisoner and I went down stairs, and waited three or four minutes—Graves, and Mr. and Mrs. Morgan then came down, and we all went into the room together—the door was locked—the prisoner had the key, and opened it—the moment Morgan got into the room, he said, "My God, here are my trowsers"—they were lying on two chairs—I asked the prisoner how he accounted for them—he said he did not know, they must have been placed there either by Mr. or Mrs. Morgan—I asked if he had any objection to go to the station-house to explain it, and we all went to the station together—Morgan did not charge him at that time, in consequence of Day's being at the Middlesex sessions—he charged him on Thursday, the 9th—Day and I went to the house that morning, and told the prisoner that Morgan charged him on suspicion of robbing his apartment—the prisoner said directly, "Very well, we will go and have it settled at once," and he went to the station with us—he made no objection to our going into his room.
W. D. DAY re-examined by MR. BALLANTINE. It was on the Tuesday evening that I asked to go into his apartment, and he refused me—he said he would send his mother, and she came, but he did not return—I did not go into the apartment then.
GEORGE WILLIAM GRAVES (police-sergeant K 11.) I went with Mountford to the prisoner's house, on Tuesday morning, about eleven o'clock—I saw the prisoner, and he gave me a list of articles that he stated he had lost—Mrs. Morgan also gave me a list—from the appearance of the place, and of the prisoner, we asked him whether he would walk over to the station—we did not take him into custody—he did so, but Morgan refused to press she charge against him in consequence of Day's being at the Clerkenwell Sessions—before that we had been into the prisoner's room, and Morgan said, "My God!" or "Good God!" I forget which, "here are my trowsers"—the prisoner directly said, "Then you must have brought them down," or, "You must have placed them in the room"—before we went in the door was locked—the prisoner had the key, and unlocked the door to let us in.
Cross-examined. Q. There are two doors to the room, I understand? A. No, only one; but one room leads into the other by folding doors—a person getting into the back room might easily get through the folding doors into the front—I do not know whether the back door was locked—I know nothing of Mrs. Morgan—she was at the police court on both occasions, I believe, but was not examined—she has not been here—I have not requested her attendance—she was not bound over.
NOT GUILTY .
444. JAMES HEAGRAM , was indicted for feloniously and knowingly uttering, on the 22nd of Jan., a forged request for the delivery of twelve eliptic stoves, with intent to defraud Robert William Kennard.
JONATHAN FIMISTER . I am clerk to Robert William Kennard, an iron merchant. On the 22nd of Jan., about three o'clock in the afternoon, I was at the front counting-house, when the prisoner presented this order to me—he said nothing—we made no remark to him, but detained him while we sent a clerk in a cab to ascertain whether the order was genuine or not—he returned about a quarter to five o'clock—we detained the prisoner by waiting on others before him—he waited—on the clerk's return I said to the prisoner, "My lad, you are iu a very awkward predicament, this order proves to be a forgery"—he said it was given to him by a lad who was waiting outside—I then determined on putting some metal into a truck for him to take, and see if we could capture the other party—the prisoner willingly drew the truck, and I and an officer in plain clothes followed him as far as Bridge-street, Blackfriars; and in the dark part of Bridge-street, near where Mr. Alderman Waithman used to reside, I saw a lad, of the same description the prisoner had given us of the person who gave him the order, come up to the truck—I immediately hastened across the road, but be vanished in an instant—he had got near enough to the truck just to speak to the prisoner, who was drawing it—we then went on the whole distance, but no one joined us till we got up to Seven Dials, where the things were to go to—then seven or eight lads, from nine to thirteen years old, surrounded the truck, but the other lad kept out of the way—the prisoner gave us the name of the boy—my impression is that the prisoner had been made the dupe of some designing person—I believe he has never been in trouble before, and I regret he should have been placed in this situation—he willingly rendered every assistance.
NOT GUILTY .
Before Mr. Baron Parke.
445. JOHN CANNELL , RICHARD MEDHURST , JOHN SELF , and RICHARD BURKE , were indicted for feloniously breaking and entering the shop of Sarah Rowghans, on the 20th of Jan., at St. Marylebone, and stealing therein 50 oranges, value 1s. 6d., her property; and that Burke had been before convicted of felony.
SARAH ROWGHANS . I am a widow, and keep a shop in Portman-market—I do not reside there, but in Lisson-grove. On Sunday afternoon, between twelve and one o'clock, I locked up my oranges, apples, and other fruit, which I sell in the market—I was fetched to my shop again on Monday afternoon, the 20th of Jan., found it had been broken into, and missed about fifty oranges—the lock of the door was knocked off.
JOHN BYRNE . I live in Orchard-street, Lisson-grove. On Monday afternoon I was in Portman-market, standing over the other side of Mrs. Stevens's, not very far from Mrs. Rowghans' shop door, about as far as across this Court—I saw Medhurst and Self with a bit of iron—Medhurst took it from Self, and put it into the lock, and broke it open—Self was helping at the time—as soon as the lock was broken the door was opened, and Self and Burke ran in and took some oranges—Medhurst also went in, and took some oranges—I informed somebody of what I had seen—Medhurst was taken up by a boy named Shelley—he had some oranges in hit pocket at the time, and the padlock—I picked up the iron—I saw Cannell there, but did not see him do anything—he was standing there at the time the shop was broken open—I did not see him go into the shop—some oranges were thrown out to him, and he picked some up.
Cross-examined by MR. HORRY. Q. I believe you have been in custody? A. No, never—I stood by and saw all this—I knew it was wrong—I was watching them—I was not with them—I do not know whether they could see me—I did not call anybody while they were going in, or taking the lock off—I called a man afterwards, and he caught Medhurst—I was not there before them—I was walking through the market out of Church-street—I had been with some washing, and was going home—I knew Burke, Self, and Cannell before—I was not waltling for some of the oranges—I have never told anybody so.
JOHN CLEVERLY (police-constable D 132.) I went to Portman-market on Monday afternoon—Medhurst had then been detained—I saw some oranges in his possession, and I received a padlock from Mrs. Rowghans—I do not know where it came from—I took Medhurst into custody—he said that a boy they called Milky (meaning Cannell) broke the lock—he said he took the oranges from the shop after the lock was broken, Dickey Burke and Self each had some, and one of them had a capful—I took him to Paddington school, in the New-road, and took Cannell into custody there—when I took him out, he said to Medhurst, "It was you that broke the lock"—Medhurat answered, "Then you helped me"—Cannell made no answer.
CHARLES COURT (police-constable D 24.) I took Self and Burke into custody on the 20th—I found them together—I told them I took them for receiving oranges—Self said I was mistaken—I took them to the station—Self resisted—I had a troublesome job to get him there—he laid down on the pavement, and would not walk—Burke said nothing, but went quietly.
Self's Defence. I was walking by the market, and met Burke; he said,
"Self, there are some oranges there;" he went and found a piece of iron out of some rubbish, and broke the door open, and came out with some oranges; I asked him for some; he would not give me any, but said if I would go in I might get some; I would not, and went home.
ISAAC SPREADBORO (police-constable D 61.) I produce a certificate of Burke's former conviction—(read—Convicted on the 27th of Nov., 7th Vict., of larceny', and confined three months)—I was present at his trial—he is the person.
(Medhurst and Cannell received good characters.)
CANNELL— GUILTY . Aged 12.
MEDHURST— GUILTY . Aged 8.
Confined One Week.
SELF**— GUILTY . Aged 14.
BURKE— GUILTY . Aged 13.
Confined six Months.
Before Mr. Justice Williams.
446. EDMOND HAMER was indicted for feloniously breaking and entering the shop of George Wood and another, on the 30th of Oct., at St. Giles-in-the-fields, and stealing therein 2 flageolets, value 8l.; 3 clarionets, 6l.; and 24 flutes, 2l. 8s.; their property.
MR. CROUGH conducted the Prosecution.
GEORGE WOOD . I am in partnership with Mr. Ivy; our workshop is in St. Giles's churchyard; the house and front of the shop is in Compton-street, Soho; there is a yard leading to the back premises; there is do other communication to the workshops, except through the yard; St. Giles's churchyard is surrounded by a railing. On the morning of the 31st of Oct., my attention was called to the state of the premises, by a person named Liddle—I went to the workshops—there is a window looking into the churchyard, with iron bars to it—I found one bar wrenched off, and the sash had been opened—it is a sliding window—I looked at the fastenings myself the evening before—they are always kept fastened—that window is about the height of a man from the ground—there was no other part of the premises broken that night—I missed a flageolet and other instruments—the prisoner had been apprenticed to me, and had quitted my service about three years since—this flageolet produced was sent to me from Rye, in Kent, to repair—I gave it to Liddle to repairowing to some communication I had with a person named Thorn I purchased a clarionet from him for 2l. 1s.—it was one that I had lost on the morning of the 31st—I bought it to enable me to produce it, and likewise to return it to the party I had it from—it is worth six guineas—this produced is it, and this is the flageolet I gave to Liddle the night previous—I am quite sure of it.
ALEXANDER LIDDLE . I am journeyman to Mr. Wood—when I came on the morning of the 31st of Oct., the first thing I missed was this flageolet, which I had placed in a drawer, the last thing over nigbt, beside a clarionet—I missed various flutes from my own board, and several flageolets from the other benches—there must have been twenty instruments missed, perhaps forty, clarionets, flageolets, and flutes—I am quite positive this is one that I missed that morning—it was one of my finishing originally, and I had to do a trifle to it—I saw the window bar had been wrenched off.
Prisoner. I was not in London at the time.
ALEXANDER LIDDLE re-examined. I know this instrument, it stood on the floor behind the stool I sat on to work, and it was there at eight o'clock, on the night of the 30th of Oct., when I left—I am positive of it, because it was a repair—it has a new joint to it, and is marked on the top with the letters "P O H L," part of the gentleman's name, Pohlman—the value of it is 35s.—it had been originally made by us—the letters have been erased—you can see where they have been scratched out—there is no mark of mine on it, but I am positive of it, from the design.
HENRY WATSON . I am in the employ of Mr. Neat, a pawnbroker, in Duke-street, Manchester-square. On the 31st of Oct., this flageolet which I have produced was pawned at our shop by the prisoner, for 1l. 5s.—I am quite sure of his identity—his appearance is rather remarkable, and I speak with confidence—I should say it was between six and seven o'clock, about dusk.
Prisoner. I was at the witness's place, but there was a young man with me, named Scarlett, to whom the flageolet belonged; I deny all knowledge of taking it. Witness. There was no one in the shop but the prisoner—he gave the name of John Scarlett—he called on me again, to redeem it, in company with another person, and I then recognised him at the person.
Prisoner. I deny that; I did not redeem it; this witness did not give it to me when it was redeemed, it was an elderly man. Witness. I do not say that I delivered the property to him—he came with two musicians, to sell the duplicate of this flageolet, a few days after it was pledged—I am certain he is the man that pledged it, and that nobody else was there.
MR. WOOD re-examined. The value of this clarionet is about 1l. 18s., and this flageolet about six guineas—my whole loss amounts to between 20l. and 30l.
Prisoner's Defence. I deny the charge; I did not commit any felony; I have been in the habit of dealing in instruments, and pledging for a master of mine, constantly; I know nothing of the robbery; it is five years since I was in Mr. Wood's service; I am positive another party was with me when the flageolet was pledged, though I cannot produce him.
GUILTY . Aged 26.— Confined Eighteen Months.—Two Weeks Solitary.
NEW COURT.—Monday, February 3rd, 1845.
Fifth Jury, before Edward Bullock, Esq.
447. WILLIAM FRAZER was indicted for stealing 6 bottles, value 1s. 6d.; 1 basket, 2s. 6d.; and 1 gallon of wine, 1l. 4s.; the goods of William Preece : also, 2 bottles, value 1s. 6d.; 1 gallon of gin, 10s.; and 2 quarts of rum, 7s.; the goods of George Smith : also, 1 bottle, value 2s.; and 1 gallon of gin, 12s.; the goods of Esther Cannon; to all which he pleaded
GUILTY . Aged 48.— Confined Twelve Months.
GUILTY . Aged 28.—Recommended to mercy.— Confined Four Months.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Six Months.
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 50.— Confined Nine Months.
452. THOMAS WILLIAMS was indicted for obtaining, by false pretences, from James Stone, 2 bottles, value 1s. 6d.; 1 1/2 pint of gin, 2s.; and 1 pint of rum, 2s.; with intent to defraud him thereof; to which he pleaded
GUILTY . Aged 22.— Confined Two Months.
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 22.— Confined Three Months.
455. MARY ANN RIDLEY was indicted for stealing 5 accountbooks, value 1l.; 10 printed books, 1s.; 13 sheets of paper, 2s.; 4 boxes of wafers, 2s.; 1 sampler, 2s.; 2 shifts, 2s.; 1 handkerchief, 1s.; 7 quires of paper, 6s.; 2 blankets, 10s.; and 1 barrel, 1s.; the goods of Joseph Hipkins, her master; to which she pleaded
GUILTY . Aged 19.— Confined Six Months.
GUILTY .— Transported for Seven Years.
(Daniel Gosling, publisher of the Era newspaper; George Watson Wood, clerk in the office of the Ecclesiastical Commissioners; Charles Kimber, carver and gilder, Savoy-street, Strand; James Taylor, printer, Strand; and William Whitehouse, the prisoner's uncle, goldsmith and jeweller, Brydges-street, Covent-garden; gave the prisoner a good character.)
WILLIAM ERBY . I am a traveller in the employ of Mr. Blythe and another, of Friday-street. On the 14th of Jan. I looked out a parcel of goods, and packed them up—I took them in my chaise round the Westend of the town, but did not part with them—I brought them back, and took them out of the chaise, and gave them into Scott's hands to take up into the warehouse—the chaise was then at the corner of Friday-street, in
Cheapside—I left it to go to the stable in Blackfriars-road—I found it the next morning at the corner of Friday-street, and it had a number of parcels in it—I reprimanded the porter for having put them in—when I opened the gig I found that two of the parcels, Nos. 4 and 7., which ought to have been in it were missing—they had all been cleared out of the chaise the night before—the goods here produced were a part of the parcel No. 4—I know them because I looked them out the day before, and twenty-one of these pieces have our private mark on them—the other six have no mark, and I cannot swear to them.
Cross-examined by MR. WILKINS. Q. Who put them into the chaise on the 14th? A. I did—I called at many places in Oxford-street, and at the West-end of the town—the parcels were in the back of the chaise, which opened with a key—I took the goods into different shops, and showed them as samples—I locked the door of the chaise on every occasion—I handed them to Scott at the top of Friday-street, in Cheapside, about twenty or thirty yards from our warehouse—I saw the parcels in the ware-house, but I did not count them—each parcel was in brown paper—next morning I got there about five minutes past nine, and the chaise was loaded—I opened it, and found there were only eight parcels, and—there should have been ten—I wanted to take up one into the warehouse, to make an alteration in it—some of these goods have our mark of the price—if they are sold, the mark is sold with them—I know the mark, and I know the patterns of these trimmings—these are not our manufacture; they are Scotch manufacture.
GEORGE SCOTT . I am porter to the prosecutors. On the 14th of Jan. I took the parcels from Mr. Erby, and I know they were the same he went oat with in the morning—he gave me ten of them out, and I put them in the warehouse—next morning I brought the chaise from the stable to the corner of Friday-street—I left it there, and went up into the warehouse, and fetched part of the goods—I put them in, and locked the boot—I went back and fetched some more—I then went back and fetched another parcel—I put that in, locked the boot, and waited till Mr. Erby came—I did not count the parcels that morning—I do not know whether I put eight or ten in.
MATTHEW LEATHAM . I am in partnership with Mr. John Swanston Blythe. I can swear to all these goods that have our mark on them—we have sold three pieces of this particular description—we cannot speak as to the patterns of them—I know these had been our property a very short time before they were lost.
Cross-examined. Q. How many persons are employed to sell besides yourself? A. One more regularly, and another occasionally.
JOHN KIRBY . I keep a coffee-shop in West-place, Islington-green. I saw the prisoner on the 15th of Jan. at my house—he had a sample of these muslin trimmings, and one dress—he asked if I could get a customer for them—I said I thought I could—he told me he had had the goods offered by a party, and he wanted to know their value, and whether I could obtain a customer—he said there were about twenty pieces of trimmings, and six or eight dresses—he waited at my place about an hour, and then he accompanied me to Messrs. Kidd's, in Tottenham Court-road—I went in, and saw one of the partners—I came out and told the prisoner I had obtained a purchaser—he and I then went to Mr. Dry's, in Tottenham Court-road, and had some refreshment—Mr. Dry said to me, "Kirby,
you are doing something in your old trade"—(he had known me when I was a draper)—I said to the prisoner, "I think I can obtain the value of these things by going to a person just by"—I went to Mr. Haywood's, showed him the goods, and he put a price on them—I went back and told the prisoner—then he and I went to the prisoner's house, in Stanhope-street—he said he expected to see the party there from whom he was to obtain the goods, but we did not meet him—the prisoner and I then went to the Angel Inn, St. Clement's, into the parlour, and, after a short time, a person whom I did not know brought in a parcel in a blue bag, containing these goods, which I sold to Mr. Kidd, by the prisoner's direction—when he brought the goods to the Angel the prisoner was absent, and the young man observed, "Armstrong is gone a long time"—he then left the room, and I did not see him afterwards.
JURY. Q. Who took the goods up after they were brought? A. The prisoner—they were left in the room, and by the prisoner's wish I took them to Mr. Kidd—I sold them for 8l. 2s.—I then went with the prisoner to a public-house in University-street—these are the trimmings—the dresses have not been found—the prisoner paid me 15s. for my trouble.
Cross-examined. Q. What were you formerly? A. A draper, from 1808 till 1835—I think the prisoner did not know me then—he knew I had been a draper—it was about one o'clock in the day when he came to me—he told me to the effect that a person who wanted some ready money had requested him to dispose of some goods, and I proposed to go to some shopkeeper's, and it was the exposure of the goods that prompted Mr. Dry to say I liked the old trade—there were other persons present—I went to Mr. Heywood's, and took samples of these goods, which the prisoner bad given me—I know the prisoner was in treaty to take the Angel tap in a short time—a young man, who appeared very respectable, brought these things in a blue bag—when the prisoner went out the young man manifested great impatience at his absence—he remarked he had been gone some time, though he had not been gone above ten minutes—I have known the prisoner about six years, and always found him respectable.
HENRY KIDD . I am a draper, and live in Tottenham Court-road. I have had transactions with Mr. Kirby for nearly twenty years in linendrapery goods—I bought these goods of him—I sold the dresses, and I delivered these up to the police inspector.
Cross-examined. Q. You would not have dealt with Kirby if you had not thought him honest? A. Certainly not.
JOHN EVANS . I am a linen-draper, and live in Tottenham Court-road On the 15th of Jan. I bought some of these trimmings of Kirby—I have known him fifteen years—I have dealt with him, and found him honest.
CHARLES WALLER (City police-inspector.) I took Kirby—he pointed out the prisoner to me, and I took him—he was going to say something—I told him to be careful; he was in my custody; he might tell me who he bought them of or not, but to be careful—I asked where he got them from—he said, "At this time I am not prepared to answer"—I went to his house, and was going to search—he said, "You will find nothing but two or three small things, which I gave my wife to make caps"—I found two or three small pieces there.
Cross-examined. Q. Was not the answer he made when you asked him where he got the trimmings, "I cannot do so direct?" A. Yes, it was—said he might tell me, or not.
NOT GUILTY .
HENRY WHITKINS . I am in the employ of Mr. John Richardby Bousfield and two others—they live in Houndsditch—on the afternoon of the 8th of Jan. I was out with a truck delivering parcels—I had a parcel directed to Mr. Morpeth, of Staines—about three o'clock I was in the Old Bailey, going to deliver a parcel at the New Inn—I saw a person get up in a stooping posture from the side of my truck—I received information, and saw the prisoner going along the Old Bailey—he turned down Fleet-lane, dropped this parcel from his person, and ran on—I pursued, till he was stopped by another person—I never lost sight of him for an instant—I kept him till I gave him to a policeman—Whittington brought me this parcel—it contains two coats, which belong to my employers.
Cross-examined by MR. HORRY. Q. How far was the prisoner from Fleet-lane when you first saw him? A. About half way—I was ten or twelve yards from him—I did not lose sight of him—I turned the lane as quick as he did.
GEORGE WHITTINGTON . I am a carrier. I was in the Old Bailey—I saw the prisoner take the parcel from the truck—I told the carman—the prisoner put the parcel under bis coat, and went towards Fleet-lane—the carman followed him—I received the parcel from Barker, and gave it to the carman.
JOHN HAWKINS (City police-constable No. 477.) I produce a certificate of the prisoner's conviction, which I got at Mr. Clark's office—(read—Convicted on 27th Feb., 6th Vict., and imprisoned six months)—the prisoner is the person.
GUILTY . Aged 22.— Transported for Seven Years.
MARY DEBENHAM . I am wife of William Debenham, and live in Gray's Inn-lane. On the 31st of Dec. the prisoner was in our service—he left with a cwt. of coals in a bag, and two bundles of wood for a customer, which he gave the order for—he did not return—they were my husband's.
GUILTY . Aged 20.—Recommended to mercy.— Confined Two Months.
WALTERS pleaded GUILTY . Aged 19.— Confined Six Months.
MICHAEL HAYNES (City police-constable No. 422.) I was in the Poultry and saw the prisoners in company—I saw Walters take this handkerchief out of Mr. Carter's pocket—Jenkins was covering Walters at the time—I took Walters to the station, and found the handkerchief on him—Jenkins came to the Mansion-house next morning, and I took him.
HENRY MONTAGUE (City police-constable No. 481.) I was in the Poultry, and saw the prisoners in company—I watched them three quarters of an hour, dodging in and out amongst the crowd—I then lost sight of them.
Jenkins's Defence. I was not near the place; I heard that this lad was taken, and next morning I went with his sister to see him.
JENKINS*— GUILTY . Aged 19.— Confined Twelve Months.
461. GEORGE RICHARDSON was indicted for stealing 1 jacket, value 10s.; 1 waistcoat, 4s.; 2 pairs of trowsers, 10s.; 1 shirt, 1s.; and 1 handkerchief, 1s.; the goods of Charles Frederick Blakey: and 1 coat, 15s.; 1 jacket, 5s.; 3 pairs of trowsers, 12s.; 2 handkerchiefs, 1s.; and 1 comforter, 6d.; the goods of Edward John Green, in a vessel in a port of entry and discharge.
GEORGE WILSON . I am a constable of the East and West India-dock. On the evening of the 10th of Jan., about a quarter before seven o'clock, I stopped the prisoner going out of the dock, from his bulky appearance—I asked if he had anything about him which did not belong to him—he said he had not—I found he had three pairs of trowsers on, one over the other, this shirt over his other shirt, and these coats over his other coat—I asked what ship he belonged to—he said to the Oracle, lying in the dock—I said I would take him back to it—in going back he said it was no use telling a lie about it, he stole the things from the Seringapatam—I went and found the steward, who said the boys had lost their things—they missed more than I had found on the prisoner, and he said he had stowed the other things behind some logs of timber—I went there, and found these two jackets, and other things.
CHARLES FREDERICK BLACKIE . I am apprentice on board the Seringapatam. I lost some of these articles—they were safe on the 10th of Jan., a little before five o'clock, when I went to tea, and when I came back they were gone—these jackets, and some other things, are mine—the Seringa-patam was then in the dock.
GUILTY . Aged 27.— Confined Six Months.
THOMAS BARKER . I live in Frederick-place, Old Jewry. On the 30th of Jan., between three and four o'clock in the afternoon, I was walking along Newgate-street—I saw the three prisoners together—I watched them till they passed Butcher-hall-lane—they then returned—I watched them back, and named my suspicion to a policeman—the prisoners then turned again, and I watched them till they passed the lane—they then closed round a gentleman, and either Bouffler or Hester took a handkerchief from him—they were all in a cluster together, and had been together before
the one who took it—I saw no more of it till Davis took it out of his pocket and put it into his bosom—he ran off, and I followed him—he saw he was closely pursued, and he threw the handkerchief down—I took it up, and gave it to the gentleman—I followed Davis till he was taken—I did not lose sight of him from the time he received the handkerchief till he threw it down.
CHARLES HURST . I was walking in Newgate-street on the 30th of Jan.—Barker accosted me—I felt, and missed my handkerchief—I have no distinct recollection of having used it for perhaps an hour before—Barker pointed to Davis, and said, "He has got it"—he threw down his knot, and ran—I joined him—after Davis had run 100 or 150 yards, he turned and faced me—he drew the handkerchief out of his bosom and threw it down—it was brought to me, and it was mine.
Davis's Defence. Some person chucked a handkerchief into my breast; I chucked it down again, and they called, "Stop thief," after me.
Bouffler's Defence. I was going down Butcher-hall-lane on an errand, and was taken.
Hester. I was with Bouffler; I know nothing about the handkerchief.
DAVIS— GUILTY . Aged 17.
BOUFFLER— GUILTY . Aged 15.
HESTER— GUILTY . Aged 15.
Confined Six Months
NEW COURT.—Tuesday, February 4th, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 21.— Confined Four Months.
GUILTY . Aged 29.— Confined Four Months.
BENJAMIN ROBERT WRIGHT . I am an oil and colourman, and live in Castle-street, Marylebone—I sell candles. The prisoner was in my employ—about ten o'clock in the evening, on the 10th of January, I stopped him in going out—I said I should like to know what he had in his pocket we—he said, "Nothing"—he was taken to the station, and in his pocket we found this paper, containing three pounds of candles, with my brother's mark on it.
Cross-examined by MR. O'BRIEN. Q. Have you a partner? A. No—he did not draw a bundle out when I first asked him—I stated before the Magistrate that he said, "I have nothing"—this is my signature to this deposition—he afterwards drew out a parcel—I have known him to have
several fits—I never found him at my door in a state of insensibility—I went to his lodging with a policeman, and found some of my bills there, which he ought to have delivered—there was an arrangement that his salary should be 19s. a week, instead of 18s., if he suited me; but I told him, his memory being bad, and his being subject to fits, I could not give him more than 18s.
The deposition being read, stated, "I asked him what he had in his coat pocket; he seemed rather confused, and drew a paper parcel partly out of his pocket; I saw the end of a candle in it."
GUILTY . Aged 30.— Confined Four Months.
ARTHUR TOOKE . I live with William Henry Kerr, a bookseller, in Duke-street, Manchester-square; the prisoner was his errand-boy. On the 6th Jan. I gave him half-a-crown and 2s. 6d. to purchase newspapers—he went out, and never returned till he was brought back by the policeman—he ought to have come back about seven o'clock.
EDMUND TREBBLE (police-constable S 241.) I took the prisoner, on the 7th of Jan., at Bushey—he said he was going to Birmingham—I told him I suspected he had run away—he said he had not, that he lived with his mother, in Duke-street, Manchester-square—I said I should take him back—he then said he lived with Mr. Kerr, and ran away, having 5s. of his money.
GUILTY . Aged 16.— Confined One Month.
467. DANIEL PICKETT was indicted for stealing one handkerchief, value 6d.; 1 pair of trowsers, 10s.; 1 sovereign, and 13 half-crowns; the property of Elijah Hunt : and 1 handkerchief, value 2d., and 1 half-crown; the property of Joseph Rose.
ELIJAH HUNT . I am in the service of a gentleman at Gunnersbury, near Ealing. I had a box in a room over the stable—I left it about four o'clock on the 7th of Jan.—it had then thirteen half-crowns and a sovereign in it, a pair of cloth trowsers, and a white handkerchief—I retured at four o'clock that afternoon—the box had been broken open, and the money and these things were gone—these are my trowsers—the prisoner had lived fellowservant with me there, but not at that time—he knew my box, and, I suppose, knew there was money in it.
JOHN CRAMP . I am an officer. I found the prisoner at Maidenhead, and found on him the duplicate of these trowsers—he said he stole twelve half-crowns and a sovereign, six sixpences, and one shilling, out of Hunt's box, also a pair of trowsers and a handkerchief; that he was very sorry, and it was poverty drove him to it
Prisoner. I am very sorry it happened so; I have a wife and one child; I had no victuals to eat, nor anything to pawn; the prosecutor was the cause of my leaving my place; we both went to Uxbridge, and stopped at a public-house.
ELIJAH HUNT re-examined. I have known him since Michaelmas—I do not know whether he was distressed—he got tipsy, which was the cause of his losing his place—I was with him, but I was not the cause of his stopping—I was not drunk.
GUILTY . Aged 23.— Confined Four Months.
WILLIAM EDMONDS . I live with Mr. William Dixie Mills, a cheese-monger, in Westminster; he sells ham. About twelve o'clock on the 13th of Jan., Mr. Shaw beckoned me—I went out of the shop, and saw a boy running—he went round Peter-street, and dropped this knuckle of ham, which I can swear is my master's; I cut it myself—I cannot swear who it was dropped it.
DAVID WALSH (police-constable B 54.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted 27th Nov., 7th Vict, and imprisoned three months)—the prisoner is the person; and he has had three months' imprisonment since then, for attempting to steal boots or shoes from a shop door.
GUILTY . Aged 14.— Transported for Seven Years.
MR. WILKINS conducted the Prosecution.
JOSEPH PHILIP SHAW . I am an appraiser and house-agent, and live in Mortimer-street Cavendish-square; the prisoner was my clerk for one year. On the 21st of May I sent him to pay some money, and I sent him specially that day about the taxes to Mr. Priest, the assessed tax gatherer, and to Mr. Payne for the empty rate—he did not pay me that day any money as received of Mr. Payne, nor has he ever paid me any money on account of the empty rate—the amount of it was 1l. 11s.—there are four entries of the prisoner's handwriting in this book, of that date, three for rates, and one on another business, but there is no entry of that rate—this is the receipt for it—it is in the handwriting of Mr. Payne—the signature is the handwriting of the prisoner—I have no doubt of that.
Cross-examined by MR. CLARKSON. Q. You have had the misfortune to charge several persons with taking money and goods? A. Yes—I once charged a man with taking silk from me—another man brought an action against me, and recovered about 15l. damages—I never charged a man named Spence with taking a watch from me—I directed the prisoner specifically to go to Mr. Payne for these taxes—I did not state so before the Magistrate—when I referred to the book, and charged my memory with a particular check, which the prisoner marked, it brought it to my mind—that was after the defence the prisoner made—about 1000l. may have passed through his hands, during the twelve months he was with me—I had his two sons in my service—one named William, who was convicted last sessions, and one named Thomas—he has absconded—the signature to this receipt is in the name of Thomas—I had a settlement with the prisoner, in which I received 10l. and a fraction—that was about the 10th of August—the money agreed upon was all inserted in that paper by the prisoner in August—there is an account of other monies, but not of this 1l. 11s.—there were several monies which I had not received an account of at that time—this is the only charge of embezzlement which I make at present—I heard Mr. Payne examined before the Magistrate,
and express a doubt about the prisoner being the person who received the money, and he explained the reasons of bis doubt—the prisoner was in a light coat when he came to him, and then he was in another coat, and he stood with his face from the light—Mr. Payne was very nervous—but he said, when he turned, his doubt was entirely removed—the prisoner's son William was charged with several offences—one charge was by the Union Bank—when I settled with the prisoner in Aug., he gave me a note, which has not been paid.
MR. WILKINS. Q. You were asked whether you had said anything about having sent the prisoner that day for the empty rate, and you said something about a check? A. Yes, I gave a check for 12l. to pay money that day, which is dated on the 21st of May, in his own book, and after he had been before the Magistrate I found it—two or three years ago, certain men in my employ robbed me of some silk and horse-hair, and one man whom I had not charged, but who had sold or vended some of it, cut his throat.
WILLIAM PAYNE . I am receiver of rents for the late Frederick Franks—I live in Harewood-street—I remember a person calling on me on the 21st of May last, for five quarters' empty rate, for a house in Queen Anne-street—the prisoner looks very much like the person—I cannot say that I have any doubt that he is the man who signed this receipt.
Cross-examined. Q. Do you mean to swear positively to him? A. He is very much like him—I will swear more positively to the man by seeing him than I will to his signing the paper—I will pledge my oath he is the man—I am not so certain about his being the man who signed the receipt—I never said that, as I thought it could not be the prisoner's son, it must be him—I said I paid two sums, both of which were 1l. 11s.—the first was on the 21st of May, the other on the 4th of June, and I had some little doubt about which was which—if I am right, I saw the prisoner on the 21st of May; if not, I never saw him till he was before the Magistrate.
MR. WILKINS. Q. You have said you are certain the person who received the money wrote this paper, look at this other paper, which is signed W. Wick; are these the two receipts given on those two occasions? A. Yes—one of them is signed William Wick, the other Thomas Wick—I should say the prisoner's son signed the William Wick.
NOT GUILTY .
MR. WILKINS conducted the Prosecution.
JOHN WILSON . I am a law-stationer, and live in Charles-street, Middlesex-hospital. About the 20th of May last I had a house to let in Mortimer-street, Cavendish-square—the prisoner called on me about eleven o'clock one day, but I do not know when—I should say it was in May—he stated he came from Mr. Shaw, in Mortimer-street, that he heard I had a house to let, and he could find me a very good tenant—I said I had a tenant in treaty for it, but he was an artist, I did not like artists, and if he could produce me an undeniable tenant, I should have no objection to let him let it, and to deal fairly with him if he let the house—here is an agreement for letting the house, signed by me and Mr. Shaw, and attested
by Thomas Wick, the prisoner—the house was so let by my consent, and this bill (looking at it) was delivered to me shortly subsequent to the 24th of June—I do not know who delivered it, but this is the bill that was left—in July the prisoner called on me one Saturday, and said Mr. Shaw was on the Continent, that he was short of money to pay the men, and he should be obliged if I would pay that account—I said, "Oh no, it was agreed that he was to have 2 1/2 per cent.," and he has charged me 5 per cent., but I said, "If three guineas will meet the case, and you are authorised to sign the receipt, I will pay you"—he said he was—he drew up a receipt for 3l. 3s., and I gave it him—I said, "If I hear no more of this when Mr. Shaw returns, I will give you half a guinea for yourself"—this is the receipt be wrote—I have no doubt that I paid him the money on the day this bears date, the 27th of July.
Cross-examined by MR. CLARKSON. Q. Did you know where he was living? A. No—I paid him on account of Mr. Shaw—the receipt expresses that—he did not tell me that he would receive the 3l. 3s., but the question as to the amount of the commission must be reserved till Mr. Shaw returned from France—he said when Mr. Shaw came to town he would make it all right.
JOSEPH PHILIP SHAW . I am a house-agent, and live in Mortimer-street. The prisoner was in my service, and led me on the 6th of July—after that time he had no authority to receive money on my behalf—this bill and his receipt are both his handwriting, one written with a quill pen, and the other with a steel pen—I first became acquainted with his having received this money, when I applied for it in December, and Mr. Wilson produced this receipt.
COURT. Q. Are you sure the prisoner hat not paid the 3l. 3s. to you since? A. Yes, it was not mentioned.
Cross-examined. Q. When did he come into your service? A. In July, 1843—I have had his acceptance in two or three ways when he has had money of me—I have not availed myself of his name for the purposes of my business—I received acceptances of his to the best of my belief not more than twice, but I will not swear that—one was for 10l. 9s.—that was the amount of the settlement—I never had but one besides that—that was not for 70l., it was for something odd—he did not owe me that money at that time—he once borrowed 20l. of me—I did not borrow his name—he seduced me into some speculations that I found were false representations, a perfect take in—I have not desired him to borrow money of his friends—he said he could borrow money to any amount—he never procured me 1s. from his friends, or from any one—he was my confidential clerk, and knew all my affairs—I had a great sum of money due to me—he said he was related to some bill-brokers, and he would take my bill, and could get money to any amount, but they said they would have nothing to do with it, they did not know me, and would not take his acceptance, and the bill was brought back to me—I have not negotiated his acceptance, to my knowledge—I paid that bill away to a respectable house of business in the City, where my name is well known, instead of having another bill, as it was not worth while to throw the stamp away—he was not to be paid by commission from me—he never made any demand of commission till he had obtained money, and then he alleged that I promised to give him a commission on all business that he procured—I was
in France on the 27th of July—when I settled accounts with him in Aug. the subject of a commission was not discussed—it was not in consequence of my admitting that he was entitled to commission, that the balance was settled at 10l.—he was arrested, and taken off with all my papers in his care—he came to my house in my absence—he did not come in my presence, till he came to the settlement in August—he had not applied to me for the settlement of commission before that, or for the settlement of accounts—he did not tell me at the time of the settlement, that he had seen Mr. Wilson, and received this money, and left the difference to be settled between us, nor mention it at all—he did not apply to me for money before I went abroad, and I did not refer him to the persons with whom he had been doing business—he wrote to me when he was in prison—he owed me 20l., and I owed him 12l., and I wrote to him to apply to his friends—I did not say, "To his friends and to those for whom he acted."
MR. WILKINS. Q. In the settlement in Aug. did he say one word about this account of Mr. Wilson's? A. No, he never hinted at it at all.
GUILTY . Aged 44.— Confined Six Months.
MR. MELLOR conducted the Prosecution.
JOHN SEWARD . I am groom to Mr. Benjamin Weald, of Pinner. I had a gun of his in Jan., and placed it on a bench against the window in the coach-house on the 17th of Jan.—I went there next morning, and it was gone—I saw it again on the 22nd at Edgware, in the possession of the policeman—this is it.
THOMAS ELEMENT . I am a carpenter, and reside near Pinner. On Tuesday, the 21st of Jan., about twenty minutes before nine o'clock, I was going to Pinner—I saw Armstrong standing in a field looking round, as if to see whether any one was coming—I went on and met him—I said, "Halloo, Joe!" and he said some words—I went on, and kept looking back—I saw him go to the gutter and take a gun out of it.
THOMAS BAKER . I am a labourer in the service of Mr. Weald. I saw Armstrong on the 21st of Jan., about nine in the morning, carrying a gun before him—it was in two pieces—I never saw a gun carried so before—no one could see it unless they were before him—I knew the gun, and said to him, "Halloo, Joe! what are you going to do with the gun?"—he said, "To shoot something if I can"—I walked on a step or two, and then I said, "That is my master's gun"—he said, "How came you to think of that; it is my brother Jacob's"—I said I would swear to it as my master's, and I must have it—he said, "If it is your master's gun take it"—he gave it up to me, and told me how he got it.
JOHN FUZZENS (police-constable T 85.) I took both the prisoners on Tuesday, the 21st—Armstrong said in Sharp's presence that he had the gun from Sharp—Sharp told me he had it from Mr. Weald's railing.
Sharp. I saw the gun against the palings; I took it up and put it in the hedge; I never gave it to Armstrong.
Armstrong. I picked it up, and when the man owned it I gave it up.
NOT GUILTY .
(The prisoner being a foreigner, had the evidence interpreted to him.)
ELIZABETH SIMMONS . I am barmaid at the Cock, in Leadenhall-street. The prisoner lodged there—I was making up a silk dress—I put it in one of the drawers in the room where he was lodging between eight and nine o'clock in the evening, before be left—no one but him went into the room except Redding the servant, who waited on him—the prisoner left about two o'clock the next day—directly he was gone I went to the drawer to look for my dress, and missed it—I saw the prisoner about three weeks afterwards in St. Mary Axe—I told him about the dress—he said he had lost a pin in the house, and if I would give him the pin he would return the silk, or tell me where it was, I cannot say which, as I was behind him.
Cross-examined by MR. CLARKSON. Q. Who is the owner of the Cock? A. Mr. Lubbock—he came from Lynn, in Norfolk—I came from Fincham—I came with Mr. Lubbock—I have not been living in adultery with him in presence of his wife—I never slept with him in my life, and never had connexion with him—his wife is living in the house—they have had words sometimes, but not about me, that I know of—he was formerly a cow-keeper at Lynn, and he was afterwards a cow-keeper at Clerkenwell, but I was not there—he and his wife and I all came from Norfolk to London together—I do not know whether he was summoned before a Magistrate for ill-treating his wife—I lived at Fincham when I was at home—my mistress was in the house when I missed my dress, and she heard me crying—I do not know that I mentioned it to her—I repeat that I have not been more intimate with Mr. Lubbock than the law allows with a married man—I have never seen my dress since—I was here yesterday with Mr. Lubbock—I did not hear him speak of a person of the name of Neumegen—the prisoner lived better than three weeks at our house—he was recommended by a neighbour—I do not know Margaret James, or Elizabeth Vaughan—I know by sight the servant of the woman who recommended the prisoner—I saw that servant between the time of the loss of my dress and the prisoner being taken—I did not say one word to her about it—she did not tell me that I knew the prisoner was living with her—a young woman came to our house about him, at whose house he went to lodge after leaving us—I did not say a word to her about having lost a dress, or suspecting that he stole it—I stated to Mrs. Vaughan that the prisoner did not owe us anything, but that he behaved rather shabby to the girl in giving her 1s. instead of half-a-crown—I did not say a word about having lost any dress—my master was not at home—when he came home I said the prisoner was gone to live in St. Mary Axe—my mistress was gone for a walk—I do not know Mr. Levine.
COURT. Q. You missed the dress directly the prisoner went? A. Yes, and three weeks after a woman came about his character.
us all—the cab had not been gone three minutes before my girl said, "I hope he has not taken my dress"—she ran up stairs, and cried out it that was gone—I ran after the cab, but could not find it—about three weeks afterwards a woman said he had come to lodge with them—I went there the next morning, and made Simmons go with me—I went up stairs, and found the prisoner in bed—I said, "How do you do? You are soon back from France"—he said he had not been—I said I came to inquire about a silk dress—he said, "Me lost a pin in your house, if you give me pin I will tell you about the silk"—I think there has been a deal of undermining work through the whole piece—there were two witnesses bribed to keep away, and a woman has been brought up to say anything against me.
Cross-examined by MR. BALLANTINE. Q. Are you licensed as the owner of the Cock? A. Yes—I got the license at Guildhall—I came from Lynn, in Norfolk, in October last, I think; but I had been in London before that—I was then a dairyman, and had twenty-two cows—Simmons has lived with me as barmaid ever since I have been in that house—I brought her with me from Fincham, where I married my wife—she came up with me and my wife and child—I lodged a week in Pimlico, and then went to the Horns in Whitechapel, and then to the Cock—Simmons was living with me—I am living with my wife, who is now in Court—I cannot swear whether my wife was in doors at the time the prisoner left my house—it was about one or two o'clock in the day—we dine about one or two—it is uncertain, and depends on our trade—it was after dinner that the prisoner left—I think my wife was at home when Simmons complained of the loss of her silk—I cannot swear it—I cut off after the cab—I had no conversation with my wife about it till I came back—she was then in my bar parlour—she has never accused me of paying too much attention to Simmons—as long as Simmons is honest in that bar I shall always behave right to her, and my wife has nothing to do with it—I cannot tell whether she has complained in Simmons's presence of my attention to her—I never paid her any improper attention—if I have slept with her, I should never kiss and tell—that will not do.
MARTIN NEUMEGEN . I am a carpet-bag manufacturer. I know the prisoner—he assisted me with a little money in my business—he asked me once if I knew anybody that wished to buy remnants of silk—that is all I know about silk—that was one day before Christmas—I cannot recollect the month.
Cross-examined by MR. CLARKSON. Q. The prisoner, I believe, made, your acquaintance in one of the public walks near the Royal Exchange? A. Yes—he speaks German, and so do I—we come from the same town, from Posen—I told him I could carry on the business of making carpet bags if I had money to buy materials, and then he joined with me—he would not allow me to have the money—he bought the carpet, and they were taken to a room which he took—I was to make the bags, and he was to share the profits with me—we worked together in this way for three weeks—I do not know that I was in his debt at the end of the three weeks, but he went away one Monday morning about three weeks ago—it is about five weeks ago since he asked me if I knew where he could sell remnants of silk—we did not quarrel about the irons and the padlocks used for the carpet bags—I went to the Cock public-house once with him—I
never went there before—I first heard that Simmons had lost her silk when they took the prisoner up—I went there to look after him on the Monday that he left, and then they told me they had lost some silk—I never said, "I will serve him a trick; where he lodged they have lost some silk, and I will go and say he wanted me to sell it for him"—I never said so to Mr. Cohen, no such words as that.
MR. CLARKSON to MR. LUBBOCK. Q. Was it no longer ago than yesterday that you said you did not believe a word that Neumegen said? A. Yes, and I say so now, and the Lord Mayor told him so as well—they bribed him away, and then he wanted to run from his tale.
MR. CLARKSON called
MARGARET JAMES . I keep a dairy in St. Mary Axe. The prisoner came to lodge at my house on Monday, the 6th of Jan.—on the following day Neumegen came to my house—he made some statement with respect to himself—I sent Elizabeth Vaughan to the prosecutor's house, and on the following morning I found Lubbock, Simmons, and an officer, at my house—I could not understand what the prisoner said on that occasion—he appeared to me to be very indignant—I understood that he wanted a lodging, by repeating his words over and over.
ELIZABETH VAUGHAN . I am servant to Mrs. James. On the 7th of Jan. I went, by her desire, to the Cock public-house—I saw Simmons, and inquired of her about the prisoner—she told me he had paid all his lodging, but he behaved rather shabbily to the servant—she did not say she had lost any property.
COURT. Q. Have you spoken often to the prisoner? A. No—I spoke the first day he came there, when I took his breakfast—I could scarcely understand him—he said he wanted bread and butter, he had got coffee and sugar himself—he did not say it distinctly.
HENRY LEVINE . I keep an eating-house in Bury-street. The prisoner came from abroad to my house, and wanted to lodge there—I took him to the Cock, and asked the landlord if he had got room for that man—I saw Lubbock after the prisoner left him—he did not complain or make any charge against him—the prisoner complained of having lost a pin—I spoke German to him.
PHILIP MISCH . I am a German. The prisoner is my brother—he is a German—I do not think he can speak English—he has been about six or seven weeks here—I know he was lodging at the Cock—I was there once or twice—I remember Neumegen coming to try to get the iron away for making the carpet bags, and I gave the prisoner a caution to lock the door—my brother has borne a good character in Germany and here.
----SIMONDSON. I live in Mount-terrace, Whitechapel. I have seen the prisoner two or three times—I have been at the place where Mrs. James lives—Neumegen spoke to me about the prisoner—he said in German, "Don't let him think he is in Posen, he is in London, and I will serve him out for it."
----COHEN. I am a cap-maker, and live in Cutler-street. Neumegen said to me, "I want to give that young man in charge for robbing me of the irons"—I said, "I am sure he would not rob you"—he said, "Yes, he robbed me of the irons I had from Robinson, in Cheapside"—I thought I would go and tell him of it, and he said to me he wanted to give him the irons with the bags, and he should pay him the difference, and he had lost
100 dollars—I went down to Neumegen, and he said, "If I cannot do him with the irons, I shall go to the public-house; I know there has been silk robbed there, and I shall tell the publican that he told me I should sell it for him."
NOT GUILTY .
HENRY HUBBARD . I am shopman to Mr. Henry Worms, of the Minories. I had this pair of Clarence boots safe at five o'clock in the evening, on the 28th of Jan., inside the warehouse—I did not miss them till they were brought in by the policeman with the prisoner.
LOUIS SAMPSON . I live in Old Change. About five or six o'clock in the evening of the 28th of Jan. I was in the Minories, and saw the prisoner come out of the prosecutor's shop with the pair of boots—he passed me and came up to two men, and said to them, "Run, I have got them"—I ran, and never lost sight of him—I gave him into custody—I saw him drop the boots.
Cross-examined by MR. HORRY. Q. In whose service are you? A. In my father's, who is a merchant in the Old Change—I was waiting for our traveller, who was in Mr. Gregory's shop, in the Minories—he was just coming out of the prosecutor's with these boots in his hand, holding them up to his breast, between his coat and his waistcoat—I saw them distinctly—I was standing within five yards of the shop door—he went towards Haydon-square to the two men—he then said, "I have got them, run"—I was close behind him—I told the Lord Mayor that he said so—I ran after him—I did not call to any one till I saw the policeman, who was not fifteen yards from the place—I saw the policeman pick the boots up—the prisoner dropped them directly the policeman laid hold of him—he was in private clothes—I said, "Stop that man, he has got a pair of boots."
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
474. MARY KIRBY was indicted for stealing 288 yards of galloon, value 12s.; 100 yards of binding, 1s. 6d.; 144 yards of silk twist, 2s. 6d.; 36 buttons, 9d.; and 50 yards of tape, 6d.; the goods of Henry Moses, and others, her masters.
BEZALEEL GOLLIN . I am managing clerk to Henry Moses and two others, at Nos. 2 and 3, Aldgate. The prisoner has been employed by them as charwoman for twenty-five years—they have missed galloons, bindings, and other articles, too numerous to mention—on Sunday morning, the 19th of Jan., I went to the warehouse with another person—I saw the prisoner in an adjoining room, and watched her—we called her, and saw her deposit these articles in the grate—she had no business with them—they had been in a drawer in the warehouse—previous to this we have had goods brought to us to sell which had been stolen from us.
Prisoner. I did not take a thing.
GUILTY . Aged 52.— Confined Six Months.
FREDERICK DANIEL SMITH . I am partner with my father, Daniel Smith—we are tallow-chandlers, at Ealing. The prisoner was our carman—our man gave him six packets of candles to take to Etherington, a grocer, at Eton—he had no business with any blue at all—he was taken into custody on the 14th of Jan., charged with stealing candles—he said, "I know I have been very bad, don't make me out worse than I am," and at the same time he offered some money, and said, "Here is the money for the candles"—I did not take it.
CHARLES HALL . I am foreman to the prosecutors. On the 13th of Jan. I delivered six papers of candles into the prisoner's possession, each paper contained 61bs.—they were in a box, to go to Mr. Etherington, at Eton—he had a load of other things—we found the greater part of the candles at the Crown, at Kilburn—he brought the box back in which the candles had been—I asked if they were all right, and he said, "Yes"—I did not give him any blue, but I missed some.
Cross-examined by MR. BALLANTINE. Q. He took out a large packet of goods? A. Yes—there were various articles, treacle and starch, and other things, to go to Eton and Slough—he was to return at night—I gave him the invoice, but it was not receipted—this blue was kept in the warehouse—the prisoner did not go into the warehouse after I delivered him the candles—he must have taken the blue before, if he took it at all.
DANIEL CHEESMAN . I am a carman to Messrs. Smiths. I helped to load the cart—the prisoner was to go with it to Eton—I saw him when he came home at night, and before he went away he told me he had made away with one packet of candles—he was discharged on account of the blue, as I understood, and he gave me three notes—I went to Colnbrook the next day, and found a cask of treacle, five packets of candles, and 141bs. of blue, in a stable at the Crown—I then went on and delivered the articles.
Cross-examined. Q. Where was it he told you this? A. In our own stable—I did not know that there were any candles missing, or any charge against him—he stood by my side till he was discharged—I made no answer to him—I have got the place he had.
MARIA HEMMINGS . I keep the Crown, at Colnbrook. The prisoner came there on Monday, the 13th of Jan.—he said he was very late, and asked if he might leave a few things till he came down next day, and then he would take them—he left the treacle and blue, and some other things, in the stable—the blue was in a paper like this—he was drunk.
Cross-examined. Q. How do you know it? A. By the turning of the paper—I was helping the foreman to pack the things—I packed this on the Saturday night.
FREDERICK DANIEL SMITH re-examined. This paper of blue was packed up on the Saturday with other goods—it was going to Mr. Eyre, a grocer, at Windsor—prisoner had nothing to do with it—I meant the other
man to have taken it—I did not authorise anybody to send it by the prisoner.
NOT GUILTY .
FREDERICK DANIEL SMITH . The prisoner was in our employ. On the 10th of Jan. he had eleven papers of starch weighed to go to Mr. Lawrence, a grocer—he had an invoice of the starch, and he had return notes of that, and of all the goods inclosed in the invoice—I received no return notes from Mr. Lawrence.
Cross-examined by MR. BALLANTINE. Q. Is Mr. Lawrence here? A. Yes—I saw the starch weighed, and entered it in the day-book—I delivered the invoice to Charles Hall to deliver to the prisoner.
CHARLES HALL . I weighed the starch on the 10th of Jan.—there was 56lbs. of it in eleven papers—they were to go to Mr. Lawrence—I placed them in a box, and gave it to the prisoner to place in his cart, and I saw him place them in—I delivered him the invoice—the box was not fastened—he returned the same evening, and brought all the return notes back, except Mr. Lawrence's—I asked where it was—he said he had lost it, and Mr. Lawrence had written on it, "The weight short."
WILLIAM LAWRENCE . I sent to Mr. Smith's for this starch, and the prisoner brought ten papers, which weighed 50 3/4lbs., which was 5 1/4lbs. short—I wrote on the return note, "Received ten papers," and the weight—I asked the prisoner if he had not another paper in his cart, he said he had not—I told him of the deficiency—he said he did not know how it was—I told him to acquaint his master on his return.
GUILTY . Aged 23.— Confined Four Months.
477. MARY SULLIVAN was indicted for stealing 8 1/2 yards of tweed, value 18s.; 4 1/2 yards of calico, 1s. 5d.; the goods of James Connor: and 8 3/4 yards of woollen cloth, 2l. 5s.; and 1 shawl, 5s.; the goods of John Murray, from the person of Catharine Murray.
CATHARINE MURRAY . I am the wife of John Murray—we live in Mill's-court, Petticoat-lane. On the 25th of Jan., about one o'clock in the day, I met the prisoner at the corner of Field-lane—Mr. Connor was with us, and treated us with a drop of beer—the prisoner, who was sitting at the public-house door, came in and spoke to my husband and to Connor, and asked them where they came from—Connor said, "From Derry," and the prisoner said she came from the very same town—she stopped with us till we were coming home—she came as far as Smithfield—I had a parcel, containing this black tweed, the calico, and the other things—I laid it down to tie it in my shawl, and she begged to do it with me—she said, "Is your husband coming?"—I turned to see, and when I turned round, she was off with my parcel—it had been on the ground by my side, not in my hand—I am confident she is the person—I found her that night, between eight and nine o'clock in Field-lane—the policeman found my shawl and the calico in her house—these are them.
Prisoner's Defence. She gave me the parcel out of her own hand to take care of—I thought I would pawn the things, and hare them out as soon as they were up on Monday; I did not make away with a halfpenny of the money; she would not give me time.
GUILTY . of Stealing, but not from the person. Aged 40.— Confined Four Months.
NEW COURT.—Wednesday, February 5th, 1845.
Fifth Jury, before M., Common Sergeant.
GUILTY . Aged 19.— Confined Four Months.
479. THOMAS CRANE was indicted for stealing 4 half-crowns, 7 shillings, 6 sixpences, 7 groats, 72 pence, and 40 halfpence, the monies of Susannah Quarterman, his mistress; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 14.— Transported for Seven Years.
GUILTY . Aged 14.— Confined Four Months.
PRENDERGAST conducted the Protecution.
GEORGE WADE . I live in Lower Shadwell, and am clerk to John and Thomas Charrington, coal-merchants. On the 28th of Dec. the prisoner came to our wharf, and asked the price of coals—I asked his name, where he lived, and whether he sold coals—he said, "Yes," and ordered three tons—he said he lived at No. 121, Long-alley—he did not say whose business he had got there—I booked his order, and asked him for the money—he said, "I have not got the money with me, but I will send it back by the carman"—I said, "It is usual to pay for them; understand, the money must come back by the carman"—I repeated those words again (it is customary in the coal-trade for all strangers to pay before the coals are shot)—I sent the coals the same evening.
Cross-examined by MR. PAYNE. Q. Did the carman come back with the empty wagon? A. Yes, and without the money—I told him 36s. a ton, but I sent them in at 34s.—my master gave him into custody, and had him taken before Mr. Ballantine, the Magistrate—I gave my evidence and the carman also—Mr. Ballantine discharged him—he was taken again by Mr. Clowes, and I had to appear before Mr. Norton—I gave the same evidence that I did before Mr. Ballantine, as far as I could recollect—I have not offered to take any part of the money since—I sent the carman
to the prisoner after he was discharged by Mr. Ballantine—he said he had not got the money.
MR. PRENDERGAST Q. You did not go for the money? A. The prisoner sent a person on the Tuesday morning to know if I would take part of the money—I went with her to Long-alley—I did not see the prisoner—I got no money nor coals—I found a miserable hole, and four fellows round the door—I expected to be robbed.
THOMAS AMBROSE . I am carman to the prosecutors—I received orders to take three tons of coals to the prisoner's house in Long-alley—I took a receipt with me for the money—my orders were to bring the money home to the counting-house, and to take the money before I shot the coals—I went to Long-alley and saw the prisoner—I showed him the receipt before I shot the coals—he said he would pay me as soon as the coals were shot—he said the money was all right—the place I took the coals to was in Long-alley, about seventy yards from the public street—I shot them on that condition, that the prisoner promised to pay me as soon as they were shot—when I had shot them he called me into a little room adjoining the shop—he gave me the receipt back, and said he could not pay me, his friend not having come forward—I said I should get into a sad noise at home, for not taking the money home—he said I should not get into any difficulty, the money should be right on Monday at dinner-time—there were no more coals where these were shot—I could have got them out again with other help—I asked where his friend lived—he said in Brick-lane—I went and enquired at coal-sheds along Brick-lane if they knew a Mr. Manley, but I could not find any person who knew him—I went back to our wharf and told Mr. Wade I could not get the money, and that the man promised to come on the Monday at dinner-time and pay for them—I went to the prisoner's premises on the Monday, as he did not come—I saw him sitting in the back room adjoining the shop—I said, "You have not been according to promise to pay for the coals"—he said, "I was just talking about you, my friend has not come"—I waited there about ten minutes, and persuaded him to come to Mr. Charrington's office, in Fenchurch-street, which he did—I did not find the friend—some of the coals were ordered to go to Broad-street-buildings before they were shot—they were weighed while we shot them.
Cross-examined. Q. How much were the coals? A. The bill was 5l. 2s.—I saw him weigh up several small quantities—there are a great many houses and shops in Long-alley—it is a great thoroughfare for small shops—when he said he had been talking about me I said, "Come with me to Mr. Charrington's office"—he said he wanted his tea—I said it would not take more than ten minutes—he went to Mr. Charrington'Si and he sent me for a policeman to take him, as soon as he got him in the counting-house—there was not any name over the door of the prisoner's shop on the Monday that I could see—I looked for the name—I did not see it—I have not been there since.
(William Drake, a shoe-factor in Brick-lane, gave the prisoner a good character.)
GUILTY . Aged 23.— Confined Six Months.
482. JAMES HURLEY and SAMUEL CANTELO were indicted for breaking and entering the warehouse of the London Dock Company, and stealing therein 1471bs. of tobacco, value 25l.; and MATTHEW CLARK and WILLIAM JOHNSON for procuring, hiring, and commanding them the said felony to do and commit; and that Johnson had been before convicted of felony.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
JOHN CLEMENTS . I am an officer of the London Docks. Between the Western and Eastern Docks there is a small dock, called the Tobacco Dock—between the Western Dock and the Tobacco Dock there is a bridge—a person standing on it can see a shed which is near the Eastern-quay warehouse—there are two cranes near the shed—the roof of the shed is not so high as the warehouse—a person by the cranes could get on the roof of the shed, and then to the top of the warehouse—the eastern side of the Eastern-quay warehouse is bounded by Bird-street, and the wall of the warehouse on the Bird-street side is very steep, and is thirty-five feet high—in going over the roof of the shed to the top of the warehouse there are several lanterns—my attention hat been called to two of them in particular—they shut with a swing sash, which is fastened by a cord—& person outside, by cutting the cord, could get into the warehouse, and they can cut the cord outside—Bird-street and Tent-street meet, and form a right angle near the East-quay warehouse, and there is in that angle a privy, the dome of which is fifteen feet high, and the top of the wall of the Eatt-quay ware-house is ten feet above that—a person could easily get down there by means of a rope or line—there is a lantern on the top there—opposite that there is Johnson-street, which is at right angles with Bird-street—on Saturday morning, the 4th of Dec, I went on the roof of the warehouse, between four and five o'clock—I looked at several of the lantern—I did not find that the cord of any of them was cut then, but between nine and ten I found that a cord of one of them was cut, and near to it I found tome lucifer-matches, some of which appeared to have been tried to be ignited—there was another lantern nearer to Tent-street opposite Johnson-street, the cord of which had been cut—I found some small pieces of leaf tobacco on the roof, in a direction from the lantern which I found open nearest to Tent-street—they had carried the tobacco from there to the light opposite Johnson-street—I went to the angle formed by Bird-street and Tent-street, and found an iron hook fastened in the wall, under the cap-stone—this is the took, and this thimble and rope were attached to it, and the thimble was lying over the edge of the cap-stone, towards the street—I could perceive a cord had been drawn through it, and there were marks on the capitone of the rope having been drawn over that—I examined the tobacco warehouse, and found one hogshead of tobacco, with the head out lying almost immediately under the lantern nearest to Tent-street.
CHARLES NASH . I am a shoemaker—I live in Old Gravel-lane, at a house kept by Mr. Salter, who is so ill he cannot attend—he keeps the White Lion. On Monday, the 30th of Dec., J saw Johnson and Clark there with Mr. Salter—Mr. Salter told me, in their presence, to take the key, and go to No. 3, Johnson-street, and show them a room that was to let there, which belonged to Mr. Salter—I took them—they looked at an empty garret there—there was no bed in it, and no grate—after that they went back with me to Mr. Salter's—they had asked me if I knew what the room went at per week—they both took a part in asking—about a quarter of an hour after that I delivered the key to Clark, in Johnson's presence—I have seen that key since, produced by Clements, the officer—this is the key I delivered to Clark—they did not tell me what they wanted the room
for—I was present when the prisoner Hurley was apprehended, on Saturday morning, the 4th of Jan., about half-past eight o'clock, and within an hour after that I saw Johnson and Cantelo at No. 3, Johnson-street—they both came together, and went up into the garret—they did not speak, but went away in about two minutes—some tobacco had been removed then from the room.
Cross-examined by MR. O'BRAEN. Q. Where do you live? A. At Mr. Salter's, not more than 300 yards from Johnson-street—Cantelo and Johnson passed me on the landing of the house, No. 3, on the Saturday morning—I had not seen them together before—I was examined before the Magistrate on the Thursday following, and what I deposed to was taken down.
Cross-examined by MR. WILKINS. Q. Do you know the house, No. 3, Johnson-street, very well? A. Yes—four families live there—that garret had been vacant for some time, and was always kept locked—I do not know that there have been complaints of bad women going in there with men—I have heard no complaints of the door having been found open in the morning—the persons who live in the house seem very decent sort of people—there are two old widow ladies, but no other single women live there—Mrs. Rorder and her husband live there, and a young man, whose brother is in the Thames-police, has the back room—two of the floors are occupied down stairs, and two up stairs—there are four floors occupied besides the garret—I live at No. 1, Laycorn-place, not more than 100 yards from Johnson-street, but I work at the public-house.
Cross-examined by MR. PAYNE. Q. When did you first recollect that you saw Johnson and Cantelo for about two minutes, going up the stair-case on the Saturday morning? A. I recollected it all along, but the question has not been put to me before—I have had no conversation about it with any policeman, or the officers of the Docks till yesterday, when I mentioned it to Mr. Clements.
MR. BALLANTINE. Q. You said this house had five floors, do you mean five rooms? A. Yes.
Clark. Q. Who paid the deposit when we took the room? A. It was not paid to me—Johnson asked if I knew what the room went at—there were two rooms empty—you said you would prefer the lower room, having a stove in it; but Mr. Salter would not let that without the other—I believe the man who lives in the house belongs to the Humane Society.
----RILEY. I am a watchman in the London Docks, attached to the tobacco warehouse—he bridge between the western dock and the tobacco warehouse is on the north of the East-quay warehouse—I was watching there between two and three o'clock, on the 2nd of Jan.—I saw Clark and Hurley on that bridge, apparently talking to each other—I went towards them—Clark then separated, and went under the shed of the Eastquay, joining to the tobacco warehouse—that is the shed where the two cranes are—Hurley was joined by two other men, and remained on the bridge—I went into the warehouse, and saw no more—I was in the tobacco warehouse, on Friday, the 3rd of Jan., and saw the cords of the lanterns were all safe—they were not cut—I shut the warehouse at four o'clock—they shut the docks about six.
JURY. Q. Are they swing-cranes? A. Yes, the jibs swing over, partly level with the roof of the warehouse—they are swung round for protection—I believe some of the cranes are fastened up—I do not know whether these were—there is no grating over the lanterns.
Cross-examined by MR. WILKINS. Q. Do you remember going to an I Clerkenwell Prison? A. Yes, with Clements and Judge—I met the warder of the New Prison—I did not tell him I came to identify Hurley—I said nothing at all to him—he took me into a yard, where there were en I several persons standing in a row—I walked down before them—I looked at them one by one as I passed—I did not shake my head when I came out, that I know of—the warder did not ask if I could identify him—I did not say no—he asked me no questions of the sort—I did not express any doubt while I was looking at them.
Q. Did not one of your companions say in a loud voice, "There is Hurley and Clark?" A. Not a word—I did not bear the warder say, "If you come to identify any one, you can do so; but you must not make any remark"—I swear I did not hear him speak at all—he said no such thing to me—I was not within six or seven yards of him—he might have spoken without my hearing him.
Clark. Q. You had an officer with you; there were fourteen of the prisoners called out; Hurley and I were two of them; you asked which was Hurley and which was Clark? A. I asked where Clark was locked up—I knew you when I saw you—I have known you a long time—I do not know that I ever heard any orders for you not to come into the dock—I did not ask which was Hurley—I did not shake my head, and appear dissatisfied—I have seen you many times at the corner of Denmark-street, Ratcliff-highway, in company with persons who are now transported—I have seen you with Cantelo, drinking porter, or ale—I was not asked by my superior officer to attend at your first examination.
MR. HUDDLESTON. Q. Had you seen Hurley before you saw him on the bridge? A. I have.
JAMES TYLER . I am gate-keeper at the Wapping-gate of the London Docks. About half-past four o'clock on Friday afternoon, the 3rd of Jan., I saw Clark at the gate, and a man of the description of Hurley—I did not see his face, but, from his dress and stature and everything, I have reason to believe it was him—I hailed them, and asked where they were going—Clark answered he was going on board a craft or lighter; I cannot remember particularly the word—I said, "Who is that other man with you?"—he said, "He is my man"—I then let them pass.
Clark. Q. Are you satisfied it was half-past four o'clock? A. I cannot say exactly; it was after four—you had on a dark dress—you had a coat on—I have seen you often in the dock, but did not know your name—I am not mistaken in the person—it was you—I knew you by sight—you looked like a master-lighterman—you bad a hat and coat on.
JAMES SWINGLAND . I am a constable of the London Dock. I was there between four and five on Friday afternoon, the 3rd of Jan., and saw Clark under the shed on the east quay, near the tobacco dock—he was going towards the eastern dock—there were two persons before him—I did not take notice of them—I asked Clark where he was going—he said, "On board the Alkmar, lying in the eastern dock," and that he wanted to see a person on board—I told him the ship did not lie in the eastern dock—he said he knew that, but it was too late for him to go out that night, and he was going into the eastern dock—I said he had better walk with me to the principal entrance of the London Dock—he said, "Why should I go that way?"—I said, "It would be as well if you would walk that
way with me"—I took him to the watch-house of the London Docks, and was just about putting the question whether he had anything about him or not, when he said, "Here are two candles which I was about to give you"—I asked if he had anything else about him—he said, "No"—I searched, and found part of a box of lucifer matches on him, and an old key, which he said did not belong to him—I asked why he carried it—he said he did not know—I know Johnson—he was employed in the warehouse No. 3, in the dock—that is not a tobacco-warehouse, but he has been employed in the tobacco-warehouse—I think I have seen Johnson with Clark—the Alkmar was not in the dock then, she had sailed some weeks previous.
Cross-examined by MR. WILKINS. Q. Did you know Hurley? A. Only by sight—I have seen him come out of the gate of the dock, sometimes alone, and sometimes with others.
Clark. I told you I came to see John Wells. Witness. Yes—you were in conversation with two men before you—it is generally your way to talk with people before you, both in the street and other places—you said you were going on board the Alkmar, to see a sailor on board, and you used the man's name—you did not walk behind me when I went to the station; you walked by the side of me—you could not have thrown anything away—I found the box of lucifers about you—I told you to take them out, and you did.
MR. BALLANTINE. Produce the candles and the matches. Witness, These are them—I did not take sufficient notice of the other two men to know whether they were either of the prisoners or not.
SARAH BORDER . I am the wife of John Border; I live in the first floor front room at No. 3, Johnson-street; there is a garret, and the key of my room opens the garret. On Friday evening, the 3rd of Jan., about eight o'clock, or a few minutes after, I saw Cantelo on the top stairs—there was a man with him, and they were trying the top door—after they tried the door I came out of my rcom, and Cantelo asked if I would lend him my key—he said his sister, or the woman, had given him a wrong key—I said "You can have my key, but I do not know that it will open the door"—I gave him my key—I held the candle in my other hand—he opened the door, and they went into the room—Cantelo came and returned me my key—they remained in the room a little time, and then went down stairs—I was at home the following morning, when Hurley was taken—during the night I had heard footsteps going up and down continually to that room over my head—on the following morning three men came up the stairs as I stood at my door, talking to Nash—they said, as they passed up, "We will go and see how the fire goes on"—I said, as they passed, u That is the man I gave the key to," meaning Cantelo, who was one of them—I think Johnson was one of the others—I do not know which of them spoke about the fire.
Cross-examined by MR. WILKINS. Q. How late did you hear footsteps? A. The first of my waking up was about two o'clock in the morning, and then I heard footsteps going up stairs till half-past four, or a very little after, and I heard something fall heavy—I have lived in that house two years—I left it for eleven months, and while I was away the people moved who had had that garret and another room—the garret was empty about seven weeks after I came back—I never knew of persons taking shelter there—it is always kept locked—I heard a woman and child in the course of the night—I did not see them.
Cross-examined by MR. O'BRIEN. Q. What time did you hear the woman and child? A. Between two and three o'clock—I did not see who was with Cantelo when he applied for the key, but I considered it was a man by the voice—I was examined before the Magistrate—I did not then say I had seen Cantelo and the other man in the morning—females are not in the habit of entering that house late at night—there is myself, and two other aged females in the house—they live down stairs—one of them keeps a mangle, and the other keeps a school—I believe the man who had the garret and the back room was a carman at a soap-maker's—my husband is a labourer in the London Dock.
MR. BALLANTINE. Q. Did you hear enough of the voice to know whether it was a man or woman? A. I heard them talk—I considered it was a man.
MR. CLARK. Q. Was there not a room on the same floor with yours? A. Yes, the same persons occupied both the rooms—the back room is taken now—both the rooms were occupied that night.
JOHN WILLIAM JUDGE . I am an ironmonger, and live with my uncle, who is an inspector of the Thames police, at No. 5, Johnson-street, which runs into Bird-street. At half-past twelve at night, on the 3rd of Jan., I was at the window, and saw two men standing at the corner of Johnson-street and Bird-street—they stood there about five minutes, and then went away—about two o'clock in the morning I saw two men come from No. 3, Johnson-street, which is next door but two—they went towards the dock wall, and were joined by a man and a woman near the wall—I told my uncle—he and I went down after the men, but they were gone—about three o'clock I heard a noise like something falling from the dock wall in Bird-street, at the bottom of Johnson-street—I looked in the direction where something had fallen, and saw a female come from Bird-street and go into No. 3, Johnson-street, and directly after I saw a man go into No. 3—he had something with him—I saw two other men go in there—I did not see any one come out.
JOSHUA JUDGE . I am a Thames-police inspector. On the morning of the 4th of Jan. my attention was called by my nephew about three o'clock—I saw two men coming from the direction of the docks, and they went into No. 3, Johnson-street—they had bags, with something heavy in them—I saw two men come out, and go towards Old Gravel-lane—I followed them, but did not find them—I continued to watch the house, but did not see anybody else go in—at eight o'clock in the morning I went into the house,' and found Hurley in the garret, lying by a little coal fire which was on the stones—there were seven bags, containing 147lbs. of leaf tobacco near him—I said, "Halloo! where have you got this tobacco from?"—he said, "Let me go, I will tell you who brought it"—he made a great deal of resistance—we were up and down on the floor several times—I secured him and tied bis hands—I found in his pocket this string, some lucifer matches, and a wax taper, which appeared to have been recently lighted—this is the string found in his pocket—I examined some string which was round some of the tobacco-bags, and the strings are exactly alike—I have been shown a piece of string that was fastened round a ring—that corresponds with the string I found in bis pocket, and what was round the bags—I found a piece of line in the room, which corresponds with some on the ring.
Cross-examined by MR. WILKINS. Q. Did not Hurley say, "If you will let me go I will take you to the persons that brought me here?" A. No, "the persons that brought the tobacco here"—it is impossible for me to make a mistake—I have been in the police twenty years—Hurley is a waterman—I have seen him on the stairs.
MR. BALLANNTINE. Q. Was his observation in answer to anything you had said about the tobacco? A. Yes; I said, "Halloo! what are you doing? where did you get this tobacco from? or where did you bring it from?"—I have examined the strings myself, and I have not the least doubt that they correspond.
JOHN CLEMENTS re-examined. Q. Was Clark brought to the watch-bouse to you on the 3rd of Jan.? A. He was—I asked him if the key that was found on him belonged to any place he occupied—he said no, it did not—I asked where he got it from—he said he did not know, he hardly knew why he carried it, and he had two or three more old keys at home—I asked where he got the lucifer matches and candles—he said he bought them at a chandler's shop at the corner of Jobngon-street, Old Gravel-lane, and gave the last penny he had for them—on Monday, the 6th of Jan., I went to Clerkenwell Prison, and saw Clark there—Nash was with me—as soon as we got into the yard where the prisoners are, Clark stepped up to me, and pointing to Nash, he said, "There, Mr. Clements, that person can tell you all about the key"—he then said, "I hope you will let roe have fair play; there has been a good deal said about that key opening certain places at the dock"—I said it did open certain places at the dock—he said it was the key of the room he hired of a publican in Old Gravel-lane, and the room was at No. 3, Johnson-street—I said, "Am I to understand that it was the key of the garret at No. 3, Johnson-street?"—he said it was—I said, "You shall have fair play"—I then went to No. 3, Johnson-street, and found the key fitted the garret door lock—I said to Clark, "When I asked you on Friday where you got the key, you told me you did not know"—he said, "Yes, I was so confused, I did not know what I was saying"—I found some lucifers on the top of the warehouse—I saw the foreman pick up some lucifers under the lantern near Tent-street—here are some lucifers produced by Swingland and by Judge—they all appear to be of the same description—there were four more matches, which were left at the police-court—this is a piece of cord I found on the head of one of the hogsheads of tobacco under the lantern.
Cross-examined by MR. WILKINS. Q. Are you at all acquainted with the process of making lucifers? A. No—I believe they make them by millions at a time—the key is a good deal like a pick-lock key.
Clark. I was taken into custody on account of this key. Witness. I detained you on suspicion—I tried the key, it opened four or more locks of doors at the dock—I am satisfied it has not been used for any improper purpose in the dock—I well knew what you were in the dock for.
BENJAMIN WALKER . I am a Thames-police inspector. I found a hook in the wall of the dock on Saturday morning, the 4th of Jan.—this is it—it was thrust into the wall—I had left that spot at a quarter before pine o'clock the night before—there was nothing of the kind in the then.
of the 8th of Jan. I went to a house in Church-street—I there took Johnson, Cantelo, and a man named Ashton, who was discharged—I told them what I took them for—Johnson said he knew nothing at all about it, and Cantelo said he did not steal any tobacco.
JOHN NEWMAN FRICKER . I am in the service of the London Dock Company. I know the tobacco in the warehouse where the robbery was committed—I saw the hogshead which was broken weighed before it was broken, and made a memorandum of the weight—it weighed 11cwt. lqr. 15lbs.
RICHARD TWEEDY . I am foreman of the tobacco warehouse. I weighed the cask which was broken—it was marked "S R O"—I knew the former weight of it, and it was 15lbs., deficient—I have compared the tobacco which has been found with it, and I believe it be the tame at that in the hogshead.
Cross-examined by MR. WILKINS. Q. What is the description of the tobacco? A. It is stripped leaf, of New Orleans growth—I know it by the quality of it, and by the ship it came in—I was present at the landing of it.
Clark's Defence. I went to the dock on Friday afternoon; the gatekeeper did not speak to me; he must be mistaken. I told Swingland I went to see John Mills, and the vessel was at Brewer's Quay not above a week before; he found the matches and candles on me, which I had bought to take home; I was in custody at the time of the robbery, and knew nothing of it for a day or two after. I don't deny taking the room for the purpose of placing my wife and children in it; but I could not have a room without a stove, and I did not occupy it. I did not know what key I had when I was taken, nor know I had any; it might have been the key of the room I was living in. As to Riley having known me a length of time, it is doubtful whether he knew me at all; I have seen him often, but be never spoke to me, and if he had known me as a suspicious character, why has he not spoken to me? he asked the policeman which was Clark, and then he said he had known me, and the same with Hurley; I am satisfied he did not know Hurley; he said he saw us on the bridge on Thursday, and I have a witness who was with me on Thursday afternoon.
RICHARD WYNN . I live at No. 14, Ann's-place, Lant-street, in the Borough, and am a silk-dyer. I saw Clark at his house, No. 7. Grove-street, Commercial-road, about three o'clock in the afternoon of the 2nd of Jan.
MR. BALLANTINE. Q. Who subpœnaed you? A. I was not subpoenaed—I came forward to see how things were going on, and to speak as a friend that he was at home on Thursday afternoon—my daughter asked me to come—she is Clark's wife—I was requested to say that I found him at home on the Thursday at three o'clock—I visit my daughter sometimes—Clark and she were living at No. 7, Grove-street—I do not know whether he got tired of his house, but he was talking of moving on the day I was there—he did not tell me where, but he thought of looking out for some other place—I do not know Cantelo, Hurley, nor Johnson.
THOMAS CHENEY . I am an officer at Nicholson's wharf, Thames-street. I produce a certificate of Johnson's former conviction, which I got from Mr. Clark's office—(read—Convicted on the 2nd of Jan., 6th Vict., and sentenced to one year's imprisonment)—he is the person.
(Benjamin Aston, a waterman and lighterman, gave Cantelo a good character.)
HURLEY— GUILTY . Aged 20.
CANTELO— GUILTY . Aged 21.
CLARK— GUILTY . Aged 32.
JOHNSON— GUILTY . Aged 27.
Transported for Ten Years.
NEW COURT.—Thursday, Feb. 6th, 1845.
Sixth jury, before Mr. Recorder.
GUILTY . Aged 22.— Confined Four Months.
GUILTY . Aged 33.— Confined One Month.
GUILTY . Aged 35.— Confined One Month.
486. EMILY LYON was indicted for stealing 5 prints, value 3s.; 12 yards of muslin, 10s.; 3 boxes, 1s., 1 pair of earrings, 4s.; and 8 printed books, 5s.; the goods of Charlotte Mackey: 12 prints, 8s.; 2 writing books, 6s.; 2 miniatures, 15s.; 3 boxes of beads, 5s.; 2 necklaces, 6s.; and 1 medal, 6d.; the goods of Eliza Lucy Mackey: 27 prints, 1l.; 2 printed books, 4s.; 2 fire-shades, 4s.; 1 miniature, 5s.; 1 fan and case, 10s.; 1 opera-glass, 7s. 6d.; 11 magic-Iantern shades, 2s.; 1 seal, 2l. 10s.; 2 snuff-boxes, 1l.; 1 brooch, 5s.; and 1 lancetcase, 5s.; the goods of Lucy Eliza Mackey, in her dwelling-house.
JESSE CHESHIRE (police-constable D 188.) On the 14th of Jan. I apprehended the prisoners on the 15th I went to No. 40, York-places I there saw a person whom I understood to be the prisoner's mother, and in the dining-room of that house I found some boxes lockeds in consequence of something she stated I opened the two boxes pointed out to me by her with some keys found on the mantle-shelfs there were a number of pieces of brass stuffed in the locks—I was a long while opening thems I found these prints and all the other articles named in this indictment.
CHARLOTTE LYON . I am the wife of Samuel Lyon, and live in Clipstone-street. I had charge of Mrs. Mackey's house, at No. 47, Baker-streets the prisoner is my daughters I have lately had charge of the house No. 40, York-place, and the prisoner lived with me thereson the 15th of Jan. the officer called theres I was at Park-crescent, and I was fetched to York-places I told the officer which boxes belonged to me, and which to my youngest daughter—I was not present when the boxes were opened—I was in charge of another house, and could not stays I know there were
two boxes the officer opened, which belonged to the prisoner—I saw them after they were opened, and saw the things, but what they were I could not say.
Cross-examined by MR. BALLANTINE. Q. How old is the prisoner? A. Twenty-two—she has been subject to fits and to illness from a child—I have found her intellect very weak—I have known her hide things of my own, but never take them away—I have always found them again—that has been her habit for many years—I have known her take clothes belonging to me, to her sister and her father, and sew them up together; and I have known her to take things, and nail them up, but never to take things away.
ELIZA LUCY MACKEY . I live with my mother, Lucy Eliza Mackey, at St. Leonard's. She had a house at No. 47, Baker-street, which the prisoner's mother had charge of at different times—she gave up possession on the 8th of June, 1840—in consequence of another robbery which took place in Sept., 1841, we missed a variety of articles which had principally been kept in a cheffonier at the house in Baker-street—they were not discovered to be missing till Sept., 1841—we then missed the property now discovered—I recollect the cheffonier perfectly well—it had remained unsearched from June, 1840, till Sept., 1841—the house had been let part of the time, and another party had been put in charge of it—the cheffonier was in the drawing-room, locked up, and to the best of my belief the principal part of these things were safe in it when the prisoner's mother had charge of the house—this gold seal, set with diamonds and emeralds, is my mother's—this opera-glass this gold-mounted snuff-box, and ivory fan, are my mother's—this necklace, these two miniatures, and some other articles, are my own—all the articles which were in the cheffonier are now present, but some which were in the house are still missing—this miniature was missed in June, 1840, but I was not confident whether it had been taken out of town or not, till I went into the country, and not finding it there, I knew it was missing—I am sure it had been in the cheffonier—the property which was missed in 1841, was traced to some pawnbroker's, but that had nothing to do with this property or this party—I only knew the prisoner as the daughter of the woman who had charge of the house—I never noticed anything particular about her—I supposed in 1841, that these articles had gone the same way that the other things had.
MR. BALLANTINE called
SARAH RUTHVEN . I am a matron of Newgate. I have been in attendance on the prisoner—the state of her health has been very bad—I have constantly had people to watch her—she has had very bad fits—I have seen enough in the intervals of the fits to know that she is a girl of very weak mind.
COURT. Q. Is she not capable of knowing right from wrong? A. I do not exactly say that, but she is of a very bad state of health—she has always given me a very correct answer to what I have asked, and, as far as I have seen, she is capable of distinguishing right from wrong—I have not found any tendency on her part to do things wrong in the gaol—I have not found her to sew things together which did not match—she has been very still and quiet—I have been here twelve years, and have seen a great many cases of epilepsy in other persons—I have ordered the prisoner to lie down after her fits, and perhaps for an hour afterwards she seems powerless—the
fits rather lead to imbecility—she had a fit yesterday, and another at two o'clock this morning—she has never named this investigation to me.
COURT to CHARLOTTE LYON. Q. What instances have you known of the prisoner's hiding things? A. She never took anything away—I have found them in the drawers—she did not hide them in the dust-hole or in the yard—she has put them in the cellar, and in different places, and brought them in again—she has sewn up her things from her childhood—I did not know that she had anything in her boxes but her clothes—I did not know that Mrs. Mackey had lost property in 1841, or I should have searched my daughter's boxes—the first intimation that I had of property being supposed to be in my daughter's possession was the officer's coming—I never saw her meddling with the cheffonier—I was down at St. Leonard's, and she was looking after an empty house in St. Clement'splace, and then she was looking after another house in Mortimer-place—she carried these things about with her in her boxes—she sews everything up belonging to herself which she does not wear—I have never interfered to prevent that—I have been in different houses, and there has not been anything missed—I do not think any other things but Mrs. Mackey's and her own were found in her box.
COURT to JESSE CHESHIRE. Q. Was there nothing found but what relates to Mrs. Mackey? A. Yes, a bundle of things, in the vault in the front area, belonging to Mr. Ray's servants, in Montague-place, where the prisoner used to go to do for the coachman—these things were taken from there some time in November, and taken to No. 40, York-place, and put in the vault in the area—they were tied up very carefully, as if they were to be removed, I thought—I saw the bundle there on the morning of the 14th of Jan., at half-past two o'clock, and I watched it till twelve o'clock—it had not been there long—the things were quite dry—I went to Mr. Ray's, and the servants identified the things—I took the prisoner at No. 38, Montague-square, where she was in care of a house—she said the had put the bundle there overnight, and meant to fetch it away the next night.
NOT GUILTY .
487. EMILY LYON was again indicted for stealing 6 pieces of printed cotton, value 6d.; 1 necklace, 1s.; 2 brooches, 6s.; 1 pen-wiper, 1s.; the goods of Mary Eldridge: 2 letter-presses, 2s.; 1 needle-case, 1s.; 1 cap, 1s.; the goods of John Searle: 3 printed books, 5s.; 1 handkerchief, 1s.; 1 cap, 1s.; and 1 collar, 1s.; the goods of Maria Stogden.
MARY ELDRIDGE . I am housemaid to Mr. Ray, No. 13, Montagueplace, St. Marylebone. On the 28th of July last I left the house through illness, and on the 2nd of Oct. I called, and found the family all out of town, except my master—I went to Teignmouth on the 28th of Nov.—I returned to town, and went to the house—the prisoner was in charge of it, but she was not there—she arrived a few hours after me, to take charge of the house in the daytime—she came again on the 29th and on the 30th, and went away each evening—there was a message on the 30th, and she did not return after that day—on Sunday evening, the 1st of Dec, I went to my drawer, and missed some things—I saw the prisoner about a fortnight afterwards at No. 40, York-place, which house also belongs to my master—she told me she was in charge of that house—(she was in the habit of being left in charge of houses)—my master and the policeman went
with me—I told her I had missed some things—she said the had not taken them and knew nothing about them—I told her I had lost a gold brooch, and a stone brooch, and a pen-wiper—I did not know anything of the prints at that time, or that she had stolen them, and the other things, till I found them—she said if she had robbed any one she would not have robbed a servant, she would have robbed a lady or a gentleman—her boxes were searched, and nothing was found in them—I was afterwards sent for to No. 40, York-place, and saw the things which I had lost, pinned up in a great many parcels, very carefully indeed—there were a great many wrappers on some of them—they were on the table in the kitchen—these are my articles.
JESSE CHESHIRE (police-constable D 188.) I went into the vault of the house No. 40, York-place, and discovered the bundle there, on the morning of the 14th of January—it contained several packages—most of them were sewn up—I should say some of the articles were not worth sewing up—I watched some time, and was relieved by another officer—I went to Mr. Ray's, in Montague-place—he accompanied me, and his servants were sent for—they claimed a portion of the articles—some of them were not claimed—I found the prisoner in charge of a house of Mr. Dobson, in Montague-square—I asked if her name was Lyon, and if she put the bundle in the vault—she said, "I put it there last night, and intended to fetch it away to-night"—I asked if the things in the bundle belonged to her—she said they did not—I took her to York-place—Mr. Ray was there—he asked her how she came to do it—she said she was very sorry, she hoped he would forgive her, and she would not do so again—I found in the bundle this gold brooch, the stone brooch, and other things named—I do not find that anything has been made away with, or offered in pawn—the prisoner appeared very well; I saw nothing the matter with her.
MARIA STOGDEN . I am cook to Mr. Ray. I came to town On the 29th of Nov., and on the 1st of Dec. I missed this gold brooch, which belonged to Mary Eldridge—I had put it away in the drawer in Aug., and I meant to return it to Eldridge—I missed this handkerchief and this collar—these books and one of these cups are mine—I never saw the prisoner till I came to town on the 29th of Nov.—I thought her a very simple quiet girl—I believe I remarked that I thought her a strange sort of girl.
NOT GUILTY .
487. JOHN AXTELL and GEORGE AXTELL were indicted for burglariously breaking and entering the dwelling-house of Edward Wise, about the hour of ten in the night of the 12th of Jan., at Middle Temple, with intent to steal the goods and chattels in the same; and that they had been before convicted of felony.
MR. SIMON conducted the Prosecution.
EDWARD WISE . I am a barrister-at-law; I have chambers at No. 2, Middle Temple-lane, and sleep there; it is very near to Fleet-street, just below the stationer's-shop. On Sunday evening, the 12th of Jan. I was tired, having taken a long walk, and went to bed earlier than usual, at a few minutes after nine o'clock—I had distinctly heard the clock strike
nine before I went to bed—my chambers are on the first landing-place, fifteen steps from the bottom—there is an outer door to my chambers, which opens outwards, and fastens with a latch-key, and immediately inside that an inner door, which opens inwards—I locked the outer door before I went to bed, and went again to see that it was fastened—these two doors open into a lobby—there are folding-doors which open from my bed-room into the sitting-room, and they were quite open—the outer door, which was locked, is easily opened—this is the key which opens it—after I had been in bed ten minutes or a quarter of an hour I heard a noise at the outer door, as of some one trying the lock—no suspicion passed my mind, for, having been out of town the previous evening, I thought it probable my laundress was coming to see that the fires were laid, or to bring something for me the next day—I listened, and presently the outer door opened—I then heard the inner door open—there is no lock on that; still no suspicion crossed my mind, it being so early in the evening—I then heard in the lobby, which is on the same level with my bed-room, a rustling noise—supposing it was the laundress, I called her name, Mrs. Banting—no answer being made, I instantly concluded it was some person attempting to come in improperly—I jumped out of bed, crying, "Stop thief!"—I went through the door at the bottom of my bed, so that I had no turning to make—I rushed through the doors, which were all open, and followed the noise of persons whom I heard going down the stairs, hallooing at the top of my voice all the way down, not having stopped for a second to put on my slippers or anything—my impression was that there was more than one person—at the bottom of the staircase is a lamp—I turned my eyes towards Fleet-street gate, and it was shut—it is always shut on Sundays—I stood at the bottom of the stairs till Mr. Gingell and Mr. Green both came up—I am confident that no person could have gone out at the Fleet-street gate without my seeing them—the prisoners were brought back in a short time into my chambers.
WILLIAM TWINING . I am a watchman of the Middle Temple. On Sunday night, the 12th of Jan., I was on duty in Brick-court, which forms part of Middle Temple-lane—I heard a cry of "Stop thief," about a quarter-past nine—I am quite sure it was after nine—the cry proceeded from the top of the lane near Temple-bar—I looked up the lane and saw two persons running down the lane towards me, from the top of Temple-lane—I went across Brick-court to meet them—in coming along there are two lamps—in crossing I got near to them, and could see them plainly—they went across Brick-court into Essex-court—along the top passage, from Essex-court to another passage into New-court (there is in New-court a small wicket-gate which opens into Devereux-court, which a person might get out at if it were open—it is open on Sunday morning till eleven, but it is shut afterwards—it was then locked, and no person could get out) I followed them to the end of the passage, and saw them returning from the gate—knowing they could not get out, I came back to Middle Temple-lane, and went round by the Hall into Garden-court, where I saw the prisoners coming up the steps, walking separately, one on one side, the other on the other—I laid hold of both of them—I can swear that they are the boys I saw come down Middle Temple-lane, and whom I had been chasing—the prisoner George had an open collar on, the same as he has now—Haddon, another watchman, was with me—he went through the lower passage into Brick-court—Gingell, the head-porter,
came down to me the moment I took the prisoners—he took the prisoner John—I took the other, and we went to Mr. Wise's chambers—when I first saw the prisoners they were not more than ten yards from Mr. Wise's chambers—they were then between the two lamps.
John Axtell. Q. Did you make any cry when you pursued us? A. No, I did not.
COURT. Q. When you first saw them were there any other persons passing? A. There were no other persons near—they were the only persons that came into Brick-court—I did not see where Mr. Wise was—I saw the prisoners almost as soon as I heard the cry of "Stop thief."
JOHN HADDON . I am a watchman of the Middle Temple—I was on duty on Sunday night at a little after nine—I was standing at the lower side of Brick-court, nearest to the river—I distinctly heard a cry of "Stop thief"—I looked up Middle Temple-lane, and saw the two boys coming down the lane towards me—they had got almost to the corner of Brick-court when I first saw them—I pursued them—they turned into Essex-court—I went into Essex-court—Twining was ahead of me—he turned back—I went on to the gate which opens to Essex-street—it was shut—I turned back, and saw the two prisoners going down the steps which lead to the fountain—they went straight down, and by the time I got down, Twining had come up to them—he had run round—I cannot ran so fast as he can.
John Axtell. Q. Were you with Twining when the cry of "Stop thief" was first made? A. No, I did not make any cry.
CHARLES GINGELL . I am head-porter of Middle Temple. On Sunday evening, the 12th of Jan., about twenty minutes past nine o'clock, I heard Mr. Wise cry out—I went out and saw him at the bottom of his stairs in his shirt—I found the two prisoners, and Twining and Haddon, together—I went up with them to Mr. Wise's chambers—I found a candle in John Axtell's pocket, and on George Axtell some lucifer matches, two marbles, and three lumps of loaf sugar.
JOHN SPEAKMAN (City police-constable No. 329.) I was called to take charge of the prisoners—I received the candle and lucifer matches from Mr. Gingell—I searched John Axtell, and found on him this small key—the prisoners told me they lived in Great New-street—I went there—the person I saw there said she was their mother—I found this bunch of keys in their drawer in the lower room—one of the keys on this bunch opens Mr. Barkin's chambers in the Temple, which had been robbed previously to this—the key I found on John Axtell will not open Mr. Wise's door—it opens with a latch-key—the gardener found one key in the Temple, but it does not open Mr. Wise's door.
J. Axtell's Defence. I have a sister who has left my mother for three years, and is not on good terms with her; I have been in the habit, unknown to my mother, of taking candles and other things to her; on that evening I left home with the intention of taking that candle to my sister; it was not broken then; my mother often told my brother not to go to my sister; he had been out that night to the chapel in Bedford-row; as I was going down the street I met him; he said he would go with me; I told him he should not go; he said he would; I said then I would not go; I said I
would go and meet my mother, who lives in chambers in Fig-tree-court, in the Temple; Mr. Wise went and found my mother; when we went into the Temple, it was ten minutes after nine; Inner Temple-lane is rather on a slant; I was running, and my brother trying to catch me; I turned into Brick-court, and heard the cry of "Stop thief," once or twice, but could not tell where it came from; I found I could not get out; I turned back, when the porter took hold of us; there was no cry of "Stop thief" then, and I was not aware that any one was pursuing me; the witness stated at Guildhall that he did not lose sight of us half a minute; there were no instruments found on us; the man was called from the gate, and very probably persons might go out; there are chambers all about there where persons might hide themselves.
G. Axtell's Defence. The matches I had were to let off some fire-works; and hearing a cry of "Stop thief," I threw the fire-works over the gate.
COURT to HENRY AYTON. Q. Have any fire-works been found near the gate? A. I lock the gate inside, I do not go outside—we made inquiries whether anything was heard of, or seen, and have heard of none.
GEORGE GREEN . I heard the alarm of "Stop thief," and from that time till the prisoners were secured, not a person went out or in at the Fleet-street gate—I did not move from the place—the foot of the staircase of Mr. Wise's chamber is eighteen yards from the gate—I could look down distinctly, but the prisoners had taken to the left before I heard the alarm.
WILLIAM SICKLE (City police-constable, No. 290.) I produce a certificate of the conviction of the two prisoners, which I got at Mr. Clark's office—I know them both—I was present at their trial—they are the persons who were then convicted—(read—Convicted on the 16th of Sept., 8th Vict., and imprisoned fourteen days.)
JOHN AXTELL— GUILTY . Aged 16.— Transported for Ten Years.
GEORGE AXTELL— GUILTY . Aged 14.— Confined One Year.
JOHN STONE . I am an articled clerk to an architect. On the 9th of Jan. I was walking through the Exchange—I felt a tug at my pocket—I felt, and my handkerchief was gone—I saw the prisoner a little way behind me, and a lad walking by the side of him—I said to the lad, "You have got my handkerchief"—the prisoner ran off—I pursued down a lane leading to Lombard-street—I there saw the policeman had got hold of him—I got my handkerchief from Jackson—this is it.
JAMES JACKSON . I saw the prisoner run from the prosecutor—I ran down Pope's-head-alley—I did not see him rightly throw the handkerchief away, as there were three or four persons passing, but it came from that direction where he was—the other persons were running—they were going to the Post-office across the road—I picked the handkerchief up on the wooden pavement.
Cross-examined by MR. HORRY. Q. What were you doing? A. I was walking past, looking out for a buss, because a man was very ill—I ran after the prisoner from the Royal Exchange to Lombard-street—I am a plasterer—I did work at Smith's, in Featherstone-street, but for these fifteen months I have carried parcels for Glover's omnibus—I stand all day about the Bank and the Exchange—I worked as a newspaper boy
for Holmes and Pottle in Finch-lane—I left there of my own accord, because there was so much walking about, and I had to get up so soon in the morning—I worked as a plasterer before I went to the newspaper business, and since then I have looked after the omnibuses—my master did not discharge me.
JAMES GLOVER (City police-constable, No. 443.) I heard a cry of "Stop thief!" in Lombard-street, on the 9th of Jan.—I saw the prisoner running—he took this handkerchief from his bosom, and threw it into the street—I went up and took him by the collar—he said, "I never touched the handkerchief."
Cross-examined. Q. Where were you? A. At the passage opposite Pope's-head-alley—there were persons behind who were pursuing him, and some were before him—I was four or five yards from him—he was on the north side.
COURT. Q. Had you such a view of him, distinct from the other persons, as to be certain he is the person that drew this handkerchief from his person? A. I am positive he is—he then walked into Mr. Duncomb's doorway, and stood with his hands to bit side, and as the prosecutor came up, he stepped out of the doorway.
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor, Confined Six Months.
MARK COCK . I am shopman to Cornelius Harris, of Bishopsgate-street. On the 25th of Jan., the prisoners came to our shop—Jepson asked me to show her some plain satin cap ribbons—I produced some—they said they were not dark enough—I showed them another drawer full of ribbons—having occasion to turn round for a moment, I heard a noise—I looked round and missed a piece of ribbon, of about ten yards, from the drawer—both the prisoners were near the drawer, and had an opportunity of looking into it.
SARAH HALL . I am in partnership with Mrs. Harris, in the milhnery department I searched Dixon, and between the lining and the outside of her cloak I found this ribbon—there was no money found on either of the prisoners in my presence—this is the ribbon—I know it is Mr. Harris's by the mark on it—Mr. Harris marks the ribbons—if we were to sell this we should take it off the block it is on now, and put it in paper—the prisoners asked to be searched.
Jepson's Defence. I met Dixon, and I asked the gentleman to show me a bit of dark ribbon; I asked him the price; he did not tell me, but said he had missed a roll of ribbon out of the box.
Dixon's Defence. I put my cloak on the counter, and the ribbon must have slipped in the lining; I am quite innocent.
MRS. HALL. I think it could not—they were served at the haberdashery counter, which has a beading all round it—the ribbon had been put in a hole in the lining of the cloak in front, and it fell down to the bottom—the hole might be there from the cloak being worn—I should
have thought the ribbon could not have fallen in the holes in consequence of the ledge round the counter.
JOHN HARRIS HALL . I am assistant to my father, Thomas Hall, of Bishopsgate-street. On the 1st of Feb., a little after five o'clock in the afternoon, I heard something, and ran out—I saw the prisoner about fifteen yards from the shop—I took her about 100 yards off—I saw a small portion of these boas under her shaw I—I brought her back, and found these four boas on her, which are my father's—she said, "I did not take them; a person gave them to me"—they had hung on a hook within the door-way of our shop.
Prisoner. A man pulled them down and gave them to me.
Witness. I did not see any man take them—I received information that there was some one with the prisoner, but I did not see the person.
Prisoner's Defence. I passed the shop; a man came up to me and said, "Carry these across the road," and on my crossing the road I turned round to speak to the man, and did not see him; this young man tapped me on the shoulder, and said, "I want you;" I went across with him; I was standing still, and was not running at all.
GUILTY . Aged 25.— Confined Six Months.
SARAH INGRAM . I live in Stean's-cottages, Kingsland-road. On the 29th of Jan. I saw the prisoner at Mr. Beck's shop-window—she went up and took something out—I could not tell what it was—I saw her put it under her arm—I called the shopman.
Prisoner. I was never near the window; the young man said I had a piece of pork under my shawl; I said I had no such thing; I went back, and this woman said she saw me at the window, and then the shopman brought a piece of ham.
Witness. I saw her go down Dunning's-alley with it under her shawl.
ANTHONY BYRD . I am shopman to Mr. William Beck, of Bishopsgate-street. I received information from Ingram, and went to Dunning'salley—I saw the prisoner standing in a door-way—when she saw me she came away from the door—I took her back to the shop, and found she had nothing—I went back to the door-way and found this half ham, which is my master's.
GUILTY . Aged 47.— Confined Two Months.
PETER SHADDOCK . I live in Brown's-buildings, Stanhope-street, Claremarket. I deal in potatoes—on the 24th of Jan. I gave the prisoner eight half-crowns, to pay for some sacks of potatoes in James-street,
Covent-garden, and to bring them to my place—he was my servant, and was paid for his trouble—in consequence of his not coming, I went in search of him, and found him at his home—I said, "You have served me a nice trick this morning in not coming home with my goods, and as far as it is in my power I will punish you for your ingratitude, as well as for taking my money"—he said, "You cannot punish me, you gave me the money."
Cross-examined by MR. O'BRIEN. Q. Did he not say," I have not a farthing of it, it has been taken out of my pocket?" A. He said, "I have not ab—y farthing, I spent part of it, and the rest was taken out of my pocket"—I have been in the habit of employing him the last twelve months—I don't recollect his giving me 33s. a few days before—on the 24th he brought me back 14s. for goods he had delivered—I gave him 1s. for himself the night before—he has been honest and regular before—I found him at home—he looked as if he had been drinking the night before—I did not give him in custody then—I went to Bow-street, and as I was coming back I met his wife—the prisoner came up, and I gave him in charge.
NOT GUILTY .
493. RICHARD WIGGINS was indicted for stealing 1 coat, value 5s.; 2 pictures and frames, 3s.; 1 pair of scissors, 6d.; and 1 pair of stockings, 1s.; the goods of Mary Fagan; and that he had been before convicted of felony.
MARY FAGAN . I live in York-court, York-street, Westminster. I am a widow—I go out to get my living in the day-time, and lock up my room, which is up stairs—on the 24th of Dec. I went out at six in the morning—I went home about seven o'clock, and found my door open—I had lost a coat, two pictures, and two pairs of scissors—this is the coat.
WILLIAM MILLERMAN (police-constable B 65.) I know the prisoner—I apprehended him on this charge—I told him what I took him for—he denied knowing anything about it, but since he has been committed, a man called on me, and gave me the duplicate of the coat.
Prisoner. I do not know anything about the robbery; I never was in the pawnbroker's shop in my life; the policeman said, "I want you for pawning a coat over the water;" he said he took me from the description of my dress, and now the pawnbroker says I am not in the same dress.
WILLIAM MILLERMAN re-examined. I have seen him in such a dress—I have not received any description of his dress from the pawnbroker—I knew him well—he has worn several dresses lately—I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's
office—I was present at the prisoner's conviction—he is the person—(read—Convicted 10th July, 7th Vict., and confined three months.)
GUILTY . Aged 17.— Transported for Seven Years.
CHARLES KERR . I am in the service of James Samuels and his son, they keep a shoe-shop in East-road, Islington; I was employed to deliver some goods at Canonbury Villas, Islington, on the 18th of Jan.—I took a pair of shoes out of a bag I had in my hand, as there were some goods below the shoes, which I wanted—the prisoner was coming by, and be snatched the shoes out of my hand—these are them.
Prisoner I was not near the spot.
ELIZA DAVIES . I am the prisoner's mother, and live in Adelaide-square. I am a widow, and go out ironing—I do not know where my son was on the 18th of Jan.—I was out at work, and came home at half-past ten o'clock at night—my son is apprentice on board ship.
CHARLES KERR re-examined. The prisoner took the shoes from me at twenty minutes past seven o'clock—he had the same jacket and waistcoat on that he has now, but he had dark trowsers—I have not the least doubt of him—he did not get them at the first pull—he pulled the second time, and got them.
THOMAS WITHERS (police-constable N 211.) I produce a certificate of the prisoner's former conviction, which I got from the clerk of the peace, at the Middlesex Sessions—I remember the prisoner perfectly well—he ii the person—(read—Convicted 26th Feb., 7th Vict, and confined three months.)
GUILTY . Aged 18.— Confined One Year.
NEW COURT, Friday, January 7th, 1845.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 17.—Recommended to mercy.— Confined One Month.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 20.—Recommended to mercy.— Confined Two Months.
GUILTY . Aged 14.— Confined Three Months, seven days solitary.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HENRY FENTUM . I am a music-dealer, and live in the Strand. On the 10th of Jan. the prisoner came for a violin string, which came to 6d.,—he put down a half-crown piece—I gave him the change, and after he was gone I examined the half-crown—I thought it was bad, and put it into my waistcoat pocket, where I never keep money—I went out directly in pursuit of him—I could not find him—on the 16th of Jan. the prisoner came again—I was in my back shop—as soon as I saw him I recognised him—my lad served him, and brought me a half-crown, which I considered bad, it being like the other—I said to the prisoner, "It is you, is it? I thought you would come again"—he said he had not been in the shop at all—I said, "Do you forget coming for a string? you did not think I watched you over the road"—he then said he did not know what he gave me, it was not a half-crown—I said, "What did you give me?"—he would not say—I gave him into custody, and gave both the half-crowns to the policeman.
CHARLES WYLDE . I am shop-lad to Mr. Fentum. On the 16th of Jan. the prisoner came lor a violin string—I served him—he offered me a half-crown—I took it to my master—I am sure I gave him the same half-crown.
JOSEPH SMITH (police-constable T 140.) I was sent for on the 16th of Jan., and took the prisoner—this half-crown I received from Mr. Fentum on the 16th, and this other I received on the 20th from him.
Prisoner's Defence. I never was in the shop but once, and then I was not aware the money was bad.
GUILTY . Aged 23.— Confined Six Months.
MESSRS ELLIS and BODKIN conducted the Prosecution.
WILLIAM CLARK . I keep a shop in Paradise-row, Chelsea. On the evening of the 23rd Jan. the prisoner came for two or three small articles, amounting to 6d.—she gave me a 5s. piece—I gave her 4s. 6d. change—I had a young man in the shop, who took my attention off at the time, and she left the shop; but two or three minutes after, I went to Mr. Collard's, just by, to get change for the 5s. piece, as it was all the silver I had in the shop—I observed a casual mark on it, bat I had no suspicion of its being bad—Mr. Collard gave me the change—I left it with him—next morning, as soon as I was open, Mr. Collard brought back the 5s. piece to me—I observed the mark on it which I had noticed before, and recognised it—I then found it was bad, and gate it to the officer.
Prisoner. Q. I was not in that part of the town at all that evening; what clothes had I on? A. The same as when I recognised you at the station on Saturday—I am sure you are the person—you came just as the clock struck six—you had two artificial flowers, which came to 3d., some blond, which came to 2d., and a ball of cotton—I described you to the policeman.
WILLIAM COLLARD . I am a grocer, and live in Paradise-row. I changed a five shilling piece for Mr. Clark on the 23rd of Jan.—I put it into my till—I am quite sure I had no other 5s. piece there—I took it out of my till at night, and there was no other there then—I kept it in my bed-room with my silver, but there was no other 5s. piece amongst it—I found the next morning that it was bad—I took it back to Mr. Clark—I am sure I returned him the same 5s. piece.
ANN ALEXANDER . I am niece to Mr. Dobbs, who keeps the City of Gloucester beer-shop, at Chelsea. On the 25th of Jan. the prisoner came for half a pint of beer, which came to 1d.—she laid a shilling on the counter—I thought it was bad, and spoke to my uncle—the constable was sent for—the prisoner said before he came she did not think it was the shilling she gave me, it had never been put into the till at all, nor mixed with other money—I gave it to my uncle, and he gave it to the officer.
JOHN HENRY DOBBS . I keep the beer-shop. My niece gave me the shilling—I discovered it was bad, and sent for a constable—the prisoner said she did not think it was the shilling she gave my niece—I marked it, and gave it to the officer.
Prisoner. I do not think it is the same shilling; I was not in Mr. Clark's shop, and know nothing about the crown piece.
GUILTY . of passing the Shilling. Aged 20.— Confined Six Months.
JOHN THOMAS PASCOE . I live in Brick-lane, Spitalfields, and am a metal refiner. The prisoner was in my employ—the policeman stopped him, with some metal on him, which I am able to identify—this is it—it is different to what I have generally melted—it is a coarse sort of gun metal—the prisoner was in the shop where this was, but he had no right to have it.
GEORGE TEAKLE (police-Sergeant H 8.) I was in Fashion-street on the 15th of Jan., about a quarter past five o'clock in the evening—the prisoner passed me, and I observed something weighty under his jacket—I stopped him, and asked what he had got—he made no answer—I found on him this bag, containing this metal—he said he had just picked it up—the place was very dirty, as some houses were being pulled down—I found the bag and the metal were not dirty—I took him to the station, and asked where he worked—he said he jobbed about at different places—I found he worked for Mr. Pascoe.
GUILTY . Aged 18.— Confined Six Months.
502. CHARLES KING was indicted for stealing 7 pints of wine, value 30s.; 3 pints of rum, 6s.; 3 pints of brandy, 12s.; 1 pint of whiskey, 5s.; 1 1/2 pint of kerschwesser, 3s.; 11 bottles, 10d.; and 1 basket, 1s.; the goods of John Barnard, bis master.
lives in Cornhill. The prisoner was in his service—I keep the key of the cellaret—I gave it to the prisoner to get some wine out—the key of the cellar was kept in the cellaret—the cellaret was found unlocked on the morning of the 3rd of Feb.
MARY KEY . I am cook to Mr. Barnard. A little after eleven o'clock in the morning, on the 3rd of Feb., I saw the prisoner going down Birchin-lane, with a basket—I did not see what was in it, but I knew the basket had been kept on the top of a hamper in the front cellar.
HENRY WILD . I am shopman to Mr. Causton, a printer, in Birchin-lane. On the morning of the 3rd of Feb. the prisoner brought this hamper, about eleven o'clock—he requested me to write this address on it, which I did, "Mrs. Hurst, 68, Guilford-street, Russell-square"—it was to go by the Delivery Company—I put it in the counting-house—Mr. Barnard and the officers fetched it away.
JOHN BARNARD, ESQ . I am a banker, and live in Cornhill. The prisoner was my servant, and lived in my house—he came inio my service a few weeks before Christmas—I received information, and went to the booking-office in Birchin-lane—I saw this basket, and recognised it—I then got an officer, and asked the prisoner for the basket—he went down into my cellar, and said he could not find it—I then asked if he had taken any basket off my premises that morning—he denied having taken any basket out of my house—I called the officer, and said the prisoner denied having taken any basket out of my house, and we would take him to where we had seen a basket—I then went to the booking-office, and examined the basket, and its contents—this is it—I cannot speak to wine being missing from my cellar, but I miss some bottles of brandy—these were the back row of some bottles of brandy, which were standing upright against the wall—the front row is left right—one of these is a bottle of kerschwesser, which has a label on it, and I have another bottle of the same sort in my pocket—I know the exact number of bottles which I had of this, and I am one short—I found this bottle in the basket as it is now—the cork of it has been drawn since it was taken out of my possession—I had never drawn the cork of either of the bottles—I had but three bottles of it—I bought it at Ockenberg, on the Rhine—it bears the label of the person I bought it of—I have had it some years, and I am just one bottle deficient—I believe I lost some whiskey, but I am not positive about that—I lost some rum—after the prisoner was committed the officer and I returned to my house, and found in the prisoner's pantry a three-dozen hamper not tied down, filled with bottles, packed with shavings and straw, and four bottles of mosselle in his cupboard, three of which are similar to what was in my cellar, but I have not indicted him for them.
Prisoner. The basket belonged to Mr. Barnard, but the property in it belonged to me; my master always kept the key of his own wine-cellar, and he was very particular over his wine; the wine in my basket was left me by my late mistress; the cook is here, and she knows that I gave her Scotch whiskey, or a glass of brandy, when she wished for it.
MARY KEY re-examined. Q. Did you know of the prisoner. coming into your master's service, possessed of brandy, and rum, and wine, and so on? A. No—I had a drop of brandy of him once—that gave me a suspicion, and when I saw the basket going away, I mentioned it.
Prisoner. The housemaid would say that she saw bottles in my pantry; I was with my last master four years; he died at Tunbridge, and after his
death my mistress was backwards and forwards to London; there was some wine and empty bottles left in the cellar at Tunbridge, and my mistress wrote me a note to dispose of the bottles, and bring the wine to London, which I did; she then told me to bring her a bottle of port and one of sherry, and I might do as I chose with the remainder; she went to France a week before Christmas.
JAMES BRADLEY . I am an officer. I went to No. 68, Guilford-street—there is a brass-plate on the door with the name of Hunt on—it is a lodging-house—I asked if the prisoner had any boxes, or anything in the house—they said no—I tried all I could for the person to come down and was in the house a quarter of an hour—I sent four messages, but the lady would not see me—these are the bottles and the basket—they wen opened before the Lord Mayor.
GUILTY . Aged 33.
MR. BARNARD. I received a four years' character of the prisoner, from No. 68, Guilford-street, from a Mrs. Thompson Smith, but I beliert it was a false one—I have had three gentlemen with me, who have all received characters of servants from that house, and they hare all turned out badly—the hamper I found in the prisoner's pantry contained tbwe bottles of moselle, and two bottles of brandy, which were sealed with a seal which I have here, seventeen bottles of porter, three of port, six of sherry, and some other.
Transported for Seven Years.
ROBERT FORMBY . I am a merchant, and live in Liverpool. I was stopping at the Euston Hotel, and on the 4th of Feb. I was in St. Jame's Park—there was a crowd—I felt the motion of a hand at my coat pocket—I turned round, and saw the prisoner close behind me—he appeared to me to be trying to conceal something—I saw my handkerchief a moment afterwards at his feet—I saw it fall from about his knee, but I did not see it fall from his hand—he had been fumbling with something in front of him—this is my handkerchief.
GUILTY.* Aged 18.— Confined Six Months.
SAMUEL DAW . I shall be twelve years old in July—my father, Francis Daw, is a butcher at Hammersmith. On the 20th of Jan., between eight and nine o'clock, the prisoner came into the shop to light his pipe—I was in the parlour which commands a view of the shop—I afterwards saw him put a stick through a broken window, and pull out a shin of beef—I told my father—I ran out and called "Stop thief!"—he dropped the beef, and ran up the street.
HENRY RICHARD CLARK . I live at the Alton ale-house in King-street, Hammersmith. At a quarter before nine o'clock on the night of the 20th of Jan. I saw the prisoner with a stick hi Mr. Daw's window, pulling out
a piece of beef through a broken pane—he put it under his coat, and went off—Mr. Daw's son ran out, crying "Stop thief" and the prisoner chucked it down into the gutter, and ran away.
HENRY BEVAN (police-sergeant T 3.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at the trial it refers to—he is the person—(read—Convicted 10th of June, 7th Vict., and confined one month.)
GUILTY . Aged 25.— Confined Three Months.
THOMAS BEARD . I am a coach-maker; my premises are at Mount Pleasant, St. Andrew's, Holborn, the prisoner was in my employ as a wheelwright. I missed a pair of new hind cabriolet wheels—they had the first coat of priming, before they were tired, and the stock-hoops had no priming—I saw them safe on Monday night, and the tires were put on them and stopped—the prisoner worked there till one o'clock on the Wednesday—I missed the wheels after he was gone—he did not return till the Saturday morning—I then asked where the wheels were that had been tired—he said he thought they were on the other side of the planks—I told him to go there and see—he went, and said, "I can't see them; I don't know anything about them"—I then asked what new pair of wheels he was seen with last Wednesday morning about half-past eight o'clock—he said a pair he had made overtime, and he bought the timber over Blackfriars-bridgi—I said, "Who tired the wheels for you?"—he said, "I can't think of the name now; I have got his card at home; he lives the first turning to the left down Drory-lane, Holborn"—I said, "You know where to go to the place?"—he said, "Oh, yes"—I sent the officer with him, to see if be could find tae place, they came back, and could not find it—the prisoner had come to work at my place on the Wednesday morning at seven o'clock, and it was lot his business to leave the place—he said he had sold the wheels bekmgfog to himself, on the Wednesday, to a cabman on the rank in Gray's Inn-lane; he did not know his name, but they put the wheels on a cab and drove off—he must have taken them from me on the Tuesday night—we frond these panels at the room where he lived—they are mine, and ought to have been on my premises.
Cross-examined by MR. BALLANTINE. Q. Was there any mark on the wheels? A. Yes—I should know them if I could see them—them are centre panels of large carriages—I had not missed these before—I knew them directly—here is my initials on some of them.
JOHN ARCHER (police-sergeant G 8.) I went with the prisoner to Drury-lane, for him to show me the man that tired the wheels for him—he said he did not know his name, but he lived down the first turniag—we walked up and down, and the prisoner said he did not know where he lived—I said, "Perhaps it is the second turning"—we went there—he then spoke very saucy, and said, "I don't know the name at all; the man fetched the wheels from my house, and brought them back when tried"—he said he met a man in Gray's Inn-lane, and sold the wheels to
him for 2l., 5s.; that he put them on the cab, and drove off, and he did not know the man before nor since; that he had the wheels in a stable belonging to Mr. Gunn, in Red Lion-yard; they had been there from the Saturday, and he painted them there—at the station he said they had only been there from Tuesday night—I went to his house, and found these panels—the prisoner said he brought them from Mr. Beard's, thinking they were of no value.
JOHN GUNN I have a stable in Red Lion-yard. I never saw the prisoner bring any wheels to my stable—he had asked my leave, about three weeks previous, to paint a pair of wheels at my stable, but I was not there for two or three days—I did not see any marks of paint about the stable—Mr. Pointer has the stable as well as I.
JOHN EDWARD EVANS I live in Portpool-lane. On Wednesday morning, the 15th of Jan., at half-past eight o'clock, I saw the prisoner wheel-ing a pair of new hind cab-wheels out of Red Lion-yard into Gray's Inn-lane—they had priming of lead colour—the stock-hoops were rusty—they had no priming on them—I knew the prisoner before—Mr. Golding keen the Red Lion-yard, and different people have stables there.
THOMAS POINTER I have part of a stable in Red Lion-yard. I was there about eight o'clock in the morning on Tuesday, the 14th of Jan.—I was there again at night, and I noticed several wheels in the stall—there were some new hind cab-wheels, and I believe they had priming on—between eight and nine the next morning the prisoner came and asked whether Mr. Gunn was there—I said he would be there in a minute or two—he waited a few minutes, and then he said, "I want the wheels"—he took them, and went out.
(The prisoner received a good character.)
GUILTY Aged 27.—Recommended to mercy,— . Confined Two Months.
JAMES STEVENS I am master of the Duchess of Kent steamer, which is in the Thames. On the night of the 31st of Jan. I was in the street, and was accosted by the prisoner—I do not know the name of the place—I believe I gave her a glass or two of brandy—we then went on to where a chain was extended across a dark place—she put me backward till the chain came about the back of my knees—I fell backwards—she forced her hand into my pocket, and took out my purse, which contained two 5l. notes and eight sovereigns—as soon as I could recover myself I said "You have robbed me"—I saw a policeman, and said, "That girl has robbed me, take her"—he took her, and found the property on her.
Cross-examined by MR. BALLANTINE Q. You had been drinking? A. Yes—I knew what I was doing—I had been on shore all day—my ship came from Ireland—I had not been on board while she was in the river—this is my purse—I cannot tell which end the gold or the notes had been in—I cannot say whether I had had the purse out during thai evening—I had not had it out all that day—I had not it out at the last public-house—I had 8s. 6d. in silver in my right hand pocket—the prisoner got at my pocket by forcing me over the chain.
about at half-past two o'clock in the morning, on the 1st of Feb.—they were going in the direction of Crutched Friars—there is a chain across at the end of the India Company's warehouse—I heard a noise, and went there—I saw the prosecutor nearly on his back—the prisoner was in the act of trying to get from him—I asked if he had lost anything—he paused a minute or two and said, "I have lost my purse"—I followed the prisoner, who had then got a few yards from him—I took hold of her left band, and found she held it very tightly closed—I said, "Have you got this man's purse?"—she denied having it—I said, "If you have got it you had better acknowledge it"—she denied having it at all—I could see she had got either shillings or sovereigns in her right hand—I felt something which I fancied was the purse in her left hand—I pulled her hand open and took the purse from it—there were two 5l. otes in it, and in her right hand were seven sovereigns, and one sovereign was wrapped up in the notes in the purse.
Cross-examined. Q. Have you the notes and the purse? A. these are them—she afterwards said the prosecutor gave them to her.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Eighteen Months.
GEORGE WARD . I am a butcher, and live in Jubilee-place, Chelsea. I have some bars over the door of my shop to admit the air—on the morning of the 10th of Jan., a little before six o'clock, I was aroused by the policeman—I found a piece of mutton had been removed from a hook, and was partly through the bars—it weighed 41bs.—there was the mark of the person's foot outside, where he had got up to get it.
JOHN GOSLING (police-constable V 162.) A little before six o'clock in the morning, on the 10th of Jan., I saw the prisoner standing in the prosecutor's door-way, reaching his hand up and pulling something—he saw or heard me, and walked away—I went to the door and saw a piece of meat projecting through the bars—I then followed the prisoner and took him—he said, "What do you want with me, I have done nothing"—his hands were greasy—I took him to the door—he tried to shove the meat back, and said, "I did not intend to steal it."
Prisoner. He tried to put his hand through, and he knows a man's hand could not go through the bars. Witness. I got my hand and arm through very easily—he had both his hands up, and was pulling very hard—it was very nearly through—if I had not come up it would have own through—the hook was sixteen or eighteen inches inside.
JURY. Q. Did you retain a view of the prisoner through the whole transaction? A. Yes—he was about a minute pulling at it—Jubilee-place is a sort of crescent—I saw him, but I could not see what he was pulling at till I got opposite the door, and then I saw the meat projecting—the greater part of the shoulder of mutton was through the bars.
Prisoner I had my pipe alight in my hand; I never went near the Place till he took me to it. Witness. He had no pipe in his hand—there was one in his pocket, but it was not alight.
the police a number of years, and was present at the prisoner's trial in the Old Court, for breaking open a fan-light over a pawnbroker's door—(read—Convicted 19th Sept., 6 Vict., and confined one year.)
GUILTY . Aged 64.— Confined Six Months.
NEW COURT.—Saturday, February 8th,1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 27.— Confined Nine Months.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 27.— Confined One Year.
GUILTY . Aged 29.— Confined Four Months.
GUILTY .— Confined Three Months.
GUILTY . Aged 48.— Transported for Seven Years.
GUILTY .— Confined Three Months.
515. THOMAS SIMPSON was indicted for stealing 36 plates, value 8s.6 cups, value 4d.; 6 saucers, value 4d.; 1 tea-pot, value 8d.; 2 jugs, value 8d.; and 1 milk-pot, value 1d.; the goods of Joseph Caw-thorne, his master, in a vessel on the navigable river Thames; to which he pleaded
GUILTY . Aged 28.— Confined Two Months.
GUILTY .— Confined Six Months.
MR. O'BRAIN conducted the Prosecution.
MARY LEWIS I was cook and housekeeper to Dr. Dowler, and the prisoner lived there in attendance on an insane gentleman—I afterwards met him, in Oct. last—I saw him frequently after that, and an arrange-ment was made that we should be married on the 30th of Nov.—on the 20th of Nov., I sold out 170l. stock, which I received in gold and notes—in the morning of the 26th of Nov. the prisoner called on me—we were going that day to pay that money to take a coffee-shop—I had got my cloak and bonnet on, and was going to the door when he said to me, "You had better hand over that money to me, as I have had the paying of the other money, and I will pay it"—(he had paid in 5l. before)—I considered a few minutes, and I said, "Well, Mr. Gillies, as you had the paying of the other, I suppose you will have the paying of this;" and with that I drew the money from my pocket, and handed it to him, 165l.—we walked together to the coffee-shop on Ludgate-hill—we did not stop anywhere—when we got there we looked over two or three things, and we were then called into a room amongst a number of gentlemen to settle it—one of the gentlemen said, the money was then to be paid—the prisoner then jumped up and said, "I have lost my book"—I said, "That is impossible"—he said, "Then I have dropped it from my pocket in your room; give me your key to go back and look for it"—I gave it him—he went out, and returned in half an hour, or an hour, and said it was not there—I said it was impossible it could be lost—he said I was to go and get the numbers, and stop the notes at the Bank—he continued to visit me up to the 29th—he all the while proposed marriage to me, and wished me to ask the price of my lodging, and said it was too dear—I saw him on the evening of the 29th—he did not say anything particular to me then—I did not see him any more till he was in custody.
Cross-examined by MR. BALLANTINE Q. How long did he live fellow-servant with you in charge of a lunatic? A., About two years—I do not know what salary he had—he lived in the house—we had not much courtship there—our meeting afterwards was accidental in Burlington Arcade—I saw him again the next day, which was by his wishing it particularly—some time alter we settled the marriage, and the banns were put up—to the best of my knowledge it was on the 20th of Nov. I obtained the bank-notes—we were together every day after that, till the day the coffee-shop was to be taken—I had not handed him over this money before that day to take care of—when I received it I asked if he would count it—I saw it counted—he then kept it in his waistcoat pocket till we went into some inn, and went into the parlour—I did not like to have it in the street—it was afterwards counted over in my room, at my table—no one was present but the prisoner and I—I think the purchase of the coffee-shop was to be 250l.;, but the landlord took off 20—I gave 165l., and the prisoner was to make up the remainder—it was understood that he was to take the house and me likewise—he had some money on him when he was taken—when I received the money, he had it in his pocket, all the way from the Bank to Bayswater, because he said he could not trust me with it home; but he gave it me when we got home.
prosecutrix a cheque on the 20th of Nov.—the notes produced by the officer are part of what I paid her that day.
JANET GILLIES (through an interpreter.) I live in Inverness-shire in Scotland. I saw the prisoner there a few days after Christmas—he told me to go to his coat pocket, and take some money out, and take care of it—I did so, and gave the money to Mr. M'Donald.
Cross-examined. Q. Is the prisoner your cousin? A. Yes—he told me he was going to start to London—all the money I got was in his coat pocket.
ANDREW WYNESS (police-constable D 43) I produce two 5l. notes, six 10l. notes, and forty soverings, which I received of Mr. M'Donald—I found in the prisoner's pocket twenty-eight sovereings and a half, and 12s. 6d. in silver—I took the prisoner on the 29th of Dec., in Invernessshire, in Scotland, between 600 and 700 miles form here.
Cross-examined. Q. Did you not nid on him a cheque for 63l.? A. Yes, but it is good for nithing her—I found a number of latters on him.
GUILTY . Aged 35.— Transported for seven years.
MARY REILLY . I am the wife of Michael Reilly, and live in Rosemary-lane. The prisoner came into my service on the 5th of Jan., and about the 10th of Jan. I told her to take a few things to the mangle—she fetched a great number of things in her arms from the parlour—I said, "I don't want these mangled, I only want a few sheets done"—a customer came in to speak to me—I turned about, and in a moment the prisoner was gone, and the things mentioned—this is my gown.
Prisoner. What my mistress gave me was a sheet and a shirt; she told me she would give me 1s. for what I had done, and the next day she said, "I have a gown for you," and she gave it me.
GUILTY . Aged 18.— Confined Three Months.
519. THOMAS HILL and WILLIAM SMITH were indicted for stealing 4 glass bottles, value 1s.; 1 quart of pickles, 9d.; and 1 pint of soy, 1s.; the goods of John James Brook; and that Hill had been before convicted of felony.
MARGARET BROOK . I am the wife of John James Brook. About five o'clock, on the 16th of Jan., I was in my back parlour—Sheen came and asked if I had lost anything—I ran across the road, and caught hold of the prisoner Hill—I said, "1 think you have got my pickles"—he said, have not"—I gave him to the policeman—there was nothing found on him—I missed four bottles of pickles, which I had seen safe about three o'clock.
saw the prisoners standing together, for nearly an hour, by a barber's shop, three doors from Mr. Brook's—I then saw Hill go in and take something off a shelf at Mr. Brook's—he went out and spoke to Smith, then went back to Mr. Brook's, took a glass bottle, and crossed again to Smith—I think Hill crossed about half a dozen times to Mr. Brook's—Smith then went away, and I went and told.
JULIA SHEEN I was with my sister—I saw the prisoners together for about a quarter of an hour, looking into a shop—I saw Hill take the bottles, cross the road, and give them to Smith—Hill crossed again, and Smith ran down a street, and said, "You are caught, you are caught."
WILLIAM KEELEY (police-constable K 175.) I produce a certificate of Hill's former conviction, which I got at Mr. Clark's office—(read—Con-victed, 18th September, 7th of Victoria, and confined one year.)
HILL— GUILTY . Aged 22.— Transported for Seven Years.
SMITH— GUILTY.* Aged 20.— Confined Nine Months.
The prosecutor did not appear.
NOT GUILTY .
JOSEPH TURNER I am shop-boy to Elizabeth Clark, of Chertsey, near Staines. On the 1st of Feb. the prisoners came for 8d. worth of pies—they both ate them in the shop—they then asked for change for half-a-crown—I laid two sixpences and fourpence on the counter—Tube took them up, and ran away—Southall sneaked by the side, and said to ray mistress, "Why don't you run after him?"—she said she could not—somebody else stopped him—Southall wentoff—I did not see them again till they were brought to the Phœnix—I am sure they are the persons.
CHARLES BUTLER (police-sergeant T 194.) I was sent for to the Phœnix, and found the two prisoners in custody of two young gentlemen—the publican had stopped them—I found on Tube three penny-pieces and two halfpence, but nothing on Southall.
TUBE GUILTY . Aged 23.
SOUTHALL GUILTY . Aged 18.
Confirmed four months
522. THOMAS WALKER and WILLIAM HENRY O'BRIEN were indicted for feloniously breaking and entering the dwelling-house of David O'Brien, on the 24th of Jan., at Bromley, St. Leonard's, and stealing therein, 1 coat, value 2l. 10s.; 2 waistcoats, 1l. 6s.; 1 pair of trowsers, 1l.; 1 pair of boots, 1l.; 1 pair of shoes, 10s.; 1 tea-pot, 6s.; 2 candlesticks, 6s.; 3 tea-caddies, 8s.; 5 shirts, 6s.; 3 knives, 3s.; 1 brooch, 1s.; 1 purse, 6d.; 1 box, 2d.; 2 spoons, 4s.; and 2 printed books, 12s.; his property.
DAVID O'BRIEN I live in Amelia-street, Bromley; the prisoner is my son. I left home about eleven o'clock on the 24th of Jan.—I left all my property safe, the box and other things stated—the back door was bolted, and the front door locked—the window was secure all but one broken of glass—I returned between eight and nine in the evening, and, I entered, one of my neighbours told me something—I went in, and
found all these things gone—the drawers had been broken open with a screw-driver, which we found two days after under the drawers—my boy had got in through this broken square of glass, which had been hacked out to put another square in—it had been papered over, and the paper tacked on—it was so small a place that it was difficult for him to get in—there was no breaking of glass—I have looked at the things which have been found and they are mine—everything that was worth 6d. in my drawers was gone.
ELIZABETH ELLIS . I am a widow, and live in Arundel-street. On the 24th of Jan. I saw the prisoner O'Brien on the wall soon after his father had left—I asked what he wanted—he said he wanted to get in—I said, "You must not, your father has fastened the house, and you must not get in"—he said he would—he took the paper off the window, and got in—Walker was on the wall—I asked what he wanted—he did not say anything—I said if he did not go away, I must give him in charge—he then went away—I never saw him again till he was at the Thames-police, the next day—I went out, and came back about four o'clock—the prosecutor's back door was then open, and the drawers had been broken open.
CHARLES SPILLER . I am a master rigger, and live in Sophia-street, Poplar. I went to the prosecutor's house on the evening of the 24th of Jan.—I knocked at the door—Mrs. Ellis answered me, and told me something—O'Brien's brother was with me—I went into the house, and got a light—I saw the drawers were all broken open—I went out after the prisoners to No. 4, West-street, Stratford-marsh—I told O'Brien's brother to go and ask if Bennett was there, which is the name Walker goes by—the boy I sent was detained, and I went to the door some time after, hot Walker was not there—I received information, and went to Field-lane, where I found O'Brien in bed.
WILLIAM POTTER (police-constable K 273.) I went to No. 4, West-street, Stratford-marsh—I asked for Bennett—a man inside said he was not at home—I afterwards heard him go up stairs and call Bennett—I said he might as well open the door, I knew he was there, I heard him talk—I went up stairs, and found this tobacco-box and brooch, this purse, and a knife, which the prosecutor identifies—this key the prosecutor cannot swear to—this second key I found between the tiles of the wash-house—I found this staff—it is loaded with lead—Walker saw O'Brien crying, and said, "What are you crying for, you young b----r?"—O'Brien said, "You know you only gave me 6d., and when I said I would tell, you gave me a kick, and said you would kick my brains out"—Walker said, "You know I promised to buy you a new pair of trowsers"—he said he had a supper of beef-steaks, and a pot of beer, and he gave O'Brien 6d., to pay his fare up to Field-lane.
ANN WARD The prisoner Walker lodged with me for about nine nights, in the name of Bennett—these things came into my house between twelve and one o'clock in the day—the two prisoners came in together with them.
WALKER— GUILTY . Aged 15.— Confined One Year.
O'BRIEN— GUILTY . Aged 10.— Confined Three Months.
Islington. He had some spades and brushes at bis shop—I saw them safe on the 18th of Jan., about four or five o'clock—I have seen them since in the policeman's possession—these are them—they have our marks on them.
HORATIO ANDERSON (police-constable G 163.) On the 18th of Jan., about seven o'clock in the evening, I was on duty in Coppice-row—I met the prisoners—Walsh had these spades on his shoulder—I followed them to Saffron-hill, and then spoke to them—Walsh said he got them from a house in Hampstead-road—I took them to the station.
WALSH. I met this boy by the House of Correction; I did not see the brushes on him.
LEE. If I had dropped the brushes, some one beside Dale must have observed me.
JAMES SURRETT (police-constable N 249.) I produce a certificate of Lee's conviction, which I got at the Sessions-house, Clerkenwell—(read—Convicted 26th of Feb., 7th Vict., and confined two months)—the prisoner is the person.
LEE— GUILTY . Aged 18.— Confined One Year.
WALSH— GUILTY . Aged 16.— Confined Three Months.
OTTO FRANKE . I keep a coffee-shop in Great Windmill-street. The prisoner was in my service—I have missed money, and marked two shillings, which I put into the till—on the 24th of Jan. I looked, and the marked money was gone—I was present when my wife searched the prisoner's box in the kitchen, and found this marked money in it—she said she had no money—this is the money I marked—these are the marks on the shillings.
Prisoner. Q. Do you swear that I said I had no money? A. Yes—I left the marked shillings in the till after I gave change—as soon as this money was found, the prisoner was going to take it away, and then 1 went for a policeman.
Prisoner. I complained to the inspector of the C division, that he took my money, and would not pay my wages.
AUGUSTA FRANKE . I am the prosecutor's wife. I was in the yard, and saw the prisoner in the parlour—she looked at my husband, and I saw her put her hand down—I went to he till, and missed the marked money—I said to her, "Will you buy a frock of me?"—she said "I havn't any money"—she lifted up her box—there was no money there—she said, "I have not a halfpenny in my box"—I went to it, and found in one corner seven shillings and three sixpences—I looked for these marked shillings, and found them—I said, "Where had you this money?"—she said, "I brought it from Ireland," and before the Magistrate she said she had it from her last place.
station, and complained of an assault committed by her master—the inspector referred her to the Magistrate, and in half an hour I heard that the prosecutor had been robbed of money taken out of the till—I asked him if there were marked money—he described the marks to me—I saw the shilling with the two marks on it, and the other with the black mark—I asked the prisoner if there was any mark on her money—she said, no, it was a half-sovereign sent from Ireland, and after that she said it was a half-sovereign from her last situation, and this was the change of it.
GUILTY . Aged 24.— Confined Four Months.
525. JOSEPH UNDEY , JOHN REDKNAPP , JOHN PHELPS WILLIAM BRISLER , and JOSEPH RICHARDS , were indicted for stealing 8 bushels of oats, value 1l. 4s., the goods of William Penn, the master of Undey; to which they all pleaded
GUILTY .— Confined Two Months.
(The prisoners received good characters.)
ROWLAND ALGER . I am a grocer, and live in Cannon-street-road. The prisoner was in my service—I directed my wife to look after him—I marked ten or twelve penny pieces, and some other money, and on the Sunday morning, previous to the prisoner's leaving to go home, I asked how he was situated for money, whether he had any—he said he believed he had 1s. he was not aware that he had more—I asked if he had any copper money—he said, "Not a halfpenny?"—I said he must turn out his pockets to satisfy me—he turned out six sixpences and the other money stated in the indictment—part of it was marked, and I know it was mine—this cork-screw was found on him—he heard me ask for it on Saturday night.
Cross-examined by MR. PRENDERGAST. Q. He had fifty-nine pence, had he not? A. Yes—I believe we found seven marked pieces in his possession—some have a cross—they were just scratched across with the blade of a knife—the prisoner told me this was money he had got for the purpose of paying into a penny bank, and that he had changed other money for it—there are banks for children in the Sunday-school, by the Rector of the parish—I believe his father is connected with one of those schools.
COURT. Q. He said these were for the penny bank? A. Yes, on the Sunday—but first he said he had no more money in his pocket—he did not mention about the bank till the money was taken out—I can swear to six or seven pieces of it.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy by the Jury.— Confined Two Months.
pocket, covered by Jones—Leonard then tried two females' pockets, and got nothing—he then went to an apple-stall—I saw him put his hand in front of Mrs. Briggs' dress, take out something, and hand it to Jones—she gave her name as Mary Briggs, and said she had lost 4 1/4d. from a pocket in front of her person—I found 6s. 3 1/4d. on Jones in copper—Mrs. Briggs is not here.
NOT GUILTY .
EDWARD BETTY . I am a seaman. About four o'clock in the morning, on the 4th of Feb., I was taking coffee at a coffee-shop—Jones came and asked for a cup, which I gave her—she then asked for some beer—we went to the Duke of York and had a pot of beer, and she stole a handkerchief out of my pocket—I asked her to give it me, and went to the house where she went to for it—I stayed there two hours, and when I rose up to go sway my jacket was gone—Jones said she had pawned it—Fleming was not in the room for half an hour after I rose from the bed, and then she went out for about twenty minutes, and brought me the duplicate of my jacket—I do not know whether she had been in the room before I awoke—I went to sleep with Jones, and she got up after a little while.
Jones. You gave me the jacket to stop with me, and you gave it me to pawn for 5s.; I pawned it and gave you the ticket; you said, "Thank you;" you gave me the handkerchief as a present.
Witness. I did not—she told me to go and sleep with her for the value of the handkerchief—I said, "I have no money;" and she said, "I will steal none of your clothes."
WILLIAM BARRYMORE (police-constable K 51.) I took the prisoners—Jones said she did not take the jacket, and Fleming said she did not pawn it; but at the station Jones said she took it, and Fleming said the pawned it.
NOT GUILTY .
ELIZABETH RAPHAEL . I am the wife of Abraham Raphael—we live in Harper-place, St. George's—the prisoner was my servant, and left me just after Christmas—I missed a great many things, and amongst them this shawl, handkerchief, and apron—these now produced are mine.
Cross-examined by MR. HORRY. Q. She had been in your service for two years? A. Yes, on a former occasion—her mother did not object to her coming back on account of the language I used—I will swear to this apron, I know it by this tear in it—I am a general dealer—I do not receive pledges, I buy and sell—the prisoner's mother bought a tea-kettle of me, and a pair of gloves—after the prisoner left me, her mother came and begged my pardon—this handkerchief has been ill-used since she had it—this shawl was a new one, and has been ill-used.
MARGARET DAVIS . I went to the prosecutrix's house, and on the neck of one of my children was this half-shawl—I had been at the prisoner's mother's on the Monday week, and the prisoner lent me the half-shawl.
Cross-examined. Q. Did you fetch the prisoner back again to Mrs. Raphael's? A. No, I acquainted her mother about it I said Mrs. Raphael would take her back, and the prisoner said her mother did not wish her to go back.
JOHN LITTLE (police-constable K 173.) I found this apron and shawl at the prisoner's mother's—this is Mr. Ballantine's handwriting to this deposition—(read—"The prisoner says, 'My mistress gave me the other things for dusters; the apron is my mother's.' ")
MR. HORRY called
MARY CASEY . I am the prisoner's mother—I live in Bett-street, Ratcliff-highway—this apron is mine—this tear in it I sewed up myself in my own place—my daughter tore it with a chair this day three weeks—I scolded her for being so careless—I bought it in Petticoat-lane three months ago—when my daughter was in Mrs. Raphael's service she complained to me of the ill language Mrs. Raphael used to her—Mrs. Davis came three times to solicit her to go back—I said Mrs. Raphael used her so very bad I did not wish her to go back, and I complained of her language.
MATILDA CAPPS . I am single, and live in Philip-street—I know this apron—the prisoner tore it about three weeks back—her mother scolded her for it, and took a needle and run it up—there is one tear in it, but it is torn three ways—it was sewn up with white thread.
MRS. REPHAEL re-examined. Here are two years in it, and it is sewn with black thread—I was frying fish, and a coal flew out and burnt it—I was running up stairs and tore it, and my nursery—maid sewed it with black thread.
NOT GUILTY .
HENRY JOHN MOORE COLVILLE . I am a copper-plate printer, and live in Tavistock-street. On the 28th of Jan. the prisoner came to me to know whether he might assist me in moving a number of copper-plates, from No. 11, Tavistock-street, to No. 32, Charles-street—he said my warehouseman had sent him—I said he might assist me—in two hours he asked me for some money for beer, and about five o'clock I told him he might come to work nightwork at eight o'clock—he said he did not want to come then—I said, "You must, or I must get a man"—he then said he would—he left me, and I saw no more of him till he in custody—the plates produced I am quite sure are mine.
WILLIAM POCOCK (police-constable F 81.) I was going through Vinegar-yard, about five o'clock that evening, and met the prisoner, who was carrying something covered with a handkerchief—I followed him to White Horse-court, Drury-lane, and asked what he had got—he said some work, and he was going to his home, in Clerkenwell—I said it was a heavy load, should I carry it for him—he said I might—I took him and these plates.
MR. COLVILLE. These are my plates—the prisoner had no right to have them—he left my shop without anything in his hand.
Prisoner's Defence. I had these plates in the passage, I thought I
would go and have my supper, and then take them for a last lot to the other house; I did not intend to take them home.
GUILTY . Aged 44.— Confined Four Months.
NEW COURT.—Monday, February 10th, 1845.
Fifth Jury, before Edward Bullock, Esq.
JOHN WHITE . I am constable of the East and West India Docks. On the afternoon of the 14th of Jan. I saw the prisoner coming from the West India South Dock, and going out—he had a pair of trowsers concealed under his frock, under his arm, and a bag in his hat—I asked him if he had anything in his hat—he told men no—I told him to take it off and I found this bag in it—I asked him what ship he had been on board of—he said he could not tell me—he said some person must have put the bag into his hat, and that one of the boys gave him the trowsers to make some patches to mend old trowsers—I desired him to show me the ship he had been on board, and he showed me the Royal Sovereign, in the West India South Dock—I went on board—the mate said the prisoner had been employed in that ship—I showed him these trowsers, and he identified them as belonging to Bill Rollins—Rollins said that they were his, and had been in his chest—he is not here, nor the mate.
Prisoner. A boy told me I might take the trowsers, as they belonged to a boy who had left the ship.
NOT GUILTY .
It being the property of Richard Hodge and two others the prisoner was
WILLIAM HENRY CLARK . I am in the service of Mr. Thomas Cowper, a linen-draper, in Beech-street. About five o'clock in the afternoon of the 4th of Feb., the prisoners came into the shop together, and asked for bonnet-ribbons—I showed them some—they said we had none to suit them, they wanted black satin with stripes, and we had not one of that sort—Smith then went outside to see what sort we had, and I went with her—she did not point to any, and came in again—I had, before she went out, seen Davis take a ribbon from a drawer I had on the counter, and put it under her shawl, and when I came in again I told a young man that she had it—she said she had not—I said, "If you have not got the piece of ribbon, you have given it to the other girl"—Smith then said, "If you don't give us in charge, I will tell you where it is"—Smith afterwards gave it up from under her shawl—this is the ribbon—it is my master's.
Davis. I did not take it out of the drawer; Smith took it off the counter, and gave it him.
JOHN EDWARD RUSSELL . I am in Mr. Cowper's employ. About five o'clock on the 4th of Feb., I saw the two prisoners in the shop after they had taken the ribbon—I heard Clark accuse Davis of taking a piece of ribbon—I saw them make an attempt to go out of the shop—I held the door—I told Davis she had the ribbon—she denied it, and took off her shawl, and wished me to search her—I told her I should not do so, but to give me the ribbon—the ribbon was produced by Smith—I sent for an officer, and gave them into custody.
Davis. Smith asked me to go with her to buy a bit of ribbon; she looked at some, which did not suit her; we were then going out, and the man accused us; Smith took the ribbon off the counter, and gave it him, and said, "There is the ribbon."
Smith. He showed us the ribbons; there were none we liked; he took the box away; there was this piece on the counter; I took it up, and gave it him; I said, "Here is the ribbon you charge us with."
DAVIS*— GUILTY . Aged 17.
SMITH— GUILTY. Aged 16.Recommended to mercy by the Jury.
Confined Four Month.
NOT GUILTY .
NOT GUILTY .
536. ALEXANDER SMISON was indicted , for that he, being master of a British merchant ship, called the Elizabeth, of Bristol, did unlawfully leave William Burgess, one of the crew of the said ship, on shore at Quebec, in North America, before the completion of the voyage for which he was engaged.
Upon which no evidence was offered.
NOT GUILTY .
OLD COURT.—Monday, February 10th, 1845.
Third Jury, before Mr. Recorder.
MR. DOANE conducted the Prosecution.
MR. MOUNTAIN. I am clerk to the Under Sheriff of Middlesex. I administered the oath to the defendant on the 7th of Jan.
CHARLES RAN KENNEDY , Esq. I am a barrister-at-law, and a deputy of the Sheriff. I presided in the Sheriff's Court on the 7th of Jan., on a trial of Tyhverly against Watt, on an action of debt—I have a note of the evidence that Mr. Kennett gave on that trial—it is headed "Tyhverly against Watt, trial in debt; William Alick Kennett examined"—he says, "I am a solicitor—I live at Brixton—know the defendant—this promissory note is his—I saw him sign it," and the note was marked "A"—then is cross-examined, and says, "I am not the attorney in this case—my brother is—it was signed at the office of the St. Pancras Loan Society—the
plaintiff is the conductor—he advanced the money"—the note marked "A" was then put in.
GEORGE TOWNLEY WATT . I carried on business as a grocer, in NarrowI street, Limehouse, last year—I gave up my business, and am at present residing with my son, who is a grocer, in Cannon-street-road—in Feb. last year I was acquainted with a person named William Sprigging, of Waterloo-terrace, Commercial-road—I have known him some time—he applied to me about raising the sum of 30l.—I suggested that I could obtain it from the St. Pancras Loan Society—he proposed that I should apply for it, and he become security, as he was in better circumstances—I went to the King's Arms, in John-street, Bedford-row, and made application—I saw Mr. Tyhverly there, in the office up stairs—he belongs to the Society—I saw Mr. Potter—I have seen another party there—I was there on the 20th of Feb.—I did not see the note in question on that occasion, not till the 21st—the sureties had all signed, the last signed on the 20th, but I did not—Tuesday the 20th was the regular day of meeting—they told me I was too late then, and it was suggested I should go on the following night, sign the note, and receive the money—I went and signed it on the evening of the 21st, in the bar parlour, at the back of the bar, in the King's Arms, not in the office—Mr. Tyhverly and Mr. Potter only were present when I signed it—20l. was advanced to me on that occasion—something was said about ray coming down there specially, and having something to drink at my expense, and I handed 2s. to Mr. Tyhverly, one of which he banded over to Potter—a few days after I received the balance, after deducting the common interest and expenses—I think that was rather less than 2l.—the money was to be repaid by weekly instalments—that was the understanding—the half of it was paid so.
Q. Did you receive instalments from Spriggins from time to time, and pay it to the Society? A. I only did in one instance, or twice, perhaps, it might have been—I was going westward, and he asked roe to take it for him—15l. has been repaid—(looking at the note)—these three signatures under my name, were to the note when I signed it—I was the last that signed, though I am at the top—all the others were there.
Cross-examined by MR. CLARKSON. Q. You knew the practice of this society, for you had been a borrower of money there before, had you not? A. I had, some years before—I was to pay 12s. a week; that is, 12s. 6d., 12s. is allowed you in the book, and 6d. goes for forfeitures, and to on—I only had credit for 12s.—I had paid in 12s. twice over, two weeks previous to my receiving the money—you make a payment before they will go to inquire into the correctness of your sureties—that is 12s.—one 12s. I brought, and 12s. after—I think I received rather more than 27l. 18s. 11d.—I ceased to carry on business in Narrow-street in Sept. last—the business is carried on in the same name as it used to be there, save the "junior"—that was put up when my son took the house, which was in Sept.—he bought the stock himself—I sold the whole of my stock and fixtures and everything I had in Narrow-street to Mr. Perry, who took the house, and the money I received from him I paid my tradespeople with—I do not carry on my business in Cannon-street-road—I am attending to it for my son—I attend every day for him—it is not my business—have no interest in it, except what my son allows me, which is 1l. a week—we have an agreement—I have not got it here—Mr. Perry, who took the house in Narrow-street, came from Larkhall-lane—he is a grocer cheesemonger—he is carrying on the business there—from Narrow-street
I went to Cannon-street-road with my son—lie is about twenty-five years of age—he was not apprenticed to me, but to a Mr. Jones, a dentist at Canterbury—he gave up his apprenticeship in his twenty-first year—he staid his time—he then came to London—he did not set up for himself—he came to my shop in Narrow-street soon afterwards—he was in practice in his own business occasionally before that—he used to do part of his work at home—I do not know exactly where he did the other part, at different workshops of mechanical business—he continued to carry on his profession of a dentist up to the time I left Narrow-street—he had no fortune left him—I was in bad circumstances—he was to pay 42l. a year for the house in Cannon-street-road—he purchased the stock of different tradespeople—one was Broorme and Co., grocers, of Lawrence Pountney-hill—they gave him credit, not me—I did not go for the goods—I will swear that, or apply for them—their traveller called on my son, and he gave the order—it was the traveller from that house—it was not the traveller I had employed when in Narrow-street—I knew nothing at all about it—Mr. Dean, of Tower-street, was another—I knew him—he supplied me, when in Narrow-street, in two instances, not the whole time—there were several others—there was Mr. Hopkinson, the tallowmaker—I was an old customer of his.
Q. Tell me anybody else with whom you or your son dealt that you were not an old customer of? A. There was Mr. Wing, of East-street, I never dealt with—I think that is the only one besides Broome's—my son purchased several of his household things—one part of my furniture he was obliged to buy under an execution.
Q. Where did he get the money from? A. Oh money he has always had from his boyhood up—his mother, from his early youth, saved money for him, up to the time of his apprenticeship—she had 60l. a year of her own—she died six or seven years ago—my son did not take this business till Sept. last—he did not keep the money at any bankers—some was in the Savings' Bank—his mother made no will.
COURT. Q. Then, how did this money come not to be yours? A. The money came to the sister after her death—it was not left to my son, only what my wife had saved for him, about 200l.
MR. CLARKSON. Q. But that was your money, not his? A. Well, I did not have it; it was perfectly understood it was to be saved for him.
COURT. Q. What did your creditors say to that? A. Oh, I paid them all in full.
MR. CLARKSON. Q. Therefore you are not indebted to anybody at all at present? A. Yes, I an indebted to one or two, or it may be two or three—it is not many—I cannot swear how many—I did not make out any memorandum or list, or else I would have brought it—I should say I owe, perhaps, 50l. altogether—I do not think it is more—I will swear I do not owe in the whole above 100l.—this money that my son was enabled to purchase the business with was in the hands of his aunt, and also of his uncle.
Q. Now you say you borrowed this money as a principal? A. Yes—cannot say whether I told the society it was for Spriggins—I think I said the money was for myself, and that Spriggins, my former security, would be my security again; I do not recollect exactly; I dare say it was so; I rather think I told the secretary that I was borrowing the money for Spriggins—I do not know that I told anybody but him at that time—I did not pay back the 15l.; Spriggins did—it was paid back on my account,
and then I did not pay any more—an action was then brought against me—that went on to execution—I pleaded the general issue—when the execution came to the house in Cannon-street-road, my son gave notice to the sheriff that the goods were his, not mine, and the execution was withdrawn—nothing has been paid since, I believe—my son set up in Cannon-street-road in Sept.—it was in the early part of Sept. that he took the house—he set up business on the 25th—Spriggins is not here, to my knowledge, nor Adams; White is here I believe—the society objected to Adams as a security in the first instance, and required a third, namely, White—they would not advance the money without another security—I carried on business in Narrow-street up to the end of Sept., or the early part of Oct.—I think it was in the early part of Oct. that I disposed of the business to Mr. Perry—I did not remain till the end of Oct—it must have been the end of Sept, or the beginning of Oct., that I left, that would be it—my son had not set up at the new place before I had done with the old—he set up about the 25th of Sept—he was there before me—I think I finished at Narrow-street in Sept.—I gave up my business to Mr. Perry, and then went and lived with my son—I am wrong about Oct.; it was in Sept., not in Oct., that I left Narrow-street—I then went to Cannon-street-road, where 1 acted in the business similarly to what I had been acting in the business in Narrow-street—my son printed 4000 bills—I did not send out circulars to my customers, announcing that I had given up business, and that my son had began—I did not employ any attorney in the action; I pleaded in my own name and person—I pleaded that 1 did not make the promissory note set out in the declaration, and that I was not indebted to the society—I pleaded that I did not owe; that is similar—it was true that I had signed the note, though I pleaded 1 had not—it was not true that I was indebted to them the balance of the money—I did not owe the money myself; Mr. Spriggins owed the money—I knew I was liable for it—Spriggins said he would pay the money, but he would wait the end of the action—Spriggins is still in the Commercial-road—I had borrowed the money, and Spriggins had paid half of it back—the society has received only half—I believed Spriggins to be in better credit than myself—he is very well off—I have not sued him for this money—I expected the society would have sued him, but they did not; they never called upon him—it is the sureties generally they look to—Spriggins said he would be here—he is a tobacconist—he had all the money—I paid it to him.
COURT. Q. Why did not you call upon him to defend the action when it was brought? A. He said the action was brought against me, and I had better attend to it myself, but he said if he was applied to in the matter, if they commenced with him, be would settle the 15l. balance, but he would not pay any costs.
MR. CLARKSON. Q. Well, did you go to the society, and tell them, when you were sued, "This money was not lent to me, it was lent to Spriggins, and Spriggins is willing to pay what remains due?" A. I told Mr. Tyhverly so, when he called on me, during the time of the action—it was at No. 4, Cannon-street-road, about a fortnight previous to the trial at the Sheriff's Court—the amount of the debt and costs in the action was about 29l., 15l. the half of the debt, and 14l. the costs—my son has paid the expenses of this prosecution out of his own monies, unfortunately I have none, none that I have borrowed, or anything of that sort—I have no money by me whatever—I have not borrowed any money to pay the expenses
of this prosecution—it is of my son's money, and not of mine, that this prosecution has been carried on—Spriggins is no relation or connection of mine—I bought the business in Narrow-street of Spriggins about three years ago, which I sold to Perry—he is no relation of mine, quite a stranger.
JAMES POTTER . I am a tailor, and live at No. 53, Theobald's-road. I was secretary to the St. Pancras Loan Society for four years, or somewhere thereabouts—I have been with them altogether six years—I remember in February last year Mr. Watt making application for a loan of 30l.—we meet on Monday nights for some part of the business—none of the parties signed this note on the Monday night—on the Tuesday night, I believe, two of them signed—one of them signed—Mr. Adams signed at the society—the others signed at their own houses, I cannot tell when—(looking at the note)—this is my dating—Mr. Watt came on the Tuesday after making the application, the 20th—he came too late for receiving any money that night—three others had already signed the bill on the 20th—there was Sprigging, of the Commercial-road, Waterloo-place, I believe it is called, I saw him sign at his own house; Mr. White, a carpenter, in Hoxton, he signed at hit own house, I saw him; the third was Mr. Adams, he signed at the society, on the 20th, I saw him sign it—it was after Adams had signed it that Mr. Watt came too late—an appointment was made for him to come on the following night—he said it would be of great use to him on the following morning—he came on the following night, Wednesday—that was not our regular night of meeting—when I came into the public-house he had just gone into the bar-parlour—that was not the place we usually occupied as the office—that is up stairs—Mr. Tyhverly was there—he is one of the partners of the Society, and the head one, I believe—Mr. Watt then signed his name to that bill—he had not signed it before—Mr. Challis, the landlord, was at the counter, but he never interfered—nobody was present but myself, Mr. Tyhverly, and Mr. Watt—Mr. Kennett was not present—he had nothing to do with it—the landlord was at the counter, minding his own business.
COURT. Q. Does the counter command a view of the bar-parlour? A. Yes, if you turn your back to it—the bar-parlour is just behind the counter—it is not in the same room, it is parted off—they open one into the other by a door—I should say a person at the counter could see what was going on in the bar parlour if he turned round to look.
MR. DOANE. Q. Was Mr. Kennett at the counter? A. No, nor in the premises at all, at least he was not below stairs, not where Mr. Watt signed the note—20l. was handed over at that time to Mr. Watt—Mr. Watt said, "As you, gentlemen, have taken the trouble to oblige me tonight by coming here on purpose, I will give you 2s."—he gave Mr. Tyhverly 2s., and out of the little bar-parlour he threw me 1s. on the counter, by the side of the bar—I was then at the other side of the bar—the business was over—I was at the outside of the counter, going away into the parlour, to sit down for a minute or two—there is only a partition across—it is nearly the same place—it is a very small place—I cannot swear exactly to the date when Adams signed—he came and signed up at the society on the Tuesday, as we were not satisfied with his security before—Mr. Kennett, Mr. Tyhverly, and myself, were present—Mr. Kennett witnessed Adams's signature—there is no question about it—his security was not satisfactory at first, and after another one was given, which satisfied the treasurer and myself, we allowed them to come up and
sign, instead of putting them to another expense to go to their houses again, for which 1s. a mile is charged.
Cross-examined by MR. CLARKSON. Q. Then if I understand you right, Adams did not sign on the day that Mr. Watt signed? A. No.
COURT. Q. When was it that White signed? A. The week previous to Adams's signing, at his own house at Hoxton—I really cannot tell the date, my books are away from me, or I could have told you exactly—it might have been on the 13th—there are two nights of meeting—sometimes there used to be a mistake, in signing at the bottom first—I cannot say ibout that, that is very often the case.
MR. CLARKSON. Q. Did I understand you to say just now, that Mr. Watt came and said the money would be very useful to him next morning? A. He said he would like to have it then, most decidedly—after he was too late he stood a few minutes, and said to Mr. Tyhverly it would be very useful to him in the morning, as he had to make a purchase; and Mr. Tyhverly said, "If you will come to-morrow night at seven o'clock," (which he very often did, to oblige certain parties,) "you shall have the money"—Mr. Kennett used to put his name sometimes—he sometimes witnessed the signatures of parties—he is the brother of Mr. Kennett, the partner to Mr. Gregory—I was discharged from the society on the 1st of Oct., I believe—it has happened, that when there was business to be done at the society, I was not there, but was drunk elsewhere, but not so that I could not do the business—sometimes it was done the better for that—it has not haopened a good many times, I will swear that—I do not know how many you mean—it has happened a good many times—it has happened, perhaps, a dozen times within six years—I do not know whether it has happened twenty times—I never kept any account of it—I should say it has not happened twenty times in 1844—I have kept no account of it—I will not swear it has not—I was insured in the Sun office—I took my policy to get money advanced on it—I did not get an advance of 40l. on it—I got 5l., at least I borrowed 40l., and that was left as part security—I did not afterwards go to the Sun Fire-office, and represent that I had lost the policy—I never wrote them word so to my knowledge—(looking at a letter)—this is mine—after I had got 40l., and had deposited my policy with the Sun Fire-office as security, I represented to them in writing that I had lost the policy—I got another, and got more money advanced upon that—allow me to explain it—I borrowed 40l. of a Mr. Hodge, a postman, which I was to pay him back by instalments of 1l. a week—in the first place, he took a per centage of 30 per cent., and out of that 40l. I have paid him 28l., which, if I had known I was going to be asked the question, I would bring his signature, when I paid him back 1l., and 1s. besides, after the 30 per cent, to make 28l.—that policy was out in a week or two—I was very unfortunate, and went to Hodge, and said the policy was out such and such a day, I had the. letter from the office, and asked whether he would take it and pay it, for it was impossible I could, and it was a pity it should be lost—he said he should not do anything of the sort, that it was no use to him—I then asked Mr. Elliott if it was any use to him; and after considering two or three days, he gave me, I believe, about 5l. for it, and I had paid two years—now that is the history of that.
COURT. Q. But you have not explained the only part that wanted explanation, whether you made a false representation to the office that you had lost it, and applied for another? A. Why it was lost.
MR. CLARKSON. Q. Did not you represent that you could not find the policy? A. No more I could find it—I went down to Mr. Hodge for it—Mr. Elliott is the party that had it, because it should not be lost—I told Mr. Elliott that Mr. Hodge had it—I told him I left it with him—I do not know that I told him that Hodge had it—I told him I had deposited it, and the party would not pay for it, and whether it would be any use to him—that was what I told him—I think I got 5l. of Mr. Elliott, and he went and paid the policy himself—there was 7l. to pay for the policy for the year—I was not discharged from the society for having taken money of theirs that I had given no account of—allow me to hand you this letter—(producing one)—that will tell you different to that—that will speak to character for six years from the treasurer.
COURT. Q. Why was not the business of signing this note, by the party who appeared to be the principal in it, conducted in the office up stairs, instead of the bar-parlour? A. It was an extra night, and we never went up stairs on any business then, only on the two nights we had the room up stairs to conduct the business in—it was not occupied the whole of the week, only two nights, Monday and Tuesday, from seven till nine o'clock—we always get the sureties on a note before the principal—when a person applies for money, he puts down 13s., if it is for 30l., the same as Mr. Watt did—he does not bring the note executed by the sureties—the note is detained by the treasurer, till he is quite satisfied that the securities are responsible persons—he would get all the sureties' names to the note, before the borrower's—(The letter shown to the witness was here read; it was addressed to the managers of the Sun Life Insuranceoffice, informing them that he had assigned his policy, for 200l., to William Eltiott, and stating, in a postscript, "the policy at present cannot be found; as soon as found, it will be forwarded to Mr. Elliott forthwith")—the bar-parlour is not the office for conducting the business on extra nights, only the treasurer and myself were in the habit of going in to sit down—there is business done there—the same two officers attend to conduct the business there, that ought to be conducted up stairs—for the purposes of the transaction it was the office.
MR. DOANE. Q. Hodge refused to make the payment on this policy? A. Yes, so that it would have been lost—when I went to Mr. Elliott I wrote that letter—that was the form I was to go through—Mr. Elliott told me, and therefore I did not scruple to do so—I was dismissed the service of the society on the 1st of Oct.—I have brought an action against Mr. Tyhverly, the treasurer, for remuneration for my services—he is the treasurer, and everything else—he is the proprietor—no charge was made against me of malversation in the accounts, embezzling the money, or anything of the kind—solely for inattention, as it appears lately.
COURT. Q. Was the evening you saw this one of your drunken evenings? A. I am sure I cannot tell—I will undertake to swear I was not drunk, for I had been to Brompton-square, and left a gentleman there it twenty minutes past six—I came home by the omnibus, and ran home on purpose to oblige the man—I was not drunk before I went there—we do not do it that way—I went to wait on the gentleman—I got no refresh-ment there, nor on my way home—the omnibus did not stop any where—the gentleman I went to wait on was Mr. Frederick Metcalf, No. 58, Brompton-square—I believe it was on the 21st—it was the same evening, the Wednesday evening—Mr. Watt attended on the Tuesday evening in
the hope of getting the money—he was very pressing to get it, and assigned as a reason that he wanted it the following morning—he did not sign the note then—they do not often sign till they are going to have the money—the bill was in the office—he could not sign without it was taken out and given to him—Adams signed on the Tuesday, but not Mr. Watt, because he was not going to be paid that night—the bill was not presented to him at all to sign his name, as he was not going to be paid that night—that would be quite an unusual way of doing business—I am sure he did not have the money that night—there is no attesting witness to Mr. Watt's signature—that is the case with a great many of these notes that my name is not to them, for some come from the country—I should not, if I had been sober, have put my name to it, not when there is one name—Mr. Kennett is the attesting witness to Mr. Adams—you might say he is the attesting witness to all these notes, when they were signed miles off from him—according to that he is the attesting witness to all the signatures on the note—I never saw marks pot on them before, not the marks that say which ones he attested—I never saw that before—they were not there when I saw the note—there was no mark to denote when he signs his name at the bottom, which of these he was witness to—I never saw them before—I never saw a bill done so—I never saw any on the bills in the office, where there is a line marked or drawn to say which was attested—I never saw these marks on this bill before to-day—I never looked at it, only the night Mr. Watt signed it, and they were not there then—if you look over fifty bills you will tee that Mr. Tyhverly has thought proper to go himself without my knowing I have attested, without seeing the signatures—I can swear which I did see signed.
Q. Do you mean you were in the habit of putting your signature as attesting witness to things you had never seen? A. When the notes were finished—you might see hundreds—I usually put ray name at the corner—that was not one of the reasons of my being dismissed—I do not know why I am dismissed—I am very glad it is a dismissal—I did not know it before.
MR. CLARKSON. Q. You come out of civil custody now, do not you? A. Yes, brought up by the defendant.
(Evidencefor the Defence.)
(An affidavit made by the prosecutor was read, dated the 3rd of Feb., in which he applied for the postponement of the trial until the next Session, in consequence of the witness Potter being a prisoner for debt in Whitecross-street Prison, and stating that he was unable, by reason of his poverty' to apply for a habeas to bring him forward.)
WILLIAM TYHVERLY . I live in Great Russell-street, and am one of the proprietors and treasurer of the St. Pancras Loan Society. I remember Mr. Watt applying for a loan of 30l. about the 12th of Feb. last year—he proposed two sureties, Adams, who is here in Court, and Spriggins—our society meets on Monday and Tuesday evenings—he proposed the sureties through the late secretary, Potte—Potter proposed them in the week—on sureties being proposed, we institute some inquiries into their responsibility—I went with Potter to inquire into the respectibility of these sureties—at the meeting in the following week, Tuesday, the 20th, I remember Mr. Watt coming to ask for the money—Adams was with him—(Spriggins
had signed the note before)—the business was conducted in the office, up stairs, on that occasion—I do not remember who was present when Adams and Watt came in—there were a great number her of persons there, perhaps—I was there—Mr. Watt asked for the money—I said no, we could not advance the money on those securities, that we must have another person—he said he could give me another, and he gave me the name of White—I then said to him, "As you have Mr. Adams here, you and Adams can join on the note; put your names on the note, to prevent Adams coming again;" and it was done—they both signed, and I desired Mr. Kennett to witness their signatures—he was in the office at the time, which he always was—occasionally he was absent—I am quite certain that Mr. Watt, as well as Mr. Adams, signed the note that night—Mr. Kennett was employed in the office—it was the usual course for Potter to witness the signatures—that was departed from, because he was not in the room, I suppose, or being intoxicated, which he often was, or some other thing—I requested Mr. Kennett to witness these signatures, or it would not have been done—I saw him witness them.
COURT. Q. They used, probably, the same inkstand and pen? A. There are two inkstands in the room—in all probability they would use the same pen and inkstand.
MR. BODKIN. Q. Did you notice the defendant do anything more with respect to the signatures than put his name as a witness? A. Yes, he put a cross to those two that he witnessed—I had seen him do that before repeatedly, twenty or thirty times, perhaps; he did others on that same night, one of the name of Johnson—on the following evening, the 21st, I took the note and went with Potter to Mr. White's—we met Mr. Watt at White's—White then put his name to it in Mr. Watt's presence—White had an opportunity of seeing whether Mr. Watt's name was to it or notthe money was advanced to Mr. Watt the same evening that White's signature was procured.
COURT. Q. Then, according to your statement, the arrangement was not perfect, wanting the security upon which you insisted before you ad vanced the money? A. Just so—although Mr. Watt had put his name to it, he had not perfected the note in the shape upon which I insisted before I advanced the money—when I got White's signature I did advance the money.
MR. DOANE. Q. You mean to swear that Mr. White signed that note on the 21st of Feb.? A. I have sworn it; on the 21st of Feb., after Mr. Watt had signed it—he did not sign it the week before; the book will prove that—there are two parties in this loan society, myself and Mr. Kennett, the defendant's brother—we are the St. Pancras Loan Society—I am not aware that I went to Mr. White's before last Christmas; I had no business, that I am aware of, not on this suit alone—I only went that once—I have been since Feb., but not before Christmas—the last time I was at Mr. White's was since our action against Mr. Watt commenced—it was not before Christmas; it was since the action commenced; I have on knowledge of the date—it may be two months ago—I know Mr. White is here—I did not go to him before Christmas; it was after Christmas, I believe—I went to him about the action that I brought against Mr. watt—I asked him if he could prove Mr. Watt's signature for me—he said did not think he could—I asked him to write a letter to Mr. Watt, in order that he might get his signature, and send it to our office—that was at the
time I called on him, since Christmas, I believe—I did not call on Adams or Spriggins, nor give directions that they should be sent to about Mr. Watt's signature, only to White—I swear I have not been to anybody but White before the action was tried, and after it was brought, to endeavour to prove Mr. Watt's signature—the money was paid to Mr. Watt, I believe, on the 21st—I was there—he signed the bill on the Tuesday—I kept the bill after he had signed it—he had nothing to show then, and no money—that is usual—it happens so occasionally that the principal signs without getting the money, and leaves the bill in my hands, having nothing to show, when we want another security—we do so when we know who we are dealing with—I believe 27l. 18s. 11d. was paid to Mr. Watt—that sum was handed over to him at one time—I gave it to Mr. Potter, which I always did—he was to hand it over to Mr. Watt—I gave Potter 27l. 18s. 11d. on Wednesday evening, the 21st—I do not know how many persons were present when Mr. Watt signed the bill—there are generally a great many persons present, sometimes a dozen, and sometimes two or three, as it happens—it is impossible for me to state whether there was a dozen on this occasion—I have no doubt there were some there—I was there, and two or three more persons might be there—I cannot recollect how many there might be in the room.
MR. BODKIN. Q. You said you applied to White with a view to have the signature of Mr. Watt; what was your reason fur that? A., For him not to go on with the action, and without putting him to any expense; merely a friendly call, to advise him not to go to any extra law expenses, which I have often done—I never sued any of the sureties on this note.
COURT. Q. Who was present when you paid the money over to Potter? A. I cannot say—it was done on purpose to oblige Mr. Watt, on the Wednesday evening—perhaps there might be no one there—as long as I handed the money to the secretary that was all I looked to—I cannot say whether I handed it to him in the parlour or the bar-parlour—it was not in the office, because the office is not open, only on Monday and Tuesday nights.
MR. DOANE called
WILLIAM WHITE . I am a carpenter. (Looking at the note)—I see my signature to this note as a surety—I do not remember when I signed it—when I signed it the name of Mr. Watt was not at the top—I am quite certain of it.
MR. CLARKSON. Q. When was your attention first called to that question by anybody, whether Mr. Watt's name was to that bill when you signed it? A. This is the first that I have heard of it—I was subpœnaed here by Mr. Watt.
Q. Is to-day the first time that you were aware that you would be asked whether Mr. Watt's name was on that note when you put yours to it? A. The same as I have been asked to-day, it is—nobody has been out to me during this trial—no message whatever has come out to me outside—nobody has ever spoken to me—up to the time of getting into the box I did not know I was to be asked that question, nothing of this sort—I have not been spoken to by Mr. Watt—until I got into the witness-box I had no I expressed to anybody an answer to the question, whether Mr. Watt had put his name to that document before me—I knew nothing about anything of the kind—I had been asked no question, and had made no observatiun upon it, at any time, until I got into this box.
COURT. Q. Will you swear you signed it before the 21st of Feb.? A. I do not know—I cannot say when I signed it—I can swear that I signed it, but do not know exactly what day I did sign it—I can swear this is my signature—I cannot say whether I put my name to it before the 21st of Feb.
JURY. Q. Was the date to the bill when you signed it? A. I do not recollect.
COURT. Q. Then how came you to recollect whether Mr. Watt's name was there, if you do not recollect whether the bill was dated? A. I recollect there was no name on the bill when I signed it—Mr. Watt's name was not on the bill when I signed it—Adams' name was on it—I signed after that—I did not notice the date of the bill—I merely signed it—Adams' name was there at the time—I do not recollect any other name; yes, Spriggins, I believe, was there—I did not notice—the only thing that I did was to sign my name—I know that Watt's name was not there—I did not make any remark that Watt's name was not there—I looked to see, and I did not see it—I do not recollect seeing it—I did not see it—I do not recollect seeing Adams' name—I do not recollect exactly—I will not swear that Adams, Spriggins, and Watt's names were not all on it before I signed it.
(The defendant received an excellent character.)
NOT GUILTY .
Before Mr. Recorder.
JOSEPH BENTON (police-constable K 381.) I found the prisoner at a beer-shop on the 24th of Jan. in consequence of information from Mr. Renwick—I said, "Saville, I have heard that you have stolen a truss of hay?"—he said, "Yes, I have," and he took me to the place where he had put it, which was a brewhouse yard close to Mr. Winmill's—he said, "If I give back Mr. Winmill the hay, will he forgive me?"—I took him to the station.
WILLIAM HILL WINMILL I had some trusses of hay and straw on my premises at Stratford—my man missed a truss—I was not at home—Benton brought me a truss, which I have every reason to believe is the same as I had on my premises, as far as the tying and shape.
GUILTY. Aged 17.—Recommended to mercy.— Confined Seven Days.
Before Mr. Justice Cresswell.
539. CHARLES BROCKWELL and JAMES MACEY were indicted for burglariously breaking and entering the dwelling-house of John presland, about one in the night of the 9th of Jan., at West Ham, with intent to steal, and stealing therein, 1 coat, value 15s., the goods of William Beck Presland: 1 coat, 2l. 10s.; 1 pair of sugar-tongs, 12s.; 19 spoons, 8l. 12s.; 24 pairs of boots, 8l.; 1 pair of ear-rings, 5s.; 1 tooth-pick, 2s.; 2 pencil-cases, 1s.; 1 table-cloth, 5s.; 1 pair of spectacles, 5s.; 1 scarf, 3s.; 12 sovereigns, 6 half-sovereigns, 20 half-crowns, 90 shillings, 60 sixpences, 30 groats; 1 10s. bank-note; and 1 order for the payment of 4l. 16s.; the property of the said John Presland
MR. BALLANTINE conducted the Prosecution,
MARY ANN PRESLAND . I am the wife of John Presland, and keep a shoemaker's shop at Stratford, in the parish of West Ham; My husband is very is, and has been so for some time. On Friday morning, the 10th of Jan., I was called down stairs by my son a little after seven o'clock in the morning—I found the show-room door open—the staple had been wrenched off—the door of the show-room opens into the passage, another door opens into the shop, and another into the sitting-room—a bureau that was standing in the show-room was broken open, and from it I missed from 10l. to 15l. in gold, more than 6l. worth of silver, and 3l. worth of copper, a 10l. Bank of England note, and a check on Smith and Co. for 4l. 17s.—I also missed a great coat of my husband's, and a great coat of my son's—I went to the next room and found all the cupboards open—they were without locks—from them I missed nineteen silver spoons and a table-cloth—an old pair of spectacles, which laid on the table when I went to bed, were also gone, and many little things—on returning into the show-room I missed from twenty to thirty pairs of ladies' boots from ft glass-case—there was a pair of old kid gloves in my husband's coat pocket—I had put them in myself—I went to the back of the premises and found the parties had got in by boring a large hole with a centre-bit in the back door leading into the yard, big enough for my son to get through—the yard is surrounded by a paling—after getting in at the back door, they would be enabled to reach the other part of the premises, but not without wrenching the staple off—they could get into the other room because the key was in the door—I and my son saw the house safe over night at nearly eleven o'clock—the back door was then safe with two bolts and a chain, and there was no hole.
Cross-examined by MR. CLARKSON. Q. Is the house occupied entirely by yourself? A. Yes, by my husband and my own family—I have no servant, except a shopman, who comes at seven o'clock in the morning.
WILLAM BECK PRESLAND . I am the son of last witness. I came down on Friday morning a little before seven o'clock, and from what I saw I called my mother—the day before I had taken a quantity of copper from the postman, and I noticed one penny-piece among it particularly—I cannot say exactly that I pointed it out to my mother—I said something to her—I cannot say whether she looked at it—I made a remark to her about it.
MICHAEL CASEY . I am a policeman at Stratford, (K 378.) I received information of this robbery on the morning of the 10th of Jan., and went towards the Whitechapel-road to look after the persons I supposed had committed it—when I got to near the London-hospital I saw two men from Stratford—I knew they were persons that came from Stratford—I had seen them at Stratford the day before—in fact I see them almost every day'—they separated, one came towards Whitechapel, and the other went down Eastmount-terrace—they were not the prisoners—about twelve o'clock hat day I saw the prisoners at the back of the London-hospital, opposite the British Oak—I knew them before—they did live in Stratford—Macey
lives there still, but Brockwell had lately removed to Bromley—he did live at Stratford for years—a man and a woman was with them—they did not see me till I just came up and laid my hand on Brockwell—he asked me what I wanted with him—I asked what he had about him—he hesitated for a time—I put my hand into his breast and found he was loaded with copper—I took him into custody, took him to the station, searched himand found 5s. 4 1/4d. in coppers in his breast pocket, and 2l. 14s. in silver, a pair of black kid gloves, a pocket-handkerchief, and a knife—I have shown one of the coppers that I found on him to the prosecutrix—this is it—Benton was with me, and he took Macey into custody—when I first saw them there were four men and a woman together, and I saw Brockwell hands paper to the female, with which she directly went off—they were all together.
JOSEPH BENTON (police-constable K 381.) I was with Casey on the morning of the 10th, and took Macey into custody—I searched him at the station, and found on him 2l. in silver, 6 1/2d. in copper, and a half-hand-kerchief—when I went up to him I said I wanted him—he said, "What for?"—I told him on suspicion of breaking into Mrs. Presland's house on the night before—he said he knew nothing about it—he struggled, and tried to get away from me.
Cross-examined by MR. PRENDERGAST. Q. He did not struggle much? A. He struggled a good deal—he would have got away if he could, but I would not let him—he then went quietly.
MRS. PRESLAND re-examined. My son can identify the penny-piece better than I can—I am perfectly aware that it was among my copper—I count up my copper 1s. worth at a time, and I saw it was a defective one—I noticed it, and put it into the bureau along with other copper—I only showed it to my son—he noticed it to me first—I am quite certain it is the same penny he noticed to me the day before the robbery—these are a very old shabby pair of gloves—I believe them to be my husband's—they are what I put into his great coat pocket—here are the initials in my own handwriting inside them both—this half-handkerchief is not mine—I know nothing of it.
Cross-examined by MR. CLARKSON. Q. I suppose you marked these gloves after you saw them in the hands of the officer? A. No, this is not the first time I have said there was writing in the gloves—I have said so several times since the prisoners were committed—it is my handwriting—I cannot tell when I put them there—they have been in my husband's pocket for years—I saw them about a week before the robbery—(the witness was directed to write her initials)—I have been paralysed—my hand shakes, and I cannot write with accuracy—both the gloves are written upon.
W. B. PRESLAND re-examined. This is the penny that I showed to my mother—I know it by these two pieces being cut off the edge—those marks were there when the postman gave it to me.
BROCKWELL— GUILTY . Aged 32.— Transported for Fifteen Years.
MACEY— NOT GUILTY .
Before Mr. Justice Cresswell.
540. PATRICK READY was indicted for feloniously breaking and entering the dwelling-house of William Washbourne Miles, on the 5th ofJan., at West-Ham, and stealing therein 3 shawls, value 2l. 14s.; 1 basin, 3s.; 1 gown, 1l.; 2 waistcoats, 1l. 4s.; 1 pair of trowsers, 12s.; 1 handkerchief, 3s.; and 1 brooch, 2s.; his goods.
WILLIAM WASHBOURNE MILES . I live in High-street, Stratford, in the parish of West-Ham. On the 5th of Jan. I went to church, at ten minutes after six o'clock in the evening, with my wife, leaving nobody in my house—the door was double-locked—my wife was called out of church—I went home myself at five minutes after eight, and found two policemen and my wife in the house—I missed two waistcoats, a pair of trowsers, and a silk dress that evening, and on Tuesday, two shawls—the value of the whole is about 6l.—it was all my property, except one shawl, which belonged to a friend.
JOSEPH BENTON (policeman.) I was on duty in High-street, Stratford, on the 5th of Jan., about seven o'clock, and found Mr. Miles's door, wide open—I knocked for some time—nobody came—my sergeant came up—I left him in care of the house, then went to the church, and fetched Mrs. Miles home—we went inside, and found the things all turned over—somebody had entered the door with a skeleton key—no force had been used to it, but both bolts were out—all the drawers were turned out—the till turned out, and things in the back-room.
WILLIAM SMITH (policeman.) On the 5th of Jan. I was on duty in plain clothes, in Whitechapel-road—I saw the prisoner about eight o'clock that evening, coming from Stratford towards town, with a small bundle under his arm, in a white apron, it contained two shawls—I stopped him, touched the bundle, and asked what he had there, at least six times before he answered—he then said, "These two shawls"—I asked where he got them—he said, from his sister—I asked where she lived three times—he then said, "Up the road"—he was standing in a four-cross road, and did not point any way—I took him to the station, and found a pair of black trowsers wrapped up and put in the waistband of his own—I also found two black waistcoats on him, and two skeleton keys—the sergeant said to him, "I am afraid there have been others implicated in this, my man"—he said, "Where I have been, I have been by myself"—he said, on the way to the station, that he could not help it this time—he said at the station, that he found the shawls—I tried the keys to the prosecutor's door—they fitted it, but we could not open the door with them.
MICHAEL CASEY (policeman.) I was on duty at Stratford on the 5th of Jan., between five and six o'clock—I know the prisoner by sight—I saw him between half-past five and a quarter to six, at Stratford, about 100 yards from the prosecutor's house, or rather more, and going towards it—he was alone.
MR. MILES re-examined. This waistcoat had sleeves to it, which were cut off about three months ago, and I have them here—this other waistcoat is made in a peculiar way—I am positive of it—this shawl is Mrs. Miles's—I know it well—it has been washed two or three times—these" black trowsers I have worn twelve or fourteen times—the silk dress has not been found—I include that in the value of 6l.
Prisoner's Defence. I was walking along, and picked them up—I did not know what was in the bundle—they were tied up in the apron.
GUILTY . Aged 40.— Transported for Ten Years.
Before Mr. Common Sergeant.
LEWIS FLOCK . I am a clothier. I was at the George at Stratford, on the 26th of Jan., and missed my watch from my person—it was made known to the landlord, he shut the door and sent for a policeman—it was found down the prisoner's stocking—this is it.
Prisoner. I was in the public-house, and he asked me to see to him, as he was drunk—he gave me the watch to take care of till he got home—I put it into my pocket, and it slipped down the lining of my trowsers.
Prisoner. I was so confused that I did not know what to do; there was a lot there who would have knocked me down and taken the watch from me, as soon as they would from him.
(The prisoner received a good character,)
GUILTY . Aged 21.— Confined Three Months.
ROSETTA SARAH PRIEST . I am the wife of William Priest—the prisoner was in his service—on the 25th of Nov. I gave the prisoner a sovereign to get half a bushel of flour, which came to 4s., and to bring me the change—he went away, and did not come back.
Prisoner. I had to go on an errand for another person; I lost the halfpence and silver that I had; I came back, and could not find it.
JOHN ANDERSON . I am governor of Ilford-gaol—I produce a certificate of the prisoner's former conviction, which I had at Mr. Clark's office—(read—Convicted 5th Feb., 7th Vict., of larceny, having been before convicted)—the prisoner is the person—I have had him in custody six times.
GUILTY . Aged 20.— Transported for Seven Years.
Before Mr. Recorder.
GUILTY . Aged 28.— Confined Six Months.
Before Edward Bullock, Esq.
WILLIAM WHITNEY . I am in the service of Robert Kemp, he is a jobber, and lives at Barking. On the 4th of Feb. I was going borne with a load of dung—I stopped at the Rising Sun, at East Ham, between six and seven o'clock in the evening, and had a pint of beer—when I came
out, I saw the prisoner getting off my cart—I asked him what he had been doing—he said he had not been on the cart—I said he had—I missed my dung-fork from the top of the cart—the prisoner was driving another cart—I went on, and met a policeman—I told him, and the prisoner came up in about ten minutes, and we stopped him—I saw my fork slip down from his cart, and I took it out of his hand—this is it—it is my master's.
Prisoner. Q. Did you see this come out of my cart? A. Yes, your boy put it out of your cart, and I saw you lay hold of it—you were laying it on the grouud.
GEORGE CORBY (police-constable K 100.) I was on duty and met Whitney—he gave me information—I waited on the road, and the prisoner came up with his cart—I desired him to draw aside the road, and stop his horse—I heard Whitney call out, as he was in a stooping position, "Policeman, here is my fork"—he handed it to me—this is it.
JURY. Q. Was he driving with a whip in his hand? A. I did not notice that—he was walking beside the horse—there were three carts together.
Prisoner. The fork was on the ground under the cart; he accused me of stealing a fork; I went back, and it laid under the cart.
NOT GUILTY .
NOT GUILTY .
Before Mr. Justice Cresswell.
MR. PAYNE conducted the Prosecution.
CHARLES JOSEPH CARTAR, ESQ . I am one of the Coroners for the county of Kent—I held an inquest on the deceased—this statement, made by the prisoner, was taken by me, from his own lips—it was read over to him, and his mark affixed to it—I had cautioned him that he was not bound to make any statement unless he pleased.
Cross-examined by MR. BODKIN. Q. I believe he came voluntarily before you, and expressed his desire to state what he knew? A. He did. (read)—"George Cockett, having been duly cautioned, made the following voluntary statement, 'I had a gentleman from the railway at Greenwich to St. Germain's-place, on Monday night, at half-past nine o'clock, from the terminus; at nearly ten o'clock, by Mr. Greenlaw's clock, I set the gentleman down; I returned to the main road again where I came for some distance, and then saw a wagon before me, I suppose about fifty or sixty, or it might be 100 yards before me; when I overtook the wagon, I hallooed as loud as I could; I could make no person hear; the leading
horses were on the right hand side of the road; the wagon was in the middle of it; by my finding I could not pet by on the right side, and there being plenty of room on the left side of it, I went that side; as I was in the act of passing on the near side, the horses set into a gallop, and put my near wheel on to the bank; I saw no person there besides myself; I continued on until I came to the turning to the left, and I then struck my horse, and got clear of the wagon; it passed on; I turned my horse round again, overtook the horses, and hallooed out, "Whoa!" and they stopped; directly the horses stopped I got from the fly into the middle of the road; there I remained some minutes, until I saw a gentleman coming up on the right side towards the Green Man; I said, "Did you meet a carman driving these horses?" he replied, "No;" I told the gentleman the narrow escape I had had; he said, "Stand by the horses until I gets a policeman;" the gentleman was gone some minutes; a policeman came down with the gentleman; the policeman got up, and looked into the wagon; he said, "There is no one here;" he asked if my fly was injured; I said, "No, I believe not;" he said he should take the horses to the green yard; I got on my fly soon afterwards, and came home; that is all I have to say; that is the truth, I declare most solemnly."
CHARLES KINGMAN . I am a porter, and live at Greenwich. On Monday evening, the 13th of Jan., I was near Blackheath-terrace, on the high-road, walking on the footpath, from Shooter's-hill to Greenwich, on the right hand side of the road—I was in the direct road that leads across the heath to the Green Man—I saw a wagon with three horses going in the same direction as myself, at a regular pace, walking—I saw the deceased standing on the left hand shaft—I could not see that he had any reinsthere was a glimmering moonlight—the wagon was about the centre of the road, which is sufficiently wide for three carriages to go along easily—I observed the leading horses bearing to the right hand or off side of the road—at that time I saw a fly coming along, and it took the near side of the wagon—I was about five yards off the fly, abreast of the off hind wheel of the wagon—there was sufficient room for the fly to have passed on the off side of the wagon—the fly was going at a gentle trot, at the pace I have generally observed a fly go—I did not hear the driver call out before he went on the near side of the wagon—I was near enough to hear, and if he had called out very loud I must have heard him—the wagon continued going on—I heard the carman call out, and saw the horses turn towards the near side—at that time the wagon was between me and the fly, and I did not see what occurred—the wagon still went on—I lost sight of the fly—I could not tell whether the wagon went at the same pace as before, or whether the horses walked or went on faster—it was a covered wagon, which would hide the fly from me—I continued on my road, the wagon and fly being both ahead of me—when I got about sixty yards further I perceived something lying on the near side of the road—I went across, and found the deceased lying, with his face buried in the loose gravel stones—he had his carman's whip in his right hand—I stood by his side for a quarter of an hour—I could not get him to speak—at the end of that time I said, "Do you think you can rise if I assist you?"—he said, "Yes"—at the time I found him lying there I had lost sight of the wagon and fly—I asked him if he had been knocked down—he said, "Yes"—I said, "By a fly?"—he said, "Yes; where are my horses?"—I said, "It is Pearce's wagon, is it not?"—he said, "No; Davis's;" and that was the last word
he said—he said nothing about the wagon doing anything to him—I found his hat about a yard before him—I went across the road for a surgeon, but he was not at home—I returned, and continued with the man till he was put into a fly—I was not with him when he died.
Cross-examined. Q. It was rather a dark night, was it not? A. It was dark—the wagon had a tilt all over it, so as entirely to conceal the person driving it after he passed me—he was standing on his feet on the shaft—there were three horses in a line in the wagon—I did not notice whether the wagon was empty—the two leading horses were swerving to wards the side on which I was—I did not notice the fly before it came up to the wagon—it was on the side of the wagon furthest from me—I cannot swear the driver did not call out when he got to the side of the wagon—I have no doubt it was in consequence of the fly coming up that the wagoner called to his horses to come to the left side—he might have heard the fly, but could not perceive it—it had not got abreast of the wagon before he called to his horses—he had called out before I saw the fly take to the near side of the wagon—I should say the fly was behind the wagon, about taking to the near side of it, when the man called to his horses.
COURT. Q. Had you been walking far by the side of the wagon, or did you overtake it? A. It overtook me—the horses were walking faster than me—I did not perceive whether they changed their pace—when the wagoner called to his horses he did not crack his whip to them—I could not perceive what he said to them.
JOHN MARTIN (police-constable R 219.) On the night of 13th of Jan. I was on Blackheath-terrace, and met the wagon at the further end of Blackheath-terrace, on the Sbooter's-hill end—the driver was then walking on the near side of his horses, about the middle of them, and the wagon was on the near side of the road—I met a fly about 300 yards from the wagon, coining towards Greenwich at a common trot—I went to the end of my beat, and came back in about half an hour—Kingman called to me—I saw the deceased by the road-side, and assisted in lifting him on the path—shortly after, he said he had been knocked off the shaft by a fly passing on the near side of his wagon—he said he was riding on the shaft, and without reins—I asked him to show me where he was hurt—he said he was not hurt at all—I asked him if the wheels went over him—he said his wagon wheels went over him—I stopped a fly, put him in, and got in wilh him—in coming along, between Blackheath church and the station-house, he pitched forward into my arms, and I believe at that moment died—I took him to the station-house, and then to his own home—he lived in New-street, New-town, Deptford—I returned to the spot, and found some blood on the road, and marks of what appeared a fly-wheel on the footpath for about fifteen yards—it is 165 yards from the last gaslamp by Blackheath-terrace to where I found the deceased—I measured it.
Cross-examined. Q. Was that from the spot where Kingham pointed out to you as where he saw the fly come up? A. Very close—I knew the deceased.
NOT GUILTY .
Before Mr. Recorder.
547. CALEB MORRIS was indicted for stealing, on the 3rd of April, 1 purse, value 1s.; and 2 5l. notes; the property of George Rogers: and CHARLES KRECKLER for feloniously receiving one of the said notes, well knowing it to have been stolen.
MR. RYLAND conducted the Prosecution.
GEORGE ROGERS . I am an ironmonger, and live at Hitchin, in Hertfordshire—on the 3rd of April, last year, I was at Greenwich, and in the afternoon was in Circus-street, which is very near the railway-station—I had my purse safe before I took the train at the station—I came to London and returned to Greenwich about eight o'clock—I missed my purse at the London-end of the station—I know it was safe at three o'clock in the afternoon, when I left London for Greenwich first—I took a return-ticket—I took my purse then to pay my fare, and thought I put it back again—I returned from Greenwich between four and five o'clock—I did not require to go down to Greenwich again till eight o'clock, and when I was about to leave London then to return to Greenwich I missed ray purse—where I lost it I do not know—it was a brown silk netted purse, with steel beads and steel tassels—there were two 5l. notes in it—the steel beads were introduced into the body of the purse—it was a present—I had not the numbers of the notes at the time—I made known my loss by writing the particulars on papers, which I put one at the London, and another at the Greenwich end of the station—I did not offer a definite reward—I afterwards advertised it in the Times newspaper—I do not know the numbers of the notes from memory, but from the newspaper—I advertised them by their numbers, which I knew then—I had received them at Prescott's bank on the 1st of April, and got the numbers there.
Cross-examined by MR. PRENDERGAST. Q. You have no doubt that you lost the purse between St. George's church in the Borough and the railway station? A. Between St. George's church and Circus-street, including the passage by the railway—I advertised it as supposed to be lost between St. George's church and the Greenwich station—I believe I lost it between the church and Circus-street, Greenwich, because I went to Circus-street—I did not take it out in Circus-street—I put my purse into one of my pockets, I do not know which—I have no particular pocket to keep it in—I sometimes put it into my coat pocket, sometimes into my waistcoat, and sometimes into my trowsers' pocket—I think I put it into one pocket—I do not think I put it into the same pocket with my handkerchief; I am not sure—I missed it when I was going to pay my fare to return to Greenwich—I am not aware that I did anything to any of my pockets in Circus-street—I never saw the purse there—I have no recollection of seeing the witness Stevens there, or of stopping in the street to do anything, nor of seeing anybody in the street—I called at a house in' Circus-street, and then went straight to the railway—I do not think my purse was put into the same pocket with my handkerchief—I found a hole in my side pocket—I do not know whether my purse was in that pocket or not—I did not know I had a hole there then—I had had the coat, probably, twelve months—the hole was quite big enough for the purse to fell out—it is not at all improbable that I might put it into that pocket.
GEORGE STEVENS . In April last I lived with the prisoner Morris, as his apprentice, and had been so about a year and nine months. About half-past four o'clock in the afternoon of the 3rd of April, I was in Circus-street, and found a purse there, just opposite the bottom of Friar-street, lying in the path—it was a brown silk-beaded purse, with steel rings and
tassels—I picked it up, and put it into my pocket without opening it, and went home—my master was in the shop when I went in, and my mistress too—I told my master what I had found, and showed it to him—I said, "Look here what I have picked up," showing him the purse—he took it out of my hand, and said, "Let us see what it is"—he opened it, and I saw him take out two pieces of paper—I know a bank-note when I see it—he told me they were two 5l. notes—I told him, if there were two 5l. notes, I should keep them, and see if there was any reward—he said, "No, they belong to me"—I said they were mine, and I should keep them—he told me no, I should not keep them—afterwards he took them and went down stairs to his wife—I followed him down—he said to her, "Look here what Robert has found"—she said, "What is it?"—he said, "Two 5l. notes"—he then told me to go down and see if his brother-inlaw, Charles Kreckler, was at home—I went, but did not find him at home—I came back and told him so—he then put on his clothes, and said he should go to London, and see if he could change them—he went out about six, and came back about half-past eight—he told me he had changed one of the notes for a pair of trowsers, which he gave 1l. 5s. for; that he bought them of a Jew, who stood outside and said, "Master, what will you buy?"—he said he did not try the trowsers on, but he could see they were a great deal too large for him—he put the notes into a pocket-book—when he came back he took that pocket-book out of his pocket, chucked it up into the window, and told me not to touch it, for that contained the other 5l. note—he said the Jew, where he bought the trowsers, asked him his name, and he said, "Wallis, of Deptford"—he said he took the trowsers afterwards, and pawned them for 7s., and that he tore up the ticket and threw it away—after he chucked the'pocket-book into the window, he went out, saying he should go to Kreckler's; and while he was gone I took the pocket-book and looked at it, and there was the 5l. note in it—I put it in, and chucked it up there again—when he came back, his wife told me, in his hearing, that they had been to Krecklers, and they had burnt the purse in the fire, and that I must go down to Kreckler's house in the morning to see if I could find the rings and the tassels—I did not go—Kreckler came to my master's house about ten o'clock next morning—I saw my master take the pocket-book from the window, and give it to him—he put it into his pocket, and went away—he came back about six, or half-past, in the evening—he saw my master and mistress together, and told them he had changed the note for a piece of cloth to make himself a pair of trowsers—I saw my master and Kreckler together two or three days after that, and heard Kreckler say the notes were advertised, and they must mind and say nothing about it, or else it would be found out—he said it did not say anything about a particular reward, but that they should be handsomely rewarded—my master told me, if I would say nothing about it, he would give me 2l.—I did not say anything about it—he gave me 17s. afterwards, at odd times, and I bought a hat at Mr. Player's, in London-street, Greenwich, and a pair of kid gloves and a pair of braces at Mr. Merritt's—the night Kreckler came he had a carpet bag, which he gave me to take down to his brother Frederick—I took it, and gave it him in the shop—I saw no use made of it afterwards.
Cross-examined. Q. Was it not Morris that gave you the carpet bag? A. No, Kreckler—I am a stranger in town—I have no relations at Greenwich—I
have a cousin in the police—he came to Greenwich about six or seven months since.
Q. Did that cousin take you before a Magistrate? A. My master wanted me to run away, as he had nothing for me to do, and my cousin would not let me—I told him about that, and he went and told the Magistrate—my master was getting very poor, and had been getting so just after Christmas—there was very little for me, or himself or wife to eat—I did not grumble about that—I asked him to let me go home—he said if I went home I was to run away, because he would not take me back again—I wanted to go to see my friends—he said if I went I must run away, for he would not let me go—my friends live in Hampshire—I complained before the Magistrate that my master would not give me any work to do—he had no work for himself, nor me either—I told the Magistrate that my master owed me 23s.—that was the rest of the 2l.—I had not received my share—I did not tell the Magistrate that—I said he owed me 23s., and I explained to the Magistrate how the 2l. was due—I never asked him for the rest of the 2l.—when I wanted 1s. I used to ask for it—I got 17s. altogether, and 7s. he owes me besides, which he borrowed of me—the lodgers had given it to me—I had saved it up—he has paid me that—I did not demand more than was due—I kept no book—I kept it in ray head—he gave me 6d. on Thursday night, and 9s. 6d. next morning.
Q. When did these sixpences and shillings begin to fall off? A. When I asked him for it, he said he had not got it, and I dare say he had not—I only wanted it when I was going out any where—my mistress told me to go and look for the rings and tassels, but I did not—I asked nothing further ahout it—I told some friends in Smithfield about this, about the 20th of Sept.—I did not tell anybody earlier than that—they keep the wagon-office in Smithfield—I told them about the notes—I told nobody else before that—I know some people at Greenwich, since I have been there, which is about two years—my master does not live five minutes walk from the railway—as soon as I found the purse I took it home—I walked as fast as I could, as I always did—I put the purse into my right-hand breeches pocket, and said not a word to anybody about it—I did not run, or walk faster on account of that—I did not look round for the owner—I took it up it in my hand, and stepped on, the same as if I had not stopped at all—I did not see anybody else close by—I did not look.
COURT. Q. You had 6d. on Thursday, and 9s. 6d. next morning, when did you receive the other 7s.? A. I received it 6d. and 1s. at a time.
JAMES EDWARD TILLIMAN . I am a tailor, and live in Aldgate—I remember the 3rd of April, I sold two pairs of trowsersthat evening—I was paid for one pair with a 5l. note—I asked the name and address of the person who paid it to me—he gave it me, and I put it on the back of the note—I have since seen a note at the Bank, but there was a hole cut out of it, so that I could not swear to it—part of the name and address is cut out—I do not recollect the name and address he gave me—(looking at a note)—I think this is my signing—some of it is cut out—I believe it is my handwriting—I cannot say it is the note the man paid me on the 3rd of April, for the pair of trowsers—I recollect taking the note in my shop, and I believe this is my handwriting—I cannot say whether I wrote on any other 5l. note that day—I should say not—I should say it is the note—I find the name of "Charles" here—no date—I do not know
whether Charles was one of the names the man gave me—it it so long ago—he said, "Deptford," but that is cut out—there is only "Charles" here.
COURT. Q. Do you see some handwriting towards the bottom of the circle, do you know the handwriting? A. It is a sort of running hand—I generally write that hand—"R. D.," or something—I should say that is my writing—I have no doubt of it—I generally write the party's name and address—I might have written "Deptford"—I think it very likely I did—this is my handwriting, without a doubt—I do not recollect the rest of the address particularly—the man came into my shop, and asked for trowsers—I took them down, and said, "Will you try them on?"—he said, "No"—I said, "If they don't fit you, I will make you a fresh pair"—I have not the least recollection now of the address he gave me.
Cross-examined. Q. How long after this was your recollection called to it? A. I am sure I do not know—five or six months back—all I can say is, this appears to be the address of somebody in my handwriting—I should say this note has been in my hands—I either received it on the 3rd or 4th of April—I know that by my cash-book—it is not here—I know nothing of the parties.
COURT. Q. Have you refreshed your memory from the cash-book? A. Yes—I am not able to say whether this is the note that was given for the trowsers—the entry that I put was, "Cash, so much, per trowsers"—I did not put down that I received a note for the trowsers—at the time the prosecutor called on me I recollected that I received a 5l. note for a pair of trowsers on the 3rd of April—I think this is the remainder of the word "Deptford"—"Charles" was the Christian name I put on the note—I sold another pair of trowsers that day for 1l. 12s.—I cannot tell for which I received the 5l. note.
MR. LAMING. I am clerk to Grote and Company. I paid these two 5l. notes on the 1st of April—I should not know the person—I see by my book that I did pay them away on the 1st of April, in exchange for a check drawn by Higgs and George—that entry enables me to recollect the fact—it is in my handwriting—I have debited their account with the amount of that check—I have the book here—the amount of the check was 11l. 13s. 4d.—I gave the difference in cash.
Cross-examined. Q. You believe that from the numbers? A. No, I am not in the habit of taking the numbers.
MR. RYLAND. Q. Do you know the clerk who paid you? A. Yes, that is the gentleman—I knew him before.
CHARLES JOSEPH JACOBS . I am cashier in the employ of Mr. Humphleby, a woollen-draper, on Holborn-hill. I remember on the 4th of April receiving a 5l. note—I do not know the person—he wrote a name on the note himself—(looking at one of the 5l. notes)—here is "William Sepple, union-street, Deptford," on it, which, I believe, he wrote—I do not recollect what I sold him—I made no entry of it—I saw him being served, but did not notice what he bought—I do not recollect what change I gave him.
Cross-examined. Q. There is none of your writing upon the note? A. None at all—I recollect Mr. Rogers coming to me ten days afterwards, and taking me to the Bank, and I recollected taking a note of this sort.
MR. RYLAND. Q. The man, in your presence, wrote his address on it? A. Yes, he wrote "Union-street, Deptford"—I believe this to be the note.
MR. PRENDERGAST. Q. You believe that to be the address he wrote because you find that on the note? A. Yes—I have a recollection of the address without looking at the note, from the circumstance of Mr. Rogers coming to me, and asking if I recollected taking such a note with such an address on it ten days previously—I then recollected the address.
JOSEPH PRIOR . I am in the service of the Greenwich Railway Company. I remember, about Easter, seeing a written placard at the London terminus—it was posted on the wall of the railway—any one could see it—to the best of my recollection, it stated that a purse had been lost containing two 5l. Bank-notes, but as to the numbers, or anything, I have no recollection—it was in large letters, and very legible.
Cross-examined. Q. How long was it there? A. About a month or six weeks.
WILLIAM ROACH . I am a tailor, and live in Collier-street, Deptford. I know Kreckler—in April or May last I was at his brother's house, and taw his brother and him—his brother showed me something when he was by himself—I saw a piece of blue cloth or kerseymere at the prisoner Kreckler's house—I think it had a coloured list on it—the prisoner never said anything to me about that cloth—it was his brother Frederick—(looking at his deposition)—this is my signature—the word "Frederick" or "brother" is not here—it was the brother showed it to me, and not in the prisoner's presence—nobody was there but him and me.
EDWARD PLAYER . I am a hatter, and live in London-street, Greenwich. I have seen Stevens—I believe I sold a hat to him last Good Friday, but I cannot say he is the same person—I have seen him before, and know his face—I believe he came to my shop last Good Friday—I have no doubt of it—he bought a hat—I believe it was the 5th of April.
Cross-examined. Q. Do you know Kreckler? A. Yes, I have known him about fifteen years—he bore a very good character—I never knew a charge against him in my life.
BENJAMIN LOVELL (police-sergeant R 15.) On the 10th of Jan., in consequence of information, I apprehended both the prisoners—I took Morris first, at his own house at Greenwich—I told him he must go to the station, with respect to those two 5l. notes, for I had got information he was going to abscond—he said he was not—he had been before the Magis-trate at that time, and was out on bail, but not on this charge, but for not teaching the boy his trade—he was out on his own bail to appear for that—I afterwards apprehended Kreckler in Bland-street, Dover-row, where he lives—I told him he must go with me to the station respecting those 5l. notes—he said he thought it was all dropped—he said, "Then I suppose I am to consider myself in custody"—I said, "Yes," and took him to Greenwich.
Cross-examined. Q. When was this? A. On the 10th of Jan.—I found Morris at his own house at tea—it did not appear like absconding.
the two notes—they were paid into the Bank of England on the 8th of April last.
JONATHAN BRIERSON . I am clerk at Messrs. Hankey's. This Bank note, No. 42674, has my writing at the back of it—I received it from Mr. Tillman on the evening of the 4th of April—I have my book here—it is my own entry, "Money, 10l. 10s., three notes 20l., in the name of Tillraan"—that payment included this 5l. note—it was to take up a bill of exchange in the name of Tillman.
GEORGE STEVENS re-examined. When I carried the purse to my master I had not examined it—it was not till my master said what they were that I claimed to hold them against a reward should be offered—I intended to hold them in case a reward should be offered, and to restore them to the true owner—I had no intention of appropriating them to my own ose beyond getting the reward—I intended to keep them, to see if they were advertised, on purpose to get the reward.
(The prisoners received good characters.)
MORRIS— GUILTY.—Recommended to mercy by the Jury.
Confined Three Months.
KRECKLER— NOT GUILTY .
Before Edward Bullock, Esq.
GUILTY . Aged 20.— Confined Six Months.
Before Mr. Common Sergeant.
GUILTY . Aged 55.— Confined One Year.
DAVID HOLDEN . I am a broker, and live in Hog-lane, Greenwich. On the 18th of Jan. I saw the prisoner with a candlestick belonging to me—I did not say anything to her, but went home and asked my boy about it—I then missed the candlestick, the fire-shovel, and the plates—I sent my boy after her—this is my candlestick and fire-shovel.
come out of the prosecutor's house with the shovel and the platesI did not see the candlestick.
Prisoner's Defence. I met a woman coming up against me; she asked me to hold these things while she went up to Mr. Buck's for a piece of pork; I stood at the door where she gave me the things, and as she stopped I walked carelessly up the street; when the boy came to me he said, "Mistress, that is not yours;" I said, "Is it yours?" I thought he was the woman's child; I walked back after him, and said to the prosecutor "If these are yours take them; and if you will come after me to Mr. Back's I will show you the person I had them of;" he would not.
JURY to DAVID HOLDEN. Q. Did she ask you to go and see the person who gave them to her? A. No, she did not.
JOHN BUCKMASTER (police-constable R 42.) I produce a certificate of the prisoner's former conviction, which I got from Maidstone—(read—"Convicted on the 29th of June, 6th Vict., and imprisoned two months")—the prisoner is the person—she has been tried here twice and acquitted.
GUILTY . Aged 32.— Transported for Seven Years.
SARAH STACEY DUNSFORD . I am the wife of Western Wood Dunsford; he is in the 45th Regiment, which is at Gibraltar. I live at Deptford—the prisoner is my brother—he lodged with us, but used to go away for a month or two months together—when he came home, my mother used to clothe him, and soon after he would rob us—I had a pair of gloves and a handkerchief safe on the 26th of Dec.—I missed them on the 3rd of Jan.—this is the handkerchief—the gloves have not been found—my husband has been away two years—I have one child, which is a year and ten months old—I have had no quarrel with the prisoner—I went down to a party the evening that he robbed me—I live with my mother who is independent—she knows of this prosecution but she is not here—my father was a publican, and lived in Stone-street, Borough-market—I was but four years old when he died—my mother was not in business long after he did—his property was more than 1,000l., I believe, and when my motherdies it will be divided amongst us—there are five of us.
Prisoner. The handkerchief was on the drawers.
SARAH STACEY DUNSFORD re-examined. It is my mother's handkerchief, but I had it in my possession that night—my mother has been in that state of mind that she has not been able to take care of the property or the money—I have had the whole care of it for five months—my brother is a bad youth—we cannot trust him further than we can see him—my mother's name is Sarah Clamp—she is sixty-five years old, and has not been of sound mind of late—we have had a nurse for her.
NOT GUILTY .
was there till six o'clock—I then went to a party at Greenwich, and left my purse on the mantel-piece—my mother made sure I had got my money with me—when I came home, my purse was not gone, bat a sovereign and a shilling had been taken out of it—when my brother came home on the Wednesday, I said, "Charles, what have you done with the money?"—he said "I have spent it, and I will do it again; I am only sorry I did not take it all."
Prisoner. It was my mother's money, not yours. Witness. It was mine.
JURY. Q. Is your mother's property in houses? A. No, only money—I believe my eldest brother manages the greater part of it—I do not know whether there are any trustees—I have so much allowed me by my husband, and have always lived with my mother ever since I have been born—she receives her dividend every six months.
JOHN BOOTH (police-constable R 21.) I met the prisoner, and told him I should take him for stealing a pair of gloves, a handkerchief, a sovereign, and a shilling—he said he had spent the money and bad a spree, and the handkerchief he pledged.
NOT GUILTY .
Before Mr. Recorder.
CHARLES JARVIS JAMES . I live in Portland-place, New Kent-road. On the 16th of Jan., between three and four o'clock in the afternoon, I missed a shawl from my coat-pocket—I was then at Elthara, where there was a steeple-chase—there was a crowd of people throwing at oranges, and boys scrambling after them—this is my shawl.
JOHN CARPENTER (police-constable R 84.) I was at Eltham, and I saw the prisoner in the crowd, trying several gentlemen's pockets—he then went to another gentleman, and took a handkerchief half-way out of his pocket, then went to the prosecutor, took this shawl from his pocket, and put it into his own pocket—I put my hand on his pocket, and asked the prosecutor if the shawl was his—he recognised it.
Prisoner. It is false about my going to other people's pockets.
Witness. I saw him go to at least eight people's pockets.
JOHN EVANS (police-constable R 190.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I know the prisoner—I was at the trial—he is the person—(read—"Convicted Sept. 18th, 7th Vict, and imprisoned one year.)
GUILTY . Aged 21.— Transported for Ten Years.
CAROLINE SANDWELL . I am the wife of Stephen Sandwell, a licensed victualler, at Woolwich—on the 8th of Jan. a man brought the prisoner to our house, representing her as his wife—they remained there that night, and the prisoner breakfasted with me the next morning—I was in want of my watch about eleven o'clock, and could not find it—I had placed it in the bottom of the cradle, in the bar-parlour, where we breakfasted—I complained of the loss, and turned everything out of the cradle to look for it—I
then ran to the yard to ask my husband if he had taken it, and during that time the prisoner contrived to tear a hole in the pillow-case, and put it in there—when I came back to the room I went to look again—I chucked the things that were in the cradle on the ground—the prisoner took up the pillow and chucked it on the ground, and said "There is something in the piliow, there is a hole here"—I put my hand in, and there I found the watch—I then told her to walk out of ray place directly—I swear that there was no hole in the pillow-case when I put the watch in the cradle—the pillow-case had the appearance of being torn down the seam part of it—it was made of calico—I missed a habitshirt and a handkerchief—I asked the prisoner about them—she walked about the place, and said she had not got them—I saw her take the habitshirt out of her bosom, and put it into the pot where the clean clothes were boiling on the fire, and she stirred it down with the stick—she had taken it from the dirty clothes where the woman was washing, but I did not see her do that—I found it in the pot—she had incurred the expense of 6s. 10d. at my house—I had left this handkerchief in the parlour, and found it there.
Prisoner. Q. What took place after I breakfasted with you in the parlour? A. Conversation—I drank some gin and water with you—about eleven o'clock I said, "What time is it?"—I did not say "I will see what time it is by my watch," nor say to my servant, "Do you know where I put my watch last night when I came home late with your master?"—I said, "I want my watch," and I could not find it—I allowed you to dine with me at one o'clock, because you said you did not do anything of the kind—you said you would go in fits if I accused you of such a thing—I did not say that my husband ill-treated me, and I wished he was dead.
Prisoner. Her husband came in and saw us drink gin and water; she said, "If I did not have a drop I should be dead;" I remained eating and drinking with her; it was six o'clock before she gave me into custody.
Witness. I gave her in charge the same day—I did not hold any companionship with her—the gentleman that brought her said she was his wife—it was between eleven and twelve o'clock that the habit-shirt was boiled, about the same time that I found the hole in the pillow-case—I had do gin and water after that—between that and dinner-time I had work to do, and she remained in the room—about four o'clock she ran away down to Charlton, and I spoke to a policeman who was going by, and he went in search of her—she said she had plenty of money, and had left her situation in town, to come to see after her husband, and if I would let her stay there a day or two, she should be obliged to me—my husband and I and the prisoner were the persons at dinner—the man who came with her did not have any with us—she took him some dinner in the parlour—the girl has lost a silk handkerchief, which the officers found on the prisoner—I had only drank out of one glass of gin and water—that was between nine and ten o'clock, before breakfast—I supplied some after, but I did not take any.
MARY WATTS . I am servant to Mr. Sandwell. The policeman broognt back a handkerchief in his hand, and I owned it—the handkerchief that was my mistress's I found in the parlour—the prisoner came to the with the handkerchief in her hand, and I said to Mr. Sandwell, "That looks like your handkerchief"—the prisoner had been in the back parlour, and had part of her drink there after Mrs. Sandwell had told her she should
not be in the bar parlour any more—she had been after that in the back parlour a while, and in the tap-room a while—she had dined in the bar-parlour—she had come from the back parlour to the bar with the handkerchief in her hand—I went in the parlour after, and said, "Is the handkerchief here," and the prisoner put her hand behind the man's back, and gave it me.
NOT GUILTY .
ESTHER SARGEANT . I am a widow, and live at Woolwich. On the 16th of Aug. the prisoner came to my house—she said she had come from Ireland, and could not get a place to sleep in—I gave her a bed, and a little room that I did not use, to lie down in—she was there ten or eleven days, and paid me 1s. 6d.—on the 25th of Aug. I missed two pair of pillow-cases, a night-gown, a shift, and three handkerchiefs—she was then gone—here is one shift and one handkerchief—(looking at them.)
Prisoner. Q. Do you remember sending me to pawn things for you? A. No, I never sent you to pawn anything, on my oath, nor received any money for any pledge.
JOHN THORP . I am assistant to Mr. Moor, a pawnbroker. I know the prisoner—she pawned this shift and handkerchief, and a gown, on the 24th of Aug., in the name of Jane Cummins, for half-a-crown—the gown belonged to herself, I believe—there is no address written on the duplicate, only Sapper's—Mr. Moor wrote the duplicate—I believe the prisoner is a soldier's wife.
Prisoner. She gave me the shift to pledge; I pledged another parcel the same night; I pledged them for half-a-crown, and gave her 1s. 6d. out of it—I had but 1s. for me, and my husband, and children.
ESTHER SARGEANT re-examined. These are my things—there is no pretence for her saying that I delivered these things to her to pledge—I never employed her to pledge anything—she took these from the dirty clothes' cupboard, and washed them to pawn them.
JURY. Q. Did you know of her pawning anything of her own? A. No—she did not produce half-a-crown to me—I did not know out of what money she paid me the 1s. 6d., only she said she did not wish to stop entirely in my place without making me some allowance—she paid me the 1s. 6d. four or five days before she left rny place, and she told me if she should stay a little longer, she would give me more—I have traced the pillow-cases and other things—they were pawned on the 21st, but they have been taken out again, and cannot be found.
GUILTY . Aged 27.— Confined Six Months.
WILLIAM BENNETT . I live at Skull, in the county of Cork, in Ireland. I was present on the 20th of Jan., 1835, when the prisoner was married in my mother's house at Skull, to my sister Martha Bennett, by John Barry, a Roman Catholic curate—the prisoner is a Roman Catholic—my sister and the prisoner lived together about four years—he left her in the City of Cork—the Roman Catholic clergy keep registers of marriages in their own dwelling-houses—the policeman has the certificate of the marriage—this is it—I compared it with the register in the police-constable's
presence—it is correct—the prisoner was reputed to be a single man and my sister was single—I saw her yesterday fortnight—Ellen Bennett was present at the marriage—the prisoner was very kind to my sister, and very fond of her—it was his circumstances in life which caused him to leave her—he left to better his condition—we had two letters from him after he left Ireland—I never heard of his doing anything wrong before.
JOHN TUBMAN . I am a retired tradesman, and live at Greenwich. I was present at Greenwich Old Church, on the 30th of Nov., 1839—the prisoner was then married to my daughter, Rebecca Tubman, according to the Protestant service—I have a certificate of the marriage, which I have examined with the parish register—it is correct—my daughter was twenty-three or twenty-four years old—the prisoner was described as a bachelor, as not having been married before—he lived with my daughter about three years—sometimes at Greenwich, and sometimes in London—I brought this prosecution forward—I first heard of it from a person who saw the prisoner going up in a railway carriage one day, and a person said to him, "How is your wife?"—he said he believed she was well, he had not seen her for two years—my daughter had 130l. in the 3 per Cento.—the prisoner drew it out very soon after they were married, and made a bad use of it—he has been away from her two years, and wrote occasionally, when he wanted assistance, that was all.
Prisoner. Q. How long is it ago since you knew I was married before? A. I think it is three years, or three years and a half ago—if you had been worth your weight in gold I would have taken these proceedings against you.
REBECCA TUBMAN . I married the prisoner in Nov., 1839—we were together about three years—we went to America, and returned again about two years ago—I then went to live with my father and mother again—the prisoner used to come to see me after we left America, till about a year and three months ago—we heard reports of his being married I suppose five years ago, but we had no proof of it.
Prisoner. Q. How long were we acquainted before we were married? A. I think four or five months—I remember the second time we wentout for a walk—I hardly remember where we went—no particular circumstance occurred in Greenwich Park that I know of.
JOHN ROSCOE (police-sergeant R 9.) I apprehended the prisoner—he had been cohabiting with a woman in Commercial-road East, and that woman has been here, and very much insulted the prosecutrix and the others—I went to Ireland, and compared this certificate with the priests book—it is genuine.
Prisoner. I do not deny that I was married in Ireland; my wife and I, from particular circumstances, separated; I have never Heard from her since.
GUILTY . Aged 33.— Confined One Year.
are his property—I saw them safe on Friday evening, Jan. 10th, about five o'clock, lying on a board outside for sale—my attention was called to them by the officer about a quarter of an hour after.
WILLIAM WOOD . I am a confectioner, and live in New-row, Deptford. On the 10th of Jan., about five o'clock in the afternoon, I saw the prisoner and another lad opposite Mr. Greenley's shop—they were together a great while—one of them crossed the road several times to the shop—I went out and told the constable, and he told me to go and watch them—I then saw the two together—the other one had a bag—the prisoner went to the stall, and took something like a coat, which he gave to his mate and they both went away—I went and told the constable—I came down one side of the road, and the officer on the other, and just as I came down the prisoner was taken with something on his arm which he had just taken from the shop.
JOHN EVANS (police-constable R 190.) On the evening of the 10th of Jan. I saw the prisoner folding something up—I went and asked what he bad got—he said, "Only my jacket"—I asked where he got it from—he said, "I brought it from home"—he was in the act of putting it into this bag—I took him to the prosecutor, who said it was his, and that he saw the prisoner just by there not long ago—I found on him this waistcoat, which he said he bought in Ratcliffe-highway.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Common Sergeant.
ELIZABETH MASON . I am the wife of David Mason, of Beresford-street, Wqolwich. I let the prisoner a furnished lodging, with a woman who I supposed to be his wife—the prisoner was taken on a charge in the street, and the policeman came to me with my duplicates—I then went into the prisoner's room, missed the glass, blankets, and sheet—this is the glass and the blankets.
Cross-examined by MR. O'BRIEN. Q. How long had he been living with you? A. I think two months—they took the room as married people for three months.
GUILTY . Aged 28.— Confined Three Months.
MR. O'BRIEN conducted the Prosecution.
LUCY SIMMONS . I am the wife of George Simmons. I missed a flannel shift in Dec—this is it—I made it myself—the prisoner's mother has a room in my house, and the prisoner came two or three days after her mother came there.
Prisoner. About a fortnight before Christmas, I went to the pawnbroker' shop, and saw a lad pawning some spoons of Mrs. Simmons's; I told the pawnbroker of it; I went and told her; before I was taken, there was a watch lost; I went before the Magistrate three times, and he would not entertain the charge; I have had this shift since last March, and it was sent to me by my sister to convert into a petticoat for my child; this duplicate was not found on me, it was found with some more at home; this is a complete conspiracy; I do not know why, unless it is my owing her a few shillings.
Prisoner. The stains on it were occasioned by using some lotion to a little boy's knee; this girl's word is not to be taken; she robbed her uncle and threw her aunt's apron into our room; when I was before the Magistrate he wanted me to admit this, but knowing myself innocent I would not do it.
NOT GUILTY .
Before Edward Bullock, Esq.
MARY ANN ROSE . I am single, and live at Woolwich. On Monday, the 3rd of Feb., I had this shawl, belonging to English, in a chest in my possession—I saw the shawl safe about six o'clock that evening, and about eight o'clock on Tuesday morning I looked into the chest, and the shawl was gone—I had been at the Three Daws public-house on the Monday evening, and the prisoner came in and had a pint of beer, about half-put six or seven o'clock, and Bridges came in and drank with the prisoner-Bridges then went out, and I remained in the tap-room with the prisonerbefore I left my lodging that evening I had locked the door, and put the key into my pocket—I can swear I locked the door with a small padlock—I went home about eleven at night—I was at the public-house from six till eleven—the prisoner drank his beer, and went out of the public-house—I did not see him again till about eleven—he then came and said he had broken out of barracks, and did not want to go in, as he would be tried by a Court-martial—he asked me if I would allow him to sleep with me, and he would bring some money and pay me—he went home with me—when I got home I found the door as I had left it—I had to unlock the door before I could get in—the prisoner left me from six to half-past six the next morning—after he left, Bridges came and spoke to me—I found had lost the shawl, and Bridges said he had pledged it—I have a room of my own in that house, and I have the key of this room—the landlord does not live in the house.
and went to the barracks—I searched a bed which the Serjeant told me was the prisoner's—(the prisoner told me it was his when he came home)—I found the duplicate of this shawl in it—I went to the pawnbroker's, andgot it—I afterwards took the prisoner—I told him it was for breaking open the door of a girl's house, and stealing a shawl—he told me he knew nothing about it—I told him that what he said I should be forced to make use of in evidence—he then said Bridges was as had as himself, for he took the shawl and pawned it, and it was a bad job.
Prisoner. Q. Did I not say I knew nothing about the duplicate, but Iknew about the shawl? A. You said you knew nothing about the duplicate nor about the shawl.
Q. Do you know Mr. Jeremy's handwriting? A. Yes—this is his signature to this deposition—(read)—"The prisoner Smith says, I wanted to raise a little money to get some drink, and the shawl was taken for a lark; I did not break open the door, it was unlocked; Bridges did not give'me the money; I asked him for the ticket; he said he did not know where it was; we went up stairs together to get the shawl."
Prisoner's Defence. I was drinking with this young woman; Bridges came in; I asked him to drink; he said he would, but he had no money; I said, "Mine is gone too;" we went out together, and I said, "We will pledge Mary's shawl, and take it out on Saturday again;" he said he did not care; he and I went up together; the door was open; I got the shawl, and gave it him, and he pawned it.
NOT GUILTY .
Before Mr. Recorder.
561. HENRY STEVENS was indicted for feloniously breaking and entering the dwelling-house of Thomas Wade, on the 7th of Jan., and stealing therein 1 waistcoat, 2s. 6d.; 1 other waistcoat, 1s.; 1 pair of trowsers, 4s.; 1 jacket, 3s. 6d.; 1 shawl, 4s. 6d.; and 1 piece of patchwork, 6d.; his property.
THOMAS WADE . I live in Weymouth-street, Walworth. On Tuesday evening, the 7th of Jan., I came home a little before eight o'clock, and knocked at the door—nobody answered—I heard footsteps inside, and noticed a light in the passage—I knocked again, and the light was put out—I heard a rush towards the door, which was immediately opened—three or four men rushed out, and knocked me down a few yards from the door—as soon as I recovered from the reeling position I was in I laid hold of the prisoner—I was standing close to the gutter, three or four yards from the door, and he was'on the pavement—I held him till a policeman came up—he asked what I had hold of him for—I said, "I believe you are one of the party who came out of my house"—he denied it—I gave him in charge—when the men rushed out I heard a fall of keys, and as soon as I gave the prisoner in charge the parties outside picked up some keys, and delivered them to me—on going up stairs I found the bed-room all in confusion, the bed-quilt taken off and spread on the floor, several drawers broken open, articles taken out, and placed in the quilt, to be taken away—when took hold of the prisoner he said he was only passing in the street—I was too confused positively to swear he was one who came of the house—I did not notice anybody else passing by—I seized him the instant I had done staggering from the door—my house is in a very public thoroughfare—I
had no one to my assistance—a great quantity of people assembled in a moment, who must have been near—nothing belonging to me was found on him.
Prisoner. I went to meet my brother, who was coming from work.
JOHN CLARKSON (police-constable P 52.) I was in Prospect-place on Tuesday, the 7th of Jan., about ten minutes to eight o'clock—the prose-cutor lives at the corner house—I was a few yards from his house—I heard him call "Police!"—I went up and saw him holding the prisoner, who was trying to get away—the prosecutor said, "Take him in charge"—I asked what for—he said there were four of them came out of his house when he came home—after we got a light in the house, he said that he had thrown something down in the street like keys—he went out with a light, and got four skeleton keys in a small bag—the prisoner denial throwing them down—the prosecutor did not express any doubt of the prisoner being one of the four men till he got before the Magistrate—he looked at the prisoner and said, "D—n you, you might as well bare gone to somebody else, instead of coming to me, I thought I should have been the last you would have come to"—he said he knew the lot of them—I said, "I suppose he is one of the New-streeters—(there is a bad lot in New-street)—he said, "He does not come far away"—the prisoner said it was a d—d lie, that he was passing by at the time—I found some matches, a small knife, and box-key on him—I told Wade to appear next morning but he did not—I went to his house, and was told he was gone to Wales—this large key opens the prosecutor's door with the greatest ease.
THOMAS WADE re-examined. I did not attend next day, as it would take me out of my business—I did not wish to have anything to do with it, and being very confused, I thought I might be mistaken—I was quite sober, but I had a blow on my head, and was knocked two or three yards.
CHARLES BARKER (police-constable P 25.) I was in the Walworth-road, and received information—I went to Wade's house—I found the prisoner in the back parlour in custody—I, Clark, and Wade, went up stairs, leaving the prisoner in charge—I saw a quilt on the floor, and a quantity of wearing apparel in it—Wade did not intimate the least doubt of the prisoner being one of the party who came out of his house—Wade told the prisoner he ought to have been the last person he should have come to—I asked if he could describe the other three—he said, "The fact is, I know the gang of them, but I should have thought they should have left me alone."
ELIZA WADE . I am the prosecutor's wife—I left the house safe about seven o'clock—the quilt was in its place, and all the other things—my nephew's clothes were in the drawer—I found them at the station.
MR. WADE re-examined. Q. On your solemn oath, are you able to my whether this is one of the four men who came out of your house? A. I should not like to swear it—I cannot swear to him—I never used tie words the policeman says—I never saw the prisoner or any of the party before, to my knowledge.
562. JAMES NEALE was indicted for stealing, on the 21st of Jan., 1121bs. weight of horse-hair, value 5l. 12s.; the goods of Robert Wilcoxon and another; and CHARLOTTE NICHOLSON for feloniously receiving the same, well knowing it to have been stolen; to which
NEALE pleaded GUILTY . Aged 45.— Transported for Seven Years.
ROBERT WILCOXON . I am in partnership with my brother Arthur—we are wholesale upholsterers in Monument-yard, City—the prisoner Neale was occasionally employed on the premises as packer, but not a regular servant—the policeman called at our warehouse a few days since, and showed me a quantity of horse-hair—I did not know we had lost any, our stock is so large—I can swear to the bag it was in, as our property—we always sell it in bags—I could not swear to the hair, but have not a doubt it was ours—since the policeman called we have missed several bags of hair—the bag produced has my private mark on it, with the cost of the hair—the bag has not been sold—when we sell a bag of hair, we take a brush and rub out the mark, and it should not be here if sold.
WILLIAM HUGHES . I am the prosecutor's porter—Neale supplied me with milk, and brought it to the door in Monument-yard; and opposite that door is the staircase leading to the room the horse-hair is kept in—I never saw Nicholson—I live on the premises—Neale occasionally visited me there—on Tuesday morning, the 21st of Jan., while I was at the end of the warehouse unfastening the shutter I found the door open when I came down, and the prisoner's sister, who was stopping with us, standing on the mat, as I supposed, taking in the milk—I went on undoing the shutter—I saw this bag at Southwark police-court—it had the private mark which we always erase when sold.
THOMAS WEST (police-constable M 249.) On Tuesday, the 21st of Jan., I met the prisoner Neale in Paris-street, Horsleydown, three-quarters of a mile from Monument-yard—he had a bag on his back, which seemed very heavy—I followed him a short distance, and saw him go into the female prisoner's house, under the archway of the Greenwich railway—he was there about ten minutes, and came out without the load—I asked him what he had taken in there—he said some sacking that he brought from Ludgate-hill, that Mr. Ragget engaged him—I asked what he had under his coat—he said it was a handkerchief—I asked him to allow me to see it—he said he should not—I said I should take him to the station—he then pulled this large bag which I produce from his breast—there was nothing in it at the time—it was under his coat—it had the appearance of the bag he was carrying just before—he said it was the bag he had carried the sacking in—I gave him to another officer, went to Nicholson's shop, and asked if she had bought any sacks that morning—she said "No"—I asked if a bag of anything had been brought there that morning—she said, no, there had not been a soul there that morning—the constable brought Neale into the shop—I asked Nicholson if she knew him—she said, no, she had never seen him before—I went to the back of the shop, and found some curled horse-hair in a sack—I then went up stairs—she followed me, and I asked her if she had any horse-hair in the place—she said she had not a bit—I came down again, and in searching among some matting I found a bag of matting thrown over this sack—I pulled it out, and there was 1 cwt. of horse-hair in it—she said it belonged to Mr. Caddel—I asked her how it came there—she said she did not know—she then said it had not been brought there ten minutes—I asked who brought it—she said she did not know—I asked whose sack it was—she said it was the sack he brought it in, and she paid 2s. for the porterage—it weighed 1151bs.—the sack found on the prisoner was identified by the prosecutor.
in the sack—Nicholson said ali the property in that part of the premises belonged to Mr. Caddel—she said it had not been there above ten minutes, she said on the way to the station that she had known Neale, and he had been to her house at different times, and his wife also, and she believed the horse-hair came from a respectable party.
MR. WILCOXON re-examined. This hair is such as I had on the premises—I have not a doubt it is mine, and the sack I can swear to—it is always in bags of 1 cwt.
Nicholson's Defence. I have the railway arch of a gentleman, and he has been a very hard landlord; I receive parcels for the gentleman, and pay porterage; I never offered to dispose of the hair; he brought it, desiring to leave it there; the policeman came in, and asked if I had purchased the horse-hair; I said, "No, nothing of the kind;" he said, "What is here?" and pulled it out; I did not attempt to conceal it, I only threw the mat over it, because it was the gentleman's; I said, "You can search where you like, these goods belong to Mr. Caddel, who I receive goods for, as much as 25l. a week;" I neither knew where it came from, not what it was; I paid him 2s. porterage; the policeman came in; nobody asked if I had bought any hair; he said, "You have bought some sacking;" I said nobody had been there that morning with sacks.
THOMAS WEST re-examined. I found sacks hanging by the door, sod" coal and coke warehouse" written up, but nothing of the sort was sold there—all I found was sacking and new sacks—the name of John Simmons was over the door.
NICHOLSON— GUILTY Aged 47.— Confined Six Months.
WILLIAM PERSHOUSE I live at Greenwich, and have a farm at Plaistow, in Kent. The prisoner was in my employ as carman for about two years, and had 12s. and 14s. a week—on Tuesday, the 31st of Dec, I asked him about some straw he had from Plaistow farm that day—he said be dm taken it to Mr. Scudd at Blackheath, and it was not paid for—he said he had called on two or three occasions during the week following, and he had not paid him, but he had an order to fetch the straw from my premises—he had no authority from me to take straw to Mr. Scudd—I understood he had fetched a load of straw from the farm—I asked what he had done in his day's work—he told me everything besides receiving this straw—he did not acknowledge that till I questioned him.
Cross-examined by MR. PAYNE. Q. Had not he been in the habit of selling straw to Scudd? A. He never had liberty to take any from my place to Scudd, nor did I ever receive money for it—he has taken straw to about six other persons and I received the money—I never sent Win sell straw to raise money to pay my men—I had received information from
my barnman—if the prisoner had given me the money for the straw I should have taken it.
WILLIAM SCUDD I am postmaster at Blackheath. On the 31st of Dec. the prisoner brought me a load of straw, which I paid him 30s. for—I had not ordered it—he came to me first and asked if I wanted any—I asked where he was going to bring it from—he said from Mr. Pershouse—I said, "I shan't buy any unless I see it"—he said he should be coming by with a load and I could see it—he brought it, and said his master had desired him to sell some straw to raise money to pay a bill, or to pay his men—I saw the prosecutor's name on the cart.
JOHN ROSCOE I apprehended the prisoner on the 7th of Jan., and told him his master charged him with stealing thirty-six trusses of straw—he said, "I certainly did take the straw and sold it to Mr. Scudd, and lost the money going home."
WILLIAM PERSHOUSE re-examined. I told him he had no business at Scadd's—he was employed to fetch hay and straw, and he has at times asked if he might sell a load—we told him to sell no more straw as I had not sufficient to supply a contract I had made with Barclays.
MR. PAYNE Q. Were you bound to supply them with straw? A. I could send them as much as I thought proper.
GUILTY .— Confined Nine Months.
Before Mr. Justice Williams.
MESSRS. DOANE and SCRIVEN conducted the Prosecution.
DONALD FRASER (police-constable P 28.) On the 6th of Jan., between seven and eight o'clock in the evening, I went with Morton and Baker, two other constables, to No. 3. North-street, Lock's-fields—on entering the house we got to the top of the stairs, and entered a small back room in which were the three prisoners—Prince was standing at an open cup-board near the fireplace—the two others were at the stove, in which was a good fire—the cupboard is quite close to the stove—there was a sort of bed in the room—it was only a quantity of shavings with some rags and things—we took hold of Prince—he made a violent struggle to get his arms loose—we were obliged to have him down on his back on the floor—he made a violent effort to get his right hand into his right waistcoat pocket—Morton took hold of the pocket—it was rather ragged, and he tore it off altogether—I saw Jones making to the cupboard and called to Baker to secure her—he took hold of her while she was in the act of extending her hand to the cupboard—Baker seized her and took hold of a mould that was in the cupboard—Prince said then, "You have got all, and enough too"—Jones said, "I think so, too"—I searched the cupboard and found in it a 4d.-piece of 1843—one of these files I found in the cupboard, and the other on the mantelpiece—this pipkin I found near the fireplace at the bottom of the cupboard, with some pieces of metal in it, and some plaster of Paris in this paper—I saw some small particles of metal near the fireplace below the grate, on the floor—there was no fender to the stove—the pieces of metal were on the stone, part underneath the stove—Whaley was in the room all this time—she remained where she was, near the stove—I
asked her whether she lived there—she said, no, she had only called in—she did not say how long she had been there that I recollect.
Prince. Q. What was the resistance I made? A. You struggled to get the use of your arms—you were not sitting, but standing in a crouch-ing position at the cupboard.
Jones. I was sitting down, and never offered to stir. Witness. I be-lieve she was sitting when I entered the room, but she got up, and was making for the cupboard—she had got about a step or two from her seat.
WILLIAM MORTON (police-constable P 289.) I watched this house on the evening in question for about two hours before we went in, from between five and six o'clock—I did not see any of the prisoners go in during that period—I have known Prince and Jones, and have frequently seen them together—I have seen them go into that house, No. 3—I accom-panied Fraser to the back room, first floor—I saw Prince standing against the cupboard—he made a startle—I instantly went and seized his hand—he drew his hand to his right-hand waistcoat pocket—with the assistance of the others I seized him—he resisted very much—we threw him down—I perceived that he wanted to get something out of his pocket—I immediately caught hold of the bottom of the pocket—I felt something small and hard in it, and in the struggle I tore the pocket off—I called Baker to my assistance, while I examined it, and found these four 4d. pieces—just about the same time, or a little after, Baker, who had gone to the cup-board, said, "I have found a mould"—Prince said, "You have got all now, and enough too"—Jones said, "I think so too"—Whaley said, "I don't know what this all means, I have only just come in"—I have seen Whaley frequently in company with Jones in the Walworth-road.
Prince. Q. What resistance did I make? A. You attempted to rescue your hands from me, and we threw you down in the struggle.
JAMES BAKER (police-constable P 98.) I accompanied the other police-men to North-street—when I got into the room, I saw Jones make to-wards the cupboard—I put my hand against her, and told her to keep back—I immediately looked in the cupboard, and found this mould for groats, this white-metal spoon, and this piece of tin, and this piece of metal I found in the mould—I found one 4d. piece, of the date of 1843, on the floor—after I took the mould from the cupboard, and the other things, Prince said, "You have got all," and Jones said, "And enough too."
Prince. Q. What struggle did I make? A. A desperate one—I never saw you offer to strike—you tried to get away very much.
Jones. I never spoke a word; I was sitting on a tub. Witness. She was standing in front of the fire, and made a rush towards the cupboard—I am quite certain she did speak.
MARY ANN FRANKLIN I keep the house No. 3, North-street, Wal-worth. On the 5th of Dec, Jones came and took the back room first floor of me—she said it was for herself and husband, who was a nightman—I thought she meant a night watchman—Prince came to live there, and he and Jones passed as man and wife—they continued to live there till the police came on the 2nd of Jan.—Jones paid me the rent—I do not know Whaley—I have never seen her—I was out nursing for some time, and left my daughter Mary Ann at home.
Prince. Q. Did you ever know my door to be fastened when you came to it? A. No.
COURT Q. Do you know what use they made of your room? A.
No nothing more than living and sleeping in it—Prince did not follow any business that I know of—sometimes he went out in a morning, and sometimes he did not—I was not often in their room.
MARY ANN SMITH . I am the last witness's daughter, and lived at No. 3 North-street, at that time. Whaley had been there a week before the policemen came, to the best of my knowledge, staying and sleeping—I have not seen her leave the house at light—I have seen her there in the daytime—whether she slept there or not I cannot tell.
JOHN FIELD . I am Inspector of coin to her Majesty's Mint, and have been so for many years. These are counterfeit groats, all cast in the same mould—these other two groats are the same in all respects—(examining the articles produced)—this is a plaster-of-Paris mould, which appears to be constructed for the casting of counterfeit groatssimilar to these, and they appear to have been cast in this mould which is complete on both sides—this piece of metal is what is calleda get, which fills up the channel of the mould, down which the metalruns while in a fluid state—here is part of a Britannia-metal spoon, part of which has been melted, and it is a similar metal from whichthe groats are cast—this pipkin might answer the purpose of fluxing the metal—here is some plaster-of-Paris in powder—that is the samematerial of which the mould is constructed—here are two small files, which are usually applied for the purpose of removing any surplus metalfrom the edge of the pieces when cast—they have white metal in theteeth, and appear to have been so used—this tin band is for the purpose offorming the mould; it confines the plaster while in a fluid state.
COURT. Q. Can you form any judgment how long these half-dozen coins had been cast? A. I cannot form any exact notion; I should say not many days, four or five on the outside—the metal, when exposed to the air, oxydates considerably, and no oxydation has taken place—I saw them yesterday for the first time—if they are wrapped up in paper, and kept from the air, the oxydation does not go on so rapidly—I judge of them as they would have been on the 6th of Jan. pretty much.
Prince's Defence. On Saturday night I found all these things in an old handkerchief in Locks-fields; I was foolish enough to take them home and to tell several people that I had found them, and had them in my pos-session—I suppose some of those persons gave information to the police, for the sake of getting something for their trouble; but if they had known anything of the sort before, all the police have known me for years, and they would have searched my place; I was never taken up but once, and then I was acquitted at the police court. If I had been in the habit of using these things, I should have had a more secure place for them than the middle shelf of the cupboard, where anybody opening the door could see them; and had I been making these things the metal would have been in a liquid state, instead of which it was hard and in pieces, exactly as I found them. I declare I am innocent of making either the coins or the mould; neither of these females even knew I had these things in my possession; Jones asked me what they were, but I never satisfied her; the handkerchief they were in was an old piece of black handkerchief, which I burnt on the Monday afternoon; I sell things in the street for my living.
Whaley's Defence. I never saw the things.
PRINCE— GUILTY . Aged 23.
JONES— GUILTY . Aged 29.
Confirmed Two years.
WHALEY— NOT GUILTY
Before Mr. Baron Parke.
565. MARY ANN WHEELER . was indicted for feloniously breaking and entering the dwelling-house of Susan Laws, on the 18th of Jan. and stealing therein 2 gowns, value 30s., the goods of Caroline Allen; and 1 shawl, 6s., the goods of Henry Gecrge Steer.
CAROLINE ALLEN . I am single, and occupy a parlour and a bed-room on the first floor, at No. 169), Union-street, in the house of Susan Laws On the 17th of Jan. I went to bed about twelve o'clock—I locked the par-lour door, and took the key with me to my bedroom—I came down a few minutes before eight next morning, and observed that the street door was wide open, and also my parlour door—I called the landlady, and missed from my parlour two dresses and a pair of gloves, and some velvet and ribbon from the shop adjoining, which was kept by the landlady—I had seen the things a few minutes before I went to bed the night before—I know nothing of the prisoner.
Cross-examined by MR. PAYNE. Q. How many people lodge in the house besides you? A. One old gentleman and two families—I ama dress-maker.
JOHN ROBERT DAVIS . I am shopman to Mr. Foikard, a pawnbroker, in Blackfriars-road. On the 18th of Jan., about half-past nine o'clock in the morning, the prisoner pledged this gown at our shop—I gave her a du-plicate.
Cross-examined. Q. Did she give her right name and address? A. She did—it was in consequence of that she was found—I did not know her before—she got 5s. on it—it is not worth more than 7s. or 8s. in the trade.
MICHAEL CREGAN . (police-constable M 145.) On the 18th of Jan. I went with Miss Allen to the prisoner's lodging, and saw her there—I asked her where her apartments were—she pointed them out—I went up stain, and on a chair, covered over with the bed-clothes, I found this gown and shawl.
Cross-examined. Q. She willingly showed you her apartment? A. Yes—I found no duplicate or any money—I got her name and address from the pawnbroker's—it was quite right—I was in my uniform.
Cross-examined. Q. What is that dress worth? A. 6s. or 7s.—it could not be made under 1l.—the one found in the prisoner's room is not so good—I have not found the ribbon and velvet.
COURT. Q. In what way had the persons got into your room? A. The door was broken open—the street door must have been opened with a skeleton key—there were no marks of violence on it—it is always kept locked, but not bolted, I think.
MR. PAYNE called
ELIZA BEALE . I know the prisoner, and lived in the next room to her—she is an unfortunate girl. On Friday, the 17th of Jan., we came home at four o'clock in the morning—a man and woman asked her if she knew where they could get a bed, and she let them into her room—they had a bundle with them—I did not see them next morning.
MARTHA WINFIELD . I am landlady of the house where the prisoner lives. I do not remember any persons coming that night—I was in bed—early next morning the prisoner came to borrow a shawl, and said she was going out at half-past nine—she was gone about long enough to pledge something at Mr. Folkard's—I saw nothing of any man and woman—I do not live in the house.
NOT GUILTY .
Before Edward Bullockt Esq.
GUILTY . Aged 20.— Confined Six Months.
567. JOHN SMITH was indicted for feloniously and knowingly utter-ing a forged request for the delivery of 1 pair of lunges and 2 bolts, with intent to defraud John Rix and another; also for unlawfully obtaining from them 3 pairs of copper hinges and 48 screws, by false pretences; to both which he pleaded
GUILTY .— Confined Two Years.
568. SAMUEL ORDER was indicted for stealing 1 sword and sheath, value 15s., the goods of Julia Henry Hughes ; also, 1 yard of canvas, value 2d.; 2 swords and sheaths, 3l. 10s.; and 1 whip, 1l. 10s.; the goods of Robert Roxby; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 13.— Confined Twelve Months and Whipped
WILLIAM CHARLES WOOLVERTON . I am a boot and shoemaker, and live in Albion-place, Rotherhithe. These boots are mine, and were made by one of my men—they hung at my door at half-past three o'clock in the afternoon of the 27th of Jan.—I went to the door about a quarter before six, and missed them—I had not sold them.
HENRY CATCHPOLE (police-constable M 271.) At a quarter-past six o'clock on the 27th of Jan. I was on duty at Dockhead—I saw the prisoner coming in a direction from Rotherhithe towards me with this pair of boots under his arm—he went to a pawnbroker's—I went to the door, and asked him where he got those boots—he said he bought them in King William-street, at a shoe shop—I took him to the station, and on the way he said his father had bought them last Saturday night.
JOHN BAILEY WELLS (police-constable M 54.) I produce a certificate of the prisoner's former conviction, which I got from the Clerk of the Peace of Surrey—(read—Convicted 24th July, 8th Vict., and imprisoned six months)—the prisoner is the person.
GUILTY . Aged 17.— Confined Twelve Months.
Before Mr. Common Sergeant.
570. WILLIAM SHORTER and ISABELLA SHORTER were in-dicted for stealing 1 counterpane, value 2s.; 1 pillow, 1s.; 1 looking-glass. 1s.; 1 flat-iron, 6d.; and 1 sheet, 1s.; the goods of Samuel Holman, since deceased.
ANN HOLMAN . I live in York-street, Westminster, and am the widow of Samuel Holman. During his lifetime, William Shorter took a furnished lodging of us in the name of William Smith, and in the evening Isabella Shorter came—they staid there a week, and left without giving notice or paying—on the evening they left I went into their room, and missed the articles stated—William Shorter said that this woman was his wife.
William Shorter. I never saw this woman before I was given in charge; I do not know her. Witness. I have not the least doubt that they are the parties—no one else went into their room to my knowledge—the adjoining room was let.
WILLIAM SHORTER— GUILTY .
ISABELLA SHORTER— NOT GUILTY
571. WILLIAM SHORTER and ISABELLA SHORTER were again indicted for stealing 2 blankets, value 8s.; 1 pillow, 7s.; 1 pillow-case, 1s.; 1 table-cloth, 5s.; 4 yards of carpet, 3s.; 1 kettle, 6s.; 1 coun-terpane, 2s.; and 1 set of bed furniture, 10s.; the goods of Eliza Mary Hide.
ELIZA MARY HIDE . I am single, and live in Abbey-street, Bermond-sey. On the 2nd of Nov., about eleven o'clock, William Shorter took a ready furnished lodging of me in the name of William Smith, and abont one o'clock he brought Isabella Shorter as his wife, and they resided with me for nine weeks—the woman generally brought the rent down—the man called himself a veterinary surgeon—they paid only six weeks—the woman went away one afternoon, as she said, to meet her mother, who was coming to stop with her to go to the hospital—I had not seen the man for some days before—after the woman was gone I missed these blankets and other things stated, from their room—the door was locked, and the key was put down by the side of the door—I discovered it at ten o'clock in the evening.
Isabella Shorter. You tell a wicked story. Witness. No, I do not, you had been there nine weeks.
WILLIAM SHORTER— GUILTY . Aged 28.
ISABELLA SHORTER— GUILTY . Aged 23.
Confirmed six months.
GUILTY . Aged 16.— Confined Three Months.
573. JOHN WILLIAMS was indicted for stealing 1 purse, value 6d., 1 sovereign, 4 shillings, and 13 sixpences; the property of James Heavens, from the person of Eleanor Heavens; and that he had been before convicted of felony.
ELEANOR HEAVENS . I am the wife of James Heavens, who keeps the Dove, at Westminster. On the 6th of Jan., about four o'clock in the afternoon, I was looking into a shop window in Westminster—I felt a touch on my left side, which induced me to look round—I had do pocket on that side, but had one on my right—I turned, and saw the prisoner—he took up a silk pocket-handkerchief, wiped his face, and immediately walked off—I felt my pocket, and found my purse was gone—I saw a
City policeman within call—I said, "Policeman, that man has got my purse!"—he went after him—the prisoner walked deliberately till he got to the corner of Watchhorn-street—there was a sovereign, four shillings, and thirteen sixpences in my purse—he ran when he went round the corner—the officer ran and overtook him—in the struggle the prisoner dropped the purse—it was shown to me at the station, and it is mine—I described it before I saw it.
Cross-examined by MR. BALLANTINE Q. Had you been at the shop window long? A. About five minutes—I was going to make a pur-chase, and thought I would make a choice before I went in—I do not know whether there were any other persons there.
THOMAS HUNT (City police-constable, No. 454.) About four o'clock that afternoon, I was opposite Lambeth-house, Westminster-road—I saw the prisoner standing on the left side of Mrs. Heavens—I passed them four or five yards, when Mrs. Heavens said, "That man has got my purse"—I followed him—he turned a corner, and ran—I called to a boy to stop him, which he did, and I took him—he said he would go no further—he stopped, and a mob of people collected—I saw the end of a purse hanging in his band, and saw him try to shove it into a female's hand, who was near him—I caught his arm, and he dropped it—I took it—it is the purse the lady swears to—it has a sovereign, thirteen sixpences, and four shillings in it.
GEORGE SHEPHERED . I heard a cry of "Stop thief!"—I tab down York-street—I saw a great crowd—I got in as much as I could, and saw the prisoner drop the purse—I scrambled after it, got it, and gave it to the officer.
Cross-examined. Q. Did it not occur to you that there might be some danger in laying hold of a purse? A. No—I am a butcher, and have lived with my brother-in-law, Mr. Horton, in Lambeth-marsh, for twelve years.
JAMES BROOK (police-constable L 118.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted on the 27th of Nov., 7th Vict., and confined four months)—the prisoner is the person—he was tried in this Court.
Prisoner. I never was convicted in my life.
COURT. Q. Were you here? A. Yes, but I was not a witness—I knew him before that trial, and since.
FRANCIS STANLEY (City police-constable. No. 311.) I know the prisoner—I saw him at Bow-street in the early part of Nov., 1843, and he was tried in this Court, at the Sessions that month—I am sure he is the man—it was for stealing a purse containing a sovereign and some silver from a lady named Reeve.
GUILTY . Aged 22. Transported for Ten Years
Before Mr. Recorder.
574. JANE AUGUSTA HAMILTON was indicted for stealing 1 Blanket, value 2s.; 1 umbrella, 8s.; 1 table-cloth, 3s.; 2 flannel-waist-coat 3s.; and 1 saw, 3s.; the goods of Elizabeth Raynor: and that she had been before convicted of felony.
ELIZABETH WINDSOR RAYNOR . I live with my mother, Elizabeth Raynor in Manor-street, Walworth—she is the householder—she is a widow. We had a bill in the window of lodgings to let, and on the 1st of Jan. the
prisoner came, and said she was an officer's widow, and had just come from the country, and she could not give a reference, as she knew nobody in London, that she was a dressmaker, and should be out at work the whole of the week, from ten till ten at night, and the next week from nine till nine—she came into the lodging on the 2nd of Jan., and had one back room on the first floor—we lost an umbrella about a fortnight after she came—I spoke to her about it—about a week after she came, we applied to her for the linen of her ready furnished room, to get it washed—she made an excuse, and said it was not dirty, and did not want washing—she paid 3s. a-week.
Prisoner. You know the things you accuse me of taking were in Mr. Cox's room, who lodged in the house; how could I get them? the door was always kept locked; I have never seen the other things; the blanket I pledged, and would have got it out again on Wednesday.
Witness. We did not lock the door till we missed several things—we did not miss the last article till the day we gave the prisoner into custody.
ELIZABETH RAYNOR . My daughter let the prisoner the lodging—after she came I missed a meat-saw and an umbrella—the saw was in the kitchen, to which the prisoner had access—I missed a blanket from the prisoner's room, and a towel and a flat iron, which have been returned—I missed two waistcoats and a table-cloth from a room adjoining the prisoner's—I spoke to the prisoner about the things I missed—she at first denied having seen them, and then admitted it—she produced a duplicate to the officer in my presence, and said that was the duplicate of the only thing she had taken—this blanket is the same I missed.
RICHARD DAVIES (police-constable C 55.) I was called to Mrs. Ray. nor's on the 21st of Jan.—the prisoner was charged with stealing a blanket and other articles—she at first denied it, but afterwards said she had pledged the blanket, and produced a purse containing the duplicate—in the way to the station she dropped some duplicates, and I found some in her hand—there were nine in all, but none of them relate to this property—Mrs. Raynor produced some other duplicates, which led to the discovery of the whole of the property she lost, except the saw, but the pawnbroker could not identify the person who pawned them—those duplicates were not found till last Saturday, after the prisoner was committed.
JAMES ASHLEY . I am a pawnbroker. This blanket was pawned with me about the 15th of Jan. by the prisoner—on the 18th she came and took off a towel which was round it, and paid 3d. for the towel—she left this wrapper which is round it now in place of the towel—this is the duplicate of it, in the name of Mary Hamilton.
ELIZABETH RAYNOR re-examined. On Saturday last I was taking up the carpets, and found these duplicates hidden under the stair-carpet in the passage, just outside the prisoner's room—they relate to my things—I have one other lodger, who is the son of Mr. Cox, of Newington work-house—the pawnbroker could not swear to the person who pawned them—they are in the names of Clark, Dawson, and Reynolds.
Prisoner. I hope you will be merciful; it was done without any felomous intention; the blanket is the only thing I pledged.
which I got at Mr. Clark's office—I know the prisoner, and was present at her former trial—she is the person—(read—Convicted, the 10th of June, 7th Vict., and imprisoned six months.)
GUILTY . of stealing the blanket. Aged 32.— Confined Six Months.
575. GEORGE MASON was indicted for stealing 8 shirts, value 18s.; 3 shifts, 14s.; 4 gowns, 13s. 6d.; 4 petticoats, 10s.; 5 handkerchiefs, 10s.; 2 blankets, 8s.; 1 table-cloth, 7s.; 4 pairs of stockings, 16s.; 4 towels, 6s.; 2 aprons, 6s.; 3 pinafores, 6s.; 2 sheets, As.; 2 caps, 2s.; 1 pillow-case, 1s.; 1 pair of drawers, 2s.; and 1 basket, 2s.; the goods of Susannah Low, his mistress.
SUSANNAH LOW . I am single, and live in Gouldham-place, Chester-street, Keunington. I am a laundress—on the 9th of Nov. I employed the prisoner to carry a basket of linen to Mr. Pearre's, in St. Martin's-lane—I had employed him on two or three previous occasions—there were in the basket the shirts, shifts, and other things stated—they were worth 5l. 10s.—I have recovered about 2l. worth of them—the articles were under my care—I sent my mother with the prisoner—she returned without him—I did not see him again till the 4th of Jan.—I had been paying 2s. a week for the things from the time of the loss till the prisoner was taken—I have seen some of them in Cox's hands.
SARAH LOW . I live with my daughter. I went with the prisoner on the evening of the 9th of Nov., about five o'clock, to take home a basket of linen to Mr. Pearce's—when we got near the Female Orphan Asylum a coach was coming by so fast that I could not keep up with him—I was nearly run over—he went down Mount-row—I just caught a glimpse of him, and then lost sight of him—I went on to Mr. Pearce's, at I thought he might have been there, but he had not.
JAMES BROOK (police-constable L 118.) I took the prisoner in Chelseaworkhouse—I told him it was for stealing a basket of linen, belonging to a laundress in Gouldham-place—he said he did not know any person living there, and had stolen no linen—I produce some things, which I received, from two pawnbrokers, who gave them up to me.
SARAH COX . I am single, and was in Lambeth-workhouse. On the 9th of Nov. I slept at a lodging-house in King-street—the prisoner was there that night—he had some linen, and asked me to pledge it—I pawned three bedgowns, four shirts, and three pinafores for him—these are the articles which the officer has produced—on the Monday following I pawned two white petticoats for him—I went with another young woman, who pawned the articles produced by Mr. Sharp—the prisoner said he got them from Gouldham-place, Chester-street, Kennington.
Prisoner. I received the things, and went on to Westminster-bridge; Cox and another woman stopped me, and got talking to me; we went into a house, and had some beer; I got up, and in the meantime Cox and the other woman came out with the basket; I came out, and asked them for it; they said, no, they would carry it a bit further; they went away, and I went to the lodging; they came home, and I asked Cox where the things were; she told me not to make a piece of work, she had pawned them.
the things to pawn till he could get them again—I was round the house at the time the property was taken home—he said he stole them, but not before I had pawned the first lot—he came round to Lambeth-workhouse to me, which is not any distance from Chester-street—it is twenty minutes walk from the Orphan Asylum.
ELIZABETH BARTLETT . I live in Charles-court, St. Martin's lane—the prisoner used to bring clothes to me from Mrs. Low, the laundress—she had some linen to wash for me, which ought to have come home on the 9th of Nov.—they did not come—Sarah Low came and said, "Has the young man been?"—I said, "No, you have not lost the clothes, have you?"—she ran away in all directions to look for him.
SUSANNAH LOW re-examined. Q. Were any articles belonging to Mrs. Bartlett, which ought to have been delivered to her, in that basket that the prisoner had? A. Yes—these are some of the articles, but not half the things have been found, and I have lost my work.
Prisoner's Defence. I had no intention of stealing it; it was through Cox and some woman who was with her; I helped the old lady across the road, and then on to the Marsh-gate; I was going the right way, when I met Cox and the other woman.
GUILTY . Aged 21.— Confined One Year.
HENRY WHEELER . I live in Carlisle-street, Lambeth, and am a labourer—I met the prisoner about one o'clock in the morning, on the 20th Jan., just by the Horns, at Kennington—it was a very wet night, and I had an umbrella—the prisoner appeared intoxicated, and she asked to come under the umbrella—I told her she had better go home, but she persevered, and came under my umbrella—she had not gone far before I found her hand in my pocket—I suspected my watch might go, and I put the chain inside—I took hold of her hand, and kept it—I saw the policeman, and I gave her to him, and I told him she had robbed me—he took her, and gave me his light to walk behind them—I saw her drop a sixpence and some coppers, and soon after a half-crown and some more coppers—I had had one half-crown, two shillings, a sixpence, and fourpence, which was perfectly safe when I left a friend at Brixton—it had taken me about an hour to walk from there to Kennington—I had felt outside my pocket several times on the road.
Prisoner. I asked to Walk under his umbrella, and I had not walked far before he put his hand into my bosom; I said, "I have some money there;" he said, "It is mine," and he gave me to the policeman, in the way to the station it slipped down, as I had no busk to my stays; there were two half-crowns, one shilling, and some half-pence; he did not mention about any half-crown till he found one; he only said shillings.
JAMES DRAPER (police-constable L 70.) I received the prisoner in charge—she had been drinking a little, but the prosecutor was quite sober—he charged her with robbing him of a half-crown, a shilling, and fourpence in coppers—she denied it—just before we got to the workhouse she dropped a sixpence and two penny-pieces, and just before we got to the station she dropped a half-crown, two penny-pieces, and a halfpenny—she said there was a shilling more, but we did not find that—she said there was a hole in
her pocket, but we searched and could not find one—fourpence in copper was found on her.
Prisoner. I had no pocket on; it is not likely I should say I had a hole in it.
Witness. She had—I examined her pocket, and some snail piece of biscuit were in it, and fourpence in halfpence.
HENRY WHEELER re-examined. I had four penny pieces—there were four penny-pieces and a halfpenny found in the road, and fourpence in her pocket—I am quite clear I felt her hand in my pocket, and then missed my money.
Prisoner. The prosecutor has been to my friends trying to extort money from them. Witness. No: the parties called on me, and wished me to do so—I said, No, I had given the evidence, and I must proceed with it.
SAMUEL GARDNER (police-constable L 193.) I produce a certificate of the prisoner's former conviction, which I got from the clerk of the peace at Newington—I know the prisoner, she is the person described in this certificate—(read—Convicted on the 5th of July, in the 5th Vict, and confined twelve months.)
GUILTY . Aged 28.— Transported for Ten Years.
GUILTY . Aged 25.— Confined One Month.
JOHN WILLIAM BADCOCK . I keep an eating-house in Blackman-street, Borough. The prisoner was in my service as a porter for a week—on the 14th or 15th of Jan. I gave him 10s. to pay to Mr. Knight, in the New Cut, and gave him an account-book, with the written direction in it—he did not return—I afterwards met him, and gave him into custody.
Prisoner. I went to a public-house; I had this money, and some coppers in another pocket; a party came in, and asked me to drink, which I did, and that and what I had before took effect on me, and I fell asleep; I awoke in half an hour, and left the house; when I got to the corner, I found this money had been abstracted, and the book likewise.
Witness. I asked him what he had done with the book—he said he lost it—I did not ask him about the money.
ELISHA JABEZ KNIGHT . I am an oilman, and live in Charlotte-street, New Cut. The prisoner did not pay me 10s. on the 15th of Jan.—I never received any money at all from him—there was an account between the prosecutor and me, and 10s. a week was to be paid off it.
GUILTY . Aged 25.— Confined Six Weeks.
Before Mr. Common Sergeant.
579. WALTER NEWMAN , GEORGE EARLY , and WILLIAM DEACON , were indicted for stealing 3 aprons, value 1s. 6d.; 2 shifts, 1s. 6d.; and 1 night-gown, 6d.; the goods of Jane Jones: 1 pair of stockings, 1s., the goods of Isabella Bagnall: 9 pairs of stockings, 10s. 1 table-cloth, 9d.; 2 pillow-cases, 1s. 6d.; 1 pair of drawers, 6d.; 9 towels, 4s. 6d.; and 1 shift, 6d.; the goods of Melville Sherriff : and CHARLOTTE PROBERT and MARY ANN PARSLEY , for felonously receiving the same, well knowing them to have been stolen; against the Statute, &c.
ELIZABETH SHERRIFF . I am the wife of Melville Sherriff—we life in Albany-street, Camberwell. On Wednesday evening, the 22nd of Jan. I had a quantity of linen hanging in my garden, which is inclosed, and has a ditch at the bottom—the linen was safe at a quarter past seven o'clock, and was missed at half-past seven—I have seen some of them since in the hands of the officer—I have seen a pair of stockings belonging to Isabella Bagnall, some aprons and other things of Jane Jones, who is my servant—I know all the things.
WILLIAM MORTON (police-constable P 289.) On Thursday morning, the 23rd of Jan., between eleven and twelve o'clock, I took Newman into custody on another charge—he looked bulky, and I found this table-cloth round his body, which Mrs. Sherriff has identified—I took him to the station—he said be resided in the Mint, in the Borough; but I had reason to believe he did not—I went to York-street, and found some lodgers had come to a house in a little street, called James-street—I went there, and knocked at the door—Early looked out, and I said, "I want to speak to you"—Deacon and another were at the window—Early then put down the window—I waited, and then knocked again, but got no answer—I waited some time, and then went through the next house, and got in—I went up stairs, and found the two female prisoners in the room I had seen the men looking out at—I asked them where the men were—they said they did not know anything of any men—I then asked what the front door was locked for—they said the landlady was out, and had taken the key—I asked which way the landlady was gone—Probert said she did not know—I said, "I suppose you are landlady yourself"—she said, "I am," and said Parsley took that room of her which they were both in—I then came down, and saw a quantity of linen hanging to dry in the front parlour—I asked them both who that belonged to—Probert said, "It belongs to me part of it, and part of it I have got to wash for a person"—I asked who the person was—she said she could not give me any name or residence—I then said to Probert, "I shall take the linen and you too"—I packed part of the linen, and another officer packed up another part—we took it away—there were three shifts, two night-gowns, and an apron, which have all been identified—Probert said, "I brought this all upon myself; I had no right to be here; my friends are respectable; I wished many times the things should not be brought in"—I asked who brought things in—she said different youths, and she would say no more—I found this poker in the lower room, which answers the purpose of a crow-bar, and a skeleton key was found in the house—I knew all the prisoners before—Probert cohabits with a man named Brent, and I have frequently seen Parsley with Early, whom I knew by the name of Jackson.
Parsley. He never saw me in his life; I was not in the house till a week before I was taken. Witness. I have seen her eight or ten times—she was residing in a little court a little distance from Probert.
Albany-road, and this apron, which is claimed by Mrs. Sherriff—I found two caps in Parsley's room, and this skeleton key in the room below, which is, I believe, occupied by Brent, who is not in custody.
JAMES BAKER (police-constable P 98.) I went to the house, No. 1, James-street, York-street, where the prisoners live—I'found two nightcaps, and this old sheet in Parsley's room, which are identified by Mrs. Hill, and I found this towel in that room, which is identified by Mrs. Sheriff.
Parsley. I can be on my oath these things were never in my room; they are brought here to bring me into it.
ROBERT BEALE (police-constable P 239.) I went to the house with Morton—I found nine stockings in Probert's room, the lower room, and two pillow-cases—they have all been identified by Mrs. Sherriff—Probert said she was landlady of the house.
JOHN ELDRIDGE . I live in Bond-street, Vauxhall. I let the house, No. 1, James-street, to Probert, as a weekly tenant, for 4s. 6d. a week—Parsley was with her when she took it—there are four rooms in it.
JAMES ROGERS (police-constable P 83.) I was on duty in Albany-road, Camberwell, on the 22nd of Jan., about half-past seven o'clock in the erening—I saw Newman, Early, and Deacon, and two others, standing about a dozen yards from Mr. Sherriff's house—I am sure they were together—I knew them by sight—that was about half a mile from No. 1, James-street.
Early's Defence. I have a witness to prove I was at home with my father-in-law, shoe-making; I had been there all day, and was at work till eight o'clock in the evening, in the back-room down stairs, at No. 17. Regency-place, White Hart-street, Kennington; it is quite false saying that I was in the house at James-street, looking out at the window.
Deacon's Defence. I was at home at the time they say the robbery was committed, at No. 13, Peacock-street, Newington, sitting by my mother's fire; she is a laundress; it is quite false about my looking out at window.
Probert's Defence. I was out that night from six o'clock till past ten; I was not aware of the things being there; I have witnesses to prove I was at No. 1, Peacock-street, sitting with two females; I did not receive the things, nor do I know who brought them to the house.
Parsley's Defence. I took that room, and at the time the knock at the door came, the landlord came up, and they all came up, to see who it was knocked; they all went down, and made their escape; the landlady was in the room with me; I never knew there was anything of the kind in the house; I never received it; Deacon was not in the house.
Newman's Defence. On Thursday morning, the 23rd of Jan., I went down to see Mr. Brent, whom I have been working for; he is the brother of this man, and keeps a greengrocer's shop; he asked me to go to his brother, to know if he would go for some apples; I said I did not know where he lived; he said, "At No. 1, James-street, York-street;" I went there, and he told me to go tell his brother he could not go out that day, as his shoes were bad, and he had cut his foot; he had a table-cloth, and asked me to go and sell it for him; I said, "Where?" he said I must go and try, and all I got over 4d. I might have; I was going, and the policeman took me; is was not round my body; my jacket was buttoned, and it was under it; I worked for Mr. Brent all last summer.
JOSEPH DEACON . I am the father of Deacon. The policeman says he was looking out of the window of Probert's house about half-past ten o'clock on the Thursday morning, prior to his being taken—I know he was at my house at half-past ten, and from that till about twenty minutes to twelve—he was cleaning himself to go to look for a place—he cleaned himself in the wash-house in the yard down stairs—the house consists of four room and a washhouse—the laundry is up stairs—he was cleaning himself in the yard down stairs—I saw him there for about an hour, and before that he was in the next house—he then came and cleaned himself for an hour, and then I believe he was at the top of Peacock-street—Mrs. Brown saw him—she is coming, I believe, for Probert—my son has been at work with me—I am a carpenter—he was in place at Mr. Ireland's, a greengrocer's, before he worked for me.
ELIZA BROWN . Probert was at my house last Wednesday fortnight—she came at half-past five o'clock, and did not leave my place till half-past ten or a quarter to eleven—she lives with Brent—I know on the Thursday morning, about ten o'clock, Deacon came to our house for some apples, and he was about the top of the street from that time till half-past eleven or twelve—he was not at his own place.
Early. The officer states that he knew us, and I have only left Mr. Stewart's five weeks; he states he has known me twelve months.
WILLIAM MORTON re-examined. I have known the whole of them twelve months—the last month or two I have frequently seen them with Brent—constantly associating together—I took Newman between eleven and twelve o'clock on Thursday the 23rd, but it was full half-past twelve before we went to the house.
NEWMAN*— GUILTY . Aged 16.
EARLY— GUILTY . Aged 17.
DEACON*— GUILTY . Aged 17.
PROBERT— GUILTY . Aged 22.
PARSLEY— GUILTY . Aged 27.
Transported for seven years
Confined One year
580. WILLIAM CLIFFORD was indicted for stealing 1 tobacco-box, value 1s.; 2 half-crowns, 4 shillings, 3 pence, and 6 halfpence, the property of William Farrar Copestake, from his person; and that he had been before convicted of felony.
MARY ANN ROGERS . I am a widow, and live in Isabella-place, Black-friars. On the 15th of Jan. I met the prosecutor in Blackfriars-road and went into a public-house with him—we had been to a coffee-shop first and then went to the public-house, and had part of four half-quarterns of brandy—he got rather the worse for liquor, and I led him away from the bar, as there were so many coming in and out—he fell down on the pavement, and his hat fell off—the prisoner came up to him and I thought he was going to pick him up—instead of that I saw him put his hand into his right-hand pocket and take some money out—he left him lying there and went off—I called "Police!" and another female said "Stop thief!"—I ran after him and the policeman stopped him half-way down the next street—he struggled with the policeman, and I heard some money fall as the prisoner was given in custody—I saw a half-crown and several shillings with the prosecutor before he came out of the public-house.
Cross-examined by MR. HORRY Q. Do you know the female who
called out? A. I cannot say that I do—I said, "Police!"—the prisoner said, "Don't call Police"—I did not ask the prosecutor to go into the public-house—he asked the policeman where there was a public-house open—he was standing at a coffee-stall when I first saw him—he and I had a cup of coffee each—he said he wished for a glass of something to drink—I do not know how much he drank—there were a number of persons in front of the bar—he said he lost gold, but I did not see it—I went out of the house with him, and I had hold of his arm, trying to lead him out from the crowd of people—he was not going home with me—he said he had a wife—he fell down, but whether he fell over the curb at the door, or was shoved with the crowd of people, I cannot tell—there was no one about where he fell but him and me—I was left a widow with three children, and get my living the best way I can.
WILLIAM FARRAR COPESTAKE . I am a printer. I remember being with Rogers on that morning, and going into a public-house in Westminster-road—I had then two sovereigns, two half-crowns, some shillings, and some coppers—some part of it was in a tobacco-box—I had no money; that I know of, in my waistcoat pocket, but I do sometimes put money in another pocket—when I came to myself I had only 8 1/2d. left.
Cross-examined. Q. You complained of the loss of your sovereigns before the Magistrate? A. I said I had lost some money, and I believed there was gold—I had seen my gold safe about two o'clock when I was in Holborn—I cannot say whether it was in my right-hand trowsers pocket, with some silver—I recollect drinking at a coffee-stall—I do not recollect whether Rogers asked me for something to drink—I went to several public-houses and they were shut—a policeman told me that Leadbitter's was open.
DENNIS DONOVAN (police-constable L 71.) About a quarter-past four o'clock that morning I heard a cry of "Stop thief!"—I stopped the prisoner and took him to the station—in going along I saw him rumbling with his hands from one pocket to another, and some money fell—I took one of his hands, and found a half-crown in his fist—I called Pegrem with a lamp, and told him to look for some money which fell—the prisoner resisted very much, and was running very hard when I stopped him.
Cross-examined. Q. He was searched, and no money found on him? A. Yes.
DAVID PEGREM (police-constable L 161.) I saw the prisoner in the custody of Donovan—he was trying to get from him—I saw the prisoner throw something from his left hand—it sounded like money—I heard one piece of money fall on the pavement.
Cross-examined. Q. The pavement and the road were searched, and only one penny fonnd? A. Yes.
Prisoner's Defence. I had a sister lying dead, and was making haste home to my brother; I told the policeman I had a half-crown and a shilling; the penny he knocked out of my hand.
WILLIAM MILLERMAN (police-constable B 95.) I produce a certificate of the prisoner's conviction, which I got at Mr. Clark's office—(read—Convicted 17th June, 2 Vict., transported for Seven Years)—the prisoner is the man—he has been convicted since, and had three months.
GUILTY . Aged 22.— Transported for Ten Years.
ADJOURNED TO THE 3RD OF MARCH, 1845.