CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 27TH, 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, 27th October, 1845, and following Days.
Before the Right Honourable MICHAEL GIBBS, LORD MAYOR of the City of London; Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir John Taylor Coleridge, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; William Taylor Copeland, Esq.; Thomas Kelly, Esq.; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; Aldermen of the said City: the Right Hon. Charles Ewan Law, Recorder; John Kinnersly Hooper, Esq.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; William Hughes Hughes, Esq.; Thomas Sidney, 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. TWELFTH 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, October 27, 1845.
First Jury, before Mr. Recorder.
NOT GUILTY .
GUILTY . Aged 29.— Confined Three Months.
ALEXANDER PEACOCK . I am clerk to Harvey and Co., of the Grand Junction Wharf, Whitefriars. On the 22nd of May I delivered the prisoner a check for 16l. 15s., which I now produce, on account of William Keep—my employers had an order from a person named Bryant, a timber merchant, to pay the amount to Keep—I knew the prisoner, as he had landed goods before at our wharf—he was captain of Keep's barges—I delivered him the check first, and then changed it for him, as he wanted change—I gave him, I believe, sixteen sovereigns, and the rest in silver.
Prisoner. I had four sovereigns first. Witness. I gave him four sovereigns the day before I gave him the check, but gave him the check to have his name for the amount on the back of it, as a receipt for the amount of freight—I changed it, and deducted what I had paid him—I paid him 12l. 15s., instead of 16l.
WILLIAM KEEP . I am a coal-merchant, and live at Reading. The prisoner was in my employ last May, and had the management of the canal boats as captain—he was in the habit of receiving money for me, by my authority, which he was to account for as soon as he returned home—he never returned after this occurred—I never received the 16l.—he never accounted to me for any of the money—he was apprehended last Thursday.
Prisoner. I had got a drop of beer, and lost the 12l. out of my pocket and did not like to go back to my master; I was very sorry for it, and sent him a letter to say I would come back and work it out at 4s. a week.
Witness. Two or three weeks back he sent me a letter to say, if I would forgive him, he would come and work for me as before, and pay me so much a week; but this is not the first time—he was to take this money to pay the way of the boats home, and for the landing of the goods, but he did not do so—he left them in the Thames—there was 2s. to pay in every pound for landing, which would be about 33s.—that was paid—I think he would have paid away all the money before he returned home, in paying the way of the boats—I should not have received any of it—it was to he used for my purposes—the boats were stopped for want of money—one of the men Rent me a letter, and I was obliged to get more money to get the boats on.
HENRY HOULTON . I apprehended the prisoner at Reading—I told him what he was wanted for—he said he was very sorry for it; he had no means of paying it, unless his master would allow him to work it out—I took him before the Mayor of Reading, and he sent him here.
Prisoner. I am very sorry it happened; it was through having a drop of beer; I am willing to go back and work it out.
GUILTY . Aged 44.—(The prosecutor stated that he had previously embezzled 6l. or 7l., which had been forgiven.)— Confined Twelve Months.
GEORGE WARNER . I live at Sampson's-gardens, Wapping. On Saturday night, the 12th of Oct., I was coming down Aldgate, and felt my handkerchief taken out of my pocket—I turned round, and saw the prisoner leaving me—I followed him—he ran away, and, after running some distance, he dropped the handkerchief, which I took up—I still pursued, and saw him stopped by a policeman—I am quite certain he is the person who dropped it—he was the nearest person to me when I turned round.
Prisoner. A boy dropped it, and I picked it up. Witness. There was nobody near.
THOMAS DEVERELL (policeman.) On Saturday night, about twelve o'clock, I heard a cry of "Stop thief" as I came from Somerset-street, towards Aldgate—the prisoner was running down at full speed—I caught him in my arms—he got from me, and ran a few paces—I caught him before he got out of sight—the prosecutor charged him with stealing his handkerchief—he put his foot out as I took him along, and tried to trip me up, and made a desperate resistance to get away—I was about twenty yards from where the robbery was committed—there was no boy near.
MR. WARNER re-examined. This is my handkerchief—he was five or six yards from me when he dropped it.
GUILTY . Aged 25.— Confined Six Months.
MARY COKER . I am the wife of Robert Coker—we keep a beer-shop in Waterloo-terrace—the prisoner was in our service. On the night of the 21st of Sept., about half-past ten o'clock, I was in the yard at the back of the house—in crossing the yard I looked in at the back parlour
window, from which I had a view of the bar, and saw the prisoner cross the bar-parlour, go to the till, and open it—I directly went in, and followed her into a little room—I heard the money jink—I asked what she was doing at the till—the denied being there—I had counted the money in the till about a quarter of an hour before—I went and looked into the till, and missed half-a-crown and 2s.—no money had been taken from or added to it in the interval—I told the prisoner what I missed—she denied it—I told her if she would give me the money she could go about her business—she would not, but strongly denied it till the police-man came in, and the money was found under where she sat—she asked me to search her—I found the half-crown and two shillings under the floor-cloth, near the chair where she sat—I saw her sit in that chair after leaving the till—she must have lifted up the edge of the floor-cloth—the chair stood quite at the edge—I got a constable, and gave her into custody.
Prisoner. I was clearing away the supper things, and on coming out of the bar, I saw 3s. 6d. on the floor; I took it up, and coming in again, I dropped the money; my mistress called me, and said I had been to the till, which I had not; she took up the 3s. 6d., and put it into the till, and took 4s. 6d. out. Witness. I did not; the policeman saw it there.
JOSEPH ALDER (policeman.) I was called in a few minutes before eleven o'clock, and Mrs. Coker gave the prisoner into custody for stealing a half-crown and 2s.—Mrs. Coker handed the money to me—I did not see it on the floor—the prisoner admitted the theft—she said she knew she had taken it from the till—she begged me not to take her, and she would never do it again—I am sure she said she took it from the till—I stated that before the Magistrate—I am positive of that—what I said was read over to me, and I signed it—(looking at his deposition)—this is my name and handwriting—(read—"The prisoner said to me, 'Don't take me to the station, I will never do it again")—it is not stated here, the clerk must have omitted it—I am positive I stated it—she did not deny the charge at all.
Prisoner. He said at the office that I said, "Oh don't take me, I will never do it any more!" and that is what I said; I never said a word about any money. Witness. She said she had taken it from the till—she said it at once in Mrs. Coker's house, at the beginning of the conversation—she said, "Policeman, don't take me, I have taken it from the till; but pray don't take me, and I will not do the like again."
NOT GUILTY .
GUILTY . Aged 26.—Recommended to mercy.— Confined One Year.
OLD COURT.—Tuesday, October 26th, 1845.
Second Jury, before Mr. Recorder.
1941. ANN CHASE was indicted for stealing, on the 13th of March. at St. Mary Aldermary, 1 watch, value 6l., the goods of Isaac Mathieson, in the dwelling-house of Fanny Ann Potts; to which she pleaded
GUILTY . Aged 21.— Confined One Year.
(The prisoner received a good character.)
MR. HUDDLESTON conducted the Prosecution.
THOMAS CARTNER . I am in the employ of Christopher Graham, and others, in New Bridge-street, Blackfmars, wholesale grocers—the prisoner was in their service. On the 17th of Sept. I went into the warehouse about five minutes after seven in the morning, and saw the prisoner in a room adjoining the warehouse where tea is kept—he had no business there—I asked what he was doing there—he answered, "Nothing"—I saw him in the act of putting his hat on, and asked what he had in his hat—he said it was all right—I asked him to take it off—he did so, and lifted the corner of the handkerchief that was in it, and put it down again, and put his hat on again—I took his hat off, took the handkerchief out of it, and 2 1/2lbs. of gunpowder-tea came out with it—there was a canister of that tea in the room—I compared it with that tea—it was the same description—he went down on his knees, and said he hoped I would say nothing about it to our people—I said it was not likely I could let him stay there without saying anything about it—he had 24s. a week.
Cross-examined by MR. PAYNE. Q. How long had he been in the prosecutors' service? A. About two years, and I believe he was there before that—he frequently drank at night, and was stupid in the morning—he is married, and has one child—I cannot say what time he came that morning—I said nothing to him about not being in a fit state to be there, and he had better go home—he did not appear at all in liquor that morning.
GUILTY . Aged 28.— Confined One Year.
GUILTY , and entered into recognizance to appear and receive judgment when called upon.
RICHARD KELLY . I am warehouseman to Henry Moses, Levy, and others, slopsellers, Aldgate. The prisoner was in their service as cutter-out—on the 10th of Oct. all the men were assembled in the lower warehouse before leaving work, and were told they must be searched—a police-man was present—I kept close to the prisoner, and noticed him put his hand to his coat, and release something from it—I saw this piece of mole-skin come from under his coat—I stooped down and took it as it came from his coat, took him into the counting-house, and gave him in charge.
Cross-examined by MR. CLARKSON. Q. All your servants were stopped together, twenty or thirty of them? A. Yes—they are all cutters—I saw the prisoner put his hand under his coat and release the cloth—nobody but myself was close to him—it was five o'clock, day-light—he was next to me—I was put there to watch him—the next man might be three or four
yards off—I saw the goods come from under his coat—I took it as it came from his coat—it was partly on the grouud.
Cross-examined. Q. Was it getting dark? A. No—I saw the cloth fall from his person, I will swear.
HENRY—. I am a cutter in the service. I was present, and saw Kelly take up the moleskin which fell from under the prisoner's coat.
(The prisoner received a good character.)
GUILTY . Aged 33.—Recommended to mercy by the Prosecutors and Jury on account of his good character.— Confined One Month.
1945. JAMES YELDEN was indicted for stealing, on the 15th of Sept, 1 pair of shears, value 10s.; 3 yards of woollen cloth, 5s.; and 4 yards of calico, 1s. 6d.; the goods of Henry Moses and others, his masters.
LAWRENCE LEVY . I am a wholesale clothier, in partnership with Henry and Eleazer Moses at Aldgate. The prisoner was some time in our service as a cutter—on Tuesday morning, the 16th of Sept., I sent for a policeman, and called the prisoner into the counting-house, having had information—after charging him with having given us an address where he was not residing, and to which he made some shuffling answer, I said, "Well, I now want to ask you a more serious thing; what did you do with the twelve or thirteen yards of silk serge that you stole over night?"—he made no reply—I said, "Perhaps I have not been explicit enough; I mean that serge that you sold in Duke-street"—he then made answer, "To tell you the truth I pawned it"—I had made him no threat or promise—I think he mentioned the name of Corden, or some such name, as the pawnbroker's, in Whitechapel—I immediately gave him into custody—he was searched, and taken to the station—I went with the officer to the prisoner's lodging, and saw him find a whole sack full of property belonging to us, and fifty or sixty duplicates—he had given his address after I charged him with giving a false one, and he also gave it at the station—these produced are the articles we found at his lodging—I cannot swear to these shears—here is some woollen cloth and some calico—some of the things have our private mark upon them—the prisoner was employed as a cutter—he had such things as these to cut, and of almost every article given him to cut he has purloined something—I find in his cutting-book an account of things similar to these which he had to cut.
Cross-examined by MR. BALLANTINE. Q. Were they delivered to him to cut, on or off the premises? A. On the premises—he was not to take them home.
JAMES LAMBOLL (Citypolice-constable, No. 511.) I found these things at the prisoner's lodging, No. 6, Angel-alley, Bishopsgate-street—he was at the station at the time—he told me he lived there—I found these shears in the table-drawer, and the other articles in different parts of the house—there was a bag full of things under the bed—the things are made up into waistcoats and things.
Cross-examined. Q. Did the house appear to be occupied by more than one person? A. It did not, only by himself and wife—I only saw
one bed-room—there was one or two beds made up on the floor—the wife was present—it is not a lodging-house.
BENJAMIN PAYNE . I am in the prosecutors' employ—I know these shears; I believe them to be the property of my employers—I know them by a mark on each side the blade and handle—I have used them on the premises—the prisoner had no authority to take them away for any work to be done at home.
MR. LEVY re-examined. My private mark is on most of these things, and the others correspond with the property entrusted to him; indeed, all the goods pledged, I am confident, were taken from us.
GUILTY . Aged. 47.
GUILTY . Aged 47.— Confined One Year.
OLD COURT.—Wednesday, October 29th, 1845.
Fourth Jury, before Edward Bullock, Esq.
GUILTY . Aged 17.— Confined Two Months.
Before Lord Chief Baron Pollock.
1948. JEAN DIEMER was indicted for feloniously forging and uttering, on the 12th of May, a promissory note, in the French language, for the payment of 500 francs, with intent to defraud Michael Schott.—Two other COUNTS, with intent to defraud Adam Spielman and another.
The prosecutors did not appear.
NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
GEORGE TEAKLE (police-sergeant H 8.) On Thursday, the 25th of Sept., in consequence of information, I went to No. 15, White Bear-gardens, Kingsland-road—there is a private door to the house—it was shut—I knocked twice, and it was opened by the prisoner—I asked if his name was Reynolds—he said yes—I stepped in and laid hold of him—he said, "It is no use, you have got me to-rights"—I then told sergeant Price, who was with me, to hold his hands—I commenced searching his pockets, and I think the words he said were, "I will give it to you, putting his hand up towards his waistcoat pocket—I put my hand into that pocket, and found there three counterfeit half-crowns, which are now among five others found afterwards, and I cannot point them out—we then took the prisoner up stairs into the front room first floor, and found a
female sitting by the fire—there was a very good bright fire—she sat still in the chair, and began to cry—the prisoner said, "It is no use crying, I must go"—I slightly searched the woman, who was large in the family way, and found nothing on her—the prisoner afterwards kissed her, to take leave of her—I proceeded to search the room, and on a kind of trivet fixed to the stove, in front of the fire, I found one mould open, in two parts, quite warm—on the hob by the side of the stove I found another mould open and warm—on the mantelpiece I found this little bag, containing five counterfeit half-crowns and fourteen counterfeit shillings—the bag now contains the three additional ones which I took from the prisoner's pocket—there are now eight counterfeit half-crowns—I found a tobacco-pipe on the mantelpiece with a portion of white metal in it—it appears to have been in a fused state, but was cold—I found a pair of pliers on the mantelpiece, and a file with a small portion of white metal in it—on the table I found the handle of a Britannia-metal spoon, and in the cupboard two more spoons of the same metal, and a pipkin containing white metal which has been in a state of fusion—Price took out of the same cupboard a mould which was damaged, and put it on the table—the prisoner looked at me, pointed to it, and said, "In that you will find a good half-crown, and that I borrowed this morning"—I examined it, and found it did contain a good half-crown—I commenced searching the bed, but the prisoner said, "It is no use your looking there, you have got all; so help me God, you will find nothing more"—I said, "I am very much surprised at you, having known you some years; you are almost the last man I should suspect would have lent your hand to such a thing as this"—he said, "Yes, but it was distress drove me to do it, and I will assure you I have not been following it but for four or five weeks"—I took him to the station—as I took him along he asked if he had not better give another name—I said he might do as he pleased—he asked me what the punishment would be—I said it was no business of mine.
Cross-examined by MR. PAYNE. Q. Did you know him by the name of Reynolds? A. Yes—he once kept a public-house—he said he had only been following this for four or five weeks, not that it was only for four or five weeks he had known anything about such things—I did not make a memorandum of the conversation—I mentioned it before the Magistrate about an hour after—I believe he was going to give me the three half-crowns when I told Price to lay hold of his hands—he never told me the things were not his, but belonged to a man named Jeffries; but at the second examination he told Mr. Powell junior so—I know Jeffries, and had seen him that day—I see him half a dozen times a day sometimes, selling brooms—I know he has been charged with uttering counterfeit coin—I have had him myself—the prisoner bore a good character—I found a weaver's loom in the house, and work in it.
JOSEPH PRICE (police-sergeant H 15.) I was with Teakle when the prisoner was apprehended—I saw the prisoner open the door—I seized both his hands—Teakle commenced searching him, and found three counterfeit half-crowns in his pocket—the prisoner then said, "You have got me to-rights; I shall make no resistance"—he went up stairs—I saw Teakle take two moulds, one for shillings and the other for half-crowns, one on a trivet and the other on the hob—I found a mould in the cup-board with a good half-crown in it—I placed it on the table—the prisoner said "In that you will find a good half-crown, I borrowed it this morning"—I
searched further, and found three bands, two of which have been used, and the other not—I found two parcels of plaster-of-Paris on the table, and a tin containing sand—there was a saucepan on the fire with water in it, and behind it I found an imperfect mould—Teakle said "I am surprised you should have lent your hand to such work as this"—he said, "Distress drove me to it; I have not been at it more than four or five weeks; you have now got all."
Cross-examined. Q. Did you go into any other room in the house? A. I did—there was a weaving-machine there—I did not know the prisoner.
JOHN FIELD . I am inspector of counterfeit coin to her Majesty's Mint. This mould produced by Teakle is for casting counterfeit half-crowns—it has both sides of the impression, and is complete in all its parts, and with the application of metal would cast a counterfeit half-crown—here is another plaster-of-Paris mould, with the impression of both sides of a shilling, complete in all respects—this tobacco-pipe has a portion of white metal about it, as if used to lade the metal from the pipkin to the mould—these spoons are Britannia metal—one appears to have been broken and partly melted—it it the metal of which counterfeit coin is generally made—these eight half-crowns are all counterfeit, and made of that sort of metal, fit for circulation—here are fourteen counterfeit shillings of the same sort of metal, fit for circulation—a file is used to remove any surpluss metal from the edges of the counterfeit coin—it appears to have white metal in the teeth of it—the pipkin has white metal in it, which appears to have been fused—sand may be used to remove the roughness from the coin—these bands are to form the moulds while the plaster-of-Paris is in a fluid state—here is another mould with both sides of a counterfeit half-crown, but the channel has not been cut—here is a good half-crown which produced the mould.
Cross-examined. Q. Can you tell me whether Her Majesty's Mint give rewards to persons giving information on the subject of coining? A. I am not aware of anything of the kind.
GEORGE KELSEY . The prisoner lodged at my place, No. 15, White Bear-gardens, and occupied the first floor front room—he has been a weaver—I have known him ten years, and never heard anything wrong of him.
GUILTY. Aged 47.—Recommended to mercy on account of his character.
Confined Twelve Months.
1950. RICHARD COLLINS was indicted for feloniously forging and utteiing a check for the payment of 20l., with intent to defraud Robert Barclay and another; also, forging and uttering a check for 15l., with intent to defraud he same parties; to both of which he pleaded
GUILTY . Aged 16.—Recommended to mercy.— Confined Two Years.
Before Mr. Justice Coleridge.
MR. DOANE conducted the Prosecution.
eight o'clock, and saw the prisoner there, intoxicated—his wife was with him—I met him at the door of the beer-shop—as he went along, he put his hand to his pocket, and said, "I will cut his b——throat"—his wife endeavoured to keep him away, but he got from her—the beer-shop is between Barrett's wharf and the prisoner's—I afterwards saw the prisoner being led away by two men.
Cross-examined by MR. CLARKSON. Q. How soon after this did you see the prosecutor's wife? A. Directly, I went straight there—I never laid, "I heard nothing about it, but Mrs. Barrett told me what to say," nor anything of the sort—I was going to the Good Woman—I saw John Butler on the Saturday morning following—I overtook him in the New-road—I believe I said I should be glad when night came, as I had been up all night—I do not recollect his asking if I had been to the office about Bassett's business—I did not tell him Mrs. Barrett told me what to say, and I did not know anything about it but what she told me—I said nothing about it to him, nor about Mrs. Barrett or Bassett.
MR. DOANE. Q. What is Butler? A. He works with Mr. Shackell—it was after I heard Mrs. Barrett's husband had been stabbed that I went to her, and after the prisoner was carried off—I went and told her what I had seen.
COURT. Q. Why had you been up all night? A. Making gingerbread nuts at Mr. Tatum's, Uxbridge fair being next day.
THOMAS BARRETT . I am a wharfinger, and live on Uxbridge Moor—I have been there better than two years—the prisoner lives near me, and is a wharfinger. On the 6th of Sept. he was on the bridge adjoining the wharf—he said, "Nobby Barrett, I will do for you some of these days"—he used a good deal of low language—I had had no quarrel with him, nor from that time till the 7th of Oct., on which evening I was on my premises, which is a wharf and yard, and from seven to eight o'clock I heard the words, "Nobby Barrett, I have got a knife and carpet"—he then said, "You rob me daily and hourly"—I went up to where he was—it was the prisoner—he had just got hold of my fence—I went up to ask him what the meaning was—he said, "You b----r, I will cut your b——throat"—I immediately received a severe blow on my face and nose—it appeared to be a cut—I bled wonderfully from my nose and mouth all the way down—I fell down from the blow—I cannot say what he struck me with, but he had something in his hand—I called for the police—nobody came—I went to Mr. Muggeridge, who dressed my wound.
Cross-examined. Q. What countryman are you? A. An Uxbridge man—they call me Nobby a great deal—I never had any transaction with a carpet, which they laugh at me about—I never heard that they said I had put a carpet round my neck and pretended to hang myself—they have said such a thing—I know nothing about the prisoner being drunk, but he held my fence—I do not know whether he was drunk or sober—I did not say that he was drunk or sober—there is an elder tree by the fence where he held—the top is not broken off and jagged—there is no broken branch that I know of—I never took notice—I stood about a foot from the tree—I did not try to take hold of his collar, nor he of mine, before I received the blow—I know West, Holt, Shirley, and Butler—I did not see them—Mrs. Slade was in my yard, and picked me up—there is no branch of the elder tree which comes about the height of my nose—there is no branch that touched my head of nose—it was a clean cut I am sure—I felt
it was cut—I lost a great deal of blood—my little boy is not here—I would not let him come—I did not hear my wife say, "Why, he must have cut you, he must have had a knife," nor my boy say, "No, mother, he had nothing in his hand"—I do not know what was said—I went after the police—I was sober—I did not take my child before the Magistrate—he is ten years old—I do not recollect being asked about the boy before the Magistrate.
MR. DOANE. Q. Your boy was not taken before the Magistrate? A. Not my own boy—the handkerchief that was round my neck was cut by something—I cannot say how near Mrs. Slade was to me when I received the blow—there is no branch of the elder-tree that would touch my head, to my knowledge—I swear no part of the tree inflicted the wound.
COURT. Q. Whether you were cut or not, are you quite sure he struck you a blow? A. Yes, quite sure, and with something in his hand—I saw his hand lifted up to strike me.
MARY BARRETT . I am the prosecutor's wife. I was in the kitchen—I heard a noise, went to the yard quickly, and saw a woman standing there—I saw the prisoner under the elder-tree—there is a fence there—he used some very bad oaths, called my husband Nlobby Barrett, and said he robbed him hourly and daily—he told him to come out—I went to the gate, and a woman named Slade was there—she asked me to take no notice, as he was very tipsy—he appeared so—he used some blackguard language after that, and still called my husband, repeating that he robbed him daily and hourly—my husband came to inquire for why, and he said, "You b----r, I will cut your b----y throat"—I saw a knife in his hand—he struck at him and he fell—Mrs. Slade, and a child of my own, got him up, and his face was all bloody.
Cross-examined. Q. Was the prisoner not holding by the fence, to keep himself steady? A. I cannot say—Mrs. Slade said, "It is only Bassett, and he is very drunk"—I did not say, "Why, he had got a knife in his hand," nor did my little boy say, "No, mother, he had nothing in his hand"—he said nothing at all in my hearing—the Magistrate admitted the prisoner to bail, and he has surrendered—I saw the blade of the knife in his hand—I cannot say what sort of a knife it was—it was larger than a pen-knife, but not so large as a carving-knife—there were more persons there.
WILLIAM HIBBART . I am a labourer in the prosecutor's service. I heard the prisoner come to the gate and call out, "Nobby, nobby, come here"—he said, "You b—r I will cut your b—y throat," and that he robbed him hourly and daily—master then went to the fence where he was, and asked what he was making that row about, and the prisoner struck him with his hand on the nose, over the pales, close against the gate—I did not see anything in his hand—I saw master's nose bleed—the prisoner appeared drunk—my master fell upon his back into his own yard—the elder-tree is inside the paling—he fell away from that.
Cross-examined. Q. The prisoner was obliged to hold the paling to keep himself up? A. With one hand—the pales are about five feet high—I have looked at the elder-tree, but can find no jagged broken branch.
MR. DOANE. Q. Did the blow your master received on the nose come from the tree or from the prisoner's fist? A. From his fist.
HENRY PRATT . I work for the prosecutor—I was a few yards from the spot—about half-past seven o'clock in the evening I saw the prisoner come round the corner near the spot, and two men leading him—he appeared to be drunk—I heard him say, "Let me go and cut the b----'s throat"—he got from one of the men, and dragged the other after him towards Barrett's pales.
Cross-examined. Q. Was that before or after what happened? A. Before.
HENRY MUGGERIDGE . I am a chemist, and live at Uxbridge. The prosecutor came to my house on this evening, at seven o'clock—he had a bruise on the right side of the face, with a cut extending down the noses, and ending in a scratch over the upper lip, as if it had been cut down—it appeared an incised wound—I am practising as a surgeon, being a student at the Middlesex hospital—such a wound could not be caused by the splinter of a tree.
Cross-examined. Q. Do you know what a cicatrice is? A. The union of the lips of the wound—it was not a jagged but a clean cut, as if done by a sharp instrument—it was nearly dividing the nostril, but not quite—I have been a student at the hospital since the 1st of Oct.—I have dissected subjects there—his face was a good deal swollen, up to the side of the note—I put several pieces of plaster on the wound.
MR. DOANE. Q. How long have you practised as a chemist and surgeon? A. Four years—I served my time to an apothecary and chemist.
RICHARD ROADNIGHT . I am a constable of Uxbridge. I took the prisoner in charge the next day—I told him I had a warrant against him for assaulting Thomas Barrett the night before—he said he did not remember seeing him—I said, "He has a very bad face, and says you cut it with a knife; let me see your knife?"—he produced a knife, and said he was so drank he did not know what he did, nor whether he had the knife about him or not—it is a common pocket-knife.
GUILTY of an Assault.—Recommended to mercy by the Prosecutor.
Confined Two Months.
Before Mr. Justice Coleridge.
1952. BENJAMIN HALL was indicted for stealing, on the 10th of Sept., 1 puree, value 1s.; 2 coats, 3l.; 2 sovereigns, 3 half-crowns, 10 shillings, 1 sixpence, and 1 5l. note, the property of Jacques Besset, in his dwelling-house.
MR. DOANE conducted the Prosecution.
JACQUES BESSET . I am a Frenchman. I live in Gloster-grove, West, Old Brompton—I had a female named Barrett, in my service. On the 10th of Sept. I gave her some directions about a coat—I had worn it on the preceding day—there was a purse in the left pocket, containing a 5l. note, two sovereigns, and about twenty shillings in silver—I had changed a sovereign—there were three half-crowns and one sixpence; and the remainder in shillings—one was new—we could not find that coat—I missed that and another—I spoke of it to Mrs. Besset and the servant—I went to town, and returned in the evening—I sent for the police, and they came about seven or eight o'clock in the evening—they put some questions to Barrett, which she answered, after which the police left the house, and returned with the prisoner—the police-sergeant asked him if
he had not been in my house the night before—he said, "No, I have not been in the house"—he said he knew the servant, but had not seen her since the day before, or the day previous—he was taken to the station and there Barrett stated, in his presence, that he had passed the night before with her in my kitchen—the prisoner then admitted that he had—I described to the police what money I had lost before the prisoner was searched—I saw him searched, and two sovereigns, and 17s. or 18s. found—there were three half-crowns, one sixpence, and the remainder in shillings—one shilling was new.
Cross-examined by MR. BALLANTINE. Q. What are you? A. A merchant—I carry on business at No. 3, Sherborne-lane, King William-street—I have done so seven years and a half—I export goods to New York, Gibraltar, and various places—goods of my own and others—I previously carried on business in France—I have never been tried or sentenced in France—I was taken up in England on a charge of fraudulent bankruptcy for the purpose of being rendered to the French authorities—an inquiry on that subject has been going on in Paris—I have never been a bankrupt, and owe not a single shilling to anybody since I have been in England—two men came over to extort money from me by a false accusation—I have not been condemned—there has been no verdict against me—these two men got a warrant, and told me if I gave them 4000l. they would let me go—they came down to 500l., but I never gave them a penny—I did not call in the police in this case at first—I made a written declaration in Scotland-yard—I have not got it here—Sergeant M'Leod came to my house at seven o'clock in the evening—he remained with me about a quarter of an hour before Barrett was called in—he examined her in my presence, and it was in consequence of that the prisoner was sent for—he was brought about ten—M'Leod was at my house during the whole of that time—I offered him some wine, and he took, I think, one glass—the prisoner was given in charge that same evening—the prisoner and Barrett were both charged before the Magistrate—Barrett was discharged—I have seen her outside to-day.
DANIEL M'LEOD (police-sergeant B 18.) I was on duty at Old Brompton on the morning of the 10th of Sept., about six o'clock, and met the prisoner in the Brompton-road, between Brompton-square and the Grapes, coming in a direction from Old Brompton—I cannot rightly say whether he had anything under his left arm or not—the prosecutor's house is in the parish of St. Mary Abbott's, Kensington—I first received intimation of this robbery between ten and eleven that same morning, from sergeant Poynton—I was afterwards ordered to go to Mr. Besset's house—I went about four that afternoon with a brother sergeant—I saw Barrett there, and Mrs. Besset, but as I could not get the number of the note that was lost, I called again about seven in the evening—I then heard my brother sergeant put some questions to Barrett, and in consequence of her answers my brother sergeant went and apprehended the prisoner at the Cock, in Tothill-street—the constable on duty brought him in custody to Mr. Besset's, between ten and eleven that night—he was brought into the parlour first by himself—I stated he was wanted on suspicion of a robbery that had been committed the night before, at Mr. Besset's home—I had learnt from Mr. Besset what money he had lost—he described the coin particularly to me—I told the prisoner I wished to see what money he had in his pocket—he took out his purse—it contained two sovereigns, three
half-crowns, one sixpence, and ten shillings, one shilling was new—the coin tallied with the description Mr. Besset had given—the prisoner and Barrett were taken away together—I told him I knew him to be in the neighbourhood that evening—he admitted that he was there, and left about half-past nine or ten o'clock, but denied being in the house—I said the female servant had admitted he had been there, and remained in the house all night—he then said he had—he said at the station-house that he could account for the money, for he had had some recruits.
MR. BESSET (re-examined.) I had no servant but Barrett—we very often take another person to assist—she had not been the day before—it is only a little girl—I had seen the coat the evening before—I had worn it all day—I took it off when I came home about six o'clock, to put on a gown, and left it in the parlour, which is very near the kitchen—the other coat had been there eight days or a fortnight—I have never seen either of the coats or the purse since.
MR. BALLANTINE called—
JOHN MEADER . I am a sergeant in the Rifles. The prisoner has been in the regiment about eight years, and is lance-corporal—he has borne a most excellent character for honesty—a soldier's daily pay is 13d.—he is now wearing a badge for good conduct, which entitles him to an extra penny a day—on the morning of the 9th of Sept. I had to pay him 8s. 6d.—I gave him half-a-sovereign, and he gave me the change—he opened his purse to give it me, and I perceived three sovereigns in it—I saw no silver.
GEORGE BROAD . I am a private in the 66th regiment of foot I know the prisoner—I saw him about twelve on the morning of the 9th of Sept.—I had some conversation with him about some money—he took out his parse and paid 6d. for what we had—he had 2s. in silver besides, and three sovereigns—I saw him again about eleven o'clock next morning, and was in his company till a quarter to two, up at Broomes's, in Air-street, Piccadilly—he took out his purse—he had three sovereigns, and changed one at the Prince's Head, Storey's-gate, Westminster—I believe he put the change into his purse.
MR. DOANE. Q. Had you been drinking with him? A. Yes—we had three pots of half-and-half between three of us, two at one house and one at another—he could not pay for the second pot without changing, and I gave him 2d. to pay for it—it came to 6d. and he changed the sovereign—I saw the change he received—it was all in silver—there were three half-crowns, and the rest in small silver—there was no half-sovereign—I mentioned to my sergeant that I saw three half-crowns—I am not aware that I mentioned it to the prisoner's attorney—I heard nothing about three half-crowns being stolen from the prosecutor—I mentioned it to my sergeant, because I was asked what change he had—it was put down on a newspaper—I saw it distinctly.
MR. BALLANTINE. Q. How long have you been in your regiment? A. Nine years.
JOHN MEADER re-examined. The prisoner had been recruiting under me for seventeen or eighteen months—a reward of fifteen shillings is given to every getter of a recruit—it comes through my hands—I have paid the prisoner a good deal of money at different times for getting recruits—I cannot say how lately I have done so—it may be two months since.
NOT GUILTY .
Before Mr. Lord Chief Baron Pollock.
MR. DOANE conducted the Prosecution.
DANIEL M'LEOD (police-sergeant B 18.) On the evening of the 10th of Sept., I went to the Cock public-house where the prisoner lodged—I there found this shirt—it was produced in the prisoner's presence before the Magistrate—he said he had bought it about twelve months ago, and given 4s. for it.
Cross-examined by MR. BALLANTINE. Q. Did he take it into his hand, or examine it before he said so? A. No, this was the only shirt I saw in his box—it was a small box—there were no drawers—the prisoner was not present when I found it—a private belonging to the same regiment showed me the room—I do not know whether he is here.
MR. DOANE. Q. Had Mrs. Besset spoken about that shirt before the prisoner said he had bought it twelve months ago? A. Yes, and Mr. Besset described it on his way to the prisoner's lodging, but not in his presence—he heard Mrs. Besset give her evidence about the shirt—he said nothing further about it after that.
JANE BESSET . I am the prosecutor's wife. I know this shirt quite well—it is my work—I marked it, "Jacques Besset," in full, with red cotton, and the figure "6" also—the mark has apparently been picked out—I see the remains of it very plainly—I had occasion to look for this particular shirt very early in the spring, I think in March, when Mr. Besset was sitting for his portrait, as it had a cambric front—I could not find it—I know that all my husband's linen, and everything in the house, was perfectly safe last Oct. twelve months, when I left my house to visit a friend in town—I had occasion to write to the servant, Ann Barrett, to pack up my husband's linen, and forward it to him—I did not take possession of it again till Nov.; and as it was winter, he was going to wear calico shirts, and I had no occasion to look for the linen ones till the spring, when I looked for this, and it was gone—we were absent five weeks—we left the house in the care of Ann Barrett.
Cross-examined. Q. I see there is another mark upon this shirt? A. Yes, "B. H.," immediately above where the mark has been picked out—I know nothing of that mark—the name, "Jacques Besset," is not readable now, but it requires seven threads to mark those small letters, and exactly seven threads have been broken—the shirt was made a year or two ago—it is linen—I made it myself—I told my husband I missed it the same day I could not find it—it was the only shirt he had with a cambric front
MR. DOANE. Q. Do you recognize your own work on the shirt now? A. I do—I have not the slightest doubt I made it.
DANIEL M'LEOD re-examined. It was about twelve o'clock at night that I searched the prisoners lodging—that was after he had been lodged at the station—I had been waiting at Mr. Besset's house from eight to ten o'clock, waiting for the prisoner's being brought—I was doing nothing, but sitting in the parlour—I had a glass of wine there—Mrs. Besset was present some part of the time—nothing was said about the shirt at that time—Mr.
Besset, on the way to the prisoner's house, gave a description of this shirt, and I have a pattern shirt here of the same kind, which I got from Mrs. Besset—I did not see where she got it from—she gave it me after the shirt was found.
ROBERT WRIGHT (police-constable B 39.) I was on duty in Old Brompton in Oct., Nov., and Dec.—I saw the prisoner frequently during those months, going in at the back gate of the prosecutor's house—on one occasion I went in, finding the back gate open, and saw him sitting in the kitchen.
NOT GUILTY .
Before Mr. Justice Coleridge.
1954. MARY ANN BRENNAN and ELIZABETH THOMAS were indicted for feloniously assaulting John Jones, on the 22nd of Sept., putting him in fear, and stealing from his person, and against his will, 1 watch, value 3l.; 1 guard-chain, 1l.; 1 handkerchief, 3s.; 2 shillings, 1 penny, and 6 halfpence; his property; and beating, striking, and using other personal violence to him.
MR. PRENDERGAST conducted the Prosecution.
JOHN JONES . On Monday morning, the 22nd of Sept., between twelve and one o'clock, I was walking in Holborn—Thomas came up and accosted me, and I agreed to accompany her to a house in Lawrence-lane, St. Giles's—when we got into the room I saw Brennan—she demanded something for drink—I gave her 2d. for that purpose—she went out, and Thomas remained with me—Brennan returned in a moment, and fastened the door—Thomas and I were arguing—the was demanding money—I had had no intercourse with her—I put my hand into my pocket and gave her 6d.—Brennan said she would have some money too—I said I had no more money about me—Brennan made use of very blackguard language, and said the would have some money at the room belonged to her—I made my way towards the door—Brennan said, "You are not going yet, till I am paid for the room"—I still refused to give her any money—I said I had not got any, and was making my way out—Brennan said, "I will feel to see whether you have"—she felt, and discovered I had got something in my pocket—she said, "What is that you have got in your pocket?"—I laid, "What is that to you, it is nothing that concerns you"—I afterwards laid it was a watch—I said, "Don't rob me of it, but behave yourselves honestly, and let me go"—Brennan then said, "Just tell me the time, as I have got somebody to meet"—I hesitated for some time, and at last I partly lifted the watch out of my pocket so as just to see the time, and told her it was half-past twelve—I then asked her to unfasten the door and let me go—they both rushed on me—Brennan thrust her hand into my pocket, and got the watch, and the chain attached to it—Thomas was on my other side at that time, with her hand in my other trowser's pocket—she took out 2s. 6d., and some halfpence—she pulled out her hand, knocked my hat off my head, and took my handkerchief, and while I was picking that up, they opened the door and rushed out—one called out Bob, and the other, Jack—I went out, met a policeman, and told him what had happened—I saw Brennan again on the Monday night, opposite St. Giles's church—I had a policeman with me—I pointed her out, and 'aid, "That is the girl that stole my watch, take charge of her"—she said she had never seen me—I saw Thomas on the following morning, in custody
at the station—I am quite certain the prisoners are the persons that were in the room with me—my watch was worth three guineas, and the chain a guinea.
Cross-examined by MR. PAYNE. Q. What are you? A. A ladies'shoe-maker—I live at No. 1, Crown-court, Portpool-lane, Gray's-inn-lane—I had been to see my brother, up at Marylebone, and was returning home—I was quite sober—I am a single man—I had not been to church that day—I had not had more than two pints of ale between myself and brother—I had had no spirits all day—I had a drop of beer at my dinner—I lodge with my parents—I am thirty-two years of age—I did not know Brennan—it was nearly twenty-four hours after the robbery that I gave her in charge—we met each other—she did not attempt to escape—the beard what I said, and immediately denied having seen me.
MR. PRENDEROAST. Q. Did you point out to Bullock the place where this happened? A. Yes, I went back to the place with him.
GEORGE BULLOCK (police-constable E 28.) The prosecutor took me to a room in Lawrence-lane, St. Giles's, between twelve and one o'clock, on the night of the 22nd of Sept.—I cannot say whether the prisoners occupied that room—Carr is the deputy landlord of that house—I know the prisoners have been in the habit of resorting to that house—I have seen them both go there.
Cross-examined. Q. You never saw them living there? A. I hare seen them go into the house with men—I saw Brennan go in on this very night, previous to the robbery—this is the first time I have said so—I was never asked the question before.
MR. PRENDERGAST. Q. But have you seen them both resort there frequently? A. Yes—I know the house very well—it is a brothel—I have been eleven months in the neighbourhood—I cannot say whether they lived there.
JOHN CARR . I live at No. 1, Lawrence-street. This robbery took place in the two pair front—I was in the room underneath—I heard no struggle—I saw the prosecutor go up stairs with a policeman—I had been at the house for some time before—I did not see the prisoners run out—the house is a lodging-house—one part is let out to single men, and the other is let out to couples—it is called a brothel—I have seen the prisoners go in and out of the house—they are in the habit of going into all the rooms—I let the room in question to two men named Wynn and Squires—I do not know whether one of them is called Bob, or whether the prisoners are acquainted with those men—I see the prisoners go past the window to go into the house—I do not know which room they go to.
Cross-examined. Q. They do not live in the house? A. Not that I know—they never paid me any rent—they are unfortunate women—I had seen them there on the Friday—I live in the front parlour.
Cross-examined. Q. When you met Brennan did not the prosecutor say, "That is the girl who robbed me of my watch?" A. Yes; and she said. "What do you mean? I never saw you before in my life"—she denied ever seeing him before.
Thomas's Defence. I never saw the man.
BRENNAN— GUILTY . Aged 19.
THOMAS— GUILTY . Aged 20.
Confined Twelve Months.
OLD COURT.—Thursday, Oct. 30th, 1845.
Third Jury before Edward Bullock, Esq.
WILLIAM SMITH . I am a linendraper, and live at Albion-house, Shaftesbury-terrace, Pimlico. The prisoner had been in my service about five months—in consequence of missing some articles, I called him to me, on the 2nd of Oct., and said, "I suspect you have got something in your cap—let me see it"—he took it off, and then I found this hair—there was something over it, I think a handkerchief—we use horse-hair in our business—we had not missed it—it is a difficult thing to miss—he said, "I have put this into my cap for the purpose of protecting my head when I carry loads on it"—I sent two of my men to his lodging—they discovered property of mine there, and fetched a policeman—the horse-hair exactly corresponds with what he was working upon—it is my property.
JAMES CRUMT (police-constable B 154.) I was called to the prosecutor's shop on the 2nd of Oct., near eight o'clock, and received some horse-hair from Mr. Smith, which I produce—I took the prisoner into custody, and took him to the station.
The prisoner stated he was led to commit the offence by three men in the prosecutor's employment—he received a good character.
GUILTY .— Confined Three Months.
Second Jury, before Mr. Justice Coleridge.
NOT GUILTY .
Before Mr. Justice Maule.
1957. ANN FOX was indicted for feloniously assaulting Thomas Morris, and cutting and wounding him, with intent to murder him:—2nd COUNT, with intent to do him grievous bodily harm:—3rd COUNT, for discharging a pistol at him with like intent.
THOMAS MORRIS . I am assistant to a chemist and druggist, in Lawrence Pountney-lane. I know the prisoner—last Monday night, about eight o'clock, as I was leaving the warehouse, she fired at me with a pistol, the contents of which I received in my left thigh—I saw the flash of the pistol—it was nearly dark in the situation I was in—she was about two yards, or two yards and a half from me, I could see the figure of a female—a gentleman who had left the warehouse a minute or two before me saw her turn round and fire the pistol, and seized the prisoner immediately—I did not see him seize her, as I went into the warehouse and shut the door—about twenty shots entered the cuticle of my thigh, most of which dropped out as I undressed myself—they had penetrated my trousers, and just buried themselves in my skin—they are all out now—most of the others worked out in my way home—when I arrived at home I had only one left, which was very easily extracted with my finger and thumb—I applied a lancet—I rode home in a cab to Trinity-square, Borough—I bled a little, but not much—I am not disabled at all—I felt a little stiffness, which caused me to walk a little lame, but nothing at all serious—the wound was very superficial—the
prisoner has often said she would shoot me—I suppose she was in earnest as she has carried it into effect.
Cross-examined by MR. CLARKSON. Q. Did she also say she would shoot herself? A. She has often said she would make away with herself—I have certainly had connexion with her—I do not know that that has driven her half mad, or whether it is her own conduct since—she has certainly appeared very strange to me lately—she had a child—I never considered I was the father, she having acknowledged to me previously that she was in the habit of sleeping with other men—the pistol and my trousers are here—the policeman has some shot, powder, and caps, which he found on the prisoner—I have said she was not right in her head—I believe so, from her conduct to me—no person in her senses would resort to such transactions as her—for instance, after attempting to shoot me, the next time I saw her she addressed me in the most "admirable" manner possible, and appeared to have no recollection of what had occurred—I suppose the affection has been all on her side—I have not the slightest idea that she intended to take my life—she saw me when she fired at roe—I applied a little Goulard lotion to my thigh.
GEORGE MENDENSON . I am in the same employ as the prosecutor. I went out of the warehouse a little before him, and saw the prisoner walking straight on in the direction towards the warehouse-door—when I got a short distance from the door I turned round, and heard the report of a pistol and saw the flash—it was the prisoner fired it—I secured her and gave her to the policeman.
Cross-examined. Q. Have you been an old soldier? A. Yes, this pistol is intended for a ball, and has a cavity on purpose to receive one—a person in their senses would put ball in if mischief was intended.
ROBERT DAVIES (City-policeman, No. 491.) I was on duty in Thames-street last Monday night—I found the prisoner in the Bull's-head public-house, Thames-street, exactly opposite Lawrence Pountney-lane—she was rather fainting, and they were giving her water.
GUILTY of an Assault. Aged 35.— Confined Six Months.
Before Mr. Justice Coleridge.
MR. DOANE conducted the Prosecution.
EDWARD LUNT . I am a lighterman in the service of Messrs. Taylor and Bell, of Bermondsey. On the 27th of September I was in St. Katherine's Dock, passing through the lock with a barge a little after eight o'clock in the morning—I saw the prisoner in a ship's boat under the head of a vessel, very unnecessarily in my way—I said to him, "Old Buffey, shove round the other side of the barge, will you?"—I did not know him before—"Buffey" is a word we use, and does not mean anything offensive, just the same as "Old fellow"—he told me to take a b----y carrot—I said, "You are a nice man, to be sure"—he said, "So are you a b----y nice man"—I said, "It would not do for you to be a fellow-servant of mine"—he said, "No, so help me God, it would not"—I said, "Well, there is as good a bit of flesh here as there is there, I know"—he then
said, "I will come and drown you, you b——r"—he came out of the ship's long-boat over my barge cabin-top—I was halfway across the boat—he took hold of me and threw me overboard in a moment, headforemost—I did not expect he was going to do it, or I should have laid down in the boat—I can swim, and came up nearly where I went down, and saw the prisoner a foot or two from where he had been, still in my barge—there was a long staff in my barge, right alongside of him, at his feet—if he had put that out, it would have assisted me in recovering from the water—I went down headforemost, with my mouth wide open—it was very low tide when the fresh water could not come in, and the water is stagoated by the copper bottoms of the vessels—it was very nauseous—I got a good deal of it, and was struggling a great deal for breath when I came up—a number of people called out, "Pick the man up—the man will be drowned—there is the staff"—the prisoner did not give me any assistance at that time—I made off to the boat which he had come out of—a gentleman had got into it, and he rendered me assistance—I got into that boat—when I had got out of danger I had my hand on the boat's gunwale—another witness got hold of me, and I was pulled into the boat—the prisoner had then got into his own boat, and put his hand down to assist me; and said, "Why don't you take hold here?"—I said, "I have had enough of your hand"—he offered his hand again afterward, and I did take hold of it—he helped me into the boat—I did not know the prisoner before, and never had any quarrel with him—he was sober—he is a labourer, and may have seen me often and I not see him—the water was about six fathoms deep.
Prisoner. Q. Did I interfere with you before you did with me? A. I spoke first—you did not ask which way I was going—I did not say I would not go for an hour, nor challenge you to come into the barge—after I was overboard, you did not say you were sorry for it, but it was as much my fault as yours.
COURT. Q. Where was the long staff?—A. I left it there when I went over—I saw it not a minute before.
WILLIAM STEVENSON . I am a labourer, and was in St. Katherine's Dock, taking a barge round the pier-head—I saw the passage was blocked—I could not get along—I stopped my barge within about twenty yards, and saw the prisoner jump off his own boat on to the deck of the prosecutor's barge, and throw the prosecutor over between the lighter and my barge—I was not near enough to hear what passed—after he came up to the surface of the water, the prisoner went on board his own boat, and assisted to pull him up by the left hand—I could not render assistance from my barge, as it was loaded—I cannot recollect whether there was a long staff on the prosecutor's barge—I had got on the prisoner's boat, and assisted the prosecutor out of the water—I directly went to my own barge and did not hear any conversation—I heard the prisoner say it was as much the prosecutor's fault as his—I did not hear Lunt answer, as I turned to my own barge—I saw no struggling before he was thrown over—it was done momentarily—he went down head first.
GEORGE WEARE . I am a lighterman's labourer. I was on board the Amelia, quite close to Lunt's barge—I saw him haul his barge by mine—there was room for one barge—a few minutes after there was a report of "a man overboard, why not pick him up?"—I immediately jumped over the craft, and assisted in getting him out—I called the prisoner to assist me in getting him out, and he did—I did not hear him say anything to Lunt when
he dragged him into the boat; a custom-house officer on board my boat made a remark to him, which I could not hear—his answer was, "I would serve you the same."
Prisoner. Q. Did you observe the long boat? A. I did not—I cannot say whether you picked the prosecutor's hat up—I believe you afterwards took it on shore—I was rather confused.
JOHN COX (policeman.) I took the prisoner in charge about twelve o'clock the same day—I told him I wanted him for throwing a man over into the dock—he turned round to me, and said, "D—n your b—y eyes, I will not go with you"—he attempted to run away, as he ran I caught hold of him, and secured him at last—he said, "I certainly threw him overboard, but it was as much his fault as mine."
Prisoner's Defence. I did throw him overboard, but it was after being challenged to do it.
GUILTY of an assault. Aged 24.— Confined Nine Months.
OLD COURT, Friday, October 31st, 1845.
First Jury, before Edward Bullock, Esq.
GUILTY . Aged 38.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Six Months.
1961. JOHN WARD was indicted for stealing, on the 4th of Oct, at Wilsden, 1 watch, value 3l. 10s.; 1 seal, 1l.; 1 key, 15s.; 1 coat, 30s.; 1 pair of trowsers, 15s.; 1 waistcoat, 15s.; 2 handkerchiefs, 5s.; 1 pair of boots, 10s.; 1 sheet, 1s.; and 2 razors, 2s. 6d.; the goods of James Mamham, his master, in the dwelling-house of Stephen George Bowson; to which he pleaded
GUILTY . Aged 42. Transported for Ten Years.
1962. MARY BOWRON was indicted for stealing on the 14th of January, 10 sheets, value 10l.; 4 shirts, 3l. 12s.; 2 bed-gowns, 10s.; 3 table-cloths, 3l.; 1 pair of boots, 10s.; 2 handkerchiefs, 10s.; 2 shifts, 1l.; 3 napkins, 6s.; and 1 flannel, 2s.; the goods of Richard Brickwood Coltman, her master.
RICHARD BRICKWOOD COLTMAN . I am a hosier in Milk-street, Cheapside, and live at 31, Pall-mall—the prisoner lived in my service there for three or four months, and left on the 15th of April—during the time she was in my service I missed many articles, shirts, sheets, table-cloths, &c—these produced are them, and are my property—she was living with me on the 14th of January.
by the prisoner—I cannot swear to her having pledged any of these things—I have seen her.
JOHN HALL (police-constable C 16.) On the 4th of October I received some duplicates, which I produce, from Miss Pugh—I received a description of the prisoner, and afterwards apprehended her at No, 50, Devonshire-street, Lisson-grove. I told her what she was charged with—she said she was innocent—here are some others which I found at her lodging.
SARAH LEWIS . I live in John-street, Walworth. The prisoner came to lodge with me in April, and left some time in May—she left a box behind her—I looked into it, and found fifty-one duplicates, which I took to Mrs. Coltman.
Prisoner. I throw myself on the mercy of the Court.
GUILTY . Aged 31.— Confined Twelve Month.
JOSEPH BERGER . I am a clock maker, in partnership with my brother, and live in Leman-street, Goodman's-fields. On the 28th of Sept. the prisoner came to my shop, with two other men and a woman—they asked the price of some clocks which were hanging in the shop—they were all four together—no clock was bought—they all went out together—I missed a time-piece before they went out—I followed them, and directly they got outside the door, I saw one of the men put the time-piece into the prisoner's pocket—I seized the prisoner directly, and called for assistance—Mr. Samuels came, and I gave the prisoner to him—we took him into a passage, got a policeman, and gave him in charge.
JAMES SAMUELS . I am a printer, and live in Palmer's-folly. I happened to be opposite the prosecutor's house on this Saturday, about twelve o'clock—Mr. Berger called me, and I went to his assistance—I saw the prisoner in his custody—he asked me to hold him while he fetched a police-man—the prisoner was resisting, and trying to throw Mr. Berger—I saw him fumbling about his coat pocket, and saw a watch-key hanging from it by a piece of string—I thrust my hand in, and pulled out this time-piece, and said, "You are a nice fellow to do this"—he said, "I know nothing of it, the woman took it; why not take the woman? I was standing at the window, when a man rushed out and thrust it into my pocket"—I held him—he tried to throw me—I pushed him into a passage, closed the door, and held him till the policeman came, when I handed him over, with the time-piece.
Prisoner. It was not taken from my pocket. Witness. I pulled it out from his pocket—it was attached to the lining of the pocket, and he assisted me in taking it out.
Prisoner's Defence. I was looking in at the window, and the man came
out and put it into my pocket; the prosecutor came out and laid hold of me.
GUILTY . Aged 18.— Confined Twelve Months.
Before Lord Chief Baron Pollock.
MR. HORRY, on behalf of the prosecution, stated that he had no evidence to connect the prisoner with the offence.
NOT GUILTY .
Before Mr. Justice Coleridge.
1965. JAMES MONK and WILLIAM DAY were indicted for feloniously assaulting William James Cox, putting him in fear, and taking from his person, and against his will, 1 knife, value 6d., his goods; to which
MONK pleaded GUILTY . Aged 16.— Confined One Month.
MR. CLARKSON conducted the Prosecution.
WILLIAM JAMES COX . I am thirteen years old next month—I live with my father, at No. 3, Victoria-cottages, Hawley-road, Kentish-town. On the afternoon of the 1st of Oct. I went with M'Cane to Highgate wood, to get blackberries—in the field adjoining the wood we met four boys—the prisoners are two of them—they were together—Monk asked us if we would buy some blackberries of him—he had some in his cap—I said we had no money—we went on into the wood—the four boys came after us—. Monk asked us if we had got any money—I said no, we had not—he said, "What have you got in your pockets? let me look what you have got in your pockets?"—I had a stick in my hand—I offered it to him—he said that would not do—I had got a basket, and offered him that—he said that would not do—I had a top and string in my pocket, which I offered him—he said that would not do—I had a knife in my waistcoat pocket—he said, "What is that sticking out of your waistcoat pocket?"—I said, "A knife"—he said, "Let us look at it, or else I will hit you over the head with this stick"—he had a stick in his hand, which he held up—I took the knife out of my pocket, and gave it to him—he looked at it, and then passed it to one of the others—after they had all looked at it, Monk gave it to me again—Monk then said to Day, "You want a pair of boots, don't you?."—Day said, "Yes, and a jacket too"—Monk then went to M'Cane, and said, "We must have your boots, your fathers can buy more, but he has got no parents;"—I said, "I cannot let you have these, my father has something else to do with his money"—Monk then said to the others, "Suppose we have the knife, shall we?"—they said, "Yes"—Monk then said, "Come, give it out;" and I then gave it to him—he had the stick in his hand—he did not hold it over me then, or say anything about it—when I gave him the knife they went away—they did not take M'Cane's boots—they were all standing round me at the time—when they were gone we ran out of the wood—we then turned round, and saw they were running after us, about half-way up the field, or rather more—I saw a lady and gentleman, and told them what had happened—the boys on that ran into a field at the side of the wood, in a different direction—we went on to the Archway-road, and saw a policeman—I told him what had happened—he went with me—we saw the prisoners run past the Woodman—I pointed them out to the policeman—we followed them to Highgate and Hampstead—we
saw them in a public-house at Hampstead, and they were taken—I am certain they are two of the four—I saw my knife taken from Monk's trowsers pocket—it is worth 6d.
(Day received a good character.)
DAY— GUILTY . Aged 12.—Recommended to mercy.— Confined Fourteen
Before Lord Chief Baron Pollock.
MR. BRIERLEY conducted the Prosecution.
FREDERICK JOHN STOKES . I live in Spital-street, Spitalfields. On the morning of the 24th of Sept., I was taking a walk round Pocock's-gardens, Bethnal-green, and saw the prisoner beating his wife—I stopped and looked over the fence at them—after that he came out to me, and asked if I knew his wife—I said, "No, I neither know you nor your wife;" upon that he struck me a blow—I struck him again, and we had a struggle together—I at last threw him, and fell on the top of him—he caught hold of my throat, and said, "You b——r, I will choke you"—some man pulled me off him—he felt in his pockets, apparently for a knife—he asked a pot-boy, who stood by, for a knife—the pot-boy said. "It is time for me to cut," and ran away—the prisoner then ran into his garden, and into his cottage at the back of the garden, and came out with a knife, came up to me and said, "Where is the thief?"—he jumped up at me with the knife, and struck me—we had a struggle together—he struck me in the breast with his fist, and cut me on the head—I bled for an hour and a half—one or two people laid bold of him—I told them to hold him while I went for a policeman—the knife was not in the bent condition it is now before he stabbed me—Young got behind the prisoner, who threw the knife out of his hand, and Young picked it up—I got to the station, and they sent for a surgeon.
Cross-examined by MR. PAYNE. Q. What are you? A. A weaver—I was out of employ at that time—the prisoner had been drinking—I was standing with my head over the palings, looking at the prisoner and his wife—he came up to the gate, and said, "Do you know my wife?"—I cannot recollect his pushing me and saying, "Go on"—I was sober—he had been twice on the ground, and me on the top of him both times; and after getting up the second time he ran into the garden and the house, and came out again directly—I was not stopping there on purpose to fight again—he threw the knife down—I had had no quarrel with him—I had never seen him in my life—I have, received 1l. from the wife.
MR. BRIERLEY. Q. Had you done anything to provoke him? A. No—he struck me—we struggled and fell.
MICHAEL BURKE . I am a tailor, and live in Worship-street. On the 24th of Sept. I saw the prosecutor walking in Pocock's-gardens—I saw the prisoner run out of his house after his wife—they were quarrelling—the prosecutor was standing looking at them—the prisoner told him to go on—he did not go on—I did not hear what else passed, but the prisoner immediately struck him—there was a struggle, and they threw one another down twice—the prosecutor got up, and was thrown again—the prisoner
got up a second time, put his hand into his pocket, and said, "I will stab the b——r?"—he asked the people round had they got a knife—the pot-boy said, "It is time for me to cut," and ran away—the prisoner ran through his garden to his house, came back, and said, "Where is the b——r?"—as soon as he saw the prosecutor he came with a knife, and stabbed him right on the side of his head—the blood immediately flowed down his neck—the prisoner fell back against the garden palings—a man ran up and seized him by the hand—I told the man to hold him, which he did—two or three more came round—the prosecutor ran down to the bottom of the gardens, to see if he could find a policeman—I found two policemen, who apprehended the prisoner.
Cross-examined. Q. When the prisoner was on the ground, and the prosecutor on him, were not some men dragging him off? A. One man pulled him off the second time, not the first time—the prisoner seemed in a great state of excitement, and anger, after being twice on the ground—he ran into his house, and out again, as quick as he could.
MR. BRIERLEY. Q. Did the prosecutor strike the prisoner before he struck him? A. No.
SAMUEL YOUNG . I am a weaver, and live in Church-street, Bethnal-green. On the 24th of Sept. I was in the gardens, and saw the prisoner strike the prosecutor with a knife, which I picked up—this is the knife—I saw the blow struck.
Cross-examined. Q. The prisoner was very angry, excited, and partially drunk? A. He was.
THOMAS COBLEY (policeman.) On the 24th of September I apprehended the prisoner—he said he would go with me, that he was sorry for what he had done—he was not perfectly sober—I produce the knife which I got from Stokes.
Cross-examined. Q. He appeared to have been drinking? A. He did—I did not see him before the struggle.
GEORGE ALEXANDER FAULKENER . I am a surgeon. On the 24th of Sept. I saw the prosecutor at the police-station—he had a contused wound on the left side of his head, about an inch in breadth—it was not serious in its nature, but in the effect; it might have produced erysipelas—the wound might have been inflicted by the knife in question.
Cross-examined. Q. It was a contused wound? A. Yes—this is not a sharp knife—some subjects are more liable to erysipelas than others—the wound healed tolerably well—it is not a sort of wound that would bleed much.
(The prisoner received a good character.)
GUILTY . Aged 24.—Strongly recommended to mercy on account of hit character.— Confined Fifteen Months.
OLD COURT.—Saturday, November 1, 1845.
Second Jury, before Edward Bullock, Esq.
1967. WILLIAM JONES was indicted for feloniously breaking and entering the dwelling-house of Samuel Rutter, on 21st of Oct., at Ealing, and stealing therein 2 watches, value 5l. 5s.; and 1 watch-case, 10s., his property; to which he pleaded
GUILTY . Aged 17.— Transported for Ten Years.
1968. CATHERINE BASSETT was indicted for stealing, on the 10th of Oct., at St. Mary Abbott's, Kensington, 1 watch, value 6l.; and 1 watch-chain, 1s., the goods of John Roth, in the dwelling-house of Leah Nathan; to which she pleaded
GUILTY . Aged 17.—Recommended to mercy.— Confined Six Months.
GUILTY . Aged 18.— Confined Fourteen Days.
GUILTY . Aged 25.— Transported for Seven Years.
GUILTY . Aged 12.— Confined for Three Months.
1972. JANE MOLLOY was indicted for stealing 17 yards of merino, value 15s.; 2 gowns, 16s.; 1 snuff-box, 1s.; 1 brooch, 4s.; 2 books, 2s.; 2 napkins, 1s.; 1 apron, 1s.; and 1 necklace, 6d.; the goods of Robert Siminton, her master; to which she pleaded
GUILTY. Aged 15.— Judgment Respited.
1973. THOMAS MACROW was indicted for stealing 1 tray, value 1s.; 1/2 yard of baize, 6d.; 1 leather strap, 3d.; 1 knife, 3d.; and 111 cakes, 4s.; the goods of John Henry Cook, his master; to which be pleaded
GUILTY . Aged 18.— Confined Three Months.
Before Lord Chief Duron Pollock.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JAMES WOOD . I reside at Woolwich, and was formerly an officer in the marines. I am now on half-pay—I am owner of a farm called Woodlands, at Hawley, near Reigate, in Surrey—that farm was about to become vacant on the 29th of Sept.—it is rather more than fifty acres—I spoke to Mr. Tanton, a veterinary surgeon, who was attending a horse of mine, about finding a tenant for the farm, and he introduced the defendant to me as a person likely to take it—I first saw him on the 27th of March—Tanton brought him down to me at Woolwich—Tanton introduced him to me as Captain Hamilton—we had a conversation on the analysis of some poison; and I said to him,"Are you a doctor or captain?"—he replied "I am Captain Hamilton, of her Majesty's 5th dragoon-guards"—he staid and took dinner with me—I saw him several times afterwards on the subject of the farm, and while these communications were going on I mytelf made inquiry at Cox and Greenwood's, the army agents, on the 1st of May, respecting the character of Captain Hamilton, who I thought I was dealing with—after that inquiry I continued to receive him as Captain Hamilton of the dragoon-guards—I considered him a trump card—I introduced him to my family during his visits to me—I eventually agreed to let him have the farm—Mr. Nokes, of Woolwich, acted as my solicitor in that transaction—this
agreement, which is dated 14th May, 1845, is the bargain that was made for taking the farm—there is some brick earth on land of mine adjoining the farm, and both on the 27th of March, and the 3rd of April, the defendant spoke to me about making bricks—he said, the very first day he came, that he thought my earth was very fine for making bricks—he proposed, that if I advanced 500l. he would begin to make the bricks forme—he said he should be satisfied with fifteen per cent. for his trouble—I was to have the remainder—he said he thought I should make 5,000l. a-year by it—I advanced him 500l. for that purpose, on the evening of the 14th of May—I dated the check the 15th, on my banker's, Sir Claude Scott—this is the check—it has since been returned to me as paid—about three weeks after, he applied to me for 500l. more, for making bricks—he said he wanted more capital, and pressed me very much; and on the 3rd of June, after a great deal of pressing, I gave him 500l. more—before I advanced the first 500l. he said he was on leave of absence from his regiment for that time—he said so both in April and May, that he could get as much leave of absence as he liked, because he had got the Colonel under his thumb, he had assisted him out of a scrape with a lady—I think he mentioned the colonel's name as Scarlet, but will not be certain—my inducement to part with the first check, was because I thought I was dealing with a man of the highest honour and integrity, and a captain of the 5th dragoon-guards—no other consideration would have induced me to do so—I believed that representation of his to be true—I would most decidedly not have parted with the check if I had not believed his representation, that he was Captain Hamilton, of the 5th dragoon-guards—he said on the 3rd of April that he had been abroad in India, at Cabul, and had been severely wounded there—he said nothing about the Welsh riots at that time—while he visited at my house, I had a Miss Douglas, of Glasgow, staying at my house, a distant relation of mine—the defendant got a tenant for a furnished house of mine in the north, a Captain Barclay—he said he had got a very eligible tenant for me, and sent me down there to prepare it for his friend—when I returned, I found Miss Douglas had left my house, and the prisoner also—he came down again afterwards—he returned tome afterwards—I saw him myself at Mr. Douglas's, the father of a young lady, at Glasgow, in uniform, with spurs, trousers, and a sabre—I went down on the 16th or 17th of June, and ordered the house to be repaired, and then went to Glasgow—Captain Barclay declined taking the house afterwards—it was in July I saw the prisoner in Scotland in uniform, after I had advanced both these sums—he took possession of the farm, and began brick making.
Cross-examined by MR. BALLANTINE. Q. Are you on half-pay now? A. Yes—I am still a captain of the marines—my suspicions were first excited when in the north, in July, when I saw him there in regimentals—I ascertained that he was not Captain Hamilton on the 4th of August, when a document was put into my hand, I saw the handwriting was not his—I had ascertained the fact before, but it was proved then—I felt quite sure he was not Captain Hamilton on the 4th of August; I had suspicion before—Mr. Keene is my present attorney—he has only been so this year—an advertisement brought me to Mr. Keens's office, I think in March or Feb.—I consulted him on that business—I knew he had been defending a brother officer—I cannot say whether he was Mr. Douglas's solicitor—I had gone before the Magistrate respecting this, on the 4th of August—I went in company with Mr. Keene to the Police-court—I do not recollect whether
Mr. Douglas was there—I do not think he was, but he was a good deal with me at that time—I went to Bow-street once with Mr. Keene, alone—I went with Mr. Keene and Douglas to Marylebone-offlce.
Q. Did you make any charge against the defendant at Bow-street, or did Mr. Keene, by your direction? A. I left it all to Mr. Keene—I did not go there to charge the defendant with obtaining a watch from Miss Douglas, by false pretences—I went wherever my solicitor told me—I might have accompanied Mr. Keene when he went about that business—I know nothing about the watch—I accompanied him several times, and did not know what he was doing—I know there was something about a watch—I think I went with Mr. Keene to get a warrant on this charge, but they would not give us one—I gave no notice to the defendant, I left it to my attorney—I have not given evidence before a Magistrate on this charge—I preferred a bill before the Grand Jury in Aug.—I suppose Mr. Keene gave the defendant notice of it—I left it all to him—I preferred two bills, one in reference to the agreement for the farm, which is dated 14th of May, 1845—the bricks were talked about the very first day he came to my house—the first 500l. was paid on the evening of the 14th, after the agreement was entered into—I do not know that he has been sued in a civil Court to recover the 1000l.—I left it all to Mr. Keene—I never received a card from the defendant, nor ever had one of his cards in my possession—he never paid me anything for the land—he got it from ray tenant—he was to pay me 50l. a-year for the farm, for fifty acres—(looking at the back of a card)—I will not swear this is not my writing here—if I was obliged to swear, I should swear it is not—I will swear it is not my writing—I do not remember the memorandum that is on it—it is not like my writing—this "J. Wood" on it is not my writing—(looking at an affidavit)—this is my writing—(looking at several letters)—part of the third of these, dated 14th of May, is not my writing—the letter is my writing, but not this part—two lines, with my name signed to them, is all a forgery—here is a memorandum on the same letter which is not my writing.
Q. Had you any conversation with the prisoner on the subject of your being a partner in this brick-making? A. Yes, I said I never would be a partner—I never proposed to him to be a partner, and never agreed to be so at any time—I would allow nobody to be a partner with me—there was a conversation about partnership—he wished to become a partner—he wanted to make me a partner, for he said it would be "Wood and Hamilton"—I said, "No, it must be in your name, and in the bank too; I never will be a partner"—I meant the funds in the bank were to be in his name—he told me he had made bricks before—the money was obtained to turn part of this field into a brick-field—it was to be used for that purpose alone—I never would have entered into the speculation if I had not considered him a responsible person—he had previously represented he was perfectly acquainted with brick-making—I went to Sir Claude Scott, with whom I had just cleared off a debt by the sale of some timber, and borrowed the money of him at 5 per cent. to meet the check—I never went to see the field till I returned from Scotland, on the 5th of Aug.—I had trusted entirely to the defendant's honour—I knew nothing of it, nor what was necessary to be spent on it—there were not half so many bricks as I supposed on the field—I cannot say whether there were 100,000—if they had been burnt properly, I dare say they would have fetched 300l.—I go by other people's opinion—I know nothing of it—I have not seized
the bricks—after he was apprehended there was a seizure for duty, which was about 40l. or 50l.—I believe there were four or live horses on the premises—I took steps, by the suggestion of my solicitor, to prevent the money being withdrawn from Sir Claude Scott's—there is about 400l. there—I have no memorandum given me by the defendant in reference to the money at the banker's, nor have I destroyed any memorandum—I knew the defendant had letters in his possession from Miss Douglas—the last time I went to Woolwich I told him he ought to restore them—I think that was about the 5th of August—he said he would never part with them as long as he lived.
Q. Since this charge has been preferred, have you over and over again offered to withdraw from it, if the letters were returned? A. Never once, nor instructed my solicitor to do so—I have not applied for their return—they were offered to be returned once—I never directed anybody to apply for them—I am positive—I was introduced to a Miss Tanton, who proposed something about the letters—Mr. Tanton was not present—I believe I mentioned to Mr. Tanton that if everything was given up I did not wish to bring him into Court—I had no wish to expose him, and be put to the enormous expense I have—I have not got the letters—I know nothing of the prisoner's having an engagement with Miss Douglas—I had a conversation with the prisoner about her fortune—I never told him I had found a nice little wife for him, or anything to that effect—I think I may venture to swear I did not—I never said I had ascertained the amount of her fortune—I do not recollect saying she was a girl of large fortune—I do not. know that we had any conversation about the amount of her fortune—I did not say it was 30,000l. or 40,000l., nor anything of the kind—I never said if he married her, what was to be done with part of her fortune—I deliberately swear that—nor that it was to be made available for the brick-field.
Q. Did you tell him, "If you marry this girl you will be able to throw so much more into the brick-field?" A. I do not know; I do not recollect anything of the kind—I never did say so, I am positive—I did not tell him I had considerable influence with her father, nothing of the kind that I am aware of—I think I may safely swear it—I do not recollect saying I would use my influence with her father on his behalf—it may have happened—I do not recollect his saying he did not care a farthing for my influence, he could get the lady without it—I remember no conversation that could lead to such a thing—I am to pay the expense of this prosecution, and not Mr. Douglas—I employed Mr. Keene—the prisoner collected some rent for me, and paid some bills out of it—he collected twice as much as he paid—he paid Collards' six guineas for the hire of a piano—he asked for power to collect my rents—he saw Collards' bill, and said he would pay it—he said he had rente, and I told him to pay it out of them.
MR. BODKIN. Q. What amount of rent did he collect? A. I think he received between 15l. and 16l. together—the advertisement I was introduced to Mr. Keene by was about an estate that was to be sold—the name of A. R. Hamilton, brick-maker, was on the brick-carts, and nothing else—I made an estimate of the expenditure on the brick-field, and if the bills had all been paid it would have amounted to 270l., but none of them are paid; they have all been sent to me—I have been put to the deepest distiess, and a bailiff sent down to seize my furniture—when Miss Douglas was staying at my house I believed the prisoner was a captain of the 5th dragoon-guards—I always considered him a brother officer, and wrote to him as such.
JOSEPH TANTON . I am a farrier, and live in Gray's Inn-road. I know Mr. Wood and the defendant—I was aware Mr. Wood had a farm to let—he spoke to me about a tenant for it, and I introduced the prisoner—he went down with me to Captain Wood's, and I introduced him—I knew him as Captain Hamilton, not of any regiment—when I introduced him to Mr. Wood I do not know that I mentioned any name—I might say, "Captain Hamilton" and "Captain Wood," and I believe I did—in the course of our interview there was a conversation about the illness of a horse—the prisoner spoke on the subject—he and Captain Wood went to the infirmary to examine the horse—the prisoner said he thought it had been poisoned—in the room at the time we went down, Captain Wood was going to introduce him to Mrs. Wood, and said, "How shall I introduce you; as doctor?" but the rest I did not hear, as the door closed, and I was left in' the little parlour—the prisoner is connected with my family—I said to him, "I will tell Captain Wood you married my daughter"—he said, "No, don't tell him that now, he might think I want something of him, but I want nothing more than I will pay for."
cross-examined by MR. BALLANTINE. Q. I believe you have since discovered that he is not married to your daughter? A. I am told so—I have nothing to prove it—Captain Wood told me he had two or three farms in Surrey, and I introduced the prisoner—it was not at the prisoner's application—I knew nothing about the bricks—I went with the prisoner to buy some materials to make bricks with, tools and barrows—I saw him pay for them—I do not know to what amount—I saw them—I should think they were worth from 15l. to 20l.—he had never told me himself that he was Captain Hamilton of the dragoon-guards—the introduction I made of him was in consequence of something my daughter told me—I have known Captain Wood twenty-four years—I know his hand-writing, but could not swear positively to it—I have had many notes from him, but could not take on myself to swear to his handwriting—I should think the writing on this card (looking at one) is Captain Wood's hand-writing—I could not swear to it—I believe it is Captain Wood's; I think so; I do not know—I have no knowledge of handing that card to the prisoner—I never, to my knowledge, received a card from Captain Wood to hand to the prisoner—I know nothing about the card.
MR. CLARKSON. Q. Pray, how long have you known Captain or Mr. Hamilton? A. I should think two years, by seeing him, but not personally to speak to him till since last March—my daughter has been living with him since last April—I had reason to believe he was married to my daughter, until lately, from what she told me—I cannot say when I was disabused of that—I did not know she was not married to him at the time I took him to Captain Wood.
COURT. Q. When you said to him, "Shall I tell Captain Wood you have married my daughter?" did you believe he bad married her? A. I did.
MR. CLARKSON. Q. That was when you introduced him to Captain Wood? A. Yes, I did not know him by any other name than Captain Hamilton—I did not know him as Dr. Ayton—I am not quite satisfied now that he is not my daughter's husband; it is about a week or ten days ago that I was first told they were not married—she continues to live with him up to this time, as far as I know—they live in Duchess-street, Portland-place, No. 8 or 9—they have lived there ever since last April or March, when my daughter left my house—she is living there with him up to this time from what I know—I do not know Mr. Lane, the
attorney, of Argyll-street—I have not been to his office—I have never been shown any of these papers.
WILLIAM NOKES . I am a solicitor, and live at Newington. On the 7th of May last I received instructions to prepare an agreement for a lease to let a farm, from Captain Wood to the defendant—I saw the defendant on that occasion—Captain Wood stated that he wished me to prepare an agreement for the farm, as he had agreed to let it to Captain Hamilton—the defendant was present—it was at Captain Wood's house—I was sent for there—on my first entering the room, he introduced me to him as Captain Hamilton of the dragoon-guards—in the course of conversation I asked the defendant, whether I should describe him as of the dragoon-guards?—he said, "No, not of the dragoon-guards; we are not now on military business; I reside in Duchess-street, Portland-place"—he did not say who he was—Captain Wood introduced him to me as Captain Hamilton, of the 5th dragoon-guards.
Q. Endeavour to recollect what passed, on your asking if you should describe him so in the lease? A. He said, "No, as we are not now on a military business, I reside in Duchess-street, Portland-place, therefore describe me as living there"—those were the words, as near as I can possibly recollect—an appointment was made for the following week to sign the agreement.
Cross-examined by MR. BALLANTINE. Q. I believe he said, "Of Duchess-street, Esquire." A. Yes, I so described him—I mentioned to Captain Wood that I had done so—I was not directed by Captain Wood to prepare articles of partnership—he spoke to me about a partnership—I prepared no articles—Captain Wood refused to enter into partnership—no draft of agreement was prepared in reference to this brick-field that I am aware of—I am not the solicitor for this prosecution—I occasionally practise here.
MR. CLARKSON. Q. Captain Wood refused to become a partner; was that on your advice? A. It was.
MR. BALLANTINE. Q. Did you see it done? A. No, T did not.
MR. BODKIN. Q. Has that check passed through your banking-house? A. Yes it is crossed with our name—it was entered into Captain Hamilton's account—it is marked as a paid check—at the time it was drawn Captain Wood had an account with us—the defendant opened an account with this check—this is his pass-book—here is 500l. entered to his account that day—here is a check for 500l., dated 3rd June—that was passed to the credit of the same account.
Cross-examined by MR. CHARNOCK. Q. The account was opened with that check? A. Yes, he did not take the money out then—(looking at the pass-book)—20l. was paid in on the 20th of May, 35l. on the 21st, and 150l. on the 23rd—the first check he drew was for 5l., dated 19th May, but paid on the 21st—I cannot say whether that check was paid before the 150l. was paid in, as it is the same day—the first item debited is on the 21st, 5l.—the 51. was drawn before the 150l. was paid in—the amount altogether paid in by Mr. Hamilton was 1376l. 15s. 6d., including the two 500l.—the balance in our hand is 440l. 2s.—the last sum paid in was 120l., on the 25th June—the checks go down to Aug.—the last sum drawn out was 125l. on the 6th Aug.
MR. BALLANTINE. Q. Had you not a tenant named Stacey, to this land? A. Yes—it was necessary to pay him something for the land—I think the rent was 15l.
JOHN CHURCH . I am of no profession. I live on my means, at No. 67, Great Portland-street—I know Mr. Wood—I dined at his house in company with the defendant on the 2nd of June, I believe—the defendant was introduced to me as Capt. Hamilton, and at table he answered to the name of Capt. Hamilton—he and I were left alone after dinner, and supposing he was either in the Marines or the Royal Artillery, I began to talk about both those corps—when I made some observations about them, the defendant said, "I do not belong to either of those corps; I have a troop in the fifth dragoon-guards."
JOHN HASE . I occupy the house, No. 1, Frith-street, Soho. I am the landlord—the prisoner occupied part of my house nearly three years—he has left about six or eight months—he went by the name of Dr. Robinson Ayton—I believe he practised there as an accoucheur.
CAPTAIN ARCHIBALD ROWAN HAMILTON . Some time since I held a captain's commission in the fifth dragoon-guards. I retired from the regiment at the end of last March—I have a brother a lieutenant in the regiment—there is no Captain Archibald Rowan Hamilton in the fifth dragoon-guards except myself—the defendant is no connexion or relation of mine—he was not in the regiment at the time I was.
GUILTY .— Transported for Seven Years, on the 2nd Count.
Before Mr. Justice Maule.
1975. CHARLES GIBSON was indicted for feloniously assaulting William Day Davis, and cutting and wounding him upon his upper lip and left hand, with intent to resist and prevent his lawful apprehension and detention:—2nd COUNT, with intent to do him some grievous bodily harm.
WILLIAM DAY DAVIS (police-constable A 36.) On Monday, the 20th of Oct., about one o'clock in the morning, a disturbance took place in Keate-street, Spitalfields—I saw the prisoner and Moses Isaacs having a disturbance there—Isaacs called out, "Police!"—I saw the blood run from his nose—he told me he was stabbed—I then went to take the prisoner into custody—I put my left hand up and seized him by the collar—he resisted, and struck my left hand with something sharp, which cut me—I seized him—we wrestled together—he then struck me in the mouth—something entered my lip—it penetrated into my mouth as far as my teeth—with the force of that blow I was obliged to let him go—I bled—he ran away, and I lost sight of him—I followed him, and gave information to Sergeant Barker—Isaacs and I then went in search of the prisoner, and about four o'clock I saw him in custody of Barker.
HENRY CHARLES BARKER (police-sergeant.) On Monday morning, the 20th of Oct., I saw Davis in Keate-street, bleeding from the mouth, and complaining of being very faint—I saw Isaacs bleeding profusely from the nose—I went with Davis to a coffee-shop in Norton-falgate, found the prisoner there, and took him into custody—I said, "I shall take you for stabbing this man"—he said, "I never struck you a blow, Davis"—Davis said he was the man—I produce a ring which the prisoner said he had on his hand—what the prisoner said before the Magistrate was taken down
in writing—I know this to be the Magistrate's signature—(read)—"The prisoner says, 'I never cut him, I will be upon my oath; I had a ring upon my finger, and a pipe in my hand'"—I went to Mr. Mears, the surgeon, with Davis and Isaacs—I have since seen Isaacs as a prisoner in Newgate—he has been transported.
THOMAS MEARS . I am a surgeon to the force, and live in Brick-lane, Spitalfields. About four o'clock, on the morning of the 20th of Oct., Davis was brought to my house by Barker—he had a punctured wound upon the upper lip, extending to the teeth, and a cut upon the left hand—the wound was inflicted by external violence—I examined Isaacs, he had a punctured wound against the nostril—the wounds could not possibly have been produced by the ring—they wire done by some very small sharp-pointed instrument—it must have been sharper than the end of a tobacco-pipe.
Prisoner's Defence. Isaacs followed me home, and would have had me out of doors chaffing at me; directly I came down Davis seized me; they were both upon me at once; I got away from them.
GUILTY of an Assault. Aged 22.— Confined Three Months.
OLD COURT.—Monday, November 3rd, 1845.
Fourth Jury, before Mr. Common Sergeant.
1976. WILLIAM ELLIS was indicted for stealing, on the 21st of Oct., 1 3/4lb. weight of hair, value 1s.; also, on the 25th of May, 1 mat, 10s.; the goods of Samuel Colley, his master; to which he pleaded
GUILTY . Aged 30.— Confined Four Months.
GUILTY .— Confined Three Months.
GUILTY .— Confined Nine Months.
GUILTY . Aged 18.— Confined Three Months.
1980. EDWARD HODGES was indicted for feloniously breaking and entering the dwelling-house of James Sibbley, on the 21st of Oct., at Finchley, and stealing therein, 3lbs. weight of bread, value 6d.; 1lb. weight of bacon, 8d.; 1 hat, 10s.; 1 coat, 15s.; 1 waistcoat, 2s.; 1 shawl, 5s.; 2 gowns,8s.; 1 frock, 5s.; 2 caps, 6d.; 1 petticoat, 1s. 6d.; 6 spoons, 6d.; his property.
JAMES SIBBLEY . I live in Nether-street, in the parish of Finchley. On Tuesday, the 21st of Oct., I left the house at two o'clock in the afternoon—I left the door locked fast, and the window down—no person was left the house—I returned at a quarter past two, and saw nothing amiss—at half past three I came past again, and saw somebody had been at the window—I
unlocked the door, and went in—I found the cupboard door open, and some bread and bacon gone from it—a little box was also taken from it, but nothing was gone from that—I missed the articles stated—the house appeared to have been entered by the bed-room window, by slipping the bed-room window up—they had nothing to do but to lift it up—the hat has been found—this now produced is it.
cross-examined by MR. DOANE. Q. do you occupy the whole house? A. yes—I have two children—I did not leave them at home—they were at a house five minutes' walk from there—I am sure they had not been in the house—this is my sunday hat—I can swear to it—I know it well—I saw it on the thursday evening.
EDWARD BOOME . About three o'clock on this tuesday afternoon I was going towards sibbley's house, and saw the prisoner standing out at the front of sibbley's house—he asked me what o'clock it was—I told him I did not know—he then threw dirt in my face—I went up and knocked at sibbley's door—no one answered—I saw a man, dressed in dark clothes, run from the back of the house down the field in which it stands—when he got to the bottom of the field I saw him take up a bundle—the prisoner ran down towards the man—they were together.
cross-examined, Q. where did the other man take the bundle from? A. from the hedge at the bottom of the field—I had never seen the prisoner before—I am not mistaken about him—I saw him next on the thursday night—I swear he is the man.
DINAH DAWSON . On this tuesday afternoon, the 21st of oct, about half-past two o'clock, as I was standing in our garden, I saw the prisoner pass our house, with two other lads, towards sibbley's house, which is about 100 yards from ours—I saw them return about four o'clock, in a direction from sibbley's, and go across a field facing our house—one of them had a bundle.
(the prisoner received a good character.)
GUILTY . Aged 20.— confined one year.
GUILTY .— confined three months.
1983. DANIEL GARRATT, alias daniel john garratt , was indicted for feloniously and corruptly receiving, from john bush and richard mullens, 150l., under pretence of helping them to one box, value 5s.; and 200 scrip certificates, value 4000l.; the property of daniel hartley, before then stolen; not having caused the person by whom they were stolen to be apprehended and sent to trial for the same:—other COUNTS, varying the manner of stating the charge.—also, for stealing, on the 28th of july, 1 portmanteau, value 10s.; 2 pairs of trowsers, 1l.; 1 scarf, 3s.; 2 pairs of shoes, 10s.; 2 breast-pins, 10s.; 1 pair of gloves, 1s.; 5 shirt-collars,2s.; 2 cravats, 2s.; 1 pair of scissors, (6d.; 1 razor and case, 2s., 2 combs, 1s.; 1 brush-case, 10s.; and 1 ivory memorandum-book, 6d.; the goods of John Bampfylde Daniell:—2nd COUNT, stating them to be the goods of the Great Western Railway Company.—Also, on the 26th of Aug., 1 carpet bag, 10s.; 6 shirts, 18s.; 5 pairs of stockings, 5s.; 4 handkerchiefs, 10s.; 1 brush, 4s.; 1 comb, 1s.; 1 hat, 14s.; and 1 hat-case, 5s.; the goods of William John Winter:—2nd COUNT, stating them to be the goods of the Great Western Railway Company.—Also, on the 19th of July, 1 portmanteau, 2l. 10s.; 1 cloak, 10l.; and 1 pair of trowseri, 12s.; the goods of Edward Bacon Frank:—2nd COUNT, stating them to be the goods of the London and Brighton Railway Company.—Also, on the 15th of July, 1 travelling-case, 2l.; 1 holland coat, 5s.; 1 waistcoat, 2s. 6d.; 1 stock, 3s.; 3 handkerchiefs, 4s.; and 15l. note; the property of John Beddingfield:—2nd COUNT, stating them to be the property of the London and South Western Railway Company;—to all of which indictments he pleaded
GUILTY . Aged 39.— Transported for Seven Years.
1984. DANIEL GARRATT, alias Daniel John Garratt, was again indicted for stealing, on the 8th of July, 1 writing-case, value 4l.; 10 sovereigns, and 4 promissory-notes, for divers sums of money, amounting In the whole to 1860l., the property of Vaughan Prance; and CHARLES MAYNARD, alias Charles Gregory Maynard , for feloniously receiving the same, well knowing them to be stolen.—Other COUNTS, charging Maynard as an accessory after the fact, and describing the property as of the Great Western Railway Company; and that Maynard had been before convicted of felony; to which
GARRATT pleaded GUILTY . Aged 39.— Transported for Seven Years more.
MESSRS. CLARKSON, BODKIN, and HUGHES conducted the Prosecution.
VAUGHAN PRANCE . I am a solicitor, residing at Nether Stowey, near Bridgwater. On the 8th of July last I was a passenger from London to Bridgwater, by the Great Western Railway—I went by the mailtrain at night—among my luggage I had a writing-case—this now produced is it—I saw it labelled, and put on a truck on the platform, for the purpose of being carried—when I delivered it to the porter, I said, "It is too valuable to lose"—there were several persons about the platform at the time—on my arrival at Bridgwater next morning my case was missing—it contained ten sovereigns, six promissory-notes, and property altogether worth nearly 2000l.—I communicated my loss to the authorities of the Railway Company that same night, immediately on my arrival at Bridgwater—I heard no intelligence of my case until the arrival of this letter, (marked A.,) at Nether Stowey, that is eight miles from Bridgwater—it reached me by post—I did not receive it till the Sunday evening, when I returned from the Winchester Assizes, and found this among a number of other letters—it was in this envelope—the London post-mark is "Old Cavendish-street.
THE HON.—PETRE. The prisoner Garratt formerly lived with me as servant—I had then opportunities of seeing his handwriting—to the best of my belief this letter ("A") is his handwriting—I believe these also resemble bis handwriting ("B" and "D.")
Cross-examined by MR. BALLANTINE. Q. When did Garratt leave your service? A. I think in 1837 or 1838—I found him a very honest servant, and always very sober and obliging—I do not know Maynard.
Letter "A" read.—"To Vaughan Prance, Esq., Nether Stowey, Bridg-water, Somerset—Saturday, July 12, 1845.—Sir, Your writing-desk, with leather-case, containing many promissory-notes, and bills of exchange, is safe,—a liberal reward must be paid for its restoration; the present holder of the documents will search out an agent, whose respectability and responsibility is unquestionable; and you must satisfy yourself by his references, that he can be entrusted to negotiate an affair of so confidential a character, as it must be passed through some agency. You will please reply to this letter in the Morning Post, thus:—' Alpha will give £ if all the papers are returned safe. 'This advertisement will be understood—"none but principals will be allowed to interfere."
MR. PRANCE re-examined. Upon the receipt of that letter, I immediately transmitted it to the Directors of the Great Western Railway Company—I afterwards received this letter ("B") in this cover—it reached ma in the course of post, on July 19—it is dated 18th—(read—"Sir, Unless an advertisement, offering a suitable reward, appears in the Morning Post, on Tuesday next, the valuable documents will be no longer under my control; and will be irrecoverably lost to you.—To Vaughan Prance, Esq., Nether Stowey, Bridgwater.")
JOSEPH COLLARD . I am superintendent of the Great Western Railway police. I was present after Maynard was taken into custody, when his residence, No. 19, Howland-street, Fitzroy-square, was searched—I knew he was residing there—I have known him for a number of years—I took these short-hand memorandums and papers from his person when I took him into custody.
Cross-examined. Q. I believe short-hand varies very much? A. It does—there are many systems of short-hand—these papers were first shown to me by Mr. Nash, about two months ago—he showed me some letters afterwards—I made something out of them before the letters were shown to me—immediately they were put into my hands I translated some of the words—I cannot do that with every school of short-hand, only that one school—I have known the school of short-hand, which Maynard writes, for twelve years—it is the same that I write—I made out several words at once—I made out the remainder by spelling them—I ultimately took the letters and worked them out together, until I had done that, I did not give an entire statement of the contents.
MR. BODKIN. Q. What system of short-hand is this? A. Gurney's—I could give the substance of these papers, without the assistance of the letters at all.
CHARLES NASH . I am managing clerk to the solicitors for the Great Western Railway Company. I was present when this paper was found at Maynard's house, about five or six days after he was arrested—it was found under the grate, torn up into pieces—I have since put the pieces together, and this is the result.—(This being read, was exactly similar to the letter marked A., the word "very" being added to the sentence "a liberal reward must be paid")
MR. GREGORY re-examined. I have translated this other paper, and ran pledge myself to its correctness—(this was exactly similar to letter B,)—here is a short-hand copy of the advertisement to be put in the Morning post on the 22nd, and copies of the letters of the 23rd and 24th, marked "D" & "E"
MR. PRANCE re-examined. An arrangement was made between me and Mr. Seymour Clark, and an advertisement was inserted in the Morning Post on the 21st of July—I believe this to be a copy of it (marked "C," read—"Alpha is at Morley's Hotel, but will leave Paddington for B----at two o'clock to-morrow; subsequent events have altered the value of the papers lost, which Alpha in an interview can easily show; but a suitable reward is not objected to.") I was in town at that time, and putting up at Morley's Hotel—from the time I first interfered in this matter, down to the prisoner's apprehension, all I did was in communication with the Great Western Railway Company and the police—this letter marked "D," did not reach me on the day it bears date—it was forwarded to me from Morley's Hotel to Nether Stowey—this letter marked "E," I received in the course of post.
Letter "D" read. "To Alpha, Morley's Hotel, Charing-cross (postmark 23rd of July, Edgware-road) 23rd July, 1845. Sir, The agent whom I have selected to arrange the matter referred to in the Morning Post of to-day is unfortunately at Sandhurst, and will not return till Saturday morning next; but I will address a letter to him to-morrow, which he will answer to your residence at B----, and you must name the amount of reward you will give for them; they are nevertheless of real value; to instead of three dots after the£, fill up the sum in letters."
Letter marked "E" read. "Sandhurst, Kent, July 24, 1845. Sir,—a stranger called at my office last week, and represented that he had found a travelling writing-desk and contents, your property. He emphatically asserts that he did not obtain possession of the same dishonestly, for in fact he never received it at all. Now the party has requested me to see you on the subject, and if perfected through my agency, you will be so good as to address a letter to my house, No. 19, Howland-street, Fitzroy-square, London, stating the sum you will give on the papers being given up into your hands. The party is evidently a shrewd man of business, and says the documents are valuable; and further, that no good can be effected with the debtors unless the creditor has them back again. He has thrown out a hint that 100l. ought to be paid as a reward, but he will take 50l., which sum he will have paid into my hands ere he restores the papers, accompanied with a redemption on your part from any ulterior proceedings in the event of future occurrences. The cash may be safely deposited in my hands, as you will soon know upon an interview, and the papers not in my possession brought to my office within two hours afterwards. I shall be in town on Saturday morning, but must return again into Kent early on Wednesday morning, so I trust the matter will be arranged satisfactorily on or before Tuesday. I reckon the party is acting under the tuition of some sharp practitioner. I am, Sir, your obedient servant,
MR. PRANCE re-examined. As these letters came into my hands I immediately sent them to Mr. Clark, of the railway—I came up to London on the 4th of August, I believe—I went to the terminus of the Great Western Railway, and there learnt that an appointment had been made with Maynard—I remained there some time—I did not see him that day, hut I believe he came—Mr. Nash showed me a letter addressed to Mr. Clark, in consequence of that I was directed to attend on the following morning, Tuesday, the 5th, at nine o'clock—I went, and found Mr. Nash—the prisoner, Maynard, came there that morning—Mr. Nash introduced me to him
and Maynard immediately began by telling me that he was a most respectable and responsible man, and a man of very large commercial dealings—he began to give me his references—he gave Messrs. Fennelland Co., of Bedford-row, as his solicitors, who had done a great deal of business for him—I stopped him, and said I did not want his references, for I should pay no money until I had ray desk and my papers—I showed him the anonymous letters which have been read, and asked if they were in the handwriting of his principal—he said they were—he looked at them—I took them all up, and showed them to him—I had a good deal of conversation with him about the sura to be paid for the restoration of this property—25l. was ultimately named—he at first wanted 40l.—I said I would give no such sum—he wanted me to accept his undertaking to restore the desk after I had paid him the money—I told him I would do no such thing, for bis principal was a great rascal, and however he might be disposed to perform his undertaking, his principal might put it out of his power to do so, in which case I should lose money and desk too, and I did not feel disposed to run that risk—he asked me whether there was any money in the case—I told him I thought he ought to know as well as I did, and I asked him if there was not ten sovereigns in it—he said, "Yes"—I then asked him how his principal came by it—he said he had stumbled over it in a bye-road, it was open, but all the papers were quite safe in it, and the money also—(my name and address is on the outside leather case, and upon a great many of the deeds inside)—I said it was of no use to tell me that, for it was stolen, to which he replied, "I should say so too"—the arrangement I made with him was reduced to writing, this is it—(read)" London, August 5, 845. Sir, In consideration of your having agreed, and hereby agreeing to band over to me my writing-desk, with its contents, consisting of six promissory notes and various other documents and papers, I hereby undertake to pay you the sum of 25l. immediately on receipt of the same. Vaughan Prance"—there are some words struck out—they are, "which were stolen from me"—he objected to those words, and said he would not have the undertaking if those words were in it—I repeated that they were stolen, and he said, "Oh, we understand all about that"—I do not know whether they were struck out before or after I signed it—they were struck out with my knowledge—I was afterwards at the Guildhall Coffee-house, in company with Mr. Nash.
Cross-examined. Q. Were you alone with Maynard at this meeting, or in company with Mr. Nash? A. I was with Mr. Nash—he heard all that passed—either I or Mr. Nash put my pen through the words "which were stolen from me"—Maynard did not say throughout, that he believed them to have been found, because, on my saying they were stolen from me, he said, "I should say so too"—I do not recollect anything passing about a cab—he did not infer that they might have been originally stolen, then dropped, and found by his principal—that was certainly not the inference I drew from what he said—I do not think he knew who Mr. Nash was—I do not know whether he was introduced to him—Mr. Nash occasionally joined in the conversation—I conducted the principal part of it—I did not go for the purpose of getting his statement, and subsequently making use of it in a court of justice—I went there to see the person who pretended that he could restore to me my papers—I did not mean to pay him any money, certainly—my object was to discover the thief—I intended to prosecute the person who I believed to be the thief.
Q. Did you intend to prosecute the person who advertised the return of
this property? A. I cannot tell who I intended to prosecute, because I intended to be guided by circumstances—what he said was not extorted from him, to be used against him—Mr. Nash and I had not settled before we went that he was to be given into custody; because if he had given up his principal instantly, there would have been an end of it—if he had convinced me that he had only been acting bond fide, of course I should not have given him in charge—I am sure he asked me whether there was any money in the case; he also asked me whether there was any silver in it—I do not think I made any reply to that—I then asked him if there were not ten sovereigns in the case, and he said there were—Maynard subsequently put the case into my hands at the Guildhall coffee-house—at that time it had no sovereigns in it—Garratt was not apprehended for some time afterwards—Maynard said his principal looked like a publican—he did not say he was a person who wore large whiskers—he said he would do the best he could to find him.
Q. Have you any doubt that Garratt was apprehended in consequence of the account given by Maynard? A. I cannot form any conclusion on that point, because I do not know what were the circumstances that led to Garratt's apprehension—I was in the country at the time—Mr. Nash told me he was apprehended—he did not tell me it was through the description given of him by Maynard—nothing was said at the Guildhall coftee-house about Maynard's being a witness—Mr. Nash was not left alone with Maynard there—I went out for about three minutes, but left Collard there—I was not away more than three minutes—I left quite accidentally—it was on that occasion that the desk was given up to me—Maynard brought if in himself—at that time there were no sovereigns in it—I do not think I spoke to him about the sovereigns not being there—he did not, on that occasion, express the greatest readiness to give all the information in his power—he said his principal was a stranger, and he did not know when he would call on him—Mr. Nash asked him when he would come to receive the money—he said he did not know, he could not tell when he might come, he was a perfect stranger to him, but if Mr. Nash would give him time, he would do all he could—that was all that passed, to the best of my recollection—he was then given into custody—he was not in an excited state—I thought him remarkably cool.
MR. BODKIN. Q. From the time you first saw or had any communication with him, down to the time of his being taken into custody, did he continue to represent the person he was acting for as a stranger to him? A. Entirely so.
CHARLES NASH re-examined. I am one of the principal clerks in the house of Stevens, Maple, and Co.; Mr. Stevens, one of the partners, it solicitor to the Great Western Railway Company. On Friday, the 1st of Aug., I was sent for to Paddington by Mr. Clark, the superintendent—on the next day I went to the station—Maynard did not come—a man brought this letter from him—I afterwards showed this, with others, to Maynaid, and said, "I suppose these are your letters?" and he said, "They are"—(read—"No. 19, Howland-street, Fitzroy-square, and 3, Charrington-street, Somers-town, Aug. 2. Sir,—I regret extremely that my engagements arc so numerous I cannot possibly call on you to-day or Monday, &c. The stranger docs not appear to be a needy man, so terms must be agreed on ere I can render you the aid you require, for he is invulnerable. I neither know his address, nor the exact time he may call on me this afternoon. It would be a waste of time to scrutinize me,
for I know no particulars, and it can only be perfected through my agency. I am, Sir, your obedient servant, CHARLES MAYNARD. To Mr. Seymour Clark.")—that letter was brought by a messenger—Mr. Clark wrote a time on a card, which was sent back—this is the card—an appointment was made for the Monday, at four o'clock, at the Paddington station—Mr. Clark waited till six, and then leftmeto attend to the business, if Maynard should come—he came between six and seven, and asked for Mr. Clark—I told him he was gone to dinner, and asked if his name was Maynard—he said yes—I told him I could attend to the business—he said, "No, no, I ran only speak to a principal"—I said, "I know all about it as well as Mr. Clark, and I can speak to you"—I asked him into a private room—he at last said, "As you seem to know it we can enter upon it"—he offered me some references—I said I wanted none, as the company could not part with any money, and it appeared to me there were only three ways in which a restoration of the property could be effected, but that would be for Mr. Prance's consideration, not mine, for the object of the company was to know who was the thief, who was his principal—he said, if 40l. was paid, the property could be produced within two hours—I said I thought no such sum as 40l. could be paid, but that was entirely for Mr. Prance to consider; the great object of the company was to know who was the thief, for we had so many of these robberies that it was impossible but some of the railway people must be in them—he said he did not know either the name or address of his principal—he said so three or four times (Mr. Prance was at this time in an adjoining room)—I asked how hit principal came by it—he said he did not know—he then said, "Cabmen do these things," or, "We know cabmen often do these things"—I said, "It was quite impossible in this case, for it was stolen off our platform, and I will tell you how it occurred: Mr. Prance was a passenger by the mailtrain to Bridgwater; he had this case in his hand; the porter persuaded him to deliver it up to him, and when he ar-rived he found it was stolen; therefore cabmen had nothing at all to do with it"—he talked about the amount to be paid for the restoration—that was discussed several times—I said, "Don't you know how your principal comes by it? it is very strange you should undertake this sort of business for a man you don't know anything about"—he said he had picked it up in the road, or stumbled over it in the road—I said, "How came you to be employed in this?"—he said, "I will tell you how I was employed; a stranger called at my office, and the first thing I asked him was who had referred him to me, for I always require references from everybody I do business with; he said, 'No one;' I said then I could not undertake his business; he said, 'Yes, I think you can when I tell you what it is: I have some property belonging to a gentleman, which I wish to restore to him, and I think you will undertake the business for him'"—Maynard continued, "I listened to this story; I thought I could be of some use to the party who owned the property, and I undertook it"—I said, "Don't you know his name or address, or where he lives?"—he said, "No, I don't, he is an entire stranger to me"—I said, "Why, you must meet him, and see him, to make this communication to him"—he said, "Yes, but he calls on me"—I asked if he could tell where he lived, or the initials of his name—these questions were repeated several times—he said no, he could not, he knew nothing at all about him, he was an entire stranger to him—I told him it was firmly believed that there was a railway man in these robberies, and he must either bring his principal there, or let me see him, or give me the
initials of his name, or lot me know where he lived; nothing else would satisfy the company—he said, "I should say he is not a railway man, he is like a publican."
COURT. Q. Is Garratt a railway man? A. No.
MR. CLARKSON. Q. Did he give you any description as to his appearance or circumstances? A. He said he was not a needy man—it was at the next interview that he described him.
Q. You say you mentioned to him three modes as to the restoration of the property? A. Yes, I said, "Either your principal must entrust you with the property, and allow you to take the money too, (which he said his principal would not do;) or you will require the company to entrust you with the money, which they will not do; or you must give your principal an undertaking, and take one"—he seemed to listen to that, and thought that would be the course he should adopt—he asked me what was in the parcel—I told him I understood there were bills of exchange and promissory-notes—he asked if there was any money—I said I believed there were some sovereigns—he said, "That, of course, cannot be expected to be returned"—I said, "No, certainly not"—he at the same time held in his hands his pocket-book and some papers, and said his principal had dictated to him the terms upon which he would restore the property, and he had copied them down in short-hand—I said, "Do you write short-hand?"—he said, "Yes, I do"—he then said, "I will read to you the paper"—this is the paper he had—it has been translated—as far as I remember, it was, "Agree for 40l.; destroy all letters; an indemnity or undertaking;" and a fourth clause, which I do not recollect—I also saw in his hands this short-hand paper—its peculiar appearance struck me—it has since been translated, and turns out to be a copy of the contents of the case, partly in short-hand and partly in long-hand—I walked with him to the window, and said, "It is very strange your principal does not come himself, if he is an honest man, because he must pay you something for your trouble—he said, "It is usual to pay five per cent, in these cases, but he will take 50l., and I shall get five per cent, on that"—after telling him that nothing short of knowing who his principal was, or how he came by the property, would satisfy the company; and advising him, for bis own protection, to ascertain who he was, and make some arrangement upon it, which he was to consider of, we made an appointment for nine o'clock that night (Monday the 4th)—he did not come, but sent this letter—I conversed with him afterwards upon it—(read—"19, Howland-street, Aug. 4, 1845. Sir, I can obtain possession of the property for 40l., and will see you or the owner of the same at nine, or half-past, next morning. Charles Maynard. To Mr. Clark.")—Next morning he came again to the station—I then introduced Mr. Prance to him, and said, "Now tell Mr. Prance yourself all you have to say"—some conversation then took place, among other things, the amount to be paid was discussed, which was ultimately reduced to 22l. 10s.—at the same time, when he arranged that with Mr. Prance, I said to him, "You know what we were talking about yesterday; nothing will satisfy the company but knowing who is your principal—whether we prosecute him or not will be quite another question; but we must know whether he is a railway man or not; it is worth everything to us to know that."
Q. Was this a proceeding to which you had recourse to lead him to suppose you intended to pay money for the parcel, which you never intended,
but to give him into custody? A. If he had given me a satisfactory account of his principal, or a story I could believe for a moment, I think I should have paid him the money—I cannot say what I should have done under the circumstances—certainly, if I had had a satisfactory account, I should have paid the money—I inquired several times in the presence of Mr. Prance, if he had seen his principal—my great object was to ascertain who his principal was, and I told him so over and over again—I said, "Give me the initial of his name—take me to him, or bring him here"—he said he had not ascertained his name or address—he brought this undertaking ready prepared, and said this was the undertaking his principal would take—I said, "Of course this must be addressed to your principal as well as yourself?"—he said, "No, no, only to myself—(This paper was similar to the one already read, only omitting the word "six")—I said, "You only say here, a writing-desk and promissory-notes; there is nothing specific"—I said to Mr. Prance, "You had better call over a list of the property, and see that it is right"—he did so, and Maynard checked it—it was found correct, except as to one promissory note—he banded me this undertaking to copy—I introduced the words, "Which were stolen from me,' "handed it over to Mr. Prance, and he signed it—I then read it aloud, and Maynard said, "I object to those words, "which were stolen from me"—"Why, said Mr. Prance, so it was stolen; you don't mean to say it was not stolen?"—"Yes, yes," said Maynard, "we understand all that, but I object to this appearing in the undertaking"—I then took my pen, crossed it out, and said, "Well, whether it is in or not, it is not very material"—Maynard then said he would go and get the case immediately—he wanted to go at once, but it was not convenient to all of us—Mr. Prance said he wanted to go to his banker's for the money, and the meeting was proposed to be postponed for an hour or an hour and a half—the half-past ten o'clock train was coming in as Maynard left—we met at the Guildhall Coffee-house at twelve—Maynard then said there were not six promissory notes, there were only five—some discussion took place about that, and the 25l. that was to be paid was agreed to be reduced to 22l. 10s., which, if Mr. Prance found he had got the sixth note at home, was to be made 25l.—Maynard then went for the case—he was not gone a minute, certainly not two minutes—he went out of the room, I may say, bolted out—I said to Mr. Prance, "He is gone"—we were just considering whether he was or not, when he re-appeared at the door with the case under his arm—he said, "Here"—the papers were called over, and Mr. Prance said as far as he was concerned, he was satisfied—I then said, on the part of the Company, I must request him to tell me who was his principal, or where he got the case from, at that moment—I said, "You must have left it somewhere in the neighbourhood"—he said he would not tell where he had left it, or give the name of his principal—I said that would not do for the Company—I offered to go with him anywhere if he would tell where his principal was to be seen—I said, "Where are you to meet him to give him the money?"—he said, "He is to call on me, I don't know where he lives, or anything about him; he is an entire stranger"—he appealed to Mr. Prance—Mr. Prance said he left it to the Company; as soon as we were satisfied, whatever I required he would do—after talking to him for more than half an hour, and urging Him in various ways, I called in Collard—I told Maynard who he was, and gave him into custody for having stolen property in his possession, and for attempting
to negotiate with Mr. Prance—at that time I had not the slightest idea that Garratt was the thief, or that Maynard and Garratt were acquainted—he never gave me the name of Garratt his his principal, or any information that led me to him—I went to Maynard's office, in Howland-street, a few days after his arrest, and found the draft of the letter of Aug. 12, which has been read, in the grate, torn up, with these other papers.
Cross-examined. Q. I believe at the police-court, on the first examination, you were offered the address of Garratt? A. Certainly not—not by anybody, nor the address of a person said to be the principal—the first meeting was at the Great Western Railway station on Monday, and the case was brought on the Tuesday at noon—I went to the Guildhall Coffee-house, perfectly understanding it would be brought back, and for the purpose of receiving it.
JOSEPH COLLARD re-examined. I took the prisoner into custody, and took these papers and this book from his person—I afterwards went to a house in Charrington-street, Somer's-town, where Maynard lodged—I saw a female there who represented herself as Mrs. Maynard—I took possession of some papers which I found there—this letter, marked "M.," was one of them—(read in part, dated the 12th of July, addressed to Miss Harriett Maxstead, Sandhurst, as follows:—"You are right when you say that 1 must to business, and hard work it will be to get to you next Wednesday, for I have another business matter to settle some day in next week, which may be from 10l. to 25l. in my way, a smaller affair than the one I gained 50l. by in May last.")
HENRY GREGORY re-examined. This book is a journal, written partly in long and partly in short-hand—this is my transcript of it—(the transcript was read by Mr. Bodkin, and checked by the witness with the original, as follows:—"May 14, with me Garratt."—"Thursday, 16th, re-Garratt and the check 1022—Garratt—paid him 2s. 12s. 14"—"Friday, May 16, 1 to 2, re-read, and the check affair explained"—"Saturday, 17th, 9, Garratt on me, and gave him 2s. 6d. for Bible and three other books"—"Monday, May 19, G. S. on him with Garratt about the shares"—"Tuesday, May 20, G. S. on me Garratt—on G. S. and me at 10 clock—I clock, G.S. on me and Garratt"—"Wednesday, May 21, G. S. and Garratt at Argyle"—"Thursday, May 22, 3 and 4 at noon"—"Tuesday, May 27, 12. G. S. at Kidd's, half-past 1—for Garratt at Kidd's, Weymouth-st., half-past 5, to Garratt and to G. S. to write Alpha"—"Thursday, May 29, Garratt on him early"—"June 2, 10 to 11, B. Esq., St. Mildred's-court, note Garratt for early 3rd"—"June 3rd, 11, Garratt at Farthing-pie-house, New-road, quarter to 12, home, but in great fear of the officer"—"Wednesday, June 4, It. D. at 1, and ask for carpet-bag"—"Thursday, June 5, 12, G. S. G—and Co., to sec for Garratt up-stairs"—"Tuesday, June 17, Garratt before 10, Mr. Roberts, Dolphin"—"June 20, Garratt, and appoint half-past 12, It. II. Nelson"—"June 24, note to Garratt, and see G. S. about 1—1, Garratt and G. S., King's Head"—"June 25, 5 minutes past 11, Garratt and G. S. corner of Francis-street, to say you are not to call at my office"—"Thursday, 26, Garratt on him"—"Saturday, June 28, half-past 10. Garratt at R. H., Nelson's Arms"—"July 8, re-Garratt on him at 19, Queen-street"—"Thursday, July 10, at 19, Queen-street, Garratt to breakfast"—"July 11, half-past 9, on Mr. Garratt, No. 19"—"July 12, 9. Garratt to breakfast"—"Monday, July 14, 11. Garratt Black Horse, High-street, Mary lebone"—"July 16, Garratt at Jones.
Fennell and Kenny speak to, &c, Menzies as a referee"—"Thursday, July 17, Garratt at Jones, and see the Morning Post first, or 4 at Garratt, 19"—"Friday, July 18, 7. Garratt—5 on Garratt"—"Saturday, July 19, half-past 3, Garratt—did not call there"—"July 23, write Garratt today—write Sandhurst, and see her before Thursday morning—ditto, a letter to-morrow from there to Alpha—a quarter to 6, Old Cavendish-street, re-Garratt"—"July 26, Garratt on him—Garratt on him"—"Monday, August 4, write G. S.")
Q. Some of that, you say, is written in short-hand, and some in ordinary writing; do you find that the name of Garratt is always written there in short-hand? A. Not always—on the 17th of May it is written in the ordinary hand, and on the 21st of July I find "Garratt" written in long hand—(looking at some short-hand papers found on Maynard)—I have made transcripts of these, but can read the originals—(reading from the short-hand—"The writer hereof is—, who has deputed an agent and a man of integrity to negociate this matter, and with you alone, with whom you must deposit—l. in gold, as directed, first satisfying you that it will safely be done, accompanied by a redemption on your part from any ulterior proceedings in the event of future occurrences. The agent knows not—, neither is he acquainted with his name, but—first satisfied himself that it must be accomplished through some agency, and if perfected through his channel"—then there is a word which I cannot well make out—"still let—emphatically assert that he did not receive possession of the property dishonestly, for, in fact, he never received it at all. First, whom have I the pleasure of addressing? Secondly, if two parties come, civilly say' Who is the principal?' If conversation is going on, put a stop to it by saying, 'I can only confine myself to the terms of advertisement. Does not your advertisement (rest confessed) show that you look upon it—for, in truth, you are a party to the compromise. If they ask, 'How can you mix yourself up in such a matter?' say, 'You would never have obtain possession of the box without my agency; and is it not better to receive it from the hands of a respectable agent in preference to the stained and dirty channel of a practised thief?'"—here is another paper—(reading) "Finally, all letters which have been addressed to—to be placed in the hands of an agent. On the various—, as advertised, the contents of the box being restored, I undertake, on behalf of the claimant, to waive any proceedings either legally or criminally, and accept the terms consented to by—in the Times of Monday. It appears from your searching scrutiny that I must give up a matter not enviable to hands more capable of conducting it than myself. You must give up the letters, and with it a redemption in writing from any proceedings against the party or his agent. The conditions annexed to your advertisement offering—l. reward on a satisfactory explanation of the circumstances, would deter any man, even if his character were as pure as the driven snow, from giving them up")—there is no date to these—this is a paper found on Maynard: "I O U, Mr. Daniel Garratt, 3l. 5s. CHARLES MAYNARD. July 30, 1845. No. 19, Howland-street. Also for a silk scarf."
LOUISA LUDEMAN . I live at No. 19, Queen-street, Edgware-road. The prisoner Garratt lodged there for six weeks, and left on the 12th of Aug.—I have seen Maynard there—he used to inquire for Mr. Garratt when he came—he saw Garratt there—I do not remember the last time he came there—it might be about a fortnight before Garratt left—I have seen them together.
----ROBERTS. I keep the Dolphin public-house, in Oxford-street. I have known Garratt since last Christmas, and Maynard for some time before that, I cannot say exactly how long—I have been in the habit of seeing them together at my house from last Christmas down to the time of their being taken into custody—I cannot speak to seeing them in June and July—I saw them in May—they used not to come very often—Garratt lodged at my house somewhere about three months—he left about the last week in June or the first week in July, I cannot tell which—I have not seen them together since Garratt left my house—I saw Garratt and Maynard together at my house on the 17th of May—I might have seen them together afterwards, but I do not recollect any particular day—they appeared to be quite intimate.
MR. PRANCE re-examined. This is my case, and the one that was stolen on the night in question—I saw the contents before the Magistrate—the money is not in it—the securities are all here except one—that has never been restored—the case was not broken open—it must have been unlocked by somebody—it is a Bramah lock, and is not at all injured—I am perfectly sure it was locked when I took it out of town, and it was inside this other case.
JOSEPH COLLARD re-examined. I produce a certificate of Maynard's former conviction—(read—Convicted on the 29th of May, 56th Geo. III., of larceny in the dwelling-house of James Pitt, and transported for seven years.)
(James Pitt was called, on his subpœna, but did not appear.)
GUILTY, but not of the previous conviction. Aged 47.— Transported for
1985. ALFRED DUCKETT and GEORGE BRITTON were indicted for stealing, on the 4th of Oct., at St. Marylebone,—tea-pot, value 14l.;19 spoons, 11l.; 18 forks, 12l. 1 milk-pot, 5l.; I fish-slice, 3l.; 2 sauce-ladles, 2l.,: and 1 basket, 1s., the goods of Edward Ellis, in his dwelling-house, and that Britton had been before convicted of felony.
MR. MELLOR conducted the prosecution.
MARY ANN DRISCOLL . I am servant to Mr. Edward Ellis, of No. 10 Mel bury-terrace, Ebury-square. On the morning of the 4th of Oct., after nine o'clock, I saw my master's plate on the dresser in the front kitchen, in a flat basket—I missed it about half-past twelve o'clock—it consisted of the articles named in the indictment.
THOMAS SPITT . I am servant to Miss Whitelock, of Harewood-square. On Saturday morning, the 4th of Oct., about eleven o'clock, or a little after, I saw the prisoner Duckett coming out of the steps of No. 10, Melbury-terrace, with a plate-basket in his hand—a man passed by me as I came by the step—it was Britton—I saw him pass me, and just about No. 11, I saw Duckett join him—they walked towards Blandford-square.
Cross-examined by MR. DOANE. Q. Where were you? A. Standingon the area-steps of No. 8—No. 10 is two doors above—I did not see what the basket contained—I could see it was a plate-basket, but I saw no plate—I am quite sure they are the men.
Cross-examined by MR. PAYNE. Q. Did you not say before the Magistrate, you believed it was Britton? A. I do believe it—I said I was positive it was him—(The witness's deposition being read, stated, "Another man, who I believe to be the other prisoner, passed me ")—what I have said "I
believe is perfect truth—had I not believed it I should not have sworn to him—I could not be sure if I did not believe.
COURT. Q. Look at that basket, was the one Duckett had like that? A. That is the basket which he had in his left hand—he pulled the gate open with his right hand.
DANIEL CALLAHAN . I am a labourer, and live in York-court. I work for Mr. Blane, in Blandford-street—on the morning of 4th Oct. I saw Duckett coming out of No. 24, Blandford-square area steps, as I came out of No. 23—No. 24 is an uninhabited house—he had a red silk handkerchief with something about the size of half-a-quartern loaf in it—he looked at me, and I at him—I saw Britton at No. 27, three doors on, as if he was on the lookout—when Duckett came on the pavement, he shook his bundle, and shifted it from one hand to the other—he smiled at me, and I looked at him—he walked away, looked back again, and Britton came out of No. 27—I looked at them both, being strangers to me, to see if they were two paper-hangers, and whether they went into the next public-house, it being about dinner-time, but they passed the public-house, and turned to the right, down to Boston-street—I saw them go away together—I heard of the robbery alter dinner—I found this basket down in the vault in the front area of No. 24, which Duckett had left.
Cross-examined by MR. DOANE. Q. How long have you worked for Mr. Blane? A. Five years—he is a master-builder, and carries on his business in Harewood and Blandford-squares—I went before the Magistrate when first the prisoners were taken, and gave evidence—it was on the Wednesday following the Saturday on which I saw them—I then saw Duckett in custody at the station—I knew him momentarily—they had told me they had a prisoner.
COURT. Q. Have you any doubt of his being the man? A. No, and Britton is the other.
Cross-examined by MR. PAYNE. Q. They are strangers to you? A. I never saw them before—I did not go to a public-house and see Britton there, and say he was not there—I never went only the night I went over the water, and saw him talking to a female opposite a public-house—I looked at him and said he was the man—he was not taken then.
JAMES MOVER . I am a butcher, and live in New-street, Dorset-square. I serve Mr. Ellis's family with meat—on Friday, the day before the robbery, my attention was drawn by seeing a man trying Mr. Ellis's area gate, to see if it was open—it was neither of the prisoners—I had seen Duckett on the Thursday and Friday before that, standing about there.
MR. PAYNE called—
JOHN UTLEY . I am a tailor, and live at No. 3, Little St. Thomas Apostle, Queen-street, Cheapside. I do business for myself. I know the prisoner Britton as a customer—on Saturday, the 4th of Oct., he came to my house about ten o'clock in the morning for a pair of trowsers—I had not finished them—he remained till nearly one, till they were finished—he then went away with them.
MR. MELLOR. Q. Have you a shop there? A. No, nor my name at the door—I have apartments—Mr. Samuels is the landlord—he lives there—I have lived there six weeks—before that I lived at No. 6, Fish-street-hill, Thames-street, for two years—I carried on business there—I had no
name up—Mrs. Pheasant kept a chandler's shop next door to me—I have known Britton since about three weeks before last Christmas—I work for him—he came to me about three weeks before last Christmas, and ordered a blue frock coat, and said he was recommended by Mr. Anthony Pugh, a customer of mine, whom I have worked for the last six years—I am married and live with my family—I work for Mr. Clements, of Thavies-inn—if I am slack I fill up my time with my brother, who is a shop-keeper in Little Carter-lane, Doctors'-Commons—I have worked for several years for Mr. Hoby, the fringe-maker, in Skinner-street—I made him a waistcoat about two months ago—I have worked for Lewis and Bedwell three months ago—I have worked for my brother the last month, and he would employ me altogether, if I liked; but my customers pay me better—I have fifty or sixty customers; no chance ones—I work for Mr. Pheasant, of Fish-street-hill, and his son; for Mr. Burman, of Little Carter-lane; Mr. Cooper, of the King's Arms, Queenhithe; and Mr. Jones, of High-street, Poplar—I do not know the number—they are friends of my father-in-law—I do not keep books—I cannot write—I made Mr. Clements a coat about two months ago, and I made Mr. Pheasant a coat about two months ago—I made Mr. Burman a pair of trousers two or three days ago—I do not know his number—I know the house—in fact, I do not know my brother's number, though I have been there some thousands of times—I did not know Britton was charged with this robbery before the Magistrate—his father came to me last Monday fortnight, and asked what time he had left my house on the Saturday before—I told him he had come for his trowsers about ten o'clock, and remained until I had finished them nearly all—the father said he should take it down in writing, and requested me to attend here—I was not asked to go before the Magistrate—I did not know where Britton lived—no one saw him when he came for the trowsers, but myself and my wife and two children—he gave me the order for them on the Thursday—he came and was measured at my place—there are about ten other lodgers in the house—I am not aware that anybody saw him but myself—no one was at home when he called to order the trousers, nor when he came to take them away.
DUCKETT— GUILTY . Aged 23.— Confined Nine Months.
BRITTON— GUILTY . Aged 21.— Transported for Ten Years.
1986. PHILIP ERNST was indicted for feloniously assaulting John French Field, on the 15th of Oct., and wounding him on the head, with intent to murder him.—2nd COUNT, with intent to do him grievous bodily harm.—3rd COUNT, stating it to be for shooting at him, with like intent.
JOHN FRENCH FIELD . I am a journeyman carpenter, and live at No. 2, Wood-street. On the 17th of Oct., about a quarter to five o'clock in the evening, I was passing along a lane near Temple Mills, by the Eastern Counties Railway, and saw the prisoner with a gun—he was beating the bushes—I told him he was carrying the gun in a very unlawful manner—some words passed between us—he told me to go and be b----, it was no business of mine—I said I knew it was no business of mine, I was only giving him a little advice—he said, "Go and be b——"—I said, "I think the best thing I can do is to take you to Mr. Mole, to see if he has authorized
you to carry a gun about the premises in that kind of manner"—I thought Mr. Mole was the owner of the land—he said, "Very well"—he uncocked the gun, and walked alongside of me about ten yards—he then made a sudden start, and ran off, and I after him; and when I was about ten yards from him, he turned round, and fired the gun at me, the shot hit me on the right side of the head, which bled—it knocked me down—I got up and followed him as soon as I could—I got hold of him—he threw me down—we both went down together, and he got from me—I caught him again, and he was taken into custody—I was ill from the wound about a week or ten days—I went to a surgeon.
Cross-examined by MR. CLARKSON. Q. This was an old large-barrelled duck gun? A. Yes—it is a percussion gun, not a flint and steel—I was not materially hurt—I was struggling with him a long time—I kept him till the officer came—I think it not unlikely he did it more to frighten me than to do me any harm—I find he bears a very good character—I was not desirous of pressing against him, but for an assault—I shall be content with that verdict—immediately it was discovered, his father did everything for me, paid the doctor, and offered me every recompense.
COURT. Q. Was there any struggle before it went off? A. No, it went off before the struggle.
WILLIAM THOMPSON . I saw the prisoner on the ground—the gun was then unloaded—the prisoner was crying, and said he was very sorry for what had happened; he did not know he had shot him, and if he would go home to his parents they would recompense him for what he had done.
Cross-examined. Q. Did he state whether the gun went off with his knowledge? A. He said he did not know it had gone off, until I put the ramrod down the barrel.
Cross-examined. Q. Was there any appearance to lead you to suppose it must have been produced by shot? A. If so, it must have been very near—a shot ten yards off must have given a different description of wound—it had just cut through the integuments.
NOT GUILTY .
OLD COURT.—Tuesday, November 4th, 1845.
Second Jury, before Mr. Recorder.
1987. GEORGE DOUGHTY was indicted for stealing 1 wheelbarrow, value 10s.; 6lbs. weight of paint, 3s. 6d.; 1 pair of steps, 7s.; 1 brush, 3s.; and 1 pail, 2s.; the goods of Thomas Henry Moore, his master; and that he had been before convicted of felony.
THOMAS HENRY MOORE . I am a carpenter and builder, and live at Royal Hill, Greenwich. The prisoner was in my service as a labourer—I employed him at No. 25, Lower Northampton-street—I had the articles stated at that house, and saw them safe on Sunday, the 7th of Oct.—I had seen the prisoner there on the Saturday previous—I missed the articles on the following Thursday—they have not been found—the prisoner ought to have been at work there, but was not—I afterwards found him at Deptford, and had him apprehended.
ANN HALLETT . I am the wife of John Hallett, and keep a chandler's shop in Clerkenwell. On Tuesday afternoon the prisoner left some paint at my shop for a half-quartern loaf, and a quarter of a pound of cheese, until seven o'clock, when he said he would he sure to fetch it away, and pay for them—he never came—Mr. Moore and the policeman came on Friday.
MARIA LAVELL . I am a widow, and live in St. John's-street, Clerkenwell. The prisoner came on Tuesday afternoon, at four o'clock, and asked me to purchase a wheelbarrow and pail—I said, "No"—he had them with him.
Prisoner. Q. Are you certain it was me? A. I am.
MARTHA MARTIN . I am the wife of Dennis Martin, and keep a broker's shop in Northampton-street. The prisoner came to my house on Tuesday afternoon, just before dusk, and asked me to buy a pair of steps and a wheelbarrow—he had not got them with him—I refused to buy them—I am sure he is the man.
FREDERICK GEORGE SMITH . I live at my uncle's, at Charlton. I was a prisoner in the Deptford station-house with the prisoner on the Friday, for setting a chimney on fire—we were talking together about different crimes—he said his master gave him some paint and paper, and he went and sold them.
Prisoner. It is quite false; they asked what I was there for, and I said, "On suspicion of robbing my master of paint and paper;"it is all through the policeman. Witness. He did not say "on suspicion"—the policeman did not say anything to me.
Prisoner. I said master charged me with felony, but gave me the property to take to the house, and I took it there. Witness. He did not say so.
MR. MOORE re-examined. He did not say so—I believe the greater part of the property never reached the premises.
Prisoner's Defence. I had eight pounds of stone-coloured paint, to paint all the window-sashes down with two coats; it was not possible I could do it for that—he gave me the paint to mix on Monday, and said he should be there on Tuesday, but he did not come—I could not get on, and asked them at the shop to let me have a loaf and things, and when master came I would take the things away.
MR. MOORE. I paid him all that was due to him on Sunday—he had money to buy things on Tuesday, and nothing was due to him.
GUILTY .— Transported for Seven Years.
1988. JOHN LEE, alias Robert Dalton , was indicted for stealing on the 17th of Aug., at St. Mary Abbotts, Kensington, 25 sovereigns; 4 half-sovereigns; 4 half-crowns; 10 shillings; and 3 5l. notes; the monies of Sarah Walton, in the dwelling-house of Sarah Rice.
MR. PAYNE conducted the Prosecution.
SARAH RICE . I live at 27, Queen-street, Brompton, in the parish of St. Mary Abbots, Kensington. I have an aunt named Sarah Walton, residing in the house—on Saturday, 26th of July, the prisoner came to look at apartments which were to let on the drawing-room floor—I said I had another apartment on the second floor, he said that would do—I asked him for a reference—he gave me one to Mr. John Lee, his uncle, at the Travellers' Club, Pall-mall—I said I could not take him in until Monday—he said he should not want to come in then, if so soon—he wrote his name down, I have not got it—I afterwards received two letters, one on Monday evening—I afterwards spoke to him respecting that one—this is it—before I received it I had made inquiry at the Travellers' Club—I told him the result of my inquiries, that his uncle's name was spelt differently at the club, as the porter at the club told me—(letter read—"Monday morning—Not knowing whether you have inquired respecting my uncle, as I should with you to, inquire about the name as Legh—Lee, our name, is distinguished from the Cheshire family, as for Stoneleigh, which by inquiry of the porter you will find")—I ascertained that there was a gentleman at the club from Cheshire, whose name was Legh—I said, "They say the name is spelt differently, but they know nothing of the younger branches"—he said it was reversionary property which caused his uncle to change his name—I thought that a sufficient explanation, and took him—he occupied the apartment for three weeks—on Sunday morning, 17th of Aug., my aunt went to church about eleven o'clock, leaving me in the house—about a quarter after eleven o'clock, the prisoner came down stairs, and asked the servant, "Ann, can Miss Rice give me change for a sovereign?"—I said, "No, I could not"—he called out, and said, "Perhaps, Miss Rice, you would like to see the newspaper?"—I said, "Yes"—he brought me down the paper, and then sent the girl out for change for a sovereign—she returned soon after—the prisoner was in the passage when she came in—he gave her seven shillings for herself, and went out—he had taken his writing-desk to be repaired the week before, and he told her, as he went out, to take it in if it was brought back—he paid fifteen shillings a week for his lodging, and extra for breakfast—he paid me a sovereign and sixpence that morning, for one week—he gave me a 5l. note Co take the rent out of—that was before the robbery—there was no one in the house from the time my aunt went out and came home, except myself and the servant—when my aunt came home she complained of losing her money—I went into her room—herdesk was in the back top room—the prisoner's apartment was the room under it—I saw her desk after she came home—the papers were pushed away from the drawer of the desk where the motley had been—the drawer was open, it does not lock—the desk had been locked, it was forced open, and the money gone—I saw none there—the desk was locked again, and my aunt opened it with another key—sne could not open it with her own key—I tried it—the prisoner wore purple spectacles.
Cross-examined by MR. ROBINSON. Q. He took the lodgings as a weekly apartment? A. Yes, it is a private house in a street, not in the main road—it is my own leasehold house—the girl was gone a very short time for the change—I have another lodger, a lady and her daughter, the widow of a post-captain in the navy—they occupy the parlour-floor. MR. PAYNE. Q. Do you believe this letter to be his writing? A. Yes,
I received that on the Thursday—(read—"Richmond, Aug. 19. Madam,—I write to say you need not detain my apartment any longer, as I intend stopping a few weeks here, it being a very healthy place. I have enclosed your key in this note, and will call on my return from Richmond. As your apartments suited me very well, I will not fail to recommend you. J. Lee.")—He enclosed the key of the drawers in his bed-room in the note.
MR. ROBINSON. Q. Did not he say he was going to Richmond that morning? A. Yes.
JURY. Q. Did he pay you the morning he left? A. He paid me 1l. 0s. 6d.—I changed the 5l. note for him that morning, before my aunt went to church.
MR. ROBINSON. Q. Had not he changed a 5l. note before? A. Yes, the servant had—he never appeared to want money before the robbery.
SARAH WALTON . I live with my niece. I never saw the prisoner in the house—I met him once coming out of his room, but did not look at him—this is my desk—it was in my room on Sunday morning, 17th Aug.—in the top drawer inside the desk I had twenty-five sovereigns, four half-sovereigns, four half-crowns, ten shillings, four sixpences, and three 5l. notes—I had occasion to go to the drawer before I went to church, and the money was then safe—I did not examine it to see if there was the same quantity as before—some was in a box, and some loose in a paper—I saw the sovereigns and notes safe at that time—I unscrewed the box—I am quite sure the notes and sovereigns were safe—I went up stain about two o'clock, and tried a drawer standing against the desk, it was deranged a good deal—I saw the cover of the desk a little bit lifted up—I took the keys and tried to open the desk, but could not—my niece was coming up to clean herself—she took the keys—the key which used to open it would not, but another little key opened it—I then opened the top drawer, and all the money was gone—I had taken all my keys to church in my pocket—I had been home from church an hour before I found it out—the lodgers are not here—there was nobody in the house but the prisoner, the servant, and my niece—the widow and her daughter had gone to church, and had not come home—I believe they had come home when I discovered my loss.
Cross-examined. Q. They bad separate apartments from you, had they not? A. Oh yes—I went to the drawer to lend my niece some sovereigns just before I went to church—that makes me sure the money was there—I took out four sovereigns and lent her—I cannot be sure how many sovereigns there were there before I took the four out—I did not count them—I am sure I have spoken of less than more.
COURT. Q. Who was present when you took the money out for your niece? A. Nobody but herself and me—I should not have known it was safe if I had not gone to lend her the sovereigns—she wanted me to change a 5l. note, but I would not do it, and I lent her four sovereigns.
MR. ROBINSON. Q. How long had you been trying to open the desk with the key before you saw your niece? A. Not a minute hardly—I was trying to open it—she came up to clean herself, and she tried it, and opened it with the other key—she tried the right key at first.
JURY. Q. Do you know whether the widow and her daughter went out to church before or after you? A. I cannot tell.
her daughter went to church about two minutes before her—they returned a little after one o'clock—they are stopping there still—nobody was in the house when the prisoner came down stairs, but Miss Rice and myself—it was about a quarter after eleven—he came down and asked me to give him change—I turned to Miss Rice and asked if she could change a sovereign—she said, no, she could not—he put it into his pocket, and said, never mind, he would get it as he went out—he came down again about a quarter of an hour after, and said he must have change—I went for change—I was gone about ten minutes—when I came back, he was in the passage putting on his gloves, with a carpet-bag and hat-box—he seemed very much flurried—I gave him the change—he gave me 7s.—I opened the door and said, "Shall I carry your carpet-bag, sir?"—he said, "Oh no, I think I can get the bus: my desk will be coming home; you can take it in and pay 1s. for it; I shall be back again on Wednesday"—the desk never came—I had seen it before it went—it was a leather desk—I do not think there was anything the matter with it—there was nobody in the house except the old lady, myself, and the widow and her daughter, before the old lady found her money was gone—there was nobody in the house between her going to church, and the prisoner's leaving, but myself and my mistress—nobody came till I went for a policeman, about half-past two.
Cross-examined. Q. His desk did go away? A. Yes, in the middle of the week—he took it away himself under his arm—I had changed one 5l. note for him previously while he was there—I do not recollect more—it might have been two, not three.
JANE SABINE . I am single, and live in Charteris-buildings, Green-wich. On Monday night, the 18th of Aug., about half-past twelve o'clock, I saw the prisoner run out of the corner house and up the court—he asked if there was a way out—I told him the way he got in he must get out, it was no thoroughfare—he said there was a man jealous of him going to cut bis throat, and asked if he could remain with me—he did so until the morning—I occupy a room there—I am an unfortunate woman—he slept with me—next morning he stood against the table, took a purse from hit pocket, and shook the money out into his hand several times—I saw from eighteen to twenty sovereigns in the purse—he gave me 7s.—he shook the sovereigns out of the purse several times into his hand after he had done washing himself—I asked him what made his hair so short—he said he had been to prison, got false bail, and came out—before he went away he asked me to go and see if all was clear—I asked him his reason—he said it was no person going to cut his throat, that the police were after him—I asked what the police were after him for—he would not say—he went away, and I saw no more of him.
Cross-examined. Q. How did you come here? A. The police fetched me—when I heard the policeman inquiring for such a person I went and said the person had been stopping with me.
JOHN CARPENTER (police-constable R 84.) From information I received I searched for the prisoner at Greenwich—I could not find him there—I went to the prosecutor's house and saw the desk now produced—I found several impressions on the wood, marks of something having been placed in to wrench it open, similar to this chisel produced by Weston—I have examined it with these marks, and find it exactly corresponds—the hasp is loose—I did not make the marks—the chisel has never been so close to it as it is now, while in my hands—the edge of the chisel is not injured at all.
Cross-examined. Q. There is only one mark, is there? A. Here is another, which I should say was made by the chisel—a chisel is not always put in exactly straight—this one impression is a little askew, and if the chisel is put so it exactly corresponds—the other mark exactly cor-responds with the fiat surface of it—nobody can have a doubt of that one—the chisel has never had the edge ground, it is quite new.
GEORGR WESTON (police-constable E 23.) I have produced this chisel—I received it from a constable of the E division at Croydon—the man who produced it is at Penge—I received it in the prisoner's presence—a person named Clark apprehended the prisoner—he is not here—I read the charge over to the prisoner, which was for stealing a quantity of plate from a lady named Williams—it was said in his presence that the chisel was found by the side of some of the plate—I asked him whose chisel it was, and he said, "It is my property"—this was in the charge room—he was asked again about it by the Magistrate on the Monday, and he said it was his property.
MISS RICE re-examined. The papers in the desk were disturbed and moved from the front of the drawer—my aunt lent me the four sovereigns before she went to church, to give the prisoner change for the 5l., note—I did not see whether she put the desk to rights afterwards—being an elderly lady, I did not like to look into the desk—the prisoner bad asked me for change for a 5l. note to pay his rent, and I went up from the prisoner's room to her room at the top of the house, and got it of her there—he did not send me up—he asked for change—I laid I would go and get it, and went up—I only wanted four sovereigns, as he owed me 1l.
JURY to MRS. WALTON. Q. Did you ever lose the key of your desk to have it necessary to force it open? A. Never.
GUILTY .*— Transported for Ten Years.
(MR. PAYNE, for the prosecution, stated he was unable to produce the bill, and offered no evidence.)
NOT GUILTY .
MARY ANN FLOWER . I am the wife of Charles Flower, and live in Church-lane, Whitechapel. On Saturday, the 26th of Oct., at twenty minutes to one o'clock in the night (our shop had not been shut up above a quarter of an hour) the prisoner came in with a penny in his hand, leaned one arm over the counter, and stared very much at me, as if to frighten me—he dropped the penny, and with both hands made a grasp at 6l. which I had put on the counter—he took the whole up, but dropped half a crown—I had made it up in piles of 1l. each—I screamed out—my husband ran after him—I described him to the policeman last Sunday morning, and saw him afterwards at the station-house in Spitalfields—I am
quite certain he is the man—his appearance was impressed on my memory from the alarm I was in—he went to speak on the Sunday night, and, from his manner and appearance, I am positive he is the man—he had a white jacket on.
Cross-examined by MR. PAYNE. Q. Was he dressed in the same way? A. No—he did not speak in the shop—he made a very ugly face, as I thought, to frighten me, and I screamed out—my husband is not here—he ran out directly after him—he was not in the shop at the time—I shut the door, and ran out afterwards—I do not know Dennis Hearne about the neighbourhood—I do not know any man like the prisoner—I have not seen Hearne—the prisoner had a light cap on at the time—he bad different jacket and cap on when I saw him in custody.
ANN KINSLEY . I was near the parlour door facing the shop when this matter occurred—I saw the man taking up the money in his hand—he laid down a penny, ran out of the shop, and ran away—the prisoner it the man.
Cross-examined. Q. How long was he in the shop? A. Hardly above two minutes—he made an ugly lace to frighten me—I had seen him before about the shop—I do not know Dennis Hearne—I have never seen him—I am certain the prisoner is the man.
THOMAS KELLY (policeman.) I saw the prisoner on the Saturday night, about half-past eleven o'clock, in High-street, Whitechapel, dressed as he is at present—between twelve and one I was standing near Whitechapel church, and heard a cry of "Stop thief!" in the direction of Mr. Flower's house—I saw a man running—he crossed the road from Spectacle-alley to Angel-alley—he was about fourteen yards from me—I gained on him in Angel-alley—he turned into Went worth-street and George-yard, and I lost light of him there—Mr. Flower came up to me in George-yard—I did not see the man's face—I noticed his manner of running—I am well acquainted with the prisoner, and his manner of running—the man ran like the prisoner, but several others run in the same way—he winds a little, he does nut run straight—he was not dressed as I had seen the prisoner dressed an hour before, but as I have seen the prisoner dressed at former times—he had been dressed so for some time past—when I saw him an hour before be bad a jacket the same as he wears now, and appeared to be going home—Mrs. Flower described the man she had seen, to three or four of us; and from her description, I looked after the prisoner, but did not find him—the man who ran away had a corduroy waistcoat, with a kind of whitish fustian sleeves—I know Hearne—he very much resembles the prisoner—I have seen him since the robbery—he was dressed very much as the person I was running after—he asked me when he saw me on Wednesday, "Do you know me?"—I said, "No"—he said, "It showed you had not s——in your eyes"—he is just about the prisoner's height, and the same description—he and the prisoner know each other—I cannot say they are intimate—I saw the prisoner five or six weeks before he was taken, dressed as I saw Hearne—he told me he had been hopping.
cross-examined. Q. Have you reason to believe he may have been mistaken for Hearne? A. I cannot say that, but Hearne is very much like him, and runs exactly like him—I have seen them both run, and chased them several times.
MICHAEL CONVRY (police-constable H 138.) I apprehended the prisoner at the Hose and Crown, Wentworth-street, Whitechapel—he said he would go with me, he knew nothing about it—I asked if he was in Whitechapel
on Saturday night—he said he was not, that he was at Gage's public-house having some beer with Tom Sullivan—he said he was living with his mother in the back alley of Houndsditch, and he was at home and in bed at half-past eleven.
Cross-examined. Q. Do you know Hearne? A. No, not personally—it is commonly reported in the neighbourhood that he and the prisoner are very much alike—I went to look after a man very much like the prisoner in size and stature, named West, an old thief, who has been convicted several times—Gage's public-house is at the corner of Old Montague-street—I went to the prisoner's mother—she said he slept at home that night—I asked her what time he was at home—she said at half-past eleven.
MICHAEL CONVEY re-examined. I did not see Hearne until the Wednesday, or I should have taken him to the prosecutrix; but as the prisoner was then committed I did not—the prosecutrix seemed positive of the prisoner's identity—by what I could learn last night from two notorious thieves, Hearne had a great notion of coming to give himself up on this charge, and I have heard so from respectable parties about Whitechapel as well.
NOT GUILTY .
1991. ROBERT ADLINGTON was indicted for feloniously being present, aiding, assisting, and abetting one Thomas Adlington, who had been declared a bankrupt, to remove, conceal, and embezzle certain goods, part of his personal estate. Other Counts, varying the manner of stating the charge.
MESSRS. CLARKSON, BALLANTINB, and PRENTICE conducted the Prosecution.
WILLIAM JOHNSON . I am the son of John Johnson, and live in William-street, Knightsbridge. I knew Thomas Adlington, the bankrupt—he carried on business as a corn-merchant at Kingsland, and I believe be sold coals and seeds—he was trading as a corn, seed, and coal-merchant, on the 7th of April, 1845, buying and selling goods—I took orders from him in Jan. and Feb. last for goods—on the 8th of Jan. I sold him fifty qrs. of oats; on the 15th, thirty more; on the 31st, ten qrs. of barley, and ten qrs. of oats; on the 10th of Feb., thirty qrs. of oats; on the 26th, thirty qrs. of oats; and on the 5th of March, twenty qrs. of oats; I sold to his brother, the prisoner, on his account—the whole amount of goods I sold him was about 230l.—they were delivered from the wharf to his own carts—I do not know by whom—we were never paid for them—they were sold on my father's account.
Cross-examined by MR. SERGEANT ALLEN. Q. Did you see the bankrupt on this business? A. Yes, I know him—I am not a partner with ray father—I manage part of his business, and keep part of the books—sometimes I receive money, and sometimes my father receives money for goods—I believe the prisoner lived with his brother—I do not know whether he was commission-agent for his brother—I never knew it—I know he bought for his brother—I do not know whether he sold—I only sold him goods on one occasion for his brother—he said his brother was ill—I never saw any of his accounts—the place of business was a warehouse, and counting-house attached to it—there was a name written up on the wall,
very large, something like "Adlington," and I think," corn and coalmer-chant"—that was it, to the best of my belief—there was something in reference to his business—I do not distinctly recollect anything beyond bis name.
MR. BALLANTINE. Q. Was the name of the wharf from which the goods were to come, "Thomas Denny and Co.'s granary?" A. It was.
MOSES GAMMON . I was in the employ of the bankrupt, Thomas Adlington, during Jan., Feb., and March—his name was over the warehouse, "Thomas Adlington;" and on the house it was, "Thomas Adlington, corn, seed, and flour warehouse"—I do not know Mr. Johnson—I was sent by my master to Thomas Denny, Jun. and Co.'s granary very often during those months—sometimes I brought away fifteen qrs. of oats and barley, and sometimes twenty qrs.—I gave receipts for what I took away—these receipts are in my handwriting—(looking at them)—I cannot say to what amount T received goods, or how many quarters I had altogether, in Jan., Feb., and March—on the 9th of Jan. I had nine qrs. of oats, and the same day fifteen qrs.—I received the things from Ackland—I delivered all I received to my master—I did not give a receipt for anything I did not receive.
Cross-examined. Q. When did you cease to be in the service of Thomas Adlington? A. I left him, I cannot say in what month—it was just at the beginning of the summer—the prisoner lived with his brother at that time, in the same house—he was commission-traveller for his brother—he took orders and sold goods—I am not aware that he dealt occasionally on his own account—he did not deal on his own account—he was a servant to his brother Thomas, paid by wages—I never saw him paid wages—he was paid as a commission-traveller—I never heard it stated that he was paid by commission—I have heard the foreman say so—I never saw them settle accounts together.
THOMAS ACKLAND . I am in the employ of Mr. Denny, of Hope-wharf, Upper Ground-street, Blackfriars. I know Mr. Johnson—I have delivered articles by his orders to the last witness, during Jan., Feb., and March, to the value of 200l. or more, on account of Thomas Adlington.
Cross-examined. Q. Were the goods addressed to Thomas Adlington? A. Yes—they were Mr. Johnson's property—they were principally oats in sacks—they were landed at our wharf, on Mr. Johnson's account, and delivered on his order for Thomas Adlington—I have here an account of the goods delivered.
JOHN JOHNSON . I live in William-street, Knightsbridge. I have never been paid for these goods delivered on my account—they were sold at my stand at Mark-lane, and it is usual to write an order for their delivery at the wharf.
Cross-examined. Q. Have you ever been paid? A. Never, not for any of the goods in that time—I had transactions with Thomas Adlington previous to his bankruptcy, and the first goods I was paid for, but he owes me 235l. 7s. 6d. for goods sold and delivered—it was due in April last, I believe—I cannot say that I know the prisoner—I might have seen him, but not to know him—I do not know how he was employed.
SAMUEL GREGORY . I have been acting as solicitor for Thomas Adlington, the bankrupt, some time back—we were concerned for him—this declaration of insolvency was signed by him, in my presence, and I attested his signature, as an attorney of the Court of Queen's Bench—it is stamped with the seal of the Enrolment Office—this is a
certified copy according to the Act of Parliament, and produced from the Bankruptcy Office—the original, as well as this, was signed in my presence—(this was dated 7th April, 1845)—the fiat is enrolled in the same way, and purports to be signed by Lord Lyndhurst—here is the petition—this is the original petition of the insolvent for a fiat to be issued against him—I witnessed his signature—this comes from the Lord Chancellor's secretary—I witnessed the signature, and filed the petition in that office—Mr. Goulburn acted as Commissioner in the opening of the fiat—the bankrupt surrendered in my presence, and up to the choice of assignees I know Mr. Goulburn acted—I know nothing of it afterwards—I was present when he adjudicated Thomas Adlington to be a bankrupt—proof was given of the commission of the act of bankruptcy and the trading—this adjudication is his writing—I was present when the bankrupt was served with the summons to attend the first meeting to surrender, and when he surrendered at the first meeting to Mr. Commissioner Goulburn—the bankrupt signed a consent at that meeting—this is it—this is enrolled, and under the seal—the signature, "Thomas Adlington," is his handwriting, and the attestation is mine—it was signed in the presence of Mr. Commissioner Goulburn—it is dated 9th April—I was present at the opening of the fiat, and at the choice of asignees.
CHRISTOPHER SCHBADER . I am clerk to Mr. Wellborne, a solicitor of Tooley-street. I produce the London Gazette, which I got from the Gazette Office—it contains an advertisement requiring the bankrupt to surrender.
CHARLES THORNTON . I am clerk to Mr. Wellborne, a solicitor, of No. 31, Tooley-street, Southwark. I was present at some meetings under Thomas Adlington's fiat—I was present on the 18th of April and 31st of May—Mr. Commissioner Goulburn acted as Commissioner at both those meetings—the bankrupt was examined at the first meeting, and made a statement—he was also examined on the 31st of May, and stated something then—I was present when the prisoner was sworn and examined before Mr. Commissioner Goulburn on the 31st of May—what he said was reduced into writing, read over to him, and signed by the Commissioner.
Cross-examined. Q. Who is Mr. Wellborne? A. Solicitor to the fiat, not on behalf of Thomas Adlington—he was appointed by the assignees, after the choice of assignees, not before—he was present while the prisoner was examined, and several persons were present, officers of the Court and others—he was sworn—I think he was told he would be committed if he did not tell all he knew about it—he was threatened more than once by the Commissioner, if he did not declare all he knew of his brother's affairs be would commit him—he gave some evidence before that, and some after—he was brought there under a summons—his brother was present at the time—I think the prisoner was in a state of high excitement—I have heard that he is subject to fits—I have not reason to know that he is liable to very extreme excitement—he seemed excited, out of temper a little—I do not think anything else.
MR. BALLANTINE. Q. Was what the Commissioner desired, that he should tell the truth about his brothers' affairs? A. Yes, to tell all he knew about them—he told him that, in consequence of the answers he gave, not at the commencement of his examination.
The prisoner's examination was here read, as follows:—"Q. What is your name? A. Robert Adlington. Q. Are you the brother of the bankrupt? A. I am. Q. Do you carry on the business now which the bankrupt did carry
on? A. Yes, I do. Q. Did you buy it from the assignees? A. I did Q. Where did you obtain the money? A. By working hard for it, and saving, excepting a trifle I borrowed. Q. What occupation had you saved it in? A. As a traveller, partly. Q. For whom? A. For Mr. Sugar formerly, and for my brother. Q. Did you keep it at a bank? A. No, I kept it in a party's hands as good as a bank. Q. Will you give his name? A. I will not. (By bankrupt's Counsel—You had better give his name.) A. Mr. Ashford, of Bethnal-green-road, pawnbroker. Q. How much money had Mr. Ashford of yours? A. Various sums—about 100l. Q. Did your brother Thomas, the bankrupt, owe you any money? A. Yes. Q. How much? A. I cannot tell. Q. About how much? A. 40l., the largest sum he ever owed me for money lent—he owed me for commission also. Q. Was that besides the money Mr. Ashford had of (yours? A. It was. Q. Did you enter it in any book? A. I did not, but I have had private emorandums of money lent to my brother. Q. Can you show the Court now any account you kept with your brother? A. No, there is not any in existence. Q. Where are the private memorandums you spoke about? A. I have got them laid about somewhere I dare say. Q. Have you got any account of the commission paid to you by your brother? A. I have not—they average about 4l. a week. Q. Have you any account of the orders taken for your brother? A. I believe his order-book will show those I took. Q. Does your brother owe you any money now? A. He does not now. Q. When did he pay you? A. About three or four months ago, be paid me 10l. Q. When did he pay the remainder? A. I bought an iron safe of him. Q. For how much was the iron safe bought? A. I refer to a receipt for 10l., dated 10th Feb. last? Q. When did you get this paper, (the receipt)? A. In Feb. last. Q. The day it bears date? A. No, I cannot say—I got it about three months ago. Q. Was it in the same state as now, with pencil-marks? A. It was—in fact I only paid him 4l. as he owed me 6l. for commission, but he owed me money at the time? Q, Have you made entry of this transaction in any book of yours? A. No, I have not. Q. How much besides did he owe you? A. He still owed me about 40l. besides. Q. How is it then that you paid him this 4l.? A. Because he wanted the money. Q. Has he paid you the 40l. since? A. He has. Q. How did he pay you? A. In goods and a chaff-machine. Q. How much for the chaff-machine? A. I do not know. Q. How much goods did you get? A. I do not know the value of them—I got some rice and the chaff-machine. Q. When bad you these things to pay you? A. I do not know when. Q. Will you swear it was a fortnight prior to the fiat issuing? A. No, I will not. Q. Will you swear it was not within a week of the fiat? A. Yes, I will, but not within a fortnight. Q. Why did your brother give you these things at that time? A. To clear me off. Q. Do you know that your brother had been served with two writs at that time? A. I did not—I know it now—I see them now in your hands. Q. Why were you to be cleared off at that time? A. I do not know. Q. Had your brother told you at that time he was going to petition the Court? A. He had not—I had no idea whatever of it. Q. How soon after you got those things from your brother did you send them to Gough's? A. I cannot. tell—it might be two days before the messenger came into possession? Q. Where is the book out of which your brother wrote out a list into his book? A. I do not know. Q. Have you any book from which your
brother wrote out the list, and where is it? A. I have it at my house—it belongs to my brother, I suppose—I gave it him—it is not my book, Q. What coloured book? A. A black book. Q. Is it a large book? A. It is not—it is a small book."
On the 9th of July he was further examined as follows:—"Q. Have you brought with you the black book which you spoke of in your former examination? A. I have not. Q. Why have you not brought it with you? A. Because I have not got it. Q. Where is it? A. I do not know. Q. Do you remember on your former examination stating respecting that book, 'I have it at my house, it belongs to my brother, I suppose?' A. I do. Q. Where is the book you so referred to in that examination? A. I do not know. Q. What has become of it since that examination? A. I do not know. Q. Was it true, as you then stated on your former examination, that you had the book then at your house? A. Yes. Q. Where is that book to which you so referred? A. I do not know. Q. Have you seen it since that last examination? A. No. Q. Have you not been summoned to produce it? A. Yes. Q. Why do you not produce it? A. Because I have not looked for it—I do not know where to look for it. Q. What house did you allude to on your former examination, when you said you had the book at your house? A. No. 14, Elizabeth-terrace, Ball's Pond-road, the same which I live in still, and from which I came this morning. Q. Does your brother, the bankrupt, live in the same house? A. He did live there—he does not live there now, and I do not know where he lives. Q. When did he leave that house? A. About a fortnight since. Q. Why did he leave it? A. I do not know, upon my oath, why he left it. Q. Did he give any reason why he should leave you?—had you any quarrel? A. He did not give any reason, and we had no quarrel. Q. Have you seen him since he left your house? A. Yes, Sir. Q. When did you see him last? A. On Saturday last—I did not then ask him where he was then living, and he did not tell me—I do not know where he resides now, nor where he has resided at any time during the last fortnight, except that I know that lie slept at a coffee-shop in Bishopsgate-street for one or two nights—I do not know the name of the coffee-shop, or who keeps it—it is near Sun-street, as I have heard from my brother. Q. Did you see him go away when he left your house? A. I did not see him. Q. Do you knour whether he took any book or account from your house? A. I cannot say. Q. Do you suspect that he took away any book of account? A. I do not know what to answer—the messenger of this Court has looked for the book—I know it is not there now—I have not seen it since I was last examined, but it used to be in my brother's room, the bankrupt's—I wish to add that I do suspect that my brother the bankrupt has taken it away. Q. Do you keep a banker's account? A. I do not now, but I did so, down to about a fortnight or ten days ago, at the bank of Sir William Lubbock. Q. Did you then withdraw your balance? A. Yes. Q. why did you do so? A. Because I could get no person to serve me on the arket, and I wanted to make use of the money in buying goods in my trade. Q. Had your brother handed any money over to you at any time to put into that banking-house? A. No. Q. Had he advanced any sum of money to you to dispose of anywhere for him? A. No. Q. I believe Mr. Ash lord had had some money of jours? A. Yes. Q. Had any portion of that money come from your brother the bankrupt? A. No. Q.
Do you know whether there is any sum of money lying anywhere belonging to your brother the bankrupt? A. I do not, upon my oath, nor do I know of any property belonging to him anywhere. Q. Do you know a person of the name of James Gammon? A. I do know him—he is a saddler. Q. Was any harness belonging to your brother, the bankrupt, sent to Gammon's? A. I do not know of any being sent—I have heard of some being sold to him by my brother, but I know nothing of it of my own knowledge. Q. Did not you hear from your brother, the bankrupt, that the harness was sent to Gammon's to take care of? A. No. Q. Did you know of any hops being sold by your brother, the bankrupt, to George Chalkley? A. Yes—I know some were sold to him, but I know nothing about their not having been paid for, or that the sale had been withholden from the knowledge of the creditors. Q,. Did you make any claim to the hops that had been sold to Mr. George Chalkley? A. No, I knew nothing of the affair. Q. Did the messenger of this Court seize any property in your possession which had been your brother's, the bankrupt? A. Yes, it had been my brother's until I bought it. Q. Does the purchase of that property appear in any book of yours? A. It did, but I cannot find the book—I have mislaid it—I wish to find it. Q. Describe the book? A. It is a little small book with a pencil in it, a pocket-book about eight inches in length—a bluish-black cover. Q. When did you see it last? A. I have not seen it since my last examination. Q. Is this a book distinct from the other black book of which you have already been speaking of in this examination, and referred to in your former examination? A. It is the very same book which I suppose my brother, the bankrupt, has taken. Q. Is the entry in that book respecting the sale of this property to you in your handwriting? A. No, in my brother's, the bankrupt. Q. What was the amount of the property so sold to you? A. About 40l. Q. Did any money pass on that occasion? A. Yes, about 9l., and the rest was in payment of a debt which he owed me. Q. Was there any account of that debt in any book of the bankrupt's? A. Yes, I believe it was in his ledger—I also had an account of it in a little penny memorandum-book of mine, which I looked for this morning and could not find, but I think I can produce it on some future occasion. Q. When was it you deposited the money with Mr. Ashford? A. About the middle of March last? Q. How much did you deposit with him? A. 100l., for which he gave me an I O U, and which I showed to Francis Gough. Q. When you showed it to Gough, did you not tell him that that money belonged to your brother, the bankrupt? A. I did not."
THOMAS WENSTEAD . I am clerk to the messenger of the Court of bankruptcy, Basinghall-street. I produce some proceedings under the fiat against Thomas Adlington—I remember serving the bankrupt with a duplicate of the adjudication on the 9th of April this year.
FRANCIS GOUGH . In the beginning of last March I was in the service of the bankrupt, Thomas Adlington; I know the prisoner; he is his brother; the bankrupt lived with him up to the time of his bankruptcy. I remember things being moved to my house several times, a short time prior to the bankruptcy, in March—I cannot tell the dates; it was about the middle of March—sometimes there was a quantity of groats moved, at other times ground rice—he was a corn and coal-dealer—the articles moved were articles in his own trade—he sold ground rice and groats, corn and oats—they were moved by me and by the men on the premises—there were
utensils moved, such as a chaff-machine, a hand-truck, and coal-sacks—the fiat issued on the 7th of April—a cart was moved to Glover's about two days prior to the bankruptcy; I think it went empty—it was worth 15l.—I saw it removed from the premises, I think, by Moses Gammon—I saw the bankrupt at the time it was removed—he and the prisoner gave orders for it—I do not think either of them were present at the time it was removed—both of them had given orders for its removal, in my hearing—it was to be removed to Mr. Glover's, at Totten-ham—previous to the bankruptcy, on Good Friday, I was requested to come round to help them with the books, to go through the accounts, and see which were bad debts and which were good—the bankrupt and I went through one set of books commonly used by the bankrupt, and the prisoner went through another set, and we found by the books gone through by the bankrupt and myself that he could offer 5s. in the pound—the prisoner was present—something was said as to the propriety of offering anything in the pound, or becoming a bankrupt—the goods were moved about the middle of March, at several times—several goods were removed before Good Friday—I knew of my master being put on his examination at the Bankruptcy Court—he requested me to go there—I did not know what for, till I got there; I then found it was to sign a paper—some goods were removed on the day the Bankruptcy Court took possession of the things—I had several conversations with the prisoner after that about the articles which had been previously removed to my premises—he told me they were his, and I was to say they were his if I was examined—I can give no certain account where those goods were at "that time—I was first at the Court of Bankruptcy on the 8th of April—the last public examination was on the 31st of May—I was still in their employ at that time—I had left their house, and lived at my own house-up to the time of the prisoner purchasing the business of the assignees, part of the goods which had been removed were at my place, and part at the prisoner's place—the books were removed—the cart was at Glover's—before any articles had been removed they had both together told me that I was to have the groats, over there, because they should not be able to pass any groats while the messenger held possession of the place—I told the Commissioner that I had the articles at my house, at my examination on the 31st of May—I had not been examined before—the messenger had left the premises before the 31st of May—after he had left, the goods at my house were moved back again—both the prisoner and the bankrupt helped to move them back—the bankrupt's name had been on the cart—I painted it out by his orders in the prisoner's presence—I fetched the cart home from Glover's—the articles that had gone to the prisoner's were not brought back, only just a few labels for present use—the books were kept under lock and key—the prisoner then started in the business, and the bankrupt travelled for his brother—that was the place the prisoner had held for him—I made no communication to the messenger about the goods I bad in my possession, because I was ordered not, both by the bankrupt and the prisoner, and I was not to let any of the neighbours see me move them, but I did not attend to those orders strictly, because I moved them in broad daylight—I was told not to let it be known—part of the goods were then at my place, and part at the prisoner's, and the cart was at Tottenham—some of the goods were seized at my house, in Fleet-row—that was alter the 31st, after I had given evidence.
Q. Before you gave evidence, on the 31st, had the prisoner said anything
to you about the evidence you were to give? A. I had been subpœnaed to the Bankruptcy Court, and I showed them my subpœna—they wished me to ride down with them, and the prisoner said, I was to say that the goods at my place were his—I was not to say they were the bankrupt's, or the bankrupt would not get his certificate—I said, if I was asked any question, I supposed I should be on my oath, and I should speak the truth—I did tell the truth—the goods returned to the house from my place were afterwards seized by the messenger in my presence—they were the same goods—here is an inventory of them—it is not in my handwriting—it was taken in my presence, and I am certain it is correct—the messenger went over the goods in my presence, and I saw him write down the description of them—he wrote down those I pointed out.
Cross-examined by MR. SERGEANT ALLEN. Q. What is Glover? A. A coach-builder—he paints carts, and makes carriages—I do not know whether he deals in carts—the prisoner purchased the business of the assignees some time after the messenger had possession of the place—I did not see the money paid—I know the messenger gave up possession to the prisoner—I heard he paid 120l. for the business—it was after that, that the goods at my place were moved back to the warehouse, where they were afterwards seized—Thomas then became the servant of Robert, and travelled and got orders for him—I was fourteen months in Thomas's employ—Robert did not buy for him during that time—he merely travelled and got orders, and was paid his commission—he did not attend the markets at all—perhaps he might towards the close of the bankrupt's career—I believe he did, because the bankrupt was ashamed to go into the market, and sent his brother—the prisoner was paid half the profit of what he sold—I do not know how the account stood between them at the time of the bankruptcy—I do not know that the prisoner had lent his brother sums of money during the business—Thomas did not admit, in a conversation before the removal of the goods, that he owed the prisoner a considerable sum of money—nothing was said about his owing him money—I cannot remember it.
COURT. Q. When you made an investigation of the books, and it was conjectured, that on the good debts 5s. in the 1l. could be paid, was nothing said about the account between Robert and his brother, or how that was to be settled? A. No, that was not taken into consideration at all—the prisoner copied his bad debts out of his ledger, and placed it into the large ledger—I do not recollect anything being said about any money being due either to Thomas or Robert.
MR. SERGEANT ALLEN. Q. Will you undertake to swear that at the time the removal of these goods was spoken of, nothing was said about Thomas being indebted to Robert, and that he should lose by his bankruptcy? A. I do not recollect anything of the sort—all I recollect is, that Robert told me if anybody asked me whose the things were, to say they were his—he had bought them of his brother.
Q. Pray what are you? A. I am nothing—I have been out of employment since the 31st of May—I certainly travel—I was out of employment three months before I went into Thomas Adlington's employment, during which time I got my living by selling goods—of course I did not consider it was altogether the thing of Thomas Adlington to remove goods when he was going to be a bankrupt; but I did not know the extent of the wrong—I had it in my heart
to serve him if I could—I had my opinion about it, but I was told they were Robert's—I knew they were not—Robert told were his—I believe he also said he had taken them of Thomas, in discharge of the debt due to him, because he knew Thomas would be a bankrupt—he said he had bought them—he said so at the time—Thomas did not say they were Robert's, and that he gave them to him to secure him in case of his bankruptcy—he gave me instructions to take such things over, and I was to say they were his brother Robert's, and Robert said the same—I was to say they were his—Thomas did not tell me Robert was to have them for what he owed him—I did not say they were Robert's—I did not take them with that view—I took them by his request to his place.
COURT. Q. For what purpose did you take them? A. They were to remain there—he hired the room of me—he was looking over, and saw I had a paper up to let my apartments, and he said to me, "Frank, you have not let your apartment yet?"—I said, "No, I have not"—he said, "I don't mind taking the room of you to put some groats in, because, when the messenger comes to take possession of the place, we shan't be able to serve our customers with rice, or pack the groats, as the machine it not movable; and therefore you had better take over the packets of groats so that we may be able to serve our customers all the same, and not ruin our trade; "and then in taking over the groats, he said, "Take some rice over, and you had better take the coal-sacks over; and if you want help, you must have it."
MR. SERGEANT ALLEN. Q. Did not you advise Robert to apply to Thomas to let him have those goods? A. No, I will take my oath I did not—I did not say to Robert, "You will never get a farthing of Thomas, I know he is going to be a bankrupt, and you had better agree with him to have part of the goods before"—I said they had better offer something in the pound rather than be bankrupts—I showed them the summons I had received to go before the Commissioners of Bankruptcy—I did not say if they would give me 10l. I would not go—nor anything of the kind—not a word of the sort ever passed—I went three times before the Commissioners—I went the first day, when the fiat was issued—I was not examined then—a question was put to me whether I knew he had been a trader, and I said, "Yes;" and they asked me my name—I was examined the second time—I was summoned then—I was not summoned the first time—I went at the request of the bankrupts—the second time I told all about where these goods were—that was on the 31st of May—that was the first time I was examined—I should say the goods were on the premises six or seven weeks before they were removed.
MR. BULLANTINE. Q. You say you have been in business yourself; what as? A. A corn-dealer—I can prove to the Court what I get my living by.
MR. SERGEANT ALLEN. Q. Have you ever been insolvent? A. No.
SAMUEL OTTLEY I am a gardener, residing at Kingsland. I took the chaffing-machine to pieces, and assisted Gough to remove that, and the books, and various other little things, such as sieves and that, from the bankrupt's premises—I cannot tell whether there were two or three sieves—I did not assist to remove anything else particularly—it was some time in March, at the hitter part, I think—I took the chafiing-machine over to Gough's, and the hooks and papers to the prisoner's—I do not know the value of the chaffing-machine—I merely helped to remove the things.
WILLIAM MEERES . I am assistant to Mr. Hamber, the messenger to the Court of Bankruptcy. I was put in possession of the warehouse belonging to the bankrupt, Thomas Adlington, from the 9th up to the 22nd of April—I have not seen any goods that have been subsequently seized there—I had nothing to do with the second seizure—there was about 120l. worth of goods on the premises when I went in.
Cross-examined. Q. You sold those goods, did you not, to the prisoner? A. I did not—they were sold by the assignees—I do not know anything about the sale—they brought me my discharge, with directions to give up possession to the prisoner, and leave the things that were on the premises.
THOMAS HAMBKR . I am messenger of the Court of Bankruptcy. I have heard the goods mentioned in this indictment—I seized them on the 17th or 18th of June, at the Bankrupt's warehouse, at Kingsland—previous to that, Meeres, my messenger, had been in posseision—I believe none of the goods I then seized were left on the premises when he left possession.
COURT. Q. Do you know the fact? have you an inventory of the things you delivered over to the prisoner with the premises? A. There was an inventory taken by the Court of those things that my assistant took possession of—those things were delivered up to the prisoner from the first inventory—this inventory was not taken by myself, but by the broker of the Court.
Cross-examined. Q. You are the attorney for this prosecution? A. Yes, and for the assignees—the assignees sold this property to the prisoner in my presence—the official assignee received the money—I gave a receipt for 120l., for goods, fixtures, and lease—the official assignee attends to the account of goods sold—it is not the duty of the solicitor—the papers are accessible to me—I have a duplicate of the account—I have seen the receipt for the 120l. in the hands of the prisoner's attorney, and the inventory also.
MR. HAMBER re-examined. I believe this duplicate original to be an inventory of the things taken by my assistant on the original seizure—without a comparison, I could not tell whether any of those things are included in this indictment, but I believe not—I have a list of the things I took—I believe nothing was included in the inventory that was not to be found on the premises previously—I believe the list I have is totally different from this—(looking at one)—there is not an article in my lift contained in this—the good-will of the trade was included in the sale—a cart was seized by me in June—I do not know what that sold for—the cart and a pony was sold by order of the assignees—I had nothing to do with it, and do not know how much they brought—I should say the value of all the articles I seized was about 60l. or 70l. altogether—it is quite a guess on my part.
RICHARD HENRY ASHFORD . I am a pawnbroker, and live at No. 41, Bethnal-green-road. I have known the prisoner three or four years—I saw him after the 31st of May, not at his own house, but I supposed he was there—I saw him at my house—he has called regularly every week
for a long time past—I saw him at the Old Woodman beer-shop at the latter end of July—he was then going by the name of Parry—he said it was because he was in trouble.
Cross-examined. Q. In your dealings with him hare you always found him an honest respectable man? A. Always—he has on many occasions deposited money with me before his brother's bankruptcy—I did not know that he was doing business on his own account as well as for his brother, for some time previous to the bankruptcy—I knew him first of all as a carpenter—he was strongly recommended to me by his landlord as a worthy honest young man, and I furnished his house with goods; and it was in consequence of his coming to me week after week, to pay me money off the goods, that I became more acquainted with him—on one occasion he deposited money with me, it was 100l., on the 15th of March—Thomas Adlington came to my house once—I only knew him on that occasion—the prisoner told me that Thomas was considerably indebted to him—he said he owed him a good deal of money for commission at various times.
MR. BALLANTINE. Q. When he deposited this 100l., whose did he say it was? A. His own—prior to his depositing it he said, "My brother is about paying me some commission which has been owing to me for some time, will you be kind enough to take care of it for me?" and he afterwards brought me the 100l.—he gave no particular reason for depositing it with me, only asking me to take care of it for him—I have frequently lent the prisoner money when he has said, "My brother is short, can you oblige me with money?" I felt that confidence in him—he applied for 50l. of the 100l. on the 15th of April, and the remainder in the course of May, this year.
HENRY DRAPER . I am a bookbinder; I am a relation of Mr. Doudney, and carry on business in Long-lane. I have in my possession some stereotype plates belonging to the bankrupt—I have had them ever since they were first cast, in Oct., 1844.
(The prisoner received an excellent character.)
NOT GUILTY .
NEW COURT.—Monday, October 21th, 1845.
Fifth Jury, before Edward Bullock, Esq.
MR. PAYNE conducted the Prosecution.
THOMAS STRUTT . I am mate of the brig Mary, which laid in St. Katharine's Dock. On the 21st of Oct. the prisoner came on board—I had a watch, which I gave 4l. 10s. for—it went pretty well, but rather too fast—he saw it, and he had one of his own, which he said went on a chronometer balance—he valued it at 6l.—he asked me to let him look at my watch, and I did so—he said he was a respectable tradesman, and so on, and he would exchange his watch for mine—our agreement was, that when I came from the voyage I was to pay him 30s. with this watch of mine for his, and I was to have mine back if I did not like this one—I gave him my watch, and I took his—I asked him for something in black and white—he said his card would do, and gave me his card—I left it on his
table, when his apprentice, as he called himself, came for me the next day, and have not got it—the name, "John Dempsey, 23, Shaftesbury-place, Aldersgate-street,"was on the card—the prisoner did not say he was a watch-maker—when he had got my watch he left me; and after I had had his watch half an hour I went to Mr. Harris, a watch-maker, near the docks, and found my bargain was not a very good one—the watch went for about half an hour, and would not go any more—I went after the prisoner, but could not find him—the address was not correct—the next morning a young man fetched me to the prisoner's house—I saw the prisoner there—he asked why I did not come to his house on the Tuesday night to pay him the 30s.—I said that was not my agreement—he said he had three respectable witnesses—I cannot say what they were for—there were no witnesses when he changed the watch with me—he asked me to let him look at the watch he sold me, and I gave it him—he then called for beer and water—I cannot say what the water was for, but I suppose it was to stupify me—I asked him for my own watch which I had parted with to him, and he would not give it me—he said all he wanted was 30s.—I left the house before the beer came—I got a policeman, who went back with me—I saw my own watch delivered to the police-sergeant at the Court, by the young man who called himself an apprentice, the same who came to fetch me—I should not have parted with my watch unless he had told me that his watch bad a chronometer balance, and that he was a respectable tradesman.
Cross-examined by MR. DOANE. Q. The agreement was, that if you did not like the watch, it was to be returned; but if it was satisfactory, you were to give 30s., was that so? A. Yes, if I liked the watch, I was to pay 30s.—the next morning the apprentice came and took me to the prisoner's residence—I found the prisoner there, and another young man and a woman—he asked me why I did not come and pay the 30s. last night—he said that was the agreement—I said I had come last night, and could not find the place; but I told him that was not the agreement—I had never been at that place before—I swear he said his watch went on a chronometer balance, and that he valued it at 6l.—there was nobody present but a boy, who is not here—the prisoner afterwards offered to give me up my watch, and have no more bother with me.
MR. PAYNE. Q. Was that when the policeman was there? A. Yes, when we came out of the Court—he had before that refused to give me my watch—I did not take it, because it was then in the policeman's hands—I did not go to pay the prisoner the 30s. when I could not find him—I went to return him his watch, and to have mine back.
GEORGE FOSTER (City police-constable No, 425.) On the 22nd of Oct., I saw the prosecutor, and went with him to different places, and at last found the prisoner in a court in Aldersgate-street—he said, "I know nothing about the man's watch; I have no watch of the man's; if you will go with me, I will soon satisfy you about it; the fellow wanted to swindle me out of 30s."—he said. "I have two or three respectable witnesses"—I went with him to Shaftesbury-place, and found two young men and a woman there—the prisoner said, calling on the young man, "Does not this fellow owe us 30s.?" or words to that effect—I said, "We do not want any of this fuss or bother, come down to the station and settle it there"—they denied that they had the prosecutor's watch—the prisoner went on to say he was a respectable man—he defied me to take him, saying
it was a charge that I had no business with—I went towards him and said, "Whether or not, you must go with me"—he opened a drawer and drew a watch out—I asked him to let me look at it—he said, "There is the watch; but no man shall have it till I have my 30s.—I asked him to give it me to look at, but he refused—I then took him to the station—he said on the way that he was a respectable watchmaker; that it was an affair I had nothing to do with, and he would get me discharged from the police—I told the inspector that he had the watch in his pocket, and he ordered him to give it up—he refused—the inspector ordered me to search him—I went towards him, and he drew it from his pocket and gave it me—I took him to Guildhall—the case was brought before Mr. Alderman Wood, and the watch was handed to the sergeant by some one from the bench—this is it—the prisoner said he had sold the prosecutor's watch to the mate or steward of a West Indiaman for three halfcrowns, and that it was a worthless thing—he repeatedly said that.
Cross-examined. Q. Did not the young man take the prosecutor's watch out of his pocket in going to the station? A. No, he did at the station—it was proposed by the prisoner and the young man that the sailor should have the watch back again, and have no more bother about it—that was after the prisoner said he had sold it.
MR. PAYNE. Q. Do you know the prisoner? A. I do—he goes about in the docks hawking watches as a watchmaker.
FREDERICK WHITE . I am a sergeant of the City police. I produce these two watches—this is the duffing watch—it is a very showy concern, and this other is the prosecutor's—I heard the prisoner say he had sold the sailor's watch for 7s. 6d.
WILLIAM THOMAS MIDDLETON . I am a watchmaker, and live in Grenada-terrace, Commercial-road. This watch, which has the initials "TS" upon it, might have been worth 4l. 10s. when new—if I purchased it now, and sold it again, I should expect three guineas, or 3l. 5s. for it—this other watch has no chronometer balance, or anything of the kind—it is worth about 25s.—it is not worth near 6l.—it is made more for show than anything else.
GUILTY . Aged 35.— Confined Six Months.
NEW COURT.—Tuesday, October 28th, 1845.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 35.— Confined Three Months,.
GUILTY . Aged 17.— Confined Four Months.
GUILTY . Aged 13.— Confined Four Months.
NOT GUILTY .
GUILTY .— Confined One Month.
(The prisoner received a good character.)
1998. EDWARD JOHNSON was indicted for burglariously breaking and entering the dwelling-house of Mary Ann Bain, about two in the night of the 16th of Sept., at St. Pancras, with intent to steal, and stealing therein 9 spoons, value 1l. 8s.; 1 medal, 10s.; 5 rings, 3l.; 1 buckle, 6d.; and 1 pair of tweezers, 1s. 6d.; her property.
MR. PAYNE conducted the Prosecution.
MARY ANN BAIN . I am a widow, and keep a house, No. 13, Ampton-street, in the parish of St. Pancras—on the 16th of Sept. I was sleeping in the kitchen under the back parlour—about two o'clock in the morning of the 17th I was awoke by a sound like the falling of a bunch of keys—I got up, went to the stairs, and called—I went up two or three of the kitchen stairs—I had no light—I called to the young person who slept at the top of the house, and asked her if she wanted anything, or whether anything was the matter—there was no answer, and on looking round I discovered that a light which was in the back parlour was put out—I had seen a light in looking up as I came up stairs, I then asked the question, and then the light was put out—I entered the parlour, and saw the prisoner standing at the table; about two yards from the parlour door, and about the same distance from the window, which was wide open—he went out at the window directly he saw me—I called out, "Robbers! thieves!"—I stood at the window and continued calling out—he got over the wall into Frederick-place—there is a washhouse, the tiles of which come up under the window of the parlour I was in, and they would enable a person to get in at that window—there are gardens in the rear of the houses in Frederick-place, and I saw him go along the walls of those gardens—he slipped down from the wall into Frederick-place, and there I lost sight of him—the police then called out, "We are on the look out," and in about five minutes I heard a whistle, and another police-man said, "We have caught him"—the policeman came to my house with a lantern—I shut the window down, and went to the street door and let them in, but previous to that two other policemen had come in at the window which the thief had left open—they looked round, and I saw them find some plate in a handkerchief on the table—there was another handkerchief of mine lying there, but the plate was in one that was not mine—there were two table-spoons, seven tea-spoons, a pair of sugar-tongs, five gold rings, a silver medal, a buckle, and a pair of tweezers, and a parasol was lying near the handkerchief—the plate had been in a box on the drawers in the same room—the value of the things that had been removed was from 5l. to 7l.—they belonged to me—I picked up the bunch of keys under the table where they had fallen, which had awoke me—I had left the drawers unlocked the night before, but the box in the spoons had been was locked—every drawer had been opened and
overhauled, and the dress which I have was on the floor—I had left that bunch of keys on the dresser in the front kitchen, and one of the keys opened the box which contained the plate—I had gone to bed about ten o'clock—no one slept in the front kitchen—I found a piece of candle on the mantle-shelf in the back parlour which had not been lighted, and there was another piece produced by the policeman which had been lighted—every room that was not occupied had been entered, and every drawer opened—I was last in the back parlour about seven o'clock the evening before—the sashes were both down, but the shutters were not fastened—I was the last person up in the house—the back parlour is exclusively occupied by me—I have no knowledge of the prisoner—I did not know the piece of candle—a few days after the robbery I found missing a stone, a magnifying-glass, a silk handkerchief, a black handkerchief, and a knife—they have been shown to me since, and I know them to be mine—I could not swear to the prisoner's face—in turning round to look at me his shadow darkened the moonlight, but the height of his figure and his person were the same as the prisoner's.
Cross-examined by MR. HORRY. Q. You saw somebody going out, but his face was not towards you? A. Yes, it was, but I could not see it, he was standing at the table—immediately I entered the room he turned and looked at me, then stepped on the sofa, and went out—I saw him going out of the window, over the wash-house, and over the wall—I have three children—I was hearing them their lessons in the back parlour—I then went down to the kitchen—I did not go into the back parlour again—I have one lodger who sleeps in the top room—I had not fastened the back parlour shutters—I can say that no one belonging to me had opened the back parlour window that evening—I had merely drawn it down—there was no violence about the window—I should think it is more readily lifted up on the inside than on the outside—my lodger did not come in till ten o'clock.
BENJAMIN SWANSON (police-constable G 172.) I was in Ampton-street, on the morning of the 17th Sept., at half-past two o'clock—I heard a noise as if it was a scraping up against the wall of the back garden of a house in Ampton-street—in a minute or two I observed the prisoner come over the wall, and as he dropped down his boots fell from him—he had them in his hand, and none on his feet—from the place where he came you could get along the walls and over the roof to the prosecutrix's house—I tried that—when he came over the wall, I heard the prosecutrix call out "Thieves! Robbers!"—the prisoner dropped the boots and ran off, and I after him—another officer came up and he took him to the station—I returned and answered the prosecutrix's call, that we were looking out for him—I went over the walls, and through the window, and saw the plate in the handkerchief on the table, near the back window.
JAMES WARD (police-constable G 25.) I heard Swanson cry out, and saw the prisoner running as fast as he could down Frederick-street, towards me—when he came within thirty yards of me, I heard something fall from him, which sounded like iron—he tried to pass me—I caught him, and took him to the station—he had no shoes or boots on—he said he had lost his shoes in running after a man who had gone over the wall—I asked what it was that had fallen from him in Frederick-street—he said "Nothing"—I said I was sure there was something fell which sounded like keys—I went to the spot and found this chisel—Swanson came in
soon after with the boots—I took them from him, and asked the prisoner if they were his—he said, yes, they were—I found on him a box of lucifer matches, two shillings and three halfpence—I asked where he lodged, he told me—I went to his lodging about five o'clock that morning, and there found this black silk handkerchief, and this knife, wrapped up together, on a ledge up the chimney—they have been identified by the prosecutrix since the prisoner has been committed, but he had no opportunity of going home that morning.
JOHN LAWRENCE (police-constable G 61.) At half-past two o'clock in the morning, on the 17th Sept., I went to the prosecutrix's house with my lantern—I found this property on the table in the back parlour, and on the mantel-shelf this piece of candle, which had not been lighted, wrapped in a piece of paper—the prosecutrix said it was not here—I found this other piece of candle, which had been lighted, on the tiling of the wash-house, and a lucifer match.
MARY ANN BAIN re-examined. This black silk handkerchief and knife are mine—I had worn this handkerchief on the Sunday previous to the Tuesday of this robbery—I have heard the policeman describe where the prisoner got over the wall—that was the place where I had seen the prisoner go—this property is all mine.
Cross-examined. Q. Is there any mark on this handkerchief? A. I hemmed it ten years ago, and I know it—I had put it into the drawer on the Sunday, with this dress which I have on—I did not miss it till after this—this silver medal was given to my husband by the Society of Arts, for his invention of stamps for bookbinders.
GUILTY of Stealing only. Transported for Seven Years.
ROBERT GAUNT . I am apprentice to Mr. Carruthers, a boot and shoemaker. On the 23rd of Sept., about four o'clock in the afternoon, I was in the fair at Enfield—John Bird told me something—I felt in my pocket, and missed my handkerchief—I turned, and saw the prisoner running away—we ran after him for about 100 yards, into the Greyhound-yard—there Tyler, the policeman, had the prisoner—this is my handkerchief—it had been in my right hand pocket—it was handed to ne by John Bird, in he Greyhound-yard.
Cross-examined by MR. PAYNE. Q. How long had you been in the fair? A. About a quarter of an hour—it is about 100 yards to the Greyhound-yard.
CHARLES BIRD . I am a sailor, and live at Enfield. I was at Enfield fair with the prosecutor and John Bird—I saw the prisoner put this hand-kerchief into his pocket—he was then standing at the top of the town, outside the Nag's Head—I do not know how he came by it—it was about four o'clock—I took hold of him, and told him he had got that young man's handkerchief, and asked him to deliver it—he never said a word, but ran away—I ran, and caught him in the Greyhound-yard—I did not lose sight of him—I held him till the policeman came and took him.
THOMAS TYLER (police-constable N 275.) I was at the Nag's Head, looking out at the window—I saw the prisoner running, and Gaunt and Bird running after him—I heard a cry of "Stop thief!"—I went down to the Greyhound, and found the prisoner there, secured by Charles Bird—I
took him, and received this handkerchief, in about a quarter of an hour, from the prosecutor—John Bird is gone to sea.
NOT GUILTY .
2000. JAMES HEMMINGS was indicted for stealing 18 copy-books, value 1s. 8d., the goods of Alfred Souter and another, his masters; also, 3 printed books, 6s. 8d., the goods of Alfred Souter and another, his masters; to both which he pleaded
GUILTY . Aged 33.— Confined One Month.
(The prisoner received a good character.)
2001. JOSEPH NICHOLLS was indicted for stealing 1 coat, value 1l.; 1 waistcoat, 10s.; 1 pair of trowsers, 10s.; 12 half-crowns, 40 shillings, and 20 sixpences; the goods of the Rev. John Foyster Grantham; and that he had been before convicted of felony.
REV. JOHN FOYSTER GRANTHAM . I am the vicar of Cookham, in Berk-shire. I saw my servant make up a parcel—I furnished the money for the purpose—there was 4l. in silver in it, in half-crowns, shillings, and sixpences: a coat, waistcoat, and pair of trowsers—I gave it to my servant to take to the carrier, but I did not see him take it—there was a direction given that it was a valuable parcel.
Prisoner. Q. What number of coins were in the parcel? A. I cannot answer to the exact number—they were all the silver coins of the realm, and of recent date—I think it was in four separate parcels, the 4l. separately—the parcels were not sewn up—I think they were sealed up, but I am not certain—they were in paper.
COURT. Q. What paper was it? A. I cannot say—probably it was cartridge paper, or torn-up loose paper—the money was put up in separate parcels, and directed to Mr. Myers, No. 72, Oxford-street.
THOMAS WILDER . I am a carrier from Cookham to London. On the 12th of Sept. I received a parcel from Mrs. Ford, my mistress, directed to Mr. Myers, No. 72, Oxford-street—I brought it to London, and gave it to Jackson to deliver for me.
MAJOR JACKSON . On the 13th of Sept. I received a square parcel from Wilder to take to No. 72, Oxford-street—I saw the direction on it—I gave it to the prisoner—he said he was going up to Broad-street, and he would take it for me—I had known him for a good while before—I told him where I was going, and he came up to me, and offered to take it for half the porterage, which was 3d.—I was to receive 6d.—on the Sunday I saw the prisoner again—he said nothing about it—on the Tuesday I saw him again, and asked him if he had delivered it—he said, "Yes"—on the Thursday Mr. Wilder came and informed me it had not been taken—I went in search of the prisoner, and found him in the Fountain public-house, in company with the policeman—I said, "Joe, you have done a pretty thing for me, you have not delivered that parcel"—he said, "I am sorry for it; it is my own bringing on; I cannot help it"—on the way to the station, I said, "What have you done with the money?"—he said it was spent—I said, "What have you done with the clothes?"—he said he did not know, somebody else had them.
Prisoner. Q. What time on Saturday morning did you give me the parcel? A. It might be between twelve and one o'clock—you said you were going to your brother Charles's, in the Strand, and then to Broad-street,
Bloomsbury—I said, "Don't fail to deliver it"—you said, "No, it won't take me long."
HENRY FINCH (City police-constable, No. 247.) I took charge of the prisoner in St. Giles's—he told Jackson he had spent the money, and had given the clothes to some person, but he had received nothing for them, or words to that effect.
Prisoner's Defence. I was intoxicated.
THOMAS LANGLEY (police-constable F 121.) I produce a certificate of the prisoner's former conviction, which I got at this Court—(read—Convicted on the 19th of Aug., 1844, by the name of John Blackburn, and imprisoned three months)—the prisoner is the man.
GUILTY . Aged 22.— Transported for Seven Years.
RICHARD WILLIAM COOPER . I live in Weston-street, Clerkenwell, and am a clerk to a solicitor. On the 22nd of Oct., at a quarter before twelve o'clock, I was in Fetter-lane—I felt a pull at my coat pocket—I felt, and missed my handkerchief—I know it had been in my pocket ten minutes before, when I left the office—I saw the prisoner close behind me—he had his hand concealed under his coat—I said, "I don't know, but I suspect you have picked my pocket"—he appeared indignant, and denied it—I requested him to let me see what he had in his hand concealed, which he refused to do, and asked me to go up a court—I gave him in charge—this is my handkerchief.
Prisoner's Defence. The gentleman said, "You have got my handker-chief;" I took it out of my pocket, and said, "Is this your's?" he said, "Yes," and gave me in charge.
GEORGE WARDLE (City police-constable, No. 25.) I produce a certificate of the prisoner's former conviction, which I got at this Court—(read—Convicted on the 3rd of March, 1845, by the name of Daniel Burm, and confined six months)—the prisoner is the same person.
GUILTY . Aged 19.— Transported for Ten Years.
WILLIAM WILSON . I am in the employ of Thomas Griffith, and another, hatters, Old Bond-street. On the 8th of Oct., the prisoner came to our shop and said he wanted a hat—I showed him one, and it was too big—I showed him another, which he said would do, and asked me the price—I said, "A guinea"—he said if I could give him change for a check of 47l. he would pay me—I said I could not—he gave me the name of William Rust—I said that was the name of a customer that we had, was
he a brother of his—he said yes, and he gave me the address, "The Grove, Ealing," and "No. 30, Park-street, Grosvenor-square"—he walked away with the hat, and left the old one to be done up—he did not pay me any money—I sent the old hat by the porter, to No. 30, Park-street, and there was no such person known there—I let him have the hat, having a customer of the name of Rust, and he saying he was his brother, I did not doubt his word.
Cross-examined by MR. DOANE. Q. Is Mr. Rust, your customer, here? A. No, I have not seen him since this—I did not go to inquire—the prisoner mentioned the name of Rust directly after he fitted the hat on—I had never seen him before, to my knowledge—nothing was said about the address of our customer.
GEORGE VENTOM re-examined. I know Mr. Alderman Wood's signature—I saw him sign this deposition—(read)—"The prisoner says, I admit I had the hat as stated; I do not recollect what address, or what name I gave; it was dire want that caused me to do it."
GUILTY . Aged 59.—Recommended to mercy by the Jury.— Confined Three Months.
(There were two other charges against the prisoner.
GUILTY of a Common Assault. Aged 24.— Confined Three Months.
GUILTY . Aged 35.— Confined One Month.
GUILTY .† Aged 17.— Transported for Ten Years.
GUILTY . Aged 30.— Confined Three Months.
PETER LOGAN . I am an inspector of the F division of police—the prisoner was a police-constable of that division—on the morning of the 13th of October he was on duty in the Strand, and about half-past four o'clock he brought in a female to the station-house accused of robbing a seaman—the prisoner took a purse from her containing five 5l. notes, two sovereigns, and twenty-one shillings in silver—he produced it to me, and I kept possession of the purse and its contents till the case went before the Magistrate—in the course of the same morning he came to the station again—he did not say anything to me, but I gave him the same purse and money to produce
before the Magistrate—I was present at the examination, and the prisoner produced the purse and money—the female who was in custody was remanded, and the prosecutor applied for some part of the money—the Magistrate ordered 5l. to be delivered up to him out of the purse—I directed the prisoner to take the remainder of the money and the purse to the station, and to deliver it to the inspector on duty—I never saw him again till he was taken into custody on the Thursday morning, which was three mornings afterwards—I inquired at the station-house and he was not there, and the money was gone—it having been delivered to me I became responsible for it till the case went to trial.
Cross-examined by MR. MELLOR. Q. The money was all right when produced before the Magistrate? A. Yes, all correct—I then desired him to take it to the inspector on duty.
WILLIAM ROBERT BLACK . I am an inspector of the F division of police—at half-past two o'clock on the 16th of Oct., from some information I received I went to No. 12, New-street, Lambeth, and found the prisoner—I searched the bed and found 20l. 7s.—there was 18l. 10s. in gold, and 1l. 17s. in shillings and sixpences and other silver—I told him whatever he said to me would be made use of in evidence—he said he did not know what possessed him to do such an action, and he had changed the notes at Greenwich—I have the money here.
Cross-examined. Q. Has the prisoner borne a good character till this? A. Yes—I should have heard if there had been anything against him.
NOT GUILTY .
DAVID EVANS . I have been for fifteen years a seaman in her Majesty's service—on Sunday night, the 12th of Oct., I engaged a cab to have a cruise for the night—it was to drive me about till six o'clock in the morning—I stopped at the Plough public-house in Oxford-street—the prisoner met me outside, and asked me for a ride—I said, "Yes, jump in, I will give you a ride as far as I go"—I was going to Waterloo-road, and told the cabman to drive there—as we were going up Wellington-street I was dozing in the corner of the cab—the cab stopped, and it awoke me immediately—I found the door was open and the prisoner gone—I put my head out and saw her going at a sharp trot towards the Strand—I sung out to the caiman, "Slew round, I am robbed"—I put my hand to my pocket as we were going on full speed, and my purse was gone—I jumped out right bang on the prisoner, and found my purse in her hand—I was going to strike her, but the policeman came up—I said to him, "You take her, and don't let go her hand till you get to the station-house"—I know I had my purse perfectly safe before I saw her—I was certainly the worse for liquor, but I was not regularly stupified—I was not dead gone—I was lather sleepy—I had my intellects—I have not seen my purse since—it was a blue purse, and had two bone slides—I had five 5l. bank notes in it, two sovereigns, and twenty-one shillings in silver.
Prisoner. I first told the cabman to stop, and when you asked me to deliver up what I had got, I said I had nothing but what you gave me.
Witness. It is not a very likely thing that I should give all my store to
you—I belong to the Caledonia now; but I was invalided from another ship—I hold the rank of quarter-master.
PETER LOGAN . I am an inspector of the F division of police. The prisoner was brought to the station—I delivered the purse to another person, and it does not now appear—it was a blue purse with bone slides, and contained the money stated.
Prisoner's Defence. He gave me the purse as I got out of the cab; I met a policeman, and was asking him the way home; I did not know where I was; if I had had an intention of going away, I could have done it before.
GUILTY . Aged 20.—Recommended to mercy by the Jury and Prosecutor.— Confined Three months.
JOSEPH COLTON (City police-constable, No. 239.) On the 27th Sept, I was in Long-lane, Smithfield, about half-past one o'clock in the afternoon—I saw the prisoner take this saw to a pawnbroker's—I had suspicion, and went to the door and took him to the station—a person gave me information, and I went and got this stock and bit.
HENRY KING . I am a pie-man, and live in Long-lane. On the 27th of Sept., about half-past one o'clock, the prisoner asked me to allow him to leave this stock and bit at my shop for a little while, which I did—about ten minutes afterwards I saw him in custody with the policeman—I went out, and stated the prisoner bad just left the stock at my shop, and I gave it to the policeman.
JOHN THOMAS JAMES . I am a carpenter. This saw, and stock, and bit are mine—on the 27th Sept., I was working at the New Royal Exchange-buildings, and left these things safe at twelve o'clock to go to dinner, when I came back they were gone.
Prisoner's Defence. I bought them in Petticoat-lane, of a Jew, for 5s.; I left the stock at the pie-shop, and went to pawn the saw.
GUILTY .* Aged 19.— Confined Six Months.
NEW COURT.—Wednesday, October 29th, 1845.
Fifth Jury, before Mr. Common Sergeant.
2011. JOSEPH EDGE was indicted for stealing 1 watch, value 3l. 10s.; 1 guard-chain, 10s.; 1 seal, 10s.; and 1 gold ornament, 10s.; the goods of Cranmer Harris; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 32.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Three Months.
2013. JOHN WILKINSON was indicted for stealing, on the 27th of Sept., 12 shirts, value 3l., the goods of Thomas Pickford and others,his masters: also, on the 6th of Oct., 6 knives, value 2l.; 6 forks, 2l.; 10 spoons, 4l.; 2 watch-guards, 4l.; 1 pair of ear-rings, 16s.; and 2 rings, 1l. 10s.; the goods of Thomas Pickford and others, his masters; to both which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
ROBERT PLOWRIGHT (City police-constable, No. 664.) About a quarter before nine o'clock on the 30th of Sept., I was in Bishopsgate-street-without—I saw the prisoner with another boy—the prisoner went to Mrs. Whitfield's shop, and lifted this oil-cloth, which stood on the other side of a dummy—he made several attempts before he got it loose—it took him five or six minutes—he got it at last, took it up, went away, and I caught him with it.
Cross-examined by MR. CLARKSON. Q. Did not be state at the station that it had been given to him by a person to carry? A. No, he did not deny my story—he offered to send to his friends—he was not asked if he wanted any money to send to his friends—I never saw him before.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY . Aged 17.—Recommended to mercy,— Confined One Month.
HENRY WIGGINSON . I am in the service of Mary Guy and Henry Smith, of Farringdon-street. About four o'clock, on the 24th of Oct., the prisoner looked out a lot of remnants of prints at the door, to the value of 1s.—I offered to put them into the basket which she had, but she refused—she tendered me a half-crown, and, as I went to the end of the shop for change, I saw her conceal something under her shawl—she saw me, and put it down again—I then went to the door, and, in the bottom of her basket I found these two pieces of merino, and this Orleans cloth was under her shawl—she put the basket down on the counter, and ran up Farringdon-market—I pursued and took her—she had not paid for any of these things.
GEORGE EDWARDS . I was at the door of Mrs. Guy's shop—I saw the prisoner take one piece and put it under her shawl—she saw the shopman coming, and dropped it—she ran out of the shop, and left her basket.
Prisoner. I bought a lot of goods, and took these up by mistake.
GUILTY .* Aged 42.— Confined Six Months.
THOMAS JAMES MILNER . I live in Brook-street, West-square, Lambeth. About ten minutes past seven o'clock, in the evening of the 23rd of Oct., I was going down St. John-street, Smithfield—I got to the corner of Charterhouse-lane, and felt a pull—I turned, and saw the prisoner throw
my handkerchief away—I felt my pocket, and missed it—I caught him, and a young man took up the handkerchief—I found it was mine—I gave him in charge.
Prisoner. I was going down the street; I saw the handkerchief; the gentleman said, "It is mine", and he said, "Here, master, take this boy."
(The prisoner received a good character.)
GUILTY . Aged 12.—Recommended to mercy.— Confined Four Days, and
FLETCHER BOWMAN . I live in Wood-street, Cheapside. On the 23rd of Sept., about half-past nine o'clock, I was in Aldersgate-street—I found the prisoner picking my pocket—I turned and caught him—I saw him drop my handkerchief behind him—I picked it up—he ran away—the policeman caught him—I am sure he is the boy.
Prisoner. Q. Did not another man come up and say the handkerchief was up the street? A. As soon as I laid hold of the prisoner he dropped it, and while I was picking it up, he ran away—I did not see him drop it—I held him till a gentleman came across and said, "The handkerchief is behind him"—there was no one else there.
Prisoner. You was sixty yards from where it was picked up; you told my mother you saw me drop it going along Beech-street.
Witness. No such thing, it was dropped in Aldersgate-street—I was about ten yards from him.
GUILTY .* Aged 17.— Confined Six Months.
2018. JOHN WILLIAMS was indicted for stealing 1 jacket, value 1l. 5s.; 1 pair of trowsers, 1l.; 1 waistcoat, 3s.; 3 shirts, 7s.; 1 handkerchief, 2s.; and 2 sovereigns; the property of John George, in a certain vessel, on the navigable river Thames.
JOHN GEORGE . I am a seaman on board the Fawn, of Glasgow—she was in the Thames on the 20th of Sept.—the prisoner came on board, and asked the captain for a passage to Scotland—he came down the forecastle and told us the captain had given him a passage, and we knew no other—next day the master heard that he was in the forecastle, and told us to tell him to come up, and he turned us all on shore—I had my clothes all safe on board—a man afterwards came and gave me information—I then missed my clothes out of the forecastle—these are them.
JANE VINCENT . I keep a public-house. The prisoner came in between ten and eleven at night with a bundle, he went into the tap-room—I served him with a pint of porter—I saw him untie the bundle and search the jacket-pocket—some time after he asked me to take care of the bundle—it contained these things.
GUILTY . Aged 31.— Confined Six Months.
2019. ELIZABETH RICHES was indicted for stealing 1 purse, value 2d.; 2 half-crowns; 2 shillings; and 1 farthing, the monies of James Sarsfield, from his person; and that she had been before convicted of felony.
JAMES SARSFIELD . I am a dyer. On the 22nd of Sept., between twelve and one o'clock in the morning I met a female in Whitechapel-road, who I believe was the prisoner—I was only with her a few minutes—I lost a purse containing two half-crowns, two shillings, and one farthing—this is my purse, I am quite certain—the prisoner put her hand round me, and asked me to go home with her—I declined—she walked a few yards—I had occasion to stop, and she went away.
Prisoner. Q. Can you swear to me? A. I believe you are the person—I had been drinking a little, but was not drunk—I did not speak to you when you first came up to me—I met you between the hospital and the church—you were not many minutes in my company—you did not walk with me many yards—you left me not far from a public-house—I cannot say what you had in your right hand—I did not ask you where you were going—I was not agreeable for you to walk with me—you laid hold of me, and put your arms round me—I could not exactly get away from you—I am not aware that I gave you any thing in going along—I am sure I did not give you any coppers—I cannot swear you took my purse, but I can swear the purse the officer produced was mine.
EDWARD WIGLEY (police-constable H 141.) At a quarter before one o'clock that morning, the prisoner and the prosecutor passed me in Whitechapel-road—the prisoner had got her arm round his waist—she left him, and I went and asked if he had lost anything—he said, "No"—I said, "Your left-pocket is turned inside out"—he then said he had lost a leather purse with one metal ring and one steel ring, two half-crowns and two shillings in it—I went and took the prisoner about 200 yards off—she had got the purse and silver in her hand, and 7d. in her other hand—she said she picked the purse up.
Prisoner. Q. Did I have it concealed? A. No, you had it in your hand—you kicked, and was very violent—you dropped the purse on the flags, with the silver.
Prisoner's Defence. I was in Whitechapel, and this man was very tipsy; he asked me where I was going; I said, "After some gin;" he said, "I want some beer, not gin; I have been drinking gin all the night;" he allowed me to take his arm, and we walked some distance, but could not get any beer; I then turned back, and had not gone far when I picked up the purse; the policeman came and said, "What have you got in your hand?" I said, "That is what I have got," and I gave it to him; in going along to the station, the prosecutor fell down, and the policeman picked him up; he did not want to go to the station; he only wanted his money.
WILLIAM CROKER (police-constable H 70.) I produce a certificate of the prisoner's former conviction—(read—Convicted 28th Jan. 1845, and confined six months, six weeks solitary)—the prisoner is the person.
GUILTY . Aged 32.— Transported for Ten Years.
THOMAS MORRIS . I am shopman to Alexander Wilson and Son, of Crawford-street. About twenty minutes after ten o'clock, on the night of the 20th of Sept., the prisoner came to the shop for a pair of clogs—I went up into the warehouse to get some—she had a pair—I received 1s. for them, and she left—I missed a pair of blucher boots, and went after her—I took the boots from under her apron, about twenty yards from the shop.
Prisoner. There was another girl with me; she took them; I did not. Witness. There was another girl with her; but I did not detain her—I found them on the prisoner—they are my master's
CHARLES DAVIS (police-constable D 96.) I produce a certificate of the prisoner's former conviction, which I got at this Court—(read—Convicted 4th March, 1844, and confined three months)—the prisoner is the person.
GUILTY .* Aged 19.— Transported for Seven Years.
WILLIAM FLETCHER . I lost my jacket from the barge—this is it—I missed it when the policeman came on board—I examined the rope that the policeman brought—it belonged to the master—I know it by this hook, and by its being broken.
WILLIAM TIMOTHY CLARK . I am a watchman of a yard. At nearly half-past ten o'clock at night, on the 23rd of Sept., I was going down the yard, and met the prisoner—I said, "Where are you going, and what have you got?"—he said, "Nothing"—he came up the yard with me, threw this rope down, pointed to the wall, and said, "I came over there"—I said, "I thought as much"—I took him out of the yard—he resisted, struck me in the face, and gave me a black eye—I called the police.
Prisoner. It is a foot-road; I saw the rope and took it up, and he stopped me; I did not show any fighting; he got hold of my handker-chief, and knocked me down. Witness. It is a private yard—the keys of it are in my possession—he begged of me to let him go, for the sake of his wife and family.
GUILTY . Aged 22.— Confined One Year.
2022. REBECCA COLEMAN was indicted for stealing 1 watch, value 3l.; 1 guard-chain, 16l.; 2 seals, 2l.; 2 watch-keys, 1l.; 2 sovereigns, and 1 half-sovereign; the goods of Alfred Gadsby, from his person.
MR. CHARNOCK conducted the Prosecution.
ALFRED GADSBY . I am a builder, and live in Lambeth-walk. On Thursday evening, the 9th of Oct., I came in company with the prisoner—I have no recollection of the place, but I am told it was at the Chan-cellor's Head—I had been dining out with my friends, and was not quite collected—I was standing at the bar of a public-house between nine ana ten o'clock—the prisoner passed, and made some sort of light expression, and I dare say I made some reply in a similar strain—she asked me to accompany her to her room, and being a little elevated, it is most likely I was inclined to be a little moral—I had with me a silver watch, a gold-chain,
two seals, two keys, two sovereigns, a half-sovereign, and between 20s. and 30s. in loose silver she took me to a house in Shire-lane, which I am told is No. 20—she asked me to treat her with some wine—we went to an up-stairs room, in which there was a bed—I do not know whether it was a front room—it was the room which I saw with the policeman next day—Mrs. White came into the room—I recollect they asked me to treat them, and I sent White for a pint of wine—I sent afterwards for another—White only left the room to get the wine—the prisoner did not touch me in any other way than to run the slide of my watch-chain to and fro—I said, "Don't rob me"—I should apprehend I left there about ten—I was there probably twenty minutes, not longer—I got to the Strand, and called a cab—I put my hand into my pocket to ask the man his fare to take me home, and all my money was gone—my watch, chain, seals, and all were gone—I told the police—I had not been in company with any other females—this is my watch, chain, and seals—I have no doubt I had this watch in my possession in that room, and the money also, I am confident—I paid for the wine with some loose silver I had in my pocket.
Cross-examined by MR. PAYNE. Q. Are you a member of a Society for the Suppression of Vice? A. Yes—I gave her a glass of brandy, and asked her to reclaim her life—I was standing up, and she was rubbing my watch-chain—very likely I might endeavour to reclaim her—I did not say I would marry her—I have not the slightest recollection of saying that I was a Lord, and worth 15,000l. a-year, and could produce my check-book—it is not likely that I said I was a Lord in disguise, and had been out I shooting all day—I had dined with some friends, and drank some sherry—I was drinking gin and water at the public-house when the prisoner came—I did not give her any money—I do not recollect that I went into a public-house after I left her—I know I did not go into a public-house and say I had lost my watch there—I did not charge any cabman with robbing me—I did not say the first time I was asked about it, that I gave the prisoner 2l. to redeem some clothes that she showed me the duplicates of—my object in going home with her was to see what sort of a den she lived in—I went just outside the house and called a cab, and then I missed my property—I live in Regent-street, Lambeth-walk, and have lived there fifteen years—I know Fleet-street, but I did not know what street I was in when I came from the prisoner—I got home at last with a cab—I said nothing and did nothing, that I am aware of, to reclaim the prisoner—I thought I would go and see what sort of a place it was—I might have talked to her about reclaiming her—I did not see or feel my watch taken—the prisoner, and I, and the landlady were in the room.
MR. CHARNOCK. Q. Did you represent that you were a member of "The Society for the Suppression of Vice?" A. No, but "a society"—it is merely a little society that we have had some time at Lambeth—I might say I was a member of the Society for the Suppression of Vice—I might have run on a little that I was a Lord, and could produce my check-book—I am ashamed of it.
JOHN DENNIS (police-constable F 46.) On the night of 9th Oct. I was on duty in Ship-yard, Temple-bar—I saw the prisoner and the prosecutor together, going towards the Strand—I know Mrs. White's, No. 20, Shire-lane—they were coming in a direction from there—I did not see them part within three minutes I saw the prisoner alone, running up Crown-court, close to Mrs. White's—after I had been round my beat again I met the
prosecutor at the bottom of Ship-yard in the Strand—he had a mob of people round him—he had called a cab, and they wanted him to pay for it—I went to Mrs. White's house about four o'clock in the morning, after the prisoner had been taken—I went to the room where the prosecutor said he had been—we searched and found this watch, the chain, the seals, and keys under the mattress—there was a female in the bed, whom I had seen go into the house half an hour before we searched it—we brought the watch to the station—the prisoner was not searched—she gave up 6s. 9d. which she had in her pocket—she was sober—the prosecutor was rather the worse for liquor.
Cross-examined. Q. Did he not tell you he had been robbed of his watch, but he did not know how? A. Yes—it was about eleven o'clock at night—I found the watch between four and five in the morning.
BENJAMIN BURTON (police-constable F 39.) I took the prisoner just before four o'clock in the morning—she was in the street—I had received information of the robbery, and told her what I took her for—she made no answer—I was present at the finding of the watch—the account which has been given is correct.
ANN WHITE . I am the wife of Charles White, of No. 20, Shire-lane—the prosecutor and prisoner came up as I was standing at the door on the night of the 9th of Oct.—they said they were going to treat me with a glass of wine—I said, "Very well"—the prosecutor asked if we had not a room where he could have a little conversation with the prisoner, as he intended marrying her, and he had had his eye on her for the last nine months—I had nothing to do with taking the watch from him.
Cross-examined. Q. When you went up, he again said he intended to marry her? A. Yes—he said he had an extra 15,000l. a-year added to his fortune, that he was a Lord in disguise, and had been out shooting all day—he was there from half an hour to three quarters—a young person who belongs to that room was in bed when the officer came.
COURT. Q. Had that other person ever been in the room with the prosecutor? A. No—the watch was found in the room the prisoner and the prosecutor had been in.
NOT GUILTY .
ABRAHAM ISAACS . I live in Rosemary-lane—the prisoner was in my service—she asked to go out on the 24th of Sept., and I missed three veils—the next day I spoke to her, and called in a policeman—she said she had pawned two veils in Ratcliffe Highway and destroyed the duplicates—these are two of my veils.
Prisoner. I pawned two of them, but he says there were three.
(The prisoner received a good character, and her brother promised to provide for her.)
GUILTY. Aged 17.—Recommended to mercy by the Prosecutor and Jury.
Confined Three Days.
REBECCA SRAGRAVE . About eight o'clock that evening the prisoner came to my shop and offered some lucifer matches—I suspected him, and went to my door—I saw him steal a small tart—I informed the officer, and he took him.
Prisoner. I went into the shop; I did not know whether they were playthings or not.
JOSEPH YEARP (police-constable T 38.) I produce a certificate of the prisoner's conviction from the Sessions House, Clerkenwell—(read—Convicted 12th Aug., 1845, confined one month, and whipped")—the prisoner is the boy.
GUILTY. Aged 10.— Judgment Respited.
(There was another indictment against the prisoner.)
2025. JOSEPH JACQUES the younger was indicted for stealing, on the 4th of Sept., 1 coat, value 1l.; 2 pairs of trowsers, 1l. 2s.; 2 waist-coats, 12s.; 1 watch-guard, 5s.; and 3 sovereigns; the property of John Thomas Harrison, in the dwelling-house of Joseph Jacques; to which he pleaded
GUILTY . Aged 29.— Confined Six Months.
2026. WILLIAM JONES was indicted for breaking and entering the dwelling-house of Samuel Rutter, at Ealing, on the 21st of Oct., and stealing therein 2 watches, value 6l. 5s.; and 1 watch-case, 10s., his property.
SAMUEL RUTTER . I am a watch-maker, and live at Old Brentford, in the parish of Ealing; it is my dwelling-house. On the 21st of Oct., between seven and eight o'clock in the evening, I received information—I looked at my window—I found it broken, and two watches had been stolen therefrom—I proceeded after the prisoner, and overtook him at the stone, which the watches were found within six inches of—I did not say anything to him; I waited for Mr. Ralph, to know if the prisoner was the person he saw at my window—he said yes—the prisoner was then watched, and an officer sent for—the watches were found within a quarter of a mile of my house—these are those I lost that evening, and I have the dial belonging to this case here—the window bad been quite whole before.
ELIZA RUTTER . I am the wife of Samuel Rutter. I saw the prisoner, about three o'clock that afternoon, standing at the window—I am sure he is the person—at a little after six in the evening I heard a noise at the window—I looked, and the watches were there safe.
HENRY RALPH . I am a surgeon. I was called to my door about six o'clock that evening—I saw the prisoner standing opposite the prosecutor's house—I took notice of him—I went out again in about a quarter
of an hour—I saw him then standing near Mr. Rutter's shop—I went into my surgery, went out again, and saw him there again—I came in, went out again, and saw him cross to the second house from Mr. Rutter's, which has been shut up for some time—he then went to Mr. Rutter's house—he stooped and put his hand up to the window, then turned and ran under a lamp, and made a stoop, as if to prevent something from falling—I went and found Mr. Rutter's window was broken—I entered and gave information—I went after the prisoner, who had been overtaken by Mr. Rutter—I am sure he is the person whose hand was up at the window.
GUILTY . Aged 17.— Transported for Ten Years.
GEORGE WILLATT . I am in the employ of Mr. James Bonnett; I carry on his business in his absence. On the 15th of Sept. I gave the prisoner, who was in his employ, a receipted bill for 3l. 16s. 3d., to go to Mr. Jarman, of Knightsbridge, for the money—I did not see him again till he was in custody.
Prisoner's Defence. I received the money, and in coming back met two young men, one of whom I knew; he treated me with ale; he asked me to have more, and when he came out he asked what money I had, and I told him; we went into another house; he treated me with a glass of rum and water; one of them went out and returned; they made me drink all the rum and water; when I came out I staggered, and when we came to Bond-street one of them went away, and the other followed him; I put my hand into my pocket, the 3l. 16s., and a little handkerchief, which it was wrapped in, was gone.
NOT GUILTY .
NEW COURT.—Thursday, Oct. 30th, 1845.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 28.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution.
PHILIP RAPHAEL . I am a tobacconist, and live in Leman-street, Whitechapel. The prisoner has been my shopman for the last ten years and had to carry samples round—he had 9s. a week, his board, and perquisites—he had no authority, either as perquisites or otherwise, to take any cigars—I always thought him trustworthy, but never allowed him behind my counter, or to take anything without my knowledge—he was given into custody on a Tuesday, about three weeks ago—it was his duty to be at my shop every morning at half-past seven o'clock, to open it.
FANNY HURLEY . I am maid of all work to Mr. Raphael. The prisoner did not sleep in the house—I saw him on his knees by the side of the large chest in which the cigars were kept, by the side of the shop door, one Monday morning, about a month ago—his right arm was in the box—I did not see what he did afterwards, or where he went to—I saw him again on the Tuesday morning, and again on the Wednesday, when my master called me up.
JOHN ARNOLD (police-constable H 203.) On a Monday, about a month ago, I received information from Mr. Raphael—on the Tuesday I dressed myself in plain clothes, and watched Mr. Raphael's shop—I saw the prisoner come there about half-past seven o'clock—I did not see him go away—I went again the following morning—I saw him go to the shop, and he came out again in ten minutes or a quarter of an hour—I followed him—he sometimes walked fast, and sometimes ran, till he got to Jane-street, Stepney—he went to No. 6—the door was opened by a little boy, and the prisoner went inside—I then went to the door and was let in—I was going to the back part of the house—I saw the prisoner open the door and run out—I followed—he saw me following—I did not stop him—he ran very fast—while he was running I saw him put his hand into hit pocket, take his handkerchief out, and I saw him take some cigars out, and throw them down on the ground in the street—I did not pick them up—I continued to follow him, but I could not catch him—I was about thirty yards from him when I saw him throw the cigars down—I passed the place—I am certain what he threw away were cigars—I was acquainted with him before—I called to him and said, "Stop, I want you"—that was all I said.
Cross-examined by MR. CLAKSON. Q. Is this the first time you have said you called to him? A. Yes—I had no reason to say so before—it never occurred to me to say it—I knew he was in the habit of returning after his breakfast, at eight o'clock—I knew he was in the habit of taking his break-fast at a coffee-shop—I knew his master had been to that shop, and found he had taken his breakfast that morning.
COURT. Q. Was it a coffee-shop that he went to? A. No.
ROBERT DEWS . I live at No. 6, Jane-street, Stepney. I had not known the prisoner before; but on that Wednesday morning he came to our house, about half-past seven o'clock—there was a knock at the door—I
went the same as I should to another person, and the prisoner was there—he asked me for 1s. which my father had borrowed of him—I let him into the passage, and told him to wait—I was going to my father, who was in bed at the time, and just as I got to the room door there was another knock came—I went to the door, and there was the constable—I did not see where the prisoner was then.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN JOSEPH DARKE . I am a clerk in the service of the London Dock Company. I was on the North Quay of the London Dock on the 3rd of Oct.—the prisoner is a labourer in the Dock—I saw him that day—he had a jacket under his left arm—I saw a bottle of brandy fall from it—I left it lying on the quay, and made a communication to my principal, who picked up the neck of the bottle, in my presence, within a minute, and I could smell that it was brandy.
WILLIAM CORBY . I am keeper of No. 3 Vault, London Docks. Darke came to me on the 3rd of Oct.—while he was communicating the circum-stance to me the prisoner came up—I accused him of having had the bottle in his possession—he said he had no bottle—I took him to his warehouse-keeper—he sent for an officer, and gave him in charge—I went with Darke, and picked up the neck of the bottle, and found it had contained brandy—there was a seal on the cork, with "P. H. Goddard and Co., Cork," on it—we had many bottles with that name on them stowed in the warehouse at that time—the prisoner had no access to that warehouse—he could have got there if he pleased, but he had no right there.
GEORGE DIX . I am a constable of the London Docks. I produce the cork and the neck of the bottle—I went on board a ship which the prisoner had just left—I saw some cases with bottles in them—I cut the cork off one of the bottles in the cases, and it corresponds with this cork—there was a deficiency of two bottles there—I likewise took a label off one of the bottles in the cases—I went to Mr. Corby, and took the label off the bottle that he had found the neck of, and they corresponded.
JOSEPH GARDNER . I am a ship-worker in the service of the London Dock Company. There was a vessel there with cases of brandy in—the prisoner came to work on board at eight o'clock that morning, and left at twelve, to go to lunch—he was taken a few minutes after twelve—the vessel is called the Claret—she was lying aside the North Quay.
Cross-examined by MR. PAYNE. Q. Where were you working? A. All over the ship, both on deck and below—the prisoner was one of eight men who were working in the ship—the cases were nailed down.
MR. BALLANTINE. Q. In what state did you find this case? A. It appeared to have been opened—one nail projected outside the case, as if it had been disturbed.
(The prisoner received a good character.)
GUILTY . Aged 44.— Confined Six Month.
EDWARD BURGESS (police-constable H 198.) On the 4th of Oct. I stopped the prisoner in Cable-street, Whitechapel, a little after six o'clock—I placed my hand on him, and he dropped something—I turned and saw another officer who was with me pick up these keys—I found on the prisoner this small hammer—I asked where be got these keys—he said he bought them at Mr. Barlow's shop—I took him there, and asked Mr. Barlow if he had bought them of him—he said he had not—I asked Mr. Barlow's sons if they had sold them to him—they said they had not—these picklocks were picked up by a butcher.
Cross-examined by MR. PAYNE. Q. When you had your hand on the prisoner he let the keys fall? A. Yes.
WILLIAM EDWARDS . I am in the service of Mr. Raynard, a butcher, in Cable-street—I saw the prisoner stopped in front of our shop by the policeman—I heard these skeletons, or picklocks, fall—some man picked them up and brought them to our shop-door—Mr. Barlow's son ran across and claimed them.
Cross-examined. Q. Did you see Gill pick up any keys? A. No—the prisoner was in custody of Burgess when I heard these picklocks drop in the crowd.
MR. PAYNE to SYLVANUS GILL. Q. How was it you did not pick up these picklocks? A. There was some yards distance between me and them—I only took up the keys, not these picklocks.
GEORGE BARLOW . I am a lock-smith and bell-hanger, and live in Cable-street—these keys are mine, and this hammer, and these picklocks—I had seen them safe in my shop that Saturday afternoon, between four and five o'clock—the prisoner has bought things at my shop window, and he has been in the shop.
Cross-examined. Q. Did you swear you did not know him? A. I know nothing of him, but he has bought several things of me—I suppose it is fifteen or sixteen months ago since he bought anything.
COURT. Q. Do you sell picklocks? A. No—if anybody had come and said, "I want that bunch of picklocks," I would not have sold them, nor have made a picklock for any body—I keep them for my own trade.
MR. PAYNE. Q. You sell old iron, do you not? A. No—I had gone out a little after four o'clock, and left a little boy, nine years old, in my premises—these picklocks were at the back of ray shop—I had these keys for use—I do not sell keys except a person brings in a lock to have a key fitted to it.
NOT GUILTY .
JOHN FLEMING . I live in Ratcliffe Highway, and am an optician—the prisoner lived with me about four years—on the 29th of Sept. he applied to me for half-a-crown—he said he wanted it for a material we use in our trade to polish glass—I gave him a sovereign to get change, and saw no more of him till he was in custody—he never brought me the sovereign or change.
Cross-exmained by MR. PAYNE. Q. When he was taken was he not working for Mr. Pilkington, of Pentonville? A. I heard he was—Pilkington is an optician—I have since heard that the prisoner's parents live at Liverpool—a friend of his family came to me on the 2nd of Oct. and said she came from Mrs. Matthews, his grandmother, to tell me that Joseph had lost the sovereign which had been entrusted to him, and he was in a miserable state of mind in consequence of it, but if I would look over it be would return and work it out by instalments—I said I would not forgive him, if he kept out of my way I would not seek him, but if he fell in my way I would take him—I know he was working for Mr. Pilkington, and that Mr. Pilkington knew about this, but the policeman had the case in hand for a week.
JAMES M'MICHIN (police-constable H 131.) I took the prisoner in Flower and Dean-street—he said he had been trying to get change for the sovereign, and had missed the sovereign at the last place he went to.
MR. PAYNE called
SARAH KIRBY . I am not an acquaintance of the prisoner's family, but merely a neighbour—I know his grandmother—on the 2nd of Oct. I saw the prisoner sitting on the step of a door—he told me he had lost this sovereign—I took him home to his grandmother, and then I went to his master—the prisoner got a place at Mr. Pilkington's on the Friday following, and I told Mr. Pilkington the whole circumstance.
NOT GUILTY .
MR. BODKIN conducted the Prosecution.
WILLIAM ROWBOTHAM . I am master of St. Giles's workhouse—the prisoner was employed there by the Board of the Directors of the Poor of St. Giles-in-the-Fields, and St. George, Bloomsbury, to fetch hair into the workhouse, to be picked—I found him in that situation when I went there in Sept., 1844—he was also intrusted with the collecting of the money when the hair had been picked—on the 18th of June, I gave the prisoner a note of the amount of the hair which I considered had been picked on Mr. Banford's account—this is the note I gave him—the quantity of hair stated on the note as picked was 261bs.—I made the entry in the book at the time I gave him the note, and he put his name to it in the book as being delivered by him—the reason I put 26lb. on the note was because 26lbs. was entered in the book by the prisoner when he brought it to me to sign—the note represents 54lbs.—that has been done since I saw it, in the prisoner's handwriting—on the 4th of July I gave him a similar note for 12lbs. of hair, coming to 9d.—that was on his representation that that was the quantity, and he signed the check part in the book—that note is now altered to 60lbs., coming to 3s. 9d.—the writing I believe is the prisoner's—on the 21st of July I gave him a note for 16lbs., the note is now altered to 341bs., and from 1s. to 2s. 1 1/2d., I believe in his writing—he has never accounted to me for either of these sums—it was his duty to account when he received the money—he was a pauper in the house—he had 3s. a month for this duty, and was boarded and clothed.
COURT. Q. Has he ever been called on to account? A. No, we keep an account with the tradespeople—it is not always convenient for them to pay.
JAMES BANFORD . I am a coach builder, and live in Tottenham-court-road—I was in the habit of sending hair by the prisoner to St. Giles's workhouse, to be picked—this note of the 18th of June charges me for having picked 541bs. of hair—I had sent that quantity to be picked—the prisoner brought back that quantity, and I paid him 3s. 4 1/2d. for it—on the 4th of July he brought me back 601bs. of hair which I had sent, and I paid him 3s. 9d. for it.
ROBERT BANFORD . I am brother to James Banford. I paid the prisoner, on the 21st of July, 2s. 1 1/2d. for picking 34lbs. weight of hair—he brought me that quantity, having taken it away first to pick—this is the note he brought.
COURT. Q. Whose property was the money? A. The governor and directors of the poor of St. Giles-in-the-Fields and St. George, Bloomsbury.
GUILTY . Aged 24.— Confined Six Months.
(There was another indictment against the prisoner.)
MR. CLARKSON conducted the Prosecution.
WILLIAM READY . I am in partnership with Mr. Brown. We are wholesale goldsmiths and jewellers, in Red Lion-street, Clerkenwell—the prisoner had been in our service for many years—he worked on our premises—the men work at a board which is put against the window—each man sits at a hole in that board, and has a skin in his lap, in which he puts his filings—their cuttings are always put on the board—the foreman goes round twice a day and takes up what we call the limmel, in an earthen pan—the men are all quite aware that they have no right to touch the filings—I had removed the prisoner from the lower to the upper room, where a man can be more readily observed, and watched than in the lower room, as it is under my immediate eye—on the 26th of Sept., about half-past twelve o'clock, I received information from Garrett—I went to the bench where the prisoner was at work—I desired George Taylor, my fore-man, to bring the prisoner's drawer from the work-board to the counting-house, and desired the prisoner to accompany me there—when we got into the counting-house, I ordered Taylor to open the prisoner's drawer, which he did in his presence—it contained these gold filings in a tin box belonging to the prisoner—the value of them is more than 3s.—they weigh one dwt. and a few grains—I know the work in which the prisoner was engaged—there can be no doubt that these filings are my property—it is contrary to known rules that any workman should take up his own filings—they should have remained in the skin for my foreman to take up—I accused the prisoner of stealing them—he said nothing—he did not deny it—I sent for the policeman, and gave him into custody.
Cross-examined by MR. MELLOR. Q. Do the men sit close to one another, so that every man must perceive what his neighbour is doing? A. Yes—each of the tables at which they sit contain two drawers—the top drawer holds their tools, and the lower one contains their work—I think from the time he first came he had been in our service about fifteen years, but he left for about two years, and returned again—we are particular in inquiring into the character of all our men—I have had occasion to suspect others—I have not removed others from the lower to the upper
room—I do not know that any men in our employ are in the habit of working for themselves when they are not employed by me, or at over-hours—I would not keep a man who did so if I knew it—the prisoner has always had the privilege of working over-hours—he has always had work—if the men had not work at our place it would not be allowed for them to work for themselves, or for others to employ them—I was present the first time the prisoner's house was searched—I then became aware of the fact that he did work for himself—there was a workshop there, and all the means and appliances of the trade—I would not continue a man in my service if he disobeyed my standing rules—few men are closer to the work-men than I am—I am there from eight o'clock in the morning until five or six o'clock at night—my foreman collects the gold—I do not know that he is assisted by the workmen—he has never been out of the way—I never knew him to lose a day—if he did not do it the duty would devolve upon me—I should not trust anybody else to do it—the foreman gives the gold out to the men.
COURT. Q. What wages had the prisoner? A. 30s. a week, with the privilege of making two days' work in the week by working over-hours—our days on Saturdays are eight hours, and other days ten hours—it is the duty of the foreman to weigh out the gold to each person—we cannot take any account of the difference of the weight of the manufactured article and the gold given out.
MR. CLARKSON. Q. Do the servants know that it is one of the rules of your establishment that they shall not work at home? A. It is a general rule in the trade—no master would tolerate a man to do it—the prisoner might come earlier in the morning, or work later at night—he might make ten or twenty hours more in a week—his wages were 6d. an hour—the skins are quite concealed under the tables, in the men's laps.
JOHN GREIVE . I have been in the prosecutor's service for many years. My seat was next to the prisoner's—on the 26th of Sept., about noon, I saw the prisoner sweep up the gold filings in his skin with a hare's-foot, put it into a tin box, and put it into his bottom drawer—I thought fit to watch him—after he had done that he went on with his work—I knew that what he had done was against the rules altogether—Garratt went to communicate it to my master, and in a few minutes Taylor and my master came, and the drawer was taken out—I did not go into the counting-house—I afterwards saw the filings—they were filings of such gold as the prisoner was at work on—there is a pin comes to the table, and a skin under it, and as the man files the filings fall into the skin.
COURT. Q. How did he hold the tin box? A. With his left hand.
Cross-examined. Q. How long have you been in the prosecutor's service? A. Four years—there were about thirty-eight men working in that shop—the prisoner worked about the fourth board up—it was hardly possible to see what he was doing—the workmen can see each other's faces—I do not recollect any instance when the foreman was ill or out of the way—I never knew any of the men assist in collecting the gold—I know the prosecutors have made charges against other parties in the establishment—the clippings do not fall into the skin—the filings do—I could see to find anything in the skin by daylight—if I lost a small rose diamond I should have to look into the skin for it.
MR. CLARKSON. Q. You did not know any men charged with respect to these filings? A. No—Mr. Eady always discharged them before this.
RICHARD GARRETT . I have been in the prosecutor's employ for thirteen or fourteen years. I worked at the next board to the prisoner's—the corner at which I work enabled me to have a very good sight of the prisoner—on the 26th of Sept., about half-past twelve o'clock, I saw him apply a small tin box to his gold filings, and put them into his drawer—I made my employer acquainted with it.
GEORGE TAYLOR . I am foreman to the prosecutor. On the 26th of Sept., about half-past twelve o'clock, by his direction, I went to the bench where the prisoner worked, and took his drawer into the counting-house—I was followed by the prisoner and by my employer—the drawer was opened—I found in it a small round tin box, with gold filings in it—it was produced before the prisoner, and my master accused him of having taken that gold—the prisoner said nothing.
Cross-examined. Q. Who was present in the shop when this took place? A. All the men were present—there were three more men at work at the table where the prisoner was—there were eight tables in the room, and four men at each—there were thirty-two men in the room, if not mere—I do not know that certain of the workmen have been charged with dishonesty—my master has suspected parties before.
GUILTY. Aged 43.—Recommended to mercy.
2037. JOHN BEWES was again indicted for stealing 5 metal patterns for rings, value 4s.; 15dwts. 18 gr. weight of gold enamelled turnings, 3s. 6d.; loz. 3dwts. of gold filings, 2l. 15d.; and 2dwts. of gold-dust sweepings, 6d.; the goods of William Eady, his master; to which he pleaded
GUILTY . Aged 43.— Confined One Year.
NEW COURT.—Friday, Oct. 31st, 1845.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 14.— Confined One Month, and Whipped.
GUILTY . Aged 28.— Confined Two Years.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ELIZABETH MORTON . I am the daughter of Thomas Morton. I live with my cousin George Morton, who keeps the Fitzroy Arms, Clipstone-street—the prisoner came there on the 12th of Sept., about three o'clock in the afternoon, for a pint of porter, which came to 2d.—he put down a bad half-crown to pay for it, and I told him I thought it was bad—he did not say anything—I called my cousin—the policeman has the half-crown.
the prisoner it was bad—he said if I gave it him back he would give me another, he had taken it from a gentleman in Holborn—I refused, but cut it in two, and gave the pieces to Tooms.
WILLIAM TOOMS (police-constable E 150.) I took the prisoner, and received these two pieces of coin from Mr. Morton—I took the prisoner to the station, and searched and found on him a good half-crown and two halfpence, and, rolled up in a piece of paper in his waistcoat-pocket, a bad shilling—on my finding that he said, "Dear, dear, you have found another piece"—I had not remarked anything on finding that shilling in paper—I took several pieces of paper from his pocket.
COURT. Q. Have you not before given a further account of what the prisoner said? A. He said, "You have found another piece," and he said he did not know that he had got it then in his pocket.
MR. BODKIN. Q. You took other pieces of paper from him, were they the same as this in which this shilling was? A. No, some were larger, some smaller—they were in the same pocket as this shilling—the good half-crown was in his trowsers pocket—that was returned to him by order of the Magistrate.
MR. JOHN FIELD . I am inspector of coin to the Royal Mint. These shillings are both counterfeit; wrapping such coin as this in soft paper, prevents the silver being rubbed off it—these are made of Britannia metal, and silvered over—rubbing against other coin would rub the silver off, and it would look black.
Prisoner's Defence. I was with a man and woman in Drury-lane the night before; I had about 9s. in my pocket; we were drinking, and the woman asked me to stand some more porter; I took a shilling out of my pocket to pay for it, and gave it them; the woman said, I should not go to the expense of it, and the man came back and gave me the shilling again; in the morning I went to Holborn, and sold a man a pair of braces for 6d.; he gave me half-a-crown, and I gave him 2s.; I then had two half-crowns in my pocket and 1d.; I did not know there was a farthing in my waistcoat-pocket.
COURT to GEORGE MORTON. Q. What was it the prisoner said? A. He told me had taken it from a gentleman in Holborn, and if I would return it he would get the gentleman to change it—I said I would go with him—he then said he perhaps should not see the gentleman for a week—he had no braces with him—he had been selling something, but I understood vegetables—when I gave him in charge he said he did not live in London, he had been in the country three weeks.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
ARTHUR TUSSEY . I am shopman to Mr. Marshall, a tea-dealer in the Strand. On the 11th of Oct., about eight o'clock, the prisoner came for an ounce of tea, and half a pound of sugar, which came to 6d.—she laid down a half-crown—I gave her 2s. in change, and she went away immediately—on taking up the half-crown to put it into the till, I noticed it was bad—I left it with the foreman—I followed and stopped her—I said to her, "You have given me a bad half-crown"—she said, "I hope I have not;
it is all the money I have in the world; I have got two children"—this is the half-crown.
JOHN SMITH . I am the son of Edward Smith, a tailor. On the 11th of Oct. I saw the prisoner, about a quarter past eight o'clock, near Duncan-street, in the Strand—she ran—Mr. Frazer stopped her—he touched her on the shoulder, and was turning round—I saw her take her hand from her breast, and chuck something down an area—I looked, but could not see anything—I told Weaver, the policeman.
Prisoner. Q. Do you mean to say that I put my hand into my bosom? A. You had your right hand up to your bosom, and took it out—in turning round, Mr. Frazer took you by the left hand, and you threw them down with your right.
DAVID WEAVER (police-constable F 28.) Smith told me something about an area where the prisoner was—in consequence of that a search was made, and one sixpence was found in the area No. 450, Strand, and another sixpence in the adjoining area.
ALEXANDER FRAZER . I stopped the prisoner—I touched her on the right shoulder, and she turned round—I did not see her throw anything away—she was not impeded by me in any manner so that she could not have the use of her right hand.
MR. JOHN FIELD . This half-crown is counterfeit, and both these six-pences are counterfeit—I think the sixpences are of the same date, but they are so mutilated I cannot tell—they have been in some person's mouth, and bitten very much.
Prisoner's Defence. The statement of Smith is false; he asked what I was taken for, and then, two hours afterwards, they brought him up, and he said this.
DAVID WEAVER re-examined. No; he came to me as soon as the prisoner was taken, and said he had seen her throw something down one of two areas, he could not say which—he took me to the area, and showed it me—he said it was something white, he could not tell what—I never saw him before that I know of.
GUILTY . Aged 42.— Confined Six Months.
2042. JOHN WILLIAMS was indicted for stealing 1 breast-pin, value 10s.; 2 rings, 1l.; 1 sextant, 13l.; and 3 silver coins, 3s.; the goods of John Colford: and 1 coat, value 10s.; and 1 jacket, 1l.; the goods of Daniel Pluck; in a vessel in a certain port of entry and discharge.
JOHN COLFORD . I am master of the barque Jane Lockhart; on the 7th of June she was in the West India Dock. On the morning of the 8th of June I was sent for—I went on board, and found all the locks belonging to me were broken, except one, and my clothes strewed about—I
missed a pocket-sextant, a gold pin, two rings, an American half-dollar, and two other coins.
DANIEL PLUCK . I was mate of that vessel. I went on board a little after seven o'clock on the morning of the 8th of June—the door of the companion had been fastened with lashing and bolts—the lashing had been cut, and the bolts wrenched—the captain's berth was open, and the door-post had been cut with some instrument—the Venetian blinds had been partly cut, sufficient to admit a man, and the clothes were all lying about—I missed my coat and jacket—I found a bottle with brandy in it on the table, a tumbler, and wine-glass—this is my coat and jacket that I lost that night—I know this jacket by this patch put on it, and this is my pilot-coat—they were on the pillow in my berth on the night of the 7th, and were gone on the 8th.
OLIVER THOMPSON . I am in the service of Mr. Thompson, pawn-broker, King's-place, Commercial-road. This coat was pawned on the 14th of June for 7s., and the jacket on the 18th of June for 6s., by a woman.
CAROLINE SMITH . I live in Lower King-street, Commercial-road. I pawned both these articles—I had them from the prisoner—he was living with me—I could not say when I got possession of them—I do not think I had had the jacket more than a day or two before I pawned it—he gave them me in my own room—I do not recollect seeing the jacket on his back but once, and that was when he told me he had bought it.
JOSEPH MONTAGUE . I am a constable of the East and West India Dock—I went to Caroline Smith's, in King-street, on the 19th of July—I found there this sextant, one gold ring, a pair of pistols, and some duplicates—the prisoner was then confined on some other charge—I went and apprehended him at Clerkenwell prison on the 16th of Sept.—he said he thought I apprehended him for breaking open the Jane Lockhart—I said, yes, I did—he said he thought he had been in prison for that—I said, "No, you have not, I have found part of the property since you have been in prison."
Prisoner. I bought the duplicate of a young man, and gave him the money to redeem the articles; he had pledged them.
GUILTY .** Aged 24.— Transported for Ten Years.
WILLIAM WELSH . I live in Chapel-street, New-road—on the 20th of Sept. I saw the prisoner in Church-lane, Kensington, coming out of Mr. Salmon's premises, with a plank on his shoulder, drunk and staggering—I thought he would have fallen with it—I asked what he was going to do with it—he said it was lent him, and he was going up to Bayswater—I went to the George public-house and called Simpson—he and I went about a quarter of a mile—we found the prisoner with the plank and brought him back.
Cross-examined by MR. O'BRIEN. Q. What is Simpson? A. One of the labourers on the estate—I did not give the prisoner in charge—I know now that he lives in Camden-place, Bayswater—he was taking this plank
in the direction, towards his own residence—he was very drunk—I did not know him when I first accosted him, but when I went to him the second time I knew him as having been working there.
GEORGE SIMPSON . I am in the employ of the Union Building Company—I was in the George public-house when Welsh fetched me—I saw the prisoner carrying this plank up the road—we have a good many on the ground—it belongs to my master, Mr. Salmon, who looks after all the buildings—a part of the plank the prisoner was carrying is here.
Cross-examined. Q. What has become of the rest? A. I do not know—I cannot swear to this—the prisoner worked there—I do not know whether he had worked there that day—we had a good many planks of this description—this has been out of my custody.
JOHN SALMON . I am a builder—here are two marks on this deal board—they are the country marks—I have such planks on the premises—here is a red chalk mark which is the mark of the Docks—the prisoner was employed on that estate by the sub-contractor for scaffolds which are to be erected on the premises—I cannot positively swear that this plank belongs to me, or was on the premises, but it bears the mark of those I have—I have not the least doubt it is one of mine—it was in my care, and I have to account for it—the whole fifteen feet of deal was taken back to the yard—it was cut in my presence in the police-office yard.
WILLIAM BROWN (police-constable T 172.) I took the prisoner the next morning—he was not drunk then—he said he knew nothing about it—I got the part of the plank which I have brought here on the ground of the Union Building Company—it had been taken back before it was delivered to me—I received it from Simpson.
NOT GUILTY .
2044. SARAH COUZENS was indicted for stealing 1 shirt, value 7s.; 1 shift, 6s.; 1 table-napkin, 2s. 6d.; 1 pocket, 6d.; 1 petticoat body, 6d.; and 1 pair of stockings, 6d.; the goods of Jane Isaacson, her mistress.
JAKE ISAACSON . I am a widow, and live in Carlile-street, Marylebone. The prisoner worked for me for six months—on the 2nd of Oct. I noticed some napkins in the laundry under a table—I spoke to the prisoner about it—I called a policeman, and went with him and the prisoner to her lodging—I saw the policeman find in her room a linen shirt, a shift, and a table-napkin—they were articles I had been employed to wash—they were under my charge.
Cross-examined by MR. DOANE. Q. You had employed her about six months? A. Yes—she might not have taken these to her own place to wash—she was not ill—she came to my place on the Tuesday, and washed, and came again on the Wednesday—no woman ever takes things out of my place to wash.
Cross-examined. Q. Do you know this pocket? A. Yes, I know it without any doubt.
(The prisoner received a pood character.)
GUILTY . Aged 21.—Recommended to mercy by the Jury— Confined One
2045. GEORGE SUTTON, BARNABAS DUNN , and JOHN PROBERT , were indicted for stealing 3 caps and bases for iron pillars, value 12s.; and 114lbs. weight of iron, 12s.; the goods of Willian Catling and another; and NEWMAN LONG , for feloniously receiving the same, well knowing them to have been stolen.
THOMAS WITHERS (police-constable N 211.) On the 23rd of Sept. I saw Sutton, Dunn, and Probert, in Frog-lane, Islington—there was another person with them, who is not in custody—they were each carrying something heavy on their heads—I know Long—he keeps a marine-store dealer's shop in Frog-lane—I saw Dunn, Probert, and the one who is not in custody, go into Long's shop—I stopped Sutton in Greenman's-lane—he had these two pieces of iron on his head—I took him into Long's shop—I saw Dunn, Probert, and the other, in the shop—I asked Long what he had bought of those boys—he took from under his counter a broken piece of iron, and said, "I bought this of them"—I said, "There must have been more than that"—he said, "Yes"—the boys then made their escape out of the back door or the side door—I said to Long, "You had better go and try to get these boys back, it will look better for you"—he went out, and brought in Dunn—I then told Long he must go to the station-house, and assist me in taking the iron there—he did so—I asked if that was all—he said, "Yes;" but'at the station-house I told him I thought there was a great deal more—he said yes, there was more, he had bought a lot of them before—we went back again, and got six more pieces.
Cross-examined by MR. PAYNE. Q. Long rendered you all the assistance he could? A. Yes, when he was called upon—when I said to him in the shop, "Is this all?" he might suppose that that applied to what he bought of them at that time—he said he thought they were clean, decent looking boys—I suppose Long has been in his shop about two months.
HENRY VANDERVLIET . I work occasionally for Mr. William Catling and David Catling. This iron is their property—I can swear to part of it, and the other, I have a strong belief, is theirs—it was in a kind of shed in a field about five minutes walk from Frog-lane—this is all the iron there was there—they are useful—Messrs. Catlings have the pillars belonging to these things.
Cross-examined. Q. These things were not in use at that time? A. They were not—they are rusty—I do not know what they are worth for old iron.
Sutton's Defence. We were in the Lower-road about eight o'clock, and the boy who made his escape came and said, "Will you come down to the field with me?" we all three went, and he said he would give us 2d. a-piece; he put two pieces of iron upon our heads and said, "Walk on, I will catch you;" we went on; he said he found them in a load of rubbish.
Dunn's Defence. We met a boy who said, "Come along with me;" we went down a field, and about half a yard from some scaffolding he found this iron; he put it on our heads and said, "Go along, I will catch you."
Probert's Defence. I was walking up the road home, and a boy came and said, "Come along with me," and he put some iron upon our heads; he told us to walk on; we went to the marine store shop, and he told us to stop there.
THOMAS WITHERS re-examined. Q. How old was the boy who made his escape? A. He was not so big as some of the prisoners—he might be older—he is about fourteen years old—his name is John Jeffries, but he is generally called Dutchy Jeffries—Long said he was asking them about this second lot when I went in, and it was produced from under the counter.
(Long received a good character.)
SUTTON— GUILTY . Aged 15.
DUNN— GUILTY . Aged 12.
PROBERT— GUILTY . Aged 13.
Confined One Month.
LONG— GUILTY.—Recommended to mercy by the Jury.
Confined Six Months.
RICHARD CHARLES . I am a clothier, and deal in jewellery. I life at Knightsbridge—the prisoner was one of my assistants—I lost a watch on the 1st of Sept.—on the 13th of Sept. I sent for an officer and apprehended the prisoner—a watch was found upon him, but not the one I lost on the 1st of Sept.—a duplicate was found upon him—I went to the pawnbroker's and found this watch, which I had missed on the 1st of Sept.
Cross-examined by MR. BALLANTINE. Q. Might he not have taken it to use? A. Yes, I was particular about his time of returning home at night—he might have taken it to keep time with.
JAMES SKELTON (police-sergeant B 4.) I was called in and found a duplicate on the prisoner—this is it—this led me to Mr. Lamb, a pawnbroker in Sloane-street, where I found this watch—Mr. Lamb is not here—the young man who took in the pledge appeared at the first hearing; but afterwards he left Mr. Lamb, who gave up the watch, and gave me up the other duplicate which they had kept—the duplicate I found on the prisoner is for a silver watch, pawned on the 1st of Sept. for 15s. in the name of John Jones—I took the prosecutor to identify this watch, which was produced on my producing the duplicate.
NOT GUILTY .
RICHARD CHARLES . I had the prisoner apprehended on the 13th of Sept.—this watch was found in his possession—it is mine—I had not lent it to the prisoner—I also found this ring in his pocket—it is mine—I had not lent it to him—I sell clothes and jewellery.
Cross-examined by MR. BALLANTINE. Q. What are these stones in this ring? A. Garnets—I am perfectly sure it is mine—I do not know that he has been wearing these things, and then returning them—he might have taken the watch to see the time; but not to my knowledge—it had no ribbon on when I lost it; but it had when I found it on the prisoner—I
did not notice whether it was going—he was wearing it in his trowsers pocket, not in his fob.
Prisoner. I took it on the Saturday, with intent of replacing it on the Monday. Witness. He intimated as much at the police-office—he also said he took the ring for a customer, and it was his intention to pay for it on Monday morning.
COURT. Q. Do you allow your servants to take things to wear? A. No—I think he might have taken the watch to make a display on the Sunday, and the ring he might have sold, and paid for on the Monday.
NOT GUILTY .
THIRD COURT, Saturday, Nov. 1, 1845.
Third Jury, before Edward Bullock, Esq.
JOHN WORDSWORTH ROBSON . I am an artist, and live at Wapping-Wall. The prisoner came into my service about fifteen weeks before my wife's death, which was on the 24th Sept., and continued so since—I missed some articles after my wife's death, and spoke to the prisoner about it—she offered to swear on the Bible that she had not made away with any of my property—on the 10th of Oct. I went to Mr. Williams, a pawnbroker in New Gravel-lane, and there found this shift and petticoat, and a pair of shoes, which are mine—I gave her into custody.
Prisoner. The shoes are mine, and the other things I was ordered to pledge by his wife. Witness. I bought the shoes myself for my wife, and am sure of them—a quantity of property was pawned before my wife's death, which I have not indicted her for; but these were pledged on the 9th of Oct., and my wife died on the 24th of Sept.
Prisoner. When she laid ill she had not necessaries, and wished me to pawn her things; I did, and gave her the money and tickets; two days before she died, she called her husband to her and gave him the duplicates; the shoes are mine.
GUILTY . Aged 42.— Confined Three Months.
(There was another indictment against the prisoner.)
CHARLES KETTERINGHAM . I am a dairyman, and live in John's-place, Marlborough-road, Chelsea. The prisoner was in my service about seven weeks—it was her duty to serve customers, receive money, and account to me at night—I call the accounts over every evening—she paid me no money
from Mr. Evans or Mr. Cripps, who are customers of mine, on the 3rd, 6th, 8tb, or 10th of Oct.—she told me they had not paid.
Prisoner. I acknowledged receiving 3s., and 1s. 9d.; I lost it, and offered to pay him; but he said he would sooner lock me up.
Prisoner. Q. You gave me 1s. 9d. on the Monday? A. No, I paid it as I have said.
CHALES KETERINGHAM re-examined. She never accounted to me for these sums—she never told me she had received them or lost them—I spoke to her about it after I had found out a great many more, and she denied ever having received it.
GUILTY . Aged 26.— Confined Three Months.
2050. WILLIAM CLARK was indicted for stealing, on the 17th of Oct., 4 petticoats, value 2s.; and 1 pair of bellows, value 6d.; the goods of Mary Evans: and 1 handkerchief, 1s.; and 1 waiscoat, 2s.; the goods of Joseph Taylor.
JOSEPH TAYLOR . I live in Charles-street, Drury-lane. On Wednesday night, the 15th of Oct., I went to bed between twelve and one o'clock—I observed that the window was shut down—I had a waistcoat and blue handkerchief with white spots, which I took off and placed on a chair in the room—I had a coin in my waistcoat pocket—I missed them next morning, and two petticoats which I had seen in the room over-night—I did not notice the window in the morning—on the following night, when I went home, the prisoner was on the stairs—after I had got into bed I observed the prisoner's hand through the pane of glass, trying to push the button back—I went out into the yard, and caught him—I said, "I suppose you are the person that came last night and took my things away?"—he said he had come into the yard with some woman, that he had given given her 1s., and did not know where she was gone to—I sent for a constable, and gave him into custody—he pulled a coin out of his waistcoat pocket, and said that was the only piece of money he had about him—it was the coin I had lost on the previous night—it was in the waistcoat, which I also lost—the prisoner said he had had it in his possession a long time—I am sure I had it the night before—the window is near the ground.
Prisoner. Q. Are there not prostitutes living in your house? A. Yes; the woman I live with goes out of a night.
THOMAS TICKNER (policeman.) A little after one o'clock on Friday morning, the 17th of Oct., I was called to this house, and in the back room found Taylor and the prisoner—Taylor gave him into custody for making an attempt to open his window, and he believed he was the man that had stolen his things the night before—the prisoner said he was going in after a young woman he had given a shilling to, and who had gone away, and he was determined to get where she was—he said he knew nothing
at all about the night before, for he was at Blackwall the night before till one o'clock—he pulled a coin out of his pocket, and said that was all the money he had about him—the prosecutor said, "I lost a piece of coin in my pocket; if that is mine it has a cross on one side and a diamond on the other"—he described it before he saw it—I showed it to him, and he directly said it was his—the prisoner said he had had it in his possession a long time—he said at the station that he found it on removing some goods from the Duke of Buccleugh's—I asked him where he lived—he said with Mrs. Hamilton, in Charles-street—I went there, and into a room at No. 25—I went back, and asked the prisoner if that was the number of his room—he said yes—I there found this pair of bellows.
MARY EVANS . I am single, and live at this place with the prosecutor. I know these bellows; they are the property of my landlady, and were let to me with the room—I had the use and care of them—I missed two petticoats—I have never seen them again—I know this piece of coin—it was mine, and I gave it to Taylor.
JOSEPH TAYLOR re-examined. This is the coin I lost in my waistcoat pocket on the night in question—it has a cross stamped on one side, and a diamond on the other, and there is some Latin round it—I do not know what coin it is—I had only had it a week—I have not seen the handker-chief since.
Prisoner's Defence. On Wednesday, the 15th, I had been working twenty hours for Mr. Underwood, at the General Steam Office; it was half-past one o'clock when I came into Holborn; I went to bed; next morning, on coming down stairs, a middle-aged woman, who I should know again, asked roe to purchase the bellows; she appeared in distress; I gave her 4d. for them, and placed them where they were found; after work in the evening I went to my club, and stopped there drinking till twelve; I met a young woman, who said she lived in this back parlour; I gave her 1s.; I was very drunk; she left me in the yard; I could not find her, and went to the window and shook it.
GUILTY . Aged 32.— Confined Three Months.
WILLIAM BINFIELD . I am a carpenter, and live in Gregory-street, Pimlico. On Friday evening, the 15th of Oct., I left my work, in the King's-road—I locked my box containing my tools, and left it there—I had a saw in it—next morning, at six o'clock, I went to the place—the box was still there, but the lid had been forced open—I do not know whether the saw was there then or not, for I had no occasion to use it—on the Monday morning I wanted it, and found it was gone—I questioned the men about it—I went to Preddy's beer-house on the Wednesday after, and saw it in his possession—this now produced is it—it has my name on it—in consequence of what I heard, I gave the prisoner into custody next rooming—I told him what it was for—he said he knew nothing about it—he was at work on the same premises.
Prisoner. Q. Did not I tell you I found the ticket of the saw, and sold
it to Preddy? A. Yes—I inquired of you, as well as all the men, about the saw, and you said you knew nothing about it.
THOMAS PREDDY . I keep the Prince of Wales beer-shop, in Middle-street, Brompton. On Sunday, the 9th of Oct., the prisoner came to me, and sold me the ticket of a saw, pledged at Mr. Grant's, at Knightsbridge—I went with it there next day, and got this saw, which the prosecutor has identified.
Prisoner's Defence. I picked up the ticket of the saw, with another, on the premises, as I was going to work on Friday morning; a man named Regan was with me, and I said to him, "Here are some tickets, I wonder who they belong to;" I inquired among all the men, and they knew nothing of them; they could not make them out; the prosecutor was in the way when I inquired; I gave one up to the man I am employed for.
THOMAS PREDDY re-examined. I do not remember the name the taw was pledged in—I did not ask the pawnbroker anything about the saw—I merely laid down the ticket, and they produced the saw—the prisoner did tell me how he came by the duplicate—he said the saw cost 7s. 6d.; that it was a good one, and as bright as silver.
ROBERT M'KENZIE (policeman.) I produce a certificate of the prisoner's former conviction, from Mr. Clark's office—(read—Convicted on the 12th of June, 1843, of larceny, having been before convicted; confined six months)—I was present at the trial—he is the person.
GUILTY . Aged 53.— Transported for Seven Years.
WILLIAM TAGG . I live in Charles-street, Kensington. On Wednesday, the 15th of Oct., I was at work in Mr. Clutterbuck's brickfield, in Notting-place, and hung my jacket, containing a penknife and pocket-book, on a hurdle—in about three hours I went to it, and missed my knife and pocket-book, which contained a great many papers and memorandums—this produced is it—I have not seen the knife since—I had seen the prisoner playing about there that afternoon with other boys.
JAMES DOBLEY . I am ten years old, and live with my parents, at Kensington. I was at play in Mr. Clutterbuck's brickfield on the Wednesday afternoon, and saw the prisoner take the jacket off the hurdle, feel in the pockets, and take out a pocket-book and knife—he ran away, and opened it.
GEORGE DUNBAR (policeman.) I took the prisoner into custody next morning—as we were going to the station, the pocket-book was picked up by a child, and handed to me—the prisoner said he had taken the pocket-book and penknife; that he had thrown the pocket-book away, and the knife he had sold for a baked potato.
of larceny; confined one month, and whipped)—I was present at the trial—he is the boy.
GUILTY . Aged 10.— Confined Six Months.
MARY MURPHY . I am a widow, and live in Princes-street, Ratcliff-highway. I take in needle-work—the prisoner worked for me thirteen or fourteen months ago—one Saturday in Oct. last year, I cannot say what day, I came home, found my door burst open, and missed this pair of trowsers—they were safe when I went out about one or two o'clock in the day—I had locked my door, and taken the key in my pocket—in consequence of something I heard I spoke to the prisoner about it in the morning, and said, "Betsy, these trowsers have been taken away from me, if you know anything about it tell me, and I will not mention it to anybody; go and help to get them out of pawn if you have pawned them"—she strongly denied knowing anything about them—I saw her again in the afternoon—I had then heard she had taken the trowsers—I said, "Betsy, will you come to work in the morning?"—she said, "Yes I will," but she did not come—I said nothing to her about the trowsers then—I did not see her for a long time after that—I met her, and said, "Betsy, you have taken my trowsers"—she said, "I did"—I said, "Did you burst open the door?"—she said she did, but the lock was bad, and the knew it was off the lock—I let her go then—I met her about two months afterwards and said, "Betsy, you promised to send me the trowsers"—she said, "I will send them," and she gave me 6d. which she owed for lodging-money—she went away that time, and there was no policeman by—I met her again, took her to give her some beer, and while she was drinking it I went out to get a policeman, but she was off before I returned—I saw her no more until I gave her in charge about a fortnight ago—I did not know where to find her—these are the trowsers—they belong to Mr. Brotherton, who keeps a warehouse—I made them for him, and am answerable for them—my money has been stopped for them.
Prisoner. Q. Did not you give me four pairs of trowsers that day to pledge? A. No—I was not drinking with you all day at Mr. Skipper's—I did not send you for two pairs of trowsers, nor did you bring these and say, "Here is one pair"—I did not break my door open myself by going home tipsy one Sunday morning—I did shove in the panel one Sunday evening, because you had taken the key—you did not pay me 6d. off the trowsers—I did not go to your mother's place to inquire after you—I knew where your mother lived, but you did not live with her—you lived with a man—the trowsers do not belong to Mr. Early, of Houndsditch.
SARAH BARKER . I live at No. 13, Glasshouse-street, in the same house as Mrs. Murphy. She lives above me—the prisoner used to work there for her, and live there too—one Saturday in Oct., last year, the prisoner and Mrs. Murphy had been out drinking pretty well all day—between five and six o'clock the prisoner came home, and said Mrs. Murphy had told her to pledge two pairs of trowsers to pay her and others—she had something under her apron—I do not know what it was—Mrs. Murphy was in the habit of sending her to do such things, and I took no notice—Mrs. Murphy came home about one o'clock, very much intoxicated—she
complained next morning of the loss of the trowsers—as for the prisoner's breaking open the door, I believe it to be false.
Witnesses for the Defence.
SOPHIA ANDERSON . Mrs. Murphy came to my house and asked for the prisoner—she did not live with me, but with her mother, who is a neighbour of mine—she said the prisoner had taken a pair of trowsers, but she had received half the money for them—the prisoner came in soon after, and Mrs. Murphy asked her for the other 6d.—she said she was out of work that day, but was going to work next morning, and would give her 6d.—Mrs. Murphy then took her out to give her a pint of ale, and the prisoner returned in half an hour.
NOT GUILTY .
WILLIAM NORRIS . I live in Arbour-terrace, Commercial-road. On Saturday night, about a quarter past eight o'clock, I stopped to look at some plaster of Paris medallions in Whitechapel-road—while looking, I felt a slight touch at my coat pocket—I turned round, put my hand into my pocket, and missed my handkerchief, which had been safe between three and five minutes before—I saw the prisoner standing close behind me—I saw him take his hand from behind me, and put my handkerchief into the bib of an apron he had on—I collared him—he said he had not got it—it was picked up, and given to me—the prisoner ran away—I ran after him, and caught him—he jerked me off, and ran away again, and ran into a policeman's arm—this is my handkerchief.
JOSEPH CANEVALLI . I am a glass-cutter. I was coming along Whitechapel-road on Saturday evening, about half-past eight o'clock—the prosecutor came up to the prisoner, add wanted his handkerchief of him—he said he had not got it—I saw him take it out of the bib of his apron, and drop it behind him—a stranger picked it up—I saw the prisoner run away, and Norris after him—I ran too.
SAMUEL COTTON (policemen.) On this Saturday night I was in Charlotte-street—the prisoner came running down the street, and I stopped him—the prosecutor came up, and charged him with stealing his handkerchief—he made no reply.
Prisoner's Defence. I did not steal it, it was picked up eight or ten yards behind me; I had just stopped to look at a man who was selling some things; when the gentleman turned round I had my hands in my pocket.
name of John Griffiths, of larceny; from the person, and confined six months)—I was present at the trial—the prisoner is the person so convicted.
GUILTY . Aged 19.— Transported for Ten Years.
2055. WALTER KING was indicted for stealing, on the 1st of Oct., at St. James's, Westminster, 1 engraving and frame, value 10l., the goods of Pietro Pizzala, in his dwelling-house; and that he had been before convicted of felony.
MARTIN MURRAY . I am a sculptor, and partially employed for Mr. Pietro Pizzala, who is also a sculptor, and dealer in Italian alabaster, living at No. 91, Quadrant—it is his dwelling-house, and is in the parish of St. James, Westminster. I know this engraving and frame to be his—I brought it from Rome for him fifteen months ago—I saw it safe on the 1st of Oct., about eleven o'clock in the morning, at the end of the passage—it is worth 10l.
WILLIAM HARD (police-constable A 83.) About eleven o'clock on the morning of the 1st of Oct. I saw the prisoner in Whitcomb-street, Hay-market, with this engraving—I followed, and stopped him—I asked where he got it from—he said, "At No. 91 in the Quadrant"—I took him into custody, and afterwards found the owner.
Prisoner's Defence. I have been fifteen years confined in a lunatic asylum, and at this period was labouring under a delusion; the confinement has since brought me to my senses; I did not commit the act with intent to deprive the gentleman of his picture, for I knew no more of what I was doing than a child unborn; I walked across the road and delivered it into the policeman's hands; I have no friend in the world, unless it is Mr. Cope, who knew me when I was in the Bluecoat-school; I had not tasted food for three days and three nights, and bad not a penny in my pocket.
MR. MURRAY re-examined. At the time he was taken he looked very famished, and had every appearance of being in the most abject misery.
SCOTT WALLACE (policeman.) I produce a certificate of the prisoner's former conviction, from Clerkenwell—(read—Convicted on the 24th of June last, of larceny and confined three months)—I was present at the trial—he is the man.
GUILTY . Aged 36.— Transported for Ten Years.
2056. WILLIAM MINCHIN was indicted for feloniously assaulting William Menzies, on the 14th of Oct, putting him in fear, and taking from his person, and against his will, 1 watch, value 3l.; and 1 chain, 6d.; his goods.
WILLIAM MENZIES . I live at No. 9, Denmark-street, St. Giles. On the 13th of Oct., about half-past twelve o'clock at night, I was standing at my street door, going to open it, when the prisoner came up to me, and put a paper into my hand—I was surprised at it, but judged it might be a letter from some person wanting relief—I was proceeding to read the superscription by the light of the lamp; and while doing so, the prisoner made a snatch at my watch with his right hand, and then with both hands he broke the chain over my neck, got the watch, and ran away—it came out of my pocket at once by the force of the first snatch at the chain—I ran after him—I had a cloak on, and something in my hand—I was quite confused at the thing, and before I got to the end of the street the prisoner was taken—I
met the policeman coming down with him—my watch hat never been found—I did not myself see any other person near.
Prisoner. Q. Did not the policeman ask you if I was the man, and did you not say, "No, no?" A. No, I knew you immediately by your costume and everything—I was not the worse for liquor—I did not see you caught by the police—I fell, and before I got up to you the policeman was coming back with you.
COURT. Q. How long elapsed between losing your watch and his being caught? A. Not three or four minutes.
HENRIETTA FESSARD . I am the wife of Mr. Fessard, a cook, at No. 31, Crown-street—about half-past twelve o'clock on the night of the 13th Oct., I went out to get some beer, and as I was going through Denmark-street I saw Mr. Menzies part with a friend—I saw the prisoner go up to him as he was at his door and deliver him a letter—I am certain he is the person—I saw Mr. Menzies turn towards the lamp, which stands very near his door, and I saw the prisoner make a snatch at the person of Mr. Menzies, and directly after run off—Mr. Menzies called out, "Stop him," and ran—I ran too—Mr. Menzies fell—I ran on swifter than he did, and saw the prisoner go into George-yard, and into a narrow part there—I was afraid to go up, but I stood till the policeman came—I pointed him out to the policeman, and he was taken—I am certain he is the man.
ALFRED KNIGHT (policeman.) I was on duty in Crown-street, and heard a cry of "Stop him!"—I went up George-yard, and took the prisoner in a very narrow part at the end, where there is no thoroughfare—I asked what he did there—he said nothing—I brought him and met Mr. Menzies, and he said, "That is the man."
Prisoner. You asked if I was the person and he said, "No, no." Witness. He said you were the man instantly.
MR. MENZIES re-examined. The chain was a metal one, and strong—it was round my neck, attached to the watch which was in my pocket—the first pull took the watch out, and two or three pulls got the chain off—he pulled at least three times, and took both hands the second time—the chain was broken.
Prisoner. I am innocent.
GUILTY . Aged 26.— Transported for Ten Years.
2057. JOHN TURNER was indicted for feloniously breaking and entering the dwelling-house of William Weatherhead, on the 23rd of Oct., at St. Paul Covent-garden, and stealing therein 10lbs. of cigars, value 6l., the goods of Rebecca Ellis.
REBECCA ELLIS . I keep a tobacconist's shop in Brydge's-street, Covent-garden—William Wetherhead is the occupier of the house—he lives in it, and lets out part of it—it is in the parish of St. Paul, Covent-garden—between seven and eight o'clock in the evening of the 23rd Oct. I was sitting in my parlour, behind the shop—two persons came in and told me something, in consequence of which I went out, examined my window, and missed about ten bundles of cigars, worth about 6l., from the windows—the glass was broken—it was quite safe at half-past six o'clock—I saw some cigars produced afterwards by the officer—I could not say whether they were mine or not.
prisoner and another person with him, close against the prosecutrix's window, looking in—I crossed the road and watched them—they walked away in two or three minutes to the end of York-street, and after standing talking to a third man there, they crossed to the window again—the one with the prisoner put up his coat to the window to screen the light, and put his right hand through the window four or five times, took out some cigars, and gave them to the prisoner—they were very close together—they then crossed the road again to the third party—I went to the corner of Wellington-street and told a policeman—I followed him down the street, and when the prisoner and the other saw the policeman they separated—the prisoner walked round Brydges-street, and the other escaped through the courts—the prisoner went into the Two Spies public-house—I pointed him out to the policeman, and he was taken.
CHARLES BARKER (policeman.) I was on duty in Wellington-street between seven and eight o'clock on the 23rd of Oct., and was called by Gobbet—he pointed out the prisoner directly I got to the end of York-street—I followed him to the Two Spies, and took him—he had five cigars in his waistcoat-pocket, and was smoking one—I afterwards went to the prosecutrix's shop, and found the window had been broken—I found some nails in the prisoner's pocket—there were some holes in the putty by the side of the glass, which such nails as these would make—he said at the station he had bought the cigars in Petticoat-lane—the pieces of glass were taken right away, leaving a space large enough to admit two hands—it was not cut with a diamond—the nails had been put in by the side of the putty—there were three holes where I could put in a nail.
JAMES GOBBET re-examined. I did not see or hear the window broken—it was the bottom pane—the prisoner and the other were as close to it as they could be—I passed about a yard behind them—the prisoner turned round to look at me—it was the second time they crossed that the cigars were taken out.
Prisoner's Defence. I am innocent of this charge; I was never in custody before.
GUILTY of stealing only. Aged 19.—Recommended to mercy by the
Prosecutrix,— Confined Twelve Months.
SAMUEL CRESSINGHAM . I am in the service of Sarah Cord well, a pawn-broker, in Exmouth-street, Clerkenwell. About half-past nine o'clock, on the morning of the 4th of Oct., I received information from a boy outside the shop, in consequence of which I looked and missed two pairs of boots from a stall in front of the shop—I saw the prisoner with the boots in his possession, about fifty yards off, running down a street—I ran after him, and saw him throw them over the garden-wall of a house in Wilmington-square—he was stopped by Mr. Miller—when I came up, he said "I have not been doing anything"—I went to the front door of the house in the square, and the servant gave me the boots—these are them—I had seen them safe two minutes before.
JOSEPH MILLER . I live in Bagnigge-wells-road. On the morning of 4th of Oct., I met the prisoner with some boots or shoes under his arm—he passed me—immediately after, I heard a cry of "Stop thief!"—I turned
round, and the boots were gone—I pursued, overtook him, and gave him into custody of the police.
Prisoner. I was never near the place, and do not know where it is now; I was coming towards them; if I had been guilty, I should have gone away. Witness. He was running away from the shop—I pursued him 150 yards.
Prisoner's Defence. I never had them; I should like the boy who saw them taken examined.
WILLIAM EDWARD BALL (policeman.) I produce a certificate of the prisoner's former conviction, at this Court—(read—Convicted of larceny, and confined six months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 24.— Transported for Seven Years.
MARGARET SPALDING . I am the wife of Alexander Spalding, and live in Turnmill-street, Clerkenwell. On the 12th of Aug., the prisoner came into my service on trial—she left next day, and I missed two shawls, which I had seen safe in the morning—I had one of them on not an hour before I missed it—about a month afterwards I saw the prisoner passing by the window with one of my shawls on her back—I stopped her and gave her in charge—I asked her if she knew me—she said, "No"—these are the shawls.
Prisoner. She had somebody taken up before me, and said she could swear to the shawl they had. Witness. I did not—she left her own shawl behind.
GUILTY . Aged 18.— Confined Six Months.
JOHN NORTH . I am foreman to Henry Moses and Sons, slopsellers, on Tower-hill. The prisoner used to come for work—she came on the 5th of Aug., and said she had come for some work for Jacobson, who worked for us—I gave her materials for eighteen shirts to take to Miss Jacobson—on the 4th of Sept. she came again and asked for a pattern shirt to make the others by—I gave it her—I asked why she had not brought the work in—she said Jacobson had been ill, but she would bring them in the following week—neither the shirts nor the pattern came.
Prisoner. I never named Jacobson; I was in the habit of coming for work.
JANE JACOBSON . I live in Antony-street, St. George's. I used to make shirts for Messrs. Moses—I did not, on the 5th of Aug., send the prisoner for any work, nor for a pattern shirt on the 4th of Sept.—she never brought them to me—I did not send her at all.
WILLIAM BROOKS (policeman.) I took the prisoner into custody—she said, "They will swear anything"—she afterwards said, "They are in pawn, and I will get them out"—as I was taking her into the police-court she said some of them were at Mr. Byers's.
JOHN NORTH re-examined. These are our property—I believe neither of them is the pattern shirt—that has not been produced—part of these are made up, and part unmade—here is a number on this shirt—the prisoner acted as agent for Jacobson—she came backwards and forwards for them—in fact I knew her better than them.
GUILTY. Aged 27.—Recommended to mercy.
JOHN NORTH . I am in the service of Henry Moses and Sons. We employed Miss Jacobson to make up shirts—the prisoner came on the 5th of Aug.—she said she came for work from Jacobson—she did not say anything about being sent—as I was giving out work at the time, I gave her materials for making eighteen shirts, about fifty yards of cotton cut out, and ready to make up, worth about 16s.—I gave them to her, believing she came from Jacobson—I should not have given them to her had I not believed so—they were never brought back—they ought to have been returned made up.
Prisoner. I said nothing about Jacobson; I said I had come for some more work. Witness. You told me they were for Jacobson, or I should not have given them to you without security.
JANE JACOBSON . I used to make shirts for Messrs. Moses—the materials were sent to me—on the 5th of Aug. I did not send the prisoner for any materials for shirts—she did not bring me any—it is nine or ten months since I did any work for Messrs. Moses—I was not working for them in Aug. or Sept.
JAMES EDWARD PASCAL . I am in the service of Mr. Child, a pawn-broker. I produce some remnants of cotton pledged on the 5th of Aug.—I have seen the prisoner in the shop—I should not like to swear she pledged these, but I believe she did.
HENRY GOLDEN . I am in the service of Mr. Carpenter, of Charles-Street, St. George's—I produce some remnants of cotton cut out for making shirts—I believe they were pledged by the prisoner—I have seen her before.
get them out"—on going into the police-court she said, "Some of them are at Byers's."
Prisoner. I did not pledge any; I said I heard some were pledged.
GUILTY . Aged 27.— Confined Six Months.
2062. ELIZABETH LACEY was indicted for stealing, on the 20th of Sept., 1 waistcoat, value 2s. 6d.; 1 ring, 15s.; 2 spoons, 7s.; 1 knife, 4s.; and 1 collar, 7s.; the goods of William Hider, her master.
WILLIAM HIDER . I keep the Britannia public-house, in Moor-street, Marylebone. The prisoner was in my service not quite a week—she was discharged, and left on Tuesday, the 23rd of Sept.—on the 26th I missed a gold ring of my wife's, and two silver spoons, from a glass drawer in the bed-room, and on the 27th I missed a waistcoat—these now produced are them.
CHARLES BENNETT (police-sergeant.) On the 26th of Sept., I took the prisoner into custody in Queen-street—I had previously been to her lodgings, and in a box there, not locked, found sixteen duplicates, one of which is for a gold ring—I asked whether she was aware what I took her for—she said, "No"—I said for a robbery of Mr. Hider—she said she knew nothing of it—I said "It is very strange, when I found duplicates of Mr. Hider's property in your box, and you know nothing of it"—she made no answer, and I took her to the station.
Prisoner. I did not pawn it; I met a friend at the door, and asked her to pawn it. Witness. I am quite sure of her.
Prisoner. I did not pawn either of them. Witness. I am quite sure of her.
Prisoner's Defence. I lived with Mr. Hider six months ago; I left and came back again; I am guilty of the riug and waistcoat, the others I know nothing about.
GUILTY . Aged 20.—Recommended to mercy— Confined Three Months.
2063. RAYMOND EMANUEL ENGUITEA was indicted for stealing on the 5th of Oct., 1 pair of boots, value 5s.; 1 jacket, 2s.; and 1 pair of trowsers, 2s.; the goods of William Hewitt; and 1 handkerchief, value 6d.; the goods of William Bonnett, in a vessel on the navigable river Thames.
(The prisoner being a foreigner, had the evidence interpreted to him.)
WILLIAM HEWITT . I am a seaman on board the Independent, lying at Waterman's-wharf, below St. Katherine's-dock, in the Thames—lie prisoner is not one of the crew—I do not know him—on Sunday morning, 5th Oct., I was asleep in my berth, in the round-house—about one o'clock, my shipmate Bonnett awoke me, and told me to strike a light—I did so—looked about, and missed my trowsers, a pair of Wellington boots and a jacket, which had been close to my berth, when I turned in at nine o'clock—we searched about the deck, and found the prisoner lying on his face underneath the long boat, with the clothes alongside of him, tied up in his own
handkerchief—I called a policeman, and gave him in charge—I asked what business he had there—he said another man had brought him there—I saw no other man—I found a strange hat on the top of the round-house—these are my things.
WILLIAM BONNETT . I belong to the schooner Independent. I was awoke in my berth about one o'clock on this morning by a noise in the round-house—I called out but got no answer—I called Hewitt to strike a light, which he did—before I got him well awake I heard something rush out of the door—I could not tell what it was—I heard footsteps—when we got the light we missed the things—I did not miss anything of mine till I found my handkerchief round the prisoner's neck, as he was lying under the long boat.
Prisoner. I had that tied round my neck, because I lent mine to a man who took me on board, to pack the things in. Witness. I saw no other person near—my handkerchief was lying in the round-house overnight.
DAVID DUNN (police-constable H 107.) I was called, and received the prisoner into custody with the things—I found him on his knees under the long boat—he spoke English very indistinctly, but I understood him to say he was brought there by another man—I searched about but found no other man.
Prisoner's Defence. I was at a beer-shop outside the London Dock about seven o'clock this evening; some sailors and a pilot were there; one of them asked me to go on board with him to bring some of his clothes off; I went; he asked me to lend him my handkerchief to tie them in, which I did; I waited for him a long time and fell asleep under the boat, where I was found.
GUILTY . Aged 34.— Confined Six Months.
2064. JAMES PHILLIPS and THOMAS FIELD were indicted for stealing, on the 29th of Sept., 13lbs. of mutton, value 8s.; 1 pie, 2s.; 1 dish, 6d.; 1lb. of ham, 1s.; and 1lb. of goose, 6d.; the goods of Christopher Phillips: and that they had both been before convicted of felony.
LOUISA ESSEX . I am cook to Mr. Christopher Phillips, of Riverter-race North, Islington—I saw a dish, some mutton, a pie, part of a goose, and a cloth, at the police-office—they were the property of Mr. Phillips—none of them are here—they were taken from the front area—I saw them safe about half-past ten o'clock at night—the door was not locked—no violence was used to it.
BENJAMIN JUDD (policeman.) About a quarter to seven o'clock on the morning of the 29th of Sept., I was coming up Vincent-terrace and saw Phillips coming out of the yard of the Scotch church, which adjoins the prosecutor's house—I saw him take a bundle up off the pavement, close against the prosecutor's area rails, and go toward the City-road—I then saw Field come over the prosecutor's area rails, and follow Phillips—he joined him, and they crossed the City-road together—I followed them, and captured Phillips in Goswell-road—he had the bundle on him—Field seeing me, ran away—I took Phillips to the station with the bundle—it contained a pie, part of a goose, a piece of ham, and the dish—I took him back to the
Scotch churchyard, and there found a haunch and loin of mutton behind some bricks—I took Field about two hours afterwards at a low lodging-house in Field-lane—when Phillips was charged with it he said the girl gave it him up the area—Essex saw the articles at the station and identi-fied them, and Mr. Phillips also.
Phillips's Defence. I was going to work at Clerkenwell prison, a man came up to me about twenty yards from the burial-ground and said, "You can have this," and picked it up off the pavement; I walked on, and somebody came running past me; (I do not know who it was,) and the policeman stated so at first; nobody stopped and spoke to me; the policeman then came up and took me; as I was going along I asked a little milk-girl, who saw it given me, to come to the station, but the policeman told her not to come.
Field's Defence. I had not been out of bed since ten o'clock on Sunday night before the policeman came and took me.
BENJAMIN JUDD re-examined. I know both the prisoners perfectly well—I am positive it was Field I saw get over the railings—there was a little girl about twenty yards from where Phillips was, and he said he knew where she lived—we asked him at the police-court to tell us where she lived and we would produce her, and he then said he did not know—I never said a word to her.
SAMUEL TAYLOR (policeman.) I produce a certificate of Phillips's conviction from this court—(read—Convicted 6th Jan., 1840, of larceny, and confined Five Days)—I was present at the trial—he is the person.
PHILLIPS— GUILTY . Aged 19.
FIELD— GUILTY . Aged 20.
Confined Six Months.
SUSAN JONES . I am a widow, and keep a fishmonger's shop in Clerkenwell—in July last the prisoner was in my service about eight or ten days—it was part of his duty to take orders for fish, and receive money for me—I received an order for some fish from Mr. Atkinson, of Bond-street, which I sent by the prisoner, with a bill, on the 2nd of July—when he returned I asked him for the money—he said Mr. Atkinson had met him and said he would call and pay me—next morning he came to his work very much in liquor—in the evening I sent him on an errand, and I never saw him any more till he was in custody—the money was never paid to me.
Prisoner. Q. Does the shop belong to you? A. Yes—the bill was made out by Norton, my brother-in-law, in his own name, but that was a mistake, and there was a mistake in the circulars as well—the fish was mine.
JAMES ATKINSON . I am a perfumer, and live in Old Bond-street. In the early part of July last I recollect a person delivering two baskets of fish at my house, with a bill receipted—I could not swear to the prisoner—it was a man similar to him—the bill was 1l. 11s. 2d. I think—I objected to paying for the baskets, and paid him 1l. 10s. 6d.—Mrs. Jones occupies a house of mine—her brother-in-law took it for her—they were both present when I gave the order for the fish—I understood it was her business.
ROBERT GRAYSON . I was present when Mr. Atkinson paid the money for the fish—I am quite sure it was to the prisoner—it was about twelve o'clock, one day in July—I did not see the exact sum he paid, but I think it was 1l. 11s. 6d.—the bill was 1l. 11s. 2d., and I thought there were some halfpence for the man.
Prisoner. Q. Did you ever see me before? A. No—you had on a white coat, fustian, or a blouse, and a flannel apron.
WILLIAM HASELDINE (policeman.) I produce a certificate of the prisioner's former conviction, from Clerkenwell—(read—Convicted on the 11th of Feb., of larceny and confined three months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 27.— Confined Twelve Months.
NEW COURT.—Saturday, November 1st, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY .— Transported for Seven Years.
GUILTY . Aged 42.— Confined Four Months.
2068. FRANK FOWLER was indicted for embezzling and stealing 5l. 18s. 11d., and 3l. 15s. 9d., which he had received on account of the London and Black wall Railway Company, his masters; to which he pleaded
GUILTY . Aged 25.—Recommended to mercy.— Confined One Year.
MR. BODKIN conducted the Prosecution.
WILLIAM BARTLEY . I live at Somers-mews, Paddington, and am a livery-stable keeper. Before this transaction the prisoner borrowed a horse and gig of me—I think he had had it five times altogether—the 10th of Aug. was the first time—he used to have it for the afternoon, and on one occasion for two days—he paid for it—he had spoken to me a day or two before the 13th of Sept., that he should want a horse and gig, as he was going to assist his father-in-law in a law-suit he had depending; and he wanted a nice easy chaise, as his wife was an invalid—he said his father lived at the west end of the town, and he should want the chaise a week, or perhaps a fortnight, as he was going to collect witnesses to assist his wife's father in this law-suit, and that many hundreds, and perhaps thousands of pounds depended oil it—on the 13th of Sept. he came, and one or two chaises were shown him—he had one which we call u Stanhope—it was the
one he had all along—he said he wanted it for a week or a fortnight, and he had that—he wanted a chesnut horse with it—I said he could not have that for more than four days, as I wanted it to go into the country—he took that horse and chaise on the 13th of Sept., for four days, and said he should come hack on the Tuesday, but he did not bring them back till the Thursday morning—he then had a little new dennet, which he had seen before—he said that would do very well with the grey mare and the plated harness—the horse, chaise, and harness, were worth 50l.—I asked him 3l. 10s. a week for it—he said that was rather too much, and I agreed for 3l.—he took them away on Thursday, the 18th of Sept., and I did not see anything more of him till he was taken into custody—a letter came to my place by post on the 30th of Sept.—I was in the country, and found it when I came home.
Cross-examined by MR. BALLANTINE. Q. How much had he paid you for hire? A. The whole amount has been 3l. 14s.—I found this chaise had been left at Robinson's for 15l.—it bad not been sold—I found it there on the 9th of Oct.—the prisoner was given into custody on the 8th of Oct., before I had found this horse and chaise—he told me where it was, after I had asked him three or four times—he said he had drawn 15l. on it, and if I would give him time he would pay the money in two or three days.
MR. BODKIN. Q. Was he in custody when he told you where it was? A. No.
SILAS BOREHAM . I am clerk to Mr. Robinson, who keeps the Repository in Little Britain. On the 27th of Sept. the prisoner brought a grey mare, a dennet, and harness with him—he said they were his own, and he wanted 15l. on them—we are in the, habit of advancing money on things intended to be sold—he signed a memorandum, that in the event of hit hot taking them away before the 9th of Oct., which was one of our sale-days, they were to be sold by public auction—there was no price put upon them.
Cross-examined. Q. I believe, if he had come on the 8th of Oct., and asked you to keep it a week longer, you would have done so? A. Yes, in the event of his paying the keep of the horse—that was the understanding—if the keep had been paid at the end of the fortnight he would have been entitled to have kept it there longer, if he chose—our place of business closes at eight in the evening—our sales begin at half-past twelve in the morning—if he had come from a quarter to half-past twelve, on the 9th of Oct., and paid the keep, we should not have sold it.
EDWARD GREEN . The prisoner married my daughter—I cannot tell whether he was living with her in Sept last—she is living in Oxford-street, and keeps a school—she was in good health in Sept.—I have no law-suit for which the prisoner was about to collect witnesses.
GUILTY . Aged 30.—Recommended to mercy.— Confined Six Months.
THOMAS SMITH . I am in the employ of Margaret Smith; the prisoners were in her service. We were at work at Mr. Emmanuel's, at Acton—I have examined this lead—I believe, on my oath, it is Margaret Smith's.
Cross-examined by MR. HORRY. Q. How long had the prisoners been in her service? A. Pearce for three or four years, and Knight nine or ten days—Pearce was a plumber, and Knight his labourer—I had sent Pearce to do some work at Mr. Emmanuel's—he was not to do it by contract—we had the lead there for the work—if Pearce had cut the lead badly, or too short, I should not have expected him to get more, and to put it to rights, but to let me know—the old lead off the roof was our property—there was no new lead required.
(The prisoners received a good character.)
PEARCE— GUILTY . Aged 36.
KNIGHT— GUILTY . Aged 35.
Recommended to mercy.
Confined Four Months.
PAMELA ELIZA STAFFORD . I am the wife of Henry John Stafford; we live in Cumming-street, Pentonville. On the 15th of Sept. the prisoner came between eleven and twelve o'clock, and desired to see my husband on business—my husband was then out of town—the prisoner left a paper, which he desired me to inclose if I was going to write to him—I told him I would—I left him in the room for five or ten minutes—next morning he came again, and brought a letter, which I told him I could not convey to my husband—he said it was of great importance, and he would call at the end of the week—on the 18th I missed sixteen spoons, one desert-knife, and my sugar-tongs—these are them.
THOMAS HENNY LANG . I was coming up Holborn on the 26th of Oct.—I met a friend who had lost some bagatelle balls—I went with him to where he had got the prisoner in custody, and the prisoner gave these duplicates to me.
GUILTY . Aged 32.— Transported for Seven Years.
(There was another indictment against the prisoner.)
the safe under the area—the safe had been locked, and was cut open—I have not seen it since—I know both the prisoners.
HENRY ROWLAND . I live in Pimlico. I saw the prisoners on the Friday after the 9th of Sept.—I asked if they had heard of Mr. Cross's safe being robbed of mutton and beef—they laughed, and Greenwood said it was them that had it—then Tapson laughed again, and said he cut the b----y safe all to pieces.
WILLIAM ANSTEAD . I know the prisoners. About five o'clock, on the morning of the 9th of Sept., I saw them on the side of a brickkiln—there was a handkerchief on the bricks—I asked what they had got in the handkerchief—they said "Beef"—I asked them to let me look at it—they untied the handkerchief, and let me look at the beef in my hands—they asked me if I would buy it—I said no, it did not come by good means, and I would not—they said it came from Old Brompton, and I should have it for 1s.—I would not have it—they gave my dog some mutton bones.
Tapson. Q. Who did it belong to? A. I cannot say—there was another person with the prisoners, and they banded it about from one to the other.
Greenwood's Defence. I went down to the brickkiln, and saw the man with it.
NOT GUILTY .
THOMAS WILLOUGHBY WINTERTON . I am a clerk in the City. I was walking along Whitechapel-road on Sunday night, the 28th of Sept, and felt a sudden thrust at my side—I turned, and my hand came in contact with the prisoner, and my pocket-book fell on the ground at his feet—no one could have dropped it but him—no one was near—I said, "You have picked my pocket"—I picked up the book, and endeavoured to seize him—he made his escape, running down Whitechapel-road—he turned up a yard, and when he had got some distance he fell—a policeman came, and we secured him—he made great resistance and escaped, but was taken ultimately, and conveyed to the station—I am sure no one could have taken my pocket-book but him—it could not have fallen from my pocket—it was a deep inside pocket—as we were going to the station he made a desperate kick at me, and hurt my leg very much.
Prisoner. Q. How far was the turning from the place? A. Perhaps fifty yards—I was very near you—you fell down or I should not have secured you—I swear there was no one sufficiently near to rob me but you—I will not swear that I saw the pocket-book in your hand.
WILLIAM CANN (police-constable H 109.) I was on duty on my beat on the evening of the 28th of Sept.—I heard a cry of "Police!" and "Stop thief!"—I hurried to the place, and saw the prisoner turn down George-yard, running, followed by the prosecutor—the prisoner fell, or threw himself down, and I took him—he resisted very much, and would not walk—I dragged him to the end of George-yard, and got a person to help him up—he made great resistance.
Prisoner. Q. Did you stop me? A. After you got away I caught you again—I did not lose sight of you at all.
Prisoner. Does it stand likely that I must be the only person behind the prosecutor? I was running across the road; if he had looked round before he felt his pocket he would have seen me.
T. W. WINTERTON re-examined. I did not look round till I felt a thrust at my pocket—I had a handkerchief in each pocket.
Prisoner. I was beaten very much before I made resistance. Witness. He was not—he would not have been used at all roughly if he had not made great resistance.
ALLEN PIPE . I was an officer of the police. I produce a certificate of the prisoner's former conviction at New Court—(read—Convicted 1st Jan., 1844, and confined one year)—the prisoner is the man—I have great reason to recollect it, because I got injured by him, and have been superannuated from the police through it.
Prisoner. I have not been convicted. Witness. I hove not the slightest doubt of his being the man.
GUILTY .* Aged 23.— Transported for Ten Years.
CHARLES DAVID FURBER . I keep a public-house in Berner-street, Strand. The prisoner was in my employment—on the 4th of Oct. I gave him a 5l. note to get silver for it at Mr. Warren's, the butcher, close by—he came back with only 30s. and said he did not know what was gone with the rest—I sent him back to see if he had left it on the counter—he was gone some time, and then came back and said a woman had met him and got him to go up Southampton-street, as she said she knew his mother, and she had got some beads for his sister—that he said he had got some money of his master's, and she took the bag that had the money, and, as he believed, she put the beads into it, and then put the money in, as he thought—he told me this that same evening.
Cross-examined by MR. PRENDERGAST. Q. Is not his father a respectable man? A. He seems so.
NOT GUILTY .
CHARLES SMITH . I am a builder. I had some building at Brookcot-tage, St. John's-wood. On the 7th of Oct. I employed the prisoner, and on the Monday following I watched him—he came from the buildings to leave his work at a quarter-past five o'clock, and inquired of me about some nails—I answered him, and he was going on—I then said, "I think you have some of my lead on you"—he said, "Oh no, I have not," and hurried on—I ran after him and said, "This won't do, what have you got in your pocket?"—he took two pieces from his jacket-pocket, and one from his trowsers—I told him to take it back to where he got it—he went up to the first-floor, and gave it to a carpenter named Bryant—I took it to my premises and compared it—I have no doubt it is mine.
Cross-examined by MR. HUDDLESTON. Q. Were you building many houses there? A. Two, they are about eighty feet apart—there are no buildings between them—the prisoner is a plumber—he came out of the house he was employed to put the lead on—I took care of it till it was given to the policeman—it corresponded with the lead I gave the prisoner to work—I have not any of the corresponding lead here—I missed those three pieces.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined Three Months.
JOHN HILL . I keep a public-house in High-street, Marylebone. The prisoner was in my employ, and took out beer to customers—the money he received it was his duty to pay me every Wednesday—if he received 3l. 6d. on the 30th of July, and 3s. 6d. on the 6th of Aug., and 4s. on the 12th of Aug., he has not paid them to me—my books are at home—I can swear without the books that he never paid me these sums.
Prisoner. Q. Do you remember, on the 14th of Aug., when you paid me my wages, you said, "Joseph, now we are straight?" A. I did not—I did not say you should not have to summon me the same as Ann did.
GEORGE HILL . I receive money for my brother from the prisoner—I did not receive from him either of these sums—I know he did not pay me, because they are not rubbed off in the book—if it were not for the book I could not tell.
Prisoner. Q. Do you remember, on the 30th of July, when your brother ordered you to make out a bill for No. 28, Devonshire-street, I brought you the bill and a sovereign, I said the lady said she was not afraid to trust you with the change of the sovereign, and at the same time I gave you two half-crowns, 1s., and two penny-pieces? A. No.
Prisoner. I received the money and paid it to Mr. George.
Prisoner. Q. Did you receive any extras during the three weeks? A. Yes—whatever extras was had I paid for at the time—I received a bottle of gin and a gallon of vinegar, which I paid for—I believe I received a quart of vinegar, but I paid for it.
(The prisoner here handed in a bill to the Court.)
COURT to JOHN HILL. Q. Here is an account in which the prisoner makes out that he has paid you 2l. 5s. 8d. for beer, vinegar, and other things, and amongst them is the beer on the 30th of July, 3s. 6d., and on the 6th of Aug. 3s. 6d.; this includes two of the items you charge him with; do you admit this bill? A. This bill might have been paid, but there was a bill sent to Mrs. Dendy that was not delivered—he said Mrs. Dendy would call and pay—I asked him about these sums on a Tuesday in Aug.—I have not any books here.
NOT GUILTY .
2077. CHARLES STUBBING was indicted for stealing 15 printed books, value 18s.; 3 maps, 5s.; 1 pack of playing-cards, 2s.; 3 scent-bottles,3s.; 6 fancy paper boxes, 1s. 6d.; and 3 coloured prints, 1s.; the goods of John Renshaw and another, his masters; to which he pleaded
GUILTY . Aged 24.—Recommended to mercy.— Confined Six Months.
GEORGE JOHNSON . I keep the Star beer-house at Pimlico. The prisoner was my pot-boy—if he carried out beer and received the money, he should pay it to me every Monday—he carried beer to Mrs. Crowe—if on the 24th of Sept. he received 3d. and 2s. 5d., he has not paid them to me—he said the reason Mrs. Crowe and Mr. Torfey did not pay him was their not taking their board wages.
Cross-examined by MR. PRENDERGAST. Q. He was also a servant in the tap-room? A. Yes, he was waiter there—when he had beer from the bar for the tap-room he put down the money for it, and then he had to take it to the customers in the tap-room and get the money—I was not aware that he trusted any one on his own account—some of the persons in the tap-room were almost regular customers—the prisoner accounted once a week for the beer he took out—I have not heard him say he has trusted people and not got the money—my wife manages the business when I am not in the way—the prisoner's wages were 5s. a week, 2s. 6d. for his lodging, and I boarded him—I paid him every week, or when he wanted his money—his wages have gone on for two weeks, not for three.
Cross-examined. Q. Sometimes you did owe him? A. It went for one week, but I paid him on the Saturday night—I paid him at dinner time on the 24th.
Cross-examined. Q. What is the cook's name? A. Mary Foster—she is at home in Belgrave square—I sometimes take in the beer—I generally am down stairs when it comes—the cook generally takes it in.
GEORGE JOHNSON re-examined. Q. What wages were due to the prisoner? A. There would have been 7s. 6d. due to him, if he had staid till Thursday night, but he ran away on Wednesday evening—I found him in a public-house—I have charges against him to the amount of 2l. 5s.—he left some of his clothes with me, and his father fetched them.
GUILTY . Aged 21.—Recommended to mercy by the Jury.— Confined
WILLIAM GREEN . I am a ladies' shoemaker; the prisoner was in my employ. On the 17th of Sept. I left him alone while I was absent eight or ten minutes—on my return he was gone—I missed four pairs of shoes—they have never been found—the prisoner was in the place where they had been—I went after him, and found him at his mother's—I said, "There you are"—he made his escape out of the window.
that he jumped out of the window, and when he saw me he said he did not know it was me, or he would not have come.
WILLIAM RENSHETT (police-sergeant G 26.) I produce a certificate of the prisoner's former conviction—(read—Convicted 31st Jan., 1842, (having been before convicted of felony,) and confined one year)—the prisoner is the man.
GUILTY . Aged 19.— Transported for Seven Years.
(There was another indictment against the prisoner.)
It being the property of William Fitch and two others, the prisoner was
2081. JOHN HOPKINS was indicted for stealing 1 chest of drawers, value 2l.; 1 looking-glass, 7s.; 9 chairs, 10s.; 1 bed, 8s.; 1 fender, 7s.; 1 table, 2s.; 1 blanket, 3s.; 2 rugs, 6s.; 3 sheets, 3s.; 1 pillow, 2s.; 1 bedstead, 8s.; 1 bolster, 1s.; 24 plates, 1s.; 12 cups, 2s.; 12 saucers, 2s.; 6 other saucers, 4s.; 8 drinking-glasses, 4s.; 6 chimney-orna-ments, 4s.; 4 shirts, 10s.; and 1 waistcoat, 10s.; the goods of James Freeman.
JAMES FREEMAN . I am a cab-driver. I became acquainted with the prisoner, and took him in, as being very poor, more out of charity than anything else—he lodged with me some time—I went home one evening, and found my wife was gone and all my articles—the prisoner was gone also—amongst the rest, a waistcoat of mine was gone—I found him in a room in a street in the Commercial-road—my wife was with him, and all the things I had lost were in the room—I found my waistcoat on his person.
Prisoner. Q. Did you not give me the waistcoat? A. No.
MARY FITCHENOR . I was lodging with Mrs. Freeman at the time—I recollect, on the 24th of Sept., a van arriving at the house—Mrs. Freeman was present when it was loaded with the goods—the prisoner was not present—I went with the van, and saw it unloaded—the prisoner was there and helped to unload it.
JOHN NEWELL (police-constable N 102.) I took the prisoner—I found on him this waistcoat, which the prosecutor claims—I found all the goods there—the prosecutor claimed them—the prisoner and Mrs. Freeman were sitting on each side of the fire-place—the prisoner said to the prosecutor, "You know you gave me the waistcoat."
JAMES GREEN . I am acquainted with the prisoner and Mrs. Freeman—I was sitting with them till twelve o'clock one night—I went for some beer, and when I came back I caught them at what they ought not to have been doing—Mrs. Freeman is about twenty-two years old.
Prisoner's Defence. She asked me to assist in unloading the goods, which I did—she asked me to come and lodge with her, as she had left her husband—they could never agree.
JAMES FREEMAN re-examined. I swear it had never been out of my possession at all—I wore it not many weeks ago, when this one that I have on got wet—I used to wear that while this got dry—here are two or three white patches which my wife put on it, I am sure of that.
MRS. FREEMAN. My husband gave the prisoner this waistcoat on the 29th of June—he placed it on his back with his own hands.
GUILTY. Aged 24.—Recommended to mercy by the Prosecutor. —
Confined One Year.
MARY FOLEY . I am the wife of John Foley—we live in Back Church-lane, St. George's in the East. On Thursday night, the 9th of Oct., at a quarter before seven o'clock, a person came and told me something—I missed from my window three yards and a half of ribbon; and when the policeman came, I looked, and missed a yard of velvet—these are them—they had been left with me to make a bonnet with.
EDWARD BURGESS (police-constable H 198.) I saw the prisoner and another boy, about seven o'clock that evening, in Church-lane—when they saw me they ran away—I secured them both—we had a desperate struggle, and the other got away—I found this ribbon and velvet in the bat the prisoner had on—I found 2s. 4d. on him, and a knife.
GUILTY .* Aged 17.— Confined Nine Months.
GUILTY . Aged 29.—Recommended to mercy.— Confined Three Months ,
without hard labour.
2084. CAROLINE EVANS was indicted for stealing 2 coats, value 4l. 10s.; 2 yards of cloth, 15s.; 1 pair of boots, 15s.; 6 shirts, 1l.; and 1 ring, 1l.; the goods of Edmund Heale: also, 1 spoon, 18s., the goods of Cuthbert Johnson: and 2 spoons, 1l., the goods of William Henry Beacon Wilkinson: to which he pleaded
GUILTY . Aged 25.—Recommended to mercy.— Confined Six Months.
JAMES TELFOR . I am in the employ of Adam Telfor, of Praed-street. The prisoner was working at Mr. Brown's on the 1st of Sept.—I lost several articles, and, amongst the rest, this stock—the prisoner had the opportunity of taking it—it is Mr. Adam Telfor's.
Prisoner. I meant to get it out again on the Saturday evening.
GUILTY . Aged 21.— Confined Six Months.
(There was another indictment against the prisoner.)
THOMAS WILLMOTT HUNT . I live at No. 141, Whitechapel-road. On Wednesday, the 1st of Oct., about five o'clock in the afternoon, I received ten casks of butter—they were placed on the kerb-stone facing the door—about half-past six somebody gave me information, and there was one of
the casks of butter gone—I have found it since—it is my cask, and contained butter.
Cross-examined by MR. PAYNE. Q. What do you know it by? A. This mark on the side, "M. B., 45 N."—there were no ends on it when I found it—it belonged to my father, Thomas Hunt—I had looked at the marks before the cask was missing—they were all marked in the same way—I have not sworn it was about seven o'clock when I missed one—it was about half-past six.
ELIZABETH HUNT . I remember the day the casks came—I saw Smith about our house that evening, for nearly three quarters of an hour before the butter was missed—I never took my eye off him for nearly the whole time—I thought he was after stealing a piece of meat from our shop.
Cross-examined by MR. PARRY. Q. What makes you positive it was Smith? A. Because he kept looking at me, and I at him—there was a gaslight within half a yard of him—ours is an open window—he kept walking and looking at me, and then be leered where the butter was standing—I did not know the butter was there, but I knew where be looked—I had seen him about the street before—it was about a quarter to six when I first saw him, and about twenty minutes past six my younger son said, "Mother, there is a cask of butter taken from here"—I was in the shop the whole time—there were a great many pieces of meat in the window—I asked Smith if he wanted to buy anything, and he did not answer—he had on a kind of brown mixture coat, and a belcher silk handkerchief—he was rather particular looking—the policeman asked me if I should know the man—I said I was sure I should.
Cross-examined by MR. SIMON. Q. Who did you receive this butter from? A. From Mr. Bougham—it was marked "M. B. 45 N."—that is the mark on all their butter.
ALFRED KEMP . I live in Whitechapel-road. On that evening I was at the corner of New-street and Bedford-street—I saw Jacobs coming along, with the butter on his shoulder—he dropped it, and Smith helped it up again—Jacobs' hat dropped off, and Smith carried it—it was about half-past six o'clock.
Cross-examined by MR. PAYNE. Q. What are you? A. I am nothing—I am fourteen years old—I have no father—my mother is independent—I am not apprenticed to any trade yet—I do not walk about the streets and talk to the policemen—I am not particularly a friend of the policemen—I merely pass the time of day to them sometimes—I am not out a good deal—I had just gone on an errand for my mother—I do not know the prisoner—a friend stopped me in the street talking—the cask of butter was dropped just before you get to New-street, Bedford-street—I have not been talking to the police about this case—I spoke to Mrs. Hunt, and said I saw two men coming with the butter—I saw the prisoners in custody the next morning—I did not see them taken.
Cross-examined by MR. SIMON. Q. You did not pick the prisoners out from other persons? A. There was another person with them—the policemen said they had the men—the night I saw the prisoners was not dark nor light—it was dusk—it was as near half-past six o'clock as I can tell—I was about three yards from them—it was about five minutes' walk from the shop the butter was taken from—I noticed them dropping the butter—I was asked how much I thought it weighed—I said about 100lbs.—Jacobs had got on a dark pilot coat and dark trowsers, and Smith, as far as
I could see, a dark green coat—I took notice of their dress, and gave the description the next morning—I did not know the prisoners' names—I said one of them had a dark pilot coat on—I saw them opposite Mr. Dixon's, the butcher's shop.
WILLIAM DAVISON DAY (police-constable K 74.) I went to No. 6, Baker-street, Stepney, and found the cask of butter under the bed, in the front parlour—a woman named Tollison lives there—the two prisoners came into the York Minster public-house the same night—I said to Smith, "I believe your name is Smith"—he said, "Yes"—I said, "You are ray prisoner"—he wanted to know what it was for—when we came to the corner of Baker-street he said, "You b—r, if I thought you had got me to rights I would turn round and mug you."
Cross-examined by MR. PAYNE. Q. You told him it was for a cask of butter? A. Yes—I understood him to mean he would give me a knock of the mouth or so.
Cross-examined by MR. SIMON. Q. You were on the look out for the prisoners? A. Yes—I knew they frequented that place and cohabited with Tollison—I was in the public-house, and saw Tollison come in—I said to the other officer, "Let her alone, they won't be long before they come in"—they did come in—I took Tollison the same night.
GEORGE MOUNTFORD (police-constable K 18.) I took Jacobs—he said he knew nothing about it—I searched the house where Smith lived, and found a hat smeared with butter—it fitted Jacobs—he denied all knowledge of it.
THOMAS WILLMOTT HUNT re-examined. Q. Did you compare the butler that was found with the other butters? A. Yes—it is a foreign butter, and I can swear to it—it is a foreign butter, and they were foreign butters.
cross-examined by MR. SIMON. Q. Did you taste it out of every cask? A. I cannot say that I did out of every one—I did most of them—I tasted that one several times.
WILLIAM RALPH YOUNG . I produce a certificate of the prisoner Smith's former conviction at this Court—(read—convicted,13th May, 1839, of stealing from the person, and transported for ten years)—he went away, and returned after being absent about four years and a half.
SMITH— GUILTY . Aged 25.— Transported for Ten Years.
JACOBS— GUILTY . Aged 26.— Confined Six Months.
2087. EDWARD NEELEY was indicted for stealing 2 coats, value 1l.; 2 shirts, 1l.; 1 pair of pantaloons, 12s.; 1 pocket looking-glass, 2s.; 3 pairs of socks, 3s.; and 3 handkerchiefs, 3s.; the goods of Louis Harvey d'Egville, his master; to which he pleaded
GUILTY . Aged 22.—Recommended to mercy.— Confined Four Months.
PHILIP BOYCE . I am the son of the Rev. Henry Boyce, who lives at St. John's-wood—on the morning of the 29th Oct. I was in Cornhill—I had my father's banking-book with me—it contained a cheque for 10l. 16s. 1d.—I was walking with a friend, and felt a tug at my pocket—I turned round and saw the prisoner looking into a watch-maker's shop, rather
suspiciously—I saw the shape of the banker's book between his coat and waistcoat—I went and said to him, "You have stole my book"—he turned round, and I took the book from under his coat—I am sure it was the book I had lost, and I am sure I took it from under his coat.
Cross-examined by MR. HUDDLESTON. Q. Is this your father's cash-book with the bank? A. Yes—there were no persons near me when I turned round—it was about eleven o'clock in the morning—there were no persons going in the same direction that I was, for several yards—the prisoner was about two yards from me when I turned round—when I asked if he had taken this cash-book he said it was all right.
COURT. Q. Did he produce it to you, or did you put your hand and seize it? A. I put my hand and seized it.
CHARLES BOYCE . I was with Philip Boyce—I saw him draw this book from the prisoner—it was between his coat and waistcoat—I believe his coat was not buttoned—the prisoner muttered something which I did not understand—he stood for about half a minute, and then ran away.
JOHN LEWIS (City police-constable, No. 581.) I took the prisoner in Gracechurch-street—he was not running then, but he apparently had been running—he was out of breath—when I seized him he said, "I am not the man—it was not me"—he afterwards said he picked it up.
Cross-examined. Q. And I think he said, "to give it to the gentle-man? A. Yes.
(The prisoner received a good character.)
GUILTY .— Confined Six Months.
MARY PAYNE . I am a widow, and live in Charles-street, Westminster—the prisoner was in my service for thirteen months—on the 6th of Oct. I missed some cotton cloth and other things—I accused her of having stolen them—she said she had taken them—she had taken some lace that I accused her of first, and thrown it behind the fire and burnt it.
Cross-examined by MR. DOANE. Q. I believe she produced the cloth? A. Yes, she was gone to fetch it down when the policeman came in—I charged her with stealing it in his presence—I do not recollect that she made any answer—I had a key which opened her box—I never examined it but once in my life.
(The prisoner received a good character, and her former mistress engaged to employ her.)
GUILTY . Aged 21.—Recommended to mercy.— Confined Six Days.
WILLIAM CHRISTIE . I am a baker, and have one partner—I live in Queen's-buildings, Knightsbridge—the prisoner was in my service—on the night of the 20th of Oct., between seven and eight o'clock, he was leaving my service and taking away his box—I went to a place in Sloane-street, where he carried his box to, and ordered him back to my shop, and charged him with having something in his box—I examined and found five bags of Hour, and five pots of jam and jelly in his box, and three pots in his hat-box—he said he was very sorry, and begged me to look over it.
Cross-examined by MR. BODKIN. Q. I believe lie had a good character? A. Yes—he had been four weeks in my service.
(The prisoner received a good character, and his uncle engaged to keep him till he got employ.)
GUILTY . Aged 19.— Confined Six Days.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 22.— Confined Nine Months.
ELIZABETH TURNEAUX . I am a widow, and live in Jane-street, St. George's in the East—on the 15th of Oct. I sent my little child to the East India-road with an umbrella—she will be twelve years old next March—she came back without it—it has never been found—she pointed out the prisoner to me.
MARY TURNEAUX . I went out with an umbrella on the 15th of Oct., and met the prisoner at a large linen-draper's shop, at the corner of White-horse-street—she said, was not that a pretty robe in the window—I said, "Yes"—she said she should like her sister's child to have it—she then told me to go to a house, to knock twice, and to say, "If you please, Mr. Rogers, Ann can't come; she is very poorly"—she took the umbrella out of my hand to hold—I went, and when I came back she was gone and the umbrella too—there was no such person as Rogers at the house—I am sure the prisoner is the person, by the lump she has got under her velvet band—I am quite sure she is the person.
Prisoner. I have a lump; but I never saw that child in my life before.
GUILTY .— Confined Three Months.
NEW COURT.—Monday, Nov. 3rd, 1845.
Fifth Jury, before Edward Bullock, Esq.
2094. ANN DAVIS was indicted for stealing 1 purse, value 1d.; 3 half-crowns, 2 shillings, and 2 sixpences; the monies of Richard Baker, from his person; and that she had been before convicted of felony.
RICHARD BAKER . I am a skin-dresser, and live in Flower and Dean-street, Spitalfields. At a quarter before two o'clock, on Sunday morning, the 19th Oct., I met the prisoner in White's-row—she asked where she could get a lodging—I told her I would show her—we walked together not many paces, when I felt her taking her hand out of my left-hand coat-pocket, where I had had my purse containing three halfcruwns, two shilings, and two sixpences—I felt in my pocket, and missed my purse and
money—I told her she had taken it—she said she had not—I laid hold of her hand, and felt it in her hand—the policeman came up and I gave her in charge—she threw herself on the pavement.
SAMUEL EDGINTON (police-constable H 193.) I took the prisoner into custody in White's-row—the prosecutor was there—as we were taking her to the station she attempted to fling something from her—I caught hold of her hand, and took this purse with the money in it out of her hand—she began to struggle violently.
GUILTY . Aged 30.— Transported for Ten Years.
2095. SARAH PAGE was indicted for stealing 9 yards of silk serge, value 1l. 16s.; 2 pairs of gloves, 1s.; 3 yards of linen, 1s.; 1 yard of canvass, 1s.; and 1 piece of worsted needle-work, 1s.; the goods of Philip Davey Scott, her master.
PHILIP DAVEY SCOTT . I am a tailor, and live in Bury-street, St. James's—the prisoner was in my service nearly three months—I swear to the whole of these articles being mine—they were in my cutting-room before they were lost.
AGNES SCOTT . I am the prosecutor's wife. The prisoner was about to leave my service on the 23rd of Oct.—I had missed some articles, and I asked her to show me her box—I went with her and her fellow-servant into her bed-room—her box was not locked—she opened it and I found all this property in it—I asked how she became possessed of it—she laid she had taken the greater portion of ft out of her master's room, and one or two little things out of my bed-room.
MR. SCOTT re-examined. These things were cut off the pieces of silk, and part of this is partly made up into a dress—this piece of needle-work she took out of a drawer she broke open.
GUILTY . Aged 20—Recommended to mercy.— Confined Four Months.
2096. GEORGE BROADLEY and FRANCIS GREGORY were indicted for stealing 1 bag, value 2s.; 2 shirts, 6s.; 4 pain of trowsers, 1l. 10s.; 1 jacket, 12s.; 3 canvas frocks, 7s.; and 1 pair of drawers, 3s.; the goods of Charles Jones: and 3 jackets, 30s.; 3 pairs of trowsers, 2l.; 3 shirts, 6s.; 4 pairs of stockings, 4s.; 3 pairs of drawers, 9s.; 1 bag, 1s.; 1 pair of shoes, 7s.; and 1 flannel waistcoat, 3s.; the goods of Alexander Stevenson.
CHARLES JONES . I am a seaman. On the 14th of Oct. I employed the prisoner Broadley to take my sea-clothes from the ship to the house I live at—he went with me to the door—he delivered my chest and hammock, and took my bag away—it contained three shirts, the trowsers, and other things stated—he employed Gregory to lend him a hand—he brought him with him, and they were both together—it was about eleven o'clock in the morning—I have never seen any of the things since—they went away in a cart with them, and in a quarter of an hour I missed my ag—I had seen it put into the cart—I could not replace the things for less than 3l.
Broadley. Q. Did you employ me? A. Yes, and gave you 1s.—you wanted 2s., and I gave you 1s. 6d.
ALEXANDER STEVENSON . I am a seaman, and lodge at the White Lion, in Old Gravel-lane. On the 14th of Oct. I delivered a bag of clothes to the prisoners to take to the White Lion in the cart—they did not take them—I saw the bag put into the cart—the prisoners were both together—there were six shirts in my bag, three pairs of trowsers, four pairs of stockings, three pairs of drawers, one pair of shoes, and a flannel waistcoat—I never saw them again.
THOMAS RICHMOND . I am a coal-porter, and live in Cross-street. I was employed by Broadley with a cart to take these things—f delivered them, except these two bags, and when I got to the door they were taken out and put into a truck—the prisoners were by at the time, and one more with them—I went into the house, and when I came back I missed the two bags—I do not know what became of them after that.
Broadley. Q. Did I not tell you I was sorry to disappoint you, but they had got a truck, and that would do? A. No—you fetched my cart—you did not tell me when you brought me into the Dock that they had got a truck to take these things, and I was not required.
COURT. Q. Were the things delivered into your cart? A. Yes—when I got to the house and delivered the other things I went in-doors—the truck they had would not carry all—I saw the two prisoners with the bags in the truck, and they and the other man were all three talking together at an oil-shop door.
JOHN COCKIDILL (police-constable H 116.) I apprehended the prisoners—Broadley said he was one of the parties that engaged to take the things home—he denied knowing anything about the two bags—he did not say anything about their having been in the cart—Gregory denied knowing anything about them.
Broadley's Defence. There was a cart engaged and a truck; they were loaded with things; this man and I dragged the truck; when we got to the old man's house we left the cart and went with the truck and delivered the things; the other man took the bags out of the cart and put them into the truck, and we went on with them; he paid us, and took the two bags out; he said he knew where they belonged to, and he was going to take them home to the person, and we saw nothing of them since.
Gregory's Defence. This man asked me to lend him a hand; I got a truck, and then the man came with his horse and cart; when they were all delivered there were two bags, and the man took us on with them to Back-lane, and then he said he would take us no further.
BROADLEY— GUILTY . Aged 35.
GREGORY— GUILTY . Aged 33.
Confined Four Months.
GEORGE BLAXTER . I live in Church-street, Stoke Newington. On the 15th of Oct., about two o'clock in the afternoon, I saw Lee come out of Mr. Gray's shop, and run to Brown and another boy, who was discharged, and they all ran together—I had known Lee before—I called out, and went into Mr. Gray's shop, and he went after the prisoner—I live close by there—I had not seen either of the prisoners before.
Cross-examined by MR. O'BRIEN. Q. Who were the other boys? A. Brown and Alfred Haynes—I had not known them before—I had not seen any of them that day before—I was at the police-office—the other boy was discharged.
Lee. He is swearing false; I never came out.
WILLIAM GRAY . I keep an oil-shop in Church-street, Stoke Newington. On the 15th Oct. Brown came into my shop, and asked for a person named Simmons, a shoemaker—I said I had not the pleasure of knowing the name—he went out, and in about five minutes Blaxter came in, and, in consequence of what he said, I looked, and found my till open, and all the money gone—my money had been in it not five minutes before—there might have been 13s. or 14s. in it—there were half-crowns, shillings, and sixpences—the till was closed when Brown came in—I had occasion to go to it just before, when a little girl came in, and I observed the money was quite safe then—Brown followed the little girl in, and he went out about the same time—he got out first, and she followed him—no other person had come into the shop before Blaxter—I was behind the counter when Brown came in, and then I went into the parlour adjoining the shop—Blaxter pointed to Lee, Brown, and another, who were running up the street as hard as they could, I pursued—there was a phaeton going by—I jumped into that, and did not lose sight of them—while I was chasing them, Brown threw away some money—I saw it roll on the pavement—when I got out of the phaeton, the prisoners were taking some money out of their pockets—I made a spring, and they ran away—I gave chase, and the policeman took Brown.
Cross-examined. Q. Did the little girl purchase anything? A. Yes—I had closed my till when Brown went out, and all was safe—I never lost sight of the prisoners, only for a moment at the bend of the street—the other boy was taken in the chase—he was discharged by the Magistrate—it could not be more than five minutes from the time Brown went out of the shop till Blaxter called to me—I do not know that any one came in after the little girl left—when I came into the shop the till was half open—a person would have to come round, or to reach over the counter, to do that—there was no silver left in it—there were coppers—there were no other persons running except the three boys—I might go a quarter of a mile before I came up to them—I was not in the phaeton when I saw the money thrown away—I got out and made chase, and during the chase he threw the money away—a gentleman found some, and I had it given to me.
COURT. Q. When you saw Brown did you see he was the same person that had been in your shop? A. Yes.
CHARLES GLASS . I live in Church-street, Newington. On the 15th of Oct. I was in my garden, and heard some one shouting out, "Stop him! stop him!"—I looked out at my garden gate, but, there being an angle in the road, I could not see any one—I saw some money on the pavement and in the road—in two or three minutes I saw Mr. Gray return round the angle, and the policeman, with Brown in custody—I said, "What is the matter?"—Mr. Gray said, "I have had my till robbed"—I said, "I have picked the money up"—I handed it to him—there were shillings, six-pences, and one or two half-crowns—there was about 9s. or 10s.
JURY to WILLIAM GRAY. Q. When you got out of the phaeton were they dividing the money? A. Yes, Brown was dividing it with the other—I made a spring, and they began to run.
(Brown received a good character.)
LEE— GUILTY . Aged 16.
BROWN— GUILTY . Aged 17.
Confined Six Months.
MR. PRKNDERGAST declined the prosecution.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
WILLIAM NARROWAY . I am in the service of Mr. James Finney, at Lower Tulse-hill, in Surrey. On the 11th of Aug. my master had a time-piece on the dining-room mantelpiece—I saw it safe at ten o'clock in the morning, and missed it about one—I found the window open, and some marks of a little dirt on the window-cill, which was very unusual—they were footmarks—there was a little wire blind, which had been taken off the window and placed on the carpet—a person could not come inside without opening the blind—I heard no more of the time-piece till I saw it on the 23rd of Sept. in the possession of the policeman—this is it—there is a garden in front of the house.
Cross-examined by MR. PRENDERGAST. Q. You have no doubt of the identity of the time-piece? A. None—I know it because the brass spring of the pendulum came apart, and it has been mended by a clumsy hand—here is a rivet here.
MR. DOANE. Q. Does it correspond in all respects with your master's? A. Yes—I have not the slightest doubt it is his.
THOMAS DRENT . I am in the service of Mr. Sowerby, a pawnbroker, in Chiswell-street. On the 22nd of Sept. the works of this time-piece were brought to our shop by a woman named King—I had received information, and declined taking the works in—King's husband afterwards brought the outside of the time-piece.
Cross-examined. Q. Are you much acquainted with the value of these things? A. Not very much—they differ very greatly, and change in value very much—I should expect this would fetch me 5l., but I would not give that for it—here is Gantling's name on the face—the works appear of German work, but the more I look at it the better I like it—it would appear at first sight not to be worth as much as it is—Gantling is a very good name on time-pieces.
JAMES BRENNAN (police-sergeant G 20.) I saw Mr. King on the 22nd of Sept., and I received this time-piece—I accompanied King to the prisoner's residence, in Threetun-court, Wentworth-street, Whitechapel—it is a very humble place—he lives in a two-roomed house—there is a little bench under the window—I told him I had come to take him into custody for having a stolen time-piece in his possession, which he had sold to King, who was there with me—he said he was deaf, and I repeated the words in a loud tone—he then said, "I bought it here for 35s. of a traveller"—he
said, "I often buy things of persons I don't know"—I took him to the station, and he repeated his statement—the time-piece was then at the station.
Cross-examined. Q. I believe you made inquiries about the prisoner? A. Yes—he bore a very excellent character up to this time—I found no property of any description there.
Cross-examined. Q. You have known the prisoner? A. Yes, nearly twenty years—he has always borne a good character—he is a jobbing watch-maker—he does not understand the value of these things, only common watches—I have been in the habit of repairing the best watches for him—he wanted 3l. 10s. of me for this time-piece—he was not at all anxious to get out of the way,
NOT GUILTY .
2100. WILLIAM BARNES was indicted for stealing 144 camel-hair brushes, value 5s.; and 10 mathematical instruments, 5s.; the goods of Frederick William Rowney and others, his masters; and WILLIAM WRIGHT for feloniously receiving the same, well knowing them to have been stolen; to which
BARNES pleaded GUILTY , aged 27, and received a good character.
Confined Three Months.
MR. DOANE conducted the Prosecution.
FREDERICK WILLIAM ROWNET . I am an artist's colourman. I have three partners—Barnes had been inour service about six years, first in the factory, and afterwards as a kind of light porter—I had some job-work done to our premises four or five months ago—Wright was employed there, and he would have the opportunity of getting acquainted with Barnes—this property (looking at it) is ours—I never authorized Barnes in any way to take our property, or to dispose of it—here are twenty-five dozen of brushes, some mathematical instruments, some water-colours, and a packet of bronze—these are such as we deal in—I cannot swear to all of them; but I can to some part of these brushes and these instruments—the value of what I do swear to is about 2l. 10s.—these brushes are worth about 7s.—here are other brushes, which are of a similar nature to those we sell.
Cross-examined by MR. PAYNE. Q. How many persons had you in your employ at that time? A. I think thirteen—I am certain 144 of these brushes are ours, and these instruments—they are worth more than five shillings—these are not in a perfect condition for sale—we never sell them in this state—they are imperfect sets—there are other instruments wanted.
MR. DOANE. Q. Have you missed any of them? A. Yes, I looked at the box and found some imperfect sets were gone.
THOMAS ENGLISH (police-sergeant C 4.) I was on duty three or four weeks back in Edward-street, Wardour-street—I saw the prisoner Wright, whom I knew, go into Mr. Waltham's shop several times—I had some conversation with Mr. Waltham, and on the 27th of Sept. I received this property from Mr. Waltham—on the 2nd of Oct. I took Wright into custody—he and Barnes were afterwards both standing in the dock at
Marlborough-street police-court—I then asked Barnes if that was the man who had been receiving those goods—Barnes said, yes it was—Wright did not make any observation whatever.
Cross-examined. Q. How do you know Wright heard it? A. He must have heard it; he stood within two feet of him—it was in the dock, before they went into the Court.
JOHN WALTHAM . I am an oil and colourman, and live in Edward-street, Wardour-street—Wright has dealt at my shop occasionally from time to time—I received this property from him two months ago, I think—I cannot say what I gave for them—they came at separate times—these instruments, and the gross of brushes, and a can of varnish, I gave about 2l. 1s. for—he handed me this paper, and said he should have those things on the morrow—I wrote upon the paper—I bought some things after I had this paper, and some before—I wrote these two items on the paper in consequence of what I had said to the policeman.
WRIGHT— NOT GUILTY .
ELIAS BRUCASS . I live at Brentford. The prisoner married my daughter Mary Ann at Hanwell church rather more than twenty three years ago—I was present and saw them married—my daughter has been living at Paddington for the last six or seven years—she is here now.
Cross-examined by MR. BALLANTINE. Q. It is not your daughter that institutes this prosecution? A. No, she kept out of his way—they had not seen one another for thirteen or fourteen years—she did not trouble him, nor he her—she never looked after him—she walked off without giving him notice.
Cross-examined. Q. I believe you did not want him prosecuted? A. No—I have been living by myself these fourteen months.
Cross-examined. Q. I believe there was some squabbling between Sarah Fox and him, and some one pounced on him for the bigamy? A. Yes.
NOT GUILTY .
WILLIAM HARWOOD . I am shop-boy in the service of Mr. Thomas Robins, of Hereford-place, Commercial-road. I am thirteen years old—between eight and nine o'clock on the night of the lu'lh of Oct., I was in the shop—a girl came in and spoke to me—I ran out and saw the prisoner with some brushes under his arm going towards the New-road—he turned and saw me and ran on—I ran after him, but did nut catch him—when I
got back to the shop I missed five brushes, which had been hanging up, fastened by a string to the door-post.
CHARLES MANSELL . I am fourteen years old—I live wjth my father in Russell-street, Old Kent-road—between eight and nine o'clock that night I was coming down the Commercial-road, and I saw the prisoner, whom I knew before—he crept on his hands and knees under the window, pulled at the brushes twice, and got them the third time—he put them under hit arm and got out at the same comer again—I saw Harwood run after him, but he did not catch him—about ten minutes after I saw the prisoner and pointed him out to Mr. Robins—the prisoner saw me and ran off, and Mr. Robins after him.
THOMAS ROBINS . I am a brush-maker, and live in Commercial-road—about six o'clock on that evening I left home—I came back about nine o'clock—I had had six brushes hanging on the door-post—I had fold one and left five—the prisoner was pointed out to me by Mansell—he ran off and I ran after him—he ran past Mr. Mear's—Mr. Mear's man joined me and we took him—the brushes have not been found—when we got to the station the boy said there were six brushes—the prisoner observed there were only five.
Prisoner's Defence. I was standing against the butcher's shop, talking to two little boys who sell rings; they went and stood by the picture-shop, and about half-past eight o'clock there was a cry of "Stop thief!" I ran after them, and this man laid hold of me.
GUILTY . Aged 15.— Transported for Seven Years.
(There was another indictment against the prisoner.)
GEORGE GLAZIER . I keep the Queen's Head in Cambridge-road—on the afternoon of the 15th of Oct. the prisoner came with ten pieces of paper under his arm—there were two men in my house about ten minutes before—the prisoner told me that he had taken it over the way to Mr. Reed, the paper-hanger, that it was made for him, but he had not got the money to pay for it, and would I buy it—I said I did not want it—I took it to a builder at the back, and he told me to buy it—the prisoner said he was a manufacturer and worked for himself—he and the other two men were then together—the other men said it was cheap—I bought it of him for 6s. 8d., and gave it up to the policeman the next day—this is it.
Cross-examined by MR. HORRY. Q. Is Mr. Reed here? A. Not that I know of—he lives just opposite me—Reed produced a bill of parcels—I believe it was torn.
WILLIAM HENRY EABDEN . I am in the service of William Roper, the younger, a paper-stainer, at Shadwell—the prisoner was in his employ—I saw him on the premises on the 14th of Oct., between eleven and twelve
o'clock in the day—this paper is the property of Mr. Roper—I tied it up—the prisoner had on one occasion purchased six pieces of paper at 9d. a piece—he came to me on Monday morning the 13th, and said he wanted some paper for a job of his own—I told him there were ten pieces which he might have at 11d. a piece, referring to this lot—he refused them, saying they were too dear—on the morning of the 15th I saw Mr. Roper and Mr. Reed—I went to Mr. Glazier's and saw this paper there—I then went to the factory and set the prisoner to work—Mr. Glazier came and identified him as the man who sold him the paper, and I gave him in charge.
Cross-examined. Q. Was it on Saturday or Monday he spoke about the paper? A. I am certain it was on one of those two days—he had not had more than one lot of paper of me before—I am the only person authorized to sell—I do not know of any person who sells at home but Mr. Roper and myself—I know the prisoner was not sold any other paper before, because I pay him his wages piece-work every Saturday night, and if he had had paper on any other occasion I should have detected it—when he said this paper was too dear I did not say, "Do as you like"—I swear I have had no dealings with the prisoner for paper, beside what I have spoken of.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN LOUIS SEATON . I am a house furnisher, and live in Frederick-place, Hampstead-road. The prisoner came into my employ on the 21st of July, and remained till the 10th of Sept.—on the 9th of Oct. I looked over my shelves and missed some moreen—I have seen this which is produced by the pawnbrokers—it is similar to what I missed, and the paper has my writing upon it—it is the same that the moreen had on in my stock.
Cross-examined by MR. DOANE. Q. Are you aware he was about to be married? A. I understand so—I had no reason to complain of him till that time.
JAMES PALMER . I am shopman to Mr. Chapman, a pawnbroker, in London-street—on the 11th of Sept. I took in this drab moreen of the prisoner, and saw this piece of green moreen pawned by him for 1l.—it was in this paper, which has Mr. Seaton's writing upon it.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy.— Confined Six Months.
RICHARD SIMMONDS . I live in Park-street, Dorset-square, and am a cheesemonger. Between nine and ten o'clock on Saturday night, the 25th of Oct., I lost a piece of bacon from the middle of my shop—there were two or three people in and out—at a little after one o'clock on Sunday morning I was called up, and the policeman had my bacon.
GEORGE HEMBURY (police-sergeant D 12.) At half-past eleven on that Saturday night I was called to Mr. Andrews's shop in New-street, Dorset-square—he accused the prisoner of stealing a packet of brown soap, but he did not give her in charge—I asked where she lived, and went home with her—I then took her to the station, and her husband went with her—in going along I saw the prisoner push a piece of bacon under the flap of har husband's coat—I asked what she had got—she said, "Bacon, which she had bought at the comer of Crawford-street"—I showed it to Mr. Simmonds, and he knew it by the bone.
Prisoner. Q. He said he could not swear to the bacon? A. He said he could swear to it.
Prisoner. Q. You said you could not swear to it, but you believed it to be yours? A. I told them I could swear to it.
Prisoner. I bought it for 1s. 6 1/2d.; he said he cut some off and sold it to a woman, and he did not know who it was. Witness. On that Saturday night I called my wife to serve 3d. worth of eggs—there was no ope eiae served but myself—I cannot swear whether I saw the prisoner in the shop—there was a stranger came in for two eggs who I suspected had the bacon.
JOSEPH NIFTON (police-constable D 17.) I produce a certificate of the prisoner's former conviction at Clcrkenwell by the name of Eliza Moody—(read—Convicted the 11th of March, 1845, and confined three months)—she is the person.
GUILTY . Aged 40.— Confined Six Months.
THIRD COURT.—Tuesday, Nov, 4th, 1845.
Third Jury before Edward Bullock, Esq.
GUILTY . Aged 17.— Confined One Month.
QUESTED— NOT GUILTY .
WYATT— GUILTY. Aged 48.— Judgment Respited.
NOT GUILTY .
GUILTY on the second Count,— Confined Four Months.
CASHIM (sworn on the Koran.) I come from Penang, Malay country—I am a seaman on board the ship Eliza, which was in St. Katherine's Dock. I went before the Magistrate on the 27th of Sept.—four days before that the prisoner came to me on board the ship, and asked if I had anything to sell—I said I had got some silk handkerchiefs which I had brought from China—I showed them to him—he asked what I would sell them for—I said, "Ten rupees each piece"—he took four pieces, and asked what else I had got—I said, "Some fans"—he asked how many—I said, "Three dozen"—he asked how I sold them—I said I would sell them all for twenty rupees—he asked if I had any cigars—I said, "No, not for sale"—he took the handkerchiefs, and gave me six sovereigns and four shillings, as ten rupees—he said nothing at all about them—I believed the money was good, and let him have the four pieces—that made eighty handkerchiefs—I kept the money about two hours, when some Lascars came on board—they saw the money the prisoner gave me—I went to change it, and found it was all bad—I gave it to Mr. Dent.
Prisoner. I never saw the man before; I was at work at the West India Dock at the time it happened. Witness. I am sure he is the man—it was between ten and eleven o'clock in the day time—I am sure it was four days before I went before the Magistrate,
CHARLES DENT . I am one of the officers of the ship Eliza. I saw the prisoner on board on Wednesday, the 24th of Sept., close on eleven o'clock—I only saw him come up the port, and go down into the forecastle with Cashim—I heard none of their conversation—Cashim gave me the medals—on the Saturday after I went with him up Chapman-street, and found the prisoner—a black fellow had laid hold of him—they had been waylaying him from the Wednesday—there was a quantity of people round—I showed the money to the prisoner—I called a policeman, who took him in charge—I gave the policeman the same medals that Cashim gave me.
SILVANUS GILL (police-constable H 55.) The prisoner was given into my custody by Mr. Dent—the prisoner said they could do nothing with him, they were not coin at all—he made use of the roost violent language—in going from the station-house to the office, he told me he was not the man that did it, but he knew who it was—I produce the pieces which Mr. Dent gave me. (These were brass counters or medals.)
MR. DENT re-examined. I know these to be the pieces I gave to Gill.
CASHIM re-examined. I know them—the prisoner gave them to me.
Prisoner's Defence. I have witnesses to prove I was at work at the West India Dock at the time.
SAMUEL BURRIDGE . I hold a situation in the West India Docks. I know the prisoner by employing him occasionally—I know by my books, which I have here, that he was employed by me in the West India Docks on Wednesday, the 24th of Sept.—he was employed for some time off and on, by the name of William Simmons—he is the person—I employed him from the 19th of Sept. to the 26th—on Wednesday, the 24th, he was employed from half-past seven o'clock in the morning till a quarter or twenty minutes past six in the evening—I had not my eye upon him the whole time, but there was no means of his getting away—they cannot leave the Dock without a pass—I muster the men at a quarter or ten minutes to one
o'clock, in the middle of the day, and again at the close of business—he could not get out of the Dock without a pass from me—there is a police-man at the gate, and no man, if out, could get in again—I did not give him a pass that day—they must come and ask me if they want to go away—I can say that he never asked me for a pass on that day—there ii no way of getting out except through the gate—ours is an import dock, and no one is allowed to go in or out, unless they sign a book at the gate, stating what business they are going on—they cannot get on to the river by a boat—if a man was to leave his work he would he missed directly—I make a calculation each day for the next day's work, and if I have more men than I shall want I pay them off at night, and if I want more I take them on—each man is stationed at a certain place; and if one leaves his station, the party from that place comes aud reports to me that there is a man short.
JOHN HARWOOD . I keep a coal-shed, and work as an extra labourer in the West India Dock. I know the prisoner—I was at work with him on Wednesday, the 24th of Sept., from eight o'clock in the morning till six at night—he was there all the time—he was not five minutes together oat of my sight—he was never out of the Dock that day—there is no getting oat without a pass—we get our dinner in the Dock, at twenty minutes before one—we do not go out of the Dock—we stand and eat it where we are employed.
DANIEL BAKER . I am a labourer. On Wednesday, the 24th of Sept., the prisoner was at work with me in the Dock, from eight o'clock till six—he was at work at a jigger, heaving up in the warehouse—he might be occasionally going away to the water-closet, or such as that, but not for above a quarter of an hour—we had six men heaving up; and when a gang-man is placed at that sort of work they cannot go away from it—he was never away more than a quarter of an hour—he was dressed much the same as he is now—I bad seen him before—I did not know him by any name—I do not know his name now exactly, but he is the man—there are a great many men there—I think he was called Somerfield, Simmons, or some such name.
CHARLES DENT re-examined. The ship laid about two miles from the West India Dock—none of the property has been traced—I had never seen the prisoner before to my knowledge—I am sure be is the man that came on board, and there was another with him—he was dressed as he is now—I can swear to that jacket—he came through the foremost porthole but one—a person could get out of the West Indian Dock by getting into a barge which is going out, or by following a truck out behind—it would not be possible for a man to get from the West India Dock to our ship and back again in anything like a quarter of an hour—I am certain it was close on eleven o'clock that the prisoner came on board—I saw nothing of the purchase—I only saw him come on board and go down forward—I did not see him go away—I have not the least shadow of a doubt that he is the man—I am quite satisfied of it—it is a usual thing for men to come on board when a ship comes home—anybody can come in and out—I am third officer of the ship—I had some things stolen from my cabin while the ship was lying there.
SAMUEL BURRIDGE re-examined. I can positively swear the prisoner was never out of the dock the whole of that day—there was no possibility of his going out with a truck—there are always a certain number of men (three) sent with a truck, and it never goes off the premises, but straight
over to the cooperage-yard, and there is a constable at that gate, so that no man could leave in that way—if the prisoner had been a quarter of an hour absent I should have known of it—I was all over the premises that day, and have to overlook all the men employed at warehouses No. 3 and 4—I have the stationing of all the men—there are 400 or 500 men under my notice—after placing them in the morning I go round to each foreman to ask if they are all right, and if they have got their quantity of men, and how many—I allow a certain number to each ship—the prisoner was stationed at a jigger, heaving up the casks to house—there are only six men at a jigger, and if one leaves they cannot go on with the work—he must have been missed—they could not get another hand to supply his place—each man has his station—he could not have got out by a barge—no lighter-man dare take a man on board—each lighter has a pass to go out, and it would be known to the police—there is no possibility of a man's leaving the dock from morning till night.
GUILTY .* Aged 39.— Transported for Seven Years.
(The prisoner had been previously convicted of felony, and sentenced to seven years' transportation.)
NOT GUILTY .
NEW COURT.—Tuesday, November 4th, 1845.
Sixth Jury, before Mr. Common Sergeant.
PHILBY GENT . I keep a beer-shop—the prisoner was in my service—if he received any money he ought to pay it to me when he received it—if he received 5s. on the 19th of Aug., and 1s. 6d., part of 6s. 6d., on the 24th of Sept., he has not paid me either of those sums.
Prisoner. I asked him whether he would take the money, and I took it back. Witness. He did not—I asked him repeatedly whether he had received it, and he said, no—I should not have known it had I not written for the money.
Prisoner. This gentleman did not pay me at all. Witness. Yes, I did.
Prisoner. I took the 5s. back to this gentleman and offered it him; he would not take it. Witness. He came and offered me the 5s. back about a fortnight afterwards, and I said it was a matter settled, I should not take it—he came and said his master was dissatisfied with the price of the sand, and he offered me the money back—it appeared to me that some inquiry had been made, as a letter came just after he offered the 5s. back.
NOT GUILTY .
morning of the 2nd of Oct. I missed a rabbit from one of my hutches—this is it—my hutches were shut up.
Prisoner. A man sent me in to sell it.
GUILTY . Aged 16.— Confined One Year.
GEORGE RICE . I am in the service of Mr. John Briant, a baker—on the 25th of Oct. I was in the bakehouse, about three o'clock in the afternoon—my mistress called me to run after a boy—I taw the prisoner running with a loaf—I cried "Stop thief!" and he threw the loaf down—he was caught and brought back.
DANIEL KINEN (police-constable D 91.) I produce a certificate at the prisoner's former conviction at Clerkenwell—(read—Convicted 11th Feb., 1845, and confined three months)—the prisoner is the person.
GUILTY. Aged 14.— Judgment respited, to be delivered to his parish.
WILSON CARTER . I am a coalmerchant, and have a wharf at Paddington—the prisoner was in my service—on tie evening of the 18th of Oct., at half-past seven o'clock, I saw him coming out of my premises with large bundle on his shoulder—I suspected he had been robbing me, and followed him that I might fall in with a policeman, but I did not—I followed the prisoner to his house, and saw him go in—I found an officer and went with him to the prisoner's house, and found this coal in his house—I had seen he was carrying coal, for he fell down in his way, and I am sure it was coals he had—they wen wrapped in this horse-cloth, which Is mine.
Prisoner's Defence. They were left under the bank; I did not thak it was robbing my master; the horse-cloth I should have put back in the morning.
GUILTY . Aged 32.— Confined Four Months.
REST STRONACH . I had three men at work on Monday, the 20th Oct, about three o'clock—I saw the two prisoners—I saw them go along ami watch the man's cottage—presently I saw them jump up the bank and go away—I went to Cook—the prosecutrix missed her shawl and
my shift—I and my brother then ran after the prisoners—Newman got off, but Robinson was caught by a man who delivered him to me and another—as we could not find an officer we took him towards the canal-bridge—he jumped clean over the canal, a distance of nearly fifteen yards, and got off, and we very nearly got well lathered by a parcel of fellows who wanted to rescue him.
JAMES EVANS . I heard a cry of "Stop thief!" about three o'clock—my cottage is directly opposite Cook's—I ran out and looked all ways—I could see no one—there is a back path which Cook's garden prevented the sight of—I conjectured they must have gone that way—I ran on, and saw the two prisoners, and Stronach and his brother running as hard as they could—I picked up this shawl on my return, lying in a ditch—the prisoners had passed that spot exactly.
FRANCIS MANSER (police-constable S 87.) I produce a certificate of Newman's former conviction at Clerkenwell—(read—Convicted 28th Jan., 1845, and confined three months)—the prisoner is the person—he was a regular associate of thieves—after he got out of prison he went to work about two months, and since that he has got to his old companions again.
ROBINSON— GUILTY . Aged 17.— Confined Six Months.
NEWMAN— GUILTY . Aged 19.— Transported for Seven Years.
PHILIP UPTON . I am in the service of Edward Tanner, of Lamb's Conduit-street. About five o'clock in the afternoon, on the 1st of Oct., the prisoner came to the shop and asked if I had a pair of shoes I could sell him which would do for waiting—I said I had, and I gave him a chair—while I was getting the shoes I heard a noise of some women's shoes which hung behind where he sat—I took no notice, but found some shoes to fit him—I then went on the stairs, and observed him take a pair of shoes from a rail behind where he sat, and put them under his jacket—I found a pair of shoes to fit him, and asked 5s. 6d. for them—he offered me 5s., which I refused—he went out—I followed him, and, not finding an officer, I persuaded him to come back, to see if we could not come to some terms—I then offered him the shoes for 5s.—he said they were not the same shoes—he went to the same chair where he had been sitting, and, fell down, and these shoes dropped from him—I swear they dropped from him.
Cross-examined by MR. PRENDEROAST. Q. If he did take them he must have seen that you were looking at him? A. When he first came in, I thought he was intoxicated, and when he took the shoes, I thought what a barefaced fellow he must have been—it appears he was intoxicated, from what I have heard since—any one with their senses would have seen I was looking at him—the second time there was a lady looking at him, and he knew I was behind him.
COURT. Q. Might they have fallen from the rails? A. It is possible.
NOT GUILTY .
MARY COLLINS . I am in the service of Mr. George Adam Lurby, who keeps the Salutation public-house; the prisoner was his pot-boy. On Sunday morning, the 26th of Oct., at half-past seven o'clock, I came down stairs—the bar was closed, and I went to light the kitchen fire—I came up again in about ten minutes—the top sash of the bar door was open, and I saw the prisoner drawing the brandy into a quart pot—I said, "William, what are you doing?"—he said, "I am only drawing a little brandy; it is a very cold morning; don't say any thing"—I went down, and came up again in five or seven minutes—the bar door was closed then, and he was in the parlour—I went to go in, but he put his arm across the door and snid, "Go down stairs"—I went down, and in a few minutes after I was in the area—I saw a man go out of the door—the prisoner came down and filled a pint bottle with brandy out of the quart pot—he left about a tea-spoonful—he asked me to drink—I said no, it would make me sick—he said, "You are not half a one; Sarah, the last servant was the one to drink brandy; she drank so much one morning that she left drunk"—it is not the business of the pot-boy to draw brandy, nor even to go into the bar, except to clean the counter—I saw the man go out of the house—I saw the prisoner let him out.
Cross-examined by MR. PARRY. Q. Did you say at the police-office that you saw the prisoner let him out, or that you heard him go out? A. I heard him go out, and I saw his feet go across the rails—this occurred on Sunday morning, and I told my master on Thursday—I did not like to tell him on Sunday—I had only been there a week—I was in my last place for nine months—that was a public-house—I have said before that I saw the prisoner put the brandy into a pint bottle—I have had no quarrel with him, further than I asked him one day to fill a very large iron kettle, and he told me to fill it myself—I said, "You emptied it, William; fill it"—I never spoke ill of him to any one—I never drink brandy.
Cross-examined. Q. Did he not say it was all spite? A. Yes, that he was quite innocent, and it was done for spite, nothing else.
NOT GUILTY .
RICHARD BICKERTON . I am a grocer and cheesemonger, and live in the Broadway, Hammersmith; the prisoner was my shopman. On the 14th of Oct. two persons came in, and tendered him half-sovereigns—he first asked my son, in my presence, for silver to make up change for a half-sovereign which he said was paid to him, and he gave him 6s. to make up the change—soon after another half-sovereign came, and he asked my daughter for the change—there ought to have been two half-sovereigns in the till—I examined the till directly after, and neither of the half-sovereigns were there—if he put them in he could not get them out—the tilt was locked—I should have given him in charge that evening, but he absconded.
Cross-examined by MR. DOANE. Q. Did you see any half-sovereigns paid to him? A. I saw the lady offer him the second half-sovereign, and heard him ask for change—I will not swear I saw the half-sovereign in his hand—I should think not a quarter of an hour elapsed before the second half-sovereign
was offered—I did not see that half-sovereign in his hand—I heard him ask for change—I do not know whether the persons changed their minds, and said they had silver.
COURT. Q. Did he return the silver that was lent him? A. No, and there were no half-sovereigns in the till when I went to it.
GEORGE LOWE (police-constable T 50.) I found three half-sovereigns in the prisoner's box—I told him I took him for the two half-sovereigns—he made no reply—he did not tell me that the people had not paid the two half-sovereigns.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined One Year.
2120. THOMAS LANCASTER was indicted for feloniously uttering, on the 4th of Oct., a forged acquittance and receipt for 1s. 4d.; also, on the 26th of Sept., a forged acquittance and receipt for 1s. 4d.; also, on the 4th of Oct., a forged acquittance and receipt for 1s. 4d.; with intent to defraud Hannah Hitchcock: 2nd COUNT, with intent to defraud Edmund Pontifex and another; to all which he pleaded
GUILTY . Aged 23.— Confined Two Years.
MR. ROBINSON conducted the Prosecution.
JAMES HASTED . I am a wheelwright, and live at Gunnersbury-park, near Kew-bridge. I know the prisoner—I had dealings with him on Mr. Millington's account—I recollect seeing him in Aug. last—he called for the account, and I paid him 3l. on account, and there was 17s. 6d. left—I cannot say on what day it was—he gave me a receipt—this is it.
Cross-examined by MR. BALLANTINE. Q. The prisoner was a traveller for the prosecutor? A. Yes—I did not know the prosecutor before I saw him here—my custom was obtained for the prosecutor through the prisoner—he has attended to the interest of Mr. Millington—he has not met me late in an evening—I do not know whether I live twelve miles from Mr. Millington—it is six miles from Hyde-park-corner.
DANIEL COOPER . I am a grocer and oilman, and live in Little Bath-street, Clerkenwell. I know the prisoner—I have had dealings with him on behalf of Mr. Millington—in Aug. I paid him 3l. 2s. 7d.—he gave me a receipt.
Cross-examined. Q. How long have you known the prisoner? A. I should say five years—he introduced me to Mr. Millington—I have only seen the prisoner by his coming to my place.
ROBERT CABLE . I am a painter, and live at Clapham. I know the I prisoner, and have had dealings with him on behalf of Mr. Millington—in the beginning of August I paid him 2l. 12s. on behalf of Mr. Miliington.
Cross-examined. Q. How long have you known the prisoner? A. I cannot say, perhaps two years—I never knew Mr. Millington—I dealt with him through the prisoner—I did not know that the prisoner left Mr. Millington, and went to another person in the same trade, before they preferred this charge.
live in Bishopsgate-street. The prisoner was in my service as town-traveller and collector—his duties were to go round and take orders, to receive money for goods already sold, and to come in the evening to the counting-house, to enter them in a book, and obtain my initials to them—he was to enter the orders and the payments in a book, and to hand the money to me, or to any one there for me—my clerk was authorised to receive the money—supposing he paid the money to any one else, he ought to have made the entry in the book—if he had paid Mrs. Millington, she would have received it, and he ought to have entered it—this is the book—here is an entry in it, "Cash from J. Hasted, 2l.," on the 28th of August, in the prisoner's writing—I should say I did not personally receive that money, but I have had it—I do not find any entry of Mr. Cooper's or Mr. Cable's accounts in August, nor any entry of those amounts paid by them after August.
COURT. Q. He had access to this book at all times? A. He always knew where to find it.
Cross-examined. Q. How long has he been in your employ? A. Three or four years—I had a large business without him—it happens that these three customers have been obtained by him—they have been very small customers—the prisoner was paid by commission—the rate of commission varied—it was ten per cent, on varnish, and five per cent, on dry colours—there was no time fixed for the payment of the commission—we usually settled every Saturday.
Q. When you made the agreement about the commission, was any time fixed for settling that? A. I cannot tell—we had no agreement—I paid him as other servants, every Saturday night—there was no agreement that I should pay him every Saturday night—I do not recollect whether I took him without any agreement as to the time he should be paid—the first entry that I have of paying him is the first week after he was with me, and I have continued to pay him every Saturday night, as far as I was able—I paid him by calculating the amount of goods sold or paid for—he had commission on the goods told, whether paid for or not—I paid him the commission on the goods sold regularly till lately—he has lately been so irregular in his attendance that I have had no opportunity of settling with him—I should say that I did not get in arrears for his commission in consequence of that—I paid him what I considered was due to him every Saturday night—his calculation and mine did not disagree—he has not applied to me for a considerable sum that he says I owe him for commission—he did not apply for 8l. or 10l.—he did not before he left ray service apply for wages that I owed him—he applied for a settlement, and I told him to produce his account—he did not, to my recollection, say that by a settlement I should have to pay him money—he applied for a settlement, without knowing whether he owed me or I him—a settlement has been mentioned between us more than once, but mostly by myself.
Q. I believe you charged him with drunkenness, and in consequence of that he left your service? A. I discharged him a great many times, and afterwards took him again when he promised to amend—the last time he left me he absented himself on the 29th of Sept.—if that was on Saturday I paid him a sum of money—I believe it to have been on a Saturday—it was about the 29th of Sept.—I did not know that he went to another person and got employ in the same trade—I know it now—I cannot recollect
the date when I gave him into custody—it was on a Monday or Tuesday morning, about three weeks ago—I have both a retail and whole-sale business—my wife is not well—she has been in bed nearly half the day every day—Dr. Bushey is attending her—I have a certificate from him—I know of her being subpœnaed here—I think it was last Monday week—this certificate was written on Sunday last, or sent to me on Monday morning—I was provided with a certificate last week—this is the second I have had.
Q. Has not your wife been down into the shop at all? A. She passed through the shop to go out of the house—she has not been out of the house the last ten days—I do not know whether she has been in the shop since I have been here—I had not the curiosity to ask how she was—I could see how she was—a day or two ago she could not speak—she has a very bad cold—her illness is the reason of her not being here—I have never given any other reason—I know Joe—he is not in my employ—I saw him on the 1st of this month—I never said anything to him about my wife coming—eight o'clock is our usual time for closing our shop at night—the prisoner has been there as late as eleven o'clock, but there was no reason for it in my opinion—he had no carriage—he was obliged to walk—he had no money for carriages—he went where he liked—I live at No. 87, Bishopsgate-street Without—I think Mr. Hasted said Kew was only five or six miles—eleven o'clock was too late for him to arrive, in my opinion—there is no necessity for any one to call on painters at eleven o'clock at night—my wife is frequently in the habit of handing money to me, left by my clerks and other parties—I believe she once handed me a sum received from the prisoner—I cannot say to what amount.
Q. Do you not know that on several occasions, when the prisoner has come home late to his own lodging, he has sent money home? A. He has the next morning, monies received previously—he has sometimes sent a memorandum of the places where they have been received, and sometimes not—I have entered it in my cash-book—"Jones's credit," in pencil, till I saw him—I have not made entries in this book that is here—I believe not at all—I do not know of any entries in bulk made in it—if he had received money from different people I have entered it in my own book so—this entry of the 2l. is in his writing—when he entered a sum it was usual for me to put my initials to it in this book—that is not the case all through the book—this entry is not signed—I could not have received it from him personally—I do not charge him with keeping this 2l., but of keeping 1l.—I cannot tell from whom I received this—if I received it from another person or from him, I cannot tell why my initials are not to it—if I found this two years hence, and my initials not to it, I should not charge him with keeping this, because it is in my cash-book—I entered it in when I received it—I cannot tell from whom I received it, or what account was given of it at the time—here it is in the cash-book—"J. Hasted, on account"—I very frequently put "on account," when it is not a settlement—this is not copied from the entry in the other book—I find no entry in the cash-book of these other two sums—I think the last time the prisoner left me was in July—I frequently sent after him, to know if he was coming to business I discharged him several times, and took him on again.
Q. After discharging him the time before the last, did you send to
request him to come back? A. Not till after he was reengaged—his daughter and his wife come to request, on several occasions, that I would take him on again—I did not send after him before they came to me—he did not say he would not come back till my account was settled.
MR. ROBINSON. Q. Is it true that Mrs. Millington is not able to be here? A. It is—I received money from her once—I cannot tell whether that was entered in the prisoner's book—she told me he went into the counting-house, was there some time, and she supposed he entered it—that is two or three months ago—there was no amount at all due to the prisoner when he was discharged—if Mrs. Millington received money, it would have been the prisoner's duty to have gone and entered it himself.
ARTHUR CORTISSOR . I am in the prosecutor's service. The prisoner paid me in August, when Mr. Millington was away, 6l. 15s.—he has not paid me any money received on the 4th of Aug. from Mr. Husted—he has not paid these sums from Mr. Cooper or Mr. Cable—he paid me other money, which he placed to other accounts, and they are entered in this book—the persons he entered them to owed us money.
Cross-examined. Q. On the 4th of Aug. was any money accounted for at all to you? A. I cannot state whether any was on that particular date—I did not receive any money from him on the 4th of Aug.—I cannot tell, without referring to the book, whether there are any entries of money that he paid me—I used to enter for him when he was too ill—he was not tipsy, but his hand used to shake so much from having been tipsy—I only judge from seeing no entries of mine that he did not pay me money—I do not know that I have made mistakes over and over again, or have applied to persons to pay bills, and it has turned out that they were paid.
Q. Do you mean you have not charged persons a second time for their bills, and found that the money has been paid? A. Not myself—I do not know anything about my roaster—the prisoner had a good round to make—he went where he liked with his orders—he used to say he took a very large circuit—it was according to how many he took in one day—he very often was not at home when I left—my master was not at home sometimes, but I generally left him in the office—I have not received from the prisoner's little girl any sums of money in a mass—I have not seen my master do so.
MR. ROBINSON. Q. When you made these entries, has the prisoner been present? A. Yes—I have not made any when he has not been present—I do not find in Aug. any money paid by Mr. Hasted, Mr. Cable, or Mr. Cooper—whatever money I have received I have always paid over to Mr. Millington.
NOT GUILTY .
2122. ALEXANDER ATKINSON and GEORGE ANDREW GILL , were indicted for stealing 20 yards of canvas, value 15s.; and 3cwt. of rope, 15s.; the goods of James Arthur Cox, the master of Atkinson, on board a certain vessel.
CHARLES YOUNG . I am captain of the William Wilson, which was in St. Katherine's Docks—James Arthur Cox is the master. I employed Atkinson on board on the 16th of Oct.—I went away that day, and on my return, about three o'clock, I found one of the sails had been cut, and part of it gone, with some rope; and Atkinson, who was left in charge of the
ship, was in a beastly state of intoxication—about twenty yards of the sail was gone—I found part of it in the cabin—I have not seen the rope since.
Cross-examined by MR. HORRY. Q. Atkinson was ship-keeper, but were there other persons on board? A. Yes, three others—Atkinson had to clean the cabin for the painter.
GEORGE GOODWIN . I am a painter. I was painting the vessel between decks on that day—I saw Gill come up out of the hold, with some rope and canvas—he tied the canvas up wilh a piece of cord, and took it on the main deck—about an hour afterwards he brought up some more, and took out his knife and cut it up—I cautioned him about it—he said, "It is all right, I can get out without a pass"—I do not know where Atkinson was.
WILLIAM LADD . I was on board—the prisoners both came down, very drunk, and Gill asked me if there were not two back stays—I said I knew nothing of them—he said, "It will be 10s. in your pocket"—I said, "It will be two 10s. out"—Atkinson was so drunk, he knocked down the broker—I went up to the deck, and saw Gill cut the rope off the iron stancheon—he rolled it up—I said, "What are you going to do with that?"—he said, "It is to make up a jag"—I then came by, and saw him by the sail—I said, "You make fine havock of this"—he said, "The old man has taken it"—he then said, "Atkinson has got 3cwt. of canvas all ready to go; I have made the gate all right; I gave them 1s."
HENRY MILLER . I was at work on board that ship—about one o'clock that day Atkinson asked me for two back stays—I said I did not know where they were—Gill came up, and said he had made 5s. 6d. of some old shakers.
ATKINSON— NOT GUILTY .
GILL— GUILTY .— Confined Three Months.
NOT GUILTY .
GEORGE GAWTHORP . I live in Tothill-street, Westminster, and am a boot-maker. On the 29tb of Sept. a young man came to my shop, who has since absconded—in consequence of what he said, I took four pairs of Wellington boots to No. 25, James-street, Buckingham-gate—I there saw Edwin Locke—at his request I left the four pairs of boots for an hour—I returned in an hour, and then I had three pairs returned out of the four, and, to the best of my belief, they were returned to me by the same Edwin Locke—I said it was very strange; I wanted the money or the boots—I had merely left the four pairs on trial—they had never asked the price—he said his brother had got them on, and he was just gone to my place to pay me—that was all I could get out of him—I returned, and found he had not been—I went back, and saw James Locke—I never saw Edwin Locke again till I took an officer, and gave him in charge—I and the policeman found the boots in pawn, in Pimlico, for 30s.—Maria Locke had not been to my shop at that time.
Cross-examined by MR. PARRY. Q. You did not see Maria at the
house? A. Not at that time—the person who called on me was older than Edwin Locke—I think he was his elder brother.
EDWARD BULWORTHY . I am apprentice to Mr. Walker, a pawnbroker, at Pimlico. This pair of boots were pawned at our shop on the 30th of Sept., for 6s., as it appears by the duplicate, by a female, in the name of Ann Smith—I have seen the female prisoner about three times—I have no recollection of her pawning these—I have no recollection of taking them in—I do not know that the female prisoner has pawned at our shop—I have seen her there.
CHARLES TAPPIN (police-constable B 48.) I went to No. 25, James-street—I saw Edwin Locke—I told him that he and his mother were charged with getting boots under false pretences—he denied all knowledge of ordering the boots, or anything—he said Mr. Gawthorp had never seen him before—it was a large house, but very little furniture in it—there was a large pair of curtains at the window, and, from the appearance of it, any person on the opposite side of the way might take it to be a respectable house—the beds were on the floor, and very little furniture.
Cross-examined. Q. Was there not fnrniture in the surgery? A. Yes—that is on the ground-floor—there were a number of large glass bottles there, and fixtures on the bottom floor—I think there was an announcement that the first floor was to let.
NOT GUILTY .
(There was another charge against the prisoners, on which no evidence was offered.)
WILLIAM DAVIES . I live in Regent-street, and am a hair-dresser, About two o'clock in the morning, on the 16th of Oct., I was coming home—I met the prisoner—she induced me to see her home, and I went to sleep.—I awoke about eight in the morning—my watch was in my pocket then—the prisoner asked me to have a glass of gin; and I saw her put something stealthily into it—I took it, and felt very ill—I laid down till about twelve—she took me to Tothill-street, and said she would see me home—I then had another glass of gin, and she persuaded me to go and lie down—I laid down from two till half-past four—I then found my watch was gone—I had put it into my coat pocket—when I awoke I accused the prisoner of it—she said I never had a watch—I called a policeman—she told him I never had a watch, but said, in going to the station, that if he would let her go she would tell him where the watch was gone; that she had sent it to Williams', in Tothill-street.
Cross-examined by MR. PAYNE. Q. Did she not say she had raised a sovereign on it by your desire? A. She said I offered her the watch and told her to raise 1l. on it, but I did not—before I went to sleep the second time I gave a person who came into the room a breast-pin to pawn—that was about eight o'clock in the morning—I had given the prisoner 2s. before, and I had no more money about me—4s. and the duplicate were brought back—before I went to sleep she gave me this gin with the stuff in it—I had a glass of gin and cold water at the public-house, and then I went back to her place again—I swore I believed she had given me something to make me ill, and then I went home with her again—this is my watch and chain.
Cross-examined. Q. Did you not deduct from it a few shillings that she owed you? A. Yes—she said she would return the sovereign in the morning.
SAMUEL BRINE (police-constable B 33.) The prosecutor gave the prisoner in charge for stealing from his coat-pocket a gold watch and gold chain—she said he had no watch at all during the time he was with her—I wanted to search—she said it was no use searching, I knew where the watch was—I told her I did not—she then said, "You must take me in custody," and in going she said the prosecutor had been and pawned the watch for a sovereign—he denied it—I took her to the station, and she said she had left it at Mr. Williams's, in Tothill-street.
NOT GUILTY .
Before Mr. Recorder.
2126. THOMAS BLACKBURN alias DENBY was indicted for stealing, on the 15th of Oct., 482lbs. of lead, value 5l., the goods of the East London Water Works Company, and fixed to a building:—2ND COUNT, not stating it to be fixed.
MR. CLARKSON conducted the Prosecution.
JOHN BIRD . I am a carpenter, and have charge of the Temple mills at Lay ton—they are the property of the East London Water Works Company—on Tuesday evening, the 14th Oct., I closed the premises about eleven o'clock—the lead was secure then—about half-past one o'clock in the morning I was called up by Henderson, and, in consequence of what he said, I went to the mill—the front of it abuts on the high road to Hackney—there is a door at each corner, then the mill-house, some cottages, and next to that a stable—on the other side of the mill-house is the river Lea—there is a private road leading to the cottages, but no thoroughfare—at the back of the mill there is a small lean-to, and a window-shutter to it—I unlocked the stable-door on being alarmed, went through the back door of the stable into the back part of the mill, leading to a palisade-fence, and found the shutter at the back of the mill broken open—I saw several pieces of lead lying about in different places—I afterwards found one piece of lead leaning against the palisade-fence—the lead had been taken off the gutter of the mill and mill-house—when it became light I examined the roof with the officers—the lead found appeared to be recently cut—it has since been compared with the roof and it corresponds with what is lost—it supplies the whole quantity taken—I observed that the top of the palisade, about six pales next the corner of the stable, had the tenter-hooks drawn out where the lead laid—the north door of the mill was unbolted—I had left it bolted—the shutters had been removed for the parties to escape down the marsh—the gutter is at the back part of the mill—there were footmarks all about.
saw the prisoner three yards inside the fence, which is about six feet high, with tenter-hooks at the top—I went towards the place—he came over the fence immediately, and I took him into custody—I asked what he had been doing there—he said he was only easing himself—I found no appearance of that—I called Bird up, and then went to the mill—Bird found the lead about the place—one piece was within three yards of where I found the prisoner—I saw nobody on the premises but him—there were eleven pieces of lead found—he came over the fence, but not at the place where the hooks were moved.
Prisoner. I am innocent of anything of the kind; it does not stand feasible I could carry 4 1/2cwt. of lead; I was going to Romford that morning; I went there to ease myself. Witness. I searched him—I found nothing on him to cut the lead—it had been cut—it must have been done by more than one person—I could not see him till I came to the end of the building—I was going towards the fence, walking on the private road, within the premises of the mill—it is part of my beat—he was about two yards inside the fence, between the water and the fence—there was plenty of accommodation for miles round for a person to ease himself without getting over the fence—he was about forty yards from the gate—I always shut the gate, but I found it open twice that night—it must be lifted up to open it—the latch is inside—the gate was wide open when I took him—the fence where he was was entirely enclosed—it could not be got at without going through or over the gate.
JOHN BIRD re-examined. The gates have tenter-hooks upon the top, to prevent anybody getting over, and are about six feet high—the front gate is about forty yards from where the prisoner was found—there was no way of getting to the back of the mill where he was, without breaking through the premises, or getting over the fence—the gate would not lead him there—it is a private road.
NOT GUILTY .
Before Edward Bullock, Esq.
MR. HUDDLESTON conducted the Prosecution.
STEPHEN STREETER . I am a butcher, and live at Bow. I lent a horse some time ago to Mr. Morley, at Barkingside—in consequence of information I went to the stable of the Greyhound at Smithfield, on the 13th of Oct., and saw my horse there—it was worth 12l.
Cross-examined by MR. DOANE. Q. When had you last seen it? A. I had seen it about three weeks previously on Hainhault-forest.
GEORGE COOPER BORKWOOD (police-constable K 42.) On the 5th of Sept. I was on duty at Horn-lane, Chigwell—the prisoner lived with his father—I saw the prisoner bring a black horse or mare out of his yard—he passed me—I asked him where he was going—he said, "To Romford," and went in that direction—I informed the inspector—I afterwards came to Smithfield, and saw a horse at the Greyhound—Mr. Streeter came and saw it—that was not the horse I saw with the prisoner on the 5th of Sept.
ELIHU LAMBERT . I am the sergeant of the City police at Smithfield-market. I was on duty there on the 5th of Sept., and saw a horse offered for sale—my attention was called to it because I saw the prisoner sell it
for 4l. 5s., and I saw the mane had been lately trimmed, and was in very bad condition—I asked where he brought it from—he said it was his father's, and his father bred it—that his father was a farmer, and lived at Chelmsford, and his name was Knight—I took him on suspicion—I took the horse to the Greyhound yard and left it—I received further information, and went to Spitalfields-market, and found the prisoner had another horse there, but he did not tell me whose that was—I was present when Mr. Streeter saw the horse which the prisoner sold for 4l. 5s.—I think it was on Tuesday, the 9th of Sept.
Cross-examined. Q. Did you not tell us just now you saw it on the 13th of Oct.? A. That was my error.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
JOSEPH SAVILLE . I am a builder and live in the parish of Chigwell. I had a chaise-saddle and a riding-saddle in my possession about three week 9 before the 20th of Sept.—I saw them in my chaise-house—the prisoner lived about 200 yards from my house—I think I missed these saddles on the 21st of Sept., when my attention was called to them by one of my own men.
GEORGE COOPER BORKWOOD (police-constable K 42.) In consequence of information I went to the prisoner's shed on the 10th of Sept.—it is a shed built near his father's house—I found a chaise-saddle there, which I now produce—I also produce another saddle, which was taken off the horse, supposed to be stolen in Mr. Maitland's yard in Chigwell on the 10th of Sept.
Cross-examined by MR. DOANE. Q. This saddle was there with one horse? A. Yes, at Messrs. Nicholls's, No. 34, Crispin-street—that is where the prisoner put up the horse—I saw this saddle in the stable belonging to that firm—the prosecutor was not with me, nor Borkwood—neither of them saw the saddle till I took it to Chigwell.
JOHN ANDERSON . I am governor of Ilford gaol. I had the prisoner in custody from Thursday till the Sunday morning, when he escaped, and was taken on the 29th of Sept.—he was in custody on the two charges—he said to me, "I should not have done it had I not been certain of being transported—if I tell you the man's name that I got the horse from, will that get me clear?"—I said, "I can't give you any advice on questions of that sort"—he said, "I am not guilty of stealing the horse, but I am guilty about the harness."
Cross-examined. Q. Was anybody present when he said this? A. Yes, my principal turnkey—what he said was, "I should not have done
it had I not been certain of being transported, but if I tell you the man's address, or if I find the man that I had the horse from, do you think I shall get clear?"—in a short time he said, "I am not guilty of the horse, but I am of the harness," or the "saddle"—I am not certain which.
GUILTY . Aged 19.— Confined Six Months.
2129. ELIZABETH PERRY was indicted for stealing 2 1/2 yards of satinette, value 9s.; and 1 3/4 yards of woollen cloth, 3s.; 1 yard of mousseline-de-laine, 1s.; 1 1/2 yard of lawn, 1s.; 1 veil, 3s.; 3 yards of ribbon, 9d.; 2 boxes of hooks, 6d.; 8 reels of cotton, 1s. 6d.; 3 reels of silk, 1d., and 3 yards of calico, 9d.; the goods of William Isaac Kersey, her master.
HANNAH KERSEY . I am the wife of William Isaac Kersey, of Leyton, in Essex, and am a dress-maker. I had some black satin sent to me to make up into a dress, the latter end of September—there ought to have been fifteen yards of it—it came at five o'clock one evening, and I measured it at nine the following morning—it then measured barely thirteen yards and a half—I mentioned it to the lady who had sent it—I afterwards went to Turner and Budd's, and had some conversation there—the prisoner was living servant with me—some days afterwards, after finding some lawn, I requested to look in her box—that was on the last day of Sept.—she emptied her box before me—I found in it some black satin, mousseline-de-laine, and cashmere—I put the satin into a drawer—the lady called in the afternoon, and I compared it with the dress—it corresponded in colour and quality.
Cross-examined by MR. BALLANTINE. Q. How long had the prisoner been in your employ? A. Six months—she was not a work-woman—she had no right to meddle with these articles—I received this satin at five one evening—I cannot say what evening—I do not enter my dresses till I send them home—I might have two or three pieces of black satin sent in Sept., to make dresses—this piece came the latter end of Sept.
Q. Are you quite sure it was not the first week in Sept.? A. I am not sure of that—my husband brought it into the house—he is not here—I first saw it next morning about nine, in the work-room, brought to me by one of the apprentices—I saw my husband bring in the parcel at five, the preceding evening—it was to make up for Miss Wragg, of Walthamstow—she is not here—I expected fifteen yards—she said she should send the same quantity as she did before—after having measured it the next morning, and found only thirteen yards and a half, I communicated it to the lady at eleven the same day.
Q. Now just reflect a moment before you answer; will you swear you communicated anything about it to Miss Wragg for a fortnight? A. Yes, within a week after I found it out—I believe I did the following morning—I cannot say the day I went to Turner and Budd's—I did not go to them the same day that I made the communication to Miss Wragg—I was ill, and did not go—I made the communication to Miss Wragg in her own house, when I went to fit the dress on—I cannot say how far Turner and Budd's is from Miss Wragg's—I did not pass it in going home—I cannot say when I went to Turner and Budd's—I am sure it was not so long as three weeks after—I first entertained suspicion of the prisoner about the last day of Sept.—I cannot say whether that was after I had been to Turner
and Budd's—I did not make the dress with the thirteen yards and a half—I tried the body of it on before any other part was made, and then I told her there was not enough to make it up, and only thirteen yards and a half had been sent—I bought some more at Turner and Budd's, sufficient to make it up—I am quite sure the prisoner was present when I searched her box—there was no person present when her first box was searched—the satin and cashmere and mousselin-de-laine were found in that—she was present when her second box was opened—I am sure about that—my forewoman and the policeman were present—that was on the following day, and there were other articles found by the policeman—I have dismissed several of my servants before on suspicion of charges of this kind—I do not exactly know how many—it was about trivial things—this black satin was left in the show-room, which the prisoner is obliged to go through—the work-room is occupied by persons who call—I do not know which of the young people left it there—my husband had brought it in, and it was delivered into the hand of the forewoman—she is not here—I did not see what she did with it, hut it was brought out of the show-room into the work-room the following morning by one of the apprentices—it ought to have been put in the show-room—at the time it was brought to me the string was off it, but when I saw the parcel in my husband's hand the string was on it—somebody must have taken it off—I do not know who did—my forewoman has been in my employ about four years—she was not in my employ all the time the other young persons were dismissed for little thefts—she left me fora short time, but there was no fault against her—I gave her warning to leave because I wished to have a milliner instead of a dress-maker for a short time—I have two other persons in my employ—neither of them are here—they, in common with the prisoner, have access to the show-room—the prisoner's boxes were in her bedroom—I believe no one else ever goes into it—I mentioned to my apprentices and forewoman that this satin was missed—the reason I had the prisoner's boxes searched was my finding a piece of lawn in her bedroom, amongst the dirty things—I usually sort out the things there if I am not busy, if I am the prisoner does it herself.
COURT. Q. You say you saw this parcel in your husband's hand the night before tied, and the next morning it was brought to you untied? A. Yes—I found the deficiency the next morning, and took the body to fit on the same day—not the whole dress.
WILLIAM SYDNEY . I am in the employ of Turner and Budd, linen-drapers, at Walthamstow—I sold some black satin to Miss Wragg—I afterwards saw two yards and two nails of black satin—I compared that with the black satin in our stock which I had sold part of to Miss Wragg—I found it corresponded with it exactly—I sold it on the 16th of Aug., and I made the comparison on the 2nd of Oct.—I sold fifteen yards and two or three nails to Miss Wragg.
Cross-examined. Q. Where did you deliver it? A. To Mr. Wragg's coach, according to instructions—he is a coach proprietor—I was to send it by coach to his house.
PATRICK WHETSTON (police-constable N 129.) In consequence of information, I went to Mrs. Kersey's on the 1st of Oct.—she produced to me some articles—the prisoner was not present—I have the black satin, the mousselin-de-laine, and the cashmere—I went by the Magistrates order on the 2nd of Oct., and searched her box, but the prisoner was not present—I found a black veil, two boxes of hooks and eyes, eight reels of
cotton, a piece of ribbon, a piece of sealing-wax, and a piece of black velvet ribbon.
HANNAH KERSEY re-examined. I found these things in her box on the following day, and delivered them to the policeman—I had them to work for ladies—this is the black satin which I compared with the other—I believe, on the comparison, it is the same.
NOT GUILTY .
Before Mr. Common Sergeant.
2130. JOHN ROWE, HENRY TAYLOR , and JASON JONATHAN ROWE were indicted for stealing 16 bushels of charcoal, value 18s.; and 11 bushels of charcoal-dust, value 8s.; the goods of John William Nyren and another.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
WILLIAM GEORGE BALLY . I am clerk to John William Nyren and another—they deal in charcoal. On the 17th of Sept. I was in their counting-house—the two Rowe's came into the yard with a cart—after some time John Rowe came to me and requested a note for the delivery of eleven bags of charcoal, and four bags of charcoal-dust—the prisoner Jason Jonathan Rowe, who is his father, was in the yard—Taylor was in the yard, but I could not see him then—I made out the delivery-note for eleven bags of charcoal, and four of charcoal-dust for John Rowe, and be paid me—parties come to me for the quantity they want—they pay me, get a delivery-note, and then take the note to Murphy, who delivers the charcoal and dust—the total value of the eleven bags of charcoal, and four of charcoal-dust was 1l. 11s. 8d.—I saw the cart leave the place, but did not observe whether it appeared full—my attention was called to it by Mr. Nyren, and I gave him an Account of the number of sacks I had mentioned in the delivery-note which I gave to the prisoner.
Cross-examined by MR. CLARKSON. Q. Your employers are chemists, are they not; and are in the habit of selling charcoal to persons who sell it again? A. Yes—part of it is made from roots of trees, and part from the branches—but we have no root—all that the prisoners bought if made from the branches—the dust is made by the breaking of the charcoal—the prisoners have dealt at our place for some time—my masters had not a good opinion of the Rowes—it is the rule of our house that persons who come to buy charcoal at our place should not bring other charcoal or charcoal-dust into the yard—if a person were coming to us who had some goods of that description in his cart, he must take out his sacks, or empty his cart before he came into the yard, or he would not be served—the cart would pass the window of the counting-house in going out of the yard—when Mr. Nyren spoke to me, the cart was passing out of the yard towards the gate—it passed the counting-house window, but the cart was not examined till it had gone as far as the White Horse—the Rowes have dealt with us many years, and have occasionally come, perhaps, every day—we should not have had the least objection to have sold one of them goods amounting to 60l., if we had had the money down, or good security.
Cross-examined by MR. O'BRIBN. Q. How far was the cart when it was stopped and brought back, from your master's? A. About a quarter of a mile—John Rowe came to me in the counting-house—the cart was then by the charcoal heap, where it had been loading—before he came to me for the note he had put up a load—this note is an authority from us
to the man not to deliver more than the note specifies—we sell it by bags—the cart is loaded at the extreme end of the yard, I should think two hundred yards from the counting-house—I received the 1l. 11s. 8d.—there were many men in the yard, but not where the charcoal was delivered—there are twenty or thirty men in the yard—I saw the cart come into the yard, and the two Rowes were with it—I did not see Taylor with them, but I went across the yard, and saw him after the charcoal had been paid for—the cart was entirely loaded at that time, and was on the point of leaving the yard—I saw it leave—there was no other cart in the yard—their cart had the name of Jason Jonathan Rowe on it.
MR. HUDDLESTON. Q. Was the cart empty when it came into the yard? A. It was—it had all the appearance of an empty cart—they jumped out of apparently an empty cart—there could not have been any sacks of charcoal in it, or it would have appeared up above the sides of the cart—when I saw the cart leave, the whole three prisoners were with it—the persons load first of all, then come and represent to me the amount they propose to carry away, suiting their own convenience as to the cart they bring, and then they present that note to the person who gives them authority to leave the yard.
JOHN WILLIAM NYREN . I am in partnership with Mr. Pickford—we carry on business as Pickford and Co.—on the 17th of Sept. I saw the three prisoners on my premises, and there was a cart there—in consequence of what I saw I made a communication to Bailey—he gave to my brother an account of the delivery-note he had given to the prisoners—I followed the cart to Bowbridge—when I first saw the cart it was a very short way outside our gates—I kept it in sight, only losing sight of it as it turned the corner—I saw it stop opposite the White Horse—I got two officers and had it taken back to our premises—it was searched, but I was not present then—we sometimes have a large stock of this charcoal—we have repeatedly missed it—we did not miss any on that occasion—I cannot tell what our stock was at that moment—when the cart left the yard, Taylor and John Rowe were with it, and another person whom I only saw the back of.
Cross-examined by MR. ROBINSON. Q. They empty the charcoal out of your sacks into theirs? A. Yes, they do not take our sacks—we have two windows to our counting-house—it looks through the gates down the entrance of the yard.
Cross-examined by MR. O'BRIEN. Q. You did not see the cart coming in? A. I saw it coming in, but I did not notice it—I knew it was Rowe's cart—I saw Taylor shortly before they went out—I am not sure that I saw him come in—I do not know how long he remained after the cart had been loaded—I first followed the cart on foot—I then returned, had my horse saddled, and rode after them.
MR. HUDDLESTON. Q. Was there any difference in the appearance of the loading of the cart between the time you saw it first and when you brought the officers? A. I examined it closely when it went out of the yard and when it returned—I am quite satisfied there was no difference in the loading.
TIMOTHY DRAW (police-constable K 387.) On the 17th of Sept. I received instruction to take John Rowe—Smith brought the charcoal from opposite the White Horse to the prosecutors—there were nineteen sacks of charcoal on the cart—the dust was in the body of the cart—it was not in sucks—the dust was measured, and there were nine bags and a half of it—the
bags of charcoal were emptied out and remeasured with Mr. Nyren's measuring-bag, and there were nineteen bags of it—I saw a man named M'Carthy, but he gave his name Murphy—he made a statement to Mr. Nyren in my presence.
JOHN SMITH . I am a parish-constable—by Mr. Nyren's direction I followed the cart round Old Ford—I saw it brought into the yard and the contents measured—there were nineteen bags of charcoal and nine bags and a half of dust—I took Taylor in custody.
Cross-examined by MR. ROBINSON. Q. Were the prisoners there when it was measured? A. No—they said they should like to have some one there—I did not see anybody there on their behalf.
Cross-examined by MR. O'BRIEN. Q. Where did you first see the cart? A. Going from the White Horse door—it was never out of my custody till it got back to the yard—I emptied the charcoal out of their bags into Mr. Nyren's.
BARTHOLOMEW M'CARTHY (a prisoner.) I have been committed for this offence—I was in the employ of Nyren and Co.—it was my duty to see that the amount of charcoal mentioned in the delivery-note given by the clerk, and no more, left the yard—the three prisoners had been in the habit of coming to my master's to purchase charcoal—they had come together more than once—on the 17th of Sept. Jason Jonathan Rowe, and his son, John Rowe, and Taylor, came with the cart—the two Rowes loaded it—Taylor was present while they loaded it—I cannot say how many bags were on the cart—there must have been more than fifteen, because I gave them more—they did not say anything to me before I gave them more—Jason Jonathan Rowe said they wanted ten or a dozen bags of charcoal, and I put them up a dozen—Taylor helped me to put it up—John Rowe and Taylor were present—I asked John Rowe what he wanted—he said five or six bags of charcoal-dust, and I put up half a dozen bags—Jason Jonathan Rowe gave me 2s. for the over-measure—John Rowe then returned, and brought a note for fifteen bags, eleven of charcoal and four of dust, and he gave me 4s. for over-measure—I do not know whether Taylor could see that, as he was beside the cart—John Rowe did not say what he gave me the 4s. for—it was for the short note I expect; I mean a note not signifying enough charcoal—I do not know whether there were more bags loaded on the cart than were specified in the note—I did not put any on the cart myself, nor see any put on—I helped to measure twelve bags of charcoal, and six of dust—they loaded the cart as they put it up—I was in the shed, but there was a division in the shed—I could not see what they put up, for the cart was outside the shed.
COURT. Q. Were you looking and watching while they were loading? A. No.
MR. HUDDLESTON. Q. Did they go away with the cart? A. Yes—I saw Rowe, and his son, and Taylor go with it—I was afterwards in the counting-house when Mr. Nyren came in—I told him what I have told to-day—I have spoken with Taylor since I have been in gaol—he told me the charcoal was for him.
Cross-examined by MR. ROBINSON. Q. Was not the shed where you keep your charcoal and dust? A. It is where part of it is kept—the other part is kept outside, under a bit of a temporary shed, covered up with sacks on the top of it on some poles—Mr. Nyren accused me of
having delivered more than I ought to have done—I denied it—he did not say, if I did not tell, he would transport us all—he said, if I would tell the truth, he would neither give me in charge, nor hurt me—twelve bags of charcoal and six of dust was all I gave.
Cross-examined by MR. O'BRIEN. Q. If I understand you, Taylor was with you measuring the charcoal in the first instance, and then the two Rowes loaded the cart? A. Yes—I did not see Taylor load the cart—I was before the Grand Jury yesterday—I first saw the cart round by the char-coalshed—I looked in it—Taylor was present when Jason Jonathan Rowe handed me the 2s. in the charcoalshed—he said nothing to me—it was the understanding that I should give good measure, that is, heaping the measure-bag up.
MR. HUDDLESTON. Q. Do you consider nineteen bags for eleven good measure? A. That is too much.
(The prisoners received good characters.)
JOHN ROWE— GUILTY . Aged 22.
TAYLOR— GUILTY . Aged 40.
JASON JONATHAN ROWE— GUILTY . Aged 39.
Confined One Year.
Before Mr. Recorder.
JOHN WILLIAM MANNING (police-constable K 43.) On the 18th of Oct. my attention was called to a bag, containing a quantity of iron bolts, concealed in a yard behind some large gates, the property of the Eastern Counties and Thames Junction Railway—I concealed myself some distance from it, with another constable—the prisoner came in a few minutes, walked deliberately through the gates, directly to the bag—I saw him stoop down, but then lost him in the shade—I heard the sound of iron, as though he was putting them into his pocket; and as he was passing through the gates out, I followed him, and took him into custody—I found on his person sixteen bolts—I went back, and found three bolts in the bag, corresponding with those on his person—after completing the search, I remarked there were only sixteen found on the prisoner—he replied, "I only took eight, and if I get over this job I will go to sea again."
WILLIAM DAVEY re-examined. The bolts are here—I do not swear to them—Mr. Kinnaird makes them—they were sent to me as agent to the Company—I have no proof that these were sent to me, but from the information of the police-officers—I believe they were mine, because they were found on the Company's ground, in a different spot to where I sent two bags of them to be used, which was at the back of the Bird in Hand public-house, about eighty yards from where these were found—we use a great many, and there is no other line going on near there—others have them wherever there is a rail going on—here is a portion of a bag found, and it
is the same description of bag as these come in—I have the principal access to these premises—I deliver these to different parti as they are wanted—the principal part of them are under cover, but not what I sent out to use.
JURY. Q. Have you missed any of them? A. Yes, eight or nine times lately—the prisoner was at work on the line not three days previous
NOT GUILTY .
Before Edward Bullock, Esq.
CHILLMAN AVERY . I live with my father, James Avery, at the Gibraltar public-house, Lower-road, Deptford. The watch produced is mine—I saw it safe at a quarter to five o'clock, on the morning of the 18th of Oct., at the head of my bed—I left my room, went up again about half-past six, and it was gone—my door bad been closed, but not locked—the prisoner was billeted at our house, with four other soldiers.
Prisoner. Q. Was I sober? A. Yes.
(The prisoner put in a written defence, stating that he was very much intoxicated, and did not know how the watch came into his possession.)
NOT GUILTY .
Before Lord Chief Baron Pollock.
JOHN MACKIE . I live at No. 119, New-street, Deptford. The prisoner is my wife—on the 15th of Oct. we had a few words before this matter happened, which was between one and two o'clock in the day—she was very much the worse for liquor—I had my dinner, and was just going to return to my work, when she stabbed me in the cheek with the knife she was using—I had been persuading her to stop in, and not go out, and we had had a few words—we have been married five years—we have no family—we have lived pretty happily—when I found I was stabbed, I went to a chemist's shop, and she went with me—I do not think the intended to do me any mischief—she did not say anything at the time—she had been using the knife at her dinner—I cannot say how much she had been drinking—she was very tipsy—I do not think she knew she had the knife or that she used it—the wound was about two inches long—it passed slightly through the cheek—I did not give her in charge—she was taken by Sergeant Fenn in the chemist's shop at Deptford—I had been there about half an hour—she was there all the time—it is about 100 yards from my house.
husband came into the house—the husband sat down and had his dinner—just as he had finished they had a few words—I could not exactly make out what they were talking about—the knife was suddenly snatched from the table, and plunged into the jaw—an attempt was then made at the left side—I knocked the prisoner down and took the knife away—I went directly and fetched an officer—the husband took the wife in his arms, and said she should not go—I said, "If you will not allow her to go, you shall both quit the house, for I am not going to have murder committed here," and they both left—in about half-an-hour the sergeant came for the knife, and told me to follow him, which I did, to the doctor's shop—I gave him the knife, and as soon as the prisoner saw it, she said, "that is the knife"—I followed them to the station-house, and heard her say she would finish him—she was intoxicated, but not so drunk but what she must have known what she was doing and saying.
SEPTIMUS FENN (police-sergeant R 31.) About half-past two o'clock on the Wednesday afternoon, I was in Flagon-row, Deptford, and seeing a large number of people round the chemist's shop, I went in to see what was the matter—I saw the prosecutor with his cheek severely cut, and asked what it was done with—he said, "A knife"—the prisoner directly said she had done it, and she would do more for him—I asked where it was done—they said at Mr. Newby's, No. 119, New-street—I left her in custody, went to Newby's, and got the knife, which I produce—the prisoner appeared to be sober, and not at all excited—when I returned to the shop she said that was the knife; she wanted a separation, and she would finish him—she said several times in going to the station that she would finish him; she wanted a separation—she was quite sober.
Prisoner. It is false; I had been drinking all the morning.
EDWARD DOWNING . I am a surgeon. About three o'clock in the afternoon I saw the prosecutor—his cheek had been dressed before by a chemist as I understood—I attended him afterwards—it was an incised wound, about three inches long, and went a little through the cheek.
Prisoner's Defence. It was done while under the influence of liquor.
GUILTY of an Assault. Aged 27.—Recommended to mercy by the Prosecutor.
Confined Three Months.
Before Mr. Common Sergeant.
2134. THOMAS MILLS was indicted for stealing 1 shirt, value 6d.; 1 flannel shirt, 4d.; 1 pair of stockings, 2d.; 1 pair of scissors, 3d.; 1 handkerchief, 3d.; 1 razor, 4d.; 1 soap-box, 1d.; and 1 soap-brush, 1d.; the goods of George Phillips; to which he pleaded
GUILTY . Aged 35.— Confined Three Months.
2135. JOHN SAWYER was indicted for stealing, on the 20th of Sept., 1 pair of boots, value 3s. 6d.;—on the 2nd of Sept., 3 pairs of boots, 9s.; and on the 12th of Dec, 10 pairs of boots, 1l. 10s., the goods of James Pavey, his master; and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 20.— Transported for Seven Years.
EMMA SMITH . Iam servant to Samuel Hitchcock, of Broadway, Dept-ford. On the 10th of Oct., about three o'clock, I was in the shop—there were trowsers, shirts, and drawers standing outside the shop—I saw the prisoner pass by and take some drawers off the box that they were on—I went to the door—he ran, and dropped them—I am sure I saw him take them.
Prisoner. You said you were in the back parlour eating your dinner. Witness. I was in the back parlour, but I saw you take them and drop them; the people were running up the place, and you dropped them.
CHARLES ARMITAGE . I went in pursuit of the prisoner, who was running—I took him—he had these three pairs of flannel drawers—I put a mark on them—Mr. Hitchcock said they belonged to him—I did not see them taken.
THOMAS BRADLEY (City police-constable, No. 269.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 7th of April, 1845, and confined six months)—he is the person.
GUILTY . Aged 21.— Transported for Seven Years.
WILLIAM BRENNIER . I am shopman to Thomas Pacey Birts, a pawn-broker, at Woolwich. I saw seven handkerchiefs between seven and eight o'clock on the 7th of Oct., hanging inside the door—I missed them the next morning—these are them.
STEPHEN BROOKS (police-constable R 50.) I saw the prisoner in Powis-street, Woolwich, on the night of the 7th of Oct.—he was apparently asleep—I took him to the station, and found these handkerchiefs in his pocket.
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy.— Confined Three Days.
2138. MARIA WEST was indicted for stealing 1 necklace, value 1l. 10s.; 1 knife, 1s. 6d.; 1 pencil-case, 3s.; 2 pairs of boots, 5s.; 1 needle-case, 1s.; 2 sovereigns, 15 shillings, and 1 sixpence; the property of George Marsden, in his dwelling-house.
ELIZABETH MARSDEN . I am the wife of George Marsden, we live in the Rope-yard, Woolwich. On the 9th of Sept. I missed all this property—I can swear to them—the prisoner lodged in my house, and had an opportunity of taking them.
WILLIAM CLARK (police-sergeant R 32.) I took the prisoner—she gave me up this purse with two pieces of coin, which she took out of her bosom—I found this small box at her lodging—I saw her take some money from her stocking—another officer found these other things, which she had left at another place.
(The prisoner handed in a written defence, declaring her innocence, and stating that the prosecutrix kept a brothel.)
COURT to ELIZABETH MARSDEN. Q. Do you keep a brothel? A. It is a lodging-house.
GUILTY . Aged 21.— Confined Three Months.
Before Mr. Recorder.
2139. WILLIAM RICHARDSON was indicted for stealing 3 brushes, value 4s.; 1 plane, 1s.; 12 knives, 8s.; 12 forks, 4s.; 6 table-mats, 3s.; 1 fender, 5s.; and 1 pillow, 2s. 6d.; the goods of John Dawson, his master.
JOHN DAWSON . I deal in furniture. The prisoner was in my service in May last—I discharged him on the 9th of Aug.—last Friday week I was attending a police office—the prisoner was there, making a demand of some property, in consequence of which I proposed to accompany him to his lodging, which is at Mr. Redman's, in Church-street, Deptford, to see the property—I there saw the property named in this indictment, and many other things which I supposed were mine, but I could not say positively—I gave these in charge to the officer—seeing my handwriting on these three brushes, I asked if they were his—he said that all in the room was his, and the three brushes he had of Mr. Carter, of Woolwich—I think the next article we came to was the plane, which I think was in one of his boxes—I saw my handwriting on it, and asked him where he got that—he said he bought it at a shop in Deptford—this plane I had marked, and put by in the Spring—he gave me no account of where he bought these knives and forks at the time, nor yet of the mats—this pillow he gave to Mr. Redman, but it was not in the room at the time—I had these three brushes in my possession at the time he was in my service—I cannot tell whether I had ever parted with them—I sell brushes—I keep a general furnishing ware-house—this plane I can swear has never been sold—it has my mark on it, and it was put away—these knives and forks I have never sold a dozen—these have never been sold from my ware-house—they have the maker's name on them—I have a dozen dessert to match them—they correspond with what were in my stock, and I missed a dozen—I never sold any of this class of knives, and I had them when he was in my service—this pillow has my handwriting on it—I cannot say that I never sold it—I never sold it to him—this plane and the table-mats I can swear were mine, and never sold—the mats have no mark, but what is rather out of the common way, they are lined with old baise—I bought them in this state, and have the fellows of them in my pocket—I lost nine from my stock, and six of them were found at the prisoner's lodging—I never sold them.
Cross-examined by MR. BALLANTINE. Q. These knives are not London make? A. I should say not—I had them from a London agent—I suppose they are Sheffield make—a vast quantity of them come into the market—I took stock after I had seen these at the prisoner's lodging, not before—I only opened the warehouse on the 1st of May—I had but one dozen of this sort of knives, and one dozen dessert—I have a foreman—of every sale he made, he made an entry in a book, and on that book I took stock—I was at the police-court to answer a summons—the prisoner charged Redman with detaining some articles of furniture—I said, "I should like to see the articles"—the Magistrate said I could do that, with the prisoner's permission, and he let me come and see them—he left me on the 9th of Aug., and had been in my service three months—he did not leave because I told him I had not sufficient work for him, but because I suspected him of being a thief, and told him so—he came on the Monday after he left, and told me to look over his basket, and see that he had got nothing but his own tools—he did not come to me afterwards for a tool that he said I had of his, but I think he was in the shop.
Cross-examined. Q. Have you sold articles to him? A. Yes., of different kinds, but no brushes.
JAMES GATES (police-constable R 144.) I went with the prosecutor to the prisoner's lodgings—the prosecutor claimed the things—the prisoner said he had the brushes from Mr. Carter—he did not give any account of the plane, mats, or knives and forks.
JOHN WILLIAM REDMAN . I am a bricklayer, and live in Church-street, Deptford. I have known the prisoner about two years—he lodged at my house nearly six months—these articles were brought to my house by the prisoner from time to time—he said he was buying them of his master at cost prices.
Cross-examined. Q. What articles did that apply to? A. To the whole of these, and a great many more—he said that generally with respect to all the goods he brought home, except these mats, which he said were given him by his mother on the 10th of Aug. when she and his father came from Brighton—he married at my house—I kept the whole of these articles for my money, and was summoned to give them up.
NOT GUILTY .
WILLIAM GLADWIN (police-constable R 122.) I saw the prisoners in Charlton-fair on the 20th of Oct.—I saw Isaacs go behind the prosecutor as he was walking with a female—he put his hand into his pocket, took out a handkerchief, and gave it to Whintle—I secured Isaacs—I produce the handkerchief which the prosecutor gave me—Whintle ran away and dropped it—the prosecutor claimed it—it was such a coloured handker-chief as this that I saw Isaacs take.
Isaacs. You said you saw me put my hand into several gentlemen's pockets? Witness. Yes, that is true, and I saw you put your hand into the prosecutor's pocket.
GEORGE WELLS . I am steward of an Indiaman. I was at Charlton-fair on the 20th of Oct.—I missed my handkerchief—Whintle was taken into custody by my assistance—he dropped this handkerchief when I laid hold of his collar—I picked it up—it is mine, and the one I lost from my pocket.
NATHANIEL KING . I live in Great Russell-street. I was with the officer—I saw Isaacs put his hand into the prosecutor's pocket and pass this handkerchief to Whintle—I went and held Whintle by the collar till the prosecutor came up—Whintle dropped this handkerchief at his feet.
WHINTLE— GUILTY . Aged 20.— Confined One Year.
ISAACS*— GUILTY . Aged 20.— Transported for Ten Years.
Before Mr. Common Sergeant.
2141. THOMAS HIGGINS and CHARLES JONES were indicted for stealing 1 coat, value 2s. 6d.; and 1 pair of shoes, 1s.; the goods of James Halford: 6 bags, 2s.; 2 coats, 1s. 6d.; 2 waistcoats, 1s.; 3 pairs of trousers, 1s.; 1 shift, 3d.; 1 pair of drawers, 3d.; 2 shawls, 6d.;1 apron, 2d.; 1 pair of stays, 3d.; 1 petticoat, 4d.; 2 gowns, 1s.; 1 pair of stockings, 3d.; and 3 bonnets, 6s.; the goods of the guardians of the poor of the Greenwich Union.
MR. SIMONS conducted the Prosecution.
HENRY HORN . I produce the order of the Poor Law Commissioners of Oct. 1826, constituting the Union of Greenwich—I am porter to the Union—on the 26th of Sept. I gave the prisoners admission to the vagrant ward—I admit the inmates at half-past six o'clock, and keep the house open for them till half-past ten o'clock—I think, to the best of my recollection, half-past eight o'clock was the last I admitted that night—when I went my round that night I left all safe—I was in the store-room for the last time at five o'clock—next morning I went my round about five o'clock—I then went to the store-room and found some bags, and clothes, and bonnets strewed about under the window—the upper half of the sash was down—I had closed it the night before—that window looks out into the vagrant yard, and is about a foot higher than I can reach standing upon my toes—a person cannot get into the store-room from the vagrant yard—there are bars to prevent it—the door of the room was fast, and I had the key—a person standing on the cill of the window might reach the bags from the racks, and the bonnets from where they are hung—I went into the vagrant yard and saw no one there—the door of the vagrant yard was shut—I saw the two prisoners together in the privy, and one bag behind Jones on the ground, and the other bag beside Higgins on the seat—the bag on the ground contained clothes and one bonnet, and that on the seat two bonnets—Jones had on a black coat, which had been in the store-room the night before, and he had come in in a frock—in the ward where Jones was locked up I found two black and one blue coat—Higgins had two jackets and two shirts on bis person, and while I went to get assistance these things had been taken off him—I found them down the privy.
COURT. Q. You are quite sure the coat Jones had on was safe in the store-room the night before? A. Yes, and the two jackets and other things that Higgins had on were safe the night before.
Higgins. Q. How could you tell what I had on? A. You had your own coat on, and buttoned; and when I took hold of you you had more clothes on—I then went to get a policeman, and he could not see the clothes—I found them down the privy, and your foot was ancle-deep in soil.
COURT. Q. You did not see the clothes on him, but you drew the inference from their being found in the privy? A. Yes, and they were safe in the store-room the night before.
WILLIAM FREDERICK SADLER (police-constable R 321.) I was called on the morning of the 17th of Sept. to take the prisoners—I found this shirt down the privy—they could have access to that place—in searching Higgins I found this label under the waistcoat he had on—it is a label that had been on the things.
Jones's Defence. I went to the water-closet, and saw the things in the yard; there were eight other people in the ward we were in all night.
HIGGINS— GULITY . Age 20
JONES— GUILTY .—Aged 22.
Cofined Three Months.
Before Mr. Recorder.
2142. EDWARD COPPEN was indicted for stealing, on the 22nd of Sept., 2 pairs of leather fronts for boots, called grafts, value 5s.; and 1/2 lb. weight of leather, 5s.; the goods of Tobias Child, his master.
MR. CLARKSON conducted the Prosecution.
JAMES HOGAN . I am in the service of Tobias Child, leather-dresser, John-street, Dockhead. The prisoner was in his employ—in consequence of suspicion, I was directed by my master to watch him, which I did, from four o'clock to six, in the afternoon of the 22nd of Sept., and at half-past five I saw him in the warehouse—he staid there about a quarter of an hour—the leather grafts are kept there—he went in again afterwards, and remained there about ten minutes—I saw a bit of coloured leather in his hand—he could not see me—I told Mr. John Child what I had seen—he and Tyler went into the warehouse.
JOHN CHILD . I am the prosecutor's nephew. The prisoner was in his service twelve or thirteen weeks the last time—the leather was kept in the warehouse—Hogan gave me information—I examined the warehouse, and missed two pairs of grafts—they are in imitation of French grafts for boots—I got a policeman—the prisoner left the premises about twenty minutes after, and was stopped about four yards from the gate—I saw the police-man take his hat off—he found two pairs of grafts in it—they have our shop-mark and my initials on them.
Prisoner's Defence. I was going home, and on putting my hand on the shelf for my things I found these leathers; I took them down; I thought I would bring them next morning; I did not know who they belonged to, or I should have given them up.
GUILTY .* Aged 22.— Confined Six Months.
2143. SAMUEL STEVENS was indicted for stealing, on the 3rd of Sept., 1 truck, value 4l., the goods of William Hex: also, on the 8th of Aug., 1 truck, 5s., the good of Henry Warner: also 1 wheelbarrow, 10s., the goods of James Ingram; and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 46.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Three Months.
HENRY THOMAS LEWIS . I live at No. 6, Pear-street, Horsleydown. On the 18th of Oct. I had some potatoes in a lug-boat—I had received them from a vessel called the Planter—I left the lug-boat at a quarter to eight o'clock below Pickle-herring-stairs, on the river—I came back about
five minutes to nine, and found the prisoner in the boat, and the policeman with him—I was asked in the prisoner's presence, whether I had given him any liberty to take the potatoes—I said, no, but he was welcome to some of the potatoes—I had not given him leave to take them, but I had on former occasions given him leave to go to my boat—knowing one another a long time, we had taken the liberty of making use of one another's things—I think he might have taken them without intending to steal them, and told me of it afterwards.
WILLIAM THOMAS BRIDGES (Thames police-inspector.) On Saturday evening I saw the prisoner in a lug-boat about half-past eight o'clock—it was dark—he was in a stooping position, as if wishing to avoid being seen—I stepped over into the boat, and said, "What are you doing there?"—he said, "I am only picking out a few damaged potatoes"—I said, "Who do they belong to?"—he said, "To Mr. Mitcham"—I went on shore, and ascertained that they did not belong to Mr. Mitcham—I then came back, and saw Lewis in the boat with the prisoner—I asked if he allowed him to take any potatoes—he said, "No"—I then searched a barge which the prisoner had charge of, lying a few yards away from the boat, and there I found 70lbs. of potatoes, and in the lug-boat alongside the prisoner I found a sack, with the name of the prisoner's employers on it, containing 56lbs. of potatoes—the prisoner said he did not know how the 70lbs. came into the barge, as the barge cabin had been open all the day—he said nothing about the 50lbs., further than that he was picking out a few damaged potatoes—some of them were damaged—he appeared to be washing them when I stepped into the boat—I asked Lewis if they were his potatoes—he said, yes, they were—I said, "Do you allow him to take them?"—he said, "No"—he afterwards said, "If you had asked me, I would have given you a few"—I know lightermen will take each other's tarpaulin, or boats, and say, "I have borrowed so and so," but not potatoes, or things for consumption.
HENRY THOMAS LEWIS re-examined. I had no notion he was going on board my lug-boat that evening—he had never taken potatoes before—he has borrowed a skiff and sculls of me, and we have taken those liberties the one with the other—my impression is that he meant to communicate to me what he had done—some of the potatoes were worth a halfpenny per pound, and some were hardly worth anything—I think he would have told me he had taken them—I do not know that he would have paid me—I should not have looked for that—very likely he might have given us a trifle for them.
Prisoner's Defence. They were damaged potatoes; I was taking a few; I should have let him know of it; I said I believed they belonged to Mr. Mitcham, but I did not know till Mr. Lewis came down.
NOT GUILTY .
2146. HENRY TARLING was indicted for burglariously breaking and entering the dwelling-house of William Timothy Andrews, about the hour often in the night of the 21st of Oct., at St. Mary, Newington, with intent to steal and stealing therein, 4 live tame pigeons, value 4s.; 1 candle-stick, 6d.; and 1 towel, 1s. 6d.; his property.
WILLIAM TIMOTHY ANDREWS . I live in Camden-street, East-lane, Walworth, in the parish of St. Mary, Newington. I keep the house, and am a hairdresser—I went out on the 21st of Oct., at nine o'clock in the
evening, or soon after—I am certain it was nine—I fastened the door—it shuts with a spring—I am certain the spring caught, and the door was fast—I returned soon after eleven that night—the door was still shut—I opened it with the key, and missed a candlestick from the shop mantelpiece, and from the back-room a towel and four tame pigeons, which were safe when I left at nine—about twelve o'clock that night I went into the street, and saw the prisoner—I told him I had lost four pigeons, a candlestick, and towel—he said he was very sorry, and he would try to find out the party—I suspected somebody who had come into the shop drunk when I was shutting up—he said he had been drinking with the same party all that evening—I am sure it was nine o'clock when I left—my own clock had struck.
WILLIAM MORTON (police-constable P 289.) In consequence of this robbery I went to the prisoner's house, in Pleasant-place, Wal worth, on the morning of the 22nd, about eight o'clock—it is about 200 or 300 yards from the prosecutor's—I saw the four pigeons, which now produce, in a corner of the front-room, on the floor, not in anything—I asked the prisoner whose pigeons they were—he said they were not his, they were brought there last night by a young man, who he said he did not know.—I then took him into custody, searched him at the station-house, and in his coat-pocket found some pigeon-dung quite fresh—the towel has not been found.
Prisoner. I was going home, and met the prosecutor, who said he had been robbed; I said I knew nothing of it; I had been drinking with a young man, but would endeavour to find them; I went home, after having a pint of beer, and had been in bed about an hour, when somebody came into the room where I lodge, and asked me to let him leave something there till the morning; I asked what it was; he said, "Two or three articles;" I said, "Put them down;"I heard the pigeons make a noise, and said, "Why you have got pigeons;" he said, "Yes, I will take them away about seven o'clock;" I told the constable they were brought there after I was in bed; I had no pigeon-dung in my pocket.
Witness. I am certain it was pigeon-dung—I said so when I found it, and he did not dispute it—the prisoner was in bed, I believe, when I went to his room—he was undressed.
RICHARD DAVIS (police-constable D 55.) I went to the prisoner's house, and saw the witness find the pigeons—I found this candlestick on the table—I asked the prisoner how it came there—he said it was brought there last evening with the pigeons, but it was not his—I took the key of the prisoner's room door—his wife came in, and claimed the candlestick, and said she had had it a long time—he was not present then.
Prisoner. It is false; he has a spite against me, and told the people he would transport me if he could, and would knock my brains out with his truncheon. Witness. I never said anything of the sort—I found the key of his room door would unlock the prosecutor's room door.
Prisoner. That is false; my wife has been and tried it, and the prosecutor knows it will not open it without forcing it Witness. It opens it very easily—the prosecutor opened it himself with the key.
Prisoner. Q. Did not the policeman tell you it was half-past nineo'clock? A. He said, "Are you sure it was nine, or half-past?"—I said I was sure
it was past nine—he said my clock was a quarter of an hour too slow by his watch—the candlestick and pigeons are mine.
GUILTY † Aged 22.— Confined One Year.
2147. ANN CRAFT was indicted for stealing, on the 19th of Aug., 2 table-cloths, value 10s.; 1 sheet, 1s.; 1 pair of socks, 2s. 6d.; 2 napkins, 4d.; 1 towel, 6d.; 3 yards of carpet, 6d.; 1 box, 6d.; 1 yard of sacking, 1d.; and 2 printed books, the goods of Frederick John Hawkes Reeves, clerk, her master.
MR. BODKIN conducted the Prosecution.
REV. FREDERICK JOHN HAWKES REEVES . I am incumbent of the parish of Mortlake—the prisoner was in my service as cook for a year. On the 25th of Sept., in consequence of what I heard, I went to the house of Thomas Neale, a labourer, living near me—I found a box in the possession of Mrs. Neale—I directed her not to part with it—on the 1st of Oct., I went again, took possession of the box, and took it down with me to Brighton—my family had gone down to Brighton on Thursday the 20th of Aug.—the prisoner went the day before, Wednesday, the 19th—when I got down to Brighton, I went to the Lord Nelson public house, kept by Mr. Cotterell—I found the prisoner staying there—I produced the box to her—it was precisely in the same state as when I took it from Neale's—I told her I was exceedingly sorry to suspect that she should take any of our articles, but as I did suspect her, I desired her to open that box before I paid her her wages, which were due to her—she protested that the box contained nothing whatever of mine, only articles belonging to herself, preparatory to her own house-keeping—I said, "Never mind, I must see the inside of the box, because it was taken to Mrs. Neale's under certain very suspicious circumstances"—the box was sewed up in a bag and sacking, and also corded quite securely—I gave her my pen-knife and told her to uncut the sacking and open it—she again protested that it contained nothing of ours—she took the cover off, and I saw it was my own box, a square packing-case, about a foot or fifteen inches square, without a wooden lid to it—I said, "That is my box"—she said, "The box is yours"—this now produced is the box and bag and the articles in it—the first articles found, which were at the top, were some pieces of sheeting which had been cut up, and which I claim—this is part of the sheet which has been cut—here is the remains of a mark—the lower mark, R., is very distinct indeed—the upper mark is not so distinct—it has evidently been erased—I believe this upper mark has been F. C. R. or F. S. R.—I will not be quite certain which—if it was F. C. R. it belonged to my father, whose property I am now in possession of—the R. is most distinctly mine, and I recognised it immediately—here is another part of the same sheet with no mark on it—this is another part of the same sheet hemmed in one part and cut in another—this other is part of. the same sheet, cut up and hemmed, and this other is part of the same—it is a sheet cut up—the next articles found some towels—here is one marked F. R. 12, very distinctly—she said she bought the towels and the sheeting at Shoreditch, and she could bring her mother to prove it—there were two or three other towels, one of which Mrs. Reeves recognised, but I did not put them into the indictment, because
the mark had been cut out—here are some old table-napkins which Mrs. Reeves can identify better than I can, but from their general appearance I should say they were mine—here is my mark, F. J. H. R.—it is an old napkin, burnt and in holes—here is a table-cloth, a common one certainly, probably a nursery table-cloth—it is marked F. J. H. R. indistinctly, but still sufficient for me to speak to—this is a good table-cloth, a superior one—I cannot trace the mark in this, but I can swear to it—she took it hastily out of the box and said, "That if yours, but how it came there I don't know"—these silk socks are mine—there is no mark, but I can swear to them from having worn them frequently—they are the same kind I wear of an evening—she acknowledged they were mine, but said she thought perhaps they might have been put into the box by mistake for her own—here are some pieces of carpeting, the remains of the drawing-room carpet which had been fitted to another room—I can swear to them from the pattern—they were kept in a room up stairs with other things—I immediately gave the prisoner into custody, and told her "I shall now proceed to exa-mine the other box which you left with the other servants' boxes in the store-room, of which you took the key"—she had put a box in the store-room at East Sheen, as my house was occupied by another gentleman—I then went to East Sheen and found the other box—it was locked—there was no key in it—I put a cord round it to prevent its being opened, and took it down to Brighton, locked as it was—it was opened before the police at Brighton, and in the prisoner's presence—she was at first asked for the key—she said she had not got the key, but she had lent it to a sister of Mrs. Reeves, at Brighton—we then had the box broken open—no application was made to Mrs. Reeves's sister for the key—she was at Brighton, but not staying at our house—it was done all in a moment, just before we went in before the Justice—I did not find the key afterwards—on the box being broken open these two books of mine, and some other articles, which are not in the indictment, were found—I mention that to show these were not the only things stolen from me, and to show that I am not prosecuting a person for nothing—I have lost a number of things which I could certainly claim, but I wish to make the indictment as small as I can—I can swear to this book—my name is in it from my own plate, and this other I can swear to from having been in my family—I believe the articles are valued at the lowest minimum of value I could possibly put in the indictment.
Cross-examined by MR. CLARKSON. Q. I understand that this prosecution gives you great pain? A. It does so; I prosecute very unwillingly indeed—I have none of the things here which are not included in the indictment—I do not know that the prisoner is a superior person for her station—she was a clever woman, and a very good servant for some time—she was engaged as cook, not as cook and housekeeper—the house-linen is in charge of the housemaid—Mrs. Reeves takes a proper part in the domestic concerns—the house-linen was in the prisoner's charge for a short time, a month or six weeks, in the interval of one servant leaving and another coming—our stock of house-linen was not more than necessary for the use of a large family, and of a quality fit for a person of my station—I should say this sheet was of as much value as any good sheet—I do not know that Mrs. Reeves quarrelled with the prisoner at all, except that Mrs. Reeves had heard, and so had I, from the other servants, of her habits of drunkenness, and therefore we did not place so much confidence
in her as we had formerly done—I had heard of that for three or four months—it was before that she was placed in charge of the house-linen—I do not know how long before, it might have been five or six months ago—this sheet has been worn—the value of the articles is not the point in question—it has been mended, and here is a hole—I do not know the value of the sheet—it may be worth 5s. or 10s., or half-a-crown—I gave a value to the officer to put in the indictment, but it is a mere nominal value; I forget what it was—I do not choose to answer any of those questions which do not affect the charge at all—this table-cloth is damask—I see there are holes in it, and it has been darned—I have, perhaps, valued it at 10s.—it is an old one—I can see through it in half-a-dozen places—this other table-cloth is diaper—it is full of holes—there are holes in the socks—I may have left them off, but I never gave them away—I have valued them at half-a-crown—these napkins I have valued at 2d. a piece, this towel at 6d., and these three yards of carpet 6d.—the carpet has not been cut up and distributed to the poor people in the village—a servant whom I can produce saw the prisoner selling some of that carpet to a man who came into the yard to buy grease of her—that is not in the indictment, it only shows what a pilferer I had in my house—I gave none of the carpet away—I will not swear none has been given away, but I think not—I know this piece of sacking—I have seen it in the lumber-room—it came with other things, but I do not put any value on it—the prisoner gave warning to leave to Mrs. Reeves, at Brighton, while I was at Mortlake—the notice to leave came from her.
Q. Then, though from four to five months before you had been told she was drunken, you kept her the whole of that time, and parted with her on her giving you notice? A. We were told she was drunken, but we were very unwilling to believe it; but the circumstance of her going away was not connected with her drunkenness—we had not discharged thirty-four servants in the twelve months the prisoner lived with us—there was one servant who came, a very respectable woman, who, I believe, went away in consequence of the prisoner's drunken habits—I do not know how many servants we turned away in the twelve months—perhaps three or four changes have taken place within the last year, not more; not half a dozen—I do not see what that has to do with the case—one of these volumes, "The Heiress of Bruges" I missed the day before I left Sheen—the other was in the use of the children; it is one of Hannah More's tracts—they are odd volumes—they were found at the top of the box—that box contained articles of the prisoner's—the articles have been restored to her, but the box was kept, and is now at my house—we were not ordered to bring it here—I did not take it before the Magistrate—it was an old leathern trunk—it belonged to me—I had lent it to her to put her things in, previous to our going to Brighton.
Q. Do not you know that the key of that box was left behind her when she went to Brighton? A. On my oath, I believe she took the key with her, and she said she had lent the key to Mrs. Reeves's sister—I never sent the key to her by Taylor—I knew nothing about the key—I never sent the key of that box to her by Taylor—the prisoner went to Brighton on the 20th of Aug., and on the 21st we followed—I had no key of any box that I sent to her by Taylor at any time—the box was locked, and from the time of my finding it in the store-room I never saw the key of it, nor have I to this moment, and I should not know the key if I was to see it
now—the box I found at Neale's was not an old candle-box—it was a box sent to me, containing a lamp—I do not know whether it was used as an old candle-box—I certainly should not have prosecuted her for taking the box alone—there was no confusion in the packing, no more than ordinary when a large family moves—I do not know that these napkins had been sent down into the kitchen to be used as dusters—the prisoner had not lent me a box—she may have lent one to some of my family, or some of the servants—both the boxes were in the store-room before either was sent to Mrs. Neale's—it was about six weeks after she had been at Brighton that I fetched the box from Sheen—I knew she was at the Lord Nelson—she left word she was staying there—there was no secret about that, because we were to hear from her again—I was at Sheen when she left, and her wages were not paid till I returned—they were paid on the 10th of Oct., the day after she was admitted to bail—I did not oppose her being admitted to bail—I particularly wished it, and requested she might not be kept in custody—I did not want to put her to more pain than was necessary—I gave her in charge on the 25th of Sept.—it was on Saturday, the 27th, that I saw the first box at Mrs. Neale's—I went with Finlayson, the policeman, and saw it—I told them not to part with it till either myself or a proper authority should come for it—that was the first time I saw it—I had known of its being there very soon after I got to Brighton—I knew it about a month previous to the 25th of Sept.
COURT. Q. Why did not you look after it a month previously, instead of waiting till she had given notice to quit? A. We did not wish to believe there was anything in that box belonging to us, and therefore we determined, as she was still in our service, to let the thing remain till we got back to Sheen, and then satisfy ourselves as to its contents—we knew from the report of the other servants that she bad sent the box to Neale's.
MR. CLARKSON. Q. How long had you known of her drunken habits, and of the box being at Neale's, before she gave you notice to quit? A. I heard from my wife of the box being at Mr. Neale's about a month or five weeks before, and of her drunken habits a long time before—I saw the box twice at Neale's, once when I first went, and again when I removed it—I did not take it away the first time, because I was not going to Brighton immediately—I was going to stay three or four days at Sheen—I did not remove it till the very day I went to Brighton.
Q. Did you send any key of any box by Ann Taylor to the prisoner, saying you had locked the box, and desiring her to give the key to the prisoner? A. No, I did not—was it likely I should lock a servant's box for her?—the misunderstanding between the prisoner and Mrs. Reeves took place on the 25th of Sept., the day before she left—when I first gave charge of her, I made no charge of anything contained in the second box I made the charge before Major Willard—she was sent in custody to Surrey—a Surrey sergeant came down and took her into custody from there—the Magistrate did not remark that he thought my conduct was very strange; but Mr. Bennett, an attorney employed to protect her, took mitting every opportunity of insulting me in a very unbecoming manner—the Magistrate said, "It is a painful thing, but you are very right, and don't be afraid of being abused by this person"—Mr. Penryn, one of the committing Magistrates, is a friend of mine—I was staying at his house at the time I took the box—I went with Mr. Penryn's warrant with the officer
from Sheen to apprehend her—Major Willard sent me for the warrant—he told me I could get one—it was necessary for me to go and make a deposition, and then I came with the officer and the box—Major Willard did not send me for the warrant, but he said, "If you want this thing gone into, you must go before a Surrey Magistrate and get a warrant"—I went and got Mr. Penryn's warrant, and returned to Brighton to take her into custody—Major Willard and Major Allen backed the warrant, and we went to the police station and waited for her—I had nothing to do with it then—it was out of my hands altogether—I do not know that it was the prisoner's duty to keep an inventory of the things that were worn out, as they got worn out—I do not think it was by any means her duty to throw them aside as they were worn out.
COURT. Q. Was she intrusted with a discretion to discard things which the might deem no longer fit for use? A. Certainly not.
MR. CLARKSON. Q. Is the sheeting you claim all of the same quality? A. I believe so—I believe it is a sheet cut up—it has every appearance of it—I wish particularly to say this is a most painful thing for me to do.
SOPHIA REEVES . I am the prosecutor's wife—our family went to Brighton on the 19th or 20th of Aug.—the prisoner went the day before I did—she went in the morning, the governesses and the children in the afternoon, and I went next day—while there, I heard of the box having been left at Mrs. Neale's, but I said nothing to the prisoner about it, until about a month after we had been at Brighton—I was speaking to her about something in her bills which I was not satisfied with, and she gave me warning to go that day month—I then said I had also something to say to her, and I spoke to her about her habits of drinking, which had reached my ears very much from all her fellow-servants and others—this she denied in the most strenuous way—I then said, "I understand that you sent a box to Mrs. Neale's cottage the day before we left for Brighton; and I wish to know why you did so, and what that box contains?"—she looked rather confused, and said, it contained a collection of things, towards her own housekeeping, but nothing whatever of mine, the could assure me, over and over again—she said, "There are towels, now, ma'am, you might think are yours, but when I was in such a place, I was on board wages, and was obliged to buy things of my own; but there is nothing of yours, I can assure you"—I said, "I do not understand, then, why you did not leave it openly in the store-room with the other servants' boxes," for which she gave the most extraordinary foolish reason, that it was a very unpleasant thing to leave boxes in a store-room with the other servants' boxes, when in the spring another girl's boxes had been looked into—I said, "I do not know what you mean, Ann, but it is very unpleasant for masters and mistresses to be robbed; and if we find it out we shall follow it up"—she said, "Certainly"—I said, "I think it right to tell you, when I go back to Sheen, I shall examine the contents of that box which has given rise to suspicion among your fellow-servants; and as I have lost so much linen lately I shall look into all the servants' boxes, what is due to one servant is due to another"—she said I might, for there was nothing of mine in it—the result of our interview almost was that she would stay, for she explained everything away so, and I said I did not wish to part with her if she did not drink, and I said she had better go down to her fellow-servants and speak with them—in the meantime I had several things to convince me it was true—next morning she came and
told me she should not stay—I said, "Very well"—she said she should go because she saw I did believe all this, or something about it, and she should leave me—she went down and came up again in about half an hour, and said she should go that very day—I said, "To-day?"—the said, yes, she felt so unhappy in her mind, she should go that very day—I said then of course I should not give her a character—she went that day—Mr. Reeves was then absent at Sheen, and I desired her to come next week and have her wages paid—I did not ask her where she was going to stay at Brighton, but I knew from the servants—I knew she had friends at Brighton, and that she was going to some of them—her wages were twenty guineas a year—(looking at the articles)—here is but one here that I can see a mark upon—this has been cut out—I can hardly tell whether these pieces form part of the same sheet, but I miss three pairs of these sheets—there were fourteen pairs when the list was made, and there are now but eleven pairs of sheets of this quality, servants' linen sheets—here I can see the letter "R" quite plainly—it has been rubbed evidently, but I can see it—it is done with marking-ink—the ink washes out very much, and it is rubbed, too, evidently—anybody can see that—this is quite plain, "F. R. 12" on this towel—I can hardly say whether we have missed towels, for we have bought many lately, and the list is not correctly made out—indeed I did not miss the sheets until I made out the list again yesterday, at least the housemaid did—I intrusted the prisoner with the key of the linen closet at one time, when we were changing housemaids, till the new one came—I can swear to this table-cloth—the mark may have washed out, but I am perfectly certain it is ours—this other is an old common nursery one—it is mine—the prisoner at once admitted it was mine—the marks may have worn out, for they are very old—I have never missed them, for I trusted her with the key—this carpet is ours—there were some old dinner napkins, and a great many other things, but we only put aside such as we could identify—I thought everything that had been put by was marked, because there was a selection made—I cannot give a notion what these things are worth—I suppose if this sheet were whole it would be worth from 8s. to 12s.—I never expressed a wish that the fact of the box being at Neale's should not be talked about by the servant.
Cross-examined. Q. Select from these articles those you can swear to, and put aside those you cannot? A. This piece of sheet, and this towel I can swear to, and these table-cloths—I swear to this table-cloth—it is exactly like ours—I do not see a mark on it—it is an old one—probably it would have been cut up for fish napkins or something of that sort—it is worn out for use in the dining-room probably—the sheet is certainly not worn out—I have not seen any holes or darns in it—I do not know whether some of the servants' sheets may not have holes in them—I hardly know how many servants were discharged while the prisoner was there—we had three or four housemaids, and two or three girls came on jobs for nursery-maids, and did not answer—we had a new footman while she was there, and my maid was changed—there were certainly not twenty changes—there may have been nine, ten, or twelve, but not regular servants—three new housemaids and a laundrymaid came—my own maid married and went away—the footman was new, and two or three nursery-girls—the prisoner was not cook and housekeeper—she was a sort of housekeeper—she kept the key of the store-room, and was the upper servant—her own sister was
One of the servants who left—she persuaded me to take her as kitchen-girl, and she was turned away—I do not know whether this old dinner napkin is marked—I do not think it is, and I do not wish to swear to it—the others are all marked, I believe.
Q. Pray did you ask the prisoner to stay with you, after she had given you notice to leave? A. Certainly not—she explained away her conduct, and got herself into good humour again—she said she should leave, because I suspected her dishonesty about her bills—I had complained of there being much more sugar used than was necessary, and of her saying there was some had up in the nursery, when there was not—5lbs. was gone in a very short time, and I said I should keep it henceforth, which affronted her, and she gave me warning—I do not think she kept an inventory during the time she had charge of the linen—I was ill shortly after she came—I looked very little to the linen—I paid the weekly bills, and always examined them—she ordered in things occasionally, not entirely what she thought necessary, subject to me—I certainly exercised a discretion on the subject—I took the management of the household affairs to a degree—she ordered in sugar, and what was necessary for consumption in the house—I never sent any napkins down stairs to be used as dusters—nothing of the kind, and I should very much have disapproved of her doing so—I was not examined before the Grand Jury—I was at the court at Brighton, but was not examined.
MR. BODKIN. Q. How many regularly hired servants were discharged or left you during the time the prisoner was with you? A. Perhaps seven or eight—one was a nurse, who was sent to me—I did not like her, and gave her a month's wages, and sent her away—the prisoner's sister staid three months—she took her in while I was ill—I never even saw her—some of the nursery-maids staid six weeks, and some two months, and the laundry-maid left to go and live with her brother.
CAROLINE TAYLOR . Iam kitchen-maid to Mr. Reeves—the day before we went to Brighton, the prisoner told me to take a box over to Mrs. Neale's cottage, and she would take care of it till she came from Brighton—it was a box covered with canvas, and fastened up—I took it over, and gave it to Mrs. Neale—I saw a box brought down to Brighton by Mr. Reeves sometime after—it appeared to be the same box that I carried to Neale's—the day before the prisoner left, when she came down from Mrs. Reeves, she said I was not to go up-stairs and say anything about that box, she did not want it named.
Cross-examined. Q. Did you recollect that before the Magistrate? A. Yes, I have been nine months in the service—there have not been many servants changed since I have been there—not more than five or sir—the nurse-maid, ladies-maid, three house-maids, and one kitchen-maid, and there have been two nurses for the children—I did not know the box that I took to Mrs. Neale's—there was not a good deal of confusion in the packing, before we went to Brighton—I do not know that any of the prisoner's things were put up along with the house things—I had nothing to do with the packing—I received the key of a box from Mr. Reeves the day before I went to Brighton—I went on the Thursday, the day after the prisoner went—it was the day I went I received the key from Mr. Reeves—he told me I was to take it to Brighton, and to ask Ann Craft if it belonged to her, for he found it in her room—I asked the prisoner if it belonged to
her when I got to Brighton, and she said, no—she would not take it—I took it up stairs—I have not got it now, and do not know where it is—I have never applied it to the box with the lid to it—I did not tell Mr. Reeves that I had offered it to her, and that she had refuted it—the box is at East Sheen—it was the box that was left in the store-room—I am still in Mr. Reeve's service—the key was left at Brighton—I put it up stairs in the servants' room, and do not know what became of it—nothing has been said to me about it since—this is the first time I have been asked about it—the prisoner never mentioned it to me, nor did any of the servants—it was a small key, about the size of an ordinary trunk key—I did not tell the prisoner's mother anything about it—I told Mrs. Neale of it at Mortlake, in the presence of the prisoner's mother and Mrs. Knight—I heard them talking about a key, and I said I bad taken a key to Brighton, to ask if it was hers.
MR. BODKIN. Q. Do you know at all what key it was you received? A. No, I do not know what it belonged to.
ELIZABETH NEALE . I live at East Sheen, opposite to Mr. Reeves' house. I knew the prisoner when she was in Mr. Reeve's service—the night before she went to Brighton she asked me if I would take care of a box for her till she returned—I said I would—Caroline Taylor brought it over—that box remained in my possession in the same state till Mr. Reeves came with the officer.
Cross-examined. Q. Did you know the prisoner at all till she came into Mr. Reeves' service? A. No, I was no acquaintance of hers.
JAMBS FINLAYSON (police-sergeant V 13.) I went down to Brighton in company with Mr. Reeves, and took the prisoner in charge—I brought her to the Magistrate in Surrey, by whom she was admitted to bail—she has surrendered to-day—I have produced the property.
(The prisoner received a good character.)
GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined Seven Days.
2149. JANE HAWKINS was indicted for stealing, on the 1st of March, 1 pot of jam, value 1s.; 1 towel, 1s. 9d.; 2 yards of printed cotton, 2s.; 4 carpets, 2l.; 3 yards of carpeting, 2s.; 5 yards of oil-cloth, 2s.; 1 pair of scales, 6s.; 1 jar, 6d.; 31 candles, 2s.; the goods of Amelia Tritton, her mistress:—I dresser-cloth, 1s. 6d.; 6 1/2 yards of printed cotton, 3s.; and 1 hat-box; 6d.; the goods of Israel May Soule; and 12 pairs of gloves, 12s.; the goods of Joseph Hanson; and WILLIAM FRITH and ELIZABETH FRITH for feloniously receiving the same, well knowing them to have been stolen; to which
JANE HAWKINS pleaded GUILTY .
ELIZABETH FRITH pleaded GUILTY .
Mr. Huddleston, for the prosecution, offered no evidence against
WILLIAM FRITH— NOT GUILTY .
2150. JANE HAWKINS and ELIZABETH FRITH were again indicted for stealing, on the 5th of Sept., 1 loaf of bread, value 4d.; 2 eggs, 3d.; 1/2 lb. of mutton, 3d.; 1/4 peck of peas, 1s.; 5 apples, 1d.; 2 heads of brocoli, 2d.; 2 turnips, 1d.; 1 bottle,1d.; and 1 pint of milk,1d.; the goods of Amelia Tritton, the mistress of Jane Hawkins; to which
HAWKINS pleaded GUILTY . Aged 49.
FRITH pleaded GUILTY . Aged 55.
conifned two months.
Before Edward Bullock, Esq.
GUILTY .— Confined Six Months.
Before Lord Chief Baron Pollock.
2152. ELIZABETH WOODCOCK was indicted for feloniously assaulting Nicholas Reseigh, and wounding him on his left hand, with intent to maim and disable him:—2ND COUNT, with intent to do him grievous bodily harm.
NICHOLAS RESEIGH . I am a hatter, and live at Williams-place, Union-street, St. Saviour's, Surrey—on Monday, the 6th of Oct., I and my friend Rosewarne went into a public-house and had some beer—the prisoner came in afterwards, and sat at another table—I know her by sight but not by name—after sitting there some time she left and came to the table where we sat, and wanted to direct her discourse to us—I put up my hand to her and told her she had better keep her own company—she began talking to us—we would not listen to her—all I said to her was to keep her own company—there was a knife lying on the table—my left hand was resting on the table, and so was Rosewarne's right hand—she caught up the knife and cut both my hand and Rosewarne's—my little finger was cut, and the next finger very slightly—she was sitting in front of us—she had had a little to drink—I did not consider her drunk—Rosewarne was not able to work—his right hand was cut—we were both cut by one movement of the knife—I looked at my finger and said, "Good heaven, she has nearly cut my finger off," and I went to the doctor—the prisoner came after me to the doctor's and said she would pay the doctor's expences—I said I did not want anything of that—I did not see her afterwards till she was taken by the policeman on the 14th of Oct.—it was on the Tuesday—I was before the Magistrate when she was examined—she said we had both offended her very much, that we gave her some gin, and took liberties with her, one of the liberties was so gross she was afraid to mention it—I do not know what she meant—I did not hear her say we had nearly got her clothes over her head—she might have said so—I was there all the time—I did not hear her say I had nearly got her clothes over her head—I am not the quickest person at hearing.
Prisoner. They used me shockingly; they both took liberties with me; one used me very bad indeed; I had a knife in my hand cutting an apple for my little girl; I do not know how it happened; I said I would pay the doctor. Witness. What she says is quite false—there was no little girl with her—she had a little girl at first, four or five years old, but not then—I applied for a warrant next day.
JOHN ROSEWARNE . On the 6th Oct. I went with Reseigh into the George public-house, Gravel-lane, Southwark, and sat inside the table—the prisoner was at another table, she came over and wanted to introduce her company on us—my friend said, "My good woman, we want to have nothing to do with
you, keep your own company"—that knife laid on the table—she caught it up directly and cut both our hands, as they rested on the table—the fore finger of my right hand was cut—there was no wound on any other part of my hand—she did not make more than one cut—our hands were resting on the table, as we were in conversation together—I believe the prosecutor's hand was cut first—nothing was done or said to her more than I have stated—I think she was a little in liquor, not much—there were several people in the room, four or five I suppose—I did not know any of them—we went out to get our wounds dressed—I made no complaint till next day—I spoke to nobody in the room, nor did I complain to the landlord—I had never seen the prisoner before to my knowledge—next day we found out who she was—we applied to the landlord—he did not tell us—we found it out by inquiring of other persons—we went together next day to complain—Reseigh went to a surgeon to get his wound dressed, but I got some strapping and did mine up myself, having no money for a surgeon—he went to a surgeon and I went home—I made no inquiry about the prisoner that night—this happened about the middle of the day—I was not in the house above an hour or so—we had two pints of beer and a quartern of gin—the gin was between three of us—the third was a person that Reseigh knew—she was not there when this happened—she had gone—it was a woman, a stranger to me—she did not go in with us—she came in, it being a wet day, for shelter, to have half-a-pint of beer, and Reseigh gave her a drop of gin out of the quartern—she did not sit down—the prisoner had no gin to my knowledge—she had no drink to herself in that room.
JOHN LONDON (policeman.) I took the prisoner in charge on the 14th. of Oct. on a warrant—she said she knew what I wanted her for, it was for cutting two men in the hand—she said she had offered 10s. to make it up—I found her in Norfolk-street, Southwark-bridge-road, at her mother's—I have seen her several times before—I believe she is married.
Q. Did she say anything to you about the men behaving ill to her? A. Yes, at the time I took her—I forgot to name that—I did not state it before the Magistrate—I was not asked the question—she said the men had behaved ill to her in taming her clothes up, or something of that—she said so as I was taking her to the station-house—I neglected to state that.
Q. Why state what made against her, and suppress what made in her favour? A. I did not recollect it at the moment—she made the same statement before the Magistrate.
Prisoner's Defence. I went into the George with my little girl, it being a wet day, to have a pint of beer; these men sat at the table, and asked me whether I would have a glass of gin; I said, "No, thank you, I am going home." I had an apple in my hand for my little girl; the eldest man put his hand down on the ground to pick something up, and took very indecent liberties with me; and his comrade hugged me round the neck; my little girl hallooed; they immediately got up, and their hands were both cut and bleeding; I followed them outside the door, and said I would pay the doctor for dressing their hands; they made use of some very bad expression to me.
NOT GUILTY .
Before Mr. Justice Maule.
MR. PRENDIRGAST conducted the prosecution.
THOMAS HYETT . I am nine years old, and live with my parents, in salutation-court, cornwall-road. On friday, the 27th of sept., I was with my little sister who is younger than me, in church-street, and a lady gave me a parcel to take to mrs. smith, no. 3, Pier's Cooperagee—I was to make haste back, and she would give me 1d. when I came back—I was to say mrs. smith was to get tea ready, and she would come directly—I have seen the woman since at tower-street station and at the police-court—I am sure the prisoner is the person—I heard her speak, and I knew her voice directly—I took the parcel to no. 3, pier's cooperage, and gave it to mrs. smith, who was at home with her little girl—I went back to the woman, and she was gone.
Cross-examined by MR. DOANE. Q. it was a week after the parcel was given to you that you were taken to the station to see the woman, was it not? A. yes—I was quite sure the prisoner was the woman then—I looked at her, and directly I heard her speak I knew her voice directly—I said I thought it was her directly I went in, before I heard her speak—it was her speech made me know her, and her looks—she had never spoken to me before she gave me the parcel—I did not see any other woman at the station—the policeman had not told me they had got the woman in custody—he took me to the station to see if that was the woman who gave me the parcel—I expected to find the woman there from what the policeman said—my little sister did not go with me to the station—my mother did.
CATHERINE SMITH . I live with my son, at no. 3, pier's cooperage, corn wall-road. On the 26th of sept. hyett came to the door with a parcel—I took it from him—he gave me directions to get tea ready, and the woman would come to me directly—I proceeded to get tea ready—my son patrick came in afterwards—I showed him the parcel, and showed it to mrs. pemberton, who was there—I delivered it to my son—we all three looked at it—there was a little tea for one person, and lump and moist sugar, about a pound together—it was mixed together—the tea was in a bit of paper by itself, and it was all done up in paper—my son and mrs. pemberton went to the doctor with it—I delivered it to my son in exactly the same state in which it was brought to me by hyett—I know the prisoner and my son have been acquainted—I knew her myself.
Cross-examined. Q. Is Mrs. pemberton your daughter? A. no, nor any relative—she is a neighbour—I did not put any tea into the pot, I only got the kettle boiling ready for her coming—when my son came in the kettle was boiling, but no tea was made—we were expecting her—she had never been to that house—we had removed there three months before—she never took a meal there.
MR. PRENDERGAST. Q. did the prisoner know that your son and you had been living together? A. Yes, she knew that since his wife died he lived with me.
PATRICK HENRY SMITH . On the 26th of Sept. I was living with ray mother. I came home that day about six o'clock—I was in the habit of having my meals with my mother—when I came home she showed me a parcel of tea and sugar—Mrs. Pemberton was there—I and Mrs. Pemberton took the parcel to Mr. James henley—I have known the prisoner some
time—she was in my house with me, and attended my wife during her illness—there was some intercourse between me and her—she has said she was married to me—my sister told me she said so, and the prisoner said it was the case—that was said at my sister's child's christening, about three months ago—she said I had been married to her on Whit-Monday—I was never married to her—in consequence of her saying so I have ceased to have any connexion with her.
Cross-examined. Q. Did you see a marriage-certificate? A. I have—I solemnly swear I was never married to her—I believe she has three children, if not more; I know she has three—it is about three montht ago that I heard she said she was married to me—I have seen her since—I saw her when I went to the church to ascertain whether I was the man that was married—I knew I was not the man, but I went to show the authorities of the church I was not the man—that might be two months ago—I think that was the last time I saw her—I went to the church of St. John, Paddington—I went there in consequence of what Isaw in the certificate—I was never at that church in my life until I went to show I was not the man, never for any purpose—I went to the clerk's house, and to the beadle, but not to the church—I will swear I was never married to her at that or any other church.
MR. PRENDERGAST. Q. Where were you last Whit-Monday? A. Filling charcoal, at Kennington, from half-past eight o'clock in the morning till half-past four in the afternoon—there are persons here who know where I was.
Cross-examined. Q. Do you know anything of the prisoner? A. No.
JAMES HANDLEY . On Friday, the 26th of Sept., a parcel was brought to me containing tea and sugar—the tea was a separate parcel—the sugar was brown, and some lump—I took several of the crystals, tested them, and immediately suspected it was oxalic acid—I recommended Smith to take it to a chemist, to have it analyzed—he brought it back again to me about a week after—I had not put any mark on it—it appeared very much like the same, as there was the particles in it precisely similar—I tested the crystals when it first came—I should say decidedly, on mere inspection, that they were oxalic acid—I tasted it as well—it had a very acrid taste—I know of nothing else that conveys that peculiar pungent taste and appearance; it certainly could not have been sugar—I know of nothing it could have been but oxalic acid—when I first saw it I had to doubt it was oxalic acid—I tasted it the night he brought it; in fact, I effervesced it that night—I put prepared chalk with it, and it eflfervesced immediately, which confirmed my opinion, and showed it was oxalic acid—I did that the first time he brought it to me—there is nothing else, that I am aware of, of the same appearance and taste, that effervesces to that Way—I have no doubt it was oxalic