CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 18TH, 1845.
MINUTES OF EVIDENCE,
Taken in Short-hand by
TYLER & REED, PRINTERS, BOLT COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 18th August, 1845, and following Days.
Before the Right Honourable MICHAEL GIBBS, LORD MAYOR of the City of London; Sir William Wightman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Claudius Stephen Hunter, Bart; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; Thomas Wood, Esq.; John Johnson, Esq.; John Kinnersley Hooper, Esq.; Sir James Duke, Knt.; Thomas Challis, Esq.; and Francis Graham Moon, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
GIBBS, MAYOR. TENTH SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†) that a prisoner is known to be the associate of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, 18th August, 1845.
First jury, before Mr. Common Sergeant.
NOT GUILTY .
CHARLES WILLIAM DAY . On the 10th July, between eleven and twelve o'clock at night, I was in Leadenhall-street, and received information—I followed the prisoner, tapped him on the shoulder, and told him he had got my handkerchiefthe—he said, "Oh, pooh, no, no I have got no handkerchief but my own"—he pulled out a handkerchief which was not mine—I said, "I will have it"—he immediately took off his hat and blustered—I called the policeman—he took a handkerchief out of his pocket which was mine, and dropped it down at his feet—he had got a hundred yards from where I missed it.
Cross-examined by MR. PRENDERGAST. Q. Did you see him take it out of his pocket? A. No, but I saw him drop it—a gentleman gave me information, and left directly he was secured—I am a mariner, and live at Limehouse.
Cross-examined. Q. Were you walking with your husband? A. Yes, the prisoner corssed over, and my husband followed him—I also crossed—we were returning from the Zoological Gardens—I was quite close to the prisoner when he took it from his pocket—I have no mark on the handkerchief.
has never been out of my possession since I bought it in the East Indies—I always wash it myself when I wash my hands—here is a mark on it where I spilt some ink about sixteen months ago—I had two more of this pattern.
GUILTY . Aged 21.— Confined Three Months.
JAMES PAGE . I am cellerman to Richard Boydon Burleigh and two others of Devonshire-square. On the 15th of July this cask was left at their door by a cart, and stood outside—between seven and eight o'clock in the morning the beadle gave me information, and I missed it—I went with him and found the prisoner in custody of a policeman, with it, just round the back of the house, passing through a court.
Cross-examined by MR. PRENDERGAST. Q. Whose property is the cask? A. My employers'—it was returned from a customer, and put down at the door—I saw it there—we give credit for a cask when it is returned—I cannot say whether credit had been given for this—it stood in the public square.
COURT. Q. It was put down at your masters'door? A. Yes, the car-riers generally put them there, and go into the counting-house to receive the money for the porterage.
Cross-examined. Q. Was not he drunk? A. He might have been drinking—I was in the square, but I think he did not see me, as I was in my box—I asked the foreman if it was all right, and we followed him, found him in the old clothes-market, with the cask, in custody.
Cross-examined. Q. Had he not a lot of children round him? A. No, there were a lot of Jews about him—he might have been drinking—he was much agitated when I spoke to him—my attention was called to him by the crowd round him—he said he brought it from Devonshire-square.
NOT GUILTY .
MR. WILSON conducted the Prosecution.
JOHN SAUNDERS . I live at Shepperton. In consequence of information on Sunday morning, the 27th of July, I got up to watch the prisoner, and saw him, about a quarter past four o'clock, come up my front garden and return, then go down the stable-yard—I came down the back garden gate, near the granary—I heard somebody moving about, and then heard somebody come from the door and lock it—the prisoner came from that direction, went down the yard, and out at the gate—I went round another way into the road, and saw him in three or four minutes—I asked him to come
back with me, and bring back the corn he had taken—he came with me about a hundred yards to a house where the corn waa in the sack.
Cross-examined by MR. DOANE. Q. He acknowledged where he took it to, and shewed you where it was? A. Yes, I have reason to believe he has been robbing me some time—I had another person taken in charge for receiving, as it was on his premises—that man has absconded—the prisoner was ten years in my employ, and his father was also in my employ.
GUILTY . Aged 19.— Confined Four Months.
1582. HENRY MOFFATT was indicted for embezzling, on the 3rd of June, 1l., 9s. 6d.; also for stealing, on the 13th of June, 3 sovereigns, 6 shillings, and 5 sixpences; the monies of John Burls, his master: to both which he pleaded
GUILTY .— Confined Four Months.
MR. PRENDERGAST conducted the Prosecution.
ROBERT TIMSON . I am in the service of Mr. Heath, a calico-printer at Wandsworth—his horses are occasionally put up at the White Horse in Friday-street, and I have paid the prisoner for their bait there—on Saturday the 26th of July, I paid him 6s. 3d.—5s. of that was for his master, for the bait of the horses—on Saturday, the 19th of July, I paid him 4s. for his master and 1s. for himself—I generally paid him every Saturday.
SAMUEL MELTON . I am in the service of Evans and Co., silk printers in Cheapside—I put up their horses, at the White Horse in Friday-street—the prisoner was the ostler—on the 26th of July I paid him 2s., for his master, for the bait, and 6d. for himself.
WILLIAM HENRY MANSELL . I keep the White Horse in Friday-street—the prisoner was my ostler—he has not accounted to me for 2s. from Mr. Evans on the 20th of July, nor 5s. from Mr. Heath, on the same day, nor 4s. on the 19th—it was his business to account to me for the money every Saturday evening between eight and nine o'clock—he accounted for other money received on those days.
Cross-examined by MR. ROBINSON. Q. Yours is rather an extensive business? A. Yes—he only received money from three or four other parties two or three times a week—he has been nearly four years in my service.
MR. PRENDERGAST. Q. Did he account to you for some money received from Messrs. Evans that week? A. Yes—that was for the preceding week, not for this—is was his duty to account for all.
GUILTY . Aged 43.— Confined Nine Months.,
(There was another indictment against the prisoner.)
FREDERICK FOLKARD . I am a pawnbroker, in the Blackfriars-road—this watch-guard was pledged with me in July, 1844—I do not know that I had seen it since—I missed it in March, 1845—the prisoner's brother lived with me for a year and nine months up to Jan. last.
Cross-examined by MR. PAYNE. Q. Are you sure about this being the chain? A. I would not swear to it—to the best of my belief it is the chain—I took it in pledge from Mr. Wentworth—the chain I got from him I lost with four others—they were stolen.
Cross-examined. Q. What do you know it by? A. Nothing particular—I had it about six months before I pledged it, and wore it—I should not like to swear positively to it—it is my chain—I will swear to it.
Cross-examined. Q. Had you ever seen him before? A. Never—a great number of persons come to our shop.
COURT. Q. Have you any doubt about him? A. Not the least—I took particular notice of him—I am quite certain this is the chain he pawned—it has been kept in a drawer behind the shop.
CHARLES BURGESS GOFF (police-constable L 8.) I took the prisoner into custody—I told him it was for receiving five gold chains that his brother had stolen from Mr. Folkard, in the Black friars-road—he said, "I know nothing about it"—I took him to the station—on his way to the cell he said, "Do you think Mr. Folkard will prosecute me"—I said, "Yes."
NOT GUILTY .
GUILTY . Aged 56.— Confined Two Years.
1586. BENJAMIN BIRDSEYE REEVE was indicted for stealing, on the 30th of March, 72 cambric handkerchiefs, value 20l.; 23 silk handkerchiefs, 5l.; and 33 scarfs, 45l.:—also, on the 1st of July, 22 cambric handkerchiefs, 6l.; and 21 scarfs, 30l.; the goods of James Beale, his master: to both which he pleaded
GUILTY . Aged 39.— Transported for Seven Years.
1587. THOMAS BRUDENELL was indicted for stealing, on the 30th of July, 1 half-pint of brandy, value 2s.; 1 stone jar, 1d.; 1 oz. of tobacco, 4d.; 1 box, 2d.; 1 pair of scissors, 2s.; 3 pence, and 45 half-pence; the property of John Richards, his master; to which he pleaded
GUILTY . Aged 18.— Confined Three Months.
1588. JOHN MOORE was indicted for stealing, on the 10th of July, 1 waistcoat, value 1s.; and 1 knife, 1s.; the goods of Abraham Harvey: 1 time-glass, value 2s.; and 1 brass rollock, 2s.; the goods of Peter Simp-son: 2 1/2lbs. weight of pump-leather, 2s.; 17 metal rings, 9d.; and 2 metal nails, 3d.; the goods of James Taylor and others, in a port of entry and discharge.
ABRAHAM HARVEY . I am mate of the barque Margaret Barford, lying in the West India Dock. On the 10th of July I left the ship safe at half-past seven o'clock at night, leaving everything safe and locked up—I went next morning at half-past nine—the cabin appeared quite secure—I missed
a waistcoat and a knife in the pocket—I afterwards missed a time-glass and a brass rollock belonging to James Taylor, and some pump-leather and metal rings belonging to Peter Simpson, the captain—I have since seen them in charge of the constable.
WILLIAM LONG . I am a constable of the East and West India Dock. On the morning of the 11th of July I stopped the prisoner coming out of the Blackwall entrance, and found on him these things—the waistcoat was on his person—he said he gave 4s. for it, and the leather was his own.
GUILTY . Aged 21.— Confined Six Months.
MR. WILDE conducted the Prosecution.
JAMES ELLIOTT . I keep the Crown public-house in Chisweil-street. I have my bread of Mr. Abbott—the prisoner was in the habit of delivering bread to me on his account—on the 26th of July I paid him 1s., on the 29th, 3s. 10 1/2d., and on the 2nd of Aug. 3s., on account of Mr. Abbott—I have memorandums of my own of the accounts.
Cross-examined by MR. BALLANTINE. Q. Are all the entries yours? A. Not all; what I am speaking of are—I recollect that I paid him these sums—he called on me everyday—he had a book of his own—he sometimes took it out—he came in a cart—I have not known him to be particularly hurried—I cannot recollect the times at which I paid these sums—sometimes he came about one o'clock, and sometimes between three and four—I recollect paying these sums, independent of the book.
WILLIAM COLE ABBOTT . I am a baker, living in Bishopsgate-street. I engaged the prisoner at 12s. a week, and 1s. in the pound commission—it was his duty to settle his accounts when he came home of an evening, and he was in the habit of doing so—my wife, booked his bread, and accounted with him.
Cross-examined. Q. When was the commission deducted? A. My wife gave it to him every Saturday evening—that was the agreement made on his entering my service—I never received money from him, my wife always did.
MARY ANN ABBOTT . I am the prosecutor's wife—the prisoner did not account to me for any money received from Mr. Elliott, on the 26th and 29th July, or 2nd Aug.—he ought to account for the money received at night, as soon after his return as he could—that was the practice.
Cross-examined. Q. I believe your husband has an extensive business? A. No, not particularly—I used to pay the prisoner his commission every Saturday—on the 26th of July I paid him either 1s. or 1s. 6d.—I cannot say exactly how much money he paid me that day—it was from 1s. to 30s., I think—he did not deduct his commission—I paid him that with his weekly wages—we had a regular account of the persons he said he had been to, and the money he had received—he handed over the money to me—he never deducted his wages—I took all the money—I should think I put it in the till—I might have paid him his wages out of that—I took all that was due to me—the prisoner had a book—I believe the constable took it from him—it was the book in which he put down the
sums he received—he read from that what he professed to have received during the day, and I booked it—I did so every night—it has never been omitted.
MR. WILDE. Q. Did you or not pay him his wages on the Saturday? A. Yes, and paid him the commission—he called over certain names from his book, and I inserted them in the ledger which I have here—I have a note of the monies I received on those separate days—on the 26th of July I received 1l. 2s. 1 1/2d. in thirteen items, and on the 29th, 16s. 10d. in thirteen items—that does not include any from Mr. Elliott—I did not compare or check the prisoner's book with mine.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Four Months.
OLD COURT.—Tuesday, August 19th, 1845.
Second Jury, before Mr. Common Sergeant.
GUILTY . Aged 16.— Confined Two Days, and whipped.
GUILTY . Aged 16.— Confined Two Days, and whipped.
SINGLETON pleaded GUILTY . Aged 16.— Confined Three Month.
JOHN JOHNSON KIRBY . I am a staymaker, and live in Claremont-place, Old Kent-road. On the 2nd of Aug., about nine o'clock in the even-ing, I was passing along London-bridge—I cannot tell how long before I had my handkerchief safe—I believe this is my handkerchief—I have been in the habit of using it for a long time—I cannot tell when I had it, or when I lost it.
GEORGE SCOTT (City-policeman No. 560.) I was on duty on London-bridge, about nine o'clock, and saw Singleton in company with Wood following Mr. Kirby over the bridge—I saw Singleton attempt to pick him pocket three or four times—I had seen them together five or six minutes, in company—there were four of them together, walking side by side—I was not near enough to hear them talk—I saw Singleton take the handkerchief—I went and took him into custody, and he threw it out of bis pocket.
Cross-examined by MR. BALLANTINE. Q. Did not you see Singleton constantly talking to Wood? A. I cannot say that I saw him talking; but I have no doubt he was—I cannot say whether Wood was answering—I was not near enough.
EDWARD FUNNELL (City police-constable No. 569.) About nine o'clook, on the 2nd of Aug., I saw the prisoners and two others come on to the bridge together—I saw Singleton follow Mr. Kirby very close, and try his pocket, but the other three closed up behind, and I could not see whether
Singleton took the handkerchief or not—I think they were acquainted, from the manner in which they followed up—as soon as they took the handkerchief I saw them run across the road together—Scott took Singleton—he pulled out the handkerchief, and threw it back towards Wood—I caught it and took Wood.
Cross-examined. Q. You did not hear Wood talking? A. No, he seemed to be keeping a very sharp look out—I was in private clothes.
WOOD— NOT GUILTY .
WILLIAM POWELL . I am a cattle-dealer. On Tuesday, the 30th of July, I had a mare with a white graze down the face—I took her to Hadenham, near Thame, in Bucks.—I saw her between nine and ten o'clock, and missed her on Wednesday morning about five, also a bridle and saddle—the prisoner lives next door to me, and rents under me—I did not lend him the bridle or saddle—I have since seen my mare, bridle, and saddle, at Edgware.
Cross-examined by MR. BALLANTINE. Q. How far is Edgware from Hadenham? A. About thirteen miles—I have lived at Hadenham about fifteen years—the prisoner was there about two years before me—he has lived next door to me about three years with his mother—I knew nothing against him before—I have heard that he becomes extremely excited if he takes liquor—there was a feast going on when this occurred, called Shabbington feast—I heard that the prisoner had been to this feast, but I had not seen him—I heard he was very drunk.
CHARLES FLAXMAN (police-constable S 83.) About two o'clock, or half-past, on the morning of the 31st July, I met a man riding a horse—I could not speak positively to the man at that time—I afterwards apprehended the prisoner about eight o'clock in the morning—he had the horse then—he said it was his horse, and he had purchased it of a gentleman—I asked how long he had had it—he said six months.
Cross-examined. Q. When sober he told you his name was Nash, and he came from Hadenham? A. He refused at first—after he was made a prisoner of he told me so—I should say he was sober when I first met him, about half-past two, from his speech—I was on horseback—I did not speak to him till he spoke to me—I took him about nine in the morning—he was then at a public-house—I never heard that they had stopped the horse because he could not pay for his bed—it was for something that he had had to eat.
JOSEPH BUSBY . I was servant to Mr. Allen, a horsedealer. The prisoner came there about eight or nine o'clock in the morning to ask the way to Croydon—he said he was going to Croydon market—he did not say what for—he said he had got a mare at Edgware—I do not recollect anything else.
Cross-examined. Q. Did you go to look at the mare? A. Yes—he did not want me to lend him sufficient money to pay for what he had had during the night, nor did he offer to leave the mare with me if I would do so.
COURT. Q. Did not he say he would sell it to Allen cheap? A. Yes.
selling horses—he has sold sheep and cows, but not very often—I have permitted him to do so when I have not been at home, and he always brought me the money honestly—I never knew anything against him before this.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
HOWARD CALDECOT . I am in the service of James Schoolbred and others. The prisoner came into their service in April—it was his duty to take goods out to various customers, receive the money for what he sold and account for it the same day—he was to show me the goods he took before he went out—on the 18th of July, he brought certain goods to me before he went out on his journey—I took an account of the pieces, and advanced him 30s. that he might require for change—among other places he was to go to Mrs. Duncan's, in Torrington-square—on his return he gave an account to me of what he had sold to Mrs. Duncan, which I took down—(reading) "7 1/2 yards of long cloth, at 6 1/2d.; 2 pairs of gloves, at 21d.;—1 pair of gloves, 2s. 6d.; and one, 3s.; 3 handkerchiefs, at 18d.; and two at 14d.;" six items amounting to 1l. 0s. 4 1/2d.—he paid me 1l. 0s. 4d.—he did not appear to be drunk when he came back—I did not remark anything—I had a settlement at the time about the 30s. I had advanced as change—I found out some mistake, and he was dismissed that night—he accounted to me for 10s. of the 30s.—I spoke to him afterwards about having given him 30s., and he said there was some mistake, he would see—he went up stairs and got some other money and tried to make it out as well as he could—he did not make it out—when I advanced him the 30s. he gave me an I. O. U.—he tore that between his teeth—I saw him do so—it was afterwards found—this produced is it—it has "30s." on it—it was in consequence of this he was dismissed—on the following day he came for his things—I heard Mr. Schoolbred ask him whether he had been to Torrington-square—he said he had—he asked him to give him an account of the goods he had sold—he did so, and it precisely corresponded with those which I have sold—he was asked how he was paid—he said the lady put down two sovereigns, that there was a little boy in the room who said, "Oh mamma, I have got 4d. of halfpence," upon which he took up the one sovereign and the lady the other—I heard that said several times.
Cross-examined by MR. CLARKSON. Q. You are cashier in the house, are you not? A. Yes—I have been so nearly twelve months—when a person is sent out with goods he first brings them to me, and has them registered, and then gives the names of the persons to whom he is going—whatever goods he sells he gives me an account of on his return, and produces to me the goods that he brings back of which I ought to keep an account—I took no account of the goods he brought back this day—he went to two other places that day; at one he sold nothing, and at the other to the amount of 17s. 6d. of which he gave a true account—I did not observe that he was tipsy—I believe he made some remark about swimming, and I asked him whether he bad been swimming—something of that sort—he was much later than he ought to have been.
Q. Did you jeer him about the swimming, and say "You could not swim as you are now," or anything of that sort? A. I made some little reply—it
was something of that sort—I am not aware that he waited there all Saturday to have an explanation with Messrs. Schoolbred and Cook—he came about nine o'clock in the morning—it was about four in the afternoon that a policeman was sent for—he came for his clothes partly, and he said he was writing letters, or something of that sort—I do not know that he said he came to have an explanation with Messrs. School-bred and Cook, and that he should not go away without his character—he had a very long interview with them in the counting-house about four o'clock—I do not know whether he was waiting there all that time—I did not see him at all in the morning that I recollect—it was about ten o'clock on the Friday morning that I gave him the 30s., just before he went out, ind he gave me the I O U—it was about six in the evening that I spoke to him about the mistake—I went up to him and said, "I wish you would look at your money that I have given you, for I think I have made some mistake as I cannot make my money right by 1l."—he looked over his money, and in his purse found a half-sovereign on the silver side, and laid" I find I have half-a-sovereign that according to the day's business does not belong to me, and in all probability there must have been some mistake, and you must have given me more than belongs to me"—I do not remember that his appearance was very odd when he came back that day—I do not think it was—I do not think he appeared as if his head was swimming—I did not say so—he made some remark about it—my business is in the counting-house—if I had examined the goods he returned with I might probably have discovered what the mistake was.
MR. DOANE. Q. Is it any part of your duty to measure the goods they bring back? A. No—I only take an account of the gross they take out—the prisoner knew that.
MR. CLARKSON. Q. After he had given you the half-sovereign did you want him to give up another half-sovereign? A. Yes, and it was upon hit refusal to pay that he was discharged.
MRS. MARY DUNCAN . I live at No. 26, Torrington-square. On the 11th of July the prisoner came to me with some goods from Messrs. Schoolbred—I have the invoice of the goods I then purchased of him—(produced)—there are eight items, amounting to 1l. 5s. 4 1/2d.—I gave him two sovereigns—he gave me 15s., and my little boy produced 4d. of halfpence.
Cross-examined. Q. Was the bill made out in pencil? A. Yes, but he signed it in ink—I did not see him make any copy of it—he cut the things off.
JOHN EDWARD POWELL . I am chief clerk to Messrs. Schoolbred and Cook. It is not usual to measure the goods which young men bring back—that was well known to the prisoner—he was discharged on the Friday night—I saw him about ten o'clock on the following morning—he wanted to explain away to me the impression that I had on my mind about the 10s. the previous evening—I told him I had nothing to do with the matter, if he belonged to my department I should have sent him away without allowing him to reply at all, I was so satisfied that he had cheated the boy out of 10s.—that was all the explanation I thought he wanted—I heard Mr. Schoolbred ask him if he had been to Torrington-square, and to give an account of the goods—he wrote this account in my presence, and it precisely tallies with that in Chaldecot's book—I have heard his account of what took place—it is substantially correct—at the end of the interview Mr. Schoolbred said, "
must give you into custody," and he asked him, "Arc you certain you have made no mistake?" and I asked him the question myself repeatedly—he said there was no mistake, he had given to the best of his knowledge all that he knew of the transaction, or words to that effect—I think he said, "Drink has done it all."
Cross-examined. Q. You do not mean to swear to those expressions in those terms? A. Yes—I will swear the words he made use of were, "It is drink that has done this"—it was not, "If there is any mistake it is through drink"—I will swear he said no such thing—he did not come there and apply to have an opportunity of seeing one of the partners—I saw no more of him after ten o'clock till six—I presumed he was gone—hecame at six o'clock of his own accord—he came into the room out of the shop with me and Mr. Schoolbred.
Cross-examined. Q. Were not these his words, "If there is any mistake it is through the drink?" A. Yes—that was in the presence of Mr. Powell.
NOT GUILTY .
ANN CARR . I am the wife of Theophilus Carr. On the 23rd of July I was coming up by the Prince of Wales steamer from Margate, and near Billingsgate I lost a purse containing two sovereigns and about 18s. in silver—the prisoner pushed me very much, and I begged him not to push me so much—that is all I know.
Cross-examined by MR. CLARKSON. Q. This was at the time the people were landing? A. Yes—I was not in a crowd at all—the prisoner was close to me, and pushed me very much indeed—I wanted to get my lug-gage—I had never seen him before.
COURT. Q. Were you coming out of the vessel? A. No—I wis looking for my luggage.
JOHN HILLIER . I am a porter, and live in St. George's—place, Southwark. I was on board the Prince of Wales steamer when she came from Margate—I saw a person, who I think was the prisoner, put his hand into the lady's pocket—I saw his hand come out of the pocket, and asked the lady what she had lost—she said she had lost her purse.
Q. How long is it since you only thought it was the prisoner? A. When I was at the Mansion-house I was very positive, but I may be mistaken—nothing has made me less positive—I am not so positive as I was then—I went for an officer, and pointed the prisoner out to him.
Cross-examined. Q. You have been asked if anything occurred since to shake your conviction of his being the boy? A. Nothing but my conscience—I thought he was the lad who did do it—I saw a boy like him on Fresh-wharf the day after the examination at the Mansion-house, and it is that has done it—I was on board a steam-boat.
Q. Did not you then say if you had not given the prisoner into custody the day before, you should have given the one you saw on Fresh-wharf into custody? A. I did say so, and that is true.
or five of them round him at the time—I took him into custody—there wai a resistance made by two who were with him—I found four sovereigns four penny-pieces, 3d., and a gold watch on him—the prisoner's solicitor had the watch by order of the Lord Mayor.
Cross-examined. Q. I suppose you have no charge respecting the watch? A. I have not—I was with Hillier the day after—he did not point out another boy on Fresh-wharf, nor tell me he had seen a boy who he should have said was the one if he had not given the prisoner in charge.
COURT. Q. Did he ever express a doubt of the prisoner being the boy to you? A. He did not.
MR. CLARKSON. Q. Were there other boys round him at the time? A. There were lads bigger than him, four or five young men—he was the smallest—the prisoner himself made resistance—he tried to get away, and so did the others, who I took down to the cabin to search—I took three—the prisoner struggled to get away—he shook himself, that was all.
JOSEPH BATE . I live at the Piazza, Covent-garden, and am foreman to Richard Burnet and his brother. On the 3rd of July the prisoner brought this request for three and a half yards of invisible green cloth, signed "John Clitherow"—he merely produced it, but I did not consider it right, he having had some previously—I said I would send the boy with him—I tied up the parcel, and gave it to the boy to go with him—he was alter-wards taken in charge.
Cross-examined by MR. DOANE. Q. Is Mr. Bnrnet here? A. No—I have been with him eleven years—I never saw the prisoner before—I saw him in custody several days after—I never had a doubt about him—I swear positively to him.
JOHN CLITHEROW . I live in Goswell-street. The prisoner lived servant with me, and has left me six months—I did not send him in July last, nor authorise him to get this cloth—the request is not my writing—I know it to be the prisoner's writing.
Cross-examined. Q. He had been with you about eight yean I believe? A. Yes, on and off.
(Mary Anderson, widow, Margaret-street, Commercial-road; Thomas Badcock, carpenter, Brunswick-street, Brunswick-square; William Chinnery, Acton-street, Bagnigge-wells; and George Pasmore, Ryder-street, Piccadilly, gave the prisoner a good character.)
GUILTY . Aged 34.— Confined Two Yean.
(There was another indictment against the prisoner.)
CELESTIN GROSREY . I am a watchmaker, and live in Newgate-street—the prisoner was in my employ. On the 23rd of April, 1844,1 gave him a watch to repair—I missed it, and inquired of all my people about it—nobody had seen it—the prisoner was apprehended about a month ago, and the ticket found on him—the watch produced is mine, and what he hud to repair.
Cross-examined by MR. HORRY. Q. Was he to take it home to repair? A. Not this one—he came to me with a good character, but he was rather in distress—a friend had recommended him.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined One Year.
NOT GUILTY .
GUILTY . Aged 18.— Confined One Year.
ROBERT PHILLIPSON BARROW . I am a wine-merchant, and live in Old Broad-street. On the 2nd of Aug. I saw the prisoner in the warehouse about twelve o'clock—he had no business there—my porter complained of losing a bottle of wine—the bottle produced is mine—it has my seal, and is full of wine.
Prisoner. Q. Did I say anything to you? A. You asked for some name.
ROBERT PACKMAN . I am an officer. I was on duty in plain clothes, and met the prisoner in Austinfriars with something bulky under bis jacket—I followed him into Broad-street—he crossed over to a woman who kept a fruit-stall, said something to her, and gave her a bottle, which she put under her basket—I followed him round by the Bank—he went down a passage into Broad-street, and went towards the woman again—I got to the woman at the same time as him, and asked what he had under his jacket when he passed down Austinfriars—he said he had nothing at all—I took the bottle from the woman's basket, and asked her whose it was—she said she did not know, but a man had left it there, and was to call for it in half an hour—I am sure it is what the prisoner had given her, for I had seen the label on the seal.
Prisoner. Q. Why not take me at first? A. I thought you belonged to some house, and were robbing them a little at a time, so I followed you to see where you went—you did not speak to the woman when I came up—I found a certificate on you certifying that you were a returned convict.
Prisoner's Defence. I never had the bottle of wine; I came to this country in care of a foreign nobleman, Count Voronzo, of Russia; I was formerly afflicted mentally, and this nobleman, to oblige my friends, brought me to this country, thinking to improve my mental faculties; I have been seriously afflicted here, aud been obliged to apply narcotics to allay the
irritation of my mind; I was going to the Baltic, but put into the Yarmouth Roads, and being very ill the captain would not take me; my reason vas gone; I was with Count Voronzo as a companion for three months; he was not above a month in London; I came to London inquiring for John Poulet Thompson, and was informed he was not in existence.
GUILTY . Aged 55.— Confined One Month.
MR. DOANE conducted the Prosecution,
WILLIAM BARTLETT . I am a baker, and live in St. Mary-axe—I have ilso a shop in Houndsditch—the prisoner has been in my service there abont four months—in consequence of suspicion I consulted Childs, the constable, and on the 13th of Aug. marked 5s., worth of copper money and put it into the till, with 5*. worth unmarked, and locked the till at eleven o'clock at night, after business was over—it was the prisoner's duty to come at half-past eleven o'clock to work—he came—I went into the shop about seven o'clock next morning, unlocked the till, and missed 1s., 10d., of the marked money—he left my premises about half-past one o'clock that day—I went out just before him, and called the officer's attention to him—I have examined my till and found a person could get money out by removing the drawer adjoining the till, as there is a small gap between the top of the counter and the till, where two fingers might be inserted—I saw the prisoner searched at the station, and 6d., worth of the marked copper found on him, and a cake of gingerbread in his hat.
Cross-examined by MR. PARRY. Q. How many persons have you in your employment? A. A shopman and journeyman, besides the prisoner—Jennings, my son-in-law, was employed in the shop—the prisoner has a wife and one child—Jennings did not induce me to suspect him—there were some words between them about a fortnight before—I kept the key of the till all night, but after finding the money gone I gave it to Jennings—I do not consider it would take an hour to get 1s. 10d. out of the till—it would depend on the quantity of money in it, how near it was to the top—I did not try to take money out myself—the journeymen get 1d., perquisite for millers' sacks—I never saw any pence left on the shelf.
MR. DOANE. Q. Had Jennings anything to do with the marked money? A. Nothing whatever—I kept the key all night—the prisoner had no business at the till at night—he might get at it by a false key.
WILLIAM CHUILDS . I am beadle of Trinity-square—Mr. Bartlett consulted me—I marked some of the money myself and saw it placed in the till, which he locked, and put the key into his pocket—I went there next morning at seven o'clock—Bartlett then opened the till—I counted the money and missed the 1s., 10d.,—the halfpence produced I can swear are the identical ones marked.
MR. BARTLETT. This gingerbread corresponds with mine.
Cross-examined. Q. Did you search any of the other men? A. No—I found no key on him.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Six Months ,
GUILTY . Aged 31.— Transported for Seven Years.
1603. JOHN RICHARDS and JOHN JONES were indicted for feloniously breaking and entering the dwelling-house of John Crane, on the 17th of July, at Hendon, and stealing therein, 1 coat, value 2s.; the goods of George Hanshaw; and 1 waistcoat, 6d.; 1 shawl, 6d.; and 1 blanket, 2s.; the goods of John Crane.
MARY CRANE . I am the wife of John Crane, and live in Childshill-lane in the parish of Hendon—it is our dwelling-house—we live and sleep there—on the 17th of July I left home about half-past six o'clock in the morn-ing—I fastened my house, locked the door with a padlock, and tied the garden gate with a string—I left my husband's waistcoat, a shawl, and blanket all safe—the policeman fetched me home between four and fire o'clock, and I missed the articles stated—those now produced are them.
JOHN CORDELL . On the 17th of July, after dinner, I saw the prisoners in a field about a mile and a quarter from the prosecutor's house—Jones had a bundle—Richards was at a fruit-tree, picking cherries—they both ran away together—we chased them to Goulder's Green, and pulled them out of a ditch there—I found the bundle in the ditch—I gave it to Richards to carry to the station, where it was delivered up to the police—it contained the articles stated.
WILLIAM TREE (police-constable S 217.) The prisoners were given into my custody at the station-house—I searched Richards, and found on him a blanket, waistcoat, and shawl, wrapped up in a white smock which he had on—they each had a knife.
GEORGE HODGES (police-constable S 219.) I went to the prosecutor's house—I found the garden gate untied, and the front door, which had been previously fastened with a padlock outside, opened—the staple was torn off—I went in and found the boxes and drawers broken open, and the bed turned up—I fetched Mrs. Crane, who missed these articles—I saw Tree take from Jones's neck next morning, this part of a handkerchief, which corresponds with a strip which was in the bottom of the smock the stolen property was in.
MRS. CRANE re-examined. This coat is my son's, George Hanshaw's—the rest of the property is my husband's.
Richards's Defence. I never broke into the house; I found the things under a hedge, at Barnet.
Jones's Defence. We found them under a hedge, tied in the shawl, by the Swiss cottage.
RICHARDS— GUILTY . Aged 19.
JONES GUILTY . Aged 17.
Confined One Year.
ESTHER SMITH . I am single, and live with my brother-in-law, Thomas Durrant, who keeps the Hop-pole public-house, Hammersmith. On Wednesday, the 9th of July, the prisoner came and wanted to know if Mr. Halford, the surgeon, dealt there—she said, "I want a pint of rum for Mr. Halford"—I gave it to her, believing she wanted it for Mr. Halford, and that he had sent her—he dealt with us.
LYDIA SMITH . I am last witness's sister. On the Thursday the prisoner came, and wanted a pint of rum, for Mr. Halford—I asked if it was for Mr. Halford, over the way—she said "Yes"—in consequence of that I gave it to her.
EDWARD HALFORD . I am a surgeon, at Hammersmith, living opposite Mr. Durrant—I do not know the prisoner, and did not send her on either of these occasions, for a pint of rum—I did not authorise her to go and get any.
Prisoner's Defence. I certainly did fetch the rum, hut not with the intention of defrauding any one; I sent to pay for it next week, hut they refused to take it.
(The prisoner received a good character.)
GUILTY . Aged 25.—Recommended to mercy.— Confined One Month.
OLD COURT.—Wednesday, August 20th, 1845.
Third Jury, before Mr. Justice Wightman.
1605. THOMAS PEAT was indicted for feloniously forging and utter-ing a hill of Exchange for 150l., with intent to defraud Abraham Wildey Robarts, and others. Other COUNTS, varying the manner of stating the charge.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ABRAHAM WILDEY ROBARTS, ESQ . I am one of the firm of Robarti, Curtis, and Co., hankers, in London. There are three partners besides myself—Mr. Richard Latham has been a customer of our house for many years—this letter marked D, and the bill enclosed in it marked C, wat brought to our house on the 30th of Dec. last—it was brought to me by our head clerk, and I sanctioned the discounting of it—no bill would be discounted without my sanction.
Cross-examined by MR. BALLANTINE. Q. Did you pay the money? A. No—I made out a ticket and gave it to the cashier to pay the money—the person waiting for the discounting of the bill was in the passage—I saw him.
MR. BODKIN. Q. I believe you have no recollection whatever of the person? A. Not at all—it was a man.
ROBERT MORRIS . I am cashier to Messrs. Robarts and Co. On the 30th of Dec. last, I paid the money upon this 150l. bill of exchange—I have an entry here of the notes I paid, one 100l. note, No. 11,504, dated 9th of Oct.; one 40l., No. 60,554, dated 7th of May; and one 5l., No. 15,486, dated 3rd of Oct.—these are the three notes I paid—(looking at them.)
ALEXANDER ROBERTSON . I am clerk in the issue department of the Bank of England. On the 30th of Dec. last, I paid gold for these three notes—it is the custom to require the name and address of the party applying—the name of John Jones, 12, Lower Eaton-street, Pimlico, appears on these notes—I do not remember whether I saw that written.
Cross-examined. Q. What time of day were they paid in? A. In
the afternoon—I have no doubt there were other clerks in the office at the time—the person presenting the notes stands in front.
MR. BODKIN. Q. A good many persons come to change notes? A. Several hundreds in the course of a day—I cannot at all remember the features of the person.
DENNIS M'DONALD . I am the manager of a Loan office, in St. John-street, Clerkenwell. I have known the prisoner three or four years, and have transacted loans for him—I have seen him write, received letters from him, and had opportunities of becoming acquainted with his handwriting—I believe this bill of exchange to be the prisoner's handwriting, also this letter, and the name and address on these notes I also believe to be his writing.
Cross-examined. Q. Did you know him as a cab proprietor? A. Yes, and before he was a cab proprietor—I have understood from him lately that he has had two or three cabs—I was not acquainted with his circumstances except from himself—he is not at all in my debt now—believe the whole of this bill of exchange to be his handwriting, both the signatures of Joseph Smith and Richard Latham, and also the endorsement of Joseph Smith, I believe it all to be the same handwriting—I found my opinion on the general appearance of the writing—I could not undertake to describe it—I have a perfect recollection of the first letter "J" on the bank-notes—the letters are a facsimile of writing I have seen of his—I cannot describe the formation of his capital E or S; in fact I could not describe a letter of my own, but I know the writing when I see it—there is that variation in his writing which a difference of pen may make; I know of no other—I was first called on on this subject about three months ago, by Forrester—he did not tell me he had taken the prisoner into custody on a charge of forgery—he did not show me these instruments then—he showed me a 50l. note with my andwriting upon it—he showed me these some week or two after, it may be three—I do not know that he showed me them at all—I have seen them, but whether in the hands of Forrester or another person I cannot tell—I do not think he did show me these bills—I think Mr. Bush did—the prisoner was not taken into custody when Forrester first saw me—when he showed me the note, he asked me if I knew the writing and the person's address, and it was from that address that he arrested the prisoner—it was before he was taken into custody that I was shown these notes and the bill, and after Forrester had shown me the 50l. note—I have been shown other notes as well—(looking at some writing on the outside of the letter)—I should not think this was the prisoner's writing.
HENRY FLEAR . I am clerk in the Loan-office, in St. John-street-road. I have known the prisoner from two and a half to three years—I have seen him write, and am acquainted with his handwriting—I believe the whole of this bill, marked C, to be the prisoner's handwriting, decidedly—I have the same opinion of the letter marked D—the name of" John Jones, Lower Eaton-street, Pimlico," on these three notes, I believe to be the prisoner's handwriting.
Cross-examined. Q. Of course you have seen the prisoner write very often? A. Not very often—I cannot state more than twice—I have frequently seen him on the subject of letters that he has written—on one occasion when I saw him write, he took down the name and address, and
number of the cab, &c., of a person in the same line of business as himself, about whom we wished him to make some inquiries—I saw him write that—Mr. Macdonald did not write those particulars—he was present, but the prisoner wrote it on a slip of paper, which he took away.
MR. DOANE. Q. What was the other occasion on which you saw him write? A. When he endorsed a bill—I have not seen him write at other times, but I have seen letters of his, and frequently acted upon them.
GEORGE HENRY BRACKETT re-examined. This letter came to our house on the 16th of Sept., 1843—a 150l. bill was inclosed in it, which we discounted that day—it was drawn by Mr. Latham on Mr. Smith—I gave a memorandum to the cashier, Mr. Morris, to pay that bill—I have here a memorandum in my own handwriting, referring to a bill of 75l. of the 9th of March, 1844, drawn by the same party on the same party—that bill was discounted by our house on that day—I paid it with five 10l. notes, Nos. 23929 to 33, dated 3rd Feb., 1844, and four 5l. notes, Nos. 44239 to 42, dated 1st Feb., 1844—this is the letter, marked E, that came with that 75l. bill—I made this calculation of the interest on the back of it.
ROBERT MORRIS re-examined. I paid the 150l. bill on the 16th of Sept., 1843, less the interest, with two 50l. notes, Nos. 24667 and 68, dated 6th July, 1843, and four 5l. notes, Nos. 55723 to 26, dated 13th July, 1843.
RICHARD JOHN SYKES . I am a clerk in the issue department of the Bank of England. On the 9th of March, 1844, I paid gold for these three 10l. notes, Nos. 23929 to 31—the name of John Turner, St. John-street-road, appears on these notes.
JOSEPH REECE ADAMS . I am a clerk in the fertile department of the Bank of England. On the 16th of March, 1844,1 paid gold for these two 10l. notes, Nos. 23932 and 23933, and two 5l. notes, Nos. 44239 and 44240—the name of "Joseph Turner, 21, St. John-street," appears on the notes.
MR. BRACKETT re-examined. This bill for 350l., and the letter annexed to it, was brought to our house on the 29th of July, 1844—it was discounted on that day—I did not pay the money.
HENRY BARRON . I am a cashire at Messrs. Robarts. On the 29th of July, 1844; I paid the discount of this 350l. bill with a 300l. note, No. 49099, dated 11th. Jan., 1844; a 30l. note, No. 37794, dated 6th March, 1844; a 5l. note, No. 17099, dated 2nd July, 1844; and 4l., 9s. in money.
JOSEPH DERMER . I am a clerk in the Teller's-office, Bank of Eng-land. On the 3rd of August, 1844, I changed a 300l. note, and gave two 100l. notes, Nos. 65231 and 65232, dated 9th May, 1844l.; a 20l. note, No. 13233, dated 5th June, 1844; and one 5l. note, No. 51957, dated 2nd July, 1844; and the remainder in gold—the name on the 300l. note is "John Thomas Jones, Ebury-street, Pimlico."
HORATIO WIGGINS MORRIS . I am a clerk in the Tellers-office, Bank of England. On the 29th of July, 1844, I gave gold for these 30l. and 5l. notes—I did not take the numbers—I took the name of the person who gave them to me—I find the name of "John Thomas Jones, 20, Ebury-street,
Pimlico," on this 30l. note—I took that name down in a book from the note—the number is 27794, and the date is 6th March, 1844—the number of the 5l. note is 17099, and the date 2nd July, 1844, and it has the same name and address.
FREDERICK WILLIAM BRACKETR . I am in the employ of Messrs. Robarts and Curtis. On the 5th of Sept., 1844, two bills of exchange, one for 150l. and one for 75l., which had been discounted by our house, were taken up and withdrawn—they were the two bills which have been spoken to, the letters inclosing which have been produced—they were not then due—this letter marked "F" came to our house on the 5th of Sept. on the subject of withdrawing those bills—I did not receive it myself—I found it on the file upon which we deposit our letters—I received these bank notes in payment of those bills, two 100l. notes, Nos. 65231 and 05232, dated 9th May, 1844; one 20l. note, No. 13233, dated 5th June, 1844; and one for 5l., No. 51957, dated 2nd July, 1844—these are the same notes—the numbers correspond.
DENNIS M'DONALD re-examined. This letter marked "E," relating to the 75l. bill, I believe to be the handwriting of the prisoner. On the 16th of Sept. 1843, the prisoner paid me this 50l. Bank of England note—I wrote on it at the time the prisoner's name, the date of the month sod year, and my own name—I find that on this note—I received it personally from him.
Cross-examined. Q. Do you recollect in Jan. this year hating any transaction for loans with the prisoner? A. I cannot recollect particularly in Jan.—I have none of my books here—some four months ago I lent him about 12l.—I have no recollection of lending him any other money this year—there are no other persons in the office that lend money—I have lent him 5l. on many occasions—I cannot recollect whether I lent him 5l. in Jan.—if he asked me I should have done it—I do not recollect what time of day this 50l. note was brought to me—I am quite certain I received it from the prisoner—he owed me a great deal more, but I do not think he paid so much as that—I cannot recollect what be owed me at that time—I gave him something out of the 50l.—he never paid me so much as 50l. at one time—the 12l. I lent him four months ago has been repaid.
MR. BODKIN. Q. Look at the name of "Pitt, Drummond-street, Euston-square," on the back of this other 50l. note. A. I cannot form any opinion about that—I have no recollection that the prisoner ever lived in Drum-mond-street—the name of Turner, and the address on these 10l. and 5l.,. notes, I believe to be the prisoner's handwriting—the name and address of John Thomas Jones, 20, Ebury-street, Pimlico, on this 300l., 30l., and 5l. notes, I believe to be the prisoner's handwriting—this 350l. bill and this letter marked "B," I believe to be the prisoner's handwriting, also this letter marked "F."
MR. BALLANTINE. Q. How many letters have you received from the prisoner? A. Several—I cannot say how many—I have not kept any—I have none of his handwriting here—I have at home, applications for loans and promissory notes, which have been paid but not taken away.
HENRY FLEAR re-examined. This letter marked E, I believe to be the prisoner's handwriting—the name of Pitt, on this 50l. note, I believe to be the prisoner's writing, notwithstanding its being illegible—it is very illegible—the names of John and Joseph Turner, on these 10l. and 5l. notes, I believe to be the prisoner's handwriting, with the addresses.
Cross-examined. Q. The word Pitt is, in your opinion, in the prisoner's writing? A. It is, and "Drummond-street" likewise—I have not, perhaps, so strong a belief upon that as the other, but I believe it very much resembles the prisoner's handwriting—I am nineteen years old—I have been three years in the Loan-office, before that I was in a law stationer's office.
MR. BODKIN. Q. As a law stationer do you necessarily see a good many different forms of handwriting? A. Yes—I can form no opinion as to the words "Euston-square"—I believe all the rest to be in his handwriting—the name John Thomas Jones, on these three notes, the 300l., 30l., and 5l., I believe to be the prisoner's handwriting, and the addresses also—this 350l. and the letters accompanying it, marked B, I believe to be the prisoner's handwriting, also this letter marked F.
JOHN WAITE MURPHY . I am clerk to Messrs. Bush and Mullens. I served a notice on the prisoner last Session to produce the two bills of exchange spoken of—I also served one yesterday—I have a copy of the notice.
Cross-examined. Q. Were you at the Mansion-house attending the examination? A. Yes—Mr. Duncombe, a solicitor, attended on the part of the prisoner—Mr. Bush attended on the part of the prosecution—Mr. Duncombe requested that the prisoner's friends might be permitted to see the forged documents—Mr. Bush refused to allow it unless in his presence, ind he had an opportunity of cross-examining them—he would not allow them to see them unless they were brought and sworn before the Lord Mayor, and examined upon them.
MR. BODKIN Q. The bills were then before the Lord Mayor the subject of this charge? A. Yes—Mr. Bush proposed that any witness might see them, and be examined as to their belief or not, in the presence of the Lord Mayor.
RICHARD LATHAM ESQ . I reside at Queen's-road, Bayswater. I was formerly a partner in the house of Meux and Co.—I kept an account at Robarts and Curtis, and have continued to do so up to the present time—the prisoner was in my service about ten years ago, and looked after a pony of mine—he has not worked for me siuce—his father has—I understand the prisoner has been driving a cab lately, and his father also—the father was employed by me some few months ago, and has been for thirty years—at the time the prisoner lived with me I had an account at Robarts's, and sometimes drew checks on that house—the prisoner had no opportunity of knowing that—at that time I used to pay all my tradesmen's bills with checks, but lately I have not drawn for less than 100l. at a time—I never gave the prisoner a check—he did not live in my house—I believe he lived with his father—I do not think I ever sent any of the small checks to the tradesmen by any of my servants—this bill and letter marked C and D are not my writing, and were not written by my authority or knowledge—this other letter is not my writing—it is dated from my right address, Queen's-road, Bayswater—this 350l. bill is not my writing, nor the letter that accompanied it—it is a forgery—I know nothing of this letter marked F—I never sent any of these bills to Robarts's house to discount for me—I have not given them a bill for the last seven years—I know nothing of this letter marked E—I have lived in Queen'R-road. Bayswater, upwards of thirty years—I had a place in town, but the prisoner did not live at all with me there—he was employed at Bayswater—I have a friend named Joseph Smith—I was not acquainted with him at the time the prisoner lived with me—he lives in Gray's Inn—I have been
acquainted with him many years, but not in habits of intimacy as I am now—he has been in the habit of coming to my house in Queen's-road for the last four or five years, I should suppose—the prisoner's father was in my employment at that time.
Cross-examined. Q. When the prisoner was in your employment he was a mere lad? A. He was—I had no fault to find with him—I have not charged any other person with having committed these forgeries—I may have thought others were about me as well—my suspicions have not been excited as to any other person—I have no suspicion of any other individual—I have not charged any other individual in any shape or way—I cannot tell you what has been operating on my mind, but I have suspected no one—there were persons that might know my affairs very well, but I have not suspected them.
JOSEPH SMITH ESQ . I am a barrister, living in Gray's Inn. I hare been acquainted with Mr. Latham for a great many years—my name to this 150l. bill, marked C, is not my handwriting—I never authorised anybody to sign it for me—I know nothing about it—my name to this other bill is not my handwriting, nor written by my authority—I never drew a bill on Mr. Latham in my life—I have been in the habit of visiting him at Bayswater frequently—I am not conscious of ever having seen the prisoner before today—I have frequently seen the father there.
JOHN FORRESTER . I am an officer of the City of London. I took the prisoner into custody on the 22nd of May last, in Bouverie-street, Paddington—he was in the street in company with my brother, who had seen him first—I have inquired with respect to the addresses on the Bank notes, Lower Eaton-street, Pimliso, St. John-street, and Drummond-street—I found no such persons as are indicated by those addresses—I do not know that the prisoner ever lived in Drummond-street—I have heard so.
Cross-examined. Q. You know where he lives now? A. Yes, with his father—I have had these notes in my possession—I have taken them to show the prisoner's handwriting to about three or four persons, perhaps more—I do not see any of those persons here today, except Mr. M'Donald and Mr. Flear—I cannot say whether the bills and letters have been in my brother's possession.
DANIEL FORRESTER . I am an officer of the City of London. On the 22nd of May, I saw the prisoner in Bouverie-street, Paddington—I stopped him, and asked if his name was Thomas Peat—he said "Yes"—I told him he was charged with uttering three forged bills—he paused for half t minute or a minute, and said, "How do they make out it is me?"—I had not then given him any particulars of the bills—I told him that his name appeared on some of the notes—he said, "That cannot be"—I told him the bills had been uttered at Robarts and Curtis'—he said, "I never was there"—my brother came up just at the time—I then told him who I was, and he must come into the City with me—we all came together—I had seen the name of Peat on a note—I cannot say what note it was—I do not think I had made any inquiry in Drummond-street before I saw the prisoner—I had seen this 50l. bill, which has the name of Peat on it written by Mr. M'Donald.
The documents were here read, as follows:—A bill marked C, dated 28th Dec, 1844, for 150l., at six months, drawn by Joseph Smith on Richard Latham, Queens-road, Bayswater. Letter D. "Saturday, Dec. 28, 1844. 65, Queen's-road, Bayswater. Messrs. Robarts,—Please to discount the enclosed bill of exchange, bearing my signature, for
bearer, and you will oblige, yours, &c. R. LATHAM." The letter marked E accompanying the 75l. bill, was similar. The 350l. bill was dated 27th July, 1844, at nine months, drawn by Joseph Smith on Richard Latham; and the letter enclosing it to Messrs. Robarts, purported to be from Mr. La-thorn. Letter F. "Queen's-road, Bayswater, Sept. 4,1844. Messrs. Robarts and Co.,—Please to return to me by bearer the two bills of exchange discounted for me by your house, and bearing my acceptance, both being drawn by Mr. Joseph Smith, one for 75l., at six months after date, dated 9th March, 1844; and one for 150l., at twelve months after date, dated Sept 1843. As I am about leaving town for a short time, I may be out of the way when they become due; as the time is so near I should prefer having them before I leave, which will greatly oblige. Yours, &c. R. LATHAM.
GUILTY . Aged 25.— Transported for Life.
1606. EDWARD LONG was indicted for stealing, in the dwelling-house of Solomon Harris, on the 8th of Aug., at Hillingdon, 1 chimney ornament, value 1s.; 3 forks, 2s.; and 1 table-cover, 1l.; his property.: one Maria Harris being in the same dwelling-house, and bjf bit menaces and threats being put in bodily fear.
MR. CLARKSON conducted the Prosecution.
MARIA HARRIS . I am the wife of Solomon Harris, who lives on his property at Uxbridge, in the parish of Hillingdon. On Friday, 8th Aug., about noon, I went into the parlour, and saw the prisoner behind the door, with the large stick now produced in his hand—I asked what he came there for—he directly struck me with the stick on the side of my head, and said, "That is what I came for"—(I had seen him that morning in front of the house and supposed him a beggar)—he struck me all round and across the room on my head, shoulder, and arm—I imagine I raised my arm to protect my head—I fell from the blows—he then stood over me and said if I screamed he would knock my brains out—I was screaming, and he said, "What, you have not had enough, have not you?" or something to that effect—the servants, Lucket and Miles rushed into the room—when Miles saw it was a man she ran back to give the alarm—the prisoner rushed to Lucket—she screamed, and he told her if she screamed he would knock her brains out—I was on the ground—the parlour door was only latched, but when Lucket came in the prisoner bolted it—I saw when I entered the parlour that the window was open—Lucket lifted me up—I felt agitated—I did not feel the extent of the injury I had received till I jumped out of the window—I did not fall, but came on my feet (Lucket endeavoured to prevent my jumping out) my husband came out to me—I ran round the premises and gave an alarm—my mouth was bleeding and my jaw very much injured—my teeth were loosened from the blows, and my head very bad—I had an immense lump on the side of my head—my arm and shoulders were very much bruised—I had not offered to seize the prisoner, or commit any violence on him, I only said, "What have you come for?"—Roadnight, the police-sergeant, afterwards produced a chimney ornament and three table forks, which are my husband's property—I was very ill and confined to my bed for about a week, attended by Mr. Stillwell—a table-cover was afterwards produced to me which is my husband's.
the 8th of Aug., I heard mistress screaming, and went to the parlour—the door was shut but not bolted—I went in and found mistress lying on the floor and the prisoner standing at the table, close to mistress, with the stick produced in his hand, holding it up as if attempting to strike her—I screamed, and he turned to me and said if I screamed he would knock my brains out—he shut the door which I left open, and I think he bolted it—I could see mistress had been very ill used—I saw her hand to her head while she was on the ground—I lifted her up, and she attempted to get out of the window—I endeavoured to prevent her—she was very much alarmed—Miles came up, screamed out, and ran for master—I saw blood on mistress's lips—she at last succeeded in getting out of the window—she was going out on her head, but I turned her back again, and she went out on her feet—the prisoner stood in the room—I asked him to let roe go out of the room—he opened the door and let me out—I left him in the parlour—Powell came—I was much alarmed and fainted—the table-cover, forks, and chimney-ornament were shown to me by the officer—they are master's—the table-cloth was rolled up on a chair when I went into the room—I had not been there that morning before—the forks were kept in a drawer under the cabinet in the parlour.
ELIZA MILES . I am in the prosecutor's service. I was alarmed by mistress' screams, went into the room, and saw the prisoner standing by the table with a stick in his hand—I did not see mistress—I went to fetch master from the garden—I had been in the parlour between nine and ten o'clock that morning, opened the window, and left it open, it was the window which mistress jumped out of—the table-cloth was then on the table—I had not rolled it up and put it on the chair—the chimney-ornament was on the side table—I had not seen the forks for some days—next morning I saw where an instrument had been put in to force the cabinet, and found under the sofa-pillow a fork—there were marks on the cabinet-drawer as if it had been forced by the fork—I left the fork there—a portion of the bead-ing of the cabinet was under the sofa-pillow with the fork—it was safe that morning.
SAMUEL POWELL . I am a sailor. I was working near the prosecutor's premises, on the 8th of Aug., between eleven and twelve o'clock, and heard screams of murder and a groaning—I looked and saw Mrs. Harris coming out at the front parlour window, which is about five feet from the ground outside—I then saw Lucket, the servant run out screaming—I had no shoes on—I ran down and had not quite got through the outer gate, when Lucket caught me by the arms—in consequence of what she said I went to the window, and Mr. Harris said, "This is the room the villain is in"—the window was still open—I got in at it and saw the prisoner standing with the stick in his right hand—he held it up, and said the first b—r who came into the room he would knock his brains out—as I got in at the window I stepped on a chair—he directly threw the stick down, and said, "I will surrender, I am a housebreaker"—I collared him—he had no shoes on, they were under a chair behind the door—the room was soon full of people—I kept hold of him—he asked for his shoes—I said he should do as I did, walk without them—I took him about 150 yards, and met sergeant Roadnight, who took him—as I walked him down the street he said he was bl—y glad he was taken, that he came either for money, or else to be transported—as we walked to the station he said, "Stop a minute," he produced from his pocket three forks and a chimney-ornament,
and said, "Here, old fellow, this is enough for you," and gave them to the police-sergeant—he said he never would have been taken, only he was in fear of the bl—y bull dog in the front of the house being turned in upon him—Mr. Harris keeps a large dog.
RICHARD ROADNIGHT . I am a policeserjeant. In consequence of the alarm I went towards the prosecutor's house, and found the prisoner in the hands of Powell and several people—I took him, and on the road to the station he pulled out three silver-mounted forks and a chimney-ornament, and said, "That is enough for you"—I have no reason to think he was drunk or out of his senses—he said he got in at the window, sat in a chair, pulled his shoes off, took a letter from the drawers he took the forks from and read it—Uxbridge is a township in the hamlet of Eiling—I lodged him in the station, returned to the house, and found the table-cover rolled up on a chair close to the parlour window—Mr. Harris, next day, gave me a piece of beading and a fork—I applied the beading to the cabinet, and have no doubt it had formed part of, it—there was a place where the fork had been to wrench it off, which would enable him to open the drawer—the beading exactly fits the cabinet—when I was taking the prisoner before the Magistrate next day, he asked if he should have his hear-ing that day—I said I thought the lady would not be able to appear from the blows she received—he said she came into the room making a noise, and he struck her to make her quiet, that he sawed the stick from his father-in-law's pigsty—that he came down into the country to get money or be transported—Page gave me the stick—when I went to Mr. Harris's house I found a knife on the table, where the table-cover had been—the prisoner claimed it as his.
CHARLES PAGE . I am a builder at Uxbridge—I went to the house in consequence of the screams—I found the prisoner in the parlour in charge of Powell—this stick was on the ground near him—I took it and gave it to Roadnight.
JAMES STILLWELL . I am a medical man, residing at Uxbridge—I was fetched to Mrs. Harris between twelve and one o'clock, and found her lying on the sofa in the bed-room—she had a severe contusion on the side of the head—the mark of severe blows in front of the ear and behind the ear, and on the neck and shoulder on the same side—her arm was much bruised from the wrist to the elbow—her chin was bruised, and the inside of the mouth cut from being pressed against the teeth—it must have been from a severe blow on the chin—there was a very large swelling on the side of her head, as large as a common sized teacup, and a considerable quantity of extravasated blood—she was confined to her bed some days—she was in a very serious state, but no symptoms of danger supervened—it was necessary for her to keep her bed—I have attended her till now.
RICHARD ROADNIGHT re-examined. I was present at the prisoner's examination before the Magistrate—he was asked if he wished to say anything, and was cautioned—what he said was taken down in writing, read to him, and he put his name to it—this is it—(read)—"I confess I done the robbery, and am sorry I hurt the lady."
Prisoner's Defence. I did not know what I was doing; I did it without a minute's thought; I never did anything like it before.
(Thomas Langton, Mrs. Gatland, and Eleanor Taylor, gate the'prisoner a good character.)
GUILTY .* Aged 19.— Transported for Fifteen Years.
1607. LOUIS DE BRETT was indicted for stealing, on the 19th of July, 1 handkerchief, value 6d.; 13ozs. of tobacco, 3s.; Hozs. of thread 1s.; 1 knife, 3d.; and 13 halfpence; the property of the St. Katherine Dock Company, his masters, in a vessel in a port of entry and discharge.
MR. CLARKSON conducted the Prosecution.
JOSEPH HOLDWAY . I am constable of St. Katherine's Dock. On Saturday afternoon, the 19th of July, about three o'clock, the prisoner was brought to my house—he was rather intoxicated, but aware of what he wai doing—M'Gregor and Jones complained, in his presence, of his having stolen things from their chests, on board the Speedy, which then lay in the Dock, that he had taken some tobacco from them, and that they had also lost a 4d. piece and some halfpence, rolled up in paper—I took 1 paper out of his right-hand pocket—M'Gregor said, "That is mine, and you will find a 4d. piece and some halfpence in it"—I found a 4d. piece and 6 1/2d. in copper—I took from him two heads of tobacco—Jonei claimed a knife and some thread which were in his left-hand pocket—the prisoner said, "Have mercy on me; I don't know what to say about it"—he was rather the worse for drink—the prosecutors are both gone to set.
NOT GUILTY .
OLD COURT.—Thursday, August 21st 1845.
Fourth Jury, before Mr. Common Sergeant.
1608. PAUL COOPER was indicted for burglariously breaking sod entering the dwelling-house of John Belgrave Guaroni, at St. Mary Abbott's, Kensington, with intent to steal, and stealing therein, I magnifying-glass, value 1l. 10s.; 1 pocket-book, 2s. 6d.; 1 pencil-case, 4s.; 1 pair of compasses, 1s.; 1 lancet, 1s.; 2 sovereigns, and 6 half-sovereigns; hit property; to which he pleaded
GUILTY . Aged 21.— Transported for Ten Years ,
1609. GEORGE WELFARE was indicted for burglariously breaking and entering the dwelling-house of Thomas Pash, about the hour of eleven in the night of the 9th of June, at Hornsey, with intent to steal, and stealing therein, 4 coats, value 3l.; 3 waistcoats, 10s.; 1 cloak, 6s.; 7 handkerchiefs, 6s.; 1 pair of shoes, 4s.; 2 collars, 1s.; 2 shirts, 1s.; and 2 yirdi of calico, 1s.; his property.
MARY PASH . I am the wife of Thomas Pash, and live in a cottage in Green-lanes, in the parish of Hornsey; he is a toll-collector. On the 9th of June I locked the cottage safe at a quarter-past nine at night, and went to my husband at Hornsey-gate—I returned about half-past niae next morning, and found the housedoor as I had left it, but, on entering, found the back room window opened—it had no shutter—it had been buttoned inside—(he button was undone, and the window forced open—the window was broken, and the articles now produced all gone—I know the prisoner—he was once a toll-collector—he was never at my house but once.
GEORGE EARLY . I live in a cottage at Ball's-pond, and know the prisoner. On the 9th of June, about eleven o'clock at night, he came crying to me, and said his uncle and aunt were dead—he asked if I knew him—I said, "What is your name?"—he said, "Welfare; I used to work with you eightor nine years ago"—I then recollected him—he had a bundle with him, and said he had no money, victuals, or lodgings, and asked me to give him a bed—I
said be could lay on my sofa; that I was going to move some goods, and should not see him in the morning; I went out, and when I came back, about nine in the morning, he sold me the old things produced for 11s.
Prisoner. Did I not tell you I had found the things in. the Green-lanes, and saw a man and boy run away? you said, if they would fit you, you would give 11s. for them, and you got me to spend all the money in beer. Witness. It is not true.
Prisoner's Defence. I was going along, and saw a man and boy; they watched me a good way; I saw them run away; I followed, and saw these old clothes under the hedge; I took them up; I passed the policeman, who said, "Good night;" whtn I got to the lamp-post I looked at the things. I saw Early at his house; he said, "What have you there?" I said, "Some old things I picked up in Green-lanes;" he looked them over, and said I could stop till the morning.
GUILTY of stealing only. Aged 23.— Transported for Seven Yean.
Before Mr. Justice Wightman.
BASS pleaded GUILTY . Aged 19.— Transported for Life.
MR. DOANE conducted the Prosecution.
FREDERICK JAMES FULLER . I am secretary and weekly auditor of the Paddington Savings Bank. I remember a person named Henry Mitchell becoming a depositor in the bank on the 7th of Dec. 1844—I find an entry of eight deposits altogether—I entered the first myself—on the 9th of June, 1845, the prisoner Newton brought Mitchell's pass-book to have 2l. entered—I have seen her three or four times at the bank, but cannot say when—her face was familiar to me—a notice was given to withdraw the deposits, which would expire on Monday, the 30th of June—I was on doty then, and had the money ready—the two prisoners came to the bank, and this pass-book was presented as usual—it was Mitchell's pass-book—(we take the signatures of depositors in a book when they first make a deposit, and enter where they live, their occupation, and age—that forms: a check against wrong persons coming)—Bass signed the acquittance-book, Newton standing by him tt the time—upon looking at the original signa-ture I said to Bass, "You occasionally alter your handwriting a little; pray, how old are you?"—he said, "Twenty-five"—that might correspond with the original entry of Mitchell's age, which was stated at twenty-four at the time of signing—Newton then turned round and said, "You are' not quite twenty-five, recollect"—I then said, "Pray, where do you live? and directly those words were out of my mouth, Newton turned round again and said, "No. 7, Welling's-place," which corresponded with the original entry—I said, "Have the goodness to stand back a little, let him answer for himself—she retired a step or two back—I then took a a slip of paper and said, "Have the goodness to write your name over again, as you formerly wrote it"—he wrote it twice if not three times, which satisfied me, as far as that went, that it was the person who originally deposited the monies, and, to the best of my belief, I asked bin, "What trade are you?—his answer was, "A sawyer 11—I then signed my name to an order to the cashier to pay the money—Samuel Allen is
one of the trustees of the bank, and there are several others—the amount was 44l. 19s. 2d.
Cross-examined by MR. CLARKSON. Q. Do you know anything of Newton? A. No—I was the party who took the signature on the 7th of Dec.—I believe Bass repeated, "No. 7, Welling's-place," after Newton—I have stated all that Newton said.
HENRY MITCHELI . I am a sawyer, and live at No. 7, Welling's-place. I became a depositor in the Paddington Savings Bank in Dec. 1844—this is my book—I made the first payment myself—at that time I was living with the female prisoner as my wife—we had lived together some years—I have entrusted her with the book at times to make additional deposits—I never authorized her to draw out any of the money—I did not authorize her, on the 30th of June, to draw out 44l. 19s. 2d., nor to sign my name to this book—this signature is not my handwriting—I did not authorize anybody to sign this for me—the male prisoner lodged with me for about three weeks, and left a fortnight and two days before the 30th of June—Newton had access to the book—it was left in a drawer in my room, which was not locked.
Cross-examined. Q. Who do you work for? A. Mr. Biddle, in King-street—I have 30s. a week for six days, but make eight days some weeks, and get extra pay—I have not received only 24s. a week within the last four years—I may have worked at that rate, but always received more—I think it is about seven years since I first became acquainted with Newton—I am not certain whether she was in a situation at the time—shehad been in service at Elizabeth-grove, and had just left—I cannot say how old she was at the time—I did not get her away from the place—I cannot say how long she had left—I think it was more than one day—I am certain I did not take her the very day she left—I will not swear it—I cannot swear how many children I have had by her—there were three.
Q. Who left them with the mother, was it a sawyer named Mitchell? A. I believe it was—I never deserted her nor left her at all—I was it home with the children—I swear I was at home when she went out that evening—I did not know where she was going—the children lived at my house—she might have a few shillings or 1l. when she left her place—she had no money to place in the bank—I swear I never saw any of her money—she never brought me any.
Q. Has she ever left her home or her children till you cause her to be taken into custody? A. No, she never did, and she has always been the reverse to this till this happened—I cannot say that there has been any misconduct between her and Bass—I swear none of the money was her earnings—it was my hard earnings—I represented her as ray wife, and believe it did slip out at Marylebone-office that she was my wife—I afterwards told the truth—that was a week after—I have been receiving from my master 38s. and 39s. a week—I had her and two children to keep—I believe the other child died when it was seven months old—the oldest is five years old—the other I think three years last May—we had a few words about a fortnight previous to this—I never left her, I swear, nor threatened to leave her or the children—my sister has now charge of the children, and my money has been keeping them—I left Mrs. West, my sister, in the house with them a fortnight after the prisoner was in custody—Newton did not go to the police
to complain that Bass had robbed her of her money—it was me and Mrs. West.
COURT. Q. Did she earn anything while living with you? A. She has not earned anything for twelve months—she never went out to a day's work—she learned the stay business, and made some stays—I was at work all day and best part of the night—she attended to the lodgers.
(The receipt was here read.)
NEWTON— GUILTY . Aged 22.—Strongly recommended to mercy. Confined Two Years.
1611. GEORGE SMITH was indicted for stealing, on the 26th of July, he being employed under the Post-office, a post letter, containing I brooch, value 3s.; and 1 pencil-case, 3s.; the property of her Majesty's Postmaster-General.—5 Other COUNTS, varying the manner of stating the charge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
ADOLPH BLUMANTAL . I travel with jewellery about the country—I live in Cock and Hoop-yard, Houndsditch. In July last I was in the country, and received an order from a customer to set a stone in a brooch—this is the stone—(looking at one)—I took particular notice of it at the time, and put a mark on it—I received an order from another customer to pat a stone on the top of the pencil-case now produced—I had them both ill my possession when I got to Windsor—I there saw Julius Jonas, who hai a brother in that way at Birmingham—I sent the stone and pencil-case to Jonas's brother, at Birmingham, by the post—when they were done they were to be sent either to me, or to Benjamin Cohen, a cousin of Jonas, in London—soon after this I returned to London, and saw Ferdinand Jonas on the 1st of Aug.—he told me something about the pencil-case and stone, in consequence of which I made a complaint at the Post-office—I am sure these are the articles I sent to Ferdinand Jonas, at Birmingham.
Cross-examined by MR. CHARNOCK. Q. When did you complain at the Post-office? A. On Monday, the 4th—the pencil-case belongs to the footman of a captain—I do not know his name—I only had it two days—I have not many such articles to repair, and had none at the time—I had never seen them before—the brooch belongs to a servant girl at Feitham, named Mary Ann—I call at houses for orders—I had the brooch also two days—it is a pebble stone, and here is a mark, a chip—it is not uncommon to see stones chipped—I am positive they are the same.
JULIUS JONAS . I live at Mr. Cohen's, White-street, Cutler-street, Houndsditch. In July last I was at Windsor, and saw Blumantal—we lived in one room there—he showed me the stone of a brooch, and a silver pencil-case, which had no stone in the head of it—I saw him inclose them in a letter to my brother Ferdinand, who was at Birmingham at the time.
Cross-examined. Q. Where did you see the articles? A. At Windsor—I was looking at the stone and pencil-case—he had jewellery in his box, but I did not look at anything else—he showed me these—my brother being at Birmingham, he wished them sent to him—nothing else was produced—it is a common stone and pencil-case.
FERDINAND JONAS . I am a travelling jeweller, and live when in London at my cousin's, Benjamin Cohen, No. 9, White-street, Cutler-street, Houndsditch. In July last I was at Birmingham, and received a stone and pencil-case in a letter—they were the articles produced—the stone was not mounted then—in consequence of directions in the letter, I
got the stone mounted as it is now, and got a stone put into the head of the pencil-case as it is now—I afterwards had them in my possession at Northampton—I found I should not get back to London so soon as I expected, and sent them to my cousin, Cohen, in a letter directed to "Benjamin Cohen, 9, White-street, Cutler-street, Houndsditch, London"—I put both the pencil-case and brooch in the letter, sealed it, and took it to the post-office, on Saturday morning, the 26th of July, between nine and ten o'clock—I put it into the post-office before ten o'clock—I cannot exactly tell how long before ten it was—I paid 2d. with the letter—I am quite sure the articles produced are those I inclosed in the letter—I came to London on the Friday following, and found my letter had not arrived—Leopold wrote the direction on the letter for me—he did not go to the post-office—I put the letter in directly after he wrote the direction—Thomas Morris mounted the stone in the brooch.
Cross-examined. Q. How came Leopold to direct it? A. I cannot write English, nor read it after it is written—I did not look at the clock as I went to the post-office—I had never seen these things before I received them—I am no judge of stones—it is a silver pencil-case.
FELIX LEOPOLD . I remember directing a letter for F. Jonas, on the 26th of July, at Northampton, to "B. Cohen, 9, White-street, Cutler-street, Houndsditch, London"—it was between nine and half-past nine o'clock in the morning—the post-office is three minutes walk from where I wrote the direction.
Cross-examined. Q. Did you direct more than one letter? A. No—I recollect the direction as it is a straightforward address.
Cross-examined. Q. Have you done any brooches of the same kind before? A. Yes—I noticed a defect in the stone when I did it.
CHARLES BUTCHER . I am at the post-office at Northampton. A letter put in at half-past nine o'clock would go by the morning mail in the London bag—it leaves at a quarter before ten—the bag was sealed, and a bill in it tied up with the paid letters—this is the bill—it contains the amount of the paid letters.
Cross-examined. Q. What time must a letter be put in to go by that mail? A. By half-past nine o'clock—a letter containing these articles would be 2d.—if put in after half-past nine, it would not go unless an extra 1d. was paid.
WILLIAM HILLMER . I am a clerk in the General Post-office. I was on duty in the Inland-office on the 26th of July, and opened the Northampton day mail-bag that day—this bill came in that bag—the bag appeared perfectly secure, sealed in the usual way—the bill contains the total amount of paid letters which came in the bag, not the number—that would enable me to say if the proper amount of paid letters were in the bag—it was all right that morning—a letter for Houndsditch would go through the tunnel to the London District-office—I opened the bag between half-past one o'clock and two in the day—a letter would be delivered in Houndsditch that day.
Cross-examined. Q. I suppose you have no distinct recollection of what occurred that day? A. No—the bill states the amount of the paid letters—they are sometimes wrong, and then the bill is altered—here are
my initials to it, to show that it was correct—I cannot tell how many letters came.
WILLIAM HENRY WALKER . I am a letter-carrier in the General Post-office—I was on duty in the Inland-office, on the afternoon of the 26th of July, and collected the letters for the London district, put them into their several boxes, and passed them through the tunnel to go into the London District-office—a letter arriving between one and two o'clock would be sent through the tunnel about a quarter to two—I sent the principal part of the letters through the tunnel.
PHILIP WILLIAMS . I am a tunnel-man in the London District-office, and receive the letters which come through the tunnel from the Inland-office—I turn the wheel and draw them through—I was on duty on the 26th of July, after the arrival of the Northampton morning mail, and drew the boxes through the tunnel—the porter takes charge of them then.
THOMAS BRIGHTLEY . I am a porter in the London-office. I was on duty on the 26th of July, after the arrival of the Northampton morning mail—I assisted in carrying the letters from the tunnel-man into the sort-ing-office, and placed them on the table to be stamped and sorted to the different walks.
WALTER JOSEPH BELL . I am a sorter in the London District-office. On the 26th of July, I assisted in sorting the letters which arrived by the day mails—a letter addressed to White-street, Cutler-street, Houndsditch, would be sorted to the Spitalfields walk—the letters for that walk would be tied up in a bundle, and placed in a bag which the rider takes—he would leave the office about ten minutes before three o'clock; and about seven minutes after three—we send them in two parts, to facilitate the sort-ing—I gave them to the porter, but did not see him give them to the rider.
Cross-examined. Q. Have you been a sorter long? A. About three years—we sometimes missort—there are no other sorters for that division—there are four divisions.
----HUDSON. I am porter in the London District-office. On the 26th of July, I received the letters for the Spitalfields walk from Bell, and gave the bag to Mr. Small about ten minutes to three o'clock.
HENRY SMALL . I am mail driver. On the 26th of July, I received the mail bag for the Shoreditch branch from Hudson, and delivered it at the office four or five minutes after three o'clock, in the same state at I received it.
WILLIAM EDWARDS . I was inspector, on duty at the Shoreditch branch, on the evening of the 26th of July—the mail bag from the Lon-don District-office arrived about five minutes after three o'clock, and another twenty-one minutes after three—there are twelve carriers in the office—the prisoner was one of them—he was assistant to Hallam in the Spitalfields walk—he was on duty at the three o'clock delivery—the letters would be sorted into walks for the carriers, and tied up in bundles before they leave the chief office—on the arrival of the bags each carrier has his bundle delivered to him—Hallam and the prisoner would sort their letters for their own delivery—Hallam would divide them, and the prisoner assist him—that is as to the first dispatch, and the same as to the second—a letter for 9, White-street, Cutler-street, would be given to the prisoner—he ought to deliver it at four o'clock.
Cross-examined. Q. The prisoner was the assistant to Hallam, was he the headman? A. They are both on the walk—one is senior.
The prisoner was my assistant—on the 26th of July, I delivered the letters in the Spitalfields walk—the prisoner was on duty with me—he came at a quarter past three—I opened the bundle of letters which arrived at three, and divided them between me and the prisoner—he would have the letter for 9, White-street—it would be among his portion, and ought to have been delivered by four o'clock.
Cross-examined. Q. Do you ever deliver letters on the same beat? A. Yes, I should go there at six o'clock and at ten—there are ten deliveries a day.
MR. CLARKSON. Q. The prisoner would have the letters to deliver at four o'clock? A. Yes, I had no such letter to deliver that day—the prisoner is employed by the post-office, not by me.
BENJAMIN COHEN . I live at No. 9, White-street, Cutler-street, Houndsditch. In July last I received no letter from F. Jonas containing a brooch and pencil-case—I knew nothing of it till I saw Jonas in London, on the 1st of Aug.
Cross-examined. Q. How many persons live in the house? A. Only two—I am a capmanufacturer—I am married and have sons and daugh-ters—I am sometimes out—I have a shop there—when I am absent my wife and the work-girls are there—I have three work-girls—my sons do not assist in my business.
MR. BODKIN. Q. I believe Saturday is a day on which you do no business? A. No, it is my Sabbath—the girls would not be there, nor any business doing.
MRS. COHEN. I am the wife of the last witness—I was at home all day on Saturday, the 26th of July—no letter came that day, containing a pencil-case and brooch.
Cross-examined. Q. I suppose you do not answer the door to everybody? A. I must answer it—there was nobody at home but me all day—my eldest child is sixteen years of age—I have one fourteen and one twelve—I have seven children—I was glad for them to go out—I was alone in the house all the day—the elder children went out.
MATTHEW PARK . I am an officer of the Post-office—I apprehended the prisoner on the 1st of Aug., not on this charge—I asked where he lived—he said at 19, Anglesea-street, Waterloo-town, Spitalfields—I went there and found his wife—I went to the first floor front room, and found the brooch and pencil-case produced.
Cross-examined. Q. What room were they in? A. The front room first floor, in the drawer of a table against the window—there was no bed in the room—the drawer was unlocked—there are two more rooms down stairs—the things were loose in the drawer.
GUILTY .—Aged 22.— Transported for Fifteen Years.
(There were two more indictments against the prisoner.)
1612. JOHN TAYLOR was indicted for stealing, on the 13th of June, at St. George Hanover-square, 1 silver statue, value 40l.; and 1 vase, 20l.; the goods of our lady the Queen, his mistress, in her dwelling-house:—2 other Counts, stating the property to belong to George John, Earl Delawarr, his master.
MESSRS. BODKIN and CLARK conducted the Prosecution.
silversmith and gold-beater, living at 38, Long-acre—I occasionally purchase old silver—I know the prisoner by sight—I saw him at my shop on a Friday in June—I do not recollect the day of the month—it was between six and seven o'clock in the evening—he brought this parcel of silver in brown paper—(produced)—he said he had brought another parcel of silver for sale—I weighed it—I think it weighed upwards of thirty ounces—soon after he came in I sent my foreman out for a policeman, suspecting it was stolen—I did not pay the prisoner the whole amount for the silver—I think the amount was eight guineas—I paid him part, and gave him an I O U for the rest—I asked his name and address, which I wrote down on this piece of paper—(reads)—"John Johnson, 54, Seymour-street, Somers-town"—I gave that piece of paper to my foreman, and he gave it to the policeman—I afterwards took the silver to Bow-street, and left it with the inspector on duty.
Cross-examined by MR. CLARKSON. Q. Have you tested this to find out whether it is silver? A. I did at the time the prisoner left it with me—I tested more than one piece with nitric acid—that enables me to swear this is silver—nitric acid has no effect at all on silver nor on gold—it would turn green if applied to brass or mixed metal—I do not know the cause of it—I had made, I think, three purchases of the prisoner before this, without knowing his name or address—I do not make any entry of purchases.
MR. BODKIN. Q. How long have you been a silversmith? A. I have been in partnership with my father nearly six years—I was brought up to the trade—I have no doubt about this being silver.
GEORGE SELLY (police-constable F 188.) In consequence of a communication made to me on the 13th of June by Mr. Seymour's shopman, who gave me this memorandum, I followed the prisoner—he went to No. 117, Upper Seymour-street—it is a milliner's and dress-maker's shop—he went in at the private door—Mr. Richardson lives there—I followed him in and asked to see Mr. Richardson—I had some conversation with him, and went into a back room, where I saw the prisoner—I said to him, "Sir, you have given a wrong name and address, I must take you into custody on suspicion of stealing some old broken silver"—the prisoner said, "It is all right; my name is Johnson, and I live here"—on his saying that Mr. Richardson said, "I know a man named Johnson, but this man I always knew by the name of Taylor"—I then took the prisoner into custody and conveyed him to the station-house—as we were going along he said, "I have no doubt but what I shall get myself into a bother about this, as it was a man gave me this old silver who is now gone abroad, and I do not know where to find him"—when he got to the station-house he gave the name of John Taylor, No. 7, Gillingham-street, Vanxhall-road—I afterwards received from Mr. Seymour the silver which I have produced here today—on the following day I went to the address he gave me, and found it was correct—I afterwards found out the witness, Ladd, and went with him to the coach-office at Somerset-house, where I received this china vase.
WALTER RICHARDSON . I live at No. 117, Seymour-street, Somers-town—I know the prisoner, and have worked with him occasionally about eight years—I always knew him as John Taylor—I was at my house on the 13th of June, and about eight o'clock in the evening the prisoner came in—he said he hadgot into some trouble, respecting a loan of money, and he had given his address as lodging with me, and the name of John Johnson, and he wished, if any person called to ask after him, I would say
that he lodged with me, and I had known him some time, and he would be much obliged to me—he said perhaps they might come that night, or it might be tomorrow, or perhaps not at all, as it was a very trifling affair—I said it was a strange request, and I could not do so, under any circumstances—he was proceeding to explain that it was a very trifling matter, and it would be doing no one an injury, and him a kindness, when the policeman came in, and inquired for me, as he has related—the prisoner was in the parlour—he and the policeman entered into conversation, which terminated in their going away together—he has never lodged with me.
Cross-examined. Q. Was Johnson an acquaintance of his? A. I do not know of any Johnson with relation to him.
JOHN LADD . I am the owner and driver of a cab, and live at No. 3, Windsor-terrace, Vauxhall Bridge-road. On Friday, the 13th of June, at or about seven o'clock, I took up the prisoner in the Vauxhall Bridge-road—I had not known him before—he had a green baize bag in his hand—he desired me to drive to Long-acre—I stopped at Northumberland-house, Strand, and asked him to which end of the Acre he wished to go, he said St. Martin's-lane—I went on, and turned a little way into the Acre—he got out of the cab, and desired me to wait a minute, he should want me to go on towards Tottenham Court-road—I did not notice whether he took anything with him from the cab—I waited for him an hour, and he did not return—I looked into the cab, and found a green baize bag, containing this china vase—finding I had sufficient to pay my fare, I waited two hours longer—he did not return, and I went to Bow-street-office, and made a report that I had got such a thing left in my cab if it was inquired for—next morning I deposited it at the Coach-office, Somerset-house—on the following Monday I accompanied Selly to Somerset-house, took pos-session of the vase, and handed it over to him.
Cross-examined. Q. How far is the part of Vauxball Bridge-road, where you took him up, from Buckingham Palace? A. I think about a furlong—not more—it was just at the end of Eaton-street.
BERNARD JOHN LAST . I am a clerk in the hackney-coach department, Somerset House—a vase was brought to me by Ladd, on the 13th of June—he came again on the Monday morning with Selly, and I gave up the yase to Selly.
EDWARD PHILIP COLLINS . I am a cabinet-maker, and live at No. 10, Charlotte-street, Pimlico—I have been employed as foreman to the cabinet-makers in Buckingham Palace—I was at work there on the 13th of June last—the prisoner worked there on that day, under me—the men used to leave their work at five o'clock—most of them left at five that day—the prisoner did not—he ought to have done so—his business that day was in the shop—there is a cabinet-shop on the basement, at the extreme end of the north wing of the palace—I saw the prisoner about seven minutes after five, in the passage, close by a room called the garter-room, on the principal floor—he would have to go up six flights of ten steps each to get there—he had no business to be there at all that day—the garter-room is at the extremity of the south wing—he would not have to go past it on leaving the cabinet-shop to quit the palace—I afterwards pointed out the place where I had seen him to Mr. Saunders—he had his green baize tool-bag on his arm.
Cross-examined. Q. Had there been persons working on the principal
floor that day? A. I think there were, but not cabinet-makers—I am only responsible for the cabinet-makers—I had walked through the principal floor, but not worked there—my business is about the palace—if he had lent his tools to another man, he might go there to fetch them—I made no remark on seeing him there—he had a job in the shop that day, consequently his tools were not likely to have been up stairs—I cannot tell whether he had lent any fellow-workman any tools.
MR. HENRY SAUNDERS . I am an inspector of the Royal palaces, under the Lord Chamberlain, and reside in Buckingham-palace—the prisoner was employed in June lust as a cabinet-maker in the Royal establishment, and has so been for two months this time—before that he had been employed for some time—I have looked at the pieces of silver produced, they form part of an equestrian statue—after this matter became the subject of inquiry, I ascertained that a statue of this kind was missing—I referred to my books and sought for the statue at the place where I supposed it was, and could not find it—it is a figure of Louis XIII and Marshal Saxe, one figure, with two shifting heads—the last time I saw it it was in a cupboard on the third shelf, on the right hand side, in one of the libraries used as a luncheon-room, on the ground-floor—the value of the statue is about 40l. or 50l., and the vase about 10l.—they are the property of the Queen—the vase was not missed until afterwards—it was kept in the library adjoining the luncheon-room—on Saturday afternoon, 14th June, I heard of this on coming to town—I went to the presses on the Monday—they were locked, as usual—there are two master-keys, which open all the presses—one key was kept in the office in the key-box—I found that key safe and apparently not interfered with—there had been some changes of the locks, I cannot exactly tell what it was, but when I came to search for these I found a lock off one of the other presses—a key made to fit that lock would no doubt pass the locks of the presses in which these things were kept—Mr. Collins, the foreman of the cabinet-makers, pointed out to me where he saw the prisoner on the evening of the 13th, that is quite at the extreme end of the palace from the cabinet-makers' shop—one is at the north wing, the other at the south—I do not know how the prisoner was employed that day—if he was employed in the work shop it would not be in his way to leave to go up stairs—I have pointed out to Mr. Chappell the spot where the presses are—her Majesty occasionally resides at Buckingham-palace.
Cross-examined. Q. I suppose you cannot undertake to say when you saw either of these articles last? A. No—this figure was not an ornament in use—it has no plinth and was put by—I have only missed the lock since this—it is not the duty of any one to examine the presses to see if the locks are safe—that press contained some old music-books—it would have escaped observation unless any one had gone and pulled the door open, because there are no handles to them and they fit close—I do not think it at all likely that the statue could have been taken two or three years—I have looked at the place from which the vase was removed, and I should say it has not been long since removed—I found a vacuum of dust, which would not have been the case if taken two years ago, as the dust would have gone on accumulating on the same spot—the last I recollect of the vase is three years ago, when it was removed from a room—we occasionally have foreigners to see the palace.
MR. BODKIN. Q. You found a blank left in the dust where this had
stood? A. Yes, and the dust had accumulated round, forming the of this foot—I found little or no dust at all on the vacant place, I could hardly get a mark with my finger.
THOMAS BAYNARD CHAPPELL . I am vestry-clerk of St. George's, Hanover-square. Mr. Saunders pointed out to me certain presses in the palace—I am acquainted with the boundaries of St. George, Hanover-square—those presses which he pointed out to me are in the parish of St. George, Hanover-square.
GEORGE HURST (police-constable F 76.) I was on duty on Saturday morning, the 14th of June, at Bow-street, acting as gaoler—the prisoner was confined there on this charge over night—in the morning he asked me if I could send a note to his wife—I told him I would endeavour to do so—he asked if I could give him a piece of paper and a pencil, I supplied him with it, and he wrote this note, and requested me to send it to her—he wrote it in my presence—I took it to inspector Black, who returned it to me, and directed me to keep it—I have kept it in my custody ever since. (Letter read)—"Dear wife,—I hope you will make yourself as happy as you can. Be sure you take this to Mr. Watson, and be particular in saying these words at the office when you are asked: I shall state, a foreign gentleman came to lodge with us about two years ago, and boarded and lodged with us, and to pay 30s. per week; and he told us he must be off to France, as he had got some very particular business, and he would leave some old silver which he had by him, and if he did not return in three months, he should not come back to England, and we might consider it our own property. Be sure and bear in mind he could not give any reference, as we have been empty some time of any lodgers, and he was the only one we had at the time he was lodging at our house, and we had no servant at that time. Be sure and say I asked, if we got into trouble about selling it, to give the name of Mr. John Johnson, 54, Seymour-street; but don't be positive of the number of the house. Be sure and make away with the key and the other things, Mr. Watson put you in the way. Give the bearer 2s. 6d. Tell Mr. Watson be sure to go and see old Mr. Ladd, if he knows my face, as he took me from Pimlico to Long-Acre, who left my bag and the vase, and told him I should not be long: he will tell you what became of it. To Mrs. Taylor, No. 7, Gillingham-street, Vauxhall-road, Pimlico."
Cross-examined. Q. How long have you been a policeman? A. Six years and eight months—I have frequently been called upon to perform the office of gaoler at Bow-street, where I have had prisoners under my charge—I had no particular fancy for this man—he knocked at the door of the cell, and I went up to him—he asked if I could send a message or note to his wife—I told him I would endeavour to do so—I did not intend to send it until after I had shown it to the inspector—it was for him to judge whether he would send it or not—I said nothing to the prisoner after showing it to the inspector—I lent him the paper and pencil—I did not take up the note and say, "Let us read it"—I swear that—I read none of it until he gave it into my hands—I left the cell two or three times while he was writing, for a minute or so—I did not come in afterwards and say, "Well, old chap, is it done?—"I swear I made no such observation—I went to the cell two or three times, and he said, "I am not ready," and I went away again—I did not ask him two or three
times, "Have you done; is it ready?"—I did not run to the inspector, and tell him he was going to write a letter—the prisoner said he would pay a man for going—he did not ask me how much it would be—he said, "I suppose half-a-crown will satisfy him?"—I said, "I don't know anything about it"—he did not say he supposed 1s. would be enough nor did I say, "No, it must be half-a-crown"—he did not give any money—he said there was some money of his in the station-house, but he would put on the note for his wife to pay the half-crown—I said I would endeavour to send to his wife—I will not be exactly positive whether I said, "Send," or, "Send it"—I did not hold up the letter as I went out of the cell, and put it under my coat, nor pretend to look round, as if somebody was watching—I swear that—I took the letter to inspector Black—I do not know whether he is here—I gave the prisoner no reason to suppose it would not be delivered—I did not make any remark to him whatever—he was examined before the Magistrate the same morning.
JOHN ADOLPHUS GEORGE BOUSTRED . I am one of the clerks of the police-court, Bow-street—I attended the prisoner's examination on this charge, on Saturday, the 14th of June—he was then charged on the evidence of Mr. Seymour and Selly with offering this property for sale—he made a statement which I took down—(reads)—"I took the silver to this gentleman's shop to sell; he asked me where I lived; I said, John Johnson, and a street in Somers-town; being the name and address of the person for whom I was selling it. This silver, I must tell your Worship, was, about two years ago, brought by a foreigner who lodged at my house; he said he came from France; the next day he said he must be off for the continent, and this old silver which he left behind I might take care of; he said he should be back in about three months; he has not been back; the gentleman said, when I disposed of it, I was to give the name of John Johnson, of Upper Seymour-street, the number I have forgotten; I live myself at No. 6, Gillingham-street, Vauxhall; the silver was all broken up when it was left with me."
Cross-examined. Q. Were you aware that there had been any little by-play going on with Hurst before the examination took place? A. No, he was then charged before Mr. Jardine on suspicion of stealing the property belonging to some person unknown—he was subsequently brought before Mr. Hall—the prisoner's attorney applied for a copy of the prisoner's statement, and it was refused him—that was before the committal—he was offered a copy after the committal—I gave notice myself to the attorney.
GUILTY . Aged 33.—Strongly recommended to mercy.— Confined Twelve Months.
(There was another indictment against the prisoner.)
1614. THOMAS PARKER was indicted for feloniously uttering a forged order for the payment of 130l., knowing it to be forged, with intent to defraud Henry Bosanquet and others; and GEORGE JAMES AUNGIER for feloniously inciting him to commit the same felony.
MESSRS. BODKIN and DOANE conducted the Prosecution.
BALDOCK KINGSFORD . I am cashier of the branch of the London and Westminster Bank, in St. James's-square. Mr. Henry Bosanquet is one of the directors—there are several others. On the 26th of July the prisoner Parker handed this check to me. I showed it to Mr. Cundell, the chief clerk, who, after consulting Mr. Viall, returned it to me with directions not to pay it—it purports to be signed by Mr. Nicholls, who kept an account there at the time.
Cross-examined by MR. PAYNE Q. I suppose Parker remained there while you went and made these inquiries, and while Mr. Cundell showed it to Mr. Viall? A. Yes.
MR. DOANE. Q. Did you express any opinion to Parker as to the genuineness of the check? A. I never said any thing to him.
OLIVER VIALL . I am the manager of the branch bank in St. James's-square—on the afternoon of the 20th of July, Mr. Cundell showed me this check—I desired the man who had brought it to be shown into my room—Parker was brought in—I asked him whether he had presented this check—he said, "Yes"—I inquired of whom he had it—he said a friend of his named Murray—he gave the name voluntarily—I did not mention the name of Murray first—I asked the name of his friend—I am not quite sure whether I asked him if his friend's name was Murray, or whether he said his friend's name was Murray—the impression on my mind is that he said he had it from a friend of his named Murray—I asked where his friend lived—he said in the City-road—I then told him it was a forgery, and I was under the necessity of giving him into custody—he replied as far as he was concerned it was all right—I then sent for an officer—I asked where he met his friend—he said he had been with him all the morning—I asked him where he was waiting for him—he said near the church—I asked if he meant St. James's church—he said "Yes"—I asked what he was to have in payment of the check—he said 5l. notes—the policeman came, and I gave him into custody.
Cross-examined. Q. Where did this conversation take place? A. In the private room in the bank—he came in at my desire—I do not think he said he knew nothing about its being a forgery—I believe his words were, he knew nothing about its being a forgery, as far as he was concerned it was all right—perhaps this conversation lasted ten minutes or a quarter of an hour.
JOHN MILLER (police-constable G 14). I took the prisoner into custody on the 20th of July, at the bank—as I was taking him out I wished to go through St. James's-square to the station-house, the prisoner said, "Let us go this way," meaning to go through Charles-street, into Regent-street, as he might meet his friend at the corner—I saw nobody wait-ing there—I asked him where he had left his friend—he made a sweep with his hand towards Charles-street—I stood there a few minutes, but saw nobody, and went on to the station-house in Vine-street—he said nothing about this matter.
THOMAS STEWART ROGERS . I am an inspector of the L division of police—I was a sergeant of the C division. On the 20th of July I was at the station-house in Vine-street, when Parker was brought there—he said nothing
in my hearing about the person of whom he received the check—in consequence of information from Miller, I went that evening with him, and Mr. Greville, Mr. Nicholls's clerk, to 38, Windsor-terrace—we watched the door of that house till two o'clock in the morning—we then saw Aungier go in—we went to the door—he was denied—we afterwards got in and went into the parlour where we found him—we took him into custody, and found some paper, this seal, two letters and an envelope there—I found the envelope in his pocket—I was at Marlborough-street, when Aungier was brought up—I did not hear what he stated—I was called out of court—I know the handwriting of Mr. Maltby, the Magistrate—this is it—when I took Aungier into custody I told him it was for forging a check of 130l., in the name oi John Gough Nicholls, he said he had taken it in a gaming transaction—he did not say anything about who he gave it to to present.
Cross-examined. Q. Did not you hear him say that he gave Parker the check, and that Parker knew nothing of its being forged? A. No.
JOHN MILLER re-examined. Parker told me that he got the check from Aungier, and he lived at No. 38, Windsor-terrace—I heard Aungier say, when before the Magistrate, that Parker knew nothing of its being a forged check when he gave it to him.
JOHN GOUGH NICHOLLS . I am one of the firm of Nicholls and Co., printers to the House of Commons—I keep a private account at the London and Westminster Branch Bank—this check is not my writing—I never authorized Aungier, or anybody else, to do it for me—it is altogether a forgery—I know nothing of Parker—I have known Aungier for some years—I have had business with him, and received many letters from him—I fully believe this check to be his handwriting—it is scarcely disguised at all, except the signature—I have occasionally given him employment—I never gave him but one check—this letter (one found at Aungier's) is a genuine letter of mine to Aungier—this letter and envelope, directed to J. Murray, Esq., is not my handwriting—it has my name to it—at the back of the letter is a copy of a check—it is the duplicate of this check—I know it to be in Aungier's handwriting—I saw the envelope—the im-pression on it corresponds with this seal—(looking at another check)—this is not my writing, nor authorized by me—I believe it to be in Aungier'e handwriting.
GEORGE BURTON . I am a hatter, and live in Wellington-street, Gos-well-street-road—Parker and his wife lodged at ray house very nearly twelve months before he was taken into custody—they occupied the first floor—I have seen Aungier at Parker's very often, more particularly towards the latter part, and his wife also—they appeared to be on very intimate terms—I never heard Aungier called Murray, or any other name than Aungier.
Cross-examined. Q. All the time Parker lived with you, was he not a very well conducted, respectable man? A. Very, and very honest.
COURT. Q. What business is he? A. A carpenter—he was in constant work up to the time of his being taken.
MARY SMITH . I occupy the house, 38, Windsor-terrace, City-road. In May last, Ongier and his wife came to lodge at my house, and conti-nued to do so till he was taken into custody—Parker and his wife visited them frequently—I never heard Aungier called Murray, or any name except Aungier—about a fortnight after they came, they went out of town for eight or nine days—I believe Mr. and Mrs. Parker went with them—I saw them there just before they went—they all left together.
Cross-examined. Q. They called and went out with them? A. Yes, to see them off, I believe—I do not know where they went to.
RICHARD GARDENER . I was formerly in the police—I am now proprietor of the Lord Nelson tavern, at Gravesend—the two prisoners and their wives came to my house on the 1st of June—they dined there, and enjoyed themselves very much—they were a little in liquor when they came—they did not drink much at my house—they were affected by what they had taken, and stopped all night—they left about eleven o'clock next morning—they said they were going to Herne-bay, they were out on a tour of pleasure—Aungier passed by the name of Aungier.
ROBERT BEARD . I am waiter at the Lord Nelson public-house, at Gravesend. I recollect the prisoners and their wives coming there—I received from Aungier a 5l. note next morning—Parker was not present at the time; he had left over-night—he did not stop all night—Aungier and the two ladies stopped and started next morning for Herne-bay—I could not swear to the note—I gave it to the underwaiter to get changed.
(The check was dated 25th July, 1845, for 150l. drawn by John Gough Nicholls, payable to John Murray, or bearer.)
NOT GUILTY .
GUILTY . Aged 37.— Transported for Life.
OLD COURT.—Friday, August 22, 1845.
Third Jury, before Mr. Justice Wightman,
1616. JOHN HENRY DAVIDSON was indicted for feloniously setting fire to the house of John Baker, on the 2nd of August, with intent to injure him:—2nd COUNT, for setting fire to a stable:—3rd COUNT, to an out-house.
MR. CHARNOCK conducted the Prosecution.
JOHN BAKER . I keep the White-hart at Hampton-wick—the prisoner was in my service as ostler—on Saturday evening, the 2nd of Aug., about nine o'clock, I was standing in my bar, against the door, and heard the yard door open—this is a correct plan of the premises—(looking at one)—I heard the back door open, in consequence of which I said to the lad, Phil-lips, who was wiping glasses between the bar and the tap-room, "Who is gone into the yard?"—I looked towards the door, and saw some person going out—he said, "John, the ostler, gone to shut the kitchen shutters"—I told him to go and see who it was—Mrs. Phillips asked him some ques-tion which delayed him—he went in about two minutes from the time of the door opening—I think there was sufficient time for a person to have gone down the yard through the stable to the back of the lean-to as described is the plan—the distance is about thirty yards—about a minute and a half or two minutes after Phillips went out I heard him cry out, "Master, master, the loft is on fire"—I ran into the yard and saw the flames through the lattice of the loft, over the stable where the horses are keptvthe flames appeared to come from the back part of the loft—there arc feather-edged boards above
the rack which join the loft to the stable—on seeing the flames I returned into the parlour and gave an alarm—Mr. Wheeler, George Styles, Mr. Lemon, and Mr. Elkins, customers, who were in the house at the time, went out with me into the yard—I went to the pump and remained there pumping water and they got up into the loft by the ladder—the flames were extinguished in less than five minutes—I afterwards went with a policeman to the back of the stable—we found the door leading into the stable adjoining the lean-to, open—the other door leading into the pig-sty was bolted—we got into the lean-to, and found the ashes of some straw there alight, on the feather-edged boarding at the top of the wall—I found three such wisps of straw had been placed there—they had all been lighted—two were burnt, and one was singed but did not appear to have taken—there were ashes in the corner from the two that had burnt—the other was washed away by the water—it appeared to me that the loft had been fired from the lean-to—I had not seen the prisoner during this time—after the fire was put out I saw him in the yard—I said nothing to him—I did not see him assist in extinguishing the fire—I stood in the scullery, at the pump, and could not have seen him—there is a privy in the yard, for the use of the yard only—I saw the remains of a lucifer-match found there next morning in a cobweb—it was nearly burnt—there are two gates under the loft—the prisoner told me a few minutes after eight that evening that he had locked the gates, and the yard was safe—the pieces of straw appeared as if they had been shoved down the feather-edged boards from the loft—I went into the loft with the policeman—the flooring was very wet, and in a hole that appeared to have been cut in the feather-edged boarding we found a wisp of straw containing lucifer-matches—there was a quantity of loose straw near it, and four or five trusses of straw besides—that is the place where they were usually kept—I had seen the prisoner throw some straw from that loft at seven o'clock for the racking of the horses—there was no means of placing the wisps of straw down the feather-edged boarding except by going up the ladder into the loft, nor was there any way by which they could have been fired except by going through the stable to the back—we have tried how long it would take to get there from the yard door, and it would not take a minute.
Cross-examined by MR. BALLANTINE. Q. I believe you have sustained no loss from this; you were insured to the full amount of the damage? A. No, I am not insured for the out-buildings, merely the bouse and furniture and stock in trade—the prisoner had been with me a fortnight—I never had occasion to find fault with him—we have had no quarrel—I suppose the fire commenced at the bottom of the feather-edged boarding, on the floor of the loft, over the stable—there would be no entrance to the yard except from my house—there are palings at the back four feet high—a person, by getting over them, could get to the place where the fire was, but the door of the lean-to was fast inside—I have a poultry-yard and a piggery—there is a fence between them about four feet high—there is a back entrance to the stable, but that was fastened by a bolt inside—I found it bolted when I went into the yard after the fire—there are no side entrances to the yard—there are gates, but they were closed, and fit close to the flooring of the loft—no one could have got over the fence, for it had been a very wet day, and I went round the garden early next morning with sergeant Martin, and examined it, and there was not the least appearance of any foot-marks—no crowd had collected in the
poultry-yard or garden—I had a girl in my service, named Harriet Strick-land—she came with me to this house—she had heen about three months with me—I had no quarrel with her—I had occasion to find fault with her for standing at the door—that was perhaps a week before the fire took place—there had been an attempt to fire four nights before—it was a few days before that that I told her I disapproved of her standing at the door—I had no words with her—I know Mr. Bowen—he is a gentleman in the habit of using my house—it was not with Bowen that I found her talking at the door—she talked to him and many others of my customer!—she was talking to a Mr. Carter when I said I did not approve of it—I had no conversation with her about the first fire—she did not say anything to me respecting it—after the attempt made to fire the house, I consulted a solicitor, and wished him to examine my servants—he did so and advised me to discharge the whole of them—I discharged Strickland, not all—I had given Phillips notice to leave, and he was going in a very short time—he was there when I took the house—those were the only servants I had—Strickland did not tell me then that she knew who did the fire, nor any words to that effect—she said that it would he done again—that was on the 1st of Aug.—the first fire was on the 29th of July—I discharged heron the 1st of Aug., and then she said, "It will be done again"—she was examined before the Magistrate at the first hearing, but not at the second—she had promised the Magistrate to attend, but did not—she told the policeman that she had heard somebody go up stairs without shoes, and come down again, on the night of the firevthe prisoner must have been in bed at that time—I believe Mr. Bowen is an upholsterer—he has no shop in my neighbourhood—he has a lodging at Kingston—I only know him by his being a customer at my house—he fixes the time to be home at eleven o'clock, and if not he sleeps at my house occasionally—I made no charge against Strickland in connection with Bowen—I never expressed any such suspicion to anybody.
MR. CHARNOCK. Q. Was Strickland discharged for anything connected with the first attempt? A. No, it was for talking at the door—I cannot say the prisoner was in bed at the time she said she heard some persons going up stairs—I had directed him to go to bed, and when I went up to put the fire out I found him in bed—the rooms up stairs are divided—the prisoner slept in one department, and Mrs. Baker and myself and Strick-land in another—those rooms have no connection with each other, only by a back stair-case—there was no one on the floor where the first fire took place but the prisoner—I went to open the door of the room where the fire first was, and I shut it again immediately to prevent a current of air—I went into the prisoner's room, and called "John, John, John," loudly—he did not answer me—I took him up in my arms, and shook him, and said, "Are you awake?"—he said, "Yes, I am"—I said, "Come down stain, the house is on fire"—he had gone to bed about thirty-five minutes before the fire broke out—it was not in the room where he was sleeping, but on the other side of the passage, in a room quite distinct, nearly facing his—there was another fire in the adjoining room—they were separate firings—we put one out, and the policeman went up, and discovered the other—the whole of the bed clothes, curtains, mattrass, window curtains, and things were burnt on that occasion—no one was in that part of the buil-ding from the time the prisoner went to bed till it was discovered—I think it impossible for any person to have passed.
COURT. Q. Would it have been necessary, to set that room on fire, for any person who slept in the prisoner's room, to have gone down stairs and come up again, in order to set it on fire? A. I should think not.
MR. CHARNOCK. Q. Were you sitting in the bar that evening; and does that command a view of the entrance to the back staircase? A. Yes, a strong gas-light was burning—the room where Strickland slept has a window which looks on to the staircase—that is seven or eight feet from the floor—I should think it impossible for her to get out of that window on to the staircase—I could not get out myself—when she said it would be done again, I asked her by whom—she said, "Those that did it before"—I said, "Who are they?"—she said, "That you have got to find out"—she was at a neighbour's opposite on the 2nd of Aug.—she went to stop there for a short time—I saw her in my front parlour with her father on the afternoon of the 2nd of Aug.—I did not see her in the yard or back premises—she never went beyond the parlour—I saw her come into the parlour and go out—I did not lose sight of her at any part of the time—her father came for her to take her home—she left me on the 1st of Aug.—she came on the 2nd to speak to her father, who came to my house—she was there about a quarter of an hour—the lean-to is all closed—nobody could get over it—it has a tiling—the only way to get to the lean-to was through the stable door, and when I went out that was bolted.
CHARLES PHILLIPS . I am in the service of Mr. Baker. On Saturday, the 2nd of Aug., about nine o'clock, I came out of the parlour, took up a glass, and told Mrs. Baker to draw the nine o'clock beer—the prisoner had been sitting in the tap-room just before—he had been there since eight o'clock, and had his supper—he asked me for a screw of tobacco and a pipe about half-past eight, and he was smoking that when I came out—when I took it to him, he said he had got to go and fasten the kitchen shutters—that would not take quite half a minute—I did not see him leave the tap-room or go out at the yard door—as I was wiping a glass Mr. Baker asked me who was gone out at the back door—I said, "John, gone to that the kitchen shutters"—I heard the back door opened and shut again—I looked into the tap-room—he was not there, and I said, yes, it was him—there was no one else there—the kitchen shutter did want fastening—I believe it was open the last time I was in the yard, and when I opened the door the kitchen shutter was shut—the last time I was in the yard was about half-past four or five o'clock—I did not go to the yard door directly Mr. Baker spoke to me, as Mrs. Baker said something to me—he told me a second time, and then I went—about five minutes elapsed between my hearing the door shut and my going—I did not see a soul in the yard—I saw a light in the loft—the loft door was shut—I had been out of an evening, and had seen the prisoner there with a light before, and thought it might be that, but I saw the smoke and flame came from under the tiles—I said, "Oh, master, the loft is on fire!"—I should say I said it loud enough for any one in the yard or privy to hear—I did not see the prisoner till about twenty minutes after I discovered fire, when I was going with my beer—I then saw him in the yard, coming out with some carriage harness—I did not see him in the privy—the family consisted of Mr. and Mrs. Baker, a young lady, a little boy, the prisoner, and myself—there was no female servant in the house—the customers were in the parlour.
Cross-examined. Q. Do you know Mr. Bowen? A. I do—he used to talk to Harriet Strickland "at times—I have seen them together at the
door of an evening—Mr. Bowen sometimes slept there—I believe slept in No. 1 bed-room, up the front staircase—that is almost opposite Strickland's bed-room.
GEORGE WHEELER . I live at Hampton-wick, and am a sale porter. I was at the White Hart on the 2nd of Aug., about nine o'clock in the even-ing, in the parlour—I am a customer of the house—I heard the alarm of "Fire! fire!" from Mrs. Baker; in consequence of which, I went into the yard, and saw the loft over the stable in flames—I called for the keys of the stable, and saw the prisoner come out of the water-closet close against the stable—I asked him for the keys of the stable—he said, "What is the matter?"—I said, "Can't you seet he loft is on fire?"—he then said, "Here are the keys"—he gave me the keys, and I went underneath the archway and unlocked the gates—I then went to the stable, where I knew there were two horses—I unlocked the door, and assisted in getting the horses out—I never saw the prisoner during that time—it appeared that the fire had existed a very short time—I cannot say how long, not five minutes perhaps—I did not examine the place where the fire occurred.
STEPHEN TYE , (police-constable V 275.) In consequence of the alarm of fire on the night in question, I went there at a few minutes past nine o'clock—I first went to the yard gates, and tried them—they were locked—I then proceeded through the house into the yard—I saw the loft was on fire—I saw the prisoner in the yard when I went to the gates—I had no conversation with him when 1 went in—he was in another yard, away from the fire—he took no part in extinguishing the fire—from the appearance of the loft, the fire had only just ignited—I afterwards examined the place where it was fired—it appeared to me it had occurred from the long stable behind, through the weather-boarding—I found some straw between the boards, which had been set on fire from the outside—I only noticed one place fired then, but while in the loft I observed another light through the boards in another part of the stable—there is a kind of window or shutter into the long stable, which I found open—it is about as high as my chest, looking into the lean-to—the garden is at the back—it may be three or four feet from the ground—any person who got into that stable could have set fire to the place where the fire was—I think the window leads to the fowl-place, which has a little low paling to it.
MR. BAKER re-examined. There is a shutter to the stable that has the lean-to roof to it, on the side next the garden.
WILLIAM MARTIN (police-constable V 22.) I was on duty at Hampton-wick on the night in question, and proceeded to the White Hart—I was not there while the fire was burning—I found several persons in the yard—I went up the ladder into the loft—I found a quantity of stuff which I took to be saw-dust and grease—I found this piece of straw stuck into the feather-edged boarding—it had been alight—next morning, on examining the loft with Mr. Baker, I found this piece of straw between the feather-edged boarding, and these lucifers were within it—the straw had been burnt a little, and the lucifers also—I sent for the prisoner to the loft, and showed him what I had found—he said, "I do not think a stranger could do it, for I had been up here at seven o'clock, and took some straw down"—I then took him into custody—I asked him if he was in the habit of using lucifer matches—he said, No—I searched him, and in his It-ft hand trowsers pocket found this lucifer match-box—I asked him
how long he had had this in his possession—he said a fortnight—there is one mark on the bottom, as if a match had been rubbed on it—I atked the prisoner what he was doing out in the yard—he said he went to shut the kitchen shutter, and from there he went into the water-closet, and while there he heard the boy cry out "Master, the loft is on fire"—I searched the privy, and found this piece of lucifer match hanging by a cobweb—I carefully examined the poultry-yard and garden round the lean-to with Mr. Baker, and could not discover the least appearance x>f any foot-marks—there had been rain, and the ground was wet—if any person had been traversing any of those parts I should think it would have left marks—it is a loose border underneath the paling—I cannot say bow long the place had been on fire—here is a piece of the board—I believe the house it in the parish of Hampton.
HARRIET STRICKLAND . I was formerly in the service of Mr. Baker—I left on the 1st of Aug.—I was in the parlour on the 2nd, for I think half an hour, with my father—I did not go into the yard, or into the garden, or in any part of the house but the parlour—I staid there half an hour, and then left—I dare say it was nearly seven o'clock in the evening—I was not near the premises after that time—I heard of the fire there that night—I have not the least knowledge of the person who caused it.
Cross-examined. Q. Were you ever in the employment of a person named Bond, at Walworth? A. No—I was in the service of a Mr. Galloway, at Walworth—I left because I did not like my place—I did not give notice—Mrs. Galloway told me that I was to leave, because I did not attend to quite all my duties—I did not clean some coppers—no other reason was given.
EDWARD BOWEN . I reside at Kingston-on-Thames. I go to an upholsterer's shop for my own amusement, but I gain no earnings from it—I live on my property—I sometimes sleep at the White Hart—I was not there at all on the 2nd of Aug.—I was at Dorking, in Surrey, which is fifteen miles distant—I started from Kingston about half-past nine o'clock in the morning—I heard of the fire on the following Monday—I have no knowledge who it was that fired the premises.
Fifth Jury, before Mr. Justice Wightman.
1617. THOMAS FRANKLIN was indicted for feloniously and know-ingly uttering, on the 21st of June, a forged 5l. promissory note, with intent to defraud William George Prentice. Other COUNTS, calling it analtered promissory note.
MR. HUDDLESTON conducted the Prosecution.
EDWARD WILLIAM GRAY . I am a Magistrate of the Borough of New-bury. I was one of the firm of Austin and Gray, who carried on business as bankers, at Alton, in Hampshire—I retired from the busines in 1815—the bank failed in 1815, and a dissolution took place between Mr. Austin and myself, in Nov. that year—no notes have been issued from that bank since 1815—the note produced is a 5l. note of our bank—the signature is my handwriting—I did not sign any note after 1815—the date of this note has clearly been altered from 1813 to 1843.
handed me this note—the prisoner had bought meat to the amount of 1l. 2s. 8d.—I said to him, "Cannot you give me something else?"—he replied, "It is all right, payable in London; they are for Franklin, of Kennington," meaning the hind-quarters of mutton which were on the scale—I have several "Franklins" customers living over the water—I believe three—I do not exactly know where they live—in consequence of his saying Franklin, of Kennington, I told Vernez to take the note, to put the address on it, and give the change, which he did—I was busy at the time—Ewer, my porter, took the note to my banker's—he returned it to me—I afterwards went with a policeman in search of the prisoner—we found him in Bowling-green-lane, or street, Lambeth—I said; "Franklin, you know that note you gave me?"—he said, "Yes, it is all right, I took it all fair enough"—I said it was not worth a dump—he said, "I took it of a man named Abbott, in a deal in Smithfield"—that it was Abbott, of Northampton—"he paid it me opposite Newington-church—I went into a stationer's opposite, to see if it was all right, and took it from him"—I said, "You know you have given me a false address, you have given me a deal of trouble; I have walked at least seven miles"—he made no remark.
Cross-examined by MR. BALLANTINE. Q. You did not hear him give any address? A. I did not—we tried to find West street, Kennington, but could not—Bowling-green-street is at the back of Kennington, and is not a great way from Kennington—Bowling-green-street is not above fitre or ten minutes' walk from the Horns—I found him at home—he said he went into a stationer's shop opposite the church, referred to a directory, found it all right, and took it.
HENRY VERNEZ . I am clerk to Mr. Prentice. On the 21st of June I was in the counting-house—the prisoner came to the window, and bought a pair of hind-quarters of mutton, which came to 1l. 2s. 8d.—he tendered me a 5l. country note—I went for Mr. Prentice, who asked him for something else—he said, "I have nothing else, they are for Franklin, of Kennington, it is all right, the note is payable in London"—I afterwards asked him to give me his address, and wrote this on the note which he gave me—I have written, "Franklin, West-street, Kennington"—I wrote exactly what he told me.
GEORGE EWER . I am a salesman to Mr. Prentice. On Saturday, the 21st of June, I took this note, with others, to Messrs. Deacon—they gave it me back again—I gave it back to master, and told him what they said—I went by his direction, on the Monday following, to Henrietta-street, and several places—I afterwards went to Kennington, and made various inquiries, but could not find West-street there.
THOMAS BRADLEY (policeman.) I apprehended the prisoner at No. 14, Bowling-green-street, Kennington—I have examined in Kennington for West-place, but cannot find such a place—I inquired at West-street, Wal-worth, but could not ascertain that anybody of that name lived there—I believe Bowling-green-street is in Kennington, and about a quarter of an hour's walk from West-street, Walworth—they are all private houses in Bowling-green-street.
Cross-examined. Q. How came you to find the prisoner in Bowling-green-street? A. By inquiries I made—I went to several places—his name was known—he was known as a person standing about, as a butcher—he came readily with me.
MR. HUDDLESTON. Q. From the inquiries you made, did you ascertain
whether he was a pork-butcher or a meat-butcher? A. I did not understand—I heard he kept a pork-butcher's shop in Walworth-road, at one time.
WILLIAM GARNETT SPENCER . I am a collector, of Upper Kennington, and collect for the Lambeth-palace district. There is no West-street, Kennington, that I know of—there is a West-street, Walworth, which is under half a mile from Bowling-green-street, and in the parish of Newington.
COURT. Q. How far is it from Kennington-road? A. Two or three minutes'walk.
Witness for the Defence.
WILLIAM.—I am a butcher, and live in West-street, Wal-worth. I have known the prisoner ten years—he was in my service part of the time—he lived in West-street about twelve months ago.
Third Jury, before Mr. Justice Wightman.
MESSRS. BODKIN and CLARKSON conducted the Prosecution.
WILLIAM MILLER (police-constable H 112.) On Sunday evening, the 1st of June, I was on duty in Went worth-street, Whitechapel, about seven o'clock in the evening. In consequence of information, I went to the White Swan, Upper Keate-street, Spitalfields—I saw the prisoner standing within the door of the house creating a disturbance with some persons there, and challenging them to fight—he was a little the worse for liquor, not a great deal—I requested him to leave the house, and not create a disturbance, or he would be locked up—after a short time he left the house, and went to where he lodged, which is in the same street, went up stairs, and presented himself at the window, and began abusing me, calling me all the villains and the thieves he could think of—I went away after that, and in consequence of what I heard, returned to the same street, and found the prisoner in the midst of forty or fifty persons—he was then challenging the same party to fight, a man named Crawley—I heard him say he would not go to bed till he had his revenge on the party that night—I requested him to go in doors, or I must take him to these station-house—he went to the door, and put himself in a fighting attitude towards me—he afterwards went in, but before that he said, if I dared to touch him he would jump my b—g—ts out—I went into the house with him, remained there about ten minutes, and requested him to stop in doors, and not go out again, or he would be sure to be locked up—I left him, and went away—shortly after, in consequence of what I heard from Burcham, I returned to the same street, and saw the prisoner there with Lloyd, a constable—he was kicking in a most violent manner—when I came up to him, Burcham took hold of him on the right side, and I on the left—we proceeded with him towards the station-house into Red Lion-street, and at the corner of Lamb-street he commenced furiously kicking me—I threw him on his back, keeping hold of him, and while he was on the ground he kicked me twice in the privates—I was stooping over him—he aimed at that part, and kicked me very violently—he did not use any particular expression—after kicking me the second time, I explained to Burcham
that something was broken—I felt a dreadful pain, and was scarcely able to stand; but owing to the crowd, I continued to hold him—after gettine up and proceeding along Lamb-street, he tried to get my hand into his mouth, but another constable came up and prevented him—he then gave me a violent blow on the right ear—I was afterwards examined by Mr. Mears, the surgeon, and had a rupture, and am still under his care.
Prisoner. He told the Magistrate I made twenty kicks at him, and be received sixteen of them; I resisted because he choked me. What did I say to you out of window? Witness. He called me all the b----b—he could lay his tongue to, and said he did not care a d----for any blue policeman.
THOMAS CRAWLEY . I am a labourer, and live in Flower and Dean-street, Spitalfields. I saw the prisoner about four o'clock that afternoon, at the White Swan—there was a talk between us about buying a pair of shoes—he took offence at something I said, and wanted me to fight him—I refused—he went away afterwards, and came back—I noticed that he had something up his sleeve, but what I cannot say—some of the people cautioned me, in consequence of which I went for the police—Lloyd, the constable came, and took him into custody—I had not given him any offence.
Prisoner. I was drinking at the same public-house with this man; I had a pair of shoes in my hand, and he offered me a pint of beer for them; I asked if he thought I had any sense; he told me to go home about my business; he got aggravating me, but I did not attempt to strike him. Witness. No, he did not—he was in liquor at the time.
CHRISTOPHER CONNOR . I am a porter in Smithfield-market. On Sunday evening, the 1st of June, I was standing outside the door of the White Swan, and saw the prisoner there—I saw he had something in the sleeve of his coat—the mob called out that it was a knife—I did not see it—the prisoner wanted to fight Crawley, who went for a policeman—Lloyd came back with him, and took hold of the prisoner, at the time he was sparring and threatening Crawley with the knife—I assisted him.
Prisoner. This man stood by while I was beaten, and choked me till my eyes were starting from my head, and my tongue was hanging from my mouth; he has been convicted here. Witness. I did not strike him—the publican called upon me to assist—I took him by the arm with one hand, and by the neck with the other—I have been confined to my bed for a fortnight, under Mr. Mears, from the kicks he gave me.
GEORGE ROBERT LYOYD (police-constable H 92.) On Sunday evening, the 1st of June, about half-past seven o'clock, I was called to Lower Keate-street, and found the prisoner and Crawley there, and 150 or 200 people collected—Crawley came running down for me, and on my going up he gave the prisoner in charge for attempting to stab him—I then took him into custody—he resisted—I called on Connor to assist me, which he did, by taking hold of him—I asked the prisoner to deliver up the knife—he said he had no knife—I asked him to come with me—he began to kick-when Connor took hold of him he said he would not be taken by any b—thief—he struggled and kicked very violently, at last I got him down to the bottom of Keate-street—we there procured the assistance of Miller and Burcham—he kicked them very much indeed—when we got to the corner of Red Lion-street he laid himself on the ground on his back, and throw up his legs—I and Rurchain had hold of him at that time—Miller
was in front of him—he leant over him, and while doing so the prisoner threw up his legs and kicked him right in the privates—I firmly believe be kicked him there on purpose—he kicked me twice in the pit of the stomach—we were obliged to get handcuffs, and in that way we carried him off—Miller appeared to be much injured—he leant on Burcham's arm, and said, "Oh, Tom, there is something broken"—he was then taken away—I did not see any knife.
Prisoner. Q. How was 1 standing when you came up? A. With your bands under the tails of your coat—there was a great many persons near you, pushing you about in all directions.
THOMAS BURCHAM (police-constable H 33.) I was in Keate-strett, and saw the prisoner in custody of Lloyd—I assisted in taking him down Keate-street—when I got him to the corner of Red Lion-street I saw him kick Miller—I had him by the right hand side and Miller by the left—he threw himself backwards and kicked out with both his feet—he aimed at Miller's privates.
WILLIAM FRYER . I keep the White Swan, in Keate-street. On the 1st of June the prisoner came into my house, he offered something for sale and became rather abusive—I ordered him out—Miller came and advised him to go home, and behaved to him with every kindness—he got him away and advised him to go up stairs—I saw him put his head out of window and give some abuse to Miller, and after that he came down and began in a similar way again—I saw Crawley, and saw the prisoner attempt-ing to raise a row on each side of the street, one party against the other—I saw it was necessary to interfere—Lloyd was the first constable that came—some person said the prisoner had a knife, and I told Lloyd to be careful—a scuffle ensued; I advised-the parties to aid and assist the policeman, and he was taken away—I assisted till they got to the Queen's-head, and then left them to go to the station for further assistance—I did not see the injury inflicted—the prisoner was certainly a little in liquor.
THOMAS MEARS . I am a surgeon, and live in Brick-lane, Spitalfields.—I saw Miller on Sunday night, about eight or balf-past—I found him lying on his back in great pain—I found several bruises about the abdomen and a very large rupture filling the scrotum—I have no doubt that had been recently caused—I should say he will never be quite well again—I have considered him in danger—I am attending him now—I ean scarcely say he is free from danger even now, he is very ill—a violent kick with a sudden muscular action on the part of the person kicked would occasion the injury—his leaning over him at the time would account for it.
JOHN DANIELL . I was near the White Swan when this matter occurred.—I saw the prisoner draw the knife from his right hand sleeve—he had his hand under his coat tail—I said to Mr. Fryer, "Be aware, he has a knife," and when I said that he dropped it from behind his coat and it hit me on the foot—I distinctly saw it—it was a brown handled knife.
Prisoner's Defence. I am but a very poor man, a stranger in London, and you see how these men swear against me; I have no counsel and no means of having a doctor to certify what was the matter with this man; I don't know whether I kicked him or whether I saw him; the only man I can remember seeing was Lloyd; how could I ill-use so many men in the way they swear against me, and so many assisting them?
GUILTY of an Assault. Aged 25.— Confined Two Years.
OLD COURT.—Saturday, August 23rd, 1845.
Second Jury, before Edward Bullock, Esq.
1619. JOHN HIGGS was indicted for feloniously forging and uttering an order for the payment of 5l. 8s., with intent to defraud George Reed: also, for obtaining the money under false pretences; to both which he pleaded
GUILTY . Aged 25.— Confined Twelve Months.
1620. WILLIAM GRANT was indicted for feloniously and knowingly uttering, on the 8th of Aug., a forged order for the payment of 2l. 8s., with intent to defraud Robert Hunter:—also, on the 23rd of July, a forged order for the payment of 1l. 10s., with intent to defraud Solomon Hayman Cohen:—also, on the 8th of August, a forged order for the payment of 2l. 5s., with intent to defraud Thomas King: and, on the 30th of July, another forged order for the payment of 1l. 15s., with intent to defraud Richard Hallett and others; to all which he pleaded
GUILTY .— Confined Twelve Months.
JAMES SADD . I keep the Marshal Keate public-house, Poplar. The prisoner has been in my employ two years—he was to take beer to the docks, and sell it among the labourers—I required security from him previous to coming into my employ—he told me he had been at Mr. Thomas Wenham's, and he would become his security—I drew up this paper for him, to get Mr. Wenham to sign—he went away with it, and brought it to me the next day—I have since seen Mr. Wenham, but not in the prisoner's presence—I went on letting him have beer till it amounted to 12l. or 13l.—I would not go on any longer—he said he could get his brother or mother to be security, if I would accept of a bill—I said I would take his brother's bill at two months, if he would accept it—he brought me a letter, purporting to be from his brother—I then drew a bill, which I was going to send by post; but he said he was going to see his mother, and he should see his brother, and would get it accepted—I gave it to him, and he brought it to me accepted—it was not paid when due—I spoke to him about it—he said his brother had lost two horses, and it was very inconvenient to him, if I would wait a bit—I waited—I afterwards received a letter from his brother—I then told the prisoner that his brother said he did not accept it, that it was a forgery, but he declared to the contrary.
Cross-examined by MR. PAYNE. Q. How much beer has he sold while with you? A. A great deal, thirty or fifty gallons a week—I do not know that these are the books he kept—I never saw them—he used to pay me weekly—I wanted the bill as security that I should be paid for what he had—he was obliged to give credit for a week to the people in the docks—he first mentioned his brother to me—he gave me the bill himself after it was accepted—he may have paid me 30s. a week since that bill was given—it is dated the 4th of Oct., 1844—I discovered it was forged about May or June last—I never knew the brother.
younger brother. The acceptance to this bill is not my writing—I know nothing about it.
Cross-examined. Q. Are you executor of your father's will? A. I am one of them—the prisoner is not one—I am getting a very good living—I could not pay 15l. for my brother—I never authorized him to use ray name as security, that he might not be turned out of his place—he did not come down to me one Sunday in Oct.—I have no recollection when he came to see me—I cannot tell yet whether there is property coming to him under Ins father's will—the business is not settled—there may be a little more than 15l.—his father has been dead about two years—I have proved the will—I had no interview with him about the bill—(The bill was for 15l. 9. 8d. Accepted William Mien. Payable at Mr. Sadd's.)
(The prisoner received a good character.)
NOT GUILTY .
MARY ANN TAYLOR . I know the prisoner, and knew her child—I saw it six weeks previous to its death, in the prisoner's room with her, at No. 8, Almonry, Westminster—it was then a fine healthy baby—I saw it on the 31st of July—I think it was twelve weeks old—it then appeared to be dying—the prisoner was not there then—she is a prostitute—I delivered the child into the hands of the nurse at the workhouse that day—I had been to the station, and they sent a policeman with me to the work-house—when the child was healthy I saw it in the prisoner's arms—she appeared very fond of it.
ANN GREEN . I am an unfortunate girl, and live in the next room to the prisoner. I was there before she came—she had lived there about two months—she was confined in the workhouse about a month before she came there—she brought a baby with her—it was a fine baby, and she appeared to be fond of it—I saw it every day until the 31st of July, when it was moved—it began to get very bad after she had been there about three weeks—she took it to the doctor two or three times when it began to get ill—he gave her physic—she gave it some, not all—it got worse—she went to the Westminster Hospital with it—I cannot say how many bottles of medicine she had for it—it was at home in the daytime, shut up in the room while she went out—she sometimes went out between ten and eleven o'clock in the morning, and returned sometimes about one or two in the afternoon—she knew I was in the house—sometimes she left her door open—I used to nurse it sometimes—there were other lodgers—they did not nurse it—she would feed the baby when she came home at one or two o'clock, and then go out and leave it—she gave it bread and a little water—she would go out then, and come home between five and six in the evening—I was not always at home when she went out—I sometimes went out at ten or eleven o'clock, and came home at two—the baby was left in the bed in the meantime—when she was not there I used to take it up when it cried and feed it—I have heard it cry for half an hour at a stretch every day almost—it was not a very cross baby—it did not always cry when I went in—I have found the door fastened five or six times when it was crying.
Prisoner. I never locked the door but once, when I was only out half an hour, and then she broke it open; the lock of the door was broken, and
I fastened it with a piece of string. Witness. The bolt was not broken—I know she had to draw the staple of a night when she came home—I do not know whether she had lost the key, or what—she had been in the habit of going out before the child was ill—she always fed and nursed it when at home, and appeared to be fond of it.
JOHN WRIGHT . I am a medical attendant at St. Margaret's Poor-house. I saw the child on the 31st of July, within half an hour of its being brought to the house—it was in a very emaciated and reduced state—there was no external injury of any consequence—it died on the 6th of Aug.—it had proper nourishment in the workhouse, arrow-root made with water and milk added—it rejected it at first, but subsequently retained some—it vomited at first constantly—I afterwards substituted barley-water and milk, as being lighter—it retained some, but it continued to a certain extent to reject a part of the food during the whole period—it never properly kept the food in the stomach—I examined it after death—I found quite sufficient food in the intestines to promote life, but the system would not act upon it, convert it into proper chyle, or produce sufficient nutritious blood—I found some increased vascularity in the lower end of the stomach, and the upper portion of the intestines—I attribute that to the child's having become in a diseased state for some period—its general appearance indicated a disease of considerable standing when the child was first brought in—I did not find a sufficient amount of disease to account for the death—the vascularity showed that there was a constitutional disease of some kind or other—from its general appearance, I should say it had laboured under atrophy for two or three weeks—I expected to find mesenteric disease, but I did not—it had some wrappers on when it came in, sufficient to protect it—there was nothing in its general appearance, or in my examination, to enable me to speak positively as to the cause of its being in that condition—if it was from continued disease one would expect to find a sufficient morbid change, and that I consider I did not—I cannot medically assert positively what had produced that state—the want of proper food would account for it, but I could not state it was that which produced it, because there are several diseases that would produce it, mesenteric disease, or disease on the brain, and they are very common to infants.
NOT GUILTY .
OLD COURT.—Monday, August 25th, 1845.
Fifth Jury, before Mr. Baron Platt.
1623. EDWARD LEWIS, WILLIAM BONHAM , and WILLIAM STRICKLAND , were indicted for stealing, on the 23rd of June, 1 gold watch, value 17l.; and 4 silver watches, value 20l.; the property of Her Majesty.—2nd COUNT, stating them to be the property of Joseph Savory and another: and HENRY OSBORNE for feloniously receiving the same, knowing them to have been stolen.
MR. ATTORNEY-GENERAL, with MESSRS. CLARKSON, BODKIN, and BALLANTINE, conducted the Prosecution.
packed up five watches, one was a gold watch of their make—I have since seen it at the Thames police-court—(looking at a gold, and three silver watches, produced by inspector Haines)—this is the gold watch that I packed up, and these are three of the silver ones—the fourth I have never seen since—I packed them up in a brown paper parcel, and gave them to John Faris—I do not know on what day.
Cross-examined by MR. PRENDERGAST. Q. Did you pack them up with your own hand? A. Yes—they were intended for India—the numbers of the watches were entered in a day-book—I know them to be the same watches, by comparing them with the day-book—I have the day-book here—the name of "A. B. Savory, and Sons," is on the gold watch, and two of the silver ones, as the makers—that name is on all the watches we make—we sell some that we do not make—there it one Geneva watch—I only know the numbers by reference to our book—I made the entry in the book myself, at the time of the transaction—the two silver lever-watches are entered on 27th of April—they were at that time brought in from the manufactory—the entry is made when we receive them from the workman—here is "No. 9"—that is No. 9, Cornhill—we send there for them—this entry does not strictly show the time that the watches came into our stock—this is a charge I make when I am going to send them to a customer—they were at the manufactory, No. 9, at the time I made the entry—our shop is No. 14—it is the same concern—I will swear that I had seen these watches at the time I made the entry—I went to No. 9, and saw them both finished—I did not bring them away then, because we did not want them—we always leave them till the last moment, to give time for further regulation—I looked at this entry at the time I packed up the watches—I swear that—I cannot say who was with me at the time—I cannot recollect whether anybody read it to me—I make it a rule in pack-ing up goods for an order, to have my book by me to see that the numbers correspond with what I am packing up—I have no doubt I compared these watches with this book.
Q. You have no mark in your book which shows that these particular watches went in that particular package to India? A. Ouly what is put down here—the charge of the watches, and the numbers here is entered "A. B. S., 3 numbers. No. 1, contains two clocks and five watches"—that is another entry which I made some time after the 27th of April—I make no mark in my book to show that I have compared them—I judge from my general practice the numbers are inserted at the time of delivery, at the time I make the charge, which is generally after the goods are finished—I did so here—I put down the numbers after they were completed, and while they remained at No. 9—all this entry is my writing—I cannot say when it was made—I should suppose it was written on the 23rd of June—the latter part has been written at some other time, after the watches were gone—I am not positive that any part of it was written on the 23rd—this entry does not contain the numbers of the missing watches—it contains the number of a watch which was shipped in the same ship for a different party—I entered three cases, and made a memorandum that all three were shipped by this ship.
COURT. Q. Was that entry made on the 23rd of June? A. I think it was, but I could not swear it—it bears date the 24th—we have two day-books for alternate days—these are them.
MR. PRENDERGAST. Q. Then, as I understand, you have not any entry
at all there, which you can undertake to say was made at the time the package left your premises? A. No, I have not—I did not go down to the Dock myself—I delivered the package to Mr. Faris, I believe in our shop, No. 14—I do not know that I could swear to delivering it to him—I have no doubt that I did—I have no distinct recollection of that identical thing—we have a great business both at home and abroad, and export a considerable number of packages to India, and all places abroad—it is a thing of very rare occurrence, for anything intended for shipment, to be left behind—I have known such a thing occur, not left at the Custom-house, but at our shop—I never knew a case of five watches left behind.
MR. CLARKSON. Q. Read the entry of the 27th of April relating to the watches? A. (reading) "A pair of patent lever watches in double-backed silver engine-turned hunting cases, the movements with the latest improve-ments, (that is the detached escapement,) jewelled in four holes, capped, hard handled dial, hand to mark the seconds, and containing power to continue going whilst wound up—Nos. 8,158 and 8,159—6 1/2—13 guineas"—these are the watches—(two of those 'produced by Haines)—they correspond in every respect with that entry—these watches were made in consequence of two orders from India, which I have in my hand—three were made and fire sent—I entered the numbers of the pair of silver lever watches on the 27th of April—I have an entry here under the date of 24th June of cases Nos. 1 and 2, shipped on board the Coromandel—this is the entry of a third watch which was charged to another party—it is the same about which I was examined just now—I should say it was, no doubt, made on the 23rd or 24th of June—if my book of the 23rd was in use I might take the book of the 24th and make the entry in that—this is dated Saturday, 24th June—it might so happen that each book would contain entries of business done on the 24th—one book is up stairs for posting, while we have the other down for the business of the day—I have here the entry referring to the gold watch, the second order—it was made on the 4th of June, and I referred to it on the 23rd when the goods were put into the brown paper parcel—(reads)—"Patent detached lever watch, six holes, jewelled, hard dial, and seconds, in double-backed engine-turned gold hunting case, 11,414, 17 guineas; two horizontal flat silver watches, silver dials, four holes, jewelled, 22,956 and 22,959 at 94s. 6d.—9 guineas"—this gold watch produced is our make, and perfectly agrees with this memorandum—that enables me to say it is the watch—this is one of the Geneva watches, No. 22,959—the maker's name is Stauffer—I have not the name entered—the other Genera watch I have never seen since.
MR. PRENDERGAST. Q. Have you not a great number of watches of Mr. Stauffer's make? A. We have, exactly of that description—this entry was made on the 4th of June, when we received the watches into our possession—the entry of the 23rd does not contain the number, but I have no doubt I compared the number with the entry of the 4th of June, when I packed the watches up—I think I may safely swear that I did—I remember doing it—I make it an invariable rule—I only speak from its being my practice—I do not mark the number as having been delivered—I look at the numbers in order to see that they are according to the entry—I make no entrv to show that the article delivered in on the 4th of June is packed by me on the 23rd—it is not required—the entry of the shipping clerk (Mr. Faris) shows that.
MR. CLARKSON. Q. When an article comes to the shop you take an
account of its number and its characteristics, as to its being jewelled, and so on? A. Yes, and if such an article is ordered, before it is packed up I refer to the entry made when it came in, in order to see that I am correct in what I send out, and to see that I have got the number properly down in my book—this gold watch was the subject of one of the orders produced—the object of taking the number of foreign watches is that I may have the proper description of them, and see that they are the watches charged out to the customer—that appears by the entry I have read—I had received the order at the time I wrote that—I should not have entered it in the book if we had not received an order for it—it is done on receiving the order—I generally put the price to it at the time I make the first entry, not always—the foreign watches would, no doubt, be selected from out of the stock we have by us—this is, no doubt, the entry of watches we had already—this is not a stock book—it contains the general business of the day, purchases and orders, an account of what we buy and sell, and general business at the counter.
JOHN FARIS . In June, 1842, I was in the employment of Messrs. Savory, of Cornhill—in that month I received from Mr. Robinson a brown paper parcel—I do not remember the day—I put it in a case with two clocks—the inside lining of the case was of tin—the parcel was about twelve inches by six or eight—I do not remember seeing anything put into it—I placed it on the top of the clocks that were in the tin case, which was then soldered down by the tinman, and enclosed in an outer case of wood, with a wooden lid that covered the whole—it was fastened down with screws—I then accompanied the case to the West India Dock, to No. 1 shed, and delivered it into the care of Mr. Scanlan, the examining officer—that was between twelve and one o'clock in the day, I should say on the 23rd of June—I took these two custom-house bills, which are my writing, and the cockets in my pocket—I delivered them at the searcher's office—I cannot say whether it was to Mr. Scanlan—the case was marked, "A B S," and a diamond, "No. 1," consigned to Messrs. Remington and Co., Bombay—I do not recollect whether it said by what vessel it waa to go—I attended the examination by the custom-house officers—I do not remember the name of any other officer that was there but Mr. Scanlan—the box was opened and unsoldered in my presence, by the application of the tinman's irons—I cannot say who was present when that was done—I took out the brown paper parcel, and gave it into the hands of Mr. Lowe, Mr. Savory's assistant, for Mr. Scanlan's inspection—I saw it opened, it contained one gold watch, and four silver—I saw them replaced in the brown paper—the case was resoldered while I staid, and the wooden cover put on and screwed down—I then came away.
Cross-examined by MR. PRENDERGAST. Q. How many persons do you think might be in this shed at the time the search took place? A. To the best of my memory I should say four or five—I do not recollect more—there were the assistant weighers, but I cannot recognize them—I do not recollect any other persons being there—there were two other cases besides this—we have a great many cases go—not almost every day, sometimes not for weeks together, and sometimes a good many together—I perfectly well recollect this was on the 23rd of June—I have got the entry of that date—these papers will prove that the case was examined on the 23rd of June—they are my own writing—they bear the date of the day they were cleared—I wrote it on that day—I was before the Magistrate—I recollected
the date there, whether I was asked the question or not, I cannot say—I replied to all the questions asked me.
Cross-examined by MR. HUDDLESTON. Q. Are these sheds open or enclosed? A. Enclosed—you get in by a door—I do not recollect whether the key of that door hung up outside the shed—to the best of my memory it was open when I went there with the case, and most likely while the search took place—that would be the course of business—it is seldom shut on examinations—the door faces towards the gate of the Dock where there are persons going up and down to the different ships, the public entrance to the whole Dock.
MR. BODKIN. Q. How far is this shed from the public entrance to the Dock? A. I should say about one hundred yards—I was there about two hours altogether—the examination took so long, and they had to send some distance for the tinman—I was waiting for the tinman to come—I believe we had some brandy and water while we were waiting—no one paid for it, it was given by one of the weighers.
MR. PRENDERGAST. Q. You will not be certain about that, will you? A. Either one of them or the shipping officer—it is not a common practice to be taking brandy and water there to my knowledge—I had some of it—my own conduct was quite fair with respect to the watches—I cannot say whether there is a great deal of brandy and water, and wine, drank at the Docks—I took some of it—perhaps if you were down there four or five hours and such a thing was offered to you, after a strict examination, you might take it too.
COURT. Q. Have you had any brandy and water since that time? A. No—I recollect having it on the 23rd June, from circumstances that have since arisen about the watches, all the little incidents have come to my mind, and I recollect that among the rest—I cannot say whether I had had any brandy and water before that time—I should say it was the only time I ever had any refreshment after a long examination—I am not positive about it—four or five custom-house officers, including Mr. Scan-lan, were present at the examination and re-soldering, besides Mr. Low✗ and myself.
EDWARD SCANLAN . I am a searcher in the Customs. In June, 1842, I was stationed at the West India dock—on the 23rd of that month, I received a case of watches—I do not remember the case, but it appean from the official documents that it was examined—my handwriting is upon the documents—they were delivered into the searcher's office by the persons who brought the case—here are the shipping bills, with the date 23rd of June, in my own handwriting—the case was marked A. B. S., and a diamond, and appears to have been directed to Messrs. Remington and Co., by the Coromandal, proceeding to Bombay—there is no number here—I always see that the case corresponds with the marks on the shipping bills—that is my duty, and also to examine the contents of the case—I did so on that occasion.
MR. SERGEANT JONES. Q. Do you know what it contained except from these documents? A. Certainly not—I have no recollection of it.
MR. BALLANTINE. Q. Are you prepared to swear you took down the particulars correctly? A. I am prepared to swear that when I examined the case there were two clocks and five watches in it, on comparing the contents of the package with the endorsement on these documents—I should certainly not have passed them had they not corresponded
—it appears by them, that there was one gold watch, and two silver of English manufacture, and two other silver watches purporting to be Geneva, made by Stauffer—I cannot remember whether the box was re-soldered after I had made the examination—(reading one of the papers)—"A. B. S., and a diamond, Messrs. Remington and Co., No. 1, case contain-ing two clocks by A. B. Savory and Sons, 52l.; one gold watch by ditto, 15l.; two silver ditto, by ditto, 10l. N.B. In this case are two French watches by Stauffer, Geneva, entered by another cocket of the same date. No. 2, one case, one clock, by A. B. Savory and Sons. No. 3, one case, one gold watch, by ditto, ditto; three cases shipped, endorsed in the Coromandel, J. B. Harwood, from Bombay," June 23rd, 1842, signed Thos. Cull, "shipped S.S." The words "three cases shipped" are in the handwriting of the exporter, or his representatives—J. B. Harwood was the master of the vessel—(reading the other paper)—"A. B. 8., and a diamond, Messrs. Remington and Co., two silver watches, by Stauffer, of Geneva. N.B. These watches are contained in a case of clocks and watches of British manufacture, and are cleared by a cocket of the same date. In the Coromandel, J. B. Harwood, for Bombay, 22nd June, 1842, Thomas Cull, cleared out West India Dock, 23rd of June, 1842, shipped S.S." The examination took place in one of the sheds—I cannot possibly say which—if it was a tin case I should say in No. 1—the sheds are closed at four o'clock—they are occupied for the purposes of business during the day—after the examination had taken place, and I had ascertained the correctness of it, the box would be resoldered, and would be left in the regular course of business in the custody of the weighers in the shed, to be taken into the charge of the Dock Company for shipping—it is part of my duty to certify the names of the persons employed as weighers on particular days—here is my signature to each of these certificates—(looking at two)—this enables me to say that the persons referred to were employed on particular days—one of these refers to Bonham—I cannot say whether he was employed at shed No. 1, but it appears that he was employed by the searchers on the 23rd of June, as a searcher's cooper—I cannot speak to any of the other prisoners—the other appears to be a certificate that a man named Turner was employed on the 23rd as a searcher's cooper—I should not have certified that he was so employed had he not been—they are the persons with whom in the course of business a box of this kind would be left to be delivered to the Dock Company.
Cross-examined by MR. HUDDLESTON. Q. Whereabouts was the key of No. 1 shed hung when the door was locked? A. I think it is given up to the weighers after four o'clock—it would be open between ten and four for any person to go in—there are a good many persons in and out all day—this certificate referring to Bonham, is dated Thursday, 30th of June, and is for a certain number of days marked at the bottom with the date of each day—that was done by the weigher when it was presented to me—the weigher makes the certificate—the coopers are appointed at the dock for the month, and if they are absent any working day we take a memorandum of it in the office, and when the certificate is produced to us for signature we look to see if he has been absent, and if not we sign the certificate, including all the working days of that month—it appears by this that he attended all this month—I sign a certificate for each man employed—I cannot say how many are employed—I should say about
eight or ten—I merely speak from this document—it appears from this that Bonham was employed as searcher's cooper, and his duty would be to open and✗ close packages all round the dock, including No. 1 shed—it does not appear on the face of this document that he was at No. 1 but it was his business to be there, as well as at any other shed where his services might be required—I signed no certificate with regard to Lewis—that was done by another searcher.
Cross-examined by MR. PRENDERGAST. Q. The prisoner Strickland, I believe, was a shipper? A. A shipping officer—it was not his business to undo these parcels—he was not a necessary person present—when a parcel is put on board a vessel, if it contains bonded goods, he would go on board, and take a receipt from the mate, as having received the package, but in this case he would not have to take a receipt—the whole search might be conducted without his being there at all—he had nothing to do with this case—whatever goods get into his hands go afterwards into the hands of the Dock wharfingers—I do not remember his being present when anything was done to this case—I do not remember the examination of the case at all—a great number of persons would go into No. 1 shed in the course of the day—there are two doors, which are generally left open, and people walk in and through, merchants and others—I should imagine it very unlikely that during the hours of business a person could break open the chest, unsolder the case, take the watches out, and solder it up again—in my opinion I conceive it could not be done during the hours of business—business is over at four o'clock—Strickland is not now in the employment of the Custom-house—he has left about two months—up to the time of his leaving he had always borne with me a character for regu-larity and propriety—he was under me for about a year—I have used shrimps in the Docks for fishing—the West India Dock is a great place for fishing—I have fished there—I do not know whether the officers were in the habit of keeping bait for their friends—I have had bait there—if shrimps cannot be had, white bait is used—we prefer live shrimps when we can get them—brandy is not got from the vessels for the purpose of tasting—searchers are required to examine packages of brandy at times—a sample of about half a pint is drawn to try the strength of it, but that is put back again—I have always understood it to be put back—I do not know that I have ever seen brandy and water drunk at the Docks—wine is more usually drank—there are three searchers—Strickland would be under the joint inspection of the three.
MR. HUDDLESTON. Q. How long has Lewis been in the employment of the Customs? A. I do not know—I have been there since 1835—I do not remember having seen him till 1843, at the London Docks—I do not know how long Bonham has been in the Customs—he has served under me—he has borne a good character, as an honest man—I can say the same of Lewis—there were three persons at the West India Docks at the time in question, who gave similar certificates to those produced.
MR. BALLANTINE. Q. Do you recollect Strickland leaving the service of the Customs? A. Yes—I do not recollect what he left for—I have heard from common rumour—it would not be the duty of the searchers to be present at all places where cases are opened.
COURT. Q. You say you sign as many as eight or ten certificates in a month? A. There were about eight or ten men employed in the Docks at
that time, and if I signed all their certificates I should sign about that number—all those men could not have been about this shed—there are four stations in the Dock for shipping-officers—there were only three searcher's coopers during that month it appears—there must be a searcher's cooper present ut an examination of this kind, to open the package for the searcher—I have had cases opened by one cooper—their duty is to open the package and expose the goods for the inspection of the searcher—that may be done by one—I should say one of the three searcher's coopers must have been present when the package was opened—Turner was one of the three.
JOSEPH SAVORY . I am in partnership with Albert Savory. In 1842 we had an order for two clocks and five watches, which we executed—we afterwards received a communication from India, in consequence of which we sent out five other watches in place of the five which had been previously sent—we required no payment for the last five, and had none.
Cross-examined by MR. SERGEANT JONES. Q. What it your father's name? A. Albert—we insure the watches we send to India, and if they are lost, those with whom we insure them would bear the loss—we always charge the insurance in addition to the price of the watches—Messrs. Remington are our agents in India—they do not order the watches, but another party through them—if the vessel in which the watches were sent was lost we should recover from the parties with whom we insure them—we should keep the money, and supply other watches—the person ordering the watches would not bear any part of the loss—the gold watch was charged seventeen guineas—that is the price the purchaser would have to pay for it exclusive of the insurances—that would be the selling price to a customer in London.
HENRY RICHARD TURNER . I am a Customhouse weigher. I was on duty at the West India Dock in June, 1842, as searcher's cooper—a cer-tain number of the weighers are appointed as searchers' coopers on the 1st of the month—Bonham and Lewis were also appointed as searchers' coopers for June, 1842, and Strickland as the shipping-officer—a portion of the shed No. 1 is divided off for the express use of the searchers and their men, the searchers' coopers—that is their regular station, but they go about the Docks to various places—it is a place appointed for the coopers to remain in attendance, to wait any orders that may be issued by the searchers—they are obliged to be there till they are wanted—it is their duty to open any packages, by direction of the searchers, for their examination, and to fasten them up again when they have been examined—in June, 1842, I remember a case being brought to the West India Dock, said to contain plate, to be examined by the searchers—I did not attend the examination of it myself—I do not know who did—there were other searchers' coopers, and most likely, in fact, one or more of us would be sure to attend—Bonham, Lewis, and myself, were the three searchers' coopers for that month—I was in and out of the shed at the time this case was there for the purpose of examination—I remember on one occasion coming into the shed and seeing the case open—Lewis and Bonham were in the shed by the case—I should say they were about to put the lid on again—I think that was it, as near as I could tell—I cannot give a description of the case—it was rather a largish one—the outer case was made of fir, or deal, I should say, and a tin case was inside—one of them, I cannot say which, made an ob-servation, "Lend us a hand," or "Come on, Harry, lend us a hand"—there
was no one but Lewis and Bonham in the shed at that time—Strick-land was outside—he was the shipping-officer—he was to see that woods were shipped, and sign the bills for the searchers—I assisted Lewis and Bonham in putting on the lid—there were screws in the lid to fasten it down—we drove the screws in as we should nails, not regularly screwed them in—the case was then turned out of the shed, and delivered over to the Dock Company for shipment—the shipping-officer would go on board the ship, and get the mate's receipt for the goods, after they were shipped by the Dock Company—he would deliver the goods at any one of the stations where the ship laid—ships lie at various stations—I cannot mention the name of any person to whom it was delivered—I think it was handed over to some of the Dock Company's people, who ought to receive it—sometimes they fetch them away from the shed, but that is not the usual case—whether we put this case outside No. 1 shed, or took it down to No. 3 shed, I cannot say—the Dock Company's people receive it for the purpose of putting it on board, and put it on board when it suits them—I think Lewis and myself were the two that put the case outside No 1. shed, or took it down to No. 3, or wherever it was we took it to—I rather think there was only us two—on returning to No. 1 shed we were all four together, Strickland, Bonham, Lewis, and myself, and I saw in the hands of Strickland a package containing some watches—it was open, but I think it was a brown paper package—I thought at first it contained only four watches, but I found afterwards there were five—there was one gold and two silver watches alike, and two other silver watches I believe somewhat larger than the others—they were looked at, and a consultation was entered into as to the disposal of them—one of us, I cannot say which, proposed to sell them—Strickland said he should like to keep the gold one himself, and also one of the silver ones for his son, and he would make good the difference to us—that was I suppose the value of what they would be sold for—that was not agreed to, and it was determined to sell them—I believe Lewis and myself went that night to a Jew named Moss to ask him if he would purchase them—he lived in Elizabeth-street, No. 3, I think, the corner house—I am not positive whether Lewis had any of the watches with him on that night or not—in consequence of my going there, Moss came to the Dock on the following day—I rather think the watches were left with Strickland that day—some of them were—I am not positive whether Lewis had any then or not in his custody—I think Strickland left them in the place that night—I am not positive, but I believe he left them in his own desk—they were in his desk at one time—he had a desk in No. 1 shed, in the place that was parted off for the searchers—it was the shipping-officer's station entirely—whether all the watches were put in that desk that night or not I cannot say—I saw Lewis with a package two or three days afterwards, which he represented to be the watches, and they appeared to me to be so, there was something like two or three lumps in the package, but I did not see the inside of it—when Moss came down to the Docks I believe we were all four present—the watches were produced to him, I cannot say positively by whom—I believe he offered 16l. for them to the best of my recollection—we did not consent to sell them for that price—we said, who said it I cannot tell, but we agreed if we could get 20l. for them to let them go—Moss would not give 20l.—he said if we would let him take them away he would see what he could get for them, but we objected to that, and eventually Lewis went to some place with him—he
had not the whole of the watches—I am not positive, but I think he had part—he went with Moss—he told me so three or four days afterwards—he said he took him to a palace of a place, but he went up a court to it, be described it as a very large mansion, but that he would not let him go entirely in; he left him in a place, and he left him so long that he feared whether he should be burked or not—that was all he told me at that time that I know of, only that Moss's answer was that he would not give the 20l. for them.
Q. Who at last had the watches? A. In the course of a few days, perhaps nearly a week, Strickland produced I should say 15l.—he said he would give the 20l., deducting his own share—he would take the watches, at all events, he gave me 5l., and 1 saw him give the other two sovereigns, but how many he gave I could not swear—I believed it to bo 5l. each—I never saw the watches again—I cannot say that I knew what had become of them—I heard from Lewis that they had been re-christened and sold among his own friends in the Lale of Wight, by a relation of his in the trade—I do not recollect whether we had anything in the shed after I came back and found Strickland with the watches—it was not an unfrequent occurrence for us to do so—we frequently had eatables and drinkables there—I do not know whether we had or not.
Cross-examined by MR. PRENDERGANT. Q. You frequently took brandy and water there, and other things? A. Yes, that is rather more common perhaps with us who have to examine than with other parties—I cannot say that I expected to see watches—I do not know what I expected to see—in fact I expected to see something, though I knew not what—by the manner in which the transaction occurred I thought something was not right—I was positive that the case had no business open at that time—I did not tell them to shut it—the watches surprised me—I did not expect to tec them—I do not recollect that I made any observation—I did not think it impertinent to do so—if I had done so I should have done right.
Q. Was it a sense of duty that restrained you? A. Quite the opposite—I had never been connected with anything of the sort before nor since—it was the single act of that description, with regard to watches—I have been at Nicholson's-wharf more than once or twice—I was suspended from there on a charge of stealing wine—I was suspended until the Board of Customs thought proper to hear the case—they were very busy at the time, and it was about seven or eight weeks I suppose—I was restored to duty—immediately after the case was heard—I forfeited my pay during my suspension—that was never returned to me—no other charge was brought against me—I was employed on what they call preferable duty immediately alter that—there is some duty better than others—what they call general duty is the worst of duty—preferable duty is somewhat better—I know a Mrs. Eastmore, or Eastmere—I did not go to her and tell her that I could make a charge against her husband—I received 5l. from her—I cannot say who she is—I know she gave me 5l.
COURT. Q. How came she to give you 5l.? A. In consequence of a letter that I sent to her husband—he is a landing-waiter in the service of the Customs—I did not demand 5l. from him—I received a letter from her to call upon her at Greenwich, and I called—she gave me the 5l. in the course of a few minutes—I do not recollect exactly what passed, but she said her husband had said something at one time about giving 5l.—I will
swear I did not say that unless she gave me money I would make a charge against her husband—she gave me the 5l. in consequence of a letter I wrote to Mr. Eastmore—it was not to prevent my doing anything—he had promised me 5l., and I wrote to him for it—it was not a debt—I was suspended for eight weeks upon the charge I have mentioned—it was incurred by and under his direction, I was not aware I was doing wrong at the time as I was instructed by him to do a certain duty, I was a weigher appointed, and acted under his directions, which he stated to the board, and in consequence of that I was restored to duty, and he promised me as I had lost my pay during the term I was under suspension he would make it good to me, in consequence of which he gave me 5l.—it was a voluntary offer on his part to make amends for the loss I had sustained—the letter happened to fall into Mrs. Eastmore's hands, and she wrote to me (he being on leave of absence at the time,) and begged me not to say anything to him—he came home that same night—I had acted by his direction—he was my superior officer—I was suspended in consequence of what I did.
MR. PRENDERGAST. Q. In consequence of what you considered your official duty? A. Yes—I explained that to the Board, and they restored me to my duty—that was not the second suspension; it was the Nicholson's-wharf business—it was about one bottle of wine—I remember some artificial flowers at Nicholson's-wharf—that was at the same time as the wine, and was embodied in one charge—it was a bit of artificial flower actually given me by a Mr. Austen, and I was charged by Nicholson's people with stealing it—I did not have the bottle of wine, or a portion of it—it was not my duty—I swear I never threatened Mr. Eastmore with making a complaint against him—the letter I wrote was not anonymous; it was directed to Mr. Eastmore, at Greenwich—I never saw it afterwards, and kept no copy of it—no complaint was brought against me afterwards about being in the proof-room at the Docks—I know a man named Simper—I wns not suspended or discharged from ihat duty, nor told not to remain in the proof-room—I went to Mr. Moss—I knew him too well before—I was introduced to him by Strickland in Jan., 1840, with some black satin that was taken from a case at the searchers at St. Katharine's Docks—that was my first introduction to Moss—that was done, under the direction of Strickland, by Strickland and myself—I do not know what was in the case besides the black satin—Strickland took it to Moss, and took me with him—Moss bought it—I cannot say at what time I saw Moss after that—I saw him on several occasions with different articles, principally spirits, from the Docks.
Q. That you and Strickland had taken? A. No, I cannot say I and Strickland, exactly, it might have been occasionally—I do not know that he was concerned on any particular occasion.
COURT. Q. Who got the spirits, you or Strickland? A. I had—I do not know any particular time that Strickland had any—I have been on duty when I have taken spirits—I cannot say how many times—not forty or fifty—if I was to say twenty times, it would be as much as I could say—that would be going to the extent.
MR. PRENDERGAST. Q. Was your dealing entirely with Moss? A. No, I have dealt with a person named Samuels—I have done things without Strickland, in connection with the other parties—he was concerned in the spirits, but I do not remember any particular occasion—my dealings with Samuels have been in spirits and cigars—I cannot say how many
of spirits—not ten—you may say five—I should say thereabouts; and about the same of cigars, perhaps—I cannot give any other names of persons I have dealt with—I do not recollect any other at the present moment—I do not think I have had dealings with others—I will not swear I have not, but I do not recollect any other name—Moss is a Jew—I am not po-sitive as to Samuels—I did not deal with any Christian in the same way, that I recollect—Samuels lived in Bed ford-street, Commercial-road, at the time—I have not dealt with Moss up to this time—I have had no connection with him for these two years past—I have had very little dealings with him indeed since the watches—none that I can recollect or know of—I have not seen him to have any connexion with him in any shape or make for two years, and perhaps longer, for what I know—I can-not swear whether the affair of the watches was the last transaction in which 1 have seen him or not—I think I have had dealings with Samuels since the watches—I am not positive about it—I mean to say that I have left off this work for two years—I should say I have not had dealings with Samuels within two years, but I cannot swear positively—I do not re-member it—I do not think it is at all within that time—I cannot tell the last transaction I had of this kind—I have repented long enough, that is ever since—I never wrote an anonymous letter—I keep no books—I do not know what each job of brandy averaged—not 5l. a lot—less than one-tenth part of it—I have stolen for less than 10s.—unfortunately it was not considered by us as stealing—the way in which it came into oar posses-sion, it was considered as smuggling—I cannot tell you why that was—smuggling is diiferent from stealing, but it was considered more in that way than any other—I do not recollect any other articles that 1 have sold to Moss, besides spirits and satin—I believe the paper on the satin specified 66 1/2, in pencil—whether that meant the number of yards it contained or not, I do not know—I received 15s. from Strickland as my share of it—there was no one else in it but Strickland and myself—I have sometimes sold fifty cigars at a time, and sometimes a hundred—seldom more—I think more often less—I was in the employ of the Customs up to the time I was taken into custody—I am not employed now—I was taken into custody on Saturday fortnight—I have not received any notice of my discharge—I have not heard of my being suspended—I have been in prison all the time—I am in custody now—at the time I first gave information on this busi-ness, I was employed in the Customs at the London Dock—I gave the information to Mr. Weale, a Custom-house officer—it is four or five months ago, I think.
COURT. Q. What, were you continued in the service of the Customs after that? A. Yes, I do not know in what capacity Mr. Weale is.
Q. How came you to give any information at all, then? A. Through the police—I did not complain to the police first—it was in consequence of the police coming to me—I was introduced to the police by Mr. Weale—he brought an inspector of the Detective police to me, and said, "That is Mr. Turner," and left me with him—I cannot say how he came to intro-duce him to me—I never saw the policeman before—he spoke to me in the London Dock and left me—he asked me questions, and I gave him answers, and I saw Mr. Weale afterwards.
Cross-examined by MR. SERGEANT JONES. Q. Did you give my information before the policeman was introduced to you? A. No.
Q. I suppose whatever information you have given, you have given because you expect not to be prosecuted? A. Why my only hope and expectation is to escape punishment.
MR. ATTORNEY-GENERAL. Q. After this suspension, in consequence of what occurred at Nicholson's-wharf, you say you were put on duty again; were you promoted by the Custom-house? A. I was, very shortly afterwards—I think some three or four months afterwards I went into the second class—I had stood on the top of the third class.
WILLIAM LAYCOCK . In June, 1842, I was apprentice to Mr. Wales, a tinplate worker—he was in the habit of attending at the Docks, for the purpose of unsoldering and soldering cases—I quitted his employment on the 2nd of July—about a week or ten days before I left I was sent by him to the West India Dock—I went to shed No. 1—I took my soldering tools with me—I cannot recollect what time in the day it was—I unsol-dered a case, and saw some watches and clocks taken from it—I do not know what day it was—I cannot remember seeing Mr. Scanlan there—I do not remember who was present—I know Strickland was there—I know Lewis and Bonham by sight—I think Bon ham was in the shed that day, and I think Lewis must have been there, for I seldom or ever went to any other shed—I cannot say whether he was there on that very day—there were about four or five there altogether—five with myself, I think—I cannot say whether I saw Turner there on that particular day—I have been him there—I know his face very well—the things were replaced, and I soldered the case up again—before I did so one of them, I cannot re-member which, took up one of the watches, placed it outside his waistcoat-pocket, and said, "That would look very well," or, "That would look well," or something of that sort—after I had soldered the case, Strickland asked me if I would go and get him some shrimps at Blackwall, which is more than half a mile from the Dock, I should think nearly three-quarters—I refused at first—he said he would give me two glasses of brandy and water if I went, and I consented to go—he gave me 2d. or 3d. to get them—they were to be live shrimps—I went, but could not get any live shrimps—I did not apply at more than one place—I got whitebait instead—I left my soldering tools in shed No. 1, while I went to Blackwall—I cannot say whether I left all the persons there that were present when I unsoldered the box, but I left some of them there—I saw an examining officer, but I do not know his name—I cannot say whether he staid—I brought the whitebait back to shed No. 1—I should think I was gone nearly three quarters of an hour, or quite.
Q. Would that have afforded an opportunity, if anybody had been disposed to avail themselves of it, of unsoldering the box and securing it again? A., Yes—on my return I found them drinking brandy and water—I think I found about four there—I made the fifth as far as I recollect now—I can speak positively to Strickland being one, and I think Bonham was there—I have no recollection of the others—I have no stronger recollection of Lewis—I know his face, and have seen him in the shed—whether I saw him on either of these occasions I cannot recollect—I had some brandy and water, I cannot say exactly who gave it me—I think it was Strickland who promised me—I drank one glass, and 1 think I had another one, or part of another—it was filled out for me.
Cross-examined by MR. PENDERGAST. Q. You found your tools all right when you came back, I believe? A. I believe I did—I cannot exactly recollect now—I do not know that I put out my fire before I went for the shrimps—I think I did, but I cannot say positively—it is what I generally do—when I have done my job, I put out my fire, as a matter of course—I went to get something to fish with—I do not know whether the officers are fond of fishing—I believe there is fishing in the West India Dock—I have been in the habit of going in and out there for three years—I believe I have seen people fishing there—I believe I brought the white-bait for that purpose—I cannot say whether they were alive—I asked for live bait, but I did not care much what I got so as I got bait—I went just to oblige—I did not care about the brandy and water or anything else.
Cross-examined by MR. HUDDLESTON. Q. When was your attention first called to this case? A. As far as I recollect, about twelve months ago—I was then at work at Woolwich—I do not know that I ever saw Bonham after I left Mr. Wales—it was a gentleman who called my attention to this—I do not know his name, or what he is—I have seen him here today.
MR. CLARKSON. Q. What sort of fire do you use for this purpose? A. Charcoal—that is ignited very soon indeed—in a minute or so—we used to keep our charcoal in the shed for that purpose, in a small tub—we used sometimes to have lucifers to light it, and sometimes we took our pot up to the searcher's office, and put it on the fire there—we had a fire-pot to put the charcoal in when lighted—we used to leave our fire-pot there—when I went for the shrimps I left the charcoal there—I generally turn it out, and afterwards sprinkle a little water on it—I cannot recollect whether I did so at that time.
COURT. Q. When you came back, did you observe whether the fire was in or not? A. I did not—I think it was about the middle of the day, about twelve o'clock, when I went—I cannot say positively now.
HENRY RICHARD TURNER re-examined. I did not observe whether any fire was alight at the time, I went into the shed and saw Lewis and Bon-bam standing by the case—I saw no tools of any description belonging to the tinman—I should say the lid was in their hands at that time—I mean the wood covering, not the tin—I did not see any tools there, or any fire—I cannot recollect that I saw the fire put out—I frequently saw it there—I cannot recollect that I did at that moment—I did not see the closing of the box—after the examination I saw the tinman waiting in attendance—I did not see him re-solder the box—I do not recollect seeing the fire put out, or his being sent away—I think I do remember the fire being put out—I did not see it put out—I have not heard of any reward being offered, nor seen any bills offering a reward.
JAMES WALES . I am a tinplate worker, in Regent-street, Blackwall. I have been employed to solder and unsolder packing-cases for the people at the Dock, for I believe these twenty years—Laycock was my apprentice in June, 1842—I frequently sent him to the Docks to solder and unsolder cases, until one day that he came home rather the worse for liquor—that might be about ten days before he left me, or from ten to twelve days—I have my day-book here—I always enter everything into it myself—here is an entry, "23rd of June, 1 case of watches"—that means one case of watches unsoldered and soldered up on that day.
Cross-examined by MR. PRENDERGAST. Q. Then I suppose if it had been unsoldered only, you would have put half a case? A. No—when a case comes down unsoldered, the merchant has to pay, but when it has to be unsoldered and soldered up again, the Custom-house pays—Laycock ran away from me one Sunday morning.
COURT. Q. Can you recollect the time of day when he came home the worse for liquor? A. I think, as near as I recollect, about three o'clock in the afternoon—I recollect saying when he came home, "William, you are not fit to go into the Dock, if you do such a thing as that, and there-fore I will not allow you to go any more," and after that I went myself.
Q. Can you tell whether that day was the same as you have read from the book, the 23rd of June? A. That case, according to what I could understand, was the case after which I told him he should not go into the Dock again—I have a perfect recollection of his coming home rather the worse for liquor—I have no doubt it was him that soldered up this case on this account, that as soon as I had soldered a case up, I drowned the pot directly, and never left it with any fire in it, and took my soldering-irons away—this entry does not show whether he or I went—I could not recollect, to swear to it, whether it was he or I went, but I know at that time he came home the worse for liquor, and I would not allow him to go afterwards—I never left my soldering-iron behind me, nor the fire alight—I always made a custom of drawing a bucket of water, and drown-ing it out—I turned the fire out of the fire-pot, and then put more water into the fire-pot as well—it would take from ten minutes to a quarler of an hour to light the charcoal in the fire-pot, and make a fire; and probably three, four, or five minutes to heat the iron—it would take at least twenty minutes to get a hot iron.
WILLIAM SKINNER . I am appointer of weighers and lockers in the Customs. In June, 1842, it was part of my duty to appoint cenain of the weighers to act as searchers' coopers at the West Indian Dock—(referring to some papers)—H. R. Turner, William Bonham, and Edward Lewis were the three searchers' coopers for the month of June—their duty was at No. 1 shed in the Export Dock, until the searcher took them away—I have a book here from which I call over the attendance of persons who are on duty—I find the names of Bonham, Lewis, and Turner on the 23rd—I call over their names and enter them, and if they appear I tick them as being present—I find my ticks, showing they were on duty that day—their hours of attendance were from eight to four—the shipping-officers sign sheet on and off—this is the sheet—Strickland was a shipping-officer on that day, and has signed on at eight in the morning, and off at four in the afternoon—this is his own handwriting—I am positive of it.
Cross-examined by MR. PRENDERGAST. Q. Sometimes they sign off in the morning, when they have obtained leave of absence from the searcher? A. Never, to my knowledge—they should let me know when they are going—that is generally the case—I could not positively say always—it is not done very frequently—they are too particular for that.
Cross-examined by MR. HUDDLESTON. Q. These are the appointments of the searchers' coopers? A. Yes, these three; others are appointed besides daily, for general duty, but these for the month—I have no entry is any book of their appointment, only their certificates, which are issued by me at the last day of the month—their accuracy is attested by Mr. Scaulan—they then come back to me, and are taken to the pay—office in town with
a bill which I make out after being signed by the landing-surveyor, for them to get their pay—these three were appointed for that month—I could not swear no others were appointed, but I should say not—these documents do not enable me to say so, nor does this book—here are thirty-three men entered as at work in the Docks on the 23rd of June, six of them were em-ployed as messengers, and three as gatekeepers—there are never more than three searchers' coopers appointed for the month—there are sometimes three searchers, and sometimes four, I think—I can hardly say—we do not have a cooper for every searcher—there is generally a searcher in the office, and he does not want a cooper—I have nothing to do with the appoint-ment of the searchers—they are appointed for the year—I do not know how many there are—sometimes three, sometimes four, and 1 believe sometimes five—I do not appoint a cooper for each searcher—they apply to me for as many men as they want, and I supply them—I have no document besides these certificates to show how many men they applied for on the 23rd of June—I would not say that these certificates show that only three searchers' coopers were appointed for that month—three is the regular number—if they want an extra one they apply for it.
MR. BODKIN. Q. Had anybody but you, authority to appoint searchers' coopers in June, 1842? A. No—I received these three certificates, show-ing that the three persons named in them acted as searchers' coopers for that month—the letters W.S. on them are my initials—I should say to the best of my knowledge that I did not appoint any other person to act as a searcher's cooper in June, 1842, except these three.
WILLIAM ROBERT STEVENSON . I am an officer in the service of the Kast and West India Dock Company, On the 23rd of June, 1842, I received into my custody three cases marked "ABS," and a diamond, Nos—I to 3, to be shipped on board the Coromandel, for Bombay—No. 1 case was left in custody in that portion of No. 1 shed, appropriated for the examination of goods by the searcher.
Cross-examined by MR. PRENDERGAST. Q. Was it placed there by you? A. No—I went there and saw it in the afternoon—perhaps at one or two o'clock—I went there for the purpose of identifying it—it was not opened at that time—I was informed it had not then been searched—there were three cases.
MR. BALLANTINE. Q. But only two were left in this shed? A. Three—I have no memorandum that shows me the time of day I left them there—I only speak from my recollection.
COURT. Q. What makes you recollect the marks upon those cases? A. I went to identify them for the purpose of making out the merchant's bill of charges—I have a shipping note in my hand that was presented to me at the time—the marks here are "ABS and a diamond, 3 cases," and a memorandum of the charges which I made at the time on each case—this memorandum satisfies me that such things were placed in that shed—the merchant's date on the paper is the 23rd of June, and our counter-date is likewise 23rd of June.
THOMAS HUTCHINS . I am a foreman in the service of the East and West India Dock Company. On the 28th of June, 1842, I shipped three cases marked "A. B. S." and a diamond, Nos. 1 to 3, on board the Coro-mandel, for Bombay.
Cross-examined by MR. PRENDENGAST. Q. Were they put on board by you? A. Up to the ship's side—they left No. 1 shed on the 23rd—the
greater part of the interval between that and the 28th they were in No. 2 shed under my charge, but the precise time I cannot tell—the la-bourers under my direction removed them—I saw them put on board.
COURT. Q. How many days were they in shed No. 2? A. I cannot exactly say, it was more than one day—I cannot tell whether I received the cases from the searchers, or from the wharfingers—at this distance of time my memory does not serve me.
JOHN HAINES . I am an inspector of the detective police. I have been employed since last Feb., by the Custom House, for the purpose of endeavouring to discover some of the watches supposed to have been taken. On the 8th of Aug., in consequence of information I had received, I went to the prisoner Osborne's house—I had seen Mr. Yeoman before I went, he showed me a watch, and told me where he got it from—I took the number and name, and desired him to keep it—Osborne keeps the Crooked Billet on Tower-hill—he was not at home when I first went, but I waited till he came in—I told him I wished to speak with him privately—I went into the bar parlour with him—I then told him I had come upon very unpleasant business, that I had a search warrant, which I showed him—after telling him who and what I was (in fact I gave him my card) I told him I did not want to make things more unpleasant than there was a necessity for, as I understood hit wife was very ill in bed—I then cautioned him as to any answers he might make to the questions I was about to put to him—I said, "I hope you will be very particular in answering the questions I am about to put to you, because it may be of great importance, the answers you give"—I then asked, whether he had not sold a watch about three years ago, to a person named Yeoman, who kept a livery-stable in Lamb's Conduit--street—he said he had—I said, "You have the fellow watch to it in your pocket"—he said he had—I told him I must have it, and he produced it, took it from his guard and gave it to me—I then said, "Now I don't wish, as a matter of course, to go into your wife's bed-room; will you fetch me the gold watch which she has?"—he went and fetched the gold watch which I have produced, and gave it to me—I then said, "I hope you will be able to give me a satisfactory account of how you came into possession of these, watches"—he said, "I bought five of them"—I said, "Whom did you buy them of?"—he said he bought them of a man who occasionally used his house, when he kept the Lamb, in Lamb's Conduit-street—I said, "What is the man's name?"—he said he did not know—I said, "Where does he live?"—he said he did not know—I said, "Will you give me a description of him?"—he said he would consider about that tomorrow—I said, "Where are the other two watches?"—he said, "I sold one to my solicitor, Mr. Taylor, No. 2, Castle-street, Holborn"—I said, "Well, where is the other?"—he said he did not think he had more than four—I said, "It is rather an extraordinary thing, is it not, for a publican to buy watches worth between 40l. and 50l., and not to be able to say whom he bought them of"—he said they were brought to his house to be raffled—he said when he kept the Lamb, he had a great many raffles at bis bouse—I said, "Well, at all events you can give me a description of the man"—he said he dare say he should be able to find him for me in a day or two—I think that was nearly the whole of the conversation at that time—I then left the house, and went down to Strickland's, which is a public-house in Anthony-street, close by Rosemary-lane—I went in front of the
bar, and had a long conversation with him on general topics—nothing connected with this—I was in the house about twenty minutes perhaps before I apprehended him—as I was going out at the door with him, he said to his wife, "Send to Osborne to look after the cellars"—I took him to the station, and he was locked up—I immediately went back to Osborne's—he was not at home—I then went back to Strickland's, and found Osborne there and apprehended him—he said Mrs. Strickland had sent for him in a very great hurry—he said nothing more about the watches.
Cross-examined by MR. PRENDERGANT. Q. I believe you took such measures as you thought fit for the detection of this matter? A. I did—a reward of 50l. was offered, but not until I had been engaged for months—I had been introduced to Turner months before—I offered the reward after I knew who the thieves were, as we could not trace the watches—it was for the production of the watches, not for the thieves—it was offered to any one who would produce either of the watches, so that the produc-tion might lead to the conviction of the offenders—it was to be paid on conviction—I had had a conversation with Turner respecting the prisoners, except Osborne, months before those bills were printed—I do not think I have seen Turner for two months past—2,000 bills were printed (and a similar advertisement twice inserted in the Pawnbrokers' Gazette,) and circulated throughout the Metropolitan Police District, and different parts of the country.
Q. This was the only thing you heard of from Turner 1 suppose? A. Oh, he mentioned some other little peculations that he had been engaged in at the time with the other prisoners, such as cigars, brandy, and so on, but not at all connected with this affair—I was introduced to Turner by Mr. Weale—he is employed at the solicitor's office at the Custom-house—he knew Turner very well—he went with me to him at the London Dock, and introduced me to him, and I had a conversation with him, in consequence of which we afterwards had a meeting, and I took down his statement, which was remitted to the solicitor of the Customs—Mr. Weale is a Custom-house officer, but attached to the solicitor's department—I do not know what he is called there—I have known him fourteen or fifteen years—he was not an intimate friend of Turner's—he was making the inquiry with me—we were assisting each other as much as we could—I did not know Turner—he did not introduce me to Turner as to a man that would give information—we did not know he would give any information at all when I was first introduced to him—I put several questions to him, but at that time he said nothing about this or any other robbery—from circumstances which had transpired in the course of our inquiry, we were induced to believe that Turner and some of the prisoners were engaged in this transaction—I can hardly say that I expected to get information when I first went to Turner, for I really did not know whether he would give information or not.
Cross-examined by MR. SERGEANT JONES. Q. Had you been to Mr. Taylor, the solicitor, before you went to Osborne? A. No—I found his statement about having sold the watch to Mr. Taylor correct, and also about having sold the watch to Yeoman—I at once told him I was an inspector of police on first going into the house—I told him 1 had come on very unpleasant business, that I was in possession of certain facts which, if he listened to me two minutes, he would be well aware of, and I put it to him whether it would be better for him to give me straight forward answers to my questions or not, at the same time telling him to be cautious
as to the answers he gave, as it might be important to him—I did not tell him I had come to take him into custody—I told him I had a search war-rant—I told him it was confined to the watches, and then he produced them—I found his initials on the watch he had, and his wife's on the gold watch, but I had told him that was the case, because I had been to Mr. Webster, who put them—I also found Mr. Yeoman's initials on the watch he had—I did know Osborne when he kept the Lamb—I did not suggest to Strickland, when I took him, that perhaps Osborne would be bail for him if he sent for him—I did not mention Osbome's name to him at all—Strickland's house may be about half a mile from Osborne's, or nearly so—the Crooked Billet is at the top of Rosemary-lane, on Tower-hill, and Strickland's house is at the other end of Rosemary-lane—the Crooked Billet is a very large establishment—I believe Osborne has been there twelve months or more—I took him into custody immediately on meeting him again at Strickland's—that was perhaps twenty minutes after I had taken Strickland, for as soon as I left him I went as fast as I could to Oiborne's, and then took a cab back to Strickland's, because I expected to find him there, from what I had heard Strickland say to his wife, and from something else that I was in possession of.
COURT. Q. Where did you get each of those four watches? A. This with the initials "J. Y." I received from Mr. Yeoman at the Thames Police-court—it was given up by order of the Magistrate—I had seen it previously in Yeoman's possession, but he refused to deliver it up to meat that time—this gold and this silver watch marked "H. O." I received from Osborne, and this other from Mr. Taylor at the Thames police-court.
ELIZABETH BARKER . I was acquainted with a person named Williams in his lifetime—in 1842 he was in the habit of frequenting the Lamb public-bouse, in Lamb's Conduit-street—I was living with him at that time—I remember being with him at the Lamb when I saw some watches—that is near three years ago—I saw Mr. Osborne, the publican, there—he said he had five watches left there for sale—he produced them—I only saw three—he said he had five thenone was gold, and the other two appeared silver—I did not look at them particularly—it was in the bar parlour that I saw them—I know Strickland—I have seen him at the Lamb several times—I saw him there three or four weeks before I saw the watches, and I have seen him there since—he and Osborne seemed very friendly—the bar parlour is a private room—it was in that room that I have seen Strickland with Osborne.
Cross-examined by MR. SERGEANT JONES. Q. As near as you can, tell us the time these watches were produced? A. I cannot tell—I am sure it was in 1842—I cannot recollect the month—I think it was either Aug. or Oct.—I do not think it was earlier—I had not seen Strickland abow twice before I saw the watches—I may have seen him a year before—he was an intimate acquaintance of Mr. Williams's—they were on friendly terms, and in the habit of going out together—Williams was clerk to a solicitor, in Lamb's Conduit-street—he had been with him for some years—he left about that time—I have often seen Williams and Strickland together at the Lamb—they were sometimes up stairs in the club-room, where other parties would be too—Williams died suddenly—Mr. Osborne got up a subscription for his wife and family I lived with him for ltt years as his wife, and had two children—Mrs. Williams bad five—I received none of the subscription—I expected some—I was not much disappointed at not getting it—I understood it was as much for me as the wife—I
did not apply to Mr. Osborne for any of it—he did not know but what I had some of it—Mr. Osborne first spoke about the watches, and ¦bowed them to Williams—I had not heard Williams say anything about them before that—he did not appear to know anything about them—I continued to live with him up to the time of his death—he had not left his employment long when I saw the watches, some weeks—he had not been entirely out of employment during that period—he had been down in the country to settle some business for the gentleman he had been with—he was quite out of a situation six or eight weeks—he was reduced in bis circumstances in consequence—he was not in distress at that time—he had been settling business for the gentleman all that time—he bad not entirely left—his salary had not ceased quite six weeks before I saw the watches—I cannot say how long—he had left before I knew of it—he was not out of his lituation above a fortnight before I saw the watches—he had been in the country between a week and a fortnight—Mr. Osborne took the watches out of the cupboard in the bar—there were two gentlemen there besides—he produced them before all of us—I did not hear him ask the gentlemen to buy the watches—they heard him say he had them left for sale—the bar parlour is a very little place—there were persons going to and fro in the house—he made no secret of it—the Lamb is frequented by a great many customers—I had often been there before this—I have been present at a raffle there once or twice—I was there when some china was raffled for twice—I have often heard Mr. Osborne say that when persons wished to dispose of things they came there to put them up for a raffle—I know Mr. Yeoman—he was a near neighbour of Mr. Osborne's.
MR. CLARKSON. Q. Where were you living at that time? A. At No. 8, Constitution-row, Gray's Inn-road—I have had no quarrel or misunderstanding with Mr. Osborne—I had never seen any of these watches till they were produced by Osborne, nor had Williams seen them till that occa-sion, that 1 am aware of—I do not know who the two persons were tbat were in the bar parlour—they were strangers to me.
JAMES YEOMAN . I am a job-master, and live in Guildford-street. I knew Osborne when he kept the Lamb, and have seen Strickland there several times—I used to consider he was an acquaintance of Osborne's—I have driven out with Strickland—I do not know that I have driven out with both of them—I am not quite sure whether they have gone out together in vehicles from my yard—I purchased a watch from Osborne—I cannot tell exactly the time—I believe it was in 1842—I cannot say at what period of the year—I am sure it was in 1842—I afterwards gave up that watch to Haines, at the Thames police-court—I gave Osborne five guineas for it—I am not quite sure what he said about it, but I think he said he had bought it at the Custom-house.
Cross-examined by MR. PIGGOTT. Q. Do you pretend to give at all accurately what he said about the Custom-house? A. I cannot charge my memory exactly about that—the watch was broken about three weeks or a month after I bought it—it did not go, I took it back to Osborne, and he broke the spring in trying to put it right—I wished to return it—he would not take it back—he said the watch was a very good one—he sent it to Mr. Webster's, and he applied to Osborne to be paid for it—Osborne refused to pay him, and he then applied to me—Osborne and I quarrelled about it, and I was obliged to pay—I consider I had given the value of the watch—I had two or three other watches from Osborne for several days to try and sell them, four altogether—I showed them to a good many of my
friends, but could not sell them, and returned them to Osborne—I had mine on trial before I bought it—I took it to my watchmaker's, and had my initials put on it—one of those I had to show was a gold hunter—it was something like this—I showed them publicly I was in the habit of fre-quenting Osborne's house—I have been present at raffles there—there have been a great many things raffled for—two or three horses were raffled for, one was mine, and some stuffed birds, and two or three watches at different times—I was in one or two—I cannot say in what year that was—I did not suspect I was buying a stolen watch when I purchased this—Osborne always acted in an open manner whenever I dealt with him—he gave me the watches to do as I liked with—there was no secret about it, and I made none—I did not know him before he took the Lamb, which is about five years since—he had it about two years—he bore the character of a respectable man, as far as I heard.
MR. BALLANTINE. Q. When he gave you the other watches to sell for him, did he tell you where he got them from? A. I understood from him that he had bought them at a Custom-house sale.
COURT. Q. Are you sure whether he said at a Custom-house sale, or from a Custom-house officer? A. Why, I am not quite sure, for my memory is so very bad—I have had an accident, which has impaired my memory.
CHARLES WEBSTER . I am a watchmaker, and live at No. 24, Red Lion-street, Holborn. In Sept., 1842, Osborne brought me a gold hunt-ing watch, and two silver hunters—the two silver ones were to be engraved on the outside of the case, and the gold one was brought merely to know the value of it—they were all brought at the same time—he said he was either going to buy them or had bought them, I do not exactly know which, of a friend who was in want of money—he asked me the value of all three.
Cross-examined by MR. SERGEANT JONES. Q. Did you tell him you thought the gold watch was worth about 12l.? A. Yes, and the two silver ones somewhere about 6l., each—I considered that the utmost value of them—I knew Osborne perfectly well, as keeping the Lamb—I put the initials "J. Y." on one silver watch, and "H. O." on another—I cannot speak so confidently as to the gold one, because that was not done at the time—I believe I put these initials, "S. O.," on it—I took them in on the 1st of Sept.—I did not know Williams—Mr. Yeoman's watch was sent to me to repair—I applied to him for payment—he refused, and I went to Osborne—he refused to pay me, and ultimately Mr. Yeoman did so—I should say that dispute lasted six weeks or two months—Osborne came to me in the ordinary way, as a customer would who had nothing to conceal—I had no thought of anything being wrong, because he came in so straightforward a way—he did not tell me to say nothing about it, or anything of the sort—he merely asked me the value—if any one had applied to me to know anything about the watches I should have told directly who brought them—I did so.
MR. SCANLAN re-examined. Q. Did you say the box could not have been broken open and the goods abstracted during the hours of business? A. That is merely an opinion of my own—I do not think there was suffi-cient time for them to have the shed to themselves, to do anything of the sort during the hours of business—the officers leave the dock at four o'clock—they do not stop after that on official business, but they are not turned out of the dock—they would be allowed to remain after four if they chose.
MR. ROBINSON re-examined. One person could undo the lid, unsolder the case, and solder it up again.
JOHN HAINES re-examined. When I went to Osborne's house he stated that the man who sold him the watches said they had been made for a family, that the gold one was for the father, one silver one for the brother, one for the mother, and one each for the two daughters, that they were parted from in consequence of the family being in distressed circumstances—he also told me that he dare say he could find the man in a day or two—that was the day I took him into custody.
WM. SKINNER re-examined. When the shed is locked up at four o'clock the key is brought into my office—it is the duty of one of the shipping officers to lock it—the key is in his custody between eight o'clock and four, not in his pocket—the shed is generally open and the key in it I think—there is only one lock to the door—I keep the key until the morning and they take it out when they come.
(The prisoners all received excellent characters.)
NOT GUILTY .
OLD COURT.—Tuesday, August 25th, 1845.
Fourth Jury, before Mr. Baron Platt.
GUILTY . Aged 30.— Death recorded.
1625. WILLIAM COLEMAN BALLS was indicted for feloniously forging and uttering an acquittance and receipt for 30l., with intent to defraud John Randall and others.—Two other COUNTS, with intent to defraud George Selby and others.
MR. BALLANTINE conducted the Prosecution,
JOHN RANDALL . I am steward to the United Brothers' Provident Society, held at the City of London public-house, Sidney-street, City-road—in the beginning of 1844 the prisoner was secretary to the society, and bad been so, I think, about five years—it was the duty of the steward to keep the books of the society—I was steward at the time—it was the prisoner's duty to make the entries in the books—there was a minute—book kept and a depositor's book—this is the minute-book—the depositor's book we have been unable to find—there is a resolution entered in the minute—book, on the ht of Jan. 1844, in the prisoner's handwriting, that the senior steward, in conjunction with the secretary, should add the interest to the principal in the savings bank—I went on the 2nd of Jan. with the prisoner to the savings bank for that purpose, and made the necessary arrangements—I think the principal and interest, when added up, was 52l. odd—I saw the prisoner produce the depositor's book at the bank—I believe it was the duty of the steward to take care of that book, but the prisoner had always been in the habit of having it—it was returned into his hand at the bank, with the minute-book, and I have never seen it since—I never asked the prisoner for it—here is an entry in the minute-book, of the 5th of Feb. 1844* in the prisoner's handwriting, "J. Randall deposited the bank book in the book"—there was a conversation with the prisoner afterwards about that entry, and he said he must have made a mistake, he must have meant box—I never did deposit the bank book in the box—I first found it was not in
the box on the 2nd of June, 1845—he always had possession of the minute—book—I do not know the exact number of books we had altogether—there were only two required at the bank, the minute and depositor's, or bank book, which is a book of receipt from the bankers—I believe the prisoner is a compositor and printer—I have frequently seen him write, and know his handwriting—(looking at the receipt for 30l. in the bank-book,) I believe the signature of William Jones to be the prisoner's handwriting—we have a William Jones in our society—the prisoner had no authority from our society to draw out that money—if we had wanted it I should have been appointed to receive it,
Cross-examined by MR. O'BRIEN. Q. How long had you been steward before the 1st of Jan.? A. That was my first entry—I remained steward three months—it is not a rule that the stewards for the time being should have possession of the books—we never had possession of them—there were other books besides the minute-book and the bank-book, but I cannot mention their names—I do not know the committee-book by name—I have known of another minute-book since, but not before—we call it another minute-book—we have no right to have two minute-books—this is it—(looking of a book labelled "Committee-book")—lhere is no entry in it after the 5th of Feb. 1844—I see here an entry of 18th Dec. 1844—we knew nothing of the way in which he managed the books, they were done in such a strange way—here is an entry of my going to the bank with him, made almost at the beginning of the book—here is an entry—"1845, J. Randall, Sept. 29th 7s. 6d., ditto 12s.," &c.—that is, money I was receiving when 1 was sick—those entries are not made under the direction of the steward—the secretary makes them of his own option—he knows what to put down—the stewards draw the money from the landlord, and pay it to the sick members—the secretary gets the account from the landlord's book, which we sign for his security—I have seen this book before, but never examined it par-ticularly—the other stewards had also an opportunity of seeing it—I believe the minute-book was generally on the table every night of meeting—the books were kept in the box, but this book the prisoner had in his pos-session—it has never been kept in the box since 1 have been there—there were three keys belonging to the box in which the bank-book was kept—the prisoner had neither of those keys—the two stewards had each one, and the landlord one, each for a different lock, so that all three keys must be there to open the box—James Andrews was my fellow-steaard, and Hume Graddon, but he was not a free steward—we always kept the bank-book in the box till it was taken to the bank—our accounts were generally made up and balanced in Dec.—this book does not contain the receipts and expenditure, it is called, "Receipts and Expenditure-book"—here is an entry, "Balance to treasurer"—we were never aware that this book contained any entry of the sort—it was a larger book in which that was entered—this is the book—this other was expressly for a minute-book—I never examined to see whether it was marked with receipts and expendi-ture—nothing but minutes of meetings had any business in it—I have belonged to the society rather better than five years—here is a minute in the book, authorizing me to proceed to the bank.
Q. How often were you in the habit of going to the bank to have the interest added up, in order that it might become principal? A. It used to be done once in six months, but lately once in twelve—I am not aware when it was done before Feb. 5th, 1844—it was not my duty, after April,
to examine any of the books—I do not recollect who succeeded me in office.
Q. Look at that entry, does it not follow in the same handwriting, and in the same ink as the entry above it, "J. Randall deposited the bank-book in the box?" A. It could not have been so—the handwriting is all one, and the ink may have been all one, for what I know—I do not think any of us ever looked at the minute-book—we trusted too much to the prisoner—we had a steward's book, in which we kept an account against him of what members paid, and what they did not pay—the name of William Jones is not in the notice, only in the receipt—I believe it to be the prisoner's writing—the W. and J. are like his—he sometimes signed his own name William, and sometimes W. only—my attention was called to this receipt some time in June last.
MR. BALLANTINE. Q. I believe that is a blank depositor's book? (producing one.) A. Yes—the minute-book was entirely in the prisoner's keeping—I never noticed it before, and never observed the words "re-ceipts and expenditure" on it.
MR. O'BRIEN. Q. Look at that book (labelled "Committee-book"), and see whether that is not the minute-book? A. was never aware we had such a book—this has got minutes in it like the other book—it is in the prisoner's handwriting.
MR. BALLANTINE. Q. Is this named "Committee-book" by yon, or pasted on by the prisoner? A. It is a name that he gave it—I believe the whole of this to be the prisoner's writing—this "general meeting, &c, 9th of June," was the last writing I saw him make—the name of Jones if in that—it is nothing like the signature to the receipt—it is a different handwriting—I have been in the habit of seeing him write for about five yean—if the depositor's book had been put back into the box after being de-livered to the prisoner at the Bank, he would not have been able to get it without the knowledge of the three persons who had keys.
THOMAS NIXEY . In Jan. and Feb., 1844, I was a manager of the Finsbury Savings-bank—the Birmingham United Brothers' Society banked with us—before they took out their money, it would be necessary that a notice should be sent—I find such a notice in our "Notice and Repay-ment book," on the 14th of Feb., 1844—we have certain numbers in our book, and also in the depositor's book, held by the customer—the number referred to tells me whether or not it is a right account—I attended on the 21st of Feb.—I find on that date this receipt, "Finsbury-bank for savings: We the undersigned do hereby acknowledge the receipt of the sums annexed to our respective names, this 21st of Feb., 1844;" and, under the No. "9," are the names "William Nash, Thomas Bond, and William or Willan Jones"—three persons must have been present to have signed that, or I should not have given the check—we require the presence of all the three parties signing, as they do at the Bank for a transfer of stock; and upon their signing, I give a check, which is paid by another person—the depositor's book is essential to be produced—it gives me the clue where to look, and also where I am to refer for the amount I have to pay—I then take their names and I have their minute-book before me at the same time, to see that the signatures are the same as I have taken—we do not require the same signatures to the notice that we do to the re-ceipt—I do not know the persons signing the receipt, only from the minute-book, and the Secretary comes—I find their handwriting in the minute-book—with
reference to this particular transaction, I do not remember the production of the minute-book at all—it would certainly not have been paid unless the minute-book had been shown—there is only the name of Thomas Bond in the notice—I paid a check of 30l. to the persons signing the receipt—here are my initials, both in the book and on the check—I should not have given the check until I had seen the depositor's book—I personally do every act myself before I part with the check.
Cross-examined. Q. You have no recollection of this particular traos-action, except by referring to this book, and judging of your usual regu-larity? A. Certainly not—we require the depositor's book both when notice is given, and also when the money is paid—as far as I recollect, it is invariably present when the money is paid—I cannot say that in no one instance has money been paid without it, because I do not pay all the money—I firmly believe I never gave a check without the minute-book being produced—I do not think it is at all possible I should give a check without the minute-book being before me—I did not receive the notice—I do not know whether the depositor's book and minute-book were produced then—I do not recollect any transaction with this Society before—I could not swear that I compared the signatures in this book with those in the minute-book on this occasion—most likely I did—I cannot recollect parti-cularly as to this single transaction, but it is the usual practice to do so; and I should expect I did so then—I gave the check to one of the three persons who signed—the secretary most likely—he is generally the party who takes it—there is no "secretary" marked here, but I should give it to the one who would call himself secretary, although he has not signed u such—there is nothing in this entry to show me to which of the three the check was handed—the depositor's book, after passing through the ledger, comes to me as having to give the check.
MS. BALLANTINE . Q. Is it usual for the secretary to sign the last of the three names? A. Yes—I do not know whether it is usual to describe his office—I merely take the names—the actuary and a clerk are generally present to direct the parties applying how to sign their names.
COURT. Q. But have you any recollection of this transaction? A. Not in particular—I take my turn as one of the managers, to attend—I thirik the trustees for the time being, and the secretary, must be the parties to withdraw the money—I think the secretary must be one, but the actuary can explain it better than I can—I acted on these three sig-natures, and gave the check—what I require is the depositor's book in the first place, to see that it corresponds with the number that I have in our "Notice and Repayment-book"—I do not myself particularly look at the minute-book—it appears to be the duty of the actuary or the clerk to have examined that previously, to see that it is right.
Q. I understood you to say you personally investigated all the particulars before you paid the money? A. Yes, as far as the repayment went—as to whether these parties were authorized to receive it or not it was not my province—it was my province to pay when the proper documents were before me—the first document would be the depositor's book—that would show that notice was given for so much money to be withdrawn—it does not give the names of the parties who are to receive it—the minute-book would give me that—the minute-book must have been before me, or I should not have paid the money—having the notice, the minute-book, and
the depositor's book, before me, and seeing that the number corresponded, I should give the check—I should not go to the actuary to ask him any question at all, unless I was in any doubt about it—no one of these parties has signed as the secretary—I did not notice that at the time, nor do I know exactly that it is necessary—I did not require the secretary to be there.
WILLIAM BAILEY . I am a manager of the pay department in this Savings Bank. On the 21st of Feb. I paid this check for 30l.—this is my entry of it—I have no minute of the manner in which it was paid—it would be most likely paid in gold, but I cannot say.
WILLAM NATHANILE WORTLEY . I am actuary of the Finsbury Sayings-bank. George Selby is treasurer, and a trustee—on the 1st of Jan., 1844, the United Brothers had money deposited there—I find a notice in this book to withdraw 30l.—I received that notice—it would be the duty of other parties to pay it—the depositor's book would be retained at the bank till the following week, that the necessary entries preparatory to the repayment may be made—it is kept in my hands, or my clerk's, until the party send in their ticket, which contains a number, for the payment of that number—the secretary of the society is then called upon to produce the minute-hook, that I may judge who are the right persons to receive the money—I remember nothing whatever about the payment of this parti-cular money—it is usual for the secretary to come when the money is paid, and to sign at the foot of the receipt—the minute-book directs us who to pay—it contains the handwriting of the parties.
COURT. Q. Suppose it appeared that three of the members were to sign for the society and receive the money, no one of whom was secretary, would you require a fourth signature "as that of the secretary? A. If he was present—it would require some very particular excuse to relieve him from attendance, but the signatures of the trustees are the essential signa-tures—the signature of the secretary is usually taken for the purpose of identifying the trustees—our discharge is the signature of the persons to whom it is payable—the bona fide nature of the transaction, and the appearance of the minute book, would be the things we should judge by in that case—I do not know the prisoner—I never remember to have seen him—we have so many thousand depositors.
Cross-examined. Q. How long has the United Brothers Society banked with you? A. Since Feb., 1834—I do not know any of the members—I look into the minute-book to see the names of the parties deputed to receive the money—it is invested in the names of the trustees for the time being, and the minute-book shows us who are displaced, and who supply their places, and the genuine appearance of the book is the thing to guide us in the repayment.
COURT. Q. Then what check have you upon three persons who may come and represent themselves as the persons to receive? A. None what-ever, except what we obtain from the minute-book—the signatures of the chairman and secretary in the minute-book are the only two signatures we look to—the secretary attends with the parties, and says they are the gentlemen authorized to receive the money—they change their trustees every three months, and sometimes every six weeks—the signature of the secre-tary in the minute-book would be compared with his signature when he signed at the foot of the receipt—(looking at the book called the minute-book)—there is no special minute entered in this book—here is a minute upon which a sum of 6l. was paid in 1840—I have our book of 1840 here, and
here is an entry, "Ordered the sum of 6l., by Messrs. J. Balls and J. Coles trustees for the time being. Witnessed, W. C. Balls, secretary"—now J. Balls and Coles never signed our book before, till the secretary produced them, and signed in our book—that was on the 21st of Oct., 1840—he signed as the secretary there—that is a more correct minute—when the secretary attends he would sign either beneath or beside the others.
MR. O'BRIEN. Q. Separate altogether from those who receive the money? A. Yes—there is no entry as secretary in 1844—that was an accidental omission—our managers attend so seldom that they are not acquainted with the full necessities of the business.
MR. BALLANTINE. Q. From what appears in that entry you cannot tell whether a secretary was present or not? A. Not merely by looking at that entry—there might be circumstances on very rare occasions, when the money would be paid although no secretary was present—we have no previous entry relating to this society.
JAMES ANDREWS . I am a member of the United Brothers' Society. In Jan. 1844, I was steward to the society—I held a key of the chest—I saw the bank, or depositor's book on the club evening, Jan. 1,1844—I have never seen it since—it used to be kept in the box before that time—I saw it that evening, and examined it—it was out on the table—it wai not replaced in the box that evenig—it was left out to go to the bank next day—it was neglected or forgotten afterwards—it is only required once a year—the prisoner was our secretary—I know his handwriting—I believe the name of Willan Jones to this receipt to be the prisoner's handwriting—I have been in the habit of seeing him write very frequently for nearly six years.
Cross-examined. Q. I suppose he used to send out a number of circu-lars to the members? A. Yes—the depositor's book was in the box on the 1st of Jan. before it was called for—one of the stewards brought it out—I was steward from Jan. to March with Randall—we each had a key of the box, and the landlord also—I did not examine the box from the 1st of Jan. up to the time my stewardship ceased—I believe there were about three books in the box, a long book and two others—neither of the minute-books were there—I had not occasion to go to the bank during my stewardship—the secretary always took the bank book from the steward at the time it was required, and ought to return it to him on the following Friday night—it is taken from the box by the stewards and the landlord—the steward ought to have it returned to him and to lock it up.
COURT. Q. Have you any recollection who had possession of it on the night of the 1st of Jan. 1844? A. The prisoner—I recollect that—it was his duty to have it then to take to the bank—it was the steward's duty to go with him—they were authorized to go together—Randall did go with him.
HUME GRADDON . I have been a member of the United Brothers five years—I have seen the prisoner write—I believe the signature of Willan Jones to this receipt to be his handwriting—I know the character of hw writing—he did not usually write so badly as that, but I believe it to be his handwriting, from the character of the W., and the J. in Jones.
Cross-examined. Q. When did you see that book? A. I cannot tell the date—it was one day at Clerkenwell police-court—Mr. Duncombe, the solicitor, took me to see it—my attention was not directed to that name immediately—I am not a particularly good judge of handwriting—that is the general character of the prisoner's handwriting—I never saw him make
a W. otherwise—(looking at the minute-book,) I see the "W. Jones" in this hook—I should consider that in the prisoner's usual writing—this "William Figgins" I believe to be his—it is very seldom he wrote in that way—here is "William Hall" and "William Figgins"—the W.'s there are not written in the same way—the W. in this book is his general way of writing—the W.'s in these two names was an occasional mode of writing—he might have written so for a particular purpose.
MR. BALLANTINE. Q. Were you present at a general meeting of the society on the 9th of Jan.? A. Yes, I saw the prisoner write down the names of the persons who were present—I saw him write this page.
SAMUEL PEELING . I am landlord of the City of London public-house, and was so in Jan., 1844—I know the prisoner, and know his handwriting—I believe the "Willan Jones" to this receipt to be his handwriting, but I speak more particularly to the Wi—that is remarkable—from what I have seen him write I consider that to be his style of writing—he was in the habit of writing such a W.
J. RANDALL re-examined. (Looking at the committee-book,) This entry of the 5th of Feb. 1844, "J. Randall deposited the bank-book in chest," is not true—I read the same in another book—I cannot say when I last saw this book—it has been in the hands of our solicitor—I have no doubt I saw it previous to Jan., 1844, but I did not know what it was—we were not aware of its being the minute-book—it is not the book that went to the bank when I went—the entries are in the prisoner's handwriting—it is not true that the bank-book was ever restored to me, nor was I aware of any such entry till the 2nd of June, after the book was lost.
JOHN MATTHEWS . I am a member of the United Brothers—I was present at a meeting on the 2nd of June last—the prisoner was also present—our club closes at ten o'clock—he went away about ten o'clock—after he was gone the box was opened and a search made for the bank-book—it was not found—I went after the prisoner and found him at the Three Kings, about half-past ten o'clock—I said, "Mr. Balls, have you got the bank-book?"—he said, "I do not know that I have, I will look and see when I get home, and if I have I will meet you next day at one o'clock at the club-house"—I met him next day and he said he had looked among his papers and could not find it—the same day I and some other members went to the savings-bank, and then ascer-tained that the money bad been taken out—I did not see the prisoner after that—when I saw him on the 3rd of June he said he had left his books at the Three Kings that he bad bad on the previous night, and he would go there and look—I went with him—he looked over his books and said it was not there, and I then left him—he did look over some books and papers—the landlord brought them into the parlour to him.
Cross-examined. Q. Who was present when the box was examined on the 2nd of June? A. I cannot say how many members there were—we found two or three books—I cannot say whether we found this committee-book—I do not know the books much—I believe it was there—the stewards opened the chest—I cannot exactly say who the stewards were at that time—the landlord was there—I never heard the prisoner say, "I know nothing of the bank-book since I gave it to Randall in 1844"—I did not have a long conversation with him at the Three Kings, nor next day—I saw him at our next meeting on the 9th, and saw him take down the proceedings.
MR. BALLANTINE. Q. Did you look over the minute when he had
made it? A. No—I cannot tell whether he wrote in the minute-book or not—I believe it was in that book he wrote (the commitlee-book.)
THOMAS SILVESTER . I was a member of the United Brothers—I believe this signature of Willan Jones to be the prisoner's handwriting—I have often seen him write, and have become acquainted with his style—I have seen his writing in our books—that is the reason why I judge of this, and seeing him write likewise—I believe it to be his writing—at a meeting on the 6th of Jan., 1845, I suggested that our bank-book should be taken to the bank to have our last year's interest added to the stock—the moment this suggestion was made the prisoner raised an objection, he said he thought he could not keep the books open, for it was past club hours—it was just upon ten o'clock—I made the same suggestion on the 3rd of Feb., the next club night—he then said we had better postpone it for another night, for he wanted to go and meet a party of about forty gentlemen at a raffle—that was between nine and ten o'clock, during club hours—there was time for the resolution to be passed at that time, but it was put off at his instance—I had not seen the depositor's book since the 1st of Jan., 1844.
Cross-examined. Q. Were you ever a steward of the Society? A. Yes, prior to 1841, and in Nov. and Dec. last year—the prisoner was paid by the quarter, 4d. from each member—there are about twenty members—I do not know where the raffle was to be held—I did not go with him—I saw him the next night of meeting, the 30th of March—he remained. from eight till ten o'clock as usual.
MR. BALLANTINE. Q. Were your books exhibited that night? A. No—I asked the question that night when we were to have our bank interest added to the stock, and he said we had better put it off till the quarterly night, which was the next club night.
COURT. Q. Did you meet him the next quarterly night? A. Yes, on the 5th of April—I went into the room a few minutes before ten o'clock, as they were calling over the roll for stewards, which is generally the last thing done—as soon as it was called over I asked the prisoner whether there was anything going to be done abont the society's fund—he said it was getting past the time, and it was too late to go into any other business that evening—he closed the books directly, and went away—the next meeting was on the 5th of May—I was there, and the prisoner also—I said nothing to him about the interest that evening—there was nothing done while I was present—I attended on the 2nd of June—I did not go into the room till five minutes before ten o'clock, and said nothing then—they were making up the books prior to closing—I heard him say he was going to a supper at the Three Kings, in Clerkenwell-close, and he begged we would excuse him for the rest of the evening, which we did, and he got up and went away in his usual hurried manner—I paid my contribution that evening—he saw me before he talked about going to the supper at the Three Kings—I was present when the box was searched, and found the bank-book was not there—I was there on the 9th—nothing passed about the interest then—that meeting was in consequence of a general summons issued to get the prisoner to bring the bank-book and other books, as he had got the books, and we could not get at them—he appeared with these books, and that is how we got them, the bank minute-book, the monthly meeting-book, and several others—I call this the minute-book (the commitlee-book)—these are sick-books—he produced several of these books—I examined the bank minute-book that evening—this is the book that used to be sent
to the bank—this is what we considered the bank minute-book—this other is a minute-book of our general meetings when we have anything particular—I am not aware that there was a sort of pass-book, in which the monies received by the bank on our account were entered.
WILLIAM JONES . I am a member of the United Brothers, and have been sc thirteen or fourteen years—during that time there has been no other William Jones—the signature, "Willan Jones," to this receipt is not my handwriting—I have not been to any meeting these four years.
Cross-examined. Q. Have you not ceased to be a member? A. No—I left the society about twelve months ago for a time, and joined it again.
STEPHEN THORNTON (police-constable A 26.) I took the prisoner into custody on the 26th of June—a brother officer with me told him he was charged with obtaining 52l. odd from the bank—he said be knew nothing about it, be thought there was some underhand work the last meeting night, and he had been very uncomfortable ever since—he said he should have been as anxious, if they had spoken to him about the book, to have found it as they were.
Cross-examined. Q. Where did you find him? A. At his lodgings, on Thursday night, the 26th of June.
MR. O'BRIEN called
Alfred Punchard, tailor, No. 11, Short's-buildings, Clerkenwell-close; Thomas Betts, ivory-turner, No. 18, Ironmonger-row, St. Luke's; John Hawkins, ivory-turner, No. 12, Wenlock-terrace, City-road; and Benjamin Shillingford, greengrocer, No. 1, Lower Smith-street, Northampton-square, deposed to the prisoner's good character; but being examined by the Court, stated they were not acquainted with his handwriting.
GEORGE SPEAR . I am a tooth-brush maker, and live at No. 3, White-street, Waterloo-town, Bethnal-green. I have known the prisoner eight or ten years—he has borne the character of an honest respectable man.
COURT. Q. Do you know anything of his handwriting? A. I have seen his handwriting several times—he has written to me—(looking at the signature, "William Jones" to the receipt)—I do not know any character in this representing his handwriting—I do not believe it to be his handwriting—(looking at the committee-book)—this looks more like his than the other—it differs from what I have seen in his handwriting—I would rather say it was not his than that it was—(looking at the bank minute-book)—this looks a similar hand—I cannot say that either of them are his hand—writing—I have not noticed his handwriting sufficient to say that they are—I cannot say they are not, but I do not think they are—(again looking at the receipt)—I do not see anything in this—I should say the others are more like his handwriting than this—I do not see anything to represent his handwriting here—his handwriting appeared more clear and smaller—I never noticed his W.'s or J.'s—I cannot recollect his handwriting being like this—this (the committee-book) appears more like it—I cannot say whether I believe it is his—this (the minute-book) appears to be the same hand—they seem to represent his hand more than the others—I cannot say that they are his handwriting.
GUILTY—Strongly recommended to mercy by the Jury.
Transported for Ten Years.
(There was another indictment against the prisoner, and MR. BALLANTINE stared that he had obtained the whole fund belonging to the society.)
GUILTY . Aged 23.— Transported for Life.
NEW COURT.—Monday, August 18th, 1845.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 22.— Confined Six Months.
GUILTY Aged 15.— Confined Six Months.
GUILTY . Aged 14.— Confined Six Months.
BENJAMIN VALENTINE . I am master of a brig which was lying in the Thames. On the 15th of August I had been to the Tiger public-house, Lower Thames-street, and had some grog—I came away about eleven o'clock at night, and was going round the Tower to my ship in St. Kathe-rine's Dock—the prisoner came up to me as I was rounding the rails near the lower part of the Minories—she wished to have hold of me—I said I was a married man, and was going to my wife on board: I wished to have nothing to do with her—I then missed my purse, which had been in my right hand breeches pocket—she was at that time between me and the rails—I laid hold of her, and called for assistance—the policeman came up and secured her, and I heard something jink in his hand when he took it from her—I saw the purse the next day—I had had seven sovereigns and a half in it—it was a leather purse—I had not been out of the public-house above seven or eight minutes before the prisoner came up—I had paid a bill just before I left, and I am quite sure I had my purse safe in my pocket after I left there, and I had met no one else.
Prisoner. You were very tipsy; you sat down and dropped the purse; I took it up; you called, "Police!" and I dropped it at the moment the policeman took me. Witness. I had had a glass, but I knew what I was doing—I shouted to the policeman, "This woman has robbed me"—I can swear to this purse—here are two different rings on it—I put one of them on it that day, from another purse which I have here.
JOHN PECK (police-constable H 87.) About a quarter past eleven o'clock that night I saw the prisoner and prosecutor struggling together at the rails round the Tower—he said, "You shan't go," and she said, "Let me go"—I went up, and she tried to run away—I brought her back, and took from her right hand six sovereigns and three half-sovereigns—I had before asked her to let me look into her hand—she refused, and said
she had nothing—I had seen her and the prosecutor together for about two or three minutes before I went up—on the way to the station, the prisoner said the money was given to her to get a bed, that they might sleep together—I found this purse on returning to my beat, about three yards from the same place, near the rails.
Prisoner. I said, "Here is the money;" I opened my hand; the prosecutor was so tipsy you were obliged to lock him up. Witness. He was tipsy, and I locked him up—the prisoner was not tipsy.
Prisoner's Defence. I was very tipsy; I am very sorry, but I war In great distress; I took the money out of the purse, and threw the purse down; the policeman came up, and the money was returned; I really did not know what I was doing, and what I said at the station-house I hardly know.
GUILTY . Aged 46.— Confined Six Months.
THOMAS BONSOR , Jun. I am in the employ of Thomas Bonior, of Rose-street, Newgate-market. About nine o'clock in the morning, on the 6th of Aug., 1 was going through the shop, and saw the prisoner in the back part of the shop—I went into the counting-house, watched, and saw him cut a piece off some pork on the block, and put it into his trowsers pocket—he was then called by one oi the clerks—he went out, and I gave information—he had no business at the block at all.
Cross-examined by MR. PAYNE. Q. How far is the counting-house from the block? A. About a dozdh yards—it is at the back of the place—there was a gas-burner in the shop—I could see very well—there is a window between the block and the counting-house—there were three clerks in the other counting-house in the shop, which is about twenty yards from where the prisoner was called.
THOMAS BONSOR . I live in Rose-street, and am a salesman. In consequence of information, I went to the Cat tap, and found some pork roasting—the prisoner was not present—I fetched him, showed it him, and asked if he knew anything about it—his reply was "No"—I took the pork home, and compared it with the piece it had been cut from—it matched it exactly.
Cross-examined. Q. Did you compare it yourself? A. Yes—it corresponded where the bones were separated—it had only just been put before the fire, which had not altered the state of it.
Cross-examined. Q. What time was it? A. Between nine and ten o'clock in the morning—the cook is not here—I do not know who put it to the fire.
Cross-examined. Q. What did you say to him? A. I told him, in going to Guildhall, that whatever he said I might have occasion to use against him elsewhere—after his committal he was going from Guilball with me, and he began the conversation—he spoke to me in a confidential
tone of voice, and said, "I admit that I took this pork, but I do not see that Mr. Bonsor can do anything with me for it, because the meat was not ill's; it was sent to him to sell, and was weighed; it was not his property;" and he made the same declaration before Mr. Alderman Johnson—I swear that.
JOHN BENJAMIN KENTISH . I am an officer. I produce the certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(Read—Convicted on the 27th of Feb., 1844, of stealing 100lbs. of beef, from the same prosecutor, and confined one month)—I was at the trial—the prisoner is the person.
Cross-examined. Q. Has he a wife and five children? A. I hare seen a woman who I believe is his wife, and I understand he has a family.
MR. BONSOR. I then believed him to be the dupe of another man, on the last occasion—I pleaded with the Court in his favour—I offered to take him again, and he has been with me ever since.
GUILTY . Aged 28.— Confined Six Months.
YATES* pleaded GUILTY . Aged 17.—Received a good character; and Confined Six Months.
CHARLES FANE EDGE . I live in Lamb's Conduit-street. On the afternoon of the 1st of Aug. I was in Duke-street, Smithfield—I felt a snatch at my pocket, and something go out of it—I had this handkerchief in my right-hand pocket—I put my hand in and missed it—I turned, and saw King and another boy behind me—I stopped them, and spoke to them about the handkerchief—I let one go, but laid hold of King—an officer came up and took him—this is the handkerchief.
GEORGE RUSSELL (City police-constable, No. 34.) I was on duty in Smithfield—I saw the prisoners and another boy follow the prosecutor to Duke-street—Yates was in front of the other two, and they were covering him—I saw Yates draw this handkerchief from the prosecutor's pocket—he held it up to the other two—he then opened his coat, and put it in—he came towards me—I caught him, and said, "You have got that gentle-man's handkerchief"—he said, "No"—I took it from him—the prosecutor then missed his handkerchief, and took the other two boys—I called to him to keep them, but he let the other got and kept King—I had seen the prisoners together in the morning—I knew them well.
King. I did not have the handkerchief, and did not see Yates take it.
KING— NOT GUILTY .
HANNAH TAYLOR . I am in the service of Mrs. Coombs, who lives in Spencer-terrace, Islington. On the 28th of June the prisoner brought a knuckle of veal, and I paid him 1l. 3s. 9d., for Mr. Sawtell—the veal came to 2s. 4d., and he brought me 17s. 8d.—I gave him a sovereign, and I paid him 3s. 9 1/2d. for a joint of meat which had been had the day before.
Q. Had there not been an old bill of 3s. 9 1/2d.? A. No, that was fora joint the day before, and I gave him a sovereign as well.
RICHARD SAWTELL . I am a butcher—the prisoner was in my service—it was part of his business to receive money—Mrs. Coombs ordered the veal and change for a sovereign; and the prisoner took the veal, which came to 2s. 4d., and 17s. 8d., and he was to bring me back a sovereign and 3s. 9 1/2d.—he never returned—he put the tray down in the street—a butcher found it, and brought it home—I never saw the prisoner again till he was at the station—I had only hired him for that day.
THOMAS GUNDRY (police-constable G 178.) I took the prisoner, and asked if he was the person who lived with Mr. Sawtell—he said, "No"—then he said he was, and that he had received the 1l., 3s. 9 1/2d. from Taylor, that he threw the tray down by a barn, and he had spent the money with other parties.
Prisoner. I did not say a word till he asked me the question? Witness. I did not ask him anything but whether he was the person who lived with Mr. Sawtell.
GUILTY . Aged 17.— Confined Six Months.
CHARLES EDWARD WILLIAMS . I am in the service of Mr. Gsrratt, of Cornhill. I was in Leadenhall-street, on the 27th of July, about ten minutes after twelve o'clock in the day, and lost a handkerchief from my left-hand coat pocket—I did not feel anything at the time—this is my handkerchief.
GEORGE WARDLE (City police-constable, No. 325.) About ten minutes past twelve o'clock that day, I was in Leadenhall-street—I saw the prisoners in company together—I saw Kirby take this handkerchief from the prosecutor's pocket, and pass it to Andrews—I seized Andrews by the collar, and he dropped it out of his hand.
Kirby. I was out of work; there was a fire, and several engines there; I thought I might get a job; the policeman tapped me on the shoulder and took me; I never saw the handkerchief.
Andrews. I was going up the street, the officer took hold of me.
KIRBY†— GUILTY . Age 18.
ANDREWS†— GUILTY . Aged 17.
Confined Six Months.
1635. BENJAMIN PERRY alias JOHN DAVIES was indicted for stealing 2 shillings, 18 pence, 15 halfpence, and 1 farthing, the monies of Charles William Rawlings; and that he had been before convicted of felony.
CATHERINE RAWLINGS . I am a widow. I was staying with my son, named Charles William Rawlings, at Enfield—on the morning of the 6th of Aug., between five and six o'clock, I saw the prisoner and Matthew Halesman in the room at my son's—they came to sweep the chimney—Halesman left the prisoner in the room while he went for the machine—I did not wait in the room—I was taking the things out—I had put some money in the cupboard in the room, and the prisoner and Hales-man both saw me do it—I am sure they both stood by and saw it—there was 2s. in silver, and 3s. worth of coppers and two farthings were amongst it—I took it off the chimney-piece and put it all in the cupboard—there was not it that I knew—I buttoned the cupboard door—I then left
the room to take some things out—I might be gone about five minutes, or rather more—when I went back to the room the prisoner was just gone, and the door shut to after him—I thought he was gone after Halesman, but he did not come back—Halesman came and did the chimney—after the prisoner was gone I saw the marks of sooty fingers on the cupboard door and the money was all gone but 6 1/2d. in copper—it was my son's money.
MATTHEW HALESMAN . I am a chimney-sweeper. The prisoner is the same—on the 6th of Aug. I left him at the prosecutor's while I went for the machine—I was gone about a quarter of an hour—when I got hack he was gone—when I first went to the house I saw Mrs. Rawlings move the money off the shelf to the cupboard—the prisoner was then close to my side—I afterwards saw marks on the cupboard door, and the money was gone.
Prisoner. I never saw Mrs. Rawlings put any money in the cupboard.
JOHN DENNIS (police-constable N 281.) I produce a certificate of the prisoner's conviction, which I got at Mr. Clark's office—read—(Convicted on 18th of Sept. 1843, having been before convicted—Confined one year)—I was present—the prisoner is the same person.
GUILTY . Aged 20.— Transported for Seven Years.
NOT GUILTY .
NEW COURT.—Tuesday, August 19th, 1845.
Sixth Jury, before Edward Bullock, Esq.
1637. JOHN TIMMINGS WRIGHT was indicted for embezzling and stealing 1l., the monies of William Harris Sadgrove, his master; also for stealing 5 sovereigns and 1 sixpence of William Harris Sadgrove, his master; to both which he pleaded
GUILTY . Aged 17.— Confined Six Months.
THOMAS BRADLEY (City police-constable, No. 269.) On the night of the 27th of July, at a quarter before twelve o'clock, I was on Holborn-hill—I saw the prisoner, and four or five others with him, following a gentleman—I saw the prisoner lift the tail of the gentleman's coat with his left hand, put his right hand into his pocket, and take a handkerchief out—I took him, and he threw the handkerchief away—I do not know who the gentleman was.
Prisoner. Q. How far was you away from me? A. Eleven or twelve yards—I took you directly—the other officer, who was with me, scrambled after the handkerchief amongst the others, and whilst he did that the gentleman was gone.
threw it on the ground amongst several more persons, and I picked it up.
Prisoner. I know nothing at all about it.
GUILTY .* Aged 17.— Confined Six Months.
WILLIAM SUTTON . I am waiter at Garraway's Coffee-houte, in the service of Mr. John Funge and another. These spoons are their property—they were kept in the coffee-room—I have known the prisoner twenty years to be a respectable woman—she was in the habit of coming back-wards and forwards to our coffee-house—these spoons were missed, and I went to her—she said she found them in the cellar at Mr. Warner's, very dirty, and took them away to clean them, and that Richardson took them to pawn.
Prisoner's Defence. I was working at Mr. Warner's, and picked up these spoons in the cellar; they must have been there a long while as they were quite black; I put them into my pocket to clean them; I certainly was wrong not to take them back as soon as I found whose they were, but forgot; Richardson worked with my husband, and on the 9th of July, she took the spoons unknown to me or my husband when I was gone to work; I did not know that they were silver, but she said they were; she told the policeman that I met her in the street, and gave them to her, which was not true.
JURY to WILLIAM SUTTON Q. Could the spoons have been lost long enough to have been in that dirty state? A. Yes—I should think these have been lost twelve or fifteen years—they were picked up in her master's cellar where the seedsmen are in the habit of going—persons have brandy and water, and spoons with them, and they are sometimes lost—these spoons have the name Garraway's on them—I believe the prisoner is innocent.
NOT GUILTY .
CHRISTIAN SWIFT . I am under foreman to William Henry Swift, a tailor, who lives at No. 29, High-street, Aldgate. On the 29th of July, I missed a piece of cloth from the shop, about a quarter before ten o'clock in the evening—I had seen it safe in the middle of the day—it was a piece of Angola mixed doe skin, and was the property of William Henry Swift.
JAMES HANLEY . I am a porter. On the 29th of July, at half-past nine o'clock in the evening, I was walking along Aldgate, I saw both the prisoners—Fitzharris was outside Mr. Smith's shop, walking up and down—I saw Sullivan inside the shop—he came from the shop with a roll of cloth—he turned up Aldgate, towards Black Horse-yard, and Fitzharris
followed him—I went after a policeman, but could not find one—I went down Petticoat-lane a little way, but I did not call out—in about three or four minutes I saw Fitzharris come out of Black Horse-yard with the cloth, nnd Sullivan came out without his coat—they went down Petticoat-lane—I afterwards saw a policeman and gave information.
CORNELIUS FOAY (police-constable H 98.) About three o'clock in the morning of the 30th of July, I saw Fitzharris and took him—I had seen him and Sullivan together about twelve o'clock at night on the 29th—they ran up Angel-alley, and I could not catch them—the cloth has not been found.
Sullivan. Fitzharris was not with me till half-past eleven o'clock at night on the 29th of July.
FITZHARRIS.* GUILTY . Aged 20.— Confined Twelve Months.
SULLIVAN.† GUILTY . Aged 18.— Confined Six Months.
MR. DOANE conducted the Prosecution.
WILLIAM FULLER (police-constable P 190.) On the 4th of Aug. I took the prisoner into custody by direction of Mr. Mann, at Peckham—I searched him, and found on him this duplicate for a set of castors—I heard him say that the castors were his own.
Cross-examined by MR. HUDDLESTON. Q. Was there a duplicate for a pair of boots found? A. Yes—he said the boots were his own, and the castors as well, to the best of my belief—I recollected before the Magistrate that the prisoner said the castors were his own.
GEORGE LAWS . I am in the service of Mr. Attenborough, a pawn-broker, in Crown-street. These four castors were pawned on the 29th of May—this duplicate produced by the officer is the one I gave to the party who pawned them—I have no recollection who it was.
WILLIAM BELL . I am a cabinet-maker, and live in Great Winchester-street, Old Broad-street. The prisoner came into my service in the early part of April—I sent him to work at Mr. Mann's, at Peckham—he wai there several days—I was present when he was taken into custody at Peckham, by Mr. Mann's direction—I saw this duplicate found on hia being searched at the station—I know these castors—I cannot say when I had them, but after this discovery I missed them—I am certain they are mine—the prisoner had an opportunity of taking them.
Cross-examined. Q. I suppose you have many castors? A. Yes—I do not put a mark on them—I got this set from the patentee—I have sometimes twenty sets in a year, but this is unusually large and heavy.
THOMAS BURGIN . I am in the prosecutor's service. These are such castors as he had in his stock, and this paper in which they were found at the pawnbroker's is marked by the prisoner—here is his handwriting on it—I remember these castors—they are one inch and three-quarter sockets—the prisoner marked this paper in my presence, and I marked it afterwards, because it was not done plain.
Cross-examined. Q. Is your mark on it? A. No—I put a mark on a bit of card—this is the prisoner's writing—I saw him mark it about April—these castors have been put on a table, and taken off again.
HENRY TURPIN (police-constable G 119.) I produce a certificate of the prisoner's former conviction, which I got from Mr. Clark's office—I was present at the trial—he is the person spoken of in this certificate—(read—Convicted 5th of Feb., 1844, and confined nine months.)
GUILTY . Aged 25.— Transported for Seven Years.
HENRY WHITE . I am shopman to Mr. William Stephen Dew, and another, of Cheapside. A little after ten o'clock on the night of the 7th of Aug., the prisoner came into the shop, and took a dozen pairs of pan-taloon-drawers, which were above a yard inside the shop-door—he ran out—I ran after him, and caught him by the curb, with the parcel of goods which I saw him take—this is it.
Prisoner. Q. Were they with me or on the ground? A. I canght you, and you immediately dropped them.
Prisoner. Q. Had I them when you came up? A. No, they were put just inside the shop—White had you by the collar.
Prisoner's Defence. A man ran out of the shop, and dropped the bundle; the shopman seized me before I could recover myself; the jnan that ran out nearly knocked me down; I never was in the shop.
GUILTY . Aged 44.— Confined Four Months.
1643. JAMES CORRACK was indicted for burglariously breaking and entering the dwelling-house of Charles Turner Beck, about the hour of eleven at night, on the 2nd of Aug., at St. Andrew, Holborn, with intent to steal.
CHARLES TURNER BECK . I am a stationer, and live in Castle-street, Holborn. On Saturday night, the 2nd of Aug., I was going to bed about twenty minutes past eleven o'clock—I heard some glass falling, which sounded in the lower part of the house—I was in the first floor—I went down and searched the lower part of the house, and the kitchen—as I waa coming up again, I saw through the glass door that the back office was open, which is under cover, and communicates with the house by a glaat door—I went in and found the window of the office wide open, and one pane of glass broken—the prisoner was inside the office, sitting on a stool—I asked what he did there—he said be came there to sleep—I told him that was not a place for him to sleep, and he should not stay there—I fetched the policeman, and gave him in charge—the house is my dwelling-house, and I sleep in it—it is in the parish of St. Andrew, Holborn—I know the prisoner by sight, from his having been employed by Mr. Bald-win, to whom that back office is under let—the prisoner used to write there for Mr. Baldwin.
Cross-examined by MR. PARRY. Q. Do you rent this dwelling-hoose, and this part that you let to Mr. Baldwin, from the same person? A. Yes, there is merely a half glass door between the two premises—there is no key to that door—it fastens with a bolt on the side belonging to me—there is an entrance to that office from Took's-court—it was originally a part of my house, and was built at the same time—it is underlet to Mr. Baldwin, reserving a right to me to go through it—Mr. Baldwin's direction
is No. 6, Took's-court—the prisoner has been lately a writer there, but I believe he is a tailor by trade—Mr. Baldwin is a law-stationer—I never knew the prisoner to sleep there—I told him to go away—he said he would not, he would sleep there—I said he had no right to sleep there, and if he had, he had no right to get in at the window—I did not see him get in, but the door was fastened, and the window was open—he was drunk—it was five or six minutes after I heard the noise that I went into the office.
SAMUEL HENRY BALDWIN . I am a law-stationer. I rent this back office of Mr. Beck, for business—I left it on that Saturday night about nine o'clock—I had fastened both the door and window myself—when I came on the Monday morning I found the lock of my desk had been broken, and the desk forced open—it was full of papers, and a cash-box with money in it, but nothing was gone—the cash-box was locked, but the key was in it—I had been in the habit of employing the prisoner.
Cross-examined. Q. Has not the prisoner been writing for you in that place as late as twelve or one o'clock? A. Yes, generally in the night—I am not aware that he has slept there—it might be that he had slept on that stool while sitting at work—he could not have come for work that night—we never have any work on Saturday night—I never recollect his getting in at the window—I never allowed him to be there without somebody with him, because I knew nothing of him—I have always kept the cash-box in the desk—I never trusted him with money, nor to receive money—I had seen him in the middle of that Saturday.
Cross-examined. Q. Was not the prisoner drunk? A. Partly so—he was not very drunk—he knew what he was doing—one of these keys is a latch-key, and the other a common lock-key—this iron 13 a sort of screw-driver—I put it to the marks in the desk, and it fitted them exactly—I found 1 1/2d. on him
NOT GUILTY .
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 24.— Confined Twelve Months.
1646. CHARLES ROBINS was indicted for stealing 1 pair of breeches, value 1l.; 27 yards of silk, 1l. 10s.; 1 pair of trowsers, 25s.; 1 pair of boots, 30s.; 1 coat, 3l.; 2 shawls, 2l.; and two waistcoats, 18s.; the goods of Charles Lord, in the dwelling-house of Charles Carlton:—also, 1 sword, value 20l.; 1 coat, 1l.; 1 cape, 1l.; and 1 razor-strop, 2s. the goods of Patrick James Hubert Crichton Stuart, commonly called Lord James Stuart, his master; to both which he pleaded
GUILTY. Aged 25.— Judgment Respited.
CHRISTOPHER JOHN PIKE . I live in Theobald's-park, Enfield—the prisoner was in ray service as a wheelwright—on Saturday, the 12th of July, he was there, and said he wanted to go away early—I paid him one day's wages on that day, 3s. 6d.—I did not pay him for the half day on which he went—he had been paid in the course of that week, saying he was short of money—he went away about twelve o'clock that day—I told him I would get him to leave a note at Messrs. Reynolds and Smith's, corn dealers, Enfield, as he went home, and he said he would—I gave him a note with a 5l. Bank of England note in it, of which I kept the number—it was 93,631—I directed the note to Messrs. Reynolds and Smith, and sealed or wafered it up—he took it and went away—on Monday I came to Lon-don and called on Messrs. Reynolds and Smith, and in consequence of what they said to me I afterwards spoke to the prisoner and asked him why he had not delivered the note I gave him—he laid he supposed he had lost it—the police are in the habit of coming to my yard every now and then, and one of them named Hoppy came at that time into my room where the prisoner was—I told him the circumstance, and wrote to the Bank of Eng-land to stop the payment of the 5l., note—the prisoner came afterwards to my house—he said it was a bad job, he had lost the note, and asked me to let him work it out—this is the note which I gave the prisoner (looking at it)—it has my writing on it—it is No. 93,681.
Cross-examined by MR. O'BRIEN. Q. How long had the prisoner worked for you? A. Not a great while—Messrs. Reynolds live nearly three miles from me—it was on the Tuesday that the prisoner came to my place—I then thought he had lost it, and I would very willingly have let him work it out—I very reluctantly appeared against him—I am afraid he has done it from being given to drink.
WILLIAM NORRIS . I keep the Rose and Crown at Enfield-highway—on a Saturday, about a month ago I saw the prisoner in my house, between three and four o'clock in the afternoon—he had some refreshment, for which he paid me—he pulled out a 5l. Bank of England note from his pocket—it was in a piece of paper—he said, "A man with a ragged coat can carry a 5l. note, as well as a man with a good coat"—I had the note in my hand and looked at it—he then took it, nipped it up in the paper, and put it into his pocket—the omnibus came up, and he got into it to go towards London.
Cross-examined. Q. How far do you live from the prosecutor's? A. About two miles—it was at the bar door the prisoner was showing that he had a note—he had a pint of half-and-half—there was a gentleman there at the time.
JOHN GUIVER . I live at Enfield-highwey—I conduct an omnibus. On Saturday, the 12th of July, about half-past four o'clock, I took the prisoner up at Enfield-highway—I stopped to change horses at the Ship, at Tottenham—he said he was going to his ironmonger's, and he had got a 5l. note, which he pulled out—he did not ask me anything about changing it—we had a quartern of gin together.
Cross-examined. Q. Were there other persons about? A. Yes—I saw the note—he merely showed it.
BENJAMIN VICKERS . I am in the employ of Mr. Chambers, an iron-monger, in Bishopsgate. On the 12th of July the prisoner came and bought a plane and various other goods, which came to 12s.—he offered me a 5l. note, which I sent to Mr. Geddes, at the next door, to get changed—when it came I gave the prisoner his change, and he went away—he was waiting for an omnibus—it was a Bank of England note—I did not notice the number.
JOHN GEDDES . I keep the Catherine Wheel, in Bishopsgate-street. I do not recollect changing this note, but we did take it, for on the 23rd of July I paid my distiller 53l. in notes—I paid him the notes which we had collected—I eaw him mark the outside note which I gave him—I do not know what amount it was, but I see my name on this note, which wai written on the packet of notes by the person I paid them to, in my presence.
Prisoner. The note I passed was not my master's; I did not know there was a note in his letter; I never saw it after I put it into my pocket.
(The prisoner received a good character.)
GUILTY . Aged 31.—Recommended to mercy by the Prosecutor and Jury,— Confined Twelve Months.
ENOCH TAYLOR . I am in the employ of Samuel Botson Aldred and another, woollendrapery Aldgate High-street. On the morning of the 14th of July, in consequence of information, I ran out of our shop to Houndsditch—I saw the prisoner carrying this piece of fancy tweed, containing twenty-one yards and a quarter—I called "Stop thief," and saw him stopped by the policeman—this cloth is my master's—it was in the middle of the shop opposite the door.
Prisoner. Q. How far was I from you when you saw me with this? A. About thirty yards from me.
COURT. Q. Are you sure he was the person carrying it? A. Yes—I recognised it under his arm—he was running.
ISAAC FLORY (City police-constable, No. 509.) At half-past eight o'clock that morning I saw the prisoner running down Gravel-lane, Hounds-ditch, towards me—I took him—he said, "Why do you stop me? I haw done nothing"—I took him back to the corner of Gravel-lane, and found this cloth in the direction which he had come.
Prisoner's Defence. I went to the London Docks to try to get work; I did not succeed; in coming down the Minories a boy broke a milk jug; I ran off, and was taken; if the man were here who gave him information that the shop had been robbed, it would not he said to be me; he roust have lost sight of me, and anybody else might have put the cloth down.
MICHAEL CONWAY (police-constable H 138.) I produce a certificate of the prisoner's former conviction, by the name of James Spencer, which I got at Mr. Clark's office—(read—Convicted 6th Mayt 1844, and confined six months)—he is the person, and he has been twice summarily convicted since.
GUILTY . Aged 19.— Transported for Seven Years.
WILLIAM SUNFORD . I am foreman to Thomas Ballance and Son, silk-manufacturers, Gutter-lane, Cheapsrde. On the 4th of June I delivered to the prisoner's daughter, Elizabeth Rayment, a cane, containing 110 yards of silk, to be manufactured—it would make about 100 yards of work—on the 18th of July she came for a little shoot, and I gave her nine bobbins, with about eight ounces of silk on them—shortly after she came back, and in consequence of what she stated to me, Mr. Hughes was sent to the prisoner's house—we have never got back the silk.
JOHN HUGHES . I am inspector of work to the prosecutors. On the morning of the 18th of July I was sent to the prisoner's house—I know it was his house, as I had been there two or three times before to see that the work was going on in a proper state—I found the manufactured silk had been cut off, and taken away, leaving about twenty-two yards unmanufactured on the cane roll—the prisoner was not there—the next day I took away what was unmanufactured, and gave information.
JOHN LEWIS . I live in Lower Whitecross-street, and am a stay-maker. The prisoner was in my employ for three days—she went away on the 24th of July—I was out at the time—I came home soon after seven o'clock in the evening—I found my box had been broken open, and a pair of trowsers and a waistcoat taken from it—the box had been fast when I went away, about a quarter before seven in the morning—the prisoner worked in the room where my box was—I also lost a small plane—this is the plane, and these are the waistcoat and trowsers—I did not see the prisoner again till last Thursday night.
EDWARD SALTER (City police-constable, No. 603.) In consequence of information, on the 24th of July, I searched the prisoner's lodgings, in Type-court, Milton-street—I heard from a fellow-lodger that she lodged there—I found in the room this plane in this basket—I know the basket belonged to the prisoner, as I had her in custody once before, and returned this asket to her.
JOHN PITMAN (police-constable K 132.) I apprehended the prisoner in Cambridge-road, Bcthnal-green—I asked if she recollected living in White-cross-street—she said, "Yes"—I asked if she recollected her mistress and master losing anything—she said, yes, she did, perfectly well, but she knew nothing of it herself.
GUILTY . Aged 18.— Confined Six Months.
MICHAEL HAYDON (Citypolice-constable, No. 274.) About half-past four o'clock, on the 28th of July, I observed the prisoner, another young man, and two boys, following a lady down Newgate-street—one of the lads slipped his band into the lady's pocket, pulled out something, and handed it to the prisoner—I did not then see what it was—I followed them across Newgate-street, and down Bath-street, which leads to St. Martinle-Grand—I caught the prisoner and another, who made his escape by vio-lent resistance—I saw a blue purse in the prisoner's hand—he was showing it to his companion—I threw him on his back—he made violent resistance, and kicked me violently when he was on the ground—I was endeavouring to get the purse from him—he sprung up, and I did not see any purse in his hand then—I saw a jerk of bis arm—I had seen and felt the purse in his hand, but I did not see it go.
Cross-examined by MR. PAYNE. Q. How near were you to then? A. About twenty yards—there were no persons between me and the prisoner to intercept my sight—there might have been persons behind me—the lady was on the left hand side, passing from Cheapside—there were no carriages passing at that time, or I could not have seen the pocket picked—I was on the opposite side—the boy who picked the lady's pocket was the one nearest to her—they were both about of a size, but what dresses they had I cannot say—the boy put his left hand into the lady's pocket on her right side—I saw the lady again in Mr. Ridley's shop—I saw her go in there—it is on the left hand side in going from Cheapside—I have not found the purse.
SARAH YOUNG WEBB . I am single. I was in Newgate-street on the 28th of July, about a quarter post four o'clock—I bad a blue purse in my pocket, with ivory slides—I had put it into my pocket about ten minutes before it was lost—I had carried it in my band before—there was a half-crown and a shilling in it.
Cross-examined. Q. How far had you had it in your hand? A. From St. Pancras to the corner of St. Paul's-churchyard, when I was just going into a warehouse—I generally carry it in my hand, but I took a pattern out of my pocket that I wished to match at the warehouse, and then I put my purse into my pocket—I had been but a few minutes in the warehouie when the policeman came and asked if I had lost my purse, and, to my surprise, it was gone—I have never seen it since.
JOHN CLARK (police-sergeant E 5.) I produce a certificate of the prisoner's former conviction, which I got at Clerkenwell—(read—Convicted 3rd Dec., 1844, by the name of George Adams, and imprisoned three month)—the prisoner is the person.
GUILTY . Aged 24.— Confined Twelve Months.
NEW COURT.—Wednesday, August 20, 1845.
Fifth Jury.—Before Mr. Common Sergeant.
GUILTY . Aged 23.— Confined Three Months.
GUILTY . Aged 17.— Transported for Seven Years.
(The prosecutor stated he had lost about 100l. worth of property.)
1654. JOHN GERRIE was indicted for stealing 1 coat, value 10s.; 1 watch, 1l.; 1 watch-guard, 2s.; 1 watch-key, 1s.; 1 seal, 2s.; 1 coat, 10s.; 1 waistcoat, 3s.; 1 tobacco-pouch, 2d.; 1 purse, 2d.; 1 penknife, 6d.; and 1 handkerchief, 3d.; the goods of George Ray.
GEORGE RAY . I live in Chamber's-square, Wapping. The prisoner lodged in the same house—on the 17th of Aug. I got up at seven o'clock in the morning—I missed this coat and watch, and the other things stated, they were safe the night before when I went to bed—these are them—they are mine.
MARK PERRY . I slept in the same room with Ray—the prisoner came home that night and ought to have slept there, but he did not stay in the room above three minutes—he then went away, and said he was so sick he could not stay—he was not drunk—I went to sleep about fifteen minutes to one o'clock.
Prisoner. I was the worse for liquor; I did not know I had taken the watch out of the house; I found I had it; I gave it her, and said I would redeem it on Monday.
GUILTY . Aged 36.— Confined Nine Month.
(There was another indictment against the prisoner.)
MR. DOANE conducted the Prosecution.
ISIDORE BLAKE . I am a military man. On Friday night, the 8th of Aug., I got into an omnibus about nine o'clock at the Euston-square sta-tion—it was going in the direction of Piccadilly—I think the prisoner is the man who was in the omnibus, and sat on my right-hand side—nobody tat on the other side of me—I had my dog there—before I got into the omnibus I had my purse which contained 11l. 15s. in sovereigns, half-Sovereigns, and silver—I had put my purse into my coat pocket—I had not heard the prisoner say where he wished to be put down—the omnibus stopped to put down an outside passenger, and when it stopped the prisoner got out—I had his bag in my hand—I was endeavouring to keep up the bag and the little cage which had my dog—the prisoner called quickly for his bag and his portmanteau—when he was gone the conductor spoke to me, and I found a hole in my pocket—some keys which had been in my pocket were on the seat, and my purse was gone—some said the bole in my pocket was cut, some said it was torn, and some that it was worn—I can positively swear I had no hole in it before I got into the omni-bus—the hole was two inches long or more—I got out and went with the conductor to endeavour to find the prisoner, but we did not succeed—I afterwards went the same evening to a house in Macclesfield-street—I saw the prisoner there in the parlour—the house was represented to me as an improper house—I told the prisoner if he was a respectable person to give
me an address or reference—I felt very unwilling to give him in charge, because I thought he looked such a respectable man—he would not give any address or any name, and I was compelled to give him in charge—I was present when he was going to the station-house—he ran away, and we had to give chase after him.
Cross-examined by MR. CLARKSON. Q. You say your purse was safe before you got into the omnibus? A. Yes, I had placed it in my pocket ten, fifteen, or sixteen minutes before—the dog was in the omnibus before me—the prisoner got out at some place near Regent-circus—I have not the coat here with the hole in the pocket—the policeman did not tell me it would be desirable that the jury should see whether it was cut or worn—to the best of my recollection I had examined my coat pocket before I put my purse in, and I put a great coat over my other coat—I was not conscious of any interruption, if I had I should have taken notice of it—I found my keys on the seat by my side, where my pocket was—I cannot remember whether it was the policeman or the conductor who told me that the house in Maeclesfield-street was an improper house—it looked a suspicious house—when I got in, the people and altogether looked suspicious—the prisoner said, "You may search me and my baggage"—he had a port-manteau as well as a bag—his luggage was searched afterwards—I did not decline to give him into custody—I was unwilling—I merely said I was sorry to give such a respectable looking person into custody—I did feel a hesitation.
Q. Did he not tell you that he thought the inquiries were extremely improper, and that he should give no answer to persons who came to take him into custody, and then asked him where he lived? A. He seemed to resent it very slightly—he walked through the street with the policeman—to the best of my belief the policeman had not hold of his collar—I walked about a couple of yards behind them—I did not find my purse—I believe there was 27s. or 28s. found on the prisoner, but no sovereign or half-sovereign—he was taken about eleven o'clock.
HENRY WASHINGTON . I was the conductor of the omnibus—the prisoner and Mr. Blake both got in at Euston-square—Mr. Blake was the last person who got in—the prisoner sat next to him—I wished to ask the prisoner where he wished to be set down, but his face was turned towards Mr. Blake, and I asked a gentleman near the door to ask him—he said it was immaterial—when we got near the Circus, at Piccadilly, the omnibus stopped to put an outside passenger down—the prisoner then got out in a very hurried manner—he called several times for his portmanteau, and my driver gave it him—he ran off towards Regent-street, turned, ran down Coventry-street, and got into a cab in the Haymarket, and drove off—I inquired if Mr. Blake had been robbed, and then went in search of the prisoner, but was not successful—it was about half-past nine o'clock when we got to the Circus—in consequence of some information, I went by myself about ten that night to a house in Maeclesfield-street, but I did not see the prisoner then—I went again to the same house in company with Mr. Blake, about eleven, and saw the prisoner in a room—Mr. Blake had two policemen with him—he charged him with this robbery—I spoke first—I said to Mr. Blake, "That is the man"—the policeman asked Mr. Blake if he would give him into custody—Mr. Blake said if he would give him a reference to any respectable gentleman, or shopkeeper, or trades-man, he would not, but the prisoner would not, and Mr. Blake gave him into custody—there was a search made, but nothing was found, and they
went to the station—I saw the prisoner run away in the street—I was within a few yards of him.
Cross-examined. Q. How many times did he call for his portmanteau? A. I think three or four times in half a minute, in a hurried manner, so much so that my coachman said he was mad.
JOY EMERY (police-sergeant C 8.) I went with Mr. Washington to the house in Macclesfield-street, and took the prisoner—in going to the station I bad hold of his coat—he ran away, and we had to chase him.
JURY to MR. BLAKE. Q. How far were the keys from the prisoner? A. He and I were close together, and the keys were between us—they were close to me—I found them on the seat after I got up—I am as sure as I can be of anything, that my purse was in my pocket after I got out of the train I came by, before I got into the omnibus—I cannot say whether there were other persons in the railway carriage—I felt the purse in my pocket before I left the railway carriage—I did not afterwards—I got into the omnibus in about ten minutes.
NOT GUILTY .
First Jury, before Mr. Common Sergeant.
1656. ANN WILLIAMS was indicted for stealing 6 frocks, value 1l.; 1 cloak, 1l. 10s.; 2 gowns, 1l. 4s.; 1 shawl, 2s.; 1 handkerchief, 1s.; and 2 petticoats, 3s.; the goods of Edmund Green, her master: to which she pleaded
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 36.— Confined Three Months.
1658. EDWARD STUART was indicted for feloniously assaulting James Case, and cutting and wounding him in and upon his right arm, on the 15th of July, at St. Luke, with intent to do him some grievous bodily harm.
JAMES CASE . I live at No. 26, Rope-maker-street, St. Luke's, and am a tailor—the prisoner is a tailor also. On the 15th of July, about half-past seven o'clock in the evening, I was sitting on my board, at work, and the prisoner came in—he had been out drinking, and seemed rather fresh from liquor—he sat down in the room—I said nothing to him for a minute or so—I then said, "How foolish you are to go out drinking when you know how busy I am"—he rose up, made use of some expression, took up the scissors, and stabbed me in my right arm with them—the wound was about an inch and a half long—these are the scissors, and this is my shirt-sleeve, which is covered with blood—I was ill for a month—the prisoner was in liquor.
Prisoner's Defence. I was very drunk at the time.
GUILTY. Aged 35.—Recommended to mercy.
Confined One year.
THOMAS ANSELL . I live at Camdennursery—the prisoner was in my service. I was in the habit of sending him to work for other persons and if they paid him he was to bring the money home to me—this was a job of his own getting—he had worked for this lady before, and he said to me, "An old lady is anxious for me to do a job, and if I do it, it must be on my own account, and in my own name, she will have nothing to do with any nurseryman"—he said she was an old lady, whose brother was an invalid, and it was not convenient for her to pay only once a quarter, and then I was to make out the bill, and he was to take it—it was my money, and it was the prisoner's duty to pay it to me—I am sure of that—if she paid him 1l. 8s. on the 28th of Feb. he has not given me that—if she paid him 17s. 6d. on the 31st of March, or 14s. on the 31st of May, he has not paid me them—he ought to have paid me all three sums.
ANN BARNETT . I paid the prisoner several monies for working, in Feb., in March, and in May—I paid him about 14s. in May—I am sore I paid him in Feb. for a few days, and all Jan. he was there—I paid bio every Saturday when he left his work.
GUILTY . Aged 56.— Confined Six Months.
WILLIAM HENRY HOBBS . I live in Globe-street, St. George's-inthe-East, and am a lighterman. About ten o'clock on Tuesday morning, the 8th of July, my attention was called to a vessel of mine lying near Wapping, and I found a rope called a warp had been stolen from it—thirty-fire fathoms of rope were gone—the inspector afterwards produced this rope, which he compared with some on board my vessel, and I have no doubt it is mine.
JAMES GOODSELL (police-constable B 23.) I produce this rope, which I found on a wall in Johnson-street, Westminster, about half-past five o'clock in the morning, on the 8th of July—each of the prisoners bad a portion of it—I asked where they got it—Traelove said he was not obliged to an-swer the questions I put to him.
Truelove's Defence. I left my ship in the Thames; my master would not give me a register, and I went to the Mansion-house; I was too late, and they recommended me to the Thames Police; I went there, and they would not do anything for me; next day I met a man, who asked if I was employed; I told him I should be glad to earn 6d.; he told me to go with this boy for some rope; this boy knew where the premises were; we were standing by the rope, when the policeman came; we did not know how to carry it, it was so heavy.
Walker's Defence. Some strange man asked me to assist to carry the rope to Lumber-yard, Westminster.
TRUELOVE— GUILTY . Aged 18.
WALKER— GUILTY . Aged 17.
Confined Three Months.
My wife is very ill, and the prisoner attended on her—I think the Wai there in June—we lost these shifts and other things—they are mine.
DANIEL PAUL (police-constable K 123.) I took the prisoner—the prosecutor gave me the duplicates of these articles—they correspond with the pawnbroker's duplicates—I saw the prosecutor's wife give the duplicates to her husband, and she said to the prisoner, "You must be a hard-hearted wretch to rob me in the state I am."
JAMES POTTERTON re-examined. My wife gave me the duplicates in the prisoner's presence—my wife was left entirely in the prisoner's bands—I think she was with us six or seven weeks—I am a watchman, and am out all night, and in bed in the day time—the prisoner had 1s. a week and her living—my wife asked her for a clean pair of sheets, and she said she had not washed them on account of its raining, and then she gave her these duplicates.
The prisoner put in a written defence, stating that she intended to have redeemed the articles.
GUILTY . Aged 52.— Confined Four Months.
1662. JOHN RICKETTS was indicted for burglariously breaking and entering the dwelling-house of Salmon Burrell, on the night of the 19th of July, at Acton, and stealing therein I razor, value 2s.; 1 cap 2s.,: and 1 handkerchief, 1s.; the goods of Stephen Hawkins.
FREDERICK SALMON BURRELL . I live in Baker-street, Portman-square. On the 10th of July I slept at my father's, Mr. Salmon Bun-ell's house, at Acton, Middlesex—I went to bed "about eleven o'clock—I cannot speak to my own knowledge about the house being fastened—I was awoke at four in the morning—I heard a noise in the lower part of the house—I sent the servant to ascertain the cause—I then walked to the bed-room window, and saw a man run across the garden—I dressed and went down—I found a back door forced, the glass broken, and the frame broken—an inner door was forced, and a plank forced off another door—I did not see these things the night before.
STEPHEN HAWKINS . I am groom to Mr. Salmon Burrell, the father of the last witness—I sleep in his dwelling-house, which is in the parish of Acton—I was called up about four o'clock that morning—I went down, and found the place broken open—a cap, a razor, and a handkerchief belonging to me, were taken out of the stable—they had got from the kitchen to the coach-house, and from thence to the stable—I had shut up the house the night before, and all the places that were afterwards broken were then safe—I locked them about ten—I do not know the prisoner—this cap, razor, and handkerchief are mine—my coat was lying down on a form in the coach-house, but was not taken away.
JOHN DRUCE (police-constable T 132.) About four o'clock that morn-ing I was on duty—I heard a cry of "Stop thief!"—I saw the prisoner near the premises—I pursued and took him—I found this cap, razor, and handkerchief on him, also a nail, the handle of a knife, and five duplicates—I found the blade of this knife on the window sill of the premises—I found, in the back part of the premises, this old spit, which has lately been used at the greenhouse fire—it is what he broke the door open with—I have fitted it to the marks on the door.
Prisoner. I was on the road at two o'clock in the morning, and not knowing where I was, I got under some trees, as it rained; I was going away, and was taken; I know nothing about the robbery.
GUILTY . Aged 37.— Transported for Ten Years.
(There was another indictment against the prisoner.)
GUILTY . Aged 30.— Confined Eighteen Months.
THOMAS DOWNES . I live in Mary-street, Whitechapel, and am a cabinet-maker—the prisoner worked for me about four months, as a jour-neyman—I missed two planes, and gave him into custody—these are the planes, and they are mine.
Prisoner. Q. What was the reason for your giving me into custody; was it not that I was called as a witness against you for stealing a bed-stead? A. No, I knew you robbed me, and I gave you in charge—I was not charged with stealing a bedstead.
Prisoner. Q. Was I not called upon as a witness against the prosecutor? A. I believe you was—there was a bedstead which he sent in, and another man brought a charge against his foreman, but there was nothing against the prosecutor whatever.
Prisoner. One of these planes was lent me by a man in the shop.
GUILTY . Aged 28.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 45.— Confined One Year.
NEW COURT.—Thursday, August 21st, 1845.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 29.— Confined Six Months.
GUILTY . Aged 19.— Confined Four Months.
GUILTY . Aged 13.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
SARAH JONES . The prisoner is my husband; we live at Horsendenhill, near Greenford. He came home on Saturday, the 5th of July, about seven o'clock in the evening—I was talking about what I had been correcting a little girl about four years old for—he approved of it, and said he should have done the same—he then went into my neighbour's house, and staid some time—he then came and called the child out, and said, "Poor little thing, she looks as if she was starved"—he said, "If anything happens to the child I shall never forgive you"—he said I was no mother to the child—he said if I was no mother, he would be a father—he directly struck me a blow on my head with his fist, which made me feel giddy—to went into my neighbour's house, came back in about five minutes, and asked me if I was going to have my tea—I said yes—I had not had any—I made the fire up—he told me that for what had happened to the child she had nobody to thank but me—he struck another blow, which he aimed at me, but it struck my baby of six months old, which I had in my arms, on the head—I told him if he had any spite to throw it on me, not on the baby—I directly went and laid the baby on the bed in the bedroom, and before I could turn myself round he struck me another blow on the side of the head, which rendered me insensible—I do not know whether I fell, but I dare say I did—I was very giddy after the first blow he gave me—I think it was two days and two nights before I came to my senses—I was attended by Mr. Curtis—the effect of the blow has been concussion of the brain, I believe—I have been very ill ever since.
Cross-examined by MR. PRENDERGAST. Q. Did you say to him, "Come on, you b—, if you owe me any spite?" A. Not that I know of; I might have said so in a passion, but do not remember it—he is rather a passionate man, and I am rather passionate, but this is not the first time—his treatment to me has been enough to make me say and do what I should never think of—I was not suckling the baby; it has been hrought up by hand—I suckled it about a month—the prisoner did not remonstrate with me for weaning it when only a month old—he desired me to do it, and told me it would be better, but it was ill ever after—it had good nursing—the prisoner was always jealous, and thought I treated the baby better than I did the little girl—I did not wean it, it weaned itself—my husband and I have had words ever since we have been married—I know Woodman, a farmer, but no further than civility—my husband has complained of my treatment of my eldest little girl—I did not ask him how it was he came home without beef steaks—I do not know that he wanted beef steaks—he asked me if I was going to have tea—I never gave him a blow that I know of—I believe it was his fist that hurt my head, but I was insensible.
MR. PAYNE. Q. Is there any truth in saying you ill-treated this little girl? A. No—I lost the baby last week—both the children are mine and his.
JANE HUNT . I live at Horsenden, near Greenford, near Mrs. Jones's. On the 5th of July I was going up my garden, and heard a great noise—I stopped in the garden, and heard Mrs. Jones say, "Come on, you b----,
if you owe me any spite"—the answer was, "Sally, you are enough to make me do that which I should never think of"—that was all I heard—I then went into my house, and staid about ten minutes—my was sitting out at the door, and he said to me, "Jane, I think he has got her in the bed-room"—my sister came up—I asked her to go in—she did so, and came out again and spoke to me—I then went in, and Mrs. Jones was lying across the foot of the bed, on her back, her mouth wide open, and her eyes wide open and fixed—she had no sight—I waved my hand and said, "Mrs. Jones, Mrs. Jones!" but she could not speak at all—the surgeon came, and remained, I should say, three hours and a half, apply-ing remedies to her all the time, but she was not sensible at all—she spoke at eight o'clock in the evening, but she did not appear to know anything—there was no fender near where she was lying.
HENRY CHARLES CURTIS . I am a surgeon, and live at Harrow-on-the-hill. I was called in to attend Mrs. Jones on the 5th of July—I saw her about a quarter-past ten o'clock at night—she was insensible—I applied remedies—it was forty-eight hours before she showed any effect had been produced—she was labouring under concussion of the brain—it was an injury which might have been caused by the blow of a man's fist on the head—a blow on the head sufficient to produce concussion might make the party insensible before they fell on the ground—it was an injury dan-gerous to life.
Cross-examined. Q. There was no mark of external violence? A. No, there was no extravasation nor bruise of great extent—I did hot observe any marks—there might have been a blow producing concussion without that.
JOSEPH CLARK (police sergeant T 16.) From information which I received I took the prisoner on Sunday, the 6th of July—on the way to the station he said he had had a few words with his wife respecting the child—that he struck her with his open hand, and he could not say whether she fell with her head against the drawers, or against a garden hoe which was lying in the bed-room.
GUILTY of an Assault. Aged 28.—Recommended to mercy by the Jury as account of aggravating circumstances.— Confined One Month.
MR. PRENDERGAST conducted the Prosecution.
JOHN MARK BULL (City police-constable, No. 151.) On the 16th of July I was near Union-street, Little Moorfields, about half-past five o'clock—there was a great crowd of persons and a general piece of work in Moor-lane—I saw Marney strike a shoemaker a very violent blow in the mouth—I went up to Marney, and before I touched him he struck at me both right and left in the face—I had not done anything to him—he got me down and kicked me violently in the thigh and in the mouth—Carter came to my assistance—I got up again and secured Marney—Burt kicked me several times about the legs and thighs, and endeavoured to rescue Marney from me—I afterwards saw him kick several times at Regan, and at last he succeeded in kicking him so as to prevent him from giving any further assistance—I should say the kicks were given decidedly with the
design of disabling him—we at last succeeded in taking Marney—he still behaved in the same way, and bit me violently in the left arm—he was rather fresh.
Cross-examined by MR. PAYNE. Q. How many of you had got him at the time he bit you? A. I should say no one but myself—I had been there two or three minutes before I took him into custody—I did not take anybody but him—the shoemakers were in the act of going away when desired to do so—I did not see what the cause of it all had been—I did not use my staff—I took it out to intimidate Marney, but seeing the crowd was so much against the police, I thought it prudent to return it into my pocket and not to use it—the other officers did not use their itaves in my presence—it required three or four officers to take Marney to the station—when he was kicking Regan, the confusion was so great, that I will not positively swear whether he was on the ground or not—I did not make inquiry what it was all about, but I saw Marney beckon a shoemaker over to him, and he struck him—the man was going quietly away.
DANIEL CARTER (City police-constable, No. 148.) I was in Moor-lane—there was a disturbance—I saw Marney beckon a shoemaker over to him, and as soon as he got over he struck him very violently in the face—Bull went towards Marney immediately—Marney struck him right and left in the face, and knocked him down—Bull had not done anything to him—I went to Bull's assistance—Marney struck me twice in the face—I laid hold of his collar—Burt and another laid hold of me and pulled me away, and Burt kicked me in the groin—he appeared to kick with the design of kicking me there.
JURY. Q. Were Marney and Furt drank? A. They had been drink-ing, but were not drunk.
Cross-examined. Q. Were the shoemakers drunk? A. They were nearly drunk—there were four or five of them—I know the prisoners by sight, about the neighbourhood—there was great confusion—I did not see how the row began—I was there some time before there was a blow struck—I saw two drunken shoemakers going down the lane away from Fore-street—two of the prisoners came up the lane, and there was some little altercation—I went to persuade the shoemakers to go away, and then Marney beckoned one of them over to him, as he stood on the curb—the man who pulled me away was not Winser.
JAMES REGAN (City police-constable, No. 22.) I was in Moor-lane, and saw Marney assaulting Bull—I went up and laid hold of Marney—I requested Bull to assist me in pulling him down on the pavement—I held him down, and should have succeeded, perhaps, in securing him, but a female came and loosened his collar—he got up and renewed his assault on Bull—I took him off with my left arm, and endeavoured to hold him at arm's length till assistance came—he kicked at me, and at last kicked me violently in the private parts—I was bent double, and was forced to go into a coal-shed—Marney was then lying on his back and kicking violently—I was in great pain, and did not notice much of the proceedings after that—I have been in great pain at different times since.
JOHN ROE . I am an officer of the Mansion-house. I was in Moor-lane, and saw Marney strike a shoemaker, who had his arm in a sling—I saw Hull go towards Marney, who struck him immediately, right and left, and I believe knocked him clown—Bull had not touched him before that—I
interfered, and assisted in getting the prisoners to the station—their conduct was as violent as could be—they had been drinking.
MARNEY— GUILTY . Aged 23.
BURT— GUILTY . Aged 23.
Confined Two Months.
WINSER— NOT GUILTY .
MR. PRENDERGAST conducted the Prosecution.
WILLIAM ELLARD (City police-constable, No. 276.) I was walking up Holborn, on the 21st of July, a few minutes before seven o'clock in the evening, and saw the prisoner with two more persons—he did not say anything to me, but as I passed him he spat a bone into my face—I looked at him, and passed by, as I did not know whether he did it accidentally or not—when I had got about half a dozen yards past, I turned, and looked back, and saw him go to Mr. Elmes, and offer him a bone—the prisoner was eating a sheep's trotter—Mr. Elmes put up his hand to tell him to go away, and he beckoned me—I went up and told the prisoner he was doing wrong, and we could not have a row there—the prisoner then struck me in the eye, and knocked my hat off, which I lost for some time—I reco-vered myself, and went up to the prisoner again—he struck me in the cheek—another officer came up, and we were getting him to the stationhe was very violent—we were forced to strap his legs—he kicked the strap off, and we were compelled to strap him again—he complained of his anni being hurt by our carrying him, and requested me to release him—we did so, and he made a spring up, caught me round the thighs, and bit me on the side of the thigh—the piece of flesh was very nearly out, and the blood came through my trowsers—we were obliged to secure him again, and it required seven constables to take him to the station—he bad been drinking, but I could not say he was drunk.
Prisoner. You stated at the office that I bad bitten you, and I asked you to show the mark, and you could not. Witness. You did not ask anything of the kind—I had the mark of the blood on my trowsers when I was before the Magistrate—I have had many bites, but never such a one as this—it might be a spite against me because I had bis sister in custody about a watch.
JOHN ELMES . I am in the service of a publican, at No. 88, Holborn-hill. On the evening of the 21st of July, I was standing at the door—the prisoner was standing a few feet in front of me, with a companion—he purchased some trotters—I saw the policeman coming up, and the prisoner seemed to spit something towards him—the officer took no notice, but when he got a little further, he turned—the prisoner came up to me, and thrust a portion of the bone within a few inches of me, and said, "Will you have a bit?"—I said, "No"—he then thrust his face to mine, and said, "Kiss my,—you b—vagabond"—I put my hand against him, and said, "Go on"—he struck me, and I turned and said to Fenn, "Will you allow this?"—Fenn came up and touched him, and said, "This wont do"—he then began to strike Fenn in the face and breast, and his hat fell off—another officer came and assisted in taking the prisoner—Fenn used a proper degree of forbearance towards him.
Prisoner. Q. Was I not in your house? A. You had been there a
quarter of an hour before with a companion—you called for drink, and I refused it, because the man who was with you was so disorderly.
EDWARD COTTEE (police-constable C 246.) I went to the assistance of Fenn—I saw the prisoner strike him on the face and breast—the prisoner was taken, and as he was going to the station I saw him bite Fenn, and I saw the blood—he still continued this violence when he was taken to the station.
THOMAS DUNGLESON (City police-sergeant, No. 109.) I was on duty in Farringdon-street—I saw the prisoner kicking and striking the officers—it was necessary to strap his legs—I endeavoured to persuade him to walk, but he refused with dreadful language—the officers laid him down, strapped his legs, and carried him from there nearly to the top of King-street—a man interfered and said we were breaking his arm—I told the officers to set him down, and in less than half a minute he seized Fenn and bit his thigh—his conduct was so violent we were obliged to have a man to secure his head to prevent his biting the officers' fingers—we got him to the station, and he laid if we would loose his legs he would walk into the cell—I desired them to do so, and he began kicking—he kicked me so violently that I could not stand—they were obliged to carry him into the cell by force.
Prisoner. Q. Then my legs were not strapped when I was put into the cell? A. No, I cannot say what they might do afterwards.
Prisoner's Defence. I was drinking all that day with two men; I went into Elraes' house; he shoved me out, and the officer knocked me down; I have very violent fits; the officer kicked me in the eye, and another knelt on my chest; I have had a palpitation of the heart ever since.
GUILTY . Aged 22.— Confined Two Months.
ANN CORNELIUS . I am the wife of Bernard Cornelius, and live at No. 57, Lincoln's-inn-fields—Mr. Lewis Innes Baker has chambers there—on the 19th of July I heard a noise, and saw the prisoner going out with Mr. Baker's coat, which had been in his sitting-room—I went up to her and she dropped it—I said she might as well have kept it in her hand as bare dropped it—she said, "What should I do with the coat?"—I sent for an officer and gave her into custody—this is Mr. Baker's coat—I had never seen the prisoner before.
BENJAMIN WILLIAM REA (police-constable F 98.) I was called about a quarter before five that day, and the prisoner was given to me, with this coat—I asked what she knew about it—she said, "It is all right, Johnson is a good fellow"—she pretended to be drunk, but she was quite sober when I went in.
Prisoner's Defence. I called at No. 57, to see a friend; there wai a woman cleaning the stairs and she informed me my friend was gone down; this woman then came and said I meant to steal; she pressed me back against a door and sent for an officer; I saw nothing of the property till I was at the office.
GUILTY .** Aged 55.— Confined Twelve Months.
1673. CHARLES HALEY, DANIEL DWYER , and WILLIAM JAMES CARROLL , were indicted for burglariously breaking and entering the dwelling-house of Christopher List, about two o'clock, on the 13th ofJuly, at St. Paul, Covent-gnrden, with intent to steal; and that Haley had been before convicted of felony.
CHRISTOPHER LIST . I am the landlord of the Marquis of Anglesey public-house in Bow-street, in the parish of St. Paul, Covent-garden—I rent the house and live in it—on Saturday mght, the 12th of July, I shut my house myself at a quarter past twelve—I was the last person up—I saw everything secure, and went to bed—about two o'clock in the morning I was called up by the constable, who was outside my front door—I let him in—my front door was fastened, and my house was just as I had left it, except a trapdoor between two walls, which was burst open—that door was a part of the house—it is between an old wall and a new one which they had been erecting—it is between the old house next door, which was under repairs, and my house, and led into my passage between the bar and the tap-room—there was a vacancy in the wall in consequence of repairs, and that door was put to supply it, so that in fact it formed part of the wall—I found it had been forced open from the other side into my passage—they must have got at it from the house which was under repair—it had not been left open—it was fastened—I found a drawer in my bar had been tried at by some instrument, and there were marks of a screw-driver on it which corresponded with the marks of one which was brought by one of the officers.
Cross-examined by MR. PRENDERGAST. Q. Had you fastened the next house yourself? A. No—I was informed it was safe—there is a wall between my house and the next—the old wall was partly pulled down, and the new one erected—there was a space between the old wall and the new, the width of the door, and this door was placed between the two—it belonged to me—it was fastened with iron hold-fasts, and was temporarily put up on Saturday night—it was not intended to open, but it was put up to secure the house—this screw-driver was brought to me directly after two o'clock—there were marks in the drawer evidently to be seen—the policeman tried the screw-driver to it—he did not say, "I will go and see if there are any marks"—there was nothing broken open, and nothing missed—I saw the marks in the drawer before I saw the screw-driver—the policeman had taken the prisoners away before I came down to let him in—when he came back he had not the screw-driver in his hand—he took it ont of his pocket in the bar—he told me there was a screw-driver, which he had picked up—I went to bed a second time about three o'clock, and laid till about seven.
JAMES BRACKENBURY . I am a carpenter, and was employed at No. 23, Russell-street, the adjoining premises to Mr. List. We were rebuilding a party-wall between the Marquis of Anglesey and the house which was repairing—I put up a door in a temporary way, about four o'clock on Saturday afternoon—I merely put a holdfast or two and a bit of wood—the wall had been condemned by the district surveyor—we had pulled part of it down, and there was a vacancy of about eighteen inches between that and the new wall, and I fastened up this door—the adjoining house was empty—I went to work on the Monday morning, about nine o'clock—I found the door had been disturbed, but it was then put up again—there was no staple to that door, nor padlock—there was to the front door of the house No. 23, Russell-street, and the staple was wrenched off that, and the padlock undone.
Cross-examined by MR. PRENDERGAST. Q. Were you the last person in that house? A. I think I was—I saw the outer door locked—this
middle door was just put up to keep out the wind—I cannot recollect whether the wind was high.
Cross-examined by MR. PAYNE. Q. The door did not exactly fill up the gap? A. Not exactly, but I could not get in without pushing it down—I had nothing to do with Mr. List's house—I was at work at the next house, but I put up the door on Mr. List's side to keep the publican from coming in to us—I went away on that Saturday night about half-past five o'clock.
WILLIAM CHADWICK (police-sergeant F 2.) At a quarter before two o'clock on Sunday morning, the 13th of July, in consequence of information, I went to an empty house, No. 23, Russell-street—the side of that house communicates with Mr. List's—I found the door of that house fastened—I sent for a ladder, and directed one or two of the officers to get up and go in—at the moment they entered the first floor window the door of the house No. 23 opened, and Haley and Dwyer came out—I ran up, and struck Haley's back—he fell on Carroll—I caught at Haley with my right hand, and Carroll with my left—I called out to the officer that there was another lad gone backwards, and he presently called out that he had got him—the door of No. 23 was forced open, and the door in the wall appeared forced off the nails, which were sticking out—I saw a screwdriver picked up by Blunden, and a box of matches was picked up by another officer—I called up Mr. List, and he showed me where the door was, and I found it was the same door that was forced open—on the Sun-day night I went on duty again, and I saw some marks, which I compared the screw-driver with, and it fitted—it had been compared with them on the first occasion, but not in my presence.
Cross-examined by MR. PRENDERGAST. Q. What time were you alarmed? A. About a quarter past two—I first saw the screw-driver after we went back to Mr. List's—it was lying on the ground near where Haley had been—I saw it just as Blunden was stooping to pick it up—it was easy to open the door of No. 23 from Russell-street—it only had a common hasp
Cross-examined by MR. PAYNE. Q. You acted according to some information? A. Yes, from Blunden—we took the prisoners to the station, and charged them with being in an empty house, for an unlawful purpose.
THOMAS BLUNDEN (police-constable F 93.) At a quarter before two o'clock, on the morning of the 13th of July, I went to No. 23, Russell-street—I listened, and heard footsteps—I did not observe the door—it was closed at that time—the door opened, and I apprehended Haley, coming out—sergeant Chadwick apprehended Carroll, and Dowsett apprehended Dwyer in the shop—we took them all to the station, and I went back to the empty house, and found this screw-driver.
Cross-examined by MR. PRENDERGAST. Q. The prisoners were a little drunk, I believe? A. I did not observe it.
Cross-examined by MR. PAYNE. Q. You gave information to sergeant Chadwick? A. Yes, and I went there from information that I had received.
JAMES DOWSETT (police-constable F 136.) I wenfwith sergeant Chadwick to No. 23, Russell-street—a ladder was brought there—I entered the house by the first floor window, and saw Dwyer making towards the back of the house—I followed, and took him—I afterwards picked up a box of matches in the shop.
GEORGE HURST (police-constable F 76.) I produce a certificate of Haley's former conviction, at Clerkcnwell—(read—Convicted 10th Dec, 1839, and confined four months, four weeks solitary)—he is the person.
HALEY— GUILTY . Aged 20.
DWYER— GUILTY . Aged 19.
CARROLL— GUILTY . Aged 20.
Transported for Ten Years.
THOMAS POTTER . I am a wax and tallow-chandler, and live in Craw-ford-street. The prisoner was my porter and carman—it was his duty to receive money on my account—on the 22rd of July I was in my shop—I had my ledger out, and it was headed "Frewin"—I asked the prisoner if lie knew that name—he said, "Yes"—I said I had got evidence that he had received money of Mrs. Frewin's butler—he said, "I have, and I hope you will forgive me"—I said he had been with me so long, and, in consequence of his wife and family, I did not wish to hurt him, bat I would sleep upon it.
Cross-examined by MR. BALLANTINE. Q. To whom was it his duty to pay the money? A. To me, if I was in the way; if not, to one of my servants behind the counter, who would make the entry—it is by my book I judge that this money has not been paid—I can swear it was not paid to me—the servant to whom he might have paid it is not in my employ now.
Cross-examined. Q. Have you any recollection of the payment of the money except by the book? A. No—these goods are entered by the prisoner, and receipted by him—on or about the 20th of March I paid him 2l. 7s.—here is his own handwriting to it, made in my presence.
NOT GUILTY .
GUILTY . Aged 36.— Confined Six Months.
1676. SAMUEL IFE was indicted for embezzling and stealing, on the 14th of May, 12 scissors, value 3s. scissors, 2s. 6d.: and on the 29th of june, 12 knives, 18 and 12 combs, 10s. 10s. 6d.; which he had received for his masters, George Binge and Frederick Binge.
MR. CHARNOCK conducted the Prosecution.
JAMES CUTHBERTSON . I live at Bromley, and am a stationer. I have dealings with Messrs. Binge, hardwaremen, in Houndsditch—I ordered one dozen of scissors of them last May, and they sent me down two dozen, by the Parcels Delivery Company—I know the prisoner—he called on me in May from Messrs'. Binge's, and I returned by him one dozen of small scissors, and three pairs of large ones—I told him they were more than I ordered—he lett with the goods—on the 26th of June I returned him one dozen of fruit-knives and one dozen of combs—they had been sent by Messrs. Binge, by the Parcel Delivery Company, and were unsuitable for
me—on the day they came I wrote a letter, requesting the traveller to call for them—on the 26th of June the prisoner called, and I gave them into his possession, to deliver to his masters—I frequently return goods when they do not suit.
Prisoner. I do not deny that you gave me the scissors, and I returned them to Mr. Binge.
JOHN BINGE . I carry on business in partnership with my brother Frederick, as hardwaremen, in Houndsditch. The prisoner was one of our commission travellers—it was part of his duty to collect orders from samples, and, if goods were returned to him, to return them to us—he did not on the 14th of May return us twelve pairs of scissors, nor three pairs; nor did he on the 26th of June, or subsequently, return twelve silver fruit-knives, nor any combs, nor tell me that they had been returned by Mr. Cuthbertson—it was his duty to deliver them to me or my brother.
COURT. Q. Was it any part of his duty to deliver goods to the customers? A. No—we send them by the Delivery Company—if goodi are returned to him, it is his duty to bring them back, and to render us an iccount of what he had received—he might refuse to bring them back, we could not compel him.
Prisoner. I never looked upon it in any other light than a mere debtor and creditor account; I have a written authority to dispose of my samples; I have taken goods back from places, and sold them, and paid him for them; I have only received 5l. 10s. 6d. for my service since Christmas.
JOHN BINGE re-examined. The written authority was in ray writing—the prisoner was travelling for another house in another business—he called on me, wishing me to let him take samples, and, after some letters from him, I wrote word that he might sell his samples, if he chose, before his return; but that was before he was in my employ—these were not the terms on which he came into my service—he had had goods from me which he owed me for—the reason he had not received more money was, he was liquidating the debt he had contracted previously.
NOT GUILTY .
BENJAMIN SEXTON (City police-constable, No. 161.) Last Friday morning, about twenty minutes past seven o'clock, I saw the prisoner in Barbican, with these two cushions under his arm—I asked where he was going to take them—he said to Bishopsgate-street, to have them repaired, and that a carman, whose name he did not know, gave them to him in Holborn.
THOMAS RILEY . I am ostler at the Nag's Head in Hart-street, Covent-garden—these cushions belong to Mr. John Appleton—I missed them at half-past six o'clock, last Friday morning, from a chaise in the Nag's Head stable-yard—I had seen them safe about eight o'clock in the night before—the yard gates had been opened about a quarter before six o'clock that morning—they had been shut in the night.
Prisoner's Defence. A carman asked me to take them as far as Bishopsgate-street to have them repaired; I thought I would earn a shilling; I told the officer I was to meet the man in Bishopsgate-street.
GUILTY . Aged 36.— Confined Two Months.
1678. JOHNM'CARTHY and MARY M'CARTHY were indicted for feloniously receiving 1 gold bracelet, set with pearls and emeralds, value 70l., the goods of Lord Cottenham, well knowing the same to have been stolen; to which JOHN M'CARTHY pleaded
GUILTY. Aged 30.— Judgment Respited.
MR. BODKIN offered no evidence against
MARY M'CARTHY— NOT GUILTY .
1679. MARY CHARLTON was indicted for stealing 1 shawl, value 1s. 6d.; 3 yards of tape, 1/2d.; 2 collars, 2d.; 1 stay-lace, 1 1/2d.; 1 ounce of starch, 1/2d.; 9 pence, and 11 halfpence; the goods of Martin Steele, her master.
MARY STEELE . I am the wife of Martin Steele. We keep a chandler's shop in Charles-street, Westminster—the prisoner came into my service about a fortnight before the 24th of July—in consequence of suspicion I went into her room, and she followed me—I turned up her bed and found a bundle, with some starch, some tape and cottons, and this money—then were two collars lying on the table, which I believe she took out of the handle while I called Mr. Steele—I took up the bundle—the prisoner dared me to open it, and said it was dirty linen—she put it behind her and kicked it under the drawers—this shawl was concealed about her person—the things are all my husband's—the collars are my daughter's, but they elong to my husband—she said the tape and the cotton had been given to her by Mrs. Webb—I sent for her, and she said in the prisoner's presence hat she had not given them to her—when I unfastened the prisoner's ett coat the shawl dropped from between her petticoat and stays—I could not identify the money, but I had lost money.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutrix.— Confined Two Months.
JAMES CARTER . I am foreman to Mr. John Henry Machu, a silk manufacturer in Bunhill-row. The prisoner was in his employ as a wire-ribbon weaver—he worked on his premises piece-work, and had a good character—this tool is my master's, and these pieces of iron are such as we use, and some of these I can speak to as being my master's.
FREDERICK POLLARD (police-constable G 214.) At a quarter to ten o'clock, on the night of the 23rd of July, I was on duty in Tabernacle-row—I met the prisoner carrying this iron in an old blue handkerchief under his coat, under his arm—I asked what he had got there—he said
some old iron which he had found on a dung-heap in Featherstone-court—I detained him.
Prisoner's Defence. I was going down the court and taw this; I took it up, and the officer saw me.
GUILTY . Aged 17.— Confined Three Months.
NEW COURT.—Friday, August 22nd, 1845.
First Jury, before Mr. Common Sergeant.
GUILTY .*— Transported for Seven Years.
GUILTY . Aged 28.— Confined Three Months.
GUILTY . Aged 24.— Confined Three Months.
GUILTY . Aged 47.— Confined Three Months.
GUILTY .** Aged 22.— Transported for Seven Years.
1686. JOHN HENRY THOMPSON was indicted for stealing 90 cakes, value 1s. 6d.; 2lbs. of sweetmeats, 1s. 6d.; and 1 handkerchief, 3d.; the goods of James Andrews, and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 17.— Confined One Year.
GUILTY . Aged 17.— Confined Three Months.
1688. ROBERT BROWN was indicted for stealing 7 shirts, value 12s.; 1 duck-frock, 1s.; 1 bag, 1s.; and 6 handkerchiefs, 3s.; the goods of Richard Wetherell Hammond, in a vessel, in a certain port of entry and discharge; to which be pleaded
GUILTY . Aged 32.— Confined Six Months ,
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 16.— Confined Six Months.
1691. JOHN MORRIS was indicted for stealing 2 handkerchiefs, value 10s.; 1 scarf, 7s.; 11 yards of mouselinde-laine, 17s.; 1 scarf, 11s.; and 12 yards of silk, 1l. 9s.; the goods of Thomas Streeter, his master; to which he pleaded
GUILTY . Aged 28.—Recommended to mercy.— Confined Two Month.
1692. ANNETTA HOBBS was indicted , for that she, unlawfully and maliciously, did cut and wound William Hobbs, on the 21st of July, in and upon his left cheek and right thigh, with intent to do him some griev-ous bodily harm.
MR. PAYNE conducted the Prosecution.
WILLIAM HOBBS . I live in Hackney-road, and am a shoemaker, the prisoner is my wife. About twelve o'clock at night, on the 23rd of July, I came home—I required some supper to be cooked—she refused to do so—I cooked it myself, and was about to eat it, when she dashed it on the floor, and said that I and a young man who was there, who works in the shop, should not eat it—she then requested to go out, and it being very late, I locked the door, and would not let her—she then wished to fight, and stood up in a fighting attitude—it all arose from my cooking the supper—she came up to me with her fist clenched—I told her to sit down—she turned, and took a knife from her bosom, came up to me, and stabbed me in the left cheek—I took her hand and tried to get the knife from her—before I could get it she stabbed me in the thigh—she appeared to be very angry, and said she would murder me—I bled much from the wound in the thigh, and went to the doctor.
Prisoner. You know I had a piece of bread and meat in my hand, which I threw at you first; you struck and knocked me about; you bate been ill-using me very much, through your connexion with bad women; and since you have been connected with Sophia Young, you have used me worse than a dog; you once cut me in the arm with a table-knife, and you have been in the habit of coming home at two, three, and four o'clock in the morning. Witness. No, I have not—she was once about to cut her hair off with a razor—I tried to take it from her, and it drew acrosi her arm—there is such a person as Sophia Young, but I am not living with her—I never spoke to her in my life.
COURT. Q. Is there any woman that you are living with? A. No—I have come home as late as two o'clock some mornings, but not often—I never came home drunk—she has been at home to receive me.
JAMES CAFFREY (police-constable N 153.) I heard screams of "Murder, and went to the house—I found the prosecutor standing against the counter very weak and covered with blood—I asked him who had done it—there were two or three cabmen who had run in before me—the prisoner was in the parlour, and one cabman was keeping her from coming into the shop—the prosecutor said she had stabbed him in the face and in the thigh—I took her—she seemed very much excited, and said, "The rascal ought to be burned"—when I chided her for doing so, she said, "It is all on account of a paramour of his"—I brought her to the station, and
there she fainted and went into a fit—she said she was very sorry for what she had done, and expressed great sorrow—I took the prosecutor to the surgeon, and had his wounds dressed—he fainted twice.
Prisoner. Q. Have you seen me standing at two or three o'clock in the morning, waiting for my husband? A. Yes—I did not take him to the station for beating you with a pint pot, but I heard of it.
RICHARD LEWIS DAVIS . I am assistant to Mr. Cowan, a surgeon—the prosecutor was brought to the surgery with one wound on the left cheek, and one on the right thigh—they were both such wounds as might have been inflicted by a penknife—I dressed them.
Prisoner's Defence. I have been married six years; for the first year we lived very comfortably, till he became acquainted with a servant named Peake, and thence passed as a single man for nine months, during which time he neglected home, and very much ill-treated me, but not so much as since he became acquainted with Sophia Young, a flowermaker; he has stopped out all night, occasionally, and often until morning; he once stopped away four months—when this happened he came home about half-past twelve o'clock; I asked where he had been, he gave me a very improper answer; I told him he had better have brought her home to cook his supper; we had words, and he refused to let me go for my beer; I said I would have some water, but he locked the door, knocked me down, kicked me, and struck me a violent blow on my head, that if I had not had my bonnet on, my eye would have been knocked out; I got up and struck him, but was not aware of what I had in my hand; unfortunately it was a knife that I was going to eat with; I am truly sorry for what I have done, and humbly beg for mercy.
GUILTY. of an Assault, under great provocation. Aged 28.— Confined One Month.
1693. FREDERICK WOLFE was indicted for burglariously breaking and entering the dwelling-house of James Samuels, about the hour of three in the night of the 8th of July, at St. Leonard, Shoreditch, with intent to steal, and stealing therein, 1 coat, value 3l. 10s.; 1 watch, 1l. 10s.; 1 hat, 18s.; 1 pair of boots, 14s.; 1 pair of sugartongs, 10s.; 2 spoons, 8s.; 1 handkerchief, 5s.; and 1 peppercastor top, 2s.; his goods.
MR. SIMON conducted the Prosecution.
JAMES SAMUELS . I am a boot and shoemaker, and live at No. 12, East-road, City-road. On the night of the 8th of July I went to rest about half-past eleven o'clock—everything was then safe and secure—the next morning I was alarmed by my servant calling me up about half-past six, or a quarter to seven—I went down, and found a pair of old boots in the back kitchen—I went up into the show-room, and missed a coat which I had pulled off the night before, and in that room I found the coat now produced—neither this nor the boots belong to me, or any one in my house—I missed a watch, a hat, the top of a peppercastor, and other things, worth about 6l.
LOUISA CHASE . I am servant to Mr. Samuels. On the morning of the 9th of July I got up about half-past six o'clock—I found in the back kitchen an old pair of Blucher boots, and in the passage an old candle-stick, which had been moved from the mantelpiece—I found the window open—I called my master.
FRANCIS MILLARD . I am apprentice to Mr. Burgess, a pawnbroker, in Long-acre. On the 7th of July the prisoner pawned this union breast-pin—I gave him this duplicate—he wore this coat at the time—the buttons attracted my attention to it.
Cross-examined by MR. BALLANTINE. Q. How old are you? A. seventeen—I have been between five and six years in my master's employ—I had never seen the prisoner before to my knowledge—I take in a great many pledges—I recollect the coat that the prisoner had on perfectly—I never had any doubt about his wearing it, and never said to anybody that I was not quite sure—I was first told of this by the policeman four or five days after the prisoner pawned the pin—the policeman brought the duplicate of the pin, and I described the person who pawned it—I described him as wearing a single-breasted frock-coat with a velvet collar and glass buttons—I am quite sure I told the policeman so—that was before I knew that the coat could be shown to me—I did not describe any other part of the prisoner's dress—I said he was a young man about eighteen or twenty, with dark black hair, rather long—the policeman said, "Is he not rather a Jewish-looking young man?"—I said, "Yes, he is"—there were two or three customers in the shop when the prisoner came—the foreman and another assistant beside me were behind the counter.
MR. SIMON. Q. You were the person who attended to this pledge? A. Yes; but I showed the pin to the foreman before I lent the money—he asked 5s. on it—I lent him half-a-crown—I had an opportunity of seeing him—he was in the lightest box in the shop—he stood fronting the counter—I have not the slightest doubt about him.
WILLIAM SANDERS (police-sergeant N 25.) I was called in to the prosecutor's—I took possession of this coat—I found the lining was torn, and this duplicate of the pin was down at the bottom, inside the lining—it is dated the 7th of July—this knife was in the coat pocket.
WILLIAM EDWARD BALL (police-constable, N 365.) I received this coat from the other constable—I took it to the pawnbroker's—I asked Millard the description of the person who pawned the pin—he said he was about nineteen or twenty years of age, and dressed in a single-breasted coat with glass buttons; that he had a dark complexion and long black hair—I asked him if he was of a Jewish appearance—he said yes—(The prisoner here desired to be permitted to put the coat on, which he did.)
GEORGE MITCHELL . I live in the Willow-walk—the prisoner worked in the same shop with me—I saw this knife at the police-court which had been found in the pocket of this coat—I saw this, or one very much like it, in the prisoner's possession three or four days before the robbery—he came into the shop directly after dinner—he went to his bench with the knife and said, "This will make a good cutting-knife"—I said, "Let me look at it"—I looked at it and said, "This will not make a good cutting-knife, this handle will break in using it, and most likely you will meet with an acci-dent"—he went to the stone and broke off the burr as I supposed—he then put it into his pocket or somewhere—I did not see it afterwards—in this state it will be of no use to us in our business.
Cross-examined. Q. What are you? A. A cabinet-maker, in the employ of Mr. Forsey—I do not live in his house, but I remain there till
dark—I have been in his employ eight years—I have seen this coat, (look-ing at it,) worn by Mr. Forsey—I never saw the prisoner wear it—Mr. Forsey is taller and stouter than the prisoner—when I say I saw it on Mr. Forsey I mean if it is his coat—I cannot swear to the coat or the buttons—he had such a coat—all that I suppose it to be Mr. Fortey's by, is by the paint on the arm—I cannot say whether it had a velvet collar—I believe these buttons are steel—I do not know anything of these Blucher boots—Mr. Forsey is the largest fancy cabinet-maker that I am aware of—I can-not tell how many persons are in his employ—I and the prisoner anil two apprentices work in his shop—all the others work out of doors.
JOHN ANDREW FORSEY I am a cabinet-maker, and carry on business in Hackney-road—my house was robbed on the 7th of July, and amongst other things I lost this coat and this union breast-pin—the prisoner had been my apprentice, and then became my journeyman.
Cross-examined. Q. Your house was broken into on the 7th of July? A. Yes, I retired to bed about half-past one o'clock—at a quarter to six, or six o'clock the next morning I was in bed and the prisoner came to me and said, "Do you know that the street door and parlour doors are open?"—that was the first intimation I had of the robbery—I went down—I missed a new hat and stock that this pin was in, eighteen dozen of plates and rings, four glass knife-rests, a pair of vases, and other things—I valued them at 4l. 10s.—I did not know where the prisoner lived till then—he was my journeyman—he was not at work with me on the 9th of July—I have not the slightest doubt that this is my coat—I had it made about four years ago—I am somewhat stouter than I was then, but I will put it on (doing so.)
MR. SIMON. On the day that your robbery was discovered, the prisoner left work at three o'clock in the afternoon, and did not return? A. Yes.
Witnesses for the Defence.
ELLEN DAWSON . I live at No. 12, Felton-street, Kingsland-road—my husband is employed at the London Docks—the prisoner and his wife lodged at my house—they were there on Sunday, the 6th of July—I was in their company that evening till between nine and ten o'clock—they sleep in the next room to me—their room is the back room—I sleep in the front—I am landlady of the house—I locked up the house that night when I went to bed, which must have been twelve o'clock—I am on my oath that the prisoner did not go out between half-past nine and twelve o'clock—I saw him and his wife go up stairs, and wished them good night—I remained down stairs, and from the position I was in, if the prisoner had left the house I must have seen him—there is no way out but along the passage and out at the street door—I was in the kitchen, which is built at the back of the house, and the passage goes from the kitchen to the street door—when I went to bed I bolted the street door and locked it, and left the key in the lock—before the prisoner went to bed he wished me to call him in the morning, as he wanted to go to work at an early hour, and he was called °y my husband at five o'clock—my husband had been with me in the kitchen on the Sunday night, and had been at home the whole day—he opened the street door the next morning before I went down—I heard that the prisoner and his wife went into their own room when they went up stairs on the Sunday night—I did not see them again that night, nor I did not hear them—after I went up to bed all was quiet—if any one had
gone out between half-past nine and twelve o'clock they could not have come in again without my knowing it—the street door goes very hard—we are obliged to pull it to very hard before the lock will go in—we do not allow any key to the lodgers—the door has dropped from the hinges, and goes very hard—if any body had gone out or come in I must have heard it—the reason the prisoner gave why he wished to be called early, was that he wanted to go on the Monday evening to a supper at the school he was brought up in.
MR. SIMON. Q. What enables you to think of the 6th of July? A. That was the Sunday previous to the Monday morning—the circumstance brought the day of the month to my recollection—I know it was the 6th of July—I make a memorandum of every day in the year as it passes—I do not put down every day—I was first applied to to give evidence after the prisoner had been taken—the party who came to ask me to give evidence, told me I was wanted to speak to the 6th of July, to prove the circumstance that was the Sunday evening previous to the Monday morn-ing—I know the days of the month by paying my rent every Monday morning, and sometimes on Saturday—Saturday was the 5th, and Monday was the 7th—the prisoner and his wife come down to my room, and I go up to theirs.
COURT. Q. Who came to you to give evidence? A. The prisoner's friends—one of his sister's, Mrs. Kirkham, I believe, is her name—they wished me to come forward and say nothing but the truth—Mrs. Kirkham came to me the morning the prisoner was taken, and I was to meet them the next morning at the police-court, Worship-street—Mr. Samuels lives a mile from my house.
JOHN ROWLEY DAWSON . I am the husband of Ellen Dawson—we live at No. 12, Belton-street, Kingsland—the prisoner lodged at my house. I remember Sunday evening, the 6th of July—I was at home that evening—I cannot say whether the prisoner took tea with us—I believe he and his wife were in our apartment during part of that evening—I was in the kitchen with my wife during part of that evening—it is my usual plan to lock the street door, and I locked it that night—after locking the door, I perhaps might go into the kitchen, and then I retired to rest—if I were in the kitchen, I could see whether any person went out—I can see from the kitchen to the street—I believe the prisoner went to bed about ten—he was in bed, or I should not have fastened my door—I know he was in the house, and went up stairs—he went to bed about ten, I suppose—he said "I wish to go to my employ at six in the morning, perhaps you will call me early?" and I called him at five—I knocked at the side of the wains-cot—he answered me, but did not get up—he was knocked up again at half-past five by my wife—I unlocked the street door that morning—it was in the same state that I had left it in the night before—there is something the matter with the door, when it is pulled to it makes a great noise—no man can go out without my knowing it—if it had been opened at night I must have heard it—I am troubled with a cough, and cannot sleep—I will defy any man to go out of my house without my hearing it—the key hangs on a nail, and is put into the door at night.
COURT. Q. Were you up when he went out? A. I was—he went a few minutes before six—I went to work as usual, at ten minutes before seven—I have to sign my name twenty minutes before eight.
MR. SIMON. Q. When the prisoner was called at half-past five he got up and went out immediately? A. Not immediately—I am quite satisfied he did not leave my house till five or ten minutes before six.
ELLEN DAWSON re-examined. Q. Were you at home on the Monday afternoon? A. Yes, at home all day—the prisoner came home about a quarter past three o'clock in the afternoon—I said, "You have got home in good time?"—he said, "Yes, you know where I am going to snpper?"—I said, "Yes, I do"—that was all I said to him—he remained at home till ten minutes before five o'clock, by Haggerstone church—I looked at the clock for him—he left my house ten minutes before five, to go to this supper—I can take my oath he was in the house all that time—he usually comes home about eight in the evening, but I expected him home, as he was going to this supper, and I opened the door to him—it was that cir-cumstance that made me know the hour.
MR. SIMON. Q. What made you look at the time? A. It had not long gone three when he came—he generally came to dinner at twelve—he said he should be home about three that day.
COURT. Q. How came he to tell you this? A. He told me he was to go to this supper at five o'clock—I was not questioned about these matters in any Court, before I came here, only by the solicitor—the prisoner's wife did not tell me it would be very important to speak to the time between three and five, but when I knew I was to be called, I was obliged to be very particular about the time—when the prisoner went out he said, "I shall be at home a little after three," and when he came, I saw it was a little after three, and when he went out, it wanted a few minutes to five—my little boy who is about twelve years old, was at home, and saw the prisoner, but he is not here.
MARY ANN WATTS . I am nineteen years old—I live with my father and mother in Bethnal-green-road. I have been acquainted with the prisoner about two years—I remember seeing him on Monday, the 7th of July—I remember that it was on Monday, because I was going to take my work home, which I take home once a week—I saw him just by the Nag's Head, about ten minutes to five o'clock—I walked with him as far as the Jew's school, where he was going to dinner—he was dressed more than usual—I saw he went into the Jew's school, and my attention was called at that time to the hour—I knew what o'clock it was, because I looked at the church clock, which is right at the bottom of the school, and it was twenty minutes past five—I had walked with him about half a mile.
MR. SIMONS. Q. Are your father and mother intimate with the prisoner? A. Yes—he and his wife visit at our place sometimes—Mrs. Wolfe applied first to me to give evidence here—she told me it would be important to show what time it was—I know it was on the 7th of July, because he went to the dinner at the school—I had nothing to do with the dinner there.
----MYERS. I am master of the school for Promoting Christianity amongst the Jews. The prisoner was educated in that school, but not during my mastership—I was there on the 7th of July—there was no dinner nor supper, it was an anniversary meeting of the school—the prisoner was there—I cannot say when he got there, but the doors are open at five, and he was there between five and seven o'clock—my impression is that he was there about half-past five, but I cannot swear to the time—he
went away about half-past or ten o'clock—he received a reward for good conduct in the school to the amount of 4l. 10s.
NOT GUILTY .
1694. FREDERICK WOLFE was again indicted for burglariously breaking and entering the dwelling-house of John Andrew Forsey, about the hour of four o'clock in the night, on the 7th of July, and stealing 1 hat, value 19s.; 1 breast-pin, 14s.; 120 yards of ribbon, 14s.; 1 coat, 10s.; 1 pair of snuffers, 6s.; 1 stock, 4s.; 4 knife-rests, 2s.; 2 vases, 5s.; 1 castor top, 2s.; 420 metal plates, 5s.; 100 metal rings, 2s.; 100 pearl rings, 4s.; and 4 ozs. weight of tea, 1s.; the goods of John Andrew Forsey.
NOT GUILTY .
JOHN ANDREW FORSEY . I am a cabinet-maker, and live in Hackney-road. I missed a rule eight or nine months ago—I missed it on several occasions, and spoke to the prisoner about it—he said he had taken it home—I said he had no business to do so—he said he would bring it back—he brought it back, and in two or three weeks I missed it again—I then spoke to him—he said he took it in his pocket, and lost it—I scolded him, and he said if he bought me another should I be satisfied—I said "Yes," but I did not expect he would.
Cross-examined by MR. BALLANTINE. Q. Did he borrow some money of you? A. Yes, on several occasions—he got a reward of 4l. 10s. from the school, and he paid me two sovereigns, but he owed me 3l. 18s. 4d.—this is my rule—there is a mark on it, the name of "Brown," and a stain.
COURT. Q. Did you agree to be paid for the rule? A. No—he told me he would pay me for it—I said I supposed he would not, it would be like other money he owed me.
NOT GUILTY .
WILLIAM LAMBERT . I am a chemist, and live in Jermyn-street. The prisoner was in my employ—I am in the habit of paying my tradespeople every morning—on the 28th of June I gave the prisoner 1s. to pay Mr. Paxton for butter—he came back, and gave me an account on a paper that he had paid it.
Cross-examined by MR. PRENDERGAST. Q. He gave you a paper stat-ing what he had done with it? A. Yes—the paper was destroyed—I did not make any entry in any book—it being a daily transaction, I kept no account of it—I think he was taken up on the 29th of July—he had been in my service all that time—I think I might know of this 1s. probably a week or ten days before I gave him into custody—I did not agree to receive it back—he had been with me about two months.
JOHN MOODY . I am servant to Mr. Paxton. On the 28th of June I was at home, and it was my duty to receive money that day—there was no one else there to receive money—I am sure I did not receive 1s. of the prisoner.
Cross-examined. Q. Did you send in a bill to the prosecutor? A. Yes—it was for four weeks as near as I can tell—our lad took it—I saw Mr. Lambert have the abstract of the bill after it was delivered—that is the amount of each week—I heard him say that the prisoner had paid 6s. off the bill, and he showed me the account and the amount—the bill was from 15s. to 16s.—I think the 5th of July was the last week that was down on the bill, and the 28th of June was the last but one—it was since the prisoner has been in custody that Mr. Lambert showed me the abstract of the bill, and said the prisoner had paid 6s.
WILLIAM LAMBERT re-examined. I beg to state I have never had any conversation with Moody at all—he has never seen the bill, nor the abstract of it—I paid Mr. Paxton 15s. 11d. myself—the prisoner took the bill up when it came, and placed it in his side pocket—I said, "What is that?"—he said, "It is something for me"—I sent my servant to Paxton's to know if there was anything due, and my servant returned, and said there was 15s. 11d.
Cross-examined. Q. Do you say that this witness has stated a parcel of falsehoods? A. I say there is a misconstruction—he misunderstood you in toto—the prisoner had 6s. a week and his breakfast and tea, which I calculated made 9s.
(The prisoner received a good character.)
GUILTY . Aged 15.—Recommended to mercy by the Prosecutor. Confined Three Months.
MR. CLARKSON conducted the Prosecution.
JOHN BELL . I am a clerk in the office of Mr. Patrick Johnson, No. 20, Basinghall-street—he is official assignee of bankrupts estates—he was assignee to Duncan Brothers, and was in possession of a patent-gun belonging to that estate—it was kept in a room that the accountants had no access to—it was for the purpose of keeping bankrupts papers and boxes in—it was on the second floor, on the right, at the back of the premises—the prisoner Glynn was clerk there—I do not know Castleman—I did not miss the gun till the porter informed me of it, and the porter was turned away on suspicion—I afterwards spoke to Glynn about it—I told him there was another robbery committed in the office, and that the gun was gone, and it was sure to be found out, because there was no other gun in London like it—he blushed, but said nothing—the clerks could get access to the room where the gun was, but the accountants could not.
Cross-examined by MR. DOANE. Q. You mentioned the loss of the gun to all the clerks? A. Yes—it was a matter of notoriety—Mr. Johnson occupies that house as a place of business.
HENRY HILLIER . I am assistant to Mr. Grant, a pawnbroker, in Lon-don-wall. I produce a patent-gun—I should think it is not very valuable—it was pawned by Castleman on the 27th of Nov., 1844, for 30s., in the
name of Henry Mason—Castleman has been in the habit of pawning in that name.
GEORGE WARDLE (City police-constable, No. 25.) I apprehended Castle-man on the 2nd of Aug., at the end of Aldermanbury—I told him he was charged with pawning this gun—he said he had pawned it at Mr. Grant's, about six months ago.
Cross-examined by MR. BALLANTINE. Q. Did he say for whom? A. Yes, for Glynn—I do not recollect that he said that he had known Glynn in much better circumstances, and supposed it might be his property.
GEORGE TREW (City police-constable, No. 26.) I took Glynn into custody—I told him he was charged on suspicion of stealing a gun from hit master, Mr. Johnson, and other articles—I asked him what he had to say to the charge—he said, "Nothing."
JAMES THORNE . I am one of the clerks at Mr. Johnson's. I have seen Castleman frequently at the office, talking to Glynn, but I do not recollect the month—I cannot undertake to say I had seen him there before No-vember.
Cross-examined by MR. WILDE. Q. Was it not the duty of Castleman to be there for the purpose of making up accounts? A. Yes—he was an accountant, and made up balance-sheets.
NOT GUILTY .
MR. CLARKSON. conducted the Prosecution.
JOHN BELL . I am one of the clerks in the employ of Mr. Patrick Johnson, No. 20, Basinghall-street, in the parish of St. Michael, Bassishaw—his dwelling-house is under the same roof—he does not dwell there himself, but his servants do—Glynn was one of his clerks, at a salary of 1l. a week—this copperplate belonged to a bankrupt of the name of Bray—it was kept in the front office where I sit—it was in a box or a case—Glynn was engaged in the back room on the same floor, in the front of which this plate was, and he would have access to it—I missed the plate I think about June—I mentioned the loss of it to Glynn, and asked him if he had removed it—he said no—I described it to him, that it was in a case—he said he had never seen it, and he did not know such a thing was in the house.
Cross-examined by MR. DOANE. Q. Did you tell him it was a copperplate? A. Yes—we had no other copper-plate on the premises—I told him the drawing from which it was taken was in the upper room, and be must have known it—I think I had this conversation with Glynn on the 26th of June—I think it was on that day that inquiries were made about the plate, and then I missed it—I had been absent for several days.
JAMES HITCHCOCK . I am in the service of Mr. Vaughan, a pawnbroker, in the Strand—I produce this copperplate—I took it in on the 2nd of June, and advanced 12s. on it—Castleman is much like the person who pawned it—I treated it as old copper—I know nothing about its
value as an engraving—it was pawned in the name of "John Lacey, No. 7, Lloyd-square"—I said, "Is this your property?" and to the best of my belief he said yes.
GEORGE TREW (City police-constable, No. 26.) I apprehended Glynn on the 2nd of July—I told him he was charged on suspicion of stealing a copper plate and other articles—I said, "Have you anything to say to the charge?"—he said, "I have nothing to say"—on the day of the examina-tion, before it began, I was sitting with the two prisoners—I heard Castle-man say that he had pawned it—I asked him whether it was in a frame—he said, "No," and then Glynn said, "No, it was not in a frame."
JOHN NOSWORTHY . I have seen this plate before—it is unfinished, and is a very valuable thing—Glynn used to sit in the back room, and in the front room on the same floor this plate was kept—I have frequently seen Castleman in Glynn's room, talking to him, for twelve months or more before June.
GLYNN— GUILTY . Aged 32.— Confined Six Months.
CASTLEMAN— GUILTY . Aged 82.— Confined Nine Months.
(There were two other indictments against the prisoners.)
JOHN ELDRIDGE . On the 10th of July I met the prisoner—I did not know him before, but he asked me for a cup of tea, and I took him home to give him one—he sat down on one chair, and I on the other—he then said, "I shall kill you"—he was fresh with liquor—I said, "If you talk like that you had better go out"—he then jumped up, pulled a pair of scissors out of his waistcoat pocket, and ran them into my tide, but not very deep—the blood came—the doctor attended me ten days—the policeman took the prisoner in my house.
Cross-examined by MR. O'BRIEN. Q. Did you keep knocking the prisoner down? A. I knocked the scissors out of his hand—he was trying to get them, and I knocked him down five or six times—Mary Palmer put herself on him to prevent my striking him—I first met with him at the Feathers, at Brentford—we had two pints to drink—he paid for one, and I for the other—he then said be should like a cup of tea, and 1 took him home.
MARY PALMER . I am the wife of Benjamin Palmer. I was there when the prosecutor brought the prisoner in to have tea—Leary began the quarrel, and Eldridge told him he had better go out—I turned towards a cupboard, and I heard Eldridge say, "If you mean that, I will give you something"—I then turned, and they were fighting—that was after the blow was struck—I saw some blood come from Eldridge, but not a great deal.
Cross-examined. Q. You had seen no blow before you heard this expression from Eldridge? A. No—they then commenced fighting, and the prisoner got the worst of it—it was after that I saw the blood—I threw myself on Leary when he was down, to save him—he was severely beaten—the wound was on Eldridge's right side.
GEORGE WOOD . (police-constable T 206.) I took the prisoner—I produce these scissors—they are very sharp at the point—I saw the prosecutor wounded, and took him to the surgeon—the wound was a severe one, on the right side—he was ill ten days.
Cross-examined. Q. Was there any blood on the scissors? A. No—I found the prisoner lying in one corner of the room, and his face nearly covered with blood—he was severely beaten.
(The prisoner received a good character.)
GUILTY . Aged 44.— Confined Nine Months.
CATHERINE MORGAN . I live in Cooper's-row, Wapping. On the 7th of July I went to a public-house in Butler's-buildings, with another woman to have a pint of half-and-half—the prisoner came in and called for some beer—she began to talk—I turned a bit, and she said, "It is you, you old faggot that I am talking to"—I said, "Mrs. Wall, I am not speaking to you," and with that she threw what beer she had in the jug in my face—I stooped to lift my apron to wipe the beer out of my eyes, and she struck me with the earthen jug, and cut my head open—I was taken to the hospital in a cab, and was there till my head was shaved and dressed.
Cross-examined by MR. DOANE. Q. Was there anybody else there? A. Yes, two more young women, who are here—I had known the prisoner about three years—she lived in the neighbourhood, but she had moved and gone to the Green-yard—I was not drinking with her, I was drinking with Jane Church—I said nothing at all to the prisoner—it was no quarrel.
Cross-examined. Q. What are you? A. My husband is a labourer at the docks—I went there with Morgan—we had been washing all day—there were no words passed between the prisoner and her—I had seen the prisoner about—I do not think she was very sober—I was sober, and so was Mrs. Morgan—Wall said to Mrs. Morgan, "It is you, you old faggot, I am speaking to."
ISABELLA HORTON . I was in the public-house. Wall came in for beer, and there were some hints thrown out about Mrs. Morgan's family—she made answer she could not help her family—the prisoner threw the beer in her face, and struck her on the head.
Cross-examined. Q. What did she call Mrs. Morgan's family? A. Whores and thieves—she said that aloud, that everybody could bear it—Mrs. Morgan's son answered that he worked hard for his living, and Wall said he was not above three months out of prison—Mrs. Morgan said ft was not her fault if her family were unfortunate—I heard nothing about faggot—I had seen Wall once or twice.
MR. DOANE called
COURT. Q. Were you obliged to take Morgan to the hospital? A. Yes—she was all over blood.
bad language between the prosecutrix and the prisoner, and then the prosecutrix struck the prisoner on some part of her cheek—I then saw the prisoner throw the beer at the prosecutrix—there was a young man with the prosecutrix—he struck the prisoner in the mouth, and caused her month to bleed—the prisoner then went to throw the jug at the young man—he went on one side—the jug missed him, and struck the prosecutrix.
ROBERY AIRY . I am barman at the Crown. The first that I saw was the son struck Wall—my opinion was that Wall, striking at the son, hit the woman—I do not think she did it intentionally—I did not see the blow with the jug—I saw the beer go.
GUILTY of an Assault. Aged 41.— Confined Two Months.
1701. THOMAS ROACH was indicted for feloniously cutting and wounding Thomas Bristow on the head, on the 11th of Aug., with intent to resist the lawful detainer of a certain person unknown:—2ND COUNT, to do him some grievous bodily harm.
THOMAS BRISTOW . I am an officer—I was on duty at Kensington between twelve and one o'clock in the morning of the 11th of Aug.—there was a mob, and I attempted to take a party into custody—the prisoner walked across the road, put his hand into his right hand pocket, drew out something which I thought was a stone, and knocked me down—I was senseless and my head was bleeding—I am certain the prisoner is the man that did it—I had not spoken to him at all—I was carried to the toll-house, and I suppose I was there an hour and a half—the surgeon who dressed the wound has left his master, and is not here—I am not well yet.
Cross-examined by MR. PRENDERGAST. Q. How long bad you been standing at the place? A. Not long—I saw the prisoner coming across the road—I did not see any person but him—there was a regular mob round, but they were at some distance—there was nobody within two or three yards of me—I had a man in custody—there were a number of Irishmen there—I suppose there were about fifty persons—I was knocked down—the blow was given on my temple, and cut through my hat—I feel pains in my head now—I have not done duty since—I have been confined to my bed—I got out of bed last Saturday—the prisoner took the stone out of his right-hand jacket pocket, and threw it at me.
EDWARD REYNOLDS (police-constable T 118.) I was present, and saw the prisoner take a stone from his right-hand jacket pocket, and throw it at Bristow'a head—he fell immediately, and the prisoner he bad, got away.
Cross-examined. Q. How many Irishmen were there? A. I suppose forty or fifty—it was between twelve and one o'clock at night.
Cross-examined. Q. What countrywoman are you? A. Wiltshire—a friend came to see me, and I went part of the way from Chelsea to Kensington to see her home—I set off from the laundry at Chelsea, where I Hve, at half-past eleven o'clock at night—I got back about two in the morning—I was by myself when I saw this.
Witnesses for the Defence.
were coming home one person was taken into custody—I saw the policeman struck—I did not see whether it was by a stick or a stone—it was not my brother who struck him—it was a man named Fitz, who had been at the meeting—he jumped over the fence into Hyde Park, and got away.
CATHERINE COLLINS . I was of the party that night. I had come from the meeting—the prisoner was one of the party—I saw the policeman struck by a man whose name I do not know, but it was not the prisoner, because he was with me at the time—the constable came and collared a person—the man who struck him came up and said, "Let him go, the man is gone"—then the man took a stone and struck the constable, and Roach went away.
JOHN BROWN . I was present when this blow was struck—it was by a man of the name of Charles—it was not the prisoner—he was standing over the way, talking to two women—the man who struck the blow crossed the fence into Hyde Park.
----CORPORAL. I was present when the policeman got hit—it was not by the prisoner—it was a man named Fitz—I think he had been at the meeting.
GUILTY . Aged 23.— Confined One Year.
GEORGE WILSHER . I am a confectioner, and live in Oxford-street. The prisoner was my porter—I sent him, about the 10th of June, to a cheesemonger to buy 1s. worth of eggs—I gave him 1s., which he ought to have paid for them—he brought the eggs.
Cross-examined by MR. PAYNE. Q. What wages did he have? A. Six shillings a week, board and lodging—he never went without his wages, except the last week, and then he never asked for them—I paid him on Sundays—he never asked me for money on a Saturday, but once he asked for 2s. to pay his washing.
Cross-examined. Q. Are you servant to Sophia Croton? A. Yes—she is not here—I served the prisoner—he said, "Put them down to Mr. Wilsher"—it was in the morning between nine and ten o'clock, to the best of my knowledge.
(The prisoner received a good character.)
GUILTY . Aged 22.—Recommended to mercy.— Confined Two Months.
ANN BYFORD . I am the wife of George Byford, of Church-street, Bethnal-green. On Friday, the 8th of Aug., at a quarter past twelve o'clock in the forenoon, I was standing in my parlour, near my shop—I saw the prisoner near my counter, with the bowl in his hand—I went to the till, found it open, and the bowl gone, which had been in it, and contained 8l. in crowns, half-crowns, shillings, and sixpences—the prisoner went off—I went to the butcher and told him of it—he ran off, and
I after him—the prisoner was not caught that day—he was taken on the Monday—I have not the least doubt of him.
JOHN WRAGG . I am a butcher, and live in Church-street, Bethnal-green. About twelve o'clock on that Friday, Mrs. Byford came to me—I did not see the prisoner—two men came to me afterwards, and brought this coat, hat, and handkerchief.
HENRY CHARLES BARKER (policeman.) I was on duty that morning, and saw the prisoner about thirty yards from the prosecutor's—he had a hat on, and dark clothes—I took him on the Monday night in Old Nicol-street.
Witnesses for the Defence.
ROBERT DANIEL SILWAR . I am a friend of the prisoner's. About half-past eleven o'clock that morning I was in Tyson-street, going into Brick-lane—I am in the habit of jobbing about, and had got my little girl with me—I was standing at the corner, and heard there was a robbery—I went to see the young man come out of the cellar—he was not the prisoner—he was a tall thin young man, in a light pair of blue trowsers, all broken up—he came by, and his left shoulder touched Mrs. Byford's arm—he said, "What is it, mate?"—Mrs. Byford said, "I have lost 9l. or 10l."
----RENNICK. I live at No. 8, Spicer-court—the prisoner lodges there with his mother and his sister, who is fourteen years old—I saw the prisoner at ten o'clock that morning, lying across the foot of the bed—he complained of illness—I suppose he laid there an hour or an hour and a half—I was in the same room, and he did not go out of the house—I was at home till five in the evening, and was with him in the same room—I cannot tell when he got the better of his headache, but he did not lie there till twelve—when he got up he did not do anything particular, but sat by the fire—his mother was making trowsers, and I was doing the same—we and the prisoner dined about twelve—we had bacon and potatoes—we had water to drink—his sister came home to dinner at twelve, and she saw him there—she went away from half-past twelve to one—an old gentle-man, named Woolman, came in about three, and stopped till five—he was doing nothing particular, only talking—he came as a friend to see Mrs. Binning—he had nothing to drink, only tea about four—the prisoner had tea.
THEODOSIA BINNINGS . I am the prisoner's mother—he was at home that day from ten o'clock till five—he was ill—he had a headache, and was in bed the whole day—he had his clothes off—he got up at five in the evening—I dined about twelve o'clock, he was still in bed—I think we had bacon and potatoes for dinner—I was at work making trowsers—we had nothing to drink for dinner but water—my eldest little girl was seventeen years old last March—the next will be eleven in Nov.—she has got a weekly place, but she came home that day to dinner at her usual hour—she saw the prisoner—he was in bed, but he had his dinner—I am sure he did not get up to dinner—Woolman very often comes to see me—he came that day about tea-time—he was in liquor—my son and he went away together.
NOT GUILTY .
DANIEL DUNHAM . I live in Gough-street, Gray's-inn-road. The prisoner carried out milk for me—if Mrs. Biddle paid her these two 3s. 6d. she has not paid them to me—it was her duty to have done so the day she received it.
Prisoner. I lost the money.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Two Months.
NEW COURT.—Saturday, August 23, 1845.
Sixth Jury, before Mr. Common Sergeant.
1705. WILLIAM ALDRIDGE was indicted for stealing 11 pelisses, value 13l. 8s.; 4 shawls, 2l. 10s.; 12 night-gowns, 1l. 19s.; 14 habit-shirts, 3l.; 40 pair of socks, 1l.; 40 pinafores, 3l.; 6 printed books, 1l.; 23 caps, 4l. 18s.; 3 spencers, 1l. 13s.; 12 frocks, 9l.; 23 petticoats, 4l. 3s.; 6 capes, 2l. 8s.; 17 pair of shoes, 3l. 14s.; 5 pairs of boots, 2l. 10s.; 20 shirts, 2l. 19s.; 8 gowns, 4s. 10s.; 35 handkerchiefs, 2l. 14s.; 9 pair of stockings, 2l. 6s.; 6 shifts, 1l.; 27 aprons, 1l. 7s.: 1 bedstead, 6l.; 1 bed, 30s.; 4 blankets, 2l.; 4 sheets, 15s.; 3 chairs, 1l. 10s.; 3 bonnets, 5l. 10s.; 2 head dresses, 2l. 2s.; 12 toys, 1l.; 7 yards of Holland, 5s.; 5 pairs of stays, 8s.; 12 pairs of drawers, 3l.; 2 pillow-cases, 2s.; 8 packing-cases, 30s.; 1 quilt, 1l.; 2 combs, 3s.; 2 brushes, 4s.; 1 pillow, 3s.; 2 pair of sleeves, 5s.; 1 pair of cuffs, 1s.; 2 collars, 5s.; 1 veil, 5s.; 3 yards of ribbon, 1s.; 40 yards of other ribbon, 30s.; 37 napkins, 2l. 10s.; 2 dressing-gowns, 1l.: 2 bottles of scent, 1s.; 20 sheets of music, 1l. 10s.; 1 music book, 10s.; 2 pairs of gloves, 5s.; 1 scarf, 10s.; 2 tooth brushes, 6d.; 2 coats, 6l. 10s.; 6 pairs of trowsers, 9l.; 1 hat, 18s.; 3 bottles, 1s.; 6 jars, 12s.; 1 portmanteau, 6s.; and 1 tin bath, 15s.; the goods of James Boulcott; to which he pleaded
GUILTY . Aged 35.— Transported for Seven Years.
1706. GEORGE MARTIN was indicted for burglariously breaking, and entering the dwelling-house of William Merriott, about two in the night of the 4th of Aug., with intent to steal, and stealing therein, 1 hat, value 4s.; and 1 jacket, 8s.; the goods of George Creed: and 1 coat, 3s.; 1 jacket, 3s.; 1 waistcoat, 2s.; and 1 pair of trowsers, 4s.; the goods of Henry Coffin: to which he pleaded
GUILTY . Aged 18.— Confined One Year.
1707. WILLIAM STEVENS was indicted for burglariously breaking and entering the dwelling-house of Robert Toms, about one in the night of the 1st of Aug., with intent to steal, and stealing therein, 1 coat, value 10s.; 1 neckerchief, 3s.; 1 handkerchief, 6d.; and 1 key, 1s.; the goods of Reuben Toms: and 1 coat, 5s.; 1 waistcoat, 2s.; 1 pair oftrowsers, 10s.; 1 pair of boots, 5s.; 1 shirt, 1s. 6d.; 1 knife, 6d.; and 1 comb, 3d.; the goods of John Smith: to which he pleaded
GUILTY . Aged 19.— Confined One Year.
1708. FRANCIS HATCH was indicted for burglariously breaking and entering the dwelling-house of Edward Medley, about five in the night of the 20th of Aug., at St. Luke, with intent to steal, and steal-ing therein, 6 pence, 5 halfpence, and 39 farthings, the monies of the said Edward Medley; to which he pleaded
GUILTY . Aged 12.— Confined Six Months.
1709. ALFRED LACEY was indicted for stealing, on the 30th of July, 1 pair of boots, value 4s.; 2 pairs of shoes, 10s. 6d.: also, on the 7th of Aug., 1 opera-glass, 1s., 6d.; the goods of Samuel Weller, his master: to both of which he pleaded
GUILTY . Aged 19.— Confined Three Montis.
GUILTY .** Aged 13.— Confined Nine Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY .— Confined Three Months.
GUILTY .— Confined Three Months.
ROBERT WILSON . I am a surgeon, and live in Ratcliff-highway. The prisoner was in my service—it was his business to take money for anything that he sold—I charged him with having sold a truss for 6s. 6d. on the 30th of July, and not giving me the money—he said he had sold the truss, but it was his own property, and he offered to give up the 6s. 6d.—I do not know of any trusses that he had.
Cross-examined by MR. BALLANTINE. Q. Do you know how many trusses you had of your own? A. No—when this truss was produced to me I was unable to swear to it—the prisoner offered to pay the 6s. 6d. for this truss—he did not say, "I will pay 6s. 6d. sooner than have a piece-of-work about it, but I will not pay and admit that it was stolen"—I had some conversation with his father—he did not say that his son would never admit that he had improperly kept the money—I then called in the policeman, and gave the prisoner into custody—I think it was on Thursday I found out that he had sold the truss—I wrote to his father on the Tuesday—he called, and told me my conduct was contemptible—I then called in the policeman, and gave the prisoner into custody—he was the only person in my establishment who sold such things as these—there
was a boy, who sold pennyworths—the boy did not mix up prescriptions and drugs whilst I had an assistant—if he has the assistant instructed him—I am not prepared to swear that he has not mixed up drugs by my authority—I am the medical attendant to the Union.
MARY BUTTRESS . I live at No. 30, Richard-street, Commercial-road. I went to the prosecutor's shop on the 30th of July with my husband—I paid for the truss to the young man who was in the shop—I cannot swear to him—the truss was taken from out of the window.
Cross-examined. Q. Did you see that it was apart from some other trusses that were there? A. There were trusses in the window—this one was rolled up—I did not take notice that it was apart from others—my husband had tried on several trusses, which turned out not to do—the young man said, "I have got one of my own which I think will suit him;" after trying several he got another out of the window.
MR. BALLANTINE called
----LAW. I am the prisoner's father—I know he had trusses of this description—he made a purchase of some—I have some of them at my own house now.
1715. MARTHA CARTER was indicted for feloniously uttering a forged acquittance and receipt for 3l. 3s. 5d., and a like forged acquittance and receipt for 18l. 18s.; well knowing them to have been forged; with intent to defraud Neil Benjamin Edmonstone; to both which he pleaded
GUILTY .—Recommended to mercy.— Confined Two Years
1716. MARY MURPHY was indicted for stealing 4 knives, value 1s.; 4 forks, 1s.; 4 towels, 2s.; 2 napkins, 1s.; 2 spoons, 1s. 6d.; 1 salt-cellar, 6d.; and 6 plates, 6d.; the goods of Alexander Robertson, her master; to which she pleaded
GUILTY . Aged 22.— Confined Three Months.
1717. ANN GARDENER and ISABELLA SPICER were indicted for feloniously and maliciously leading and taking away a certain child, aged three years, named Richard Bond Ford, the son of James Arbeisond Ford and Sarah Ford, with intent to steal from his person 1 pinafore, value 2d.; 1 frock, 6d.; and 1 coat, 1s., their property.
SARAH FORD . I am the wife of James Arbeisond Ford. I have a little boy named Richard Bond Ford—he is three years and three months old—on the 2nd of Aug. he was dressed, and went just to the door of our house, No. 2, Milford-lane, about a quarter past six o'clock in the evening—he was brought home to me about nine o'clock that evening naked, wrapped up in Mr. Barry's coat—I did not see either of the prisoners that day—on the 4th of Aug. my little boy pointed Gardener out to me—this is his frock and pinafore and little coat—they had been sold.
BENJAMIN BARRY . I live at No. 44, Wellington-street—I found the little boy at the bottom of the dark arches leading to the Adelphi—he had his shirt on, and his shoes and stockings—all his other things were gone—I took him in my coat about the neighbourhood, and then took him to the station—the child's father came there.
MARIA ROGERS . About eight o'clock that evening the two prisoners came to me—they offered these things for sale, and asked me 4d. for them—I gave it them—I asked them who sent them, and they said their
mother—I asked where they lived, and they said at No. 21, Clement's-lane, but it was a false address.
(Ann Gardener and—Spicer, the prisoners' mothers, and Jenny Jones, gave the prisoners good characters.)
GARDENER— GUILTY . Aged 11.
SPICER— GUILTY . Aged 12.
HULL† pleaded GUILTY . Aged 19.— Transported for Seven Years.
GEORGE SAUNDERS . I found Hull carrying this copper, about half-past three o'clock that afternoon, and Withers was with him—I took the copper back—the prisoners were given into custody—Withers said if I swore to him I should hear of it afterwards.
Withers. I said if he swore to me he would take a felse oath.
JOSEPH LEAMAN . I was with Saunders—Hull was carrying the cop-per, and there was another with him, but I cannot swear that it was Withers—I took the copper from Hull—Withers was taken in about half an hour afterwards.
Withers. I was going to work, and in coming from Finchley the policeman took me, and said it was for stealing a copper; I said I knew nothing about it.
JOB UNDERWOOD (police-constable S 67.) I took Withers—I said he was wanted—he said, "What for? I know nothing about the copper; I never touched it"—Saunders saw him in the station, and said he was the person—Withers said, "I know nothing about it; if you swear to me you will hear of it afterwards."
WITHERS— NOT GUILTY
WILLIAM CHILD . I am beadle of Trinity-square. On the afternoon of the 13th of July I was on duty on Tower-wharf, and saw the prisoner walking behind the persons who were looking at the rowing-match—I saw the prisoner and another go to a lady—the other took a purse from her pocket and gave it to the prisoner—I went after them and took the prisoner—the other got away—the prisoner got the purse from his pocket and shoved it into the river—I found the young lady, but she would not appear, nor give her name.
Prisoner. Q. Was I not standing in front of the lady? A. No, you were walking away, and when I took you you took your hand out of your pocket with the purse in it, and got it into the river.
NOT GUILTY .
1720. WILLIAM SUGGELL was indicted for stealing 1 pewter-pot, value 1s. 6d., the goods of Edward Minton; 1 pewter-pot, 1s. 2d., the goods of William Walter Wade; and 1 pewter-pot, 1s., the goods of Thomas Whatman; and WILLIAM WARNE for feloniously receiving the same, well knowing them to have been stolen.
WILLIAM THOMPSON (police-sergeant D 4.) I found these pots inside Warne's fire-place at his house, No. 50, Devonshire-street, Lisson-grove, I had seen Suggell go to the house with something bulky about him—I followed him, and saw him hand this bent pot from his hat to Warne—there was a frying-pan on the fire, and a small pot—I found two more pots in the cupboard, with the names erased—Suggell might have handed more pots to Warne before I got to them, for I fell down in going down the stairs, and was sometime before I got to them.
SUGGELL— GUILTY .** Aged 42.
WARNE— GUILTY .** Aged 32.
Confined Eighteen Months.
MARY WHITE . I am the wife of John White, No. 3, Clarence-passage, St. Pancras. The prisoner called on the 18th of Aug., about twenty minutes before twelve o'clock, and staid till half-past one o'clock—after she was gone I missed my husband's watch—I went to her mother's dwelling and said to the prisoner, "You have taken my husband's watch; if you will give it up I will say nothing further about it"—this is the watch, seal, key, and chain.
Prisoner. I went to her place; I had spent my mother's money; I was quite tipsy with White, and I had pawned a scarf of my mother's.
MARY WHITE re-examined. I went to the Clarence for some beer, and the prisoner was there drinking rum—she asked me to have some, and then a young man who keeps company with her, brought her to my house.
GUILTY — Confined One year
1722. SARAH MARLBOROUGH and THOMAS MARLBOROUGH were indicted for stealing 2 table-cloths, value 10s.; 2 shifts, 6s.; 1 pet-ticoat, 1s.; 1 dressing-gown, 3s.; 1 sheet, 6s.; 2 shirts, 10s.; 1 table-cover, 5s.; 1 pinafore, 6d.; 1 ring, 1l.; 10 printed books, 4l. 15s.; and 1 spoon, 4s.; the goods of James Hart; and that Sarah Maryborough had been before convicted of felony.
JAMES HURT . I placed the two prisoners in a house of mine at Dalston, in Hackney parish, to take care of it—I missed something, and went to the house—I then missed some other things—I took an officer and went to the house where the prisoners were lodging, and there found a number of duplicates which led me to the pawnbroker's, where I found my property—some of these articles I can swear to, and the rest I believe are mine—I can swear to this ring and this book.
WILLIAM HODSON (police-constable N 194.) I took Thomas Marlbo-rough into custody—he took me to his lodging, and said he knew his wife had some duplicates—I found the duplicates of the articles produced at the lodging.
Cross-examined by MR. BALLANTINE. Q. I believe the woman said she pawned the things, and her husband knew nothing about it? A. Tea.
BENJAMIN LOVELL (police-sergeant R 15.) I produce a certificate of Sarah Marlborough's former conviction which I got at Mr. Clark's office—(read—Convicted on the 17th of June, 1839, and confined nine months)—the prisoner is the person.
SARAH MARLBOROUGH— GUILTY . Aged 27.— Transported for Seven Years.
THOMAS MARLBOROUGH— NOT GUILTY .
(There was another indictment against the prisoners.)
JOHN VALE . I live in Albany-place, Hornsey-road, and am a carpenter—the prisoner was in my service and at work with me—on the 19th of Aug. I missed a rule, at eight o'clock—it was afterwards found in some shavings about six yards from where I had left it—I cannot swear that the prisoner hid it in the shavings—this is my rule.
Prisoner. I did not take it with the intent of stealing it, but to put it on the bench.
JOHN DENNIS (police-constable N 281.) I found the rule hidden in some, rubbish in the next building—the prisoner said, "Come with me and I will show you where it is"—he took me there—I know this to be Mr. Coomb's writing to this deposition. Read—"The prisoner says, 'It is my first offence.'"
GUILTY . Aged 19.—Recommended to mercy by the Jury.— Confined Fourteen Days.
MR. PAYNE conducted the Prosecution.
THOMAS BROWN . I am parish-clerk of St. Albans, Abbey Church, in Hertfordshire—the prisoner and Ann Smith, who is now present, were married at that church on the 28th of Sept., 1839—I recollect them both perfectly.
Cross-examined by MR. HORRY. Q. How many persons have been married since then? A. I cannot say—we have very few marriages—I did not know the prisoner before the marriage—I did not see him again till I was at the police-office.
JAMES HAMS (police-constable K 21.) On the 14th of July the prisoner was given into my custody in the East India-road, in the parish of Poplar, by the son of his first wife—the prisoner said he was married to the lad's mother, and he was very sorry for it—I said the charge was that of bigamy—he said there was no foundation for the charge—I found this letter on him at the station—he said it was from a person he had lived with for four years, but she was not his wife—I went to Liverpool and examined the Register at St. Nicholas church—I produce a correct certi-ficate of marriage from the Register-book—(read)—"On the 6th of Sept., 1840, Ralph Chillingworth, of full age, widower, plasterer, and Ann Archi-bald, of full age, widow (father's name William Pickering, a shipwright,) were married in this church."
WILLIAM PICKERING . I am eighty-one years old—I live at Liverpool—I am the father of Ann Archibald—she was married to a person named Archibald—I saw the prisoner at Liverpool in 1840—he was acquainted with my son, and used to come to my house repeatedly—I saw him after he was supposed to have been to church, but I cannot say the time—I heard of his marrying my daughter, but I was not present—all I know is I took it for granted that he was married to her, and they lived together as man and wife—he called her his wife in my presence, and called me his father—I went and looked at the register in St. Nicholas church, Liverpool.
GUILTY .— Confined One Year.
RICHARD RUSSELL . I am an upholsterer, and live in Leicester-square—I have one partner. The prisoner was in our employ—we missed some things, and searched her boxes, and found the duplicates of six sheets, three blankets, and a shirt.
Prisoner's Defence. I was housekeeper to Mr. Russell. He allowed me 5s. at a time to lay out—it was not sufficient, and when I said so, he said I was always bothering him for money, which induced me to pawn the sheets—the money was laid out—I should have got them out.
GUILTY . Aged 25.—Recommended to mercy.— Confined Three Months.
1726. JAMES COLLIER and EDWARD COLLIER were indicted for stealing 2 metal taps, value 7s.; and 1 copper ball, 2s.; the goodt of William Oldaker, and fixed to a building.—2nd COUNT, not stating it to be fixed: and that James Collier had been before convicted of felony; to which
JAMES COLLIER pleaded GUILTY . Aged 23.— Confined One Year.
HENRY PADBURY (police-constable K 120.) On the 25th of July, at one o'clock in the morning, I saw the prisoners about my beat—I watched them for a considerable time, and they went off—it got day-light—I was lookincr over the wall of a new house in Frederick-place, Mile-end-road, at three in the morning, and saw that two brass taps and a copper ball were missin"—I went up stairs and concealed myself in the up-stairs room—I saw the prisoners come and fetch the taps from under some logs of wood—I then took them—they are the same men I saw about my beat.
SAMUEL BINTON (police-constable K 49.) I went to the house in Frederick-place—I went into the back room—the two prisoners came out of Grove-road, and walked where there were some old stumps of trees—James Collier took out these two taps, and put them into his side-pocket—Edward Collier was with him.
EDWARD COLLIER— GUILTY . Aged 25.— Confined Three Months.
JEREMIAH FRAMCIS HOLLAND . I am foreman to Mr. Robert Johnson and two others, at their white-lead works, at Limehouse—the prisoner wai their cook. On Saturday, the 16th of Aug., I missed four piece, of lead from a heap lying in the melting-house—I kept a watch, and on Monday the 18th, the prisoner came down at dinner-time into the kitchen of the house where I reside, which is not two minutes' walk from where the lead was—she had some chips or shavings in her apron—she saw me, and turnea back—as she turned the corner of the stairs 1 saw something bright in her lap—I followed her, and found this lead in her apron—I asked now sue came by it—she said she picked it up in the shavings—it is the same qua. lity as that in Mr. Johnson's premises, and I have no doubt it is the same that I missed.
Prisoner's Defence. I often used to take this lead, I was in the way of picking it up.
GUILTY . Aged 28.— Confined Three Months.
TIMOTHY DONOVEN . I am a policeman of the London Birming-ham Railway. I met the prisoner in the morning of the 7th of Aug—asked what he had got—he said, "A horse nosebag"—I said could see that, but what had he got in it—he said, "Nothing'—I took it off his shoulder, and found in the bag this box of cigars—I took him back to the
shed where he brought them from—the prosecutor's foreman was there and owned them—the prisoner said he picked them up near the stage.
Cross-examined by MR. HORRY. Q. He afterwards said he would tell the truth, and that a person gave them to him? A. Yes.
RICHARD DEADMAN . I am foreman to Richard Parker. He has goods sent to the railway station—I took them as they were taken off the wagon to the stage—I recollect taking this parcel of cigars off about twelve o'clock at night—the prisoner was brought with the cigars about four in the morn-ing—they ought to have been in the parcel in the truck in the shed—the prisoner was in Mr. Parker's service.
Cross-examined. Q. It had been removed from the cart, and put on a truck? Yes—the truck belonged to the railway company—a person named Strange was taken, and discharged.
TIMOTHY DONOVAN re-examined. Mr. Parker's cart brought them to the station—they are then loaded on the truck, and sent to the place they are directed to—the truck is the property of the railway company, but Mr. Parker is the carrier all the way to Birmingham.
GUILTY . Aged 21.— Confined Three Months.
MR. PRENDERGAST conducted the Prosecution.
BALTHAZARD POUISSIN I was in Lower Grosvenor-place about eleven o'clock at night on Sunday, the 3rd of Aug.—I saw the prisoner Smith—I think I addressed her, but I will not be sure—there was some conversation about the time of night, and in the course of that conversation I looked at my watch—it was a gold watch, and fastened round my neck with a string—I looked at it, and told her the time—we were then passing along Grosvenor-street, away from Ranelagh-street—I was induced by what Smith said to go back to Ranelagh-street, and went down Ranelagh-mews—I had not been there a moment when she wished to induce me to turn down a dark place, which I did—she held me by the coat, and wished me to proceed a little further—she then coughed twice, and that was followed by Edwards rushing down upon me—he held me by the arms, and said, "What are you ill-using the female for? what are you doing to her?" or words to that effect—I thought Smith had hold of my coat at that time—I struggled as violently as I could, and succeeded in extricating myself as soon as I could, but I had called "Police" two or three times—I walked three or four feet—passage from the mews leads to the back of some small houses in Ranelagh-street—Edwards went up the passage, but I saw him again instantly almost—I missed my watch the moment that the policeman approached me—I had scarcely recovered from the fright I was pat in when I saw the ring of my watch hanging to my guard—I said, "They have taken my watch"—it had been wrenched from the ring—I gave information to the policeman, and the prisoners, who had not gone more than a yard, were both taken—I know the houses Nos. 22 and 24 in Ra-nelagh-street—the backs of those houses come against the passage where I
was turning up with Smith—my watch was gold, engine-tamed, and chased round the edge—it was a large watch, not modern at all.
Cross-examined by MR. BALLANTINE. Q. What did you go down this mews for? A. For no other purpose than to walk and talk with Smith—no liberties whatever had passed between us—there was another man, who I suspected was one of the party—he walked to the station, but I did not give him in charge—he was a respectable person, and could have nothing to do with it.
Cross-examined by MR. PAYNE. Q. What are you? A. A lieutenant in the army—it was thirty or forty yards from the place where I first met Smith to where she coughed—I live in Grosvenor-street, Westminster—I was then coming home from Park-road, Alpha-cottages—I had not been dining out—I went out in the afternoon—I had not been entertaining myself at all, nor drinking champagne—I had not spoken to anybody on my road—I was about 250 yards from my own home—I walked with Smith, and resisted going up the dark place—she gently invited me up, and rather pulled me up—I have never seen my watch since—the prisoners were taken about a yard off—I was alarmed when I heard the signal given—I thought it was some conspiracy for the purpose of extorting money—I did not see my watch go, nor feel it go—I had money with me—I had not offered any to Smith—she had not asked me for any—four or five minutes was the whole of the time I was with her—I was not to give her a sovereign—I never proposed giving her anything—she never proposed to go to any place, nor had I the slightest idea that she was a girl of the town—I did not see her face—it was concealed with a thick veil—the cough she gave was a hem, hem—I did not consider it natural, or I should not have noticed it—it was a signal, and therefore I felt alarmed.
JAMES BREEN (police-constable B 91.) I was in Ranelagh-street that night at the entrance of this mews—I did not see the prosecutor and Smith turn down the mews, but I heard the cough—I turned down the mews, and Edwards ran down before me as the cough was given—the moment Edwards went down the prosecutor turned out, and called, "Police"—he said he was robbed, and held up his guard, and showed it me—at that time Edwards might have turned down the dark passage, but I did not see it—I observed him running up the mews, and he was out of my sight for a moment or two—when the prosecutor made known his loss I turned down the court, and took both the prisoners there—the back of the houses in Ranelagh-street come to this court—Edwards could have thrown the watch to the back of those houses.
Cross-examined by MR. BALLANTINE. Q. Who was the person who went to the station? A. A man who lived very near—I pass by his door on duty—I know him, but know nothing dishonest about him—he is an inhabitant of No. 9, Upper Ranelagh-street—it is not one of the first-rate houses—I see him going in and out the same as the rest of the inhabitants—that is all I know about him—I have never drunk with him, nor been in his company in public-houses—I have seen him since this, in the street—he asked me how this case went on—I told the prosecutor he could not have anything to do with it, because I had the parties apprehended when he came down—this was about a quarter past eleven o'clock at night—it was not very near the house of that person—I saw him coming through the square before the cry of "Police"—he has a lame step, and walks with a stick—he was close by when "Police" was called.
Cross-examined by MR. PAYNE. Q. How many examinations were there in this case? A. Four—the prosecutor and I were examined the first time—I do not know how far it is from the police-office to the corner of York-street—I should say it is between thirty and forty yards from the mews to the back of the house No. 23, Ranelagh-street—I should think it is more than from the police-court to the end of York-street.
ELIZABETH BROWN . I live at No. 23, Ranelagh-street, which is at the back of Ranelagh-mews. I know the turning out of Ranelagh-mews to the left—it goes to the back of our house—on the morning of Monday, the 4th of Aug., about half-past seven o'clock, I found a watch on the window cill of the next house to ours, which window comes into our yard—it was a yellow watch—whether it was gold or copper I could not tell—there were two cases to it—it was broken—there was no face to it, and no glass—it appeared to have been smashed down—it must have been thrown to the window—I picked it up, and took it down into the kitchen to the landlady, and after some conversation with her I put it back again—I have never seen it since—I thought there was the figure 11 on it.
Cross-examined by MR. BALLANTINE. Q. It was much bent, was it not? A. Yes—it appeared to have been compressed and very much broken—the outer case was broken on both sides—the inside glass was broken, and all the white was off the face.
Cross-examined by MR. PAYNE. Q. The only white part was the figure 11? A. Yes—I should say our yard is as far from Ranelagh-mews the police-office is from York-street.
Cross-examined by MR. PAYNE. Q. Had you seen them together within a week of this transaction? A. Yes—the last time was a week before this.
EDWARDS— GUILTY .— Transported for Ten Years.
SMITH— GUILTY .— Confined Six Months.
GUILTY of common Assault. Aged 19.— Confined Two Years.
1731. JOHN SCOULER was indicted for feloniously uttering, on the 12th of June, a forged warrant and order for the payment of 4l., with intent to defraud Wrilliam George Mills; and CHRISTOPHER CULL , for feloniously and maliciously exciting him the said felony to do and commit.
MR. DOANE conducted the Prosecution,
WILLIAM GEORGE MILLS . I keep the Three Tuns, at Poplar. I nave known Scouler a great many years—for about two years he has been partner with Cull, as tailors and outfitters, and they keep a register-office in the East India Dock-road—I have been in the habit of advancing money to the firm, and to each of them, from time to time, and of discounting advance notes—I know nothing about the ships, or sailors, or
their notes—it sometimes happens that sailors do not continue on board their ships all the way—I used to require the prisoners should give me a guarantee on the notes I discounted for them—this note (looking at one) was handed to me by Scouler about the 11th or 12th of June last—I afterwards presented it at Mr. Lindsay's office, East India-chambers—I saw Mr. Mackenzie there—the note was detained there on suspicion—I went again two or three days afterwards—I saw Mr. Lindsay, and got it back—here is written on the back of it, "John Evans, his mark.—We guarantee the payment of the within amount. JOHN SCOULER, for Scouler and Co."—this is Scouler's writing—my attention had not been particularly called to the signature of Melville on this note till I heard what I did from Mr. Mackenzie; but having had my attention drawn to it, I believe that and the body of the note to be Cull's writing—I cannot form any judgment at to whose handwriting this "John Evans his mark" is—I saw Scouler about this at his house on the Wednesday or Thursday morning in the following week—I said, "Scouler, you have committed a forgery on me"—he said, "I know I have, Mr. Mills"—he put his hands to his head, cried bitterly, and ran about the room—there was a gold watch lying on the table, which he said belonged to the steward of a ship—he said, "You may have that, Mr. Mills"—I said, "I shall do no such thing; I have been a good friend to you; you have no business to forge these on me"—I said I would prosecute him—he begged me not—he was given into custody on the 2nd of July
Cross-examined by MR. BALLANTINE. Q. You say you knew nothing about sailors and these notes? A. I am in the public line—I know a good deal about sailors, but nothing in this line—it is not my constant habit to cash these very sort of notes for sailors—I may say I have not done a dozen in my life for sailors—since I have commenced business I may have done 600l. or 700l. worth for these prisoners—the tailors go to them for the things necessary for their voyage, and give their notes to them; and as they may not have capital enough, they come to me to discount them—I take five per cent., and return them two and a half when they are paid—I have not known that sailors have in dozens of instances passed off forged notes—I would not take them at all without the guarantee of these persons—it was on the 14th of June I found out this note was a forgery, and I believe it was on the 2nd of July that I gave the prisoners into custody—I did not go hunting them every day for the money—I saw them two or three times between the 14th of June and the 2nd of July—I have heard of compounding a felony—I would not have taken this money—the reason I did not give the prisoners into custody on the 14th of June was, I advised with my friends, and they said, "Don't be too hasty about it"—there was a bill of 25l. that I had advanced them the money on, and my friend said, "If I were you I would wait to see if they honour that bill"—it was not honoured, and I gave them into custody—I would have given them into custody if it had been honoured, but I thought I might as well get 25l.—I might have said that I would transport them if it cost me 200l.—I cannot say whether I did or not—I did not say that their family might go to the d—I—I am sorry for their family.
MR. DOANE. Q. Had the 25l. bill anything to do with these notes? A. Not the least.
end of May—she cleared the Custom-house on the 29th of May—Captain Melvill is the captain of that vessel—I have seen him write frequently—the signature to this note is not his handwriting, nor is any part of the note—I think the whole of it is the same writing.
----HAMILTON. I know Captain Melvill's writing—this is not his signature—if the seamen do not fulfil the terms we do not take the notes, if they are not down on the captain's list.
Cross-examined. Q. I suppose hardly a seaman goes out without having some of these notes? A. Almost none.
THOMAS WATKINS (police-constable K 310.) I took Scouler on the 2nd of July—I told him he was charged on suspicion of forgery, or utter-ing forged notes—he said, "O Watkins! this is no more than I expected, let me go home"—he cried, and said, "Cull has been the instigation of all this."
Cross-examined. Q. Did either of the prisoners ask you to come and see their books? A. No—I saw this book (looking at one) in Mr. Scou-lei's house—he did not show it me, nor say, "If you will examine my books you will see that they are all right."
JOSEPH PUDDEFORD (police-constable K 276.) I took Cull, and asked if he knew the charge against him—he said he did, and he would go to the station and settle it—he said Mills was a rogue, and he would punch his b—y head if he kept him in the station more than twenty minutes.
JURY to DONALD WILLIAM MACKENZIE Q. Is the name anything at all like the signature of Captain Melvill? A. Not at all, nor is the body of the note—several hundred notes in a year are presented at our office, always signed by the captains.
NOT GUILTY .
THIRD COURT.—Saturday, August 23rd, 1845.
First Jury, before Edward Bullock, Esq.
GUILTY .* Aged 21.— Confined One Year.
MESSRS. DOANE and HUDDLESTON conducted the Prosecution.
JOSEPH KING BRITTEN . I am a baker, and live in Westbourne-street, Pimlico. On the 3rd of Aug., between ten and eleven o'clock, the prisoner came to my shop for a half-quartern loaf—she gave me a bad half—crown in payment—I told her it was bad, and asked her where she came from—she said she came from just round the corner—I asked her where she got it from—she said her husband took it for his wages—I M "Where do you live?"—she said, "Just round the corner; I have not been here long; I forget the name of the street"—I kept the half-crown, and told her if she sent her husband she could have it—I watched her—she
did not go round the corner, but straight up the street, right into the King's-road—I gave the half-crown to the policeman on the 6th—I am sure it was the same.
GEORGE TATHAM I am in the employ of a linendraper, in Grosvenor-row, Pimlico. I saw the prisoner at our shop on the 5th of Aug.—she asked for tape, and selected a piece which came to 1d.—she tendered half-a-crown in payment—I noticed it was bad, and immediately marked it—I told her it was bad, and asked where she came from—she said, "From over the way"—I believe she said No. 7—there are three streets over the way—I asked her which it was—she could not tell me—she said she had only been there a week—I called in a policeman and gave him the half-crown—I put my initials on it.
GUILTY . Aged 23.— Confined Six Months.
GEORGE JONES . I keep the Duke of Clarence public-house, at Charing-cross; the prisoner has been in my service; I suspected him, and on the 28th of July, in consequence of something, I called him into my drawing-room when a policeman was present—I said to him I had reason to believe he had been robbing me—he said he had not—I asked if he had any objec-tion to produce his money—he sayl, "Certainly not"—he produced some silver, and put it on the table—I said, "Are you sure that is all?"—he said, "Yes"—I put that question to him again, and he still said that was all—I said, "Have you no gold?"—he made no answer for some time—I again asked, "Have you no gold?"—he said, "I am sure I have not, but if I have any it is up stairs"—the policeman went up stairs, and on hit coming down he said they had searched the room, and could not find any for some time; but just as they were about to leave the room, he saw the prisoner try to throw away a purse, which be produced to me—it contained two sovereigns—I said to the prisoner, "To whom does this belong?"—after a good deal of hesitation, he said, "It belongs to you"—no promise or threat was made—I said, "Where did you get it from?"—he said "I have taken it at different times from your till"—I gave him into custody—I had missed a sovereign in May, and other money since.
Cross-examined by MR. BALLANTINE. Q. Have you any partner? A. One, my father-in-law—I cannot say on what day in May it was that I missed the sovereign.
ROBERT BARY (policeman.) I was called in by Mr. Jones—the prisoner denied having any gold—I went up stairs with him, and saw him. take a purse from his pocket, and drop it—he said the money had been taken at different times from the till.
GUILTY. Aged 20.—Recommended to mercy by the Jury and Prosecutor.
Confined Three Months.
JAMES KING . I am a grocer, and live at No. 81, Seymour-place, Marylebone. On the afternoon of the 2nd of Aug. I was at dinner in my back parlour, which communicates with my shop—I heard a noise in the shop, went in, and saw the prisoner standing in the shop with a box of cheroots in his hand—directly he saw me he put them down on a candle-box near the door, inside the shop, about three yards from where they had been when I went to dinner—I took hold of him, and kept him till the policeman came—this is the box—it contained ninety-four Manilla cheroots.
CHARLES BATTERSBY (policeman.) I was called, and found the prisoner in Mr. King's shop—he gave him in my charge—I found this box of cheroots by his side on a candle-box—he said, "He did not see me take them, so it is no matter."
Prisoner, I will never do the like again.
GEORGE THORNTON . policeman. I produce a certificate of the prisoner's former conviction at the Clerkenwell sessions (read—Convicted on 5th of Aug. 8th Victoria, and confined one month and whipped)—I was present at the trial, and am sure he is the person.
GUILTY . Aged 16.— Confined Six Months.
JAMES SPRENT . I am a farrier belonging to the Fourth Light Dragoons, stationed at Hampton Court. I have occasionally employed the prisoner as a labourer—in consequence of missing some tools and horseshoes from my forge, I went to the stables at the Toy, Hampton Court, and found a bag there, covered with hay—I emptied it, and found some horseshoes of my own make, a rasp, and stubbing-iron, my property—I had seen the rasp and iron safe, three weeks before—the prisoner was cleaning a horse at the Toy when I found these—I spoke to him about them—he said he had had them in his possession two years, and they were not mine at all—I gave him in charge.
Prisoner. They are my own shoes.
Witness. They are my own make and I know them well, and this is my rasp and iron.
The Prisoner put in a written defence, stating that he kept the tools because the prosecutor refused to pay him his wages.
GUILTY . Aged 21.— Confined Two Months.
GEORGE COOKSEY . I live in Elm-street, Gray's-inn-road, and am fore-man to Thos. Horner, a painter, in Hart-street, Bloomsbury—the prisoner has been about three months in Mr. Homer's service. On Wednesday, the 6th of Aug., we were at work at No. 3, Hyde Park-gardens—the prisoner was left in charge of the things, sent there to finish the job—if this brush was left in his charge it was his duty to use it for work, but not to part with it—I should not like to swear to the brush.
GEORGE GRIGG SMITH . I am in the prosecutor's service. On Monday, the 4th of Aug., I was at work at the house in Hyde Park-gardens—I left the prisoner in charge of the things, and among other things this brush.
Prisoner. Q. How can you swear to it? A., From the coloux—it was originally painted chocolate, and afterwards white, and the chocolate shows through.
EDWARD BARKER (policeman). The prisoner was given into my custody—I received six pawnbroker's duplicates—this is one of them—at I was taking him from Mr. Horner's shop he said he had taken nothing away but the dusting-brush, and that was in pledge, pointing to the tickets which I had in my hand.
THOMAS HORNER . The prisoner was in my service—he came to my shop between six and seven o'clock on the Tuesday evening. I asked him where the brush and materials were that he had taken away from the house—he said that he had taken them away, that he met with two female friends, and stopped with them all night, and they had robbed him of the whole of the articles that belonged to me, and had taken his coat and his shirt off his back—he said he had got the tickets about him, which he gave me; this is one of them.
Prisoner's Defence. On the Wednesday evening I was returning to the shop to deliver up the things, and met with two females, who took me to an improper house; I got tipsy with them; they took the things away from me, took the clothes off my back, pledged all the things, and put the tickets into my pocket, unknown" to me; I was speechless drunk; next day I went to find out the girls I was with, but could not; I went on the Tuesday following to Mr. Homer, to tell him what I had met with, and to pay him the loss; the brush was given up to me, and I was answerable for it; if I did not produce it, 2s. 6d. or 3s. 6s. would be stopped; nothing was stopped, so it is my property, if you come to that.
MR. HORNER re-examined, He did not come on the Saturday night for his wages as he ought to have done—the materials he took away were worth about 2l.—the job was not completed, and he had no right to move the things—he was three months with me.
GUILTY . Aged 47.—Recommended to mercy.— Confined Two Month.
1739. ELIZABETH MULLOY, alias Dunworth , was indicted for stealing, on the 25th of July, 1 pair of trowsers, value 1l.; and 3 handkerchiefs, 1s.; the goods of John Benjamin Leech, from the person of Sarah Ann Leech; and that she had been before convicted of felony.
SARAH ANN LEECH . I am ten years old, and am the daughter of John Benjamin Leech, of Paradise-place, Tabernacle-walk. On the 25th of July my father sent me with a new pair of trowsers, tied up in a handkerchief, to Mr. Hyams, in Gracechurch-street—I met the prisoner against Bishopsgate-street church between two and three o'clock in the afternoon—she said, "My little girl, will you go on an errand for me?"—I said, "yes"—she took me across the road, and said, "Go down Great St. Helen's, and ask for Mrs. Smith, at No. 5"—she asked if she should hold the bundle while I went, and I said, "Yes"—I went to No. 5, and there was nobody there of that name—when I came back the prisoner was gone—I
saw her again at the police-court—I am sure she is the person—I have not seen the trowsers or handkerchief since—the trowsers belonged to Mr. Hyams—they were made for him by my father, who is a tailor—the handkerchief was my father's.
Prisoner. I am quite innocent.
WILLIAM HORNE (policeman.) I produce a certificate of the prisoner's conviction—(read—Convicted 6th Jan., 1845, by the name of Hannah Dunworth, of larceny, as servant, and confined four days)—I was present, she is the person; her master begged for mercy for her.
GUILTY . Aged 19.— Confined Twelve Months.
(There were three other indictments against the prisoner.)
NEW COURT.—Monday, August 25th, 1845.
First Jury, before Mr. Common Sergeant.
GUILTY of a Common Assault.— Confined Three Months.
1741. MARY ANN FLEMING, ELIZABETH SIMMONDS , and SARAH LEVY , were indicted for assaulting James Greig, putting him in fear, and taking from his person, and against his will, I sovereign, and 3 half-crowns, his monies.
JAMES GARIG . I live in Bloomsbury-street, and am a seaman. On the night of the 19th of Aug., I met Fleming about twelve o'clock—I went to a house with her in Princes-court, near Covent-garden—I gave her 5s.—by-and-by she denied having received 5s., and said I only gave her half-a-crown—she wanted some more money, and I would not give her any—I had had nothing to do with her—I was quite sober—I wanted to get out—she prevented me, and called, "Mary"—the prisoner Levy came up and asked what was the matter—I told her how it was, and she insisted upon my giving a sovereign to Fleming, and wanted some money for herself—I would not give anything to either of them—Simmonds then came up, and they threatened to scratch my face, and tear my clothes—they swore they would do it, and tear all the skin off my face—Simmonds then took up a pair of snuffers, and said she would dig them into my brains—out, I gave Fleming a sovereign, but before that Fleming and Simmonds had struck me with their fists, and Levy had scratched my face—I gave Fleming the sovereign after they struck me—I then tried to get out—Simmonds prevented me, and said I must give her some money too—I said, "What for?"—she said I had torn her frock—I had never touched it—I had bad no struggle—the door was fastened, but I do not think it was locked with a key—I could have unbolted it, but then they would have scratched my face—I was not in fear of ray life—it was from fear of some injury being done me which induced me to give
the sovereign—I wanted to get out, and Simmonds would not allow me—I gave Levy three half-crowns, and she said she would settle with Sim-monds—it was then about half-past twelve—I got out, and went imme-diately, and called a policeman—he took the prisoners in charge—they were all three there when we came back, which was in about three minutes.
Cross-examined by MR. BALLANTINE. Q. You had been drinking? A. Yes, I had—I was charged with tearing Simmonds's gown, and I un-derstood the three half-crowns were to pay for the gown and the room—I gave 5s. to Fleming, and I understood the room and everything else was paid for—I did not mention about the snuffers on the first examination—that was the first time I was before a Court, and I was a little confused—I recollected it after I left the Court.
COURT. Q. Could you not have pushed the prisoners aside, and have got out? A. I could, but I should have got my clothes torn.
Cross-examined by MR. DOANE. Q. Did you not tell the Magistrate that when the woman talked about digging your brains you told her she was not game enough? A. Yes—I am a Scotchman.
CHARLES FLINT CHEVERTON (police-constable F 63.) I was on duty—the prosecutor called me—I found the prisoners in the room, making a sort of laugh and jeer—the prosecutor said he would charge them with a robbery—they seemed very willing to come with me to the station—I thought the prosecutor had been drinking, but the next morning I thought he was the same in his manner.
(Levy received a good character.)
Of an Assault only.— Confined Three Months.
RICHARD SMITH . I am a smith—I live opposite the gas-works at Old Ford. On Saturday night, the 10th of Aug., I was at the Dog and Part-ridge, at Bow—I came out there a few minutes before twelve o'clock—on my road home with some friends we had a little conversation—I walked a few yards past my own door, and we stood talking about some working affairs—a stone was thrown, as we supposed, from a window opposite, and it struck a young man named Kingdom on the back of his head—Bristow was not there then—we then had to retreat from a party who interrupted us with sticks, &c.—we ran towards the railway arch at Old Ford—we waited there a few minutes—Bristow then came up to us in his way home—we stood at the corner of the street he was living at—Carroll had been with the party before—I do not know whether he was there at that time—I went back to go home, and we had to go past the house where the disturbance took place, and Carroll was walking in a kind of concealment, with the poker under his coat—Thomas Smith, who had been struck previous to that, in passing along by himself, hallooed out, "There is the man that struck me"—I did not hear Bristow say anything—I was then about four-teen or fifteen yards from the door of the house, and the prisoner was about ten yards—he was near enough to hear Smith say, "That is the man that struck me"—as soon as he heard Smith say that he went to the door, and rapped twice with the head of the poker—by that time Bristow
had got a few yards past the house—I was perpendicularly opposite—Carroll seized Bristow by the collar, and struck him with the poker by the side of the head—in consequence of that Bristow fell—the rest of the Irish party then chased me and those who were with me, and we ran back again to the railway arch—we missed Bristow, and did not see him for a quarter of an hour or twenty minutes, when he was coming back with two policemen—he had been to the station-house—I am sure the prisoner is the man who struck him with the poker—he had not spoken to the prisoner, or to nny of them—he was smoking his pipe, and when he was struck the pipe fell, and the lighted ashes made the light more brilliant—the pipe fell before Bristow did.
Cross-examined by MR. ROBINSON. Q. What had you been about at this time of night at this public-house? A. Taking a glass of beer, like anybody else—I went in by myself—I think there were only about three or four others in the public-house—I knew them—I used to work with two of them—when the stone was thrown there was me and three others, and Kingdon, who got struck, was just at his own door—I went into the public-house about half-past eleven o'clock—I first saw Bristow after we had had a skirmish with the Irish party, who came out with sticks—we ran to get away from them, and we stood talking for nearly twenty minutes after, before I saw Bristow—we stood talking the matter over—we were afraid to go back, as there were so many of them with sticks and other things—the prisoner was not near us then—he was not in our sight—we had run from the direction of his house to the railway arch—I was nearest to Bristow when he was struck—there was Kingdon and Bristow, and one or two friends—I was about half a dozen yards from the prisoner when the blow was struck, and the rest of the party were about half a dozen yards behind me—just before the blow was struck we had been doing nothing but just talking the matter over—we had not done anything to him—we had no quarrel with him when the blow was struck—we had previously, but Bristow was not there.
COURT. Q. At the time Bristow came up and was struck, were any of you attacking the prisoner? A. No.
MR. ROBINSON. Q. Were you saying anything to him? A. No, the farthest of us were twelve yards from him—there was nothing said to him, but Smith said, "That is the man that struck me"—the poker was then under his coat—it was a starlight night—I did not perceive any moon—the prisoner had not been beaten or attacked till he offered to fight Joseph Williams, and then he began to call out, "Mike"—he went btck towards his own house, and in less than two minutes the party was out with sticks—no one had touched Carroll, but Joseph Williams—no one else laid a hand on him that I saw.
BENJAMIN MATTHEWS . I am a bricklayer. On that Saturday night, about twenty minutes past twelve o'clock I was in bed—I heard a noise in the street—I ran out and saw several persons with sticks, and I saw the prisoner with a poker under his coat—I did not see Bristow—I went in doors.
JAMES MALLARD . I am father-in-law to James Bristow, the deceased. I was at home all that day when he was brought home at night—I examined him—he was very much covered with blood, and had two wounds on his head.
I saw the deceased about a quarter past five in the morning—he was suffering from the effects of concussion of the brain—I found two wounds on his head, and from their external appearance, I should say the wound over the right temporal muscle caused his death—he died about three hours after I saw him—it was his body that Mr. Garman afterwards saw.
Cross-examined. Q. Where did you see him? A. At his own house—he had been bleeding, but not very much—the blood was stopped when I saw him, and I should say it had been for two or three hours—he died about eight o'clock in the morning—when a person is in a state of coma, as he was when I saw him, the pulse is very low—it would not be right to bleed him then—a man is as if he were asleep—had he been bled at first, it would probably have reduced the circulation—one of the wounds was not more than a quarter of an inch long—the one over the temple was large.
HENRY VINCENT GARMAN . I am a surgeon. I did not see the deceased till after he was dead—my impression is, that the violence of the blow caused a rupture of a branch of an artery on the right side of the head, which allowed a certain quantity of blood to escape, and that accumulated into a clot and caused death—it was all in consequence of a blow.
NORTH FOLEY . I am a widow, and keep a greengrocer's shop. I was clearing up my place, and heard a screaming outside—I then opened the door to see for my children, but they were inside—I closed the door, and took the latch by the handle and peeped out—I saw Carroll down, and a number of men beating him—the back of his waistcoat and his shirt were exposed—I did not know any of them.
Cross-examined. Q. Did you see Smith? A. I do not know the party—they were all strangers to me—I went out, the man roused up, and I knew him to be Carroll—he looked as if he bad been very well beaten—he had some marks.
JOSEPH WILLIAMS . There was a battle—Bristow was not there at that time—I was there when Bristow first came up, which was about twenty minutes after the battle—he did not strike anybody, or act offensively to anybody—I did not see him struck, but I saw the prisoner with a poker concealed under his coat, as Bristow passed, and I saw him walk over to Bristow—I did not see him strike him—I saw the prisoner go to a door and knock—some Irishmen came out with sticks—Bristow went down with me for the purpose of identifying some person who had bitten him.
EDWARD FULCHER . I was up stairs when the first of these parties ran away—I opened the window, and saw some of them come back, but I do not know who—I then heard another row—I went to the door, and saw Carroll with a poker—I asked him for it, and he gave it me directly.
Cross-examined. Q. Whom did you see near there at the time? A. I do not recognize any one that I saw, only Carroll—I did not see Smith there—I did not see any fight between the parties after I had taken the poker.
WILLIAM MORLAND . I saw Carroll fight with Joseph Williams, and after that these twelve or fourteen Irishmen came up with sticks at the corner of Taylor's-buildings—Bristow was not there at the time Carroll was fight-ing Williams—I am sure of that—Bristow was there about twenty minutes afterwards—I saw Carroll with a poker under his coat—I did not see him strike anybody.
Cross-examined. Q. Had you seen Carroll beaten by anybody? A. I
saw him beating Joseph Williams—Richard Smith was there at the time—it was light enough to see who the persons were, if you were pretty close to them—I saw Bristow supported along by two policemen—he lived in Douro-street, I believe, which is about 200 yards from where this took place.
MR. ROBINSON called
DANIEL KEYNON . Between twelve and one o'clock on that Saturday night, the party connected with the deceased man came to my door, and Williams, as far as I am given to understand, knocked at my door—Richard Smith was there—they complained of people being in the front room, raising the window, and cutting one of their mate's heads—I saw no man with his head cut—they did not want to search my place—I saw Car-roll standing at the corner of the street with his hands in his pockets—he told the men not to be too hasty—he said the night was dark, and they could not tell whether the stone came from this side or the other—they said, "You Irish b—, what is that to you?"—Williams went and pulled him into the road to fight him, and the others struck him with their fists—I went in and heard him singing out as if he was being violently beaten—I looked out, and he appeared to have been violently beaten—Smith was in the party—there were five who came to my door—there were seven or eight persons round Carroll.
JOHANNA LEE . I saw Carroll coming round the corner with both his hands in his pockets—there were five men kicking at Keynon's door, and then they went to Carroll, took his coat over his head, and took his hat off—I know Kingdon was one of the men, and he took his hat—I could not swear to any other of them.
(—Davidson, manager to Messrs. White and Co., the prisoner's employers, gave him a good character.)
GUILTY . Aged 26.— Transported for Seven Years.
GUILTY . Aged 54.— Confined One Year.
THIRD COURT.—Tuesday, August 261th, 1845.
Second Jury, before Edward Bullock, Esq.
GUILTY. Aged 63.— Judgment Respited.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Tuesday, August 25th, 1845.
Sixth Jury, before Mr. Common Sergeant.
MESSRS. CLARKSON and WOOD conducted the Prosecution.
(The affidavit of the prisoner being here read, stated, that on the 14th of March, 1842, he met William Jones, the defendant in the action, by appointment, at Beckford, near Coombe Hill, in the county of Glouces-ter, and then personally served him with a true copy of a writ of sum-mons, and that William Jones then said to him, "Oh, this writ is of no consequence: it is only a friendly job, and it's all right;" that he the deponent had been well acquainted with the said William Jones for many years past, and that on the 31st March, 1842, he did serve the said William Jones with a notice of declaration and particulars of the plaintiff's demand, amounting to 493l. 15s. 7d., by leaving the same personally with him at his residence at Coombe Hill; and that on the 14th of March, 1842, when the writ of summons was served, the said William Jones re-quested him, in the event of any further notice having to be served, not to let his, the said William Jones' wife, know of the same, but to give them to him; and that subsequently to the 31st of March, 1842, the laid William Jones had informed him that he had paid some person 30l. on account of Eliakim Jones's demand.)
WILLIAM JONES . I am a wholesale coal-merchant, and live at Coombe Hill, near Cheltenham—I have carried on business there many years—on the 16th of Sept., 1844, I was taken in execution at the suit of Eliakim Jones—I was taken to Mr. Sheldon's, and from thence to Gloucester gaol—I remained there till the 14th of Oct., which was twenty-eight days—I was liberated by paying down 501l.—I am sorry to say Eliakim Jones is a brother of mine—I did not owe him a halfpenny at that time.
Prisoner. One brother has passed the Insolvent Court one year, and the other another year; this judgment was given purposely and friendly to the other.
Witness. I have been through the Insolvent Court through this very brother, and the prisoner has been with my brother in London—what they have been doing I do not know.
Prisoner. When I went and served this writ I went to see my mother.
MR. CLARKSON. Q. Were you ever served with any writ at Beckford, near Coombe Hill, or at any other place on the subject of this action? A. I never was, not at any time—I never said it was a friendly job—on the 31st March I was not served with a notice of any declaration—I did not meet the prisoner by appointment at Beckford, for the purpose of being served, on Sunday, the 13th of March, or on Monday, the 14th, as stated—I went to Beckford on the Sunday, in consequences of a letter from the prisoner requesting to see me on a matter of business—I met him—he said he was come down by the wish of my brother to see whether I could not settle a
cause that was hanging over my brother's head, for stealing a warrant out of an officer's pocket at Cheltenham—I most solemnlv declare that was the only subject matter on which lie professed to come to me—I had this inter-view with the prisoner on the Sunday, and in consequence of that I inter-ested myself to save my brother from the consequences of that action, and paid out of my own pocket to save him, twenty-seven sovereigns—on the 31st of March I was not served with any notice of declaration either personally or left at my house—I never had any cognizance of it.
Q. Up to the time you were taken in execution, as though judgment had passed by default for non-appearance, had you the slightest idea or notion that there were any proceedings against you? A. I most solemnly declare the first I knew of it was the sheriff's officer coming and carrying me off to prison—Coombe Hill is twelve miles from Beckford—the 31st of March, 1842, was on a Thursday—it is Cheltenham market-day—I was attending the market, as was my practice, on that day, and was there the whole of the day.
Prisoner. Q. When you came to London you came with a person named Attwood? A. Yes—he is not here, and you know it—he left meat the Queen's Arms—he did not tell me that I had got him to swear falsely.
MR. CLARKSON. Q. Can you form any notion how the prisoner came to know that Attwood ran away? A. No, unless he has seen him—he is a relation of his—he came to speak to certain facts, and he ran away.
MARY ANN JONES . I am the wife of William Jones. I do not re-member his staying at home in March 1842, in consequence of having an appointment to meet the prisoner—I remember his going to Beckford for the purpose of meeting him, on Sunday, the 13th of March, 1842—I have reason to know it from what followed to my husband afterwards—I am positive it was on a Sunday—my husband came home that evening—I have known the prisoner more than twenty years—my husband did not go to Beckford on the Monday, I am sure—he stayed at home—I was at home during the whole day on the 31st of March—on my oath my hus-band was not served personally at our house with any notice of declara-tion, or any paper of any kind or description, either by the prisoner or any one else—I am positive the prisoner was not at our house any part of the day on the 31st of March—my husband was at Cheltenham-market—on the market days when he goes to Cheltenham I am obliged to be at home—I keep particularly at home all day—neither the prisoner nor any one else came for the purpose of delivering any paper that day—I keep no servant.
Prisoner. Q. Have you a wharf? A. Yes—you was not with my husband on the wharf that day.
COURT. Q. What time did your husband go to market that day? A. Between nine and ten o'clock—he might have been at the wharf before that—I never heard from my husband, or any one else, during the whole of March, that he had been served with any writ or declaration, or any paper of any kind—I swear that.
Prisoner to WM. JONES. Q. The first day you met me was on Sunday at my mother's? A. It was—I did not caution or request you not to let my wife know anything about it—I had no conversation with you about burning letters—I did not tell you I burnt all my brother's letters.
Prisoner. I was not in the house; I served him with it on the wharf, which is close against the house, and he begged me not to let his wife know.
THOMAS SHELDON re-examined. I am attorney for Mr. William Jones. I am the person whom he consulted before these proceedings were taken—amongst other documents put into my hands there was a letter from the prisoner to Mr. Jones in the prisoner's handwriting—it contained no appointment for any day but Sunday—I submitted that letter to Mr. Wood, the Counsel, for the purpose of preparing the indictment—there was no other letter sent to Mr. Wood but that—I have a recollection of the contents of it—the sit'stance of it was that William Surman had come down from London, at the wish of Eliakim Jones, to ask William Jones to inter-fere in settling a matter about a stolen warrant, for which Eliakim Jones was being hunted then in London by the officers—it made no allusion to any debt of 493l.
JOHN HAWKINS . I am a coal dealer, and live at Ooombe Hill. I remember Sunday, the 13th of March, 1842—I remember a boat of coals arrived that day, and I was employed to unload it on the Monday—we went down to unload it on Monday, March 14th, about five o'clock in the morning, but did not begin till half-past six—I saw the prosecutor—he came at half-past six o'clock to give orders where the coal was to be stacked in his coal-yard, the first side of the wharf from the water—the prosecutor was not absent from me one hour that day, from half-past six o'clock in the morning till near eleven o'clock at night—I did not see the prisoner there—if he had been there I must have seen him, and there were plenty of other people, all of whom must have seen him—I have a particular reason for remembering it was on Monday the 14th of March, because on the Monday, William Taylor and I had a little drop of drink, and did not finish unloading the boat, and on the Tuesday we went to work again, and Mr. Jones was in a bit of a passion and discharged Taylor.
WILLIAM TAYLOR . In Marsh, 1842, I was in the service of Mr. William Jones, the prosecutor; I had been in his service for three years. I remember the Star boat coming to Coombe Hill wharf on Sunday, and she began discharging on Monday morning, the 14th—I received orders from my master to assist in discharging thnt boat, and I did so—Hawkins was assisting—my master was at home—I saw him—he came about six o'clock on the Monday morning, and gave me orders—he was not away from the premises the whole day more than an hour or an hour and a half, till six in the evening—he was not away long enough to have gone to Beckford, or any such distance—he did not leave the work any time, except to take his meals, and in the whole of the day he was not away more, than an hour or an hour and a half—I did not see the prisoner—I must have seen him if he had been there—my master went to the Swan public-house after he left the work, and Hawkins with him—I left between nine and ten o'clock, and left him and Hawkins at the Swan.
Prisoner. Q. Were you not on the Bloodstone trial, at Gufldford, some time ago? A. Yes, and the other witness was there.
COURT. Q. What was it about? A. About a race-horse called Blood-stone, that was bred near Coombe Hill.
MR. CLARKSON. Q. Were you there for any other purpose than to identify the horse Bloodstone? A. I was there to prove that the horse was bred at Mr. Newman's, at Coombe Hill, which was the case—I had no interest, directly or indirectly, in what became of Bloodstone.
Prisoner. Q. Were you up here the first Session in Jan. with a party? A. No, I was not—I have heard of Attwood, I do not know him—I have heard he is your nephew.
Prisoner's Defence. I have nothing more to say than that I served that writ and declaration; my witnesses are gone, and I cannot help it; I cannot do anything unless they were here.
GUILTY. Aged 44.— Judgment Respited.
THOMAS KENT . On the 10th of July I went to the prisoner's, and asked if it was true that my wife was living there with another man—the prisoner asked me to go in and convince myself—I went in, and my wife was there with a man—my wife told Mrs. Pearce to turn me out of doors,—I went to the door, and Mrs. Pearce came and struck me on my head—I said, if she came to strike me again, I should stand in my own defence—she struck me again, and I struck at her, but did not hit her—I turned round, and she struck me with a poker—I fell down insensible, and know no more.
Cross-examined by MR. O'BRIEN. Q. You had two rounds? A. She struck me twice before I struck at her, but did not hit her—I fell down, and do not know what became of me—I was in Horsemonger-lane gaol three months for drawing some beer, not stealing it—I was twice in the House of Correction at Brixton—once was for sleeping out—I was once at Newgate respecting bousebreaking—I was not acquitted—I went to Coldbath-fiekls.
GUILTY of an Assault. Aged 54.— Confined Three Months.
Before Mr. Common Sergeant.
GUILTY . Aged 40.— Confined Three Months.
1750. CATHERINE KELL was indicted for stealing, on the 7th of August, 11 yards of mouselinde-laine, value 12s. 6d.; the goods of Thomas Francis Giles; and that she had been before convicted of felony.
THOMAS HODDER . I live with Thomas Francis Giles, of Powis-street, Woolwich. On the 7th of Aug., a little after nine o'clock, I saw this dress safe on the counter—I missed it before eleven—the prisoner was in the shop between nine and eleven, I am certain—I have seen it since, and know it to be my master's.
Prisoner's Defence. A woman sent me with it, and said she would give me something for me trouble.
GUILTY . Aged 52.— Transported for Seven Years.
Before Mr. Justice Wightman.
(From tlte evidence of George Edmund Farncombe Hatch, the surgeon, it appeared that the death might have been caused accidentally in the act of parturition.)
NOT GUILTY .
Before Edward Bullock, Esq.
1752. THOMAS BARNES BANKS, SARAH BANKS, WILLIAM ELFORD , and ELIZABETH ELFORD , were indicted for feloniously assaulting John Driscoll, on the 13th of July, and causing him a bodily injury dangerous to life, with intent to murder him; 2nd COUNT, with intent to do him some grievous bodily harm.
JOHN DRISCOLL . I keep a lodging-house in High-street, Woolwich. On Sunday, the 13th of July, Thomas Banks came to my house—he was tipsy and quarrelling—he said he would knock any person about that came before him—I begged him to be quiet, and said I would have nothing there but quietness, and if he wanted to fight he must go out into the street—I was sitting in my kitchen, and Edward Pickett alongside of me—Banks hit him a slap on the side of the face, then closed his fist and hit me in the face—he then pulled Pickett up and hit him with his fist—William Elford happened to come to the door, and Banks said to him, "Now, William, this is the time; go to work, my boy"—with that, William Elford hit me, and his wife, Elizabeth Elford, also hit me with the pitchfork—I fell, and while down, William Elford kicked me in the eye, and I do not know what happened after—I have lost the sight of it—I had done nothing but beg of them to be quiet—pretty-well all that were there made their escape out of the place when they saw them behaving in such a rude man-ner—I saw Sarah Banks in the place when the row happened, when Banks hit me.
Cross-examined by MR. O'BRIEN. Q. How long have you been living at Woolwich? A. About ten years—I keep a lodging-house—I cannot say there may not be disturbances there sometimes, not frequently—if there are any, it is in spite of me—this was the only time there was any disturbance there—William Elford had lodged at my house about three months—Elizabeth is his wife, but she came as his sister, an officer's wi-dow—I was not out with William Elford that day—I was not in any public-house—this occurred between twelve and one o'clock in the day time—nothing had occurred before Banks struck Pickett, except his using ugly words, and my begging him to be quiet—he told me he was a traveller, going about with reels, and collars, and such like—he was lodging at my place at this time with his wife—I did not hear Pickett ask Banks to treat him to some porter or gin—I had been sitting in the kitchen about half an hour before this occurred—there were a great number of lodgers there—Banks had his dinner at the fire, and he said he would not eat it before he had kicked any b—man in the house—he had come in half an hour before, and asked was there any boiling water?—an old woman who was there said "No"—he said, "How do you know, you b—y old mare?"—I went up to the station-house then, and begged the inspector to send some one down—I had had part of a quartern of gin with Banks about eleven o'clock that morning, in the lodging-house yard—his wife had two glasses—I would not have any more, as I did not feel well—I did not see Sarah Banks do anything—I have been suffering from weak eyes for about seven years.
Cross-examined. Q. Was there a great crowd? A. There was a parcel of women outside the door—I was outside.
ANN RONAN . I live with my mother, next door to Driscoll's. On Sunday, the 13th of July, between twelve and one o'clock in the day, I saw Thomas Bunks out in the back yard—he went in doors, and hit Pickett, and pulled oft his coat—Driscoll got up, and asked him to be quiet, and Banks hit Driscoll in the face—Driscoll had not done anything before that—I saw no provocation from anybody—I saw the beginning of it—Banks then pulled Pickett off the form—Driscoll was going to pick him up, when William Elford knocked him down, and when he was down kicked him in the eye with his foot—Elizabeth Elford took up a piichfork that was in the corner, and hit Driscoll with it several times about his body as he was on the floor—Sarah Banks took the poker, and gave Pickett several blows on his leg, and broke his leg—she did not touch Driscoll—I screamed "Murder," and ran away, and Banks and his wife ran out after me.
Cross-examined. Q. Where had you been that day? A. Out in the yard—I came in when I heard they were quarrelling—there ate quarrels there sometimes—I did not see Driscoll have hold of Banks by the throat, nor touch him at all—I was at the police-office—I have been with Driscoll since almost every day—I do not live there—my mother takes in washing—she does not wash for Driscoll's lodgers—this occurred in the kitchen—there was a man there with a wooden leg—I do not know his name—he went out when the fight began—there were two or three more lodgers there, but they all went when they saw it begin—I remained, but no one else—it was a hay fork that Elizabeth Elford had—she took hold of it, and stabbed Driscoll with it—she pushed it into him several times.
ROBERT BANKS PENNY . I am a surgeon, and live at Woolwich. On Sunday, the 13th of July, between one and two o'clock, Driscoll came to me—he was bleeding from a wound in the temple—(I found no other wound about him)—it was from a blow—it had injured the eye, and round about the margin of the eye was bruised—I think it very probable to have happened from a kick—I should call it an injury dangerous to life—the result of it was very alarming—he had inflammation of the eye, and that communicated itself to the brain for a time.
Cross-examined. Q. Where did you graduate? A. At the Free Hos-pital—I took my diploma from the Royal College of Surgeons, and I am a licentiate apothecary—I never had Driscoll under my treatment before—he was under my care very nearly three weeks—there was deep seated inflam-mation—the wound was about one-eighth of an inch deep—it is very indistinct now—I swear there was danger to life from that wound—he was suffering from concussion of the brain—he was partially insensible—he answered questions, and then relapsed again into a partial state of insensi-bility for four or five hours—I gave him small doses of calomel—I did not consider it necessary to bleed him—bleeding is recommended in some cases of concussion—it depends on circumstances—I have read works in which it is not recommended—I cannot give the name of a work, but there are plenty—I never read "Cooper's Surgery"—I gave him calomel and antimonials, and such treatment as I considered necessary—I did not use a hot bath—I considered him in danger until reaction took place—by rea-ction, I mean returning sensation or animation—that was about five hours—during those five hours I had serious apprehensions of his death—I am
a general practitioner—I did not call in any aid—I expressed no alarm, but I felt it—he remained in my shop about a quarter of an hour, and then I went home with him—he came to fetch me to something quite as serious—I treated Pickett before I treated him—I gave him calomel every three or four hours—I continued giving it to him for more than twenty-one hours—when reaction took place, inflammation of the eye came on, and I gave him calomel for that, to reduce the inflammation, which it does by preventing effusion and absorbing the liquids—the blow on the temple was recent—the wound was open—his eye was very much inflamed and full of blood when he first came to me—he had not then lost the sight—he lost it subsequently entirely, but I believe it was from the blow he had received.
JOHN WALKER (policeman.) On Sunday, the 13th of July, about half-past one o'clock, I heard cries of "Murder" at Driscoll's—I went, and he gave the four prisoners in charge—William Elford was not drunk—the others were—this poker, or bar, was pointed out to me, and a pitchfork.
Cross-examined. Q. Did you see Driscoll bleeding from the wound? A. Yes—after giving the prisoners into custody he came to the station, and pressed the charge—I should say that was near two o'clock—I did not take all the prisoners at the same time—I cannot say what became of Driscoll afterwards—I saw him that evening lying in bed—he came to the Court next afternoon, and gave evidence—he was very ill, and I got a pensioner to assist him out by the arm—I know Driscoll's house—I have been on duty about there two years—there have been two or three disturbances there that I have been called upon—I call that frequently—it is a very quiet neighbourhood—Driscoll might have been drinking, but he was perfectly sober when he came to the station.
THOMAS BARNES BANKS— GUILTY . Aged 35.
WILLIAM ELFORD— GUILTY . Aged 28.
ELIZABETH ELFORD— GUILTY . Aged 32.
Of an Assault.— Confined Twelve Months.
SARAH BANKS— NOT GUILTY .
1753. THOMAS BARNES BANKS, WILLIAM ELFORD, ELI-ZABETH ELFORD , and SARAH BANKS , were again indicted for feloniously assaulting Edward Pickett, and causing him a bodily injury dangerous to life, with intent to muider him.
EDWARD PICKETT . I am a stone-sawyer, and live at Woolwich; I have been lodging at Driscoll's since Christmas. On Sunday the 13th of July, about dinner time, I was sitting in the kitchen between Dris-coll and another man—Banks was sitting at the table at bis dinner—he came up cursing, swearing, and blaspheming, took out four or five half-crowns, clapped them on his hand, and said he would fight any man in the house—he had had a drop of drink, but was sober enough to know what he was about—he put himself in an attitude of fighting, and struck me in the face with his open hand—he then took me by the breast, pulled me up, struck me, and knocked me down, and when I was down Sarah Banks put her finger in my mouth, pulled my cheek, and caused a wound—she struck me frequently with this iron bar, at least, with some instru-ment; I could not see what it was—Banks had hold of me while I was down, and pulled my whiskers out of me—when I got up I could not stand on my leg; it was broken—I stumbled—Ronan's mother helped me out of the way—I was very much hurt.
Cross-examined by MR. O'BRIEN. Q. You did not feel anything the matter with your leg before you stumbled? A. Yes, I did—when I first tried to get up I could not stand—my leg was broken at that time—I do
not know whether Elford struck me, but his wife kicked me when I was down—there were seven or eight persons there, if not more—I had had a share of three or four pots of beer that day among seven or eight—I had taken no gin or whisky—I should have fallen down if the woman had not caught hold of me—I did not fall—I was examined at the police-court and made my mark to this deposition.
Q. Did you then state, "While I was down Sarah Banks and Elizabeth Elford struck me frequently with a hard instrument across my neck, and also on my head and leg: when I got up I stumbled, and then fell, and a woman came and took me out, and my leg was broken?" A. The woman helped me—whether I fell or not I cannot say—I cannot say whether I said so at the office; in fact, I was not sensible when I was at the police-office—I was so faint I was obliged to be shifted out of Court into a back room—I had seen Elford in the house before—I was away from the house three weeks, and had only come back on the Saturday night—I have been under Mr. Penny—my leg is not well yet, or I would throw my crutches away—I am sure my leg was broken while I was down—I was struck several times with the hard instrument.
COURT. Q. Where? A. In the neck and on the leg—my leg is broken just above the ancle—I did not fall upon any stool or anything—I fell on the floor—there were several stools there.
JOHN LASCELLES . On the 13th of July I heard screams of "Murder!" from Driscoll's house, which is next door to mine—I went and saw Pickett lying on the ground, and Banks kicking him most violently—I saw Sarah Banks go to the fire-place, take a bar of iron which is used as a kitchen poker, and strike him across the back part of the neck, once across the bottom part of the leg, and once across the thigh—she then put the poker down, put her hand inside his mouth, and tore it with vengeance, from whence the blood issued in torrents—I do not suppose Banks would have let go of Pickett had not a man said, "You are no man," and then he ran after that man; but he eluded him, and ran away—I saw nobody else do anything.
Cross-examined. Q. Were you there when Pickett fell down? A. No, he was on the ground when I went there—I did not see him stand up or lead out—I did not interfere, because there was no other man there but myself—I did not like to get a knock with the poker—I do not know whether Pickett's head was cut—his mouth bled like a slaughter-house—he was struck on the lower part of the leg, near the ankle—altogether he was struck three or four times—this is the instrument he was struck with—I had seen it previously in Driscoll's kitchen—I saw Sarah Banks take it from the fire-place—I was standing, looking in at the door-way—I did not notice the Elfords.
ROBERT BANKS PENNY . I am a surgeon. I went to Driscoll's house, and saw Pickett—I examined his leg, and found it was broken—it must have been broken from direct violence, for there was a large bruise on it, and the last time I dressed it it had hardly gone—it must have been produced by a blow from a hard instrument, or by a fall against something—a mere fall on the floor would not have-caused it.
Cross-examined. Q. How was it broken? A. It was an oblique fracture—a
violent fall would not have produced the appearances I saw—I have no doubt a hard instrument was used—he is doing very well.
THOMAS BARNES BANKS— GUILTY . Aged 35.
SARAH BANKS— GUILTY . Aged 27.
Of an Assault.— confined Twelve Months.
W. and E. ELFORD— NOT GUILTY .
Before Mr. Common Sergeant.
CHARLES SERLE . I am salesman to John Tighe, pawnbroker, Broadway, Deptford. On the 5th of Aug. the prisoner and another woman came to the shop—the other woman stood before the prisoner, and the prisoner took from the stall two pairs of boots—I saw her take them—I went out, and took them from under her shawl—she had got as far as the gutter, and told the other woman to come on, for she did not want any boots—when I took the prisoner, she said, "Don't give me the boots, I don't want them"—they are my master's.
Prisoner. I asked him the price of a pair, he said 3s.; I gave them back to him, and he struck me in the mouth; I have the mark now. Witness. I did not strike her; she said at the office that I did, and there was a medical man there who said the mark was not done then; the did not My anything about buying any boots; she said to the other woman, "Come on, you don't want to buy any boots tonight"—she had got about four yards from my stall—the boots were under her shawl, and quite covered over.
JOHN BURKE (City police-constable, No. 620.) I produce 4 certificate of the prisoner's former conviction, which I got at Mr. Clark's office—(read, Convicted, 16th Sept., 1844, by the name of Margaret Roach, and confined mm months)—the prisoner is the person.
GUILTY . Aged 22.— Transported for Seven Years.
GEORGE LLOYD . On Saturday afternoon, the 9th of Aug., I was entering the church-yard at Woolwich—I felt something take me on the left-hand side—it was a hook, but whether an umbrella or a stick I could not tell, but so violent was it, that the coat was torn off my back—I iras turned round, and at the same time a tremendous rush was made on my right-hand side—I drew back, and immediately seized the prisoner by thi wrist—I held him till we got through the gate, and the instant we got there, I said, "You rascal, you have attempted to rob me"—he said, "Sir, I am a gentleman, you are mistaken; I will give you my card"—I said, "I am a little accustomed to such gentlemen as you"—I collared him a second time, and looked for an officer, but did not see one—he made a dart from me, and rushed out of the gate—I lost sight of him—I re-mained with my friend, who examined my side to see where the wound was—in about a quarter of an hour I saw the prisoner going by in custody of two persons—I have not the least douht that he was the person—I had a watch on my right side as it is now—I ran and took him, turned him round, looked into his face, and said, "You villain, they have got you at last"—the officer told me to go to the station.
Cross-examined by MR. BALLANTINE. Q. I did not understand you to say you saw the person who twisted you round with the umbrella? A. No, I did not—when there was a rush it was not done by several persons, it was by a blow—I did not see who gave the blow, but I caught the prisoner's hand just at the spot where it was made, and secured him fast—I did not see that he had anything in his hand—the hand I caught hold of was close by my watch on the right hand—there were several people about—I do not know that they were close around me—my friend is not here.
WILLIAM GLADWIN (police-constable R 122.) On the 9th of Aug. I was on duty at the Dock-gates, Woolwich—the Queen was expected—the prisoner came to me about five o'clock, and said, "Will you have anything to drink?"—I said, "No, certainly not, you had better be off"—(I knew him)—I saw him go and stand by the dock-yard gate and put his hand in front of a gentleman—I afterwards saw him, in the church-yard, go by the side of a lady, and from what I saw I was induced to take him for attempt-ing to pick pockets—he said, "You are mistaken"—I said, "No, I am not"—he said, "Let me go and I will give you half a couter," meaning a half-sovereign—I said, "No, certainly not, you have got the wrong person"—he was very violent—I was forced to knock at a door and take him into a house, where he broke several chairs and things—I took him to the sta-tion—I found on him 6l. 10s. in gold, an umbrella with a hook to it, and some other things—as I was taking him to the station the prosecutor identified him.
GUILTY . Aged 22.— Confined Two Years.
1756. AARON STEINBOURNE was indicted for feloniously breaking and entering the dwelling-house of Jesse Birch, on the 10th of April, at Lewisham, and stealing therein 1 clock, value 10s.; 2 sheets, 4s.; 2 pillows, 4s.; 1 shift, 1s.; 1 cap, 6d.; 4 yards of calico, 2s.; and 1 key, 6d.: his property.
CAROLINE BIRCH . I am the wife of Jesse Birch—we live at Lewisbam—on the 10th of April I left my house—I locked the door and put the key in at the window—I shut the window and shut the outside shutter—I received information, and returned home about half-past three o'clock—I had then lost the sheets off my bed, the pillows, the cap, a shift, some calico, the key of my door, and a clock—the staple of my husband's box was drawn, but there was nothing in the box.
JOHN CARPENTER (policeman.) On the 19th of June I went to Union-court, Kent-street—in the first floor front room there, which is the prisoner's residence, I found this clock hanging up in the room and going—I also found this cap in the room—I examined a cupboard, and saw a piece of board had been recently removed—I removed it, and under it I found thirty-three skeleton and other keys, and amongst them was the key of the front door of the prosecutor's house—their house is in Lewisham, and it is their dwelling-house.
Cross-examined by MR. O'BRIEN. Q. Do you know how many lodgers there are in the prosecutor's house? A. There was at that time one lodger in the room above the room the prisoner was in—this is the key of the prosecutor's door—I also opened the prosecutor's door with one of these
skeleton keys—I suppose the keys I have got here would open five hundred doors—the house is inhabited by Mr. and Mrs. Sullivan.
Cross-examined. Q. How many people were living there? A. I live in the bottom floor, a stonemason and his wife lived upstairs—I do not know what the prisoner is—he is in the line of selling jewellery—he told me he had his license—I never saw him with a box or a pack—I have seen him come in and out—the first fortnight he was there a man was liv-ing with him—these keys were found under a board in the coal-cupboard—I was only in the house ten months—I do not know who was there before me.
GUILTY . Aged 21.— Transported for Fifteen Years.
JONATHAN SNASHALL . I am a fruiterer, and live at Greenwich. On the 26th of July I had a basket with forty-eight pounds of cherries in it—it was safe about six o'clock in the morning, and I missed it soon afterwards—they had been agreed for by a person named Walker, who is not here—I have not seen the basket since; but I have seen some cherries of the same description—I did not sell the prisoner any cherries that day.
Cross-examined by MR. BALLANTINE. Q. The prisoner was in the habit of dealing with you? A. A little—I have not sold her sieves of cherries—I have sold her 8s. or 9s. worth—I have a considerable business—I do not enter all my sales—I have no books to call it to my recollec-tion—the prisoner did not come to my stand at half-past five that day, in company with her daughter, to my knowledge—I will not swear she did not come—I will swear I did not sell her any cherries.
PRISCILLA BISHOP . I was at the market—I saw two baskets of cherries standing—I saw the prisoner move the packing off one of the baskets—I did not see her move the cherries—she was looking at them, thai was all.
Cross-examined. Q. Was not she told to leave them alone? A. Yea; and she said it was of no consequence, as one was her own—the prosecutor was there serving some cherries at the time.
MR. BALLANTINE called
NOT GUILTY .
of the prisoner—he laid hold of me, threw me down, kicked me on the mouth, the back, and the legs, and abused me—I afterwards found that I was wounded on the left hand, it bled a great deal, and I was under the surgeon's care nearly a week.
Cross-examined by MR. HORRY. Q. You have come up in custody from Maidstone gaol? A. Yes—I was committed for an assault—the Magistrate said I had been guilty of conduct of a very savage nature—I was sent to the treadmill for a month, and am now dismissed the force.
COURT. Q. How you got wounded you cannot tell? A. No.
CALEB TAYLOR . I am a surgeon. I examined the prosecutor's wounds; they were incised wounds, and must have been cut by some sharp instr-ument—they could not have been done by his falling down on a stone.
Cross-examined. Q. Do you mean that if a person were scuffling with another, and fell on a stone, the wounds would not exhibit such an appearance? A. It is not likely—the wounds were on the four front fingers of the left hand, as if cut by a knife—they might have been caused by a fall on a sharp stone.
THOMAS WESTBROOK (police-constable 290 R). I saw the prisoner kick Cottington in the mouth—he fell, but there was no glass or sharp stones there—I had the prisoner half an hour before Cottington came up—he had time to get this knife out of his pocket before Cottington came up—he kicked me several times—I had taken him for attempting to burst the pnhlic-house door open after twelve o'clock at night—when "Police" was called, I went up—he used me in this manner—then Cottington came, and he used him so.
Cross-examined. Q. Which pocket did you find this knife in? A. The prisoner's side coat-pocket—I swear that I did not knock the prisoner down—I never drew my staff at all—the prisoner did not say he would go quietly if I would let him alone—I swear there is not a bed of flint stones close by where we were—I did not see him with the knife open.
MR. HORRY called
GEORGE DEAL . I am a labourer, and live at Essex-place, Blackheath-hill. I recollect the night of this disturbance—there was something between us and the landlord of the public-house—the first officer that came up was West-brook—lie came up when the landlord called "Police," and laid hold of Norris, and chucked him down seven or eight times—that was before Norn's bad committed any violence—Norris had no knife, and I think it was impossible for him to have one—Cottington then came up, and they both had hold of Norris's arms, and chucked him down seven or eight times—I went and said to the policemen, "You ought to be ashamed of yourselves—you ought to take him quietly"—there were flint stones down by there—I was taken, and fined 10s. on the oath of Westbrook, for trying to rescue.
GEORGE BROWN . I am a labourer, and live in Dowling-street, Dept-ford. I was with Norris that night—when Westbrook first came up he seized Norris and threw him down several times—Norris had not then committed any violence on him—we were all sober—I had been to my club—I said, "Do not ill-use that man, if you are going to take him, take him in a fair way"—as soon as I said that, I was knocked down—I do not know by who, but I expect by a policeman—Norris then said to me, "Mind my hat"—it was knocked off and lost.
NOT GUILTY .
Before Mr. Common Sergeant.
1759. JOHN SMITH was indicted for stealing, on the 1st of Aug., at Wimbledon, 1 dish-cover, value 6.; and 1 image, 12s.; the goods of Peter M'Evoy; and 15l. Bank-note, and 2 sovereigns, the property of John Bradfield; in the dwelling-house of the said Peter M'Evoy.
JOHN BRADFIELD . I am footman in the service of Peter M'Evoy, of the parish of Wimbledon. The prisoner was his butler—on Friday, the 1st of Aug., about half-past six o'clock, he left the house, and I missed a silver image and dish-cover of master's, a 5l. note and two sovereigns of my own—the dish-cover is worth 5l., and the image 30s.—these are the articles.
Cross-examined by MR. PAYNE. Q. How long was he in your master's employ? A. About three weeks—he was a, little intoxicated the day be left, but not so much as the day before
JOHN BUCKINGHAM (policeman.) About eleven o'clock at night, on the 1st of Aug., I saw a dispute between the prisoner and an omnibus condoctor about the fare—he offered the silver image in lieu of the fare—I took him into custody with the image.
Cross-examined. Q. Had he any money? A. A 5l. note was found on him, but no smaller money—he was very much in liquor, and took the image from inside his coat.
Cross-examined. Q. Was he not very drunk? A. Yes, and refused to give any account of himself.
GUILTY . Aged 35.— Transported for Ten Years
GUILTY . Aged 38.— Confined Four Months.
1761. JOHN HUTCHINSON was indicted for stealing, on the 11th of Aug., at Lambeth, 37 spoons, value 26l.; 2 pairs of sugartongs, 1l.; 1 salt-cellar, 1l.; 1 punch-ladle, 2l.; 1 ring, 2l.; 1 account-book, 2l.; 1 desk, 1l.; and 1 5l. note; the property of James Lampard, in hia dwel-ling-house; to which he pleaded
GUILTY . Aged 25.— Confined One Year.
THOMAS PHILIPS . I am a coal-merchant, and live at Wandsworth. The prisoner was employed to paint a house of mine—the lead was not taken from there, but from some new building at the Bridge-fields—I saw it safe on Monday morning, the 11th of Aug.—the policeman came to me at eleven o'clock that night, and produced it—I have marks on it—the prisoner was working 300 vards from those houses.
Cross-examined by MR. CHARNOCK. Q. Who is Dolling? A. A plumber
—they are Mr. Frost's workmen—Dolling was working where the lead was taken from—he was taken up, till the Magistrate discharged him—after committing him he turned him into a witness—the prisoner had worked there some weeks—he said before the Magistrate that Dolling was present when he moved the lead from the kitchen, and knew where he was going to take it.
WILLIAM REED . I am a constable. On this Monday night I watched the prisoner into a marine-store shop with this lead—I went in directly, and took him—he acknowledged he was going to leave it there—he said he brought it from Dolling, who knew he was bringing it away to sell—I went and took Dolling, who said it was Phillips's lead, and that he had taken it home to take care of.
Cross-examined. Q. You went in and asked what he had got there? A. Yes—he immediately said, three pieces of lead; that Dolling gave it him to sell, and that the apron it was in was Dolling's wife's, which he acknowledged.
THOMAS DOLLING . I did not steal this lead—I had been working at the place, and brought it home to take care of it—I had to go to Battersea, and had not time to take it to Phillips's—I put it into my kitchen about a quarter to two o'clock in the day, and then went to Battersea—I returned about six, but did not go to my house—I went to the shop, staid there till about eight, and then went home—I did not miss the lead till it was found—I never authorized the prisoner to take it from the house, and did not know of it.
Cross-examined. Q. How long were you in custody I A. From nine o'clock till the morning—I left my wife at home when I went out—I believe this is her apron, but I do not know it—I had no permission to bring the lead from the premises, further than it was in my charge—it should have been taken to Phillips's at dinner time, but I had to go to Battersea—bricklayers and slaters were on the premises when I brought it away—I carried it on my shoulder.
NOT GUILTY .
MARY MASKAL . I live at Wands worth. I was married to the prisoner on the 6th of July, at the Baptist chapel, Clapham-common—he was married in the name of Beanham—I have known him since March—I was a laundress—I had no money.
Prisoner. I married her because she was going to make away with herself. Witness. There is no truth in that.
THOMAS JENNINGES (policeman.) I produce a copy of the marriage register, which I got from the prosecutrix—I have examined it with the original in the Registrar's-office in Surrey—it is a true copy—(read)—I have a certificate of the first marriage of the prisoner to Sarah Vallance, at Mitcham church, which I compared with the register—it is correct—(read)—I took the prisoner into custody.
MARY ANN BETTS . I am the wife of Joseph Bttts, of Mortimer-market, Tottenham-court-road. Sarah Vallance is my sister—I was not present at her marriage—the prisoner and her always lived together as man and wife—she is living now—he has never to say left her.
Prisoner's Defence. She told me she would make away with herself, and I am sure she would have done it.
GUILTY . Aged 40.— Confined Eighteen Months
Before Mr. Justice Wightman
1764. THOMAS CURTIS was indicted for feloniously assaulting Jane Curtis, and cutting and wounding her on her head, with intent to disable her:—2nd COUNT, stating his intent to be to do her some grievous bodily harm.
MR. CLARKSON conducted the Prosecution.
JANE CURTIS . I am the prisoner's wife. He is a tinplate worker—we have no settled place of residence—we lived last winter at Croydoo, and go about from place to place—on Monday, the 28th of July, we were at Coombewarren, part of which is in Wimbledon and part in Kingston—between six and seven o'clock that evening my husband went out to throw away some punches which he uses in his trade—my son Thomas went to prevent his throwing them away, and my husband struck him twice—I went up to them to part them—I pushed one one way, and one the other—my little child had a soldering-iron in his hand, which my husband uses in his trade—my husband went and took it out of his hand, and ran after my son, who went towards the water—he went through the water after him, by the wood side—my son got to a bridge, and went over the bridge—the prisoner then left him, and came back after me—I jumped into the ditch to save myself, and he jumped in upon me, and struck me with the solder-ing-iron on both sides of uiy head—I was stunned—when I came to myself my son was alongside of mev trying to get me out of the ditch—my husband was gone away—I lost a good deul of blood from the blows—my son got assistance, and had the prisoner taken into custody, between seven and eight o'clock—between eleven and twelve o'clock that night I was taken to Mr. Fennell's, the surgeon, at Wimbledon—Mr. Scaife, his assistant, examined my head, and dressed it.
Prisoner. They pitched into me first; I was obliged to take my own part; there was four of them on me; I was not right in my head, and my wife struck me besides—she knows I have been out of my mind, and I was in trouble, and did not know what I was about. Witness. I did not strike him—he has lost property which belonged to him—he jumped into a well, and the doctor at Croydon attended him—he never drank Ixjer—God knows whether he knew what he was about—he has been very bad in his head for a good while—we have had a deal of trouble.
THOMAS CURTIS, JUN . I am the prisoner's son. I make door-mats and clothes-pegs, and live in Dowing-street, Deptford—I do not go about the country—on this evening I had done nothing to affront my father—I went to him to stop him from throwing the punches away, because they were used in the business, to stamp names in the beer-cana—he struck me with his fist—I had not struck him at that time—my mother came up directly after to stop him from striking me—my little brother was near him, with the iron in his hand—he took it out of his hand and ran after me—I had struck him before he ran after me, when he hit my mother—I ran into the water to avoid him, and at last succeeded in getting away from him—I was going down the road and saw him run after my mother—I went back, and saw him strike her twice on each side of the head with the iron—she
was hurt a good deal and stunned, and remained so five or six minutes—she did not strike, or attempt to strike him.
Prisoner. Q. Why did you strike me before I touched you; and why did you all pitch upon me? A. I did not strike him before he struck my mother—then I did—in the ditch—he has not been in his right mind for the last six months, not in the least.
CHRISTOPHER SCAIFE . I am assistant to Mr. Fennell, a surgeon at Wimbledon—the prosecutrix came to our surgery on Monday, the 28th of July, about eleven o'clock at night, and showed me two severe wounds that she had received on each side of her head—they were lacerated and contused, such as might be produced by any blunt instrument, such as this iron—they must have been inflicted with considerable force—I considered her life in jeopardy at the time, and up to about a week ago.
WILLIAM GREVETT (police-constable V 109.) About eight o'clock on Monday evening, the 28th of July, the prisoner was brought to me at Wimbledon, and given into custody—I afterwards received this iron from Jane Curtis.
Prisoner. Q. But you did not receive the stick from my son Thomas, that he beat me with? A. I saw no stick—I saw no injuries about your head only a little mark on the neck, which I understood was done by a knife.
Prisoner's Defence. Do you bring it in guilty or not guilty, gentlemen? I should wish you to speak the truth and nothing but the truth; my son, Thomas, beat and knocked me about the head with a stick, which he chucked away, because it should not be brought before the magistrate; he beat me about the head with it, and stunned me; my head was beat all to pieces, and I could not get my things on or off—I know very well I have not been right in my head, and they served me very bad indeed, and beat me with the stick.
REV JOHN DAVIS . I am ordinary of Newgate—I have repeatedly seen the prisoner since he has been committed, and have visited him in the infirmary—he has always spoken very incoherently, never giving a straightforward answer—he seemed to me to be a person with a certain degree of deranged intellect.
NOT GUILTY, being insane.
Before Air. Common Sergeant.
1765. ROBERT HAINES and MARY ANN JACKSON were indicted for a robbery on Elizabeth Terrell, on the 5th of Aug., putting her in fear, and stealing from her person 1 shawl, value 15s.; 1 parasol 4s.; 1 purse, 6d.; and 9 shillings; the property of Peter Terrell, and beating, striking, and using other personal violence to her.
ELIZABETH TERRELL . the wife of Peter Terrell, and live in Victoria-place, Locksfields. On Tuesday morning, the 5th of Aug., I was crossing the ruins near the pinfactory, near the Borough—I was alone—I met a man and woman, and the moment they came to me the man struck me in the mouth and knocked me down—I had not spoken to him—the woman took my shawl and parasol from me while I was down, and the man took my purse and 5s. from my pocket—the prisoners are the persons—I am quite certain—my property has not been found.
Cross-examined by MR. HORRY. Q. What time was this? A. Near upon two o'clock—I had been to Vauxhall with a friend, but was by myself at the time—I left my friend at Vauxhall and came back alone—this
happened in the London-road—I had not been talking to anybody before it happened—I was quite sober—I had taken one glass of gin before I left home, and while I was gone I had half a pint of beer—I drank no gin after leaving Vauxhall—I do not follow any business—my husband is a day-labourer, and works with Mr. Smith in Gravel-lane—nobody told me I should lose my shawl it hung so loosely—the female prisoner was discharged at first before the Magistrate—I did not give her into custody a second time—I did at first—the male prisoner was not in custody at first—he was taken afterwards, and then she was taken again.
LYDIA CHERRY . I am the wife of William Cherry, and live in Middle-sex-street, Whitechapel. On Tuesday morning, about half-past threeo'clock, I was coming home from Vauxhall, and saw the female prisoner insulting the prosecutrix—I fancied they were companions, and did notinterfere till they got a long way down the road—the prosecutrix said to her, "Do leave me, pray leave me; you have robbed me of my shawl, aparasol, and 9s. from my pocket, what more do you want?"—she would not leave her, but kept pulling at her bonnet, and got the string undone—I then stopped them, and asked what was the matter—the prosecutrix said she had been robbed—I said to the prisoner, "Did you see this woman's shawl on her back when you first met her?"—she said, "Yes, I did"—I said, "Give her her shawl"—she said, "What is it to you?"—I said to theprosecutrix, "Give her in charge"—the prisoner herself then called for thepolice—the policeman came up, and the prosecutrix gave her in charge—I did not see the man.
Cross-examined. Q. The prosecutrix complained of losing some things? A. Yes—the female prisoner was walking behind her, trying at her bonnet—the prosecutrix said, "Do let me go"—I said, "Why don't you let bet go?"—the prisoner said, "Look at her handkerchief, she will lose it"—I said, "She has no handkerchief on"—she did not say, "I won't leave you alone, because you have charged me with robbery, and I am innocent"—she tried to get away twice from my husband, who had hold of her—he is not here—he is in the country—he gave her to the policeman.
GEORGE WILD (policeman.) Jackson was taken into custody, and discharged on the 8th—I watched her—she joined company with some more females, and went to a public-house about five minutes' walk from the police-court, where she fell into company with Haines—they remained there, and I went for the prosecutrix to identify him—they came out of the public-house, and went up the Borough-road—she said, "That is the man"—she was very much fatigued, and I let her go back to the Court—I fol-lowed the prisoners together round different streets—they separated at Park-street, near the Borough-market—Jackson went down a court into a house—I went there, knocked at the room door, and found the prisoners both there—Jackson claimed the linen that was there—they have lived together there as man and wife for seven years.
HAINES— GUILTY . Aged 34.— Transported for Fifteen Years.
JACKSON— GUILTY . Aged 26.— Confined One Year.
Before Mr. Baron Platt.
MESSRS. RYLAND and PRENDERGAST conducted the Prosecution.
ENOCH EVANS . I belong to the Mary and Margaret sloop. On the 22nd of July, about ten o'clock in the morning, I was employed with some other persons to unmoor the Culloden—I was in the long-boat of the Culloden with three other men from the Culloden—she was about sixteen feet long—I cannot say what width—the Culloden was moored at the upper tier off Horsleydown—I had seen them unmoor the head chain a little before—I was not with them then—I went with them to unmoor the stern chain—we had not got quite to the bend of the chain—we were under the chain getting towards the end—that is the way we usually go to unmoor the chain—while we were doing it a steam-boat passed by—I do not know the name of her—it caused a heavy swell, which filled the boat, and it sank—we were under the chain—the chain was not quite taut before the steam-boat passed—I do not know whether the swell had any effect on the chain—we were overset, and the boat sank—I hung hold of a waterman's boat, and was saved—the other three men were lost—I have unmoored vessels before, and went to work exactly in the same way as I did on this occasion—I have seen the same steps taken to unmoor vessels as we took—we unmoor the head first, then the stern—I have got under the chain before—I have unmoored vessels in the Thames before in the same way—I cannot say whether any steamer had passed before this.
Cross-examined by MR. CLARKSON. Q. You have seen steam-vessels navigate the river before? A. Yes—some large steamers are very sharp at the bow—the principal swell is made by the paddle-wheels—it is accord-ing to the breadth of the place—I am a stranger to steamers—the Culloden was lying the last but one next the shore on the Surrey-side—I cannot say whether there were six vessels in the tier—I dare say there were four vessels between the Culloden and the centre of the river—there was room for more than three persons to sit on a seat in the long-boat—she was sixteen feet long—her breadth answered to her length—I do not know how broad she was—the Culloden's head was lying down the river—she was not an-chored—there are no anchors put down there—moving the head chain did not bring her head round—she had no room to bring her head round—a rope passed from the bow, and made her fast to the other vessels—the moor-ing chain was not very large—it was the vessel's working chain, her chain cable—she is a brig, a coaster, and was carrying oats from Ireland—a chain lighter is much larger than a long-boat—a chain lighter is not the proper vessel to take up mooring chains—I have seen them used to moor them, but not to unmoor—it is easier to unmoor them with a long-boat than with a lighter—I do not know that it is done to save expense—I never saw any danger in it—the long-boat was not rotten—my captain sent me to help them—we got under the mooring chain with the long-boat—we were hauling at the chain, having got it into the rullock at the stern of the long-boat.
Q. And as you pulled it, it drew the stern of your boat down? A. We were not doing it so fast as that—the mooring-chain would not press on the stern of the boat—we were not strong enough for that—I cannot tell what length the chain was—we were pulling her fore-and-aft, all four of us, one behind the other—we were not pulling at her as hard as we could—we did
not break in the stern of the long-boat—it was broken when the swell came, the chain pressed the boat down—the boat by which I was saved was a water-man's skiff—it was about two or three yards from me—I jumped as far as I could, and got into her—the skiff rose to the swell, being loose—she was right astern of us, between us and the next tier—I was not near enough to the skiff to jump into it—I jumped into the water, and reached into the skiff—our boat was going down when I jumped—it sunk down when I was jumping—the headchain was resting on the stern of the boat at the time—I did not see a Greenwich steamer passing up—I saw the guard-ship of the Custom-house there—I did not see the Custom-house cutter—I have seen many steam-boats pass by before, when we have been rais-ing the chain—the chain was over the bow, and the stern too, when the swell took place, and kept the boat down—it went over the whole length of the boat—the gunwale was twelve or fifteen inches out of the water at both ends.
MR. PRENDERGAST. Q. What was the effect of the swell on the water-man's skiff after you got on board? A. A good deal of the swell was past at that time—the skiff was a good deal affected by it, pitching up and down—I rowed the skiff in—we tried to pick up the other men, but the tide took them under the vessel.
COURT. Q. How was the stem-chain, was it nearly level with the surface of the water, or was it higher at one end than the other? A. One end was in the ship, and the other on the ring—it came out of a hole in the ship, higher than the stern—the chain was aslant, not near level—the ring was below the surface of the water more than a fathom—the water did not get into the well of the skiff which I got into—I was more tban five fathoms from the post the ring was fastened to—I could see from four to six feet of the chain out of water from the stern of our boat—I cannot say how far the bow of our boat was from the Culloden—it was more than four fathoms—the head was towards the Culloden, and the stern towards the ring—I jumped from the seat into the stern of our boat—the water was over the seat at that time—I was above my knees in water then—the other men were then in the boat—I and the mate stood foremost in pulling in the chain—we stood two and two.
WILLIAM WILLIAMS . I am commander of the Milford packet. On Tues-day morning she was lying in Uppertier, Horsleydown, close alongside the Culloden, on the south side—I was on board my own vessel—I knew David Davis—I saw him, and Evans, and two others in the Culloden's long-boat, in the act of unmooring the stern chain—I had seen the fore-chain unmoored about a quarter of an hour before, I was down with them, and helped them—they did that safely—I had known the Culloden's long-boat before that time—in my opinion she was big enough and stout enougli for that service—the men appeared to be unmooring the stern chain quite in a proper way, as I should do it—the usual way is to get the chain into the scullage—they were hauling on the stern—they were underrunning the chain—the boat was under the chain—they must put her in that position—there is no other way of doing it—as they get the chain in, it passes over the stern of the boat, one end hanging over the bow, and the other over the stern—about a quarter after ten I saw a steam-boat, but did not notice her name—I saw the swell coming from the steam-boat—it was a very heavy swell—it was after the steam-boat—I could not observe at what rate she was travelling.
COURT. Q. Did you observe anything particular about that steam-boat, different from any other steam-boat? A. No—I went to save the
men's lives—I saw the steam-boat before the men were in the water—I saw her coming down—I saw nothing particular in her speed—she made a tremendous swell—I saw nothing remarkable about it.
MR. RYLAND. Q. Did you see the Culloden's long-boat? A. Yes—the swell caused her to go down—she went down, and three of the men went down with it—I saw David Davis after he was found—he was mate of the Culloden.
COURT. Q. What made the boat go down? A. The swell of the steam-boat—I did not think the wherry would go down too, because there was nobody in the wherry, and there were four men in the long boat—that would make the danger, and the chain as well—she could have stood the chain, except for the swell of the steam-boat—I do not know whether she would have floated if she had not had the chain over her—I do not know why the wherry floated—part of the chain was under the water—the water rose over the chain, boat and all—the chain would not have kept the boat down but for the swell.
EPRAHIM KEATING . I am a waterman on the Thames. On the morn-ing of the 22nd of July, about ten o'clock, I was off St. George's-stairs—I saw the Isle of Thanet steamer come by—my boat was still at that time—I was in it—the Isle of Thanet did not make a great swell, not more than 1 have seen her make—after she had passed I looked up the river, and saw the Prince of Wales coming down fast, at about twelve miles an hour, I imagine—she produced a very great surf, which caused me to shove from the shore, to take care of the boat and myself—she passed me outside, in the middle of the river—as she passed I saw the boat which was unmoor-ing the Culloden—she was pressed down in the water by the Culloden flying ahead, and turning, and her chain pressed her down in the water—the Prince of Wales drove her down—it was an hour and a half before low water—the tide is strong at that time—she was pressed down, and the boat went into the water—the boat threw her ahead, and tightened her chain, and pressed down the boat—the young man who was saved got into a boat—I was in another boat at that time, not in my own—I rowed towards the others, and endeavoured to save them—the swell of the Prince of Wales prevented my going as fast as I could—when I was within about twenty feet of the men the Ruby came down, and the chain tightened under my boat—the river is not crowded near Horsleydown-pier—there were six or seven vessels there—I think the speed at which the Prince of Wales was going was not proper, because it causes such heavy swells and jerks to the boats on shore, and damages them—the swell of all the steam boats does that—the swell is in proportion to the speed and size of the boat—it is more necessary to use caution, and to go slowly at this state of the tide, than at other times—the tide itself would drift a boat four or five miles an hour down the river, without working the vessel.
Cross-examined by MR. CLARKSON. Q. Why is it more necessary to use caution an hour before ebb than any other time? A. Because the water is lower, and there is not so much room for it to expel itself—the narrower the water the greater the swell—at ebb it would require more caution—the Culloden was lying the last vessel but one in the tier, next but one to the shore—the Prince of Wales was not above forty feet from the outermost vessel of the tier—those four vessels are about twenty feet each in the beam—I saw the Custom-house cutter—she was lying astern of the tier, on the outermost side—she was about twenty feet wide—the Prince of Wales was just about leaving the tier at the time I saw the men sinking—she
was passing the tier—the Isle of Thanet had passed rather more than half a minute—it was the swell caused by the passage of the bow of the vessel through the water which caused the accident, by the effect of the steamer carrying her headway through the river—all the steamers go fast down the river, but sometimes they are forced to ease.
Q. A boat getting from London to Black wall in forty minutes would not show the pace she was going through all the voyage, as she would be obliged to ease at times? A. Yes, they would make greater speed when they got below the tier—Evans did not get into my boat—my boat was hanging on to the stern of the barge—it is a wherry—I was about fifty or sixty feet from the long-boat that was raising the chain—the boat the man taved himself in was touching the Culloden's boat—I was not touching that—he got into the boat by laying hold of her and scrambling into her—he was half in the water—the Culloden was moored stern upwards with the previous tide—in my judgment it was the swell the steamer threw forward, when she passed by the tier, that capsised the boat—it lifted the boat forward first, then tightened the chain, and threw her down—this was between London-bridge and Limehousereach.
COURT. Q. You say the swell of the Prince of Wales made the Culloden heave ahead? A. Yes—she could have flowed ahead if her head had been moored downwards—the mooring chains gave sufficient play for any vessel to go ahead with any swell—I observed the swell of the Isle of Thanet—I believe that had no effect on the Culloden, it made so little swell—I did not notice much whether any head was made by that swell—I did not get my boat from the shore then—I did not observe any swell from her at all—I cannot say at what rate she was going down the river—I took very little notice of her—I saw her go pa%t, that was all—she might be going at eight miles an hour at the time she went past—I mean eight miles down the river, including the speed of the tide—the spring-tide goes about four miles an hour.
Q. Do you consider it prudent when steam vessels come down the river to get under the chain of a vessel in this way in a boat? A. I have seen the same thing done with boats before and afterwards—I do not consider it prudent, if they know the boats are coming down—persons acquainted with the river would know the time the steam-boats were to be expected down, and then it would not be prudent to get under the chain—I do not know that there is any part of the day at which steam-boats do not come down the river—I have seen them at all hours, from day-light to dark, one boat or other.
MR. CLARKSON. Q. Do not they know perfectly well that ten o'clock is the hour at which a great many steam-boats start from Nicholson's-wharf and London-bridge? A. I am acquainted with it—five or six vessels pass down about ten o'clock—there is a Woolwich boat, a Greenwich, a Rams-gate, a Margate, and Gravesend boat.
HENRY COOPER . I am a working barge-builder—I am a good deal afloat on the river—I have been out of my time twenty-four years, and have been on the river about thirty-five years—on the morning of the 22nd of July I was on shore near St. George's-stairs, repairing a barge, rather above Horsleydown-tier, and not more than fifty or sixty feet from it—I first saw the Culloden's boat, with four men in her, underhauling the stern chain—they were doing it as I have seen it done scores of times—I saw the Isle of Thanet go down the river—she went at a good speed, from ten to twelve
miles an hour—she made a tidy swell—it had the effect of moving the Culloden's boat, but did no mischief—after the Isle of Thanet had passed I saw the Prince of Wales come down—I should say she was coming at twelve miles an hour—the tide was an hour or a little more before flood—it runs pretty strong at that time—the Prince of Wales made a very heavy swell—it was caused by the force of her paddle-wheel, I suppose—in coming down, passing the tier, she draws the water off the shore before she comes to the tier, and when she goes by, what she has pulled off the shore comes in again, and that forces the vessels ahead—I observed that she did draw a quantity of water off the shore, the length of twelve or fourteen feet—she made bare the shore, I should say she flooded; and threw up against the piles, as the water returned on the shore—the Culloden's boat laid astern of the tier—a Custom-house cutter was between her and the tier—she was moored head and stern—the Culloden's boat went down by the stern when the back water went on the shore—I should safe it was not safe for a steam-boat at that part of the river, and in that state of the tide, to travel at twelve miles an hour—in my opinion, if the Prince of Wales had been going only five or six miles an hour, she would not have caused the least injury to anybody—five miles an hour is the proper speed in the Upper Pool.
Cross-examined by MR. BODKIN. Q. If I understand you rightly, the boat was filled by the swell of the Prince of Wales steamer? A. I have not said so—she was swamped by the back water, not from the swell of the paddle-wheels—it was not from the surf pushed before her—that was not the cause of the accident—these vessels are generally very sharp in front—the Prince of Wales is sharp—I cannot say whether she was as sharp as the Isle of Thanet—I noticed the drawing of the water from the shore when the Isle of Thanet passed—the Prince of Wales had just gone by when I saw the boat go down—she was at the head of the tier—I saw another ves-sel behind her—I should say it was the swell caused by the Prince of Wales solely that occasioned the swamping of this boat—if there are two or three vessels going down, one of course helps the other—I have said the Isle of Thanet helped the swell of the Prince of Wales, and I say so now—I never said the two together did the mischief—I am sure of that—my deposition was read over to me before the Coroner, and I signed it—I never, to my knowledge, said the two together did the mischief—I said the swell of the Isle of Thanet helped the Prince of Wales, but it was the Prince of Wales sunk the boat—two boats make more swell than one.
COURT. Q. If it had not been for the Isle of Thanet, in your judg-ment would the Prince of Wales have done it? A. Yes—if the Isle of Thanet had not gone down before, the Prince of Wales was enough to sink the boat—I should say the tide was running down at six miles an hour—I should think the vessel was going six miles an hour through the water, and the other six through the tide.
GEORGE MADDOX . I am an inspector of the Thames-police. On the 22nd of July I was near St. George's-stairs, about a quarter past ten o'clock—I saw some seamen in a ship's boat underrunning a chain, I suppose to cast the chain off—I have been familiar with the river some time—it is the usual mode of unmooring small vessels—this was not above 100 or 110 tons—I never saw it attended with danger before—I have seen it done many times both before and since—it is done by a chain lighter in large vessels—they do it in small vessels to save the expense—it generally costs
about 7s. to heave the moorings up—it is not usual for small vessels to employ chain lighters—I saw the Prince of Wales coming down the river—I should say, to the best of my belief, she was coming at the rate of eight or ten miles an hour—she produced a very heavy swell—if we had not held our boat out we should probably have sunk or been turned over—the swell caused the boat to go down—I saw the men in the water—a vessel cannot go at that rate at that part of the Pool without the greatest danger—five miles is the speed at which a vessel can go with safety in that part of the river—if she had been going at anything about that rate I do not think any danger would have followed.
Cross-examined by MR. CLARKSON. Q. Have you been brought up to the river? A. No—I have taken to it since I have belonged to the Thames-police—in my opinion it is not consistent with safety for a steam-vessel to go through the water at a greater rate than five miles an hour—I should give, probably, three miles, or three miles and a half to the tide—it de-pends on the wind, and a mile or a mile and a half to the navigation—I never took the helm of a steamer of 120 feet long, and know nothing about it—I did not see the skiff into which Evans stepped—our boat draws three or four inches of water when persons are in her—she is a policegalley built with round bows—she is like a skiff, with a bluff bow—three of us were in her that day—she might draw five inches then—I did not see the skiff lying alongside the long-boat—my attention was drawn to saving the people—I did not see the boat in which Williams was—the rate at which steamers traverse the Pool is very uncertain—some eight, ten, and twelve miles an hour—they are in the constant habit of travelling at that rate—steamers go to Blackwall at that rate—I have seen the Lord Mayor going down, not in a steam-boat—he has a boat—on purpose—that goes as fast as four or five miles an hour—I do not know any steamer that goes at the rate of five miles an hour through the Pool—I never knew one go at that rate since steamers have been invented.
MR. PRENDERGAST. Q. Would the wind make a difference in the tide? A. I should say it would, a difference of a mile or a mile and half—I have been familiar with the river eighteen years.
COURT. Q. In what state of the wind and tide might it ran six mflw an hour? A. When the tide is running down, and the wind west or south-west, blowing hard.
JAMES JONES . I am a constable of the Thames-police. I was on board the Thames-police cutter, on the 22nd of July, with inspector Maddox and another, about fifty or sixty yards from the upper tier, Horsley-down, on the Surrey shore—I saw the four men in the Culloden's boat underrunning the chain—they had very little of the chain in when I saw them—I have been familiar with the river sixteen or twenty years—what they were doing is what I have usually seen with small vessels, coasting vessels—they underrun the chain, and let it go from the ring—we very often see the boats do it—from what I saw of their boat I should say it was sufficient for such a job—as I put my head round in rowing I saw the Prince of Wales coming down, just above the Horsleydown tier—it moved the boats off the shore then—she was coming perhaps at the rate of eight or ten miles an hour—it was within an hour of low water, and I believe it was spring-tide—the tide does not run more than four or five miles within an hour of flood—she would not exactly drift at that rate unless there was something to draw her on—if a boat was coming down with the tide at five miles an hour, a power of two or three miles an hour would carry her
through—to the best of my belief she was coming at the rate of eight or trn miles—when she got opposite the Billy-buoy tier above where the Culloden lay, the water began to draw off the shore, and after she got by the tier a very heavy swell came in—I could not see whether that swell had any effect on the Culloden's boat, for I did not see it after that—I saw the swell when she passed the Billy-buoy tier—she drew the water off there, and after she came about there she made a swell—the Billy-buoy tier is above—after passing the tier I heard a cry of "Men overboard"—the draw off of the water had no effect on our boat—we had to keep the oar to keep us dry, to get out into the water further from the shore to get out of her way.
Cross-examined by MR. CLARKSON. Q. The nearer you got to the swell, and kept ahead of it, the safer you would be? A. Yes—if we had been made hard and fast astern we should not have been able to ride—I have examined the Culloden's boat—I could not see that she was rotten—the mooring chain was about as thick as my arm—we bring it through the ring, and make a bite, which causes a bend—the ring is made fast to the chain which secures the stern—you must pull one chain against the other to force the chain, which is secured to the lower one, to get to unbend it—if the chain lay fore and aft, the boat's stern would be pulled down, and the head cocked up—there is always a portion of the boat pulled into the water when it comes near the ring—there would be no difficulty in pulling her from under the runnage, and pulling her out of the water if they knew the steamer was coming—I should say the Prince of Wales was not going at more than eight or ten miles an hour—I should think she did not go less than eight, or more than ten—in my judgment, a vessel must have a power on her to the amount of two and a half or three miles an hour to keep her under steerage way—it is a rule of the Corporation that they shall not go faster than five miles an hour—the only way to prevent her going faster is to ease the steam—there are vessels that go down at the rate of five miles—they can back her—I always found that they make most swell when going with the tide—the swell from the ship's bow drew the water off—the bull of the steamer itself occupies a space in the water, and as she goes on that space is filled up, which draws the water from the shore—there was a swell left behind after she was gone—it was not that that swamped the boat—I cannot tell which it was—I saw the Prince of Wales when off the Billy-buoy tier, which is a very short distance from the tier where the Culloden was—(looking at a plan)" they were upwards of 100 yards apart.
MR. RYLAND. Q. Which was it drew the water off the shore, the power of the steam or the strength of the tide? A. The power of the steam—a sailing vessel coming down at eight or ten miles an hour with the tide will not do it, or make any swell.
COURT. Q. Not make way behind her? A. No, not to be observed—the quantity of water drawn from the shore and thrown back after the boat passes depends on the power of steam on the boat at the time.
JOSEPH GEORGE . I am a Thames police-constable. On the 22nd of July, about a quarter or half-past ten o'clock, I was at St. George's-stairs, in company with the other constable, and saw the Prince of Wales coming down the river, from eight to ten miles an hour—she drew the water off the shore about fourteen or fifteen feet, and then sent it in again—during the time we were shoving our boat off, we turned round, and heard cries of "Men overboard"—we could not go to their assistance, the swell was so
great—we should have risked our own lives in so doing—we rowed round—we saw three persons in the water—the swell of the Prince of Wales caused the boat to overturn—if she had been going along at a moderate rate the unmooring might have been safely done—there would have been no danger had she gone at the ordinary speed—eight or ten miles an hour is a speed dangerous to the navigation of the river—there must be great danger from a steamer going at that rate.
JOSEPH JOHN SAUNDERS . I am a fellowship-porter and a waterman. On the 22nd of July I was on board the Water Lily vessel, in the same tier as the Culloden lay, at work on deck—I saw the Isle of Thanet go down—she passed along at from eight to nine knots an hour—she did not leave much swell—from two to three minutes afterwards I saw the Prince of Wales go down—there was no swell left behind from the Isle of Thanet when the Prince of Wales came down—she was going at about the rate of twelve miles an hour, to the best of my judgment—I had not observed the Culloden's boat with the men in her—I heard a cry of "Men overboard"—the Prince of Wales was then nearly opposite the tier, near the Culloden—there was a very great swell at that time—it set the whole ships in motion—they went stern against the tide, backwards first, the whole tier was moved with their sterns upwards, and then they lurched forwards—I have been familiar with the river about twenty-seven years—in my judg-ment, in that part, ten or twelve miles an hour is not a safe rate for a steamer to pass down—I served my time on board a chain lighter—they are employed to moor all sorts of vessels, not to unmoor—vessels of from 100 to 150 tons in the Upper Pool generally unmoor themselves with their own boat—I never knew an accident happen with it before this—the Upper Pool was not very full at this time—the Prince of Wales was close into the southward, as close as she could be to the revenue-cutter—there was suffi-cient water for her on the northward—she was as close into the southward as the revenue-cutter would let her.
Cross-examined by MR. CLARKSON. Q. You are a chain lighterman? A. I have not followed it for the last two years—vessels unmoor with their own boats to avoid the expense of a chain lighter—I do not see any unsafety in unmooring with the ship's boat—it is best to have a lighter to heave the moorings up, in case the chain should be foul—they must have a lighter then to clear it—they could not get it off with a small boat, because one chain crosses the other—pulling a chain along a small boat in still water is not apt to pull the stern down to the water, because they can pull them until the water is on a level with the gunwale—I do not call it still water in the Thames when there is a tide—I consider eight or nine miles an hour safe for a steamer to navigate the Thames—I did not mean to say that the Isle of Thanet made no swell—she did at the time she passed—the swell is greater from the paddle-wheels than from the vacuum caused by the vessel going through the water—I think she was close to the tier—I believe I was the third vessel from the shore, next but one to the Culloden—no experienced man would have sent men in the position in which these men were—I should say it was an unsafe position when a steamer is coming down—I was traced out by Maddox to give evidence about a week ago—I consider the tide runs from four to six miles, an hour before flood—there is an allowance to be made—this was spring-tide—it is not nearer six than four, about five—I have been in the habit of being on the water—I have not taken the helm of a steamer lately—I should
think, if she went through the water four miles, and five by the tide, she would have steerage-way—there must be some power of steam to start the vessel—I did not observe the wind.
JAMES DAVIS . I am master of the brig Culloden, and brother of the deceased David Davis. I saw the boat swamped, and my brother go into the water—I did not see what caused the swamping—the boat in which my brother was was a proper boat for the purpose—he was employed to unmoor, and he has always done the business for eight years before—we always employ a chain lighter in mooring, but we unmoor with our own boat—it has been always usual to do so for these twenty years—that is the general custom of the river—I have known the river for twenty-two years—what was done on this occasion is always usual.
WILLIAM PERKINS BODDY . I am Secretary to the Margate and London Steam-Packet Company. The Prince of Wales belongs to that company—I left London-bridge on board of her at ten o'clock on Tuesday morning, the 22nd of July—Capt. Foss had the command of her—we did not stop until we got to Blackwall, which is six miles and a half from London-bridge—we got to Btackwall about twenty minutes to eleven o'clock—that was her usual regular time.
Cross-examined. Q. That is the time the captain is directed to be at Black wall? A. Yes—the time of starting for the Isle of Thanet is also ten o'clock—her time to be at Blackwall is half-past ten—I went before the Coroner for the purpose of watching the proceedings—I gave the name of the captain—six and a half miles in forty minutes would make nine miles or a little more per hour, supposing the whole ground traversed at the same speed—they go much slower through the Pool—when we get clear of the tiers we go at full speed—I believe the Pool is three miles long—the captain attended before the Coroner as well as myself—the Isle of Thanet arrived at Blackwall before us—she was just a-head of us as we passed Horsleydown tier—she must have travelled quite as quickly as we did—I did not observe whether she made as much swell as we did—the captain was in his proper place on the paddle-box, looking out—I was not aware of any accident until we got to Blackwall, nor do I believe anybody else was aware of it—we kept midstream through the Pool—Capt. Foss has been a servant of the company about five months—before that he has been on Ramsgate station for about two years—he has been accustomed to the river all his life—he was always a steady sober man—he was perfectly sober on this occasion—I never saw him otherwise.
MR. RYLAND. Q. I think you say, through that part of the river called the Upper Pool, you go about three miles an hour? A. Yes, we always go very slow indeed through that—I cannot judge at what pace—I go up and down pretty often—I cauuot form any idea how many miles an hour we went through the Pool on this morning—we go slack speed through the Pool, what is called hall-speed, from twelve to thirteen evolutions a minute—I cannot tell what that is an hour—her full speed is thirty-two evolutions a minute—we begin to put on our full speed alter we pass Limehouse.
COURT. Q. What distance do you proceed down the river at full speed? A. From Limehouse-reach to Blackwall, which is about three miles and a half—I cannot form a correct judgment as to the rate we go—I cannot tell the tonnage of the Isle of Thanet—the Prince of Wales is longer, and a larger vessel—it would have more effect in the water—the Prince of Wales
leaves London-bridge, and the Isle of Thanet Nicholson's-wharf, which joins it—they leave at the same time—there is no rivalry between them—they belong to different parties—she kept ahead of us all the way—I lost sight of her after she left the Pool—I was at the forepart of the vessel—I think she was out of sight before we left the Upper Pool—I did not observe her afterwards—she went faster than we did—the two boats were not racing—we advertise to leave Blackwall at a quarter to eleven o'clock, the other at half-past ten—she ought to arrive at Blackwall before that—she is sometimes five minutes before, and sometimes she does not arrive until the quarter—on this morning, to the best of my recollection, she arrived five minutes before—no complaint has been made by the Corporation about the pace at which we go through the river—the vessels all go at the same pace.
Cross-examined. Q. How many times have you been in a steamer going at the rate of eight miles an hour? A. I am not a judge of speed—I do not think I have been half-a-dozen times down the river to Blackwall in steam-boats—I frequently come from Putney.
MR. RYLAND. Q. Is this an authorized copy of the by-law? A. It is.
(The by-law was here read: it directed that no steam-vessel should navi-gate between London-bridge and Limehouse Reach at a greater speed than five miles an hour.)
CAPTAIN JOHN FISHER . I am principal harbour-master of the City of London. I have been familiar with the river twenty-six years, and with the mode of navigating steam-boats—I should say eight or ten miles an hour is too great a speed for steam-boats 200 feet long to navigate through the Upper Pool—it requites less speed when going with the tide than against it—they are not so much under control—if the tide is running from four to five miles an hour, I should say a power of three would be quite sufficient to give her steerage-way—the run of the spring-tide, with a favourable wind, hardly exceeds three miles—I know it, because I have tried it with a log—when there is a strong gale down the river, it may run a little stronger—I never heard of its making six—today is the first time I ever heard an opinion that the tide runs six miles an hour—if the tide runs at three miles, I should say a power of three more would be employed to make her answer the helm—it depends on the vessel—at times they require more speed to avoid danger—if there is nothing in the way, three miles would be quite sufficient to make her navigable—I have seen considerable space made in the water by sailing vessels, but not so great as by steamers.
Cross-examined by MR. CLARKSON. Q. I dare say you have seen a boat towing along the Regent's-canal throw the water up? A. I have—I have been on board steamers—I have taken the helm—not in the Pool—out in clear water—the swell caused by the steam-vessels throws the water on the shore on either side of the wake after they have passed by—that is the principal danger—some of them have heads sharper than a saw—the swell is all abaft the paddle-wheels.
COURT. Q. Do you know these two boats? A. I do—I cannot give
a notion of their different tonnage—I have seen the Isle of Thanet going through the water—that certainly makes some commotion particularly at that hour, ten o'clock—the whole Pool is stirred up at ten o'clock, almost like the Bay of Biscay—I certainly do not think it a prudent act for men to place themselves under a chain in this way at the time these vessels are going, because there is a safe mode of doing it by a chain lighter—it is what I would not allow any man to do if I was a master of a ship—the weight of the chain over the boat must weigh it down—the chain lighter is the proper way—we have chain lighters belonging to the Corporation, and always moor vessels with them—if I had been commander of the Culloden, I would not have allowed the men to get under the chain in this way, particularly when steam-boats were passing.
MR. CLARKSON. Q. Have you known the prisoner any time? A. A great many years, and have often been in his boat—he bears a very excellent character for care and attention in the river—I never saw him in any kind of scrape—he attends to his duty carefully.
Q. In your judgment, is it consistent with the safety of small boats and people in them that a boat sixteen feet long should be employed to un-moor a mooring-chain? A. Yes, I have done myself many scores of times—it is certainly safer to employ chain lighters—I unmoored the ves-sel with a chain lighter after the accident, but I underrun the same chain with a small boat afterwards, to get the chain off—that was after flood, not at dead water—the flood was running up, about an hour after the tide was turned—the water would be deeper then than an hour before the tide was turned.
(The prisoner received an excellent character for care and caution in the management of his vessel.)
NOT GUILTY .
( There were two other indictments against the prisoner for the man-slaughter of the other persons upon which no evidence was offered.)
Before Edward Bullock, Esq.
MESSRS. CLARK and PARNELL conducted the Prosecution.
JOHN HALL . I keep a beer-shop in Battersea-marsh. On the 31st of July the prisoner came to my shop at near nine o'clock, and asked for a pot of ale—he gave me a bad half-crown—I detained it, took the beer from him, and cautioned him to go no further, or I expected he would be taken—I did not stop him, I gave him another chance—I wrapped the half-crown up in a piece of paper, marked it, and afterwards gave it to Jackson.
Prisoner. Q. Did not you call your wife to look at a young lad at the bar? A. No; my wife was not there—you did not tender me 6d. for the beer—I have no recollection of seeing a youth there—I am confident you gave me the half-crown.
LOUISA STEVENS . My husband, Thomas Stevens, keeps a booth. On the evening of the 31st of July we were at Battersea-fair—as it was getting dark the prisoner came and asked for a pot of half-and-half—I set it down on the counter—he threw down a half-crown—I took it up, saw it was bad, and gave it to my husband—May was there at the time, and took hold of the prisoner, and took him into custody.
JOHN MAY (policeman.) On the 31st of July I was in Stevens's booth about ten o'clock, and saw the prisoner there—I saw him put a half-crown on the counter—Mrs. Stevens picked it up, and put it on the counter again—her husband took it up, and gave it to me—it was never out of my sight—I produce it—I took the prisoner into custody, searched him, and found 18d. in a tobacco-box, and 6d., but no bad money.
GUILTY .*— Confined Six Months.
MARK SAUNDERSON . I am barman to Mr. Griffiths, of the Rising Sun, York-road, Lambeth. On the 15th of July, about half-past one o'clock, the prisoner came, asked for half a pint of beer, and offered a bad sixpence in payment—I said, "This is a bad one; do you know it?"—he said he did not—I asked if he had any more money—he said no—I asked where he got it—he said from a man named Simmons, a plasterer—I asked him where Simmons lived—he said he did not know—I then told him I should know where Mr. Simmons lived before I let him go—I let him go out, followed him a quarter of a mile, and gave him in charge to Hughes—I held the sixpence in my hand till then, then bit it, and gave it to him.
JAMES HUGHES (policeman.) Saunderson gave the prisoner into my custody by the Cornwall-road—I searched him, and found five other bad sixpences in the corner of the collar of his coat, wrapped up in this piece of paper—he had a good 4d. piece, and a penny on him—this other sixpence I received from Saunderson after he marked it
Prisoner's Defence. I did not know they were bad; I picked them up; if I had known they were bad I could have thrown them away; I work. hard for my living, and have a wife and family.
GUILTY . Aged 44.— Confined Six Months.
GUILTY .* Aged 17.— Transported for Seven Years.
GUILTY . Aged 36.— Confined Six Months.
GUILTY . Aged 32.— Confined Six Months.
1772. JAMES FLEMING was indicted for stealing 1 metal castor, value 4d.; 2 hinges, 6d.; 1lb. weight of lead, 2d.; and 1lb. weight of brass, 8d.; the goods of Stephen Lane Blakeborough, his master; to which he pleaded
GUILTY . Aged 13.— Confined Four Months.
1773. MICHAEL LINAN was indicted for stealing 1 shawl, value 5s.; 1 handkerchief, 2s. 6d.; and 1 pair of boots, value 2s. 6d.; the goods of Catherine Turner; and ANN WHITE for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.: to which
LINAN pleaded GUILTY . Aged 14.—Recommended to mercy. Confined Three Months.
CATHERINE TURNER . I am a widow, and live in Windmill-street, New-cut, Lambeth. On the 5th of Aug. I went out in the morning—I locked my room door—I left a shawl, a handkerchief, and a pair of boots in my box—when I returned, I found my box was broken open, and Ihese things were gone—these are them.
THOMAS WILLIAM REDFORD (police-constable L 52.) I apprehended White—I asked her if she knew what I came for—she said, with an oath, that she did, and if I had not come as I did, she should have been off—she said a boy brought these things to her to pawn.
White's Defence. Linan was in the habit of coming to my place—I knew him as a neighbour's child—he came that morning, and asked me to take these things to pawn—I said, "Why don't you take them?"—he said, "I am not old enough, they won't take them in of me"—I said, "Where did you get them?"—he said, "A man gave them to me."
WHITE— NOT GUILTY .
CHARLES GOLDSMITH . I live in Dacre-street, Westminster, and am a saddler. On the night of the 3rd of Aug., at twelve o'clock, I was going down Stangate-street—I met the two prisoners—they stood in the middle of the path, and said, "My dear, where are you going?"—they seized hold of me, and took all sorts of liberties with me—while Upton was taking liberties with me, Code picked my pocket of four half-crowns—I put my hand to my pocket where I had had four half-crowns, and I missed them—I perceived that Code had robbed me, because Upton held me while Code picked my pocket—the money was in my right-hand waistcoat pocket—I called, "Police;" and two men immediately flew from some door-way to the prisoners—there seemed like some conversation with them, and something was handed—one of the men ran off—the other came to me, and said, "Don't be alarmed, I will protect you"—I would not leave the prisoners—they shuffled into another street, to get away from me, but I would not leave them—I said, "You have robbed me;" and they made a sort of jeer of it—the policeman came up, and I gave them in charge.
Cross-examined by MR. BALLANTINE. Q. How were you, pretty sober? A. Yes, I had not been drinking—I had been to my brother's, at Kennington—I had left there about a quarter to twelve, and was going home
—I have gone by the name of William Anderson, which was a nick-name of the boys when I went to school—I have called myself William Ander-son—I did so when I was at the police-court, because I did not like my name exposed in the newspaper—I am a journeyman saddler—I swore my name was William Anderson, but it was because I was confused—my mother's name was Anderson—the boys knew that, and I went by my mother's name.
JOHN DAVIES (police-constable L 46.) I was on duty in Stangate-street—I heard a cry of "Police"—I went up and saw the prosecutor and the prisoners—he gave them in charge—I met another officer—I gave Code to him, and I took Upton—she said to me, "Did he give me in charge for taking half-a-sovereign?"—I said, "I don't know"—she said, "Has not he had it back again?"—I said, "I don't know"—the prosecutor told me what they took from him, and that Code took it—the prosecutor was perfectly sober.
Cross-examined. Q. Did he appear excited? A. Yes.
UPTON— GUILTY . Aged 38.
CODE— GUILTY . Aged 22.
Confined Six Month.
JAMES EVERETT . I am a gingerbreadbaker. I had a booth in Batter-sea-fair—I had a great-coat at the front of the booth, between the canis-ters and a chair—I am confident it was safe about half-past five o'clock, and I missed it afterwards—I did not see the prisoner there—this is my coat.
JOHN MAY (police-constable V 281.) About seven o'clock in the even-ing, on the 1st of Aug., I saw the prisoner come along by the side of a willow hedge by the Thames, and he put a bundle which he had into the hedge—he went on to the bridge, and then he went and took the bundle out of the hedge, and went on to the Steam-boat Pier—I took him, and found this coat under his arm.
Prisoner's Defence. I found the coat, and was going to take it to the station-house.
GUILTY . Aged 14.—Recommended to mercy.— Confined One Month.
JAMES WILLIAM RITCHIE . I am a baker, and live at Walwortb. The prisoner was my apprentice. On the night of the 6th of August, I was in my bakehouse—I observed a light in my yard—I saw the gate partly open—I went round to a turning that the yard gate opens into, and saw the prisoner looking out into the turning—I crept behind my barrow, which stood in the turning—I saw the prisoner with a bundle, which he put into the barrow—he then went into the gate and fastened it—I called my next neighbour, and as the prisoner was coming out the front way I took him—I then went to the barrow, and found this apron which I had worn the same evening, and in it were five loaves—I spoke to the prisoner about it—he said, "Pray let me go"—he had no business to put bread into the barrow at that time of night.
said he did take the bread, that it his wages were so small they were not sufficient to maintain his wife, and he meant to take the bread to his wife.
Prisoner's Defence. My master only allowed me 5s. a week to keep myself and my wife.
MR. RITCHIE re-examined. He was hoarded and lodged in my house—he had 5s. a week, and 1s. a week perquisite beside.
GUILTY .* Aged 18.— Confined Six Months.
GUILTY . Aged 21.— Confined Three Months.
GEORGE COLLINS . I am a grocer, and live in Kennington-place. On the 1st of Aug., a few minutes after ten o'clock, I was leaving my shop to go into the parlour behind—when I got to the parlour door I heard some money rattle—I turned and saw Baylis leaning on the counter on his elbows, with a halfpenny in his hand—he asked me for a halfpenny-worth of Negrohead tobacco—I said I did not sell it—he then turned, and was about to leave the shop—I looked into my till, and found all the money was gone—I missed a sixpence and two fourpenny pieces, which I had put in the minute before, and what other money there had been in it I do not know—I jumped over the counter, ran round the corner, and caught Baylis in Devonshire-place—my house is the corner house but one to Devonshire-place—I saw Dibbin was just parting from him—I took Baylis back—I said, "I want that money you have taken out of my till"—he said, "What money?"—he said he had none about him—I said, "You have given it to that other chap"—Dibbin was then in the road—he had come back, and was standing near my door—Baylis called to him and said, "Fred.," and Dibbin ran away—after he was gone, Baylis said, "If you will come with me I will take you to the place where the money is"—I said I would keep him—he then ran off, I ran after him up Kennington-lane, and he was taken again.
THOMAS JONES . I am waiter at the Queen's Arms, in Kennington-lane. About ten o'clock that morning I saw the three prisoners standing at the corner of Vauxhall-street, right opposite the prosecutor's shop—I saw Baylis and Dibbin leave Wright on the other side of the way, and come across to Mr. Collins's shop—I saw Baylis go inside, and Dibbin was standing outside—I then went indoors, and in a few minutes I went into Devonshire-street, and saw Baylis and Dibbin come down the street, and Baylis gave Dibbin some silver—Mr. Collins then came round the corner, he pursued Baylis and took him—Dibbin then went and gave something to Wright, and they went off together—Dibbin came and stood by Mr. Collins's shop—some person said, "That is the boy that was at the door," and he ran off.
THOMAS FARMER WILKINS (police-constable 89 L). I saw Mr. Collins pursue Baylis, and he cried, "Stop thief"—I took him, and Mr. Collins charged him with stealing money from the till—he denied it, but on the way to the station he said, "You b—rogue you think you have got him,
but you have not got him yet, and you cannot lag him for this"—he was very abusive all the way.
Wright's Defence. I never had any money.
Baylies Defence. I did not go to take anything; I went in for some tobacco, and turned out again.
WRIGHT*— GUILTY . Aged 22
BAYLIS*— GUILTY . Aged 18
DIBBIN*— GUILTY . Aged 17
Confined Twelve Months.