CENTRAL CRIMINAL COURT.
FIFTH SESSION, HELD MARCH 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, March 3rd, 1845, and following Days.
Before the Right Honourable MICHAEL GIBBS , LORD MAYOR of the City of London; Sir James Parke, Knight, one of the Barons of Her Majesty's Court of Exchequer; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir John Williams, Knt., one other of the Justices of Her Majesty's Court of Queen's Bench: Sir John Key, Bart.; Thomas Kelly, Esq.; Sir John Pirie, Bart.; John Humphery, Esq.; and Sir William Magnay, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; John Johnson, Esq.; Sir George Carroll, Knt.; James Kinnersley Hooper, Esq.; Thomas Challis, 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. FIFTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, March 3rd, 1845.
First Jury, before Mr. Recorder.
580. THOMAS HOWELL, FREDERICK SMITH , and ROBERT FRANKLIN , were indicted for burglariously breaking and entering the dwelling-house of George Warrener, about ten in the night of the 10th of Jan., at St. Edmund the King and Martyr, with intent to steal, and stealing therein, 2 rings, value 5s., the property of Felix Gatayes.
MR. ROBINSON conducted the Prosecution.
ELIZABETH ANN HUGHES . I was house maid in the service of Mr. George Warrener, who keeps the George and Vulture hotel and tavern, George-yard, Lombard-street, on Friday, the 10th of Jan., but am not so now—at eight or ten minutes after ten o'clock that evening, I went up to the room No. 6, to light the fire—I put the key, which I had got from the bar, into the door, and found the door was unlocked—it was always kept locked—I had a candle with me—I went as far as the bedstead, and heard some person breathe—I went to a table, which was in the middle of the room, and saw two men—it was the prisoners, Howell and Smith—they were standing upright—I did not see them doing anything—they ware between a chest of drawers and the bedstead—the drawers are about half a yard from the bedstead—they were close to the drawers—I asked them, "How dare you in here?"—they mentioned Mr. Gatayes' name, but nothing more—one said, "Mr. Gatayes," (which is the name of the gentleman who occupies the room)—I ran to the door, and tried to lock them in, but I had not power—they forced the door, and pushed it open against me—I ran to the top of the stairs—I screamed out—they ran after me down the stairs, caught hold of me by the back of my neck, and put their hands across my mouth—I
was screaming, "Murder!"—Mr. Warrener came out, hearing me scream, and took them into custody at the foot of the stairs.
Cross-examined by MR. PAYNE. Q. I suppose you were a good deal flurried? A. Very much so—it is a good-sized room—the bedstead is between the door and drawers—I was not many minutes in the room—I ran out of the room first—they ran after me—I had a good opportunity of seeing their faces in the room, and am certain of them—I had never seen them before—there is a passage to the George and Vulture, and you have to cross a stone hall, before you get to the tavern part—a person can easily get to the foot of the stairs—it opens into a court—there is a public thoroughfare through it, but a person has to walk into the hall from the thoroughfare, before they reach the stairs—the hall is on the left hand of the passage, and the stairs a few yards from that.
COURT. Q. How close were the prisoners to you when Mr. Warrener seized them? A. One was close against my side—there was no opportunity for two other persons to come in, and the men in the room to escape—there was Mr. Warrener and another gentleman at the foot of the stairs—no person had come up the stairs—I am quite certain of the prisoners, they stood upright before me.
MR. ROBINSON. Q. You took a light into the room? A. Yes, and it was knocked out of my hand on the stairs—I had it in my hand when I was looking at them, and their faces turned towards me—they came behind me on the landing—I was before them all the way down stairs—nobody passed me on the stairs—I saw Mr. Warrener take them, and they are the persons who came down the stairs.
COURT. Q. How long was it between your light being put out, and Mr. Warrener seizing them? A. Till I got down one flight of stairsthere is light on the lower flight of stairs, as there is gas in the hall, which shows a light all the way up.
MR. ROBINSON. Q. There is a passage through the house, but must you get through a door to get to the stairs? A. A doorway, but not a door.
GEORGE WARRENER . I am landlord of the George and Vulture, George-yard. On Friday night, 10th Jan., I was in the hall, and heard screams—I opened the hall-door, then went to the hall on the opposite side of the passage, and found the two prisoners on the stairs with the last witness, all tumbling down stairs as hard as they could scramble—nobody was with me—the prisoners and the girl were on the staircase, and nobody else there—I collared them both, took them into the other hall, across the passage, and kept them in custody till the police came—they resisted—both used violence—I have not yet recovered the use of my thumb—Mr. Gatayes occupied this room—my house is in two parishes, but the part of the room in which the prisoners were first seen, and the door of the room, is in the parish of St. Edmund the King and Martyr, the door, the bed, and the chest of drawers, and the space between them—part of the room, is in the parish of St. Michael, Cornhill—it is generally the custom to lock the room No. 6—I had not seen the key hanging up previously—it always hangs in the bar, when the room is locked but if it is not locked, the last witness would have the key—I was present when Howell was searched at the station—a key was brought to my house by the police-inspector—I tried it myself to the door of No. 6—I did not mark the key, but it was one like this—(looking at one)—it opened No. 6—some rings are missing—we have had the room searched, and cannot find them.
Cross-examined. Q. You know nothing about the rings? A. No—we have a practice of hanging the keys up below—a guest could come and take his key, and unlock his room—when the servant called out, I saw Howell and Smith, about half way up the first flight of stairs, running down—there was no gentleman with me—one of the Waiters came out of the servants' hall, and was in the hall at the time, but I was at the foot of the stairs, and caught hold of them at the foot of the stairs—I swear I saw Howell half way up the stairs—a person could not have come in from the passage, and get there, after I heard the cry, without my seeing them, because I was on the alert—I had received information, and was waiting in the hall, in case anybody should come—I was close to the passage, and immediately crossed the passage into the other hall, to the foot of the stairs—the tavern is not a public thoroughfare—one entrance is in George-yard, the other in St. Michael's-alley—one in the parish of St. Michael's, Cornhill, the other in St. Edmund the King.
MR. ROBINSON. Q. But the door that parts them? A. That is in the parish of St. Edmund the King, the same as the bed-room and drawers—the inner doors are both in the parish of St. Edmund the King—the doors leading to both halls are so—the prisoners could come in without breaking an outer door—they are always open till dark—I was eight or ten feet from my waiter at the time I apprehended the prisoners—nobody came in before I seized them—I was in a position to see if anybody came in.
FELIX GATAYES (through an interpreter.) I have been lodging at the George and Vulture, and had been there six weeks or two months on the 10th of Jan., in the bed-room, No. 6. I was in the room last before this transaction on the 10th of Jan., at half-past five o'clock—I came down and put the key in the bar—I had locked the room door on coming out of the room, and never went up again till half-past ten—I missed two rings which I had seen that morning in the drawer of my dressing-table—one was a snake ring, and the other a topaz—they were worth about two sovereigns.
Cross-examined. Q. Will you swear it was not the day before, and not that morning, that you had last seen the rings? A. No, it was about ten or eleven the same morning—I put them into the drawer that same morning—I have worn them for ten years; but the snake ring was broken, and I put it off to have it mended—I did not wear the topaz so often—I never had an impression that it was the night before that I put them into the drawer—the snake ring was broken that morning—I was not asked that before—I have not seen them since—I recollect perfectly well locking the door of the room that night, and taking the key down at half-past five, and putting the rings into the drawer—there was no lock on the toilet drawer.
HENRY TAYLOR . I live at No. 5, Henry-street, Gray's Inn-lane, and am a cab-driver. On the 10th of Jan., I was on the St. Paul's rank, Cheapside-end—about nine o'clock, or it might be ten minutes after, I was called off by the prisoner Franklin and the two others—I cannot swear to the other two prisoners, but believe they are the two—they told me to drive to the George and Vulture-yard, to pull up before I got to the George and Vulture-yard—I was told to stop in Lombard-street, which I did—one end of George-yard goes into Lombard-street—when I got there, two of them got out—I believe it was Smith and Howell—Franklin remained in the cab for about twenty minutes—the two who got out went up George-yard—I
know the George and Vulture—they went in that direction—Franklin remained, I suppose, about twenty minutes in the cab—he then got out and went up the yard, in a direction of the George and Vulture—he returned in about ten minutes, and sat in the cab again—he put the glass up, and said, "They are keeping us a long while, but I will see that you are paid"—he went up the yard again about ten o'clock, and I did not see anything more of him till I went to Moor-lane station—he did not return to me—(I had been on the stand about half an hour when Franklin called me)—I saw the police-inspector at near twelve o'clock—I was waiting there all that time, and in consequence of what the inspector said, I went to the station, and saw all the prisoners—I could positively swear Franklin was the party who was in my cab, and believe Howell and Smith to be the parties in the cab with him, but could not swear to them—I said so at the time.
Cross-examined. Q. Were you not taken twice to the police-cell by the policeman? A. Yes—I said the first time I could not swear to Howell and Smith—the policeman did not try to persuade me to swear to them—I was there a few minutes the first time—I went again not many minutes after—I think the policeman said he thought they must be the men, and asked me to go to see them again—I said, both times, that I could not swear to them, as I say now.
Franklin. Q. You say I called you off the rank? A. I heard a call of "Cab!" and pulled up—I do not swear that you called me—I say, you and two others called me—when the two got out, I attended to my horse—I saw the men go round the corner into the yard, which is the direct road for the hotel.
COURT. Q. Does the yard lead to any place but the George and Vulture? A. Yes, I believe there are warehouses up the yard—the George and Vulture gateway is right opposite—I did not keep them in sight after they entered the gateway—all I mean is, they went in a way that would lead there—they told me to drive to the "George and Vulture yard"—they called it by that name, but told me to stop before I got to the yard.
EDWARD FITZGERALD . I am a waiter at Lloyd's. On the 10th of Jan., about ten minutes before ten o'clock, I was at the George and Vulture—I saw the prisoner Franklin in the servant's hall, which is on the hotel side of the house—there is a passage—the servants' hall is on one side, and the tavern on the other—the servants' hall is for the servants employed in the house—on my looking at Franklin he said he took it for a beer-shop, or some new house—Mr. Warrener keeps the place at Lloyd's which I am at, and it is my custom to go to the George and Vulture after business is over—nobody else was in the hall at the time, he walked out—I went out as far as the passage, and saw him walk down George-yard—I then went into the tavern side of the house, into the kitchen, for some coals, and on returning into the hall with the coals I saw him again, coming up George-yard, from Lombard-street, close to the house, this was scarcely ten minutes after I first saw him.
JANE RICHARDSON . I am housemaid in Mr. Warrener's service. On Saturday, the 11th of Jan., at half-past eight o'clock in the morning, I was passing through the hall, on the hotel side, and at the foot of stairs which the parties are described as coming down, I picked up five keys and a glove—I took them into the bar, on the tavern side, and laid them on the table—they were given to Mr. Warrener—these are them—(looking at
them)—they were about two feet from the foot of the stairs, in front of the stairs, and rather concealed by the mat.
THOMAS BURT (City police-constable, No. 536.) On the evening of the 10th of Jan. I took the prisoner Howell into custody from the George and Vulture tavern—Mr. Warrener gave him into custody—I took him to the station, searched him, and found, in the lining of his coat, between the cloth and lining in the skirt, four keys, a screw-driver, and some lucifer matches—this key will open the room No. 6—I tried it—I have had them in my possession ever since I was at the Mansion-house—before that they were in custody of the inspector, Marchant—this one was marked before I parted with it—the others are like what I found—three of the matches have been used.
Cross-examined. Q. When did you mark this key? A. When I received it from the inspector, on Saturday, the 11th—I tried it between nine and ten in the evening—I have had them in my possession ever since—when I took this key from his person I gave it to the inspector—I saw it locked up in the station—I saw it produced from the same cupboard—there might be other keys there, but not in this paper—the inspector put them in the paper as I took them from the prisoner's pocket, and put them in the cupboard in my presence—I saw them next when I went to the Mansion-house—I carried them from the station to the Mansion-house—they were taken out of the same cupboard as I had seen them put, by the station clerk.
COURT. Q. Were you with the inspector when Mr. Warrener unlocked the door with some keys? A. No.
MR. WARRENER re-examined. I got the key which unlocked the room No. 6 from the inspector—there was a policeman with him at the time—it was at the George and Vulture, before I went to the Mansion-house, about nine o'clock in the morning—I returned it to the inspector again.
THOMAS BURT re-examined. It was about eleven o'clock the keys were delivered to me to go to the Mansion-house—they were kept at the station—I know nothing of the inspector taking them to the George and Vulture in the mean time—the key was marked on Saturday—I can swear it was such a key as this I found on Howell.
JOHN BRETT (City police-constable, No. 514.) On the evening of the 10th of Jan. I was on my beat in Lombard-street at nine o'clock, passing along near the engine-house, at twenty-five minutes or half past nine o'clock—I saw a cab standing there, and somebody inside—as I passed the cab he shoved up the window of the cab—about ten minutes after I heard a cry of "Police!" as I was in Ball-alley—it seemed to come from the George and Vulture end of George-yard—I immediately ran to the George and Vulture—there was a great crowd of people—I went inside and took the prisoner Smith from Mr. Warrener—I took him to the station, searched him, and found a skeleton key, two latch keys, a knife, and snuff-box on him, and about 4s. 6d., which was delivered to his wife—these things have been in my possession ever since—I took Smith from the station to Moor-lane station—he said on the road, "These two poor innocent b—rs had nothing to do with it"—the prisoners were all three going together, but I had Smith—they were following him—he said, "I am the bl—y thief; would not you go into a house if you thought you could get anything?"—and just before we got to the station he knocked his hands and said, "D—n it, you have got the lot"—he might have had a
drop to drink—he tried to appear drunk, but I believe he was not drunk—he said, "Oh it will only be a drag! they cannot give us more than three months for it."
Smith. My wife came and spoke to me on the way to the Mansion-house; you pushed her away; I said you was no man to push a woman in that manner, and because I said that did not you say, "I will put in a word for you, my boy, when I get up?" Witness. I did not—the woman insisted on taking hold of your arm—I pushed her away.
Smith. I never said a word that he has uttered.
ROBERT CROWE (City police-constable, No. 469.) On the 10th of Jan. I was called to the George and Vulture, and found Smith and Howell in custody about a quarter past ten o'clock—I went with Mr. Warrenerand saw Franklin in Fenchurch-street, about 200 or 300 yards from the George and Vulture, following the other prisoners, on the opposite side, as they went along to the station in custody—I followed him down Rood-lane, till we came to St. Mary-at-hill, and then I took him into custody—I searched him, at the station, and found a bag upon him, concealed in his hat, also half-a-crown, two fourpenny pieces, and 1d.—after I had searched Franklin, Smith turned round to me and said, "D—n it, jot have got the lot of us; they can give us only three months a-piecc"—I said that was for the Lord Mayor to decide to-morrow—Franklin gare me an address at No. 40, South Moulton-street—I did not go there myself.
Franklin. Q. Were there no other persons following them to the station? A. No, no strangers—only Mr. Warrener and Fitzgerald.
MR. WARRENER re-examined. I know nothing of the keys found at the foot of the stairs—I took them from the bar-table after the servant pot them there, and gave them to inspector Marchant.
WILLIAM MARCHANT . I am a police-inspector. On the 10th of Jan. Mr. Warrener gave me five keys, which I gave to Burt—I saw Howell searched at the station, and some keys found on him—these are them—I locked them up at the station, and next morning, between ten and eleven o'clock, I tried one of them myself to the room No. 6—I got that key from the cupboard—I returned it to the cupboard again—I kept it till I gave it up to Burt.
Cross-examined. Q. When did you give it him? A. On the Saturday, between ten and eleven o'clock, I think—I gave it to him at the Mansion-house, to produce before the Lord Mayor—I had seen Burt find them on Howell—I locked them up—the key of the cupboard was in the station—the station clerk had charge of the lock-up place as well as me.
COURT. Q. Did you take the key from the place you had put it orernight? A. Yes, and after trying it to the room I gave it to Burt, at the Mansion-house—I did not return it to the cupboard—he brought it back, and I told him to keep it till the trial.
MR. PAYNE. Q. It was not taken from the cupboard in Burt's Presence? A. No—I think I went from Mr. Warrener's house to Mansion-house—I had no other keys in paper besides these—I think Burt did not see them taken from the cupboard on the morning of the 11th—I will not be certain—I did not go to the station, after being at Mr. Warreneri, before I went to the Mansion-house.
MR. WARRENER re-examined. The dressing-table is near the wiodow, not in the parish of St. Edmund the King and Martyr, but St. Michael's,—the
outer door, that leads to the staircase, is in the parish of St. Edmund the King and Martyr.
Franklins Defence. It is entirely false; I had nothing to do with the transaction; I certainly was in the cab, I do not deny that; but these were not the parties that were with me; I passed through the house, into the servant's hall; I was looking after my friends, and I made the observation to the waiter that I thought it was a beer-shop, or public-house; then I came back, and I was walking up and down the yard, when I suppose he saw me the second time; shortly after that, I went back to the cab; I stopped there a few minutes, and got out again. I made the observation, which the cabman states, that they were a long time; I walked up the yard, and heard the cry of "Stop thief!" I went and I followed the parties; several others were following; the policeman says there was no other person following; is it likely, that two persons should walk along in custody, without attracting the observation of a single individual? I say thirteen or fourteen persons were following; I was on the other ride of the way; if only Mr. Warrener and Fitzgerald were following, is it likely I should have been passing along there towards the station, if I was guilty? With regard to the bag found in my possession, I am a tailor, and use it in my trade to carry home my work in; I gave the cab man half the fare before I left him the second time.
HENRY TAYLOR re-examined. He did not pay me—he returned after be first went up the yard, and sat in the cab about ten minutes—he then went up the yard again, and I saw no more of him till he was in custody—he paid me nothing.
HOWELL*— GUILTY . Aged 27.
SMITH*— GUILTY . Aged 31.
FRANKLIN— GUILTY . Aged 23.
Of burglary in the parish laid in the indictment, but not of the Larceny. Transported for Ten Years.
OLD COURT.—Tuesday, March 4th, 1845.
Second Jury, before Mr. Recorder.
581. WILLIAM STEWART, alias Sturt , was indicted for feloniously and knowingly uttering, on the 20th of Dec., a forged request for the delivery of two embroidered wove shawls; also one on the 24th of Dec., one for the delivery of three or four scarf-shawls; and another on the 28th of Dec, for the delivery of a piece of black silk; with intent to defraud John Bradbury and another; to all which he pleaded
GUILTY .* Aged 26.— Transported for Seven Years.
NOT GUILTY .
583. THOMAS KING, alias Collins , and JOHN CUMMINS, alias Clements , were indicted for feloniously breaking and entering the dwelling-house of William Norcot, on the 6th of Feb., at St. Pancras, and stealing therein 1 stuffed bird and case, value 4s.; and 1 time-piece, value 10s.; his property; and that they had been before convicted of felony.
MARTHA NORCOT . I am the wife of William Norcot, and keep a tobacconist's shop in King-street, Camden-town, in the parish of St. Pancras; the house is my husband's. On the afternoon of the 6th of Feb., about
five o'clock, I went into the passage of the house from the shop, and saw the prisoner King with my stuffed bird and case under his arm—it had been hanging up on the first-floor landing—this was on the ground-floor—the door at the foot of the stairs was a little open—I had come down stairs about five or six minutes before, and closed that door after me—the latch had caught—the bird was then safe—I asked King what he had there—he did not answer me—in a minute or two I looked up the stairs, and saw Cummins—he came down, and begged of me to forgive him, and he would never do it again—I missed a time-piece stand from the mantel-piece on the second floor—I found that behind a box on the first-floor landing—it had been removed from its proper place.
Cross-examined by MR. PRENDERGAST. Q. Where were you sitting? A. In my shop—there were other persons in the shop—persons could get to the staircase without my seeing them—a door parts the shop from the passage—it is a private house, and the parlour is used as a shop—I had never seen Cummins before, to my knowledge—he did not say somebody had told him to go in there, but I was so confused I really cannot say what he said—he begged I would let him go, that he would not do it again, it would be a warning to him—I am sure he said that.
WILLIAM SHELLY . I live in Little George-street, Hampstead-road, and and an errand-boy. I was passing the prosecutor's house on the 6th of Feb., and saw King go into the prosecutor's house, through the street-door, which was open—I did not see Cummins go in, but on King's opening the inner door wide enough to get through, I saw Cummins on the stairs—he had something in his hand, which he handed to King—I knocked at the shop-door—Mrs. Norcot came out, and I gave the alarm—King was in the passage, with the bird and case under his arm—he said I little girl had given it to him—Cummins came down.
King. Cummins never gave me anything, and he never said so to the Magistrate. Witness. I did not see what it was that was given.
Cross-examined. Q. All you saw was a sort of motion? A. No, I saw a case given to him—I knew what it was directly he brought it against the door.
Cross-examined. Q. What is this? A. A stuffed owl—it has every appearance of a stuffed one.
MRS. NORCOT re-examined. This is my stuffed bird—it was bought si it is, with the case—this time-piece stand is also mine,
CHARLES GRINHAM . I produce a certificate of Cumrains's previous conviction, from the Clerk of the Peace at Clerkenwell—I was present at his trial—he is the person—(read—"Convicted 20th Feb., 1842, of larcery—confined Three Months.")
Cross-examined. Q. Are you quite sure of him? A. Yes, I saw him and another go and commit the offence—he was apprehenhed by another constable—I saw him afterwards in custody, and was present at his trial—I have been in the habit of seeing him since his imprisonment almost every week—I know his person well.
convicted of horse-stealing on Hampstead-heath—(read—Convicted on 28th Feb., 1842, &c., confined One Year.)
KING— GULITY . Aged 19.
CUMMINS— GUILTY . Aged 17.
Confined One Year.
MOSS ANSEL . I am a clerk in the Accountant-General's office, in the Court of Bankruptcy. On Wednesday night, the 19th of Feb., I was at Mr. Cantor's, No. 6, Houndsditch, in a room adjoining the shop—it is parted from the shop by glass—I was looking through the glass, and saw the prisoner and another lad enter the shop—I watched for about a minute, and saw the prisoner take up a bale of sponge—he was ia the act of handing it to a boy, who was outside, when I ran out and collared him—the prisoner had the bale of sponge in his arms, and was stooping with it between the door and the passage—I knocked the sponge out of his arm with my knee, and put my foot upon it—I secured him, sent for a police-man, and gave him into custody.
Cross-examined by MR. BALLANTINE. Q. Had he left the shop? A. No, he was in the act of leaving—he bad opened the glass-door and gone about three yards.
JOSEPH JACOB CANTOR . I am a wholesale sponge merchant, and live at No. 6, Houndsditch. I was at home at the time this ocurred, but was not down stairs—I generally keep my sponge in cases, but this was in a bag-there are 25 lbs. weight of sponge in it—the value of it is 12l. wholesale—it is Smyrna sponge, which is used for carriages, horses, and stable use.
Cross-examined. Q. Where had you seen this sponge before it was missed? A. It was, perhaps, two yards inside the door—it was not exposed at all, but sewn up in this bag—my daughter and an errand-boy are generally in the shop.
GUILTY. of Larceny*. Aged 18.— Transported for Seven Years.
OLD COURT.—Wednesday, March 5th, 1845.
Third Jury, before Edward Bullock, Esq.
585. CHARLES SMITH was indicted for stealing, on the 8th of Nov., at St. Botolph Without, Bishopsgate, 2 bags, value 1s.; 174 sovereigns, 2 half-sovereigns, 34 half-crowns, 219 shillings, 203 sixpences, 2 groats, 2 £20, 16 £10, and 18 £5 Bank-notes; the property of Frederick De Lisle, in his dwelling-house; to which he pleaded.
GUILTY . Aged 23.— Transported for Ten Years.
586. THOMAS JONES was indicted for feloniously breaking and entering the dwelling-house of Christopher Walton, on the 20th of Feb., at St. Gregory by St. Paul, and stealing therein 4 sovereigns, his monies.
JOHN GILES . I am a porter. On Thursday morning, the 20th of Feb., at half-past ten o'clock, I was passing Mr. Walton's shop, in Ludgate-street, and heard money rattle on the ground, and something like glass fall, I turned round, looked at the shop window, and saw it was
broken—I saw the prisoner on the ground, picking up the money—he picked up one sovereign with his mouth—he was seized by a person going by, and I went into the shop and gave information.
WILLIAM FISK . I am shopman to Christopher Walton, of Ludgate-street. It is his dwelling-house, and is in the parish of St. Gregory by St. Paul—he buys light gold and coins, and has a bowl in the window with light sovereigns in it—about half-past seven o'clock on the morning in question I put seventy-five sovereigns from a bag into the bowl—I counted them—there was also a bowl of guineas—I put them into the window about half-past eight—I was in the counting-house afterwards—I heard somebody open the shop door—I went out, and the prisoner was surrounded by persons at the shop window, who said in his hearing, "That is him who broke it, and there is another one run away"—I found a pane of glass broken, which was whole two minutes previous—I found the sovereign bowl upset, and the sovereigns all scattered about, some in the window, some on the cill, and some on the ground—I counted them, and there were four missing—I found a brick in the window, wrapped up in a piece of cloth.
JOSEPH DALTON . I belong to the City police. I saw Mr. Walton's window about three minutes before it was broken, and saw the prisoner with another against it—after I had passed I saw some persons running towards the shop—I went back, and found the window broken—these sovereigns on the ledge, and the prisoner in the shop—I took him into custody—he told me at the station that he broke the window with a piece of brick and cloth; that he got hold of the bowl, but his hand was so cold he could not hold it, or he should have had some of the sovereigns; that he did it to get money to get some clothes, for he could not get work.
GUILTY . Aged 17.— Confined Twelve Months.
Before Mr. Justice Patteson.
587. RICHARD ELLIOTT was indicted for feloniously breaking and entering the dwelling-house of Thomas Cox, on the 25th of Dec., at St. Paul Covent-garden, and stealing therein, 460 yards of silk, value 130l.; 461 yards of linen cloth, 20l., and 1 coat 4l.; his goods; and RICHARD VINCENT , for feloniously receiving part of the same, well knowing it to have been stolen.
MR. ALLEN conducted the Prosecution.
THOMAS COX . I live at No. 29, Southampton-street, Covent-ganden and am a clerical robe-maker. On the 24th of Dec. I left home, to go to Tunbridge-wells—I returned on the following Thursday, the 26th, and found I had lost 460 yards of silk, 461 yards of white linen, and a great coat—about ten days afterwards Shackell, the policeman, produced part of it to me at my own premises.
WILLIAM BOOKER . I live in Drury-lane, and am foreman to Mr. Cox. On Tuesday evening, the 24th of Dec, I made the doors of the shop fast about twenty minutes past eight o'clock—I returned to the shop about twenty minutes to eight on Thursday morning, and on going to open the shop door with the key I had locked it with, I could not; I was obliged
to have a locksmith to open it—when I got in I found fifteen rollers bare, which had been covered with silk on Tuesday evening, and the coverings, which had been over them, under the stand—460 yards of silk, and 461 yards of linen were gone—I afterwards saw Shackell produce some of it at the shop.
Cross-examined by MR. BALLANTINE. Q. Is the prosecutor a married man? A. Yes, and occupies the second floor, and one room on the third floor—the front room on the first floor is occupied by Mr. Newland, a solicitor, as an office—he has one clerk—his name is on a board in the ball—there are two back rooms on that floor, occupied by Mr. Barth, a publisher, who has now left—his name was on the board—his business is carried on in Brydges-street—the other room on the third floor is occupied by Mr. Hodson, a clerk in Somerset House—a Captain Moore lives in the attic—Mrs. Hart, the housekeeper, and her husband, lived in the kitchen below—they were discharged on the Thursday morning, after their rooms being searched—I have not seen them since—I have not inquired about them—Miss Jury lives in the first house in Maiden-lane, which is separated from our house by a door which is blocked up by a large bookcase in front of it—it is impossible to get to it without moving the bookcase—I believe Jury keeps a tobacconist's shop—I have not heard complaints about persons who have been there—I did not sleep there—I went home on Tuesday, and did not return till Thursday, Wednesday being Christmasday—it was the side door of the shop which was entered—it opens into t passage which leads into the street and to the kitchen below—there is a street door outside, which is generally open till dark—there is also a front door from the shop to the street—it is a corner house—the entrance to the shop and also to the kitchen is inside an inner door of the passage—the shop door was not found open, and, to all appearance, there had been no breaking in—the lodgers have latch-keys to the front door.
COURT. Q. How many doors must you go through from Southampton-street before you get to the side door of the shop? A. Three—the door shutting off the kitchen and shop is always fastened af night, and that door had not been broken.
MR. ALLEN. Q. Had you fastened all the doors before you left? A. The shop door—there are two entrances into the shop, and three doors—they were all fast—before I got to the side door of the shop, I had to go through the street door, the inner door, and one which cut off the kitchen and shop—I only fastened the shop door—I left the housekeeper to fasten the others.
JOSEPH SHACKELL (police-inspector.) On Saturday, the 28th of Dec., in consequence of information, I watched the prisoner Elliott—I saw him and another man come from the King's Arms, in Coal-yard, Drury-lane—I followed them to the end of Great Queen-street and Drury-lane, where I lost them, in consequence of an obstruction—I returned to the house, out said nothing then—I went on Monday morning, and received from fane Dismore, the landlady, this piece of silk—the husband gave it to me in her presence—I afterwards, on that Monday, went with Haynes, and saw The prisoner Vincent coming in a direction from the prisoner Elliott's house, in Bell-street, Paddington, carrying a bundle, which contained two pieces oflinen—Haynes followed and stopped him, and when I came up to them, Vincent said he would take it to the person he received them of—we went to the Key, in Bell-street (which is next door to Elliott's house)—he pointed
to Elliott, and said, "That is the man I received them from"—Elliott answered, "No, you did not receive them from me, I never saw you before," or something to that purport—Haynes then took Vincent into cuitoder and I took Elliott, telling him who and what I was—I searched him, and found in his pocket-book a pattern of a piece of silk, and six half-notes, pasted together—they were in the same pocket-book as the patterns—he said he would take us to his house, which he did, and on arriving there, Haynes searched, while I took care of the prisoner—it is a small tobacconist's shop, in Bell-street—I had seen Vincent come in a directioi from that house, but did not see him come from the door.
Cross-examined by MR. CLARKSON. Q. Have you ascertained the vtloe of the linen found on Vincent? A. It was valued, I think, at about 2l.—it is a kind of linen called golden flax, to make surplices—I knew Vincent as the driver of a Paddington omnibus—after Elliott was in custody be told me Vincent had received the linen from bim, although be bad denied it—Vincent always told the same story to me.
Cross-examined by MR. BALLANTINE. Q. The half notes form the subject of another indictment? A. Yes—I charged him with receiving them—they were stolen twelve months ago.
MR. ALLEN. Q. How long have you known Vincent? A. Three or four yean, but not personally—I have not known bim drive an omnibw for some considerable time.
JANE DISMORE . I am the wife of Daniel Dismore, who keeps the King's Arms, Coal-yard, Drury-lane. On Saturday, the 28th of Dec. 1 purchased a piece of silk, for 1l. 5s. 6d.—this is a similar pattern—I do not recollect the person I bought it of—I gave it on the Monday after to Shackell.
JOHN HAYNES (police-inspector.) On the 30th of Dec, about two o'clock, I was with Shackell in Bell-street, Paddington, and stopped Vincent—I asked what he had in his bundle—he said he did not know—I asked what he was going to do with it—he said he was going to ask the price of it—I asked where he brought it from—he said "From Dick Elliott's house"—I said, "Where is Dick?"—he said, "He is just gone into the Key, public-house"—I said he must go back with me, and in going along I said, "You must know where you were going to take it"—he said, "Why I was going to take it home to my wife"—I took him back to the Key, and there saw Elliott and another man—I pointed to Elliott, tod said, "Is this the man you had these things from?"—he said, "Yes"—Elliott said, "No such thing, you did not have them of me"—I said, "Why Vincent says he has just brought these two pieces of linen from your house"—Elliott replied, "No such thing, I know nothing about it"—Shackeli then apprehended him, and I took Vincent with him into Elliott's house, next door to the Key—after we bad been there a short time Elliott said, "Well, the fact is, Vincent did have the things from me; I don't wish to get him into any trouble"—I searched Vincent, and in his pocket-book found this memorandum-book—here is a memorandum in it, of 25 yards, without saying what, 1s. 9d., 2l. 3s. 9d.; and 17 yards, 1l. 9s. 9d. 3l. 13s. 6d.—there is a pencil-mark on the pieces of linen Vincent was carrying, which is "25 yards," and "17 yards," exactly corresponding with the memorandum-book—I also found in the memorandum-book a pattern of silk—I Searched Elliott's house—we had some of our men with us—Vincent was left in the parlour, in the care of
Sergeant Walker—Elliott went into each room with us, to see what we found—in the first-floor back bed-room I found a piece of silk, lying open on the bed, flat, not rolled—in the front bed-room, between the bed and mattress, I found this piece of silk secreted—Elliott was pressent, and said both rooms belonged to him—in different parts of the parlour behind the shop I found seven pieces of linen—I compared the pattern of silk in Vincent's book, with a piece of silk found at Elliott's house—it exactly corresponds in colour, and matches in size where it has been cut off.
Cross-examned by MR. CLARKSON. Q. After the Magistrate heard this case he let Vincent out on bail? A. Yes, he surrendered last Session, and Elliott applied to postpone the trial—Vincent has been in custody ever jinoe—Vincent was coming in a direction from Elliott's house, and also from the Key—I searched Vincent's house, but found nothing relating to the property.
Cross-examined by MR. BALLANTINE. Q. Did you examine the prosecutor's door? A. Not the lock, as it had been done before—I know Hart—I have not been after him—I do not know where he is—I met him a short time ago in St. Martin's-lane—he has been in custody more than once—I have not seen him in custody myself—we have got him in our eye.
JAMES BATCHELOR . I live in Coal-yard, Drury-lane. I am a coachlace and carpet manufacturer—on Saturday, the 28th of Dec., between three and four o'clock in the afternoon, I went to Mr. Dismore's—I was at the bar, and saw Elliott and another man there—Elliot had a parcel under his arm—he asked Mrs. Dismore if she would purchase a silk dress—he said he had got a piece of silk, seventeen yards, he could sell to her very cheap, he would take 1s. 6d. a yard for it—he said he had taken for a bad debt—she paid him the money and bought it—I saw Elliott next a fortnight after at Bow-etreet—I did not know him before, but have do doubt of him.
Cross-examined by MR. BALLANTIHE. Q. I believe there were several people in the bar? A. There were two or three at the bar—I am in Dimness for myself—I have a shop, and 1000l. worth of property in it—I went there for change to pay my men, and was not there above five or iix minutes—I was never in custody, or charged with anything—I was once St. Bow-street for being a little the worse for liquor—I was never charged with taking pots.
MR. ALLEN. Q. You were never transported or hung? A. Never. MR. CLARKSON. Q. Vincent was not the man at the public-house with Elliott? A. No.
THOMAS COX re-examined. This silk and linen are my property, and has nay private mark on it—my house is in the parish of St. Paul, Coventgarden-the value of the whole property is from 180l. to 200l.—I live in the house, and am the proprietor of the whole.
ELLIOTT— GUILTY . Aged 34.— Transported for Fifteen Years.
VINCENT— NOT GUILTY .
(There was another indictment against Elliott.)
Before Mr. Justice Williams.
588. SARAH BRIDEN, alias Ann Wilson , was indicted for feloniously assaulting James Arthur Briden, on the 8th of Feb., and forcing him into the water in a certain pond, with intent to murder him:—Three other counts, varying the description of the child's name.
MR. KENNEDY conducted the Prosecution.
JOB LAMBELL . I am a cab driver. On the 8th of Feb. last, about three o'clock in the afternoon, I was going to Little Albion-street, Regent's-park, and saw the prisoner sitting on a bank by the road side—she was huggling up something in her breast—I could not see what it was then—I was coming back ut half an hour afterwards, driving my father's horse and cart, and saw the prisoner again—she was holding a child by one leg, and shoving its body into the water—I cannot exactly say how long she held it each time, but I saw her dip it twice—it was stark naked—it was quite a hard frost at that time—the prisoner bad her right sleeve tucked up—the water in which she dipped it was the pit of a foundation, near Barrow-hill bouses—I got out of the cart and was going over to her—she got out and ran away—I hallooed out to Kitson, who was coming by, to stop her, and she chucked the child down—I pursued the prisoner, and took her—wrapped the child up in a horse-cloth—I took the prisoner and child to Salisbury-street station in the cart—a man named Cotton got into the cart to hold her and the child—we called on Dr. Jones on our way to the station—we found Furlong and a sergeant at the station—the child was quite black when we got there—the sergeant ordered me to give the child to its mother—she was asked where she lived—she wook not give any answer—she was asked if the child was her own, and said it was.
COURT. Q. Did you know her before? A. I never saw her before, that I know of—she was quite sober—she said nothing when she threw down the child—I never heard her speak till she got to the station—I asked what she went to do it for, and she never spoke—the child was crying when I saw her dipping it into the water—it cried a little when we got it into the cart, but it hardly had strength to cry—it was a male child.
JOHN KITSON . I am a painter by trade, and live in St. John's-wood. On the 8th of Feb., about a quarter after three o'clock, I was in the York and Albany-road—Lambell called me, and I saw the prisoner run away—I ran and stopped her—just as I laid hold of her cloak behind she threw the child away from her, about five feet, on the ground—she did not say a word—I picked up the child, and held the prisoner at the same time I the child was stark naked—it did not cry—it was stunned—its head was all dark at the top, as if mud had been over it, the black mud turned up in the water—it was black at the mouth—I saw it at the station—I gave it to Cotton—I did not go with the other men—I was employed getting ice.
COURT. Q. Was there ice in the pond? A. Yes—I had taken the ice off myself—it was a very sharp frost indeed.
EDWARD COTTON . I live in Town send-road, near St. Jobn's-wood. On the 8th of Feb. I saw the prisoner near Barrow-hill houses, close to the pond—she was coming away from the pond with something wrapped up in her arms—I could not see anything—she met me on the path—I
was coming towards Albany-field—she was coming out of the field—a man who was sweeping the crossing said something to me—I saw her chuck the child out of her lap on the hard path—Kitson and a little girl who was passing picked it up directly—I cannot say which picked it op—I saw the prisoner taken into custody—I handed her into the cart—I got up after tier, and Kitson handed the child up to me—it was stark naked—we first went to a Mr. Jones in High-street, Portland-town, but he said he would not have anything to do with the case—we then went to the station—the hair of the child was very wet—the body being wrapped up in her arms we could not tell whether it was wet or dry—the head did not seem dirty—Furlong and another policeman took the child from meat the station—it was a male child—I heard questions put to the prisoner—she could not give any answers—she did not seem to understand—she was asked where she came from, and how old the child was—she said it was two months old, and it was her own child—I never saw her before.
JOHN FURLONG . I am an inspector of the S division of police. The prisoner was brought to the station on the 8th of Feb. by Cotton and Lambell, with the child wrapped up in a horse-cloth—it appeared to be dying—the whole body had turned black—I procured warm water at soon as possible, got it a warm bath, and sent for a doctor—I asked the prisoner her name—she said, "Ann Wilson"—that the child was her own, and it was two months old—I gave the child into the hands of the surgeon.
COURT. Q. Did she seem quite sober? A. Perfectly—she was not at all confused in her manner—she was quite collected—she did not even offer to suckle the child till I entreated her to do so.
LAWRENCE LEONARD (police-sergeant S 25.) I was at the station when the child was brought—it was quite naked, and rolled up in a piece of horse-cloth—the body appeared quite black, with red spots—I thought it was dying—I asked the prisoner her name—she said, "Ann Wilson"—I asked where she lived—she said she had no place of abode—I asked where she slept the night before—she said she had come from Hertfordshire, to the best of my recollection—I asked who was the father of the child—she said he was in Derbyshire—I asked if she was married—she said she was not—I produce some workhouse clothes—they were in the prisoner's apron, and were all quite wet—they have not the workhouse mark.
WILLIAM KIRBY LEREW . I am a surgeon. I was sent for on the 8th of Feb. to Salisbury-street station, and found the prisoner and the child there—the extremities of the child were very cold—the neck was exceedingly cold also, and the trunk of the body was of a blackish appearance—those appearances indicated congestion of the lungs—that might certainly he caused by the dipping in water—I administered some medicines to the child, and gave it a warm bath, and it ultimately recovered—it was not free from danger.
WILLIAM BARROCLOUGH . I am master of the Edmonton Union. I know the prisoner—I never knew her to be called by any other name than Sarah Bidden—she was an inmate of our workhouse—her last admission was on the 4th of Oct. last—she was then pregnant—she was confined there on the morning of the 12th of Jan.—she was then delivered of a male child—it was kept with her afterwards in the Union until the
7th of Feb.—she then went to church, and the child was baptized in the name of James Arthur—on the following morning, Saturday, the 8th, & gave notice of her discharge, and left the house about a quarter part the in the morning—the child was dressed in the Union clothes—this frock produced is similar to what is worn by our children in the nursery, and this is the pattern of the blanket which is worn with the Union stripe in it—I have the parish books here, with an entry of the child's name. as "James Arthur," under the head of "what nnme baptized"—the name of Briden is not there—I never heard the child called by any other name than linden—the prisoner was in the Lying-in ward, and I was not in the habit of seeing her—I have the discharge-book, and an entry in my writing made from her report—the child is entered as Briden until it was baptized, and then the Christian name was put to it—it admitted and discharged under the name of James Arthur Briden—she gave me the Christian names when she came home from church—this entry of "James Arthur Biden" was by her direction.
JOHN JUDD . I am parish-clerk of Edmonton. I remember the prisoner coming to be churched—she was churched in the name of Sarah Briden—she had a child with her which was baptized at that time by the name of James Arthur—I have the book here—this entry was made by the clergyman who christened it, in my presence—(read, "Feb. 7, James Arthur—Sarah Briden, Union-workhouse.")
PHILLIS BLAKER . I know the prisoner. I remember going with her to church three weeks last Friday, to have the child half-baptized—I forget the name the prisoner went by—the child was baptized by the name of Alfred.
COURT. Q. Was Alfred the name, or was it James? A. I think it was James Alfred—it might have been James Arthur.
Prisoner's Defence. I am Yery sorry, but it was quite an accident; it was not my intention to drown my child; I came up with the intention of getting a wet-nurse's place.
GUILTY . Aged 29.— Transported for Fifteen Years.
Before Mr. Justice Williams.
589. EDWARD ROWLAND was indicted for burglariously breaking and entering the dwelling-house of John Arnold, about the hour of twelve in the night of the 5th of Feb., at St. Giles-in-the-Fields, with intent to steal, and stealing therein, 4 shoe-buckles, value 3s.; 1 bolt, 6d.; 2 bellwires and cranks, 9d.; 2lbs. weight of brass, 1s. 6d.; and 3lbs. Weight of iron, 1s.; his goods: and that he had been before convicted of felony.
JOHN ARNOLD . I am a plane, saw, and tool maker, and live at No. 2, High-street, in the parish of St. Giles. On the night of the 5th of Feb., I went to bed about twelve o'clock—I was the last up—there is ao inward communication from my shop to the house, by means of stairs, which lead to the different dwelling-rooms above the shop—I was awoke about five in the morning, by the policeman—on getting up I found the street-door open, which I am confident I had shut—it was not fastened in any way, no more than by the ordinary bolt of the lock—it was fastened in usual manner—I am sure it was locked the night before—I found two or three drawers under the counter partly open, and missed some brass and bellwires, with a brass bolt, and two pair of antique shoe-buckles—one pair was of copper, inlaid with mother-o'-pearl, I believe, or something similar—I
accompanied the policeman to the station, and found them there—I knew them to be mine—I believe they were safe on the day in question, but I cannot positively say—I am confident I had seen them within, a week—I know nothing of the prisoner.
Cross-examined by MR. DOANE. Q. Had you seen these shoe-buckles shortly before? A. I had, as well as the other things—the buckles were not for sale—they were things that I knew very well—I had had then a great length of time—there were no marks of violence on the outer door—it was very probably done by a picklock-key—I have lodgers in the house.
FRANCIS MORRIS (police-consiable E 78.) On Thursday morning, the 6th of Feb., about one o'clock, I saw the prisoner in High-street, St. Giles's—I saw something bulky in his jacket-pocket—he had a round fustian jacket on—I watched him for about 200 yards, then came behind him, and asked what he had in his pocket, at the same time touching the bottom of his pocket with my hand—he said, "Nothing but tome bits of iron I have been picking up"—I said, "You don't pick iron up at one o'clock in the morning, do you?"—he said, "O, I picked it up in the course of the day"—I put my hand into his pocket, and pulled out a shoe-buckle—I said that was not iron, I was not satisfied, and should take him to the station—I took him to the station, searched him, and found the articles I now produce in his jacket pocket.
JOHN ARNOLD re-examined. This is the pair of shoe-buckles with mother-o'-pearl on them—I have not the least doubt they are mine, also this other pair, and the other trifling articles—this piece of brass I can positively swear to—it was cut out in the workshop for punchiog out a piece of metal—the value of the whole may be 6s.—that is all I missed.
JOHN PORTER (police-constable G 101.) I produce a certificate of the prisoner's former conviction—(read,—Convicted 1st July, 1844, of larceny, and confined three months)—I was present at the trial, and am sure the prisoner is the same person.
GUILTY of stealing, but not of the burglary. Aged 20.— Transported for Ten Years.
Before Mr. Justice Williams.
MARK ASHBY . I am a boot-maker. The prisoner was in the habit of bringing work to my shop—on the 24th of Dec. I went out between two and three o'clock—this pair of boots was then in my window—I left my wife and daughter in the parlour behind the shop—I returned about six or half-past six, and as I crossed the road I missed the boots—I saw them the same evening, between eight and nine o'clock, in possession of Mills.
Cross-examined by MR. O'BRIEN. Q. How soon after did you tee the prisoner? A. I saw him next morning, and again a few days after—he was at my shop on the Saturday before he was apprehended—he pressed me to go and drink with him, which I did—I gave him in charge on the Sunday—he never dined with me—I did not strike him to my knowledge—he resisted being taken, and threw me down—I remember a person calling "I do not recollect ever saying, I would give the b—y thief all I could—the
boots could not be taken without coming into the shop—I saw him often after the robbery.
COURT. Q. When was he taken? A. On the 9th of Feb.—I had no suspicion of him till then, except from the description Mills gave me—I had a little suspicion he was the man, but on the Saturday he left a quantity of books at my house, which created a suspicion—I sent to Mills on Sunday, the 9th of Feb.—he came to my house, and identified him—both Mills and his boy saw him—I am sure the boots produced are mine.
WM. HENRY MILLS I am a pawnbroker. I remember the prisoner pledging these boots for 12s. 6d. with me, on the evening of the 24th of Dec., between five and seven o'clock, I think it was about six, in the name of George Jones—the prosecutor saw them the same evening—I did not let him again till Sunday, the 9th of Feb., when 1 was fetched to Asbby's house—I saw the prisoner at the Paddington station—I have no doubt he is the person.
Cross-examined. Q. You thought it was about six o'clock? A. Yes, I am sure it was after five, and before seven—it was rather a busy evening, but the busy time had not commenced—my boy is not here—he went to see the prisoner, and identified him—the prisoner was longer than unsual with me, as I found the boots were well made, and asked him if he occasionally had misfits, as I would buy them, and talked of his making met pair—he proposed to call, but I said, if his address was right I would call on him, and asked if it was John-street, Edgware-road, or New-road—he said Edgware-road—this fixes my recollection of him—I described, him to Ashby that evening—I saw a scar or two on his cheek as if cut in shaving.
Cross-examined. Q. Was it at Mr. Ashby's house you took him? A. Yes—he said he was innocent—Mills's boy fetched me to take him, I believe.
Witnesses for the Defence.
HENRY HUGHES . On Christmas-eve last I was in the prisoner's company from half-past twelve till five o'clock, at Marylebone police-office—Mr. Morris, of No. 50, Star-street, had had a window broken, and the prisoner went to the office with me about it—he came home with roe, and remained at No. 50, Star-street till five o'clock—I think we left the office between three and four—we had something to drink—Mr. Alderman was with us—it was at his place we were.
COURT. Q. What are you? A. An artificial florist—Alderman is a friend of mine, and I went with him, as he was going with his father-in-law, Mr. Morris—I live at No. 50, Star-street, Edgeware-road, not a quarter of a mile from Ashby's house—I have known the prisoner about three months.
JOHN ALDERMAN . On the 24th of Dec. I was with the prisoner from half-past twelve till five o'clock, we were at the police-office together—he left there with me, and we went to a public-house, and from there to No. 50, Star-street—he had something to drink, and was very tipsy when he left us at five o'clock.
COURT. Q. What are you? A. A French polisher—I have known the prisoner about two years—we had the liquor at a public-house close to the Marylebone Police-court.
Q. Were you sober? A. Yes—I got acquainted with the prisoner at a Baptist chapel, about two years ago.
LOUISA MUDGE . I live in Market-street, and am a widow. I recollect Tuesday, the 24th of Dec, about ten minutes after five o'clock, the prisoner came to my house—I expected he would come, and looked at the clock when he came in—my sister came in about half-past five—he had been drinking—I pressed him to go and lie down—he had had a great deal too much.
COURT. Q. Did he lodge at your house? A. No—he came to see me and he stopped till eleven o'clock—he was in the habit of coming daily, almost—he bad no business at my house, but said he would come—I am a laundress—he did not go to bed, but laid down in one corner of the room, and remained there till eleven o'clock.
CHARLOTTE BATH . I am the witness's sister—I went to her house oh Christmas-eve, about half-past five o'clock, and found the prisoner there—I remained there till nine—he did not leave the room while I was there—he appeared to have been drinking.
COURT. Q. What business bad you at your sister's? A. I went to she her—I live in Bouverie-street, about five minutes' walk from her.
MR. MILLS re-examined. My shop is in Edgware-road—the prosecutor's house, Star-street, end Market-street, are all close together, and Market-street is opposite my house.
NOT GUILTY .
OLD COURT.—Thursday, March 6th, 1845.
Fourth Jury, before Mr. Common Sergeant.
EDWARD CAWTHORN LANDER . I live in Tottenham-court-road—the prisoner was my errand-hoy. On the 13th of Feb., I thought it necessary to call him into my room—I told him I missed a pair of shoes, thai he was suspected, and must be searched—I made him take off his apron, aad found them in his pockets—they are mine.
Prisoner. I beg to plead guilty.
GUILTY . Aged 18.— Confined Four Months.
JOHN PEARCE HARLOW . I am a carpenter, and live in Philip-street, Kingsland-road—I was at work at 76, Cornhill, with Mr. Ware, on the 3rd of March—I went to dinner at five minutes to twelve, leaving my law on the bench—I returned about ten minutes past one, and found it in the policeman's hands—this is it.
CHARLES PILGRIM DARK ARCHER . I was at work at Mr. Kennedy's Royal Exchange. In passing down Cornhill, I saw the prisoner on the other side of the way, and suspecting him, I watched and saw him go into No. 76, Cornhill—I looked and could see no policeman—in two or three minutes he came to the window with the saws in his hand—seeing me he put them under his coat, buttoned it up, and came out—I took him in the street, and he put the two saws down by the George and Vulture.
Prisoner. Q. Did not you tell the Lord Mayor you did not see me go into the house? A. I did not.
Prisoner's Defence. I am a house-painter; I have a wife and six children, who were in great distress.
GUILTY .* Aged 42.— Transported for Seven Years.
Before Mr. Baron Parke.
MR. DOANE conducted the Prosecution.
THOMAS AVAUCHE . I live at No. 21, Manchester-terrace, Waterloo-town, Bethnal-green-road, and am a weaver. On the night of the 27th, or early in the morning of the 28th of Jan., I was in company with Harvey, in Seabright-street—we came round a turning between Seabright-strett and South Conduit-street, which runs into Bethnal-green-road—we got into that narrow street between twenty minutes and a quarter to one, I believe—our attention was attracted by something which appeared to be smouldering on the ground—I found a female lying with her head against a brick wall—I raised her up—the smouldering turned out to be the ribbon of her bonnet—I found she was alive—I afterwards saw her face was bloody—I got the assistance of the police, and she was taken on I shutter to the London Hospital—I accompanied her, and found she wu dead when we arrived.
ROBERT BACKHOUSE (police-constable K 37.)About a quarter to one o'clock, on Tuesday, the 28th of Jan., I ran down North-street, Bethnalgreen-road, on hearing an alarm—I found a woman on the shutter, in can of the two last witnesses, and policeman 376—I laid hold of her hand, and felt her pulse, which beat—I accompanied her to the hospital, and found shewasdead when we arrived—she did not speak at all—I returned to the spot where she had been found, in the narrow street between Seabright-street arid South Conduit-street, and found the appearance of a stream of blood, also these two pattens, and a pistol, which I produce—the cock is down, as it was when I found it—it had the appearance of having been recently discharged when I found it—it smelt of gunpowder—I went to the station-house about half-past three o'clock the same morning, and found the prisoner in custody on this charge—at that time he had an apron on, which I took off, and have here—I saw stains of blood on it fresh—sergeant Shaw was there—the prisoner was present—Shaw asked him to account for the spots of blood—he said, "If there are any spots of blood on my apron I cannot account for it"—I received a bullet mould from Perkins, gunsmith, which I produce.
Cross-examined by MR. CLARKSON. Q. Is this all the spot of blood on the apron? A. That is all—I did not hear the report of the piatol—I went to the spot from information I received from Starr, No. 376—When I got there I found the pistol.
COURT. Q. Is Starr here? A. He is not—I found the pistol in a pool of blood, which was running from where I suppose the deceased fell—it was at the corner of a small street called King-street, commencing between
South Conduit-street and Seabright-street—it is the first street you come to going out of Bethnal-green-road—I found it on the left-hand corner abutting on South Conduit-street, going from Bethnal-green-road, near a brick wall, about three yards from South Conduit-street.
THOMAS AVAUCHE re-examined. I found the deceased at the end of the street the policeman calls King-street, at the end near South Conduit-street—I should say her feet did not lie within six inches of the turning—her head lay against a brick wall—she had her bonnet on, which fell off when I lifted her up—she was on the right-hand side going out of Seabright-street—as you go from Bethnal-green-road into South Conduit-street, it would be on the left.
WILLIAM WHITER . I live at No. 105, Brick-lane, Bethnal-green-road; I keep a beer-shop, and am the brother of the deceased; her name was Emma Whiter; she was twenty-one years old last July. I did not know that the prisoner and she kept company—I heard it once, but never saw them together—on Monday, the 27th of Jan., about a quarter-past ten o'clock at night, my sister came into my house, and in a minute or so afterwards the prisoner came in—my sister went into my parlour, and the prisoner into the tap-room—they had nothing to say to each other in my house—I did not observe them speak—my sister went out of the door at twelve o'clock, and the prisoner too—they both left together—I did not hear anything pass between them—they were not together in the house, but in two separate rooms, my sister in the back parlour, and the tap-room is in front—there is a window between the rooms—they might see each other, if the curtain was pulled aside.
Cross-examined. Q. Did not they come in in company together? A. One a moment, or it might be a minute, after the other—they did not come in together—I handed my sister from the street door into the back room—the prisoner was a little way behind, but not close to her; he must have been, a she did not come in at the same time.
COURT. Q. Did they appear to go away on good terms? A. Yes, on very good terms, and both shook hands with me.
WILLIAM SLATER . I am a weaver, and live at No. 4, South Conduit-street, Bethnal-green-road. I know the prisoner, and knew the deceased—I was standing at my father's door on Monday night, the 27th of Jan., about half-past twelve o'clock, and the prisoner and Emma Whiter passed me together, going up towards the Bethnal-green-road—our house is No. 4, four doors from the end of the turning where the deceased was found, which is called King-street, I believe—our house is four doors further from Bethnal-green-road than that turning—they were going in a direction for the corner of King-street, which leads into South Conduit-street—he had his arm round her neck—I went up stairs to bed, and heard the report of some fire-arms about six or seven minutes after I got up—the houses lay more open at the back, and are higher—the sound seemed more at the back of the house, which made me go to the back window at first—it was a loud report, and seemed to shake the things in the room—the back of the house is in the direction of King-street—I could not see into King-street—I could see nothing—I then went to the front, but could see nothing—I did not see the deceased till she was fetched home from the hospital—I heard the report six or seven minutes after I saw the prisoner—I have seen the spot where the blood was found, that is 35 yards from our house.
Cross-examined. Q. You knew the prisoner before? A. Yes, several years—I have heard he has some younger brothers and sisters, but do
not know much of the younger part of the family—I cannot say whether he behaved kindly to them, as I do not know—I have not been with him much lately—I have been many times in his company, and always found him a kind-hearted man—I heard the report six or seven minutes after I saw them pass, not six or seven minutes after I went to bed.
RICHARD BUNN . I am a weighing-machine filer. On the night of the 27th of Jan., or the morning of the 28th, between one and two o'clock, I was at the Rising Sun public-house, Sale-street, Waterloo-town, which is about a quarter of a mile from Seabright-street—the prisoner came there, I think it was about half-past one—his brother Henry was there—there were about twelve persons there, as near as I can guess—the prisoner appeared in a very deranged sort of state—he sat on a corner of a table by himself when he came in—he afterwards said something to his brother Henry—(I think he knew what he was about; I mean by deranged state, an agitated state of mind, all in a tremble, rather excited, and quite confused, not collected)—he said to his brother, after sitting down, "The deed is done, and it cannot be undone"—the brother said nothing that I observed—the prisoner left the house—he was there about fire minutes—I went out a little while after—the prisoner lived in a court just opposite the Rising Sun—I crossed over to where he lived, and saw him in company with a person named Capes—I said to the prisoner, "Jem, what is the matter with you?"—he said, "What is the matter indeed! the stars shine bright, and the moon shines clear"—I said, "Will you come with me?"—he said, "Yes, I will go with you anywhere, as you nerer persuaded me to my harm"—I said, "You go up the court, and I will go round and meet you at the other end"—before I said that I heard him say to Capes, "I want no more to say to you, for you have been the whole of this destruction"—Capes said nothing to that, that I heard—I then left, and went round the court, joined the prisoner, went up Thomas-street to Bethnal-green-road, and within two or three doors of the Salmon and Ball—he wanted liquor there, but the house was closed—I said, "You will get nothing there," and asked him to go home with me, and have some supper—he said, "Why should I go home and have supper with you?"—he told me to go in-doors, and said, "I will go and see how the young children are," meaning his brothers and sisters—I went with him to his house—his brothers and sisters were there—some are quite young, and some sixteen or seventeen years old—when he got in, he sat down in a chair behind the door, laid his hand on the back of another chair, with his head resting on his hand—I suppose it was then past two o'clock—I then left him, and went to the deceased's father's house, but did not see the father—I went to Capes' first—I went again to the prisoner's house, and saw the deceased's father there—he was there before me—he asked the prisoner, "Where is my daughter?"—his answer was,"Yes, I have been with your daughter all the evening at your son's"—the father had been there before me—that was the answer I heard—I then left, and went home.
Cross-examined. Q. I suppose you had a regard for him? A. I had—I had known him from his infancy—I went out shooting with him on Sunday morning sometimes, but it is a long time ago—there are three small children, and I think seven altogether—they have neither father nor mother—the prisoner supported them when he was at home—he was a kind-hearted man.
COURT. Q. Did the prisoner appear sober, or otherwise? A. He appeared
to be sober, and said he was perfectly sober, that he had only had two glasses of brandy the whole of the night—it is eighteen months or two years ago that I went out shooting with him—I had not engaged to go out shooting with him the Sunday before this.
WILLIAM WHITER . I live at No. 20, North Conduit-street, which runs into Bethnal-green-road, and on the opposite side to that is South Conduit-street—I am the father of the deceased. On the morning of the 28th of Jan. I went to the prisoner's house, about two o'clock—I fonnd him sitting in a chair behind the door, with his head resting on his hand—he was rather paler than I have seen him—I asked him if he had seen my daughter Emma—he said no, he had not, that night, nor yet the night before—I asked if he had heard anything of her—he then retracted from what he had said at first, and said they had both been together that evening at her brother's—when he said he had not seen her, I had said it was very strange, he must know what had become of her; and he said they had been together at her brother's—he said he had left her well and hearty at a quarter past twelve o'clock, at the corner of Mape-street—I said I was certain he must know what had become of her, I thought he must know something of what had become of her—he said, "No, Mr. Whiter, I really don't know"—I then left, and got the assistance of the police, and gave him into custody—Bunn came in before I left—I know Mape-street—to get from my son's beer-shop, in Brick-lane, to South Conduit-street, they must pass the end of Mape-street, if they take Bethnal-green-road—Mape-street leads into Chester-street—Chester-street would be in the way from my son's to my house, and you would pass the end of Mape-street, which is thirty or forty yards from South Conduit-street, perhaps.
JOHN JOHNSON (police-constable K 296.) On the morning of the 28th of Jan., in consequence of what the last witness told me, I went with him to the prisoner's house—I found him in the kitchen—I heard the witness ask him if he knew anything of his daughter—he said she had been with him till twelve o'clock, and he left her in Bethnal-green-road.
COURT. Q. Or at the end of Mape-street, which? A. Bethnal-green-road—I took him to the station—he had an apron on, which I saw taken off.
WILLIAM CRESPIN . I am a cabinet-maker, and live in Manchester-street, Bethnal-green. I know the prisoner very well—on the morning of the 28th of Jan., about one o'clock, I was in the tap-room of the Rising Sun, and saw the prisoner come in there—he appeared to me to be very much agitated—I observed that his finger, or some part of his hand, was bleeding—I did not notice what part—I asked him what was the matter with his hand—he said he had cut his finger—he sat down, his brother Henry was there—after a little time the prisoner said, "The deed is done, and it cannot be undone"—he did not say this to anybody in particular—he stood up and said so in the tap-room—he shook hands with us, and bid us good bye.
Q. But did he add anything to it? A. He said, "It will be a mystery to you all"—his brother Henry made the exclamation, "God strike me dead! he has shot his woman!"—he addressed himself to no one—he said it loudly, for everybody to hear, and the prisoner spoke loud for anybody to hear.
Q. What did the prisoner say? A. He did not say anything that I heard—I came out of the room—after Henry made the exclamation about his shooting his woman he went to the prisoner, and felt his jacket
pocket, and the prisoner said, "Ah, it is gone"—he had on a round jacket at the time—his brother felt in his breast pocket—I left the house, and as I left the prisoner's sister came in.
Cross-examined. Q. How many persons were there in the tap-room? A. Several, I cannot exactly say how many—he appeared very much confused and excited at the time he used this expression—he was almost like a madman, I considered at the time.
THOMAS PERKINS . I live in Sale-street, Bethnal-green-road. I have known the prisoner some years as a neighbour. On Saturday, the 25th of Jan., the prisoner brought the pistol produced to me, to repair the screw of the top strap, which was broken out—I repaired it for him, and took it to him at the Rising Sun, in Sale-street, according to his direction—I found him there, and gave it him, the same day—I am sure it is the same pistol—I find my work on it—he came to my house the next day, Sunday, to have a little further repair to the pistol, which I did—he applied to me to cast him some bullets—this mould belongs to me—I cast him four bullets in it, and gave them to him—(looking at two bullets)—these correspond with the mould exactly, and fit it—such bullets as these would be cast in a mould of this size—he asked me for some percussion caps—I gave him six or seven which would fit this pistol—the only remark he made to me was that he was going to have a shooting match with one Dick Bunn—he did not say when—he left me about half-past seven o'clock in the evening, with the pistol and bullets.
Cross-examined. Q. I suppose you did not take particular notice of his words about the shooting match? A. No—he might have said he intended to have a shooting-match with Bunn—I did not hear him say he had made an appointment with Dick Bunn—the pistol and bullets are of an ordinary size.
THOMAS CAPES . I am a chair-maker, and live in Hare-street, Bethnalgreen. I have known the prisoner two years—I knew the deceased, and knew he was paying his addresses to her for some short time before this happened—on Monday, the 20th of Jan., I was at a ball at the Crown and Anchor, Waterloo-town—the deceased and the prisoner were there in company—in the course of the evening I observed the prisoner show some attention to two young women there—he treated them to some drink at the bar—the deceased appeared to be angry at his attention to the girls, and struck one of them—the prisoner interfered—he separated them and they returned to the dancing-room—I was there from half-past nine to about twenty minutes to one o'clock—I did not see the prisoner in their company after they returned to the room—I saw the deceased I home, at her request—she said she was frightened about being insulted by one of these girls outside—I did not go to her father's door—when we got to North Conduit-street we were overtaken by the prisoner—we were standing talking there, waiting for him to come—we were expecting him, and he came up to us—he said nothing—he struck her in the face with his right hand—he gave her no reason for it—I told him not to strike her, to strike me—he said, "I will not strike you"—he struck her again, while I was picking up her bonnet—I returned her the bonnet, and left the prisoner and her together—they then appeared quite friendly—they had made it up—on the Tuesday morning in the following week, ahout half-past one o'clock, I was going into the Rising Sun accidentally—I knew nothing of what had happened, and saw the prisoner coming out, and Bunn and several others—I saw the prisoner first—he said to me, Tom, you have
been the whole cause of this destruction"—I asked him what for—he made no reply—he seemed quite altered altogether—quite confused—he then walked to the top of the court opposite, in company with Bunn—we all three walked together—I heard him say to Bunn, "The stars give light, and the moon shines bright"—I left them and returned home.
Cross-examined. Q. He appeared to you quite lost and confused? A. He did, all the while he was in my sight that day—from what I saw of him I could not place any reliance on what he said—he was agitated, wild, and confused—Bunn asked him to come home to supper with him and he made him that answer.
MR. DOANE. Q. Had you seen him at all that evening? A. No, nor on Monday, only at this time, Tuesday morning—I was never in the deceased's company before the ball night.
WILLIAM HACKETT SHAW . I am a sergeant of the police. I first saw the prisoner in custody at the station, about half-past three o'clock in the morning—I noticed that the skin of his right hand was driven on one side, and a slight cut here—(inside between the thumb and finger)—it was a fresh wound—there was a wound on his finger—that was an old wound, and had a bit of plaster on it—I did not examine it, but it appeared an old wound—the plaster was dirty.
Cross-examined. Q. Were you examined before the Coroner? A. Yes, but not before the Magistrate.
COURT. Q. Was the wound such as a pistol, that recoiled a good deal, would make on the hand? A. I believe it was.
MR. CLARKSON. Q. Did you ask him whether he had spent the evening in the deceased's company? A. I asked if he had been in company of the deceased—he said he had spent the whole evening with her at her brother's—I said he was not obliged to answer my questions—he said, "I am not afraid; I will answer you any questions you like; I am an innocent man, and need not be afraid of anything"—I said, "Of course, if you are an innocent man you need not be afraid of anything," and then he said he was innocent—I asked him if he had been keeping company with the girl—he said, "Yes, for two years"—when I asked him about the spot of blood on his apron, he said he was not aware there was any blood on it—I said, "There is"—he said, "Then I suppose it must have come from my hand"—he showed me the cut in the hollow between his thumb and forefinger—I thought at the time it had not bled recently—it was a skin wound—the skin is very thick there—it had not bled much, I am certain—it did not appear to have bled recently—I should not suppose it had bled much at any time—it was merely a skin wound.
WILLIAM CUMMING . I am a surgeon of the London Hospital. Soon after one o'clock, in the morning of the 28th of Jan., the body of the deceased was brought there—she was quite dead—I saw a mark on the left side of her neck—it was a black patch, spattered with blood and gunpowder, such a mark as I should expect to see from a pistol discharged close to the person, there was so much blood—there was a great deal of blood upon her clothes—I looked at her hands—there was no appearance of blood upon her hands, but they were slightly smeared, as if from the fingers of persons who had touched her wiih their bloody fingers—anybody who touched her clothes would have got smeared in raising her up—I afterwards made a post mortem examination, and found a wound in the black patch, extending upwards to the back of the head to the top of the spine—I afterwards extracted
two bullets and some wadding—I have no doubt that caused her death—the two bullets produced are the same.
GUILTY . Aged 22.— Death.
Before Mr. Justice Williams.
594. WILLIAM ONLEY was indicted for stealing (whilst employed under the Post-office) a certain post-letter, containing a sovereign, a half-sovereign, an almanack, and 1 5l. note, the monies and property of to Majesty's Postmaster-general.—5 other COUNTS, varying the manner of stating the charge.
THE SOLICITOR-GENERAL, with MESSRS. ADOLPHUS and BODKIN conducted the Prosecution.
JOHN HENRY GROOM . I am assistant to a bookseller at Dewsbnry in Yorkshire; I have a brother at Islington, named Richard Groom. On the eveniog of the 26th of Dec. last, I wrote a letter to him, and pat into it a 5l. Bank of England note, a sovereign, and a half-sovereign—the gold was secured inside a small penny almanack—I sealed the letter with sealing wax, and stamped it with four penny postage stamps—I pot it into my pocket-book till the following morning, and then carried it to the Dewsbury post-office, and with my own hand put it into the letter-box, a little before nine o'clock—before I inclosed the Bank-note I took a memorandum of the number and date, which I have here—I made it myself, just before I put the note into the letter—(read—X T 20905, Leeds, July 25, 1843)—I expected an answer from my brother in a day or two—I did not receive one, and wrote to him again, and on the 2nd of Jan., in consequence of his reply, directed him to go to the Post-office and to the Bank, and make inquiries—the note now produced is the one I put into the letter—I directed the letter to "Mr. Richard Groom, 14, Upper Bansbury-street, Liverpool-road, Islington, London"—I have never seen that letter again.
PAUL FLETCHER . I am postmaster at Dewsbury—a letter placed in my post-office a little before nine o'clock in the morning of the 27th of Dec., would leave Dewsbury at five or a quarter past five on the same day—I made up the letter-bag on that day, and put the usual letter-bill into bag—this is the bill I forwarded on the 27th of December.
Cross-examined by MR. DOANE. Q. Does this indicate that there were no unpaid letters for London at that time? A. No—here is "1s. 4d. "that was for letters which I received the amount of—I cannot state in respect of how many letters that 1s. 4d. was paid—there were no unpaid letters that day—I call them paid letters when they have the heads on—I received 1s. 4d. in cash, which I was accountable for.
WALTER ROBERTSON SCULTHORPE . I am one of the presidents of the Post-office—the prisoner was employed in the Post-office as a letter-carrier at Islington—if a letter was posted at Dewsbury on the 27th, it would reach London between five and six o'clock on the morning of the 28th; and if that letter was addressed to Islington, it would be forwarded from the Inland-office to the London District-post, and there sorted to the Islington box, and forwarded about half-past eight o'clock—there are two dispatches one at half-past eight, to forward the letter-carriers in sorting, and the other about half-past nine—it would be forwarded by one of those dispatches
to the Islington district, in a bag made up with the Islington letters—there were thirteen letter-carriers at Islington at that time—when the bags arrived at Islington, it was the duty of the letter-carriers there to assist in sorting them into walks, for the purpose of delivery.
Cross-examined by MR. PAYNE. Q. I understand you only to be speaking of a general practice, not to anything that was done on a particular day? A. No.
WILLIAM ALDEBSON WALTON . I am a clerk in the Inland department, at the Post-office. On the 28th of Dec. I received the Dewsbury letter-bag, about seven o'clock—it was properly sealed and tied—this letter-bill was in the bag—the letters corresponded with that bill.
Cross-examined by MR. DOANE. Q. There is no account of any letten here, is there? A. Only 1s. 4d., the amount of the paid letters—the quantity of letters is not mentioned—the amount of paid letten corresponded with the bill.
COURT. Q. But the particular letten are not described? A. Not at all, only the unpaid letters are noticed, not the stamped letters.
CHARLES SCOTT . I was on dirty at the General Post-office, on the 28th of Dec.—I made up the two dispatches of letters for the Islington district that morning—the first dispatch was forwarded by a messenger, at half-past eight o'clock, and the second by the rider, about half-past nine—I forwarded them both securely, in the usual way.
Cross-examined by MR. PAYNE. Q. I suppose you did not make any examination of them to see what they were? A. No, I merely sent them off.
JOHN WOOD . I am superior charge-taker of the Islington branch-office. The prisoner was a letter-carrier, at Islington—he was on duty on the-morning of the 28th of Dec.—I know that from this book, which is the attendance-book of the letter-carriers—I make the entries in the book, of their arrival, and each letter-carrier puts his own signature to the twe of his arrival—here is the prisoner's name—he arrived at the-office at ten minutes to nine—immediately on the receipt of the letter-bag, it would be opened by the letter-carrier, whose seat is opposite to mine, ami a bundle handed to each letter-carrier in attendance, who sorts them into divisions—there are thirteen carriers at my office—when the sorting is over, they are delivered to eaen letter-carrier for his delivery—the letters are not put into walks till they have sorted them, or they might get letters which do not belong to their own walk—somewhere about the latter end of Dec., or the beginning of Jan., during the progress of business, the prisoner, in a very off-hand way, stated that he had lost his notice-paper for the Insurance-office, but he did not know how, or in what way, unless he pulled it out with his handkerchief, or string; and that on going to the office, he found that his policy had been paid, and the receipt cut out of the book—I remarked that it was very strange that any stranger should pay his insurance for him, and advised him to go again to the office to see if there was any mistake in it, for if the wrong receipt was cut out and given to another person, they would most assuredly take it back again, and would not keep it as their own—about two days after the prisoner had a letter in his hand, and said, "Here is my receipt, some one has sent it me"—he did not speak to me expressly—he spoke generally in the office.
Q. Did the prisoner tell you that he had lost his notice for the Insurance
office, before the conversation in which he told you that he had been to the office, and found that somebody had paid it? A. He only mentioned the subject once—it was at that time that he told me had been to the office and found the receipt cut out of the book, and it was two days after he said, "Here is my receipt, some one has sent it to me."
Cross-examined by MR. PAYNE. Q. Was there anybody else present at this conversation? A. Yes—I do not recollect that all the letter-carriers were in at the time—there were other letter-carriers there—it was said openly—I made no memorandum of the conversation—it was in an off-hand way—I took no further notice of it, not expecting that anything would call it in question—it was about a month before this charge was made against him.
WILLIAM MICHAEL . I am sometimes employed as a messenger at the District Post-office. I was so on the 28th of Dec. last, in the morning—I received the first bag for Islington, and carried it safely in the same state as I received it, to Islington—I started at half-past eight, and reached Islington seven or eight minutes before nine.
JOHN SPINK . I was one of the letter-carriers of the Islington district on the 28th of Dec. last—a letter addressed to Upper Barnsbury-street, White Conduit-fields, would be in my walk—I was in attendance on my duty at the office at Islington, on the 28th of Dec., and assisted in sorting the letters—I have no recollection of seeing such a letter, or of having it to deliver that morning—I delivered all the letters accurately in my walk that were given me for the purpose.
Cross-examined by MR. PAYNE. Q. Do you mean that you have a distinct recollection that you had no such letter that morning? A. No—I have no recollection—I made no memorandum of the letters.
COURT. Q. Do you recollect whether the prisoner was present at the time the letters were sorted that morning? A. I do not recollect.
JOHN WOOD re-examined. I have no time entered in the book when the prisoner left—there is no memorandum made of the time of departure, only of arrival—the letter-carriers continue till the letters are all sorted, and the mis-sorts all corrected—they never leave the office till the letters are all sorted, ready for delivery in the different walks.
Cross-examined by MR. PAYNE. Q. That is if they stay the proper time? A. I do not allow them to depart—I am there all the time—I recollect seeing the prisoner there that morning—I have a perfect recollection of it—it is my duty to see that they sign the correct time of their arrival, and I take it from that he came at ten minutes to nine o'clock—he went away at the usual time of leaving the office, about ten minutes to ten—I have a distinct recollection of his being there that morning.
RICHARD GROOM . I am clerk to a solicitor in London, and brother to John Henry Groom, who has been examined—I reside at No. 14, Upper Barnsbury-street, Islington. On the 28th of Dec. I received no such letter as my brother has spoken of, nor did I ever receive such a letter.
Cross-examined by MR. PAYNE. Q. I suppose you do not take in all the letters that come to your house? A. no—all the parties are here who were in the house that day.
Office. In 1835 a policy was effected in that office on the furniture in a house, No. 15, Regent's-terrace, White Conduit-fields, Islington—this is the policy—the number of it is 443116, and the amount 100l., on furniture at the dwelling-house of Mr. William Onley—the annual premium and duty is 6s.—it is our usual course to send out a notice when the time for the payment of the premium is arriving—one would have gone to Mr. William Onley in the usual course of business—I have no personal recollection of it—I have here such a notice, with the post mark on it—the premium upon that policy appears to have been paid, by my account, but I have no recollection of receiving it—I receive a great many—I have the book here, which contains the margin of the receipt corresponding with the receipt—on the 30th of Dec. I have an entry of my own—a 5l. note was tendered in payment of the premium—I put the number of the policy on the note—(looking at the 5l. note)—I find the number 443116 on this note—that is the number of the policy put by myself—I gave a receipt at the time—I only remember the transaction generally—whether a man or woman paid it I cannot tell—it it my invariable practice to put the number of the policy on a note, in the presence of the person who gives it me—I marked the change for the 5l. note on the notice at the time—here is 4l. 14s. marked upon this notice—this is the receipt that I gave—it is my writing—(This receipt was produced by Peak, and was dated 30th Dec, 1844, for the payment of 6s., premium and duty, by Mr. William Onley, on policy number 443116, and signed by the witness)—this is the date the receipt was issued.
Cross-examined by MR. PAYNE. Q. Are you sure you did not make any mistake in the number of the policy that you put on the note? A. I have every reason to believe not—there are six figures.
MATTHEW PEAK . I am a police-constable acting at the General Post-office. On the 27th of Jan. I was in the Solicitor's office—the prisoner was there under an inquiry—he was asked where he lived—he said at No. 15, Regent's-terrace, White Conduit-fields—he was asked what rent he paid—he said 21l. per annum—he was asked who insured the house and furniture—he said he insured the furniture for 100l., at the Royal Exchange, and the premium was 6s.—he was then asked who paid the last premium—he said, "I did,"but then, apparently recollecting himself, he said, "Oh, there is some mistake about that; I lost my notice paper which was sent to me from the Insurance Office; I mentioned the circumstance to Mr. Wood, the charge-taker, that I had done so,"and that he did not know how he should get to know how to pay his insurance—he said Mr. Wood advised him to take down the policy to the Insurance Office, and the number would answer the same as the notice—he said that he did so, and when he came there he found that the insurance was paid, but by whom he could not say, nor did he ask; that two or three days after he received a letter containing the receipt, which he showed to all the letter-carriers at the Islington district—he was asked to produce the letter, and he said he could, not—the Solicitor said that the insurance had been paid by a 5l. note, which was inclosed in a letter addressed to No. 14, Upper Barnsbury-street, Islington—he said he could not tell how that could be—he was about leaving the Solicitor's room, when he said, "Can I see the gentleman?—he was asked what gentleman, and he said, "The gentleman to whom the letter was addressed"—he was asked what he wanted with the gentleman, and he said, to give him the money, if he pledged his bed for it—I then
took him to my own house, at his request, rather than go to the station that night—in going along he requested to see a Mr. Whitewick, a lodger of his—I got a messenger to go for him, and he came to my house—I told them I must notice all they said—the prisoner said to Mr. Whitewick "I want you to go to Islington; you will be too late to see the man at the office; go to No. 6, Moon-street; he will tell you where Spinks lives and Spinks will tell you where the gentleman lives who was to have the letter, and get the money, if you pledge my bed"—they were about saying something else, and I stopped it—I went to No. 15, Regent's-terrace, where he was living—I made a search of the house, and found this policy, which I have produced, and this file of receipts—the receipts were at the top of a book-case, and the policy I found in a drawer of the burem underneath the book-case—I returned to the office, and the prisoner was given into custody.
Cross-examined by MR. PAYNE. Q. Was there any friend or adviser of the prisoner present when he was taken to the solicitor's office to be examined? A. No—Mr. Sculthorpe, Mr. William Peacock, and another gentleman, Mr. Phillips, I believe, were present—I did not caution the prisoner there—the conversation at the Solicitor's office did not take more than fire minute—it was before he and Mr. Whitewick commenced conversation that I said I must notice what he was saying; and when I found the conversation was against the prisoner, I stopped it—I went to the prisoner's house, and saw his wife—I produced the policy to her, and said, "You paid this with a 5l. note—she said, "Yes"—I did not, before she said so, say, "It is no use your denying it, for your husband said you paid it with a 5l. note, and it will benefit him if you can tell me the day upon which it was paid"—I said nothing to that effect; allow me to state what I did say; it was something to that effect; I said, "Your husband says that you paid the last insurance;" she said, "Yes;" I said, "With a 5l. note?" she said, "Yes;" I said, "What did you do with the change?" she said, "Sir, that was part of it that you saw when you were here before"—I had been there on the 15th—it was untrue that the husband had told me this; he had never said any such thing, although I told her that he had—we are obliged to tell falsehoods to get truth, I swear that, and I could mention three cases that I have an object in now, where I have got the stolen property—the prisoner's wife did not at first deny that she had paid the prennn—she answered me off-hand, as I answer you—Mr. and Mrs. Whitewick were not present, I swear that, not during the conversation at all—Mr. Whitewick never came in till Mrs. Onley fainted away—she fainted away on a question I was asking her about the gentleman she paid the money to, whether it was an old or young gentleman.
Q. Will you persist in swearing that the prisoner's wife did not at fint say that she knew nothing about the matter, and then go into a fainting fit; and while she was in a half-insensible state, did not you reiterate the question? and was it not while she was in that state that she said "Yes"? A. Not at all—I swear that. I speak the truth—I have been fifteen years in the police, and never was contradicted before—I never told the prisoner's wife that it would benefit her husband—I told Mrs. Whitewick that I wanted to get at the date—Mrs. Whitewick came down, and I said to her, "Mr. Onley has sent me, stating that Mrs. Onley has changed a 5l. note to pay the policy"—Mrs. Whitewick then said "I recollect Mrs. Onley going out clean one day"—I then pressed her to
get at that date—she and her husband had a conversation on it, and came to the conclusion that it was on a day that her husband had a parcel sent from the country—I told the prisoner that his wife had admitted that the had paid the 5l. note for the premium—he said, "Oh, that woman will say anything to get me out of trouble, and put it on her own shoulders."
MR. SOLICITOR-GENERAL. Q. When had you searched the prisoner's house? A. On the 15th of Jan.—I found about 4l. 10s. in a drawer.
(William Wilkinson, surgeon; Samuel Gissing, oil and colourman, of No. 40, Hamilton-row, Bagnigge-wells-road; William Simpson, watch-manufacturer, of No. 6, Regent's-terrace, Islington; Frederick Barlow, mrveyor, of Gray's Inn-road; Francis Hancock, butcher, of No. 15, Copenhagen-street, Islington; and Thomas Hammond, carpenter and builder, of No. 9, Bride-street, Liverpool-road, Islington; gave the prisoner a good character.)
GUILTY. Aged 35.—Recommended to mercy by the Jury on account of his previous good character. — Transported for Seven Years.
Before Mr. Baron Parke.
THOMAS DIXON . I manage the business of my father, George Dixon, who keeps the Worcester Arms public-house, in George-street, Portmansquare; I know the prisoner—he is a tailor; his mother keeps a lodging-house on the opposite side of the street. On the 24th of Jan. I saw the prisoner at the bar of my father's house—he had a pint of half-and-half, and paid for it with three penny pieces—before he paid for it he produced this cheek, and asked for change for it—I gave him change, seven movereigns and a half—I presented it next day at Sir Claude Scott's—it was not paid—they wrote on it, "No account."
Q. How long had you known the prisoner? A. Not more than two or three months—he lived opposite, with his mother—he was apprenticed away from his mother, to a Mr. Cherry's—I only saw him casually—I did not see him after I had presented the check, till he was in custody.
WILLIAM CHERRY . I am a tailor, and live in Upper Seymour-street. The prisoner was in my service as an apprentice, for three years—he left my service on the 19th of Jan., without leave—I found him at a shop in Green-street, on the 30th of Jan., and gave him into custody—during the time he was in my service, I have often seen him write—I have a knowledge of his handwriting, so as to be able to swear positively to it—this check is his handwriting—the whole of it, except the two words, "No account"—I have no doubt about it at all—I know no person named Jerningham.
The check being read, was for 7l. 10s., signed, "C.E. Jerningham,"
GUILTY . Aged 20.— Transported for Fifteen Years.
(There was another indictment against the prisoner, and he had been before convicted, and sentenced to transportation.)
OLD COURT.—Friday, March the 7th, 1845.
First Jury, before Mr. Recorder.
657. JOHN WILLIAMS and THOMAS PAYNE were indicted for stealing, on the 1st of March, at Paddington, 28 spoons, value 28l.; 24 forks, 18l. 6s.; 3 ladles, 5l.; 1 fish-slice, 1l. 10s.; 1 wine-strainer, 1l.; 1 pair of sugar-tongs, 1l.; 3 wine-labels, 15s.; 1 skewer, 5s.; 4 kniferests, 4s.; 2 pairs of nut-crackers, 2s.; and 6 knives, 5s.; the goods of John Shaw Smith, in his dwelling-house: to which
WILLIAMS pleaded GUILTY . Aged 17.
PAYNE pleaded GUILTY . Aged 15.
Transported for Ten Years.
ANN FORMAN FESENMEYER . I am the wife of Frederick Ruppersberger Fesenmeyer, and live at No. 20, Upper Islington-terrace. The prisoner was in our service for eleven months, and left on Tuesday, the 7th of Feb., without giving notice—I had missed a tea and table-spoon, and asked her to look for them—she pretended to do so—I have since seen the tea-spoon at the pawnbroker's—I missed a sheet—the prisoner said the laundress had that, and lost it, but was willing to pay for it at 1s. a week—I have not found that.
Cross-examined by MR. DOANE. Q. Did you give her any directions what to say to the laundress about the sheet? A. I said it must be paid for—that was about a fortnight before she left—I had a good character with her.
EDWARD PARKER (police-constable E 124.) I took the prisoner into custody on the 9th of Feb., in Abbey-place, St. Pancras, about two miles from the prosecutrix's—I charged her with taking the spoon and other articles—she said she had taken nothing but the silver spoon, and the duplicate was up stairs, but she did not produce it.
Cross-examined. Q. I believe you received 4s. with the paper? A. Yes—I understood that was part of my bill, which the prisoner had not paid me, though I understood the prosecutrix had paid her.
sentence;)—"That sheet that was lost last week she says must be paid for at 1s. a week, which I will pay; I send you the money."
(The prisoner received a good character.)
GUILTY of stealing the spoon. Aged 25.—Recommended to mercy.
Third Jury, before Mr. Justice Parke.
660. WILLIAM CASEY, alias Bozer, alias White, alias Smith , was indicted for feloniously forging and uttering, on the 6th of July, 1842, an acceptance to a bill of exchange for 65l., with intent to defraud Richard Patterson.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
RICHARD PATTERSON . I was formerly a confectioner, living at No. 203, Oxford-street. I am now messman to the Royal Artillery at Woolwich—I have known the prisoner three or four years—in July, 1842, the prisoner was in my debt 20l.—in that month he produced this bill of exchange to me to be discounted, or to give him the difference of it, and take what was owing to me—at the time he brought it me I said, "You must leave this for inquiry, I cannot part with my money in this way; I must know who this Samuel Roberts is"—I had discounted for the prisoner before, but never for an acceptor of the name of Roberts—I said, "Who is the bill from?"—he said, "A gentleman residing at Stafford, who resides on his own estate"—I said, "Is it for money or goods?"—he said, "For wine I have sold"—I first advanced him 20l. on the bill, for which he gave me this "I O U—he left the bill with me—I wrote to Stafford, and received an answer—I wrote a second letter to Stafford—this is the letter—it was returned to me as it is now by the post—I received an answer to this letter—before the bill became due I gave the prisoner the difference of the bill—I gave him 15l. more after I received the first letter—he owed me 5l., and 15l. previous to that—he received in all 60l. from me, and 5l. I took for discount—the bill was presented at Cox and Biddulph's, where it is made payable, but was not paid—in consequence of that, and of what I learnt at Cox and Biddulph's, I applied for a warrant to apprehend the prisoner, and offered a reward for his apprehension—in Dec., 1842, about three months after the bill had become due, I received this letter—I have seen the prisoner write, and had communications with him, and have acquired a knowledge of his handwriting—I can swear to this letter being his handwriting—(looking at another letter)—this is the letter I received in answer to that I wrote to Stafford—I do not know the writer of that, nor this—(looking at another)—it is a fac-simile of the other—I can form no opinion of it.
(The bill was here read, dated London, the 6th of July, 1842, for 65l., at two months, drawn by William Casey on Mr. S. Roberts, Stafford, and accepted by Samuel Roberts, payable at Cox and Biddulph's, hankers, London. The I O U was for 20l., and was stated to be in part payment of the bill. The letter stated to be the prisoner's writing was follows:—"London, Dec. 27, 1842. Old Blow-hard, I have received from four of my friends the Sunday Times, wherein you offer 10l. reward; what a d—d fool you are to imagine that your paltry 10l. would induce any person to betray me, without they were as big
a rogue as yourself. Let me advise you to offer 20l., and then it may do some good, as it would just pay law expenses; but in your next advertisement refrain from those lies which you have so barefacedly set forth, and state the amount received by me, and the amount of the bill-let me advise you to keep that d—d tongue quiet; if not, look out did you imagine that my wile's relations would pay you? if you thought go, you are a greater ass than I thought you were; but I cannot be surprised at anything you do, as you are vagabond enough for anything; yours till the next, William Casey.")
RICHARD PATTERSON (continued.) I heard nothing more of the prisoner after the receipt of that letter till Aug., 1843—in consequence of what I then heard I came to Newgate. and saw the prisoner there—he was therein the name of William Smith—I lodged a detainer against him about three or four months after, and on the 4th of Feb., when he was about to be discharged, he was taken on this charge, taken before Mr. Rawliuson the Magistrate, and committed.
Cross-examined by MR. BALLANTINE. Q. The letter beginning "Old Blow-hard" was not produced before the Magistrate, was it? A. Yes; the prisoner was introduced to me by a friend named Moyce, who lives at Islington, in the neighbourhood where the prisoner lived—I have beeb somewhat of a sporting man—I was a better on the turf to a certain extent—I did not know the prisoner in that way, nor did I know he was a person who betted occasionally—he was introduced to me for the purpose of discounting—that was occasionally my practice when I was a confectioner, in Oxford-street—I sometimes got more than five per cent—I should not have been induced to discount this bill had I not believed that the acceptor was a gentleman of large property—I wrote my first letter of inquiry to Stafford on the day the bill was left me—I did not go to Cox and Biddulph's to make any inquiry—I noticed that the bill purported to be payable there—it did not occur to me that I might have made an immediate inquiry there—I have been in the habit of discounting bills for fourteen or sixteen years—I have never been introduced to a Mr. Roberts—I have seen many Mr. Roberts—I have seen three or four Mr. Roberts on the subject of this bill—I have seen one Mr. Roberts in the Queen's Bench—I saw him a year and a half ago perhaps—I can't say whether it was before or after I lodged the detainer against the prisoner—it is so long since, I cannot remember—when I saw the prisoner in Newgate it was on the morning of his trial, or the day before I think it was—I know it was within a day or so—I showed Mr. Roberts the letter—I don't think I showed him the note—I had not the note—after seeing Mr. Roberts I went to the prisoner's wife—I went several times—perhaps it was a day or two after the bill was dishonoured, but I cannot charge my memory—I instructed an attorney, of the name of Bentham, to write to him—I can't say when that was—I can't tell whether I received a communication from Mr. Bentham afterwards—Mr. Bentham has left business—I have no recollection of his communicating to me the result of his writing—I can't remember whether it was after or before that that I went to the prisoner's wife—I went to her two or three times—I will swear I did not go a dozen—I went for the purpose of hearing whether she had heard of Casey, and whether she knew where he was—that was not after I believed he had committed a forgery—I first
ascertained there was no Mr. Roberts, after the bill was returned into my hands—I then began to be diligent to know what had become of Casey, and I found he was in Whitecross-street—I took steps to find him—I looked for the drawer—the acceptor was of no use to me—I looked to the drawer—one was a man I did know, and the other I did not know—I cannot tell how long it was before I wrote to Mr. Roberts, of Stafford—it was no use to write to Stafford, because my other letters were returned—my letter that was returned was written on the 13th, and it was a fortnight before it came back to me—I wrote to make inquiries at Stafford, about a fortnight after the receipt of this, perhaps a month after the dishonour of the bill—this letter was returned after I advanced the money, before the bill was dishonoured—at the time of the dishonour of the bill I had reason to believe there was no such person as Roberts at Stafford, from my letter coming back—I believed, at the time the bill was returned to me, there was a person named Roberts at Stafford, who could pay the bill—I did not apply to any person at Stafford to pay the bill—I made inquiries at Stafford—I could not find the drawer—I continued to look for the prisoner up to the time of his coming here—I did not desire that his wife should pay the money—I applied to her to know where Casey was, that I might get the money—I did not threaten criminal proceedings, in the event of her not telling roe, but in the event of my not finding him—if the money had been sent, I should probably not have enforced proceedings—it is not unusual, when persons do not honour their bills, to grant a little indulgence—I have granted two or three months, and longer—I do not know where the Mr. Roberts, who I saw in the Queen's Bench, is now—I have not been looking for him, or inquired at the Queen's Bench for him—I had never seen him previously, and have not seen him on the turf since.
MR. CLARKSON. Q. At the time the bill became due, did you believe there was a Roberts of Stafford? A. I did—of course, from a former letter that I received I supposed Mr. Roberts must have been living there., or might have been away from home—I received two letters—I received an answer to one letter.
THOMAS HAMMERSLEY . I am the letter-carrier for the first district of Stafford, and have held that situation above seven years—in 1842 there was no person named Samuel Roberts, to my knowledge, living at Stafford, or having any property there, nor did I deliver any letter to any such person—there was no such person in my district to my knowledge—this letter, with the post-mark of Newcastle-under-Lyne, has been returned from there to the dead-letter office, London—I see the handwriting of the proper officer upon it, "Try Potteries"—there being no such person in the town of Stafford, the clerk would write, "Try Potteries," in Stafford shire—there was not "Staffordshire" on the letter.
Cross-examined. Q. I suppose persons very often direct to Stafford, meaning the Potteries? A. They do—the population of Stafford is about 13,000—there is no attorney named Roberts, of Stafford, and never was, not a resident in the town—there might be a gentleman come the Sessions or Assizes, but not a resident—there was no such person in district in July, 1842, either as a lodger, or in any other way, that had any letter—I should not know of all the letters left at the office to be for—I sort a part of the letters.
MR. CLARKSON. Q. You sort one district, and your brother postman
the other? A. Yes—I never delivered any letter to Roberts of Stafford, in July, 1842—my district contains a divided moiety of the population.
THOMAS KENDERINE . I am the letter-carrier of Stafford for the second district—it is only divided into two districts—in July, 1842, there was no such person as Samuel Roberts living in my district in Stafford—I never heard the name—I never delivered a letter to any such name—if such a person had resided in my district, I believe I should have known it.
JOSEPH JONES . I am an auctioneer and printer, at Stafford. In 1842 I was the collector for the whole borough of Stafford—there was no such person as Samuel Roberts living there in that year, to my knowledge—if there had been a resident of that name, or a person in the ocenpation or possession of a large estate, in 1842, I should certainly have know-it—there was none to my knowledge.
WILLIAM WELLBORNE . I am one of the clerks in the banking-house of Messrs. Cox and Biddulph. In July, 1842, we had no customer of the name of Samuel Roberts, nor at the time when this bill became due.
Cross-examined. Q. I presume that any person might have ascertained that fact, by inquiring at your banking-house? A. Yes, we should have answered that of course—it is not usual with us to receive a sum of money from any person to meet a bill—it must have been advised through some banking-house in the country—that is the regular way—if a person came and offered to deposit a sum of money to meet a bill expected to be due, we should not receive it, having no account of it.
MR. CLARKSON. Q. That is, you would not receive money from a stranger to the house, to meet an acceptance? A. Certainly not.
WILLIAM CUMMING (police-sergeant D 3.) On the 4th of Feb. I took the prisoner into custody at the House of Correction—I had gone with the prosecutor in 1842, at the latter end of Dec., or the 1st of Jan., to endeavour to apprehend him, at Stafford, Newcastle, and different places—when I took the prisoner, I read the Magistrate's warrant to him—after hearing it read, he said, "There is no forgery; Samuel Roberts is well known, and he is now in the Queen's Bench prison."
Cross-examined. Q. At that time the prisoner had never been out of the custody of the law? A. No.
MR. BALLANTINE called
THOMAS JAMES . I am now out of business—I was a publican, and kept the Prince Albert, in Albert-street, City-road—I knew the prisoner before he went to prison—he frequented the house I kept, and lived in the same street—I knew a person named Roberts—the prisoner used to call him Sam, when they were friendly together—I have often seen them together—Mr. Roberts used to come several times, and leave notes for Casey, and I have seen Casey give him money, but what about I do not know—at one time I saw Casey give him fifteen or sixteen sovereigns, and he thanked him, and all that sort of thing—I do not know what has become of Mr. Roberts—I have not seen him lately—the last time I saw him was two years and a half ago, for what I know—I did not keep it in my mind—I knew nothing about this till the day before yesterday, and then I came in here just by accident, as I did to-day, hearing the case was coming on—I have not been examined by any attorney for the purpose of giving evidence.
COURT. Q. Do you know Roberts' handwriting at all? A. No, I do not.
MR. BALLANTINE. Q. Did you ever see any notes written by him? A. Yes—I have seen him come when Casey was not there, and I have taken pen and ink into the parlour to him—I have no recollection of his handwriting from that—it was a smallish hand, a good bit of a hand, according to what I have seen of it—I have no judgment or belief about his handwriting to swear to it—I could tell very near, I think, to the best of my recollection, but it is a long time ago—the acceptance to this bill of exchange (looking at it) is something like it—it is a small hand, as I say—it is something like it, but I cannot swear to it.
COURT. Q. Have you seen enough of Roberts' handwriting to form an opinion what is or is not his writing? A. On my word I cannot say—I dare say he has left twenty or thirty little notes at our house—I have not looked at them—I had no occasion to have my attention directed to them particularly, to see what they were.
MR. BALLANTINE. Q. Then am I to understand you to have any belief about this? A. Well, as I said before, it is a very small hand, something like it—whether it is it or not I cannot say.
MR. CLARKSON. Q. When were you sent for to come here? A. I was not sent for at all—I was at my old house last Wednesday, and heard the parties in the room speaking about this, a public party—I was sitting by the attorney just now quite by accident—I am out of business now—I have got money enough out of my business to keep me at present till I can get another house—I left it last Tuesday three weeks—I think you know how long I was there, for you were counsel for me in opposing the beer-shop at the corner—I have been there four years.
GUILTY of Uttering. Aged 30.— Transported for Seven Years.
WILLIAM AUSTIN . I am mate of the Richard and Neville Parker brig, lying at the Yarmouth-chains, opposite the Custom-house. The prisoner was one of the crew—on Tuesday evening last he went ashore without leave—he came back about ten o'clock on Wednesday morning—he appeared to be very drunk, drunker than I think he really was—he came down into the hold, were I was working with another man—he took off his jacket, and said he would have murder—I never spoke at all—the captain came on board, and the prisoner went into the cabin and asked for his discharge—the captain said his voyage was not up, and he could not have it—another man went into the cabin, and the prisoner went to listen to what was said—I said he had no business to do so—he struck me, and ill-used me—we were parted—he came again, took the handspike and hit me a heavy blow across the thigh, and I think he has fractured the bone—he then attempted to strike me on the head—I rushed in and prevented him—I was obliged to get some assistance—I went ashore for the police to take him out of the ship, or we should get killed—I found Hyde, the policeman, standing just abreast of the Custom-house, I suppose about a quarter of a mile from where I was assaulted—I brought him on board—the prisoner was standing at the companion door, talking to the captain, who was in the cabin—I had told Hyde that I had been assaulted—he asked the prisoner what was the matter—he said it was no business to him, or something of that sort—Hyde said he must come with him—he
said no, he would not—he said so several times—he took up a piece of rope—the policeman had him by the collar, and the prisoner hit him with the rope—he afterwards tried to gripe the policeman by the throat—he drew his staff to advise him to keep off, and hit him with it—they scuffled and fell—the prisoner took away the staff from the policeman, and hit him ever so many times over the head with it.
Prisoner. Q. Did not the policeman strike me with his staff before I attempted to say anything to him? A. No, he did not—you hit him with the rope before he touched you—the policeman begged you to come without any violence, but you would not.
GEORGE HYDE (City police-constable, No. 516.) On Wednesday morning last I was fetched on board this ship by the mate and one of the sailors, in consequence of some assault on board—I went on board immediately, and the prisoner was pointed out to me astern—I went to him and said, "Halloo, what is the matter? what a foolish man you must be, going on like this, creating a disturbance here; here is the mate has charged you with an assault and striking him with a handspike"—he was standing quiet at that time—he had no weapon in his hand—I said, "Now let me persuade you to go quietly along with me to the station"—he said I had no business to interfere with him, he was going down below—I told him he was not going down there, he must go along with me to the station, as the mate had charged him—the station is about five minutes' walk from the waterside, opposite where the ship was lying—he sidled on one side, caught hold of a piece of rope, and said he would not go for me or anybody else—he appeared as if he had been drinking, but was perfectly cognisant of what he was doing—I saw the rope in his hand—he made towards me, and struck me over the shoulder with it—I had not hold of him at that time—I then drew my truncheon, and told him, if he did not be quiet, I should certainly strike him with it—with that he rushed towards me with the rope in his hand—he tried to get his hand inside my collar—I then struck him with my staff, at the same time telling him to keep off—he closed in upon me, and we both went down together—we got up again, and soon after that he was coming at me again in a fighting attitude—he then rushed in all at once, seized my staff, twisted it out of my hand, and struck me on the head six or seven times with it—he struck me one or two blows while he was down, which were not very hard ones—some of them were very hard; one cut my head open—I have been attended by a surgeon—he is not here—the flesh was divided, and the blood all ran down my face—with the assistance of one of the sailors we got him down on the deck, and got the truncheon out of his hand—he then got away again, went to the fore part of the vessel, got up the handspike and was in the act of striking me over the head with it—I and one of the sailors rushed in on him, and got it away from him—we got him down on the deck again, then tied his feet together, and afterwards secured his hands—shortly after that the Thames police came alongside, and they assisted me in getting him out of the ship and taking him to the station—this happened in the City.
Prisoner. When he first came on board he struck me on the head, and hurt me, before I attempted to resist at all. Witness. I did not strike him till after he struck me with the rope, and after I had persuaded him to go with me quietly.
On Wednesday last I was on board the vessel when Hyde came on board—the prisoner struck the blow with a rope, and it not till after that that Hyde struck him about the head.
Prisoner's Defence. I was in liquor, and did not know what I was doing; some of them might get hurt, and I not know how it happened; I asked the policeman to lay me down, and he struck me over the head, and I asked him to let me go down below, and turn in; I have a large family.
GUILTY . Aged 26.— Confined Six Months.
OLD COURT.—Saturday, March 8th, 1845.
Second Jury, before Mr. Recorder.
662. JOHN DOUGLAS NIVEN was indicted for burglariously breaking and entering the dwelling-house of Thomas Nickell, about three o'clock in the night of the 1st of March, at St. Mary, Islington, with intent to steal, and stealing therein, 1 watch, value 1l.; 1 watch-key, 3d.; 1 coat, 9d.; 4 spoons, 2s.; 1 box, 1s.; 1 spectacle-case, 1s.; 1 shirt, 2s. 6d.; 1 handkerchief, 1s.; 24 pence, 48 halfpence, and 16 farthings; his property; to which he pleaded
GUILTY . Aged 24.— Confined One Year.
663. JOHN GREEN was indicted for feloniously breaking and entering, the dwelling-house of Thomas Wright, on the 4th of March, at St. Ann, Westminster, and stealing therein, 1 watch-case, value 1s.; and 10 watches, 34l.; his goods: to which he pleaded
GUILTY .— Confined One Year.
664. AMELIA MADEW, SELINA EDWARDS , and SUSAN PAULO , were indicted for stealing, on the 4th of Feb., at St. Marylebone, 1 box, value 6d., the goods of Hannah Madew: and 1 tin box, 1d.; 1 watch, 1l. 10s.; 2 seals, 10s.; 1 watch-key, 1d.; and 8 sovereigns; the property of John Greening, in his dwelling-house.
JOHN GREENING . I live at No. 14, Little North-street, Lisson-grove, in the parish of St. Marylebone—the prisoner Madew is my grand-daughter—she lived with her mother in the parlour, and I and my wife in the first floor—my wife is very ill—I had a large box, like a carpenter's box, which I kept in my room by my bed-side—I put eight sovereigns in a tin box into that large box, of which I kept the key—I had received a watch from my daughter several weeks back—I put that into a little box, and put it into the large box—I always kept it locked—I locked it safe after putting in the watch. On Shrove-Tuesday, the 4th of Feb., (I think,) I left the things safe in the large box, and the box locked, and went out about a quarter to ten o'clock in the morning—my wife was ill in that room—I returned about a quarter to eleven—the large box was then moved—I missed it as soon as I came in, and found it in the wash-house—the hinges were both broken off—I missed the money—the tin box was taken, and likewise the small box with the watch and seals—I did not find Madew there when I came home—I expected she was gone to take some stockings for her mother, who was out at work—she told me she was going out and she went out before me, or pretended to do so, but I think they
were concealed in the house—I have since examined, and missed other articles from my room—I went to the police-station in Harcourt-street that same day, almost directly—I believe I was there between twelve and one—I saw the watch there.
Cross-examined by MR. ROBINSON. Q. What was in this box besides? A. Wearing apparel and several things, but they took nothing else—the box was heavy—a girl like Madew could not take it down alone—it is a sort of chest—it is not here—I had seen Madew five or ten minutes before I went out.
HANNAH MADEW . I know Edwards and Paulo by sight—I have spoken to Paulo about four times—I have seen them at my house, where the prosecutor lives—Madew is my daughter, and a good child she has been to me before this happened. On Tuesday, the 4th of Feb., my father came to where I was at work, to tell me of the robbery—I saw Paulo that day at my father's house, I think about twelve o'clock, or between twelve and one—it was before dinner-time—I saw her at the street-door—I live in the parlour, which opens into a passage—my daughter was at home, and answered the door—I saw her speak to Paulo—she did sot come into the house while I was there, only to the street-door—I asked my daughter who it was, and she said it was Mrs. Paulo—I could see it was her.
Cross-examined by MR. ROBINSON. Q. Edwards, I believe, worked with your daughter at the flower-making? A. Yes, that was how they became acquainted.
COURT. Q. Where did Edwards work? A. I cannot say—my daughter worked at Mr. De Pinna's, and she told me Edwards worked with her—I do not know the fact—she was acquainted with my daughter—I saw nothing of her on Tuesday the 14th.
RICHARD COMPTON (police-constable D 87.) On Wednesday, the 5th of February, I saw Madew in Little North-street—I watched her down Salisbury-street, and up Princes-street, into Lisson-grove—she crossed Lisson-grove, and ran down very fast, when she got out of sight—she was not out of my sight, but I was out of hers—she joined the other two prisoners at No. 16, Lisson-grove, an ironmonger's—Edwards and Paulo went in, and Madew stayed out—Edwards brought out a fender—they went down Lisson-grove, and into Dorset-square, and stood there some time talking together—Edwards afterwards turned to the left, and the others to the right, to go to No. 5, Little Park-lane, where Paulo lives—I know that from inquiries—I did not see Paulo in the house—I saw her children—Madew and Paulo went there—I do not know what became of Edwards—they separated at the corner of Dorset-square, and I could not follow them both—at four o'clock the same afternoon I saw the three prisoners together again—they turned out of New-street into Little Park-lane—they were going to turn down to the same place, No. 5, but I stopped them—I took Madew into custody—Paulo wanted to pass—I said, "You must all go to the station; I want you for a robbery in Little North-street"—Madew said, "I have got the watch, and my grandfather, shall have it"—I do not know that I had mentioned the watch, but I would not swear it—I asked whether she had not had some money—she said no, that they had laid the money out, and bought some dresses—another consfcw had the other prisoners rather before, and I do not think they could near this—Madew said her grandfather should have back all of it, but he could
not have what they had eat and drank—she gave me the watch, chain, seal, and key—the chain was round her neck, and the watch was in her bosom—at the station she took off a new boa, a muff, a new silk handkerchief, and a pair of new boots, which I produce—she said she bad bought these things with the money—she said she did net bring the box down, neither did she break it open; but she put her arm in, because it was the smallest—fill the prisoners were present at that time—I do not know that she said what she took out—Paulo put down 15s. 7 1/2d. on the table at the station, and said Madew bad put that into her hand when I took her into custody—Madew heard that, and made no observation—I did not see the money put into her hand.
Cross-examined by MR. HORRY. Q. Have you ascertained that Paulo is the wife of a plumber and glazier, at No. 5, Little Park-street? A. That is over the door—I never saw her before—I do not know that Edwards was lodging with her—I have not heard Madew say that Paulo was innocent—they were all going on at the time I stopped them.
COURT. Q. How near was Paulo to Madew at the time you took Madew into custody? A. Close to her—she was near enough to receive the money from her, but I took her by the hand to see that nothing should drop, and took every notice that nothing should be passed—I was in front of them—I believe she could not have passed the money to Paulo without my seeing it—I believe nothing could drop or come from her without my knowing it, because I took particular notice.
JOHN CHAPMAN (police-sergeant D 7.) I was in New-street, Dorsetsquare, on Wednesday, the 5th of Feb., and saw the three prisoners—I took Edwards, and told her I wanted her for a robbery in Little North-street—she said, "I know nothing about it, but it serves me right, for I was told I should get into trouble if I kept her company"—she had this bonnet in her hand, tied in a handkerchief—I asked her whose it was—she said it was Amelia Madew't—I took Paulo into custody in New-street—she asked what it was for—I told her for a robbery in North-street—she said, "A pretty mess she has got us into, I know nothing about it"—I went to Paulo's lodging, No. 5, Park-lane, there is "plumber and glazier" over the door—I met with her husband afterwards—I knew it was her house from information I had received—I had never seen her go into it—I found there a fender, a new pair of boots, three gown-pieces, this mahogany box, this small round tin box, some cotton, another small box, two scarves, and three handkerchiefs—on going to the station, I stated to Paulo what I had found—I had not found all at that time, only at" pair of boots, the fender, and two scarves—I had found everything but these boxes—when I first went back, Paulo said there were three dresaei—I had only one then—I said nothing to her, but produced the things I had found in her presence—I went to Paulo's lodging three times that night—the second time I found one dress, and the third time I found three dresses the coal-cellar, also a piece of cotton, a handkerchief, an apron, and some ribbon—I afterwards found on Edwards a shawl and boa—I have no means of proving that Edwards lodged at Paulo's, only from hearsay—I had a cloak at Paulo's on the 12th, which was claimed by Edwards, and worn by her afterwards.
Cross-examined by MR. HORRT. Q. When you have prisoners in. custody, is it part of your duty to make inquiries concerning them? A.
Yes; I inquired whether Paulo lived at No. 5, Park-lane, and whether Edwards lodged in Paulo's house—I heard that she had.
Cross-examined by MR. ROBINSON. Q. When you apprehended Edwards, and she said what you state, Madew was by, was she not? A. Yes, she was behind—she was near—she was with the other constable.
LUCY JEWEL . I live at No. 17, Arlington-street, and work in Little North-street, opposite the prosecutor's. On Shrove Tuesday, the 4th of Feb., I was there, and in the course of the afternoon I saw Madew, with two females, come from Mr. Greening's house—it was about one o'clock, or it might be a little after—Edwards had on a black cloak and a black bonnet—the other person had on a plaid shawl—I know Edward, by seeing her go to Mr. Greening's house frequently—I only saw the back of the third female, going down the street between the other two—I had seen Edwards dressed in the same manner on former occasions wbeo going to Greening's.
BENJAMIN HENLEY . I am a fender-maker. On the 5th of Feb. Paulo came into my shop, and Edwards stood just inside the door—Paulo bought a fender for 3s.—she gave a sovereign for it, and we gave her 17s. change—my servant went for change—while Paulo was waiting she pulled ooti watch which she had round her neck, looked at it, to see what time it was, and put it into her bosom again—I did not notice the watch at all—it was one similar to the one produced—I should take it to be it—it had a chain about it in the same way.
Cross-examined by MR. HORRY. Q. Was there anybody else in the shop at the time? A. My wife and servant—Paulo spoke to my wife, and she took the money, but in my presence—the policeman called ii an hour or so afterwards.
NICHOLAS TOMS . I live with Mr. Dent, a draper, in Crawford-street. On the evening of the 4th of Feb. the three prisoners came to our ibop, and purchased various articles, dresses and shawls—I cannot swear to the articles produced being the same—they were of the same appearance—they bought three gown-pieces, such as these, and a plaid shawl—this plaid scarf they purchased on the Wednesday morning—they were all three together—such articles as these were purchased on the Tuesday and Wednesday, when the three prisoners were together.
Cross-examined by MR. HORRY. Q. Did they pay you separately or together? A. Paulo paid for the three—there was no bargaining, or the least attempt at cheapening.
COURT. Q. In what coin were you paid? A. With two sovereignly the Tuesday evening, and I believe in silver on the Wednesday, but I cannot say.
ALFRED GIBBONS . I live with Mr. Williams, a furrier, at No. 37. Crawford-street. On Wednesday, the 5th of April, between three and four o'clock, the prisoners came and bought two boas and a muff—Paulo paid for them with a sovereign—I gave 3s. 6d. change—Madew and Edwards selected the articles—these produced are the same.
chain—it had an old ribbon to it—I lost no chain—the two seals are on it still—one was on it, and Mr. Paulo brought the other to the station—this is the wooden box in which the box was kept, and this tin box is what the sovereigns were in—I am the tenant of the house—it belongs to my son—I and my daughter occupy the whole houaa—I pay no rent—my ion is at the loss of it.
Madew's Defence (written.) I was put to the artificial flower making, and whilst there became acquainted with Edwards: in Dec, last I incautiously, and unknown to my mother, contracted the habit of frequenting a low theatre, held at the Yorkshire Stingo in the New-road, where Paulo was an occasional visitor, and there unfortunately became acquainted with them:—in Jan. last Edwards came to me, and having informed me she was in the family way, and bad been turned out of doors by her mother, induced me to commit my first offence, by getting something out of my grandfather's drawers; this was repeated rather often, till she learnt from me that my grandfather had a watch; oa the morning in question she assisted me, in my grandfather's absence, to bring the box down stain-into the washhouse; she had previously brought a bunch of keys, but none of them fitting she espied an old chisel, and then broke the hinges, and in feeling for the watch she laid hold of the money and took it; I declare I never had the money in my possession; I hope this will not be taken as any wish of mine to endeavour, by casting the burden upon others, to escape myself; I am fully aware you have only my unsupported statement to rely upon; my grandfather can state the size of the box, and the force necessary to open it, and I would call attention to the evidence at to Who paid away the money.
Madew. It is a mistake; I did have the money; my uncle has drawn up that paper.
MR. HORRY called
GEORGIANA ANSON . My husband is a French shoemaker, and lives at No. 2, Little Queen-street, Holborn. Paulo is my sister—Edwardi was not lodging with her at the time she was taken into custody—she was staying with her because she told her that her mother would not let her be at home, as she was out of place.
MR. ROBINSON called
RUTH ING . Edwards is my daughter—I have been married twice—she had left my house altogether one week, night and day before this took place—she had always lived at home—she has sometimes gone out of a day to work—she was always a very good girl at home—I knew of her leaving—she was always rather deaf, but particularly so when, she gets a little cold.
RICHARD COMPTON re-examined. The large box is, I should think, four feet long, and nearly three feet wide, and eighteen inches deep, or better—it is a heavy box—it would be impossible for one girl to carry it—I believe there are no handles to it—it is a very large box, and I have every reason to believe too heavy for Madew to carry—it would require great power to break it open, it was so strong in the hinges—they had driven the chisel in five or six times before they could get it open—there were marks of that—I found an old chisel, but have not got it—I saw no grooves or moulding to the box—there is nothing but the lid to carry it by—the lid comes over—the staircase is very narrow—it would not be a handy thing to drag down the stairs—no one person could have taken it
up and carried it down—they must either have pulled it, or two penooi must have had it, one at each end.
Paulo. At the time of the robbery I was in Portland-place; my sister met me, and my husband saw me; and I was not at Madew's home till one o'clock, when I went to look after some work. My sister is here, aid can prove that I met her in Portland-place, as I was going to my mothers she told me my mother was out, and I did not go.
(Madew and Paulo received good characters.)
MADEW— GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. — Confined Three Months.
EDWARDS— GUILTY . Aged 17.— Confined Nine Month.
PAULO— GUILTY . Aged 28.— Confined One Year.
665. WILLIAM WEBB was indicted for a robbery on Cornelius Jessop, on the 27th of Jan., putting him in fear, and taking from his person and against his will 195., his monies; and immediately before, at the time of, and after the said robbery, beating, striking, and using other personal violence towards him.
CORNELIUS JESSOP . I live at Watts'-cottage, Flask-walk, Hampstead, and am a journeyman saddler. On the 27th of Jan. I was at a pablic-house in Wilstead-street, Somers-town, and was tipsy—Nelson went out into the street with me about half-past eleven o'clock, and made a barpii with the prisoner to take me home in a cab to Flask-walk—he drove partly down the street, and took another man up on the box—I remember being driven to the George, at Hampstead, and there be opened the cab-door, took me by the arm, and told me I was at home—I said I was not—he put his hand into my coat-pocket, and took 19s. out—I then received a blow on the back of my head, which felled me to the ground—a policeman picked me up, and I told him I was robbed—I had my money in the cap all the way, and remember his taking it out.
Cross-examined by MR. DOANE. Q. You were very tipsy? A. I was tipsy, but knew perfectly what I was about—I merely gave Nelson the money to get me a cab—if I had been stupidly drunk I should not have done that—I walked with the policeman's assistance after I had been knocked down—I know the prisoner is the caiman—I went and identified him afterwards at the same public-house about a fortnight after the robbery—I had been laid up.
THOMAS NELSON . I live in Chapel-street, Somers-town. I was at the Somers Arms, Wilstead-street, with the prosecutor—I saw be bad I deal of silver about him, and persuaded him to take a cab—I saw him just before—he walked very steadily with me from Wilstead-street to the Somers Arms—I asked a caiman what he would take him to Flask-walk for—he said 2s. 8d.—the prisoner stepped up, and offered to take him for 2s.—I saw him into the cab—he walked to it by himself—I gave prisoner the 2s. which the prosecutor, who was considerably tipsy, gave for him—the prisoner drove off with him down Wilstead-street, as if Hampstead—the prosecutor appeared to have 19s. or 20s. about him.
Cross-examined. Q. He is a friend of yours? A. No—I had seen him once or twice—I saw him in a beer-shop, and he followed me to the Somers Arms—I first saw him about ten o'clock in the evening, at Fox's beer-shop, at the corner of Middlesex-street—I was there about half an hour, and
Mrs. Fox persuaded him to leave his money with her—he only had a pint of ale there—he walked from there without my holding his arm—he took his money out, and put it into his side pocket, to take care of it—we went from there to the African Chief, had half a quartern of gin between us, and then went to the Soiuers Arms to find a cab—me had a trifle of drink at the bar—there were other people drinking there—I saw his money about half-past ten o'clock—he went away in the cab just before eleven.
AUSTIN PYDY (police-constable S 77.) On Tuesday morning, the 28th of Jan., I saw the prosecutor lying across the footpath, near die George, at Haverstock-hill, Hampstead—he appeared drunk—I could not arouse him at first—he was bleeding—he had a wound on the right cheek-bone, tod another on the left—he said he had been robbed—after I got him a little way to the station, he put bis hand into his pocket, and said he had been robbed—he was taken to the station, and then home—I found him about half a mile from his house.
Cross-examined. Q. Was he close to the George? A. Yes—he appeared very drunk—the blood came from his right cheek, which might be caused by his falling—it was a very heavy blow, and his eye had dirt oa it, as if it had come in contact with the ground.
EDWARD SHAYLER (police-constable S 114.) On the 9th of Feb. the prisoner was given into my charge by Jessop, at the Somen Arms—he said to the prisoner, "You have robbed me, and I will charge you"—he did not say where then—the prisoner said, "I took him up here, and drove him to his house, at Hampstead"—the Somen Arms is at least two miles and a half from the George.
(Robert Amos, of Doughty-mews; Robert Davy, cab-driver, Brownlowmews mews; James Bathgate, cap-proprietor, Gray's Inn-lane; and Charles Lang, gun-maker, George-street, Hampstead, gave the prisoner a good character.)
GUILTY of Robbery, without Violence. Aged 31.— Transported for Ten Years.
(There was another indictment against the prisoner.)
666. JOHN JOSEPHS was indicted for stealing, on the 13th of Jan., 1 chamber-pot, value 7l., the goods of Susan Hobbs, in the dwelling-house of Henry Corsten.—2nd COUNT, stating it to be the goods of Henry Corsten.
MARIA LINTON . I am servant to Susan Hobbs, who is single, and Hves at Mr. Corsten's, in Heyday-street, Berkeley-square. In January I heard the step of a man going down into the water-closet—the chamber-pot is the property of Susan Hobbs, and is china—I missed it from the water-closet several days after I had heard the steps of the man—it was kept in the water-closet, exposed to view, and, I understand, is a valuable one—I did not miss it before, as I believe it was never used by the family.
HENRY CORSTEN . I rent this house, and have a shop there—I am a florist. I recollect the prisoner coming and passing through the shop—he had oranges or lemons, which he was in the habit of selling to me—he went through the shop into the passage—it did not strike me as material—he returned in two or three minutes—he had a basket with some matting" it, large enough to conceal this utensil—some days following, hearing of the loss, I recollected his passing through the shop—the closet is three steps from the shop—he came to my shop afterwards to offer lemons—I said "You took from the closet of my lady a utensil"—he said, "I am very sorry Mr. Corsten, but I smashed it—I took it to be mended, and will
bring it back in a couple of days"—I waited a few days—he called again, but did not bring it—he said, if I would go with him, he could show me where he had taken it to be mended, or I should see it at his house—I went to his house, but could not see it, and gave him in charge.
Cross-examined by MR. ROBINSON. Q. He came to you three times did he not? A. I believe he did—I believe the article is Dresden china—Mrs. Hobbs lodges at my house—the water-closet is kept for the lady and her mother.
MARY GEORGIANA CORSTEN . I am the wife of the last witness. I remember my husband telling the prisoner he was much displeased with him—the prisoner said he was very sorry, that he had smashed it; be would endeavour to get it repaired, and return it.
WILLIAM YOUNGER LAING . I keep the Swan public-house, Mount-street, Grosvenor-square. The prisoner was in the habit of calling at my house with lemons once or twice a week—he came about three o'clock, on 13th of Jan., with a small china article, and said, "Here is an article I have taken in exchange, it is worth 8d. I should say"—(I am sorry to say, in my ignorance, I took it for a butter-boat, and the Magistrate fell into the same mistake)—I called my wife, and asked if she wanted such a thinghe asked 8d. for it—she gave him an old pair of boots for it—I have it here.
GUILTY of stealing under the value of 5l. Aged 37.— Confined Six Months.
667. EDWARD WALKER was indicted for burglariously breaking and entering the dwelling-house of Robert Walker, about the hour of four in the night of the 19th of Feb., with intent to steal, and stealing therein, 2 coats, value 1l.; 2 pairs of trowsers, 10s.; and 1 waistcoat, 1s.; the goods of James Walker.
JAMES WALKER . I live at No. 1, Orchard-row, in the parish of Stepney, in the house of my brother Robert; the prisoner is my brother's grandson, and lived in the house. My brother told him to leave last Monday fortnight—I slept in the back room—I got up a little after five o'clock on Thursday morning, the 19th of Feb., and found the bed-room door and the back door open—the room window was open—it was shut and fastened the night before with three nails, which had been drawn—it is about a yard from the ground, and sufficiently open for him to get in—I missed the articles mentioned in the indictment from a box in that room—the box stood endways, and a pickaxe close to it, which appeared to have broken it open—we kept a dog in the yard, which will not let strangers come in—I did not hear it bark that night.
THOMAS WATKINS (police-constable K 310.) I received information, and went to Walker's house, and found three nails drawn from the back room window—the box appeared to have been opened with a knife and pickaxe—I went to the Hutchinson's Arms, Devonshire-street, and found the prisoner—I told him I wanted him for breaking into his grandfathers or uncle's house—he said he knew nothing about it—on the way to the station he said, "It serves him right, he had no business to turn me of
doors"—I found a knife on him, which I compared with the box—there was only one mark, apparently done with a sharp instrument, and that corresponded with the knife.
SOPHIA ISRAEL . I am the wife of Andrew Israel, of Montague-street, Spitalfields, and deal in old clothes. I met the prisoner, in company with Brown, in the clothes-market—the prisoner said, "Will you buy some old clothes?"—he threw them on the ground—I took up an old Petersham coat and a pair of fustian trowsers, which I bought of him for 4s.—some other people bought more things of him—I do not keep a shop, but am a general dealer—this was in open market in Houndsditch—it was on Thursday fortnight.
JOHN BROWN . I live in John's-place, Commercial-road, and deal in fruit; I have known the prisoner a long while. On Tuesday and Weduesday fortnight the prisoner slept at my house—he got up early on Thursday morning, and said he was going to look for a job—he came back at eight o'clock, and said his grandfather had given him some clothes to sell, to make a few shillings of—he asked me to go with him—we went, and be sold some of the things to the witness and some to another person—the things are not here—there was a Petersham great coat (I believe it was brown), a pair of fustian and a pair of brown trowsers, a beaver coat, and, I believe, an old waistcoat.
JOHN HART . I am a clothes dealer. I was in Petticoat-lane fair last Thursday, and bought a brown Petersham coat and fustian trowsers of Mrs. Israel—there was an old black glove in one of the pockets—I sold them to an Irish dealer.
JAMES WALKER re-examined. I lost a brown Petersham coat, lined, a pair of moleskin trowsers, and a pair of drab trowsers—there was a pair of black kid gloves in one of the pockets—the things were worth 2l. 10s.—I had the trowsers about two years, but only wore them on Sundays.
Prisoner. It is entirely false; I was not near, and did not sell her anything.
MRS. ISRAEL re-examined. The things answered the witnesses' description—I sold them three or four hours after for 5s. 6d.—I am sure he is person.
GUILTY . Aged 18.— Confined Six Months.
GUILTY of a Common Assault. Aged 13.—Recommended to mercy. — Confined Six Weeks.
GUILTY of the common Assault. Aged 56.— Confined Six Months.
OLD COURT.—Monday, March 10th, 1845.
Fourth Jury, before Mr. Recorder.
MESSRS. BALLANTINE and BALDWIN conducted the Prosecution.
THOMAS RICHARDSON . I am in partnership with George Brown, a tailor, of Jermyn-street, and am also proprietor of the Pavilion Theatre, In the early part of last Dec. a person who gave his name as George Tidmarsh was introduced to me by my partner, Mr. Brown—before that I had not heard that any charge had been made against me of keeping a brothel—I had just got out of an indictment for keeping a gaming-house at Manchester—I saw the defendant Jacobs, at Mr. Croft's some time afterwards—he did not know me—I had no conversation with him—I had no conversation with him after that, only meeting him at the Judge's chambers—I never saw Tidmarsh at the Judge's chambers, or in company with Jacobs—I have seen Partridge, Brown, and Jacobs together, but not Tidmarsh—I went to the Metropolitan Police-office that day month, I think, after Tidmarsh came to me, and made a communication to inspector Shackell and Haynes—that was in consequence of the proposition made by Tidmarsh.
GEORGE BROWN . I live at No. 119, Jermyn-street. Mr. Richardson is a partner of mine—I am the senior partner—we are tailors and drapers there—a person who gave his name George Tidmarsh, called upon me, I think, on the 2nd of Dec—I communicated the fact to Mr. Richardson immediately—Tidmarsh introduced me to Jacobs and Partridge, on the next day (Tuesday)—I had never known either of them before—I inquired what was the reason they indicted Mr. Richardson—Jacobs said that they had a warrant against Mr. Richardson on an indictment in the name of Thomas Richardson, or Thomas Fletcher, I do not know which, that they would take 30l. to quash the indictment, and give up the warrants—this was at the Black Horse, in Coventry-street—I had gone there with Tidmarsh—he retired when he introduced me to the parties—he introduced me to both of them, and then retired to some other portion of the room, but not sufficiently near to hear any conversation that passed-when he introduced me, he merely said, "This is Mr. Brown, the partner of Mr. Richardson"—he merely brought us together—he was an intermediate party—Jacobs said they had got an indictment against Mr. Richtrdson, and if he would give 30l. they would quash the indictment, and give up the warrant—I said I did not believe there was anything of the sort, unless he would produce the warrant—I appointed to meet them at my house next day, Wednesday, at five o'clock in the afternoon, to prodoce the warrant—Partridge and Jacobs came on that occasion—Mr. Richardson was out of town at the time—Partridge showed me the warrants, and said in Jacobs' presence, that Jacobs was the prosecutor—I said I would communicate with Mr. Richardson, who was out of town, and I should have his answer by return of post, as to the payment of the money—I wrote to Mr. Richardson on the subject—I did not see him till the Saturday evening following, at ten o'clock, when he returned by coach to my house—I had seen the parties in the interval every day, and sometimes twice a day.
COURT. Q. By the parties, who do you mean? A. Jacobs, Partridge, and Tidmarsh—Tidmarsh generally came separate.
MR. BALLANTINE. Q. Did he ever come with them? A. Once or twice—nothing particular was said in his hearing—he used generally to retire—on those occasions, when they called, they expressed surprise that
I had not received any answer from Mr. Richardson on the subject—they both joined in expressing surprise, always—no further allusion was made as to who had preferred the indictment—it was an understood thing between the parties, between Jacobs and Partridge—Jacobs said so himself—he said it was got up by the parish authorities, and that Mr. Partridge acted as the solicitor for the parish—I knew nothing about Partridge, and had never seen him before in my life—I communicated to Mr. Richardson on the Saturday evening what had taken place—I saw Jacobs on the Monday morning at nine o'clock, alone, at my house, No. 119, Jermyn-street—that was by appointment—I did not introduce him to Mr. Richardson—Mr. Richardson never saw him throughout the business—I almost forget what Jacobs said on the Monday—I saw Tidmarsh that afternoon—I did not then introduce him to Mr. Richardson—I had done so on the Monday morning previous, the 2nd of Dec.—I never mentioned in Jacobs' presence that I had introduced Tidmarsh to Mr. Richardson—I ultimately made an arrangement with Jacobs about paying the money that afternoon, Dec. 9, at three o'clock, and Partridge was there at the time—I told them I thought Mr. Richardson would not give 30l.—they both said they would not take a farthing less than 25l., that they had been offered a considerable deal more from other parties to go on with the indictment—they came at three o'clock—Mr. Richardson had previously communicated with Shackell and Haynes, but not in my presence, and by their desire my foreman was placed in the drawing-room behind the curtains, in a situation to hear what passed—Partridge and Jacobs came and remained about twenty minutes in the room where the foreman was—I told them that Mr. Richardson refused to give even the 25l., that he refused to give more than 20l., if they liked to accept that—I had got two 10l. notes, which had been marked by Shackell and Haynes—Partridge said, "Oh, I have nothing at all to do with it, if Jacobs likes to take the 20l., he is the prosecutor, he can do so"—I said I must have the pound deducted that I had paid them on the Friday night (I had paid them 1l. on the Friday night—I was so intimidated by what they said about this indictment that I thought Mr. Richardson had better settle it and pay the money—that was before Mr. Richardson had come up—it was not by his authority that I gave it) Jacobs agreed to take the 19l., but the money must be paid in gold—I did not offer them the notes—I asked Jacobs (because I was a novice in it, and did not understand the nature of it,) "What do you want the money in gold for?"—Partridge said, "Oh, Mr. Brown, we like to do business this way, and we shall destroy the warrants, we shall have the money in gold"—they asked me if I was prepared to pay it then—I said no I was not, but should be so at five o'clock—they went down stairs and met Shackell and Haynes at the door—they saw Shackell and Haynes, and spoke to them—they were not dressed as officers, but they knew them well—they came at five o'clock, and Shackell and Haynes were present then—I said I was not prepared then with the money, but I wished them to call again at eight o'clock—my foreman was present then they then went away, saying they would call again at eight o'clock, and begged I would not disappoint them again—they came again about eight o'clock, and waited for an hour and a half—I did not pay them anything.
COURT. Q. You never tendered them the marked notes then, that would have fixed them? A. No, it was no use, for they required the money in gold—Shackell and Haynes advised me not to do so.
MR. BALLANTINE. Q. In what you did, were you acting under the advice of Shackell and Haynes? A. I was—I attended the Judge's chambers on the matter of the indictment against Mr. Richardson—I did not see Jacobs there, or Partridge—I saw the defendant Brown—he represented himself as the clerk of Mr. Partridge, and in that capacity opposed my bail for Richardson, but it was taken—after it was taken Brown remarked to Mr. Justice Wightman, "We shall have another indictment to-morrow;" and Mr. Justice Wightman said, "Oh let us settle this matter first," or some words to that effect.
Cross-examined by MR. PAYNE. Q. How long have you known Mr. Richardson? A. About fourteen months—the names of Brown and Richardson are not up at the shop—that is by my own wish—Mr. Richardson was first introduced to me as a customer fourteen months ago—he became my partner on the 1st of July last.
Q. Did you take a journey to Manchester for him? A. For him! I went on my business, on my rounds through the north—I stopped at Manchester, not decidedly for Mr. Richardson, but in my business—I did something for him there—I did not settle an indictment for him, or pay any money, only my own business—I did not know that Mr. Richardson was indicted with a man named Thorn and another, for robbing a man at his gambling-house at Manchester—I heard there was some indictment or other, but I did not know the subject of it—I paid no money, nor did I do anything in connexion with any case, or indictment there against Mr. Richardson—I heard of an indictment, in conversation with some parties at Manchester—that was before our partnership—I did not pay any money to a merchant at Manchester on behalf of Mr. Richardson—I did not believe the things I heard—I understood they were utterly false, that Mr. Richardson knew nothing at all of it, but that he was away from Manchester at the time—I knew nothing about Mr. Richardson's previous habits or manners—I looked on him as a respectable man—we carry on business as "Brown and Company"—the tradesmen we do business with know it is Brown and Richardson, and likewise the bank—I did not say to a person who came to speak to me about Mr. Richardson a short time ago, that I did not know him—since Christmas last he has resided in Mount-street, Whitechapel-road—I did not tell a person who came to serve a notice, that I did not know such a person—I said he did not live there, and gave his proper address, No. 7, Mount-street—I have not been in any particular difficulty or trouble myself—I cannot get in my debts as I wish, that is trouble enough—twelve months ago lait Christmas I could not exactly get in my accounts, and I called on one or two of my creditors—I did not fail—I made over to them a portion of my debts, and they were to pay me the difference, and from that I should receive a surplus of about 200l.—I did not send Tidmarsh to Jacobs—that—Jacobs sent Tidmarsh to me—I did not propose to give 20l. if they would not prosecute the case further, but let the house be kept open till March, and then it should be given up—I did not make that proposition—I know Mrs. Fletcher, who, I believe, is indicted with Mr. Richardson—I know her house, No. 34, Duke-street, St. James's—Mrs. Fletcher has recommended me a few customers, and I have gone there occasionally to measure them—I never saw anything improper in the house—I have gone there at eleven o'clock in the morning—the house is kept by Mrs. Fletcher—I have never seen Mr. Richardson there—I never understood that that
house was a brothel, and indicted as such—I will not swear it—I have heard, in consequence of this indictment, that it is such—I heard so from Jacobs—I do not know that I have heard it from anybody else—I do not know that it is a matter of notoriety in the neighbourhood, that it is an infamous brothel—I did not see the persons attending at the Middlesex Sessions to prosecute it as such—I never heard an inhabitant speak ill of it—I will swear that—the persons I went to at Mrs. Fletcher's were gentlemen that had called from the country, relations of hers—I do not know whether they lodged in the house, but I have been sent for to measure them—I neyer saw any ladies there but what I supposed were lodgers—I have sometimes seen one or two, and at other times none—I do not know what aged ladies they were, perhaps twenty-four or twenty-five—I cannot say that I have seen them younger—I have seen them more frequently older—I was one of Mr. Richardson's bail—at Mr. Richardson's request I bailed both him and Mrs. Fletcher—it was stated that they were both indicted for keeping this house as a brothel—I have seen Mrs. Fletcher two or three times in consequence of this case, I have had occasion to go to her—I do not know that she and Richardson live together—I do not know it now, for Mr. Richardson, ever since I have been in partnership with him, has been away in the country—he has frequently attended to the books, but he has been away in the country a good deal—I do not know that he is in the habit of attending fairs as a thimble-rigger or as a gambler—decidedly not—I do not know that he is down in the country attending fairs—he goes on his own business—I am not obliged to inquire into those matters—I did not attend at Clerkenwell on the 9th of Jan.—a subpoena was left for me—I attended there one day to put ift bail for Mr. Richardson on the second indictment—I did not attend after that.
Q. Do not you know from Richardson, that on the 9th of Jan., just as the case was to be called on, and the witnesses were all in attendance, that be brought a certiorari to remove the indictment? A. I know it from an affidavit that I made as to the truth of the subject—it was at the Judges' Chambers I attended—I did not attend at Clerkenwell at all—I do not know from Mr. Richardson that he was charged with keeping a gambling-house at Manchester.
Cross-examined by MR. HORRY. Q. Did you not attend on two different occasions, before the Judge, to put in bail? A. I attended only once—I put in bail for Mr. Richardson and Mrs. Fletcher, at the same time—I will swear it was not on two different days—it was not for Mr. Fletcher first, and then for Mr. Riehardson—I attended on one day for both—I was not examined as to Mrs. Fletcher first—my taxes were paid up to the preceding quarter—I informed the Judge my receipt was at home—I will swear that my taxes were paid up to within two quarters of that time—all had been paid that was demanded—I was not aware of being returned as a defaulter, and never heard speak of it—I swear decidedly that my taxes had been paid for nine months previously—I never stopped payment—it is twelve months since I compromised—I was asked before the Judge, if I had not failed and become a bankrupt—I said no—I was not asked whether I had not compromised—I forget whether I told the Judge I had, or not, what was the use of it?—I was not insolvent at the time—I have had a considerable sum repaid to me since the accounts were paid in—I answered the Judge fairly, and he was perfectly satisfied—Brown asked me those questions, representing himself as the clerk of
Partridge—I have not heard from Mr. Richardson that he considered I had been insulted by Brown, in putting those questions to me—I believe I have never complained of being insulted by Brown on that occasion—I do not know from Mr. Richardson that that was the reason of Brown's being included in this indictment—I believe there have been causes since that period, which have occasioned his being included in it.
Cross-examined by MR. CHARNOCK. Q. How long have you known this place in Duke-street? A. Six months—I have lived in Jermyn-street twelve months last Sept.—I lived in Poland-street, Oxford-street, before—I have been to No. 34, Duke-street, several times—I have had perhaps a dozen customers there through Mrs. Fletcher, gentlemen, some of whom I have now—I have known Mrs. Fletcher about the same time—I do not know whether these gentlemen were relations of Mrs. Fletcher's—I did not make that inquiry—I measured them there as I stated, at eleven in the morning—that was the time I generally went—I never saw Mr. Richardson there—I cannot say how many young ladies I have seen there during that time—there might be four or five, but then I conceived they were lodgers—I made a habit for Mrs. Fletcher—Mr. Richardson has sometimes been absent two months, and sometimes a month—I think he has been absent two or three times since last July—he introduced me to Mrs. Fletcher.
MR. BALDWIN. Q. The term compromise has been used; did you agree to pay your creditors less than 20s. in the pound, or did they take those debts in full? A. They took the debts, paid themselves, and banded over the surplus to me—that was twelve months ago last Christmas.
WILLIAM GARDINER . I am foreman to Brown and Richardson. On the 9th of Dec. Shackell and Haynes desired me to secrete myself behind the curtain in Mr. Brown's drawing-room, in Jermyn-street, to hear a conversation—I did so, and Moe Jacobs and Partridge came—Mr. Brown told them that Mr. Richardson had come to the determination of not giving them more than 20l., and that he must have the 1l. deducted that he had given them on account—(nothing was said then about the purpose for which the 20l. was to be given)—Jacobs said he must have 25l.—Partridge said he might do as he pleased about receiving the 20l., as he was the prosecutor—Jacobs then agreed to take the 20l.—I do not remember the words he used—he said he would take the 20l., and deduct the 1l. he had received on account; and he asked Mr. Brown if he was prepared to pay the 19l. in gold, that they might deliver up and destroy the warrants then—Mr. Brown said he was not prepared to pay them n gold, but if they would call at five he should most likely be ready to pay, them—nothing passed about notes that I am aware of—I heard nothing—they said they would call at five—at that time Shackell and Haynes were in the front shop—Jacobs and Partridge then went away, and came again at five—Mr. Brown told them he was not then prepared, and asked if they would call again at eight, or half-past, in the evening; and about eight, or half-past, Moe Jacobs, Partridge, and Tidmarsh, came together—they saw Mr. Brown, and waited for an hour, or an hour and a half—Mr. Brown told them he was not prepared to pay them—they then left, and one of them, I do not know which, told Mr. Brown that he had been making a fool of them—they had seen Shackell and Haynes at three o'clock.
Cross-examined by MR. O'BRIEN. Q. How long have you been foreman
to Mr. Brown? A. About six months—I was aware that Mr. Richardson was a partner—I know nothing at all of the house, No. 34, Duke-street—I was only on one occasion behind the curtain, that was at three o'clock—it is a window-curtain—it was down in front—I did not see any one serving a notice at my master's place on Tuesday last—on the last occasions, at five, and eight, we were all in the front shop.
COURT. Q. Was Tidmarsh there at five o'clock? A. No, he was at eight—they then merely asked Mr. Brown if he was prepared to pay them the money—Tidmarsh could hear that—I will not be certain which it was that asked the question—the amount was not mentioned, nor the purpose for which it was to be paid—Mr. Brown answered that he was not, but he expected to be in a very short time, he expected to receive some, and they waited for an hour, or from that to an hour and a half—Tidmarsh also waited in the front shop.
Cross-examined by MR. CHARNOCK. Q. Have you never taken any things to No. 34, Duke-street? A. No, I do not take things home—I believe things have been made for No. 34, but not for Mr. Richardson—he lodges at No. 119, Jermyn-street—he has a bed-room there—he has another house at the east-end—he does not attend at the shop to take orders, and that—he is very seldom there.
MR. BALDWIN. Q. Do you mean he sleeps there frequently, or has a bed-room? A. He comes there to sleep, I cannot say how often, when he is in town.
THOMAS RICHARDSON re-examined. In the early part of Dec. Tidmarsh came to Mr. Brown, and I saw him afterwards—he is the man I have indicted, with Jacobs and Partridge—he opened the ball, by professing a great deal of concern for me, and asked me if I knew I was indicted for the house in Duke-street—(I knew him before—I had seen him occasionally, but never to be intimate with him)—I asked him what house—he said Mrs. Fletcher's house—I asked what I had to do with that, and who sent him—he said Partridge and Moe Jacobs, that they had preferred ft bill against me at the Crown Court of Westminster, in the name of Fletcher, as keeping the house in Duke-street—I asked him how they could get a bill against me—he said they had done it on the evidence of old Bayley—I asked him who Bayley was, I did not know such a person—he said he had been porter at the gaming-house, No. 7, Leicester-square—I said, "What does he know of me, then?"—he said, "Why, he does not know anything of you, but Jacobs and Partridge have persuaded him it is your brother Henry that he has indicted, because he has a spite against your brother Henry; for when he had three months in Cold Bath-fields, your brother Henry refused to be anything towards a subscription which was raised for him amongst the play-people"—he was indicted for No. 69, Jermyn-street—I said, "Well, I suppose the long and short of it is, you want some money?"—he said, "Why you know what Jacobs and Partridge are; of course that is what we want"—I said, "What sum do they demand?"—he said 30l. he thought would settle it—30l., or thereabouts, he thought he could settle it for—I told him I would communicate with Mr. Brown, and expressed my disbelief of there being any indictment—he then told me that Jacobs had got the warrants, and my partner, Mr. Brown, could meet them, or they would come to Mr. Brown's, and produce them—I said I wanted Mr. Brown to see the warrants, because I expressed my disbelief of there being any indictment—Tidmarsh said, "Well, I will go and see
Partridge and Jacobs, and will make an appointment for them to see Mr. Brown; I know they would object to see you"—he did not say why—I then left, Tidmarsh undertaking to bring Mr. Brown and the whole of them together—I went to Ipswich for that week, and on returning on the following Monday, I heard from Mr. Brown what had occurred, and in consequence, I went to the police-office on the Monday, to speak to Haynes and Shackell.
COURT. Q. Did Tidmarsh mention what the number of the house in Duke-street was, or describe it, so that you knew what house it was? A. He said he, knew nothing about the house—he called it Mrs. Fletcher's house, in Duke-street, and said he had been over the way to Blockey's, to see if they knew anything about me, and they did not, and, consequently, he had come to Jermyn-street, in consequence of their not knowing anything about me in Duke-street, or the neighbourhood.
MR. BALDWIN. Q. Do you keep that house which he called Mrs. Fletcher's, or are you connected with it in any way? A. Not, as God is my Judge, either directly or indirectly—I was afterwards at the Judge's chambers, when my partner, Mr. Brown, was bail for me—I did not see the defendant, Brown, there that day—I have seen him at the Judge's chambers—I met him before Mr. Justice Wightman, when he appeared on a summons to set aside the certiorari—I objected to his appearing before his lordship, as not a qualified person, and he stated he was the certified clerk of Mr. Albert Warren—I saw him, on a subsequent occasion, before Mr. Justice Patteson, when I obtained a procedendo to their certiorari—he said nothing to me on that occasion, but one evening he called to serve a subpoena on Mr. Brown, in Jermyn-street, just before the trial, I was present, he put a countermand of a former subpoena, and another subpoena in Mr. Brown's hand—I said, "Brown, don't you take it without the conduct-money," and told him to leave the shop immediately—he made some remark which I cannot call to mind, and I put my hand on his shoulder, and said, "Go out"—he then turned round and said, "Oh, I know you now; it is you, Mr. Tom; we have got yotrfbw time, and we will stick to you"—I had an indictment preferred against me by Jacobs, four or five years ago, for keeping a gaming-house in Pickering-place, St. James's—I have had so many between me and the other, that I really cannot tell how many; but I never was apprehended on anyone charge yet—I should say, within the last ten years, I have been indicted by one and the other twenty times—I have been indicted, at the instance of Partridge, ten or a dozen times—Jacobs was the prosecutor for keeping the house in Pickering-place, St. James's, and I had not been in London, for two years—I was living at Manchester at the time—there was no train whatever in those charges—I was never in Pickering-place in my life.
Cross-examined by MR. PAYNE. Q. How long have you known Mrs. Fletcher, the person indicted with you for keeping this house? A. I should say about eight or nine years—I became acquainted with her abort 1834 or 1835—before that, I believe, she had been with a person named Renton Nicholson—I only know it by report—I imagine Nicholson is the "Judge and Jury club-man" that takes off the Judges at the Garrick's Head—she did not then come to live with me—we lived together, but not in London—I never acted as an attorney—I acted as an attorney's clerk—never had any Old Bailey business—I was in a legitimate office with Mr. James B. Kelly, in the Temple—I did not after that act for myself, and
use the names of different persons—I did not use the name of William Henson or James Vickery—I was with Vickery, and Henson was his clerk-that was in 1834 or 1835, about the time I formed the connexiou with Mrs. Fletcher—I was never admitted as an attorney, and never practised as such—I never knew Mrs. Fletcher to live at No. 61 1/2, Jennyn-street, a brothel—I never lived there with her—I will swear it—I know she lived at No. 54, Jermyn-street—I never lived with her there—I have called there on business occasionally—I know a person named William Smart—he kept a gaming-house—his father was well known among gamblers—I was never concerned with him in a guming-house—I was with Mr. Vickery up to the time I left London, which was some time in Sept., 1835.
Q. Did you not leave London because you were indicted by the overseer of the parish for keeping a b—w—y-house? A. It is very strange I should be indicted and never hear of it—I swear I never heard I was indicted for keeping a brothel in Jermyn-street—I never heard there were warrants out against me and Mrs. Fletcher—I went to Manchester to go into the tobacco business, and I went into business largely as a tobacco-manufacturer—Mrs. Fletcher did not open a brothel at Manchester with my consent—I know she was taken up, tried, and acquitted—I was then living in King-street, Manchester, and she was living in Hall-street.
Q. Did you have anything to do with gaming transactions at Manchester? A. I had a lease of the Grand Stand, and let it out to people, until the last year, when it was put down—I took it for the purposes of gambling, and let it, and made a profit of it, till Sir James Graham put it down—I have got different stands for gaming in the country, for which I pay. a rental of about 1700l. a year, which I let out to other parties, and have done so till the last year—I remained at Manchester till last October—Mrs. Fletcher left four years ago—I was indicted with a person of the name of Minter Hart, but I was never tried—I went to the Court of Queen's Bench, at Westminster, and made them go to trial, and there was a verdict of acquittal—it was for a conspiracy that I was shoved into—it was not for possessing myself of 3000l. worth of bills, but for conspiring to negotiate some acceptances which had been obtained by Minter Hart—Hart was not convicted and transported on that charge—I have read in papers that he was so on a similar charge, but he was no acquaintance of mine.
Q. Did you say to a person, just before you left Manchester, "We shall be in London in a few weeks, and we must have a new set of faces, and get rid of the old ones?" A. I never heard of such a remark—I have nothing to do with the house in Jermyn-street—my brother Henry has a great deal of property in Jermyn-street—I am not going to deny that he kept a gambling-house there, but I never was a partner with him, and am not now—that I swear—I never saw Bayley there to my knowledge—I have been at my brother's house, No. 69, Jermyn-stwet, but I never saw Bayley there in my life—I have known Tidmarsh, to speak to him, perhaps, during the last year—I never spoke to him till the last year, but I knew him as the keeper of a hell for a long time, I was not oft terms of intimacy—I always knew him to be a play man—I did not go to unravel the man's history—I have had stands at different race-courses for the last eight or nine years, and am very well and publicly knowa—I let the rooms for the purposes of gaming, the same as others—I had a share in the Epsom stand till it was put down—I was the proprietor of different stands throughout the
country—it would not have answered my purpose had it been for the met! purpose of looking at the races—I let the stands for the purpose of gentlemen resorting there to settle their bets, for one thing—I am not an adept at the art of thimble-rigging—I was not indicted while I had the tobacco concern at Manchester—I had it up to about two years ago—I have been indicted this year, at the instance of Partridge, for keeping a gaming-house at ManChester, for the whole of the time nearly that I am indicted for here—I was not indicted with Thorn and another, by a mercantile gentleman at Manchester, but by two informers, whom nobody could find or know who the? Were, at the instance of Partridge—I was never tried—Thorn and the other went in to be tried, and, as is usual in these cases, there was no prosecutor—I was away from Manchester when the indictment was found—I went back again—I was never taken or tried on the indictment—I paid no money, I swear that, nor did Thorn pay any with my consent—I would never pay an informer.
COURT. Q. Then how came you to authorise Mr. Brown to negotiate with these people? A. Because I never meant to settle with them from the beginning—I meant to get them to accept of a sura of money from me and give them into custody—that was my motive.
MR. PAYNE. Q. You knew Mrs. Fletcher was the wife of a chemist at Manchester? A. She was—I did not know her when she had a house in Brydges-street, Covent-garden—that was before my time—I know there is such a place as Mother H.'s—I do not frequent it—I have been there—I did not know Mrs. Fletcher when she kept it—I do not know that sheerer kept it, and do not believe she ever did.
Q. How often have you been to this house, 34, Duke-street? A. At the time I was indicted I might have been in it half-a-dozen times—I hare been there on business—Mrs. Fletcher wanted me to advance her money to purchase the lease, and I refused—I swear 1 did not know before I went to Manchester that I was indicted by the overseer of the parish for keeping a brother's—I did not find it out—why was I not apprehended?—I was in London immediately after I went to Manchester—I was up and down perhaps twenty-five times in the course of a year, for two or three days at I time—the house in Jermyn-street is still my brother's—he still lives there.
Cross-examined by MR. HORRY. Q. You have indicted a person named Price, have you not, for keeping a circus in the Commercial-road? A. No, I have not—I am a witness on a bill against him—it is not for keepings circus, or a place for theatrical entertainments—it is for keeping a disorderly place of entertainment, where there is music, singing, and dancing, and taking money at the door—it is a horse-circus, but there are other entertainments—all that I have to do with it is to prove that I am the proprietor of a licensed house of entertainment in the district—I did not pot the indictment in motion—Mr. Connaughton did, and Mr. Hutchinson, the ex-member for the Tower-hamlets, who is my ground landlord—I am the joint proprietor with Thorn—I have purchased all the property—the building belongs to Mr. Hutchinson—Price was indicted at the instance of Mr. Connaughton and Mr. Rogers, of course with my consent—I do not knot that the defendant, Brown, appeared to assist the bail on that indictment—I was not there—I have heard that they nearly ruined the theatre by ginty hand-bills and copies of these two indictments all about the theatre—I hare said that I was a loser of 60l. or 70l. a week by Price's circus, and it is the truth—I do not know that Brown as price's agent—I have
heard that Mr. Wilkinson, of Lincoln's-inn-fields, is solicitor for Price—I do not know that Brown was attending at the Judges' chambers on behalf of Price, nor that he was concerned for Price at all—I have said that I was surprised at his having bullied my partner, Mr. Brown—I swear I have not included him in this indictment on account of his Connexion with Price, and on account of his examination of my partner, and to keep him out of the way—I should be as big a villain as they are if I did.
COURT. Q. Did you ever pay any rent for No. 34, Duke-street? A. No, I never paid 1s. for Mrs. Fletcher there—I have never contributed to the maintenance of that house in any way, directly or indirectly—the only application made to me, to assist in getting the lease, I declined—I have no share whatever in the profit of that house—I was not in town more than fourteen days—I sold my place at Manchester on the 25th of Oct. last, and in Nov. I was informed of this indictment—I had nothing whatever to do with the house—I was living at the time in Mount-street, Whitechapel, where I have been residing ever since—I should say that when I apprehended Bayley he did not know me—the officer asked him particularly if be knew me, and he said he did not.
Cross-examined by MR. PARRY. Q. How many times altogether have you had the misfortune to be indicted? A. I dare say twenty or twenty-five times, for gambling and gaming-houses, but I was never tried, apprehended, or convicted of any offence, nor ever charged before a magistrate.
GEORGE BROWN re-examined. Tidmarsh called on me on the 2nd of Dec, wishing me to inform Mr. Richardson that there was an indictment against him for a house kept by Mrs. Fletcher in Duke-street—I expressed the utmost astonishment at it, and said I knew Mr. Richardson could have nothing at all to do with it; at least since I had known him, bat I would inform him of it, so that he might have an interview with Mr. Richardson—Tidmarsh said he would see Mr. Richardson, and it would be the better plan for him to settle it—nothing was said then about the terms on which it was to be settled—he afterwards met Mr. Richardson in my presence (I had told Mr. Richardson of it)—Richardson said, "What have I to do with it? I have nothing to do with it whatever"—Tidmaish said, "Well, I met Moe Jacobs and Partridge on Ludgate-hill, and they told me of this, and likewise that I had better see the parties, and see if I could not settle it, as I knew Mr. Richardson"—Richardson said, "What is it they want?"—he said, "Oh, it is money of course they want; you know these parties, and 30l., I dare say, will settle it."
COURT. Q. Did you have any conversation with Tidmarsh, or these parties, as to the fact of Richardson being connected at all with this house? A. I mentioned it to both Jacobs and Partridge—I have not mentioned it before, because I am so bothered and cross-questioned, it is impossible to recollect all that passed—I asked Partridge and Jacobs why they should prefer a bill of this sort against Mr. Richardson, who I believed knew nothing at all about it—Partridge I believe remarked, "Oh, Mr. Brown! we know Richardson better than you do, and leave that to us."
Cross-examined by MR. O'BRIEN. Q. Tidmarsh called on you first? A. Yes, on the Monday morning—I saw Jacobs on the Tuesday—they called at my house on Wednesday, Thursday, and Friday—it was on Friday afternoon I made the offer of the money—it was on the Tuesday, the first day I saw them, that I asked why they indicted Richardson—it was on the Monday following that I said I had two 10l. notes to give them—I
had paid the 1l. on Friday—I had the 20l. by Shack ell and Haynes' suggestion—I did not, when Tidmarsh first called on me say, "Let them indict my partner if they dare"—I did not believe he had anything at all to do with the house—I did not say to Jacobs, "Proceed at your peril my partner has nothing to do with it"—I was intimidated, from hearing the character of these parties, and thought it would be an injury to my business, and it would be much better for Richardson to settle it, which I advised him to do, rather than have such an exposure, but it was his intention not to do so—I advised Richardson to settle it when I first sit him, on the Monday, after the communication with Tidmarsh—Richardson went to Ipswich in the interim—he did not write to me from Ipswich—I was waiting a reply to my letter—I had of course heard of this house, No. 34, Duke-street, before Tidmarsh called on me—I had waited on gentlemen there—I had not heard of its being indicted before Tidmarhs called upon me—I have known Tidrmarsh about four or five months, or it might be twelve months—I do not know whether it was to Jacobs or Partridge that I paid the sovereign, but they divided it between them in my presence—I paid it at the Black Horse, in Coventry-street—nothing was mentioned at any of the interviews about the house being given op, and time being given for that purpose—no proposal was made about giving it up in March, that I remember—I made no such proposition, nor do I recollect hearing any such thing mentioned—I will swear it was not to Partridge and Tidmarsh that I gave the sovereign—there were several persons there at the time—Tidmarsh was in the room, but at a distance-Jacobs, Partridge, and myself were together.
JOSEPH SHACKELL . I am an inspector of the detective police. I was with Haynes at No. 119, Jermyn-street, on Monday, the 9th of Dec., 1844, a little before three o'clock in the afternoon—I went there at the request of Mr. Richardson, to take several persons into custody for attempting to extort money from him—on hearing the charge, I said I could not act, but they must apply to their solicitor, or indict at the Sessions—I had no objection to see who came, and what they were going to do; but I was not going to remain in the house—I suggested that a person should be put up stairs, for the purpose of hearing what was going on—I then came down stairs, went out, came back, and said I could not wait much longer, and at the same time I saw Jacobs and Partridge come to the house—I had previously marked two 10l. notes, at Mr. Brown's request—I was requested to come again at five o'clock, and did so, and saw Jacobs and Partridge come—I watched them to the end of the Black Horse, in a Coventry-street, where I saw them join Tidmarsh—as soon as they saw I was coming up to them they separated—on the next day I was requested to attend again—I did so, and saw Tidmarsh come alone, but I did not act in any way.
Cross-examined by MR. O'BRIEN. Q. Do you know anything of the house, No. 34, Duke-street? A. I do not.
Cross-examined by MR. PARRY. Q. Do not you know it is a b—w—y-house? A. I do not—I was never there, and never saw it to my knowledge.
WILLIAM PHILIP MASTERS CROFT . I am a licensed victualler, and keep the Bull's Head, in Great Windmill-street. I know Jacobs-about a week, or three or four days before Christmas, he came to me, and said, "You are a friend of Mr. Richardson's?"—I said, "I am"—he said,
"Me and my party have indicted him"—I said, "How could you do so, what have you indicted him for?"—he said, "For a house in Duke-street"—I said, "I think you have done very wrong, for he has nothing to do with it"—he said, it could very easily be arranged, for he would take the same money for settling the two indictments that he bad offered to take for settling the first one—he mentioned 20l.—he said he could very easily arrange it when he had seen his party, and he would come back and let me know, for he had rather do business with me than any of the others, because he knew I was quite a man of the world—I saw Mr. Richardson on the subject, and subsequently saw Jacobs three or four times—Brown subpoenaed me in my own house, to give evidence on Jacob's prosecution—Mr. Richardson had no connexion with that house that I know of.
Cross-examined by MR. PAYNE. Q. Have you been a bankrupt? A. Yes—I got my certificate last Nov. twelvemonths—I have known Richardson four, five, or six years—I have not been concerned with him in some of his gaming-houses—I know Mrs. Fletcher—I never lent Richardson and Mrs. Fletcher my license—I swear that—I have been indicted by Jacobs for keeping a gaming-house, as he said in Duke-street, St. James's—I did not state on the transfer day that I had lost my license—I was indicted in this Court for a rape on a married woman, and honourably acquitted—I did not bring a party of friends to say they had seen her at a brothel—it was a conspiracy by a party, just like this—she was not a married woman—it is about two yean and a half ago—Mr. Clarkson was my counsel—not a witness was called for the defence, and no one was examined for the prosecution but the woman herself—I was discharged by Judge Patteson—he said there was no case—I did not send to Jacobs's house on the 19th of Dec.—I do not know that the house, No. 34, Duke-street, is a brothel—I was never there—I do not know from the neighbours that it is a notorious brothel—I know Duke-street—my place it a quarter of a mile from it—I do not know Mrs. Lewis, of No. 35, nor Mrs. Jeakins, of No. 33, nor Mr. Roberts, of No. 38—if that is the poorrate man, I know him—I do not know where he lives—he collects my rates—I do not know Edward Fenton, nor Gray, Harris, Ponder, Walter, or Hunter, not one of them.
Cross-examined by MR. PARRY. Q. You have seen Richardson and Mrs. Fletcher frequently together, have you not? A. Once.
MR. BALDWIN. Q. What became of the indictment that Jacobs preferred against you? A. A person named Gray had two sovereigns of me, and told me he gave them to Jacobs—he had the warrant in hh possession, and it was discharged—I was not tried on that indictment.
TIMOTHY GIBLETT (police-constable C 95.) I took Bayley into custody—Mr. Richardson was with me—he went to Bayley first—he did not know him—I pointed him out to him—Mr. Richardson said, "Do you know me?"—he said, "No, I don't"—Mr. Richardson said, "Oh, you don't know me?"—he replied, "I might have seen you hundreds of times before, but I don't know you"—I then said, "Bayley, I want you, you are my prisoner"—I was in my uniform—he then said to Mr. Richardson, "Oh, you are Mr. Richardson"—I took him to the Police-court, Great Marlborough-street, and when there he said he had been dragged into it, he had only got 3s. or 4s. for watching the house, and knew nothing further about it.
ARTHUR CORNER, ESQ . I am chief clerk in the Crown Office. I produce an indictment found on the 22nd of Nov. last by the Grand Inquest at Westminster—I also produce another indictment, found on the 17th of Dec, at Clerkenwell Sessions-house, which was removed by certiorari into the Queen's Bench—the certiorari is signed on the 7th of Jan.—the indictment preferred on the 22nd of Nov. could have been tried before this, by the prosecutor ruling the defendant on his recognizance.
Cross-examined by MR. HORRY. Q. I believe it is customary to pot the names of the witnesses who go before the Grand Jury on the back of the bill? A. Yes.—(On the back of the first indictment was endorsed, "Moses Jacobs, prosecutor," and "William Bayley;" and at the foot, "Moses Jacobs, prosecutor in person, 101, Berwick-street, Oxford-street, Westminster")—that was put on by the parties sending in the indictment before the Grand Jury, and it must have gone before the Grand Jury in that way—there are two other names struck out—they were not sworn, I suppose-two only were sworn in Court.—(On the second indictment was endorsed, "Moses Jacobs, 101, Berwick-street, Oxford-street, prosecutor; Maria Lewis, Elizabeth Jeakins, and Joseph Mount.")
Witnesses for the Defence.
COURT. Q. Do you mean that the woman has two names, or there are two persons? A. A man and a woman.
MR. O'BRIEN. Q. Do I understand you to say that the man's name is Richardson, and the woman's name Fletcher? A. Yes, there are persons live there of that name—I do not know the man by sight—they hare only recently come there, within this twelve months—(looking at Richardson)—I suppose he is the man—I might have seen him in the yard of No. 34—my back-yard and his look into each other—I understand that they keep the house—I will swear I have seen him there—I was never in the house—I attended a meeting at St. James's Vestry—I do not know the date, it was at the latter end of the year, and I think before Dec—we went there for protection, the house No. 34 was such a nuisance and grievance—I should think there were fourteen or fifteen of the parishioners there—Jacobs did not attend there—I live next door to No. 34—it is a disorderly house—I heard no proposition at the Vestry to employ any party to indict the house as a nuisance—we went to the clergyman also—he was not present at the Vestry, and he said he could not render us any redress—I and Mrs. Lewis attended at the Clerkenwell Sessions, to go before the, Grand Jury, and saw Jacobs there.
COURT. Q. Did you employ Jacobs to indict the house? A. No, he came to me, and I told him I was very willing, if he could do anything, that he should do so, to do away with the nuisance—Jacobs gave me notice to attend before the Grand Jury—he applied to me to go there—Mrs. Lewis and I were the only two females who attended—none of the parishioners were with Jacobs when he called on me—I cannot toll the date, it was only a few days, I think, before I went to Clerkenwell.
MR. O'BRIEN. Q. Did you attend on the day on which you understood the trial was to take place at Clerkenwell? A. Yes—I did not see many of the parishioners there—I have repeatedly seen young females in the house No. 34—there is only a wall separating Mrs. Fletcher's back
premises from mine, and the scenery in that yard is beyond everything I can describe, at three and four o'clock—I have been called up twice of a night to repress it and to call to them to keep peace, and heard the most horrid language that ever was uttered—there is a house at the back elegantly fitted up, it has been a tailor's shop, and there I have heard most distressing screams for assistance from females, dreadful screaming for help, at three o'clock in the morning; and Mrs. Fletcher herself has ininsulted me with the most horrid language, "b----b----, and wh----, and d----you, you deserve to be poked," and put me in bodily fear of my life—I have seen gentlemen in the yard fighting with the ladies at three o'clock in the morning, gentlemen patting their hands, and ladies calling them villains, and all that—I have seen the females stand at the door constantly, inviting every gentleman in that passes—a regular nuisance—I have seen them elegantly dressed at night—I cannot let my house; I have laid out 1000l. on it, and must leave it if there is no redress.
COURT. Q. Why not apply to the parish officers? A. I have been to the parish and to the police-station—I have applied to Mr. Buzzard, the regular parish officer; but I am a widow, and do not know how to proceed—I mentioned these facts to Jacobs; he did not mention them to me; I do not think he knew them before—Mrs. Lewis sent him to me—she is ill and confined to her bed—I have not seen her for this week and more.
MR. BALDWIN. Q. Was it before Jacobs came to you that you went to this vestry meeting? A. Oh, yes, a long time—I went to the police first, and then to the vestry, and then to Mr. Buzzard—I should think that was two months before I went to Clerkeowell, but I am not sure—when Jacobs came to me he said I must go with them, and they would indict the house—I went directly after; I was very happy, and told him he would be like an angel from heaven if he could relieve us from such a pest.
COURT. Q. You did not tell him to compromise it afterwards? A. Oh dear, no, certainly not; I never thought of such a thing.
MR. PAYNE. Q. Is the house kept open still in that way? A. Yes, no doubt of it—about three nights ago my son, who has a wife and family, was invited in by females at the door; he told me so this morning.
JOEL WALKER . I am not overseer, nor do I fill any office in the parish; I am a parishioner. In Feb., 1837, I instructed the vestry clerk to indict Mr. Richardson and Mrs. Fletcher for keeping a b—w—y-house at No. 69, Jerrayn-street—I know No. 34, Duke-street, well—I cannot tell the character of that house—I live in Jermyn-street.
ALFRED GRAY . I live at No. 32, Duke-street, St. James's. I know No. 34—it has every appearance of a private house—I believe it to be a brothel, from what I have seen—it is very much frequented by females and persons of rather loose character—I suppose them to be so, I do not know it—I have seen women and men go in together—I have not seen women standing at the door—the door has every appearance of being shut I cannot say that I could recognise the women whom I have seen going wth men, as seeing them in the street—I hava not heard any noises from the house—I am a tailor—Mrs. Jeakins's house is between mine and No. 34, and her outhouses and a very high wall prevent my seeing the back premises of No. 34—I attended at Clerkenwell for the purpose of giving evidence against the house—I have seen nothing more than I have
mentioned, loose characters, men and women, going in, and having been spoken to of its being a brothel.
MR. BALDWIN. Q. How came you to attend at Clerkenwell? A. Because I was subpoenaed by Jacobs.
MR. PAYNE. Q. You're your eady to give evidence there when called on? A. I was, but I was not called on—there was some delay—I cannot recollect the day I attended there—the Sessions were going on at the time.
EDWARD HOLMES . I live at No. 39, Duke-street. I recollect attending a meeting at the vestry some time in Dec, I think, I cannot fix the date—it was on the same occasion when Mrs. Jeakins was there—we went to see if the parish would assist us in removing a nuisance which Mrs. Jeakins had to complain of—mention was made of indicting this house, No 34.
COURT. Q. Were you aware of the provisions of 25 Geo. II., that would compel the parish to take the thing up if the parishioners wished it? A. I was not aware of it—our application to the board was to get the assistance of the parish to remove the nuisance; and the parish solicitor then stated that unless the actual fact of the case was proved, they could render no assistance whatever.
MR. O'BRIEN. Q. Do you know the house, No. 34? A. Yes—I really cannot say what kind of house it is—my business is entirely away from the street all the day, therefore I am not much acquainted with it.
JURY. Q. Did you go to Clerkenwell? A. Yes, I was subpoenaed by Jacobs—I do not know him myself.
MR. BALDWIN. Q. You did not employ him then to get up this prosecution? A. Not I—I do not know whether he is a parishioner—I know nothing at all of him.
JOSEPH MOUNT (police-constable C 128.) I know No. 34, Duke-street I have seen prostitutes and gentlemen go in and out—I know them to be prostitutes by seeing them with different gentlemen at different times—I have seen some who have been locked up as disorderly women go there with men—I have seen those women walking in the streets—I cannot say I have seen them accost gentlemen—I attended at Clerkenwell.
COURT. Q. Who requested your attendance? A. I was subpoenaed there by Jacobs—I do not know how he was aware that I knew anything about the matter—I have been on that beat frequently—he might know I was the policeman on that beat—the date of my subpoena is the 17th of Dec.—(producing it)—I was not at Westminster in November.
MR. PAYNE. Q. Did you go before the Grand Jury at Clerkenwell? A. Yes—I attended again on the 9th of Jan., and was ready to gire evidence—the case was not tried—I was told something about a certiorari.
JURY. Q. Were you on the beat at the time these proceedings were going on? A. I was not, I had quitted it nearly six months—none of the officers on the beat were subpoenaed, that I know of—what I saw was in the course of last year.
COURT. Q. Could you prove anything when you were there? A. No—I was subpoenaed there by Jacobs—I often see persons go into that house, but I do not know whether they are a good kind or bad—I do not know anything about the house.
WILLIAM RUSSELL (police-constable A 117.) I have been transferred from the C division—I know the house No. 34, Duke-street—I have been on the adjoining beat three or four years, on and off, merely in plain clothes, passing, and I observed a prostitute go in there twice—I have seen her walking in different beats where I have been, and I have seen her go into a brothel in King's-place—she was alone then, and also when I saw her go into No. 34, Duke-street.
JAMES ROBERTS . I am a collector of the poor-rates, and live in Duke-street, within four doors of No. 84, on the same side of the way. I know the house by common report, and from my own observation, I should deem it to be not a regularly conducted house—I have seen women go in and out, alone—I did not know them by sight, but their appearance would lead any one to conclude what girls they were—I have had no communication with Jacobs about the house—he has with me—he applied to me, and said he had got a bench-warrant against a Mrs. Fletcher who kept a notorious bad house a few doors above me, that she had put in bail, and he called on me as a collector of the rates, to know whether the bail were respectable persons—I replied there was only one of the persons that lived in my division, I did not know his circumstances, but I believed him to be a very respectable man; with regard to the other person, I did not bow him at all—the person I did know was a Mr. Smith, of Great Windmill-street—I do not know the other person now—I did not go to Clerkenwell to give evidence on that occasion—Jacobs lives in the parish—I collect from him—I have collected in that division nearly nine years—he keeps a china and glass shop—I have collected from him for nine years past.
The defendant Bayley was here acquitted by consent of the prosecution, and called on behalf of the other defendants.
WILLIAM BAYLEY . I know Mr. Richardson, who has been examined—I know the house, No. 34, Duke-street—I have seen Mr. Richardson go into that house, I should think five or six times—I cannot say that I know Mrs. Fletcher.
Q. Is it true that you mistook this Mr. Richardson for his brother Henry? A. Why, it was told to me it was Henry, and it turned out to be Thomas—the person I saw go in was Thomas—I have known this Mr. Thomas for some years, though he does not know me—I knew him in his gambling-house concerns—I have known him, I should think, three or four years—it may be more—it was perhaps about the middle of last Nov. that I saw him go into this house five or six times—I cannot say exactly to a few days—I had not seen him in Oct.—I had seen him in the earlier part of the year, several times—I really forget where—it was at Ascot-heath, or Epsom—I did not see him go into No. 34, Duke-street before Nov.—I have never seen him and Mrs. Fletcher together, to my knowledge—it was before the 22nd of Nov. when the bill was found, that I saw him go there—I never saw him afterwards—I was placed there to see if he went in—to see if Thomas Richardson went in—I was backwards and forwards, watching there for about a week or a fortnight—I should think I saw him six or seven times during that period—I cannot
say exactly—it was always in the evening part, about eight or nine sometimes ten, eleven, twelve, or one o'clock—they seemed to be engaged at that time—he did not see me watching him—I do not know why they indicted me—I never heard anything of it till I was taken into custody.
MR. BALDWIN. Q. Who employed you to watch? A. Jacobs, and another gentleman whose name I do not know—I know Partridge, it was not him—I know Tidmarsh, it was not him—it was a stranger to me—he told me he was a parishioner—Iwas told it was Henry that kept the house—I think it was the gentleman that was with Moe Jacobs told me so—it was said as we were all three standing together—Jacobs was present at the time, but not very close to us—I watched and saw Thomas Richardson go there.
COURT. Q. Then you were not set to watch for Thomas Richardson? A. I was sent to watch to see if Mr. Richardson went there, and I understood it was Henry Richardson that was supposed to be there.
MR. PAYNE. Q. Did you go before the Grand Jury at Westminster? A. Yes; that was after I had seen Thomas go in—I knew then it wa not Henry but Thomas.
MR. BALDWIN. A. Did you know it was Thomas, when you were taken into custody? A. Yes, of course I did.
COURT. Q. Did you not in the presence of the policeman, when you were taken into custody, say you did not know Thomas Richardson? A. I will tell you; Mr. Richardson came to me, and said, "Do you know me?"—I looked at him; I was taking a pail of water up, and said, "I do not know you, I know a good many people"—I looked up, and said, "Oh, I know you"—he said, "Where?"—I said, "Oh, I have known you I good many years"—he said, "I have got a warrant against you"—I laid, "Your name is Thomas, I have known you a good many years"—when I first saw him he was buttoned up in a great coat—I was at a stand, it I watering-place, and I did not exactly know him; it was at three o'clock in the afternoon—I had a better opportunity of seeing him when I saw him going into 34, Duke-street, though it was in the evening part, because he was muffled up so high at that time—I never said to any person, to my knowledge, that I understood it was Henry who was charged with keeping this house—I never had any dispute or quarrel with Henry whatever—I have been in prison—there was a subscription made for me; and the door of the house of which Henry is the proprietor was shut in my face—that was when I wished to have some assistance after I got out of prison—the thud man told me in Jacob's presence to look out for a Mr. Richardson, and I understood it was Henry.
Q. Why did you understand it was Henry? A. I was told it was him that kept 69, Jermyn-street, a gambling-house, and that was Henry, the man whose door was shut in my face—I did not mention to anybody before I went before the Grand Jury, that Thomas was the person I had seen—I do not think I ever spoke a sentence about it to Jacobs.
Q. So that when Jacobs took you as his witness to the Court of Queen's Bench to prefer the bill, you had not said that you had seen Thomas enter that house? A. Yes, I told him it was Thomas Richardson; I said "You make a mistake"—I had not mentioned it to a soul till we were waiting in the hall, and I then said, "It was Thomas Richardson I saw go in;" that was when we were going before the Grand Jury—the parchment was then already filled up with his name.
Q. Then can you suggest how Jacobs should know, if you had not told him, and you were his only witness, that it was Thomas that entered that house? A. His name was never mentioned one way or the other; he said, "You are perfectly satisfied it was Mr. Richardson?" and I said, "Tee—no Christian name was mentioned—the person that had been mentioned to me by the third party in Jacob's presence was the person who lived at 69, Jermyn-street—that was Henry.
Defendant Brown. I was clerk to Mr. Warren at the time—the subpœnas are lodged in his name, and I received 1s. for serving them.
JOHN MEWS . I am a confectioner and sugar-refiner from the root of the cane—I am a bankrupt, and have no certificate, and this is still depending on Mr. Brown—it appears that he has done the business without any fee or reward—I do not know whether I have seen Mr. Warren—the proceedings in the Insolvent Court were conducted in the name of Warren.
COURT. Q. Did you ever instruct Mr. Warren? A. I do not know really—I have 125 cases against common informers, and one and another, and lawyers of different descriptions—Brown has acted as Warren for me—Mr. Warren has had a case up against me, I believe, or for me—in fact it is a common business among them—I have been tried here, I am proud to say, to defend myself against common informers and lawyers that will say and swear anything—I am a bankrupt, and Brown is aware I have been seriously robbed by my head creditor, and forged upon by my own assignee—he knows the whole transaction, and he has done it without fee or reward, and for that I come forward to give him a character.
MRS. COLLELLO. I am a widow, and live at No. 10, Suffolk-street, on my property—I have known Brown from his infancy, and have heard him speak of Mr. Warren, an attorney—I never saw him—Brown conducted some law business for me about eight or nine years ago.
COURT. Q. Did you ever see him at Mr. Warren's office? A. Yes, Mr. Warren has been bed-ridden for some years, and my brother has had the conducting of the whole of his business for the last eleven years, and by the authority of Mr. Warren he was directed to employ Brown to assist him in the business—I have seen Brown along with my brother at the office, 101, Berwick-street, carrying on the business of Mr. Warren, as his clerk, and to the knowledge of Mr. Warren.
JACOBS— GUILTY .— Confined Six Months, and fined 20l.
BAYLEY and BROWN— NOT GUILTY .
NEW COURT.—Monday, March 3rd, 1845.
Fifth Jury, before Edward Bullock, Esq.
671. HENRY SOMERS was indicted for stealing 1 handkerchief, value 2s., the goods of William Cooper, from his person: 1 handkerchief, value 2s. 6d., the goods of Walter Searle Long, from his person: 1 handkerchief, value 1s., the goods of W. Gresham, from his person; to all which the prisoner pleaded
GUILTY . Aged 26.— Confined Six Months.
672. PATIENCE FOWLER and HANNAH BARRETT were indicted for stealing 1 watch, value 4l., and 1 watch-chain, 1s., the goods of William Henry Watkins, from his person; and EMMA FULLER for feloniously receiving the said watch; well knowing it to have been stolen; against the Statute, &c.
WILLIAM HENRY WATKINS . I am a farmer. On the 28th of Jan, between six and seven o'clock in the evening, I was going home with a friend—I went with him to Baker-street, for him to make a call—he went into a house, and left me sitting in my cart—while I was there the prisoner Barrett came out of a house, and asked me to step in, as it was very cold—I said I could not, as I had a great-coat and some other things in my cart, and could not leave them—she said she would send her son to mind them, which she did—I went into the house, and into a room on the right hand side—I saw Fowler there soon after—Barrett left the room several times—I sent two or three times for some gin, and I think Barrett went for it, but I did not take particular notice—I took out my watch and looked at it several times—I said my friend was gone a long while, and I must go—I sat at the end of the table, and Fowler stood close by me—Barrett was there when Fowler stood by me—I dare say I staid there two hours, talking and drinking gin—I think we had three or four sixpenny-worths—I got into my cart, and went home, down the Mile End-road—I was going to Stratford—my friend had come to me at the house—as I went home I missed my watch—this is it, and this is the chain I had—Mrs. Barrett teot me this letter—I do not know her writing, only by her name being to it—in consequence of the letter, I went to her house, and she told me she had found my watch—I asked her how she came to suffer it to be pawned—she said the other young woman took it to pawn—Barrett said she sent me a letter, and asked if I had received it—she said she found my watch at the end of the table, up in the corner.
Cross-examined by MR. BALLANTINE. Q. Had you known any of these persons before? A. No—I was waiting for my friend—I had been in Baker-street three times before—I do not know anything about the house, nor the people in it—another young woman came in, but she stopped no time—I had been there then very likely an hour—I was alone with one of these women—I was not undressed—I had my great-coat on—I had none of my clothes unbuttoned—my friend's name is Noble—he lives at Wood-ford—I am a farmer—there are races on my ground—I let the ground for racing—that is all I have to do with the races—I am not clerk of the course—I ride about all the time to keep peace and quietness.
WILLIAM CARROLL O'BRIEN (police-constable K 366.) On the lst of Feb. I went to Mr. Folkard's, a pawnbroker, in the Commercial-road-my attention was called to Emma Fuller offering a watch—I went out, and brought her back—I asked her for the watch she had offered to Mr. Folkard—she said she had no watch—Mr. Folkard identified her as the person who offered the watch a short time before—I put my hand to her bosom, and found this watch there—she said she lived at No. 9, Baker-street, which was true—on the 6th of Feb. I apprehended Fowler—I told her it was for stealing a watch—she paid she knew that very well—I took Barrett the same day—she asked me what she was taken for—I told her she was concerned in stealing the watch—she said if she ever found a watch again, she would burn it, sooner than write as she did to Mr. Watkins.
Cross-examined. Q. When you took Fowler you told her she was
charged on suspicion of stealing a watch? A. Yes—she said she knew it was about a watch—she gave herself up—the pawnbroker's is close to Baker-street.
NOT GUILTY .
673. ROBERT CARPENTER and ANN PYBUS were indicted for feloniously receiving, on the 27th of Jan., 8 spoons, value 3l. 14s.; 1 pair of sugar-tongs, 16s.; 2 cruet-tops, 4s.; 1 pair of nut-crackers, 4s.; 1 coat, 3l.; 1 hat, 1l.; 1 pair of gloves, 1s. 6d.; 1 necklace, 1s.; 1 key, 6s. 6d.; and 10 half-crowns; the property of Isaac Fordham: and 1 waistcoat, 7s.; 1 razor and case, 2s. 6d.; and 1 guard-chain, 6d.; the goods of William Brown Fordham: well knowing the same to have been stolen; against the Statute, &c.
ISAAC FORDHAM . I live in Hatton-garden, and am an emery-paper maker. On the 26th of Jan. I went to bed about ten o'clock—my house was shut up in the usual way—I did not see it fastened, but I was the last person up, and I saw it was shut up as usual—next morning I found it had been entered at the back kitchen window, by cutting it away—I found my drawing-room deranged, and missed a cash-box from an escrutoire, which had been shut and locked the night before, but the key was left in it—there were twenty-five sovereigns in the cash-box, and about 3l. in half-crowns—I saw it all safe a few minutes before I went to bed—I was going a journey—I had opened the box, and counted the cash—I missed these spoons, and tongs, and other things—I had seen them on my sideboard at ten o'elock the night before—these spoons and other articles are mine, and here are the exact quantity I missed—they have my initials on them—I missed a rough coat and a hat, which I had seen safe the night before—this waistcoat is my son's, and this razor and case are his—his name is William Brown Fordham—he is not here—I know it is his—his things were in a desk, which was broken open, in the warehouse, not in the room where my things were—there was another desk in the warehouse, which was found locked, but it had been unlocked, and some trifling articles taken out—the thief had had a key which opened it—I saw this key (looking at one) at the Magistrate's office, and they allowed me to take it home and use it—it is the key of my iron chest—I saw another key produced, which I saw the officer try to my son's desk, and it fitted it as well as the proper key did—it was not my son's.
THOMAS KEYS . I am an accountant, and live in the front room up stairs at No. 14, Church-way, St. Pancras. The two prisoners lived in the back room—about a quarter before three o'clock in the morning of the 27th of Jan. I was in bed and awake—I heard a voice from the back of the premises call "Ned" and immediately somebody from the back room adjoining to mine, went down stairs and let in two or three persons—I am certain there were two persons let in—they went into the prisoners' room, and shortly afterwards they commenced a great noise, as if they were hammering a tin cannister—I listened attentively, and could not distinguish their voices from the sound of the tin, and as if they were sounding gold and silver—I heard somebody say, "Now we shall have the 2s. 6d. or 12s. 6d. to be divided between us"—it was a male voice that said that—I then heard a female say, "Now, I suppose, it is all over, you will go out of town," and a male voice said he thought he should go to Brighton—shortly after we same persons, apparently, who had been let in, left—I did not see any
person—they had remained in the room perhaps an hour—as they were going down, I heard as if they were taking away the same tin thing that they brought in—the same person who let them out then returned to the room, and I heard a rattling which sounded to me like keys—I afterwards heard some policemen pass—I opened my window, called them, and let them in—I then went into my room—I afterwards went into the back room and saw the prisoners there—I saw this plate which is here—the policeman had this tin box in his hand when I hailed him from my window.
Cross-examined by MR. HORRY. Q. There was a good deal of talking after the persons came up stairs? A. Yes—I did not hear a female voice making any strong remarks on what was going on—I heard a female say something about making tea, just before the others left—the other parties were in the room three-quarters of an hour or an hour—I was listening the whole time—there appeared to me to be two or three men talking—I did not hear the female talk much—she might talk in a lower tone—I do not recollect hearing her voice above once or twice—I did not bear one of the men say to the female, "It is no business of yours"—when they were going away she said, "I suppose you are going for a spree?"—she said, "I suppose you are going to Portsmouth?" and a man said, "No, I shall go to Brighton"—I did not hear the words "Hold your noise"—I hare told as much as I heard—the conversation was rapid—I will swear I heard two persons come up to the room, and some person call from the back of the premises—there is a street at the back—I heard a person go down, and it was a man as far as I could judge—I had been reading till a short time before I went to bed—I came in about ten minutes past twelve o'clock—I did not hear anybody go down before some one left the room to let these persons in—I had heard two persons talking in the prisoners' room in a quiet manner—everything was as quiet as possible in the house.
COURT. Q. Can you tell whether it was a man's step that went down stairs? A. Yes, it was a man's step, I am satisfied, that went down, and I heard at least two persons come up, and I heard two voices occasionally in addition to what I had heard in the room before.
HENRY SHAWYBB (police-constable S 45.) About five o'clock in the morning, on the 27th of Jan., I was spoken to by Keys, and I went with other officers to the back room on the first floor of his house—I found the prisoners there—I took Pybus into custody—she said to another officer, who took up some of this plate and asked what that was, that it was what a young man, a friend of hers, had left who had just gone—I received thu key from the female searcher, which I took to Mr. Fordham's and tried to the desk that the waistcoat had been taken from, and it fitted it exactly.
Cross-examined. Q. Was that all the female prisoner said? A. It was all she said in the room—she said a young man, or two young men, who had just gone away, had left it, and'the word "friend" was mentioned—she said a friend of hers or of theirs.
LEES SHAW (police-sergeant S 4.) I went with the other officer to the room, and found the two prisoners—I said, "What is all this hammering going on here?"—Pybus said they had but just got up, and there had been no hammering in the house whatever—both the prisoners said that, an Carpenter also said that all the property in the room was their own, and we were welcome to search it—the coats were taken off the bed—Pybus
said they were her husband's, and Carpenter said, "These aie my property"—I took this razor, which was close beside him, and he said, "This is my property, too"—in taking his coat up a glove dropped from it which he said was his property, and in searching him at the station I found these ten half-crowns in his right hand breeches pocket, and one glove in bis coat pocket—I had found this cash-box about 100 yards from the house before I went there—when I got to the room the female was dressed and the man was dressed all but his coat—there was a bedstead in the room which was turned up—when the woman said they had just got up the man was close to her—they were almost touching one another—I do not think the man said anything when she said that.
Cross-examined. Q. The man's coat was hanging up, was it not? A. Yes, in the room—I am not certain whether it was on the bedstead or not, as the room was rather dark—we had but a small bit of candle, and one of our lamps—the man put on his coat, which I think was handed to him by a constable—I did not see it hanging close by the prosecutor's coat—I swear that both the prisoners said that there had been no hammering—I swore so before the Magistrate—this is my signature to this deposition—(The deposition being read, stated, "The male prisoner said there had been no hammering there.")
Q. Do you persist now in swearing that both the male and female said there had been no hammering? A. Yes, I do—one of the constables held the coat up, when the female said it was her husband's.
EDWARD SIIATLOR (police-constable S 214.) I went with the other constables to the room—I found there these eight spoons, these tongs, this hat, and the other things—I held up the spoons, and asked who they belonged to—the female prisoner said they had been left there by two young men, who had just gone away—I found in the male prisoner's pocket this key of Mr. Fordham's iron safe, and I found in the fire-place this bit of tin, supposed to be a part of the cash-box; but it was broken in such a way, that it could not be exactly identified.
SARAH GOWER . I am the wife of George Gower; we live in Seymour-place, North; there is a gate from the back of our premises into Church-way. On the morning of the 27th of Jan., I found part of the cash-box in the yard of our house.
GEORGE ARNOUP . I am landlord of the house where the two prisoners lived—they had been living there a fortnight and two days—the female took the premises between one and two o'clock one day, and both the prisoners came about five—when they were in my house at night, no one could get in, without knocking, or some person letting them in—I sleep in the front parlour—about four in the morning, on the 27th of Jan., I was awake, and three persons came down stairs—they came along the passage, and at the door a strange voice said, "Good morning," and the prisoner Carpenter said, "Good morning"—I knew his voice—he closed the door, and the others went out.
Cross-examined. Q. Have you heard that the female prisoner is married, and has left her husband? A. I have heard so—I do not know it.
this brass handle there—I have not compared it with any box or any place.
Carpenter. The property was left by two young men, friends of mine and sooner than get them into the misfortune that I have got into, I will suffer myself; this female has nothing to do with it.
(Pybus received a good character.)
CARPENTER— GUILTY . Aged 23.— Transported for Seven Years.
PYBUS— GUILTY . Aged 30.— Confined Six Months.
NEW COURT.—Tuesday, March 4th, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 28.— Confined Tao Months.
JOHN LACEY . I am a grocer, and live in King-street, Hammersmith. On the 8th of Feb. I fetched a tub of butter from the Castle and Falcon—I left it in my cart in Newgate-street, about eight o'clock in the morning, while I left for about ten minutes—when I returned it was gone—I saw it again in the hands of the officer, and knew it by the direction on it
CHARLES WILLIAM KENT . I was coming out of Mr. Wbeelton's ware-house, in Bath-street, Newgate-street, on the 8th of Feb., a little after eight o'clock in the morning, and saw Kelly carrying a tub of butter in front of him—he seemed as if he wanted to hide it—Connor was a short distance behind him, looking about him—I followed them down Christopher-court to St. Martin's-le-grand—Kelly then turned to the left, and Connor to the right—I followed Kelly—I turned and saw Connor following me, as though they noticed me—I ran back and changed my coat, took off ray cap, and put a hat on—I then ran to Little Britain, where I saw Connor carrying the tub, and Kelly was with him—they crossed over to the Horse and Groom, and went just inside the passage—I saw a policeman at the corner of Bartholomew-close, and told him—this is the tub.
Connor's Defence. A. man in the street hired me as a porter, and told me to go towards Little Britain; I had it on my head, and asked Kelly to assist me; he took it while I was putting a handkerchief in my cap, to carry it again.
Kelly's Defence. He asked me to take it off his head while be took his handkerchief to put in his cap; I carried it a short distance, and gave it him again; he asked me to take it off his head at the public-house door.
CONNOR— GUILTY . Aged 20.
KELLY— GUILTY . Aged 23.
Confined Nine Months.
WILLIAM TALBOTT . I am a farmer, and live at Tottenham; the prisoner was my carter. In consequence of circumstances, I marked some pieces of paper, and directed my son to place them somewhere on Tuesday, the 11th of Feb. On the Wednesday he brought me a nose-bag full of corn, with some of the papers which I had marked in it—I can swear to the papers—the corn consisted of black Tartarian oats, with a few peas and beans—I grow these oats myself—there are very few of any kind grown about us, and very few Tartarian oats—I believe they were mine—there were a few peas and beans mixed with it when it was given out at night—the corn and the mixture exactly correspond with what I gave ont—there was very nearly half a bushel—the prisoner was going out on the Wednesday, to take a load of beans to Newington—he was then to go on to Truman's for grains.
Cross-examined by MR. HORRY. Q. How long has he Been in your service? A. Eight or nine years.
WALTER JOHN TALHOTT . I am the prosecutor's son. On the Tuesday evening I found a sack with some corn in it under the manger in the stable—the prisoner is the only driver my father has—I put some papers in that sack amongst the corn—on the same evening I found the corn was gone out of the sack, and put into the bin, in a bag—the prisoner started about one o'clock the next morning, to go to London—I was there when he went—he had two nose-bags of food for his horses, which were allowed him—they were behind the cart—I looked for the corn in the bin, and it was gone—I gave him the corn that was in the nose-bags the night before—it was the same corn as I had found under the manger the night before—I followed him, and asked him for the bag—he offered me one with corn and chaff in it—I said I did not want that—I then looked, and saw a bag under the load of beans—I took it out, and brought it home to my father's—I had given him all the corn the night before, but he should have given it to his horses the night before, and should have had that morning each of his nose-bags about a quarter full—it should have been mixed with chaff, and I found one bag with clear corn in it, and the papers were in it.
THOMAS COZENS . I went with Walter John Talbott, In fire evening, and found the corn was gone. I went to the stable after the prisoner had started, and saw the bag that the prisoner brought back—it had the papers in it, and it was clear corn, which the prisoner had no right to have.
GUILTY. Aged 20.—Recommended to mercy. — Confined Four Months.
DANIEL SAMUELS . I am a baker, and live in Middlesex-street, Aldgate—the prisoner was in my service. On the 19th of Aug. I sent him with a basket of bread to Mrs. Levy's, and to other customers—if Mrs. Levy paid him 2l. that day, he never paid it to me—he absconded that day with the basket of bread, and what money he had received.
prisoner 2l. for his master in the month of Aug.—I cannot say on what day.
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
CHARLOTTE GRAY . I am housemaid to Mr. Cousins, at the Steelyard, Thames-street—the prisoner was nursery-maid at the same place. I had three sovereigns and two half-sovereigns in my box, which was locked, and the key was between the mattrass and the bed—I went to my box on the 8th of Feb., and my money was gone—the prisoner was searched by Beale, and three sovereigns and one half-sovereign found in the toe of her stocking on her foot, it was wrapped in a piece of paper, which I believe was the paper my money was in, but I could not swear to it.
Cross-examined by MR. PAYNE. Q. Was it common whity-brown paper A. Yes—I always kept the key in my pocket, but that day I was going out, and put it under the bed—the prisoner had a knife to cut her boot-lace, and was willing to be searched.
RICHARD THOMAS COUSINS . I was present when the cook drew the stocking from the prisoner's foot—the prisoner said she hoped I would forgive her, it was her first offence, and if I would let her off she would never do it again.
Cross-examined. Q. Did she not say she would never do it again, and the girl should have her money? A. I believe those were the words.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Prosecutrix and jury.
Confined Three Months.
680. CAROLINE DOWSETT was indicted for stealing 1 pillow-case, value 1s. 6d.; 1 handkerchief, 1s.; 1 neckerchief, 6d.; 1 apron,6d. 1 collar, 6d.; 1 pair of shoes, 6d.; half a yard of printed cotton, 3d.; and 1 bonnet, 6d.; the goods of George Bartholomew Brumbridge, her master: and MARY DOWSETT , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
GEORGE BARTHOLOMEW BRUMBRIDGE . I live at Hounslow-heath. Caroline Dowsett had been in my service, and after she left I missed the pillow-case and other things stated—they were all my property—I saw her, and told her I had lost some things, and I was satisfied she had taken them—she said she had not—I told her I was certain she had done so, and it was better to say so at once—I went to her mother, Mary Dowsett—she said she knew nothing about it, her daughter had not been home, she had left her at Sergeant Maloney's, at the barracks—I went, and found Caroline Dowsett there—we then went to her mother again, and said we had come for the things that her daughter sent home by her—she said sne had not got them—I told her she had, for her daughter had sent us there for them—after a little while, she said she would fetch them—she went into a field, and fetched a parcel, which I gave to the officer—it contained the pillow-case and other things, which were all mine.
Cross-examined by MR. BALLANTINE. Q. What time did you go first to the mother's? A. I think about nine o'clock in the morning—she was extremely agitated, and begged me to forgive them—the girl had a box, in which she took her own things away, and these things were taken in a bundle—she left my house at six the night before.
CHARLES JEEKS (police-constable T 20.) I went to the mother—she denied at first all knowledge of the things, and said, the only thing that had been brought home lay upon the table, which was a gown belonging to her other daughter—I went again, and she got these things—the daughter produced this handkerchief from her pocket.
CAROLINE DOWSETT— GUILTY. Aged 15.—Recommended to mercy.
Confined Five Days, Solitary.
MARY DOWSETT— NOT GUILTY .
GUILTY .— Confined Three Months.
GUILTY . Aged 26.— Confined Three Months.
GUILTY . Aged 29.— Confined six Months.
GUILTY.* Aged 15.— Transported for Seven Years.—Parkhurst.
MARY ANN ROGERS . I live in Bishopsgate-street. The prisoner came to me in the beginning of February for some dirty linen, which I was in the habit of sending to Mr. Pettifer—I paid him 16s.—it was on a Monday, and I think about the 4th of Feb.—the prisoner signed the book.
JOSEPH PETTIFER . The prisoner was in my service, on the evening of the 4th of Feb. He paid me 9s. 1 1/2d. on account of Mrs. Rogers—I am sure that was ail—he said Mrs. Rogers had only paid him two little bills, and had left the 6s. 10 3/4d., and had not paid him that—he said he would take his oath of it—I sent to her, and she said she had paid him the 16s.—he still stuck to it she had not, till I sent for a policeman, and then he acknowledged it.
Prisoner. I acknowledge receiving the money, but not with an intention of keeping it; I was under the influence of drink when my master asked me, and I did not understand it.
Witness. He came home tipsy, and had been out two hours longer than he ought to have been—he said an accident had happened in Thames-street—I could make nothing of him that evening—I sent for him the next morning—he then said again she had not paid him the money—I
asked him how it was he had signed the book for 16s.—he said he signed the book, and she could not pay him, unless he gave change for a sorereign.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 56.— Transported for Seven Years.
GUILTY . Aged 20.— Transported for Seven Years.
WILLIAM GODDARD . I live in Theobald's-road, and am a grocer. The prisoner was in my service from the 30th of Nov.—I suspected him, and on the 13th of Feb. I caused some persons to come and purchase things with money which I had marked—I then asked the prisoner if the cub in the till was all he had taken—he said, "Yes"—I said I wished to see what money he had about him, and he drew from his pocket two half-crowns and three shillings, and a purse with two shillings was found on him—the two half-crowns and three shillings were what I had marked—the other was not marked—he had left me on the 1st of Feb., but offered to assist me when I wanted him, and I availed myself of his services—'here b the half-crown and shilling which I gave to Mr. fiagster, and I gave some other marked money to Mrs. Crapp, who is not here.
WILLIAM BAGSTER . I live in Theobald's-road. Mr. Goddard gave me a shilling and a half-crown—I went and bought some things of the prisoner—I gave him a marked half-crown and a shilling—he put it into the till.
Prisoners Defence. I changed a half-sovereign out of the till; the silver I had on me I had on the Wednesday evening.
WILLIAM GODDARD re-examined. He did not tell me so—he said be meant to put the money back again—when he was searched the two ounces of coffee was found on him, in my printed paper—there was no half-sovereign in the till.
GUILTY . Aged 19.— Confined Six Months.
WILLIAM STEWART . I live in Little Trinity-lane, and am a carpenter On the 22nd of Feb., about eight o'clock at night, I was in Fleet-street—I saw the two prisoners following two gentlemen on the right hand side, about half way up Fleet-street—I saw Bourne take a gentleman's coat flap up, put his hand into his pocket, and take a handkerchief half-way out, and leave it—they then ran across to the Temple, where were two more gentlemen—Brown lifted up one gentleman's pocket. and with his right hand took a handkerchief out, and put it into his trowsers—Grimes was behind him, covering him—two officers ran up and took them—I went
after the gentleman—he said he had lost his handkerchief, and he would go to Guidhall the next morning, but he did not—Grimes had tried a good many pockets with the back of his hand as he was going along.
Grimes. Q. How could you see me when you were on the opposite side? A. I did see you—I did not collar you, because I did not see you take anything—I told the first gentleman who had his handkerchief taken half out of his pocket, and he put it in again.
THOMAS BURNS (City police-constable, No. 334.) I and another officer watched the prisoners for half an hour—there were three of them at first, but one left—Grimes felt several pockets—they then crossed over by Messrs. Hoare's, and just before they got to Temple-bar, Bourne followed a gentleman and took his handkerchief—Grimes was close behind Bourne at the time—Bourne put the handkerchief into his pocket—I took him, and said, "I want that handkerchief"—he took it out—Stewart came up, whom I had seen occasionally with my brother officer—he never was with me before.
Grimes. The policeman was in disguise; how could they see across the road with cabs and other things passing? I was going up Fleet-street by myself; there was nobody with me.
GEORGE WARDLE (City police-constable, No. 325.) I was with Burns—I saw the prisoners first in St. Paul's Churchyard—they attempted a gentleman's pocket at the end of Cheapside—we followed them on to Ludgate-hill, where they attempted pockets again, and also in Fleet-street—I do not know how long I have known Stewart—I met him that night promiscuously—he had been in the L division of police, and resigned—after the prisoner had picked the pocket I ran across, and Bourne took the handkerchief out of his pocket, and threw it on the ground.
Bourne. I picked up the handkerchief on the edge of the kerb; the officer said he was coming after me for robbing a handkerchief; I thought it was his, and I threw it down.
EDWARD DUDLEY (City police-constable, No. 148.) I produce a certificate of Grimes's conviction, which I got from Mr. Clark's office—(read—Convicted on 11th Dec., 1843, and confined three months)—the prisoner is the person.
BOURNE— GUILTY . Aged 17.— Confined Six Months.
GRIMES— GUILTY . Aged 19.— Transported for Ten Years.
GUILTY . Aged 17.— Confined Three Months.
CHARLES WILLIAMS . I live in Edmund-place, Aldersgate-street, and am a medical student. On the 24th of Feb., about two o'clock in the afternoon, I was at Smithfield-bars with Mr. Barnes—I saw the prisoner take a yellow silk handkerchief from his pocket—I tapped the prisoner on the shoulder—he ran away—I followed him—he threw down the handkerchief and was stopped—I never lost sight of him—I am sure he is the person.
Prisoner. Q. Did you see my band in his pocket? A. No.
GUILTY .** Aged 18.— Transported for Ten Years.
NEW COURT.—Wednesday, March 5th, 1845.
Fifth Jury, before Mr. Common Serjeant.
WILLIAM BERRYMAN . I am a house-painter, and live in John-street, Holland-street, Blackfriars. The prisoner was employed by me to repair a house in Abchurch-lane—on the 28th of Feb., between twelve and one o'clock, I searched his tool-bag, and found in it these pieces of lead and this solder—it is Mr. Brewer's property—I marked two pieces of it, and when the prisoner left, at half past five in the evening, he had this lead about his person.
Cross-examined by MR. CLARKSON. Q. Where was the bag? A. In a window-ledge on the first floor.
RICHARD JORDAN (City police-constable No. 412.) I took the prisoner about half past five o'clock—I found some of this lead in his coat-pocket, and some in his trowsers pocket—it was all about his person.
GUILTY. Aged 36.—Recommended to mercy — Confined Three Months.
693. DAVID HENRY DONNEY was indicted for stealing 4 gowns, value 17s.; 5 aprons, 2s. 6d.; 3 shirts, 3s.; 5 handkerchiefs, 5s.; 1 shawl, 5s.; 4 pairs of stockings, 2s.; 4 collars, 1s.; 1 petticoat, 1s.; 4 towels, 1s.; and 1 box, 1s. 6d.; the goods of Mary Beckwith; and that he had been before convicted of felony.
MR. DOANE conducted the Prosecution.
MARY BECKWITH . I am now living in Barrett's-court, Marylebone. I am single. About two months ago, I was in a public-house in Oxford-street with a man and two women—the prisoner came in—he knew the man that was with me, and they began talking—they treated me—I got drunk, and lost my recollection—I found myself, late the same night, at the prisoner's lodging at No. 2, Draper's-place, near Burton-crescent, New-road—I had not agreed to go there, nor was I at all conscious of going with him till I came to my senses in his place—it was dark in the evening when I awoke—I found myself undressed and in bed with him—up to this time I had been in service at a boot and shoe shop in Oxford-street—I had been a modest girl up to that time, and had not been in the habit of going with men—I had a half-holiday that day—in the morning
the prisoner asked me to go and fetch my box, and said he would go with me—he knew before that I was leaving my place, for I had told him—I went to my place in Oxford-street, and he went with me—he carried my box to Draper's-place—I continued living with him better than a fortnight—on a Friday he said he was going to move his things till he got another lodging—he pointed out the house to me where he said he was going—a man named Reevely used to come to see the prisoner, and he helped him to move his things—he removed them on the Friday evening, the Saturday evening, and on Sunday morning—he took my box on Saturday, and there was a bonnet and shawl in it, that I intended to put on—he said on the Sunday morning that he had taken them by mistake, he would fetch them, and return in ten minutes, and take me with him to the place—he went out from half-past seven to eight on the Sunday morning, and was to return in ten minutes; but he did not return—he had shown me the house where he said the things were to be taken to—it is in Church-way, across the New-road—this pink gown is the one I wanted to put on that Sunday, and the one that he would go and fetch—I went out to look for him, and saw him in Church-way, beyond where said he would take the things—I called out after him—he turned round and laughed at me—I went to the house where he said he would take the things, and they knew nothing of him—I afterwards saw him in Oxford-street, and asked him why he ran away—he said he had been looking for me—I said I would give him in charge if he did not give me my things—he said he would not give me my things; and if I gave him in charge he would shoot me—he had a pistol in his hand, and a sword by his side—I asked a policeman to take him—the prisoner said, "If you will let me go I will give you your things"—I said, "I don't wish you to take him," and the policeman walked off—the prisoner then began to threaten me again, and I gave him in charge of another policeman—I afterwards saw my box, when I went with the policeman to Little Exmouth-street—it was not locked when I left it, but there had been a fresh clasp put on since—it was my box—in the same room, in Exmouth-street, I found this pink gown of mine, a silk bag, four caps, and these other things—these are part of my things, but not all—the best are missing—these two gowns, found at the pawnbroker's, are mine, and were in my box when I took it to his room; but I do not know whether they were in it when be took it away—I gave him authority to pawn one shawl; and that I do not charge him with stealing—I never gave him authority to pawn either of these gowns—I told him my father lived at West Ham—he persuaded me to go with him to my father, and to pass him off as my husband—I pretended we were married—I had no idea that he lived in Little Exmouth-street till I went there with the officer—I thought he was going to the lodging in Church-way—I saw him write a letter to my father, which he posted himself—I believe this is the letter—(read)—"Dear Mother and Father,—We have made up our minds to visit you to-morrow, Sunday. Myself, my husband, and his brother will come and see you all, so we drop you a few lines in advance. We remain till death, yrs affectionately, DAVID and MARY DONNET."
COURT. Q. What did you drink in the public-house? A. I recollect drinking gin and cloves, some beer, and some gin—the other man and the prisoner handed me the drink—I think it was gin that the prisoner handed me—I did not notice anything particular in the liquor—I have been in London eight months past, part of the time in Southampton-street, and
then in Oxford-street—my father and mother live at West Ham—my father is a blacksmith and farrier—I will now go to my parents.
Prisoner. Q. Do you know the nature of an oath? A. Yes—I believe the Bible—I never tore up a Bible, that I am aware of—I never told you so—you gave me liquor, and so did Sam Mahew, who was with me first at the public-house—he is a cabman—I knew him by his coming every Sunday morning to take my mistress out in a cab—when I found myself in bed with you there was no one else in the room—Reevely used to come and see us very often, and stop very late—he was the peron who assisted to carry off the things—I never gave the gown to him, nor to any one to pawn.
Prisoner. I and Reevely took her home together; the other man said he would take her to the theatre; I bad no money; after she had been there a few days Reevely brought his furniture and lived with us; on account of her conduct the landlord gave me warning to leave; she gave Reevely the box to carry; it was not me that took the things; he had as much to do with her as I had.
Witness. It was on account of his shooting out of the window that the landlord gave him warning to leave—he had the care of my things—Reevely had nothing to do with them.
WILLIAM SMALLSHAW . I am in the service of Mr. Attenborough, pawnbroker, Compton-street. These two gowns were pawned on the 27th of Jan. for 3s., I believe by the prisoner, but I cannot swear positively—this is the duplicate I gave for them.
SARAH RAMSDEN . I am the wife of William Ramsden, of Little Exmouth-street. I had an empty room, which I let last Friday three weeks to the prisoner and his brother for 2s. a week—they both said they were single—they brought two boxes the same evening—next morning they brought other boxes and property—this is one of the boxes they brought—they did not sleep in the house till the Sunday night—the prisoner continued there till the Friday week, when he was taken—his brother has not been there since Sunday—they left their room door locked—I saw the policeman go into that room on the Monday following, and find this box in it, and this other property—this pink gown was there—the room was quite empty before they came.
Prisoner. Q. Was it me or the other that took the room? A. You were both together—your brother paid me one week's rent, which is all I have received.
THOMAS HINDS (police-constable E 83.) I took the prisoner at Mrs. Ramsden's lodging, and found this box under his bed—there was nothing in it but a bit of carpet—I found this other property in his boxes—the prosecutrix told him, before my face, that he had taken her things—he said he had sent his brother for the box, and be would bring it down—I did not know at that time where to find these boxes—he said they were at his mother's.
Prisoner. Q. Do you recollect my saying that the young man was gone for the box? A. You said you had sent for it, that it was at your mother's, in Great James-street, Lisson-grove—you sent a letter to a person there, but no box came—I found 103 duplicates in your boxes in Exmouth-street—one of them applies to these two gowns—I found these three swords at his lodging—we could not find the pistol.
at No. 2, Church-way—the prisoner is a married man—became to lodge with us in July, and his wife came afterwards—they left in the summer months—he has not brought any boxes, or anything there since, nor asked leave to bring any.
Prisoner. I positively deny the charge.
JOHN SIMS HANCOCK (police-sergeant E 12.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted on the 8th of May, 1843, and confined three months)—the prisoner is the person.
694. DAVID DONNEY was again indicted for stealing 3 shirts, value 6s.; 2 petticoats, 3s.; 3 pairs of stockings, 2s.; 2 towels, 1s.; 1 sheet, 2s.; 1 shift, 2s.; 1 table-cover, 6d.; and 1 apron, 6d.; the goods of James Britt: 5 pairs of stockings, 3s., the goods of Catherine Fair: and 2 towels, 2s., the goods of Ann Fair; and that he had been before convicted of felony.
MARY ANN BRITT . I am the wife of James Britt. We did live at No. 45, Crescent-street, Euston-square. The prisoner was lodging there at the time—on the 4th of Jan., while I was living there, and the prisoner also, I missed some shirts and other things—some of them have been found—the prisoner is married.
Prisoner. Q. Were there not other people in the house? A. Yes.
THOMAS HINDS (police-constable E 83.) I produce a duplicate of these things, which I found at the prisoner's lodging, and on the Monday evening I found these other things—I found 103 duplicates at his place.
CATHERINE FAIR . I lodged at No. 45, Crescent-street. I missed five pairs of stockings and two towels, of my mother's—her name is Ann Fair, a pair of stockings of my own were found at the prisoner's lodging—these are part of them.
Prisoner. Q. Did not a young man come with me? A. Yes—I did not suspect you at the time.
WILLIAM THOMAS WHEELER re-examined. I produce one pair of stockings which were pawned—they are in the same duplicate—I believe the prisoner pawned them—it was a very cold morning, and he appeared in much distress, so I was induced to take them in.
Prisoner. I deny these things; Reevely used to come to me in the house; he has absconded; the police cannot find him; he has been in the habit of pawning at that shop, I know.
GUILTY . Aged 15.— Transported for Fifteen Years.
drawing my truck in Basinghall-street, with three boxes of tobacco, and one of snuff, in it, which were my master's—I felt a jerk at the truck—I turned, and saw the prisoner with the box of snuff in his arms, which had been on my truck—I collared him—he said he had taken it from a little boy who had taken it from the truck—there was nobody passing at the time—he was close alongside of my truck—I gave him into custody.
Prisoner. I said, "Here is your property, which a boy took from the truck; "there was a chaise-cart going along; I asked you to run after it, and ask who took it.
Witness. You asked me to run, but I was not going to lose you after I collared you; you put it down after I had got hold of you.
WILLIAM HOWARD . I am clerk to Mr. Robert Smith, and others. About a quarter past six o'clock that evening, I was coming up Basinghall-street—I saw our porter collar the prisoner—I ran up, and saw the prisoner make a movement to return the property—I did not see any boy there—the prisoner said, "If you run down there, you will see a little boy running"—I said, "I am afraid not, I came that way, and I saw not a soul."
SAMUEL LYNN re-examined. Q. How long was it after you felt the jerk at the truck, that you saw the box in the prisoner's hand? A. Instantly—there was not time for a little boy to take it, and for him to take it from him—this is the box—it is 221bs. weight.
ARTHUR THOMAS KILBY (City police-constable, No. 210.) I produce certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read, Convicted 21th Nov., 1843, and confined one year)—the prisoner is the person.
GUILTY . Aged 20.— Transported for Seven Years.
MR. CLARKSON declined the prosecution.
NOT GUILTY .
GUILTY . Aged 15.— Confined Four Months.
GUILTY . Aged 19.— Confined Four Months.
Prisoner's Defence. I bought it for 1l. 2s.
GUILTY .* Aged 21.— Confined One Year.
Prisoner. Q. Did you lend it to me? A. As long as you worked for me—I gave you no authority to take it away, or to pawn it—on the Saturday night, in consequence of missing this stick and another, I paid you a trifle short of your wages—you replied you would bring me another stick, and I said when you brought me my stick I would pay you the difference—on the Saturday night before, I had paid you for more than you bad done; and I consider, if the book was balanced up, you are now in my debt—I gave you an excellent character three or four weeks before this.
Prisoner's Defence. I have been at work for the prosecutor four months; a week before this I was at work almost night and day, and earned about 30s.; he gave me 15s.; I maintained myself up to Friday, and on Friday I asked him and his wife to let me have 1s.; they refused, and I pledged the stick and made use of the money; does it appear feasible I should pawn it for 1s., within four doors of his premises, if I had not intended to get it again when I got my wages.
NOT GUILTY .
NEW COURT.—Thursday, March 6th, 1845.
Sixth Jury, before Edward Bullock, Esq.
701. MARY DAVIS was indicted for stealing 1 handkerchief value 2s., the goods of Ann Oakley; 1 pair of sugar-tongs, value 12s.; 1 handkerchief, 3s.; 1 pair of tweezers, 3d.; and 1 penknife, 3d.; the goods of William Rabbage, her master; to which she pleaded
GUILTY . Aged 14.— Confined Three Months.
GUILTY . Aged 18.— Confined Six Months.
703. JOHN MCGEE was indicted for embezzling 4s. 8 1/4d., which he bad received for William Hill, his master: also for stealing 2 planes, value 5s.; the goods of William Rourke; to both which he pleaded
GUILTY . Aged 19.— Confined Six Months.
JAMES WHEATLY . I live with my son, James Wheatly, a butcher fn Crown-street, Bloorasbury. On Saturday, the 8th of Feb., about eleven o'clock, I was in his shop—I saw the prisoner pass outside the window,
and take a breast of mutton—he was in company with another perm—I ran out, and saw the prisoner—I took him about 100 yards off—he threw down the mutton, struck me violently, knocked one of my teeth out, and loosened four others—it was my son's mutton.
Cross-examined by MR. ROBINSON. Q. Have you any interest in the business? A. No—there were not a great many persons passing—this is not in the Rookery—he did not run till I got near him, and called, "Stop thief"—he then set off running, and threw the mutton down—I did not take it up—he struggled and got away—he cut my lip very badly—I lost sight of him—he got into a passage—my son ran round, and ran him into the Rookery—he ran into the arms of a policeman—I wear positively he took the mutton and dropped it.
FRANCIS MOERIS (police-constable E 78.) I was in the Rookery—I heard a cry of "Stop, thief"—I saw the prisoner coming through the posts, and when he got through, he ran—I stopped him, and asked what he ran for—lie said, "What do you stop me for?"—I said, "Let us hear what these people are crying stop thief for."
Cross-examined. Q. Did you see any mutton on him? A. No—at soon as he said, "What do you take me for?" the prosecutor and some other persons came to the posts and said, "That is right, take him."
WILLIAM WEST (police-constable F 106.) I produce a certificate of the prisoner's former conviction from Mr. Clark's office—(read—Convicted the 14th of June, 1839, and transported for ten years)—how he got off that I do not know, but he had three months, and he was tried again in the Old Court in May, 1843, and had twelve months.
GUILTY . Aged 21.— Transported for Seven Years.
MR. PAYNE conducted the Prosection.
JOHN HOGAN (police-constable T 25.) In consequence of information I was watching at Grove-lane station, Kensington about six o'clock in the morning of the 4th of Feb. I was at the first-floor landing window, which prevented persons in the yard from seeing me—I saw Mott open a gate which leads into the station-house yard—he was a police-constable, and had charge of the inspector's horse—Jackson keeps a chandler's-shop and a beer-shop—he is a gardener, and used to come once a week to the station to take away the dung—when Mott had opened the gate Jackson led in a horse and cart and backed round to where there was some dung—I then saw Mott go to the door of the station, go in, and come out with a sack on his shoulder, which I afterwards found contained three bushels of oats—he placed it on the cart, and both he and Jackson gave it a shove towards the front of the cart—Jackson then commenced putting dung into the cart, which completely covered the sack—they then stayed in the yard ten or fifteen minutes, and both went away together, Jackson leading the horse and Mott walking by the side—followed them to the Hand and Flower, at the corner of Grove-lane—they went in there and came out in about ten minutes—I then said to Mott,. while Jackson was within a few yards of him, that there was something in that cart which ought not to be there—he said, yes, there were a few
oats, which he had given Jackson in exchange for some brana—I then said, "I shall go to the station with the case, where you had best come and state what you have to say about it"—Jackson went off with the horse and cart while I was speaking to Mott—I followed Jackson and said, "I want to see about this corn which you have got in your cart"—he said, "What corn?"—I said, "We must go to the station"—he walked there with me and the cart—I mentioned it in Jackson's presence to the acting inspector, and Jackson said, "I hope you will do nothing is it, it will ruin me and my wife, and break up my home"—he said, "I thought I was doing no harm in giving bran to Mott for some musty oats which he said he had"—as far as I can judge, he had had no opportunity of seeing the contents of the sack at that time—I had not seen it at that time—the sack was brought in out of the cart, and left in the charge-room at the station—it was tied up—while Jackson was at the station Mott came—I examined the contents of the sack about one o'clock the same day—as far as I could judge, it was in the same state as when I left it—I untied it, opened it, and found it contained about three bushels of very good oats, worth about 9s.
Cross-examined by MR. BALLANTINE. Q. Do you know where Jackson had to carry this dung? A. I believe to his home—there is a turnpike between the station and his home—dung pays no toll.
Cross-examined by MR. PARRY. Q. Do the windows of the station face this yard? A. Yes—I was concealed at the window, to watch them—Mott bad a candle.
JAMES THOMAS COOPER (police-constable T 125.) I was with Hogan, and saw the cart driven by Jackson in the yard about six o'clock, and backed round to where the dung was lying—Mott went to the station-house and brought out a sack on his back which was heavy—he put it into the tail of the cart, and I heard it pushed along the cart—the tail-board was then put up by Mott, and Jackson began to put up the dung—they went away with the cart.
Cross-examined by MR. PARRY. Q. Was Jackson in the habit of coming early in the morning to take the dung? A. I had seen him several times as early as that, and earlier.
THOMAS BAYLEY SMITH ( police-inspector.) About seven o'clock in the morning on the 4th of Feb. I saw a cart at the station—Hogan lifted up some dung in the cart—I then saw a sack containing something—it was taken into the charge-room—I had occasion to go to Hammersmith, and when I came back, in about an hour and a half, I examined the sack—it appeared to me in the same place as when I left it—Mott had the care of my horse, which had been very ill—he was very fond of the horse, and very attentive to it till it was sent away to Westminster—there was corn at the station for my horse, which was the property of the receiver for the metropolitan force, John Wray.
Cross-examined by MR. BALLANTINE. Q. How long has Mott been is the force? A. About eight years—he had a good character—a man came to see my horse, I do not know whether he was a veterinary surgeon—I believe he ordered wet bran for the horse, and I saw them at one time sewing something round his neck which I have no doubt was to be filled with bran—we can get bran by applying for it, but it is not ordinarily supplied—I believe this bran was used for the horse—the corn ought not to have been given for it—I was not applied to and did not sanction it—there has been no charge made against the receiver for the bran—I cannot say whether
Mott would have had to pay for bran if he had got it, but I found about a bushel and a peck of bran in a bran sack in the room—the bran sacks contain five bushels, worth about 1s. a bushel—a couple of sacks of bran might have been about the same value as the oats—I cannot exactly tell the price—Mott looked after my horse five years, and treated it with unusual kindness.
MR. PAYNE. Q. When did your horse leave to go to Westminster? A. Mott took it the day before this happened—I desired the stable to be whitewashed and Mott stopped at home to do it.
WILLIAM INNERSWORTH . I am servant to Mr. Granger, a corn-dealer, at New Brentford. He supplied the police-station with corn—on the 3rd of Feb. I delivered some oats at the station—they were not musty but good—this sack is my master's.
NOT GUILTY .
CHARLES KETTLE . I am a bookseller. On Friday evening, 14th Feb., about half-past eight o'clock, the prisoner came to my shop to sell these four books, which he had wrapped in this paper—I looked at them and said, "How did you get these books?"—he said they belonged to a foreigner, a man of title, but who was very poor, and he was selling them for him—I said, "Don't you live with a bookseller?"—he said, "Why do you askme that question?"—I said, "Never mind,"—he said he was an artist, and lived at No. 23, Newman-street, Oxford-street, and the person the books belonged to lived in the same house—I said he had better write down the person's address and his own—he got very irritable and said, "If you don't like to buy them plenty will"—I said, "No"—he took them away—I pot on my hat and followed him on to the new street at St. Giles's—he saw me and quickened his pace till he got to Hanway-yard—he then set off running—I cried, "Stop, stop," and the more I cried the faster he ran—when I got to Tottenham-court-road a boy followed him, and we took him in a cow-shed—when we got him to Meux's brewhouse he struck the policeman and got away again—I searched the place where we took him, and these books were found there, secreted under the top white coat which he had had on and had taken off there—I had bought books of him before.
EDWARD TANNER (police-constable, E 56.) I accompanied Mr. Kettle to Tudor-place, Tottenham-court-road, and found the prisoner—I asked him where the white coat was which he had on when he ran up the road—he said, "What white coat?"—I found it, and these books under it.
HENRY GEORGE BOHN . I am a bookseller, and live in York-street, Covent-garden. The prisoner has been in my service about eight month as assistant in my shop and warehouse—on the 14th of Feb. he left my premises about two o'clock—I can identify these books—they have my private mark in them—it is partly erased, but it can be seen.
GUILTY . Aged 26.— Confined Four Months.
MR. BODKIN conducted the Prosecution.
apprenticed to Mr. Pelton, the prosecutor, for two years—I was three weeks in confinement in Tothill-fields, and have since that been at liberty on my uncle's bail to appear here as a witness—the prisoner was in my master's employ as journeyman, and left, I think, nearly nine months ago—Mr. Pelton is agent for a brass foundry in the west of England, and keeps a large place of business where brass articles are sold, in West-street, Soho-square—I remember taking six brass cocks from my master's property about the 8th of Nov.—I had had some conversation with the prisoner about these cocks before I stole them from my master—the prisoner said he was in want of some of those cocks for one of his particular customers—I was to let him have six, and he knew where to sell them—he did not mention to whom they were to be sold or given—(I was in the habit of meeting him occasionally)—I said I would get them, and in about a quarter of an hour after this conversation I took the cocks from my master's premises—I went in for the purpose of getting them, and it was arranged that he should wait outside—I was gone five or ten minutes—when I came out he had shifted a little further down, but he was within sight—I gave him the cocks, and went with him to Mr. Baker, who keeps a coal-shed in a turning out of Clare-market, but I believe he is a plumber by trade—I waited outside while the prisoner went in—he was in a quarter of an hour, or twenty minutes—when be came out I went with him into the public-house next door to Baker's—he told me Mr. Baker had bought the cocks, and gave me 5s. or 6s.—he said Mr. Baker was not in want of them, or he would have given more—I had some beer—while we were there Baker and his wife came in—I do not know who paid for the beer—the prisoner left me, and went to another part of the bar—we staid there twenty minutes, or a quarter of an hour—Mr. Baker and his wife staid the best part of the time—I think we all left together.
Cross-examined by MR. PAYNE. Q. Did you sell any cocks to Baker yourself afterwards? A. Yes, I stole six, and sold them to him three days afterwards for 12s.—I sold fourteen cocks for 18s. to Mr. Smith in East-road, City-road, about the 24th of Nov., twelve or thirteen days after I sold those to Mr. Baker—I did not sell any to anybody else—my master accused me of having robbed him for some time when he gave me into custody—it was not till after I was in custody that I made any statement about the prisoner—I could not do it before—I was three weeks in Tothill-fields—when Mr. and Mrs. Baker came to the public-house they called for some porter, but they went to a different part—while Mr. Baker was drinking I heard something, and the prisoner told me afterwards that Mrs. Baker knocked the pot out of her husband's hand—I heard the pot fall—they were at my back—I was drinking some beer.
MR. BODKIN. Q. When did you first begin to steal your master's property? A. About July or Aug.—I knew the prisoner at the time, and be induced me to do it—I was in the habit of seeing him at the time, and it was through him I did it—he did not go with me when I took the six cocks the second time to Mr. Baker—I took them because the prisoner told me that Mr. Baker had given him an order for six—he was too busy to take them down, and I was to take them, and take the money to him—I was paid 12s. for them, and took 6s. to the prisoner—I had not seen Mr. Baker at all between the time of being in the public-house and my taking the six cocks.
plumber. I have known the prisoner about twelve months—I think I first saw Dodd about the beginning of Nov.—I remember when I and my wife went to the public-house the prisoner and Dodd were there—on that day six cocks were brought to my house by the prisoner—I gave him 10s. or 12s., for them—after I had paid him I went to the public-house next door—he and Dodd were there—my wife came after me to fetch me out—I do not recollect that I had seen Dodd before then—some beer was called for, but I did not drink any—I was about drinking, when my wife hit the pot, and it fell to the ground—I ordered some more cocks of tie prisoner, and received them three days afterwards, from Dodd—I paid Dodd 12s. for them—I had not seen Dodd at all between the time he with the public-house and when he brought me the second six cocks, three and after—he would have had no means of knowing that I had ordered u more cocks except through the prisoner.
Cross-examined. Q. What is your shop? A. A plumber's shop on one side, and a coal-shed on the other—there is no old iron—there an cocks in a glass case—ray wife knocked the beer out of my hand, as I was rather half and half, and she would not let me have any more.
SARAH BAKER . I am the wife of George Baker—I remember the prisoner coming about these cocks on the 8th of Nov.—my husband went to the public-house next door after he purchased them—I followed him in about three minutes—I saw Dodd there—I did not want my husband to have any more drink, and I knocked the pot out of his hand while Dodd was there—I staid there about two minutes—my husband ordered half-a-dozen more cocks, and Dodd brought them afterwards.
Cross-examined. Q. Your husband was a little the worse for what he had taken? A. Yes.
JAMES PELTON . I am agent to a Brass Founder's Company, in Bristol—I have a warehouse in West-street, Soho, where I keep a large stock of brass goods in general—Dodd has been my apprentice about two years—during that time the prisoner had been my journeyman—he left me about a year ago—I have since seen him repeatedly outside my premises—for some reasons I have lately directed my attention to the conduct of Dodd; and in consequence of what reached me I had him taken into custody on the 7th of Dec, and accused him of having robbed me—he immediately admitted it—I told him I believed Brewer was at the bottom of it, and if he would tell the whole truth I would deal leniently with him—he was taken before the Magistrate, who admitted him as a witness, and in consequence of what he said, an officer went with me to apprehend the prisoner—the prisoner was afterwards taken into custody—these six cocks are part of my stock—I have missed articles of this sort.
Cross-examined. Q. What do you know them by? A. They have a private mark on them, and the initials I. W. F. are on most of them—the prisoner has done work for me since he left; but he has never made a cock for me—he has no shop—he is a cock-maker—a cock-maker—a cock-maker cannot generally do screws.
MR. PAYNE to GEORGE BAKER. Q. What did Dodd say when he brought the second half-dozen of cocks? A. He told me he had brought the cocks I ordered of Brewer—I said, "You are in a great hurry; the agreement was for him to take old metal, and I have not time to look it up now—if you like to leave the cocks you may"—I went in doors, and he sent a boy to say that Brewer was hard up, and if I would pay him I
should take them for 6d. a piece less—I asked him if he hada bill—he said, "No"—I gave him a bit of paper, and he made out a bill, and I paid him—my bargain with the prisoner was that he should take old metal and allow me 5d. a pound for it—I was to have the cocks at half-a-crown a piece—I considered Dodd was in the employ of the prisoner.
MR. PAYNE to JOHN DODD. Q. What is your father? A. A brass finisher—I did not tell the prisoner a short time before I went with him to Mr. Baker, that my father had half a dozen five-eighth cocks for sale, that he had made them and taken them home, but the party would not have them, that they were returned upon his hands; and my father had sent me to him to tee if he could find a purchaser—there was nothing of the kind—I wrote a letter to Mr. Tickle, under the prisoner's direction—I think the cocks I told to Mr. Smith for 18s. were worth about 30s.—he did not ask how I could sell them so cheap—he did not ask me anything—I did not tell him then that my father had dissolved partnership, and therefore he could afford to sell them so cheap—I told him so at another time; but it was not true.
HENRY SHEPHERD (police-constable C 138.) By directions of the proseutor I watched Dodd from his place at the latter end of Nov.—I did not take Dodd into custody—I took the prisoner into custody on the 7th of Dec., after Dodd had been before the Magistrate—I did not find the prisoner at his house, No. 3, Grotto-passage—I went there, and saw his wife, as I understood, but it was said he was not at home—I hung about the place, and looked about the neighbourhood for nearly three hours—some intimation was then given to me which led me to a back-place behind the prisoner's house, where I found him concealed in a bed, and the bedstead turned up over him—I pulled him out, and told him there was a charge of felony against him for stealing a quantity of metal cocks of Mr. Pelton—he said he did not know it was for that, he thought it was for debt, and that the bailiffs were after him, or he would not have concealed himself—he said he knew nothing at all about the cocks—he was taken before the Magistrate that afternoon—Dodd had been examined that morning—the Magistrate allowed the prisoner to go on his own recognizance till the following Thursday—I was there on that Thursday, and saw the prisoner there, bat when he was called for he was gone—between the first appearance before the Magistrate and the second I had found Mr. Baker—he was in attendance, and the prisoner had an opportunity of seeing him.
JAMES GANGE . I an✗ a police-officer of Taunton. I took the prisoner at Hill-Abbots, in Somersetshire, on the 3rd of Feb.—I told him it was for absconding from his bail—he said he should not have done it had he not been persuaded—I brought him to London, and he was committed for trial.
Cross-examined. Q. Did he not say he was sorry for it? A. I think he did.
(Samuel Bassett, a smith; and Charles John Brooks, a beer retailer; gave the prisoner a good character.)
GUILTY . Aged 23.— Transported for Seven Years.
(There were three other indictments against the prisoner.)
708. ELIZA PEACH, alias Frazer , was indicted for stealing, on the 30th of Jan., in the dwelling-house of Henry Shakespeare, her master, at St. Luke, 1 shawl, value 4s.; 1 blanket, 1s.; 3 sovereigns, 36 groats, and 15l. note his property: also, I watch, value 2s.; 1 watch-ribbon, 1d.; and 1 watch-key, 1d.; the goods of John Allen: and 1 shawl, value 15s. and 1 bonnet, 15s., the goods of Elizabeth Wiles; to both which she pleaded
GUILTY . Aged 26.— Transported for Ten Years.
ARCHIBALD BLACK . I am a merchant, and live in Queen-street, Mayfair. About one o'clock in the morning, on the 1st of March, I was in St. James-street, returning home—the prisoner took hold of my arm, and asked me to go with her, which I refused—she came with me as far as the corner of Bury-street—I told her she need not go any further, as I was going home—I felt in my trowsers' pocket, and my purse was gone—it had been there a few minutes before—I had only parted with a friend two minutes before—I caught hold of the prisoner's wrist—I told her I had lost my purse, and she must have it—I never let her go, but called, "police!"—two or three women came up, and two men came—one of them tried to take her from me, but I kept her, and gave her in charge—this is my purse—it had four sovereigns in it.
Cross-examined by MR. PAYNE. Q. Had you been dining out? A. Yes—I was not under the influence of wine, but could perfectly take care of myself—I am perfectly sure I did not give the prisoner my purse—I did not walk more than fifty or sixty yards with her—she endeavoured to put her hand about me—I was not consenting to it—my purse was in my left trowser's pocket—we were standing at the corner of Bury-street—I did not feel her take my purse—she could not move from the spot; I had hold of her—there was nothing in the pocket but my purse.
BRIDGETT CONNELL . I searched the prisoner at the station—she told me she had nothing of the kind about her, and I need not undress her—I said I could not help it—I found this purse and four sovereigns on her.
GUILTY. Aged 29.—Recommended to mercy by the Jury. — Confined Three Months.
GUILTY . Aged 19.— Confined Three Months.
711. EDWARD BRIGHT was indicted for embezzling 6s. 5d., the monies of James Field, his master: also stealing 161bs. weight of beef, value 9s. 7d. the goods of James Field, his master: to both which he pleaded
GUILTY . Aged 34.— Confined Six Months.
Feb. I was on duty in the Strand, a few minutes before five o'clock, and saw the two prisoners walking together from Temple-bar—I saw them go to the prosecutor's shop window, at the corner of Surrey-street—they looked in at the window, and Wallace walked towards the door—Morgan followed him nearly close—I saw Wallace take something from the side of the door, which he handed to Morgan, who crossed the Strand, and went back towards Temple-bar—I followed him—Wallace turned down Surrey-street, and I lost sight of him—Morgan took this handkerchief and wrapped round the bundle which he had, and put it under his left arm—I stopped him, and asked what he had got—he said some tongues—I found he had these tongues.
Cross-examined by MR. WILDE. Q. Was it a dark afternoon? A. No, it was rather light—it was frosty weather—I saw them before they got to the shop window, and I had seen them the day before in the Strand—I have known Wallace for years
ROBERT BENTLEY . I am shopman to John Clarkson and another, who keep an Italian warehouse in the Strand—I missed these tongues on' the 7th of Feb., between four and five o'clock—I had seen them safe on the top of twelve dozen other tongues an hour or two before—they are like what I missed.
Morgan. I saw these articles in Surrey-street; I picked them up, looked at them, and crossed the Strand, and walked to St. Clement's church; the officer came, and said, "What have you got?" I said, "Some tongues;" he took me.
CHARLES HENRY BAGNELL (police-constable F 31.) I produce a certificate of Wallace's former conviction, which I got at Mr. Clark's office—(read—Convicted 1st February, 1841, and confined Six Months)—he is the person.
WALLACE— GUILTY . Aged 26.— Confined Twelve Months
MORGAN— GUILTY . Aged 21.— Confined Four Months.
DOUGLAS COCKER . I live in the Quadrant, and deal in china—the prisoner was in my employ for about six weeks—it was his duty to take out goods sold, and to take the money, and bring it to me—he left me on the 16th of Jan.—I had sent him that day to Mr. Taylor, No. 22, Parliament-street, with a bill—he came back, and I asked if he had received the money—he said no, he had not seen Mr. Taylor, but Mr. Taylor would call the early part of next week and settle with me—this is the bill, it is 3l. 13s.
Cross-examined by MR. BALLANTINE. Q. Was this the first thing he received? A. No, he had received other sums—I went to his parents the day he left, to ask if they had seen him—that was all I went for—some of his friends have called several times at my shop—they were not to pay me any money—there was an offer made by them to that effect—I said if the boy was not to be found I must give information to the police—I did not say if the matter was not settled by one o'clock I would put it into my lawyer's hands—I saw the prisoner again at Marlborough-street.
JOHN EDGARD . I live in Parliament-street, and am clerk to Mr. Taylor. On the 16th of Jan. the prisoner came with this bill from Mr. Cocker, receipted—I paid it him, and saw him put his name," Henry Jones," to it.
coming home from where he had been lodging at a coffee-shop, on the 6th of Feb.—I asked if his name was Henry Jones—he said it was not, but gave me his name—I asked if he had lived with Mr. Cocker, in the Quadrant—he said he had—I told him I took him for receiving 3l. 13s. Mr. Taylor's, and not accounting for it—he said he had received it, bat lost it in the park—on the way to the station he made use of some words about being robbed of it.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Two Months.
THOMAS CONWAY . I am a shoemaker, and live in Queen's-road, Bays-water. I employed the prisoner, in Nov. last, to make some boots with cork soles—I gave him the leather to make them, and 5d. to purchase the cork to put in them—he did not put the cork in—when he brought the boots home I gave him 6s. for making them, which was 1s. extra—he said he had been always used to have 1s. 6d. extra for cork soles, and I gave the other 6d.—I gave the boots to the gentleman they were for—he wore them, and his feet got wet—he ripped them to pieces, and said he would not pay me, as it was an imposition—there was no cork in them.
Prisoner. Q. Are you positive you gave me 5d. to buy cork? A. Yes, quite positive—I told you to make them with cork soles—they are now worn out.
COURT. Q. Are you able to swear that these are the same boots? A. Yes—the gentleman had them two months before he sent them back.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Friday, March 7th, 1845.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 21.— Confined Four Months.
MR. CLARKSON conducted the Prosecution.
About nine o'clock in the morning, on the 20th of Feb., I was in his stable—the prisoner had the care of a loose stall and locker of my master's—I found in that locker two bladders of lard—it has no lock to it—about ten o'clock that morning I saw the prisoner come from the stable into the mess-room, where there are some cornbins, (one of which the prisoner had charge of, and kept the key of the padloek) with a peck measure with corn in it—it was large enough to contain a bladder of lard, which might be covered with corn—it appeared full—he went three times from the stable to the mess-room, on each occasion with the peck measure apparently full of corn—I do not know whether there was com in his bin in the mess-room—about half an hour after I went to the locker under the manger, and the two bladders of lard were gone—next morning, a tittle after seven o'clock, I was in the mess-room with Gilbert—we had a candle, and looked into the bin of which the prisoner kept the key—we saw a bladder of lard, partly covered over with corn—there was another bin in the mess-room for the carmen, which is divided into three partitions, but the prisoner's bin was by Itself—in the course of that morning I saw the prisoner go from the mess-room to the stable with this measure full of corn apparently—he had but one horse to feed at that time—it was not necessary to take a peck for one horse—in the evening we looked again into the prisoner's bin, and could not perceive the lard—we searched the hayloft over the stable, to Which you have to go by a ladder, and found two bladders of lard in a hand-bag, under some hay, between a truss of hay and a truss of straw; on the fighthand side in going up—Mr. Binns, Brazier, and Gilbert, were with me—we took the bladders out of the bag, cut an incision in them, attd put a piece of straw into them, put them back into the bag, and left it in the same place—on the Saturday evening, about nine o'clock, we went agaift into the loft—the lard was then gone from where we had seen it, and we found it out of the bag, in a hole on the left-hand side, in the loft, and some hay placed over it.
Cross-examined by MR. PARRY. Q. What are you? A. A porter—it was not the prisoner's duty to attend to the heavy horses in the stable—there are but three nag horses kept, and two of them were out—he had only one to attend to—anybody could get to the stable as well as him—there are twelve persons employed—he had to clean the counting-house, and to attend the nag horses—each of the bins in the mess-room is locked—one key does not open them all—the prisoner's bin was about three parts full of corn—I do not know what quantity he generally keeps there—the corn is supplied from the store-room above, by means of a funnel, which lets it down into the measure—it rushes down sometimes in a larger quantity than is wanted by the person who takes it—I did not see any bladder of lard in the peck measure which the prisoner carried—I think he has occasionally given corn out of his own bin to other carmen, and they have returned the compliment—we could lift the lid of the bin high enough to look in—I do not mean to swear that the lard was gone the second time we looked, hut 1 could not see it—the stall under which I found the two bladders was one which had not been used for some time, but it was in use then.
MR. CLARKSON. Q. Did you communicate this to your master? A. I did to one of my fellow-servants, who told my master—I could put my band into the aperture of the bin when we raised the lid, and the first time "looked I saw the lard—I examined the second time as far as we could see
with a candle—the bin appeared to be about three parts full of corn—I should say there could have been no necessity for the prisoner to carry corn to the bin.
COURT. Q. Where did this funnel come down from the loft? A. into the stable—I do not know much about the management of a stable.
WILLIAM GILBERT . I am porter to Mr. Lillwall—it is a provision warehouse on a very large scale—there is lard kept in the warehouse amongst other things—on the 20th of Feb. I saw the prisoner come from the warehouse about nine o'clock in the morning—he went in a direction towards the stable, but I did not see him go in—next morning, about seven, I went with Blenkard into the mess-room and looked into the corn-bin kept by the prisoner—I saw a bladder of lard partly concealed by the corn—I looked again in the evening, and could not perceive the bladder—we went to the loft and found two bladders of lard in a hand-bag—on the Saturday morning, about seven, I saw the prisoner go into the stable—that would be in the way to go to the loft—he was afterwards sent out—I went into the loft again on Saturday evening, and found the lard, not where I had seen it before, but in the opposite corner, concealed in a kind of shoot and covered with hay—on the Sunday morning I went to the premises about five, and after six I went with the policeman to the loft—I there saw the lard, to all appearance, in the same place where I left it on the Saturday evening.
Cross-examined. Q. It was dark, I suppose, each time that you looked into the bin? A. We had a candle in the morning and in the evening—the prisoner was in the habit of hanging bis jacket up in the stable with the key of his bin in it—he was sent into the warehouse with messages backward and forward.
ROBERT BRAZIER . On that Saturday morning I saw the prisoner in the stable, and in the course of the morning I saw him in the warehouse—I saw him in the loft over the stable, and saw the bladder of lard in the bin.
GEORGE BINNS . I am cashier to Mr. Lillwall, and have an apartment on his premises, at No. 42, Lime-street. I sent the prisoner into the Borough on that Saturday, and on the same night I went with the other witnesses to the loft, and found two bladders of lard in the left hand back corner of the loft—they had been marked—I had seen them on the Friday evening in another part of the loft—I looked into the prisoner's bin on the Friday evening, but I could not discover the lard—the bin was nearly three parts full of corn—we could see about half-way over it—I desired a policeman should be sent for—I have the padlocks and the keys of the prisoner's bin, and the bins of the three carmen—this key of the prisoners will not unlock the other men's padlocks, nor will their keys unlock his.
Cross-examined. Q. Was he in the habit of cleaning out the counting-house? A. Yes—I remember once leaving cash out in the inner counting-house, I dare say, to the amount of 50l., and the prisoner mentioned the circumstance—I found it all correct—I should have known if there hid been a penny of it gone—I think that has been the case on two occasions—he saw the money on each occasion.
JOHN DAVIS (City police-constable, No. 551.) On Sunday morning, the 22nd of Feb., I went, about six o'clock, into the loft over the prosecutor's stable, and secreted myself under some hay—when I had been there about an hour and three quarters, the prisoner came up a sort of ladder,
into the loft—he went directly up to the place where the lard was—he then came back, and opened a pair of folding-doors to let in more light, looked very cautiously round him, then came and put his hand on some hay within a foot of where I was, but there was a bag over my head, and he could not perceive me—he went back, shut the folding-doors, and returned to the place where the lard was, and he must have stooped down, as he was out of my sight—I had seen him upright before—he then went down the trap-door, towards the stable—I followed, and saw him lighting a fire—I went and told Mr. Binns, and then took the prisoner into custody—I examined the place where the lard bad been deposited before I went down—I can swear he had been there twice, and the hay that covered the lard had been disturbed, but the lard was not taken away—it was underneath the floor of the loft, about three or four feet deep.
Cross-examined. Q. It must have been rather dark for him to open the doors? A. No, it was light enough for what he had to do—I examined the loft on the Saturday night—there are two openings in the loft, for the purpose of putting the corn down—when I first came down I saw another man, one of the carmen, and I accused him at first as the man I had seen in the loft.
MR. CLARKSON. Q. When the prisoner came in, before he opened the doors, he went directly to the place where the lard was covered over? A. Yes—the lard was not in one of those places through which the horses are supplied with hay—there was a bottom to the place where the lard was—these are the two bladders of lard.
Cross-examined. Q. Can you swear this is Mr. Lillwall's lard? A. All cheesemongery goods on those premises are his property—this has a straw inserted in the incision, with a knot to it.
Cross-examined. Q. You could not take on yourself to say they were ever in the warehouse? A. I could not—the stable and the warehouse are in one yard—there are a pair of large gates which lead into the street.
NOT GUILTY .
GUILTY .— Confined Six Months.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
JAMES JONES . I am a baker, and live in Chapel-street, Tottenham Court-road. On the evening of the 18th of Feb. the prisoner came for 21bs. of bread, which came to 3 1/4d.—she gave me a shilling—I gave her change, and put the shilling into the till—there was no other there—I afterwards found the shilling was bad—I took it out of the till, and put it into a piece of paper—on the Saturday I gave it to the policeman—I marked it—on Friday evening, the 21st of Feb., my daughter brought me a bad half-crown—I went into the shop, and the prisoner was there—I wiled the policeman, and gave him the half-crown—he took the prisoner—she denied being the person who had passed the shilling—I have no doubt of her.
Prisoner. Q. If you knew it was bad why did not you call me back and give me in charge then? A. She ran out in an excited manner which raised my suspicion—I then found it was bad, and wrapped it in paper.
MARTHA JONES . I am the daughter of James Jones. The prisoner came on the night of the 21st Feb., she bought a loaf, and gave me half-a-crown—I took it directly to my father, finding it was bad—the prisoner was then taken.
Prisoner. You put it into the till, and then said, "Wait a minute," and you took it. Witness. I never put it into the till at all—I am sore I gave my father the one I took from you.
Prisoner. I went to Westminster on the Sunday night and stopped there till Wednesday.
GUILTY . Aged 18.— Confined Six Months.
WILLIAM BREWSTER . I am assistant to Mr. Walter, pawnbroker, High-street, Marylebone—on the evening of the 3rd Feb. the prisoner came to redeem a coat, and tendered me 2s.—I noticed that they were bad, and asked if he did not know that they were bad—he said, no, he believed then to be good—he said, "This is all the money I have about me," and pulled out two more bad shillings and a good sixpence—I took them from pint, marked the shillings, and gave them to the constable.
Prisoner. Q. Did I not ask you whether the others were bad? A. No, you did not.
(The prisoner put in a written defence, stating that he received the 5s. from a Jew in the street to whom he sold a pair of boot-tops.)
GUILTY . Aged 28.— Confined Six Months.
SARAH THORPE . I am the wife of Thomas Thorpe, of the Halifax-head Mile-end, New Town. On Tuesday the 25th Feb. the prisoner came about twelve o'clock for some rum, which came to 1 1/2d.—he gave me a shilling—I gave him change, and he went away—I found it was btd, tfd placed it at the back of the till, where there was no other money—no penon had access to the till but me and my husband—on the 1st March he came again about eleven o'clock at night for rum, and gave me a shilling—I gave him 10 1/2d. change—I saw it was counterfeit and sent for the policeman—I gave him the shilling I took of the prisoner on the 25th February.
Prisoner. I was in bed all day on the Tuesday, and did not go out of the house.
COURT. Q. What time did he come on the Tuesday? A. About twelve
o'clock at night—I put the shilling at the back of the till—it remained there till the Saturday—no other money went there from Tuesday till Saturday—I gave the second bad shilling to Brown.
Prisoner. Q. When did you see me on Tuesday night? A. About a quarter to twelve o'clock—you had your face covered with dirt, but I am sure you are the same man.
Prisoners Defence. I have witnesses to prove that I was out on the Monday, and got drinking with two or three persons—I did not go. out on the Tuesday.
CAROLINE FULLER . My husband is a porter—I live in New-street, Duke-street, Bethnal-green—I know the prisoner and his wife—I know him to have been at home on Tuesday, the 25th of Feb.—I was at work at his house, for his wife, that day—she is a tailoress—I was at work there till ten minutes past eleven o'clock at night, owing to ordered work being to go in, and I know the prisoner was at home—he came home very much intoxicated, on Monday night, and was in bed all Tuesday, till ten minutes-past eleven at night—when I left he was in bed.
MR. BODKIN. Q. Do you know the Halifax Head, in Princes-street? A. No—I know Mile-end New Town—I do not know any part about there particularly—I live in Bethnal-green, five minutes' walk from the: prisoner—my husband was at work that day, down Mile-end-road—he does not come home till past twelve—the prisoner is a turner in general—I have understood he worked in Clerkenwell—on the Monday night he came home as late as eleven—I was there working very late—Mrs. Jones lives in the lower part of the house, and there are other persons in the house—one or two of them know that he came home late on Monday, and was at home all day on Tuesday; but, as I was in then: room, they thought I was the best to come—I came here with his wife—when I went to work on the Monday morning after he was taken, I heard he was going before the Magistrate, but I did not think it was necessary that I should go—bis wife thonght I had better come here—I am there every day—he got up to hare his tea on Tuesday, but did not go out of the room—he put his trowsere on, and sat on the side of the bed to have his tea, and then got in bed' again—he did not tell me to take particular notice of it, nor did I—he had his dinner in bed—they live in Turk-street.
prisoner where he lived, he gave a false address—he said, in Edward-street.
GUILTY . Aged 28.— Confined Six Months.
ELIZA MACRO . On the 20th of Feb., about the middle of the day, the prisoner came to our shop, which is a biscuit shop, in Cheapside, and asked for an Abernethy biscuit—he offered me a half-crown—I thought it was bad, and took the opinion of a lady in the shop—she thought it good—I gave the prisoner 2s. 5d., and he left—I put the half-crown in a drawer, at the back of the till, separate from all other money—he came again on the next evening for a biscuit—I told him I thought he had given me a bad half-crown the day before—he said he was not in the shop—he then bought two biscuits, and paid in halfpence—I kept the half-crown separate from all other money, and gave it to Butler on the lit of March.
JOHN CASTELL . I am a dairyman, and live in Ironmonger Jane-oo the 28th of Feb. the prisoner came, and asked for three eggs—he gave me a half-crown—I did not like its appearance, and asked him to pay in change—he said he had not 3d., but he would go and get change at tie publican's—I said he had better—the policeman, who was opposite, took him, and I saw him take a half-crown from him.
JOHN BUTLER (City police-constable, No. 407.) On the 28th of Feb. I was in Ironmonger-lane—I noticed the prisoner in company with two others—I watched them in conversation for two or three minutes—I then saw the prisoner cross, and enter Mr. Castell's shop—I saw Mr. Castell serve him with the eggs, and try the half-crown—I saw the prisoner take up something, and he was coming out—I went over and seized him, and found this half-crown in his hand—I received this other half-crown from Mrs. Macro.
GUILTY . Aged 19.— Confined Six Months.
WILLIAM HENLEY . I keep the Britannia beer-shop, in Upper Chapman-street—on the 14th of Feb. the prisoner came about half-past three o'clock in the afternoon—he had half a pint of beer, and gave me a half-crown—I gave him 2s. 5d. change—I put the half-crown into the till, and there was no other there—he went away, but came back in about half an hour, for a pint of beer—he gave me a shilling—I gave him a sixpence ifld fourpence in halfpence—he went away—about five o'clock, or a little after, he came a third time—he looked round the tap room and went outagain-about half-past five I went to Mr. Goldsmith, after my daughter had come back, who had been sent there with the half-crown, and I was given into custody—after I had been at the station I gave Brooke the half-crowo I got from the prisoner, and the shilling also—I am quite sure they were what I got from the prisoner—at half-past eight the prisoner came again for half a pint of beer—he gave me a sixpence—I looked at it, and gave it to a man named Baker—I took it again—it was not out of my sight—the prisoner snatched it out of my hand while I was looking at it at the gas—he gave me a good sixpence—I got an officer, and gave him into
custody—while I was gone into the Highway, after the shilling had been passed, my mistress was in the bar.
Cross-examined by MR. BRIARLY. Q. Was any other shilling in the till? A. No—there were two shillings in the till before he came, and them I gave to him—they were good ones—I swear distinctly that 1 did not take any other shilling but what I took of the prisoner, till he was taken—I do not recollect a woman coming in for any beer, and giving me a shilling—I did not ask for change from some man in the tap-room—I believe there were some persons playing cards in the tap-room—I have no license for playing cards—I never saw this woman (looking at Mary Carroll) in my life—the shop has been shut up now for two or three days—I kept open till twelve o'clock at night—it was not what is called a night-house—when the prisoner handed me the sixpence I said it was a had one—I was not about to give change, I was about to get round to the door to take the prisoner—I was given into custody by Mr. Goldsmith, and remained so half an hour, nearly—I went to the station, and when I got there some of the police knew me.
MR. BODKIN. Q. You were attending your bar from half-past one till five o'clock? A. Yes—the shilling had been tendered before I left—I went to inquire abeut the half-crown, from what was said by my daughter.
RICHARD FANNING . I live in the Match-walk, Shadwell—I was at the prosecutor's shop on the 14th of Feb.—I saw the prisoner there at half-past three o'clock—he had nothing to drink then—I saw him return again between four and five—I then noticed him to receive a sixpence, and 4d. in copper—if he had had a pint of beer, that would have been the proper change of 1s.—the prosecutor was attending in the bar at that time—the prisoner stood about five minutes after he received his change.
Cross-examined. Q. How long were you there? A. From about two o'clock till near upon five—I did not notice any person playing at cards.
ELIZABETH HENLEY . I am the wife of William Henley. On the 14th of Feb., about six o'clock, I went to the till, and took half a crown out—there was only one shilling in the till beside—no other silver whatever—I gave the half-crown to my daughter—I did not take any other money from the till that day, nor put any in till after the prisoner was given into custody—no persons but me and my husband were in the bar from three o'clock till the prisoner was taken.
Cross-examined. Q. Who served in the bar? A. My husband, from three o'clock till five—I went in just about six—I did not take any money till the prisoner was given into custody.
MARY HENLEY . My mother gave me half a crown on the 14th of Feb., to get some tobacco, about six o'clock in the evening—I went for the tobacco, offered the half-crown, and it was refused—there were two men in the shop—one of them said it was bad, and the other said it was good—I then took the half-crown to Mr. Goldsmith for change—he said it was bad, and sent me back to my father—the half-crown was not oat of my sight all the time.
Cross-examined. Q. When you went home to your mother, you said it was bad? A. Yes—I asked Mr. Goldsmith for change—he said it was bad, and kept it—he lives about ten minutes' walk from our house.
JOSEPH JOHN GOLDSMITH . I am a baker, and live in Ratcliff-highway—"Mary Henley came to me for change for half a crown—it was bad—I told her to go for her father—in about a quarter of an hour her father came—I
gave it him, told him it was bad, and gave him into the custody of Brooks the policeman—I am quite sure it was the half-crown I got from Mary Henley.
Cross-examincd. Q. Did you go to the prisoner's house and search it? A. Yes—I found 14s. or 15s. there, all good—his wife handed me tar pocket, and all that was in it was good—the prisoner did not tell me hot he came by that money, or that he had more money at home—lie bad been drinking a little, but he was not drunk—Mr. Henley remained ii custody about half an hour, and then went home.
WILLIAM PLOWRIGHT (police-constable K 84.) I went to the Britannia on the 14th of Feb., and the prisoner was given into my custody—I asked Mr. Henley where the sixpence was—he said the prisoner matched it from him, and he believed he had it about him—I searched, but could not find it—I took him to the station—he asked me if he was likely to be locked up—I said I could not say—he said it was very odd if he was, that the landlord should be going to give him change.
Cross-examined. Q. Did the landlord say anything about the half-crown and the shilling? A. Yes—I had never known the prosecutor before.
(The prisoner received a good character.)
GUILTY. Aged 39.—Recommended to mercy by the Jury. — Confined Six Months.
725. JOHN SCULLY, DAVID BURKE, JAMES GRADY, JAMES BUCKLEY , and PATRICK SULLIVAN , were indicted for stealing 3 salt-cellars, value 1l. 16s.; 4 salt-trays, 3l. 6s.; part of a wine-strainer, 9s. 1 pair sugar-tongs, 6s.; 2 forks, 1l.; 5 ladles, 1l. 3s.; 8 spoons, 1l. 13s.; 1 fish-slice, 17s.; 1 butter-knife, 3s.; and 2 bottle-ladles, the the goods of Richard Gardner.
RICHARD GARDNER . I live at Brompton, In Oct. I had a chest of plate coming from Essex—I saw it put into a boat from a barge a little below London-bridge—I bad seen the articles named in the indictment pot up in the chest—Milchard had the care of the boat—I afterwards beard that the boat was upset—the chest never arrived at my house—I saw some of the contents at the police-office on Monday week—the chest contained tie articles stated in the indictment—several of them are here—the chest iw locked and padlocked—it was strong, and iron-bound—these are my articles, and were all put in that chest.
Cross-examined by MR. PAYNE. Q. Have you described all thatwn in the chest? A. There might be a few more things—I know these articles, from some of them having a cypher, and some of them having bt*" in my use many years.
THOMAS CORSAN . I live at Wapping, and am a watchmaker. At near ten o'clock on the evening of the 13th of Feb. the prisoner Grady came and offered me two forks and a spoon—he said he had dragged them up in the ballast-bag—I had a knowledge of him—I believed his statement, and have him 1l. 13s. 6d. for them—they were saturated with mud, and had the appearance of being brought up with the ballast-bag—on the following morning all the prisoners came together—they produced all the rest.
of these articles—I cannot say which of them laid them on the counter—they said they were the remainder of the things they had drawn up with the ballast-bag—they asked if I would buy them—I said is soon as I had weighed them I should be able to tell them what I would give, and believing that they bad drawn them up in the ballast-bag, I gave them 8l. 15s. for them, which was the market price, at 4s. 10d. an ounce—there were some plated articles, which were left with me—as I did not know the value of such things, I said I would endeavour to ascertain that for them.
ISAAC ROSE . I live in Tooley-street, and am a jeweller. On the 14th of Feb. I bought a gravy-spoon and a medal for 16s., from Scully, Burke, and Grady, to the best of my recollection—the spoon I have sold, but the medal I returned to the prosecutor—I am satisfied Scully was one—I am not so sure of the other two—they said they found them in die ballast-bag.
JAMES CHRISTOPHER EVANS . I am a Thames police-inspector. On the 24th of Feb. I was near the Trinity ballast-wharf at Wapping—from what I had heard I sent for Scully and Burke—they came to ma—Tasked if they were in No. 17 lighter when the box of plate was picked up—they said they were, and that they sold some of die plate in Tooley-street for 16s., and the other to Mr. Corsan for 8l. 16s., and some more at some house in the City, but they coold not recollect where—I asked how thef came by the box—they said they took it up with the ballast spoon off St. Olaves—that might have been so—they all told me the tame story—they made no concealment at all.
NOT GUILTY .
GUILTY. Aged 21.—Recommended to mercy, — Confined Six Days.
MARY ANN RICHARDS . I am the daughter of Joseph Richards—I live with my parents. On Saturday night, the 8th of Feb., about half-past nine o'clock, I was in Chapel-street, Somers-town—a man was exhibiting something and there was a crowd—a young woman told me something—I put my hand in my pocket and missed five shillings, which I knew was safe two or three minutes before—I had had five shillings and a sixpence, and the sixpence was left—the prisoner was standing by my side—wheirf the young woman spoke to me he went away—I ran after him—he had then got about half-a-dozen doors off—the young woman stopped him, and we gave him in charge—I had just before seen him pass something to another boy who was with him, and he whispered something to the other boy-the prisoner had songs in his hand—the five shilling were my father's.
Cross-examined by MR. HORRY. Q. You were in a crowd? A. Yes,
there was a weighing-machine—I was outside the crowd, but I could in the machine distinctly—I did not feel anything—I was standing still.
JANE BANFIELD . I live with my mother in Somers-town—I was standing by Richards when she lost her money—I saw the prisoner standing by the side of me—he first had his hand in my pocket and I took it out—I then saw him put his hand into Richards's pocket and take it out again, and put it beside him—I saw him take something—he then touched another young man, and they both went away—I went and asked the prosecutrix if she had lost anything—she felt in her pocket and said she bad lost five shillings.
Cross-examined. Q. Was it after he put his hand in your pocket he put his hand in hers? A. Yes—I felt his hand in my pocket—I wai in the crowd, and he was behind me—the moment I turned round he wu going to take his hand out of my pocket, but he had no time, and I took it out—I said nothing but walked away—I got behind him and watched—I then saw his hand put in Richards's pocket.
EMMA THOMPSON . I live in Somers-town. I was at this crowd where the man had the weighing-machine—I saw Richards and Banfield there—I felt the prisoner put his hand into my pocket, and I moved away—I was standing with Richards, and I heard Banfield speak to her—I saw the prisoner give something to another person—I did not know what it was—they went away together—I went after the prisoner and stopped him—I said he had better give up the money, and he said he had none—the policeman came up and he was given into custody.
Cross-examined. Q. How do you know it was his haud that you felt in your pocket? A. He was standing close by me.
JAMES WEBB (police-sergeant F 17.) I produce a certificate of the prisoner's conviction, which I got at Mr. Clark's office—(read—Convicted on the 19th of August, 1844, and confined three months)—the prisoner is the person.
GUILTY .—Aged 18. Transported for Ten Years.
WILLIAM JOHNSON . I am a seaman, and live at the Sailors' Home in Well-street. Last Saturday night I was crossing Tower-hill with Deacon—we met the two prisoners and another—they were not dressed as they are now—they came up to me—I pushed them away, and told them to be off—I had a bundle in my hand, and in pushing them away I dropped it—I stooped to pick it up, and found Pierse's hand in my right-hand trowsers pocket—I had my watch, and felt, and it was gone—I saw Peirse put had hand behind her, and there was another girl behind her who ran off—I took Peirse, and held her till I gave her to the policeman—I know I had my watch safe four or five minutes before, when I crossed London-bridge—I took it out to see the time, and I had my hand on it when the prisoners came up to me.
Cross-examined by MR. HORRY. Q. What time was this? A. About half-past twelve o'clock at night—I had no seals to my watch—I had not been with Pierse before—I was coming from my father's—I was quite sober—Sullivan and the other woman ran away after I took hold of
Peirse—the whole three women beset me at first—I belong to the ship Volutia.
GEORGE DEACON . I am a seaman, and live in New-street, Bedford-square—I was with the prosecutor—one of the women came up and took hold of my arm—I told her to go along—I saw the prosecutor drop hit bundle—he stooped to pick it up, and called out, "My watch it gone"—he took hold of Peirse, and kept her till the policeman came—the other two women ran off—I had seen the prosecutor had a watch.
PEIRSE— GUILTY .
SULLIVAN— GUILTY .
Confined six months.
BENJAMIN AARONS . I live in James-street, Covent-garden. I keep a Birmingham and Sheffield warehouse—the prisoner was my shopman—I know this razor-case is mine—(looking at it)—I have a private mark on it, and the razors are the tame at I sell—this corkscrew hat also a mark, and I know it—the prisoner never told anything in my shop—he had a right to sell, and so had my wife and my ton—they are not here.
CHARLES SUCKERMORE DRAFIR . I keep a tobacco shop—the prisoner came to my shop about three weeks ago—I bought some things—he said I might as well have bought them of hit matter—I was in want of some spittoons, and gave him the order—the next day he brought these spittoons and this corkscrew, and I bought them—he told me whose service he was in.
EDWARD PARFBTT . I live in Ranelagh-street—I received this case of razors from the prisoner—he said he was allowed to have them at cost-price—I was to pay him half a crown for them, but I had not, paid for them
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy by the jury.
Confined Four Months.
NEW COURT.—Saturday, March 8th, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Confined three months.
GUILTY . Aged 16.— Confined Four Months.
732. ALFRED FREEMAN was indicted for stealing 1 watch, value 10l.; 1 watch-chain, 10s.; 1 seal, 5s.; 2 rings, 1l.; 1 breast-pin, 5s.; 1 pair of sugar-tongs, 5s.; 1 waistcoat, 2s.; 1 coat, 2s.; 1 cornopean, 4l.; 1 coat, 3l.; and 1 handkerchief, 1s.; the goods of Thomas Freeman; to which he pleaded
GUILTY .— Confined One Year.
GUILTY . Aged 30.— Transported for Seven Years.
734. WILLIAM CHARLES THOMAS was indicted for stealing, on the 6th of Nov., 1 half-sovereign, 20 shillings, 3 half-crowns, and 5 sixpences, the monies of Alexander Raymond; and that he had been before convicted of felony; to which he pleaded
GUILTY .— Transported for Seven Years.
SAMUEL DEMAID . I live in Southampton-street, New-road, Marylebone; the prisoner was in my service. On the 17th of Feb. I gave her the shawl and pattens to take to her mistress, at Pimlico—they were to assist to get my wife and child home—the prisoner never returned—this is the shawl.
GUILTY . Aged 19.— Confined Six Days.
AMELIA ELLIOTT . I attend a stall belonging to Mr. Samuel Bentall, in the Thames-tunnel. On the 1st of March, between eight and nine o'clock, the prisoner came and asked the price of a pot-stand—I said it was 5s.—she said she bad but half-a-crown, and asked me if I had not a smaller one—I said no—she persuaded me to look under the stand—I went to the side, and in the meantime she took up three little jars, a scent-box, and a pincushion—she was going on—I called her back, and saw one little jar in her hand—I asked her to pay for it—she said, "What jar?"—I took up one on the stall, and said, "Like this"—she then put it down, and in feeling for her money, as I suppose, I saw these other thiogi under her cloak—they are such as I had to sell, and I missed them.
Cross-examined by MR. BALLANTINE. Q. Did she appear under the effects of liquor? A. No—they are worth 6d. each—I had half a dozen lying about.
ELIZA MELLSHIMER . I was packing up at the stall No. 62, and saw the prisoner at No. 61, where Miss Elliott is—she called to me to knot where the constable was—I saw the prisoner brought back, and saw her slip these things from under her cloak on to the stand.
NOT GUILTY .
DAVID HULETT . I am in the employ of Moritz Platow and another—the prisoner was in their service. On the 20th of Feb. I was coming down stairs from the factory and heard a gingling noise and saw the prisoner standing on one side—I asked what he was doing—he said, "Nothing"—I said, I think there is something wrong—I found on him these three pieces of copper, which I suppose are my employers'—I do not know—he dropped some pieces after he saw me.
Prisoner's Defence. I was going to take it to balance a little boat.
NOT GUILTY .
THOMAS WALLIS . I live in Conduit-street, Paddington. On the 21st of Feb., at a quarter before twelve o'clock at night, I went into the Star and Garter public-house, in Marylebone—I called for some half-and-half, and laid two books in a handkerchief on the form by my side, while I paid for it—I turned, and they were gone—I went out, and saw the prisoner running—I pursued and collared her by the neck—she screamed and straggled, and called, "Police!"—I took the hooka and handkerchief from under her cloak.
Cross-examined by MR. BRIAELT. Q. Was she not a little drunk? A. I cannot say—I had not seen her in the house—it was not very dark—I had only had a pint of Scotch ale and a glass of ale before—I was not the worse for drink—I should think I pursued a quarter of a mile before I overtook her—I held her by the throat, and said, "You have got my property"—she denied it, and kicked very violently; that threw open her cloak, and I saw them.
MATTHEW RIORDAN (police-constable D 135.) I heard a woman cry "Police!" and "Murder!"—I went up and asked what was the matter—the prisoner said, "This man is pulling me by the throat"—the prosecutor laid, "She stole my property"—he had these books under his arm—his great coat was torn, and he was out of breath—when he recovered himself I found he was not in liquor.
GUILTY . Aged 18.— Confined Two Months.
GEORGE TOLLET . I am in the service of Mr. Thomas Spencer, of No. 31, Myddleton-square. At half-past nine o'clock in the morning of the 22nd of Feb. I was sweeping the snow from the door—I had left the street door open—the butcher called—I ran to the corner, and saw the prisoner drop these two hats, two umbrellas, and a pair of gloves of my master's, which were in the hall about two minutes before.
Cross-examined by MR. HORRY. Q. How do you know Mr. Spencer's
name is Thomas? A. I have seen it on several occasions, and he has been called so.
THOMAS HANSLOW (police-constable F 10.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read—Convicted the 8th of May, 1843, and confined six months)—he is the person—he has been in custody four times since that.
GUILTY . Aged 21.— Transported for Seven Years.
The article stolen was a loaf of bread; the Court held the description in the indictment was not sufficient, and the prisoner was
MR. CLARKSON conducted the Prosecution.
JOHN ALLAN . I am in partnership with Mr. Hall, as silk-mercers and linen-drapers, in St. Paul's-churchyard. My brother, William Allan, is a merchant residing at Rotterdam—on the 29th of Jan. the prisoner came to my shop—he held out his hand and said, "Do you recollect me?"—I said, "No"—he said "Captain Smith, of Rotterdam"—I said, "Yes, I recollect that name"—he said, "I am a particular friend of your brother at Rotterdam"—he said he was his dear friend—he said, "I have an appointment with the Dutch Consul, who it with my wife, to meet him at a quarter past eleven o'clock, and will introduce my wife to you"—he went away, and came back in half an hour, and said he had made a mistake, that instead of a quarter-past eleven o'clock, it was a quarter before eleven that he was to have met the Dutch Consul—I stood with him some time, and as I wanted to get rid of him I said, "Will you take a glass of wine?"—he said, "No; but if you will give me a glass of water I will thank you"—I sat in the parlour with him till I was quite tired—he said he bad made 1500l. the last voyage, and 3000l. the voyage before—I then saw a lady, and said to her, "If you are quite ready I will attend to you"—she said, "Yes"—I was about going out of the parlour, when the prisoner rose up and said, "I wish to speak a word with you; I shall not see the Dutch Consul before the evening, would you let me have 2l. or 3l."—I said, "With much pleasure, if you will walk down to the warehouse," which he did, and I let him have 3l.—I had no other ground for lending him the money than that I thought he was Captain Smith—he said he was Captain Smith, and my brother was his dear friend, and I believing he might be Captain Smith, lent him the money—next day he called again—I was engaged with a gentleman, and said to him, "I beg you will not leave me, for this is a Dutch gentleman whom I cannot get rid of when he calls"—I went up with a box of goods in my hand, and said to the prisoner, "You must excuse me, I am very buay"—he said, "I will call again in an hour"—I said, "I shall be engaged all
day"—in an hour he called again, and Mr. Gould brought me up a message—I said I was very busy, but I afterwards went down to the shop, where I found the prisoner, and a person he said was his wife—he said, "This is very bad usage; I must mention it to your brother when I write"—I said, "It is unpleasant for me as well as you"—I said, "You may be Captain Smith, but perhaps somebody may call the next day and say you are not Captain Smith."
Cross-examined by MR. BALLANTINE. Q. Was the ground on which you lent the money your belief that he was Captain Smith of Rotterdam? A. Yes—unless I had believed that I would not have parted with my money—do not know whether the mere circumstance of his being a friend of my brother would have influenced me—it was the two together that influenced me to part with my money.
MR. CLARKSON. Q. He told you he had made 1500l. by his last voyage, and 3000l. from the voyage before, did you believe him from these representations to be a man of respectability? A. Yes—if I had not believed him to be a man of substance, and a friend of my brother, his dear friend, and that he was waiting for the Dutch Consul, I should not have done it—it was the combination of all these circumstances that operated on my mind, and induced me to let him have the money.
CHARLES GOULD . I am in the service of Messrs. Hall and Allan. On the 30th of Jan. the prisoner came and inquired for Mr. Allan—I went up to Mr. Allan and received an answer that he was busy—I communicated that to the prisoner—he said, "I must see him"—I said, Mr. Allan told me I can do as well"—the prisoner did not like that—he said, "I want to borrow 2l. more of Mr. Allan; I borrowed 3l. of him, and I want 2l. more; I want to take my wife to see the Queen's palace"—I told Mr. Allan, and he said, "I will not lend any more money to Captain Smith"—I told the prisoner, and he said, "I have property about me; I can leave my watch"—I told Mr. Allan, who said he would lend 2l. more if he would leave the watch—I told him that, and he said, "Well, I have no objection"—he put his hand as though to take out his watch, and he said, I have not got it here"—I never had it—there was a lady wit him—she said, "I will tell Mr. Allan's brother in Rotterdam of his conduct here."
JOHN BALL . I am assistant to Messrs. Hall and Allan. I was in the shop and saw the prisoner and the female—in consequence of instructions from Mr. Allan I went after the prisoner and the woman to Mr. May's office in Fenchurch-street—the prisoner went in, the woman was outside—he then called his wife, and they went in together, I remaining outside—they came out together, and the prisoner said to me, "It is all right, I shall see Mr. Allan to-morrow morning about nine o'clock"—he then said, "Between ten and eleven o'clock will suit me better"—he shook hands with me and went away—I went into the Dutch Consul's office and saw Mr. May.
JOHN WILLIAM MAY . I am the consul of the Dutch Government. I saw the prisoner at my office on the 30th of Jan.—I had not seen him before to my knowledge—I had no appointment to meet him with his wife on the morning of the 29th of Jan.—I had no appointment with his wife on that day—I saw the lady on the 30th when she came in after the prisoner—I had not seen her before to my knowledge—I was not with the prisoner or with her anywhere else—when he came on the 30th of Jan. he
pretended to be acquainted with me, to have known me before, and the he had several times seen me—he wished to persuade me that I wy mistaken in not knowing him—he spoke about his voyage to Ireland, which would have been a very good one, but his correspondent had failed which made him short of money—he said Mr. Allan would advance him some money if I would speak a good word for him, or guarantee the amount—he told me he was Captain Smith of Rotterdam.
Prisoner. I would have given the Dutch Consul six rings.
Witness. His wife offered to leave her rings off her fingers if I would guarantee 3l. to Mr. Allan—I did not look at them, I declined it—I advised them to leave them with Mr. Allan—she had rings on her fingers.
WILLIAM ALLAN . I am the prosecutor's brother. I am a merchant at Rotterdam, and am acquainted with Captain Smith of Rotterdam—I do not know the prisoner, he is no dear friend of mine—I have no acquaintance with him—if he is my friend it is without my knowledge—I have never been familiar with him or acquainted with him—I know a Captain Smith, but the prisoner is not that man.
GEORGE WARDLE (City police-constable No. 325.) I took the prisoner on the 1st of Feb., in Red Lion-street, Wapping—I asked if his name was Capt. Smith?—he said, "No, Captain Huggins"—I said, "Captain Smith Huggins?"—he said, "Sometimes"—I asked how long it wos sinoe be made a voyage—he said, "Two years—I found on him a seal, a key, a black ribbon, and a piece of paper tied to the end of it.
Cross-examined. Q. How came you to ask how long it was since be made a voyage? A. Because he was talking that he was a respectable man at Rotterdam—I did not know that some part of his representation was his making a voyage.
(The prisoner received a good character.)
GUILTY . Aged 47.— Confined Nine Months.
Cross-examined by MR. HORRY. Q. When did you put it under the settle? A. About one o'clock in the day—I did not see the prisoner—I went to lodge in the house, not to drink—there were three or four other men in the tap-room—I have known the prisoner from a child.
JOHN VAGG (police-constable T 141). About twenty minutes past one o'clock that night I saw the prisoner bring the shovel out and place it behind a gate in the yard—I waited about ten minutes, he then came and took it and was going away with it—I stopped him—this is it.
Cross-examined. Q. Was he not coming towards the public-house again? A. No—he struck me across the head with the shovel and knocked me down in the road—we were up and down half a dozen times till another policeman came up.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Four Months.
743. JOHN MURPHY was indicted for stealing 30 yards of printed cotton, value 16s., the goods of Jonathan Crocker the younger, and another, his masters: and MARGARET MURPHY , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.
MR. DOANE conducted the Prosecution.
DANIEL FORRESTER . I am principal officer of the Mansion-house. I took John Murphy into custody on the 18th of Jan., by the prosecutor's direction—I found on him these two duplicates, dated 27th Dec.—he said he lived at his mother's—I found he did not live there—he then told me where he did live—I took the female prisoner, who is hia mother, and was present when she was examined.
Cross-examined by MR. PAYNE. Q. Had you seen her before? A. Yes, I knew her well.
WILLIAM LAWRENCE . I am in the service of Mr. Howell, a pawnbroker, in Beech-street. I produce a piece of cotton, pawned by Margaret Murphy on the 27th Dec, for 3s.—this is the duplicate I gave—I knew her before.
JONATHAN CROCKER , the younger. I am in partnership with my brother—we are Manchester warehousemen, in Friday-street, Cheapside. John Murphy was in our employ about four months—he had 1l. a week—he was light porter and half warehouseman—he had access to this property—on the 18th of Jan. I gave him into custody of Forrester—this printed cotton if ours—this piece has our mark on it—when I first saw it it waa in the original folds in which it left our warehouse—this and the piece produced by the other pawnbroker formed originally one piece—there is no doubt of it, and we had such in our warehouse.
Cross-examined. Q. What is the private mark? A. This ticket marked "A. O." and a "K"—this is our mark—I cannot say who put it on—whoever received it in our warehouse put the mark on it—I cannot swear this has not been sold—there are twenty-five persons in our employ.
MR. DOANE. Q. Did you ever sell it to either of the prisoners? A. No.
DANIEL FORRESTER re-examined. I was present when Margaret Murphy was examined—I heard her make a statement—I heard it read over to her by Mr. Goodman, and saw the Lord Mayor sign it—this it the mark the prisoner made—this piece of cotton which has the mark on it was produced at the time she made this statement—the other had been produced by Mr. Faulkner before—(read)—"The prisoner Margaret Murphy says, (pointing to the piece produced by Mr. Faulkner,) 'I bought that piece of cotton of Mr. Davis, in Chiswell-street, when he turned bankrupt, two or three months ago, and I was obliged to pawn it in about a week; (pointing to the two pieces produced by Mr. Lawrence,) I bought these two pieces also of Mr. Davis, and paid for them 9d. a yard.' "
MR. CROCKER re-examined. This piece was not manufactured when Mr. Davis was in business.
I remember Mr. Davis carrying on business there—I bought his stock about the 15th of August—he had no printed cotton of this description in the whole of his stock—I did not sell any of it—I know this was not printed at the time.
JOHN MURPHY— GUILTY . Aged 20.
MARGARET MURPHY— GUILTY . Aged 49.
Transported for Seven Years.
(There was another indictment against the prisoners.)
SUSAN TEBBENHAM . I am the wife of William Tebbenham—we live at Bow. The prisoner was in our service—on the 26th of Feb. I saw him take some black puddings and sausages and put them into his pocket—I took no notice, but told my husband when he came home.
Cross-examined by MR. BALLANTINE. Q. Were these Epping sausages? A. They were—the prisoner was to have 10s. a week and his board—he never took supper—he might have had it—these sausages had been to market the night before.
WILLIAM TBBBENHAM . When I came home my wife told me of this—I went out fora policeman, and then spoke to the prisoner—he went backwards, and took his hat off—he took out what he had in his hat, and threw it into the fat-tub—I said, "This is what I have long expected; I have been robbed, and I did not know how"—he took these things oat of the fat-tub, and said, "Here they are; it is the first time; I hope yoo will look over it."
Cross-examined. Q. Is this the first time you have mentioned abont the grease-tub? A. No, I said it before the Magistrate—I believe a part of these things had been to Romford, where I have a shop—the prisoner was in my employ for ten months—I owed him 10s.—I have his machine, which is worth about 5s.—it has been used since he was taken, by my order.
Cross-examined. Q. Have you known this man? A. Yes, twenty-four or twenty-five years—I knew him when he was in business—I always considered him a very respectable man.
NOT GUILTY .
EMMA GARLAND . I live in Strutton-ground, Westminster. I was passing the prosecutor's shop on the 21st of Feb., and saw the prisoner take one shoe out of a broken pane of glass—he put it under his jacket, and ran off—a boy hallooed to him, and he dropped it—I am sure he is the person—he was taken on the Monday following—I had not known him before.
Prisoner. She said a boy with a brown jacket took the shoe, and ran away, and was never seen any more. Witness. I am not quite sure whether it was a jacket or a coat—the prisoner is the person—I saw his face, and am sure of him.
Prisoner. The other boy with a brown jacket took it, not me; I know nothing about it.
JOHN GILBERT . I am a baker, but am now out of place. On the 21st of Feb. I saw the prisoner with his hand in the window—he slipped the shoe down, dropped it, and ran away—I called, "Stop thief," another one came and struck me, and I ran into the baker's shop—I am sure the prisoner is the person who took the shoe and dropped it—I informed the officer.
Prisoner. Q. Did you see me take it out of the window? A. Yes, and you and your gang every time you met me knocked me down.
WILLIAM MILLERMAN . I produce a certificate of the prisoner's former conviction, which I got at the Guildhall, Westminster—(read—Convicted 27th March, 1843, and confined three months)—he is the person.
GUILTY . Aged 16.— Transported for Seven Years.
GUILTY. Aged 42.— Judgment Respited.
NEW COURT.—Monday, March 10th, 1845.
Sixth Jury, before Edward Bullock, Esq.
WILLIAM SAVAGE . I live in Little Albany-street, Regent's-park. On Monday afternoon, the 17th of Feb., I put my horse and cab on the stand in Tottenham-court-road—I placed a horse-cloth on my horse, and went to get my dinner—I returned in about a quarter of an hour, and the cloth was gone.
HENRY HART . I am a cab proprietor. On the 17th of Feb., at half-past three o'clock in the afternoon, I was in Tottenham-court-road—I saw the prisoner walk to the prosecutor's horse, and take the cloth off it, double it up, put it under his arm, and run away—I knew him before, and watched him.
Prisoner. He never called after me. Witness. I could not get after him fast enough—I was driving my cab, and before I could get off he was out of sight, down the ruins of the Rookery—I am sure he is the person.
Prisoner. Why did not Hart call after me? When he sees me minding another man's cab he can't bear to see me; and when he sees me put a fare in, he says he will have me up.
NATHAN JARVIS (police-constable E 41.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—(read—Convicted 4th March, 1844, and confined three months)—the prisoner is the person.
GUILTY . Aged 50.— Confined Eight Months.
SAMUEL WARREN . I live in Reliance-square, New Inn-yard, Shoreditch, and am a shoemaker. The prisoner came into my employ from his mother, on the 9th of Jan., and remained till the 11th—at ten minutes past eight o'clock that morning I left him alone in my work-room, and gave him some orders about two pairs of shoes—he came down about five minutes after, and said he was going to get some butter—he left, and new came back—in five minutes or less I went to the workshop, and missed two pairs of new shoes and a pair of footed boots—no one had been there but him—the shoes were mine, and the boots belonged to an inmate of mine, but were in my care—I never knew the prisoner before.
Prisoner. I never saw the things.
GEORGE KEMP (police-constable N 82.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted 3rd April, 1843, confined six months and twice whipped)—the prisoner is the person.
GUILTY .* Aged 18.— Transported for Seven Years.
PHŒBE PARRY . I am the wife of John Parry, and keep a broker's and sale shop in Playhouse-yard. I lost this pair of boots on the 10th of Feb.—I had seen them ten minutes before—they are my husband's—on the Fridy evening afterwards, Mrs. Bullen, who lives in the same place, and keepn shop in the same line as mine, sent her boy over to me with the boots, to ask if they were not mine—I went and asked Mrs. Bullen, in the prisoner's presence, where she got them—she said the prisoner brought them to sell—she said she had been sent to sell them by a man whom she left in 1 public-house in Golden-lane—I said if she would show me the man I should be glad—I went with her to the public-house—there was no man there—I gave her in charge.
Prisoner's Defence. I met Johnson in Golden-lane, and asked him to give me something to drink; he said he had no money, but if I would sell these old boots for 8d., I could have some; the woman gave me the
8d.; I was going to give him the 8d., when the boy come after me; I went back, and she sent to the prosecutor's.
NOT GUILTY .
JACOB TAYLOR . I live in Gibraltar-walk, and am a cork-cutter—the prisoner was in my employ. On the 20th of Jan. I gave him twenty-three gross of corks to take out to sell for me—he was to bring me back the corks or the money—he returned the same afternoon, and said he had sold them to Rowley and Dellmore, in Castle-street—that it was not convenient for them to settle, but the first time I went that way I was to call, and they would settle—satisfied with the respectability of the firm, I let it remain—the prisoner demanded his commission, and I paid him 2s. 6d. that afternoon.
Prisoner. Q. Did I not pay you some money that evening for corks that I had had? A. They had been delivered previously; and those you only paid me in part for—you did not pay for those you took that day.
THOMAS ANSDELL (police-constable G 76.) On the 19th of Feb. the prisoner was given into my custody—as he was going to the station, he acknowledged that he had the property, and disposed of it to Mr. Bridges, in St. Giles's, on the 18th of Feb.—he said it was a matter of debt, and he should make it quite good.
JACOB TAYLOR re-examined. Q. When you gave him these corks, was he to sell them to any person he chose, on credit? A. No, it was not on credit at all—I allowed the credit to go to Rowley and Dellmore, and I might have allowed it to go to any respectable firm—but my instructions were to sell them, and return me he money or the corks, and he was to have the commission—I did not sanction him to sell them to any person on credit—he came back the same day, and worked for me nearly three weeks afterwards, and absconded with his work on the 15th of Feb.—he never mentioned a sentence to me afterwards about these corks.
Prisoner. I did not abscond, you told me you would hare no more work done.
(The prisoner received a good character.)
GUILTY. Aged 30.—Recommended to mercy. — Confined Two Months.
751. LOUISA WILKINS was indicted for stealing 2 looking-glasses, value 6s.; 1 drinking-glass, 6d.; 1 handkerchief, 2s. 6d.; 3/4 of a yard of flannel, 1s.; 1 shirt, 5s.; 1 yard of printed cotton, 6d.; 3 pairs of socks, 1s. 6d.; and 1 shift, 1s.; the goods of Aaron Lazarus, her master.
AARON LAZARUS . I am a carver and gilder, and live in High-street, Whitechapel—the prisoner was my housemaid for about four months—last Monday she had a holiday to go out, but before she went my wife's daughter, Sarah Myers, spoke to me, and in consequence of what she said, I went into the prisoner's bed-room, and found, under the bed, a pocket, made of some stuff belonging to me, and in it I found these two looking-glasses, which are silvered, but not in frames—also this drinking-glass,
and other property named, and some envelopes, which are not named in this indictment—I let the things remain—about one o'clock the prisoner was going out, and asked for her wages—I said, "I will go and get change and pay you"—I got a policeman—after I had given her in charge, I went into her room, and the property was then gone—these two looking-glasses had been in the silvering-room, which is adjoining her bed-room—none of them had any business in her pocket—it is impossible to swear to these glasses—I can swear positively to this handkerchief as being mine, and to this flannel, because it was used in our business.
JAMES KEARNEY (police-constable H 104.) I was called by Mr. Lazarus, and I took the prisoner—I saw she looked bulky, and told her she was accused by Mr. Lazarus of felony—I asked her if she was guilty—she said she was—I said, "What is this bulk you have about you?"—she said, "If you will come to the rear I will show you"—she took this pocket from under her gown—it contained the articles stated, and some things belonging to herself.
GUILTY . Aged 48.— Confined Four Months.
JOHN HENRY PRICE . I live in Windmill-street, Marylebone. About eight o'clock at night, on the 25th of Feb., I saw the prisoner and two other men watching a linen-draper's shop in Edgware-road—I watched them some little time—I then left them to go to a shop on business of my own—when I came out they were gone from the shop where I first saw them—I saw them deliberately go to the prosecutor's shop, and one who was in company with the prisoner, went up the steps and took a pair of shoes—he backed himself to the prisoner, who was about six steps from him—I saw the prisoner take them from him, and put them under his coat—I went up to him, and said I knew he had got something which did not belong to him—he gave the shoes to me—I took him into the shop, and got a policeman.
GEORGE ANDERSON (police-constable D 136.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted, 8th April, 1844, and confined four months)—the prisoner is the man.
GUILTY . Aged 18.— Confined Eight Months.
lodges in my house—on Saturday, the 1st of March, he called me up stairs, and said he had lost a 50l. note—I had a policeman, and searched, but the note was not found—on the following Monday I went to the station—Wyness and a female searcher came, and another search was made—I was in the kitchen when the officer was searching a pocket which the prisoner said was hers—it came from a drawer in the bedstead, used by the prisoner—I saw the contents turned out in her presence, and amongst other things, there was a penknife of mine which I had missed on the Tuesday previous.
Cross-examined by MR. DOANE. Q. The first time you heard a complaint was on the Saturday? A. Yes—it was known through the house that some property was missing—I have three children—there are two persons and a child live on my first floor—Mr. Smythe lives in the second floor—he is single—the prisoner was my only servant—she slept in the kitchen—this is my knife—it is of no great value.
HENRY SMYTHE . I lodge at Mr. Lynes's. On Thursday evening, the 27th of Feb., I received a 50l., and a 40l. note, of Mr. Brown—I placed them both in my tin cash-box, on the drawers in my bed-room—the box was locked, but I had not the key of it in my pocket—I cannot swear where the key was—on the Friday I took out the 40l. note, and left the 50l. open in the box—I locked it, and left the key in some part of the room—I went on Saturday to the box, and the 50l. note was gone.
Cross-examined. Q. Had the notes been separate? A. Yes—the 40l. note had two sovereigns in it—there was no other money in the box—I missed the note about ten o'clock on Saturday morning—the box was in my bed-room.
ANDREW WYNESS (police-eonstable D 43.) I went to Mr. Lyne's last Monday morning, about ten o'clock, with the female searcher. I saw the prisoner and some other females in the house—they all said they knew nothing about the note—I found the pocket in the drawer, and this pen-knife in it—I searched all parts of the house—I went into the froit area, and found a small parcel in the crevice of the brick-work, wrapped in this bit of rag—I extracted it, and found in it this 50l. note, and this bit of paper—I called the prisoner down to the kitchen, and told her to put everything into her box which belonged to her—I asked if this penknife was hers—she said it was—Mr. Lyne said it was his—she was then asked if this duster was hers—she said it was—I said, "Axe you sure it is yours?"—she said, "No, not sure," and then she said it was not hers—a corner of the duster was torn off, and the piece of rag in which I found the 50l. note, exactly fits it to a thread—I took her to the station, and went to the house next door to Mr. Lyne's—I saw Mrs. Sewell, who gave me this other duster, which corresponds with the duster I found at Mr. Lyne's.
HARRIET BROWN . I am the wife of John Brown. I was at Mr. Lyne's house, nursing Mrs. Lyne at this time—I had seen this duster in use, used by the prisoner—I had been in the house before she came, but I did not see this duster till she came—on Monday last I was called down, and I
said to the prisoner, "You know that duster is yours"—she made no answer.
ELIZABETH SEWELL . I did live in Welbeck-street—the prisoner lived servant there with me—I removed to the next door to Mr. Lyne's—the prisoner stopped there one night, and then went back to Welbeck-street as the person there wanted a servant—she staid there a fortnight, and then went to Mr. Lyne—last Monday the officer showed me this duster—I found another piece of cloth, which I gave to him, but I do not know how I came by it.
NOT GUILTY .
JOHN MCALLEY . I am a ship-carpenter. I live at Mr. Terry's, opposite the London Dock-gate. On the night of the 5th of March I was at the Cock public-house—the prisoner came in with some books, and asked me if I wanted any—he pulled out one—I asked him the price—he said 1s. 3d.—I said I would give him 1s. for it—I gave him a sovereign, and asked him for change—he said he would go to the bar and get change—I saw him go to the tap-room door—there was another man there, who went out and fetched him back—I never got the change nor the sovereign.
Prisoner. Q. How much had you in your pocket? A. One sixpence and some coppers—I am sure I had not two sixpences.
ANDREW CHASE . I am a seaman, and lodge at the Sailors' Home. I was at the Cock, in Neptune-street, and saw M'Alley give the prisoners sovereign—I kept my eye on the prisoner, and as I was going to the door I saw him go out—he ran as fast as he could—I ran after him—he dropped his books, and I took him back—he said he only had sixpence for his book.
JOHN CONDAN (police-constable H 179.) I was called to the Cock by Chase—I saw the prisoner, and asked him about the sovereign—he denied having it, and said he had only a sixpence—I found on him a sixpence, which he said was what he got for the book.
Prisoner's Defence. I went into the Cock to sell my books; the prosecutor was intoxicated; I asked him ninepence for the book; he offered me sixpence, and pulled out a handful of silver and copper, and gave me sixpence; I went across the road; the witness collared me, and asked where the sovereign was; I said I had got no sovereign; I never received any other money of him but sixpence.
GUILTY .* Aged 30.— Confined Eight Months.
ABRAHAM BOUTTELL . I am a constable of the East and West India docks. I was at the principal entrance on the 15th Feb. at half-past three o'clock—I saw the prisoner come from the ship, Repulse, which was in the dock—I stopped him and another who was with him going out at the
gate—I found on the prisoner these eight brass bushes concealed under his clothes—he said he picked them up in the lower part of the dock—I went on board the Repulse—I went to the gun deck, and found these broken sheaves which these bushes belong to—I have compared them and they fit exactly—the other man made a dart and got away.
Cross-examined by MR. PAYNE. Q. Where were these things? A. Some were in the waist-band of his trowsers and some in his pockets—we search all the labourers coming out of the dock.
WILLIAM CHARLES . I am ship-keeper of the Repulse—I do not know the prisoner—I did not see him on board—Mr. Bouttell brought these bushes on board—on Friday, the 14th Feb., I saw some sheaves lying on the fore scuttle, and the next day I missed some of them—I cannot say that these bushes belonged to the ship.
HENRY PEACHY . I live at Rotherhithe. The Repulse belongs to my employer, William Philip Beech—on Saturday afternoon, 15tb Feb., I was leaving the ship, and my attention was called to this matter by the officer—he shewed me these brass bushes—I found a tap had been taken from the ship—it had been thrown down by the man who ran away—I saw a quantity of fragments of sheaves broken up, and the bushes were gone—I had seen the sheaves all perfect the day before—I compared these bushes with the sheaves—they fitted exactly.
Cross-examined. Q. There are a great many the same sort as these? A. Yes—I had had charge of the ship for a week—I saw the sheaves all perfect in the manger the day before.
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
NOT GUILTY .
Before Mr. Recorder.
ROBERT REYNOLDS ELLAM . I was one of the turnkeys of the House of Correction, at Little Ilford, on the 19th of Oct. last—the prisoner was in the infirmary of the prison—I saw him there as late as five o'clock on the afternoon of the 19th of Oct.—the iron gales of the infirmary yard were locked—I cannot speak to the outer door of the infirmary—the infirmary is part of the prison, with a yard attached to it—the gate and wall is intended to secure persons from getting out—I never saw the prisoner out of prison.
JOHN ANDERSON . I am governor of the House of Correction at Little Ilford, Essex—the prisoner was in my charge there—I produce a certificate, under the Statute, of the conviction of the prisoner—I got it from Mr. Clark's office—the prisoner was introduced to our prison under the sentence referred to in that certificate—I have here the order which states that he was to be kept there for six months—he had been ill and was removed into the infirmary—on the 19th of Oct., about nine o'clock at night, I went into the infirmary and missed the prisoner—I did not see him again
till the 17th of Feb., when I saw him in Whitechapel—on seeing me he ran away—I pursued him, apprehended him, and took him back—his term of imprisonment would have expired on the 18th of Feb.—his jacket was produced to me afterwards—I do not know where it was found—the prison dress was sent back to me in a hamper by the railroad—(the certificate being read stated that Lawrence Phillips and John Fell were convicted on 19th Aug., 8th Vict., of larceny from the person, and sentenced to be confined six months)—the infirmary gate was not found open—it was locked—I saw some scratches on the corner of the wall.
Prisoner. The gate was left open, and had been left open several times; there were no scratches at all on the wall, and no marks.
Witness. Both the infirmaries are away from the centre of the gaol—I cannot say by what means the prisoner escaped—there were no marks of his having broken the prison—the scratches on the wall might have been made by somebody else—I cannot say.
GUILTY. Aged 22.— Judgment Respited.
Before Edward Bullock, Esq.
JOSEPH EMERY . I am a butcher, and live at Low Layton, in Essex. On the 18th of Feb. I lost two legs of mutton from the front of my shop—I saw them safe between six and seven o'clock that evening—I afterwards saw one of them, when it was found by the policeman—about one that day Howton came to my shop for a pound of beef steaks—I saw him afterwards at the Three Blackbirds public-bouse, nearly opposite my shop.
ROBERT ABURY . I keep the Lion and Key. On the evening of the 18th of Feb., between eight and nine o'clock, I saw Howton in ray tap-room—I did not see him come in—about a quarter of an hour afterwards Bryant came in with a leg of mutton under his arm, in a handkerchief—the shank end of it was exposed—he stopped ten minutes, drank with Howton, then went out, and returned in about a quarter of an hour—he had nothing with him then that I saw—he went away—Howton stayed till a quarter or twenty minutes to eleven—he then left—when I had occasion to close my house I went out and saw Howton hanging about my fence—I asked what he was hanging about there for—he said there was a haunch of venison in my skittle-ground, and I might have it—I said I would have nothing to do with it, and he went away—the policeman and I went to my skittle ground and found a leg of mutton.
Cross-examined by MR. BALLANTINE. Q. Have you always said Bryant came in with the mutton? A. Yes—I consider it was a leg—it might have been a shoulder—I told the Magistrate that Howton was hanging about—I believe it was put down in my deposition—I do not remember that I heard the word "hanging" read to me—I thought Howton's answer was an idle excuse, but did not think he was joking.
The deposition being ready was as follows, "About half-past ten o'clock Howton said to me, outside of my house, 'There is a haunch of venison in the skittle-ground, you may have it'—I did not go then to the skittle-ground as I thought he was joking."
Feb. I saw one of the prisoners about five o'clock, and the other between fire and six—I afterwards found the leg of mutton behind the sacking, in the skittle-ground—Mr. Emery identified it.
Cross-examined. Q. Did you kill it? A. Yes—it is South Down mutton—it has a private mark on the shank.
NOT GUILTY .
Before Mr. Common Sergeant.
JOHN HARDING . I keep a coffee-shop—on the 21st of Feb. the prisoner came for a cup of coffee—she asked permission to stop, as she bad a bad ankle, and was going to Barking—she stopped till three o'clock, and then left—I missed a tea-kettle when she was gone—this is it—there was nobody else in the house.
Prisoner. A woman asked me to pledge the article for her, as she had a person coming down the road to her, and she might pats while she was gone in; next morning I found the duplicate of it.
GUILTY . Aged 36.— Confined Three Months.
Before Mr. Recorder.
GUILTY .— Confined One Year.
Before Edward Bullock, Esq.
MARY ANN ROSE . I live at Woolwich—I occupy one room in a house, and keep the key—there is no street door to the house—the landlord does not live there—on the evening of the 3rd of Feb., I had this shawl in a box, in my room—I saw it safe about half-past six o'clock, when I locked my room door, and went out—I returned about eleven, and next morning, about seven, the prisoner came to me, and told me that Smith had broken open my box, taken a shawl, and given it to him to pawn; but that he did not know whose it was—I had been at the Three Daws public-house on the Monday evening, and saw the prisoner there, and Smith asked him to drink.
Cross-examined by MR. PAYNE. Q. There had been a good deal of drinking, had there not? A. Yes; Smith was drinking all day long, and the prisoner was the worse for liquor that night; but for his telling me about the shawl, I should have known nothing about it—he said he could not rest in the barracks till he came and told me.
NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 15.— Confined Six Months.
AMELIA STEERS . I am the wife of Edward Steers—we live at Eltham. On the 16th of Feb. I left the house about half-past six o'clock—I then had a half-crown and eight shillings in my pocket—I went across the yard, and in going home again I dropped my pocket, with the money in it—I missed it immediately I got in—my pocket was nankeen—I saw the prisoner at the bottom of the yard, but did not know that he was coming to the place—I never knew him before.
MARIA DRURY . I live next door to Mrs. Steer—I saw the prisoner come up the yard, and pick up a nankeen pocket—he felt it, rolled it up, put it into his left hand trowsers pocket, and went away—I went after him, and told him he had picked it up—he said he had not—I am quite sure he is the man.
Prisoner. I went to get a pair of spicks for shoes; I did not know where Martin lived, who I wanted, and went to the next house to the prosecutrix's; I was coming back, and she said, "Have you picked a pocket up?" I said "No, I have not;" she said, "There was half-a-guinea in it, my husband's club-money;" I then went home; a man came and said, "I think some of them are accusing you;" I went out; this woman said she saw me stoop, but I never did.
GEORGE HANLEY (police-constable R 65.) I took the prisoner—I found on him two shillings and a half-crown—I did not find the pocket, but he had time to make away with it—it was about an hour and a half before I took him.
GUILTY . Aged 49.— Confined Three Months.
ELIZA BUTTLE . I am a widow, and live at Greenwich—I had a pair of boots safe at five o'clock on the 22nd of Feb.—I missed them five minutes after—there had been no one in the shop but the prisoner, and a lady whom I was serving—I had served the prisoner first—these are the boots.
JOHN EVANS (police-constable R 190.) I took the prisoner—I told her she was charged with stealing a pair of boots—she said "I never stole any boots"—I asked if she had pawned any at Mr. Carter's—she said she had—she gave me the duplicate, and said her daughter gave her the boots.
Prisoner. I did not take them—I pledged them for a woman.
GUILTY . Aged 48.— Confined Three Months.
WILLIAM ARNOLD . I am servant to General Robert Pynn, at Woolwich—I saw a number of his tame fowls on Friday, the 14th of Feb.—they were all safe that day, and on the Sunday I missed seven—five of the hens are here, and I know them all—we had 1 cwt. of this oil-cake in a comer of the harness room, and some cloths and sacks put on it—it was there for a month or six weeks—the policeman brought some oilcake, and I found some was missing—I compared it with what we had left, and they appeared the same—I have samples of both of them here.
Cross-examined by MR. PAYNE. Q. How long have you known the fowls? A. Three months—I know them by their heads and their combs—I swear to these being my master's.
HENRY JAMES . I live at Woolwich—the prisoner has been in the habit of coming to my shop for different things for the General, and knowing that he had two uncles who were little farmers, I said to him, "Do you know anybody who has got fowls to sell?"—he said, "Yes, the General does sometimes"—I said, "Well, I shall have an opportunity of speaking to the General"—he then said it was not the General, it was the cook—I said, "You can ask the cook if she has any"—next morning he brought me an old hen—I gave him 2s. for it, and 2d. for himself—he then brought me two others from his uncle, as he said—I gave him 2s. for one, and 1s. 9d. for the other, and 2d. for himself—I said he need not bring any more, but he came and said a person at Sand Hill had two or three fowls, and he had brought another with an egg in his hand—I had said that the others were old hens, and would not lay—he brought the egg to show that this one did lay.
Cross-examined. Q. How far is your place from the General's? A. About a quarter of a mile—I know the General sells his apples and pears, and I did not know but that his cook might sell bis fowls—I swear that the prisoner sold these to me—I have worked for the General five years—it is not likely I should have bought these knowing them to be stolen.
WILLIAM SWANN . I bought one of these fowls of the prisoner on the 14th Feb., for 1s. 6d.—I said I thought it was stolen—he said, "I should not have brought it so openly under my arm if it had"—he told me his name and where he lived—I said, "What induced you to come to me?"—he said, "Mr. Henley sent me"—and knowing him I took it.
Cross-examined. Q. Did you tell Mr. Henley you had bought a fowl? A. Yes, two or three days afterwards, when the policeman came.
GUILTY. Aged 13.—Recommended to mercy. — Confined Four Months.
Before Edward Bullock, Esq.
GUILTY . Aged 27.— Confined Twelve Months.
Before Mr. Justice Patteson.
767. JOHN WRIGHT was indicted for burglariously breaking and entering the dwelling-house of Edward Williamson, about three in the night of the 24th Feb., at St. John, Southwark, with intent to steal, and stealing therein 10 1/2lbs. weight of cheese, value 7s.; 1 dead fowl, 1s.: 4lbs. weight of pork, 1s. 6d.; 68 pence; 172 half-pence, and 72 farthings; his property.
EDWARD WILLIAMSON . I live at No. 1, Fair-street, Horsleydown, in the parish of St. John's, Southwark, and am a licensed victualler—I had been there about a month at the time in question—I have seen the prisoner at my house three or four times as a customer—on the 24th Feb. I went to bed about half-past twelve o'clock I think—I was the last up—I left the house secure—all the doors and windows were safe—my room is up stairs—there had been a broken pane in the kitchen window, which had been pasted over with paper—I am sure the paper was safe on it that night—that window looked out to an open yard—my house is about 200 yards from Tooley-street—it is a continuation of Tooley-street—I got up about six o'clock in the morning, as I was alarmed by Hunt, the policeman—on coming down I missed about 14s. 4 1/2d. in copper—there was 18d. worth of farthings, about 10 1/2lbs. of cheese, a piece of bacon, what is called a Bath chap, and a fowl gone—the cheese had been in the bar the night before, and the fowl and the Bath chap in the kitchen—I found the square of paper which been covered over the glass broken through by some person's arm, and the bar had been undone and the staple taken out—it was only one square of paper that was broken through—after opening the bar the door would open—it was a large bar that goes across the door—the door was wide open and a chair against it—after the paper was broken through they could reach the bar of the door—I have since seen the cheese, fowl, and bacon in possession of the constable—I could tell they were mine—they are not here—they are perishable articles.
HENRY HUNT (police-constable M 82.) I was on duty on the 24th Feb. in Tooley-street, at half-past three o'clock in the morning, and saw the prisoner with a bundle tied in a handkerchief—I stopped him and asked what he had got—he said, a piece of cheese, a fowl, and a piece of pork—I examined the bundle and found it did contain a piece of cheese, a fowl, and a piece of pork—I asked where he got them from—he said a gentleman at Deptford had given them to him to keep for him for the week—I said I was not satisfied with his statement, and he must go with me to the station-house—on his road there he told me if I would like to take what was in the parcel I was welcome to them if I would let him go—I searched him at the station, and found 14s. 4 1/2d. in copper monies in his pocket—there were 18d. worth of farthings—I showed the things to the prosecutor that same day—I have only the copper money here.
WILLIAM KEATING (police-constable M 78.) On the morning of the 24th of Feb., about three o'clock, I was near the prosecutor's house, and saw the prisoner knock at a door within two doors of the prosecutor, and go into that house—I had known him before, and seen him as the potman at tne prosecutor's house before Mr. Williamson came there—I took no particular notice of the prisoner at the time he passed me, not to see whether fie had a bundle or anything—I was afterwards informed that he was in custody, and about six o'clock I went to Mr. Williamson, and called him up.
MR. WILLIAMSON re-examined. I have examined this copper—here are none of the coins that I know—there is about the quantity I lost, and the exact quantity of farthings I lost.
Prisoners Defence. I am quite innocent of the concern, and know nothing about it, no more than that a gentleman gave it to me to carry.
GUILTY . Aged 18.— Transported for Ten Years.
Before Mr. Justice Patteson.
768. THOMAS ANDREWS was indicted for feloniously breaking and entering the dwelling-house of Frederick Folkard, on the 13th of Feb., at St. George the Martyr, Southwark, and stealing therein 8 rings, value 10l., his property.
JOHN ROBERT DAVIS . I am shopman to Frederick Folkard, a pawnbroker, at No. 160, Blackfriars-road. On the 13th of Feb., about half-past six o'clock in the evening, I was in the shop, and heard something move ill the window—I cast my eye towards it, and saw two fingers inside the window, lifting up a card of mourning rings—the window was not open, and the wires were up outside, to protect it—a piece of glass had been starred out—eight mourning rings were on the card, worth 10l.—I lifted up the flap of the counter, ran round, and as soon as I opened the door I saw the prisoner drawing them through the wires—I went to lay hold of him, but fell down—I got up and pursued—we have two reflectors inside the window, which show a light outside, and I saw his face distinctly—I was close to him before I fell—there was another one with him—I pursued him across the road—he ran down Wellington-street, and turned up Angel-place—I shouted out, "Stop thief!" all the way along as I went—I saw no one down the street—I did not see the prisoner go down Angel-place, the street is not straight, one house projects out a little, next door but one from this court, and the moment I turned into the court the prisoner came back put of the court—it was no thoroughfare—I was, I dare say, three or four yards behind him when he ran up this place—I caught hold of him, and his hand was bleeding inside in the middle—I said, "Where is the card of rings you have taken out of the window?"—he said, "I have not got a card of lings; what card of rings?"—he kicked me, and tried to get away—he threw off his hat and scarf up Angel-place, among the snow—when I caught him he had no hat with him—I brought him back to the shop, and gave him into custody—the card was produced—it then had four rings on it, and one was picked up on the ground, and was produced by Mr. Coleman, a gentleman who was passing by at the time—this is the card and the rings—(looking at it)—they belong to my master.
Cross-examined by MR. PAYNE. Q. I think you say you fell down directly? A. I did—I had never seen the features of the person till that moment—I did not fall down directly—as I went to seize hold of him I fell down—I had just made one step out of the doorway—he was only two panes of glass from me—I distinctly saw his face for a moment, and saw him with the card, drawing it through the wires—I did not ask a woman any questions when I got into Wellington-street—there was a woman standing at a door—I did not ask her any questions—I did not ask her which way the person had run—I spoke to no woman—I was calling out, "Stop thief!" as she stood at the door, and she said, "He is gone up there"—as I came back with the prisoner she was standing at the door, I did not
say to her, "Is this the man?"—I went back after he was gone to the station, and asked her if she could swear to him, and she said she could not—I had gone back to see if I could find any of the rings—I pulled the prisoner about, and searched his pockets, to see if I could find the rings—I did not find anything—it was then that we had the scuflle—he tried to get away—I was not aware then that he had thrown the card of rings away—the top of the window had been cracked about a month before, but it was perfectly secure—I am quite positive no part of the glass was gone that night—when I examined it afterwards, a piece, about half the size of this card, was ent out—it was starred in two places, as though donebya brad-awl—the boy put up the wires outside about four o'clock in the afternoon, and I saw the window quite safe" about half-past four o'clock.
COURT. Q. That part of the glass where you saw the fingers? A. Yes—it was the top of the bottom pane that was cracked—a fresh pane had been put in about three months ago, and the glazier broke it at the top corner at the time, but this cut was at the bottom of the pane where the rings were taken from—we examined, but found no pieces of glass either inside or outside—I examined it when I came back—there were two holes in it, where it had been starred across one part, and another across that, and a piece of glass taken away just sufficient to get the fingers through—I searched for that piece of glass, but could not find it—I saw the prisoner's hand distinctly drawn through the wires as I came out of the shop.
WILLIAM COLEMAN . I am a stock-manufacturer, and reside in Hemming's-row, Charing-cross. I was passing along Blackfriars-road on the evening of the 13th of Feb., between six and seven o'clock, and all at once heard aery of "Stop thief!"—I immediately stopped, looked round, and saw two persons running across the road—they both passed me—I stopped nearly opposite a street—the first one that was running threw something from his right hand directly he passed me, and within about six or eight yards of me—thinking it was only a piece of paper, I let it lie for nearly a minute—a little boy who was passing said, "He threw something down"—I turned it over, and saw it contained rings—a lad named Hackett was taking it from him, and I took it from Hackett—it was a card containing four gold rings—this looks like it, but I could not swear to it—I took it over to the pawnbroker's, and laid it on the counter—it lay there till the policeman came in—I did not see anybody take it from the counter—there were four rings on it when I took it from Hackett—I felt in the snow, and found another one—I am quite sure that what I took from Hackett was what the man threw away—I saw the man's face when he threw it away—there was light enough for me to see his face—there was a lamp close by—he passed close under the lamp—it was the prisoner—I did not see what became of him after he threw it away—they both ran on—no one was following them at that time—it was on the opposite side of the way to Jr. Folkard's that he threw the rings away, about fifty or sixty yards off it was not near Wellington-street—I think it was nearer the bridge, but I cannot say—I did not know the prisoner before—I saw the policeman take the rings off the counter—I am sure he took what I got from Hackett
Cross-examined. Q. The person went past you quickly? A. Very quick—I never saw a man of his size who could run so fast—he had no hat on—when I first saw him again he had his hat on, and I said I did not know him—I said, "Take his hat off, and I shall know him in a minute"—his
hat was taken off—I stood back, and said I could swear to him—I do not recollect saying to Hackett, as we went along to Mr. Folkard's shop, "Are you sure that is the person? for I cannot swear to him"—I cannot swear I did not say so—Hackett did not say he could not swear to him—I do not recollect it—I would not swear it—it was a dark night—the Blackfriars-road is very broad—I am not well acquainted with it—I was nearest the bridge, on the right hand side going to Caraberwell—Mr. Folkard's shop is on the left hand side, perhaps a quarter of a mile from the bridge, I cannot say—I do not know where Wellington-street is—I know Wellington-street, Waterloo-road, but not Wellington-street, Blackfriars-road.
GEORGE WILLIAM HACKETT . I was going along Blackfriars-road on the evening of the 13th of Feb., and heard the cry of "Stop thief!"—I saw two persons running across the road—the last one was calling out, "Stop thief!"—I walked across the road to the top of the street—I forget the name of it—I spoke to Mr. Coleman—I saw a little boy with a card of rings in his hand, and heard him say, "Here is a card"—I did not see him pick it up from the ground, it was so dark—I took it from him, and gave itiato Mr. Coleman's hand—there were four rings on it—I could not see the face of either of the men, they went so quick.
Cross-examined. Q. Where did you see the persons running? A. Across the Blackfriars-road—I saw two persons go down Wellington-street—I believe Mr. Coleman asked me, coming along, whether I was sure the prisoner was the person, for that he could not speak to him—I said I could not swear to him, and I do not.
THOMAS JAY (police-constable L 140.) I was sent for to Mr. Folkard's on the 30th of Feb., and took the prisoner into custody there—I also took the card of rings from the counter—the witnesses were there—these are the rings—I searched the prisoner, but found nothing on him.
GUILTY . Aged 24.— Transported for Ten Years.
Before Mr. Baron Parke.
GUILTY .— Transported for Life.
Before Edward Bullock, Esq.
770. JAMES KEECH BUESEL was indicted for embezzling 7l. 12. 6d., the monies of his master, John Sanders: also, for stealing 2 1/4 yards of doe-skin, value 14s. 4d.; and 2 1/4 yards of woollen cloth, 1l. 1s. 6d.; the goods of John Sanders, his master.
MR. DOANE declined offering any evidence.
NOT GUILTY .
GUILTY . Aged 40.— Confined Two Months.
MR. BODKIN conducted the Prosecution.
JOHN FULLER . I am a chemist, and live in Crosby-row, Walworth. The prisoner had been in my service a fortnight and a day at the time she was given into custody—when she came she appeared in a distressed state, and badly supplied with clothes—I am the collector of a rate—I keep the gold and silver I collect for that in two bags, and my own gold and silver in two other bags, separate from the other—I keep these bags, in the day-time, in a desk in the shop, which I keep the keys of, and at night I take them up to the room I sleep in, and bring them down myself in the morning—on Thursday, the 6th of Feb., I counted the gold which I had in the collecting-bag at nearly ten o'clock at night—there was then 40l. in it—on the Friday I put into it 4l. in gold, and on the Saturday 2l. in gold, but I did not take any out—there should have been in it 46l. in gold—on the Sunday night I took that and the other bags up stairs, and put them on the drawers at the foot of my bed—on that Sunday night I had a child ill, and had a fire in my bed-room—I attended to the fire during the night, but I dropped asleep—I awoke about five in the morning, and the fire was out—I went to sleep again, and awoke a little past seven—I then found the fire had been lighted—the prisoner was kneeling at the grate, and putting the fender to it, as if she bad just lighted the fire—it was the housemaid's business to attend to the fire, but she was at home at her mother's that night, and the prisoner attended to it—when I got up I found the bags in the place where they should be, on the drawers—I found the money that was in my own private bags right; but between three and four o'clock on that Monday afternoon I missed 4l. in gold out of the collecting-bag—I made some inquiries about the neighbourhood, and on the following Friday, at dinner-time, I called the prisoner into the room, and told her I suspected she was robbing me—she said, "Of what?"—I said, "Of money"—she said, "I have taken none of your money, I have not touched your bags"—I had not at that time said anything about bags—I asked whence she got the money to buy so many articles, and enumerated some which I heard she had bought—I asked her the price of them, and she told me—I asked her about a shawl, and she said she had had that for two years—she told me she had had 6l. in the Camberwell Savings-bank, and had taken it out about last July, and had replaced 1l. 10s. during her servitude at her previous mistresses, and that she had received 4l. from her previous mistress; that she had 41. 105. when she came to me, and had 3s. 6d. left; but on the production of her money it was only half-a-crown—I left the house, to make some inquiries, and was gone about twenty minutes—when I returned she had absconded—I traced her, by means of the snow, over the fence to a house in East-lane, and after some difficulty, I discovered her in the house of a man named Gibbons—when I got into the room she came from under the bed, and asked me what I wanted her for—I said she must come with me, and that if she had been innocent she would hate stopped at my house—she went home with me, and I gave her in charge—when she was taken she asked me to give her the shawl, but I refused.
COURT. Q. You had counted the money on Thursday? A. Yes, and not again till the Monday—I kept the bags in my possession, taking them up every night, and bringing them down every morning, and placing them under lock and key.
ANN BACON . I am nursery-maid to Mr. Fuller. On Thursday, the 13th of Feb., I remember seeing a purse belonging to the prisoner on the drawers in my bed-room—one of my mistress's little girls took it up, and counted what was in it—there was 2l. 6s.—next day, the Friday, the prisoner employed me to buy a pair of shoes, two pairs of stockings, and a cap for her—she gave me a sovereign to pay for them, and I gave her the change—I think this was after the Monday morning that she had lighted the lire—one evening, when we went to bed, she wrote two letters—she said she was going to send one letter to Mrs. Hyson—I do not know that this is the letter she wrote to Mrs. Hyson—(looking at it)—I did not see it—that was soon after she came into the service—she brought the paper and the pen and ink up stairs—she sat down on the chair to write, and took the pen in her hand—I got into bed, and she sat up after me—I have seen her write in the kitchen—I took notice what sort of a hand she wrote, and it was a very nice handwriting—I think this letter is her writing.
EMMA HYSON . I am a dress-maker and live at Walworth. I know the prisoner—at the latter end of Jan., or the beginning of Feb., she owed my mother 4s. 6d., which had been owing about six months—this letter is what my mother received on the 10th of Feb.—I have seen the prisoner's handwriting before, and I think this is her writing—after this letter came she called at ray mother's, but I did not see her—this is a dress I had from the prisoner to make on the 12th of Feb.—it is Cobourg cloth—this printed cotton is what she brought two nights afterwards for another dress—I saw some trimmings for a new bonnet which she had ordered of my mother.
MARY HYSON . I received this letter on the 10th of Feb.—I have never seen the prisoner write, but I have received notes from her before, and I know this is her handwriting—she called on me the next evening, and said she had sen t me a letter, and asked if I had received it, and I said I had—she sat a little while and told me she had bought a box to put her clothes in—she paid me the 4s. 6d.—she told me she had borrowed a sovereign of her mistress, and ordered me to make her a new bonnet—she did not show me any cloth—my daughter began one dress for her, and I saw it then—I once saw the prisoner produce some printed cotton.
Letter read—"My dear Mrs. Hyson,—I have left Mrs. Rees, and am now living at Mr. Fuller's, the chemist's, in the Walworth-road, the post-office. I am sorry to say it was not in my power to give you any money, as I could not get any scarcely; if it had not been for Mr. Harley I should not have been able to have got another place. I have been here a fortnight next Thursday, When I have been here six weeks I shall ask for some money and then I will pay you," &c.
MARTHA SARTAIN . I am in the employ of Mrs. Jackson, who keeps a stay-shop. On the 10th of Feb., between two and three o'clock, the prisoner bought a pair of stays for 8s. 9d.—she paid me with a sovereign.
WILLIAM JOSEPH SMITH . I am a linen-draper, at Walworth. On the 11th of Feb. I sold the prisoner this shawl, this dress, and some other things, which came to 2l. 7s. 9d.—she paid me two sovereigns and the rest in silver.
a box on the 10th of Feb., between eight and nine o'clock at night—she paid me 12s. in silver for it.
JAMES BAKER (police-constable P 98.) I took the prisoner into custody on the 14th of Feb.—as I was taking her to the station she asked if the former conviction would come ngainst her—I said I did not know, and what she said to me I should give in evidence—she asked me two or three times, and I gave no answer—she said, "If Mr. Fuller don't find the money they can't hurt me, can they?"—I asked her where the woman was that she used to keep company with—she said, "It would have been a good job for me if I had never seen that woman; she brought me to this, and she has done the same thing herself?"—she said, "Mr. Fuller had do business to place the money where he did, ft was a temptation for any servant."
WILLIAM HUBBARD . I am assistant to a linen-draper. The prisoner came twice to our shop—it was either on a Monday, or Tuesday, or Wednesday—the first time she bought thirty yards of calico at 6s. 1/2d. a yard, which she paid for with a sovereign—the next lime she bought six yards of flannel at 2s. 2d., and six yards at a lower price—she paid for that with a sovereign.
LOUISA PINE . My father is a baker, and lives in East-lane, Walworth. On Wednesday morning, the 12th of Feb., the prisoner came for some rolls at eight o'clock—she had some halfpence in one hand and six sovereigns in the other hand, which she put down on the counter—I noticed it as being remarkable—she took them up and went away.
SARAH REES . I live in Esher-street, Kennington. The prisoner lived in my service before she went to Mr. Fuller's—she left me the last week in Jan.—she was then badly off for clothes—she had but two gowns, and they were cotton ones—she had no box—she received 2l. of me the week she left, and bought two dresses that week—she would then have 2l. all but the money she paid for the dresses—she had been with me six months.
HENRY BURR (police-constable P 175.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Straight's office—(read—Convicted 25th March, 1844, and confined four months, the last month solitary)—the prisoner is the person.'
GUILTY . Aged 21.— Transported for Seven Years.
Before Mr. Common Sergeant.
JOHN WILLIAM SEARLE . I am a china and glass man, and live in the London-road. On the 6th of Feb. I was called by the policeman, I went to the station-house, and saw thirty-five plates and three jugs of mine—I particularly know the jugs—I had missed such articles—the jugs, and about eighty dozen of one sort of plates, and about forty dozen of another sort,—they exactly corresponded with those which were found—I have employe the male prisoner as a carman, and to look after horses—these plates and
jugs were kept in a warehouse over my stable—I saw Chaff the evening before this—she came, and gave a pot with some beer for the lads to drink out of—I remarked about it—I saw her at the station between eight and nine o'clock next morning.
Cross-examined by MR. BALLANTINE. Q. Your name is Searle, is it? A. Yes—I object to answer whether I am married, or whether I am living with any woman—I know several females named Wheeler—the person who keeps a china shop in the London-road is Harriet Wheeler—that shop belongs to Wheeler—my warehouseis in London-street—I do not say that I live with Wheeler—I live in the same house—I have one place of business where the prisoners robbed me, which is my warehouse in London-street, London-road—I have no shop there—Wheeler has a shop at No. 51, London-road—articles are taken from the warehouse to that shop, and Harriet Wheeler pays me for what she has, the same as any other person—she sells on her own account—she gets goods to sell from other places besides mine—she gets goods from the Potteries, which are delivered at her place—they are never delivered at my warehouse—it is 200 yards from her shop—I live in her house—I will not answer whether I pay any rent—there are no servants kept there, only the prisoner Scott who has been robbing me—I am not bound to explain who does the household work—I never owned that house myself, nor sold at that shop in my own name, nor sent out bills in my own name—I have never had bills printed in my name for articles sold there—bills from that shop have had my name erased out—my name was to the bills—my house unfortunately fell down—I am not charged with undermining that house—I could not—it is a rumour—here is one of the bills from the shop, with my name erased, and "H. Wheeler" to it—I do not know whether she is a maiden lady—I believe she is Miss H. Wheeler—I have known her for ten years—she has carried on business in the place where I lodge for'three months, I dare say, since my house fell down, which was on the 13th of Nov.—I sometimes see to managing her business for her—I superintend the business for her at times, and superintend the articles from my warehouse for her.
Q. Is this your writing to this bill? A. Yes—I think there is no article enumerated in it which did not come from my warehouse—I have been paid by Harriet Wheeler for these articles—this is signed at the bottom, "Settled, for H. Wheeler.—I. SEARLE.
COURT. Q. All these came from your warehouse? A. I do not say they all came—they might come—she has had such from the warehouse—I sign for all these goods, "Settled for H. Wheeler"—I acknowledge I have been acting as her agent—the property in the warehouse is not hers.
MR. BALLANTINE. Q. Do you know Chelmsford? A. Yes, I passed three months ir that gaol for being concerned in gambling, at thimble rigging and the very man that was a friend to me has robbed me.
HENRY WILLIAM DEWHURST . I live in West-square, Lambeth. At half-past six o'clock in the morning of the 6th of Feb. I saw the two prisoners standing in a gateway—the man was stooping down, apparently taking something from under the gate—he saw me, and ran into the London-road—I went into the London-road, and told a policeman I suspected something was incorrect—he returned with me, and saw the female sitting down, half tipsy, leaning over a bundle containing this property—I do not know Mr. Searle's warehouse.
pavement in London-street—I asked what she had got there—she said lent her shawl to a female who brought the bundle there, and she wanted her shawl—the gateway belongs to Mr. Seurle—I have seen his cart go in and there—when 1 got the female to the station, she said the carman, Will, had given the things to her.
Cross-examined. Q. Did you see the name on the cart? A. I did not notice it—I know the other premises where the crockery is sold—I have always found Mr. Searle there—I am not aware who the goods might belong to—they go to and fro from the warehouse.
RICHARD PROSSER (police-constable L 53.) I took the prisoner Scott—at first he denied knowing anything about it—he afterwords said a man who dealt with Mr. Searle gave him the earthenware; that he took them down stairs, and hid them till he got an opportunity of taking them away; that he and the female went that morning and removed them.
NOT GUILTY .
WINCH pleaded GUILTY .* Aged 22.— Confined Twelve Months.
JOHN EWING . I am assistant to my brother Edward, who lives in High-street, Southwark. I saw this piece of calico outside his door, with this ticket on it, about five o'clock on the 6th of Feb.—we did not miss it till the officer sent for us about seven.
SAMUEL MANLEY . I am a boot-maker, and live at No. 9, Maze-pond. 1 was walking in the Borough about seven o'clock that evening, and saw Barnard have hold of this piece of calico, looking at it, which caused me to watch him—then he let it go, and Winch took hold of it—they walked from the shop-door two or three times, till the door-way was clear, and then Winch took it—I followed them through Red-cross-alley, and on to Castle-street, where 1 found an officer, and gave them in charge—Winch asked me what for—I said, "I want that piece of calico you have"—she took it from under her shawl and gave it me—Barnard had been in conversation with her all the time.
Barnard. I had but that minute spoken to Winch; I was not a quarter of an hour out of my mother's place; I did not speak to Winch till we got to the Southwark-road. Witness. 1 am certain they were together, and I saw them at the same shop door together once before; they were then trying a roll of calico; I and an officer were watching them then.
Winch. There was a female with me; the witness never saw this man with me before; he said he was watching us three quarters of an hour, and he must have seen that female; he said at Union-hall that the calico was inside the door.
(Barnard received a good character.)
BARNARD— GUILTY . Aged 21.— Confined Four Months.
WADE pleaded GUILTY . Aged 21.— Confined Six Month.
MARY TRUSLON . I am a widow, and live in Lower Queen-street, Rotherhiihe. On the evening of the 17th of Feb. I saw the two prisoners standing at Mr. Doig's shop window—I passed them and went home—I came back, and they stood at Mr. Doig's door—I went a little way down the street—I came back, and missed Wade—I looked in the door, and Wade had got round the counter—he was kneeling, and without his shoes—I saw him take the till out, and put it on the ground—he then took the money and ran down the street—Murray was still at the window—he ran after Wade—I am sure they are the boys—I had seen them three times before.
PRISCILLA MARTIN . I live at this shop—it is a baker's—Mr. William Doig is the owner—I heard some money rattle—I ran out, and saw Wade on hit knees with the till in his hand—he placed it on the floor, took the money out, and ran away with it—there were two shillings, a halfcrown, and a sixpence taken—I saw Murray at the door.
HENRY GRAY . I am a butcher, and live in Queen-street, Rotherhithe. About nine o'clock that evening, I heard a noise at the prosecutor's house, and saw Murray standing by the window—I saw Wade come out—he stooped down and did something to his shoe—Murray was then coming along, and I sard, "I shall take care of you, you are his companion"—he taid, "God bless you! I know nothing of him, I never saw him in my life"—I took him a little way, and met Wade coming back—I took them both to the prosecutor, and the officer found the money on Wade.
MURRAY— GUILTY . Aged 24.— Confined Six Months.
GUILTY .* Aged 13.— Transported for Seven Years.
777. HENRY GRANT and WILLIAM BRIGHTWELL were indicted for stealing 1 wooden bowl, value 1d.; 1 halfcrown, 4 sixpences, and 1 groat; the property of William John Busby; and that Grant had been before convicted of felony.
ELIZABETH BUSBY . I am the wife of William John Busby. We live at Clapham. Between eleven and twelve o'clock on Saturday morning, the 8th of Feb., I was in the back-parlour behind our shop, and heard the shop door shut—I ran into the shop, and saw no one—I looked over the counter, and saw the till had been robbed—a wooden bowl, containing some silver, a half-crown, and some sixpences, was gone—this if the bowl—I had seen it safe with the money in it ten or fifteen minutes before.
ELIZABETH MARY WELLS . On that morning, between eleven and twelve o'clock, a young man said something to me—I opened the door, and picked up this bowl in my front garden, which is next door, but one to Mrs. Busby's.
WILLIAM BARNARD . I am eleven years old. I saw Brightwell go into the prosecutor's shop that day, and Grant waited outside—when Brightwell came out, they both ran away together—the policeman ran after them—I am sure that Brightwell went in, and Grant waited outside, and then they ran away together.
Grant. I will swear I was twenty yards from the shop. Witness. You were close against the door—I was at the corner of the next street.
GEORGE MARGUARD (police-constable, V 197.) I saw the prisoners that morning near Vauxhall gate—I and Bent watched them—they went up and down several streets till they came to Larkhall-lane, where the prosecutor lives—they went sometimes on one side, and then on the other—I saw Brightwell enter Busby's shop, and Grant was outside—we hid ourselves, and I did not see Brightwell come out, but they both ran, and we pursued them—I saw Grant throw a half-crown and some other money away—one sixpence of it Mrs. Busby can swear to.
THOMAS BENT (police-constable V 95.) I was with Marguard, and followed the prisoners that day up and down different streets, sometimes on one side, and sometimes on the other—I saw Grant walk to and fro by Mrs. Busby's door—I did not see Brightwell enter the shop—I saw them running, and Grant threw some money away.
Grant's Defence. The officers state they saw me throw the money, and the boy says he saw me close to the shop; I wish to know if Brightwell could give me the money while he was running, and I was at a distance from him.
Brightwells Defence. I never went into the shop at all.
JOHN HETHERIDGE (police-constable L 35.) I produce a certificate of Grant's former conviction, which I got from the Clerk of the Peace for Surrey—(read—Convicted on the 5th of Feb., 1843, and confined six months)—he is the person.
GRANT*— GUILTY . Aged 23.— Transported for Ten Years.
BRIGHTWELL—* GUILTY . Aged 22.— Transported for Seven Years.
778. CHARLES WARD and FREDERICK WARD were indicted for stealing one watch, value 2l. 10s.; 1 pair of earrings, 4s.; 1 brooch, 3s.; and 1 pencil-case, 3s., the property of James Ward; and that they had been before convicted of felony.
SOPHIA WARD . I am the wife of James Ward. The prisoners are my children—we live in Wickham-place, Kent-street. On Monday, the 27th of Jan., I had this watch and other things in my drawers—on the Tuesday I went out, and left Charles and his sister, who is ten years old, at home, to mind the house—I told them I should be home about six o'clock in the evening—I came home, and found the bed-room door had been forced open, the chest of drawers forced open, everything turned over, wd the watch, earrings, and other things gone—nothing has been found—Charles was gone, and he did not comeback—Frederick had been home, if his sister said, soon after I went out, but he was gone when I got home—I never found either of them till they were in the hands of the policeman—the watch was worth about 2l. 10s., and the other things about 10s.
SARAH ANN WARD . I know what will become of me if I do not speak the truth—I remember my mother going out that Tuesday—I was left at home with my brother Charles—after my mother was gone, Charles went out, and Frederick came in with him—they went up-stairs, saying they were going to nail the grape-vine—I heard a good deal of hammering for about half-an-hour—they then came down, and said they were going out—they
went out, and did not come back at all—no one else came there that day, I am sure.
HENRY HART (police-constable L 58.) I found the two prisoners in the New Cut, offering two new shovels for sale for 1s. 6d.—I asked where they got them—they said they had them given to them, and then they said their father made them—this was in the evening, on the 31st of Jan.
Charles Ward. I did not do it.
Frederick Ward. I did not do it.
JOHN DELANEY (police-constable M 100.) I produce a certificate of the prisoners' former conviction, which I got at Mr. Clark's office—(read—the prisoners were both convicted on the 10th of June, 1844, Charles Ward having then been before convicted; Charles Ward, confined six months, and Frederick Ward confined three months)—the prisoners are the persons.
CHARLES WARD— GUILTY . Aged 13.
FREDERICK WARD— GUILTY . Aged 12.
Transported for Seven Years—Penitentiary.
779. ELIZA EMERY, MARY DUFFIELD, GEORGE CARTER , and WILLIAM BRITTON , were indicted for stealing 1 watch, value 10s.; 1 seal, 5s.; 1 key, 3s.; and 1 guard, 6d.; the goods of George Morgan, from his person.
GEORGE MORGAN . I live with my father, in King's Bench-walk, Southfark. On the afternoon of the 11th of Feb., about three o'clock, I was at Lowroan's-pond, showing my watch to a boy—another boy, who was a stranger, and who is not here, came up to me, and said, "Is not that a pretty little watch?"—I said, "Yes"—he" said, "Come up stairs, and ibow it to my mate"—I went into the house, and up into a room there—Carter and the other three prisoners were there—I had not known either of them before—I showed my watch to Carter—I held the seal in my hand, and he had the watch—he gave it a pull, which pulled the seal from me—he gave the watch to Emery, she gave it to Duffield, and she gave it to Emery back again—I did not see any more of it, but another little boy said he saw her give it to Carter—I asked all the prisoners for the watch, and they all hallooed out that it was gone, and they all laughed—Carter came down, and 1 followed him—he went back to the house, and told the other little boy to come down—soon after, Carter came down, and 1 followed him to Rowland Hill's chapel, and there gave him in charge r-thia is my watch—I am sure of it.
RICHARD WORCESTER . I was with Morgan—we were both going to work—he was showing me the watch, and a little boy came and said, "Is not that a pretty watch? come and show it to my mate;"—we went up stairs—Carter had the watch in his hand, and Morgan held the seal—Carter gave it a pull, got it away, and gave it to Emery—they passed it all round, and began laughing, and said it was gone—Carter went down, and Morgan followed him—Carter came back, and went down again—we followed Mm to the New Cut, and gave him into custody—the officer brought him back to the room—Emery and Duffield were there—they said they knew nothing about it, and ran away.
Cross-examined by MR. PAYNE. Q. But the girls came to the station
of their own accord? A. Yes—they came to ask how Carter got on—I had been working with Morgan, at making French clogs.
THOMAS WINDSOR ALLEN . I am a pawnbroker. On the evening of the 11th of Feb., about seven o'clock, Emery pawned this watch with roe for 8s., in the name of Peach—there was a female with her, whom I do not remember.
JOSEPH HODGES (City police-constable, No. 31.) I took Britton on that Tuesday evening, about eight o'clock—he had this tobacco-box in his hand—I let him carry it some distance—I then took it, and asked what wu in it—he said, "Only a few buttons"—I found in it the duplicate of this watch.
Carter's Defence. Morgan brought the watch into my place, and asked me to buy it; a young man went out for some errand, and Morgan showed it to him, and asked him to buy it; Morgan offered it to me for 10s.; I said I had not got the money, but I would go and pawn it for him; he said, "It won't do to go and pawn it, we shall get found out; we made it last night of a bug' I said, "What do you call a bug;" I said, "That is what we call a drunken man, in our way;" he said before the Magistrate that he stole it out of a lark; when he said that in the room I dropped the watch, and walked out to see for a policeman; I went back, went out again, and he gave me in charge for stealing it; I never saw it after he took it out of my hand; I don't believe either of them know the title of an oath.
Britton's Defence. I never put a finger on the watch; I picked up the duplicate.
CARTER— GUILTY .— Confined One Year.
EMERY— GUILTY .
BRITTON— GUILTY .
DUFFIELD— NOT GUILTY .
Confined Six Months.
GUILTY . Aged 17.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
CHARLES HEATH SAUNDERS . I am a millwright, in the service of Daniel Watney, who keeps the Wandsworth Distillery. He his what" called a wash-barge—there was a pump on board of it, used for pumping wash into butts—it was worth 15l.
JOHN WILLIAMS . I am a lighterman, in the service of Mr. Daniel Watney. He had a barge in which there was a copper pump—I "aw the barge safe on Sunday evening, the 2nd of Feb., moored oif Mr. Watney's premises, on the Thames, at Wandsworth—I saw the pump in it then—I
missed the barge before daylight the next morning, and found it aground in Battersea Reach, and nobody on board it—the pump was then gone.
THOMAS SPINKS . I am a coppersmith, in the service of Charlotte Simmonds, at No. 7, Waterloo-road, Southwark. On the 3rd of Feb., I bought 105lbs. weight of copper of the prisoner, at 7d. per lb.—I think it came to 2l. 145. 10d.—it was in several pieces, broken up—I bad not known the prisoner—I drank with him after I made the purchase, at the Jolly Miller public-house—I have no doubt of his being the person—I believe Mrs. Simmonds sold some of the copper afterwards to Charles Boore—some of it was in our shop when the officer came on the 4th of Feb.
Prisoner. Q. Did you pay me for it? A. Mrs. Simmonds did—you asked me to go and have a drop of anything to drink, and I did.
COURT. Q. Were you ever tried for receiving stolen goods? A. No, there has been nothing of that kind since I have been there, which is seventeen years—the prisoner had more than the full price, for my mistress did not know that it had fallen in price—it was knocked up in pieces and brought in the middle of the day.
Prisoner. He said first he knew me, and then he said he did not know me. Witness. I said directly I saw him that I knew him to be the man—I described him to the police.
JOHN MANNIE (police-constable V 70.) I went to Mrs. Simmonds' shop, and took possession of some copper on Wednesday, the 4th of Feb.—she gave me every facility to get it—I made every inquiry—her shop is a respectable one.
JOHN WILLIAM GRIFFIN (Thames police-inspector.) I apprehended the prisoner on the 8th of Feb.—he saw me when I was about twenty yards off him, and directly ran away—I took him from the description of the witness—as far as Simmonds was concerned I found every facility.
Prisoner, I had a summons out against me, and I thought it was for that.
Prisoner to CHARLOTTE SIMMONDS. Q. Was I the man that sold it? A. I thought you not so tall as the man I paid for it, by half a head—I said there was a resemblance in the features, but you are not so tall.
COURT. Q. Do you or do you not believe him to be the man? A. I could not swear positively—I should say he is not the man.
COURT. Q. Had you ever seen him in the shop, selling before? A. No, I am sure my mistress was in the shop—he came about eleven o'clock, and was there twenty minutes—I did not hear my mistress ask him who he was, or where he came from—I did not see her put it down in the book.
Prisoner. Q. Did you go to another person's house and find some property belonging to the pump? A. No.
Prisoners Defence. I think there are two young fellows outside who can prove I was with them at the time the copper was sold.
COURT. Then it cannot be the same.
GUILTY of larceny only. Aged 24.— Transported for Seven Years.
JAMES YOUNG . I am agent of the house in Fancy-street from whence this copper has been stolen—it is Mary Rait's—I have the care and custody of it—I have not seen the copper safe in the house for six months-f believe no one has seen it since—I was called on Wednesday, 12th Feb.—I went to the place and saw where it had been taken from.
CHARLES COLE . On Wednesday morning, 12th Feb., I met the prisoner and another lad with him—one of them was carrying this copper—I followed them, and two more met them—they threw down the copper and went on—I followed them to York-street, Was worth-road—I asked the prisoner where he got that copper—he said he had it given to him by some man—the officer took him—this is the copper.
JAMES BAKER (police-constable B 98.) On the 12th Feb. I was coming up York-street, and saw the prisoner, whom I knew perfectly well, and two or three more men—I saw there was a copper, and I heard Cole lay, "Where are you going to take that copper? I dare say you stole it from tonw poor man, take it back"—I went up, and the prisoner said two men gave it him—I asked him where he was going to take it, and he said "Home"—I took him to the station, on suspicion of stealing it—I found on him I candle which had been lighted—I saw there was an empty house in Fancy-street, and could trace, by the footmarks in the snow, that some one had been to the back door of the house—I found the back door open—a copper had been taken away, and all the brick-work lately pulled down—I fitted this copper to the place, and I believe it is the one that came from there—I took the prisoner's shoes, which were worn very much down at the heel—I tried them with the marks in the snow, and believe they correspond—I put the shoes in the marks, but before I put them down I examined them particularly—there had been liquor in the copper and it was turned out on the snow.
JAMES YOUNG re-examined. I have looked at this copper, and I firmly believe it is the one belonging to that house—the mark of where it had been turned over was on the snow, which corresponded with the side of the copper.
JOHN SMITH (police-constable P 60.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—Convicted 5th Feb., 1844, having been before convicted, and confined six months)—the prisoner is the person—he has been ten times in custody.
GUILTY . Aged 17.— Transported for Seven Years.
CHARLES BALLETT FLETCHER . I live in Albany-street, Wandsworth-road. I had some tame pigeons on the 15th Feb.—I saw them safe that afternoon, confined in a wire aviary in my garden—they were not allowed to go out—I do not know the prisoners—they had no business in my premises.
Cross-examined by MR. PARRY. Q. Did not they live near yon? A. I have heard so since—I am sure the pigeons were worth as much as 7s. 6d.—these are my pigeons.
THOMAS BENT (police-constable V 95.) In consequence of circumitances I hid myself in the prosecutor's garden on the 15th of Feb.—at a little after six o'clock I fastened the door of the aviary with a piece of wood—there were at this time six pigeons in it—I sat there till twenty minutes past eight o'clock—I then saw five boys come over the wall and go to the aviary—I heard one of them say, "I have got a nice one"—another said, "That is a dragon"—I got out and saw the prisoners—I caught Farr on the wall with a dark pigeon in his hand—Alfred Pearce had got a white one in his hand—the other boys got away.
Cross-examined. Q. Did you know the others who escaped? A. No—I have ascertained there was one boy named Claridge—I thinkby what I have heard since he was one of them—Pearce's father is a plumber, and as far as I know a respectable man.
FARR— GUILTY . Aged 13.
GEORGE PEARCE— GUILTY . Aged 16.
ALFRED PEARCE— GUILTY . Aged 12.
Confined Four Days, and Whipped
784. GEORGE MILLER and THOMAS TURNER were indicted for stealing 1 cash-box, value 2s.; 40 sovereigns, 12 half-sovereigns, 4 crowns, 8 half-crowns, 8 shillings, and 2 sixpences; the property of Benjamin Waugh Hawkins, the master of Miller, in his dwelling-house.
MR. WILDE conducted the Prosecution.
BENJAMIN WAUGH HAWKINS . I am a cheesemonger, and live in Black Prince-row, Walworth-road. Miller was my errand-boy—on Saturday, the 1st of March, I had a cash-box in my possession—I had not seen it at "H that day—I saw it on the Friday evening, when I took it up stairs—it contained 45l. in gold, and 2l. 10s. in silver—in consequence of some communication I gave Miller into custody on that Saturday evening, about "wen o'clock—I had sent him out with a rabbit—I do not know whether b" bad had his tea when he went out, but I told him to have it—supposing the cash-box to have been in the parlour, that was the room where he would have his tea—he was a very short time at his tea, not one-third of his usual time—my wife said to him, "William, you cannot have had your tea"—he said, "Yes, I have"—she said, "You must have got it by steam."
Cross-examined by MR. BALLANTINE. Q. You thought there was only 35l. in your box at first? A. Yes—I was not aware till I made up my book what I had—my box had a handle—it was a middle-sized cash-box—I have seen larger, and I have seen smaller ones—my shop is a corner wop—the cash-box was supposed to be taken from a recess by the side of
the fire-place—there is no window in that recess—a large glazed window parts the shop from the parlour—we have a window in the kitchen and the kitchen connects itself with a passage which leads from the parlour—that window is low down—a person coming through that window would some through the kitchen and through the passage to the parlour—there is a sky-light in the parlour—I had cautioned Miller about the kitchen window—I told him always to shut the shutters—a man once pat his hand through a broken square of glass that was in the kitchen—from where I was in the shop, and at the shop window I could see into the parlour.
MR. WILDE. Q. From the place you were in your shop, could you see whether any one entered the parlour? A. Yes—there was a broken square in the kitchen window at that time—while I was in my shop I had such a view of the parlour that no one could have gone in while Miller was there, from half-past six o'clock till seven o'clock—it was impossible to open the kitchen window through the broken square—it had two drops to it.
COURT. Q. When did you see the kitchen window safe? A. When we went into the kitchen with the policeman, which was after eight o'clock—the wooden drops were then perfect, and down, and there was some crockery under the window—if any person had got in there, they must have broken it.
MARTHA CLAPTON . I live with Mr. Hawkins. I was in the parlour on Saturday, the 1st of Feb., and saw Miller there about half-past six o'clock—he was going to have his tea—I had been undressing the child, and put its shoes and stockings on the cash-box, which was on the side-board—I am sure of that—it was where the cash-box was usually kept—Miller was there at tea—I was in the room with him three minutes, then I went out and left him there—I went into the shop—he came out in five minutes afterwards, and went out—there was no other mode of going out but through the shop—he had this basket with him when he went out, and a rabbit in it—he took the eggs off the counter and put them into it—it was covered with this cloth—he returned in about a quarter of an hour—about five minutes after he came out of the parlour, I discovered the cash-box was gone—I went to put some coals on the fire, and saw the child's shoes were in the scuttle, and its stockings were on the floor—I had laid them on the cash-box on the sideboard—the coal-scuttle was under the sideboard—I was in such a position as to see if anybody went into the parlour, and nobody had been in the parlour but Miller.
COURT Q. Was the cash-box too large to have gone into this basket? A. No.
Cross-examined. Q. How old is the child? A. Two years and half old—it sleeps on the first floor—I took it up to bed after putting its shoes on the cash-box—I did not leave any one down stairs in the parlour—I went up through the passage, which leads to the kitchen—there is a door from the parlour into the shop—I undressed the child with that door open, and the shop door was open likewise—I undressed the child up in the corner where the cash-box was, not opposite the door, where draught would come in—I did not tell Mr. or Mrs. Hawkins that I was going up to put the child to bed—Miller had not gone out when I put the child to bed—I left him in the shop—I cannot say that he had the basket in his hand—I went into the shop after the child had been undressing
was gone to bed—I had come down into the parlour, and then hearing another child cry, which was in the shop, I went in, but I had got the prisoner's tea ready first, and he was having it in the parlour when I went into the shop—he had got his basket before he got his tea—I did not see the basket in the parlour at all—when I noticed it was at the back of the shop—it had an Ostend rabbit in it, which was cut up into joints—I bad seen it before he had his tea, standing at the back of the shop, on a tub—it was after he had his tea he put the eggs into the basket—it was about eight—he laid them on the rabbit, under the cloth—I had not moved the cloth to see the rabbit—the cloth was turned up, and the rabbit was lying underneath—it was cut up to make a pie—it was in a bit of paper—I saw the limbs of the rabbit—it was not covered all over—Mr. Hawkins was in the shop, but he did not give Miller the eggs—he took them off the counter—when I went up to put the child to bed, Miller was in the shop—when I came down I had to get his tea ready—I was in the parlour three minutes while he was having his tea—when he went out he might be ten minutes or a quarter of an hour gone—it is a small sized shop.
JURY. Q. Was there straw in the basket? A. Yes—the cash box was in the room when he went in—my sister, Mrs. Hawkins, was in the shop, and Mr. Hawkins—I did not see the basket when I took the child upstairs—I saw it when I went in the shop after I put the child to bed.
COURT. Q. We do not quite understand this, you saw the rabbit in the basket? A. Yes—I had been up stairs and come down again, and got his tea—when I came down he came into the parlour—then I went into the shop, and saw the basket at the back of the shop with the rabbit in it, bat not the eggs—I had remained in the parlour about three minutes with him, then I went in the shop, and took the baby—I had been in the shop five minutes when he came into the shop, put the eggs into the basket, and went off—the basket was in the shop near the glass partition—I did not see him come out of the parlour, nor take up the basket—whether he took it up in the shop or brought it out of the parlour I cannot tell—he was in the parlour five minutes after I came out of it—he generally takes twenty minutes or half an hour for his tea—I thought that day he was very quick—my sister said to him, "You have taken tea with a steam arm"—and I said "with a steam tongue—he seemed very much agitated when he came out.
BENJAMIN BEACH . I live in Caroline-place, Walworth-road, and am an erand boy—I know the prisoner Turner—I have not seen him for a long time talking to Miller, but on the Saturday Miller was taken, I saw Turner at eleven o'clock that morning, walking by and standing opposite to Mr. Hawkins's shop—I saw him again at half-past two on the same side of the way, and I saw him again at night between nine and ten.
COURT. Q. Had you ever seen them talking together? A. Yes—I should say a month before they were taken, they were close to Mr. Hawkins's shop.
GRACE STANTON . I live with my parents in Baker-street, Walworth—On Saturday, 1st Feb., I was fetching my mother half-a-pint of beer about half-past five o'clock, and saw the two prisoners and another person with them, speaking together near M r. Hawkins's, a little way down the court, against the tubs.
shop, with a man who was selling dolls' clogs—I used to go on Saturday nights by Mr. Hawkins's, to watch the window while Miller was away—I did not see Miller and Turner talking together that evening—I did about a month before.
JOHN JAMES STEDMAN (police-constable P 151.) I apprehended the two prisoners—when I took Turner, he said if he had been aware what I wanted he would have given me a d—fine job to have taken him—in consequence of information, I had watched his residence on the Monday night till after one o'clock, and on Tuesday night again, and he did not come home—Miller was taken on the Saturday evening.
Cross-examined. Q. Did you search Turner? A. Yes—I searched his room and box—Miller's is the same room—I went to the house before Turner was taken, by permission of his father, on the Monday—I did not see Turner come home, but I heard he had returned—he did not come while I was watching—I saw his father go in and out of the house—I cannot answer that he was not in the house.
COURT to BENJAMIN WAUCH HAWKINS. Q. Supposing the window had been opened by anybody at any time, if it was shut again would not the drops drop down themselves? A. Yes, they would.
Turner's Defence. I was not in the Walworth-road at the time they say; my mother and my sister can prove that.
HANNAH TURNER . I am the prisoner's sister. My brother was at home, at No. 3, John-street, East-lane, Walworth, on the Saturday that Miller was taken—he was at home in the morning and in the afternoon, from half past one o'clock till five minutes before Mr. Hawkins came, which was between eight and half-past eight—he was turning the mangle for me from two o'clock that afternoon till five minutes before Mr. Hawkins came—he had his tea about five o'clock—my father, I, and my brother, had tea—my mother was out—she had gone out, I think, a week before, to nurse a person—she bad been at home that morning, and my brother had been turning the mangle for her—she went away a little after twelve, and did not come home again till after eight in the evening—I was mangling from two till eight—different persons came and brought in parcels of things to be mangled—Mrs. Stepto was one person who brought things—I do not know whether she saw my brother—I only took the things at the door—I cannot think of any other person who came—there were different strange people.
MR. WILDE. Q. Did he sleep at home on the Friday night? A. Yes—he breakfasted at home.
NAOMI TURNER . I am the prisoner's mother; I was out nursing at the time this happened. On that Saturday morning I had some things to do—I ran home about ten o'clock, and stopped to do them till about twelve, and then was obliged to leave, to go to my place—my son was at home then—I did not come back till between nine and ten at night.
NOT GUILTY .
HENRY COLLINS . I went into the Alfred's Head coffee-shop, at the corner of the London-road, on the 9th of Feb.—I was in the house till daybreak—the prisoner came, and would not let me alone—she wanted me to go home with her—I at last went with her to No. 13, Princes-street—I
went up stairs, and laid on the bed with her—I found her hand fumbling about me, and I told her of it two or three times; however, she got my watch away—I found the guard of it dangling about my waistcoat—I called out for a policeman—there was another female there, but I knew she had not the watch—both the females were on the bed with me—the policeman came up, and asked me if I would give the other girl in charge—I said, no, I knew she had not got it; I knew the prisoner bad, because I had felt her hand about me—there was nobody else in the room—I have never found my watch.
Cross-examined by MR. BALLANTINE. Q. What time in the morning did you meet the prisoner in the coffee-shop? A. About two o'clock—I am chief-mate of the Mongolia—I had left the ship when they shot the dock-gate—I was perfectly sober all the time—I went home with the girls between eight and nine in the morning—I did not want the prisoner, but the other girl—I missed my watch directly the prisoner got clear of me—she went away—the other girl stopped in the room—I am not sure whether the other came down when I did—I have not seen her since.
COURT. Q. Are you sure that the other girl had no opportunity of taking your watch? A. I am confident of that—the guard was round my neck, and the prisoner kept fumbling in my left waistcoat pocket, and when the got from me I found my guard was out.
ANN WATSON . I keep the house in Princes-street. At half-past nine o'clock in the morning the prisoner and another female came with the prosecutor—the prisoner came down afterwards, and I heard her say, "Let him stop"—I said, "You are not going like that, to leave him here"—she rushed out past me, and the prosecutor sang out, "I have lost my watch"—I said, "One girl is gone, but I will stop the other"—he got a policeman—he would not give the other girl in charge—he said he had searched her, and was sure she had not got it.
Cross-examined. Q. Do both these girls frequent your house? A. The prisoner did, but not the other—she has called in twice since to ask if we had heard about the watch.
EDWARD DIXON (police-constable L 85.) The prosecutor came to me a few minutes before ten o'clock, and complained he had lost his watch, and, as I understood him, some money—I took the prisoner on the 13th—I said, "Miss Courtenay, I want you"—she said, "About what?"—I said, "Come to the station, and you will know"—she said, "Is it about the watch?"—I said, "Come, and you will know"—she said, "If it is about the watch, it was the other girl that went into the room with him."
NOT GUILTY .
Before Edward Bullock, Esq.
SAMUEL ATKINSON RICHARDS . I live in Brett's-buildings, Camberwell, and am a chemist. On the 22nd of Jan., at half-past nine o'clock, I was called to my shop, and the prisoner asked me for a seidlitz powder—I served him and left the shop in charge of my son—I was called down soon after and missed the glass case off the counter, and which I had put the it powder on—it contained smelling-bottles—I ran out and overtook
Fuller at the bridge about half-a-mile off—I made inquiries of him and went to the King's Arms—I saw the prisoner there, taking half-a-pint of ale—I said he was in my shop a short time ago—he said, "What shop?"—I said, "Mr. Richards, a chemist in the road"—he said he had never been there—I said, "You know you were in my shop and had a seidlitz powder; I supplied you myself"—he said he had forgotten it—I told him I missed a glass case—he said he would go with me—he came home, and I gave him in charge—I am sure he is the person.
Cross-examined by MR. DOANE. Q. As you were going along you charged him with taking the glass case? A. I charged him in the public-house—I repeated it as we were going along—I did not say I had missed my glass case and I should put it on somebody, I should put it on him.
JOHN RICHARDS . I am the prosecutor's son—I am eleven years old—my father left me in the shop on the 22nd of Jan.—the prisoner came into the shop and asked for a pennyworth of shellac;—I am sure it was him—I went up to call my father, and before I could come back the prisoner had gone, left the shop-door open, and taken the glass case—I am sure it was on the counter when I went to call my father—I did not see the prisoner take it—I ran to the shop-door, and saw him on the other side of the way—he began to run, and I lost sight of him.
Cross-examined. Q. Are you quite sure he is the man? A. Yes, I had not seen him before.
JOHN FULLER . I live in Stamford-street. I work at a coach-maker's three doors from the prosecutor's—about half-past nine o'clock that morning I saw a man with a glass case under his arm—his coat was not buttoned, and I could see the glass—he went on the opposite side and this prisoner was there, talking to him—the other one went down Southampton-street—I followed the prisoner, who went into the King's Arms and had half-a-pint of porter or beer.
Cross-examined. Q. You saw him go into the public-house? A. Yes, I looked in and saw him at the bar—I then told Mr. Richards.
COURT. Q. You saw the other man, with the glass case, before you saw the prisoner? A. Yes, and he went down Southampton-street.
NOT GUILTY .
787. WILLIAM EVANS was indicted for stealing 3 saws, value 1l.; 1 plane, 5s.; the goods of Philip Harvey Taylor; and 1 saw, 5s., the goods of Richard Hunt; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 35.— Confined Twelve Months.
788. THOMAS OWEN was indicted for stealing 13 pairs of gloves, value 13s.; 2 pairs of braces, 6d.; 2 nightcaps, 6d.; 2 handkerchiefs, 2s.; 6 neckerchiefs, 18s.; 2 cravats, 1s.; 2 pairs of mittens, 2s.; 1 stiffener, 6d.; 3 neck-chains, 6s. 6d.; 1 locket, 2s.; 1 pencil-case, 3s.; and 1 knife, 1s.; the goods of Charles Eastwood, his master; to which he pleaded
GUILTY . Aged 23.— Confined Six Months.
GUILTY .— Confined Four Months.
Before Mr. Common Sergeant.
MR. BALLANTINE conducted the Prosecution.
ANN USHER . I am the wife of James Usher. We live in Wickham-place, Kent-street—on the 23rd of Jan. I pawned two shirts at Mr. Baruett's—they were taken in by the prisoner—I knew him—I redeemed them on the following Thursday or Friday morning—I produced the duplicate, and paid 4s., and 1d. interest—I had pawned two other shirts on the 29th of Jan. for 2s. 6d.—I redeemed them on the same day for 2s. 6d. and a halfpenny—I paid it to the prisoner, and gave the duplicates back at the lametime—on the 29th of Jan. I pawned two other shirts for 4s.—I redeemed them on Thursday night or Friday morning following—I paid the prisoner 4s. 1d. for them, and gave him the duplicate.
MARIA BROCK . I am the wife of Thomas Brock, of Deverell-street, Dover-road. I pawned a jacket with the prisoner at Mr. Barnett's shop, for 3s. 6d.—I redeemed it on the 30th of Jan.—I had pawned a shirt for 2s.—I redeemed them both, and paid 5s. 6d. altogether to the prisoner—this is the duplicate I received for the shirt.
JOHN BOSWORTH . I am in the service of Mr. Barnett. The prisoner was in his service—he left on the 5th of Feb.—he and I had slept together in a turn-up bedstead, in the shop—on the morning of the day he went away he said, if I could find his pocket-book he would give me a sovereign—he left about seven o'clock in the evening—afterthat I let down the bed which the prisoner had slept in the night before, and the pocket-book and two small bundles fell out of it—my master was about half a yard from me at the time—I picked them up, and gave them to him—I had seen the prisoner write a card at one time, and I saw that card in the pocket-book.
Cross-examined by MR. CLARKSON. How long have you lived with Mr. Barnett? A. Two years—the prisoner was with him about eighteen months—I have not often been charged with telling my master lies—perhaps I may have been charged half a dozen times—I have told him stories—the prisoner used to go to dinner at one o'clock—no other persons had charge of the shop—when the prisoner went to dinner I used to remain in charge—he was absent from twenty minutes to half an hour—when pledges are redeemed, the ticket is taken off the goods when they come down the spout, apd pinned to the ticket returned by the pawner—they are put into a box "bove the till, which box is left open for the convenience of the business, to put them in and out—the prisoner had asked me about his pocket-book about two months before he went away, and told me he had lost it—he went way in consequence of having broken some smelling-bottles—I have seen his father come to the shop—the till was open, as well as the ticket-box, when the prisoner was in the shop, but when he went to dinner he always pushed the till in—the moment I turned down the bed the pocket-took fell out—I had turned the bed down every night—the book fell from between the bed and the sacking, I think—when the till is pushed in it does not lock, but it cannot be pulled out without
making a noise; but when the prisoner was at dinner in the parlour he pushed the till in, and pulled the blind up, so that he could see into the shop—I remember his losing a half-sovereign—he did not ask me about it—I did not know he had lost it till I happened to pick up one the same night—the book is not made up at the time of the redemption of the pawn, not till after the shop is shut.
MR. BALLANTINE. Q. You say, on about half a dozen occasions you have been charged with telling lies? A. Yes—the prisoner may have asked me whether I had done what he set me to do, and I have told him I have, when I have not—I have not told any other lies—he told me he had lost his pocket-book two months before, and if I should find it to give it him—and on the day he left, he said, "There is my pocket-book, I should not like to go away without it; if you can find it, I will give you a sovereign"—I gave the half-sovereign to the servant, who handed it to Mr. Barnett—he called the prisoner, and told him he was very careless with his money—this till was an open one—it is a drawer, and pulled open—I never went to the box—I did not put the duplicates in the bed where they were found—the box was over the till—when he went to dinner he could see the box as well as the till—if any customers came in while he was at dinner, he was called out to serve.
FRANCIS LYON BARNETT . I am a pawnbroker, and live in Roebuck-terrace, Dover-road—the prisoner was in my service for a year and a half—he slept in the shop—it was his business to take in pledges, and receive the money for them when redeemed, to put the money into the till, and the duplicates which the parties brought, into a box placed orer the till, and enter the receipt of that money in a book which I have here—the account was made up nightly—the duplicates were compared with the money, and the amount was ascertained by that means—I hare referred to the book—on the 30th and 31st of Jan. there is no entry of 2s. 6d. or of 4s., on either of those days—I have looked at the days immediately before and after—I find no such entries with reference to the articles in question—if that money had been paid, it should have been crossed out in the book—this jacket and two shirts are not crossed out—as far as appears by the book, they appear to be in pledge still-there is no receipt of 5s. 6d. acknowledged on the 31st of Jan., on account of a jacket—there is an entry of a shirt pawned for 2s. on that day—the prisoner left me on the 5th of Feb.—I was in the shop when Bosworth was making the bed that night—he handed me over this pocket-book, and these two packets of duplicates—the pocket-book also contained duplicates—the duplicates which refer to these trapsactions were some in the pocket-book and some in the parcels—these are them—(producing them)—here are two duplicates pinned together—they ought to have been in the box over the till—the prisoner had no right whatever to have them—at the time he received the money he ought to have put the money and the interest in the till, but not to have put the interest on the duplicate if it were under a month.
Cross-examined. Q. It is usual to make up the books at night? A. Yes—I gave him in all for wages, 54l. 6s. 6d.—when he left me, he said he was going to Old-street, and that was the place where I found him.
COURT. Q. Supposing a man redeems an article, should it be crossed out at that time, or at night? A. At night—the accounts are made up from the duplicates at night.
NOT GUILTY .
CHARLOTTE RIGO . My name was Charlotte Gill. I have been in the habit of pawning at the prosecutor's shop in that name, for about a year and a half—sometimes as often as two or three times a week—sometimes not so often—on the 7th of Dec. I pledged a black satin waistcoat for 6s.—on the 5th of Feb. I pawned a pair of boots and a black shawl for 4s., and redeemed the waistcoat—I paid the 4s. and a half-crown, which was 6s. 6d.—I had 3 1/2d. in change—I pawned the things, and redeemed the waistcoat of the prisoner, about a quarter to one o'clock.
MARY ANN MOY . On the 24th of Jan. I pledged a cloak at Mr. Barnett's, for 5s.—I redeemed it on the 30th of Jan., and paid 5s. 1d. for it, to the prisoner, about two o'clock in the day—I returned the duplicate.
HENRY BANGER . On the 30th of Jan. I pawned two window-blinds and six shirts at Mr. Barnett's—I redeemed them the next day, and paid 6s. 1 1/4d.—I gave the money and the duplicate to the prisoner about half-past nine in the morning.
JOHN BOSWORTH . I am sixteen years old. I have been in the prosecutor's service two years—on the day the prisoner left I had got up about half-past seven o'clock—the prisoner and I generally got up together—I do not recollect which got up first—I turned up the bed in the prisoner's presence, before he was out of the shop, and before the shop was opened—I always made the bed and turned it up—I did not then see any pocket-book, or any articles in it—they might have been between the bed and the sacking, and I not have seen them—about two months previous, the prisoner told me he had lost a pocket-book, and if I found it, to give it to him—he did not mention it again till the morning of the day he went away—hi said he had something in it that he would not lose, and he could not get some little affairs settled till he found it—I had never seen the pocket-book—I had slept in that bed every night, and I had turned it down the preceding night—I turned the bed over the night the pocket-book fell out—I had not turned it over for about a week before—on this night I heard something—I turned round, and it was the pocket-book—Mr. Barnett was there—I gave it him directly, and the parcel—some time before I had seen the prisoner writing on a card.
MR. CLARKSON. Q. Do you mean the same thing by turning the bed-stead down as turning it over? A. The bedstead folds up together in the middle, something like a book—there is no mattrass—the bed shuts up in the bedstead—it does not shut flat down together—there are hinges in the middle—when I turn it down I pull it from under the counter—on that right I turned the flap over a little, and then pulled it out—the bed did not come with it, and at that time these articles slipped out—according to my notion, they must have been between the bed and the sacking.
MR. BALLANTINE. Q. Before the prisoner left, you had seen him writing on a card? A. Yes—this card found in the pocket-book is the card, or one similar to it—I saw him drawing some lines on it, and I recollect the name of Corby being on one side of it, as it is on this—I saw him take it out of a krger pocket-book—I never had it in my hand till it was taken out of the Pocket-book—I know this writing on it is the prisoner's—I saw this card about a month before the 5th of Feb.
and before the prisoner came—I found no deficiency—the stock was all right—Bosworth and the prisoner slept in the bed in the shop—it was the prisoner's duty to superintend the business, to take in pledges, and when pledges were redeemed he was to put the money into the till, and the duplicates which he received—we always had the ticket crossed out in the book before eight o'clock at night—I have my books here—here are the duplicates of Moy and of Banger, which is in the name of Cooper—I have not the duplicate in the name of Gill—these duplicates are not crossed out in the book—it was the prisoner's duty to have done so—here is in the book a pawning on the 7th Dec, which is not crossed out—if this article had been redeemed on the 5th of Feb. it ought to have been crossed out—I was present when this pocket-book was found—I found this card in it, which is in the prisoner's writing.
JURY. Q. Had Bosworth anything to do with the books or the pledges? No—not with taking the pledges or entering them—he was kept in the warehouse—he had no duties to perform in the shop—I took stock on the Sunday before the prisoner came, or on the Sunday week, and all was correct then—the prisoner knew he was to leave on the 5th of Feb., three weeks before.
NOT GUILTY .
ROSA HART . I am the wife of Henry Hart—we live in the New Cut, Lambeth—the prisoner was in my service—on the 19th of Feb. I sent her out for work—she had a parcel under her arm—I called her back, and asked what she had there—she said, some dirty clothes to take home to her mother—I told her it did not look well to carry two bundles through the street, and to tie them together—she said she did not like it, as there was something in one that she did not wish me to see—I said that was nonsense—she opened the bundle, and these black trowsers fell out—I said, "Where did you get them?"—she said she found them between two beds that morning—I said that was an untruth—I called a policeman—these are my husband's trowsers—when the policeman came she said, "I will tell the truth, I took them from the shelf, on the right hand side."
Cross-examined by MR. CLARKSON. Q. She began to cry? A. Yes.
COURT, Q. In what state is her intellect? A. Very good—she had been with me a month, but her going out so often with a bundle caused me to suspect her.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy. — Confined Three Months.
Before Edward Bullock, Esq.
MARY ANN WATTS . I am the wife of Frederick Watts—we live in Southwark. On the 27th of Feb. I sent my daughter Frances, who is five years old, to school, which is less than one hundred yards off—she went by herself at half-past two o'clock, and had then a cloak and handkerchief on—at half-past four she was brought back by Mr. Jones and Mrs. Jeal—she had not got her cloak and handkerchief on then—the prisoner had once
been my servant, and on the Monday previous to this she had called at my house, and had been sent to fetch the child from school.
ELIZABETH OLDFIELD . I keep a school in Great Union-street, Newington-causeway—Frances Watts comes to my school—on the 27th of Feb., at half-past three o'clock, the prisoner came to fetch her—she had done go on the Monday before—the child went with her—she had this cloak on—I cannot say she had the handkerchief.
THOMAS JOHN JONES . I am a cow-keeper, and live in East-street, West-square, Walworth. At half-past four o'clock that afternoon I saw the prisoner, who had this little child with her—in consequence of what Mrs. Jeal said to me I asked the prisoner who the child belonged to—she told me a lady gave her the child to take a walk—I asked where the lady lived—she told me to mind my own business, and what was that to me—the child showed me her way home—I delivered her to her mother, and gave the prisoner into custody—this cloak was on the prisoner's shoulder, and this handkerchief had some oranges and apples and biscuits in it, tied up.
ELIZA JEAL . I saw the prisoner with the child that afternoon—I recognised her, and followed her—I asked her whose child it was—she said her mistress's—I spoke to Jones—the prisoner had this cloak on her shoulder.
Prisoner's Defence. I frequently went to see the children, and I asked Mrs. Watts if I might go and take the child a walk; she said I might have it any time to take a walk.
NOT GUILTY .
ELIZA JEAL . I am the wife of George Jeal—we live in the London-road—about two o'clock in the afternoon, on the 26th of Feb., I sent my two children to walk on the pavement—the eldest, George John Jeal, is four years old, and the other, Thomas Ralph, is two—I told my servant to put on her bonnet, and follow the children, who had just gone outside the door—she did so, and returned without them—I did not see the children again till six in the evening, when the policeman brought them to me—I missed from the youngest child a neckerchief, which I am quite sure he had on when he went out; and from the eldest child I missed a pair of shoes and a pinafore—the next morning the prisoner came to our house, and asked if that was where the children were lost from—I told her it was—she said, "I am the person who took the clothes, and here is the duplicate"—she put it down, and my husband gave her into custody—these are my property.
Prisoner. I was taken up, and the Magistrate said if I was sorry for what I had done I might go.
JOHN HOLDAWAY (police-constable, P 169.) I produce a certificate of the prisoner's former conviction, which I got at this court—(read—Convicted on the 19th of Aug., 1844, and confined six months)—the prisoner is the person.
GUILTY . Aged 17.— Transported for Ten Years.
NOT GUILTY .
ADJOURNED TO THE 7TH OF APRIL, 1845.