CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 5TH, 1846.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
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, 5th January, 1846, and following Days.
Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir William Wightman, Knt., one of the justices of Her Majesty's Court of Queen's Bench; Sir William Erle, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Matthias Prime Lucas, Esq.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; and Sir Chapman Marshall, Knt.; Aldermen of the said City: the Right Hon. Charles Ewan Law, Recorder of the said City; Thomas Wood, Esq.; Thomas Farncomb, Esq.; William Hughes Hughes, Esq.; and Francis Graham Moon, Esq.; Aldermen of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT
JOHNSON, MAYOR. THIRD 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, January 5th, 1846.
First Jury, before Mr. Recorder.
362. JOHN KLOBA was indicted for stealing, on the 25th of June, 3 watches, value 100l.; 1 seal, 5l.; 1 watch-chain, 5l.; 1 watch-key, 1l.; and 1 watch-stock, 1l.; the goods of Charles Edward Viner; to which he pleaded
GUILTY. Aged 65.— Transported for Seven Years.
(Inspector Shackell stated that there were several other cases against the prisoner.)
MR. BALLANTINE conducted the Prosecution.
THOMAS DOGGETT . I am an auctioneer and appraiser, and live at No. 5, High-street, Marylebone. In Oct. last I was engaged by a gentleman named White to distrain for rent at the house of Mr. French, No. 8, Robert-street, Chelsea—up to the 8th of Nov. I had not succeeded in effecting the distress—on that day the prisoner called upon me—he told me if I would give him a warrant, something to hold, to show, he could probably get in—he had prior to that, called upon my employer, and he would not employ him—I gave him a copy of the warrant—I objected to give it him at first—he again asked me if I would give him one—I said, "On condition you do not move or do anything, but leave the man in possession, till you let me know"—if he had had to remove the goods he would have had my inventory—I did not give it him—I had not taken one at that time—I had not then seen the goods—if he
had been empowered to distrain or move he would have had my inventory, but I never empower my men to do so—I saw him again on the 10th—he drove over to me in a chaise, with a person who acts as potman to Stephenson, and who was chiefly with him—the prisoner then told me that he had got possession, and that he had moved everything out—I said, "Oh dear! I am sorry for that, I wish you had not done so, why did you do so?"—he said it would not have been safe to have left them there, the woman (meaning Mrs. French) was such a devil she would have broken them to pieces—he said he had done everything correct—I said, "I am sorry you removed them"—he told me they were at his, or at a warehouse—he drove me to the Bee Hive beer-shop, kept by Stephenson—I did not go in then—I did about an hour after, after having been to Mrs. French to come to some arrangement—when he took me to Stephenson's he said, "The goods are impounded in this room"—it is a room a little below the stable-yard, one step—he had not showed them to me before I went to Mrs. French's—French's is a quarter of a mile from the beer-shop—I saw Mrs. French, and an agreement was come to between me and Mrs. French—it was in the prisoner's presence, and was made in his own handwriting—I had not received any key previous to making this arrangement—Stephenson did not at any time give me any key—I received the keys of Mrs. French's house after the arrangement—I did not receive the key of the place where the furniture was—I could not get it—Stephenson was not present when the arrangement was written—he was afterwards—I produce the arrangement—prior to that, the arrangement was all settled, and an order made out and signed by me for Mrs. French to have the things given up to her, except a part—the arrangement was witnessed by me, by a man who was present, and by Mrs. King—Spicer wrote the top of it, and my man wrote the bottom, and it was all read over in the presence of four persons at Mrs. French's house (read—"Eight chairs, mahogany japanned chest of drawers, a wash-hand table, a feather-bed, two French bedsteads, and a night convenience, to be retained by Mr. Doggett, Nov. 10, 1845")—they were to be retained for the sum of 10l., and the trifling expenses incurred that day—this arrangement referred to the things then at Stephenson's—I had seen the things at Stephenson's before this was written, whilst waiting for Mr. King, a friend of Mr. French's—I went with Spicer and his man to show me the goods—I then returned with Spicer to Mrs. French's, and made this arrangement—Stephenson was present when I saw the goods—I waited for him to come with the key—Spicer could not open the door, nor his man, or Mrs. Stephenson, and after waiting a few minutes Stephenson came and opened it, and I saw the goods in their presence—I saw Stephenson after the arrangement was come to—I showed him the arrangement in the presence of Mr. King, Spicer, and his man, and told him the arrangement that was come to—he said, "I am very glad to hear it; that is all right"—they were to send the goods up to me in a cart—I asked Stephenson and Spicer who would send them to me—Spicer said he would send them up next morning—Stephenson said, "Ah, that you can soon do in the morning"—Mrs. French was to have the other goods—I had given an order, which Stephenson took—the goods were to be delivered up to Mr. French—both understood that—they said in the presence of Mr. King and myself, that when Mrs. French brought the order signed by me in Spicer's presence, she was to remove the remaining part of the goods, except the eight articles which were to be sent to me next day—that was quite understood at the time—nothing was said at that time by Stephenson of his having any claim on Spicer, nor was anything said about it by Spicer himself—the goods were not sent back to me the following morning—I sent a man after them in the afternoon, and on the following day,
and on the 13th I went myself—I saw Stephenson, and told him I had been looking for Spicer—he said he did not know anything of him—I said, "Why did not you send those goods up, as was arranged?"—he said, "Me send them up! what have I to do with sending them up? he has borrowed money of me, and I shall not let them go without 5l."—I then went to look after Spicer—I did not succeed in finding him—on the 15th, about half-past nine o'clock in the morning, I went to Stephenson's—I saw Stephenson inside the bar—I said, "I have come down again about these things, to know the reason why you have not sent them"—he said, "The things were all condemned and sold yesterday, and I have bought them," and he said if I did not get out of his house he would come and kick me out—I then saw Spicer coming in at the door—I said I should apply to a Magistrate, and said, "Why did not you deliver up the remaining part of the things to Mrs. French that I gave the order for?"—Spicer said they were all right, and I was in his debt—I said, "Well, you say I am in your debt, give me a bill"—he sat down in the tap-room and wrote this bill—after writing it he went and showed it to Stephenson, who was dressing in the place where the furniture was impounded—I did not owe him anything, and I said so—Stephenson said I should have the goods for 5l. 12s. 6d.—this is the bill Spicer delivered to me—it amounts to 5l. 12s. 8d.,—I did not consider I owed him anything more than for the men in possession, 3s. 6d. each, and the moving—neither Stephenson nor Spicer said anything about this demand until that occasion—Stephenson had asked 5l. on the 13th, and then it was increased to 5l. 12s. 8d.—I have never been able to find the goods—I have never seen them since, nor has Mrs. French ever got the remaining part of hers—I have a list which was forwarded to me by Mrs. French.
Cross-examined by MR. PARRY. Q. How long have you been an auctioneer and appraiser? A. About sixteen years, in the same neighbourhood—Mr. French had held over this house it might be six or eight months, I cannot exactly say—I have latterly made frequent applications, to get into the house; one day in particular I found the house closed against all applicants, and I kept a man waiting—I could not get admittance, because I did not attend to it every day—I went frequently, and never got in—I knocked and rang—I was answered, but the door was not opened—I did not try to get in at the back at all—I contented myself with knocking and being refused admittance—I was anxious to get the thing arranged—the parties left on the 10th—they agreed to give up then—Spicer had been to the house when I had called for rent prior to that—I had had the warrant for a length of time, and had never been able to get in—he came to me on the 10th, I employed him on the 10th, and he got in on the 10th—I do not recollect his saying, "This will be rather a tough job, Mr. Doggett; you must pay me for it"—I will swear no such words passed—he was to be paid for his trouble—I do not know that he employed two or three men to get in, or how he got in—I have kept men watching the premises in the day-time—the 10l. I spoke of was to be paid instead of 21l. rent—we forgave the remainder—it was on their giving up possession and paying 10l. for which certain goods were to be security that the matter was arranged—I gave up my claim prior to any arrangement taking place—I did not say to Spicer, when he told me he had got in and removed the goods, "I am so pleased with you for this that I will pay you handsomely, and you shall have another job of mine at Old Brompton"—nothing of the kind—I was not pleased with him on account of his moving the property away—he came to me on the 10th, the same day he took possession—I had instructed him on the 8th—he told me the reason he took the goods away was because of the violent behaviour of Mrs. French—I went with Spicer to Stephenson's,
and, after waiting there some time, saw the goods in a bed-room of Stephenson's man, after returning from No. 8, Robert-street—we had nothing on the road—I had to wait half an hour at Stephenson's, and I had some cigars, a pot of 6d. ale, and a little bit of steak, which came to 2s. 4d. altogether—I did not pay—I said I would pay—I have not paid for it—I have not paid Spicer a farthing for what he did on this occasion, not when I was charged 5l., and told he would not give up the goods till I had paid him—Stephenson did not say to me that Spicer would not give up the goods till I had paid him—I will swear he said nothing of the kind—I do not know whether this was rather a difficult job—if it was anything extra, and I chose to make him a compliment for his trouble, that would be a different thing—I do not tell my men I am going to give them two, three, or five guineas, when my employer would not allow me 1s.—I had no understanding with Spicer—I did not tell him to take such measures as he thought fit to get into the house—I gave him the warrant to hold, to show, as he wanted something—I told him to levy, if he could, in a legal way—I know there are such things as having to get into the houses of refractory tenants by stratagem—I have heard of such—it is sometimes a difficult and hazardous thing—I had not any spirits and water with Stephenson and Spicer, nor did I go away intoxicated—I had only 6d. worth of brandy and water—the 6d. pot of ale was between four of us—I had the brandy and water nearly three hours after everything was settled and arranged.
MR. BALLANTINE. Q. What would be your charge to Mr. White, your employer, for having effected the entrance? A. 3s. 6d. for the day of the levy, 3s. 6d. the man. in possession, and a guinea the levy—that would be the extremity of my charge—I should charge 3s. 6d. a day for the man as many days as he was in, and out of that I should have to pay Spicer—I never knew such a charge as 5l. 12s. 8d. in my life—here is a charge of 2s. 8d. for the inventory, and 2s. 6d. for the appraising, and the appraising could not have taken place until the expiration of five clear days—it would not have been legal till the Saturday—Spicer and Stephenson partook of the ale and steak—no demand was made on me for the 2s. 4d.—I asked Stephenson what was to pay—he said 2s. 4d., and I said, "One of us will pay it bye and bye"—there were four of us—I expected to come back to the place again—I sacrificed 11l., of the rent—I did so without Mr. White's authority, on account of arranging the affair—he had left the matter entirely with me—I had authority to distrain and come to an arrangement—Mr. White has frequently forgiven tenants part of the rent, to get them out—I knew that by getting the tenant out I was doing the best I could for Mr. White—the most effectual way was to get a quiet and peaceable arrangement—they would have gone out prior to that, if we had forgiven them the whole of the rent—I had not given any authority for the furniture to be taken out—in my opinion it was better for Mr. White for the furniture to remain on the premises, for me to see the value of it.
ELIZABETH FRENCH . My husband occupied the house, No. 8, Robert-street—I believe 21l. rent was owing to the landlord—Spicer seized on the 10th, and removed the goods—I was not violent towards him, nor did I use any ill language towards him—I did not threaten to break the furniture or do any injury to it—he gave me a letter to Mr. Doggett, but I did not go with it, for I heard them talking to each other about sending for a van to take the things away—I cannot exactly say how many men were in the house at that time, but I should think four or five—there might be more—a van was sent for, and all the goods were removed—I afterwards made an arrangement with Mr. Doggett on the 10th—I was to have all the articles returned except eight—I have got part of my goods back, but not near all that were arranged
to be returned—there is a mattrass, a tea-caddy, work-box, and various other articles, very numerous, which have never been returned to me at all—I went the same evening to Mr. Stephenson's with a van, and had part of them back—I did not bring the rest away then, because it was very late, we were very much fatigued, and I had a young family—it was not from any refusal by Stephenson that night—I applied for the others next day, but did not get them—there was a tea-caddy, a hearth-rug, work-box, palliass, blanket, an oilskin table-cover, two mats, the Sunday clothes of the children, a broom, some brushes, and a great number of other articles—I have never got any portion of them back—I applied next day, and took away a great many that I could not take overnight, but those I have named are still missing—I have applied for them, and they said I was to apply to Mr. Doggett—I did so, and Mr. Doggett and I went there, and they were very rude and abusive to us both—I never got my things—I did not see them there then.
Cross-examined. Q. How long had you held possession against your landlord? A. I do not know that we held it at all against the landlord—they wanted to come in, I believe—I had refused admission to Mr. Doggett—he and his man called frequently, and I have refused admission to them—we wanted to come to an arrangement—we kept the premises pretty well locked. at that time—the front door was generally locked—the back part of the premises was not fastened—Spicer came in down the area—I believe there were two men with him at that time—the servant girl went down to get some coals, and by opening the area door they rushed in upon her—I was not violent or abusive in any way—I was excited—I did not throw anything at them, or break any furniture, or use any improper language—I am not a person of violent temper—I went to fetch back my things that night with a van, and next morning with a truck—I brought things away each time—I did not go again with a cart or van—I made no subsequent demand with the means of carrying things away—I gave a list of the things I wanted to Stephenson on the 10th—I do not know whether it contained the articles I have mentioned—we did not wish any one in the house.
MR. BALLANTINE. Q. Did Spicer leave you any inventory? A. He did—I did not mention the articles when Doggett and I went together—I do not know that I asked for anything—Doggett did—he mentioned some part of the articles, and they were excessively rude—they said in very coarse language that they would kick us out—there were three or four men besides the prisoner to make the seizure—I was alone, except my seven little children.
MR. PARRY. Q. Did not Doggett, some time before, offer to give up possession to you of all the things if you would go out of the house? A. Yes, and we refused—I told him I did not understand the thing sufficiently—I wished him to go into the City to make arrangements—we have been forgiven 11l. of our rent now.
COURT. Q. Can you form any judgment of the value of the things not yet delivered up to you? A. I cannot momentarily—I cannot put a value on the eight articles which Doggett was to have.
ANDREW DENISON . I was in Doggett's employment on the 10th of Nov. last—on the 11th or 12th of Nov. I went to Spicer's—I saw him, and told him I had come from Mr. Doggett for the goods that he had agreed to give up to Mr. Doggett—he told me to tell Mr. Doggett to come himself at ten o'clock next morning—he said nothing at that or any other time about a claim for 5l. 12s. 8l., or any other sum.
Cross-examined. Q. Did Doggett send anything by you to pay Spicer for his services? A. He would have been paid—he did not ask a penny—I did not know that Spicer had made a charge—Doggett did not send any money by
me to pay him for his trouble—I did not see the knocker of Mr. French's house muffled, nor the bells cut.
CHARLES KINO . I am a friend of Mr. French's family. I was called on on the 10th of Nov. by Mr. French, about two o'clock in the afternoon—I was present that afternoon, and heard the arrangement for the restitution of the goods—Spicer was present—I heard Spicer afterwards mention, in Stephenson's presence, that the affair had been settled; and he remarked, "Well, I think it has been settled very well," or words to that effect—the eight articles, a memorandum of which I have in my pocket, were to be sent to Mr. Doggett the next morning, and the whole of the rest were to be delivered to Mrs. French that same evening—Stephenson observed he was pleased to hear that an arrangement had taken place—neither Spicernor Stephenson said a word about 5l. or 5l. 12s. 8d.—I should say the expence of removing the goods the short distance from Robert-street to Stephenson's would be three half-crowns—I could have found men who would have been very happy indeed to have done it for that money—if I were to buy the eight articles at a cheap furniture shop, I should have to give 12l. or 15l. for them.
Cross-examined. Q. I believe you had advised Mrs. French to give up the house before? A. I had Mr. French—he is employed in different solicitors' offices—I am not aware of the knocker being muffled, and the bells pulled down.
THOMAS WILLIAM GARNER FRENCH . I was the tenant of this house. I know the articles which were to be retained as security for the 10l. only from what I have heard from my wife—I am acquainted with the articles—I have not seen the articles at Mr. Stephenson's.
Prisoner. We agreed to give them up in the first instance, if he would pay us; we asked him what he would give, and he would not give anything; I was a whole week about this house before I could get into it; it is not Mr. White that complains, he is satisfied.
GUILTY.—Recommended to mercy on account of Doggett not having made any offer of remuneration for his services.— Judgment Respited
OLD COURT.—Tuesday, January the 6th, 1846.
Second Jury, before Mr. Recorder.
364. JAMES PARKER was indicted for stealing, on the 23rd of Dec., at St. Paul, Shadwell, 4 half-crowns; 25 shillings; 8 sixpences; 60 pence; and 24 half-pence; the monies of Nicholas Walker, in his dwelling-house; and afterwards, about one in the night, burglariously breaking out of the said dwelling-house.
ROBERT WATKINSON . I am barman to Nicholas Walker, who keeps the Golden Eagle public-house, in High-street, Shadwell, in the parish of St. Paul. On the night of the 23rd of Dec. I went to bed a few minutes after eleven o'clock—I saw the prisoner sitting in the tap-room, and left him there when I went to bed—it is the duty of Richards, our waiter, to close that room—I was called up by the police between one and two—I found the corner door of the house, leading into the street, open—the bar door was fast—I unlocked it, went in, and found two sixpences lying on the floor—(I had the keys up stairs with me)—I counted the remaining money—there were only four sixpences and a 4d. piece left in the till, and 2s. in copper—I had not been to the bar before I went to bed.
JOHN RICHARDS . I am waiter at the Golden Eagle. I closed the house about ten minutes after twelve o'clock—I saw 2l. worth of silver put on the side-board shelf, and 6s. in halfpence put into the till, the last thing—I fasteneo
the outer doors, and the corner door which Watkinson speaks of—I had been in bed about an hour, when I heard the bell ring—I followed Watkinson down stairs, found the front door unbolted, and the policeman in the house—the door was shut, but not bolted—the silver was gone from the shelf, all but two sixpences, and there were the marks of soot on the shelf—I looked up the tap-room chimney, and saw soot on the hob and on the floor—there was an appearance of somebody having been up the chimney, and a mark on the seat in the room where he had sat down—the tap-room fire had been put out about half-past ten, and when I went to bed I supposed everybody had left the house.
WILLIAM REED . I am a mason, and live in High-street, Shadwell. On the morning of the 24th of Dec., between one and two o'clock, I saw the prisoner walk deliberately out of the angle door of the prosecutor's house, and walk down the street—there is a lamp where I stood and it was a very starlight morning; I could see him plainly—he turned to the left—I stood at the door, rang the bell, and sent for the police—I went into the house with the policeman—the prisoner had a black smutty face at the time I saw him—I am certain he is the man—he answers his description and everything but his face, which was smutty with soot—he had blue clothes on, and a slouched hat or cap.
JURY. Q. Do you mean you do not recognise him, or are you sure of him? A. I am certain he is the person, he is the man.
SAMUEL HALE (police-constable K 373.) In consequence of information from Richards, I went in search of the prisoner, and found him at Carshalton, in Surrey, on the 24th of Dec., the day I went to the public-house—I told him I apprehended him for breaking out of the dwelling-house of Mr. Walker, and stealing 2l. in silver and 6s. in copper—he said, "No, I did not take 2l., for I dropped the sixpences in the bar"—he said, "There is no use in denying it; I stowed myself away in the chimney till they were all gone to sleep"—he afterwards said, "I should not have done it had I not been advised by two Irishmen"—Richards, who was with me, said, "I wonder you were not alarmed when I put some coals on the hob; I wonder you did not upset them when you went up the chimney"—he said, "I took care not to tread on them, for fear of making a noise"—he said he was in distress, and thought he would buy some clothing, to get a ship and go to sea—I found a ship's register ticket on him.
GUILTY . Aged 23.— Confined Six Months.
365. CHARLES BOWEN and GEORGE LAKE were indicted for stealing, on the 28th of Nov., at St. Martin-in-the-fields, 1 50l. Bank note, 5 10l., and 10 5l. notes; the property of William Price Lewis, clerk, in the dwelling-house of James Barrack; and JOHN DANCOCK and GEORGE BATES for feloniously receiving the same, well knowing them to be stolen.
MESSRS. BODKIN and BALLANTINE conducted the Prosecution.
EDWARD MCKEONE . I am a clerk to Messrs. Glyn and Co., bankers. The Rev. William Price Lewis banks at our house—on the 28th of Nov. I cashed the check for 150l. now produced for him—I made a memorandum of the notes I gave him, which were—(reads)—16125, dated the 6th of Oct., 1845, for 50l.; five notes of 10l., Nos. 16459 to 16463, dated the 10th of Oct., 1845; and ten 5l., Nos. 02313 to 02322, dated the 13th of Oct., 1845—the Bank does not issue two notes of the same number and date.
Cross-examined by MR. PAYNE. Q. Does your book enable you to tell it was for this particular check you paid those notes? A. It does—I did not see the prosecutor myself.
HENRY WELLINGTON . I am clerk to Messrs. Glyn and Co. On the 28th of Nov. I received some Bank notes from M'Keone, and handed them over to Mr. Lewis—I saw him put them into his pocket—he drew the check himself in the banking-house.
Cross-examined by MR. WILDE. Q. From whom did you receive the notes A. From M'Kcone—I handed the same notes to Mr. Lewis.
Cross-examined by MR. PAYNE. Q. Whose writing is this memorandum on the back? A. One of the clerks who gave me the check—he is not here—I received the check from Mr. Lewis—I came in just as he had written it, and the clerk was writing the memorandum to show how the money was wanted.
REV. WILLIAM PRICE LEWIS . I am a clergyman living in Wales, at New-house, near Cardiff. On the 28th of Nov. I was in town, staying at the Trafalgar Hotel, Charing-cross—Messrs. Glyn's are my bankers—I received the cash for this check on the 28th of Nov. in one 50l., five 10l., and ten 5l. Bank notes—I put the notes I received into my pocket at the banker's, and when I got to the hotel I put them out of my pocket-book into my portmanteau, which was in my bed-room—that was, as near as I can judge, about four o'clock in the afternoon, or a little before—I locked the portmanteau and then went out to take a walk, and was out till nearly six o'clock—at near ten o'clock, when I went to bed, I opened my portmanteau, to see if the notes were safe—I had some difficulty in opening the lock, but I did open it, and found the notes gone—I had been out from four to six o'clock, and was in my sitting-room at the hotel from that time till I went to bed—part of my family were with me, and we had a sitting-room to ourselves—I made no alarm that night—the female servant came into the room early in the morning to light the fire—I told her I had lost 150l. in notes, and that they would be of no use to anybody, as I had the numbers—I saw the head waiter soon after—I went to Glyn's, I got there before the banking-house was open in the morning, and gave them information—I remember Lake at the hotel—he waited upon me—I did not observe Bowen there.
Bowen. Q. At what time did you get to the banker's that morning? A. I must have been there before nine o'clock—it was before anybody was there—I mentioned my loss to everybody I saw in the house, particularly to the chamber-maid—I do not remember mentioning it at the bar as I went out.
EDWIN AUGUSTUS BUSHELL . I am clerk in the accountant's-office of the Bank of England. It is not the custom to issue two notes of the same number and date—I produce a 10l. note, No. 16460, paid into the Bank on the 9th of Dec.; 16461 on the 16th of Dec.; 16462 on the 10th of Dec.; 16463 on the 4th of Dec.; a 5l. note, No. 2313, on the 2nd of Dec.; 2314 on the 5th of Dec.; No. 2315 on the 5th of Dec.; 2316 on the 15th of Dec; 2317 on the 27th of Dec.; 2318 on the 6th of Dec.; 2319 on the 3rd of Dec.; 2320 on the 6th of Dec.; 2321 on the 15th of Dec.; and 2322 on the 22nd of Dec.—these notes had been stopped at the Bank—the 50l. note has not been paid in, all the tens and fives have—a 10l. note, No. 16459 was paid in on the 31st of Dec.—all except two were paid in by bankers, and the other parties were detained till it was found they had given their right address.
Cross-examined by MR. PAYNE. Q. What are you speaking from? A. An extract from the books in my own handwriting—I did not receive the notes—I bring them from the library.
ROBERT TALBOT . I am head waiter at the Trafalgar hotel, and have been so about eighteen months. It is kept by James Barrack, and is in the parish of St. Martin-in-the-fields—the prisoners Bowen and Lake were waiters under me—Lake had been so about nine months, and Bowen about nine weeks—Mr. Lewis was at the hotel in Nov., and Lake principally waited upon him—Bowen may have assisted occasionally—they both had access to all the rooms in the hotel—on the morning of the 29th of Nov. I heard of the
robbery of the notes—both the prisoners were in attendance at the hotel the afternoon before that—I saw Bowen there at eight o'clock, and did not see him again till the next morning—he would leave off work, according to the rules, at eleven o'clock, and should have slept in the hotel—on the 26th of Nov. Bowen had wished me to employ a person named Dancock as an extra waiter—I knew Dancock's father, but not the son—Bowen recommended the son to me—I knew his father as waiter at the Adelaide hotel—I have known him many years—he is a man of respectable character—I objected to employ the son, and did not, having heard he was a wild gay character—I did not usually sleep in the hotel myself, but I did on the night of the 28th, as my mother, who had come from the country, slept with my wife—I heard of the loss of the notes between eight and nine o'clock in the morning—about half-past eight—I saw Lake first, and Bowen directly after—Lake mentioned the robbery to me as I walked into the house, in the hall—I walked into the coffee-room and saw Bowen, who said, "Did you hear of Mr. Lewis having lost 150l.?"—of course I was astonished at the news—I said, "Why Charles, you have been out last night by the look of you"—he said, "No, I have not, but I am very unwell"—my master was informed of what occurred, and the police were called in—I was in communication from time to time with the inspector—on Sunday, the 14th of Dec., Ottway, the inspector, made a communication to me about the notes—that brought to my recollection the application which had been made to me to employ Dancock—Bowen was taken into custody in the course of that morning—I was not present when he was taken—after he was taken from the house I went on attending to the business of the hotel—it was not a busy day, but rather dull—Lake was still there—it was his business to assist me—Lake came to me and reported that Bowen had been taken into custody, and expressed himself in that sorrowful way that I took notice of it, and made the remark, "Well, I am innocent, I hope you are, George?"—he answered, "Yes, I am"—I said in a sharp manner," And I do hope if he is guilty he will be transported"—I then found Lake quite incapable of doing his business—he was the hotel waiter, that is, the private sitting-room waiter—we had a little dinner up stairs—I found he did not know how to get the tray ready—he was in such a confused state he did not know what he was about—at last finding him perfectly insane, not capable of doing his business, I said, "The fact is, George, you are concerned in the robbery yourself," to which he said, yes, he was—he then said, "I was driven into it by Charles or Charley," (meaning Bowen)—he told me Bowen had formed a plan to rob the Rev. Mr. Lewis, that he had obtained a key to fit Mr. Lewis's portmanteau, that having done so he brought the key to Lake and said to him, and "I have tried this little gentleman, (holding the key in his hands,) I find it just fits the portmanteau"—that from that time to the time of the robbery Bowen was in Mr. Lewis's room every day during Mr. Lewis's absence—that on the 28th of Nov., Bowen went into Mr. Lewis's room, between four and five o'clock, he first saw Lake, and said to him, (after having been in Mr. Lewis's room, and opened the portmanteau, and seen the notes,) "Wait till Talbot goes down to tea, and then you go in and get the notes, they are in such, a part of the portmanteau, and they are perfectly safe"—that as soon as they saw me go down to tea, both went up stairs together, Bowen gave Lake instructions to go into the room and stop up the key-hole, and should there be any noise to go out at the window and along the balcony into another room, that Lake, after taking the notes out of the portmanteau, according to Bowen's instructions, was half inclined to go out at the balcony, but thought the neighbours might see him, and he retreated from the balcony, opened the room-door, and came out the same way he went in—that Bowen was at the
room-door and took the notes from him at the instant—(the bed-room is on the floor where there are sitting-rooms)—he said that after Bowen had the notes they had not an opportunity of meeting again for ten minutes or a quarter of an hour, business calling them in different ways, and in ten minutes or a quarter of an hour they met in a room, and Bowen said to him, "Why, you have got 70l.; there is 35l. for each of us"—Lake felt frightened and astonished at the sum of money they had stolen, and he said, "We shall get into trouble, let me take the money to Talbot and say I found it on the mat of the door," to which Bowen strongly objected, and said, "No, you may as well take it to Mr. Barrack, you should never let these head waiters know too much: have you got any silver in your pocket to pay for a cab to Londonbridge; I have a friend there who will take care of it, and turn it into hard cash"—that Lake took 4s. from his waistcoat pocket and gave it to Bowen—they made up their minds to get their work done as quick as possible, for Bowen to get out in a clandestine sort of manner, to get out if he could without my knowledge—that Bowen went off with the notes about eight o'clock, and did not return again till next morning, the 29th Nov., that Bowen told him he had given the money to Charles Wood, an under-waiter at the Adelaide hotel, London-bridge—that Bowen said to him, "I shall write to Charles Wood and tell him to hand the money over to Bob Snow, who will be able to get hard cash for it," and that on the 7th Dec., Sunday, Lake asked leave to go out, which he obtained to go to Tunbridge Wells to see his friends, that he went over to the hotel, and saw Charles Wood, who told him Snow had run away, with the whole of the money—that he, Lake, said, "I plainly see you have led me into it, and are now going to divide the money without giving me my share, and unless I get some I shall tell all I know of the matter, I am much troubled in my mind about it"—I took particular care to inquire who Wood was, and Jem, the porter at the Adelaide, who he had named—he said while he was there Charles Wood said to him, when he said he would tell all he knew, that he should not do that for nobody knew anything about it but Jem, the porter, and it was quite safe.
Cross-examined by MR. WILDE. Q. Did Lake come to you from the London hotel? A. No—I knew nothing of his character.
Bowen, Q. Did you have an extra waiter on the Thursday? A. No—on Wednesday, the 26th of Nov., I said I should require an extra man in the afternoon, and you recommended Dancock—I objected, having heard he was a wild young man—you said you were quite satisfied he was not so, he had worked with you, and a better waiter you never saw—I said, "Well, if you say so, write to him"—that was on the 26th of Nov., to the best of my recollection—it might be the 27th—I waited till three o'clock, and then engaged a waiter named Hadden, as your friend did not come—Hadden was there on the 28th, the day the notes were lost—I slept that night at the hotel, but went over in the morning to see my wife, and wish my mother good-bye, shortly after seven o'clock—I returned at half past eight o'clock, and met Lake in the hall, and had not gone two yards before I met you—I had advised you to be particular with Mr. Lewis, as he was the best customer we had, and always left a compliment on leaving—you said you were ill on the Saturday morning, and asked me for a Seidlitz powder—I first said you seemed to have been out all night which you strongly denied—when you said Mr. Lewis had lost his money, I believe I said it must be a mistake, he would find it—I did not say I wished I had it, nor make a remark about 50l. each—I went home to dress on Friday, and returned about four o'clock—I went down to tea shortly after four o'clock—I never saw you with any keys—I never
made any remark about Mr. Lewis's money, or where he kept it—I have helped him on with his great coat, but I think not during his last visit—I did not come down to you, and say he had a pocket-full of silver, or that I put my hand in his pocket—I never said to you or Lake, that you were not cunning enough to commit a robbery on Mr. Lewis, nor that I should like to get into his bed-room, and shake his notes, nor that if anybody could get hold of them, and well shake them, he would never miss them—I stated afterwards that there was some more money in a port. manteau, because I heard afterwards from Mr. Vernon, a friend of Mr. Lewis, that there was another roll of 85l. worth of notes—I said I thought Mr. Lewis must really have lost the notes on his way from the Bank, and I did suppose so—I never said I suspected a gentleman that used to visit Mr. Lewis—we had many jokes between ourselves respecting the notes, and I said if any one stole them here, it might as likely be Mr. Vernon, as any one else or more likely, as he had more access to Mr. Lewis's room than anybody else; but it was a mere joke between ourselves, to show the impossibility of the notes being lost there—on the Sunday morning you were apprehended you came to me and said, "A letter is come from Scotland-yard, there is something up now from the police," and shortly after Inspector Ottway and two others. came in plain clothes—they sent for me into the parlour, and asked me several questions—when Icame out you were very inquisitive as to their business, but having heard so much there, I had no doubt you were the guilty party, and I gave you an evasive answer—I told you "They want to know where I go to of a night, they suspect Mr. Lewis was robbed by some lady in an omnibus, coming from the Bank, and they fancy this lady goes to a house where I occasionally go to take my glass"—I am not in the habit of drinking with females in front of the bar—I have drunk in their presence—not modest females—I have been in such houses after leaving the hotel of a night—I have not spent so much money in those houses—I had never been to the Fulham-road before you were taken into custody—I know it now by my brother having taken a shop there—I never went to Bell-yard, Fleet-street, to take a shop there—I believe, from my brother's statement subsequent to your apprehension, that there is an agent there whom he applied to, and of whom he took the shop he now has—I had a gold watch in my possession both before and after the robbery—it was my wife's—I lived in Dublin about six years—I went there to live as principal waiter at the Northumberland Hotel, and was there three years—I then took the Victoria Hotel, in partnership with Joseph Gardener, and we failed—we did not pay all our creditors—we paid all we could—I left the house on hearing there was a writ out against me as I was out at market—I said I never would be taken, and did not return home, but left Dublin by the steampacket at eleven in the morning—it was not at night—I brought my own wearing apparel with me, no one's else—I brought no plate but a dozen silver-tea-spoons, which I have now—I pledged the entre dishes to pay bills which came due—I do not know what became of them—I left the principal part of the linen behind—I took none away with me—I had my own private linen, which was my own before I went to the hotel—it was a good stock, and is not all gone yet—there was a gentleman once staying at Mr. Barrack's, who had a small writing portfolio—it was not given into the charge of any one in particular; he left it in the public coffee-room, and said, "Take care of my writing-case"—it was not in my charge; it was thrown on the side-table—I returned it to the gentleman in two or three weeks, and he said it had been broken open—we afterwards convinced him he had broken it himself by his own key—at first he said he would take the
advice of a Magistrate on the subject, but when he left the house he was pretty well satisfied he had done it himself—it was a little common lock—I did not accuse Miss Barrack of having broken it open—on one occasion I found the end of a pair of snuffers in one of my drawers, and I said it was quite evident some one had been trying to open it after I had gone home at night, and the end of the snuffers exactly corresponded with those in Min Barrack's bed-room candlestick—I said she must have tried to wrench it open, not thinking it was my drawer, or she would not have done it—I did not say she was bad enough for anything—I have frequently said she was very curious of a night in going round—I never said she would break open a lock—I waited on Mr. Lewis on the day of the robbery—I waited on him every day partially—I make it a rule to go in with the first dish to every dinner, if I can—I noticed you in your business that day as usual—I never saw you in Mr. Lewis's room in my life—I did not give any one any brandy in your presence the day you were apprehended; I did afterwards—I have given many persons a drop of brandy or other things—I have paid for many pints and half-pints of different spirits, to treat persons under me, porters and others—I have not given you brandy-checks to go to the bar and get it—I never said you might get a bottle of brandy by bringing a check away and taking it back again—I never instructed you to get a bottle or a pint of wine, or anything else, from the bar in that way; you were too handy yourself is doing it, and I have frequently cautioned you, and said, "Charles, don't do that," and Lake also, and said, "I will book it against you, if you get any thing," and I have done so—I may have taken wine home which was left at dinner parties—I have frequently had two or three bottles left in that way—I generally kept a bottle in my own private drawer, in case a friend should call on me—persons I was familiar with I generally took into the pantry, or into the coffee-room—I have taken many persons into the pantry besides my brother—I never had a brother call on me during your time, therefore I could not send him out loaded with food, wine, or spirits—I never had occasion to send my great coat home of a morning—I may have sent a coat home to be repaired—I never sent anything in the pockets—I know Mr. Houghton—I have not had bottles of wine from him that I know of—he has always paid his bills like a gentleman—he is a railway-surveyor, and a great many clerks of his come to the house—they are most liberal men, and eat and drink of the best—I have sometimes found a spirit or wine-check deficient of a morning, but have generally managed to make it correct in calling it over with the waiters—I never told you to deny having things in order to make the checks right—I never saw anything particularly wrong in either you or Lake—I told you you were too fond of getting out, and were two wild young fellows—I have paid for parcels of Mr. Houghton's, and you may have done so in my absence, for which I paid you again—I never told you to put down 2s. instead of 1s.—I have known you to be out of a night before this Friday, but you were a good waiter, and clever at your business, and I looked over many little things you did wrong on that account—I have never left the hotel of an evening before my usual time without leave of Mr. or Miss Barrack—I may have gone to a neighbouring public-house to meet a friend whom I did not wish to ask into the hotel—I usually went into Mr. Malcolm's—I remember on one occasion coming back to the hotel for some milk when Mrs. Malcolm was dangerously ill, and could not get any—I borrowed it from Miss Barrack or Miss Emma, her niece—I might have met you, and asked you to get it—I never encouraged any of you to fight—I once saw Lake and Bevan the porter fighting—I consider Bevan was in fault—I said Bevan had told a direct lie of
Lake, and he was justified in anything he did—I believe Bevan hit Lake first—I did not say I would take an oath of it.
MR. BODKIN. Q. Did the gentleman say that anything had been taken out of the portfolio which was broken? A. No, he said there was nothing in it but a few letters—it is about eighteen months ago that I found the broken end of a pair of snuffers in the drawer—Miss Barrack had the management of the hotel, jointly with her niece—Mr. Barrack is the proprietor, but having another house he is frequently away—the drawer was in the pantry—it had been without a lock—I put one to it, and I suppose Miss Barrack not knowing there was a lock to it tried to open it—things were kept in the pantry for the use of the hotel, and this was done after I had gone home at night.
JOSEPH NEWMEN . I am laundry-boy at the Trafalgar hotel—I heard of this robbery on the Saturday morning—I was in the habit of sleeping in the same room with Lake and Bowen—I slept in one bed and they slept in another bed, together—on Friday night I went to bed at eleven o'clock—neither Bowen nor Lake were in bed at that time—I got up next morning about seven o'clock—Lake was in bed at that time, but not Bowen—he had not been in bed at all that night to my knowledge—if he had he should have been there at seven o'clock, according to the usual custom.
Bowen. Q. Had you known me out all night before? A. I believe once, when you got leave—William, the porter, came into the bed-room at seven o'clock on the morning of the robbery—I believe he called George, and Lake jumped up in bed, and he told him what had happened the night before—he sometimes came to the room at seven o'clock, and sometimes before seven.
WILLIAM BEVAN . I am head porter at the Trafalgar hotel—Mr. Lewis sent for me about seven o'clock in the morning, and told me of the robbery—it was my duty to call Lake and Bowen—I went to do so that morning, but Bowen was not there—I had been up from three o'clock—if Bowen had been there after three o'clock I must have seen him, unless he was let in after seven o'clock.
Bowen. Q. When you called Lake did you make a communication to him? A. I told him Mr. Lewis had lost 150l.—you were not in bed, nor in the house to my knowledge—I should have seen you if you had been in your proper place—I have known you out before, but cannot say whether you were out all night—I have seen you come in about seven or eight o'clock in the morning—I cannot say I ever knew you out so late as three o'clock—you never knocked me up of a night—you did not sleep on either of the beds in my room that night—I cannot say what time the bar is generally closed—it is according to the time the people are in—the waiters take it in turns to sit up—Lake was up that night when I went to bed—I did not see you till nearly dinner-time next day—I do not think I spoke to you about the loss—your place was in the pantry of a morning, cleaning the plate—I sometimes came into the pantry—Lake and I have had words at different times—one morning I told Talbot that Lake went out and did not do something, we had words about it, and you both pitched into me and gave me a hiding—Lake hit me first.
MR. BALLANTINE. Q. Is it your duty to take the place of Pring? A. I am above him, he remains at the hotel till I come on duty.
GEORGE HBNRY PRING . I am one of the porters at the Trafalgar hotel—I heard of the robbery on the Saturday morning—I had never left the hotel at all that morning—I went to bed about half-past two or a quarter to three o'clock—Bevan then continued my duty—I did not see Bowen in the hotel that morning, but I might not have seen him if it was his night in bed.
Bowen. Q. Do you recollect my coming to the railings on the previous
night? A. No, nor did I tell you to go down to a house close by—I did not let you in that night—I did not open the area gate—I have had occasion to pull you off my bed of a night when I went to bed, but I did not do so that night—I did not see you late that night—I did one night previously—we were out one night together—I returned, and I believe you did some time after—I did not hear you say you should take a seidlitz-powder next morning—I never knew you stop out all night previous to this—I never stated to you what sort of a character Talbot was—I have never heard anything as to his character—I know Joseph Gardener—he has never complained to me of Talbot—he never told me he was a bad character, nor have I ever said so.
CHARLES OTTWAY . I am inspector of the A division of police. My attention was called to this robbery on the Monday, and I was in communication from time to time with Talbot till the Sunday when Bowen was apprehended—I made such arrangements as I thought proper for tracing the notes—I went to the hotel on Sunday, the 14th of Dec., having obtained information respecting some of the notes—I saw Talbot, and mentioned the name of Dancock to him—he made a communication to me, in consequence of which I took Bowen and locked him up in the station, about two o'clock in the afternoon, and I was there when Lake was brought in by another constable—Charles Wood, and a man who gave his name as Jem Bailey, were also brought there in custody with Lake—Wood and Bailey were put into the same place as Bowen—after they had been with him Bowen asked me if Lake was in custody—I said he was, and that he had told all about it—he then said that Lake had taken the notes, and he only handed to him 70l., and if he said he had more, it was wrong, he must have kept the rest himself—in consequence of information I took Bates into custody that night, between twelve and one o'clock, at a house in a street leading out of Waterloo-road—I told him I took him for having passed some notes which had been stolen—he said he did pass them, and he thought they were all right, that he received them of Jack—I did not then understand who he meant—he said he had seen jack that very day, and told him they should get into trouble about them—I asked if he could tell me where Jack was—he said he did not think he could—I said I must take him to the station—he then offered to take me where Jack could be found—he took me to No. 8, Rodney-place, New Kent-road—we got there between one and two o'clock in the morning—he rapped at the door and then at the shutter—a voice asked, "Who is there?"—Bates said, "Is Jack come home?"—the door was opened, and I found Dancock in the room—Bates said, "You must put on your things and go with us, I told you we should get into trouble with some of the notes"—Dancock did not speak at first—he afterwards said he had received them from a friend of his at the Adelaide hotel—I took him in charge—I produce two hats, one of which I took from Daocock, and the other from Bates; also a great coat, which Bates had on—they were taken before a Magistrate—Charles Wood and Jem were discharged, and the others committed.
Bowen. Q. What grounds had you to suspect me? A. The communication made by Talbot that you and Dancock were acquainted—I searched your bed-room and found nothing—I found a paper with figures upon it in your desk, and initials—I asked what it was—you said it was a list of Bank notes which you found when you lived at an hotel, and restored to the owner—I think you said the amount was 1200l.—you asked me if Lake was in custody—it was not Wood asked—he knew it—you did not tell me the notes were found upon the mat.
Cross-examined by MR. PAYNE. Q. For a few days before Bates was taken had the police been making inquiry about this case? A. Yes.
MR. BODKIN. Q. You advised that Bowen should be given into custody because he wished to go out? A. Yes, he wished to go out, the landlord would not allow him—it was Sunday—he said to one of the waiters that if Mr. Barrack would not let him out, he would take French leave—I then advised that he should be given in charge.
BOWEN. Q. Did Talbot state to you that I knew Dancock? A. Yes—I asked if he knew the name, and he said you wanted him to have him as an extra waiter.
ABRAHAM LYONS . I live at Nos. 73 and 74, Union-street, Borough, and am a tailor. This 10l. note, (No. 16462,) has my father's handwriting on it—on the 29th of Nov., Dancock and Bates were at my father's shop—we served them with two coats—the coat produced I believe to be the one sold—I believe it was Bates gave me the 10l. note—I gave the person who gave it to me a pen and ink to write his name, and here is "Smith, James-street, strand," which Bates wrote—it was between seven and eight o'clock in the evening—I know this to be the note I received from Bates, and know his writing on it, and my father's signature.
Cross-examined by MR. PAYNE. Q. Had you ever seen them before? A. No—they were ten minutes or a quarter of an hour in the shop—I am certain it was Bates gave me the note.
FREDERICK STEED . I live at Mr. Carthie's, in Union-street, Borough. On the 20th of Nov., between ten and half-past ten o'clock at night, I saw Dancock and Bates—they had two pints of wine and a glass of brandy-andwater to drink—they had a woman with them, and a cabman, who partook of it—the cab was waiting outside—Bates paid for it in silver, and afterwards asked me for change for a 5l. note, which I gave him—master desired him to write his name on the note—(looking at one)—I cannot identify the note, as I did not see it.
Cross-examined by MR. PAYNE. Q. Had you ever seen bates before? A. No—I stated before the Magistrate that Bates was with a nymph of the pare—master does not keep the house now—I am with his brother.
CHARLES AUGUSTUS CATHIE . On the 29th of Nov. I lived at No. 21, Union-street, Borough—I recollect Bates and Dancock coming to the house—I changed this 5l. note (No. 2313) for Bates—I desired him to sign his name to it, and he wrote the name of Smith on it—I believe this "Wm. Smith" to be his writing—Bates and Dancock were together.
Cross-examined by MR. PAYNE. Q. Did you pay the note away? A. Yes, to my father, on the Monday—this was Saturday.
JOHN GOVIER . I am waiter at Sanson's coffee-shop, and lodge at Watts' coffee-shop. On the 29th of Nov. I saw Bates and Dancock at the Sheridan Knowles tavern, in Brydges-street, where Bates is a professional singer—it is opposite the box entrance of Drury-lane theatre—I changed a 5l. note at the bar for Dancock on Sunday, the 30th of Nov.—this note (No. 2314) is the one—the address on it is the same as he wrote, but I will not swear to it—it was "Mellish, junior, Mellish and Co., silk stocking-dyers, Banner-street, St. Luke, "but Banner-street, St. Luke, is now cut out—I paid the note to Mr. Neat—I have known Bates about three months.
Cross-examined by MR. PAYNE. Q. What character has he borne? A. Very fair.
THOMAS STEVENS . I live with my father, at the Jolly Gardeners, Union-street, Borough. I changed this 5l. note (No. 2315) in the early part of Dee., for the prisoner Dancock—he put his name on by my desire—here is
"John Mellish, jun., Mellish and Co., 72, Banner-street, St. Luke"—I saw him write that.
THOMAS BILTON . I am a hatter, and live at No. 44, New-cut, Lambeth. On the 29th of Nov. the prisoners Dancock and Bates came to my shop together, and each bought a hat—one of them paid for both hats, with a 5l. note—I am not positive which paid it—the hats produced by Ottway are those I sold them—I did not change the note, but sent it to Turner by my daughter.
Cross-examined by MR. PAYNE. Q. How do you know the hats? A. By my name in them.
COURT. Q. Do they fit the prisoners? A. Yes.
HANNAH SIMMONS . I am landlady of the Sheridan Knowles tavern, Brydges-street, and am the wife of Abraham Simmons—Bates was a singer at our establishment, and I think I have seen Dancock before—I received a 5l. note, which I got Lipman to change for me—it was on Saturday night—I took it from a person at our bar—I believe I have seen Dancock—I took the note from a person resembling him in stature, but I did not notice his countenance—it was on Saturday, the 28th or 29th of Nov.—I gave the note to Lipman on the Monday morning after—I asked his name—he said the name and address was on it—I cannot say whether this (No. 2318) is the note—I did not particularly look at it—I paid the note to Lipman.
Cross-examined by MR. PAYNE. Q. Is your house licensed by the Magistrate? A. Yes—I have known Bates eight or nine months—he sung at my house—I can give him a good character during the time.
LIPMAN LIPMAN . I keep the Elysium Tavern. I received this 5l. note (No. 2318) from Mrs. Simmons—I think it is the note, but cannot swear it—I paid it to a solicitor—I do not know his name—I cannot recollect it—I took it myself—he lives in Lincoln's-inn-fields.
Q. Was it to Hallam you paid it? A. Yes—he is not my solicitor—I paid it for Mr. Simmons.
EDWARD JOHN HALLAM . I am clerk to Baker and Co., solicitors, Lincoln's-inn-fields. I received this 5l. note from Lipman—he has written his name upon it—he paid me some money for himself and some for Simmons for arrears of gas rent—we are solicitors to a gas company.
HENRY SMITH . I keep the King's Arms, Roupel-street, Lambeth. I know Bates and Dancock by sight—I saw them at my house on Saturday, the 29th, and Sunday, the 30th of Nov.—on the Saturday they had a female with them, who is outside the Court—they ordered various things—one of them tendered me a 5l. note for what they had on the Saturday, and the other tendered me a 5l. note for what they had on Sunday—they had spirits, beer, and cigars, some of each, to the best of my belief—this 5l. note (No. 2316) is one of them—here is "William Smith" upon it, which was written by Dancock, on my asking him to write his name—there is no address—Bates was present—this note (No. 2321) I received from Bates, to the best of my belief—here is "James Benton, Banner-street, St. Luke's," upon it, which Bates wrote, upon my asking him to write his name and address.
Cross-examined by MR. PAYNE. Q. When did they find you out?
A I was subpoened last Saturday—I had seen Bates before—I paid the note; to Mr. White, of the Salutation, about a fortnight after.
JAMES THOMAS PARTRIDGE . I am an inspector of police. I attended the prisoners' examination on the 15th of Dec.—before the examination I was conveying the prisoners to the police Court—I had charge of Lake—I said nothing to induce him to say anything to me—he said it was a bad job, that he was dragged into it by Bowen, he was very sorry that be took the notes, and it was some time before they could look at them, that they were down stairs with them, and then Bowen said there was 70l., 35l. far each of them—Bowen asked him if he had any silver, he wanted to take them in a cab to change them, that he gave him some silver to go to the Adelaide hotel to change them, that be went away, and he saw no more of him till the following morning, when he asked Bowen about his share of the notes, Bowen said it was all right, he had given them to a friend, that on another occasion be asked Bowen for his share, and he said he had given them to a man who had ran away—that he, Lake, went to the Adelaide to set Wood, and could get no satisfactory answer from him, and he taw plainly they had dragged him into it, and intended to cheat him of kit share.
Bowen. Q. Who brought the subject up? A. He himself—he said it was a bad job—I did not ask him what was a bad job, because I was aware what he was charged with—I did not urge him to My anything—he said, "We took the notes"—he did not say you were out all night—I think he said he went down to London-bridge on the Sunday after and saw Wood, but could not get a satisfactory answer relating to the money—he did not say what time he returned to the hotel—he did not say there was a misunderstanding between, you and the parties—he did not mention the name of the party that had gone away with the notes.
REV. MR. LEWIS re-examined by Bowen. I should think I returned to the hotel from the Bank about a quarter to four o'clock, I cannot say positively—I came with a friend in an omnibus—I checked the notes with Mr. Wellington, before I left the Bank—I took them from him, and counted them.
ROBERT TALBOT re-examined by Bowen. I did not see Mr. Lewis return from the Bank—I think I went that day in starch of an extra waiter—I will not swear whether it was that day or the day puevious—I went to No. 6, King-street, Covent-garden, to the Essex—I told a man there to come to work on the Friday, and he was there on the Saturday—I made a remark as to him in connexion with the loss—I do not know whether I had a new suit of clothes on the following Sunday—I may have had a new suit on that Sunday—I know I had a new suit within the last two months—I never endeavoured to evade justice by persuading Lake to go to Ireland—I never looked to the direct route to Liverpool—Lake asked me a question about Ireland, and I said there was no chance for a strange man in Dublin—I never advised Lake to go to this or that place, or to peruse different routes—he never asked me to lend him 5l. 2.—I did not advise him to go to Mr. Penn, and get moiey—I have many times said, "Why don't you get yotur money from Mr. Penn, the steward of the Athenaeum," knowing him to be short of money—I should not have allowed him to quit the house on the morning he made the confession to me, if he had had the means of getting away—he never asked me for 5l.—he was in a most excited state when be made the confession to me—I suppose it was tkrougb your being taken into custody, and, of course, his expectation that the police would come for him every moment—he said he wished you had never come into, the house—that you had led him into the whole affair.
Q. Had you previously given him anything to drink? A. On the first occasion, when he told me he was unwell and nervous, I said, "Take a drop of brandy in a little cold water, and see what that will do," not then supposing he was implicated in the affair—I swear he was perfectly sober,—finding he was not quite so well in the morning as he should be, I said, "The fact is, George, you were out last night"—he said, "No, I was not, indeed"—I may have said to you in the morning that he had been out, finding him unwell, and incapable of doing his business—I did not tell you he was intoxicated—I suppose this confession occupied more than two hours, because the business of the house called each of us away occasionally—it commenced about seven o'clock, and did not end till near nine, and at that moment Charles Wood and little Jem happened to call, and I, having received a full description of them, thought it my duty to give them into custody—they inquired for you, nobody else—I believe I waited on Mr. Lewis a little every day, not much, but I always saw him—I may have waited in the room while Lake went down stairs—I went into Mr. Lewis's bed-room early in that day, not in the evening—it was to take Mr. Lewis a basin of mutton broth—that was about two o'clock—I do not know that I ever saw you or any one else in Mr. Lewis's bed-room, except Lake—I never heard any one say you were in there—I have heard persons say the door was fastened on several occasions, and they were surprised Mr. Lewis should lock his door, and Lake afterwards told me that was the time you were in the room, and that it was your practice to stop up the key-hole—I think it quite possible for you to have locked and unlocked the door without being heard—I never tried to entrap Lake—I have frequently told him I would get rid of him—he was always careless, and never did his work as he ought, and I gave him the advice of a brother—I liked him—I considered him an inexperienced young man, and never carried my threat into execution, or told Mr. Barrack—I gave him good advice, thinking he would improve—we were not at all busy in the coffee-room that day—we had about eight or ten dinners—we had the extra waiter, because we had more sitting-room dinners than usual—you were in the coffee-room and had nothing to do with the hotel business—Lake told me that you instructed him if there was not the means of coming out unseen at the door, he was to leave by the balcony and get into another room called the Nelson, which was unoccupied at that time, but, even if it was occupied, a gentleman would not be in his room at four o'clock in the afternoon.
COURT. Q. Are they French windows? A. Yes, opening from the floor nearly to the ceiling.
Cross-examined by MR. ROBINSON. Q. I believe you never had any cause to suspect Lake of dishonesty? A. Never—I thought him an honest, good fellow, but a fool to himself.
Bowen's Defence. I have not any knowledge of the robbery, nor do I believe it was committed in the way stated; I acknowledge receiving the notes, which I am very sorry for.
Dancock's Defence. I am sorry I received the notes; I must trust to the leniency of the Court; I must exonerate Bates; it was through me he assisted in changing the notes.
(James Thompson, of No. 7, Newcastle-street, Strand; and Thomas Payne, a licensed victualler, White Horse-street, Drury-lane, gave Lake a good character; and Charles Aistrop, of No. 58, Lower Thames-street, gave Dancock a good character.
BOWEN— GUILTY . Aged 22.— Transported for Fifteen Years.
LAKE— GUILTY . Aged 22.—Recommended to mercy by the Prosecutor and Jury— Transported for Ten Years.
DANCOCK— GUILTY . Aged 28.
BATES— GUILTY . Aged 26.
Transported for Fourteen Years.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
FREDERICK FLOWER . I am cashier at the London and Westminster Bank. On Tuesday, the 16th of Dec, between three and four o'clock in the afternoon, the prisoner came to the Bank, and presented a check for 47l. 10s.—this is it—I asked him from whom he brought it—he hesitated, and took it to look at, and on seeing the name of the payee in the body, he said he brought it from Mr. Bandier—I then asked if he brought it from the drawer, and who the drawer was—he evidently did not know—he hesitated, and said he did not bring it from the drawer, but from Mr. Bandier—I detained him, and gave him in charge—Dr. Qairdner, by whom the check purports to be drawn, keeps cash at our house—it is not his handwriting, but is something like it.
WILLIAM GAIRDNER , M. D. I live in Bolton-street, Piccadilly. In Dec. last I had an account with the London and Westminster Bank—this check is not my writing—I know nothing of it—all the checks in my book are numbered 397—I have looked through my check-book, and miss one check—I hate compared this check with the book—the out does not correspond, it is torn away close to the binding—it is the same number as my checks—I do not know the prisoner—I usually keep my check-book in my drawer, but sometimes I am called away, and may leave it out on the table—I discharged a man-servant in June last.
HANNAH CORDWELL . I live in Wyndham-street, Bryanston-square. The prisoner has lodged at my house two years, and left this day three weeks—we called him Mr. Henson always—his wife took the lodging—she is now at Bristol.
WILLIAM AGGS (City-policeman.) I took the prisoner into custody—I asked where he lived—he refused to tell me—he said his name was William Bennett—I only found out yesterday where he was lodging—I had some private information, and caused a letter to be written to a party at Bristol, and that led to finding he lodged in Wyndham-street—(check read.)
Prisoner's Defence. I am innocent of the forgery; I picked up a pocketbook in Jermyn-street, Piccadilly, on the 15th of Dec, in which I found the check produced, and being short of money, I took it to the bank to get the money.
GUILTY of uttering. Aged 23.— Confined Two Years.
367. JAMES NORMAN, ELIZABETH JAMES , and SUSANNAH JAMES , were indicted for stealing on the 2nd of Dec, at St. Marylebone, 1 cloak, value 1l. 10s.; 1 looking-glass and stand, 15s.; 1 sheet, 4s.; 2 pictures, 6s.; 1 quilt, 2s.; 2 pillow-cases, 1s.; 3 table-cloths, 5s.; 3 brushes, 6s.; 12 napkins, 10s.; 1 knife, 6d.; 1 fork, 6d.; 6 towels, 3s.; 1 scarf, 10s.; 1 boa, 10s.; 3 shawls, 15s.; 1 ring, 4s.; 1 buckle, 2s.; 2 brooches, 6s.; 1 tooth-pick, 1s.; 2 boxes, 10s.; 4 necklaces, 13s.; 1 coffee-pot, 4s.; 1 blanket, 6s.; and 1 pair of cuffs, 3s.; the goods of Jeremiah Gibson, in his dwelling-house.
Lisson-grove, in the parish of St. Marylebone. On the 26th of Nov. the two female prisoners came to the house and took a furnished room-Susannah represented herself as the sister of Elizabeth, in her presence, and wrote her name down as Mrs. Norman, under the direction she gave as a reference—she said her husband was a fishmonger, working at Tottenham-court-road—the male prisoner came in the evening—my husband told him he understood the room was taken for himself and wife only—he said Susannah was a servant out of place, and would be backwards and forwards a great deal—he said he would pay the rent every Wednesday—they came in that night, and left in a week, without notice or paying the rent—we had the door opened next morning—I found all the drawers broken open which I bad left my things in, and the clothes gone—I missed the articles stated in the indictment—they were worth about 11l. altogether.
MORRIS ABRAHAMS . I keep a coffee shop in Russell-court, Drury-lane, and have a house in Red-Lion-court, which I let in lodgings-the prisoner, Norman, took a furnished room there, and afterwards brought one of the female prisoners there—I do not know which—I required a week's rent in advance—he said he had not the money, and would sell his old woman's cloak, would I buy it—he brought it to the coffee shop—I offered him 12s. for it—he would not let it go under 18s., which I gave him—I could not spare the money, and my wife pawned it for 1l.—I gave him 16s., deducting the rent—I afterwards went and found the three prisoners in the lodging—Norman produced a looking-glass and blanket, which I bought of him—when he sold the cloak he said he had bought it for his old woman two months ago, for two guineas—he showed me some beads and other articles—he left a jewel-case on a chest of drawers in my parlour—I bought a tooth-pick of him, which I gave the constable, with the duplicates of the glass and cloak—I gave information when I heard they were apprehended, thinking the things might have been stolen—Elizabeth was in the room when I bought the things.
MRS. GIBSON. This is my cloak, and this glass, tooth-pick, and jewel-case.
JOHN GRANGER (policeman.) I apprehended Norman and Elizabeth James in Red Lion-court, and told them it was for a robbery at Union-street—Elizabeth said, "Oh my God, is Sue taken?"—I went up stairs and found Norman—I called him Norman—he said that was not his name—Elizabeth said, "Jem you had better get up"—I said I had come to apprehend him for this robbery—he made no reply, but dressed—he said it was a bad job—he then said he had had one trip to sea, and should go again at her Majesty's expense, and said, "Keep your heart up old girl, don't be down in your luck, and let us pray"—I went next morning and took Susannah, in White Horse-yard—I told her the charge—she said, "This comes of having to do with a thief," and denied having done anything herself—I have found a blanket in pawn since this examination—I got the duplicate of it from Abrahams.
NORMAN— GUILTY . Aged 21.— Transported for Ten Years.
NOT GUILTY .
OLD COURT.—Wednesday, January 7th, 1846.
Third Jury, before Edward Bullock, Esq.
368. EDWARD HOGWOOD was indicted for feloniously uttering a forged acquittance and receipt for 3l. 15s., well knowing it to be forged, with intent to defraud James Sims.—2nd COUNT, with intent to defraud George Harrison.
MR. DOANE conducted the Prosecution.
CAROLINE HARRISON . I am the wife of George Harrisoa, a surgeon, in Brook-street, Hanover-square; the prisoner was in our service, as groom, in Dec, 1844. Some time in that month he brought me a bill of Mr. Sims, the tailor, for 3l. 15s.—I handed the prisoner the money to pay it—he returned me the bill, to the best of my recollection, the same evening, receipted as it is now.
Cross-examined by MR. CLARKSON. Q. How long was he with you? A. Nearly three years previous to this bill, altogether upwards of four years—I have seen him write, but could not swear to his handwriting—the bill and receipt is not his natural handwriting—I have seen bills and memorandums of his—it is not his usual hand—after being in our service nearly two years, he married my head nurse.
JAMES SIMS . I am a tailor, and live in Union-street, Berkeley-square; Mr. Harrison is a customer of mine. I know nothing at all of this bill and this receipt, "James Sims" is not my handwriting—I never received that money from the prisoner—I never authorised anybody else to sign that receipt for
Cross-examined. Q. Was he in the habit of paying your bills one under another? A. Only for the last two years—prior to that he paid regularly—neither the bill nor receipt is in my writing, nor in the handwriting of any one belonging to my family—(read—"H. Harrison, Esq., to J. Sims, to a superfine drab groom's great coat, with facings, &c, 3l. 15s. Settled, James Sims. 23rd Dec, 1844.")
GUILTY . Aged 34.— Confined Two Years.—(See Cowan, Mayor, 5th Session, p. 649.)
(There was another indictment against the prisoner.)
Before Mr. Justice Erle.
369. GEORGE JOHN FORD was indicted for feloniously setting fire to a certain building in his possession* with intent to injure Charlotte Owen.—2nd COUNT, with intent to defraud Henry Pearse, chairman of the Imperial Insurance Company.—Other Counts varying the manner of stating the charge.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
JOHN EDWARD GREEN . I live at No. 64, Whitecroas-street, Cripplegate; I am one of the agents of the Imperial Insurance Company, and also agent to the landlady of the premises, Mrs. Charlotte Owen. I let the premises in Brain's-buildings, Cripplegate, to the prisoner about three years and a quarter ago—when I let him the premises it was simply an old carpenter's shed—it consisted of the space represented in this model, (looking at one produced) but not of these erections—some alterations were afterwards made in them by the prisoner—this model, I should say, represents the state of the premises at present—they have been several times altered, and a portion of them let off—he took a lease three years ago last Christmas, and was bound to insure for 150l. on the building only—the original insurance was in the York and London Fireoffice—I
was then an agent for that office—the business of that office has since been transferred to the Imperial Insurance Company—there was no other insurance effected by the prisoner until recently—in Nov. last be called on me, and stated that in addition to insuring the premises he wished to insure his stock and his household furniture, as having recently lost hiswife, he should occasionally sleep there—he stated at that time that his stock and utensils in trade were not of the value of the amount he was about to insure for, but he was about to bring stock there—I took his insurance—he insured for 250l. on stock and furniture and other things, making 400l.—I have here as extract which I have since made from my book—I have not got the book hert—I think he said 180l. on stock and utensils in trade, 20l. on furniture, 10l. on watches and trinkets, 10l. on china, glass, and earthenware, and 5l., I think, on papers and prints—I do not recollect that there was any insurance on wearing apparel—I would not say there was not—this was prior to the 20th of Nov., because on the 20th of Nov. he came to me again, and said he bad discovered he could insure for a twelvemonth's rent—I told him he could, and he said he would do so, 10l., making in the whole 410l.—this is an old policy that was agreed to be cancelled—here is an account of the items on it, but not in my handwriting—he paid me altogether a premium of 3l. 0s. 6d. at various times—the policies are not delivered at the moment of payment; several weeks generally elapse—he paid his premium on different occasions, because he did not state all the things at once—he paid his premium on each occasion on all he did state—he called on me at several different times before the 20th of Nov.—I cannot say that he came a different time about each thing, but he came several times, mentioned a different item of insurance, and paid an additional item on it—he called once, a few days after the 20th of Nov., and asked if his insurance was all correct, and I said it was—I told him we had put all the various items into one policy, by which we had saved him 5s., and I returned him the 5s.—I do not think I saw or heard anything more of him till after the fire—he came to my office on Tuesday, the 9th of Dec—he said, "This is a bad job"—I said, "It is, Ford"—he said, "How am I to proceed with respect to my claim on the office?"—I said, "I believe you had not brought in the presses and the furniture you spoke of when you effected the insurance"—he said, "No, I have not"—I said "Then you must make me out an inventory of what your loss is"—he said, "It will be impossible for me to set down every little article"—I said, "The office won't expect you to make out every trifling thing; make out the best inventory you can, and give it to me, and I will deliver it to the directors"—I am not quite sure whether I asked him when he was at the premises last, or whether he said he was there late, but certainly it came at that he was there late on the evening of the fire—he said he was there at eleven o'clock, and the fire broke out, I believe, about half-past eleven—I said, "What induced you to be there at that hour of the night?"—he said he came down to fetch his keys, which he had left there the evening before, and he had not been able to get at his razors to shave—he said he had got to meet a gentleman on business the next day at eleven o'clock, and he had come down for the purpose of getting his keys to get to his drawers, that he might get his razors to shave.
Cross-examined by MR. BALLANTINE. Q. I believe what he said was that he should not be able to get his razors unless he got his keys? A. Decidedly so—I understood that wus what he came down for—I have no recollection of his telling me that he had been to some Temperance meeting in Wildernessrow, or Tabcrnacle-row, and that on his way home he had called for the keys—I cannot undertake to say one way or the other—he stated that he had
been to the house about eleven o'clock—it is sometimes four or five weeks before the policy is transmitted after the insurance is effected, and I have known it to be six weeks—it is according to the business they have at the office—they give no memorandum—they consider the insurance effected through me—the policy is sent to me at their convenience, and I forward it to the person—at the time this fire took place the policy had not been forwarded—I have known the prisoner ever since he has occupied the premises, about three years and a quarter—I do not know that he previously kept a small oil and colour shop—I knew he had a printing business in Cloth-fair—I made the necessary inquiries as to his character before I advised the party for whom I am agent to grant the lease of these premises—I received a very excellent character of him, and he has always borne that character since he has been on the premises—I consider 10l. a year a good rent for the place—it was a mere carpenter's shed, but has been converted by him into a dwelling-house—at the time he took it it was all in a very dilapidated state.
Q. Do you know that he has from time to time used tar and other matters of that kind to keep the rain out from the roof? A. He used to do so sometimes—I remember his applying to me for permission to tar the outside of the place instead of painting it, as required by the lease, and I objected—I knew he had been using articles of that kind to keep out the wet—I have been on the premises since the fire—I think I saw the remains of some furniture, but everything was so completely destroyed it is impossible to say—there might be a few articles on the premises—there were the remains of a few—I had asked him if the presses and furniture had been brought into the house, and he replied, "No"—his stock and utensils in trade were insured for 180l.—that would include the presses—he told me he was going to bring two presses in addition to what he had there at that time—I am not a judge of the value of presses—I did not know that he had been unsuccessful in his business—he kept his rent regularly paid up as if he was going on with the business.
MR. BODKIN. Q. The office give no memorandum till the policy is perfected? A. No—I give a receipt for the premium as their agent, and I expect I did so in this case—that binds the office—they consider the policy complete as soon as I have given the receipt—he applied to me to tar the outside of the house, and I objected—he did not ask my permission to tar the roof.
MR. BALLANTINE. Q. Is the front of the building of wood? A. Yes, old wood—it had been a carpenter's shop, and was in a very dilapidated state.
COURT. Q. What did he build his premises of? A. Principally wood, I believe—he covered them with tile—the tar was used about the guttering of the roof—when he first came to me about the insurance he said his stock and utensils in trade consisted of his presses, his type, and paper used for printing—he said that was on the premises, except the two presses, which he said he meant to bring on—when he came on the 9th to make the claim he did not give any estimate of the amount of his claim—I did not, at the time I prepared the insurance, at all gather from him the value of what he intended to bring on the premises, as compared with the value of that which was on the premises.
MARY TYRRELL . I am the wife of James Tyrrell, and live at No. 2, Brain's-buildings, Beech-street, within one door of the house in question—I wan at home on Sunday, the 7th of Dec, and about twenty minutes before
twelve o'clock at night I was alarmed by a knocking at my door and a cry of "Fire"—I ran out and saw flames rushing from the window over Mr. Ford's gateway (referring to the model)—part of the premises were occupied by Mr. Allen as a school—this is Mr. Allen's school-room—this is the window I saw the flames come out of—I think Mr. Allen had been there about six or eight weeks—the prisoner has carried on no business there for the last nine months—if messages came I used to take them in for him—the first of my taking in messages for him was concerning the letting of his premises to Mr. Allen—about three weeks before the fire the prisoner called on me, and told me I need not send anybody else to Highbury-vale to him, for he was going to give up business and was going on the travelling system—he told me he lived at Highbury-vale—I was never there—after that, I observed him at the premises much oftener than usual—I saw him come very often—I cannot say exactly about seeing him go—I never saw him bring anything—I saw him for the last time about the Thursday before the fire—on the Saturday before the fire, about half-past eleven o'clock at night, I smelt a very filthy smell, and I saw a very large light in Mr. Ford's room, from the window where I afterwards saw the flames—I cannot say what kind of light it was, but it was a very large bright light, for the room was entirely lit up—it was not such as a candle or lamp would give—the room appeared to be quite illuminated—I did not notice how long the light continued—the fil thy smell of pitch and tar was very strong, as if it was burning—I sat down by my window where I could hear everybody pass up and down—the prisoner has a particular step, and I did not hear him or see him there—I did not notice the light any longer than as I was coming up the gateway and going into my own door—that was for a minute—I did not smell the smell after I got in-doors—I spoke to the prisoner about a smell twelve months ago, but not about the smell on the Saturday.
Cross-examined. Q. You neither saw or heard the prisoner after you had seen the light? A. No—I think I should have known his step if he had been one of the passers by—I spoke of the same smell about twelve months ago, and the prisoner said I need not be afraid, he wat much obliged to me, for I had a mind to mind his property and my own too—I do not know that tar is used in the prisoner's business—I was never on his premises further than the counter—twelve months ago he carried on his business there—his wife lived in the corner house then—I cannot say when his wife died—she was with me about three weeks before she died, or it might have been a month or six weeki—I think the last time I saw her was about six months before the fire—I did not see her within six or seven weeks of the fire—I cannot say as to two months.
JULIA MARIA ALLEN . I am a school-mistress, and live in Beech-street. On Sunday night, the 7th of Dec., about twenty minutes after eleven o'clock, as I was going up my staircase, I saw a little redness in the sky, and I saw some sparks fly up—it was a fire—our house is opposite to the entrance of Brain's buildings—as you go up the buildings the entrance to the prisoner's premises exactly faces you—it if not a thoroughfare—there are three houses of each side—on seeing the fire I immediately went down stairs, ran over the road, looked up the buildings, and saw the prisoner's premises on fire—I noticed the flame through the window over the door—the school-room was in darkness—I saw the flames perfectly—as soon as I came to have a clear view of the premises the flames were coming out oi the window—I will not say at the moment I first saw it, but the moment afterwards I did—when I first saw the house it was entirely in flames—I did not notice the time by any clock—I speak from recollection—it was about twenty minutes after eleven o'clock, as near as I can say—I stood and looked at it for a moment or two, and them
I went out of the buildings to fetch my nephew; but finding my niece had outrun me, I turned back and looked at the fire again—I then went home to fetch the keys of the school-room, to save the daybook and ledger—it is my nephew's school-room—I know the prisoner—I saw him on, the 17th of Nov. in my nephew Mr. Allen's school-room—he and I were alone—I forget how the conversation began, but the prisoner remarked to me, that if a fire took place in that building it would be confined to those walls—I said it was impossible he could say where a fire would stop, as the buildings were very narrow, and I thought the whole of the houses would come down, or something to that effect—he looked round and said, "Oh no, the fire would be confined to these walls, it would go no further"—I asked him whether he intended to set the place on fire—he said no, he hoped not—I told him it would be a dangerous experiment—I think he began the conversation by asking me whether my nephew had insured yet—I told him he had not, but he was on the eve of doing so; in fact, I think that very day he had gone about the business—the prisoner said he wished he had, or he wished he would, or something of that kind—I think this about the insurance was at the commencement of the conversation.
Cross-examined. Q. Will you swear he used either of those expressions, "he wished be would, "or" he wished he had"? A. If it was not that, he said it was a pity he had not, or he wished he would, or something to that effect—I could not swear to the exact words, but it was to that effect—I do not know whether that was said in reference to some notion about a railway passing by that spot—we were talking about a railway—I do not think he said there would be an increased value if the premises were insured—it was not a matter that had been talked about between us, nor between me and my nephew—that was not the reason my nephew was insuring—all I remember about the railway was, my saying to the prisoner it was a very singular thing, if they brought a railway across, it would affect where my nephew lived in Bunhillrow; it would likewise affect my school-room and Mr. Allen's—I think it was after that he said it was a pity he was not insured, but I knew my nephew's intention to insure was merely with regard to safety—it was in the course of conversation some time after that he spoke about the insurance—I asked him if he intended to set the place on fire—he smiled and said, oh no, he hoped not—he went on to say he hoped to carry on business there yet—I did not know his wife.
MR. BODKIN. Q. According to the best of your recollection, had the conversation about insuring against fire anything to do with the railway? A. No.
ROSE PERRIOR . I reside with my aunt, Mrs. Allen, in Beech-street—I am fifteen years old. On this Sunday night I went out before my aunt—I went over into Brain's-buildings, and saw the flames coming out of Mr. Ford's premises, facing the entrance of the court—it was about from a quarter to half-past eleven o'clock—I was not out five minutes before my aunt followed me—Allen, who occupies the school-room, is my brother—on the, 5th of Nov. I was in his school-room with Allen and the prisoner—the prisoner said he wished Allen would insure—Allen said he would as soon as possible—something was said about a railway at that time, but I do not exactly recollect what—the prisoner said he understood he could insure a twelvemonth's rent—my brother did not say anything to that—the prisoner said he had a fresh policy out—the conversation turned upon railways, and I do not exrecollect what it ended in.
Cross-examined. Q. The principal conversation was about the railways,
was it not? A. No, about insurance—that was not introduced by talking of the railways, it went off to the railways—I think the insurance was to be made from a notion that there would be a greater value in the premises if a railway came there—I had no acquaintance with the prisoner's wife—I knew him by coming into my brother's premises—my brother had been there about six weeks when the fire took place—he took the premises of the prisoner.
ALFRED VICTOR ALLEN . I am a schoolmaster, and reside at No. 2, Bunhill-row. About six weeks before the fire I took part of these premises of the prisoner for the purpose of a school-room—there was no internal communication between my premises and the prisoner's after I put them into repair—they were quite separated then, but only by a wooden partition—on the Saturday before the fire, I left the school-room about a quarter past two—it was a half-holiday—I left my premises quite safe at that time, and no fire in the stove—no one slept in the school-room—I locked the outside door, and took the key with me—I was aroused about half-past eleven on Sunday night by a cry of fire—I went to the spot—the fire was then coming out through the windows of the prisoner's premises, and reaching round the corner into the first window of mine—there was no appearance of fire in my part—the fire continued until the premises were destroyed—I had not effected any insurance on my property there—I had frequently been into the premised occupied by the prisoner—the last time, I should think, was a fortnight before the fire occurred—I did not then go over the premises, but I had opportunities of seeing into all of them—the whole were filled with different materials, arranged without respect to order—there were printing materials—there were no presses there at all—there were cases of type, and a heterogeneous mass of different materials, blacking-bottles, cobbler's lasts, and a variety of things unconnected with the prisoner's business, as well as things connected with it—I cannot state with any certainty the number of cases I saw—I cannot say they contained any type, they were on the top of each other—there was type lying in the room adjoining my school-room—it was standing on the floor, arranged—the type cases stood on the floor, piled one upon another—I cannot swear they held type—I saw no furniture there, with the exception of a Windsor chair, and one or two broken articles—there was no amount of furniture, nor any appearance of business going on—no business was carried on by the prisoner since I have occupied my portion of the premises—the prisoner for the most part left his key with me, until, I think, a week before the fire occurred—the last time he came to me for the key was, as near as I can say, on the Tuesday or Wednesday before the fire—he then told me he wanted the key, as he intended to bring some furniture into the place—I understood him to say from Highbury—I think that was between twelve and two o'clock—he looked in in a day or two after, to know whether any message had been left—I saw him on the Monday, the day following the fire, in Brain's-buildings—the persons from the fire—he were there then, Mr. Mallet, the head engineer, Mr. Atkinson, and the two Mr. Nynes—Mr. Nyne asked the prisoner, in my presence, when he was last on the premises—he said, "About twenty minutes past eleven o'clock on Sunday night," the night before—he asked him what he went there for it such a time as that on Sunday night—he said to get the keys that he had left behind him on Saturday night, to get his razors that were locked up in some drawer at Highbury—Mr. Nyne then said, "How is it you did not shave this morning?"—the prisoner said he had shaved, but in cold water—he did not appear as if he had been shaved that day—I said I had shaved, and was in the habit of shaving in cold water for years—he then said his razors were blunt
the prisoner expressed his surprise that I was not insured—he seemed to be under the idea that I was—he said, "What, are you not insured?"—I said, "No, not for a farthing"—he expressed a doubt as to whether his insurance would cover his loss—I told him an inquest would be held on the fire—he said he could say no more at the inquest than he said then—I believe it was after that he said the insurance would not cover his loss—he said he had furniture there—I told him I knew of none—he said he had brought it in on the Saturday—I asked how he had brought it in, whether in a cart or truck—he said he had carried it himself from a person named Cummins, in Willowwalk, Tabernacle-square—I asked what quantity of furniture he carried himself—he said, "Four mahogany chairs without the cushions"—he was asked if he had a light there on the Sunday night—he said, "Yes," and he recollected having stumbled as he was coming out of the premises with the light in his hand—I then asked him whether the light had fallen from his hand—he said no, he had grasped it tight—he came into my school-room several times before the fire and talked about insurance—he asked me whether I had insured, and he showed me his policy on one occasion, and he eventually told me he had altered it three times—he said the fact of my having a stove, which was in the centre of my school-room, affected his policy, and he was obliged to alter it on those grounds—he came to me several times about it, and once he showed me his policy, and said he had been obliged to have it altered on account of my stove increasing the hazard—I should think that was about three weeks before the fire—he asked me whether I should insure, and I said I intended to do so—on another occasion he told me he had again altered his policy to insure property on the premises—I think that was about a fortnight or three weeks before the fire—it was after he had spoken about my stove—he told me he had effected an insurance on property on the premises to the amount of 250l. I think—it was, I think, on that same occasion we were talking about fire, and he said if a fire took place there, it would be confined to the corner; that the wall of Mr. Bassington's was thirteen inches thick, and the wall of the house on the other side nine inches thick—I looked round and said, "Yes, a fire would indeed clear out the corner"—on one occasion I saw some black stuff on his premises which I thought was pitch, but which he told me was printing varnish—it was in the gutter of the roof—the gutter was full of it—that must have been five or six weeks before the fire—it was while my portion of the premises was repairing—he said the apprentices had filled the place up with it, he had a quantity of it there—there was a small tub of the same stuff standing in the yard—he told me it was printing varnish—I Went on the premises on the Monday morning after the fire—the fire appeared to me to have begun in the corner against the wall, where the black mark is on the model—one reason for my thinking so, was finding the wall blackened all round for the extent of three or four feet, like the smoke that would rise from the beginning of a fire—it adjoined that portion of my premises where my heaviest property was—there were vestiges of property left in that corner—my opinion is that some combustible matter had burnt there, and then gone to the other part of the premises—it must have been so—the fire commencing there would have scorched the walls before the flames gained sufficient ascendency to destroy the premises—I saw a pile of type cases in the corner near the wall, and I saw some type in them, but I did not lift them, and do not know what was underneath.
Cross-examined. Q. Did you likewise see the portion of a table? A. I recollect no such portion—I think there was none, or I must have seen it—I saw a portion of a mahogany chair—my part of the premises was entirely cleared out by the fire, and his part partially—I saw some bundles of books
and papers tied up, and a considerable quantity of type—I cannot speak with any certainty as to the quantity—they were square cases, such as are used in printing-offices, about three feet long, by two and a half wide—they are not more than an inch deep—they hold one layer of type—I do not think I stated before the Magistrate that he said he doubted whether his insurance would cover his loss—I have not been examined by the solicitor for the prosecution, or by anybody since I was before the Magistrate—I have given no further evidence—I have avoided it strictly—he expressed a doubt whether his insurance was completed.
Q. And was not the doubt he expressed, whether not being completed, it would cover his property? A. No, because the question I put to him directly, was, "Have you paid up the demands of the office on you?" and he said, "Yes"—I said, "Then there can be no doubt about the safety of your insurance"—he expressed a doubt about the safety of his insurance previous to my telling him so—the ground of his doubt was not having his policy in his own hands, not whether the 250l. would cover his loss—he conveyed to me that four chairs was about the extent of the furniture he had in the house—he told me that was what he carried in on the Saturday night—that was all he told me of—he did not tell me that was all he had—when I saw the flames they were coming out from this corner—(referring to the model)—there is no window near there—there had been one, but it was boarded up—it had a wooden flooring—that was very little injured.
MR. BODKIN. Q. You say the prisoner stated he was afraid his insurance would not cover his loss, as he had furniture? A. Yes—that was on the Monday afternoon—the conversation with regard to the policy was in the evening, about seven o'clock, several hours afterwards—he said nothing about his policy at the time he spoke about his fear of his loss not being covered by his insurance.
HENRY ANDREW MALLET . I am one of the engineers of the London Fire Establishment—our station is in Whitecross-street, from 80 to 100 yards from Brain's-buildings. On Sunday evening, the 7th of Dec., about a quarter to twelve, I was called to the place where the fire happened—the whole of the building was on fire when I got there—it took about half-an-hour to get the fire under—the roofs of the workshops were all burnt down—after that our officers were placed in charge of the building, one relieving another, from the time the fire was extinguished, till Tuesday, the 9th, so that no person could have an opportunity of going into them to put anything there, or take anything away—on Tuesday, the 9th, we commenced examining the premises of Mr. Allen, and on Wednesday we began to examine the prisoner's premises—the officers kept possession until then, from the time the fire was extinguished—on Wednesday I found these books saturated with turps—(producing them)—I found them in the prisoner's premises, near the type-cases, where the black mark is on the model—they were in the same state they are now, wet—we smelt the turps before we discovered them—they were under the rubbish which had fallen from the roof—it did not appear that any water had got to the books—the rubbish had sheltered them from the water—they were wet from the turps—every leaf is saturated with turps—I have had charge of them ever since, and they are in the same state as when I found them—I kept them locked up in a box in the engine-house—they have not received any wet of any kind since they have been in my possession—they were in one heap, near the wall—under these books I found a layer of shavings, some of which I produce, saturated with gas-tar—they smell of it now—I know the difference between the smell of gas-tar and Stockholm-tar—I should say this is gas-tar—I found nearly a sack full of these shavings under the books—in my judgments it
was impossible for the books to have been in the state in which I found them had the turpentine been spilt on them—in my judgment they must have been steeped in turpentine—there does not appear to be any turpentine connected with the shavings, that I can smell—they were about a foot in depth—on the day following we discovered another sack of shavings—part of the sack is burnt—(producing it)—it was lying on the floor with these shavings in it and about it—I did not find the remains of any burnt shavings about the same room—I found the sack of shavings within a foot of where we discovered the books, and close to the wall, that was burnt up—in my judgment the fire commenced in that corner near the party-wall—the wood-work of the building was quite destroyed at that corner—I found among the rubbish the remains of some chairs, and portions of an old bedstead—I have often seen and smelt the varnish used by printers, it is impossible I could have mistaken the smell of the shavings for that.
Cross-examined. Q. Do you know that turpentine is very often used for cleaning type? A. Yes; I have understood printers use a great quantity for that purpose—supposing the fire had commenced in the centre of the floor, and had been attracted to that corner, the appearance would have been different from what I saw; the shavings must have been burnt, and the bottom of the sack must have been burnt, but instead of that the upper part was burnt—the sack was lying lengthways on the floor, about three feet from the corner, and about a foot from the party-wall—I observed nothing but rubbish between the sack and the other end of the room; I mean the rubbish from the building when it fell—there were some loose shavings at the further part of the building, over the entrance to the door—there were no loose shavings where the fire began, except those we found under the books—they were not in a sack—they were partly burnt—this is all the paper I found saturated with turpentine—it was not fastened together, but as it is now, folded together; not lying loose about, but in one pile, as if it had formed a book—there was no appearance of any books saturated with turpentine having been burnt—the room in which the fire commenced was about five or six feet by six—I cannot say whether there had been a door to it—all that part was quite destroyed—the loose shavings extended over the front of the doorway—there were none in that room—the shavings under the books extended beyond the books—there seemed about a sackful—there was a little rubbish between the books and the shavings, rubbish arising from the destruction of the building.
MR. CLARKSON. Q. Did you find any other books or papers in the room in which you found these saturated with turpentine? A. No—I found nothing but the shavings between the books and the floor—on the Saturday following we found a turpentine-can, which I produce, and a sack of shavings—we found them against that black mark, towards the door from the yard—the sack was lying down—it was partly burnt, but the shavings were not—the can was standing alongside of it—there was nothing in it—I know it has contained turpentine by the smell of it—it has the smell now—the shavings we found on the Saturday appeared fresh, and those we first found were saturated with tar—there was no difference in the shavings themselves.
MR. BALLANTINE. Q. Were there also broken bottles found? A. Yes, a great many—some had contained boiled oil, and there were two other cans, which I should say had contained turpentine—they were over the entrance of the door, not in the same room—I do not know whether boiled oil is used in printing.
there at the fire—I went over the ruins, to examine the state of the premises—I directed my attention to this part of the building which is marked black on the model, and there found the books which have been produced—they appeared to have been soaked in turpentine—they are magazines, or works unbound—I found some type-cases—they were placed one on the other—part of them were burnt, and under the lowest of them were shavings—I examined the state of those shavings, and the underneath part of them, next the floor, appeared to be burnt—the shavings extended on the floor to within about a foot of the partition which runs across—the type-cases partly covered the shavings—the part that was burnt was underneath the cases—the shavings were soaked with tar—they were in this sack, lying under the cases—the other part was also burnt, but there was no tar on those, only on the shavings under the cases—I found the turpentine-can which has been produced.
JOHN BENJAMIN FRANKLIN . I was apprenticed to the prisoner about five years ago—I was with him when he first came to the premises in Brain's-buildings, and I worked there for about a year or a year and a half—he then gave up the business—there were four apprentices at that time—it is about twelve months ago that we last worked on the premises—we left because he had no business—he wished the apprentices to leave, and we wished to leave too, and we went to seek work elsewhere—from that time down to the fire happening I did not work on those premises, nor know of any being done—I remember that on the 2nd of Feb. two sacks of shavings stood in the top room, by the side of the wall—I never saw them after that—a lot of birch brooms were in the same room—he had some pitch and tar—he bought the tar to tar the gutters to the tiles—I do not know where it came from—I know Mr. Bliss's warehouse, in Barbican—when I left, in Feb., the tar was in the top room; not the room over the entrance, but on this side—it was brought down stairs, and taken up again—there were two tubs of pitch, and one of tar—there was only one used; the other was taken up stairs again.
Cross-examined. Q. Was there any turpentine about? A. No—I do not think he had a halfpenny-worth of turpentine in the place—he used to buy 1d. worth at a time—he was obliged to use turpentine sometimes for cuts or pictures—he was not obliged to use it for the type—he did use it—he was married at the time I was with him—he and his wife quarrelled a great deal—I never knew her pawn his things—I know he used to knock her about—there was some printing varnish about.
MR. CLARKSON. Q. Whereabouts? A. In the yard.
MARY ANN HAYNES . I am the wife of John Haynes, of College-street, Higbbury-vale. The prisoner kept the house, and I lodged there—it is a six-roomed house—he did very little work at that place—about ten or twelve weeks ago I remember his
selling some furniture—I do not know who to—several brokers came, and I saw him show them this furniture—it consisted of two beds, two bolsters, two pillows, a double chest of drawers, a bedstead in the top room, a table and looking-glass in the kitchen, and chairs, a sofa and table in the parlour—he sold them all to a broker, who took them away—I do not know what he sold them for—he continued in the house after that—I cannot tell exactly what furniture he had left—there were beds and bedsteads, drawers and chairs, and several things—I do not think the things left, after what he sold to the broker, would have fetched more than 5l.—I heard from him that the reason he sold the furniture was because he owed a person some money, and that person sent to buy the things in payment of the debt, but he (the prisoner) was not to have the money—the prisoner told me of the fire on the Monday evening—on the Sunday before that I remember his going out, but I do not know the time, nor what time he came home—we were in bed—I saw him on Sunday—he went out between twelve and one o'clock in the day—I never was at Brain's-buildings—I do not know what time he came home on Sunday—I went to bed about half-past nine, or from that to ten o'clock—he was out then—I saw him on the Monday morning—on the Tuesday evening he asked me if I knew the time he came in on Sunday night, and I said I did not—the prisoner's wife died about the 20th of Sept. at Highbury.
RICHARD BAKER . I am ward-beadle of Cripplegate-without. On Wednesday, the 10th of Dec., I took charge of the prisoner, and took him to the station, about half-past seven o'clock in the evening—I had occasion to go away for a short period, and on my return I received a paper from Sergeant Watson—in consequence of what I found in that paper I went to the prisoner's house at Highbury-vale—I there found thirty-one duplicates, which I produce—they commence in 1844, but the principal part of the things bear the date of 1845—the following relate to Nov.:—"13th, 1 spoon, 1s.; 20th, silver-mug, 2l. 5s.; 26th, table-spoon, 12s.; 13th, 1 spoon, 6d.; 14th, 1 spoon, 1s.; and 4th of Sept., silver watch, 1l. 7s.; 9th of Sept., counterpane, 6s. 6d."—the rest are principally in Aug.
Cross-examined. Q. Was 4l. found on the prisoner? A. No—at his premises I found three sovereigns and two 5s. pieces, which has been returned to him—I also found this silver watch and two rings—they were found as specified in this paper.
MR. CLARKSON. Q. Did you see the furniture at the place at Highbury? A. I did—it was certainly under the value of 10l.
CHARLES WATSON (City police-sergeant, No. 101.) I was at the station in Moor-lane when the prisoner was brought in—I saw him write this paper—he was about passing it to his uncle, who was with him, and I took it from him—(read)—"8, College-terrace, Highbury-vale. Get the key of the bed-room out of kitchen cupboard; also the pocket-book of my wife's, red; open the bed-room at the top of the house; open the middle drawer with the springkey; take out of the right hand corner drawer, and with ring-key open bottom drawer, and take out watch and key: also out of corner cupboard near window the tickets in the letter."
----MATTHEWS. I am a surveyor and appraiser, and live in Cloak-lane. I went to these premises by the desire of the Company, to examine the remnants of the fire—I found vestiges of the following articles:—4 tin canisters, or cisterns, with printing ink; 2 iron-bound casks; leather covered trunk; folding steps; about 1100 wood letters; 5 woods; 15 old plough-knives; 20 binders' tools, letters and flowers, and 27 others; 12 binders' rules; 1 spanner for a press; about 5 cwt. of paper, various, as pamphlets, magazines, &c.; 31 chases, imposing-stone and stand; 450 stereotype plates; 12 copper plates; an ink-roller; 68 wood type cases, stand for ditto; hand copper-plate press; about 2600 weight of type and furniture; 500lbs. fused metal; 6 pages of letter-press stereotype; a quantity of blacking-bottles; certain ink, German-stove, glue-pot; 6 tin cans, 5 mallets, a mattock, brass cock, a quantity of shoemakers' lasts; 3 shop show jars and covers, and muller and stone—in furniture I found an old cooking apparatus, 5 rush-seat chairs, 4 mahogany ditto, a hearth-brush, 1 pillar and claw mahogany-table, a 2-flap table, 1 Windsor arm chair, a Dutch clock, bellows, 4 iron pots, warming-pan, kitchen-fender, and 2 old wire ditto; 2 tin tea-kettles, 3 spoons, Waterloo bedstead, 2 scuttles, 2 blankets, 2 sheets, and a quilt, printed cotton bed furniture, and a check ditto; 4 old waistcoats, 2 pairs of trowsers, 1 pair of
breeches, 2 coats, a jacket, 15 printed books, and a press bedstead—that is the salvage of the whole fire, exclusive of Mr. Allen's—the German stove had apparently heated part of the prisoner's premises—I should consider the amount of stock, at a very liberal price, would be 82l. 19s., or 83l., and the amount of furniture about 7l. 8s., or rather more, including wearing apparel—that includes all I saw—that is presuming he had to sell it, and that the articles were as I suppose they were before the fire.
Cross-examined. Q. If he had had to buy them, I presume you would put a higher value on them? A. Certainly, because the greater part would have been type—if he had been obliged to buy them the value would have been far exceeding the amount of insurance.
MR. CLARKSON. Q. You mean buying new articles of the description of the things you saw there? A. Yes, but I should hardly suppose he would have stated these as new under any circumstances.
(The prisoner received an excellent character.)
NOT GUILTY .
370. GEORGE JOHN FORD was again indicted for setting fire to the premises in the occupation of Alfred Victor Allen, with intent to injure James Esdaile and others. He was also charged, on the Coroner's inquisition, with the like offence.
MR. CLARKSON offered no evidence.
NOT GUILTY .
Before Mr. Justice Erle.
371. THOMAS BENNETT was indicted for stealing, on the 22nd of Dec., (he being employed under the Post-office,) a certain post letter, containing 1 pin, 1 sovereign, and 1 half-sovereign: also, on the 22nd of Dec., one other letter, containing 1 sovereign and 1 half-sovereign, the property of her Majesty's Postmaster General; to both which he pleaded
GUILTY . Aged 24.— Transported for Fifteen Years.
OLD COURT, Thursday, January 8th, 1846.
Fourth Jury, before Edward Bullock, Esq.
372. WILLIAM WILKIS, alias William Walter Willis , was indicted for feloniously breaking and entering the dwelling-house of John Midford Lerew, on the 21st of Nov., at St. Giles-without-Cripplegate, and stealing therein 1 watch, value 5l.; 1 seal, 30s.; and 1 guard-chain, 10s.; his property: and 1 watch, 3l.; 1 ring, 1l.; 1 bag, 6d.; 5 sovereigns, 1 half-crown, 6 shillings, 3 sixpences, and 1 5l. Bank-note; the property of Alfred Hopeful Lerew: also, for feloniously breaking and entering the dwelling-house of William Walker, on the 23rd of Nov., at St. John Clerkenwell, and stealing therein 1 watch, 9l.; 1 brooch, 15s.; 10 keys, 4s.; 1 ring, 1s.; 10 shillings, and 2 sixpences; his property: to both which he pleaded
GUILTY . Aged 20.— Transported for Fourteen Years.
373. JOHN YOUNG and PIERCE DRISCOLL were indicted for feloniously assaulting Pierce Murphy, on the 26th of Dec., and cutting and wounding him on the head, with intent to do him some grievous bodily harm.
MR. ROBINSON conducted the Prosecution.
from settling my wages, and was going to my father's, and as I walked up Harris-court I saw the prisoners there, and a crowd in the middle of the place—as I strove to get through them the prisoner Young walked up to me with some tongs, and said, "Here is another b—cockney"—he struck me on the forehead with the tongs, and knocked me down—this is the wound it caused—it bled very much—I went to the hospital that same night and got it dressed, and I have been attended for some time by a surgeon—I had not said a word to provoke the prisoners at the time the blow was struck—they were fighting with a different party altogether—Macfaddin, my brother-in-law, was walking behind me—when I was on the ground a party of men and women came and knocked me about, and I was very much ill-used—one man came and jumped on my mouth as I laid on the ground—I cannot myself say who that was, and I received a wound on my head behind my ear—the jumping on my mouth knocked my teeth through my lips, and loosened two of my teeth.
Cross-examined by MR. DOANE. Q. Is Young a ballast-man? A. No—I do not know what he is—he is a stranger to me—I have seen him before, but not to know him—he has not been very long from Ireland—I have not seen him very often till within the last four months—I had not seen either of the prisoners the night before—this was boxing night—I had no quarrel with Young the night before—I was along with my friends—I was not having a row, and saying the Irish were a rascally set, and nothing was so bad as the Irish—I swear that, nor anything of the kind—I never had any words with either of the prisoners—I never said anything against the Irish—my parents are Irish—my father lives in Harris's-court, and Driscoll lives there—I did not see his windows smashed and his door broken open—I had nothing to do with it if they were—I was not there, and did not hear him complain to the police about it—the first thing that happened with me was, Young walking up and saying, "Here is another b—cockney," and then he gave me a good crack on the head—he had a weapon in his hand—I cannot swear they were tongs—the man jumped on my mouth with both his feet, and I was kicked everywhere—both women and men were round me kicking.
MR. ROBINSON. Q. How long was it from the time of your being at the mouth of the court to your receiving these blows? A. I was not more than a minute walking up.
DANIEL MACFADDIN . I live in Queen Catherine-court, Brook-street—I was in company with Murphy on the 26th of Dec., and coming home through Vine-passage, somebody came and said there was a fight in Harris's-court—this is a noted party, so we went to see what was the matter—I stopped at the bottom of the court, and asked some women what was the matter—Murphy walked up before me, and when I came up he was down, and four or five women round him and on him—I cannot say I saw the prisoners—I do not know them—a rush was made at me—I stepped back and took my coat off—Murphy's mother-in-law came to me and said, "If you don't save his life he will be killed"—I went up, and the first man that came up had the tongs—I took them from him—I cannot swear who it was—I afterwards saw the wound the prosecutor had received—it was a large cut—the flesh was very much separated on the forehead, and shivered up and down—it seemed a blow from some blunt instrument—he had another wound on the head and one on the mouth.
Cross-examined. Q. How came you to take your coat off? A. Why, I did as a man ought to do—his life was in danger, as I thought—I certainly meant to do my best to fight the other party—I would not stand by and see him killed—I am an Irishman.
MARY ANN BRIANT . I live in Stone-stairs court, Ratcliff—on the 26th of Dec., between ten and eleven o'clock, I was in Harris's-court, and saw the prisoners—I saw Young strike Murphy with the tongs on the forehead, and he fell senseless—I saw the blood flow from his forehead, and while he was down I saw Driscoll stamp on his mouth—I had seen Driscoll along with Young before that.
Cross-examined. Q. Do you live in this place where the row was? A. No—I had come out of Mr. Chase's, who lives there—I was servant there—the row had begun a quarter of an hour when Murphy came into the court—it began with Mat Arney and Young—Arney is an Irishman—several women took him away—I did not see Driscoll's windows smashed, and his shutters broken down—when I came back from the hospital I saw they had been smashed—I do not know who did it—after Murphy was knocked down several women came round him and jumped on him—I was not there the night before.
ANN TOOVEY . I live in George-court, Harris's-court—I saw the two prisoners on the night of the 26th of Dec.—I was standing at the bottom of George's-court, and Young was standing there—Arney came down, and Young said, "Are you one of the lads that were fighting last night?"—Arney said, "I don't know"—Young said, "Are you as good a man as you were last night?"—Arney said, "As you have got no weapon now I dare say I am"—on that Driscoll crossed to his own house and brought out about ten men with sticks and pokers and tongs—Arney was taken home—Murphy had not come up at that time—I saw him come up afterwards, with his hands in his pockets, with Macfaddin, and the first I saw struck was Murphy, by Young, with the tongs—before Murphy came up Young said, "If the cockneys don't go we will make them walk knee-high in their blood, and we will sweep Harris's-court with their liver"—Driscoll was present at the time—when Murphy lay on the ground I saw Driscoll kick him in the mouth.
Cross-examined. Q. Did not you see another man, not in custody, strike the prosecutor on the back of his head? A. Yes, but he did not cut him or draw any blood—I saw Young hit him across the head with the tongs—he struck him two or three times with the tongs, and when he fell Driscoll jumped on his mouth—I saw Murphy taken in doors.
CHARLES POTTER (police-constable K 312.) I took Young into custody on the night of the 26th of Dec.—I told him what he was charged with—he said, "Look at my landlord's windows how they are broken"—I said, "Never mind that, that has nothing to do with striking the man over the head with the tongs."
Cross-examined. Q. Do you know Murphy? A. I have known him about three months—I was never in his company, and did not see him that night—I saw Driscoll's windows and the door—I believe they were smashed that night—he complained of its being done by some of the persons in the court.
YOUNG— GUILTY . Aged 28.
DRISCOLL— GUILTY . Aged 32.
Of an Assault.— Confined Six Months.
Before Mr. Justice Wightman.
MESSRS. ELLIS and DOANE conducted the Prosecution.
an examined copy of the record of the prisoner's former conviction—it is a true copy—(read—Convicted 16th Sept., 1844, and confined one year.)
THOMAS HENRY TARLTON . I am secretary to the Young Men's Christian Association, in Sergeant's-inn, Fleet-street. On Saturday, the 13th of Dec, about one o'clock, the prisoner came to our office to purchase three tickets of admission to a course of lectures then in process of delivery to young men—I told him they were 1s. each—he asked first if they were any price at all, and when I informed him the price, he asked if I could give him change for a sovereign—I said, "Yes," and put the change, 17s., on the desk—he drew an apparent sovereign out of his pocket, folded up in paper—I found it was counterfeit, and charged him with having tendered me a base sovereign—he denied all knowledge of its being base, and said his master, a bookseller, at Hackney, had given it to him—I told him unless he could give me evidence that he had been sent by the party he named, I should detain him till I sent for a policeman—he did not, and a policeman was fetched—he then acknowledged the sovereign was bad—I delivered it to Noble, the policeman.
ISAAC NOBLE (City police-constable No. 318.) I was called to Sergeant's-inn, on the 13th of Dec., and the prisoner was given into my custody by Mr. Tarlton, from whom I received this bad sovereign—I searched the prisoner, and found on him some pamphlets, two good shillings, and three halfpence, but no other bad money.
FREDERICK WILLIAM LARGE . I am errand-boy at the Marylebone Literary Institution. On the 3rd of Dec. last I saw the prisoner at the library of the Institution—he asked me for a ticket for Mr. Russell's entertainments, the price of which was 2s.—he gave me a counterfeit half-sovereign—I saw at once that it was bad—I took it to Mr. Bingley, the secretary, and by his direction, went for a policeman—I left the half-sovereign with him, after making a mark on it—I found Doherty, the policeman, who came and took the prisoner into custody—on my return Mr. Bingley gave me the same halfsovereign I had given him, and I gave it to Doherty—the prisoner was taken before a Magistrate the following morning, and discharged.
JAMES BINGLEY . On the 3rd of Dec. I received a half-sovereign from Large—I remarked that it was bad—I retained it in my possession a short time, and then gave it back to him—I am sure I gave him the one I got from him.
JAMES DOHERTY (police-constable D 51.) On the 3rd of Dec. I took the prisoner into custody at the Institution—I received from Large a counterfeit half-sovereign, which I took to the station, and gave it to sergeant Sheppy—he returned it to me on the 17th of Dec., and I produce it.
Prisoner. Q. You and Large were absent from the station two or three minutes by the advice of the inspector, where did you go to? A. To a public-house on the other side of Oxford-street, to weigh it—the landlady weighed it, and it was not weight at all.
THOMAS SHEPPEY (police-sergeant D 19.) I received a counterfeit halfsovereign from Doherty, on the 3rd of Dec.—I put it into the desk along with other counterfeit coin, but am certain there was no other half-sovereign—I returned it to Doherty on the 17th of Dec.—I can swear I gave him the same I received from him.
WILLIAM WOOD . I am schoolmaster to the Society for teaching the blind, in Queen-square, Bloomsbury. On the 11th of Dec. last the prisoner came to the Society's premises there for a report, and he purchased an embossed copy of the Acts of the Apostles—the cost of that is 3s. 9d. to a bookseller,
and I charged him that, as he said he came from Mr. Williams, a bookseller—he tendered a sovereign in payment—I said it felt rather curious—it was very smooth—I struck it on the desk, and asked a blind boy close by me what it sounded like—he said, in the prisoner's presence, that it was a shilling—I then compared it with a shilling, and finding it was not a shilling gilt, I felt more convinced of its goodness, and gave the prisoner 16s. 6d. change, and he gave me 3d.—I packed the book up in brown paper, at his request, tied it, and wrote the name of Williams on it, with the selling price—I placed the sovereign in a tin-box which I have for the purpose—there was one other sovereign in it, which was very bright and sharp in the impression—it was decidedly a good one, and very different from the one I took from the prisoner—it remained in the tin box till about half-past one next day—I then gave it to Malcolm, who guides our pupils, to take to change—I am quite certain I gave him the sovereign the prisoner gave me—I was not certain of it at the time, till Malcolm came back, and then I looked into the tin box, and found the bright one still there—the one I had given Malcolm was very dull, and very smooth, and the other was very bright and sharp—I took it to the solicitor of the Mint, on the 22nd—I kept possession of it, and produce it now—I have kept it entirely separate from other money since.
JOHN MALCOLM . On the 12th of Dec. last, I received from Mr. Wood a piece which I considered was a sovereign, but I never looked at it—I took it to a shop to get change, and when I threw it on the counter the man told me it was bad—I returned it to Mr. Wood—I am positive I returned him the same piece I got from him, for it was never out of my sight.
Prisoner. Q. By what means do you know it to be the same? A. I had no other sovereign, and only two sixpences—I had nothing of that kind or colour about me.
MR. JOHN FIELD . I am inspector of coin to Her Majesty's Mint, and have been so many years. This half-sovereign first produced, is counterfeit—the first sovereign produced is counterfeit, and the second also, and both have been cast in the same mould—they are precisely alike in all respects.
Prisoner. Q. Why do you state that? A. I have examined them both very accurately, and I have no doubt whatever they were produced from the same mould—there is an identical mark about each sovereign—at the front of the neck there is a small projection which should not be in a good one, and if the Jury look at the other, and compare them together, they will find the same identical mark there—it is an Accidental mark in the mould itself—the two correspond exactly—there are several other things about them.
Prisoner. In the expectation of being found guilty, I hope to receive the mercy of the Court.
GUILTY . Aged 25.— Transported for Ten Years.
Before Mr. Justice Wightman.
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
MARY ANN WEBB . Iam a widow, and have lived with the prisoner as his wife for three years nearly; we lodged in Coventry-street, Bethnal-green; I have two children by him; one is dead, the other lived with us; we lived on very good terms; he was a sober man, and a porter at Billingsgate. On Thursday evening, the 27th of Nov., he came from work between seven and eight o'clock, and was very much in liquor—I was putting a blind up at the window, and saw him crossing the street—when he came into the room he said,
"You have been very industrious"—he then went down stairs—I followed him to the front room, which we lived in—he sat down, and asked me to cut him a slice of bread, which I did—he asked for some tea—I gave him some cold tea—he said he did not like it cold—I put the teapot by the fireside, and warmed it—while I was pouring it out he said, "Don't pour that out, unless you pour it out with a good heart"—I said, "How can I pour it out with a good heart?"—he took up the mugs, and immediately threw them under the grate—I picked them up, and took them into the kitchen—I was not gone half a minute—when I returned he was sitting at the table eating pig's maw, which he had brought home for himself—he asked me to take some of it—I said I did not want any, nor would I have any, it was a thing I never ate—the tea-things were on the table, and a table-knife—he was eating with a clasp-knife, which he uses for his work—I was standing about a yard from him—he rose up and made towards me—I did not see anything in his hand—it was momently done, and I felt something prick me like a pin in my stomach, on the left side—I went out into the street, and felt a lump rise where I felt the rick—it pained me a little—I went over to a neighbour's house, and when bad been there a few minutes, the prisoner came there, and brought Mr. Rolph, the surgeon, with him—I got home with the assistance of two persons—I felt faint; I could not walk myself—I took off my stays, and found a great protrusion—Mr. Rolph dressed it, and then took me to the London-hospital—I was there four weeks—the prisoner came to see me while he was out on bail.
Cross-examined by MR. DOANE. Q. I believe he came everyday? A. Yes, sometimes twice a day—he expressed great anxiety, and was sorry for what had occurred—he wrote me a letter expressing great regret—I believe him to be very sorry—we lived veiy comfortably together—I had two children by my first husband, and he was a most excellent father to them—he was fond of home, and never stopped out—I upbraided him for being intoxicated on this occasion.
COURT. Q. What did you say? A. I said, "You are worse for liquor," that is all.
JAMES ROLPH . I am assistant to Mr. Pearce, a surgeon, in Bethnal-green-road. The prisoner came to me on the evening of the 27th of Nov., and said he had stabbed his wife—he wished me to accompany him, and said he would not leave the house without me—on the way be expressed great regret, and appeared in a state of great mental excitement, apparently partially inebriated—I went with him, and found the prosecutrix at No. 3, and had her taken to her own house—her stays were taken off, and I found an incised wound on the left side of the abdomen, and a portion of the omentum protruding—I reduced it, and dressed the wound by ligatures—there was a very slight discharge of blood—there was blood on her stays, and a cut in them—when down stairs the prisoner handed me a clasp-knife from the table, and said, "This is the knife with which I stabbed her," and it was in consequence of her refusing to partake of pig's maw, which he had provided for her—I had sent for a policeman, and gave him the knife—I took the prosecutrix to the London-hospital.
JAMES SMITH AYERST . I was surgeon-dresser at the London-hospital. Mr. Rolph brought the prosecutrix there on the 27th of Nov.—I found an incised wound with a ligature, which I removed, and a part of the omentum protruded—I applied another ligature by direction of one of the assistant-surgeons—the wound might have been occasioned by a knife of this description—it was just below the last true rib—the cut in the stays corresponded with the wound—the knife had penetrated an inch and a half, as near as I
could judge, but the blade being the same width, it might have gone further—there was no blood from the wound when I examined it—I have discovered no symptom of internal bleeding—she remained at the hospital nearly a month.
Cross-examined. Q. Should not you have expected internal bleeding if it had gone an inch and a half? A. No, being a blunt knife, it would push the intestines back very likely.
COURT. Q. Was it a slight or dangerous wound? A. Dangerous, had inflammation come on, but it did not, and it went on very well.
WILLIAM LONG (police-constable K 77.) On the 27th of Nov. I was called to No. 3, College-street, and saw the prisoner standing at the door—I asked him what was the matter—he said, "Go up stairs and see"—I went up, and saw the prosecutrix on the bed, and Mr. Rolph by her side—he gave me the knife and stays, and, from what he said, I went down stairs and took the prisoner—on the way to the station he said, "I own I have done it, and am sorry for it; I did not intend to hurt her"—I and Mr. Rolph afterwards conveyed the prosecutrix to the hospital.
GUILTY of an Assault. Aged 44.— Confined Four Months.
Before Mr. Justice Erle.
MR. PAYNE conducted the Prosecution.
JULIA CONNELL . I was the wife of the deceased, Edmund Connell, and live in Cooper's-gardens, Kensington. On the 2nd of Nov., between eight and nine o'clock in the evening—I was with him in at the Coach and Horses public-house, Kensington—there was a raffle there—I saw the three prisoners there—White and Derman were there, they called for two pints of beer, and my husband called for another—Hogan asked my husband to let the beer go round—my husband said no he did not pay for the beer to have it go round—Hogan said, "No, you never come to a place to respect a person, except for beer or quarrelling"—my husband said he never had any of his beer, and he said, "I will take good care you never shall"—James Hogan said, "If you were within reach of my arm I would let you know"—my husband said he was there for him if he owed him any malice—my husband said, "I never saw an action of yours, but when you went with the Queen of Spain"—when my husband said "I am here for you," he did not put himself in a fighting attitude he merely stood up—I then went to Hogan and told him not to upset the company or kick up a bother—he up with his foot and kicked me in the side—I was hurt—I bent over and told him not to kick up a disturbance with the company, and when I turned round I saw the three prisoner all beating my husband with their fists—they pushed him forward with his back on the tap-room table—Ann Hogan had hold of his eyebrow in her teeth—the other prisoners were beating him in all parts that they could come at him—he was thrown off the table down by the fender—he was up and down four or five times, no sooner up than down—this lasted about twenty minutes—I am certain they were beating him all that time—he asked Roach for God's sake to take one of them off him, for he should be murdered—Roach took Barry off him—Barry then turned to my husband and beat him again, directly Roach let him go—I got my husband away—he said, "Come home, I am killed," and complained of hia side—he was very bad next morning, not able to work—he got another man to do his work—ho was able to walk to the police court, but not well—he wanted a buss to come back—he took to his bed on the Monday night and kept it till he died—he
lived seven weeks and two days—he never complained of his side before that night.
James Hogan. Q. Was not your husband the leader of a faction? A. No—he used to call out Ballyyhoola, which meant the place he came from—he and Sullivan had a few words on the Sunday week before, but no fight—I was not present—my husband never injured anybody—he did not go to work next day, he went to show his work—he went at seven o'clock and returned at twelve o'clock—I went with him to Hammersmith to get a summons for you—he was not drunk—I did not hear the chief clerk gay that he was—the Magistrate dismissed the case.
Barry. After leaving the public-house she and her husband went to the Marquis of Granby, kicking up a row there. Witness. We did not go there.
PATRICK ROACH . I live in Jennings-buildings, Kensington. I was at the Coach and Horses, on this Sunday night—I heard Connell and James Hogan disputing about beer—I do not know their words—when I got up from the table, Hogan and Connell, were both down, and Barry standing close by, but doing nothing then—I took Barry away towards the door, as Connell called tome not to see him murdered—Connell, Hogan, and Barry were teasing one another, quarrelling, but I did not see any hits, they were tearing each other—I pulled Barry away, he was doing nothing, but Connell said, "Take one of them off me"—he, Hogan, and Mrs. Hogan were there—I did not see Mrs. Hogan doing anything—whether they had done anything before I do not know—after I took Barry away, by persuasion of the people in the room, I let him go—he paced over and hit Connell—I saw his arm over his shoulder, but cannot say where he hit him—they were three or four feet from the table, Connell was not nearer the table than that to my knowledge—I was in the room all the time—I saw Mrs. Hogan there—I did not see anything the matter with, the deceased's eyebrow.
James Hogan. Q. How often has the deceased fought to your knowledge? A. I never saw him fight but once—I did not see him fight with Sullivan—I never said the beating he got would not hurt a boy—I did not see him struck down—I saw you both down together—I did not see him forced back on the table.
JOHN WHITE . I live in Tidd's-place, Kensington. I was at the public-house—Connell came in and put 1s. into a plate, as there was a gathering among the labourers—Mrs. Connell put another 1s. in, and they sat down at the table—I asked Connell to drink—he drank out of the pot, and put it back—I called for a pot myself, and paid for it—another pot was called for—Hogan came in and sat down at another table and said, "Is there any beer been round there"—Connell said, "Yes, three pots; if you want any call for it; and pay for it yourself—he and Hogan then began talking about the beer, and the two rose up and hit one another—I do not know which struck first—while they were fighting Barry hit Connell as well—he struck him more than once—I cannot say how many times—I saw Hogan and Connell fall down together close to the fire-place—they got up again, hit, and fell again—I heard Connell say, "Roach, take some of these off me; I cannot fight three; I am half dead"—Roach took hold of Barry and took him to the tap-room door—somebody told Roach to let him go, which he did—he ran on Connell again and hit him several times—I did not see Mrs. Hogan strike him—the two women kicked up a row among themselves—Connell was taken away by his wife.
James Hogan. Q. What was I doing for the man the collection was made for? A. Writing down the names, before Connell came in—Mrs. Connell and your wife were fighting while the row was going on—I saw you pay for beer before Connell came in—you went out, and when you returned you said, "Shove the beer round"—Connell said, "You must pay for beer if you have it"—you
said you did not want to kick up a row about a drink of beer—I did not see anybody kick him.
MARY ROACH . I was at the Coach and Horses. Connell was down against the fire-place when I went in—I saw the three prisoners there, but cannot say where they were then—Connell stood up and fell down again—I did not see him hit down—he stood up, and Hogan was making towards him, and I caught hold of Hogan by the body.
James Hogan. Q. When Connell got up where was I standing? A. Against the table—I was not there at first—I only went in to see the row—I did not see him with his back upon the table.
THOMAS MADDEN . I am relieving-officer of St. Mary Abbotts, Kensington. On the 20th of Nov., between six and seven o'clock in the evening, I went to Connell's house, and he made a statement to me—I made inquiries of him, and he signed a paper—he said he was sinking fast, and fancied he could not live, and wished the prisoners to be taken—that was all he said about himselt—he appeared very ill—he said he had seen his priest several times.
JOHN BELGRAVE GUAZZARONI . I live at the terrace, Kensington, and am a surgeon. On the 4th of Nov. I was called to see the deceased at his house—he complained of his chest, and pain in his side, and difficult breathing, and a cough—I found two or more ribs fractured on the left side of the cheat—I treated him for fractured ribs—I removed the bandage in about ten days, and found a large pulsating tumour—it turned out to be an abscess, which continued till he died, on the 23rd of Dec.—I consider the abscess was caused by the fracture—I should not think that on the 20th of Nov. he was of opimon that he was immediately about to die—he could not have worked for a week in the state he was in when 1 first saw him—I should say the fractures were caused by coming in contact with some hard substance—it was a compound fracture—being struck when his back was on a table might break the ribs, or if pushed violently against a sharp edge of the table, or against a fender.
James Hogan. Q. Were there any external marks of violence upon the body? A. None whatever—if kicked upon the ribs it would probably produce external marks—you have two marks upon your finger—they are such as a bite would account for.
COURT. Q. If there had been any external violence on the 4th could you have observed it? A. Yes—I confined my attention to the parts he complained of—I observed a slight scratch over one of his eyebrows.
JAMES CLARK (police-sergeant.) On the 12th of Nov. I took the prisoners in charge—they were remanded from time to time till the 18th, when Connell appeared better, and they were bailed till the 1st of Jan.—in the meantime I apprehended them again.
James Hogan. Q. At the last examination at the police-court did not the clerk tell the Magistrate that Connell came in a state of intoxication to take out the summons? A. I did not hear it—you came up whenever you were required, and were out upon your own recognizances—you had witnesses before the Magistrate, and he desired me to warn them to be here, which I did.
James Hogan's Defence. Connell and his wife went to the Magistrate to get a warrant, and the Magistrate dismissed the case; he told Mrs. Connell her husband was liable to suffer for the state my hand was in, having made two incisions with a bite; I was discharged, and no more would have occurred had we not had words on the road together; a week or two after the sergeant said he wanted me at the station; I gave myself up, and was remanded, they allowing me to go out on my own recognizances; when the deceased died, I went directly they wanted me; I can prove that after the row happened the deceased and his wife went to another public-house, and
had words there; he went to work, the next day; on their way home, as they passed whore I live, they called out to me to come down and have it out again; Sullivan has stood sponsor for one of my children—we had a gathering for a man who wished to send his sick child to Ireland, and I was at the public-house writing down the names of the people who gave money; as the room was hot, Barry and I walked out; I had previously paid for two pots of beer; when we came back I went to see if any more names were down; the women said, "Where is the beer which you paid for?" I said, "It is over there; shove round the beer;" Connell said, "Shove round your own, you b----y thing;" I said, "You never can do a good act, and always come in and out to kick up rows and quarrels;" he said, "If you say that again I will smash your eye;" I said, "Don't quarrel for a pot of beer; if that is what you want, I will pay for it;" I turned round, and the woman seized hold of my arm, and said, "Look at Connell and Barry;" I saw Connell on his back, and this man striking Barry; I said, "Oh, you rogue, Connell, you act like a cowardly rascal:" well, I got him up, and he struck out at me, and struck, ne in the jaw; we closed and fell together; it was not two minutes before, a relative of mine caught hold of my arm, and Washbourne and I went put into the street; the Coroner's Jury have decided that they could not find evidence how Connell came by bis death, and there is the same evidence before the Court.
EDWARD TAYLOR . I recollect the night of the row—I saw Connell in the Marquis public-house with another party drinking—I had not been to the Coach and Horses—when I saw him at the Marquis I had not heard there was a row at the Coach and Horses—I heard of it afterwards—it was about eight o'clock to the best of my knowledge that I first saw him at the Marquis—he was kicking up a row there—he went away from there towards the Coach and Horses—I went home and had supper, and came back to the Marquis about half-past nine or ten o'clock, and he was there then until the house was shut up, talking and drinking—he did not seem hurt at all—he did not complain of hit side—I heard him say nothing, but that he had been in a row—he was kicking up a row at the Marquis about who should pay for some beer—there were no blows, only a few words—I cannot tell whether Mrs. Connell was along with him, for the house was full of people—there were about forty in the room, all neighbours from one court—I worked with Connell—he went to work next day after breakfast, and at dinner time we had four pots of beer between him and me and two others—our work was getting out foundations for houses—he then said he should go to Hammersmith and take out a warrant—I was not working with him—I was working in a cellar, and could not tell what he was doing, but he was on the work—he used to fight very often, almost every time he got tipsy—I cannot tell how often that was.
MR. PAYNE. Q. How near did you live to Connell? A. Within two hundred yards—he did no work after dinner on Monday till he died—to the best of my knowledge he had done his work all the previous week—he never told me there was anything the matter with him until he took to his house, and staid there till he died—I was not close enough to him on the Monday to see whether he worked that day, but he was on the works till dinner time.
HARRIET TAYLOR . I went with my husband's dinner on the Monday—Connell was then on his work, and he had a potato and a bit of meat with me—he asked me if my sister (Mrs. Hogan) was going to Hammersmith to take out a warrant for him—I said I did not know—he said if my sister would not take out a warrant he would not take one, and he put on his jacket and went off.
MR. PAYNE. Q. Did you hear him tell your husband after dinner that
he should go to take out a warrant? A. Yes, and he went away—there were four men there, and they had four pots of beer—Connell did not go to the police-court till about an hour after dinner—I cannot say whether he worked at all after that Monday.
HENRY WATCHORN . I keep the Coach and Horses, in High-street, Kensington. I saw the latter part of this row—I was informed by one of my servants that there was a noise in the tap-room—I came from another part of the house to see about it—when I entered the room I saw Connell and his wife and Hogan and his wife in a severe scuffle, in the middle of the room—the two women's caps were off, and their hair falling about their necks—I desired them to quit the place—I saw no blows struck—Barry was in the room, but was not engaged in that scuffle—the four had hold of each other by parts of their dresses—I desired them to quit the place, and James Hogan, I believe, was the first that went out—Connell and his wife were the next—I followed them out to see them safe out of the door, and returned to make Ann Hogan leave the room—she begged of me to let her remain and adjust her hair and put her cap on, saying, at the same time, that Connell had caused the row—he was not there at that time—I made them all go out—Connell has kicked up rows in my house a great many times—he was the cause of a great many rows about the beginning of Aug. last—my pot-man is not here—there was some dispute about who was to pay him for coming—he was requested to come and refused—I believe he saw the beginning of it all.
MR. PAYNE. Q. How long have you kept the house? A. Three years and a quarter—I did not see Roach interfering with Barry, or pulling him away—the meeting that night was a gathering for a poor man—it is a very common thing among the Irish—I should say it was not a raffle—it was a collection for a poor man—there was no raffle, to my knowledge—I should say it could not have happened without my knowledge—it is a room I seldom go into unless there is a disturbance—I suppose there were thirty people in the room when I went in—the largest part of them went away.
Hogan. Harley, the material witness, is kept back, I not being able to pay him to subpœna him. Witness. Harley is in my employ, and was in attendance in that room.
NOT GUILTY .
Before Mr. Justice Wightman.
MR. PARRY conducted the Prosecution.
WILLIAM JUDSON GRINSELL . I keep an eating-house and beer-shop at No. 123, Lower Thames-street. I have known the prisoner twenty-five years—about June last he was indebted to me about 5l.—in June he came to me with this bill, and said if I would discount it he would pay me the whole account, if I would give him the difference—I have known Mr. Morgan, of Stafford, twenty-six years—it purports to be accepted by him—I know him to be a respectable man—he is a stationer at Stafford, and was formerly the post-master—I took the bill, and gave the prisoner altogether 11l.—I gave him about 5l., and there had been money previously lent—the bill was dishonoured
when due—the prisoner called on me about ten or eleven o'clock on the day it was due—I said, "Ryley, is that bill paid?"—he said, "It will be before banking hours," that there had been some disappointment with the party the money was to come up with, but he assured me it would be all right in the afternoon—I saw him again two or three days after, and said, "Ryley, this bill is not paid"—he said, "No, it is not"—I said, "It strikes me very forcibly there is something wrong about it"—he said, "No, there is not"—I said, "Well, I know Mr. Morgan, of Stafford, to be a respectable man, if you do not pay it I shall write to him"—he said, if I did he was a ruined man—I then said, "This is not Mr. Morgan's acceptance"—the prisoner said if I did write to Mr. Morgan the sooner he put himself in the Thames the better—I then said, "Is it your's?"—he made no answer—I afterwards gave him in charge for forging the acceptance—to the best of my belief the body of the bill is not in Mr. Morgan's handwriting—to the best of my belief it is the prisoner's, and the acceptance also—I speak to the best of my belief—I will not swear it is his handwriting—I have not known Mr. Morgan's handwriting recently—I have seen him write several times—I believe both the body of the bill and the acceptance to be the handwriting of the prisoner—I believe they are not Mr. Morgan's writing.
Cross-examined by MR. CLARKSON. Q. How long have you kept the beer-shop? A. Eighteen months—I have known Mr. Morgan's handwriting twenty-six years—it is twenty-two years since I left Stafford—knowing Mr. Morgan so many years, and the prisoner too, I did not have that discretion which I should—Mr. Jervis is my attorney in this prosecution—he has not received any money on account of this bill, to my knowledge—I know nothing about it—the prisoner was under examination on this charge, from Sept. to Dec.—it was adjourned from time to time—I never heard Mr. Jervis say that if the prisoner brought 25l. on account of the bill and expenses, there was an end of it; nor did I say in answer, "That is what ought to be done"—I did not hear Mr. Jervis say, if the money was paid, the prisoner should be discharged, but they would keep him until the money was paid—I never knew from Mr. Jervis that he had received five several sums from the prisoner's friends, amounting to 25l.—I never knew he had received a farthing—I never was told so, and know nothing about any such transaction—the prisoner owed me between 5l. and 6l. for dinners and cash, between two and three years—he has had the account several times—the old account was between 5l. and 6l.—the rest was recently, since I have been in Thames-street, for dinners and cash, it was between 10l. and 11l. together—between 5l. and 6l. the original account, and the other about 4l. or 5l.—I do not know that the arrangement about postponement from time to time was to enable the defendant or his friends to procure the money for the bill.
MR. PARRT. Q. He was remanded from time to time, was that on account of the absence of Mr. Morgan? A. It was—I had a certificate of his illness from Mr. Hughes, a surgeon of Stafford.
COURT. Q. The account against the prisoner was an old debt of 5l. or 6l., and 4l. or 5l. for a new account? A. Yes—I gave him 5l. in money—that made 15l. or 16l.—he had the balance to make the bill, 16l. 7s. 7d.
GEORGE ELLIOTT (City police-constable, No. 576.) I took the prisoner into custody. On the way to the station, he said to me, he hoped they would not press the charge, if they did, he was a ruined man.
Cross-examined. Q. When did you last see Mr. Jervis? A. quarter of an hour or twenty minutes ago—he knew this case was on the list. Henry Zachariah Jervis was called on his recognizances, and did not appear.
NOT GUILTY .
OLD COURT.—Friday, January 9th, 1846.
First Jury, before Mr. Recorder.
378. FREDERICK JETTY was indicted for feloniously breaking and entering the dwelling-house of Charles Rice, on the 29th of Dec., at St. Matthew, Bethnal-green, and stealing therein 60 pence, 120 halfpence, 2 farthings, and 1 foreign copper coin, his monies.
CHARLES PRINCE . I am a greengrocer, and live in Turk-street, Bethnalgreen. I occupy the ground-floor—the owner of the house does not live in it—I have it to myself. On the 29th of Dec., about six o'clock in the evening, I fastened my window, locked my room door, and took my key with me—I returned between eight and nine, and found a square of glass broken, and the window opened, and when I went in, I found the till pulled out, and about 10s. in halfpence gone—the window looks into the yard, at the back of the house—the taking out of the piece of glass would enable a person to introduce his arm to open that window—I had a farthing among the money that I can recognise—it is battered up at the edges, which are higher than the middle of it—I know the prisoner—I had seen him at my house that evening, before I went out—after discovering the robbery I had a constable to look over the place, and whilst he was doing so, the prisoner walked in—he asked me what all this bother was about—I said, "You are just the chap I want," and I directly gave him in charge on suspicion, with a lad who he said he was in company with the whole evening—that lad was afterwards discharged.
EDWARD PRINCE . I am the prosecutor's brother, and am a willow-weaver, and live in Virginia-row, Bethnal-green. On Sunday night, the 28th of Dec., I was assisting my brother at his shop, and noticed a farthing in his till, of the reign of George II—I took it up, looked at it, and made an observation to my brother about it—I then put it back into the till—when the prisoner was given into custody, near the station door, I saw him drop this had farthing—it is an old battered piece of coin—I picked it up—this other coin is the farthing which I had seen in the till.
WILLIAM SEAL . On Monday, the 29th of Dec, I saw the prisoner—he asked me to take a walk with him to the play—I said I had some work that would last me about an hour—I went out about three quarters of an hour afterwards, and passed Mr. Prince's door—it was between five and six—the front window-shutters were shut—I saw a light at the back when I went up the court—I saw the prosecutor's window half open, and the curtains blowing out—I went to the top of the court, and made an alarm—I did not find anybody near the spot—I saw the prisoner about three quarters of an hour after, about twenty yards from Prince's—he said, "Will you come to the play now?"—I said, "Yes"—I told him that Prince's had been broken open—we went to the play, and when we came back again, he went in and asked Mr. Prince what was amiss—the prisoner lent mo 1s. in copper, as I had no money to pay for myself at the play.
SAMUEL EGERTON (police-constable H 193.) I was fetched to Mr. Prince's house—while there, the prisoner came, at twelve o'clock at night, and Mr. Prince gave him into custody on suspicion—he said he had not a farthing about him—I searched him, and found nothing—I took him to the station, and there searched him, and in a kind of pocket or bag, hanging round his neck, and concealed between the legs of his trowsers, I found 3s. 1d. in copper—there was one bad 1d. piece, two bad halfpence, and two farthings, which I produce—one of the farthings is of the reign of George II—the prisoner said the money was his own.
CHARLES PRINCE re-examined. This is the farthing I spoke of—I told the officer before the prisoner was taken, that I had a few bad coins in the till, but I could not explain rightly what they were, no more I can—I cannot speak to the George II farthing—I can to this.
Prisoner's Defence. I am in the habit of taking a great many halfpence, and I think I took these farthings of Mr. Prince; I buy a good deal of fruit there—I was there all day on Sunday, and almost all day on Monday.
CHARLES PRINCE (re-examined.) I never paid the battered farthing or the George II farthing to the prisoner—he did not lay out a farthing all day, Monday, for he said he had no money, and I gave him some dinner, because I thought he was hungry—I have known him a long time, as long as I have known myself—he was sitting by the fire at my place that evening—I do not recollect his buying anything all day, Sunday—I know I gave him no change all day myself.
Prisoner. I bought some Brazil nuts of Mrs. Prince the first thing that morning; my mother can prove I was at home at the time Mr. Prince says I was in his place; I have witnesses to prove I spent 8d., and bad two bottles of ginger-beer, at 2d.
GUILTY. Aged 17.—Recommended to mercy. — Confined Four Months.
Before Mr. Justice Wightman.
379. DENNIS SHINE was indicted for feloniously assaulting John Monaghan, on the 26th of Dec., and wounding him on the head, with intent to do him some grievous bodily harm:—2ND COUNT, to resist his lawful apprehension and detainer.
MESSRS. PAYNE and LAURIE conducted the Prosecution.
ARTHUR LEETE . I am landlord of the Old Bell public-house, in Friday-street—on Friday evening, the 20th of Dec., I recollect the prisoner coming to my house—I was up stairs attending to my customers at the time I heard a noise take place—it was a little after seven o'clock—I came down stairs, and saw the prisoner and another man wrestling together—I went between them to stop the disturbance—my waiter afterwards came and interfered—he told mo to get inside the bar, and he would see after that—the prisoner immediately struck the waiter, knocked him down, and jumped on him—he was pulled off, I believe, by the hair of his head, by the waiter's wife, who happened to be there that night—he immediately ran into the tap-room and swung the poker round the room—there were three or four persons sitting quietly in the room—whether it was done intentionally or not I do not know, but he struck the poker against the window, and struck a person, and knocked him down—the persons in the tap-room all ran out, and "Murder" was called—I afterwards called in the assistance of the police—they would not come in at first, and I went to Bow-lane station for further assistance—there was a reinforcement obtained, and when I came back, the prisoner was in the second floor of my house, in a private room—the door was opened, and he had got another poker, or the fire-irons in some shape or other, in his hands, flourishing about, and threatening any one that dared to touch him—he struck a policeman—he broke some of the furniture—three mahogany chairs were broken, I suppose by him—he put some chairs against the door.
Cross-examincd by MR. CLARKSON. Q. Is your wife here? A. No, she has not been endeavoured to be subpœnaed—I have not put her out of the
way—she is at home now—the person the prisoner was scuffling with was Jacques, a carman—I have not heard of his going by the name of the bully—he was not before the Magistrate, nor did he state that the prisoner had been ill used—I do not know whether he is here—I did not see the beginning of the row, nor hear anything about beer spoken of—all that was called for was a glass of gin and water up stairs, where I was—what took place at the bar I do not know—I do not think the prisoner was at all the worse for liquor—he has lodged three times in my house since I have been there, and had lodged there six weeks—he was not lodging there at this time—he came in casually—I cannot exactly say the time he came in—he went up stairs with me—I did not see him go up stairs in the first instance—I did not see him go up stairs accompanied by my wife—there were six or seven policemen there when he was shut up in the room—before anything was done to the police the charge was given of striking Charles Young, and likewise jumping on him, and knocking a man down with a poker—I believe the police saw part of the transaction—the doors were wide open—it created a great disturbance outside—the waiter was knocked down in the passage—I did not see how much hair the waiter's wife pulled out of the prisoner's head—I cannot name any policeman that saw any part of the transaction for which he was given in charge—I do not know their names, neither did I take their numbers—the door of the room in which he was, was open in the first instance, when the police came—he shut it afterwards, and placed the chairs against it—the police broke the door open—they were full a quarter of an hour giving good advice for him to give himself up—I do not consider he was affected by liquor.
CHARLES YOUNG . I was waiter at the Old Bell, in Friday-street, on the 26th of Dec.—the prisoner came about a quarter to seven o'clock that evening—he went into the first floor, and had a glass of gin and water—to my judgment he was quite sober when he came in—my attention was afterwards called to the front of the bar, where the prisoner had a man, a carman, by his handkerchief, half strangling him—he was punching him with one hand, and holding him by the handkerchief with the other—my master was going in between them—I thought he was a feeble man, and I put him away, and said, "Master, let me go in and protect the house"—I went in between them, and made the prisoner leave go of the man's handkerchief, and as soon as I had done so he caught hold of me, threw me down, and jumped on me, both on my ribs and on my-face—it hurt me very much indeed—I called for the police when I got up—if it had not been for my wife I believe he would have killed me—she dragged him from me by the hair of his head—the police came, after Mr. Leete went out for them.
Cross-examined. Q. You were the waiter? A. I was, but I left last Thursday week: not on account of this transaction, but the place did not suit me—on account of the injuries I received in the house I would not stop any longer; in fact, I did not wish to go into the line any more—this happened on boxing-hight—I saw the beginning of it in front of the bar—the beginning was what I have stated, the prisoner strangling the man—Mrs. Leete was in front of the bar, or behind the bar—I cannot say whether she saw the beginning of it or not; I was in the tap-room at the time, engaged in my business—the prisoner was not drunk, not at all the worse for liquor; he was middling sober.
GEORGE MARTIN . I am a porter in the employ of Messrs. Robinson, in Bread-street. I was at the Old Bell on Friday evening, the 26th of Dec.—I saw the prisoner there talking to a man at the bar, they were wrangling together about wrestling, and the prisoner made no more to do but caught
hold of the man by the throat, by the neckerchief—the landlord came, and then the waiter, he turned round and struck the waiter, knocked him down, and jumped on his face in the passage.
Cross-examined. Q. You did not see the beginning of it? A. Yes, I did—I did not notice any beer and spirits between him and the other man—I cannot say there was or was not, there was such a bother at the time—I cannot swear how many persons there were there—the police were not there at the time of the first wrangling; they came about a quarter of an hour afterwards—I did not see Mrs. Leete take the prisoner up stairs.
BENJAMIN WILKERSON . I am a porter, and lodge at No. 11, St. Peter's-lane. On the 26th of Dec. I was at the Old Bell, in Friday-street, about a quarter to seven o'clock—I saw the prisoner there—he was kicking up a great disturbance opposite the bar—he came into the tap-room—I was sitting on the left-hand side—he took the poker up in his two bands, and twisted it round, hit me with it, and cut my check—he first hit it against the wainscot at the side of the mantelpiece, then the poker hit me, cut my check open, and knocked me under the tap room-table—I did not say a word to him—this is the place—it made it bleed very much indeed—I was taken to the hospital.
Cross-examined. Q. Have you not always stated that the mode in which you received the injury was, that this man was waving the poker, threatening to clear the room, that it struck against the wall, and rebounded from the wall on your face? A. Yes.
JOSIAH WEBB (City police-constable. No. 444.) I was on duty at the Bow-lane station on the 26th of Dec. last, and, in consequence of some information I received, I went to the Old Bell public-house—when I got there I went up stairs to the second floor, and the prisoner was shut up in a room—I shoved the door open, and wished him to give himself up quietly, and go with me to the station—he had in his hand this handle of the fire-shovel, and said he would kill the first b----policeman that offered to take him, or came into the room—I then went back to the station for further assistance—I got Leonard, Bailey, Howard, and Monaghan—we waited, from first to last, half an hour—after a time, Monaghan went into the room, and the prisoner struck him with the fire-shovel handle—the first blow caught him on the eye, and the second blow on the back of the head—we then all rushed in and secured the prisoner—Monaghan was injured.
Cross-examined. Q. Who came down to your place? A. The landlord—he brought a verbal message; he said he wished the assistance of the police, that there was a man in there that had knocked the waiter and a great many people about—I went, and found the prisoner shut up in the second floor room—I shoved the door open, and he defied me coming in—I wished him to give himself up, and he refused—he was excited, not drunk—he was sober at the station, and I thought him sober then—he was in a violent passion, I could see by his appearance, and the manner in which he acted—he appeared as if he had been engaged in a struggle with a person—his waistcoat was off, and he had no hat on—I did not see his clothes torn—they were not at that time, because he had not got all his clothes on—I do not know whether his shirt was torn; I did not notice it—the spoon of the shovel was broken off when I saw it in his hand—we waited half an hour for his excitement to subside—it was about a quarter or twenty minutes to eight when he was taken to the station—I know Jacques, the carman—I saw him somewhere about that night; I do not know whether it was in or out of the house—I did not learn from him that he had begun the row with the prisoner—he did not assault any of the police till they attempted to take him into custody—he had shut himself up in the room.
MR. PAYNE. Q. Did you go near enough for him to assault you? A. Not at first.
JOHN LEONARD (City police-constable, No. 496.) I was called by Webb to assist him—I went to the Old Bell, went up stairs and saw the prisoner in a back room there, on the second floor—he had this fire-shovel in his hand (producing it broken in three pieces)—it was whole when I first saw it in his hand, the shovel part was on—I afterwards saw it with the shovel part broken off—that was when the panel of the door was broken—the door was open a little when we first came, and he put it to again—when I looked through I saw the shovel whole in his hand—he struck the door inside and we pulled part of the panel away—I looked through and the shovel part was then gone—he tad the handle in both his hands—I told him he had. better put down the poker (as we called it) and give himself up—he was told that several times—he said he would knock the first man's head off that came in—and the first b—y policeman that came in he would kill, or break his head, or something to that effect—he said so several times—it was about a quarter of an hour after I got there, before any policeman entered the room—we waited till the arrival of the other policemen, after he had said this, which was in a very few minutes—the door was then shut but the panel broken—we did not attempt to get in—Monaghan, Howard, and others came up stairs, and Monaghan went in first—he pushed the door—it was not locked—there was a chair, or chairs behind the door, I believe something was placed behind and against the door—Monaghan went in followed by me, Howard, Bailey, and a young man named Sharp—as soon as Monaghan got inside the door, and before we. could get in he got a blow on the hand and on the eye—I saw him receive it—he put up his hand and received it on his arm or hand, and it struck his eye also, and he received a second blow on the side or back part of the head, with this handle of the fireshovel—we then rushed in—Monaghan staggered when he received the second blow—the rush from behind knocked the prisoner on his back on a sofa, and Monaghan fell down by the prisoner—the rush pushed the prisoner on the soft—I think Monaghan fell from the effects of the blow—he fell partly on the sofa and partly on the ground—his shoulder was on the sofa—I cannot be positive whether he fell on the sofa from the rush behind, or from the effects of the blow, but I believe it was from the effects of the blow, because I saw him hold his head on one side—this handle was broken by the second blow that Monaghan received on the back of the head—he had his bat on at the time—the prisoner was then taken to the station.
Cross-examined. Q. Has not your recollection very much improved since you were before the Magistrate? A. I am not aware of it—the first time I saw the prisoner he had not part of the fire-shovel in his hand, it was whole—there might be seven or eight policemen there, or more when the reinforcement came—there were three at first—I did not send for the others—they were sent for and there might be four or five came, I cannot say exactly—we had our truncheons out—when the prisoner got up from the sofa his eye was not swollen as big as an egg—that was done through the panel of the door by Howard—he pushed his truncheon through the door panel which the prisoner had cracked—we pulled part of it out—I saw Howard do it—I believe it was done purposely—I cannot say—four of us had our truncheons—I had no truncheon—I saw no one strike him—I will swear every one of us did not strike him—I did not strike him—I had not my truncheon in my hand when I went in—it was in my pocket—I had had it out before then, for the purpose of defending myself against the prisoner, or what he said he would do—I saw nobody strike him but Howard, and I saw no other mark of a blow on him—he
was not knocked down at all, till the rush came from the police—there were a number of persons in the house at the time—Mr. Sharp is here.
JOHN MONAGHAN (City police-constable, No. 541.) On the evening of the 26th of Dec. I was sent for to go to the Old Bell—I went to the second floor and saw the prisoner standing inside the room with the handle of the fireshovel in his hand—I could see him through the panel of the door, which was broken when I went there—there were five or six policemen there—I told the prisoner he had better give himself up quietly and come out—he said he never would till he killed the first policeman that entered—he said he never would, and he would kill the first policeman that entered the room, he would never give himself up—I forced the door open, and directly I went in he struck me with the handle of the fire-shovel, across the arm and on the eye—he held it in his two hands—he then drew another blow and struck me across the left side of the head—I then laid hold of him round the arms, and grasped with him till I managed to get him down—he then said he would submit, he would give himself up—my brother officers secured him and took him to the station-house—I did not strike him nor see any of the others strike him—I was taken to a surgeon's and am still on the sick list, from the wound on the head.
Cross-examined. Q. Had you got your truncheon drawn? A. Yes, and so had all—the prisoner's eye was swollen—I do not know how that happened—he did not attempt to do anything till I forced my way into the loom.
WILLIAM HOWARD (City police-constable, No. 567.) I was sent for to the Old Bell, on the 20th of Dec, and got there about a quarter of an hour or twenty minutes past seven o'clock—when I got up stairs I saw the prisoner through the broken panel, inside the room—the panel was broken when I came—I reasoned with him, and persuaded him to give himself up—he refused to do so, and said that he would knock the first b—policeman's head off that dared to enter the room, if he was hung tomorrow morning—I waited there some minutes, and Monaghan came up stairs—he and I forced the door open, after asking him whether he would give himself up and be refusing as before—Monaghan received a severe blow on the eye with the handle of the fire-shovel—I was close behind him, and I received a blow on my hat which burnt my hat, which I produce—I immediately struck the prisoner on the top of the head with my truncheon—there was a rush behind directly, and the prisoner and Monaghan fell—I fell on the prisoner, and took the part of the fire-shovel handle out of his hand, and threw it on one side—the prisoner was then taken into custody.
Cross-examined. Q. Did the prisoner fall from the blow on the head which you gave him? A. I should think it most likely he did—I struck him as hard as I was able, on the bare head—several constables were present—I cannot say whether they saw me or not—Monaghan was in front of me, close in on the prisoner, with his arms round him—Leonard might have seen roe—I cannot say—they were all close by—I should say the prisoner was too strong to be overpowered by one man—I should think he was overpowered by the blow I gave him on the head—I did not hear him say he would submit.
ROBERT SHARP . I am a packing-case maker, and live in Little Trinity-lane. I was in the Old Bell public-house on the evening of the 26th of Dec.—I heard a disturbance—the police were sent for—I went up with them—I saw Monaghan struck by the prisoner with the handle of the shovel—I assisted in picking him up, and I received a severe blow in the right eye from the prisoner when he was down, with his toot—Monaghan fell on his side—the prisoner fell at the same time.
WILLIAM MAY . I am a surgeon, and live in Bow-lane. Monaghan was brought to me on the evening of the 26th of Dec.—he had received a contused wound on the upper part of the head—it was a severe blow—it was through to the bone—he had also received a blow on the left eye, a little scratch—his eye was swollen and the skin scratched—I dressed his wounds, and desired him to be taken home and kept quiet for the night—I knew he would be placed under Mr. Child next morning.
Cross-examined. Q. What did you do for him? A. I dressed his head with strapping—I drew the edges of the skin together—there was, perhaps, a quarter of an inch between the skin and the bone—it was a dangerous wound—the skull was not fractured—there was danger if inflammation had ensued, then suppuration would have followed, he might have felt fever, and erysipelas might have ensued, and then death might have followed—all those circumstances must have occurred before there would have been danger—there is a chance of such things under the best of treatment—not exactly a remote chance—from a severe blow of that description it was very likely to occur—I did not look at the prisoner's head—I never saw him till he was at the Mansion-house.
GEORGE BAWLACE CHILD . I am surgeon to the City police force, and live in Fore-street, Cripplegate, I have attended Monaghan since the 27th—I then found him labouring under the effect of some injuries he had sustained the night before—he had an incised wound on the upper part of the left side of the head—also a severe contusion of the eye, and the left fore-arm was very much bruised—the wound on the head was about half an inch in extent—it is impossible to say what such a wound might read to—it was not a severe wound under ordinary circumstances—vary inconsiderable wounds may, under some circumstances, produce very serious effects—the man being in a good state of health, in all probability the wound would have healed kindly—he bat been labouring under symptoms of slight concussion of the brain since—he is on the sick list at present—the functions of the brain are impaired, and he suffers from occasional loss of vision.
Cross-examined. Q. I suppose you mean that he received a shaking? A. Certainly—a man night receive a concussion of the brain from a fall—I do not believe that if the man had been struck on the back of the head as hard as he could with this instrument it must necessarily have fractured his skull; not in the position he was struck—police hats are generally very thick.
MR. PAYNE. Q. Might not a man also have slight concussion of the brain from a a blow? A. Certainly.
GUILTY of an Assault. Aged 21.— Confined Eighteen Months.
Before Mr. Justice Erle.
380. WILLIAM BREESON, EDWARD CUNNINGHAM , and THOMAS EMMERSON , were indicted for burglariously breaking and entering the dwelling-house of Richard Stone, about two in the night of the 2nd Jan., at St. Paul, Shadwell, with intent to steal and stealing therein 1 coat, value 14s.; 1 telescope, 8s.; 1 umbrella, 1s. 6d.; llb. tobacco, 4s.; 1 bottle, 1s.; 1 quart of peppermint, 2s.; 1 pair of boots, 6s.; 6 metal cocks, 7s.; and lib. beef, 6d.; his goods: and 1 jacket, 5s.; 1 cap, 1s.; 1 bag, 1d.; and 2s. cigars, 2s.; the goods of John Turner.
MR. WILDE conducted the Prosecution.
RICHARD STONE . I keep the Ship public-house in Farmer-street, Shadwell. On Friday night, the 2nd Jan., I retired to rest at eleven o'clock—previous to my doing so I secured the doors myself—between five and six
next morning, I was aroused by the policemen knocking at the door—I looked out of my window, and they said I had better come down and see whether all was right, because they had just taken two chaps to the station-house—I came down, and saw my bar broken open—I opened the front-door, and let the policeman in—he and I went into the bar, and I missed a great coat, a spy-glass, a pair of boots, six braes taps, and a show bottle, which I had left there containing peppermint, two or three pieces of brass, and a pound of tobacco—I went to a back, place and saw a chest broken open, belonging to a sailor who was lodging with me—when he came in the morning I told him of it, and he missed some things—I went into the back kitchen, and saw the shutters taken down and the window opened where the thieves had entered—the back shutters I had secured at eleven o'clock at night by two small bolts.
JOHN GILBERT (police-constable K 205.) On Saturday morning, the 3rd Jan., I was on duty in Cow-lane, about forty or fifty yards from the Ship public-house—while there I heard a whisparing over a wall, which induced me to watch—shortly after I heard a rustling, like the getting over a fence, and I heard some one say, "Be careful, don't break the glass"—I listened still till they appeared to come into a shed on the other side of the wall—I went and fetched some other constables—the yard belongs to the prisoner Breeson's father—I got up on the fence, turned my light on, and saw the prisoner Breeson come from behind a cart in the shed—I jumped over the fence to see who it was—he said, "It is all right, master; I sleep here; there is no one here but myself"—I took hold jf him, and handed him into the custody of a constable—I then searched further, and found the prisoner, Cunningham, sitting in one of the swing-boats they use at fairs, with his arm leaning on a peppermint show-bottle—he said, "It is all right, sir; I am just come in; I sleep here with Breeaon"—after placing him in the custody of another constable, I went behind the cart that Breeson came from, and there I discovered this coat, in the pockets of which were these six brass taps, a parcel of tobacco, and some pieces of old brass; and close to the coat I found ibis small dark-lantern.
Cross-examined by MR. HORRY. Q. You know the shed belongs to Breeson's father? A. Yes, he told me so himself—his father told me they were not on very good terms—I do not know of his being in the habit of going out of his father's house sometimes and sleeping in the yard—I never saw him sleeping in the yard—they roust have crossed Cow-lane, or some other lane, to get to this yard from the Ship public-house—there is a fence on one side where I heard them, no doubt, coming over—Breeson's house is in Elbow-lane, very little distance from the shed—I found a shooting-jacket, or coat, lying behind the cart Breeson came from—he disowned the coat—he had no coat on when he came from there—he was in his shirt sleeves—I found no other jacket—the great coat was under another cart—I found that afterwards—I do not know where Breeson got the coat from he has on now—I took him to the station-house in his shirt sleeves—the moment I put my light on he came forward—it was about four o'clock in the morning—the cart was about a yard from the wall, and the swinging-boat in which I found Cunningham about two yards further down—the front of the shed is entirely open, and the wall forms the back of it.
MR. WILDE. Q. Did you observe the shutters of Mr. Stone's house? A. I did—I found the back parlour shutters taken down—there had been no force used to open them—in my opinion there was no fastening to them—they appeared like shifting shutters—they would stand up in their place when put up, by their own weight—I did nut observe any bolts—on a wall on the
other side of the lane I observed a scratching of the brick-work, as if somebody had been over—it was not the wall where I heard the whispering—if a person came from the Ship public-house they might possibly pass over that wall—there are various ways—that is one track that would be convenient—it was a small scratching on the bricks, and some dust was at the bottom, as if some one had been over—I likewise observed footmarks inside—I did not compare them—in consequence of something I heard at the station I went to No. 9, Match-walk, about seven o'clock, and found Emmerson in bed—I had first seen his mother, and she told me he was sleeping in the back room—I asked him to be kind enough to get up and dress himself—he did so—I then took him into the room where his mother was, and told him I had received information that suspicion attached to him for being concerned in a robbery, and I must take him to the station—his mother said he had been in bed since half-past seven o'clock the night before—on the way to the station he said there had been a woman to his mother's house about half an hour before we came there, and said that Breeson and Cunningham were in custody for committing a robbery, but he said he knew nothing about it—I afterwards went back to the yard I have spoken of and made further search—I then found the greatcoat, a glass, an umbrella, and twenty-eight cigars in a small canvas bag—I produce them.
Cross-examined by MR. PAYNE. Q. Was Emmerson searched at the station? A. Yes, and nothing found upon him—his mother's house was not strictly searched—we looked round—I did not ask him to be so kind as to go to the station for a short time, nor tell his mother he would be back soon—I told her we must take him to the station on suspicion of being concerned in the robbery, but we could not say he would be detained—he said he had been in bed from about eight o'clock the night before—I did not ask him if he knew of the robbery that had taken place, and it was not in answer to that lie said the woman had been there and said Breeson and Cunningham were in custody.
Cunningham. Q. Did you see me anywhere that night? A. Not till I saw you in the boat—I know you by seeing you about the neighbourhood.
SAMUEL WILEY (police-constable K 102.) On Saturday morning, about four o'clock, I received Cunningham into custody from Gilbert—I also received this show-bottle—it has since been broken—it contained a quart and a quartern of what I believe to be either peppermint or shrub—I produce the other articles.
Cunningham. Q. Do you know me? A. I have seen you several times on my beat with a lot of low young fellows strolling about the streets, but never knew you in any act before—I did not see you about on this night.
EDWARD GRAY (police-constable K 59.) I know the three prisoners—I remember seeing them on Friday, the 2nd of Dec., between twelve and one o'clock in the night—I am sure they are the three persons—I had seen Emmerson before—he had a dark lantern in his hand, and was showing it to the others—I told them to move on—they were in High-street, Shadwell, about 100 yards from the Ship public-house—they went in a direction down Elbow-lane, which is about twenty or thirty yards from Cow-lane, and about fifty yards or upwards from the Ship.
Cross-examined by MR. PAYNE. Q. Where were you standing when you first saw them? A. I was on duty, walking in High-street, Shadwell—there are a good many low characters about there, and I told them to move on—they went down the lane—I only saw them for a short time.
COURT. Q. Had you known them before by sight? A. Yes, and am certain of them.
JOHN TURNER . I am a seaman, and was lodging with Mr. Stone. On the evening of the 2nd of Jan. I had a bundle of cigars in my chest—I cannot swear to the cigars, but I can to the bag they were in—this is it, and it contains about the same quantity of cigars I had—this jacket and cap are also mine—I saw them all safe about ten o'clock on Friday night when I went out—when I came in in the morning I found my chest had been opened, and the things missing.
SAMUEL WILEY re-examined. These are the cigars I found concealed in the shed under the swinging-boat—they were in this bag upon the ground, and this jacket was tumbled over it—the coat was by the side of it.
RICHARD STONE re-examined. This coat and show-bottle I saw safe on Friday evening, the 2nd of Jan.—I can swear this is the bottle—the umbrella, tobacco and taps are all my property—there are three shutters to my back window—I always put the middle one up first, and then the other two—the bolts were shot—the least thing in the world would open them—they would not come down without somebody taking them down—my house it in the parish of St. Paul, Shadwell.
Cunningham's Defence. I never saw the things; we were coming home from the Pavillion theatre, about half-past one o'clock; I went to the yard; about four o'clock Breeson got out to ease himself; the policeman came over the wall, and asked what he was doing there; I could not understand what he said; he came and asked me what I did there; I said I was sleeping there; he asked what that bottle did there; I had newer seen it before; I handed it to him.
BREESON— GUILTY . Aged 18.
CUNNINGHAM— GUILTY . Aged 17.
EMMERSON— NOT GUILTY .
Transported for Ten Years.
Before Mr. Justice Wightman.
381. EDWARD WALKER was indicted for burglariously breaking and entering the dwelling-house of John Sanderson, about two in the night of the 20th of Dec, with intent to steal, and stealing therein, 1 mug, value 2l.; 14 spoons, 5l.; 2 pair of sugar-tongs, 14A. 1s.; 1 box, 1s.; 1 1/2 yards of linen cloth, 4s.; 1 yard of muslin, 1s.; 3 handkerchiefs, 1s.; 3 caps, 10s.; 1 pin-cushion, 2s.; 1 needle-case, 2d.; 1 frock, 1s.; 3 yards of lace, 6d.; 1 reel of cotton, 2d.; 12 needles, 2d.; and 2 pair of drawers, 1s.; his property.
MESSRS. PAYNE and PLATT conducted the Prosecution.
JOHN SANDERSON . I am an oilman, and live at 65, High-street, Poplar. On Sunday morning, the 21st of Dec., I went to bed a little after one o'clock—I was the last up in the house—I had looked at the fastenings of the house, but not the upper part—the kitchen window that was entered I cannot say was fastened, but the shutter was up, and bolted—the window was down—about a quarter to eight o'clock, in consequence of my servant telling me something I went down stairs—I found the kitchen window open, and the shutter leaning against the windows—any person could get in by removing the shutter and opening the window—I came up into the parlour behind the shop, and found a mahogany sideboard cupboard forcibly broken open, and all the silver that was there missing—there was a silver mug, gravy-spoon, three table, three dessert, and seven teaspoons, and two pair of old fashioned sugar-tongs—I found the till in the shop broken open, and missed from it 3s. or 4s.—I missed my wife's work-box from the sideboard cupboard in the parlour—this now produced is it—it contained my wife's work, and various odd things—I do not know the prisoner.
HENRY PLOWRIGHT (police-cotistable K 106.) On Sunday morning, the 21st of Dec., about half-past four o'clock, I saw three men near the prosecutor's house—the prisoner was one of them—I was in King-street, about 200 or 300 yards from the prosecutor's house—they came over a fence from Mr. Holly's field, which leads to the back of the prosecutor's—I followed them and got within twenty yards of them—I lost them all at once—before I lost them, I heard one of them say, "I am d—glad we have got out of that"—I recollected having heard that voice before—I was not near enough to examine them carefully, but from the appearance under the lamp, and the voice, I believe the prisoner to be the person—I have known him for the last seven years, and have been in the habit of seeing him about Stepney.
Prisoner. It is false, he never saw me before in his life. Witness. He used to bring milk round Arbour-square, for his grandfather, when quite a boy, when I used to live there—it is three years since I saw him with a milkcan—I have spoken to him frequently—his grandfather is a cow-keeper and dairyman, in Stepney, and he lived with him at that time—I have seen him frequently since then, up to the present time, but not to talk to him—I have repeatedly heard his voice in passing in the street—he was working fur his grandfather at the time he was apprehended.
JAMES HAMS (police-sergeant K 21.) On Sunday morning, the 21st of Dec., about eight o'clock, I was called into Mr. Sanderson's house—I examined the kitchen window—it was closed at that time—the shutter had apparently been put up with buttons outside to keep it up while a person went to bolt it—those buttons could be undone from the outside—the shatter was standing against the window as if it had been removed—I found a cupboard in the parlour had been forced open, and a piece broken off—the till had been wrenched open with a pair of scissors, which were on the counter—I went into the back garden, and found a step-ladder standing against a wall at the bottom of the garden, which leads into a dug-up garden at the back—it was in Mr. Sanderson's garden, but placed against the wall of the other—I had seen that ladder several times before, on the other side of the wall—I found there a number of foot-marks—they began at the foot of the ladder, on the other side—I could not discover any impressions on Mr. Sanderson's side, the ground was so hard—I found some where the ladder bad been taken from, and covered them over—I traced them to the bottom of that garden, where there is a ditch, and just opposite that ditch I found the box produced, and the contents lying about by the side of it—there were a number of foot-marks there—I traced them along the field to the spot where Plowright pointed out where the men got over the fence—I afterwards went with Plowright, and apprehended the prisoner—Plowright said in his presence, "That is one of them"—the prisoner said it was not him, he could prove where he was that night—I asked him how—he said the old people could prove it—I went with him to his grandfather's, which is about a mile from the prosecutor's house—I asked the grandmother some questions in the grandfather's presence, about the prisoner's sleeping—she said, "He did not sleep here, he had his supper here, and he went up into the loft over the cowbarn; I will not tell an untruth; he could get in and out there when he liked, but he was there at six in the morning"—the caw-barn is little more than the width of this Court from the grandfather's house—the prisoner made no reply to that—I afterwards asked to look at his shoes—he showed me the shoes he had on—his grandmother told me they were not the shoes he had worn, those he had only bought on Sunday morning—I asked for the shoes he wore on Saturday night—he turned round behind a door, and reached me
this pair—they are odd ones—one is nailed—the other has been nailed, but the nails are worn completely smooth—I afterwards compared them with the footmarks, by making an impression by the side of those I found there, and they exactly corresponded—I examined them carefully so as to ascertain—there was one place where I thought, before seeing the shoe, that it had an iron-plate, but I find this shoe has the nails worn off at the toe, and it smooth—I believe the foot-marks to have been caused by these boots—they correspond precisely.
JOSEPH PUDDEFORD (police-constable K 276.) I went with Hams to Mr. Saderson's garden on the 21st of Dec.—I was present when he made the comparison of the footmarks—I also made a comparison myself, by putting the shoe alongside the footmarks already made—it was very soft ground—in my judgment they corresponded—part of the heel, which is broken, corresponded exactly—I noticed the marks there before I made the comparison—when I first examined the marks I was of opinion that one had been mode by a shoe with an iron plate to the toe.
HENRY PLOWRIGHT re-examined. I was about twenty yards from the persons at one time—they could not see me—I was ninety yards from them. when they got over the fence—they turned the comer by a gat-lamp, and I lost them—I had a view of their persons—they might have heard my footsteps, but could not see me, as it was dark—there was only one gas-lamp in the street—I could hear the prisoner speak twenty yards off—he spoke very loud.
Prisoner Defence. On the 10th of Dec. I slept at my grandfather's, and in the morning my grandfather's brother asked me if I would work in his place, because he had a bad hand; I worked till Tuesday morning, the 23rd, when Hams took me; on the Sunday my grandfather gave me 4s., and I bought a cap and a pair of shoes; I have been working for my grandfather.
ROBERT WALKER . I am the prisoner's uncle. He has been at work for Hs grandfather for a fortnight previous to his apprehension, and lodged in the loft over the cow-barn—on the Saturday night he came home, said he was very tired, bid them all good night, and went up to the loft to go to bed at usual—that was about nine o'clock—I did not see him any more that night—the next time we heard of him was about six o'clock in the morning, when the man went up into the loft to get something to clean the horses—he was there then, and I have no doubt he had been there all night.
NOT GUILTY .
381. JOHN REED alias Frederick Mason , and HENRY MORTIMER , were indicted for burglariously breaking and entering the dwelling-house of John Frederick Bennett, about three in the night of the 27th of Dec., at St. Marylebone, with intent to steal, and stealing therein. 1 eyeglass, glass, value 4s.; part of an earring, 1s.; his property: 7 shirts, 2l. 1s.; 19 waistcoats, 9l.; 13 pairs of trowsers, 12l.; 4 coats, 5l.; 1 pair of drawers, 8s., 2 flannel waistcoats, 5s.; 8 handkerchiefs, 12s.; 1 night-cap, 2s.; 3 cravats, 3s.; 1 pair of braces, 1s.; 2 pairs of gloves, 1s.; 2 pairs of stockings, 4s.; 1 brush, 1s.; 1 pair of straps, 6d.; 3 pairs of boots, 2l. 9s., 1 seal, 10s.; 4 purse, 2s.; 2 keys, 1d.; I pencil-case, 1s.; 2 breast-pins and chain, 10s.; 9 shirt-studs, 10s.; 2 buttons, 1d.; 1 carpet-bag, 5s.; 1 portmanteau, 5s.; 3 scarfs, 2s.; 1 box, 1s.; 4lbs. of cigars, 4l.; the goods of Charles Edward Thornhill; and that Reed had been before convicted of felony.
MR. PLATT conducted the Prosecution.
FREDERICK DRAPER (police-constable F 25.) On Sunday morning, the 28th of Dec., about five minutes before six o'clock. I was standing at the corner of Charles-street, Drury-lane, with Clark, my brother constable—I saw a cab, No. 2504, pass at a furious rate down Charles-street—I saw inside it a portmanteau, and a boot or shoe loose upon the top—I thought something was wrong, and we pursued the cab down Charles-street—I called out to the caiman to stop—he did not stop till he got nearly to the bottom of the street—he then stopped, and a man got out—I heard him say something about Tottenham-court-road, and he ran away—the cab went on further down the street, when it was stopped by Clark—when I got up to it I opened the door and looked in—the prisoner Reed was inside—I asked him if the property in the cab was his—he said no, it was the gentleman's that had got out and run away; that the gentleman wanted him to take it to Tottenham-court-road—I then told him to come out of the cab, which he did—I had seen him previously with a gang of thieves in Drury-lane—I told him to get into the cab again, which he did, and I followed him—Clark got on the box, and we drove to Bow-street station—I heard Hutchinson the driver say something, but Reed was then inside, and I cannot say that he heard it—I afterwards took the luggage into the station—I have it here—it is a portmanteau and a carpet-bag, containing a number of the articles stated, a box of cigars, a bundle with eight waistcoats and a pair of trowsers, and another bundle with a pair of boot—he said the gentleman had given him the hat and the coat he had on for his trouble in assisting him into the cab with the things—I afterwards went to No. 21, Princes-street, Cavendish-square, between eight and nine o'clock that same morning, in company with Clark*—Clark put his shoulder to the door and it was immediately opened—two females were in the passage—we west in and found the house had been robbed, and entered the back way by means of a ladder placed to a water-closet at the back—a square of glass in the water-closet window was broken, and there were marks of feet down—they appeared to have got from that broken square on to the top of the cistern of the water-closet, and then in at the staircase landing window—I found some lucifer matches in Reed's pockets at the station—I found this jewel-case in the cab.
Reed. Q. What thieves have you seen me with? A. I have seen you with thieves that I have known to be in custody and convicted—I do not know their names exactly now—I found lucifer-matches in three of your pockets, in one pocket of the coat which belongs to the prosecutor, some in your trowsers pocket, and some in your waistcoat pocket.
WILLIAM CLARK (police-constable F 158.) I was with Draper on the Sunday morning, the 28th, and saw the cab drive down Charles-street—I watched it—it drew up about the middle of Charles-street, and a roan got out—I cannot swear to that person—he ran away—I then went up and stopped the horse's head, and spoke to Hutchinson, the driver—I afterwards went to No. 21, Prince's-street with Draper, and in the parlour there found this cap and some lucifer-matches.
ELIZA MILES . I am servant to Mr. Bennett, of 21, Princes-street, Cavendish-square—Mr. Charles Edward Thornhill lodges there, on the first floor—on the 28th of Dec. I got up about eight o'clock—I found the second floor landing window partly open—I am sure it had been shut the night before when I went to bed—I went down two or three steps more and saw Mr. Thornhill's drawing-room door open—I afterwards went to Miss Bennett and she came down with me—I found the back doors all open, and the shop door was broken open—on unlatching the front door the policemen came in—I
went to Mr. Thornhill's rooms, and there was wearing apparel and other property gone—I do not know what jewellery there was, but I believe some was gone—I found a carving-knife on the dressing-table in Mr. Thombill's bed-room—I had seen that safe overnight—I went to bed about twenty minutes to twelve o'clock—I am certain all the doors were fastened at that time, and the landing window was shut—there was no fastening to it—this knife it Mr. Thornhill's.
WILLIAM HUTCHINSON . I am a cab-driver, and live at No. 19, Warner-street, Fitzroy-square—on Sunday morning, the 28th of Dec., I was with my cab near the Regen-circus—a person came from the opposite side of the street to me—I asked if he wanted a cab—he said, yes, what would I take him awl another op, with some luggage, from No. 21, Princes-street, Cavendish-square, to Charles-street, Drury-lane, for?—I said 18d.—he got in, and I drove to No. 21, Princes-street—when I got there a person at the door opened the door, I think—I could not swear to his opening it—it was opened, and another party, with some luggage came out—it was put into the cab, and the persons both got in—I recollect them both—Mortimer is the one that came to me to engage the cab, and Reed was at the house—when I got to the corner of Charles-street, I partly pulled up, it being a sharp turning I could not easily turn round—the policemen were standing at the corner—the parties, inside called out to me to drive to the bottom of the street—when I got to the middle of the street one called out for me to stop, which I did as soon as I could—one party got out, shut up the door and steps, and ordered me to drive the other to Tottenham-court-road—I am quite sore of the prisoners.
Mortimer. Q. What clothes had I on? A. Not the same you have on now—it was about a quarter to six o'clock in the morning—it was pretty dark, not light enough for me to distinguish particularly what clothes you had on—there was gas-light—I let you into the cab in Oxford-street, and out of the cab at Princes-street, and into the cab again there.
JOHN FREDERICK BENNETT . I own the house, No. 21, Princes-street, in the parish of st. Marylebone—Mr. Thornhill occupies the first floor—I came home on Sunday morning, the 28th of Dec., about eleven o'clock—I was sent for from Brompton—I found the house had been broken open and ransacked—this eye-glass and part of an ear-ring I know to be my property, they were taken on that occasion—the prisoner, Reed, was in my service about tea months since, as porter and errand-boy, and would know every part of my house—my house was broken into and robbed about nine months ago.
CHARLES EDWARD THORNHILL . I lodge at Mr. Bennett's—I was from home at the time in question—I returned on the Tuesday week following—I then found I had been robbed of some articles—I saw all those articles at the police court, a quantity of waistcoats and trowsers and other wearing apparel—these produced are mine, and what I missed when I same home.
WILLIAM LING (police-constable D 77.) On Sunday morning, the 28th of Dec, about half-past two o'clock, I was on duty in Oxford-street, and saw the prisoner, Mortimer, standing, with his hands in his pockets, on the kerbstone by the Regent-circus, which is about two minutes' walk from the prosecutor's house—he turned round the moment he saw me, and walked up to a woman who was selling coffee in a doorway—he drank his coffee very quickly and was going across Oxford-street, when five other lads came up, and one called out, "Hallo, Harry, where are you off to?"—he turned his head, and made no reply, and went away down Swallow-passage—he had seen me—I bad passed within a yard of him, and stood by while he was drinking his coffee—I am certain he is the man.
Mortimer. Q. Perhaps you can tell what clothes I had on? A. I think he had a darker coat on, but I could not swear to that positively—I did not know him before—that was the only time I saw him—I stood by while he was drinking his coffee, and looked at him hard in the face.
MARY GRIFFIN . I live at No. 20, Marshall-street, Golden-square. I keep a coffee-stall at the corner of Regent-circus, Oxford-street—I know Mortimer—on Sunday, the 28th of Dec, about half-past two o'clock in the morning, he came up to my stall and had a cup of coffee—I have known him between three and four years, and am certain he is the man.
Mortimer. Perhaps this lady may know what clothes I had on. Witness. I think he had on much like the clothes he has on now—I am sure he had the clothes he has now—I do not know any good of him—he is out at night, with a lot of loose characters.
Reed's Defence. On the 28th of Dec. last, about a quarter to six o'clock in the morning, I was proceeding across Cavendish-square, and up the street where Mr. Bennett lives; a gentleman was standing at the door, with a cigar in his mouth; he said, "Young man, will you mind this door for me?" It was open. I said I would; he said, "It is very cold, here is a coat for you." I said, "Thank you." I had a travelling cap on, and I gave it to him for an old hat which he had; he went and fetched a cab; Hutchinson was the driver; the man put the things in the cab, and asked me to go with him as far as Drury-lane; he got out then; I thought he was a gentleman; he shut up the door, and said something to the cabman, which I thought was, "A door or two further on;" the man went two or three steps further, when up came the policeman, which very much astonished me; he called me outside, and asked me whose property it was; I told him, and looked up, and, to my astonishment, the gentleman was gone; Mortimer is not at all like the gentleman that engaged me; he had long light hair, half way down his back, and carroty whiskers, but he is about the height, and that makes the cabman speak to him.
Mortimer's Defence. They searched my place, and found no clothes there; I had no suit but this to stand upright in; I have been at Mr. Agate's stable four years.
JOHN WELLS (policeman.) I produce a certificate from Mr. Clark's office (read Certifying that John Reed was convicted on his own confession on the 12th of May, 1845, of embezzlement, and confined six months)—I was present at the trial, and am sure the prisoner Reed is that person.
REED— GUILTY . Aged 20.— Transported for Fifteen Years.
MORTIMER— GUILTY . Aged 21.— Transported for Ten Years.
NEW COURT.—Monday, January 5th, 1846.
Fifth Jury, before Edward Bullock, Esq.
382. FREDERICK BUNYAN was indicted for burglariously breaking and entering the dwelling-house of William McDonald, about two o'clock in the night of the 10th of Dec., at St. Giles-in-the-Fields, with intent to steal.
WILLIAM MCDONALD . I live at No. 9, Great Wild-street, Lincoln's Innfields, and am a brass-founder. I occupy a front shop and parlour there—there are other lodgers in the house, which belongs to a person named Kelly, but he does not live in it, he lets it out in tenements—no one occupies the shop but myself—I sleep in the back parlour, which communicates with the shop it goes out of the passage—the doors arc opposite one another—you
do not go out of one room into another—there is a staircase between them—I take my meals in the shop—the shop-door enters from the passage—that passage is for the whole house from the private door; but I have a shop-door from the street—all the lodgers have the use of that private door—they have not all keys—it is left open generally of a night—no one goes to my shop or parlour but myself—I keep the key and lock them up myself—I fasten my shop? door with two locks and a padlock—on the night of the 16th of Dec. I was the last person at my shop—I locked it up and took the keys into my bed-room about a quarter before twelve o'clock—next morning I was lying in bed, and saw a light come through the fanlight over the bed-room—I saw it go out, and then I saw the light again—I heard the padlock fall—I got up and got a light—I drew the night-bolt of my bed-room, and saw the prisoner half way in my shop—he went out into the street—I followed him, and cried, "Stop thief"—he made three or four attempts to strike me with a hammer or a crowbar, and once he struck me on my thumb—I went out in my shirt, and saw the policeman catch the prisoner three doors off—I found my door was all broken open—the policeman has got the padlock, which he took off the ground—I saw it there—I never saw the prisoner, to my knowledge, before—I am sure he is the person.
THOMAS LANGLEY (police-constable F 121.) About twenty minutes past two o'clock in the morning of the 17th Dec., I was on duty in Great Wild-street, I heard a cry of "Police!" and saw the prisoner running fast, and Mr. McDonald just behind him in his shirt, calling "Stop thief!" and the prisoner cried it too—I stopped the prisoner, and took him back to the shop—Mr. McDonald said, "That is the man that broke into my house"—the prisoner said there was no charge against him—he refused to go to the station, became very violent, and struck me on the eye—I got him to the station with difficulty—I found a box of matches on him.
DANIEL COHARIM . I am a turner—I was in Great Wild-street that morning—I saw the officer with the prisoner fn custody-*while he was struggling with the policeman he pulled a hammer or crow-bar from under his coat, and threw it in the gutter—there were two girls and a young man who picked it up and ran away with it.
JAMES BROWN (police-constable T 142.) I went to the prosecutor's house and found in the passage several lucifer matches of the same sort as those in the box of matches found on the prisoner by Langley—I found this padlock there—the staple is broken off.
Prisoner. I was passing the prosecutor's house; he was standing on the door cill with a candle, and called "Stop thief!" Iran and called "Stop thief!" the officer stopped me, and took me back; the prosecutor said I was the man; he said before that, his wife locked the shop and brought him the keys while he was in bed, and now he says it was himself.
COURT to WILLIAM MCDONALD. Q. Is this your name to this deposition? A. Yes, it was read over to me—I was there, and my wife was there as well, but I locked the shop—the house is in the parish of St. Giles-in-the-Fields—I was present—my wife locked the door, and I did also.
** GUILTY . Aged 20.— Transported for Ten Years.
GUILTY . Aged 20.— Confined Two Months.
HARMAN pleaded GUILTY . Aged 17.— Transported for Seven Years.
JOHN JONES . I am assistant to Jesse Jones, a linendraper, at Uxbridge. On the 23rd Dec. we had some printed cotton on an iron rail outside the shop—this is the cotton—I saw it safe about four o'clock in the afternoon—we did not miss it till a person came in and said it was stolen.
ANDREW WAKE . I live at Uxbridge, and am a brushmaker. On the 23rd Dec., about twenty minutes after four o'clock, I was looking out of my window—I saw Hay trying to pull down a piece of print which hung across the rail at Mr. Jones's—he could not get it off at the first pull—he came again and made another attempt—he came three or four different times, but could not get it—I then went out and met him in the market-place with some other boys—I could positively swear to him—I have known him for years—I then saw another chap go across the way and hide himself at the corner of a gateway—Harman then came up and got the print off the iron—Hay was at that time in the market-place, with other boys, which is twelve or fifteen yards from where the print was, but within sight of the place.
Hay. He asked me to lend him the jacket, and he was taken with the print, with my jacket on.
(Hay received a good character.)
HAY— GUILTY . Aged 17.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
JOHN DAY . I am one of the firm of Day, Watson, and others—we are wine-merchants, in Water-lane, Tower-street—we have a large business—our bottled stock was upwards of 300 pipes—the prisoner was in our service. On the 23rd of Dec. I was in Leadenhall-market, purchasing a Christmas-dinner for him and the rest of our servants—on that evening the prisoner was brought back to our premises by the policeman to whom I had pointed him out—he took three bottles of wine from his pockets, and the policeman had got another in his hand—I said, "This is very shameful conduct on your part"—he said, "It is the first time I have ever done such a thing, I hope you will forgive me"—I took the policeman and showed him the dinner I had been providing for nine of them.
JOHN COOK (City police-constable, No. 527.) I was sent for to Messrs. Days—I got there at a quarter-past six o'clock that evening—I saw the prisoner leave work, and stopped him twenty or thirty yards off—I said, "Stop, have you got anything about you that don't belong to you?"—he said, "No, I am sure I have not"—I took him back, and on the way he pulled one bottle out of his left pocket—I took him in, and found three more bottles in his pockets—he begged his master's forgiveness more than once.
GUILTY . Aged 31.— Confined Twelve Months.
(The prosecutor stated that seventy-three empty, and twenty-three bottles full of wine were found at the prisoner's lodging.)
386. HORATIO TYRRELL was indicted for stealing 9lbs. weight of copper, value 6s., the goods of Jonathan Higginson, and another, in a certain vessel in a port of entry and discharge, &c.; to which he pleaded
GUILTY . Aged 18.— Confined Fourteen Day .
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Three Month.
WILLIAM COOPER . I am a seaman on board the Cybelle, in the West India Docks. The prisoner shipped on board that vessel on the 18th of Dec., and came to work on the next day, Friday, the 19th—I had a watch in my chest—I took it out, wound it up, put it into the chest again, and locked it up—the prisoner saw me do so—he took it into his hand, and looked at it—the next morning, the 20th, he turned to with us, and then he went on shore for a short time, and came back again—the mate then told him to go into the hold, and instead of that, he went into the forecastle—I had seen my chest was locked that morning, and I went to it at ten, at the breakfast time—I found it had been broken open—the marks of a marline-spike were on it, and the marline-spike lay by the side of it—my watch was gone—the prisoner had then absconded, and he never returned at all—on the morning of the 26th of Dec. the mate came on board, and sent me to the station—I found the prisoner there—I do not know what the watch was worth—it was given to me by my father—I have never seen it since.
ROBERT FENN (police-constable K 363.) The prisoner was given into my custody by the mate, for breaking the chest open, and taking the watch—the prisoner said it was no use his denying it, he broke the chest open, took the watch out, and pawned it for 105. in Limehouse, but he did not know where, and he had sold the duplicate for 3s.
Prisoner. I never said such a word; I know nothing about the watch.
GUILTY . Aged 42.— Confined Twelve Months.
GUILTY . Aged 38.— Confined Three Months.
EDWARD BROWN . I am shopman to Charles Hughes, and another, cheesemongers, Edgware-road. On the 24th of Dec., about ten o'clock at night, the prisoner came there—I had not known her before, but I am sure it was her—I said to her, "A nice piece of bacon"—I saw her looking at it—I was then wanted to go out, but before I went, I missed her and the bacon—I went and overtook her about 100 yards from the shop—I told her she had stolen a piece of bacon—she said she had not—I took her by the shoulder—she came with me, and I gave her in charge of the policeman—he laid hold of her, and she dropped the bacon from under her arm—this is it—it is my roaster's.
WILLIAM LEONARD (police-constable D 50.) About a quarter-past ten o'clock that evening, I was called to take the prisoner—the witness said, "You have taken a piece of bacon, I give you in charge"—I took bold of her, and she said, "I have not taken any bacon"—I saw it drop from under her cloak—I took her back to the shop—she went on her knees, and said "I hope you will forgive me"—I then took her to the station, and there she said, "I did not take it."
Prisoner. I was so intoxicated I did not know I had been into the shop, or what I did. Witness. She was intoxicated, but knew what she was doing—when she dropped it, the held out her hand so that the bacon might fall off the kerb, that we should not see it—there were two other small pieces of bacon in her basket.
GEORGE THORNTON (police-constable D 109.) I produce a certificate of the prisoner's conviction at Clerkenwell—(read—Convicted 20th Feb, 1843, confined four months, four weeks solitary)—the prisoner is the person—she has been in custody since then.
GUILTY . Aged 52.— Confined Twelve Months.
ADAM SHELFORD (City police-constable, No. 105.) I was on duty at Londonwall on the 16th of Dec.—I saw the prisoner with this coat on his back—I followed him and asked him where he brought it from—he said, from his father, No. 3, Pump-court, in the Borough, and he was going to take it to his brother at Mile-end gate—he said his father's name was James Burns or Thomas Burns—I went to Pump-court, and there was no such person—I did not go to Mile-end gate, because he told me afterwards there was no inch person—he took the coat off in going along, and when he got to the station-house door he dropped it and ran away—I pursued and took him again.
JOHN KERSLEY . I am a carrier to Egham. I was in Farringdon-market about ten o'clock in the morning on the 16th of Dec.—this is my coat—I sat on it in the van; I went into the Angel-yard, to put up my horse, and when I returned to the van, in about twenty minutes, the coat was gone.
Prisoner. Q. How do you know it is yours? A. I can swear to it; I sewed on one of the buttons; I know it by that—I have had it about seven months—I wore it every night—I bought it for 24s. of a coachman at Egham—I live next door to him.
Prisoner's Defence. I was coming up Petticoat-lane, and met a man who appeared a coachman; he asked me the way to London-bridge; I told him; he then asked if I knew where he could sell an old coat; he said it was cheap at 15s.; I said I had got 12s., which he took; I put the coat on my back, and in going through the street the officer stopped me; I told him I bought the coat in Smithfield, and I knew the man that sold it me; the officer would not come with me, and it struck me I might get into some trouble; I took it off, and gave it to the officer, and said I would fetch the man; the officer followed and took me.
GUILTY . Aged 32.— Confined Three Months.
ALEXANDER SCOTT . I live at Edmonton; my wife, Elizabeth Scott, keeps a shoe-shop. On the 20th of Dec, between five and six o'clock in the evening, I missed two pairs of cloth boots from the shop—these are them—I know them by my own writing on them.
SOPHIA GLADISH . I am apprentice to Mr. Scott; his wife keeps a shoeshop. On Saturday evening, the 20th of Dec., I missed two pairs of boots from the window—I saw them safe about three o'clock in the afternoon—these are them.
HENRY WILLIAM RUSSELL . I am a pawnbroker, and live at Tottenham. On the 20th of Dec., between six and seven o'clock, the prisoner offered me these two pairs of boots in pawn—I am certain he is the person—he give the name of Richard Pursell, Barefoot-lane—he said the boots belonged to his mother—I asked him how it was she had two pairs—he then said one pair was his sister's—I gave him into custody.
Prisoner's Defence. The pawnbroker said I was in his shop at seven o'clock, and there was a wagoner Who said I was at the Wagon and Horses at seven, which is a mile and a quarter distant from the shop; that man went to Edmonton to speak, and they would not let him; the prosecutor lost them between five and six o'clock; I Wit at home then.
THOMAS PENNYFATHER . I am the prisoner's father—on the evening the pawnbroker says he was at his house, he was at home with me near the Bell; at Edmonton, about a quarter past five o'clock—my house is about a quarter of a mile from the prosecutor's—I left home at a quarter past five o'clock—I went home about seven o'clock, and my son followed me into the house—he might have been out from a quarter past five till seven o'clock for whit I know.
HENRY WILLIAM RUSSELL (re-examined.) The prisoner was with me between six and seven o'clock—I kept him there for some time, and tent for a policeman—when he came the prisoner ran away—I had kept him in conversation a quarter of an hour—I alb sure he is the person.
Prisoner. This witness has been ill custody twice, once for robbing an orchard; I do not see that he is any bitter than I am.
GUILTY .* Aged 15.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
HENRY ISAACS . lam messenger to the Committee of Bankers. I am agent and manager of the house, No. 150, Fenchurch-street—I engaged the prisoner to lay down some lead on the stairs at that house—I had known him before, but had lost sight of him for about two years—I was to find the lead, and he was to find the labour and judgment—I asked the prisoner to give me some idea of what the outlay would be—he made his calculation for his labour nine days at 5s. a-day, 2l. 5s.; a labourer, six days, at 4s. a-day, 1l. 4s.; making 3l. 9s., and I agreed to that—I was to pay him 8l. 9s. for his labour, and if he could do it in less time he might—I went with him on Monday, the 8th of Dec., to Pontifex's in Shoe-lane, and gave orders for some
lead—the prisoner selected one sheet of 4lb. lead, which weighed 8cwt. 1qr. 3lbs., and he said he should require some 61b. lead, giving the dimensions of it, which weighed 2cwt. 12lb.—I then went to the clerk and stated that I should require this quantity of lead, but as it was to be cut out, I said, would they allow us the use of the floor to cut it on, leaving the cuttings behind, for which I was to have credit—they said I had better go up stairs—I went up and left a £5 note as a deposit for the lead—it was to be sent to No. 159, Fenchurch-street—it was brought, as I thought, but it was not all brought there—it was to be delivered there by Pontifex—I saw some lead afterwards at Fenchurch-street—the prisoner had no authority whatever to make use of that lead in any way except in putting it down as I directed—some of the lead was laid down—the prisoner commenced work on Tuesday morning, the 9th of Dec.—he laid some lead down, but the job was not finished—on the Thursday after, about twelve o'clock, he stated he had not sufficient lead for the job—he said he wanted some more—I said, "You see the folly of not acting under my directions"—he said, "Here are 3/4cwt. of cuttings here"—I told him to go to Pontifex's and get credit for the cuttings, and get more lead—I knew tie had not cut the lead at Pontifex's, as he told me so on the Monday night—he said they had not room for him to do it—I told him on the Thursday to go and take the cuttings, and get the lead and the bill—he went and returned, and said he had been to Pontifex's, and they would not give credit for so small a quantity of cuttings, but he had been where they directed him, and he brought me this bill of the lead, which is in the name of Archer—there were two carts which brought the lead away from Pontifex's, and the prisoner came with one of the carts—he stated that the lead was all brought to Fenchurch-street—I did not notice it particularly.
Cross-examined by MR. BALDWIN. Q. You are agent for this house? A. Yes, for Messrs. Antrip and Co.—I am answerable for this lead—I have been agent for this estate for twenty years—last June we were burnt out, and then the house was repaired—during the progress of the work I had to find money for the work-people—I have applied several times, and have got about 60l.—I am to be paid eventually for the outlay—the prisoner worked for me in a similar way two years ago—he has a large family—the bills were made out to me—I have not been in the habit of paying him less than the work was charged to Messrs. Antrip—I have not been in the habit of making a profit out of his work—Messrs. Antrip have never been charged more than I have actually paid, but very often less—on this occasion I was to pay the prisoner 3l. 9s. for his labour—the lead was cut in pieces at Pontifex's, previous to its being brought to the house, but it was not cut to fit the work—the prisoner divided it in pieces to suit himself.
MR. DOANE. Q. You bought this lead of Pontifex's on your own account? A. Yes.
JOHN GROCOCK . I am check clerk to Pontifex and Co. On the 8th of Dec. I sold some lead to Mr. Isaacs—I know this bill came from our home—it is, "1 sheet of 4lb. lead, 8cwt. lqr. 31bs., ditto 2cwt. Oqrs. 12lbs."—Mr. Isaacs came to me and wanted some lead—I sent him up stairs to get the order, then this pass ticket came down to me—I got the lead lowered, and it was cut—there was a proposition made to cut it on our floor—I said it would be perhaps inconvenient, but he had better go up stairs and get the order, and I would allow him to cut it—it was cut there—it is not true that we had not time and room for the prisoner to cut it—it is totally false—he did cut it there, assisted by a labourer—there were no cuttings left—the whole was carried off—it was cut into eight pieces, and carried off in two carts—Bone and Linwood were the two carmen—Linwood went first with his cart, and the prisoner went
with Bone's cart afterwards—the prisoner did not buy any lead of us himself that day.
Cross-examined. Q. Did the eight pieces include the whole of the lead? A. Yes, one piece was cut into seven pieces, and the other went in one piece.
JOSEPH BONE . I am carman to Messrs. Pontifex—I carried four pieces of this lead on the 8th of Dec.—my mate had four pieces, and he went first—the prisoner joined my cart—I was to carry the lead according to his direction—he told me to take it to Fenchurch-street, but as I was going to call in Gresham-street he wanted me to leave two of the pieces of lead at Durant and Co.'s, Milk-street—I said I understood the money was to be paid on delivery he said, "It is all right, I am going there with you, you will be sure to get the money on delivery"—I went and left the two smallest pieces out of the four there by his directions—they might weigh a little more or less than one hundred weight and a half—I got no money there—I delivered the lead I had for Gresham-street, and then the prisoner went on with me to Fenchurch-street, and I delivered the other two pieces there—I asked the prisoner if there was a job going on in Milk-street, and he said, yes—I saw Mr. Isaacs when I delivered the lead, and he paid me the balance of the bill, 5l. 14s. 6d.
JOSEPH NICHOLLS . I am porter to Durant and Co., of Milk-street—on Monday, the 8th of Dec., the prisoner came and asked if I would allow him to leave two pieces of lead in my passage, as he was not going direct to the shop—I had known him for three years, and I allowed him to do so without any objection—the two pieces were left there—I saw the cart—Bone drove it—the lead was left about four o'clock—the prisoner came for one piece about fire o'clock, and for the other about six.
JOSEPH STEPHEN HAGGETT . I took the prisoner on Friday, the 13th of Dec—I went to his lodgings at No. 1, Grgftham-place, Moor-lane, Cripplegate—I found a piece of lead, weighing 27 1/2lbs. in the yard—this is it—I told the prisoner I took him on a charge of felony, for robbing Mr. Isaacs of tome lead—he said he was not going to satisfy any one as to the arts and secrets of his trade—he was very drunk when I took him.
THOMAS CLARE . I am a glass-engraver, and live in Herod's-place, Wellclose-square—I saw the prisoner on the evening of the 8th of Dec., when he arrived at Mr. Isaacs with the lead—he only brought six pieces.
ADAM SHELFORD (City police-constable, No. 105.) On the evening of the 8th of Dec. I saw the prisoner in Moor-lune about six o'clock—it was some time after dark—he was going in a direction from Fore-street, down Moor-lane—that was in a direction from Milk-street—I followed him home and stopped him—I found on him a large piece of lead, I should "ay about three times as much as this piece produced—I did not know who he was till I stopped him—he turned round—I said, "It is you, is it, have you got lead?"—he said, "Yes, I have got a job."
GUILTY. Aged 38.—Recommended to mercy by the Prosecutor. — Confined Twelve Months.
NEW COURT.—Tuesday, January 6th, 1846.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 17.— Confined Four Months.
394. ROSINA BAYLEY was indicted for stealing 1 bonnet, value 5s.; 1 shawl, 10s.; 2 petticoats, 9s.; 1 pair of drawers, 2s.; 1 pair of stockings, 1s.; 1 shift, 2s.; and 1 gown, 4s.; the goods of Louis Manning; to which she pleaded
GUILTY . Aged 20.— Confined Six Months.
GUILTY . Aged 20.— Confined Six Months.
MARY ANN POULTER . I am the wife of Edward James Poulter. We keep a boot and shoe shop at Chelsea—the prisoner was in my service from the 14th of Aug.—in consequence of some suspicion I went to her box—it was a new box—I had another box made like it, and I tried the key of my box to hers, to see if both locks were alike—I opened her box—she was not present—I found in it some pieces of fur-skin of my own, and some duplicates—her box had been locked—I gave the policeman the duplicates, and he went with me to see if the goods really were mine—I spoke to the prisoner in presence of the policeman, and told her she had been robbing me of the boots, and she must have opened the door before I was up in the morning—she made no answer—the boots are here—they are my husband's.
WILLIAM HUNT . I am in the employ of Mr. Brook, g pawnbroker. I produce three pairs of boots which were pawned en the 10th, 11th, and 16th of Dec.—I could not swear the prisoner pawned them—these are the duplicates I gave of them.
JOSEPH HANSON (police-constable V 133.) I went with Mrs. Poulter to the pawnbroker's and got these boots, by producing the duplicates which she gave me—here is another pair of boots pawned at another place, which the pawnbroker gave up.
Prisoner's Defence. A person I knew, who is gone to Ireland, gave me these duplicates, as she said she could not release the things.
MRS. POULTER re-examined. There was no one visited the prisoner at my house—she was recommended to me by her married sister, who lived in Chelsea—I never suspected her, though I was continually losing goods.
NOT GUILTY .
GEORGE RICHARDSON . I live in High-street, Kensington, and am a cutler. I deal with Mr. Davies for beer, and the prisoner used to bring it—on Wednesday, the 16th of Dec., he brought me some beer—I received it—I paid him 1 1/2 d. for it, and I asked him if any thing was owing—he said, "No"—I am certain I paid it him.
Prisoner. He never paid me a farthing.
WILLIAM BEDSOR . I live at the Terrace, in High-street, Kensington. I deal with Mr. Davies for beer—the prisoner used to bring it every Monday—on the 8th of Dec. I paid the prisoner 1s. 2d. for beer for Mr. Davies—I paid it him myself.
Prisoner. He did not pay me a farthing.
Kensington—the prisoner was in my service, and used to deliver out beer, and to receive the money—it was his duty, immediately upon his return home, to band the money to me—Mr. Richardson dealt with me for beer, and on the 16th of Dec. was indebted to me, as I imagined, something more than 15s.—I never received that from him—the prisoner never accounted to me for anything he received from Mr. Richardson, only in the early part of his service—he did not, about the 16th of Dec., pay me any money as received from him—he lived in my house, and was apprehended in my house—he did not pay me any money as received from Mr. Bedsor for several weeks—he never paid me the 1s. 2d.—I never spoke to him about Mr. Bedsor's or Mr. Richardson's money—here is a bill which was found upon the prisoner by the constable—it is a bill I gave him, for the purpose of delivering it to Mr. Richardson—the whole amount Mr. Bedsor was indebted to me was a trifle more than 8s.—the prisoner was apprehended on the 17th of Dec.—I had seen him at my own house many times between the 8th of Dec. and the 17th—he never paid me the money paid to him by Mr. Bedsor on the 8th, nor ever accounted for it—I saw him on the 16th—he did not pay me the money he had received from Mr. Richardson, nor say anything about it—he had paid me money received from Mr. Richardson before, but not for seven weeks before he was apprehended.
Prisoner. He never found this bill on me; he never took it up to the Magistrate till the Friday.
Prisoners Defence. Mr. Davies said I never paid him any money; I have paid him money several times; I paid him money the day before I was taken.
THOMAS SWAINE . I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 4th March, 1844. and confined six months)—the prisoner is the person—I was in the police at the time—the prisoner has been several times in custody, and convicted summarily.
GUILTY . Aged 22.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
ELIZABETH KIRBY . I keep a slop-shop in Ratcliff-highway. The prisoner came to my shop on the Friday before Christmas—he brought twelve caps, called south-westers, on his arm, and asked me to purchase them—he asked 7s. 6d. for them, and there was an oil-skin jacket into the bargain—I gave him 6s. for them—I showed them to Mr. Tallerman, and these now produced are them—I have no doubt of the prisoner.
SARAH ANDERSON . I manage the business of Mr. Barnet, who keeps a shop in the Back-road, St. George's. Just before Christmas the prisoner sold me two south-westers for 1s. 3d.—he said he made them and sold them—I sold one of them, and showed the remaining one to Mr. Tallerman, and gave it up to him—I am sure the prisoner is the man.
months—I have missed south-wester caps and other articles, but I did not suspect the prisoner—I called on Mrs. Kirby, and received these twelve caps and the oil jacket—I know them as being my make—I did not authorise the prisoner to sell them to her or to anybody—he had no right to Bell them.
Prisoner. He used to send me round with them every week. Witness. I never sent him with anything—he was in my employ to oil, not to go out, except once, about four months ago I sent him with an order when the lad was ill—that was the only time—I never authorised him to sell these, and he never brought me the money for them.
Prisoner's Defence. I can prove I was at home at the time these southwesters were sold.
GUILTY . Aged 22.— Confined Six Months.
399. CHARLES SHANNON was indicted for feloniously breaking and entering the dwelling-house of George Rivers, on the 11th of Dec., at St. Pancras, and stealing therein 1 desk, value 30s.; 1 ring, 15s.; 2 shirt-studs, 8s.; 3 coats, 2l.; 5 pairs of trowsers, 2l.; 12 waistcoats, 2l.; 8 shirts, 1l.; 3 caps, 2s.; 2 pairs of drawers, 7s.; 6 cravats, 6s.; 5 handkerchiefs, 15s.; 1 scarf, 7s.; 4 sovereigns, 13 shillings, 1 sixpence, and 3 groats; the property of Augustus Edgar Burch; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 29.— Transported for Ten Years.
GUILTY . Aged 49.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
THOMAS TULL (police-sergeant T 22.) I was sent for to Mr. Thorn's residence at Great Ealing, on the 26th of Dec.—I went into his kitchen, and saw the prisoner—Mr. Thorn charged him with stealing a shirt of his—he directly said, "You will find a linen shirt in my box, but it is mine, my brother gave it me"—I asked for the key of his box—he gave it me—I asked him to go and show me his box, that there might be no mistake—I opened it, and found this shirt in it—the mark has been cut out, and there are holes where the mark has been.
Cross-examined by MR. DOANE. Q. He gave you the key of his box at once? A. Yes.
HARRIET BLAKE . I live at Ealing, and am a dress-maker. I work for Mr. Thorn's family—I made this shirt for Mr. Thorn, rather more than three weeks before it was shown to me—I usually mark the shirts, and numher them—No. 6 and 7 of the shirts I made had joined wristbands—they were different to all the others—this shirt was No. 6—I had marked it so—I have No. 7 here—I am sure this shirt is one I made for Mr. Thorn.
PETER THORN . I have a residence at Ealing—the prisoner was my groom. On Christmas-day he was wearing a shirt which I thought I knew was mine—I sent for the policeman next day, and this shirt was found in the prisoner's box—it is mine—I did not wish to prosecute, but he threatened me if I did not.
Cross-examined. Q. Had you examined his box before, in his absence? A. Yes—there was a female with me, and she is not here—the box was then open—I
saw the shirt there, and replaced it—I looked to satisfy myself that it was mine.
JOHN CHAMP (police-constable T 137.) I took the prisoner from the station to the office—as we went he said the servant who had lived at Mr. Thorn's, had had two shirts of his to wash, and she had spoiled them by suffering them to lie in the water too long; and the shirt he was charged with stealing, he did nut steal, but the maid stole it, and put it between the bed and the mattress, and told him he was to have that shirt in exchange for the two she had spoiled—he said he was sorry he did not tell the officer the truth in the morning.
NOT GUILTY .
402. JOHN STRUTT was indicted for stealing 3 yards of silk and woollen-cloth, called toilenette, value 4s. 6d.; 39 yards of woollen-cloth, 9l.; and two yards of canvas, 11d.; the goods of John Thorogood, his master.
MR. BALLANTINE conducted the Prosecution.
DANIEL BRYANT . I am a tailor and draper, and live at Diss, in Norfolk. I deal with Messrs. Nash and Ely, of King-street, Cheapside—I bought a quantity of goods of them on Monday, the 13th of Oct.—I was promised them on the following Thursday, but they never reached me—I directed them to be sent from the Blue Boar, Aldgate, by Reeve—this is the invoice of them.
RICHARD NASH . I am in the employ of Messrs. Nash and Ely—I do not know Mr. Bryant, personally, but I know him as a customer—I remember the order for goods for him coming from Mr. Ely—I superintend the selection of the goods—I saw them selected, and ready for packing—these goods now produced are of a similar description to the goods selected by me to be sent on that occasion—they appear exactly the name, except in length—they are precisely the same quality with goods we had, and they correspond with duplicates we have here—two of them are waistcoat-pieces—I did not make out the invoice—these goods are of a similar description to what were sent, and I believe are the same goods—this waistcoating is called toilenette—this other it tweed, and this other is a diagonal alpaca—this tweed is made of wool.
Cross-examined by MR. PARRY. Q. These are the fancy names for them, but in reality they consist of wool and silk? A. Yes—this one is supposed to be made of Alpaca wool—Messrs. Nash and Ely are woollen-drapers—these goods are made at Huddersfield, and Leeds, and other places—there are great quantities of them made—I have been in the business nine or ten years—such goods as these are to be found in various places, but different pieces will vary a little—we have another piece or two of this one—we sell these largely—we have not sold large quantities of this tweed—I can identify this more particularly—I never saw two alike of this—it is a peculiar mixture—we had such in our warehouse—I would not pretend to say that this is the only piece ever made of this kind—other dealers have similar goods.
MR. BALDWIN. Q. Is this the invoice of the goods you selected on that occasion? A. This is the invoice—these two waistcoat-pieces correspond in quantity with the invoice—the other pieces do not—they have been cut.
Cross-examined. Q. Are not similar waistcoat-pieces to be found in every tailor's shop in London? A. Similar things are.
JOHN TROTMAN . I am porter and packer to Messrs. Nash and Ely—I packed the goods mentioned in this invoice by direction of Mr. Nash—I packed them in canvass, in one parcel—one of the young men put the direction on it—I saw it with a direction to Mr. Bryant, Diss—I took the parcel to the
Blue Boar, Aldgate, and delivered it to the book-keeper there in the same state as when I took it from the warehouse—this is the receipt in the book.
Cross-examined. Q. What was the date? A. On the 16th of Oct.—I took it about one o'clock.
WILLIAM DEANE . I am book-keeper to Mr. John Thorogood, at the Blue Boar, Aldgate—I book for Mr. Reeve, the carrier—I remember Trotman bringing a parcel on the 16th of Oct.—I gave him a receipt for it—this is the receipt in this book, and this is the description of the parcel, "I truss"—this was written by myself, and given to him—I placed the parcel in the office, and it remained there till Saturday, the 18th—it was then taken out of the office and re-booked, but I did not see that—I did not see it after I booked it and placed it in the warehouse, cm the 16th of Oct.—I saw Mr. Reeve's wagon go away on the Saturday, and properly speaking this parcel ought to have been in the wagon—it was booked out for that wagon, which was driven by a person named Wren—I saw the prisoner there on that Saturday—he went to the railway with another wagon of goods from the Blue Boar.
Cross-examined. Q. Wren drove this wagon in which the parcel ought to have gone? A. Yes, to the railway station—When is not here—he was taken in custody on this charge, and discharged by the Magistrate—one of the railway orters was taken also, but he was discharged—Wren was in the service of Mr. Thorogood, of the Blue Boar, the same as the prisoner, and was remanded twice.
JAMES REEVE . I live at Alston, in Norfolk, and am a carrier—I book at the Blue Boar, Aldgate—I had some goods to take from there on Saturday, the 18th of Oct.—I made out a way-bill of the goods I received that day—I have entered a package for Mr. Bryant, of Diss—I did not see the package—I made out the bill from the book—I did not see the goods themselves—I took the goods I had, and went to Colchester by the railway—when I got to Colchester the way-bill was all right except this parcel, which was missing—whether it had been put into the wagon or lost from the railway I cannot tell—I never saw it at all.
Cross-examined. Q. The prisoner was a carter? A. Yes, he loaded the wagon at the Blue Boar.
HENRY CHARLES BARKER (police-sergeant H 11.) I went to the prisoner's lodging after he was taken—I found these things in a drawer there—here are four waistcoat-pieces, a piece of Alpaca, and a piece of doeskin—these are the things Mr. Nash has been.
Cross-examined. Q. When you took the prisoner he gave his address at once? A. I do not know—I got the address from my brother officer—I found the prisoner's wife there, sitting by the fire-side, nursing an infant—I did not find any other cloth there—it was on the 5th of Dec. I searched the prisoner's lodging.
NOT GUILTY .
403. JOHN STRUTT was again indicted for stealing 21lbs. of tea, value 5l., and 3 paper bags, 1s.; the goods of John Thorogood, his master:—2ND COUNT, of James Reeve:—3RD COUNT, of the Eastern Counties Railway Company.
MR. BALDWIN conducted the Prosecution.
JONATHAN ROW . I live at Tickleborough, in Norfolk—I deal with Messrs. Wiley and Co., tea-dealers, in London—in the beginning of Nov. I gave them an order for 21lbs. of tea, by post—this is the invoice of it, which I received by post—I have never received the tea.
about the 17th or 18th of Nov., and packed up three 7lbs. of green tea, all of different descriptions, in a truss, in three separate bags, and directed the package for Mr. John Row, Tickleborough—I gave the package to the porter to take to Reeve's, at the Blue Boar—I made this entry of it in this book at the time, "Mr. J. Row, Tickleborough, per Reeve, Blue Boar"—I gave this book to the porter, and directed him to take it to the Blue Boar and get the book signed—this paper bag which is before me I believe is one that the tea was sent in—this bag was made by me—the tea was sent in bags made by me, and of a similar description to this.
JURY. Q. How do you know this bag was made by you? A. From a peculiar way I have of turning them in at the bottom—you will perceive here is half an inch turned in at the bottom—I never saw any other bags made like these.
MR. BALDWIN. Q. Are you able to state positively that this is a bag of your own making? A. I have not the slightest doubt of it—I cannot swear to the identical tea which is produced, but it corresponds with one of the descriptions of tea that I packed up and sent to Mr. Row, and with the sample I have—this invoice was written by a clerk in our house—I sent the tea according to this invoice.
Cross-examined by MR. PARRY. Q. How many hundreds or scores of chests of this tea have you in your warehouse? A. We have about one or two chests of this—there are generally forty or fifty pounds of tea in a chest—we supply very few customers in town with this tea—it is mostly for country customers—I do not know how many in the country we supply with this tea—some of them we have supplied recently—I do not doubt that other large tea-dealers have exactly the same quality of tea as ours, and have, no doubt, hundreds of customers to supply—this is a 7lb. bag—it is a sort of bag that tea would be supplied in to other houses—it is made of common paper, such as most likely would be got in any shop if a person were to go for seven pounds of tea—I put no writing on this bag when I made it—about three weeks had elapsed between the time of my sending it out, and my seeing it again—here is another bag which was made in our warehouse—the tea was turned out of the other bag into this—we send out hundreds and thousands of these bags, principally into the country—I believe our firm has been in business ten years—I am satisfied this is a bag of my own making—I will not swear it is one in which I sent the tea on this occasion.
JASPER HEAD . I am porter to Messrs. Wiley's. I received a package of tea from Mr. Brunning, on the 19th of Nov.—I took it to the Blue Boar, Aldgate, and took this parcel delivery book at the same time—I delivered the parcel to Mr. Deane, the book-keeper at the Blue Boar, in the same state as I received it, and he signed the book.
WILLIAM DEANE . I am clerk to Mr. John Thorogood, proprietor of the Blue Boar, at Aldgate—on 19th Nov. I received a parcel from Head—this is my signature to this book—I placed this parcel in the warehouse—it ought to have left our warehouse on Saturday, the 22nd of Nov., and been taken by Wren in Reeve's wagon, but I did not see any more of it after I placed it in the warehouse—Mr. Thorogood books the parcels from the ware-house—the prisoner was at that time in Mr. Thorogood's employ, and it was his duty to take goods from our office—on Saturday, the 22nd of Nov., it was his duty to drive a wagon loaded with goods to the Eastern Counties Railway at the same time that Wren's wagon went.
Cross-examined. Q. It was Wren who drove Mr. Reeve's wagon in which this parcel ought to have gone? A. Yes—they receive a way-bill at the Eastern Counties Railway, but I do not know whether that bill is checked at London or at Colchester—Wren was taken up on this charge, and a railway porter.
MR. BALDWIN. Q. Do you know whether Mr. Thorogood books the. parcels singly, or by bulk? A. They are booked singly, for the purpose of the carrier knowing what people's goods he has got, but the railway convey the goods by bulk—they do not charpe for distinct parcels.
WILLIAM PRICE (police-constable K 25.) I took the prisoner into custody on the 5th of Dec., at the Blue Boar—I asked where he lived—he told me at No. 2, Swan-court, Whitechapel—I went there with Barker, and went into the prisoner's room—I found his wife and an infant in the room—I found this bag of tea in a drawer, the prisoner's wife gave me the key of it—the top of the bag was torn from it—I put the tea into another bag.
Cross-examined. Q. He gave you his address at once? A. Yes—he said "I know nothing about it"—there was no resistance to my searching his room—his wife asked me for my authority.
HENRY CHARLES BARKER (police-sergeant H 11.) I went with Price to the prisoner's lodging—I found the tea, as he has described—I went back to the station, and the charge was read over to the prisoner—he said, "That tea was given to me by my father two years ago; I have not used much of it, because I did not like it."
JAMES REEVE . I am a carrier. I take parcels to Tickleborough—I made out the waybill on the 22nd Nov, from the Blue Boar—this is the bill—here is an entry of a bag for Mr. Row—I did not see that parcel—I made out the waybill from the book—I accompanied the goods that day—when I got to Colchester the goods tallied with the waybill except this bag, which was misting.
Cross-examined. Q. Do you contract with the railway to carry goods? A. Yes, at so much per ton—they sometimes weigh the goods at the London station—I cannot say whether they did soon this occasion—the man who goes down with the goods takes the bill with him—they have not charged me on that day 21lbs. less than the weight on the bill—they charged me in full.
MR. BALDWIN. Q. Do they charge you according to the waybill? A. Yes, they weigh the goods at the Blue Boar, and they go on that weight to the station—if they are not satisfied they weigh them again.
NOT GUILTY .
GUILTY . Aged 17.— Confined Six Months.
WILLIAM CROOKS . I am in the service of John and Frederick Tallis; they are publishers; their premises are in St. John-street; the prisoner was in their service as errand-boy. On the 15th of Nov. I gave him four parcels to take to different inns, to be forwarded to the country, and 5s. to pay the carriage and booking—Joseph Folks is in our employ—I shut up at eight o'clock that night—I did not expect the prisoner to return that night, but on Monday morning—the 5s. was more than sufficient to pay all that he had to pay, and the remainder he was to return to me on Monday morning—he had a truck to take away the parcels, and Folks went with him—the prisoner did not appear again on the Monday—he did not come afterwards at all—I did not see him again till he was taken into custody, which was on the 19th of Dec—he did not come to his work—Folks brought the truck back.
Cross-examined by MR. DOANE. Q. Are you certain as to what coin you gave him? A. No; 1 gave him 5s. in amount—when there has been an overplus of money before, the prisoner has accounted for it—I do not know
that one of the firm had told him on the Wednesday preceding that he should discharge him.
JOSEPH FOLKS . I am in the employ of Messrs. Tallis as an errand-boy. On Saturday, the 15th of Nov., I was present when the money was given to the prisoner, but I do not know what it was—there was a parcel-book, which I took with me to the inns, and had the parcels booked—I paid the money, and the prisoner minded the truck—he gave me 3s., and said, "I suppose that will be enough"—I paid 2s. 2d. for booking a parcel at the Swan with Two Necks, and I paid 2d. at the Belle Sauvage—I paid 2s. 4d. in all, and gave him a sixpence and 2d. back—he would have to pay 2d. for the truck; that would make 2s. 6d. spent—I parted with him just by the Post-office—I did not see him again till he was at the police-office.
DAVID EDWIN STATON (City police-constable, No. 248.) I took the prisoner on Holborn-hill on the 19th of Dec.—Mr. Tallis was with him, and delivered him into my custody—he stated that on Saturday, the 15th of Nov., he gave the prisoner 5s., to go in company with Folks to different inns, to deliver parcels amounting to 2s. 6d., and he ought to have returned to work on the Monday, which he did not, and he had not seen him till that day.
Cross-examined. Q. Did he say he gave him 5s.? A. He said he had 5s. given him—I asked the prisoner why he did not come to work on the Monday—he said he was sick.
JOHN TALLIS . I am in partnership with my brother; the prisoner was in our service. I gave him into custody, and stated he had absconded with half-a-crown—he said he had been ill, or he would have called.
NOT GUILTY .
406. GEORGE DICKINSON was indicted for stealing 1 boa, value 1l. 10s.; 2 paper boxes, 3s.; 1 pencil-case, 1s.; 1 fur cuff, 2s.; 12 yards of ribbon, 12s.; 1 yard measure, 4s. 6d.; 4 sovereigns, and 10 shillings; the property of George William Jones, his master.
MR. DOANE conducted the Prosecution.
GEORGE WILLIAM JONES . I am a furrier, and live at No. 101, Oxford-street. I had the prisoner in my service from March till July—he called on me in Dec, and I engaged him—he was to stop on Christmas-day, and to sleep there—on the following evening, when I went up stairs, I sent for the keys of my shop door and my side door—(if those doors were locked, no one could get into my shop without false keys)—I did not get those keys—they were usually kept on the boa-rack in front of the shop, where the boas were exposed—I was told the keys could not be found—I did not go down to ascertain whether they were there or not—I went to bed—anybody, by getting access to the shop, might get to the money-box—in the morning I went into the shop, and found the keys on the rack—I then went to the till, and missed 5l.—I called my servants together, the prisoner, another porter, and Pemberton—I asked if they knew anything of the transaction, and who had dusted the desk, and so on—the prisoner lagged behind, and said he hoped I should find it out, it being very unpleasant to him, he being the only one in the house—"Yes," I said, "it is more unpleasant to me"—I went to where he lived, in Bentinck's-mews—I found his wife there—I did not find any money, but I saw a boa on the bed—I noticed it—I went back, looked over my stock, and missed a victorine, or boa—I had but one, and that was gone—the one I saw on the bed at the prisoner's, exactly corresponded in every respect with the one I missed—I knew it to be mine—I sent for the policeman, and about five minutes before he came I called my servants up separately—I asked the prisoner
whether he had anything to say to me, and he stated that he had been persuading Joseph Pemberton all day long to confess to his guilt, as he had seen him put his hand into the till, and take out some money; and that he said at the same time, "So help me G—, it is only 30s."—I asked the prisoner where he got the boa that was at his lodging—he stated that it was given to his wife by Joseph Pemberton—I gave both the prisoner and Pemberton into custody—Pemberton was discharged, and I still keep him in my service—after the prisoner was in custody I went with an officer to search the prisoner's lodging more minutely—I found sundry pieces of ribbon, and this box, which I know is mine, I have a mark on it; and this little box, which is one of mine, and has my private mark on it—this is the victorine, or boa, and here is some ribbon of mine on the prisoner's wife's bonnet—I know it from its particular pattern—it is not soiled at all—here is about twelve yards of ribbon in this box, and here is an invoice among them, made out by my own wife—here is my own mark on the ribbon—this pencil-case is mine—it was not for sale, but was lying about my desk for some time—this yard measure and this fur cuff are mine—he had no authority to take any of them from my house—they were all found at his lodging.
Cross-examined by MR. BALLANTINE. Q. Is this what you call a boa? A. It is called a victorine or boa—there is no difference in the articles, only in the name—it is stone martin—it would fetch perhaps two guineas, or 2l. 10s.—the style of lining is a private mark—we line all alike nearly, but we had not one like it in the shop—it was not made in my establishment—I am quite sure I had seen it before I missed it—I do not recollect having seen it since I ticked it off in the invoice on the 25th of July—I have got the invoice, and I find it here a victorine, 3s., that is what I purchased it at—I sent my servant down for some keys which were supposed to be on the boa-horse, or boa-rack—she came back and told me they were not there—that servant is not here—the 5l. was in the till—the keys had nothing to do with the till, but they had to do with letting any party out during the night—I sent the servant to where the till was—there was 19l. 10s. in the till, and I missed 5l.—the prisoner was given into custody on the 27th of Dec.—these other articles are not of great value—I went to the prisoner's house before I went with the policeman—I took a cab opposite my door, and went to the corner of the mews where the prisoner lives, and I thought I would take in the cabman to protect me—that was the first time I went—Pemberton had been in my service about twelve months—I cannot point out any time when I missed these articles—I did not miss the pencil-case—I saw it about July or Aug.—the prisoner was in my service in July, and left me in July, about the same time I saw the pencil-case—I do not recollect seeing it in Aug., nor since he left my employ—I can swear I did not see it or use it in Sept., or later than Sept.—it cost me, I believe, 1s. 6d.—I had not seen the victorine after he left—I did not miss it at all till I found it on the bed—I did not know the prisoner was married—I saw a wife at his lodgings—she said this boa was hers—Pemberton had remained in my employ during the whole twelve months, with about two or three weeks' interval.
MR. DOANE. Q. Pemberton did not sleep on your premises? A. No—this victorine is worth 2l. 5s., or 2l. 10s., and the cuff and ribbon about 14s.—one of my keys would let a person out and in again at night—my house is about a mile from the prisoner's lodging—I had not missed any of these things till the 26th of Dec.
JOSEPH PEMBERTON . I am a porter in the service of Mr. Jones. I have been so about twelve months—I remember his making inquiry about the loss of 5l. from his till—I had nothing to do with taking 5l., or any sum of money,
from the till—I never gave this boa to the prisoner's wife, or anything of the kind.
Cross-examined. Q. You were unlucky enough to get charged with this robbery? A. Yes—I told them I had nothing at all to do with it—I know the prisoner's wife—if I called at his lodging it was by chance on a Sunday—I did not call to see his wife—I have not called there very often—not three or four times a week—I have called there now and then—I have never given his wife any thing—I swear I never gave her anything in my life—I never brought her anything to use, or took her any ribbon, or took anything to that house to give to anybody—I never saw this viotorine—I used sometimes to call at the prisoner's place, to tell his wife that my wife wanted her to come up to our place—I did not go to fetch her—I have been there with my wife once or twice, and sometimes my wife went by herself—I have not given evidence before.
MARY ANN STEEL . I am in the service of Mr. Jones. On the evening of the day this money was missed, while my master was absent, I was taking tea, and the prisoner came into the room where I was—I asked if he knew who had the money—he made answer, "I know who took it; it was not taken last night, nor in the night"—I said, "Was it this morning?"—he shook his head, and said, "You will know all this evening."
Cross-examined. Q. When did you see this victorine last? A. I cannot lay—I know we had such a thing in the stock, but I cannot swear to it.
Cross-examined. Q. What day was it when you brought the things? A. The boa on the Saturday night—the other things on the Tuesday—I searched the prisoner on the Saturday night—I found 2 1/2 d. on him.
HEAWOOD pleaded GUILTY . Aged 15.— Confined Three Months.
CHARLES RENDALL (police-constable N 172.) On the 80th of Dec., about seven o'clock in the evening, I saw the two prisoners, and another person with them, in the Liverpool-road, Islington—we followed them through several streets to Barnsbury-street—I there saw Heawood go to Mr. Cox's shop-window, and lift it up about a foot high—I then saw Beasley go to the window and take something out—I could not see what it was—he put it before him, and went down the street towards the other two—then the shop-boy came out and shut the window down—we went after the prisoners and took them—I took Beasley with this bag on his shoulder, and this lard and cheese were in it—I took him to the station—he there remarked that they both came from the same shop.
Beasley's Defence. I had carried the bag about five minutes when the officer took me; I received it of Heawood and the other.
BEASLEY— GUILTY . Aged 16.— Confined Three Months.
GUILTY. Aged 32.—Recommended to mercy.— Confined Six Months.
NEW COURT.—Wednesday, January 7th, 1846.
Fifth Jury, before Mr. Recorder.
GEORGE BAILEY . I live in Vineyard-walk Clerkenwell, and am a horsehair manufacturer. The prisoner was in my service—on the 22nd of Dec. a person called, and gave me information—on the 23rd the prisoner came to work, and was detected in taking horse-hair.
JAMES BAILEY . I am foreman to Mr. Bailey. I saw the prisoner, on the 23rd of Dec, go to a pile of hair in the shop where she works, take some hair off that pile, lift up her clothes, and put it into a large pocket which she had tied round her—I informed my employer, a policeman was sent for, she was taken and searched, and this hair was found on her—it is of the same quality and description as that we had in the pile she went to.
Cross-examined by MR. PARRY. Q. How long has she worked there? A. About three years—she did piece-work—she earned 8s. or 9s. a week by working from eight o'clock in the morning till eight or nine at night—there were no persons in the workshop where she took this but herself—I was in the shop above—there is a large hole cut out of the floor—I was looking through that and saw her—some work was done on the premises, and some was given out—the prisoner worked on the premises, and those who worked on the premises were not allowed to take any work home—she was an outdoor worker about nine months ago—the out-door workers take work home, but not in this state—this pocket would not be useful in her business.
GUILTY . Aged 35.— Confined Six Months.
(The prosecutor stated he had lost 70l. worth of hair.)
(The prisoner being a foreigner had the evidence communicated to him by an interpreter.)
BENJAMIN HAZELDINE . I am in the service of Mr. John Annis, a pawnbroker—he lost an oil painting on Wednesday, the 17th of Dec.—this is it—the prisoner had been in the shop five minutes before we missed it.
JOHN LINSCOTT . I am a pawnbroker, and live at No. 105, High-street, Whitechapel. On the 17th of Dec. this painting was pawned by the prisoner for 10s.—he called again two days afterwards, and offered to sell the duplicate—he was then given into custody.
Prisoner. It is the truth, I went to sell the ticket and was put in charge.
BENJAMIN HAZELDINE re-examined. This is the painting—it is the property of Mr. John Annis—it was lost from his shop in the Minories, about a quarter past nine o'clock in the morning, and was pawned at Mr. Linscott's between three and four that afternoon.
Prisoner's Defence. A person gave it me; I do not know him by name; if I should see the man I should know him; he was a countryman, he wanted me to pawn it, and he would give me 1s.; being a poor man I went to pawn it;
he gave me a sixpence and left me the ticket; I was in the gentleman's shop and left two gentlemen and one woman in the shop.
BENJAMIN HAZELDINE re-examined. He offered to pawn a clarionet—there was no other person in the part of the shop where he was—there were other persons, but there is a partition across the shop which parted them.
PATRICK MANNING (police-constable H 160.) I produce a certificate of the prisoner's former conviction, which I got at this Court—(Read—Convicted on 8th of April. 1844, of burglary, and confined eighteen months)—the prisoner is the man.
GUILTY . Aged 33.— Transported for Ten Years.
Before Edward Bullock, Esq.
GUILTY . Aged 44.— Confined Twelve Months.
412. MARY GREEN was indicted for stealing 1 pair of scissors, value 6d.; the goods of Jane Whatley; 1 pair of scissors, 6d.; the goods of Susan Bartwell: and 2 pair of stockings, 2s.; and 1 pair of gloves, 6d.; the goods of Richard Meesom, her master; to which she pleaded
GUILTY . Aged 17.— Confined Three Months.
GUILTY . Aged 28.— Confined Six Months.
MR. DOANE conducted the Prosecution.
JOHN ARCHER (police-sergeant G 8.) On the 17th of Dec, in consequence of instructions, I placed myself near Reid's brewery, in Liquorpond-street, about half-past six o'clock in the evening—I saw Mr. Smith's cart under the shoot of the brewery and the grains were shot in—there was a lad in the cart treading the grains down as they were shot in—I saw Tubbs standing between the wheel of the cart and the brewhouse wall—he had something like a part of a tin kettle in his hand, and as the grains came down the shoot into the cart I saw him guiding the grains so as to fall into a bushel basket which he had—he filled his basket, the grains were hot and smoking very much, which prevented the boy in the cart seeing what was going on below—when Tubbs bad got his basket full he took it across the road, and I saw a cart standing near Laystall-street—Badham was in the cart, and Tew standing close to the back part of it—Tubbs took the grains to Tew—I drew as close as I could get—Tew said to Tubbs, "I will give you 3d. for this"—Tew then took up the grains and handed them up to Badham, who was in the cart—Badham emptied them out, and returned the basket to the ground—Tew then gave Tubbs 6d. and said, "Can't you get me another bushel?"—Tubbs said, "O yes"—he took up the basket, but he saw me, threw it down and ran away—I secured the other two prisoners, and Coombs who was with me, ran after Tubbs.
Cross-examined by MR. HORRY. Q. Was the boy who was in Smith's cart before the Magistrate? A. No, he did not see anything of it—it was an ordinary cow-keeper's cart—in the first instance I was coming out of Gray's Inn-lane,
down Liquorpond-street—I saw Tubbs by the cart—I was about ten yards off—there are no lights on that side—there is a public-house just opposite, and a great light from there—I have seen some grains on the pavement, not a great deal—I took the grains out of the cart, there was not a great deal of dirt and mud about them—there was a boy in the cart stamping the grains down—the shoot did not come down to the cart by four or five feet.
Cross-examined by MR. BRIERLY. Q. How did Tubbs contrive to reach the grains? A. He had one foot on the wheel of the cart—I should think I did not observe this above two minutes, and the boy was trampling about all the time in the cart, but from the heat of the grains, and the foil of them it was impossible for that boy to see Tubbs—it was not a very dark night—the other cart was in the same street about twenty-five yards off.
MR. DOANE. Q. Did Tubbs take the grains off the pavement, or direct the stream of them into his basket? A. He directed the stream into his basket.
WILLIAM COOMBS (police-constable L 94.) I was present, and took Tubbs into custody—when he was at the station I went to search him and he pulled out a sixpence, and said, "That is the sixpence the man gave me"—I saw Tubbs bring the basket load of grains to the cart, Tew lifted it upon the tailboard, and Badham took it into the cart.
RICHARD SMITH . I am a cow-keeper and live in Exmouth-street, Spafields—I have a contract with Messrs. Reid's to take a certain quantity of grains two days in a week—On the 17th of Dec, I sent a man and a boy with two horses and 8 cart for grains—I never sell a bushel of grains under sixpence.
Cross-examined by MR. PAYNE. Q. Do not you know that other people sell them cheaper? A. I do not know any person round me who sells them cheaper—I know Rhodes advertises grains at 1s. a quarter, but they are stale, we give them to cows when we cannot get fresh ones—horses would almost starve before they would eat them.
THOMAS AUSTIN . I am principal brewer to the firm of William Reid and others—Mr. Smith is one of our contractors to take grains—they take them from us, and take them away—the 17th Dec. was the day Mr. Smith was to have some grains.
Cross-examined by MR. BRIERLY. Q. What is the retail price of a bushel of grains? A. I do not know, we have sold them from 1s. to 3s. 6d. a quarter—that is for a quarter of malt, not a quarter of grains—and he has to pay a 1d. a quarter for grains being taken away—it is common for boys to come and take the grains that fall on the pavement, but they take more from the carts than from the pavement—we have a great many carts, and a great many boys and people about picking up the grains.
NOT GUILTY .
415. JOHN CONCANNON was indicted for stealing 1 box, value 7s.; 3 waistcoats, 7s.; 4 handkerchiefs, 12s.; 1 ring, 8s.; 1 5-franc piece, 4s., 2d.; 2 sous, 1d.; 27 sovereigns, 1 half-crown, 1 groat, and 3 pence; the property of Joseph Nicholas Henriot:— also 27 sovereigns, the monies of Auguste Cardon: and 1 box, value 10s.; 1 cloak, 5l.; 2 waistcoats, 5s. 3 shirts, 6s.; 6 handkerchiefs, 6s.; 2 pair of spectacles, 12s.; 3 razors, 3s.; 4 pair of socks, 3s.; and I magnifying-glass, 2s.; 1 2-franc piece, 1s. 8d., and 5 sovereigns; the property of Jean Pierre; in the dwelling-house of George Loft; to all which he pleaded
GUILTY . Aged 26.— Transported for Ten Years.
Robert Hamilton, a boarding-house keeper, in Princes-street, Leicester-square;
Mr. John Devereux, of Hammersmith; and Mr. John Pearce, an engraver; gave the prisoner a good character.
ANN OAKEY . I am a widow, and live at No. 76, Liston-grove, North, in the parish of St. Marylebone. It is my own dwelling-house—about the 30th of June the prisoner came to my house—he had a female with him, who passed as hit wife—the prisoner stated he had just come by the railway, and would tike my apartments to lodge there—I let him my second floor back room till the drawing-rooms were empty, which would be in a fortnight—he and his wife took possession that night, and remained there till the 9th at Sept.—the prisoner said he was Captain Kelly—on the day he left; I missed a gold watch of mine out of a trunk—I had seen it about a week before—the trunk was not locked—it was kept in a wardrobe in the front kitchen—I went up stairs, and missed it—on coming down again I met the prisoner coming out of a room—he said to me, "What is the matter? you look extremely pale"—I said, "I have lost my husband's gold watch out of the trunk"—he said, "What a shame it is to rob a lone woman"—he did not say anything more to me about it—I went to my mother's to tell her about it, and next morning I received a note—I went home the next morning, and the prisoner and his wife were gone—the prisoner never returned—I went into his room and missed a razor and case, which had been my husband's.
Prisoner. Q. Did you lend me that razor? A. On my oath I did not—I gave you a cravat—I missed this watch on the day you absconded—the people of my house had access to where the watch was—no stranger could have access to it—I did not accuse a servant about the watch—you asked me who I thought it was—I said I did not know—I did not accuse anybody of having taken it before I missed it—there were no girls working there—there were persons working in the back kitchen—they had not access to the front kitchen—my kitchen was not locked, nor the trunk—I did not tell Miss Donalds that I had lost anything out of it—I did not mention that I had frequently lost things out of my trunk—I left the key of my press at a linendraper's six months previous to your coming—I accused you of having stolen my watch when I saw the case of it.
THOMAS DRISCOLL . I am assistant to a pawnbroker in Lower John-street, Golden-square. I produce this gold watch-case, which was pawned with me by the prisoner on the 10th of Sept.—I can swear to the prisoner being the person—he gave me the name of John Wilson—he came to me afterwards on the 1st of Nov., and said the duplicate had been stolen from him—he requested the form of an affidavit, as is usual in such cases—I gave it him—this is the form I gave him.
Prisoner. Q. Did I pawn that watch-case? A. Yes—I am quite sure you did.
JOHN GRAY (police-sergeant C 10.) I took the prisoner on the 16th of Dec. at No. 10, Boyle-street, Regent-street, on a charge of stealing this razor which I found there—he denied stealing it, and said Mrs. Oakey lent it him—there was a carpet-bag upon the floor—I opened it, and found in it the affidavit respecting the watch-case, and some duplicates, in a pocket-book—I went to the pawnbroker's and saw the watch-case, and Mrs. Oakey identified it.
Prisoner. Q. How do you identify that case? A. I know it by the peculiar colour of the gold—it has been in the family for forty years—my husband always wore it—I never used it, but kept it in that trunk, considering that no person would go to it—I never lent it to Mr. Holdsworth or to any one—it has no peculiar mark on it, but I have had it so often in my hand that I can swear to it.
Prisoner's Defence. I never stole the watch nor the razor; the razor she lent me, and she knows it perfectly well; and there is a person who will state that she lent this watch. On the morning she stated she lost it she got drank in the drawing-room with my wine and spirits, and there was a female she accused of stealing the watch.
MISS SHAW. I do not know anything about this razor—I thought the razor was lent, but I would not say—I know Mrs. Oakey went into fits several times—I did not know she was intoxicated—I heard her say she would lend the prisoner a razor—I do not know that she did—I believe that she did lend a watch, but she has two or three—I do not know which watch it was—she thought it was the servant who stole this watch, but she did not know who it was.
GUILTY . Aged 61.— Transported for Ten Years.
(There was another indictment against the prisoner.)
MARY ANN RICHARDS . I am in the service of Francis Weaver, who keeps a tobacconist's shop, in the Lower-road, Islington. On Saturday afternoon, the 27th of Dec, about a quarter past four o'clock, the prisoner Porter came into the shop—I had seen him in the shop before—he asked for half an ounce of tobacco—I served him, and be paid for it—the other two prisoners came together to the shop-door just as I was serving Porter—(I had seen them before)—Probert asked for a Christmas-box—I said I would not give him one—while I was speaking to him I saw Porter put his hand across, and take some cigars from a case on the counter opposite the door—I told him he had taken the cigars, and I would give him in charge if I saw a policeman—he dropped one cigar on the floor—I went round and picked it up—I was about to look for a policeman when two customers came in, and prevented my leaving the shop—while I was serving them I saw the three prisoners stand at the window and divide the cigars amongst them—they then went up the road together—I told Cooper of it—I gave the cigar which I picked up to Mrs. Weaver, and I saw her give it the policeman.
Porter. I wish to know how many cigars she saw me take. Witness. A handful—I should say twelve—I had just filled the case up—it holds three dozen—there were no partitions in the case he took them from—there are other cases there—I saw him give Probert two cigars—they were all three together at the window.
JOHN COOPER . I live at No. 22, Lower-street, Islington. Richards gave me information, and about ten minutes after I saw Porter about twenty yards off, and Probert with him—I pointed out Porter to the policeman, and he was taken—Probert went away then, and I lost sight of him.
Probert. He said he thought he saw me with Porter. Witness. I am sure I saw him with him—I might have said I thought so.
PAUL PRITCHARD (police-constable N 275.) I took Porter into custody—I told him I wanted him on suspicion of stealing some cigars—I took him to the station—he told me he knew nothing about it, and had not done anything
to be taken for—on the way to the station he made a sudden jerk to get away, and tried to push me into an open cellar, but I got him to the station.
JOHN DENNIS (police-constable N 281.) I took Probert—I told him I wanted him for a felony—he said he knew what I wanted him for, and be would go back to the woman at the shop—I took him to the station—as we were going he made a struggle, and assaulted one who was helping me, and he called to a lame lad to assist him.
Porter's Defence. On the 27th of Dec. I had been in a public-house all the morning, and I went to this shop for some tobacco; it is a shop I always use, and they would have trusted me; I cannot say but that I might have knocked some cigars down; I was very tipsy; I came out, and the witness did nothing to me; I did not go a hundred yards from the shop, and the officer came and took me; neither of these lads were there.
Probert's Defence. I know nothing at all about it.
Brummell's Defence. I know nothing about it; I used to work for Mr. Weaver, and he said he would give me a good character.
EDWARD JEFFERY (police-constable N 259.) I produce a certificate of Porter's conviction at this Court—(read—Convicted 16th Sept., 1844, having been before convicted, and confined twelve months)—I was present at the trial—he is the person.
PORTER— GUILTY . Aged 20.— Transported for Seven Years.
NOT GUILTY .
ROBERT DENNISON . I am sub-steward of Gray's Inn—on the 29th of Dec., about two o'clock, some person had the keys of a set of chambers there, which are mine, and were to be let—about five o'clock that day I went to my office, and there I ascertained there had been a robbery—I went to the station and saw these carpets which had been taken from my chambers.
WILLIAM HOLDER (police-constable E 100.) At half-past four o'clock on the afternoon of the 29th of Dec, I saw the prisoner coining down the stairs of the prosecutor's chambers, which are No. 6, South-square, Gray's Inn, with these carpets—I asked what he was about to do with the carpets—he muttered something, but I did not understand him—he ran up stairs, and said to some person up stairs, "The policeman is below, say all is right"—I stood at the foot of the stairs, looking up, and the prisoner came down and two other persons followed him—I secured him—the others got away, but I held him—he dropped these carpets in the passage, and I took them—these are them—he wanted to know what I meant by holding him there, and wanted me to let him go—I said I should not let him go—I asked what he was going to do with the carpet, and I believe he said he was sent to carry it—I stated at the office that I asked him by whom he was sent, and where he was going to take it.
Prisoner's Defence. Two gentlemen touched me on the shoulder, and said did I want a job; I said, "Yes;" I went across some squares to this place; they told me to wait on the stairs, and they gave me this to take to Holboron.
GUILTY . Aged 21.— Transported for Seven Years.
419. ROBERT CARTER and JOHN GRIMME were indicted for feloniously breaking and entering the dwelling-house of Richard Thompson Furness, on the 29th of Dec, at St. Marylebone, and stealing therein 9 cheroots, value 1s. 6d., and 9 cigars, 1s. 6d., his property.
RICHARD THOMPSON FURNESS . I am the son of Richard Thompson Furness, of No. 40, New Church-street, in the parish of St. Marylebone—it is my father's dwelling-house—he lives in it, and pays the rent—no other person lives in it—we keep a shop—I remember on the 29th of Dec. I left the house a little before two o'clock in the afternoon—when I left, the window was shut down, and all was safe—I came back in about half an hour and found one pane in the window was cut—I missed about eighteen cigars and cheroots which had been in a bundle in the window—I have seen some pieces of cigars produced—it is like those I lost.
WILLIAM POUND . I am a shoemaker, and live in Duke-street—between two and three o'clock in the afternoon of the 29th of Dec. I was in Church-street, Marylebone—I saw the prisoners and two or three others near the prosecutor's shop—I saw Carter, with something in his hand, working at the window—I watched them a few minutes—I then went on, came back, and they were running away—I told an officer, and took Carter—he was smoking a cigar, and I saw some pieces of cigars found on him.
JOSEPH WEST . I live in Lant-street—on the 29th of Dec. I was in Church-street, near Portman-market, between two and three o'clock—I saw the prisoners in company with eight or nine more—there was a fight with a butcher and another man—Carter said to Grimme, "Now is the time; now they are having a fight; we can have the lob"—they crossed over to the prosecutor's shop, and I saw Carter with something in his hand working between the putty and the glass and frame—I heard a piece of glass fall—I looked and saw Carter put his hand in the window, and take some cigars out—he turned and went to the next door, then Grimme took some out of the window—they joined at the end of the street, and Carter gave some to the others—I looked round and saw the policeman—Pound was speaking to him.
Grimme. Q. Did you see me take any? A. Yes, you put your hand in and took some cigars.
HANNAH RUDGE . I was servant to Mr. Furness, I was at home that afternoon—I went in the area and heard a boy say, "We will go halves"—I looked up and saw the two prisoners on the area—I came up and they were standing opposite the market—I did not hear any glass.
JOHN GRAINGER (police-constable D 21.) I received information and took the prisoners—I went to the window and saw a pane of glass was cut, as if some sharp nail had been forced in the putty, and apiece of glass taken out—I found in a skirt pocket of Carter's seven cheroots—he said, "What the b—y hell are you going to search me for."
Grimme's Defence. I know nothing of this boy; I was standing till the fight was over.
CARTER— GUILTY .* Aged 14.— Confined Six Months and Whipped.
GRIMME— GUILTY . Aged 14.— Confined Four Months and Whipped.
WILLIAM FLIGHT . I live at No. 60, New Church-street, St. Marylebone, and am a shoemaker. On the 26th of Dec. I lost four pairs of boots, between one and two o'clock in the day—they had been hanging in front of the shop door—I saw them safe at one o'clock, and missed them about half-past one—I afterwards found one pair of them at Mr. Trail's, a pawnbroker, in Church-street—the others are not found.
THOMAS SAINT . I live in Exeter-street, Lisson-grove—a little after one o'clock, on the 26th of Dec, I saw two persons, one of whom I firmly believe was the prisoner—I would not positively swear to him, but I have no doubt about its being him—they were at Mr. Flight's shop window—soon after that my attention was called by my wife and they were both running away—the one who I believe to be the prisoner stopped in Church-street and pulled out Mmething from his jacket, which I saw was either boots or shoes—I saw the soles of them, I did not Bee what he did with them—I went to Mr. Flight's and gave information.
ELIZABETH WHITE . On Friday the 26th of Dec., about one o'clock, the prisoner was standing at the street door of No. 20, Steven-street, where I live—he asked if I wanted to buy a pair of boots, I said, "No," and I asked him where he got them—he said he was going up Church-street and picked them up—I told him I would ask my landlady if she would buy them, and she bought them for her son's wife—I gave the prisoner 1s. 6d. for them—these boots are like them, but I could not swear these are the boots.
ELIZABETH SACHEVERALL . I live at No. 13, Canal-terrace, Camden-town. I was at No. 20, Steven-street, about one o'clock that day, and White asked me to buy a pair of boots—I said I did not want them—my son came in and asked me for 1s. 6d. to pay for them—he said they would fit his wife—I said, "If I lend you 1s. 6d. I shall have to take them to Mr. Trail's, in Church-street, to get my money to take me home"—I took the boots I got from White to Mr. Trail.
EDMUND CALLAHAN (police-constable D 134.) About eleven o'clock on Sunday the 28th of Dec. I took the prisoner in Steven-street—I told him I wanted him for stealing some boots from Mr. Flight's—he said, "Who said I stole them?"—at that moment White was coming along with an officer, and the prisoner said, "Did Bet White say I stole them?"—I said, "No"—White then said, "I sold a pair of boots for him, and gave him the 1s. 6d."
GEORGE THORNTON (police-constable F 109.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted the 25th of Feb., 1845, and confined six months)—the prisoner is the person—he had been in custody before, and he is one of the thieves that infest Marylebone.
GUILTY . Aged 18.— Transported for Seven Years.
421. THOMAS ROBERTS and WILLIAM ROBERTS were indicted for feloniously breaking and entering the shop of Charles Gray, on the 24th of Dec, at South Mimms, and stealing therein 9lbs. of beef, value 10s.; 51bs. of pork, 5s.; and 21bs. of mutton, 2s.; his property: and MARY ROBERTS for feloniously receiving the same, well knowing it to have been stolen; &c.
WILLIAM ROBERTS pleaded GUILTY .— Confined Twelve Months.
CHARLES GRAY . I am a butcher, and carry on business at South Mimms. On Thursday morning, the 25th of Dec, I went to my shop—I observed the door over the slaughter-house and the shop had a piece of board broken off it.
and the door had been opened—I have to go under a covered way from my house to the slaughter-house—the latch of the slaughter-house had been undone inside, and the door was open—I had observed the door on the Wednesday night at seven o'clock—it was safe and locked up—the loft door was all safe—I locked the shop-door, and put the key into my pocket—the next morning the loft door and the slaughter-house door were open—I had had nothing in the slaughter-house the day before—I had beef, mutton, and pork in my shop—I missed about nine pounds of beef, eight or nine pounds of pork, and two or three pounds of mutton, about twenty pounds altogether, which was all safe at seven o'clock the night before—I went to the police-station, and sergeant Chambers went with me to the house of Mary Roberts on the Thursday morning—I knew her before, and the other two prisoners; they are her sons—we found a piece of beef in an iron pot, partly boiled, and up stairs two pieces of pork in Thomas Roberts's bed—(he lives there with his mother)—I knew the pork to be mine by my own cutting—part of the beef was gone—the officer took Thomas Roberts into custody—he said he did not know anything about it, his brother William must have brought it there—I went to the station, and gave charge—I then went to Thomas Roberta's sister's house—I saw a piece of pork there which I knew to be mine—Thomas Roberts had worked at my place—there was a ladder against my loft window, and a piece of the loft window was broken—a person could put their hand in, open the window, and get in there—the loft door was broken, and a person could get into the shop then.
JOHN CHAMBERS (police-sergeant S 27.) On Christmas-day I went with the prosecutor to Mary Roberts's house—I found a piece of beef in a pot behind where she sat—I showed it to the prosecutor—he said, "That is a piece of my beef"—I asked Mary Roberts to go up stairs with me—she went to a bed in the corner of the room, which Thomas Roberts said was his bed—Mary Roberts turned a few things down on the bed, and said, "Here are some dirty things which you won't like to handle;" she, however, kept her hand in the middle of the bed, and I felt convinced she was concealing something—I said, "You must allow me to search for myself"—I turned down the bed, and found two pieces of pork—I took Thomas Roberts to the station—on the morning of the 29th the prisoners were all together, and William Roberts said to the others, "You had nothing to do with the robbery; I did it"—I said, "Recollect you have been cautioned that what you say will be used against you"—he said, "I can't help it; I did it; the others had nothing to do with it"—I said, "How came the pork in your brother's bed?"—he said, "I put the pork into my brother's bed."
THOMAS BARNARD (police-constable S 173.) On Christmas morning I went with sergeant Chambers to the prisoner's house—Thomas Roberts was there with his mother—I was present when the beef was found and shown to the prosecutor—I was left below with Thomas Roberts, and he said, "I know nothing about it; my brother Bill must know about it, for he was in the house at half-past seven o'clock, and I heard him whispering"—I went and found William Roberts in the village—I said I wanted him on suspicion of breaking into the butcher's shop—he said he did not wish to say anything—I went to his sister's, and found a piece of pork, which the prosecutor identified—I afterwards took Mary Roberts into custody—she said, "I know nothing about it; I know the meat was in the house; I thought my son had bought it."
Thomas Roberts's Defence. I am innocent; I and my mother were in bed and asleep.
NOT GUILTY .
THIRD COURT.—Thursday, January the 8th, 1846.
Second Jury, before Edward Bullock, Esq.
422. ROBERT STUDLEY EASTCOTT was indicted for stealing, on the 84th of Dec, at St. George Bloomsbury, 1 gun and case, value 10l.; 1 shotbag, 5s.; and 1 powder-flask, 5s.; the goods of Harris John Holland, in his dwelling-house.
HARRIS JOHN HOLLAND . I am a tobacconist, and live in King-street, Holborn; I occupy the house; it is in the parish of St. George, Bloomsbury. The prisoner lodged with me six or seven weeks, and left on Saturday, the 20th of Dec., without giving any information that he was going—he had a key of the door—on the Tuesday morning following I missed a gun, which I had seen safe on the Saturday previous—this now produced is it—I know it well—it is mine, and this shot, bullet, and powder-flask I know also—the gun was in a case—I did not see the prisoner again till he was in custody.
JOSIAH REID . I am foreman to Mr. Braggs, a gun-maker, in the Strand. On the morning of the 23rd of Dec. the prisoner brought a gun to the shop, and offered it for sale—I declined buying it—he brought the case and bag with it—I am certain it was him.
JAMES ENGLAND (police-constable F 110.) I took the prisoner into custody on the 30th of Dec, at Mr. Elliott's, an optician, in Holborn—I told him I took him on suspicion of stealing a gun, and while I was finishing the sentence he said, "I am the person"—I found on him this latch-key.
MR. HOLLAND re-examined. This is the key of my street-door—the gun ii worth about 10l.
Prisoner's Defence. I had previously borne a good character, and was never in circumstances of the sort before; I was ashamed to write to my friends, and am extremely sorry.
GUILTY .— Confined Six Months.
GUILTY . Aged 17.— Confined Six Months.
public-house, at the bottom of Denmark-street—the prisoner came in afterwards—there was a row going on—a few words occurred—I cannot tell who she was quarrelling with—it was not with me—she struck me on the left side of the head with a pot, which cut my head, and made it bleed—I had not done anything to her before that—I do not know how she came to hit me.
Prisoner. I came in, and he was dancing; he pushed up against me; I told him not to do so, as I was intoxicated; he struck me several times before I took up the pot. Witness. I did not—she was intoxicated—I had never seen her before, and had no quarrel with her—she took the pot off the table, and struck me on the head immediately.
SAMUEL WAKELING (police-constable H 174.) On Saturday afternoon the prosecutor came to me about one o'clock—I saw his head was bleeding very profusely, right down into his neck—he took me to the Kettle and Drum public-house, in Rateliff-highway—I found the prisoner there—he gave her into custody—I told her she must come along with me—she said she would come when she liked—she was intoxicated—she dared me to lay a hand on her—I said I did not wish to do so if she would come quietly—I let her be for a minute or two—she did not offer to come—I laid hold of her to take her out, but she was very outrageous—with the publican's assistance I got her out—when we got her outside she laid on the pavement—I tried to get her up, and she laid hold of my thumb in her mouth and bit it—I have the marks now.
MARK BROWN GARRATT . I am a surgeon. I examined the prosecutor's head on the Saturday evening, the 27th of Dec, very shortly after it happened—I found a contused wound on the left side of the head, of considerable depth, down to the bone—it was not an incised wound—not done by a knife—the skin and flesh were separated down to the covering of the bonethere was a considerable quantity of blood.
Prisoner's Defence. He struck me several limes before I hit him with the pot; and as to biting the policeman's thumb, I will take my solemn oath I did not; he hurt it in lifting me up.
GUILTY of an Assault. Aged 23.— Confined Six Months.
NEW COURT.—Thursday, January 8th, 1846.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 16.— Confined Six Weeks.
GUILTY .* Aged 13.— Confined Twelve Months.
427. EDWARD OWEN was indicted for stealing 8 1/2lbs. weight of raw coffee, value 8s. 6d., the goods of John William Taylor and another, his masters, in a barge in a certain port of entry and discharge; to which he pleaded
GUILTY . Aged 44.— Confined Six Weeks.
428. GEORGE MITCHELL was indicted for embezzling and stealing 12l. 12s., which he received on account of Thomas Cox, his master: also, for stealing 2 sovereigns, 1 sixpence, and 3 5l. notes, the property of Thomas Cox, his master; to both which he pleaded
GUILTY .— Confined Twelve Months.
JOHN SPITTLE (City police-constable, No. 671.) I was on duty in Sun-street, Bishopsgate, on the 29th of Dec—I met the prisoner about five minutes before three o'clock in the morning—she had two pails, two brushes and some other things—I asked her whose property they were—she said her sister's, and she had brought them from her mother in Redcross-street—these are the things.
MARY ANN EDWARDS . I am the wife of Thomas Edwards. This pail belongs to me, and this scrubbing-brush I can swear to by a black mark on it, and by its being broken, and these pattens belong to me—I had these things all safe on Sunday-night, the 28th of Dec., at half-past eleven o'clock—I left them outside my room-door, on the landing-place, at the house where I live,
in Lamb's-passage—the outer door of the house is open all day and all night—there is only a latch to the door.
Prisoner. On that Sunday afternoon I met a woman in Bishopsgate-street with these things; she asked me if I knew where she could get some money on them; I told her if she went down in Horseshoe-alley there was a shop; she left one there for 1s., and asked me to take another, and I left it for 8d.; we stopped till ten in the evening; I then went and walked about Finsbury-square; I came down the alley then, and found the woman very tipsy, and these things with her; she was an Irishwoman, and had a black dress on; she asked me to take these pails to the coffee-house, and stop there till she came, and the policeman stopped me at the bottom of Sun-street; I told him my business, and he let me go; I stopped about half an hour, and then he took me.
JOHN SPITTLE re-examined. She told me she brought them from her mother's house in Red Cross-street—the sergeant said I should go there, and then she said it was useless for me to go there, her mother did not live there—she said after that she had met a woman with them.
Prisoner. I did not know what to say; the woman told me she lived in Petticoat-lane; there was only one woman saw me with her; her name is Ellen Brock; I did not know there was such a person as the prosecutrix, or that there was such a place; I came up to town to see if I could find my goodfor-nothing husband; I have not had a home in London; I can say if I were going to die this minute that I never stole those things.
JAMES FOY (City police-constable, No. 650.) I produce a certificate of the prisoner's conviction from Clerkenwell—I know the prisoner—I was a witness on the trial to which this certificate refers—(read—Convicted 8th April, 1845, and confined six months)—she is the person.
(There were two other indictments against the prisoner.)
GUILTY. Aged 24.— Judgment Respited.
GUILTY. Aged 35.—Recommended to mercy. — Confined Six Months.
JOSEPH EAMES . I keep the Red Lion, at Pinner. The prisoner was my servant of all work—she borrowed 1s. 6d. of me to get a bonnet—I received information which led me to suppose she had laid out a larger sum of money than she had had of me—I asked where she had got the money she had been laying out that evening—she said she brought it with her to my house—I missed a sovereign, and 10s. 6d. in silver from a drawer up stairs—it had been there on Sunday morning, the 21st of Dec, and I missed it on Monday evening, the 22nd—money was not marked.
ANN CHURCH . I am the wife of Abraham Church. I keep a general shop at Pinner—the prisoner came on the 22nd of Dec, about seven o'clock in the evening—she purchased a pair of cloth boots, a bonnet, and some ribbon, which came to 9s. 2d.—she gave me a sovereign to pay for them—I put it into my pocket—I did not keep it separate.
said she hoped her master would forgive her, and she would never rob him any more—she gave me up 13s. 5 1/2 d., and said that was all she had left—she said she had bought a new pair of cloth boots, which she fetched and gave me.
JOSEPH EAMES re-examined. Q. Have you a daughter named Emma? A. Yes—she is not here—she is only eight years old—I heard the prisoner say before the Magistrate that my daughter gave her the money—it was not taken from the till, but from my bed-room.
GUILTY . Aged 17.— Confined Six Weeks.
GEORGE BRIANT . I am a clerk in the public drawing-office in the Bank of England. On the 22nd of Dec. I paid Mrs. Barker a 50l. Bank note, No. 21525, dated the 6th of Oct., 1845—that note came back into the Bank on or before the 6th of Jan.—this is it.
CHRISTIANA BARKER . I am the wife of James Barker, of Ely-place, Holborn. On the 22nd of Dec. I received a 50l. note from Mr. Briant—I put no mark upon it—I suppose this is it—I had it in my purse with seven sovereigns—I went to Mr. Levy's, a fruiterer's, in Botolph-lane, Lower Thames-street—I had my purse quite safe there, and put it, as I thought, in the bosom of my dress, but I had a shawl on, and it may have fallen through, because the shawl was tied round my neck at the time, under my scarf—I then went into an omnibus from the corner of Leadenhall-market, in Leadenhall-street, to the corner of Chancery-lane—I then went to Mr. Hodson's, an auctioneer—I was going to pay him 52l., some odd shillings—I there missed my purse and money.
RICHARD GRIFFITHS . I am a draper, and live at No. 246, Strand. On the 24th of Dec, about half-past one o'clock, two women came to my shop—I could swear Sears was one—I could not swear that Chalk was the other—there was a soldier with them—they all came in together—they purchased four shawls, four dresses, and some lining, which came to 5l. 2s. 8d.—Sears tendered me a 50l. note to pay for the things—she and the soldier had more particularly purchased the goods—the other female had not purchased anything, but she made some remark respecting the goods, which I do not remember—I had not sufficient change, and I gave the 50l. note to Higgins to get change—I afterwards saw the dresses I had sold in the hand of Eastland the officer.
Cross-examined by MR. HORRY. Q. Did you observe whether there was another soldier about the shop outside? A. No—the soldier looked at the dresses, and said which he liked, and some that he thought suited, and so on—Sears appeared the principal person, and she tendered me the note—the soldier appeared as if they had come with him, and under his direction.
COURT. Q. They seemed all one party in buying, and the soldier and Chalk interfered with their advice and opinion? A. Yes.
WILLIAM HIGGINS . I received a 50l. note from Mr. Griffiths—I took it to Mr. Faulkner—he changed it for gold and another note—I took it home—I saw Sears receive her change, 44l. in gold, and the rest in silver.
GEORGE FAULKNER . I am a licensed victualler, and live in Serle's-place. I changed a 50l. note for Higgins on the 24th of Dec.—I did not mark the note, but paid it away to Mr. Webb on the Saturday following—I had no other 50l. note.
I received a 50l. note from Mr. Faulkner—I put the name of George Faulkner upon it, and paid it into Messrs. Rogers—this is the note.
THOMAS EASTLAND (police-sergeant T 17.) On the night of the 24th of Dec. I went to the King of Prussia public-house in High-street, Kensington—I found the two prisoners and three soldiers in company in that public-house—I took Chalk into custody first—I asked her what they had got in a bundle which they had—she said some gown-pieces and shawls, and they had founda a 50l. note between the wheels of an omnibus in Phœnix-mews, Nottinghill—she afterwards said they had been to a pawnbroker's, and while in the shop a man offered them 10l. to get the 50l. note changed, which they did, and when they got it changed the man was gone, and they could not find him—both the prisoners said that—I took Chalk to the station, and returned to take Sears—I saw her run away—I followed her a short distance down the street and took her—on the way to the station Chalk threw away this small parcel, containing lace, a woman's collar, and two pairs of children's socks—there were five parcels of grocery goods found upon Sears—both the prisoners were drunk—1l. 13s. in silver, and 1s. in coppers was found upon Sears, and upon Chalk 29l. in gold, tied in the corner of this apron, and three sovereigns, one half-sovereign, and 1s. inside the sleeve of her gown by the wrist—this is the bundle the prisoners had—it contains the things bought at Mr. Griffiths' shop.
Cross-examined. Q. I believe a soldier was taken into custody at the same time? A. He was not taken into custody, he was confined to barracks—he was discharged by the Magistrate—I have not seen him here—the prisoners were charged with having these goods in their possession, and giving no satisfactory account of them—I did not know then about the note.
CHRISTIANA BARKER re-examined. The evening was dark, and I did not take notice what omnibus I took—I got in at the corner of Leadenhall-market—it rained heavily at the time—I took no notice where the omnibus went—I got out opposite Chancery-lane—I did not notice what persons were in the omnibus—there were very few indeed when I went in, and not a great many entered it afterwards—I did not notice whether there were women there—I received the note between two and three o'clock, and was at Mr. Levy's about four o'clock, I should think—I had called in King William-street, but I had no need to take my purse out till I was at Mr. Levy's—I had put it into my bosom at the Bank—I put it back, as I supposed, and the person who served me with the fruit saw me put the purse in my bosom—I then got into the omnibus—the note was put with the sovereigns into the purse—I had handbills printed next morning—these bills were out on the 23rd of Dec.—it was a red purse, studded with steel beads, steel rings, and a 50l. note in it, with a letter which had my address upon it.
JURY. Q. How did you pay for the omnibus? A. By a sixpence which I had in my hand, in my glove—I had put it there before I left the fruiterer's—there were both women and men in the fruit-shop, but I did not notice who they were—they left before me—I did not get into any crowd after leaving the shop.
Sears' Defence. There are four omnibuses cleaned out in the mews; I went for my water, and the note was in the corner; I took it up, and a man who stood by the side said, "That is mine;" I said, "You can have it;" he looked at it and said, "It is a 50l. note, if you get that changed you ought to give me 5l. or 10l. out;" he was cleaning four omnibuses, and this note was by the hind wheel; it came out of the dirt of the omnibus by the look of it.
NOT GUILTY .
GEORGE MURRAY (police-constable K 68.) I was on duty in Whitechapel-road on the 3rd of Jan., about half-past three o'clock—I noticed the prisoner with a bundle—I stopped him, and asked him what he had got—he said a pair of shoes, and he had bought them—I asked him where—he said that was his business—I found in the bundle a pair of shoes and this bladder of lard—I asked where he got that—he said he picked it up in the Dog-row.
ESTHER ANN ROWLAND . I am the wife of William Rowland, of Wentworth-place, Mile-end—on the 1st of Jan. we had some bladders of lard in our shop window—on the 3rd of Jan. I missed one of them about five o'clock in the afternoon—I believe this to be the one—I know it by this bruise, and this black mark on the side.
GUILTY .— Confined Six Months.
434. WILLIAM TAPSON was indicted for stealing 5 handerchiefs, value 2s.; 2 shifts, 2s.; 2 towels, 6d., 1 table-cloth, 2s.; 1 night-cap, 6d.; 1 flannel jacket, 2s.; and 1 pocket, 1s.; the goods of Eliza Taylor, from the person of Richard Hoye; and that he had been before convicted of felony.
RICHARD HOYE . I am seven years and five months old—I used to go to school, and know the Lord's prayer—I know it is wicked to tell a lie—I live with my father, Richard Hoye, at Chelsea—my mother takes in washing—I took some linen home to a customer of hers, named Taylor, near Bromptonrow—I had been there many times,—I received a bundle of dirty linen to take home about half-past seven o'clock in the evening—as I went along the Fulham—road the prisoner and another boy spoke to me—they asked me if the bundle was heavy—I said, yes, it made my arms ache a little—the other boy took the bundle, and said to me, "Go and get a pennyworth of pudding"—the prisoner lent the other boy the penny, and he gave it to me—I went for the pudding, and they went off with the bundle.
Prisoner. He said the other boy took the bundle. A. Yes—the other took the bundle, and the prisoner gave the other boy the penny.
COURT. Q. Did you know the prisoner before? A. Yes—I have seen him a good many times—I did not know his name.
MARY ANN HOYE . I am the mother of this witness—I have a customer named Eliza Taylor—my child has been in the habit of going backwards and forwards to her with linen—he had been very careful hitherto—I never lost anything before this time—I sent him with some linen on the 20th of Dec.—he complained on his return that he had lost his bundle—I went to know what linen it was—I then went to the policeman, and he said, from the description, he had no doubt it was Tapson—some rags have been shown to me by the policeman—I know them quite well—they are the two shifts and the other things mentioned—I could tell, in this state, that they are part of the linen I washed for Taylor—this is part of them.
ANN HUNT . I keep a rag and marine store-shop in Bond-street, Chelsea—on the evening of the 20th of Dec. I saw the prisoner in company with another boy—the prisoner threw a bundle of rags into the scale, and my boy weighed them—they asked me what I gave for good linen rags—I said 3d. a pound—the rags weighed 3lbs.—I gave 9d. for them—they were the same that Mrs. Hoye has examined—I did not look at them before I paid for them—we very
seldom look at them—they were not very clean, but we have an opposition shop against us, which made me give more for them than I should—they were not worth 9d. as rags—they are torn up into rags—they look recently torn, as if torn on purpose to come to my shop—that raised my suspicion—the second boy came to ask me to buy some handkerchiefs—I did not buy them, and he ran away—I did not find any marks on this linen—I never looked—we put them with the other rags outside the counter—we have a boy to throw the dirty rags out of them, and about once a month or six weeks they go to be sorted, and are made into paper—these were not very clean—they must have been washed.
ROBERT MITCHELL (police-constable V 181.) I received charge of the prisoner—I got the pieces of linen from Mrs. Hunt—I went to her on the 24th, and asked if she had had any dirty linen brought lately—she said two lads came on the 20th and sold her some, and she had got them in a bin on the right side of the counter—I said, "This is what I want"—I asked her who she bought them of—she gave me a description of the prisoner—Mrs. Hoye saw these things—she identified them, and they have the mark of E. T., which is still to be found on them.
Prisoner's Defence. What few things I sold her I picked up in a court close by her house.
HENRY HILL (police-constable B 176.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted 7th Jan., 1845, and confined six months, six weeks solitary)—he is the person.
GUILTY . Aged 18.— Transported for Ten Years.
BENJAMIN WILLIAM HINDE . I live in Banner-street, St. Luke's, and am a clock-maker; the prisoner was in my service. On the 29th of Sept., between nine and ten o'clock in the morning, I sent him with a sovereign to Mr. Shick, in Rahere-street, for some clock chains—he knew within 6d. what they would come to—I told him he was to pay for them—he did not pay for them—I had sent him to Mr. Shick's the day before with some fusees, to have the chains made to them—the sovereign was 7s. 6d. more than he would have to pay for them—he never returned—I never saw him again till he was in custody, fourteen weeks afterwards—I went to Mr. Shick's for my work, and paid for it.
Cross-examined by MR. BALLANTINE. Q. He had been sent with a sovereign on the previous day? A. No—to the best of my belief I gave him silver, and he returned that—it was about 12s.—he went to see if they had any chains, and they had not—I gave him a sovereign the next day to pay for them—I went to Mr. Shick first, and then to the prisoner's mother—I told her I should have hand-bills printed, and have him taken—I gave information to the police eight or ten days before he was taken—I had been informed he was gone for a soldier.
JAMES BRANNAN (police-sergeant G 20.) I apprehended the prisoner at his lodging, in Pool-terrace, St. Luke's, last Saturday morning—I told him I came to take him for stealing a sovereign from Mr. Hinde, his master, in Banner-street—he said he did not steal it, that his master owed him part of the money, and he had lost the sovereign.
Cross-examined. Q. How came you to be so long in finding him? A. I watched from five o'clock in the morning till the door was open—I heard he had enlisted, but found that was untrue, and I found him at his mother's—I knew him—I never knew him guilty of a dishonest action before.
Cross-examined. Q. Are you sure there was not more due to him? A. No more—he had 10s. a week, but he had lost half a day—there was not a farthing due to him from the week before.
FREDERICK SHICK . I am a clock-chain maker. On the 27th of Sept. the prosecutor came to fetch some fusees and the chains which had been made to them—he paid me for them—the prisoner had not been to my house on that day—he had left the fusees the day before for the chains to be made to them—I told him the amount they would come to.
NOT GUILTY .
GUILTY of a common Assault . Aged 17.— Confined Six Weeks.
MESSRS. CLARKE and PLATT conducted the Prosecution.
EDWARD BURGESS (police-constable H 198.) On the 13th of Nov. I was in Whitechapel-road, opposite the King's Arms public-house—I saw the prisoner and Myers—they drove a horse and cart up to the door of the King's Arms—they both got out of the cart, and went into the public-house—I went in after them—I left Bray with the horse and cart—when I went into the house there were from fourteen to twenty persons there, but I did not see the prisoner there—I came out, and was about to take the horse and cart to the station—the persons in the public-house came out, from fourteen to twenty of them—they surrounded and knocked us about very much—I was cut in the nose, and Myers got hold of the cart, and got it away—I did not see the prisoner then—the persons who were collected said, "Cut their b----y hands off; don't let them take it"—they were very riotous indeed.
JOSEPH BRAY (police-constable H 43.) On the 13th of Nov., I was called by Burgess to watch the cart—he went into the public-house—after he came out I saw from fifteen to twenty other persons come out—they rescued the horse and cart from us, and struck us several times—the prisoner came to the side of the horse—he laid hold of the horse by the reins, and tried to get it away—he pushed me several times—he said, "Don't let the b—stake it; cut their b—y hands off!"—I had known the prisoner for nine months before that evening, by the name of Don—he is called Don—I am certain he is the man who came up by the side of the horse and pushed me about—I am positive about it, and that he used the expression, "Don't let the b—take it; cut their b—y hands off"—the result was they got possession of the horse and cart, and Burgess and I were left senseless.
Cross-examined by MR. DOANE. Q. Where was Burgess? A. On the near side—I was on the other side.
MICHAEL CONWAY (police-constable H 138.) I received some description, and took the prisoner on the 1st of Dec. in Threadneedle-street—I had been looking for him before—he asked me what I took hold of him for—I said for assaulting Bray and Burgess—on the way to the station-house he said, so help him God he would not be sent innocent away from his family; he would tell the Magistrate the truth, and that the worst of the parties were away.
GUILTY . Aged 20.— Confined Six Months.
NEW COURT.—Friday, January 9th, 1846.
Fifth Jury, before Edward Bullock, Esq.
BROWN pleaded GUILTY . Aged 18.
MESSRS. ELLIS and CLARK conducted the Prosecution.
FRANCES JANE DAVEY . I am assistant to Mr. Charles Dering, a baker, at No. 366, Oxford-street. On the 15th of Dec, in the afternoon, a man came in, but I do not know whether it was either of the prisoners—he purchased a threepenny loaf, and gave me in payment a half-crown—I gave him 2s. 3d. change—I placed the half-crown in the till—there was no other half-crown there—the officer came into the shop instantly, and I gave the half-crown to the officer—no one else had been in the shop—there had been somebody there just before the man came—the officer told me to mark the half-crown, which I did—this is it.
JOSEPH THOMPSON (police-constable F 62.) I was coming from Mariborough-street police court on the 15th Dec., between two and three o'clock—I saw the prisoners come out of Portland-street into Poland-street—they were together and talking—they both turned round and looked at me—(I had known Moore before)—they went together up Poland-street, towards Oxford-street—I went into Portland-street, and remained there—I then saw Adams coming from Marlborough-street—I beckoned him to come to me—I spoke to him, and we followed the prisoners—they were still together—I saw them turn the corner into Oxford-street, and saw Brown standing on the pavement opposite Mr. Dill's shop, which is at the corner—when Brown saw me, he stepped off the pavement into the road—I went up to him, caught him by the neck, and told him to spit them out, and he spat out six counterfeit shillings—five were wrapped in a paper, and one was loose—these are them—I asked if he had got any more—he said, "No, by G—, you have got the lot"—Adams came up at that time, and I gave Brown to him—I then turned my head, and saw Moore in Mr. Dering's shop, coming towards the door—I walked up and met him coming out with a threepenny loaf in one hand, and in his other hand 2s. 3d.—I caught hold of him—he said, "You need not pull me about"—I said, "Let me see what you have got"—I looked in his hand, and I said, "I see what it is"—I went into the shop, and asked Miss Davey if he had passed anything—she said, "Yes, a half-crown"—I said, "Look in the till, I think it is a bad one"—she looked in, and I said, "Have you any more money in the till"—she said, "No"—I looked over, and saw there was nothing in the till but 2d. besides the half-crown—Moore said at the station that if he had taken it it was in the way of business, that he sold papers in the street—I marked the half-crown, and handed it to Adams—this is it.
Moore. You did not know where I was till you saw me coming out of the shop, Witness. No, I thought you were in the hosier's shop—I took you back.
WILLIAM ADAMS (police-constable C 62.) I produce this half-crown—I received it from Thompson at the station-house—on the 15tb of Dec. I assisted him in watching the two prisoners—I first saw them in Poland-street—they passed me, and looked across towards me—I saw Thompson at the corner of Portland-street, and he called my attention to the prisoners—they got on to the corner of Oxford-street, and turned—I immediately ran up into Oxford-street and saw Brown standing there—he could see into the shop where Moore was,
and see what Moore was doing in the shop—I was close behind Thompson when he caught hold of Brown, and I saw six shillings fall from Brown's mouth—I caught hold of Brown—I assisted in taking the prisoners to the station—I searched Brown, and found on him a knife.
Moore's Defence. I deny passing any half-crown; I bought the loaf, but I paid 3d. for it in halfpence; I came out with 2s. 3d. in my hand it is true, but before I got into the shop I put my hand into my pocket and took out what money I had, which was 2s. 8d.; I put 2d. into one pocket, and paid 3d. for the loaf; I offered no half-crown.
MOORE— GUILTY . Aged 23.— Confined One year.
HENRY BROWN was again indicted for unlawfully having counterfeit coin in his possession, with intent, &c.; to which he pleaded
GUILTY . Aged 18.— Confined One year.
MESSRS. BALLANTINE and BRIERLEY conducted the Prosecution.
CHARLES JACOBS . I live in Bentinck-street, and am shopman to a draper. About six weeks ago I put an advertisement in the Times newspaper—this is it—reads: "A douceur of 50l. will be given to any lady or gentleman who can procure for the advertiser a permanent situation, mercantile or railway, legally saleable. Address A. B., Post-office, East Cowes."—I saw this advertisement in the paper—I had this piece from the Times office, cut out of the paper (I did not allude to this advertisement in subsequent conversation with the prisoner, nor show it to him)—I received a letter in answer to it, which was acknowledged by the prisoner—the advertisement had been in the paper three days before I received this letter—I afterwards had some conversation with the prisoner—I alluded to this letter, and showed it to him—he did not say anything about this letter—I showed all my letters that he had written to me—he said he could give me a situation of 75l. a year, if I would give him 50l. and accept a bill of 50l.—it was in consequence of these letters so received by me that I had an interview with the prisoner—this is one of the letters I showed him—(read)—"43, Moorgate-street, City of London. Sir,—If you will give 100l., I am at liberty of giving you a situation of 75l. per annum on a rising salary. I do not ask the money down, but the 100l. must be paid into a London banker's to meet two bills of 50l. each, four and eight months' date. It is in a railway office, and forward your answer by post. I hold a situation in the line above mentioned. I have inclosed a card. Direct to either of our offices. Your obedient servant, BENJM. BROWN."—this letter had this card inclosed—"Mr. Benjamin Brown, 43, Moorgate-street, and 4, Charlotte-row, Mansion-house."—I made an answer to this litter and posted it—after posting it, I received this letter—this is one I also showed the prisoner—(read)—"To Mr. Charles Jacobs, at Mr. Hill's, draper, East Cowes, Isle of Wight. 43, Moorgate-street. Sir,—I told you, I believe, that I was about to use my interest under Government with two lines of property in or about February, but you would be required after Monday, 7th Dec, 1845. One line will be from Hyde-park-corner to Windsor; the other from London, branching off to Windsor, Aylcsbury, Oxford, &c. Money is not all the object, but I have been offered 100l. by a party from Bewdlcy, near Birmingham, but he has not kept his word, therefore I will
accept 50l., and a bill of twelve months for the other 50l. Bring up my letter, as I shall make out an agreement satisfactory to all parties on what is stated therein. I wish to hear from you before you come up. If you are not used to London, I will see you most respectably situated. "Sir, your obedient servant, B. BROWN." I wrote an answer to this letter and posted it—I then received this letter—read—"43, Moorgate-street, Dec. 4,—Sir, if you have business to settle, say on the 12th or 13th, you will see London. If you have no friends here I will see what can be done for you. Your obedient servant, B. BROWN. To Mr. Charles Jacobs." In this letter this other was enclosed:—(reads)—"Jamaica, Southern, Eastern, and Northern Railway, 43, Moorgate-street,—Sir, since you applied I have been offered 150l., but 200l. would not make me forfeit my word; therefore, to make the matter safe, send up by return of post a 20l. order; and on the 13th, when you enter the office, an arrangement as proposed for 30l., and a bill. This may be shown to any of your advisers, but not to our firm, as it is a private and honourable transaction between us. I have private property lent out on mortgage in Somerset—Income-tax Office proves my income. If reference is required apply to A. G. Aquila, Esq., No. 94, Cheapside, London, or No. 4, Charlotte-place, Mansion-house, City."—I wrote an answer to this letter, and received this letter in reply:—(read)—"Jamaica, Southern, Eastern, and Northern Railway, 43, Moorgate-street, Dec. 5,—Sir, Understand me, that I do not want to cheat you out of the 20l. written for; but should the gentleman have called upon me who was about to become secretary to this move, and asked me who the clerk is, and I had mentioned your name, and then you to have failed in coming, that would have made me look very foolish. If you come to town on Wednesday I shall be most happy to see you, but you will not be wanted till the 13th, as the new offices will not be ready, and it would be a pity to waste the carriage of coming up twice. Do as you please. Send on Monday, and then say when you will for certain be in London. Sir, I am your obliged, B. BROWN. To Mr. Charles Jacobs." I came to town on the 10th of Dec. and saw the prisoner for the first time at the office, No. 43, Moorgate-street—there was something of an announcement of the Jamaica Railway on the door—on that occasion I produced the letters—the office the prisoner was to get me was clerk on the Prince of Wales, Oxford and London, and London and Windsor railway—I was to give him 50l. down, and a bill at eighteen months for 50l.—I did not do so on that occasion, but made an appointment to meet at that office the next afternoon—I met him there, and this document was prepared at that time—all the letters which have been read were produced on that occasion, and next day he produced this agreement.
COURT. Q. The first letter that came to you after the advertisement, contained an address on a card? A. Yes—I went according to that address, and found the prisoner.
(Agreement read)—"Dec. 11, 1845. To Mr. Charles Jacobs, of East Cowes, Isle of Wight. You are engaged at a salary of 75l. per annum, from the 13th of Dec., 1845, at a rising salary, 10l. annually, till it becomes 180l. per annum; ordered by me, Benjamin Brown, of London, being' the projector of the Prince of Wales, Oxford and London, also the London and Windsor, which I do hereby authorise the secretary of the same, to be paid into your hands monthly, and also I hold myself responsible to see the same discharged upon you paying me a bonus of 50l. down, and to give me a bill of 50l., at eighteen months date from this day, llth Dec. 1845. The said Benjamin Brown is to give me, the said Charles Jacobs, a bill of 9.5l. 10s., to hold as his security. Received 50l. in gold.
MR. BALLANTINE. Q. Did you give him the 50l? A. I asked him if the railway was registered—he said, yes, it was, it was all right—I had heard of a provisional registration, and therefore I inquired—he said it was registered, and on the faith of that I paid him 50l. in sovereigns, and gave a bill of 50l. likewise—I received a bill of 95l. 10s.—I find the person on whom it is drawn is not worth a farthing—I have been to the Registrar's-office, and the register is here—I have not discovered the existence of any such line, nor heard of the existence of any such company—I received this letter after I came to town, a fortnight or three weeks ago—(read)—"To Mr. Charles Jacobs. Sir—If you are not satisfied with your contract with me, and are prepared to meet any respectable solicitor, after the conduct of your friend I will not have anything to do with any other party. I will fulfil all my engagement with you, and what you have proposed; and if, at the expiration of the time, it does not meet your wish, I will show you my intentions are just towards you. I am sorry that when you had my letter you did not have a respectable attorney to interfere. I naturally expected that you and your friend were fully aware of your intention. I fairly told you in all my letters that I was about to project one or two lines of railway, and, further, I told you that before Christmas I intended registering the lines, and, further, you and me went to see one. You were told your salary commenced on the 13th of this month, and that the secretary would pay you after that, and that I would see it done. I shall not be able to attend to my own affairs till Thursday, when I shall be as proud to see you, as before, at Moorgate-street.
Cross-examined by MR. WILDE. Q. You wrote certain letters, having seen an advertisement in the paper? A. I put the advertisement in the paper, and Mr. Brown sent me a letter—I wrote four or five answers—those letters are not here that I am aware of—I have given no notice to produce them—I gave this 50l. on the assurance from him that this railway was registered—I went to the office to inquire whether it was registered—there was a clerk there who looked over the books, and there was no such railway—I looked over certain books, and did not see any such railway—the books are here—there were several persons in the office, but only one person opened the books to us—I should know that person—I think the last letter I received, on the 22nd of Dec., it was left in Cranbourn-street for me—I had paid 50l. on the 11th, and then we met on the 13th—the memorandum was made out on the 11th at the time I paid the money—I asked him if the railway was registered before I paid the money—he assured me it was—that was the reason I gave him the 50l.—he offered the situation to me—the consideration of my giving him this 50l. was that he should procure me this appointment—I was to be engaged from the 13th—he stated on the 11th that he would get me the situation in this proposed railway—the object I had was to get the situation—I had only an interest in knowing the registration had taken place with regard to the security of my having that appointment—the defendant, in this letter, advised me to consult with my solicitor—I did not do that—the whole of my negotiation was carried on by myself.
Q. Did you accompany the defendant with Boyce to look at the place? A. I do not know what it was for—we went to Uxbridge—he went down to notice some railway there, but for what purpose I was not aware of—that was about a week after the 11th of Dec.—he then told me I was appointed.
COURT. Q. He told you you were appointed? A. Yes.
MR. WILDE. Q. Were you together on the 27th? that was long after the 50l. was given? A. I have had several interviews with him—I do not remember having one on the 27th—I was given to understand that it was
a registered company, and I believed that it was, and that the prisoner was going to get me appointed clerk.
MR. BRIERLY. Q. Did you pay your money on the consideration that you were already appointed a clerk to the Company? A. Yes—the money was paid on the 11th.
COURT. Q. Did he tell you you were appointed, or were to be appointed? A. That I was appointed.
MR. WILDE. Q. I ask whether you have not stated that the prisoner had said the company was registered, and that your believing the prisoner was going to get you the appointment as clerk you parted with your money? A. Yes.
Q. Did he not give you to understand on the 27th that the Company were really registered, and that he would get you the appointment of which he had spoken before? A. Not on the 27th—it was on the 27th I gave him into custody—I paid the money on the 11th—he told me on the 13th that the company was registered, and he would secure me the appointment, and it was on the faith of his making that statement to me, that the company were registered, and he would get me the appointment, that I parted with my money.
MR. BRIERLY. Q. I understood you to say he was taken on the 27th? A. Yes—it was on the day on which he was taken that he said I was to be appointed to this railway company—the same thing had been said to me on the 11th, and I parted with my money on the 11th—it is put in this agreement on the true date on which it took place.
COURT. Q. You paid your money on the 11th, what did he say on the 11th? A. He said I should be engaged, and my salary would go on from the 13th, and the thing was registered—I paid him the money on the belief that the railroad was registered, and I was to have the place, and he gave this agreement at the same time—it says in the agreement that I was engaged, and he gave me this agreement on the 11th.
JURY. Q. Did he say, "You are engaged," or "shall be?" A. I think he said I was engaged.
MR. WILDE. Q. I understood you to say several times before, that on the 13th he said it was registered, and you should be appointed? A. Yes he did—at the interview on the 13th he gave me to understand that the railway was established, and I should be appointed to that office.
COURT. Q. Will you attend; can you tell us the words he said, not what you understood? A. I cannot recollect the exact words he said—he said that I was engaged from the 13th—he said, "You are engaged from the 13th."
WILLIAM JOHN GREET . I am clerk to a law-stationer, No. 14, Bentinck-street, Soho. I know the prosecutor—I went with him on the 21st of Dec. to No. 43, Cranbourn-street, Leicester-square—I saw the prisoner on that occasion—some conversation took place with respect to a railway, called the Prince of Wales, London and Oxford—I heard no more—I told the prisoner I was a friend of Mr. Jacobs, and I did not think it was a bond fide concern—I asked if the railway was registered—he said, "Yes"—I asked if it was registered in the office close to Temple-bar—he hesitated, and said, "I intend to register it in a week or a fortnight"—I am sure when he first answered me he said the company was already registered.
Cross-examined. Q. What are you? A. I am in the employ of Mr. Peachey—I was at work for him last night—that was not the first time I have been employed for him—the prisoner said, when I went with the prosecutor
to him on the 21st, that he intended to register it in a week or a fortnight—I stated on a former occasion that I was Mr. Peachey's clerk, but I stated that under a wrong impression—I corrected it afterwards.
GEORGE TAYLOR . I am assistant registrar at the office for registration of joint-stock companies, at Sergeant's-inn. That would contain all the returns relating to the London and Windsor Railway Company, if there were such a company registered—I have looked over the books—there is no such railway registered.
EDWARD DIXON (police-constable L 85.) I took the prisoner on the 27th of Dec.—he said he could not think how Mr. Jacobs could be so cruel, after he had been so kind to him, but let him do his best he could only make a debt of it.
(The prisoner received a good character.)
GUILTY . Aged 44.— Confined Twelve Months.
440. CHARLES HOLMES was indicted for unlawfully, maliciously, and feloniously cutting and wounding William Henney on the left thigh, on the 3rd of Jan., with intent to maim and disable him.—2nd COUNT, to do him grievous bodily harm.
WILLIAM HENNEY . I am a seaman, and live at Wapping-wall. On the 3rd of Jan. I was in the street in New Gravel-lane—my wife came to me with her mouth bleeding—she showed me the prisoner, but he was not near enough to hear what she said—I went up to the prisoner, and shook him—he struck me in the breast with his fist—he then ran on the other side of the road—we had a scuffle, and in the scufflle he ran a knife into me—I did not take notice of the knife till I received it in my thigh—I know it was him that did it, as there was no one else near but him and I—the knife was in his hand when he cut me with it—I did not see it till it was in the officer's charge—I called, "Police!"—I saw no more of the prisoner till the policeman had him—I was wounded in the left thigh—Dr. Croucher saw the wound, but he did not dress it—I got the strapping from him—my wife strapped it—the doctor did not see the wound again.
Prisoner. Q. Did you not run after me, knock me down, and strike me on the forehead, and kick me? A. I struck you, but never knocked you down, or kicked you—I did not see you have any knife, nor take it out of your pocket.
COURT. Q. Could that wound in your thigh have come from anything but a knife? A. No, it could not.
MARGARET HENNEY . I am the wife of William Henney. On the evening of the 3rd of Jan., about seven o'clock, the prisoner struck me—my mouth was all bleeding—I complained to my husband, and pointed out the prisoner—I saw my husband shake the prisoner—I did not hear him say anything—I did not see what the prisoner did to my husband—I saw the cut in my husband's thigh—it seemed as if it was done with a knife—there were two or three cuts in his trowsers.
Prisoner. Q. Did you not knock me down? A. No—I saw you take the knife from under your sleeve, and shut it up, as if you had done nothing, and put it into your pocket—I ran after you, and the policeman took you—you said you had no knife, and you dropped it.
JAMES LEWIS (police-constable K 339.) My attention was drawn by a cry of "Stop thief!"—I stopped the prisoner—Margaret Henney said he had a knife about him—I found this knife in the leg of his trowsers—I saw the wound in the prosecutor's thigh—it appeared as if made by a knife of this description—there was some dry blood on the knife.
Prisoner. Q. Where did you pick the knife up? A. By the leg of your trowsers—there were a great number of people about.
Prisoner's Defence. I was going down Ratcliff-highway, and fell in with three foreigners; we had a pot of ale together; we came out of the public-house, and I was going to join my ship, but they said, "Come, let us go down New Gravel-lane;" I went; there was a lot of bad girls, and a row; I was standing there; the prosecutor's wife took me by the shoulder, and knocked me down; I got up, and took her by the shoulder; I asked what she was doing it for; I do not know what answer she made; I was drunk; some of the women said, "Go, get your fancy man;" I heard that, and ran five or six yards; the prosecutor came and knocked me down in the street, and kicked me in the eye; I got up, but I could not have run more than five or six yards before I was overtaken, and he knocked me down again; I then went on; there was a cry of "Stop thief!" the policeman came and took me, and the man came to King David's-lane station, and gave me in charge; I had no knife at the time; I left my knife on board with my things, and they are at Gravesend.
JAMES LEWIS re-examined. The row took place in New Gravel-lane, about ten minutes before I took the prisoner—he had both his eyes black when I took him—I asked him if he had a knife—he put his hand into his pocket and shifted it—I put my hand down, and a portion of the knife was against his boot and part on the ground—the prisoner was drunk—the prosecutor and the woman were not.
GUILTY of an Assault. Aged 23.— Confined Six Months.
441. THOMAS HENVILLE was indicted for feloniously breaking and entering the dwelling-house of Henry Pye, on the 26th Dec., at St. George, Bloomsbury, and stealing therein 7 dead ducks, value 5s., and 13 dead fowls, 9s.; his property: and that he had been before convicted of felony.
HENRY PYE . I live at No. 30, Marchmont-place, Little Coram-street. I pay 13l. a year rent, and no rates—I dwell in the house, and let a vault underneath it—on Friday evening, the 26th of Dec., I saw that the house and shop were all safe—I had thirteen dead fowls and seven dead ducks in my shop—I then went out with the prisoner's father, leaving nobody in the house—I gave the key of it to my boy to take to his mother where she works—it was between six and seven o'clock—I went with the prisoner's father to the Tavistock Arms—we had something to drink, and then he left me—I returned to my shop about half-past nine or ten o'clock—I found the door open—I am quite sure it was shut before, and double-locked—I went in and missed seven ducks and fifteen fowls, which were there safe when I went out, and I had covered them with a cloth—I did not observe that any harm had been done to the door—I had given 9d. a piece for the fowls, and 8d. a piece for the ducks—on Monday, the 28th Dec., about ten o'clock in the morning, the prisoner came to my house, he said he understood we wanted to take his father up on suspicion—I told him to go away, I had my suspicions that they were a bad lot altogether—he would not go—Mrs. Corfield came up while he was abusing me, and said, "That is the person that took your goods"—I said, "Now, you be particular what you say; will you swear it?"—"Yes," she said, "before any magistrate"—I followed the prisoner and gave him in charge—I have only one key to my door, and that I gave to my boy to take to his mother.
Cross-examined by MR. HORRY. Q. Of course you made it known directly that you had lost these fowls? A. Yes—I have always given
the same account of what the prisoner said when he came to me on the Monday—his father was in my company on the afternoon of the 26th Dec., and went with me to the public house—when the prisoner came on the Monday, he asked me what business I had to accuse any of his family of thieving—I had accused his father—I had not the least doubt he was guilty—I said I suspected they were both in it—I had not told his father so, for he would not give me a chance—I had accused the father to other people—when Mrs. Corfield said he was the person, he said she was a liar, and something worse for saying so—the prisoner challenged me to fight—he said he would knock the b----y wind out of me.
ELIZABETH CORFIELD . I am the wife of Thomas Corfield, we live at No. 7, Marchmont-place, Little Coram-street—Mr. Pye lives at the top of the place, and I at the bottom—I should consider it in Bloomsbury parish, but I do not know—on the night after Christmas day, close upon eight o'clock, I was in Marchmont-place—I had been to Little Coram-street for some thread, and was returning home—I saw the prisoner leaving Mr. Pye's shop with a large basket and poultry in it—the heads of the poultry were hanging outside—I did not say anything to him—I considered he had been sent by Mr. Pye—I knew his person before, but I never knew his name—I saw him again on the Monday, and told what I had seen.
Cross-examined. Q. You had heard of the robbery? A. No, Sir, I knew nothing of it till the Monday—I had not told any one that I saw somebody come out of the prosecutor's house—I had no suspicion—I was coming out of Little Coram-street—the prisoner came out of the door and I passed him, and then saw the shop door open—when I passed him he was between the shop and the top of the place—I had no suspicion.
JAMES PYE . I am the prosecutor's son, and live with my father—I went out on the evening of the 26th of Dec.—my father and the prisoner's father went out with me—my father locked the door and gave me the key—I put it into my pocket, and went to meet my mother coming from her work—we then went straight home, and found my father at home.
MR. HORRY called
MARY COOPER . I am single, and go out cleaning. I live in Abbey-place, Little Coram-street. On the evening of Friday, 26th Dec., boxing day, the prisoner was in my company from six o'clock until nine, at the Red Lion, in Little Guildford-street—it is about the distance of this Court from Marchmont-place—he was out of my sight once—about seven o'clock he went out, and came back in five minutes, bringing some bread and cheese.
COURT. Q. How far is that from Little Coram-street? A. About two minutes walk—he was in my company the whole evening in the public-house—we were forced to stand before the bar—there was no place to sit down—the landlord and landlady were there, and two bar people besides—there were three or four people there—we were all drinking and eating—those other persons know the prisoner, but they were all intoxicated—the landlord and landlady were not tipsy—they know the prisoner by going in there—they are not here.
months)—I was present at the trial—the prisoner is the person—he has been in custody twice since, and is always with thieves.
GUILTY of stealing only . Aged 19.— Transported for Seven Years.
Before Mr. Justice Erle.
GEORGE SEDGWICK . I am a smith, in the employ of the prisoner's father, and live at Greenwich. On the 26th of Dec., between two and three o'clock, I was at work at the anvil—the prisoner came into the shop, and said, "Well, Mr. Sedgwick, what have you been saying about me?"—I said. "Nothing as I know of, William"—he said, "You are a d—old liar, and I will have a go-in at you"—he pulled his coat off, and tucked up his shirt sleeves, and challenged me to fight—I said, "No, I have not said anything about you; who is your author?"—he said, "You are a d—old liar, and an old rogue, a rascal, and a thief"—I would not presume to fight him; so he up with his fist, and struck me—I took him by the collar and threw him on his back—he hung by my waistcoat—he asked me to let go—I said, "If you will let go of me, I will let go of you"—I let go of him, and he caught hold of a large piece of iron, and struck me on the head—it was a new tool I had made—the blow staggered me to the anvil—I did not fall, I believe—I collared him afterwards—in the struggle I became rather insensible, and, another large piece of iron came on my shoulder, which has injured me greatly—I have not been able to move my arm behind me since, or to do any work—the prisoner's father was sent for by Pembery, and he ran into the shop, took him from me, and threw him out of the shop—I was taken home and afterwards taken to a surgeon—the blow on the head cut my head open and the blood streamed from it—I am fifty years of age—the prisoner is twenty-three—we never had any quarrel.
Prisoner. Q. Both you and my father were kneeling on me. A. No, neither of us—I am sure you threw two pieces, of iron at me—I did not strike you on the nose, and kick you out of your father's shop.
AGNES PEMBERY . I heard a noise and quarrelling in Mr. Roberta's shop on Friday week—I went out to see what it was, and found it was the prisoner and Sedgwick fighting—they were struggling—as soon as they parted, the prisoner up with a piece of iron and heaved it at Sedgwick—it hit him on the head—they struggled again, and he picked up another piece and heaved it—it hit Sedgwick on the shoulder—after that they had another struggle, and the prisoner's father came in and separated them—I took Sedgwick across, and dressed the wound in his head as well as I could—there was scarce a moment, between the first blow and the second—directly the prisoner let go, he picked, up the iron and heaved it at him—they were struggling together, and they fell down on the top of one another.
WILLIAM STEWART . I am a surgeon. Sedgwick was brought to me on the 29th of Dec., by order of the Magistrate—he had a plaster over the wound, which I removed, and washed the blood away—I found the remains of a contused wound on the centre of the head—the skin was broken—it must have been inflicted by some blunt weapon—it was not in itself serious—crysipelas might have supervened—I should scarcely have thought it would have
prevented him from working the next day—I think he might have done so without any imprudence—the part from which the skin was removed might have been covered by a 4d. piece—there was no swelling about the wound, or any discolouration, nor any signs of any very violent blow in the neighbouring parts—I examined the shoulder—there was considerable swelling of the shoulder, and he complained of tenderness on pressure, and inability to move it—I should consider that might prevent his following his employment for some days—it is probable he may not yet have the use of it properly—he appeared to suffer great pain when examined.
Prisoner's Defence. I had been ill in Bartholomew's Hospital five weeks, and was turned out incurable—on boxing day my brother gave me something to drink; I was intoxicated when I came home; I was going to bed; my father said Sedgwick had been saying something about me; I went to the shop, and asked what he had been saying about me; he said he would kick me out if I did not go out; he came and collared me, and we were hustling together; he struck me on the nose, and I threw one piece of iron, but not two.
GUILTY of a Common Assault. Aged 23.— Confined Twelve Months.
443. WILLIAM BRIGHT was indicted for feloniously assaulting Mary Welch on the 24th of Nov., striking and beating her on the right side, and causing her a bodily injury dangerous to life, with intent to murder her.
MARY WELCH . I am the wife of Thomas Welch, of Greenwich. The prisoner is married to my daughter, and does not live far from my house. On Monday evening, the 24th of Nov., I was at home washing, and heard a noise, and his wife screaming—I ran out through my yard and through his yard into the alley, and he was beating her as hard as he could with his fists—I came up and said, "Oh, you brute, don't kill her"—he said, "You old b—, I will do for you"—he hit me on the face—I put up my hand, and then he hit me in the ribs, and broke three of my ribs—I staggered about, and then fell down—I do not know how long I remained there, but my husband came and lifted me up, and carried me in doors—some women followed me in, and got me to bed, and my husband went for the doctor—I was three weeks and never left my bed, and could not be moved in my bed—either two or three of my ribs were broken, and I am very bad now, and hardly able to be out of my bed—the prisoner and I had not had an angry word that day—he often beat me before, and once before he broke my ribs—that is four years ago last Aug.—I had given him shelter in my house about a month before he did this—on the Saturday before he had come and broke my back-door in, and beat me and gave me a kick—I do not know what it was for—I never said an angry word to him—I only said it was time he was in his bed—it was between twelve and one o'clock in the morning.
Prisoner. On the Saturday she says I broke her back-door open, my wife took my bed and bed-clothes into her house, and when I came home at night I had nothing to lie on but the bed sacking: there is a thoroughfare from my place to theirs; I went and saw one of my children lying on the bed on the chairs, and I laid there with the child; her husband fetched in two policemen to turn me out; I told them it was my bed, and they told me to be quiet, and stop where my bed and my family was.
Witness. I did not desire my daughter to take his things into my house—I never interfered with his bed—it was my bed that the children laid upon—he would sometimes leave them for a fortnight without a sup or a bit, and they were in my house that night—his bed was up stairs in his own house—the
children were ill—it was on the Tuesday night he slept with them—he came in between twelve and one.
THOMAS WELCH . I was at home on Monday, the 24th of Nov.—I saw my wife go to the house where the prisoner lives—I saw him striking her and knocking her down—I went for a policeman but could not see one, and when I came back she was down in the alley, and he said, "I have done her"—he called her a b----b----and a b----w----when he was striking her—I did not wait, but ran for the police—when I returned, he was going with another man and taking two little pigs away—I took my wife in and laid her on the bed—she said, "Go and fetch the doctor, I am a donner," and I did so directly.
Prisoner. Q. Did you see me strike her? A. Yes, in the alley—on my return I found her lying down, and she had hold of the rails—there is a fence there—you came into my place on the Thursday night, and said I had taken your bed away—I had not—your wife took it because you came at that dead hour of the night—you came in my place and laid in my bed—the policeman would not turn you out.
THOMAS MITCHELL , M.D. I was called in on the 24th of Nov. to attend Mary Welch—I found her in bed, and almost in a state of insensibility—I examined her side and found marks of recent contusions, and on a more minute examination I found fracture of the seventh and eighth ribs on the right side, immediately under the external marks of violence—the injury was such as to make her in a state of very considerable danger, in consequence of the fracture of the ribs penetrating the pleura—she was in such a state of danger that I considered it advisable to call in another medical man—I attended her about four years ago, for a similar accident caused by the prisoner.
GEORGE EDMUND FARNCOMB HATCH . I am a surgeon, and live at Greenwich. At the request of Dr. Mitchell I attended the prosecutrix with him—I discovered the two ribs fractured—the injury was such, as in my opinion, to be dangerous to her life.
Prisoner's Defence. The week previous to this, me and my father-in-law kept pigs together, in my place; we disagreed about them, and I made him take his away; this caused some words between me and my wife: when I came home the next night my bed and bed-clothes were taken out of the house and I was left without; I slept three nights in their place, to try to get shelter, and slept in the bed on the chairs, along with my children; whether the bed was mine or theirs I can't say; I sold my two pigs on Monday to a man and we went on the Monday afternoon to take them away; a woman that lives opposite went into the prosecutor's house and told my wife that I was taking the pigs away; I went up the dark entry leading from Billingsgate-dock into Church-street, my wife ran after me and caught hold of my jacket, screaming out for me to bring the pigs back, and my mother-in-law caught hold of me, and called me a murdering brute; she tore my hair and scratched my face; I had one of the pigs on my arm; I bustled and tried to get from her; I did not strike her in the scuffle, she fell and whether she fell on the stone step, or a cellar-flap, which was handy to it, I don't know; I went away; I came home again that night and slept there, and next night the policeman came and took me.
MRS. WELCH re-examined. I did not scratch his face—his wife did, and she owned to it at the police-court—I never put my hand to his face.
GUILTY of an Assault . Aged 30.— Confined Sixteen Months.
Before Edward Bullock, Esq.
GUILTY , Aged 24.— Confined Three Months.
GUILTY . Aged 18.— Confined One Month.
JANE PARSONS . I am in the service of Mr. Murray Richardson, of Blackheath—the prisoner was employed there as charwoman—these sheets are my master's property, and this pillow-case—the prisoner was not employed to do anything with them.
JOHN SPARKS LOVICK . I am shopman to Mr. Nash, a pawnbroker at Greenwich—I know the prisoner—this duplicate was given to the person who pawned these sheets on the 8th of Aug., in the name of Ann Robinson—I do not know who by.
JOSEPH GREEN (police-constable R 315.) I apprehended the prisoner in her own house on another charge—I searched the house afterwards, but she was not present—I found in a box which I had seen her unlock, seventeen duplicates, three of which relate to these sheets and pillow-case.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Twelve Months.
(There was another indictment against the prisoner.)
Before Mr. Recorder.
447. ROBERT DOWNS and THOMAS BUSH were indicted for stealing 2 paving-stones, value 3s. 6d., the goods of William Tuckwell, their master; and WILLIAM BOND , for feloniously receiving the same, well knowing them to have been stolen.
MESSRS. BODKIN and DOANE conducted the Prosecution.
WILLIAM TUCKWELL . I am a wharfinger and contractor, and live at Greenwich. In Dec. last I had a contract for laying down some pavement in a public street there—Bush and Downs were employed by me to lay down some stones for that pavement—Downs was a mason, and Bush was his labourer—I inspected the work that was going on there every day—I remember going there when they came to a turning, on Friday, the 4th of Dec.—I set out a certain part of the stones at that corner—I noticed on that day two particular stones, what are called Rock-hill stones—the stones which I set out were between eight and nine feet superficial, that is, eight feet long and one foot wide; that would be eight superficial feet—I went there again on Saturday, the 5th—the stones were not there then; no, I am wrong in the time, it was on Thursday, the 4th, I went and saw the stones, and on Friday, the 5th, I missed them about half-past ten o'clock in the morning—I found Bush and Downes there at the work—I was endeavouring to bring in another stone to the spot which I had selected a particular stone to go into on the Thursday, and
when I found I could not do so I went to the spot where I had seen the particular stone on the Thursday, and found it was gone—I asked Dowries where the stone was gone—he made use of a very vulgar expression, and wished to know if I thought he had eaten the stone—I then said, "I will see if there is any more missing," and in the result I missed two stones—I made some inquiries, and missed them—I mentioned that to both Downes and Bush—Downes said, God Almighty knew where the stones were, he did not—Bush did not say anything at that time—in less than two minutes I had a note put into my hand, and in consequence of what I learnt from that, I said to them, "How came you to put the stone into a cart this morning?"—I asked them if they put the stone into a cart that morning—Bush said he had put some stone into the cart that morning, and he was very sorry for it—they did not mention any time in the morning when they had put it into the cart—I then asked them whose cart it was—he said he did not know, neither did he know the party driving the cart, nor the party the stone was for—Downes said he was not there when the stone was put into the cart, but Bush said to him, "You know all about it; you know I told you this morning; for the party that received it, you know, agreed with us last night for the stone"—I then asked Downes how he came to let that particular stone go, when he was aware there was no other stone on the spot that would come into that individual place, and that I had appointed the stones to be laid there—I did not say anything more to them, but I gave them in charge to a policeman, who took them to the Police-court directly, at Greenwich—Downes was the mason; but neither he, nor Bush, his labourer, had any authority to sell this stone to Bond, or to any one else, only to work it in that work, and he perfectly well knew that I was in want of 2500 feet of stone beside, to do that work with—after the hearing, the case was remanded for a week—on Wednesday, the 10th of Dec., Bond called on me—he spoke to me first, and said he had called to see me about the stone—I had never seen him till that day—I directly called my foreman, and said, "Now, what you have to say to me you will say in presence of my foreman"—I then asked Bond if I had ever, previous to that moment, spoken to him, or had any dealings with him, or any transactions of any kind with him—he answered no, but that he wanted some stone, and he went to the men and agreed for some stone and that he was anxious to settle for it—I then asked him why he did not come to me instead of going to my men—he said he did not know—I then asked him whose cart it was that took the stone away—he said he did not know—I then told him that, as the men were remanded for a week, he had better go to the inspector, and give him what information he could upon it, as I considered it a bad case, and I thought it would be better for him if he could find out whose cart took the stone away, as he wished to appear so innocent about it—I heard him say afterwards at the Police-court that it was his son's cart that took the stone—he was then in the witness-box—some one connected with the Court put him there—I afterwards saw the stone, and it was mine.
Cross-examined by MR. CLARKSON. Q. What was the value of that stone? A. The value of the pieces of the stone was between 5s. and 6s.—it was stone broken from a flag—we call them flag-stones, and these were halves of whole stones—my servant did not tell me that Bond had said, that having taken the measure of the stone, he would come up to me, or send to me, the next morning, and pay for it, nor anything to that effect—when the Magistrate discharged Mr. Bond, he told me that he thought Mr. Bond's conduct throughout had been perfectly honest; but he first asked me a question.
Q. Have you ever been tried yourself? A. I do not know what you allude to—I never stood in the dock charged with felony—I have for a misdemeanour—how can I tell what became of the girl who made the charge against me?—I do not know that any one took care that she should not go before the Grand Jury—I am perfectly aware that if I had given 5l. the malicious case never would have been brought on—it was heard before the Magistrates at Lewisham, and I was held to bail to answer it—I never saw the young woman appear—Mr. Whittle, of No. 7, Parliament-street, was my attorney—I suppose the young woman made a charge before the Magistrates, but I was not present when she made the charge—she charged me with attempting to ravish her—she was a servant of mine, and she had notice to leave, and, by what I understand since, she wanted to go to Lee races, and her mistress would not let her go, and then she brought this charge against me—it was all false, and I believe it was considered so gross that the Grand Jury threw it out—I did not see the girl in this Court or before the Grand Jury—my solicitor told me that 5l. would settle it.
Q. The girl never appeared before the Grand Jury, and the bill was ignored? A. I do not know, sir—the bill was thrown out, I believe—I do not know—I cannot tax my memory so far as to say whether it was in Aug., 1838.
Q. Now, I ask you whether you do not know that the bill was not found, and that after your attorney told you that 5l. would settle it, the girl did not appear, and you came here to take your acquittal? A. No—I never came here and pleaded—I was living at that time at Sydenham—I staid at Sydenham six years after that charge—I have now left Sydenham four years, and reside at Greenwich—I did not quit Sydenham almost immediately after that charge—I staid there about six years afterwards—I left there to reside at Greenwich—I have lived nowhere else.
Q. Did anybody call at your premises on the following morning after this stone was stolen, with the measure of the stone, offering to pay you the amount of the stone, before any charge was preferred against anybody? A. No, sir, certainly not—the first I heard of anybody calling at my premises was on the evening after the men were charged—that was on the Friday evening—I gave them in charge on the Friday morning, the 5th of Dec., about eleven o'clock—that was the morning on which the cart came and took the stones.
Q. On that same evening did Bond, or Bond's son, come to your house, with the measure of the stone, offering to pay for it? A. He was reported to me to have come on Friday evening—I was not at home—I am quite sure I was not at home—I saw him on Wednesday morning, the 10th—he had not been to my house at all, to my knowledge, between the 5th and the 10th—I heard he had been two or three times—I do not know Charles Bond—I had not seen any one connected with Bond before the Wednesday—I did not see Bond on Monday morning, the 8th of Dec., nor on the morning of the 5th or the 6th—I learned, when I returned home on the Friday evening, that he had been to my house—I do not know that he is a respectable tradesman at Greenwich—my father has not been in the habit of dealing with him, to my knowledge—my father employed a great number of men.
Q. Did the Magistrate make this statement to you at the time you were before him, "I think the men have done you no injustice in selling this defective stone, and I can't see the least particle of felony in it"? A. The Magistrate did say that, which I consider was very unjust—the Magistrate was Mr. Grove.
COURT. Q. Was the stone, when you saw it, previous to its removal, in
a state to be applicable to the purpose for which you originally intended it? A. Yes.
MR. CLARKSON. Q. Did Mr. Bond attend before the Magistrate on the charge being preferred? A. Not on the first day—he was not there—I did not cause him to come there—there was no examination of any witnesses the first time—there were no witnesses—the men were asked whose cart they had put it into—they said they did not know—Mr. Bond was there on the reexamination—he was not summoned to attend—I do not know whether he went there voluntarily—the men had not demanded their wages of me before I preferred this charge—I took them from their work, and gave them in charge—they did not demand their wages then—they did demand them, and when the Magistrate remanded the men, I asked the clerk of the office, Mr. Finch, whether I should pay them, and he said, "No"—I have not paid them—I received a summons to pay them, between the men being taken and the examination—I do not know that I can tell the day exactly—I think it was on Wednesday, about the 10th—it was served on me by a police-officer—I did not see Mr. Bond pull money from his pocket, and offer to pay me the price of the stone.
Cross-examined by MR. PARRY. Q. You had a conversation with Bush and Downes on the Friday morning? A. Yes, sir—I stated before the Magistrate what I have to-day—I stated that when I asked Downes about the stones he said God Almighty knew, but he did not know.
COURT. Q. Did you sign any examination? A. No.
MR. PARRY. Q. Then you did mention before the Magistrate the whole of the conversation with Bush and Downes about the stone—"How came you to put the stone into that cart?—whose cart was it?" and so on? A. Yes, sir, I did—on the second hearing, when Bond came voluntarily to the Court, he was sworn and examined—he gave his account of the transaction to the Magistrate, and it was after the Magistrate had heard what I have stated today, and his hearing Mr. Bond, that he dismissed the charge, he said he did not think the servants had done me any injustice, and he wished it not to proceed—it was before the dismissal of this charge that Bush and Downes summoned me for their wages—I did not attend that summons—I said I was going to prefer a bill of indictment, and I would not—I owed Downes a guinea or more—what I owed Bush was not above 9s. or 10s.
MR. DOANE. Q. Did Bush or Downes say anything to you about the measurement of the stone on the part of Bond? A. No.
MR. CLARKSON. Q. Was there a memorandum produced by Bush before the Magistrate? A. No—there was a memorandum produced by Bond, but none by Bush—I swear that.
RICHARD TURNER (police-constable R 160.) I took Downes and Bush into custody on Friday, the 5th of Dec., about eleven o'clock in the morning—on the way to the station they said there came a man on Thursday night, the 4th of Dec., and wanted two stones, he said he was a customer of Mr. Tuckwell's, and was doing some buildings in the Creek-road, Deptford, and he saw two pieces of stone there that would be very serviceable to him, and he said he would pay Mr. Tuckwell for it—Bush and Downes were then taken to the station, the charge was taken, and they were taken before the Magistrate the same day—Bush said that the cart came on Friday morning—one of them said, in presence of the other, that they did not know whose the cart was, but that on Friday morning there came a man with a cart and horse, and Bush said that he took the two stones and put them up in the cart, but he did not know whose cart it was, or who the man was—he said he did not know the man who came overnight, or the man that came on Friday morning—that was
said at the station—I went to Mr. Bond's on the 12th of Dec., and as I was going up I met Bush—I told him I was going to Mr. Bond's to see the stone, and Bush went with me—I saw Mr. Bond and Bush in the house, and they both went with me to the back premises, and there were the stones—Bush said they were the two pieces of stone he put up in the cart, and Mr. Bond said they were the two pieces of stone that he agreed for—I asked whose horse and cart it was that brought the stone away, and Mr. Bond said he sent his son after it on Friday morning.
Cross-examined by MR. CLARKSON. Q. Was there any hesitation on the part of Bond to show you anything about it? A. No, sir—after they had been taken, and came again to be heard, they brought the stone with them, and the measurement of it.
COURT. Q. But the stone remained with Bond, so that he could measure it at any time? A. Yes.
MR. CLARKSON. Q. Who produced the measurement of the stone? A. Both Bush and Mr. Bond—Mr. Bond's son said that his father was engaged in building at the road, and there are buildings going on in the Creek-road, I know—I believe Mr. Tuckwell's father is not a builder—I believe he is foreman, or something in the College—I do not know what became of the memorandum that was produced—there was no other charge preferred against Mr. Bond but that of receiving the stone—that was not charged, I believe, till such time as he came here—Mr. Tuckwell never preferred any charge against Mr. Bond till after the case was dismissed.
MARY MARISS . I am nursery-maid to Mr. Tuckwell. I remember on Friday, the 5th of Dec., seeing Mr. Bond at my master's house—he came, I should think, between four and five o'clock in the afternoon—my master was gone to Gravesend—Mr. Bond asked me for Mr. Tuckwell—I said he was gone to Gravesend—I did not see any one near Mr. Bond then, but soon after I saw Bush, the labourer—I did not know him, but he was close by Mr. Bond on the left hand—Mr. Bond said he wanted to see Mr. Tuckwell—I asked him what his business was—he said he came to settle concerning some stone—Mrs. Tuckwell was at home, and I told Mr. Bond I knew nothing at all about it, but I would call Mrs. Tuckwell, if he would give me his name—he then gave me his name Bond—when Mrs. Tuckwell came down she asked him what his business was—he said he wanted to see Mr. Tuckwell—she told him he was gone to Gravesend—he said he was sorry, he wanted to settle for some stones—she said, "Do you know what it came to?"—he said, "No"—she said, "Do you know what it measured?"—he said, "No, that is what I want to know"—he said it was a very unpleasant business, for the men had been taken into custody—she then asked him his name, and he said, "Bond"—she said she could not have anything to do with it unless Mr. Tuckwell was at home, and he said he was very sorry, for he thought if Mr. Tuckwell had been at home it might have been settled amicably—Mrs. Tuckwell said, "I know nothing at all about it," and she then asked him concerning the stone—he said, "It was sent to my premises, but I have not seen it, for I have not been at home"—she then asked him how it was conveyed there—he said he did not know, for he kept no cart of his own, nor did he know how it was conveyed there.
Cross-examined by MR. CLARKSON. Q. Do you know the Creek-road, Deptford? A. Yes—I did not know Mr. Bond before that day—I was not taken by Mr. Tuckwell before the Magistrate—this is the first time you have had an opportunity of knowing what I had to say.
MR. DOANE. Q. Do you know anything against the other two men? A. No—I did not see Bush and Downes with the stone.
COURT. Q. Did you know that Bush and Downes had been before the Magistrate? A. No.
Bond. I had got the dimensions of the stone in my pocket; it was the price I wanted to know; I took the dimensions by my rule, and copied it in a book; I knew Mr. Tuckwell was a stone-merchant, and I said, "I will pay him to-night or to-morrow morning."
COURT to MARY MARISS. Q. Did you hear your mistress ask him if he knew what the stone measured? A. Yes, I did, and his answer was, "That is what I want to know"—he did say that he came to settle concerning some stone.
MR. CLARKSON. Q. Did he produce any money? A. He did not—I saw him three or four times.
Bond. I produced money each time.
EDWIN HARTLEY MEARS . I am an accountant—I was in the prosecutor's service on Saturday, the 6th of Dec.—Bush came to me to the counting-house that evening—he said he came for his wages—I did not pay him—I was instructed not—that was the day after he had been charged before the Magistrate—I told him I could not think of paying him his wages till this matter was cleared up—he told me he knew nothing at all about it, he had nothing at all to do with it—I said, "That appears very strange, I understood you were one of the principal men connected with it, and you denied it"—he said, "I did," and he said, "Mr. Tuckwell never asked me about it, or I should have told him at first"—he said he hoped Mr. Tuckwell would not be hard with him.
NOT GUILTY .
GUILTY . Aged 17.— Confined Four Months.
449. ABRAHAM WHEELER was indicted for stealing 5 ounces of pepper, value 6s.; 1lb. of cocoa, 8s.; 1 apron, 1s.; and 3¾lbs. of soap, 1s. 8d.; the goods of Stephen Winder, his master; to which he pleaded
GUILTY . Aged 52.— Confined Six Months.
MESSRS. CLARK and WILDE conducted the Prosecution.
HENRY LOVEGROVE . I keep the Ship and Billet public-house, at Greenwich—on Saturday, the 20th of Dec., I saw the prisoner at my house something after four o'clock—he purchased a glass of peppermint, which came to 2 1/2 d.—he paid for it with a counterfeit crown piece—I gave him 4s. 9 1/2 d. change—I held the crown in my hand—he only remained while he drank the peppermint—he had an imperial, and, from his appearance, I did not like to question his honesty, but I did not like the appearance of the crown, and I put it on one side on a shelf under the counter—there was no other person in the house—there was a person outside, just at the door—I took the crown then to one of my servants—I said I did not like the appearance of it—I then bit it, and put it in paper on a very high shelf—that was about ten minutes or a quarter of an hour after the prisoner had uttered it—no other person had been in between my taking the crown and biting it—I then went out and met a policeman—I told him there was a gentleman gone on towards Woolwich
who had passed a bad crown to me—I then went to the butcher's, and returned home in about an hour—I did not touch the crown again—on the Sunday the officer called I instructed some of my people where to find the crown, and they gave it him, but I did not see it given—this is the crown—here is the mark of my teeth on it, and here is another mark of my initials, which I made on it at the station on Sunday afternoon—I can identify it by this mark of my teeth on it—I can positively swear to it—I am satisfied this is the same crown.
HENRY BRADLEY (police-constable R 250.) I went to Mr. Lovegrove's house on the Sunday morning—I had seen him on the Saturday afternoon—I received this crown from his servant—I showed it to Mr. Lovegrove at the station—he said it was the one he received—it has been in my possession ever since.
PAMELA REBECCA BROWN . I am sister to Gregory Brown, who keeps the Star public-house at Woolwich—on the 20th of Dec. I saw the prisoner about five o'clock in the afternoon at my brother's house—he had a glass of port, which came to 4d.—he paid me with a 5s. piece—I gave him change, a half-crown, two shillings, and two pence—he asked me if I would let him have a bed—I told him I could, by his paying for it then—he looked nearly the same as he does now—his face was not the same as it is now—he had an imperial, and his coat was buttoned up—I kept the crown in my hand, bit it, and gave it to my brother—he took it in his hand, and went out of the house—the prisoner was brought back in a short time by my brother—we then sent for the policeman—the policeman handed me the crown—I again marked it—this is it—here are the marks on it.
GREGORY BROWN . I received a crown from my sister on the 20th of Dec.—I went after the prisoner and overtook him in a minute or two—I said the crown was a bad one—he said he was very sorry and he would change it—I said I should thank him to come back with me—he came back voluntarily—I asked him if he had come down to Woolwich on business, he said, "No"—I asked him if he was known there—he said, "No"—I sent for an officer and gave him into custody—I gave the crown to the officer—my sister marked it—it was then about five o'clock or after five—the distance from Greenwich to Woolwich is hardly three miles.
JOHN WALKER (police-constable R 298.) I produce this crown piece which I got from Miss Brown—I took the prisoner, I found on him one half-crown, two shillings, and two pence, and there was a half-sovereign laid on the counter which was pointed out as his money—I did not find it on his person.
Prisoner's Defence. With aspect to the second charge, I plead guilty, but of the other charge I solemnly declare I am innocent; for private reasons I have not communicated with my friends.
GUILTY . Aged 23.— Confined Twelve Months.
Before Lord Chief Baron Pollock.
451. HENRY JOSEPH KILLERBY was indicted for feloniously sending to one Craster Humble, on the 18th of May, a certain letter, threatening to burn and destroy a house belonging to him:—2ND COUNT, threatening to kill and murder him:—3RD COUNT, for delivering the said letter.
MESSRS. BODKIN and CLARK conducted the Prosecution.
CRASTER HUMBLE . I am a hop-merchant—my place of business is No. 82, High-street, Borough. Early in May last I found a letter in my counting-house—it was lying on my desk with other letters in the morning—it had been put into my letter-box—I had a person in my service named John Killerby—I gave the letter to sergeant Kendell (looking at a letter,) this is not the letter I received at the time I speak of, but I received it—John Killerby was in my service at the time I received it.
Cross-examined by MR. CLARKSON. Q. Do you know anything of the prisoner? A. No—I never saw him to my knowledge, at the time I received this letter—I thought his parents decent people at the time I engaged his brother John—no attempt has been made to injure myself or my property—there was a good deal of conversation in Southwark about the multiplicity of documents of this kind—I do not know as to any alarm.
EDWARD JOHN TYLER . I am a printer, and have worked for Messrs. Lewis and Son, printers, 21, Finch-lane, Cornhill, for the last fourteen years—I know the prisoner as an apprentice in the house—I think I know his handwriting—I have seen him write on several occasions—I believe this letter to be in his handwriting—I notice nothing particular in the paper that I can recognise.
Cross-examined. Q. Did Sergeant Kendell send you to see him write? A. No—I cannot tell the first time I saw him write—I have seen him write when we have had to clear away, as we term it in our business—I cannot speak to any date on which I saw him write—on one occasion more particularly I saw him write a song—that must have been since May—it was not at the intercession of sergeant Kendell that I saw him write to my knowledge—I had not been employed to set the prisoner to write—I did not know at the time I asked him to write that song, that I was employed by the police to get his writing—I was not asked about his handwriting till after he wrote that song—I do not know that persons from the Post-office, Bank, and others had been, in vain applied to to compare handwriting before this took place—I do not know Mr. Blott—I have not got the song which I saw the prisoner write, I believe Sergeant Kendell has—I do not know the month in which he wrote it—it was about autumn last year—I had not seen Kendell before I saw the prisoner write it—I never compared the song with this letter—I swear that—I had no opportunity—it was a very few hours before he was taken into custody that I saw him write the song—Mr. Lewis, my employer, set me to get it—I believe he is not here—I did not know that Kendell had been to Mr. Lewis before that—I did not know the purpose for which I got his handwriting at the time I got it—at Mr. Lewis's request I asked him to write something for me, and he wrote a song—this is it—(looking at a paper produced)—I had seen no letter before I got him to write the song—I was not asked my opinion of this letter before I got him to write the song—I knew his handwriting before I got him to write the song, but not to say thoroughly—I was able to speak to his handwriting to my belief—I do not know why the song was written.
MR. BODKIN. Q. You requested the prisoner to write this song for you? A. Yes—I had it in my possession about ten minutes—I then gave it to Mr. Lewis—I did not know anything about the purpose for which it was to be used.
Cross-examined. Q. When did you first go to Mr. Lewis about this? A. On the Monday before the prisoner was apprehended—I had not got the letter then—I had seen it—I knew where it was—I did not show it to Mr. Lewis—I have never shown it to Mr. Lewis—I did not request Mr. Lewis to get Tyler to ask the prisoner to write—I asked Mr. Lewis if he could show me the prisoner's handwriting, or if he knew it when he saw it—he told me he would endeavour to get it, and he got me this song—I did not offer to show this letter to Tyler, or to anybody in Mr. Lewis's employ, before I got this song.
Letter read—"May 18th, 1845.—Sir, I merely send you this to put you on your guard, and if you do keep John Killerby in your service, out of revenge I will take and murder one of your children; and at all events I will make the attempt to set your house on fire, and I have never been unsuccessful yet Sir; and as for you, Sir, the first chance I get I will knock your brains out; ha! ha! ha! you b—y contemptible old fool; so now take this as a warning from Mr. Whatever-you-like; I defy you Sir."
NOT GUILTY .
Before Mr. Justice Erie.
452. THOMAS SMITH was indicted for that he, with a certain other person, being armed with offensive weapons, viz. pistols and daggers, did assault Thomas Phillips, on the 14th of Dec, putting him in fear and robbing him, from his person and against his will, of 1 10l. Bank note, his property; and ANN JONES for feloniously receiving the said note, well knowing it to have been stolen.
MR. CLARKSON conducted the Prosecution.
FRANCES GALLAVAN . I live at the house of Mr. Thomas Hamblin, No. 3, Crayford-road, Camberwell. On Sunday, the 14th of Dec, a few minutes before eight in the evening, there was a knock at the door—I opened it and found the prisoner Smith there, with a letter in his hand, which he asked me to deliver to the lady of the house—I asked him where he brought it from—he said, "It is all right, take it to the lady of the house"—I asked him again where it came from—he still said it was all right, did I choose to deliver it to the lady of the house, if not he would shoot me—he put his hand into his pocket and drew out something which I took for a pistol—it was rather in the dark, but something shone—I then took the letter from him—Catherine Hamblin was at that time at home—I went and delivered the letter to her in the kitchen—the prisoner was in the hall—she went into the drawing-room with it—the man stood in the hall and I stood in the passage, which is the same thing—he was about three yards from the stairs, or not quite so long—I observed that he had a pistol in one hand, and the white handle of a dirk or dagger in the other—Mr. Phillips came out of the drawing-room, and Mrs. Hamblin after him—Mr. Phillips asked the prisoner by what right he demanded money there—I could not hear what the prisoner said—I then heard Mrs. Hamblin say something to Mr. Phillips, but I do not think the prisoner was near enough to hear what passed—she was on the stairs and he was in the hall where he was at first—Mrs. Hamblin then went up stairs—I did not see her go up—I heard the prisoner say he would give two minutes before he called his men in to plunder—Mr. Phillips then went up stairs after Mrs. Hamblin—he came down again and went to the prisoner in the hall—I did not hear distinctly what he said to him—I did not see him give the prisoner anything, but he spoke to him and then he went away—Mr. Phillips followed him to the door—I have no doubt the prisoner is the man.
No. 3, Crayford-row, Camberwell. I was at home a few minutes before eight o'clock on Sunday evening, the 14th of Dec.—I heard a knock at the door about that time—I was in the kitchen—Mrs. Gallavan, who lives in my house, opened the door—I heard an altercation at the door—Mrs. Gallavan came to me in the kitchen, and gave me this letter,
(Read—"For the lady of the house. My Lady, I write these few lines to inform you that I have been sent here by a gentleman for your money, and I must proceed in getting it; and if you refuse me, the men outside, twelve in number will come in and plunder the house; and if you make any noise your lives will be in danger.")
The kitchen is on the same floor as the hall—I went from the kitchen into the hall—it is a square hall; and as I passed I saw the man standing—the prisoner Smith is the man, to the best of my knowledge—I went through the hall into the drawing-room—Mr. Phillips was there—I read the letter to him, and I think delivered it to him—I was very much agitated, indeed, on reading it, very much alarmed and terrified, I thought my life was in danger, and I made my way out of the house by the back door—I saw the servant next door, and told her to run immediately for the police—I then came back to the hall—I found Mr. Phillips there—he made some communication to me—I do not know whether the man heard it—he was still in the hall—I think it was in the hall that Mr. Phillips told me this, but, in my agitation, I do not recollect sufficiently—in consequence of what he said, I attempted to go out at the back door, to get money for the man, seeing he would not go out without—I did not hear him say so—on my attempting to go out at the back door, the man interfered to prevent me, with a pistol in his hand—he said, "You don't pass here," and closed the door—finding I could not pass that way, I went again into the drawing-room, and attempted to open the window to get out that way; but the man came out at the back door, and round the garden, and faced me at the window, as I was in the act of pushing it up—the drawing-room is on the ground-floor, and looks to the back of the house—there is a flower-bed under the window—I was in the act of pushing the sash up, and he came and lifted up the pistol, with his face close to the window—I saw the pistol distinctly—he was just in the act of raising it, and was close to the window—upon that I quitted the window, and went into the hall, and the man had come back and was in the hall—he did not speak to me, or do anything then—I went up stairs—I could not find any money anywhere, and I went to see if I had got any up stairs—whilst I was up stairs I heard the man in the hall say, "Is that lady coming down?—two minutes more"—during the whole of this time I was in a state of very great alarm indeed—Mr. Phillips came up stairs after me—he pulled out a 10l. note, and, after telling me what he intended to do, he went down stairs with it.
Q. Except from the terror and alarm in which you were placed from what you have described, would you have parted either with Mr. Phillips's 10l. note or any money of your own? A. It was to get rid of the man, from the terror of being shot—I was willing to part with any money of my own, or any that I could get, to relieve myself from the danger and fright I was in.
THOMAS PHILLIPS . I am an agent at the Custom-house, and live in Wellington-road, Stoke Newington—Mrs. Hamblin is my sister-in-law. I was paying a visit to her on Sunday night, the 14th of Dec, and about eight, or shortly after, she came to me in the drawing-room, where her sick husband was lying—(I did not hear the knock)—she was in a state of the greatest agitation and alarm—she produced this letter and read it to me; on hearing which, I went into the hall and saw the prisoner Smith—I went up to him, and said, "Pray, what is your business here, sir?"—his answer was," I am come for
the money there is in the house; and if I don't obtain it in a very short time, I shall immediately call in the men that are outside, and the house will be plundered"—I saw a dirk in his right hand, which he evidently wished I should see; and whilst he was speaking with me, probably with a view to alarm me, he drew from his left hand pocket a horse pistol—he did not say anything, but went to the street door, opened it, gave a whistle, and in came a second man, armed as he was, with a dirk in one hand, and in his other hand what I believe to be a horse pistol—they spoke together—I did not hear what they said—there was not light enough in that part of the hall for me to distinguish the features of the second man—he stood just by the entrance of the door—there was a lamp on the left hand, and the light shone obliquely—I at first hesitated for a moment whether I should not make a grand dash at Smith and upset him, which I thought I had strength enough to do; but when I saw the other man close to his elbow, I thought it would be a very imprudent thing—I then went through the passage towards the garden, and he went too—I saw Mrs. Hamblin very shortly after—she had been out, as she has described, and came in from the garden—Smith said, "If I can obtain 10l. I will go away immediately, and take my men with me"—Mrs. Hamblin then went up stairs—she had not been up stairs half a minute before the prisoner called out, "Is that lady coming down stairs?" in a kind of authoritative tone, and he said, "If she is not down in two minutes with the money, the men shall certainly come in and plunder the house"—there was no other person in the house but my sick brother-in-law, my sister, and Mrs. Gallavan—I followed my sister up stairs; and recollecting that I had received a 10l. note two or three days previously from Williams, Deacon, and Co., I thought I would let him have that, because it might be a means of his detection—my sister and I came down stairs together—I went up to Smith with the note in my hand, and said, "Here is a 10l. note; if I give you this, will you immediately be off, and take your men with you?"—he said he would, and I gave him the note—I gave it him to get rid of him—I cannot say but I was somewhat alarmed; I think if you had been there you would have been alarmed too—there was certainly a terror produced in my mind from what I read and saw—it was from that I was induced to give him the note—my sister continued in a state of great alarm and terror—the prisoner took the note, and went towards the hall door—I followed him—he turned round, and presented a pistol at my breast, and vowed, if I followed him, or even looked after him, he would shoot me—he then went out—I turned immediately from him, and he shut the door after him—within about five minutes after he was gone I went down to the police station—Inspector Campbell was not there at that time—he came shortly afterwards—he examined the garden and the drawing-room window, and the whole of the place—I think I saw him examine the flower-bed by the drawing-room window—I had received the 10l., note from Williams, Deacon, and Co., for this check, which I have, dated 10th Dec—I received the note on that same day, in exchange for this check of Mr. Pitman's—the prisoner Smith is the man to whom I gave the note.
WILLIAM BAKER (police-constable P 262.) I was on duty, on Denmark-hill, on Sunday night, the 14th of Dec, about eight o'clock—I know the Crayford-road—there is an opening from Denmark-hill to Coldharbour-lane, which leads into the Crayford-road—I was standing at the entrance of that road with Harris, another policeman, and heard a cry of "Police!" from a servant—I ran down the opening into Coldharbour-lane, and into the Crayford-road, and went to Mrs. Hamblin's house—before I got there I met the prisoner Smith, and, I believe, another man with him—they were coming along Coldharbour-lane towards Denmark-hill, in a direction from the Crayford-road—they passed me—at that time I did not know what was the matter—in
consequence of what I learnt at Mrs. Hamblin's I came back in search of them—I searched all round the buildings, but could not find them—I am sure Smith is one of the men I saw pass me on that occasion.
Prisoner. He never saw me before last Tuesday week, when he came to take a false oath against me. Witness. I saw him on the Sunday night of the robbery—that was the first time, as far as I know.
SAMSON DARKIN CAMPBELL (police-inspector, P division.) In consequence of information, on Sunday night, the 14th of Dec, about nine o'clock, I went to Mrs. Hamblin's house—the letter which has been read was put into my hands by Mr. Phillips—I went to the back of the premises, into the garden, and observed under the drawing-room window a little flower-bed with some footmarks on it—on the following Saturday I received from a gentleman named Reynolds a 10l. Bank of England note, which I produce, and on the Tuesday following I went to the house No. 3, Catherine-place, Walnut-tree-walk, Lambeth—I knocked at the door—the male prisoner opened it—I asked if Mrs. Jones was at home—he said yes, and the female prisoner then came forward—I said I came from Mr. Attenborough, the pawnbroker, in consequence of a slight mistake in the change she had received for a 10l. note on the 15th—she said the change was all right—I said, "You recollect the circumstance to which I allude: it was when you redeemed a watch in pledge for 2l. and paid for it with a 10l. note"—she said, "Yes, I perfectly recollect it, but the change, was all correct"—I then said, "I must now request to know from whom you received that note"—the male prisoner had retired into the inner room at that time, and he might not have heard what passed—she said, "From my husband"—I asked her when—she said, "On Saturday evening, the 13th," which was the Saturday evening preceding the robbery—I asked where her husband was—she said he was at work at Uxbridge, and he had brought it home on the Saturday night, and returned on the Sunday evening to Uxbridge—I asked whom he was at work for—she said she did not know the name, but it was for a bricklayer and plasterer—I then gave a signal to Wright, the officer, whom I had waiting outside, and he came in—I said, "We will step into the inner room," and I went into the inner room with her—the officer followed me—the male prisoner was there—I then said, "The truth is, this note has been stolen, and your position in the affair will a great deal depend on the answers you give; I will now repeat the question I did before."
Q. Did you, after any conversation you had with her, take her into costody? A. I did.
SAMUEL WRIGHT (police-constable P 172.) I was in company with Mr. Campbell, on the 23rd of Dec, when he went to No. 3, Catherine-place—I waited outside—when I was called in I saw the prisoner Smith—I asked what he did there—he said he was a lodger—I asked him how long he had lodged there—he said a month—I asked if he knew anything of the female—he said no, he did not—I had seen Jones in the room at that time—I told him I must take him into custody on suspicion of stealing a 10l. note—he said he knew nothing about it—in the room where Jones was I saw a quantity of new wareing apparel, such as gowns, and also coats and things of Smith's—there was the wearing apparel of a man and woman—I asked Jones how she came by them—she said it was out of the money from the 10l. note—there was a new coat, two pairs of new trowsers, and three waistcoats claimed by Smith—he said they were all his property—I believe there were four gowns, not quite new—I took Smith to the station, and then returned to the room, and searched it—in a corner, under a box, I found this powder-flask, with gunpowder in it—and I found this pair of shoes under the bed in the same room—there are two rooms
to the house, one up stairs and one down—I found the shoes in the down stairs room, in which the man and woman's wearing apparel was—I have since compared these shoes with two footmarks in the flower-bed at Mrs. Hamblin's house, and they exactly fit—the shoe has a military heel, and the upperleather is bent very much over the sole—the impression was exact, sufficient for me to state on my oath that I believe these shoes made those impressions—the shoes are rights and lefts, and the impressions were right and left—the impression of the right corresponded as well as the left—I did it in the presence of a gentleman.
Smith. The shoes were never at the house till the policeman took them there; they were not in wear for a month before.
Jones. My wearing apparel had been bought a long time. Witness. I am sure she said she bought it with the fruits of the 10l. note—she said so in Campbell's presence.
Jones. I never said that. Witness. Yes you did.
GEORGE EDWIN GILL . I am foreman to Richard Attenborough, a pawnbroker, in Bridge-house-place Newington-cause way. On Monday, the 15th of Dec., the prisoner Jones came to our shop to redeem a watch—to the best of my belief she is the person—she paid for it by this 10l. note—I gave her the change, deducting 2l. 3s. 4d. for the pledge and interest—I wrote the name and address the person gave me, "Mrs. Ann Jones, No. 3, Catherine-place, Walnut-tree-walk," and underneath I placed the date on which I took it, "15—12—45"—I find my writing on this note.
LYDIA ELLIS . I am the wife of Benjamin Ellis, and live at No. 1, Catherine-place. In May last I had charge of the house, No. 3—Mrs. Jones came with a young woman to take a room at No. 3—I asked if she bad a family—she said no, she only wanted it for her and her husband—I afterwards saw the person she represented as her husband—it was the prisoner Smith—he assisted in moving the goods in—they lived there together as man and wife, and continued to do so up to the time Inspector Campbell came and took them into custody—I quitted the house in July, and lived in No. 1—I knew them to live together as man and wife, and had no reason to believe they were otherwise.
COURT. Q. What name did they take the house in? A. Jones.
Smith. I beg for mercy.
Jones's Defence. I was sent by my husband to change the note, and I was bound in my duty to do so.
Jones. He is my husband; we were married at Towcester, in Northamptonshire.
Smith. She is my lawful wedded wife.
SMITH— GUILTY . Aged 24.— Transported for Life.
JONES— NOT GUILTY .
Before Edward Bullock, Esq.
WILLIAM REASON MAXWELL . I am a lighterman, and live at No. 20, White Horse-street, Waterloo-road. On the morning of the 6th of Jan., between one and two o'clock, I went into a coffee-house in the Waterloo-road—while I was there the prisoner came in—I had never seen her before, to my knowledge—she was not drunk, nor yet sober, half-and-half—I should consider she had been drinking—she had a dog with her, which she placed upon the table where I was sitting—I said, "That is not a fit place for a dog, you had better remove it, if not, I shall"—she made use of a very bad expression, and said she would stick a knife in my eye—I put the dog off the table, and the made an attempt—I got up and told her I would put her out—she put her hand to her pocket—I got hold of her by the waist, and attempted to put her out—she sat down by the door, which opened inwards, and I could not get her out, and wishing to have no bother I went and sat down to tea—I drank one saucer full of tea, and then she made another attempt at me—she went into the further box—the landlord persuaded her to go there, and let roe alone—she then came towards me in a furious way—I got up and received this wound on the temple from a penknife, I believe—she struck at me with something in her hand—I heard several people say, "She has stabbed him"—I seized her, and in endeavouring to rescue her arm she cut me in four places, and my trowsers too—I bled very seriously right down to my breast—it would have been a regular deep wound but for the bone.
CHARLES HAWKINS . I am a machinist, and live in Cornwall-road—I was in the coffee-shop on the morning of the 6th Jan., and saw the prisoner come in—she had a dog with her—she placed it on the table where Maxwell was—he had ordered his tea, but it had not come—he told her to take it off, it was not a fit place for a dog—she asked him how long he had been a gentleman, and called him some name—he shoved the dog off—she said she would job his b—eye out with a knife she had in her pocket—he got up and took her round the waist to put her out—the landlord hearing a disturbance came in and parted them, and put one in one box and one in the other—Maxwell went back to his box and sat down to tea—the prisoner got up and stooped, as if to take off her patten or clog to heave at him—he said, "I can't stand this"—the landlord came in and stood between them—I saw her put her hand into her pocket, as if to take something out—she reached over two men's shoulders, and made a job, passing a clog from one hand to the other, and making the job with the hand that had no clog in—I had not seen him strike or do anything to her before, except take the dog off the table, and going to put her out—I saw the wound immediately after the blow was struck—there was bloodthere were several jobs made with the same hand, and the landlord put up his hand to prevent it—he looked at his own hand a few minutes after, and found it was wounded.
JAMES KNOWLES (policeman.) I came to the coffee-house—I met my brother-officer taking the prisoner to the station-house—he said it was a case of stabbing, and he supposed the knife was in the coffee-shop—I went and found this blade of a knife, exactly where the contention took place between them in the coffee-shop.
Prisoner. I gave the prosecutor into custody to another constable. Witness. I believe she did—the constable that took her is not here.
Prisoner. I deny using a knife; I do not deny using my clog after I received several blows; I called for a constable to give him in charge, and he stuck something into my thumb.
JOHN RUSSELL . I am a surgeon—I saw the wound—it was a cut, and decidedly made with a knife or some sharp instrument—it could not have been done with the nail or hand—it was about an inch long and very deep, at least to the bone.
GUILTY of an Assault . Aged 23.— Confined Twelve Months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 18.— Confined Six Months.
HOARE pleaded GUILTY . Aged 15.
SHEPHERD pleaded GUILTY . Aged 11.
Confined Six Months and Whipped.
457. FREDERICK FITZGERALD was indicted for stealing 1 watch, value 30s.; 1 watch-guard, 2s.; 1 watch-key, 2d.; 1 knife, 4s.; 1 purse, 6d.; 2 half-crowns, 2 shillings, and 1 groat; the property of William Smith, and that he had been before convicted of felony.
WILLIAM SMITH . I am a plasterer, and live in Union-road, Clapham—the prisoner lodged in the same house—he slept with me on the night of the 18th Dec.—I had two half-crowns, two shillings, and a fourpenny-piece in a purse—I went to bed a little after eleven o'clock—I put my watch and guard and key into a little pocket at the head of the bed, and my purse was in my trowsers pocket on the floor at the foot of the bed—the prisoner went to bed at the time I did—I awoke about half-past three o'clock, and I observed him get out of bed about twenty minutes before four—he was moving something about at the foot of the bed—he then drew the curtain, and took my watch out of the pocket, and as I laid on the bed the watch-key drew across my face—he went out of the room—I drew the curtain and saw him go down to the back kitchen—he returned in a short time, threw himself on the bed, and got gradually into bed—I saw him extend his arms, as if in the act of throwing something, and heard the noise of silver on the floor—I then called to my landlord's boy, who was in the same room, to fetch his father—the boy struck a light, and fetched his father—I then left the prisoner in charge of the landlord, fetched a policeman, and gave the prisoner into his custody—I then went to the station, and returned with the policeman—I saw my watch found in the prisoner's pail amongst his tools, in the back kitchen—I had accused him of stealing it while he was in bed, and he said, "La', I have not seen it"—I had previously lost a thermometer out of my pocket, and that was why I laid still in bed when he took these things—this is my watch.
JAMES JOHNSON . I am the landlord. The prosecutor and the prisoner lodged there—I was called up, and took charge of the prisoner while the prosecutor went for a policeman—I found this watch in the prisoner's pail, under his tools, in the back kitchen—I left it there till the constable came—this is it.
WILLIAM TERRY (police-constable F 194.) I received the prisoner in charge about half-past four o'clock in the morning, on the 19th of Dec.—I took him to the station—he said they would have to prove that he stole it—I returned to the house, looked in the pail, and found this watch—I found this purse, and the money in it, inside the fender, under the bed-room fireplace.
Prisoner's Defence. The prosecutor told people that it was a moon-light night, but it was very dark; he never asked me for the watch; it is impossible for him to swear to my getting out of bed; when he first lost the watch he said, "Have you seen it?" I said, "No;" he said, "I know you have, for I saw you take it;" he said he would soon do something for me; how the watch came into my pail I cannot tell; as to the purse I know nothing about it.
THOMAS EMMERSON re-examined. I produce a certificate of the prisoner's former conviction at this Court, by the name of Frederick Child—(read—Convicted 25th Nov., 1844, and confined six months)—the prisoner is the person.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY .— Confined Three Months.
GEORGE NICOLS . I live in Redcross-street, Borough. On the evening of the 25th of Dec. I was walking in Blackman-street, Borough—the constable spoke to me—I put my hand into my pocket, and missed my handkerchief, which was safe not two minutes before—I had had it in my hand and used it—this is it.
JOHN WILD (police-constable M 94.) I was on duty in Blackman-street between six and seven o'clock that evening—I saw the prisoner and two others following a gentleman and lady—when they got to the end of Lant-street the prisoner took the tail of the gentleman's coat, and took the handkerchief out—the other two persons went after the gentleman and lady—I followed the prisoner, he ran and dropped the handkerchief—I took him, and gave him to another officer—I came back, and took up the handkerchief in the dark place where he had thrown it.
Prisoner's Defence. I was going up Blackman-street; I saw two young men following this gentleman, and they took his handkerchief; I said, "Hey! what are you about?" they chucked the handkerchief in my face—I threw it down, and they ran up Lant-street—I stood still, and the officer took me.
THOMAS BENT (police-constable V 95.) I produce a certificate of the prisoner's former conviction at Kingston-on-Thames—(read—Convicted 23rd March, 1845, and confined six months)—the prisoner is the person.
GUILTY .* Aged 22.— Transported for Ten Years.
Before Mr. Recorder.
GUILTY . Aged 14.— Confined One year.
MR. DOANE conducted the Prosecution.
EDWIN BRYANT . I live at Brixton. The prisoners were in my service—Nye had been my cook about three months, and Wilson was my parlourmaid—having missed some wine and other things, I concealed myself in a small room on the landing, in my house, on Sunday morning, the 21st of Dec., instead of going to church, as I generally did—my wife went to church, and soon after she left the house, I heard the prisoners get the key of the china-closet, which was kept immediately at the bottom of the stairs—the servants were not allowed to get the key of the china-closet, but they discovered where we kept it, and they went and got it—I heard them at the chinacloset—in closet—in that closet we kept the keys of all the cupboards, and the winecellar—I then distinctly heard the prisoners go to the wine-cellar, which is on the basement, and after being there ten minutes or a quarter of an hour, I heard them lock the cellar-door, go up stairs, replace the key of the winecellar in the china-closet, and the key of the china-closet where it had been before—on the evening of that day Nye was going out, and immediately she got out, I met her, and said I wanted to speak to her—I led her back into the dining-room, and told her I had too much reason to believe she had been robbing me, I was in fact certain of it—she denied it for a very long time, till I told her I and my son had been secreted that morning, and on the Sunday morning previous—she then said, "Have mercy on me, I did take wine, t did take some tea, I did take the shirt"—she begged and implored me to be merciful in consideration of a child which she said she had, and I did not give her in charge then—I went down stairs and told Wilson I was satisfied she had been robbing me—she denied it for a long time, till she discovered that the cook had criminated her—she then said, "I did take tea, I did take wine and ale"—I then asked Nye about the wine—she said it was sour wine they had taken that day—I said, "Where is it?"—she said, "Mary," meaning Wilson "can tell you; it is down stairs"—I took Wilson down, and said, "I insist on your finding this wine"—after a great deal of hesitation, she put her hand up the kitchen chimney, and took down three quarters or half a bottle of claret—there were several empty bottles about.
COURT. Q. How came you not to go down at the time they took the wine? A. We had too much reason to suppose some persons were in the habit of coming to the house by the side gate, and taking things as fast as they were stolen.
WILLIAM MERRETT (police-sergeant P 8.) I took the prisoners into custody—Mr. Bryant charged them with stealing the articles stated—Nye said, "I did take the shirt; I have no money to pay you for it now"—Wilson said, "Yes, I did take wine"—I received this bottle of claret from Mrs. Bryant—on Nye was found 4s. 6d.—I got the key of Wilson's box, and found in it 7s.
NYE— GUILTY . Aged 43.— Confined Nine Months.
WILSON— GUILTY . Aged 24.— Confined Six Months.
(There were four other indictments against Nye.)
Before Edward Bullock, Esq.
HENRY WILLIAMS . I am a chair-maker, and live in Union-street, Southwark. This child's chair, which is here, is mine—I remember its being placed for sale in my gateway—I saw it safe at nine or ten o'clock in the morning, and missed it about twelve in the day—I think it was on the 19th of Dec.—a man sells at my shop besides me, but he is not here.
Cross-examined by MR. PARRY. Q. This is a common sort of chair? A. It is a cane-bottomed child's table-chair, and was made on my premises—I do a portion of them myself—I can swear to it.
THOMAS TURVEY (police-constable M 196.) On the morning of the 31st of Dec., I went to the prisoner's, in Flint-street, Friar-street—I found her there, and I found this chair there—I asked if she could give any account of it—she said it was a chair her child's father bought her about a month before—the prisoner's landlord told me it was her place.
Cross-examined. Q. There were other persons in the house? A. Yes, two others.
NOT GUILTY .
Before Mr. Recorder.
GUILTY .* Aged 18.— Transported for Seven Years.
MR. BALLANTINE conducted the Prosecution.
DANIEL HAINES . I am a guard of the London and Birmingham Railway. On Sunday, the 13th of July, I had a holiday, and spent it on the Railway to Brighton—I got back from Brighton a little before twelve o'clock at night—I had been drinking rather freely, and I walked up the Borough, instead of walking the other way from the railway—when I got to St. George's church two females followed me, and I went into a public-house with them—I came out again with one of them (the other had made off with my coat and silk handkerchief)—we walked a little way up Mint-street together and then, she left me—three men directly came up to me, and snatched my watch from my waistcoat-pocket—I am sure I bad it in my waistcoat-pocket when these men came up to me—I felt my watch going from me—the three men then ran away—I cannot identify them at all.
Cross-examined by MR. PAYNE. Q. You were very considerably drunk? A. No, sir—I turned the wrong way as soon as we came off the railway—I went to a public-house to have a glass of stout, and after I came out I went the wrong road by mistake—I had a basket and a coat on the top of it—I cannot swear that one of the women took my coat, but it was gone—I asked the woman who remained, where the other was gone, but I did Dot call to the people in the public-house, and say somebody had stolen my coat—after the three men had left me I did not give any alarm—I was struck with astonishment—I have never seen, my coat or the woman, or the watch since—I have not employed any attorney in this case, no solicitor or counsel, I do not know who has—an attorney attended for the prosecution before the Magistrate—I did not employ him and do not know who did.
JOHN FIELDING (police-constable A 241.) On the night of the 13th of July I was on duty in the Borough, in company with Delaney—I saw the prisoner in company with three others—I had known the prisoner before—I am quite certain he is the person I saw—Delaney and I saw three or four men together and saw a hustling match—the prisoner was one engaged in it—I did not know the prosecutor at that time, but he was one of the men engaged in it—the prisoner and two others ran away together one way, and the prosecutor ran or turned the other way—Delaney and I went up to the prosecutor and turned our lights on—he was the worse for liquor—I had pointed out the prisoner before to Delaney and he ran after him—I remained with the prosecutor—the prisoner was not brought back—he was out of the way till I apprehended him on the 28th in Gray's Inn-road—I knew the places the prisoner was in the habit of frequenting in the Borough—I had been watching at those places to see him ever since, but I was not able to find him till I got information which led me to Gray's Inn-road.
Cross-examined. Q. How far were you off from the people whom you saw in this hustling match? A. About eighteen yards—I was in Mint-street—they were rather in Harrow-street—I considered these men were all the same party—when I got up, three went one way and the prosecutor the other—I then saw the prosecutor was the worse for liquor—he was standing still when we got up to him, and he put his hand to the remainder of his guard-chain or guard—I have not employed an attorney in this case—I think I know a young gentleman who has.
Q. Is that a young gentleman who lives with the prisoner's wife? A. Not as I know of—I do not know that from Cooper, the young man—it was not Cooper who pointed out the prisoner to me on the night he was arrested—I took a constable with me that night—I do not know that the prisoner has been in the hospital ill—this happened six months ago—I do not know that he has been seen by the police frequently since this, nor that he has since helped a policeman to take a man to the hospital who had taken poison—I do not know a man named Churchyard—I think I first saw Samuel Cooper about four months ago—I think he is a clerk—I never saw the prisoner's wife to my knowledge, nor a person whom I understood to be his wife—Cooper did not attend before the Magistrate as a witness—he was present—Cooper did not instruct the attorney to my knowledge—I suppose the attorney was instructed by whoever feed him—I suppose Cooper did—I know he employed him—he told me the prisoner was a bad member of society, and the sooner he went off the better—I should say Mr. Cooper is from twenty-four to twenty-eight years old—he may be older or younger, I do not know—he did not say that he should be able to enjoy the prisoner's wife—he did not tell me what his acquaintance with the prisoner was—I heard him say he was a relative of his wife's.
MR. BALLANTINE. Q. Was it Cooper from whom you received the information in consequence of which you took the prisoner? A. Yes.
MR. PAYNE. Q. What relation did he say he was to the prisoner's wife? A. He did not say—I do not know that he is living with the prisoner's wife in a china shop in Fleet-street—he lives in a china shop there—I went there on one occasion—I did not tee any woman there—I only went into the shop.
MR. BALLANTINE. Q. Then you have no doubt he lives at a chinashop? A. No—it was him who directed my attention to the prisoner—I have not seen him here to-day—I saw him yesterday.
(The witness was here sent to look for Cooper.)
name of Cooper—on the night of the 13th of July, I was on duty in Mint-street, in company with Fielding—I saw the prisoner in company with two others, standing at the Duke's Head public-house, about two minutes after twelve—I saw the three single out, from the public-house door, and get abreast in the street—there were four men there—two of them I knew—I saw the prisoner and the other two come out four paces from where there was a little scuffle in the street, and I saw one of them hold up either a watch or money, but I could not say which—I was crossing over for the purpose of seeing them and the prosecutor said to me, "Policeman, have you seen that?"—I followed in pursuit, and sprang my rattle—I did not stop anybody.
COURT. Q. How came this to be like a watch or money? A. I could not say which it was in the dark—I saw it from the reflection of a little light from Harrow-street—I say it was either a watch or money because the prosecutor told me had lost his watch—it was something shining—I ran, but did not succeed in taking any one.
MR. PAYNE. Q. Did you say before the Magistrate, "One of them held up his hand towards the light of the gas-lamp, as if examining something, and then they all went away?" A. Yes, sir.
MR. BALLANTINE. Q. Did you use the expression "watch or money" before the Magistrate? A. Yes, sir, I did.
MR. PAYNE. Q. Is this your signature to this deposition? A. Yes—it was read over to me—I said, "One of them held up his hand towards the light of the gas-lamp, as if examining something;" aid that is true—I saw the reflection—I could not say whether it was a watch or money.
COURT. Q. What, because the prosecutor said he had lost his watch, you said it was either a watch or money? A. Yes—I saw it by the reflection of the light—I could not safely swear whether it was the reflection of gold or silver—I was about fourteen yards from him.
MR. PAYNE. Q. Was it the reflection of copper? A. No, it was not copper.
MICHAEL SEABRIGHT (police-constable M 41.) Between twelve and one o'clock, on Sunday night, the 13th of July, I was in High-street, Borough—I heard a rattle, and a cry of "Stop thief!"—I saw three men run out of Bird Cage-alley—the prisoner was one of them—I caught him by the skirt of his coat—it was a linen blouse—he made a sudden jerk, and sprang away from me—he said, "It is a lark, so help me God"—I had seen him before—I am quite positive it was him—I have heard where this hustling is said to have taken place—I know the spot is near the corner of Harrow-street.
Cross-examined. Q. What is a linen blouse made of? A. It is made of linen, I believe—it is what gentlemen wear in summer—I said I caught the tail of his coat—it was made in the shape of a coat, pretty well the shape of a frock coat—it buttoned in front.
JOHN WILLIAM YATES . I am an inspector of the M division of police—I have been in the police force sixteen years. I recollect taking the charge in this case on the 14th of July, between twelve and one o'clock—I took the information from the prosecutor, Daniel Haines—I do not know anything of a person named Cooper—when the charge was brought to the station, Delaney mentioned that Luckey and Gibbs were two of the party that had robbed the man—that was on the night of the robbery—there had been no opportunity at that time for his having seen Mr. Cooper, or anybody else.
Cross-examined. Q. Haines is the person who lost his property? A. Yes—I do not know whether he employed Mr. Games—I was not present
when the instructions were given—I do not know Mr. Cooper—I have seen a young man in our office.
COURT. Q. Do you take up instructions from persons who are volunteers, and who intrude into the cases? A. I never knew an instance of it—I never saw the real prosecutor in this case at our office—there was a young man there on this business, with the policeman Fielding.
COURT to JOHN FIELDING. Q. Who was the young man at the office with you? A. Mr. Cooper, my Lord—he is outside, but he refuses to come in—
(The witness was sent out to fetch Cooper in; he returned, and said he could not find him.)
COURT. Q. What passed between you and Cooper outside when you saw him? A. I went that minute your lordship sent me out—I saw him, and I said, "You are wanted inside immediately"—he said, "I shan't go"—I said, "It is assumed by Counsel that you are living with Gibbs's wife"—"Upon the word and honour of a man," said he, "it is false."
Q. But when you were sent by the Court as an officer to discharge a public duty, to bid a person make his appearance, what necessity was there for your putting him on his guard before lie came in? A. I did not think I was doing wrong, my Lord—he then walked off.
Q. And you walked in, and told the Court he was outside, when you knew he was gone off? A. He turned off, my Lord—I did not know where he was; I then came in.
NOT GUILTY .
HANNAH WOOD . I am the wife of Thomas Wood, a haberdasher, in Belvidere-buildings, Lambeth; I keep a stall in the bazaar, Westminster-bridge-road. On the evening of the 30th of Dec, a young man came to my stall—I saw him deliberately draw some mouseline-de-laine towards him from the place it was in, and place it under his jacket or coat—I went up to him, and took it from him—I said if there was a policeman there I would give him in charge—he walked away—my neighbour, Mr. Abraham, went after him—I have every reason to believe the prisoner is the person who took it—I have a recollection of the person—I believe firmly he is the person.
DAVID ABRAHAM . I have a stall next to Mrs. Wood's. On the 30th of Dec., about nine o'clock in the evening, I was at my stall—Mrs. Wood addressed a person who walked away from her stall—I am sure the prisoner is the person—he had a young female with him—they both went into a show in the bazaar together—about an hour afterwards Mr. Field came and asked if I should know the prisoner if he should catch him—I said yes, I should know him very well, because I had watched him up to the show, to see if he attempted anything else, but he did not—I have every reason to believe that the prisoner is the man.
JOHN FIELD . I am employed at the Newmarket-bazaar, in Bridge-road, Lambeth, as a constable. I took the prisoner—he was pointed out to me by Mr. Abraham—I have the mouseline-de-laine here, which I got from Mrs. Wood—the prisoner said he knew nothing at all about it.
JURY to DAVID ABRAHAM. Q. You did not see it taken and put under his coat? A. No—I heard Mrs. Wood say, "Do you want to purchase it?" and he laughed—I can swear he is the man—he was away for an hour and a half before he was apprehended.
NOT GUILTY .
CHARLES BOLDERO . I am assistant to Mr. William Holland, a draper and furnisher, at Nos. 58 and 59, Newington-causeway. On the 5th of Jan, about half-past eight o'clock in the evening, I was at the door of the shop No. 58—I saw the prisoner in company with a woman who was unknown to me—I saw her confederate cut the string of a looking-glass, and hand it to the prisoner, who put it under her shawl, and kept it there till I took hold of her—she then set it down in the street—she had got about thirty yards when I stopped her and found the glass upon her—the woman who cut the string was inside the shop, and the prisoner was just outside, watching.
Prisoner. The glass was not in my possession; I was three minute in the shop before it was brought in. Witness. She had it when I stopped her—she put it down—I asked a gentleman who was walking to bring it back—I took the prisoner to the shop—this is the glass.
CHARLES WATERS (police-constable M 27.) I received charge of the prisoner—I received this glass from the last witness—I produce a certificate of the prisoner's conviction at Newington—(read—Convicted 26th May, 1845, and confined six months)—the prisoner is the person.
GUILTY .— Confined Twelve Months.
MESSRS. WILDE and CLARKE conducted the Prosecution.
JOHN JERMYN . I am the conductor of an omnibus from Camberwell to Lisson-grove. I saw the prisoner on the 10th of Dec.—he got into the omnibus in the Westminster-road, and rode to the corner of the Alpha-road—he there got out, and gave me half-a-crown to pay for his fare—I gave him 2s. change—Carpenter, the police-officer, who was in the omnibus in plain clothes, called my attention to the half-crown when the omnibus had moved on about two yards—he asked me to let him look at it, and it turned out to be a bad one—I put it into my side pocket—I swear I had not any other half-crown there—I put down seven or eight people at the end of Alpha-road, but they gave me shillings and sixpences—I marked the half-crown with a penknife and gave it to the officer—he put it in the crack of the door and bent it—this is it.
Cross-examined by MR. PARRY. Q. What where you before you were an omnibus conductor? A. A butcher—I have been an omnibus conductor about six months—I could not swear that I had seen the prisoner before.
JOHN CARPENTER (police-constable R 84.) On the 10th of Dec. I got into the omnibus at Charing-cross—I had before followed the prisoner, and saw him get in at Westminster-road—he got out at Alpha-road, and I saw him pay the conductor with a half-crown—in a minute after I asked the conductor for it—he produced it—I saw him mark it, and he gave it to me—I produce it.
Cross-examined. Q. Was it from something that Goff told you you went into the omnibus? A. No, certainly not—I had a plain coat on—I was in no disguise—I am not one of the detective force—I do not go about in various disguises.
ROBERT BURROWS SMITH . I keep the Bricklayers' Arms, in Southampton-street, Camberwell. On the 15th of Dec. the prisoner came to my house for a glass of sherry—I was busy and let him help himself—he called for a biscuit—he paid me with a counterfeit half-crown—he received 2s. 1 1/2 d., change—I placed the half-crown in the till—there was no other half-crown there—I went to the till again in two or three minutes, in consequence of the officer calling my attention to the half-crown—I marked the half-crown, and gave it to the officer—the prisoner was brought back in custody in about five minutes—I am certain he is the same man—this is the half-crown.
FRANCIS MANSER (police-constable S 87.) I saw the prisoner in Westminster-road on the 15th of Dec.—I followed him to Mr. Smith's—I remained outside—in a short time the prisoner came out—I went in and received this half-crown from Mr. Smith—I then went after the prisoner—I told him I must apprehend him for passing a counterfeit half-crown at a public-house below—he said he had no bad money—I told him I was a constable, and he must go back with me—he said he had been to the public-house and changed a half-crown—I said I must see what money he had about him—I took from his side waistcoat-pocket a half-sovereign and three half-crowns, 2s., and 1 1/2 d.—he said he did not believe the half-crown was bad, and he wished me to give it him to look at.
Cross-examined. Q. Did he not say, "I have no bad money, but certainly did change a half-crown?" A. Yes—I was in plain clothes—I am not one of the detective force—I am sometimes about the town in plain clothes, but not often—we put on plain clothes by direction of our superiors.
GUILTY . Aged 42.— Confined One Day .—(See the next case.)
MESSRS. CLARKE and WILDE conducted the Prosecution.
MARTHA TUBBS . I am the wife of Samuel Tubbs; we live at No. 10, Hunter's-place, Duke-street, Westminster-road—the prisoners occupied an apartment in my house for nine weeks—they are man and wife—they both came and engaged it—on the 15th of Dec. two officers came to my house, and I showed them the room the prisoners occupied.
Cross-examined by MR. PARRY. Q. You know they are man and wife? A. I hare every reason to believe so.
CHARLES BURGESS GOFF (police-sergeant L 8.) On the 9th of Dec. I saw George Sanders in the London-road—I followed him into the New Kent-road, nearly facing the clock-house, and back to Duke-street, Westminster-road—I there lost sight of him—on the 15th of Dec. I went to Mrs. Tubbs, in Hunter's-place, about four o'clock in the afternoon, with Manser—Mrs. Tubbs directed me to a room there—I found Elizabeth Sanders there—I found a bag hanging on the bed-post—I took it down, and found three packages in it—I opened them—one contained thirty half-crowns, another ten, and the other two, all counterfeit—on the side of the bedstead, between the mattresses, I found a paper with three counterfeit shillings—under the bed, on the floor, I found this spoon, this cup, and some plaster-of-Paris in a bag—this spoon had some metal in it—I found two bands—the woman said these things belonged to her husband—I found 23s. in good money, which was given up to the prisoners at the police-court.
Cross-examined. Q. You followed the man for half an hour on the 9th?
A. Yes, I first saw him in the London-road—I followed him to the New Kent-road to a butcher's shop, and then back again—I lost sight of him near the Elephant and Castle, and in about ten minutes I saw him again in the London-road—I was in plain clothes—the whole of the police go about in plain clothes—I am often in plain clothes—I usually wear the same dress till it is worn out—I am not in the habit of going about in various disguises, and mixing with persons in order to detect people—I have watched this man on four different days—I did not follow him to different shops—I saw him go to a butcher's shop as I stated, and I got a bad half-crown there—I began to watch him on the 9th—I instructed Carpenter to follow him—I go in plain clothes by order of the inspector sometimes, and sometimes by order of the superintendant—our station is in Tower-street, Waterloo-road—sometimes two men, and sometimes four men are employed to go about in plain clothes—I hare heard of men going about in various disguises, but I do not know of it—I heard from the newspaper of one who appeared here once who had gone as a shoemaker, or something, but I never did it myself, nor would I sanction any one doing it—George Sanders was in custody when I searched the room.
Cross-examined. Q. Are you one of the detective force? A. No.
MR. JOHN FIELD . These half-crowns and shillings are all counterfeit—two moulds have been used for making these half-crowns, about half of them have been made in one, and the other half in the other—these other things that were found in the room are such as are usually found where coining is carried on, and are such things as might be employed for that purpose.
GEORGE SANDERS— GUILTY . Aged 42.— Confined Two Years.
ELIZABETH SANDERS— NOT GUILTY .
GEORGE LUDLAM . I live in Stan gate-street, Lambeth—I keep a tobacconist's shop, and am a newsvender. On the 23rd of Dec. White came to me with a sample of tobacco in a handkerchief, he said he came from Black wall, and had got some smuggled tobacco—he asked me if I would buy a quarter of a hundred weight—he said it belonged to him and three more, he would let me have a quarter of a hundred weight, and I ordered that quantity—he came again by himself about five o'clock—he then left me for about five minutes, and came again with Whiteside, who was carrying this bundle, covered round with brown paper and corded—the prisoners were both together then—White said he had brought it and asked if I had a private room—White and I went into the back parlour, and Whiteside staid outside—White then pulled his knife out of his pocket, cut this hole in the package, and screwed out a part of the tobacco and gave it into my hand, and left a part of it in the hole—he said to me, "That is a tobacco equally good with the sample I showed you"—I said, "It is very good tobacco"—I gave it him back and he put it into the hole again—he then asked for the tin, meaning the money (I was to give him three guineas for it)—I said, "I must see it weighed first"—he pulled out the steelyard out of his pocket to weigh it—I then made a signal to my little boy to get the police—he went and two policemen came in and took the prisoners to the station—I saw the bundle examined, and it contained sand and sawdust.
Cross-examined by MR. PAYNE. Q. White did not get any money of you? A. No, I never intended he should—I did not believe it was smuggled tobacco.
CHARLES REVELL (police-constable L 113.) On the 24th of Dec. I was spoken to by a constable, and about five o'clock that evening I went to Mr. Ludlam's house—I saw Whiteside in the shop, and while I was there I saw the prosecutor come out of the back parlour—I told him I understood they had some smuggled tobacco, or words to that effect—he said, "They have a parcel, but I cannot say what it is"—White brought the parcel out of the parlour—I asked Whiteside whether he had a license for selling tobacco—he said, "I don't want one"—or, "We don't want one"—I took him to the station, and asked where he got the parcel from—he said, "I shall not say anything about it, it is all right"—the parcel was examined at the station—it contained sand and sawdust—White told me he lived at No. 9, Chapel-street, Westminster, and Mr. Ash was the landlord—I went there the next day and found a pair of steelyards, a piece of sealing-wax, and some sawdust—Whiteside gave his address at No. 45, Orchard-street, and I went there—I found a basket which had contained sawdust, and some sawdust scattered about the room.
Cross-examined. Q. He did not occupy the whole house? A. No.
CHARLES CLIFFORD (police-constable L 121.) I went with Revell to Mr. Ludlam's—he said the men had brought in, and offered to sell, smuggled tobacco—I asked White if he had got a license for selling tobacco—he said they did not want one—I saw White bring the parcel into the shop—I offered to carry it, and he said, no, he would carry it—we went to the station, and in going there the string of the parcel broke twice—he then gave me the parcel, and I took it to the station—it was found to contain sawdust.
WHITE— GUILTY . Aged 39.
WHITESIDE— NOT GUILTY .
JOHN ILES . I Jive in Pleasant-row, Kennington, and keep a chandler's shop—on the 9th of Dec. the prisoner came to my shop, between two and three o'clock, and said he had got some tobacco to sell and some tea—he showed me some samples, a little gunpowder-tea, a little black tea, and a bit of tobacco—he asked me if I would buy it—he said he was a stoker on board a vessel, and the way he got this away was by a lighterman taking the dust out of the vessel, and this was put underneath the dust—he said he would bring 10lbs. of gunpowder-tea, 10lbs. of black tea, and 14lbs. of tobacco, and I was to give him 4l. 6s. for it—I agreed that I would buy it—he came a little after six o'clock, and brought three parcels wrapped up in a bag which he had borrowed of me to wrap them in, and the parcels were wrapped in three separate papen—he said, "I have brought your goods, master," and he threw them off his back behind the counter—I told him I should like to weigh them, and see them opened—I weighed two of them, but he would hardly let me touch them—I did not open them, for, by the way of his talking to me, I had not any suspicion of him—he said they were good weight—I weighed two of them—the tobacco was 16lbs. instead of 14lbs., and one parcel of the tea I weighed was 11 1/2lbs.—I was going to open them, and he said, "D—it, do you think I am going to do you"—he struck a knife into all the three parcels—he took a little tobacco out of the tobacco parcel, and a little tea out of the gunpowder-tea parcel, and a little out of the black tea—I then told my wife to pay him—I took the money out of her hand and gave it him myself—I was to give him 4l. 6s.—I said, "Perhaps 4l. will do?"—he said, "I don't mind giving the old woman 2s."—I then wanted to get change for a half-sovereign—he said, "Never mind," and
I gave him 4l. 2s. 6d.—he said, "That will do"—he then said, "God bless you, I should like to stay an hour and smoke a pipe with you"—he had borrowed a little bottle to bring some whiskey, and he had not brought it—I said, "You have not brought the whiskey"—he said, "It is down at the bottom of the street in a cab, and I have got a quarter of a hundred weight of tobacco in it"—I went out with him, and there was a cart in the street—he said I had better stay behind the cart—he went on and I still followed him—he held up his hand to stop my coming—I went on to the end of the street—I could see nothing of the cab or of him—I have examined one of the parcels—it is sawdust, with a bit of tea inside the middle of it—I spoke to a constable next morning, and I gave him the parcels when he called on the 24th, which was fifteen days after.
Cross-examined by MR. PAYNE. Q. You fancied you were doing the Custom-house nicely? A. No, sir, I did not—the prisoner told me it was smuggled tea and tobacco—I did not think till afterwards that I was cheating the revenue—I do not know whether I believed that it was smuggled—I am certain the prisoner is the man—I know him by his features—the first time I saw him was between two and three o'clock) and afterwards at a little after six—he remained then about ten minutes or a quarter of an hour—I knew from my wife that the prisoner had called in the morning, and I was out—she was with me when I paid the prisoner the money, and was examined as a witness before the Magistrate—she did not say she did not believe the prisoner was the man—I do not know what she said, I was out of the room at the time—I did not require the prisoner to have his hat pat on, before I could swear to him—I did not at first say I could not swear to him—I am certain of that—as soon as I went into the room I said, "That is the man"—he was called out for me to look at him—that was the next day—Smith said in my hearing that he would not swear to the man unless he saw his hat on—he saw his hat on after he got into the room—my wife did not say, to my knowledge, that the prisoner seemed much stouter than the man—I did not hear her say that she did not think he was the man—she was frightened to that she could not say anything.
Q. Do not you know that the prisoner has been trying to get your wife here as a witness? A. I know there has been somebody about there that said she was wanted at the Old Bailey—I have not been asked to tell her Christian name—some of my neighhours have—I do not know that that was for the purpose of a subpoena to bring her here—she is not here—I did not know she was wanted—some persons were there, and said she was wanted at the Old Bailey—they asked for Sarah lies, she said, "That is not my name, therefore I will not go"—her name is Elizabeth—I am quite sure the prisoner was at my place at a little after six o'clock, and he was there ten minutes or a quarter of an hour, and he was there about the same time in the afternoon.
JAMES SMITH . I live in William-street, Waterloo-road, and am a coffinmaker and undertaker. I was at Mr. lies, on Tuesday, the 9th of Dec, and saw the prisoner, he came to me in the afternoon, as I was making a potatobin in the passage, for Mr. Iles—I saw him again in the evening behind the counter—he had what appeared to me to be this parcel in his hand—he threw it down—I did not see any parcel opened—I saw a knife put in, and sawdust come out—I am certain the prisoner is the man.
Cross-examined. Q. You had never seen him before? A. Not till that day—I did not say he must have his hat on before I could swear to him—I said his stomach seemed rather too high for me, but any man could make that—I wanted his hat on for more confidently speaking—he appeared a stouter lyyooking man when I saw him at the police-court, but his features and
whiskers were exactly the same—I did not examine the parcels any more than sticking the knife in—I was not wanted to be one of the party to smoke the pipe, nor to drink the whiskey—I had my suspicion—I was not aware of the prisoner coming.
MR. PAYNE called
MARY ANN ASH . I live at No. 9, Little Chapel-street, Westminster. The prisoner lodged at my house—I remember the 9th of Dec.—I saw the prisoner at home that day from dusk, about four o'clock, or a little after four o'clock till bed-time—he was cleaning my clock, and playing with my child till bed-time—he could not have gone that evening, and been ten minutes at Mr. Iles's in Kennington-lane—Mr. Iles's is about two miles from my house—I am positive the prisoner was at home that evening from about four o'clock till bed-time—I went to bed between ten and eleven.
COURT. Q. Was it on the 9th of Dec.? A. Yes, on a Tuesday—I recollect it because my husband went to the Court of Requests to summon a person, and he put it down in the book, and I have it here—the prisoner was cleaning my clock for hours in my parlour, and playing with my little boy, who is thirteen years old—he is afflicted, and does not go to bed till we do.
JOHN HYDE . I live at No. 8, Little Chapel-street, next door to Mrs. Ash. I was at home on the evening of the 9th of Dec.—I saw the prisoner from dusk till eight or nine o'clock—No. 9, where the prisoner was, is between my house and another house which I have, where I have some men at work—I was going backwards and forwards a number of times, and saw the prisoner—he could not have gone all the way to Kennington-lane at six o'clock—I should say I saw him at six o'clock—I saw him up to eight o'clock—I saw him there as I passed the shop.
COURT. Q. What trade are you? A. A cordwainer—Mrs. Ash keeps a cheesemonger's-shop—I let the house No. 10, and I had occasion to pass No. 9 to go to it.
JURY. Q. How could you see the prisoner? A. There is a door out of the shop into the parlour, and the shop is all open—some part of the time he was cleaning the clock, and sometimes playing with the boy, who is a cripple.
GUILTY . Aged 39.— Confined Twelve Months.
ADJOURNED TO MONDAY, 2ND OF FEBRUARY.