CENTRAL CRIMINAL COURT.
EIGHTH SESSION, HELD JUNE 16TH, 1845.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT COURT, FLEET-STREET.
On the Queens 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, June 16th, 1845, and following Days.
Before the Right Honourable MICHAEL GIBBS , LORD MAYOR of the City of London; Sir John Patteson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Thomas Joshua Platt Knt., one of the Barons of Her Majesty's Court of Exchequer: William Thompson, Esq.; Sir Peter Laurie, Knt.; William Taylor Copeland, Esq.; Sir John Pirie, Bart.; Sir William Magnay, Bart.; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the City; John Johnson, Esq.; Sir George Carroll, Knt.; John Kinnersley Hooper, Esq.; John Musgrove, Esq.; William Hughes Hughes, Esq.; and Francis Graham Moon, 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. EIGHTH 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, June 16th, 1845.
First Jury, before Mr. Recorder.
1233. SAMUEL KNIGHT was indicted for stealing, on the 11th of June, a cask, value 6d.:— also, on the 2nd of June, 3 books, 6d.; and 2 boxes 1s.; the goods of James Allen Sharwood, his master; to both which he pleaded
GUILTY . Aged 21.— Confined One Year.
WILSON HARROLD . I am mate of the schooner, Conserbative, lying in the basin of the London Docks. On Friday, the 13th of June, I missed a watch from the state-room of the vessel—I saw the prisoner, on board and asked what he was doing—he said he was there to see a shipmate who has left his vessel to join ours—half an hour after I missed the watch—I went with an officer on board the Elephanta, which lay astern us, and the prisoner was brought to me with the watch—he said he did not know what caused him to do it, it must be the devil enticed him to take it—this is it.
JOHN SAYER . I am a constable of the London Docks—the prisoner had a berth on board the Elephanta—I found this watch in his berth, in the medicine-chest of the vessel, which was in his berth—the watch was concealed and the bottom of the drugs—the prisoner began crying and said he mus have been in the power of the devil or one of his imps, which induced him to take it—he was entrusted with a good deal of property on board.
Prisoner. The watch was not concealed.
Witness. It was at the bottom of the chest and tow or something over it—he particularly requested I would search his clothes-chest, which I did before going to the medicine-chest.
Prisoner. I must have been tipsy at the time, and forgot all about it WILSON HARROLD re-examined. He appeared like a person intoxicated—he had no business on board the vessel.
(The prisoner received an excellent character.)
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
JOHN GRAHAM . I am in the employ of Thomas Hall, 103, Bishops-gate-street. On the morning of the 16th of May, the prisoner and a young person came and asked to see some ribbons for neck-ties—I counted the number of rolls in the box—the prisoner bought and paid for one yard at 9d.—I missed a piece, and as they were going out they were charged with taking a roll of ribbon—both denied having it and said they were quite willing to be searched—we said we would search them if they walked backward—they had to pass through the counter, and as the prisoner passed through she dropped the ribbon—I am sure she dropped it—it appeared to fall from under her shawl—this is the roll—it has our shopmark on it and was never sold.
Cross-examined by MR. PAYNE. Q. Was the other older than ber? A. Rather younger, I think—she was discharged—I think I have seen them both at the shop before—the other was in front of the prisoner when she was charged—they were about a yard and a half apart—I was about half a yard from her when she dropped it—where I was I could see it dropped, but the policeman was on the other side of the counter.
COURT. Q. How far had the prisoner moved from where the ribbon dropped, when you charged them? A. Six yards.
THOMAS JACKSON (police-constable C 640.) I saw the ribbon fall—it might be five or six inches from the ground when I first saw it in the act of falling—I cannot say from whom it fell—I was behind the counter—they both had shawls on—I think there was not time for it to have fallen from the one in advance of the prisoner—they were about half a yard apart, I should say.
JOHN GRAHAM re-examined. The counter-flap was lifted up for them to go through, and as the prisoner went through it waa dropped—that was about a yard and a half from where it was kept—the ribbons had been put away some time when this fell.
NOT GUILTY .
CUTMORE pleaded GUILTY .* Aged 20.— Confined Nine Months.
OWEN pleaded GUILTY .* Aged 16.— Confined Six Months.
HENRY MERRITT . I live in Cable-street, Wellclose-square, and am shopman to Mr. David Julian, a boot and shoe maker—on the 6th of June, between one and two o'clock, I saw the three prisoners together, these goodi hung at the door—I saw Cutmore put up his arm, take them off the nail, and pass them to the other prisoners—one pair fell at his feet—I went out, laid hold of him, and said I wanted him—he said, "I have not got the goods: there is the one who has got them"—I brought him into the shop—the other two went on—the policeman brought them back with the goods
—they had moved off pretty quick when be took them—they were all three close together at the time.
HENRY JOHN TEAGUE (City policeman 410.) I saw Owen and Callard together in Budge-row, about a quarter of a mile from the prosecutor's, on the 6th of June and took them—I found two pairs of boots oh Owen—I took the prisoners back to the shop, and they were identified—on their way to Newgate, Callard said, "We could have escaped if we chose, but it was not our object"—I found nothing on him—he acknowledged being with the other two.
Callard's Defence. I had nothing to do with it; I was not aware he was going to do it.
CALLARD— GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 21.— Confined Nine Months.
SIR JOHN KEY, BART . On the 15th of May I was by the side of the Bank—I had a handkerchief in my pocket—from information 1 received I found it was gone—I followed the prisoner about thirty yards, and charged him with stealing my handkerchief—I found it at his feet—this is it—(producing it)—it is mine.
WILLIAM ALEXANDER HAMILTOR I am an errand-boy, and live in Sweet-apple-court, Bishopsgate. On the 23rd of May I was near the Bank, and saw three boys following Sir John Key—the prisoner is one of them—I saw one of them put his hand into Sir John Key's pocket, pull the handkerchief out, and pass it to the prisoner, who put it into his coat, and walked round the corner—I went and told Sir John Key, and went back with him—I saw the prisoner drop the handkerchief.
Prisoner. It is false; I am not guilty of it.
GUILTY . Aged 17.— Confined Three Months.
THOMAS GARRETT . I am a cooper, and live in St. Mary-at-Hill. I had a brandy cask in the cellar, which I saw safe at half-past seven o'clock—I did not see it taken, but I missed it about a quarter of an boar afterwards—I saw it afterwards at Mr. Voller's, on St. Martin's-hill—I can swear to it, having coopered it myself—my cellar doors were open.
HENRY HELLETT . The cask was brought to Mr. Voller's by the prisoner—he asked me to buy it—I said I could not do so without Mr. Voller's approbation, and he was absent—the officer then came in and took him into custody.
Prisoner. I hope you will be merciful, I have a wife and two childran.
GUILTY . Aged 24.— Confined Three Months.
THOMAS ROGERS . I live in Addle-street. On the 12th of June I was passing through King Edward-street between twelve and one o'clock in the day—there was a number of persons standing round a rat-catcber—I stopped to look, and felt something taken from my pocket—I turned round, and charged the prisoner, who was close behind me, with having taken my handkerchief—I had seen it safe ten minutes before—he took it from behind his back, gave it to me, and said, "I beg your pardon, Sir"—a policeman was called, and I gave him in charge—this is the handkerchief.
Cross-examined by MR. DOANE. Q. Had you a friend with you? A. No—there were a great number of persons about, some close by the prisoner as well as me—when I charged him with stealing my handkerchief, he took it from behind his back, and very politely handed it to me, at the same time begging my pardon—the handkerchief was in my left pocket—I am positive I felt it taken.
GUILTY .— Aged 19.— Confined Six Months.
JOHN MORRISON . I am a tailor, and live at No. 76, Cheapside. I had some gas-fittings in my cellar, not fixed—I cannot eay when I had last seen them—they have been out of use four years, and very likely I have not seen them since—they were with a heap of things of the same kind in the cellar—the prisoner was employed as the dustman to take the dust from the cellar—I did not miss these things till they were brought to me—I did then—these are mine—I am sure of them.
JOHN MARK BULL (City police-constable, No. 151.) On the 9th of June I met the prisoner on Finsbury-pavement, with something covered with a sack—I stopped him, and asked what he had got there—he said, "Only a bit of old brass for a pot of beer"—I found it was these gas fittings—I asked where he got them from—he said from an empty house—I told him he must go to the station—he then said it was from a tailor's shop in Cheapside—I took him to Cheapside, and he pointed out Mr. Morrison's house—I showed him the gas fittings, and he identified them—I fitted them to the counter, and the pillar exactly fitted.
Cross-examined by MR. PAYNE. Q. He pointed out the shop to you? A. He did.
MR. MORRISON. re-examined. The fittings were not in the dust-bin—I can swear to the piece produced—it matches the pillar I have in the house—I suppose there is not another in London like it—the dust taken away at this time was in a front cellar, not in the dust-bin, it was on the left side of the cellar, and these things were on the right—it is a large cellar—it is not dark, and the prisoner had a candle to take the dust out—I did not send a servant down with him on this occasion.
NOT GUILTY .
OLD COURT.—Tuesday, June 17th, 1845.
Second Jury, before Mr. Recorder.
1242. JOHN STEDMAN was indicted for stealing, on the 12th of June, 1 basket, value 1s.; 1 coat, 1l.; 1 waistcoat, 10s.; 1 pair of breeches, 1l.; 1 pair of gaiters, 10s.; 2 shirts, 5s.; 1 pair of boots, 5s.; 2 pairs of stockings, 5s.; 1 waistcoat, 1s.; 1 cap, 6d.; and 5 handkerchiefs, 2s.; the goods of William Hayward;— also, on the 12th of June, 1 basket, 6d.; 1 shirt, 3s.; 1 smock-frock, 2s.; 1 pair of boots, 2s.; 1 cap, 6d.; and 2 handkerchiefs, 6d.; the goods of Jonathan Hawkins; to which he pleaded
GUILTY .— Confined Four Months.
1243. BARTHOLOMEW JOHNSON was indicted for feloniously assaulting William James Adams, putting him in fear, and taking from his person, and against his will, 1 watch, value 4l. 18s.; 1 key, 6d.; and 1 watch-ribbon, 3d.; his property.
WILLIAM JAMES ADAMS . I am a farmer, and live at Ingatestone-batt, under Lord Petre. I was in town on Wednesday, the 11th of June—I was coming from Cromer-house, Chelsea, towards the Eastern Counties Railway—I wanted to get down by the mail-train in the evening—on my way I fell in with the prisoner—I asked him the nearest way, because I was afraid I should be too late for the train—he said he was going the best part of the way, and he would show me the way—on the way we called in at two public-houses, and had two pints of ale—when I got to the railway I found I was too late for the train—we then went and had another pint of ale—I was about to leave, when the prisoner asked what o'clock it was—as soon as I drew my watch from my pocket, he snatched it from me, and ran away up Sun-street—I pursued, crying, "Stop thief I"—when I came up the prisoner was in custody, and a lad said, "Here, sir, is your watch"—it was secured round my neck by a strongish ribbon—it broke in two as he snatched the watch—it gave way at the first jerk—it required form to break it—I gave the watch to the policeman.
Prisoner. I never saw the man; my landlord and landlady can prove I was at work at the time he swears I was drinking with him; my landlord sent me out with some boots; I saw a mob running, calling, "Stop thief!" I ran with them, and was taken. Witness. I was not drunk—I do not know the signs of the public-houses we went into, or whereabouts I fell in with the prisoner—I should think we came nearly a mile together—I do not know London very well—I did not notice the time exactly.
JOHN SPITTLE (City police-constable, No. 671.) I heard a cry of "Stop thief!" about half-past ten o'clock on the night in question—I saw the prisoner running, and several boys and men following—I stopped him—Adams gave him in charge, and said he was robbed of a watch—the prisoner said he knew nothing about it—the prosecutor was unacquainted with London, but showed me where he was robbed, which was about a minute and a half's walk from where I stopped the prisoner, but some distance from the Eastern Counties Railway—the prisoner said he was employed by Mr. Hoppe, of Bishopsgate-street, which we find is not correct—the prosecutor was sober I am confident—a young man in the
crowd said he had picked the watch up, and that he saw the prisoner throw it down—he gave the watch to Mr. Adams—I desired him tocome to the station, but he did not.
WILLIAM JAMES ADAMS re-examined. I do not know how long I was with the prisoner, nearly an hour or an hour and a half, it might be two hours—I do not know where I met him—he had an apron on, and appeared coming from work—I had a good deal of conversation with him, and am sure he is the man who robbed me.
Prisoner's Defence. I never was in a public-house with him, and never saw him till he gave me in charge; my landlord can prove I was at work at the time he says he was drinking with me—I do not expect him here till ten o'clock.
NOT GUILTY .
Third Jury, before Mr. Recorder.
JAMES HERRING . I live in Bethnal-green-road. On the evening of the 15th of May I was in Gracechurch-street—the policeman called to me, and produced a handkerchief, which was mine, and was safe in my pocket about ten minutes before—this now produced is it.
GEORGE SCOTT (City police-constable, No. 560.) I was in Gracechurch-street on the evening of the 15th of May—I saw the prisoner attempt the prosecutor's pocket three or four times—I at last saw him take the handkerchief out of the pocket—I went up—he turned round, and was leaving the prosecutor—I secured him, and he threw the handkerchief on the ground—I took it up.
Prisoner. Another lad took the handkerchief. Witness. There were two lads with him, but not at that time—I am certain the prisoner took it.
GUILTY . Aged 15.— Confined Three Months.
GUILTY on the Second Count. Aged 20.— Confined Four Months.
NOT GUILTY .
1247. MARY ANN SAILSBURY was indicted for stealing, on the 14th of May, 1 cloak, value 15s.; the goods of Mary Bartram:— also, on the 12th of May, 12 yards of silk, 24s.; 3 shawls, 10s.; and 5 yards of Orleans cloth, 7s. 6d.; the goods of Mary Ann Clark:— also, on the 25th of April, 1 handkerchief, 10s. 6d.; 2 reticules, 1s.; 4 brass counters, 5d.; and 11 beads, 3d.; the goods of Edmond Farthing, her master; to all of which she pleaded
GUILTY. Aged 20.—Recommended to mercy by Mrs. Bartram and Mrs. Farthing.— Judgment Respited.
(William Evans, bookseller, of Bath, and the prisoner's sister, deposed to her previous good character.)
JAMES WAUGH CHARLES . I am in the employ of Thomas and Zephaniah Simpson, of Farringdon-street. On the evening of the 23rd of May I was engaged in serving Gale and Smith with mouslin-de-laine dresses—Gale wanted to purchase a dress, and Smith was with her, helping her to choose—Smith objected to different dresses—they bought none—whilst showing them the dresses, Gale whispered something into Smith's ear, which I could not hear—Smith told her to go to the window, and see if she saw anything there that pleased her better, and also told me to pick out anything she pointed out—I was near the window, and did not go out—Gale went out, and came back, saying there was nothing in it to please her—Smith was anxious to get off, saying her husband was wanting his tea, and she had to kindle a fire—I went to another part of the shop to bring some more dresses, and when I returned the prisoners were gone.
WILLIAM ASHFIELD . I had some painting to do at Mr. Simpson's—I was going to look after my men, and, just as I got to the corner of the door, I saw Smith come out, and go to a female, who was standing at the next door (I am not sure whether it was Allen or Gale—it was the one that was afterwards brought into the shop while I was there) I saw Smith hand something to that female which looked like a dress, and she concealed it under her shawl, or cloak—Mr. Simpsos came out, and took the woman into the shop—I brought Smith back—she was coming away—Charles followed Gale.
Smith. This man was not there at all when I came out, but when I went away from the door he came after me, and said one of my friends was taken inside the shop; I do not know anything about the dress. Witness. I am quite sure I saw what I have described—I had just got up to the door.
Smith. On the 23rd of May I was in doors ill; Gale came and asked me to take a walk with her, which I did, and had some refreshment; she asked me to go to Holborn to purchase a dress; I said there waa quite as good in Whitechapel; she said "No," and we went; before we looked at any, I asked the shopman whether we might be allowed to pay off for one; he asked his master, and said "Yes;" he shewed her some dresses; she said she could not see any to suit her; she went out to see if there was any in the window she liked; I did not know that she had one with her; she came in again, and said she saw none; she told me to get up, which I did, and went out; she stopped behind; Allen called to me, and said, "I have got a dress, has Gale paid for it?" I said, "I do not know; good gracious! take it back."
Gale. It is false; she had the dress with her, and went outside, and gave it to Allen; the gentleman stopped her immediately; I had got two or three doors away from the shop; I went back again, and they told me she was taken to the station-house; I walked up and down for about half an hour, and then I was taken in.
Allen. I came out with Smith and Gale; I was going into the shop with them: Gale said "No, Miss, you are not fit to go in with us, your bonnet is too shabby;" I stopped outside about a quarter of an hour or twenty minutes; Gale came out to me, laughed, and said "Catherine,
here is a dress, walk away with it, do not let Mary Ann Smith know of it;" I thought it very strange, not being wrapped up in paper; I walked as far as the other window till Smith came out; I said "Gale gave me a dress, was it bought?" she said "I am not aware that it is, take it back to the shop;" I said "No, I will not take it back; when she comet out, I will give her the dress;" the man came and took me; he asked me who gave it to me? I said "It was the tallest."
Gale. She is speaking false; Smith's friends put her up to saying this; we are not friends, they have been keeping her in the street; Smith keeps a house for loose girls; I can have a character from Mr. Suter, and Messrs. Rivingtons' of St. Paul's Church-yard, and Mr. Atkinson, in the Minories.
THOMAS SIMPSON . I am a partner with my brother. I was standing near the prisoners in the shop when Charles went to get some other dresses to show them—I saw Smith leave the shop and watched her—I saw her turn round the corner towards the next house, and slip something under Allen's shawl—I could not see what it was, but I was certain there was something wrong and I went and took hold of Allen, brought her into the shop, and saw the policeman find this dress under her shawl—I know it to be mine, it has our private mark on it—it is mouslin-de-lane, which is a mixture of worsted and cotton—I believe Smith had a shawl on—I did not see whether she took it from under her own shawl—it was done momentarily—they were face to face—Smith's back was to me, I am certain I saw something pass, though I could not see what it was.
Allen. What he saw was when I showed the dress to Smith; Gale gave it to me. Witness. Gale was just inside the doorway at the time, and had no opportunity of handing it to Allen then—Allen had not been in the shop at all.
Allen. Smith is innocent; Gale gave it to me when she came out to the window; I can have a character from Capt. Symes. Witness. Gale went away while I was gone to take Allen—she was given into custody afterwards by Charles, as they were going to the station.
EDWARD COTT (City-policeman, 285.) I was called in to Mr. Simpson's, and found this dress under Allen's shawl—the prisoners were afterwards searched, 1s. 1 1/2d. was found on Gale, 3s. 6d. on Smith, and nothing on Allen—Allen said in the shop that a woman gave the dress to her, but she did not know who it was.
JAMES W. CHARLES re-examined. Gale went out of the shop for about a minute to look at the window—there are two windows—she went to a different window to where Ashfield saw Smith—if she had passed to the other window I could have seen her—she was about purchasing the dress, and of course I paid as much attention to her as I could—I could see by the tail of my eye what she was about—there was nothing to prevent Allen comiog to her and receiving the dress—that might have happened—they offered 5s. as a deposit for a dress—it was not paid—if it had been we should not have parted with the dress till all was paid—we should have kept the dress and money too.
Witness for the Defence.
----GALE. I am the prisoner's father. She was seduced away from her last situation by these parties, or others like them, about nine
weeks ago—she lived six months with Mr. Suter, of St. Paul's, and I have a certificate from her last situation, Mr. Atkinson, of the Minories—Smith's mother keeps a most abominable brothel, where there are a hundred or two hundred of these creatures, in a contracted place—I went there after some of my daughter's things—I have been so indignant at her conduct that I did not even come to see her in Newgate.
ALLEN— GUILTY . Aged 16.
GALE— GUILTY Aged 16.
Recommended to mercy Confined Six Months.
SMITH— GUILTY . Aged 20.— Transported for Seven Years.
HENRY BRIAN . I live at No. 1, Berwick-street, St. James. On the 2nd of June I attended Connor's execution, in the Old Bailey—I felt a fumbling at my pocket, and found my coat unbuttoned—I missed from my waistcoat pocket 6s.—I laid hold of the prisoner's left hand—he was next to me—I tried to lay hold of his right, but he put it behind him—I saw the policeman take hold of his right hand—I did not see him take anything from it—he produced half-a-crown to me—I at first said I lost 5s., but when I looked I found I had lost 6s.
JOSEPH WILSON police-constable S 72.) I was near the prosecutor on Monday morning—he charged the prisoner with picking his pocket—the prisoner put his right hand behind him—I caught hold of it, and found in it a half-crown—some more money fell on the pavement—Brian said at first that he had lost two half-crowns—I then stooped to pick up the half-crown, and whilst so doing he said—he had lost a sbilling beside, and I picked up half-a-crown and a shilling close by the prisoner's feet, making 6s. altogether.
Prisoner. It was my own money; I hid 6s. in my hand; the policeman laid hold of my hand, and in the confusion I dropped part of it. Witness. The prisoner had pockets—I found no money in them.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. — Confined One Year.
OLD COURT.—Wednesday, June 18th, 1845.
Fourth Jury, before Edward Bullock, Esq.
1250. JOHN ARCHER was indicted for feloniously and knowingly uttering, on the 29th of May, a request for the delivery of 12lbs. weight of shag tobacco, and 12lbs. weight of returns bird's eye tobacco, with intent to defraud John Lloyd and another.
MR. PRENDERGAST conducted the Prosecution.
HENRY WEST . I am in the employ of John and Francis Lloyd, tobacco-manufacturers, Snowhill. On Thursday evening, the 29th of May, about five o'clock, the prisoner came to the warehouse, and presented an order—he said he was going to Friars, Smithfield-bars, (which is a tobacconist's,) and would call as he returned—the order was signed "Joseph White, Clare-street," who is a customer of ours—I looked at it after the
prisoner was gone, and sent it to Mr. White—the prisoner returned before the person came back—I said the tobacco was not packed—when the person returned from White's, the prisoner was told the order was not White's, but was forged—he was taken to the station—I was handing the order to the clerk at the station—the prisoner snatched at it, and got part of it, and I suppose he must have eaten it in the scuffle, as his person and the place were searched, but we could not find it—I have the other part of it—I believe the words were, "Please send by bearer 12lbs. of fine shag, and if you are sending by our way on Saturday let me have 12lbs. of birdseye returns; let the shag be good. J. White, Clare-street"—I am sure the order produced at the station was the same the prisoner produced to me—I did not know the prisoner before.
JOSEPH WHITE . I am a tobacconist, and live in Clare-street. I have dealt with Messrs. Lloyd many years—the prisoner lived with me for about a month, and has left a year and half—a piece of paper was brought to me—it was then entire—this now produced is part of it—I am satisfied it is not my handwriting—I have every reason to believe it is the prisoner's writing—I have seen him write, and am satisfied it is his writing—I gave him no authority to write it.
JAMES HOLLAND (City police-constable, No. 262.) I received the prisoner in charge, and while the charge was being entered at the station, the order was handed over—the prisoner snatched at it, and got part of it—I closed in with him, but could not get it, and do not know what be-came of it—all his clothes were taken off, but I could not find it—he said nothing.
Prisoner's Defence. I have been bad in my head, having a stone thrown at me fourteen years ago; I had been out of employ some time, and had nothing to eat all day; I met two or three people I knew, and asked them for relief: they took me to a public-house, gave me spirits and beer; when I left them I felt quite giddy; if I take the least drink it causes my head to come bad; I lived with a surgeon in Southampton-street, Bloomsbury, and he told my father I was inclined to be insane, and was not accountable for what I was doing; he was out of town a few days ago.
GUILTY .** Aged 25.— Transported for Seven Years.
Before Mr. Justice Patteson.
NOT GUILTY .
1252. HENRY STEER was indicted for stealing, on the 21st of May, a certain post letter, containing 1 half-sovereign and 1 sixpence, the property of Her Majesty's Postmaster-General, he being employed under the Post-office.—5 other COUNTS, varying the manner of stating the charge; to which he pleaded
GUILTY . Aged 24.— Transported for Seven Years.
(Edward Toome, grocer; Edward May, baker; William Richardson, grocer; and Thomas Bowyer, malster, all of Twickenham, deposed to the prisoner's good character.)
Before Mr. Justice Patteson.
1253. WILLIAM SMITH and JOHN PACKER were indicted for burglariously breaking and entering the dwelling-house of John Leifchild, about the hour of two in the night of the 19th of May, at St. Pancras, with intent to steal, and stealing therein, 3 brushes, value 3s.; and 1 shower-bath curtain, 3s.; his goods.
JOHN CLOKE (policeman.) On the 20th of May, about half! two o'clock in the morning, I was on duty, and saw the prisoners coming over the garden-wall of No. 16, Glo'ster-place, Camden-town—they saw me, and went back again—I went into the garden and found them in the shed—I asked their business there—they said they came to go to the water-closet—I asked how many gardens they had been into—they said into the adjoining one, but denied going any further—I saw footsteps where they had been into other gardens—I took them to the station, returned and traced footsteps from 16, Gloster-place to 23, but could not trace them further—about half! five o'clock in the morning, I heard Mr. Boyce's house, 5, Great Camden-street, had been entered—the prisoners were a hundred yards from the prosecutor's when I first saw them—I found footmarks of two persons in the garden of No. 3, having gone over several gardens, I traced them to Mr. Boyce's, and to No. 6, (Dr. Leifchild's,)—I found the wash-house had been entered at the wash-house window, which was open—the shutter was let down inside—it is a sliding window and looks into the garden—I traced footsteps from there down to a summer-house at the bottom of the garden, and there found these three brushes—I found a bath-curtain in the wash-house folded up and laid on the stones, not taken away—there is a narrow passage between the dwelling-house and wash-house—the same roof goes over part of the passage—I cannot recollect whether the wash-house door opens into the kitchen without going into the passage—I came to Newgate by order of the Magistrate the same day when the prisoners were committed, for their shoes—they were brought to me by a tall stout man—he gave me four shoes—I took them to Nos. 5 and 6, tried them there and in several other gardens—I found they exactly corresponded—I first put them close to the marks making an impression by the side of them, and afterwards put them into the marks—the prosecutor's garden had been newly done up and was soft—the impressions under the trees were very plain and fresh—I measured them with a string, the width and length—they correspond with the shoes in both cases—the house is in the parish of St. Pancras.
FRANCES SEXTON . I am in the service of John Leifchild, 6, Camden-street—I was in the wash-house on the evening of the 20th, about ten o'clock—the window was shut close but not fastened—it has no catch to it—I know these brushes to be master's—they were on the shelf at that time, and this curtain was on the bath—this is the curtain—I was the last person up and went to bed about ten o'clock—the wash-house door opens into a little area which is open to the sky—it has no roof to it at all—it is quite open, and nothing to connect the roof of the house with the roof of the wash-house—there is no roof covering the area—it is all enclosed with the passage, but not covered in—I missed nothing but the curtain and brushes—I was not alarmed in the night.
EDWARD ROSSEAU . I am a turnkey of Newgate. Cloke came and asked for the prisoners' shoes—they were taken off their feet in my presence a few minutes after they were brought to the prison—I gave him the same shoes as were taken off their feet.
Smith's Defence. We were walking about; it was very late; we went
down a mews to find a cart or cab to sleep in, but could not see one, and got on the wall to see if there was a water-closet to go into till daylight; we never went into more gardens than one.
SMITH— GUILTY . Aged 16.
PACKER— GUILTY . Aged 16.
Of stealing only.
1254. WILLIAM SMITH and JOHN PACKER were again indicted for stealing, on the 20th of May, 2 jackets, value 6s., the goods of Rodney Taylor Boyce: 1 jacket, 9s.; 1 shawl, 3s.; 1 pair of shoes, 6d.; 1 brush, 1s.; and 2 pair of stockings. 1s.; the goods of William Martin Boyce.
JOHN CLOKE (police-constable S 56.) I apprehended the prisoners on the night of the 20th of May, in Gloucester-place, Camden-town, and took them to the station—after that I went to Mr. Boyce's at No. 5—I saw some traces in his garden—I found the property in No. 6, altogether—I produce it—two pairs of dirty stockings were found lying at the bottom of Mr. Boyce's wash-house steps—I observed that the prisoners had each a pair of clean stockings on—I asked them were they got them—they said they bought them in Monmouth-street—I took them from them, have had them ever since, and produce them—I afterwards received these shoes—I compared them with the footsteps in Mr. Boyce's garden, and they tallied.
Smith. He swears false.
WILLIAM MARTIN BOYCE . I was alarmed about half! five o'clock in the morning of the 20th of May by my servant—I came down stairs and found two pairs of dirty stockings close to the wash-house—that was before the policeman came on the premises—he got over the wall to Dr. Leifchild's premises and came back with a bundle—I did not miss anything till the policeman showed me these things—two of these jackets belong to my brother, Rodney Taylor Boyce, and are marked with his name—this jacket and shoe-brush are mine, and this pair of shoes is my wife's—one pair of ehese clean cotton stockings belong to my wife's sister, whose maiden name was Margaret Thwaites—she is married to my brother Rodney—I marked them myself—the other pair are my wife's—this shawl is my wife's.
Smith's Defence. I and Packer were going up Oxford-street on the Monday, and just at four o'clock we were standing on the curb by the Green Man and Still, Oxford-street; a gentleman came up and asked whether I would hold his horse; I held it for about three-quarters of an hour, and he gave me 1s.; a little ragged boy came up and asked me if I wanted to buy any stockings; I gave him 3d. for one pair, and 2d. for the other.
Packer's Defence. I say the same as Smith.
SMITH— GUILTY . Aged 16.
PACKER— GUILTY . Aged 16.
Transported for Seven years.
Before Mr. Baron Platt.
JOHN MOSS (City police-constable, No. 225.) On Friday, the 23rd of May, I was on duty on Snow-hill, and just at the end of King-street, Snow-hill, I saw a small spring cart come out of King-street, and going down Snow-hill—the deceased was in it—he was driving at the rate of four or five miles an hour—he appeared to go very steadily, just out of the walk—I saw a cab about four or five yards behind the cart, at the time it came out of King-street, going in the same direction—the prisoner was driving that cab—he was going at a very swift pace, as fast as the horse could trot—he overtook the cart, and went on the right-hand side of it—I should think there was a space of twenty-five feet between the foot-path and that side of the cart—the cab ran against the right-hand side of the cart, struck it, turned it over on the side, flung the horse on its side, and broke the shaft—the deceased was thrown out on his back in the street—the cab stopped directly—I ordered the by-standers to take the deceased into the public-house just opposite, which they did—I took charge of the prisoner on the spot—he appeared the worse for liquor—if he had driven carefully he could have avoided the accident—I afterwards went into the public-house, to see how the deceased was going on—he was quite insensible—he was taken to St. Bartholomew's Hospital.
Cross-examined by MR. CLARKSON. Q. It was pretty nearly dusk, was it not? A. It was—this happened just at the top of Snow-hill, where it turns into Skinner-street, the wide part, where the three ways join—there was nothing on the near side of the road—I did not know the deceased, or know what state he was in—the cab struck the cart on the right side, but on what part I cannot say, I was behind them—I saw them come in collision—it was done by the hind part of the cab—it was a light spring cart—the deceased was rather a heavy man—he was sitting on the right-hand side of the cart—I examined the cart—the shaft was broken, and there was a graze on the hind part, the paint was grazed off—the prisoner never attempted to go away—he pulled up immediately—the deceased was driving with reins—I did not see tbat he pulled either of them—the distance from the pavement to the cart, as it lay on its side, was fifteen feet—it fell on the right side, the same side as the cab struck it—the shaft was not broken till the horse fell—the near side of the cab struck the hind part of the cart, either behind or at the side—I could not say exactly where it struck it—it was the right-hand part of the cart that was struck by the left side of the hind part of the cab, and it seemed to pull the cart completely over—the horse was struggling at the time—the deceased fell on the back part of his head—it was market-day—there is no gutter there on either side—the pavement is a little higher than the road—I saw the cab come out of King-street about five or six yards before the collision—it was almost momentary—I asked the prisoner for his number, which he gave me; and when I saw the deceased was hurt very seriously, I would not let him go—I took him to the station in Smithfield—there was nobody else in the cart—the prisoner did not go to the hospital—he went inside the public-house, and inquired how the man was—I could see no marks on the cab.
COURT. Q. You say there were twenty-five feet of space on one side; was that the side on which he was attempting to pass? A. Yes—there was no carriage or anything within that space—there was nothing in the way, or in sight—there was light enough to see—they were just lighting the gas.
JAMES STINTON . I am a farrier, and live at Isleworth. I was in company with William Temple on the 23rd of May—we had come fam Dixon's, in Barbican—I was on horseback before him—there was no one in the cart besides him—we were going about five or six miles an hour, slow, just out of a walk—when we got to Snow-hill a cabman drove against him on the offside, knocked the cart over, and the horse down, and Temple fell out—he never spoke afterwards—I was in the act of looking back at the time, hearing the noise of the cab, and was just in time to see him fall from the cart—the blow had been given—I cannot say whether there was room enough for the cab to have passed the cart—I should think there was—there was plenty of room where I was, and he was close against my horses—I had been in company with the deceased all day—we had not been into any public-house—we had two pints of porter with our dinner, which I drank most of, and that was all that we had all day—he was quite sober—when I saw him fall, I got off my horse to assist him—I saw him into the public-house, and afterwards assisted him to the hospital.
Cross-examined. Q. Did you observe that the whole of the near side of the way down Snow-hill was uninterrupted? A. Yes—the deceased was not driving the cart on the off side—he was driving on the near side. I should say—the cart was more on the left hand than the right—I do not know the width of the road there—I should say it is more than thirty feet wide—I did not notice that the road was greasy—the horses did not slip about much—it is stone paving, I believe, not M'Adamised, but I do not know—I have since looked at the cart—the shaft is broken—we came from Dixon's, down Long-lane, across Smithfield, down the hill, and down King-street, I suppose it is—I do not know the name of the street—I am not much accustomed to London, nor was Temple—I knew my way home—he told me to go on gently, and he would follow me, and that was how I came to be first—I did not see how it happened—I saw no gas alight—it was a quarter to eight o'clock—it was quite light enough to see anything that was done—it was a wet evening, and duskish.
COURT. Q. Was there light enough to see at twenty or thirty yards what was taking place? A. Yes, quite—I had two horses with me—I was leading one, and riding the other—I was on the near side, I should think twelve or fourteen feet from the footpath, but this happened more at the corner, where there is a great deal of room—I did not notice the space on my off side, not thinking anything would happen, and afterwards my attention was occupied with my friend's condition—I looked all round the cart, but could discover no mark of any blow.
JAMES REID . I was house-surgeon at Bartholomew's Hospital when Mr. Temple was brought there—he was in an insensible state, and had a wound on the back part of his head—he lived till three o'clock next morning—he was not sensible at any time before his death—there was not much hemorrhage from the wound—he was bled in the course of the night, for the purpose of preventing undue pressure on the brain, but he continued to get worse—I made a post mortem examination—I found a fracture of the bones of the base of the skull—I attribute his death to that fracture, and to a laceration of the brain on the side on which the skull was fractured—there was a considerable quantity of blood shed within the cavity of the skull—it was such an injury as would be caused by considerable violence to the head—a fall would produce it—he was a very heavy man.
(The prisoner received a good character for humanity.)
GUILTY. Aged 26.—Strongly recommended to mercy. — Confined Two Months.
Before Mr. Justice Patteson.
1256. HENRY SMITH was indicted for feloniously assaulting Thomas Lester, and cutting and wounding him on his left eye, with intent to maim and disable him.—2nd COUNT, stating his intent to be to do him grievous bodily harm.
THOMAS LESTER . I have been a labourer at Truman's brewery. On the 19th of April I was coming down Holborn, and saw the Bee Hive Cambridge coach come in—it stopped near the Bell and Crown—an old gentleman who gets his living about there had two small boxes, and was running a strap through them, to carry them, one before and one behind—I did not know him before—I believe he came out of the tap—he was about to carry them away, for one of the passengers, as a porter, and the prisoner wanted to take the job away from him—I am quite blind now, and cannot see the prisoner—I did not know him before—he wanted to push the old man away, and take the job from him—I told him not to do it, and said, "He is old enough to be your father; you will get another job in the course of the day"—he said nothing to that, but immediately struck me in the left eye—I will not be positive whether he had anything in his hand or not—I could not see that—I lost the sight of my right eye fourteen years ago—on the prisoner's striking me my eye-lid dropped, and I was in darkness directly—it appeared to me that it must have been done by something in his hand, from what ran down from my eye—I did notice whether any persons were standing near—I was taken to a medical gentleman, and from there to St. Bartholomew's Hospital—I have not been able to see ever since—I have just got the rays of light—I lost my sight at once—I have not been able to identify the party since.
ISAAC STONE . I am a shoemaker. I was in Holborn on the 19th of April, when the Cambridge coach came in to the Bell and Crown—a passenger got off the coach, and two boxes belonging to him were moved off the coach—the prisoner wanted to carry them—Lester went in and called the old porter belonging to the house—the porter came, strapped the two boxes together, and carried them away—when the prisoner saw that, he said to Lester, "What business had you to call the porter out?"—as soon as the porter went away he took and struck Lester in the eye with a tobacco-pipe which he had in his hand, which caused him to lose his sight—I could see that he had a pipe in his hand, he was smoking it just before, as the coach came along—I did not say anything to him—I removed Lester on one side directly under the archway, and saw that he was dangerously injured in the eye—the prisoner did not say anything when he struck him, but he stood in an attitude ready to come at him again, with his fist shut, but a crowd came round him seeing his eye injured, which caused him not to come at him again—I took Lester to a surgeon with a young man, and removed him from there to the hospital, as the surgeon directed me—I had never seen either the prisoner or the prosecutor before—I called a policeman, and the prisoner made his escape before the
policeman came—we went down as far as Hatton-garden, but could see nothing of him—after coming from the hospital I went with the policeman to look for the prisoner, and going up Holborn-hill I saw him sitting on a form outside the Bull public house, with some cabmen, smoking a longer pipe than he had before—it was a different pipe—it was close by the Bell and Crown—Russell took him into custody, it was just one hour after he had struck Lester—the pipe he was smoking had sealing-wax on it, but the one he struck him with had not—when Lester was struck something came from his eye on to his check, which appeared to be the sight of the eye—it was not the eye-ball, it appeared to be like a scale—I was examined before the Magistrate—I can read but not write—I made my mark to what was read over to me, and what I swore—this is my mark (looking at his deposition, which being read, stated, "The prisoner had a pipe in his hand just before he struck the blow; it was then a whole pipe, with a small bit of sealing-wax at the end of it; when we found him at the Ball he was smoking a shorter pipe without any wax on it; I could see that when he took it from his mouth")—it was a much longer pipe when he struck him, but it was much shorter afterwards, because it broke.
Q. You said just now it was a short pipe when he struck him, and a longer one afterwards? A. It was much longer when he struck him than after, of course, because it broke—it was much shorter after he had struck him—when Russell took him into custody he had a longer pipe with sealing-wax on it—it was not the same he bad struck Lester with, it wart. longer one—what I have stated now is the truth—I suppose they must have made a mistake in the depositions—I rather think I stated the same before the Magistrate as I have to-day, and they must have put it the contrary—I am quite sure that the prisoner had a pipe in his hand when be struck Lester the blow in the eye—he had it in the hand be struck with, the people noticed it directly the blow was struck—and when I removed him on one side he had not taken the pipe out of his hand—I am sure he had the pipe in his hand before and at the time he struck the blow—the old man did not see the blow struck, he was just gone—there was another young man there, but he did not stop—he helped me to remove Lester on one side—he had lost one eye himself, and he said be would assist the man that had lost both—he assisted me in taking him to the hospital.
Prisoner. It is false saying I had a pipe; I had nothing at all in my hand, and he knows it. Witness. He had the pipe—I noticed it particularly.
EDWARD PARSONS . I am house-surgeon at St. Bartholomew's. Letter was brought there—he had a wound in the anterior part of his left eye, through the anterior part of the globe of the eye—it was a very severe wound—there was an escape of a portion of the contents of the globe of the eye—he can just see the light, and that is all—it will never be any better, I am afraid—he cannot see with it, and will never be able to read, or see his way about—I examined it directly, carefully—it must have tan done with some instrument—it could not have been done with the hand—I do not think it could have been done with a single finger—any instrument might have done it, more probably a blunt one than a sharp—I think a tobacco-pipe would have produced it.
GEORGE RUSSELL (City police-constable, No. 234.) Stone fetched me, and I apprehended the prisoner by the Bull, in Holborn—he was smoking a pipe—I did not observe what sort of a pipe it was, whether it was long,
or short, or broken, I did not observe—I told him what I apprehended him for—he said he had done it, but the man had struck him first.
THOMAS LESTER re-examined. I did not strike the prisoner at all, either before or after he struck me—I could not see him afterwards—the old man was strapping the boxes when 1 first came up—I did not say I would call the porter out of the inn—I did not call any one out of the inn, to my knowledge—I did not hear the prisoner say, "What business hare you to call the porter or anything like it—as far as I recollect, he said it was no business of mine to trouble my head with it—that was when I told him not to take the job away from the old man—my head has been so bad since this that I have not recollected every thing.
Prisoner's Defence. I was out of employment; when the coach came in I saw a gentleman wanted his boxes carried; I was going up to carry them; an old man was there that did not belong there, and was going to take the job out of my hand; he took the luggage away from me, put a strap through it, and put it on his shoulder; this man then came up, and asked me what business I had with it; I was cross, being out of place, and wanting to earn 6d., and I hit him, but I had nothing in my hand; there were two or three witnesses that saw it; I do not know their names, they are strangers to me; they said they would come up and speak for me; they sent word by my brother, when I was remanded to the Compter, that they would come; they did not send their names; I also expected two masters to speak to my character.
CHARLES SMITH . I am the prisoner's brother. I was not present when this matter took place—two persons who were, promised me to come forward to-day—they are not here—they were cab-drivers—he always bore a very good character for humanity and good temper.
GUILTY of an Assault. Aged 18.—Recommended to mercy by the Prosecutor
Confined Two Months.
OLD COURT.—Thursday, June 19th, 1845.
Second Jury, before Edward Bullock, Esq.
1257. JOHN NEWMAN and JOHN JONES were indicted for feloniously breaking and entering the dwelling-house of Mary Ann Pickering, on the 15th of June, at St. Dunstan, Stepney, and stealing therein, I spoon, value 4s., the goods of Mary Ann Pickering; and 2 5l. Bank notes, the property of Ellen Flynn; to which
NEWMAN pleaded GUILTY . Aged 35. Transporied for Ten years.
JONES pleaded GUILTY . Aged 41. Transported for Ten years.
(Richard Carter, weaver, Turk's Head-place, Spitalfields; Sarah Oak-den, No. 2, Boundary-street, Shoreditch; and Peter Duff, weaver, No. 2, Pearl-street, Spitalfields, deposed to Newman's good character: and John Bellamy, cowkeeper, No. 60, Eaatfield-street, Limehouse-fields, to that of Jones.)
JOHN CAWLEY . I am a greengrocer, and live in Great Titchfield-street, Marylebone. On the 16th of May, about two o'clock in the afternoon, I went to St. Katherine's Dock with my horse and van—I saw both the prisoners
there together—they told me where to back on to the crane—after unloading my van, I gave the horse a feed under the crane—leaving the horse and van there, I went to get refreshment, returned in ten minutes and the horse and van were gone—I gave information to the gatekeeper—I received information, and went with Russell, and found my van at the Greenwich Railway, at half-past ten o'clock at night—I found the horse and harness in custody of the police, at Smithfield.
Sullivan. I was not at the Docks. Witness. I am quite sure he tat there.
JOHN CONNOR . I am a labourer. I was sitting outside St. Katherine's Docks on the 16th of May, about two o'clock, and saw the prosecutor drive his van into the Dock—I afterwards saw the prisoners come out with the van, and go towards the Minories—Dawson had hold of the reins-sell van was behind he van, fastening up the back part of it.
WILLIAM GOLDING I was in Smithfield-market on the 16th of May, about six o'clock, and saw the two prisoners with a horse and harness, leading it towards the entrance of the market—both had whips in their hands—Sullivan had the whip now produced—the other had a snorter one—I went up and asked them if the horse was for sale—Dawson asked me 7l. for it—I asked whom it belonged to—they said a man named Lancaster—I asked what it had been doing—Dawson said, drawing chaff and potatoes—I asked where his master was—he said, "Somewhere about here"—I said, "Can you sell it?—he said, "Yes"—I said, "What do you mean to take for it?"—he said 7l.—after some talk, he offered it at 4l. 10s.—I bid him 3l. 10l.—many people came round, and at last be allowed it to me at 4l.—I said I would have it, and took him towards the police station to pay him—we stepped into the door of the George—I said I would pay him before a policeman, to make myself right—I went to the police-station, but they took very little notice of it—Russell came up in private clothes, and took him into custody.
GEORGE RUSSELL (City police-constable, No. 234.) I was on duty on the 16th, about six o'clock—Golding brought Dawson to me, and said he had bought the horse of him for 4l., and be wanted tee to see him pay for it—Sullivan was not present then—I saw the horse was worth a good deal more—I said, "Who gave you authority to sell this?"—he said his master—I asked who his master was—he said Mr. Lancaster—I asked where Lancaster lived—he said in Blue Anchor-alley, Rosemary-lane—I took him to the station, sat down for two minutes, then Sullivan came in—Dawson directly said, "Oh, here is the boy, who can say it is all right"—I said, "What does he know?"—he said, "You know I was sent to sell the horse"—I asked if he came from the same place—he said, "Yes"—I asked Sullivan if that was right—he said it was perfectly right—I took them towards Rosemary-lane, and on the way said to Dawson, "How is it your master wants to sell the horse?"—he said, "Oh, it is lame; he would not sell it for 5l. yesterday, but I lamed him going up Oxford-street yesterday"—he first said Sulliean was sent to sell it, but that Sulliran had been once before to sell one at Smithfield, and sold it for less than he was told, and his master made him make the money up, and he had sent him with him to sec that he did not take less than 4l. for this horse-Sullivan had a whip—the prosecutor saw the horse.
DAWSON*— GUILTY . Aged 14.
SULLIVAN*— GUILTY . Aged 16.
Transported for Ten Years.
Before Mr. Justice Patteson.
MR. PAYNE conducted the Prosecution.
THOMAS MALLET I am clerk to the Magistrates at the Clerktnwell Police-court. I was present at the prisoner's examination—this statement is in my writing, and has the signature of Mr. Greenwood, the Magistrate—it is correctly taken, and was read over to the prisoner—he hap not signed it. (See page 341.)
REBECCA RUGG . I am the wife of John Rugg, who keeps the Coach and Horses beer-shop, Cross-street, Hatton-garden. On the Monday evening before the examination before the Magistrate, the prisoner and bit wife came there about half-past ten o'clock—he asked if I could accommodate them with a bed—I said no, it was not convenient—his wife said she hoped I could—I said I could not—I at last contented to let them stop—I got them a candle, and they went to bed in about a quarter of an hour—the prisoner paid me for the bed, and I showed them up to the room—I did not see them again till about ten next morning, when they cams down and asked if I could accommodate them with a cup of coffee—I said I could not, and recommended them to a house opposite, but do not know whether tbey went—before they left, the woman asked if they could have the same bed that evening—I said yes—she told the prisoner to pay me then, and they said they would be home at seven in the evening—I saw them again about half-past six in the evening, or later—they came in together, and I introduced them into my parlour—they both sat down—I went in to them in a few minutes, as the woman beckoned to me, and I went to her—the prisoner was present—she told me she was very ill, and wanted to go to bed—the prisoner said, I think, "Oh, don't be in a hurry"—she bad been. crying, apparently, and the prisoner also—he appeared very attentive to her, very kind indeed—I told her I would go up stairs and make it comfortable.—she said, "It will do for us"—I went up stairs, and left them both in the parlour—they had no bundle or parcel—I went out and returned about half-past ten, I think, and found there was something the matter—the prisoner was gone to the station—I did not go up to the bed-room till about eleven next morning—the woman was then lying dead on the bed the prisoner and she had occupied—I had, not seen her after leaving them in the parlour the evening before.
Cross-examined by MR. PARRY. Q. When they first came, you said you could not let them a bed; did not the poor woman say, "Oh, pray do, for we don't know where to go; I don't care where it it?" A. Yes—I thought in the morning that they had been crying, they did not look comfortable—when they came in in the evening she complained of het head, and being very ill—the prisoner's manner was very kind to her—I remarked it particularly—she seemed to have control over him—I consider she led him very much.
CHARLOTTE DAVIS . I am the wife of George Davis, and lodge at the Coach and Horses. I was there about seven o'clock on the Tuesday evening, before I was examined at the Police-court, and saw the prisoner in the parlour with the young woman who is dead—they appeared very melancholy indeed, and ill—there was nobody else in the room—about eight in the evening my attention was called—I went into the bed-room they had occupied on the Monday night, and saw the young woman lying on her face on the
pillow—I spoke to her two or three times, and she did not answer—I lifted her head off the pillow, looked in her face, and thought she was dead—I heard a little noise in her throat, and observed a little froth about her mouth—I then ran away—Eveleigh came into the room—I went down for some water, and left my husband and Eveleigh with her—I returned sad bathed her face—I afterwards got vinegar—she breathed two or three times—the prisoner brought Dr. Pollock there—the prisoner threw himself about, and seemed in great dejection of spirits, and very unhappy—(be was gone for the doctor when I first went up; I did not see him till he brought the doctor)—the doctor suid in his hearing that she was dead—I saw a pint pot on the table, with some hot water in it—I took it dows threw it away, and brought cold water up in it.
Cross-examined. Q. When you saw the poor woman in the parlour, did you say anything to them? A. No—I observed they were very much distressed—when the prisoner came into the room, and found her dead, he appeared greatly dejected and seemed broken-hearted—he went don on his knees, and cried bitterly, went to the bed-post, hung by that, and cried again, and seemed almost in an agony of mind.
WILLIAM EVELEIGH . I lodge at the Coach and Horses. I came home on the Tuesday evening about half-past seven o'clock, and sat in the tap-room—I saw the prisoner come down with a pint pot in his hand for sow hot water, which he got, and went up stairs again with it—he came down again in about ten minutes or a quarter of an hour—in great haste, and asked the landlord where the nearest doctor was—he directed him to Leather-lane—I went with him to a doctor's in Leather-lane—(he ran,) and they directed him to Mr. Pollock's, Hatton-garden—I came with him as far as the top of Cross-street, and directed him where to find Mr. Pollock—I went home directly, and then Mr. and Mrs. Davis were going up stairs—I followed them up to the top room, and waited at the door while Mrs. Davis went in—I heard her speak to the deceased twice—she got no answer—I then went into the room, and saw the deceased lying with her face smothered in the pillow—we turned her upon her back-there was a slight groan in her throat—there was a little foam on her cheek—her clothes were on—I felt her pulse—it beat two or three times—I said I thought she was dead—Mrs. Davis went and got water and vinegar, and bathed her—I saw the prisoner come up with the doctor-when he came to the top of the stairs he asked if she was dead—I said, "Yes, she is dead"—the doctor looked at her, and said she was dead—the prisoner began to cry, and threw himself about on the bed—he said they had both taken poison—he took some papers from his pocket, and handed them to the doctor—he then took a letter from his pocket—I observed one of the papers was marked "poison," and there was a small portion of white powder in it—I think there were two papers marked "poison"—the doctor read the letter—I and Davis left the doctor and the prisoner in the room—a policeman, who the landlord had sent for, came in about ten minutes, and the prisoner was given in charge.
Cross-examined. Q. You observed the prisoner was in great distress? A. Yes—I am quite sure he said they had both taken poison—he said before that, "I must tell you all about it."
DANIEL HUMPHRRYS (police-constable G 74.) A little before nine o'clock on Tuesday evening, the 27th of May, I was called from Leather-lane to the (Coach and Horses, by a man—I went there, made inquiries,
and went to the top room, and there found Mr. Pollock with two or thtte more—the prisoner was sitting on the bed, and appeared to be very ill in body and mind, and was holding his hand to his chest—I saw the body of the deceased on the bed—I asked Mr. Pollock if she was dead—he said, "Quite dead"—I then said, "Who is the other person?"—he pointed to produce—on the way to the station, as we passed the end of Exmouth-street, the prisoner pointed, and said, "I bought one lot at a comer shop in that street"—on the way he said, "What do you think they will do with me, do you think they will bang me?"—I said, "I cannot tell what will be done?"—he then said, "What a foolish young man I am"—he appeared very much distressed, and after he was at the station, he said, "Oh dear, what shall I do?"—Mr. Taylor, the surgeon of the police-force, was sent for, and applied the stomach-pump to the prisoner—he was very tick, and by direction of Mr. Taylor, I took him to the Free Hospital, Gray's Inn-road—he vomited very much on the way—he had medicine, and was put to bed—I found a paper with "poison" written on it, in his waistcoat pocket, at the station—it had a very small portion of something in it—I also found on him two sovereigns and 8s. 1 1/2d., a knife, a key, a hand-towel, and collar—he was quite sober.
Cross-examined. Q. Did he not appear much distressed at the death of the young woman? A. He did—what he said was abruptly—he appeared hardly to know what he was saying.
GEORGE WILKINSON (police-constable G 18.) I was at the station on Tuesday night, the 27th, about a quarter after nine o'clock, when the prisoner was brought in—Humphreys said he had taken poison himself, and given some to a female, who was dead—the prisoner heard that—he said nothing to me—he afterwards said, "I will tell you all about it?—I said the charge might be very serious, I did not wish him to say anything—he took my advice at that time—I sent for witnesses—Rugg, Davis, and Eveleigh came in about three quarters of an hour—I entered the charge—I sent for Mr. Taylor, the surgeon of the force—I heard the prisoner say to him, "We both took poison, she mixed it, and we both took a portion alike"—Mr. Taylor used the stomach-pump.
Cross-examined. Q. Did not the prisoner appear very much distressed? A. In great distress of mind—he must have heard what the constable said in reference to his giving the female poison, he was so near.
WILLIAM PENNY . I am inspector of the G division of police. On the morning of the 29th the prisoner said to me at the station, "I should not have known what to ask for if she had not told me"—he said her father was a shoemaker, and she told him if he was asked what it was for, to say it was to clean boot-tops.
Cross-examined. Q. Did he mention the name of the poison? A. No—I do not know whether oxalic acid is used to clean boot-tops.
TIMOTHY POLLOCK . I am a surgeon, and live in Hatton-garden. On Tuesday evening, the 27th of May, a little after eight o'clock, the prisoner came to my house in very great distress, crying—he wished me to go-with him to see a female who had taken poison, and requested me to take the stomach-pump with me—I asked if he knew what kind of poison she had taken—he said, "Yes, oxalic acid,"—I took the stomach-pump, and
some antidotes—I went with him to the Coach and Horses, up to the top room of the house, and directly he got within the door he asked if she was dead—I do not think any answer was given—I went into the room, and found the woman lying on the bed, quite dead—I asked when they saw her breathe last—a person said, "About five minutes ago"—she appeared to me to have been dead about five minutes—the prisoner was in very great distress in the room, and said, "Oh, I must tell you all about it, if even I should be hung for it"—he then said he had been following her about the previous evening, along the bridges, and bad great difficulty, in preventing her from throwing herself into the Thames—at the same time he gave me a letter from his pocket—I gave it to the officer, after reading it—this now produced is it—he said that letter had been written, expecting they would have been both dead—he then brought two small pieces of paper out of his pocket, marked, "Oxalic acid, poison"—ow printed and the other written—I observed a red stain on his trowsers—he said he had been sick, and vomited—he then gave me a glass tumbler, tod it had the remains of a salt at the bottom, and part of an orange in it—I think he said, "That was the glass I drank"—he said they had agreed to take poison together, but that he himself felt very sick, and brought bit up—a few white particles dropped from this paper marked "B," and I could feel a crabbedness on it—here is a paper with a few grains of oxalic acid in it—I can tell it by the taste—after saying they had agreed to take poison, he said they had been in very great distress, they had been discharged from their situation at a moment's notice, and they did not know what to do with themselves, they were without a character—I asked him why they had been discharged—he said he had been seen coming out of her bed-room—he asked me what he was to do—I told him to keep himself quiet, he had better consult a law-man, but that I must give him in charge, which I did—the tumbler is not here—I analysed the contents of it—the result was that it contained oxalic acid—a few minutes after I got home another tumbler was brought to me by Davis—I had no conversation with the prisoner about that—I asked him where he purchased the poison—he said he west towards Islington, and got some there, bnt could not tell me where, exactly, and the other parcels he got at different places—I should say half—an ounce of oxalic acid would destroy life—I made a post-mortem examination of the deceased's body—I attribute her death to inflammation of the lining membrane of the stomach, and the whole of the intestines, particularly the small intestines—that could be produced by any acrid poison—the kidneys and spleen were very much congested, filled with dark coloured blood—there was dark coloured blood in the cavity of the chest, the pericardium or bag in which the heart rests, and the abdomen and pelvis, and a dark thick fluid blood in the stomach, of the consistence of tar—I attribute all that to the poison—oxalic acid is the most likely poison to produce it, it was so general—I have no doubt her death was caused by poison—I forgot to mention that the walls of the heart were thin and flabby—I analysed the contents of the stomach, but could detect bo oxalic acid by any test—persons generally vomit very freely before death, and the blood would very likely, and does decompose oxalic acid, and oxalic acid decompose the blood, so that it is very difficult when oxalic acid is once mixed with blood to find it.
Cross-examined. Q. The prisoner was very anxious during the whole time you saw him; in his statements to you did the anxiety appear to
arise from distress of mind at the death of the young woman? A, particularly so, not from his own situation—he only regretted that he had not died with her—he said, Mr. Ridler refused to give us a character. George Davis. I am the husband of Charlotte Davis, and lodge at the Coach and Horses. I came home on the 27th of May, about six or seven o'clock, and while in my room Mr. Rugg came tome—I and my wife went with him up stairs to the two pair front room at the top of the house—my wife went into the room—I waited at the door, went in directly after, and saw a female lying in a stupid state, I thought in a fit—Mrs. Davis said she was dead—I said, "No"—she moved her head round, and she made a little sigh, and a little troth ran out of the left side of her month—I sent her for some water as cold as she could get it, which she brought—I bathed her temples with it—a young man had her by the right hand, and said, "She is dead, I think; her pulse don't beat"—I felt her heart, and it did hot beat—I said, "She is dead, is there no doctor to be found?"—Mr. Pollock and the prisoner came in directly after—I saw a glass on the floor on the prisoner's side of the bed, with something in foil was given to Mr. Pollock—I found a glass on the side of the bed the female lay after Mr. Pollock was gone, and ran to his house with it—I found nearly half a pint of nasty phlegm, or matter of some sort, by the side of the bed, as if somebody had been sick—it was rather a darkish colour—I told the prisoner it was a serious thing, and bow it was all over, he might as well tell us all about it.
Cross-examined. Q. Did not you say to him, "What made you do so silly a thing?" A. Those were my words—I asked what made him take it—he said, "I could not help it, she made me."
MR. PAYNE. Q. What else did he say then? A. He began to tell us all the affair of being turned from his place at a moment's notice; that he waited till she came out; that she ran away, and would have jumped over the bridge; he had great trouble to keep her, and she escaped two or three times.
Cross-examined. Q. You were not aware he was paying his addresses to your daughter? A. No—I never visited at the Bell and Crown—she had been there better than twelve months.
WILLIAM TAYLOR . I am a surgeon of the police. On Tuesday night the 27th of May, I was called to the Clerkenwell station, and saw the prisoner, who complained of heat in the pit of his stomach, and sickness—he said he had taken oxalic acid, that a female had taken oxalic-acid at the same time—he said he had bought 4d. worth of oxalic acid, she had mixed it, and they had taken it in equal proportions—4d. would buy an ounce or an ounce and a half, but I do not know the price exactly—I pumped some prepared chalk into his stomach—half an ounce, or probably less, of oxalic acid would kill a person—I was not present at the post mortem examination—I have heard Mr. Pollock's account of the appearances—they are consistent with the person having taken oxalic acid.
Cross-examined. Q. Did he say she had mixed the poison? A. He did.
The prisoner's statement before the Magistrate was here read at follows:—"I will tell you all about it, if I am in the right or wrong; I know I
have done wrong; I had better state the whole I know: a little after fire I was told by the landlord of the public-house to get out of his house in ten minutes; I did not say nothing to him, but went up stairs, packed up my things, and the porter brought them away for me to the Horse and Groom; I then waited for her coming away with me, about half an hour, and the porter took her things with mine into the Horse and Groom; then we came outside and asked, both of us, the landlady of the Horse and Groom to take care of them, and said we should be in again in the morning; she said 'Very well, I will do so for you;' we then stood out in tit Horse and Groom yard for a few moments, and talking a moment or two together what we should do. I asked her what Mr. Ridler said to her; (be is the keeper of the Bell and Crown,) and she said he gave her ten minutes to get out; then we went into the Horse and Groom and called for a pint of half and half; we both sat down there and cried for about half an hour, and then she pulled out her money and laid it on the table, and she said, 'You take that, for I'm going to make away with myself in the Thames,' and she got up and went out; I immediately followed her and catched her, and said, 'I won't let you do anything of that sort;' I advised her to take hold of my arm and let me take her home to her friends; she said, 'I cannot think of doing so;' I walked down Holborn-hill with her, and then she ran away from me again and said, 'I will go and throw myself in the Thames;' I caught hold of her again and said I could not let her do so; we went up Brownlow-street, went into a coffee-shop, and called for two cups of coffee; she said to the landlady, 'Can we have a bed to-night:' (this was on Monday night;) she said 'Not for ladies;' we came out of that house and asked one another where we should go and what we should do; I said, 'Let us go up Gray's-inn-lane, that is the most likeliest place, I know where we can get two beds;' she said, 'If you don't be with me this night I will destroy myself;' I said,' How can you think of doing so;' we inquired in two or three houses in Gray's-inn-lane; we could not succeed there; then we went into Leather-lane, and asked a man in a coal warehouse if he had accommodation; he said, 'No,' but be directed us to No. 6, opposite, the Coach and Horses; there the woman said she had no accommodation, and then we got the accommodation as you have heard stated at the Coach and Horses; we were shown up stairs, as you have heard, and went to bed together; in the morning she got up and grasped hold of a knife on a side-table, and she said, 'I will make away with myself now;' I immediately seized it from her and told her I could not see her do so;—we then dressed and went down stairs; she asked the lady if we could have the bed to-night, and she said, 'Yes, if you are comfortable,' and the girl advised me to pay for the bed for the next night; we came out of the house and came away; we went to a coffee-shop in Hatton-wall; I called for two cups of coffee and two rolls, and she called for two eggs; I read the Times newspaper, and read of the suicide of a young woman by taking oxalic acid; it so preyed upon her mind that she determined to do so herself; we came out, and I said, 'What shall we do;' so she said, 'We will take a walk up as far as Islington, and in the chemists' shops as we go along get the oxalic acid;' I said, 'Is there no means left but destroying ourselves;' she said, 'No, not anything;' I then said, 'As you have so fully made up your mind to die, I must die too;' we then walked up to Islington, and going by the chemists' shops I went in and she stood by the door; I asked for a penny worth of oxalic acid at four
different places; we walked along and came to a public-house opposite the Angel; we went in and asked for 2d. worth of hot gin and water—but I must go back: I went into a shop in the City-road to get a sheet of writing-paper—we went into the public-house and asked for the hot gin and water; she asked for a pen and ink, and I then wrote as the letter stated, and this is the letter; we then walked away and went into a public-house in Charles-st., Hatton-garden; I there called for a pint of half-and-half and some bread and cheese, and sat there some time; we then went to the Coach and Horses; when we got there she asked if the bed was ready, and the woman said, as she has stated before, 'I will go and get ready for you directly;' she said it would not be long before the old gentleman came down and we might go to bed—in a few minutes the old gentleman came down and said, 'It is all ready now:' then the girl asked the old gentleman for some cold water, and then she said to me, 'Run out and get two oranges to take after the stuff;' I did so; she took the water; I did not state where I got the oxalic acid; I bought it, 1d. worth at each place; before I went into the Coach and Horses I bought the tumblers, she went in with me to buy them; she took the cold water and I followed her up stairs; she then took the oxalic acid out of my pocket and put two lots in each tumbler and put the water to it; it would not dissolve in cold water, and I went down and asked for some hot; they gave me some hot water. I then went up stairs to her again; she said, 'What a time you have been gone, I am waiting to die.' I put a little hot water into each tumbler, and she stirred it up. I then said, 'Now don't be in a hurry, come kneel down with me, we must pray first; where shall we go to?' she said, 'I don't know how to pray.' I said, 'I will pray fir you,' and I prayed God to take us, and she was in such a dreadful way after we prayed; she jumped up off her knees, and stirred it up again, and gave me the glass in my hand, and she came and took the other. I said, 'Stop one moment, let me lay this letter out of my hat on the sideboard.' I did so, and we then both drank it together; in about five minutes after we were both very sick; I brought mine all up off my storaach, and I thought she had, but I found she was dying, and I ran down stairs, and asked where was a surgeon's, the nearest place, and then ran into a baker's shop, and the young man here ran with me to a druggist's, a few doors further. I ought to have said I asked for a doctor. I asked in the druggist's shop if there was a doctor there; they told me to go to No. 26, Hatton-garden. I did so as fast as I could run; a boy was standing at the door. I asked if the surgeon was within? he said, 'Yes.' I asked the surgeon to come with me with the stomach-pump, for ihe young woman was dying; when we got there she was dead."
The letter was as follows:—"Dear friends,—I hope you take this to look at, to see how unfortunate we were both situated, quite from all happiness in this world, without friends or character. I have tried my best, but everything seems to turn out against me; so as she is determined to destroy herself, I thought I should never be happy any more, as it was through me she was ruined, as it was reported, but it cannot be proved. I can safely say I never knew to be comfortable in the house, for they was all against us; now, as you see it is come to this—I hope you see after our clothes, and bury us both together. I hope he may get his reward in heaven for us, and others before us unfortunate, unhappy creatures—no way of redeeming a character. Tell all those who inquire after us the reason we did it. Thope
that God will make them happy. Dear friends, we trust that God will take us into his care, and that you will not think any more of us than you can help. So no more from us unfortunate creatures—Daniel Johncock and Hannah Moore.—God bless us. Amen.—For the Bell and Crown, Hoborn, London; or 45, King-street, Soho; or J. Moore, 10, Mulberry-street, Commercial-road."
NOT GUILTY .
Third Jury, before Mr. Baron Platt.
MR. RYLAND conducted the Prosecution.
NOT GUILTY .
OLD COURT.—Friday, June 20th, 1845.
First Jury, before Edward Bullock, Esq.
1261. CHARLES BAKER was indicted for feloniously breaking and entering the dwelling-house of James Spencer, on the 11th of June, at St. Mary Newington, and stealing therein 1 watch, value 2l. 10s.; his goods; to which he pleaded
GUILTY .— Transported for Ten Years.
GUILTY . Aged 15.— Confined Four Months.
Before Mr. Baron Platt.
MR. RYLAND offered no evidence.
NOT GUILTY .
Before Mr. Justice Patteson.
1264. THOMAS JENNINGS was indicted , for that he illegally and feloniously did man, navigate, equip, dispatch, use, and employ, a certain ship, called the Augusta, at London, to accomplish a certain unlawful object, i. e. to deal and trade in slaves.—Another COUNT, for shipping goods on board the said ship, to be employed in accomplishing the said object.—Other COUNTS, varying the manner of stating the charge.
MESSRS. PAYNE and LUSH conducted the Prosecution.
CAPTAIN HENRY WORSLEY HILL, R. N . I am now Lieutenant-governor of the Gold-coast. I commanded the ship Saracen, on the coast of Africa, for nearly four years and a half, from September, 1837, until June, 1841, for the protection of British commerce, and the prevention of the slave-trade—I am acquainted with the Gallinas—I have here a rough plan of the Gallinas, of my own making—it is not a measured
correct plan, merely a rough sketch of my own—the river Gallinaa is not navigable for large vessels, nor for such vessels as the Golupchick—there was no trade carried on at the Gallinas, that I could ever discover, or that I ever heard of, but the slave-trade, slave-trade alone—I have landed there frequently—there were six or seven slave establishments there previous to our destroying them—at the latter end of the year 1840 we destroyed six or seven slave establishments, by convention with the natives—I cannot say how many there were during the whole period, from 1837 to 1841, but in 1840 the naval squadron on the station destroyed six or seven—when we landed to destroy them, the Spaniards, or foreigners in possession of them, fled—I can only mention who were the reputed slave factors—I was not present, and never saw any of them purchase or sell slaves, but we found slave barracoons and several slaves—there were from 800 to 1000 given up to us—they left the slave establishments as we advanced upon them, but we caught several before they were out of the slave establishments, and they were afterwards acknowledged by the natives to have been taken out of the slave establishments—I knew a person named Rolo, connected with the Gallinas—I have seen him at the Gallinas—I never saw him as a slave-dealer, but he is a reputed one—I have had conversation with him at the Gallinas—I saw him at a place called Dorabocoro—there is one very large barracoon there, and several houses belonging to it—I did not see Rolo in the barracoon, or in either of the houses—he landed from a vessel that had been seized by Captain Denman—the vessel was not seized in my presence, but I saw him land—I do not recollect the name of the vessel he landed from—I know the name of Angel Ximenes—I have not seen him at either of the stations on the Gallinas—I have seen him at Sierra Leone—I know a person of the name of Alvarez by repute, I do not know him personally—I have seen a person who has been pointed out to me as Alvarez, at a small town close to the Gallinas—I saw no barracoons at that town—barracoons are large buildings used for keeping slaves—the number they will contain depends upon the size—they are sometimes very small, and sometimes large—I have never been far in the country myself—I have only seen barracoons near the coast—they are places where slaves are kept, until an opportunity is had for conveying them away—in March, April, or May, 1839, I captured a vessel called the Golupchick, sailing under the Russian flag—when I absolutely seized her she might have been eight or nine miles from the Gallinas, but she had been previously much closer—when I first gave chase to her she was about two miles from the Gallinas, on the day I captured her—I had chased her before—a person named Bernardos was in command of her—after capturing her, I sent her to Sierra Leone, for the purpose of prosecuting her in the Spanish and British Mixed Commission Court—she was not prosecuted there, on account of her being under the Russian flag, the Court refused to receive her into Court—I then sent her to England, to place her in the hands of the Lords of the Admiralty—I accompanied her to Sierra Leone—Bernardos was on board, and went to Sierra Leone with her, and from there to England—in Feb., 1841, I again captured that same vessel, under the name of the Augusta, and sailing under the British flag—she was then at anchor in the roads at Gallinas—the prisoner was then in command of her—I knew her to be the same vessel instantly, on going alongside—when I captured her as the Golupchick she had slave equipments on board—I cannot at this time state correctly what she had—she
was equipped for the slave-trade—she had water-casks and coppers—I cannot exactly state the amount of her slave equipments, but she was equipped for the slave-trade, which justified me in seizing her—I did not accompany her to England, I sent an officer with her—when I boarded the Augusta I saw the prisoner on board—I recognized the vessel, and talked to him about the vessel—I asked him for the vessel's papers, and he gave them to me—before that, I told him I recognised the vessel as being a vessel that I had before seized—I think he said he did not know, that he was ignorant of my having captured her before—I cannot now recollect whether I mentioned to him the name she bore before—it is so long ago I cannot recollect what my conversation with him might have been with regard to the Golupchick.
COURT. Q. You cannot recollect whether you mentioned her former name to him? A. Oh, I mentioned her former name to him I am confident, but I cannot recollect the whole of the conversation that passed.
MR. LUSH. Q. Did you make any remark to him as to the change of colours? A. I really cannot recollect with any degree of accuracy the conversation that passed with regard to her having been siezed by me under the name of the Golupchick—I might have talked with him I dare say half an hour about it—I demanded his papers, and he gave me the vessel's papers immediately, the usual papers of the vessel, the license under which she was sailing, the manifest, charter-party, bill of health, and various other papers, that are called the ship's papers—I looked over them in the usual way, and finding the vessel was from Liverpool, I considered she was properly cleared out from there—I afterwards demanded of the prisoner to whom the vessel was consigned—he replied, "Oh, I know better than to tell you that"—I insisted upon it, and threatened I would detain his vessel until I was informed—it was perhaps a minute or two before I got the information from him—he then called one of his men, and desired him to go down into his cabin and bring up a packet of letters (looking at a bundle of papers produced by Mr. Brown)—I am afraid I can hardly select with any degree of accuracy the papers which he first gave to me as the ship's papers—I may select some of them—there must have been a great many more than these I should think—I did not get the logbook in the first instance—I believe I got the bill of health, and the license from the Custom-house at Portsmouth—I do not see the bill of lading among the papers—the papers he sent down for was a packet—it was sealed—they came up in an envelope which the prisoner took off—I do not know whether that bore any address—there was an inner envelope which was sealed—he held it up to me, and said, "That is the person to whom I am consigned"—I saw and read the direction—I got the packet from him at the time—the following day I broke the seal of it to ascertain what was in the inside of the packet—I sent the envelope into the Court at Sierra Leone, with the vessel's papers—I have not seen it among these papers—the envelope which he held up to me, and which I broke, is not here—I have not seen it since I sent it to the Court, at Sierra Leone—I sent it together with all the papers to the Vice Admiralty Court, at Sierra Leone—I did not take them myself, I sent them with the officer whom I put in charge of the detained vessel—I went in my own vessel—I think I saw the papers in the Vice Admiralty Court, at Sierra Leone, and I think I saw them on the table at the Court in which the prisoner was tried at Sierra Leone—I do not remember that I saw the envelope
with them then—I next saw the papers in this Court at the trial of Mr. de Zulucta—I did not bring them to England myself—I saw them before the Judicial Committee of the Privy Council—I did not see the envelope there—to the best of my recollection I have not seen the envelope from the time of the papers being sent to Sierra Leone.
JOHN BROWN . I come from the Admiralty Court, Doctor's Commons—these papers were used before the Judicial Committee on the subject of an appeal regarding the Augusta—these are all the papers that came into the Vice Admiralty Court here—I have never examined them particularly—I have no doubt that those produced are all the papers that came from the Vice Admiralty Court, at Sierra Leone, but there are so many papers that we do not examine them all—they are merely put up as belonging to a certain cause, these are all the original papers—they were brought in by the Queen's Proctor, on the proceedings against the Augusta, from the Court at Sierra Leone—the then Proctor is dead—the papers came from his office—possibly one of his clerks brought them in—I cannot state the particular individual from whom I received them, it was either from the Queen's Proctor or one of his clerks—I cannot say—only nine were exhibited in the Admiralty Court.
CAPTAIN HILL re-examined. There is one letter mining—there ought to be ten-ten were put into the court at Sierra Leone—the envelope contained ten—(looking at a list)—I examined this list at Sierra Leone, to see if it was a correct list of the papers—it was perfectly correct, and I am quite satisfied that the ten letters and the envelope were put into the court at Sierra Leone—this is not my list—it was drawn out by my proctor at Sierra Leone, who put the vessel into Court—I cannot say this is the list I examined at Sierra Leone with the papers—I cannot tax my memory that I ever saw this.
MR. BROWN re-examined. I see the name of Bayford at the foot of this list—he was employed for the owners of the Augusta—here is also the name of one of the Queen's Proctor's clerks, Mr. Flood—he is living—Mr. Bayford signed it on behalf of the claimant of the Augusta, and Flood as the Queen's Proctor's clerk—I have the proceedings here—this is the claim, and the affidavit annexed to it.
MR. BROWN re-examined. I believe the name of Bayford to this list to be the handwriting of Mr. Bayford, the proctor.
(This list contained an acknowledgment of the receipt of the documents from Sierra Leone, "with the exception of No. 2 enclosed in No. 20.")
CAPT. HILL re-examined. I opened the inner envelope, and found in it ten letters—I have them here, with the exception of the one that is missing—there are but nine here—they were all at Sierra Leone, and given into the Court—the letters themselves were not sealed—they were all ten unsealed, folded up, and enclosed in an envelope, which was sealed—I broke the seal of the envelope—the letters were all addressed to somebody—on receiving that packet I again demanded the ship's papers that I had returned to the prisoner—I had looked through them, and finding that the vessel was from Liverpool, I did not examine them minutely—I should have done so had she been a Spanish or a Portuguese vessel, but finding she was from Liverpool I only casually looked through them, and then returned them to the prisoner; but finding from the name on the envelope
to whom the vessel was consigned, I demanded the papers back again to look at them more carefully—I examined the name on the envelope with the bill of lading, and finding the bill of lading agreed with the information I had received from the prisoner, I considered at once the two points together authorised me in seizing the vessel—(the bill of lading, dated 10th Nov., 1840, was here read, which stated the goods to be consigned to Don Jose H. Alvarez, Don Angel Ximenez, and Don Jose Perez Rolo)—the person there named as Rolo I presume is the same person I mentioned just now—I do not personally know any other person of that name there—I have heard of another person—after taking the papers I put a guard on board the ship, and prohibited any communication with her—it was then late in the evening, and next morning, having looked over the whole of the papers to ascertain how far I had sufficient grounds to seize her, I did so—the barracoons had been destroyed three or four months before—I think it was in Nov.—having seized the vessel I sent her to Sierra Leone, with the prisoner on board—the vessel was condemned in the Vice Admiralty Court there—I am not exactly satisfied that I was there on the very day of condemnation—I was not in the Court at the trial—the prisoner was at Sierra Leone at the time—at the time I seized the Augusta I went into her hold, and looked round the cargo—I do not recollect that any part of the cargo was opened in my presence—I had a great quantity of the cargo moved to see if I could find any slave equipments—I found none.
Q. You have said there is no commerce carried on at the Gallinas but the slave-trade; from your knowledge of the business carried on there, are you able to say whether slave-fittings could be procured at the Gallinas? A. Such as water-casks, I have seen on shore at Gallinas, fit for vessels, and rice for feeding the slaves—they are the principal things—there was a vast number of shackles and bolts at Gallinas at the time the barracoons were destroyed—we took them away, but to my own knowledge, on the day of the vessel's arriving at Gallinas, I am not aware that there were any shackles and bolts—before the barracoons were destroyed I should consider a vessel might very easily be fitted out there with the necessary implements for the slave-trade, not that I have ever seen one fitted out; I am only giving my own opinion from what I have seen at Gallinas, and what I have known of the place—when the barracoons were destroyed I found implements that are used for the slave-trade, on board and on shore both—the slaves are ironed on shore and on board both.
Q. How long would it take to fit out a vessel at Gallinas, and put on board a cargo of slaves? A. If they had prepared the necessary things before hand, it would occupy but a few hours to put the slaves on board, I mean, after the cargo was discharged, and if the vessel was ready to receive her slave equipments, and they were prepared on shore—if the parties there expected a vessel to arrive, they could procure the necessary thiogs so as to fit her out in a few hours after the cargo was discharged—I took from the prisoner all the documents I find named in this list—I took the prisoner's pocket-book—the whole of these papers were found on board the vessel—to the best of my belief, this is the pocket-book I took—I cannot say whether I found it in the prisoner's desk, or whether he gave it to me, but it was not given to me in the first instance with the vessel's papers—it was either given to me after I had seized and searched the vessel, or I found it—these letters A and B were in the pocket-book, open
—I cannot say exactly they were in the pocket-book, but to the best of my belief they were.
MR. HILL. Q. Did you search the desk yourself? A. Yes—I found some papers there, to the best of my recollection—I searched both the master's desk and another desk—it was in the cabin—I think I found papers in both—I cannot at this period say in which I found each.
MR. LUSH. Q. Are you acquainted with Bernardos' handwriting? A. I have seen him write—(looking at a letter A)—to the best of my belief this is Bernardos' handwriting, judging from a document that I taw him write, and which I still have in my possession; I believe this to be Bernardos' handwriting, as far as I can judge from comparing the two handwritings—my knowledge of his handwriting is from seeing him once write—my impression is that this is his handwriting—I cannot say whether this was inside the pocket-book—it is one of the letters I found open on board the vessel—there is a post-mark, and it is addressed to the prisoner—I examined the log at the time of seizing the vessel—I have it now before me—on the 17th of Nov. the latitude is represented to be 50 degrees at 3 miles; the longitude 7 degrees 23, and the wind as westerly and southerly-west—I cannot, without a chart, tell the distance the vessel was from Cork or Falmouth on the 18th of Nov.—the log is so much altered and written over that it is impossible to make anything out of it—it is a most incorrect document for a ship's log—it was in this state when I took it—I have not seen it since—I imagine it w meant that on the 17th Ushant would be 176 or 146 miles distant—I should imagine from this that the vessel was not a great distance to westward of the Scilly Islands, but it is only imagination—the wind was not fair for Cadiz on the 17th, if I judge from the vessel's course, because the course to Cadiz would be to the southward, and her course was to the northward and westward—it is described as "strong hurricane and rain," and the vessel would be lying-to from the storm, and not proceeding on her passage—I could not say, without a chart to see the vessel's position, whether the wind was fair for Cork or Falmouth; it is only guess-work.
(The following documents, produced by Mr. Brown, were here read:—A license by the Commissioners of Customs describing Jennings as master and owner of the Augusta.—The ship's articles, by which it appeared that the crew consisted of twenty-one persons, besides the captain, fifteen of whom were shipped at Liverpool, and the rest at Cadiz.—A declaration, dated 31st August, 1840, by P. T. Oake, of Portsea, showing that the Golupchick had been purchased of Emanuel Emanuel, by Bernardos, as agent for Jennings, for 650l., subject to the conditions of no papers being delivered with her.—The cockets, which showed that the vessel was cleared out from Liverpool, for Gallinas, on the 9th of Nov., with nearly 5000l. worth of goods of board.—The charter party, dated 19th Oct., 1840, describing Jennings as master and owner of the Augusta, and stating that the vessel was bound for the Gallinas, with a cargo of legal goods; upon which was a memorandum, in which Jennings acknowledged the receipt of 1100l. from Martinez and Co., of Havannah, through Zulueta and Co., for the disbursements of the said ship, and engaged to repay the same with the earnings of the vessel.—Instructions from Zulueta and Co., of Cadiz, directing Jennings to make out a list of damaged goods, and to obtain a certificate of the same from the consignee at Gallinas.—A letter to Jennings, from Zulueta and Co., of London, dated 20th Aug., stating they could not exceed 500l. for the purchase of the vessel—Two other letters from Zulueta
and Co., introducing to Jennings Mr. Haynes, an engineer, and Mr. Caperer—Another letter, with the signature cut out, dated 26th Sept., 1840, requesting Jennings to state what further sum would be necessary to clear the ship, and begging an immediate answer, that the money might be remitted, and the vessel start for Liverpool at once.)
Cross-examined by MR. HILL Q. What makes you recollect the 25ft of September? A. I know the vessel did not sail till afterwards—Captain Jennings was living at Denham's the whole of the time—I have no doubt I saw him on the 25th of Sept.—I do not specify one particular day, but I saw him every day at Denham's house, almost every day, I may say every day—I cannot say how many days I saw him at Denham's house—this was in Sept., 1840—I think I was on board the Augusta on the 25th of Sept., not all day long, or I could not have been at the Golden Cross, which is Denham's—I went to Denham's to see Captain Jennings—I do not remember the fact of going that particular day, but I used to go every day.
ABRAO DE PINNA . The following are correct translations of the letters A and B—(read)—"Friend, I enjoin you not to forget to take the boat I recommended to you, with her sails and oars; and I do also enjoin you, immediately on arriving at G----, first of all to send ashore the letters, and not to forget to leave the said boat there, and which you are to direct to be delivered up to Don Thomas Buron, for whom you carry a ****. The day after to-morrow I leave for France, and I wish you a fortunate voyage. Adieu, my friend. Captain Thomas Jennings, at Mr. Denham's, Broad-street, Portsmouth."
"Messrs. Thomas Jennings, master of the English schooner Creole, Dated Cadiz, 11th May, 1832. Dear Sir,—I had thoughts of sending the schooner under your command to Tampico, but, as will be plain to your good understanding, in such a direction she cannot run along the coast, owing to her small burthen; and for that reason I have resolved to let her remain in this port, under the care of the bearer hereof, to whom I beg of you to deliver her up; and immediately after having done so, you will apply to this your house for the purpose of receiving what may be remaining, so that nothing whatever, under any circumstances or reasons, may be left outstanding. This motive affords me the opportunity to give to you the most expressive thanks for the commission you have just executed so much to my satisfaction, and about which I have written to friends Zulueta and Co., of London, for them, under circumstances, to prefer you, as will always be done by him who has the pleasure to subscribe himself at your disposal, and your most affectionate, obedient, and assured servant, who kisses your hands, PEDRO MARTINEZ."
(The ship's manifest was here read, showing that she had on board a case of looking-glasses, 10 casks of copper ware, 134 bales of merchandize, 1600 iron pots, and 2370 kegs of gunpowder, besides ammunition and stores.)
Q. Who to? A. Captain Bernardos and Captain Jennings both came together when the money was paid—I received for it 650l.—there were no papers or documents given with the vessel when she was sold—I merely gave an order to the ship-keeper to deliver the vessel up—I think
this payment was on the 31st of August, 1840, for I forwarded the money on the 1st of September.
Cross-examined by MR. HILL. Q. Bernardos had been in command of the ship before? A. I believe he had.
HON. CAPTAIN JOPH DENMAN . I am a captain in her Majesty's Navy—I commanded a district on the African coast during the years 1840 and 1841—the river Gallinas was in my district—I was within sight of that river about eight months, scarcely ever out of sight, watching it closely—there is no trade whatever carried on there but in slaves, and the goods imported for the purpose of buying them—there were six large factories for slaves there, and two small ones—barracoons are one part of a factory destined to receive the slaves—a large barracoon will hold 1000 slaves or more—I knew Ignatius Rolo—he is now dead—I saw him at Gallinas, and also, I think, on board the Wanderer—I am not certain whether it was on board our ship or another—I know he was the factor of a slave-factory called Jekree—he and his brother were the agents—I never saw Don Thomas Buron—I have captured slave ships—there are parts of Africa where nothing but lawful trade is carried on, and many parts lawful and unlawful, but at Gallinas there is no lawful export trade—there is no export, except of slaves.
Q. Will you take the log, on Tuesday 17th Nov., what would be the position of the vessel? A. It would be a little to the westward of the Scilly Islands—(looking at a chart)—this is sufficiently accurate for me to answer the question by—I should say, on the 18th she would be about 120 miles from Cork—the wind is stated to be SSE in the forenoon, and variable in the afternoon—she would be 800 or 900 miles from Cadis on the 18th—he would have to pass the coast of Portugal to make round across the Bay of Biscay, and he would round Cape St. Vincent—the wind was fair for Cork on the 18th, as direct as it could blow in the morning, but foul for Cadiz; but in the evening it was fair in either direction which she wished to go—it says variable here—I cannot precisely say how the wind might have been, but by the courses it does not appear there was any sudden change—the wind shifted to the NE during the night of the 18th, and continued so on the 19th, and during that time it was blowing a heavy gale, and the ship's head SW, and it makes her go three knots and three and a half—it is perfectly impossible, in ships going before a heavy gale of wind, to be going three and a half, especially the Augusta, which was a very fast sailing vessel indeed—the wind was fair for Cadiz, and she was steering a proper course—on the night of the 19th the wind seems to have shifted SE—it was foul wind for Cadiz, but she might have taken advantage of it where she was—on the 21st it was fair for Cadiz—the fact is, the log is so incorrectly kept, it is impossible to judge anything about distance—the latitude and longitude puts it in one place, and the distance from certain places puts it in another.
Q. Well, it appears they arrived at Cadiz on the 6th of Dec, having been 120 miles from Cork on the 18th of Nov.; now, considering what the wind was, and the speed of the Augusta, how long would it take her to get to Cork? A. She might have got in next day easily, I should say, if she wanted repairs on the 18th, and the wind was foul for Cork, she should have looked out for another port, which would have been Lisbon—there is no question if she wanted repairs she should have gone back to Cork.
Cross-examined by MR. HILL. Q. Where did you see Rolo? A. I saw him first of all in the anchorage off the Gallinas, and on board the Vanguardia, a slave vessel, which I captured, and afterwards on shore at the Gallinas, at a slave factory at Dombocoro, where he landed—I sat down in a room with him there, and had a good deal of conversation with him—I do not think I saw him again.
Q. Suppose a vessel comes into a port with dollars and money, and wants slaves, would not that be the readiest mode of obtaining them, the ship having to remain the shortest time in port? A. I think not—the more convenient course is to send a cargo out to the slave factors to prepare slaves ready for that cargo, and send other vessels out for the slaves—the ship discharges its cargo, then goes away, in many cases, and by arrangement another ship comes and takes the slaves—that is generally the most convenient plan—that makes two vessels necessary—the Gallinas is about 200 miles from Sierra Leone—I went there almost immediately after the barracoons were destroyed—I do not admit that I destroyed them—they were destroyed by the native chiefs, between the 17th and 26th of Nov.—I arrived at Sierra Leone about the 28th of Nov.—I carried up the news—there is no slave dealing at Sierra Leone—the average time between that port and England, is six weeks—that would be a very good passage—I should say it would be about a month to Cadiz, and six weeks to Plymouth or Portsmouth.
MR. PAYNE. Q. You saw Rolo on board the Vanguardia slave-ship, which you captured? A. Yes—he had gone off to her, on her arrival, evidently to arrange about the slave cargo, supposing her to be in the hands of the captain, and not the British—it was Ignatius Rolo that I saw, not Jose—it is the constant practice for one vessel to take out the letters with respect to slaves—the letters are of the greatest importance.
THOMAS JAMES CLARK . I was cabin-boy on board the Augusta. I sailed from Liverpool—when we got into the Channel we had a gale—we might have been out a week or more—I heard, when I signed articles, that Iwai going to the Coast of Africa—I was never much at sea before—when the gale came on the crew complained because the captain would not put into Cork—they told him there was a fair wind back to Cork—he told me to go forward and tell the hands if they chose to put to, and go to work, he would put into Cadiz, when they came to it—the gale lasted some time—I cannot say whether it was a week—when we got to Cadiz some of the sailors were discharged—we were there a month or more—the captain was frequently on shore—I do not recollect one Martinez coming on board-several lads came on board to refit the ship—Iwent on shore with the captain, once, to the Consul's house—I was on board when the vessel was taken—while the ship was being overhauled I saw the captain pass some papers in the cabin to Ancilla, who acted as a sort of steward—Captain Hill was down in the cabin at the time—I do not believe he saw this—the steward came on the deck with them, and went into the galley with then)—there was a fire there—I did not see the papers afterwards, and do not know what they were—I did not hear the captain say what he was to do with them—about a week after we left Portsmouth I found some bolts stowed in a locker, in the cabin, and placed them aft, in the locker, by direction of Motley, the chief-mate—I do not know how many bolts there were—they were in a canvass parcel, and not very heavy—I did not find any shackles.
Cross-examined. Q. You put them aft? A. Yes, in a locker on deck—I did not mention about the papers till I came up to London—I mentioned them to Sir George Stephen, at the time of the last trial—I was not asked about them on the trial—there was a dispute between the men and Captain Jennings, and he discharged five of them at Cadiz—I do not know that they were mutinous—I believe it was on account of not going back to Cork—I never had a great many words with the captain—ho treated me very well—I did not ask him for a character, to my recollection—I forget—I do not remember his refusing to give me one—I was discharged at Sierra Leone, after leaving Captain Jennings—after coming out of jail I went into a small schooner bound for Gambia—I went on shore, and went to the hospital—the master took me without a character—I am quite sure he did not ask for one—I had never been to sea before, except in boats, at Portsmouth-harbour, helping the watermen—I have been to North America—that was after I left the Augusta—I never said it was before—I do not remember being asked on the last trial how often I had been to sea before, and answering, "I have been to North America before"—I forget whether I was asked the question.
MR. LUSH. Q. What were you in jail for? A. I do not know—Captain Hill took us prisoners.
WILLIAM THOMAS ONYON . I knew the Golupchick—I lived at Portsmouth when she was there—I knew Captain Jennings there—I have been on board the Golupchick at Portsmouth since she has been called the Augusta, and saw Captain Jennings on board her—I have often seen him receive letters on board—he generally read them, cut the name out, and patted them to me.
Q. Was any application made to you by the Captain, or in hit presence, to join the vessel, and had you any conversation as to where the was going? A. Yes, I was not disposed to go on board—he told me she was going from the coast of Africa for general trade, and, perhaps, might go to Hava-nah—I have heard him speak Spanish—I have heard him speak of the Gallinas with John Ancilla, respecting the situation of the Gallinas and the coast in general—when he told me where the vessel was going I told him that it was bad going from the coast to Havannah—I saw how the Augusta was made—I found 22 or 23 deck-screws on board, wrapped in canvas—they are used for forming a separate deck, to make two out of one—I believe that is done for the carriage of slave—I saw some shackles in the hold—I do not know how many—there were false tops to the bed places, a space of between four and five inches between the deck and cabin, and a moulding, which would enable things to be concealed—the shackles were not to be seen till the leagores were broken up—they are large vessels for water.
Cross-examined. Q. Have you ever seen false decks with such screws as these? A. Never in my life—I did not count the Bcrews—it waa at Portsmouth I saw them—I remember the ship being sold—I think that was the latter end of Aug. or early in Sept.—the shackles were found when they broke the leagores up—I teach navigation—I knew Motley—the entries in the log-book of the 17th and 18th Nov. are in his handwriting—it looks his writing all through—he was mate—it is the duty of the Custom-house officers, before a vessel is suffered to sail from Portsmouth or Liverpool, to examine her to see that she has no unlawful articles on board—I should think that an Englishman could not command a Spanish
vessel, but I am not aware of that—I am not much acquainted with foreign ships, but I believe it is generally understood so.
LIEUT.-COL. ED. NICHOLLS . I was governor of the island of Ascension, and afterwards of Fernando Po—I am acquainted with the Gallinas—I have known it and the trade of it for the last twenty-two years—the commerce carried on there is the slave trade entirely—there is not the slightest commerce of any other description carried on there that ever I heard of—I am not aware of any slave establishments there from my own knowledge—I have never been on shore there, only in the roads—it is not usual to go there and buy slaves with money—you could not get a slave for money in my opinion—I never knew a slave bought for money—I have not seen slave contracts there—I have at Calabar and Cameroon, and other placet-that is 1500 miles from Gallinas—I am not personally acquainted with any other slave establishments on the coast of Africa—it has been my duty to watch the slave trade during the time I have been there—the slave-ownen at Gallinas never came in my way—I never saw one of them during the ten or twelve years I was on the coast—I never knew or heard it reported that any British vessel was there for any other purpose than slaves—I had a couple of schooners which brought me reports how the trade was carried on—I do not speak from my own knowledge—I was on board her Majesty's ship Victor, which was engaged in watching the slave trade there—I was not on board very long—we chased slavers out of the roads off the Gallinas, and captured them afterwards—I was there a very short time.
CHARLES TYE . I took the prisoner into custody—after being committed to Newgate by Alderman Johnson, he said, "Well, I suppose I am to be the sufferer; I could say a good deal if I liked, but I won't"—I said, "Why not?"—he said, "Because I should get other people into trouble"—I said, "I don't want to hear anything you have got to say"—he said, "I don't care who knows it."
JOSEPH CASE . I was at work on board the Augusta when she waist Portsmouth-harbour, and have had conversations with Captain Jennings about the Gallinas—I have sailed on the coast myself—I know well it is no place of trade at all, but just the slave trade—I have had no conversation with him on the subject—he said he was going to the coast of Africa—he never told me anything about the trade at Gallinas, nor did I tell him—I have had no conversation with him about what sort of place the Gallinas is—I knew what it was before I saw him.
MR. HILL called
MR. PAYNE. Q. Where was he employed as captain when you first knew him? A. On the coast of Portugal—when I have met him afterwards it was always in England—I have been engaged in the South American, East India, and China trade—I think it was rather later than May, 1832, that I knew him—I am not quite sure—I believe Tampico is on the Spanish main—I did not know him when he was master of the schooner Creole—I think he had commanded the Swift schooner in 1832, on the coast of Portugal—I did not know him commanding the Tipucani—I think he commanded the Vixen—I do not know what vessel he commanded before he was in the Augusta—I had not seen him for some years—I had been absent from England three years—I do not think I
saw him in command of the Vixen—I heard that the Vixen was seized up the Mediterranean, but not for slave trading—I believe for smuggling—I understood she had salt on board.
HENRY GEORGE HOLTON . I am a ship-owner, and was formerly master of a ship—I have known Captain Jennings on the coast of Peru in 1820, and since then—his character is very good for integrity and humanity.
MR. PAYNE. Q. What was the name of the vessel he commanded ou the coast of Peru? A. The Wasp—I did not know the Tipuani—I have heard he commanded that vessel—I knew him in the Maria, in 1836, or 1837—I did not know him commanding the Creole—I was not in England in 1832—I did not know from him that he commanded the Tipuani or the Vixen—I have not been to the Gallinas.
NOT GUILTY .
NOT GUILTY .
OLD COURT.—Saturday, June 21st, 1845.
Second Jury, before Edward Bullock, Esq.
HENRY SNOWDEN . I keep a dining-room, in Maiden-lane, Covent-garden—the prisoner was my waiter. On the 13th of June I had 11s. 8d. in silver in my till in the bar—I know it was safe about a quarter after eleven at night—there were two half-crowns, shillings, sixpences, and two 4d. pieces—I was in the bar parlour adjoining the bar, about four yards from it—I was not absent above three minutes—I heard the till rattle, jumped up, and saw the prisoner drawing his hand from the till—I went to it, and found it a little open—I had left it shut, I am certain—I do not know whether I locked it—I laid hold of him, and said, "You rascal, you have been robbing me"—he opened his right hand, produced 6d. and said that was all he had—I laid hold of his left hand, and said, "You have more"—a scuffle ensued—he went to the end of the bar, and threw some money on the counter, put his hand into his pocket, and threw some more money out, and said he had not been robbing me—I called a policeman, and found there were two half-crowns, two shillings, two sixpences, and a fourpenny piece left in the till—the policeman picked up the money he threw down.
Cross-examined by MR. DOANE. Q. Are you quite sure you counted the money accurately? A. Yes—I have had the prisoner in my service three times—I have known him four years—I am very sorry for him, and am anxious to do anything hi him when he gets out of trouble—I never found anything wrong before—I think he had been making rather too free with liquor—I was in view of the till when this happened, sitting down about four yards from it.
Cross-examined. Q. You found 14s. 7 1/2d. altogether? A. Yes. (The prisoner received an excellent character.)
GUILTY. Aged 24.—Strongly recommended to mercy. — Confined Fourteen Days.
JOHN WILKES . I am footman to Mr. Johnson, of Saville-row. On the 30th of May, about half-past eight o'clock, the prisoner came there, and said he came for two volumes of the "Medical Advertiser"—he walked in—I shut the street door after him, and left him in the hall—I went up stairs, and instead of going into the room, I looked over the banisters—I saw him come along the passage, and put his hand up to a coat—I came down, went across the kitchen, and heard the street door shut—I went up the area steps, and saw him going down Saville-row with the coat on his arm—I followed him down the passage—he turned round, and saw me, and threw the coat at me—I took it up, and followed him, calling "Stop thief"—I did not lose sight of him—I saw him stopped—I gave the coat to Bradley—this is it—it is the property of Mr. Henry Hughen Hallett, who was stopping at my master's house.
Cross-examined by MR. O'BRIEN. Q. Has he any other name? A. No—letters and parcels are directed to him in those names—I never saw the prisoner before—there are three turnings, but I am quite certain I kept sight of him—I observed his features when I let him in.
ROBERT EDWARD BRADLEY (policeman.) I was on duty about nine o'clock in the evening, I heard a cry of "Stop thief," and saw the prisoner running down Regent-street, crying "Stop thief" himself—I stopped him in Chapel-place, Regent-street—Wilkes came up, and gave him in charge, and gave me the coat.
Cross-examined. Q. Was it not dark? A. No, duskish—there were several people following the prisoner—I did not see anybody before him—Wilkes came up in about a minute and a half, or two minutes.
WILLIAM METCALF . I produce a certificate of the prisoner's former conviction, from Mr. Gilby's office at Westminster—(read—Convicted 9th May, 1,844, of larceny, and confined three months, seven days solitary)—I was present at the trial—he is the person.
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Justice Patteson.
(From the testimony of the surgeons, Mr. Odling and Mr. Hind, it appeared the child might have died from natural causes.)
NOT GUILTY .
Before Mr. Baron Platt.
GUILTY. Aged 17.—Recommended to mercy on account of his youth and the Prosecutrix's indiscretion. — Transported for Life.
NOT GUILTY .
OLD COURT.—Monday, June 23rd, 1845.
Fourth Jury, before Edward Bullock, Esq.
JAMES MOODY . I am in the employ of Mr. Skelly, of High-street, Shadwell. On Saturday evening, the 19th of June, the prisoner came to my master's with a fork which I believe is silver—my master deals in those things—the prisoner said he wanted to sell it—I asked where he got it—he said he cut it out of a waste-pipe—I asked where the waste-pipe was—he said on board a ship—I left him in the shop with my master, went for a policeman, and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. Is this the Goldsmith's Hall mark? A. I cannot say whether it is—it is disfigured—the prisoner did not ask me whether it was silver—I tried it when it was brought to me, and it stands the test of silver.
WILLIAM TAPLIN (policeman.) I took charge of the prisoner and the fork—he said he was at work on board a steamer, and cut it out because it caused a stoppage in the pipe—I asked if anybody was on board—he said nobody but the ship-keeper, and he did not like to give it up to him.
CHARLES ALLAN . I am steward of a steam-packet. This fork belongs to the West India Mail Company—Mr. Robert Steer Norton is the commander of the ship Avon, to which it belongs—the prisoner was employed on board as a plumber—there was a pipe stopped, and he was employed in cutting it.
Cross-examined. Q. Mr. Norton is the captain of the vessel? A. Yes, and is accountable for the property while on board—he was not on board at this time—I have charge of all the property on board, including the silver—I am the head steward—the captain has the care of the vessel.
NOT GUILTY .
1272. ANN PHILLIPS was indicted for stealing, on the 7th of June, 1 purse, value 2d.; 2 sovereigns, 7 half-crowns, and It., the property of Thomas Gadden, from his person; and MARY JONES for feloniously receiving the same, well knowing it to have been stolen, &c.
THOMAS GADDEN . I live in Gloucester-buildings, Backchurdh-lane. On the night of the 6th of June, about twelve o'clock, I came out of a public-house at the corner of Petticoat-lane, and saw Phillips—she asked me if I would stand a drop of anything—I said it was rather too late—she said, "Never mind, come over the way"—I said, "If you particularly want it, I have no objection"—I went over to another public-house with her—there was another female with her—I asked them to have what they wanted—they called for what they wanted, and I called for what I wanted—I took my purse out, took 1s. out, and paid for it—I put my keys into my left trowsers pocket, and the change into my right—there were two sovereigns, seven half-crowns, and other money in my purse—I drank my ginger-beer, and we came away from the house—Phillips came away with
me, but not the other woman—I walked down Red Lion-street, and turned down Duncombe-street—I was going to make water—Phillips was still with me—the policeman told us to move on—just as she was going away, he asked me something—I cannot say whether she heard it—I felt for my purse, and missed it—I had a particular shilling in the purse when I lost it—I can swear the shilling now produced was in the purse.
Cross-examined by MR. BALLANTINE. Q. When had you seen the money safe? A. After twelve o'clock, when I was in the public-house—I put it into my pocket—I had been drinking, and was a little the worse for drink, but not drunk—my trowsers were not down when the policeman told me to move on.
Cross-examined by MR. MELLOR. Q. Is there anything paricular in this shilling that you can positively swear to it? A. Yes; I had seen that it was disfigured before, on the neck—I had it in ray possession about half a day before I lost it—I was very curious in looking at it when I received it in change—I have been without a wife eleven years—I had only been into two public-houses—I was not tipsy.
EDWARD WIGLEY (policeman,) About half-past one o'clock on the morning of the 7th of June I saw the prosecutor and Phillips in Red Lion-street, turning out of Whitechapel into Duncombe-street—I watched them—the constable on the beat went up and sent them away—they went to Rupert-street—I passed them, and turned back—I went up to the prosecutor and spoke to him, when Phillips left—in consequence of what he said, I went in pursuit of her—I found her at No. 4, Gulston-street, and Jones also, both in the same room—I told Phillips she was charged with robbing a man of his purse, containing two sovereigns and about 13s. 6d. in silver—the prosecutor was with me—she denied it, and said she had brought a man in, and had paid half-a-crown for the bed—Jones said, "You did no such thing"—I searched Phillips, and found half-a-crown and 2s. 6d. on her—Jones walked out of the room—Kelly came, and I told him to stop her—he brought her back—I asked her what money she had in her pocket—she said she could tell within 2l., but did not mention any amount—she took her money out—I asked Kelly to count it—I do not know what amount it was—Kelly took possession of it.
Cross-examined by MR. MELLOR Q. What time elapsed between your seeing the prosecutor, and finding the prisoners at the house? A. About ten minutes—the house is about 300 yards from where I saw the prosecutor—I went to the house directly I saw him—I was some time talking to him.
THOMAS KELLY (policeman.) I went to the house where the prisoners were—I saw them in the room with the prosecutor—I received Jones's money, aud counted it—there were two sovereigns, seven half-crowns, four shillings, five sixpences, and a fourpenny-piece—she said it was all her own—I took her into custody—I gave the money to the usher of this Court.
PHILLIPS— GUILTY . Aged 26.— Confined Six Months.
JONES— NOT GUILTY .
Before Mr. Baron Platt.
1273. JOHN SCULLY and MICHAEL TYRRELL were indicated for feloniously assaulting William Upchurch, and cutting and wounding him on the head, with intent to disfigure him.—4 other COUNTS, varying the manner of stating the charge.
MR. PRENDERGAST, on the prisoners' behalf, stated that they felt they had transgressed the law, and were ready to admit having committed an assault.
By consent of MR. BODKIN, for the prosecution, the Jury found them GUILTY of an assault only. — Confined Six Months.
NOT GUILTY .
ARCHIBALD JOHNSON . I am house-surgeon of St. George's Hospital. The deceased, William Iles, was brought there on the 2nd of May, about six o'clock in the afternoon—I believe he was led there—he could stand—he had a contused wound, about an inch long, above the right eyebrow—he also appeared to have bad concussion of the brain, from which he was recovering—I sent him to bed—the wound went down nearly to the bone, but not quite exposing it—I am quite sure it was inflicted by a blunt instrument—he appeared to have lost some blood, but not much—I did not bleed him—I applied something to the wound, and gave him calomel—he was a very old man, and it would not have been right to bleed him—on the following morning he was much better, the wound looked healthy, and he was perfectly sensible—he said he wished to leave the hospital—I advised him strongly to stop, and told him he was not out of danger—I expected inflammation of the brain or erysipelas might follow, either of which might end fatally—he left that morning—he came again on the 7th, and then had erysipelas of the head and face, which I should think had been on him two or three days—it was of a very low character, snowing that the powers of life were much depressed—the wound was still unhealed, still open—it was looking dry, but not otherwise unhealthy—I ordered him to bed, and all was done that could be done to arrest the progress of the erysipelas, but he died on the morning of the 10th of May—the cause of death was the erysipelas and its effects—I could not say positively that it was produced by the wound—erysipelas of the head and face sometimes occurs without any injury, and, as it came on when he was out of the hospital, I could not say positively that it was produced by the wound—it is probable, but I cannot say.
MR. DOANE, on the prisoner's behalf, stated he could not deny the prisoner had committed an assault; and by consent of MR. HUDDLESTON, for the prosecution, the Jury found the prisoner
GUILTY of an Assault only. — Confined Six Months.
JOSEPH DOWLING . I have known the prisoner five or six years—about last Christmas I was taking a drunken man home—I saw the prisoner take the man's purse out of his pocket, and go away with it, and I gare information of it to the policeman—one Monday, last May, I went to tie Red Lion public-house in Holborn, and saw the prisoner there, about a yard from the doorway—directly I entered the house, he said, "You b—old rogue, I will do for you"—he caught hold of my neckcloth, and three me right down on my back on the floor—he kept hold of my neckcloth, and held it for five minutes, until I was nearly strangled—I could not get up—he was standing straight across me, leaning down towards me—a female in his company interfered, and said, "Let him get up," or he would have strangled me—she did not pull him off—she persuaded him to let me go—he let me get up, and then gave me a very violent blow in the breast, as I thought, with his fist—I did nothing to him—I found it a very curious feel, and as he pulled his hand away he cut the top of my thumb, and I saw the blade of a knife in his hand—he walked out directly—I am down on the bench, and had a pint of beer—my breast felt very painful—when I had had my beer I went home—I did not undress, it was so painful, I laid down with my clothes on—in the morning I found I wat covered with blood all over—I found it so about two hours after I got home—I complained to my brother about it—this is the coat and waistead I wore—the wound was right in the centre of the breast—here is a mark of bloood inside the waistcoat all round—it is a double-breasted waistcost—it is not cut, as it was not buttoned up to the top.
Cross-examined by MR. BALDWIN. Q. What are you? A. A private watchman—I did not take the prisoner into custody when he took the purse, because I am not a constable, and I could not detain the gentleman—I had seen the prisoner many times since that, most Saturday nights—I had no occasion to give him in charge—I had given information to the policeman when I saw it, and gave him into custody in less than ten minutes—the policeman is not here—he was taken, and discharged in the morning, as nobody appeared against him—I was too late—this happened in the Red Lion, at six o'clock in the morning—I had not seen him there—I have had a good many quarrels with him about the charge of robbery—he frequently abuses me when I am in the street—he spoke first when I went in—I did not speak at all—I did nothing to him—after I was stabbed I put my arm out, and took hold of his nose and wrung it—I swear that was after he struck me the blow in the chest—my thumb was cut very slightly, but it bled very much—that was not done as I was wringing his nose.
Q. You did not find out you were wounded until ten o'clock in the morning? A. I felt it very much indeed while I was going home—I was too ill to take off my coat and see what was the matter—I was exhausted, having been out all night—I was hardly able to walk home—I felt I had been hurt, but did not take off my coast and waistcoat—I have the shirt I had on—(producing one saturated with blood)—I have never looked to see whether it is cut through—I persist in saying the blow was struck before I pulled his nose.
morning, the 19th of May, the prisoner came in with a female—he was talking to her about the watchman accusing him of taking a purse out of the pocket of a pawnbroker—he swore against the prosecutor's life—he said the moment the watchman stopped his bread, he would stop the watchman's wind—he swore what he would do with him if he got hold of him—the moment Dowling came in, the prisoner caught hold of him and said, "Joe, you are a b----y old rogue"—he caught hold of him by the neckerchief, and held him down on the ground, strangling him, holding him by the neckerchief, and pulling the upper part of it—he held him to until he was black in the face—I called out to him, but he did not loosen him—I called to him again, and then went to run round the bar, and he allowed him to get up—after that there was a deal of swearing, the prisoner swore two or three times over, and said several times that the moment he stopped his bread, he would stop his wind—after that Dowling moved towards a desk at the end of the bar, from the prisoner—there was a deal of talking between them about this robbing the pawnbroker, and the prisoner laid hold of Joe, and Joe laid hold of his nose—I was busy at work, and was not aware after seeing him get off the floor, that anything but angry words was going on, and did not pay attention to it—the prisoner aecused Joe of having sent him to Bow-street for taking the pawnbroker's purse—Joe said, "It served you right," and he wrung him by the nose, and at that time I certainly saw a great deal of fumbling about the chest—the prisoner struck Joe on the breast, I mean, and the moment he finished that, he ran out, leaving the woman behind—it was not a gentle blow—it was a sort of thumping with both hands, while Joe had hold of his nose—I did not perceive that the prisoner was drunk in the least—I had never seen him before.
Cross-examined. Q. You do not know what he is? A. He had a cabman's badge on—by stopping his bread he meant taking away his license—it was mentioned before to the female, something about the license, because it would be put on his license about his being sent to Bow-street—Dowling took the prisoner by the nose after he got off the ground—the prisoner was striking him on the breast at the time he had hold of his nose—they were both scuffling together—I am hardly able to tell which laid hands on the other first—it was at the same time, he had hold of him by the nose, at the time he was striking him on the chest—when I saw them one had the other by the nose, and the other was striking him on the chest—he struck him two or three times—I think with both hands—it was a sort of pummelling—they were close together—I saw no violent blow.
COURT Q. Did you see any knife? A. I did not—after the prosecutor got up he moved towards the desk, the prisoner went towards him, whether he caught hold of him before the prosecutor siezed his nose I cannot say—I could not say whether the prisoner caught hold of him first or the watchman of him—I had my back towards them cleaning the brass work—when I heard the scuffle I turned round, and at that time one was holding the other's nose, and the other pummelling his chest—I did not notice whether the prisoner appeared excited—I heard the prosecutor say his thumb was cut—I did not see it—a woman gave him a piece of handkerchief to wrap it up with.
GRACE GIBLING I am the wife of James Gibling, a coachman—five weeks ago this morning, as I was going along Holborn at six o'clock, the prisoner called me from the opposite side of Holborn to the corner of Red
Lion-street—we went into the public-house together—he was telling me he was much hurt in consequence of a watchman's accusing him of a robbery on Mr. Crocket, the pawnbroker, at the corner of Dean-street, and it was old Joe, the watchman, who caused him to be brought into the station house, and given in charge of a policeman—he said that he did not appear against him, he was too late—I do not think it was named when—we were not taking any refreshment, we had not time, for at that instant the watchman came in, and the prisoner said, "Joe, you are a d—d old rogue; if you stop my bread, I will stop your wind," or something to that effect—a scuffle ensued between them, and the watchman was knocked down on his back by the prisoner—I cannot tell how, it was done in an instant—my back was towards them—when he was down the prisoner caught him by the neck handkerchief—I was not close enough to see whether he held it loosely or tight, but I insisted on his letting him get up, which he did, and the watchman stood with his back to the door—I looked at his face, and it began to look a little black—I told him so, and he let him get up by my persuasion—another scuffle ensued, and the watchman was down again, but I did not see that.
Q. Why not interfere to prevent this? A. I did interfere, because his face looked black—I persuaded the prisoner to let him get up, and he did so instantly—he let go, and let him get up—as soon as he got up he pot his back by a little desk by the door, and another scuffle ensued, but I was at a little distance, and what followed I did not see, for I was very much confused to see it—the prisoner went out directly—I went out afterwards—I was present the whole time—I cannot tell what happened at the second scuffle—I saw nothing more than a scuffle between them—the watchman got hold of the prisoner's nose—I could not see whether the prisoner put his hand on him after he got to the desk—my back was towards them—the prisoner's back was to me, and the prosecutor's face towards me—they seemed quiet then—I did not notice whether both the prisoners hands were down—I saw no more than the prosecutor had hold of the prisoner's nose—the prisoner's back was to me—I was going out at that instant, and the prisoner went out at the other door—I did not see more than I have named—the watchman came across, and the prisoner went instantly out of the house—the watchman sat down and seemed much confused and pale—he called for a pint of porter and asked me to drink, I put my lips to it, and wished him good morning.
Cross-examined. Q. You have known the prisoner some time? A. I have known the family for years—he is a cab-driver—he said his licence would be taken away on the 1st of June—it had not been taken away at this time—I know nothing about his character—I know his parents are respectable, and I never saw any harm of him.
COURT Q. Did you see where the prosecutor was wounded? A. No, I saw a little blood on the left thumb—I said, "How did you happen to get that?"—he said he thought it was done in the scuffle—I tore my handkerchief and gave him a bit of it to wrap round it.
MR. BALDWIN. Q. What sort of a wound was it? A. Merely a scratch—it might have been done by the teeth while he was pulling his nose.
ALFRED KING . I am a surgeon and live in Gray's-inn-lane. On Monday morning, the 19th of May, between ten and eleven o'clock, 1 went to the prosecutor's and found him lying down by the side of the bed with his
clothes on—he wan in a fainting state, from loss of blood—I saw blood coming from his shirt—I examined his breast immediately and saw a wound in the centre of his breast, on the bone of the sternum—it was about an inch and a half or two inches long, and went to the bone—it was not very deep—there is not much flesh in that part—it was an incised wound, such as would be inflicted by a cutting instrument—there appeared to have been a great deal of hemorrhage—I examined the surface of the bone with a probe—there were two arteries wounded—pressure stopped the bleeding—I was obliged to open the wound a little to secure the arteries—that gave me an opportunity of viewing the bone underneath, and I could see it had been wounded slightly with the point of a knife—it must have been a violent blow, going through the clothes and to the bone—it is very difficult for a knife to go through a bone—there was a slight mark as if the point of a knife had touched the bone—I looking at a knife produced by Kendall)—the wound might have been inflicted by this instrument.
Cross-examined. Q. You did not find more than one wound? A. No—it was what I call a stab—if it was struck upwards or downwards, it would produce a wound of that length—if you held the knife upwards I should call it a stab—the knife is not sharp both ways, that is the reason I suppose it was given either up or down—I should say it was caused by a knife like this—I should say it was given with a thrust—there must certainly have been some cutting to make that length of wound—I think considerable force must have been used—I judge of that from the mark on the bone and it having gone through the clothes—two small arteries were wounded—they might be an inch apart—the wound being an inch or an inch and a half long there might have been two or four arteries in the neighbourhood, and the knife running down might have wounded them.
COURT. Q. Did you ever know a stab without cutting? A. There must be a stab to be a cut—if I were to stab a man I should cut him—if the knife was not drawn out quite straight it would enlarge the wound.
JOSEPH KENDALL (policeman.) On the 19th of May I was on duty in Gray's-inn-lane—the prosecutor's sister-in-law came to me, and I went and took the prisoner into custody, in Rose-alley, at his lodging, on Monday—I took him to the station, searched him, and took this knife out of his right hand trowsers pocket—I told him the charge at his lodging—he said he was there about six o'clock in the morning, but knew nothing of it—I have produced the prosecutor's clothes—I took the coat and waistcoat myself from his room—he was lying in the bed without his shirt—the surgeon was dressing his wound—the whole of the clothes were congealed with blood.
(Caleb Robinson, of George-street, Lambeth, who had known the prisoner three years, deposed to his good character.)
GUILTY .— Transported for Fifteen Years.
1278. EDWARD PAYNE SALE was indicted for feloniously assaulting Mary Sale, on the 14th of May, and cutting and wounding her upon the left side of the chest, with intent to do her some grievous bodily harm.
MARY SALE . I am the prisoner's wife. One Sunday afternoon, seven weeks ago, I was taking tea with Mr. Patteson and my husband—there was my brother-in-law, whose name is Bolton, and a friend in company—four of us were at tea between three and four o'clock—we had been drinking all the Saturday night and all the Sunday morning, as well until tea-time—I had some whisky—I was not with my husband all the time; I
was in Whitecross-street along with another neighbour—there is a place open all night—I was there all Saturday night and Sunday until I came home away from my husband—I was in Whitecross-street till between eleven and twelve on Sunday—I then came home—my husband was not at home when I came home—our party of four assembled between three and four-my husband began to cut the bread and butter—he had given me some money to buy the dinner with, I had spent it in drink, and he was asking me about the money—he complained of it, and I called him very bad names, which made him angry—he was cutting bread and butter, and flung the knife at me—he was on one side of the window, and I on the other, and the table between us—I was very aggravating, calling him very bad names—the knife hit me in my bosom—it gave me a little bit of a cut—I felt no pain in it—I could come out the next day, and have not felt pain ever since, or any inconvenience—my husband ran for a doctor, and appeared sorry for what he had done—he had been drinking also, but not much—Bolton, my brother-in-law, was in the room at the time—he it a bonnet-box maker, and my husband is in the same trade.
WILLIAM BOLTON . I was at the prisoner's place, on the 4th of May, taking my tea—the prisoner was cutting bread and butter—he had been drinking, and his wife also—she began to abuse him in the most dreadful language, calling him very bad names indeed—he appeared very angry, and told her to hold her tongue several times, but she still continued, and be threw the knife at her—it struck her in her left breast—he went for I medical man, and came back with him.
Cross-examined by MR. PAYNE. Q. Did he appear very sorry? A. Yes—he did not attempt to go away at all; he remained all the time—they had both been drinking a good deal—a second doctor came.
COURT. Q. How long have they been married? A. I believe about ten years—he was a kind husband, and a hard-working industrious man.
WILLIAM BROWN . I was assistant to Mr. John Smith, a surgeon, it the time in question. The prisoner came to the shop, and asked me to go to a person who was stabbed—I hesitated about going—he pressed me very much, and was very anxious I should go—at last I went, and saw the prosecutrix—she was wounded in the breast—it was an incised wound, more or less punctured—she bled very little or none—it was a seven wound—it was in a dangerous place—the prisoner appeared to be very anxious about her.
(The prisoner received a good character.)
GUILTY of an Assault.—Strongly recommended to mercy. — Confined Ten Days.
1279. SAMUEL HASLER, THOMAS TWAITES , and ROBERT MACKWAY were indicted for burglariously breaking and entering the dwelling-house of James Torrey, about the hour of three in the night of the 29th of May, at St. Leonard, Shoreditcb, with intent to steal, and stealing therein, 3 bobbins of cotton, his property.
WILLIAM EDWARD BALL (policeman.) On the 30th of May, about four o'clock in the morning, I was on duty in Garden-court, Hoxton-market, and as I was passing by a wall leading to the rear of the prosecutor's premises, I heard a sort of rumbling noise as if somebody was climbing the wall on the other side—I was about three yards from the wall, and there is a short corner in the court, where I lose sight of the wall—I returned to where the sound came from, and met Hasler—I did not know
him before—I said, "Halloo, where did you spring from?"—he said. "Why, down there," pointing down the court—I said, "Down where?"—he said, "From home"—I said, "Well, come and show me where you I live"—I took him about four yards down the court to where the corner is, and then saw Mack way jump over the wall from the other side into the court—there is no thoroughfare to the court—I called him, and said, I "Where did you come from?"—he said, "Oh, out of the privy"—I said, "What privy?"—he said, pointing to Hasler, "There, he knows"—Mackway then showed me a privy in the court, and said, "Out of I there"—that was on the court side of the wall, but he had come I over the wall—I said, "What did you do over that wall?"—he said, I "Oh, I don't know," in rather a careless manner—I then brought them up into Queen-street, at the end of the court, and got the assistance of two more constables to hold them while I went down to see what I was done—I then heard another person down the court—I went down, and met Twaites in the court, covered with soot—(Mackway had soot on his jacket and boots)—I said, "Well, and where did you come from?"—he said, "Down there, out of the privy"—there are two privies in the court—I asked him to show me the privy—he said, "That one," pointing to the same that Mackway did—I said, "Why it is impossible for you to have come out of there, I have only just looked into it"—he said, "Oh, but I got down the hole"—I looked at his clothes, and could not see any soil about him—there was soil in the privy—I then gave him over to the other two constables, and got on the wall, and saw two window sashes of the shed broken, and the frames—it was the sashes of two windows—there is no glass, but it is covered by canvas—the canvas over two windows was broken down, and the frame-work broken of both sashes—I saw a number of footmarks in the garden—it had been very wet that morning—the shed is detached from the dwelling-house—no one sleeps there—I traced them over the wall—I took them to the station, and found lucifer matohes on each of them, a box on one, and two parcels in the pockets of the other two—I took off their boots, and with Cripps, another constable, compared them with the marks in the garden—there were three different sizes—it was daylight—we found all the footmarks to fit—we called the people of the house up, then went into the yard, and found the kitchen window in the area wide open—it is a sash window—I found these three bobbins, one lying in the area, and two outside on the pavement, also this poker—this large nail, or jemmy, was on the back parlour window cill, but the poker had been dropped on the pavement—I compared it with that window which had been prised up—it was not broken open—it was forced about half an inch up on one side, where the mark of the jemmy was—they had endeavoured to raise it up—we went into the kitchen, and found a number of things strewed about, and the place all in confusion—I compared Mackway's boots with some marks. on the wood inside the, kitchen window cill—one of them was smothered with soot, and being wet, the impression was left—it exactly corresponded with where the naila were, and everything exactly—in the dust-bin I observed several marks which agreed with Twaites and Mackway's shoes—the marks were very plain indeed—I went into the shed, and there was some dirt there, apparently where one had eased himself, and footmarks as well of two persons—the shoes of Mackway and Twaites corresponded with those marks—there was a box which had been disturbed in the kitchen, and several bobbins strewed about the ground besides the three I have mentioned—I saw the
marks of a sooty hand on the side of the area window, and in the shed there were marks of soot—the soot had come from the kitchen—then was a quantity of soot there, as if somebody had been up the chimney—Twaites was very sooty—there was soot on the hob of the kitchen, it if it was knocked down by a person getting up—there was a mark on the hob about the size of Mack way's boot, but we could not be certain of that—we traced them over the shed into the dust-bin, where they dropped from a wall, they would then be in Torrey's yard—they could get up to the shed by the assistance of the water-butt—after getting over the wall they raised the kitchen window, and got in there—nothing was broken about it—it had been lifted up, as if left unfastened.
Cross-examined by MR. BALDWIN. Q. How long was it after you took the first two prisoners that you saw Twaites? A. About five minutes—I had gone to the corner of the court—I was not out of sight of the court at all—I was standing at the corner, but not looking down it, till I heard the third noise, which was a person walking—I did not hear him get over the wall—Twaites said he had been in a privy, but I had searched it previously, and he was not in it—the privy door was wide open—I looked into it, and am positive there was nobody there—he could not be behind the door, as it opens outwards—he could not have been round the corner, or I must have seen him—I am positive nobody was there-there is something particular in the heel of Twaites's shoe—it is won down, and has one nail and a small piece of leather—the dust was wet. with rain, and there appeared to be mould in the bin, not dust—I saw the marks of four feet there—it was of two persons—I compared Twaites's shoe by laying it carefully on the top of the impression, and before I put it in—I then put it in, and it fitted exactly—I verily believe that mark was made by Twaites's boot—it had been raining hard all night—the impression was plain—there was no mark except its fitting and the size—there was the mark of his hand over the grate—I took the size of his hand—I found footmarks of all the three on the mould in the garden—I compared all their boots with those marks, and they corresponded—I did nothing more than put the boots down to see that they fitted; but previous to doing so I kept the boot a certain height up, so that I should not make another impression—another constable compared them also in my presence—I found no property on the prisoners.
Hasler. Q. Did you see me on the premises? A. No—I saw you within two yards of the wall—I took you from the corner, turning from the wall—I took this lucifer box out of Mack way's breeches—I did not jump over the wall after them—before I got over the wall I was obliged to get another constable to secure them—an Irishman put his head out of window, and said, "What is the matter?"—he said nothing about my knocking you about—there was no occasion to knock you about—I took hold of your handkerchief, and tried to hold you tight—I should not have done so if you had not tried to get away—Mack way did get away, but we se-cured him again.
Mackway. Q. Did you see me on the wall? A. I saw you come over the wall.
----TORREY. I am the daughter of Mary Torrey, a trimming-maker, and live in Garden-court, Hoxton-market. I was called up by the policemen on the morning of the 30th of May—my mother was in the country—I slept in the house that night, and my sister and brother, who are younger than me—we have no servant—I went to rest at eleven o'clock
I was the last up—I fastened the house up all quite safe—next morning I found the kitchen window in the area open—I am certain it was shut down at night—I did not look up the kitchen chimney before I went to I bed, nor go to the fire-place—the fire had been out some time before I went to bed, about eight o'clock—it was daylight when I came down on being alarmed—I found the things disturbed in the kitchen, the bobbins and things, and some dirty linen—nothing was disturbed in the parlours—this poker was there—it belongs to my mother—this jemmy does not belong to us—I saw the bobbins in the area—they had been left in the kitchen when I went to bed—the rest were in the kitchen—they had I nearly all been taken out of the box, but no more than three were moved I out of the house—the box was not shut.
Cross-examined. Q. Have you any particular reason for remembering that you shut the kitchen window? A. Yes—I was alone in the house, I and I particularly shut the place up—I do not think that window had been I opened that day—I remember, shutting it down—I left it shut down—I had no one in the house with me that evening—we keep a cat—I was not disturbed in the night, till the policeman aroused me.
COURT. Q. Is the front of the house in the street? A. Yes, and the back abuts on the court—I did not see the prisoners near the house—they are quite strangers—the bobbins are worth 2l. each—the value of those strewed about and all was 5s. 6d. or 6s.
DAVID CRIPPS (policeman.) I was on duty near Garden—court on the night in question, and assisted in taking the prisoners to the station—I saw three pairs of shoes brought to Torry's house from the station, by Ball—I saw them compared with the marks, and compared them myself—they corresponded—the marks on the premises, in the back shed and on the dust-bin, corresponded with the shoes of all the prisoners—I found one reel lying outside the window, and the poker standing down by the window.
Cross-examined. Q. Did you notice Twaites's boots? A. I saw the marks of all of them—I fitted them in—they corresponded with the mark, even with the nails, and a piece at the back—I put the shoe on the mark—I did not make a fresh mark by the side of any mark there, nor see Ball do so.
W. E. BALL re-examined. I passed the front of the house about two or three minutes before I went down the court—I did not meet my brother officer till I brought two of the prisoners out of the court—when I heard the rumbling noise I had passed the house, and been down the court, and was coming up again—any person inside the house might hear me pass—I wear iron on my boots—the kitchen is at the back of the house, but the things were strewed about the front kitchen as well as the back—the house is in the parish of St. Leonard, Shoreditch—it had been daylight about an hour when I heard the rumbling noise.
(Henry Jackson, cabinet-maker, No. 1, Carlisle-street, Bethnal-green, deposed to Twaites' good character; and Robert Lewis, boot and shoemaker, No. 6, Crispin-street, Spitalfields, to that of Mackway.)
HASLER— GUILTY . Aged 15.
TWAITES— GUILTY . Aged 19.
MACKWAY— GUILTY . Aged 16.
of breaking and entering, but not burglariously.
Transported for Ten Years.
OLD COURT.—Tuesday, June 24th, 1845.
Second Jury, before Edward Bullock, Esq.
1280. GEORGE MORTON was indicted for stealing, on the 5th of June, at St. Luke, 1 bag, value 6d.; and 10s. the goods of Ward Slater, in his dwelling-house: and that he had been before convicted of felony.
ELIZABETH PARKER . I am the wife of John Parker, and carry on business as a grocer, for Mr. Ward Slater, at No. 1, John's-row, in the parish of St. Luke's—Mr. Slater does not reside there himself—we live there as big servants—two families lodge in the house beside myself and husband. On the 5th of June, about ten minutes after seven o'clock in the morning, I came down stairs from my bed-room, and opened the shop door—I did not take down the shutters—I went into the parlour to make a fire, leaving the door between the parlour and shop open—while making the fire, I heard some one walk into the shop—I took no notice at first, thinking it was the milk-boy—I afterwards heard a tapping noise, as if some one was sounding a chest of tea—there was a large tea-chest there full of tea—I directly turned my head, and saw the prisoner standing on the tea-chert, with his hand on a bag of coffee that stood upon it—I saw him sounding the chest of tea, as if to see whether it was full or empty—I directly ran into the shop—he took the bag of coffee up in his arms, and ran out at the shop door—I ran after him as fast as I could, and told him to put that coffee down, it did not belong to him—he dropped it on the cill of the shop door—I stood in the middle of the pavement, and kept calling out, "Stop that man, stop that boy, that is him!"—he had not got past one shop window when I first called out—he ran very fast, and almost ran over a witness—I should think he dropped the coffee about three or four yards from where he took it up—he ran down Brick-lane, up Garden-row, and Plant-street, and up John's-row again—I called out both ways, but no one would stop him—I saw Mr. Clark—he would have caught him had I called out "Stop thief," but I had not presence of mind, I was too much frightened—this is the coffee—it is the property of Mr. Ward Slaten.
Cross-examined by MR. PAYNE. Q. Do you mean to say that the prisoner took that up in his arms? A. He certainly did—it weighs 98lbs., but it stood on the tea-chest—I was not acquainted with the prisoner before—I was very much agitated.
SOPHIA ROSS . I am the wife of James Ross, and live at No. 23, Clarence-place, St. Luke's. On the morning of the 5th of June, about twenty minutes past seven o'clock, I was coming up Brick-lane, and saw the prisoner drop a bag of coffee on the door-cill of Mr. Slater's shop—I had never seen him before, but I can swear he is the man—after dropping he ran away, past me, down Brick-lane and Garden-row.
Cross-examined. Q. He ran very fast? A. Yes, he knocked my elbow, and almost knocked me down as he passed me.
GEORGE CLARK . I live at No. 47, Brick-lane. On the morning of the 5th of June, about twenty minutes past seven o'clock, I saw the prisoner running, about thirty or forty feet from the corner of John's-row, up to my house, which is at the corner of Garden-row—I can swear he is the man—he ran towards me, and passed within two inches of me—he turned the
corner where I was standing—I heard some one say, "That it him," but I did not know what it was about.
Cross-examined. Q. Your house is only a few doors from Mr. Slater's? A. Five doors—I did not hear Mrs. Parker call out, "Stop that man, stop that boy," or very likely I should have endeavoured to stop him—I did not see Mrs. Parker for upwards of an hour after—if she had been standing in the middle of the pavement, shouting "Stop that man," I should have seen her—he ran very fast, and considerably faster after he passed me.
COURT. Q. How long was he in sight after he passed you? A. Hardly a minute.
JAMES NEVILLE (police-constable G 152.) I received some information about this about half-past seven o'clock in the morning, and went after the person who was described to me—I apprehended the prisoner about half-past eight o'clock that same night, at the Pitt's Head, Old-street—I told him I wanted him on suspicion of stealing a bag of coffee—he said he would not go—we made him go, and took him to Feather-stone-street station.
(Witnesses for the Defence.)
SARAH MORTON . I am the prisoner's mother, and live at No. 1, Cottage-lane, City-road. On Thursday morning, the 5th of June, the day on I which he was taken on this charge, he was in my house, and in his bed I when I got up at seven o'clock to prepare breakfast—I went out at half-past eight—from seven till then he was at home and in bed.
COURT. Q. Did he get up that morning? A. He got up, I believe, I at eight—a younger brother slept with him, and was in bed at the same time—I was the first up—I have a bed-room, sitting-room, and kitchen—my parlour is close to the bed-room—one opens into the other—I have only one bed-room—the prisoner and his younger brother slept there—I occupy the sitting-room—I have a husband—the prisoner was at home and in bed till half-past eight, as near as I can speak—his brother got up about the same time, for I left them at breakfast when I went out—I had my breakfast generally before them—I breakfasted that morning about a quarter to eight, with my eldest daughter—we sat down to breakfast together—only our own family live in the house—it is a cottage—there is my husband, the prisoner, and his brother, and a daughter, at present out of a situation, whom I accommodate—I make her up a bed in a little turn-up-bedstead, in the same room where I sleep—my husband was doing something about the garden that morning—being a wet morning, he did not go out early—I left him and the prisoner at breakfest together when I went out—my husband got up about half-past seven or a quarter to eight—I cannot say exactly—he was in the garden when I and my daughter were at breakfast—he had not been there many minutes—he came to his breakfast as near upon eight or a quarter after, as I can say—I left him and my two sons at breakfast when I went out, about half-past eight—my husband is a jobbing-gardener—he went out to work after I left—I met him as I came back—I had a cup of tea and some bread and butter for breakfast that morning—I did not see what my husband and sons had—I left what there was for them—I had occasion to go into the bed-room before I went out, and saw both my sons in bed—I said to the prisoner, "George, breakfast is ready"—he said, "Very well, mother, I will get up"
—I called the other up also—I awoke them—I heard of his being taken up as I was coming home from work.
ALEXANDER MORTON . I am the prisoner's father. I remember the day on which he was taken into custody—he was in bed that morning from seven till eight o'clock—I was at home—I was not well, and was not able to go out that morning—I did not leave home before nine o'clock and he left with me at that time.
COURT. Q. Did you see him in bed? A. Yes—I slept with him, in the same bed—I remember my wife coming in and calling us, and telling us breakfast was ready—that was about seven, or a quarter past—I got up when she called me, and stopped in doors till I had my breakfast, not being well—I did not go out of the house that morning till nine o'clock—I did not go to work till twelve—it was a rainy morning—I have a small garden—I might have gone into the garden, but not for above a minute or so—I had breakfast as near eight o'clock as possible, with my wife and daughter—we had some bread and butter and tea—the prisoner was then getting up—he had his breakfast before he went out—no one breakfasted with him—he and I went out together about nine o'clock—he works with me, but I had no work for him that day, so I left him to do any job he could get hold of—I left him about ten, or between ten and eleven—my wife goes out washing and cleaning, or anything she can get employment in—I saw her as I went out to work with the prisoner—I have two other sons—one of them lives with me—he slept in the same bed as the prisoner and I—he had his breakfast much about the same time as his brother—he does not go out to work sometimes till nine o'clock, and sometimes not till the afternoon—I heard next morning of my son being taken before the Magistrate, but I did not know what it was for.
MR. PAYNE. Q. Where did your wife and daughter sleep? A. In the adjoining room—my wife went out as near nine o'clock as I can say—I am sure it was about nine—I was getting my tools to go to work.
COURT. Q. I thought you said you had no work that morning? A. I did no work till the middle of the day—I am quite sure my son did not leave the house till he left with me, between nine and ten o'clock.
MARY MORTON . I am the prisoner's sister. I remember the day he was taken into custody—I was at home that morning—he came to bed on Wednesday night, the 4th of June, at eleven o'clock, and he was never out of the house on Thursday, the 5th of June, until half-past ten, when he went out with my father—he was not out of his bed till half-past eight—there is a clock next door—we have none—I slept in the front room with my mother—my father slept in the side room with the prisoner and his younger brother—a person cannot come out of that room without coming through ours—I got up about a quarter past seven—I was not outside the door the whole of the day.
COURT. Q. Then you were at home when your father and brother went out? A. Yes, it was about half-past ten as near as I can say, for when my mother came in she said it was about half-past ten by Mr. North's clock in the City-road, and she had met my brother in the City-road—I occupied my time before breakfast by washing a little baby—I did that in the front room—the baby sleeps with me and my mother—my mother, father, and myself breakfasted together—my two brothers were then both in bed with the baby, for the prisoner told me to bring him the baby, which I did after washing it before I had my breakfast, and he was in bed then—he staid
in bed till I had done my breakfast—they could not come out of the room without my seeing them—I went into the room after having my breakfast, and saw my brothers both in bed—they were not asleep—I told them it was very late, and begged my brother to get up—he said he would get up directly, and he got up directly afterwards—I was still in the front room, and he came out, and had his breakfast—my mother was in the room at the time—they both came to their breakfast—I cannot say how long they were at breakfast, perhaps half an hour—I think they had done their breakfast before my mother went out—I cannot exactly say—she only went out for some water across the yard—she went out to go to her work about eleven o'clock—that was after she had come in and said it was half-past ten, and after my father and brother went out—they went out, as I thought, to work—my brother carried my father's tools—I washed my younger brother's face, and sent him to work—he is fourteen years old—that was before the prisoner went out—I cannot say the time exactly—it was after nine—my father was in the room before he went out.
MR. PAYNE. Q. What was your mother about before half-past ten o'clock? A. She went out to get some soap and soda for washing—the breakfast things were left on the table after we had done, for my brother—my mother went out for the things before my brother was up—she was gone some time—my younger brother is employed at Mr. Dudley's, at the Macclesfield Arms; and I washed his face, because he should go clean, as Mr. Dudley is very particular.
WILLIAM MORTON . On Wednesday night, the 4th of June, my brother was in bed when I came home, at twelve o'clock—we slept in the second room—we have to go through the first room to get to it—my father slept with us—I went out about half-past eight next morning—my brother had not gone out at all that morning before I went out.
COURT. Q. Where was he when you went out? A. In the front room, going to have his breakfast—I had had mine—we both got up together—I breakfasted with my brother, mother, father, and sister—we all, breakfasted together at the same time—we had bread and butter and tea—my father got up first—I was awake then, and my brother also—we were playing with the baby when my father got up—my brother got up next, before me—I work at the Macclesfield Arms—I wait there—I went out about half-past eight o'clock that morning, leaving my brother at home—I came home about twelve at night—I do not know whether my mother went out before me—my brother got up three or four minutes before me—my mother called me up, because she said I should be too late for my work—she called my brother at the same time—he got up, and I laid a little longer in bed—I remember washing myself—I cannot recollect that anybody helped me wash—I generally wash myself—I do not recollect my mother or anybody washing my face.
MR. PAYNE. Q. Did your sister sometimes wash you? A. Sometimes, and my mother sometimes washed me—I cannot recollect whether my sister washed me that morning or not.
HANNAH SQUIRES My husband is under-foreman at a saw-mill, and we live at No. 2, Cottage-grove, next door to the prisoner's. On the morning of the 5th of June I went into his mother's house, about half-past seven o'clock, as near as I can guess, I will not say to five minutes—I went into the room—there are but two rooms, and they join each other—I saw the prisoner in bed, and spoke to him—I saw him lying in his bed, talking to his sister's baby—I am no relation of theirs.
COURT. Q. Was anybody else in the bed besides him and the baby? A. There was a little boy laid at the side.
ANN TUCKER . I am a milk-woman. I serve Mrs. Morton with milk—on Thursday morning, the 5th of June, I served her, between half-patt seven and eight o'clock, I cannot tell to a minute or two—I heard the prisoner at home—he was in bed—he said, "Is that you, Mrs. Tucker?"—I said, "Yes; are you not up yet?" and he called his sister to take her baby.
COURT. Q. You knew his voice? A. Yes—I am no relation of his.
HENRY LEE (police-constable G 177) called by the COURT. I know the prisoner—on the morning of the 5th of June I was in York-street, City-road, about a quarter past six, and saw him standing at the end of York-street, against the City-road—I have known him nearly four years—I am sure I saw him there—I went round my beat, and saw him again at half-past six o'clock, standing at the other end of York-street, about twelve yards from the prosecutor's shop.
MR. PAYNE. Q. Was there anybody with him? A. No, nor with me.
JURY. Q. How far is the prosecutor's house from the prisoner's? A. About four or five minutes' walk.
HENRY JOSEPH SNELLING (police-constable G 203.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read—"Convicted 3rd April, 1843, of larceny, and confined six months.")—I was present at the trial—he is the person.
Prisoner. I was guilty of that charge, but am innocent of this.
GUILTY . Aged 22.— Transported for Seven Years.
1281. JOHN ELL was indicted for stealing, on the 17th of April, 80 reams of paper, value 8l., the goods of Sir William Magnay, Bart., and another, his masters; also, on the 18th of April, 1 ream of paper, 14s., the goods of his said masters.
Upon which no evidence was offered.
NOT GUILTY .
NEW COURT.—Monday, June 16th, 1845.
Fifth Jury, before Edward Bullock, Esq.
JOHN SURRIDGE . I keep a public-house at Wormesley. This knife and two brushes are mine—I saw them safe in a knife-house, at the back of my premises, which is not kept locked, on Saturday, the 7th of June—I missed them on the 8th—I lost three brushes.
JOHN LOGSDAIL (police-constable N 136.) On Sunday morning, the 8th of June, between three and four o'clock, I saw the prisoner near the White Hart, at Ponder's-end, in the road coming to London—he had something under his flannel jacket—I walked with him a short distance, and then I asked what he had under his jacket—he said, "A fat hen"—I took hold of him, and found the fowl he had was warm—he said he bought it at Royston—I took him to the station, and found this knife and two brushes on him.
Prisoner. I was standing in the street; a man asked me to buy a
fat hen, which I did; I came on, and met with a young man, and he said he was very hungry, and he had three brushes and a knife he would let me have for 1s.; he then said he would let me have two of the brushes and the knife for 6d.; I then saw the officer, and I walked back with him, and saw the young man, who had some things in his bundle.
Witness. When I was taking the prisoner to the station I met a boy—the prisoner said, "That is my pal"—I stopped him, and found in his bundle a brush nearly new, a clean shirt, and a pair of stockings—he said it was his clothes brush.
NOT GUILTY .
PATRICK LENAGHAN . I live in Highbury-villas. On the 30th of May, about eight o'clock in the evening, I was on Ludgate-hill—I felt something touch my coat pocket—I looked round, and saw the prisoner putting my handkerchief in his pocket—I took hold of him, and he threw it on the ground—this is it.
Prisoner's Defence. I was coming out of Black Horse-court from my brother's, and the handkerchief was chucked down at my feet; I picked it up; there was a man standing by, who saw me pick it up; I said to him, "Did I pick this up, or did I not?" and he said, "The boy picked it up."
GUILTY. Aged 14.—Recommended to mercy. — Confined Four Months.
JOSEPH ROSHAM . On the 18th of May I was at Mr. Priest's, the Royal Oak beer-shop, at Bedfont, where I lodge—the prisoner came in there at four o'clock in the afternoon—I had two sovereigns and a half in gold, and 3l. 9s. in silver, in a little canvas bag—I had two pints of beer with the prisoner, and I dozed off to sleep about a quarter-past ten o'clock—my bag and money was then in my pocket, and the prisoner was sitting on the other side of the room—there were other persons there—when I awoke my pocket was turned nearly inside out, and my purse and money gone—the prisoner was not in the room then—I went to Bray's, and told what had happened—I saw Mrs. Bray, and she directed me to the privy—I did not find any one there—I went after the prisoner with Bray and Robinson—we overtook him, and brought him to the Royal Oak—I asked him what he had done with the purse—he did not make any answer—I saw him searched by Thomas Bray—my bag was found in the privy, empty.
Cross-examined by MR. HORRY. Q. You have got all your money? A. The policeman has got it—I was not at the Royal Oak all the time from four till ten—I was out for about an hour—I had done my horse up—I had not been drinking with anybody else—I had been out and was tired, which made me go to sleep—I knew the prisoner was a labourer—he worked at Colonel Wood's and at different places—I took out my bag and money while I was at the public-house.
prisoner standing there—I asked him what he did there—he said it was raining, and he merely came out of the rain—my husband had been sent for to Mr. Priest's—I took the candle, went out and met the prisoner in front of the house—I asked what he wanted—he said he was a stranger—he then went on, and they pursued and took him—they went to the privy and found the purse.
THOMAS BRAY (police-constable T 200.) I was called by the prosecutor, and went with him to the public-house—the persons there described some person who had been sitting near the prosecutor as he had been asleep—my wife told me something, and I went after the person she described—I found the prisoner and caught hold of him—he said, "I know what you want, I will give it you"—I said "Very well"—I found he had some money in his pocket—I took part of it out, and we then went to the Royal Oak—I do not know how much I had, but I laid down what money I had got on the table, and the prisoner laid down the rest to it, with the exception of a sovereign, which he had in his mouth—I saw him put that down also—there was in all 5l. 19s. (two sovereigns and a half, and the rest in silver)—he said he did not know there was so much or he should not have taken it.
GEORGE ROBINSON . I was at the Royal Oak on the 18th of May, between eleven and twelve o'clock—I saw the prosecutor there—the prisoner at first sat opposite to him—the prosecutor then went to sleep—the prisoner shifted himself and went on the same side as the prosecutor, I but there were four persons between them—they got up and the prisoner shifted himself up close by the side of the prosecutor—the light was then taken out by the landlady, but there was a little light from the fire—the landlady came back again, and the prisoner asked to be allowed to sleep in the loft—I asked if he was going to the loft, as I wanted to lock up the stable—I went out, and he followed me—he did not go to the loft—he stopped behind—I locked the stable and went to bed—I was called up and overtook the prisoner—he asked me what I wanted—I told him he was the man we did want—the policeman who was with me took him—he was taken to the Royal Oak—I was present when the money was found.
GUILTY. Aged 29.—Of stealing, but not from the person. — Confined Twelve Months.
1285. JAMES JONES was indicted for stealing, on the 24th of May, 218lbs. of bagging, value 13s. 7d.; 155lbs. of paper shavings, 1l. 6s.; the goods of John Renshaw and another, his masters:— also, for embezzling, on the 5th of April, 1l. 7s. 7d., which he received by virtue of his employ as servant to John Renshaw and another:— also, for stealing, on the 4th of April, 261lbs. of paper-shavings, value 2l. 1s. 11d.; the goods of John Renshaw and another, his masters: to all which he pleaded
GUILTY . Aged 34.— Confined Twelve Months.
NEW COURT.—Tuesday, June 17th, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Three Months.
GUILTY .** Aged 50.— Confined One year.
EDWARD LANE . I live in John-street, Adelphi—the prisoner was my housekeeper for about four months. On the night of the 14th of May I marked a number of shillings and sixpences—I do not know how many—I put them into my trowsers or my waistcoat pocket, which I left in my bed-room—I missed two shillings next day—I did not say anything, but I still left the marked money purposely in either the waistcoat or trowsers pocket, and next morning I missed one shilling—(I had missed money the whole week)—I then spoke to the prisoner about it—she denied having taken it—I asked her to produce what money she had in her pocket, which she refused—I called in a policeman, and she produced about a sovereign's worth of silver out of her pocket—I selected three shillings which I had marked—these are them—I am able to swear these are the three which I had marked, and more especially to this one—she had nothing to do with my money—I am a medical ageut—I do not keep a till—the prisoner had access to my bed-room for domestic purposes.
Prisoner's Defence. He did not come home till half-past three o'clock in the morning, and about eight I took in a note, which I gave him, and I said, "You are to meet a gentleman at eight;" I never went into the I room till he washed himself, and went out to see this gentleman, which I was nine o'clock; I never saw any money at all; there was a pair of trowsers, which were his morning dress; I had taken a fortnight's wages of him; I had 5s. 6d. a week, and I had half a sovereign of him to buy him everything with, coffee, sugar, milk, and candles, and find him brushes, and everything.
GUILTY. Aged 30.—Recommended to mercy by the Jury. — Confined Three Months.
FREDERICK HANLAND . I am porter to Henry Foskett and another. About four o'clock on the 6th of June I was in Fleet-street with the cart, delivering some wine in Falcon-court—I brought out some empty bottles in baskets, and placed them by the side of the cart—I came out again, and missed one basket containing one dozen bottles—I went and found the prisoner with them on his head, in Shoe-lane—he at first said a man gave them him to hold, and he Was going to take them away—he did not know where—he did not tell me who the person was—I can swear to this basket as being my master's, and the bottles correspond.
GEORGE BRESSENDEN (City police-constable, No. 322.) I was on duty, and took the prisoner with the bottles on his head—he refused to say anything till he got to the station, and when he got there he gave his name, but would not give his address.
Prisoner. I was employed to carry them by a party—I told him I was going to take them to the station.
GUILTY . Aged 28.— Confined Three Months.
JOHN JENKINS . I am a packing-case maker, and live in Liverpool-street, Bishopsgate—the prisoner was my apprentice—he was authorized to receive money for me when he took home cases, and it was his duty to pay it to me the same day—he has never paid me 9s. from Mr. White.
Prisoner. The money has been offered. Witness. After I detected him he said, "It will make no difference if I pay you the money."
COURT. Q. Did you see him on the 31st of March? A. Yes, and on the next day—I first spoke to him about it on the day of the delivery of the case, and he said the parties had not paid, they were customers, and there was no doubt they would want a case shortly again and would pay—I asked him repeatedly what party he delivered the case to, and who it was for, and he said, for parties living in Crown-court, he did not know the name—I said, "It stands in my day-book as 9s."—it went on for two months, I repeatedly asking him for it, and he saying it was not paid I—the witness came in to order a small case, and I spoke to him about I this—I repeatedly asked the prisoner for the money—he said it was not paid—I then said, "I am determined to see who you took it to, and where it was delivered," and he danced me about from one counting-house to another.
Prisoner. This charge was brought with a view of cancelling my indentures—I offered the money long before I was taken up—I was never asked for it.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
MARY WORLEDGE . I live in the City Green-yard, Whitecross-street, over some stables of the Commissioners of the City-police. My husband is in the police. On Saturday, the 24th of May, I stood in the loft of the stable, and saw a van come up the yard—it drew up to Sir William Magnay's stable—I saw a quantity of hay bands thrown from the stable into the van—there were a great many dozen, but I did not count them—I did not see the person who threw them—the van drew away, and my husband followed it—I was not standing there by Sir William Magnay's direction, merely by my husband's—I saw the prisoner just before, and just afterwards—he came from just outside the stable door.
Cross-examined by MR. HUDDLESTON. Q. What time was this? A. About half-past two o'clock—I was not watching till the van came up—when it came up my husband said, "You can stop and see what is done"—he had not been watching before that.
know the prisoner as the coachman to Sir William Magnay. On the 24th of May I saw a van come to Sir William's stable—I saw a quantity of haybands coming out of the stable into the van—I saw the prisoner at the loft door immediately after the bands had ceased to come into the cart.
Cross-examined. Q. Were there two boys with the van? A. There were two children—I was in a room—I could not see Mrs. Worledge from the position I stood in—the loft is above the cart—the bands came out of the loft door down into the van—this was at half-past two o'clock in the day.
Cross-examined. Q. Were you with the boys, or your mother? A. My mother was in the room, I was in the loft.
SAMUEL WORLEDGE (City police-constable, No. 442.) I life in the Green-yard, over the stable of the Commissioners—from what my wife told me I followed the cart on the 24th of May—it went to No. 88, Wilson-street—I took possession of the haybands there—I weighed the bands, and they weighed 83lbs.—I know something about hay, as I have been a gentleman's coachman—these were not such bands as are used for tying up hay—I have some of them here—there were fourteen dozen bands altogether—I remember the prisoner coming to Sir William Magnay's service—I had I been over the premises—there were very few haybands there—I should I say half a dozen were the most that were left there.
Q. Did you go over the stable sufficiently to ascertain that? A. No—I am certain there were not more than six or eight bands left—some of these bands that are here would go round a proper sized truss, and some would not—they are of various lengths—I do not know on what day the prisoner came to Sir William Magnay's.
Cross-examined. Q. When was it you went over the stable? A. Just before the last coachman left—that is above three months back—it was after Sir William Magnay had ceased to be Lord Mayor—I was not directed to go over the stable; I went because I was friendly with the late coachman—I was not sent to search, and did not search, but I went in and looked round.
Q. Did you ever know a horse to eat the hay out of the bands? A. Sometimes they cut them up in chaff for them—I never knew a horse to eat baybands; they are obliged to cut them up in chaff to render them at all eatable—I was coachman to Dr. Pereira, in Finsbury-square—I had the haybands there—I have not always had them; it is a matter of agreement.
Q. And if nothing is said about them, you consider them your perquisites? A. Yes—the bands I found in the cart are not all here—these are samples of them—some are short and some are long.
MR. BALLANTINE. Q. Do I understand you, that if there is no agreement, you take the bands as perquisites? A. No—you have no right to take these bands unless you make the agreement—haybands are obliged to be wetted to be made up, and they are not in a state to be used for food, except they are turned into chaff—I can tell that these have been wetted and made up in the usual mode—they are turned as they usually do turn
them, and twisted up in this form—it would be necessary to cut up the whole of these—if they were separated without being cut up the horses would not pull them out of the rack—these could be separated or untied—that would bring the hay into the same state as it was before—these have been wetted—they are quite mildewed—they were quite wet when I seized them—one set of these are large enough to go round a truss; the others are too small—these small ones were wet.
COURT. Q. Did you ever make an arrangement with your master to receive the haybands as perquisites? A. No.
THOMAS HUNT (City police-constable No. 454.) On the 24th of May I was at the station when these haybands were brought—I examined them, and examined some hay in Sir William Magnay's stable—my opinion is that the hay at the stable was the same as these bands—some of these bands are longer than others—I did not try whether these shorter ones would go round a truss of hay—I took the prisoner into custody—here are some bands which I took from the trusses in the loft, and here is some hay that I brought from the loft.
THOMAS WILLIAM MAYES . I live at No. 28, St. John-street, Clerkenwell; I am clerk to my father, who is a hay-salesman. We have been in the habit of supplying Sir William Magnay with hay for two or three years—Sir William Magnay has the hay in half-loads—I cannot tell when we supplied the last half-load previously to this; I have no date with me—I know how much he has had since Christmas.
MR. HUDDLESTON. Q. Do you know that from your books? A. Yes—I recollect the quantity from memory, and the occasions from the book.
MR. BALLANTINE. Q. How much has he had since Christmas? A. One load, containing thirty-six trusses—there are two hay-bands to each truss—these bands, which came from Sir William Magnay's stable, I should presume are the bands that were round our trusses—they are the same as are round all trusses of hay—these which came from the cart are certainly not such as are round trusses—I have looked at it, and I believe it never was in bands till it was put into the cart—I should imagine it is the same hay that we supplied to Sir William Magnay, but it is impossible to swear to hay—I did not ascertain how many trusses of bay were left in the stable.
COURT. Q. If these had been the bands you sent, could they have been wet on this occasion? A. Certainly not.
Cross-examined. Q. You supply a great deal of bay to Sir William Magnay and other people? A. Yes—hay is used for other purposes than for bands, and for horses and cows to eat—I have known it used to bind things up—the farmers make the hay-bands—the usual way is to twist it from right to left—I have pulled a band to pieces—I have never noticed a band twisted the wrong way.
MR. BALLANTINE. Q. Have you examined these bands? A. Yes—I should say those found in the cart would not go round a truss. Georgk Magnay, Esq. I am the brother of Sir William Magnay. The prisoner came into his employ about ten weeks ago.
Cross-examined. Q. Did you find this bill? A. No—I was on the Grand Jury, but I was absent the entire time that this bill was found—my brother has no partner in his stable—I do not go shares with him in the
carriage and horses—he keeps a coachman at that stable, and has a pair of hones at present.
JURY to MARY ANN MARTIN. Q. Did you see the van drawn up to the stable? A. Yes—I did not notice anything in it but two children before I saw the hay-bands thrown into it.
GUILTY. Aged 23.—Recommended to mercy by the Jury.
Confined Six Months.
1292. JOHN ELL and HENRY CORDUROY were indicted for stealing, on the 17th of April, 8 reams of paper, value 11l. 15s.; 3 reams and 6 quires of other paper, 3l.; 3 quires of other paper, 2s.; and 5 quires of other paper, 5s.; the goods of Sir William Magnay, Bart., and another, their masters: and JOHN DODGE , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.: to which
ELL pleaded GUILTY . (See Seventh Session, pages 131 and 153.)
MESSRS. CLARKSON, BODKIN, and BALLANTINE, conducted the Prosecution.
MICHAEL HAYDON (City police-constable, No. 422.) I know the place of business of Sir William Magnay and Co., at College-hill, in the City—I had been for some time previous to the 17th of April watching Messrs. I Magnay's premises, for reasons which had been given me—on the 18th of April I remember seeing Messrs. Magnays' wagon loaded at their ware—I house with paper—I fallowed it, from instructions I had received, up to the Stationery-office, near St. James's-park—after the wagon was unloaded at the Stationery-office, I followed the van over the water, to a receiving-house of the London Parcels Delivery Company—Ell, who was clerk at I Messrs. Magnay's, came up in a cab, and joined the wagon, and then went I to the receiving-house—I then went into the receiving-house, and, in consequence of what transpired there, I communicated with Mr. George Magnay—he and I then went to the prisoner Dodge's house, at No. 25, Ashley-terrace, City-road—we got there about nine o'clock at night, on the 18th of April—Todhunter, the inspector, went with us—I went to the house first alone, and carried a parcel with me—I saw Dodge, and had a conversation with him, before Mr. Magnay or Mr. Todhunter came—he did not before they came say anything to me about any paper that was then in his house—the parcel I took with me contained paper—I had got it from the receiving-house of the London, Parcels Delivery Company in Waterloo-road—there was an address on it.
Cross-examined by MR. HUDDLESTON. Q. There was some conversation about the parcel you took? A. Yes—that conversation had not terminated before Mr. Magnay came—Mr. Magnay was not with me—I took the paper, and left it, and went away for Mr. Magnay—after Mr. Magnay came in then the conversation took place.
MR. BALLANTINE. Q. You had communicated, I believe, with Mr. Magnay before you went to Dodge's house? A. Yes—whether I should search it or not depended, in a great measure, on the result of my immediate message, the message I gave at the time I took the parcel—from the conversation that ensued between me and Dodge, I was induced to search his house—the conversation with reference to the matter we are now discussing was inside the house—before Mr. Magnay came up I had not referred to any other transaction than the one connected with the parcel I had in my possession—after having had conversation on the subject of that
parcel, I searched the house—Mr. Magnay came up before I searched or rather at the same time—on searching the house I found this large bundle of paper on a dresser in his workshop, or back parlour—I said to him "Where was this from?"—he said, "This is part of a parcel I received yesterday from Ell"—I said, "How?"—he said, "By the Parcels Company's cart, and there is about three reams and a half that I have sent to be cut and ruled"—he told us where he had sent it to—I went to the place and got it—I do not recollect that he said anything further, bearing immediately on the case—he had a conversation with Mr. Todhunter.
JOSEPH TODHUNTER . I am an inspector of the City police. Mr. Magnay, and I, and Haydon, went to Dodge's house on the 18th of April—I had some conversation with Dodge—part of the time I was alone with him in the back room, or workshop—he said to me, "Well, this is a bad job, ray character is ruined; do you think I can do anything with Mr. Magnay?"—(he had been previously to that in conversation with Mr. Magnay)—I said, "I do not know; you can try if you like"—I asked if he could show me the invoices for these things—he said, "No"—he showed me a catalogue of a sale—I searched for invoices, but found none.
Cross-examined by MR. WILKINS. Q. Did you not hear him say to Mr. Magnay that he was not aware he had done anything wrong? A. I did—he also stated, in Mr. Magnay's hearing, to convince him of hit honesty, that he could adduce the highest character.
MR. BALLANTINE. Q. Did you hear all the conversation he had with Mr. Magnay, or only part of it? A. Not all.
GEORGE MAGNAY, ESQ . I am in partnership, as a wholesale stationer, with Sir William Magnay, at College-hill. We supply her Majesty's Stationery-office with paper—we had desired Haydon to watch our carts—on the 18th of April he gave us information—I went with him and Todhunter to Dodge's house—Haydon went in first, and I waited in the immediate neighbourhood—I then went up, and had some conversation with Dodge—the greatest part of it was while Haydon and Todhunter were searching the house—I said to him, "How came you to buy these goods? you knew you were acting improperly"—he said, "I bought them of John Ell"—I said, "Where are your invoices for these things?"—he said, "I have none"—I said, "You know you have acted very improperly; I shall give you in charge for this"—he said, "I did not know I was doing wrong;" on which I said, "What did you give for it?"—he said, "Ten shillings"—I said, "Ten shillings a ream for paper weighing twenty-six pounds! you must have known you were doing wrong"—he said, "If I have done wrong I am sorry for it; I hope you will not prosecute me"—I said, "I have already given you in charge; you must go to the station."
Q. You were speaking at this time about paper found on the premises? A. Yes—he said, "There is that paper I have bought," pointing to some yellow-wove foolscap, and some blue double-wove foolscap, "and I have five reams at Yarranton's, the ruler's"—I said, "Where does he live?"—he said, "At Compton-street, St. Giles"—he said, "I hope you will be lenient"—I said "I will make no promise whatever"—he then alluded to his being just commencing business, having a first-rate character from the Bank of England; that he was going into business; that a friend and hit sister would advance him money, and his prospects in business would be completely blighted by his being taken up on such a charge—his wife was not there then; she came in about a quarter-past eleven o'clock—he said, "If
I had taken the advice of my wife I should not have got into this scrape, I should not have known Nicholson"—I found very nearly twenty reams of paper there, which I believe to be our property—about thirteen reams were partly made into books—a great part of it was opened ready to be made into books—Ell had not any authority on my pact to sell that quantity of paper—I had no dealings with Dodge—I did not know him at all—if a tradesman wanted to purchase paper of us, either our clerk would call and offer him a sample, or he would call at our warehouse, and our clerk or myself would sell it him—the paper spoken of was worth from 19s. to 20s. a ream—if a person wanted to buy a ream, I should sell it for 20s.—we do not send out articles without invoices—Mr. Wickwar has the charge of the selling—Ell was a sort of under-warehouseman, under Wickwar, but he had nothing to do with selling paper—the Stationery-office, to which it was Ell's duty to go with the paper, is in Great James-street, Buckingham-gate—Dodge lives in Athley-terrace, City-road—I have an idea of where the receiving-house is, but I do not know it—it is somewhere in the Waterloo-road—Corduroy is the wagoner—I omitted to say, that in the conversation with Dodge, he stated he had received two parcels of paper the day previous—he pointed to the counter, and it was the blue-wove double foolscap that I was telling you about just now—we deliver our paper by our own cart or wagon, and sometimes by the porter, but never by the Delivery Company, unless it goes off the stones.
Cross-examined by MR. WILKINS. Q. You have said that he stated that if he bad taken his wife's advice he should not have got into that scrape, and had nothing to do with Nicholson? A. Yes—I know Nicholson, he is a working stationer—he has been tried for receiving paper from our place—I should think he if a much older man than Dodge—I cannot say whether he has been in the habit of selling paper.
Q. Do you know that Ell has at different times bought paper for sale at your warehouse? A. He has bought within the last twelve months 2l. 14s. worth—some eight years ago, I believe, he bought as much as 15l. worth—I take both the out-door and in-door department—I take the general superintendence of the business—sometimes I am out a good deal, and sometimes not—when I am out Mr. Wickwar superintends the selling department—if we were both out, then by chance, Mr. Sellers might do it, but it is very seldom that he does—I am not aware that Ell paid 6l. 1s. for paper on the 22nd of February in this year—I do not think he did—I think you will find it was in the year 1837 that 15l. was paid.
Q. Just look at this paper, do not say anything about it, but was not 15l. paid you on the 11th of January, 1842? A. By my writing it was so—I do not recollect it—I certainly would not take upon me to say that it was not so when I see my own writing—I cannot charge my memory that 23l. 10s. was paid by Ell in Nov., 1837—he has been in our service twenty-two years—I believed him to be a confidential servant, or I should not have kept him—I found all Dodge's statements to be correct—I went to Yarranton's, and found the paper that he told me I should find there—he directed my attention to some books, and told me the paper of which they were made was purchased of Ell.
MR. BALLANTINE. Q. Do you know of any sales to Ell? A. The only two that I can call to recollection are, one of about 27s., and another about the same amount—if I gave a receipt for anything to Ell the quantity of paper would not appear by that, nor the price—an invoice would
show that, but not a receipt—there is nothing in what has been shown me by the learned Counsel to lead me to suppose that the paper found at Dodge's had been sold to Ell—the paper found at Dodge's was from our warehouse, but had not been sold in a regular way.
WILLIAM JOSEPH WICKWAR . I am in the employ of Messrs. Magnay. Ell was in their employ as a warehouseman, and Corduroy was wagoner—Ell had nothing to do with sales of paper from our warehouse except under my direction—if paper was sent to the Stationery-office it went in a wagon, and I presume Corduroy was the person to go with it—paper went to the Stationery-office on the 17th of April, and our wagon went with it—it was not Ell's duty to see to the delivery of that paper—persons in our employ had an opportunity of throwing into the wagon when it went to the Stationery-office, three or four more reams of paper than that sent to the Stationery-office, and they might do so if they were so inclined—it was Ell's duty to superintend the loading of the wagon—I did not direct Ell to deliver paper to Dodge through the Parcels Delivery Company, or in any other way.
Cross-examined by MR. WILKINS. Q. I believe you have sold paper to Ell? A. Yes, I have—I did not sell him in Feb. this year paper amounting to 6l. 1s. 6d.—Mr. Sellers sells in the warehouse, beside me and Mr. Magnay—no one else—I do not know such a person as the ware-house-clerk, if Mr. George Magnay says there is such a person I do not know him—I am a clerk, and Mr. Sellers is a clerk, nobody else—I and Sellers, and Mr. George Magnay, are the only persons who sell—no other person, on any occasion, ever sells.
WILLIAM RYAN . I am in the employ of the Parcels Delivery Company, On the 17th of April I delivered two parcels at Dodge's house, No. 25, Ashley-terrace, City-road—they were directed to Dodge—I received them from our central office, in Roll's-buildings.
CHARLES TAYLER . I live at Notting-bill, and am a driver to the Parcels Delivery Company. On the 17th of April I received two parcels from Mr. Lashbrook's, at the corner of Waterloo-terrace—they were directed to Dodge—I delivered them at the central office.
ALEXANDER GEDDES . I am in the employ of Mr. Lashbrook, in Waterloo-road. On the 17th of April I received two parcels for the Parcels Delivery Company—they were directed for Dodge—I received them from Ell—there was a wagon standing at the door at the time—it was in the afternoon.
WILLIAM GODFREY . I was a jobbing porter. I know Ell—I knew he was in the employ of Messrs. Magnay—I have known Ell a long time—I know Dodge—it is about three months ago since I first saw him—I hate taken notes to him from Ell three or four times—Ell once gave me a note at the door of Messrs. Magnay and Co.—I was standing at the dodr at the time—once he gave me a note in the tap-room of a public-house, and once he called me into a public-house—I saw Dodge the first time I went to his house, and afterwards I saw the servant—I did not bring any notes back, only a message, saying what time—the last time I took a message back from Dodge, was on the 18th of April—I had then taken a letter.
Cross-examined by MR. WILKINS. Q. To whom was the letter given? A. To the servant—I only saw Dodge the first time—I only heard his voice the last time.
MR. NALLANTINE. Q. Do you know whose voice it was? A. I think it was Dodge's—I should not like to swear—I had taken a letter—I asked
for Mr. Dodge, and after the letter was read, I heard a male voice—I communicated the message to Ell—the first time I went I had some conversation with Dodge about Ell—Dodge asked me where I brought the note from.
CORDUROY and DODGE— NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
EDWARD WLLIOTT . I live at Kennett's Wharf, Thames-street, and am in the service of Sir William Magnay, and his brother—I knew that the prisoner had been acquitted last Sessions—I had a communication from the prisoner's son, and I desired that the prisoner should have his things, whatever he chose to fetch away, if he asked Mr. Magnay—I saw the prisoner the day after he was acquitted—he said there were some packages in the loft belonging to him, which he would fetch away—he said one of them contained a lot of sweepings of the loft, and some hay-seeds; and another had some tubs—I went with him to the stable, and delivered to him these packages—I had before communicated with Mr. Magnay—I delivered the whole of the articles to the prisoner—I did not see any paper-wrappers at the time I delivered them—I have seen them since—they were in one of the packages that I delivered.
MICHAEL HATDON (City police-constable, No. 422.) I was watching the stable when these articles were removed—I took possession of the bundle of sacking—I found in it these two bundles of paper wrappers, which I produce—having information that one of the packages contained these things, I asked the prisoner what one of these packages contained—he said, "Nothing but hay-seeds, the sweepings of the loft"—I found it contained these wrappers—I have not counted them—I asked him about them—he said they were given him by Mr. Wickwar, to pack up some furniture which he was removing for Mr. Wickwar—I am perfectly certain he said that with reference to this paper—Mr. Wickwar was sent for; and asked in the prisoner's presence about it, and he expressly denied having given him them—the prisoner said, "Yes you did."
WILLIAM JOSEPH WICKWAR . I am in the service of Messrs. Magnay. I never gave the prisoner these wrappers—he would not be justified in taking them—each of these wrappers has contained paper—I cannot tell what has become of the paper which they contained—the prisoner was wagoner to Messrs. Magnay—he would not have an opportunity in loading the wagon of putting extra paper in.
COURT. Q. You have spoken of this as wrappers, is it paper? A. It is paper.
Cross-examined by MR. PRENDERGAST. Q. Is it 8lbs. of paper, value 1s.? A. Yes, the prisoner removed some furniture from the upper loft for me—I was there the greater part of the time while he removed it—I gave no instructions that the wrappers should be used to protect that furniture—they were not used to my knowledge—there were no wrappers lying about the loft to my knowledge—they are generally kept in the cellar—there are no waste wrappers put up stairs—I will swear there are no waste wrappers put up stairs—wrappers of this kind are never put up stairs—I will swear that
not any waste wrappers are put up stairs—I gave the prisoner the piece of matting in which my furniture was packed.
GEORGE MAGNAY, ESQ . I am partner with Sir William Magnay—I have examined these wrappers—the outer one of them is the only one that is defaced amongst them—the defacing of the wrapper shows that the paper has been fairly sold—if we break a ream we deface the wrapper—if we leave the wrappers without being defaced we are liable to a penalty of 50l.—the wrappers not being defaced shows that the paper they contained has not been sold—the prisoner would not have any right to the wrappen or the paper—if there had been any waste wrappers they would have been in a state of defacement—I am able to say that these are not waste wrappers.
Cross-examined. Q. Did the prisoner persist in saying that Mr. Wickwar gave him these wrappers? A. Yes, and Wickwar denied it all through.
Witnesses for the Defence.
HARRIET EDWARDS . I am servant at Nos. 12 and 13, Great Knight-rider-street. Mr. Wickwar brought some furniture to our house—it was generally brought on Saturday night, and the prisoner generally brought it—it waa mostly in paper wrappers—I have got a piece of the paper here now, which I found after the inspector of police went away—I gave up a great deal of these paper wrappers to the inspector—some were drab, some blue, and some brown—I occasionally burnt it under the copper-hole when I washed—Mr. Wickwar gave it me two or three days after the goods came into the house—it was wrapped round the goods—there was a good deal of this left in our house, and Mr. Wickwar told the prisoner to take it away—there were some pieces of this kind, some drab paper, and pieces of matting, and patchwork—he told him to take it all away, but a good deal was left—I had a great lap full two or three times—I sometimes lit the fire with it, and sometimes I had paper and did not use it—when the inspector came I gave up some to him—there was one piece of blue I gave up to him, and some I had burnt—this is one piece that was left—Wickwar did not tell me he bought this paper—it came in round the things—the prisoner is no acquaintance of mine, I never saw him in my life before the Saturday night when he brought these goods in—I am still servant in the same house—it it Messrs. Bayford and Bowdler's offices—this wrapper has M. A. G. on it—the wrappers I saw, had the same general appearance as this bundle of blue wrappers.
HENRY CORDUROY . I am the prisoner's son. I remember Mr. Wickwar having some goods at Mr. Magnay's—he was saving them up to get them ready to furnish a house—they were up in the first floor at Messrs. Magnay's—my father removed them for him—they were wrapped up in wrappers, and patchwork, and brown paper, and matting—these blue ones are what I call wrappers—after we removed the furniture there was a good deal of wrappers and covers left in the hall, and Mr. Wickwar told me to tell my father to take them home, they would do to light the fire—they were taken away and put into the stable amongst some things of my father's, some tubs and a sack of hay-seeds, the dust of the sweepings, and a child's chaise—we had no room for it and put it there.
Q. So you took all the stolen property back to Mr. Magnay's place? A. Yes, and all the patchwork too—this is some of the patchwork, and
there was a great quantity of it burnt—it was the latter end of Feb. or the beginning of March when we took the things to the house in Great Knight-rider-street—I knew of these things being left at Messrs. Magnay's, and my father going for them—I remember my father being taken up on this charge—a man came to our house from Mr. Magnay's and asked if my father would go round—my mother delivered the message to my father—my father sent me round to Mr. Magnay's and then he came round himself—when I went I saw the carman, and then my father came just at the time—these things were handed out of the loft by a rope by the carman—the child's chaise, the bundle of stuff, and the sack of seeds—they were sent down by a rope by Elliott, who is the carman there now—my father had just come up, and he was standing seeing them come down—I had taken the sack of seeds and the chaise, and my father opened the sack for Mr. Todhunter to see, and then Mr. George Magnay made his appearance out of a door-way—Mr. Todhunter came down on the right hand side and crossed over to the left, and Mr. Magnay came on the other side—Mr. Todhunter said, "What have we got here?"—my father said some wrappers that Mr. Wickwar gave him when he removed the goods—he persisted that Mr. Wickwar had given them to him, in the presence of Mr. Wickwar—it is true that Mr. Wickwar had given them to my father.
COURT to GEORGE MAGNAY, ESQ. Q. Do you purchase paper from Deane and Duncan, which name appears on the wrapper produced by Harriet Edwards? A. We never had a wrapper of this name in our ware-house—Dean and Duncan are not paper-makers.
COURT to MICHAEL HAYDON. Q. Were you present when these wrappers produced were found? A. Yes—they were at the bottom of a sack that contained the hay-seeds, but outside the sack, under some matting which enclosed it.
NOT GUILTY .
GUILTY . Aged 14.— Confined Three Months.
GUILTY . Aged 22.— Confined Four Months.
1296. GEORGE CROUCH was indicted for stealing 1 sheet, value 1s.; 3 shirts, 2s.; 2 shifts, 2s.; 2 petticoats, 1s.; 1 pinafore, 1s.; 1 pillow-case, 1s.; 1 pair of drawers, 1s.; 1 coat, 1s.; and 1 bedgown, 1s.; the goods of James Mark Taylor.
the 5th of June, I heard an alarm, and went to my back premises—I missed a sheet, shirts, and other articles—the things now produced are mine.
BENJAMIN CATLIN (City police-Constable, No. 622.) At ten minutes before three o'clock that morning I was in Half Moon-street, and saw two parcels thrown from the back of a house—I went in, and found the prisoner throwing another parcel over—having seen him about an hour previous with three other persons I was fearful there were more than one in the place, and I barred the door of the house No. 48, which I had gone through—the prisoner ran up stairs, and tried three doors—I raised an alarm, and secured him—the house No. 48 is left open, and he could get to the back of the prosecutor's by that means—he took these things out of the copper—they were all wet when I took them.
GUILTY .— Aged 24.— Transported for Seven Years.
NEW COURT.—Wednesday, June 18, 1845.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 23.— Confined Three Months.
GUILTY . Aged 16. Confined Two Months.
JAMES BRADLEY . I am the summoning officer at the Mansion-house. On the 23rd of May I was standing at the front door of the Mansion-house, about a quarter before eleven o'clock—I saw the prisoner lift up a gentleman's coat tail with his left hand and take the handkerchief out of his pocket with his right hand—I ran out and he ran amongst the coaches and omnibusses—I raised an alarm—a man pursued and took the prisoner—I came up and took him—I found the handkerchief on him—I could not find out who the gentleman was, he was gone.
Cross-examined by MR. BALLANTINE. Q. There was a person with the prisoner? A. Yes, perhaps about two years older than him.
GEORGE HAWKINS . I am a painter and live in Dover-road—I heard a cry of "Stop thief," and saw the prisoner running up the Poultry—I caught him in Grocer's Hall Court—the officer came and took the handkerchief from him.
Prisoner. I picked it up; I ran because I was frightened.
(The prisoner's uncle engaged to take him as an apprentice.)
GUILTY. Aged 14.—Recommended to mercy by the Jury. — Confined Six Days.
GEORGE CLEMENT . I live at Clapham. On the 27th of May, about a quarter past nine o'clock in the evening, I was walking down Fleet-street, and felt a tug at my pocket, in consequence of which I felt and missed my
handkerchief—I had had it two minutes before—I saw the prisoner walking behind me, and called out, "I have lost my handkerchief—the prisoner asked for an explanation, and whether I suspected him—he walked on, and my friend made some observation—the prisoner was jpven in charge, and my handkerchief was found close to where he was.
WILLIM MEEDER . I was with Mr. Clement—he said, "I felt a tug I at my pocket, I think I have lost my handkerchief—the prisoner looked up and asked him to explain himself, and whether he accused him of taking it—I said, "O, no, we don't accuse you"—he came round on the side I was, and I saw him putting it into his pocket—I did not see a policeman, I and walked on for about thirty yards—I then saw an officer—I took the prisoner by the collar and charged him, and the handkerchief was found close behind him.
Prisoner. A little boy brought the handkerchief up; I saw the boy I take it up close to the policeman.
Prisoner. The handkerchief I have now is the only one I had in my possession.
GUILTY . Aged 23.— Confined One Year.
FRANCES SOLOMONS . I am the wife of Henry Solomons. On the 12th of May I took the prisoner into my service from the workhouse—on the Tuesday evening following I gave her my child to mind—about four o'clock I heard a noise, went down, and found the child in the cradle turned over—the prisoner had left, and the handkerchief, the gown, a coat, and pair of boots were gone—I told the governor of the union—her sister got the gown and brought it to me—this is my handkerchief—the coat and pair of boots are lost—she went to the union two days afterwards for a lodging, and they detained her.
Prisoner. I took nothing but the handkerchief.
GUILTY . Aged 22.— Confined Three Months.
MARY AXON . I am the wife of John William Axon, of Bartholomew-close—at a quarter past ten o'clock at night, on the 14th of June, I went down in the cellar and saw it much disordered, and some towels disturbed—I heard a rattling behind the water-closet, and some person went by to the dust-hole—I came up, locked the door, and sent for the policeman.
WILLIAM GAWLER (City police-constable, No. 264.) I live in the same house—I went down and found the prisoner in the water-closet—he said he came there for convenience—I looked into the dust-hole and found this leaden pipe, which carries the water from the cistern to the butt.
Prisoner's Defence. I went down to the water-closet.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Six Months.
OCTAVIUS AUGUSTUS WALLIS . I am shopman to Mr. Benjamin Prew, a shopkeeper at Aldgate. Between two and three o'clock in the afternoon, on the 24th of May, I was coming from the tailor's shop to the other shop, and saw the prisoners at the window—they were loitering about, and pulling the stockings about—I saw White untie them, and put them under her shawl—White was hiding her by standing by her, that the people might not see her—I went out, and brought White in—she dropped the stockings at the door—she had got about three-quarters of a yard—one of our young men brought in Rix.
White. Rix is perfectly innocent of it; it was not my intention to steal them; I took them off the ground; they fell from the rail outside the shop.
NOT GUILTY .
GUILTY. Aged 51.— Judgment Respited.
MR. BALLANTINE conducted the Prosecution.
RICHARD WESTON . I am in the employ of William Winch, a job-master, of Windmill-street, Westminster. About the 28th Oct., 1843, the prisoner came to my master's, and said he wanted a strong horse to carry a heavy gentleman, a friend of Mr. Harvey Combe—we had a chestnut gelding—I turned it out—the prisoner approved of it, and said he would go and show it to the gentleman—I told him it was twelve guineas a month, if the gentleman hired it, and if he sold it, sixty guineas—in about two houn he brought back the horse, said the gentleman was not at home, and he should require it another time—he came again the same night, and said he should require it in the morning, and I had to send it to Story's-gate by Hurd, one of our men—I did not give the prisoner any authority to sell the horse—he told me it was to go on job, or very likely to be sold—he might not have sold it without consulting Mr. Winch—the next I saw of the gelding was in a stable, near Trinity-mews, in the Borough, on the 30th of Oct., 1843.
Cross-examined by MR. HUDDLESTON. Q. Your master is a job-master? A. Yes—I believe the prisoner has had the care of horses—I never dealt with him—he took this horse, I thought, for jobbing or selling—if he had brought back sixty guineas I should not have been satisfied without consulting Mr. Winch.
Q. Supposing the prisoner, or any other person, had come to the stable and seen the horse, and offered you sixty guineas, would you have let him had it? A. Yes, I would have taken it—if the gentleman had kept it, and he had brought me back the sixty guineas, I should have been perfectly satisfied—I understood it was a job, but I mentioned the price, in case the person he spoke of chose to buy it—when he came back the first
time, the horse appeared to have been ridden—the prisoner said the gentleman to whom he was to show it was not at home, or something of that sort, and he should want it again: he would let me know—he called the I same evening about ten o'clock, and asked me to take it to Story's-gate.
Q. Was it on the same terms as before? A. Yes—I understood it was for jobbing, but I mentioned the price, and there is no doubt I should have been satisfied if he brought the 60 guineas—he might not have sold it without consulting Mr. Winch—I mentioned the price as it was what Mr. Winch had been asking for it—I had heard him ask that—if any gentleman came and offered me sixty guineas for the horse, I was authorised to take it.
MR. BALLANTINE. Q. Was this horse let or sold? A. Let, with the intention of carrying a heavy gentleman—I had no intention that it should be ultimately parted with without consulting Mr. Winch—I certainly had no intention that he should have kept it without fresh communication with me—he was not to have parted with it without consulting me or Mr. Winch—there was no sixty guineas offered in this case—I had no authority to sell it to a person I did not know on credit.
GEORGE HURD . I live in Alfred-place, Chelsea. I took the horse, by Western's direction, to Story's-gate—I waited about ten minutes; the prisoner then came, and I delivered it to him—he mounted it, and went away with it—I never saw him again till he was before the Magistrate.
WILLIAM WINCH . I was the master of the gelding—it was worth sixty guineas—I sold it afterwards for 65l.—I certainly never gave my servant authority to part with it ultimately without consulting me—he had no such authority—I was looking after the prisoner from that time till he was taken.
Cross-examined. Q. If a gentleman had come with sixty guineas in his hand, would you not have been perfectly satisfied if your servant had offered you the sixty guineas? A. I should have taken it.
COURT. Q. You did not authorise him to sell it? A. No.
WILLIAM BRETT . I live in Swan-street, Horsemonger-lane, and am a horse-dealer. In Oct. 1843, I purchased a chestnut gelding of the prisoner—I gave 10l. for it—Mr. Winch came on the following morning and asked if I had got a horse—I showed him twelve, and he took the gelding away.
Cross-examined. Q. You asked twenty guineas far it? A. Yes—I bought it in the theatre at night.
COURT to WILLIAM BRETT. Q. When did you buy the horse? A. I do not know—one night when I was at the theatre—Mr. Winch had it the next morning.
(Harvey Combe, Esq. gave the prisoner a good character.)
GUILTY . Aged 39.— Transported for Ten Years.
There was another indictment against the prisoner for obtaining a horse worth 100 guineas by false pretences.
CHARLES PONZA . I am a stock-broker, in Angel-court, Throgmorton-street. At half-past ten in the evening, on the 4th of June, I was crossing London-bridge—I felt something touch my hind pocket—I saw the prisoner, and the witness had got hold of him—I saw the prisoner throw my handkerchief over the parapet into the river—it was a clear night, and I saw it floating on the water.
THOMAS WILLIAM DYKE . I am a porter. I was on London-bridge—I saw the prisoner and another person in his company following the prosecutor over two-thirds of the bridge—I saw the prisoner put his right hand in the prosecutor's pocket, and take a white handkerchief out—the prosecutor turned—I seized the prisoner, and said "This is the party, Sir"—the moment I said that the prisoner threw the handkerchief over the bridge.
Cross-examined by MR. PARRY. Q. How do you get your living? A. I am porter and warehouseman to Peek, Brothers, Love-lane—I live on the premises, and was returning home.
GUILTY . Aged 16.— Confined Three Months.
JOHN MCLAREN . I am a sailor, and lodge in Well-street—last Sunday morning, at half-past two o'clock, I went home and knocked at my door—I did not like to disturb the people, and sat down on the step, and went to sleep—I was awoke by the prisoner feeling about me—his fingers were in my waistcoat pocket—I awoke and he ran off—the policeman sprang his rattle, and the prisoner was stopped—after I had gone to the station I found I had lost 2d., and a handkerchief, which was found on the prisoner—it was mine, and had been in my pocket.
Prisoner. Q. Can you swear to it? A. Yes—I know it by the pattern, and it is not hemmed—this is it—I never lost sight of the prisoner.
JOHN KEATING (police-constable H 140.) I heard the prosecutor crying out, he was following the prisoner who was running—I stopped him, and found on him 3d. in copper, 3s., and some other matters—I found this handkerchief in searching him at the station-house.
Prisoner's Defence. I had had the handkerchief for the last fortnight; I bought it at a shop for 5d.
GUILTY .* Aged 22.— Confined Six Months.
1308. MARY ANN DIMOND and LOUISA SAVAGE were indicted for stealing on the 1st of May, at St. Matthew, Bethnal Green, 2 table-cloths, value 12l. 10s.; and 1 handkerchief value 1s.; the goods of Charles Thomas Oliver, the master of Dimond, in his dwelling-house.
SARAH OLIVER . I am the wife of Charles Thomas Oliver. We live in Gloucester-street, Hackney-road—it is our dwelling-house—I am a laundress—I had several table-cloths and other things to wash—one of the table-cloths was worth twelve guineas—I do not know whether I shall have to make it good—the lady has not yet come to any settlement about it—Dimond was employed by me, and was ironing in the room where I dried my clothes—she was there on the 1st of May—Savage came that day
to dinner, and came there again at night—Dimond came and asked me to let her have 1s. as she owed her 1s.—I missed two table-cloths and a handkerchief—I have found one table-cloth which is my own—this now produced is it, but not the twelve guinea one—this is my baby's handkerchief—I asked the prisoners about the things—they said they knew nothing about them—here is a napkin of the same pattern and quality as the best table-cloth.
ESTHER DULLAGE . I work with Mrs. Oliver. I recollect, on the 1st of May, seeing my mistress's table-cloth safe on the corner of the dresser, about a quarter of an hour before dinner, and I missed it after dinner—Dimond was there then—I saw her pull off her petticoat, and put it on several times just after tea, and she went in and out of the parlour several times while Mrs. Oliver was in the yard.
KEZIAH CATON . The prisoner Dimond hired a room at my house, and Savage was with her—Dimond owed me 6s., and on Thursday night, the 1st of May, when she came in I told the girl to go and ask her if she had got I any money for me—I heard Dimond say she had only 6d., what could she do with that—on the Friday morning Savage went out, and when she returned I let her in—she had a large white bundle with her—what it was I do not know—a little while after Dimond and Savage both went out, and I when they came in Dimond gave me 1s., and then there was 5s. left.
MORGAN EVANS . My wife takes in mangling. On the morning of the 2nd of May, Savage came to my house, about twenty minutes to eight o'clock, with a very large and beautiful table-doth—she asked me to mangle it—I put it on the table on one side—she said it belonged to the Jews, and she wanted it done as quickly as possible.
Savage. It was not a table-cloth, it was a sheet I took. Witness. No, it was a table-cloth.
MARY EVANS . I mangled the table-cloth—it was a very large one, and very fine and good—I never had so valuable a thing myself—I was out when it came, and when I came in my husband said, "Mrs. Dimond's servant has just brought this, she wants it in a great hurry"—I mangled it soon after, and she had it—it was about six yards long, and as near the pattern of the napkin now produced as could be, and as fine.
GEORGE TEAKLE . I am a police-sergeant. I found this handkerchief round Savage's neck, and this small table-cloth was found at Dimond's house—the prosecutor's house is in the parish of St. Matthew, Bethnal-green.
Dimond's Defence. I asked her for 1s.; she gave it me, and a loaf and 3d.; I got Savage to come, and gave her the 1s. to take home meat for my children; I took off my petticoat, being so near the stove; I had once lost the use of my limbs, and was afraid of losing it again; she asked me to go at four o'clock in the morning; I said I would, but I was not abfe to go; she came in the morning with the officer, and charged me with taking a cloth valued at 3l., with a large darn on it down the middle; they have all taken wicked false oaths.
Savage's Defence. I bought this handkerchief three months ago opposite the hospital, and my sister had half of it; this half of mine was pawned
with a shift, and only got out a few days before; I went to mind Mrs. Dimond's children while she was out.
Of stealing under the value of 5l.
Aged 31.— Transported for Seven Years.
Aged 18.— Confined Nine Months.
1309. GEORGE NICHOLSON was indicted for stealing 28lbs. weight of copper, value 14s. the goods of Henry Morris, in a certain port of entry and discharge; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 26.— Transported for Seven Years.
PETER FRANCIS ADRIAN VAN DER VYVER . I am a merchant, and carry on business in London-street, Fenchurch-street. The prisoner was charwoman in the house—I lost a ring about two months ago—the prisoner's box was searched, and this ring was found—it is like mine, but I could not swear to it.
NOT GUILTY .
JAMES LAMBOLL (City police-constable, No. 511.) I went to search the prisoner's box—I spoke to her about the sovereign—she said she dared to say I should find it somewhere in the office—I went with her to the office, and she took out some boxes and some papers from a corner—the prosecutor said, "It is no use your looking there, that has not been taken down for six months"—I went there, and by the wainscot was a sovereign.
MR. VYVER re-examined. Q. Where was this sovereign found? A. In a corner of the office, under some old boxes and papers—I had not touched them for five or six months—the desk was something near them, and was locked, but it was found that the key of the bookcase opened it.
Cross-examined by MR. BALLANTINE. Q. How many sovereigns has you? A. I had put eight sovereigns in a box, amongst checks and banknotes—the box was in the desk, which was about the middle of the office—the boxes near where the sovereign was found were in a corner—I had taken the sovereigns out of the desk and counted them in the morning, when I left the office.
GEORGE SAUNDERS . I am a watchman at the East and West India Docks. At half-past eleven o'clock at night, on the 13th of May, I stopped the prisoner coming along the north quay—I asked him if he had anything—he said some copper, which a man gave him to carry out—be
did not know who it was—I found on him these two parcels of copper—one concealed on each of his groins.
Cross-examined by MR. PAYNE. Q. Do you mean they were inside H his trowsers? A. Yes, one put down on either side—I believe the copper was in his pockets, but I am not certain—he said it was some copper given him by a man—a man has been convicted for stealing copper about the same time, but the prisoner was not any way near him—that man was stopped in the basic, and the prisoner was going out—I should say he was not the worse for liquor—he made no resistance.
FREDERICK HOWELL . I am agent to the ship Persia, which is in the East and West India Dock—the captain is Henry Morris—it had a general cargo—there were ingots of copper on board—I have examined this copper—it is the same sort, and has the same mark on it, E C C—we could not ascertain whether any copper was missing till the ship gets out.
Cross-examined. Q. Did you see any of the copper yourself? A. Yes—it was marked the same as this is—I did not put the mark on.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy. — Confined Three Months.
RICHARD THORPE . I live in Lawrence-street, St. Giles. On the 22nd of May, about half-past two o'clock, I went out for some refreshment—I returned at half-past three, and missed my trowsers and the other things stated—I went out, and saw the prisoner down Lascelles-place, with this pair of trowsers and this apron in her apron—they are mine.
CECILIA BURN . I live in this house. About three o'clock I was in the parlour—I heard a person going down stairs—I opened the parlour door, and saw the prisoner coming down, with a bundle of clothes in her apron—I could see the back of a pair of boots amongst the things quite plain—I knew the prisoner before by sight.
Prisoner's Defence. At half-past one o'clock I was coming home; a woman was coming along with a basket of clothes; I looked at these trowsers; she asked me half a crown for them; I gave her 1s. 9d., and I gave her 1 1/2d. for this apron.
GUILTY . Aged 54.— Confined Three Months.
NEW COURT.—Thursday, June 19, 1845.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 17.— Confined Six Months.
1315. MARGARET STANDISH was indicted for stealing 5 curtains, value 17s. 6d.; 7 shirts, 1l. 4s. 6d.; 4 sheets, 1l. 6s.; 3 spoons, 1l.; 2 blankets, 13s.; 1 coal-scuttle, 8s.; 1 pair of trowsers, 1s. 6s.; and 2 table-cloths, 7s.; the goods of Daniel John Houle, her master.
DANIEL JOHN HOULE . I live in Red Lion-street, Clerkenwell. The prisoner was in my service for ten weeks—I missed a pair of trowsers, and spoke to her about them—she said she knew nothing about them—I missed some spoons afterwards—I spoke to her about them on Sunday—she said she would produce them on the following morning—I found that other things had been taken, but I did not miss them till afterwards—I had lost the curtains, shirts, and other things stated, amounting to about 7l.—I missed the trowsers on the morning of the day I gave her in charge.
Cross-examined by MR. DOANE. Q. She was your servant of all work, was not she? A. Yes—she had to do the work of the house, and to provide me with breakfast, dinner, and supper—I gave her money to go to market with—my brother lives with me—he is my partner—the prisoner was paid from the firm, and was servant to both of us—I engaged her—these trowsers belong to myself—the coal-scuttle and other things belonged to the firm—I used to give the prisoner money in a morning to provide breakfast, dinner, and supper, sometimes a sovereign, sometimes 5s., and sometimes less—I have not given her less than 1s. to buy the dinner—I have not given her less than 1s. for the day—I may to fetch in an article—I expected her regularly to provide a proper dinner for me and my brother—I gave her money when she required it—I never complained that she wanted too much money—she was never stinted, she always had what was necessary—I did not allow her any regular sum—I expected a regular meal—I had no bills with my tradesmen—we paid ready money—if I sent to the butcher for a joint of meat, I gave her the money, and expected the change.
COURT. Q. How did the account stand between you for housekeeping? A. I had no regular account—she did not keep any book of weekly accounts—I gave her 5s. or 7s. in a morning, and she put down on a paper how she spent it—I am very certain these articles were not pawned to supply the house with necessaries—she did not urge before the Magistrate that she pawned my things to raise money to supply the house—I never heard her say anything of the kind before the Magistrate.
THOMAS RICHARDS . I am shopman to Mr. Wood, a pawnbroker, in St. John-street. I produce a pair of trowsers pawned by the prisoner on the 17th of May, for 15s., in the name of Phillips—this is the duplicate that applies to them—she had been a customer at our shop about two months—several of the articles pawned by her had been taken out and pawned again.
Cross-examined. Q. Did she, amongst other things, pawn one or two things of her own wearing apparel? A. Yes, and some of these things she has pawned, and taken out, over and over again.
DANIEL JOHN HOULE re-examined. These are my trowsers—I was not aware that they had been pawned—when I spoke to the prisoner about them she said she knew nothing about them—that was on the Sunday, the day she was taken in charge.
Cross-examined. Q. Did many of them relate to wearing-apparel of her own? A. Yes, gowns, petticoats, shawls, and other things.
(Mr. Dunn, an artist, of Wilderness-row, who had known the prisoner twenty years, gave her a good character.)
GUILTY of stealing the trowsers. Aged 50.—Recommended to mercy by the Prosecutor and Jury.— Judgment Respited.
(The prisoner, being a foreigner, had the evidence communicated to him by an interpreter.)
HENRY BODMAN . I am a tailor, and live at No. 95, in the Strand. On the 16th of April the prisoner took apartments at my house—he spoke English tolerably well—I understood him, and he appeared to understand me, with some little difficulty—he occupied two rooms on the second floor—I arranged with him to take the apartments by the month, paying monthly at 15s. a week—after he had occupied the apartments a few days, I missed a silver cream-jug, and an opera-glass—on the 29th of April I had him apprehended—these are the articles—I know them to be my property—one was lost from the kitchen, the other from the parlour.
JOHN TUNSTALL . I am in the service of Mr. Herbert, pawnbroker, Farringdon-street. This silver cream-jug was pawned by the prisoner, on the 25th of April, for 1l., in the name of John Eyres, No. 16, Abchurch-street—I took down the name and address from him—I asked him all the questions particularly—he spoke English sufficiently well to be understood.
Prisoner. Q. How do you know me? A. By seeing you in the shop—I particularly noticed your broken English.
Prisoner. It is impossible for the pawnbroker to know me, but, because I was a stranger, he went to the Court, and said, "That is the man;" I have never been in the shop. Witness. I have no doubt of him, from his appearance and voice—I am able to speak positively to his being the man.
Prisoner. Among the Jurymen perhaps there is some gentleman or a merchant, and he will know that it is impossible for any shopman, supposing 200 or 300 persons go in the same day to a house, to identify the man; in London there are many foreigners, and in the pawnbrokers' shops all kinds of persons go there; when he went to the Court he said, "That is the man," before I spoke at all.
FRANCIS CLARKE MERRY . I am assistant to Mr. Joseph Massell, a pawnbroker, of Pickett-street, Strand. I produce this opera-glass, which was pawned by the prisoner, on the 21st of April, for 30s., in the name of John Moreham, No. 20, Strand—I took down the particulars mentioned in ihe duplicate from the mouth of the party—I understood well what he said, and he appeared to understand me pretty fair—he gave me the address, No. 20, Strand, and pronounced to me the name John Moreham—I took in the pledge, and made the minute on the duplicate, from questions I put, and the answers that were given.
Prisoner. Q. When I came there to take lodgings, had I a good reference? A. Yes—I had a reference to a party, who spoke well of him, of the name of Davenport, in Bedford-street, Covent-garden—he wished to take the apartments for two years, but I objected to that—I let him the second floor, but I undertook to paper the sitting-room, and till then he
had the first floor, but when the second floor was complete he took possession of it—he staid nine or ten days altogether—he had not quitted my apartments before he was taken—these things were not taken from the rooms he occupied, but from places where he was not to go.
Prisoner. While I was lodging there you have admitted different parties. Witness. There were other parties in the house—the opera-glass was lost from the parlour—it was always lying on the mantel-piece there—my own parlour was undergoing repairs when the prisoner came—he was is the habit of going out in a suspicious way, rather early in a morning—I knew everybody else in the house, and had reason to believe they were honest, and my suspicion fell on the prisoner—I called in a policeman, who traced the property—I took the precaution not to give him into custody till I was quite certain—I walked with him near to the pawnbroker's, and when we were crossing the road, in the direction of the shop in Pickett-street, where the opera-glass was, we were walking quietly with the policeman, and the prisoner ran away.
Prisoner. What he says is not the truth; I said my profession did not call me into the City, and I did not like to take a walk with him, which was the reason I went away; I was taken before the Magistrate and discharged. Witness. He was the first time, when only my evidence was taken—I had not found the property then—I gave him notice to leave, and when he came to take his luggage away the policeman had discovered the property, and I gave him in charge.
WILLIAM POCOCK (police-constable F 81.) I apprehended the prisoner at Mr. Bodman's house, in the Strand, on the 29th of April, after I had discovered part of the property—he had been discharged in the morning, and I apprehended him in the afternoon—he did not say anything to me.
Prisoner. Q. Did you search my papers and trunks? A. Yes—I found one duplicate, which did not relate to this property.
Prisoner to JOHN TUNSTALL. Q. By which feature do you speak to me? A. By his appearance and person generally—I took particular care to ask all the questions, and I rather doubted the property from such a man.
Prisoner. Q. If it was so, you must have been more guilty than I, to have received this property; what kind of question did you put to me? A. In the first place, I asked how much he wanted, he said 25s.—I weighed it, and offered him a sovereign—I am sure I gave him the ticket—I noticed his voice, and the prisoner's voice corresponds—I do not know that we have a foreigner come into our shop once in six months.
Prisoner's Defence. I have been living in a house for the space of six months; if the parties were here they would speak about my character; I said I would live at an hotel while they were repairing it; Mr. Bodman offered me the first floor, to avoid any expense; I accepted the offer; the theft has been committed in the house, and because I was a foreigner, Mr. Bodman went by force into the rooms, and I was accused; all the time I was there my conduct was that of a gentleman; he had workmen, with liberty to go to any part of the house they thought proper, and to go away at their pleasure; the opera-glass was taken from the parlour, and the cream-jug from the kitchen; it was impossible for me to have done so; I do not know still where the kitchen is situated, or the parlour, where I have never been; if you look at the dates of the tickets, you will see they correspond with the days the workmen were in the house, in the parlour and the kitchen; the
shopman has been here without any proof whatever, and compelled to say so by the prosecutor, taking advantage of my silence, and that I cannot explain myself well in English; it was easy for him to take this advantage, and accuse me of this theft; I wish I could explain myself in the English tongue; it all depends upon the Judge and the gentlemen at the bar; the best thing is to give a good explanation; men that cannot explain themselves cannot convince the other party; speech is the mirror of the reflection, and it is through that that two parties can have communication; I have not taken the things, nor pawned them, and it is impossible for the pawnbroker to identify me, not having seen me more than once; why should I not be believed as well as the witness; in my pocket-book you will find my correspondence with the Consul and other parties, which will show I have been well connected in France; I came into this country as an engineer, with my family, and had letters of introduction to some families here.
GUILTY . Aged 20.— Confined Twelve Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 20.— Confined Six Months.
(The prisoner received a good character.)
PETER OAKLEY . I am a labourer, and was lodging at Kensal New-town. I met the prisoner at half-past eleven o'clock at night, on the 21st of May, in a public-house in Steven-street, Marylebone—I said if I could get a bed I should stop in that part of the town, as it rained—the prisoner said I could stop with her—I went with her to No. 20, Steven-street—I had 2s. in my pocket when I went home with her—I gave her 1s., and I put the other into my purse, and put it into my watch-pocket—I afterwards lost my purse and the shilling—I have never found it at all—when I was in bed I saw her go to the foot of the bed, and stoop down where my clothes were—she then went out of the room—another woman came in, and said it was her sister's husband's bouso, and he would soon be in.
WILLIAM SHRUB (police-constable D 95.) I went with the prosecutor to No. 20, Steven-street, and found the prisoner there—I told her I wanted the purse and shilling which that man had lost—she said she had not seen them—I told her she must go with me—she then said he was going to stop with her all night for 1s., and at the station she said she spent the shilling in gin, and that might be the one he gave her—she did not talk of two shillings.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
PHILIP COXHEAD . I keep the Duke of York public-house, in York-street, Stepney; the prisoner was my bar-man for about fifteen months, up to June; I had not suspected him up to that time. On Monday night,
the 26th of May, I saw a shilling in a hole by the side of the till, and left it there—I saw it there again on Tuesday morning—I did not do anything with it, but on that morning, I marked two shillings that I found there—the prisoner had no occasion to put my money there instead of into the till, nor to put it there from the till—I marked two shillings on the Friday morning, and I marked 8s. 6d. altogether—on the Sunday, at half-past three o'clock, I gave him into custody of the police—I was present when he was searched—a sixpence marked Z, and two marked shillings, were found on him—I afterwards saw the policeman examine his box, and a bag was produced with sone money in it—I found four shillings there marked—this sixpence and two shillings (looking at them) are part of those I found on the ledge, and marked in the way I have described—these are the four shillings found in the bag—they are all marked—I will swear these are the marks I put upon them.
Cross-examined by MR. PRENDERGAST. Q. He had been with you fourteen or fifteen months? A. Yes, I had a good character with him—some of these shillings are marked on one side, and some on the other—here is one marked on both sides with an O—I found this in the box up stairs—when I stamped it I found it in the secret place by the side of the till, where my money ought not to be—I marked it and put it back in the same place, which is not fur from where the till opens—it is by the side of the till, not the place in which it works—I found on the prisoner and in his box 6s. 6d. in money, which I had marked and put back again in this particular place—I think on the Sunday he had 35s. on his person when he was going out, and I think 2l. 10s. was in his box—I paid him 5l. 5s. for wages on the 5th of May, and he had had a sovereign in April—we were always good friends—before he went to prison I asked him to have a glass of gin, but he took beer—I said as he did not like to walk to the station I would get him a cab—I have not had anything to drink with him since—he had not been buying any new clothes to my knowledge—he went out every other Sunday, but there had not been above one Sunday that he bad been out after he had his wages—he could not have been out above once or twice, and that was on Sunday.
MR. DOANE. Q. I believe you know that his friends are respectable? A. Yes, I do not wish to expose him—I have no ill feeling towards him—I had not missed money from the till.
JAMES EVES (police-sergeant H 14.) I took charge of the prisoner on Sunday, the 1st of June. I found on him 1l. 15s. in silver, and 2 1/2d.—Mr. Coxhead was there and identified two shillings and a sixpence, which are produced—I found in the prisoner's box a sovereign, and 1l. 10s. 6d. in silver in a canvas bag—several of the shillings were rather dirty—I saw Mr. Coxhead pick out four shillings—he charged the prisoner with having stolen that money—the prisoner said nothing.
NOT GUILTY .
GEORGE COLES . I am a general dealer and live at No. 43, Great Wild-street. On the night of the 16th of May I was in the shop and heard a noise as if something fell down—I fancied it was my wife come into the parlour—I looked and saw a person at the window—I went to the parlour,
and when I got near to the parlour door I saw the prisoner going towards the street—I called to my wife for a candle, and saw this decanter lying across the step of the parlour door—I then missed a decanter-stand from the parlour—I knew the prisoner, but did not know his name—I went to the door and saw him in the road—I told him I had lost a decanter-stand—he said I might search him, I should find none (I had left my shop alone, except the person I had seen at the window, who came in and asked the price of a bone) this decanter had been moved from the parlour to the door—there is a passage for the lodgers by which the prisoner could get to the parlour—I saw him near the parlour door, but not in it—he was in the passage and the decanter was about a yard from him—it had been on the bedstead behind the parlour door—some person must have gone round and taken it—there was nobody in the parlour, and the decanter must have I been moved by some person who had been in the parlour without my orders—I missed a decanter-stand which we have not found.
Cross-examined by MR. BALLANTINE. Q. You saw a person looking in at the window whom you call a suspicious character? A. Yes, I know him to be about the street—I have seen him since—that was not the prisoner—I have not found the stand.
FRANCIS HENRY FAGAN . I live in the prosecutor's house. On the night of the 16th of May, I was going out through the passage, and met the prisoner coming in by the passage—that would lead him to the parlour door—I returned in two or three minutes, and I heard something fall in the parlour which appeared to be near the door—I saw the prisoner within the parlour—I looked him full in the face for a moment—he was brought back just afterwards—I could not see the whole of the parlour, but I saw nobody there but the prisoner.
THOMAS LANGLEY (police-constable F 121.) I was on duty in Great Wild-street, on the 16th of May—I charged the prisoner with stealing a decanter and stand—he said he knew nothing about it—I took him over to Mr. Cole's, and when he was taken in the shop, Mr. Cole asked him about the decanter stand—he said he knew nothing about it, and Mr. Cole might go and look for it, but he was sure he would not find it—I have a little boy here who saw the prisoner go in and come out.
Cross-examined. Q. He was not before the Magistrate? A. No—I have not been looking for him—Mr. Cole told me of him yesterday—I and the prisoner had a quarrel nearly twelve months ago—he committed an assault upon me.
JOHN ROBINSON . I live in Great Wild-street, opposite Mr. Cole's. On the night of the 16th of May, I was standing right opposite his shop—I saw the prisoner pass and look in—he went on and came back with another person who took his stand at the window—while Mr. Cole's attention was drawn to him the prisoner went into the passage, and I heard something fall—the prisoner then came out with something in his hands before him—he went down Wild-court—he was brought up again—I went over, and he gave me a kick between my thighs—Mr. Cole charged him with stealing a decanter-stand—he said he had not.
Cross-examined. Q. When did you tell anybody about this? A. I told Mr. Cole the next night—I was not before the Magistrate—I saw Langley, the officer, take the prisoner, and saw him on duty the next evening, but I did not tell him what I had seen, I did not speak to him—
I knew he was the person to whom the prisoner had been given in charge, but I was afraid of some of the chaps coming and beating me—there is rather a suspicious lot about there—I saw the officer again the next night, but I did not tell him at all—I did not wish to have anything to do with it—I went to Mr. Cole's last night, and asked him how the prisoner got on, and he said he would let me know.
WILLIAM WEST (police-constable F 106.) I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read—"Convicted 28th of February, 1842.")—the prisoner is the person—he had nine months.
GUILTY . Aged 19.— Confined Six Months.
JAMES KNOWLES . I live in Church-street, Soho. I am clerk to Mr. Frederick Hunt, and take charge of his goods at the London and Binningham Railway station—the prisoner was in his service, and on the morning of the 24th of May, he was employed in loading a truck of goods for Mr. Hunt—amongst the goods was a box of oranges, which was a perfect box-about a quarter past twelve that day, from information I had received, I went to the truck and examined the box of oranges—I found one of the laths had been removed about the middle of it—there were a great many pieces of paper strewed about, and I should say I missed about a dozen oranges—I went to the prisoner, who was in a shed, and mentioned to him the loss—he pulled his handkerchief out of his pocket, and said he knew nothing of the oranges at all—the policeman searched him, and found eleven oranges on him—the chest was going to Mr. Eccleston, at York.
Cross-examined by MR. PRENDERGAST. Q. I believe the prisoner had been in Mr. Hunt's employ for some time? A. Yes, and he is disposed to recommend him to mercy—he was not quite sober.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Seven Days.
GEORGE MCFARLANE . I am porter in the service of the Marquis of Breadalbane; he lives at No. 21, Park-lane. On the 21st of May I went out at the front area gate, about twenty minutes before eleven o'clock in the morning—I left the door that leads to the kitchen so that any person coming down the area could get into the house—I returned in a few minutes, and entered by that door—after I had shut the door I saw a man come out of the steward's room—he said he came after some kitchen stuff—I went into the steward's room, looked for the spoons in the usual place, and they were missing—I went up the steps, and saw the man who had spoken to me in company with the prisoner about twenty yards from me—they walked together a few paces—I saw the man in the act of handing something to the prisoner, but I cannot say what—I called out, and they immediately separated—the man crossed the lane, and the prisoner ran down Park-lane towards Mount-street—I followed the prisoner into Park-street—there was a wagon in the street—he went round the further side of
the wagon from me, and I saw him lay down these spoons by the wheel of the wagon—he was stopped by Holloway—a stranger picked up the spoons, and gave them to me—I delivered them to Holloway—I got two other spoons in my way home—these belong to the Marquis, and are worth about 9l.—this is his dwelling-house, and is in the parish of St. George, Hanover-square—the prisoner and the other man separated immediately on my calling out, and ran in different directions—the other man was about twenty-five years old, and dressed like those men who come for kitchen stuff to gentlemen's houses—the handing from the other man to the prisoner was before I called out.
Cross-examined. Q. What is the name of the Marquis? A. John Campbell—he has no other Christian name that I am aware of—I did not see the prisoner before I went down the area—there is an area before the house—I went down the steps, and shut the kitchen door, and then I saw the other party, who ran away—I missed the spoons, and came up and looked along the street—the prisoner and the other man were going down Park-lane towards Piccadilly—these spoons are old family plate, and have been in the family a great many years.
WILLIAM HENRY HOLLOWAY (police-constable C 194.) On the 21st of May, a little before eleven o'clock in the morning, I was on duty in Mount-street—I heard an alarm of "Stop thief"—I saw the prisoner running, and the servant following him—the prisoner ran towards me, and I stopped him—M'Farlane delivered to me sixteen silver spoons, and I got two more afterwards—the prisoner said he did not steal them, he had them put into his hand by a person he knew nothing about; that the party said, "Take these," and ran away. NOT GUILTY .‚
GUILTY . Aged 19.— Confined Nine Months.
NEW COURT.—Friday, June 20th, 1845.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 33.— Confined Three Months.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Three Months.
GUILTY . Aged 36.— Confined One Year.
(The prisoner received a good character.)
GUILTY . Aged 36.— Confined Three Months.
GUILTY .* Aged 36.— Confined Six Months.
MR. PRENDERGAST conducted the Prosecution.
SAMUEL HAWKINS JUTSON . I am the son of Samuel Ralph Jutson; he has a shed on his premises, which are in the parish of St. Botolph, Aldgate. We had been missing lead from the roof of that shed for the last five or six weeks—we had Mr. Hopper placed there to watch—he was watching there last Sunday night—my attention had not been called to the roof of the shed shortly before that—I had seen it about two months back—on Monday morning, about five o'clock, intimation was given to me of this particular fact—I went to the shed, and found the roof had been broken through, and a vast deal of lead had been taken from the premises—part of the roof had been taken off, where a party could get through, and then drop the lead—the prisoners had then been taken, and the lead was gone—I did not see whether the lead fitted the roof, but I saw a vast quantity was gone off the roof.
FRANCIS HOPPER (City police-constable, No. 525.) On Sunday night last I was stationed in the second floor back room of another house which commanded a view of the roof of Mr. Jutson's shed—on Monday night I was there again, and about one o'clock on Tuesday morning I saw the prisoner Satch on the roof of the shed, within four yards of me—I could see he was getting the lead up—he made some noise in doing it—I saw him ten minutes or a quarter of an hour before I made any alarm—I saw him dispose of two pieces of the lead by putting them down through a hole in the roof—I then went and placed two other constables in other parts, and on my return I saw the prisoner still at work—I called out, "What business have you there?"—he looked round, but could not see any one—he then stooped down, and began his work again—I called to him a second time, and said, "Why don't you be off, you have no business there"—I then turned my light full on his face—he dropped down on his stomach, worked himself backwards, and got down the hole like a rat—I then ran round into a court which led away from that part of the premises, and while I stood there the two prisoners were brought down by a constable that I had placed there—I afterwards went into the shed, and found two pieces of lead—I found one piece corresponded with the lead on the roof, where it had been broken off—there was a great deal of lead gone from the roof—the piece that corresponded was on the shed—it was partly cut off, and partly on—the other two pieces were in the shed—at the time Satch put the lead down the hole, I could not hear anything—it appeared to be handed down—I should say there was some one underneath to receive it, it was done so quietly—the lead we found in the shed was right under the hole—I did not hour any noise by its falling.
THOMAS DEVERELL (City police-constable, No. 512.) I was on duty that night near Mr. Jutson's premises—I received information from Hopper about a quarter past one o'clock on Tuesday morning—I put Notley near the premises, and when I came back he had the two prisoners in his custody—I found these two pieces of lead in the shed—I knew the prisoners—they were always together.
LEWIS NOTLEY (City police-constable, No. 665.) I was stationed near the premises—I went into the shed after I heard the prisoners come down—I heard a noise in the building as if they were coming down—after I heard the noise, I went in, and found the prisoners standing together in the lower part of the interior of the building, on the ground immediately under the roof—I did not see the hole in the roof—there was no one else in the premises—I asked them what they were doing there—Satch said, "We have been here to sleep"—Osmond did not say anything—I then took them both into custody—I did not know them before.
COURT to MR. JUTSON. Q. Can you account for mistaking the Sunday night for the Monday? A. I can only account for it from supposing that I was only going to identify the lead belonging to my father—it is the same transaction, but I had made a mistake, not supposing I should be called on at all—I know the prisoners well—I have seen them for two or three months past about our premises, and given notice to the police.
JOHN BUTLER (City police-sergeant, No. 407.) I was on duty that night—I went to the premises, and found a place had been made from the interior through the roof, by removing the tiles, which had been removed two by two, and piled one on the other in the gutter, in three different places—that was the only way we could get to discover what was done—we had to get through, and come back the same way—it was convenient for passing the pieces of lead through—there was a piece of wood under it, in the shape of a beam, where a person could stand and receive anything from a person at top, and drop it down a short space—on examining the gutter I saw a piece of lead there which was the remaining part of that which Hopper saw Satch cut a piece from—I removed it, and it exactly corresponded with one piece found in the shed—I am quite sure it was on Tuesday morning.
(Osmond received a good character.)
OSMOND— GUILTY .— Confined Three Months.
SATCH— GUILTY .— Confined Six Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
RICHARD HODGSON . I am a seaman. On Tuesday, the 10th of June, I arrived in London from Hull—I had left Hull on Monday, the 9th, at three o'clock—I brought with me a chest and a bag containing my hammock and bedding—I put the chest on board myself—I had lashed it up myself, but before that I had put two 5l. notes into a small box, and put that box into the chest—the chest was locked, and had a very good lock too—I saw the chest stowed away in the hold, and I saw a great quantity
of luggage put above it—when I arrived in London I found my chest in the same state as when I put it into the hold, and quite secure—I do not think it could have been opened on the voyage—when I landed I saw the prisoner—he offered his services to me as a porter—I made some inquiries in his presence, of the City police-constable, No. 533—I hired the prisoner to take my chest and hammock to the Dundee Arms, which is a very well-known house—I have used it these ten years—it is about a mile from the wharf—I did not accompany him—I went to an eating-house—I afterwards went to the Dundee Arms, but did not find my property—I was looking for the prisoner all Tuesday evening, but I could not find him—I saw him the next day in Thames-street—I said, "Halloo, my hearty, you are the man I am looking for"—he said my things were at the station—I took him with me to the station—I there found my chest and hammock-my chest was not in the same state as it was when I gave it him—the lashing had been disturbed, and the lock had been forced—I opened the chest, and the small box and money were gone—I then examined the hammock, and missed an oil jacket and three flannel shirts—I told the prisoner about the loss—he said he knew nothing about it—I went with the constable and a female to the prisoner's lodging, at No. 8, Norfolk-street, Southwark—I searched, and found my small box in a cupboard—when I opened it the two 5l. notes were gone.
COURT. Q. How do you know it to be his lodging? A. I cannot say, but his wife took us there—he was not there, he was at the station—I found my oil-jacket stowed away behind two chests in the prisoner's room, and there was a six-inch spike-nail there, which my chest had been broken open with.
MR. RYLAND. Q. Was the spike-nail rusty? A. Yes, it was a rusty concern—I observed marks of rust on the chest.
Cross-examined by MR. MELLOR. Q. Did you not say, "I want a porter?" A. Yes—the prisoner came to me, and I gave him my things, with orders to take them to the Dundee Arms—I did not observe that he had been drinking—I had not been drinking—I am not in the habit of taking drops—I had had a bottle of porter on board the vessel, but not to get drunk—I had nothing after I left the vessel—I inquired as to the prisoner's character, and called a policeman—he said he knew the man knocking about, and I might safely trust my property to him—I did not observe that the prisoner had been drinking—when I saw him the next day, in Thames-street, he did not run away—he went with me to the station readily, in presence of a policeman—I had been to the station before—he did not offer to take me to his house—they would not allow him to go out of the station—I am not aware that he said, "I will take you to my house"—he denied having robbed me—they took his wife up—she took me to his house at once with the policeman—I think the prisoner did not attempt to deny his address—his wife stated where he lived in his presence, though she was charged with a felony—when we got there it was an upper room—I never saw any lodgers there—we went very quietly about our work—my box was in the cupboard in the room—the cupboard door was open, but the box was stowed away in a corner behind some pots—there was a pitcher, and two or three old knives knocking about—this jacket was lying in a corner of the room, and the spike-nail was thrown under the fire-place.
Q. Did not the prisoner tell you, in the policeman's presence, that he
had forgotten the place to which he was to have carried this chest? A. said he had been to the house two or three days previous to my engaging him, and he wanted no address—he did not say that he was drunk at the time, having recently drank a great quantity of liquor, that after he left me he scarcely knew what he was about, and he got a man to carry the things—he never denied having taken my things—when I accused him of robbing the chest he denied it—his wife was discharged—I received the notes from the last ship I was in, in payment of my wages—Captain Carter was the master and owner—I left London on the 11th of last Aug. for the coast of Africa, and returned in April—I do not recollect the numbers of the notes.
EDWARD FUNNELL (City police-constable, No. 569.) I was at Tower-street station on Wednesday, the 11th of June—the prosecutor and the prisoner came there—there was a policeman some little distance behind—the chest had been brought there before, and was kept locked up in a cell—it was produced to the prosecutor, and he examined it in the prisoner's presence—he said the lashing had been disturbed—we asked him to look further—he undid the lashing, and found the lock had been forced—he examined it, and said he had lost a little dressing-case, and in it were two 5l. notes—he then examined his hammock, and said he had lost a jacket and three flannel shirts—he charged the prisoner, who said he knew nothing about it it might have been done on board the ship for what he knew—we asked the prisoner his name and address—he said, "No. 8, Norfolk-street, South-wark"—that is in the Southwark-bridge-road—we went in search of his wife, and found her—I did not know her before, bat have ascertained since that she is his wife—I went with her and the prosecutor to No. 8, Norfolk street—the prisoner's wife took me to the room—I searched it—the cup-board door was open, and this box was in the left-band corner of the cup-board—this jacket was concealed behind two boxes in the corner of the room—this spike-nail and a hammer were lying on the ashes in the fire-place—I took the hammer and nail and other things to the station-house—I compared the spike-nail with the marks on the chest—the black of the nail which was used as a poker is now on the chest—there are pretty dear marks that the chest must have been broken open by this and the hammer—there are plenty of marks on it.
Cross-examined. Q. What time did the prisoner come to the station? A. I was not there when he came first, and brought the chest—I was them in search of him—I heard his wife offer to take a policeman to the house, she at once gave his name and address—I did not know the prisoner as a porter—I am not on that beat—the cupboard was open, and the box was in one corner—you could not see the box without looking in—I found no money whatever on the prisoner—I believe 1 1/2d. was found on the wife.
JOHN SUMMERFIELD (City police-constable, No. 535.) I was on duty in Lower Thames-street on the afternoon of the 10th of June—I saw the prisoner and the prosecutor there—the prosecutor asked me, in the prisoner's presence, if I knew him—I said I knew him by the name of Fay, working about the street at portering—I heard the prosecutor engage him to take his luggage to the Dundee Arms, at Wapping—I asked the prisoner if he knew it—he said he knew it very well, he had been there scores of times—I saw him go away with the luggage, and no one with him—he
might have been drinking, but I considered him quite sober enough to take care of the things, or I would not have suffered him to go away with them.
Cross-examined. Q. Had he been drinking? A. He might have been drinking a little I considered—it would not have taken him above half as hour to take these things where they were to go, and he must have drank a great deal before, if it operated upon him so soon—if a man had been drinking you might not seethe effect of it immediately—I have known him as a porter working at the Custom-house about three years—I have not been on the beat longer—I never heard that he has been in custody—if I had not believed him to be a man of good character I would not have recommended him to this job—I saw him go in the direction of Tower-hill, which is the way to the Dundee Arms—I noticed that the chest had not been forced at the time he took it.
COURT. Q. How far is it from where he took charge of the luggage, to the Dundee Arms? A. About a mile and a quarter; and to his lodging, I should think two miles; and from his lodging to the station-house in Tower-street, I should think nearly a mile—it was about twenty minutes before six o'clock when he started with the luggage—the vessel arrived at half-past five.
JOHN COLE (City police-constable, No. 502.) On Wednesday, the 11th of June, about twelve o'clock, I was on Little Tower-hill, about twenty yards from the station-house—I saw a truck standing near the curb—I was looking at it, and the prisoner came up, and said he was hired to take the chest and bag that were in the truck by a person to a place which he could not find, and he had not seen the person since—I recollected the circumstance of the chest being lost, and I said, "Your name is Louis?" which is a nickname he goes by—he said "Yes"—I told him to bring the things into the station-house, which he did—he said he got drunk, which was the reason he could not find the place where he was to take it to—I told him I had a policeman searching for him—I saw the property locked up in a cell at the station, quite safe—I saw it delivered to the prosecutor in the state I received it.
Cross-examined. Q. When the prisoner said he had forgotten the name of the place, and had got drunk, did he not say that he met with a man, and asked him to carry it? A. No—he said he got drunk, and could not find the place—I said, "You were hired to take it to the Dundee Arms?"—he said, yes, but he could find no such house—he did not tell me that he took it home—I am not on duty at the Custom-house—I am always at the station—the prosecutor said he had heard from the policeman that he had hired a man they called Louis—the prisoner did not say that he was coming to the station, that the things might be taken care of.
GUILTY . Aged 47.— Transported for Seven Years.
NOT GUILTY .
MESSRS. DOANE and HUDDLESTONE conducted the Prosecution.
WILLIAM ROGERS . I am machine-boy to Bradbury and Co., printers, Whitefriars. I was going past the Admiralty on the 27th of May—it had just struck nine o'clock—I saw the prisoner standing against the gate—he said to me, "Boy, I will give you a halfpenny to go over the way, and get me a quartern of the best gin"—he said he could not leave the gate—he gave me a little stone bottle from his breast pocket, and gave me a half-crown—I went across to the Duke of Clarence—I asked for the gin, and gave the half-crown the prisoner gave me to Mrs. Jones—she spoke to me about it, and told me to go behind the bar—I went, and took my two little brothers with me—she then asked me to go into the parlour—I went across the road to look for the prisoner, and could not find him—they then gave me into custody.
SARAH CUSTINS JONES . I am the wife of Benjamin Jones, who keeps the Duke of Clarence. On the night of the 27th of May, a little after nine o'clock, Rogers came for a quartern of gin—he had a stone bottle-with him—he gave me in payment a half-crown—I at once noticed that it was a had one—I gave it to my husband.
JOHN BECKERSON (police-sergeant A 22.) I received this half-crown from Mr. Jones on Wednesday morning, the 28th of May, and I got on the Tuesday evening a half-crown from the constable, which he had-received from Walker—I marked it, and gave it to Benn.
MARY WALKER . I am housekeeper to Mr. M'Gregor, who keeps the Canteen at the Horse Guards. At eleven o'clock on Tuesday night, the 27th of May, the prisoner came in and had a glass of beer—I served him, and he gave me a bad half-crown—I told him so—he said he bad more, and he then gave me a good one—I gave him into custody—I kept the half-crown in my hand, and gave it to the officer at the station.
GUILTY .* Aged 32.— Confined One Year.
ANN BROWN . I am the wife of Charles Brown; I am a milliner and dress-maker, and live in Hungerford-market. On the 10th of May the prisoner came to my shop for two yards of straw beading—I served her—it came to 2s.—she gave me a shilling—I gave her a sixpence and 4d. in change, and she went away—I gave the shilling to Sarah Bentley to get change—she was away two or three minutes, when she came back with the shilling bent double, and a bit cut off it—I showed it to a policeman, and afterwards gave it him—on the 17th of May the prisoner came again—she looked at two flowers, which were 2d. each—she bought them, and gave me a new half-crown—I told her I would go and get it changed—I went
out because I was afraid it was not good—I was speaking to a person—I the policeman passed, and I gave him the half-crown—he went to my shop and took the prisoner—I told him it was the same woman that I took the shilling of which I had given to him on the 12th.
SARAH BENTLEY . I am servant to Mrs. Brown. She sent me out with the shilling on the 10th of May—I took it to a public-house down the steps at Hungerford-market—I gave it to a woman—she gave it to a man in the public-house—he bent it with his teeth, and gave it back to me—it was the same shilling I took from my mistress, and I gave it her back again.
WILLIAM PETERKIN (police'Constable F 55.) On the 12th of May Mrs. Brown gave this shilling to me—on the 17th I saw her in the market, and she gave me this half-crown—I went to her shop, and took the prisoner—I charged her with uttering the half-crown—she denied all knowledge of its being bad—she denied being there with the shilling at all—there was nothing found on her.
GUILTY . Aged 21.— Confined Six Months.
JAMES STRATTON . I keep the Seven Stars, at North-end, Fulham. On the 20th of May the two prisoners and Liddy came to my house—Liddy called for some gin—he gave me a good sixpence—Flood asked for a pio of ale—I served her, and she gave me a shilling, which she untied from the corner of her handkerchief—I put it into a small wooden bowl in the till where were two or three fourpenny pieces and two sixpences, but as other shilling—they drank the ale at the bar, and then went into the tap-room—Liddy then came out, and spoke to me, and brought me a had shilling—I looked into the wooden bowl immediately, and found the shilling which Flood had given me was bad—in about a quarter of an hour Tustin came from the tap-room—she called for a bottle of spruce, and gave me a bad half-crown—she went back to the tap-room, and I sent for a constable—before the constable came the prisoners came out of the tap-room, and went a little way, but not out of my sight—I fetched them back—I gave the two shillings and the half-crown to the officer—I marked them in his presence.
COURT. Q. Was Tustin tipsy? A. She had been previous to that, but she fell asleep and got better—she came in nearly tipsy—Flood was sober enough.
JAMES LIDDY . I am a lighterman to the Surrey Coal Company—I have been in their service three years—on the 20th of May I was on the canal bridge, near the City Arms, North End—it was about one o'clock—I was going into the Lilly Arms public-house for a glass of ale—as I went in the prisoners followed me and addressed me by the name of Coomb—I said that was not my name, and I did not know anything of them, I was going to have a glass of ale—I called for a glass of ale, and they called for a pint—I drank my ale, and the pint was served to them—Flood paid for all the ale—I put the money down to pay, but they would not let me pay—I
do not suppose we stopped there above ten minutet—I then walked out towards Fulham to cross the water and the prisoners followed me—I walked on about 500 yards, which brought me near to the Seven Stars—I then wanted to go one way—the prisoners wanted me to go another—I refused, but I said as they would pay for the ale at the Lilly Arms I would treat them at the Stars—we went in—I called for a quartern of gin, and paid for it with a sixpence—I did not drink any of that—they then called for a pint of ale and asked if I would have some of that—Flood paid for it with a shilling—I stood there some time—Flood took my handkerchief out of my pocket, and they went into the tap-room—I followed them—they took the liquor with them and drank it and Flood called for more—I continued in the tap-room with them and observed a shilling fall out of Tustin's mouth—Flood called her a b—y fool for dropping it out of her mouth—Flood took that shilling in her band and walked out of the tap-room—I followed her and told her I wanted my handkerchief—she gave me the shilling and said that was a present for me, and she should keep the handkerchief—she went in the tap-room again, and I followed her and took my handkerchief from her—I gave the shilling to Mr. Stratton and spoke to him—Tustin was in liquor—I went into the tap-room again and Tustin went out for a quartern of spruce, with a half-crown—I saw her go out and come in with it, and 2s. 2d. change—I do not know whether she kept it or not.
COURT. Q. Had you seen that it was the same shilling which came from Tustin's mouth which Flood gave you and which you gave to Stratton? A. Yes, I saw the half-crown on the table—Tustin took it and went to the bar with it—I was gone when the officer came, but I left a direction where I might be found—I went and gave evidence when the policeman came for me.
Flood. Q. Did anybody see me give you the shilling? A. There was nobody standing before the bar—the landlord was in the bar—I was at the door—I came out and told the landlord that you took my handkerchief out of my pocket.
JURY. Q. Did you see that the half-crown was bad when it was on the table? A. Yes.
MR. J. FIELD. These are all counterfeits.
Tustin's Defence. I was going to Hammersmith and met Flood—I had not seen her for twelve months—she asked me to have something, and we went to the Lilly Arms—we then went to the Seven Stars, and the drink took more effect on me than it did on Flood—I fell asleep for about half an hour—when I awoke Flood put the half-crown into my hand—I went and got the spruce—I know nothing about the handkerchief nor the shillings.
FLOOD— GUILTY . Aged 23.
TUSTIN— GUILTY . Aged 28.
Confined Six Months.
NOT GUILTY .
NOT GUILTY .
THIRD COURT.—Saturday, June 21st, 1845.
Before Edward Bullock, Esq.
1337. GEORGE WINDERS was indicted for stealing, on the 8th of June, 4 bushels of oats, value 11s.; 3 bushels of a mixture of oats and chaff, 4s.; and 1 truss of straw; the goods of John Lloyd, his master.
MR. CHARNOCK conducted the Prosecution.
JOHN LLOYD, JUN . My father, John Lloyd, is a livery-stable-keeper and corn-chandler, in Gray's Inn-lane—our yard is in Liquorpond-street—the prisoner was our carman. In consequence of something on Saturday afternoon, the 7th of June, I directed Lawrence, the officer, to be on the look out—he came to me on Sunday morning, about half-past nine o'clock, and told me, in the prisoner's presence, that he had seen the witness, Nathan, come out of the yard with a sack—that he followed him into Liquor pond-street, to see where he went to, and he went into Mrs. Isaacs'shop, that after he had put the oats down in the shop, he told Nathan he wanted to speak to him, and brought him up to our house—Nathan was present, and Lawrence asked him where he got it from—he said, "Mr. Lloyd's"—he asked whether he saw any of Mr. Lloyd's family, me or my mother—he said, "No," he did not—the prisoner said he had served him with a sack of oats, but he had not received the money—Nathan said he had paid him 12s.—he said so two or three times, and said it was in four half-crowns, he was not certain what other money, two shillings, or one shilling and two sixpences, he did not know which—upon that the prisoner was searched in my presence, and four half-crowns, one shilling, and two sixpences, were found on him in a bag by itself, and 5s. 5d. in another pocket—other money was found in different parts—the prisoner made no remark on its being found, only that he had not received the money—his duty on Sunday morning was to clean the shoes and the horse—he had no authority to sell corn on the Sunday—I have the principal management of the business—it is not our practice to sell things on a Sunday—he had made no communication to me about having sold these oats—if anybody wanted anything, the prisoner should come and ask the permission of myself or my mother—if it was a regular customer, I should not object to serving them—he had said nothing to me about this sale—we had strictly forbidden him to serve anything on the Sunday.
Cross-examined by MR. BALLANTINE. Q. Had you forbidden him yourself? A. Yes, about three weeks ago—he had been selling on the Sunday before, although I had forbidden him on several occasions—he accounted to me for the proceeds of those sales—Mrs. Isaacs is a customer of ours—she is of the Jewish persuasion—she has not been in the habit of having corn on the Sunday, to my knowledge—I do not serve at all nor does my father—he had asked my mother's permission when he served on the Sunday, three weeks ago—that was to a regular customer—11s. 6d. would have been the price of the articles sold to Nathan—he paid 6d. more than they were worth—he had been in the habit of having oats at that price, but these were a different sort—I think Nathan said he had paid 12s. before the prisoner was searched, but I cannot be positive—I have known Nathan ever since I could recollect—he has not been a good deal abont our stable—he knows the price of the articles pretty well.
MR. CHARNOCK. Q. Were you and your mother at home on this Sunday morning? A. Yes, we could easily have given permission, if applied to—he had authority to sell on other days—the yard is not closed on a Sunday.
SAMUEL NATHAN . I am the nephew of Mrs. Isaacs, of No. 27, Liquorpond-street—I went to Mr. Lloyd's yard on Sunday morning, about a quarter to nine o'clock—I saw no one there then—I went again, and saw the prisoner—I said, "Can you let me have a sack of corn?"—he said, "No, I can't now; you must come up in about a quarter of an hour's time, when Mr. Lloyd is up—I went away, and went again—I am not sure whether I went two or three times—the prisoner sold me the corn and two trusses of clover—I got the corn, but he told me to come up to-morrow after the clover—I paid him 12s., four half-crowns, but I cannot say whether it was one shilling and two sixpences, or two shillings—I am certain I paid the money to the prisoner—I paid it before I took the oats on my back—I saw a man up the yard cleaning the horse.—I did not see anybody in the street—after I got home with the oars I was fetched back again to Mr. Lloyd's—the policeman called Mr. and Mrs. Lloyd down—the prisoner was called, and Mrs. Lloyd said to him, "Did you serve this young man with any oats this morning?"—the prisoner said, "Yes, I did, but he has not paid me any money"—I said I had paid him 12s.—Mrs. Lloyd asked did I know in what coin I paid him—I said "Yes," and told them—he was then searched, and the money found on him—I had not applied for the oats before that morning.
Cross-examined. Q. You had received the money from your aunt, had you not? A. Yes, on the Friday evening, 18s. 8d.—we were busy on Saturday night, and I went on Sunday morning—we keep a coal-shed—I had no dishonest notion in taking the oats—I went up and asked the prisoner to let me have a sack of oats, and he did—I do not know the worth of oats very well—I used to pay 12s. in the shop, and the prisoner I said, "It ought to be 3d. more, by rights"—I gave no reason for going on the Sunday—I have been before on a Sunday several times, and other persons have been there at the same time—I do not know whether Mr. Lloyd was aware of it—I always paid the prisoner for what I had—I was no accomplice in stealing these oats—I was quite ready to tell all about it—he did not tell me to conceal it—he was at work there cleaning shoes—I had made no appointment with him.
MR. CHARNOCK. Q. You had never had any dealings with Mr. Lloyd on the Sunday? A. No—I do not know whether these oats were as good as those I paid 12s. for in the shop—I did not look at them—I am no judge of oats—the money was not in a bag when I gave it him—it was loose.
JANE LLOYD . I am the wife of John Lloyd. The prisoner was our carman—the policeman called me, and made some communication—I went with him and Nathan to the prisoner, in the yard—I asked him if he had sold Nathan any oats—he said, yes, he had served oats—I said, "Where is the money?"—he said he had never paid him, he had not received the money—Nathan said directly, "How can you tell such stories? I paid you 12s."—I said, "Are you quite certain you paid my man?"—he said, "Yes, I am"—I asked the prisoner if he really had not received the money—he declared solemnly he had not—Nathan positively said he had paid it—I asked what money he was paid in—Nathan said, four half-crowns,
and, he thought, one shilling and two sixpences—the prisoner was searched, and 12s. found on him, and twenty sovereigns concealed in his fob-my husband is blind, and the business devolves entirely on myself and my son—the prisoner was strictly forbidden to sell goods on the Sunday, except I gave him permission—he had given me no intimation of the sale of these oats.
JOHN LAWRENCE (policeman.) On the 7th of June I received instructions to be on the look-out—on Sunday morning, the 8th, I was in plain clothes, and about nine o'clock saw Nathan go down Mr. Lloyd's yard—he went away without anything—in a quarter of an hour or twenty minutes he came back again—he returned in a few minutes, without anything, and went away again—in the course of a very short time he came back a third time, and went in—he came out in eight or nine minutes, with a sack, and went down Liquorpond-street, to Mrs. Isaac's—I went behind him, touched him on the shoulder, and spoke to him—I brought him back to Mr. Lloyd's, and saw Mrs. Lloyd—when the prisoner was brought forward I asked him if he had served that boy with a sack of oats—he said he had—I asked him what the boy paid him for it—he said, not a farthing—Nathan said he had paid him 12s., as he had told me previously—the prisoner denied it—I did not hear him asked about the coin—I searched him, and found the money—Nathan directly said, "That is the money I paid him, I will swear it, there were four half-crowns"—he could not exactly say what the other coin was—I found twenty sovereigns in the prisoner's fob at the station, and 4 1/2d. loose in his trowsers pocket.
Cross-examined. Q. You had never lost sight of Nathan, had you? A. No—I left him and the prisoner in custody of another constable, while I went to Mrs. Isaac's to ask the coin she had sent.
(The prisoner received a good character.)
GUILTY. Aged 39.—Recommended to mercy. — Confined Three Months.
There was another indictment against the, prisoner for embezzlement, upon which no evidence was offered.
1338. THOMAS FLYNN was indicted for stealing, on the 24th of May, 2 puncheons, value 10s., the goods of Joseph Samuel Hesse.—2nd COUNT, stating them to be the goods of Henrich Herman Holtzmeyer: and that he had been before convicted of felony.
GEORGE BLACKMAN . I am a cooper, and live in Gower's-walk, White-chapel. On the 24th of May, about seven o'clock in the morning, I samw the prisoner roll two empty puncheons out of Mr. Holtzmeyer's premises—Mr. Hesse's people were taking some away at the time—he rolled them about 200 or 300 yards down Church-lane, and up to Colchester-street, and put them behind a cart there—I sent a person to let Mr. Hesse know—I afterwards saw the prisoner in the act of rolling a puncheon away again from behind the cart—he turned round, saw me, dropped it, and walked away—he was formerly in my employ.
JOSEPH SAMUEL HESSE . I am a cooper. Mr. Blackman showed me two puncheons, marked "R. 11 & R. 13."—they are my property—I take them from Mr. Holtzmeyer's—he is a sugar-baker—the casks go to him full of molasses, and as soon as they are emptied they are steamed, for us to take away—I sent Bacon on the 23rd of May for some, and what were left then he was to fetch on the 24th—I received twenty-seven, I think.
Church-lane. On the 14th of May I received eight puncheons of molasses from the West India Docks, marked "R," and numbered 8 to 15, inclusive—on the 29th I saw the two stolen which were marked "R," and numbered "11 and 13"—as long as they were on my premises I considered them my property, as long as they remained on the premises, but the cooper's when moved out.
WILLIAM BROWN . I live in Johnson's-court, Rupert-street, Goodman's-fields. On Saturday morning, the 24th of May, the prisoner offered me a puncheon for sale—it was standing behind a cart in Colchester-street—it did not suit me, and I did not purchase it.
EDWARD BURGESS (policeman.) I apprehended the prisoner—I told him it was for two puncheons that he had stolen from Mr. Hesse on Saturday morning—he said he knew nothing about it—Mr. Hesse showed me the two puncheons marked "R. 11 & 13," at his premises—I saw Mr. Holtzmeyer examine the same two on the 29th.
Prisoner. I beg for mercy; I have a wife and nine children.
GUILTY . Aged 44.— Confined Twelve Months.
1339. JOHN WILLIAMS was indicted for stealing, on the 2nd of June, 1 coat, value 1l. 10s.; 1 pair of trowsers, 1l.; 1 waistcoat, 2s. 6d.; 1 shirt, 1s. 6d.; 1 handkerchief, 6d.; and 1 pair of braces, 6d.: the goods of John Turpin, in a vessel on the navigable river Thames; and that he had been before convicted of felony.
JOHN TURPIN . I am master of the brig Bowen, of Whitby, which was lying in the Thames. On Monday morning, the 2nd of June, I missed the articles stated, which I had left safe about half-past nine o'clock on Sunday night, on the cabin locker—these now produced are them, and are my property—I do not know the prisoner.
DANIEL SUGG (police-sergeant.) About four o'clock on Monday morning, the 2nd of June, I saw the prisoner in Cannon-street, St. George's, carrying a bundle—I followed him, and made signs to another constable to stop him till I came up, which he did—I asked him what he had in the bundle—he said, "I don't know"—I asked where he got it—he said he met a man at Execution-dock stairs, who asked him to carry it to Commercial-road, and remain at Mr. Gurney's public-house until he came—I took him to the station, and found the bundle contained these things.
Prisoner's Defence. I was standing at Execution Dock-stairs about half-past two o'clock; a man, dressed like a sailor, came over the water, and asked me whether—I would carry a bundle up to Cannon-street; I said yes; I walked there, and stood by Mr. Gurney's public-house about ten minutes, and the policeman took me into custody.
THOMAS TURVEY (policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted 3rd April, 1843, by the name of John Lewis, of stealing 20l. worth of rags, and confined two years)—I was present at the trial, and am certain the prisoner is the person.
GUILTY .— Transported for Ten Years.
1340. JAMES ATTRIDGE and HENRY HODGES were indicted for stealing, on the 27th of May, 112lbs. weight of iron, value 11s., the goods of John Bolting, their master; also, 215lbs. weight of iron, 19s., the goods of their said master; to which
ATTRIDGE pleaded GUILTY . Aged 20.
HODGES pleaded GUILTY . Aged 18.
Recommended to mercy by the Prosecutor, who promised to employ them again.— Confined Fourteen Days.
MARTHA LOFTS . I am the wife of John Lofts, a bookseller, and live is Park-place, Mile-end-road. The prisoner was in my service nearly five months—she did not sleep in the house—about ten o'clock on Wednesday night, the 28th of May, she was going home with a parcel—I told her to leave it, which she did, in the kitchen—she came next morning, about half-past six—I opened the parcel about half-past nine, and found in it five half-crowns and eighteen shillings—I then asked her whether she had anything in the parcel besides her clothes—she said she bad not—her clean clothes were in the parcel—I showed her the money, and told her where I had found it—she said, "The money does not belong to you, and you have no business with it"—I asked whether it belonged to her father and mother—she said it did not—I asked whether they knew of her having it—she said they did not—I asked how she came by it—she hesitated, and afterwards said she found it at the back of the counter, among some papers—I sent for a constable, and gave her into custody—I had not missed the money; but, on examining my accounts, I missed 20s. from the Monday morning till Thursday, from the drawer in the shop—I paid her 18d. a week and kept her.
Prisoner's Defence. As I was clearing away the waste paper behind the counter this money was with it; I thought no more of it, but took it down and put it with my things; I had no intention of keeping it, I meant to give it to my mistress the next morning; she sent me out with some washing, and when U came back she had found it.
MRS. LOFTS re-examined. I kept the drawer locked, and either myself or daughter kept the key—she must have had a false key.
GUILTY. Aged 14.—Strongly recommended to mercy. Confined One Month.
HENRY WHITE . I am carman to John Evans, a wholesale cheese-monger, of High-street, Shoreditch. On the 27th of May, about half-past three o'clock, I was stopping at Brewer's-quay, Lower Thames-street, with his cart—I went into an ale-shop to have some beer, and left the cart facing the door—it contained a load of Dutch butter, the property of Mr. Evans—I saw the prisoner before I went in—I saw him draw another cart up the hill—her had been standing alongside me all day—when I came out I missed a small firkin of butter from the back part of my cart—the cart the prisoner had been driving stood close to my cart—I saw my firkin in
his cart, partly covered with a great coat and a tarpaulin—he passed close by me, and went up the hill—I went after him, told him to stop, and said, "You have got something in your cart which you have no business at all with"—he said, "You are a b—liar"—I turned round, saw a policeman, and gave him into custody, with the firkin—this now produced is it.
THOMAS WAKEFORD (policeman). About half-past three o'clock on the afternoon of the 27th of May, White called me—I went to the prisoner, and saw the firkin in the cart he was driving, covered up—I asked how he came by it—he said, "What the b—h—have you to do with it, it is in the City, you have nothing to do with it?"—he threatened me, and proceeded to go on with the cart—I stopped it—he then ran away into Lower Thames-street—I overtook him about 200 yards up Lower Thames-street—he turned round and struck me over the head with the butt end of a whip—I laid hold of him—he struggled a good deal, and kicked me very severely—if it had not been for the soldiers at the Tower, I could not have kept him in custody—I took the firkin of butter out of the cart.
Prisoner's Defence. I was at work for Mr. Owen, to go with the cart; I had it standing on Tower-hill; a man wanted ten sacks of flour taken; I went up as far as Mincing-lane, and this man came running after me, and said, "You have a cask of butter in your cart belonging to me;" I said I had not, and if it was there it was unknown to me; he called the policeman; I went down Thames-street, to see whether my master was gone home; the policeman ran after me and took me.
GUILTY . Aged 21.— Confined Twelve Months.
HENRY LANGDON . I am shopman in the service of Edward Marmaduke Clark, an optician, in the Strand—the prisoner was in his employ—I on the evening of the 22nd of May, or the morning of the 23rd, I gave him a telescope which we had had to repair, to take to Mr. Gahagan's, in the Strand—this now produced is it.
Cross-examined by MR. HORRY. Q. What were the prisoner's wages? A. 7s. 6d. a week—he did not sleep in the house—he kept himself.
SAMUEL HENRY FREEMAN . I am in the service of Mr. Kirkham, a pawnbroker, in the Strand. On the 23rd of May, the prisoner pledged this telescope for 4s. in the name of John Hall—I knew him before—this is the duplicate I gave.
MR. HORRY called
ELIZABETH ORAM . I am the prisoner's sister—I have been in business with my elder brother—I have been in the habit of assisting the prisoner with money for some years past—I was out of town at the time in question, and had not seen him for some time—he had reason to expect me in town in a day or two—I would then have advanced him money, had I known he wanted it—he has been apprenticed to a medical gentleman, who failed—our parents have been dead these ten years.
NOT GUILTY .
JAMES HENDERSON EDMONDS . I am a carpenter in the service of Mr. Clark. On Tuesday, the 13th of May, I left my tools there in the care of Mr. Long, the shopman—the prisoner was then in Mr. Clark's service. I was ill, and did not go to work again for a fortnight—I then missed my saws—these are them.
HENRY SIMPKIN . I am in the service of Mr. Vaughan, a pawnbroker in the Strand—this saw was pledged at my master's on the 16th of May—I have no recollection of the prisoner—this is the duplicate I gave.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Two Months.
ALEXANDER MUNN . I am a clothier, and live in Charlton-street, Somers-town. On the 28th of May, between four and five o'clock in the afternoon, I was spoken to in my shop—I went out after the prisoner—she was about two or three doors off—I stopped her and found under her shawl this blouse coat—it is mine, and had been pinned outside on an iron railing—I said, "I really cannot let you go this time; I let you go about a month ago for stealing"—I took her back, and gave her into custody.
Prisoner. I have been out drinking for the last three months; I have nothing to say about the coat; but he is mistaken about my robbing him before; I was in liquor, and did not know what I was about.
ROBERT KNIGHT (policeman.) I produce a certificate of the prisoner's former conviction from Clerkenwell—(read—Convicted 17th of July, of larceny confined three months, three weeks solitary)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 58.— Confined Twelve Months.
CHARLES ENON . I am a plumber, and live in Huntley-street, Torrington-square—my wife is a dress-maker. The prisoner has been in my awevice three weeks—from information I received I measured some pieces of silk and muslin, which my wife had to make into a dress—last Monday, on measuring it again, I missed three-quarters of a yard of yellow silk half a yard of yellow crape, and two half yards of muslin—about six o'clock in the morning of the 17th I went with an officer into the prisoner's room—I told her I was going to search her boxes with a policeman—she said nothing—she helped take the things out of her box—I foun
this yellow silk, crape, and muslin—I compared them with the pieces they were cut from, and found them quite correct—when I found them the prisoner began to cry, asked for mercy, and said, "Don't give me in charge"—I had no other servant.
JOSEPH WARD (policeman.) I was called, and went with Mr. Enon into the prisoner's bed-room—I asked to tee her box, and if there was anything in it that was not her own—she said "No"—I then proceeded to search the box—it was not locked—I saw her take out this parcel in taking out her frocks—it was folded up in a handkerchief—Mrs. Enon took it out of her hand, and gave it to me—it contained these things—Mrs. Enon said, in the prisoner's hearing, they were the pieces she had lost—I helped to compare them with the larger pieces, and they exactly matched.
GUILTY. Aged 14.—Recommended to mercy by the Jury and Prosecutor, Confined Three Weeks.
JOSEPH BEARDWELL . I am a baker, and live in Woburn's-buildings, St. Pancras. The prisoner has been in my service upwards of five years—it was part of his duty to receive money, which he should pay to me every night—on the 2nd of June I went with him round to my customers—the servant at Mr. Boyle's produced this book to me, which she kept—I found an entry there in the prisoner's writing, by which it appeared that only the last week's bread was owing for—I had much more in my books—I find entries here by the prisoner each week—the last is on the 24th of May, 4s. 5d.—that appears to have been paid, and there it a receipt in the prisoner's writing—on the 17th of May here is 3s. 8 3/4d. entered as received by him, and also 2s., 8 1/2d. on the 3rd of May—I spoke to him about it at the time, and he said he would make it all right—I said I had a great mind to give him in charge at that moment, but I did not till the Wednesday following.
Cross-examined by MR. E. PLATT. Q. I presume you had a good opinion of him? A. I had—he carried out the bread—I placed confidence in him—it was my rule that he should pay over the money he received every night—I did not allow it to go on—he always accounted every night—he used sometimes to keep back 1s. or 2s., which was deducted from his wages—that was not with my approbation—I have reprehended him several times on that account, but he continued to do so—if he had it then he did not have it on Saturday night—I had no suspicion that Mr. Boyle's account was not correct—I had no quarrel with him before I went to Mr. Boyle's—we had had words certainly—that was partly the occasion of my going—I did not give him into custody immediately on finding this out—I wished to see how other customers stood first—I went round with him on the Tuesday and Wednesday following—I allowed him to go on leaving bread—he has not said that if time was given him to explain I should be found his debtor—he asked before the Magistrate to be remanded—he has alleged there was a mistake—I said, "Well, if there is, look throagh the book with me," but he has always avoided that—when I said I had a good mind to give him into custody, he said, "I wish you would"—after he was remanded a relation of his came to me to speak about the matter—I did not on that occasion entertain a proposition that the matter should be compromised on payment of a certain sum—their proposition was 1l.—I did not say if the whole sum was paid I would not go on—that was not offered me
—I cannot say that I accepted a proposition to compromise the matter—they asked me if I would—I did not make any answer to it—I told them they were at liberty to make me any proposition they thought proper—I cannot say that I accepted it—I left them to offer—I did not accept or refuse it.
ELIZABETH LINSEL I am in the service of Mr. Boyle. I paid the prisoner 2s. 8 1/2d. on the 3rd of May, 3s. 10 3/4d. on the 17th, and 4s. 5d. on the 24th—he signed receipts in this book for those amounts—it was to be paid to Mr. Beardwell—the money was Mr. Boyle's.
Cross-examined. Q. Did you always pay him regularly? A. I did on the three last occasions, but not always exactly to the day—I generally paid him on a Saturday—I believe on one or two occasions it went on longer than a week—I sometimes paid him on a Monday.
JOSEPH BEARDWELL re-examined. I paid him his wages every Saturday night—I then deducted what he had received during the week—when he has accounted to me for money of a night he has sometimes taken two shillings, sometimes three shillings, and so on, and I gave him the balance on Saturday—he did not have it indiscriminately—he always told me how much be kept back.
NOT GUILTY .
1348. JOHN HANNIFORD was indicted for stealing, on the 10th of June, 1 ring, value 6s., the goods of William Napman: and MARY HANNIFORD for feloniously receiving the same, well knowing it to have been stolen, &c.
JANE NAPMAN I am the wife of William Napman, and live at No. 1, Park-terrace, Kensington. A week and three days before Christmas I went out to nurse a lady—I returned home in three weeks and missed gold ring which I had left in the drawer of a little box—the male prisoner is my nephew, and the female is his wife—they were in the habit of visiting at my house—I afterwards had the female taken into custody—she said the ring was pawned for 4s., in the name of Adams—I do not remember that she said she had pawned it, but she said she could get it without the ticket—in consequence of inquiry I went to Mr. Stevens, a pawnbroker, in Wardour-street, and there found the ring—this is it.
Mary Hanniford. Many people visited at the house besides me; there was a young woman lodging there, and a young man slept in the house the night she left. Witness. It is not so—nobody visited the house but them.
WILLIAM NAPMAN . The prisoners were in the habit of coming to the house while my wife was away—one day, early in Jan., when the male prisoner was there, I was turning over the tea-caddy, and my wife's ring was in it, the one now produced—I took it out—he said, two or three times over, "What a beautiful ring!"—he had seen his aunt wear it—he took it up, put it down again, and I put it into the caddy which I left on the drawers—it was not locked—I left the room at different times while he was there, for five or ten minutes at a time—he went away about two or three o'clock—there was no one else there—my wife came home about three or four days after—I never saw the ring again till I saw it at Hammersmith last Thursday week—no one but the prisoner came to my house between the time of his seeing the ring and my wife's coining home—I go out at six
o'clock in the morning, and lock the house up till I come home at night—nobody came but my shoemaker on Sunday, and he was not out of my sight.
John Hanniford. He never showed me the ring. Witness. I did, and he took it in his hand.
WILLIAM VINCENT . I am assistant to Mr. Stevens, a pawnbroker, in Wardour-street. On the 10th of Jan. this ring was pledged, with a handkerchief and necklace, by a woman—I do not know who—I gave her a duplicate.
THOMAS EASTLAND (policeman,) The prisoners were given into my charge—the female was searched—only two keys were found on her—one was the key of her room and the other the latch-key of the street door.
John Hanniford's Defence. The prosecutor, while his wife was away, kept from work for a fortnight, got drunk, and pledged everything in the house; he sent my wife to pledge the bed, and now he wants to itain my character; it is nothing but spite.
NOT GUILTY .
JANE NAPMAN . I am the wife of William Napman. On the 17th of Dec. I sent my little girl, six years old, to play with the prisoner's child—I she had on a coral necklace—she was away about two hours—she came back without the necklace—she complained to me about it, in consequence of which I spoke to the prisoner about it next day—she said she had not got it—a day or two after that I went out to nurse a lady—when I came I back I again spoke to the prisoner about the necklace—she denied it—in consequence of information I went to Mr. Stevens, a pawnbroker, in War-dour-street, last week, and there found the necklace, the ring, and a handkerchief—it is my husband's property.
Prisoner's Defence. The child left my house with the necklace on to go to a Mrs. Cooper's.
NOT GUILTY .
NOT GUILTY .
1351. WILLIAM WYNNE, JOHN SMITH , and THOMAS BAKER , were indicted for stealing, on the 16th of June, a printed book, value 3s., the goods of Thomas Cahill, from his person; and that Wynne and Smith had been before convicted of felony.
WILLIAM WEST (policeman.) About ten o'clock on the evening of the 16th of June I was on duty, in company with Ashman, in Great Queen-street—a number of persons were assembled in front of Freemasons' Tavern—I saw the three prisoners together, and watched them for about a quarter of an hour or twenty minutes—I saw them speak to each other—I saw each of them attempt several gentlemen's pockets, but Smith did so more frequently than the others—I saw Smith go close up to the prosecutor—the
other two closed up behind him—I closed up at the back of Baker, looking over his shoulder—I saw Smith take something from the prosecutor's pocket and slide it towards Baker, who put it under his apron—I put my hand under his apron and felt it was a book—Ashman put his hand at the same time and took it away—I spoke to the prosecutor, and we took the prisoners into custody—on Wynne I found six old cotton handkerchiefs, and three on Baker—a lot of Irishmen were assembled there to see the Catholic schools.
Wynne. The handkerchiefs belong to me; no man would be tempted to steal them; they are not worth 2d.; did you see me attempt anybody's pocket? Witness. Yes.
JAMES LEWIS ASHMAN (policeman.) I was on duty, in plain clothes, in company with West, and saw a crowd opposite Freemasons' Tavern—I saw the prisoners feel several pockets, Smith more particularly—he closed behind the prosecutor, and the other two were covering him—I was close behind Smith—I saw him take something from under the prosecutor's coat-tail, and give it to Baker, who put it under his apron—I immediately seized his hand, and took this book from it.
THOMAS CAHILL . I went with a boy to Freemasons' Tavern on the 16th of June, and was waiting for him to come out—I had this book in my pocket two or three minutes previous to the policeman speaking to me—I then felt, and it was gone—it is mine.
Wynne's Defence. I never saw these men, and know nothing of them; I was standing there, and was taken into custody.
Smith's Defence. Wynne is quite innocent of being in our company; he is a total stranger to me; I am quite innocent of it; I was standing by the railing, and never touched the man's pocket.
Baker's Defence. I found the book on the step of a door, about two minutes before the policeman took hold of me.
JAMES WEBB (policeman.) I produce a certificate of Smith's former conviction from Clerkenwell Sessions-house—(read—Convicted on 3rd Dec. of larceny, and confined three months)—I was present at the trial—he is the person.
WILLIAM WESTLAKE (policeman.) I produce a certificate from this Court of Wynne's conviction—(read—Convicted, on 19th Aug., 1844, of larceny from the person confined nine months)—I was present at the trial—Wynne is the party then found guilty.
WYNNE— GUILTY . Aged 27.
SMITH— GUILTY . Aged 26.
Transported for Ten Years.
BAKER GUILTY . Aged 20.— Confined Six Months.
SOPHIA MATTHEWS . I am the wife of James Matthews, and live at No. 94, White Lion-street, Pentonville, in the parish of St. James, Clerkenwell; it is our dwelling-house; we rent the house, and live in it; we let lodgings; the prisoner lodged in the house. On Wednesday I remember counting thirty sovereigns in the prisoner's presence, in my own room—when I had counted them I put them into a purse, and put them into a little box, which I locked and sent up stairs by my daughter, who is eleven years old—she is not here—I saw it that same night on the table where it always stood—the prisoner slept in that room with the little girl,
myself, and another daughter—it was my money—I did not miss the box till the Tuesday after, between five and six o'clock in the evening—I had not unlocked it or seen the sovereigns in it from the Wednesday—I always kept the key of it, and had it on the Tuesday in my pocket—the key was not in the lock when I sent the box up by my little girl—I mentioned my loss directly—the prisoner heard me say, "Where is my little box gone?" and she searched and said, "Where can it be, where can it be?"—she seemed confused—she was given in charge next day—she was seven weeks in the house—she has borrowed 1s. and 18d. of me two or three different times—I have never seen the box since—I do not recollect much about seeing it between the Wednesday and Tuesday.
Prisoner. She did not put the money in the box in my presence; her son counted the money on the bed in his room, and she put it in a bead purse which I gave her, and put it into her pocket; she showed the purse two or three days afterwards. Witness. She sat in front of me at the time I counted it—nobody but herself and me knew where it was.
WILLIAM SAMUEL MATTHEWS . I live with my father and mother. I gave my mother the thirty sovereigns—they were her property—I can identify one of them—(looking at some produced by Heath)—I know this sovereign; I can swear to it by a piece of dirt being in the letter R—it was one of the thirty—I wrote a letter for the prisoner, by her wish, I think, on the Monday—it was before the sovereigns were missed—this is the letter—I wrote it by her dictation, and gave it to her.
Prisoner. The letter was written on the Monday, as I was taken on Wednesday—about a fortnight before, I missed the keys of my boxes for some time, and you said you knew what I had in my box, and I found it unlocked one day, when I am certain I had locked it. Witness. I did say so, but it was jokingly—we were both joking—your sweetheart had your keys—I did not say I had a key that would unlock your box.
CHRISTIANA HEATH . I am the wife of Charles Heath, who was a police-constable, but has resigned—I am employed to search females brought to the station—the prisoner was brought there—I searched her, and found twenty-two sovereigns, 17s. 6d., in silver, and 2d., in halfpence, in her body linen, under her clothes—she begged me two or three times not to say anything about it—I gave them to the constable.
CHARLES WRIGHT (policeman.) I received the prisoner in custody—she was searched by Mrs. Heath, who delivered to me twenty-two sovereigns, and 17s. 6d. in silver, which I have produced—the prosecutor's son said there was one sovereign he could swear to—the one he has seen to-day was one of those given to me by Mrs. Heath.
(The letter, being ready was addressed to the prisoner's aunt, requesting her to send her some money and clothes, as she was in very great trouble.)
Prisoner's Defence. She did not put the money away in my presence; she carried the purse in her pocket a day or two after, and showed it to a lodger, Mrs. Potts, that night; I never took the box, and never saw the money; I sent for money, on account of wanting a situation, but I was never without money; I had thirty-six sovereigns when I came to London, md have been in good situations eleven years.
GUILTY . Aged 20.
THOMAS MORRIS HARVEY . I am shopman to Mr. Smith, a pawnbroker, in Clark's-place, Islington. I produce a shawl, pawned on the 10th of May, I do not know by whom—the duplicate I gave is among those produced.
JANE MATHEWS . I am the wife of James Matthews. This shawl is mine—I left it at home, and it was pawned while I was in the country—I these books were in the house when I left—one belongs to my husband, one to my son, and one to my daughter.
Prisoner's Defence. I did not pawn them; at the time the shawl was pledged she kept a bad woman in the house.
GUILTY . Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner.)
1354. JAMES CANLEY was indicted for stealing, on the 18th of June, 1lb. weight of copper, value 8d.; and 9lbs. weight of lead, 1s. 6d.; the goods of Thomas Maudesley, in a vessel in a port of entry and discharge; to which he pleaded
GUILTY . Aged 49.
The prisoner received a good character, and was recommended to mercy.
Confined One Month.
1355. HENRY WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of Robert Glazier, on the night of the 16th of June, at St. Marylebone, with intent to steal and stealing therein, 10 cigar-cases, value 3s.; 3 books, 3s.; 2 handkerchiefs, 2s.; 4 oz. weight of tobacco, 1s., 1 tobacco-box, 3d.; and 18 duplicates, 2d.; his property.
ROBERT GLAZIER . I am a tobacconist, and occupy a shop and parlour at No. 39, Well-street, in the parish of St. Marylebone. It is let out in different tenements—I sleep on the premises—there is an outer door, which is left open for all to go in at—the landlord does not live in the house—I have a key to my apartments, and live in them separately—on the 16th of June, between twelve and one o'clock in the morning, I returned home, having been out, and observed my parlour window shutter open—I am quite certain it was shut quite close when I went out at eleven o'clock—I am not certain that it was secured—I looked in at the window, and saw the prisoner behind the counter—he had turned on the gas, and I had a full view of him—I shut down the window and the shutter, and called out "Police"—I ran out into the road, and met one—he ran round the court while I returned to the front—the door was shut, but not fastened—it was too—I saw the prisoner going across the road—I followed him, and caught hold of him—he knocked me down, and caused a wound over my eye—I got up again, and ran after him—a mob assembled round me,
and held me—I got away from them, and pursued him till he was stopped by James—he was taken back to my shop, searched, and the articles stated found on him—I know them all to be my property.
WILLIAM JAMES (policeman.) I was on duty in Upper Marylebone-street, between one and two o'clock, on the morning in question—I heard a cry of "Stop thief," and "Police," and saw the prisoner running—I stopped him, and took him back to the shop—I asked him what brought him into the house—he said, "I am a friend of his, and I very often go there"—I found these articles on him.
Prisoner. Q. Have I not been in the habit of coming to your house for seven or eight weeks? A. You may have been, but you cannot term yourself a friend of mine, I should say.
Prisoner. I had no intention of taking the things; I only did it to frighten him; they were of no value to me; I have pawned things for him two or three times. Witness. He did once, not more.
GUILTY . Aged 18.— Transported for Ten Years.
NEW COURT.—Saturday, June 21st, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Transported for Seven Years.
1357. JOHN WADE was indicted for stealing 1 basket, value 10s.; 1 cloth, 6d.; and 21lbs. weight of butter, 1l. 3s.; the goods of Benjamin Hooker; and that he had been before convicted of felony; to which he pleaded
GUILTY .— Transported for Seven Years.
DANIEL PERCIVAL . I am a boot and shoemaker, in Birchin-lane. About the 22nd of May, Mr. William Henry Dickinson called on me, to ask me to take charge of a bill for 26l. 8s. 6d., which had been dishonoured, and to take the money if the person called—the prisoner afterwards called, aboat six o'clock, and asked if I had a bill of 26l. odd—he did not say whose bill—he had some notes in his hand, and said, "I will pay the money"—I went to a little drawer, where I had put the bill, and got it out—the prisoner was preparing the notes, I thought—he said, "26l. how much?"—I said, "26l. 8s. 6d. when he snatched the bill out of my hand—I, by a bit of good fortune, seized the hand which had the bill, and called my neighbour, who detained the prisoner till the policeman came.
Cross-examined by MR. BALLANTINE. Q. He called the policeman himself, did he not? A. No—the policeman came up—called for the
police first—I said, "This man is robbing me"—I still kept his hand, and, he being stronger than I, we got out into the court—he kept hold of the bill, and said he would keep it—he said so in presence of the mob and the policeman—he did not lay claim to the bill—he said he had been robbed of it—he asked me whether I had given any consideration for it.
WILLIAM HENRY DICKINSON . I am a wine-merchant. I left this bill with Mr. Percival—it was brought to me some time after the drawing for discount, by a person of the name of Levins, to whom I gave 24l. for it—I left it with Mr. Percival, as I had no clerk, and, having given notice to the drawer and acceptor, I thought they might call on me when no one was in the way—I knew it would he safe with Mr. Percival.
Cross-examined. Q. Who is Mr. Levins? A. I believe principally an agent for discounting bills—I made inquiry about this bill—the prisoner defied me to say that I made inquiry of him; but I went to the house, knocked at the door, and a person came and said whom did I want—I said, "James Scott"—he said his name was Scott—The prisoner offered me the money for the bill in the Lord Mayor's Court—I am a wine-merchant, and, live at No. 65, Old Broad-street—I have no warehouse there—my name is not on the door—what little wines I have are in the Docks—I showed wine warrants to the amount of 8l., but I do not know that that was all I have—I trust I hold the respectable station of a tradesman in London—the amount of my stock is perhaps about 8l. 17s.,—I have been known in the City for twenty years—I know no more of Mr. Levins than as agent for the discounting of bills—I have certainly known him these two years—I have not been the medium through which he has discounted—I do not know whether I have done any for him—I think I have—I have perhaps discounted 400 or 500 in a year on agency, not what are called accommodation bills—I had nothing to do with the meeting of this bill—I did not put my name on it—I did not pass it—Levins lives in Amelia-street, Walworth—I saw him yesterday, and asked him to be here—I did not serve him with a subpœna—it was four o'clock in the afternoon when I saw him.
JOHN WHITE (City police-constable, No. 667.) I was called on that occasion—I saw Mr. Percival have hold of the prisoner's hand by the cuff of his coat—the prisoner did not say anything then—he said afterwards, "Let me go, I will give you the bill."
Cross-examined. Q. Did he not tell you to hold the bill? A. He did—he said he had been robbed of the bill—he said he would not give it up to Dickinson, bnt he had no objection to give it to me.
NOT GUILTY .
1359. WILLIAM SULLIVAN was indicted for stealing 2 shawls, value 3l., the goods of Phillipe Joseph Delfosse; and JOSEPH RAFFAELLI , for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which
SULLIVAN pleaded GUILTY . Aged 13.— Transported for Seven Years.
ADELI DELFOSSE (by an interpreter.) I am the wife of Pbillipe Joseph Delfosse. These are my shawls—I lived in the house with Sullivan's mother—Raffaelli had no business in the house—I never saw him till he was before the Magistrate—I saw my shawls safe on the 22nd of May—I did not see them afterwards.
Raffaelli. I pawned them, but I did not know they were stolen; alter I found they were stolen I went to the pawnbroker's and stopped them.
Witness. He came to me, with Sullivan's mother, and said he did not know they were stolen, but he had them of the little boy, who had no food to eat.
Sullivan. Sometimes my mother would not give me anything to eat.
----(police-constable E 25.) His mother can do nothing with him—he has robbed his home of almost everything he can lay his hands on—he has robbed the lodgers in the house.
RAFFAELLI— NOT GUILTY .
GUILTY of a Common Assault. Aged 32.— Confined Two Months.
(The prisoner received a good character.)
HENRY LAMB . Iam a jeweller, and live in Peascod-street, Windosor. Between eight and nine o'clock at night, on the 2nd of June, I was coming on shore at London from the Emerald steamer—I proceeded towards London-bridge—I felt a pressure, as ifsomething was being drawn from my side—I saw the prisoner close by my side—I felt, and missed my watch from my waistcoat-pocket—I turned and said, "You have robbed me, you have stolen my watch"—I called him—he denied it, and at the same time dropped it—I saw his hand go down—I did not see it fall from him; I saw it fall at his feet.
Cross-examined by MR. O'BRIEN. Q. There was a great crowd? A. Yes, there was a great pressure in front of me—I did not wear a guard—I saw nothing in his hand—another party, who was about two feet behind, picked it up—there were other persons in company with me, but they were before me—the prisoner denied having the watch.
NOT GUILTY .
JOANNA SIMPKIN . I live with my father, Joseph Simpkin; the prisoner was our servant. About the 13th of Feb. last I lost a brooch and a waist-buckle—these are them—they were my sister's who is dead, and they belong to my father—I can swear to them.
Cross-examined by MR. BODKIN. Q. The prisoner had been about a year in your service? A. Yes—we had a good character with her—she gave us a month's warning, and left when that expired, on the 13th of Feb.—we wished her to stay longer—I saw nothing of these things till the 2nd of June—I cannot tell how long before she left I had seen them safe—my
sister has been dead five years—I had seen them several times after her death.
JOANNA SIMPKIN . I am the wife of Joseph Simpkin. I had seen this brooch in the drawer a month or six weeks previous to the prisoner leaving—I did not miss this buckle at all—the brooch was taken from the drawer of the wardrobe in my bed-room.
HENRY MOUNT (police-constable T 29.) I searched the prisoner's boxes at No. 4, Little Park-street—she pointed the boxes out—I found a number of articles in them, and amongst them this brooch and buckle.
Cross-examined. Q. Did you take the prisoner into custody? A. Yes—I found her at No. 18, Duke-street, Gloucester-place—I believe it is a place where females do needlework—she told me where she lodged, and went with me.
Q. Did you tell her you wished to search, but had no authority to do it? A. That was about her sister's boxes, which were in the room—the prisoner pointed out the boxes which she said were hers—I believe I searched four or five—I did not search seven wooden boxes—there were band-boxes—I did not look at them, only she tock the lids off to show they contained nothing but a bonnet—she did not say, on the searching, "I know nothing of the brooch, the buckle is mine"—she said so at the police-office—to the best of my recollection I did not hear her mention that in her sister's presence—her sister said I was at liberty to search her boxes—the prisoner was discharged at the Police-court on her own recognizance to appear on a future day, which she did, and was admitted to bail—her sister said she came there for the purpose of proving the brooch was hers—I did not tell her to hold her tongue.
1363. JOHN TAYLOR was indicted for stealing 3 1/2 pairs of leather fronts for boots, value 9s. 6d., the goods of John Henry Burlingson, his master; and MICHAEL CRAWLEY , for feloniously receiving the same, well knowing them to have been stolen.
MR. HUDDLESTON conducted the Prosecution.
JOHN HENRY BURLINGSON . I am a bootmaker; Taylor was in my employ between two and three years. On the 15th of May I took stock, and found there was a deficiency from Christmas till then of about 300 pairs of boot-fronts—I then counted them from day to day—on the 19th of May I counted the contents of three drawers when Taylor went to dinner—he returned at half-past one o'clock, and was left in the shop alone while I went to dinner—directly I returned he asked me to let him go out for about twenty minutes—directly he turned his back I counted and missed three pairs and a half of boot-fronts—I got an officer, and took Taylor—he said he had sold the whole to Crawley; he had sold three pairs and a half of fronts, and three pairs of boot-fronts, for 9s. 6d.—I went to Crawley's, in Monmouth-street, directly, and found him in his shop—I said, "We are come for those fronts and half-fronts which you bought of Taylor for 9s. 6d."—he said he did not know Taylor—I said, "It is no use denying it, we know all about it"—we said they were in the drawers in the parlour—he did not deny it, but went into the parlour, took a key out of his pocket, and unlocked the drawers—at the top of one of the drawers we found
three pairs and a half of boot-fronts, and three pairs of boot-fronts, together—the three pairs and a half of boot-fronts were those I had missed within an hour from my shop—there was other leather in the drawer, which was all of one kind—it was all calf leather, and I recognised it was mine by the quality—he said he had given 9s. 6d. for those he produced first—they are worth something more than 23s.—he was asked if he had any more leather on his premises—he said no—we searched a cupboard, and found other leather—I gave him into custody—before he went from home he said he regretted having bought leather of Taylor, but he thought he brought it from his father's—Taylor's father is a grinder and leather-seller.
(Taylor received a good character.)
TAYLOR— GUILTY . Aged 26.— Confined Six Months.
CRAWLEY— NOT GUILTY .
MR. HORRY conducted the Prosecution.
JOHN COZENS . I am a yeoman, and live at Charmouth, in Dorsetshire. I know the prisoner, and was present at his marriage at Lyme Regis, to Susan Hore—I produce a certificate of the marriage, which I examined at the clerk's house—it is correct—I knew the prisoner before his marriage by the name of Thomas Powell—(read—married 15th June, 1880)—the prisoner is the person here named—I saw Susan Hore alive this morning.
Cross-examined by MR. DOANE. Q. Did you see this certificate copied? A. No—I examined both this and the book—I had seen Susan Hore before her marriage, and I was acquainted with the prisoner—I never heard but that he lived comfortably with his first wife—I do not know whether he had any children—she made no complaint against him to me.
ANN WINDYBANK . I was servant to Mr. Williams, of Harley-street, Tavistock-square. I first knew the prisoner about the beginning of February—he represented himself as a guard of the London and Birmingham Railway Company—he said his salary was 2l. a week—I was married to him on the 1st of May, at All Saints Church, Paddington, in the name of James Smith—we went to live at No. 7, Chapel-street, Pentonville, and lived together four weeks—he then pawned my clothes and left me.
Cross-examined. Q. Did you not get introduced to his friends? A. No—he said he had not any in London, they were all in the country—I had not been told that he was married—I was not met one day, when in company with him, by Mrs. Gall, who told me that he bad got a wife—I do not know Mrs. Gall.
Q. Were you not told one day by a woman, that he had a wife, and she would tell his wife, and you said you liked him all the better? A. No, sir—he slept away one night, and told me he was going into the country for a situation—I swear I never heard from any one, either man or woman, that he was a married man, till I took these steps to prosecute him—I have been in service ever since I was ten years old—I never had a child—I swear that solemnly—I never saw Mrs. Gall before—(looking at her)—I swear she did not tell me she would acquaint the prisoner's wife—no woman ever told me that he was married.
of his former wife, which is within the jurisdiction of this Court—I told him what he was charged with—he said he defied us to prove it—he gave the name of Thomas Powell Smith at the station—I produce the certificate of the last marriage.
Cross-examined. Q. Did you examine it with the original at the church? A. I did—I will swear it is correct—(read—the prisoner was described as a bachelor.)
GUILTY . Aged 45.— Transported for Seven Years.
RICHARD WELLS . I keep the Rose and Crown public-bouse, in Church-street, Newington. The prisoner was my pot-boy—if he received money it was his duty to pay it me directly—if he received 1s. 10 1/2d. on the 14th of May, he has not paid it me, nor 8d. on the 20th of May, nor 4d. on the 22nd.
Cross-examined by MR. DOANE. Q. He had been twelve months with you? A. Yes—some labourers had beer of him—I told him if he could not get the money to tell me, and I would see to it—I believe pot-boys do give credit, but it is not the custom with me—the prisoner's friends came to me, and offered me 2l. out of about 18l.
(The prisoner received a good character.)
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. Confined Three Months.
JOHN RICHARDS . I am boatswain of the ship Templar, which was in Wapping Basin. On the 26th of May I saw the prisoner on board—he lifted up a parcel and put it in his breast—I came immediately aft, and he went on the starboard side and dropped it—I picked it up—it was copper, and belongs to William Ebbings Brown—I am sure I saw the prisoner put it about his person, and as I came aft he went on the other side of the pump well—he put it in his jacket and buttoned it up, and it fell down in front—he had not anything to do with the copper.
Cross-examined by MR. BALDWIN. Q. He had not got off the vessel? A. No, he was going down into the lower hold as I came up—he was employed about the ballast, but whether about our ship I cannot tell—the copper was lying on the steerage hatch—the carpenter had just tied it up.
NOT GUILTY .
1367. WILLIAM MURDOCK was indicted for stealing 200 brass union joints, value 5l.; 40 brass cocks, 2l.; 400 iron sockets, 1l. 10s.; 200 pieces of screwed barrel, 5l.; 1 gross of iron washers, 2s.; 100lbs. weight of lead, 8s.; 100lbs. weight of solder, 10s.; and 20 iron keys, 2s.; the goods of the Gas Light and Coke Company, his masters; to which he pleaded
GUILTY . Aged 45.— Confined One Year.
WILLIAM WATTS . I am landlord of the Golden Lion, at Fulham. The prisoner was my pot-boy. On the 9th of June, on coming down stairs in the morning, I missed some halfpence from the till—I searched the hay-loft—I found a lot of coppers done up in a large piece of paper, with some tobacco—I took them into the bar—the prisoner came in soon after and I called a policeman—I then took the coppers into the tap-room, and asked the prisoner if he knew anything about them—he said, "No"—there was a little tract amongst them—I said, "We will look at this book"—the prisoner then said, "That is mine"—he snatched it out of my hand, and I gave him in charge.
Cross-examined by MR. HORRY. Q. He was in your service before? A. Yes, he was away about two years and then came back—he bad been with me about seven weeks this time—I did not get him back from the service he was in—he came and asked me for the place—I do not keep a night house—there have been no complaints of my house.
(The prisoner received a good character.)
GUILTY. Aged 17.—Recommended to mercy. — Confined Three Months.
1369. HENRY JOLLY was indicted for stealing 2 1/2 yards of fustian, value 6s.; 2 yards of beaver, 1l. 4s.; 1 yard of woollen-cloth, 14s. 6d.; 2 yards of kerseymere, 16s.; 10 yards of alpaca, 1l. 5s.; 2 yards of silk serge, 5s.; 2 yards of gambroon, 5s.; 1 1/4 yard of drill, 3s.; 48 buttons, 5s.; 1/2 yard of velvet, 10s.; 6 yards of holland, 4s.; 1 saw, 1s.; the 24 pieces of printed paper, 6d.; 6 quires of writing-paper, 3s.; and 24 envelopes, 1s.; the goods of John Newling, his master: and WILLIAM JOLLY , MARY ANN JOLLY , and PHEBE JOLLY , for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c.
HENRY JOLLY pleaded GUILTY . Aged 16.— Confined Twelve Months.
JOHN NEWLING . I am a tailor, and live in the Commercial-road—Henry Jolly was in my employ for several months, and I discharged him—I got an officer, and went to William Jolly's house, where all the prisoners live—I saw Phebe who is Henry's mother, and Mary Ann Jolly, who is his sister—I asked if Henry was at home? his mother said he was not—I asked if I could see his new great coat which he had, and which was made out of two yards of cloth—his mother said it was in his own box, which was locked—his sister went up stairs—I saw her break open his box, and there we found the great coat, which was made of the two yards of cloth which he stole from me—in his box we found, belonging to me, three
short lengths of black silk velvet—we then examined a box, which the mother said was the box of Mary Ann Jolly, who was I believe gone at that time to fetch her father, William Jolly—in that box, which I think was not locked, we found a laventine scarf, two duplicates, and some few buttons—while the daughter was gone to fetch the father, we opened a small box, in which the father kept his private papers—(he stated that it was his)—and in that we found two dozen of my bill-heads—a chest was then opened, which contained the father's and mother's clothes, and in it we found a dress made of Alpaca cloth, which I had lost a considerable deal more than ten yards of, and also a pair of trowsers, made of stuff which I have a piece of here—while we were thus looking, William Jolly, the father, came in, and he solemnly declared that no person was allowed to touch his box in which the bill-heads had been found—that box was not locked—we found a small handsaw of mine under the stairs below, and a small telescope, which was in the looking-glass drawer, in the lower room—I do not know who slept in that room—we found a number of small things belonging to me in various parts of the house—I found my property in almost every cupboard and drawer and box that we opened—I think the whole amount of my loss is 50l. or 60l.—I think William Jolly is a flax-dresser—Mary Ann Jolly, I believe, makes slop waistcoats, or is a dressmaker—she said her brother had made her a present of this laventine dress—this is the dress—there is about four yards of what we call laventine silk in it—I believe she has only worn it about one sabbath—I have examined this, and the whole of the things—I believe they are all mine.
Cross-examined by MR. BALDWIN. Q. What means have you of judging of this silk dress or scarf? A. I have lost some, and I have brought a pattern from mine which exactly matches it—Henry has been with me several months—I have given him two suits of clothes—I think the last was about a month before I discovered this—I know he said that my son Tudor promised him a great coat, but I questioned my son about it, and he was astonished at it.
THOMAS COBLEY (police-constable K 65.) I went to the prisoner's house, proceeded up stairs, and found a box of Henry Jolly's—the next box to that was one which the daughter said was hers, and the mother said so also—in that I found this scarf, and some satin for a bonnet, in the same box, and four duplicates—one of them is for a gown—in a box which the father and mother said was theirs, I found this Alpaca dress—in the small box containing writings, which was the father's, I found these bills—I looked in different cupboards, and other places down stairs, and found a number of articles, whieh I produce—I asked the father how he accounted for these articles being in his house—he said he knew nothing about them—he said he had seen the bill-heads in his box, and had spoken to his son about them, and he said they were no consequence—I asked Mary Ann Jolly how she accounted for these things being in pawn—she said they were gowns belonging to her, that some of them had been given to her—but she did not say by whom, and some were purchased—I asked how she accounted for the scarf, she said it was given her by her brother, who told her he had purchased it cheap—I asked how she accounted for the possession of the silk for the bonnet, she said it was part of the silk that the scarf was made of—I asked her mother how she came by the Alpaca dress, she said she had purchased it for mourning.
MR. BALDWIN to JOHN NEWLING. Q. Are there any means by which you can tell that this Alpaca dress was ever your property? A. I believe it is, and I have a piece to match it—there has been a large quantity of it made lately, but they are not of like shades—the one I have is of a shade like this dress—I missed ten yards out of my shop off a new piece, which had not been in the house above three weeks—it was similar to this, and this perfectly matches with the bit I produce as a sample—I bought it of a draper—there is no reason to believe he had not plenty more of it.
WILLIAM HACKET SHAW (police sergeant K 2.) I took Henry Jolly into custody—I was present when the prisoner's house was searched, and Mary Ann Jolly was taken—I found a number of buttons in a drawer of the dressing-case, which Henry Jolly had the key of, and two duplicates—one was of a gown which Phœbe Jolly said was her own gown—it was not shown to her—she only said it from the description.
Cross-examined. Q. Is there not much gambroon? A. Yes—it is about half a crown a yard—I will swear this brown gown was mine—here is a bit I cut off my piece—it is called brown figured Verona—it is from 15d. to 18d. a yard—it is lined with what we line waistcoats with.
WILLIAM JOLLY— NOT GUILTY .
MARY ANN JOLLY— GUILTY. Aged 18.—Recommended to mercy. — Confined Six Months.
PHOEBE JOLLY— GUILTY . Aged 49.— Transported for Ten Years.
(There were three other indictments against Henry Jolly, one against Phoebe, and one against Mary Ann Jolly, for robbing the prosecutor, who stated his loss at 50l. or 60l.)
GUILTY. Aged 34.—Recommended to mercy. — Confined Three Months.
WILLIAM FEARN . I keep the White Lion beer-shop, White Lion-street, Pentonville; the prisoner lodged there. I was told of something, and missed from his room a bed, two blankets, and a counterpane—they are here—I can positively sweat to them.
Cross-examined by MR. PAYNE. Q. How long had he lodged with you? A. From the 14th of May—his father and mother lodged there from Oct.—I missed these things on Monday, the 19th of May, about half-past eight o'clock.
Cross-examined. Q. Are you sure it was him? A. Yes—I had seen him before.
THOMAS TYLER (police-constable N 275.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted on the 27th of Feb., 1843, and confined two months)—the prisoner is the person.
GUILTY .— Aged 20.— Transported for Seven Years.
JOHN BATEMAN . I live in Leather-lane—the prisoner was in my service. On the 7th of June Mills gave me information, and I found I had lost some money—I sent for the prisoner into the parlour—I told him he was accused of robbing me, of putting the money into his mouth, and then into his side pocket—I called Mills in, and sent for the policeman—the prisoner went down on his knees, said it was the first money he took, and begged I would forgive him—I said I would not, and I gave him in charge—he said he had got a little money, and he took out eight shillings.
Cross-examined by MR. PARRY. Q. You are a cheesemonger? A. Yes—this happened at twelve o'clock on Saturday night—my shop is at the corner of Baldwin's-gardens—Mrs. Bateman serves in the shop, but no man besides the prisoner—I went in and out—the lad Mills was outside the shop—the shop is not particularly crowded—the prisoner did not say, "This is the first time I have been charged with taking money"—I have two tills to one counter, and one to the other—the cheese side is the further side from Baldwin's-gardens.
Cross-examined. Q. This was on the bacon side, was it not? A. No, on the butter and cheese side—I was outside—it is a regular market—it was middlingly busy that night—Mrs. Bateman was on the butter side looking out of the window when I saw the prisoner do this—each time I saw him do it she was turning her back to him—there was one customer on the butter side where he was, and three or four on the other side—I saw the prisoner serve the cheese—the lady paid him, and went out—he took the shilling, and put it into the till, and then took it out, put it in his mouth, and then into his side-pocket—I have lived with my master about two months, and I lived with him before—he never charged me with being dishonest or robbing the till—I was turned away on account of his suspecting me, but there was no witness to prove it—he did not discharge me—I went of my own accord—the prisoner and I are not on the most friendly terms.
Q. How long have you had a strong animosity against him? A. About a week before this occurred—I have continued it ever since—I was never discharged from any other situation—I worked in Red-lion-street for a year and eight months before I went to Mr. Bateman.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy. — Confined Three Months.
GUILTY.—Recommended to mercy. — Confined Three Months.
SOPHIA EMMERSON . I am wife of Samuel Emmerson. The prisoner was our servant—I lost these articles—the shirts belonged to a lodger, but I had the care of them, and have to make them good—the other things are mine.
Prisoner. I own to pawning the shirts; I told her the property was pawned, and she promised to forgive me.
SOPHIA EMMERSON re-examined. She embezzled some money which I promised to forgive her for, but not for this—she told me the night before she left that she had pawned the things, but she did not say where.
GUILTY . Aged 33.— Confined Two Months.
1375. THOMAS GEORGE KETTLE was indicted for stealing 1 pane, value 1s.; 1 metal top of a shaving-glass, 1s.; 3 half-crowns, 14 shillings, 4 sixpences, and 1 groat; the property of William Ottway, his master.
MARY HOWE . I am the wife of Robert Howe. On Saturday morning, the 6th of June, the prisoner brought me a parcel to take care of till a young man named Hutchings called for it—I did not open it—my husband said to the prisoner, "What is this?" and he said "Money."
Cross-examined by MR. HORRY. Q. How long have you known him? A. Not a great while—he never lent us money—he once brought 2s. which were to be left at my place—I never made use of them—he called again for them in about two hours—he never left money with me before.
WILLIAM OTTWAY . The prisoner was in my service—on the evening of the 6th of June I went to my bed-room, and missed 1l. 3s. 10d.—I suspected the prisoner—I went up stairs to his bed-room, looked in his box, and found 7s.—the next morning I asked if he had paid his tailor, whom he had agreed to pay his week's wages to every week—he said, no, he could not pay it without money—I said, "Have you got no money?"—he said, "No"—I said, "I think you have"—he said, "I have got 3s. up stairs in my box"—I said, "Have you not got more"—he said, "I think there is 4s. or 5s.; you have been looking into my box; I thought somebody had been there"—I said, "Yes, I have"—he went up stairs and brought down 6s.—(there were 7s. there the night before)—his mother and I went to Howe's—she gave me 17s. 10s., which, with the 6s., the prisoner gave me, tallied with what I had lost,.
Cross-examined. Q. I believe you have got all the money? A. The policeman has it—the prisoner lived with me eighteen months before—up to this time I had no reason to be dissatisfied with him.
Cross-examined. Q. Did he say anything? A. He told the inspector that Howe had brought him into all this trouble, that he had induced him to rob a good and a kind master—he appeared in a great deal of trouble.
GUILTY . Aged 19.— Confined Three Months.
THIRD COURT.—Monday, June 23rd, 1845.
Before Edward Bullock, Esq.
GUILTY on 2nd Count. Aged 38.— Confined Four Months.
NOT GUILTY .
The prosecutor not appearing, the prisoner was
WILLIAM URIDGE . I am in the employ of Horatio Wilson Scott and Mr. Wright, man's mercers, in Glasshouse-street, in the parish of St. James, Westminster. It is the dwelling-house of Mr. Scott—he lives in it, and no one else—on Friday, the 6th of June, about a quarter to eight o'clock in the morning, I took down the shutters and cleaned the shop out—I afterwards shut the door, and went to the back part of the shop—Judd came in in about a minute and a half, and told me something, in consequence of which I looked in the front part of the shop, and missed a brown paper parcel, containing three pieces of velvet, worth about 18l.—I had seen it safe in the shop after I shut the door.
GEORGE JUDD . I am servant to Mr. Cox, of Glasshouse-street. On the morning of the 6th of June, about eight o'clock, I was standing in front of the shop which is next door to Mr. Scott's, and saw the prisoner come by Mr. Scott's and walk by our house—I was looking at him—he turned back, and went right into Mr. Scott's shop—the door was shut—he opened it—he had nothing with him when he went in—I saw him come out again in about a minute and a half, with a brown paper parcel in his hand, and go down Vine-street—I followed him—after he had got a little way he looked round, saw me looking, and ran away with the parcel in his hand—I lost sight of him—I gave information to Uridge.
Cross-examined by MR. O'BRIEN. Q. Had you ever seen the prisoner before? A. I had, several times—I do not think I have ever seen any one extremely like him about town.
THOMAS ARCHER . I am in the employ of Messrs. Clark and Collins, of Glasshouse-street. On Friday morning, the 6th of June, I saw the prisoner, about a quarter before eight o'clock, in Glasshouse-street—I knew him before—I spoke to him, and said, "Good morning, Franklin; what makes you out so early?"—he did not say anything—he had nothing with him then—I saw him again, in about two or three minutes afterwards—he then had a brown paper parcel with him.
Cross-examined. Q. Do you know a young man extremely like him? A. Yes—I should know him from the prisoner—I have not seen him lately—I am sure it was the prisoner I saw that morning—he was in Glass-house-street when I saw him with the parcel—I took no particular notice of the parcel.
COURT. Q. Are you able to swear he is the man? A. Yes.
Cross-examined. Q. Do you know a person about town extremely like the prisoner? A. Yes—I do not know that he has been taken up three or four times instead of that person—I know the prisoner has been tried and acquitted at Clerkenwell—he was taken to the police-office on one occasion for that person—I have not seen the other party lately—I know he is the prisoner's brother—the likeness is very great, but there is a great deal of difference—I could tell one from the other decidedly—I should say, whoever had seen them once could distinguish one from the other—I gave evidence at the trial at Clerkenwell, when the brother was placed under the dock, and a man refused to prove the identity from the extreme likeness.
GUILTY* of larceny only. Aged 17.— Transported for Seven Years.
MR. DOANE conducted the Prosecution. GEORGE HURRELL. I am a gentleman, residing on my property, at Dalston-terrace. I have known the prisoner three or four years, keeping a milk-shop, in Chapel-street, Lamb's Conduit-street—I always considered her a respectable woman—on Monday, the 5th of May, I had occasion to pay 1l. to her for rent, for a poor woman, which I have paid for years—I left my house early that morning, and was driven by my groom, Gibson—I went Old-street way—it was between eleven and twelve o'clock when I arrived at the prisoner's shop, I should say nearer half-past eleven—I found her in the shop, behind the counter, with her daughter—I took a bundle of money out of my pocket, one 10l. and two 5l. Bank of England notes, and ten sovereigns wrapped in them—it was wrapped up very small—I had put that in my pocket that morning before I started, intending to pay it into the London Joint Stock Bank. I placed it on the counter, between myself and a milk-can, about four inches from the edge of the counter on my side—the counter is about two or three feet broad—a person on the other side of the counter could not see it—I took one of the sovereigns partially out, but recollecting that that money was counted for the Joint Stock Bank, I would not pay it out of that, and I replaced the sovereign, but did not particularly wrap up the notes—I did not refold them so tightly as before—I then took out my purse, and was going to pay in silver, but finding I had not silver enough I paid it in two half-sovereigns—I had a number of half-sovereigns in my purse—she gave me a receipt—some conversation occurred about some losses I had had lately, and my not paying the poor woman's rent any longer, I then said, "Mrs. Davies, since I was here I have lost the sight of one eye," (which was the case, and that might have caused me not to observe this parcel)—she commiserated me about it
—I remained there about ten minutes—I then drove off, and called in Charlotte-street, Bedford-square—I paid no money there—I then stopped in Fleet-street, at the office of the Anti-Corn-law League, to see Mr. James—he was not at home—I had no occasion to put my hand in my pocket there—I went from there straight to the London Joint Stock Bank, and found that the 30l. was gone—I told my groom to drive back directly to Mrs. Davies'—I recollected at that time that I had left the money there, and could swear to the spot at which I left it, because when I got back I found the milk-can was moved a few inches from the spot—when I was at the Joint Stock Bank it was as near half-past twelve o'clock as possible—that is in Prince's-street, by the side of the Bank of England—we travelled very fast back to Mrs. Davies, and got there within ten minutes—I dare say I was there about a quarter to one o'clock—I saw the prisoner and her daughter—I said, "Mrs. Davies, I have left my money on your counter" (I did not say how much then) "I left it in this spot, I can take my oath I left it here"—she said, "I have not seen it"—I pointed out the spot, and said, "Who has been in since I left, if you have not seen it?"—she said, "No one, but a woman for some milk, and two boys for a halfpenny worth of milk"—she said she knew the woman, but did not know where she lived—Miss Davies, I think, then asked me in the prisoner's presence what the amount was—I said 30l., it is in one 10l. note, two 5l. notes, and ten sovereigns—I believed what the prisoner said at that time, and thought somebody else must have taken it—I said "This woman must be found; if you have not seen it, she must"—I went the same night with a paper offering 5l. reward for it—I think I saw both the prisoner and her daughter—I gave the paper to Miss Davies—I then got bills printed offering 10l. reward—this is one of them—I took that on the Wednesday—I showed it to Miss Davies in the prisoner's presence, and she said she would put it in the window—I gave one at most houses in the neighbourhood—I went to make inquiry every day—I inquired about the woman that had come for the milk, and I think the prisoner told me she had seen the woman, and she had not seen any money—I afterwards communicated with Sergeant Brannan, and in consequence of information, accompanied him to the prisoner's house on the Thursday night—Brannan and Tate went into the shop first—the witness Wells was called in next, and then I was called in—the prisoner denied having seen the money.
Cross-examined by MR. ROBINSON. Q. I believe the person whose rent you paid was your sister? A. Sister-in-law—the money was near the edge of the counter, on my side, and the can stood next—when I went again the can had been moved to the right about a foot, and in the place stood an article of some sort with eggs in it—it was half-past eleven when I arrived there first—I have said it was between eleven and twelve, but I thought nearer twelve than eleven—I am not aware that I have stated it was at twelve at noon—I stopped a very few minutes in Charlotte-street, Bedford-square—it was not on my own business—this 30l. was my own—I hardly stopped a minute at the Anti-Corn-law League—my carriage was a pony phaeton—I took out this bundle of money, intending to pay the 1l. from that, but then I thought it would make a confusion, and I would pay it out of my purse—they were both in the same pocket—my sight being bad, I did not like to confuse the money—this is one of the bills I had printed—(this offered 10l. reward for the money, which was supposed to have been left on the counter of a shop in Lamb's Conduit-street.)
MR. DOANE. Q. When you went back, and noticed the milk-can moved, you observed some eggs there; whereabouts were they? A. Near the middle of the counter.
MR. ROBINSON. Q. Have you ever uttered a syllable before to-day about those eggs being on the counter? A. I believe not; I have never been asked about it.
JOSEPH RAYNER GIBSON . I was groom to Mr. Hurrell; I am now a coachman, living at Bayswater. On Monday, the 5th of May, I drove Mr. Hurrell from Dalston to the corner of Chapel-street—I dropped him there close to the prisoner's shop—we went along Old-street—I looked at St. Luke's clock—it was then from ten minutes to a quarter past eleven o'clock—I should say I was as nearly as could be a quarter of an hour going from there to Chapel-street—it would be about half-past eleven when we got there—Mr. Hurrell went into the shop, and came out again in about ten minutes or a quarter of an hour—I drove him from there to Caroline-mews, at the corner of Charlotte-street, Bedford-square; then to Fleet-street, and then to the London Joint Stock Bank, in Princes-street—after leaving the bank I cast my eye up at the clock in the Poultry, and it was just then turned half-past twelve—Mr. Hurrell did not remain in the Bank, I should say, a minute—I drove him back to Chapel-street—I was not more than ten minutes going, I should say—I drove pretty fast—we were there before one o'clock—I drove up opposite the door, and went on to the threshold of the door—I heard my master ask Mrs. Davies if she had seen anything of the money, 30l., that he had left on the counter—she said no, she had not—he asked who had been in the shop since he had left—she said there had been a woman in for some cream, who lived some-where in the neighbourhood of Guiidford-street, she did not know where, she would inquire, and there had been two boys for a halfpenny-worth of milk each before that woman came in—I then left the door—she said nothing in my hearing about a person coming in with eggs.
Cross-examined. Q. You were not examined before the Magistrate the first time? A. No—I was there—I looked at St. Luke's clock because Mr. Hurrell wished me to drive as quick as I could, and I looked to see what time it was then—I did not hear Mr. Hurrell examined before the Magistrate.
HENRY WELLS . I am in the service of Messrs. Le Miere, egg-salesmen—the prisoner was one of our customers—I called on her on Monday, the 5th of May, as near twelve o'clock as possible—when I first went into the shop there was nobody there—Mrs. Davies came behind the counter—as I was asking her whether she wanted any eggs, I observed a paper on the counter, behind a large milk-can, on my side of the counter—the can was I between me and Mrs. Davies—I took hold of it, and in doing so some sovereigns rolled on the floor—I noticed the paper, and saw it was a Bank-note—I cannot say whether there was one, two, or three—I then stooped down, and picked up the sovereigns—while I was doing that, Mrs. Davies took up the Bank-notes from the counter—I picked up six or seven sovereigns, gave them to Mrs. Davies, and said, "What a foolish woman you are, to leave your money on the counter like this; anybody might have come in and taken it up, and you would not have known who had done so"—she said she did not know how she could have been so foolish—I handed the money to her, and she put it into her pocket—I wished her very particularly to count it—she said she was so flurried at the time, she dare say it was all
right—she did not count it—she then purchased some eggs of me—I left some in a basket on the counter, and took some behind the counter, where I always did—I then wished her again to count the money, before I went away—she did not do so, she said she dare say it was all right—I saw I her again on the Wednesday following, two days afterwards—I then asked her if the money was correct—she said, "Yes, it was quite right"—I saw her no more until the officers took me to the shop, on Thursday night, at half-past ten o'clock—Brannan took me in, and said, "Mrs. Davies, this is the witness who says he picked up the money off your counter, and gave it to you"—she said, "Oh dear! yes, but that was my own"—she saw me then, and I said, "You must recollect my picking the money up of your counter, and giving it to you"—she made no further remark—the officers then proceeded to search—I mentioned to our collector on the same Monday night that I picked the money up.
Cross-examined. Q. Was it not half-past eleven o'clock in the morning when you were there? A. It was nearer twelve—I can swear it was as much as half-past eleven—I know it was beyond half-past eleven, because, I was in Liquorpond-street at half-past eleven—I saw the clock in Liquorpond-street—I took the parcel up, and put it down on the counter again—it was rolled up as a small packet—I did pot stoop to pick up the sovereigns the moment they dropped out—my view of the note was for a minute, I should say—I did not know what the packet was when I first saw it lying there—when I first took it up, I thought it was one of Moses's advertising bills.
Q. Was it not something very like that that you saw? (producing a piece of paper.) A. No, I should say not—I will swear this is not the paper I saw—the paper was nearly undone—the weight of the gold undid it, and the sovereigns fell on the floor—I stooped to pick them up, and the prisoner took the paper—I did not see it again—I have been ten months in Messrs. Le Mere's employ—I have never been charged with any offence—I was never charged by my master with embezzling money that had been paid to me—I am not now paying money to my master by instalments for what I have embezzled—it is through bad debts, which I had no business to trust—before I went to Messrs. Le Miere's I lived in Bloomsbury-market, with Mr. and Mrs. Pollett—I left them on account of their retiring from business, and went to Messrs. Le Miere's in the following week—I recollect selling some eggs to a Mr. Pursod—he paid me for them, and I immediately took the money to my master—my master did not charge me with not having paid it—the clerk did at first, but it was afterwards proved to be paid—I was in the employ of a Mr. Knight for six weeks—he took Mrs. Pollett's business—I left him because I could not make myself comfortable—no charge was brought against me by him—I gave him warning—there were no words between us—he wished me to do more than I had done, I told him the situation did not suit me, and left.
MR. DOANE. Q. Are you still in Mr. Le Miere's employ? A. I am—he has never charged me with any offence—I have given credit to persons who have not paid, and he looks to me to make up the loss—I have been in the habit of taking Bank notes for my master—I think I know what a Bank of England note is—it is nothing like this bit of dirty thick paper—I am sure it was a Bank note I saw.
with Tate, Mr. Hurrell, Wells, and Jagger—I went into the shop first with Tate and Jagger—I saw Mrs. Davies, and asked whether she had taken any money up off the counter on Monday last, that was left by Mr. Hurrell in mistake, between twelve and one o'clock, gold wrapped up in notes—she said, "No, sir"—I said, "Have the kindness to recollect, ma'am, I mean Monday last, in the middle of the day"—she said, "No, sir"—I then said, "I have a person close by who informs me that you did"—she again said, "No"—Wells was then called in—I said, "This is the person who informed me"—she seemed very much agitated, and said, "Oh, dear me, yes, but that was my own"—Mr. Hurrell then came in, and charged her with stealing 30l.—he named a 10l. note, two 5l. notes, and ten sovereigns, and said he had left a bill stating that amount—I told the prisoner I was going to search the place, and asked her if she had any notes—she said, "I believe I have one"—she took from her pocket two bags, which contained a hank post-bill and twenty-nine sovereigns.
Cross-examined. Q. This is the bag, I believe, is it not? (handing one to him.) A. No—it was one something similar, but I am satisfied this is not the bag—I have never seen this before—I found some papers in the bags—I did not say to her, "You told me you had but one bill and here is a second note here"—I positively swear that—I made no such observation with respect to any piece of paper which I found afterwards was not a note—this is all new to me—I took no notice of the pieces of paper I found, not being notes—I examined them to see whether they were notes—some I kept, and some I left on the table—I will swear I never saw this piece of paper before—the paper I found appeared to be writing paper, which had been crumpled about in her pocket—the prisoner's attorney gave me a receipt for sundry papers which I handed to him, but this I never had in my hand—I took possession of some, which I gave to him—the prisoner said, "Take care of those papers."
HENRY TATE (policeman.) I accompanied Brannan on this occasion, and went in with him—he said to the prisoner, "We belong to the police, we understand you know something respecting some money of Mr. Hurrell's"—she said she did not know anything at all about it—he then said, "Do you recollect picking up any money at all on that day, Monday, the 5th?"—she said no, she did not pick up any money at all on that day, to her recollection—I know nothing of this bit of paper—I did not see it in Brannan's possession at any time.
Cross-examined. Q. You were not present, I believe, when the prisoner was searched? A. No, the question put to her was, "Do you recollect any money being taken up by you off the counter on Monday last, sovereigns wrapped up in notes, as Mr. Hurrell has told me he left some in mistake," and to that she made the answer.
MR. DOANE. Q. Did he ask her several times to recollect herself? A. Yes, and she said, "No."
COURT. Q. Did he mention the time? A. About the middle of the day—Wells was then brought in.
MR. ROBINSON called
SARAH PRICE . I am a dress-maker, and live at No. 10, Portugal-street, Lincoln's Inn-fields. On the 5th of May I was sitting in Mrs. Davies's parlour, and recollect a woman coming in for change for a sovereign, and one shilling's worth of halfpence—Mrs. Davies gave it to
her—her daughter came from the parlour, and the eggman opened the shop door and said, "Do you want anything to-day, Mrs. Davies?"—before she could answer I heard a fall of money—I looked through the window, which is about a yard from the counter, and saw him place some paper on the counter—he said to Mrs. Davies, "What a foolish woman you are to leave your money like this"—she said, "Good God, I am, I left it since I changed a sovereign for the cook"—she took up the paper and held it in her hand—he stooped and picked up some of the sovereigns, from five to six, as near as I could tell, and then Mrs. Davies said, "You go and get me half a hundred of eggs; I will attend to this"—when he was gone for the eggs, Mrs. Davies said, "Betsey, give me a light"—Betsey took her a light—I followed into the shop, and saw one sovereign lay—I picked it up and gave it to Mrs. Davies—she counted them, counted thirteen sovereigns and a half, put them into a paper, and put it into a puree in her pocket—nothing more passed about that—about a quarter of an hour after that, as near as I can tell, I saw a gentleman come in to pay some rent—he paid it to Miss Davies in two half-sovereigns—I saw it in her hand when she came into the parlour—I saw the paper on the counter—I did not see the money in it—it was light brown paper, exactly like this—I am certain the eggman came before the prosecutor—I cannot say how long before—I did not notice the time—I did not see anybody come in after the prosecutor had left—I was not there after.
MR. DOANE. Q. Are you living by yourself in lodgings in Portugal-street? A. No, I am lodging there with my husband, who is a mason—we have no shop—I have lodged there upwards of five years—I have known Mrs. Davies about eight years—I married her nephew—I got there about half-past ten o'clock that morning, as near as I can tell—I am frequently in the habit of calling there—I saw the cook come for change—I cannot tell the time—it might be about a quarter of an hour or ten minutes after I got there—I was in the parlour—you can see into the shop through a little window, which is about a yard from the counter—I saw the cook get change—I did not see Mrs. Davies band the change to her—I heard the cook ask her for change, and heard Mrs. Davies count the money—I cannot say that I saw the money—I heard her count on from three to nineteen—the window is at the side of the counter—I could see Mrs. Davies behind the counter, and the cook in the front, quite plain—I did not look out to see her counting the money—Miss Davies was in the parlour along with me—there was one or two other customers came in after the cook had the change, but I did not notice them—the eggman came in directly after—(looking at Wells)—I mean that person—I saw Mr. Hurrell—I did not know him before—I mean to take my solemn oath that Wells came in before Mr. Hurrell—I should be very sorry to say so else—when Wells came in I continued at the same place in the parlour, till I went into the shop when the light was taken—Miss Davies was also in the parlour—the first thing that occurred on Wells coming in was, his saying, "Do you want anything to-day, Mrs. Davies?"—Mrs. Davies was then neither in the shop nor in the parlour, she was between the door—before she could answer the money fell—I then looked, and saw Wells place the paper on the counter—Mrs. Davies took it up, and he stooped to pick up some of the sovereigns—I saw that quite distinctly—it was not counted till he was getting the eggs—Mrs. Davies then counted it, and there
were thirteen sovereigns and a half—she did not count it in the presence of Wells, it was while he was getting the eggs—he was out of the shop—I saw her count thirteen and a half—she had nothing in her hand at the time but the paper and the money—she did not bring it into the parlour afterwards—she put it in the paper and in a little purse, and put it into her pocket—there was no silver—Mr. Hurrell came in about ten minutes or a quarter of an hour after—I should think it was about twelve o'clock, or very nearly twelve, when he came—I did not stop till he was gone—I went out at the side-door, and left him there, talking—he was there about five minutes while I was there—he paid the rent to Miss Davies, and Miss Davies gave him the receipt—I saw her take four receipts, and give them to him for the rent—I did not notice what passed between them—I heard them talking.
(Mr. Addensell, a tailor, of Lamb's-Conduit-street, who had "known the prisoner many years, deposed to her good character, and stated that twenty other respectable witnesses were in attendance to speak to the same effect.)
GUILTY of larceny only. Aged 58.—Strongly recommended to mercy by the Jury.— Judgment Respited.
NEW COURT.—Monday, June 23rd, 1845.
Fifth Jury, before Mr. Common Sergeant.
1380. MARGARET WELSH was indicted for stealing 1 tippet, value 16s.; 1 pair of drawers, 1s.; 1 shift, 1s.; 1 table-cloth, 1s.; 1 handkerchief, 4d.; and 1 apron, 6d.; the goods of Samuel Newson, her master; and that she had been before convicted of felony.
EMMA NEWSON . I am the wife of Samuel Newson; we live at No. 138, Bethnal-green-road—the prisoner was in my service—I sent her with these articles to Mrs. Crockford, the mangler's, on the 30th of May—she did not return—I sent to the mangler's, and the things were not there—I also lost a tippet—this is it.
ALICE CROCKFORD . I am the wife of Arthur Crockford. I carry on the business of a laundress and mangler—I did not receive of the prisoner, on the 30th of May, those drawers and other things—I did not see her that day.
Prisoner. I know nothing about it; I took no things out of the place to mangle.
EMMA NEWSON re-examined. I gave her them out of my own hand, and saw her leave the place with them—I did not see her again till the Saturday night afterwards, when I found her walking in Wheeler-street, and gave her into custody—she lived with me only three days—she gave the duplicate of the cap to her mother, and she tore it up.
NATHANIEL JACKSON (police-constable H 114.) I produce a certificate of the prisoner's former conviction in this Court—(read—Convicted 12th June, 1843, and confined three months)—the prisoner is the person.
GUILTY .— Transported for Seven Years.
1381. JAMES GRADY and JOHN SULLIVAN were indicted for stealing 1 handkerchief, value 5s.; and 1 coat, 1s.; the goods of Joseph Meads, from his person; and that Grady had been before convicted of felony.
JOSEPH MEADS . I am a lighterman. On the 27th of April I was, in Brook-street about a quarter past four o'clock—I fell down and broke my ribs—Grady came up, and said, "Have you hurt yourself?"—I said, "Yes, very much"—he took my coat off my arm, and gave it to Sullivan, who was with him, and who went down a court by the Red Lion—he came back, and said, "Let me help you home, if you have hurt yourself"—they then led me home—I said, "I am very much hurt," and one of them said, "Take off his handkerchief"—one of them, but I cannot say which, took off my handkerchief, and I saw Sullivan put it in his bosom with his right hand—my wife went for a cab, and I went to the hospital, and did not see any more of the prisoners till Whit-Monday, and I saw Grady, and said, "Will you give me the ticket of my coat?"—he said, "No, we sold it right out, and did not get but 12s. for the b—y articles altogether"—he said, "If you say any more I will stop your b—y wind"—I have not got either the coat or handkerchief again.
Cross-examined by MR. PRENDERGAST. Q. You are an old friend of theirs? A. No, I am no friend, nor yet a foe—I have known them eight or ten years—I am not on intimate terms with Grady—I have not drank with him above a dozen times—they get their living in the best way they can, by going about the wharfs, getting a job where they can—Grady may work at ballast-getting sometimes, but very seldom—I have worked a day or two with him in a sand-barge—on that day I had drank about two pots of beer—I fell down, but many a man breaks his arm or his neck when he is sober—I did not know where Grady lived—he was sometimes in Brook-street and sometimes in Limehouse—my wife went with me to the hospital—I paid for the cab when I got there, out of my right-hand trowsers' pocket—both the prisoners led me home, and took my handkerchief from my neck when I got home, when my wife was gone for a cab—they did not wait for her coming home, they went away directly—I told them not to take it, and they said, "It is all right, and so is your coat"—when Grady told me they only got 10s. or 12s. on it, Sullivan was not with him, but he had some other companion, and I was afraid to speak to him.
Sullivan. Q. Where did I take the coat from Grady? A. At the corner of Brook-street—I did not say anything to you—I did not say I had been drinking with a lot of females in the Crown and Anchor, and ask you and Grady to lead me home—I never heard my wife say she was thankful for what you had done.
Sullivan. Q. Was he intoxicated? A. He was rather the worse for liquor.
Cross-examined. Q. Where were you? A. Standing at my own door—I saw him the worse for liquor coming across the fields—his handkerchief was round his neck, tied with two knots, as he generally wears it—he had not his coat on when he came home—I saw him go into his own house—the prisoners were helping him home, one on each side of him.
GEORGE PAVITT (police-constable K 260.) I took Grady—he was told he was wanted for stealing a coat and handkerchief of the prosecutor's—he said he knew nothing about the coat nor handkerchief but he and Sullivan assisted the prosecutor across the fields.
Sullivan. The prosecutor had a female taken up for stealing the handkerchief and coat.
GRADY. Yes, it was Catherine Sullivan; he took her out of my company; she was a prostitute; he was drinking with her the day he lost his coat.
JURY to THOMAS JOHN BLAKE. Q. Did the prosecutor charge anybody else, or say that any woman had anything to do with it? A. No.
JAMES PORTCH (police-constable K 91.) I produce a certificate of Grady's former conviction, which I got from Mr. Clark's office—(read—"Convicted the 6th of May, 1844, and confined three months")—thq prisoner is the person.
GRADY— GUILTY . Aged 21.— Transported for Ten Years.
SULLIVAN— GUILTY . Aged 22.— Confined Three Months.
ROBERT JORDAN . I am master of the brig Margaret, which laid in Bell-wharf tier. I had these two fenders on board—I am sure they are mine—they hung over the bows of the vessel, and I told the mate to take them in at ten o'clock at night, on the 19th of June.
Cross-examined by MR. BALLANTINE. Q. What are you? A. The captain—these fenders belong to my owners, but I had the custody of them—they were put on the forecastle, and were taken off the deck of the vessel.
HENRY JOSEPH KING (Thames police-constable, No. 30.) On that night I was rowing along the river—I saw the prisoner put two fenders over the bow of the brig into a boat, and row away—I took him—he said he was going on board the Great Western.
Cross-examined. Q. Did he say he had taken them to use as a protection? A. He said he had taken them to put between the craft—they would have been useful for that had there been a road there.
GUILTY. Aged 29.—Recommended to mercy. — Confined One Month.
MR. DOANE conducted the Prosecution.
EDWARD READ . I live at Uxbridge, and am owner of boats which go on the canal for coals. The prisoner was my boatman for seven or eight months—I paid him 15s. a week—at the end of Feb. I sent him with two boats along the Grand Junction Canal to go to Rugby—the party shipping the coals pays me the freightage—it was the prisoners duty to receive that
money for me—he returned from that journey about the 11th of March—there was no settlement at that time, for Mr. Clay had not paid the whole freightage, he had paid 10l. on account—the prisoner went a second time to Rugby, and did not return for a month—when he returned he accounted to me for the money he received from Mr. Clay—he was to receive 6l. 15s. if he received the whole balance, and I think he accounted to me for 14l. 10s., or something like that—I have not a memorandum of it—he said Mr. Clay had deducted 15s. for a missing ton of coals—he accounted to me for what he had received of Mr. Clay, minus the 15s.—he accounted for 10l. the first voyage, and on the second he deducted the 15s. that he was short, and accounted for the rest—he did not account to me for selling 25s. worth of coals to Mr. Proctor.
COURT. Q. What was the money he paid you? A. He sent me 3l. out of this 6l. 15s.
MR. DOANE. Q. Did you find the account correct, supposing Mr. Clay had deducted this 15s.? A. Yes—he accounted for paying the freightage at the different locks—he never accounted to me how the ton became deficient.
Cross-examined by MR. HORRY. Q. The prisoner was in your service for seven or eight months? A. Yes—he had been in my service before—he left before this charge, but remained in the neighbourhood—I knew where to find him—I discovered this deficiency within a week, but I did not prefer this charge till he had left my service, as I did not know white he had been doing—he went into another service—my business has fallen off, because he knocked the boats about so—he has not charged me with owing him 1l. 13s. 9d. on the balance of accounts—he did not account to me for every farthing of this money—I have not got any accounts here—I received a letter from him two months ago or more, in consequence of a communication from me about some other coals—he did not at that time want me to come to an account with him—he was at Aylesbury—I did not come to an account with him till a month after he came back—that was before I found out this deficiency—I have had no account since that last.
SAMUEL JOHN CLAY . I am an agent at the Staley iron-works. The prisoner came for coals on the 5th of March—he was loaded with upwards of sixty tons, making an allowance to the trade, and he left on the 6th—there was nearly 10 cwt. besides the 60 tons—it was my duty to pay for freightage and hauling—I advanced the prisoner 10l.—I saw him again on the 25th of March—the balance I owed him was 6l. 15s.—before he came the second time I had heard of some deficiency—I asked him how he could account for 2 tons 7 hundred weight which appeared to be missing—he said he did not know, and after a time he produced a receipt from Mr. Proctor, of selling 25 cwt., for which Mr. Proctor paid him 25s.—there then remained a deficiency of one ton, after making every allowance—he did not give me any explanation of what had become of that—I deducted 12s., for that ton—I am quite sure I did not deduct 15s., but only 12s., as my cash-book will show.
Cross-examined. Q. Notwithstanding that the freightage and hawlage had been paid? A. I paid him for the whole 60 tons—the amount of the freightage of that ton was about 2s. 10 1/2d.
deficiency of 2 tons 7 cwt.—I charged him for 25 cwt.—I mulct him 2s. 10 1/2d., which he had to pay, and did pay—I charged him with having disposed of the coals—he did not give any account—he said he had not put any off.
EDWARD READ re-examined. Q. You have heard the witness say, that he deducted 2s. 10 1/2d., did the prisoner say he had paid that? A. No—I am sure he told me Mr. Clay had deducted 15s., and that he settled with me, deducting that 15s.
NOT GUILTY .
1384. JOHN TAYLOR was indicted for stealing 69 pairs of leather fronts for boots, value 7l.; and 2lbs. weight of leather, 1l.; the goods of John Henry Burlingson, his master: and MICHAEL CRAWLEY , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. HUDDLESTON offered no evidence.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
ANN CLARK . I am single, and live in East-street, Lamb's Conduit-street. On the 19th of May I went to the Savings Bank in Charlotte-street, Fitzroy-square, and received a 20l. note—I came out, and gave it to Mr. Casey, to get two 10l. notes for it—he could not, and I was informed it was lost.
ROBERT MARSHALL CASEY . I live in Wakefield-street, and am a surgical agent. On the 19th of May I went with Clark to the Savings Bank—when she came out she delivered me a 20l. note, to get two 10l. notes for it—I went into a public-house, and could not do it—I brought it out again, and was standing against the chapel in John-street, Tottenham Court-road, to get my pocket-book out; I placed the note in my left I band where I had a blue bag, I gave the bag to Clark to hold, and when I got my book out I missed the 20l. note—I tried to find it, but could not—I went to the Bank for the number, and returned home with Mrs. Clark—the note was advertised, and we were at the Bank of England at half-past eight o'clock the next morning, to give notice—we then returned to East-street, and ascertained that the note had been picked up—I went to the prisoner's house, in John-street, Tottenham Court-road—I saw him, and told him I was the person who had lost the note—he asked me the number—I said it was 11328—we had a little girl named Dixon with us, who had seen the note picked up—he said he knew nothing about it, it was nothing more than a piece of waste paper—I said I should see about that, and was leaving the house, when I saw the little girl who I was told picked up the note—I was going to speak to her, when he told me to leave her alone, and go and do my best—I went to the station-house, thinking it was a police matter, but it was not—I went again to the prisoner's house on the Thursday, to see Mrs. Slingsby, who is a lodger in his house—while I was talking to her, the prisoner came up, and said it was all a mistake, he knew nothing about it, and he would not have me come making a noise there—
he ordered me out of the house, and threatened to give me in charge of a policeman.
ELIZABETH HARRIET DIXOR . I am fourteen years old, and live with my parents, in John-street. On the evening of the 19th of May I was in John-street—my sister and Leah Rowley were together—they both stooped, and when they got up again I saw the note in Leah Rowley's hand—my sister had her foot on the note, Leah Rowley shoved her away, and took it up—Mrs. Slingsby and the children looked at the note—then she sad the children took it into Rowley's house—I saw the prisoner come out directly after.
MARY SLINGSBY . I am a widow, and live in the prisoner's house. On the 19th of May I saw a 20l. note in Leah Rowley's hand—I went with her into the parlour, where the prisoner was—he looked at the note.
EDWARD BARNABY GUDGEON . I am a clerk in the Bank of England. On Tuesday morning, the 20th of May, I saw the prisoner standing in the hall, at the Bank, about a quarter before nine o'clock he came up to me with a note—I said, "You have taken time by the forelock; we don't begin business before nine o'clock; you must go and write your name on the note"—I did not look at the note then, I only saw that he had one—he went away to write his name on it, and almost immediately after the clock struck nine he handed the note to the cashier, in my presence—it was inspected, and passed into my hands—I looked at it, and called out, "Cambray"—the prisoner answered—I said, "What do you want for it?" he said, "Sovereigns, or gold"—I gave him twenty sovereigns—I was not aware that the note was stopped—they begin business in the office where the notes are stopped at nine o'clock—the name of "James Cambray, 12, Holywell-street, Strand," was on the note—it was paid about two minutes after nine, and they could not give me notice till nine.
NOT GUILTY .
1386. JOHN ELL was indicted for stealing 80 reams of paper, value 80l., the goods of Sir William Magnay, Bart., and another, his masters; and ALFRED DUTTON , for feloniously receiving the same, well knowing them to have been stolen, against the Statute, &c.; to which
DUTTON pleaded GUILTY. Aged 33.—Recommended to mercy. Confined Eighteen Months. (See Seventh Session, pages 131 and 153.)
MR. CLARKSON offered no evidence against Ell.
ELL— NOT GUILTY .
1387. WILLIAM SIMPSON, alias Butcher , TIMOTHY LONG , and MICHAEL LEARY , were indicted for unlawfully obtaining goods by false pretences: and BARNET BARNETT , for unlawfully receiving the same, well knowing the same to have been stolen, against the Statute, &c.
MR. CLARKSON offered no evidence.
NOT GUILTY .
1388. WILLIAM SIMPSON, alias Butcher , and TIMOTHY LONG , were again indicted for unlawfully obtaining goods by false pretences: and BARNET BARNETT , for unlawfully and knowing receiving them; against the Statute, &c.
MR. MESSRS. CLARKSON and BODKIN conducted the Prosecution.
GEORGE THOMAS . I am assistant in the house of William Leaf and Co.; there is more than one other partner; they carry on business in Old Change, near St. Paul's Church-yard. On the 30th of April Russell brought this order to our warehouse—it is in the same state now as it was when he brought it, with the exception of the number, which has been put on since—we have a customer named Jones, a linendraper, at Newington-house, Newington-causeway—this order is on one of his bills—on looking at this, I took Russell up stairs into one of our rooms, and two pieces of satinet were given him—one was eighty-four yards, the other fifty-nine—they amounted to 30l.14s.—(order read)—"April 30.—Please let the bearer have two or three lengths of good black satinet, about 3s. 11d. and 4s. 7d.; a long length is required."
THOMAS RUSSELL . I was charged with uttering counterfeit money on the 10th of May—I was taken into custody, and made a disclosure to the officer of some matters in which I had been engaged—I am sixteen years old—my father lives at Beaconsfield, in Buckinghamshire—he is a maker of gimp—I was in the habit of going to the house of Morrison and Co. with gimp from my father—I first became acquainted with Simpson about three weeks after Easter—I obtained from the house of Leaf and Co. some goods by means of this order—(looking at it)—I first saw this paper on the afternoon that I presented it—on the 29th or 30th of April I was at a public-house in Shoreditch—Long and Simpson came there, and said to me there were two young men waiting at the Old Crown in St. Giles's for me—Simpson said they had been waiting with two young men at the Old Crown, High-street, St. Giles's, ever since nine o'clock—he said one of the young men said we could get 100l. worth of goods without any risk at all—we went off directly to the nearest cab-stand, took a cab, and Simpson told the cabman to drive us to the Old Crown, in High-street, St. Giles's—when we got there, the barman said they were gone, but would be there again from four till half-past four o'clock—we returned about that time, and the two young men came in soon after—we had just drank some ale and ginger-beer—Simpson told me these were the two young men—Long was with him—one of the young men said we could get 500l. worth of goods, and carry it on for a fortnight, he said 1000l. in two days, in the presence of both Simpson and Long—he mentioned the name of Mr. Jones, of Newington-causeway—he said he had lived at Mr. Jones's, and he had got twenty or thirty of his bill-heads—there was nothing more said about Mr. Jones till the next day—on the following evening I went with Simpson and Long to Moss's wine-vaults, in Broad-street, St. Giles's—we got there about four o'clock—the two young men were there when we got there—there were no bill-heads produced, but the young man said he had got some of the bill-heads, and he wanted to write an order—Long said he could go to his lodging and write it there; and we all went to Long's lodging, in Neal's-yard, Great St. Andrew's-street, Seven-dials—when we got there I saw a woman, who lives with Long—a person called Irish Molly and Mary Welsh was there—Long sent the
women out, and the young man wrote this order, which has been produced, in the presence of Simpson and Long—he then gave it to Simpson, and Simpson, Long, and I, went out to Broad-street, with an understanding that we were to meet the two young men in at hour, at Moss's wine-vaults—in the meantime we were to go to Leaf'swith the order, and obtain the goods—Simpson, Long, and I, all three, got into a cab, in Broad-street, St. Giles's, and told the cabman to drive us to the Old Change, but I believe he put us down at Paul's-chain—I cannot recollect which place it was—they are close together—Simpson gave the cabman his fare, which was 1s., and he also had 2d. for drink—Simpson told him to put on the stand, he should have something to take back, and he would have him if he was there—Simpson had the bill-head at that time—he gave it me at the corner of Watling-street—he waited there, and Long stood at the Cheapside end of Old Change—Simpson told me to be sure not to give the bill-head up unless I was asked for it—I went into Leaf's, and presented the bill-head to Mr. Thomas—he laid it down on the bench—I took it up and followed him down—I gave it to Mr. Renison—I obtained two pieces of black satin for it—I came out with the goods—I saw Simpson at the corner of Watling-street—I joined him, and Long came down as fast as he could to us—I had the two pieces of satin—we went round St. Paul's Church-yard—I went on the right hand side of Ludgate-hill—Long and Simpson went on the left—when we got to Farringdon-street, Simpson came and took the satin away from me—he said he would go by a Paddington buss to Moss' wine-vaults in Broad-street—I and Long went back to the City with another bill-head—I and Long then went up in an omnibus, and we joined Simpson in about an hour at Moss's wine-vaults—Simpson began knocking me about and swearing at me, because I had not got the goods that we went for the second time—the two young men I had seen before were waiting at Moss's—we then went to Long's lodging—Barnett was sent for—the goods were opened in the presence of him and his friend, Simpson, Long, and the two young men—they were wrapped in paper, and when we opened them we all began to tear the papers up and burnt them—there was an invoice inside—one of the young men asked Barnett what he would give for the goods—he said, 3l.—I then showed him the invoice, which was 30l. or 33l.—Barnett burnt it—there was then some haggling about the price—Simpson did not say anything to Barnett in the course of the transaction—Barnett paid 10l. and his friend 3l. for the things—Simpson took up the 13l., and paid them all 2l. 16s. apiece, except me—he said, "I will keep the kid's money"—he said, if I had the money, if I went to any more houses they would take it from me, and with the money he had got he would employ Mr. Wontner to defend me, if they should take me into custody—after the money had been divided, Simpson, Long, I, and the two young men, went to Moss's, Barnett, and his friend, met us there, because they had been out with the satins—Barnett called for 1s. worth of brandy, and went away without paying for it—Simpson asked the barman whether it was paid for—the man said "No"—they called Barnett back—he came and paid for it—we then left—on the 7th of May Long and I went to the Two Brewers—we found Leary there—(that was the day we went to Morrison's)—Simpson was not there—he went to tell Barnett that we only got 6l. for some goods—I had some ale and ginger-beer at the Two Brewers—Long had something else, and Mr. Roche, the landlord, had something—
Long begged the landlord's pardon for having thrown a pot at his head, and gave him a sovereign to pay for a looking-glass—Simpson was gone to Barnett's at that time—I afterwards, by Barnett's direction, changed my clothes—I afterwards agreed to go down to Uxbridge to get out of the way—I was taken into custody at Farnham Royal—I left this note (looking at it) for Simpson, at the Hare and Hounds, Red-hill, two miles beyond Uxbridge—when I drove up to Uxbridge, Long was standing at the door of the Falcon-inn, and Simpson was inside.
Cross-examined by MR. PARRY. Q. Where did you leave the cabman when you went to Leaf's? A. On the stand—when we came back we did not go to the cabman—I carried the goods under my arm—they are not here—Barnett had them—they were about six inches wide—I do not recollect how many yards there were—I went down to Uxbridge after this affair, and was driving about in a horse and chaise which Barnett said he would pay for, if Simpson was not at the Hare and Hounds by eleven o'clock—I was in the employ of Mr. Watson, of Upper Seymour-street, about two months ago—I was with him a fortnight—before that I was with Mrs. Beal in the New Cut, and before that I travelled for my father H to wholesale houses to take orders for gimp—I never embezzled any of my father's money—he never charged me with it—I lived with Mr. Telford, a hosier, in New-street, Covent-garden, before I travelled for my father—he did not turn me out for robbing him—I left because he refused to allow me to go down to my mother's funeral—I was never in custody but once before this affair—that was the day of Acton foot race—that was a week after I left Mrs. Watson's—it was for passing a bad half-crown—there is not a charge of that kind now against me, it is for attempting to pass—we sold things to Barnett as often as we had them—we have had dealings with him ever since I had been in custody on that charge till I was taken—I had nothing to do with him before I knew Simpson and Long—I know three persons named Simpson in Field-lane—I have sold all of them goods—one of them is bail for Barnett—I have been in the habit of selling them stolen goods—I do not know a house in Wood-street, Cheapside, where I stole waistcoat pieces and sold two of them in Field-lane—I am sure of that—I have been to Stanley's coffee-house in High-street, Bloomsbury—I knew it when I knew Simpson—I never was guilty of the slightest act of dishonesty till I knew him—he has led me to it all—I was taken up at Hammersmith for a half-crown he gave me—he and I went and bought the money that I am now under charge for—I slept at Stanley's coffee-house one or two nights—I did not the last time rob three fellow lodgers of some silver—the landlord stopped all the lodgers, and talked about sending for a policeman—I told him to search me at once—I wished to be searched, but they did not search me—I was let off, of course, and I went away.
Cross-examined by MR. PRENDERGAST. Q. Where was it you said you lived before? A. The first place when I came to town was with Mr. Telfer, in Covent-garden—I came from Beaconsfield—it was twelve months ago last Feb. since I came to town, which is now about eighteen months ago, and sixteen months out of that time I have been employed to go to these wholesale houses—I never was wrong in a penny in my accounts—when I first came to town I lived at Mr. Telfer's—I went home in consequence of my mother's death, and then came to town on my father's business—he is not in the employ of any person in particular—there was
nothing about a post-office order with me and my father—I have been many times to Long's lodgings—it was on Wednesday, the 30th of April, these goods were obtained, and on Tuesday that they came to me at the public-house in Shoreditch.
MR. CLARKSON. Q. When did you first become acquainted with Simpson? A. When I left my place I went to the wholesale houses to see if there were any vacancies, and I was then going to a person I know at Notting-hill, I walked down, and as I was opposite Tyburn-gate Simpson came along—that was the first time I ever saw him, and on that day I was taken up for attempting to pass a bad half-crown, which I obtained from Simpson—we have often sold things to Barnett—I never, in my life, sold him anything but what was obtained by Simpson, Long, and me—there are three persons in Field-lane whose names, I think, are Simpson—two of them have run away—I have sold them goods which were obtained by the same means, and by the same sort of orders—I knew nothing about Stanley's coffee-house till I knew Simpson—I was never charged with any offence till I went down to Notting-hill, and accompanied Simpson to the foot-race at Acton.
CHARLES HUMMAN . I am a cab-driver. About seven weeks ago I was standing with my cab in Broad-street, Bloomsbury—Russell, Simpson, and Long hired my cab—they got in, and Simpson ordered me to drive to Paul's-chain—I drove there, and they got out—Simpson gave me 1s. and Long gave me 2d.—Simpson told me if I got on the rank they would have me again when they came out—he did not say what they should want me for—they then left—I cannot say which way they went—I noticed Russell had a small piece of paper in his hand—it was such a piece as this—they all went away together—I did not see any more of them—I went on the stand and was hired for another fare.
Cross-examined by MR. PARRY. Q. You do not remember exactly what day this was? A. No, it was about seven weeks ago—I did not notice the paper Russell had—it was not black—I cannot say whether it was white or brown.
Cross-examined by MR. PRENDERGAST. Q. Have you ever been in prison? A. I have been in prison about twice, but not for theft—it is a long time since, for not paying my master for the day's work—when I go to my master he makes me sign a paper to pay so much, and if I do not pay him he summonses me, and I go to prison—it was the House of Correction I was in, and you may call it hard labour—it was on oakum, not the treadmill—I knew some of these persons before that day.
MR. BODKIN. Q. Which of them did you know? A. Simpson and Long—I only knew them by coming to the public-house and having a pint of beer—I might have seen them in the watering-house at St. Giles's, and in the house at the corner of Crown-street—I did not know anything of Russell before—it is five years since I was in any gaol—I am twenty-nine years old—we agree to pay a certain sum for a cab for a day—the last thne I was with Mr. Langridge it was 14s. a day, and if I do not get money I cannot pay—my master summonses me and I go to prison.
FREDERICK BUTCHER . I am bar-man at Moss's wine-vaults in Broad-street, St. Giles—I have known the prisoners as customers about four months—I saw Russell when the officer brought him to our house, and I saw him at Guildhall—I am not aware that I had seen him at my master's house—I cannot say positively—I might have seen him or not—it is very
hard for me to say—I cannot speak positively—I know Barnett—I remember when there was some talk about some brandy not being paid for—I think it was a quartern of brandy—Mr. Barnett was going out, I called him back, and he returned and paid for it—I believe Long was present—I will not swear to Simpson positively, but I think he was present—several other persons were present—the shop was full—Barnett paid for the brandy at last.
Q. Now, reminding you of that, I ask you again whether Russell was at your master's house on that occasion? A. Not to my recollection—this transaction about the brandy was about a fortnight or three weeks before.
Cross-examined by MR. PRENDERGAST. Q. I suppose you have no recollection about the time that it happened? A. No—I knew Barnett, because he was a frequent customer of ours—he was in the house ten or twelve times a day with different parties.
JOHN ROCHE . I keep the Two Brewers, in George-street, St. Giles. I know Simpson and Long—I have seen them at my house—I have seen Russell there, but whether in company with Simpson and Long I do not know—I cannot positively answer whether I have seen them at the same time with him—I remember a time when there was an apology made for something having been thrown at me, and a sovereign was paid by Long I for a looking-glass he broke—that was the week before Whitsuntide—I remember Russell was there at that time—they paid for what they had, a bottle of ginger-beer, and a glass of ale—I had a glass of gin and bitters myself, which Russell paid for.
Cross-examined by MR. PRENDERGAST. Q. How long have you known Long? A. About eighteen months, as a customer, and living in the neighbourhood—I never heard anything against him.
Cross-examined by MR. PRENDERGAST. Q. You are not quite sure it was Russell you saw? A. I do not like to swear it was him, because I saw him through the window.
MR. CLARKSON. Q. Do you believe it to be him? A. I quite believe it was him—(looking at him)—I am quite sure that is the boy.
MARY WELSH . I am single. I know Simpson—he lodged at my mistress's, at No. 29, George-street, St. Giles—I dare say it is two years ago—my mistress now keeps a lodging-house at No. 4, Neal's-yard—Mary Fox and her sister rent a room there—Long was in the habit of coming there to visit her—I came back there three months ago, and Long has been in the habit of coming there.
Cross-examined by MR. PRENDERGAST. Q. You left? A. Yes, at the time they took this house and left St. Giles, then I left, and came back again about three months ago—Mr. Long came to visit Fox—I saw no more of him than going up Starrs—he was alone when he visited her.
Q. Was there any occasion on which Long told you and Mrs. Fox to go out of the room? A. No—I never left the room—I was not in the room at any time when he requested me and Fox to leave—I never recollect it—it never happened that he and two or three more were in the room, and I and Fox were ordered out.
MR. CLARKSON. Q. Might such a thing have happened and you not recollect it? A. No—I was never desired to go out—I never went to the room without being called—I know Mary Fox.—I have never been in
the room sitting there with her, that I know of—I had my work to do—I was not in that room—I have seen Long come there like another man—I cannot tell how often—I never saw him in the room, only going up and down stairs—I never recollect an occasion when he asked me and Fox to leave the room—if he came in with other men, and I was in the room with Fox, I should have quitted it.
MR. CLARKSON Q. This Fox is no more a wife to him than to twenty I other persons? A. I do not know—different men go there.
ANN SHEPHERD . My husband keeps the Hare and Hounds, at Redhill, near Uxbridge. On the 8th of May Russell came to our house, about ten o'clock in the morning—he staid an hour—in five minutes after he was gone Simpson and Long came—they inquired if a boy in black had been at my house that morning—I said he had, and had left a message for them, that he would come back and meet them at five o'clock—they staid a little more than two hours, and left—Russell came soon after they were gone a little after three o'clock—he inquired for them, and I told him they were gone—he gave me this note to give them—I took possession of it till the policeman came down, and I gave it him.
THOMAS HEARN . I am constable of Stokepoges, near Slougb. On the 16th of May I went with Russell to a public-house in High-street, St. Giles—I went in, and Russell had hold of my arm—I saw Simpson there—Russell put out his hand to shake hands, and said, "Ah, Simpson," or "Butcher"—Simpson was sitting on the right-hand side—he was going to shake hands with him, but drew back his hand, and would not know him—Barnes, another officer, was behind me, and whether it was him or me that Simpson saw I do not know—when Barnes came in Russell pointed out Long, who was standing against the bar—he was brought away with Simpson in custody.
THOMAS BARNES (City police-constable, 334.) I went with Hearn, Warder, and Trew, to take the prisoners. I believe Hearn and Russell went into the house first—I followed them in, and was within half a yard of them when they entered the room where Long and Simpson were—Simpson sat on the right-hand side—he said, "Ah!" to Russell, and held out his hand—he looked up at him in the face, and drew back his hand—I was in plain clothes, but I believe I was known to Simpson as an officer for a considerable time before that—Russell said, "This is Simpson," pointing round to the right—that was after Simpson drew back his hand—I believe Russell said "Butcher"—I said, "Simpson, you must go along with me, consider yourself my prisoner"—he said, "What for?"—I said, "For j disposing of stolen property"—he got up, I put him outside the door, a cab was called, and I put him inside it—Long was taken at the same time—as we were going in the cab, Simpson said, "I do not exactly understand the charge I am taken for"—I said, "For disposing of stolen property to Barnett, at 60, Broadway"—he said, "I do not know Barnett"—we proceeded to the station-house, in Black horse-court, Fleet-street, where the charge was entered—I then handcuffed Simpson and Long together, and they walked with me to the lock-up in Smithfield—they were talking together, and I heard Simpson say to Long, as they were going up Fleet-lane, "The young b—has had his regulars, and we have always behaved well to him," and he clenched his fist—Long made no answer, but gave him a nudge.
May—Simpson was with him—they were taken to the station-house in Black Horse-court—I heard Inspector Woodruff ask Russell which of the men gave him the order—he pointed to Simpson, and said, "That is the man that gave me the order for Morrison"—Simpson was leaning on the bar at the time—he rose up, and said, "What, me? I never saw you before."
GEORGE WARDLE (City police-constable, No. 325.) I took Barnett—I was present at the station in Black Horse-court when the charge was being made—Russell was there, and pointed out Simpson as the person who gave him a certain order—Simpson was leaning over the bar—he got up, and said, "I don't know you, I never saw you before"—Russell said Long was in company with the others on several occasions—Long said nothing to it.
WILLIAM JONES . I carry on the business of a linen-draper, at Newington-house, Newington-causeway. This paper, on which this order is written, is one of my bill-heads—I do not know the writing under it—I did not write it myself, nor did I authorize anybody to write it for the goods named—I am a customer of Leaf and Co.—I never received these parcels of goods.
Cross-examined by MR. PRENDERGAST. Q. Do you send orders on bill-heads? A. Yes, but if I send it I always sign it—I do not know that I ever saw one sent without being signed—I seldom send orders.
MR. PRENDERGAST to MR. THOMAS. Q. Do you mean to tell us that these orders are commonly sent on bill-heads? A. Yes, just as this is, without anything less or more—they frequently come unsigned, as this is.
(James Cummings, of George-street Bloomibury, gave Long a good character.)
SIMPSON— GUILTY . Aged 25.
LONG— GUILTY . Aged 22.
Transported for Seven Years.
BARNETT— NOT GUILTY .
Before Edward Bullock, Esq.
WILLIAM BENDING . I am a shoemaker, and live in King-street, Holborn. The prisoner was my foreman about eighteen months—it was his duty to collect money from my customers—he has not accounted to me for the amounts of either of these accounts—the receipts to each are in his handwriting—he absconded from my service in June last, and I did not see him again till I gave him into custody.
Prisoner's Defence. He kept back part of my wages to make up the deficiency.
GUILTY. Aged 43.—Recommended to mercy. — Confined Three Months.
Before Mr. Recorder.
MR. RYLAND conducted the Prosecution.
JAMES HALL (police-constable K 336.) On Wednesday, the 21st of May, about half-past nine o'clock in the evening, I was on duty at Dagenham, in Essex, and met the prisoner—he had a bag on his back, with something in it—I passed him, without challenging him—I afterwards turned round, looked at him, and followed him—directly he fonnd I was doing so, he ran off, and ran about 200 yards, or more—I caught him just as he had got one foot within his cottage—I went in after him, and asked what he had in the bag—it was still on his back—he said, a few potatoes that he had had given to him—I told him I must take him into custody—I took him to the station, searched him, and found sixteen potatoes round his body, in his coat pocket, and in his smock frock, which was tucked up—the sack contained sixteen pounds of potatoes—he afterwards said it was no use telling a lie about it, he found them on his road home—I afterwards showed them to Mr. Choat.
Cross-examined by MR. PAYNE. Q. Were you acquainted with him? A. I had seen him before, working about the neighbourhood.
PHILIP CHOAT . I am a farmer, residing at Barking, in partnership with my brother Joseph. The prisoner was in our service three or four years—he is a single man, and had 13s. a week—in May I had some potato clamps on my farm, which was wholly under the prisoner's care and management—the policeman brought some potatoes to me on the Thursday morning—I am certain they were part of my property—they are a Shaw potato—they were grown in the marsh—the prisoner had no authority to carry any away for himself—the same day he was apprehended I found a quantity of the same sort of potatoes in a sack about the premises.
Cross-examined. Q. What is the worth of the potatoes found on the prisoner? A. 1s.—I know these potatoes by the size and look—other persons have Shaw potatoes—a great many are grown in the marshes, but they are some distance from me—my farm is at Barking, which I believe is not within the jurisdiction of this Court—the prisoner was taken at Dagenham, about a mile and a half from Barking—there are marshes between Barking and Dagenham.
MR. RYLAND. Q. Where were these clamps of potatoes? A. Close to the buildings, in the stack-yard, in the parish of Barking.
(The prisoner received a good character.)
GUILTY .* Aged 27.— Confined One Month.
Before Edward Bullock, Esq.
come into the yard—he got into the saw-pit, took four pieces of wood, put them into his bag, and walked out—I followed him, took hold of him, and brought him back to the yard—he told me to let him go, and he would never come to trouble me any more—the pieces of wood were about two inches thick and two feet long—this is one of them.
Prisoner. I picked them up by the river wall.
GUILTY . Aged 25.— Confined Three Months.
1392. BENJAMIN HICKS was indicted for stealing 4 bushels of oats, value 11s.; and 2 trusses of clover hay, 6s.; the goods of James Dyer, his master: and JOHN PEACOCK , for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
JAMES DYER . I live at Woodford-bridge. Hicks was in my employ for ten months—he came to London with a load of gravel on the 19th of May, and my foreman gave him directions to take something back—I was not at home when he returned.
Hicks. Q. You said you would not punish me if I told the truth? A. No, not exactly—on the Tuesday afterwards I asked what he had done with the oats and the hay—he said he had shot the oats, and taken the hay into the loft—I had not told him I would not punish him.
BENJAMIN STOTTEN . I am foreman to Mr. Dyer. I saw Hicks on the 19th of May, and I delivered him, for my master, ten trusses of meadow hay, four trusses of clover, one sack of oats, and two trusses of straw, at my master's stable, in Worship-street—Hicks asked me for them, to take down to my master's country house—I helped to put them on the cart, and I saw him leave with them—I have a sample of oats here, which are the tame as those I put into the sack—I saw some clover and oats afterwards at Ilford, similar to the clover and oats I gave to Hicks—I would not attempt to swear to the clover, as it had been so pulled about, but the oats I think matched very much.
HENRY HOLLINGS . I am one of the servants of Mr. Dyer. The cart came back from London on Monday, the 19th of May, about half-past two o'clock—I helped to unload—it had ten trusses of meadow hay in it, two trusses of clover, two trusses of straw, an empty sack, and a rope.
THOMAS PEARSON (police-sergeant K 32.) I went to the Plough and Harrow, at Leytonstone, on Wednesday, the 21st of May—I saw Peacock—he said he was ostler there—I searched the stable—I found a sack with about two bushels of oats in it, and some clover hay under some straw under the manger—there was a great quantity of horse provender there—I asked Pearson if these things belonged to him—he said, "I believe they do"—after that he said they belonged to some person who had gone up the road with a horse and cart, and who would call for them.
EDWARD BILTON (police-constable K 365.) On the 21st of April I received some instructions, and went with Pearson to the Plough and Harrow inn, at Leytonstone—I found some clover and straw—I saw Peacock—he said he believed the property there belonged to him, and then he said it belonged to some other person—we then took him.
JOSEPH COOMBES (police-constable K 374.) I went on the 20th to take Hicks—on the Wednesday morning, as we were taking him for examination, he said he would tell his master the truth, and that he had sold the two trusses of clover and the sack of corn.
HICKS— GUILTY. Aged 55.—Recommended to mercy by the Jury and Prosecutor. — Confined Two Months.
PEACOCK— NOT GUILTY .
Before Mr. Recorder.
RICHARD BURGESS SCALE . I live at Leytonstone. On the evening of the 12th of June I saw a hamper on my premises—I had expected a hamper from town containing gin, which I bad reason to believe it contained—on the following morning it appeared to have been opened, and nine bottles were missing—there were only three remaining out of a dozen—each bottle contained about a pint and a half—they are what are called quart bottles in the trade—about six of them hold a gallon—I gave notice of the robbery—I think the hamper had come to me on the 4th of June.
HENRY HUTTON (police-constable K 60.) I received information from Mr. Scale that some bottles of gin were stolen from his house—I traced some footmarks leading from Mr. Cotton's shrubbery through some high grass to a holly bush, where I discovered a small hamper, and a few steps further on I found eight bottles of gin covered with dry leaves and bushes—this is one of the bottles—I have compared this with the bottles in the hamper—when I had discovered these I remained on the watch till about four on Saturday afternoon, 14th June—I then had a hint that some persons were near the spot—I concealed myself, and saw Abraham Chapman and Williams come and get over the fence—they went to the spot, kneeled down, and removed the leaves—one of them, who I believe was Abraham Chapman, said, "Here is only one bottle, we are done"—I and Dennett then rushed out, and pursued them into the forest—I took Abraham Chapman—I told him I took him on suspicion of stealing some gin—he said he knew nothing about it—Williams escaped at that time—I found on Abraham Chapman nothing connected with this robbery—the one bottle which they said was left was drawn out from the leaves, and was rendered visible—as soon as they saw that they said, "Here is only one bottle, we are done"—they came over the fence, went directly up the walk, and turned to the spot where the bottles were.
JOHN DENNETT (police-constable K 69.) I was with Huttoo when Abraham Chapman and Williams came there, and jumping over the fence in pursuit of them—I saw Thomas Chapman concealed against a little bush under a brick wall, twenty or thirty yards from where the gin was hid—I afterwards took Williams at Bow—I found on him this piece of brass, and Hutton found some brass near where the hamper was.
JOSEPH BENTON (police-constable K 381.) I saw the prisoners at Globe-bridge, Mile-end, on Saturday, the 14th of June, at eleven o'clock—I followed them from five to six miles—I then went to the officers who were concealed in the shrubbery—Williams and Abraham Chapman came
exactly to the spot where the gin laid—Abraham Chapman stooped down, and said, "Here is only one bottle, we ate done"—Thomas Chapman was behind the other two, he jumped over the fence again, and laid down behind the wall with a basket in his hand—I took him.
Thomas Chapman. I had a screw hammer with me; I was going bird's nesting. Witness. He had this screw hammer, which is used to take down bells with, and this sharp instrument, which is used to star the glaze with.
COURT. Q. Did the prisoners come far enough to see this one bottle? A. Yes—they took it, and dropped it immediately—it was a complete shrubbery—anything might fall without being broken.
Williams. Q. How can you swear to me? A. I know him by his drenand appearance—I know him very well—he was dressed as he is now.
COURT to MR. SCALE. Q. Have you any of the other gin to compare these bottles with? A. No—the bottles were exactly the same as these—the gin came from Day and Clarence's—I wrote for a dozen bottles—the hamper had been cut open—the cork of this bottle produced has not been drawn—the word "gin" is stamped on the corks.
NOT GUILTY .
Before Mr. Recorder.
GUILTY. Aged 11.—He received a good character, and was recommended to mercy. — Confined Seven Days.
1395. WILLIAM JOHN WRIGHT was indicted for stealing, on the 13th of May, 1 measure, called a size-stick, value 2s. 6s., the goods of Charles William Hewitt, from his person, and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Confined Nine Months.
Before Edward Bullock, Esq.
1396. MATTHEW KENNEDY was indicted for stealing, on the 15th of May, at Greenwich, 1 coat, value 2l. 10s.; 2 waistcoats, 1l. 19s.; 4 handkerchiefs, 12s.; 1 pair of trowsers, 15s.; and 1 watch, 12s.; the goods of Francis William Ward: 1 shawl, value 1l.; 1 pair of boots, 5s.; 1 3d. piece; 1 half-crown, and 6 shillings; the property of Martha Apark: 1 table-cloth, value 2s.; 1 towel, 6d.; 5 knives, 1s.; and 5 forks, 1s.; the goods of Philip Langford, his master in his dwelling-house; to which he pleaded
GUILTY . Aged 26.— Transported for Ten Years.
1397. EDWARD BASSETT was indicted for stealing, on the 10th of June, at Woolwich, 1 watch, value 4l.; 1 watch-guard, value 10s.; 2 sovereigns, and 1 half-sovereign; the property of Henry Marlow Hilton, in the dwelling-house of Thomas Baker; and that he had been before convicted of felony: to which he pleaded
GUILTY .— Transported for Ten Years.
Before Mr. Justice Patteson.
NOT GUILTY .
NOT GUILTY .
GUILTY .— Confined Eighteen Months.
Before Edward Bullock, Esq.
WILLIAM POCOCK . I am a coachmaker, and live in Paradise-street, Finsbury. On the 13th of May I was at the Railway-station at Greenwich, at about twelve o'clock—there were a great number of persons collected about me, and the prisoner Dodson had his arm projecting in my face—I asked him to be so kind as to remove his arm—he said it was almost impossible he could in such a crowd—the side of his arm was towards my face—he then passed his arm over my cravat, and as soon ai he removed it I found my pin was gone—it was a union-pin, two small gold pins and a chain—I had seen it safe not a minute previous—I saw him pass his hand towards the other prisoner—I charged Dodson with taking the pin, and collared him immediately—the policeman came up, and I gave him in charge.
JOHN CARPENTER (police-constable R 84.) I saw the prisoners together at the railway station—I saw them try a gentleman's pocket—I then saw them go to the prosecutor, one on each side of him—I saw Dodson take a pin from his cravat (I was then in front of him,) and he passed his band to Trinder, who put up his hand, and at that moment the prosecutor seized Dodson—I am quite sure I saw the pin in Dodson's hand, it was directly under a gas-lamp.
WILLIAM PAYNE . I was in company with the prosecutor—he spoke to me about his pin, and I assisted in taking the prisoners—I saw the pin in the prosecutor's cravat five or six minutes before—there was a great crowd there.
Dodson's Defence. There were a great many people waiting for the door to be opened; I was not in company with this prisoner; the moment the door was opened, I was pushed back two or three yards: the prosecutor then came and struck me a violent blow in the face, which broke my nose, and then he kicked me as I was down; the policeman came and took me.
Trinder's Defence. I had sold out my oranges, and was going back by the train; I saw this man struck in the mouth, and I said it was too bad to strike him; the policeman came up, and said he saw him give me something I told him to search me.
DODSON— GUILTY . Aged 32.
TRINDER*— GUILTY . Aged 33.
Confined Six Months.
Before Mr. Common Sergeant.
1402. GEORGE BELL was indicted for stealing 3 door-locks, value 2s.; 2 keys, value 6d.; 1 brass cap, 2d.; 360 iron screws, 3s.; 13 brass knobs, 1s. 6d.; 33 brass scutcheons, 1s.; 7 iron buttons, 6d.; 2 pails, 4s.; and 168lbs. weight of nails, 1l. 10s.; the goods of George Cole and another, his masters.
THOMAS COOK . I am foreman to Mr. George Cole and his brother, they are building in Clarence-street, Greenwich; the prisoner was employed there by them. On the 17th of May I was in the store-room—I missed nothing then, but on the Monday following I missed knobs and screws, and other things—I believe the whole of the property produced is my masters', but I can swear to these two locks.
Cross-examined by MR. HOREY. Q. You superintend the building of these houses? A. Yes—these locks had been on the shelves for six weeks, and one was without a key—I am sure, these two locks were on the shelves.
WILLIAM TOOKEY . I am a marine-store dealer—the prisoner brought all this property to me—he wished me to look over the things, while he got his tea, and let him know what they were worth—I called the policeman in—he was there when the prisoner came in, and took him—he had been to me about a week before with similar property, and I refused to purchase it—he said he had bought these things for his brother, they were all the wrong sort, and he wanted to sell them.
Cross-examined. Q. How many pails have you made since? A. None—I can swear to my own work.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Six Months.
MATTHEW HUTCHINSON . I am a labourer, and live in New-row, Deptford. On Monday, the 9th of June, I left my saw and chopper in my own cellar—I lost them—the cellar was not locked nor bolted—the flap opens to the street—this is my saw and chopper—here is my name on the saw.
THOMAS WILLIAM COPE . I am shopman to a pawnbroker at Rotherhithe. On Tuesday morning, the 10th of June, the prisoner came with this saw and chopper—he wanted half a crown for them—I asked if they were his own—he said, yes, he lived at Deptford; he had got a job at Kotherhithe, and wished to leave his tools till the next day—he gave the name of John Hutchinson—I lent him the money—I am sure he is the man.
Prisoner. I told him they were Matthew Hutchinson's.
GUILTY .*— Aged 22.— Transported for Seven Years.
THOMAS WILCOX . I am a broker, and live in Charles-street, Deptford. These bracket, bolts, hammer, and other things, are mine—they were in a shed at the back of my premises—I missed them on the 31st of May—I am sure they are mine. WILLIAM HORNE, Jun. At half-past five o'clock in the morning, on the 31st of May, I was going up stairs—I looked out at the window, and saw the prisoner come out of Mr. Wilcox's shed with a bag on his back—I knew him by sight.
WILLIAM HORNE . Iam the husband of Ann Home. I was spoken to—I got up and dressed myself—I went to the front door of the unfinished house—it was fastened—I went to the back door, and heard some iron drop—I got in and saw the prisoner—I said, "Now, my lad, I have caught you"—he bolted out of the front door, and I after him—he was taken.
GUILTY .** Aged 16.— Confined One Year.
WRIGLEY pleaded GUILTY .— Confined Three Months.
WILLIAM HEMMINGS . I am foreman to Mr. Samuel Hemmings. He had some lead on the 30th of May, in an out-building, belonging to Merton College, Blackheath—I received information, and missed it—the policeman brought it to me—it was the lead that had been in the shed, and was then missing—Wrigley had been employed there, but was discharged the Wednesday before.
Broadhurst. Q. Was I with him? A. Yes, you were talking together—when I stopped you, I said, "My lads, what have you?"
Broadhurst. I did not know it was stolen; he told me he was taking it to his master's yard.
BROADHURST— GUILTY . Aged 20.— Confined Three Months.
1406. JOHN JONES was indicted for stealing 1 coat, value 8s.; 1 scarf, 1s.; 1 waistcoat, 2s.; 1 pair of stockings, 6d: 1 pair of gloves, 6s.; 1 razor, 6d.; and 1 razor-strop, 6d.; the goods of Thomas Allen.
THOMAS ALLEN . I am comedian, and live in Bagnigge-wells-road I was attending a show at Deptford fair on the 19th of May, and about eleven o'clock at night I missed a blue bag, which was on the stage, and contained the coat and other articles stated—they are now here, and these are them.
WILLIAM FULLER (police-constable M 244.) I met the prisoner with these articles in Union-row, Rotherhithe, on the 19th of May, at near twelve o'clock at night—I asked what he had got—he said a coat that his father had pawned at Deptford about a month before.
Prisoner. A chap gave me the bag, and told me to take it to West-street, London, and then he ran away.
GUILTY .* Aged 14.— Confined Six Months.
EDGAR AUGUSTUS GLOVER . I am servant to the Army and Navy Club, in St. James's-saquare. I was at Greenwich fair about the 13th of May—the officer came, to me, and I missed my pocket-handkerchief—this now produced is it.
JOHN WHITE (police-constable R 180.) I was at Greenwich fair on the 13th of May, about ten o'clock at night—I saw the prisoners in company together for about half an hour—I saw them go and close in behind Mr. Glover and another gentleman who had hold of his arm—I saw Yorke put-his hand into Mr. Glover's pocket, and take out something, but, being dark, I could not see what it was—they all three walked away together—I told Mr. Glover I thought he had been robbed—he said, "I have lost my handkerchief"—I went with assistance, and took the prisoners, who were all together, into custody—I found a white handkerchief on Yorke—Mr. Glover said, "If it is mine it has a D on the corner," which it has—I found this other handkerchief on Council, and another round his neck.
JOHN CARPENTER (police-constable R 84.) I saw the prisoners at the fair—from about half-past eight o'clock they were all together—I saw them go on several occasions behind gentlemen—Yorke and Middleton tried several gentlemen's pockets—I saw them for three-quarters of an hour—I found on Middleton this handkerchief, which I produce, tied round his waist, under his shirt.
Middleton. I bought it for 2s. of a countryman in the Borough-market, where I work.
Council. I bought this largest handkerchief of a young man, and the other of another person.
Yorke. I saw the handkerchief lying down; I took it up, and put it into my pocket; I told the officer to ask a woman if she did not see me pick it up, and he would not.
MIDDLETON— GUILTY . Aged 19.
COUNCIL— GUILTY . Aged 22.
YORKE— GUILTY . Aged 19.
Confined Six Months.
SAMUEL SMITH . I am a shoemaker, and live in Powis-street, Woolwich. On the 17th of May the prisoner came and asked me for some boots and shoes for her mistress—she took some away, brought them back, said some fitted, and that she wished to exchange the others—I gave her three pair of shoes and two pairs of boots—she said she was servant to Mrs. Lett, and I gave her them to take to Mrs. Lett—she was to have brought them back if they were not approved of—she said she only wanted one or two pairs—one pair was found on her feet—this is one pair of the boots I gave her—they are the property of my sister, Elizabeth Dodd.
Prisoner. Q. Do you say I am the person that pawned them? A. Yes, you are.
Prisoner. He gave me five pairs; I said I did not want five, only two; I put them on the shelf; he gave them to me agnin; I said, "I will bring the money by and by;" I said I came from Mrs. Lett.
(The prisoner received a good character.)
GUILTY. Aged 15.—Recommended to mercy. — Confined One Month.
HENRY EDWIN JAGGERS . I keep the Artillery Canteen at Woolwich, and the Queen Victoria—the prisoner was my pot-man at that house, and from information from Mrs. Lyon, who manages my business there, I got an officer who went with me, and I gave the prisoner into custody.
ELIZABETH LYON . I manage the business at the Queen Victoria—at a quarter past eleven o'clock at night, on the 16th of May, I counted my money in the parlour—it amounted to 15l. 5s.—I then went in the bar to get rid of two customers—I came back in five or ten minutes, and missed 22s.—to the best of my belief there was a crown amongst it—there was chiefly half-crowns—there were both shillings and sixpences—it was Mr. Jagger's money.
Cross-examined by MR. PAYNE. Q. How many persons were in front of the bar? A. Two, but they had no access to the bar parlour—they were soldiers—there was no person in plain clothes except the prisoner—it was about a quarter or twenty minutes past eleven o'clock—my cousin, Reeves, was with me when I counted the money—I did not do anything that night, but the next morning I sent for the prosecutor.
LOUISA REEVES . I live at the Queen Victoria—I was there that night, and about a quarter past eleven o'clock I heard some money rattle in the parlour, and saw the prisoner going out of that room—I am sure it was him—he had no business there.
Cross-examined. Q. There were other persons in the house? A. Yes, the servant and two soldiers, but they had no access to the bar parlour—I saw a man go out of the parlour as I entered it—I said that must have been
the prisoner, because there was no other man in the house—the prisoner was taken between eight and nine o'clock the next morning.
JAMES PARRY (police-Sergeant R 8.) I took the prisoner on the following morning—he had two half-crowns, three shillings, and sevenpence in copper—when I went into the bar parlour the prosecutor sent for the prisoner, and I asked him what he did in the parlour the night before—he said he was in the parlour but once, and that was to carry the breakfast things in one morning—I said, "Mr. Jaggers charges you with stealing money; let me see what money you have"—he gave this money to me—I said, "Mr. Jaggers, it lies with you"—the prisoner said, "I will make up the money, I would rather do that than be locked up."
Cross-examined. Q. You said, "What money have you?" and he took out the two half-crowns and 3s. 7d.? A. Yes, he said it was his own, and Mrs. Lyon said, "How can that be when you borrowed a shilling of me to give change with?"—he said, yes, but he had been home and got some money, which had been brought from Bath—he said he had nothing to do with the money, but he would sooner pay it than be locked up, or words to that effect.
MR. PAYNE called
WILLIAM ASHBY . I am the prisoner's father—I was a publican for twenty-six years in Bath—my son was living with me there till we came away, about nine weeks ago—I know he had some money which he brought up from Bath, and the girl knows that he had it—Mrs. Lyon swore on the Saturday morning that there were no other persons there, and there were three more there.
JANE LAWRENCE . I lived with Mr. Ashby in Bath, and came up with him to London—I saw the prisoner on the Wednesday before the Saturday on which he was taken—I was going down the town—he asked me to go and have something to drink—he pulled out three half-crowns, two shillings, or sixpences, and some coppers.
NOT GUILTY .
GUILTY . Aged 28.— Confined Six Days.
Before Mr. Recorder.
EDMUND CANN . I live with my mother, Sally Cann, at Woolwich—she washes for the Ordnance department—we have missed a number of counterpanes which were entrusted to her to wash—John Lloyd was in her employ—on the 24th of May, when I missed the counterpanes, I was looking for them, with the assistance of John Lloyd, and several others; and while so doing, I saw John Lloyd with this remnant of one of the counterpanes in his hand—he was trying to conceal it from ray sight, and then threw it down—I took it up immediately—it has the mark of the Board of Ordnance upon it—I found three other pieces, with the same mark, con-cealed in a bag containing cloth, which was in the store-room, where the counterpanes are before they are washed—John Lloyd had access to that room, and to the counterpanes—he had no particular charge of them—I can speak positively to having lost twenty-six counterpanes.
John Lloyd. Q. Did I try to conceal that piece? A. Yes—I never saw you steal anything, or take anything off the premises—Bridget Lloyd had nothing to do on the premises.
GEORGE STEVENS . I produce five counterpanes, from Mr. Davis, a pawnbroker, at Woolwich—four of these were pawned by John Lloyd on the 11th of Jan., 3rd of Feb., 26th of March, and 22nd of April; and one by Bridget Lloyd, on the 24th of Dec. last.
John Lloyd. Q. Did I pawn them? A. Yes—I can swear to you.
John Lloyd. You asked me if I knew what I was taken for; said, "About the counterpanes;" you said, "Yes," and I said I knew nothing about them.
EDMUND CANN re-examined. I know all these counterpanes—some have had a piece removed from them, not all—we have sometimes 200 of these to wash—if these had been taken all at one time they would have been missed—I cannot point any one day on which I lost any—on the 24th of May I was looking at the counterpanes for the purpose of having them washed—I found there was not a sufficient number—I was searching for them, and John Lloyd was assisting me—these counterpanes are of the same description as those my mother was in the habit of receiving to wash for the Ordnance department—they are all of the same quality and make—the whole of them are not the same pattern, but they are the same description, and the same as we were in the habit of constantly receiving—here are sixteen produced—I can speak to having lost twenty-six—one of these has "B. O." and the broad arrow on it—it has been rubbed over with dirt, but I am satisfied this is one we have been in the habit of receiving to wash—this was pawned by a female, on the 24th of Dec.—I believe they have all had pieces taken off them but this one—I believe these have all been sent to us, and are Ordnance counterpanes.
John Lloyd's Defence. I did not pawn that on the 2nd of May, nor one-half that the pawnbrokers have shown against me; as to the two my wife pledged, she is innocent; I fetched them home, and told her they belonged to a woman who took in washing in London, and wished her to pawn them; I beg mercy of the Court for the sake of my wife and child.
JOHN LLOYD— GUILTY . Aged 29.— Confined One Year.
BRIDGET LLOYD— NOT GUILTY .
Before Mr. Common Sergeant.
It being the property of George Sutton, and stolen from the person of Ann Sutton, the prisoners were
Before Mr. Common Sergeant.
1413. JOHN GORDON was indicted for stealing, on the 29th of May, 1 pair of boots, value 7s., the goods of Martin Forestall: and 1 penny and 1 halfpence, the monies of William Smith; to which he pleaded
GUILTY Aged 42.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
ROBERT BRADFORD (police-constable M 101.) On Friday, the 9th of May, about eight o'clock in the evening, I was in company with Moy, another officer, in the Borough, going towards London-bridge, and met the prisoner coming in a direction towards the Elephant and Castle—I saw that his pockets were very bulky, and suspected him—we followed, and Moy stopped him—I took fifteen silk handkerchiefs out of his pocket at the station, also a piece of ribbon, some socks, and a pair of lady's stockings—I asked him where he got them from—he said they were his own, and he had come from Norwich—they are new—Mr. Evans was shown some of the articles found on the prisoner.
Cross-examined by MR. PRENDERGAST. Q. Where was it you first saw him? A. Turning the corner of Blackman-streett or High-street, right opposite the church—I saw him before Moy—he said at the station that he would not tell me where he got them from.
JOHN MOY (police-constable M 297.) I was in company with Bradford on Friday evening, the 9th of May, and saw the prisoner—we followed him—after some time Bradford went ahead—I still followed the prisoner—I came up with him at the end of Trinity-street or Suffolk-street—as soon as he passed Suffolk-street he turned round, and crossed the road to a female who was on the other side of the way, and they went on in com-pany to near the corner of Horsemonger-lane—I had observed his pockets bulky before he crossed to the female—they turned into Horsemonger-lane—I followed them—the prisoner left the female, and went to a man who was walking a short distance before them who I had not observed before, and the female followed them in the direction of the gaol—I went up to the prisoner and asked him what property he had about him—the man who was in his company immediately left him, and went one way, and the female turned round and went up Swan-street—I asked him what property he had about him—he said what business was that of mine, where was my authority for asking him that—I said I was a police-officer, and I suspected he had got something wrong—he said what he had got was his own, it was no business of mine, and I should not search him—Bradford came up, and we took him to the station, searched him, and found the things now produced.
TIMOTHY EVANS . I am a hosier, and live in Gracechurch-street. On Friday afternoon, about three o'clock, a woman came to my house, and bought two silk handkerchiefs of different patterns, and some children's socks—I showed her the piece of silk handkerchiefs produced, with others, while she was in the shop—she refused the pattern, but I did not miss it till the officer brought it—I find one of the handkerchiefs I sold to the woman among those produced—I know it by the pattern, and there socks I believe to be the same—there is no shop-mark on them—I cannot swear to them—these other two silk handkerchiefs, and these five, also belong to me—we had them in the shop at the time the woman was then—I have missed them since—there is a shop-mark in my handwriting—I never saw the prisoner till I saw him in custody, that I know of.
Cross-examined. Q. They are common patterns? A. They are open patterns—other shops may have them.
JOHN HARRIS HALL . I am the son of Thomas Hall, a linen-draper, in Bishopsgate-street. On Friday evening, the 9th of May, a female purchased a handkerchief at our shop—she was a respectable country-looking woman, rather tall, from thirty-eight to forty years of age—the was dressed in a light dress, and black satin shawl—she was a fresh-coloured, rather good-looking woman—I have here some remaining hand-kerchiefs of the same pattern as the one she bought—next day the con-stable came to me, and produced some handkerchiefs and other things-among them I found some which I knew had been in my father's shop a few days before—they had not been sold—there are eleven altogether—this is the one she bought—a variety of pieces were shown to her.
JOHN MOY re-examined. It was a woman of the description Mr. Hall has given as regards age and appearance, but she bad a green plaid cloak on—I should call her a middle-aged woman, between thirty and forty—I had no occasion to look at her face, I had seen her so often before—I did not stop her, because she did not appear at all interfering—I suspected the prisoner from being in her company—she has never been seen since-we were in plain clothes.
MR. EVANS re-examined. I cannot say whether she had a cloak or shawl on—she was a fair fresh-coloured woman.
GUILTY . Aged 24.— Transported for Seven Years.
(There was another indictment against the prisoner.)
Before Mr. Recorder.
1414. PHILIP DAVIS, WILLIAM BERRY, FREEMAN YALDEN , and THOMAS BERWECK , were indicted for feloniously breaking and entering the dwelling-house of George Phillips, on the 15th of May, at Streatham, and stealing therein, 1 watch, value 1l. 15s.; 1 pencil-case, 4s.; 1 cannon, 3d.; and part of a purse, 1d.; his property; and that Davis had been before convicted of felony; to which
DAVIS pleaded GUILTY . Aged 14.— Transported for Seven Years.
GEORGE PHILLIPS . I have a house at Streatham-park. I left the house on Wednesday, the 14th of May, at one o'clock, and locked it up with-out anybody in it—I returned about half-past four o'clock in the afternoon on the next day, and saw an entrance had been made in one part of the window, and an attempt made at another—a pane of glass was taken out of the first floor window to enable a boy to get out, and an attempt hud been made at the back window—there was a stain of blood at the back and front windows, on different parts of the staircase and in different parts of the room there were marks of blood, and on the paling where they
had got over—on entering the house I found it in confusion, boxes broken open, packages opened, and a nest of drawers—among other things, I lost a watch, a metal purse, a toy cannon, and silver pencil-case—they were afterwards produced at the station.
Yalden. About half-past one o'clock the following day Davis asked me and Berry to go to Clapham with him; I went; I was taken next day; the policeman asked me if I had been led into it, but we said we knew nothing about it, be swore before the Magistrate we said we had been led into it, but I never said so; Davis gave me a pencil-case; he said he found it in the road.
SAMUEL FERRIS (policeman.) I know the four prisoners well—on Thursday, the 15th of May, I saw Yalden, Berwick, and Berry in company together, about five o'clock, about one third of a mile from the prosecutor's house.
Beswick. It is false; I was in London at the time. Witness. I am certain of him—I have known them all many years, and at six o'clock in the evening I was on duty about a mile from the place, and he came out of a field to me to attend to a boy who was in a fit—I went with him, and they were all three together then.
EDWARD DUVAL (policeman.) I received information that a watch was offered in pawn at Clapham, about half-past two o'clock on Friday, the 16th—I went to the pawnbroker's, and saw the prisoner Davis by the shop—I saw him put the inside of the watch into his pocket—I took him, and asked where he got it—he said his father gave it to him to pawn or sell—I found this cannon in his pocket—I saw the fore-finger of hit right hand very much cut, and the blood dried on it—I examined Mr. Phillips's house, and found marks of blood on the windows.
GEORGE PRICE . I am a bricklayer, and live at Clapham. I know Beswick—I saw him in company with Davis on Friday, the 16th, about half-past two o'clock—Davis came into Marshall's, the pawnbroker's, and offered the case of a watch in pledge—the pawnbroker said he was not old enough by ten years, and would not take it—he came out, and asked Beswick, who was waiting outside, for the guts of the watch—Berwick gate it him from his pocket—it was the watch now produced.
Beswick. There was a Jew outside wanted to buy it; he gave it to him first, then gave it to me; the Jew wanted to see if it was gold or not.
GEORGE MARGUARD (police-constable V 197.) On Friday, the 16th of May, I heard of this robbery, and in consequence of information I went to Tooting, and saw Berwick playing with several boys—I told him I wanted him for being concerned in a robbery at Mr. Phillips's—he said he knew nothing about it, but Davis bad asked him that afternoon to go to Clapham, took him to the pawnbroker's, and gave him the inside of the watch to hold while he went in, that he came out again, and asked him for it—he gave it him—I took him to the station, and found in his pocket this part of a chain purse.
Berwick. I got that honestly; I could have thrown it away, but would not.
EBENEZER FENTOM . I live at Lower Tooting, and am in the employ of a Mr. Restall, a watchmaker and jeweller. On Friday, the 16th of May, the prisoner Yalden came to our shop with a pencil-case—this is it
—he asked me if it was silver—I said "Yes"—he asked what it was worth—I looked at it, tried it, found it was silver, and told him about 4d.—I took the stone out—it was of no value—I told him he might have it, and asked if he would take 4d. for the silver—he said "Yes," and told it to me—it was whole when he sold it—I gave it to master—it is at silver—I produce part of it.
Yalden. You said it was not all silver. Witness. The whole watim silver, but the shell round it is silver—the inside is always brass—it was in two pieces when I gave it to master—the other part had a little ring round it, which was not silver—I do not know where the other part is.
WILLIAM SELBY EDMET (police-constable V 179.) I heard of this robbery, and went to Lower Tooting, and apprehended Yalden and Berry—I took Yalden first, and told him what for—he said he had nothing to do with going into the house, that he waited in the field till they came bad to him—I told him Berwick and Davis were charged with him, and that they were in custody—Berry said he knew nothing about it, he was led into it.
Yalden. He kept asking us along the road if we had anything to do with it; we said we knew nothing about it; we did not know what the charge was; he asked how Davis cut his finger; we said we did not know. Witness. I did not ask about Davis's finger, but after the examination one said to the other, "Davis showed us how he cut his finger when they cant out."
Beswick's Defence. I said I went to Tooting at half-past two, and west to town, and then came down.
GEORGE BERWICK . The prisoner Berwick is my son—he was at work till one o'clock on the day of the robbery, the 16th, he came home and walked himself, and was at home till twenty minutes past two, then went to town—it was Thursday I am speaking of—it was the day the robbery was committed—it must have been the 17th, for it was Thursday—I cannot exactly say the day of the month—he was taken into custody on the Friday evening—he was at work at a gentleman's house till one o'clock on Thursday, then came home to dinner, and cleaned himself—I did not see him go to town—I did not see him again till about eight o'clock in the evening, when he came home—he went to bed, got up, and went to work on Friday till one o'clock, and went to Tooting to take a newspaper for my son to Mr. Flood—I did not see him again till he was in custody—I live about a mile and half from the prosecutor's.
MR. PHILIPS re-examined. This is my watch—I know this piece of chain is part of my purse—these small rings were left behind, and they correspond—I am satisfied the chain found on Berwick is part of the purse I lost.
Beswick. These little rings were taken from me as well.
MR. PHILLIPS. These small ring's were left behind in my drawer—I know this cannon—the pencil was complete when I lost it—this other chain which is now attached to the watch, was not on it when I lost it, but I believe was in one of my drawers, but I am not positive of it.
YALDEN, BERWICK, and BERRY— NOT GUILTY
GUILTY . Aged 10.— Confined Two Months.
GUILTY . Aged 13.— Confined One Month.
Before Mr. Baron Platt.
NOT GUILTY .
Before Edward Bullock, Esq.
1418. EVELYN AUSTIN NORTON, alias Evelyn Norton , was indicted for feloniously assaulting Hannah Norton, on the 26th of May, and cutting and wounding her in and upon her head and right arm, with intent to do grievous bodily harm; to which he pleaded
GUILTY . Aged 50.— Transported for Fifteen Years.
CHARLES ARCHER. I am an iron-merchant, and live in Walcot-square, Lambeth. Between twelve and one in the morning of the 17th June, I was standing at the entrance of Vauxhall Gardens—there was a crowd of persons assembled to see the company come. I missed my pocket-book from my right coat pocket—I had seen it safe within five minutes—I turned round and saw the prisoner close behind me, with my pocket-book in the waistband of his trowsers—I took it from him—my brother was with me, and assisted me in taking him—I gave him in charge—this is my pocket-book—it contains some duplicates, and several memorandums.
JOHN MALCOLM ARCHER . I am the prosecutor's brother. I was with him at the Vauxhall Gardens Gate—he said he had lost his pocket-book—I saw him turn round, and saw the prisoner—he stood immediately behind aim—I saw my brother take the pocket-book from the waistband of the prisoner's tiowsers—we secured him.
Prisoner. I am not guilty; I beg for mercy.
(The prisoner received a good character.)
GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
WATSON STAFFORD . I am a chandler, and at the time in question, lived at 11, Galway-street, St. Luke's. I opened my shop there on the 24th of Dec—on the 22nd the prisoner came and represented himself as a traveller for the firm of Messrs. Simmons, who keep an emery warehouse in Ironmonger-row, St. Luke's—I did not know there was such a firm—I gave him an order for some black lead, which I desired him to bring on the 23rd, but he did not bring it till the 24th—early that morning a woman came for a bundle of wood, for which she paid me a halfpenny—she returned in a short time, and asked if I had any emery paper—I had none
—the prisoner afterwards brought me the black lead which I had ordered I paid him for it—while he was there, the woman who had been before came in again, and asked if I had any black lead—I told her I had, but if she had been a minute sooner she would have been too soon; for that gentleman, meaning the prisoner, who stood behind her, had that moment brought the lead into the shop—I then undid the packet of lead that was on the counter—she said she did not mean that lead, she meant limp lead—I said I had not got any, but I would get her some—she said she used a great quantity of lump lead, and a great quantity of rotten-stone, and likewise emery paper, she used as much as 12lbs. each week—she said she was a stranger about there, but if I would oblige her by getting it for her, she would be a good customer to me, not only in those but other things—she put her hand in her pocket, and produced a piece of rotten-stone and a piece of lump as a sample—she said she paid 10d. a pound for the lump lead, and 1s. a pound for the rotten-stone—the prisoner was there all the time—she ordered 12lbs. of each—I asked the prisoner if they kept it at their warehouse, he said, "Yes"—I said, "You hear what this lady says; can you let me have it by the time"—she wanted it at three o'clock—he said he could—I said I was not acquainted with the articles, nor did I know the value of them, or wbat they were used for—after the woman left, the prisoner turned to me and said, "You have a d——d good customer there," meaning the woman—I asked him what it was used for, he said, "It is used for doing the backs of these little penny looking-glasses, that they hawk about the streets"—I told him I was not acquainted with the things, but if Mr. Simmons would supply me as reasonably, and with as good an article as he supplied to other persons, as he lived near, I might as well deal with him as any other person—I then gave him an order for 14lbs. of rotten-stone, 14lbs. of lump lead, and four quires of emery paper—he returned in twenty minutes or half an hour, with a boy carrying the articles in a sack—he brought them into the shop, and dismissed the boy—the packages were in large brown paper bags—he then produced this bill, and one of Mr. Simmons's cards with it, and said either Mr. Simmons was not at borne, or he was in a great hurry, and he had made the bill out in his own name, but it did not signify—I laid, "No, I don't suppose it signifies, so long as you get the money;"—at the bottom of the bill I perceived the words, "Received same time"—I paid him 1l. 2s. 10d.—one sovereign, 2s. 6d. and 4d. in halfpence, aud he then put "W. Webb" at the bottom of the bill, and went away—I never saw him again till he was in custody—finding the woman did not come for the goods, I went to Mr. Simmons, and made some inquiry—I then opened the parcels, and found only 2lbs. of rotten-stone and lump lead, instead of ten—I gave the prisoner the money, believing he was, as he represented himself to be, a traveller to Mr. Simmons, a respectable manufacturer—being pushed for time, by the woman giving the order for three o'clock, and not knowing where to go for the things, of course I gave him the order.
HENRY SIMMONS . I live at No. 12, Ironmonger-row, St. Luke's, and am a dealer in rotten-stone, black lead, emery paper, &c. I have seen the prisoner once at my shop, about Christmas time—he was not in any employ at all as a traveller, and was never authorized by me to sell things on my account—I have examined the rotten-stone and lump lead, which is here—I am not aware that it ever came from my house—the things
altogether are not worth more than 6s. or 6s. 6d.—certainly nothing like 1l. 2s. 10d.
HENRY JAMES RHODES . I reside at Richmond, in Surrey. On Wednesday, the 2nd of April, the prisoner came to my shop—I did not know him before—he said he had come down from London, for the benefit of him wife's health; and he came to me to know if I sold blak lead—I said, "Yes," and showed him some—he said that was not the sort, it was the lamp lead he wanted—I told him I had not got any—he asked if I had got any rotten-stone—I told him I had not—he asked if I had any emery powder—I said, "No"—he said he was a stranger in this part, and asked if I could get them for him—I said, "I don't know, very likely I can"—he said he wanted 28lbs. of emery powder, and 14lbs. of lump lead—he had several articles from me at the time—my wife was present—she is not here—the prisoner then left—I went out, leaving my wife in charge of the business, and on my return, she showed me this circular, which a person bad left during my absence—she told me what she had done—next morning, the 3rd of April, a person brought 14lbs. of lump lead, and 28lbs. of emery paper, and handed me this bill, which amounts to 2l. 0s. 10d.—it was receipted—I paid that person, and he weut away—after he was gone the prisoner came again, and saw the things weighed, which the other man had brought—he said I had got them very punctual to time, and asked if I could get him 28lbs. of crocus powder—I said I did not know, that the person who had brought the things had gone into the town for orders, and would call as he came back, and I did not koow whether I could get the crocus powder from him, but I would ask him about it—the prisoner said if I could get it by one o'clock for him, and make out the bill, he would come and pay it, and fetch the things away—the man that brought the goods came again, and I mentioned it to him, and gave him an order—he afterwards brought something for Spanish brown, and I paid him 1l. 8s.—I added that to the other bill, and paid him 3l. 8s. 10d.—I know I gave him two sovereigns—I saw no more of the prisoner.
Prisoner. I never saw Mr. or Mrs. Rhodes till I saw them at the Police-court.
MARY DERMER . I am the wife of Thomas Dermer; we did live, at No. 6, Brighton-terrace, Brixton, but have moved. We opened a shop there on Saturday, the 19th of April, for my brother, Henry Butt, who is in the general line, and lives in Wheeler-street, Spitalfields—a person, not the prisoner, came to the shop for half an ounce of tobacco—served him—soon afterwards a woman came in, she went away again, returned in a short time, and bought a sheet of emery-paper—she handed me a slip of paper with a list of articles that she wanted—about half an hour after she had left a man came—I afterwards saw the prisoner—he brought a second lot of goods, which I had ordered of the other man—he said he brought them from Jones and Co., of St. George's-road, Southwark—he gave me this bill marked C—the amount is 2l. 4s. 4d.—I said I did not want the things that day, and he took them away again—he brought them back in a few minutes, and said he would not trouble to take them away, as there were more parties in the firm it would make a confusion, therefore he would call again for the money—he wished me to pay a part of it, and I gave him a sovereign—he gave me a receipt on the bill, and went away—the party who had ordered the things did not corae for them, and when
another traveller came in, the goods were opened, and were not genuine-the prisoner came again on the Monday morning for the balance—I told him I had been to ascertain whether there was such a place as Jones and Co., and there was none, and that he had overcharged me for the goods; they were not what they were represented to be—he said yes, they were, and there was such a place as Jones and Co.—I had been, but could not find it—I did not pay him the balance—he ran away—I sent my brother after him, and he brought him back—a constable was sent for, and he was given into custody—I have never seen the woman since—the money I gave the prisoner was my husband's.
HENRY BUTT . I am a chandler, and live in Wheeler-street, Spitalfields On Monday, the 21st of April, I was present at the shop when the prisoner came for the balance—my sister said, "You have charged too much for the articles, and I shall not pay you, and there is no such places is Jones and Co."—he said, "Oh, yes, there is"—he left the shop quite fast—I went after him, and overtook him—he still walked on—he was looking about, and said he could not see the cart; that he had a cart belonging to the firm—I said, "If you don't come back I shall give you into custody"—he went a little further on—I told him so again, and then he returned to the shop.
Prisoner. I did not run away. Witness. He did; then looked round the corner, and walked on.
JOHN GODDARD (policeman.) On Monday the 21st of April, I was called to the shop, and found the prisoner there—he was given into my custody, charged with receiving money under false pretences—I asked who he travelled for—he said, "ones and Co., No. 11, St. George's-road, Southwark," and showed me their bills—Mrs. Dermer gave me this bill, marked E—I asked whether that was his signature—he said yes, his master always knew his signature.
Prisoner. I never said I was traveller to Jones and Co., neither did he ask me any question respecting it; he merely waited for Mrs. Dermer giving me in charge. Witness. I did ask him—I have been to St. George's-road, Southwark, and looked about for Jones and Co.—these are no such persons there.
JAMES SHOVE . I live at No. 33, Lamb-street, Spital-square, and deal in such articles as have been produced—I have examined these—this crocus powder, as it is called, is nothing but Venetian red, and is worth about 2d. a pound—the parcel delivered at Butt's shop is 10lbs. of black-lead, worth 4d. a pound, making 3s. 4d.; 14lbs. of rotten-stone, at 2d. a pound; 28lbs. of emery-paper, at 3d. a pound: and 28lbs. of Venetianred, worth 1 1/2d. a pound: altogether 19s. 4d.
Prisoner's Defence. In answer to the charge of Mr. Butt, I went to the shop to deliver some goods; I did not receive any order for them, neither was I at the shop before to supply them with goods; I received 1l. in part payment, which I delivered to the man I had them from, he being a man I had a slight knowledge of in the oil and colour trade. I was not aware there was anything wrong. When I went on the Monday morning following, it was to ascertain whether there was any goods I could supply them with on my own account, not to ask them for the balance of the former goods. As to Mr. Stafford, I called at his shop, and he gave me an order for 3lbs. weight of black lead, at 1s. 6d., and then ordered the other goods, which I delivered to him, and made him a bill out in my own name, as he bought them of
me. The reason I gave a card of Mr. Simmons was, his saying he should want more of those goods, and I said he would no doubt get supplied at Mr. Simmons's, as I occasionally bought goods there myself, which I dare say Mr. Simmons will recollect.
MR. SIMMONS re-examined. I remember once his buying goods of me, the same as another person—he was never employed by me as a traveller.
Prisoner. No, I do not say I was, neither did I ever make that representation.
GUILTY on 1st and 3rd Counts. Aged 30.— Transported for Seven Years. (See Seventh Sess., page 184.)
1421. ROBERT HUTCHINS and WILLIAM WRIGHT were indicted for stealing 16lbs. weight of Munster patent metal, value 7s.; and 16lbs. of mixed metal, 7s.; the goods of Thomas Crisp and another; and that Wright had been before convicted of felony.
THOMAS CRISP . I am in partnership with my son; we are shipwrights, and live in Mill-street, Bermondsey. I know the prisoners well—on the 8th of May I was entering my yard, about half-past twelve o'clock in the day, and saw Hutchins just leaving the yard—he was against the yard gate—he had three or four sheets of metal in his arms—he ran away—the other prisoner was about two yards from him—it was of no use my following them—I just went out at the gate—I could not get an officer.
Hutchins. Q. Why did you not stop me? A. I wish I could, but you was off too quick—you had three sheets of metal, and went off with it—it was Munster patent metal—it is used instead of copper, and had been in the yard.
COURT. Q. Did you see him with any other metal? A. No—I do not know whether any other was taken of my own knowledge—this metal is composed of a portion of copper, zinc, and some other things—the difference of the price between this and copper is 1 1/2d. per lb.
Hutchins. Q. Was your property weighed? A. No—the weight is about 6 1/2lbs. a sheet—you were sideways toward me—you had not the jacket on that you have now—I called to you, and you ran away—my gate is open all day long.
CLEMENT HAYWARD . I was at Bermondsey-wall on the 8th of May, in a street right opposite Mr. Crisp's premises, between twelve and one o'clock, and saw both the prisoners together against Mr. Crisp's gate—I saw Wright walk into Mr. Crisp's premises, take the metal, and give it to Hutchins, who ran away with it—I told Mr. Crisp when he came running up to me—I knew the prisoners—I see them almost every day.
Wright. Q. Why did you not speak to me? A. I told Mr. Crisp of it—there were no men in the yard.
Wright. Me and him had a bit of a row once, and he has threatened me ever since.
Wright's Defence. I was at work, and coming home at twelve o'clock to have my dinner, and Mr. Hayward told Mr. Crisp that I took the copper; it is a bit of spite he has against me, and he has threatened to give We in charge.
Hutchins Defence. There were a great many sheets in Mr. Crisp's yard, but there was no admission, except on business, as it states; but it is a proper thoroughfare for anybody that likes to go through; I was a work, and can prove I was in the same place I am now; I was in the Ship and Camel, at Dock-bead, a little before nine o'clock, and two officers took me; I was in a vessel called the Richard Walsh, going for guano; I was going in it as a labourer, and Mr. Crisp told the Captain I was a convicted thief and the Captain did not employ me; I have worked for Mr. Crisp. and he has not given me half the value of what I have done for him.
JURY to MR. CRISP. Q. Was the property yours? A. All the property on my premises was in my charge—I have given Hutching money to go away from my premises; I begged him to go away that morning.
JOSEPH JOHN LEWIS . I am a Thames police-inspector—I produce certificate of Wright's former conviction at this Court—(read—Convicted 3rd Jan., 1842, and confined one year at Guildford)—he is the person.
** HUTCHINS— GUILTY . Aged 20.— Confined Twelve Months.
** WRIGHT— GUILTY . Aged 18.— Transported for Seven Years.
AMELIA GRANT . I am in the service of Mr. Richard James, who did keep the Alfred's Head in the London-road. On the morning of the 30th of April, between seven and eight o'clock, I was sweeping inside the bar—I heard a noise, and on looking round I saw Scollard lying across the counter in the bar, reaching towards a sideboard, on which was some silver—(I had seen him before)—he had got his hand on the money on the side board—there were three or four piles of silver to give change of a sovereiga, in half-crowns, shillings, and sixpences—Jones, who was a stranger to me, was holding Scollard by the leg—Scollard let his cap fall off while he was reaching—I saw him take the money—I called out, "Stop thief"—I caught Scollard by the leg and Jones by the collar—Scollard gave a kick with his leg and got away—I still held Jones—Scollard was brought back by the barman in about three minutes—I then left Jones with the barman, and I went up stairs to cull Mr. James—I did not count the money that was on the sideboard, but I missed three half-crowns, and a good many shillings and sixpences—the barman gave me the money, and I put it on the sideboard.
Jones. Q. When you went up stairs, do you not suppose if I had been guilty I would have got away? A. No, the barman had you—Scollard laid on his side, and you were holding his ancle to prevent his falling over—his legs were on the counter, but his body was over the counter.
JOHN PAYNE . I was barman to Mr. James. On the 30th of April, between seven and eight o'clock in the morning, I was just inside the door—I heard aery of "Stop thief"—I ran out at that door, and Scollard ran out at the other—I pursued him about 100 yards, and collared him—he gave me about 30s. and said, "Here is the money, let me go"—I took him back to the Alfred's Head, and saw Grant holding Jones—I gave the silver into Grant's hand, and told her to call Mr. James—while she was gone one of the prisoners tripped me up and they ran off—I pursued, and took Scollard in Market-street.
my custody that morning, and Jones was given to me shortly afterwards—Scollard was very violent in taking him to the station—he kicked and bit every one near him.
Scollard's Defence. I had been out of employ, and having met with some old shopmates I drank with them and became very much intoxicated; after parting with them I went in the public-home and saw the money which was in any person's reach, and being in great distress I took it, which I shall for ever regret—I declare I have not any recollection of seeing my companion, and was not aware of any person being in custody with me, till I had been asleep in the station-house for five or six hours.
Jones. He says falsely; he came to the prison, and the governor said he had had no such person. Witness. I am certain he is the person—I knew him by the name of Richardson—that was not his name—when I referred to the book at home I found what the name was—I knew him before.
ROBERT STURGEON (police-sergeant M 4.) I produce a certificate of Scollard's former conviction—(read—Convicted 30th July, 1844, and confined two months)—I was present at the trial—he is the same person, I am sure.
SCOLLARD— GUILTY . Aged 25.
JONES— GUILTY . Aged 20.
Transported for Seven Years.
ROBERT ROBERTS . I am a greengrocer—I let out trucks and barrows. On the 8th of April the prisoner said he came from Mr. Hardy, the orchil-maker, in George-street, for a barrow, and I let him have one—Mr. Hardy is not here—I saw the barrow on the Wednesday week following) at Billingsgate-market, and Jones was with it.
Prisoner. The prosecutor was not in the shop to lend it me. Witess. No—my wife lent it him.
THOMAS ALLEN . I am in the prosecutor's service. I was at his shop on the 8th of April, at seven o'clock in the evening—I saw the prisoner come to the door—he asked my mistress for a barrow—he said his master sent him for it, Mr. Hardy, No. 19, Little George-street—my mistress told me to give him a barrow, and I gave it him for his master, Mr. Hardy—he hired it for his master—it was on Tuesday evening I lent it him—I did not see it again till my master brought it home on Thursday.
JURY. Q. How long did he borrow it for? A. He said he wanted to fetch two dozen of sacks from the Cut to Little George-street—he did not say how long he wanted it.
THOMAS JONES . I am in the service of Mr. Payne, a general dealer, in Great Earl-street, Seven-dials. On Wednesday morning, the 9th of April, when I came home from Billingsgate, my wife said there was a barrow to be sold—I went to Mr. Curtis's public-house, and saw the prisoner with it—I asked if it was his own—he said, yes, his brother had broken his thigh, and it was to be sold—he wanted 20s. for it—I got a person to buy it—he paid him the money, and the prisoner wrote a receipt—I then took the barrow to Billingsgate—I was taken, and locked up.
him it was for stealing a barrow—he said he had sold a barrow for his brother, as he had broken his thigh.
NOT GUILTY .
WILLIAM FONTAINE . I am a tallow-chandler, and live in East-street Hoxton—I bavea shop in the London-road. The prisoner was shopman there—on the 1st of May I took an account of stock with him, and on the 12th of June his stock was finally balanced, from the opening in October—I found a deficiency, and sent for my foreman to put another person in there—I then sent for the prisoner, and accused him of having plundered me—he said, "I know nothing of this deficiency, but I robbed you of 2l. on the 10th of May, to pay for a suit of clothes, part in gold and part in silver"—he wanted me to accept a compromise, and asked me to forgive him—I looked over the things in his box—I found duplicates and obscence books, and the tailor's bill on which the 2l. was acknowledged—that was the bill for which he told me he took the 2l.
Prisoner. I put 1l. back on the morning I left.
WILLIAM FONTAINE re-examined. This statement was not thought of till after we were at the station—he then said, "I pawned a watch this day, and put a sovereign back"—he was a yearly servant, and boarded and lodged in the house.
GUILTY. Aged 23.—Recommended to mercy by the Jury and Prosecutor. — Confined One Month.
Before Mr. Common Sergeant.
1425. WILLIAM JAMES MOORE was indicted for stealing 1 square, value 1s.; 1 bevil, 6d.; 1 chisel, 4d.; 1 saw-set, 9d.; 1 gimlet, 4d.; 1 pair of pincers, 6d.; and 1 brad-awl, 1d.; the goods of Henry Hunt Busbridge; to which he pleaded
GUILTY . Aged 27.— Confined Six Months.
GUILTY . Aged 24.— Confined Three Months.
1427. HENRY GOULDSMITH was indicted for stealing 1 waistcoat, value 8s.; and 1 pair of trowsers, 12s.; the goods of Barnet Gouldsmith; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 16.— Confined One Year.
THOMAS PHILP . I am shop-boy to Mr. James Spokes, who keeps a shop in Crown-street, Walworth-road. On the 10th of June, the two prisoners came and asked for Watts's Hymns—I showed them one—they said it was too large—just at that moment a gentleman drove up, and asked about a mattrass—while I was attending to him the prisoners left the shop
—I missed a book called the "Mysteries of Paris"—I went after them, and accused them of it—they said, "My good boy, say nothing about it"—I still followed them, and saw a Bible under Bryant's shawl—I followed them on to Churchyard-row—they were going to jump over the wall, but they found there was a ditch—they then began to throw the books into the ditch—these are them—this is the Bible I saw under Bryant's shawl, and this is the Mysteries of Paris—they are all my master's—I do not know whether White threw any, but I know she picked up one.
Bryant. It was two other girls.
WHITE— GUILTY . Aged 18.
BRYANT— GUILTY . Aged 19.
Confined Six Months.
CHARLES BARNARD . I keep a shop in Surrey-place, Old Kent-road. On the 13th of May I missed a pair of shoes—I heard a noise at the door, and saw some man running from my shop—the prisoner was brought back with my shoes, within ten minutes—these are them.
THOMAS SALLOWAY . I live in the Kent-road. I was in Mr. Barnard's shop—he told me some one had stolen some shoes—I found the prisoner about 150 yards from the shop with one shoe under his coat, and the other under his arm.
THOMAS WEBB (police-constable M 174.) I took the prisoner, and asked where he got the shoes—he said his brother bought them—Mr. Barnard identified them—I took the prisoner to the station, and there he stated that they brought the shoes to him in the World Turned Upside Down.
Prisoner's Defence. I was in the World Turned Upside Down; a man brought them in; I bought them; I went out, and the man stopped me.
JAMES RATCLIFF (City police-constable, No. 375.) I produce a certificate of the prisoner's former conviction—(read—Convicted on the 21st Oct., 1844, and confined six months)—the prisoner is the person.
GUILTY . Aged 25.— Transported for Seven Years.
1430. WILLIAM DOAL was indicted for stealing 2 pairs of drawers, value 4d.; 2 shirts, 4d.; 2 pairs of stockings, 2d.; 1 towel, 1d.; 1 apron, 1d.; and 1 bag, 1d.; the goods of James Wimble; and that he had been before convicted of felony.
HANNAH WIMBLE . I am the wife of William Wimble; we live at Beimondsey. I left these drawers, shirts, and other things in my yard to dry, on the 11th of June—I missed them the next morning—I have examined these—they are my son James's—he is twenty-two years old.
HANNAH STEELE . I am the wife of William Steele; we live in Elephant-lane, Rotherhithe. Between six and seven o'clock in the morning, on the 12th of June, the prisoner knocked at my door—he asked me to buy somethings—I did not like to buy them, and he asked me to allow
him to leave them till the other shops were open, which he did—I am sure it was the prisoner—I informed the policeman, and gave him the things.
WILLIAM HUMPHREYS (policeman.) Mrs. Steele came to the station—I went with her, and waited—the prisoner came about nine o'clock—Steele said to him, "You have got me into a deal of trouble"—I went out, and said to him, "Where did you get these things?"—he said, "I picked them up."
WILLIAM NOAKES (police-constable M 104.) I produce a certificate of the prisoner's former conviction at this Court, by the name of William Walkinshaw—(read—Convicted 4th March, 1844, and confined one year)—I know the prisoner to be the person.
GUILTY . Aged 22.— Transported for Seven Years.
EBENEZER MEDCALF . I am a chemist and druggist, and live at Tooting. On going into my shop, between seven and eight o'clock, on the 12th of June, I saw the prisoner there—my boy had seen her take something—I asked to look into her apron—she denied having anything, and then she took out this paragoric and gave me—I missed something else—I moved some bread from her apron, and found these acidulated drops.
GUILTY. Aged 14.—Recommended to mercy by the Prosecutor.— Judgment Respited.
HENRY THOMAS WILKINSON . I keep a beer-shop at Wandsworth. I have missed a considerable quantity of money from my till, in consequence of which I marked seven penny pieces, on the 9th of June, and laid them separately in the till under some halfpence—I then left the house, and when I came home the prisoner was in custody—this penny piece is one that I had marked, and left in the till—the prisoner is a traveller, and lodged opposite me.
HANNAH WILKINSON . I saw my husband mark this money, and place it in the till—he went out, and a few minutes afterwards I had occasion to go up stairs—I was not absent above a minute—when I came down the prisoner was in the shop—she asked for half a pint of beer—I served her, and she gave me this marked penny-piece—it is one that had been marked and put into the till—I opened the till—the money in it had been disturbed, but the till had been closed again—(the prisoner had been in the shop several times before)—I asked her if she had any more money about her—she said, "About 3 1/2d."—I asked her to show it me, which she did—I said, I could not swear to that, had she no more—she said no—I said I must detain her till my husband came home—she then said she had had change for a shilling in the morning—I sent for an officer, and this money which is produced was found on her.
JOHN BUSAIN (police-inspector.) I took the prisoner, and asked what she had got—she said, "Only two or three coppers"—I found she had eight penny-pieces, twenty-three halfpence, and two farthings; and as she handed out the second lot, she said, "Mind, there is 1s. 6d. in silver,"
which there was—she then said she had been in a short time before, and Mr. Wilkinson gave her change for a shilling.
Prisoner. I went in for tea and coffee and sugar, and Mr. Wilkinson gave me change.
Prisoner. I had those things, which came to 4d., and I had change of a shilling—I went to see a person, and told him I was badly off—he gave me a handful of halfpence oat of his pocket, which was how I got the coppers, and I had 1s. 6d. left when I got the shilling changed.
JURY to MR. WILKINSON. Q. How did you mark the penny-pieces? A. With a blacklead pencil across the head, but it is in some degree rubbed off now—I found all the other pieces I had marked there—there might have been about 1l.'s worth of coppers left in the till—that was the first time I had marked money.
HANNAH WILKINSON . I had missed money, and other things also, before this—a person could get at the till without coming round the counter—the prisoner lodged about there, and I have seen her watching the shop, and have seen her draw her hand from the till—there was about 3s. 6d. in silver in the till, and that was left.
GUILTY . Aged 57.— Confined Nine Months.
FRANCES WOOD . On the 16th of May I was an inmate of the workhouse of St. Mary, Rotherhithe—the prisoner and Mary Powell were also inmates there—I have known Powell for years—she was always a person of weak intellect, but inoffensive and quiet—on the 16th of May I heard Powell say, "I am very sleepy"—another person said, "You ought not to be sleepy, you slept and snored well last night, but if I were you I would have a fit and go to bed, sleep for a month, and then you will want no more"—the prisoner then got up and struck Powell a violent blow on the face with a plate, and the blood flowed from her nose—I said, "Good G—, you have cut her nose"—the prisoner got a towel, and wiped the blood which flowed from Powell.
EDWARD VAUGHAN AUSTIN . I am a surgeon—I examined Powell's nose—there was a slight cut outside; but the worst mischief was from the broken bone, and the contusion of the head generally—it must have beea a violent blow.
GUILTY of an Assault only. Aged 55.— Confined Six Months.
1438. ANN LIMMINGS was indicted for stealing 1 pair of trowsers, value 1l. 8s.; 1 waistcoat, 12s.; 6 shirts, 1l. 10s.; 1 glazier's diamond, 1l.; 1 gold pin, 10s.; 6 handkerchiefs, 7s.; 4 gowns, 3l. 9s.; 4 petticoats, 14s.; 1 pair of stays, 10s.; 1 shawl, 2l.; 1 bonnet, 14s.; 1 cap, 2s.; 1 pair of stockings, 12s.; 1 pair of sheets, 8s.; 4 pillow-cases, 2s.; 3 towels, 3s.; 4 shifts, 6s.; 3 night-gowns, 9s.; 2 pair of boots, 13s.;1 basket 2s.; and 4 aprons, 2s., the goods of William Taylor, her master; to which she pleaded
GUILTY . Aged 19.— Transported for Seven Years.
BENJAMIN MORRIS I am a labourer, and live in Eltham-street, Lock's Fields. On the 11th of May, at half-past ten o'clock at night, I met the prisoner at the Elephant and Castle, and went with her to a public-house in the London-road—I treated her, and then went to a private house with her—I went back to the public-house with her—I had my watch in my fob when I came out—I had not been with her above two minutes when two young men and a young girl came by—the prisoner sung out, "Here is somebody coming"—she went off and I missed my watch—I was about all the night, but could not find her—I am sure she is the woman.
HENRY PERCY (police-constable L 74.) I took the prisoner—the prosccutor charged her, and she said to him, "If you had given me 2s., old fellow, you would not have lost your watch:" I was not going ** for sixpence.
Prisoner. I never saw the prosecutor till he gave me in charge on the Friday night; he had given another girl in charge on Thursday.
RICHARD DAVIS (police-constable P 55.) I produce a certificate of the prisoner's former conviction, which I got at Newington—(read—Convicted Dec, 1841, and confined Six Months)—the prisoner is the person.
GUILTY . Aged 23.— Confined One Year.
WILLIAM HENRY WILLIAMS . I am a boot-maker, and live in Belvidere-road, Lambeth. At twenty minutes past one o'clock in the morning, on the 16th of June, I was coming home, a little the worse for liquor, but was perfectly aware of what I was doing—I met the prisoner at the corner of Westminster-bridge road—she asked me to go with her—I walked a little way down the Belvidere-road, to the corner on a court, and waited about five minutes—I saw her give my watch to a man who ran off—I ran and called "Police"—the policeman came—I came back and gave her in charge.
WILLIAM SEERS (police-constable L 98.) I saw the prosecutor—he was not sober nor drunk—he was quite sensible on giving the charge—he stated the prisoner had robbed him of his watch, and gave it to a man who had ran off—the prisoner said, "O, because he would not give me money enough he has given me in charge."
Prisoner's Defence. He very nearly knocked me over the bridge; he dragged me down the Belvidere-road; there we stood a bit; he said he had lost his watch, and called the policeman; I had no man with me, and how was it possible 1 cuuld take hib watch and guard?
NOT GUILTY .
GUILTY . Aged 24.— Confined Four Months.
1442. WILLIAM MADDEN, CHARLES BRENNAN , and JAMES BISHOP were indicted for stealing 12 pair of stockings, value 4s. 3d., the goods of James Hampson, and that Madden had been before convicted of felony.
JAMES HAMPSON . I am a draper, and live in York-place, Kent-road—I had a packet containing twelve pair of stockings, on a side counter, on the 4th of June—a female came in, and soon after I missed the dozen pair of stockings—that evening the officer produced some to me—these are part of the pairs I missed—they are mine—they were inside my shop, on a sideboard.
WILLIAM POUND . I live in Duke-street, Westminster, and am a shoemaker. On the 4th of June, at half-past eleven o'clock in the morning, I was in the London-road—I saw the three prisoners together in company—I knew Madden and Brennan before—I watched them—they went through Camberwell to Peckham New-town—after taking a little refreshment they returned till they came to the prosecutor's shop, and loitered about for five minutes—then Madden went in and brought a parcel out under his arm, and was joined by the other prisoners—they walked a little way down Surrey-square, and then set off running, and in running Madden opened the parcel and gave something to Bishop—I left them, and ran round to meet them—I met Madden in custody.
AUSTRIAN JOSEPH WEBB . I was with Pound—I saw the prisoners in the Kent Road—Madden went into the shop, and brought out a parcel of stockings—I followed them across Walworth-common, down the Newington-road, and against the Fishmongers' Alms-houses, Madden called me over, and said, "It is only a dozen stockings, if you will come home with me, I will give you a Bull" meaning 5s.—I said, "I am only running for a friend of mine"—I met a policeman, and gave him into custody.
Maddern's Defence. I met these two young men who asked me to carry a parcel, which I did; I opened and gave them part of the stockings; they ran away.
Brennan. I was going on an errand, and the officer took me.
SAMUEL AYLESBURY (police-constable L 106). I produce a certificate of the prisoner Madden's conviction, which I got from Clerkenwell—(read—"Convicted Dec. 3, 1844, and confined six months")—the prisoner is the man.
MADDEN— GUILTY . Aged 20.— Transported for Ten Years.
BRENNAN— GUILTY . Aged 21.
BISHOP— GUILTY . Aged 20.
Confined Three Months.
Before Mr. Recorder.
THOMAS BENNETT . I live at Sunbury and sell fish. I come up to London three or four times a week—last Monday I was coming up, and had got as far as Putney with four fish in a basket, what we call diamond plaice—I was outside the Fox and Hounds, in the Richmond-road, and went in to have half-a-pint of beer, and left my basket outside—when I came out I noticed the cloth had been removed, and one plaice was gone—the officer came up, and I told him—the prisoner afterwards came with the policeman and my fish—I knew it directly by cleaning it out—when I have fish left I always clean it out for the next day—it is disposed of now, but we have the tail of it left—as I went into the public-house, the prisoner came out and brushed by me.
RICHARD WHITE (police-constable V 67). I took the prisoner last Monday night in High-street, Putney—he was going down the town with this plaice in a handkerchief—I asked what he had got—he said "Nothing"—I said "You have got a fish?"—he said, "It is all right, I have only been having a lark with old Billy Johnson"—that is an old fiih-monger who goes about Putney—I took the prisoner and the fish—the prosecutor explained to me how he knew it, he had cleaned it, and cut it in the brown part—this is the tail of it.
Prisoner. I and two or three others came out; we had played tricks with old Billy Johnson, and we said, there is old Billy's basket, and we will have another lark with him; they took the fish out, and gave it to me.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
MESSRS. DOANE and CARTEEN conducted the Prosecution.
MARY WELLER . I am the wife of Isaac Weller, a chandler, in Vaux-hall-road, Lambeth. On the 30th of May, between ten and eleven o'clock in the morning, the prisoner came and asked for half an ounce of tobacco—I served him—he laid down a shilling on the counter—after I had given him the tobacco and the change—I took up the shilling—it felt very smooth, and I thought it was bad—I went round the counter to follow him, but he had gone out of the shop quickly, and I could see nothing of him—I marked the shilling, and gave it to the policeman.
JOSEPH ROLES . I keep the Wheat Sheaf, in South Lambeth. On Tuesday night, the 3rd of June, the prisoner came to my house, and some one with him—the prisoner called for a pint of half-and-half—he put down a half-crown—I found it was bad—I asked if he had any more—he said
he had no more money but 1d.—I sent for a policeman, and gave him in charge, with the half-crown.
Prisoner. As to what Mr. Coles states it is correct; but at to Mrs. Weller it is entirely false; I was ten miles away at the time.
GUILTY . Aged 32.— Confined Six Months.
Before Mr. Common Sergeant.
1447. JOHN BRENT was indicted for stealing 3 aprons, value 1s. 6d.; 2 shifts, 2s.; and 1 night-gown, 6d.; the goods of Jane Jones; and 1 pair of stockings, 1s., the goods of Isabella Bagnall; 9 pairs of stockings, 10s.; 1 table-cloth, 9s.; 2 pillow-cases, 1s. 6d.; 1 pair of drawers, 6d.; 9 towels, 4s. 6d.; 1 shift, 6d.; 2 night-gowns, 2s.; and 2 night-caps, 6d.; the goods of Melvill Shirreff.
ELIZABETH SHIRREFF . I am the wife of Melville Shirreff; we live in Albany-road, Camberwell. On the 22nd of May, soon after seven o'clock in the evening, I missed some linen, which hung to dry in the garden—these stockings and other things were there—the stockings belong to Isabella Bagnall, these other things are my husband's—these are part of the things—I can swear to them.
Cross-examined by MR. O'BRIEN. Q. Are there any marks on them? A. Yes—they have taken a reat many marks out, but these have marks.
WILLIAM MORTON (police-constable P 289.) On the 23rd of Jan. I suspected a boy and stopped him, and found a table-cloth round his body—I then went to where the prisoner lived in James-street—I knocked at the door, and Early, Deacon, (See 9th Session, page 619,) and the prisoner, all stood at the window—I could not get in—I went through another house, and in at the back door of the prisoner's house, which was open—I went up stairs to the room where I had seen these men—I found nothing there—I came down, and found a great quantity of linen in the lower room, and two females—I took them and the linen away—one of the females was the young woman the prisoner lived with.
JOHN ENDRIDGE . I live at No. 4, Bond-street, Vauxhall—the house No. 1, James-street, Walworth, belonged to my mother—we let the four rooms to a person called Brent—a woman took it—I have seen a man in the front room below at that house—the prisoner resembles that man—if I were to speak the truth, I should rather take him to be the man.
Cross-examined. Q. Have you not seen other persons in the room? A. Yes, I cannot speak positively to having seen the prisoner there.
JAMES BENJAMIN JOHNSON . I went to the corner of James-street, about noon, on the 23rd of January, when the officer went to the house—I saw the prisoner and two others make their escape over the wall to York-street, and from there to the Walworth-road—I know the woman the prisoner lived with, she gave the name of Probert at the office.
GUILTY.* Aged 25.— Transported for Seven Years.
(There were two other indictmants against the prisoner.)
ELIZABETH BIRD . I am the wife of Samuel Bird, we live at Lambeth. On the 17th of June we had a fire—the prisoner was helping to carry away some things—I paid her 2s., for her trouble—I missed a pair of ear-rings, a brooch, and a needle-case—these are them.
Prisoner. It quite escaped my memory that I had them; when I went into the room the smoke overcame me; I did not know I had them.
THOMAS HYDE (police-constable L 182.) I heard something, and went to a Mrs. Roberts, and found the prisoner—I asked her what she had been doing at the fire, she said, assisting—I asked if she had any property which did not belong to her, and she gave me this needle-case—I said she must go to the station—she said, "Give me my bonnet"—I asked if the had any more property—she said, "No"—as she was going to the station she gave me this red case, containing the ear-rings and brooch.
Prisoner. I said I left my bonnet and shawl up stairs; I said, "Here is a box I have found;" you know I speak the truth. Witness. I am sure I asked her if she had anything else, and she said, "No," and she gave me this three or four minutes after, as we were going to the station.
Prisoner's Defence. I saw the fire, and went to assist; I did not want these things; I knew not what was in them till they were opened at the station.
GUILTY.—Recommended to mercy. — Confined Three Months.
ANTHONY CHARLES O'MEALEY . I am in the service of Thomas Dutton Templar Sparrow, of Stamford-street, Blackfriars. On the 3rd of May, about eight o'clock in the morning, I put a child's chair outside for sale—I missed it in about an hour—Hockaday came to me and I told him—thii is the chair.
Cross-examined by MR. HUDDLESTONE. Q. Did not Hockaday come and tell you first? A. Yes—he came to me, and afterwards I explained to him what it was—I saw him again at the police-station in about a fort-night—he did not come to me between the 3rd of May and when I went to the police-office—I did not like to tell my master—I told him after the policeman came to me, and then I heard nothing more of it for a fortnight.
SAMUEL HOCKADAY (police-constable L 178.) On Monday, the 5th of May, I received information, and went to the prisoner's house, in Kennington-lane—he is a general dealer—amongst other things there I found this child's chair, which was claimed by Mr. Dutton—the prisoner said he bought it of two lads for 2s., and he did not know who they were—I also found this apron, dog-collar, and milk-can, which have been claimed.
Cross-examined. Q. Who were the two persons that stole the chair? A. Davison and another—I believe I was at Lambeth police-court when
they stole it—I did not see them steal it—I went to the prisoner's house on Monday, the 5th of May—I preferred the charge on the 6th—I should say depositions were taken then—he was examined and remanded—I did not see Gallevant on the 5th, nor on the 6th—on my oath I did not see him on the 5th—I understood, from his own words, that on the 5th he was lodging in the Mint—I saw him on the 22nd—it was a female who told me about the chair, but I do not know where she lived—I took Davison on the 10th, I think, and I went again before the Magistrate on the prisoner's case on the Tuesday following the 10th—Davison was tried in this Court and convicted—the depositions in the prisoner's case had been taken—there were several remands—I do not know where Gallevant was all that time—I never saw him between the 5th and the 22nd—I then had some conversation with him, and he was brought forward as a witness the day following—he was in custody for stealing a truck—I went to the prosecutor in this case, and told him the whole circumstance—I told him where Gallevant had been lodging, and I bid no doubt I should be able to get him—I knew his address, because I had inquired.
Q. Did not the gentleman tell you that your conduct was so infamous that he would report you to the Commissioners? A. Yes, because he had seen the prisoner, and heard statements from him which I do not know he did not say that I had been making observations to him, that he intended to bring my conduct before the Commissioners, and he would not prosecute with such a case, because no Jury would believe me—he said he would not prosecute Gallevant, lest both parties should escape punishment—he did not say he would not prosecute this case—I did not understand him to say he would report my conduct to the Commissioners.
Q. Have you not said that he did say he would report you? A. I did not understand your question—this chair was on a bench in a room adjoining the prisoner's shop.
HENRY GALLEVANT . I live in Mint-street, in the Borough. On Monday, the 5th of May, I was coming down Stamford-street—I saw a young lad that I used to call Jem take a chair from a shop in Stamford-street—I went and asked what he was going to do with it—he said, going to sell it, and if I would go with him I should have half the money—I went, and we took it to the prisoner's, in Kennington-lane—I had been there before, and knew the prisoner by sight—I asked him if he would buy a chair—he said he would—Jem is a little taller than I am—I cannot say his age—I called him in—the prisoner looked at the chair, and asked what we wanted for it—Jem said 2s.—the prisoner said he would give him 1s., and then he said 1s. 6d.—he got 2s. for it, and gave me one—the prisoner then said, was any one watching us, did any one see us take it away—we said, "No, there was not"—he told us, for fear any one migbt see us, to go into a little back parlour—we did so, and he paid us for it there.
Cross-examined. Q. Were you examined before the Magistrate? A. Yes—I did not say a word about the back parlour—he did not ask me—I have spoken to the officer since—I have been to his house since I went to Kennington-lane—that was on the Monday—I cannot say what day it was I went to Hockaday's—it was not long after—he had met me one evening, and accused me of taking this chair, and he told me I had better come down to Kennington-lane office, and explain it—I cannot say whether I
had seen him once or twice before the prisoner was committed—I decline to say how many times I have been in prison.
NOT GUILTY .
NOT GUILTY .
GEORGE BUNDAY . I am groom to Mr. lliffe. I lost a dog-collar the latter end of Feb.—I missed it off the dog's neck—this is it—Charles Podmore, my master's nephew, is the owner of it—Mr. Arthur Podmore had the care of it.
Cross-examined by MR. HUDDLESTONE. Q. Who is he? A. A nephew of my master's—the dog was staying at Arthur Podmore's, but it is the property of Charles Podmore—it is a little terrier—the collar was locked—it did not fit loosely.
Witness for the Defence.
JAMES HEAD . I was brought up to the farming business; I am now living on some property I have. I found this dog-collar in Penton-street, near Kennington, and gave it to the prisoner—I had at one time bought some canaries of him. COURT. Q. Where do you live? A. At No. 44, Brook-street—I am receiving my property weekly—it is funded property in the Bank of England—I cannot tell what stock it is in—I receive the dividend—I receive ray money weekly from Sterry and Latchmore's, oil-merchants, High-street, Borough—I have received 1l. a week of them for two years—it was left by my father in the Bank of England, and it is paid into Sterry and Latchmore's hands to pay me weekly—it was my father's wish that I should receive it weekly—he was a farmer, and left a sum of money in the Bank to me.
Q. Then how came you not to go and receive it? A. He has not been dead a sufficient time—I cannot tell how long he has been dead—it may be eighteen months—I cannot tell whether the will has been proved—I cannot tell who proved it—I have never made any inquiry about the will—I knew this money was due to me many years previous to his death—I believe it was about 2,000l.—it is all mine—there is no one else to receive it—Sterry and Latchmore receive the dividend, and pay me.
NOT GUILTY .
Lambeth-walk. We have lost many milk-cans—I believe this is one of ours—here is the initial "L. D." on it—I cannot say when we lost this, but we lost one of the same description from the beginning to the middle of April—we live scarcely five minutes' walk from the prisoner.
Cross-examined by MR. HUDDLESTON. Q. I believe you could not undertake to swear to this? A. I swear this is my father's can, by the "L. D." and by its general appearance.
THOMAS EMERSON (police sergeant V 16.) I was present when the prisoner was examined—I afterwards went to his house—Hockaday found this can there—the prisoner said this can was in his house when I had searched it in 1843—I had searched it in 1843, and found a can, which I marked—it was not this—it was a larger one than this.
Cross-examined. Q. What mark did you put on the can you found then? A. T. E.—the charge respecting that was dismissed before the Magistrate.
JURY to LEWIS HENRY DAVIS. Q. How long have you lived in the neighbourhood? A. Twenty-five years—we never sell these cans, nor give them away.
NOT GUILTY .
BENJAMIN HUGGETT . I am a musical-instrument maker, and live in Regent-street, Lambeth. I lost this strap off my dog on the 16th of March—I am sure this is it—I picked it out from a great mass of straps—I swear to its being mine; I cut the holes with a penknife, and I know it by two or three other reasons.
NOT GUILTY .
WILLIAM BLEACH . I am shopman to James Lawrence; he is a general dealer; he had a cornopean safe in his shop between seven and eight o'clock on the 18th of June—I saw the prisoner stand in front of the shop—I went for a ladder, and saw the prisoner going away with his hands in front of him—a person spoke to me, and I went after the prisoner, who had got a quarter of a mile—when I got nearly to him, and before I spoke to him, he turned and said, "D——your eyes, what do you want with me?"—I said nothing, and he ran on—I ran after him, and when I came up to him he struck me—he then ran on, and took this cornopean from under his coat, and threw it at me—I ran on and took him, and gave him to the policeman—this is the cornopean—it is my master's.
Prisoner. There was a mob running; he laid hold of me; I said, "What do you want?" he said I stole the cornopean; I went with him.
GUILTY .— — Transported for Ten Years.
SAMUEL PALMER . I am a carpenter, and live in Artichoke-place, Camberwell. The prisoner was in my service, and left, without notice, on the 27th of Feb., at noon—I missed a bevel—I spoke to the police, and it was put in the Hue and Cry—I looked about, and found a number of duplicates—I then found I had lost the articles stated—these are them—they are all mine.
Prisoner. I have worked for him for two years; he not only gave me tools to pawn, but he sanctioned my pawning them; I gave him the duplicates, which he put into a dressing-glass drawer in the workshop; he said he found them behind some blinds; I have been pawning his tools for eighteen months when the work was dull; he said I absconded, but I was run over, and went to the hospital; I left, and went to him at Camberwell, and was taken on the 10th of June; he gave me his watch to pawn once,
Witness. That is not true—I never gave him anything to pawn in my life.
----BOCKER. I have heard the prosecutor ask the prisoner about tools which were missing, and he denied knowing anything about them.
GUILTY .*— Transported for Seven Years.
(There were three other indictments against the prisoner.)
ADJOURNED TO MONDAY, THE 7TH OF JULY.