CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand by
SESSION I. TO SESSION VI.
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, 24th November, 1845, and following Days.
Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; The Right Honourable Thomas Lord Denman, Lord Chief Justice of Her Majesty's Court of Queen's Bench; Sir James Parke, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Sir John Key, Bart.; Sir Peter Laurie, Knt.; Thomas Kelly, Esq.; Sir John Pirie, Bart.; the Right Hon. Charles Ewan Law, Recorder of the said City; John Kinnersly Hooper, Esq.; John Musgrove, Esq.; William Hunter, 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 Sheriff' 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.
The following prisoners, upon whom the judgment of the Court was, at the time of trial, respited, have been sentenced as imder:—
CENTRAL CRIMINAL COURT
JOHNSON, MAYOR. FIRST 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, 24th of November, 1845.
First Jury, before Mr. Recorder.
1. ROBERT ADLINGTON was indicted for feloniously being present, aiding and assisting Thomas Adlington, who had been declared a bankrupt, to remove, conceal, and embezzle, certain part of his personal estate.—Other COUNTS, varying the manner of stating the charge;—also for feloniously assisting the said Thomas Adlington to alter, &c, his books;—also for indicting him to neglect to deliver up part of his estate.
MR. DOANE offered no evidence. NOT GUILTY .
(See Twelfth Session, Gibbs, Mayor, page 888.)
2. MARY ELLIOTT was indicted for unlawfully keeping a house for the reception of lunatics, the same not being licensed; to which she pleaded GUILTY , and entered into her own recognizances to appear for judgment when called upon.
3. RICHARD TURNER was indicted for stealing, on the 1st of Sept., 1 set of bed-furniture, value 25s.; 1 easy chair, 26s.; 1 carpet, 14s.; 1 chest of drawers, 1l. 14s.; 2 mattrasses, 1l. 15s.; 2 palliasses, 1l. 7s.; and other articles; the goods of Edward Hugh Gardiner, in his dwelling-house.
MR. DOANE, for the Prosecution, declined offering any evidence.
NOT GUILTY .
4. MARK GLAZIER was indicted for stealing, on the 1st of July, 1 dressing-ease, value 5l.; and 1 neck-chain, 3l.; the goods of James Husband.—2nd COUNT, stating it to be the property of the Great Western Railway Company, his masters.
MESSRS. CLARKSON and HUGHES conducted the Prosecution.
JAMES HUSBAND . I live at Bayswater-terrace, Paddington. On the 1st of July, 1843, I was a passenger by the Great Western Railway, from Devonport—Mrs. Husband was with me—among other luggage I had a dressing-case, which was missing on arriving at Paddington—(produced)—this is it, and the fittings which are in it were in it then—there was a gold chain, which
is not here—there were papers in the case with Mrs. Husband's address on them, and the case had a cover to it, but no name—we resided at Devonport at that time.
Cross-examined by MR. BALLANTINE. Q. At what time did you arrive? A. About ten, or half-past nine o'clock—I think the gold chain cost me 14l.—I have not found it.
Cross-examined. Q. Is the person here who took it in? A. No, he has left—I do not know a man named Morse, nor Williams—neither of them are our customers, to my knowledge.
CHARLES OBORNE . I live in Church-street. Morse lodged with me last year for a long time, up to about Jan. this year—I have seen this dressing-case before, about the beginning of this year—Morse had not got it when he first came to live with me—we had a small house between us, at Kensal New Town, we were in arrear for rent, and money was advanced on the dressing-case by Mr. Fowler, to pay the rent—it was lent to Morse and me.
Cross-examined. Q. Who took it to Fowler for money to be lent on it? A. My wife—it was not done by my direction—I thought it was Morse's box from what he told me—he brought it there—it is not a common one.
COURT. Q. Is it a lady's dressing-case? A. Yes—I thought it was his—I do not know whether it was broken open when I saw it—this piece was broken off.
Q. Had you any doubt that it had been forced open? A. The key might have been lost.
JANE OBORNE . I am the wife of the last witness. I took this dressing-case to Mr. Fowler, and he lent me money on it—I left it there in my own name, but for Morse, who had brought it home to the house one evening, just before Fowler had it—it might be a month or six weeks before last Christmas that Morse brought it—I did not see it after Fowler had it.
Cross-examined. Q. Who gave it to you to take to Fowler? A. Morse—I considered that it was his property—he did not tell me so—he brought it home one evening—I did not notice whether it had been forced open—I have known Morse about a year and seven months—he sells butter—I did not consider the dressing-case to be in his way of trade—he had got some furniture to keep for a lady, and we did not know but it might be with it—he had tables, chairs, and drawers—I did not see half the things—he told us he had them when he first came to live with us—we did not want to sell the case—we got 26s. on it—I have seen Williams here—he was never at our house—I was first a witness against Morse.
JAMES MORSE . In July, 1843, I was one of the servants of the Great Western Railway Company—I was stationed at Paddington, in the goods' department—the prisoner was also stationed in the same department—I have been in custody charged with participating in the stealing of this property—I left the service of the railway about Aug., I believe, 1843—I left on my own account—I stated that I was going to see my friends—I had leave of absence for a week for that purpose—I did not go back to the railway—I did not inform them that I had quitted their service—I returned, and resided in the immediate neighbourhood of the railway, and sold butter—the railway people knew I was on the spot—about a fortnight before I quitted the employment, I met the prisoner at the Red Lion, Red Lion-street, Whitechapel—we had agreed to meet there—the witness Williams was also there—he did not come in by accident—w e had agreed to meet
there—I have known him for years—I had met him in Fleet-street that morning—the prisoner said he had a little box or case to dispose of, which he had from his sister—he asked me if I knew who would buy it—I understood him to say his sister lived near Temple-bar—he produced this box—it was unlocked—it looks as if it was forced—it looked so then—he had it in a green-baize bag—Williams was to buy it of him for 9l. 15s.—these glasses and fittings were in it, and there was a gold chain, which the prisoner produced from his pocket—in a day or two, or two or three days after, Williams brought the case to my house, No. 1, Conduit-street, Paddington—he brought it to deliver it up to the prisoner because he said it was not worth the money—I saw the prisoner in a few days or a week after, or something like that—I told him Williams had brought it back, and he would not have it, and he could have it when he liked—he said he would call for it some day, and take it with him—I saw him once or twice after that, but nothing more was said about the dressing-case—I kept it—the chain was sold—I sold it for 3l. 7s. 6d., and kept the money—I intended to return it when I was asked for it—I sold it to a person named Sayford—I suppose he took it to a refiner's—I do not know where he took it—I sold it to him some time in July, 1843—I believe it was the latter part—it was about a fortnight after I had it from Williams—I never disposed of the case—I got the chain from Williams's pocket—he gave it me when he gave me the case—I kept the dressing-case in my possession till I was over at Kensal-green, which was very soon after Christmas, 1844—there was a distress put in for rent, and Mrs. Fowler lent 26s. on a table, two chairs, and this case—she lent it to Mrs. Oborne, by my direction, and I paid the rent with the money—I did not go and live in the country after leaving the service of the railway—I went into a butter-shop in North-street, very soon after—I got my butter up by the Great Western Railway, and had to meet it there, and always do—I did not ask the prisoner's permission to raise money upon the case—he was at Bath at the time—I did not write to him—I pawned without any authority—they would have taken it if I had not—the prisoner never called for the case or chain—I was taken into custody on the 18th or 19th of last month—the box was proved to have been in my possession for the last year—I did not say anything at that time about who gave it to me—I said I got it from the prisoner, when Collard apprehended me—I was three times before the Magistrate, and then let out—I made this statement against the prisoner when I was first taken.
Cross-examined. Q. Do you mean, when you were first taken into custody by Collard, you stated that you had got it from the prisoner? A. When we were going along in the cab—I did not at first say I knew nothing about it—when Collard took me he said I must consider myself in his custody—I said, "What for?"—he said, "For stealing a writing-desk"—I said, "I never stole a writing-desk"—he said, "How did you come by it?"—I said, "I never had a writing-desk in my possession"—I did not on my first examination forget all about the gold chain—I was not asked anything about it, and did not mention it—I did not before my next examination hear that Sayford had been found, nor did I know that he was coming as a witness—he was not called at the second examination that I am aware of—did not commit the theft myself—I was employed on the railway on the 1st of July, 1843, on the goods' side, at Paddington—I was there till ten o'clock at night, and a good deal after—I was there all night—I was on the goods' side at the time the ten o'clock train came in—there is a goods' side and a passengers' side—no passengers go on the goods' side—I had nothing to do with unpacking desks, portmanteaus, and things of that sort, only at two
trains, one at six, and the other at ten—I do not know whether I was employed to unpack the ten o'clock train on the 1st of July, 1843—if I went on at half-past four, I was; but sometimes I got a man to stay a quarter for me; then I should go on at half-past eight, and it would not be my duty to be there—I do not know whether I was there—I know I was on the goods' side—I do not know whether I was at the ten o'clock train or not—I knew Williams at that time—I have known him for years—he is a shop-ticket writer, and makes dumb-bells—I have heard before to-day when the robbery was committed—I cannot tell whether I was at work on that very train—I know I was employed at the station at that time—I did not steal the case—when I received it from the prisoner I had no notion that it was stolen, or that there was anything wrong about it—I do not know whether the gold chain was a lady's or a gentleman's—I thought it belonged to him, at least, I thought it was his sister's—I did not think I was robbing the sister when I sold it, because I could return three times its value next day—I had my goods coming up by the railway, which would enable me to pay—I got my goods.
Q. How came you not to take it back to the sister? A. I did not know where she lived—I knew it was near Temple-bar—I did not take the chain to the melting-pot—I did not expect to get it back again—if I had pawned it I could have got it out again, but I knew I should have three times the amount next day—I do not know why I did not pawn it—I made no inquiry of the prisoner's sister to ask her permission—I never knew or saw her—the prisoner knew I had the chain and box, because I told him of it a very few days after—I do not know the person that keeps the Red Lion—we had something to drink there—I had agreed to meet the prisoner, and when he and I were coming along Fleet-street, on the same day, we met Williams—I had made an appointment with the prisoner, when leaving work at the railway, that same day—I made the arrangement with Williams in Fleet-street, and we all three met at the Red Lion—the prisoner did not mention any time when I was to bring him the money—I do not know whether it was the following day that Williams brought it back—it was in the prisoner's absence—he did not know where he was—I kept it about a fortnight before I sold the chain—I did not hear of any dressing-case having been missed, nor that inquiries were making about it—I was not on the other side—I did not know it had been advertised, nor that bills were posted about describing it—I took it to Mrs. Oborne's—I never said it belonged to any one, nor how I came by it—they made no inquiries about it—I had some furniture there at the time, belonging to myself—I had no dressing-case or anything else there but what belonged to me—I had some furniture belonging to Mr. Pound, who kept the Blue Posts, Holborn—I had none belonging to a lady no lady had entrusted me with a considerable quantity of furniture about that period—I never told Mrs. Oborne whose dressing-case this was—I did not remove it from Fowler's—it was left there—I did not send the prisoner word of that—I had not got it in my power to redeem it.
MR. CLARKSON. Q. You say on the 1st of July, 1843, you were at work on the Great Western Railway? A. Yes—the prisoner was at work in the same department—I do not know whether he would be called off to render assistance at the travellers' department, if I was—it is not usual for persons engaged at the goods' department to be called off to assist in the passengers' department—I do not know that the prisoner or I were called off on the 1st of July to attend at the passengers' department—we were on at half-past four—it was our duty to be there.
COURT. Q. Are you by virtue of your employment on the goods' side employed also on the passenger trains? A. No, only two trains in the day—they
are passenger trains—it is never the custom to call off the porters from the goods' side.
Q. Do you mean to represent that on the 1st of July, 1843, you were not engaged at ten o'clock at night, at the passengers' train? A. I do not know—I will not swear I was not—I was not aware that this box was lost from that train—I am now aware of it—I knew Williams for some time—on the 1st of July, 1843, he lived in Berwick-street, Soho—I lived at No. 1, Conduit-street, Paddington, near the railroad—I do not know where the prisoner lived—it was near Temple-bar, but where I do not know—he asked me, on the day we met at the Red Lion, if I was going into the City, as I used to go three or four times a week, and sometimes over to Whitechapel, as I used to live there, and when I was waiting at Temple-bar I met Williams—I was going to Tower-hill, to Mr. Levy's, after a situation, as a butcher on board a ship—I had paid two guineas, but afterwards the captain would not agree—I met Williams accidentally, near Temple-bar—I had arranged with the prisoner to meet at the Red Lion, when we left work about half-past five or six in the morning—we met at the Red Lion between two and three in the afternoon—when I met Williams, he asked me where I was going to smoke a pipe, and his mother lives over there—the prisoner and I met together at Temple-bar—I did not call for him—I had agreed to meet him at Templebar—he had a green baize bag with him then, that was about two o'clock—we went to the Red Lion about three—the prisoner did not meet Williams at Temple-bar, he was gone further on towards the Strand—I told Williams were I was going to smoke a pipe, and he said he would come round to the Red Lion—that was before I met the prisoner—I did not tell the prisoner I had met Williams—he had no idea he was to meet Williams at the Red Lion—he did not know him—I went to the Red Lion because it was the house I used to go to, and that was the only house I knew about there—we did not meet there to sell the case and chain—I did not know anything was going to be brought forward at that time—I do not know how the price of 9l. 15s. was fixed—I do not know how much was put on the chain—I am not aware that Williams dealt in dressing-cases and gold chains—he deals in anything he can get anything by—our meeting had nothing to do with this case—it came out quite accidentally—I was not surprised to see it—I knew the prisoner had a box as we were going along, but I did not see it till it was on the table.
JOSEPH WILLIAMS . I live at No. 3, Wood-street, Cromer-street, Gray's Inn-road—I am a ticket-writer and dumb-bell manufacturer. In July and Aug., 1843, I lived at 75, Berwick-street, Soho—I followed the same calling then as I do now—I have known Morse about six yean—I do not know the Red Lion public house, Red Lion-street, Whitechapel—I know Red Lion-street and the public-house at the corner, but I do not think that was the house we went to, it was the last house on the left from Whitechapel, and the first on the right from Leman-street—I was there at the middle or latter end of July, 1843—I went by the invitation of Morse—it was an appointment to go to smoke a pipe and enjoy ourselves, a convivial party you may say—I met the prisoner there—I never knew him before—he had a green baize bag with him containing this box—the prisoner offered it to me to dispose of for him, not to purchase—I looked at it—10l. was wanted for it, including a gold chain—I thought it a large price, and said if I bring you 9l. 15s. for it, I think that will be sufficient, and it was arranged that should be the price—I was to try and find a purchaser—he did not tell me where he got it from, except that it came from some member of his family—I do not recollect who—I engaged to endeavour to get the money for it—it was intrusted to me—I
took it home—I could not return it next day—I believe I was engaged in business, but seeing it had been as I fancied forced, I did not think it had been come by rightly—I returned it to Morse, to deliver it to Glazier, without endeavouring to find a purchaser—I never saw any advertisement or publication that any such things had been lost from the railway—I never went into the neighbourhood of Paddington—I have never been to Morse's house—I never heard from the newspapers of such a thing being lost—I took it myself to Morse's house.
COURT. Q. I thought you had never been to his house? A. House—no—I had never been to his house, but he told me to bring it to a man named Howse, or Howard, a hair-dresser, somewhere in Paddington—Praed-street, I think it is called.
MR. CLARKSON. Q. Why not return it to the man you had it from? A. Because I did not know where he lived—I met Morse in the street, and returned it to him there and then, in the street—I returned him the chain and case together—I said to Morse, "I don't think this thing has been come by justly, I have my suspicion about it," and perhaps I can explain why I might have more suspicion than others, my parents were locksmiths and bellhangers, I have seen these things brought in to them, and I have assisted in the business; and when I saw it forced, it aroused my suspicions—I have a wife and two children, and I did not like to dispose of a thing which I had an idea had been come by wrongly—I delivered it back to Morse, with a caution that the box had been forced
Cross-examined. Q. Where do your parents carry on their business? A. In Seetbing-lane, Tower-street, City—at least my brother is there now—my mother is living at 25, Haydon-street, Haydon-square, Minories—I did not consider the things worth 9l. 15s., but that was not the reason I would not sell them—I told Morse they were not worth the money—and I said, "Another thing, I have a decided objection, seeing that I fancy it has been forced"—I have not mentioned that before—I was not asked that question—I do not go about with a donkey, selling vegetables—I had a donkey to bring my things from the foundry, and I intended a journey into the country with it, to sell tickets; but I did not go, and I sold the donkey—I never went to the Great Western Railway—I am quite sure I was not there on the 1st of July, 1843, nor was I in a public-house in the neighbourhood that evening—I was never there but once, when I went to see my wife off—I never knew where Morse lived—stop, allow me correct myself—I speak from the time he was in the service of the Great Western Railway Company—before that, when living with his brother-in-law, I knew where he lived—I had been with him at a convivial meeting before, at the Garrick Tavern, with his brother—I went to this public-house by his own appointment—I was going into the City on my rounds in business, to call on my customers—I told Morse so—I did not tell him that I wanted to see my mother—I met him in Fleet-street, accidentally—we talked together for some time—he said, "Where are you going?"—I said, "I am going my rounds"—he said, "You know where Jem lives—(that is his brother)—there is a house on the right hand side in the street, just past there; I am going there, if you like to meet me there, we will have a pipe of tobacco together"—I said, "I am going as far as Messrs. Deane's, London-bridge, and perhaps I may call on my brother, and I will look round"—I did not expect to see the box—I had never seen the prisoner before—I thought I might make something of the case among my private connexions—most likely I should have offered it to my landlord or landlady, at No. 75, Berwick-street—it was
my intention to offer it to them, or any one else—I did not offer it to them—I showed it to nobody but my wife—the chain came out of the prisoner's pocket—I cannot call to memory whether he said it came out of the box—I looked at the box at the time—I did not see that the lock had been broken then—I am quite sure it was broken when I had it—when I came to examine it next morning, I found that force had been used—I was in the public-house perhaps two or three hours—the bag might have been opened about half an hour after we got there—at the time I took it to sell, I did not think there was anything wrong in it—I had no suspicion at all—Morse never told me he had sold the chain—I have seen him but twice since—I heard that Morse was taken up—his brother-in-law called on me on the Thursday after his first or second examination—I suppose it must have been after Morse had charged the prisoner—he asked me to speak the truth of what I knew—he may have asked me to come as a witness—I do not know, but he asked me to come on the part of Morse, to speak the truth—that was all he said, that I know of—of course he meant me to speak as to the innocence of Morse—I did not hear that he had sold the chain, till the second examination.
JOSEPH COLLARD . I am superintendent of the police on the Great Western Railway. I took the prisoner into custody at Bath, on the 18th of Oct.—I came up in the train with him—I said I was sorry to see him in that predicament, I was in hopes that there was nothing against him—he immediately replied, "Oh, Mr. Collard, I have been drawn into it"—I said, "Drawn into it, what do you mean? the less you say about it the better; but whatever you do say I must repeat to the Magistrate"—he said nothing more.
COURT. Q. Before he said that, had you said anything regarding the part that was assigned to him in the transaction? A. Nothing whatever.
Cross-examined. Q. Did he know at that time about Morse having been given into custody? A. Yes, he knew Morse had made a charge against him—I pledge myself to the exact words he used, without the change of a word—I did not do so positively at first on my examination, but I am quite satisfied on reflection—I remembered the words immediately after—they were, "Oh, Mr. Collard, I have been drawn into it!"—some other words were attempted to be put into my mouth, and at first I confess I was doubtful whether or not they had been used, but immediately after I recollected—the words put to me were, "by a false accusation, "or" a false charge," but those words were not used, most decidedly—I took no note of what took place, but I drew the attention of my brother officer, who was in the train, to the words—I am satisfied he did not use those words, because I have seen my brother officer since, and he confirmed me—the prisoner has been in the service of the company since June 1842, up to the time of his apprehension—I have heard that he had previously been a soldier in the Life Guards—I have no doubt he left with a good character—I never heard anything against him, on the contrary, I have heard his superior officers speak well of him.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
THOMAS PALMER . I am an oil and colourman, and live at No. 2, Cross-street, Westmoreland-place, City-road. I know the prisoner—I never saw him but once, which was on the 13th of Sept., when I paid him 18s. 6d. on account of Mr. Millington—my young man had given him orders before for
goods from Mr. Millington—he gave me this receipt signed by himself—(read.)
Cross-examined by MR. BALLANTINE. Q. Do you recollect what time of day you paid him? A. On a Saturday morning—he was calling as usual on his rounds, as I suppose—this was the only transaction I ever had with him—the prisoner, I believe, had called and obtained my custom—I think I paid him in silver, but of that I will not be positive.
ROBERT DAVIS . I am a painter and glazier, and live at No. 33, Store-street, Bedford-square. I know the prisoner—I paid him 1l.4s., I think in July—I cannot exactly say what part—I took this receipt for it, signed by him—it has no date to it.
Cross-examined. Q. Are you able to say it was in July, or might it have been in August? A. I think it was in July—I cannot positively say—I had known the prisoner before by giving him orders—he had obtained my custom—I never knew him in any other business.
WILLIAM COLE . I am a paper-hanger, and live at No. 23, Frederick-place, Hampstead-road. I knew the prisoner as travelling for Mr. Millington—I have seen him about once in two months, sometimes oftener—I paid him 2l. 11s. either in July or August—he gave me this receipt for it—there is no date to it—the invoice was dated the 22nd of May—what I paid him for was one account—I cannot say whether any order was given to him at that time—I cannot recollect—I gave an order somewhere about that time, but whether it was at that time I cannot say—I cannot say whether there was any other transaction between May and July—I think another order was given afterwards, or at the time this was paid—the last order was executed.
THOS. ALEXANDER MILLINGTON . I am an oil and colour-merchant, and live in Bishopsgate-street. The prisoner has been in my employ about three or four years—it was his duty to travel and get orders for me, and collect accounts—it was his duty to come to the counting-house in the evening, and enter them in his order-book underneath his orders, and then obtain my initials to it—this is his order-book—it was his duty to pay the money to me if there, if not to my clerk, Arthur Cortissos—the prisoner did not pay me 2l. 14s. from Mr. Cole, nor 18s. 6d. from Mr. Palmer, nor 1l. 4s. from Mr. Davis—none of those amounts are entered in the order-book—on the 2nd of July here is an order entered from Mr. Cole—that entry is commenced in Jones's hand-writing—the rest is in the hand-writing of Cortissos, on account of his hand shaking.
Cross-examined. Q. I believe he is a person given to drunkenness? A. Very much so, and he had occasionally been so during the whole time he was in my employment—I was obliged to turn him away once or twice in consequence—I have not sent to request him to come back—he came and his wife also on one or two occasions to request I would take him back, which I did—I did not on one occasion send to request him to come back—I will not swear I did not—he did not in a great measure form my out-door connexion—I had never known Mr. Palmer, Mr. Davis and Mr. Cole—they were customers obtained by the prisoner—he made what rounds he liked—I allowed him 10 per cent, on some orders, and five per cent, on others—some of my customers live at Kew, and in all directions—the prisoner had no horse or gig—I have not known him come home very drunk sometimes after his rounds—I never complained of his coming home drunk—he never came to business at all when he was drunk—I have been to his house and seen him so drunk that he could not stand—I cannot say that has been on occasions when he has not come of an evening—I wanted to see him morning and evening too if I could—he ought to enter whatever sums he received when he came home of an evening—he has been late on some occasions when the books have been
locked up, and I have taken them out again to enter the particular—I do not say on all occasions—I do not remember where I was on the 13th of Sept., or whether he paid me any sums that night.
Q. Then how do you know he did not pay the 18s. 6d. received from Mr. Palmer? A. Because he did not enter it in the book, nor have I any account of it—if I had, I should have entered it in my cash book which is here—I have no account of any money received from him on the 13th of Sept., nor on Monday the 15th, nor on Tuesday—the first money received from him after the 13th was on the 26th of Sept., I think—he brought home 10l. 18s. 0d., from Mr. Chapel, of Pimlico, a customer of his—I am not aware whether he paid that money to me or not—it does not refer to these three sums—it is entered in my writing the day it was received—I have no recollection of it only from my books—I do not know from whose hands I received the money—I can tell by reference to other books which I have here—whenever I received money I always entered in the cash-book the amount I received—it was paid on account of Mr. Chapel—the entry is "cash 10l. 18s. 6d. and 10s. 10d. discount."
MR. ROBINSON. Q. Just see if this is the prisoner's hand writing in the order-book, the name of Chapel on the 26th of Sept.? A. Yes, and here is my initial to it—it tallies with the amount in my book.
MR. BALLANTINE. Q. Which is the first book in which you enter? A. That is the book in which I enter it, before I receive the money from the prisoner, while it is lying before me—I received that 10l.18s. 6d. from Jones—I have no doubt of it—I have some faint recollection of it—I must have received it from him, it has my initials to it—there are other sums received in cash on the 23rd, 24th, and 25th—they were very likely not from parties the prisoner did business with—I judge by the names that I did not receive any monies from him on these three accounts—that is the mode by which I conclude that I have not received these three accounts—I can say positively that I received no money on Jones's account on the 13th or 15th of Sept., from the book—I have not sent to the prisoner when he has been late at night for the monies he has receeived during the day—I had no one to send—I have sent for money many times—I have received monies from him wrapped in paper, with the names of parties on it—I have not to my knowledge received a quantity of money without the names of parties with it—I may have done so—I do not know that I have on several occasions—I will not swear I have not—I have entered it in pencil in my cash-book "Jones, so much money," till it was accounted for, and he generally called next morning and accounted for it—I should say it has not been left for a week—I will not swear it—I have never retained any of those sums without afterwards requiring of him an account of what they were composed.
MR. ROBINSON. Q. Have you ever received any money in that way without entering it in your cash-book? A. Never—I should have no difficulty by referring to my books, in seeing of whom the monies were received—I have not an entry in my book of cash received of Jones, leaving it uncertain of whom it was received—I never take money from any one until they enter it in their proper books; and by referring to those books I should see of whom I received it.
ARTHUR CORTISSOS . I am clerk to the prosecutor. The prisoner was in his employ—he has never paid over to me 18s. 6d. from Mr. Palmer, 1l. 4s. from Mr. Davis, or 2l. 14s. from Mr. Cole—this entry in the order-book, on the 2nd of July, is commenced in the prisoner's handwriting, and the rest is in mine—it purports to be an order from Mr. Cole—it was given me by the prisoner on that date.
Cross-examined. Q. You know the prisoner was frequently so drunk that he could not enter anything at all? A. He was frequently so unsteady that he could not enter.
MR. ROBINSON. Q. When he could not write his name, was he drunk, or was it a mere natural shaking of the hand? A. It was through drunkenness, but he was not drunk at that time.
THOS. ALEXANDER MILLINGTON . re-examined by MR. BALLANTINE. Q. When was the last time the prisoner left you? A. The last entry is Sept. 30th, 1845—that is only orders—the last amount entered as having been paid to me, is 2l. 6s. from Donald Jacks, on the 28th of Sept.—that has no reference to these amounts—he did not, before he left, claim from me any arrear as being due to him—he has claimed nothing—he said there was an account between us—he was not at all anxious to have it settled—he did not claim a balance of 10l. or 12l.—he has been so drunk that we have not had an opportunity of settling the amount he had to receive from me—he would come for one or two days, and then stop away—he did not offer to account till after I had been after him with a policeman—he had been absent some three weeks or a month—I had paid him what I considered was due to him as percentage, when he was there—I could not always go into an account of two or three months, at eight or nine on Saturday night, and he has said, "Oh let me go to business now; don't say anything about it"—he has not given me any opportunity of settling—there was nothing owing to him on any accounts he had paid me—I have balanced my books, and I mean to swear there was nothing owing to him, because he had had the whole of it already—he did not on several occasions before he left, request me to account with him—not on any occasion, to my knowledge—it has been mentioned between us—he never requested, in my wife's presence, that the account should be settled—two days before he left, which was on a Saturday night, I said, "You must produce your account, I cannot go into it now, but I will pay you for what you have done this week," which I did—that was not upon a claim made by him for something beyond it—I said I would settle the week's account, but I could not go into a back account—he did not claim a balance on the back account, nor say he would not remain any longer unless his accounts were balanced—nothing of the kind—he came on the Monday and Tuesday following.
COURT. Q. Would he, in producing his account, have gone into items that he had received on your account, and which he had been allowed to retain? A. No, when he came, sometimes I might be engaged, and it would not be convenient to go into the full particulars—I did not take his money without allowing the discount—his orders were entered each day, and the amount due to him was reckoned on Saturday night, except on some occasions, when we were too busy to do it—he was paid a percentage on the orders, before he received the money—that was always done, except when he has been so drunk and inattentive that I could not do it.
MR. BALLANTINE. Q. Would he have to account for the sums he received, as well as the orders he had got? A. Each night—I believe he had nothing to do with an order given by Messrs. Williams, of Fell-street, Wood-street, Cheapside—I had the whole management of that in my books—I did not charge them twice over—they owe me money still, 6l. or 7l.—I did not claim 21l. 18s. 9d., nor did they show me the receipt for that sum—we claimed for a balance of 4l. or 5l., and they had a receipt for the whole amount, which they ought not to have had—I can explain that.
MR. ROBINSON. Q. When was his percentage paid? A. Every Saturday night, except on the occasions I have mentioned—some articles were sold by weight—I have gone through the account with my clerk, and I believe
the prisoner is indebted 2s. or 3s. to me, exclusive of these amounts—including what I charge him with, he owes me from 30l. to 40l.
COURT. Q. Although he may have been very irregular, do you attribute the confusion of his accounts to habits of intoxication, or do you believe that he wilfully withheld it? A. He wilfully withheld it.
MRS. MILLINGTON. I am the prosecutor's wife. The prisoner has twice paid me money—I have no recollection of the date—it must be a long time ago, I should think six months—I can state positively that he did not pay me 18s. 6d. from Mr. Palmer on the 13th of Sept.—I cannot swear that he did not pay me 24s. from Mr. Davis in July, or 2l.14s. from Mr. Cole early in July, because he did pay me money, though I do not know the date—the money he gave me I gave to Mr. Millington directly he came home—I do not know whether he paid me two sums in July—it is somewhere about six months ago.
Cross-examined. Q. Did he not, in July or the beginning of Aug., leave between 11l. and 12l. with you at half-past ten o'clock at night? A. He positively did not—I was out of town on the 2nd of Aug.—he never left asmuch as 11l. with me; I do not think more than 7l., but I cannot speak positively to the sum—he has paid me twice, and there may have been 11l. in the twice, but, to the best of my belief, I should say not on one occasion—I should not like to swear it, because I may be mistaken, but, to the best of my belief, he never has—when he left the money with me the servants called me down, saying Mr. Jones wished to speak to me—I went down into the counting-house to him—he furnished me with no voucher with it—I took the money, and placed it on the dressing-table in the bed-room till Mr. Millington came home, and he took it down in the morning, saying he would take it down and book it—I did not know on whose account the money was paid—I did not about the same period receive from the servant girl 9l. or 10l. which the prisoner had left—I have received money from a servant that has left me—it may be six months ago, or more—I have very likely done so on more than one occasion—I never received to the amount of 9l. or 10l. from the servant—I have no recollection of only trifling sums, such as 3l. or 4l.—I handed them over to my husband.
COURT. Q. Have you ever made use of any of the money on his account? A. No; I handed it over to my husband as I got it—I counted it, wrapped it again in paper, and gave it over to my husband—I received no account from the prisoner what the money applied to.
MR. ROBINSON. Q. Have you ever received any money paid in that way from any servant you have now? A. No—the servant I did receive money from left on the 2nd of Aug.—I can swear the two occasions I have spoken of were before the 13th of Sept.—the servant who called me down to receive the money went out of town on the 2nd of Aug. with my children, and never came to town again for five weeks—I have never seen the prisoner, or received money from him, since the 2nd of Aug. last—he told me at one time that he should have brought more money, but a man wished to pay him in coppers, and he did not wish to bring them—he did not say from whom he received the money.
MR. MILLINGTON. re-examined. If the prisoner will state a date I can refer to my books, and see how that money was accounted for, but no date was specified by him—I always took the money my wife gave me, and put it into my desk till the prisoner accounted for it—it has often been the case that I have received money from my wife when I came up to bed, and from the clerk also—I took the prisoner again, after discharging him, from the pleading of his wife and family, and being a good servant—I have no
amount entered to him that is not accounted for to some party—if I had an account doubtful I should know immediately—I am sure I have not received either of these accounts—I have no lumping payments unaccounted for—when I have received money from him over night, for which he accounted next day, he had his book to refer to, which I gave him on purpose—I have it here—there are hardly any entries in it after a certain date—that book ought to prove the monies he received, but he then spoke from memory—the book did not assist him—he used to keep bits and dabs of paper instead of using the book, as he ought to have done.
NOT GUILTY .
OLD COURT.—Tuesday, November 25th, 1845.
Second Jury, before Mr. Recorder.
7. PAUL COOPER was indicted for burglariously breaking and entering the dwelling-house of James Poulton, at St. Clement Danes, about the hour of five in the night of the 6th of Nov., with intent to steal, and stealing therein, 1 scarf, value 10s.; 1 brooch, 10s.; and 1 pair of scissors, 6d.; the goods of Mary Ann Poulton; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
8. ANN BURNS was indicted for stealing, on the 22nd of Sept., 1 table-cloth, value 4s.: also, on the 31st of Oct., 3 1/2lbs. weight of pork, value 10s.; 1 loaf of bread, 4d.; 21bs. weight of bread, 2d.; 2lbs. weight of beef, 1s.; 1lb. weight of mutton, 6d.; loz. weight of tea, 3d.; and 1 pound-cake, 9d.; the goods of Felix Pryor, her master: and JOHN EVANS , for feloniously receiving the same, well knowing them to have been stolen; to both of which
BURNS pleaded GUILTY . Aged 29.— Transported for Seven Years.
EVANS pleaded GUILTY . Aged 22.
JOHN PENNY . I am a porter and live at No. 13, William-street, Lissongrove, Marylebone. On the 15th of Oct., in the evening, I was in a beer-shop, in Exeter-street, Sloane-street—the prisoner was sitting next me there—I missed my handkerchief—there were about eight or ten persons in the room besides—I mentioned my loss, and every person began to turn their pockets inside out, except the prisoner—I have since seen my handkerchief in the hands of a pawnbroker—this now produced is it.
JOHN KILLINGWORTH . I am a pawnbroker, and live at Mr. Perkins's, King's-road, Chelsea, about a quarter of a mile from Exeter-street, or nearly half a mile. On the afternoon of the 16th of Oct. this handkerchief was pledged at our shop—I am not sure the prisoner is the person who pledged it—I have seen him before—it was pledged in the name of John Evans—I produce our duplicate.
took the prisoner into custody—I searched him, and found fifteen duplicates, one relating to a handkerchief pawned for 1s. at Mr. Perkins's, in King's-road, Chelsea, on the 16th of Oct.
J. KILLINGWORTH re-examined. These tickets were both written by myself—the one produced by the officer is the one I delivered to the person pawning the handkerchief.
Prisoner's Defence. I bought the handkerchief.
GUILTY . Aged 22.— Transported for Ten Years.
(Sarah Doyle, of New-road, Chelsea, deposed to the prisoner's good character; but Langston stated that she had been active in pawning the stolen property in the former indictment.)
MR. MELLOR conducted the Prosecution.
THOMAS PUSEY . I am in partnership with William Pelatt, Manchester warehousemen, Bread-street, Cheapside—the prisoner was in our service. On the 28th of Oct. I caused him to be taken into custody, and asked him if he had any property of ours—he said he had taken nothing beyond the first indictment, to which he has pleaded guilty—I had him searched and this letter was found on him—(this was a letter signed H. Spurting, requesting the prisoner to forward him 2 1/2 yards of black broad cloth)—I asked the prisoner if he had sup-plied the broad cloth mentioned in the letter—he said he had—I asked if he had entered it to himself, or whether it was paid for at the time—he replied that it was entered to himself—I have examined the books, there is no such entry—I never gave him authority to sell the cloth—it was not greatly out of his province, but it was out of his department—the cloth was under the care of another person.
COURT. Q. If it had been a bona fide sale you would not have complained? A. No, but he should have gone to the regular person.
MR. MELLOR. Q. What was the value of the cloth? A. It was charged 31s. to Spurling, which was the proper price—it should have been entered in the journal of the day—that is not here.
HENRY SPURLING . I am assistant to a linen-draper in the Old Kent-road—I have known the prisoner a long time—I sent him an order for some black cloth—this letter is my writing—he sent me the cloth in Aug.—I considered I was dealing with the firm—I paid him for the cloth about three weeks after delivery, one day when I was walking with him in the street—I thought I was getting it at the wholesale price.
The prosecutors' books not being produced, the prisoner was
CHARLES RANDAL (police-constable N 172.) On the morning of Monday the 10th Nov., Lord Mayor's day, I was standing at the corner of King-street, Cheapside, and saw the prisoner with another coming towards me—I knew the other to be a pickpocket—they closed in front of me, and I saw the prisoner
draw this handkerchief out of the prosecutor's pocket—he turned to put it into his own pocket—I collared him and he dropped it at his feet—a gentle—man took it up and gave it to me.
Prisoner. I never touched it. Witness. I saw him take it—he tried to put it into his right—hand pocket, but dropped it when I collared him.
JAMES PICCIOTO . I am an Italian, and am fifteen years old—I live at No. 3, Dean-street, Finsbury—square. This is my handkerchief—I had it in my pocket shortly before the officer called my attention to it, at the corner of King-street, in the crowd on Lord Mayor's day.
Prisoner. The policeman asked a gentleman if it was his, he said no, then this witness said it was his. Witness. I know it to be mine, it is hemmed in white.
GUILTY . Aged 18.— Confined Six Months.
The prosecutor did not appear.
NOT GUILTY .
WILLIAM WILSON . I am a labourer, and live in Marmaduke—place, Cannon-street, St. George's. On the morning of the 21st of Nov. I was at Billingsgate, employed looking after the fishmongers carts—I saw the prisoner standing opposite the Custom—house—I saw him go towards a pair of horses belonging to the prosecutor's master, take a coat from one of their backs, and throw it on his arm—I stood back in a coffee—shop, and let him pass me—I turned the corner immediately after, and said, "I have got you, my man; I was watching your manoeuvres"—he chucked the coat down, and said, "I have just picked it up in the road"—I said, "I saw you pick it off the horse's back'"—I detained him till I got further assistance.
Crossexamined by MR. PRENDERGAST. Q. How do you get your living? A. By looking after the fishmongers' carts that come, and my wife also does work.
THOMAS EDE . I was at Billingsgate on the 21st of Nov.—I had occasion to pack up a basket of oysters—I pulled off my coat and threw it on one of the horse's backs—I and my master were busy behind the van, when the last witness called out, and came up with my coat on his arm—this is it.
(The prisoner received a good character.)
GUILTY . Aged 16.—Recommended to mercy.— Confined Six Months.
15. JOSEPH MARSS and GEORGE MESSENGER were 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. of bacon, 8d.; 1 hat, 10s.; 1 coat, 15s.; 1 waistscoat, 2s.; 1 shawl, 5s.; 2 gowns, 8s.; 1 frock, 5s.; 2 caps, 6d.; 1 petticoat, 1s. 6d.; and 6 spoons, 6d.; his goods.
JAMES SIBBLEY . I live in nether-street, in the parish of Finchley—I have a house there. I left it on the 21st of Oct., in the afternoon—I left nobody in it—I locked the door, and put the key in at the bed-room window, under the casement, wahich I shut down close—I passed the house at a quarter past two and again at half past three o'clock—I then noticed the window-sash was
about an inch up, and the curtain pushed outside—I went into the house and found the door of a cupboard in the sitting-room, open—I missed a quartern loaf and a pound of raw bacon—I also missed from a chest in the bed-room, a black beaver hat, a coat, waistcoat, two dresses, a petticoat, shawl, a child's dress, and two caps—I gave information of my loss—when the sash was put up it would enable anybody to get in at the window—I have only seen my hat since.
EDWARD BOOME . I live at Wenstone, which is about two miles from Finchley. About three o'clock in the afternoon of the 21st of Oct., I was going in the direction of Sibbley's bouse, and saw the prisoner Messenger lying on the green, about twelve yards from Sibbley's house, with a dog by his side—he had no bundle—I saw Marss run from the back of the house down to the bottom of the field, take up a bundle, and give it through the hedge to Edward Hodges, who took it over the field—I then saw Messenger going towards the turnpike in an opposite direction—Hodges and Marss were in the opposite field—I did not see Messenger join them—I did not see him do anything.
DINAH DAWSON . I live 300 yards from Sibbley's house. On the afternoon of the 21st of Oct., I saw Marss, Messenger, and Hodges, going towards Sibbley's house—I saw them return about four o'clock—Hodges then had a large bundle—he threw it over the hedge to Marss—they had no bundle when they went by first—three persons returned—Messenger was not the third.
MARY ANN BRAZIER . I live about 300 yards from Sibbley's house. On the 21st of Oct., between two and three o'clock, I saw Marss, Messenger, and Hodges pass my cottage, all three together, going in a direction to Sibbley's house—I spoke to them all three—about an hoar afterwards I saw the same three running across the field opposite where I live—I was called out, and was just in time to see them jump over the hedge—I am sure Messenger was one of them—I took that notice of them when they passed, and gave a description of them to the police-sergeant, who took them—I am positive they are the men.
RICHARD NEELD (police-sergeant S 3.) In consequence of information, I apprehended the prisoners—I took Marss in North-street, Lisaon-grove—I told him I wanted him for the job at Finchley—he said, "You might have taken me when you took Hodges"—I searched him, and found 2s. 3d. on him—I re-searched him—he said, "It is no use searching me, you will find nothing; it is too late."
Marss. I told him he might have taken me when he took Hodges; I was apprehended before, taken to Marylebone office, and discharged; I was standing alongside of Hodges, and was not taken. Witness. Hodges was tried and convicted last Sessions on this charge; the two prisoners were then at large; I apprehended Marss on the 5th, and Messenger after he was discharged from the House of Correction, where he had been confined ten days, in the name of Clark; the hat was found on Hodges, whom I apprehended on the 23rd of Oct.; Marss was then in his company, but I was not aware of his being one at the time; the hat was handed over to Sibbley at the last trial.
Marss' Defence. I saw Hodges the same night the robbery was committed, with the hat on his head and a bundle; I did not know whose it was; next day I saw the constables apprehend Hodges, but they did not take me then; I was taken afterwards and discharged, because I did not answer the description given of me, which was five feet eight inches; Dinah Dawson says she saw me running across the field, two fields away from the house, and that we had
a bundle, and Mrs. Brazier, who was near, saw no bundle; we were not there at the time Hodges committed the robbery; the hat was found upon him, nothing was found upon us.
Messenger's Defence. The night the robbery was committed I was standing in North-street; I saw Hodges with a hat and bundle under his arm, and the policeman came and took him; I was standing close to him; I know nothing of the robbery; I was at Paddington when the house was broken open.
RICHARD NEELD re-examined. We have not traced the property—I did not take the prisoners on the 23rd because I was not aware they were the men—I had received information from Dawson and Brazier on the 22nd.
NOT GUILTY .
WILLIAM SMITH (police-constable E 11.) I produce an examined copy of a register of marriage at Whitchurch, Berks—I examined it with the register in possession of the clergyman at his house—it was produced by him—it is correct—(read, certifying that Thomas Kibble was married to Hannah Dudley on the 4th of Jan., 1836)—I also produce an extract from the marriage register of St. Leonard's Shoreditch, which I examined with the original at the parish church—it was produced by the clergyman—(read, certifying a marriage of Thomas Thorn and Caroline Jones Haswell on the 15th of Aug., 1841)—I took the prisoner into custody on the 24th of Oct., in Bartlett's-buildings.
JOSEPH RICKARDS . I am parish-clerk of Whitchurch, Berks. I know the prisoner, and was present when he was married to Hannah Dudley, on the 4th of Jan., 1836—I do not know whether they lived together afterwards—I knew the prisoner before he was married, and the woman by sight—I have seen her this morning.
Cross-examined by MR. PAYNE. Q. Do you know whether they lived happily together? A. I cannot say—they did not live at Whitchurch after their marriage—I know nothing of her going to Australia with somebody else, nor of anything between her and Henry Derman.
CAROLINE HASWELL PAYNE . I was married to the prisoner at St. Leonard, Shoreditch, in Aug., 1841—he was married in the name of Thomas Thome—I did not know him by any other name—I was under age—we were married by banns—I did not know he had a wife before—we lived together up to the time he was taken, which was a month ago—he has always been a good husband to me, and a good father to his child—his wife came and introduced herself to me as his cousin on the night he was taken—she left me and took him from his work.
Cross-examined. Q. He always behaved kind to you? A. Always.
GUILTY . Aged 32.— Confined Six Months, without hard labour.
MICHAEL HAYDEN (City police-constable, No. 274.) On the 10th of Nov. I saw the prisoner on Ludgate-hill, feeling the pockets of several gentlemen—I watched him for about a minute, but, being one of the escort of the Lord Mayor's carriage, I was compelled to go on—I called the attention of a metropolitan constable to it, but I peeped over his shoulder, and saw the prisoner draw a handkerchief from the prosecutor's pocket—I laid hold of him and threw him down—he then threw the handkerchief from his pocket, and begged the prosecutor to forego the charge—I secured him.
Prisoner, I did not take it out of the gentleman's pocket, I had my master's work in my hand at the time. Witness. I saw him take it out—he did not deny it at the time, hut begged the gentleman's pardon—he had his master's tools—his master lives in New-street, Cloth-fair.
JOSEPH BREWSTER . I live at No. 48, New Bond-street. This is my handkerchief—the officer called my attention to it, and the prisoner begged to be let off—I asked the policeman to let him go, and give me my handkerchief, but he thought it fit I should come to the station, and when the prisoner got there he denied it—he had some pointed tools in his hand, which he said was for his work.
The prisoner received a good character.
GUILTY .* Aged 17.—Recommended to mercy.— Confined Three Months ,
WILLIAM THOMAS BULL . I am clerk to Mr. Brook, of Furnival's-inn. About a quarter past ten, on the morning of the 30th of Oct., I was standing in Long-lane, Smithfield, looking at a horse which would not pull a cart along—I felt something at my pocket, and missed my handkerchief—I turned round and saw the prisoner—I looked at him very hard—he looked at me again, and I gave him in charge—I have since seen my handkerchief.
Prisoner. The gentleman turned round; I was going to give him the handkerchief; he took hold of me.
WILLIAM SITCHELL (City police-constable, No. 290.) I took the prisoner from the prosecutor—on the way to the station-house I noticed he put hit hand into his trowsers pocket—I said, "Your hand seems very uncomfortable there; I fancy you have got that gentleman's handkerchief; if you have got it hand it over, as I shall search you at the station"—he then took it out of his pocket and gave it to me.
GUILTY .† Aged 14.— Confined Six Months ,
FRANCIES NORMAN . I live in Union-court, Holborn, and am employed to mind the carts in the Old Bailey, while the owners are at Newgate-market About eight o'clock, on the 14th of Nov., I was in the Old Bailey, and saw the prisoner with a dead pig on his back—I asked him what cart he wanted; he said, "Mr. Morgan's cart"—I said there was no such name there—I saw the tail-board of Mr. Brown's cart down, and put it up—I saw the prisoner go up, Newgate-street, and watched him down Warwick-lane, into St. Paul's Church-yard—Ispoke to a policeman there—I went up at the same time and said, "Was you not asking for Morgan's cart?"—he said, "Yes"—I told the police-man not to let him go—he then said, "I am going to Old Change with it"—I found Mr. Brown, who claimed the pig.
HENERY LIRBY (City police-constable, No. 364.) I was on duty in St. Paul's Churchyard—I asked the prisoner where he was going with the pig—he said to the bottom of Old 'Change, to Morgan's cart—I went to Old 'Change with him—there was no cart there—Brown claimed the pig.
ALEXANDAR BROWN . I am a butcher, and live in Boston-street, Dorset-square, Regent's-park. On the 14th of Nov. I bought a pig at Newgate-market, about half-past seven o'clock in the morning at Stokes—I gave 1l. 5s. 6d. for it, and gave it to Allison, my porter, to take to my cart at the corner of the Old Bailey—the policeman afterwards brought it to me—I knew it by a black mark on the back, which I noticed when I bought it—I had missed it from the cart—I had examined it very minutely.
PETER ALLISION . I placed the carcass of a pig in Brown's cart, at the corner of the Old Bailey, and in going to the cart with two more I missed it—I saw the prisoner in custody with it on his shoulder—it appeared to be the same.
Prisoner's Defence. I met a person I knew very well, and told him I was out of work; I met him again on Friday morning; he said in a few minutes he should have something for me to do; he brought this pig, and said, "Take this," and said, "Come along here to the Old Bailey;" I went and asked for Morgan's cart, and was told it was not there, it must be at the market; I went to the market, and right on towards Old 'Change, and met the policeman; I said I was going to Morgan's at the bottom of Old 'Change, I understood he lived there; the man who gave it me had got my coat, hat, and handkerchief.
GUILTY . Aged 23.— Confined One Year.
OLD COURT.—Wednesday, November 26th.
Third Jury, before Edward Bullock, Esq,
THOMAS WILLISION . I live in the parish of Hendon. On the 26th of Oct. I employed the prisoner to take a cow to Mr. Gurney's—he was to deliver it to him to sell, and to bring the money back to me—he did not return—I saw nothing more of him till he was taken into custody—he has not paid me any part of the money—he had worked for me at different times, but had never driven anything for me before.
DANIEL GURNEY . I live at Northall, Middlesex, and am a salesman at Smithfield. On the morning of the 27th of Oct. the prisoner came to me in the market with a cow for me to sell—he told me he brought it from Mr. Wilshire, who I have known for years, and who I have sold a good many beasts for—he told me he was to take the money home with him—I sold the cow for 3l. 5s., and gave the prisoner an order on Mr. Tisdal for the money, a bill of sale—I was in Mr. Tisdal's banking-house at the time, and told him to present the bill—I did not see him receive the money.
THOMAS GEORGE TISDAL . The prisoner came on the 27th of Oct. and produced a paper, which I have not got—he should have taken it to his master—in consequence of his producing the paper I paid him 3l. 1s. 6d.
Prisoner's Defence. I was going across Smithfield-market; I kicked against a stone; I am a cripple; I had my hands in my pocket, and lost my money in that way; I promised my master to work it out, and pay him 5s. a week.
MR. WILLISON re-examined. When he was going to the station he said, if I would forgive him he would work it out—I always found him honest before.
GUILTY Aged 55.— Confined Three Months.
Before Lord Chief-Justice Denman.
21. FRANCIS COPE was indicted for stealing, on the 17th of Nov., whilst employed under the Post-office, a certain post-letter, containing 1 sovereign, the monies of Her Majesty's Postmaster-General; also one other letter, containing 1 sovereign, 1 shilling, and 1 sixpence; the monies of the Postmaster-General; to both of which he pleaded
GUILTY . Aged 18.
(Hannah Rixton, grocer, No. 3, New Chapel—place, Kentish—town, with whom he had lived servant three years; Fanny Carr, stationer, No. 116, Edgware—road, with whom he had lived two years; William Moss, bootmaker, Portland—town; William Robinson, bricklayer, No. 8, St. John's-wood—terrace; and William Wells, labourer, Portland—town, deposed to the prisoner's good character.)
Transported for Ten Years
GUILTY . Aged 39.— Death Recorded ,
23. JOHN GORD was indicted for stealing, on the 17th of Nov., (he being employed under the Post-office,) a post-letter, containing a half-sovereign, and a certain deed and security, the property of Her Majesty's Postmaster-General.—Other Counts, varying the manner of stating the charge.
MESSERS. CLARKSON and BODKIN conducted the Prosecution.
JOHN GEORGE BONE . My father is a stock—broker, and carries on business at No. 5, Bank Chambers. On the 17th of Nov. last I made up a letter, addressed to the Wilts, Somerset, and Weymouth Railway Company in the Strand—this is it—it was ready to go to the post about a quarter past four o'clock that day—I think I did not take it myself to the post—I do not know who did—it contained a deed to transfer ten railway shares, and half-a-sovereign—they are in it now, but the half-sovereign is not wrapped in the same paper.
GEORGE WILLIS . I am clerk to the Wilts, Somerset, and Weymouth Railway Company, No. 409, West Strand. This letter (looking at one) is addressed to our office—it was produced before the Magistrate—it was then sealed—I opened it in the Magistrate's presence—it contained this transfer and half-a-sovereign—it had not come by post to our office—it had this seal upon it, unbroken.
MR. BONE re-examined. This is my seal, I believe—I am not sure whether I sealed it up—I have a seal like this.
WILLIAM ABBOTT . I am a letter—carrier, employed by the Post—office, at the Charing—cross branch. It is part of my duty to sort letters previous to their being delivered—the prisoner was also a letter—carrier at the same branch office—his stand for sorting was next to me, on my right—hand—he delivered letters on the Golden-square district—on Monday evening, the 17th of Nov., about half—past seven, I was on duty at the office, sorting letters—the prisoner was in his place, on my right—hand, also engaged in sorting—when the letters are sorted from the sorting—table, there are boxes in which to place them for the different walks—a letter for West Strand would not be in any portion of the Golden—square district—before the letters were all sorted that evening, I saw the prisoner take the letters out of the Golden—square box, right up to the top with his left—hand—he left the sorting—desk—his back was then towards me, and I saw him put a letter with his right—hand into his right—hand trowser's pocket—I mentioned the circumstance to Mr. Smither, the inspector—the prisoner went to his own desk, and waited there for a moment—he then returned to the sorting—table, but did not stop at it a minute—he walked round, and went back to his own desk again—I there saw him making away for the inner office, which leads to the water-closet—I told Mr. Smither he was going to the water-closet—we immediately followed him—the water—closet is divided off without any cover, and by rising on two or three steps, you can see down into it—it is open to the ceiling—there is a passage leading from the inner office, and on the left—hand side a door opens into the water-closet—I did not observe Mr. Smither try the door of the water-closet—when I came
up, Mr. Smither was on the top, looking into it—I did not get up—immediately after, the door opened, and the prisoner came out—he had not been long enough there to do what persons go there for—I am sure the prisoner did not stoop and pick up any paper from below while he was at the sorting-table—I never took my eyes off him from the time he took the letter—he did not stoop down or pick up any paper to put in either pocket—I could see that what he put into his pocket was a letter.
Cross-examined by MR. BALLANTINE. Q. How many sorters were there there besides yourself? A. I think eleven or twelve besides myself—it is not a very large room—we stand very close together—it would be his duty to sort the Golden-square box—this letter ought to have been put into the Strand box—I did not see him take it up—I saw him put a letter into his pocket—the Strand box was on the left-hand of the prisoner—the only persons at that sorting-box were myself and the prisoner—the Golden-square box is at the top, and the Strand box at the bottom—there is a division between them—they are not half a yard apart—I followed him to the watercloset behind Mr. Smither—not a minute elapsed before the inspector looked over—it was not a minute before he came out—I followed him instantly—I had called the inspector's attention to it before, as soon as I saw him put the letter into his pocket.
MR. CLARKSON. Q. At the sorting-table, the letters to go by the next delivery would be all promiscuously mixed together? A. Yes—if in the course of his sorting he took into his hand a letter for the Strand district, it would be his duty to put it into the Strand box—he would sort indiscriminately, and as letters turned out for different districts, it would be his duty to put them into the different boxes applying to the different deliveries.
JAMES SMITHER . I am an inspector at the Charing-cross branch-office of the Post-office, I was there on the evening of the 17th of Nov. About half-past seven Abbott made a communication to me respecting the prisoner, while the sorting was going on, in consequence of which I directed my attention to the prisoner—I watched him to his place for a moment, and from that to the adjoining room leading to the water-closet, to which I immediately followed him—when I got to the door I found it fastened from the inside—the top of the water-closet is open—I ascended some steps that we have there to turn the gas cut—the steps were not fixtures—it took me less than half a minute to get up—when I looked down I saw the prisoner sitting on the seat of the water-closet—I did not see what state his clothes were in—there was not sufficient light for me to see—I distinctly saw him with a letter in his hand—I could not tell whether it was open or shut—the letter was on his lap and his two hands were on the letter—t was a folded letter—I could not see whether it was sealed or not—it was in the form of a folded letter—I either said "Gord, what are you doing?" or "what are you about with that letter?"—I spoke to him from above—he said, "Nothing, sir"—I desired him to open the door—he did so immediately—I did not then notice the state of his clothes—I should have noticed if they had been unbuttoned—he had a letter in his hand—he appeared to be in the act of coming out—I held out my hand and he put the letter into it—this is the letter—it was in a crumpled state—it was sealed—near the seal I noticed the fracture of the paper, which is here now—it might have been merely accidental—I sent for an officer and gave him in charge, and in the presence of the officer I asked where he got the letter from; he said he did not know—I asked what he was going to do with it—he said, Nothing"—the envelope of the letter has the stamp of the Post-office on it, eight o'clock at night, on the 17th—I cannot see where it was posted—there is no receiving-house stamp upon it—the "eight o'clock" denotes the time such a letter wuuld be sent out for delivery that evening—such a letter would
be in our office about half—past seven—it is not addressed to any place within his walk—he would have nothing to do with such a letter—in the course of sorting he might probably have it, but not for the purpose of delivery—all those who are sorting may take up any letter—they are tied in large bundles and sent to our office indiscriminately—they must take hold of them in order to sort them into several walks, and as they sort them they put them into the different sorting—boxes, which are large pigeon—holes—there are two divisions—the prisoner would have no right to take any letters out of the Strand walk—if this letter came into his possession in the sorting, it would have been his duty to put it immediately into the Strand box—after he had been taken into custody, in consequence of some message given to me I went to the prisoner—I found him in custody of the officer, in a small adjoining office—I said, "I believe you called me?"—he said, "Yes, I had no bad intention with that letter, it was a mis—sordletter; I am a sorter, and it came to our walk"—I then told him though he might say what be pleased, it might be used against him—as he made no reply to that, I said, "I understand you to say that, you had no bad intention, &c." repeating his own words—he said, "Yes," and I then left.
Cross-examined. Q. How long has be been in the service of the Post-office? A. About nine years—I cannot say exactly—on one occasion, a considerable time back, be brought me half-a-sovereign, which he supposed had come through a letter that had got damp—he was in the water—closet altogether less than a minute, I judge—when I called to him he was on the seat—I did not see him put his hands behind him, when he got up—it was not dark—we have one upright gas—light, which lights the inside of the water—closet, and the outside too—I feel sure that his trowsers were not down—if they had been down I should have noticed.
WILLIAM MITCHELL (police-constable A 128.) On the evening of the 17th of Nov., about half—past seven o'clock, I was on duty in Trafalgar-square—I was sent for to the branch-office, and took the prisoner into custody—I received this letter from Mr. Smither—the seal was not broken—I have heard Mr. Smither state what passed, on my arrival—it has been truly stated—I took the prisoner to the station, and found on him a small account—book in one pocket, and in another pocket a lead—pencil—he had no piece of paper in either pocket—nothing at all except the pencil and book—he evinced no desire to go to the water—closet after he was delivered into my custody, and never went.
Cross-examined. Q. Where did you search his pockets? A. At the police-station, Bow-street—the inspector was on duty.
COURT. Q. Had he said anything to you before Mr. Smither came? A. No.
JOHN ADOLPHUS GEORGE BOUSTRED . I am one of the clerks at Bow-street I acted as clerk to the Justices on the prisoner's examination on this charge—after the evidence against him had been taken, he was asked whether he bad anything to say—he made a statement, which I took down—I read it over to him, and asked if it was correct—he said, "Yes," and the Magistrate signed it.
(Read)—"The prisoner says," While I had my letters in my hand, and was going from the sorting—table, I saw, as I thought, a letter under the sorting-desk; I stooped to pick it up, and found it was a piece of clean writing paper, and I put it into my left—hand pocket; that is what Abbott saw me put into my pocket; I put my letters down on my desk, and then discovered
I had this letter among them; I was about to take it to the Strand walk, when I had occasion to go to the water-closet, seeing an opportunity; I had not been there long before Mr. Smither came to the door; Abbott had communicated something to Mr. Smither, and that was what made Mr. Smither come tome; Mr. Smither said, 'What are you doing with that letter?' I immediately opened the door, and gave him the letter.'"
MR. BOUSTRED re-examined. The prisoner produced a piece of paper on that occasion—I do not know whether it was delivered to Peak.
MATTHEW PEAK . I am a constable, stationed at the Post-office, in St. Martin's-le-grand. I produces piece of paper which I got from the Westminster House of Correction, from the gaoler, whose name is attached to it—I did not see from whom he got it—it was left in reserve for the prisoner's coming out—all papers are left in reserve—I have no doubt this is the same piece of paper—it is similar to it.
WILLIAM ABBOTT re-examined, I am quite certain it could not have been this piece of paper which I observed in the prisoner's hand—it was quite a different piece of paper—the paper he took up be put into his right-hand pocket—I am quite certain of that.
NOT GUILTY .
24. JOHN GORD was again indicted for stealing, on the 3rd of Nov., (he being employed under the Post-office) a post-letter, containing 1 sixpence, and 1 fourpenny-piece, the monies of Her Majesty's Postmaster-General.—Other COUNTS, varying the manner of stating the charge.
MESSRS CLARKSON and BODKIN conducted the Prosecution.
MARY ELIZABETH BUCKLE I usually reside at Brighton. On the 3rd of Nov. I was in London, staying at No. 47, Lincoln's-inn-Fields—I wrote a letter some time in that day, and addressed it to "Mr. Wilks, No. 186, Regent-street, London"—it contained a sixpence, a fourpenny-piece, a medallion envelope, and two pieces of silk, one green, and the other red—I enclosed them all in a medallion envelope—the silk was wound round a piece of thin white paper—I left the letter to be posted—I have since seen parts of the letter, and both pieces of silk—(looking at some produced by Abbott)—these pieces of silk are the same colours as those I put in the letter—here is my writing on these pieces of paper—I trace the words, "Buckle—Mr. Wilks—immediately—of fine—purse"—part of the word, "exact"—"colour of the enclosed—she has addressed"—part of the envelope is also here, on a portion of which is my seal—all the words I have read are my handwriting—I never received an answer to that letter.
Cross-examined by MR. BALLANTINE. Q. Did you post it yourself? A. I did not—my brother-in-law gave it to the servant, who is here—I learnt that my letter had not arrived before this inquiry—I made no inquiry at the Post-office about it.
WILLIAM WALES . I am in the service of the Rev. J. Fernley. On the 3rd of Nov. he was living at No. 47, Lincoln's-inn-Fields—on the 3rd of Nov. a letter was given to me to put into the post, addressed to Mr. Wilks, No. 186, Regent-street—I am not quite positive as to the time I put it in—it was about three o'clock in the afternoon—I dropped it into the letter-box in Portugal-street.
----HOBDAY. I keep the receiving-house in Portugal-street. A lettered there before three o'clock in the afternoon of the 3rd of Nov., addressed to Regent-street, would be forwarded about three, and delivered about five—I made up the dispatch that day, and forwarded it in the usual course.
Cross-examined. Q. You mean you made up the dispatch in Portugal-street? A. Yes, and handed it over to the postman to take to the branchoffice, where it would be sorted, and ought to be delivered by five o'clock—no inquiries have been made at my office in consequence of a letter not having been delivered.
MR. BADKIN. Q. Does the dispatch go direct to the district-office, or to the office in St. Martin's-le-grand? A. I imagine to St. Martin's-le-grand.
WILLIYAM LEMONE . I am in the service of the Post-office. On the 3rd of Nov. I received the three o'clock dispatch from the office in Portugal-street. I collect from four different houses; I put them into a bag, and deliver them, at the corner of Castle-street, to the mail-driver, whose duty it is to take them to the chief-office in St. Martin's-le-grand.
JAMES CONNER . I am a clerk in the London District Post-office. I received the three o'clock collection of letters from Portugal-street on the 3rd of Nov.—I told up the bundles of paid letters—they were correct with the tickets—the stamped and unpaid letters would be taken to a different table, and the town and country letters divided into different parts, then stamped, and taken to be sorted—a letter addressed to 186, Regent-street, in that collection, would be dispatched to the Charing-cross office soon after four, for the delivery at five.
ROBERT BRIDGES . I am a sub-sorter in the London District Post-office. I was on duty on the 3rd of Nov. in the afternoon—I remember the arrival of the three o'clock collection—after they had arrived they were sorted to the Charing-cross district—I looked them over, to see that there were none nrissorted—there were some missorted—I set them, rightr—they were tied up in my presence by Turner—I saw him put them into the Charing-cross bag, and dispatch them by the mail-rider—a letter addressed to 186, Regent-street, would be forwarded to Charing-cross—there are twodispatches made up, one at a quarter to four, and the second at four—that would comprehend all the letters that came by the three o'clock collection.
----TURNER. I was on duty at the chief office on the afternoon of the 3rd of Nov. I tied up the three o'clock collection of letters, and put them into the Charing-cross mail-bag—there were two dispatches, the first at a quarter to four, and the second at four—Lloyd was one of the mail-drivers on that occasion, and Fennell the second.
JAMES SMITHER . I am inspector of the branch-office at Charing-cross. The prisoner was a letter-carrier there—he was on duty there on the afternoon of the 3rd of Nov.—I remember the arrival of the quarter to four and four o'clock dispatches—he was on duty at the time those letters were sorted—he then went out with the four o'clock delivery—he returned at six, and assisted in sorting the letters that were delivered at eight.
Cross-examined. Q. This was on a Monday, was it not? A. Yes—it was the prisoner's duty to be there—here is the attendance-book—it is signed by the prisoner himself—it shows the hour he was there—under the head "Collect. 3, deliver. 4" is his name—he would not collect the letters to be delivered at five, nor would Abbott—he would be at the table at the same time as the prisoner.
MR. BODKIN. Q. Letters dispatched from the office at St. Martio's-le-grand at a quarter to four, and four, reach you very soon afterwards? A. Yes; twelve minutes is allowed—the letters are sent out as soon as they are sorted—the five o'clock delivery is a distinct delivery—on that occasion neither the prisoner nor Abbott were there—both of them were there at the sorting of the letters that came from the chief office at four.
lette from her on the 3rd of Nov. inclosing sixpence, a 4d. piece, and silk—my book-keeper is here—these sort of things would pass through his hands.
WILLIAM ABBOTT . I am a letter-carrier in the branch-office, Charing-cross. I was on duty on Tuesday evening, the 4th of Nov.—the prisoner was standing next to me sorting letters, about half-past six—he held a bundle of letters in his hand—I saw him put his right thumb over one letter, feeling it to see if it contained money as I thought—in consequence of that I watched him—he placed that letter under the letters he held in his left hand—a letter-carrier sitting on my left asked me some question, which induced me to turn round-when I turned to the sorting-table again the prisoner had left—I saw him going up the office and into the second office, in which the water-closet is—I saw him go to the water-closet—he tried the door, it appeared to be fast—he then came into the sorting-office again, to his own desk—the name of his district was then called out by Mr. Smither, and the prisoner, as was his duty, went up—whilst he was gone I looked at the letters which lay on his desk—they were quite right—hey were letters addressed to his own walk—he did not take them with him—it was only the first part of the duty—they were separated, ready for being taken away—I then missed the prisoner from the office—I went to the bottom of the office, and found he had left the office—it is not a very long office—I went outside the office into the street—I went ten or twelve yards from the office, towards the Golden-cross hotel—I saw him coming from that direction towards the office—he held some white paper in his hand—he was tearing it into pieces, and threw the pieces into the road with his left hand—I said nothing to him—he passed me and went to the office—I proceeded to pick up some of the fragments ho had thrown away—I produced them to the officer—these which have been produced are the pieces—my examination of the pieces did not enable me to find out whose letter it was, or where it bad been addressed—I took the pieces home, and put them to-gether, but could not understand them—I mentioned to my wife what I had noticed, and next day, or the day after, I am not positive which, I named it to Dolan, who is in the same office—I did not show him the pieces—I told him what I had seen—the prisoner was taken into custody on the 17th—I preserved the fragments till then—they were produced before the Magistrate—I had been on duty the day before, Monday the 3rd, at the same place—the prisoner was there also—he and I assisted in sorting the letters that were brought from the chief office, by the dispatch, at four and a quarter to four—I did not on that occasion notice anything that attracted my attention.
Cross-examined. Q. Am I to understand that you told Dolan you had seen the prisoner throw the papers away? A. I am not positive that I told him that—I did not mention the prisoner's name to any one, except my wife I did not mention his name to Dolan—it was only a case of suspicion—I did not paste the pieces together—I saw Mr. Sculthorpe do so—they never went out of my possession—I kept them locked up in a box which no person could get at without breaking it open—it was on the Tuesday evening that I saw him fingering the letter, and followed him out—I did not see what became of that letter after he had placed it at the bottom of the letters—he had it in his hand—I had a doubt whether the torn letter was one which had been in the course of delivery.
MR. BODKIN. Q. What was it you said to Dolan? A. I told him I was convinced that there was one of the letter-carriers in our office not honest—it is so long ago I forget whether I said anything more—I said a good deal to him about it—I told him I had seen what had satisfied me, but it was not sufficient proof, I thought for the authorities of the office—I said that to him at that time.
Cross-examined. Q. Do you see him often? A. Yes—we frequently meet—I am on the same walk as he is, but not at the same hour—I saw him on the Wednesday, and on the Tuesday evening—it must have been six o'clock on the Tuesday evening that I saw him—I saw him on the office then—I did not notice the prisoner there.
JOSEPH PARK (police-constable F 124.) I was on duty in the Strand during the first week of Nov.—I know Abbott by having seen him—I remember seeing him one afternoon in that week, picking up something opposite the Golden-cross—they were small pieces of white paper, or writing paper—they were on the ground—the wind was boisterous, and the paper was blowing about from one side of the road to the other—he was about three or four doors beyond the branch Post-office, nearer Temple-bar.
Cross-examined. Q. You did not pick up any of the paper yourself? A. I did not.
JOHN ADOLPHUS GEORAGE BOUSTERD . I acted as clerk to the justice on the examination of the prisoner on this charge—I took down from his mouth what he said, on being asked what he had to say—it was read over to him, and I asked if that was what he wished to say—he said yes—(reading)—The prisoner says, 'I don't recollect whether I had such a letter in my hands—the sweepings of the office are swept outside the door.'"
Cross-examined. Q. Are you sure that was all he said? A. That was all he said—he did not say they had never come from him—if he had said it, I should have taken it down—I am quite sure he said no more than I have taken down—he asked several questions of the witnesses—that was all if said in his defence—he asked the witnesses questions, and commented upon them—that I have not got down.
WALTER ROBINSION SCULTHORPE . I am one of the presidents of the Post-office. I examined these Tragments of paper which were produced by Abbott—I put them together—some of them have been spoken to by the prosecuterix—I find here portions of two letters—one baa the name of? A. Williamson on it, quite in a different handwriting.
MISS BUCKLE re-examined. The name "A. Williamson," on this paper, if not my writing, it formed no part of my letter to Mr. Wilks.
GUILTY . Aged 45.— Transported for Ten Years.
25. EDWIN ANDREWS, alias Edward Bragg , was indicted for stealing, on the 13th of Oct., at St. George, Bloomsbury, 2 bags, value 6d.; 1 key, 6d.; 4 sovereigns, 1 half-sovereign, and 2 5l. notes, and 1 promissory note for payment of 5l., the monies of John Beck, Ms master, in his dwelling-house.
MR. PRENDEROAST conducted the Prosecution.
JAMES BOUSTBAD . I am in the service of John Beck, who lives in King-street, Holborn, in the parish of St. George, Bloomsbury—it is his dwelling-house. On the night of the 13th of Oct., when I went to bed I left my coat on—there was a key of the safe in the pocket, in which safe were two 5l. Bank-notes, one 5l. country-note, four sovereigns and a half, and twenty-four door plicates in a bag—the prisoner was in my master's employ, and slept in the same room—I called him at seven o'clock next morning, and he got upland went down to help the apprentice take the shop shutters down—I went down half-past seven, and found the safe-door closed—I did not miss the key from my pocket till I put my hand on the safe—I found the prisoner had gone when I came down—he had no business out—I pulled the safe door
open by placing my hand on it—I pulled the drawer of the safe out, and the money and note were gone—the notes had been in a canvas bag, and the duplicates in another bag—both bags were gone—I afterwards received information, and went to Yeovil, in Somersetshire, and traced the prisoner from there—he was apprehended on Monday, the 19th, by the Yeovil police—he had 7l. 15s., 6 1/2d. in his possession—the officer asked how he accounted (or that money—he said he received it from his master—he had no wages—he lived in the house—he had been in master's service about six months.
Cross-examined by MR. PAYNE. Q. You did not see the money found on him? A. No, it was produced by the policeman—I looked at the safe at five o'clock on the 13th—it is in the counting-house, on the groundfloor—there were seven persons in the house on the night of the 13th—I saw the prisoner dress himself and go down—the prisoner had no wages—the duplicates belonged to Mr. Beck—we have found nothing that can be identified.
ROBERT HARLING . I was in Mr. Beck's employment. The prisoner got up a few minutes before me this morning—the safe is on the ground floor, at the end of the shop, in the counting-house, in the front shop—there is a shop at the top of the house for the men to work in—it was the prisoner's business to attend to the top shop, and mine to attend to the one below—I got the keys from Boustead that morning, and the prisoner and I went up stairs to the top of the house to dress ourselves—the prisoner took the keys from a chair I had laid them on—he came down stairs, and took on himself my duty, by unlocking the outer shop first—he went down before me—when I came down he was at the. end of the shop, near the safe—I missed him about ten minutes after—the keys would enable him to go to the place where the counting-house is—the door was not above half a yard from the safe—he unlocked that first—his sole business was in the upper shop—he had to help me to take the shutters down into the area, but not belonging to the shop.
Cross-examined. Q. Would it not be his duty to come down stairs? A. Yes, but not to unlock the shop—my master was in the country on business at this time—he has been gone about three months, or rather more—I slept along with the prisoner in one bed, and the foreman slept in another bed in the same room—I got up two or three minutes after the prisoner—he got up directly after he was called, at seven o'clock—I got from Boustead the keys to unlock the shop—they were two tied by a string to a piece of wood.
THOMES BAREFOOT . I am a policeman on the Great Western Railway. On the 14th of Oct., about half-past ten o'clock, I found twenty-three duplicates on the railway—I afterwards found a small bag and a duplicate, in the afternoon, about ten yards from where I picked the others up—I took them to the ford station, and forwarded them to Mr. Collard—I have since seen them in Collard's possession.
Cross-examined. Q. Where was it you found them? A. Between the reading and Twyford stations, on the space between the up and down lines—I looked at them when I picked them up, but not to see what they related to particularly—I gave them to the sergeant at the Twyford station, who for warded them to Mr. Collard, in London—the sergeant is not here—I know them by some very particular black marks on some of the backs of the duplicates—(pointing them ok)—that is all I know them by.
JOSEPH COLLERD . I am superintendent of the Great Western Railway police. On Tuesday, the 14th of Oct., I received twenty-three duplicates, forwarded in a note by the sergeant, by the train—on Thursday, the 16th, received a bag and another duplicate by the same means—I have had them in my possession ever since—three trains would have left London on the road to Yeovil before half-past ten o'clock.
EDWARD HARRIS (policeman.) I went down to Yeovil, and received the prisoner in custody from the Yeovil police—7l. 15s. 6 1/2d. was given me, in his presence, by a police-sergeant named Holt, who told me he had found it in the prisoner's pocket—I asked the prisoner how he came by it—he said he received it from his master in wages—I heard him say something before the, Magistrate—what he said was taken in writing.
NOT GUILTY ,
OLD COURT.—Thursday, November 27th, 1845.
Fourth Jury, before Edward Bullock, Esq.
26. WILLIAM ROWE was indicted for stealing, on the 30th of Oct., at St. George's, Bloomsbury, 3 watches, value 11l. 10s.; 9 sovereigns, and 2 half-sovereigns; the property of George Webb, his master, in his dwelling-house; to which he pleaded
GUILTY . Aged 16.— Transported for Ten Years
(William Silverton, clerk, Philadelphia-terrace, Lambeth; and Susan Whitaker, widow, No. 48, Cornwall-road, deposed to his good character.)
27. EDMOND ANKINS was indicted for stealing, on the 17th of Nov., 1 watch, value 30s.; 1 pair of spectacles, 10s.; 1 ring, 2s.; and 1 snuff-box, 1s.; the goods of Joseph Ankins; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 14.— Confined Fourteen Days
(The prisoner's mother stated that he had bad acquaintances, and wished him to be placed in some asylum.)
HENRY SIMMONS ALLCHIN . I live at No. 7, Fitzroy-place, New-road. The prisoner has been with me between five and six months, as a helper—he lodged with me—on Saturday, the 8th of Nov., I came home, between eleven and twelve o'clock—I had my supper, and then went and lay down on the bed, with my clothes on—that was about half-past one, or two o'clock—the prisoner was in the same room—he laid by my side—about ten o'clock on the Sunday morning I awoke, and found his hand in my jacket pocket—I had my jacket on—I had 2l. 9s. 3d. in my pocket, in silver and halfpence, not gold—there were four half-crowns, I believe, also shillings, sixpences, and halfpence—I said, "What are you doing?"—he said, "I am only putting the clothes over you"—I got up, went into my mother's, and had my breakfast—I took no more notice to him till the Monday morning—I went to market with Hooper, and boughtbushels of apples, and when I went to pay for them I missed my money—the prisoner was there minding the cart—I then said to the prisoner, "You had your hand in my pocket yesterday morning"—he strongly denied it—we went home together—he was quarrelling with me all the way home—he said he never saw it—I told Hooper to go in and see what he said, and try and get the money back—he sent for me to come in, and I went—the prisoner then said he had taken two half-crowns out of my pocket when I was asleep, but he took none when I was awake—he told me
he had taken 16s. 3d.; that he had spent two half-crowns on the Sunday night, and wrapped the other in a piece of rag, and had lost it out of his pocket.
JOHN HOOPER . I was at Covent Garden with the prosecutor and prisoner—I heard the prosecutor say to him, "George, I found your hand in my pocket yesterday morning, you have robbed me"—he strongly denied it—they went straight home—I went into the back parlour by the prosecutor's desire, and said to the prisoner, "George, you had better own to taking the money if you have it; you had better say what you have done with it"—I did not say," You had better own to it"—I said, "Henry says you had better own if you have got it"—what he told me was after that—the money was never found—(looking at his deposition) this is my name.
Q. Well did not you say this, "I said to him, it will be better for you to own to it; for Henry says he will fetch a policeman?" A. Yes.
NATHAN JERVIS (policeman). I took the prisoner into custody—I told him he must go with me—in going to the station he said he had taken it, but he would pay it in 1s. a week—I said nothing to him—he said it of his own accord.
Prisoner. I did not say such a thing.
NOT GUILTY .
Before Lord Chief Justice Denman.
MESSERS BODKIN. and CLARK conducted the Prosecution.
ELLIEN AMELIA JOHNSON . I am a milliner, and lodge at 16, Little Port-land-street. On the 12th of Nov., about nine o'clock in the evening, I was in Regent-street—I saw the defendant in here—I had been in company with his once before—he had not been with me to my house—on this occasion he accompanied me to my house—he remained with me about half an hour—he bad intercourse with me—he then left the house with me, and went with me to Mortimer-street, about ten minutes' walk from my house—he bad not given me any remuneration in the house—he gave me a sovereign in Mortimer-street—he did not say anything at the time he gave it me—I took it and gave it him back, because it was not good—I told him it was not good—he put it back into his pocket, and took three others out of his pocket, held them in his hand towards me, and said, "You can take either of those"—I could see what was in his hand—I told him they were bad—he said he had not any more money, and he put the three sovereigns into his pocket—I called a policeman in two or three minutes, and gave him in charge—I accompanied him and the policeman towards the station-house—on the way to the station the prisoner offered me 5s. which he got from a policeman—he offered me 3s. first, I would not take it, and then he gave me two more—I then said I did not wish to give him in charge—the policeman said I should be obliged to give him in charge.
Cross-examined by MR. CLARKSON. Q. From the time the sovereign was first offered to you in Mortimer-street, till you called the officer, it was all within the space of a minute, was it not? A. I do not know exactly, it was more than a minute, it was all very quickly done, my calling for the police and everything—I did not pay any particular attention to his dress that night—I think he produced the sovereign from his left hand trowsers pocket—it appeared to be loose—he took it from his pocket, not a purse—it was from the same pocket that he took the others—I did not call out for the police directly he
said he had no other money—I did not tee whether he was agitated or confused—it was immediately under a gas-light that he gave me the Bret sovereign—the light was very strong on it.
JOHN EDWARDS . (police-constable E 47.) I was called by last witness, on the night in question, to take the defendant into custody—she said, in his hearing, it was for offering her a counterfeit sovereign, and having three more in his pocket—we all three proceeded towards the station—at we were going along we met Saunders, another policeman, who appeared to be known to the defendant—he borrowed 5s. of Saunders—he did not give that to the young woman in my presence—when we arrived at the station, Mr. Rawley, the inspector was there—he knew the defendant as Mr. Powell, connected with the Solicitor of the Mint—the charge was made, and something was said about searching him—the defendant said there was no occasion for that, he would deliver up what money he had in his possession—he put his hand into his pocket, and produced what it contained—(looking at some coin produced by Rawley)—here are four sovereigns, two half-crowns, four shillings, and two sixpences, all counterfeit—he produced the four sovereigns and one shilling from his left-hand pocket, and the other from his right—I afterwards searched him, but found nothing on him but some copper money.
Cross-examined by MR. DAONE. Did you know Mr. Powell when you first took him into custody? A. No—the sergeant from whom he borrowed the 5s. appeared to be acquainted with him—I heard the defendant state at the station, that night, that this had occurred in consequence of a mistake in changing his trowsers.
COURT. Q. When he borrowed the money of the sergeant, did he say that it had arisen from mistake? A. No, he did not say so before he was at the station.
MR. BODKIN. Q. Was the sergeant at all told that he was in custody.? A. No.
JOHN RAWLET . I am an inspector of the division of police. On Wednesday night, the 12th of Nov., about half-past ten o'clock, the defendant was brought to the station—when he came into the station he made hit way towards the desk, where I was sitting, and placed himself in a position to speak to me—I did not know him 'at first—he then retreated into a room adjoining the desk, and, seeing who it was, I followed him—directly we got into the room he said, "This woman has given me in charge for passing. counterfeit sovereign"—I made no reply, but walked out and asked the constable the nature of the charge—that was in the defendant's presence—the constable told me it was for giving the girl a bad sovereign, and having three others in his pocket—Johnson directly said yes, but she did not wish to charge him, as he had satisfied her—I directed Edwards to search the defendant—he said it was not necessary, and produced the sovereigns—in the course of conversation he said this counterfeit coin was the subject of investigation before a Magistrate; that it came into his hands in the coarse of his business, and that a mistake had occurred in changing his clothes—in consequence of that, and the girl refusing to give him in charge, he was allowed to depart—he came to the station next morning, he wanted to know if any report would be made of it to the Commissioners of Police—I declined to tell him—the case was reported to the Commissioners—I saw the defendant at the station about half an hour, and left him there waiting—he came back at two o'clock—I had at that time received directions from the Commissioners, in consequence of which I detained him, and he was taken to the Police-court.
Cross-examined by MR. CLARKSON. Q. I believe he said overnight that
he would come in the morning? A. He did—I have known him engaged in matters connected with the Mint some time, and have frequently seen him in possession of counterfeit coin taken from persons charged—it would be in the course of his duty to have it frequently.
MR. JOHN FIELD . I am inspector of counterfeit coin to her Majesty's Mint. I have known the defendant some years—I do not know his age—I believe he has been nearly three years in the Solicitor's department—his father and grandfather have also been engaged in the establishment many years—these four sovereigns are all counterfeit; also these two half-crowns, four shillings, and two sixpences.
Cross-examined by MR. DAONE. Q. I suppose you have had opportunities of frequently seeing him? A. Very frequently—I believe he has borne a highly honourable character, perfectly so—I never heard the slightest stain on his character—these half-crowns are not likely to deceive anybody—the whole of the silver appears to have been in circulation, and mostly defaced, and the gold is as coarse as it well can be.
(The defendant received a good character.)
NOT GUILTY .
GUILTY .† Aged 40.— Confined Eighteen Months.
OLD COURT.—Friday, November 28, 1845.
First Jury, before Edward Bullock Esq.
GUILTY.— Judgment Respited.
GUILTY .—Recommended to mercy.— Confined Three Months.
GUILTY .— Confined Four Months.
SARAH GODFREY . I am the wife of Francis Richard Godfrey, who keeps the Queen's Arms, Dartmouth-street—the prisoner was in our service three months and ten days. In consequence of missing coppers from a shelf in the bar, I placed 1s. 6d. worth of halfpence on the shelf—I counted them the last thing at night, and closed the bar—I counted them again the first thing in the morning, when I opened the bar, and they were correct—the prisoner then cleaned the bar—after she had done it I counted the 6d. worth, and there was 2d. short—I went into the tap-room and told her I missed 2d. from the 6d. worth of coppers—she denied it—I then went back and counted the 1s. worth, and missed a penny—one halfpenny was marked by myself over night—I accused the prisoner of taking the six halfpence, and advised her to leave the
house before her master came down—she refused to do to—I tent for her master, and got a policeman—she gave me the key of her room—I went in with the policeman, and found six halfpence under a towel on the table in her bedroom—the marked halfpenny was there—we had no other servant—it was her room only.
Prisoner. Q. Did not I ask you to search me? A.'No'—nor ask me to send for a policeman—I did not go into your room before the policeman was sent for.
JOSHUA BUSBY (police-constable A 39.) I received the prisoner in charge—I went into her room—I followed the prosecutrix in, just behind her—she pointed out the 3d. as soon as I went in, lying on the table—she took one halfpenny up, and said, "That I marked on the previous evening," I have had it in my possession ever since.
Prisoner. Q. Was Mrs. Godfrey in ray room before you came up? A. Not to my knowledge—she was in the bar when I came into the house.
MRS. GODFREY re-examined. This is the halfpenny I marked.
Prisoner's Defence (written.) I had notice to leave my place at a fortnight's warning, after which my mistress was always scolding me; when she accused me of this, she said if I would give her 2d. she would say nothing about it, but let me go about my business; I said I would not, for I had not taken it; she asked for my key; I told her before she went up that I had 4 1/2d. in my frock pocket; she went up, and came down, saying, "I have found 3d., and 3d. I lost, for I have missed another penny;" my master had said the night before, he would take b—y good care I should not sleep there another night.
MRS. GODFREY re-examined. I had not been into her room previous to sending for the policeman—he followed me in.
GUILTY . Aged 26— Confined Two Months.
Before Mr. Justice Coltman.
GUILTY . Aged 32.— Transported for Life.
Before Mr. Justice Colt man.
35. GEORGE GAMBLE was indicted for stealing, on the 18th of July, at St. Michael, Corn hill, 8 watches, value 160l., the goods of John French, his master, in the dwelling-house of Peter Pattison; and ADOLPHUS WILLIAM BODILL for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.
MR. BODKIN. conducted the Prosecution.
JOHN GRAY (police-constable C 10.) On Saturday night, the 18th of Oct., in consequence of information, I went to Mr. Masters' s, a pawnbroker's shop, in Brewer-street, about half-past eight o'clock—I was in plain clothes—I found the prisoner Bodill in the shop—his back was towards me, and when I went into the shop, I said, by mistake, "Mr. Gamble"—he turned round, and said, "My name is not Gamble, it is Bodill"—I then saw it was Bodill—I knew him before—I asked him when he saw Gamble last—he said, "About an hour ago, at Croft's public-house, in Windmill-street, Haymarket"—I suppose he knew me—he said he had an appointment with him at the General Wolfe's Head, Clement's-lane, City, at nine o'clock—I said, "You must consider yourself in custody for stealing watches from Mr. French"—I
took him to the station, searched him, and on his person I found 110 duplicates and two gold watches, which I produce—I questioned him about the duplicates—he said they were given to him in the course of the day by Gamble—I took possession of the watches—he said nothing about them at that time—I saw him again on the Monday morning, in the cell of the station—he then said the two watches were taken out to be sent back to Mr. French—among the 110 duplicates, there are eight for watches pledged at Fleming's—I knew Bodill before, but had never spoken to him—I knew Gamble before, and had seen them both go into No. 9, Panton-street—they frequently entered there—sometimes together, and sometimes separately—it is Mr. Rowland's house, and I saw them once at No. 16 1/2, Castle-street, Leicester-square, the bottom part of which is a coffee-shop, the upper part is used as a gaming-house—I saw them there on Sunday morning, the 3rd of Aug., as I sat in the coffee-shop—they came from up stairs between four and five o'clock in the morning, and went out.
Cross-examined by MR. CLARKSON. Q. You have been hunting this out for a long time, have not you? A. I was not hunting this affair then—the first intimation I had of this was at the latter end of Sept.—I have not been in the gambling-house, 16J, Castle-street—I was present when a charge was made against it as a gambling-house, and the parties were convicted—I believe it has been used as a gaming-house ever since July—I know it by report—I had received information of both of them, and was watching—I went to the pawnbroker's, expecting him to be redeeming two watches, but was not told any appointed time—after leaving Bodill at the station I went to Croft's, and received information that Gamble had been there, and was gone—Gamble was taken a little after nine o'clock that evening, at the Waterman's Arms, Haymarket—I found a list on Bodill—it refers to some of the 110 duplicates the two watches I took from him were Nos. 5,104 and 659—the pawnbroker, said they had been taken out of pawn that day—the eight duplicates are for property pawned at different times.
MR. BADKIN Q. Did you hear that they had been taken out that day by pledging another watch which Mr. French claimed? A. Yes, pawned by Bodill.
(The list produced was an account of articles of jewellery, and nearly 100 watches, with sums against them amounting altogether to 708l.)
JOHN WALL (policeman.) On Saturday night, the 18th of Oct., about half-past nine o'clock, I apprehended Gamble at the Waterman's Arms, Haymarket—I told him I took him on a charge of stealing several watches the property of his late master and other persons—I brought him out of the house to take him to the station, and as we came out, I had said nothing to him but told him the charge—I held out no inducement to him—he said, "It is a bad job, I am in a mess, I have nothing but transportation before me"—I asked if he had any duplicates about him—he said, "No, I have not"—I asked if he had not some during the day—he said, "No, I have not"—I asked if he had not given some to some person during the day—he said, "No, I have not"—I took him to the station, searched him, and found a memorandum-book and a variety of papers, three or four bill-stamps, filled up, and two stamps accepted in blank, in the name of A. W. Bodill, payable at 57, Commercial-road, Lambeth—the three filled up have not his name on them—while I was searching him he said, "I have to thank Bodill"—I afterwards searched Gamble's lodging, at 21, Stamford-street, Waterloo-road, and found some papers, which I produce.
Cross-examined by MR. CLARKSON. Q. Among other things did you find on him a variety of invoices for watches sold to Gamble? A. Yes.
MR. BODKIN. Q. They appear to be invoices from watch-makers to Gamble? A. Yes, the parties who were the sellers appeared at Marlborough-street—Mr. Wymark and Gibbons were there—I believe none of the invoices refer to the watches, the subject of this indictment.
Cross-examined by MR. DOANE Q. Were any watches produced at Marlborough-street having reference to either of these documents? A. I believe not then—at the third examination various pawnbrokers produced watches relating to the invoices, and I saw duplicates produced relating to them—I believe Gray has them.
WILLIAM FRENCH . I live with my brother, John French, a watch and chronometer maker, 80, Cornhill; he occupies the basement and ground floor. Peter Pattison is the owner of the house, and some of his servants reside there—it is in the parish of St. Michael, Cornhill—Gamble has been in my brother's employ nearly four years, and in my father's four more—our business is very extensive—the two watches found on Bodill are the property of customers of ours, in our care (looking at eight watches, Nos. 8128, 2163, 6803, 5837, 7574, 2751, 54295, and 4229)—these, Nos. 2163 and 4229 are job watches, brought by customers to be repaired, the others are my brother's—one of the job watches was brought by Mr. Gilmore, and the other by Barry—we have missed watches of this kind from the stock since these discoveries have taken place—No. 2183 is worth about 40l. two of the watches are worth rather less than 5l.—the value of the whole is rather more than 100l.—Gamble was dismissed from my brother's service on Thursday, 16th Oct.—after he was in custody, in consequence of a message sent to me I went to see him in Tothillfields prison—I said nothing to induce him to say anything to me—I cautioned him, after the officer who was present cautioned him—I said, "Whatever you say, Gamble, will be used against you, therefore use your discretion"—he said he felt deeply sorry for having done what he had, and proceeded to make a statement to me, which I reduced to writing within three hours—I did not say it would be better or worse for him if he made a statement (looking at his memorandum)—he said he had on various occasions given Henderson watches stolen from Mr. French, to pawn, and also to Bodill—that this had been going on for many months—that Henderson never gave either money or duplicates to him, nor did Bodill—that Bodill and Henderson were both repeatedly pressed by him to give back the duplicates, as he intended to confess all to Mr. French, that Bodill having once got him into his power threatened him to discover him to Mr. French, in order to obtain more property from him—that in no instance had Gamble intercepted watches to be sent to customers, Mr. P----'s case excepted—he had never pawned or stolen new work himself, that is gold or silver cases—that it always was his intention to confess his guilt to Mr. French, and implore his mercy—that he did so now because he felt Mr. French's kindness had been returned by great ingratitude, and he saw no way of making reparation but to give every information by which Mr. French might recover his property—that he had no defence of his conduct to make, and imputed his disgrace principally to Bodill's persuasion—that Bodill recommended him to establish a French hazard bank, in Panton-street, by way of getting money—that he consented to do so—that apartments were accordingly taken by Bodill and Eustace, that gambling was carried on, in which Gamble was generally a loser.
Cross-examined by MR. DOANE Q. Do you remember when either of the two job watches came into your brother's possession? A. I have the book here—one is entered in my own writing, and the other in Gamble's—I believe No. 2163 came a year ago—I have not seen it since I returned from Ireland, which was in Aug., I went on the 7th or 8th of July—I have not seen it since
that—I think I saw knot long before I went—I think I had not seen it since June, but we have so many—No. 4229 was taken in on the 7th of July—I took it in the day before I left—I have not seen it since, till before the Magistrate—I have seen all the watches produced—I saw No. 8128 on the 12th of May—I have not seen No. 6803 since Dec. 1844.
Cross-examined by MR. CLARKSON. Q. Are you interested in the profits of the business? A. No, the business is entirely my brother's—I am not paid according to the profits or losses—I was not sent for to receive Gamble's confession—a lady came on two occasions to beg I would go, and stated that he wished me to go and see him, as he had a great deal to unburden his mind of.
Q. Did you learn from Gamble that he had taken these articles from time to time as he had opportunity? A. Oh, yes—lie had taken them for many months—he did not say he took one whenever he could—his words were, I believe, that this had been going on for many months, and that he never pawned himself—I was present at the examination at the police-court—one pawnbroker said he believed Gamble was the person who pawned one watch.
MR. BADKIN Q. Had there been any examination before the magistrate before you went to the prison and got the statement? A. There had been two examinations—they had been committed—Gamble stated that many of the watches my brother thought fit to return to the pawnbrokers were ours—Gamble was present at both examinations—I did not know that any of the watches, except 4229, was gone from the stock till after Gamble had left us—I missed that after my return from Ireland, as the gentleman it belonged to happened to ask me himself for it—I spoke to Gamble about it—he said it had been sent back to Alexander, the workman, to repair.
WILLIAM BOORE . I am assistant to Mr. Flemming, pawnbroker, St. martin's-lane—here are seven duplicates and a declaration of the loss of a duplicate—they were issued from our house—on the 2nd of June, 1845, this watch, No. 8128, was pawned in the name of Bradstock, by Bod ill, for 15l. on the 18th of July—2163 was pawned by Bodill in the same name for 7l. or 8l., and next day he brought another watch, and both were put together on one duplicate, dated the 18th for 17l.—on the 30th of August, 4229 was pawned in the name of Bradstock—I do not know who by—on the 2nd of June, 54295 was pawned in the name of Bradstock—I do not know who by—on the 27th of May, 2751 was pawned in the name of Bradstock—I have three other watches pawned on the days the duplicates are dated by persons I do not know, and not in the name of Bradstock—they correspond with the other numbers—the duplicates were given to the parties by whom they were pawned—I know Bodill as a customer pawning at our shop—I knew him by the name of Bradstock, never by any other name.
Cross-examined by MR. DOANE. Q. Were you at the first examination? A. No, I think it was the second or third—Gamble was present, and heard my statement about the watches.
Cross-examined by MR. CLARKSON. Q. I believe it is very common for persons to pawn in another name? A. Very often—I did not take in any of the eight watches—I was present on the 2nd of June when one was pawned—I was not present on the 18th, but was when he came the following day and had two put together—I think it was July, not June—the other six are in the hand-writing of four different persons.
MR. FRENCH re-examined. When Gamble made the statement to me the last witness had been examined in his presence.
first floor—I saw both the prisoners there the night they were taken, but not both at the same time—Gamble was present when Eustace made the bargain for the apartments—I saw Bodill in about an hour, or hour and a half—it was about a fortnight after we had taken the house, in the early part of April—they continued to come to the rooms up to the time they were taken into custody—the two sitting rooms opened with folding doors, and were furnished—they had bed-rooms let to them, but not at the same time—I have seen them several times at the rooms—I did not open the door to them, but have seen them both there together and separate, and Eustace also—the rooms appeared to be used most in the evening—I Knew some time after, what they were taken for, but not at the time—I gave them notice to quit—this is the notice—(looking at it)—it is signed by my husband—I gave it to a My Friend, of Leicester-square, to give them the notice—I do not know whether either of the prisoners were in the house at the time—I made out this bill, and gave it to the waiter—he was their servant—Eustace appeared to be the master—the bill is made out to the prisoner Bodill, and is for a week's rent and articles 3l. 8s. 6d.—Gamble paid me that bill—these papers were found on Gamble)—I remember once going into the room, and saw them playing at cards—Eustace and some gentlemen were there, but not either of the prisoners—I was paid for the occupation of the rooms while they were there.
Cross-examined by MR. CLARKSON Q. You have seen the prisoners come out of the rooms Eustace took, together and separate? A. Yes, he took the rooms about a fortnight after Lady-day—I generally saw the prisoners there once a week—when I have sent up for the rent one or the other came down—the policeman did not advise me to give them notice.
GEORAGE HODGKINSION . I have been in the prosecutor's employ for about seventeen years—I have seen Bodill repeatedly in the shop—he came to see Gamble; and I have seen him outside the shop, at the corner of Finch-lane, waiting at the corner three or four times a day looking in at our side window—I never saw him in Gamble's company except in the shop.
Cross-examined by MR. CLARKSON. Q. He was looking as if waiting for Gamble? A. Looking out for him, I supposed.
(Matthew Wood, artist, of Berner's-street; and Thomas Wood, a stock-broker, gave Gamble a good character.)
GAMBLE— GUILTY . Aged 31.— Transported for Ten Years.
BODILL— GUILTY . Aged 81.— Transported for Fourteen Years.
(There were five other indictments against Gamble, and two others against Bodill.)
First Jury, before Mr. Justice Coltman.
36. CHARLES MITCHEL, JOHN GROGAN , and JAMES BURKE , were indicted for burglariously breaking and entering the dwelling house of Thomas Clark, about twelve in the night of the 28th of Oct., at 81, Marylebone, with intent to steal, and stealing therein, 1 pair of sugar tongs, value 1l.; 4 spoons, 1l. 6s.; the top of a pepper castor, 1s. 6d.; 1 glazier's diamond, 9s. 6d.; 1 accordion, 1s.; 3 pounds of cheese, 2s.; 1 hat, 1s.; 2 goats, 30 pence, 70 half pence, 8 farthings, 1 piece of foreign copper coin called a five centeim, 1 half penny; and 1 piece of brass, 1d.; his property; and that Grogan had been before convicted of felony.
MR. ROBINSON conducted the Prosecution.
in Great James-Street, Lisson-grove, about three in the morning—I had a charge of assault against two of them—I found them all three in company with five females—I called Mitchell out of the room, and said to him, How came you to knock that man about in Steven-street?"—He said "I have not been in Steven-street to night"—I said, "Oh yes you have; you must go with me to the station, both you and Burke"—he said, "Well, I will go with you; let me drink my coffee first"—I said, "Yes"—he took his coffee up in his left hand, and with his right he took out a handful of half pence from his pocket, and handed them over to Grogan—I saw them in his hand—I said, "What are you doing? I shall not allow you to pass anything in that way"—Mitchell said, "He (meaning Grogan) must pay for the coffee"—I did not see the coins sufficient to identify any of them—I took Mitchell, and another officer took Burke—I saw Grogan take eight penny pieces from the rest of the copper Mitchell had given him, and hand them to the coffee-shop keeper for the coffee—we took the prisoners to the station-house—I searched Mitchell, and found on him a 4d. piece, two pence, eight half pence, and a farthing; some lucifer matches, two keys, a knife, tobacco box, and book—the prisoners were placed in the dock at the station-house—I left them there about a quarter of an hour—when I came back I found them in the same place—Mitchell's arm was leaning on the bar close to a cupboard—I heard of Mr. Clark's robbery next morning—I went there about half-past seven and found in the back parlour several things upset, and the window of the room open—there was a trace of footsteps over a wall on some leads to the back of No. 3, Salisbury-street, Devonshire-place, which is about eighty yards from Steven-street—Devonshire-place turns round on the right in Salisbury-street—between Nos. 2 and No. 3—it is like a paved court—I traced the footmarks over the wall—we could trace somebody having got out of Devonshire-place to the back of 3, Salisbury-street—Stafford-street it twenty or thirty yards further from Salisbury-street than Steven-street—I went to the coffee-house again, and saw the landlord, to whom I had seen the money paid—he gave me this coin—I went to Grogan's house, and apprehended him—I told him the charge—he said he knew nothing about it—I took him to the station, and found on him sixteen halfpence, one penny piece, two farthings, and a French coin, and in his jacket pocket a small portion of cheese, which I produce, and some lucifer matches.
Burke. I was not in the dock at all; I stood outside. Witness. They were in the dock—I left them standing there, and they were there when I returned.
JOHN GRANTHAM (police-constable D 38.) I accompanied Hannant to the coffee-shop—I took Burke to the station-house, and placed him in the dock there—we left to fetch a witness, and when we came back Burke was out on the coal-box—I found on Burke twelve half pence, one penny piece, and two lucifer matches, a key, two farthings, and a pencil—this was before I went for the witness—at half-past ten o'clock that night I had seen Mitchell and Grogan in Steven-street, with four other men and women, and at half-past eleven o'clock I saw Mitchell and Burke together in Stafford-street—I saw them all three together in Steven-street a little after two o'clock—they were eighty or ninety yards from Clark's house.
ROBERT SEARLE . I keep the coffee-shop, 30, Great James-street, Lisson-grove—I saw the prisoners at my house on the morning in question—they had some coffee—I recollect the policeman coming in—I received 8d. from Grogan—Hannant afterwards came to me, and I gave him a penny piece, which I knew to be the penny piece Grogan had given me, because there was no other money in the till—I received it about three o'clock in the morning,
and gave it to him about half—past seven—there was no penny piece—in the till but what I took from him—I am quite certain I received it from Grogan—nobody received money but me—I was the only person up.
Grogan. Q. Did not you say at the office you were not certain which of us gave you the money? A. I said I had not seen you before, and did not know which paid me, but when I saw you again I recognized you, as you were sitting on the opposite side—I did not, the first time, know who paid me, but at the second examination I recognized you—the policeman did not say anything to me—I did not know either of your names.
Burke. He was asked if he could identify any of us, and he said not; he said, "One of them paid me, I don't know which;" we were not in there above three minutes.
HARRIET FIELDER . I am house-keeper to Mr. Thomas Clark, of No. 5, Salisbury-street, Lisson—grove, in the parish of St. Mary—le—bone—he does not live in the house—I went to bed on Tuesday evening at half—part ten o'clock—it was my place to see all the doors fast—I saw all the doors and windows fast—when I got up the next morning I found the house had been entered by the back parlour window—I missed three tea—spoons, one dessert-spoon, a pair of sugar—tongs, and the top of a pepper—castor—they were all in the cupboard, which was locked—I missed an accordion, a glazier's diamond, and a hat—they were in the parlour—I went into the shop and found all the tills were emptied—I had seen them the last thing the evening before—I emptied the two silver tills, and put two four penny pieces back into the till again, and this brass penny piece was lying on the top—I had seen it at ten o'clock safe—my attention had been called to it many times—I had offered it and it had been returned to me—the penny piece produced is the same—I left in the tills between 6s. and 1s. in copper money—that wan in the three tills—I do not know how much there was in each—it was in pence and halfpence, and seven or eight farthings—I had seen a French halfpenny, but could not swear to it—I had seen a French halfpenny in the till two or three days before, and this resembles it—this is the top of the pepper—castor—I know it well—I had seen it safe and used it the same evening.
Burke. She says she saw the place all secure, and at the office he said the back window did not fasten at all.
Witness. The back window slides back and is fastened by a little catch—that catch was not broken—it must have been opened with a knife—it could be opened with a knife without breaking it.
HENRY THOROGOOD . I am shopman to Mr. Clark. I left the house about a quarter after ten o'clock on Tuesday night—I saw the front was all secure—I took the silver out of the butter side till, and left a few coppers in it—I know these two coins perfectly well—the brass penny—piece I saw after the doors were closed, when I took the silver out—I believe this French coin to be one which a boy brought to me about six o'clock on the evening of the robbery—he said I bad given it him in the morning—I did not recollect having it, I gave him another for it, and put it into the till—it was exactly like this—when I came next morning all the three tills were turned bottom upwards on the counter—I missed one piece of cheese"—I had cut a piece weighing three or four pounds into pieces, and when I shut up the shop I placed it together, and next morning I missed one piece—I examined this piece at the office, and felt quite satisfied it was from the same cheese—it may be from other parts of the same cheese, which have been sold—we had very probably sold some of that cheese in the course of the day.
Grogan. Q. That is not the piece of cheese that was taken from me; it
was not half that size; can you swear that is the same piece you saw first at the office? A. I cannot swear that—it is about the size, and it had the rind to it, which I matched to the other—the copper coin is exactly the same description as I had.
MARY ANN PORTER . I am the wife of James Porter, a policeman; I am employed at the station in Harcourt-street. I did not see the prisoners there—I was there on Thursday morning, the 30th of Oct., and in sweeping the dock I found this top of a pepper-castor, close by a cupboard.
Grogan. We were in the dock on the Wednesday morning; it is very strange it was not found till Thursday, if we put it there. Witness. I do not clean the station thoroughly every day—I did clean it thoroughly on the Thursday—I do not know whether there had been other prisoners in the dock between the time of the prisoners being there and my finding this.
SOLOMON HANNANT re-examined. I searched Burke—I found on him this penny-piece, among some dirt, in his trowsers' pocket—I searched all the three prisoners, and Grantham also searched Burke, when he was taken for the assault.
Mitchell's Defence. I was not in Steven-street at the time mentioned, neither was I guilty of the assault upon the man.
Grogaris Defence. I certainly was in the street; I live in the street; I was standing at my own door, drinking some beer, when the man that was taken for the assault came up and said he would fight any man in the street; I gave him a drink of beer, and said no one wanted to fight; with that he hit one of the females; Burke asked what he did that for, and he up with his hand and cut his lip; we then went to the coffee-shop, and the policeman came and took the other two; I followed them to the station, then went home, and went to bed; the sergeant came and said he wanted me for being concerned in this robbery; I said I knew nothing about it; he searched my place, but found nothing; the French halfpenny is my own; I have had it in my possession since last summer.
Burke's Defence. I was in Steven-street; the first time I saw Mitchell was at quarter-past three o'clock; I did not see him again till a quarter to two; I had been to the play, and was just coming out of George-street; I fetched a pot of beer; the man came by drunk; neither of us were much better; we asked him to drink, which he did; a young female said, "You had better stand a pot;" he gave her a smack in the face, and said, "I will fight ever a b----one of you;" I said, "Can you fight?" he said, "Yes;" we had several rounds; he fell, and I fell; I left him there; we went to the coffee-shop; we had not been there three minutes before the policeman called Mitchell out, and charged him and me with ill-using the man; I was searched at the station—about eight in the morning Mitchell was called out and searched, and a four penny-piece found on him; I was searched in the morning, and among some tobacco-dust was a four penny-piece; we were locked up again; down at the office I saw the sergeant with something in a hand-kerchief; I said to Grogan, "What is that?" the sergeant said, "You are charged with breaking into Mr. Clark's house;" and it was some cheese he had in the bundle; they would not take the evidence of the females, because they were prostitutes.
MITCHELL— GUILTY . Aged 23.
GROGAN— GUILTY . Aged 23.
BURKE— GUILTY . Aged 23.
Transported for Ten Years.
OLD COURT.—Saturday, November 29th, 1845.
Second Jury, before Edward Bullock, Esq.
NOT GUILTY .
Before Mr. Justice Coltman.
38. HENRY JAMES, JOHN BUSHELL, HENRY SMITH, FREDERICK MORRISON , and JAMES LOCKINGTON were indicted for burglariously breaking and entering the dwelling—house of Giles White, about eleven o'clock in the night of the 8th of Nov., at St. Pancras, with intent to steal, and stealing therein 1 pair of gloves, value 6d. the goods of William Mapp; 2 comforters, 1s., the goods of William Leech; 1 handkerchief, 4d., the goods of Richard Johnson; 3 groats, 3 shillings, and 3 pence; 4 pieces of glasses for magic lantern, 4d.; a thimble, 4d.; the goods of John Mylett;1 comforter, 6d. the goods of John Hamilton; 1 sixpence, and 2 halfpence, the monies of Henry Rose: and JOHN BRETT for feloniously inciting them to commit the said felony.—Other Counts, stating it to be the dwelling-house of Thomas Rhode and another, and of the overseers of the poor of the parish of St. Pancras.
MESSRS. PRENDERGAST and HOWARTH conducted the Prosecution.
THOMAS BIRD . I am surveyor to the parish of St. Pancras. I made this plan—it accurately represents a portion of the workhouse—the part called the school—house is a separate building—it joins, but has no communication with any other part—there is a room on the ground floor used as a dining hall—above that is a school—room and sleeping—room—there are separate apartments, for the use of the master, at the east end—there is an area, separated from the burial ground by a boundary wall, adjoining the school—westward is the shoemakers'and tailors' shop, and a yard before that—westward from the tailors' shop if a distinct building, called the oakum room, which consists of a ground floor and a floor above it—there is a yard behind that, and a wall continued from the area—the communication from the lower to the upper oakum rooms is by a step—ladder—there was formerly a communication outside, from the yard to the upper room, by a stone staircase—that has been remove and bricked up on the outside by a nine—inch wall—the yard is covered with iron bars behind the oakum room—persons getting out by that door could walk over the bars, which are nearly on a level with the upper floor of the oakum room—a per—son getting out by this door—way would be a very few inches above the bars—persons could pass along the wall—there is a stone landing, reaching from the area to the boundary wall—the boundary wall is about fifteen feet high from the bottom of the area, about six or seven feet above that landing—there is a flight of steps from the landing into the area—persons could pass from the oakum room door, which had been blocked up, over the iron railing down into the area very easily, by dropping on the stone landing—I saw the oakum room about a fortnight ago, and saw a hole which had been made through the door—way which had been bricked up, large enough for a person to pass through—the door itself had been fastened up, and bricked up outside besides—the hole was made through the part which had been bricked up, but I have not seen the in—terior—I saw the windows of the dining—room and the back area—it had been then refixed.
GILES WHITE . I am schoolmaster of St. Pancras workhouse—the school is a separate building entirely from the rest—I occupy a portion of the building, with my wife—we live on the ground—floor—the dining hall is on the
basement floor—there is an internal communication between the dining hall and the part which I occupy, and a staircase from one floor to the other, used by the boys in the school and by my family—on the night of the 8th of Nov. I slept there—I left the dining hall at seven o'clock—I do not know anything of that after that time—I went to bed at ten o'clock—everything appeared to be safe then—I got up next morning at half-past seven o'clock, and the children directed my attention to the dining hall—I found the window had been entirely removed, which looks into the area towards the wall—a person could get into the dining room very easily from the area through that window—I found a number of boxes belonging to the boys, which were usually kept in the dining room, moved outside into the area, as well as the window itself—they were all broken in pieces—they had been previously locked—the property belongs to the overseers of the parish.
James. Q. What portion of the dwelling-house was broken? A. The window was entirely taken out; the window itself was not broken, but taken out; it is a sash window.
SOPHIA CHAPPELL . I am a pauper in the house, and acted as servant to Mr. White. On the 8th of Nov. last I lived in the school-house—I went to bed a few minutes before ten o'clock—the premises were all secure—the dining hall was fastened and the windows all shut as they ought to be—I got up about half-past six in the morning—I found the window taken out when I went to the dining hall about seven o'clock, and the boxes taken out and broken open.
JAMES DAWSON . I was in the oakum room of the workhouse on the night of the 8th of Nov.—I went to bed about a quarter to eight o'clock, and the rest of them came to bed about eight o'clock, in a sleeping room above the oakum room—there were about twenty-eight in the oakum room that night—the prisoners were all there—at eight o'clock the fastenings of the room were all safe—you get into the sleeping-room by a trap door, which is fastened outside by a padlock underneath in the work-room—after it was supposed the foreman had left the building, Morrison procured a light by means of a lucifer with oil or something and a piece of cotton—James asked if there was any objection in their going to get some supper or something to eat—several of them said no—I do not know which it was particularly—Bushell and Morrison took a sash out of some of the windows, and commenced undoing some iron bars outside—they did not succeed, and one of the three said they would try the door—Brett, at the time, spoke, and said that in the boys' dining-hall they would find the boys' boxes on the shelf, and no doubt a trifle of money in them, and they would find a cupboard in the boys' hall which contained some knives, and with one of them they might open a cupboard containing provisions at the bottom of the passage, that there was a pair of steps outside the area, and they could go down and make an entrance into the boys' hall—after some time they got the door open, and commenced knocking away the brickwork—they made a hole sufficient to get through, and James, Bushell, and Smith got through the hole—others might have gone through, for, being short of oil, they were afraid it would not last long enough to have a light, and it was put out—they were absent I dare say twenty minutes or half an hour—one of them came through the hole first, and received a box which was handed through the hole—I saw a small bundle in Bushell's hand after he came back—I saw James, Bushell and Smith come in—the box was taken to the bed that Morrison slept in—it was opened, and I saw Bushell take some copper money out and put it in his cap—Morrison took a waistcoat in his hand, and I saw two pencil cases in his hand and some glasses of a magic lantern—I saw something brought from Morrison's bed and given to Brett, who slept with me, and he put it under his
bolster—James, Bushell, and Smith, after taking out what they wanted, agreed to take the box back again; and they all three took the box back out through the hole—about half an hour after, I heard them at the hole calling Morrison—I could not tell who called him—Morrison was then in bed—he pot up, dressed himself, and went out too—they were gone, about three quarters of an hour from the time they went through the hole' the second time—they all four then came back—Smith had on a waistcoat, which he said he brought from the boys' dining hall, and two comforters, a small hand-kerchief, and some other things—Bushell then counted some money, which he took out of his cap, which he took from his pocket—he said there was 3s. 8 1/2d. or 3 1/2d.—he came to my bed and offered me some, but what it was I do not know—I did not take it—he said them that had been most concerned in it would have 7d. each, and he would divide the rest as far as it would go—I did not see him give anything to Morrison, but Morrison was at the same bed when some of it was given to Smith and James—Smith complained that he had only 3 1/2d. and he was entitled to as much as the others, as he had had as much to do with it—this commenced at eight o'clock, and it had gone twelve before they got out of the room—it was about half-past two before they got to bed.
Bushell. Q. Did you see me come through with something black in my hand? A. It was a small dark bundle—I could not see what was in it—you took it to Morrison's bed—I did not see it opened.
Q. On Sunday morning, when you were asked by the foreman if you knew anything of the robbery, why not tell it, as you have now? A. There were two other persons who spoke about it, or else we might have spoken of it—they are not here—Maynard was one—they went up to Mr. Lee, the master—what they said to him, I do not know—there were twenty-eight of us in the room—some said they were asleep, and some said they did not want to be mixed up with it—it was not a solemn inquiry, and we did not take that care that we should—the person next to me was asked if he was asleep; and when I was asked, I said just so—as two persons had spoken about it, I supposed there would be enough—it was so short a time after we got up, there was not much time for consideration—I did not give an alarm when the robbery was going on, because my person would not have been safe, and I could not have been heard—the watchman is away from the building, and nobody but ourselves slept there, and I had no means of getting out.
Q. Why did not you, while we were gone through the hole, go out at the hole, and go to Henry Evans's place, and complain to him? A. I had no knowledge of the place, going out there in the dark, I should have run the risk of breaking my neck—I know people have rushed out of the door, and over that place when refused their discharge—I am not aware of the height of that place, and there are glass bottles—I did not instruct you to open the door—I saw the money in your hand, and you stated how much there was—I could tell it was money, by the jink and appearance—my bed was not far from it, and you had the light.
Smith. Q. What dress had I on? A. A dark-coloured waistcoat, which you said you had brought away from the boys' hall—you had it at Morrison's bed, and at your own bed—when you first came in you had it on, and I saw you take it off.
Morrison. I did not dress and go through the hole—I only had on my trowsers when the things were brought in through the hole—I went out at the hole afterwards. Witness. I saw you putting on your jacket after you got out of bed—I slept nearly opposite the hole.
Brett. Q. You say I told them how they could get up stairs. A. No, I did not—you said it was not likely they could get up stairs, as the doors were locked.
MR. PRENDERGAST. Q. Did you hear him say anything about sovereigns? A. He said there was an old gentleman up stairs who had got money, that he had seen him count out ten or twelve sovereigns; that he knew that by formerly being in the boys' school.
GEORGE DAVIS . I am a pauper, in the parish of St. Pancras. I slept above the oakum-room on the night of the 8th of Nov.—after going to bed I was awoke by the noise—I saw the door broken open, and saw James, Bushell, Smith, and Lockington, go out at the door—I am quite sure Lockington went out with the others—they returned in about three quarters of an hour with a box, which Bushell opened on my bed—Morrison slept in the same bed with me—they took out what it contained—Bushell sat on my bed, and counted some halfpence into a cap out of his hand—I do not know where he got them from—James, Bushell, and Smith, went out a second time, and after some time Morrison was called out of my bed, from the outside—I do not know who by—he then went out, and in about half an hour they all four came back—before they went out the first time, I heard Brett say that the headings of the first window of the school were loose, and they might be got out—I did not hear him say what they would find—the door had been broken open when I first awoke.
Bushell. Q. Why did not you make an alarm before? A. Because it was of no use, there was nobody could hear me—I gave an account of it on the Monday following—I was not asked about it on the Sunday—I was first asked about it on the Monday—I saw you count 3s. 8d. as near as I could judge—I do not know where you got it from, nor where you got the cap from—I saw you open the box with your hand.
Smith. Q. Did you see me come in? A. Yes—I did not see that you had a waistcoat on, or anything in your hands.
Morrison. Q. Were you out of bed at the time I went out at the door? A. No.
Lockington. Q. How could you see me go out of the hole when you slept behind it? A. I saw you go out with the others, as far as the door.
Brett. Q. Did you see anybody bring anything to my bed? A. No—I did not hear you tell them where they would find anything in the hall, nor that you had seen an old person count some sovereigns.
MR. HOWARTH. Q. You were asleep until the door was broken open? A. Yes.
HENRY LEARD . I was the first person that went into the school dining-room on Sunday morning, about a quarter past seven o'clock—I found my box in the area, I had left it on Saturday night under one of the tables—I missed a book from my box, which I have not found.
CHARLES DELANEY , (police-constable S 250.) I took James, Bushell, and Smith into custody, on the 9th of Nov. between nine and ten o'clock in the morning—I found 7 1/2d. in copper on James, on Bushell three sixpences, two 4d. pieces, and 6 1/2d. in copper, and nothing on Smith—I afterwards took Lockington, I found on him a comforter, marked No. 2, and 5 1/2d. in copper—the comforter was round his waist, under his clothes—I took Brett, but found nothing on him.
James. Q. What did you mean by saying there was a witness down at the station, that another person had sold us? A. I do not recollect anything of the sort—some of the prisoners used the word "sold" and I said yes, I dare say they had been sold—I was alluding to Dawson, who was coming to give evidence against them.
Bushell. Q. You said, "there is a man coming down who has sold you?" A. I deny that—they were speaking about being sold, and about a witness who was not bound over, about his reluctance in coming down—what I said was in reference to Dawson,
JAMES HERSEY (policeman.) On the 9th Nov. I saw Lockington taken in custody—they were all placed in the yard—I saw Lockington throw a medal, with a ribbon attached to it, over the wall of the workhouse—I saw it in his hand before he threw it over—another person went in that direction and rought back to me this medal, which has just the appearance of the one he had in his hand—I am certain it is the same—I produce it.
HENRY EMBERLEY (police-constable S 102.) I have a pair of stockings which I found in the centre bed over the oakum-room—the bed had been unsown, and the stockings put in—this clarionet I found over the wall in the burying-ground, outside the boundary-wall—I took Morrison in custody, and found on him 6d. in silver, and 1s. 4d. in copper.
Brett. Q. What time were you coming along the road, when I was taken into custody? A. About half-past two—I never said you were sold, nor that Dawson had sold you.
EDWARD SHAYLER (policeman.) I produce some articles, some of which I found in the water-closet attached to the oakum-shed—I searched the sleeping-room of the oakum-house, and in the bolster of James's bed I found these two handkerchiefs.
James, Q. On your oath, did you find them in my bed? A. It was described as your bed by the wards man and his assistant, Evans.
HENRY EVANS . I am superintendent of the ward—I was present when Shayler found these handkerchiefs, they were in the bolster of the bed Brett slept on—I saw a small dark cloth waistcoat and a comforter, marked No. I, found by Fleming in Smith's bed, among the flock—we have since found property in a bed which neither of the prisoner's slept in.
James. Q. will you swear they were in the bolster of my bed? A. Yes—I saw Shayler find them there, the bolster was on your bed—you might have changed it—I cannot swear you slept on that bolster that night—I recollect your coming to me and saying you wanted to go out, and if you did not get your discharge you would break out—I advised you to write up to the committee, or to send your name up to them—I believe you said you would not, that die master was empowered to discharge you on the Monday—I do not recollect your sending up to the committee to obtain your discharge—you wrote to the master to obtain it, and you were denied and detained—you wrote again on the Tuesday previous to the robbery, and said if you were detained much longer you would take an axe, or the first thing you could lay hold of, and effect your escape.
Bushell. Q. Did not you on the Sunday morning put down on a slate every individual's name, and ask them one by one, including Davis, whether they knew anything about the robbery? A. Yes, and they said no—I asked Davis the same question as the rest, and each denied all knowledge of the robbery—but the reason of their saying so was, they were afraid they would be molested if they spoke the truth—they said so afterwards—I never heard you make use of any threat of fobbing the parish or Mr. White—I do not know whether you had any money of your own, besides what you received for your work—you are paid for your work—I do not know whether you made two or three caps, or whether Rogers sold them to some man in the hall—you saw your wife while you were there—you were once denied seeing her, and you said if you were denied again you would break out of the door—you
wrote to the committee, asking them to put you on the roads—I was not present—I cannot recollect your saying they would not let you go—you might.
James. Q. Do you recollect going up one Sunday after the robbery for the dinner? A. I recollect fetching the dinner for those in the oakum-room—I saw Mr. Lee, the master—he gave me a message, that he understood Dawson had said he knew about the robbery, and he wished me to ask Dawson if he knew about it—I took him up to the master, and he made a statement of what he did know, and I said if anybody told anything against you they should be taken out of the oakum-room and placed in the men's hall—Dawson gave evidence about half or three-quarters of an hour afterwards—I was not present when Davis first gave evidence—I heard no evidence of his on Sunday—it was on Monday—he was taken out of the oakum-room—the master sent for him on the Monday while I was out—I suppose that was the first account he gave—he was in the oakum-room all day on Sunday—nobody came in to him to the best of my belief.
Bushell. Q. Are you aware that Davis for weeks before the robbery applied for his discharge, and also to go into the hall? A. He applied to be discharged, or to be taken into the men's hall—he might have had his discharge if he thought proper, but he wanted to be put in another part of the house—Mr. Lee said he would lay his case before the committee, what the result was J do not know—I am not aware that he had any answer from the committee—they did not say they would not let him out, nor yet into the hall—he would have more provisions in the hall than in the oakum-room, and he would have more air—you have applied for your discharge and had it, and have come in again.
Bushell. The last time I returned I was knocked down into a cell worse than Tothil-fields for forty-eight hours, and kept on bread and water, and when I came out my meat was stopped for a week, and I had three-quarters of a pound of bread a day; 1 was forced to force myself out, or I must have starved. Are you aware I asked for my discharge just before the robbery? Witness. You might, but your wife had laid in, and you could not be discharged until she was in a fit state to go.
Brett. Q. On the morning after the robbery did not you take down the name of every individual in the room 1 A. Yes, I had Dawson and Davis' names; I did not hear Davis say he went to sleep at eight o'clock; he said he knew nothing about the robbery; you said you went to sleep at the same time as Davis did.
JOHN FLEMING . I am gatekeeper at the workhouse—I had a worsted comforter, marked No. 1, and a dark cloth waistcoat—I found them in the centre bed in the sleeping-room over the oakum-room—it was Smith's bed—I found these glasses and this thimble in a bed not of either of the prisoners.
Bushell. Q. Did you find anything in my bed? A. No.
Morrison. Q. Did you search me? A. Yes.
Brett. Q. Did you search me? A. Yes—I found nothing on you.
JOHN MYLETT . I was sleeping in the school-house of the workhouse—when I got up on Sunday morning I found the box which I had left under the table in the back area broken open—I missed a magic lantern from it—there were glasses to it—I found the lantern in another boy's box, but the glasses were taken away, also a thimble and 3s. 3d. in copper out of William Mapps's box—it was my money—there were three four penny bits and 3s. 3d. in copper, making 4s. 3d. altogether—they were all in Mapps's box, and gone next morning—the thimble was in my box—these are the glasses of the magic lantern, and this is the thimble—my money was not marked—two four penny pieces have been found.
Bashell. Q. Can you swear to your money? A. No.
JOHN HAMILTON . I was one of the boys in the school of the workhouse—I missed out of a lad's box a comforter, two waistcoats, two handkerchiefs, a syringe, a chain, and tin box—this comforter and these two kerchiefs are mine—I know one of the handkerchiefs by "A Briscoe" on it, and the comforter, but not by any particular mark—I have had it about eight months—I wore it in the winter—this waistcoat produced by Fleming is the one which I lost—I have no particular mark on it—I have had it about three weeks—I know it by the colour.
WILLIAM LEEPCH . On Sunday morning when I came down, I found the things disturbed in my box, and some one—I have since seen two come forters which I lost—the medal produced is mine, and was in my box—these comforters produced by Evans, are mine—I bought one of them last Christmas—they have eight tassels—I tied two together when I bought them, and here are two tied together now in the same knot—I know the other comforter by two or three holes in it,
Lockington. I bought the comforter of a man for 6d. one morning, and the holes I made in it myself on the Monday morning, as the policeman tied it round my hands to take me to the Court. Witness. There are two holes—they were in it before I lost it.
ROBERT JOHNSON . I am one of the boys in the workhouse-school. On the Sunday morning I missed two handkerchiefs, a bag, and a tin-box—this is one of the handkerchiefs—(produced by Shayler) I have no particular mark on it—I have had it three months—I know it by the colour—it is dark white.
James's Defence. I was an inmate of the workhouse—I was admitted about the 28th of Oct.—I was not allowed all the while I was in the oakum-room to go out—I told Evans the night I came in, that I wished to go out again, and if I was refused to go out, as I had been when there before, certainly should effect my escape, and break all before me—I told him to write my name down as having applied to be discharged—he did so, and brought an answer that the committee would not see me, and I was not to go out—I remained until the Monday after, and then sent up to Mr. Lee for my discharge—he said I should not go out—I sent up again on the Tuesday, and he said I should not go out—I said repeatedly to the other inmates, that if I was hindered in my discharge, I certainly would make an effort with the axe or anything to break down all before me, and escape; I sent up on the following Friday to the committee; I was not allowed to see them or to leave the room; I said I would wait until Saturday evening, as we had a few halfpence to receive for our work, and then we broke out of the room, got into the burial-ground, and effected our escape, through the ill-treatment we received there, which was eleven days; I only had four ounces of meat, and was starved there, and was determined to effect my escape; me, Bushell, and Smith, took some nails out of the door; I opened it by the instruction of Dawson, who told us to try the top of the door; we displaced part of the brick-work; there were two bricks outside the doorway; we took them out; we had to go over a large wall; I, Bushell, and Smith, went out; as we were going along the wall, we saw something on the wall; and as we thought, two men running across the burial-ground; we watched them about a quarter of
an hour, then returned back into the oakum-room, and stated what we had seen to all the men; we were all alarmed; and 1 said I was afraid to go away then, and I would not go; there was no light in the room; we went to the further end of the room, and communicated what we had seen to two men in the room; they persuaded us to stop, and not go out; 1 said I would stop, and went to my bed to lie down, but in going towards the bed, I passed a box in the room, but who brought it there I cannot say; I was surrounded by several of the men who were rummaging the things about in the box, but where the box went to afterwards I cannot say; I did not meddle with it, and never touched anything in it; after that we went out to see if we could see anybody in the burial-ground; we were outside about half an hour, but we heard nothing, and returned again and went to bed.
The prisoner Bushell made a defence to the same effect, stating that he was not allowed to see his wife, and being half-starved, and refused his discharge, he was induced to attempt to escape; he also stated that the witness Davis was induced to swear falsely against them, in hopes of obtaining better treatment; and that he had frequently said he had taken false oaths, and thought it no sin.
Smith's Defence. I sent up for my discharge, but could not get it; and I said I would run away; I helped to get the door open, and got out; I saw the two men running across the burial-ground, and turned back again, and went to bed.
Morrison's Defence. They asked me to try to open the door; I did so, but I did not get the light; they always have a light to smoke with; when they went out I went to bed, and the light was put out; I did not go out; a box was shoved through the hole; I turned over on my bed, and several men came round it; it is impossible to say who broke it open, but it was taken out at the hole again; 1 cannot say who by; I got into bed again, and about a quarter of an hour after somebody called me by name; I said, "I am not going out there;" the men in the place said, "Why don't you go out, perhaps one of them have fallen off the wall, and hurt themselves?" Dawson said I had better go out, and 1 just put my head out; the men came back, and said,
"We won't run away," and they went to bed.
Lockington's Defence. The comforter is mine.
Bretts Defence. I went to bed; Dawson questioned me about the school, and asked me about the boxes: "are they allowed to keep boxes? are they made in the house?" and so on; I answered him some questions; he said, "Well, you may turn snappish," as I would not answer him; I said nothing to the other prisoners at all.
NOT GUILTY .
MR. HUDDLESTON conducted the Prosecution.
FLORENCE HURLEY . I am as later, and live at No, 27, Dorset-street, Newington causeway. On Sunday night, the 9th of Nov., I was returning home through Bath-street, City-road, about a quarter to ten, and met the prisoner coming towards me—I was on the pavement, and so was he—we ran up against each other—I asked him if there was not room enough for him to pass—he made use of some word, I forget what at present, and I shoved
him into the road and passed on—he followed me about 200 yards, and challenged me to fight—I accepted the challenge—we squared up to each other—I hit him two or three times, and he hit me on the breast—I then went away from him down New-street, 400 or 500 yards—I saw him coming after me—he was singing out" Police," and said he would follow me wherever I went—I asked him what he was following me for—I said he should not follow me, and I went back to him again—I saw him take something out of his pocket, which seemed to me to be a knife—I went up to him, and he said if I came near him I should have the contents of this—I wm going to strike him, and he was going to strike; seeing the blow coming, I put up my hand, and received a cut on my left hand—it bled—there were a good many people there—I did not see what became of the knife—the police came up, and he then said he wanted to give me in charge for bitting him—the police took him in charge—I went to the hospital, and was attended by Mr. Remnant.
Cross-examined by MR. DOANE. Q. You knew nothing of each other? A. No—we ran against each other accidentally—I said there was plenty of room, and shoved him into the road—I did not knock his hat off then—the first blow I gave him knocked his hat off—after I had struck him three times he began to call for the police—I did not like that, and said I would not have him follow me—he retreated as I went towards him—he said if I came near him again I should have the contents of this—I did go near him—my wound is not serious—I have no wish to press against him—I told the Magistrate so.
WILLIAM WILLIAMS . I was in Bath-street, and I saw the prosecutor and prisoner—I saw the prosecutor strike the prisoner—I did not see the prisoner return the blow—the prosecutor struck him again, and then knocked his hat off—the prosecutor then walked on, and the prisoner followed him, and said he would follow him wherever he went—they went some distance, and the prosecutor struck him again—the prisoner said, if he did not keep back he would give him the contents of this—I saw a knife in his hand—he struck the prosecutor with it on his hand, and then chucked it away—it was a penknife, I think—the point was down.
Cross-examined. Q. It was a small knife? A. Yes—the prisoner called out "Police" after the prosecutor struck him—when he turned back on the prisoner, the prisoner stepped back, and the prosecutor followed him.
SAMUEL JAMES REMNANT . I am a surgeon. I attended the prosecutor—he had a superficial incised wound—I put sticking-plaster to it—it was not at all dangerous—it might have been inflicted by a penknife.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
HENRY TYNE . I am a labourer, and live at Parson's-green, Fulham. On Monday afternoon, the 21st of July, I was under the sewer at work, getting timber out—I went from there to the Colville Arms public-house to have a pot of beer—it was about twenty minutes to six o'clock—I had only had one pint of beer that day—I was perfectly sober—I found the prisoner at the house—he was a little the worse for liquor—when I went in he asked if I would set-to with him for a pot of beer, meaning fight him—I said no, I would not—he came up to me, turned back from me, took a quart pot off the table which contained the beer, threw the beer under the table, and gave me a severe
blow on the head with the pot—I had not struck him—the blow cut my head nearly two inches, and locked me under the table; and while I was under the table he gave me a kick in the eye, which cut the flesh and skin of my eye—it bled very little—I bled from the cut in the head—there were four or five of us in the house—we went in one at a time—after I was knocked down, Foreman came to my assistance—he came to take me up, but did not, as he was knocked down by the prisoner—there were from ten to twelve of them there—I was taken to the hospital in Mr. Pye's cart—I had my head dressed, and did not stop in the hospital—I was stunned with the blow—I was a fortnight without doing anything afterwards—I am certain I did not begin the attack.
Cross-examined by MR. DOANE. Q. Is there any doctor here? A. No—I had seen the prisoner before—he had been at work setting plates in timber for the sawyer—I am what is called a mammy—the prisoner is a carpenter—all my friends, the witnesses, are mammy men—I was not in the public-house a minute before I received the blow—the instant I went in he challenged me to fight—I declined, and he gave me a crack on the head with the quart pot—there was a general row at the latter end—I did not challenge the prisoner to fight—I saw him picked up in the street helpless—after I got up I struck him—I did the best I could with him, and struck him as hard as could.
MR. ROBINSON. Q. Did you do more than was necessary to defend yourself? A. No—he continued to attack me after I got up, before I attacked him.
JAMES FOREMAN . I am a navigator, and live in Wellesley-grove—on Monday, the 21st of July, I was at the Colville Arms, about twenty minutes to six o'clock—I followed Tyne in—I heard the prisoner say he should wish to set too with Tyne—Tyne did not want to do it—he was sober, but the prisoner was not—Tyne did not agree to fight him—he knocked Tyne down with his hand on the head—that was all I saw him knocked down with, with his fist or hand, and he kicked him in the eye—I did not see a quart pot in the prisoner's hand when he knocked Tyne down, but he had a quart pot when he cut my head—I went up and said, "Is this a manly action?" and the prisoner gave me this blow on the side of my head with a pot—I was knocked down to the ground, and was a little stunned—in a few minutes I got up and fought with the prisoner—sometimes he was up, and sometimes I was up—I was at last defeated—I could not stand any longer from the loss of blood from my head—I got another cut from another man, and was taken away in a cart to the hospital—I am certain Tyne did not make the first attack on the prisoner—he did what was necessary to defend himself.
Cross-examined. Q. There was a general row, was there not? A. Yes, when all got fighting together—I did not particularly fight with the prisoners, or he with me, but I happened to get rather the worst of it.
JESSE TAYLOR . I am a navigator, and live at Chelsea. On Monday, the 21st of July, I went with Tyne and Foreman to the Colville Arms—I was the fourth man that entered the house—I called for a pot of beer—I walked to the tap-room door and saw Tyne down on the ground—I went to his assistance, and was knocked down by the prisoner with a quart pot, and kicked severely on the shoulders—I did not see the rest of the fight—I was knocked out of the tap-room—I saw Richard Mills and the pot-boy taking a carpenter's axe out of the prisoner's hand after I was outside.
Cross-examined. Q. Is Mills here? A. No, he is a nammy,
I got a cart and tent them to the hospital—a warrant was out against the prisoner, but he was not found.
MR. DAONE called
LAURENCE BROWN . I was present at the Colville Arms when the fight took place between the nammys and these men—I was in the house before the excavators came in—I saw Tyne come in—the prisoner was there—the excavators came in first and had some beer—one went out, and in a quarter of an hour's time the prosecutor came in and said he would spar any man for half-a-gallon, or half a something—the prisoner said he would spar him—they faced each other and sparred up to each other—they did not strike each other at that time—Tyne then sparred and stumbled the prisoner pulbic hand to his shoulder and threw him down, and with that Foreman came up and hit the prisoner—I saw no more, for I got my leg broken, and was disabled—I am lame now—I got hart at a job I was at work at—I did not get hurt that night—when the row began, being lame, I went out of the room.
MR. ROBINSON. Q. How long had you been at the house? A. Three quarters of an hour—we had four pots of beer among four of us, and I had pint about an hour before that—I was sober—I did not strike any of them—my leg was broken nineteen months ago—I am quite sure Tyne was the first to challenge the other—he did not strike till the prisoner put his hand on bit shoulder and threw him down—he did not knock him down with a quart pot—both parties fought with quart pots afterwards, and both sides were tipsy—Tyne was tipsy—I am an Irishman—I have been twelve years in this country—I am a labourer.
MORRIS TRACEY . I am a labourer. I was at the Colviile Arms, but not at the beginning of it. I saw a great row and fighting with quart pets—the prisoner was knocked down by seven or eight—I saw him knocked down in the street, outside the house.
MR. ROBINSON. Q. Did you see Brown there? A. No, I do not know him.
NOT GUILTY .
OLD COURT.—Monday, December 1st 1845.
First Jury, before Mr. Recorder.
42. WILLIAM CARNEY, BENJAMIN BARNETT , and the said WILLIAM LEWIS , were indicted for feloniously cutting and wound it if Edward Burgess upon his nose, left temple and neck, with intent to disfigure him:—2nd Count, stating their intent to be to do him some grievous bodily harm; and that Carney bad been before convicted of felony.
MESSRS BODKIN. and CLARK conducted the Prosecution.,
EDWARD BURGESS (police-constable H 198.) On Thursday evening, the 13th of Nov. about half-past eight o'clock, I was on duty in the Whitechapel-road—I saw a horse and cart drive up to the King's Arms publkshoase, witk two parties in it who I knew to be the associates of thieves—one of them, named Myers, I had in custody about two years ago—I did not know the other man's name, but I knew his person—in consequence of seeing this cart I called Bray, a brother constable, and told him to take charge of the horse and cart, while I went into the public-house—the two persons dismounted from the cart and went into the public-house—I was about four or five yards from the
cart at that time—I saw in the cart a truss of hay, a bundle of straw, and a sack containing something, I do not know what—a person they call Ratty came out of the public-house—I knew him to be the associate of thieves—he took hold of the horse by the head—I then went into the public-house, and saw a great number of persons there, from fourteen to twenty, but I did not see the two that had been in the cart—I knew a great number of them by sight, in fact I knew them all, though not by name, but they are all always in company with thieves, a regular gang of them—I then came out of the house and said, "Bray, we must take this horse and cart to the station"—I then took hold of the horse, and Bray also—Bray was standing at the horse's head at the time I came out—he had a view of the contents of the cart—when we took hold of the horse's head from fourteen to twenty persons rushed out of the public-house, and surrounded us—they called out "Don't let the b----s take it"—Myers, and the other man whose name I do not know, but whom I had seen at first, got into the cart—I saw him come out of the house—Myers drove it away—Carney made an attempt to get up, he got on the step but came down again—several of them said, "Whip their b----hands off; cut their be hands off"—I saw all the three prisoners—Barnett said tome," Mr. Burgess, let the horse and cart go, it belongs to him," pointing to Myers, who was in the cart—I knew Barnett before—I said, "I shan't let the horse and cart go, it roust go to the station"—several of them cried out, Don't let it go, don't let them take it"—Carney said, "Won't you let it go T—at the time I saw Lewis close by Carney, at the side of the cart—I was standing close by the horse's head—I had hold of it—Lewis struck me twice or three times in the breast with his fist, not very severely, it did not hurt me much—I continued hold of the horse, and shortly after Carney gave me a blow across the face with a pen-knife—it cut part of my nose off and left it hanging down—I could see the blade of the knife—he gave me a second blow on the left temple, and cut me severely—it bled very much—he also gave me a slight cut in the neck, but not much—I think that was from another blow—I cannot say whether received three blows—I found this slight cut in the neck when I got to the hospital—I was taken away by two men to a doctor's shop and got the wounds dressed—I should say Lewis was standing by me for about ten minutes or better—he was close by Carney at the time I was taken away—I should say he was there at the time the cuts were given, I saw him—he had on a brown coat—the second cut was immediately after the first—as soon as he struck the first, he came back and gave me the second—it was done all in a second—I have known Barnett about three or four years—I have seen him frequently during that period—I think to the best of my knowledge he had on a brown Taglioni coat on this occasion—I have been well acquainted with him, and seen him very often—I have known Carney about twelve months—I have seen him frequently, and have frequently seen him in the King's Arms—I have known Lewis I should say better than twelve months—I have seen him frequently up and down Whitechapel—I have not the least doubt of the persons at any of the prisoners—I was ten days in the hospital, and am an out-patient at present.
Carney. Q. Where abouts did you meet the horse and cart? A. At the King's Arms—I saw it drive up to the door—I cannot say that I saw you come out of the house—I went and took hold of the horse's head, and then I saw you—I am quite sure you had a knife in your hand—I saw the blade—I did not see the handle—it was a large-sized penknife—I did not see you draw it—you were standing close by me, you and Lewis—I was holding the horse with my right hand when I was struck—I was struck before I was stabbed—I turned round to sec the person that struck me—it was not then
I was stabbed—it was when I turned round again—I am sure you are the person that stabbed me—I became insensible after two stabs, and two men took me to the doctor's—they are not here—I suppose there were from 400 to 500 persons round at the time—the street was filled with people—I called for assistance, but no one came to assist me—there were too many of your party there, and the people were frightened to come—I do not suppose any respectable shopkeeper would venture to come forward, there was such a desperate lot—I drew my staff—I had no opportunity of using it, you took good care of that—I bad it out nearly all the time—I struck no one with it, I could not get an opportunity, you prevented me—I was some time at the horse's else that I know of—I suppose I was from twenty minutes to half an hour at the horse's head—I did not remain a moment after. I was stabbed—it was not you alone that assaulted us, it was all your gang; you had got, I suppose, about twenty to assist you, while we only had our two selves—I saw you in conversation with the others inside the house, not outside.
Cross-examined by MR. PAYNE. Q. When the persons said, "Whip their b----hands off," they also said, "Whip the horse," did not they? A. Yes—I am quite sure Barnett was there—he spoke to ice—I cannot say he was there when I was cut—he was on the kerb-stone when he spoke to me.
COURT. Q. Was Lewis there when you were cut? A. He was, close to Carney.
Lewis. Q. When you came into the public-house, what part was I in? A. I did not take notice; I did not delay a moment inside; you might hare been in the parlour—I had my staff drawn when you struck me—I could, not get an opportunity to strike you, or to use my staff, because you all pressed too tightly on me.
JOSEPH BRAY (police-constable H 43.) I was called by Burgess, in front of the King's Arms, White-chapel-road, about half-past eight o'clock on the night in question—I saw a horse and cart at the door—there was no one in it when I came up—Carney was standing by it—Burgess went into the house—he might be gone a minute and a half, or two minutes, before he came back—I saw on the top of the cart some hay, a bundle of straw, and a sack full of something, but the bed of the cart was full underneath the straw—I knew Carney before—when Burgess came out he said, "Bray, we must take this horse and cart round to Spital fields station"—Burgess and I took hold of the horse for the purpose of doing so—we were in the act of turning the horse's head round, when Carney seized horse of it—we had not succeeded in turning it round—about fifteen or twenty persons came out of the King's Arms at the time—that was while Carney had hold of the horse—we all three had hold of it—among those who came out I noticed Lewis, and several more not yet in custody—I did not see Barnett at that time—there were cries of" Cut their b----hands off don't let them take it"—that was repeated more than once or twice—I cannot say whether any expressions of that kind were used by either of the prisoners—whilst I, Carney, and Burgess were at the horse's head, I saw Lewis come off the pavement—he was the second that took hold of Burgess and me, and likewise of the horse's head—he struck me two or three tires—I had then hold of the horse's head at the off side—I saw him strike Burgess in the breast more than two or three times—Burgess at that time had hold of the horse's head at the near side—I heard some one say to Burgess, "Let go the horse; it belongs to the person in the cart;" but who said that I cannot say—I did not notice Burgess cut by anybody—after Lewis struck me I still kept hold of the horse's head—I was on the opposite side to Burgess, but
at times we were both in front by being pushed about so—Carney was on the near side, the same side as Burgess—I did not notice Burgess after he was cut—while I was standing at the horse's head I was struck a severe blow from behind, between the shoulders, like from a stick or some heavy instrument, and directly after that I missed Burgess from the horse's head—about a minute or two before I missed Burgess I saw Carney take a knife from his right hand side, and open it with his left hand—about a minute or two after receiving the blow between the shoulders, Barnett came from behind the cart, and struck me in the left ear—I was not aware when at the police-court that my hat was cut as it is—had it not been for my hat I should have received a more severe blow—my hat is cut right round—it was done with a stick or a life-preserver, I cannot say which; but I saw Barnett come from the tail-part of the cart with something in his hand a foot or eighteen inches long, and be struck me with that—I have known him about three years—I am positive he is the man that struck me that blow—I have not the least doubt of it—it disabled me from holding the hone—I was knocked right away from the horse—it cut me very dangerously—I was carried to the doctor's, from the doctor's to the station, and from there to die hospital, where I remained nine days—my ear was cut from the blow—it was sewn up when I got to the hospital—two of the persons that came up, got into the cart, and succeeded in driving it off—I was in my uniform, on duty—Burgess had his private coat on—he is in the habit of being out in plain clothes, but they all knew him—I had my staff out part of the time—I took it out when I received the blow between the shoulders—Burgess had his staff hanging on his arm, and I saw Carney lay hold of it and try to get it from him—I have been into this public-house several times—I was never in the back place, never further than the bar—about half-past ten that night I was fetched from where I reside, to go down to the station to charge Barnett, who had been taken into custody by a sergeant—I saw him at the station in custody—my ear had not been sewn up then—I was taken to the hospital afterwards—some lotions had been applied to it, to stop the bleeding.
Carney. Q. Whereabouts were you when you saw me draw the knife? A. I had hold of the horse on the off-side, standing rather before the horse—I was holding the rein with my left hand—I was at the horse's head, but I could see round to Burgess's side—you were not behind him, but on his right side—Burgess was between you and me—I could see you take out the knife, and open it—the horse and cart had been moved into the middle of the road then—it was not very dark—the lamps from the turnpike showed a light—the cart might be half-a-dozen or a dozen yards from the turnpike then—I distinctly saw you take the knife from your right side, and open it with your left hand—I did not see you use it—I did not see Burgess stabbed—I saw you strike him with your hand when you reached across to take hold of the horse's head—that was almost at the commencement of it—I missed Burgess it might be a minute and a-half, or two minutes after I saw you draw the knife.
Cross-examined. Q. Where was the cart at the time you received the blow? A. It had then got into the middle of the road, perhaps ten or twelve yards from the King's Arms—when it commenced it was about two yards from the front of the King's Arms—Union-street is the first street past Whitechapel church—the King's Arms is on the left, and Union-street on the right—the King's Arms is about twenty or thirty yards further down the road—I had hold of the horse's head with my left hand at the time I received the blow behind—I was looking towards the horse and cart, not leading the horse along—we were stopped with it—I did not see who struck me the blow behind—that was the first blow I received—it was Barnett that struck me
between the shoulders, that could not have been with the fitt—in addition to that blow, I received the cut in the ear—that was from Barnett—I did to hear him deny having struck me that blow—I did not hear him say anything at the station—I was merely brought there to identify him, and then taken away.
Lewis. Q. Did I have hold of the horse's head when I struck you? A. Yes, you did not let go of the horse's head to come round and strike me—you were rather at the near side of the horse's head, but when you first seized the horse you were in the middle of us—Burgess and me, you and Carney, all four had hold of the reins at the same time—you struck Burgess first, two or three times, and then me three or four times—I believe Burgess had his staff drawn—I had not mine drawn then.
COURT. Q. Were you and Burgess endeavouring to retain possession of the horse? A. Yes—instead of resisting by blows, our object was to keep the horse.
MR. BODKIN. Q. Did you notice anything particular about the person or dress of Barnett, that night? A. Yes, the coat he had on then was a brown coat, Sergeant Or am has it, and I noticed to guard-chain about his person—it came out of some part of his waistcoat to the pocket—it appealed like a gold chain—I had noticed him wearing that same chain for some time.
EDWARD ORAM (police-sergeant H 18.) In consequence of information received, I took Barnett into custody on the 13th of Nov., about ten o'clock in the evening, near the King's Arms, White-chapel-road—he had on a dark velveteen coat—he had this gold guard-chain round his neck, attached to a watch in the usual way—I said, "Barnett, I want you"—he said something which I did not distinctly hear—on his way to the station he turned his head towards me, and said, "It was you took hold of me, 18, I will make you suffer for this"—I told him he was in Custody for the assault on the constable—he said, "You need not tell me that I know what it is for; I can prove where I was at the time".
Cross-examined. Q. Did you go to his house? A. No—I believe Inspector Done again went about the coat—I did not go with him—I have the coat.
MR. CLARK. Q. What coat is it? A. A brown coat—it was delivered up to me at the station this morning, as the one Done again brought from the house—I received it from the sergeant on duty at the station to which Baroett was taken, in the inspector's room.
GEORGE TREW (City police-constable. No. 26.) In consequence of instructions I received, I apprehended Carney on the evening of the 15th of Nov. at the corner of Liverpool-street, Bishops-gate-street—he was along with several others—I had only been looking for him that evening—I took him to the station, and told him he was charged with cutting and wounding a policeman named Burgess, up in White-chapel, on Thursday evening last—he said, "I can prove that I was not in London; I was in the country from Monday night last till Friday night, and on Thursday night 1 was thirty miles from London."
Carney. Q. Do you recollect what part of the country I told you I was in.? A. You did not name any part—you did not name Stoney Stratford, nor say from forty-nine to fifty miles—you said thirty miles as plain as you could speak—when I first took you I told you I wanted a gentleman to look at you, about a little spaniel dog—you said if that was the case you would go along with me—I searched you at the station, and found 103. 6rf. on you—I took you to Spitalfields station—I did not bring Conway, a policeman, to identify you—he was not present at the time of the assault—I asked you whether you would be locked up, or go to the London Hospital and see
Burgess—you said you would go to the hospital, and paid for a cab there—I did not step into the ward before you, and say, "You roust not walk into the room; you will disturb the patients"—you walked in along with me.
Carney. I asked you whether you would not disturb the patients as well as me; and you said you could walk much lighter in consequence of my having heavy boots and you light ones; you and Conway went up to Burgess's bedside; I was kept five or six yards away, and what passed between you I do not know, only you said, "Burgess, I have Carney in charge;" as much as to say, "I have got a person in charge whom you must swear to." Witness. It is false—before either of us spoke Burgess saw you, and jumped out of bed, saying, "You murdering villain," or hound," or something like that—I was behind you—I did not say I had you in custody—I never mentioned your name—I did not walk up to the bedside and say you would disturb the patients—I admit telling you I wanted a gentleman to look at you—I had a reason for doing so, for you were along with a gang of notorious thieves—I said that to get you out of their company, and I would not tell you the charge till I got you to the station.
MR. BODKIN. Q. Had you any communication with Burgess from the time this occurred till you took Carney into custody? A. No, I had never seen him—I took Carney into custody from a description given of him by others—Conway is a metropolitan constable—he was not in White-chapel on the night in question—we all three went to the hospital together for the purpose of seeing Burgess—I did not make the least insinuation or communication to Burgess before Carney was shown to him—as soon as he recognised him he jumped out of bed.
MR. PAYNE. Q. Were you once in the H division? A. Yes—I have known Barnett eight or nine years—I always found him a quiet, peaceable, humane man—I never heard anything in this way of him before.
MR. BODKIN. Q. In what way of life is he? A. I have been in the habit of seeing him standing about Petticoat-lane—I do not know how he got his living.
COURT. Q. What do you know about his humane disposition? A. have been in the habit of seeing him daily, and never heard of his being in any row or disturbance before.
DAVID HUDSON (City police-constable, No. 583.) I took Lewis into custody on Monday evening last, the 24th of Nov.—I saw him coming along, with a box of tea on his shoulders, in Fenchurch-street—I did not take him on this charge.
HENRY SHEARLEY SAUNDERS . I am one of the dressers at the London hospital—on Thursday evening, the 13th of Nov., Burgess was brought there about half-past ten o'clock—the right wing of his nose was entirely divided, likewise the cartilage, and he had a small punctured wound on the left temple—he was in a very weak state from loss of blood—in a state of insensibility—I have no doubt the wounds were inflicted with a cutting instrument—it was a clean cut—he suffered evidently from loss of blood.
Carney. Q. Was he brought there by anybody? A. By a policeman—a pen-knife would cause such wounds—I have not the slightest doubt of that.
Carney's Defence. I am innocent of the offence I stand here accused of; had I been guilty I certainly should not have remained in London, or have walked through the public streets as 1 did; 1 know nothing of it, and was not in London at the time it took place.
Lewis's Defence. I hope you will take my case into consideration; I am an innocent man; does it stand to reason that if a little man like me was
between two officers they would allow me to strike them, when they had. their staves in their hands, without seizing me or making some defence in their own behalf? I was never in the mob; I never had hold of the horse's reins at all, and was not near them at the time it took place.
MR. PAYNE called the following witnesses:
GEORGE ROSE . I work for Mr. Ezekiel Baker, a gun-maker, in Whitechapel-road, and live at No. 16, Three Colt-street, Old Ford—I was in the crowd on the evening in question, the 13th of Nov. I think, when this matter happened—it was from half-past eight to nine o'clock—I saw the officers, Bray more particularly, who was at the head of the cart—I saw blows struck by persons who were at the head of the cart—I saw a man in a brown coat—he seemed to be the most active in the mob—I saw Bray directly after he was struck—I was close by him when he was struck—he stumbled over me, and another person caught him by the side of me—I know Barnett by seeing him in the King's Arms and about there, and I have spoken to him several times—I did not see who it was that struck Bray—I did not see Barnett there—can swear he was not close to Bray at the time—I did not see him—I did not see him at all that evening—the man in the brown coat was flourishing his an about, and was at the head of the horse—that man was not Barnett, I am certain—I do not know the name of that man—he seemed to me to have rather a thin face and light brown whiskers—I was not looking more particularly at him than any one else—he being the most active, attracted my attention—I cannot say that I saw either Carney or Lewis—I cannot say I did not
COURT. Q. You could not see either of the three prisoners where you stood? A. No, I could not—I have been in Mr. Baker's employ three years and a half or four years—I did not come out of the public-house—I was not in there—there was a man in the cart, with a jacket and cap on—I did not know him—that was the only person I saw in the cart.
MARK SPITTLE . I live in Raven-street. I am a gun-maker, in the employ of Mr. Baker, in White-chapel—he has from forty to fifty men working for him—I have seen Burgess, and I know Barnett—I remember the cart being stopped by Burgess and Bray on the night in question—I saw Barnett that night, I should say from a quarter past eight o'clock till a quarter to ten, in the King's And in front of the bar—he had on a black velvet shooting jacket, with horn buttons—I left the King's Arms at a quarter to ten—he was there till that time—I do not say positively for every minute—he had not a brown coat on—Burgess came in while Barnett and I were at the bar, and went out again—Barnett followed by his side, or close to him, saying the horse and cart belonged to a I person of the name of Myers—I do not know who was in the cart—I never saw the cart—I heard Barnett say the horse and cart was all right, it belonged to Myers—that was as he was going out—Barnett was not outside the house two minutes at that time—I will swear that—my wife was inside, standing at the bar—she was saying to Barnett, "Why don't you look after a house for us?" when Burgess came in, shook hands with us, and went into the tap-room—Barnett followed him—he came out again, and my wife asked Burgess to drink—he said, "Business must be done first"—Barnett was then at the back of Burgess, and he said, "You may depend on it the horse and cart is all right, it belongs to Myers."
MR. BODKIN. Q. Did you ever keep the King's Arms? A. No—my wife did, prior to my marrying her—her name was Deval—she had left the house nearly a month before I married her—I do not remember any conversation taking place in the presence of the police-sergeant about this matter since it occurred—we had some conversation with Burgess last week in front of this court—my wife did not say to the sergeant or Burgess, in my presence, "He"
(meaning me,) "knows nothing about it, except what I told him"—I have seen Oram—my wife never said that in his presence—nothing of the sort ever happened—I went into the King's Arms about a quarter past eight o'clock—I was in front of the bar—I did not sit down—I was standing all the time—my wife sat down part of the time, I should expect in front of the bar—we had a glass or two of stout—there might be a score or more of persons sitting in front of the bar—I might know some few of them—Watts was there, and Clark, a shop mate of mine—I do not know what Watts is—I do not remember two men coming in out of a cart, neither did I know anything about the cart till Burgess came in, and Barnett was standing by the side of me and my wife in conversation, when Burgess came in—Burgess and Barnett were in conversation, and they went together through the passage into the tap-room—Barnett did not follow Burgess into the tap-room—he only went to the door and came back with Barnett, when Barnett said, "It is all right, the cart belongs to Myers"—both Burgess and Barnett were inside the house when that was said—the only time Barnett went outside was with the parties belonging to the cart going to the door after Burgess; and as soon as they were out Barnett was inside again, and I never missed him afterwards—he was only out to admit of the others going out, and then he was in again—all I heard him say was, that the cart belonged to Myers—I am sure he mentioned the name of Myers—his words were, "Mr. Burgess, the horse and cart is all right, it belongs to Myers"—at I that time Burgess had not got hold of the horse or the cart either—I live now at No. 32, Raven-street—I had seen Barnett many times before in the velveteen coat and horn buttons—I swear that he had it on that night—I never went outside the house till a quarter to ten o'clock, no more than going to the door when the thing was over, and a quantity of people were collected by White-chapel church, I mean, when I heard there had been this depredation committed on the police—I saw Carney that night in the King's Arms, after I the noise was over—I do not recollect seeing him before—I did not see him come into the King's Arms.
Q. On your oath, did not Carney, when He came into the public-house, say, "We have killed that by—Burgess V A, I did not hear him say it—I swear that—I and my wife were in the same part of the house—after Carney came in, she called me, and said, "Did you bear that?"—I said, "What?" and she said, "They have done for Burgess"—with that I went to the door, and looked round the street, and there was a crowd of 300 or 400 people, fifty or sixty yards from the King's Arms—the bar is from six to seven yards from the street-door—you go straight up to the bar—there is no passage—it faces you directly you go in.
MR. PAYNE. Q. How long have you worked for Mr. Baker? A. Two years within a few days—before that I worked for Mr. Field, a gun-maker, of Chambers-street, for three years, and that is as long as I have been in London—I did not hear Barnett say anything after he went outside—I should Bay he was not gone out long enough to have spoken to Burgess at the head of the cart—what I heard him say was inside—I do not know what he said when outside.
COURT. Q. You say he was only absent time enough to let the others pass? A. Yes, for as the last went out he came in—I did not say he was two minutes doing that—I cannot say the time—the men went out as fast as they could, and he came in as the last went out—I should say two minutes never elapsed from the time he went out.
there first about a quarter past eight o'clock—he had on a black velveteen coat—he was not dressed in a brown Taglioni—it was a common coat with pockets at the side—a Taglioni is made in a similar way—I remember Burgess coming in—he passed into the tap-room—Barnett followed him—Burgess came out, and Barnett also; but Barnett still remained with me—I said to Burgess, "Will you take anything to drink?—he said, "I are on other business"—he then went out—Barnett still remained with roe—I did not hear him say anything to Burgess as he went out—Barnett remained with me I should think an hour—he did not go out at all—I never missed his a—I cannot say whether he was out for a minute or so—I never misscd him—I remember somebody coming in and saying something about Burgess—Barnett was then standing with me.
MR. BODKIN. Q. Who was the person that came in? A. The prisoner Carney—he said, "We have killed that b—y Burgess"—my husband was standing close by me at that time, and Barnett also—I kept this house formerly for three years, as a widow—it is a house of very fair business—I hart known Barnett for some time, always as a very respectable man, and very quiet and inoffensive—he used to frequent my house—all the persona that frequented my house were not so—he was particularly so—my acquaintance with him continued down to this time—no further than using my house—was close to the bar—I was going into the parlour, but Barnett stopped me—the bar is a little way from the door—I never lost sight of him—I swear that I never lost sight of him from a quarter past eight till I should think nine or half-past—he was standing talking with me all that time, and was never nearer the door than that—I never lost sight of him—I have always I been equally sure of that—I never missed him at all.
Q. Have you not said that he might have gone out without your knowing it? A. Yes, he might—I was speaking to him, and never missed him—I do not suppose I missed him a minute—I did not miss him, but in tatting to other parties, he might have gone out—I do not believe he did go out—I am certain he did not go out.
MR. PAYNE. Q. You say you were talking to other persons—can you any it was impossible for Barnett to have gone to the door, said a word and cone back again? A. Well, 1 should think it was impossible—I do indeed.
WILLIAM WATTS . I live in White-chapel—I am nothing at purse it—I hate just left a public-house at Norwich—I was at the King's Arms on the night this matter happened, from six till half-past nine—I saw Barnett there all the time—I do not recollect Burgess coming in—Barnett was dressed in a black velveteen coat.
COURT. Q. Did you remain in the public-house? A. Yes, all the time, till half-past nine—I saw Carney there, I did not hear him say anything—I was in the front bar when he came in—Mrs. Spittle was there—I only heard him call for a glass of wine—I did not hear him say a word about Burgess—I understood there was a row outside—I did not go out—I never stirred out of the door—I had known Barnett before—I have been from Norwich eight or nine months, and have been out of business that time, living in White-chapel—I have not been in any situation since I have been in London—I have been living on the money I sold my house at Norwich for.
JUDAH LYON . I am a dealer in new and second-hand Brussels carpets, and live at 20, Fashion-street, Spitalfieids. I was in the White-chapel-road, passing the King's Arms, and saw a policeman having hold of the horse there were eight or nine persons on the pavement, but no one by the side of the policeman—the policeman was off the kerb—I saw Barnett standing by the door of the public-house, with his back against the door smoking his
pipe—that was from half-past eight till I should say nine—I saw no disturbance before the public-house door—the policemen went on, and Barnett went into the public-house—the policemen went on with the cart about ten or fifteen yards—three or four men took hold of the cart—a scuffle took place, and one of the policemen was knocked down—I did not see Barnett then—I was standing about three yards away from the place—Barnett was not there at that time—I have known him for a good many years—if he had been the person that knocked the policeman down I must have seen it—I have not spoken 'to him half-a-dozen words in my life—he was dressed respectably—he had on a darkish coat, as I recollect—I cannot exactly say what colour—(looking at the coat produced by Oram) it was not such a coat as this—it was darker than that—I could not very well mistake that for a black velveteen.
MR. BODKIN. Q. That would not look quite so light at night? A. This is not the coat he had on—I am sure of it—I swear that—I cannot tell what sort of coat the man had on that knocked the policeman down, or what he knocked him down with—a scuffle took place, and I saw the policeman go down with his hands up and his truncheon up—three or four men had their hands up, and then the cart went away—I cannot exactly say whether the policeman was knocked down by the blow of a fist—Barnett was not by I at the time—I cannot say what instrument it was—I did not see the face of the man that knocked him down, nor yet his coat—I saw his arm up—I saw several arms up—it was a regular common pipe that Barnett was smoking—he was standing with his back against the public-house door, interfering with no one and talking with no one—I did not see him hardly a minute—I did not say I had seen him at the door from half-past eight till nine—I hardly saw him a minute—I do not know what caused him to go in so suddenly—he went in with his pipe in his hand—I did not notice anybody come out—when the policemen went on with the cart I went on the pavement—the cart was going on while Barnett was standing there with his pipe—the officers had hold of the horse's head—I did not see Barnett say anything to the officers—I am quite sure he did not—I cannot tell whether any one did come out of the public-house—I saw Barnett go in—I saw no one come out—I was not there above two minutes altogether—when I saw a mob of people there, I stopped a minute—there might be twelve persons for what I know—I should say there were about fifty round the cart, not exactly at the time I saw the officer drop, because the horse pranced up a little, as if the man in the cart was pulling, and the people were scattered round about four or five yards away from the cart—the police had hold of the horse, and so had three or four other men I—I did not see the policeman with his nose cut—I saw Bray on the ground, with the back part of his neck bleeding—when the cart went away, I went home—I did not go into the public-house—I did not go and help to pick the man up—I sometimes keep a stock of carpet—I have a little now—about 1l. or 2l. worth of old—I deal with persons who come to my place, brokers, in Middlesex-street, White-chapel—persons bring in things, and come to me to go to their place to buy—Middlesex-street is not more than five minutes' walk from my place, and when they think they have anything to suit me, I go to their place—I live along with my brother-in-law, he rents the house—it goes in his name—I occupy the shop and parlour—Middlesex-street is the place called Petticoat-lane—I have known Barnett I should say twenty years—I cannot tell what his business is.
COURT. Q. Have you seen him in Middlesex-street? A. Not to my knowledge—I never spoke to him half-a-dozen words.
MR. PAYNE. Q. Were you going by the public-house, or had you been in it?
A. Going by—when I said this was from half-past eight till nine, I did not mean to say that Barnett stood at the door half an hour—he went in jett as the cart had got a little way off.
JURY to JOSEPH BRAY. Q. What view had you of Barnett at the time he struck you? A. I had hold of the horse with my left hand, and in the act of turning to the right to take hold of the near side, I saw Barnett come from behind the cart, the full-length of the horse and cart—I saw him come the whole length of the horse and cart toward me, and when he was about the middle of the cart I saw the stick, or life-preserver, in his hand—he rose it up—I was then in the act of being shoved round, when I received the blow on the ear—I cannot say whether it was a life-preserver or a stick.—it was about a foot or eighteen inches long—there are different sorts of life-preservers—some are loaded with lead, and have a cord round them and some catgut—some are dark, and some covered with leather—there was sufficient light for me to see Barnett—there are six or seven lamps at the turnpike, which was not ten yards off—I never entertained any doubt of Barnett being the man who struck me—as soon as I got to the station-house: I was asked who did it, and I directly described Barnett as being the man—I gave his name as well.
JOSEPH DALTON (City-policeman, No. 366.) I produce a certificate of Carney's former conviction (read, Convicted 6th of January, 1845, of larceny, and confined six months.) I was present at the trial—the prisoner is the person.
CARNEY— GUILTY . Aged 18.— Transported for Life.
BARNETT— GUILTY . Aged 34.
LEWIS— GUILTY . Aged 27
Transported for Fifteen years.
GUILTY , and entered into recognisance to "keep the peace and appear to receive judgment when called on.
NEW COURT.—Monday, November 24th, 1845.
Fifth Jury, before Edward Bullock, Esq.
44. CHARLES GRAY was indicted for stealing 7 quarts of wine, value 24s.; 13 bottles, 2s.; 2 ounces of anniseed, 5d.; 2 towels, 1s.; 10 pounds of sugar, 5s.; 1 yard of flannel, 1s.; 1 yard of carpet, 3s.; 3 pints of brandy, 10s.; 1 pint of gin, 1s.; 4 tumblers, 3s.; 1 wine-glass, 6d.; 1 pot of jam, 1s.; and 3 cloths, 1s.; the goods of Thomas Dobson, his master.
MR. BODKIN conducted the Prosecution.
WILLIAM CLIFFORD . I am coachman to Mr. Thos. Dobson, of Forty Hill; Enfield. On the 13th of Nov. my mistress ordered the carriage to London—I, went with it—the prisoner accompanied the carriage—we stopped at Mr. Miller's, in Baker-street, Enfield—I was waiting there with the carriage, whilst my mistress went in—two policemen came up—they took a hamper which was under the driving-seat of the carriage where I sat, with the prisoner by my side—they took the prisoner into custody, and asked if anything in the carriage belonged to him—he said that hamper did—I believe he has friends in London.
JOHN COLLINS (police-sergeant N 24.) My attention was directed to Mr. Dobson's carriage on the 13th of Nov.—I took possession of a hamper which was under the driving-seat—the prisoner said it was his—Walkins took the prisoner, and I saw him take from his waistcoat pocket a tin box containing a piece of putty with the impression of a key on it—I afterwards went to Mr. Dobson's, and went to a room which was pointed out as the prisoner's bed-room—I found there a chest containing four drawers, two of which were locked and two open—I opened the drawers, which were locked with keys we had got out of the prisoner's pocket—in one of the drawers I found seven bottles of wine, six cloths, a piece of new carpet; in another drawer two more bottles of wine, two bottles of brandy, some spirit of anniseed, two foreign glass bottles, a towel, and in a portmanteau a bottle nearly full of wine, and another bottle with some gin; in a box I found two jars of sugar, a tin cannister of tea, and three tumblers—I found the key of the box in one of the drawers.
Cross-examined by MR. DAONE. Q. Who showed you the prisoner's room? A. The needlewoman in the service of Mr. Dobson—she is here.
THOMAS DOBSON . I am engaged in mercantile pursuits in London, and have a house at Forty Hill, Enfield. The prisoner was my footman and indoor servant—I kept no other man-servant in the house—I had a pretty good stock of wine—a lady in my family, named Moore, was almost always in the habit of going down to the cellar to give the prisoner wine when it was wanted—she is lame and very near-sighted—I have looked at the articles which have been produced—I have not a shadow of a doubt that they are mine—I always import my wine myself—the bottles of spirits which I have, used to be stamped on the corks, and the tops of the corks of the bottles of spirits found by the officers have been cut off—when I was at the police office I was regretting to see the prisoner in the situation he was in, and he told me he was very sorry—he had been with me eighteen months.
GUILTY . Aged 24.—Recommended to mercy by the Prosecutor.— Confined Six Months.
(There was another indictment against the prisoner.)
WILLIAM HAMILTON . I am gatekeeper of the London Docks. On the afternoon of the 4th of Nov. I was at the principal entrance—I saw the prisoner leaving the dock, going through the gate—he looked bulky—I stopped him, and asked him if he had anything about him—he said he had a little biscuit—I searched him and found some biscuit, and in the thigh of his trowsers I found a bottle with a pint and a quarter of Geneva in it—I asked what ship he belonged to; he said to the Tallentire a ship that was there, and he had been working on board; that he picked the bottle out of the ballast in the ship's hold, and supposed it fell out of a case.
GEORGE DIX . I received the prisoner from Hamilton—he said he had been working a ship at the jetty, he did not know the name of it, that he was carrying a case along the ship's hold, one bottle fell out on some stones, and was cracked—I found this bottle which had been taken from him was quite sound—I went on board the Tallentire, and found a case which had
been secured with copper nails before, and three others were put in which were iron—I looked in it and found only eleven bottles, and a vacancy where one bottle had been before—the case did not appear to be damaged
WILLIAM DAVIS . I am chief officer of the Tallentire—it was in the London Docks at this time—the prisoner was working on board—we had above 200 cases of Geneva on board—they ought to contain twelve bottles each—the captain's name is George Holmes White.
(The prisoner received a good character, and a witness engaged to provide for him.)
GUILTY . Aged 18.—Recommended to mercy.— Confined Fourteen Days.
JOHN NEGUS . I am a baker, and live in Bishops-gate-street-without—the prisoner had been in my service about three months—he was to receive money from my customers, and to account for it every day to me, as he finished his round—he has never paid me 4s. 4d., 6s. 10d., or 6s., 1d., as received from Sarah Cox—was rather surprised they were not paid, and I enquired about it—he said Mrs. Pitt was confined up stairs, and when she came down she would pay—let it go on till had reason from another source to suspect the prisoner.
SARAH COX . I am servant to Mr. Pitt, of New Broad-street—he deals with the prosecutor for bread—the prisoner used to bring it—paid the prisoner 4s. 4d., 6s. 10d., and 6s. 1d., for his master—paid him some shillings and some half-crowns—these are the bills he brought—they are receipted by him.
GUILTY . Aged 21.— Confined Six Months
(There were two other indictments against the prisoner.)
47. CAROLINE BAY and JANE SCOTT were indicted for stealing 7 handkerchiefs, value 1l. 7s., the goods of Susannah Eliza Crisp,—2nd COUNT.—calling it 6 yards of silk; and that Bay had been before convicted of felony.
SUSSANAH ELIZA CRISP . I am single—I live at Hounilow, and am a linen draper—I did not miss from my stock the identical handkerchiefs in question till the policeman brought them—he brought these black silk handkerchiefs—six of them are plain, and one is figured—those plain ones have no private mark on them—I do not swear to them, but I missed them from my stock at that time—this figured one having been dyed we all knew as being taken from my stock—know it—the others are like what I lost, but this one there can be no doubt about—it had been in the shop, in the box the handkerchiefs are kept in.
Cross-examined by MR. PAYNE. Q. When did the policeman bring the things to you? A. It was a fortnight last Thursday or Friday—it must have been about the 10th of Nov.—this one, about which there can be no doubt, is a silk handkerchief—swear to this; first, from its pattern; and next from its having been dyed since it was in my shop—it is not worth above half-a-crown—there is no one connected with me in business.
GEORGE CORNISH . I assist Miss Crisp in her shop—recollect, on the 31st of Oct., the prisoners coming to the shop together—I am sure they are the persons—they asked for blue checked silk handkerchiefs—I showed them what we had—they bought none—this handkerchief that has been dyed was amongst them—these others have no marks on them, and there is nothing that can speak to them by—the prisoners left the shop without buying anything—I did not miss anything till the policeman came, which was about a
fortnight ago last Friday, about a week after the prisoners had been at the shop—this handkerchief that I know is figured.
Cross-examined. Q. How long were they in your shop? A. A short time—I had not seen them before—we have a good many people in the shop sometimes—this handkerchief has been green and dyed black—I showed the prisoners the same kind of one as this—I could not swear that there are not hundreds like this.
COURT. Q. Can you swear to the prisoners? A. Yes.
JOHN BAGG (police-constable F 141.) I took the prisoners on the evening of Friday, the 31st of Oct., at the West Drayton Railway Station—I felt down Bay's sides, and perceived some silk under her clothes—I took the prisoners to the station—Bay said she would not be searched by a man but by a female—I afterwards felt down Bay again, and the bulk seemed to be gone—Look at, another officer, gave me these handkerchiefs—I went to Miss Crisp's shop and produced them—I took the prisoners to prison, and in going there Scott said, "If any of the handkerchiefs are owned, what shall us get done to?"—Look at showed me the place where he found the handkerchiefs—it was the place where the prisoners were allowed to stand for a few minutes
Cross-examined. Q. How could you tell silk by feeling outside? A. I could feel it slip—I felt outside her gown, and there was a bulk inside—I saw no silk, but I fancied it was silk.
WILLIAM LUCKETT (police-constable T 155.) On that Friday evening I was in a garden-ground near the police-station—I found these handkerchiefs there—I gave them to Bagg, and told him where I found them.
Cross-examined. Q. In what place was this? A. In an enclosed garden belonging to the police-station—there is a brick wall round it—I cannot say exactly how high the wall is—the prisoners were taken about nine o'clock that evening, and about ten minutes or a quarter of an hour afterwards I found these handkerchiefs.
COURT. to JOHN BAGG. Q. Do you know of the prisoners being in that garden? A. Yes, I was with them—I took them there to be searched, but there was no female—I took the prisoners about nine o'clock—they were waiting for the train to come to Paddington.
STEPHEN GREEN (police-constable G 49.) I produce a certificate of the prisoner Bay's former conviction, by the name of Emma Jackson—(read—Convicted 8th April 1844, having been before convicted, and confined one year)—the prisoner is the person.
BAY— GUILTY . Aged 24.— Transported for Seven Years.
SCOTT— NOT GUILTY .
GEORGE HERVE MINGAY . I live at the Coast Guard-office, in the Customhouse—I had this handkerchief in my pocket on the 12th of Nov.—I was walking up Holborn-hill—a policeman spoke to me, and I missed it—this is mine.
HENRY GREEN . I am pot-boy at the Dorset Ale House, Holborn-hill. About half-past four o'clock that afternoon I saw the prisoner take a handkerchief out of the gentleman's pocket—he put it into his own pocket—I told the policeman.
Cross-examined by MR. HORRY Q. Where were you? A. Walking up Holborn-hill, on the opposite side of the road—I was behind the prisoner—there was another boy with the prisoner.
COURT. Q. Are you sure you saw the prisoner do it? A. Yes—I had not known him before.
HENRY WORKMAN (City police-constable, No. 21.) I was on duty—in consequence of what Green said, I looked round, and saw the prisoner running down the hill—I followed him about half-way down Field-lane—he was running fast—I secured him—he put his hand behind him—I pulled his hand away, and pulled this handkerchief away from him.
Cross-examined. Q. Was he without a coat? A. He was—I did not see anybody else running—I was near Hatton-garden when Green spoke to me, and the instant I turned I saw the prisoner running—I did not lose light of him.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy.— Confined Four Months.
GEORGE JOHN BLANSHARD . I am a hosier, and live in the Poultry. On the 17th of Nov., about three o'clock in the afternoon, I saw the prisoner walk out of my shop—I followed and took him next door with these two scarfs under his jacket—I took them from him, brought him back to the door, and gave him in charge.
Prisoner Q. Have you any mark on them? A. I can swear to them.
GEORGE BARKER (City police-constable, No. 485.) I saw the prosecutor follow the prisoner, and take something from under his jacket—I went across, and took the prisoner and the scarfs—they have the shop ticket on them.
Prisoners Q. Are there not such tickets all over the country? A. There are.
GUILTY . Aged 30.— Confined Three Months.
NEW COURT, Tuesday, November 25th, 1845.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined Three Months.
JOHN HALL . I live in Bouverie-street, Fleet-street. On the night of the 27th of Oct. I was walking up Goswell-street-road—I was called back by a gentleman, who produced the prisoner to me, and my pocket-handkerchief—he requested me to give the prisoner into custody—this is my handkerchief—it was in my pocket before it was lost.
JOHN LOGER . On the 27th of Oct., about half-past four o'clock in the afternoon, I saw the prisoner, and another lad with him, pass my employer's—the prisoner had the prosecutor's coat pocket up, and was in the act of picking his pocket—about ten or twelve yards from our door he took the handkerchief out of the pocket—I followed him—he turned back, crossed the road, and pitched the handkerchief into a cart.
Cross-examined by MR. BALLANTINE. Q. You asked the gentleman to give him into custody? A. Yes, I had so frequently seen him pass the Goswell-road—I am salesman to Mr. Walters, a pawnbroker.
(The prisoner received a good character.)
GUILTY . Aged 15.— Confined Eighteen Months.
WILLIAM HILYARD BAILEY . I live at Pimlico. On the 10th of Nov., at a quarter-past four o'clock, I was going along the north side of St. Paul's-churchyard, and felt a movement at my pocket—I turned round, and saw the prisoner wiping his face with my pocket-handkerchief—I asked him what he did with my handkerchief—he said he did not know it was mine—the policeman was by, and I gave the prisoner into custody—my handkerchief was quite safe before I felt the movement.
Cross-examined by MR. BALLANTINE. Q. You noticed that before you turned round? A. Yes, it was that which induced me to turn round.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined Three Months.
WILLIAM THOMAS PAGE . I am the master of the Staines Union Work-house—there are guardians to it—the prisoner had been an inmate of the Union, and had left about a week. On the morning of the 5th of Nov. I missed a spring-dial clock—this clock is like the one I missed, and I can swear to this pendulum positively.
JAMES UPJOHN . I am a clock and watchmaker, and live at Brentford. This clock was offered to me for sale by the prisoner, on the 7th of Nov.—I asked him where the face of it and the case were—he said he knew nothing about them, it belonged to his daughter, who bought it at Mrs. Theobald's sale.
Prisoner's Defence. I own I took it to Mr. Upjohn, but I did not steal it; I was coming along, and a woman asked me to take it there to know what he would give for it, and she was to give me half-a-crown.
GUILTY . Aged 66.— Confined Four Months.
JAMES COX . I live at High Wickham Marsh—the prisoner lodged with me. I had a pair of mole-skin trowsers which I missed from my box on the 18th of Nov.—I had had them safe this day fortnight—the prisoner had left the lodging on the 15th—I followed him, and found him at Johnson's nighthouse—he had these trowsers on—I said, "I want to speak to you a minute"—when he came outside, I said, "I want these trowsers"—he said; "I shall not deliver them up, I bought them"—I took him to the light, saw they were mine, and gave him into custody.
Prisoner. I gave my aunt 6s. to buy them.
GUILTY . Aged 22.— Confined Four Months.
JOHN THOMAS HYDE . I am treasurer of the Surrey Theatre. At half-past ten o'clock in the morning, on the 10th of Nov., I was near the Old Jewry, and missed my handkerchief—I turned, and saw the prisoner pass close to me—he had on a brown coat, similar to the one I have on now, with pockets in front, and I saw my handkerchief in his coat-pocket—he passed close to me, and crossed the road—I followed him, and when he reached the opposite pavement, I collared him, and said, "You have got my handkerchief"—he said, "I have not"—two gentlemen came up and said, "There is your handkerchief," pointing behind the prisoner—I picked it up—this is my handkerchief—there is no mark on it—I only identify it by the pattern—I am sure I saw it first in his pocket, and when I took him there was no handkerchief in his pocket.
JOHN JEFFRIES . I am an officer. I was at the bottom of the Old Jewry—I saw the prosecutor have hold of the prisoner—he said, "You have got my handkerchief," and immediately the prisoner dropped this handkerchief behind him—I found nothing else on him.
Prisoner's Defence. I saw it on the ground; I picked it up, and put it into my pocket; I was walking along, and the gentleman said, "You have got my handkerchief"—I said, "No, I have not;" I did not know whose it was.
NOT GUILTY .
56. EDWARD CHANDLER was indicted for stealing 1 shawl, value 4s.; 1 ring, 8s.; 1 scarf, 1s. 6d.; 1 purse, 6d.; 1 sovereign, 1 half-sovereign, and 5 shillings; the property of Caroline Amelia Robins: and 1 hat,3s.; the goods of George Robins.
CAROLINE AMELIA ROBINS . I am single, and am a dress-maker. The prisoner is a baker—he was paying his addresses to me—he told me the banns of marriage had been published, and we were to go to church—on the 27th Oct. I went with him to a coffee-house opposite to Paddington church, to wait till the time appointed to be married at that church—I was to have gone to his lodging, but he said he did not want me to go to his lodging—when it came to within twenty minutes of half-past ten o'clock he said he would go and fetch my brother—we had had breakfast at the coffee-house, and he said, "Will you pay for it?"—I said, "Yes"—I took out my purse, and laid it on the table—he took it up and paid for the breakfast—he then said, "Now I will go and fetch your brother"—he went out, took the puree with him, and never returned—he asked me to wait in the coffee-house—I said, "What shall I do with my shawl?"—he said, "I will leave it at Mrs. Taylor's"—he took that and my brother's hat, which I had, and my scarf—he took them all away—I had bought the wedding-ring, and had it on my finger—he said, "You must take that off"—I took it off—he took it, and went away with it—this is my purse and shawl and scarf—I afterwards found him at a dance, with this scarf round his neck, and gave him into custody.
Prisoner. Q. 3 Have you never been called by any other name? A. Yes, Lawrence—I have not been in your name the last two years—I have had letters in the name of "Caroline Chandler"—we never appeared as married people together—I applied to the Cape of Good Hope Society to go out as
your wife, by your desire—on the 24th of Oct. I took tea with you—we went out together to a loan society, to get money for a coffee-house for you and I—I cannot tell whether my mother and my friends believed we were married.
JAMES HILSDEN (police-constable S 42.) On Wednesday evening, the 29th of Oct., I went to the Jews' Harp, in Regent's-park—I saw the prisoner there—I said, "Charley, I want you"—he came out, and said, "It is no more than I expect"—he had this scarf on his person, this purse in his pocket, and this hat on his head.
Prisoner's Defence. I have known her these six years: I have been engaged to be married, but never been in a situation to marry her; the loan society was to have got me money to put me in a coffee-shop, and with a few pounds I was to have got from her brother I might have done so. The money was to have been received on the Thursday as she took me on the Wednesday; she came to me that morning, at half-past seven o'clock, to go out for a day's pleasure; we were to meet her brother and a young lad at Paddington: the scarf and hat she gave me to wear: she lent me 10s., and that was to go towards paying for an agreement. She gave me the breast-pin and a new waistcoat to wear.
CAROLINE AMELIA ROBINS re-examined. I did give him the pin, which was his own—I did not give him the hat—he took it to leave with my brother—he told me my brother's hat would fit him, and to buy him one, but the shops were not open—my brother was to have had his hat at ten o'clock, when he was to go with us to the church—I went from the coffee-house to the church, and found the banns were not published.
Prisoner. The purse I have had eight months; I found it in my master's shop; my boots were in pawn; he gave me the shawl to pawn to get my boots out; I gave it to Field openly.
Witness for the Prosecution.
WILLIAM HENRY FIELD . The prisoner gave me a shawl to pawn—I think this is it—he brought a hat and several other things—he asked me to carl his hair as he was going to Leytonstone, and the chaise was ready—he gave me a halfpenny to pay for the interest of the boots—I got 1s. 6d. on the shawl, and brought the boots out.
JAMES HILSDEN re-examined. On the secoud examination before the Magistrate, the prosecutrix identified the purse as one she had borrowed—the she borrowed it of was before the Magistrate, and proved it was her purse.
NOT GUILTY .
WILLIAM WALTER . I now live in Tottenham-street, Fitzroy-square—before lived at Mr. Turner's—the prisoner lodged there, and slept with me—I missed a breast-pin on Sunday, the 19th of Oct., this is it.
Prisoner. Q. What do you swear to it by? A. Because a piece of the stone is broken.
Prisoner. Q. How long is it since I first came to your apartment? A. could not say precisely—I believe two or three months—you gave me this pin soon after you came—not the first time—I think it was more than a fortnight previous to your being given into custody—you gave it me to pin my handkerchief—I have been at your lodging with it—nothing was said to me about it.
Prisoner. I was taken on the 29th—I bought it eighteen months previous of a pawnbroker and salesman.
GUILTY . Aged 21.
ROBERT BLACK . I am a baker, and live in Queen-street, Lambeth. The prisoner was my journeyman for about three months—he was on the 26th of Oct., 1842—I sent him out with a basket that day, and if he received the sums in question that day he did not pay them to me—he absconded, and never could find him till I saw him at Marylebone Court-house—Mr. Morris and Mr. Miller dealt with me—if they gave the prisoner this money he never gave it to me.
Prisoner. Q. Of course you inquired my name when I came to your situation? A. I do not know that I did—I knew you by the name of Edward Chandler—you referred me to Mr. Knight when you went away—I inquired there, and he could not tell me where you were—you sometimes took bread when you were going as you said home.
Prisoner. Q. Have you any bill? A. No, I paid when the bread came.
Prisoner. You could not swear to me at the Magistrate's office. Witness. I could not swear to you now.
COURT. Q. Did a person Come to you as. the servant of Mr. Black and bring you bread from him? A. Yes, that person brought this bill, and I paid it him—he wrote this receipt on it.
Prisoner. Q. How can you swear it is my writing? A. I have seen you write many times.
Prisoner. I lived with the prosecutor fourteen weeks; on the morning I left him he blowed me up about something; I had plenty of opportunity of robbing him; I pointed out where a robbery had taken place, and pointed out the thief to him; I referred to Mr. Knight, and Mr. Black took down my name, and yet he never applied to my friends, but allowed three year to elapse before he said anything about this.
GUILTY . Aged 21.— Transported for Seven Years.
MR. COBBETT conducted the Prosecution.
GEORGE PEARCE . I am a bookseller and printer, and live at No. 310, Strand. I printed a work called "The True Law of Population," about three years ago, or perhaps more—I had 800 perfect books of it last Feb.—they were put into a back warehouse, in which there was a press—I ascertained they were
there then, because I had an offer for them—the prisoner was in my employ at that time as a pressman, and worked inthat apartment for about eighteen months—I discharged him on the 3rd of Oct.—I missed some of this work on the 1st of Nov.—I printed some handbills, and went to Mr. Durien's on the 10th of Nov.—he showed me about twenty-seven copies of this work, and said it was all he had left—I had asked if he had any such paper to sell, pointing to some of it on the counter—I had sold some of the work bound before Feb., but those I put away were unbound—I had not sold any unbound at any time—those I found at Mr. Durien's were in sheets, not bound—I have two outlets to my premises, one in a stable-yard, called One Bell-yard, and the other from the Strand—the entrance for the workmen is up the yard—that was the prisoner's way in and out.
Cross-examined by MR. PAYNE. Q. Who is the author of this work? A. Mr. Doubleday, of Newcastle—the prisoner had been in my employ about a year and a half—Mr. Durien did not communicate with me—I went to his place—all my workmen went in at that side door, but they did not go into that room—the prisoner and his brother both worked in that room, and his brother works there now—when the prisoner first came he was very industrious, and was allowed a key that he might come earlier than was usual, but latterly he has been rather given to drink—he had been in the habit of borrowing money at first, and latterly he had enough to get to drinking with.
LEWIS ADOLPHUS DURIEN . I am an oil and colourman, and live at No. 23, Drury-lane. This is the paper I gave to Mr. Pearce—I bought it of Mr. Eaton, of New Inn-passage, or of his foreman, Tossy, in June or July—I gave 34s. a cwt. for it—I probably bought 400 or 500 copies of the book—I gave to Mr. Pearce all I had at that time—I have got some back since.
Cross-examined. Q. How came you to buy such works as these? A. It is an article of every day's merchandise.
JOHN TOSSY . I am foreman to Mr. Eaton, bookseller, of No. 10, New Inn-passage—I bought of the prisoner some sheets of the "True Law of Population," for waste paper—I have bought it of him nearly a dozen times—I began about April last—I gave him 21/4d. a pound for it, about a guinea a hundred weight—I took it out to sell, and sold it to Mr. Durien, in Drury-lane—the prisoner said he brought it from Mr. Pearce, his master, in the Strand, and it was given him to sell.
Cross-examined. Q. How often did you sell it to Mr. Durien? A. I should think about fifteen or sixteen times—I bought some of it of the prisoner, and my master bought the other—Mr. Pearce and the policeman found me out—we kept it till we got about half a hundred weight, and then sold it at 34s. per hundred weight—we bought it in small lots.
GEORGE EATON . I am a bookseller. I bought sheets of paper of this description of the prisoner on two or three occasions, in small parcels of about twenty-five pounds—I bought about 1 cwt. altogether—I gave him 2 1/2d. a pound for it—we buy ton weights at sales at that price—the prisoner told me he came from Mr. Pearce—I am a great deal from home.
Cross-examined. Q. How far is it from you to Mr. Pearce's? A. Two or three minutes' walk—I never went to him, but if I had had any suspicion I should—I got about 13s. per cwt., profit, but there was some trouble in accomplishing it—I am in the habit of buying large quantities—I did not know that this was a capital work—I never saw this as a book—there is not a market price for paper—we have to go from shop to shop with it frequently—I bought ten tons one day, and sold it at a good profit to re-publish—I laid out 400l. one day on it.
charge at a printer's in Clerkenwell—he said he knew nothing about it—he asked me, in going to the station, whether it was this year or last—I received twenty-five copies of this work from Mr. Durien.
GUILTY . Aged 23.—Recommended to mercy by the Prosecutor.— Confined Nine Months.
60. RICHARD ALDRIDGE was indicted for stealing 30 sovereigns, 4 half-sovereigns, 8 half-crowns, 16 shillings, and eight sixpences, the monies of William Pritlove, in the dwelling-house of William Aldridge; to which he pleaded
GUILTY . Aged 17.— Confined Six Months.
THOMAS MURRELL . On Saturday night, the 1st of Nov., I was in Vinegar-yard about twelve o'clock—I was returning from the theatre—I felt a tug at my pocket—I looked round and saw the prisoner fling a handkerchief to another boy—the colour was like mine, and I missed mine from my pocket—followed and caught the prisoner—the other boy ran away—I had had my handkerchief safe about ten minutes before.
Prisoner. I was playing; the gentleman ran after me, and said I picked his pocket; I did not.
JOHN COSTER (police-constable G 38.) I produce a certificate of the prisoner's conviction at Clerkenwell by the name of John lennon—(read)—Convicted 11th. Feb., 1845, and confined six months, six weeks solitary)—the prisoner is the person, and I have seen him about with pickpocket.
GUILTY . Aged 14.— Transported for Ten Years.
62. JANE HISCOT was indicted for stealing 1 pair of stockings, value 3s.; 2 printed books, 4s.; 1 yard of ribbon, 1s.; 1 petticoat, 4s.; 2 towels, 3s.; 2 yards of calico, 8d.; 1 china ornament, 6d.; and 1 1/2 yard of lace,4s. 6d.; the goods of George Caldwell, her master.
MR. BALLANTINE. conducted the Prosecution.
MARY ANN CALDWELL . I am the wife of George Caldwell—we live in Thurlow-square, Brompton—I took the prisoner into my service as cook—I missed certain articles while she was with me—they were taken from the store-room, which was kept locked up—the prisoner had no right to go there without my knowledge—I sent her away, and she left her boxes behind—they were searched by the other servants in my presence—my other servants knew that I had missed things, and one had been discharged on suspicion—the articles named in this indictment were found in the prisoner's box—I can only swear to these stockings, but the other things I believe are mine—she had' no right to these stockings—I found this vinegar cruet, it is similar to one I had, and which was missing—here is a china basket, which I believe is mine—I missed one similar to it—this petticoat I believe is my daughter's.
Prisoner. The petticoat never was yours, nor the vinegar cruet.
Prisoner. Q. Did I not say to you that I had a basket exactly like your mistress's, and if she was spiteful she would say it was hers? A. I do not remember it.
Prisoner. Why did not Mrs. Caldwell claim the things at first? she did not till at the station-house.
Prisoner. The petticoat never was in her house; I have not enough of hers to wrap round my fingers.
MR. BALLANTINE. conducted the Prosecution.
ELIZABETH ETHERIDGE . I am the wife of a corporal at Knightsbridge barracks I know the prisoner—she had been confined, and she asked me to take the baby and this box which she should not want—these things were in it
CAROLINE MARY M'GEORGE . I am a widow, and live in Wilton-crescent—I keep a school the prisoner was in my service as cook—I discharged her three years ago next January—this is my ring—it is an old family ring, with the name of "James James" on it, and the date—I missed it—these are my salts—they are very old fashioned—this is my basin—the stand and the top of it are not here, but I lost them.
Prisoner. The ring was given to me by a lady at her school—I never saw these glass articles in her house—I bought them.
MR. BALLANTINE conducted the Prosecution.
EUPHRASIA HOWRATH . I live in Wilton-crescent. The prisoner lived servant with me, and left me last May—this neck-chain and fan belong to my niece, Emily Meikham—she is eight or nine years old—they were given to her by her mother, who is in the West Indies.
Prisoner. That chain never was in my box—the fan was given to me by the coachman.
Prisoner. I have to beg for mercy; I have been accused shamefully wrong.
GUILTY . Aged 25.— Transported for Seven Years.
GEORGE RUSSELL (City police-constable, No. 34.) On the 13th of Nov. I was in Cheapside—I saw the prisoner following several gentlemen, and sounding their pockets with his hand—he has a way of doing it with his elbow—saw him follow one gentleman and take this handkerchief from him—he ran off, and I followed—he knows me—I said to him, "You may at well drop it"—he did so—I have not been able to find the gentleman.
Cross-examined by MR. HORRY. Q. A gentleman stopped the prisoner? A. Yes—I did not call after the gentleman who lost the handkerchief—he was about five yards from me when I saw it done—I was on the same side of the way—I then crossed over near to Queen-street—I never lost sight of the prisoner.
COURT. Q. How far was he from the gentleman when you caught him? A. About 100 yards.
GUILTY .† Aged 12.— Confined Six Months.
ALEXANDER WEST . I keep an eating-house in Church-lane, Whitechapel. On the 25th of Oct. the prisoner came in and asked for some pudding—as he was going out I observed a box of plums under his arm—I called to him to drop it, which he did on the threshold of the door—the plums were mine—they were worth 1l.
Prisoner. Q. Was I drunk or sober? A. cannot say—you did not make me any answer.
Prisoner. He fetched the prosecutor in the morning; I said, "Where are the plums?" he said they were used; I said, "Was 1 drunk or sober?" and they did not say.
GUILTY .† Aged 20.— Transported for Seven Years.
GUILTY . Aged 28.— Confined Four Months.
GUILTY . Aged 18.— Confined Three Months.
Cross-examined by MR. MELLOR. Q. You swear positively to it? A. Yes.
the steps of Blackfriar's-bridge—I saw the prisoner Smith take a penknife from Mrs. Palmer's pocket, and give it to Elam—I took the prisoners on the spot—Elam dropped the knife on the ground, and Mrs. Palmer's mother gave it me—I had watched the prisoners for ten minutes—I saw Smith make two or three attempts, and Elam was near him.
Cross-examined. Q. On what day did this occur 1A. On Lord Mayor's day, between eleven and twelve o'clock—there was not a great crowd there—there was only a single file of people there, but not near Mrs. Palmer—there was a crowd on the bridge, but not on the steps—the prisoners were on the steps—I was three or four steps above them.
Smith, There was another boy standing by the side of us, and a great many people on the steps.
NOT GUILTY .
JAMBS LYONS , I belong to a schooner, which was in Down's wharf, Wapping. On the 22nd Nov., after having been drinking, I met with the prisoner, about one o'clock in the morning, in the night-house—I asked for a bed—she said jshe would get me one—she took me to a house, and I went to bed—I had two jshillings and some coppers in my jacket—in the morning 1 missed my jacket and waistcoat, and the money—I went down to the woman below, and she jsaid the girl had gone out to pawn them—I said, "What business had she to Ipawn my clothes?"—I waited till the prisoner came in—she said she had Ipawned them for 4s.—I looked at the duplicate, and it was 9s.—I said it was 9s., and she gave me abuse—I had not been in bed with her, I slept by myself.
Prisoner. I slept with him, and he told me to get up and pawn them; I Icame back, and gave him the duplicate; he was drinking with me the next Imorning; he told me he could not get any money till he went on board his Iship; I went but two doors from the place where we slept. Witness. I did not sleep with her, and I did not tell her to pawn these things—I tasted the spirits, and that was all.
SAMUEL SMITH . I am a pawnbroker. I have the jacket and waistcoat pawned by the prisoner, between eight and nine o'clock that morning, in the Iname of Mary Ann Sullivan, for John Wilson—I knew her before.
Prisoner. He gave me the things to pawn, and remained with me till close upon ten o'clock the next morning.
GUILTY . Aged 27.— Confined Nine Months.
Cross-examined by MR. DOANE. Q. When did you miss them? A. missed the seal about three weeks before it was found in the prisoner's possession—he was taken on the 26th of Oct.—I had never worn this chain—I do not know what it is worth—I am a cow-keeper—the prisoner had been in my service about seven weeks—the officer found these things on him at the station—I
went before the Magistrate the day after, and preferred a charge of embezzlement against him—the Magistrate dismissed it till I got some more witnesses—I then charged him with stealing this hain and seal—I never saw the prisoner wear these things—the officer showed them to me at the station-house.
NOT GUILTY .
MARY BRAY . I am in the service of Mr. Woodcock. I used to deal with Mr. Tring for milk—the prisoner used to bring it—I paid him 2s. on the 14th of Oct., and 1s. 5d. on the 21st of Oct., for his master.
Cross-examined by MR. DOANE. Q. What wages had he? A. Eleven shillings a week—when he was charged with this, there was 4s. owing to him—I swear there was not three weeks 1 wages owing to him—he did not sty when I gave him into custody, "Remember you have not paid me my wages"—I have other charges against him besides these, beyond 5s.—he has received showed him the bills—the prisoner said in the Court that the reason he took it was because I had not paid him his wages—I usually paid him his wages before they were due—I gave him a half-sovereign on a Friday a short time before,' he drew a shilling or sixpence as he wanted it—the balance when he left me was 4s.,—I never played at cards with him—I cannot play at cards—I have played at bagatelle at a public-house in an evening, when he was in the same room—I think I remember playing with him once—I did not take him there—he would force himself there—I never played with him for money that am aware of—we played for beer or something—I cannot swear that 1 never played at skittles with him—I have played at the White Hart.
(The prisoner received a good character.)
GUILTY .—Recommended to mercy by the Jury.— Confined One Month.
JOHN SIMS HANDCOCK (City police-constable, No. 12.) On the 31st of Oct., about half-past ten o'clock at night, I was in Fleet-street—I saw a lady and gentleman passing—the prisoner and one or two others were behind them—I passed them—I then turned and saw the prisoner take this handkerchief from the gentleman's coat pocket—I seized him—we scuffled and fell—I called for the police—the prisoner pulled two other handkerchiefs out of his pocket—the gentleman appeared at the office and gave his address, but he did not appear again—I went to the address, and could not find such a person.
Prisoner. Q. Did you see me take the handkerchief out of the gentleman's pocket? A. I did—I was going towards Temple-bar—you were of you and threw you down, or you fell down—you had put this handkerchief in your breast.
prisoner struggling, and saw the prisoner lake some handkerchiefs from his side-pocket as they were both on the ground—he threw this handkerchief on theground—I secured him, Handcock took up the handkerchief and ran afterthe lady and gentleman.
Prisoner. I know nothing of them.
GUILTY . Aged 22.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
THOMAS GAYLOR (City police-constable, No. 348.) I was on duty on the night of the 22nd of Nov., at the corner of Earl-street, Blackfriars—I saw the prisoner come from St. Ann's wharf about twenty minutes before nine o'clock, with a sack of corn on his back—Mr. Clowes's stables are in that yard—Idid not see him come out of the stables—I followed him over the bridge and jdown Cross-street to a stable of his own—I then asked what he had got there—he said a sack of mixed corn, beans, and oats, that he had bought at a cornchandler's over the water—I asked who, and he refused to tell me—I said he Iroust go with me in custody—I got him outside the gate; and he said, "You Iknow me, what had I better do?"—I said to speak the truth—he said, I"You know where it came from"—I said, "I suppose it was from Mr. Poynder's—he said, "No, it was Mr. Clowes's"—I went to Mr. Clowes's principal, and produced the sack to him—this is it.
PETER CLOWES . I am one of the firm of Daniel and Peter Clowes, at St. Ann's-wharf, Earl-street. This sack is ours—here is a mark on it, "S. Pickering, 1841"—he was my father-in-law, and 1 took his sacks on his retiring Ifrom business—I have looked at these oats and beans in the sack—they are Ithe same as we use—these are Archangel oats, and a very particular sort of oats—anybody who is conversant with oats, would know them—these are split-beans, and resemble what we had—the prisoner was not in our employ—he was in the employ of Poynder and Hobson, some time ago—we never I sell anything out of that granary—on taking stock, we have* discovered deficiency of at least four quarters within the last month—I am satisfied we have been robbed to a great extent—the value of what was found in this sack is 15s.
Cross-examined by MR. PARRY. Q. Are you in the habit of selling any? A. I am a corn and coal-merchant, but I never sold any from that part of the premises—the corn placed there is used solely for our own horses—we sell Archangel oats, but we had no split-beans in any other part of the premises—I cannot tell whether it is common for persons dealing in a small way, to mix them—we are not the only persons who import Archangel oats—Mr. Pickering sold corn in sacks—he did not sell any sacks—it was not impossible that any of his sacks might have got from his possession fairly.
MR. PAYNE. Q. Did you sell 15s. worth of Archangel oats, mixed with beans? A. We never sell them together, and we have nothing on that for sale sale.
GEORGE RANCE . I superintend the corn for the horses at the prosecutor's. I locked up the floor where this com was kept, about three o'clock in the afternoon on the 21st of Nov.—the next morning I found some had been taken away—the corn was kept there for the horses.
Cross-examined. Q. What servants have lo sell corn? A. There are two there besides—they superintend the boats—they sell oats and beans; and there are other servants there—I locked the floor at three o'clock on
Friday—I went on Saturday morning—I found it had been disturbed, and the corn scattered all over the place.
MR. PAYNE. Q. Was there any split-beans kept anywhere but in this place for the horses? A. No.
(The prisoner received a good character.)
GUILTY . Aged 33.— Confined One Year.
RACHEL EAST . I was in Newgate-street, and saw the prisoner take these handkerchiefs out of the prosecutor's window—he went pant me with them, and the young man went after him—he dropped the handkerchiefs.
Prisoner. Q. Where were you? A. Close to you, against the window—I did not go into the shop—I called the young man—I turned my head to call him, but I did not lose sight of you—he came after you—I did lose sight of you.
COURT. Q. Are you sure he dropped the handkerchiefs? A. I saw him drop them, before Mr. Taylor came up to him—he went across the road in Newgate-street—he walked past me about three yards.
Prisoner, Q. Can you swear it was these handkerchiefs I dropped? A. No.
LUKE BENJAMIN TAYLOR . I am assistant to Mr. Watson. East gave me information—I went after the prisoner—he was walking, but he ran directly—I took him on the other side ofihe way—these handkerchiefs were brought to the shop by a woman—they are my master's.
Prisoner. Q. Where were you? A. I had just turned my back, going into the shop—I was half in the shop, and half out—you took them while my back was turned to you—of course my attention was drawn to you more than to anybody else—I did not see you drop them.
Prisoner's Defence. That female states that she saw me walk down Newgate-street, and cross the street, and the young man did not see me drop the handkerchiefs, which she says she did; if I had dropped them, would he not have seen me as well as her; these handkerchiefs are very common; she cannot swear they are the same; she lost sight of me, and there are hundreds of people walking up and down.
(The prisoner was charged with having been before convicted.)
Prisoner. I plead guilty to that.
GUILTY .* Aged 21.— Transported for Seven Years.
NEW COURT.—Wednesday, November 26th, 1845.
Fifth Jury, before Mr. Common Sergeant.
77. WILLIAM OGIER was indicted for stealing 2 bags, value 1d.; 1 book, 1d.; 16 sovereigns, 6 half-sovereigns, 1 half-crown, 1 shilling, and two sixpences; the property of James Bowie, his master, in a certain vessel on the navigable river Thames; to which be pleaded
GUILTY .— Confined Three Months.
ROBERT TUCKER . I am in the employ of George Cottam and another, ironmongers, in Castle-street; the prisoner was their porter. On the 6th of Nov., about half-past eight o'clock, I saw this set of fire-irons in front of a stove in the shop—I took them up and looked at them—in about half an hour I missed them—I inquired if any one had seen them go out, and theysaid no—I found them behind the same stove that they had been in front ofwhen I first saw them—they had the same mark on them that I had seenbefore—they remained there about half an hour—the prisoner was then sentout, and I missed the fire-irons—I went after the prisoner, and he had themin his hand in Castle-street, and two fenders besides—he saw me, and wentdown a mews—he came out without the fire-irons, which were found in thestable—I am sure I saw them in his hand.
Cross-examined by MR. DOANE. Q. Did Mr. Harrison say he need not deny it, for he knew he had taken them? A. Yes—Mr. Harrison is in the prosecutor's service, and had ordered the prisoner to go and carry two fenders somewhere, but I do not know where—he is not here.
COURT. Q. Did he send you after the prisoner? A. Yes—I told the prisoner Mr. Harrison wanted him—he went back and Mr. Harrison asked him what he had done with the set of fire-irons—he said he took none—Mr. Harrison said, "Don't say so, we know you have"—and then the prisoner said they were in the stable—he had a note with the two fenders.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Three Months.
ROBERT ESWORTHY . I live in Lower Thames-street. On the 10th of Nov. I was at the Lord Mayor's show—I saw the prisoner take a handkerchief from a gentleman's pocket, on Ludgate-hill—he ran away and the policeman after him—I went up and said I saw him take it—I do not know the gentleman's name—I am quite sure I saw the prisoner take it, and it was found on him.
EDWARD TUNNELL (City police-constable. No. 569.) I saw the prisoner take this handkerchief from a gentleman's pocket, and run away—he tucked it under his flannel jacket—I ran and took him—I found this handkerchief and another one in his trowsers.
Prisoner. I stood about a minute and a half—I walked away about ten yards, and the policeman came and asked what I had got.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 18.— Confined Three Months.
JOHN BAIN . I live in Upper South-street, Paddington. On Saturday night, the 1st of Nov. I left the George Tavern, at Pimlico—I had two sovereigns and two half-sovereigns in one pocket—I was perfectly sober—the prisoner ran up against me and asked me to go with her—I put her out of the way, but felt at the same time her hand in my trowsers—I put her out
of the way—she turned off quickly, and wished me good night—I felt my pocket, and there was a sovereign lost—I followed her—she turned and asked what I followed her for, and did 1 suspect she had rohbed me—I said "Yes"—she began to be abusive and said she had no money about her—I followed her till 1 saw a policeman, and gave her in charge—the sovereign was found on her.
Cross-examined by MR. PAYNE. Q. What had you been doing? A. belong to a society called Odd Fellows, and I had been at my lodge from eight o'clock till twenty minutes to eleven, and this happened between eleven and twelve—I had had no spirits nor wine—I drank nothing but about a pint and a half of porter—the prisoner came in front of me—ray money wai in my right hand trowsers pocket—my flap and pocket is all one—as soon as 1 felt her attempt to put her hand into my trowsers I put her out of the way—I did mot walk with her—she was not with me altogether more than a minute, or a minute and a half—I did not give her any money—she did not ask me for it—8he appeared at the station as if she had been drinking—I went about twohundred yards before I gave her in charge—I kept up with her—the walked—8he was not out of my sight.
MARY ANN PORTER . I told the prisoner to take her clothes off at the station and I searched them—she said she had no money and I found none—I told her to open her mouth and she did—I said "You have a sovereign in your mouth, give it me"—she pulled it out of her mouth, and said, "Do you call that a sovereign?" I said, "Yes."
Cross-examined. Q. Did not she say it was given her for 1s.? A. No.
GUILTY . Aged 28.— Confined Three Months.
JAMES PINCHON . I employed the prisoner sometimes as a carter—I borrowed a cart on the 7th of Nov., and sent him with it empty for a load of dung—I told him to give the gentleman 4s., and there would be 1s. for himself—he fetched the straw out of my place, and sold it on his own account—he said he did it—he sold it for 2l. 9s. 8d.—he did not pay me a farthing of that money—he ought to have done so—if he had sold it and brought me the money I should have thought no more of it, though I did not authorize him to sell it, nor send him to sell it.
RICHARD SHILDER . I ajn a builder, and live in tne Commercial-road. On the 7th of Nov. the prisoner came to me with an empty cart—we had bad straw of him before—he had three loads of dung, and he said, "We had a load of straw at market, and had only 2s. offered for it"—I said, "What did you ask?"—he said, "30s."—I said, "I don't mind giving that for it; bring it"—he brought it—I paid him 2l. 11s. 8d. and be paid me back 2s.—it was Mr. Pinchon's straw—the same sort that we had three days before.
Prisoner. I lost the money.
GUILTY of embezzlement. Aged 20.—Recommended to mercy by the Pro-secutor. Confined Three Monthins.
HENRY COLLINGWOOD . I am a butcher, and live at No. 9, Cumberland-terrace. The prisoner was in my employ—if he received money, he should pay it immediately he came home—he came on the 27th of Oct.—he gave meno money—he left that night without notice, and did not pay it.
GUILTY . Aged 19.— Confined Three Months.
MR. BALDWIN conducted the Prosecution.
FREDERICK CRESSWELL . I am foreman of the drug warehouse at the London Dock—the prisoner was working there on the 11th of Nov.—we were working some rhubarb that day—the prisoner was amongst it as well as other men—this rhubarb partakes very much of the same nature as what we were working—the prisoner would have an opportunity of taking these pieces—it was in charge of the London Dock Company.
Prisoner. I picked the pieces up in the passage of the water-closet, and put them into my hat, thinking them nearly valueless.
(The prisoner received a good character.)
GUILTY . Aged 44.—Recommended to mercy by the Jury.— Confined Six Months.
85. MARY COTTERELL was indicted for stealing, on the 17th of Oct.,3 shawls, value 3l.; and 1 gown, 16s.; the goods of Charles Andrews, her master:—also on the 14th of Sept., 2 petticoats, value 3s.; 2 night-gowns, 4s.; 3 caps, 1s.; 3 shirts, 3s.; and 1 frock, 3s.; the goods of Frederick Crouch, her master; to both which she pleaded
GUILTY .† Aged 17.— Transported for Seven Years.
86. MARGARET M'DONALD was indicted for stealing 1 towel, value 1s. 2 yards of calico, 1s.; 1 purse, 1s.; 1 pair of gloves, 1s.; 1 sovereign,15 shillings, 3 sixpences, and 5 groats; the property of Joseph Rowe, her master.
SARAH ROWE . I am the wife of Joseph Rowe, who keeps the Pembroke Arms, at Kensington. We missed money from the till—I sent for an officer, and secured the prisoner's box—she was in my service—I found this towel and calico, and other things in it—this money was found in my own purse, which was found on her person after she was taken.
Prisoner. I had had some money when I went there; I got this money on the Sunday; 1 found this purse as I was cleaning the bed-room, and put my own money into it.
SARAH ROWE re-examined. The prisoner borrowed 1s. of me the week after she came—she was only with me six weeks—she had not, as she said, 1s. to buy her a clean cap for Sunday—the pot-boy lent her one also—she received no money of us—she took 2s. out of the till—I accused her of it, and she brought me them back again.
GUILTY . Aged 22.— Confined Four Months.
ELIZABETH BARK . I am the wife of Frederick William Bark; we live at No. 98, Golden-lane. The prisoner was in my service—these articles were the property of Morris Morris—my husband took the business of him at Michaelmas—he left some property behind, and my servant wu to deliver it to Mrs. Morris—the things were left with me in the house with others—I missed this brooch and the letter-stamp, with the other things, during the time the prisoner was with me, from Michaelmas to the 6th of Nov.—this it the property.
Prisoner. You left them in my charge; the letter-seal I purchased.
ISAAC WAKEFIELD (police-constable G 140.) I found this property in the prisoner's bedroom, the top room at Mrs. Bark's house—the prisoner stid," It is all your property, Mrs. Morris and Mrs. Bark; be merciful, and forgive me."
Prisoner. I was the only person in the house with Mr. Morris—I bought and sold—Mr. Morris knows that I offered him that stamp—I brought it in with some old brass, and I said, "Will this be of any service to you," and he said, "No."
Prisoner's Defence. On the 1st July I went into Mr. Morris's service, and three weeks afterwards his wife parted from him; I was left sole mistress; I used to buy and sell in the shop; we wanted to part with the business, and he said to me, "Betsy," which he used to calcine, "should you like it?" I said, "Yes" Mrs. Bark then applied for it, and she said, would I remain with them if she took it; I said, "Yes;" and then Mr. Morris said to me, "Buy as little as possible; I don't wish to increase the stock." I bought tome, and what I thought was reasonable I bought for myself, and took to my ownroom. When Mrs. Morris was there, the used to sleep with me, and her things were left there. I wrote last night to Mr. Morris's own lister, and Isaid, "If there is anything of Mrs. Morris's, let me know." I bought the seal of a man named Howe, and these handkerchiefs are my own.
MARY ANN MORRIS re-examined. They are mine—some of them are not marked; but this one my son wore round his neck—they were all left on the first floor, in the place where all my things were—the prisoner had no meant of buying things herself.
ELIZABETH BARK re-examined. Mr. Morris gave these things into my charge, and I let them remain down stairs, not in the prisoner's bed-room—I know these things as having been handed over to me by Mr. Morris—I saw them in a box in the front room first floor, and they were in the second floor when found.
NOT GUILTY .
88. SUSANNAH NEW was again indicted for stealing 12 aprons, value 3s.;2 pairs of drawers, 1s.; 3 shifts, 2s.; 16 handkerchiefs, 3s.; 1 pair of stays, 6d.; 1 knife, 2d.; 1 pipe tube, 6d.; 3 nightcaps, 1s.; 1 bonnet, 9s.; 9 shirt-studs, 1s.; 7 petticoats, 6s.; 2 flannel shirts, 2s.; 18 pairs of stock-ings, 5s.; 2 shawls, 2s.; 1 work-box, 1s. 6d.; 1 rule, 4d.; 6 necklaces, 3s.; 1 victorine, 6d.; and 1 pair of shoes, 4d.; the goods of Morris Morris:1 looking glass, 3d.; 17 aprons, 3s.; 10 handkerchiefs, 2s.; 2 shawls, 2s.; 3 coats, 3s.; 3 frocks, 1s.; 7 towels, 2s.; 6 pictures, 4s.; 8 spoons, 8d.; 8 printed books, 1s.; 3 drinking glasses, 1s.; 1 brush, 4d.; 2 snuff-boxes,1s. 2d.; 2 pairs of stays, 1s.; 8 shawls, 4s.; 5 shirts, 3s.; 4 pillow-eases, 1s.; 3 pairs of stockings, 9d.; 3 petticoats, 2s. 6d.; 3 spencers, 2s. 6d.; 1 shift, 6d.; 1 work-box, 1s. 6d.; 2 window blinds, 1s.; 1 salt-cellar, 6d.; and 1 bonnet, 1s. 6d.; the goods of Frederick William Bark, her master.
ELIZABETH BARK . 1 am the wife of Frederick William Bark. The prisoner was in my service—on the 5th of Nov. I missed all these articles—I sent for the policeman, and went to the second floor room, where the prisoner slept—I found there two boxes of clothes, one locked, the other unlocked—the policeman ordered the prisoner to open the locked one, and we found all these things in it—I consider them to be my husband's—they were bought in thestock of Mr. Morris—I am able to swear that—the prisoner said they were hers, and were not mine, but when the policeman opened the box, she said they were Mr. Morris's, and would we be merciful to her.
Prisoner. She said it was a pity my things should lie about, and she lent me a box; neither of them saw the things; I sent for the policeman.
ISAAC WAKEFIELD (police-constable, G 140.) The prosecutrix asked the prisoner to open her box—she did, and she said, "It is all yours, Mrs. Bark and Mrs. Morris, be merciful to me and forgive me," and she was for going down stairs.
Prisoner. I did not; she wanted me to open the box before the policeman came, and I would not.
JURY. Q. Was there any quarrel between you and your husband? A. We had parted, but my things were to be forwarded to me, and were left with Mrs. Bark for me—my husband put no more confidence in the prisoner than in a common servant.
ELIZABETH BARK re-examined. Q. You have seen these things that are laid as your husband's property—were they handed over to you and sold to you by Mr. Morris? A. They were, I am quite sure—I was with the prisoner in removing the parcels off the shelves—they were all in little bundles, and when my back was turned she took some, and put in her owu room—I saw her do it—I saw her rob me, but I did not know this business, and the prisoner was to assist and give me a knowledge of it.
GUILTY . Aged 42.— Transported for Seven Years
(There was another indictment against the prisoner, and she had been before transported.)
ALEXANDER COWAN . I am a general dealer, and live in Aldersgate-street. I had a pair of shoes in my window on the morning of the 14th of Nov., tied round a nail with a string—a person brought the prisoner back with the shoes in his hand—they were mine, and had been in my shop.
WILLIAM HAXLEY . I am in the employ of Mr. Bailey, of Aldersgate-street. I saw the prisoner take this pair of shoes and put them on the window, and then put them into a basket which he had—he came across—I tapped him on the shoulder and said, "You are my prisoner—take out thost shoes"—he took them out, went back, and put them down on the window.
Prisoner. I saw them marked 5s. 3d.; I took them down and put them into my basket; I was going into the shop to pay for them; I had got the money.
GUILTY . Aged 17.— Confined Three Months.
90. JAMES PANTRY was indicted for stealing 1 pair of trowfen, valve 3s.; 1 pair of boots, 6s.; 1 shirt, 1s.; and 1 handkerchief, 1s.; the goods of Charles Morris; and that he had been before convicted of felony.
CHARLES MORRIS . I live in William-street, Lissoo-grove. The prisoner lodged with roe, and slept in the same bed—he was in distress, and I paid for his bed—On the 12th of May I got up, leaving him in bed—I vent out, and when I came home I missed the articles stated—they were safe when I went out—I saw the prisoner afterwards—I said he had robbed me of a pair of trowsers, boots, a silk handkerchief, and a shirt—he said he was very lorry., and that he had worn the boots out, and sold the trow sen.
Prisoner. He was the cause of my losing a good place; be used to get me to gambling. Witness. I did not—I am a labourer, and lived at a situation in Marylebone-lane for two years when he lodged with me.
Prisoner. He could not have seen the trowsers the morning he went out; I had sold them three days before.
GUILTY . Aged 17.— Confined Nine Months.
NEW COURT.—Thursday, November 27,1845.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 17.— Transported for Ten Years.
92. JOHN HAMMOND was indicted for stealing 1 trowel, valve 2s. 6d., the goods of William James Clark; and 2 trowels, value 4s. the goods of Edwin Budd; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 18.— Confined Nine Mouths.
GUILTY . Aged 21.—Recommended to mercf.— Confined One Month.
ROBINSON WEBB ( City police-constable, No. 658.)—I was in Bishopsgate-street in the afternoon of the 21st of Nov., about four o'clock, and saw the prisoners attempting to pick pockets for some time previous to their getting up to the Flower Pot—I saw Timpson feel the coat-toils of several gentlemen a*they were passing along, and Jones was covering him—he had his bands in his pockets, and was standing behind him, so as to diminish the chance of other people seeing what Timpson was about—just before they get to the Flower Pot, 1 saw Timpson feel Mr. Wright's coat pockets—he then slack-ened his pace a bit, said something to Jones, and they both walked up to
Mr. Wright—Timpson put his hand into Mr. Wright's tail-pocket, and drew out this handkerchief with his right hand—Jones was then covering him—laid hold of Timpson, and took the handkerchief out of his right hand—I took both the prisoners into custody—Mr. Wright claimed the handkerchief.
JURY. Q. Had you seen the prisoners conversing together before this? A. 1 had—I had followed them from Spital-square, Bishops gate Without.
Timpson. Q. How long had you seen us together, and how far? A. should say it is about a quarter of a mile—you had been in company all along, and talking—I passed you once—there were a great many people passing when you got to the Flower Pot, and omnibuses in the street.
Timpson. There were plenty of people about, and they must have seen it; as I was crossing over, this prisoner happened to be passing, and the police-man caught me by the arm, and took me back to where the handkerchief was lying on the ground. Witness. I did not, it was not on the ground; took it out of his right hand; the pavement was particularly wet, and the handkerchief is not soiled at all; he made that observation, and 1 said to the inspector, "Look at the handkerchief, and see it is quite dry."
ELIAS WRIGHT . I am an Excise-officer, and live in Apollo-buildings, Walworth—this handkerchief is my property, and was in my pocket, on Friday morning, the 21st of Nov.—I went into the Flower Pot—I had had it in my possession half-an-hour before—I was in the Flower Pot when it was produced to me by the constable.
Timpson. Q. Are you quite sure it is yours? A. I am positive it is—I have no mark on it—I can swear to it by the pattern—I have had it some years.
Timpson. He says he had not used it for half-an-hour, and very likely he might have lost it before, and the policeman might be mistaken; the time-keeper was there, and he gave it into his hands.
ELIAS WRIGHT re-examined. Q. Are you quite sure it is your handker-chief? A. Yes—I was in the habit of using it—mine was exactly in the same state of wear as this is—I knew it the moment the officer held it up.
Jones, I was going up Bishops gate-street, the officer caught hold of me, and took me into the Flower Pot; I did not know what for; I saw Timpson there; when we got to the station he said Timpson stole a handkerchief.
JONES†— GUILTY . Aged 20.— Confined Nine Months.
TIMPSON*— GUILTY . Aged 20.— Confined Eighteen Months.
MR. ROBINSON conducted the Prosecution.
ROBBRT DOWNES . I live in Princes-street, Whitechapel, and am a bed-stead-maker—the prisoner was in my service a year and a half. I sent him on the 27th of Sept., to Mr. Carter, to receive 8l. 2s.—I gave him the bill, with directions to bring the money home as quick as he could, as the men were waiting to be paid—this is the bill—it was signed by my boy before it was sent—I did not see the prisoner again till he was taken into custody on the 10th of Nov.
ROBERT CARTER , Jun. I am the son of Robert Carter, who keeps a furni-ture warehouse in the Minories. On the 27th of Sept. the prisoner came about seven o'clock in the evening—he produced a bedstead and this account—I paid him 8l. 2s. and he left this bill with me—I partly keep my father's books—I paid the prisoner eight sovereigns and 2s., of my father's money.
Prisoner. When we were at Worship-street the prosecutor said to the boy, "Do you know the prisoner?" and he said, "No;" he called him aside,
and said that would not do, he must state the thing—they were talking together. Witness. Yes, but not about that; I said I should hardly have known him—that was on account of his having taken off hi* whiskers—he had been to our house three or four times—I have no doubt he is the man—he has signed bills with Mr. Downes's name, and I have paid him money before.
CHARLES OWEN ( policeman.) I took the prisoner on the 10th of Nov.—I told him he was charged with absconding, and taking 8l. 2s. belonging to his master, Mr. Dowries—he said he knew nothing at all about it, and he had never worked for Mr. Downes.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Nine Months.
JOHN EAST . I keep the Angel public-house, in the Back-road, Shad well. I took the house of Mr. Edwards—On the 7th of Nov. I found Bays in my cellar, quite drunk—he was not in my service, and I cannot say what could bring him there—there were some bricks in the cellar, and he was attempting to put a bag, with two or three bricks in it, on his shoulder, but he fell down—with my assistance he got up stairs, and Mr. Edwards took hold of him to torn him out of doors—I discovered two bottles of brandy concealed in the waistband of his trowser, and the brandy was running out of the bottle—I went for An officer—I went to my cellar, and examined a cask of brandy—I should say missed half a gallon from it—Bay's clothes were saturated with brandy—I charged Brown because he had been using the bag which Bays had got.
ROBERT EDWARDS . I live in Limehouse. My brother occupied the Angel before Mr. Easy had it—I left some bricks in the cellar there—I employed Brown to set two stoves in a cottage—I said there were some bricks in the cellar, and I gave him the sack to fetch some home—he went to Smith, the bar-man, and went to the cellar to get the bricks—in consequence of Brown not coming to work in the afternoon, and finding that the sack I gave him was with Bays, Brown was given into custody—he was not seen to take anything, but he was found drunk—Bays was very drunk—he had had brandy in the bottles, but he fell down—the brandy was running out, and his clothes were saturated with it.
CHARLES POTTER (police-constable K 212.) Bays was given into my custody by Mr. Easy—he was very drunk—I found two bottles between his waistband and his skin—his shirt and trowsers were all brandy, and there was brandy about the floor, and brandy ran out of his mouth—I got a cart, and took him to the station-house, and sent for a medical man—I told Bays the next morning what he was in custody for—these are the bottles he had.
Bays. I asked him what I was locked up for; he would not answer me; but in ten minutes he pulled the bottles out of his pocket, and asked me if I knew them; I gave him no answer.
Brown's Defence. I had been drinking, but not in his house.
Bays' Defence. I had been drinking all the morning; I do not know how I got into the cellar.
CHARLES POTTER re-examined, I produce a certificate of Bays's former conviction at this Court—(read—Convicted 3rd Feb., 1845, and confined nine months)—the prisoner is the person, and he had been summarily convicted before that.
BAYS— GUILTY . Aged 21.— Transported for Seven Years.
BROWN— NOT GUILTY .
Cross-examined by MR. DOANE. Q. When did you miss it? A. I really could not tell exactly, within a month, to the best of my recollection—I saw it next in the constable's possession.
JOHN PECK (police-constable H 87.) A man named Luke Quinn was charged with some offence, and I apprehended him—he is the prisoner's uncle—I found this snuff-box in his possession—I showed it to the prisoner, and told her she was charged with stealing it—she said, "I never saw the box, and know nothing about it"—I asked if she knew Luke Quinn—she said yes, but she never gave him the box—I found in her room two petticoats which the prosecutor claims, and fourteen duplicates.
ROSETTA MENSER . I am the prosecutor's daughter—I live with him. One of these petticoats belongs to me, and one to my sister—I am sixteen years old, and my sister thirteen—my father provides us with clothes.
Cross-examined. Q. The prisoner was in the habit of coming to clean the house? A. Yes, and to wash—she used to take the washing home—she might have taken these to wash, and not returned them.
LUKE QUINN . I am a working man. The prisoner is my brother's daughter—I had a snuff-box very much like this one in my possession—I gave it to the officer—the prisoner gave it me, and told me she picked it up.
NOT GUILTY .
GUILTY . Aged 19.— Confined One Year.
GUILTY . Aged 36.— Confined Three Months.
GUILTY . Aged 18.— Confined One Month.
MR. O'BRIEN conducted the Prosecution.
ROBERT LESTER (police-sergeant E 10.) I went to the parish church of Norwell, in Nottinghamshire, on the 10th of Nov., and got this certificate of a marriage from Rev. Edmund Herring, the curate—it was signed in my presence—I compared it with the register—it corresponded precisely with the entry, which was produced at the parsonage house, by the clerk of the parish—(read—Certifying Thomas Wright, bachelor, and Ann Clarke, spinster, were married by banns, 21st Sept., 1835)—I have another copy of a register from Shoreditch—I compared this with the entry in the register—it is correct—the minister had the register in the vestry of the church—(read—certifying thai Thomas Wright, bachelor, and Lydia Emery, spinster, were married on the 16th of March, 1845, after banns.)
MARY MORLEY . I am the wife of Thomas Morley, and live at Norwell, in Nottinghamshire. I saw the prisoner in the autumn of the year 1855, at Norwell church, when he was married to Ann Clarke—I was present, and was a witness to the marriage—I acted as bridesmaid—I saw her alive at Nottingham on the 12th of this month—I had not seen her for a long time before—I cannot say when they left Norwell—I did not see her after she left.
Cross-examined by MR. PAYNE. Q. How old was the prisoner? A. I cannot say—he was an apprentice, learning the business of a carpenter with his father, at the time of this marriage—I do not know how long he and his wife lived together—they separated by mutual consent, and he took the boy, and she the girl—I think he was not twenty at the time of the marriage—I do not know why they separated—I do not know that she lived with anybody else—I saw her in the inn where I staid at Nottingham—the prisoner was steady, sober, and industrious—his father is dead.
Cross-examined. Q. I believe you were bar-maid at the Jolly Anglers? A. Yes—the prisoner was in the habit of coming to that house—I gave him in charge, and prosecuted him—I had had a child by another man before I married the prisoner—I told him that when I first became acquainted with him—he never mentioned the circumstance to me—he wanted me to live with him after I left him—I discovered that he was married in Aug. last, and I left him about three weeks after, when I found it out—I saw him frequently after that—he wished to know where I lived, and I did not wish him to know—he took a gold watch from me—I first knew him a week after last Christmas.—he gave me money, and I have frequently seen him since I left him.
MR. O'BRIEN. Q. When did he take the gold watch from you? A. On the night I gave him in charge at the corner of West-street, New-road—I had been in the City, and he went home with me to the corner of West-street; he then snatched the watch from my side, saying, I was his lawful wife, and what was mine was his—he tore my dress in doing it—he then ran away, and I ran after him.
COURT. Q. Where did you get the watch the prisoner took from you? A. My friends gave it me when I was seventeen years of age—it was worth nine or ten guineas—the policeman has got it.
(The prisoner received a good character.)
GUILTY . Aged 28.— Confined One Year.
THOMAS WARNER . I am potman in the service of Mr. Bridge, at the Prince of Wales, Princes-road, Notting-hiii—the prisoner was potboy there, and slept in the same room with me. On the 17th of Nov. I went to bed about one o'clock—I sat on the bed-side, and counted my money—I had about 2l. 18s. 6d., and amongst it were seven half-crowns—I put it into a bag, which I put in my trowsers pocket, and put my trowsers in the chair—the prisoner got up first the next morning—I was called that day to give change for a sovereign, and I missed three half-crowns—I then missed the other money—I had taken change out of the bag before, but only for shillings and sixpences
I think my stock of silver was thirteen or fourteen shillings deficient—I had noticed the prisoner in possession of a pocket-book one Sunday evening.
Cross-examined by MR. PAYNE. Q. It was twelve in the day when you missed the half-crowns? A. Yes, and it was on the over night I counted my money—the prisoner had been there about five weeks—my master had given him warning.
HENRY JOSEPH BRIDGE . The prisoner was my pot-boy—I searched my premises and found in the rafters of the privy a pocket-book containing three half-crowns, some shillings and six pences, to the amount of 13s. 6d. altogether—I went to the prisoner and asked him if he knew anything about the money—(he had received warning to leave me about five days before)—in the first instance he stood still, and then said he was not guilty, and turned his pockets out—I then said, "What could induce you to do this?" because I understood this was his pocket-book—the book and money were shown to him—he did not own the book to be his—he was crying, and said, "I took the money because I was going to leave, and wanted money."
Q. Did he say he took it? A. Yes—I believe I said so before the Magistrate, or to that effect.
Cross-examined. Q. In what tone did you say, "What could induce you to do this?"—did you speak sharply to him and frighten him? A. I did not intend to do it—I took the pocket-book to him, and asked if he knew anything about it—he burst out crying, and to the best of my belief he told me he took it because he was going to leave.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Twenty-one Days
NEW COURT.—Friday, November 28th, 1845.
Fifth Jury before Mr. Recorder.
103. MARTHA LYNHAM was indicted for stealing 1 table-cloth, value 1s. 6d.; 3 frocks, 5s.; 1 spoon, 2s.; 1 scarf, 5s.; 1 pair of boots, 5s.; 1 sheet, 2s.; 3 shifts, 6s.; 1 cap, 2s.; 1 ring, 7s.; 2 table-covers, 6s.; 2 shirts, 7s.; 1 watch, 1l.; 2 towels, 3s.; 2 petticoats, 3s.; 8 napkins, 8s.; and 3 gowns, 7s.; the goods of Edwin King her master; to which she pleaded
GUILTY . Aged 40.— Confined Six Months .
104. WILLIAM MARLER was indicted for stealing on the 30th of Oct. 6 hair-brushes, value 7s.; and on the 1st of Nov. 4 hair-brushes, 5s.; the goods of James Henry Slater, his master; to both which he pleaded
GUILTY . Aged 21.—Recommended to mercy.— Confined One Month.
GUILTY . Aged 12.— Confined Fourteen Days .
(The prisoner received a good character.)
NOT GUILTY .
THIRD COURT.—Friday, November 28th, 1845.
Third Jury, before Edward Bullock, Esq.
107. THOMAS CALENDER was indicted for stealing on the 25th of Nov., 1 jacket, value 15s.; 2 waistcoats, 2s.; and 1 handkerchief, 2s.; the goods of Mustapa Sidamack, from a vessel in a certain port of entry and discharge.
JAMES WITTLETON (policeman.) On the afternoon of the 26th of Nov. between three and four o'clock, I was called to the shop of Mr. Phillips in the Back-road, St. George's, and saw the prisoner—he had a red waistcoat and a duplicate—Mr. Phillips told me, in his presence, that from information he had received from a Thames police-constable, he thought the waistcoat had been stolen—I asked the prisoner how he came by it—he said be bought it in Poplar for 6d.—I asked how he came by the duplicate, and whose clothes they were that were pledged—he said they were his own clothes—I took him to the station—I produce the waistcoat and duplicate.
MUSTAPA SIDAMACK (through an interpreter.) I am a sailor on board the Cinderella, lying in the London Dock. I do not know the prisoner—this red waistcoat is mine—also this other waistcoat, jacket, and handkerchief—I saw them safe in my chest in the forecastle from half-past eight to nine o'clock in the morning, and missed them about half-past five the same day, the 25th Nov.
CHARLES SIDNEY IRONS . I am chief officer of the Cinderella, which was lying in the London Dock last Tuesday morning—I came ashore about ten in the morning, and saw three or four persons standing on the quay—I firmly believe the prisoner was one, but cannot positively say.
THOMAS BAKER . I am assistant to Mr. Howley, a pawnbroker at Poplar—this black handkerchief and blue waistcoat were pawned between six and seven in the evening of the 25th of Nov. by a female, in the name of Emma Richardson—I gave the ticket found on-the prisoner to the person.
Prisoner's Defence. I was going down Poplar with my wife to buy a child a pair of shoes; a man came up, and asked if I would buy the red waistcoat; I said it was of no use to me; he said, "You shall have it cheap, if you or your wife will take these things to pledge;" I said, "No; I don't know whether they are stolen or not;" he said, "You may as well; I am going away in the morning; I want to keep them till I come back, and you may keep the ticket;" with that I allowed my wife to pledge them.
GUILTY Aged 23.— Confined Six Months.
ABRAHAM SMITH . I collect dust, which I sift, and sell the bones—I let them accumulate, and put them in a shed in Mr. Stroud's brick-field—I locked the shed door on Thursday evening, 20th Nov.—I had about ten bushels of bones there—I went to the shed again about six o'clock next morning, and found it had been broken open—part of the wall was pulled down—I missed about a bushel and half of bones—about ten o'clock in the morning of the 21st I received information from Osborne, and between twelve and one I went to the shop of Mr. Beecham, in Ball's-pond-road—I was shown some bones there, which I could swear were mine—there was some blue cotton on them, and so there was on some in the shed.
HENRY OSBORNE . I live with my parents in Tothill-street, Ball's-pond—about half-past six in the evening of the 20th of Nov. I saw the two prisoners and another boy come out of Paul's-place, from towards Mr. Stroud's brickfield—I
knew the prisoners before, and can swear to them—they each had a bag, and some bones were sticking out—the other one had an apron, and I could see plenty of bones in it—they went to Ball's-pond gate.
SUSANNAH BEECHAM . I am the wife of George Beecham—about seven o'clock in the evening of the 20th Nov., the prisoners and another boy came to my shop—I knew them before well—I bought some bones of them for 2s. 3d.—I afterwards showed them to the prosecutor.
Collenan's Defence. I never knew anything at all about the bones—I was not with them.
Catlins Defence. I never had anything to do with them; I did sell a few there, but I did not take them from this man's shed.
WILLIAM MACDONALD (policeman). I produce a certificate of Collenan's conviction from Clerkenwell—(read—Convicted 4th Dec, 7th Vict., of larceny, and confined six months)—I was present at the trial—the prisoner is the person.
COLLENAN— GUILTY . Aged 16.— Confined Nine Months.
CATLIN— GUILTY . Aged 14.— Confined Four Months
WILLIAM HOPGOOD . I am a labourer, living at Southall. On Saturday, the 9th of Nov., I was employed to drive a flock of sheep belonging to Mr. Coleman, to Smith field—as we went along one of the sheep fell lame, and I left it on the road-side at Acton—I spoke to James Tiller about it
JAMES TILLER (police constable T 119.) On Monday morning, the 10th of Nov., about a quarter to one o'clock, I was on duty at Acton—Hopgood spoke to me, and gave a sheep into my charge to send on in a wagon which I was coming up—I left it lying by the road-side while I went round my beat—when I came back in half an hour it was gone—the wagon had not come up—I looked into a field, and walked a short distance down—I looked over the hedge, and there saw the prisoner and two other men in the act of killing the sheep—as soon as they saw me they all ran away—I followed, and took the prisoner into custody 200 yards off, in a field of broccoli—he said when I took him, "You think you have got a pull"—I did not know what that meant—with the assistance of another constable I conveyed him to the station, with the sheep—I produce the skin of the sheep, also the prisoner's waistcoat, stained with blood.
Prisoner. Q. Did you see me killing the sheep? A. Yes, in the act of removing the skin.
THOMAS COLEMAN . I am a dealer in cattle, and live in Buckinghamshire. I sent a flock of sheep to Mr. Weedon, who sent them by Hopgood to Smithfield-market—when they arrived there one was short—I saw the skin produced by Tiller next day, and can swear it was the skin of my sheep—I bought eleven, which I marked myself—one was a brown faced one, and this was the very sheep.
Prisoner's Defence. I was going along the road and saw two men over the gate doing I knew not what; they asked me to come to them; I went, being intoxicated; directly I came to them the policeman came by; they said, "We had better run away," and we all ran off; they took me about 100 yards off.
GUILTY . Aged 24.— Confined Twelve Months.
JOHN GODFREY . I am assistant to James Edward Watts, a pawnbroker. On Friday afternoon, the 21st of Nov., I was standing in the shop—Mr. Watts' son said something to me, in consequence of which I missed this handkerchief, which had been pinned up inside the doorway for sale—I saw the prisoner about twenty yards off—he was brought back by young Mr. Watts, and I took him—I found the handkerchief which I had missed under his coat—this is it.
Prisoner's Defence. I had been to Richmond with some things for my master, I saw this handkerchief lying on the pavement; I picked it up and I went on.
THOMAS STYLES . I manage the business of Mr. Ashby, of Upper Thames-street. The prisoner has worked for us three years, and bore a very good character—he had been down to Richmond on this day with some goods, and; the policeman has the money which he received at the time.
NOT GUILTY .
SAMUEL PARNELL (police-constable M 192.) I produce a copy of the register of a marriage from the parish church of Bermondtey—I compared it with the register-book in the church—it is a correct copy—I had previously apprehended the prisoner at the Woolpack public-house. Castle-street, Kentstreet, St. George's—I produce another certificate of marriage, which got from the parish church of Upper Chelsea—I compared it with the. register-book, and found it was a true copy.
Cross-examined by MR. HUDDLESTON. Q. From whom did you get this? A. From Mr. Gibson, the rector—I saw him write it—I compared it myself—Mr. Gibson read out from the book while I held this in my hand, and I saw it in the book at will—I afterwards read it in the book, while Mr. Gibson held this—I can say it is correct—I got this other certificate from Thomas Fenn, the clerk—it is hit handwriting—I compared it in the same way as the other.
(The first was a certificate of a marriage at Bermondtey church, between John Lawrence, bachelor, and Sarah Collis, spinster, on 29th March, 1823; and the second, between John Smith Lawrence, widower, and Sarah Brockett widow, on the 11th of June, 1844.)
SARAH BROCKETT . I am a nurse in the Middlesex-hospital—I was married to the prisoner in June last year, by banns, at St. Saviour's church, Chelsea—I lived with him afterwards at his wife—I had no money.
THOMAS FARR (policeman.) I know this signature to be Mr. Cottingham, the Magistrate's, hand writing—I saw a person called Sarah Collis present at the time—she was shown to the prisoner—she is not here.
Cross-examined. Q. Were you present when these examinations were taken? A. Yes, by Mr. Taylor, the clerk—they were not taken before the Magistrate, but in an adjoining room—the prisoner's statement was taken down by Mr. Edwin on a slip of paper, in Court, before the Magistrate—was then copied from the slip of paper on to this, and read over to him—I did not see him make his mark—(read)—"The prisoner says, the woman present is the Sarah and Collis to whom I was married on 28th March, 1823, at Bermondsey church; I thought she was not living when I married sarah Brockett, also now present, John Lawrence (his mark) X."
MART CUSHOLD . I am a widow, and live in Castle-street, Kent-street, Borough—the prisoner was living with me between six and seven years—I have known a person named Sarah Collis, about eighteen years ago—I never saw her at the place where the prisoner and I lived—I saw her last Monday—the prisoner has never spoken to me about her—I cannot tell whether he gave me any reason why he could not marry me—I never spoke to him about marrying me to my recollection—he never said anything to me about Sarah Collis—I was examined before the Magistrate—I made a mark—I do, not know whether this is it—I do not recollect whether it was read over to me.
(The witness's deposition being read, stated, "For the last eighteen years I have known a female named Sarah Collis; the prisoner has frequently told me that female was his wife, and that he was married to her at Bermondsey church; that is the reason he gave why he could not marry me, as his first wife was alive.")
MARY CUSHOLD cross-examined. Q. When did you first become intimate with the prisoner? A. About seven years ago—I knew him eighteen year I ago—I cannot recollect whether it was then he told me she was his wife—It was not eighteen years ago that he mentioned it—I have not seen her for eighteen years till the other day—the prisoner got his living by going out with things in the street—both of us did so.
NOT GUILTY .
112. MICHAEL CRAWLEY was indicted for stealing, on the 29th of Oct., 1 purse, value 6d.; 3 sovereigns, 1 half-crown, 2 shillings, 2 sixpences, 2 pence, and 4 halfpence, the property of Henry Thompson, from the person of Maria Thompson.
MARIA THOMPSON . I am the wife of Henry Thompson, and live in Carnaby-street, Golden-square—on Wednesday, the 29th of Oct., I was walking in Shadwell with my little boy—I had a purse containing three sovereigns, half-a-crown, two shillings, two sixpences, and some halfpence—I saw the prisoner just inside the gate of the London Dock—I asked if he would be kind enough to direct me to the Hermitage Dock—there was a man inside the gate about two or three yards from him—the man said, "You can go through the dock and round the dead wall"—the prisoner was by—I went round the dead wall—the prisoner followed me, came up and said if I liked he would show me the way—I said, "No, thank you, my had, as you have been kind enough to direct me I can find it myself," he walked by me—as he was passing me I saw my gown lifted up on my right side where my pocket was—the prisoner left me and walked on—when had got a few yards I missed my purse—I know it had been safe not two minutes before—no one had been near me but him—I directly ran and caught hold of him by the collar, and said, "You have stolen my purse and money, all that I possess, and if you will give it me I will let you go; I am the mother of a family, and don't wish to hurt you"—I held him and sent for a policeman, who came and took him—there were six or eight boys surrounding him, some without hats and some without shoes.
JAMES WOODHURST (policeman.) About half-past three o'clock in the afternoon I found the prosecutrix holding the prisoner—she charged him with stealing her purse and money—he said nothing—it has not been found.
Prisoner. I know nothing about it.
NOT GUILTY .
SAMUEL BIRLEY . I am a licensed victualler, and live in Crutched-friars—the prisoner was my pot-boy—on the 24th of Oct. Mr. Gibbs called at my house with a friend to settle a little account with him—he asked me to give change for a 10l. note—I had not change, and they asked me to let my boy go and get it—I delivered the prisoner the 10l. note, and he went—he did not come back—I saw no more of him till he was taken into custody—he was to bring the change back to me—the note was delivered to me by the parties.
GEORGE CURTIS . I am a butcher, and live in Jewry-street, Aidgate—the prisoner came to me with a 10l. note and asked me for change for his master—I said, Who is your master?"—he said, "Mr. Gibbs?—he said, Who is Mr. Gibbs?"—he said he was living over at the livery-stables, which was close by—I gave him a 5l. note, four sovereigns, a half-sovereign, a crown piece, and two half-crowns.
STEPHEN GIBBS . I am a livery-stable keeper, and live in Crutched-friars—I went to Mr. Birley's to settle an account with Mr. Barry, a friend, whose property the 10l. note was—I was to receive some money from Mr. Barry—he tendered the note to Mr. Birley, and asked him for change—I use Mr. Birley's house occasionally—Mr. Barry went in to transact business, and he required change—the note was given to Mr. Birley to accommodate us with change—there was nothing to pay out of the note to Mr. Birley.
GUILTY . Aged 16.— Confined Six Month.
GEORGE SAMUEL KERRISON . I am carpenter of the barque Highbury lying at Black wall-basin, in the import-dock. On the 26th of May missed my jacket, which was hanging on the pin-rail on board—on the morning of the 22nd of Nov. I saw the prisoner as I was coming into the dock—he had my jacket on—I asked where he got that jacket from, and laid it was mine—he said, "I bought it of a man for 18d. in the dock, and if you give me the 18d. again, you shall have it"—I said I had bought it once, and would not buy it again—this is it.
Prisoner. Q. Did you make any inquiry after the jacket before you went to sea again? A. Yes, as soon as I lost it, and I gave a description of it to, the foreman of the transport-gang.
THOMAS GLADWELL . I am a constable in the East and West India Docks. The prisoner was given into my charge—he said he had purchased the jacket of a man who had been since killed in the dock by the fall of a derrick—I have referred to the dock-books, and find that a man was killed in that way.
Prisoner. He can give me a character. Witness. He has been occasionally employed as an extra labourer, and always conducted himself well.
NOT GUILTY .
WILLIAM FRANCIS . I am an ironmonger, and live at No. 21, Chapel-street, Islington. On Saturday night, the 22nd of Nov., I slept at No. 16, West-street, Smithfield—I had with me four sovereigns, and 4d. in copper—I put the sovereigns into my waistcoat-pocket, and put my waistcoat under my pillow—the copper was in my trowser's-pocket, on the bed—Alfred Knight, the prisoner, and three others, also slept in the room—six altogether—the prisoner slept in a bed about a foot from mine—I awoke between six and seven in the morning—I found my waistcoat, but the sovereigns were gone, also the coppers from my trowsers—one halfpenny was marked, and I could swear to it—the officer has it—the prisoner was charged with this, and produced some money.
Prisoner. Q. Did you say you missed anything before a handkerchief belonging to another person was found under your head? A. No, I did not—I found a handkerchief near my waistcoat—every person in the room was called upon to show their money, and the marked halfpenny was found among the money you produced the second time—it is beaten with a hammer—I had noticed it the night before—it is marked all over.
ALFRED KNIGHT . I slept in the room—the prosecutor complained of losing his money—every person was called upon to show his money, which they did—the prisoner was the last to do so—I saw a halfpenny among his money, which I knew.
FRANCIS TAYLOR . I am landlord of the house. I was called up on the Sunday morning, by Knight, who said he had lost some money—I went up into the room, and told them if they were honest, to show what money they had about them; and they all voluntarily did so—the prisoner showed his money—among it was 6d., and a halfpenny, which were identified by the prosecutor and Knight—the halfpenny was battered very much—I took the money into my possession, sent for a policeman, and gave it to him.
Prisoner. Q. Did not I show my money directly you asked me? A. Yes.
Prisoner's Defence. I had 4s. 8d. found on me, which was my own money; I had taken it in change at a public-house; there are plenty of halfpence marked and beaten.
NOT GUILTY .
ALFRED KNIGHT . I work for Mr. Simpson, a tin-foil manufacturer, in Leather-lane. I was sleeping in this room in West-street, on the 22nd of Nov.—I had the money stated, which I put in a silk handkerchief in my trowsers pocket, under my head—about seven o'clock next morning I
missed the money out of my handkerchief, but the handkerchief was put I back again into my pocket—I went down and told the landlord, who came up, and said every man should be searched—they all showed their money—the prisoner showed his—they all showed their money a second time—the prisoner then produced two shillings, four sixpences, three pence, and two halfpence—one sixpence I could swear to as mine—it had a dent in the middle—the prisoner gave me his money, and I gave it to the landlord.
Prisoner. Q. How much money did I show you? A. The first time, two shillings, three penny-pieces, and two halfpence; the second time, two shillings, four sixpences, and eight pence in copper—I had had the sixpence since Friday night—I at first thought it was Francis who had robbed me, because a silk handkerchief of mine was found under his head; but when the sixpence was found, I thought it was you.
WILLIAM FRANCIS . I was sleeping in the same room with Knight—I saw the prisoner show his money in the morning twice, but did not notice it—I saw more the second time than the first—I saw him hand Knight 2s. 6d. and some halfpence—Knight showed me a sixpence, which I should know again.
FRANCIS TAYLOR . I am landlord of this house—I ordered them all to produce their money on the Sunday morning—the prisoner produced some—among it was a sixpence which Knight identified—I took it all and gave it to the policeman.
Prisoner's Defence. I took the money on Saturday night in change for half-a-sovereign; I was searched once before the landlord came up, and I took off every thing for him to search me again.
NOT GUILTY .
ELEANOR JONES . I am a widow, and live in Bowling-green-lane, Clerkenwell. On Saturday morning, the 18th of Nov., between eleven and twelve o'clock, I saw a boy go into Mr. Dicks's shop, which is opposite me, take a bundle of cigars out of the window, and come out again in a minute or two—he went straight down the street—I saw no one else in the shop but him—I went over, and gave information—I had known the prisoner about, bat I did not know it was him at the time—he was brought to me on the Thursday night—the boy that came out of the shop appeared like the prisoner—I could not swear it was him—it was only a momentary glance.
HARRIET TRACEY . I am the wife of Isaac Tracey, and live in Wood's-place, Bowling-green-lane, Clerkenwell. On the Saturday in question, before eleven o'clock, I saw the prisoner come out of Mr. Dicks's shop—I am sure it was him—I had known him before for years, and can swear it was him—he had a bundle of cigars with him, which he was in the act of putting under his coat—I saw which way he went—about a minute afterwards ho joined another boy rather taller than him, and they went away together.
JOHN THOMAS DICKS . I keep a tobacconist's shop in Bowling-green-lane, Clerkenwell. I was from home when this occurred—I came home between eleven and twelve o'clock, and missed a bundle of about 200 cigars—I had seen that bundle safe in the window at nine o'clock that morning—when
I came back Mrs. Jones gave me information, and distinctly told me it was the prisoner—I gave him into custody.
Prisoner's Defence. It was not me; I was not there at the time; if they had known it was me, they would have fetched me before; I was at home from the Saturday till the next Thursday; I was in Farringdon-market from six o'clock till between twelve and one that Saturday morning.
WILLIAM JAMES SIMPSON (policeman.) I produce a certificate of the prisoner's former conviction from clerkenwell—(read—Convicted 3rd Dec., 8th Vic, of larceny, and confined six months)—I was present at the trial—he is the person.
GUILTY . Aged 18.— Confined Twelve Months.
118. JOHN WHITEHEAD was indicted for stealing, on the 12th of Nov., 21bs. of nails, value 1s. 6d.; 7 oz. of copper, 3d.; and 4 oz. of metal, 2d.; the property of Duncan Dunbar, in a vessel in a port of entry and discharge.
WILLIAM LONG . I am a constable in the East and West India Docks. On the evening of the 12th of Nov. I stopped the prisoner as he was going out of the dock, searched him, and found 2lbs. 3oz. of copper nails and 30z of composition, some concealed in his watch fob, and some screws up the sleeve of his jacket—I asked how he came by them—he said they were a few he had been making use of on board a ship for his employer, and he had forgotten to take them out.
SAMUEL PALMER GLADSTONE I am a ship wright prisoner as in my employ on board the ship China, which belongs to Duncan I Dunbar; I am his superintendent. These Thingsbelong to him—I saw such things on board about eleven o'clock in the day, and missed them when I went on board—the prisoner is a joiner—he had nothing to do with these nails and screws, and had no business with them—this screw-bolt belongs to the ship.
Prisoner's defence. I was not employed by this gentleman, but by his foreman, who set me to copper the hull; on Wednesday he told me to sort all the copper nails up, and take them in the basket to the shop; the basket was not on board, and I put some into my pocket; I should have taken them to the shop had not been stopped.
MR. GLADSTONE re-examined. He must have taken this screw from the sideboard drawer in the cabin—he left seven behind; there were eight, all tied together, and put into the drawer.
GUILTY . Aged 58.— Confined Three Months.
GUILTY . Aged 22.— Confined Three Months.
(The prisoner received a good character.)
WILLIAM AUGUSTUS BROWN . I am an upholsterer, and live in Charles-street, Hackney-road; the prisoner was in my service as porter. On the 30th of Aug. I gave him a chair to take to Mr. Harding, and told him, if it
was not approved of, to bring it back forthwith—he took it away, but did not return—I never saw him again till he was ill custody.
Prisoner. The chair was delivered to me, not to take to Mr. Harding, but to get what I could on it; I was to bring 23s. home, and keep all I got above it. Witness. It was not given him to sell.
GEORGE DARLING . I live in Alfred-street, Islington, and am foreman to Messrs. Harding, upholsterers, of Fore-street; they deal with Mr. Brown—we received no chair from him on or about the 4th of Aug.
GEORGE TEAKLE (police-constable H 8.) On Monday evening, the 17th, took the prisoner into custody—I told him he was charged respecting the chair belonging to Mr. Brown—he said he should like to see Mr. Brown; there might be a little wrong towards him, but it was never of any benefit to himself, for he had let a person named Harris have the chair to sell, and he had acted the rogue towards him, and had never given him a penny of the money.
Prisoner's Defence. The chair was delivered to me to sell; I walked about till I was tired; I delivered it to the man mentioned by Teakle; he sold it, and kept the money.
GUILTY . Aged 65.— Confined Three Months.
THOMAS WELLS (police-constable C 1.) About half-past five o'clock on the evening of the 20th of Nov. I saw the prisoner in Silver-street—he crossed Cambridge-street into Pulteney-court—he had a large doormat under his arm—I followed and stopped him, and asked where he brought it from—he said from Gee's-court—I asked where he was going—he could not answer me, and I took him into custody—in going to the station he asked, "Why not take the other who ran by you? he was with me when we took the mat"—(I saw no other)—I said, "Where from?"—he said, "From? house on the left-band side in Bond-street"—I made inquiries, and found it was stolen from the Clarendon Hotel—the prisoner told me he had been tried and convicted before at Clerkenwell.
Prisoner's Defence. I did not take the mat; the other took it; I was not aware where he took it from.
WILLIAM CONNER (policeman.) I produce a certificate of the prisoner's former conviction from Clerkenwell—(read—Convicted 10th Sept. 8 Vict., as George Rice, of larceny and confined three months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 21.— Confined Twelve Months.
JAMES LITTLE . I am groom and carman to Joseph Brown, a statuary and marble-mason, in University-street, Tottenham-court-road. On the 3rd of Nov., about seven o'clock in the evening, I missed this marble statue of a cow from the entrance, close against the gallery door—I cannot exactly say when I had seen it safe—I had not seen it that day, and am not sure of having seen it the day before—it is Mr. Brown's property—it is heavy—one person could not carry it—it stood in a passage open to the public—it was found at Mr. Whistler's, in the Strand.
Cross-examined by MR. CARTEEN. Q. Was this an article for sale? A. Yes—I have nothing to do with the selling—there are persons who have—they might have been here—it has not been sold for inquired—my master has no partner that I know of, nor any other name—the prisoners were not in his employ.
FRANCIS HARRISON . I am in the service of Mr. Whistler, a pawnbroker in the Strand. On the 1st of Nov. I saw the prisoners there—I knew Davis before by the name of Harrison—they had this cow with them—Davis said he wished to pledge it, and he pledged it in the name of Harrison—I am sure he is the man—I did not know Cleary before—about a week after, Davis came again, and wished more on the cow—I gave him a sovereign—I did not see him again till he was in custody—the cow still remained in my master's possession.
Cross-examined. Q. I suppose you have a great number of people in the shop during the day? A. Yes—I advanced 30s. on this at first—we have a person named Jones in our employ—Davis addressed him when he came, and Jones advanced the 30s.—I made out the duplicate—I am under Mr. Jones—I saw Davis again one day in the next week—I did not hear Davis ask Jones, to make a larger advance on it, nor Jones tell Davis to call again and he would do so—I advanced him the sovereign—I did not see Jones give him 5s.—I have no recollection of Davis calling a third time, nor of Mr. Jones refusing to advance more, but saying he would buy it for 15s.—I am not aware that Davis parted with the duplicate to Jones—Jones could have been here—what took place was principally with him.
JOESPH THOMSON (policeman.) I apprehended Cleary—I told him it was for stealing a marble cow—he said he knew nothing about it—I afterwards apprehended Davis—I told him it was for stealing a marble cow—he called me to him at the station-house—Cleary was not then present—he said, in Cleary's presence, at the station, "I have pawned the cow for the man over the way, Cleary, and Jerry—I said, "Do you mean Jerry Lewis?"—he said, "Yes"—I took him over to Cleary, who was under a remand, and said, "Is that the man you pawned it for?"—Davis said, "Yes"—I said, "You hear that, Cleary," but he said nothing.
Cross-examined. Q. I believe you apprehended Lewis? A. Yes—he was I taken to Bow-street and examined—he did not enter into recognizance to appear on the 22nd of Nov.—I have not, to my knowledge, seen him since he was discharged before the Magistrate—I am not aware that I said Jerry was too wide awake to make his appearance at Bow-street—the generality of these thieves are pretty wide awake—I might have used such an expression—it is quite possible, because it is such as I should make use of about such a character.
NOT GUILTY .
THIRD COURT.—Saturday, November 29th 1845.
Fourth Jury, before Edward Bullock, Esq.
123. WOLFF TIETZNER was indicted for stealing 2 casks, value 1s.; 130lbs. weight of butter, value 6l. 9s.; 112lbs. weight of biscuits,-25s.; 58lbs. weight of bacon, 1l. 9l.; 56lbs. weight of flour, 12s.; and 13lbs. weight of cheeses, 7s.; the goods of Thomas Reynolds; NICHOLAS POPART , for inciting him to commit the said felony; MOSES HAKAL , for feloniously receiving the same, well knowing them to have been stolen; and HANNAH DAVIS , for feloniously receiving 15lbs. of flour, part of the same, well knowing it to have been stolen.
(The prisoners Tietzner, Hakal, and Davis, being foreigners, had the evidence communicated to them by an interpreter.)
THOMAS REYNOLDS . I am a general dealer in provisions, and live in King-street, Tower-hill. On Monday afternoon, the 10th of Nov., about five o'clock, the prisoner Tietzner, came into my shop—he told me he wanted some provisions—he looked at a cask of butter, and said he wanted half a hunredweight—I showed him two casks, which he had weighed—he then selected a bag of biscuits and two cheeses—there was about 130lbs. of butter—he spoke broken English—I could understand him—I asked who he was—he said, "Captain Korakin, of the brig Twaan"—he wrote it down on this piece of paper, and gave it me—he also wrote his name, with a lead pencil, on another piece of paper, directing me where to take the goods, to Captain Korakin, of the brig Twaan, or Tewan—I asked him where his ship was—he said, at Deptford—I asked him who his broker was—I could not understand him—he showed me a card, which I have not got—the prisoner kept it—it had on it, "J. Smith, late Soulby, ship-chandler, 126, Wapping"—he said nothing more about any other goods at that time; but while I was conveying them to Mr. Soulby's, he came and ordered more goods—I was not there then—I took the goods down to Mr. Soulby's, according to his directions, and left them there, with the bill—he said nothing about the money for the goods, the first time—he said the second time that he was going to his broker's to get money—I saw him again on Wednesday morning, the day but one after, and he gave me an order for peas, coals, and potatoes—they were not sent down, as he said his ship was coming into the London Docks—I went to Mr. Soulby's on the Wednesday, and the goods were gone—I found no money left for them—in consequence of what Mr. Soulby told me, I went with Murphy and a constable to a house at the corner of Houndsditch—we rung the bell—the prisoner Hakal opened the door for us—we asked him where the goods were—he said the goods were gone—I described the goods to him—I asked him about the man—he said he was gone also—we searched the house, and found part of the goods in Hakal's room, the back room, second floor—the biscuit was in the bed, covered over with some things—I could identify every one of the things—I found the casks by the side of the bed, in the same room—part of the butter was gone, and the cheese was also gone—I have since been to the London Dock—I found no such vessel as the Twaan, nor any name like it.
Tietzner, It is false all that is said.
Cross-examined by MR. ROBINSON Q. I believe there is good deal of your property that you did not find in the house? A. I found all except the cheese and part of the butter—I believe it is a large house—I did not know Mr. Soulby before this.
JOHN LLOYD . I lodge with Mr. Reynolds, and sometimes assist him. On Monday evening, the 10th of Nov., about six o'clock, while Mr. Reynolds was out, Tietzner came in—I had seen him with Mr. Reynolds about an hour before—there was a side of bacon hanging at the door—Tietzner told me to take it down, cut it in half, and weigh it—I did so—he then ordered some flour—he told me to send it the following morning before eight o'clock to Mr. Soulby's, that they might go with other goods from Mr. Sculby's, down to Deptford—I could understand him perfectly well, and he understood me.
Tietzner. I did not order anything with him.
THOMAS CANNON . I am shopman to Mr. Soulby, a ship-chandler, 126, High-street, Wapping—on Monday, the 10th of Nov., between one and two o'clock in the day, the prisoners, Tietzner and Popart, came together—Tietzner laid hold of a piece of brown canvas that was on the counter, and Popart said
the captain wanted some better bleached—I took them up into the sail-loft, and showed them a better sort—he ordered a bolt of No. 4 canvas, and a bolt of No. 6, two gallons of oil, one hundred weight of the best lead, and two fenders—Popart told me that Tietzner wanted them—Popart acted as interpreter—he spoke English to me—I asked him the captain's name when we came out of the sail-loft, and he wrote on the slate "Captain Korakin, of the Russian brig, Evon, lying off Deptford"—my master took them into the counting-house—they said they wanted to buy some provisions, and he recommended them to Mr. White's, of East Smithfield—they then spoke together—I could not tell what they said—after that Popart told me the goods were to go to the ship at Deptford on the following morning—he asked Mr. Soulby if he would take any provisions in that came, and keep them till the ship came up to the East Dock, London Dock, on the Wednesday—he asked as interpreter—my master said he would—on the next day our goods were sent down to Deptford—I was in the shop, and helped to carry them into a boat—I did not go with them—they were afterwards brought back to the shop by the waterman that took them—he is not here—I went round to the London Dock on the Tuesday, but could not see such a ship as the Evon—I went again on the Wednesday and could not see her—about four o'clock on the Tuesday I saw Tietzner again by himself—he came and shook hands with my master, and I told him his vessel was coming into the East Dock, London Dock, on the day after to-morrow—on the Monday I saw a bag of biscuits and two firkins of butter at our place for Captain Korakin—I was not in when they came—on Wednesday morning, about ten o'clock, Tietzner brought a cart and said he was going to take the things back to Mr. Reynolds as they were too dear—he had Murphy with him—the things were put into the cart and went away—Tietzner went with it along side the cart—I do not know whether be stepped up in the cart or not.
Tietzner. I showed you the account on Tuesday, and then said it was too dear. Witness. I did not see him show the account.
Cross-examined. Q. You only saw Popart once at Mr. Soulby's, when he came and acted as interpreter? A. That is all—he spoke to Tietzner, who gave him directions.
WILLIAM MURPHY . I am a carman, in the employ of Mr. Potter, of Brown Bear-alley—on Wednesday morning, the 12th of Nov., about nine o'clock, I was with my cart on the stand at the London Dock—Popart and Tietzner came and hired my cart—Popart said to my master, "Is that cart I hired?—my master said, "No"—Popart said, "How much will you charge to take some things into Houndsditch?"—my master said 3s.—he then asked Tietzner whether he would give the 3s.—Tietzner spoke, but my master could not understand him—Popart then said the captain would give half-a-crown—we at last agreed to go and I went to Mr. Soulby's—Tietzner went with me—there received two kegs of butter, a bag of biscuits, a side of bacon, and a bag of flour—I took them to a house in Houndsditch—Tietzner went with me—he told me to go up Old Gravel-lane—I went—he wanted me to go up White Lion-street—I told him it was blocked up—when we got to the Mint he jumped out of the cart and ran over Tower-hill—the cart was then passing Mr. Reynolds's shop—Tietzner told me to make haste by, to the top of the Minories—he went on into Houndsditch and got into the cart again afterwards—he told me to stop at the corner shop, at Bishopsgate-street—he there rang the bell, and Moses Hukal came to the door—he spoke to me in English, so that I could understand him—he ordered me to fetch the things in, and I did—Tietzner paid me, and I went away—I afterwards went with Mr. Reynolds and the constable to that corner house—the bell was rung, and
Hakel answered the door—we went and looked for the things down stairs, but could not find them—we asked him where the things were—he said the man was gone and the things too—we went up stairs and found some of the things—they were the same things I had had in the cart, all of them except the butter—Hakel was present when they were found—he said nothing when they were found—he said Tietzner had left them, and that he had said he was coming back in two hours for the rest of the things—one thing I should state is, that when Tietzner got as far as the Mint he bit his lips.
Tietzner. I was not in the cart; I walked all the way. Witness. He did not.
Cross-examined. Q. Before Popart asked what your master would charge I believe Teitzner had asked, and your master could not understand him? A. Yes, there was some conversation between Popart and Tietzner, and then Popart asked the question.
HENRY CHAPMAN (City police-constable, No. 648.) On the 12th of Nov. Mr. Reynolds called me—I went with him to the house at the corner of Bishopsgate-street and Houndsditch—Murphy went with me—Hakal opened the door—I asked him where the goods were gone that were previously brought to his house—he said they were gone, and the man too—I said, at the house was an empty house, I should like to search it—he said, "Very well"—I went up stairs—he went with me—I searched the house, and in the back room I found the whole of the property, which Mr. Reynolds immediately identified, with the exception of two cheeses and part of the butter—I asked Hakal where the cheeses and butter were—he said the man had gone away with it in a large bag on his shoulder, and he was going to return again in two hours for the other part of the property—I took him to the station-house—the inspector let him go at large on his promising not to remove the goods till he saw Mr. Reynolds or me—I particularly cautioned him that they were taken under false pretences—he spoke English very plainly, indeed, when first saw him at the house, but before the inspector he would not understand a word that was said—I know be is a foreigner—I have known him in the house for some months past, being on the beat—I saw Davis sitting at the table at needlework in the front room where Hakal was—I told her the goods were obtained under false pretences, and she was not to allow any to be moved out of the house till she saw me or the prosecutor; and she proposed that the carman should remain in the house till Tietzner returned for the goods—Murphy was left to watch inside the house, and Lloyd watched outside—afterwards, about four o'clock, I met Davis at the corner of Cutler-street, Houndsditch, with something very bulky under her dress, walking very askwardly with it—I stopped her, and asked what she had under her dress—she seemed completely confused, and said, "Oh, dear!" or "Oh, God!"—I took her to the station—I saw this bundle of flour drop from under her gown—I compared it with the flour I had seen in Hakal's house, and as far as I could judge they appeared to be the same.
Cross-examined. Q. I believe Hakal was quite willing for you to Search his house? A. Yes, he went up stairs first, and I followed him.
EBENEZER KIBBLEWHITE (City police-constable, No. 645.) On the evening of the 12th of Nov., about eight o'clock, I went after Tietzner—I saw him come out of a house in Camomile-street—I followed him as far as a butcher's shop, about twelve doors off, and then took him into custody, just as he was calling for a cab—took him to the station—he had on him this cheese, wrapped up in a piece of paper.
know Tietzner and Popart well—they lodged in that house together in one room with me.
Tietzner. We used to live in the same house together, but only for the last fortnight.
HENRY JOHN PEMBROOK . I am an inspector of the Thames police—I have been to the Custom-house, and to several of the docks, to try to find a ship named the Evon, Twaan, Tewan, or anything like it, and could not find any such vessel.
THOMAS REYNOLDS re-examined. I took the first lot of goods myself on the Monday evening—I also took some on the Tuesday morning—I saw Mr. Soulby, and he told me something—I delivered the goods to Mr. Soulby, I and told him not to part with them until they were paid for.
The prisoner Tietzner, in a very long defence, stated "That on the 4th of Nov., at Deptford, he was employed by a person who represented himself as Captain Korakin, of the Ewan, to purchase the goods and provisions; that, not being able to speak English, he took Popart with him as an interpreter; that he paid Mr. Reynolds 6l.8s. on account, who gave him the cheese as a percentage on the goods, which were taken to Mr. Soulby's, by order of the person who employed him; that afterwards, finding Mr. Reynolds had over-charged him, he determined to take the goods back, and employed the cart for that purpose, but having the cheese at his own house, he left the goods with Hakal, knowing he had an empty room, while he went to see if the ship had arrived at the London Dock; finding it was gone from there, and that the captain had made a fool of him, he fetched the cheese from his lodging, and was about calling a cab to take it and the other goods back to Mr. Reynolds, when he was taken into custody; he also stated that he gave small quantity of the flour and butter to Hakal."
TIETZNER— GUILTY Aged 29.— Transported for Seven Years.
POPART, HAKAL, and DAVIS— NOT GUILTY .
GUILTY on 2nd COUNT . Aged 44.— Confined Six Months.
JOHN WILMOT . I am a market gardener, and live at Isleworth—the prisoner came to me on the 27th of Oct., and delivered to me this letter (this letter purported to be from James Taylor, and was dated Sion-gardens, 27th of Oct., 1845, requesting the loan of 2l. 10s. for the bearer, a friend of his, just arrived from Edinburgh, who had been engaged for three years, and who was in want of some money to purchase things to send home)—the prisoner said he was come to Sion-gardens, and that he had brought this note from James Taylor, who have known a great many years as foreman at the Duke of Northumberland's gardens—I asked the prisoner what he was going to do with the money—he said he wanted to go back to Scotland, and as the vessel sailed that night, he wanted to get a few things to get home again—I saw him two sovereigns and a half, as wished for in the letter.
Prisoner. Q. Have you got any document to show I ever got that money? A. No, I am sure I gave it you.
know the prisoner—he was in the Duke's employ about six months nearly three years ago, but was not at this time—this letter was not written by me—I know nothing whatever about it—I never directed the prisoner to take it or get the money for me.
GUILTY . Aged 26.— Confined Six Months.
(There was another indictment against the prisoner.)
GUILTY on 3rd COUNT Aged 40.— Confined Twelve Months.
NEW COURT.—Saturday, November 29th 1845.
Sixth Jury, before Mr. Common Sergeant.
WILLIAM HENRY MARTIN . I am an umbrella-manufacturer, at No. 64, Burlington-arcade. On the 17th of Sept. the prisoner, who was a stranger, came and asked to look at some canes and whips, which I showed him—he said he had not time to stop, I must bring them to his apartments, No. 13, Hans-place, Chelsea—I took them, and waited about two hours; I was then taken up stairs, and saw the prisoner—he said he had not time to look at them then, but asked me to leave them till the next morning for his inspection—I left two canes, two whips, and an umbrella—I went the next morning, and the prisoner and the goods were gone.
Cross-examined by MR. CLARKSON. Q. How many did you take to his lodging? A. I cannot say, but I left two canes, two whips, and a silk umbrella for his inspection—I took a tandem whip and a gig whip, which he made a selection of, and gave them me to put his crest on by the next morning, and to bring them, that I might know whether the other things suited him or no—I do not tax him with taking them, but those which I left—I did not trust him with them—I never saw him before he came to my shop.
Cross-examined. Q. Were there not two other persons at the lodgings?
A. There were two servants, but no gentleman in the room beside the prisoner.
JOHN MLAREN I am shopman to Mr. James Stevens, a boot-maker, in Oxford-street. On the 18th of June the prisoner came to the shop, and I fitted him with a pair of Wellington dress boots, which came to 30s.—he had not money sufficient in his purse to pay, and told me to follow him to the Albany, which I did—he said, "Step out," and I walked as fast as I could—he took me to the house letter I—he told me to wait a few minutes—he went up stairs—he knocked very hard, and he said, "My old woman is gone to sleep"—he went down, and told me to wait there—I waited there nearly half an hour—I was not aware that there was a passage through—he had run away; he and the boots were gone.,
Cross-examined by MR. CLARKSON. Q. Are you certain he is the person? A. Yes—I had every opportunity of talking to him in going along—it was about a quarter to ten o'clock at night.
GUILTY . Aged 20.— Confined Six Months.
(There was another indictment against the prisoner.)
132. WILLIAM KING was indicted for stealing 1 coat, value 2l. 10.; 1 wrapper, 15s.; 1 jacket, 1l. 10s.; 1 child's robe, 1l., 10s.; 2 shirts, 15s.; 1 pair of trowsers, 15s.; 1 waistcoat, 10s.; 1 carpet bag, 2s.; 1 leathern case, 2s.; 1 order for the payment of 5l.; and 1 bill of exchange for 40l.;. 17s. 4d.; the property of Thomas Jordan.
MR. CLARKSON, on behalf of the prosecution, offered no evidence.)
NOT GUILTY .
133. THOMAS BAREFIELD and THOMAS GOULD were indicted for breaking and entering the shop of Thomas Bailey, and stealing therein 3 guns, value 1l. 10s.; 3 bayonets, 3s.; 1 vice, 15s.; 7 planes, 14s.; 7 chisels, 8s.; 5 gouges, 3s.; 3 files, 1s. 6d.; 2 braces and bits, 13s.; and 2 centre-bits, 1s., his property.
MR. BALDWIN conducted the Prosecution.
THOMAS BAILEY . I am a gun-maker. I carry on business at my shop, No. 29, Little Alie-street, Whitechapel—I do not sleep there—I live in the Commercial-road—on the morning of the 7th of Aug. I went from my house to the shop—I found it had been broken into and robbed—the door of the shop and warehouse were left open—when I went to unlock my shop-door I found it unlocked—I missed a vice and several other articles—I then went to my warehouse, which had been locked up, and it was broken open—I unlocked the door of my private place, and found the three guns were gone which had been put by for a merchant—I found something missing from three different apartments—Barefield was in my employ, and had a key by which he could get into the shop—he begged for it, and I allowed it him, as I expected he was going to be an altered man—I permitted him to have it that he might go to work in my absence—I believe he had been at work on the 6th of Aug.—he had been in and out—I just saw him—I never saw him again after the 7th till he was taken into custody—I had seen this property safe on the night of the 6th of Aug.
Cross-examined by MR. BALLANTINE. Q. Barefield was rather a drunken fellow? A. Yes—it was his only fault, but I thought he was altered—I lost
three patent guns, a vice, and some tools—I have got the guns back, but notthe vice or the tools—they would cost me about 1l. to replace them—the guns were not of particular value—they were for the African groes—my wife wrote to me that Barefield had been to her and begged pardon, and said every thing should be brought back—the guns were brought back, and I believe he was the instigation of their coming back.
THOMAS BURROWS WHITE . I am working under a gun-stocker. I worked at Mr. Bailey's premises—I know both the prisoners—on a Thursday or Friday evening, early in Aug., between eight and nine o'clock, I saw them stop at Mr. Bailey's door—Barefield asked how was—I said, "Very well"—he went in at the door, and Gould walked on—I returned, and saw Barefield come out, and Gould was at the door—they walked away together—Barefield had something bulky in his apron—I heard of the robbery the next morning.
Cross-examined. Q. Was Barefield rather drunk at the time? A. I cannot say, I took no particular notice.
ROSINA STEIB . I live at Mr. Bailey's house in Cottage-lane, Commercial-road. I remember some guns being brought there within a fortnight or three weeks of their being taken—I took them in between nine and ten o'clock in the evening, of Gould and another man, but not Barefield—they came and asked for Mr. Bailey—I said he was at Birmingham—they then asked for Mrs. Bailey—I said she was ill in bed, I could not disturb her, but if they had anything to leave I would take it in—could held out one gun—he was so intoxicated he fell down in the garden, and the other man said, "Do not be a fool, give the woman what you have got to leave"—he gave me one gun—the other fell down—I picked it up, and there were two or three bayonets—I took them into the kitchen, and the next morning I told Mrs. Bailey they were there.
Cross-examined. Q. You promised, if you got the things back, not to prosecute Barefield? A. My wife did—I would have trusted him with anything before this happened—I believe it was drink led him to it.
Gould's Defence. I was not the person who took back the guns; the man is here who did take them back.
MR. BALDWIN. Q. What are you? A. A gun-stocker—I got the guns from Barefield—I met him accidentally—I told him Mr. Bailey had directed me to get the guns back if I could, or to tell him if they were pawned—this was three or four days before the guns were taken home, which was on a Monday—the two guns and the bayonets were brought to my house while I was out at work—when I came home in the evening they were there, and next morning the other gun was left at my place while I was gone to breakfast—I took the two guns back at night, and saw Steib—she said Mrs. Bailey was in bed—I took the other gun the next morning, and saw Mrs.
Bailey—she said, "I am very glad you have brought the gun back, put it with the other two in the corner"—I did not see Gould on the subject—I was in the habit of meeting him—I knew there was n charge of felony against Barefield—Mr. Bailey told me of it—I went to Mrs. Bailey and told her this—she said if I could hear of any of the property, to let her know—I never had a conversation with Gould about these guns—he was not with Barefield when Barefield told me about them.
COURT. Q. Have you known Gould long? A. Yes, a number of years—I told the prosecutor, and he thanked me for bringing the guns back.
ROSINA STEIB re-examined. I never saw this man in my life till I saw him at the office—Mrs. Bailey has been here, but is not here now—I saw the other gun brought back the next day, and saw the man who left it—it was I not this man.
MR. BALDWIN. Q. When was it? A. Three or four weeks ago—I saw a woman come to the door—I cannot say whether it was Steib—I met Graves I with two guns at the corner of the Commercial-road—he was half drunk—he said he was going to Mr. Bailey's—he went home with the guns, and asked for Mr. or Mrs. Bailey, I cannot tell which—I was in the yard when be gave the guns to the lady—she was standing at the door.
BAREFIELD— GUILTY . Aged 35—Recommended to mercy by the Jury.
Confined Three Months.
GOULD— NOT GUILTY .
EDWARD HICKLEY . I am the son of Thomas Hickley. On the 25th of Oct. I was standing in his shop—I saw the prisoner and another young man I walk past the shop door—they came back shortly after—the prisoner stood at the door—the other came in, and took something out of the window, but I could not see what it was—they went away together—I went to the door, and a boy said, "They have got a box playing with"—I looked in the window, and missed the musical box—this is it—it is my father's.
Cross-examined by MR. PAYNE. Q. Are you quite sure you saw the prisoner and the other together? A. Yes—I said so before the Magistrate—I saw my father buy this box—it was in this state when he bought it—it will not play.
THOMAS BARTLETT ( police-constable K 286.) The prisoner and another were given into my custody—the other made his escape—the minute he run off the prisoner said, "He has got the box, him that has run away;" and at the same time the prisoner put his hand into his left trowsers' pocket, and I heard something chink—I put my hand in, and pulled this box from the leg of his trowsers.
HENRY HUTTON (police-constable K 60.) I produce a certificate of the prisoner's former conviction, which I got at Clerkenwell—(read—Convicted 8th Aprilt 1845, and confined six months)—the prisoner is the person—he I was not out above a fortnight.
GUILTY . Aged 18.— Confined One Year.
Cross-examined by MR. BALLANTINE. Q. What were you previously? A. I had been living with my parents—I met with the prisoner at a dance at the Eagle, and married him eight or nine months after—I have not been pawning his goods since our marriage—I never pawned one article of his but I a coat, and that was for himself, by his direction—we did not agree to separate—it was not agreed that he should give me 5s.,. a week and a room of furrate—it was talked of—he left me in my confinement, without giving me anything—he and I did not quarrel—I did not say to him, "You can't keep me if you have another wife"—he did not say to me, "You knew that when you were married"—I found letters in his box, by which I found he was married.
DAVID PRESCOTT . I live in Little Charles-street, Birmingham. The prisoner is my nephew—I was present at his marriage to Jane Smart, at St. Philip's church, Birmingham—I cannot recollect when—I saw her alive once within the last twelve months, but had no conversation with her.
Cross-examined. Q. Is the prisoner of rather weak intellect? A. I believe he is, and has been so considered ever since his birth—he has not been particularly sharp.
JOHN JOHNSTON (police-constable K 296.) I received charge of the prisoner from Fanny Lambert, in Coilingwood-street, Mile-end-road—a person was pointed out to me as his first wife—I asked her if she was so, and before she could make any answer be told her to say "No," and she said "No—I went to Birmingham, and searched, the register at St. Philip's church—I produce a correct copy—(read—certifying that Stephen Prescott, bachelor, and Jane Smart, spinster, were married on the 2nd day of March, 1635.)
GUILTY . Aged 27.— Confined Eighteen Months.
EDWARD JOHN PUTT . I am in the service of Mr. Henry Smith, the master of Rasberry. I was employed as a labourer on the 21st of Nov. at three houses which were under repair—the scaffolding was taken down, and Wiles was the carter to take it away to Mr. Fordham—I was called away by the bricklayer—I returned, and Jones, the carpenter, asked me to atsist him in taking these things out of the cart—they are my master's.
Cross-examined by MR. O'BRIEN. Q. The cart had not removed from your master's premises? A. No, there ore pieces of timber scattered about—I do not know who put these doors or pieces of wood in the cart—there was a great quantity of timber in the cart—the scaffolding was on the cart—these are the pieces of wood—I saw the shutters put in the cart by Rasberry—I and the two prisoners all helped to put in the scaffold afterwards—Jones was not there at the time—the carpenters were—the shutters had not to be brought above six feet from where they were to the cart—the timber was round about the cart—they had merely to put it on—Rasberry took the shutters from the ground, and put them in the cart—these was four cartloads of scaffolding.
Cross-examined by MR. PARRY. Q. Was this all you saw put in beside
the scaffolding? A. Yes, the shutters and this garden-post—after the cart was loaded I went away—I returned in half an hour—Rasberry was present when I left—when I returned I found Jones and Wiles at the cart—Rasberry was not there.
STEPHEN WOODBRIDGE . I was present on that day—the cart was there to take away the scaffolding—I saw Rasberry helping to load, and in taking the scaffolding he took some old boards under the scaffolding, and carried them to the cart—I think Wiles was the man who was in the cart, but I cannot swear to him—when Rasberry had given the scaffolding and boards to the man in the cart, Rasberry took a small door from a mortar heap, and carried that to the cart—he then went back, and fetched another small door—the same man was in the cart all the time—I went to Jones, who had been longer in the employ than me—I told him what was going on, and he went up to the cart—these are the two doors, and these are the pieces of wood—I do not believe they had any business to take this wood—I understood they were to take the scaffolding.
Cross-examined by MR. O'BRIEN. Q. What description of wood was that scaffolding mixed with? A. I did not see it mixed with other wood—the general bulk of the scaffolding was laid together—there were pieces of wood bout, as in all buildings—the cart was close to the scaffolding—the timber was eighteen or twenty yards from the cart—there was one board of the scaffolding in the garden—I had been working on the premises a fortnight—I was not there when this scaffolding was brought—I have no reason to think that these articles were brought with it.
CHARLES JONES . In consequence of information, I went up to the cart, and saw Wiles—I asked what he had got in the cart—he said, "Scaffolding"—I looked in, and saw a two-panneled door—I said, "This is pretty scaffolding"—he said, "It is only just to make a child a bed, and you had better let it go"—I said, "I cannot"—I turned it over, and saw two smalldoors—I then saw three pieces of wood and two small pieces—he said, "You had better let it go, it is only fit for firing"—I said, "I cannot"—they were all Mr. Smith's property—I asked Putt to help me take the things back to the building—I told the foreman when he came, and he said I was quite right.
Cross-examined by, MR. O'BRIEN. Q. Did Wiles say, "What are you making such a piece of fuss about?" A. Yes—he said I had got the stuff back, or something of that—the cart was partly laden—I do not know who loaded it—I was at another part of the building—Wiles was not in the cart when I first got there, but he got into it, and helped to hand the things out—I do not know whether he remained—I returned to my work—I did not see a great many things scattered about.
JACOB SMITH . I am the prosecutor's brother. On that morning, about eleven or twelve o'clock, Wiles came to me, and said they bad been taking some wood out of the cart—I said I hoped he had not done so—he said he really had—I went round to Rasberry, and accused him of putting the stuff in the cart—he declared he had not, it was quite a falsehood—they had not the least business with either of these boards—they are valuable to a certain amount.
JURY. Q. Were they going to take the scaffold away? A. It was done with—it belonged to Mr. Fordham, and Wiles was employed by him to fetch it—Rasberry was to help him put it in the cart—the boards could not have got in except Rasberry had put them in.
Cross-examined by MR. O'BRIEN. Q. How long have you known Wiles? A. Nearly four months in Mr. Fordham's employ—he came to me that morning
and said they had taken some boards out of his cart, and I said I hoped he had not done so—I meant stolen them—I then left him.
Cross-examined by MR. PARRY. Q. When did you see Rasberry? A. On that Friday morning—I said, "Rasberry you have been putting some stuff in the cart"—he said he had not done so, it was a complete falsehood—I said, "You had better go and tell Wiles he had better bring all the stuff back again that he has taken away, and I will put it back and let all the men see what stuff has been stolen"—and he treated me with contempt—I waited till my brother came and named it to him.
COURT. Q. Did you go to Mr. Fordham's? A. Yes, and I found two shutters under the carpenter's bench.
Cross-examined by MR. O'BRIEN. Q. How long had Wiles been in your employ? A. Between five and six years—I would take him back again.
Cross-examined by MR. PARRT. Q. Wiles did not know exactly what the scaffolding was, but he had directions from you to fetch it? A. Yes—I had lent a large quantity of scaffolding—he had not an opportunity of knowing exactly what—he had no list with him, but instructions to bring away all the scaffolding.
COURT. Q. Did you give him instructions to bring any window shutters? A. No—these shutters might have been mistaken for scaffold boards, because they were covered with mortar.
NOT GUILTY .
GUILTY . Aged 21.— Confined Three Months.
138. JOSEPH BURTON was indicted for stealing 33 yards of mouselinde-laine, value 30s., the goods of John Dalton, his master; and CHARLES BUNN and MARY CRAWLEY for feloniously receiving the same, well knowing it to have been stolen; to which
BURTON, pleaded GUILTY . Aged 13.—Recommended to mercy.— Confined Three Months
JAMES PIERSON . I live in White-street, Moorfields, and am foreman to Mr. John Dalton. Burton was a labouring lad there on the 14tb of Oct., and about nine o'clock the next morning, I missed a piece of mousselin-de-laine—this is the one missed.
HANNAH BAKER . I live with the prisoner Crawley—Bunn was in the habit of coming there—I recollect his coming in Oct. and bringing her a couple of gown pieces—I saw one of them—he asked her if she should like it—she said "Yes"—he said he had bought it for her—I pawned it for half-a-crown or three shillings—I think it was the next day.
JAMES HAWKINS (police-constable G 191.) I took Burton from information—he was in Mr. Dalton's employ—I then took Crawley, Bunn, and Baker—I found these four duplicates, two relating to shawls, and one to this mouselin-de-laine.
JAMES BRANNAN (police-sergeant G 20.) I went to Bunn and Crawley—told them they were charged with receiving a quantity of mouselin-de-laine from a lad that 1 had in custody—they said they knew nothing about it—I
went to the pawnbroker and he identified Baker—I found at Crawley's this dress made up—I said, "That answers the description of property I have information is stolen"—Crawley said, "It does not, I purchased that above twelve months ago'—I took Crawey to the station-house, and Burton said, "That is a piece I took from my master's took several pieces, and they were always at me to get some"—that was before the other prisoners were locked up—they made no reply—this is a piece of printed cotton which was given to me by Lawrence, a carman, who said it was given him by Booz.
CHARLES BOOZ . This cotton was brought to me one night while I was unloading coals in Worship-street, by Burton—he asked me half-a-crown for it—I told him I had got no money with me—he said it would suit me for my wife, and I should have it for 1s. 9d.—I gave him 4 1/2d. which was all the money I had, and he was to call on me for the rest.
BUNN— GUILTY .
CRAWLEY— NOT GUILTY .
139. CHARLES BUNN was again indicted for stealing 3 shawls, value 21. 10s., the goods of Henrietta Barker; and 1 snuff box, 5s., the goods of Matthew Charles Barker; and MARY CRAWLEY for feloniously receiving the same, well knowing them to have been stolen.
BUNX pleaded GUILTY . Aged 19.— Confined One Year.
MATTHEW CHARLES BARKER . I live in New-street, Bishopsgate. On the 7th and 8th of Oct. I employed Lawrence to move my goods—I saw them deposited in the van, and Bunn was assisting him—I missed the snuff-box and three shawls now produced.
ERASMUS LAWRENCE . I am a carman. I employed Bunn to assist inmoving these goods—a short time afterwards he showed me a silver snuff-box—he said he found it in Barbican—he offered it me for 1s.—I refused it, and returned it.
Crawley. I own to receiving these things; Bunn said he bought them; I did not know they were stolen.
JAMES BRANNAN (police-sergeant G 20.) I went with Eagles, and found this snuff-box—Bunn told me I was wrong about the shawls—I found this shawl, the duplicate of which was purchased by Chandler—Bunn stated he got the whole of the things from Charles Booz.
CRAWLEY— NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
RICHARD TRIPP (police-constable T 84.) I was directed to watch the premises of Mr. Slater, a butcher, at Kensington; and last Tuesday evening, while I was watching, I saw Hemmings come from the stable with a sack on his back—he put the sack against my feet, within a yard of where I was standing—he did not see me—he went away, and returned in company with Dubbins, in a direction from out of Mr. Slater's yard—when they came to the sack, Hemmings said to Dobbins, "Here it is, it is all right"—I heard the chink of silver—Hemmings left Dobbins, and went into the stable—Dobbins took the sack, and went off the premises to the road—I went and stopped him—he said, "Stop a minute, let me get the sack down home"—I said, "No, that is what I want"—he went down with me to the station—about five minutes previously to the sack being brought out of the stable, I had seen Prior come out of the New-road into Mr. Slater's premises, and go round into the stable; and about two minutes before Hemmings came out of the stable with the sack, I heard Prior's voice talking to tome one in the stable—the sack contained oats, beans, and clover chaff.
Cross-examined by MR. ROBINSON. Q. Where were you watching? A. On Mr. Slater's premises—I was under a shed—only the boards of the stable parted me from it—it was not through the cracks of the boards that I saw Hemming? and Dobbins—the place is open, and there is a gaslight comes right through—there is an inlet where I stood—it is called a bullock-pen—there was nothing between me and the sack—I could have put my hand on both the men.
Cross-examined by MR. O'BRIEN. Q. Hemmings brought the sack? A. Yes, and in about two minutes I saw him and Dobbins—they came the tame way as Hemmings went, after he put the tack down—there are stables there belonging to other persons, but the place all belongs to Mr. slater—Mr. Slater's stable-door was five or ten yards from me—when Hemmings went away he could not have gone more than twenty yards—there are other stable doors across this yard, about twenty yards from the prosecutor's stable—there is a gaslight—I could see every stable-door from where I was placed—there are six or seven, or it might be eight—they are on different sides—directly Hemmings went away the first time I stepped out—I could see all the doors—I was standing in the yard—there was a gate, but it was open—there is a gate-way comes right out of Mr. Slater's premises to the New-road, and under the gate-way isa place where he keeps his bullocks—I was standing there-there was a light that 1 could see all over the yard—I saw Prior go into the stable about five minutes before Hemmings came out, but I heard Prior talking to some one about a minute and a half before Hemmings came out—there is only one door and a gaslight in the stable.
MR. BALLANTINE. Q. Had you known this yard previously? A. I have for eight years—I selected a place from whence I had an opportunity. of observing Mr. Slater's stable, and I could see the rest of the yard—I selected that place because I could not be seen by persons going into Mr. Slater's stable, and coming out—I could not exactly see all the stable-doort in the spot I stood in, but directly Hemmings came and left the sack I stepped out two paces, and could then see every stable-door—I am sure Hemmings did not come from any other stable but Mr. Slater's—Prior had gone into the stable.
five minutes before Hemmings came out, and in the interval I heard Prior's voice in conversation with somebody, about two minutes before Hemmings came out—I could have put my hand on the sack where Hemmings laid it, but be could not see me, because I was in total darkness, and where he came to was as light as though it were under he gas—it was about half-past six o'clock.
JOHN WAGIIAM . I am clerk to Mr. Thomas Slater—Prior was his head ostler, and Hemmings under ostler. There was corn of this description in the stable—Prior had the sole charge of it—it was kept in a loft over the stable—I believe this corn to be my master's—it came from Mr. Phillips, a corn-merchant, at Knightsbridge, and he has looked at it likewise.
Cross-examined by MR. ROBINSON. Q. How do you know it came from him? A. I was there at the delivery of it, on. the same day that the robbery was in the evening—I have been in Mr. Slater's employ about five years, and Hemmings has been about two years
Cross-examined by MR. O'BRIEN. Q. Prior had been there much longer? A. Yes, about six years—there was a large quantity of this corn purchased from Mr. Phillips—I believe he has an extensive business—there are five stables in the yard—one person occupies two of them on the opposite side of the yard—I have no doubt from where the policeman stood, he could see the whole of the prisoners.
JURY to RICHARD TRIPP. Q. Can you swear to Prior's voice? A. I can by knowing him for eight years—there is only one door to Mr. Slater's stable—a man cannot go through that stable to another—Prior must have been in that stable when Hemmings brought the sack out—he could not have gone out without my seeing him—I was where I could see the stable—I will not say that there was not a third person in the stable.
JOHN WAG HAM re-examined. Q. Was there any other door to the table out of which Prior could have gone? A. No—this corn was kept in the loft over the stable—the person who brought the corn down must have come through the stable, except he threw it out of the window into the yard—our horses have looked bad, and we have had information that we have lust corn.
(Dobbins received a good character.)
HEMMINGS— GUILTY .— Confined Four Months
DOBBINS— GUILTY .— Confined Six Months
PRIOR— GUILTY .— Confined Nine Months.
141. ELIZABETH LANGLEY and ELIZA HERBERT were indicted I for stealing 1 hat, value 5s.; 1 handkerchief, 2s.; and 10 shillings, the property of William Cooper, from his person: and that Herbert had been before convicted of felony.
WILLIAM COOPER . I live in Cromer-street, New-road. At half-past ten o'clock at night, on the 23rd of Nov., I met two females, but not the prisoners—I went with them to the Crown, and had a quartern of gin—there I met the two prisoners, and we all went to the Tom and Jerry shop, and had I a pot of ale—we then all went to No. 10, Church-court—I, and my partner, and all the women went together up stairs—I sat on the bedstead, and as I was rather intoxicated, I went off to sleep—when I awoke there were two policemen in the room—I had lost 10s., and my hat and handkerchief.
the bed—the prisoners and the other two left—I locked the door, and when the prosecutor had lain there about an hour, I took off my coat, and was going to lie down by his side—a shilling fell out of my pocket, and that seemed to arouse the company in the other room—the room door was burst open, after I had locked it—the two prisoners came in, and three fellows stood at the room door, and said they would kill me if I said a word—the prisoners I went up to the prosecutor, and laid on the bed with him—I saw them rob him—they took his handkerchief, and the money was in it, in his pocket—I cannot say which of the prisoners took it—one of the men threatened my life if I said a word—after they had quitted the room I went down to get a police man, and I was thrown on my head into the passage by a lot of fellows—I got out, and got two policemen—I was sober—I had been with the prosecutor from about half-past nine till about twelve.
Cross-examined by MR. PAYNE. Q. What did you have at the public-house? A. Rum and ale—I had been absent sometime—the prosecutor I would go home with them, and I went to leave my watch and boots at another place—I could not take the prosecutor home, for I could not rule him at all—I was obliged to go with him and. the four women to the house, as I wished to see him righted—we went there aboot a quarter-past twelve—I did not want to go with either of the women—I said before that the man threatened to kill me, and that was pitched down on my head in the passage—I saw something black taken, but which took it, I cannot say, because my eyes were more fixed on the men—I saw it across the room, and then I recognized that it must have been the hat—the prisoners laid down by the prosecutor's side—I think I mentioned about the hat before—this is my writing to this deposition.
(Read—"I bolted the door, and just as I was about to lie down the door flew open; the two prisoners ran in and laid down on the bed by the side at the prosecutor; I saw them take a handkerchief from his pocket, in which his money was wrapped; three men stood at the door; one of them threatened to punch my head if I said anything.")
Q. Now here is not a word about the men threatening to kill you, or any body taking the hat, or your being pitched down in the passage? A. No, but it was so—I am a bricklayer, and worked for Mr. Whatmore—I have never seen the handkerchief, or hat, or money since—one of the prisoners was not taken till the Sunday night, in the same house.
THOMAS FISH (police-sergeant E 42.) I produce a certificate of Herbert's former conviction by the name of Eliza Smith—(read—Convicted 12th Dec., 1842, and confined two years)—the prisoner is the person.
LANGLEY— GUILTY . Aged 19.— Confined Eighteen Months.
HERBERT— GUILTY . Aged 21.— Transported for Ten Years.
NEW COURT.—Monday, December 1, 1845.
Fifth Jury, before Edward Bullock, Esq.
MR. PLATT conducted the Prosecution.
HANNAH CONNOR I am the wife of Thomas Connor, a shoemaker, and live at No. 19, Half Moon-street, Bishops-gate—I live with my father and mother in the first floor back room—the prisoner lives in the room under that—on the night of the 26th of Nov. I was sent by my father into the back-yard
to get a tea-kettle of water—I thought I heard a noise in the yard—I ran up stairs with my kettle full of water, and left the back-door open—I did not do so on purpose, but the noise I heard made me run up stairs—the landlord had made a complaint about the door being left open, but the prisoner never complained—when I go to up stairs ray father asked me, and I told him I had left the door open—he said to prevent words he would go down—I was at that time in our room—my father went down to shut the door—he and the prisoner were contradicting one another about the door being left open on purpose—she said it was, and my father said it was not—my mother went down after my father—I heard her and Mrs. Fowler having words—I went down and parted my mother and Mrs. Fowler—I made my mother go up stairs—I and my father were then standing near the prisoner's room-door—I did not say anything to her—I had no quarrel with her—I never had a word with her—went to tell her why left the door open—she said, "Keep away from my place"—I said, "I am not going near your place"—I went to the back door—she said, "Come here"—I went towards her—she took a chopper from behind her and hit me on the front of the head with it—this is the chopper she had in her hand—I cannot tell what sort of a blow it was, as it made me quite insensible—it staggered me right back—the wound bled very much—I recollect nothing more.
Cross-examined by MR. HUDDLESTON. Q. How many persons lived in the first floor back room? A. Myself and husband, my father, mother, and sister—the prisoner's room was next to where this door was left open—the landlord had blamed me and others for leaving the door open, as the draught used to come in—there had been a lodger there some time before who left without paying rent—that person was not a friend of my father's—my father knew him—I do not know whether there had been any rent paid by my father for about twelve weeks previous—I had brought down money about, a fortnight ago—I do not know whether it was rent or not—on that evening when I opened the back door I put a stone against it, and when I came in ran up stairs—I laughed when I go to up stairs, because my father said, "He has got you, Hannah, he has got you"—I laughed aloud—when I went down found the prisoner talking to my mother, and my father was there at the time—my sister was asleep in bed, till the inspector came and examined my head—my husband was up stairs at work—he came down after I was struck—my mother and the prisoner had not got hold of one another—they were very close together,. and parted them—I had not my hand on the prisoner, and I will swear I did not see any one have their hand on her, for after I got the blow I had no sense—there were words between my mother and father and her, but no blows—my mother did not pull at the prisoner's cap—I was at the yard-door when the prisoner called me—I did not see her go into her own room before she struck me—I do not know whether this chopper is used for chopping wood—there was nobody but my father and there when I got the blow, and nobody touched the prisoner in my presence.
MR. PLATT Q. Why did you laugh? A. My father said, "He has got you, Hannah, he has got you"—he meant a spirit bad got me—I put the stone to keep the door open till I came in again, and ran up stairs in such a hurry, I forgot it.
JOHN GOODCHILD . I am the father of Hannah Connor—about half-past eleven o'clock last Wednesday night I sent her down to get some water—she came running up, and brought part of the water with her—I asked her if she had shut the door—she said not—I went down with the intention of shutting it—the prisoner came out of her room, and told the landlord that the door was left open with the intent of disturbing or injuring him—my daughter
came down after me, but she said nothing at that time—I said, "It was not done intentionally, or to aggravate the landlord, but accidentally, by my daughter hearing some noise in the yard"—my daughter was then in the passage—my wife came down to quarrel with the prisoner—I sent her up, saying, there should be no such thing—I thought, by the language, there might be a quarrel—my wife and the prisoner had some words, but no strokes—the prisoner called my daughter to her, and said, "Hannah, I want to speak to you," and the minute my daughter came up to speak to her, she took something from behind her, and hit her on the forehead with it—I ran up to prevent the second stroke, and caught it on my knuckle, and my daughter fell I back into the arms of some person—I did not hear her exchange a word with the prisoner—I did not see my wife strike the prisoner—I do not think they came close enough to strike.
Cross-examined. Q. You draw a distinction between quarrelling and fighting? A. Yes—I did not hear the landlord call out for the police before any blow was struck—I paid him some money last week—I did Dot make use of any expression to my landlord before toy daughter was struck—I did not I call him a thundering old villain for calling the police, bat for allowing such conduct—the prisoner was down on the floor—my wife had not got her down before she struck—my daughter's husband came down, and would have ill used the prisoner, but I would not allow it—I am sure my wife had not the prisoner down—there were not many angry words—there were some—the prisoner was drunk and angry, she had been on the spree, and came home pretty drunk.
MR. PLATT Q. What do you owe your landlord? A. For rent and money borrowed, 22s.—I owed him money at the time this took place, and I do at present—I believe I owe nine or ten weeks' rent.
BENJAMIN CATMULL (City police-constable, No. 622.) I was called by a boy—I had passed the prosecutrix's house six or seven minutes before—I went back there, and found there was a great confusion—I should say sixty or seventy people were there—I produce this chopper—I was present when the prisoner was taken before the Lord Mayor—she made a statement—it was read over to her, and I saw her make a cross—this is the Lord Mayor's writing, and this is the prisoner's cross to it—(read—The prisoner says, was within my own door, and this man called me the worst of names; I had the chopper in my hand, cleaning out the fire with it; they abused me, and called me all manner of names; this woman and her mother pulled me out; I was all over black and blue, and I would do anything to save my life.")
MR. HUDDLESTON called
TIMOTHY REGAN . I am the landlord of this house. The prisoner told me that one of the lodgers had come down stairs to fetch water—the two doors are opposite, and the wind very sharp—I had heard Connor come down for water, and when she was coming back she left the door open, and ran laughing up stairs—I waited to hear if she was coming for more—she did not—I went to close the door, and the prisoner was going to close it equally—she said, 'You see how she leaves the door open, and goes away laughing"—I said, "Do not mind, I will close it if 1 am up," just at the moment Goodchild came down and said, "You b—y old rogue, you ought to be ashamed of yourself to keep a b—y house"—I said, "I am ashamed to hear you say so"—his wife and his two daughters then came down, and had such countenances that I ran back towards my own apartment—I looked back and saw them pitch into the prisoner—they made a grab at her—Mrs. Goodchild and her other daughter did—not the prosecutrix—I went into my own room and sat down—I heard the prisoner scream—I thought she was down and
that they were kicking her, and would murder her—I went and called for the police—as soon as I called Mr. Goodchild called out, "What, you b—y old ruffian, you ought to be shot for having such a house"—I got frightened, went back to my own room and sat down—this scuffle was going on, and I thought really she was murdered—I stopped where I was, and Mr. Goodchild came out with a little chopper in his hand, and his daughter had a few drops of blood came out of her forehead—he said, "Now I will have Mrs. Fowler and the d—d infernal villian," and he ran and got the police.
(The prisoner received a good character.)
GUILTY of a common assault. Recommended to mercy by the Prosecutrix.— Confined Three Months.
NOT GUILTY .
JAMBS STEVENS . I am a farmer and cow-keeper. I live at Turnham-green—the prisoner was in my service eight or ten years as a thresher—on the 24th of Nov., in consequence of suspicion, I watched him, and saw him locking a barn-door—he was leaving work—I went up to him—he dropped the key—I looked for it and went in—I observed his coat lying near the barndoor with a bulk about it—I then went to the road-side and waited at the gate—the prisoner came up to the gate with his coat hanging upon his arm—I called him, and challenged him with having wheat of mine in his possession—he denied it more than once—I asked to see his coat—he made some objection—I took hold of the coat, and found the wheat in a bag wrapped up in the coat—I should say there was about half a peck—he said it was given to him by a person who came up the road—I compared it with the wheat in my barn, and I could not tell any difference in it—it appeared to be of the same sort—swear that the two correspond exactly.
Prisoner's Defence. The wheat was what my wife and family leesed.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined One Month.
Before Mr. Recorder.
CHARLES COLYER (policeman, K 30.) On the morning of the 20th of Nov. I was at Ilford—I received information, and met the three prisoners going towards London—I asked if they had not been offering a piece of beef for sale—Mitchell said, in the hearing of the others, Yes, that he had sold it at the house over the way—he went with me, and showed me Hoy's house—Hoy produced the meat to me, and said he bought it of Mitchell for 9d.—the prisoners said nothing to that—they said they had had their dinner off it.
JOHN HOY . I live at Ilford—I did not know the prisoners till the 20th of Nov., when Mitchell came to my door alone and asked if I would buy a piece of meat—I said, "Where did you get it?"—he said, "I bought it, and have brought it a long way"—he asked 1s. for it—I offered 9d. which I gave him—the officer came afterwards and took the meat to the station-house.
JOHN PEARSON . I am a butcher, and live at Barking, about a mile and a half from Ilford—I saw this meat—it was mine, and was safe at nine o'clock at night on the 19th—I missed it about nine next morning—I know nothing of the prisoners—I am certain the meat was mine—it weighed about 10lbs., but when found about 7 3/4lbs.
JOHN GREEN . I live at Ilford—I am clerk to Mr. Thompson. On Thursday morning I was coming out of my house in Barking-lane—I saw the three prisoners together coming into Ilford from Barking, not 100 yards from Barking—my house is a mile and a half from Barking—I did not see anything with them.
Mitchell's Defence. The other prisoners were with me all day; we did not steal the meat; we were looking for work.
MITCHELL— GUILTY . Aged 17— Confined One Month.
JONES and GORBETT— NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 36.— Confined Four Months.
147. ISAAC JESSOP and THOMAS TICER were indicted for stealing on the 2nd of Nov., at Chingford, 6 sovereigns, 180 groats, and 4 5l. Banknotes; the monies of Robert Boothby Heathcoate, clerk, in his dwelling-house.
MR. CHARNOCK conducted the Prosecution.
REV. ROBERT BOOTHBY HEATHCOATE . I am the Rector of Chingford. On Saturday, the 1st of Nov., about six o'clock in the evening, I had two old 5l. notes and three other 5l. notes, which I had received from Mr. Frazer, the cashier at Messrs. Childs', on the 29th of Oct., a few sovereigns and some id. pieces—I put them in the drawer of my writing-desk, which was in my study—it was all safe at six o'clock in the evening—I locked it up with a Bramah key—I missed it on Monday—Jessop had been a servant in my house—I turned him off in Aug.—I had put the Bramah key into my shaving case, where it used to be kept—Jessop knew it was kept there—on Sunday, the 2nd of Nov., I was going to church at a quarter before eleven o'clock, and saw Jessop coming up a corner as if he were going to my house—he had not on his working dress—to the best of my belief I do not think anybody else in my house knew where the key was beside Jessop—I never took any money out in presence of any of my servants—on the 4th of Nov. I met Jessop coming from the train, and taxed him with having been in my house—he said he had spoken to the kitchen-maid outside the door.
Cross-examined by MR. BALLANTINE. Q. When was it you had seen this safe? A. On Saturday, at six o'clock in the evening, and missed it on Monday—when I went to church on Sunday I left the kitchen-maid in my house, and the nurse was up stairs, to the best of my knowledge—I understand there
were no others at home—I think all went to church but them—that kitchen-maid had been in my service at the time Jessop was—Jessop is a native of Chingford, and had been staying out all night when I sent him away—I should have been sorry to have given him a character—I had a great number of 4d. pieces, as near as I can remember about 3l. worth—Jessop knew where my key was—to the best of my belief, I have taken money out in his presence, and he cleaned the box tops in the shaving-case—the key was in one of the glasses in the shaving-case, which was kept in my study—the kitchen-maid might have had access to it, and might have found the key.
MR. CHARNOCK. Q. Jessop was your footman? A. Yes, and had access to my study—I recollect several times having paid money in his presence—I have locked the case in his presence.
JAMES ELLIS . I live at Chingford, and am a farmer's labourer. I know both the prisoners—I was in their company on Saturday night, the 1st of Nov., at Mr. Emery's beer-shop at Woodford—I was with them about half an hour—we drank one pot of beer together, which I paid for—they did not pay for any beer, and did not give any reason why they did not pay.
Cross-examined by MR. BALLANTINE. Q. What time was it? A. From half-past ten to eleven.
JEMIMA RADLEY . I was in the prosecutor's service at Chingford, on the 1st of Nov.—I had been so for a year and eight months—Jessop was a fellow-servant of mine—I do not exactly know when he left—it is very nearly three months ago—he was paying some attention to me—on Sunday, the 2nd of Nov., he came to the door about half-past eleven o'clock in the morning—the nurse was up stairs—she and were the only persons in the house—my master and the family were not at home—I was in the kitchen—I went to the door of the house to speak to Jessop—my master's study is about the middle of the house—the window is about three or four feet from the ground—I could not see the study window while I was standing at the door with Jessop—I do not know whether the study window was fastened or no—the door of the study comes into the passage inside the house—Jessop was at the house door a quarter of an hour or twenty minutes, with me—I did not see any other person—when Jessop and parted there was an arrangement made between us to meet again, and he came to church with Ticer in the afternoon, after was there—I came out of church with them, and we walked to the top of the hill, very near to Mr. Heathcoate's house, where they had to come to go home—we parted there, and made an arrangement that should meet Jessop on the 'Sunday evening, from half-past seven to eight o'clock—I kept the engagement, but when I got there did not find Jessop, or any other person representing him—I know he lived with his father and mother at Chingford Hatch—I do not think he has been in any situation since he left Mr. Heathcoate's—if he had I should have known it.
Cross-examined by MR. BALLANTINE. Q. Then, in point of fact, Jessop was talking to you the whole time that morning, and did not leave you at all? A. No—I was eighteen months in Mr. Heathcoate's service, and he turned me away in consequence of my talking to Jessop—he has not turned me away without a character—he said he would do all he could for me—Jessop was fifteen months in my master's service—there was plenty of property about—he was a well-conducted young man, as far as I know—I do not know that I was to be married to him.
HENRY WRIGHT . I am a horse-clipper and groom, and live at Chingford. I have known the prisoners some time—on Sunday, the 2nd of Nov., I saw both the prisoners about half-past eleven o'clock, as near as could be—Ticer
was ten or eleven yards before Jessop—they were going towards'Mr. Heathcoate's house, and were about 120 yards from it—I did not speak to them.
Cross-examined by MR. BALLANTINE. Q. You nodded to them? A. Yes, I had known them previously, and had been in the habit of seeing them about that neighbourhood—I do not know whether they were acquainted.
COURT to JEMIMA RADLEY. Q. Was Ticer in the habit of visiting Jessop when he was in your master's service? A. Yes.
ISABELLA HODDELL . I am the wife of William Hoddell—we keep a beer-shop. I know the prisoners by their using my house—they have been there together, but not a great deal—they came on Sunday, the 2nd of Nov., about two o'clock in the afternoon, and stopped till half-past two—they came again about five, and stopped till about half-past five—they had ale, ginger-beer, and cheroots—they paid for them.
Cross-examined by MR. PAYNE. Q. Was not Ticer a person who lived in the village? A. Yes, all his life, I believe.
FREDERICK ROBERT SALTER . I reside with my father, who is a hatter, I and lives at No. 24, Aldgate. On Monday, the 3rd of Nov., the prisoner Jessop, I think, came to the shop—he came alone, and was alone all the time—he said he wanted a bat—he had just lost his hat—he was infact without one—he came in with nothing on his head—it was about a quarter before eight in the morning—I fitted a hat on him—it was rather too large, and I put a small piece of paper under the leather to make it less—the paper had some writing of my father's on it, and I knew it again when I saw it at Waltham-cross—that enables me without doubt to swear to it; and here it a mark also, which I know, on the leather of the hat, (looking at it)—this is the hat—here is our own name in it, and this mark on the leather—12s. 6d. I was the price paid for it—he offered me a 5l. note—I did not notice whether it was of the Bank of England—it was rather a ragged note, and I refused it because it had only one number on it—he substituted another note for it, which looked a new one—I asked his address—he said, "William Thomas, No. 19, Norton-falgate," which I took down on the note—this is the note I am certain, (looking at one)—here is my own writing on it—my father brought out the change.
JAMES BROWN . I am shopman to Mr. Gamble, a boot and shoemaker, No. 16, Aldgate. On Monday, the 3rd of Nov., two young men, who I believe to be the two prisoners, but I could not recognize them, came to the shop together, about half-past ten o'clock—I sold them these two pairs of shoes on that occasion—this pair (looking at them) I did not tell them—the shortest of them had this pair on his feet when they came, and my lad sewed this button on them in our shop—this is the pair which I sold to the shortest person—these are plain leather, and this pair which are enamelled-leather I sold to the taller of the two—I think the shorter one paid me one guinea for them, but I am not certain—he gave me a 5l. note—I gave him four sovereigns, and he gave me 1s—this is the note—here is my writing on it, the address they gave, "Charles Snow, No. 29, New-street, Peckham"—I wrote this in presence of the two persons—here is our private mark on the toes of the shoes, and this pair is on a new style—we had not another pair of this sort in the shop—they were sent to me as a sample—they have a hook and eye to them—this other pair is not particular, they might be bought in any shop.
Cross-examined by MR. PAYNE. Q. All that was done by your lad was to put a button on one of the shoes similar to what is produced? A. Yes.
know my work—this is one that I altered—I am able to speak with certainty about it—this one button I put on—I cannot say whether the prisoners are the persons—I did not sufficiently notice their countenances.
JOSEPH GOODMAN . I am shopman to Moses and Son. On Monday morning, the 3rd of Nov., the prisoners came to our shop about eleven o'clock—speak confidently as to their being the persons—I have no doubt about it—they purchased goods to the amount of 8l. some odd shillings—they paid me a 5l. note, three sovereigns, and some silver—the goods they bought consisted of these two over-coats, Codrington-coats, these two pairs of trowsers, (looking at them) and a hat—I cannot speak to this hat as being the one, because the lining is gone—they were in the shop about an hour—we have not the note they paid—it was paid into the banker's on the following morning—it was neither a new note nor an old one—it was not torn.
Cross-examined by MR. O'BRIEN. Q. Who offered you the note? A. would not be positive—I think it was Ticer.
THOMAS HIRAM FRAZER . I am cashier in the banking-house of Messrs. Child and Co. The Rev. Mr. Heathcoate keeps an account there—I paid him some notes on the 29th of Oct.—these notes produced are two that paid him.
Cross-examined by MR. BALLANTINE. Q. Did you pay them personally to him? A. Yes—we always put the numbers of the notes we pay, on the back of the check, as these are, when they are single checks.
FRANCES JESSOP . I am the wife of Joseph Jessop—we live at Chingford.—I am the prisoner Jessop's mother. On the 2nd of Nov. he was living with me, and bad been for some time—he always lived with me when he was out of a situation—he was out of a situation then—he went to Church that Sunday, and the next time I saw him was on the Tuesday—Ticer was a companion of my son's—he has been acquainted with him from a boy, and he wait with him on that Sunday—they returned to my house together, at nearly two o'clock on Tuesday—they brought a parcel or two with them—the officer came in at the back-door as they came in at the front—my son had half-a-sovereign of his father on the Saturday night, and he bad 1s., or 2s. besides—the bundles my son and Ticer brought were given to the officers—I did not see them opened.
WILLIAM MAY (police-constable A 384.) I am on duty at Chingford—I took the prisoners on Tuesday, the 4th of Nov., at Jessop's house, about two o'clock—I had seen them before going in a direction from the railroad towards that house—I told them they were charged on suspicion of stealing some money from Mr. Heathcoate—Ticer said, "Here is a pretty job about our going away on Sunday night"—these are the over-coats the prisoner had on—this is the one Jessop had on, and this one was on Ticer—they were left at the station with the sergeant—this hat which has the mark in it Jessop had on—this without a lining Ticer had on—I said, in going along, they looked like new clothes—Jessop said they bought them in Aug. last, and Ticer said he bought his hat at the same time.
AUGUSTUS PONMAN (police-constable N 326.) I assisted May in taking the prisoners at Jessop's house—this pair of shoes was on Jessop's feet, and this other pair on Ticer's feet—I received the bundles from Mrs. Jessop, containing these trowsers and some other things.
MOSES LANDER (police-sergeant N 41.) I saw the prisoners at the station about nine o'clock in the evening of the Tuesday on which they were taken—Ticer said he bought his coat in King-street, Borough, in Aug. last—I took these shoes off his feet—he said he bought them in Windmill-street, Gravesend, and he bought this hat without a lining, which he said was his,
at the same time he bought the coat—Jessop said he bought his coat on Holborn-hill in Aug. last, and his hat at the place stated in it—I produce these two notes—I have made inquiry at Peckham for Charles Snow, No. 29, New-street—I can find neither street nor person—I have inquired for William Thomas, No. 19, Norton-falgate—no such person is to be found there.
(Ticer received a good character.)
JESSOP— GUILTY . Aged 19.— Transported for Ten Years.
TICER— GUILTY. Aged 19.—Recommended to mercy by the Jury.
Confined One Year ,
MARY DUNCAN . I am the wife of Richard Duncan, a wine-merchant, at West Ham; the prisoner was my general servant. I had these things all safe on the 27th of Oct., and missed them on the 29th—I afterwards sent for a policeman—he searched, and I saw him find these things between the mattresses of the prisoner's bed—they are all mine—the prisoner was the only servant I had.
Cross-examined by MR. DOANE. Q. Is there any mark on these towels by I which you identify them? A. I can swear to them by the piece they were cut from—she cut them off a piece that was on a sitting-room table—it is diaper—I could use it for what I thought proper—it is the usual towelling—it is diaper towelling—I should call it so—I do not know whether that is the name it would go by—these gloves are mine—here is a mark I know them by, 567—I saw it when I bought them—this handkerchief is mine—I have not got my name on it, but I have others that correspond with it—here is no article with a mark, they are all new things—I believe them all to be mine.
MARTHA WADE . The prisoner was brought to the station—I found these two new diaper towels in her pocket—she said, "Do you think I shall get off?—I said, "I don't know; it is according to what you have got found at home—she said they had found what was at home—I call this diaper towelling.
EDWIN DIVER police-constable K 358.) I was called to take the prisoner—I asked her if she knew anything of the articles missing, and I stated the different articles—she said, "No"—I searched, and found this handkerchief, five pieces of calico, and a pair of gloves between two mattresses in her room—I have compared the diaper with the piece—it matches in every way—I am able to swear it matches the other.
Cross-examined. Q. Did you look in her box? A. Yes; I found some of her own property—she had no bundle.
LEWIS DAVIS (a juror.) This is as frequently called diaper in the trade at huckaback, and as frequently huckaback as diaper—diapers are used for nursery purposes, and huckaback for towelling—I should call this diaper towelling, and I should also call it huckaback.
Cross-examined. Q. Is diaper and huckaback of the same material? A. Yes; they are both made from linen—huckaback is a stouter texture, more generally used for towelling—I should call this diaper towelling—it would be called huckaback by men who knew their business.
GUILTY . Aged 26.—Recommended to mercy by the Jury.— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 20.— Confined Three Months.
150. THOMAS WATSON was indicted for stealing 38lbs. of solder, value 15s.; 25 pieces of wood, 17s.; 3 feet of perforated zinc, 2s. 6d.; 4 locks, 4s.; 3 bolts, 2s.; 4lbs. of brass, 3s.; 40 yards of sash-line, 4s.; and 10 yards of rope, 1s.; the goods of Robert Leabon Curtis and another; to which he pleaded
GUILTY . Aged 28.— Confined Three Month s.
Before Mr. Common Sergeant.
Cross-examined by MR. HORRY. Q. Did he tell you where he got it? A. Yes, he said from a person named Wilson—he said before the Magistrate that it was from Davis.
Cross-examined. Q. You know him? A. Yes, and he has been in the habit of coming to Mr. Gower's for his father—I swear I never sent him for any beer at any time—the policeman came and told me to come here—he did not tell me what I was wanted for—I did not hear that my name had been used at the police-court by the prisoner.
(The prisoner received a good character.)
GUILTY . Aged 12.—Recommended to mercy,— Confined Eight Days and whipped.
Before Mr. Baron Parke.
152. EMANUEL TODD was indicted for feloniously assaulting Mary Kensley and cutting and wounding her on her left eye, with intent to maim and disable her:—2ND COUNT, with intent to do her some grievous bodily harm.
MR. CARTEEN conducted the prosecution,
MARY KENSLEY . I am the wife of William Kensley, and live in Lamb-lane, Bridge-street, Greenwich. On Tuesday, the 23rd of Oct., I had a quarrel with my husband, and left the house and went to his father's house, No. 3, Lamb-lane—I saw a few of the girls who lived there, but not the one I wanted—I found the prisoner there—I did not see his sister there for an hour afterwards—I went out into the yard where she was and struck her—the prisoner was looking out of the up-stairs window at the time—he lives there—he came down directly—I only struck his sister once—I should have done so more, but a few of the young girls came between us—I then went into the house, into the room where the prisoner was—he put his fist in my face and called me very bad names—he struck me twice, once in the face and once in the breast—I had pulled his hair after he put his fist in my face—he was sitting in a chair at the time, by the side of the fire-place, and I struck his head against the side of the fire-place—there was a fire in the grate—I did not strike him against the stone, but against the wainscot—I did not pull him off his chair—there was a poker in the fire-place, and when I pulled his hair he
took up the poker and struck me with it as he was sitting down—it was not a violent blow—he poked it at me—it struck me in the eye and my eye came out—it has been replaced in the socket, but I have lost the sight of it.
COURT. Q. Was the prisoner infirm at this time, for he cannot stand now? A. Yes, he could walk straight, but he was very bad—I do not know what was the matter with him—he could stand up and he walked to the doctor's very well.
LOUISA COX . On Tuesday afternoon, the 23rd of Oct., I was at the prisoner's father-in-law's house—I lived there—I saw the prosecutrix there, she and her husband were having a quarrel, they came in there and came to a fight—the prisoner's sister was outside, in a place they call the back lane—the prosecutrix went out to her, and struck her, but not violently, she could not hurt her in the way she struck her—she struck her more than once, but not to hurt her—she then came into the house again and the prisoner came down stairs—there was a great deal of swearing on both sides—the prisoner put his fist in her face and then she flew at him, struck him and pulled his hair, and he struck her with the poker—the quarrel was about her striking his sister—I was very bad with the tooth-ache, and did not notice particularly—she pulled his hair and scratched his face, and held his head down by the fire-place—he was sitting by the fire-place at the time he lifted up the poker—I do not know whether he said he would knock her brains out, or whether he would hit her—he struck her with the poker, and then her eye came out.
COURT. Q. Did she do anything between his saying he would strike her I and his doing so? A. She had hold of his hair at the time, and held it at the time he struck her—the poker was alongside the fire-place—I gave it to the constable when he came—it was a piece of iron used as a poker—it was not long, it was about as thick as my finger, but the end was sharp—he poked at her with it—I do not know whether he was trying to keep her off or to wound her—he was very bad then—he had the use of his arms and legs—he could not stand up and walk very well—he could walk—he walked as far as the station-house, which is about a quarter of a mile, without assistance—the policeman walked alongside of him.
JARED DASHWOOD . I am a surgeon, living at Greenwich. On the 23rd of Oct. I was called in and saw the prosecutrix—I examined her eye, which was in the actual state of displacement from its natural cavity—she has completely lost the sight of that eye—a poker was produced to me, which I examined—a thrust from such an instrument would cause such a wound—during my attendance on the prosecutrix she did not take that essential care of herself which such a case required—the sight of the eye was lost immediately after the thrust, by the effusion of blood into the chamber of the eye, but that is sometimes absorbed—she did not take care of herself, or it was possible the sight might have been restored.
Prisoner's Defence. I had no intention of doing her any harm; she violently caught hold of me, and thrust my head against the fire-place, I took the poker to keep her off.
NOT GUILTY .
Before Mr. Justice Coltman.
MR. DOANE conducted the Prosecution.
eleven and twelve o'clock at night, I was at the Fishing Smack public-house Deptford—I saw the prisoner there—he was certainly a little in liquor-Carty came into the house and spoke to me—the prisoner and he had some words, he got up and collared Carty by the neck, and nudged him two or three times, twisting his handkerchief tight round his neck—Carty said, "Is that what you mean?"—the prisoner then struck him, and they fought together—Carty got him against the fire-place—the prisoner fell down and Carty on him—I got up to take him off the prisoner, and in the scrimmage the prisoner made a kick at me in the—I was trying to put Carty out of the room from him—I got him out—the prisoner lifted up a brass fender that was there—somebody took it from him, and immediately after, as I was putting Carty out, I received a violent blow-at the back of my head—I did not see who gave it me—I bled a good deal—I did not fall—I went to Mr. Taylor, the doctor—I had no quarrel with the prisoner.
Prisoner. Q. Did not you get hold of my collar? A. No, nor did I put you down or kick you.
FRANCIS WEST . I am a labourer—I was at the Fishing Smack public-house on this night, the 25th of Oct.—I saw Lynch drinking a pot of half-and-half with a friend—Carty came in to speak to Lynch, and the prisoner picked a quarrel with'Carty—he took him by the neck-cloth several times, and nudged him several times—Carty said why did he do so, and said "If you mean that"—they then had a bit of a scrimmage, and Carty fell down, and the prisoner was underneath—Lynch went to pick up Carty, and then I tried to shove him out at the door—the prisoner took up the fender—it was I taken from him—he stooped down and took up a spittoon, and deliberately struck ynch on the back of the head—his back was towards him—I saw blood flow.
Prisoner. There were two or three on the top of me, kicking me; he kicked me all manner of ways. Witness. I did not see anybody do so.
CALEB TAYLOR . I am a surgeon, and live at Deptford—on Sunday, the 26th of Oct., I examined the prosecutor's head—I found a lacerated wound on the top of the head—it was slightly contused—I examined his----and I found a considerable inflammation caused by a blow—I have seen a spittoon produced—the wound on the head might have been produced by that.
CHARLES LLOYD (policeman.) I went to the Fishing Smack, and took the prisoner in charge—he was very much intoxicated—I had some difficulty in taking him—I told him it was for cutting a man's head with an iron spittoon—he said the prosecutor had cut him in the hand first, and then he did hit him.
Prisoner. The policeman went and got the spittoon on Monday from a lot more—they said they thought that was it—the Magistrate asked if he had I seen him hit with it—he said no, that he picked it out from among the rest—my nose bled, for he kicked me over the nose.
GUILTY of an assault. Aged 39.— Confined Three Months.
Before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Three Months.
beer-shop at Greenwich—on the 1st of Nov. the prisoner, another woman, and two men came in, and called for a pot of ale—the others left, and left the prisoner a glass and a half of ale to drink—she asked leave to go into the tap-room, as she was cold—she was-there half an hour—I then missed her, and went up stairs, and found her under the bed, with her own dress off—these gowns of mine and this coat were-under the bed with her—the coat had been in a box, and the gowns behind the door—I brought her down, and gave her in charge.
Prisoner. What she says is false.
MARY COGLAN . I am the wife of James Coglan—he is a sailor—I live at Deptford—on the 31st of Oct. I laid my shawl on the side of a tea-chest, in my house, at ten o'clock at night—I missed it at six o'clock next morning—I sent to the pawnbrokers, and found it—this is it, here are two spots of black paint on it, which I painted where I wock—I swear to it.
Prisoner. I gave 1s. 6d. for it, in High-street, Deptford.
Prisoner. I pawned it, but I bought it.
GUILTY . Aged 26.— Confined Four Months ,
(There was another indictment against the prisoner.)
WILLIAM GENTRY . I keep a beer-shop at Lewisham—on the 28th of Oct. the prisoner came to my house, between three and five o'clock—he called for a pint of beer and a roll and cheese, and afterwards for a screw of tobacco—he eat the roll, and then called for another pint of beer—I served him with that—I was then called out, and before I went I asked him for payment—he got up, searched his pockets, and said he had lost 1s.—I said he could not have lost it there—I then went out, and while I was out I expect he placed this pint pot in his hat—I came back again, and asked him for payment—he said he had no money, but he would leave his waistcoat and handkerchief till the next Friday—I told him to walk off, and the next morning I was informed he was taken, with this pot of mine in his possession.
JOHN EVANS (police-constable R 190.) I found this pot in the prisoner's hat, on the 28th of Oct., between nine and ten at night—he said he picked it up—I saw the name on it, and took it to Mr. Gentry—he had left Mr. Gentry's at half-past four.
MARY ANN WELLS . I live with Mr. Thomas Atkinson, who keeps a coffee-house—on the night of the 28th of Oct. the prisoner came, and called for a cup of coffee, a rasher of bacon, and a roll—when I asked him to pay, he said he had lost his money—on taking him to the station-house, this newspaper was found on him—I know it by some spots of grease on it—it had been in the shop a quarter of an hour before.
GUILTY .* Aged 29.— Confined Six Months.
Before Mr. Recorder.
MESSRS. HUDDLESTON and BALDWN conducted the Prosecuton.
GEORGE BRATT . I am a licensed victualler—I know the prisoner—saw him on the 14th of Oct., between eight and nine in the evening—he came to my house at New-cross, with two other men—he asked for a pot of porter—he said he had no money, he should have some presently—refused to credit him—I saw him and the other two men whispering together, and they went outside once or twice—I went after them—saw the prisoner call my pot-boy on one side, and whisper something tahm—I went into the stable—I sent an old man, named Hoy, who was acting as ostler there, for a light, and found a sack of turnip-seed—I asked if he knew how it came there—he said, "No"—knew it had no business there—I locked the stable, and went for a policeman—I gave the seed to him.
JAMES WILKNS . I am in Mr. Bratt's service. On that evening saw a sack of seed taken into my master's stable by a man with a blue striped smock frock on his back—I was going out with a pint of ale, and in coming back saw the same man in conversation with the prisoner and two others—the pri-soner went to my fellow-servant first, and wanted him to go up stairs and borrow a sixpence of Henry, the ostler, which he refused—the prisoner and the man with the blue smock-frock were together—the prsoner then spoke to another boy—the man with the blue smock-frock wished me to go up stairs and borrow a shilling—the prisoner said, "Borrow two," not tellng me what it was for; but he followed me to the passage, and said, "Go up stairs and borrow 2s. of Henry for me on a sack, I have left in the stable, worth 2l."—Henry is the ostler—he was up stairs ill—I told my master.
Cross-examined by MR. PARRY. Q. There were three or four other men the prisoner was talking with? A. Yes—he asked Alexander Young first to go up stairs and ask Henry for a shilling—Young is not here, nor Henry.
COURT. Q. Was it the person with the blue-striped frock who carried the sack into the stable? A. Yes, from a wagon opposite our house—the prisoner, the man with the blue-striped frock, and Whitfield, came with that wagon—they all three had the management of it—the man with the blue-striped frock carried the sack into the stable, but the prisoner wanted to borrow 2s. on a sack which he said "I have left in the stable."
GEORGE WLSON (police-constable R 19.) On that night I went to Mr. Bratt's house, at New Cross, and took possession of the sack of turnip-seed which I found in the stable—I took a sample of it, and took the sack of seed to the station—went in search of the ostler, Hoy, and took him on suspicion—in consequence of further information, took the prisoner on the following morning, the 15th of Oct., in Mill-lane, Deptford, in the employ of Mr. Kingsford—I told him what I took him for, and to be cautious in what he said—I asked if he stopped at the New Cross in last night—he hesitated a bit, and said, "Yes, I did, and had a pint of beer"—I asked if he knew anything of a sack of turnip-seed left there—he said no, so help him God, he did not—I said, "Be cautous what you say," and took him into custody.
Cross-examined. Q. You said nothing about "so help him God" before? A. I do not know that I did, but I believe they were his words.
PETER HERVEY I am clerk at the Bricklayers' Arms station of the South Eastern Railway. On the night of the 14th of Oct. the prisoner brought me an order for the delivery of thirty quarters of wheat—we had only fifteen
quarters in hand—seven quarters and a half had previously been delivered by me to Mr. Kingsford's man—I explained to the prisoner that we had only fifteen quarters, and he said he must take that—the wheat was near some turnip seed—I sent a man to assist the prisoner in getting the wheat into his wagon, and I found that they had a sack of the turnip seed in the wagon—there was a man with a blue-striped frock, and a little boy, assisting in putting the corn in—I found that they had fourteen sacks of wheat in the wagon, and one of turnip seed, and one sack of wheat was remaining outside—that directed my attention to it—I looked at what was in the wagon, and was getting over the wagon to feel the sacks—the prisoner got over, and said, "This is seed," and he said to the man I sent to assist him,"Why did you put this in? I can tell seed from wheat in a minute"—the sack of seed was taken out of the wagon, I and placed with four other sacks of turnip seed—when I got that sack out of the wagon, which I assisted in pulling out, I put the sack of wheat in, which made fifteen—I counted them, and the prisoner went with me into the office to sign the book for fifteen—when be went in, the sack of seed was not in the wagon, but standing safe with the others—as the prisoner was going with me into the office, he said to the man, "Tie up, and see all is right," or, "All is right"—after he had signed the receipt, the prisoner went away, wagon and all—between the time that he came into the office to me, signed the receipt, and went out again, there was ample time for the other man to have put a sack of turnip seed into the wagon—I think there might have been time after the prisoner went out of the office, for him personally to have done it—the time would have been short—he might have done it with assistance.
Cross-examined. Q. I suppose he might have done it by a sort of miracle of strength? A. I think not, sir—we have cranes there—when he said to the man, "It is all right," I did not think anything was wrong—there were fifteen sacks in the wagon, and one of wheat outside—I called the attention of the prisoner to it—he said, "How could you be such a fool as to put this here? I could tell by the feel it was not wheat"—he then came to me to get his book signed—he might be with me five minutes—the South Eastern Railway Company are carriers—they were carrying this turnip-seed—I suppose it was common turnip-seed.
COURT. Q. How soon did you discover one of the sacks of feed was gone? A. Not till the next day—the sacks were marked with chalk—I do not know that I should know them—the turnip seed was in our care till it should be delivered on a proper order.
JOHN HEWITT . I was at that time employed at the South Eastern Railway station—I was desired to put fifteen sacks of corn into the wagon, to deliver to the prisoner—another man, with a blue-striped shirt on, came to assist me to deliver it—I had to keep the account of the number of sacks I delivered—when I was delivering, (and this man delivered some,) I found there were fifteen—I said, "You have got fifteen sacks in the wagon"—the prisoner said, "I have not"—they were rather in liquor at the time—I said, "This is a sack of corn, and I will not deliver it up till you allow me to see"—the prisoner said I should not come into the wagon—I said, "I will not deliver it till I know the full number you have"—after a short time the clerk came—I said, "This party have fifteen sacks in their wagon, and they won't allow me to come in the wagon to count them"—he said, "I will see about counting the sacks"—the prisoner then felt the sacks, said, "Here is a sack of seed here."
COURT. Q. The first that noticed the sack of seed was the prisoner? A. No, I said "There is a sack of seed in, for there are fifteen sacks in the
wagon, and there were only fifteen sacks of corn, and one is left out; you must have one sack of seed in the wagon"—I said they had better allow me to feel—Mr. Hervey came up—the prisoner felt the sacks and said, "Here is a sack of seed"—that was taken out and a sack of corn put in—the prisoner went away with Mr. Hervey—I remained some time, and put the sack of seed on the bank—that and the other sacks of seed altogether—on the following day when I was asked if I knew there was a sack of seed missing, I found there was one gone.
MR. BALDWIN. Q. Did you subsequently see a sack of seed at the police-office? A. I did—I had every reason to believe it was the sack we had missed—it was of the same appearance as the sack that had been there—the seed sacks are not similar to the corn sacks—the seed sacks are narrower, and the corn sacks are broader—I saw this sample of turnip seed; it is of the same kind as what was there, in appearance—I did not see the wagon go, as I was called away
Cross-examined. Q. How many persons do you think were about? A. None but the two men and myself—when the prisoner went into the counting-house I staid outside on a large bank—there are no railway police to that department—I was there some time putting the sacks of seed in their places—about ten minutes elapsed from the time the prisoner went into the counting-house till the wagon drove off—I never returned to that bank after I put the turnip seed up.
COURT. Q. Were you absent before the wagon left? A. Yes—I did not return after the prisoner went into the counting-house to give the receipt—I passed through the bank some time after, and the wagon was there—I do not know when the prisoner came out of the counting-house.
NOT GUILTY .
MESSRS. PETERSDORF and GODSON conducted the Prosecution.
EDWARD BUCKLEY (police-constable R 268.) I am employed in Woolwich Dockyard. In consequence of something I heard I went to the defendant's house on Wednesday, the 19th of Nov., between six and seven o'clock—he keeps a marine-store shop in Sun alley, close to the dock-yard—I found the prisoner and his wife sitting by the fireside in the shop, sorting some copper nails which were on the table—it is a sort of mess-room and shop and all—When I went in they seemed rather excited, and they put a cloth over the nails, and strove to conceal them—I examined the nails—they were copper and brass nails—I found these nails which I produce, with the broad arrow on them distinctly—when I had ascertained what they were, I told him that, finding them, I should search the house—I searched all round the house, and then went to a cupboard, where I found two bags—I took them into my hand, and was going to open them, and the prisoner made use of these words, "There is enough there to transport me"—he said he hoped I would look to his family—he hoped I would be merciful to his family—I opened the bags—in the first bag I found six new copper bolts, with the broad arrow distinctly to be seen upon them, in several places—I also found in the bags some new brass and old brass, some new and some old copper nails, with the broad arrow on them—in one of the bags was some lead and some old copper sheathing, and several pieces of brass and copper, some of them marked with the broad arrow, and some not—these are the articles—I weighed what has the arrow—the new copper bolts weighed twelve pounds, and the new nails and pieces of copper three pounds—these
are the articles which have the arrow—there were seventeen pounds in all, but part were not marked—after I found these I went into the yard, but I only searched by the door—I found nothing there—these things are in the same state as I found them.
Cross-examined by MR. BALLANTINE. Had you known the prisoner before? A. Yes; I knew he lived there—I do not know whether he slept in the room I found these things in, but he lived there—there were beds in the room where I found these things—the prisoner's children were there—there was no other person in the house when I went—a man came afterwards who lives close by the place—I believe he does not live in the house—I cannot say whether he sleeps in the house—I have not seen him go there late at night and come away early in the morning, nor go there frequently—I do not think he lived there at that time, nor know of his living in that very house just previous to this—he lived close by about a week or a fortnight ago, at Adam's house.
MR. GODSON. Q. Do you know the name of that man? A. Byers—I believe he works as a labourer, for any one that employs him.
COLIN FORBES (police-sergeant R 30.) I am attached to the Dock-yard at Woolwich. On the 19th of Nov. I went to the prisoner's house, about a quarter before seven o'clock in the morning—I searched in the cellar, and, under some old rags, I found a quantity of iron nails, and two small plates, all marked with the broad arrow, which is the mark with which her Majesty's stores are marked—(I have been in the police attached to the dock-yard for five years)—I looked in the room, it is occupied as a shop and living-room—there is only one room down stairs, and a cellar under-ground—I believe there is one bed in the room, which is occupied as a shop and kitchen—the house consists of one room and a cellar—I saw the prisoner's wife there, and two or three children—there was only one bed there—I have known the prisoner the last four years, and residing in that house the last two or three years—it is about five minutes' walk from the Dock-yard gates, and about 100 yards from the Dock-yard wall—I know Byers—I do not know what he is—I know nothing of him but seeing him backwards and forwards through the town—I saw him in company with the prisoner two days before he was taken.
Cross-examined. Q. Have you seen him in the prisoner's house? A. No—I have seen the prisoner several times go in and out—I never saw Byers go in there—there was a great quantity of old iron, and things of that sort, at the prisoner's, and only one bed there, I am certain.
DAVID ROY . I am a clerk in the steam-engine department in Woolwich Dock-yard—this copper bolt has the mark which is put upon her Majesty's stores, in several places, about two inches apart all round—these are the marks of the Queen's stores—this bolt is new, and so is this nail—here is a nail that I should consider to be one-third worn—these others are new, and they are marked, and belong to the store-keeper's department—such articles are never sold, whether old or new—after they have been used they are sent to Portsmouth to be re-cast—no copper is ever sold.
JURY to COLIN FORBES. Q. How long have you known the prisoner as a dealer in marine stores? A. Two or three years—there is written over his door, "Dealer in marine stores."
GUILTY . Aged 38.—Recommended to mercy by the Jury.— Confined One Year.
Before Mr. Common Sergeant.
BAXTER pleaded GUILTY .
MR. BALLANTINE offered no evidence against Lee.
LEE— NOT GUILTY .
162. ROBERT BAXTER again indicted with JEREMIAH SHEEN for stealing 4 3/4 yards of woollen cloth, value 2l. 18s.; and 1 pair of unmade trowsers, 14s.; the goods of Charles John Bond, their master; to which BAXTER pleaded GUILTY , and received a good character. Aged 19.— Confined One Year.
MR. BALLANTINE offered no evidence against Sheen.
SHEEN— NOT GUILTY .
Before Mr. Recorder.
GUILTY .— Confined Six Weeks.
CHARLOTTE DRAYTON NORMAN . I live at Battersea. The prisoner was employed by my landlady as a charwoman in the house—I lost three china cups and saucers, and a china basin—they were worth a great deal more than 18d.—I kept them in a side-board cupboard—I have missed them nearly a month—I next saw them in possession of Susannah Burchell.
Cross-examined by MR. ROBINSON. Q. Are you a widow? A. No, I am single—it is nearly or quite a month since I saw the prisoner in the house.
SUSANNAH BURCHELL . I am the wife of John Burchell, of No. 15, Ford's folly, Battersea. I purchased of the prisoner three cups and three saucers, six weeks ago to-day for 1s.—she told me she was selling for the old woman, Miss Norman—I live about 100 yards from her at the back, but I never saw her till she was at the police-court—I do not think the cups are anything more than common ware—the prisoner told me they were not hers—I asked her whose they were, and she said it was for this old woman (the prosecutrix)—I did not then know who she was—the prisoner said she sold them for a drop of gin, that the old woman was rather fond of a drop of gin.
Cross-examined. Q. How long have you known the prisoner? A. Better than four years—I knew her to work about at different places—I know her parents to be honest hard-working people.
MARY ANN KELLY . I am the prisoner's sister—I live at Mrs. Burchell's—I bought the basin of the prisoner for 4d.—the prosecutrix had offered it to me herself about ten minutes before—she came and asked for my sister—I said my sister was not in—I had a little boy ill with measles, and answered her very short—she pulled the basin from under her shawl, and said, "Will you buy this for 6d.?"—I said, "I have not the money," and she went away—I understood she gave it to my sister, for my sister said "Will you purchase this for the old woman?" I said, "She has been here, if Mrs. Burchell will lend me 6d., I will buy it?"—Mrs. Norman was waiting at the corner
for the 4d.—I gave my sister the 6d., and the 2d. was sent back by Mr. Maddox, at the chandler's shop—the prosecutrix was waiting up at the tollbar—she had offered me the ticket of a petticoat for 4d.
MISS. NORMAN re-examined. I never went to Kelly's house, or offered her the basin—it is the wickedest falsehood that was ever spoke; may the Almighty never receive my soul if it is not—I never offered her a duplicate—she must be the wickedest wretch on earth to say such a thing—I never got 4d. for my basin—I never called on Mary Ann Kelly—I called on the prisoner's mother—I never called on Mary Ann Kelly with a basin—I never offered it for sale—I declare it to be false—I cannot say I do not know Maddox's shop—I was not there on the Friday—I never deal at the shop—I board and lodge at a house, therefore I have no occasion to go to shops—I know the toll-bar—I cannot tell whether I was near that on the Friday—I never sent the basin to be sold, nor did I stand near the toll-bar for the money—I take a little spirits sometimes, the same as other people—I am not a tipsy woman for all that—I lived at Sir Thomas Wilde's for many years, and drank nothing but porter till I was ordered something for the lived complaint.
Cross-examined. Q. You do take a little spirits now? A. Every day of my life, one glass, in water—I take it about dinner-time—I have done so these five years by order of Dr. Nuttall—I never was in Mr. Madoox's shop—I believe I may have been there two or three times in the course of my life—I cannot say I have not been there within the last three months—if I have pawned anything, it is nothing to any one—I do not do so now—I do not know how long it is since I have done so—I never sent the prisoner or any one to pawn anything for me—I have not pawned things to get gin—I might buy some with the money—I take half-a-quartern every day—my landlady allows it me—I have no more.
RICHARD CLEAR (police-constable V 189.) On the 30th of Oct. I took the prisoner into custody—I told her Mrs. Norman charged her with stealing a number of duplicates—she gave me three duplicates, and said Mrs. Norman had sold them to her—I afterwards went to Mrs. Burchell's house and received three cups and three saucers there—I afterwards went to the witness Kelly, and got the basin.
SUSANNAH BURCHELL re-examined. Mary Kelly is a lodger of mine—the sent to me for 6d.—I lent it her—it was to purchase this basin—the prisoner brought it—she had not the change—she took the 6d. to Mr. Maddox's, and got the 2d., as I was told—I saw Mrs. Norman at my house once, but I did not know who she was—she asked for Margaret, and Mary Kelly answered her—I am not positive whether it was the same day the basin was bought—when the policeman came, Mary Kelly said the would send for Mrs. Howells, who was there at the time she bought it—I did not know what the 6d. was borrowed for—I bought the cups of her openly at the front door, and they had been offered to others in the neighbourhood—I do not think it was the day the basin was sold that the prosecutrix came.
MISS NORMAN re-examined. I was never at Mrs. Burchell's—I do not know where she lives—if I ever went there to inquire after the prisoner, it is not to my recollection—I believe I did go there once for the prisoner.
NOT GUILTY .
Before Lord Chief Justice Denman.
MESSRS. SCRIVEN and CLARK conducted the Prosecution,
WILLIAM HOWARD GILLMAN . I am superintendent of the Windsor police, I produce a copy of the record of the prisoner's conviction, from the Townclerk of Windsor—I have examined it with the original record—(read, Convicted 7th of April, 1842, of uttering two counterfeit half-crowns, and confined twelve months)—I was present at the trial—the prisoner is the person.
JOHN WHITLAMB (police-constable M 89.) On the 21st of Oct., about two o'clock in the afternoon, I was in company with West, another constable, at Rotherhithe—I saw the prisoner and another woman in company with two men—we watched them—I did not know either of the women before—after following them some distance, I saw the two women enter the house of Fanny Hutchins, the Red Lion, Dock-head, Bermondsey—(the men passed on)—they remained there a very few minutes, and came out—I afterwards went in and received from Mrs. Hutchins this counterfeit sixpence—I then followed the two women to the Marquis of Wellington, in New-street, about 200 yards from Mrs. Hutchins—they passed the house, returned to it, and both went in—I followed them in shortly after—they had some gin between them—I heard the landlady speaking to West about another bad sixpence—part of it was in the prisoner's hearing—I took them into custody—West has the other sixpence.
Prisoner. The other woman was committed, and is in prison now.
Witness. I believe she is—she was committed at the same time.
THOMAS WEST (police-constable, M 249.) I was in company with Whitlamb on the afternoon of the 21st of Oct, and saw the prisoner, in company with another woman and two men, in the Lower Deptford-road, Rotherhithe—I watched them to Mrs. Hutchins'—I saw the prisoner and another female standing at the bar as I passed the door—I did not see them go in—I afterwards went in, and Mrs. Hutchins showed me a 6d.—I then followed then to the Marquis of Wellington—I saw them go in there—I followed them in, and when the prisoner threw down the 6d. I told the landlady, Mrs. Shotten, that I thought it was bad—she picked it up, and gave it to me—I bit it, and said it was bad—I produce it—I saw the prisoner throw it on the counter—I did not see where it was before she threw it down.
Prisoner. It was not me that threw it down; it was the other woman; this man did not come in at all; it was the other officer. Witness. I stood at the bar, and called for half-a-pint of beer—the prisoner was the furthest person from me—I am certain I saw her put the 6d. down, for I was watching to see the money come down—I went there for that purpose—I stood alongside of her at the time.
FANNY HUTCHINS . I am the wife of Major James Hutchins, who keeps the Red Lion, at Dockhead, Bermondsey—on the 21st of Oct. the prisoner came in, along with Mary Ann Ward—they had half-a-quartern of gin—the prisoner gave me 6d., and I gave them 4d. changethey told me to make haste and give them change, and were talking about somebody being in trouble—they went away directly—I put the 6d. in the till—I had 2s. and two 4d. bits in the till at the time—in about five minutes West came in, and asked me something—I took the 6d. out of the till, and showed it him, then wrapped it in a piece of paper, and put it in the till again—it did not remain there above five minutes before I gave it to Whitlamb.
Prisoner. You first said it was 2d. we gave you, then 1s., and then 6d.; it was 1s. I gave you, and you gave me 10d. change, which was found on
me. Witness. No, I am sure she gave me the 6d.—there was no other 6d. in the till, I am sure of that—I had been giving change, and this was the only 6d. I had in the till—I received no other 6d. before the officer came—I am sure she did not give me 1s.—she gave me the 6d.
MARY SHOTTEN . I am the wife of George Shottten, who keeps the Marquis of Wellington, in New-street, Dockhead—on the 21st of Oct, the pri-soner and Ward came for half-a-quartern of gin—the prisoner asked for it supplied her, and she gave me 6d.—I gave her 4d. change, but held the 6d. in my hand, being suspicious it was not good—I looked at it, and scrupled it—I told her I thought it was not a good one—I afterwards jinked it on the counter—West stood by, and said it was not good—he wanted to take it away, but I would not allow him at first, as he was in private clothes—I at last marked it with the point of a pin, and he took it—I am sure I gave him the 6d. I received from the prisoner, for I never lost sight of it—this produced is it, here is my mark, where I scratched it across the head.
Prisoner. It was not me that gave you the 6d.; it was Ward, and she asked for the gin; when you said it Was a bad one, you gave it to me, and I said I did not know whether it was good or bad, and gave it you back.
Witness. It was the prisoner gave it me, she never picked it up, for I never let go of it—I do not know that she said the did not know whether it was good or bad, but I will not be positive about that.
Prisoner's Defence. Ward asked me to lend her 6d. which I did when the one she gave to Mrs. Shotten first was refused; it was Ward called for the gin; I think it is very hard she is not tried with me, when she is my chief evidence; it was 1s. I gave at the first place; the other I did not know anything about; I should like to have Ward examined.
MARY ANN WARD (a prisoner.) It was me that uttered the 6d. to Mr. Shotten—I was with the prisoner at the other public-house—I had just come out of the country, and accidentally met the prisoner—knowing her, I spoke to her—we went into a public-house—I do not know the name—I believe it was Mrs. Hutchin's—we were in two public-houses—I cannot say what she threw down at Mrs. Hutchin's, for I was talking to her at the time, and did not take notice, being in a hurry to get to my journey's end.
GUILTY . Aged 21.— Confined Eighteen Months.
Before Lord Chief Justice Denman.
166. CHARLES GIBBS and CHARLES PHILLIPS were indicted for feloniously breaking and entering the dwelling-house of George South, on the 1st of Nov., at St. Mary Newington, and stealing therein 2 coats, value 2l.10s. 5 scarfs, 3l. 10s.; 2 handkerchiefs, 1l.; 1 breast-pin, 1l.; I waistcoat, 15s.1 watch-key, 6s.; 1 cap, 4s.;1 shawl,6s.; and 1 hair-pin, 5s.; his goods; and that Gibbs bad been before convicted of felony.
MR. PARRTY conducted the Prosecution.
GEORGE SOUTH . I am a licensed victualler, and keep the Duchess of Kent public-house, in Deverell-street, Dover-road, in the parish of St. Mary, Newington. On Saturday, the 1st of Nov., about seven or eight o'clock in the evening, I went out into the back yard and found my back gate open, which was a very unusual thing, as it was not an entrance for customers, but merely a private back gate—I went back to the bar, got the key and double-locked the gate to secure it—that was as near twenty-five minutes or half-past seven as possible—I went up stairs to get an apron, unlocked my bed-room door, and found the window wide open, and the dwarf-blinds also—I looked out the window, and found the large looking-glass gone from the dressing-table, and put outside on the leads—I searched the bed-room
further, and missed five or seven scarfs, two satin neck-handkerchiefs, two waistcoats, one crimson-velvet and the other a drab-plush, and a watch, key was in one of the pockets—I also missed a cloth-cap—Gibbs has been in my employ occasionally for the last eighteen months, and knew the nature of my premises well—he has been up in my bed-room—I met him about eleven on the following Monday morning—I had a policeman in plain clothes with me—we met Gibbs, and he had a pin in his stock very much resembling one which I had lost, and a little gold chain attached to it which I was positive was mine—I gave him into custody, and Went to the station-house with him and the policeman, who searched him and found on him this crimson-velvet waistcoat and cap now produced—I can swear to the waistcoat—it was concealed under the waistband of his trowsers, and the cap was in his bosom—that ii also mine—I had seen Phillips once or twice in the week previous to the robbery—I did not employ him on the night of the 1st of Nov. to carry anything from my premises.
Cross-examined by MR. BALDWIN. Q. You knew phillips by sight? A. Yes, seeing him there once or twice the week previous to the robbery—not with Gibbs—the back gate leads into Bland-street, by the side of the house—there is no lamp nearer the gate than the corner of the house—there is no lump at the gate—the nearest parish lamp is opposite my house, but I have three lamps round my house—the back gate is in the same street as the tide of my house—the gas lamps are all in front of the house, in Deverell-street—the gate is some distance from the corner, the length of the house and kitchen, which is about twice the length of this Court.
MR. PARRY. Q. Does either of the gas lamps in front of your house, cast any light on the side of it? A. Not so far as the back gate—there it no gas light near the back gate—I do not think I had been in my bed-room after ten in the morning.
THOMAS TURVEY (police-constable M 196.) I took Gibbs into custody, by Mr. South's direction—I was with him—I searched him at the station, and found this cap and waistcoat on him—when I was searching him, he said, "Now I am done, I will give it up"—I produce the pin, which was in hit stock.
MR. SOUTH re-examined. This pin, I believe, is Gibbs's—I have seen him wear it—it is not mine—this other pin exactly resembles the pin I lost, but the stones have been token out, and turned upside down—the chain on it is mine—I can swear to it by a little crack at the end of the link, which I have found come undone in my scarf several times—this chain was in my room at the time of a previous robbery, not at the time in question.
NAOMI JARMAN . I live with my father and mother, at No. 142, Great Suffolk-st, Borough—I shall be 13 years old next June—I work at the shirt business. On Saturday evening, the 1st of Nov., I was coming from my work, and passed Mr. South's house about a quarter after seven o'clock—I left my work about ten minutes after seven—as I passed Mr. South's house I saw the prisoner Phillips come out of Mr. South's back gate, in Bland-street, carrying a bundle in both his hands—he went up Bland-street—I was on the same side of the way as he was, on the board near to him—I was going the same way as he was—he ran, and turned the corner of Great Bland-street—I saw him by the gaslight when he came to the corner—I saw him stand at the corner of the street, and then he ran, and passed along the Dover-road as fast as be could—I saw him again on the Tuesday following at Mr. South's, in the tap-room—no one was with me—there were two or three others in the tap-room bedsides Phillips—I recognised him immediately—I told the policeman I recognised him—I have no doubt of his being the man I saw that night.
Cross-examined. Q. Which way were you coining at the time the man came out of the premises? I was coming into Bland-street from Deverell-street—I am sure I saw him come out of the gate—he ran towards me—I was quite near to him when I saw him come out of the gate—I was standing on the board, skipping—I had got a very little way down Bland-street when he came out—it was rather dark—there was no lamp near—I did not go back—he followed me down Bland-street to the corner of the street, and there was a gaslight, and I saw him plainly—it was a shop light—this was about a quarter past seven o'clock—I had left work rather sooner than usual, and I looked at Mr. South's clock as I went past—it could not have been as early as six, or as late as half-past eight, or nine—it was a quarter past seven, I am certain—was quite sure of him when I first saw him in the tap-room—I said I was quite sure at first—I did not say I could not swear to him, but I thought it was like him—I never said that—I am quite sure he is the man—there was no time at which I doubted it—I have all along been quite sure he was the man, and always said so—I looked in his countenance, and he had rather a long nose—the other persons I saw in the tap-room were men—I did not I know any of them—they were sitting down—there was one man standing up, and Phillips sitting down, and two or three others sitting down—some were labouring people, and the others like gentlemen—I am satisfied he is the man, and that he actually came out of the gate—he did not merely pass the gate—I saw him come out—he left the gate open—he did not stop to shut it.
COURT. Q. You did not know Phillips before? A. No.
HENRY BARRY (police-constable M 171.) From information I received I apprehended Phillips—I asked him if he knew of the robbery at Mr. south's, the Duchess of Kent, in Deverell-street—he said no, he did not know where it was—I said, "You had better go round with me to Mr. South's, I have orders to take you into custody wherever you are found"—he said he would go with me—I said in going along, "You don't know where the Duchess of Kent is?"—he said, "Yes, I do know it"—I said, "Why not say so when I asked you?"—he said, "I said so, because I did not want the man that was with me to know I was there on Saturday night."
Cross-examined. Q. Are you sure he said on Saturday night? A. Yes, I had asked him if he had heard of the robbery at the house on Saturday night, and he said no, he was not there—I said we could bring very good proof that he was, and in going along he said he was there on Saturday night, but denied it in presence of the man, because he did not wish him to know he was. there.
Gibbs's Defence. I went home about ten o'clock that day to see my brother; I stopped with him all day, and came home about six o'clock; I crossed over towards the prosecutor's house to see the time, and under the wall there was this waistcoat; I put it under my waistcoat and went home; on the Monday I was coming home from my own house; Mr. South came up to me and said, "I will swear to the pin he has got in his breast;" I said, "No, you cannot swear to that;" and at the station-house he could only swear to the chain; I said I know nothing of the robbery; they began to search me, and found the waistcoat; I said, "I will give it up," which I did.
MR. BALDWIN called the following witnesses.
ELIZABETH DARKE . I live at No. 13, Bennett's-buildings, Kennington-road—my husband is the mate of a ship at present—I know the prisoner Phillips—he has no wife, that I am aware of—he has a sister—his eldest sister makes dresses for me—he lives in the London-road—he has lived there some time, and is a fishmonger—I have a particular reason for remembering being
at his house on the 1st of Nov.—my husband and myself were there about half-past six o'clock in the evening—we are certain it was that hour—(my husband went abroad on the Monduy following)—I was there three quarters of an hour—I saw the prisoner there, sitting in a chair at the further end of the shop, talking to a young woman with an infant in her arms—I staid there more than half an hour, or it might be three quarters—the prisoner, his mother, and sister Mary were there, and a young person, whom I have since understood to be named Goldsmith—she was standing there talking to him with a child in her arms—he never left her but once, and that was to serve me with some fish—I left the house, as near as I can judge, at a quarter past seven o'clock, for, at the time I got home, which is no great distance, the man was passing down there with beer—I do not know Deverell-street.
MR. PARRY. Q. Is Goldsmith here to-day? A. I believe she is, and hit sister Mary—I have known Phillips's family five or six years, and I have known the prisoner by dealing with him—his sister is a dress-maker—the younger sister was not in the shop—it is not a very large shop—it is a sort of fish-stall rather than a shop, but it is a shop.
DANIEL PARTLOE . I am a tailor by trade, and live at No. 1, Queen's-street, Walworth. I have known Phillips and know his house—I was there on Saturday night the 1st of Nov.—I have reason particularly to remember the circumstance—I distinctly remember that I was there that night—as I was returning from the London-road, Phillips nodded to me, and I crossed over to his shop—there was a lady and gentleman in the shop who I did not know—I walked into the shop and sat down, and the lady and gentleman went away—it was Mrs. Darke, but I did not know her—I went into the shop about seven—Phillips was there at that time—I stopped there until half-past nine—he did not go out during that time, I am quite positive—he was there all that time—I have known him for the last eleven years—I know nothing of him but being an upright honest man, attentive to his business.
MR. PARRY. Q. You are a tailor? A. A tailor by trade—I keep a shop at No. 1, Queen-street, Walworth.
Q. As you are a tailor tell the name of any customer you have been doing business for lately? A. That I have been doing business for lately? am I allowed to answer that?
COURT. You are perfectly at liberty to answer it. Witness. Answer who I work for?
MR. PARRY. Q. Answer the question. A. Who I work for?—why I work for Mr. Johnson,—he lives at No. 5, Tooley-street—he is a potato merchant—I worked for him when I lived in Bermondsey-street—the last job I did for him is two months ago—I did not live in Bermondsey-street then—I do not exactly live by tailoring—I live by selling clothes, and letting out carts and, trucks, and I take my bag across my back and cry clothes—I buy clothes.
Q. Can you mention the name of any other customer you have done business for lately? A. I have done business for—what do ye call him there, what was Lord Mayor some time ago—I am quite confused, and cannot exactly recollect the name—I forget his name upon my life and soul—I do not know the Duchess of Kent public-house—I was never in it in my life, nor hardly any other public-house—I got to Phillips' house at seven o'clock and was there till half-past nine—I then left Phillips in his shop—I cannot say how far his shop is from the Duchess of Kent—I know Deverell-street, that is about three quarters of a mile from Phillips' house—it would take about six minutes to walk there at a sharp pace—I was there from seven o'clock till half-past nine—we were talking about business—I asked Phillips how be found business, and he asked how I found it and I said very bad—I had nothing
to drink there—I am not in the habit of drinking—I had nothing to eat—I do not know whether any meal was taken by the family—the family do not live there—there was nobody there besides Phillips and me after Mrs. Darke left.
ELIZA PHILLIPS . I am the prisoner's sister—I remember the 1st of Nov.—I was at my brother's house that evening, from six till nine o'clock—Mrs. Darke was there, Mr. Partloe and my brother—I did not go away at nine—my brother did not go out during that time—I remember the day particularly—I remember Mrs. Darke coming—I was standing at the back part of the shop some part of the time while Partloe was there, and part of the time I was at the door—I am sure my brother was there from six till nine.
MR. PARRY. Q. Do you live there? A. No—my brother did not I leave at nine—I remained in the shop it might be a few minutes more than I nine—Partloe was not there all the time—we had no tea or supper while he was there—we had tea before he came—I cannot say how long Partloe was there altogether—I did not remark what time he left—I spoke to Partloe I while he was there, and asked how his wife was—there was no drinking I between my brother and Partloe—I do not know what business he had tbere—he visits my brother sometimes—I believe Partloe left some time before me—I cannot say whether he left at eight o'clock—perhaps it was half-anhour before me—my brother is of the Jewish persuasion—we open shop on Saturday night as soon as it is dark.
(William Thomas Homer, tailor and hatter, Stoke Newington; William Sawyer, greengrocer, London-road; and George Peacock, corn-merchant, St. George's-road, Southwark; deposed to Phillips's good character.)
Gibbs. I cannot bear to see a man's life sworn away, and I plead guilty myself; I never saw Phillips in my life; he was not there at all; the prosecutor is as big a scamp as ever lived; in my opinion, the child has been bribed to do this I cannot stand hers and bear a man accused of what I am guilty of.
MR. SOUTH re-examined, Phillips came to my house two hours after robbery—I saw him there at night, and he stopped there till half-past ten o'clock.
HENRY BARRY re-examined. He denied being at the house that night, or that he knew the house at all—he afterwards admitted that he had been there—he did not state what time he was there—I mentioned the robbery to him, and then he said the reason he denied being there was wishing the man not to know he was there.
CHARLES BURRIDGE . I produce a certificate of Gibbs's former conviction from the clerk of this Court—(read—Convicted on the 22nd of Aug., 1842, of larceny, as servant, and confined six month)—I was present at the trial, and am certain he is the man.
GIBBS— GUILTY . Aged 19.— Transported for Twelve Years.
PHILLIPS— GUILTY . Aged 37.—Recommended to mercy by the Prosecutor and Jury,— Confined Twtlve Months.
Before Mr. Baron Parke.
GUILTY . Aged 31.— Transported for Life.
Before Mr. Recorder.
168. MARY CUMMINGS and CAROLINE CUMMINGS were indicted for stealing, on the 30tb of Oct., at St. Mary, Newington, 2 silver forks, value 2l.; 2 silver mugs, 6l.,; 17 silver spoons, 5l.; 1 pair of silvertongs, 1l.; 1 pair of silver candlesticks, 10l.; 1 silver tea pot, 5l.; 1 silver mustard pot, 1l.; 1 silver candlestick, 3l.; 1 silver basket, 2l.; 1 silver ladle, 1l.; two silver spoons, 1l.,; 5 silver dessert spoons, 3l.; 1 pair of silver candlesticks, 10l.; 1 silver mug, 6l.; 1 silver mug, 2l.; 1 silver milk-pot, 2l.; 2 silver soup ladles, 3l.; 9 silver spoons, 5l.; 1 silver watch, 4l.; and 1 silver mug, 3l.; the goods of Sarah Hunter Taylor Cathcart, in the dwelling-house of Charles Shaw.—2nd COUNT, stating them to be the goods of Charles Shaw.
MR. PARRY conducted the Prosecution,
CHARLES SHAW . I am a solicitor. My offices are on Fish-street-hill—I live at No. 11, Terrace, Walworth, in the parish of St. Mary, Newington—On Monday, the 20th of Oct., when I came home, a communication was made to me by Mrs. Shaw, who has been very ill for the last two years, and last night we did not expect she would survive the night—she placed nineteen duplicates in my hand—the prisoner Caroline was in my service at that time, and had been so nearly eleven years—next morning I called her into the breakfast room, put the duplicates before her, and asked her where she I obtained those duplicates from, which she had given to Mrs. Shaw last evening—she said she had received them from Mary—I asked her to look at them and I see if they were them—she said, "Yes"—I asked how Mary became possessed of them—she said she admitted Mary to the house at different times, and Mary had taken away the property and pawned it—I asked what business she had to let Mary into the house, as she had been forbidden when she I was dismissed the service—she said she would come in and bring a basket with her—I asked why she did not inform her mistress or me of it—she gave no answer—she was subsequently given into custody—I never persuaded her I to make a confession—I found there was property wanting, of which she had no duplicates, and asked her about them, and she afterwards gave me the duplicate of a pearl and diamond brooch—I have a list of the duplicates—I know Miss Cathcart—she placed in my custody in July, 1844, a box of plate—I did not see the contents of the box at that time—it was delivered to me locked and corded—I sealed the cord myself, and placed it for safety under my own bed—I never touched the box myself between that time and the 20th of Oct.—I saw it under the bed nearly every morning—I never authorized Caroline Cummings to open it—I examined the box after I received the duplicates and found the lock broken, and very few things in it—the prisoner Caroline was in bed then—it was at night—Mrs. Shaw gave me the duplicates—I communicated with Miss Cathcart on discovering the lost, and went with her to Mr. Turner's, a pawnbroker, No. 19, Pearl-row, about 100 yards from my house—I there found the property mentioned in the nineteen duplicates, and Mr. Turner showed me other property, which I identified as Miss Cathcart's—I discovered other property wanting in my house, and I asked Caroline respecting more articles—she produced the duplicate of a pearl brooch and a diamond brooch—I subsequently gave orders to have Mary apprehended—she was apprehended the following day, and brought to my house—I think I said to her, "How could you commit so great a robbery as this in my house?"—she begged I would have mercy upon her—that was her only answer—I had not given her authority to pledge property—I had not seen her since she had left my service, which is ten years ago.
Cross-examined. Q. Mary was in your service before Caroline? A. Yes, and must have left my house in 1834—she was pert and irritable—we dismissed her on that account, that was all—I have scarcely dined at home for the last two years, in consequence of the illness of my wife, and the domestic arrangements have been under the care of my wife—my wife
was not at the Police-office—I have not been out of town much for the last twelve months—I was once in Ireland, but only for four days—I always sleep at Walworth—I never sleep in town—I leave the money required to pay the bills of the house every Saturday—the day after the discovery of the robbery, Mr. Turner came to my house—some of the property was produced—Mrs. Shaw was present—Mr. Turner, on that occasion, mentioned the fact of a quantity of the property having been redeemed at one time, particularly on the day this was discovered—neither of the prisoners were present—Mr. Cummings, their mother, was.
Q. Was it not stated by Mrs. Shaw, that she had advanced 20l. to get the property out of pledge? A. She said she had; for, at the time Caroline gave the duplicates to her, she found some of them had their term run out, and she hastily sent 20l. down to the pawnbroker's, to redeem part of the property—nothing was said about 50l.—Mrs. Shaw did not say, if she had had 50l. she would have redeemed property to that extent—part of the money she did advance was not mine—it was stated that 20l., or thereabout, had been paid to redeem articles—something was said about redeeming property at a previous time—I have reason to believe that on one occasion she redeemed the whole of the property, and forgave the servant for pawning it, the mother and daughter having gone on their knees and begged forgiveness—the box was again locked, corded, and sealed, and it is for the second offence, in breaking it open again, that I bring her here—Mrs. Shaw has been in such a state of health as to make her, at intervals, unfit for bnsiness—she is subject to fits, and at times completely under the control of anybody, and this robbery has preyed upon her mind—I have seen both the prisoners since the discovery—they never once uttered a syllable about Mrs. Shaw having directed the pledging of this property, but asked me to have mercy on them, nor did they make any such defence before the magistrate.
NOT GUILTY .
(There are other indictments against the prisoners, remaining for trial at the next Sessions.)
Before Edward Bullock, Esq.
JANE MOAKES . I am the wife of Robert Moakes, and live in Duke-street, Westminster-road. On Thursday, the 30th of Oct., between eleven and twelve o'clock, I heard some person walking through the passage of the house—I went into the wash-house at the end of the passage, and observed a pair of scales there belonging to my husband, moving, as if somebody had just touched them—I looked, and missed two weights, which I had seen there not two minutes before—I went into the yard, and heard the creaking of a basket—"I called out to Esther Bradley, who came and opened the privy door, and found the prisoner there—I did not know her—she had no business there—Bradley asked her where the two weights were—she said she knew nothing about them—I have since seen one produced by Ould, which I know to be my husband's—it was in the scales before I missed it.
ESTHER BRADLEY . I lodge with Mrs. Moakes—she called me—I opened the privy door, and saw the prisoner coming out—I went into the privy, looked down, and saw a weight in the soil—I accused the prisoner of it—she said she knew nothing of it—a policeman was sent for—the prisoner asked me to let her go into the privy again, which I did, and when I went in I saw some bricks had been thrown down—I saw the weight taken out from the soil—this is it.
Prisoner's Defence. I was taken suddenly ill, and seeing the passagedoor open, I rushed through into the yard; I know nothing of the weights; I helped to look for them; I deny throwing any bricks down; the policeman pulled up the seat, and some pieces of brick and mortar fell in.
JAMES FROST (policeman.) I produce a certificate of the prisoner's former conviction—(read, Convicted 18th March, 1844, of larceny, and confined three months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 53.— Confined Twelve Months.
170. RICHARD MILLS was indicted for stealing 2 groats, the monies of George Wetton Jordan; and that he had been before convicted of felony. George Wltton Jordan. I am a baker, and live in Bedford-row, Walworth. On the 3rd of Nov., between twelve and one o'clock, I was in my parlour—a customer came into the shop—I went, and found the prisoner behind the counter, coming on his hands and knees from the place where the till was—I took hold of him, and found the till open, and two 4d. pieces, which were there a few minutes before, were gone—there was some copper in the till, which was not gone—I had left the till shut—I searched the prisoner, but could not find the two pieces—I sent for the officer, who put his fingers into the prisoner's mouth, and took the two 4d. pieces out.
GUILTY . Aged 11.— Confined Four Months.
Before Mr. Common Sergeant.
GUILTY . Aged 30.— Confined Three Months.
WILLIAM EVANS . On the 20th of Nov. I was close to the Elephant and Castle—I got half-way across the road—a man ran past me—I crossed, and turned, and saw the prisoner between two officers—one of them had my handkerchief—I claimed it—it had been in my pocket just before—this is it.
CHARLES WRIGHT (police-constable N 304.) I saw the prisoner take this handkerchief from Mr. Evans's coat-pocket—he was in the act of handing it to another who was in company with him—I seized the prisoner—another officer came up—I went to try to find the other who had run off, but I could not—I turned hack, and saw the other officer had got the prisoner and handkerchief—there was a crowd of ten or a dozen persons—some carriages were passing—the prosecutor paused for a moment, and then it was done.
Prisoner. I was waiting for my father; I saw the other man take the handkerchief; they took me, and said they knew me to be a convicted thief; they found it on the ground; I was not near it. Witness. The prisoner took it;
I put my hands round him; the other one ran across, and got off; I called for assistance, and gave the prisoner to another officer.
Prisoner. He says false, it was not me took it.
(The prisoner pleaded guilty to the previous conviction.)
GUILTY .* Aged 18.— Transported for Ten Years.
GUILTY . Aged 21.— Confined Two Months.
THOMAS WILLIAMS . I am shopman to Mr. Charles Davis, a butcher, in Mount-street, Lambeth. On Saturday night, the 8th of Nov., at half-past ten o'clock, I saw the prisoner take a piece of beef off the front board—I let her get about twenty yards from the shop, I then stopped her, and took the beef from her—it was my master's—she said she was going to take it to the shop and get it weighed, and that it did not belong to us.
Prisoner. I was quite in distress, and am a poor widow.
GUILTY . Aged 47.— Confined Three Months.
(There was another indictment against the prisoner.)
ESTHER PAYNE . I am the wife of James Payne; we live in Love-lane, Rotherhithe. On the 25th of Sept. I took the prisoner in from charity—she left me on the 1st of Nov.—I then missed the articles stated—I found five duplicates in the room where she slept—I went and found these articles.
Prisoner. I am sorry for what I have done.
GUILTY . Aged 44.— Confined Six Months.
176. JANE CRIBB was indicted for stealing 2 sheets, value 2s.; 2 pillow-cases, 1s.; 1 shawl, 7s. 6d.; and 1 brooch, 9s. 6d.; the goods of Fynn Minter Buckingham, her roaster: and MARY ANN CURTIS for feloniously receiving the same, well knowing them to have been stolen.
ANN BUCKINGHAM . I am the wife of Fynn Minter Buckingham. The prisoner Cribb came into my service on the 16th of Oct., and left on the 30th, while we were out—she left the street-door open—I missed the articles stated, which were all safe when I went away—I had been gone about an hour—these are the articles—they are all mine.
AMBROSE MOORE (police-constable M 248.) I took Cribb on Friday night, the 31st. of Oct., near the Swan public-house, in the Kent-road—Curtis and another female were with her—when I took Cribb I told her she was charged with robbing her master—she said she knew all about it, and supposed this would be a six month's job for her; but she was not the only one, there were two others in it, and they were the two who were with her—she told me where she pawned the things, and I went and found them.
Curtis's Defence. Cribb came to my house on the Thursday night, at twelve o'clock, and said she had left her place—I asked the reason—she said the other girl persuaded her, that she had come down the Kent-road, and the other girl left her, and she had come to live with me—I went with her to pawn the articles.
CRIBB— GUILTY .* Aged 17.— Confined Six Months.
CURTIS— NOT GUILTY .
177. JOHN BROWN and MARY ANN BROWN were indicted for stealing 1 table, value 2s.; 1 dish, 6d.; 1 basket, 1s.; 1 frying-pan, 1s.; 1 looking-glass and frame, 1s.; 1 tub, 9d.; 4 basins, 4d.; 1 trowel, 2s.; 1 pepper-castor, 2s.; 1 teapot, 6d.; and 1 towel, 6d.; the goods of John Sansom.
JOHN SANSOM . I live in Gravel-lane, Southwark. The prisoners lodged in my house—I missed from my back kitchen the table and other things mentioned—the prisoners had left me on the 8th of Nov.—on the 11th of Nov and my witness hid ourselves in the coal-cellar when my son went out, at six o'clock in the morning; and in a quarter of an hour afterwards both the prisoners camen—I heard them pass—they went up stairs, opened the door, and turned down the stairs again—I opened the coal-cellar door, and caught John Brown in the passage—he had not anything with him.
Cross-examined by MR. PAYNE. Q. The property stated in this indictment was gone on the 8th? A. Yes, on the Saturday before—they lived together as man and wife for five weeks before these things were missed—they left on the 8th of Nov. without notice, a fortnight's rent was not paid.
JOHN MOY (police-constable M 207.) I received charge of the prisoners on the 11th of Nov.—I went to No. 9, Pump-court, which was the address given by both the prisoners—I there found the table, the basket, the frying-pan, and other things which the prosecutor had lost—they are all here but the table—the prisoners claimed some duplicates and money which I found in the room—they applied to the Magistrate, and he ordered me to give up the duplicates to them—the woman did not say that he was her husband, and he never said she was his wife.
Cross-examined. Q. Did you not say that they passed as man and wife? A. Yes, but not from their statement—I stated they took the room as man and wife—I did not swear that they described themselves as man and wife—I was asked by the clerk whether they were man and wife, and said they represented themselves as such when they took the room.
NOT GUILTY .
178. JOHN BROWN and MARY ANN BROWN were again indicted for stealing 1 box, value 2s. 6d.; 1 shirt, 3s.; 1 pair of braces, 1s.; 1 scarf, 3s.; 1 printed books, 6d.; and 1 other book, 6d.; the goods of James Sansom; and that Mary Ann Brown had been before convicted of felony.
JOHN SANSOM . The prisoners lived with me, and left on the 8th of Nov.—I thought it necessary to watch on the morning of the 11th of Nov.—I began to watch about six o'clock, and found the prisoners in the house between six and the half hour—neither of them had any business in the house—I caught John Brownn the passage, at the foot of the stairs—I kept him in custody—I missed on that day a shirt, a pair of braces, a scarf, and book—they are my son James's.
Cross-examined by MR. PAYNE. Q. Did you hear more than one footstep
going up the stairs? No more than one—I found John Brown at the the bottom of the stairs, in the passage, near the street.
HENRY SOMERS . I was watching with the prosecutor on the morning of the 11th of Nov.—I heard a footstep go up stairs—I heard the woman go into the room and come out again—she was coming down again—I ran up the stairs and caught hold of her—she had this box in her hand, which contains the articles stated in this indictment—she said, "Pray let me go—if you will let me go we will return all the things we have taken away"—I did not see John Brown then—I saw him when I came down.
Cross-examined. Q. Did she not say, "Let me go, this is the first time, and I will return all the things taken away?" A. She said, "We will return."
SAMUEL WILSON (City police-constable, No. 515.) I produce a certificate of the prisoner, Mary Ann Brown's, former conviction—(read—Convicted 1st Jan., 1844, and confined six months)—she is the person.
JOHN BROWN— GUILTY . Aged 22.— Confined Six Months.
MARY ANN BROWN— GUILY . Aged 18.— Confined Eighteen Months.
Before Mr. Recorder.
179. FRANCES PAYNE was indicted for stealing 1 shawl, value 1l.; 1 parasol, 3s.; 1 pair of gloves, 2s. 6d.; and 1 handkerchief, 1s.; the goods of Mary Medwin; and that she had been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
MARY MEDWIN . I am a widow, and live in Miller's-lane, Vauxhall—the prisoner came to lodge with me on the 15th of July, and remained till the 25th, when she went away between eight and half-past eight o'clock in the morning—she did not give me the slightest information that she was going, and I had not received a farthing of rent from her—I did not see her go out—on that day I missed a black satin shawl, a parasol, a pair of new black silk gloves, and a handkerchief—I had seen them safe about half-past seven o'clock the same morning, and, to the best of my belief, they were on the dining-table in the front parlour—the prisoner hired a bed-room of me, but she had the use of the front parlour occasionally—I am sure I did not give her authority to meddle with these things in any way—I have not seen any of them since, but they were seen the day after she left.
Prisoner. The evening before we were up all night; it was Vauxhall night, and we all went out to walk, except her mother; I left that morning I at nine o'clock, to go into the City, and she shook hands at the door with me; I left a lodger there, and I told him I was going into the City; I had the shawl on; she had lent it me two days previous.
Witness. I had not lent her the shawl—I did not shake hands with her—I had not been up all night—she took me to Mr. Jones, who, she said, was her agent and money-collector—she represented herself as a person of great property—I saw her in conversation with Mr. Jones—she took me into the Court of Chancery, where she said she had a suit—some man met her there—she said she went to Mr. Jones's the night before, and his clerk accompanied her home.
SAMUEL WATKINS . I live in Miller's-lane, Vauxhall. On Friday morning, the 25th of July, I saw the prisoner at Mrs. Medwin's house—on the following morning I saw her again in Leicester-street, Leicester-square—I observed she had a parasol and a satin shawl belonging to Mrs. Medwin—I believe she had the gloves and the pocket handkerchief, but I could not
swear to them; I could to the shawl and parasol—she said, "Halloo, Watkins, I am glad to see you," and she told me, if I would go to Mr. Jones's, she would satisfy me that she had stopped there all night—I went there—she introduced me to the clerk—there were two or three entrances to the premises, which I was not aware of—she told me to wait—I waited two or three minutes; I then turned round, and she was gone—I inquired, but I could not find anything of her—I knew the parasol, because I gave it to Mrs. Medwin myself, and I had burnt a hole in it with a cigar—I saw that hole in it; and the prisoner made the remark to me, "I hope Mrs. Medwin is not angry at my taking her things."
Prisoner. On the same morning we all breakfasted together, and you went across the square and had rum with me; I had gin and water. Wittness. Not a drain—I saw her with a man in the square, and as soon as she saw me she left him.
HENRY JONES . I had been at home once or twice when the prisoner called—I do not know whether I was at home when she called with Mr. Watkins—she had come to us in the afternoon before, and we could not get rid of her—she stopped till a certain hour, and then was obliged to go—I never allow strangers to stop all night—she imposed on me—she said she came to me by Mr. South's direction, to sell some property, and she got, acquainted with my wife.
Prisoner. All I have stated is fact; I am not guilty.
CHARLES REVELL (police-constable L 175.) I produce a certificate of the prisoner's former conviction from the Clerk of the Peace of Surrey—(read—Convicted the 8th of July, 1844, and confined twelve months, the last twenty-one days solitary)—she is the same person—there were many persons came forward against her.
GUILTY . Aged 34.— Transported for Seven Years. (See the next Case.)
MR. PRENDERGAST conducted the Prosecution.
MARY FRANCES WHITTENBURY . I am the wife of James Whittenbury—we live at Manor-house, Lewisham. On Saturday, the 18th of Oct., the prisoner came for a furnished apartment, about eleven o'clock—she came with a piece of paper, with the name of a friend of mine on it—I let her a bed-room, at 10s. a week—she referred me to Mr. Moss, a solicitor, who was in the habit of visiting her at times, and Mr. Vickers, a distiller—she told me a great deal about her property—she said Mr. Lowe was a friend of hers, and he sent her to me; that she met him promiscuously on the Heath, and he went into the Green Man, wrote my direction, and recommended her to me—she said Mr. Lowe was gone to London to pay the insurance; and would I allow her to stay till he called—I kept her till seven o'clock at night—he did not call, and I said I did not think he would come—she said she was to send for her piano to Mr. Vickers' on Monday—she said she had come by an omnibus, and had lost her money; how was she to get home unless I lent her money?—I lent her half a crown—she then said she should be very cold, having broken her ribs; and I lent her a black satin shawl, and a handkerchief—I was to fetch her at ten o'clock on the Monday morning to my lodging—my daughter, who is seventeen years old, took her from my house at seven o'clock at night, to get a coach—she ran away from her, and was taken the next morning—I did not see her again till she was in custody.
Greenwich. This shawl was pawned with me on Saturday evening, the 18th of Oct., between eight and ten o'clock, by the prisoner, for 4s., in the name of Mary Judson—I am quite sure she is the person.
JOHN EVANS (police-constable R 190.) I took the prisoner on Sunday, the 19th of Oct., at the Greyhound, at Greenwich—I asked her what her name was—she said, "Frances Payne; I am a widow; I keep the White Hart, Tottenham Court-road"—I asked if she had any cards of reference—she produced three of Mr. Whittenbury's, and said, "Mr. Whittenbury is my agent; I have known him some time"—she complained of being robbed in the public-house where I found her, of a 5l. note, two sovereigns, and some silver—I told her she was charged for obtaining money and other property from different persons—she said, "I am quite prepared to meet the charge, I know nothing about it"—she was searched by a female, and the duplicate of the shawl, and some money, was found on her.
MARY FRANCES WHITTENBURY re-examined. This is my shawl that she got from me that night—I lent it her to keep her warm, and to be returned on Monday—she did not say how many ribs were broken, but a great many.
Prisoner. I am not guilty of the first charge; in the second, the property would have been returned had I not been taken; it had been proved I was suffering from broken ribs by the doctor at Horsemonger-lane.
GUILTY . Aged 34.
JAMES MATTHEWS . I am a marine-store dealer. On the 11th of Nov., about two o'clock in the day, the prisoner came to my shop—she had a child with her—she asked me to buy the false bottom of a grate for old iron—she said her father had sent her—I told her to wait while I served another customer—while I was serving the customer the constable came in and took the prisoner.
THOMAS BENT (police-constable, V 95.) On the 11th of Nov. I saw the prisoner in Mr. Matthews's shop—she had this false bottom with her, and said her mother sent her to sell it—I asked her where her mother lived—she said "Down Ebenezer"—I said, I knew better; I should take her in custody, and go there—she then said, "It is no use going there; I took, it from a shop round by the back of the new houses."
CHARLES CROUCH . I am an ironmonger, and live in Larkhall-lane, Clapham—this false bottom is mine—I had seen it safe about ten o'clock on the morning of the 11th of Nov. on the counter—I know it by continually handling it, and I see here is a speck in the corner of it that I had noticed before—my shop is not at the back of some new houses—I never saw the prisoner in my shop—I do not know her—I have seen her friends.
THOMAS BENT re-examined. Q. Where does she live? A. In Princes-street, Lambeth—I took the other child, who is her sister, to the station—I have seen the prisoner almost every day—she goes about hawking onions by herself.
ELIZA WHITE . I am her mother—her father sent her out that day with a few onions, while he was roping up some more—he told her if she did not take a farthing not to stop long—the child who was with her was my daughter Charlotte, who is nine years old—I sent her with her thinking she would make more haste.
NOT GUILTY .
MESSRS. SCRIVEN and CLARKE conducted the Prosecution.
JAMES WALLIS . I am a baker, and live in the Old Kent-road. On the 24th of Oct. the prisoner Hacket came to my shop—she asked the price of a half-quartern loaf—I told her it was 4d.—she said, "Give me a penny worth"—I cut her off a penny worth—she gave me a sixpence—I discovered it was bad—I bent it, and eturned it to her—I said, "How many more of these have you?"—she said she had just taken it, as I understood for the sale of leather—she gave me another—she had got something else in her hand—I did not take notice of it—she went away, and the policeman came in in disguise—they call him the cobler.
Hachett. You said you did not know whether it was good or bad; you Showed it to a young man, and he said it was bad; he returned it, and I gave you another—you stood talking two or three minutes; I told you to make haste—I said I had just taken it of a gentleman's servant; I followed him, he had a bad foot; I overtook him, and said, "You have given me a bad sixpence, and he gave me another for it."
Witness. She did not tell me she had taken it of a servant, and to make haste—I am very quick in my motions in general.
WILLIAM COLLINS . I am a baker, and live in John-street, Old Kent-road. On he 24th of Oct. Doolan came for a halfpenny-worth of gingerbreadcakes, and tendered me a xpence—I aid it was very bad, and I bit it almost double—he gave me another, and I gave him a 4d. piece, and 1 1/2d. in change—I gave him the bad sixpence, and he went out—I saw Hackett on the opposite side of the way.
Doolan. How can you swear I am the man that offered you the sixpence?—a man came up to me in the road, and asked me to have two gingerbread-cakes; I took them and put them into my pocket. Witness. I will swear you gave me the sixpence—I returned it, and you gave me a good one.
SAMUEL EDWARD MOBBS . I keep the Prince of Saxe Coburg, in the Old Kent-road. On the 24th of Oct. Hackett came and had something to drink—it came to 1d.—she gave me a sixpence—it was what I should call a good bad one—it had never been bent—I bent it and gave it her back—I said, "This won't do; if you have got any more hand them over"—she gave me two more, and said, "Just tell me whether these are bad; I just took them for some leather up the road"—I took one of them, and gave her change—she drank what she had and went out—I followed her, and said, "Let me look at that sixpence"—(I wanted to get it in my hand)—she said, "It is no use to you or I, if it is a bad one; I may as well chop it up"—she put it in her mouth and bit it—I took a piece of it from her mouth—the constable came up there directly—he was there watching all the time, but I did not know he was a constable—I gave the piece of the sixpence to the constable August—I should say this is the bit I took from Hackett (looking at it), but I have not had it in my sight ever since—I kept it in my hand till I delivered it to August.
Hackett. I asked for a three-halfpennyworth of gin; I threw him down a sixpence; he said it was bad; I took it up and said, "I have just taken it for leather;" I threw him down two others, and said, "Be so kind as to look if these are good;" he said, "Yes," and took one; he said if he were me he would make away with the sixpence to prevent getting into trouble.
twelve yards from the door when I followed her out, not more than the length of the house.
Hackett. When you came up I had part of it in my fingers, and part between my teeth; you asked me to give you the sixpence. Witness. I did in the first onset—when I followed you you said it was no use to you or to me, if it was bad you would destroy it—you broke up the sixpence and threw some pieces away.
Hackett. Q. Was there not a man standing by with a coarse apron on, who picked up the piece? A. A policeman dressed as a cobler took up part of the sixpence she threw away, the one she was biting to pieces.
COURT. Q. But you had taken some out of her mouth? A. Yes I did, and have produced it—the other policeman has got one piece, which he picked up—I told Hackett it would be a bad thing for her if she were taken up for a smasher—she did not attempt to destroy it till I asked her for it again.
HACKETT. The man that took me had a green coat, and was dressed as a green-grocer; he was not in the dress of a cobler; he had a hand-basket and two boots; he asked me to show him the pieces of the sixpence; I said I had I just thrown it all away; he said, "Never mind, old woman, it may be a good one yet;" he took me into the tap-room, and left me there three quarters of an hour. Witness. That conversation did take place.
MR. SCRIVEN. Q. Are you quite sure that the piece you produce to-day it the piece you took from Hackett's mouth? A. Yes.
JOHN WHITLAMB (police-constable, M 89.) I produce a piece of a sixpence which I picked up off the ground—Hackett dropped it while she was chewing the piece in her mouth, which my brother officer has—she affected to give it to me, but Mr. Mobbs got it from her mouth, and gave it to my brother constable—on that day I saw the two prisoners, between one and two o'clock, proceeding down the Kent-road, in company and in conversation together—I saw Doolan go into the Wellington public-house—I waited at the door—he was not in a minute—Hackett went from that door to Mr. Wallis's, which is two or three doors further on—she went in, and Doolan crossed over on the left hand side, and stood a few yards distance from the shop—I heard Mr. Wallis say to Hackett, "It is a very bad one?" she had then got it in her possession—I then passed down the road, and watched a few minutes—I saw the prisoners joined together, crossing the Surrey Canal bridge, and talking together—I saw Hackett go into a green-grocer's shop for a halfpenny worth of onions—they then had their dinners at the Kentish Drovers, in the same box—they came out, and proceeded down the road, till they came to Mr. Collins's shop—Doolan went in, and Hackett stood immediately opposite, and had a full view of the shop—she could see the shop window and the shop door, and Doolan could see her by looking through the window—as soon at Doolan came out, I went in and inquired what he required, and they said a halfpennyworth of cakes, that he had tendered a counterfeit sixpence, which had been returned to him—I saw the prisoners in company again, p erious✗ to Hackett's going into Mr. Mobbs's—there is a water-trough outside✗ Mr. Mobbs's house, Doolan went and washed his hands there, and while doing it he appeared to be looking towards the street door where Hackett had gone in—I saw Mr. Mobbs and Hackett come out—Hackett was trying to chew the sixpence, and Mr. Mobbs tried to get it away—I took a piece which she dropped, and Mr. Mobbs took a piece from her mouth—in taking her to the station-house, she said I should have looked after a terrier dog that had gone down the road, at he carried the swag—she said, "You have worked it very well, but you have not worked it right; the most you can make of it is a misdemeanour"—Doolan said he did not know her—they
both denied any knowledge of each other—I am sure I had seen them in conversation with each other—I had watched them an hour and a half.
Hackett. Q. Where did you pick up the bit? A. From the ground when you dropped it from your right hand, near your feet.
Q. Did not Mr. Mobbs say you were one of my confederates, and he would give you in charge if you did not go about your business? A. Yes—he did not know who I was—I could not satisfy him then that I was as✗ officer.
MR. SCRIVEN. Q. How were you dressed? A. I had a shoemaker's apron on.
COURT. Q. Who directed you to go in that dress? A. I am generally in plain clothes—I had a brown coat and a basket with some old shoes in it—I borrowed it from a tradesman that knew me, in the Kent-road.
MR. SCRIVEN. Q. Did you put on that dress from information you had received? A. Yes.
COURT. Q. Had you any orders to do so? A. Not in that particular dress—it was what I borrowed in going along—I had a jacket and cap of my own on before.
Doolan. I came out to go to work; what money I had I laid out; I pawned my handkerchief to get victuals; the officer has the duplicate of it; I came out of the public-house where I had my dinner, and went and got these cakes; the officer caught hold of me and said, "If you are at this I will break your b----y arms;" he took me in the tap-room, and took my jacket and cap off, and all my things but my shirt; the shilling I got for pawning my handkerchief has not been found on me; nor a shillingsworth of halfpence; I laid out sixpence for my dinner.
Hackett. Q. Was there not a man with a coarse apron on, with a bit of a sixpence in his hand? A. No there was not.
Hackett. Yes, you went to the man to ask him for the bit of the sixpence, and Mr. Mobbs said, "Don't go to him, he is one of her confederates?" Witness. No—Mr. Mobbs said I was one of her confederates—he had heard that a gang of them were coming down the road—that was when I was I trying to get a piece of it from her mouth.
COURT. Q. Could Doolan see through the door at Mr. Mobbs's? A. He could not, but he could see through the window—the trough is twelve or fifteen yards from the door—it is not so in a line that he could see into the house—he looked as if he was watching for something to come out—he could command a view of the whole of the bar—I was directly opposite him on the other side—I could see as well as he—I did not see Hackett in the house—I was paying attention to Doolan.
JURY. Q. When you took Hackett did you see Doolan? A. He had then passed about thirty yards beyond the house, and was leaning against lamp-post, looking at two men paving the foot-path—I took him about a quarter of an hour afterwards.
MR. JOHN FIELD . I am inspector of coin to the Mint. These small pieces appear to be pieces of a counterfeit sixpence—a good sixpence might be bent with great force, but not one person in a hundred could do it.
Hackett's Defence. I sell wash-leather; the day before this I had made my way to Deptford; I sold a piece at a house for 9d.; the lady sent down
a 5s. piece; I could not change it; the servant said would I leave the leather, or take it; I said I would leave it; the servant asked me to buy a few old wines and some shoes; I said I could not take them then, I would call the next day—the day I was taken I was going to the lady's house she owes me the 9d. for the leather now; in going along, I sold one washleather at the Bricklayer's Arms for 6d.; I went on and sold another half a mile off for 6d.; I was going on, making all the haste I could, and met with a gentleman's servant; he gave me 6d. for a piece of leather, and I went into the baker's shop; I had a pennyworth of bread, and put him down the 6d.; he looked at it, and said he did not like it; he gave it to a young baker; he said it was not a good one; then the old baker bent it very nearly in half; I threw him down another; he still kept talking; I told him to make haste, and I would overtake the man I had sold the leather to; I crossed the bridge, and saw the man who had a bad foot; I said he had given me a bad sixpence; I gave it him; he said, "I don't think; it is bad, but here is another;" I then went into a greengrocer's shop for a farthing's worth of onions; I gave a halfpenny, and they gave me a farthing; I went on to a public-house, and called for half-a-pint of beer; I put down 3/4d.; the woman said it was 1d., and she took a drop out for the 1/4d.; I came out, and walked on the road; I was very ill, and sat down on a step of a door; I began to have the tooth-ache; I went to get 1 1/2d. worth of gin; I threw down the sixpence; Mr. Mobbs said it was bad; I said I took it I down the road; I threw him down two other sixpences, and said, "Look, and tell me if they are good;" he said, "Yes, and if you take my advice destroy that sixpence;" I did so; as I came out, I took it between my fingers and teeth; Mr. Mobbs came up, and said, "Give me that sixpence;"I said, "It is no use to you or to me, I am breaking it up;" the man came up with the basket, a round hat, and two boots; he said, "What is the matter?" I said, "A bad sixpence; he said, "Ah poor woman, I am sorry-for you, I shall give you another sixpence for it;" he took me in and left me, and was away three-quarters of an hour; he then came in and said, "Take off your shoes and stockings till I search you;" I did so, and he said, "Loosen your gown;" I did, and a man said to him. "You are not going to search a female before so many men?" he told him to mind his own business; there were a great many people there; he took me into custody, and said I was more highly honoured than Victoria in state, and said there were many people looking at me; I never saw the prisoner Doolan till I was going to the station the same day.
JURY to SAMUEL EDWARD MOBBS. Q. When you followed Hackett out, where had she the money? A. In her hand—she put it into her mouth after I asked her for it.
COURT. to JOHN WHITLAMB. Q. Is it authorized by your principals to assume the dress you did? A. They leave it to our discretion.
Q. What, to assume every disguise? A. I have not heard that there is any control in that respect—it is all done at our own expense—I have permission to assume disguises—I am a plain-clothes man, that is my duty that I do in general—I assumed that second dress on a suspicion that Doolan had a knowledge of me when I passed by them—I always carry my staff.
Q. Whatever you do under such circumstances, you report afterwards what you have done? Yes, my Lord, every item that has occurred at certain hours—when I leave the station I have to report when I start, and I report when I come in.
HACKETT— GUILTY of uttering to Mr. Mobbs. Aged 30.
Confined One Year.
(Hackett was convicted in 1831 for having counterfeit coin in her possesion, and been in custody frequently since.)
DOOLAN— NOT GUILTY .
MESSRS SCRIVEN and CLARKE conducted the Prosecution.
JOHN M'GILL . I am toll-keeper of the Charing-cross suspension-bridge. I was on duty there on the 24th of Oct.—the prisoner came between four and five o'clock to pass over the bridge—the toll is a halfpenny for each person—there was a young female with her—the prisoner gave me half-a-crown to pay for them both—I gave her 2s. 5d. out, the fare of the two being a penny—I believe the money I gave her was good—immediately after she threw me down a shilling, and said, "Give me another for that"—I saw it was a bad one—I took her into the toll-house and detained her a few minutes—I put the shilling she gave me on a slab beside me, and while I was in the act of taking toll of another person who was going over, the prisoner laid hold of the counterfeit shilling and swallowed it—I never gave her a good one in its place, because I was confident I did not give it her—she said, "Now, what can you do, where is the piece?"—she had heard me send for an officer—let her go—I was standing on the bridge, and she walked over.
Cross-examined by MR. PAYNE. Q. A great many people go over this Hungerford-bridge? A. A great many—I did not observe, that when I gave the prisoner the two shillings and 5d. in copper that she held it in her hand and looked at it—she said, "Give me another for this"—she might have said, "What do you call this?" or something to that effect.
Q. Once more, I ask you, did she not look at the money as she held it in her hand, silver and copper together, and say, "What do you call this?" A. I cannot say—she gave me the shilling, and said, "Give me another for this."
COURT. Q. What had she done with the money before? A. She had the money in her hand, and a shawl was over her hand, and when she threw down the shilling and said, "Give me another for this," I detained her, knowing I had not given her a bad one—she had an opportunity of withdrawing from my view the money I had given her before she said, "Give me another for this."
MR. PAYNE. Q. Will you swear she swallowed the shilling at all? A. I saw her put the counterfeit shilling in her mouth—I had it in my hand after she gave it me back—I removed it on one side my desk, and detained her—I saw the instant she threw it down that it was bad—I directly took hold of her—the shilling was lying on the slab at the time, and while I was taking toll she went out, after she had swallowed the shilling—this is my handwriting to this deposition—(read "On the 24th of Oct. I was on duty: the prisoner came up from Hungerford market, and was about to go on the bridge; she put down a half-crown to pay toll for herself and a woman with her; I gave the change, two shillings, and 5d. in copper; she looked at the money as she held it in her hand, silver and copper all together, and said, What do you call this? and threw down a shilling, saying, "Give me another for that; I was sure it was not one of the shillings I gave her, for the two shillings I gave her were good, and I saw directly she threw the shilling down it was a very bad one; I directly took hold of the prisoner, and pulled her inside my box; the shilling was lying on the slab at the toll-place, and while I was taking toll from some one else the prisoner darted out of the place, seized the shilling, put it into her mouth, and said, "Now what can you do? where is the piece? and she went away towards Lambeth.")
Q. Is this correct? A. Yes—I shoved the shilling on one side, and put her in—I took the shilling up after she was inside, and saw it was bad—after she took up the shilling she put it into her mouth, and went out of the box—I have spoken to-day the same as I did before the Magistrate, to the best of my recollection.
MR. CLARKE. Q. Did you attempt to prevent her going out? A. Not after she had got the shilling.
WILLIAM COOK . I am a baker. On the 24th of Oct. I was crossing the suspension-bridge—I paid toll to M'Gill—I saw the prisoner just outside his toll-box—he laid hold of her while I was standing there—I crossed after I had paid, and while I was crossing I saw him put her into the box—after I had gone on, she came after me, running, jumping, and dancing along, and saying, two or three times, she had done them again—I spoke to the constable—there was a female with the prisoner—she was just on one side while the prisoner was in the box—the prisoner threw a lot of money on the bridge, and appeared drunk then, but when she got into Belvidere-road she appeared not so—she went into the Waterman's Arms, came out, and went to Mr. Chapman's, the White Hart.
COURT. Q. Did she pick up the money she threw down? A. Her companion did.
Cross-examined. Q. Are you a friend of Mr. M'Gill? A. No—I have seen him before, as toll-collector—the prisoner and her companion went first to the Waterman's Arms, and after they came out there they stood talking together at the corner of College-street—they appeared to be counting money before they went into the White Hart.
EDWARD CHAPMAN . I keep the White Hart, in College-street, Belvidere-road—on the 24th of Oct. the prisoner came, called for half a quartern of gin, and gave me a good half-crown—I gave her the half quartern of gin, and gave her one shilling, two sixpences, and fourpence in copper—the shilling I gave her was one of George the Third's—I know that because she had paid me a visit about two months before, and I took particular notice of the coin I gave her—I swear it was a George the Third shilling I gave her—she then measured out the gin, gave part of it to her female friend, and spilled a good deal of it—she gave the rest to a person behind—she did not drink any herself—she then said to the person behind her, speaking of an old man that was there, "How much he is like my father, I will treat him to some gin"—she was, I should say, conveniently drunk—she knew what she was doing—I should say she was not drunk—she called for some more gin, and threw down a William the Fourth shilling—I took it up, and it was bad—whilst I was considering what I should do, Mr. Cook came in and spoke to me—I cannot tell whether the prisoner heard him or not—I said I had taken a bad shilling of her, and Cook said, "I will fetch a policeman"—the policeman came in, and I said I believed she had got the money still in her mouth that I gave her—there was some money in her mouth—when I gave her the good silver she put it into her mouth—she opened her mouth and said, "Look here"—the policeman immediately grabbed hold of her neck, and tried to make her eject it, I should imagine, and she appeared as if swallowing the good money—I was present when her mouth was opened, but I did not see anything in it—I gave the William the Fourth shilling to the policeman.
Cross-examined. Q. Who was in the place besides you? A. Nobody—there were four or five persons in front—I took up the William the Fourth shilling and gave it to the policeman—I cannot take on me to say I did not show it to any one.
of what Cook said, I went to the White Hart—the prisoner was charged by Mr. Chapman with uttering a counterfeit shilling—as I got in at the door she was standing before the bar—she had her mouth open, and said, "Look, you b----r," and I saw a shilling in her mouth—I caught her at the back of the neck and tried to prevent her swallowing it, but she did—I received this bad shilling from Mr. Chapman—the prisoner gave up the money she had at the public-house, a half-crown, two sixpences, and four penny pieces—she was searched by a woman at the station, and nothing found on her—she took the sixpences from her pocket, and the four penny pieces, and half crown—I have them—they are all good.
Cross-examined. Q. You and Mr. Chapman looked in her mouth? A. Yes, but I was nearest to her—he was on the opposite side of the bar.
COURT. Q. Could you see whether it was a George the Third or William I the Fourth shilling in her mouth? A. No—I am clear I saw a shilling.
GUILTY .* Aged 28.— Confined Three Months.
MESSRS. SCRIVEN and CLARKE conducted the Prosecution.
JANE MILLER . I am the wife of Job John Miller, he keeps the Union, in Mint-street, Borough. On the 3rd of Nov. the prisoners came there together between six and seven o'clock in the evening—Williams said, "Have a pint of beer," and Baker said, "No, have gin"—I served them with gin—Baker put down a half-crown and took it up again, and gave me a shilling—I took the shilling and rang it on the counter—I left it there while I gave the change—I then took the shilling up to put in the till, and thought it was a bad one—my husband was gone into the parlour with a pot of beer, and I put the shilling under the gin tap, till he returned—I then asked him if it was bad or good—there was no one there who could have got to the gin tap—I afterwards gave it to the policeman—I never intimated to either of the prisoners that I thought it was bad—they staid ten minutes or a quarter of an hour, after I gave them change—the shilling was under the gin tap all the time.
Baker. I threw down a half-crown, and if she knew the shilling to be bad why not ask me for the half-crown; how am I to know what she did with it, she took the shilling and put it in the till. Witness. No I did not—it sounded well and was quite new—I should have put it in the till but when I took it up I thought by the feel it was bad, and put it under the gin tap till my husband came—I am quite sure I did not change it.
HENRY HUNT (police-constable M 82.) I produce the shilling which I received from Jane Miller on Monday evening, the 3rd of Nov., between six and seven o'clock—her husband was not then present, but I had seen him previously.
JOB JOHN MILLER . My wife showed me the shilling—the prisoners were standing at the bar—I let them go, and followed them to detect whether they were real smashers or not—I followed them as far as the Blue Eyed Maid, in the Borough, which is about three hundred yards from my house—I followed them in and saw Williams throw a shilling on the counter—I spoke to the landlord and called a policeman—I gave the prisoners in charge myself for uttering base coin.
Baker. You have got a most shocking house, there is nothing but thieves and bad people there; if any respectable people go into the house they are knocked down and robbed. witness. Nobody can speak ill of the house—there are no thieves and bad people go to it—when you came out of my house you
stopped up a court, settling some matters I suppose, and then you went into a shop and asked for silver for copper.
Williams. Q. Was I not very drunk? A. You was not so drunk but you knew what you was about—you dropped some money and picked it up—I heard some money fall in the court, as if it fell accidentally—you could walk straight.
Williams. I was so tipsy that I dropped all my money, and this woman picked it up; I sell leather; my pocket has three partitions in it; in this middle part I put my shillings for stock, and in the other parts I put my copper; I dropped it all, and begged Baker to pick it up; she picked up 1s. 7d.; I gave the shilling, but I came by it innocently if it was bad.
DIXON TREADWELL . On the 3rd of Nov. the prisoners came to my brother's house, the Blue Eyed Maid—they called for a pint of beer, and then, instead of porter, they would have half a quartern of gin—Williams tendered a shilling—she did not appear drunk—she tossed it on the counter—it fell over into the bar—I picked it up, and while I was so doing, Mr. Miller came in—he said, "You look at that shilling"—I looked at it, and called my brother, and told him it was bad—he called the policeman, and gave the prisoners in charge—Williams did not appear drunk to me.
Baker. She was quite drunk, and I wanted to get her home—I met her accidentally in the Borough; we had some gin, which I paid for, and she would not be satisfied till we had some more.
EDWIN WINDSOR (police-constable, M 112.) I was called to the house on the 3rd of Nov., and Mr. Treadwell gave me this counterfeit shilling—I took the prisoners into custody—they were standing talking—they were perfectly sober—Baker bad two half-crowns and two or three shillings in her hand—I do not know whether it was bad or good—she put it under her shawl—I did not get the money from her, for Williams became obstreperous, and I took her—I gave Baker to another constable.
Williams. Q. What conduct Was I guilty of? A. Trying to fight any one that came in your way—you was for getting out of the house—you pushed me three times.
MARY ANN RANDALL . I am the wife of a policeman—I searched the prisoners—I found on Baker one shilling, and 5d. in coppers, but no half-crown—I told Williams she must undress, and then I found she had something in her mouth—I said, "What have you in your mouth?"—she said, "Money"—I said, "Put it out, that I may see it, I will give it you again"—she said, "No, you take it out; here it is," patting her cheek—I said, "No, you take it out"—she said, "No"—I said I should call for assistance, and heard a great noise, a sort of gulping, as if she was swallowing something, and it was gone—I would not say that it was money, for I did not see it—I think she could not have made such a noise unless she had been swallowing something—she did not appear intoxicated—she was able to undress and dress again very well—she certainly had been drinking, because she smelt of it.
Williams. Q. Did you not say, on the first examination, that you thought you noticed something in my mouth? A. I say so now—you said you had money—I did not see it.
Baker's Defence. I was out on my business; I met Williams; she had something to drink; I paid for it, and then she would have more; when I paid the shilling Mrs. Miller put it in the till; we then went up the court,
and Williams was paying me some halfpence she owed me; she dropped the money in the gutter, and we picked it up.
Williams's Defence. I went out at half-past eight that morning; I sold five pieces of leather to a cabman, and some dirty pieces; I took 5s. and some coppers; I put the shillings in my pocket, and the rest I foolishly spent; if I gave a bad shilling, I took it, and any one might take a bad shilling; if I had not been tipsy, I would have taken more care of my money; if I had thought I had anything that would hurt myself, is it likely I would have said it was money; a stout person would show money in their mouth sooner than a thin one; and could I speak before so many people as I did, and they not notice it? If I have but one glass of liquor I am overcome.
BAKER— GUILTY . Aged 19.
WILLIAMS— GUILTY . Aged 28.
Confined Nine Months
MR. CLARKE conducted the Prosecution.
EMMA PRIDHAM . I am the wife of James Pridham, a baker, who keeps a shop in the New Cut, Lambeth. On the 30th of Oct. the prisoner came for a quartern loaf—it came to 8 1/2d.—he threw me down a bad half-crown—I said it was bad—my husband was in the parlour—he came out, and asked the prisoner where he got it—I gave it to my husband when I saw it was bad—the prisoner said his master had given it him—we allowed him to go away—he came again on the 3rd of Nov. for a quartern loaf—I gave it him—my husband was up stairs—the prisoner gave me half-a-crown—I sent my little girl to my husband—the first half-crown we returned to the prisoner—the second my husband gave to the policeman—my husband told the prisoner it was bad, and told him he had been there before—he denied it twice—I said he had been there before—he said, "No I have not"—I have not been in the shop before—he then said, "O yes I have"—he gave no account of the second half-crown.
Prisoner. I asked fora quartern loaf; she put the half-crown in the till, and took two shillings out; she was finding the other money, she pulled it out of the till again, and asked what I meant by that; I said I had given her a good half-crown, and then her husband came in and gave me into custody. Witness. I never opened the till at all
JAMES PRIDHAM . On the 30th of Oct. I came into my shop, and saw the prisoner—he asked for a quartern loaf—my wife weighed it, and she showed me a half-crown—I returned it to the prisoner when he said he had it of his master—I saw it was bad—I did not weigh it—on the 3rd of Nov. the prisoner came again—my wife showed me a half-crown, which I gave to the policeman—I said to the prisoner, "You were here last week"—he said, "No I was not"—I said, "Don't you recollect offering a bad half-crown, and you said you had it of your master?"—he said, "Yes I was, but how do I know bad money?"—I gave the half-crown to the policeman, and said, "You may do what you like with the prisoner, I shall forgive him."
MARTHA TOLHURST . I am thirteen years old—I attend my father's shop when he is away, at No. 79, Lower Marsh, Lambeth—he is a baker—I was attending the shop in the evening of the 6th of Nov.—the prisoner came in for a pennyworth of bread—he gave me a shilling—I gave it to my father,
who was close by on the step of the parlour door—I had seen the prisoner that morning.
Prisoner. This girl's father was in the parlour reading; 1 gave her the shilling; she put it in the till; she gave me 5d., and was seeing if she could find a sixpence, when she pulled the shilling out of the till, and asked me what I meant by it; the shilling she pulled out was quite black; she took it in the parlour; her father came and asked me what I meant by it; I told him I did not know what he meant; the shilling I gave her was an old one, and she pulled a new shilling out; she gave me 5d. change. Witness. I did not put the shilling in the till; I did not give him any change at all; I did not change the shilling.
JOHN TOLHURST . I received a shilling from my daughter on the 6th of Nov.—the Prisoner was in my shop at the time—he was not out of my sight—I went on the step of the sitting-room, seeing him look into the window—I got there that he should not see me—I was near to my daughter—I saw that after she received the shilling she did not open the till—she handed the shilling to me instantly—I said to the Prisoner, *Young man, you must know this is a bad shilling"—he said, "No; I took it of my master, in the Minories"—I said, "I think I have seen you before"—he said, "No, you have not; I have not been in this part"—my daughter said, "Yes, you was in this shop this morning"—he said, "Yes, just that once"—he went out, and I gave him into custody.
Prisoner. He told me to go out, or he would pull my ears. Witness. No such thing—he went out, and spoke to two young men—I watched him till I saw a policeman, and gave him in charge—he walked away with one of the young men down the New-cut—I spoke to the policeman Across the Blackfriars-road, and he touched him on the shoulder—I kept the shilling in my I hand, and gave it the policeman.
Prisoner. Q.. Where was I when you took me? A. In Union-street, Blackfriars-road.
Prisoner. It is false; I had not a farthing.
GUILTY . Aged 19.— Confined One Year.
NOT GUILTY .
Before Edward Bullock, Esq..
MESSRS. ROBINSON and PLATT conducted the Prosecution.
ELIZA BRIANT . I am the daughter of George Briant—I live in St. Ann's-street, Southwark. I knew Mary Horrobin—she and the Prisoner lived in the same house—on Saturday evening, the 22nd of Nov., I was at home—I sat up after my father and mother were gone to bed—I heard a noise, and the Prisoner called to me to get 3d. worth of brandy—I went, but was not able to get it—the shops were all shut—I went into the Prisoner's room, and saw Mrs. Horrobin in bed—the Prisoner was bathing her back with warm water—she
was dressed, but he had stripped her clothes down as far as her back—I did not take particular notice of her back—I then went into my own room, and I remained about an hour—my mother was called out of bed about one o'clock, and I went with her into the prisoner's room—my mother and I went to fetch Jane, who is Mrs. Horrobin's daughter, and the prisoner's sister—Jane came about three o'clock, and she laid Mrs. Horrobin out—she was then dead—I saw the wound when the doctor came—it was a cut in the middle of her back—after she was laid out, I heard the prisoner say to his sister that she had fallen down in a fit against the spring of the lock of the door, and that was the way she hurt herself—he said that he went to sleep, and she drank the beer, and he flew in a passion with her.
COURT. Q. You say you saw the dead woman when the doctor came? A. Yes—I cannot tell when he came—it was after I had been for Jane, and had come back—these are the clothes she used to wear—she was dead before we went for Jane—when my mother was called up, we found her dead—a doctor had been sent for before—it was then about one o'clock—Jane came about three, and the doctor came after she came.
GEORGE BRIANT . I am the son of Mrs. Briant. I do not live in that house—I live down the Mint—on that Saturday night 1 was going to my father's my mother was with Mrs. Horrobin, who had been to the doctor's, and my mother asked me to go home with her as she was very bad—I did so—I left her on the stairs with her son and my mother—I went to bed, and the prisoner called my sister, and said, "Go and fetch 3d. worth of brandy, for my mother is very bad"—he said she was dying—I afterwards heard him call my mother, and Mrs. Edwards and Mrs. Blanchard—that was about ten minutes after twelve—I saw my mother go into the room—I went in, and the prisoner went in a fit—I went to hold him—that was just after his mother died—I think she died about half-past twelve—I saw her—when the prisoner recovered, he said his poor mother was dead, and he hoped he should soon be with her—he cried very much, and seemed very sorry—I staid in the room about half an hour.
COURT. Q. Then did your mother, and you, and Mrs. Edwards leave him? A. No—my mother and my sister went out for his sister Jane—I went into my own room, and the prisoner went down stairs, and went with Mrs. Edwards for Doctor Babbage, who lives in the Dover-road, about five minutes' walk from the house.
ANN BLANCHARD . I am the wife of John Blanchard. I saw the deceased woman just before the clock struck twelve that night—she was standing in Mrs. Edwards's room—I saw her back at that time—I saw a wound and some blood.
JESSE EDWARDS . I rent this house. I saw Mrs. Horrobin about twelve o'clock that night—she was standing in my passage—she saw me removing some things, and she came into my room, pulled down the body of her gown, and asked me if I would look at her back and see what was running from it—I looked, and saw a wound, and blood flowing from it—(I had seen her about eleven, she then appeared in perfect health, and very jocular)—I called Mrs. Briant down to see this wound, and by my request Mrs. Briant took her to the doctor—I saw her take her out of the door—I did not see her son at that time—he was up stairs—I saw Mrs. Horrobin come back—they were not away above two or three minutes, but long enough to have gone to the doctor—he lives close by—I saw her son when she came back—he carried her up stairs—she appeared to be faint, or to be dying—I should rather say faint—She either sat or fell on the stairs—they put her into her own room, and I afterwards heard a noise like vomiting—about one the prisoner called Eliza
Briant to fetch some brandy—it might then be a few minutes past one—the prisoner called me up, and I said, "John, I don't like to come up, Mrs. Briant is more used to your mother, you had better call her"—I went up after Mrs. Blanchard came and told me she was dying—Mrs. Briant lives in the next room—she was in bed—I called her, and she went into the room—Mrs. Blanchard saw Mrs. Horrobin die, but when I went in she was alive—she appeared to be dying—the prisoner was in bed by her side—they slept together.
COURT. Q. You say at twelve o'clock she was standing in your passage? A. Yes, and at that time she had a wound in her back—she showed it to me; I looked at it, and asked her how she came by it—I did not then go after her son—he was up stairs in the house—at eleven o'clock she was in perfect health, and jocular—she used to have bad breathing at times—I should say she was sixty years old.
Prisoner. Q. How many times has she been brought home? A. I never saw her brought home—she had a shortness of breath at times, but she appeared to have nothing the matter with her then.
HENRY EDWARDS . I live at this house—I was at home that night—I heard some slight noise up stairs—I should suppose it was about twelve o'clock, or a little after—I was in the room I sleep in, which is under the room where Mrs. Horrobin was—the noise I heard was angry words, as if persons were quarrelling—it was the prisoner's voice I heard—it appeared like him speaking in anger—I cannot say that I heard his mother's voice—some considerable time afterwards I went out with him—he said he was going for a doctor, and I said I would go with him—I asked him what was the matter with his mother; and he said she was gone—I did not rightly understand him, and I asked where she was gone to—he said she was dead—that might be upwards of an hour after I first heard the noise.
BENJAMIN PARSONS (police-constable M 107.) About ten minutes past two o'clock on Sunday morning Mr. Edwards and the prisoner came to me—the prisoner said he believed his mother was dead—he said he had been to the doctor, and could not get one—I went with him, and saw the deceased woman—I went and fetched Dr. Babbage from the Old Kent-road—I saw a wound under the left shoulder in the back of the deceased at the time the doctor was examining her—the prisoner said his mother had fallen against the latch of the door, and that had occasioned the wound—he pointed out the latch—it was a square latch, like the point of a knife—I looked to see if I could find any instrument, and I could not.
JANE HORROBIN . I am the prisoner's sister—the deceased was my mother—she was sixty-seven or sixty-eight years old—I did not consider her in good health, her breath was very short, but I did not expect her death to be to sudden—she complained of having a catching, and a sort of choking up in her throat—I was sent for on that Sunday morning, from half-past one to two o'clock—when I came I found my mother was in bed, and she was dead—the prisoner was in the room—when I came to wash and lay my mother out I saw the wound—as near as I can guess it was about half an inch long—it seemed as if it was a cut, and the whole of the wound appeared to me very much swollen up in a heap—the prisoner said they had had words at supper, and he flew in a passion, I think he said because she drank his beer, I think it was a quart as near as I can recollect, and that she fell against the latch of the door.
WILLIAM BABBAGE . I am a surgeon, and live in the Old Kent-road. I saw the deceased on the Sunday morning—the prisoner was there at the time—I examined the body, and the prisoner directed my attention to the wound—he
went to a chair and sat down on it—when the room-door was opened it opened very near that chair, and he said that in rising up from the chair she cut her back against the latch of the door—he said he had had a few words with his mother about some beer—the wound was on the left side of the spine, on the back, between the sixth and seventh ribs, very near the spinal column—it appeared to be a clean cut wound—there was not any contusion about it—when I saw it, which was about two o'clock, or a little after, it was then quite clear from blood, and I am sure there was no swelling about it—I think it was not such a wound as could be inflicted by the latch of the door—it looked probable when the son sat down in that way, but I should say it could not be possible—it is probable a scratch might be inflicted, but with regard to that wound it was not possible—I examined the body afterwards—I noticed considerable adhesion all over the left lung to the ribs on the left side, and in the pericardium there was rather more than would be healthy—the right lung was healthy and the stomach was healthy—on making an incision to open the head, I perceived a portion of the scalp was gone, so much so that the cranium was exposed, and there was a scab from some disease or from some injury probably—I took off the top of the skull, and perceived it had penetrated through it—it did not appear to be recent—it had penetrated the membrane beneath the scalp, and there was considerable effusion under it—I removed that, and it had injured the brain—in cutting into the little brain, or the base of the brain, I noticed some coagulated blood, about the size of a nutmeg—that was not of long standing—it arose from the rupture of a vessel—it could not have existed long—this was on the Tuesday, and I judged it had taken place on the Saturday night or Sunday morning previous—to a woman, at her time of life, that rupture would be sufficient to cause death.
Q. Was the cut of itself sufficient to cause death? A. Judging from the quantity of blood which had escaped on the shift and sacking of the bed, and taking into consideration the state of her health from disease and intemperate habits, I think sufficient blood might have escaped from the wound to cause death in a woman of her age—in my judgment the immediate cause of death was the rupture of the blood-vessel on the brain—in fact apoplexy—as to how that took place I cannot form any opinion—it might have been from excitement—it might have been from a fall, or from many causes—I did not judge the cut itself the immediate cause of death—it was about three quarters of an inch long—it had not gone to the cavity of the chest—I should think it had been inflicted by some sharp instrument, such as a knife—I do not think it possible to have been done by the latch—I examined some clothes—here is a shawl which has a cut on it, as I believe it to be—the clothes had all been washed—here is a sort of handkerchief, this has a cut in it—this shift has the part torn away just opposite where the cut was.
COURT. Q. You attribute the death to the rupture in the head? A. Yes—the other might have caused the death, but I will not swear it did.
JOSHUA ALLINOHAM . I am beadle of St. George's Southwark. I produce these clothes—I found these two knives in a cupboard in the room—they were as they are now, and appear rusty from wet—I came to the house after I heard of the death—the prisoner was there—I asked if he could account in any way for the suddenness of the death of his mother—he said she had been ailing, she was aged, and troubled with asthma—he was sitting on the side of the bed with his head on his hand, and seemed very sorry—he afterwards stated that his mother had a fall, and fell against the latch of the door, and hurt her back—he said he was asleep himself, and was awoke by a noise supposed to be the rattles in the throat—I asked if there had been any quarrel—he said no.
Prisoner's Defence. It is mentioned by one witness that she had a wound on the head; after she might have falled down and that might have caused the wound; it was mentioned there were knives; I had three days to dispose of them, and had I been guilty, would I not have put them away? I am innocent; I own I had been drinking and so had she; she was of very intoxicated habits for between six and seven years; I was her principal support, and my wages were but very small.
NOT GUILTY .
ADJOURNED TILL MONDAY, 15TH OF DECEMBER.