CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 7TH, 1845.
MINUTES OF EVIDENCE,
Taken in Short-hand by
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, July 7th, 1845, and followig Days.
Before the Rtght Honourable MICHAEL GIBBS , LORD MAYOR of the City of London; Sir Jame. Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Edward Hall Alderson, Knt.; one other of the Barons of Her Majesty's Court of Exchequer; Sir John Williams, Knt., one of the Justice, of Her Majesty's Court: of Queen's Bench: Sir Claudius Stephen Hunter, Bart; Sir John Key, Bart.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; John Humphery, Esq.; Sir William Magnay, Bart; Aldermen of the said City: the Honourable Charles Ewan Law, Recorder of the said City; John Johnson, Esq.; Thomas Challis, Esq.; William Hughes Highes, 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. NINTH 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 associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, July 7th. 1845.
First Jury, before Mr. Recorder.
GUILTY .— confined Six Months , and to enter into Recognizance in 40l. to keep the peace for Two Years.
GUILTY on 2nd count.—Recommended to mercy.— confined Fourteen Days.
OLD COURT.—Tuesday, July 8th, 1845.
Second Jury, before Mr. Recorder.
1456. SAMUEL SUMNER TRIPP was indicted for stealing, on the 10th of June, 1 watch, value 40l.; and 1 chain, 10s.; the goods of John Nicholas Kahrs, in the dwellings-house of John Rockley; to which he pleaded.
GUILTY . Aged 16.—Recommended to mercy.— Confined Six Months.
GUILTY .— Confined One Day, and to enter into his own Recognizance to keep the peace for One Year.
The witnesses did not appear.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
CATHERINE RYAN . I am married. I am an Irishwoman, and so is the prisoner—we have always been very good friends—she stood for my child—on the afternoon of the 13th of May I was coming in with a saucepan of water—the prisoner and her sister were sitting in my way—I asked one of them to move, but neither of them moved for me—I then passed in between them as well as I could—I did not spill any water upon them—some was spilt on the boards behind them, but it did not reach them—the prisoner said, "Bad luck to you, you b----b----," and "Bad luck to you," said the pair of them—I went up stairs with the water, and came down again to go on an errand—they were both jawing me, and calling me all manner of names—I did not return it to the prisoner, I did to her sis-ter—the prisoner hit me on the head with an iron stand, again with a cul-lender, and again with a saucepan—she swore she would have the b—b—'s life—I was in the hospital for a fortnight, from the wound that was struck with the saucepan—my head is bad now.
HENRY JOHN M'DPUGAL . I am house-surgeon at the North London Hospital. The prosecutrix was brought there, on the 13th of May, between four and five o'clock, she had received a severe wound on the side of the head, and was considerably bruised—I dressed the wound—she went out that day, returned the next, and then remained for a fortnight.
Cross-examined by MR. O'BRIEN. Q. Did she appear as if she had been drinking? A. Yes, she smelt strongly—drinking has a great effect on injuries.
COURT. Q. What sort of wound was it? A. An incised wound—It might have been made with an iron saucepan—it was just above the right temple, on the top of the head—it must have been done with considerable force—the bone was laid completely bare, a branch of the temporal artery was divided, and she had lost a quantity of blood—it was an inch and a half or two inches long—it might have become a dangerous wound from its consequences.
GUILTY. of an Assault. Aged 30.— Confined Three Months.
1460. THOMAS WILLIAMS and JOHN WILLIAMS were indieted for burglariously breaking and entering the dwelling-house of David Barnett, about three in the night of the 17th of June, at St. Botolph without Aldgate, with intent to steal, and stealing therein, 18 pairs of trowsers, value 5l. 10s.; 5 jackets, 3l.; and a flannel shirt, 2s. 6d.; his property; and that they had both been previously convicted of felony.
MR. BRIERLEY conducted the Prosecution.
seven o'clock, I missed eighteen or nineteen pairs of trowsers, five jackets, a red shirt, and some other things—I found one pair of trowsers lying in the yard—I went to bed at half-past eleven o'clock the night before, and left everything fastened except my back window—that was shut, but not fastened—my servant came down before me—she is not here—I found it shut when I came down.
ELIZA CARROLL . I am an unfortunate woman, and live in Moneybagalley, Blue Anchor-yard. On the 18th of June, about half-past four o'clock in the morning, I heard a great scuffling in my passage—it awoke me—I got out of bed to see what it was, and I saw the two prisoners in my back yard with a bundle, which they were tying up in a red flannel shirt—I went and awoke my friend.
MART ANN LEWIS . On the morning of the 18th of June I was in bed—Carroll called me up—I looked into the back yard, and saw the two prisoners with a bundle and a number of trowsers—I called out to Carroll, "Lookhere," and as soon as I spoke the prisoners looked up at me—I suppose they heard me—they tied the things up in a red shirt—I am quite rare they are the persons—I had never seen them before, to my recollection.
John Williams. It is false—she knows me very well. Witness. I did not.
MARGARET COLEBUTT . On the 18th of June I happened to go to the watercloset at No. 3, Money-bag alley, Rosemary-lane, and picked up five bits of paper, or tickets—I did not see the prisoners in the house—they do not lite there—the street door is left open because there are so many lodgers—they could get into the back yard or into the water-closet—it joins the passage—this is not near the prosecutor's house.
ROBERT THORPE (police-constable H 155.) Colebutt came to me on the 18th of June, about eight o'clock at night, and brought me these five tickets—I afterwards went and found this ticket in the back yard.
EDWARD ORAMS (police-sergeant H 18.) I apprehended Thomas Williams at No. 1, Christopher-court, Rosemary-lane, about half-past two o'clock on Saturday morning, 21st June—I told him I wanted him for a robbery at Mr. Barnett's, in Upper East Smitbfleld—he said, "I know nothing about it"—after being locked up at the station he told me where I could find Butcher, which is the name John Williams goes by—in consequence of that I went and apprehended John Williams at the place where I was directed, upwards of a mile from where I took the other prisoner—whan I took Thomas I told him what I took him for—he said he knew nothing about it—he afterwards called me to the cell door and voluntarily told me that the things were taken to a marine store shop in Rosemary-lane, kept by a person named Cohen—I went there, told the party the nature of my visit, and with his permission searched the premises, but found nothing—it was three days after the robbery—there is no one here from Cohen's—the prosecutor's house is in the parish of St. Botolph Without, Aldgats.
THOMAS ARNOLD (police-constable H 127.) On the 18th of June, about half-paet three o'clock in the morning I saw Thomas Williams in company with a person named Murphy, in Rosemary-lane—he went down Blue Anchor-yard—I apprehended Murphy—he was discharged—when I went into the station-house on the Saturday morning, Thomas Williams called me into the cell and said, "These two women have come it against me, because I would not give them anything out of it for some gin; they are as bad as I was, for they wanted me to bring the property up stairs."
Thomas Williams. It is false; I said nothing at all about it; he asked me where Butcher was; I said he lived somewhere down near Bluegatefields, but I did not know where. Witness. Butcher was then in custody.
DAVID BARNETT re-examined. I know these seven tickets—they have my marks on them, and were on the missing articles—I gave my servant into custody on suspicion of the robbery, finding no marks on the door and she was discharged at the Thames police-office—the things have not been found.
Thomas Williams's Defence. I know nothing about the robbery; I was taken out of bed at three o'clock.
John Williams's Defence. I know nothing about the robbery; I waa taken out of bed at half-past four o'clock on Saturday morning.
EDWARD ORAMS re-examined. I produce a certificate of Thomas's conviction from Clerkenwell Sessions house—(read—Convicted 7th Ocf.,1844, of larceny; confined six months, six weeks solitary)—I was present at the trial—he is the person.
WILLIAM TAPLIN (police-constable K 234.) I produce a certificate of John Williams's former conviction from Clerkenwell Sessions-house—(read—Convicted 1st Feb., 1845, of larceny; confined three months—two weeks solitary)—I was present at his trial—he is the person.
THOMAS WILLIAMS— GUILTY . Aged 18.
JOHN WILLIAMS— GUILTY . Aged 20.
Transported for Ten Years.
GUILTY . Aged 18.— Confined One Year.
Before Edward Bullock, Esq.
1462. MARGARET TIGGELL was indicted for stealing, on the 29th of May, I dressing-case, value 2l. 10s.; 4 rings, 7l. 10s.; 2 breast-pins, 3l.; 1 pencil-case, 18s.; 3 razors, 10s.; 6 bottles, 6s.; and 1 pair of eardrops, 1l. 5s.; the goods of David Kidd, in the dwelling-house of Charlotte Chaplyn: and JAMES DUNN and JOHN COLLINS for feloniously receiving the same, well knowing them to have been stolen, &c.
MR. BALLANTINE conducted the Prosecution.
DAVID KIDD . I lodge with my wife at 17, Vincent-terrace, City-road. I had a dressing-case containing four gold rings, two gold pins, a silver pencil-case, razors, bottles, and other things—I saw it safe between eight and nine o'clock in the morning, on the 29th of May—I went out about nine o'clock—I returned about seven in the evening, and found Tiggell at the house—she had been called in to wait on Mrs. Kidd, who was very unwell—the dressing-case was kept on the toilet-table in my bed-room in the first floor—she would have an opportunity of going into the bed-room—I kept the key of the dressing-case—it was a small square mahogany case, about ten or twelve inches long, and eight or nine broad, bound with three straps of brass at each end, with a sunk handle—I do not think I could replace the property lost under 15l.—when I came home Tiggell was at work on the floor on which the dressing-case was kept—I gave information to the police next morning—the house is in the parish of St. Mary, Islington.
Saturday morning, 31st May last, I was on my beat in Bell-alley, Goswell-street, and saw Bridget Richardson lying on the stairs of the house where I knew Mrs. Tiggell lodged—she was crying and appeared in a very bad state, as if she had been beaten—she had a bruise on her eye—I spoke to her, and while doing so Mrs. Tiggell came out and wanted to know what business I had there—I told her I had business there when "Murder" was called—I had heard "Murder" called—she had me defiance for being in her house, and said she would go to the station-house and report me—I took Richardson to the station-house—she made a communication to me before I took her there, which I reported to my superiors.
Cross-examined by MR. PAYNE. Q. What was it she told yon? A. That her sister was wanted for a robbery at Mr. Kidd't, up at Pentonvilie—Mrs. Tiggell had gone in doors, put on her bonnet and shawl, and went out, and after she had been gone three or four minutes she up and told me this—I did not know that they were sisters till Richardson told me—she complained of Tiggell as her sister—she said that the robbery was of a dressing-case and several other articles, and that the property was left at the Portland Arms in Long-lane—I asked her how she came to know all about it—she said she had been in their company the overnight, and saw the property left there—I never saw Richardson before—this all occurred within five minutes—I had only been on the beat two months.
BRIDGET RICHARDSON I am sister to Mrs. Tiggell. On the 29th of May she was hired to work at Mr. Kidd's—I went there to her between one and two o'clock that afternoon, to ask her for the key of the door, and she sent me the key, and 1s. to get the children some food—I had the care of her children at home—the servant of the house gave it to me—I did not go to the house again that day—I did not go there that evening—I have frequently been there on other evenings, when my sister has been required to go and dress Mrs. Kidd, but I have never been inside the house—I did not see any dressing-case while I was at the house—I was not over the threshold of the door—I remained with my sister's children all the afternoon—my sister came home some time past nine o'clock—the dock had struck nine, but I cannot say what time it was afterwards—the two male prisoners were with her—I knew both of them before—I cannot say whether they were friends of my sister—I had seen them in her company often before—Dunn was carrying a box tied up in a handkerchief—I saw it untied—it was a mahogany box with brass beading round it—Dunn opened it with a small poker—Tiggell and Collins were present at the time—there were a great many things in the box—there was jewellery, and it was looked over a great many times—there were four rings, a double-breasted pin with a pearl head, and a small stone to it, a pair of golds-drops and other articles—I saw them all wrapped up in a piece of rag, which was passed about—I think Collins had it in his possession—he passed it to Tiggell, then it was passed to the others, and I think it went hack again to Collins—I am sure the jewellery was in that piece of rag—the dressing-case was tied up in a black handkerchief—Tiggell took that—we then all four went out, and went to the Portland Arras public-house, in long-lane—Dunn left the box there with the pot-boy—we afterwards went to where Dunn lives in Holborn, the first turning on the right hand hide of the way, opposite the church—I afterwards went with the prisoners to a public-housc (my sister's husband is dead) Dunn and Collins both stopped with Tggell that night in the same house—I saw Dunn go to his work
next morning, and noticed a ring on his finger—I cannot positively say that it was a ring I had seen before—Collins went about three quarters of an hour afterwards—on the Friday morning following I saw Collins and my sister together—I went out with them—I saw her give him a piece of rag similar to the rag in which I had seen the articles wrapped up—he put it into his waistcoat pocket—on the Saturday morning I was sitting on the stairs at my sister's door—my sister had ill-treated me, and I went outside—she called me a very bad word, and abused me—I abused her again—I had heard Mr. Kidd's name mentioned about the things, and I said it was very wrong of her, as she had four children—she directly said if I said anything she would say it was me that stole them—she had pawned all my clothes, and I asked her to give me my box and bonnet, which was all that was left, and I would go away, and would send somebody to take care about what she had done at Mr. Kidd's—with that she flew on my bonnet and my box, and I went and sat on the stairs till the policeman came—I had nothing whatever to do with taking the dressing-case—I never saw it till it was brought in by my sister and the other prisoners—Dunn had no ring on his finger when he came in with the bundle—after we had been out walking I saw that he had a ring on—he kept putting it on, and pulling it off again.
Cross-examined by MR. PAYNE. Q. How old are you? A. Twenty-three—I am married—I do not live with my husband, he is transported—I have been myself transported—I have been tried twice—the first time I had six months, and the second I was sentenced to seven years' transportation—my sister has never been tried for any felony to my knowledge—I gave information to a constable between seven and eight o'clock on Saturday morning.
Cross-examined by MR. DOANE. Q. Have you not been tried tod convicted three times? A. No—I have been here three times, but I got acquitted once—I cannot tell when was the last time I was tried—I kept no account.
MR. BALLANTINE. Q. Did Mrs. Tiggell know that you had been transported when she employed you to take care of her children? A. Yes—I was not sent out of the country—I stopped two years in the Penitentiary, and two years and a half in Bedlam as a lunatic—my sister knew I had been in Bedlam—I was discharged as cured by Dr. Munro—he told me to be very careful for fear I should come back again—I was transported for shop-lifting—at that time I was living with the girl I was taken with—that is going on for six years ago—I have been married eight years—my husband was transported whilst I was in prison—I was not living with him—that was the last time I was charged with any offence—I have been living with Mrs. Tiggell since that time, not all the time—sometimes I lived with her for 1s. a week and my victuals till I got a better situation—I have been in two situations, one at Pentonville, and one at a gentleman's house close by Mr. Kidd's.
JAMES BRANNAN (police-sergeant G 20.) On the 30th of May I received information of this robbery from the prosecutor—on the morning of the 31st I received information from Constable, and went with Tate to Tiggell's house, in Bell-alley, Goswell-street, about seven o'clock—I found her in bed dressed—I told her she was suspected by Mr. Kidd with having stolen his dressing-case—I asked her to come to the station-house with me—she told me she would see me d—d first, if I had a warrant, accompanied by Mr. Kidd,
she would go with me—she said she knew nothing at all about the dressing-case—I told her I had information that she was seen with a dressing-case with a party in a public-house in Long-lane—she made use of another oath, and said, "I know nothing at all about it, nor do I think that you know what you are talking about"—we dragged her out of bed—she was quite dressed, and had her boots on—I sent her to the station-house by Tate—about half-past eight o'clock the same morning I met Dunn on Snow-hill—I told him I suspected him with being concerned with Mrs. Tiggell in stealing a dressing-case and a ring—he said he knew nothing at all about it—I told him I had information that he left the dressing-case at the Portland Arms, in Long-lane, the night before last, and that he called the night before with another party and took it away—he said he did not, he knew nothing about it—I then told him I had information that he sold a ring to a person named Jennings, in Goswell-street—he said, "Indeed I did not"—in a minute or two afterwards he said, "Mr. Brannan, you know more about these things than I do, what shall I do?"—I said, "I must not tell you; do the best you can"—he said, "Unfortunately I did sell the ring; Mrs. Tiggell was always after me, and she wanted me to live with her; she gave me the ring, and put it on my finger"—I took him to Mr. Jennings—I went to the Portland Arms, and saw a person named Wood, the pot-boy there—he was before the Magistrate—he saw Dunn in my presence, at the station in Featherstone-street—he said to Dunn, "You left it with me; I did not know it was wrong, or else I should not have taken it, and you called for it and took it away last night"—Dunn said nothing—Wood said, "You said it was a dressing-case you had to repair for a friend," and then Dunn denied being the person—Wood has since gone out of the way—I hare been in search of him since last session, but have not found him—he has left his place—when I got to the station-house I found Tiggell there—Richardson was there—Tiggell said to her, in my hearing, "You young b—, I will fix it on you now, you want to bring in two innocent people"—Dunn and Collins were present at the time—Richardson replied, "That is false, you know you took it"—Tiggell made no reply to that, but she threw some water over her out of a jug which she had in her hand.
Cross-examined by MR. PAYNE. Q. You have known Mrs. Tiggell some yean? A. Yes—I never knew her charged with any felony—I beg pardon, I must recall my words; she was charged at the station with stealing some money from a person named Swan—it came to nothing—I believe, she herself charged somebody with breaking her things, and then the person charged her.
Cross-examined by MR. O'BRIBN. Q. When Dunn was in the presence of Wood, did he not say, "You are mistaken, I am not the person?" A. Yes, at first; but he afterwards said it was a dressing-case left with him by a friend for him to repair.
MR. BALLANTINE. Q. Do you know anything of Mrs. Tiggell's character at all? A. I have known her for the last twelve years, and up to the last eighteen months I always considered her as an honest woman, and good to her children, but since that I can say nothing in her favour—her associates have been bad—her husband died mad—I knew him for many years—he was an honest man.
SAMUEL JENNINGS . I am a carver and gilder, and live at No. 8, Goswell-street. Dunn was in my service—I purchased a ring of him on the 30th of May for 13s.—this (produced by Brannan)is it—I asked where he got it from—he said he found it in Cornhill.
Cross-examined by MR. O'BRIEN. Q. I believe the ring had been shown in the shop? A. Yes, among the men—I sent it out to Mr. Bath's the pawnbroker's, to know the value of it—he said it was worth 15s. to break up, and it might be worth 2s. or 3s. to wear—I bought it of Dunn, and paid him the money.
HENRY TATE (police-Constable G 136.) I apprehended Collins—I told him what he was charged with—he said he knew nothing about it—I asked him whether he knew a person of the name of Tiggell—he said he did—I saw Mrs. Tiggell apprehended—she was dressed and in bed—as I was taking her to the station she said she did not care a d—if she was transported, that the children belonged to Clerkenwell, and they would be obliged to keep them.
Cross-examined by MR. PAYNE. Q. What did you say to her before she said that? A. Nothing—she was a little excited—I and Brannan dragged her out of bed, and she was very angry—I did not ask her any question.
ANN O'CONNOR . I am in the service of Mrs. Charlotte Chaplyn, a widow, who keeps the house, No. 17, Vincent-terrace, City-road. On Thursday, the 29th of May, the day on which the dressing-case was lost, Mrs. Tiggell was at work during that day—she came about twelve o'clock and went about ten—Bridget Richardson came to the house twice that day—the first time I saw her was about two or three o'clock, and Mrs. Tiggell sent down 1s. and a key to her—she had no opportunity of going into the room where the dressing-case was at that time—the second time I saw her was about ten o'clock, a few minutes before Mrs. Tiggell left—I am quite certain that she came that evening—I do not think she came further than the commencement of the passage on the second occasion—I do not know whether she went up into the bed-room, for I left her—I did not leave her in company with Tiggell—Tiggell was in the kitchen—I went down to her to tell her her sister was there, and she went up immediately.
Cross-examined by MR. PAYNE. Q. Did you see Tiggell come down into the kitchen afterwards? A. Yes, I let her out a few minutes afterwards—I saw nothing with her but a lamb chop and a plate—she had it in her hand—I did not see Richardson go away the second time.
MR. BALLANTINE. Q. Do you know where this dressing-case was kept? A. Yes, in Mr. Kidd's ted-room—I do not exactly know when I saw it last—I think I saw it on the landing that same day about two or three o'clock—I do not know whether that was after Richardson had been, but she could not have come up stairs to get it then, because I was on the landing—there was no other servant in the house besides myself—there was one gentleman lodger besides Mr. and Mrs. Kidd—that gentleman was at home in the morning, but I do not think he was in the evening—I had not placed the dressing-case on the landing.
MR. KIDD re-examined. This ring was in my dressing-case at the time I lost it—my dressing-case had no right to be on the landing—the landing is, perhaps, three or four feet from my room, across a passage.
NOT GUILTY .
1463. EMMA WILMOT was indicted for stealing, on the 14th of June, at St. Luke, Chelsea, 12 spoons, value 8l. 8s.; 1 soup-ladle, 2l. 10s.; 1 pair of asparagus-tongs, 7s.; and 2 bottle-stands, 6s.; the goods of William Paxton Jervis, in his dwelling-house; and SARAH VICK for feloniously receiving the same, well knowing them to have been stolen, &c.
ANN CHAMBERLAIN . I am in the service of William Paxton Jarvis, of 59, Cadogan-place, in the parish of St. Luke, Chelsea. I have known the prisoner, Wilmot, about two years, by having taken apartments in her house for my son—his widow and children live in her house now—she has been in the habit of visiting me at my master's since Jan. last, and brought my granddaughter to see me—on Sunday evening, the 15th of June, I missed six dessert-spoons; five gravy, and a table-spoon; a soup-ladle, and one pair of asparagus-tongs, from the side-board drawer in the dining-room—it was never locked—I had seen them safe on the 17th of April—I had been to the drawer since, but did not examine the articles—the prisoner had visited me the evening before I missed the articles—she came on the Saturday evening to ask if she could do anything for me—we both went out at the street door together, and parted at the door about a quarter past eight o'clock in the evening—I locked the street door and left nobody in the house—I went towards Sloane-aquare, and she towards Knightsbridge—I was absent from a half to three quarters of an hour, then returned to the house—everything appeared as I had left it—I did not go into the dining-room that night—I missed the articles on Sunday morning, and gave information to the police and to my master—the prisoner called, I think, on Monday morning, to pay me a trifle of money—she had borrowed of me, but I did not tell her of my loss—I gave information to the police on the Wednesday by direction of my master—I waited till he came to town—I do not remember the prisoner calling again till the Saturday evening—I taw her on the Sunday night, and she agreed to come on Monday to help me, which she did—she was assisting me in the drawing-room, and in conse-quence of something which happened I sent for a policeman—while he was gone for, the prisoner went down stairs with me, and wished to go home—I begged her to stay to have lunch—when the policeman came I mentioned the articles I had missed, and she said she had returned and entered the house at the back door with a key, when she found I was gone a sufficient way, and went into the dining-room (having heard me say, when master was robbed before, it was a mercy the plate was safe,) that she took the articles, and she, with another person, erased the crest on those articles which had crests, and pawned them—she offered to go to another room with me and begged the policeman should be sent away—she threw herself entirely on my mercy.
Cross-examined by MR. DOANE. Q. You have known her two years? A. Yes, she and her husband were most kind to me—she bore an irreproachable character—I believe her strictly honest up to this time—I did not know of her being in arrear of rent till she was going to the station-house.
JOHN ROBERTS . I am a pawnbroker, and live in York-street, Westminster. I produce a silver soup-ladle, four silver table-spoons, a pair of wparagus-tongs, a bottle-stand, and other things. On the afternoon of the 16th of June, the prisoner Vick pawned them in the name of Mrs. Graham, No. 4, Elizabeth-street, Pimlico, for 4l.
MRS. CHAMBERLAIN. I have no doubt of these articles being my master's
—the crest has been erased—some have his initials—she said she had broken up a table-spoon, and sold it for old silver.
ANDREW CRIPPS (policeman.) I was called into the house, and saw Wilmot—she asked to be allowed to go with Mrs. Chamberlain, and tell her all the particulars—I afterwards took Vick—Wilmot said in her presence, at the station, she had pledged the things, and had received 30s. for it—Vick denied it, but afterwards Wilmot said, "It is no use denying it, for you have done it; I have told all about it"—she said then, "I have done it; I pledged them, and received 30s., but only borrowed it, and meant to pay it again."
(Wilmot received a good character.)
WILMOT— GUILTY . Aged 25.—Strongly recommended to mercy. Confined Eighteen Months.
VICK— NOT GUILTY .
JOHN WHITE I am in the employ of John Huskisson, baker, High-street, Whitechapel; he does not live at the shop; the prisoner was in his employ, under me, for three months. On the 25th of June Mr. Huskisson gave me 5s. 6d. in pence and halfpence—I put them into the till—I went to the till at four o'clock in the morning, and missed 1s. 6 1/2d.—these are the monies master gave me to put into the till—(examining them.)
Cross-examined by MR. BALLANTINE. Q. Who marked the money? A. Mr. Huskisson, I believe—I did not mark these—I marked 5s. worth of coppers, something similar, once before—I have been in Mr. Huskitson's employ seven years, off and on—the prisoner has been so very nearly twelve months—there have been some complaints made to me by my master about missing money—I knew it must be the prisoner, and told my master so, and we marked the money to catch him—he was taken into custody on the 26th of June—I used to pay him his wages on a Saturday night—I had done so on the Saturday before the 26th—I paid him in silver, I believe—I cannot say whether there was a 5s. packet of halfpence among it—sometimes there was—I am not much of a hand at card-playing—I have, not practised it latterly—I owed 5s. to a person named Burridge last Christmas—I paid him on the 25th of June—I did not pay him before because it did not suit me—I was not hard up—I knew he did not want it—I had the money, if I had thought proper to pay it—I had no difficulty about paying—I paid him in two half-crowns, not with a 5s. packet of halfpence—he had been with me some time on the Wednesday afternoon at my master's house—he might have been there three or four hours, not drinking all the while with me—John Tampion was there also—we had no cards, we were drinking and smoking—I do not know that my master knew of it—it is very seldom that I have any friends there—I do not know that the prisoner is any relation of my master; I never heard it, nor is he any relation of mine—my master gave me this marked money on Wednesday night, the 25th, the same night I had my friends at the house—I put it into the till.
JOHN HURKISSON . I am a baker, in Whitechapel. This is the copper money I marked—I know these as my own marks—after I marked it I gave it to John White, the shopman, on Wednesday night, the 25th—I believe this is the same money—I gave him 5s. 6d.
Cross-examined. Q. Did you know of bis marking some other money? A. I did—I can produce some of that money—here is a shilling's-worth—I have not threatened to turn White away—I never said a word to him about losing money—he first told my wife the prisoner must have stolen it—my wife told me what he said—she is not here—we had missed money six months before—White knew of it—he was not my shopman then—he was working in the bakehouse at that time with the prisoner—my wife superintended the shop more than myself, and knows more about the money matters—it was in consequence of something she told me I marked the money and gave it to White.
JOHN COX (policeman.) The prisoner was given into my charge—I searched him, and found on him twelve penny-pieces and thirteen halfpence marked money, and six farthings not marked, which I produce—I said he was charged with taking them from his master—he made no reply.
OLD COURT.—Wednesday, July 9th. 1845.
Third Jury, before Mr. Common Sergeant.
1465. SARAH CLYMER was indicted for stealing, on the 21st of June, 1 bag, value 2d.; 16 sovereigns, 1 half-sovereign, and 7 shillings; the property of James Symes, in the dwelling-house of William Hart.
JAMES SYMES . I melt kitchen-stuff. On Saturday the 21st of June, about half-past four o'clock, I was at a public-house in Ray-street, Clerkenwell—I had a bag with me containing 16l.17s. in sovereigns, half-sovereigns, silver, and half-pence—I had got a check cashed in Shoemaker-row not an hour before—while I was drinking I put my beg on the counter—I forgot to take it up again and went away without it—I went back again in about half an hour to look for it and it was gone—I went for a constable and returned with him to Mr. Hart's house—in consequence of what he said I went with him in search of the prisoner, whom we found in Old-street—she was taken to the station, searched, and 15l. 19s. found on her in sovereigns and half-sovereigns.
WILLIAM HART . I keep the public-house. I know the prisoner—I saw her at my house that afternoon when the prosecutor was there—I saw her pick up the bag, put it into her basket, and walk out with it—I went after her with the prosecutor, taw her searched and the money found on her.
(The prisoner put in a written defence, stating that she picked up the bag in the house.)
GUILTY . Aged 70.—Recommended to mercy.— Confined Three Months.
WILLIAM BROWN . I live in Dean-street, Soho. On the 3rd of july I was on the Tower wharf, loking at a rowing-match—in consequence of information I missed my handkerchief, which I had used two or three minutes before—I saw it in the hands of the constable aferwards while conveying the prisoner to the station-house—there was a scuffle, and some of the mob got the handkerchief away.
JOHN DAVIS (City police-constable No. 551.) I was on Tower-hill and saw the prisoner put his hand into the prosecutor's pocket, draw out 1 handkerchief and pass it to another person—I informed him, and took both into custody and tied them together with the handkerchief—the prosecutor saw it and said it was his.
GUILTY .† Aged 23.— Confined Six Months.
SAMUEL SERGEANT. I am a coal-merchant, and have one partner. About the middle of Nov. last I lost an iron pump and a trough—I found it in a barge belonging to Morton and Co. on the 19th of Jane—I am sure it was the one I had lost—the trough was marked with tny name—I know the pump by its peculiar make and finish—I know the prisoner—he is a lighterman and barge-builder.
JOHN MORTON . I was present in Nov. last when the prisoner came to St. George's-wharf, Milbank-street, with a barge of coals and a pump, which he sold to me—this now produced is it—the trough came up in a baige belonging to Mr. Sergeant about the middle of March.
Prisoner. Q. Will you swear it was me that sold it, or two men named Wilson and Rattenbury? A, I will swear it was you.
Prisoner's Defence. I acknowledge that I sold a pump on the 28th of Nov. to Mr. George Morton at Wapping (Mr. John was not present,) and he paid me the balance on the 30th at Westminster—this is not the pump that I sold.
(The prisoner received a good character.)
GUILTY . Aged 37.— Confined Three Months.
Before Mr. Justice Williams.
GUILTY . Aged 30.
Mr. Robarts, the prosecutor; Nathaniel Hibbert, Esq., in whose service the prisoner lived three years; George Bailey, a licensed victualler, Jermyn-street; and—Collins, a domestic, 116, Titchfield-street, who had both known him nearly twenty years, deposed to his previous good character.
(There were two other indictments against the prisoner.)
Transported for Ten Years.
Bassett's brick-field—I knew the deceased—his name was George Chalk—he used to push out the barrows of bricks for his grandfather, who is a brickraaker—he was about thirteen years of age—on Wednesday, the 6th of Jane, between twelve and one o'clock in the day, I was coming out of the brick-field and heard the boy cry—I turned round and saw the boy lying down at the back of his grandfather—I cannot say whether he was on bit face or his back—I was not close enough to see—the prisoner was gone to his work at that time—he is a temperer to his father—I did not tee him do anything to the boy—I did not go near the boy—I walked out of the field—the boy came to his work next day and worked all the day—I saw him on the Sunday morning—Mr. Mullins attended him—I did not tee him any more till after he was dead—that was on the Monday week after—he was then in the hospital—I never saw the prisoner do anything to him.
Cross-examined by MR. HORRY. Q. Do you know that he was a very bid boy to his parents? A. Yes, a very disobedient unruly boy—when they told him to do anything he would say, "No, I sha'nt do it, sooner than do it I would go away"—he has been complained of for running my, once or twice.
CHARLES CHALK . I am the grandfather of the deceased George Chalk, and the father of the prisoner—I was in the brick-field on Wednesday, the 6th of June, between twelve and one o'clock—the prisoner and the deceased were there—I was standing at work and heard the boy cry oat—I turned round and saw him on the ground—the prisoner stood over him with his hand up, but he never struck a blow while I saw him—I had seen the boy not two minutes before, standing behind me, and asked him to go and fetch a bottle of water—he said he would not—his sister asked him to fetch a barrow of sand—he made no answer, and would not—his father stood pretty close to him, and when I turned round he was on the ground, and the prisoner over him with his hand up as if going to strike him—it was his open hand, not his fist—I did not see him strike—the boy immediately flew away ten or twelve yards, and said, "I will have no more of it, I am off for good now"—I taw him again next morning—he came to his work at nine o'clock—he was very well in health, and went to his work directly—he remained at work all day in the field till between till and seven o'clock at night—about six or seven on Saturday evening he complained of the belly-ache—he said, "I very often hare it, I will go and stand on my head, that cures me"—he went and stood on hit head, but it did not cure him—I gave him 1d. to get some gin and peppermint—he had it, and after a time he turned very sick—he went to the hospital on the Wednesday following the 11th—he had been very bad till then, and complained of his bowels—he died on the Sunday weak following, at five o'clock in the evening.
JAMES NEWMAN . I was in the brick-field on the 6th of June, about twelve or one o'clock in the day—I heard the boy halloo—I was nineteen or twenty yards away—I turned round and saw the boy lay down—he jumped up, ran away, and said, "I will not stop here any longer"—I did not see anybody touch him—the prisoner was five or six yards from him.
ELIZBETH CHALK . I am the prisoner's mother, and grandmother to the deceased—I was in the field on the 6th of June in the middle of the day—I did not see the boy fall—I heard him cry out, and when I turned round he ran away underneath the brick-making table out of my sight—I
did not see anybody strike or kick him—the prisoner was about two behind me when the boy cried out, and about two or three the boy—I did not see him touch the boy.
GEORGE MULLINS . I am a surgeon. On Monday, the 9th of June I was called in to see the deceased—he had pains in the lower part of his belly on the right side—I attended him till Wednesday the 11th—he then went to the hospital, and I saw no more of him—I cannot tell the caoie of his ailment—there was not the slightest external mark of violence.
THOMAS WEEDON COOK . I am house-surgeon at the Royal Free Hospital—the boy was brought there on Wednesday the 11th—I attended him—he lived eleven days—he died of peretoneal inflammation, terminating in abscess—I cannot tell whether that was produced by external violence or not.
Cross-examined. Q. I believe you discovered there had been an escape of purulent matter into the bronchial tube? A. Yes, and that was the immediate cause of death, no doubt—I found an ulceration through the diaphragm into the lung—it had not begun in the lung, but in the abdomen, and the ulceration took place through the midriff and into the long—violence to the abdomen might have occasioned the inflammation—I should attribute the belly-ache complained of to the inflammation in the bowels—whether that was occasioned by external violence to the abdomen I cannot say.
MR. MULLINS re-examined. Mrs. Parker is very near her confinement, and very probably has been taken ill.
NOT GUILTY .
1470. WILLIAM WARREN was indicted for feloniously assaulting Sarah Warren, on the 18th of June, and cutting and wounding her upon her neck and throat, with intent to murder her.—2nd COUNT, with intent to do her grievous bodily harm.
MR. ADOLPHUS conducted the Prosecution.
SARAH WARREN . The prisoner is my husband—we have been married five years next Sept.—we lived at No. 5, Nottingham-street, Waterloo-town—he is a shoemaker—we lived on pretty comfortable terms up to the time this happened—on the 18th of June, between eleven and twelre o'clock in the day, my husband was at work, and we had some words concerning wearing apparel—I had on a brass ring at the time, as my wedding ring was in pledge—I threw it off, and said I would not wear it any longer unless I had my wedding ring—I do not recollect my husband saying anything, but I said I would leave him—I did not give any reason, no farther than concerning the wearing apparel—he asked me if I intended taking the children—I said yes—I had one baby in the front parlour at that time—it was not in my arms—he asked me not to go—I said I would, and would take the children—he jumped up and pulled my head back—I thought at first that he was going to play with me, but he cut my throat—he had the knife in his hand cutting some leather—it was done so momentary that I did not feel the knife cut my throat—I jumped up from the chair, and fell down—I got up again—he seemed very much excited—I screamed once after I felt that I was cut—I tried to prevent him from cutting his own throat, but he seemed so excited that I could not—he cut himself in the throat—I saw some persons in the back yard—they opened
the door, and I ran out—I have joked with my husband about a ring that another man had presented to me, but there was no foundation for anything of the kind, he fancied it—I did not joke with him about another man giving me a ring, but about another man—that joking was going on at the time this happened.
Cross-examined by MR. ROBINSON. Q. You have always lived on very good terms? A. Yes, except when we have had a few words concerning joking—he did not take it as a joke—he always behaved well to me—there was some talk about a ring being in my bosom—my husband thought thai I hid one, and that was the subject of discussion at the time this happened—it was all the work of a moment.
COURT. Q. Where were you cut? A. In the throat, low down—I ran to a surgeon's, and was then taken to the London Hospital.
SARAH LOW . I keep the house in which the prisoner and his wife lived, for upwards of six months before this happened. On the 18th of June I was in my kitchen, adjoining their room—I heard a loud scream, and heard the prisoner say, "I have done it, I have done it"—I ran and knocked at the door, and said, "What is the matter, Mrs. Warren? let me in, open the door," but I got oo answer—I heard the prisoner say, "This is all your fault"—she said, "It is not my fault"—I ran to the yard door, and called my husband, who came, and one or other of us opened the door—I told my husband to go and get further assistance—I ran to the street door, and called "Police I" my husband ran out into the street—I had not seen either of the parties at that time—I stood at the street door a little time, and while standing there Mrs. Warren came running out, holding some of her clothes up to her throat, ran past me, and along the street to a doctor's—I observed her clothes were very much covered with blood—I spoke to her, but she made no answer—I did not follow her—as I was standing at the door the prisoner came staggering out of the room—he fell in the passage, and blood was issuing from his throat as he lay there, dribbling down on the floor—I said, "Oh you wicked man, why have you committed such a rash deed?"—he said, "I am not wicked; you would pity me if you knew all"—I said, "I considered you a very happy couple, and most affectionate"—he aid, "This day she was going away with another man"—I said I considered them such a happy couple that I could not think it, for I bad never heard anything amiss in the house, and never saw any one go in bat his brothers—he said there was another man always about the house, but I never saw him—he was lying bleeding in the passage when this conversation took place—I took a handkerchief, and one of the neighbours hound it round his throat, and he was conveyed away on a shutter to the hospital—I should suppose he was badly cut—Mrs. Warren was shortly after brought back by some policemen—she staid in the house a short time, and was then conveyed to the hospital.
Cross-examined. Q. I believe you know the prisoner to be a very hard-working, industrious man? A. I never saw anything amiss of him—they appeared a most affectionate couple, and that made me so much surprised then I heard this scuffle.
JOHN LOW . I am the husband of the last witness, and am a shoemaker. On the 18th of June I was at work in a small shed at the back of my house—my wife came and told me something was amiss in Mr. Warren's room—I went to their window, which looks into the back yard, looked under the curtain, and saw the prisoner and his wife both on the floor, struggling together—it appeared to me as if he was striving to get something
from her bosom—she was undermost, and was holding a shoemaker's broken knife firmly grasped in her right hand, as far as she could away from them both—I rushed through the kitchen to the back room in which they were, and knocked at the door—it was closed—my wife said, "What is the matter, Mrs. Warren? do open the door"—by that time they had regained their footing—they were still struggling together, he making every effort to get something from her bosom—I tried to go in, but my wife would not let me without assistance—I went out to get assistance, and when I returned they were both gone away.
JOHN KERSEY (police-constable K 112.) I was called in to the house on the 18th of June, and saw the prosecutrix being brought back by King—I went into the back room with her, and sat her down in a chair; and finding she was very much exhausted, I ordered her to be taken to the hospital—I found this knife under the window—I handed it over to King while I took her to the hospital—I saw some blood about the door and door-post.
Cross-examined. Q. I suppose it is precisely in the same state as you found it? A. Yes.
PETER GOWLAND . I am a surgeon at the London Hospital. On the 18th of June Mrs. Warren was brought there with a wound in her throat, such as might be inflicted with a knife like this—it was not very deep—it slightly wounded the left trachea—it might have been about two inches and a half long, and about three quarters of an inch deep—I saw the prisoner—he was wounded in about eight or nine places in the throat, only through the integuments.
GUILTY of an Assault.—Strongly recommended to mercy.— Confined Three Months.
1471. HENRY LOWDON was indicted for feloniously forging a request for the delivery of 4 quires of a certain newspaper called The Pictorial Times, with intent to defraud Andrew Spottiswoode.—Other COUNTS, stating his intent to be to defraud other persons.
MR. BALLANTINE conducted the Prosecution.
GEORGE HENRY CRAPP . I am clerk to Charles Evans, publisher of the Pictorial Times. On the 13th of June this paper was left at our office—I saw the person who left it, but do not recollect him—it is a request to deliver four quires of the Pictorial Times—it is the usual mode in which Mr. Simmons sends for papers—they were delivered according to this request—I knew the prisoner as coming from Mr. Simmons, a newspaper agent in Cornhill—he was his errand-boy—I cannot say whether the specimen of "Waterloo" was delivered—I think not.
CHARLES PIERRE ROBERTS . I am clerk to Messrs. Peter Lund Simmons and Ward, of Cornhill. The prisoner was their errand-boy, and fetched newspapers when we wanted them—this paper is in his handwriting—I have seen him write very often—I have no doubt of it—(read)—"Please give bearer four quires Pic. Times, for Simmons and Ward, C. P. R. Also specimens of 'Waterloo.'"—"C.P.R." means me—it is not my writing—he had no authority to write it.
Prisoner's Defence. Some time ago Roberts said he did not know his own handwriting; he was looking over the "Hall of Commerce" book to
see how many papers were sent, and said he could not tell his own handwriting from Clowes', another clerk.
CHARLES PIERRE ROBERTS re-examined. The mistake was not as to the handwriting—I could not find an entry I wanted in the book, but when I found the entry I knew it was my own writing—my difficulty was to find the entry at all.
PETER LUND SIMMONS . I am prisoner's master. I have seen the prisoner write repeatedly in our office, and have no hesitation in saying this order is his writing—the Pictorial Times is charged 5d. to the trade, and twenty-seven to the quire—the "Waterloo" is a picture given with the paper—Andrew Spottiswoode is proprietor of the Pictorial Times.
GUILTY . Aged 17.— Confined Two Years.
(There was another indictment against the prisoner.)
1472. JOHN COURTNEY was indicted for feloniously forging a request for the delivery of 1 quire and 9 sheets of a certain newspaper called the Pictorial Times, with intent to defraud Andrew Spottiswoode.—Other COUNTS, stating his intent to be to defraud other persons.
GEORGE HENRY CRAPP . I am clerk to Mr. Charles Evans. On the 14th of June this paper was left at the office—the goods mentioned in it were delivered to the person—I do not know who—the value of them was 14s. 14d.—Mr. Evans is publisher of the Pictorial Times—Mr. Andrew Spottiswoode is the proprietor—I knew the prisoner as errand-boy at Simmons' establishment—(order read)—"Please deliver to bearer 1 qr. 9 Pic. Times, for Simmons and Ward. C. P. R."
Cross-examined by MR. DOANE. Q. You have no recollection who presented the order? A. No, 1 do not recollect giving the papers, but I have entered them in the book myself as delivered.
CHARLES PIERRE ROBERTS . I am clerk to Peter Lund Simmons and Ward. The prisoner was in their employ as errand-boy—I believe this order to be the prisoner's handwriting—I have frequently seen him write—I gave him no authority to write it, and never received the articles.
Cross-examined. Q. I suppose you have received Pictorial Times from him? A. Yes, he was sent for them several times—he has been in Messrs. Simmons' service two or three months—I have been there nearly two years—I was in the habit of making out orders of this description—I am positive it is not my handwriting—I cannot undertake to swear I did not get a quire of Pictorial Times on the 14th of June—I might have done so, or other clerks might—it is my duty to write orders—no other clerk ever wrote one to my knowledge—there was an arrangement that my initials, were to be signed to test the accuracy of orders—my master never wrote one to my knowledge—the prisoner used to write newspaper directions in my presence almost every day, and from that I form my judgment of his handwriting—it is my decided belief that it is his handwriting—I have looked at it carefully, and have no doubt whatever of it—It is certainly not like my writing—it is not disguised, but written as the prisoner would write.
MR. BALLANTINE. Q. I believe at the time it is dated he was not in your service? A. I cannot say positively.
Cross-examined. Q. Have you had opportunities of seeing him write? A. Yes, newspaper directions—I have no doubt of it being his.
(John Ritchie, baker, of Cannon-street, City; Charles Beresford Ingledew, Northampton-terrace, City-road; Mary Gill, Denmark-street, Soho; and Richard Ingledew, Stable-street, Long-acre, gave the prisoner a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor and Jury.— Confined Two Years.
(There was another indictment against the prisoner.)
1473. THOMAS KING was indicted for forging a request for the delivery of 5 quires of the Pictorial Times, with intent to defraud Andrew Spottiswoode.—Other COUNTS, stating his intent to be to defraud other persons.
GEORGE HENRY CRAPP . I am clerk to Mr. Charles Evans, publisher of the Pictorial Times. On the 23rd of May I received this order—(read)—"Please deliver to bearer five quires of Pic. Times, for Simmons and Ward. C. P. R."
Cross-examined by MR. PAYEN. Q. How do you know the papers were delivered to that order? A. By the entry in the book in my own writing, and the order being on the file—it is the practice of the person giving out the papers to enter them.
Cross-examined. Q. How many times do you think you have seen him write? A. I cannot say—he was in the prosecutor's service, I think, from the beginning of April—we have generally two errand boys—this "C. P. R." are not my initials—it is exactly as I have seen the prisoner write newspaper directions—I have seen him write a great many times.
COURT. Q. About how many newspapers do you send a day? A. The smallest number is eight or ten, sometimes we send 200.
MR. PAYNE. Q. What is the "Hall of Commerce book?" A. It is a book we enter newspapers sent to the Hall of Commerce—I did not look at and confound my own writing with other clerks—I might pass over my writing in the book, as it escaped my eye, but when I saw it I had no doubt of it—I cannot positively swear I did not mistake Clowes' writing for mine, but have no recollection of it.
MR. BALLANTINE. Q. Is this Clowes' writing? A. No.
Cross-examined. Q. How long was he in your employ? A. About two months—I have looked over the covers which were written by him, and seen him write daily almost—I will not swear as to a dozen times, but will to half a dozen.
(----Fiddes, John-street, Bedford-square, cooper; Charles Berry, Eltham-place, Dover-road; Augusta Webster, West-square; Thomas Newland, Camomile-street, Bishopsgate-street, carman, gave the prisoner a good character; and Mr. Fiddes offered to take him into his employ.)
GUILTY . Aged 17.—Recommended to mercy.— Confined Two Years.
(There was another indictment against the prisoner.)
Before Mr. Justice Williams.
MR. BALDWIN conducted the Prosecution.
MARIA SUSAN QUANTIN . I live at No. 12, Lyon-terrace, Edgeware-road, and am single. The prisoner came into my service on the 24th of May, and on Saturday morning, the 7th of June, about' half-past ten o'clock, she said she would leave, as the situation did not suit her—she was to leave in the evening, but absconded directly that morning—I examined my cash-box, which I keep in my bed-room, on the Thursday following, and missed a 10l. note—I had ten 10l. notes there—I saw them safe the first week she was with me, but not afterwards—the numbers were 34422, and the others were in rotation—I got the numbers from my agent who pays me—I swear I had ten notes—I frequently trusted the prisoner with a bunch of keys on which was the key of the cash-box—the keys on the hunch opened several cupboards—she had them two or three days before she left, and frequently was sent to a cupboard where things for the use of the kitchen were kept—the first time I tent her for my cash-box was to pay a bill—she brought it down—I took it into the front kitchen and opened it—she did not see me take the money out, but she knew it came from the box—I never gave her a 10l. note to change, or for any purpose.
Cross-examined by MR. BALLAKTINE. Q. What other servants had you? A. Only herself—I have a gentleman lodges with me, nobody else—during the fortnight she lived with me I had no other servant—before I missed the note I had a very respectable young woman to assist me, and she is with me now—she came on the Sunday, and her sister came on Saturday night while I was alone—the keys were not left about then—I knew Mrs. Cuer formerly—she never came to my house but once, that was two days before the prisoner went away.
JANE MAZE . I am the wife of George Maze, and live in Lewisham-road. The prisoner came to lodge at our house on Monday evening, the 9th of June—I saw three sovereigns in her possession on the Wednesday following—she took three out of a purse, and asked me to get change for one—I assisted her to make a dress, and trimmed a bonnet for her while she was there.
JOHN WM. SMITH DOVE . I am servant to Mr. Derry, a linen-draper, at Blackheath. I know the prisoner—she came to our shop on Monday, the 9th of June, and bought a bonnet and some ribbon—she came almost every day and bought articles, and paid me in all from 2l. to 3l. I should say.
Cross-examined. Q. Was she alone? A. She was with an elderly female once—the prisoner paid on every occasion.
MISS QUANTIN. I have no mark of my own on the note
JAMES PALMER . I keep the Lord Chancellor public-house, North-street, Edgware-road. I changed this note on the 4th of June, and have put the name of "Quantin, 4—6—45, A. P." on it—I know Mrs. Quantin very well, and to the best of my belief it was the prisoner changed it, but will not swear it—I am certain it was not Mrs. Quantin herself.
Cross-examined. Q. It might have been brought you by anybody? A. It might—I know it was brought from Mrs. Quantin by the name on it—I have some faint recollection of the person; but not to swear to her.
SARAH EVELEIGH . I am searcher at the police-station, Greenwich. I searched the prisoner on the 17th of June, and found 19s. in silver, and 1d.—she had two rings on her finger, which she took off—she had a new dress, a new bonnet, new handkerchief, shoes, and parasol, which she took off, and put on her old clothes—she was very much agitated, and said, "I wish to tell the truth"—I said, "I don't wish to hear anything about it"—she said, "I cannot be happy till I tell the truth; I took three sovereign! from my mistress"—I said, "I believe you are charged with taking a 10l. note"—she made no answer to that—she was then taken up stairs—before she went she said she was very weak, and wished me to make her a cup of tea—I made her some half an hour after, and took it up—she took it in through the little door, and said to me, "Did not you tell me I was charged with stealing a 10l. Bank note?"—I said, "Yes, you are"—she said, "Well, I will tell the truth, I did take the note, and kept it several days before I changed it; I changed it at the Lord Chancellor."
Cross-examined. Q. You did not wish to hear what she had to say? A. No—I have been told not to ask questions, and I was busy—I did not want to hear anything about it—my husband is a policeman—I do not think I saw him after the prisoner asked for the tea—I saw several police-sergeants—a young man at the station told me she was charged with stealing a 10l. note—I did not hear it was changed at the Lord Chancellor till she told me.
JOHN BOOTH (police-sergeant.) In consequence of information I went to Mr. Maze—I produce two silk handkerchiefs, a pair of new gloves, two collars, two pairs of silk stockings, a parasol, bonnet, and other articles.
J.W.S. DOVE re-examined. I sold these two handkerchiefs to the prisoner on Saturday, and these collars—I cannot swear to the bonnet.
MRS. QUANTIN. I had not paid her any wages.
(John King, carpenter, Halls-place; Richard Barden, collector of poor-rates of St. Andrew's, give the prisoner a good character)
GUILTY. Aged 19.—Recommended to mercy by the Prosecutrix and Jury.
Transported for Ten Years.
Before Mr. Justice Williams.
GUILTY .* Aged 25.— Transported for Seven Years.
Before Mr. Baron Alderson.
GUILTY . Aged 20.— Confined Six Weeks.
MR. DOANE conducted the Prosecution.
ELIZABETH FLACK . I kept a coffee-shop, in Cherry-street, Golden-square, but have been obliged to leave it on account of ill—health. The prisoner assisted me in my business for three weeks during my illness, at
1s. a week—I discharged her on the Monday evening—a day or two after she left I missed three pairs of sheets, four or five pillow-cases, petticoats, stockings, and other articles—a few days after I met her in the street—I told her I wanted her, took her to her lodging, and gave her in charge—I have since seen some of the things at the pawnbroker's—here is an apron—(produced by Laws)—it belongs to a lodger of mine, and was left in my care—I missed it—I never gave it to the prisoner, nor authorised her to dispose of it.
Cross-examined by MR. PRENDERGAST. Q. Did you know her before? A. No, but I am positive of her—in taking in linen we generally take notice of the parties—I am quite certain she is the person.
JOHN SIMPKIN . I am shopman to Mrs. Fleming, a pawnbroker, in John-street, Golden-square. I produce two pieces of linen pawned for 1s. 6d., on the 30th of May, by the prisoner, in the name of Jane Dignum.
Cross-examined. Q. Did you know her before? A. No.
Cross-examined. Q. You have not been married? A. I have been married to a person named Edward Roach—I have not gone by his name because he was a married man, and was tried six months ago for bigamy—Flack is my maiden name—I have gone by the name of Flack, except by that marriage.
THOMAS LAWS (police-constable C 112.) The prisoner was given into my custody by Miss Flack, on the 25th of June, at her lodgings in Titchfield-street—I told her she was charged with stealing some sheets, and asked what she had done with them—she said she had pledged them—I asked her where the ticket was—she instantly took this ticket from her bosom, and gave it to me—I took her to the station—I went to her lodging again the same day, and found this apron and four more duplicates, one relating to the two pieces of linen.
A. BLIZARD re-examined. This is the duplicate of the sheets, which I gave the prisoner.
J. SIMPKIN re-examined. This is the duplicate I gave the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Year.
Before Mr. Baron Alderson.
1478. ANTHONY ALDERED was indicted for feloniously forging and uttering a receipt for the payment of 1l. with intent to defraud Edward Cooper, the elder:—two other Counts, with intent to defraud Edward Cooper, the younger:—two other Counts, to defraud " William, Earl of Lonsdale, Her Majesty's Postmaster-General; and that he had been before convicted of felony.
MESSRS. ADOLPHUS and BODKIN conducted the Prosecultion.
EDWARD COOPER . I keep the Stag's Head public-house, at Hadleigh, Suffolk—I have a son named Edward, who lives in London—about the 7th of June last I received this letter by post—I believed it to be my son's writing—(read—"Thursday evening, 4th June. Dear Father and Mother,
I hardly know how to word the note I am writing to you. At the time of my misfortunes last summer, I, among other things, owed a coal bill, which I have sometime since been summoned for, but which, through the man's insolence, I swore I never would pay. A few words ensued between me and my landlord last week, and we agreed to move; we were doing so this day, Thursday, when, suddenly, our goods were seized for the coal bill and expenses, in all 3l. It so happens that I have no money in Mrs. Rogers's hands. We have managed to make up 2l. at least we will do so, and I have sent to ask you if you will stand our friend once more by sending up a sovereign by return of post, and I will repay you again by post in the course of next week. If you send it to me do it by return of post, as I have a man in possession, which runs up 3s. 6d. a day, expenses. Excuse us saying any more, as I am almost too late for the post. We send our love, &c. Please direct the letter to Mr. E. Cooper, at Mr. Jackson's, 82, Friar-street, Blackfriars-road, London"—dated 4th June, post-mark 5th June)—in consequence of receiving this letter I went to the post-office at Hadleigh and procured a post-office order for 1l.—this is it—I enclosed it in a letter addressed as requested in the letter—I sealed it, paid 1d., and put it in the post-office myself—I never heard from my son, acknowledging the receipt, I wrote again to another place, where he had lived, and this was discovered.
ALFRED ELLESDEN . I am a clerk in the post-office at Hadleigh—on the 7th of June I gave the last witness this order for 1l.—it contains the name of the person to whom the money is to be paid-we sent a letter of advice containing the name of the person to receive the money—this is the advice—it is my father's handwriting—(read—"E. Cooper, Hadleigh, inn-keeper, 169—payable to Edward Cooper, 1l.—Order 169. 1l. Post-office, Hadleigh. Credit the person named in my letter of advice. Received the above. Edward Cooper.")
Witness. At the time the order was sent, the receipt at the bottom had no name to it.
GEORGE HAZLETON . I am a letter—carrier of the General Post-office—Friar-street, Blackfriars-road, is in my delivery—I recollect about the 7th or 8th of June having a letter to deliver for Mr. Cooper, at Mr. Jackson's, Friar-street, Blackfriars-road—I cannot recollect the day—it was the only letter I had by that name—I went to the house with the letter, and saw Mrs. Stanley there—while I was inquiring for Mr. Cooper the prisoner came up-to the best of my belief he is the man—I cannot swear to him positively—he asked me if I had a letter for Mr. Cooper—I said I had—I had just givea it into Mrs. Stanley's hand—she gave it to the man, and he went away—to the best of my belief the prisoner is the man—he met me at the door—I asked him if he was Mr. Cooper—he said he was—he was two or three minutes under my sight—I have no doubt of his being the person—I never saw him before to my recollection—I had no reason to suspect him.
JOHN MASTERS KING . I am a clerk in the Money Order Office at the Post-office—this advice was in the office—a person applied for the money mentioned in that advice, and gave me this order, dated 7th June, No. 169—I paid the money upon it on the 9th of June—the name of Edward Cooper was signed to it—it was given me by the person to whom I paid the money—I have no idea who the man was who gave it to me—I do not know whether he signed the receipt when he was there, or whether
he brought it signed, but it was signed, or I should not have given him the money.
EDWARD COOPER , Jun. I am the son of Mr. Cooper. In the beginning of last month I lived at No. 97, Broadwall, Stamford-street—I did not live at No. 82, Friar-street, and had no knowledge of anybody there—this letter is not my handwriting, nor was it written by my authority—I knew nothing of it till the discovery took place—I have known the prisoner about seven years, through his being apprenticed to my wife's father—he had an opportunity of knowing my handwriting—he knew my father lived at Hadleigh and the circumstances of my family—I had seen him a few months before this matter occurred—I am acquainted with his handwriting—I believe this letter to be his handwriting—I have seen him write repeatedly—the signature to this receipt is not mine—I believe that likewise to be the prisoner's—I never authorized him to write or sign it.
Prisoner. I never saw his handwriting. Witness. I am sure he has seen me write—I bought a clock and several things of him, and gave him my I. O. U. for a few shillings, and he was present when I wrote it—I do not remember any other instance of his seeing me write.
MR. BODKIN. Q. Is that letter like your handwriting? A. Not the letter—the signature is an attempt to copy my handwriting.
FANNY COOPER . I am the wife of last witness. The prisoner was apprenticed to my father, whose name is Camp—I have seen him write very often—I believe this letter to be his handwriting—I have no doubt at all about it—I believe the signature "Edward Cooper" to this order alto to be his handwriting—the prisoner knew where we lived—he knew my father-in-law by seeing him at our house, and knew our circumstances.
WILLIAM CAMP . The prisoner was my apprentice, and was with me seven years—during that time I had frequent opportunities of seeing him write—I believe this letter to be his handwriting—it certainly is his—I have no doubt of it—the signature to the receipt is also his writing, although done with a trembling hand.
WILLIAM STEEL . I live at No. 82, Friar-street, Blackfriars-road. I have known the prisoner about twelve months—in the early part of June I lived at the same house under the name of Jackson—the prisoner was aware of that.
JURY. Q. Did you know of the letter coming? A. I had not the slightest idea—I never gave the slightest permission about it—I had not a farthing of the money—I never knew he got it until I was told of this.
Prisoner's Defence. I never wrote the letter to Hadleigh, and never received the money; I did not know the direction to write; as to the Post-office order, I never had one in my hand, and never saw one; the writing is not mine; I never saw it to know whether it is like mine; I never signed anybody's name but my own to any letter I ever wrote.
MR. CAMP re-examined. I was the prosecutor of that indictment—the prisoner is the person I prosecuted.
GUILTY . Aged 22.— Transported for Fourteen Years.
OLD COURT.—Thursday, July 10, 1845.
Second Jury, before Edward Bullock, Esq.
1479. ROBERT PERCIVAL BERKS was indicted for stealing, on the 24th of June, at St. James's, Westminster, 1 watch, value 10l., the goods of James Cowley, in the dwelling-house of Edward Cartwright:—also 1 seal, 10s.; 1 watch-key, 6d.; and 2 handkerchiefs, 5s., the goods of William Hoskins; and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 19.— Transported for Ten Years.
GUILTY on 2nd Count. Aged 22.— Confined Two Months.
GUILTY . Aged 54.— Confined Two Months.
Before Mr. Baron Alderson.
GUILTY . Aged 40.— Transported for Life.
1483. WILLIAM LEONARD and JOHN O'BRIEN were indicted for feloniously assaulting Ellen Reeng, on the 31st of May, and setting fire to a large quantity of certain inflammable gas, and thereby burning her upon her head, face, neck, breast, arms, and other parts of her body, with intent to murder her:—other Counts, varying the manner of stating the charge; and PATRICK TWOHY for feloniously inciting them to commit the said offence.
MESSRS. RYLAND AND LAURIE conducted the Prosecution.
ELLEN REENG . I am a widow, and keep the Black Horse public-home, in Petticoat-lane, Aldgate—the prisoner, Twohy, was in the habit of coming to my house almost every day from the 17th of March up to the 31st of May—he never lodged in my house—he offered me marriage, and said he would not go out without I gave him an answer—I said, "You go away to-night, and I will inquire after your character," and next day I told him I refused his offer—he said he would have my life if I would not marry him—he frequently said that I had robbed him of 40l., that I had slept with him, and kept him in my arms day and night for six weeks—that was not true—the last time I gave him his answer he said he would give me a worse death than Jane Shore's—in consequence of those threats I went before the Lord Mayor on the 30th of May, and bound him to keep the peace towards me—he got bail on that day—I heard that O'Brien was one of his bail, but I was not there—on Saturday, the 31st of May, about eight o'clock in the evening, Leonard and O'Brien came into my house accompanied by a tall female—Leonard and O'Brien went into the parlour, and the female went iuto the yard—the parlour is to the right, the tap-room to the left, and the bar in the centre—from the bar I can command a view of both the rooms by leaving the doors open—O'Brien came out of the parlour again before he could hardly have sat down, and asked me to light the gas—I said, "Mr. O'Brien, I do not allow females in the parlour"—the female
was in the yard at that time—she did not go into the parlour—O'Brien returned back to Leonard, and they remained there ten minutes—I did not licrhtthe gas—I heard the yard door open, and I saw the female come in out of the yard, and the two prisoners came out of the parlour—O'Brien and the female went into the tap-room—Leonard asked me for a pot of ale, which I drew—he said he had but 2 1/2d., and would I make it a pint of half-and-half—I did so, and he took it into the tap-room to O'Brien and the female—my children were at that time playing in the tap-room, and O'Brien began to annoy them by pushing them about—I said, "Mr. O'Brien, I hope you won't annoy my children any more"—he said, "I will, as long as I like, and it won't be long before you, as well as them, shall be annoyed a great deal more"—I then sent the children to bed—afterwards Leonard, O'Brien, and the female came out of the tap-room—O'Brien and the female went out—Leonard staid to have a glass of rum with some man at the bar, and then followed them—my servant came down stairs after putting the children to bed—I told her to fasten the parlour shutters—I followed her to speak about something, and smelt the gas in the passage, between the bar and parlour doors—I then told her to put the window open a bit and sent her across the road for the gas-fitter—she came back and said he was not at home—I took a light in my hand for the purpose of lighting the gas—I put my hand up to turn it on, and could not see the pipe in its proper place—it came down in a branch from the ceiling—I then called out that O'Brien and Leonard must have done it, and called for a cork to put in the fixed part to prevent the gas escaping—I held the candle in one hand and the cork in the other, and stood on a table, and before I had time to put the cork into the fixed part, the light came all around me—it exploded, and I was blown against the window—I made my escape into the street—my face was severely burnt—my ears, neck, hands, shoulders, and part of my arms—my cap and front hair was also burnt, and part of my clothes round the neck—I was taken to the London Hospital, and staid there three weeks—I had seen the gas-pipe safe at half-past seven o'clock, and from that time till I smelt the gas no one went into the parlour but Leonard and O'Brien—I was standing in the bar all that time—nobody could have gone in without my seeing them.
Cross-examined by MR. HORRY. Q. How long did they remain in the parlour after asking you to light the gas? A. About ten minutes—the gas was not lighted—I was getting my supper—it was past nine o'clock when they left my house—I should say rather before half past—I served some customers between that and half-past eight—the gas was lighted in the tap-room and bar—there was no one else in the tap-room but an old man that plays the fiddle about the street—I had sent the children into the tap-room to play—I did not go in—I saw from the bar that O'Brien was pushing them about with his elbow, and annoying them—he did not say they were annoying him, and he would annoy them a great deal more—I had refused to serve him on the previous evening—I remarked the gas-pipe particularly at half-past seven o'clock—I could not help seeing it—I brought a half-pint measure out of the room—I did not go to look at it particularly.
Cross-examined by MR. PARRY. Q. Was not the gas-pipe so low in the room that a person was obliged to stoop to get under it? A. No—I never heard any one say so, and it has been fitted three years—I do not have a gas inspector every month or two—I never had the least accident
whatever with the gas—I have had little escapes, which I have sent to the gas-fitter about—I cannot exactly recollect when he saw it last-there has been nothing serious—I was never in the habit of stopping up the gas-pipe with a bit of cork—there was never any hole stopped up with a bit of cork—I went on this occasion to the bar, and took a cork out of a ginger-beer bottle, the nearest I could get—I got it to prevent the further escape—it was not a cork with which I was in the habit of stopping up the pipe—I could feel the gas pouring from the ceiling down towards my hand—the first time I ever saw Twohy was on the 17th of March, licensing day—I did not speak to him that day, but I particularly remarked him in my up-stairs room—I never had a strong regard for him, only the same as another customer—I am civil to any person that pays me—I was not in the habit of going out with him—I had not agreed to marry him—he constantly annoyed me for about six weeks, till I could not stand in my bar for him—I did not go with him to a Roman Catholic priest to get a license—he went, and I followed him, and told the clergyman what he had said, that be would murder me if I did not marry him, and he advised me to bind him to the peace, and send a policeman to see that he committed no violence—I never agreed to marry him so long ago as April—I did not go with him to the brewery where I deal, nor was he ever there with me while ordering my beer—I did not go with him to Mr. Duffy's public-house in Golden-lane—I went on my own business, and he was in the room, but I did not go with him—I went with a friend of mine named Donelly to support a charitable meeting—I have frequently called in the police to take Twohy out of my house, and have said if he annoyed me again I would give him into custody—I did not myself give him into custody on this charge—I instructed the police to take him on the Monday morning as I left the hospital on Saturday—I have heard that he is since married—I heard it the day I left the hospital, from a policeman at the Mansion-house—I have lived in my house three years—my back way leads into Alderman Johnson's yard—there was no explosion in my bouse a short time since.
PATRICK DUNNEN . I am a labourer, and live in Well-street, Wellclose-gquare. Last Whit Monday, the 12th of May, I went to the Black Horse in the afternoon with Jeremiah Dunnen and my wife—Twohy was there—he said he had been in Mrs. Reeng's house for about six weeks, and had spent a good deal of money there—Jerry said to him, more fool he was to stop there and spend his money—he told Jerry to mind his own business—he went up stairs—as he was going up he said he would clear the parlour out soon—I was sitting in front of the bar in the passage—the parlour door opens into the passage—I was not in the parlour, and do not know who was there—he returned down stairs again, and said all the injury he could do Mrs. Reeng he would, and set up a Tom and Jerry shop alongside.
Cross-examined by MR. PARRY. Q. Had you any quarrel with Twohy on Whit Monday? A. I had not—I never saw him till that day.
JEREMIAH DUNNEN . I am a labourer, and live in Chicksand-street, Whitechapel. Last Whit Monday I was in the Black Horse, between two and three o'clock—I saw Twohy there, and heard him say Mrs. Reeng had kept him from his parents six or seven weeks, and had acted so and so unkind to him, and he would blow the parlour up—this was about half-past five or six o'clock—Mrs. Reeng was not in the bar then—she was in the parlour or kitchen.
Cross-examined by MR. PARRY. Q. I think you have been paying your addresses to Mrs. Reeng, have you not? A. No, I have not been courting her—I did not hear him say he would establish a Tom and Jerry shop in opposition to Mrs. Reeng.
HENRY FERRERTT (City police-constable No. 624.) On Friday evening, the 30th of May, I saw O'Brien and Twohy in Middlesex-street, walking to and fro past the Black Horse, and standing about for a long time in deep conversation with each other—they continued there about an hour and a half—at the end of that time O'Brien went into the Black Horse and Twohy waited outside—next evening, the 31st, about eight o'clock, I saw Leonard and O'Brien go into the Black Horse with a female—I do not know how long they staid.
TIMOTHY REENG . I am the son of Mrs. Reeng. On Saturday evening, the 31st of May, Leonard and O'Brien came into the house—O'Brien asked my mother to light the gas—I saw them go into the tap-room afterwards, and after that I went to bed.
COURT. Q. The moment they went into the parlour O'Brien came out again and asked your mother to light the gas? A. Yes, but she did not—it was dark at that time.
JOHN CRAWLEY . I was at the Black Horse on the evening of the 31st of May—I saw Mrs. Reeng go into the parlour with her candle, and afterwards heard an explosion of gas—I saw the fire, and saw Mrs. Reeng come out through the window, all on fire—I went and put a coat over her and helped to put the fire out—she was taken to the hospital—I had seen Leonard and O'Brien in the tap-room about a quarter of an hour before this happened.
MARY MURPHY . I am servant to Mrs. Reeng. On Saturday evening, the 31st of May, in consequence of the escape-of gas, my mistress ordered me to open the parlour window, which I did—I afterwards gave a light to my mistress outside the parlour door—I then heard an explosion—I had seen Leonard and O'Brien in the tap-room about twenty minutes to nine o'clock—after my mistress was taken to the hospital I went into the parlour and found the gas-pipe in the fire-place.
COURT. Q. About how far is the fire-place from the gas-pipe? A. About two yards—the pipe was lying inside the fender—eight or nine squares of the window were broken by the explosion—it is not a large room—it has two windows—none of the chairs or furniture was blown about.
PATRICK ROURKE . I am a labourer, lodging at the Black Horse. On the evening of the 31st of May I remember Mrs. Reeng complaining of a smell of gas—I went towards the parlour to assist her to stop it—when I got to the parlour door it exploded, threw me down, and scorched me—I saw Mrs. Reeng standing at the table putting a cork in the broken part of the pipe—I could not see any fire—it came so suddenly—I had seen O'Brien and Leonard in the house that evening standing by the parloar ddor—I did not see them go into the parlour.
LEWIS NOTLEY (City police-constable, No. 665.) On the evening of the 31st of May, about ten minutes before ten o'clock, I saw Twohy at the corner of Petticoat-lane, sixty or seventy yards from the Black Horse—he said there was a row up at the Black Horse, but he would take care not to go himself; they should not have to say he had anything to do with it—I afterwards went to the Black Horse and found there had been
an explosion of gas—I then returned to the corner of Petticoat-lane—Twohy was still there—he left shortly after, and I saw no more of him—I had observed him standing there at nine o'clock when I went on duty.
HENRY JOWETT (City police-constable, No. 638.) I went to the Black Horse on the evening of the 31st of May, about a quarter to ten o'clock—I found Mrs. Reeng very much injured and took her to the hospital—on my return I inquired for the pipe—it was given me by Mary Murphy—I fitted it to the other part of the pipe—it screws on to the top in the centre of the room.
Cross-examined by MR. PARRY. Q. Was there a great many people about the Black Horse when you returned? A. There was.
JOHN BACK (City police-constable, No. 620.) I apprehended Leonard on the 3rd of June—I told him the charge—he said he was innocent of it, and he thought O'Brien was also—he said he did not see that any one could hurt him, for they did not see him do it—I apprehended O'Brien—he said he was innocent.
Cross-examined by MR. HORRY. Q. You were not before the Magistrate? A. I was, but was not examined—I told the City solicitor's clerk what I have stated to-day.
MR. SAMUEL ROBERT GOODMAN . I am principal clerk to the Lord Mayor. I produce the minutes of an examination which I took on the 30th of May, the result of which was that Twohy was ordered to find sureties, himself in 80l., and two sureties for 40l. each, to keep the peace for one year towards Mrs. Reeng—he did so—this is the recognizance—O'Brien was one of his sureties.
THOMAS BLIZARD CURLING . I am one of the surgeons at the London Hospital—Mrs. Reeng was brought there, but I did not see her I think till the Monday—she had a severe burn on the face, neck, arras, and hands—she remained in the hospital three weeks under our care—the first four or five days I considered her life in danger from these burns.
MARY MURPHY re-examined. The parlour window looks out into a yard leading into Aldgate—it cannot be pushed up from the yard without it is unfastened, which it was not—I found it fastened—I unfastened them both before I could open them.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
PATRICK KENNEDY . I am a shoemaker, and live in Angel-alley, Bishopsgate-street. On the Saturday night before I was before the Justice, about ten or half-past ten o'clock, the prisoners came to my door with five men and two women—Hagaman struck me on the breast, and James Howard got the injury I was to get—I did not see Howard struck.
NOT GUILTY .
NOT GUILTY .
HENRY LONG . Last Monday evening I had occasion to inquire after the prisoner, and went with her to Mr. Moseley's house, with a constable—I searched her box there, and found a pair of drawers in her box, these are them.
GEORGE MOSELEY . I live at No. 7, West-street, Soho, and am a salesman—the prisoner has been in my service six or eight weeks—these drawers are mine—I have my private mark on them—they were for sale—I had not missed them, but missed a great many more things—she was my servant, and had 6l. 10s. a year.
Prisoner. I did wrong in taking them.
GUILTY . Aged 25.— Transported for seven years.
(There was another indictment against the prisoner.)
OLD COURT.—Friday, July 11, 1845.
First Jury, before Mr. Baron Park.
NOT GUILTY .
NEW COURT.—Monday, July 7th, 1845.
First Jury, before Mr. Common Sergeant.
CAROLINE ANNA COLYER DAWKINS . I am single, and live at Richmond. These spoons and forks now produced are mine—I did not miss them, but the pawnbroker produced them—the prisoner was in ray service for two years and a half—I did not authorise him to pawn these, or to do anything with them.
WILLIAM POTTER . I am a pawnbroker, and live at Old Brentford, I produce these spoons and forks—the prisoner offered me them last Friday, about twelve o'clock—he said, "I want to raise some money on them"—I said, "Are they yours?"—he said, "No, a gentleman's named Bailey, who is staying at the Talbot Hotel, Richmond"—I asked him if he had a card or a note—he said "No"—I said he must return, and get a note or a card—he left—I told the policeman to follow him, and see if he went to the Talbot or not—the prisoner came again in the evening, and said he had not told me the truth; they were not Mr. Bailey's, but Mrs. Dawkins's, his mistress.
Prisoner. I did not mean to steal them.
MRS. DAWKINS. I could give him a character for perfect honesty—I am perfectly persuaded he did not mean to steal them.
GUILTY. Aged 26.—Recommended to mercy by the Prosecutrix and Jury.
Confined Three Months.
MR. CLARKSON conducted the Prosecution.
draper, on Lndgate-hill. On the 17th of Feb. I missed a bundle of about sixty handkerchiefs, while the shop was opening, between seven and eight o'clock in the morning—I cannot swear to the exact number—there were about three pieces, and seven handkerchiefs in a piece, and the rest were single handkerchiefs, or twos and threes—they were worth about 15l.—I had seen them safe on Saturday night, the 15th, after the shop was closed—I had tied them up in a bundle on the Saturday morning—amongst them there was one which had particularly attracted my attention, as I had spotted it with two spots of ink in writing out a bill on the counter—about five weeks ago the officer came to the shop, made some inquiries, and took me to a pawnbroker's in Princes-street, Soho—I saw twenty-two handkerchiefs there, five of which I identified—I found the handkerchief which I had spotted—I had mentioned that fact to the officer before—these are the five handkerchiefs—this is the one that is spotted.
Cross-examined by MR. BALLANTINE. Q. With reference to the others of the twenty-two, you know them not to be your property? A. I do not swear they were not our property—I swear to this one and the other of these five from the patterns being similar to this one—I do not know why the others of the twenty-two are not here—they were of different patterns—the shop was locked on that Saturday night, and I was the last person in it—I opened it on Monday morning—it was not broken, but the shutter come through the shop, and we suppose a person slipped behind the counter while the shop was opening on Monday—they were not taken on Saturday night, for I saw them after the shop was closed, and I misted them on Monday, after a few shutters had been taken down—there was no one there but me.
MR. CLARKSON. Q. Is this spotted handkerchief hemmed? A. Yes—I saw the other seventeen handkerchiefs—some of them were similar patterns to some we had lost, but I declined to swear to the identity of them—I could not say that some of them were patterns we had not lost.
CHARLES COX . I am assistant to Mr. Bartram, a pawnbroker, in Princes-street, Soho. I produced these five handkerchiefs—I have not produced-the whole twenty-two, because there was nothing said about the others-they were all pawned at our house together, on the 18th of Feb., by the prisoner, in the name of Thomas Jones, No. 10, Wardour-street, for 2l. 10s.
Cross-examined by MR. HUDDLESTON. Q. You know the prisoner? A. Yes, he has been a customer of ours—he has pawned articles frequently, and generally in the name of Jones—it is not uncommon for persons pawning to use a different name to their own—he pawned two rings for 2l. 10s. at the same time—the rings have been taken out since—I cannot say whether they have been pawned again.
MR. CLARKSON. Q. What were the things he had pawned before? A. Rings and watches—I have taken in clothes of him—I cannot recollect anything else in particular—it is common for persons to pawn in an address different to their own—if a person gives an address, the pawnbroker supposes it is their address—they do not know.
GEORGE TREW (City police-constable, No. 26.) On the 16th of May I went with Barnes to search the prisoner's house—I found seven duplicates, one of them refers to handkerchiefs—when I found the duplicates, I asked
the prisoner whose they were—he said they were his—I asked him about this one for the handkerchiefs—he said it was his; that they were his own property, and that he pawned them when he was short of money—I gave Barnes the duplicate, and told him to run and see what handkerchiefs they were.
Cross-examined by MR. BALLANTINE. Q. There were a great many other duplicates? A. There were six others—I believe all in the name of Jones—four were of things pawned at Bartrarn's, and two in Tottenham Court-road—I did not know the prisoner till I took him into custody—his bouse is No. 6, Monmouth-street, or George-street—it is a regular clothes ihop—these duplicates have different addresses—some are Compton-street, some Monmouth-street.
THOMAS BARNES (City police-constable, No. 334.) I went to make inquiries about these handkerchiefs—I found some had been lost from Mr. Flint's—I took Studd to Mr. Bart ram's—he described the handkerchief that he should know.
(Witnesses for the Defence.)
JOSEPH DAVIS . I live at No. 28, Saffron-hill, and am a dealer in clothes. In Feb. I was shopman and barker to the prisoner—on the 18th of Feb. I purchased some silk handkerchiefs of a seafaring man, in a blue jacket and trowsers—I asked him if he wanted to buy clothes—he gave no answer at first—I then said, "Have you any thing to sell or exchange?"—he came into the shop, and said, "I want a suit of clothes; will you take handkerchiefs in exchange?"—I said I would take anything in exchange that I could get anything by—he then showed me twenty-two handker-chiefs, and selected a suit of clothes, which came to 2l. 15s.—he asked 3s. 6d. a-piece for the handkerchiefs—they came to 3l. 17s., and I gave him 1l. 2s. in money, which I got from Mrs. Barnett—Mr. Barnett was not at home then—when he came home I gave him the handkerchiefs, and gave him the tickets which came off the clothes that I had sold to the sailor—I do not know whether there was a distress put into Mr. Barnett's house that day—I cannot say whether these handkerchiefs produced were amongst those I bought—there were some of this pattern, and some different patterns—I counted them—they were of this description and appearance, and some were of this pattern—I gave them to Mr. Barnett directly.
MR. CLARKSON. Q. You were a shopman and barker, but are not so now? A. No, I am a clothes-dealer—I go out with a bag to buy old clothes of servants or pawnbrokers—I buy old hats and boots and shoes—I do not buy gold watches—I might buy old watches, if they were offered me—I buy silver lace round hats—I do not buy plate; in fact, I have not money enough—I had been shopman and barker to Mr. Barnett, on and off, when he wanted me, for the last two years—last summer I was there—he went out of town two or three times—I had the care of one of his shops—he had two shops at one time—I was with him the whole month of Feb.—I believe I left him on the 2nd of March—I was with him about a month—I lived with Mr. Barnett twelve months, only on Sunday mornings—then I was only paid, by the day—at other times I was paid by the week—I am a judge of silk handkerchiefs—I consider these are of a very tidy quality, or I should not have given 3s. 6d. a piece for them—I should say they are British manufacture—I do not know whether they are made of China silk—I consider they could be retailed at 4s. a piece—some of them were better than these—I think some of them were of this pattern, but it is nearly five months ago—I would not undertake to swear that they were these handkerchiefs, or were not—the man told me
he brought them from the country with him—they wero new—I cannot tell whether some were in pieces and some single handkerchiefs—I do not know whether I bought anything else that day—I might, or I might not—to the best of my recollection it was on a Tuesday—I am not a housekeeper; I have the first and second floors of the house—it is next door but one to Peter-street—I have no shop—it is a hair-dresser's shop—it is not quite a fortnight ago since I heard that Mr. Harriett was in difficulty about this—his brother told me so at his own door—I had before heard that he was in difficulty about something else, but not about this handkerchief business—it was about eleven o'clock in the day, as near as I can say, when I bought the handkerchiefs of the man—he fixed the price of 3s. 6d. a piece for them—he gave me the price for my articles—perhaps if he had not I should not have given him his price for the handkerchiefs—he selected a suit of clothes that came to 2l. 15s., and he said, "You will have to give me 1l. 2s."—I do not know whether Mr. Barnett keeps any books—I can write but very little—I did not ask the man for a receipt—I made no bill of parcels—the clothes were a blue frock coat, blue trowsers, and a black satin waistcoat—there was no one else in the shop but Mrs. Barnett—there was John Meedy speaking to me at the door, and when the sailor came he went away.
MR. BALLANTINE. Q. Tell me how many handkerchiefs there were you bought? A. Twenty-two—there were, besides some of a pattern resembling these, some of different kinds, and I should say more valuable patterns than these—I am quite sure there were twenty-two handkerchiefs—when my master came home I delivered them to him, and the tickets which had been at the bottom of the coat and waistcoat and trowsers—it is not the custom to keep regular books at old clothes shops.
JOHN MEEDY . I am a salesman, and live in Lumber-court; the prisoner lives in Monmouth-street. Between four and five months ago I was at his door, talking to Joseph Davis, when apparently a seafaring man came along—Davis asked if he wished to buy, or sell, or exchange anything, he having a small bundle under his arm—he said, "I wish to buy a suit of clothes, if you will take some handkerchiefs in exchange"—Davis took him inside, and I walked away to my own shop.
MR. CLARKSON. Q. What are you? A. A shopman to Mrs. Barnett, the prisoner's mother, who lives at No. 10, Monmouth-street, about a dozen doors from him—I saw the sailor with a small bundle under his arm—I did not see the goods—I did not go into the house—I am not in the habit of drinking or taking my meals with Davis—we frequently spoke together as we passed.
HENRY PERRY . I am a broker, and live at No. 10, Little St. Ann-street, Martin's-lane; I know Mr. Brett; he is the prisoner's landlord. On the 18th of Feb. I was employed to put an execution for rent in the prisoner's house—I put it in between eleven and twelve o'clock—I left a man named Colfrey in possession—I saw the prisoner—he paid me 3l. on account—the distress was for 6l.—he said something to me—I wentaway, and returned about two o'clock; I then received the other 3l.
Cross-examined. Q. What you would ask for them is 3s. is it? A. Yes—I have not had a communication lately to ascertain that fact—I
was not told I was to be called up again—the handkerchiefs which I did not identify were worth about 4s.—I would not swear that there were not tome that 1 should ask 5s. 6d. for.
NOT GUILTY .
MR. BALLAKTINE conducted the Prosecution.
GEORGE JONES . I am a steel and ironmonger, and carry on business in Old Fish-street. I took the prisoner into my service in May, 1844—I was to pay him 2 1/2 per cent, on some articles which he sold, and 5 per cent, on others—he was to account to me for all money he received the next time he came, which ought to Wve been next day—he lodged close by me—as soon as goods were supplied, if he wanted money he always had it—he certainly had no right to deduct from the money he received—on the 10th of May I discharged him—he sent in an account that day—he did not account to me for 3l. 10s., or for 10s. as received from Mr. Payne, nor for 3l. 11s. 9d. as received from, Mr. Cobley—they were customers of mine—it was his duty to account to me for these sums—I cmnot say whether he had received his commission for these orders, but whenever he asked for money he had it—by the account he gave me he made himself debtor to me 2l. 19s. 7d.
Prisoner. Q. When I brought the first orders to you what commission did you say you would allow me? A. No articles were more than five percent.—I never recollect your asking me about an agreement, nor do I believe you ever did—I did not state to you that I would settle weekly.
COURT. Q. You stated he ought to have paid you the day after? A. Yes, he ought—I never gave him authority to receive any money and keep it—there was no written agreement between us—there was no reason why he should not have paid me the money he received the day after—he lived within one hundred yards of me, and was frequently at the warehouse all day.
MR. BALLANTINE. Q. Were you indebted to him? A. No—he was in the habit of accounting for sums the day after, or when he saw me, but mostly on the day—in the statement he charges some goods 5 per cent. and some 2 1/2 per cent., that was in accordance with an agreement, between us.
WILLIAM PAYNE . I am a coach-spring maker, and live in Southward. On the 14th of February, I paid the prisoner 3l. 10s. on account of his master, and on the 22nd of Feb. I paid him 10s. for him—I have the receipts.
Prisoner's Defence, I entered his service as traveller in 1844, and was to make sales at 5 per cent, commission; I required an agreement, which was refused, and he said he would pay me weekly; in March he asked me for an account of sales made by me, which he entered, and the cash received—he then made out one list at 2 1/2 per cent., another at 5 per cent., and another for which he allowed no commission; this I remonstrated against, as in many cases I made sales at high prices, where he could have afforded 7 1/2 per cent.; I was desired to make out a statement, which I did, but I can show you it is wrong-the balance there against me
is 2l. 19s. 7d., but there is an account of 2l. put down for a bad debt, which he can prove I have not received, and goods sold of at least 150l., but I have put them down at 100l., which were at 5 per cent.; the balance in my favour is 10l. 8s. 5d.; there were several sums where no commission was allowed me, nor indeed should I be satisfied unless I saw the day-book from January; I am not going to deny that I received these sums; if J have done wrong in applying them to my account it was from ignorance not with an intent of doing wrong; I mentioned that I had received some accounts; I did not say what accounts they were.
COURT. to GEORGE JONES. Q. Did he give you any account of either of these sums? A. Not at all—they have never been named—he sent me a letter or two, but he never named these.
GUILTY . Aged 36.
MR. BALLANTINE conducted the Prosecution.
JOHN RANDALL . I am a wheelwright, and live in Regent-street. On the 29th of March the prisoner called on me for 3l. 10s. 7d. for Mr. Jones to whom I owed that money—I had known the prisoner before as his servant—he said he called for Mr. Jones's account—I told him to call the next day, and I would look out the bill and pay him—he called and I paid him three sovereigns, 10s. 6d. in silver, and 1d.
GEORGE JONES . I am an ironmonger, and live at No. 27, Old Fish-street. I discharged the prisoner on the 10th of March—he certainly had no authority for receiving money on my account after that day—he nefer accounted to me for this sum of Mr. Randall's—he never named it.
Prisoner. Q. You say I was discharged on the 10th of March? A. Yes, in the presence of my son—I did not request you to call on any one after that day—I gave you strict orders not to do so—you were not to call on Piercy nor on Scott—I told you not to call on any one.
COURT. Q. Did you authorise him to go to Mr. Randall and get this sum? A. No, I did not.
Prisoner. He requested me to call on several persons after he discharged me on the 10th of March—I called on the Saturday evening and gave him the account of Mr. Durant, but I have not been able to insure his attendance—Mr. Jones requested me to call on several parties—he denies it, but he knows he is stating what is not true—I will appeal to Mr. Charles Jones, his son.
Prisoner to CHARLES JONES. Q. Do you remember my calling on the 17th of March, which was the last Monday morning I was at the ware-house, and waiting for your father? A. No—you called after you were discharged, but you did not deliver any orders after the 10th of March—you sent them by letter—I did not copy an order in the order-book after the 10th of March.
Prisoner. I had no intention of defrauding Mr. Jones; he has been industriously circulating every evil report he could against me; there seems no chance for me this day, but I trust that some day the truth will come out; I have only to throw myself on your mercy.
GUILTY . Aged 36.— Transported for Seven Years.
(There was another indictment against the prisoner.)
MARY ANN SAUNDERS . I am in the service of Mr. George John Cox, of Kensington. The prisoner was in the habit of coming there—I did not miss anything till the policeman came—I then missed these two tpoons, which are in y master's.
SAMUEL TIMBRELL . I live in Seymour-road, Chelsea. The prisoner brought me several duplicates, and asked me to purchase them—I purchased the duplicate of these spoons of her—I am quite certain of it—these are the spoons I got for the duplicate.
Prisoner. I acknowledge my guilt, but I beg you will show me as much mercy as possible, for the sake of my three fatherless children, who were wanting bread.
GUILTY . Aged 38.— Confined Four Months.
(There was another indictment against the prisoner.)
FRANCIS DRING . I am a cow-keeper, and live in Penny-fields—the prisoner was my servant. I have never received this 1s. 2d. from him—I gave him five pots of milk to go out on Tuesday, the 17th of June—he came home drunk, and did not offer to pay roe anything—I told him to go to bed—I never saw him again till the Sunday, when be passed by like a shot, and said, "I am coming to settle with you," but he did pot come, and he has never been with me since.
Prisoner. I went in on Tuesday morning, the 17th, and he said if I was not out of his place he would kick me out; I put my band into my pocket, and offered him the money, and said I would settle with him. Witness. I did not tell him I would kick him out, nor order him to leave my house—I never received a penny of the money—he never offered it me.
NOT GUILTY .
GEORGE HOOKS . I live in Chapel-row, Spa-fields. On the evening of the 23rd of June I was at the William the Fourth, in Ship-yard, Fleet-street, waiting for a friend—I had another friend with me—we waited some time, and I went to sleep on the form—I was awoke by a pricking on my thigh—I turned, and saw the prisoner leaning over me, pretending to be picking up a piece of paper—I went to sleep again, and was again awoke by a pricking on my thigh—I saw the prisoner, and he had some halfpence in his hand—my pocket was cut, and he was leaning over the table as he was before—he had an open knife in his hand, which was near my thigh pocket, in which I had six halfpence and two penny pieces—I had two shillings in my left waistcoat pocket, and seven shillings in my fob, and they were all gone—when I got up the prisoner went out, and dropped some coppers—I went after him—he went into a chandler's shop, and called for half a pint of small beer—I asked him to give me my money, and if he would not I would give him in charge—two pence fell out of my pocket, and
3d. he dropped—there was no one near me but him—there was a few halfpence found on him, a bad shilling, and a knife, which I saw open in his hand when he was at my thigh.
Cross-examined by MR. PAYNE. Q. This was between three and four o'clock in the afternoon—I laid down about that time, and I gave the prisoner in charge about half-past five—I did not put my hand into my pocket and miss 9s. while the prisoner was drinking his half-pint of table beer—I accused him of taking my money, and said if he did not give it me I must give him in charge—he replied, "Give me in charge"—he went back with me to the tap-room, where my friend was asleep—I awoke him, and he said he had lost 10s. by another person—we were then all bundled out together—I gave the prisoner in charge for stealing Is. 5d.—I had not then missed the rest of the money—I showed the policeman this right hand pocket, which was cut, and my trowsers were cut too—the fob was not cut—I was perfectly sober—the first time I awoke I just looked, and closed my eyes again—I gave the prisoner in charge at the bottom of Ship-yard—he said he had not done it, and was willing to go with the policeman.
COURT. Q. Are you sure you saw him drop the coppers? A. Yes—he dropped six halfpence—the two penny-pieces were in my pocket when I rose up, and he was close by me—when I returned to the public-house I picked up 5d. where I saw him drop the coppers—one of the halfpence I can swear to—this is it.
MR. PAYNE. Q. It has been hammered? A. Yes—there is no mark that I made on it, but I noticed it when I took it in change.
GUILTY .* Aged 35.— Confined One Year.
1495. HENRY TOWNSHEND was indicted for stealing, on the 9th of June, 5 chairs, value 10l., the goods of Edmund Terry, his master; also for feloniously breaking and entering the warehouse of Edmund Terry, his master, on the 23rd of June, and stealing 1 chair, value 2l., his property; to both which he pleaded
GUILTY . Aged 25.— Confined One Year.
GEORGE SCOTT (City police-constable, No. 560.) On the evening of the 23rd of June I was at Billingsgate market—I saw the prisoners, and watched them—they attempted to pick seven or eight persons' pockets—I then saw Harris take this handkerchief from the prosecutor's pocket, and pass it to Evans—I took them both, and the handkerchief—this is it.
HARRIS— GUILTY . Aged 15.— Confined Three Months.
EVANS*— GUILTY . Aged 16.— Confined Six Months.
lodged with me. On the morning of the 19th of June I got up to go to work—I left him at home, and my flannel frock at home—he ought to have come to where I was at work, but he did not come—my boy told me something, I went and found the prisoner with my flannel jacket.
Prisoner. My own smock was wet through, and I took this.
GUILTY . Aged 18.— Confined Two Months.
1498. WILLIAM JONES was indicted for stealing 8 shirts, value 24s.; 3 scarfs, 18s.; 5 handkerchiefs, 12s.; 1 watch-guard, 1l. 10s.; 1 ring, 10s.; 1 watch-key, 6d.; and 1 brass ring, 1d.; the goods of William Joseph Holman; and JOHANNAH WELSH for feloniously receiving part of the same goods, well knowing, &c.; and that Jones had been before convicted of felony.
JONES pleaded GUILTY . Aged 27.— Transported for Seven Years ,
ELIZABETH HAY . I am an inmate of St. George's workhouse—Welsh occupies a room in the workhouse—I light the fires there. On the 18th of June I looked up the chimney in her room, and found a bundle—I called my master, and we pulled down the bundle—it contained these four shirts and other things.
EDWIN STORES . I am master of the workhouse—Hay called me, anct t found these things—I informed the officer, and next morning Welsh's bed was opened, and the scarf was found in it—no one had access to her room or the bed, but Hay and Welsh—I had seen Jones and Welsh once together in the street, but they were tipsy.
WILLIAM BREACH (police-constable K 107.) After Welsh was committed from the Thames-police, when I passed by the cell, Jones said to her, "Why the d—I did you not make off with the things, and not keep them so long?"
WELSH— NOT GUILTY .
NEW COURT.—Tuesday, July 8, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months.
1500. WILLIAM PICKETT was indicted for stealing, on the 15th of May, 3 forks, value 1l. 5s.; and 2 spoons, 12s.; also on the 7th of June, 1 spoon, value 4s., the goods of William Carpenter Evans; and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Nine Months.
GUILTY . Aged 45.— Confined Nine Months.
1503. WILLIAM WHITE was indicted for stealing, on the 2nd of June, 1 bottle of lavender-water, value 2s. 6d.; 1 half-sovereign, 2 half-crowns, 2 shillings, and 1 sixpence, the property of George Wrangham Snowden: also, on the 13th of June, 18 shillings, the monies of John Betts: also, on the 3rd of June, 1 half-sovereign, 7 shillings, and 1 sixpence, the monies of Arthur Walker; and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 16.— Confined Two Months.
LOUISA CHRISTIAN . I am the wife of William Christian—we live at Bayswater. About a quarter before ten o'clock on the evening of the 26th of June, I had come from Gravesend by the steamer, and on coining up the steps of the wharf, I felt a tug at my gown—I did not know what it was—I thought it was one of my own children—when I got to the top of the stairs, the policeman touched me, and told me a man had picked my pocket—he took me to the station, and asked me to search my pocket—I had had a half-sovereign and some silver in my pocket, and I missed it.
Cross-examined by MR. MELLOR. Q. This was at night? A. Yes-there was a great crowd—I could not see two yards—I do not exactly recollect what I had in my pocket—I had not had many tugs in passing along from the steamer—I was not hustled by the crowd—they did not press upon me.
WILLIAM HENRY WOLLEN (City police'Constable, No. 226.) I came from Gravesend as a passenger that night—I saw the prisoner touch Mrs. Christian outside her dress—that induced me to follow him—there is a flight of steps there, and I saw him lift Mrs. Christian's dress up, and put his hand into her pocket—I then took him, and found a half-sovereign, four shillings, two sixpences, and one halfpenny in his hand.
Cross-examined. Q. It was rather a dark night? A. It was getting towards dark—there was a great crowd—there is generally a struggle who
shall get first on shore—the lady walked first, then the prisoner, and then me—we were all walking close together—not two feet apart.
GUILTY .** Aged 21.— Transported for ten years.
1506. MORRIS BARNARD was indicted for feloniously receiving, on the 2nd of June, 240 pieces of silk, value 2l. 10s.; 30 parasol-sticks, 2s.; 240 pieces of cane, 3s.; and 240 pieces of iron, value 1s. 3d.; the goods of William Evans and another.—2nd Count, stating the goods to be 30 parasol-frames, value 14s.; and 240 pieces of silk, 2l. 10 s.
MR. BODKIN conducted the Prosecution.
WILLIAM ROTHERHAM . I carry on business in Leicester-square, in partnership with Mr. Gar wood. I know the prisoner—I always understood he was a parasol maker—he has a place in, I think, Camomile-street—I have dealt with him two or three times this season, and have dealt with him before for years—I went to his house on Saturday, the 7th of June, and bargained for three dozen parasols, for which I was to pay 27s. per dozen—I brought away one dozen, and the others were to be brought to me on the following Monday—he brought them with him on Monday-*—we disagreed about them—it is usual to pay at the end of the month—I nave always done so with him—I did not pay for them—he wished to be paid directly—I paid him for the dozen I had had, and he took the other two dozen away—an officer came to my shop soon after (about five o'clock that day)—I gave him, I think, eight of the parasols I had bought of the prisoner—four were sold—I had been in the habit of buying parasols of Mr. Hargreaves, of Wood-street—I saw Mr. Hargreaves in the course of that Monday, and showed him the parasols—he made some observation about them, and kept one.
Cross-examined by MR. CLARKSON. Q. I believe the reason you did not take the other two dozen, was because the prisoner said at 27s. a dozen, he could not allow the month's credit? A. Yes, and I did not agree for the discount which I usually had, of 2 1/2 per cent., and he would not give it—I think I gave a fair price—I have known him for twenty years, and done business with him—his character has been unimpeached, as far as I know—he does not deal to the same extent as Evans and Co.—it is customary in the trade to allow a discount—by paying at the end of the month we get 2 1/2 per cent.—I should have been glad to have taken the two dozen if he had agreed to that—the one dozen remained with my stock—I put my mark on them, as I do on everything I buy—I have not bought of Evans and Co. this season—these were so distinct from my general stock, that I was able to point out those which came from the prisoner.
THOMAS GRAVES . I am in the employ of Stagg and Mantle, drapers, at the west-end of the town. On the 9th of June the prisoner brought two dozen parasols to our house—I paid 27s. a dozen for them—I handed them over to the officer the same day—I am sure they were the same—I knew the prisoner before—our people were in the habit of buying of him—I believe he lived at No. 6 or 8, Camomile-street—the officer came to our house about the parasols, I think late in the afternoon, or early in the evening, I should say between five and six o'clock—I did not see the prisoner after he brought the parasols—I heard that he called, but I did not see him.
Cross-examined. Q. How long have you dealt with him? A. From about the middle of May—I gave what I considered a fair price for the goods—we knew nothing to the contrary of his having borne the character of a respectable tradesman.
THOMAS EVANS . I am assistant to Evans and Colley, of Cripple gate-buildings, and am the brother of William Evans—he has one partner—they are parasol and umbrella-makers, and have been established about three years. On Monday, the 9th of June, I saw Mr. Hargreaves—he showed me a parasol, which I recognised as one belonging to our firm—in consequence of what he said I got a policeman, and then went to Mr. Rotherham's, some time that afternoon—Blundell and another officer were with me—I took possession of eight parasols, which were given to me, and which I recognised as belonging to Evans and Co.—these are them—(looking at them)—this is the one I received from Mr. Hargreaves, and these eight I received from Mr. Rotherhara—I afterwards went to Stagg and Mantle's, and received twenty-one parasols there, which are our make, and have our private mark on them—I can swear they have never been sold by us, because this is a class of goods that we never fit up in this sort of way—they are fitted up in a more common way than such parasols of our make are, both the tops and bottoms are—these fittings were never done in our house—that enables me to state they were never sold from our place—the whole of them are given out to women to cover, which is putting the silk on the frames—Mrs. Butler was not employed to cut them out—they were cut out, and sent in dozens for her to give them out—they are cut from large pieces of silk of 100 yards length or more, and tied up in dozens to be given out—an account is kept of them in the books.
Q. Supposing a dozen to be partly cut out, and you get to the end of one piece of silk, do you finish the dozen by beginning another piece? A. Yes—it is not at all probable that there can be more than two patterns in one dozen parasols—it is not likely—there are eight patterns in these thirty parasols—after receiving them, in consequence of what I learnt, we went into the prisoner's neighbourhood, and ascertained that he was not at home—we waited outside, but did not see him that day—we were there next morning, about eight o'clock, and about ten in the morning I stood at the corner of Camomile-street, and saw him and his son coming across Bishopsgate-street—they saw me, and came up to me—his son-in-law addressed me, and said, "Mr. Evans, I want to see you, if you will come with me to Mr. Barnard's house we will explain this matter to your satisfaction"—I went in, and the officer followed me—Mr. Barnard then entered, and explained that Palmer worked for him and for us, and that two dozen of work that she received about three weeks before from us, she had brought to him by mistake, and that the two dozen which she had received from him she had brought to us, and they had been received by us in mistake—I then asked him if she had ever made such a mistake before—he said, "Never before, never, but in this instance of the two dozen," and then, after some hesitation, he said, "She might have done so"—he said he told her of it at the time, and she said, "If this is not your work, I must have taken your work in to the other shop"—I proposed that Palmer should be sent for, and proposed to go with Milligan, the son-in-law, to her, to which he disputed, saying, "I will send for her," or "fetch her," and he left the room—I staid a few minutes, and left in about five minutes after—Milligan
had previously said, "I hope this explanation is to your satisfaction"—I said it was not to mine, and I supposed it was not to the officers'—one of them said "No, I shall take Mr. Barnard into custody"—I did not go to the station—I went in search of Palmer, but could not find her—I went to the station, and found her in custody there—she gave the same account that Barnard and Milligan had, that all she had got to say was that she had brought the wrong work in—when the work comes into our warehouse, every dozen passes through my hands after it goes from the woman who takes the work in from the other women—I never detected any other goods than our own coming into our stock, nor is it possible that a dozen of other goods could come into our stock, or I should bare been sure to have detected it—here are two qualities of goods—the average price would be about 29s. a dozen—they would cost us that to make.
Cross-examined. Q. Which is the silk you can point out which would cost 29s.? A. This one would cost about 30s., and this other about 28s.—the finishing of the parasol would cost about a halfpenny, which would be 6d. a dozen—when brought home they are only without tops and bottoms—there is no other deficiency except the little tassel, which is put in here—the tassels are about 1 1/2d. a dozen—this is a very common sort of silk, aad it is a very low price, 2s. 6d. a piece—this one is the next best—there is about 2s. a dozen difference in the value of these—these we should sell at 2s. 10d., or 34s. a dozen—we sell some parasols at 6d. a dozen—we have all prices, some at 27s., some at 25s.—we can supply any class of parasols—there are private trade marks on these—I have bought goods of the prisoner when I was a buyer in a wholesale house—I have bought umbrellas, I believe never parasols—that was from fifteen to eighteen years ago—my brother is not here—he has not been subpoenaed—he was not before the Magistrate—his partner is here—I know nothing of my own knowledge of the prisoner being the means of detecting a crime about to be committed in our house, by making a communication to my brother—our house only allows by per cent. discount for one month.
MR. CLARKSON. I shall make no objection to the identity of the goods.
Cross-examined. Q. I believe you had every facility to examine the prisoner's premises? A. Yes, his stock was small.
CHARLOTTE PALMER (a prisoner.) I went by the name of Palmer in the warehouse, but my real name is Zeal—I had a sister named Eliza, working in the same place—I was called Palmer to distinguish me in the factory—I am twenty years old—I have been employed in making up parasols for Evans and Co.—I took the work home to do it—I live with my mother at 7, South-street, Finsbury-market—I have worked for Evans and Co. between four and five years—I know the prisoner and have worked for him—it is now six weeks ago since I did any parasol making for him—I remember going to the station-house on Tuesday, the 10th of June, to give an account of some parasols—I found Barnard there—I was asked about two dozen parasols, and gave an account about them—I had seen Barnard that morning—he came to me about half-past seven o'clock—I have two rooms—he came up into one of them, and said he had been stopped with some goods, and he said would I say that I made them in a mistake, if I did it would save him—he said the goods were commons, with white tips,
three feet, and that there were two dozen—he said if I would come to him if I said I made them in a mistake, it would save him—I said I did not like to say such a thing, because I did not do such a thing, as to give the work in in a mistake—he said he would go to Mr. Evans and ask him, and make mention of my name, and ask Mr. Evans if he had not got a person of the name of Palmer working for him, and say that was how the fault was, that I had made a mistake and given him the wrong goods—he said, "Do not go out, in case you are sent for"—he asked me for my book—I gave it him, and he looked at it to see whether it was in that date that we had the work, to see whether I had got two dozen down—he said I had better take my book with me, as it was quite right—my sister came in before he went away and came back—my sister's name is Eliza—there was nobody else in the room, but Mr. Barnard's son—he was not there at first, at first it was conversation between me and him alone—my sister came in and he said it all over again to her—she was there when the book was looked at, and he looked at her book as well—after he had looked at her book he said he wished it was in her book, as she would, perhaps, speak better than me—my sister said if it had been in her book she, perhaps, would have spoken instead of me—the prisoner was there the first time nearly an hour—there was no more conversation—he then went away and called again in about half an hour, or it might be a little longer—he rang the bell—I went down to him, and Mr. Milligan, his son-in-law, was with him—he did not come in then—he told me not to go out, in case I was wanted, and he said, "Do not make a mistake about what you were asked"—I afterwards went to the warehouse, and when I came back I heard there had been two gentle-men after me—I was then going out and met a gentleman who told me he was one of Mr. Barnard's friends—in consequence of that I went to the station-house.
Q. This conversation you have told us of, related to two dozen of parasols—what had happened about two dozen parasols that you know of before that? A. The forewoman, Mrs. Butler, gave them out to me to make up for Evans and Co., and I took them to my lodging—I received one dozen of parasols from Mrs. Butler, which were not to make up—I took them to my home—I did not part with them, but my mother did—I was present the first time—that was four or five weeks before the Tuesday that Barnard came to me.
Q. Were you present when any bargain was made about buying any? A. Only the first time.
Q. Were you present any time when any parasols, or the silk and frames of parasols, were taken from your lodging by any body? A. Yes, the first time—a dozen were then taken which had come from Evans and Co.—I had received them from Mrs. Butler, not to make up, but to take them home to sell to Mr. Barnard—two days afterwards another dozen was brought to onr lodging, and after that a few odd ones—I did not at any time see two dozen taken away from our room by any body—I had seen Mr. Barnard at our lodging several times before the Tuesday morning.
Q. Did you at any time see him take away any parasols or the silk for making them? A. He used to take them away with him—I once saw him take away a dozen which had come from Evans and Co.—I had brought them, but not to make up—I never saw any money paid by the prisoner—I do not remember any particular dates—the first dozen that he took
away was on a Saturday, about three weeks before the Tuesday—I did not hear anything about the price at any time, and never saw him pay any money—he has seen my mother when he came, and bought them of her.
Cross-examined. Q. Is your mother's name Zeal? A. Yes, and my father's name was Zeal—he is dead.
Q. How long is it since your mother lived with a man of the name of Cotterell? A. Some time ago—I do not know that she lived with him.
Q. On your oath, do not you know that she and Cotterell lived together as man and wife, and you there? A. I was not there; I was living at home with my father—my mother was away—Cotterell was transported—I have been a servant—I was in a place at Birmingham a year and a half—I have not been married—I have had no children—one of my sisters has had three children—she is not married—Mrs. Butler was examined before the Magistrate—I heard Mr. Wontner state the case to the Magistrate—I have seen nobody on the subject of this prosecution since I have been in gaol—Mr. Evans came in to me just before the Sessions—he came with pen, ink, and paper—he wished me to tell the truth—the governor was there—Mr. Evans wrote down what I said—two men came with him, who worked for him—that was after I was fully committed for trial—the two men that worked for him had come in before, and they said I had better see Mr. Evans—I had not sent for the men, and was not aware of their coming—I was a prisoner committed for trial—Mr. Barnard has been often at our house—he has never been there to complain that I did not deliver the goods he had given me to make—he came to take away the work I had made—that was not because he could not get it from me—Mrs. Butler is not here—she was examined—I did not notice her writing.
MR. BODKIN. Q. You did not send for Mr. Evans? A. No—I had seen my mother—I made no communication to her, I only asked her when I was going up—what first induced me to make this statement was, the two men wished me to tell the truth, to explain how it was—I had teen my mother before that—she had not said anything to me about it.
CHARLOTTE ZEAL . I am the mother of the last witness. I know the prisoner—I saw him at my lodging, at Finsbury, where I lived when this matter happened—my daughter Charlotte lived there with me, no other daughter—I have another daughter—I remember the Tuesday my daughter was taken to the station—the prisoner had been at our lodging, I think, about a month or three weeks before that—that was the last time before the Tuesday—he did not take anything from the lodging that day; but a month previous, when he called at my Charlotte's, and said there had been an exchange of work.
Q. When did he call and say there had been an exchange of work? A. On the Monday—it was the very day she was taken to the station—he was at my house, but I was not at home—it was about half-past eight o'clock he called, but about half-past nine he came again—I saw him then—he said he wanted my Charlotte to come up, as he had been selling parasols which Mr. Evans claimed, and if my Charlotte did not stick to the story about the exchange of work, she certainly would go for fourteen years, and he for seven—it was an exchange of work he said—I had seen him at my lodging about a month previous—it was on the Saturday before Whit-Sunday—that was the last time I saw him there before the Tuesday—he took a dozen parasols from our lodgings on that occasion—they had
been brought there by my daughter Charlotte—I told him, before he took them away, that Mrs. Butler had sent a dozen of work out, and there they stood in the corner, if he thought proper to buy them—I had seen Mrs. Butler on the Friday before, and had some conversation with her about parasols—I told the prisoner what passed—I told him Mrs. Butler had sent a dozen of work, and there they were in the corner, if he liked to buy them—he pulled one out, and said, "I will give you 9s. for the dozen"—I said, "You can do as you think proper"—the money was put down on my table—I put it on the mantelpiece, and it was given to Mrs. Butler—those parasols were unmade—I had not any conversation with him before that about parasols from Evans and Co.—he has not been at my lodging more than twice since Whitsuntide, for me to see him, but he has been there several times, as I have heard—he took one dozen of parasols from my place afterwards—they had been brought by Charlotte—I told him then there was a dozen, if he liked to buy them—he gave 9s. or 10s. for them, I cannot exactly say which.
Q. Were any of those he took away at any time sent to your place tobe made up? A. Yes—two dozen, he fetched them avray one day, I cannot tell when—it was since Whitsuntide certainly—I cannot say whether they were the same kind as those now produced—they were brown silk like these, and finished in all respects, except the top and bottom knobs.
Cross-examined. Q. Are you the same lady that lived with Cotterell the transport? A. I did not live with him at all—I never slept out of my own bed—I did not leave my husband—I lived in the same house with him, and went home to sleep every night—there is no truth in the story that I cohabited with Cotterell.
Q. Will you swear you never had connexion with him? A. I do not know, Sir, my husband is dead—I had not before my husband died—I was there working—I could swear I was not connected with Cotterell in my husband's lifetime—my husband died in the workhouse—I was living at home in Daggett's-court—he had been in the workhouse for about twelve months, when he died—I was living in Daggett's-court all that time—I saw my husband on the Wednesday before he died—I do not know where Cotterell lived—he was not at home—when I worked for him he lived in Cross-keys-court—I went there every afternoon with my own child, James—Cotterell lived in Cross-keys-court before he was transported—I was outside the Court at the time of his trial—I did not come in—I believe he was tried here—I do not know whether I was here every day—I dare say I was—I saw him in Newgate—I cannot tell how often—I took his clean linen in by his mother's orders, and his food—I did not go in every day—I cannot tell how long he was confined—I did not go in twenty times—I went two or three times, when he wanted clean linen or any thing—my daughter Eliza gets her living by needlework—that is as true as that I have not lived with Cotterell—I do not know that she has been a prostitute in the streets—Mr. Evans did not come to tell me to speak the truth—I never saw him at my house to speak to him—I could swear it—he never came near me, and I never saw him at my house—they said he had been there—my daughter Charlotte lived at Birmingham—she never stole parasols—she brought them out by the forewoman's orders—I went to the Mansion-house when my daughter was in charge—I heard Mrs. Butler examined.
Q. Did you say one word about Mrs. Butler giving your daughter the
parasols? A. I was not in the Court till the bail came—the reason my daughter changed her name was that Mrs. Butler wished it.
Q. Was Zeal too well known among the officers? A. No—because Mr. Cotterell was transported in regard of Mr. Evans's warehouse—I suppose Mr. Evans knew he was transported—I never heard that the prisoner had given the information which got Cotterell transported—my daughter Eliza gets her living by her needle and thread.
Q. I asked you whether to your knowledge, and sleeping in your house, she was not walking the streets, and had three b----d children? A. I did not watch after her to see that.
ELIZA ZEAL . I am the daughter of the last witness, and am between twenty-four and twenty-five years old. I live at home with my mother—I remember the Tuesday morning that my sister went to the station—I saw the prisoner that morning at my mother's—I had occasion to go out before breakfast, and when I returned he was sitting on a chair between the two windows—I and my sister were in the room—he had my book and my sister's in his hand—he said to me, "I see you have pot got two dozen of work in your book as your sister has, therefore your sitser must say the work is an exchange, for I am in a great deal of trouble—Mr. Evans came yesterday morning and took the work off the premises which I sold belonging to him, and cleared off the premises, along with the policeman"—he said, "Now Charlotte, you must stick to what I am going to tell you; you must say the work was in exchange; that you had two dozen from me, and two dozen from Mr. Evans, and yoa have "dislocated" the work and given the wrong to each party, and I only wish it was you had got to speak instead of your sister, as she is a very bad one to speak"—he said that to me—I said I would have nothing at all to do with it, and I would know nothing about it—that was all that took place—he said to my sister, "Stick to what I hare told you"—he then went away, leaving me and my sister there—she fell a crying against the fire-place, and said she did not like to do it at all—and he said, "Either you or your sister must, as I am in a very great deal of trouble"—she said nothing to that—he told her to stop at home till he had been to Mr. Evans, but she did not—she went to shop about twenty minutes after he went—I saw Mr. Zacks at the corner of South-street, about half-past ten o'clock the same morning—I went out, and as I returned I found my sister coming out at the door, and Mr. Zacks beckoned her—he is the prisoner's son-in-law—she went to him, and I went with her—I did not see the prisoner after that—I went from Crown-street into Bishopsgate with them, and he put up his hand and said, "Stick to the text that my father said this morning"—we went to Bishopsgate-street, and I then parted with them.
Cross-examined. Q. Did you know Cotterell? A. Yes, by sight, ever since I was quite a child—there was not the least familiarity between us, nor any of my family, that I know of—I had nothing to do with him—my mother ceased to live with my father about two years before he died—she kept him seven years before he died—he died, having been in the workhouse a year—he lived in Sun-square the last part of his life, before he went to the workhouse—my mother was living in the same place—Cotterell was abroad then—my mother and him never lived together as man and wife, that I know of.
Q. Did he keep her? A. He was in the habit of coming backward and forward—I know nothing further—my mother was not in the habit of taking him his meals to Newgate, that I know of—I did not go—I was not at home at the time—no gentleman has been to my house to examine me since my sister has been committed for trial—I have been asked what I had to say—I went to Mr. Wontner's—Mr. Hutchins, one of Mr. Evans's workmen, sent the news that I was to go—he came to me on Monday three weeks—I was outside the Mansion-house, and came inside—I saw Mrs. Butler examined by Mr. Wontner.
MR. BODKIN. Q. When Hutchins came what did he say? A. He said he thought my sister was being brought into trouble where she had no business—in consequence of that I went to the solicitor's office with him.
JURY. Q. Had your sister and mother been in the habit of working for Barnard at the time your sister made parasols for Mr. Evans? A. She made those that were stolen—we had no work of the prisoner's lately—it is a long time since we had any of his work.
JURY to CHARLOTTE PALMER. Q. Did you ever do any work for the prisoner? A. Yes, it is now about five weeks since I last had parasols from him to make—I have been in prison four weeks, and it is about three weeks before that time—I made two or three separate dozens for him—my mother did a little—my sister was not at home.
MR. BODKIN. Q. Did you ever make any parasols for him within the last four or five months, except those you had from Mr. Evans? A. No, I received them from the prisoner—he brought them to me to make.
COURT. Q. Which were the parasols you had to make for Barnard? A. The parasols he bought from Evans—it is about three months or more before this that I had any work for Barnard, when he lived in Bishopsgate-street—I was then in the habit of working for him.
(Jonas Levy, a merchant, in Great Prescot-street, who had known the prisoner from a boy; Ralph Harris, a merchant, who had known him forty years; Charles Williams, a warehouseman, who had known him eighteen or twenty years; and Lewis Isaacs, of Houndsditch, who had known him sixty years, gave him a good character.)
GUILTY . Aged 66.—Recommended to mercy by the Jury on account of his years and his good character.— Confined One Year.
JOHN OWEN . I am a chair-maker, and live in Old-street-road—the prisoner was in my service, and he was at my housa on the 26th of June—when he was going away I saw his pockets were bulky, and sent for an officer—this horse-hair and seating was found in his pockets and his hat—he had no right to it.
Prisoner. There are perquisites in our business. Witness. This is not a perquisite—he had no right to it whatever—it is worth 1s. 3d.
GUILTY . Aged 40.—Recommended to mercy by the Jury and Prosecutor— Confined One Month.
JOHN SMITH . I live at the Grove-house, Kentish-town. On the 27th of June, about ten minutes past four o'clock, I was in Long-lane—I felt a pull—I turned and saw the prisoner with his left hand behind him—I turned him round, and found my pocket-handkerchief at his feet—there was no one within five or six yards of him—I am sure it came from him, and it is mine—he said, "Not me, not me."
Prisoner. Two boys took and threw it down; they ran up an alley; I picked it up and was going to give it to the gentleman.
GUILTY . Aged 16.— Confined Three Months.
MARY WRIGHT . I am the wife of James Wright; we live in Petersburg-place, Bayswater; the prisoner was in our employ. I had some plate in my care belonging to a lady—I missed two desert-spoons from it—I saw them safe on the Tuesday week previous to the prisoner being taken—these are the spoons.
WILLIAM GEORGE STEWART . I am a pawnbroker. One of these spoons was purchased by a person who was ia my employ, but has since left—I know by the name and address that it was bought of the prisoner, but I was not there.
Prisoner. They were parted with by me in my own name, which I should not have done had I not intended to redeem it—the spoon that is bent was not numbered in the inventory, so that any one who came in at the front door might have picked it up.
GUILTY . Aged 40.—Recommended to mercy by the Jury.— Three Months.
MARY ANN MUNDY . I am the wife of John Henry Mundy; we live in Lower Chapman-street, St. George in the East. I hired the prisoner, on the 21st of June, as a char-woman—I missed six napkins and a flannel petticoat of my child's on Wednesday, the 24th of June—these are them—she took the petticoat out of some things she was going to wash.
JAMES ESCHMANN . I am in the service of Mr. Byas, a pawnbroker. I produce these articles, which were pawned, I believe, by the prisoner—I do not speak positively to her, but I know she comes to the shop.
M. A. MUNDY re-examined. I picked up the prisoner's pocket on my kitchen floor, and this duplicate fell on to fit.
GUILTY . Aged 55.— Confined Three Months.
1511. FREDERICK JOHNSON was indicted for stealing 1 flannel shirt, value 1s.; and 1 pair of drawers, 1s.; the goods of John Weatherley: 1 jacket, value 1s.; and 1 pair of trowsers, 1s.; the goods of Frank Knight: and 1 comforter, value 3d., the goods of Thomas Steven-son✗in a certain port of entry and discharge.
JAMES SWINGLAND . I am gate-keeper at the London Docks. At eight o'clock, on the 2nd of July, I stopped the prisoner, who was going out at the Wapping entrance—I searched him—he had this shirt on—this jacket and handkerchief and comforter were in his hat, and this pair of trowsers and drawers round him—he said he was a boy on board a foreign vessel, that the captain illused him, and he was induced to put the clothes round him because he could not get a pass—I found he had not been at the foreign vessel, but was at work on board the Cadriana.
JOHN WEATHERLEY . I am an apprentice on hoard the Cadriana—she was in the jetty, in the London Docks—the prisoner was employed there one day—I have examined these things—this shirt and the drawers belong to me, this comforter to Thomas Stevenson, and this jacket and trowsen to Frank Knight—the prisoner had no authority to take any of them.
GUILTY . Aged 18.— Confined Three Months.
1512. FREDERICK JOHN HOLLANDS was indicted for stealing, 1 toasting-fork, value 3s.; 2 mustard-pots, 3s.; 1 cork-screw, 3s.; 2 spoons, 1s. 6d.; 1 file, 1s.; 1 screw-driver, 1s.; 1 pair of compasses, 1s.; 1 penknife, 1s.; 1 extinguisher, 6d.; 2 gimlets, 3d.; and 1 glass plate, 3s.; the goods of James Ayling, his master.
JAMES AYLING, JUN . I work with my father, who lives in Barnard-street, Westminster; the prisoner was in my father's service for ten months. I missed these articles, and taxed him with it—he admitted taking the penknife and the toasting-fork, and asked for mercy—the other things were found by the person in the lower part of the house where he was lodging—I had seen them safe some weeks before—here are some files and other things, all my father's—we have lost 30l. or 40l. worth of property, but we cannot say who is the person.
Cross-examined by MR. BALDWIN. Q. What words did he use? A. He at first denied it, but I said they were stolen from us, I could swear to them—he said he had stolen them, and asked forgiveness—no words passed between my saying I could swear to them, and his admitting it.
CATHERINE MERRITT . The prisoner lodged in my house, and was apprehended on the 13th of June—I found two mustard-pots, a corkscrew, and other things, in the front kitchen adjoining my place, where the prisoner used to go—the prosecutor has identified these things.
JOHN BECKERSON (police-constable A 22.) I was with the prosecutor when he charged the prisoner about these things—he stoutly denied that he had taken them—Mr. Ayling said he had found them, and could swear to them—the prisoner then said he had taken them, and begged forgiveness.
GUILTY.* Aged 19.— Confined Six Months.
GUILTY .—Recommended to mercy.— Confined Two Months.
NEW COURT.—Wednesday, July 9th, 1845.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 36.— Confined Four Months.
GUILTY . Aged 42.— Confined Six Months.
GUILTY . Aged 14.— Confined Six Months.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
CLARA WALTERS . I live in Stanfield-street, Stepney. On the 23rd of June I was at Mr. Fisher's shop—he is a tobacconist—the prisoner came there, between eleven and twelve o'clock at night, for 6d. worth of cigars—he tendered me a half-crown in payment—I took it, and gave him 2s. change—I handed the half-crown to Mr. Fisher immediately—I am sure I did not mix it with othe money—I did not let it go out of my hand—on the following Monday I saw the pisoner at the Police-court, and remembered him at once.
Prisoner. Q. Did you take a half-crown before that night? A. Yes, one, and it was bad.
MR. BODKIN. Q. How long was that before you took the one from the prisoner? A. Full and hour—I believe that fact was mentioned at the Police-court by Mr. Fisher.
BENJAMIN FISHER . I keep a tobacconist's shop, in Highbury-gove. On the 23rd of June Miss Walters showed me a half-cown, which she took in my shop—I told her it was bad immediately, and marked it, and put it into a vase on the mantel piece in the bar—I put on by coat, and went after the prisoner, but did not find him—there had been a bad half-crown taken that night, and it was put amongst the silver—I did not find it till I counted the silver the next morning, but this one I am sure was marked by myself, and kept apart from other money—I gave it afterwardsto the officer—on the 30th of June the prisoner came to my shop for 6d. worth of cigars—I served him—he proposed to pay with a crown-piece—I looked at it, and saw it was bad—I told him I should keep it—he wanted me to give it him back—I told him I would not—he then asked me go with him, to his master, at Highbury Barn tavern—I walked with him, and met a constable, and gave him into custody.
Prisoner. You said in going to the station that you took two bad half-crowns, and destroyed them. Witness. I said I did not destroy yours.
prisoner was given to me by Mr. Fisher, and this bad crown-piece—I also received this half-crown from him—I found nothing on the prisoner.
Prisoner. What made you say, "They can't do anything with you for one piece?" Witness. No—I asked Mr. Fisher what he had done with the half-crown—I said, "One piece won't do"—I had not got the half-crown then.
Prisoner's Defence. I am a plumber, and worked for Mr. Brown, at Stanmore; I went to Highbury Barn; I left about nine o'clock, and returned about eleven; I asked my master to lend me 5s.; he gave me a 5s. piece; I went to the shop, and the witness said it was bad.
JURY to JOSEPH SEAMAN. Q. Did you go to Highbury Barn? A. No, there was a large meeting of six or seven hundred persons there.
GUILTY . Aged 23.— Confined Twelve Months.
The prosecutor did not appear.
NOT GUILTY .
BASIL WARRE WIGAN . I live in Margaret-street, Cavendish-square. On the afternoon of the 15th of June I left an omnibus at Westminster-bridge—I took out my purse, paid my fare, and then put my purse into my outside coat pocket—I then went to the pier on the Westminster side, where there were a great many people waiting for the steam-boat—when the steam-boat came I went on board—there was great pushing and crowding both on the steam-boat and on the pier—I observed the prisoner standing close by my right side—he was pushing very violently—I turned to expostulate witri him, and saw my purse in his hand—I accused him of having taken it—he replied he had not done so, and if he had it must be on his person—I watched him—we went as far as Chelsea, and there I gave him into custody—I know it was my purse I saw in his hand, because it was covered with steel beads, and it glistened in the sun—it was made of brown silk—there were four sovereigns in it, one half sovereign, and five or six shillings in silver.
Cross-examined by MR. CLARKSON. Q. Did this man come into the steam-boat at Westminster-pier when you did? A. Yes, at the same time—I saw my purse in his hand on the deck of the steam-boat—the boat was very crowded indeed—he and I were quite close together—from that time I kept my eye on him, and kept close to him, though we could not put back—we stopped between Westminster-bridge and Chelsea, but I did not take him on shore, as I thought Chelsea was the most likely place to find a policeman—he was searched at the station—some money was found on him, but not that I could venture to say was mine.
COURT. Q. After you saw your purse in his hand did you put your hand in your pocket? A. I was certain it was mine, but I felt afterwards, and my purse was gone.
FRANCIS PIERT . I am a merchant, and live in Austin Friars—I accompanied Mr. Wigan in the omnibus, and when we got on the steam-boat he spoke to the prisoner, who was standing immediately next to him—he accused him of having taken his purse—the prisoner said, "No, I have not, if I have I must have it on my person now"—I said, "That does not follow, for some person has just left you and gone on the lighter alongside of the pier"—the prisoner remained on board the steamer—he did not attempt to go away—we were going on, otherwise I should have stepped on shore and detained the other man—I spoke about it, and called to the people to detain him, but they did not understand me—we landed at Chelsea, and the prisoner was given into custody.
Witness for Defence.
THOMAS WASMAN . I keep the Waterman's Arms, High-street, Wapping. On Sunday, the 15th of June, I went on board one of the Chelsea steamers at London-bridge—I had been in company with the prisoner before I got on board the steamer—he and I got on board together at London-bridge.
COURT. Q. Where had you been in company with him? A. He came to my house that Sunday—he has been in the habit of using my premises at different times, for about twelve months, sometimes once or twice a week—I believe him to be a shoemaker.
NOT GUILTY .
GUILTY . Aged 18.— Confined Six Months.
1521. JOHN CLARK was indicted for breaking and entering a certain building within the curtilage of the dwelling-house of James Charles Hyron, and stealing 1 wooden tray, value 2s. 6d.; and 1 apron, 6d., his property.
WILLIAM GLOVER (police-constable K 354.) About one o'clock in the morning, on the 19th of June, I was near the slaughter-house of Mr. Hyron—I had placed some pieces of paper on the wall, and observed they had been moved within the last twenty minutes—I heard a noise within Mr. Hyron stable—I waited till Graves came up, and mentioned it to; him—Mr. Hyron came and let us in—I found the prisoner there—I asked Mr. Hyron, in his presence, if men were allowed to sleep there—he said no—Graves took him into custody—there was found on him an apron and two duplicates, one of which directed me to Cordwell's, and one to Hawes'—I received another duplicate from Freeman—I found on the prisoner a tin tobacco-box, with the name of John Douglas marked on the outside, and a little tobacco inside.
JAMES CHARLES HYRON . I live with my father, James Charles Hyron, who keeps a butcher's shop in Mile End-road. In the back kitchen was an apron belonging to me, and in the slaughter-house a tray of my fathers—they were both safe the last thing on Friday night, the 13th of June, and were missed early on Saturday morning—I have seen the apron since, in the pawnbroker's hands—this is it—the tray is not here—the prisoner was in my father's service by the name of John Douglas.
WILLIAM FREEMAN . I know this slaughter-house—you must go into the open air to get to it from the house—I know it was fastened up at ten o'clock on the night before these things were lost—the stable and the slaughter-house are adjoining.
NOT GUILTY .
1522. JOHN CLARK was again indicted for breaking and entering a building within the curtilage of the dwelling-house of John Hunwick, and stealing 1 apron, value 6d. the goods of William Huckle; and 6 pain of boots, 18s.; and 2 pairs of shoes, 12s.; the goods of John Hunwick, and that he had been before convicted of felony.
JOHN HUNWICK . I live with my father, John Hunwick, a shoemaker, in Mile End-road. On Tuesday morning, the 17th of June, I went into the shop and miesed six pairs of boots, two pairs of shoes, a piece of leather, and a leather apron—they were safe the evening before—this ii one of the pairs of shoes—I know them to be my father's—any one can get from Mr. Hyron's yard to my father's by getting over the fence—it is not very easy, but it can be done—this apron belongs to Huckle, the apprentice.
WILLIAM HUCKLE . I am apprentice to Mr. Hunwick. This apron is mini—I missed it from the workshop on Tuesday, the 17th of June—it had been on the seat in the workshop on Monday evening at a quarter to seven o'clock—I believe the workshop was shut that night, and I found it open the following morning, at a quarter before seven o'clock—I was the first person who went into the shop—I missed the boots, and shoes, and leather.
GEORGE SECKER . I am a pawnbroker, and live in John's-row. This pair of shoes were pawned on the 17th of June, in the name of John Douglas—this is the duplicate I gave of them—I am not positive who pawned them, but I think I have seen the prisoner.
Prisoner. It was given to me by a person down Mile End road; he said, "Here is a duplicate of an apron and a pair of shoes; I think they will fit you; his name is John Williams."
JAMES WRIGHT (police-constable N 170.) I produce a certificate of the prisoner's conviction, which I got at Mr. Clark's office—(read—Convicted 8th of April, 1844, and confined six months)—the prisoner is the person.
GUILTY of stealing only. Aged 20.— Transported for Seven Years.
(There was another indictment against the prisoner.)
RICHARD WILLETTS . I live in Old-street-road, and am a pastry-cook and biscuit bakur—the prisoner was my porter—it was his duty to receive money for me when he took out goods, which he was to bring home to me the same day—he kept no account—I kept a book—I have not received from the prisoner 5s. 6d. us received from M'Carthy—I have had no
account from him about it—I have not received 1l. 7s. as paid by Ratcliff, nor any account of it—I never saw the prisoner after Wednesday the 18th of June, till the Saturday following, when his mother brought him—he had boarded in my house, but did not sleep there—he said he was very sorry for what he had done, that he had spent the money, and he should not have done it but for another lad.
Cross-examined by MR. HORRY. Q. You had had a very bad boy, and had discharged him? A. Yes—the prisoner has behaved very well till this time.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Jury,— Confined
1524. MARY DOOLIN was indicted for stealing 4 bottles, value 10d.; 1 quart and 1/2 a pint of rum, 5s.; 1 pint of brandy, 4s.; 1/4 of a pound of tobacco, 1s.; 36 cheroots, 4s.; 1 handkerchief, 2s.; and 1 knife, 6d.; the goods of William James Smellie, her master.
WILLIAM JAMES SMELLIE . I keep the Black Dog in Crown-street, Finsbury. The prisoner had been in my service about three months, and lived in my house—on Saturday night, the 5th of July, I gauged my spirit casks, and took notice of my cheroots in the bar—on Sunday afternoon, the 6th, I missed a quantity of the cheroots, in consequence of which I gauged my spirit casks, and observed the decrease of the spirit! wai greater than the money I had taken would allow for—I observed that more particularly in the rum, but there was a decrease in brandy as well—we had been drawing from each—on the Monday morning, the 7th, I spoke to the police—the prisoner had permission to go out for a holiday, and she left my house about half-past nine o'clock, but a short time before she left she brought a box into the parlour, gave it into my hands, and asked me if I had a key that would fit it—she stated that her mistress gave it her, she had had it papered, and the man had sent back a rusty key—she had not been able to turn the lock, and wished to take a few things away with her, as she was going out—I told her I had not a key, and she had better leave it till she came home in the evening, and then take it to the man—she said she would take it with her, as one going out would do—I followed her out—the officer took her, and brought her back with the box—she was searched in my presence—I saw her shuffling about, and something fell from her, which proved to be cigars and tobacco—a bottle of brandy was found in her pocket—the box was opened, and in it was a quart bottle of rum, a bottle of ginger beer, a silk handkerchief, and a penknife belonging to myself—this is the handkerchief and knife—she said I had got all my property back—she begged for mercy, and said she had not taken any money from me.
JAMES BRANNAN (police-sergeant G 20.) At half-past nine o'clock in the morning of the 7th of July I saw the prisoner come out from her master's—he called to me—I followed her, and asked what she had got—she said her things in the box—I took her back, and asked her to torn tar pocket inside out—she kept shuffling, and I saw a stocking drop from
her, which contained cigars and tobacco—she threw herself on her knees begged for mercy, that her master would not take her to the office, and that his property was all there—I sent her with another officer to the back kitchen, and he found a bottle of rum.
Prisoner. I beg for mercy; my master had a good character with me.
GUILTY . Aged 28.— Confined Six Months.
NOT GUILTY .
GUILTY. Aged 26.— Judgment Respited.
1527. ELIZABETH GOODWIN was indicted for stealing, at St. Mary Islington, 1 shawl, value 1s.; 1 pair of trowsers, 5s.; 1 brooch, 4s.; 1 purse, 1s.; 5 sovereigns, 30 half-crowns, and 1 shilling; the property of Joseph Uppingdale, in his dwelling-house.
CECILIA UPPINGDALE . I am the wife of Joseph Uppingdale; we live at No. 16, South-place, Lower-road—it is our dwelling-house, and is in the parish of St. Mary, Islington. On the 28th of March I sent for the prisoner, whom I did not know before, but she was recommended to me, as I was without a servant—she was to stop with me two or three weeki, till I was suited, or she was called away—she came about eleven o'clock—she complained of the toothache in the course of the day, and at a quarter before seven she said she would go and have her tooth drawn—she left, and as she was going out at the door she said she would not be any longer than she could help—she did not return, and about twelve o'clock that night I observed my keys lying on the drawers in my bed-room—I usually kept them in my pocket, but I had not put on the same dress that morning which I had worn the day before—I had left them by mistake in the pocket of that dress upstairs—I had thought of them in the morning, and had sent my little girl up stairs for them whilst the prisoner was there, but she could not find them—I kept my drawers locked, and there was 8l. 16s. in a purse in the drawer—I had seen it safe a few hours before—I unlocked the drawer where the money had been—I found it locked as I had left it, but the purse and money were gone—to the best of my knowledge there had been five sovereigns, thirty half-crowns, and one or two shillings in it—I misled it directly I opened the drawer—next morning I missed a shawl, a small pair of trowsers, and a brooch—I think the trowers had been in the bed-room—the brooch was in a looking-glass drawer in the same room where the drawers were, and the shawl in a large chest in the same room—they were all my husband's—the shawl was worth about 1l., and the brooch 3s. or 4s.—the money was in a steel purse lined with blue silk—the prisoner had asked me what she should do, and I said, "You had better go up stairs and clean the bed-room," and I saw her there.
Cross-examined by MR. PRENDERGAST. Q. Have you seen any of your money or your things since? A. No—the policeman endeavoured to trace them, but he has not been able—I have five children—I have a
daughter about fourteen, a boy ten years old, and another eight—I had no person in the house beside my own family and the prisoner—no one but the prisoner had been in the bed-room—my mother might have been there—I think she was in the parlour, but not in the bed-room—my father-in-law might have been in the shop, but not up stairs—my husband had been home to tea—he and my little girl went after tea to the theatre—I had gone up into the bed-room whilst the prisoner was cleaning it, I suppose about an hour after she came—she was at work—I did not then look to see whether the money was safe—I did not observe anything suspicious—I thought she might have done more in the time—the room seemed to have been dusted, and she was just about wetting it—this robbery was on the 28th of March, and I did not see the prisoner again till she was in custody—the journeyman baker had recommended her as a hard-working person, and she had been nursing his wife—I made no further inquiries.
THOMAS WITHERS (police-constable N 211.) I saw the prisoner in custody at the station, on Monday, the 23rd of, June—I heard the inspector read over the charge—he said to her, "You have no occasion to say anything without you like, you are charged with stealing"—there was a baker there who said that was the person that he had recommended, and who stole the sovereigns—I brought the prisoner to the police court, and as she was going she said a great many lies had been told about her, that there was nothing near so much money as 8l. 16s., and as to the brooch she knew nothing about it—at the police court she said she must have been out of her mind when she did it—and at the court, and before she went to the court, she said that the pair of trowsers that there was so much fuss made about, were a boy's pair of trowsers—I said I thought they were men's trowsers—the boy was in the court.
Cross-examined. Q. What was said about the trowsers? A. She said "That is the little boy whose trowsers they made so much fuss about"—she was searched by a female—a bit of soap, 1 1/2d., and a comb were found on her.
(The prisoner received a good character.)
GUILTY . Aged 52.—Recommended to mercy by the Jury.— Confined
WILLIAM RUSSELL . I am a pensioner of Chelsea College. About twelve o'clock at night, on the 2nd of July, I was going home to the college—I got to Hospital-row—I did not see the prisoner, but he jumped upon my back, and took me by the throat, and put his hand into my right pocket—I seized him by the left arm, we struggled, and fell down together—the policeman was coming up, and the prisoner made his escape up a court—I had nothing in the pocket that he put his hand into but two keys.
Cross-examined by MR. BALLANTINE. Q. In what state were you? A. I had had a little, but was very capable of taking care of myself—this occurred within a few yards of the hospital gate—I had been to a public-house—I do not know whether the prisoner had been there—there was no quarrelling while I was there—I am quite sure I had not seen him there—I do not think he was drunk—I was thrown down, and another man picked me up.
WILLIAM MARSH . I live in Franklin-row, Chelsea. I was passing Hospital-row at ten minutes past twelve o'clock that night—I saw the prisoner put his arm round the prosecutor's neck, and put his right hand into his pocket—he caught hold of his arm, and threw the prosecutor down—they both fell, and soon after the prisoner ran up the court.
Cross-examined. Q. You did not do anything to assist the prosecutor? A. Yes—I picked him up—I was about half a dozen yards off while they were struggling—I stood and looked—I did not go to him—I lived at a public house last—I was paid while I was there—that was at the Barley Mow, at Islington—I left as my master and I had a few words—I did not rob him, and he did not say I did—I had rather not mention what it was—since then I have been working a little at one place and a little at another—I have worked for a plumber lately—I had been over to Islington that night, and parted with a few friends, that made me out so late—I knew the policeman who came up, for three years—I was rather surprised to find him just on the spot at that moment—I had made no appointment to meet him—I had met him several times before—I believe I had seen him the day before.
JAMES BRADLEY (police-constable B 134.) I saw the prisoner and the prosecutor on the ground—I went up and the prisoner ran up Jubilee-court,—I knew him well, and I apprehended him about an hour and a half afterwards—I spoke to him about it, and he said he did not take anything—he had had a glass, but he could run as well as I could, and he was sober—the prosecutor had had a glass or two, but he was quite comfortable.
Cross-examined. Q. Who picked the prosecutor up? A. Marsh—I am not acquainted with him—I do not know his name—I have seen him for years—he has been a waiter at a public-house, and since that a labourer at a plumber's—I had not seen him the day before to my knowledge—this case was heard at Westminster—there was a person there who wanted a duplicate of a watch which I took from the prisoner.
NOT GUILTY .
NEW COURT.—Thursday, July 10th, 1845.
Sixth Jury, before Mr. Recorder.
1529. MICHAEL CONNELL was indicted for stealing, on the 17th of June, 1 ring, value 2s. 6d.;—also, on the 18th of June, 1 ring, 3s. 6d.; the goods of Joseph Humphreys, his master; to both of which he pleaded
GUILTY. Aged 15.— Judgment Respited.
GUILTY . Aged 16.— Confined Six Months.
1531. WILLIAM DARTON was indicted for stealing 1 coat, value 9s.; 2 horse-collars, 5s. 6d.; 2 hand-stalls, 4s.; 1 roller, 1s.; 1 bridle, 2s.; 2 bits, 1s.; and 1 pair of rings, 1s.; the goods of George Colling, his master; to which he pleaded
GUILTY . Aged 47.— Confined Six Months.
GUILTY . Aged 22.— Confined One Year.
DAVID CATLING . I live at No. 46, Downham-row, Islington. I have a house which is unoccupied, at No. 28, in that row—I heard a noise in it between twelve and one o'clock on the 16th of June—I went in—the prisoner came down stairs into the passage, and asked me the rent of the house—I told him it was more than he could pay, and that he had been taking the locks off the doors—he said I had better go up stairs and see—he wanted to go away, but I made him go up stairs with me, and saw that two locks had been taken off two of the doors on the first floor—he instantly ran up into the attic, and when he got there I heard a noise as if he was throwing things down as quick as he cauld—I ran down and got a person to assist me—when we went up the prisoner came down to the bed-room floor—his pockets were hanging out, and he said, "I have got nothing about me"—I said we would see—I pushed him into the bed-room, and was about to leave him there, when he jumped out of the window, a height of about twenty feet—I found these locks, which belonged to the bed-room floor, in the attic from whence the prisoner came.
JOHN PAEROCK . I live in Crescent-street, Euston-square. I was formerly a constable of Islington—to the best of my knowledge I know the prisoner by the name of James Wilson—I was in the Old Court in April, 1837, and to the best of my knowledge and belief he is the man I uw tried there—I have no doubt of it—I produce the certificate of his conviction—read—(Convicted the 3rd of April, 1837, and transported for seven years)—I heard he was transported, and had a free pardon in 1841.
JURY. Q. Were you present in Court at the time the man was convicted? A. I was—I have not the least doubt he is the same man—I can positively swear he is the same man, to the best of my knowledge.
Prisoner. It is eight years ago since I was convicted; I left then three children; I am not a consummate rogue; I would be thankful for employ; when I came home I had been roughly treated; I have been to the docks day after day, but younger men are preferred; I have four children now; if you can extend mercy to me you shall never see me again.
GUILTY . Aged 48.—Recommended to mercy by the Prosecutor.— Confined
1534. JOHN KEYS was indicted for stealing, on the 14th of June, 1 box, value 17s.; 3 shirts, 15s.; 6 handkerchiefs, 6s.; 8 table-cloths, 10s.; 6 night-gowns, 14s.; 5 caps, 3s.; 5 petticoats, 7s.; 2 pairs of drawers, 3s.; 5 collars, 4s.; 2 habit-shirts, 4s.; 1 pair of stockings, 1s.; 11 pinafores, 11s.; 2 frocks, 6s.; 1 night-flannel, 1s.; 3 sheets, 1s.; 1 pillow-case, 6d.; 3 cravats 1s.; 6 towels, 4s.; 1 table-napkin, 1s.; 15 pieces of bed furniture, 1s. 6d.; 1 shift, 3s.; and 6 aprons, 1s. 6d.; the goods of John Willis:—also, on the 18th of June, 1 box, 12s.; 10 shirts, 6l.; 3 sheets, 1l. 4s.; 3 night-gowns, 18s.; 6 pairs of drawers, 18s.; 4 table-cloths, 2l.; 6 table-napkins, 12s.; 7 sheets, 3l. 10s.; 5 pillow-cases, 10s.; 12 towels,1l.; 5 handkerchiefs, 1l. 5s.; 3 caps, 4s. 6d.; 1 pocket, 1s.; 1 pair of socks, 6d.; 1 flannel shirt, 3s.; 1 counterpane, 10s.; and 1 blanket, 10s. the goods of Richard Millson and another; to all which he pleaded
GUILTY.* Aged 19.— Transported for Seven Years.
HENRY EMBLEM . I am assistant to John Kelday, a pawnbroker, in Durham-place East, Hackney-road. The prisoner was his warehouse boy—he had 5l. a year, and lodged and boarded in the house—on the 11th of June I gave him ten sovereigns of my employer's to obtain for me 10l. worth of silver, and he never returned—oh Saturday, the 21st of June, he was brought back by one of the servants in the house, and given into custody—my master was not present when I gave him the ten sovereigns—I had frequently sent him for change before, and he had brought it honestly—I had sent him with as large an amount as this.
THOMAS ZINZAN (police-constable N 67.) I received the prisoner into custody at his master's shop on the 21st of June—I did not say anything to him to induce a conversation with him, but he said of his own accord that he had been robbed of 5l. of the money in the Pavillion Theatre—he did not say what had become of the other 5l.—there was only 2d. found upon him.
Prisoner. I have no friends; I spent half the money, and the other half I was robbed of.
GUILTY . Aged 16.— Confined Three Months.
1536. MICHAEL JOYCE was indicted for stealing 1 pair of trowsers, value 2s.; 2 pocket-knives, 6d.; 1 bag, 1s.; and 1 half-crown; the property of Charles Jewitt; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 18.— Confined One Year.
GUILTY .— Confined Three Months.
1538. EDWARD FITZPATRICK was indicted for embezzling 1l. 2s. 6d. which he had received for William Covell, his master:—2ND COUNT, for stealing 16 spoons, value 2s.; 24 combs, 2s.; 12 punches, 1s.; 21 rows of beads, 1s.; 7 chimney-ornaments, 1s.; 2 salt-cellars, 6d.; 12 mugs, 2s.; and 2 ornaments, 1s.; the goods of William Covell, his master.
WILLIAM COVELL . I live in Petticoat-lane—I buy and sell toys—my wife has a stall, and I have a stall down by Tower-hill—the prisoner assisted me in selling—he was selling for me on Saturday, the 28th of June—he had a stall—he went opposite to the pork butcher's shop—I went to my wife, and then I came to the prisoner and asked him how he was getting on—he said, "Middling"—while I was there a lady came for tiro spoons, which we sell at 1d. a piece—I said to the prisoner, "Run to my wife and get another 1d. spoon"—instead of that he ran off with every halfpenny he had taken that Saturday—the proof I have of what he had taken is, that goods to the amount of 1l. 16s. were missing from bis stall—on the Sunday morning I went down Petticoat-lane and put up a weighing-machine, and there I saw the prisoner buying a shirt—I went to him
and said, "You have robbed me of 1l. 16s."—he said, "It is a lie, it is not 1l.; 16s. only 1l. 2s. 6d."—I gave him in charge.
Prisoner. He owed me 13s. 6d. and I said it was only 1l. 2s. 6d.; I meant to return the remainder by a lad that worked with me, but I have not seen the boy since I left; I was going back to my master on Sunday morning; there were three images broken, and what I laid out in the day made 4s., to be taken from what he says there was; a servant gave me a bad half-crown; I showed it him, and he said why did I show it him.
Witness. He took a bad half-crown—I said, "You shall keep it, you are foolish to take a bad half-crown, you shall not work for me again"—there was 14s. 6d. found on him—I have trusted him with more money than this—I asked the magistrate to allow me the 14s., and have done with it—he said be could not, I must apply to the Court for it—I do not wish to hurt him—I should not mind taking him back again if the officer had given me the money.
WILLIAM KING ( police-constable H 83.) I took the prisoner—I found 14s. on him—they were having a dispute about what he had robbed him of-the prosecutor said it was 1d. 16s., the prisoner said it was 1l. 2s.
NOT GUILTY .
1539. JOHN HARDING the younger, was indicted for stealing, on the 24th of Feb. 10lbs. of oxyde of iron, value 5s.; and 200 labels, 2s.; the goods of Samuel Pickard Arnold and another, his masters; and RICHARD COOKE for feloniously receiving the same, well knowing the same to have been stolen, &c.
MESSRS. PRENDBRGAST and ROBIKSON conducted the Prosecution.
SAMUEL PICKARD ARNOLD . I am in partnership with my brother, John—tfe live at No. 135, Aldersgate-street, and are ink raanufacturert—both the prisoners have been in our employment—Harding was so till about three weeks ago, as under warehouseman and packer—it is neatly fivt years since Cooke left our employ as out-door porter—we have missed various articles for a length of time—we missed ink-powders about the 24th of Feb.—we did not miss any oxyde of iron or labels—we do not keep the oxyde of iron in very large quantities, two or three hundred weight—we keep the labels in the warehouse, wrapped up in paper and marked at the end in large quantities, from fifty to a hundred thousand—we could not possibly miss them—in consequence of information I applied for a warrant to search Cooke's premises—I was present when they were searched, on Tuesday, the 16th or 17th of Feb.—Harding was still in our employ—I sent for him from the warehouse to the counting-house—I said, "I am very sorry, John, to see you in such a situation, we have a very serious charge against you, it is not an affair of yesterday; I am afraid you have been robbing us for years,"and in order that I might be correct I would read from this paper that was then lying before me.
COURT. Q. When did you make up that paper? A. I did not make it myself—Mr. Wontner, the solicitor, did.
MR. ROBINSON. Look at the paper and read from it what you said to him. Witness. I said, "On the 15th of Jan. you took from our ware-house three quart bottles of red ink, and deposited them at Cooke's; on the 24th of Feb. you took from our ware-house 10lbs. of oxyde of copperas or iron, and you also got Bud gin, who is in our employment, to assist Cooke in making ink-powders; and the worst of all is, that not content with
taking these articles from our warehouse, you also took labels, and took them to Cooke's, and he has put out a spurious article and labelled them with our labels, and six dozen of this ink was sold to Mr. Levy"—these queries were brought to our warehouse in the paper drawn up by Mr. Wontner—I said, "What have you now, John, to say to this statement?"—he said, "I am very sorry for what I have done, I wish I could undo what I have done; I have been the dupe of a designing man"—I said, "You knew Cooke well, you ought to have avoided his company; but is this statement true or false? you must know whether it is true or not"—he waited a little while, and I again said, "Is it true?"—he then looked at the paper again and said, "Well, sir, it is nearly all true, it may not be quite."—I had not held out any expectation that it would be better for him to tell me—I then said, "How could all this happen?"—he said, "Cooke first led me into it, and then he said if I did not bring him what he wanted he would tell my master of it"—I then gave him into custody—I had been to Cooke's house before this, and was there when Wardle, the officer, searched it—there were some packets of ink-powder found there, a bag containing oxyde of iron, and some marking-ink—I saw some ink-powders found there in large pound packets, and I said to Cooke, "Where did you get the mould to make these ink-powders? you know they could not be made without a mould"—he said, "You may search where you please"—we searched, but no mould was found—there was a bag found with about ten or twelve pounds of copperas—it is exactly similar to the copperas that we are in the habit of using to make ink-powders and ink.
Cross-examined by MR. DOANE. Q. How long had Harding been in your service? A. About fifteen years—we always entertained a good opinion of him till this discovery—he conducted himself very well up to this time.
Cross-examined by MR. PAYNE. Q. How long was Cooke with you? A. About four years—I think he came out of the country—I do not know whether Harding came from the same part—Harding's father is in our employ now, and has been for thirty years—there is nothing extraordinary about oxyde of iron—it is used for many purposes—we had a quantity of similar oxyde of iron—we have sold ink in very large quantities, and there is reason to think it is adulterated in London.
JAMES DEANE . I came to London on the 19th of last August—I came to Cooke's house, and went to work for him on the morrow—he had asked me to come—he came from Kings Stanley, in Gloucestershire, where I came from, and I knew him there—before I came to London I had followed the business of a painter for the last four years—when I came from the country I went straight to Cooke's house to live—I and my wife had the top of his house—he told me I was to assist him generally—he carried on the trade of an ink-manufacturer at No. 22, New-street, Cloth-fair—that is very near Aldersgate-street—after I had been there some time I observed Harding frequently came to Cooke's premises—I did not at first know where he came from, but I found out at last that he came from Mr. Arnold's—I cannot say whether I heard it from himself or from Cooke—I was sent by Cooke to stay at the bottom of the gateway, in Aldersgate-street, till I saw the young man that I frequently saw come to Cooke's house, and to tell him that Cooke wanted him—there is a court leads out of New-street into Aldersgate-strect, and that was where I was to go—Cooke gave me directions where to go and stand by the corner of the
gateway—I was not to go any further than where he desired me to go—Mr. Arnold lived about 100 yards from where I was told to stand—Cooke said Harding generally passed that way to his meals—he told me not to go near to Mr. Arnold's, but to stand where he told me—I do not recollect whether that direction was given me the first time or not, nor whether I saw Harding the first time I went or not—I sometimes saw him on those occasions—I was sent to stand there ten or twelve times—I went to Cooke's in Aug.—I saw Harding come there several times before Christmas—I saw him many times before the 24th of Feb.—he frequently came—I recollect on one occasion, before Christmas, he brought two half-gross of ink-powders—they were not such as have been since found at Cooke's—they were black ink-powders, but were small ones—he brought them in the evening under his right arm—he had a latch-key, and let himself in, as he frequently did at other times—Cooke was out when Harding brought the ink-powders—they were put into the counting-house—I do not recollect Cooke coming home, but next morning I saw the ink-powders on the same board in the counting-house—they were taken out of the papers and labels that they were in, and were then lying loose—they had been packed' up when I saw them come—they were in labels that had Mr. Arnold's address on when I first saw them—I am sure of that, and they were taken out of the labels when I saw them the next morning—Cooke had been at home, and had been into the counting-house—in Jan. three quart bottles of red ink were brought by Harding—they had Mr. Arnold's name and seal on them—I very well recollect the 24th of Feb.—we had an order for ink-powders—Harding came at dinner-time, and brought in something in his leathern apron, which is used in the ink-powders; oxyde of copperas, I believe it was—Cooke asked him to-get a young man to come and show me how to make ink-powders—Harding said he did not think he could get him to come—Cooke said, "Try; tell him I will give him plenty of beer"—Harding took what he had brought into the counting-house, and put it on the floor—I afterwards saw it was oxyde of copperas—it was whitish brown colour, similar to this that is produced—it ii sometimes called oxyde of iron, and I have heard it called white copperas—there was about ten pounds of it, as far as my judgment goes—there was no mark on that, but it was brought by Harding in his apron—whether there was anything else in his apron I cannot tell—I did not see whether there was or not—his apron was tied on, and he had the bottom part of it held up—some time after that Paddock told me to come tip stain—he said he had been finding some of Mr. Arnold's labels—he had them on the table in the first floor—I saw them—I should say there was about two gross of them—I took one sheet which bad four labels on it, and gave it to Mr. John Arnold—I saw it produced again at the police-office.
COURT to SAMUEL PICKARD ARNOLD. Q. Look at this oxyde of iron, or whatever it is, and see whether you had such a material as this on your premises? A. I have seen it before, and examined it—it is very similar to what we have—we manufacture it—it is made from iron and green copperas, and exposed to great heat and left to cool—it is really oxyde of iron—it is green when we put it into the furnace—it then becomes in a fluid state, changes colour, and comes white, and is left to cool, and then it becomes this white stuff—I do not know what difference it makes in the weight of it.
oxyde—this is the sheet of paper with the labels on it produced to me by Deane—it has my mark on it.
JAMES DEANE re-examined. The labels were put back again to where they were taken from—I afterwards, on the 9th of May, saw two dozen of ink labelled with the same sort of labels, and I took that two dozen of ink to Mr. Levy, the stationer—it was labelled seemingly with those labels—it was nearer to May than to February when I first saw the labels—I saw Harding bring red ink in January—he brought it three times before the 24th of Feb.—I saw him come on those occasions—he generally came in the evening after leaving work, and once he came before eight o'clock with a gallon bottle in a hurry, and asked Cooke to let him leave it a short time—I have some entries in a book I have here—I put them down at the time.
COURT. Q. Was that from your belief in the honesty of the transactions? A. No, from my belief it was improper—I continued to go to that gateway after thinking it was improper, and booking the transaction—I was acting as servant to Cooke at the time.
MR. PRENDERGAST. Q. Had you any friends or acquaintances in town except Cooke? A. No—I continued to make these entries for sometime—I left Cooke's service on the 10th of June, and two days afterwards I went and informed Mr. Arnold—I gave him all the information I have got down in this book, at once—I remember, before I left Cooke, a conversation taking place between him and Harding on the occasion of his bringing a young man to help me to make ink-powders—the young man's name was Budgin—this entry in the book of "stone mould," signifies that a mould was brought to make the ink-powders.
Q. Were the moulds brought at the time the copperas was? A. That I cannot tell—the copperas was made into ink-powder, and the mould was used for making up the powders—here is a mould—(looking at one)—we have square pieces of paper cut out, and the paper is put round this funnel, then put into the mould, and pushed through—Cooke was not in the habit of making ink powders while I was there, before the 24th of Feb.—I gave the whole account of this to Mr. John Arnold, and I believe he took down the dates on paper.
COURT. Q. What was the occasion of your leaving Cooke? A. I found my letters had been detained and broken open—and the evening before I left there were some circulars brought home with different prices to what Cooke had been selling things at—I opened them, and looked at them, and Mrs. Cooke took offence at it—I said I bad seen it before, and I thought there was no harm in it—she said that was not the only thing, there were some things opened on Sunday morning—I said that was no more harm than opening my letters—she said, "Who opened them?"—I said I wished I knew—when Cooke came in he asked, "What sauce that was I gave his mistress?" and said he would not have his wife talked to in that way—I took my coat and boots, and went away—I never went to Mr. Arnold before—I was in awkward circumstances—I was many miles from home and had no friends.
JURY. Q. What wages were you receiving? A. Fourteen shillings a week—I had no other employ nor prospect at all—I was not boarded—14s. a week was all I had to maintain my wife, my child, and myself.
Cross-examined by MR. DOANE. Q. Do I understand there is an entry in this book relating to the transaction of the 24th of Feb.? A.
Yes, here it is on the cover, "24th and 25th of Feb., we worked till three o'clock the next morning—10lbs" of what I then called stone, brought and the mould—and then I have "Budgin" down—that was the young man that came to assist me in making the powders after he left Mr. Arnold's at eight o'clock, and I worked with him till three o'clock the next morning—this stone was brought by Harding at dinner time, on the 24th—I made this entry on the 25th—I will swear I made it on the 25th—I do not know when the mould was brought—I saw it when we began to work with it at eight o'clock at night—I have seen Harding there packing on several occasions—I cannot say exactly how long ago—the mould was such a one as this—it was not this one.
Cross-examined by MR. MELLOR. Q. What were your ostensible means of livelihood before you entered Cooke's service? A. I was a painter—I did a job for one and another—I principally worked for persons in the forest—I did not work for one master at any time—I had known Cooke a long time—I believe he was born in the same place where I was—I believe his friends and relations are there—it was getting towards winter, and I wanted a winter's work—Cooke took me—it was at his request—I knew nothing of his business—he was obliged to bring a young man to teach me to make ink-powders—I never gave information to any one of what took place, though I made memorandums in this book—Cooke hid no occasion to find fault with me—he did find fault with me—he never told me to my face that I was an idle fellow, or that I was not trustworthy—I do not know what he might say to other persons—he never said to to my face in presence of any other person—if any person said he did he would say falsely—I received 14s. a week—I never received 18s. as weekly payment—I have received it during the week for services rendered to Cooke—I received also the rent of a room—no person was present, to my recollection, on the day this copperas was brought to Cooke's premises—there was no person present at any time, to my knowledge, but Cooke and Harding—when Harding came in he retired with Cooke to the counting-house, and left me working in the shop—I never saw any one present on those occasions—no one has read these memorandums but me—I was not asked to make any memorandums in the course of my business—I never knew Cooke to employ any of Messrs. Arnold's servants but Budgin, and I never saw him there but on that occasion of making the ink-powders—I did not state that Cooke bad frequently found fkult with me—he has found fault with me—I never said that I would be revenged on Cooke, nor that I would serve him out—I recollect the evidence I gave before the Magistrate—I said I would inform Mr. Arnold—I am prepared to swear that during the period I was in Cooke's employ I never said I would serve him out—I did not say so after I left him, to my recollection—if any one swears I have it will be false—I never said so to Paddock, or in his hearing—I recollect Paddock saying it at Guildhall, and I denied it—since I left Cooke's service I have been supported by the police-officer—I went to him and told him, and he told me not to go into the country, and said he would keep me from a state of starvation, and when I wanted money I went to him—I do not know who furnishes the money—the officer never told me—I said before the Magistrate that I had not received any money from Mr. Arnold, nor any person in his employ.
COURT. Q. How long has it been? A. Ever since the 10th of June—I know I have not had 15s. a week—I have seen copperas at Cooke's
in a green state—that was used for putting it into ink—he had a furnace for boiling the ink.
MR. MELLOR. Q. About how much have you received? A. I cannot speak exactly—I had barely enough to support me—I was, by Cooke's orders, to wait at the corner of the gateway when I was sent for Harding—I believe he worked continually at Arnold's—I have seen him take his meals at the Red Lion—I never heard him say that he did not wish to be bothered when he was at work—he never said to me, "Don't come to me when I am at work; if you wish to see me, stay under the gateway, and I shall see you"—I never went to his work—I do not expect any advantage from this trial—if anybody says that I have said so, it is false—I have never said to Paddock, "I have got Cooke now, and I will serve him out," nor words to that effect—I owed Paddock 1s. and I have paid it him—I never said, "I have plenty of money, and I have 5s. a day from the prosecutor's solicitor"—Mr. Arnold never promised me a place in his life—I believe such copperas as this is commonly used in making ink—there is nothing particular about it—Cooke never made any while I was there—he was in the habit of buying materials for making ink—I do not know that his papers were seized when his house was searched.
MR. PRENDERGAST. Q. You had to stand in a gateway? A. Yes—it was a bye place, not a general thoroughfare—the money I have had would not average more than 10s. a week—before I came to London I had a house and home, but it cost me a good deal of money to come up to Cooke's, and I had no means—in this book I took the alphabet for 26, and I put A as 1, and B as 2—the words are spelt in numbers.
JURY. Q. When you were sent to the gateway what were the specific instructions you received from Cooke? was it to take a message from him, or to bring any parcel from Harding? A. I was to go and stand at the bottom of the gateway, and see if I could see Harding, and sometimes he said, "Tell him I want him;" sometimes he said if I stood there it would be signal enough for him to know that he wanted him—I never brought any parcel from Harding.
JOHN ARNOLD re-examined. I am partner with my brother. I recollect a communication being made to me by Deane—I made a memorandum of it at the time, but I afterwards saw him reading from this paper or book, and I asked him to give it me—the memorandum I had made corresponded with this—I gave the paper to my brother, and be gave it to mr. Wontner.
MR. PRENDERGAST. Q. Did Paddock continue in Cooke's service till you gave this information? A. He worked there till shortly before Christmas, and did not again come there till about three weeks before I left—I left him there.
HENRY PADDOCK . I was occasionally in the employ of Cooke, at No. 22, New-street—I have sometimes seen Harding coming there two or three times a week—I have been occasionally sent by Cooke for Harding—I was to stand under a gateway till Harding came from work—he would sometimes come to me and ask whether Mr. Cooke wanted him—he sometimes came from merely seeing me—Harding had a key to get into Cooke a by opening the door himself—I remember finding some labels on Cooke's premises—I called Deane to look at them, because I saw Mr. Arnold's name
large upon them—his name was not in large on all Cooke's labels—those which I saw were different from Cooke's common labels—Deane took some of them—I cannot say whether he took two or four—I thought he might have taken them to set up in trade himself, and have some printed like them—I cannot say what time it was I saw them—Harding used to come there frequently some weeks, and some weeks not at all—I have worked it Cooke's up to last Saturday night—Mrs. cooke carried on the business till then, and I worked there with her.
COURT. Q. Did you ever see any labels with Cooke's name on them? A. He used to have his name in small letters on some labels.
Cross-examined by MR. PAYNE. Q. Did you ever see Harding bring anything to Cooke's? A. No—I have not sufficient recollection of the labels I saw to speak to them—I have heard Cooke find fault with Deane, and at the time Deane left I heard him say he would serve his master out—I afterwards met Deane one day and asked him for 1s., which he owed me—he told me he had plenty of money, and that he was receiving 5s. a day from Mr. Arnold's solicitor—he said he had been promised a good place in town—he said, "I have got Cooke now, and I will serve him out"—I never saw Cooke manufacture oxyde of iron—he never let us see anything of it—he used to work late of a night.
GEORGE WARDLE (City police-constable. No. 325.) I searched Cooke's house on the 17th of June—I found there this copperas or oxyde of iron, some ink-powders and marking-ink, and other things—I have given Deane about 10s. a week, about 2l. in all—that is the utmost I have given him.
SAMUEL JAMES ARNOLD re-examined. There is about 7lbs. of this, oxyde of iron—it is exactly like what we have in stock, and what we hare had for some time—we make it ourselves—I do not know where to apply to purchase it—I have been in the trade thirty years—Cooke did not manufacture this at all.
COURT. Q. Would Che appearance or condition of this, vary according to the intensity of the heat, or the length or shortness of the process?, A. It would, very materially—this has the appearance of what we make from a given heat of the furnace—we were in the habit of making this article In the same state, this is when Cooke lived with us—he might have been aware that we had such a thing, but he had no concern with it—he was porter, and if he had a little leisure time our warehouseman would employ him in washing bottles, and, for aught I know, he might have assisted in making this stuff.
Cooke. I have made hundred weights of it at your house, and could I not have made this from common green copperas in an iron pot? Witness. You might.
Cooke. I have bought pounds of copperas to mate it in a common iron pot, but I do not want my boys to know how I make it.
Cross-examined by MR. MELLOR. Q. Is there anything peculiar in the copperas used to make this? A. No, this has no particular colour.
COURT. Q. Do you know of any other ink-makers who use the same material and the same process? A. Yes.
HARDING— GUILTY . Aged 28.—(See page 465).
COOKE— NOT GUILTY .
THIRD COURT.—Friday, July 11th, 1845.
Third Jury, before Edward Bullock, Esq.
WM. NOBLE . I am a linen-draper, and live in High-st., Shoreditch—the prisoner was in my employ a year and ten months—he boarded and lodged in the house—he was entrusted to receive money—on Monday, the 16th of June, Jane Whatley called me, and said in the prisoner's presence, that he had taken 6d. out of 1s. 9d. that he had received from a customer, and put it into his pocket—he said, "I believe 1 have taken it, I hope you will forgive me, I am very sorry for it, I will endeavour to do better"—I said that after what had occurred in Jan. last I certainly should not think of looking over it, but I should prosecute him for it—he begged me to forgive him for the sake of his mother—I went to his mother's in the evening—I let him continue in my service till the Wednesday morning.
Cross-examined by MR. CLARKSON. Q. I believe the prisoner's father was a respectable wholesale Scotch linen dealer in Philpot-lane? A. I do not know—I am not aware of any quarrel between the prisoner and Jane Whatley—he did not say the 6d. was his own—I never heard him say so till he said it before the Magistrate—I believe I gave him into custody on the Thursday week after the 16th of June—I never promised not to prosecute him—I discharged him on the Wednesday morning—he got into another employ on the following morning—I was not aware that he had got into another employ at the time I charged him—I am not aware that he paid any attention to Jane Whatley—I never heard of it.
COURT. Q. What was he to do with the money he received? A. To give it to me if I was behind the counter, but at this particular time I was engaged with a customer, and in that case he was to place it behind him on a recess, and give it me presently—he handed me the 1s. 3d.
JANE WHATLEY . I am single, and live with the prosecutor—on Monday, the 16th of June, I was in the shop and saw two ladies come in—the prisoner served them with some thread lace—I was not near enough to we what the price was—I saw what the ladies gave him—it was 1s., a sixpence, and 3d.—he put the 1s. 3d. on the recess behind, where we usually place money when Mr. or Mrs. Noble were engaged, or out of the way, and 6d. I saw him put into his right hand trowsers-pocket—as soou as the customers were gone there was no one remaining but him and me, and I directly accused him of having put the 6d. into his pocket—he denied It—I called Mr. Noble and accused him before him—he then begged Mr. Noble to forgive him, and he would try to do better—Mr. Noble said that after what had occurred in Jan. he should not think of forgiving him, he should prosecute him, and I said it was not the first time I had seen him do it—the prisoner then said ho had taken altogether about 10s.
Cross-examined. Q. He laid the 1s. 3d. on the recess? A. Yes, and Mr. Noble took it—I am sure of that—the prisoner has not been paying me any attention—I had no thought of a boy like him paying me attention—he was very conceited—I never had any quarrel with him—he insulted me very much one morning, in conversation on a religious subject, but I was not out of temper with him, and I was afterwards just the same at before—that might have been a week or two or three days before this occurence—I was standing beside him when he put the 6d. into his pocket—he was aware of that—I do not think he was aware that I saw him do it—I was on his right hand—he put it into his right pocket—I was close by him—I did not touch him—I did not accuse him of it before the ladies—I waited till we were alone—the sixpence has not been found—Mr. Noble went for his mother—he said he had 6d. in his pocket—he was not asked to produce it.
WILLIAM WRIGHT (policeman.) I took the prisoner into custody on the Thursday—I told him I took him for stealing money, I could not tell the amount—he asked where I was to take him to—I said to Spilalfields, and Mr. Noble would come and charge him—he said he knew nothing at all. about the sixpence—as we came along on the buss, I told him there were three or four different things Mr. Noble had spoken of, there was 1s. 9d. taken for some goods, and 6d. he had put in his own pocket—he said the 6d. was his own, and it was not in his right-hand trowsers pocket, for it was in his left.
Cross-examined. Q. Is there a word about that in your deposition? A. No—I stated it before the gentleman who took my deposition—he took down what I said, and read it over to me—I said it was correct.
NOT GUILTY .
1541. HENRY OXBURGH, HENRY LARGE , and WILLIAM SMITH , were indicted for stealiug on the 8th of July 6 gallons of brandy, value 9l., the goods of George John Bryant, the master of Oxburgh, in a vessel in a port of entry and discharge.
THOMAS BENJAMIN WALKER . I am an inspector of the Thames-police. On the night of the 8th of July, about half-past eleven o'clock, in consequence of information, I went on board the barque John Laird, which was lying in the London Dock—I saw Oxburgh in the Captain's state room—I said, "What are you doing here?"—he said, "I belong to the vessel, and am going to sleep here"—I said, "You are not going to sleep here, for there is no bed; do you know anything of any brandy being stolen from the vessel?"—he said there were two lads on board the vessel when became on board at eight o'clock, with a bottle; that they said it was water, and they had merely stepped on board to look at the ship, being an iron ship; that abont nine o'clock Mr. Somes, one of the Dock constables, came on hoard, and brought one of the lads with him, and a bottle, and asked him if he knew anything of any brandy being stolen from the vessel; he said no, he did not; that Somes said, "You must go with me to the guard-house;" that he went on shore to go with him, and on the way the lad ran away; that he ran after him, and overtook him, but the lad knocked him down and got away; that he then came on board the ship again, and found the cabin had been broken into—he said it must have been broken into, for he saw the mate lock it before he left; I then went✗the hold, and found ten casks of brandy there, three of them had been
pierced and plugged, and on sounding them some were deficient—I could tell from the hollow sound that they were not full—we presume they are shipped full—I do not know whether they had been full or not—there was a little wet about the spile holes—I searched the forecastle and found a stone bottle full of brandy, it holds about a gallon and a pint—I also found a case bottle with about a quart or more, and a soda-water bottle full of brandy—it looked the same sort of brandy as was in the casks—I saw a tumbler on a cask in the forecastle with brandy and water in it—I said to Oxburgh,"You told me a falsity about sleeping aft, I think you have been sleeping here, for here is a bed which I think must be yours"—I took him to the station-house with the brandv, and set Fraser, a constable, to watch the vessel—about half-past seven next morning he brought the other two prisoners to the station-house, with three bottles containing brandy—I asked Large how he came by the brandy—he said, the steward of the John Laird, pointing to Oxburgh, gave it to him—I asked him if he knew where Oxburgh got it—he said, "Yes, he got it from a cask in the hold"—I said, "Did you see him get it?"—he said, "Yes, I was with him."—Oxburgh was present—I have since seen the casks gauged—there was six gallons deficient in all, from what was marked on the lids—three gallons from No. 27, two from 28, and ore from 29.
Oxburgh. Q. Did not I state to you at the station-house that the casks had been opened? A. You stated that one had been opened, in consequence of its being found spiled in the lug-boat alongside, and that it had been re-gauged.
WILLIAM SOMES . I am a constable in the service of the London Dock Company. On the night of the 8th of July I was at the end of the West Quay, near London-bridge, and saw a lad standing against some stone paving, and a stone bottle lying alongside of him, containing about five and a half pints of brandy—I spoke to him, and in consequence of what he said I took him on board the John Laird—I saw Oxburgh on the deck, and asked him if he had any brandy on board—he said no, he had no brandy on board, neither did he know anything about the brandy or the boy—as I was taking them to the station the lad ran away, and Oxburgh ran after him—the other lad is not here—information was given to Walker, and he went on board.
CHARLES FRASER . I am a Thames police-constable. In consequence of what happened I watched at the John Laird from about half past four o'clock till near seven o'clock in the morning—I saw Large go on board about half-past six o'clock—I said nothing to him till he came on shore again—I then asked what he had been doing there—he said he had been to see the steward—I said, "he steward is not there"—he said, "I left him there last night"—I said, "If you want to see him you must come with me to the station to him"—I then said, "Do you know of a robbery committed last night?"—he said, "I thought so; if you will come with me I will tell you all about it"—I went with him on board the Robert Clive schooner, went with him into the forecastle, and told him to give me all the brandy he had got—(there was no one else on board but a black man, who was cook and steward)—he went to his berth and gave me a stone bottle full ofbrandy—I told him I thought he must have some more—he went to his bed-place and gave me another bottle also, containing brandy—I then searched his bed-place, but found no more—I took him part of the way to the station—I asked him if there was not some one else concerned
in this—he said, "Yes, officer, I will tell you all,"and he said something to me, in consequence of which I went on board the Frederick Huih, which was lying opposite the John Laird—Large there pointed out Smith to me—I told him he must come down below and give me what brandy he had got—he said he had no brandy—he afterwards produced from the larboard side of the forecastle a small bottle, containing half a pint of brandy, and I then took them to the station—I asked Large, in Smith's presence, how they drew the brandy off, and he said with a razor, a marlin-spike, and a stone, and it was a bad job—I afterwards went down into the hold and found a knife, a marlin-spike, and a stone, and in the forecastle I found a razor.
WILLIAM DUNCAN BERRIDGE . I am mate of the John Laird. On tne 8th of July I left the vessel a little after six o'clock, leaving Oxburgh in charge of her—he was the ship's keeper and acting steward—I left no one else there—I cannot say whether the casks were full of brandy or not—they were not spiled, except one, and that was done on the Friday evening previous—I had examined them as they came on board on the Saturday morning, and they were not spiled then—I was in the hold on the 8th—there was no spiles in them then—I did not notice them particularly—the master of the vessel is George John Bryant.
Oxburgh's Defence. On Saturday night I went ashore and had a little too much to drink, and on Sunday morning I was taking a walk through the Docks and fell in with two policemen; they saw me staggering, and asked if I could give them any grog; I said there was plenty on board, but not spiled, they told me to bring them down a bottle; they had water beside them, and they would enjoy themselves before they went to dinner, and if I could not be down in half ah hour, to be down by three o'clock, before they were relieved; I did so; I met another policeman who came on board and had a glass of brandy; I told him the other policeman wanted a bottle; he said if I gave it to him he would carry it for me; I gave him a bottle with about a pint in it; he unlocked a tool—shed, took me in, gave me about half a pint bottle full, and kept the rest himself; I then went to the tobacco-dock, where the other policemen were, and gave them the rest; I should not have broached any of the cargo of it if it had not been for those men; I never did the like before, and never will again.
Large's Defence. I was on board the Frederick Huth; Oxburgh asked me to come and drink a glass of brandy and water with him on Sunday, which I did; he asked me to come on Monday; I did not, but went on Tuesday; some policemen were standing by the quay; I smelt the brandy, and said, "What is this?" Oxburgh said, "If you won't say anything I will give you a bottle;" he gave me two bottles, and I took it on board my ship, and gave it up to the officer when he asked me for it.
Smith's Defence. On Sunday evening Oxburgh asked me to go on board with Large; I went; he told me if I came on Monday evening he would give me some brandy; I went and he gave me some, and gave Jarge two bottles.
OXBURGH— GUILTY . Aged 17.— Confined Two Months
LARGE and SMITH— NOT GUILTY .
WILCOX— GUILTY . Aged 32.— Confined Six Months.
SOLE— GUILTY . Aged 23.— Confined Two Months.
MR. BRIERLY conducted the Prosecution.
JOSEPH BEALE (policeman.) On Saturday, the 5th of July, I was conveying a person to the station-house at Poplar, and was in the act of shutting the station-house door, when the prisoner, who I believe is a seaman, struck me a blow on the head—I did not know him before—he followed me in to the station—Young, who was on reserve duty, came to my assistance, and the sergeant on duty came out to assist also, and ordered the prisoner to be secured—the prisoner, at that time, had me by the cuff of my right coat wrist—he tore the sleeve off, and in a minute afterwards I felt a knife run across my hand—I saw the knife in his hand—finding myself wounded I called out to the sergeant to be careful, that he had a knife—I drew my truncheon and struck him twice on the arm with intent to strike the knife out of his hand—the sergeant then ran into the guard-room to get a cutlass, as he had his hand ready to strike—he came out and struck him with the flat of the cutlass, and knocked the knife out of his hand.
Cross-examined by MR. PAYNE. Q. You have not told us the beginning of the matter—did not you take some shipmate of his in custody for refusing to give up 1s. to a boy? A. I took a sailor into custody for knocking 1s. out of a boy's hand, and then saying he would not give it back—I took him to the station for that, and the prisoner followed us—I suppose what he did was to prevent the man from being kept in custody—I have made inquiry about the prisoner—I believe he belongs to the Undaunted, of Aberdeen—she sailed on the Monday, as this happened on the Saturday—the man I took into custody was a seaman on board that ship—I do not think the prisoner was the worse for liquor—I should pronounce them both sober—this occurred about half-past five o'clock on Saturday afternoon—I took the man into High-street, Poplar—the prisoner struck me with his fist first, and knocked me against the wall as I was shutting the station-house door—Young then came out to my assistance, and Sergeant Waller ordered him to be secured—it was in the scuffle to secure him that he tore my cuff and cut me—he said before the magistrate that he did not recollect what he had done, he was overpowered with liquor—he was kept in custody all day, Sunday, and taken before the Magistrate on Monday.
MR. BRIERLY. Q. Did you see the assault on the boy? A. I did not—the boy came to me, and made the complaint.
THOMAS YOUNG (police-constable K 292.) I was at the Poplar station, and heard Beale call out—I came to his assistance—I heard him say, "For God's sake, stand clear; he has cut me with a knife"—I saw a knife in his hand, which was upraised—Waller came and knocked it out of his hand with the flat part of the cutlass.
he was trying to liberate the prisoner, I said, "Let that man be secured"—the two men went up, but they were no use at all, he swung them about easily—I went up to him, and heard Beale cry out, "For God's sake, mind; he has cut me with a knife"—Beale got away—Young still clung to him—I went into the charge-room, and got a cutlass, which was the nearest weapon I could get—when I came out again Young was about half a yard from the prisoner—I saw the knife raised over Young—I immediately gave him the flat side over the knuckles, and knocked the knife out of his hand—I only struck him once—Beale struck him with his staff.
Cross-examined. Q. Have you made any inquiries about the prisoner? A. No—I have heard that his ship, the Undaunted, has sailed—his object was clearly to rescue his mate—this is the knife.
RONALD ROBERTSON . I am a surgeon at Poplar. I saw Beale on the Saturday evening—he had a severe wound across the back of his left hand, two inches and a half long, and cutting through the integuments—it might be inflicted with such a knife as this.
GUILTY of an Assault. Aged 21.— Confined three Months.
NEW COURT.—Friday, July 11th 1845.
Fifth Jury, before Mr. Recorder.
1544. JAMES FRY was indicted for stealing, on 12 sovereigns, the monies of Robert Sangster Northneld: also, on the 16th of June, 1 shawl, value 5s.; 2 scarfs, 10s.; 1 petticoat, 1s.; 1 pair of drawers, 1s.; and 1 collar, 5s.; the goods of Jane Love: to both which he pleaded.
GUILTY .— Confined Twelve Months.
1545. JOHN HARDING, Jun., was indicted for stealing 1/2 pint of marking-ink, value 15s.; the goods of Samuel Pickard Arnold and another, his masters; and RICHARD COOKE , for feloniously receiving the same, well knowing it to have been stolen; against the Statute.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
SAMUEL PICKARD ARNOLD . I am in partnership with my brother John—we live at No. 135, Aldersgate-street, and are ink-manufacturers. Both the prisoners have been in our employ—Harding was so till he was apprehended—Cooke had left us about five years—at the beginning of this year we missed a great deal of property, and, in consequence of some communication from Deane, I applied for a warrant to search Cooke's premises—they were searched about the 12th or 14th of June, or it might be the 16th—it was on a Tuesday—there was marking-ink and other property of ours found there—I returned with the officer from Cooke's to our own premises, and I sent for Harding down from the warehouse to the counting-House—I said to him, "I am sorry, John, to see you in such a situation; we have a very serious charge against you; it is not an affair of yesterday; I believe you have been robbing us some years, and, in order that I may be correct in the charge laid against you, I will read from a paper now before me"—this is the paper—I said, "On the 11th of March you took from our warehouse half a pint of marking-ink, and deposited that at Cooke's"—I
read the whole of the paper—he heard the whole of it—I had read the detail to him—I said, "Is this true?"—he said, "I wish I could undo what I have done; I have been made the dupe of a designing man"—I said "You know a certain person (naming him) very well; you ought to have avoided his company"—"But," I said again, "is it true? you must know if it is true or not"—he hesitated a minute, looked at the paper, and said, "Well, then, sir, it is nearly all true, it may not be quite"—I said then, "How could all this happen?"—he said, "I was led into it by a person; and when he had got me into it, he then told me, if I did not bring him what he wanted, he would tell my masters of me"—I said, "How did you contrive to take away so much marking-ink?"—he said, "I put it into bottles, and took it away at different times"—he said he hoped I would be merciful to him—I have seen the marking-ink found at Cooke's—(looking at it)—I have examined the quality of this in this quart bottle, and compared it with what we make—it corresponds in all respects with the ink we make, which is entirely made from a secret of our own—nobody but my brother and myself make this ink—we do not trust an individual with the secret—I can say that this is a part of that manufactured on our premises—it is never sent out in larger bottles than these small ones—we once sent out half a pint to a person—that must be seven or eight years ago—with that exception, it is invariably sent out in these small bottles—Cooke must have known that—he was with us four years.
Cross-examined by MR. DOANE. Q. How long had Harding been in your service? A. Fifteen years—his father is now with us, and has been for thirty years—we had a good opinion of the prisoner—if any person had told me that a person in our employ went to a person's to pack, I should have been displeased—Harding felt a disposition to throw himself on out mercy, and to make every reparation in his power—I was very sorry for him.
Cross-examined by MR. PAYNE. Q. How long was Cooke in your service? A. Four years—he left us five years ago, and set up for himself—this in this quart bottle is the marking-ink which I experimented on—I looked at the colour, and then at the consistency of if, and then at the quickness with which it changes colour on the application of heat, which is a very great point, and distinguishes our ink very much—I have not subjected it to an analysis—I have merely examined it, and seen the effect of heat on it—some medical men make ink—there are a great many inkmakers—we think ours has been adulterated, but we never found it out—I have not examined the marking-inks of all the makers—I should think there are 500 makers—those I have seen are near the same kind of material as ours—there is nitrate of silver in all of them—it is the basis of all marking-ink—there is no marking-ink exactly like ours—what one man's ingenuity may have discovered, another's may.
MR. BODKIN. Q. Nitrate of silver is the basis of all these inks? A. Yes—an analysis would be the only mode of testing accurately whether this is ours, but I am satisfied by my experiments that it is ours.
COURT. Q. What is that in the smaller bottles? A. I have not subjected them to the same test, but from their appearance they are the same.
JAMES DEANE . I entered Cooke's employ on the 20th of August last, and I left on the 10th of June—I saw Harding at Cooke's frequently during my service there—Cooke's premises are about 200 yards from Mr. Arnold's—I felt it my duty to make a communication to Messrs. Arnolds two days after I left Cooke's service—I remember Harding bringing to Cooke's, about
half a pint of marking-ink, on the 11th of March—he gave it to Cooke in the counting-house, and Cooke put it down on the desk—I afterwards looked, and it was marking-ink—it was not in this bottle, but in a smaller bottle, about a half-pint—it was not a regular marking-ink bottle—I should say it was a bottle used for other purposes—Cooke sold marking-ink at that time, but I never knew him make any—I afterwards saw the bottle containing the marking-ink, up stairs, and a bottle similar to this one, was under it, and it was draining into it—I had frequently seen Harding at Cooke's before the 11th of March—I had seen him bring ink-powder, and red ink before that, and oxide of iron, I believe it is called—he came sometimes two or three times a week, and sometimes he did not come for a week—he had a latch-key, and generally let himself in—there is a gateway near Cooke's, to which Cooke used to send me—he told me to wait till I saw the young man, Harding, and then I was to say to him that Mr. Cooke wanted him—I heard Harding say to Cooke on one occasion, "Don't send them close to our premises, for if our old man were to see them, or to know it, he would have some suspicion," or, "it might excite, out old man's suspicion," or words to that effect—I am sure I heard him say that—I do not recollect that Cooke made any answer—I am not certain whether that was before or after the marking-ink was brought—while 1 was at Cooke's I never knew any marking-ink to be made or to be bought by him.
Cross-examined by MR. MELLOR. Q. What were you before you entered Mr. Cooke's employ? A. A painter, at King's Stanley, in Glucosesteshire—I had no shop—I was working for myself—my father knew the trade before me—I was not apprentice to him—I have been in a person's employ for two months or so—I was not in great distress when Cooke took me—I certainly was glad to have a place—it was near winter—I was married, and my wife had constant work—there was no other person in the room to see this ink brought—I do not know of any person being present to see anything that I have spoken to—I was dismissed from Cooke's service—he never told me that I was a good-for-nothing fellow, or that I was not to be depended upon, and he would not keep me—I did not see., him at all times in his business—he was sometimes at work till two or three o'clock in the morning, and I was with him—he has worked late I know—I do not know that it is a rule in the business with respect to marking-ink to make it privately—I know it is a secret, and persons in pos-session of it do not wish to communicate it to others—I have been in the habit of purchasing materials for Cooke in his business—I never knew of his working at night alone—he had a boy in his service—I have been in the habit of cleaning out a pestle and mortar occasionally—I believe corrosive sublimate had been used in it—by the appearance it had only been used for one particular purpose—Cook has come home in a passion sometimes, and found fault with me—I never said I would serve him out—I remember paying Paddock 1s., which I owed him—I did not on that occasion say to him, "I have got Cooke now, and I will serve him out—I never used those words, or any similar expression—I never knew any other packer but Harding—I do not know that packing requires more experience than any other part of the business—I never attempted to pack—I knew nothing of the business before I went to Cooke's—he used to make a great quantity of inks, and have them packed and sent abroad—he made black and blue ink—he was in the habit of sending me and
others to buy materials—I never recollect his writing out a list of the things he wanted—I went by word of mouth.
COURT. Q. Did he ever intimate to you that he was in the habit of making marking-ink? A. No.
MR. BODKIN. Q. Did you ever get any materials applicable to making marking-ink? A. Not to my knowledge—when he worked late at night I was up with him—that was when we made ink, which was once in two or three months—he made black ink, and I assisted him—there were some new circulars brought home one day from the printer's, with a different price of ink on for our traveller to circulate—I opened and looked at them, and saw the prices—Mrs. Cooke asked me why I did it—I said it was no harm, I had seen it before it went, and I wanted to see how it was done—she said that was not all, there was an invoice opened up stairs—I said I never saw it, but that was no more harm than my letters being detained and broken open—she said, "Who did it?"—I said, "That is what I want to know"—that was the cause of my dismissal, and two days afterwards I went to Mr. Arnold's—I did not go before, as I was a young man a hundred miles from home, and I was distressed—I had but about 15s. a week—I had a child—I had a room in the house, and found my own board—I had no friends to go to—I saw Harding bring the ink powder before Christmas—I suspected something was wrong in Jan., and from that time I took a note in my book of what happened.
Cross-examined by MR. PAYNE. Q. This was a book in cypher, was it not, and had Feb. before Jan., and all sorts of messes in it? A. It is in cypher—this is the book—I knew marking-ink before I saw this—I had seen marking-ink at Cooke's, but did not know how it was made.
Cross-examined by MR. PAYNE. Q. It would fit a great many doors, would it not? A. I cannot say—I only tried it to that door—it is a common key.
GEORGE WARDLE (City police-constable, No. 325.) I searched Cooke's house on Tuesday, the 17th of June—I found this bottle of marking-ink in one of the drawers of the chest in the first floor sitting-room, also these eight small bottles of marking-ink, and a quantity of ink powders, which I produce a part of, a bottle of red ink, and about 7lbs. of copperas.
SAMUEL PICKARD ARNOLD re-examined. I have looked at all this property—I believe it to be ours—neither Harding, nor any one in our employ, had an opportunity of knowing how marking-ink was made—it was entirely private.
JURY. Q. Have you any locks on your premises that this key will fit? A. I know of nothing like it.
(Mr. Pappineau, a stationer, in Mark-lane, and Mrs. Soper, of New-street, gave Cooke a good character.)
HARDING— GUILTY . Aged 28.—Recommended to mercy by the Prosecutors, who engaged to take him back into their service.— Confined six Months.—(See page 453.)
COOKE— GUILTY . Aged 35.— Transported for Seven Years.
ELIZABETH JERMOND . I am single. I am nursemaid in the family of Mr. Samuel Moss, a merchant, at Upper Clapton—the prisoner came into his service as a charwoman, till they were suited with a servant—she came on the last day of April, and remained till the 9th of June—she was servant of all work while she was there—she had to do the cooking, and to go up stairs, if she was required—on the 9th of June my master had teen a piece of Irish sheeting had been torn off his bed, he called her into the parlour, and said he perceived that some one had been robbing him, and asked her if she knew anything of it—she disowned it at the time, but she afterwards put it into her mistress's hand, and said she had jone it—my master was very displeased, and said he would call in a Jolicetnan—she said she would rather have her money and go—he said he would give her her wages and let her go, as he did not feel satisfied to keep her—she said she hoped she was not going to lose her character—her master said be would not hurt her character, if nothing was found out afterwards—she went into her bed-room for her things, and placed them in I Urge piece of linen on the kitchen table—I left the room—she came up to bid me good bye—I had before told her that I missed two napkins from die nursery—I said I had fitly, now I had but forty-eight, and I should bare to make them good—the footman went to carry her bundle—two or three days afterwards I went with the policeman to Dearman's house, and Webb showed me a bundle—I found in it my two napkins—I took them away, and gave them to Mrs. Francis—the policeman produced to me the two silk handkerchiefs—I knew them to be my master's.
JURY. Q. You were not present when she packed up the bundle? A. No—I did not see what was in it.
HENRY FRANCIS (police-constable N 227.) On the 11th of June Mr. Moti came to the station—I went after the prisoner, and found her at Mrs. Pomfrett's, at Wood-street, Clapton—I told her I came to charge her on suspicion of stealing a waistcoat, a pair of trowsers, and other articles—I detirtd to see her box, which she showed me—I found no waistcoat nor trowiers, nor anything that I believe was stolen—I took her into custody, though I found nothing—I went again the next morning, and got from Mrs. Pomfrett's a red bag, which I produce—I found in the bag these two Bilk handkerchiefs—I took them to Mr. Moss's and showed them to Jermond—I then went with Jermond to Mr. Dearman's, in Wood-street—I got nothing at that time, but the next day my wife gave me two napkins, which I produce—on the 12th of June the prisoner was brought before the Magistrate—I showed her the red bag and the two silk handkerchiefs—I asked her if it was her bag—she said it was—I said, "There were these two silk handkerchiefs in it"—she said they were her master's, that she took them, and she was sorry for what she had done—I told her a bundle had been searched by the nurse, and two napkins found—she said they were two that belonged to the nursery.
Cross-examined by MR. WILDE. Q. You got this bag from Pomfrett? A. Yes—she did not tell me at that time from whom she had it—I have searched for the girl—she is not here—I know nothing of that person—when I went to the house where the prisoner lodged she gave me liberty to look over her box without any difficulty—when she said the handkerchiefs were her master's the police-sergeant was present—he is not here—no one is here who heard the statement she made—she said, "I have
taken them from my master's; I am very sorry for what I have done"—she might have said, "I must have taken them from my master's"—I will not swear that she did not.
SARAH POMFRETT . I am the wife of Nathan Pomfrett, gardener in Wood-street, Upper Clapton. The prisoner lodged at my house some time ago—on Wednesday, the 11th of June, a young woman brought the red bag to my house for the prisoner—the prisoner was there at the tine with the policeman—I asked the young woman in, and the bag was set down, to wait till the prisoner came down stairs, and then the officer, and the prisoner, and the young woman, went out—I went a short time afterwards into the room, and there I saw the bag which had been left—I never examined it, to see what was in it—the officer came the next morning to ask for a carpet-bag which had been brought the night before—I said there was no carpet-bag, but there was this bag—he looked into it, and pulled out the handkerchiefs—I saw him pull them out, but I did not notice whether there was one or two.
Cross-examined. Q. What time did the girl bring this bag? A. In the evening, while the officer was up stairs with the prisoner examining her box—I do not know whether she saw the red bag, but she went into the room where the girl was—I do not live in that room.
JURY. Q. Did the officer know that the bag was down stairs? A. I do not know that he did.
MARY DEARMAN . I am the wife of Thomas Dearman, a gardener, at Upper Clapton. On the 9th of June the prisoner came to my house accompanied by Mr. Moss's footman—he had a bundle, which he carried, tied up in a piece of linen—the prisoner asked me to take care of it for her—I took it of the footman—the prisoner returned the next day, and staid about an hour—she took something out of the bundle, but I do not know what—I looked into the bundle, und found there two napkins—'they were in a soiled state, as if they had been used by a female.
ELIZABETH JERMOND re-examined. These are the napkins I found in the bundle at Dearman's—they required washing—they were part of the nursery linen for the baby's use, who is five months old—I had fifty of them, and missed two—I told the prisoner when she went into her room to pack up her linen to go, that I was two short, and if she had them, to leave them—she made no reply—I was close to her—I went to the door of her room on purpose to tell her—they were in the same bundle that the footman carried with the prisoner by desire of her mistress.
COURT to HENBY FRANCIS. Q. Is the young woman here who took the red bag? A. No—Jem Child, an omnibus conductor, told was there was a carpetbag there—I went the next morning, and there was no carpet-bag but this one—I have seen Child speaking with the prisoner—the prisoner told me that Child knew about the waistcoat and trowsers, but she did not, and then Child told me of the bag, and said it was full of property, but I only found these two handkerchiefs in it—I believe they are not marked.
ELIZABETH JERMOND re-examined. There is a private mark on some of my master's handkerchiefs—they are marked with red cotton in the corner—here is the mark in red cotton in the corner of these, which I put on
them—I have to make out a list of the clothes every week, to tend the linen out, and see it back right.
Cross-examined. Q. I do not think you and the prisoner lived very comfortably? A. I never changed an angry word with her—I should have liked her to have staid—she came as cook and servant of all work—if she had brought her character she might have remained—the wages and all were agreed upon, but she said she could not get her character, for the lady she lived with had gone to the sea-side.
COURT. Q. Do you know Jem Child? A. I saw him after the prisoner was taken—he came with his driver, Mr. Pearce, to say that he never received any parcel—I had not seen him at our house before the prisoner left—I had seen him passing by the door on one of the omnibuses—I had never spoken to him—a waistcoat and pair of trowsers had been lost, and my master said he would give 5l. to know what had become of them, as they had never been delivered to him—the tailor could not tell which omnibus conductor he delivered them to—suspicion had fallen on the prisoner, that she knew something about them—I do not know who toe young woman is who is said to have brought the red bag and the two handkerchiefs—I have never seen her—I do not know whether she was an acquaintance of Jem Child's—I had heard the prisoner say she was in the habit of speaking to Child.
HENRY FRANCIS re-examined. Q. Was there anything in the bag besides these handkerchiefs? A. A parcel of sewing-cotton, and such things as a female would have—I took Jem Child three times before the Msgistrate, but he was not bound over—he came to me voluntarily, and said, "She has been trying to put me in the hole; she has got a carpet bag full of things at Mrs. Deannan's"—I had told him that the prisoner said he knew about the trowsers and waistcoat—I have taken every means to find where the young woman came from, but I cannot—I took Child to the tailor's, to see if he could identify him as the man he gave the things to-be could not tell that he was, and believed he was not—I inquired, and found the omnibus Child belonged to must have been in Clapton at the time, and not in London.
NOT GUILTY .
1547. JAMES BROOKS was indicted for stealing 25 yards of black holland, value 15s., the goods of John Robinson, his master; and WILLIAM DANIELS was indicted for feloniously receiving the same, well knowing it to be stolen; to which
BROOKS pleaded GUILTY . Aged 45.—Recmmended to mercy.— Confined
MR. BALDWIN conducted the Prosecution.
ISABELLA GAIR . I am servant to Mr. Morris, who keeps the Kinder's Arms, in Cannon-street, St. George's in the East—Daniels was in the habit of frequenting our house—Daniels told me on the 3rd of July to take half a pint of beer to Brooks, and to bring a parcel back which Brooks would give me—he said I must not go while there was anybody in the way—I went four different times, and took beer each time—I at last saw Brooks, and he gave me a parcel which was so heavy I could hardly carry it—I took it home and Daniels desired me to take it into the kitchen at Mr. Morris's—I had a communication with my mistress, she went with me, and we looked at the parcel—it was done up in brown paper—my mistress
opened it, and it contained black holland, there was a large piece of it—it was so heavy I could hardly carry it—it was afterwards fetched away by Daniels—the paper was a little torn where we had opened it—Daniels never came to our house afterwards.
Cross-examined by MR. ROBINSON. Q. You had been to Brorks four or five times? A, Four times—I had frequently been there to take beer-1 did not open the parcel, my mistress did—it was wrapped up carelessly—Daniels said, "I am going to take this over the water, I may as well earn 6d. as anybody else"—I have lived at Mr. Morris's two months—I lived sixteen years with another person—I left as I thought to better myself.
THOMAS BARTHOLOMEW . I am warehouseman to Mr. John Robinson—both the prisoners had been porters to him—Daniels had left about a fortnight before this occurred—Brooks was there still—Brooks had no authority to sell or dispose of a piece of black holland in any way, he was merely a porter—Daniels had been in my master's service about two years—he was acquainted with the course of business—he knew that Brooks had so right to sell or dispose of any of the goods in the shop—a piece of black holland contains twenty-five yards or more, and would make rather a heavy parcel, but we suppose this was two pieces.
Cross-examined. Q. Does not your master's house go by the Dame of Robinson and Co. A. Yes—he has no partner—Mr. Burnell is merely a buyer, he has a salary which does not vary with the profits.
Daniels. I was asleep on the table from one o'clock till three o'clock; I never went near the kitchen; I went home to my wife to tea at four o'clock.
Daniel's Defence. I saw Brooks in the morning, and asked him if there was any one on as porter; he told me if I was going to the Kinder's Arms, to order half a pint of beer for him; that was all that passed between us.
(Daniels received a good character.)
DANIELS— GUILTY. Aged 38.—Recommended to mercy.
MR. BALDWIN conducted the Prosecution.
WILLIAM DAVISON DAY (police-constable 74 K.) I apprehended the prisoner last Sunday at his own place, No. 7, Crabtree-row—I searched and found these articles in a box under the window—when the charge was made at the station, he said, these pieces of waistcoating were given him by the cutter, and these pieces of tweed were the remains of a taglioni which had been made for his boy—and these buttons he picked up in the ware-house among the dirt.
Cross-examined by MR. ROBINSON. Q. What room was this? A. He had but one.
waistcoating, it may be our cloth—I know these buttons to be ours, and this tweed—here is one piece marked with the price "L D" which is our shopmark—this has never been sold—we do not sell these things, we make them up—no cutter had any authority to dispose of any of these things.
Cross-examined. Q. What is this piece that is marked? A. It is print for waistcoats—I cannot swear to these figures that are on it, but I can to this "L D"—it is not my marking—the same mark is put on all our goods that cost the same price—we have thirty or forty cutters for shirts and for slops—the cutters would not be allowed to sell it him.
GUILTY . Aged 38.— Confined One Year.
GUILTY . Aged 60.— Confined Two Year.
Before Edward Bullock, Esq.
JAMES FINN (police-sergeant N 38.) I received information that some plants had been taken from Mr. Penn's, at Leyton—he is a plumber and glazier—I went to the prisoner's house, at Leyton, on the 24th of June, and found these three geraniums in three pots on the table in the room the prisoner slept in—he said, "I brought them from Mr. Penn's."
Prisoner. You came to me; I said, "I have no plants at all of Mr. Penn's" I said, "You may come and search;" you came up, and saw these on the table, and you said, "These are the three plants." Witness. Yes, and you said they were.
DAVID HENDERSON (police-constable N 140.) I gave information to, Finn that I had seen the prisoner at eleven o'clock at night, on the 23rd of June, opposite the Lion and Key, at Leyton—he had the appearance of having two plants or pots with him, but I could not see what sort they were—he passed within two yards of me—the next day I heard of tht plants being lost.
Prisoner. Q. What plants were they? A. I do not know—I will swear they were plants—these are like them—I could not swear it was these.
ALFRED PROBERT . I am apprentice to William Frederick Penn, at Leyton. I missed these plants from his garden on Monday morning, the 23rd of June, about ten o'clock—on the Sunday I had been looking over the plants in the garden—I did not notice these plants particularly, but I did not miss any then—on the Monday morning I saw the place where the plants had been—Mrs. Penn was in the garden, but not Mr. Penn—he went into the garden with me on the Tuesday, and we together observed that the plants were gone—these are the same sort of plants, and I know this label on one of the pots is my master's writing.
Prisoner. Q. Did Mr. Penn tell you to say that they were plants? A. No—he did not tell me to say the largest one was one of them—I did
not say I did not know anything at all about that, or that I could not swear to them at all, nor could my master.
Prisoner's Defence. These plants are what I have kept myself all the winter.
GEORGE BANKS (police-constable K 342.) I produce a certificate of the prisoner's former conviction at this Court-(read-Convicted 1st of March, 1841, and confined six months)—I was present—the prisoner is the person.
GUILTY . Aged 22.— Confined Six Months.
Before Mr. Recorder.
CAROLINE COLEMAN . I live at Woolwich. On the 2nd of July, at twelve o'clock at night, I was at the prisoner's house—she wanted to get me out of my bed, which I had paid her 1s. for, and to let it to another party—I would not get out—she struck me, and took two half-crowns out of my pocket, before my face, and after I'called out about it, she struck me four times—she had the money in her hand—when I asked her for it she said she had not seen it—I went for a policeman and gave her in charge.
Cross-examined by MR. BALLANTINE. Q. That is a house of a particular description? A. Yes—I get my living in the street—I was not drunk—I went to bed at half-past eleven o'clock—I was drinking at the Prince of Wales at five, and walked the street from five till eleven—the half-crowns were in my pocket under the pillow—I got them from a young man that evening—I have lived at this house for three months-there was a man and woman in the same room in bed—I had three months' imprisonment for stealing, about twelve months ago.
JOHN WALKER (police-constable R 298.) The prisoner was given into my charge about two o'clock in the morning, by the prosecutrix, who was sober, for taking two half-crowns from her pocket under her head—she denied all knowledge of it, but afterwards said she would give me two half-crowns if I would not take her to the station—I found five half-crowns on her, and 9s. 6d.
GUILTY . Aged 44. Confined One Year.
Before Edward Bullock, Esq.
JAMES KNIGHT . I am a painter and glazier. On Saturday, the 28th of June, I went to the Britannia, at Woolwich, between eight and nine o'clock, and slept there in a room by myself—I folded my trowsers up, and put them under my pillow—I had about 27s. or 28s. in half-crowns and shillings, in my pocket, with a bunch of keys and a knife—I know there were two farthings—I cannot sny what other copper there was—I went to bed about eleven—I awoke about five in the morning, and dis-covered my trowsers lying by the door, which was sufficiently open to
allow a person to walk in and out—there was no key to the door, Dai when I went to bed I had placed a table and chair against the door—they were both moved—I found the keys and my knife left, but I was minus the cash—I bad not seen the prisoner that night, nor a person named Heusbury—I had a piece of stained paper in my pocket with which I had been graining tome sideboards—that was still in my pocket—the money, which was afterwards found, was stained with this paper.
WILLIAM SMITH (policeman.) On Sunday morning, the 29th of lint, I took the prisoner from the Britannia public-house, in a room in the first floor, about half-past five o'clock in the morning—he was in bed io a. double-bedded room—I awoke him—he had nothing on but his shirt—I found thirteen shillings, sixpence in coppers, and two farthings, in his clothes—I have kept them separate, and produce them—I sbow them to the prosecutor.
Cross-examined by MS. CLARKSON. Q. I believe you ststed this money was discoloured? A. It was—in fact I thought it Was bad—here are several discoloured shillings.
JOHN ADAMAN (police-sergeant.) In consequence of information, I searched the room where the prisoner slept, at the Britannia, on the 29th of June, and on the floor, near the window, I picked up two halfpence—on opening the window I picked up four half-crowns, and sixpence in silvet, on the stone outside the window—one of them is slightly discoloured.
Cross-examined. Q. Where is Hensbury? A. I saw him in Court just now—I found this money outside the window of the room in which he and the prisoner were sleeping.
CHARLWES HAIL , I am servant at the Britannia. On Saturday, the 28th of June, about a quarter past eleven o'clock, the prisoner and Hensbury came and asked for a bed, and about a quarter before twelve o'clock they came to it—Hensbury said to the prisoner, "Come, pay for this bed"—the prisoner said, "I have no money"—Hensbury gave me 1s., and I took for the bed at 4d. each—they slept in the same bed—I afterwards saw the room in which they slept searched,
JAMES KNIGHT re-examined. This silver is so stained that I can swear to it—there is nothing by which I know it independent of. the stainr—I would not swear to the farthings—it would be impossible fort my money to look like this without being with this paper—directly, I saw the money found I recollected that it was discoloured by the paper—I was quite sober—directly I missed my money I alarmed the I andlord. And sent for a constable.
JOHN ADAMAN re-examined. It was about half an hour after the prisoner was taken that 1 found the money—whether any one else was in the house I cannot tell—Heasbury was also taken into custody' but was discharged by the Magistrate.
NOT GUILTY .
HARRIET STEVENS . I am the wife of Richard Stevens, who keeps tlje Fountain public-house, Broadway, Deptford; the prisoner was in our service seven years as horsekeeper—I have been in the habit of giving him money to pay for eight bushels of bran a day to supply the horses.—that would be 35s. a week—on Saturday, the 28th of June, he came and asked
me for 35s., which I gave him in halfpence and pence—he gave me no account in writing.
WILLIAM GRACE . I am clerk to Mr. Kingsford, of Blackheath-hill. I have been in the habit of supplying the prisoner with bran for his master's horses since the 17th of March, and I used to give him an account in writing for his master—I made out this account from my book; from the 17th of March to the 22nd, the account was 17s. 11 1/2d.; from the 22nd to the 27th, 15s. 10d.; from the 27th to the 5th of April, 19s. 9 1/2d., and so on—the average did not amount to 20s. weekly—the account for the week in which the 28th of June was, was 16s. 6d.
REGINALD WAPSHOT (policeman.) I took the prisoner into custody—I told him what he was charged with—he said he could fully explain it before the Magistrate, that he had been giving the horses balls, which made up the money.
Prisoner's Defence. I used to spend about 6s. a week in balls for the horses; they have had all the money, in balls if not in bran.
GUILTY . Aged 42.—Recommended to mercy.- Confined Three Months.
Before Mr. Common Sergeant,
GUILTY . Aged 25.— Confined Two Months ,
Before Edward Bullock, Esq.
MESSRS. ESPINASSE and HUDDLESTON conducted the Prosecution.
JOSEPH HUOGETT . I keep the King's Head, at Deptford. On the 26th of June a man came to me for some rum—he paid me a 5s. piece—I gave him change—he was dressed as a marine—I could not swear that it was the prisoner, but he was about the same height, and much resembled the prisoner—the 5s. piece was a bad one—I tried to find the person who gave it me, but I could not—I gave it to White, the policeman.
BENJAMIN DAWSON . I keep the King's Arms, in King-street, Deptford. On the 30th of June the prisoner came to my house for half a pint of porter and a pipe—I served him, and he gave me a half-crown—I had my doubts about it, and went to ask my wife's opinion—when I came down again the prisoner was gone—I gave the same half-crown to Delbridge.
JOHN DELBRIDGE . I am a relation of Mr. Dawson's. I was assisting him on the 30th of June—I saw the prisoner come in that evening, and give the half-crown—Mr. Dawson went up stairs with it—while he was gone the prisoner said, "Will you be so kind as to give me the change? I am in a hurry to get into Deptford barracks"—I gave him 2s. 4 1/2d.—Mr. Dawson afterwards gave me the half-crown—I went after the prisoner towards Deptford barracks—I could not find him—I went back again, and found him in the way towards Woolwich barracks—I gave him in charge to Lovell, with the half-crown.
this half-crown from Delbridge—the prisoner said he was not aware it was bad, that he had received it from a servant in the morning—I took him back to the public-house—I found on him three good shillings, two sixpences, and 9d. in coppers, all good, and in his cap tied up in a handkerchief were two bad half-crowns—he said a woman in London gave them to him, and he did not know who she was.
Prisoner. I was going from London to Woolwich, and had them give me.
GUILTY . Aged 39.— Confined Twelve Months.
GUILTY . Aged 40.— Transported for Seven Years ,
MR. PAYNE conducted the Prosecution.
CATHERINE CARMODY . I am the wife of John Ash Carmody. My mother lives as housekeeper to the Hon. Capt. Stopford, at Woolwich—I had a shawl, which I lent to the prisoner about twelve months since—she was then Mrs. Hunt—I afterwards saw the shawl in my mother's possession about twelve months ago, and I left it with her to take care of—the prisoner told me she had returned it to my mother, and the cook and housemaid were there—I did not see it again till I saw it at Mr. Da vis's, it Green-end, where it was pawned for 2s.
Prisoner, I brought it down into the kitchen, intending to send my little girl home, and that morning I wanted 1s., and did take it; you got the duplicate from my girl. Witness. It was better than twelve months after when I saw it at the pawnbroker's—they sent me no duplicate.
DOROTHY HOBBS . I am housekeeper to the Hon. Capt. Stopford; the prisoner was charwoman there. My daughter lent her a shawl—she returned it to me, and said, "That is Mrs. Carmody's shawl"—that must be about twelve months ago—I put it into the house-linen press in the kitchen—I am sure I put it there—it was not in wear, and I put it there—I missed it some months after she returned it—I knew the prisoner by the name of Hunt
Prisoner. You never had it in your hand; you refused to tee me; it was in the nursery, and I brought it down into the kitchen.
Witness. No; I took it from your hand.
MARY WILLBTT . I am in the service of Capt Stopford. I was present when the shawl was returned—I think it was about the end of July, or the beginning of August—Mrs. Hobbs took the shawl from the prisoner, and put it into a drawer of the press in the kitchen—the prisoner said, "You are a witness that I brought home Mrs. Carmody's shawl"—I said, Yes"—the prisoner was employed as a charwoman, off and on, for about two years.
23rd of June, 1844, in the name of Ann Hunt, which was the prisoner's name, and I believe she was the person—I have known her as a customer for some time.
Prisoner. Mrs. Hobbs had the duplicate of my ring and my cloak; she got it from my girl; she tried to set my children against me, and said she would get me transported.
GUILTY . Aged 39.— Confined Four Months.
(There was another indictment against the prisoner.)
Before Mr. Recorder.
MARTHA SMITH . I am servant to Mrs. Mary Ann Sackett; she lives in the Lee-road, leading to Kidbrook, in Kent. On Thursday, the 19th of June, the prisoner Setter came there between four and five o'clock—he said he came to see Mrs. Sackett—she was not at home—he asked my fellow-servant to have a drop of beer—we said we were not in the habit of drinking beer—he then said might he have a drop of water—my fellowservant said she would fetch him a drink—he said never mind, he would fetch it—he went into the back room, and when he came back he said he must be gone—my fellow-servant said, if he would stop, her mistress would ask him to have tea—(he knew my mistress a great many years)—he declined it, and said he must go, and he went, after stopping three or four minutes—before he came I had laid some spoons on a table in the back kitchen about two o'clock—that was the room into which Setter went—I did not miss one of them till the officer brought it on Saturday—no one had an opportunity of taking it between the time that Setter called and the Saturday, for no stranger had come in—my fellowservant had access to that part of the house, but she is not here—there had not been occasion for the spoon to be used between the time that Setter came and the Saturday—after Setter had been gone about a quarter of an hour, Reynolds came to our house—he brought a china ornament which he called a cottage—he asked if my mistress had ordered such a thing—we said not that we knew of—he said he was sure it was there—we said it was not there, perhaps it was next door—he said he had been next door—he never pot in at all, and had no access to our back kitchen.
Cross-examined by MR. PAYNE. Q. Is there a way to the back kitchen without going through the front kitchen? A. Yes, there is a passage—Mrs. Sackett keeps a school—there are no young children—I think the youngest is between four and five years, but there were no children about at that time£I laid this spoon upon the dinner table at one o'clock, and put it in the back kitchen at two o'clock—I had never seen Setter at my mistress's—I had only been there three months—I have heard my mistress say she knew him.
Cross-examined by MR. MELLOR. Q. Had not Reynolds got the cottage in his hand? A. Yes.
COURT. Q. Was there more than one spoon? A. Yes, I put five there altogether, and we missed one on the Saturday—I never count the spoons—we have other spouns, but the spoon that was missing must have
been one of the five that I put in the back kitchen—it is the only spoon ire had that had a name on it—there is no other like it—it has an H on it—I recollect this was one I laid on the table at one o'clock.
JOHN CARPENTER (police-constable R 84.) Between five and six o'clock on Thursday, the 19th of June, I saw Reynolds in the Lee-road, about a quarter of a mile from the prosecutor's premises—I saw Setter join him in less than a minute—I watched them, and followed them about * quarter of a mile—they separated after I had followed them, for ten minutes or a quarter of an hour—I took Reynolds, and directed Eagles, who was with me, to take Setter—on taking Reynolds I said, "What is this you bave in your pocket?"—he said, "Nothing"—I took off his hat and found in it this china cottage—I saw his hand busy in his pocket—I took his trm and said, "What is that you are putting up your sleeve"—I took his arm and took out this spoon, which he was putting up his sleeve—I said, "Whose is this?"—he said, pointing to Setter, who was a hundred and fifty yards off, "It belongs to that young man"—I took Reynolds to the station, and there, in the presence of Setter, I said to Reynolds, "Whose is this, and where did you get it?"—he said, pointing to Setter, "He gave it me"—Setter said, "I know nothing about it."
Cross-examined by MR. MELLOR. Q. Reynolds told you he had the spoon given him by Setter? A. Yes, and said it was his own property—I should have stated, that when I spoke to him I asked him what he was doing on Blackheath—he said, "That young man and I came down from Shoreditch for a walk together"—I think it was their seeing me that induced them to separate—Setter knew me, and he left Reynolds—I did not put my hand in Reynolds's pocket—his hand was in his pocket—I laid hold of his arm, and drew his hand from his trowsers pocket—he was pushing this spoon up his sleeve—seeing the end of the spoon I pushed it out of his sleeve—it was then about half-past five or twenty miaotes to six o'clock—I heard Setter afterwards say he had found the spoon, and given it to Reynolds to take care of.
NOT GUILTY .
GUILTY . Aged 31.— Confined One Year.
GUILTY . Aged 18.— Confined One Month.
Befire Mr. Recorder.
1561. SARAH ANN KING was indicted for stealing, on the 2nd of July, 1 table-cloth, value 4s.; 1 looking-glass and frame, 4s.; 2 cups, 1s.; 4 saucers, 1s.; 2 sheets, 3s.; 1 pillow-case, 3d.; 1 slop-pail, 3s.; 2 curtains, 3s.; and 1 vallance, 1s.; the goods of John Charles Parrott, her master.
JOHN CHARLES PARROTT . I am a surgeon, and live at Clapharn—the prisoner has been in my service nearly three years. On Wednesday last, in consequence of suspicion, I went into her bed-room—she was out at the time—no one was present—I found two boxes in the room—I gent for Moore, the officer—she had then come back, and I charged her with baring property of mine in her boxes—she went up stairs with Moore, who broke open one of her boxes—(when I went up before, one of her boxes were open, and the other nailed down)—a chest of drawers and two packages were examined in her room—among the articles found in her room I identified this table-cloth, a china cup, and looking-glass—I believe she had the use of that glass in her room, but there was another in the room—I also found a linen and a cotton shirt, both clean—the drawers were open—she had charge of linen belonging to the surgery, but the nurse had charge of the house linen—she is not here—these cups, looking-glass, and table-cloth were locked up and concealed—she was going to leave the next week—my page had charge of the china, which was missed from the pantry—he is not here—the nurse did not go into that room—she gave no explanation how the things came there—the cups and saucers were in the box, which was nailed down—her name was on the box—the slop-pail was packed up in a wrapper, and contained some candles and soap, and there was a mattress under the bed wrapped in a drugget—she begged to have her feelings spared, and was willing to be taken into custody—she bad given my wife notice, and she said she was going to be married—she bore an excellent character up to this time.
ROBERT MOORB (policeman.) I was called in—the prosecutor has accurately described the property found—the prisoner seemed agitated, and said she had much rather be taken away to spare her feelings, than kept any longer.
GUILTY . Aged 31.—Strongly recommended to mercy by the Prosecutor and Jury.— Confined One Month.
Before Mr. Baron Alderson,
GUILTY . Aged 11.— Confined One Year.
Before Mr. Justice Williams.
HENRY HARD (police-constable V 88.) On the 23rd of June I was at Hernebolt-pier, Putney, about half-past seven o'clock—there was a crowd of persons looking about at different things—I saw the two prisoners close together—I did not know them before—they were dodging about round the crowd, which drew my attention—I observed them for about twenty minutes—at last I saw Gayner put his hand into Mr. Boxall's pocket behind, and take a handkerchief out—M'Leod was joining him at the time—Gayner's back was across his breast—Gayner slipped the handkerchief between them, and as M'Leod was in the act of putting it into his pocket I took it from his hand, and said I should take them both prisoners—they said, "What for?"—this is the handkerchief.
Gayner, Every word he has said is false.
M'Leod, I told him I had come down to look after a few shillings which were owing to me. Witness, He did not.
JAMES PBTER BOXALL . I am a grocer, at Stratford. I was staying at Putney at this time—there was a regatta going on, and a great many persons were at the water side looking at it—I did not see the prisoners, or feel the handkerchief go from my pocket—the constable spoke to me—I turned round, and he had my handkerchief in bis hand, and the prisoners in custody—I felt in my pocket, and missed my handkerchief—this is it.
Gayner. Q. How can you swear to it? A., By the pattern—there is no mark on it—I can swear I had one of this pattern in my pocket at that time, and missed it directly.
Gayner's Defence, This is not a clear got up case, for there is nobody but the policeman to give evidence against us; the prosecutor has no mark on the handkerchief; there are plenty of the same pattern; I think it is very hard the policeman alone should be able to convict us
M'Lead's Defence. I know nothing about the handkerchief; I wtnt down to Mortlake for some money, and as I came back I stopped to see what was going on; I get my living by hard work.
M'LEOD— GUILTY . Aged 22.
GAYNER— GUILTY . Aged 20.
✗ Confined Twelve Months.
Before Mr. Baron Aldersonm
MR. E. PLATT conducted the Prosecution,
JOHN HUGHES (police-constable L 170.) On Monday morning, the 17th of June, I was at the Marsh-gate, Lambeth, about twenty-five minutes before six o'clock—I saw the prisoner and the deceased quarrelling at the corner of the Upper Marsh-gate, in the road—I cannot say what it was about—I heard the prisoners threatening—they were both excited by liquor—they had come out of a public-house—I had seen the deceased come from the back door—the waterman was taking him home—the prisoner came out at the front door, and they saw each other again.
JHON WILLIS . I am a sawyer, and live in Cornwall-road. I was with the deceased, Thomas Boxall, at half-past five o'clock on Monday morning, at the Rose in the Westminster-road—while there four females came in, two with a sailor, and two with the prisoner, who goes by the name of the cabman—one of the females struck the prisoner with a key, and he went to retaliate, when the deceased said, "You are no man to strike a woman"—the prisoner then turned round to Boxall and said, "Can you fight?"—he said, "Yes I can, quite sufficient for you"—the prisoner up with his fist and hit Boxall in the head—Boxall retaliated the blow, and they both fell—neither of them were sober, or else it would not have happened—they both got up and had another round—the prisoner butted the deceased with his head at the lower part of his belly, and struck him about the body with his head and fists too—it was below the waist—Boxall fell in consequence of those blows—I went and picked him up, and persuaded him to keep away—he would not, but turned round upon me and gave me a violent blow on my arm for preventing him from fighting—they fought
again, and the prisoner again butted Boxall with his head, and hit him with his fists on the lower part of the belly—Boxall fell and groaned—I asked him to get up—he said he could not—I said, "Try"—he said he was hurt—I asked where—he said at the lower part of his belly—I said "Get up, Boxall"—he said, "I cannot"—we lifted him up and took him home.
Cross-examined by MR. BALLANTINE. Q. Had you been up the whole of the night drinking? A. Yes, in company with Boxall—he was a shopmate of mine—they only fought once—after Boxall struck me he went on again immediately—I do not know whether the landlord was preseat at this time—Edwards was gone after a policeman—the prisoner ran at Boxall with his head down, and hit him with his fists at the same time—I had been drinking what we call four half-and-half—we had had a glass or two of gin—he only butted once each round—when I saw it I tried to take Boxall away—I did not say anything to the prisoner, to my knowledge—he was a complete stranger to me—I knew it was very unfair fighting—I did not see him prepare to butt the second time till I saw him go in, and then I could not stop him—it was out of my power after receiving the blow—the prisoner waa not, that I know of, endeavouring to get away froa Boxall after the first encounter—I did not see him endeavour to get away, and Boxall follow and prevent him—that I swear—the fight waa in the public-bouse.
Q. Did not the prisoner go out at the front door, and did not Boxall go out at the back and follow him? A. No, not during tlte fight—Boxall was carried out at the back door—I swear I did not see him walk out.
HENRY EDWARDS . I am a waterman, and live in the New-cut. On the Monday morning in question, about five o'clock, I was at the Rose public-house—when I went in the prisoner and Boxall were having a wrangle about a pot of beer—I went in again just about six o'clock, and saw them standing up to fight—a blow was struck by each, and both fell—I went outside to fetch a policeman in, as the landlord told me, and as I was coming in again I met the prisoner coming out with his face all over blood—he went to one of my pails to wash his face—I went inside to Boxall, and he said there was something the matter with his inside, he felt very hurt—he was standing at the bar at the time—that was after the fight—I saw nothing more of it.
Cross-examined. Q. Do you remember the women coming in? A. Yes—the wrangle commenced at that time—then they were stopped—no blows were struck then—it was nearly an hour afterwards before any blows were struck—after the first blow was struck I separated Boxall, and took him out the back way, and the prisoner went out at the same time the front way—he went as if he was going away from Boxall altogether—Boxall stood in the Marsh—I persuaded him to go home—he said he should not, he should go back to the house again, which he did—I was there about ten minutes, and the prisoner went in again afterwards—I cannot say who began it on the second occasion—I heard the wrangling, but did not see them fight again—there was no butting the first time.
JOHN DAWSON . I am the landlord of the public-house—I saw the men wrangling together about five o'clock in the morning—I did not see the fight—I was asleep—I only saw them struggling on the ground—we keep the house open for the accommodation of cabmen—we have a change put on from half-past twelve till half-past four o'clock.
SARAH BOXALL . I am the widow of the deceased—he was twenty-five years old—his name was Thomas Boxall—I recollect his coming home—he complained very much—he was taken to a surgeon's and bled, and then taken to the hospital.
Cross-examined. Q. I believe since this unhappy transaction the prisoner has called or sent to you? A. Not in the least—I have not heard from him and do not wish to hear—I only wish for justice.
COURT. Q. What time did your husband go out? A. About eight o'clock—he then came home and went out again about ten o'clock, and about six o'clock in the morning I was called up, and found him at the public-house very bad indeed, and groaning very much.
JOHN CALTHROP COULTON . I am a surgeon of Guy's Hospital—Boxall was brought there about two o'clock and complained of violent pain in the lower part of the abdomen, and inability to pass his urine—I had him taken to bed—Mr. Cooper happened to be in the ward at the same time, and attended to him—a small quantity of water was passed off—he bad great pain and inflammation of the stomach—leeches and fomentations were applied—he died on the following Saturday, about ten minutes to eleven o'clock—I opened the body after death—there was a rupture or fissure of about half an inch in the bladder—that was the cause of death—only ft violent blow or some external violence would produce that—blows with the head or fists upon the abdomen would possibly produce it, if the bladder was distended at the time—I do not think struggling would cause it—a rapture is not of frequent occurrence except from external violence and sudden injury.
Cross-examined. Q. Might it not be produced by retention of the urine alone? A. Not without the bladder was diseased—I think from its appearance it was not diseased—I never knew an instance of rupture of the bladder from retention of urine, without the bladder having been previously diseased—the urethra is sometimes ruptured—if a person had been drinking all night and the bladder were distended with urine a sudden fall might, perhaps, produce a rupture—he lived three or four days after the rupture—that is not unusual—some live seven or eight days—it is generally so—I examined his person—I found no blows about him—the lower part of the abdomen was not at all bruised—it is not a part that would discolour very quickly from a violent blow—it does not frequently discolour from external violence.
COURT. Q. I believe a cart might even go over that part of the body without leaving any external appearance? A. It might, on account of the elasticity of the part.
MR. PLATT. Q. If this rupture had been from a fall must it not have been one of very considerable violence? A. It must, not A simple fall, but from a great height I should tbink.
COURT. Q. If you heard of butting and two blows, and an immediate complaint made, would you attribute the rupture to that cause? A. Yes, from the symptoms he had I think I should—I examined the bladder itself—there was no bruise upon it except round the orifice of the fissure, only a little ecchymose—lhat induced me to think external violence had been applied there—the rupture itself would occasion the ecchymosed appearance round the wound—I do not know whether it would have presented the same appearance had it been ruptured by a struggle—I cannot say exactly whether it would or not—it certainly had the appearance of external
violence from the sudden fissure, the manner in which it was torn, ami the nature of the wound—the rupture was in the posterior part of the bladder, on the left side.
Witnesses for the Defence.
ALFRED DUCKETT . I am a printer—I was at the Rose public-house on the morning in question, about half-past three o'clock, and saw the squabble between the prisoner and deceased—it commenced about half-past four o'clock—there was a blow given by the deceased about five o'clock, while the prisoner was taking off his coat to fight—they were then separated—the prisoner did not strike or butt at all then—he was afterwards put out at the front door, and the deceased was taken to the back—shortly afterwards they returned—the prisoner was in a side box and the deceased in front of the bar—a man that was with the deceased came into the side box, caught hold of the prisoner by the collar in a threatening manner, and pulled him into the front of the bar, and a fight instantly took place between the prisoner and the deceased—several blows were struck by them, generally in the head and breast—they had several falls—the prisoner had one knock down blow by the deceased—I did not notice that the deceased had any knock down blow—he fell several times in the struggle—I did not see any butting or any blows on the belly—I saw all that passed till the deceased was taken home.
MR. PLATT. Q. Do you mean that you looked on during the whole of the fight, the second time? A. I did—the falls were rather violent the first round, because they were both heavy men—the blows were struck with the hands alone, about the head and chest—I did not see one struck lower—I do not think there could have been one struck lower down without my seeing it—I did not see any butting whatever—I positively swear I was there while the fight took place, and saw the whole of it—I did not see the prisoner butt with his head in the deceased's belly, nor strike him there with his fist—I saw no blow struck lower than the navel—I cannot say within an inch or a few inches—I am no relation of the prisoner's—I had been drinking slightly that night—I had about three pints of half-and-half, but only partook of part of it—I had a glass of shrub and water, and I think one glass of gin—nothing more—I cannot say exactly what I might have drunk, but I can positively say I was sober.
COURT. Q. How many persons were there about this fight? A. There might have been twelve in the bar—they were not all standing round, perhaps about six were—others were standing against the bar—it is not a very large room.
JOHN SHAW . I am a carman. I went to the public-house on the Monday morning, to have some refreshment, as I was going to my labour—I had been there about twenty minutes, when the fight began—I did not see the deceased taken home—I left before that—I saw the prisoner on the ground the last time, not the deceased—I saw about four rounds—they had three or four heavy falls between them—I did not see the prisoner run and butt at the deceased with his head—I think I should have seen it if it had occurred—there were several people about—I saw them have a fall or two, each knocked the other down—the deceased struck the prisoner down against the wainscot once—they went down every time—the prisoner gave in at the latter end of the fight, and said he would not fight any more—the deceased stood over him, and wanted to renew the
contest, and he would have done so if the prisoner had got up, but he said be would give in—I knew the deceased for sixteen or seventeen years, but never saw the prisoner before that morning.
MR. PLATT. Q. Did you see all the fight? A. Yes—I saw a friend of the deceased awake the prisoner out of his sleep, and aggravate him to fight—I was there at half-past four at first—they both stood up, and had four or five rounds—I saw the whole of it.
(The prisoner received an excellent character.)
GUILTY.—Strongly recommended to mercy.
Confined One Month, Solitary.
Before Edward Bullock, Esq.
THOMAS COTES. I am a draper, and live in High-street, Norwood. On Saturday evening, the 5th of July, I was taking in some goods at my door—I had taken some in, and was returning, for the rest—I saw the prisoner by the side of the door, just outside—I saw him take something, I do not know what—I went after him—when he had got about twenty yards, he turned down a place where there was no thoroughfare—I followed him, and saw him throw a pair of trowsers over a wall—I attempted to take him, and he struck me a tremendous blow on the face—I still followed him, crying, "Stop thief—he turned round, and three times attempted to kick me in the * * * *—he struck me, got away, and ran into the road—I followed, calling, "Stop thief"—he went down into some gardens—I followed him at least half a mile—he was then stopped by another man—we took him along till we got to a gate—he then turned round and struck the man that tried to stop him a tremendous blow—he then caught hold of me by the hair of my head, and held me about five minutes, and pulled it out by the roots—another person came to my assistance, and told me to hold him, which I did, and he struck me again on the side of the nose—he was at last secured by three of us, and given in charge to a policeman—I went to the spot where I had seen him throw the trowsers, and found them lying in the corner—these now produced are them—I can swear they are my property, by my private mark on them—they had been hanging at my door.
Prisoner's Defence. I am innocent of the crime.
GUILTY .** Aged 22.— Transported for Seven Years.
Before Mr. Baron Parke.
1566. BERNARD GRAHAM was indicted for unlawfully obtaining from Thomas Maire, by false pretences, 1 10l., and 3 5l. notes, 10 sovereigns, and 10 half-sovereigns, with intent to cheat and defraud him thereof.—Three other COUNTS, varying the manner of stating the charge.
MESSRS. BALLANTINE and WILDE conducted the Prosecution.
GEORGE IVE CORNER . I have known the defendant nine or ten years—when I first knew him he kept a broker's shop—after that he acted for me in a professional way, as an attorney—I had a suit, and he defended it.
Q. What, in his own name? A. 1 knew no other name—he undertook
the defence—I never saw anybody but himself in the matter—I consulted him in everything. In the beginning of Oct., 1840, he told me that a Mr. Baskett wanted to borrow some money on a mortgage, and he would give a bill of 8 per cent. for it—I said I could not consent to it myself without consulting Mr. Maire—I had not introduced him to Mr. Maire then—I do not think Mr. Maire knew that I knew him—Mr. Maire and I had a joint interest in a sum of 400l. in the 3 per cent. reduced—I consulted with Mr. Maire, and ultimately agreed to let him have the money—the stock did not fetch 360l. not by 17l. I think—before I had ascertained what it would realize, the defendant and I had made an agreement that it was to be taken at 360l., whatever it realized—the stock was to be sold out, and whatever it fetched, they were to take it at 360l.—I paid the money to Graham—before I did so he told me Mr. Baskett wanted 400l.—I had no communication with Mr. Baskett throughout—I was to hare a mortgage as security, on some property at Newington-causeway, for four years at 5 per cent.—no deed was was shown to me before I advanced the money—the deed was signed on the 3rd of Nov., and I believe four or five days afterwards Graham showed me the deed—I saw it was Baskett's mortgage.
EDWARD HICKINBOTHAM. I am clerk to Mr. Palmer, the attorney for the prosecution—I served both these notices on the days they bear date-that dated the 4th of July, on Mr. Graham's daughter Charlotte, and the other dated the 10th of July, on Mr. Graham's wife—I also served a copy of the latter one on Mr. Jarvis, the attorney for the defence. (The notices were to produce a mortgage deed dated on or about the 3rd of Nov., 1840, together with other documents.)
MR. CORNER. When I saw the deed I left it with the defendant—I have never seen it since.
Cross-examined by MR. PAYNE. Q. Was not the deed delivered up to you by a person named Bouskell? A. Never—I do not know such a person (Bouskell called in)—I never saw that man until three weeks or a fortnight ago—I was shown him at Vauxhall.
THOMAS BOUSKELL (called, and examined by MR. PAYNE.) I hare occasionally been employed by Mr. Warren—Mr. Graham is his clerk—I remember seeing a mortgage deed in Mr. Warren's office, about the latter end of the year 1840—I have seen Mr. Corner several times—I saw that mortgage deed given to him by Mr. Graham, at the latter end of 1840, at No. 2, Pownall-terrace, Kennington-cross—that is the house Mr. Graham has, but it is the office of Mr. Warren—Graham lived there, and Mr. Warren carried on his business there—Graham assisted Mr. Warren—Mr. Corner took the deed away with him—something passed about some money at the time—I think Lusk was present—I know he was there part of the time, but whether he was there at the time the deed was given I do not know.
MR. BALLANTINE. Q. This office of Mr. Albert Warren's has Mr. Graham's name outside, has it not? A. Graham's name is on the door—Mr. W'arren's name is not—I am a clerk, not to an attorney—I was a clerk—I am out of employ at present—I was in employ up to about three weeks ago, for my landlord, Mr. Chaplin, of No. 128, Vauxhall-walk—he is a bonnet-blocker and dyer—I went to Mr. Warren's to get a mortgage done, where I was confidentially employed as clerk by a person named Gunster, a builder—I called several
times to make application about a mortgage—I was there merely by accident.
COURT. Q. What day was this? A. At the latter end of 1840, or the beginning of 1841—I do not know the month—it was to redeem another mortgage—the mortgage was run out, I wanted to get a renewal of it, at least, to pay the old mortgage off—it ran out in Dec., 1840.
MR. BALLANTINE. Q. You went to consult Mr. Albert Warren about it? A. I went to see Mr. Graham—I have seen Mr. Warren—I knew him previously, to live in Middle-row, Holborn—I knew Graham to be his clerk—he had been so for some time before—I was never a witness for Graham before, nor for Mr. Warren, or for Mr. Moody Hill—I have seen Mr. Moody Hill, but was never employed by him.
COURT. Q. Did you see Mr. Corner go out of the office? A. Yes—he carried the deed in his hand—it was a good size—I saw the words "Mortgage, deed" written on the outside—I did not take particular notice who the deed was from, but I think it was from Baskett or something—I did not look at it minutely, it was no business of mine.
ARTHUR JOHN LUSK . I am clerk and book-keeper to Messrs. Hallet and Son, wholesale slop-sellers. I was in Mr. Warren's office for some time—I used to copy for him—I have frequently seen Mr. Corner and Mr. Graham together there.
Q. Do you remember, on any occasion, seeing any deed given to Mr. Corner? A. I have seen a kind of large tin case—that was four or five years ago—I saw Mr. Corner with the case—I cannot say that I saw a deed given to Mr. Corner—I do not recollect Mr. Bouskell there at any time—I was there at the latter end of 1840—I cannot say that I have ever seen Bouskell at Mr. Warren's office—I have seen a great many people there.
MR. BALLANTINE to MR. CORNER. Q., You have heard the witness say that in 1840, or about that time, you were at Mr. Graham's house, and a deed was delivered to you with the words "Mortgage deed" written on the back? A. It is no such thing—I never saw one of the parties there at all—there was nobody but Mr. Graham and myself in the office—I was there about that time—the deed was not delivered up to me at any time—The first half-year's interest became due on the 3rd of May, 1841—I had no communication with Mr. Maire on the subject—I did not see him for two or three years after the interest became due—I under-stood from Graham that 40l. had been advanced by Mr. Maire besides the 360l.—I understood that the whole 400l. had been advanced—I prepared a receipt for the half-year's interest—I have not got it—Graham took it—he paid me 8l.—I expected 10l.—he said Mr. Baskett was very short of money, and could not pay but 8l.—the next half-year's interest became due on the 3rd of Nov.—some time after that I applied to Graham for it—I only received 8l. again—he gave me the same reason as before, that Mr. Baskett was very short of money, being building—I did not receive any more money before I heard of his death—about twelve months after I received the last, I went to find Mr. Baskett, and heard he was dead and buried—I went to his son-in-law's, on Cambetwell-green—that was in 1843, I think—I then made application to the executor, Mr. Thomas—I have never been paid the 360l. or 400l. so advanced—I have received some of the interest from Mr. Thomas since Mr. Baskett's death—from that time to the present I have never seen the mortgage deed—after hearing
of Mr. Baskett's death I gave notice of calling in the money—my wife did, merely to Mrs. Thomas—Graham wrote the notice for me to copy off—this is it—(produced)—it is Graham's own handwriting—(This was a notice requiring payment from Baskett's executors of the principal and interest due on the mortgage, but the amount of the mortgage was noi mentioned.)
Cross-examined by MR. PAYNR Q. What are you? A. Independent—at the time I first knew Graham I was a brickmaker—before that I was a hair-dresser—Mr. Maire and myself were executors of a Mrs. Boddy—she was not out of her mind that I know of—I was not obliged to hold her down, I swear that—I never held her down—I did nothing at all to her—she was not placed under any restraint.
Q. Did you and Mr. Maire sell out 1184l. of this old lady's property, and divide it among yourselves? A. I do not know what you mean—how can I tell what I sold out, when you have got all my papers—we were joint executors—we had a right to do so, whatever it was—we divided it between us both—that did not make me independent—I was independent before that—I got my money by being industrious in business—I am not very much embarrassed at the present moment—nobody has got a bill of sale on my property, nor ever had—not Mr. Drummond, or anybody else—I do not owe Mr. Drummond 1200l., nor yet twelve farthings—I had known Mr. Baskett twenty years—I did not agree at first to lend him 120l. to pay off an old mortgage—I cannot say whether I know his writing or not—(looking at a paper)—no, I do not know his writing, nor anything at all about this paper—I once sold him a load or two of laths—I never saw him write—he wanted 400l.—it was agreed that he should have it, by Mr. Maire sanctioning it—he let him have 40l. out of his own pocket—the money was lent jointly between me and Mr. Maire—I never saw the deed—Mr. Maire was to lend the 40l. to Mr. Baskett—I had money—I never inquired into the nature of the property upon which the mortgage was to be raised—I did not communicate personally with Mr. Baskett, and did not ascertain from him what the property was before I advanced the money—I did not know where it was—I only knew it was in the Causeway—Mr. Maire left it all to me, and I trusted to Graham—I do not know that 120l. was first advanced to Baskett to take up another mortgage—it was all sold out at one time, and all paid to Graham at one time—the mortgage deed was not prepared for Mr. Baskett by Mr. Hill, of Mark-lane—I do not know Mr. Hill—I cannot say who wrote it—I do know Mr. Hill, but I did not know him at that time—(looking at a paper)—the signature to this is my handwriting, and this is also my writing addressed to Mr. Hill—that was in 1842—I first became acquainted with Mr. Hill in 1842—I employed him to carry on au ejectment—I did not write my name to the mortgage deed, nor sign a receipt for the money—it was not my place to execute the deed—I do not know what covenant there is, because I never read it—I did not sign a deed containing a covenant to allow redemption—I did not sign the deed at all—I do not believe I ever touched it—I will swear I did not sign it—I swear I have not received the 40l. that was given by Mr. Maire to make up the 400l.—I might very likely have called on the defendant at the latter end of 1840.
Q. Did you see him at Mr. Warren's office in Pownal-terrace, and say, "Well, Graham, what have you done; what about the 40l.?" A. Never, nor anything to that effect; nor did he say, I told you you would not get
any leave and license, therefore let the matter stand as it is"—I never heard a word of the kind—I did not say, "What is to be done with the money?" or words to that effect—nor did Graham say, "I will give it you back again, you may do as you like, but I would not advise you to part with it until Baskett has obtained leave and license"—he did not then hand over to me the 40l., nor did I put it into my pocket and go away—I might have been in Mr. Warren's office in June or July, 1841—I did not say to Graham that I had called in consequence of a letter I had received from him, and hoped the 40l. was not wanted immediately, for I had been obliged to break into the money, nor anything to that effect—I did not, about July, 1841, receive a letter from Graham, inclosing a copy of a letter from Mr. Baskett about the 40l.—that I swear—I never had a letter to that effect, or anything like it—I never asked Graham whether he had got the leave and licence—I do not understand what leave and licence means—I swear I do not know whether I lent my money on leasehold or freehold property—I did not inquire—I knew Baskett twenty years ago—I never heard Graham advise me not to part with the 40l. till I got the leave and licence—I did not express myself pleased that I had not to pay the 40l., nor did I treat Graham and Bouskell with something to drink at a public-house—Graham did not tell me that Baskett ought to hate leave and licence before the mortgage was made—I did not say that I would trust to Baskett's statement that he would get it, when his landlord, Captain Spieer, came to town, and 1 would advance the money—I paid the money without inquiry I just passed it over to Graham—I paid the 860l.—it was short about 17l.—I paid it myself to Graham in his office, about the middle of Oct., I think about the 16th—I do not think there was anybody else there besides me and Graham—Baskett. Graham, and myself, did not have an interview together on the subject of the 40l.—Graham did not, in my presence, ask Baskett whether he had got leave and licence from the landlord; nor did I hear Baskett reply that he had not had time to go about it, he was so busy with the houses and workmen.
Q. Did he not say he should get it the first time he had an opportunity? A. I never heard a word about a licence at all—I did not say, "Very well, as soon as you can get it send it to Graham, and then I will come down with the 40l."—I never saw the 40l.—I did not say that in the office in the autumn of 1841—it did not occur at the same time I spoke of the solvency of a person named Beasley—I first discovered that the 40l. had not been paid to Baskett, by Mr. Maire calling at my house—I discovered it from Mr. Thomas—it must have been at the beginning of May, 1844—I took no steps against Graham—I appeared as a witness against him at Bow-street I think four months ago—I do not know that he was allowed to go away on his promise to come again—I think he was held to bail—I think that was the first time—he came again—I do not know what promise he made—I do not know whether he was allowed to on his own recognizance on the second occasion—he was at liberty—it was not a month before the Magistrate decided on sending him for trial—it was at the third hearing—I think the hearings were three Fridays running—I believe I have been a witness once before—I went down as a witness to Kingston or Guildford, I cannot tell which—it was to the assizes—my father was one of the parties to the suit, and my brother the other—the case was stopped by the judge—I do not know his name—I cannot tell what year it was in—Sir
Jas. Allan Park did not reprimand me several times—I was not ed out of court when I had given my evidence—nothing of the sort occurred—I was not hissed and hooted out of court for the evidence I had given—the case was stopped by the jury and two counsel—I was not asked twenty words—it must have been seven or eight years ago I should think—I cannot tell whether the trial was at Guildford or Kingston—I know Guildfoid well—I cannot tell how long I have known Graham.
Q. Do not you know he was at one time clerk to Mr. Hill? A. I went to Mr. Hill by his request—he managed the ejectment—Mr. Babington was not the attorney—I wrote to Mr. Hill, and was referred to Mr. Graham.
MR. BALLANTINE. Q. Was it Graham introduced you to Mr. Hill? A. He told me to write Mr. Hill a letter on the subject—I knew nothing of Mr. Hill before—on that occasion I entrusted a variety of deeds to Graham to carry out the ejectment, and 1 have never had those deeds again—Mr. Jarvis is bringing an action against me upon that very property—I did not institute these proceedings—I am here on subpoena—I was in Surrey ns a witness for my own father—the matter was settled by counsel.
THOMAS MAIRE . I am a tailor, and live in Fountain-court, Strand—I have lived there forty-four years—I agreed to advance some money to a person named Baskett—I had money in the funds at the time—400l. stock was sold out by my direction—it realized 360l. in the 3 1/2 per cent., I think—that business was done by consent of Mr. Corner and myself—I left it to Mr. Corner to arrange—after the money was sold out I received this letter by the post—upon that I sent 40l. by Valentine Gay, and sent these written directions with it—this is a copy of it, which I kept—I sent the other—I sent a copy of this by Gay—this is the letter (produced by Mr. Payne pursuant to notice.)—(read—"16th Nov., 1840—Dear Sir,—I cannot possibly call this morning, but have inclosed the 40l. agreeably to your wish; I am much obliged by your letter, and as soon is business will permit, you may expect me, &c") this acknowledgment was brought to me by Gay—I do not exactly recollect what I paid the 40l. in—there were notes and cash—I did not make any entry of it—I am certain there were sovereigns—it was my own money, independent of any joint transaction between myself and Mr. Corner—I have never been paid arry part of that money back, nor any part of the other—I have never seen the deed.
Cross-examined by MR. PAYNE. Q. Did you take that paper which you say is a copy of what you sent, out of your iron chest? A. I did—I made the copy at the time I sent the original—I could not recollect to the moment—about that time—there is a date on it—I produced that paper when I was before the Justice—I believe it was used as part of my evidence then—it was marked "B."—I believe this is a copy of that letter which I sent to him with the 40l.—I made it about the time, and put it into the iron chest—I never applied for any interest, I left it all in the hands of Mr. Corner.
VALENTINE GAY . I am a tailor. I was in the service of Mr. Maire in 1840—I went by his direction to No. 2, Pownall-terrace, Kennington-cross—I took a paper with me—I saw it written, and can speak to the best of my belief as to the effect of it—I think this letter is Mr. Maire's handwriting—I believe this to be it—I asked if Mr. Graham was within—I
cannot be certain whether he opened the door or not, but I immediately saw him on entering the house—I went into the office, and saw him and a man I suppose was a clerk—I told Graham I had brought that letter from Mr. Maire, requested he would open it, and give me an acknowledgment for the money I had brought to complete a mortgage—I did not mention the amount of the mortgage—I know the 40l. was to complete the mortgage—I said, "This completes the 400l., Mr. Graham"—he asked me if I required an acknowledgment for it—I said, "Yes, certainly," upon which his clerk, or man there, acting as clerk, wrote an acknow-ledgment for it, and Mr. Graham signed it—this is the acknowledgment so written.
COURT. Q. What day was this? A. I think on the 16th of Nov., 1840.
MR. BALLANTINE. Q. When you went in did Graham say anything to you? A. When I said I had come from Mr. Maire, he said, "Then you have brought me 40l.—I said, "Yes, this completes the 40l. Mr. Graham"—I will not be positive that a letter which Mr. Maire had received was mentioned—I had very little conversation with him, I believe, and to no particular purpose.
MR. MAIRE re-examined. Q. Was there any verbal communication between you and Mr. Graham about the 40l.? A. Yes, and Mr. Corner was present—previous to his writing to me for the money, I was with Graham, and told Mr. Corner I would find the 40l. to make the 400l.—we three were together—Graham added he could get 8 per cent.
VALENTINE GAY re-examined. This letter is in the same handwriting as the acknowledgment I received—I saw the clerk write it—I looked over him—I gave the money into Mr. Graham's hands—I think there was about 10l. in gold, the rest in notes.
(This letter (No. 1) referred to other business, and added:—"I wish to see you with 40l. in your pocket, to make up the sum of 400l., the deed haying been executed nearly a fortnight, and all the money paid to the borrower, minus that 40l." The acknowledgment was as follows;—"Sir, I acknowledge the receipt of the money mentioned in your letter, namely 40l. Yours, &c, B. GRAHAM.")
Cross-examined by MR. PAYNE. Q. How did you carry the money? A. Enclosed in the letter—it was sealed—I will swear there were sovereigns in it—there might be about 5l. in gold—I will swear Graham was there himself—the money was not received by a clerk, Mr. Graham being oat—I live at No. 9, Mount-Row, City-road—I am a master-tailor, and conduct business for my brother—I did not push the letter towards the clerk at the desk, and tell him to read it.
JOHN THOMAS . I have been acting as one of the executors for the late Mr. Baskett. I was present at his death in June, 1842—I was toom afterwards applied to by Graham for 9l. as half a year's interest due on the mortgage—I do not think he said how much he applied for the interest on, and I did not ask the question—he did not speak to me about the mortgage deed for some time after—he did not come and give me any advice on the subject—here are the receipts Graham gave me—(these win dated 16th Sept. and 19th Nov. each for 9l., as half a year's interest on mortgage)—I received a bill of costs for effecting the mortgage—not from Graham—I paid the amount of it to him—this is the receipt:—(This was dated 11th Nov., 1843, for 15l. 1s. 4d., the amount of bill and costs for
preparing mortgage deed. (Signed) B. GRAHAM for J. MOODY HILL)—paid him 7l. 10s. commission—this is the receipt he gave for that—(read—"Received 14th Dec, 1844, of Mr. Thomas, 7l. 4s. being a comruission of two per cent. on 360l. obtained for Mr. Baskett. B. GRAHAM.")
Cross-examined by MR. PAYNE. Q. Do you know Captain Spicer? A. Yes, he is the landlord of Baskett—I know the property on which the mortgage was made—it is leasehold—I do not know whether a licence is required before it can be parted with—I know Mr. Baskett's writing—(looking at some papers)—this is Mr. Baskett's writing, and this also, and I consider the signature to this, but not the body—I never saw the mortgage deed—after Mr. Corner applied to me for the interest I applied to Mr. Graham for the deed, and he told me had not got it.
MR. BALLANTINE. Q. Is that all he told you about it? A. No, he said Mr. Corner had got it, he had not—he asked me if I intended paying the money—I said, yes, we were quite prepared to do so when the mortgage deed was forthcoming—I had received notice that we were required to pay it—I have not paid the 360l. yet—we are quite prepared to do to—I was examined before the Magistrate.
ROBERT DRUMMOND . I am a poulterer at Vauxhall. I know the defendant—I am an acquaintance of Mr. Corner—in Feb. last I saw Graham in company with an individual, and I asked him the amount of this mortgage deed—he told me 360l.—on another occasion I met him at the Bridgehouse-tavern, Vauxhall—I told him I had seen Mr. Corner, and in order that Mr. Corner should not be disgraced, I would make him a present of 40l. if he would give up the documents belonging to Mr. Corner—he said that they must open their mouths wider.
Cross-examined by MR. PARRY. Q. Were you examined before the Magistrate? A. I was there on the first occasion, but was not examined, or bound over to appear here—I think it was in Feb. this year that I saw the defendant—this indictment was not then pending—nobody sent me to him—I went of my own accord—it was not exactly a matter of curiosity to me, but knowing Mr. Graham, and knowing Mr. Corner, and being men of family, I wished to see them both out of difficulty.
Q. How came you to say Mr. Corner would make him a present of 40l.? A. Because Mr. Graham had desired me to go to Mr. Corner and ask him what he would give—the documents were a mortgage deed between Baskett and Maire, certain documents relative to Mrs. Boddy, and the papen relative to passing the legacy duty at Somerset-house on Mrs. Boddy's will—I mentioned those papers to Mr. Graham and the amount—a person named Monk was present—I have lived at the foot of Vauxhall-bridge twenty-two years—I have had transactions with Mr. Corner within the last twelve months—I was not sent by him to Graham—I have securities on Corner's land for myself and my father—not a bill of sale—the whole of the money we have laid out on Mr. Corner's land I think would exceed 1000l.—Mr. Corner owes me nothing, until defalcation takes place with other individuals—I was not examined about these documents before the Magistrate—I have stated what I now say, to all Mr. Graham's friends, and to Mr. Graham himself—I have mentioned it to Mr. Shenton who is here, to Mr. Tero, and almost everybody connected with him—I mentioned to them all I have stated to day, every circumstance, as far as I recollect.
MR. BALLANTINE. Q. Did Graham see you before the Magistrate?
A. Yes—I put the question to Graham what the amount of the mortgage was—he said 360l.—I said, "You know, Graham, we are not afraid of you. I have paid the whole legacy duty on Boddy's estate, you have the deeds, why do you not give them up? I know of the 360l.; the 40l. belongs to Mr. Maire, and you will be a silly man to get into difficulty with Mr. Maire about this matter: what have you done with the 40l. I you know I have seen the receipts for the interest of 360l., what has become of the 40l., Mr. Maire's money?"—he said, "Oh, go to Corner, ask him who has got the 40l."—I went to Mr. Corner, and challenged him with having it—he denied it—that was not the time it was agreed I was to ask the amount they would give to produce the deeds.
AUGUSTUS FREDERICK MONK . I was present at a conversation between Drummond, Corner, and Graham about this money—I heard Drummond ask Graham respecting a mortgage, and Graham said it was 360l.—Drummond said, "What about the 40l.?"—Graham made answer, "You must ask Mr. Corner about that"—that was pretty nearly all.
Cross-examined by MR. PAYNE. Q. What are you? A. A dealer in furniture—I was before the Magistrate at Bow-street, but did not give any evidence—I cannot tell the precise time when I first told anybody about this conversation—I believe it was about Feb.—I spoke to a person named Norval, who is a master gardener, I believe—I did not tell Mr. Maire anything about it.
Q. How came you to go? A. Being acquainted with Mr. Graham, owing to an execution I had to put into a house for him, and having understood there was some unpleasantness, I wished to make peace—I did not go to try to make out a case—Drummond did not take me there—I did not go witb Drummond—Mr. Graham called at my house, we were walking together, and met Mr. Drummond coming out of his house—I had not asked about the amount of the mortgage before Drummond did—Drummond asked him in my presence.
(An affidavit made by the defendant at the last Sessions to postpone his trial was here put in and read, in which he described himself as the clerk to Mr. Warren, attorney and solicitor.)
(Witnessesfor the Defence.)
ARTHUR JOHN LUSK . I am managing clerk and book-keeper to Hallett and Son, wholesale slop-sellers, Shadwell. I was in the employ of Mr. Warren, a solicitor, as clerk—I cannot exactly say where he resided at the time, but he used to go to Kennington—his office was at Pownall-terrace, Kenningtun—the defendant was his managing clerk—that was about 1840—I was his clerk about eight or ten months—I wrote this letter (No. 1) by the direction of Mr. Graham—it is signed "B. Graham"—he dictated that letter to me—I have seen the witness Gay once before—I do not know him by name—it was about the latter part of the year 1840 that I saw him—it was at the office in Pownall-terrace—he brought me some money in a letter—I could not positively swear whether the letter was open or sealed—I opened it—I asked him what the contents were—he said there was 40l., and of course I gave him an acknowledgment, a receipt for it, in the way of business—there were four 10l. notes in it, no sovereigns—he showed me a letter at the time—I wrote the receipt myself—he did not state on what account he brought me the money—he said he was desired to give me 40l., and I said "I will give you an acknowledgment"—Mr. Graham was not in the office—I had been in the habit of receiving money during Mr. Graham's absence in the office—I think there
is no doubt the witness stated that he brought it from Mr. Maire, but it U so long ago I could not swear it—Graham was not there—when he came in two or three hours it might be, afterwards, I handed the money over to him' and the letter accompanying it—I have no doubt this is the letter in which the notes were enclosed—(looking at it)—I know Mr. Corner, and knew he was in the habit of transacting business at our office, generally with Mr. Graham—I cannot exactly say whether anything passed between Mr. Corner and Graham on any occasion about the 40l.—I do not know whether Mr. Maire carried on any business in Mr. Warren's office.
MR. BALLANTINE. Q. When you talk of Warren's office, do you mean you were engaged by Mr. Warren at all? A. Yes, I was paid by him sometimes, and sometimes by Mr. Graham—Mr. Warren attended there sometimes—this receipt was signed by me, in the absence of my master—I did not keep the money—I can swear to Graham's handwriting—(the acknowledgment was again handed to the witness, folded down, the signature only being visible)—this is not my writing.
COURT. Q. Is that your handwriting? look at it again. A. (Opening it)—The former part is my handwriting, the signature is not—I know I gave a receipt for the money—I cannot say whether the draft of the mortgage deed was prepared in our office, without I saw the draft—I engross so many—we never engross without a draft—I do not know what has become of the draft of this deed.
MR. PARRY. Q. When did you leave Mr. Warren's office? A. In 1841—I gave a memorandum at the time I received the money—part of this memorandum is my writing—I have no doubt it is the memorandum I then gave.
Q. Signed by Graham? A. I cannot call to my recollection how that was, but I know I asked at the time whether they wished for a receipt, in the usual way of business.
JOHN BOWTELL . I am an appraiser, and live in Princes-street, Lissongrove. I have known the defendant about eight or nine years, during which time he has been an attorney's clerk—I know Mr. Corner perfectly well—I have known him about the same time—I have been at Mr. Warren's office at Kennington a great many times on business as appraiser with Mr. Corner—I have not been to Mr. Warren's office on Mr. Corner's business, but on my own—I was frequently there in 1841 when Corner and Graham were together.
Q. Do you remember Mr. Corner saying to Graham that he had called in consequence of a letter he had received from Graham, and he hoped the 40l. was not wanted immediately, for he had been obliged to break into the money, or words to that effect? A. I recollect words to that effect—he said, when he came in, he had come in consequence of a letter he had received from Graham—he said, "I hope you don't want the 40l. this morning for Baskett; I have been very short of cash, and I have made use of it"—I cannot fix a date for this conversation, within a month or two—I think it was in the autumn of 1840—Graham asked Corner if he had any leave and license from the landlord to mortgage—Corner said no, he thought that he had got it—I recollect Graham saying, "Well, don't be in a hurry to part with your money," or, "I advise you not to be in too great a hurry to part with your money"—Corner, Graham, and I went over to a public-house in the neighbourhood, and drank together on that occasion—Mr. Corner paid for the refreshment, which he was in the usual habit of doing.
MR. BALLANTINE. Q. How long have you carried on business in
Princes-street, Lisson-grove? A. Seven years within a few weeks—I have a shop—my household furniture is in a workshop—I have several things that I use in my business, a work-bench and timber, ten and twelve feet boards, not a great many—I am in a small way of business—I have books—the connexion I have is sufficient—I do not wish to make a show—my name is up, and has been a long while—I call myself a carpenter, appraiser, and house-agent—I knew Mr. Albert Warren, as he had an action to carry on for me—Graham was his clerk—that is eight years ago—I had seen Mr. Warren before, but not to employ him—I was introduced to him through Mr. Graham, whom I have known from eleven to twelve years—the first time I knew him he came to my shop, and purchased goods of me—I supposed he was a gentleman doing no particular business—I found afterwards that he was carrying on business over the water with Mr. Corner—he was not an attorney's clerk then—I have known him ever since—I knew him when he was clerk to Mr. Moody Hill, five or six years ago—I am not acquainted with Mr. Hill, at all—the defendant told me he was clerk to. Mr. Hill, and I knew other people who did know Mr. Hill—I think it was after he was clerk to Mr. Warren that he was clerk to Mr. Hill—I never employed him to bring any action when he was clerk to Mr. Hill—I knew him when he lived about Lambeth in apartments—I have not been a witness before, that I know of; let roe see, yes, I was once on Mr. Corner's occasion—Mr. Warren was the attorney then—Graham was his clerk at the time—that must be eight years ago—that is the only time I have been a witness, the only time I was a witness on Mr. Graham's business—I was in this Court once on a prosecution when my shop was robbed—that is thirteen or fourteen years ago—those are the only occasions on which I have been a witness, to my knowledge—I cannot swear it—I swear I have not been a witness half a dozen times, nor yet four times; perhaps I might be three times—I will not swear it—I do not burden my mind about theft things.
Q. When did you know you were to be a witness in this case? A. I think a month or six weeks ago—I was subpoenaed to Bow-street—the subpoena told me what I was wanted for—I did not see Graham—it was stated to be on Graham's business—I did not know on what point I was to be examined—I had no notion till I went to Bow-street—I heard what I was wanted to swear—I did not know that I was to contradict Mr. Corner—I do not know it now—I respect Mr. Corner as much as the other—I do not know the effect of my evidence—I did not know what questions would be put to me, how should I know—I swear I did not know what questions would be put to me—I came to speak the truth, and nothing but the truth—I did not know on what point I was to be examined—I have not seen the attorney to-day—Mr. Jarvis is the attorney—he has not examined me as to what I was to say—I have never told him what I could say—I wrote nothing down myself—they might receive the ¦ information from Mr. Graham of what I could say—I told nobody—I do not know how Graham came to know all this—I was subpoenaed—that is all I know—I never gave evidence to the attorney, nor said what I would be prepared to swear.
CHARLES NORVAL . I am a carman and market-gardener, and live in Vassal-road, Brixton—I knew the late Mr. Baskett—I do not remember being in company with Baskett, Graham, and Corner—I remember being at work on one occasion when Baskett and Corner were together—I know
Graham—he was with them on that occasion—I remember Graham, in Corner's presence, asking Baskett whether he had got leave and licence from the landlord, or words to that effect—that was in 1841—I cannot swear that Graham asked Baskett whether he had got leave and licence from the landlord, but either he or Corner did.
Q. Do you remember whether Corner said, "Very well, as soon as you get it send it to Graham, and then I will come to town with the 40l. to complete the mortgage," or words to that effect? A. That was it, as near as possible—this was either in 1840 or 1841, I think 1841, to the best of my belief.
MR. BALLANTINE. Q. Were you a witness at Bow-Street? A. No, I was not summoned to attend there—I had a subpoena to come here—I first knew last Sessions that I should be wanted—the subpoena told me—I cannot tell who brought the subpoena—it was delivered into my own hands—I should know the person if I saw him—I have only seen one person, Mr. Jarvis—I saw him some time ago, before last Sessions—he sent to me, and I went to his office, I think in Pountney-lane—nobody was with him but Mr. Gra-ham—I did not tell him what I had to prove—he asked me—I dare say he took down what I said—I have known Graham ten or twelve years—I have never been a witness before in any case whatever, without it was being a row—I have only been a witness for myself—I have been examined before a Magistrate on my own business I dare say two or three times—I have not employed Mr. Graham on that occasion—I gain my livelihood by industry, anything I can do to get a living—I work hard at anything I can get, except thieving—I am a carman and a bit of a farmer—I hold thirty acres of land in Lambeth parish, and some in Clapham-road, and some at Camberwell, of Mr. Low—I have paid rent for twenty-two yean—I keep two carts—I do not know how Graham and I became acquainted—it is twelve or fourteen years ago—he was an attorney's clerk then to Warren, I think—no, not Warren—I cannot think of the man's name—she was introduced to me, I cannot say who by, about a man wanting to rob me out of a bill—I employed him as my attorney—I have never been in any scrape about a horse, that I know of—I have never been examined as a witness for Graham—I remember Monk levying a distress upon my premises, I should think about a fortnight ago, for 7l. for tithes—I settled it—I paid a portion of it, and have got time to pay the rest—I did not employ Graham about that—I did not mention Graham's name to Monk—I said nothing to him about it—I did not tell Monk that Graham could get as many witnesses as he pleased, true or false, or anything of the kind.
MR. PARRY. Q. Have you been under one landlord for twenty-two years? A. Yes, and under another landlord, seven years—no charge has ever been made against my character—I was never locked up, except for debt one day.
THOMAS BOWSKILL . I know Mr. Corner—I am occasionally employed as writing-clerk and messenger to Mr. Warren—I remember calling at his office in Pownall-terrace, about the end of 1840—I remember on one occasion Mr. Corner coming and seeing Mr. Graham at the office—I heard him say to Graham, "Well, Graham, what have you done, what about the
40l.?"—Graham advised him not to pay over the 40l., as Baskett had not got leave and license—Corner said, "What is to be done with the money?"—Graham said, "Who shall I pay it to, you, or to?" mentioning another name, which I do not know—Mr. Corner said, "Oh, you can give it back to me"—Graham said, "Well, you and so-and-so are all one; you may as well take it"—Graham went to a double-leaved desk, and took out some book—he said, "Here are four 10l. notes," and handed them over to him—Corner took the money, folded it up after examining it, and put it into his trowsers' pocket, or somewhere about his person—this is my handwriting, "posted on date, D. BOWSKILL"—this is a copy of the letter I posted—it is addressed to Mr. G. J. Corner, Norwood—I put a letter into the post for Mr. Corner, on the 25th of July, 1841—(read)—
"Enclosed I send you a copy of Baskett's note about the 40l.; he has not yet obtained leave and license of the landlord to assign; I don't advise, or rather, it won't be advsable to pay till he does so. Mr. Wenham wrote you, in my name, on the 23rd instant, to come to town, and I expected to have seen you—never mind the money; come as soon after the receipt of this as convenient to you.—Yours, &c, B. GRAHAM, for A. SIR,—On the sum now due from Mr. Corner, which we understand is about 40l., if Mr. Corner should be coming from Camberwell shortly tell him to call or send me his address."
MR. BALLANTINE. Q. I think you told me you were in the employ of some hatter? A. I said I was sometimes employed by my landlord, who is a bonnet-blocker—I have not left his employ now, if he required me to do anything—unfortunately I am out of a regular situation—I have known Graham I should think twelve or thirteen years—I have been a clerk—I have no independence or private property—I know a person named Booth—I have not had dealings with him—I never held a promissory-note or bill of exchange of his—I knew of his going through the In-solvent Court—I never brougbt any action on a promissory-note or bill of exchange—I have never been a plaintiff in any action about a bill of exchange—I have not been a plaintiff in any particular case—I have never been a plaintiff—I am here on one particular point—I never brought an action in my life—I never drew a bill on Booth, nor endorsed it to a person named Wilcox—I do not know the name of Wilcox, only as a general name—I first knew I should be wanted as a witness, about two months ago—I gave my evidence to Mr. Jarvis afterwards—I wrote this, "posted on date," because I took the letter to the post, and it is a regular thing in the office to do so—I never said I was a clerk there—I was writing there—I was engaged by Mr. Graham—I have known him about twelve years—I was introduced to him by a friend named Powell—he recommended me to Graham, thinking he would occasionally employ me—I do not know whether Mr. Warren is here to day—I have seen him, but have not seen him here to day.
COURT. Q. Do you know anything of this piece of paper (a letter.) A. No.
A. J. LUSK re-examined. I cannot say that I ever saw this letter in the office.
seen a draft of a mortgage-deed—I believe it is in Court—I am not aware who has got it—I have seen it at Mr. Hill's office—I believe Mr. Hill it not here.
COURT. Q. Do you know whether the defendant has got it? A. I am not aware where it is at the present moment—I saw it last, about two months ago at the office—I have not seen it to day—it was not under my care—I have not been subpoenaed here to day—I was subpoenaed last Sessions.
(Benjamin Powell, a hatter, of No. 8, Vine-court, Walbrook, who had known the defendant twenty years, deposed to his good character.)
GUILTY .— Confined One Year.
Before Edward Bullock, Esq.
GUILTY.— Judgment respited.
Before Mr. Common Sergeant.
FRANCIS EABY . I am a publican. On the 19th of June I was at the Nag's Head public-house at Battersea—the prisoner was there—I saw him take a silk handkerchief from my pocket—he made his escape through the window—he ran to the yard near the skittle-ground, and I pursued him—a person took the handkerchief from him who was a stranger to me—my handkerchief was found near where the prisoner was.
Prisoner. I do not remember seeing this gentleman at all; I was in the Nag's Head and a man challenged me to fight; I went out; the man came after me; I know nothing about the handkerchief. Witness. I lost sight of the prisoner for a moment, but I met him at the other door—I saw him take my handkerchief.
Prisoner. They are what I bought.
GUILTY . Aged 22.— Confined Six Months.
1569. HARRIET SMEED was indicted for stealing 1 spoon, value 12s.; 1 table-cloth, 3s.; 1 napkin, 2s.; 2 towels, value 1s.; and 1 flatiron, 1s.; the goods of John Thomas Marsh, her master, and that she bad been before convicted of felony.
ANN MARSH . I am the wife of John Thomas Marsh. We live in Westminster-road—the prisoner was in my employ for about three months—she got drunk, and I sent a servant to see that she got safe home—the servant returned, and then I missed a silver spoon and some table-linen—on the 19th of June, the day the prisoner was taken, I told her to tell me what she had done with the things—she was intoxicated then—she said if I would give her 7s. she would bring the spoon by five o'clock, and the remainder of the things by twelve—this pinafore is one of the articles which I lost—the silver spoon was not found that day, but it has been found since—this is it—it is mine—I saw the spoon and pinafore on Monday, missed them on Wednesday, and she was taken on Thursday.
brought the pinafore in, and laid it down in my mistress's room—I am sure I saw her put it down.
THOMAS GARFORTH (police-constable L 151.) I produce this pinafore, which was in Mrs. Marsh's room—I found fifteen duplicates in the prisoner's room after she was locked up, one was of this table-cloth—I gave that up to the pawnbroker—I produce the table-cloth and some other things which the pawnbroker gave up.
JURY. Q. Are you certain it was her? A. To the best of my belief it was her.
Prisoner. I beg for mercy; I have for five years been a deserted wife—I pawned the property with the intention of redeeming it on the 20th of June—the pinafore I was going to wash.
(The certificate of the prisoner's former conviction was not produced.)
GUILTY of larceny.—Recommended to mercy by the Jury.— Confined
GUILTY . Aged 30.— Confined Three Months.
1571. ANN ADAMS was indicted for stealing two pairs of stockings, value 3s.; 1 other stocking, 1s.; 1 collar, 1s.; 1 pair of mittens, 6d. 2 yards of edging, 1s. 6d.; 1 flower, 1s. 6d.; and 2 yards of silk, 2s. 6d.; the goods of Charlotte Knight Ireland; and 1 pair of stockings, 1s. 6d.; 1 cap, 2s.; 2 yards of lace, 1s. 6d.; 1 3/4 yards of chintz trimming, 6d.; 1 pair of trowsers, 2s. 6d.; 1s. fork, 6d.; and 1 print, 1s. 6d. the goods of Charlotte Ireland, her mistress.
CHARLOTTE IRELAND . I am a widow, and live at Wal worth—the prisoner was my charwoman. I missed some stockings and other things—these articles produced are mine—this print was taken out of an album of mine—this chintz and lace were taken out of my work-box—it was always kept locked—the prisoner was repeatedly in the room in which these things were—these cotton stockings have my own work in them, and my own initials—I missed some silk stockings and this pair of trowsers, which are my son's—I missed a spoon, and spoke to the prisoner—she said she knew nothing of it.
Cross-examined by MR. HUDDLESTON. Q. Have you been in the habit of giving her things? A. No—I have not given her things instead of money—I have sold her things—that was not when I owed her money—she has worked it out afterwards—I once paid her in things instead of money—I then gave her two dresses, and she fixed the price herself—worked for me at needle-work some time back, and on one of those occasions I gave her the dresses—that was on a different occasion to that on which I paid her in things for char-work—I did not miss this chintz at all—I have had it by me many years—I swear to it most positively—I never gave it away or sold it—this cap I will swear to by my own work—I saw these trowsers on my premises in the second week in Sept.—my stockings were not missed at that time—I had seen them after that—the first thing I missed was this black stocking and six more—this is my daughter's—I missed this print between July and Aug.—that was before I missed
the stocking—I cannot charge my memory as to whether I saw the stockings at the time I missed the print—I think I can say positively I did not see them after I missed the print—I missed these cotton stockings early in the Spring—I had seen them in Nov.—they were safe when I had missed the print and the black stockings—I had not missed this lace—it was cut off some I had—I missed my son's trowsers in Dec.—I could not find them when I missed the stockings—I never gave the prisoner two muslin gowns, or sold them to her—she gave me 2s. for a chene dress—that is, she worked for it—I gave her four holland pinafores—I did not give her two new holland pinafores made up, nor two pair of boy's white trowsers—I have but one pair, which I have at home—I gave her two pair of nankeen trowsers, a jacket, and a pocket—I gave her a cloth cap at Christmas, and three little boy's shirts.
Q. What did you mean by saying you never gave her anything? A. You never put that question to me—I understood you, had I given her things for work—I gave her those things gratis—she had been at work forme one day when I gave her them—I paid her 1s. 6d. for wages that day—I did not pay her money, she took a little coat, and a sixpence I gave her.
COURT. Q. Where were these trowsers found? A. At the pawnbroker's, and the stockings in a room at the prisoner's house.
CHARLOTTE KNIGHT IRELAND . I live with my mother. These two pair of stockings, and this ribbon, bag, and some other things are mine—they had my marks on, but they have been picked out—I can swear these stockings are my own working, and I have the fellows to them—this was a cape of mine—this edging is quite new—this piece had been used, but was quite clean when she took it—this muslin collar I can swear to—I am not able to say when I lost them—I am frequently from home—they all did belong to me—I have never given them to the prisoner.
Cross-examined. Q. You are a governess? A. Yes, and amout from nine o'clock in the morning till about half-past four—I have seen some of these things when I have not seen the others—I had the stockings in wear in the early part of this year—they are not now in the state in which my stockings usually are—this bonnet is not mine, but the silk it is made of is—I was before the Magistrate—I asked my mother why she did not let the prisoner have the trowsers—they were an old pair—the child was at school, and I said, "Why don't you let her have these trowsers?"—I know my mother gave her two dresses for work, and she has been in the habit of giving her old things—the prisoner's mother was a charwoman in the house.
HENRY PERCY ( police-constable L 74.) I went to the prisoner's lodgings, at No. 11, Potter's-place, Bermondsey New-road—the prisoner gare in that address at the station, but it was Porter's-place she said—I found a box there which I opened, and in that I found a little box containing these sixteen duplicates—amongst them is one for a pair of trowsers—I found all these other things in her room—these other duplicates do not relate to the property.
Cross-examined. Q. It is not unusual for persons to pawn in a wrong name and address? A. No.
NOT GUILTY .
FRANCIS TAPPEN . I am a pawnbroker—I produce two scales and a sextant—I took in the sextant of the prisoner—I cannot say who I took in the scales of—this is the duplicate given for the scales—they were pawned on the 14th of May.
Prisoner's Defence. I was in the habit of using them, and had them about me; my salary being small I was induced to pawn them, with a firm determination to restore them, as I expected a sum of money.
GUILTY . Aged 32.—Recommended to mercy by the Jury.— Confined Six Months.
(There was another indictment against the prisoner.)
JAMBS HAWTHORN . I live in Clark's-place, Wands worth-road, in the employ of Mr. William Wood—the prisoner is carman to Mr. Hook, of whom my master hires carts—last Saturday week he was employed to remove some bricks of Mr. Wood's from Fitld-row to Benfell's-row—I helped to load the whole of that day—there was J. B. W. on some of those he removed that day—those now produced have J. B. W. on them.
JOSEPH CHURCHILL . I live in Altan's-row. On the 28th of June I was at work about four o'clock—the prisoner came and asked me if I wanted to buy four or five hundred bats—I said I did not know that I did—I, however, gave him 4s. for a lot of bats—I had never seen them, but they were to go to my shed in South Lambeth-row—I went to the shed after we found the bricks to be wrong, and they were there—they have J. B. W. on them.
Cross-examined by MR. DOANE. Q. Did you know the prisoner before? A. No.
ROBERT COLLINS (police-constable V 108.) I was on duty in the Wandsworth-road—Mr. Wood told me of his loss—I took the prisoner in custody—I told him I wanted to take him to where he sold the bricks on Saturday night—he said, "I am going there"—I went with him, and Mr. Churchill said to him, "You got me into a pretty thing by selling these bricks to me on Saturday night"—he made no reply—I took him to the station—on the road he said he was very sorry for what he had done, but he could not help it—he did not say where he took them from—I have compared the bricks found in the shed with the others, and they correspond.
GUILTY . Aged 30.—Recommended to mercy by the Jury. Confined Three Months.
Newington. About one o'clock in the morning, on the 24th of June, I was going home, and met the prisoner near Alfred-place—she wished me to take a walk with her, which I declined, as I was waiting for a friend—I walked a few steps, and she began fumbling about my person—I found my purse was gone—I charged her with it—she said, "For God's sake don't say anything, here it is"—she gave me the purse and went off—I looked at it, and recollected I had missed a sovereign—I told the policeman—we went in search of her, and I gave her in charge.
Cross-examined by MR. BALDWIN. Q. She accosted you first? A. Yes—she remained in conversation about five or six minutes, persuading me to go with her, and fumbling about my trowsers—she put her hand inside my trowsers, but pulled it out immediately—she did not stay any time after that—it had been in my left hand breeches pocket—I first charged her with taking two sovereigns—I counted the contents of my purse, and my impression was that there were two sovereigns gone, bat before I made the charge the next morning I found there was only one missing—when she first came to me I had four sovereigns and some half-sovereigns, and I thought I had five sovereigns—I must have had four sovereigns, because I had had my purse out and counted the money about eight o'clock, and I did not take it out afterwards—I had made one or two payments that day, and had omitted to reckon one—I swear I had four sovereigns at eight o'clock—I had spoken with another female before for about five minutes—I had not looked at my purse after she went—I had no occasion to pull it out at all.
WILLIAM HUMPHREY (police-constable M 127.) I saw the prisoner standing with the prosecutor—he afterwards came and told me something—I found the prisoner, within half an hour, in front of the Bridge-house public-house, which was open—she was searched by a female—17s. 6d. was found on her, but no sovereign.
NOT GUILTY .
Before Edward Bullock, Esq.
GUILTY . Aged 14.— Confined Four Months.
MR. HUDDLESTON conducted the Prosecution.
JOHN TUBBS . I am a japanner, and live in Waterloo-road, St. George's. On the 28th of May I was returning from Epsom races—I went with a friend to the Angel public-house, in Webber-street, St. George's, Southwark—I took off my coat, and put it on a short seat, previous to playing at skittles—I played for about twenty minutes—I then turned to look for my coat, and it was not where I left it—Jocey afterwards pointed out Hart to me, and I gave him into custody from what Jocey said—Hart said he was innocent, as far as I can recollect—I do not know that I said anything in particular to him—he must have heard what Jocey said, because he was outside at the post at the time—I went there while I was playing.
Cross-examined by MR. DOANE. Q. There were a great many people there? A. There might be ten or a dozen, or more—when I missed my coat, Jocey told me about it—he was then outside—I made an outcry—the persons that were near me might hear that I had lost my coat—it must have been five minutes before Jocey said anything about it—he stated he saw a party take it and give it to Hart—he did not point out any other party at the time—Hart was there when he told me, but Smith was not—we went to different public-houses—I did not notice Barnes there then, but he had been in the ground.
Cross-examined by MR. PAYNE. Q. What time of the evening was this? A. It was about ten o'clock when I went into the ground—I cannot say the time of the other occurrence—I do not know that Hart had been to another place, and had come back on this being mentioned.
MR. HUDDLESTON. Q. You say that Jocey spoke to you about another person; tell us exactly what he said? A. He said he saw one man take my coat off the seat, and give it to another, and he pointed out Hart as the person to whom it was given—he said the man who took it was not there, but be knew the party—we took Hart to the station, and then went to try to find the man who took the coat—Jocey told me about it as soon as I was fetched to him—the friend I was playing with fetched me to Jocey—my friend made as much noise about the coat as I did—Jocey was outside the Angel—I had made a noise inside.
THOMAS JOCEY . I am a labourer; I live in Gray-street, Webber-street. I was at the skittle-ground, at the Angel, on the night of the 28th of May—I saw a coat lying on the seat at the left side of the door—I saw Smith take it away and give it up to Lew Hart, who went out of the skittle-ground, but where he went I cannot tell—I saw Mr. Tubbs playing at skittles when I went in—I went out as soon as I saw the coat go away—I did not stop five minutes in the place altogether—I heard a noise about a coat being lost—I did not know Mr. Tubbs before—I told Mr. Barnes about the coat, and afterwards I told Mr. Tubbs—I said, "That is the man that took the coat"—Smith never left the ground at all—I pointed him out to Mr. Barnes—I did not tell Mr. Tubbs who took his coat—I was not along with Mr. Tubbs at all—Mr. Barnes came outside the door—I called him, and said, "That is the man that took the coat"—I told Tubbs when he came outside the door—I pointed out to him the man to whom the coat had been given—Smith was inside the ground—I pointed him out to Barnes.
Q. Did you at the time you told Mr. Tubbs about the coat see Smith? A. Smith was outside the door, and I pointed him out to Mr. Tubbs, as the man that took the coat up—we went to several places to look after Smith, but we could not find him at all—he had left the skittle ground when we went to look after him—I saw the officer take Hart—I did not see Smith then, nor till two o'clock next morning—I pointed out Hart to Mr. Tubbs, and a policeman was sent for, who took him.
Q. Did you see Smith after they sent for the policeman? A. Yes—outside the door for a quarter of an hour or twenty minutes after they took lew Hart—Smith was there in the ground when they sent for the policeman—he came out and went away a quarter of an hour after the coat was gone—I did not see any person sent for a policeman—I saw Hart taken by the policeman—Smith was then in the ground—he came out soon after—I saw him at the time Hart was taken, outside the Angel door—I did not
see the policeman then—at the time the policeman took Hart, Smith was inside—I saw Smith at the time Hart was taken, he was outside—I did not point out Smith to the policeman, because he (Smith) was not there.
Q. Did you see Smith? A. He was inside, I believe—I saw him inside—I did not say a word about it, when I heard an outcry about the coat—I did not point out Smith, because he went away—soon after we went to look after him to several places, and then the policeman called me up in the morning, to see if he was the same man, and he was—I saw him at nine or ten o'clock at night—I did not see him afterwards till one o'clock in the morning—the last place I saw Smith at after he gave the coat to Hart was in the Angel—it might be a quarter of an hour or twenty minutes before he came out.
Cross-examined by MR. DOANE. Q., When you saw Smith again he was in bed, was he not? A. No—in the road, somewhere against the Coburgh.
COURT. Q., You heard some cry about the coat being lost? A. Yes—and I happened to speak to Mr. Tubbs' friend—I pointed out to him that Smith took the coat away—I did not point out Hart to him—I pointed out Smith—I told him that Hart took the coat away—I afterwards told Mr. Tubbs, and pointed out Smith and Hart to him—I recollect the policeman coming about a quarter of an hour after the complaint about the coat—when the policeman came he took Hart—Smith was then in the ground—I told the policeman about Smith, and we went to look after him—he was gone.
RICHARD PROSSER (police-constable L 53.) I took Hart on this charge just outside the door of the Angel, in Webber-street—I found Smith about two o'clock the next morning near the Victoria Theatre, with five or six more parties—I produce this coat, which I got from Barnes at the police court—the scarf has not been produced—I asked the prisoners about the coat, they said they knew nothing about it.
NOT GUILTY .
Before Mr. Recorder.
1577. WILLIAM BURTON was indicted for stealing on the 2nd of July, 1 pair of trowsers, value 16s.; and 5 yards of silk, 13s.; also, on the 8th of July, 1 pair of trowsers, value 7s.; the goods of Judah Jacobs, his master; to both which he pleaded
GUILTY .— Confined Six Months.
ADJOURNED TO MONDAY, THE 18TH OF AUGUST.