CENTRAL CRIMINAL COURT.
SIXTH SESSION, HELD MARCH 30TH, 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, 30th March, 1846, and following Days.
Before Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas: Sir Peter Laurie. Knt.; Sir Chapman Marshall, Knt.; and Sir William Magnay, Bart., Aldermen of the City of London: the Right Hon. Charles Ewan Law, Recorder of the said City: John Kinnersley Hooper, Esq.; Sir James Duke, Knt.; William Hunter, Esq.; Thomas Challis, Esq.; and William Hughes Hughes, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justice 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. SIXTH 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, 30th March, 1846.
First Jury, before Mr. Recorder.
MR. DOANE conducted the Prosecution.
DAVID WIISON . I live in Brunswick-place, City-road—I have been a builder but am now living on my property—the prisoner, I understand, is a builder and carpenter—he represented himself to be so on the 25th of Jan., 1842—he came to my office at the back of my house, and presented this bill for 20l. to me, accepted in the name of Islet Odell, as it is now—I looked at it, he said it was the acceptance of Odell—I did not know Odell personally, but knew there was such a person—I rather hesitated, and he said, "Take a day' or two to inquire, and I will call again"—he said he was employed by Odell as a carpenter and builder at the time, and had drawn on him for work done—he left, taking the bill away with him—it was indorsed—he called again by agreement, in a day or two, with the same bill, and said, "Have you made the necessary inquiries?"—I said I had not, I had been so engaged, but it was of no consequence, I was satisfied Mr. Odell was a respectable man, and I gave him cash for the bill—it is dated the 7th of Jan., at two months, on Mr. Odell, Upper Clapton, payable at Messrs. Everett's, Finch-lane, City—when it became due I had it presented by one of my workmen, and it was detained—I knew Everett, and he called on me the same evening—in consequence of what he said I looked after the prisoner and went to Shackell of the G division, a week or two after, but could not find the prisoner till just before the last session—I believed the acceptance was genuine at the time.
Cross-examined by MR. CLARKSON. Q. If you believed it to be forged you would not have taken 30s. per cent discount? A. I cannot charge my memory, it might be 30s., it was what he offered—he did not ask me to make inquiry at Everett's—I never doubted it was good—I hesitated at first as the prisoner was a stranger.
Q. Did he tell you Odell had the difference of a building speculation or ground rent, belonging to him, in his hands amounting to 120l.? A. He said something about ground rent, and I think it was above 100l. that Odell owed
him money—I do not know that he has since been working at Cubitts, and other places—I recollect his saying he had a building transaction at Dalston, with Odell, he did not wish me to enquire of Odell as to the truth of his statement, but about Odell's respectability.
ISLET ODELL . I am a builder, and live at Dalston—the prisoner was employed by me about five years ago, but not since—not in 1842—he was foreman of the carpenters—he was in my service—the acceptance to this bill is not my handwriting—I did not authorize the prisoner or anybody to write it for me.
Cross-examined. Q. When did you first become acquainted with him? A. About eight years ago—he was foreman to Mr. Jay, a builder of London-wall—I am a brickmaker and builder.
Q. Is not your plan that other people contract to take ground to build, you find the money, and become security for payment of bricks, and things you do not furnish yourself? A. That is frequently the case, but not between me and him—I recommended him to take ground of Mr. Rhodes—I guarantee the payment for the materials in many instances—I have lost by him, he built two houses on Mr. Rhodes' land, and I sold them for about 900l.—I have not the papers here to tell what it was—I do not think all but 50l. was handed over to me to indemnify me, but I am not prepared to say—I think there was land left to build three more houses—he handed Mr. Rhodes' agreement over to me, and I let the land to Mr. Hindley, at 6s. a foot, you may say—I have never had an opportunity of settling with the prisoner, because he overdrew the account, and I have not seen him for four years—when I settled with Rhodes for bricks, and interest of money advanced, Allen was in my debt, and the improved rent of 2s. a foot was placed in his account—I think he owes me 100l.—he took two unfinished houses in the Richmond-road of Mr. Rhodes, on my recommendation and his own judgment—I gave a guarantee.
Q. Did you receive the advances from Rhodes? A. I was obliged to take care of myself as well as I could, but did not secure myself—I may have given bills to tradesmen in transactions with him, if so I paid them—I cannot positively say, as it is five years ago—he could always have his account—every paper is balanced—I met him about a fortnight before he was taken, in London-wall, and said Wilson wished to see him—he did not tell me if I had paid him 120l. it would not have happened.
MR. DOANE. Q. What did you say to him? A. I said, "Allen, I am astonished to see you here, if Mr. Wilson gets hold of you he will transport you, for forging two bills"—I think he said it was all settled—the last transaction I had with him was previous to any of these bills—I think not since 1841.
JAMES BRANNAN (police-sergeant G 20.) In March, 1842, I received information from Mr. Wilson, and have been looking after the prisoner up to the 16th of March, when I saw him at the Swan at Peckham, and told him I took him for uttering a forged acceptance to a bill of exchange, to Mr. Wilson—he said, "Oh, is that all? that is all right, it was settled long ago."
Cross-examined. Q. Did you inquire at Cubitt's if he was working there? A. I did not—I received information that he was building at Peckham—I went to Clapham, hearing he was at work there, but could not find him.
Odell's compliments, they were short of cash, and he would be glad if I would discount a 65l. bill for him, and that I would take up the 30l., one—this was on the 9th of March, the day it was due—I said, "Certainly," and in the afternoon he brought me this bill, accepted by Odell, for 65l. 5s. 6d., at two months date, payable at the same place—I gave him a check for the whole amount, told him to go to my bankers, Robarts and Co., and take up the bill—he received the check, but did not take the bill up—he begged hard the bill might not be presented, as they should not like it to be returned
ISLIP ODELL . I live in Queen's-road, Dalston. The acceptance to this bill is not written by me or my authority—I had no communication with the prisoner about it, and did not send him to Mr. Wilson to beg him to discount it, as I was short of cash.
GUILTY .— Confined Two Years.
MR. BALLANTINE conducted the Prosecution.
SAMUEL GROOM . I am in the service of Mr. Northcott, a colonial-broker, in Rood-lane. He was in the habit of advertising in the Gardener's Chronicle, and owed money for advertisements—on the 4th of Oct. the prisoner called at the office, and said he came from the office of the Gardener's Chronicle for the quarter's advertisements then due—Mr. Northcott was present, and referred to me to know if I had the account—I had none, and he requested the prisoner to call again on Monday the 6th, which he did—I said I had not got the account, and Mr. Northcott objected to pay him—he pressed it very earnestly, and Mr. Northcott desired him to make out an account, which he did, for thirteen advertisements—this now produced is it—Mr. Northcott gave him a check for the amount, 3l. 5s., which has been returned by the bankers as paid—the prisoner wrote on the account in my presence, "Received, William Underwood, 6th Oct., 1845"—I was afterwards applied to by the Gardener's Chronicle for the proper account—I saw nothing more of the prisoner till he was in custody.
Cross-examined by MR. PARRY. Q. The check was given to the person who called? A. Yes—only one person was in the habit of calling for the account—I never saw the prisoner before the 4th of Oct., and not after, till the middle of Feb., when he was in custody—I identified him directly—I was told a man was in custody for obtaining money by false pretences, and I went to see if I could identify him.
MR. BALLANTINE. Q. Do you manage Mr. Northcott's business? A. Yes—I saw the prisoner for three or four minutes each time—when I saw him in charge I had not a doubt of him, nor have I now.
JAMES MATTHEWS . I am publisher of the Gardener's Chronicle. It is my duty to collect money for advertisements—I do not know the prisoner—he had no authority to collect money for advertisements, and never paid me this account—he had no connexion with the office—Mr. Northcott's account Was 2l. 12s. up to the end of Sept.
Cross-examined. Q. Are you the sole proprietor? A. I have no share in it—there are five proprietors.
MR. BALLANTINE. Q. Is there any such person as Underwood connected with the establishment? A. No—I collect all the accounts myself—his demand was more than was really due—on looking at the Chronicle any one could see how many advertisements there were in a quarter.
COURT to SAMUEL GROOM. Q. What was done with the paper the prisoner wrote in your presence? A. It was left in my custody, and remained in my care till the policeman had it—I speak to it from seeing the prisoner write it.
WILLIAM NORTHCOTT . I cannot swear to the person to whom I gave the check—I have some faint recollection, but could not swear to him—I was rather angry at his importunity, and had a conversation with him twice—I am satisfied now, on seeing him, that he is the man—I have not seen him since the transaction till to-day—I was asked if I could recognize the person, and said I thought I could not, and sent my clerk to the police-court, as he said he should know him.
NOT GUILTY .
NOT GUILTY ,
GUILTY , and received a good character. Aged 17.— Confined Six Months ,
817. MORRIS SHANNON was indicted for feloniously forging and uttering a bill of exchange for the payment of 20l., with intent to defraud Joseph Norden, well knowing it to be forged.—2 other COUNTS, with intent to defraud James Stock.
MR. BALLANTINE conducted the Prosecution.
EDWARD LEWIS . I am an attorney, and was attorney in the action of Norden against Stock—I have the nisi prius record in that action—there is a plea that the bill had been altered without authority of the parties drawing or accepting—that was one of the questions raised—I was the plaintiff's attorney, and got the record from the officer—I had possession of the bill, and delivered it to Norden, the plaintiff—(looking at it)—this is the bill—I was present at the trial, and heard the prisoner examined—I did not take a note of his examination—I recollect his being questioned about an alteration in the bill—he was our witness—he was asked if he knew anything of the alteration in the bill—I cannot recollect his exact words, but the effect of his words was that the alteration had been made by consent of the drawer and acceptor—I do not recollect his saying who made the alteration—he said it was made by consent of Stock and Hull—it was admitted that the alteration had been made.
Cross-examined by MR. CLARKSON. Q. How long has the prisoner been an officer of the Sheriff of Middlesex? A. Some years I believe—I never heard anything against his character—his evidence was confirmed by two witnesses on the part of the defence—the Jury did not hesitate a moment.
JAMES STOCK . I am out of business—I am the drawer of this bill of exchange—it was dated the fourth of May when I drew it—I handed it over to the prisoner to be discounted on the 6th of May—at that time it bore date the 4th of May—I never in my life authorized the prisoner or anybody else to alter it to the 14th—I knew nothing of the alteration till I was told it was presented.
COURT. Q. Should you have objected to the alteration, which would postpone the payment ten days? A. I certainly should not have consented to the alteration.
MR. BALLANTINE. Q. Did you hear the prisoner examined on the trial?
A. I did—he said I was a consenting party to the alteration—I do not know that he said who altered it—I think he said I consented within ten; twelve, or fourteen days, or something of that sort—I cannot exactly say—I never was a consenting party at any time—I believe the bill was shown to him.
Cross-examined. Q. You are out of business, what have you been? A. I have been a butcher—I have left that three years, and am living on my property—Mr. Hull is a hackney master—he keeps horses—he owed me 20l.—the bill was given in exchange for another—it was a renewal—the other was drawn at the same date, three months—Hull was not able to take it up—I was able, but did not, because I wanted Hull to take it up—I did not apply to Shannon to renew it, nor tell anybody else to do so—it was not renewed for my accommodation.
COURT. Q. Was the renewed bill in the prisoner's hands? A. Yes—the transaction was to postpone the day of payment by giving a new bill to run a longer time.
MR. CLARKSON. Q. How many renewals were there before you came to this bill? A. There might be two or three—I am sure there were not six nor five—I will not swear there were not four—there might be two or three.
COURT. Q. Then how old was the original bill? A. It might be nine months—I was the drawer of the original bill—I do not approve of the alteration in the date—I did not know it was drawn on Sunday when I drew it—I do not approve of it, because I consider the alteration vitiates the bill
MR. CLARKSON. Q. What was Hull in' your debt for? A. For money advanced, lent to him at different periods, various amounts—I cannot exactly say how much—I have not got my books with me—I keep memorandums of money—he might have owed me 30l. or 40l. about that time—he is a cab-master—I cannot exactly say when I lent him the last sum before this bill was given—it was last year—it might be—I have lent him money for two or three years—I cannot exactly say when the last loan was—I very likely might lend him some last year—(I have lent him money since, this very year even)—it was a bill I drew on him—it was not an accommodation bill—I lent him money to begin business with, at different times—I cannot say when I lent him the last sum before the bill was given—I asked him to give me the bill—I might have had the first bill for this 20l. perhaps two years ago—it was renewed at three months every time—I will not be certain when the first was given—it possibly might be in 1845—it must have been in 1844—I am not in the habit of drawing bills—I have none outstanding now.
Q. What was the sum you last lent to Hull preceding to the giving of this bill? A. Very likely 10l. or 5l.—I have lent him 5l. and 2l.—it was at my own house—I do not want anybody present when I lend money—I have been sued on the bill and paid it, and I have Mr. Lewis's receipt for it—there was no execution on my premises—my receipt is dated Dec. 9th—the trial was on the 1st of Dec.
Q. After the verdict was recovered against you, was there speedy execution given? A. I had the money by me—the judge did not order speedy execution to my knowledge—I had notice to pay the money on Friday and paid it on the Monday.
MR. BALLANTINE. Q. Was an execution put in or not? A. Not any—I drew the bill—I did not derive a farthing benefit from it—Hull owed me the money—all I have against him, is this bill which has been altered.
MR. CLARKSON. Q. One of the witnesses who appeared to corroborate the statement of Shannon was Mott, was it not? A. I understand so, and Perkins the other—I understand Perkins is dead—I have indicted Mott for perjury.
MR. LEWIS re-examined. The costs were taxed on the 8th—I got the money on the 9th.
Cross-examined. Q. Are you and Mr. Stock on friendly terms? A. We always have been—if he had called on me to pay the debt I owed him I would readily have paid him if I had the money—if I had it not I would give him a bill, which I did many times—I have paid some of the bills I gave him—we have had other bills besides this—I had four with Mr. Shannon, that has been renewed four times.
COURT. Q. You would have been ready to pay this bill if it had not been altered? A. I went with the intention of paying it, and taking it up, but Mrs. Shannon said it was not due—I went on the 7th of Aug.
MR. CLARKSON. Q. If Stock had called on you and said it was not a good bill and you must give him another, you would give it him, would not you? A. I should see that destroyed first, and then give him another if I owed him the money—I do not know how much I owed him—we first began this about twelve months ago—the bill was for my accommodation—I owed him the money—Shannon had the bill to discount—I was never in confinement an hour in my life—I had the money in consideration of this bill, twelve months ago—I had it all together.
COURT. Q. And you have been renewing and renewing? A. Yes, four times.
Q. And you got impatient to pay on the 7th of Aug. and called to pay? A. I heard the bill would not be renewed, and went to get it renewed or take it up.
MR. CLARKSON. Q. Did you hear the Lord Chief Baron say that was rather too much, he would not believe they would not take the money when you offered it? A. Mrs. Shannon said it was not due.
COURT. Q. Did you take the money? A. Yes, in gold and silver—I think about twelve sovereigns, and 8l., in silver—I did not produce the money—there was nobody there but Mrs. Shannon—she said the bill was not due—I told her I had come to take it up.
MR. BALLANTINE. Q. When it became due, an action was brought against both drawer and acceptor? A. I believe so.
JAMES WARD . I was attorney for the defendant in this action, and took a note of what the prisoner swore on the occasion—I have not got the note—I believe it is among the papers handed to counsel—I recollect what the prisoner swore—it was that he made the alteration with the consent of the drawer and acceptor, at the office, when they went to get the bill discounted—that it was on the Wednesday or Thursday after the bill was dated.
COURT. Q. Did he state why the alteration was made? A. He referred to the almanac, and saw it was dated Sunday, and before he discounted it, he got it dated on a day it would be legally drawable—that was his statement.
JOSEPH HULL . I am the uncle of Hull—I saw this bill on the 20th of Jan. when I went to Mr. Shannon's for the purpose of seeing it, as I understood it was drawn on the 4th, and that was Sunday—I went on purpose to see it.
COURT. Q. Who told you it was drawn on the 4th, and who sent you to see it? A. I went, seeing John Hull had entered it in the book—he said,
"Why, this is drawn on Sunday"—I said, "Are you sure of it?"—he said, "Yes"—I said, "I will call on Shannon"—I called, and he showed it to me—it then bore the date of 4th May—I did not tell him my reason for coming—I said I wished to see exactly when it became due.
Cross-examined. Q. Do you remember hearing the Lord Chief Baron ask why in the name of fortune you should go to see a bill at three months date, dated in May, to see when it was due, when you had seen the particulars of it in your nephew's book? A. Mr. Shannon had mentioned to me a few days before that my nephew must pay the bill this time, for he could not renew it again—I was never employed but once by Shannon to go in possession.
NOT GUILTY .
OLD COURT.—Tuesday, March 31st, 1846.
Second Jury, before Mr. Recorder.
818. JAMES THOMAS and GEORGE WOOD were indicted for feloniously breaking and entering the dwelling-house of George Sloane, on the 18th of March, and stealing therein, 36 bottles of wine, value 7l. 10s.; and 1 umbrella, 1s.; his goods.—2nd COUNT, stating it to be the dwelling-house of George Sloane and others.
MR. CLARKSON conducted the Prosecution.
DANIEL MAY (City police-constable, No. 357.) About three o'clock, on Wednesday afternoon, the 18th of March, I saw a crowd of people on Blackfriars-bridge—I saw the two prisoners there—Thomas had a carpenter's basket, containing a number of bottles of wine—he was drunk—Wood had this umbrella with him—I went up to Thomas; and when I did that, Wood came to me and said, "That is my mate"—he was not sober—he drew from inside the umbrella, two bottles of wine, and put them in Thomas's basket—some of the bottles were broken—Wood said, "We shall have to pay for this to-morrow"—Sergeant Knight came up—I allowed them to proceed for a short distance—I then called Knight's attention, thinking all was not right, and we took them into custody—Knight took possession of the wine—I took them to the station-house—Thomas said he had brought the wine from No. 29, Moorgate-street, from Mr. Watson—Wood was in hearing at the time—he said he was taking it a little way over Blackfriars-bridge—the prisoners were asked their address—Wood gave no address—Thomas gave his as No. 25, Garlic-hill, which is the station-house—I went to Messrs. Watson's, of Water-lane, as their names appeared on the seal of the corks of the bottles—in consequence of what I learned there, I caused inquiry to be made at Mr. Sloane's.
Thomas. I was at the other end of the bridge when the policeman laid hold of me, I told him a man asked me to carry them to the Elephant and Castle, and said he would give me 1s., he began breaking the bottles, and gave me a drop of wine. Witness. He did not tell me so.
EDWARD KNIGHT (City police-sergeant, No. 208.) I was on duty—May made a communication to me; in consequence of which, the prisoners were stopped, and taken to the station-house—I have heard May's evidence—it is correct.
MARY TERESA SLOANE . I am the wife of Mr. George Sloane, a special Pleader, who resides in Pump-court, Temple. On the 18th of this month, between two and three o'clock, I looked out of the window in Pump-court—I heard something break, which I thought was a jug or pitcher, and I saw Thomas, with a carpenter's basket over his shoulder, and an apron on, with something in it, kicking a bottle on one side—he was about a yard from the
rail of the step, close to the outer door of the chambers—afterwards, in the evening, we found the cellar had been broken open, and I went down with my servant to pick up the neck of the bottle, and found it had my wine-merchant's name on it, Day and Watson—I had it taken to the station-house—my husband had had some wine in on the 17th—I know this umbrella to be ours—it was lying about the chambers when they were painted, and I put it in the cellar, in the same place with the wine.
Thomas. Q. How can you swear to me? A. I looked at you—you had an apron on, and a carpenter's basket, which I described before I knew you were in custody.
JOHN WILLIAM WATSON . I am in partnership with Mr. Day and Son, as wine-merchants, in Water-lane, Tower-street. Mr. Sloane is one of our customers—I remember sending him, on the 16th or 17th, two dozen of port wine, and two dozen of sherry—it is our custom to put our seal on the corks of the bottles with which we supply our customers—we hardly ever do so till just before we send them out—(looking at one of the bottles)—this is an impression from our firm seal—I have tried the wine—it was from recognising the seals and the appearance of the bottles that I found out where they had been sent—the officer came about five o'clock in the afternoon of the 18th—we went to the prosecutor's cellar, and found some sawdust, which corresponded with that in the basket.
GEORGE SLOANE, ESQ . I am a special pleader, living at No. 6, Pump-court, Temple. I had seen my cellar at eight o'clock in the evening of the 17th—I had had some wine in on the morning of the 17th—I occupy chambers on the second floor, but I hold them under the same lease as the cellar—there is an intermediate occupation—there is no internal communication between the rooms in which I live, and the cellar from which the wine was taken—there is a common door to the cellarage of the chambers on the ground-floor, which is sometimes open and sometimes closed—the common door leads to the different private cellars of the gentlemen living in the chambers—one of those private cellars belongs to me—on the evening before, that was secured by a hasp, staple, and padlock—about six or seven o'clock in the evening of the 18th the officers came—I immediately went down to see what was the matter—this is the hasp—the padlock had not been broken—it was locked precisely the same as I had left it, put on again—by raising the aperture in that hasp, I found that the padlock would go through it—I have no doubt they had applied a crow-bar or something to the narrow end—I missed from the cellar, as far as I knew at that time, three dozen and seven bottles of wine.
COURT. Q. Is there a common door opening into so many bins? A. No—this is a coal-cellar—I have coals in there, and other people have coals there—there is a separate door to the coal-cellar, but there is no separate door where I keep my wine—it is one large cellar—in one corner I have wine, in another furniture, and so on, and in another coals—it was a very good padlock to that door, which was fastened with the hasp and the staple—I recognise the umbrella—there is no other key to that door—nothing except the padlock—there was a lock on, but it was worthless, and never used—the padlock is one of Chubb's patent.
Thomas's Defence. I had been over to King's-cross to work, and coming over Blackfriars-bridge I saw a crowd of people and two men fighting; I saw this man fighting: a man in a black coat asked me if I would carry this basket; I said I had no objection; he said he would give me 1s. to carry it to the Elephant and Castle; I went to lay hold of it, and this man came up
and said, "I was hired to carry this basket before you;" I walked with him to the other end of the bridge; the policeman came and laid hold of me; I went quietly enough with him.
Wood's Defence. I was coming towards Blackfriars-bridge, and I met a man with the basket of wine; he asked me to help him with it; I agreed; we walked to the end of the bridge; when putting it down to rest we broke one of the bottles; some man came up and wanted to carry the basket; I would not let him; and while the fight was going on another bottle broke.
MR. WATSON re-examined. The bottles in the umbrella were similar to those in the basket.
Confined One Year.
819. JOSEPH BOSWELL was indicted for stealing 1 purse, value 2s.; and 5 sovereigns, the property of John Lambert Broughton:— also for stealing 100 silver coins, 5l.; 100 pieces of silver, 5l.; 1 piece of copper coin, 16s.; 100 pieces of copper coin, 10s.; 100 pieces of copper, 10s.; 100 pieces of silver foreign coin, 5l.; 100 pieces of silver, 5l.; the monies of William Provashing Roberts:to which he pleaded
GUILTY. Aged 20.— Judgment Respited.
820. JAMES HOLLYWOOD was indicted for stealing, on the 26th of Feb., at St. Martin Ludgate, 1 purse, value 6d.; 1 cash-box, 4s.; 1 carpet-bag, 3s.; 77 sovereigns; 5 half-sovereigns; 20 shillings; 1 sixpence; 12 pence; 5 halfpence; 1 20l., 1 10l., and 5 5l. Bank notes, the property of James Sykes, his master, in his dwelling-house.
MR. CLARKSON conducted the Prosecution.
JAMES SYKES . I am one of the vergers of St. Paul's Cathedral. The prisoner lived with me about three years as a servant, or to do anything he was required—he assisted me in the discharge of my duty as verger—part of the time he boarded and lodged in the house, but did not receive any wages, except it was when he was engaged at the church—he had 6s. a week—on Thursday, the 26th of Feb., I went with my wife to Greenwich—he was then in my service—he had the care of the house till I came back—I left about half-past two o'clock in the afternoon—I returned about six o'clock—the prisoner was then gone—I went up into my bed-room, which is the front room third floor, and found my door, which had been locked, unlocked and open—I had taken the key in my pocket—there was a cupboard in the bedroom in which I kept my money—that was locked when I went out—I found it unlocked—I had a little cash-box in the small wardrobe drawer—the purse was not in that, but in the closet—there was, as near a I can guess, a 20l. note, two 10l. notes, and five 5l. notes, and I think about eighty sovereigns or so, in the purse when I went away, amounting in the whole to about 140l.—that purse and money was gone and the cash-box, there was about 40l. in the cash-box in silver and gold, and a promissory note for 10l.—I have not the numbers of the notes—I have since seen the 20l. note, which was rather conspicuous, being cut in two—the amount of the notes shown me corresponded with my loss—the purse has been shown me and the cash-box, but it has been very much dilapidated since I lost it—I also lost a carpet-bag—I have since seen one which I believe to be mine—my box I cannot swear to.
Cross-examined by MR. BALDWIN. Q. I believe besides assisting you in
the church the prisoner assisted in the family? A. Yes, he made himself generally useful—he was in the habit of being in the room where this money was—I was not aware that the key of the parlour-door opened that room—I have since found that it does so—during the time the prisoner was in my service I had never had any reason to complain of him before this.
JAMES TUCKER . I am in the service of the Rev. Mr. Hall, one of the minor canons of St. Paul's Cathedral—he lives near Mr. Sykes—I heard of Mr. Sykes' robbery on Friday the 27th—on the evening before that I saw the prisoner in Stationer's-court, about half-past five—he told me he was going to Norwich for a few days—he had a carpet-bag with him, like the one produced.
EDWARD KNIGHT (City police-sergeant, No. 208.) In consequence of information on the night of the 12th of March, I went to a concert-room in the Kingsland-road, I there found the prisoner—I took him into custody, and told him, "I apprehend you for stealing 200l. from Mr. Sykes"—he said, "I am very sorry for it, I should have sent some of it back, but that I was afraid to trust it with any one"—I said, "It is now necessary for me to tell you that all you have to say, relating to this case, I shall be obliged to repeat before the Magistrate"—I put him into a cab and took him to the station-house—he there told me he had been to Birmingham, that he had thrown the cash-box down a water-closet, and the carpet-bag he had left at a public-house—he described the house—I searched him and found in his right hand coat pocket a pocket-book containing 75l., 10l. in gold, and 55l. in Bank of England notes—one was a 20l. note—the 20l. note was cut in two and put together again—I took a watch from him, he told me he had purchased it out of the money—the money was counted over in his presence—I found 20s. 6d. in silver and 14d. loose in his pocket—Shipley took from him the purse and four sovereigns, which he handed to me at the time—after I had searched him he said he did not think there was so much as 200l.—I went to Birmingham and found the cash-box down a water-closet at a house—I recovered the carpet-bag in consequence of what he told me—I produce it—I have shown them to Mr. Sykes and he has spoken to them.
MR. SYKES re-examined. The house is my dwelling-house, it is in the parish of St. Martin, Ludgate, at Amen Corner—I have seen the pune—it corresponds with the one I lost, and there is a considerable portion of the same denomination of money found on the prisoner, both as regards notes and gold—I had never taken the number of the notes, but I can remember the 20l. note and can speak positively to it.
Cross-examined. Q. Do you know exactly what number of notes you lost? A. Yes, there was one 20l. note, and two tens, and five fives, there is one missing—I am sure there were two tens—I had seen them about a fortnight or three weeks before.
(Luke Gill, gentleman, No. 150, High Holborn, gave the prisoner a good character.
) GUILTY. Aged 24.—Strongly recommended to mercy. — Transported for Ten Years.
MR. CLARKSON conducted the Prosecution.
of the trustees of Mr. Denham, the ironmonger, in Bull and Mouth-street; to the amount of 15s.—I paid the prisoner for them the day following, and he gave me this receipt—(read).
Cross-examined by MR. PAYNE. Q. Had you ever seen him before? A. Yes, in the shop—I have a distinct recollection of paying the money to him.
THOMAS NATHANIEL DENHAM . My father keeps the shop in Bull and Mouth-street—Mr. Hayward is his principal trustee—I lived in the house and served in the shop—on the 8th of Oct. last I received 8s. 6d. of Gardener—I gave him a receipt for it, and gave the money to the prisoner, who was acting as manager for the trustees—it was part of his duty to receive money—he used to account for it every week to Mr. Hayward, and kept a petty cash-book—I handed the prisoner the money about five minutes after I received it—this is the bill and receipt.
Cross-examined. Q. When did the prisoner first come to manage the business? A. I think in Sept.—my father did not attend in the shop—he lived in the house—two of his sons were in the shop—my father did not interfere in receiving the money—he might have sold things when the prisoner was gone to dinner—I received money if I was there, and my brother did sometimes—I never saw the prisoner lend sums of money to my father, nor heard my father ask him for any—I am not aware that my father had from the prisoner to the amount of 8l. or 9l.—I never heard that from my father—I do not remember anything happening to the prisoner's eye—I saw at Guildhall that there was something the matter with his eye—I remember a mad dog coming into the shop somewhere about Oct.—the prisoner was very much frightened by it, and said he had been bitten by a dog at different times—there was a Mr. Brown employed there as an accountant—I have not seen the prisoner lend Mr. Brown money—I have seen him give him money sometimes—Mr. Brown used to come in and attend to the books—he did not assist in managing the business—I have not seen the prisoner frequently pay money to Mr. Brown—he gave him money on a Saturday night.
MR. CLARKSON. Q. After the mad dog came and went away, was the prisoner in the habit of receiving money and accounting as usual? A. Yes.
ROBERT TIDSWELL . I am one of the firm of Grout and Co., crape manufacturers. On the 19th of Nov. I purchased a plate-warmer at Mr. Denham's shop—1l. 5s. was paid for it—this is the receipt that was given—I do not know to whom the money was paid.
WILLIAM WILLIAMS . I live at No. 22, Albion-buildings, Bartholomew-close. On the 19th of Nov. last I was in the employ of Messrs. Hayward and two others, the trustees of Mr. Denham—I was directed by the prisoner to take a plate-warmer to Grout and Co.—I took this receipt with me—I received the 25s. and gave it to the prisoner.
JOHN PEARSON HAYWARD . I am a paper-hanger, and carry on business in Newgate-street. I acted as one of the trustees of Mr. Denham, the ironmonger, in Bull and Mouth-street—the prisoner was in the service of the trustees—among other duties that he had to perform, he had to collect and receive money on our account—he was to set down in the book what he received and to account to me every Saturday night—there was a day-book, a cash-book, and a till-book, which are here—there is no entry in either of them of 15s. received by the prisoner of Mr. Curtis on the week ending
Saturday, the 11th of Oct., or of 8s. 6d. received from Mr. Gardener on the 8th of Oct., or of 25s. received from Mr. Tidswell in the week ending the 22nd of Nov.—he did not account to me for either of these sums—if I had received them they would have been in the books.
Cross-examined. Q. Who introduced the prisoner to the concern? A. Mr. Burrell, one of the trustees—Mr. Brown was not the person to receive money—he is dead—I never received money through Brown's hands, and do not know that he received any—I have looked into the books to see whether either of these sums are entered there in the following week—I find no such sums entered throughout the whole books—I remember the prisoner going away ill—I cannot say exactly when it was—I do not know that the elder Denham received money from the prisoner while he was in the shop—Brown has sent in an account—I do not recollect that I authorized my solicitor to write to the prisoner requesting his account that it might be settled—I directed him to request the prisoner's attendance—I do not know that he was then in the Ophthalmic Institution—I do not think he was—I distinctly say that I have looked through the books and do not find any account of the sums in question.
MR. CLARKSON. Q. Had the prisoner any authority to account to any person in the establishment for moneys received except to you? A. No—I managed the cash account—Denham received money up to the time the prisoner came into our service—from that time he was the only person authorized to receive money.
BENJAMIN EDWARD DENHAM examined by MR. PAYNE. The prisoner has borrowed money of me, and I have borrowed a few shillings of him—I do not at this time owe him between 8l. and 9l.—I owe him about 3l. 7s. 6d.
MR. CLARKSON. Q. Did he ever give you any monies on account of the trustees? A. Never.
COURT. Q. Have you any interest in the concern? A. Yes, it is my property, in trust for the benefit of the creditors—the last money I received from the prisoner was, I suppose, about the early part of Dec.—they were private borrowings of my own—I do not know that he had anything but his weekly salary.
NOT GUILTY .
RICHARD PALMER . I am a builder, and live in Bartholomew-close. About the 1st of Sept. I purchased goods at the premises of Mr. Denham, to the amount of 6l. 5s.—I paid for them either the same day, or the day after, to Thomas Denham, who gave me this receipt—on the same day I paid a further sum of 1l. 3s. to the prisoner for more goods, for which he gave me this receipt, on the same paper on which Denham had receipted the 6l. 5s.—I had purchased the first parcel of the goods of the prisoner, but I paid Denham.
Cross-examined by MR. PAYNE. Q. I believe you had another account of 6l. 5s. before that? A. Yes.
MR. CLARKSON. Q. When was that? A. On the 28th of Aug.—that was for goods bought at Denham's shop of the prisoner.
Cross-examined. Q. I suppose you have no distinct recollection of what it was? A. Yes, I remember it was a 5l. note—I cannot tell whether the silver was 5s. or a 5s. piece—I paid it to the prisoner the same afternoon—the porter was in the shop at the time—Mr. Brown was not there.
THOMAS GIBSON . I am warehouseman in the employ of Messrs. Lindsey and Co., of Bread-street. On the 25th of Nov. I sent this order to Mr. Denham's for a pin and scoop—the porter brought the goods, and I paid him 8s.—he gave me this receipt.
FRANCIS NORTHWOOD . I was in the service of the trustees of Mr. Denham in Nov. last as smith—I took the pin and scoop, by the prisoner's direction, to Messrs. Lindsey and Co., in Bread-street—I got the money, and gave this receipt—as far as I recollect I received two half-crowns and 3s.—I gave it to the prisoner the same day.
COURT. Q. Where did you pay it to him? A. In the show-room—he was near his desk.
JOHN PEARSON HAYWARD . I am one of Mr. Denham's trustees. The prisoner was appointed the collector and receiver of money—I told him not to pay any money to Mr. Denham or to Mr. Brown—I have looked through the books to see whether the prisoner has accounted to me for any sum of 6l. 5s. paid on the 1st of Sept., or for 8s. received on the 5th of Dec.—he has not—it was his duty to account to me every Saturday night.
Cross-examined. Q. When did Mr. Brown die? A. I believe on the 24th of Dec.—I have his accounts—I have examined all the books—in the day-book, No. 5, I find that, unknown to me or my brother trustees, the prisoner has charged himself with some goods on a subsequent date, to the amount of 6l. 5s.—the entry is in the prisoner's handwriting.
MR. CLARKSON. Q. What is the date? A. The 13th of Oct.—that can have no reference to this—I never had any account from Brown, except what was due to the estate as accountant—I never had any account from him of any money received from the prisoner—I cautioned the prisoner, when I took him into the employment, not to pay any money to Brown—Brown was never authorized to receive money—the prisoner entered our service at the latter end of May.
NOT GUILTY .
Before Edward Bullock, Esq.
NOT GUILTY .
GUILTY . Aged 14.— Confined One Month.
(The prisoner received a good character)
CHARLES LONG . I live in King-street, Baker-street, and am a house decorator. The prisoner has been twelve months in my service—I went out of town in Aug., 1844—she was left in charge of the house—I was absent a fortnight, but Mrs. Long for three weeks or a month—we returned early in Sept.—the prisoner afterwards left our service, and we directly missed the blankets and sheets—we had let part of the house, and left plenty of blankets and sheets, but on Mrs. Long's return there was scarcely any left—I saw the curtain about a month before we left.
CHARLES ROBERTS (police-constable D 26.) On the 20th of Feb. last the prisoner was given into my custody for robbing her ready-furnished lodging—I told her she must go with me—she said she could not at first—she came out of the door—I said, "You had better let me have the key"—she said, "No, I will lock it myself"—at the station the female searcher found the key on her, with several others—I went back to her lodging, and found two duplicates for three blankets, two sheets, and a curtain, in a small box in her room—the box was locked, and she had the key in her pocket.
WILLIAM HENRY GRIFFITHS . I live in York-street, Marylebone, with Mr. Platt, a pawnbroker. I produce a curtain pawned on the 8th of July, 1845, and a blanket on the 16th of July, 1845, in the name of Ann West—I gave the duplicates produced to the person pledging them—I have no recollection of her.
GUILTY. Aged 30.—Recommended to mercy. — Confined Three Months.
GEORGE TIDBURY . I am a private in the Scotch Fusileer Guards. On the 21st of Jan. I went into the Bakers' Coffee-house, Old Quebec-street, and had a glass of rum and water in the tap-room—the prisoner served me—I gave him a 5l. note to pay for it, and bring me the change—I saw no more of him—I went to the landlord in about ten minutes, and the prisoner was gone.
JOSEPH FRANKLIN . I keep the Bakers' Coffee-house. I have known the prisoner nine or ten years, working in different yards in the neighbourhood—he has been in and out of my house, but was not employed by me to serve customers—I had a regular boy—on the 21st of Jan., between five and six o'clock, he came to the bar for some rum and water—he was served with it—he came to the bar soon after to ask for change for a 5l. note—I said I had not got it—my boy was coming along the passage with some coals, and the prisoner directly bolted out of the house—he was afterwards brought back by Fletcher—I sent for a constable, and gave him in charge.
ROBERT FLOOD . I am a footman, and live in Old Quebec-street I heard of this, and about a quarter to nine o'clock, on the 23rd of Feb., I saw the prisoner at the corner of Oxford-street, near Great Cumberland-street—I went towards him—he walked away down the Bayswater-road—I followed him till I got opposite Albion-gate, and crossed again in Hyde Park-square—I followed, and said, "Ginger, is that you?"—I knew him by that name—he said, "Yes, it is," and he hoped I would let him go, as he was very sorry for what he had done—I said he ought to be ashamed of himself for robbing a poor soldier; I must take him to Franklin—he asked if I could call Franklin out to speak to him, and he said if Mr. Franklin would forgive him he would write to his friends and get the money.
(The prisoner pleaded poverty.)
GUILTY .— Confined Six Months.
OLD COURT.—Wednesday, April, 1st, 1846.
Third Jury, before Mr. Justice Maule.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES DRISCOLL (police-constable C 2.) I attended these Sessions in Aug., 1843, and was present when the prisoner was convicted of uttering two counterfeit shillings—I was the officer in the case, and had her in custody.
SARAH ROGERS . My husband keeps the White Hart, Drury-lane. On the evening of the 13th of March the prisoner came for half-a-pint of porter, which came to 1d.—I served her—she gave me a shilling, and at that time put her hand to her mouth, and said she had received a blow on her lip—I said the shilling was bad—she said she did not know it—my husband came and took the shilling out of my hand—she was taken into custody.
JOHN JONES . I am a chemist, and live in High Holborn. On the 12th of March, between two and three o'clock in the afternoon, the prisoner came and asked for an opening powder for her child—I gave her one, which came to 1 1/2 d.—she gave me a shilling—I saw it was bad, and cut it in two, told her it was bad, and asked where she got it—she said her husband gave it to her—she gave me the name of Mary Flannagan—she wanted one of the halves of the shilling to take home to her husband, to show him it was bad—I said he must come and see it himself—nobody ever came—I put away the two halves, and gave them to Atwood—I am certain of her—she has a mark on her lip.
Prisoner's Defence. I never was in that man's house in my life, and know nothing of what I am charged with.
GUILTY . Aged 45.— Transported for Ten Years.
(The prisoner had been convicted five times of like offences.)
828. JOHN GREENING was indicted for stealing a certain post letter, containing an elastic strap and buckle, value 6d.; 3 pieces of printed paper, 1d.; 2 written invoices, 1d.; and 1 letter, 1d.; the property of Her Majesty's Postmaster-General.—2nd and 3rd COUNTS, for embezzling and secreting the same.—4th COUNT, for stealing the said goods out of the letter.—5th COUNT, for stealing the said letter and goods; the property of the Right Hon. Edward Granville, Earl of St. Germains, Her Majesty's Postmaster-General; he being employed under the Post Office.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
LADY SARAH JEFFERY MEDLYCOTT , I am the wife of Sir William Coles Medlycott, Bart., and reside at Venn-house, Milbourn Port. On the 21st of Feb. last Sir William was in London—I addressed a letter to him, and enclosed in it three advertisements, two invoices, an elastic strap and buckle, and two bills—the strap was enclosed in the cover—I sealed the envelope,
and addressed it to Sir William Medlycott, or Sir W. C. Medlycott, Cox's Hotel, Jermyn-street, St. James's, London—I put the letter myself into a letter-box, in my own hall, on the evening of that day—this is the envelope of the letter I so addressed (looking at it)—these are two of the advertisements—one is gone—these are the bills, and this is the elastic strap, and this is the cover in which it was enclosed separately—my letter to Sir William is also here—with the exception of one advertisement, all is here that I enclosed on that day.
Cross-examined by MR. BALLANTINE. Q. Are these printed advertisements? A. Yes—the invoices are bills not receipted—there is no stamp to them—I do not know whether the usual description of this article is an elastic strap.
GEORGE SELWAY . In Feb. last I was in the service of Sir William Medlycott, as footman—on Sunday afternoon, the 22nd of Feb., I took the key of the letter-box to the pantry, unlocked the letter-box, and took out five letters—among others, one in the handwriting of her ladyship, addressed to Sir William—this is the one (looking at it)—I put them into the letter-bag, locked the letter-box, and took the key to the pantry, and then went with them to the post-office at Milbourn Port.
CHARLES JOHN WHITING . I am a clerk in the inland-office of the General Post-office—this envelope has the Blandford post-mark of the 22nd of Feb. last—the other post-mark on it is Milbourn Port—I find the mark of the inland-office, London, of the 23rd of Feb. upon it—that indicates the safe arrival of that letter at the General Post-office on the 23rd—at that time the prisoner was in the employ of the Post-office, as a letter carrier—I am not aware how long he has been so employed—when letters come, they are first sorted at the general sorting-office—the prisoner's duty after the sorting, would be to collect from that sorting to No. 3 district—a letter addressed to Cox's Hotel, Jermyn-street, would come into the No. 3 district, in the usual course—in the course of his duty on the morning of the 23rd of Feb. he would have an opportunity of coming in contact with that letter.
Cross-examined. Q. And I presume others would have the same opportunity? A. No, not in the collecting—the opener of the bag would have access to this letter, but not any person who happened to be present.
Cross-examined. Q. You have seen the contents of the letter since? A. Yes, and have read the letter—the article called an elastic strap is a garter.
ROBERT TYRRELL . I am a police-officer, stationed at the General Post-office—on Monday, the 23rd of Feb., I was directed to take my place near where the water-closets are, in the Post-office—there is a row of these water-closets against a wall, without any doors, separated from each other by a small partition, but the front is open—facing the water-closets there is a wall—in that wall there is a circular of, I should say, a foot and a half wide, covered with a small wire—that would enable a person on the other side of that wall to have a view of the water-closets—there is a gas-light in front of the water-closets, throwing a light into the whole of the water-closets, so that any one can see—they are open at the top as well as in front, so that the light is thrown on them—I was stationed behind the gratings—I observed the prisoner come there about seven o'clock in the morning—he remained there a short time, and then left—he returned again about half-past nine o'clock, and went into the farther water-closet—I had a view of that—he undid his dress, and sat on the seat—after he had done that, I saw him take a letter, with his right hand, from his left hand inside coat-pocket, and bring it in front of him—there were footsteps approaching, and the prisoner replaced it again—all was silent, and he brought it out again a second time—he then took his right
hand, with the letter, and brought it to his left side, and from the motion of his arm and hand, I was induced to suppose he was breaking the letter open—his hands were working about—he then brought the cover of a letter behind him, and dropped it down the seat—on observing that, I left mf position, and went round to where he was sitting—I was perhaps a minute, or not so long, in doing that—the moment I entered, he put his right hand to his left hand pocket—I seized his arm, and asked what he had got there—he said, "I don't know; money, I think—I have just picked it up, and intend taking it to the inspector"—I then put my hand into his left hand pocket, and took out this packet—at the same time I placed my knee on the seat, to prevent it from rising—on the seat rising, the water will flow, and carry everything away—I also prevented the prisoner from rising—I took these two bills and the elastic strap out of the same pocket, and then sent for the plumber—I detained him there till the plumber came, and then told the plumber to search the seat, and took the paper and cover he found there—I saw him take this cover from the pan—I told him to take all papers, mark them, and bring them to me—he marked this cover and these three parts of letters, which he gave to me—I saw this cover taken from the seat.
Cross-examined. Q. Look at what you call an elastic strap; what is it? A. I consider it an elastic India-rubber strap—I should say it is a garter—I had not the naming of it—I know a garter when I see it—it is an elastic strap as well as a garter—I have no doubt about what it is—I was watching on this morning from seven to nine, the whole time, and a little earlier—the prisoner was not the only person I saw—there were some others went into the same water-closet—I recollect perfectly his left hand going into his right hand pocket and so on—I saw the ground of the water-closet from where I was—I had not examined the water-closet at all after any of the other persons had left it—I had not left my place.
MR. BODKIN. Q. As you were there from an earlier hour than seven till this matter occurred, did you notice any letter or anything having the appearance of a letter lying about there? A. Certainly not; the prisoner had not picked up anything, or I must have seen it—I paid more attention to the prisoner than to the other men who came.
MR. PEACOCK. I am solicitor to the Post-office—Edward Granville, Earl of St. Germains is the Postmaster-General.
(Joseph Hodges, a carman, of Bucks; Thomas Walter, of Willesden; James Rodwell, farmer, Long Marsden; and Thomas Wilson, of Willesden, gave the prisoner a good character.)
GUILTY on 5th Count. Aged 25.— Confined One Year.
GUILTY of an Assault. Aged 33.— Confined One Year.
OLD COURT.—Thursday, April 2, 1846.
Before Edward Bullock, Esq.
Upon the evidence of Mr. M'Murdo, the surgeon of the gaol, the Jury found the prisoner of unsound mind, and she was not called in to plead to the indictment.
Before Mr. Justice Maule.
GUILTY of an Assault. Aged 36.— Confined Two Years.
OLD COURT. Friday, April 3, 1846.
Fourth Jury, before Edward Bullock, Esq.
832. EDWARD LOVELL DWYER was indicted for feloniously breaking and entering the dwelling-house of Eleanor Weiss, on the 25th of March, at Hammersmith, and stealing therein 1 scarf, value 1l.; 1 shawl,10s.; and 1 handkerchief, 2s.; her property;to which he pleaded
GUILTY .— Transported for Ten Years.
(Sarah Brown, of Stafford-house, New-road, Hammersmith, and William Haylock, Providence-place, Shepherd's-bush, deposed to the prisoner's good character.)
833. JANE WIGGINS was indicted for burglarously breaking and entering the dwelling-house of Mary Ann Harris and another, and stealing therein 1 bonnet, value 2s. 6d.; 1 gown, 3s.; 1 apron,6d.; 1 cloak, 1s.; 1 candlestick, 1s.; 1 pair scissors, 6d.; the goods of Mary Ann Harris: 1 petticoat, 8d.; 1 bed-gown, 8d.; 3 aprons, 1s.; 2 handkerchiefs, 6d.; 1 handkerchief, 6d.; 1 cloak, 1s.; 1 looking-glass, 1s.; and 1 night-cap 4d.; the goods of Jane Chickelday: 1 counterpane, 3s.; 1 blanket, 3s.; 1 clock, 1s.; the goods of Mary Ann Harris: and GEORGE WILD , for feloniously receiving the same, well knowing them to have been stolen, to which
WIGGINS pleaded GUILTY.—Recommended to mercy — Confined Eighteen Months.
MR. HAKE conducted the Prosecution.
MARY ANN HARRIS . I live in Willow-place, Vauxhall-road—on 26th Feb. at quarter to nine, I left my house—I locked everything up safe—I returned about half-past twelve, and found the shutter of the ground floor window open—I got in at the window, and missed the articles stated—I went to the prisoner Wild's room between six and seven that morning with the policemen Byrne and Wright—I found the two prisoners there; also a counterpane, blanket, two sheets belonging jointly to Chickelday and me, a gown of my own, an apron, cloak, candlesticks, one pair of scissors of my own, a clock, gown, two cloaks, a night-gown, petticoat, and looking-glass, two handkerchiefs, and a bonnet belonging to Chickelday—Wild said that Wiggins brought them there, and she had brought them from her aunt.
Cross-examined by MR. PARRY. Q. Did you know Wiggins? A. I have seen her about—I do not know whether she lived with Wild—she was not in the habit of coming to my house—the articles laid open on two tables in the prisoner's room—I saw them directly the door opened—Wild did not hesitate a moment to let us in—I had not fastened my shutters, but shut them very securely.
JURY. Q. Why did you get in at the window? A. Chickelday, who had the key, had not come home—I value the things altogether at 2l.
JOSEPH WRIGHT (policeman.) On 26th Feb., about ten o'clock, I was on duty in Willow-place—I saw Wiggins standing at the entrance of Willow-place in Willow-street—she stood there from ten to eleven, then went into Willow-place—about seven next morning I went to Wild's house, No. 2, Providence-row, Palmer's-village, Westminster—the prisoners were both there—I found the articles produced in the room.
Cross-examined. Q. Had you seen Wild that night? A. No—I told him he had better open the door, and he did—the things laid on the table.
BENJAMIN BYRNE (policeman.) On 26th Feb., about twelve o'clock, I was on duty in Providence-row, and saw Wiggins, and asked what she had got in her apron—she said it was some clean things for Wild, which she had washed for him—she did not seem to have many things—she went into the
passage of his house, and about half past three I saw her Standing at the corner of Providence-row, and asked what she did there—she said she had been home, and left the things on the stairs, as he was not at home, he had gone to his club, that she felt uneasy, and had come to look for him—that a brickmaker lodged there, and she was afraid he might take the things—a little before four o'clock I saw Wild come up—Wiggins came out of the passage, and said to him, "Do you call this twelve o'clock?"—he said, "What o'clock is it?"—she said, it was nearly four, and the things were on the stairs—they were still talking—I could not hear what passed, but heard her mention the word "Police"—they went in, and shut the door—at seven o'clock I accompanied the constable to Wild's room, and found the property—he said they belonged to the woman; she had brought them from her aunt.
WILD— NOT GUILTY .
Before Mr. Common Sergeant.
MR. BALDWIN conducted the Prosecution.
Cross-examined by MR. PARRY. Q. Are you quite sure she was married?
A. Yes, I was present.
HESTER TYE . I am the wife of William Tye, a labourer, and live at No. 8, George-yard, Golden-lane. On Saturday night, 14th of March, my husband and some of his friends came home together, about half-past ten at night—the prisoner was one of the party—they staid there till about two—some of them brought some beer, and my husband some gin—Mrs. Murary came in about two o'clock—the prisoner was sitting by the fire, on a box—he was very drunk—they had all got very drunk—I did not notice that Mrs. Murray was drunk—she brought a bottle, and asked where she could get something to drink, for a sick person—I said I did not know where she could get it—she put the bottle into her pocket, and went and sat by the prisoner's side for about ten minutes, then got up to go out—when she reached the door the prisoner followed her, saying "You have got a shilling belonging to me"—she said "I have not" he said, "You have," and gave her a blow on the shoulder, not a hard one, with his open hand, and insisted that she should not go unless she gave him the shilling—she said she had not got it—he gave her another blow, not very hard, by the side of her face—they went out as far as the stairs—he said, "You must give me my shilling, or I will have your pocket"—they had a little scuffle on the stairs, and went out together—mine is a ground-floor room—the stairs are at the door—about a quarter of an hour after, I saw Murray lying on her back in the dust-hole, insensible—I helped her into the passage of the next house, gave her water, and tried to restore her—she did not speak a word—the police afterwards took her away on a stretcher.
Cross-examined by MR. PARRY. Q. Is yours a whisky shop? A. No, I kept one once, and I suffered for it—I never saw the deceased much intoxicated—she lived in a court opposite me, but I had not seen her for three months—the men were all drunk when they came in.
JOHN WALDRON . I live in George-yard, Golden-lane, with my mother—I was out on the 14th March, and came home between twelve and one, and was in and out several times—about a quarter to three I heard a row at No. 8—I went to the house, looked in, and saw the prisoner and deceased wrangling about a shilling—they stood just inside the door—I asked the prisoner what was the matter—he said she had taken a shilling from him—I said I did not believe it—another person in the room said, "Oh, yes, I saw her draw her hand from his pocket"—the prisoner then said if she did not
give it him he would strike her—he struck her once on the face, and once on the breast—he was in the room when he struck her—she did not fall—I went home, and in three or four minutes heard a woman scream—I went to see what it was, and found her lying in the dust-hole—that was about ten minutes after I saw her receive the blow—she was taken into a house, and afterwards to the station.
ELIZABETH BOWLAN . I am the daughter of Mr. Bowlan, of No. 2, George-yard. I saw the deceased and prisoner at Mrs. Tye's—I saw them both come out about half-past two—I saw the prisoner going down the court and Murray following him behind, crying, and just by the door my mother told her to go home—she said, "I will, if Jennings will let me"—he then struck her with his fist about the face—I afterwards saw her going down the court with her apron up to her face—he struck her again in the face, and she fell into the dust-hole.
Cross-examined. Q. She did not cry out at all? A. No—I did not see whether it was with his open hand that he hit her, for I was going to shut the door at the time.
W. W. BROWN (policeman.) I went up to the deceased, and found her insensible in the passage of Bowlan's house—I gave her water, bathed her temples, and conveyed her to the station on a stretcher—she died there—she never uttered a word.
EDWARD URRY (policeman.) I was at the station when Mrs. Murray was brought there on a stretcher, quite insensible—she did not speak—she vomited, and died immediately after—what she brought up smelt strongly of spirits.
J. B. MATHER. I am a surgeon of the police force—I was called in to the deceased about four in the morning—she was then dead—I made a post mortem examination—I found two marks on the left shoulder, little more than scratches—immediately under them, on raising the skin, I found a slight extravasation of blood—there was nothing dangerous in that—I found no external mark on the head, but immediately under the scalp on the bone, there was a slight mark, immediately over the right eye-brow, as from a blow—all the blood-vessels of the brain were highly congested, the cavities filled with coagulated blood—I cannot say whether that was produced by the blow over the eye—it might arise from purely natural causes without violence at all—I examined the viscera, and found marks of her being a confirmed drunkard—the liver denoted that—the other viscera was healthy—she died of a rupture of a blood-vessel or vessels—I cannot say whether that was from natural causes or violence—I should say from the two combined—a blow might hasten her death, and I will say it did—it was not entirely the cause of death, but accelerated it—it hastened it—she could not live after the outpour of blood, and that was recent.
Cross-examined. Q. With persons in habits of constant intoxication the rupture of blood-vessels is not uncommon? A. Not at all—the vessels are predisposed to rupture—her vessels were gorged with blood.
Q. Will you undertake to say positively the blow must have accelerated her death? A. It is difficult to speak positively—I say it might—the blow alone would not produce death—she might have died at any time.
COURT. Q. You have said you will not undertake positively to say the blow caused death, but do you believe that it hastened her death? A. I must say I do, but it was in combination with the state of things besides—I should not like to say it did accelerate her death—I did say I thought it might, but I should hardly like to say it did.
believe, in the diseased state she was in, the blow over the eye, and the excitement consequent on the quarrel, caused her death, but do not think the blow given suddenly, without the excitement of quarrelling, would have caused it.
Cross-examined. Q. The charge of stealing 1s.? A. The scuffle in trying to get it from her pocket might produce the excitement, and the blow coming on that produce the rupture—I believe she would not have died without the blow.
JURY. Q. Did you see a mark outside her eye? A. Not outside, but under the skin.
MR. MATHER re-examined. Q. You have heard Mr. Courtney say she would not have died without that blood, are you of the same opinion, or different? A. A different one.
GUILTY . Aged 21.— Confined Six Months.
(From the evidence of the surgeon it appeared that the death might have occurred accidentally in the act of parturition.)
NOT GUILTY .
Before Edward Bullock, Esq.
MR. BRIEELY conducted the Prosecution.
ANN WOODCOCK . I live at present at No. 28, Queen-street, Ratcliffe. On Friday, the 5th of March, I lived at No. 2, Pleasant-row, Limehouse, in the prisoner's father's house—about half-past nine o'clock that evening I went down to the kitchen door with my little girl—the prisoner's father asked me what I accused his girl of, that he was informed I bad accused her of taking some things off the bed which were lost on the Saturday before—I said I did not, I had lost several things before, but who had taken these articles I could not say, although my suspicions were very great—Mrs. Atteridge was there, and she said I had accused the prisoner of it while we were getting water from Mrs. Ramsay's mother's—I then went out and got Catherine Ramsay, to know if I had said so—she came in with me, and said I had never named her name at all—the prisoner then got behind her mother and stabbed me on the forehead, over her mother's shoulder, but what with I could not say, for I did not see it—it bled, but not much—it was a cut—I put up my hand and said "She has stabbed me! she has stabbed me!"—I went out and got a policeman.
Cross-examined by MR. PAYNE. Q. How many people were there altogether? A. I could not say, there was their whole family—a man named Craven, who I had lived with, was there—he and I were not drunk—I was Perfectly sober—there was not a regular row—I think there were about four People there—the prisoner is fifteen years old.
SUSANNAH WOODCOCK . I am the last witness's daughter. On Friday, the 6th of March, between nine and ten o'clock, I was down in Driscoll's kitchen—I saw the prisoner strike my mother with a knife which she took off the dresser—it was within her reach—it was a long black-handled knife.
Cross-examined. Q. Where were you standing? A. Against the kitchen door—Mr. and Mrs. Driscoll were in the room—Craven was opposite Mr. Driscoll—my mother was quite sober—she gets her living by going to work,
and sitting down to needle-work—the prisoner's father, mother, and brother were standing at the kitchen door—they could see—Mrs. Atteridge was there—(my father has been dead ten years)—my mother and Craven did not quarrel together at that time—Craven was sober—I am sure of that—he lived with my mother—I lived with them—there was not a regular fight—my mother was standing opposite Mrs. Driscoll at the time the prisoner got the knife—the prisoner was at the side of the dresser, and the knife laid upon it—I swear I saw the prisoner take the knife and strike my mother with it—she was bleeding when she went out for the policeman.
Cross-examined. Q. What time was it the prosecutrix came to you? A. About twenty minutes to ten o'clock—she met me in Nightingale-lane—the wound was about a quarter of an inch in extent—I believe she afterwards went to a doctor—it was not a deep wound—it bled much—there were two streams of blood running down.
CATHERINE RAMSAY . I get my living at needle-work, and live in Globe-alley, Limehouse. On Friday evening, the 6th of March, I was at Mr. Driscoll's—I saw the prisoner come in—while I was talking she make aim at Mrs. Woodcock with a black-handled knife, saying, "Can I bear this?"—Mrs. Woodcock put her hand to her face, and said, "She has stabbed me! she has stabbed me!"—she went to get a policeman—three policemen came—the prisoner did not wish to go at first—she afterwards said, "Never mind, I will put on my bonnet and go; I do not care, I have had my revenge; she had no business to take my character away"—I saw Craven there—I did not see any quarrelling—he was talking rather loud, something about a petticoat—he was not drunk that I saw, nor was Mrs. Woodcock—I saw no fight.
Cross-examined. Q. Are you intimate with Mrs. Woodcock? A. No, no further than by her coming to fetch water from our place—she brought me in as a witness to prove that she had not mentioned the prisoner's name in our yard, when she came for the water—she did not at all give me to understand who she meant had stolen her things—I never saw Mrs. Woodcock drunk, or the worse for liquor—I have known her by sight above four months—I did not know she was living with a man who was not her husband, until the prisoner was in custody—the Driscolls keep the house—I did not notice who was in the room at the time—I believe all the family were there—I did not see Craven interfere at all—he was talking to Mr. Driscoll about the petticoat—Mrs. Atteridge was there, and said that Mrs. Woodcock had mentioned the prisoner's name, which I denied there and then—the prisoner said she did not say so—she did not make her escape before the policeman came.
MR. BRIERLY. Q. Did Mrs. Woodcock complain to you of the loss of her things? A. Yes—she said she could think what she thought proper, but she mentioned no names to me—I had no suspicion who she meant—her face was bleeding, and the blood dripped from her nose and chin.
GUILTY of an Assault. Aged 15.— Confined Three Months.
WILLIAM MALLETT (police-constable G 240.) On the 8th of March, at a quarter to five o'clock in the morning, I was near Saffron-hill—a man came and gave me some information—I went to Great Saffron-hill, and found the prisoner with his coat, waistcoat, and cap off—they were hanging on a post—he was throwing his arms about, and saying the first that came near him he would
smash his brains out—he might be a little excited from drink, but I think was sober—I tried to persuade him to go home—I said, "My good man, don't make a disturbance here"—he said he would smash my brains out—I stood about three yards from him—he walked up to me with a life-preserver, and struck me with it—I did not see it till he struck me—it knocked my hat off—I got hold of him, and he struck me three times more on the side of the head with it—I fell down, and he kicked me a good many times—I got up, fell again, and got up again—I kept hold of him till Allen came—I was insensible and did not hear what he said—while he was striking me he used the most disgraceful language, and swore he would kill me—I saw the policeman coming up—the prisoner then threw the instrument away—I then became insensible—I recovered in a quarter of an hour, and have been under the care of a medical man ever since—I was hurt a good deal in my body.
Prisoner. Q. Did not you strike me? A. I did not—I fell, and you fell over me—I did not kick you—I swear you struck me several times—I did not say at the office that you struck me with a shutter-bolt—I said I thought it was one till I saw it—(the witness's deposition being, read agreed with his evidence.)
EDWARD FRANCIS ADAMS (policeman.) I heard a cry of "Murder," and found the prisoner striking Mallet with a life-preserver—he struck him on the head three or four times—his hat was off—they then closed and fell together, Mallet underneath—I pulled the prisoner off—Mallet got up, reeled across the road, and full again, apparently exhausted—he bled very much—I held the prisoner, sprang my rattle, and assistance came—he said we were a murdering set of vagabonds—he appeared in liquor and very much excited—I saw Mallet pick up the life-preserver about two yards from the pavement—I had seen the prisoner throw it down.
Prisoner. Q. Did you not strike me with your staff? A. No, I never hid it out—you were not beastly drunk, you were able to stand, and did stand till you threw yourself down.
MARIA NICHOL . I live in Great Saffron-hill. About a quarter to five o'clock I was in bed, and was awoke by a noise in the street—I went to the window and saw the prisoner, and prosecutor—I heard the prisoner swear he would murder the first b—y Bobby, or any other that came in his way, and if he did not, he hoped the Almighty would strike him dead—he got hold of the prosecutor, and kept striking him on the head with something in his hand—he fell several times—I cried out till another policeman came up and released him—the prosecutor had not power to strike him at all.
Prisoner. Q. What did I do? A. The policeman said, "Go on, good man" and you directly began on him—I thought he would have been murdered—I think you were drunk, but you knew what you were doing.
WILLIAM HENRY SHEELEY . I am a surgeon—I examined Mallet and found a wound just above the temple bleeding very much, the skin was broken, and he had a severe blow on the temple—such an instrument as this would produce it—he had a bruise on his hip and knee—he was in a state of stupor, and has been suffering since—it will be some time before he is able to do duty.
Prisoner. Q. Might the bruise be from a fall? A. I think not.
Prisoner's Defence. I had been with some friends and was returning, as well as I was able; this man came up; I got struggling with him; he struck me in the back of my neck; I could not keep myself up, and he fell over me; I got up and he struck me again; we both fell together; they all cried out, "police!" the police came up; I was taken a prisoner.
JOHN LENDON (City police-constable, No. 235.) I have a certificate of the prisoner's former conviction—(read—confined nine months)—I was present at the trial and believe the prisoner to be the person.
Q. Will you swear he is? A. Yes, your lordship—his features resemble and correspond with the prisoner—I looked at him very hard when I went to recognize him—I have been eight years in the police—it is twelve months since he was in custody—there might be some alteration in his features—I saw the prisoner in Newgate with others, and said the one with a blue handkerchief round his neck was the man.
CHARLES WILLIAM KENT . I live in Duke-street, Smithfield, and am apprentice to a calenderer—I was present twelve months ago when the prisoner was convicted of stealing half a firkin of butter—I had seen him in Bath-street carrying the tub.
GUILTY . Aged 25.— Transported for Fifteen Years.
830. THOMAS LUCY was indicted for burglariously breaking and entering the dwelling-house of Thomas George Leech, about ten o'clock on the night of the 13th of March, with intent to steal, and stealing therein 1 watch, value 7l.; 1 chain, 15s.; 10 rings, 3l.; and 7 pairs of earrings, 7s.; his goods.
THOMAS GEORGE LEECH . I am a watch-maker and jeweller and live at No. 2, Lime-kiln-lane, Limehouse—it is my dwelling-house, and I occupy it—on the night of the 13th March I left my house about six o'clock—there is a glass window to the shop—there is no sash to it—it is a fixed frame with a wire-guard before the lower part of it—the shutters were not up when I left—the door was shut—I returned about a quarter after ten o'clock—the shutters were then up, but on going inside I found the wire-guard had been taken down, and the window was broken—I missed from the window the articles stated, which were worth 12l.
HANNAH COLLIBEC . I am thirteen years old and live in Mr. Leech's house—about ten minutes to ten o'clock on the 13th of March, my mistress gave me a saucepan to take into the yard—I passed by the shop, and as I was right opposite the window I saw a man's hand come through the third pane of glass—I did not see his person, but I saw there was a man outside with a round cap on—my mistress's mother went out and called "Police!"—I saw a ring picked up outside the window, and someear-rings were found down the court
WILLIAM ELLIOTT . I live in Lime-kiln-lane—I was at work at a place opposite Mr. Leech's shop, and saw a person at Mr. Leech's window—I thought at the time it was about nine o'clock, but it must have been more than that, because I shut up the shop a few minutes after, which is always done at a quarter to ten—I do not think I saw enough of the person to be sure of him—I saw him put his hand through the window, take something out, and run round King John's-court—I afterwards saw Mr. Leech's mother come out—the person had on white canvas trowsers, and a blue jacket and waistcoat—I know the prisoner by sight—I cannot say it was him.
CHARLES FRANCIS . I live in Three Colt-street, Limehouse—I was going by Mr. Leech's shop on this night at near ten o'clock, and saw a person at his window—he pulled down the wire that was before the window, put his hand through the glass, and took something out—I saw the person but could not positively swear to him—I believe it to be the prisoner—I will not swear to him.
HENRY WOOD (policeman.) In consequence of information which I received from Elliott, I went after the prisoner, and apprehended him at his father's house—I found him in a cupboard, lying down on some straw—I told him to get up and come into the other room—he said, "I know nothing about it, I was not nigh the shop"—that was before I had spoken to him—his father told him to hold his tongue—I afterwards told him what I wanted him for.
Cross-examined by MR. HORRY. Q. What time was this? A. About
half-past ten o'clock on the 13th, soon after the robbery—he was undressed, lying on some straw, with a rug over him—he said before the Magistrate that he was at home before half-past nine o'clock.
MR. HORRY called
JEREMIAH COGLAN . I am a labourer, and lodge in Fore-street, Limehouse, in the prisoner's father's house—I have known the prisoner nearly ever since he was born—he is a bed-mate of mine—on the 13th of March, the night he was taken, he was at home and in bed about twenty minutes after nine—I was the last person up in the house, and I was in bed at half-past nine.
COURT. Q. Do you know Mr. Leech's shop? A. Yes—it is not half a quarter of a mile from where I live.
NOT GUILTY .
JOHN PAULEY . I went into Mile-end workhouse, on the 12th of March—I found the prisoner there when I went in—I had never known him before—while I was in bed I heard him say he had lost some things—next day I was in the yard and he came up to me, and asked where his things were—I afterwards went to make water—he followed me and asked where his things were—I told him I did not know—he called me a d—d liar, and said, "You b—r if you don't give me my things I will have your life"—he took up the iron key that turns the water on, and struck me on the head, and on the arm—my head was cut about two inches and a half—a doctor has seen it.
Prisoner. Q. Did not you and two more steal my things from under my head, about twelve o'clock that night? A. I did not—nor did I take your victuals from you—I did not light a candle during the night, nor take any oakum from you—I did not strike you first with the iron-key—nor touch the iron at all.
JAMES BUTLER . I was a pauper in the Mile-end workhouse—I heard the prosecutor crying out "Murder!"—I ran to the place, looked in the passage leading to the privy, and saw the prisoner with an iron key in his hand, striking the prosecutor with it—I saw him strike him once on the arm, the other blows hit against the wall—I did not see him struck on the head—I saw blood running from his head—I went up to them and said, "What are you doing?" the prisoner said, "If he does not give me my things I will have his life"—I Caught hold of the key, but could not get it from him—Pauley got away, and after that the prisoner walked about the yard with the iron in his hand till he was given in charge—I did not see Pauley strike him—I did not see the beginning of it—I did not hear Pauley say anything about making the prisoner recollect sleeping in the workhouse—I heard the prisoner say, "If you will give me the things I don't care."
Prisoner. Q. Was there any light in the place about eleven or twelve o'clock? A. I saw none—Pauley did not divide any victuals with me and another man—I had no victuals—I did not say, "Me and Jack will go up and get three bobs a-piece for the job."
WILLIAM ROBERTS . I was in Mile-end workhouse on this day—while I was standing in the yard at my work, I heard cries of "Murder!"—I went to the cry and saw the prisoner striking Pauley with the iron key—I did not see any blood on Pauley at that moment—about two minutes afterwards I saw the blood coming from his head—I afterwards saw the prisoner come into the yard with the key in his hand—he held it up, saying, "By the living God I will have your life"—Pauley had then run into the oakum-shed among the other workmen.
JOHN LIMBERG . I am in the Mile-end workhouse—I produce an iron key which is used for turning on the water—I did not see the prisoner with it—I saw Pauley with the blood running down his face and hand—I sent for the master, and he sent for a policeman who came and took him away.
Prisoner. Q. Did not I ask you to see the governor before this occurrence took place? A. You did—I said he could not come then, because he was busy—I told you to take care of the oakum when I gave it to you, or they might rob you of it, because there were many boys there.
Prisoner. Q. Did not I ask Pauley in the presence of the master of the workhouse if he had any light during the night? A. Not in my bearing—I did not hear him acknowledge there was some slight row or disturbance in the room.
Prisoner's Defence. I went there for a night's refuge, being a stranger in London, and having no place to go to; after I had been there about an hour or so, Limberg brought in about eight ounces of bread, and two ounces of cheese, to each of us that were there; I tied mine up in my handkerchief, and the rest of my clothes, and put it under my head; I covered myself with a rug which is allowed, on a pallet of straw—a little while afterwards Limberg took away the light; about twelve o'clock Pauley and the other two got up, struck a light and lighted a candle and smoked their pipes; after chatting they came over to me, forced away my bundle, from under my head, and pulled the clothing off me; I called for assistance, but it was no use as it was an inner room; there were several books there, and a pail, which were thrown at my head; I rested there till five o'clock in the morning, when Limberg came round with water gruel, about half-a-pint each; I requested to speak to the governor, but was told I could not see him till nine or ten o'clock; I said I had been badly used, and my things had been stolen from me; he at the same time gave me two pounds of rope to pick, and told me to be cautious of it, or they would steal it from me; I had picked about half a pound of it when Pauley came and made a grab at it, and went towards the necessary with it; I followed to get it from him, he had this thing and told me he would make me eat it, and he made a blow at me; I closed on him; I defended myself and struck him with it.
GUILTY of an Assault. Aged 47.—Recommmended to mercy. — Confined Six Months.
GUILTY . Aged 19.— Confined Two Months.
833. JOHN ANDERSON was indicted for stealing 1 bag, value 4d.; 1 towel 2d.; 3/4lb. of soap, 3d.; 1 pair of scissors, 1s.; 1 thimble, 1d.; the goods of Charles Wood: 2 marline-spikes, 1s.; the goods of John Llewellan; to which he pleaded
GUILTY .— Confined Two Months.
GUILTY . Aged 18.— Confined Two Months.
JOHN BUCKINGHAM . I am a rope-maker, and live at No. 9, High Holborn—the prisoner was in my service—he had to take out goods and receive money—I sent him to Mr. Howard's with some matting on the 25th of March, and gave him half-a-sovereign and 4s. for change—he was to receive the money for the matting—the price of it was 6s.—he never came back, and never brought the matting or the money—I saw him at his father's house the following day—I asked him what he had done with the money—he said he had lost it—it was his duty to have brought it to me, as he had done before many times—I had an officer with me and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. He went out with some matting and was to get some money from Mr. Howard? A. Yes, those sums are the subject of two indictments—his father said he had lost the money in the street—I met the father coming to tell me that the son had lost the money.
MORRIS GODFREY . I am clerk to Mr. Howard, of Great Tower-street, Bishopsgate—on Wednesday, the 25th of March, in the morning, the prisoner brought some matting for Mr. Howard—the price of it was 6s.—I gave him a half-sovereign, and he gave me 4s. change—I paid him on account of Mr. Buckingham.
Cross-examined. Q. You knew Mr. Buckingham's? A. Yes—Cheapside would be in his road from one place to the other.
NATHAN JARVIS (policeman.) I went with the prosecutor to No. 14, Adam and Eve-court, Oxford-street, on Thursday evening, the 26th—I did not find the prisoner there—I waited the whole of the day till the evening—he then came in—his master gave him into custody—he said he had lost the money.
Witnesses for the Defence.
WALTER WHITTINGHAM . I live at No. 113, Cheapside, at the corner of Wood-street—on a Wednesday morning, at the latter end of March, I saw some persons in Cheapside, between ten and eleven o'clock, looking on the ground—I did not hear that any money had been lost—I made no inquiry about it, but the prisoner's father afterwards came to me to make inquiry, and I remembered having seen the crowd, about the time the father spoke of.
THOMAS BOYS . I am a print-seller, and live in Golden-square—I have known the prisoner since he was an infant—I went to the police-court—I heard a story about a hole in his pockets, and I looked at them, and they were as open at the bottom as they were at the top, which he gave as a reason for holding the money in his hand—if he is acquitted I will take him into my service immediately.
(The prisoner received a good character.)
NOT GUILTY .
NOT GUILTY .
prisoner has been in my service about nine months—a Mrs. Smith dealt with me—on the 2nd of March he was sent to Mrs. Stoner's for 3l. 2s. 1 1/2 d.—he brought me back 2l. from her—he used to pay me the money every Monday, that was his duty—he never paid me the rest of the money from Mrs. Stoner, nor accounted to me for it—it was 1l. 2s. 1 1/2 d.—he had paid me money from Mrs. Smith sometimes—he never paid me 1l. 3s. 4d. as received from her—he never accounted to me for it—he did not pay me anything from her—I saw him afterwards on the Saturday—I asked him to bring me some money from Mrs. Smith—he said Mrs. Smith had not paid him.
Cross-examined by MR. BALLANTINE. Q. Then what are all the sums you charge him with embezzling? A. 3l. 12s. 4d. received from Mrs. Smith, and 1l. 2s. 1 1/4 d. balance of a bill of Mr. Stoner's, and 5s. 10d. which he received on Friday for ten loaves—I have my book here—the 3l. 12s. 4d. was for one week's bread—the prisoner has not been security for me—they would not have taken him as security—I have borrowed money of a loan society, while he was my servant—he signed his name as a borrower to pay me what he owed me—I was the security—I had the money, and paid my rent with it—he borrowed money a second time from a loan society—I was security then, and I pocketed the money—I paid my rent with that, but that has nothing to do with this indictment—neither of those loans are paid.
JANE STONER . I am the wife of James Stoner. I deal with the prosecutor for bread—the prisoner brought it—I was in the habit of paying him the money—I paid him on account of his master, on the 2nd of March, 3l. 2s. 1 1/2 d.
Cross-examined. Q. It was for a week's bread? A. Yes, from Monday till Monday.
HANNAH SMITH . My daughter dealt with Mr. Breton for bread—she was confined and I paid the prisoner 3l. 12s. 4d. on the 9th of March, a weeks bread—I paid him that separately, daily, in different sums—the first sum I paid him was 5s. 10d. on the 13th of March, and on the 14th of March 1l. 3s. 4d.—I never paid him 2l. 10s.
JAMES HAMS (police-constable K 21.) I apprehended the prisoner, and told him what it was for—he said he was very sorry for it, himself and his family had not benefited by it, he was very foolish, and his master might have the money, or security for it.
Cross-examined. Q. What did you say to him? A. I told him I should take him into custody for embezzling several sums of money from his master—he said he was very sorry for it, that he had met with some friends and broke into it—I cannot say exactly what his words were, but he said that he had not benefited by it, or his family had not, words to that effect, and his master might have the money, or security to the amount.
Q. Did he say anything about being security for his master? A. He said he had been, I think, or that he had had a loan, but his master had had the money—I think he said he had been security for his master, before he said his master might have the money, or security for it—a constable named Watkins was present at the time he said so—he is about the Court—I told him I took him for embezzling money—I used the word embezzling, or receiving several sums of money—I am almost confident I said embezzling—I consider them the same thing under these circumstances—he did not say his master owed him a good deal more money than he was charged with embezzling—he did not say that his master owed him any money—he did not say how he came to be security for his master—I found a loan-book on him at the station-house—I do not think the book is here—I think the master was the borrower, but I cannot say positively—I think it was in the name of the master.
MR. BALLANTINE called
JAMES FOGG . I am a licensed victualler. I was twenty-eight years in the Thames-police—I have known the prisoner from his infancy—he bears an honest and respectable character—he and the prosecutor came to my house from the loan place, and had a glass of grog together—I thought they were partners—they appeared on intimate terms—they told me they had just come from the loan society—they did not tell me who the loan was for—the prisoner told me his father was answerable for the loan; and so he is, for I hare seen the loan-book—he had to pay a loan of 6l., and there was another loan of 5l.
NOT GUILTY .
OLD COURT.—Saturday, April 4th, 1846.
Second Jury, before Edward Bullock, Esq.
GUILTY . Aged 46.— Confined Twelve Months.
839. OWEN SUFFOLK was indicted for feloniously forging and uttering an undertaking for the payment of 19l. 1s. 6d., with intent to defraud Robert Wilson; also for unlawfully obtaining 2 sovereigns, 1 half-sovereign, 1 crown, 1 half-crown, 2 shillings, and 1 sixpence, and other monies, of Robert Wilson, by false pretences; to which he pleaded
GUILTY .— Aged 17.— Transported for Seven Years.
GUILTY . Aged 11.— Confined Three Months, and Whipped.
841. CHARLES M'CARTHY was indicted for stealing, on the 30th of March, 2 files, value 6d.; and 1 gimlet, 6d.; the goods of Louisa White, his mistress: also, on the 1st of April, 1 half-crown and 1 shilling, the monies of Louisa White, his mistress: to both which he pleaded
GUILTY .— Confined Two Months.
GUILTY . Aged 41.— Confined One Month.
843. MARY ANN MILLS was indicted for stealing, on the 27th of March, 1 brooch, value 6s.; 1 spoon, 3s.; 2 pairs of gloves, 1s.; 3 handkerchiefs, 5s.; 2 pairs of cuffs, 2s.; 1 collar, 2s. 6d.; 1 bottle, 1s.; 3 yards of calico, 1s.; 1 purse, 6d.; 2 half-crowns, 1 shilling, 1 sixpence, 1 double franc, and 1 franc; the property of Lucy Moss, her mistress;to which she pleaded
GUILTY .— Confined Six Months.
Before Mr. Justice Coltman.
844. THOMAS ROPER was indicted for feloniously setting fire to the dwelling-house of Charles James Bell, on the 1st of March, William Matthews and others being therein.—2nd COUNT, for setting fire to a dwelling-house in the possession of >Charles James Bell, with intent to injure and defraud him.
MR. WILDE conducted the Prosecution.
CHARLES JAMES BELL . I am a grocer and cheesemonger, and live at No. 4, Lower John-street, St. George's—I carry on my business at No. 18, Cross-street—I never sleep there myself. The prisoner was my apprentice, and used to sleep there, in a small back parlour adjoining the shop—Matthews, my errand-boy, also slept there occasionally—on Sunday, the 1st of March, I was at my shop, about half-past ten o'clock in the morning—all appeared safe then, and I left about half-past eleven, leaving the prisoner on the premises—about half-past eleven, the same night, I was sent for by some of my neighbours, and found my house on fire—smoke was coming from all parts of the front of the house—I saw the prisoner among the people—I said, "How has this happened?"—he made no reply—I did not observe any blaze—the smoke was coming from all parts, between all the cracks in the shutters—on entering the house the fire seemed to proceed from underneath the counter on the grocery side—the front of the counter, and several parts about it, were on fire—the storey posts were burnt—they are the posts that hold up the front of the house—the goods were burnt—they were more damaged by water than by fire—some of them were on fire—after the fire was got out I said to the prisoner, "How has this happened?"—he said, "I know nothing about it"—I afterwards called him before the firemen to know how it happened—he said he had set the boy Matthews to sweep the shop; that the boy had a lighted candle, and lighted the gas; that he then swept the shop, and made the bed; and that he (the prisoner) then put out the gas, and went to bed likewise.
WILLIAM MATTHEWS . I am fourteen years of age, and live with my father and mother, in Back-road, St. George's. On Sunday night, the 1st of March, I slept with the prisoner, at Mr. Bell's, No. 18, Cross-street—I was in the habit of sleeping with him—I went to the house about half-past ten o'clock—we both came in together—I lighted a lucifer, and he lighted a candle—he told me to go into the shop, and he came in along with me to light the gas—he told me to dust down the counters, which I did, and he told me to go and make the bed—I made the bed—he told me to get into bed, and he would come directly—I left him in the shop reading a book—I put out the candle, got into bed, and went to sleep—I was awoke by his nudging me, and heard a knocking at the street door—he was in bed then—he said, "I suppose it is some of the customers knocking at the door"—he did not get up then—I heard the policeman's rattle spring, and some one said, "Open the shop door"—he then got up, and went out at the side door—he hallooed out that there was a fire, and told me to get up—the policeman then came and took me out of my bed.
GEORGE FOGLE . I am a fireman of the London Fire Establishment. On the 1st of March I was called to a fire at Mr. Bell's—when I arrived, there had been an engine at work, but it had stopped—I examined the premises, and found the fire had burnt all round the shop, and under the counter near the window—the fire nearest the window was the greatest—it had scorched the shop, and burnt the counter and the posts that support the bressimer, the shop window, and also the shutter—I afterwards went into the cellar, but found no fire there—it was confined to the shop, the contents of which were more or less damaged by fire.
Cross-examined by MR. DOANE. Q. Are these posts any part of the buliding? A. Yes, they support the bressimer—the shop is fifteen feet long, by
thirteen feet three inches—there is a small door leading into a parlour of eight feet by six feet, which is where they were sleeping—the shop was very much crammed with goods.
NOT GUILTY .
845. THOMAS ROPER was again indicted for feloniously setting fire to certain pieces of paper and bundles of wood, on the 11th of March, in the cellar of the house of Charles James Bell, and attempting to set fire to the house, with intent to injure and defraud him.
CHARLES JAMES BELL . After my premises had been somewhat repaired, on the 1st of March, I again opened my business—on Wednesday the 11th of March, about ten o'clock, I was in the shop, and a customer came in for some wood—I sent down for a bundle—when it was brought up it was partly burnt round the sides—I remarked that it was very strange, but it did not exeite my suspicion till a subsequent day—I had ordered the wood in, and it had all passed through my hands—it did not then exhibit any burnt appearance.
Cross-examined by MR. DOANE. Q. How long had the prisoner been with you? A. About a year and a half—he was a very good boy—I do not recollect who I sent down into the cellar for the wood—it was tome person in my employ.
ALFRED GEORGE BELL . I am the prosecutor's brother—on Wednesday the 11th of March, about ten o'clock, my brother showed me a bundle of wood very much burnt round the sides, and said it was very strange—the prisoner was standing by the bread shelves at the time—I afterwards saw the prisoner in the room, and he said to me, "Alfred, there has been a fire in the cellar"—I said, "Oh nonsense, it is ridiculous to say that, it is not possible"—he said, "Oh yes there was, and I and Dick (meaning Richard Williams) got some water, and put it out"—I afterwards got a candle and went down into the cellar to break soda—the prisoner followed me—I said, "Where is the fire, I do not see it?"—he said, "Oh yes, there it is," putting his hand on the wood—I then moved away a few of the bundles of wood, and met with some paper, which I think was tea paper—I took it up, and said, "Thomas, this is very strange, how came this paper here?"—I do not know that he made any particular remark in reply to that—I said, "The best thing we can do is to inform my brother of it, and he will examine into it"—he replied, "Oh dear so, we had better not tell your brother of it, for it would do no good, and only create an unpleasantness"—I was foolish enough not to say anything to my bother about it.
Cross-examined. Q. The cellar is dark, is it not? A. It is—when I go down I take a light—I am not regularly employed there—I occasionally assist—the cellar contains a large quantity of wood, sugar, and soda—it was filled—there were a number of empty boxes there, and a barrel with the top off—the prisoner was the first to tell me there had been a fire—(the prisoner was not employed there)—my brother had the misfortune to have a fire at 17, Sidney-place, Commercial-road, where he carried on busiess—I believe he recovered from the insurance-office 350l.—there was tea and tea-paper there—some of that tea-paper, which had been damaged by the fire came to Cross-street—I believe my brother recovered about 70l. for the fire on the 1st of March—the prisoner remarked to me that I was incautious the night before, in taking two candles down into the cellar—that was not the reason I did not like to tell my brother—he persuaded me strongly not to tell—Mr. Palmer was in the cellar with me the night before—he went down with me to help me grind sugar.
COURT. Q. What night was it that you were down into the cellar? A. On
the 10th—I took down one candle with me, and Mr. Palmer when he came had one also—the cellar is very dark, and one candle was not sufficient.
RICHARD WILLIAMS . On Wednesday, the 11th of March, about eleven o'clock, or half-past, I was at Mr. Bell's—the prisoner sent me down into the cellar for some sawdust—I had no light with me—I did not then see any signs of a fire—I went to my breakfast—about five minutes after, I was in the room and heard him call out from the cellar, "Dick, go and fetch some water"—he was looking at some fire which was smoldering, and stamping on it—I opened the flap door and gave him the water down—I got it from the yard—he said, "I should like to know who has done it?"—he told me to shut down the trap-door, and go on serving—there were two customers waiting in the shop—he afterwards came up and said, "I should like to know who has done it, but you need not say anything about it"—I saw a candle in the cellar lying down by his side.
Cross-examined. Q. It was on a barrel, was it not? A. Yes—I got to Mr. Bell's about half-past seven that morning—the prisoner and another boy were there then—the prisoner went down into the cellar about half-past ten—I was cleaning and sweeping the shop—I only left the shop to go to my master's house, in John-street—he has left Sidney-place—I cannot tell how many persons went down into the cellar that morning before I saw the prisoner—there was smoke coming up the trap, and the prisoner told me to shot it down, to stop the draught—he did all he possibly could to get the fire out.
NOT GUILTY .
CHARLES JAMES BELL . On Saturday, 21st March, I went to my premises in Cross-street about half-past five in the morning, and found there had been a fire there—I saw a quantity of paper bags under the counter, which we use for putting flour in, and part of a pocket-handkerchief that was still on fire when I arrived there—I remarked to the prisoner that it looked very suspieious—he was in the shop, and several of the police were there—he said he did not know anything about it—I had left him only in possession of the shop on the Friday—I left about half-past eleven at night, in company with the witness Palmer—about an hour before I left I had occasion to look under the counter, and there were no paper bags there then—it was not a usual place for such bag's to be put—we always kept them in a box at the extreme end of the shop—I never knew them to be there—on seeing the bags there, I said to the prisoner that it looked very suspicious, and that the bags were not there the night before when I left—he made no answer.
Cross-examined by MR. DOANE. Q. Did not he say that when the policeman knocked him up he awoke, and found there was a fire under the counter? A. He said something to that effect—I swear that I did not have any bags in my hand that day—I never saw any on the counter.
JURY. Q. At what time were you in the habit of going to business? A. At various times—sometimes nine, ten, eleven, or twelve—I went at five on the morning in question, because Matthews came and said my house was on fire—I take the amount of the till every night, except one or two shillings—I do not remember any of the bags being in any part of the shop on the Friday—I did not see any.
RICHARD PALMER . I live in Spencer-street, and occasionally assist mr. Bell—I was with him on the 21st of March, and left the shop with him about a quarter past eleven—while I was there, I saw some flour bags, and placed
them in the bread scales on the right side of the shop; between the grocery side and the other side, but nearer the grocery side—the counters form a kind of angle—I went to the shop next morning about a quarter-past ten—I did not see any bags then—they were gone from the counter where I had left them—I saw some in the policeman's hand, burnt—they were something like the bags, but I am not positive they were the same—afterwards saw the place where the fire had broken out—it was about six feet from where I had left the bags the previous night.
Cross-examined. Q. Was there a gas-light close by? A. Very near.
COURT. Q. How could you tell where the fire had broken out? A. I was told—there had been a fire previously, and the place was all burnt.
JOHN GILBERT (police-constable, K 205.) I was on duty in Cross-street on Saturday morning the 21st of March, about twenty minutes to six, and called the prisoner—I heard a crackling noise in the shop, and saw some smoke coming out of the fan-light at the top of the door—I pulled down the shutters, knocked at the door, got in at the shutter, and called for water—the prisoner came out to me, apparently in the act of pulling his trowsers up—he came out of his bed-room—I went behind the counter, and there found a fire kindled, apparently just lit—there was a quantity of paper bags lying at the bottom, and five or six pieces of wood, which I produce, standing over the bags, leaning against the partition of the counter—water was brought, and I extinguished the fire—the prisoner stated that it smelt like tobacco burning.
COURT. Q. Was there anybody in the house besides the prisoner? A. The witness Matthews slept with the prisoner, nobody else.
Cross-examined. Q. I believe you have been in the habit of calling the boy up? A. I have done it frequently—it was about ten minutes after calling him on this morning that I found the smoke coming put—I had knocked at the door in passing—I listened at the door to hear whether there was any answer—I heard none and I walked away, and ten minutes after I observed the smoke—I exerted myself in putting this fire out—it was on the grocery side—in the hurry I did not observe anything on the counter—there were no lucifer matches—the prisoner brought three or four out of the back parlour to procure a light for me after the fire was put out.
WILLIAM MATTHEWS . On Friday, the 21st of March, I went to sleep at Mr. Bell's house with the prisoner—he told me to make the bed—he was reading on the grocery side of the shop at the time—I saw him put the gas out—we both went to bed in our trowsers—he did not say anything to me till the morning—he then said, "Here is the policeman come knocking"—he had told the policeman to knock at half-past five—I did not sleep on my usual side of the bed that night, as when we went to bed he said I was to sleep on his side—my side was next to the shop door—there are two doors, one is the shop door, and one leading out into the yard—on the night in question he slept nearest the door leading to the shop—I saw him put out the candle before he turned in—whilst I was making the bed the prisoner was in the shop on the grocery side, next the window, at the side of the counter under the coffee-mill—when I saw him he was reading a book—I saw him stoop down at the end of the counter that is near the window—I could not see what he was doing—it was near the place where the fire was—at half-past five he nudged me, and told me the policeman was knocking at the door, and he said he had told him to call him at half-past five.
Cross-examined. Q. I believe you and the prisoner got up together and found the policeman in the shop? A. Yes.
COURT. Q. Was there any one else in the shop or the room, that could
have put these things there? A. No—I went there in the evening at a quarter before twelve o'clock—I did not look under the counter before I went to bed—I had no work to do in the shop—my master was gone before I came there.
GEORGE ROGERS (policeman.) On 21st March I went to Mr. Bell's—I said to the prisoner "Halloo Tom, another fire"—he said, "Yes,"—I said, "It is rather strange"—he said, "Yes, I expect I shall be burnt to death one of these nights, for I think there is a plant laid for me," and he shook hands with me at the same time—I went back to the shop in the afternoon, and I found part of the handkerchief that was burnt in the morning
HENRY BARNES (policeman.) On the Saturday morning I received the prisoner into my custody—I examined him, and found on him a key and a chain, seven or eight congreve matches, and a piece of paper which has the appearance of having been burnt—I produce the paper—the matches were loose in his coat-pocket, and the paper loose also, with several other pieces of paper, rubbish, and dirt—he said he knew nothing at all about it.
MR. BELL re-examined. There is no mode of approach to the shop from the outside when it is fastened—I cannot get in myself, without knocking—there is no mode of getting in but through the doors or windows—my apprentice always lets me in when I wish to get in—sometimes the boy, Richard Williams slept there, but he did not on that night—we buy our bags ready made, of thin whitey-brown paper, plain.
Cross-examined. Q. You had every confidence in the prisoner? A. I had the greatest confidence—he bore an excellent character.
MR. WILDE. Q. Do you know anything of that piece of paper? A. To the best of my knowledge it was burnt before it went to that shop—it formed part of the salvage from the shop in Sidney-place.
MR. DOANE. Q. Do you use lucifers for the purpose of getting a light? A. We do—I am not aware that there were any about on the occasion of the last fire—I cannot say of my own knowledge. NOT GUILTY .
847. HENRY BROWN was indicted for feloniously assaulting William Cleary, and stabbing and wounding him on his right testicle, with intent to maim and disable him.—2nd COUNT stating his intent to be to do him some grievous bodily harm.
WILLIAM CLEARY . On the 6th of March I was at my own door about half-past nine o'clock—I had occasion to go out for twenty minutes, and on my return saw a woman looking round the corner—I thought something was going on wrong—I went and found the prisoner inside my door, on the second step—there are three steps going down from the door into the passage—I asked what brought him there—he said he had brought home my wife—I asked him where she was, and how he came to bring her home, as he did not know us—he made no answer—I thought he had something concealed under his jacket, and said I would not let him go till I saw what he had concealed on his person—I caught hold of him by the arm, pulled him out of my house, and gave him a twist to knock him down—he rose up and showed fight—I knocked him down again with my fist—he rose up and went away—I went to my own house—he returned after going ten or twelve yards, and stabbed me with a knife, and ran away—I called to my wife—I got a towel and put it inside my trowsers, to prevent the blood flowing down my legs, and went to Dr. Garrett—I am not quite recovered yet.
Prisoner. Q. Had I not some rope in my hand? A. No, nothing in his hand that I saw.
Prisoner. I stood at the door with his wife, after leading her home beastly
intoxicated; he knocked me down two or three times; I had the marks on my face in gaol.
JEMIMA CLEARY . I am the prosecutor's wife. I know a woman who lives with the prisoner—I went with her to a public-house on this night—I was a little the worse for liquor—the prisoner came into a shop where I was pledging an article—we went and had some gin together—I parted with him about half-past nine o'clock—I did not go home directly, but turned down a street below my own street—I was a very few minutes before I got to my own door—I then saw a crowd round the door and my husband and the prisoner tussling and fighting—I saw the prisoner turn away and cross the road nine or ten yards—he returned, and walked deliberately up with a knife in his hand—I saw him go up to my husband and plunge it into his lower part—he went away instantly—my husband cried out to me, "Jem., I am a done man"—I got a cloth and held it to him till he went to Mr. Garrett's, the surgeon.
Prisoner. Q. What time did you meet me? A. It might be half-past eight o'clock—I had gin with you twice—it was not rum or stout—I did not dance in the room with a black man, the mate of a ship.
MARK BROWN GARRETT . I am a surgeon. I saw the prosecutor on the 6th of March, about a quarter to ten o'clock at night—he had a wound on the right testicle about half an inch long—his trowsers, drawers, and shirt were all cut—the wound was caused by some sharp instrument.
Prisoner. Q. Did you see the state of my face at the police-court? A. I think you had two black eyes, but no wound.
Prisoner's Defence. On returning from work I was accosted by Mrs. Cleary and another woman; they forced me to go and drink with them; she paid for some; we went to another house, and I paid for a quartern and a half of rum; she dragged me to another house and called for stout; she was getting tipsy, and said, "Don't leave me; she got dancing with the mate of a ship; when she got out she could scarcely stand; I took her to her door; her husband came and caught me by my jacket, tore it, and knocked me down four times; tore my jacket and beat me; three women said, "Don't have anything more to do with him now, take a warrant to-morrow;" I returned home, and in half an hour two policemen came and took me for stabbing him, but I am not guilty of anything of the kind; I had no knife in my possession the whole day.
GUILTY of an Assault only. Aged 35.— Confined Six Months.
DANIEL MILLER . I live at Watts's Farm, Acton, and work for Mr. Davis. On the 9th of March I saw the prisoner in my master's farm-yard—I asked if he would take down some rough wood to Oldoak-common that I had been chopping up to mend a fence—he said he would not—he passed me again in master's farm-yard in about five minutes, with a bundle of bean-straw, carrying it from the stable into the barn—I said, "Will you take this timber down?"—he said, "No, I will not go out of the yard for anybody"—he then dropped the bundle of straw down, and struck at me with the fork—I put my hand up, but it bit me upon the head—I do not know how many times he struck me, but he struck again upon the back part of my head,
behind the ear, and again upon the head—my hat was off—I was cut and bleeding—I was insensible, and when I recovered the blood was pouring down.
Cross-examined by MR. O'BRIEN. Q. Did he not say he had no stuff to take down? A. He did not—he said he had no nails—I said he studied his own interest more than his master's, and might call him an old rogue and vagabond—very likely I did—I will not swear that was not before I got the blow.
Q. Did not you go to him and seize the straw at the end of the fork? A. No—I did not go to a doctor—I had assistance there—I might go to a public-house within an hour after it happened.
JOHN DAVIS . I was in the farm-yard—the prisoner and prosecutor were quarrelling and abusing each other with foul language—the prisoner struck Miller with the hay-fork across the head, and knocked his hat off—he struck him twice—one blow broke the prong of the fork—Miller never struck him—if I had not run up and caught hold of Miller he would have fallen—about a pint of blood came from his head where the fork struck him—Mr. Francis, who was in the yard, gave him a plaster, with which be strapped the wound up—the prisoner remained in the yard.
Cross-examined. Q. Did you hear the prosecutor call him a b—y old rogue and a villain? A. Yes, and he accused him of stealing a sack—he went towards him, and caught hold of the truss, which the prisoner dropped, and struck him with the fork—he had been seven or eight months in my father's employ, and the prosecutor four or five years—the prisoner was bailiff, and it was his duty to give orders, and not the prosecutor's—the prisoner always conducted himself well and peaceably.
HENRY WORLEY . On the 29th of March I was going to Mr. Davis's farm, and saw the prisoner going into the stable with a bundle of bean-straw upon his back—Miller said to him, "What had you in the sack, Hooper?"—he made no answer, but went into the stable, put the straw off his fork, turned round, and came out of the stable, and directly stabbed at Miller with the fork—he hit him upon the breast, but did not wound him—he then went into the barn with another bundle of bean-straw, and as he returned the prosecutor said, "You d—d vagabond, you would have stabbed me if you could"—he put his hand upon the bean-straw, Hooper threw it off, and struck him upon his hat, and then upon the head, with the fork—he struck another blow at him as he was falling—he bled a great deal.
JAMES OSBORNE FRANCIS . I was in the yard. I heard Miller call the prisoner a b—y old rogue—he caught hold of the straw he had upon the fork, turned him round, to prevent his going on, and wished to know what he had in a sack which he had taken out of his master's yard—he was going into the stable at the time—he turned him round, more to aggravate him than anything.
Cross-examined. Q. Had you been in the yard long? A. No, I had just come in—the prisoner appeared peaceably engaged in his business.
JAMES CLARK (policeman.) I took the prisoner, and asked what induced him to use such a weapon about the prosecutor—he said Miller had black-guarded him, that he intended bringing him down, and if he had not brought him down that time he should the next.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 58.— Confined Fourteen Days.
OLD COURT.—Monday, 6th April, 1846.
Third Jury. before Mr. Recorder.
849. ANN SYKES and MARY TURNER were indicted for feloniously assaulting Charlotte Wilbraham, putting her in fear, and stealing from her person, and against her will, 1 veil, value 1s.; the goods of James Wilbraham, and immediately before, at the time of, and afterwards beating, striking, and using other personal violence to her.
CHARLOTTE WILBRAHAM . I am the wife of James Wilbraham, and live in Ann-street, Globe-fields—he is in the service of the East India Company—on Tuesday morning, the 31st of March, I was on my return from the Pavilion Theatre, walking arm in arm with Mrs. Williams, and on getting into White-chapel-road the prisoner Sykes came in front of me, parted me from Mrs. Williams, and pushed me against the house—I said to her, "Woman, what do you mean by this?"—she struck me, and I believe I struck her again, but I am not certain—I held my arm up—Turner came up and commenced beating me about my head—I instantly caught Sykes' arm and held it tight—she bit me on the back of my hand—I believe her object was to bite my ring off my finger—a man then came up and held my arm very tight, which made me relax my hold of Sykes—I called "Murder!" and "Police!" I saw Turner take my veil from my bonnet—it was a black lace veil—the officer came up on my calling "Murder!" and "Police!"—and I gave Sykes into custody—Turner walked by the side of Sykes a little while and then left—I did not give her into custody, my hand was smarting so—Turner broke the comb in my head with striking me—they both beat me about, Sykes with two hands and Turner with one hand—the witness Impey was of our party, and she tried to save my veil and received a blow in the face from Turner—we had been in a public-house just before this occurred—I saw both of the prisoners there, and two men—one of them was the man that held me.
Sykes. Q. Did you seize my hand and bite it? A. No—I did not scratch it, or put it in my month—nor did I tear your bonnet off your head and lay it down on the stones—there was no opportunity of putting it on the stones, there were too many people there—I might have torn your bonnet in defending myself—I struck you I believe, in self defence—my male friend did not strike you—Mr. Impey, Mrs. Williams's brother, was with me, and a little boy twelve years old, who stood at the edge of the pavement crying all the time—there were five of us—the man was persuading me to let you go or you would kill me—I said, "Never till the officer comes, and I will give her in charge"—the man made his escape—he stuck his elbow in my side, and grasped my arm, which made me relax my hold—a sailor came to the station, but that was not the man who held my arm—he looked a very honest hard-working sailor—I had never seen him till he came to the station—the man was quite a different looking man—I should know him again.
Turner. Q. Did not you strike Sykes' bonnet off? A. I do not say I did not—Mr. Impey said you had beaten me as much as Sykes, and when you came to the station-house to look for your friend I gave you in charge.
SARAH WILLIAMS . I am the wife of Thomas Williams, a fishmonger at Blackwall—on the 31st of March I was on my way home from the Pavilion Theatre, walking arm in arm with Mrs. Wilbraham, along Whitechapel-road—Impey and his son were with us—we had seen the prisoners in the public-house, but not spoken to them—Sykes came up violently against Mrs. Wilbraham, forced her from my arm, and hustled her against the front of the house—then two men came up—one had the appearance of a sailor—he did
not interfere—I did not see Turner myself, there were so many taller than me—I swore to her at the station-house—she did nothing in my presence (looking at her deposition) this is my handwriting.
Q. You are made to say here "The other prisoner, Turner, ran up to us and surrounded us?" A. Yes, but I was separated from my friend—she did come up—there was a mob about us, a great many persons—I saw Turner's head, that was all—the policeman came and took Sykes into custody—when I got to the station-house Mrs. Wilbraham asked me to lend her 1s.—I put my hand into my pocket and missed my purse, which contained 15s. in silver—it was quite safe when I left the public-house—I had felt it as I walked along—it was safe in my pocket till these people interfered with us.
Turner. Q. What did you feel for the 1s. for? A. It was to pay to ride home.
ELIZABETH IMPEY . I am single—I accompanied the last witnesses to the Pavilion Theatre—Sykes came up in the Whitechapel-road with great force and forced Mrs. Wilbraham from Mrs. Williams' arm—I saw Sykes strike Mrs. Wilbraham on the head, and I saw Turner strike her three or four times on the head, and take the veil off her bonnet—she pulled it off quite violently—I went to take it from her and she struck me on the right eye—I lost a small velvet tie from my neck in the scuffle—there was a mob about us immediately—Mrs. Wilbraham gave an alarm and a policeman came up—I halloed out three or four times for a policeman—he took Sykes into custody—I had not accosted Sykes, or given her any provocation—there had not been a word between us in the public-house—but they looked at us several times, and the men that were with them—we had not got above three or four doors from the public-house when this happened—they had come out before us and were a little way down the street when we came out.
WILLIAM CURTIS (police-constable K 345.) I was on duty in Whitechapel-road and heard a cry of "Murder!" and "Police!"—I found a crowd, and in the midst of the crowd I found Mrs. Wilbraham—she had hold of Sykes by her hand—two men had hold of Sykes, trying to pull her away from Mrs. Wilbraham—I seized hold of Sykes—I noticed that Mrs. Wilbrahan's hand was covered with blood, through the glove—the glove was torn—she complained of being bitten and struck, and mentioned the loss of her veil—I took Sykes to the station—owing to what she stated there I went outside and saw Turner by the door—I took her in and she was given in charge by Mrs. Wilbraham—all the parties identified her as the person who had taken the veil, and likewise assaulted her—whilst Mrs. Wilbraham was making the charge, Sykes said "You are a b—liar," and Turner said she was a liar, three or four times—the veil has not been found.
Turner. I should like to know why the sailor was not taken, he was along with me? Witness. It was not the same party that came afterwards to the station
Sykes's Defence. We had been to the Pavilion, and called my cousin out of the public-house; I was shoved up against the prosecutrix, and she tore at me, and tore my bonnet and cap, scratched my face, bit my hand, and ill-used me scandalously, and then she called the policeman and gave me in charge.
Turner's Defence. When I came out of the public-house I saw one of the females tearing Sykes's bonnet off; I went and picked it up; I found the cap torn all to pieces; I picked up one flower, and pinned it in; I tried to get Sykes away, but could not; the policeman took her; they all struck at her, and the man kicked me; I deny striking either of them, or taking anything; if I had been guilty I should not have gone to the station.
SYKES— GUILTY .
TURNER— GUILTY .
Transported for Fifteen Years.
(The policeman stated that the prisoners were prostitutes, and that Sykes had been several times in custody for disorderly conduct).
850. ELLEN MARKS was indicted for stealing 1 breast-pin, value 2l.; 1 spoon, 2s.; 2 handkerchiefs, 12s.; 1 pair of boots, 15s.; 2 brushes, 2s.; 1 work-box, 4s.; 1 carpet, 3l.; 1 blanket, 7s. 6d.; 1 quilt, 6s.; 2 shirts, 8s.; and 3 printed books, 5s.; the goods of Edward Elmes.
EDWARD ELMES . I live in Berkeley-street, Shoreditch, and am a bedstead-maker. I knew the prisoner for a fortnight before Christmas, I took her home, and she lived with me as my wife till the 13th of Feb.—I missed her that day, and found some pictures, ornaments, and furniture broken—I had not quarrelled with her—some water was thrown on the bed, and I missed the articles stated—I met her in Shoreditch, and asked her for the duplicates—she said she knew nothing of them, and I ought to be ashamed of myself for accusing her of the robbery—I went that day to the house of Coleman, in Collingwood-street, Bethnal-green, and found her box there, and in it I found a work-box, and several things in it—she had used the box at my house previous to leaving—I found a gold pin and handkerchief at Paul's—that was under her control when living with me, but the had no right to them—she did not wear the pin—she did not use the work-box—she was allowed to do as she pleased with the things—nothing but the work-box belonged to a woman—she was servant where I was foreman, and I took her home.
Q. What led to your quarrel as your things were damaged? A. Coleman and to frequent my house while I was out—I was told he cohabited with her, and I told her to look after another situation—there had been no quarrel between us.
Cross-examined by MR. ROBINSON. Q. When you gave her notice did she my she would go? A. Yes—she did not expresss any reluctance—she had only lived at my master's a fortnight—she lived with me a month and a half—she did not leave her place till Christmas—I took her home the Sunday after Christmas-day—I have known Coleman for years—he used to come to my house, and I thought him my friend—I did not tell her I was tired of her—I recommended her to a situation in Bowchurch-yard, and she told me she had got it.
COURT. Q. When had you told her to leave? A. About the Friday previous—she told me on the Monday that she had got a situation, and was going to it the Monday following; but on the Friday, when I came home, I found her gone, and the articles destroyed.
JURY. Q. Did you give her a character? A. I would have done so—I believed her to be honest till she got acquainted with Coleman.
GEORGE GUDDARD (policeman). I took the prisoner into custody—I told her she was charged with stealing a quantity of things, and wilfully damaging others, to the amount of 30l. altogether—she said she had one duplicate, and that was all she knew about the matter—that was the duplicate of a blanket—I afterwards went to the house of Coleman, and found a box, which was locked—Coleman had the key—I found a work-box in it, three books, a sheet, snuff-box, pincushion, and a duplicate for twelve planes and saws.
ELIZA CALMER . I live in Chapel-yard, Spitalfields—my husband is a police-constable. On the 18th of Feb. the prisoner was brought to the station—I found on her eight duplicates, and a silver spoon broken.
under the window next door to our shop I found a gold pin and handkerchief—I do not know who dropped them.
ROBERT GRAHAM . I live with Mr. Moss, a pawnbroker, in Bishopsgate-street. I have a pair of men's boots, pawned on the 13th of Feb., in the name of Mary Ellen, No. 5, Acorn-street, by the prisoner, for 5s.—the duplicate I gave her is amongst those produced.
EDWARD ELMSS re-examined. I did not know of the boots being pawned.—she was not in the habit of pawning by my direction at all—I furnished money for our maintenance without pawning at all—I never pawned anything.
Cross-examined. Q. Never directed her to pawn anything? A. Never—she acted as my wife, and I gave her money to buy things.
JURY Q. Has she ever provided things when you have not provided the money? A. At one place, and that I always paid for afterwards—I left my house at half-past eleven o'clock on Friday morning, and returned about half-past five o'clock.
ROBERT GRAHAM re-examined. I do not recollect anything of this transaction, except by reference to the duplicates—I recollect the prisoner pawning the boots—I never saw her before, but swear she is the woman.
MR. ROBINSON called
BARTHOLOMEW COLEMAN . The prisoner took lodgings in my place for a week, till the prosecutor took her away to live with him altogether—he always gave her the best of characters—he said his mistress had ill-used her, and he meant to bring her away and lawfully marry her—he brought her away under a promise of marriage—her box was brought to my house—the policeman said, "Do you know where her boxes are?"—I said she was living at my mother's—I would go and fetch her box—she lodged at my mother's after she left the prosecutor—I do not live with my mother—I am a japanner.
HENRY COLEMAN . I knew the prisoner from her living servant at Mr. Stevenson's, the prosecutor's former master—before the prosecutor left he stated to my brother that his mistress was very jealous of her, and was going to turn her away; and he said, "So help me God if she does I will leave too, and honourably marry her; will you let me a room till I get a place furnished for her?"—my brother said, "Yes," and we assisted in moving his goods for him—he said as soon as he got the place furnished he would honourably marry her—the work-box he said he got at a raffle, and he made her a present of it—the snuff-box he said she had from some lady—he said he had had many young women, and one he kept four years, but he liked her better than any.
NOT GUILTY .
NOT GUILTY .
MESSRS. PETERSDORF and BALDWIN conducted the Prosecution.
Minories. It is part of my duty to supply British seamen with certificates of registration—the ticket, produced is a registry-ticket, No. 324014, issued from our office—it is dated the 1st of Oct., 1845—I have signed it—it was issued to a person representing himself as Thomas Hartley—he has signed as a marksman—in consequence of information I received I went on board the Tom Tough on the 11th of March, in the river—I asked for the captain, and was informed he was not on board—I asked the man who gave me, the reply what his name was, and he said, "Thomas Hartley"—he is a witness—I gave him into custody—he was discharged, and next day the captain came to me with him, and gave me this ticket.
Cross-examined by MR. BODKIN. Q. Did you see the man the ticket was originally issued to? A. Not to my knowledge—he applies to the clerks who question him—I merely sign the ticket and enter it.
MR. PETERSDORF. Q. A person applies for a ticket and after he has been examined by the clerk you sign it? A. Yes—it is no part of my duty to make inquiries, unless there are cases of suspicion, then the party is brought to me.
FRANCIS JOHN PHILLIPS . I am clerk in the Registry-office—in Oct. I examined the parties who sought to have their names registered—I have the original entry of the examination of Hartley—I recollect nothing of the transaction, but seeing this is my handwriting I can say I asked him the questions, and put down truly what passed, and that I granted a ticket to a person, calling himself Thomas Hartley—my signature is on this ticket—he gave the proper answers, according to the Act of Parliament.
Cross-examined. Q. You do not remember seeing the man? A. No—we have some thousands.
ADOLPHE MUIELLER . I am an able seaman and a Prussian. I came to England in a Prussian vessel, the Albert Alexander, to the port of London, on the 1st of Oct. last—I then lodged with the prisoner, who keeps a board-ing-house for seamen—I was looking out for a ship, and he said he would ship me in a British ship, and I should get more wages and better living; that I must have a register ticket, or I could not get an English ship, and he would give me one—he gave me the ticket produced, in a tin case—I never passed by the name of Thomas Hartley before I got this ticket—there was a man at his house of that name—I did not go to the registry-office to take out that ticket—the prisoner said he had bought the ticket of Hartley for 2s., and he charged me 2s. out of my advance note for it—when I had got it he took me to a man named Faulkener who ships hands, and that man, shipped, me in the Tom Tough—I saw Thomas Hartley at the prisoner's house, and know he went on board an American ship—Lewis Fush was in, the prisoner's house, and assisted him—Haines was present when Brown gave me the ticket—I went on board the Tom Tough under the name of Thomas Hartley, I gave the ticket to the captain, and signed the articles—I was there four months and a half, when I was taken—I went to the office when the ticket was given up by the master of the Tom Tough.
Cross-examined. Q. You do not speak English well? A. No—I could not speak as well as I do when I went on board—the captain took me as an Englishman—I went a voyage to France and back—the crew consisted of six men and an apprentice—I had engaged to go to Prussia, but run away from the Prussian vessel—not before I saw Brown—he came on board the vessel—I was ten days on shore before I heard of the Tom Tough—I was not "hard up"—I did not meet Faulkner, and he ask if I wanted a ship, and I say very bad—the prisoner took me to Faulkner, and they both went with, me to the Tom Tough—I did not speak to Faulkner by myself, the prisoner spoke
for me—while I was at Brown's house a policeman was fetched, but he did not take me—Brown said I had taken 30s. out of a man's jacket pocketthe prisoner spoke to me in German, and the policeman spoke English—I did not know what they were talking about.
Q. Were you not also charged with stealing Hartley's ticket at the same time out of his jacket pocket? A. No, that could not be, for it was four days after I had signed the ship's articles—I did not go on my knees and beg them to forgive me—I cried—Hartley was gone then—my advance note was for 2l. 5s.—I swear I gave that advance note to Brown, and saw no more of it.
COURT. Q. How much did you owe him when he got the advance note, the whole of the money? A. No, I was boarding with him ten days, and 10s. he advanced for taking my clothes from the Prussian ship to his house, 10s. for the ship, and 2s. for my discharge.
MR. BODKIN. Q. Do you persist in swearing your advance note was given to Brown? A. Yes—I agreed to pay the 30s. when I returned from the voyage—I did not meet Faulkner in Ratcliff-highway—they gave me a bit of paper to fetch a pair of canvas trowsers and a knife from the ship—(looking at a witness named Jerome)—Brown was with me one day up at that man's shop to ask if he had got a ship for me—I did not give that man the advance note—when I returned from my voyage in the Tom Tough I saw Brown at a public-house—he asked me for the 30s.—I said I did not know what I had to pay, I had signed a paper—I said, "Fetch the paper"—he fetched the paper, and I paid him 1l.—I did not say I had a short voyage and could only pay 1l.—I received 8l.—Brown gave the paper to another man, who gave it to me—I do not know whether I burnt it or not—I looked at it before I would pay him the 1l.—I do not know whether it was an acknowledgment that I owed him 30s.—I cannot read English—I know it had on it that I owed him 30s.—it was written by a man in Brown's house—I do not know his name—it was not Hartley—he was a long time gone.
Q. What was your reason for leaving the Prussian vessel? A. The captain struck me; and one reason was, Brown said I should get better wages in an English ship—I wrote this letter—it is in German—the captain struck me so that the blood flowed—that was half the reason I ran away.
MR. PETERSDORFF. Q. When was it you first went to Brown's house?
A. I think, on the 3rd of Oct.—I had 10s., which he took from me—I remained there till the 13th of Oct.—I had been there two or three days before he advised me to go on board an English vessel—he gave me the ticket on the 13th—I think Hartley left on the 10th—I know he went away a day or two before I had the ticket—I had to pay Brown 2s. a day, and owed him 10s. at the expiration of the ten days—it was about the 20th of Oct. that he charged me with stealing 30s., six days after he had taken me to the Tom Tough—I went to his house of my own accord, and when I got there he charged me with stealing the 30s.—he was civil when I first went—I remained there about two hours before he charged me with it—he had been out and returned before that—I went to a public-house with a shipmate—Mrs. Brown was there—she said, "The master wants to speak to you"—I went home, and he said, "You have stolen 30s. and some pawn tickets"—I said, "I never stole anything"—I stopped there all night, and in the morning was on the way to my ship—he met me and said, "I have you now for the 30s.," and took me to his house—the servant fetched a policeman—Brown said if I did not sign the paper he would give me in charge, and the policeman would take me on board a country ship which was there—I signed it in consequence of threats—I saw Brown again when I came home in the
Tom Tough on the 1st of March, at a public-house in Dock-street—he asked me to pay him—I gave him 1l., and he gave me the memorandum.
MR. BODKIN. Q. Where was it Brown gave you the ticket? A. In the kitchen.
THOMAS HAYNES . I was in Brown's employment in Oct. last, and had been so about three months—I remember Thomas Hartley being at Brown's in Oct.—he left about the middle of Oct. as near as I can recollect—I know Muieller, and remember his being at Brown's house in Oct.—I was present at a conversation between Brown and Muieller about the 12th I think—there were two or three men present who went away in the American ship along with Thomas Hartley, and a youth that went away with Thomas Johns—I heard Brown say more than once or twice that he would get Muieller an English ticket to get him in an English ship—I heard Brown tell him he must have a ticket, and I was present when Brown bought the ticket of Thomas Hartley in the yard for 2s., and he gave it to Muieller the day after—Hartley stated that he was going in an American ship, and did not want the ticket, and if Brown would like to have it, he would sell it to him, as it might be of some use to some of the foreigners in the house—he handed the ticket to Brown, and Brown gave him 2s. in my presence—the ticket was not in a case then—I saw Brown hand it over to Muieller—it was then in a the case, and he told Muieller he should have it for the same he bought it for—that was 2s.
Cross-examined. Q. Then you first heard Brown and Hartley talking about the ticket in the yard? A. I heard Brown state to Muieller first that he must get him a ticket to get him in an English ship—it was two or three days afterward that I heard the conversation between Brown and Hartley, and the day after that he sold the ticket to Muieller—it was to enable Muieller to get a berth on board an English ship—Muieller was not at that time looking out for a berth, because Brown would not allow him to go out of doors, for fear the captain of the Prussian ship should take him—I saw the money paid for the ticket to Hartley—I did not see any money paid to Brown—it was in the kitchen that Brown gave the ticket to Muieller—I saw him give it him in a tin case—no money passed, because Brown told him it would go out of his note—Muieller got on board the Tom Tough about two days after this—Hartley went on board the American ship before Muieller went on board the Tom Tough—I think the day before—I never had any quarrel with Brown—he never kicked me—I never charged him with assaulting me—one day in Mr. Fosters shop he said I had been telling a lot of lies about him, that he was in prison, and he threatened to hit me—I said if he did I would give him in charge—that was all that passed between us—I am now in the employment of Mr. Ryan—I did not go before the Magistrate when the complaint was first made—I went on the 25th—I did not know of the complaint being made—the first I knew of it was when Mr. Burchett came down to the house where I live, and said I was wanted—I went next morning—I never expected to get 20l., or half of 20l. for giving information—I never went of my own accord to give information—I knew nothing about it till they sent for me.
Witnesses for the Defence.
CHARLES FAULKNER . I live at No. 3, Wapping New Stairs—I am a waterman—I remember in Oct. meeting the witness Muieller at Wapping New Stairs—I took him into the London Docks to Captain Young's ship, the Tom Tough—I do not recollect what he stated to be his name—he produced no paper to me—I took him to Captain Young, and Captain Young shipped him—he was to come on board next day—he had no ticket that I saw—I know Brown—he was not with him, and had nothing to do with taking him to Captain Young.
MR. PETERSDORP. Q. Have you any boat or wherry? A. No—I have been a waterman sixty-four years—I am now seventy-nine, and not able to work—my son assists me a little, and I have a little money that I formerly got, and I have help from friends besides—I have got a pound or two at home—I had not known Muieller before—seeing he was a sea-faring man I askcd him if he wanted a ship—I had known Brown before—I do not know that I have been in the habit of getting ships for men boarding at Brown's—I might have done so—I am not employed by Brown in particular to get ships for seamen—it is past my time—I am not employed by anybody—I am well acquainted with the captains and owners of vessels, and if a man asks me for a ship, I may take him—I am in the habit of doing so—I never go on board a ship when it arrives, to solicit sailors to go to Mr. Brown's, or any lodging-house—I have never taken people to Brown's house, or any other—I took Muieller to the ship entirely to serve Captain Young—I got nothing for it—I have known Captain Young many years, and he asked me if I knew of any sailors to bring them on board—he was in want of men at that time—I sent another man to Captain Young—I do not know who he was—he was in company with Muieller at the time—I have, of course, been paid for getting seamen—by the captains, not by the sailors—I have had money from sailors for getting them berths—I have never had anything of Brown—I have known Brown three or four months, or it may be six—I can swear I have not known him more than twelve months—I have been in his house—Brown did not come with Muieller, nor introduce him to me—he told me that Muieller wanted employment—not Muieller particularly, but others—he told me if I heard of a ship to let him know—I believed Muieller came from Brown's when I spoke to him—I had seen Muieller that same day in Wapping—I never saw him at Brown's to my knowledge, nor ever saw Brown with him—I did not know Muieller was at Brown's until after he was shipped on board the Tom Tough—Captain Young was on the beach when I took Muieller to him—I stood on one side while he made the agreement with him, and did not hear what passed any further, than I believe Captain Young told him to go on board next morning.
COURT. Q. Do you understand German? A. No—Muieller talked so that I could understand him—I knew he was not an Englishman by his tongue—I introduced him to Captain Young as a foreigner, and Captain Young knew that he was a foreigner by his tongue.
MR. PETERSDORF: Q. I believe Captain Young did not continue captain of the vessel? A. No, he left and another captain went in the vessel.
MR. WILDE. Q. You say you sometimes have assistance from your son, what is he? A. An inspector of the Thames-police, and has been to seventeen years.
GEORGE CARR (police-constable K 166.) I was at the station-house at Shadwell, somewhere about Oct. last, and was fetched to Brown's house one evening towards dusk—I saw Brown at the door—he said, "I want you, 1 have got a fellow down here who has robbed me"—he took me down stairs where I found Muieller—Brown pointed him out to me and said, "That man has stolen 30s. out of my coat-pocket while it was lying on the drawers"—he said something which I did not understand, and I said, "Well, if you give him in charge I must take him into custody"—there was another man there—I cannot say his name—he was a dark complexioned man—Muieller said he would pay Brown the 30s. when he came back—Brown said, "But how about your stealing that man's box and ticket"—I think he said a register-ticket—they then said something in a language I did not understand, and Muieller said, "The captain has got the ticket on board the ship, and the ship is going away
to-morrow morning"—the other man said, "Never mind the ticket, I can get a ship and go to America without a ticket"—when Muieller was charged with having stolen the 30s. he did not say he had stolen it, nor did he deny it, to my understanding—I could hear what he said, but did not know the meaning—he asked for mercy—he cried, and went down and put his hands together—Brown said, "He begs me not to lock him up, and he will pay me when he comes back again"—Brown said that in English to me—I said, "If that is so, I have done with it." and it was then that Brown mentioned about the ticket and the box—the other man wrote out a ticket—something passed between them in the shape of a ticket, but what I do not know—it was almost dark in the kitchen, and Muieller sat with his back towards the window—the writing referred to the 30s. by the reading of it—I heard the man who wrote it read it—I do not remember now what it was—it is a long while ago—there was a ticket of some sort passed from Muieller—whether it was a pawnbroker's ticket I cannot say—I did not handle it—I heard Brown say, "Is that the ticket for the coat?"—from those words I should say it must have been a pawn ticket—the other man took it.
MR. PETERSDORY. Q. When you went in there was a good deal of discussion between the parties? A. Yes, partly in German and partly in English—the principal part of the conversation between Brown and Muieller was in a language I did not understand—the first expression in English was Brown saying to me, "That fellow has stolen 30s."—Muieller's answer I did not understand—the discussion went on for a minute or two—I was not there above ten minutes altogether.
HENRY JEROME . I was in the employ of Mr. Foster, an outfitter in Ratcliffe-highway—in Oct. last I remember Muieller coming there—he purchased clothes, and produced a paper to me which he told me was an advance note of the Tom Tough—I gave him goods and clothes, and the balance in cash—he exchange for it—I do hot know what became of the note—I gave it to my principal, Mr. Foster—he was out at the time—I do not know whether I passed it away—it never came back as not being paid.
MR. PETERSDORF. Q. In whose employ are you now? A. In no employ at all—I am living with my father—I left Mr. Foster in Dec.—he is still carrying on the business—he is in a large way—he had no one in his employ but myself—I do not know whether I passed the note away in business.
COURT. Q. Was Brown there? A. I do not recollect seeing him—I cannot recollect exactly whether I passed it to him or not—I cannot say it did not get into his possession.
MR. BALDWIN. Q. Are these notes passed away as money, from hand to hand in that neighbourhood? A. They are—my father holds a situation in her Majesty's mint.
COURT. Q. Do you mean to say you have no recollection of Brown being present? A. I have not—I recollect Muieller stating that he came from Brown—I cannot say whether Brown was with him—I am pretty well certain he was not
EDGAR BURTON HARE . I am a seaman, and have been so about nine years—I have had a hurt which has lamed me—I have lately been assisting Brown in his business—it was part of my duty to look out for sailors to recommend his boarding-house to them—I took a run to Liverpool and returned about the 3rd or 4th Oct.—I then went to lodge at Brown's—Muieller was lodging there when I went, and Thomas Hartley also—there was only one other man lodging there at that time—he used to eat and drink there, but did not sleep there—he got a ship and Went away the same day I came, and then Hartley, Muieller, and myself were the only lodgers—I remember
one day in Oct. Brown going out and leaving Muieller at home—I went out that day—when I returned Brown opened the door to me in his drawers and complained of Muieller's robbing him—Muieller was not then at home the policeman had been before I came in—I saw Muieller next morning in the front kitchen—I have seen Muieller and Haynes together twice since this—they were drinking together in the Highway—Haynes and Brown have not quarrelled—he robbed Brown, I believe, and Brown kicked him out of doors, that was all—he was not living at Brown's at that time—it was in Aug. before I went to Liverpool—he had nothing to do at Brown's house after that.
MR. PETERSDORF. Q. Will you undertake to swear that you never saw Haynes at Brown's house after Aug.? A. Not after Mr. Brown kicked him out—that was some time in Aug.—I do not recollect the day—I was at Mr. Brown's from Aug. down to Oct.—constantly there—my duty was to look out for seamen—that took me a good deal from home—I think it is more than three weeks back that I saw Haynes and Muieller together.
WILLIAM FLUCHMACHER . I was in the Sir Sidney Smith public-house after Muieller returned from his voyage in the Tom Tough—he told me he had received 5l. for the voyage—Brown came in and had some words with him—I believe he asked Brown to let him have a card or a paper or something—Brown went and fetched a small card—I did not see what was on it—Muieller paid Brown a sovereign and took the card—he directly went to the fire-place, threw it into the fire, and said, "That is a good job, that is done," and burnt it—I did not hear him say anything when he paid the sovereign—I can understand both German and English.
GUILTY .— Confined Two Months.
NEW COURT.—Monday, March 30th, 1846.
Fifth Jury, before Edward Bullock, Esq.
HARRIET TISLEY . I am single. On the 25th of Feb., about six o'clock in the evening, I was at the corner of Montague-street, in Russell-street—I had a handkerchief in my pocket, and a sovereign tied in the corner of it—I saw the prisoner put his hand into my pocket—(there were four others besides him)—he was taking my handkerchief out of the pocket, and I took it from him, and he ran away up Montague-street—he did not get it out—he got it partly out—I took it from him while he was taking it—it never was quite out—I do not know whether the sovereign was quite out—I followed him up the street till I got as far as the house where I was living—he went into a mews, and I lost sight of him a few minutes—he was brought back, and I knew him so well as to be able to swear be is the person.
Cross-examined by MR. PARRY. Q. There were a great many persons, were there not? A. No, only four boys besides the prisoner—there was no person with me—I followed the prisoner—he ran down the mews—it was not more than two or three minutes before I saw him again.
JOHN KENNETT . I live servant in the same house with Tisley—I was at the door when she came and made a complaint—I went down the mews, and met the prisoner coming from the mews—I took him, and showed him to Tisley—he was identified immediately.
Cross-examined. Q. Did he say he wont to the public-house to get a drink of water? A. Yes—I went there afterwards, and found it was so.
saw the prisoner with several others—I lost sight of them—I went up Bedford-place, and did not see anything of this transaction—I took the prisoner from the step of the door—the others he was with were young men—one of them was taken for attempting to pick pockets—I saw the prisoner attempt to pick pockets.
(See page 861.) NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 26.— Confined One Month.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 15.— Confined Four Months.
GUILTY . Aged 18.— Confined Four Months.
FERDERICK AUGUSTUS LEWIS . I am a solicitor. About eleven o'clock in te morning, on the 27th of Feb., I was walking with a lady in Bishopsgate-street—I was spoken to by Cox, and missed my handkerchief, which was safe when I left my house, in Hackney-road, about half-past ten—this is it.
JOSEPH COX . I work at the waterside, as a labourer—I work for any one. I was standing in Shoreditch, and I saw the prisoners make an attempt at picking pockets—I followed them—I saw Brackell attempt to pick Mr. Lewis's pocket—he pulled his handkerchief out a little way, and let it go—they still followed him, and just before they came to the corner of Houndsditch I lost sight of them for a moment—a cart passed, and I was on the other side of the way—as they came to the corner of Houndsditch I saw Brackell take the handkerchief from Mr. Lewis's pocket—King was close to him—I crossed, and asked Mr. Lewis if he had not lost a white handkerchief out of his pocket—the prisoners turned down Houndsditch, and I lost them as they turned a turning—I was speaking to the prosecutor—I looked towards Shoreditch way, and I said, "There they go"—we went and took Brackell—King ran off—I gave an alarm, and the beadle of the East India Company's warehouse took him—he said, "I have not got it"—he took off his hat—I took the handkerchief out of his hat, and put it into my own hat—a constable came up, and I gave it to him—since I have been bound over to prosecute I have been put to the greatest annoyance by the friends of King, and am almost afraid to go in and out of my own place.
Cross-examined by MR. PAYNE. Q. Whom have you worked for lately?
A. For any one—a casualty labourer has no one in particular—I have gone about begging with my wife and children, and would again—I never said a man was a fool to work after he could earn 2l. a week by begging—I swear I have not said so in the presence of Eliza Brown, Ann Young, and John Barton—I did not go to King's mother and tell her I would not appear if she would pay my expenses to go to Gravesend for a week—I have two children—I cannot say how often I go out begging, or how much I get a week—I am out every day—I am out begging, if you call it so—I live at No. 2, New-court, Vine-court, Lamb's-street, Spitalfields—I have never said I would make a good job out of this matter at Newgate, nor that I would have a little money soon by the job at Newgate—I did a job on Thursday, from half-past ten till half-past three, for Mr. Barber—I have begged with my wife and children, and will do it again before I will do anything wrong.
MR. PAYNE called
JANE KING . I am the prisoner's mother, and I am a widow. I never saw Cox till I went to him—he told me if I would give him money to go to Gravesend, and stop there a fortnight, he would not appear against my son—he said it would cost him 1s. 6d. a night for his bed, and 2l. for being there a fortnight—I consented to it, and he told me to send it privately.
COURT. Q. How came you to go to him? A. Because I got the depositions, and I went to him—Cox said, "I would not wish you to come down for the best sovereign that ever was"—he said, "The neighbours will not let me live quietly."
MR. PAYNE. Q. Was your son an out-patient of the hospital? A. He was, for a kick—Cox first spoke to me about money, and told me what I should have to give him.
ELIZA BROWN . I live at No. 8, New-court, Vine-court. I know Cox—he is a vagrant—he does no work—he has repeatedly said he could make money by jobs at the trials—I cannot say that he said it about this trial.
JOHN BARTON . I know Cox—he gets up at six or half-past six o'clock n the morning—he has his bit of breakfast, and takes his wife or his woman and two children out—I have lived in the same court five years—he does no work—he gets his living by going out and putting his hand to his hat to gentlemen that pass.
Witness. Yes, I have been, nineteen years ago; I have got a good character since.
BRICKNELL* pleaded GUILTY . Aged 18.— Confined Eighteen Months.
WILLIAM WEST (police-constable F 106.) On the 28th of Feb., about four o'clock in the afternoon, I was near Gray's Inn-lane, in Holborn—I saw the two prisoners together—they went down Holborn, and turned back after a gentleman, and Bricknell put his hand into his pocket, but took nothing out—they turned again down Holborn and met the prosecutor and another gentleman—they followed, and near Brook-street I saw Bricknell take a handkerchief from him—Nicholls was close to him—I secured Bricknell—Nicholls walked on, but as soon as I secured Bricknell, Nicholls turned back,
aid I took him—Bricknell dropped this handkerchief—I searched him, and found this other handkerchief in his hat.
Cross-examined by MR. PARRY. Q. Had you seen them together before? A. Yes—I followed them about half an hour—I have stated I saw them attempt two pockets, but I saw them attempt two or three others—I have been eight year in the police force—I always go in plain clothes—I have brought up more than 100 men and boys fox picking pockets
NICHOLLS*— GUILTY . Aged 18.— Confined Eighteen Months
DEIDRICK DOPKE . I am a German, and live at St. George's in the East. I lost a jacket, on the 4th of March, from the west quay of the London-dock—I put it upon the window of an office in the morning—I went to it at twelve o'clock to get my lunch out of it—it was then safe, but at four o'clock it was gone—this is it.
Prisoner's Defence. I was in the Highway; a man asked me if I wanted to buy a jacket; he asked 4s. 6d. for it; I gave him 3s. 6d.
GUILTY . Aged 28.— Confined One Month.
WILLIAM WILLIAMSON . I live in Cloth-fair. Between one and two o'clock in the morning of the 27th of March I met the prisoner in Smithfield—I went with her to a house, and I left at ten minutes past two o'clock—before I went out I missed my handkerchief—I asked if she had got it—she said she had not—I gave her in charge—I saw her drop it as she was going to the station—I picked it up, and gave it to the policeman—this is it.
WILLIAM MURLEY TEMPLEMAN (City police-constable, No. 253). I was on duty in Field-lane. About two o'clock in the morning I heard a noise in the house, and presently the prisoner came out—the prosecutor followed and gave her in charge for stealing a handkerchief—I was going to the station with her in King-street—she was very fidgetty, and at last she threw this handkerchief from her left side, against a shop—the prosecutor took it up and gave it to me.
GUILTY. Aged 20.—Recommended to mercy. — Confined Three Months.
GUILTY . Aged 21.— Confined Three Months.
GUILTY . Aged 40.— Confined Six Months.
865. JAMES HYDE was indicted for stealing 18lbs. weight of lead, value 2s.; the property of William Collins, being fixed to a building,—2ndCOUNT, not stating it to be fixed, and that he had been before convicted of felony.
WILLIAM COLLINS . I live in Pembroke-square, Kensington—the policeman brought this lead to my place, and fitted it to the gutter where it came from—it is mine, and was safe on Saturday night the 21st of March on the roof of a house that my gardener lived in—I was walking out on Sunday morning the 22nd, and was told that the officer had taken some lead—I went, and missed this that morning.
EDMUND CALDON (police-constable F 51.) At a quarter after ten o'clock at night, on the 21st of March, I met the prisoner on the Pembroke-road, two or three hundred yards from the prosecutor's premises, with a bundle—I asked what it contained—he said his breakfast things—I asked him to show them to me—he said, "Come round the corner, and I will show you them"—I said, I would not—I collared and pulled him to the corner—he struck me a violent blow on the mouth, and got away—he dropped the bundle—I pursued him, but he got away—I came back to the bundle, and found it contained this lead—I have fitted it to the place the prosecutor describes, and it corresponds—I took the prisoner about half-past two o'clock on the following morning—I pounced out upon him, and said, "I have got you; I won't give you the chance of getting away now"—he said he could if he tried—I had seen him frequently before—he lives in the neighbourhood.
Prisoner's Defence. I was coming home from Newbury on the Friday night, and on Saturday morning I was fifty-two miles away from home; I did not get home till half-past two o'clock on Sunday morning—that was my first appearance home for a fortnight; he is mistaken in the man.
GUILTY . Aged 22.— Confined Twelve Months.
NEW COURT.—Tuesday, March 31st, 1846.
Sixth Jury,—Before Mr. Common Sergeant
GUILTY . Aged 18.— Confined Three Months.
GUILTY .* Aged 15.— Confined Six Months.
LARTER pleaded GUILTY . Aged 34.— Confined Three Months.
BISHOP* pleaded GUILTY . Aged 21.— Confined One Year
GUILTY . Aged 19.— Confined Nine Months.
GEORGE FREDERICK LUSH . I am cook on board a ship—I lodge at No. 33, Brick-lane, Spitalfields—I met the prisoner in Wentworth-street on the 6th of March, and went home with her to Angel-alley, Whitechapel—I paid for a room there—She asked me to give her a shilling—I gave her one—I then found she had got her hand in my purse in my pocket—she opened the purse in the pocket, and took the money out—I lost two half-crowns, thirteen shillings, and seven sixpences—I said, "Give me my money; you hare robbed me"—she said she had got none—I found four shillings on the bed, and then another shilling—I took her to the station-house.
THOMAS WINKPORD (police-constable H 38.) The prosecutor gave the prisoner in charge—she denied being with him at all—I asked if she had any money—she said she had not—I felt her gown-sleeve, and found four sixpences there—I asked if she had any more—she said "No"—I asked her to give me her pocket—she gave it me—I found a pair of gloves in it and in the fingers of one glove I found a shilling—I found a shilling and four pence in her basket.
Prisoner's Defence, He gave me one shilling and a quartern of gin at a public-house; when he left me, he wanted me to give him my money which I had in my bosom; I said I would not, it was my own; he said he would give me to a policeman; he asked me if I had any money of his; I said I had none of his, the money I had in my bosom was my own, I had been with the prosecutor many times before.
LEWIS FITZLEY (police-constable H 139.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted the 28th of Jan., 1845, and confined six months)—the prisoner is the person—I saw her rob a man once since then, but he would not charge her.
GUILTY . Aged 25.— Transported for Ten Years.
GUILTY .— Confined Three Months.
872. GEORGE MOODY was indicted for stealing 1 watch, value 2l.; 1 pair of shoes, 4s.; 1 shirt, 2s.; 2 stockings, 2s.; and 1 cap, 2s.; the goods of Samuel Cooper, in a certain vessel on the river Thames;to which he pleaded
GUILTY .* Aged 26.— Confined Nine Months.
GUILTY .* Aged 16,— Confined One Year
March, at half-past nine o'clock, I was going out—I saw a stack of boots which were in the door-way tumble down—I went out, and saw the prisoners walking away with each a pair of boots in their hands—I took them back—these are the boots.
Cross-examined by MR. PAYNE. Q. Did Fitzgerald make any resistance? A. No, neither of them—they brought these boots back in their hands—they were removed with a noise, which called my attention—they could not be pulled down without a noise.
Flynn's Defence. There were three boys on before us; they knocked the boots down, and we being tipsy, took them up, with the intention of putting them back.
(The prisoners received good characters.)
FLYNN— GUILTY . Aged 18.
FITZGERALD— GUILTY . Aged 15.
Confined Three Days and Whipped.
875. ANN DUFFIN and WILLIAM DUFFIN were indicted for stealing 7lbs. weight of coals, value 2d.; 4lbs. weight of potatoes, 3d.; 31bs. weight of dripping, 3d.; 1/4lb. weight of candles, 1d.; 1/4lb, of butter, 3d.; 1 herring, 1d.; 1 onion, 1/2 d. 1 pig's foot, 1d.; 3oz. weight of cheese, 1d.; 2oz. weight of bacon, 1d.; and one linen cloth, 6d.; the goods of Francis Goodrich, the master of Ann Duffin; and CHARLOTTE DUFFIN for feloniously inciting them the said felony to do and commit.
FRANCIS GOODRICH . I am a medical man, and live at Grove-house, Thistle-grove, Brompton-Ann Duffin was my cook—the officer produced some articles, all of which I believe to be mine—the cloths have my mark on them, and I can swear to them.
NEIL M'DONALD (police-constable V 187.) At half-past six o'clock in the morning, on the 12th of March, I saw William Duffin, at Brompton, carrying this bundle—I asked what he had got—he said he did not know, but he was going to take it to his mother, in the grove—when I looked at the things, he said he had an aunt who kept a greengrocer's shop, in Pimlico, and she gave him these things—they consisted of these coals and other things named—I walked round the grove, and saw his mother (the prisoner, Charlotte Duffin,) standing—she saw me, and walked away—I called to her, and asked if it was her bundle—she said it was, that it was broken victuals they had begged along the road, and they were going down to Hampshire—I took her and the boy to the station—I there discovered Mr. Goodrich's name on the cloth—he identified the property—he gave Ann Duffin into custody—she asked Mrs. Goodrich to forgive her—I then had her in charge on suspicion.
ANN DUFFIN— GUILTY.—Recommended to mercy by the prosecutor, believing her to be under the influence of a bad mother, — Confined One Month
WILLIAM DUFFIN— GUILTY .— Confined One Week, and to be sent to the Refuge
CHARLOTTE DUFFIN— GUILTY . Confined Nine Months.
GEORGE FREDERICK EDWARDS . I keep a baker's shop, in Little Warner-street, Clerkenwell—the prisoner was in my service—if he received on the 28th of Feb. 3s. 8d. and 4s. 4 1/2 d., he ought to have paid it to me that day—he has not paid it—I did not ask him for it—it was usual for him to pay what he had received on giving me his account—I sent for the policeman on the Monday—I asked the prisoner in his presence about having received
money of Roberts and Tarling—he said he had, and he ought to have paid it me on the Saturday, and did not.
Cross-examined by MR. BALANTINE. Q. How much did he pay you on the Saturday? A. I am not prepared to say—it was under 10s. he was to account every day—I gave him into custody for embezzling 3l. he had received that day, but there is no other indictment against him.
Cross-examined. Q. Was that all you paid him? A. I believe I paid him 4s. 2 1/2 d., and deducted 6d. he owed me the week before—I may have paid him 7s., 8d., on a previous occasion, but not on the 28th of Feb.
Cross-examined. Q. Was that all he said? A. Yes.
MR. BALLANTINE stated that the prisoner's defence was that he had paid these sums to his master.
GEORGE FREDERICK EDWARDS re-examined. Q. Was any defence made to you by the prisoner that he had paid you these sums? A. No—I received 9s. or 10s., of him on the Saturday—that was entered and boaked to those customers who had paid it.
Cross-examined. Q. Do you mean to swear, before the Court and Jury, that this is the first time you have heard that the prisoner said he had paid over all he had received? A. To-day is the first time—I did not hear it at the police-court—I was there when the prisoner was called for the defence.
MR. BALLANTINE to GEORGE WEBSTER. Q. Did you hear it stated by the prisoner that he had paid over these sums of money? A. No—the prosecutor charged him with embezzling 3l.—he did not mention the names of the parties—he asked if he knew anything about receiving money from Roberts and Tarling—he said, "Yes"—he did not say, to my recollection, that all the money he received he had paid over.
(The prisoner received a good character.)
GUILTY . Aged 42.— Confined Three Months.
SQUIRE DAY . I came from the country—I was in the Old Bailey yester-day morning about nine o'clock at an execution—I had a handkerchief in my pocket—I was told something, and I discovered it was gone—this is it, and the one I had in my pocket.
MICHAEL HAYDON (City police-constable, No. 274.) I was in the Old Bailey yesterday morning—I saw the prisoner feeling and tapping the pockets of several gentlemen—I watched him for a quarter of an hour—I saw him go to the prosecutor, take this handkerchief out of his pocket, and put it into his own pocket—this was just in front of the gallows, just as the man was about being cut down.
Prisoner. I saw the handkerchief being kicked about; I took it up; I had not been there two minutes; I was putting my hand into my pocket; he came and took hold of me, and said I stole it.
GUILTY . Aged 20.— Confined Four Months.
NEW COURT.—Wednesday, April 1st, 1846.
Fifth Jury, before Mr. Common Sergeant.
The prosecutor did not appear.
NOT GUILTY .
879. THOMAS FIDLER and RICHARD MEATYARD were indicted for stealing 4 boxes, value 6s.; 20 yards of silk, 1l.; 2 1/2lb. weight of cotton, 15s.; 12 belts, 2s.; 3/4lb. weight of worsted, 1l. 3s.; 12 shirt-collars, 4s.; 24 shirt-fronts, 18s.; 18 stocks, 1l. 4s.; 6 neckerchiefs, 17s.; 720 pieces of galloon, 2l. 2s.; 1150 hooks and eyes, 1l. 8s.; 216 pieces of gimp, 9s.; 288 cap-springs, 7s.; 700 yards of braid, 16s.; 864 buttons, 3l. 7s.; 540 reels of cotton, 1l. 5s.; 432 eyelets, 14s.; 900 yards of piping, 1l. 6s.; 38 yards of India-rubber nett, 9s.; 36 yards of velvet, 6s.; 14lbs. weight of pins, 1l. 1s.; 84 pairs of boots, 14l.; 12 pairs of stockings, 19s.; and 800 pain of gloves, 21l.; the goods of Benjamin Wortley Home and another, the masters of Fidler.—2nd COUNT, stating them to be the goods of Benjamin Wortley Home and others.—3rd COUNT, stating them to be the goods of George Henry Brettle and others.
MR. CLARKSON conducted the Prosecution.
RICHARD CHAMPNESS . I am porter to George Henry Brettle and Co.—he has more than one partner. On the 20th of March I took three trusses and a box to the Swan with Two Necks, Lad-lane—I have seen the box since—it was addressed to "A. S. and E. Dunn, Exeter'—I booked it in the regular way.
JOSEPH PALMER TOMMS . I am clerk to Benjamin Wortley Home and another. Fidler was in their service as a van-driver, between the Swan with Two Necks and Paddington—this is the way-bill of the 20th of March—here is in it an entry, in my handwriting, of a box and three trusses, for Dunn, of Exeter, from Brettle and Co.—the box is here—it was weighed, and placed in the van—I pointed out to Fidler the things that were to go by the van that day—the box was amongst them—the things that were to go by that van were kept separate, as they always are—to the best of my recollection, Fidler loaded the van, and I believe his boy assisted, and also the men that are employed to load the vans—I do not recollect to have seen Meatyard there—I saw the van leave the yard—I gave the way-bill to the boy Terry.
Cross-examined by MR. BALLAKTINE. Q. Where is the entry in the bill? A. Here it is, "10cwts. 5lbs."—I made this out on the morning of the 20th of March, from the Great Western book, which is here—there has been an erasure here—it was a blot over the ten, and I erased it—I made out the whole of this page on that day—I entered the goods from the books as the men brought them in—here is the book belonging to Brettle and Co.—when I made the entry I did not see anything except the books—I took it for granted that the entry in their books was correct—that is the usual mode of doing business—all the articles entered for the Great Western are laid in a particular spot—on the 20th a great many articles were to go there—they all go by one van—they are placed in a separate place, by the men who are employed on the stage—it is my duty to see them weighed—Amswick and another person were the weighers—I was standing by, and saw the weight—I cannot swear to this identical box, but, to the best of my belief, it is the same—( looking at it.)
MR. CLARKSON. Q. Is it part of your duty to see the things weighed? A. Yes—amongst the things weighed coming from Brettle's, I recollect there was a box of the weight I have entered—I put down the weight of each article separately, and then added them together—there was a box, I recollect perfectly well.
JAMBS AMSWICK . I am porter to Messrs. Chaplin and Horne. I assisted Fidler on Friday, the 20th of March, to load his van—I assisted in loading ths Van, and put a good many boxes in it—I remember Brettle's man coming with three trusses and a box—I remember where they were put—I assisted Fidler in loading into the van the three trusses and the box brought by Brettle's porter, but the box I cannot swear to, because I have so many thousand boxes in a day—I saw Meatyard in the yard—he was not employed there, and had no business there that I know of.
Cross-examined by MR. BALLANTINE. Q. Will you swear you swear you were helping to load this van at all on that Friday? A. Yes—I never had a doubt of it—I saw the things come from Brettle's—I put them in their place—I will swear Brettle's box went by the van, because I had their goods altogether—I weighed them together, and asked Mr. Tomms if my goods were all right—it is my duty to ask after I have done weighing—there were no goods left behind that day—it is my duty to see that there is none.
GEORGE TERRY . I am in the service of Messrs. Chaplin and Home—it has been my duty, since last Aug., to assist Fidler, the vanman—I assisted him on Friday, the 20th of March, by wheeling the things to the van—I helped to truck the things from the place they were put in, in the office, to the van—the van started about a quarter past three o'clock—Meatyard got into the van with Fidler, we took him up against the Post-office, in St. Mirtin's-le-grand—I cannot say that I recollect having seen him more than once before—when the van was loaded Mr. Tomms gave me the way-bill—I went with the van from the Swan with two Necks to the Bolt in Tun, Fleet-street—Fidler was driving then—I was behind the van—we took in goods from the Bolt in Tun, and then went to the George and Blue Boar, Holborn, and took in goods there—when we left there Fidler said to me, "George, get up and drive the horses"—I drove them to the Green Man and Still, Oxford-street—when we got there Fidler said, "George, go and get yourself something to drink"—he gave me a 1d. to get half a pint of beer, and told me to go to a public-house round the corner of Regent-street—I went there—I was gone eight or ten minutes, and when I returned they had got the things up—when we went away from there the prisoners got up behind, and I drove the horses to the Paddington basin—I left both the prisoners together with the van when I went for the beer, and I found them together when I came back—Fidler has given me money to get beer before, in coming back empty, but not on the occasion of going up—we left the Green Man about a quarter-past four—both the prisoners got up behind—I drove up Oxford-street, and up the Edgware-road—Fidler then said, "George, draw up at the public-house on the right hand side, the corner of Nutford-place"—I did so, both the prisoners got down and went in the public-house—they came out, and then I drove the van on to the Paddington-station—Meatyard got up at the public-house and went inside the van with Fidler—but I never saw Meatyard get down—when I got to the paddington station he was gone—the van did not stop between the putlic-house and the Paddington station—the last I saw of Meatyard was when we started from the public-house—he was then in the van, and when I got to the station Fidler was there alone.
Cross-examined by MR. BALLANTINE. Q. Had you known Meatyard before? A. I cannot say I did—I was in the habit of going backwards and forwards with the van—I do not recollect whether Meatyard had been with
the van before—I have sometimes had a glass of beer given me—I have not been in the habit of driving the van from the George and Blue Boar—I never drive when the van is loaded—I have driven when it was empty—I cannot swear whether I have driven it when full.
MR. BALLANTINE to JOSEPH PALMER TOMMS. Q. On this very Friday was there not a large truss of goods put in the van and taken to Paddington that ought not to have gone there? A. There was a truss put on the van by mistake—it was returned from Paddington the next day.
THOMAS LONG . I was in the service of Chaplin and Home—on Friday, the 20th of March it was my duty to receive the goods at the Great Western Railway, at Paddington, which came by the van—I remember receiving the way-bill—when I received the goods from the van Fidler was not there—he brought the van there and then took the horses away to the stable and left me to take the things away from the van—I received two boxes, and there ought to have been three—I made a mark against the place in the way-bill, of the particular box I missed—here it is—(reads)—"Only two received instead of three, directed to Dunn of Exeter"—one of the Company's servants took them off—the boxes were all three entered together on the way-bill—this pencil mark, "Only two boxes come to bund," is my writing—I wrote it directly I missed the box.
Cross-examined by MR. BALLANTINK. Q. You do not really know which box did not come to hand? A. No, all I know was there was one missing.
JOHN ARCHER (police-sergeant, G 8.) In consequence of information I went to Cock-lane on Saturday morning, the 21st of March, about eleven o'clock—I watched the house No. 23, from eleven, o'clock on the Saturday morning till between eight and nine o'clock on the Sunday night—I then entered the house with Sergeant Cotton, and in the front room on the second floor, I found the prisoner Meatyard and his wife, and this box—I told Meatyard we were police-officers, and asked how he came in possession of this box—he said a man brought it there and left it—I asked if he knew the man, he said no, he had never seen him before—I took him into custody on suspicion of stealing it—on the 24th of March Fidler was brought to Guildhall, by one of Chaplin and Horne's clerks—I told him he must consider himself in custody, on suspicion of being concerned with another man who was in custody for stealing that box, (pointing out the box to him)—he said, "Very well"—I found these two glove-boxes in the box.
Cross-examined by MR. PAYNE. Q. You had been watching this house from Saturday to Sunday night? A. Yes—I did not find Meatyard till Sunday night—it is a beer shop—a great many people were going in and out.
CHARLES HUMPHREYS . I am one of the porters of Messrs. Brettle and Co.—I numbered the inside of the lid of the box which was sent to Dunn, of Exeter—the number I put on it was 1654—this is my number on the inside of the lid of this box—I assisted in packing the box—this is the box and its contents.
MR. PAYNE called
CHARLES MEATYARD . I am the prisoner Meatyard's brother—I am a pork-butcher, and carry on business at No. 185, Whitecross-street—my brother has been out of employ for some months—I have contributed to his support—I remember the Friday on which this matter is said
to have happened—I saw my brother that day—he came to me that Friday morning, and my wife said he had better walk to market with me, and we could talk about what I was going to do far him—when we got to the Bull and Mouth we saw Fidler on the van—I said, "Where are you going?"—he said, "Home"—I and my brother jumped into the van—Fidler drove on to Morrison's—he there took out a few things, and we went into a public-house close at hand and had a pot of half-and-half—Fidler told my brother he was going to leave his situation—he said he was keeping a man and a boy at a shop, he did not see why he should pay a man and work out himself he might as well be at home—I said, "Certainly not, do you think there is a chance for my brother?"—he said yes, he thought there was—I said he had been out of work some time, I thought of doing something for him, and said, "If you could speak for him and get him a situation I will give you 5l."—he said he did not require anything of the kind, but of course he Would speak for him—I said, "Perhaps my brother had better go now, perhaps an hour too early may be better than a minute too late"—he said no, he had to give warning—I then came to the door—it appeared he had something to say to my brother, and I left—it was then from twelve to one o'clock.
MR. BALLANTINB. Q. You were with your brother for the sake of getting him a situation? A. O dear, no, he was going to market with me—he came to my house—I have passed by Cock-lane, but I was never in it in my life—my brother is married, and I have understood he has lived there a few weeks—I have never been to see him—he has been out of employ a month Or two.
MR. CLARKSON. Q. He lived on the second floor in Cock-lane? A. I do not know—I have known him living there a few months—I have seen Fidler and my brother together before that time—when I had spoken to Fidler I quitted the van, and went about my business.
(Joseph Carpenter gave Fidler a good character; James Hooper, of Dover-road, a traveller, and William Hemmings, of Tooley-street, gave Meatyard a good character.)
FIDLER— GUILTY . Aged 22.
MEATYARD— GUILTY . Aged 25.
Transported for Seten Year.
THOMAS WHINNEY . I live in Shepherd's-market—on the 28th March, a little before twelve o'clock, I was in Bridges-street, by the theatre—the officer spoke to me, and I missed my handkerchief from my pocket—this is it—I had had it a minute or two before.
Cross-examined by MR. BALLANTINE. Q. You did not see the prisoner? A. No, I did not see other persons about.
WILLIAM WEST (police-constable F 106.) I was in Bridges-street, and saw the prisoner take this handkerchief from Mr. Whinney's pocket—I had watched him a few minutes—I saw him at the corner of the street and followed him—when he took the handkerchief I took hold of him—he threw it on the ground, and I took it up and took it to Mr. Whinney.
Cross-examined. Q. Was there any other person saw this beside youself? A. Not that I am aware of—there was one person behind the prisoner.
JOHN WHITE (police-constable R 180.) I produce a certificate of the prisoner's former conviction at Clerkcnwell—(read—Convicted 5th Nov., 1844, and confined six months, six weeks solitary)—the prisoner is the person.
GUILTY .— Aged 17.— Transported for Ten Years.
HENRY GEORGE HEIGHAM . I am assistant to my father, Thomas George Heigham, of Onslow-place, Brompton, in the parish of Kensington—I saw this French satin damask safe in the shop on the 2nd of March, about three o'clock, and missed it within half an hour—it is worth about 18l.—I am quite certain it is my father's—it was on the table in the shop, which is part of my father's dwelling-house.
Prisoner. A man from Dover gave it me to pawn.
Prisoner. I never was in Brompton.
JOHN BELL (police-constable B 163.) The prisoner was brought to the station on a charge of being drunk, about half-past six o'clock in the evening, on the 2nd of March—I saw this portion of the damask drop from under her arm—the next day, as she said she brought it from Dover herself, the Magistrate discharged her, but the damask was detained to make inquiry, and about an hour afterwards we found it had been stolen from Mr. Heigham.
Prisoner's Defence. A man who goes about to sell silk gave it me to pawn; I never stole anything.
GUILTY . Aged 64.— Confined Six Months.
JAMES LAMONT . I am a commander in the Royal Navy. On the afternoon of the 28th of March I was in St. Paul's Church-yard—a gentleman spoke to me, and I looked for my handkerchief, which had been in my coat pocket—I found it was gone—I saw the prisoner in custody, and saw it taken from his breast—this is it.
Prisoner. Q. Is it not possible you might have dropped it? A. It is possible, certainly—I did not feel you at my pocket.
FREDERICK WILLIAM LAWRENCE . I live at No. 18, White Conduit-grove. I was passing the captain and another gentleman, who were walking arm-in-arm in St. Paul's Church-yard—I saw the prisoner take this handkerchief from the captain's pocket and put it into his breast—I followed him across Cheapside and took him.
Prisoner. I picked up the gentleman's handkerchief; I saw it lying upon the ground. Witness. I was close to him—I am sure he did not pick it up—it was his taking it out of the pocket attracted my attention.
WILLIAM NORTON (City police-constable, No. 286.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted the 10th of June, 1844, having been before convicted of felony, confined twelve months)—the prisoner is the person.
GUILTY . Aged 19.— Transported for Ten Years.
GUILTY . Aged 19.— Confined Three Months.
884. MARY ANN ARMSTRONG was indicted for stealing 1 spoon, value 2s. 6d.; 3 gallipots, 3d.; 31bs. weight of jam, 3s.; 2 saucers,1s.; 5 pans, 6d.; 1 pair of snuffers, 6d.; 1 knife, 6d.; and 3 cloths, 9d.; the goods of Augusta Sophia Tipper, her mistress.
MR. ROBINSON conducted the Prosecution.
HENRY TIPPER . I am a merchant. I live at No. 3, Chester-terrace, Regent's-park, with my mother, Augusta Sophia Tippet—she is a widow—the prisoner lived in her service as cook for six or eight months—in consequence of information I sent for an officer, and gave her into custody.
ANN AMELIA DOSS . I am the wife of James Doss, a police-constable. I sarched the prisoner, and found this silver spoon down her bosom, under a hare-skin—I found nothing else on her but some money belonging to herself—she gave some keys to the policeman—she was at first willing to be searched, and then she was not—when I found the spoon she said she would give me the money she had got if I would say nothing about it.
JAMBS MASON (police-constable S 168.) I went to Mrs. Tipper's—the prisoner came into the room and said she was ready to answer the charge against her—Mr. Tipper said there was no accusation made, and told her to go down stairs—she went down—I went and told her she must come to the station—I saw her lock a box—she then went to the station and was searched—I received some keys from her—I went back to the house and unlocked the box—I found in it three pots of jam, three saucers, a pair of snuffers, a knife, and three cloths—these are them—they have all been identified by Mr. Tipper.
Cross-examined by MR. DOANE. Q. Was the box locked? A. It was open—she put away some dresses in it in my presence, and then she locked it.
Cross-examined. Q. I believe your mother is an invalid? A. Yes—the prisoner had occasion to attend her up-stairs, and take her tea and other things.
GUILTY . Aged 29.— Confined Four Months.
(There was another indictment against the prisoner,)
JOHN BAPTISTS (by an interpreter.) I am a native of Naples. I was on Tower-hill on the evening of the 10th of March, going on board a ship—there was the prisoner and one or two other female—the prisoner put her hand into my waistcoat pocket, took out three sovereigns and ran away—I ran and caught her.
Prisoner. He stole my shawl. Witness. No I did not.
DAVID DUNN (police-constable H 107.) At half-past ten o'clock at night on the 10th of March I was on duty on Tower-hill—I heard a cry of "Police!"—I went, and saw the prisoner held by the prosecutor and another man who is now absent—the prosecutor said he had lost money, pointing to the ground—I turned my light on, and saw three sovereigns drop on the pavement—I cannot say from whom they fell, but there was no other woman there—they certainly did not drop from the prosecutor—I desired the other person to pick them up, and give them to me—I took the prisoner.
Prisoner. There were six or eight gentlemen together; one of them
took my shawl off, and two of them had hold of my hand when the policeman came up; I never had a sovereign in my hands; I called the policeman for my shawl. Witness. No, it was the voice of a man called me.
GUILTY . Aged 24.— Confined Four Months.
886. JAMES STARKE was indicted for stealing 1 boot-jack, value 1l. 10s.; 8 feet of carpet, 2s.; 6lbs. of brass, 3s.; 3 yards of drugget, 6d.; 4 feet of oil-cloth, 2s.; 1 lantern, 1s.; 15lbs. of mixed metal, 7s.6d.; and 2 brushes, 6d.; the goods of Mary Rebecca Thompson and another, his mistress and master.
GEORGE JOHN THOMPSON . I manage the business of Mary Rebecca Thompson and another, ironmongers in Oxford-street—the prisoner was in their employ between two and three years, as a smith—I was not at home when he was given in custody.
THOMAS WHITTAKKR . I am a marine store dealer—I live in Adam and Eve-court, Oxford-street—on Saturday the 28th of Feb. between nine and ten o'clock in the morning, the prisoner brought me a quantity of brass that was crushed—I asked if it was his own, he said, "Yes"—I asked his name and address—he said, "James Padget, 6, Wardour-street"—I bought it at the rate of 4d. a pound—it struck me it was dishonestly come by, and I informed the police—the prisoner had been there five or six times before—I do not conduct the business there myself—I am a porter—I had seen the prisoner once, or twice before that Saturday—I saw him again on the Monday evening, and gave him into custody—I am sure he is the man who was with me on the Saturday.
Cross-examined by MR. PARRY. Q. What are you? A. A porter—I open and shut six or seven shops, and am an auctioneer's porter—the shop is mine—I consider this brass is best metal, but whether good or bad, it is the same to me—it is not worth 10d. a pound to me—I got 2d. a pound profit—I sold it to Kennedy.
THOMAS WHITTAKBR , Jun. I recollect the prisoner coming to the shop on the Monday between four and five o'clock—I have seen him there five or six times selling metal—I weighed the metal he brought on the Monday, and was in the act of paying him—I went out for change, and met my father—he told me to go and fetch the policeman—the prisoner swore my father was a b—rogue.
HENRY FOWLER (police-constable E 111.) On Monday the 2nd of March I went to Whittaker's shop, and saw the prisoner—I took him into custedy—I received from Mr. Whittaker this brass mortar—I got some other things from Mr. Bonham in Oxford-street—the prisoner told me where he lived—I searched his house, and found this brush, this lantern, some pieces of oil-cloth, and some other things.
Cross-examined. Q. Where did you find them? A. In the cupboard, and in different parts of his room—not concealed.
WILLIAM CRISP . I am foreman to Mr. Bonham. About the 28th of Feb. I bought some brass of Mr. Kennedy, perhaps half a hundred weight—there was none that I could recognize but this piece, which I gave to the policeman.
Cross-examined. Q. Can you swear that you purchased this piece at the time? A. Yes—it was only one or two days after that the policeman came—it is a particular sort of piece—there is none other like it—the brass was put
together in a heap—this laid on the top—we had used none nor received any from the time this came in till the officer came.
Cross-examined. Q. Are you the prosecutor? A. No, I am foreman—they are trustees to the property left by my father—I form a portion of their trust—this brass was in the shop—it belonged to the trustees—I and others are servants to the trustees—my mother lives in the dwelling-house, but that has nothing to do with the shop—she is one of the trustees, and George Rathbone is the other—I have known the prisoner two or three years—he had a good character as to ability, but was occasionally given to drink—within the last three or four months he has been more irregular than previously.
MR. DOANE. Q. How do you know this piece? A. by having this portion of it which belonged to it left behind—it was found under the workmen's bench—it corresponds in all respects, in quality, substance, and width.
HENRY FOWLER re-examined. I know Mr. Maltby's writing—this is his signature at the bottom of this deposition—(read)—"The prisoner says I sold the mortar, which was my own property, but I did not sell the other articles."
Cross-examined. Q. Did you miss any of those? A. Yes—things have been missing some time, but the brass within a fortnight before it was found—I know the other things were missed before the brass—I cannot say when.
MR. PARRY called
PETER TAYLOR . I am a bricklayer's labourer. I have worked for Mr. Thompson—the prisoner was in their employ—the last time I saw him at the shop was on Saturday, the 28th of Feb.—I set a range for Mr. Thompson that day—I went at seven o'clock in the morning—I saw the prisoner there till half-past eight o'clock that morning—we both came away to breakfast—I walked with him as far as Rathbone-place—he lives in Steven-street, Rathbone-place—I came back at nine o'clock, and was with the prisoner from then till eleven—we went back to the job together to set a range.
MR. DOANE. Q. There is another witness, is there not? A. Yes, a female—she was not with the prisoner at the time I was—she lives in the prisoner's house, in the next room to him—I never knew her till I went to the prisoner's house, when his wife came to my house, which was on a Tuesday or a Wednesday, about a month ago—the witness came to me with the prisoner's wife—I have seen her several times since with Mrs. Starke—they came to see me, and asked me to become a witness.
MARY ANN HYDE . I am married. My husband is a plumber's labourer—I live at No. 21, Steven-street—the prisoner lodged in the next room to me—he is in the habit of coming home to his meals from his work—he comes to breakfast generally between eight and nine o'clock—I remember the 28th of Feb., it was on a Saturday—he came in that day at twenty-five minutes to nine o'clock to his breakfast—I was in his room at the time, talking to him—the clock faces the door, and I stood in the door-way—I was in and out from one room to the other all the time he was there—he left at nine o'clock—Mr. Thompson's it in Oxford-street—I have seen Adam and Eve-court, in Oxford-street—it is not a great way from Mr. Thompson's—I am quite sure the prisoner remained from twenty-five minutes to nine till nine o'clock in his room.
MR. DOANE. Q. Are you in the constant habit of going into his room? A. Yes—I do not recollect whether I had seen him there the morning before—this
was a very fine morning—I had sent the children out for a walk—I have repeatedly met the prisoner coming up and down stairs—I cannot recollect his coming home to breakfast on the Friday, Thursday, or Monday.
GUILTY . Aged 31.— Confined One Year.
(There was another indictment against the prisoner.)
887. JOHN GUYATT was indicted for stealing 1 gown, value 2s. 6d.; 3 yards of sheeting, 1s.; 6 yards of calico, 12s. 6d.; 2 yards of flannel, 1s.; the goods of Frances Guyatt: and 1 coat, value 4s.; 1 other coat, 2s. 6d.; 2 pairs of trowsers, 6s.; 3 waistcoats, 4s. 6d.; the goods of Charles Guyatt, and that he had been before convicted of felony.
FRANCES GUYATT . I am a widow, and live at No. 6, Paul-street, Portman-market—the prisoner is my son—I placed my wearing apparel and other things in a neighbour's room for security, in consequence of so frequently losing it—on the 9th of March I went out to work at six o'clock in the morning—I returned at eight in the evening—I went to my box, and missed this calico, sheeting, flannel, coats, and other things—the coats and other clothes were my younger son's, Charles Guyatt—they were in my care—the things are all here, except two yards of flannel—when the prisoner came home, his brother said to him, "Now you shall go for this"—he said he did not care, the sooner the better.
JOSEPH GUENIE (police-constable S 340.) I took the prisoner—I asked him if it was he that took the things—he said he did not care, and he would be b----if I should not have some trouble with him before I got him to the station.
GUILTY .— Transported for Ten Years.
888. JAMES MELANY was indicted for stealing 3 silver spoons, value 30s.; and 1 watch, 5l.; the goods of Sarah Lemon, in her dwelling-house; and JOHN JONES for feloniously receiving the same, well knowing them to have been stolen; and that Melany had been before convicted of felony.
MR. DOANE conducted the Prosecution.
ELIZABETH SARAH GOSLING . I am servant to Mrs. Lemon, of No. 5, Hoxton-square—on the morning of the 7th of March she went out, leaving me and Harris in the house—about eleven o'clock there came a single knock at the door, which I opened, and saw Melany—I asked what he wanted—he said he came from Mr. Walker's, in Hackney-road, for some jobs—I told him I was sure he was not right—he said, yes, he was quite right, he had been told to come to Mrs. Lemon's, No. 5, Hoxton-square—I asked what for—he said, "Boots and shoes"—I said I was sure he was not right, for we had not any—I called my fellow-servant down—Melany was asked to go into the parlour—I and Harris went up stairs, to finish the job we were about—in about ten minutes I came down, and saw the street door open, and Melany was gone—I did not miss anything at that moment—I went into the kitchen, to see what time it was, and I missed the watch which had been suspended over the dresser—my mistress afterwards missed two silver spoons and a tea-spoon.
March she called me down—I found Melany just inside the door—she has given a correct account of the transaction.
SARAH LEMON . I live at No. 5, Hoxton-square—I returned home on Saturday, the 7th of March—I went to look, and this watch and spoons were missing—this is my watch—it is worth 2l. or 35l.—these spoons are marked—they are mine, and are worth, perhaps, 10s. a-piece—I do not know Mr. Walker—I had given no orders for him to send.
Jones. Q. What time did you miss these things? A. About half-past one.
MICHAEL HAYDON (City police-constable, No. 274.) About a quarter past one o'clock on the 7th of March, I was about Field-lane, and saw both the prisoners—I saw Jones, as he went down the lane, beckon to a man named Simmonds, who keeps a handkerchief shop there, and was standing at his shop door—he followed the prisoners, and they all went into a public-house on Saffron-hill—about two minutes after they went in, Melany came to the door, and looked up Saffron-hill and down again—he repeated this twice—I and Hewett, an officer who was with me, went into the public-house—I heard a jingling sound of silver, and saw Jones standing by a beer-barrel which was turned end upwards, and on the barrel this handkerchief was spread, and he had his hands upon it—I pushed him on one side, and under the handkerchief I found these spoons and this watch—I said to Jones, "What is the meaning of this? do you know anything of these?"—he said, "No"—asked Melany if he knew anything about them—he said, "No"—I took them into custody.
Jones's Defence. I had no work, and came down Cheapside; I met this lad; we went down Field-lane into this public-house; I knew nothing of the articles till the policeman pulled them out.
Melany's Defence. I was in Hackney-road; a young man asked if I would go with him; we went down Hoxton, and he said, "You go to Mrs. Lemon's, No. 5, Hoxton-square, and say you. come for boots and shoes;" I knocked at the door, and one of them asked me in; I sat down in the parlour twenty minutes; I then went out, and saw the lad; I told him, and he said, "Very well, thank you;" I then went home; I went out again, met Jones, and we went and had a drop of beer.
MELANY— GUILTY . Aged 17.
JONES*— GUILTY . Aged 20.
Transported for Ten Years.
MR. DOANE conducted the Prosecution.
SARAH BEAUMONT . I live at No. 1, Finsbury-square, in the parish of St. Luke, Old-street—it is my dwelling-house. On the 2nd of March the prisoner came down the area steps—I happened to be in the kitchen—he said he had come from Mr. Walker's for some jobs to be done—I understood him to say to looking-glasses—I said I did not know Mr. Walker, and I had no jobs of that kind—he went away, and in ten minutes came back again with the same story, and went away again in the same manner—I saw him three times that day—I did not see him the next day, but on the next day I missed the spoons, after I had received information—we counted them up immediately
the prisoner had left, on the 3rd of March, and missed them—they had been safe just before dinner, at four o'clock, and they were missed about five—I think them worth about 7l.—I missed six forks and two spoons—I have no doubt the prisoner is the lad.
SARAH DENNIS . I am in the service of Miss Beaumont. On Monday, the 2nd of March, I saw the prisoner in the kitchen, between eleven and twelve o'clock—I was not in the kitchen when he came in, but I went in while he was there—he said he came from Mr. Walker's, a looking-glass maker's—I saw him again on the Tuesday, the 3rd of March, about five o'clock—he came from the area steps, and said he had come from Mr. Walker's again, and my mistress had desired him to come—Mrs. Mapleton, my mistress's sister, who was there, told him he must be mistaken—he went away, and in about half an hour came again, brought me a note, and said, "I think I am right now"—he asked to take the note to my mistress—I left the kitchen, and carried up the paper—when I came down he was gone out of the kitchen—I went out, and he was running out of the area gate, and holding up the left skirt of his coat, as if he had something heavy in his pocket—I ran to the top of the area steps, and observed him run down Chiswell-street—I returned into the kitchen, and missed five forks and two spoons which I had left on the dresser just before.
Prisoner's Defence. I was coming up the City-road; I was looking in a shop window, and a lad asked me if I wanted a place; I said, "Yes;" he said, "Will you take a message for me to Miss Beaumont's?"—he said, "Say you came from Mr. Walker, a looking-glass frame-maker, in Tabernacle-row;" I went, and Miss Beaumont did not know Mr. Walker; I went and told him; he told me to go and say I could not be mistaken, he had done jobs for her before; I went and told her, and she told me to come again to-morrow; he gave me 2d., told me to see him again the next day and he would get me something better to do; I met him, and he sent me with the same message, and a letter; when she went up stairs, a man came down and said here was 6d. for me, and told me to go up the City-road.
NEW COURT.—Thursday, April 2nd, 1846.
Sixth Jury, before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
JOHN SIMON ENGLEHART . I live in St. Martins-le-Grand—I am proprietor of an office and wine-cellars in William-street, Blackfriars, which I let to the prisoner. Here is the agreement on which I let them—it was stamped after it was made—I allowed him to enter on this agreement—at that time there were twelve iron plates there—they were used for the purpose of making temporary wine-bins—they were let with the premises, and had no right to be taken off the premises—they were not fixtures—they were not intended to be fixed—they are more generally used than other things now—they are peculiarly for the purpose of the trade—I do not know the day of the month on which I gave the prisoner permission to enter—the agreement is dated 4th March, and I think he entered the next day afterwards—on the 9th of March the policeman made a communication to me—I went to Mr. Clark's
iron-shop, and saw the iron plates which had been in the cellar—they were worth 6s. or 7s. a cwt.
Cross-examined by MR. PAYNE, Q. These were not fixed, but might be occasionally used to make temporary wine-bins? A. Yes—I do not know that they stood blocking up the way against the wall—it was impossible that the prisoner could be going to erect a furnace—there is no chimney, nor a way to make one, and it is prohibited in the lease—I could have had possession of the key, but I refused.
MR. BALLANTINE, Q. You knew these plates were on your premises? A. Yes—I never heard of the furnace before—it is not very usual to have a furnace in a wine-cellar.
JAMES CLARK . On the 9th of March the prisoner came and asked if I were a buyer of iron—I said, "Yes"—he said, "Can you send for it?"—I said, "Yes, if there is a quantity"—he said there was—I said, "Do you want it away this evening?"—he said, "Yes; the men are coming to work in the morning, and it will obstruct them"—I sent the men to bring the iron to my place—I paid 3s. per cwt. for it—that is the value of old iron—the prisoner gave the name of Williams.
THOMAS WHITTINGTON . I was present at Mr. Clark's when the prisoner came about the iron—I and another man went to William-street with a truck to fetch it, an Monday, the 9th of March, about six o'clock in the evening—the prisoner lit a candle, lighted me down stairs, and showed me the plates standing against a wall—I brought three or four of them up—we took them all way—I told the policeman of it.
HENRY ROWN (city police-constable, No, 356.) I saw these plates being removed—I made some inquiry and made a communication to Mr. Englehart—I afterwards took the prisoner in the Borough—I told him I took him in custody for moving some plates from Mr. Englehart's premises—he said it was a drunken spree.
Cross-examined. Q. You saw the truck moving the iron? A. Yes, and they told, me where they were going to take it—I followed the truck to Mr. Clark's, and afterwards went to Mr. Englehart's in consequence of what I heard at Clark's—I think the word the prisoner used was a spree or a frolic—it might be a freak.
MR. BALLANTINE. Q. Did he say he moved them to build a chimney? A. No.
COURT to JOHN SIMON ENOLBHART. Q. What was on the premises besides these iron plates? A. A leaden cistern, a leaden sink, a large iron safe, and a small stove—they are there now.
NOT GUILTY .
WILLIAM ABNER VAUGHAN . I am a linen-draper, and live at Aldgate—on the 28th March I saw the prisoner at my shop about eight o'clock in the evening—he asked one of my young men if we had a striped cotton for shirting, at about 5d. a yard—the young man asked me if we had such an article—the prisoner was standing close to us—I told him in the first place there was not such an article, and I showed him a piece of goods at 8d. a yard—there were several dresses folded up at the spot where the prisoner stood—he had a great coat on his arm—I watched him, and saw one of the mouselin-de-laine dresses under his coat—he was then from one to two feet from the counter—I saw the dress under his coat—I cast my eye round the shop for
some one to fetch a policeman—my young men were engaged, and while I cast my eye round, the dress had fallen to the ground—the prisoner was standing about eighteen inches from the counter when the dress fell—from the position in which he stood I can undertake to say it did not fall from the counter—it fell from under his coat—I did not see it actually fall, but I saw it under the coat, and the next view I had of it was on the floor—I collared the prisoner, and told a young man to fetch a policeman, who came in a few minutes, but in the interim I had given the prisoner to one of my young men, and I went to the door—when the policeman came the prisoner offered to pay for the dresses—he took out some gold money—there were two pieces of gold—either a sovereign and a half-sovereign, or two sovereigns—he had been taking some liquor—he smelt strongly of liquor.
Cross-examined by MR. CLARKSON. Q. Did he offer to pay for the dress or the dresses? A. I will not swear whether he said dress or dresses—he was not tipsy—I had never seen him before—I could not undertake to enumerate all the articles that were on the counter—there were no collars or lace—there is nobody here who was serving at the counter—I stood opposite the prisoner, about eighteen inches from him—I should think he must have seen me—I looked at him and watched him—the policeman has the coat—it was spread on his arm—I really cannot account how it was I did not see the dress go from the counter—he did it very cleverly—he drew it off—my suspicion was aroused from some hand moving the dresses—I kept my eye on him, and on his turning round in another position, I saw the dress distinctly under his coat—his hand was covered with the coat, but I saw the dresses move in front of the coat, and in a moment or two when my back was partly to the counter, I saw the dress distinctly under the coat—he afterwards struck me—I do not recollect that he asked me what I collared him for—I dare say be did—there was a great deal of business going on in the house at the time.
COURT. Q. Did he not want to know why you collared him? A. I have not a distinct recollection of what he said at the moment—I was under a little excitement.
MR. CLARKSON. Q. Did he appear a foreigner? A. Yes, he spoke rather broken English—the cost price of this mouselin-de-laine would be about 8s.—it is not a dress made up—it comprises both body and skirt—there are about eleven yards.
COURT. Q. Had he looked at any of these articles as a purchaser would? A. No, not at all—he had not said a sentence about buying a woman's dress.
JURY. Q. Was he attended to? A. I do not know—I did not see him at the moment—he did not take a seat—I stood inside the counter—he was asking for striped shirting.
JOHN BROOKS (City police-constable No. 666.) I took the prisoner in custody—as we were going along he struck Mr. Vaughan, and was very violent—he wanted to escape—he was a little the worse for liquor, not much.
ABRAHAM EAREE (police-constable, K 355.) I produce a certificate of the prisoner's former conviction which I got at Clerkenwell—(read—Convicted 12th of August, 1845, and confined three months)—the prisoner is the person.
GUILTY . Aged 19.— Confined One Year.
GUILTY . Aged 37.— Confined One Year.
893. JAMES TREVETT was indicted for stealing 6 tea spoons, value 1l. 6s., the goods of Elizabeth Hendry; and WILLIAM TURNER for felonionsly receiving the same, well knowing them to have been stolen,to which
TREVETT pleaded GUILTY . Aged 29.— Confined One Year.
ELIZABETH HENDRY . I live in Fisher-street Alms-houses, Red-lion-square Bloomsbury—I lost six spoons from a small box with a drawer in it—they had my initials on them—I removed from Princes-street to Fisher-street, when I got there the box was gone—these are tlie spoons.
WILLIAM PANKER . I heard of the loss of Mrs. Hendry's spoons—I afterwards stopped the prisoner Trevett who was driving a van in Stanhope-street—I told him I wished to speak to him respecting some property that was missing from the goods of Mrs. Hendry that were removed from Princes-street to Fisher-street—he said, "I do not know anything about it"—he admitted he had removed Mrs. Hendry's goods.
MARY AWN APPLETON . I live in Princes-street, Drury-lane—Mrs. Hendry moved her goods from that house on the 12th of March, by a van which was driven by Trevett—he put some of the things in, and arranged them—I noticed him to bring a box down—he took it up, and opened the drawer of it twice—he appeared to examine what was in it—I saw some silver in it—he placed it between some bundles in a different place to where it had been—he then drove off.
FRIDKRICK DURSTON (police-constable F 83.) On the 15th of March I saw the prisoner Turner and another man fighting—a sergeant who was with me took Turner into custody—as he was taking him to the station, I saw Turner put his hand into his right hand trowsers pocket, take out two spoons, and drop them on the pavement—they were picked up by a man, and given to me—I have them—I afterwards saw Turner searched by the sergeant, and four more spoons found on him—he said that Trevett, Mr. Mapley's carman, gave them to him to take care of for him—I called on Trevett afterwards, and said I wanted to speak to him—he came to me, and inquifed if Turner was locked up for anything, and he said something to me about the spoons.
JOHN HENRY LOWE (police-sergeant, F 7.) I took Turner to the station—Durston delivered to me two silver tea-spoons—I asked Turner where he got them—he denied having dropped them, and said they did not belong to him at all—I found between the lining of his trowsers three other tea-spoons, and one more dropped from him—his trowsers fitted tight towards the lower part of the leg, so that unless be applied his hand to the spoons, they would not easily fall through, unless he had walked far—I should judge he could not have had them there the whole of the time he was going to the station—these are the four spoons.
(Turner received a good character.)
TURNER— GUILTY . Aged 23.— Confined One Year.
894. CHARLES HENRY CROSS was indicted for feloniously receiving 1lb. weight of tobacco, value 3s. 7d.; 961b. weight of candles, 2l.; 2lbs. weight of capers, 3s. 4d.; 41bs. weight of bees'-wax, 8s.; 1 broom, 3s. 6d.; and 241bs. weight of starch, 12s.; the goods of Mary Ann Brown; well knowing them to have been stolen.
MR. DOANE conducted the Prosecution.
know Henry Flowerday—he is between twenty-two and twenty-three years of age—he was in the service of my uncle, Mr. Carey, who is in the same business as my mother—I know the prisoner—he lives in Collingwood-street, Bethnal-green-road—he keeps a chandler's shop, and sells soap, and candles, and soda, and starch, and pickles, and other things—I know him by being recommended to him by Henry Flowerday—as near as I can recollect, the first time I went to the prisoner's was on a Sunday, about four months before I was taken into custody—Henry Flowerday took me there—he told the prisoner in my presence that I had got a pound of tobacco to sell—he told him my name was Thomas Brown, and that I lived in Bethnal-green-road, which is not far from the prisoner—he told him that my mother kept an oil-shop in Bethnal-green-road—she has lived there twenty-five years—when I went to the prisoner, I had a pound of tobacco, which I had stolen from my mother—I produced it to the prisoner, and he said he would give me half-a-crown a pound for it—my mother gave 3s. 8d. a pound for it—I do not rightly know what it would have been sold for across the counter, as I never serve in the shop—the prisoner gave me half-a-crown for it—it was called the best returns—he said if I could get anything, he would buy it of me, if I could get soap or candles, he would give me 3d. a pound for candles, and 2 1/2 d. a pound for soap—I know candles are 5s. a dozen, and the soap is sold at 4 1/2 d. or 5d. a pound—I sold nothing else to him that day, that I know of—I went to him again the next week—I cannot rightly say on what day—I then went by myself, and sold him three cakes of bees'-wax, which weighed between 4lbs. and 5lbs. each—he gave me 5d. or 6d. a pound for it—I cannot rightly say whether the bees'-wax was all I took on that occasion—I took candles many times—I sometimes took two dozen—I cannot say up to what period I was in the habit of taking candles there—I was taken into custody on a Saturday night, six or seven weeks ago—I had frequently visited the prisoner's shop, and taken things there, and had been there about a week before I was taken, and had taken two dozen pounds of candles—he gave me 3d. a pound for them—they were selling in my mother's shop at 5 1/2 d. a pound—I cannot rightly say whether there were any pickles taken on the day that I took the two dozen pounds of candles.
Cross-examined by MR. PARRY. Q. Where is flowerday now? A. I am sure I cannot rightly tell—I have confessed to stealing articles out of my mother's shop—I stole a watch from my mother, and I robbed her of some money—I robbed my sister of 1s. 6d., and I robbed her of a gold chain, but she got it back—I never robbed anybody in the street—I have not been in the habit of robbing the houses of friends or their tills—I never robbed anybody but my mother and sister—I have never been charged by a landlord of a public-house with robbing him—my uncle Carey is here—I do not rightly know whether he told me it would be better for me if I would confess—I am telling all I know—they said they would not hurt me if I told all the truth, and in consequence of that I have stated what I have done to-day.
MARY FLOWERDAY . My husband is a plumber—we live in Collingwood-street, very near the prisoner—I have a son named Henry Flowerday—my son was in the service of Mr. Carey—I have seen my son and Thomas Brown together—I cannot say where—I have seen my son at the prisoner's, and have seen Brown there—I do not know that I have seen my son and him there together—Brown has come to my house to see my son, who has been at the prisoner's, and I have sent Brown there after him.
ROBERT PRINGLK . I keep the Lord Collingwood public-house—I know the prisoner as a neighbour—I saw him and Thomas Brown once at my house, drinking together—they were drinking at the bar when I saw them.
GEORGE TEAKLE (police-sergeat H 8.) On the 20th of Feb. I went with Mr. Carey to the prisoner's house—the prisoner was in the in the shop—I asked if he knew a person named Brown—he said, "No, I do not, that I am aware of"—I said, "I think you do; you had better recollect yourself, for according to my information, you bought candles of him"—he said, "No, I did not, that I am aware of: I have not bought any candles of any person of the name of Brown"—Mr. Carey, the uncle of Brown, was there with me—I turned round to him, and said, "Well, Mr. Carey, you know the information you have received from Brown, it is now for you to judge what step you will take"—Mr. Carey said, "Well then, I certainly shall give him into custody"—at that time I had not seen Mrs. Brown—I judged it was necessary to go and consult with her—the prisoner then said, "Oh! you mean the tall young man?"—I said, "Yes, he is a tall young man"—he said, "He was introduced to me by a man named Flowerday; Mr. Carey, pray don't take any step of that kind, to take me away from my home, and I will let you know everything I know about it, or any goods that I have bought"—I said, "My information is, that you have bought candles at 2d. a pound of Brown"—he said, "I have bought a few candles on one or two occasions, but I gave him 3d. a pound"—I said, "Where is the tobacco you bought?"—he said, "I certainly have bought tobacco on two or three occasions, small quantities, and he had cigars for it, but he always told me it was his own"—I then said, "Where is the jar of capers you bought of him?"—he said, "well, he did bring a small jar of capers, and I gave him 10d. for it; I emptied them, and he took the jar away again"—he begged very particularly to be allowed to go and have an interview with Mrs. Brown—he said he would gladly pay double and treble the amount of her loss, if the uncle would not take any step towards him—I desired the uncle, while I remained there with the prisoner, to go and see Mrs. Brown—he went away and returned, but not bringing any decisive answer, I went and saw Mrs. Brown myself, and afterwards took the prisoner—I found some candles in this shop, which he could not satisfactorily account for—I found they resembled two dozen of flat candles which I had, which had been found in the possession of Thomas Brown when I took him—I asked the prisoner where he bought them—he said he did not know, he bought some of one and some of another—I took possession of them, and took the prisoner to the station—he there particularly requested to speak to Mrs. Brown—he was cautioned by the inspector to be cautions what he said, as what he said might be used as evidence againt him.
Cross-examined. Q. You did not caution him? A. He was not in custody at that time—I was on private in quiry, in consequence of Brown being in custody—I had no authority to take him till I had seen Mrs. Brown—Mr. carey said, "As you deny all knowledge of it, I will give you into custody"—I believe there was one or two questions put to him after that about the capers—the prisoner's is a chandler's shop—candles are sold there—there were two dozen of candles found upon Thomas Brown—he was carrying them off Mrs. Brown's premises—they were the same shape as those found upon Thomas Brown—I have measured them since, and they do not agree with Mrs. Brown's.
MARY ANN BROWN . I am a widow, and carry on business in Bethnal, Green-road—Thomas Brown is my son—he had access to my property—I have been missing a quantity of candles, bees'-wax, capers, starch, and soap from Nov. till the 14th of Feb.
COURT. Q. Have you traced any property of yours taken anywhere but
to the prisoner's, by your son? A. No—the watch was taken to another party—it was not gold—it was my husband's—my son took it to a young man, who took it to another person—I cannot tell where.
MR. DOANE. Q. What do you give for your candles? A. Five shillings per dozen—I sell them retail at 5 1/2 d. per pound.
Cross-examined. Q. It depends upon the quality of them, does not it? A. I buy but one sort—my son has not been a good boy.
(George Somers, tobacconist, Wellington-street, Whitechapel-road; Henry Austin, builder, Bathurst-street, Hyde Park-gardens; John Godfrey, surgeon; Edward Manning, baker, Cambridge-road; Thomas Chance, licensed victualler, Collingwood-street, and William Smith, Barfield-terrace, Stepney, gave the prisoner a good character.)
GUILTY . Aged 35.— Transported for Seven Years.*
*THOMAS CAREY. I firmly believe the prisoner was the means of my servant Flowerday absconding—he had been a very good servant till the last six months—I have two witnesses to prove that the prisoner has tried to seduce them to rob their employers to a very serious amount.
895. SARAH GREENWOOD and HENRIETTA WHITE were indicted for stealing 1 handkerchief, value 6s., the goods of George Llewhelling Millard, from his person: and that they had been before convicted of felony.
JAMES BROWN (police-constable F 142.) On the 26th of Feb. I was in St. James's-park, about two o'clock in the afternoon—I saw both the prisoners and another female in company with them—I saw Greenwood go behind Mr. Millard and take this handkerchief, which I now produce, from his coat pocket behind—this was at the time the Queen was passing—Greenwood gave the handkerchief to White—I took hold of White, and she threw the handkerchief upon the ground—Greenwood was secured by another officer—there were two more handkerchiefs found—this one was found upon Greenwood, and this other one was thrown upon the ground by White, with this pocket-book, which is the property of Mr. Welch.
GEORGE LLEWHELLING MILLARD . This handkerchief is my property—I had it in my pocket—I was in St. James's-park on the day the Queen went to the House of Lords, and my attention was called to the loss of my handkerchief by the officer.
JOHN CARTWRIGHT WOOD (police-constable E 24.) I produce a certificate from Clerkenwell Sessions of the conviction of the two prisoners—they were tried together and convicted together—(read—Convicted the 15th of July, 1845; Greenwood—confined six months; and White—three months)—the prisoners are the persons.
THOMAS KENDALL (police-constable S 69.) I produce a certificate of Greenwood's former conviction at this Court—(read—Convicted the 19th of Aug., 1844, and confined seven days)—the prisoner is the person.
GREENWOOD— GUILTY . Aged 17.
WHITE— GUILTY . Aged 17.
Transported for Ten Year.
HENRY WELCH . I live in Walworth-road, and am a medical student. I was in St. James's-park on the 26th of Feb.—I lost a pocket-book, which was in my coat pocket half an hour before I entered the park, and it was not in my pocket in the evening—this is it—it had this book in it, which has my writing.
book in her hand, and a handkerchief at the same time—she threw the book down, and I picked it up.
Prisoner. He is telling most abominable falsehoods; I never had the pocket-book in my hand. Witness. I am sure I saw her drop it.
GUILTY . Aged 17.—(See the former case).
HENRY ARTHUR . I was foreman to Mr. James Brown, a nurseryman at Hackney—the prisoner was in his service—he had 7s. a week—he left on Saturday, the 14th of March, the night on which he was taken—I have seen some pieces of brass-work—they are part of the brass-work that was on the garden-engine—the brass is worth about 5s.—the engine was worth about two guineas, but it is spoiled by breaking off this brass.
Prisoner. I saw a bag lying down by the root of a tree; I kicked it over and found these pieces of copper and brass in it; I took them home and kept them till Saturday to see if there were any inquiry about them; there were none, and I went to sell them; I took them to a rag-shop, and saw a policeman; he asked what I had got in my bag; I told him, and he took me into custody.
ROBERT JOHN SOUTHWELL (police-constable N 83.) On the night of the 14th of March I was on duty at Ball's Pond—I saw the prisoner with a bag—I asked what he had got—he said some pieces of brass which his father had given him to sell, and they had been in the house five or six years—I found this brass in the bag—I have compared it with the engine—there is the place where it was broken from the pump—it is partly copper and partly brass.
GUILTY . Aged 17.— Confined Four Months.
GUILTY. Aged 18.—Recommended to mercy. — Confined Two Months.
899. JOHN FREEMAN was indicted for stealing 1 coat, value 4l., the goods of Benjamin Zachariah Woolley: also, 1 coat, 1l. 10s., the goods of John Maitland Duncan; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Transported for Seven Years
GUILTY. Aged 20.—Recommended to mercy by the Prosecutor who engaged to get her employment.— Judgment Respited.
JOHN PRYCE . I live in Craven-yard, Drury-lane—the prisoner was a milk-carrier in my employ—he had 1l. a week wages—it was part of his duty to receive money for milk supplied—he generally accounted every night, or, at all events, on Saturday night—there was 7s. 11d. due on the 29th of Nov. from Davis, and 7d. due from Evans—he has never accounted to me for these sums.
Cross-examined by MR. CLARKSON. Q. Did you ever ask him for them? A. I asked him every night if any one had paid—I did not name the parties—I had separated from Mr. Stocker, and I was possessor of a milk-walk trade which the prisoner was to attend to, and a shop in the butter line—he was little in the shop—his wife principally attended, and he to the milk-walk—I did not find that he had been endeavouring to negotiate with Stocker about the milk-walk—I gave the prisoner in charge about the middle of March—I asked if he had received the money from Mrs. Davis, of Chapel-place—that was the 7s. 11d.—he said he had not received it—I do not know whether Mr. Stocker is here—we dissolved partnership some time ago—I have had no misunderstandings with him—since I apprehended the prisoner I have heard some of the men say that Stocker had been seeing the prisoner—I could not hear what it was about—I did not inquire.
Q. Was this deposition read over to you before you signed it? A. Yes, (looking at it)—I now recollect he said he hoped his master would forgive him, and he would pay him the money.
(The prisoner received a good character.)
GUILTY. Aged 32.—Recommended to mercy. — Confined One Month.
MR. DOANE conducted the Prosecution.
CHARLES BAILEY . I live at Great Berkhampstead, in Hertfordshire. I went to the bank at Hemel-Hempstead, on the 13th of Feb. and received there some 10l. and five 5l. notes, Nos. from 1343 to 1347—I paid away the 10l., and three of the 5l. notes—I came to town on the 24th of Feb.—I had then the two remaining 5l. notes, Nos. 1345 and 1346, safe in a purse in my right hand breeches pocket—I have been in the habit of putting up at a public-house in Villier's-street, but the house was full—I went to the bar of the house—I had my money safe then—I was then going into the Strand, and just as I got to the edge of the Strand, in three or four minutes after I left the public-house, I missed my money—there were a great many people passing, and some of whom might have got my money without my perceiving it—it was about half-past ten at night—I gave notice to the police, and to Messrs. Currie, in Cornhill, who are the agents of the Hemel-Heropstead bank—some days afterwards I saw the Hue and Cry, and in it there was a note, No. 1345, advertised as being found at Cambridge.
COURT. Q. Did you notice who were in the public-house? A. There were three men on my right hand side at the bar, as I was asking the landlord for a bed—nothing passed to draw the attention of the persons there—my conversation was to the landlord—I called for a small glass of gin and water, and put my hand into my pocket, and paid for it—I put my hand on my purse, and pushed it down further—I lost my purse, three sovereigns, and a half-sovereign, and the two notes, all went together.
JURY. Q. Do you think it likely that when you drew your hand out of your pocket you drew your purse out? A. No, I felt it safe, and put my hand outside to feel that it was there safe—it was in my possession when I left the house—I missed it the moment I gained the Strand.
JOHN EDWARD JONES . I am a clerk in the Hemel-Hempstead bank. I paid some 5l. notes to Mr. Bailey—the Nos. ran from 1345 to 1347—he came to we afterwards, and complained he had been robbed of Nos. 1345 and 1346—the notes are payable at Messrs. Currie's, No. 29, Cornhill—a person visiting London would find no difficulty in paying them away—they are not generally in circulation in London—this is one of the notes I paid Mr. Bailey—( looking at one.)
Cross-examined by MR. BALLANTINE. Q. There Is no difficulty in paying them in London? A. It is very common for country tradesmen to remit notes to London.
WILLIAM JAGGARD . I am inspector of the Cambridge Borough police. I took the prisoner into custody at Cambridge, on some charge, on the 3rd of March—he had on him this 5l. note and 1l. 4s. 6d.—he produced it when I first took him, but there being some hesitation as to whether he should be detained or not, he was left with some officers till I had seen the Mayor—the prisoner was then taken to the station, and he again produced all his money except this note—I asked him for it—he said I could not want that—he had the note in his possession two or three hours after I had seen it—the Magistrate made some order about the note going towards the prisoner's maintenance, and for that reason I gave the same note to Mr. Edis, the governor, on the 9th of March.
Cross-examined. Q. You inspected the note, and handed it to the prisoner back again? A. Yes—I do not think he had an opportunity of destroying it—I left him in custody of three officers.
CHARLES BURGESS GOFF (police-sergeant L 8.) I was in company with Mr. Jaggard on the 24th of March—I took the prisoner into custody at Walworth—I said to him, "You are taken for stealing some notes from a gentleman in the Strand, and the one found on you at Cambridge was one of the notes"—he said, "I think I can find the person I had it of"—the prisoner was then coming in a direction from his own house in Bronti-place, Walworth—I knew that he lived there previously—I had been there to make inquiries.
MR. BALLANTINE called
THOMAS SMITH . I live at No. 41, Vauxhall-street, Lambeth—I have carried on business there as a master butcher for thirteen months. On Friday, the 27th of Feb., I sold three pigs to a man in Smithfield-market—I do not know him—I sold them in open market to a pork-butcher, as I thought—they were fat pigs—I received for them a 5l. Hemel-Hempstead bank note, and a sovereign—I think it was between one and two o'clock—I had taken several notes on the same bank before—it is not unusual in Smithfield to be paid in country bank notes—the man did not put his name on the note—I believe there was no writing at all on it—I have known the prisoner as a working jeweller these seven months—he has occasionally dealt with me—he offered me a chain at Mr. Wright's public-house in the Walworth-road—I bought it of him for 3l. 10s.—I gave him the Hemel-Hempstead bank-note, and he gave me 30s. change—this is the chain round, my neck.
MR. DOANE. Q. How long have you lived in Vauxhall-road, as a master
butcher? A. Thirteen months—before that I kept a butcher's shop in Walworth-road—I keep live stock as well as dead—I go to Smithfield every week—I deal in sheep and beasts—every salesman in the market knows me—I have been in the habit of taking cattle, and sheep, and pigs there for twenty-two years—I think I had seen the man before that I sold these pigs to—I never dealt with him—I think I should know him again—he is a short stout man, and fresh-coloured—I did not hear that this Hemel-Hempstead bank note had been stolen, till last Tuesday morning—I did not give information to the police of the sort of man I received the note of—there was nobody present when I sold the pigs that I knew—we went to a public-house, and he paid me—I have taken a Hemel-Hempstead bank note before—I know they are payable in Cornhill—I do not know that I have ever been there—I can pay them at any banking-house in Smithfield—they take a country note of any person they know—I did not ask the man I took it of any questions—I did not know the prisoner when I lived in Walworth-road—I am not related to him—I know him as a customer—I sent meat from Vauxhall-road to Walworth-road—it is about a mile—I send meat to the prisoner about once a fortnight or three weeks—I never bought jewellery of him before—I have been to his house—he represented himself as a working-jeweller—he asked me in the public-house if I would buy this chain—I gave the value for it—I never asked him for one—he suggested it to me before the bar at Mr. Wright's—I think Mr. Wright's son served me.
COURT. Q. Were there any bidders for the chain except you? A. No, no one knew it—my purchase was not exhibited at the public-house—I put it into my pocket—I had not my watch on.
MR. DOANE. Q. Did you not display it? A. It did not want any display—I took his word that it was gold—I opened it to see the length of it—I do not believe I measured it—I bought it merely for my wife—the public-house is not three hundred yards from the prisoner's dwellings—I was going to his house to ask him for an order—I met him in the Walworth-road, and we went into this public house—I never got an order of him without I went—I might have been in Wright's half an hour, or not quite so long—being Saturday I did not like to be long from home.
MR. BALLANTINE. Q. You lived in Walworth-road, have you a great many old customers there? A. Yes, and the prisoner living there I called on him—I lived seven years in Walworth-road, and am known in the neighbourhood as a butcher—I was sent for by Mr. Games, in Kennington-lane, to come here—I did not know what he wanted—his clerk came to me—I had never seen him in my life before.
COURT. Q. What day did you buy this chain? On the 28th Feb., the day after I got the note—no one's attention was called to my accidentally dealing for this gold chain—I did not notice any one in the bar—I seldom or ever take the trouble to go to the bank with these notes—I lay out some hundreds a week in Smithfield—I believe this to be the same note—it resembles the one I had—there is no mark on it that I know of—I noticed when I took it that it was payable in Cornhill—I do not think I should have taken it had it not been payable in London.
JURY. Q. Is it your rule to take notes without putting any name on them? A. It is not, but I sometimes do—it did not strike me—I have taken some thousands of notes and never had any trouble with one before—I did not know that the prisoner was going to Cambridge when I bought the gold chain on the 28th—I know nothing of him only his being occasionally a customer, and seeing him at Mr. Wright's, in the Walworth-road, which is just opposite where I used to live.
NOT GUILTY .
903. HENRY BRABY was indicted for stealing 1 stick, value 1d., the goods of John Hoffman; and 1 copper, value 13s., the goods of Robert Mills, and fixed to a building. 2nd COUNT—Not stating it to be fixed; and that he had been before convicted of felony.
SAMUEL FREWING . I live in Winchester-street, Clerkenwell—I am a bricklayer—about eight o'clock in the morning of the 2nd March I missed a copper from a wash-house by the side of my cottage—I had seen it safe the night before—I have since seen the copper, and was present when it was fitted to the place where it was taken from—it is a wash-house for three of the cottages—it is the property of Robert Mills—there was a stick lost from the wash-house, which was the property of the next door neighbour, John Hoffman.
Cross-examined by MR. BALLANTINE. Q. How do you know the copper belonged to Robert Mills? A. I purchased it for him of Mr. Pontifex, and fixed it for Mr. Mills the same day.
ALEXANDER BUTTERS (police-constable N 280.) I stopped the prisoner in Wharf-road with this copper and stick in his posession—I saw him coming along the dark side of some houses—I collared him, and asked where he was going with the copper—he said he had found it, and was going to take it to the station-house—I told him he was going a contrary way—I took this stick from him, which is the washing stick—he threw the copper down at my feet—I took him, sprung my rattle, and got a person to take the copper to the station—I found on the prisoner a box of lucifer matches, and a pair of old scissors—this is the copper—I saw it fitted in the place—it fitted exactly.
THOMAS WITHERS (police-constable N 211.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 3rd April, 1843, and confined three months)—the prisoner is the person.
GUILTY .— Transported for Seven Years.
NEW COURT.—Friday, April 3rd, 1846.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 17.— Confined Two Months.
GUILTY. Aged 21.—Recommended to mercy. — Confined Two Months.
906. ARTHUR PHILLIP SMITH was indicted for stealing 2 bottles, value 2d.; 1 pint of wine, 2s. 6d.; 1 pint of brandy, 3s. 6d.; and 7 cigars, 1s.; the goods of Frederick Alder, his master; to which he pleaded
GUILTY. Aged 18.—Recommended to mercy. — Confined Three Weeks.
907. JOHN DUNBAR was indicted for stealing 1 bed-tick, value 3s.; 2 bell-ropes, 1s.; 1/4 of a yard of carpet, 6d.; 1/4 of a yard of damask, 6d.; 2 tossels, 1s.; and 14 rings, 6d.; the goods of Henry Levy, his master; to which he pleaded
GUILTY. Aged 35.—Recommended to mercy. — Confined Three Months .
GUILTY .* Aged 29.— Confined Six Months.
MESSRS. ELLIS and DOANE conducted the Prosecution.
AMY CHAMBERS . I am a widow, and keep a green-grocer's shop, in St. Mary-at-Hill. The prisoner came to my shop on the 5th of March for a pennyworth of onions, and gave me a half-crown in payment—I gave him in change two shillings and fivepence—he turned the two shillings about, put them to his mouth, took them away, and then told me that one was bad; he thought it looked pale, and he did not like to take it—I asked him to give it me back—I took it, and saw it was not a good one—I am positive that the two shillings I gave him were good—I told him I had no bad money—I am sure the shilling which he returned to me was not one of the two I had given him—I examined them when I gave them to him—I took the shilling which he returned to me, and gave him another, thinking he would come again—I wrapped it up, marked it, and put it away in a drawer—he was dressed as he is now, with a smock-frock and a coal-heaver's apron on—he came again on Saturday, the 7th—he then had on a south-wester—his face was dirty, and he had the appearance of a coal-heaver—I knew him again—he asked for a lemon—it came to 1d.—he gave me a half-crown—I gave him two good shillings—as I knew him, I examined my money before I gave it him—he acted very much as he did the first time—he gave me one shilling back—I took it, marked it, and put it away with the other—I am positive it was not one of the shillings I had given him—I gave him a good shilling, and he went away—I made an arrangement with my daughter Zillah, and marked two good shillings on the same day—the prisoner came again on the 20th of March—he was dressed then as on the first occasion—I knew him as soon as he entered the shop—he asked for a pennyworth of onions—he gave me half-a-crown—I gave him the two good shillings which I had marked—he drew them off the counter, one in one hand, and one in the other, and returned me one shilling while I was counting the coppers—he told me it was not a good one—I spoke to my daughter so that he could hear me—I gave her the half-crown, and told her to go to get change, as I had determined on with her before he came—she went out, and brought in an officer, who took the prisoner—I gave the officer the two bad shillings which I had received from him before, and the one he brought on the 20th.
ZILLAH CHAMBERS . I had some communication with my mother, and a signal had been agreed upon between us—on the 20th of March I was in a room adjoining the shop—the prisoner came and asked for a pennyworth of onions, which my mother gave him—he offered a half-crown—she put the two shillings on the counter—he drew them off with his two hands, and put the right hand one to his mouth—he took another shilling out of his mouth, gave it to my mother, and said it was a bad one—I went out to get change, and got the officer.
THOMAS LLOYD (City police-constable, No. 584.) I went into the shop, and received these three shillings from Mrs. Chambers—I took the prisoner to the station—as I was taking him to the Mansion-house, a man joined us who seemed to know him—they talked together, but I did not hear what was said—I saw the prisoner pass something out of his left hand into his companion's
right hand, who transferred it from his right hand to his left—I took hold of his hand, and found in it this marked shilling.
Prisoner's Defence. I had not been there before; I gave her a half-crown; she gave me two shillings; one shilling I did not like; I asked her to give me another; she looked, and said she had not one; she sent a boy out for change, not this girl, and he brought in a constable; he took me to the station, and stripped me, but found nothing; the young man came up to me who worked with me, and asked me if I wanted anything; I said, "No;" he was going away, and the policeman took something out of his hand.
GUILTY . Aged 21.— Confined One Year.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
SAMUEL CARTER . I am a gardener, and live at Stratford, in Essex—on the 14th of March I was in Covent-garden-market—I had some flower roots there for sale—Jane Chappell came and bargained for a dozen roots, which came to 3d.—she gave me a good half-crown, and I gave her two shillings and 3d. in coppers—I noticed the shillings I gave her—they were two old shillings, and I am sure they both had a man's head on them—when she received the money, she just turned her back to me, and I turned to speak to another woman—she then turned to me again, and said I had given her a bad shilling—I said I was confident I had not, for I had not a bad shilling about me—she persisted in her assertion, and showed me the shilling which she said I had given her—I took it from her—it was not one that I had given her—it was a Victoria shilling, and was not much worn—I gave her a good shilling in exchange, because she insisted that I gave it her—I kept the shilling that I exchanged for her apart from other money, till I gave it to Mr. Johnson—in about ten minutes Gadson came to me, and in consequence of what he said, I went with him to the police-station in Bow-street—I there found Johnson, to whom I gave the bad shilling—I found the two prisoners in custody.
Jane Chappell. You said you did not know you had a bad shilling, but you gave me another; I said, "I don't much like this shilling, it is so battered;" you said you were certain it was a good one. Witness. I knew it was not the shilling I gave you, but I changed it, and gave you one rather battered and worn.
THOMAS GADSON . I am a porter in Covent-garden-market—on the 14th of March I was there, about half-past eight in the morning—I saw the two prisoners standing together at the corner of Southampton-street, about three hundred yards from Mr. Carter's stand—I saw Susan Chappell give Jane Chappell something—Jane went to Mr. Carter's directly, and Susan went away to the corner of Tavistock-street—I followed, and saw her buy some flower roots, and give half-a-crown in payment—Mr. Carter gave her two shillings—she refused one of them, and he gave her another for the Queen Victoria shilling which she gave him back, and that was a worn one—she then went across to the corner of Tavistock-street, which is down Southampton-street, where Susan was—I went and told Moore—Susan Chappell was
not in view when I saw this transaction—the prisoners were taken into custody by Johnson and Moore.
RICHARD MOORE . I am a constable of Covent-garden-market—on the 14th of March, Gadson told me something—I called Johnson to assist me—we went to the corner of Tavistock-street—I found the two prisoners standing there—Jane had a piece of red paper, resembling this which I produce, in her hand, and passed it to Susan, who had a basket containing roots in her hand—I was not close enough to see whether the paper contained anything or not—I am known as a constable of the market—we wear plain dress the first thing in the morning, and I was in plain dress then—Susan Chappell saw me, and they then both crossed the road to go down Southampton-street—I followed them, and took hold of Susan's hand, in which she had the basket—she resisted very much, and tried to throw the flower roots down—in coming along, Jane said, "Throw the roots down, and let the b——take them up himself"—when we got to the station, I took the roots out of the basket, and found at the bottom of it this piece of red paper, with these four counterfeit shillings in it.
Jane Chappell. Q. Had not my daughter the flower roots in her lap? A. No; I took them out of the basket.
FREDERICK JOHN JOHNSON . I was called by Moore to assist him—I took Jane—I saw something pass from her to Susan, which she put either in her basket or her lap—it appeared to be a piece of red paper—I took three good shillings, of the reign of King George III, from Jane, and 1 1/2 d. and 1 1/4 d.—I received a bad shilling from Carter—Jane was taken in a cell to be searched—I stood at the door, and heard the woman in the cell say, "She has got something in her mouth"—Moore seized her throat, and she took a shilling out of her mouth with her right hand—I took it from her—this is it—it is a bad one.
Jane Chappell. I hope you will have mercy on me, for the sake of my family; my daughter is quite innocent.
(The prisoner received a good character.)
JANE CHAPPELL— GUILTY of uttering. — Confined Nine Months.
SUSAN CHAPPELL— NOT GUILTY .
MESSRS. ELLIS and BODKIN conducted the Prosecution.
CHARLOTTE STANFORD . I am servant to Mr. Cook, who keeps the London Apprentice, at Isleworth. On the 26th of Feb. I saw the two prisoners pass by my master's house in custody of a police-officer, about seven o'clock in the evening—about three o'clock that afternoon I had seen them together—they were standing still in Church-street talking to each other, nearly a mile from the Coach and Horses—I left them standing there.
MARY ANN HAMILTON . I live with my parents at Isleworth. On the 26th of Feb. I saw Brown at Mr. Stiles's, the Coach and Horses, between four and five o'clock—I saw her come out, go down Turk's-lane, and join Wilson on the bridge, which is three or four yards from the Coach and Horses—they went together straight down Turk's-lane—I heard some one say, "Stop them!" and I said to them, "You are wanted"—Mr. Stiles's servant
said, "This is a bad half-crown you gave my mistress"—Brown said, "I did not know I had a bad one"—Wilson said, "What did you have?"—Brown said, "A glass of gin"—Wilson said, "Take the bad half-crown and give her the change"—the policeman came up and said, "What is it about a half-crown?"—Wilson said, "It is all right; it is settled"—Brown put the half-crown into her mouth, and I saw it no more—I saw the piece of money—I was quite close—I saw Brown spit blood, and she was very black in the face in going up the lane.
Brown. When the servant came up and said it was a bad one, I put it inside my lips and gave the change; the officer came up and pinched my throat, to see if I had got it; you was in the middle of the road when the policeman came. Witness, No, I was close to you—the officer did not take your throat, he only put his fingers into your mouth.
Wilson, I was before Brown, and she called me back and asked me whether it was a good one or not. Witness. I did not hear her ask that—you walked both together.
SUSANNAH STILES . My husband keeps the Coach and Horses at Isleworth. On Thursday, the 26th of Feb., Brown came there between four and five o'clock in the afternoon—she asked for a glass of gin—it came to 2d.—she paid with a half-crown, which she brought out of a little purse—she had a basket in her hand—I gave her 2s. 4d. change, and she went away—after she was gone I suspected the half-crown—I showed it to my husband—I sent my servant after Brown—the policeman came just after—I told him, and he went after the prisoner.
SUSAN PEARCY . I am servant to Mrs. Stiles. On the 26th of Feb. my mistress gave me a bad half-crown—I ran after Brown, and found her with Wilson—I hallooed out, "Stop her!"—Hamilton was beyond them—I said to Brown, "You gave my mistress a bad half-crown"—she turned round and said she did not know she had a bad one—she said to Wilson, "Here, young man, what do you think of this half-crown?"—he said, "You had better take the bad half-crown and give the young woman the full change"—she put the half-crown into her mouth, and I did hot see it again—she gave me 2s. 3d.—I was there when the officer came up—he caught hold of her throat.
Brown, I said, "I shall go back with you;" you said, "Give me the change;" I gave you 2s., 3d., and before I gave you the remainder of the change the policeman came up; he took 3d. of me, and gave it your mistress; I put the half-crown into my month; I did not swallow it; I could not. Witness. You gave me 2s. 3d., and the policeman gave the 3d., to my mistress—you did not say you would go back with me.
ISAAC BALLARD (police-constable T 58.) In consequence of what was said to me by Mrs. Stiles, at the Coach and Horses, I went about 400 or 500 yards, and found the prisoner Brown in Turk's-lane—Susan Pearcy was there when I came up—I did not see Wilson—he was gone—I saw this purse in Brown's hand—she was in the act of giving Pearcy the change—I asked what she had done with the half-crown—Hamilton said Brown had put it into her mouth—I told her to put it out—she refused, and kept her mouth closed—I took her by the throat—I then took hold of both her hands, and brought her back to Mrs. Stiles's—I suppose she swallowed the half-crown—I did not see her do anything—I looked all round to see if she had dropped it—I could not find it—I am sure no half-crown came from her while I was there—on the road she spit blood—I told her several times she had swallowed the half-crown—she denied it—she was in the station about a quarter of an hour—she was searched there—the counterfeit half-crown was not found, and
no other counterfeit coin—she was then set at liberty—about half an hour after I saw her in the village, in the act of meeting Wilson—I was between them—Wilson had a pipe in his hand—he made a signal to Brown, and they went into the Swan public-house—I did not see Brown go into that house, but I saw her when she was in—they were in the tap-room together, in company, about an hour and a half, and came out together—Wilson went into a shop kept by Mr. Norton—Brown stood in a dark corner close by—Wilson came out in about three minutes, and they joined again—they then separated—Wilson went on first, and Brown followed—I saw them together again, in conversation, at the Coach and Horses, at the corner of Turk's-lane—they were standing still—it was then about twenty minutes past seven—it was getting dark—they moved away into Turk's-lane—I received information, and took Brown—Wilson was then going on up the road—Nash, a police-officer, followed Wilson—I handed Brown to another officer, and I followed Nash—I found Wilson in his custody—I saw Wilson drop something from his right hand—it appeared to me as if he had drawn his hand out of his right hand trowser's pocket—when it fell, I heard a jink—it sounded to me like mone—Wilson threw himself down on the ground—I secured him—at the station, after he was searched, he made a very great resistance—I saw the other constable pick something up where Wilson threw it down, and it was produced at the station—Wilson had then to be taken to Brentford station—he refused to walk, and made great resistance, and Brown also—we were obliged to have six or seven constables.
Wilson. You used me roughly, and told me to walk. Witness. You said you would not walk—we had no conveyance—we were obliged to carry you 300 yards, and then you consented to walk.
Brown. You handled me very improperly; I was very willing to be searched by any female. Witness. I and another constable searched her pocket—she had a blue rag in her bosom—we thought there was some counterfeit coin there—she was then searched by a female.
JOHN NASH (police-constable T 105.) I followed Wilson—he went about 100 yards, and turned back—I walked by the side of him—as soon as Ballard came up to assist me, Wilson put his right hand into his left waistcoat pocket, and threw something down—I heard it chink as it fell on the ground—I picked it up, and said I had got it—Wilson said, "B—you, you are all right"—it was these three counterfeit half-crowns, two of them wrapped in paper, and one loose.
Wilson. Q. Did you find them in my possession? A. I saw them drop; I saw you take them from your pocket—I saw you put your hand into your pocket, and drop something, and heard them jink as they fell—I picked them up on the exact spot—it was about ten minutes before seven o'clock.
Wilson's Defence. I have nothing to say; the things were never in my possession.
WILSON— GUILTY . Aged 35.— Confined Two Years.
BROWN— NOT GUILTY .
MESSRS. CLARKSON and BALDWIN conducted the Prosecution.
six o'clock as possible—I saw the prisoner there with a parcel—I noticed at the back of the parcel a place as if a direction had been torn off, and at the end there was a place torn open as if to examine the contents—this is the cover of the parcel—it is brown paper—it was from two to three feet long, and about eighteen inches in breadth and width—he was carrying it on his shoulder—I thought it looked suspicious and I followed him into a beer-shop in Artillery-lane—he had on a fustian shooting-jacket, a cap with a peak, and a white apron—I found him sitting there, and the parcel beside him—there was another man there, having the appearance of a carrier, and another, who I thought was a Jew—he got up and went out—I asked the prisoner where he brought the parcel from—he said, "From the railway station"—he did not say what railway—I asked him what he was going to do with it—he said to deliver it at Lart's in Wood-street, Cheapside—I noticed the place where apparently the direction had been, but it was torn off—this is part of the cover of the parcel—here is the hole, and under this hole was another paper—I asked if he had a delivery—book—he said he had, and drew one out from his pocket—it was in dirty covers, and looked like a carrier's book—I asked if be could show me the entry of this parcel—he opened the book and pretended to do so, and then said he had brought the wrong book—I said he must go to the station—he said he was very willing to go—as we were going out, I had the parcel, it was rather long and the passage was narrow, it stuck, and the prisoner broke from my grasp and ran away—I took the parcel to the station—the prisoner had put the book into his pocket again—the parcel was opened at the station in my presence, and contained this invoice and a note accompanying it, and fifteen small packages containing stockings, one of which I now produce—the goods answered to the invoice—it is an invoice from Lart's in Wood-street—it came from Glastonbury with a note stating that the parcel was returned—I saw the prisoner again on Thursday, 26th of March, sitting in a van of Messrs. Deacons', by the corner of Cheapside, just turning round by the General Post-office—he was not driving—I followed the van till it stopped in Aldersgate-street—he got out there and delivered a parcel at a house—as soon as he came out I laid hold of him, and said, "Young fellow, do you recollect escaping from me a few weeks ago?" he said, "Yes"—I said, "I shall take you to the station"—he said, "Where?"—I said, "To Moor-lane"—he asked what charge I had against him—I said, "For escaping from me when I had you on suspicion of stealing a parcel which was in your possession"—this was on the way to the station—he said, "You are mistaken"—I am convinced I am not mistaken—I can say positively I am not—he is the man I first saw—I found on him 2l. 6s. 5 3/4 d. in money, a pocket-book, and a book of the same appearance as the parcel delivery-book which he showed me before, but I cannot identify it.
Cross-examined by MR. BODKIN. Q. How far is it from where you first saw the man with the parcel, to the beer-shop? A. I cannot say exactly, perhaps about a hundred yards—I followed him there—I was in the house perhaps from two to three minutes—he delivered the parcel on the 26th March at Herring, Brothers, Aldersgate street—I had got but a very short distance from Herring's, just round the corner to Jewin-street, when he told me I was mistaken—it was almost immediately, and he added that he should be able to prove it was not him—he said he thought I was joking with him, and that he took me for the policeman who called him at two in the morning—it was about ten o'clock in the morning when I took him—I took him to the station—he was brought up three times and committed.
MR. CLARKSON. Q. You say this circumstance arrested your attention, did it induce you to look at the man carefully as he went along to the beer-shop?
A. I did sir, I kept him in sight the whole time till he turned into the beer-shop—I have no doubt or hesitation whatever about him—I feel convinced he is the man.
PIERRE MARQUAND . I carry on the business of a linen-draper at Glastonbury, in Somersetshire—I have lately dealt with the house of Lart and Co.—I received from them a parcel of stockings which I did not want—after examining them I caused them to be re-packed, and forwarded by railway to Wood-street, Cheapside, again—I turned the paper wrapper—this is it—here is my name on the inside, and on the outside I wrote Messrs. Lart and Son, Wood-street, Cheapside—I received an invoice—I believe this is it—this note is my writing—I pinned it to the invoice and enclosed it in the parcel—I cannot say on what day I caused the parcel to be re-packed and forwarded to Lart's again—it was in Feb.—it might be about a week after I received it.
WILLIAM NUTT . I am one of the porters of the Great Western Railway, stationed at Bristol. I received the parcels that came from the westward for London on the 11th of Feb., according to the ticking-off note—this is the ticking—off note, by which I know that I compared those parcels with the list that day—there was amongst them a parcel directed to Lart and Son—it was transmitted from Bristol to London on the same day, by the train that left at ten o'clock in the evening.
CHARLES MASSEY . I am the principal superintendent of the goods department at the Great Western Railway station at Paddington—it would be the duty of the clerks under me to receive and supervise such goods as came by the train both night and morning—a parcel which came at ten o'clock at night from Bristol would arrive at Paddington between seven and eight the next morning—I know nothing of the examination of the way-bill with the goods, till they are reported to me—there was a parcel reported to me on the 12th of Feb. directed to Lart and Son, Wood-street, Cheapside.
JOHN BARRINGER . I am in the service of the Great Western Railway Company, in the goods department at Paddington. There is a way-bill comes up with the goods—I check the goods by that way-bill, and did so on the morning of the 12th of Feb.—I checked the goods that came from Bristol by the night train—I missed a parcel for Lart and Son, Wood-street, Cheapside—I reported that to Mr. Massey.
COURT. Q. Who brings the goods to you to be checked? A. They go into the office, get the way-bill, and come to the weighing department and I check the goods as they come by the goods van—it was between two and three o'clock in the afternoon that I missed this parcel—I had not looked for it at seven or eight in the morning—the carriers go to the office to get the way-bill—the goods were consigned to Deacon and Co.—they applied for them, and then this parcel was missing.
CHARLBS MASSEY re-examined. Q. Deacon and Co. are not employed by the Railway? A. They collect and deliver their own goods—we carry for them—there was no application by them for the goods that came that morning, till between two and three o'clock in the afternoon, and then this was missing.
Cross-examined. Q. All you know is the parcel was missing when you were applied to for it? A. Yes—it might have been lost on the road.
MR. CLARKSON. Q. What sort of carriages are the goods packed in? A. Large trucks secured by iron binders and hoops, the top part covered by tarpaulins with arched roofs—there was no complaint that the luggage had been disarranged.
Pierre Marquand—these are the goods that were sent down in Jan., and should have come to us on the 12th of Feb.
MR. BODKIN called
EDMUND COST . I am a clerk in the employ of Messrs. Deacon, the carriers. Their premises are in Aldermanbury, near Cripplegate—the prisoner is confidentially employed as a porter in their establishment—I have been there six months—according to the course of business, we give such a sheet as this (looking at one) to the prisoner with a load, supposing he is going to the London and Birmingham Railway—this is the sheet that was prepared on the 12th of Feb.—I write on the list of things the name of the person by whom the goods go—I find to this list the name of Davey—I prepared this paper but I did not deliver it to the prisoner—I saw him there—I do not know what the practice is when the goods get to the station—I left about half-past three o'clock, to go to dinner—the goods had been weighed then, but were not put into the van—that would take about an hour or an hour and a half—it was nearly five when I returned—the van was then gone—I had seen the prisoner on the premises while the goods were being weighed—I had seen him in the course of the morning—it might be about ten or eleven o'clock—I saw him from time to time till I went to dinner, and I left him there when I went to dinner.
MR. CLARKSON. Q. What is your department? A. In the counting-house—I saw him in the yard between ten and eleven o'clock, and at three or a little after I did not see him.
COURT. Q. Did you put this name on this sheet on that day? A. Yes—it has been the rule always to put the name on the note—I went in the yard and asked the men who was going up with that load—they said Davey—he was in the habit of always going with the first load—I am not able to show that he did go, but he was the person to go—two men went with it, one who drove and one who took charge of the goods—I was not there when the load went—Davey is the man who always drives, and Paveling has charge of the goods—he goes every time—Burrows drives the van to the Great Western Railway—I do not know the man's name who has the charge of the goods to that railway—Mr. Paton is the clerk who makes out the paper for the men who go there—this paper is called a ticking-off note—the men who carry out the goods do not sign any book or paper, by which they are denoted as taking out the goods.
HENRY DUNMAN . I am clerk in the employ of Messrs. Deacon, the carriers—I have been in their employ twelve years—the prisoner has been porter there about ten years—his employers have placed confidence in him—I was at Messrs. Deacon's on the 12th of Feb.—I remember the van which was going to the London and Birmingham Railway leaving the yard—the prioner drove it, and William Paveling was behind as guard—the van left about half-past four o'clock in the afternoon—this is the sheet of paper referring to that load—it was given to the prisoner—when the van got to Camden-town it would be the duty of the two men who accompanied it to place it in our warehouse there, to leave this paper in the counting-house, and then to take the horses out and stable them—their day's work would then be done—they would have no occasion to return to our warehouse—the prisoner began work about four o'clock in the morning, and I saw him leave about half-past four in the afternoon—I had been on the premises in the former part of the day—the prisoner would first have to bring a load from the station at Camden-town to deliver the meat at Newgate-market—his next duty would be to deliver the rest of the goods of his load wherever they might be directed, and having
done that, to come to our place—the delivery of the meat and other parcels would occupy two or three hours—he was in the habit of coming to the yard in general after the delivery of the meat, about six o'clock—then he would start about ten to deliver the rest of his load, and he would be in the yard about twelve o'clock generally speaking—I saw him on that day about two o'clock—I cannot speak positively to seeing him again—I suppose he gets his dinner generally about twelve or one o'clock—I do not know where he lives—he would have no more duty to do after delivering his meat, and his goods but to get his dinner, and be prepared to go with the van in the afternoon—it is no part of his duty to load the van—he never had to go to the Great Western Railway at all to my knowledge.
MR. CLARKSON. Q. Is your duty in the yard or the counting-house? A. In the counting-house—the driver and those who have the charge are paid the same—I have described the prisoner's duty, but I did not see him do any of this.
COURT. Q. What time did the first van go to the Great Western Railway that morning? A. The Great Western van never goes till about eight o'clock in the evening, and remains there all night—the prisoner came every day to his work from the 12th of Feb. onwards—I never noticed him in any other dress than the one he has on, except a handkerchief or so—John Burrows went with the Great Western van on the night of the 11th of Feb.—he had the charge of the goods—I cannot say who drove it—I saw the prisoner start on the 12th, and gave him the bill—I gave the Great Western bill to Burrows on the night of the 11th—the man who drives might change with the man who has the charge of the goods sometimes—I particularly noticed who went to the Camden-town station on the 12th of Feb., in consequence of there being some boxes of sago in the van, and one of them leaked, and I gave the man directions to put some paper in—I know by our books that that was on the 12th of Feb.—here are seven chests of sago mentioned in this bill, and in one of them there was a waste—the van goes on the overnight and returns next morning—it goes to meet the luggage train.
Q. How soon was it that the attention of the establishment was called to this package at the Great Western station? A. On the same night, about six o'clock—our van did not arrive before—John Burrows came with the van and another man, but I cannot say who—we looked to Burrows, not to the other man—I made inquiries of Burrows about it, and he said he had not received it—I believe he has been in the employ about twenty-five years.
JOHN BLOOMER . I am in the employ of Messrs. Deacon—I entered their employ in 1835—I remember the 12th of Feb.—I was in the yard when the van left for the Camden-town station—I assisted in loading—the prisoner drove, and a man named Paveling went with him, about half-past four o'clock—I might have seen the prisoner in the yard ten minutes or a quarter of an hour before the van went—I do not know where he lived.
COURT. Q. Who went with the van the day before? A. Davey and Paveling—they were in the habit of going—the department I am in has no connection with the Great Western—there are none of the porters here who are connected with it—Burrows has a young man named Cook who goes with him at the present time—I cannot say whether the same man was with him in Feb.
JAMES DEACON . I am one of the firm of Deacon and Co.—the prisoner has been in our service nine or ten years—we placed confidence in him—he has attended to his work with great satisfaction—I do not know where he lives—I understand he is married—we have a man named Paveling in our
employ—it was the daily practice of him and the prisoner to go to the Birmingham station.
COURT. Q. Have you separate men for taking goods to the Camden-town station, and others who go to the Great Western? A. Yes—we have only one van a-day goes to the Great Western—Burrows goes with it as store-keeper—our van is required to be there at a given time—we take goods to the Great Western to be loaded, and the same men bring the goods back from there, and therefore they are there all night—I do not know the name of the porter who went with Burrows—the goods in question never came into our possession from the Great Western—so the company say—we consider ourselves responsible only for what we receive from the company.
MR. BODKIN. Q. Burrows, and some man you do not know the name of, were to go to the Great Western Railway; do you know enough to tell the Jury that it was certainly another man than Davey who went to the Great Western Railway? A. Yes—Davey, in the performance of his duty, would have no business at the Great Western Railway at all.
Q. Suppose the prisoner and Paveling left your yard with a load, to which of them would the load be entrusted? A. One of the two always carries the book, and is termed the book-keeper—it is in his name the bills are headed, and he is considered the more responsible man—the same man always carries the book—they sometimes change in the driving on their return from the station, but not in going there.
Q. The bill will announce the goods coming from the warehouse to the railway, and the book the goods that come back? A. Yes.
MR. CLARKSON. Q. You look to the Great Western Railway to be accountable for the loss of the parcel of stockings in question? A. Yes—I do not know who would be required to make it good if it were lost by one of our servants—the prisoner ought to have a delivery-book—I was at the office when the officer made his statement about the delivery-book—I have not made any inquiry to ascertain what has become of the prisoner's delivery-book—if he had been going to deliver any parcel from the railway, he would require his delivery-book—the man whose name is on the way-bill of the goods sent, is the man who was in charge of the goods, and the same man would have the book.
COURT. Q. How came your van, which had been there all night, not to bring away or apply for the goods arriving at eight o'clock that morning till three in the afternoon? A. I am not able to give an explanation.
COURT. to WILLIAM NEWNHAM. Q. Have you the book that was taken from the prisoner? A. Yes—this is it—I cannot say whether this is the one he showed me on the 12th of Feb.—I did not have it in my hand—it was about the same size and appearance as this—he said the parcel was not there, he had got the wrong book.
WILLIAM PAVELING . I am in the employ of Messrs. Deacons, the carriers, and have been so seven years and a half or eight years—I know the prioner very well—I forget the name of the street he lives in—it is to the right of Jewin-street—the house is No. 23—his wife lives there—on the 12th of Feb. I went up to the Camden-town station with a load—I left Messrs. Deacon's yard at half-past four o'clock—the prisoner went with me, and he carried the bill—I had been with him all day, from between three and four o'clock in the morning—we got to the Camden-town station about a quarter-past six o'clock—the van was put into the shed in the usual way, and the horses into the stable—it was about seven o'clock when we had done them—we then went to supper together at the Cricketers, in Wellington-street, Camden-town, at the corner of Grove-street—I staid there till a little after
eight or half-past eight o'clock—I left Davey there when I came away—he went with the van the whole way along with me—he put the van in the shed himself, and he went down to the stable with me.
MR. CLARKSON. Q. How far is it from Messrs. Deacons' to the Camden-town station? A. I cannot tell exactly—I think they count it about four miles—Davey drove the van, and I looked after the goods—Davey always drove up there when he was there—I have driven up since he has been away—I mostly drove down of a morning—I cannot tell who were at supper at the Cricketers that night—there were only two that I knew—Frazer, the pot-boy was one, the other was John Rogers—Rogers has been a carman—I cannot tell what he is now—he works up there at some work or other—those two persons are here—there might have been half a score of other persons there—I do not know the publican's name—we had our supper in the tap-room—we talked about reading a valentine.
Q. Did you tell the gentleman, when this case was first inquired into, that you got to the Cricketers between eight and nine o'clock? A. No, I said about seven—I came away between eight and nine—I was examined by a gentleman from the Great Western Railway on this subject, before I went before the Magistrate—he asked what time I went to the Cricketers—I swear I did not tell him between eight and nine—I told him I went there at seven, or a little after—I told him I left between eight and nine—I know Aldersgate-street—I have been to the prisoner's house—I never stopped there long together—I might have stopped to have my dinner, but not stopped there all day—I cannot recollect whether I was there on the 13th of Feb.—I do not know whether I went on the 14th—I shall not swear anything about it, because I do not know whether I did or not—the 12th of Feb. was on Thursday—I was not at the prisoner's house on that evening after I left the public-house—I went home, and went to bed, at where I lodge, No. 11, Wellington-street, Camden-town—the Cricketers is mostly where we go to supper together—the prisoner did lodge with Thompson, but he left that lodging—I forget the street where he lives now—I saw him the day after the 12th of Feb.—we went together with the van that day to the Camden-town station in the afternoon—he had the delivery-book—it was his duty to deliver the goods that day—he came down from Camden-town station in the morning—he took his meat and delivered it, and then his other goods—we had some goods—I cannot tell whether we had many—I cannot recollect where I went to—that is not a fair question—I recollect, on the 12th, about the man having valentines, before the 14th, and reading them—we were reading the valentines two or three nights—the 12th was one—almost all the week we were reading them—we generally go to the Cricketers to supper—I do not know Artillery-lane—I know Sun-street, Bishopsgate—I have not been there a long while—I never was in the beer-shop in Artillery-lane in my life that I know of—I cannot swear about it—if I want half-a-pint of beer I go in—we went straight on our road from Mr. Deacon's to the Camden-town station—we met a good many people—I do not know that I met any one I knew—we put the goods into the shed at the station—there is nobody there at that time of night—the goods were all gone and done before the next morning, and we had another load back—the prisoner mostly wears a sealskin cap with a front to it, and a fustian jacket—I wear a willy—I do not know that I know where Artillery-lane is—I might have been there—it is a week yesterday since I first heard of this parcel at the Great Western Railway—I never heard of the loss of it—I went before the Magistrate from Mr. Deacon's yard, with Mr. Bradstock and a man named Bloomer—they took the prisoner up about a parcel.
CHARLES FRAZER . I am potman at the Cricketers, and have been there nine years. The prisoner and Paveling have been in the habit of coming to my master's house—the prisoner did lodge at No. 11, Wellington-street, and Paveling lived there too—I remember on the 12th of Feb. they came to my master's, about a quarter before seven o'clock—they had two pints of porter, and a slice of bread and cheese—I attended upon them till seven o'clock—I then went out, and was out half an hour or three quarters—when I came back I did not go into the tap-room—I saw them again—I did not notice either of them go away that night—I noticed Davey was asleep in the tap-room, just after he had his bread and cheese—that was before I went out with my beer—he was very tired—I left him there asleep.
MR. CLARKSON. Q. Were you examined before the Magistrate? A. I was at Guildhall—I did not state that the prisoner came to the public-house at half-past eight o'clock, or thereabouts, and left at half-past nine—I said that different parties came in at that time—I did not state to Mr. Massey, or in his hearing, at Camden-town, that the prisoner came into the public-house at half-past eight, or thereabouts—I said he was in the habit of coming sometimes, but not always—sometimes a quarter before seven, and sometimes at eight or nine—I did not say that I saw him for the first time about half-past eight, nor anything to that effect—Mr. Massey was not called to contradict the statement which I there uttered—I went out with my beer a little before seven o'clock—I returned five minutes after—I went out again, and returned about eight—I then found the prisoner asleep—I cannot answer how long he remained asleep—I was not in the tap-room all along—I cannot say what time he quitted—he did not sleep there that night.
JURY. Q. How do you know this was on the 12th of Feb.? A. I looked at the Advertiser paper, which my master takes in, shortly afterwards—I had two valentines sent me that morning, and one in the afternoon.
COURT. Q. Did you see anything of Paveling that night? A. Yes—he went to sleep—I have not the valentines here—they were not fit to show the public—I destroyed one that night, and the others the next night—the prisoner was there on the 13th, that was when I destioyed the last of the valentines—he was not there on the 14th—he was on the 11th, but I cannot inform you what time—I remember the 12th, because I took particular notice—I had two valentines sent—they all came in laughing, and I thought it might be one of them—Paveling said, "Have you had a valentine?"—I said "I have had two, I shall find you out, and when I do, perhaps I shall send you one"—I am still in my employ at the Cricketers.
JOHN ROGERS . I am an excavator, and work in the neighbourhood of the Birmingham Railway. I remember being at the Cricketers on the 12th of Feb.—I went there at three o'clock that afternoon—I staid till eleven at night—I remained in the tap-room all the time—I saw the prisoner come there that evening about seven—Paveling came with him—I have seen them before—they remained in the tap-room several hours—Paveling went away first—to the best of my recollection the prisoner was there when I left about eleven at night—I did not see him go out all that time.
MR. CLARKSON. Q. From three o'clock till eleven, you never left the tap-room? A. No—I was sitting there, sometimes drinking—the prisoner and Paveling were sitting there—I do not know what they talked about—I was not sitting next to them—I sat by myself in the same room—not many yards from them—I do not know how many persons were in the tap-room—I do not recollect whether either of them were tipsy, nor whether either the prisoner or Paveling were asleep—they were drinking porter and eating bread
and cheese—I did not see them hare anything else—I came down here alone—I have not been at work to-day—I worked for Mr. Taylor, the pavior, last Tuesday—I work for him when I can get a job—I live in Ferdinand-street, Camden-town—I saw the potman in the public-house when I went at three o'clock—he was in and out all the evening—I left him there at eleven—I cannot say what the talk was about in the public-house—some of them quizzed the pot-man—he had a valentine in his hand—he said he had it sent to him—he showed it to them, and after that he put it over the fire-place—I cannot say what time that was—I left at eleven—the valentine was not on the mantel-piece when I left—it was burnt—I did not have the valentine in my hand—I do not know whether the publican saw it—his name is Eagle—I cannot say how many people were in the tap-room—sometimes there were a good many—I was there on the 13th—I did not see another valentine then.
JAMES GARRATTY (City police-constable, No, 149.) I have been in the habit for some time of calling up Davey at two o'clock in the morning, at No. 23, Redcross-square—Newnham is in the same force as I am, and wears the same dress—he belongs to the district of Moor-lane, that is the adjoining beat to us—Redcross-square is near Jewin-street—I live in Barbican—when I have called the prisoner up, I have rung the bell, and been answered from the window—he sometimes sleeps at Camden-town, and then his wife has answered me, and said he was not at home—I have called him for eight or nine weeks—I cannot recollect that I called him on the 12th of Feb.—I never saw the officer Newnham till to-day, to my knowledge—I have not spoken to the prisoner half a dozen times—his wife told me to call him, and she paid me—I am on night duty.
JURY to WILLIAM NEWNHAM. Q. Did you notice that Deacon's name was on the van? A. I noticed the prisoner riding in the van before I noticed the name—I have not had an opportunity of seeing all the men in Messrs. Deacon's employ—I have not seen any like the prisoner—I believe Paveling was the other man who was in the cart.
NOT GUILTY .
WILLIAM GUNSTON . I keep a cheesemonger's shop in Exmouth-street—the prisoner was in my service nearly four months. On the 9th of March I sent for inspector Penny—he asked the prisoner if she had any objection to her box being searched—she said, "None"—I, and my wife, and the inspector, went to her room—she unlocked her large box, and took out a sheet—Mr. Penny asked her whose it was—she said, "That belongs to my mistress"—she then brought up some more sheets, and said, "They belong to my mistress"—she owned to all the things, and there were marks on them—I told her I was very sorry for it, that I felt more than she did—she begged for mercy—I told her it was no use—I have men-servants.
WILLIAM PENNY . I am inspector of the G division of police. I was called by Mr. Gunston—the prisoner offered no objection to have her boxes searched—when I went up into her bed-room there was one box unlocked—she pulled the articles out of there, and then pulled the keys out of her pocket, and unlocked the other box—she took out this sheet, and said it was Mr. Gunston's and then another, till she came to a fourth sheet, and said, "That is yours"—she then came to a brown holland apron—Mrs. Gunston said, "Whose is this?"—she said, "This is yours, Ma'am"—it was quite clean and folded—I
searched the bed, and under her pillow I found a clean night-gown—she then burst out crying, went on her knees, and commenced begging for mercy, saying it was her first offence.
WILLIAM GUNSTON re-examined. My wife generally gives the sheets out, but she had been ill—the bed-linen is locked up—the prisoner's box was not a proper place to keep them for our use—she was about leaving the service—her time was up a day or two before, but we had not got a servant, and so she stopped.
Prisoner. The key of the box was in it, and had not been removed.
Prisoner. I used to have the airing of the linen, taking it out, and placing it on the bed; it was out on the Sunday evening, and my box was open then, and this occurred on Monday; had my mistress suspected me, she would not have given me a character, which she had done the week before when my time was up, but my mistress not being suited with a servant, she said I might as well stay another week.
WILLIAM GUNSTON re-examined. When the prisoner wanted sheets she asked for them of her mistress—when they came from the wash she had them to take in the kitchen to air—they might have been put in her box when they came from the wash, and not taken out of our drawers—she was going the next day.
NOT GUILTY .
THIRD COURT.—Saturday, April 4th, 1846.
Jury, before Edward Bullock, Esq.
WILLIAM FREDERICK FRIPP . I live in Rochester-row, St. John's, Westminster—on Saturday night, the 14th March, about eleven o'clock, I was at supper in a room adjoining my shop—I heard a noise in the shop, went out, and saw the prisoner crossing the road, from the shop, towards Allen-street, with the looking-glass in his hand—I missed a glass, and went after him—I had seen the glass safe from a quarter to half an hour before—I pursued the prisoner along Vincent-square and Alfred-street—I kept him in sight till we got into the Vauxhall-road, and in turning the corner I missed him—there was nobody in the street—I turned round and saw him in the door-way of a house in Alfred-street, and secured him—he said, "Oh don't, pray don't," or words to that effect—I found the glass produced in a butcher's shop at the corner of Alfred-street—it is mine, and the one he was going away with.
Prisoner. Q. How far were you from me when you saw me cross the road? A. I was in the shop—I pursued you directly.
JURY. Q. Was he near the butcher's shop at the time you missed sight of him? A. No, he turned round the street—the butcher's shop is at the corner—I did not see him leave the glass at the shop—he put it down and the butcher took it up—I am sure he is the person I saw with the glass under his arm—the glass was outside the shop.
Prisoner's Defence. I had been on an errand; heard a cry of stop thief; I ran, the same as others.
GUILTY . Aged 19.— Confined Twelve Months.
CHARLES HUNT . I am delivery-clerk to Mr. James Scott Smith, distiller, of Whitechapel—I cannot say how many other partners there are—there is nobody here that knows anything about the firm—there is nobody else here from them.
NOT GUILTY .
GEORGE ANDERSON . I am a baker, and live at St. Pancras—the prisoner was my apprentice—on the 23rd March he took out fifteen loaves—he ought to pay me the money when he came home—he came home about seven in the evening—brought back three loaves—he said he had not left any bread at Wink-worth's, and had not taken any money.
GUILTY . Aged 15.— Confined Two Months.
HENRY WHARTON . I am a porter in the employment of Joseph Crooks, a tailor, of No. 143, Regent-street—on the 28th March, about half-past eight in the morning, I was taking the shutters down, and saw the prisoner walk from the lobby of the shop with a piece of woollen cloth under his arm—I am positive it was him—I did not know him before—this is the cloth (looking at it) it is the property of Joseph Crooks, and was behind the counter—I followed the prisoner, took him by the skirts of his coat, and he dropped it directly—I had a scuffle with him, and after a few minutes he made his escape—I pursued and halloed out—he was brought back in custody of a policeman—I am sure he is the same person.
Prisoner. Q. Did you get a distinct view of the person's face? A. I did—I swear I saw his face distinctly—you are the person.
JAMES BILLETT (police-constable—100.) On the 28th of March, about half-past eight o'clock, I was on duty, and heard a cry of "Stop thief"—I saw the prisoner running very hard with a crowd of people after him—I stopped him and took him to the station.
Prisoner's Defence. I saw a person running, and ran after him down Burlington-street—he got into Conduit-street, and then some people stopped me and said I was the person—I said I was not—some people came up and said, "Let
him go"—they instantly let me go—I saw where the person went and ran after him, and they stopped me.
GUILTY . Aged 21.— Confined Twelve Months.
JEREMIAH GREEN (police-constable K 268.) On Monday afternoon, the 16th of March, I saw the prisoner and two other boys in Kirby-street, Poplar—the prisoner had got a bag on his shoulder—I asked what he had got there—he threw the bag down, and they all ran away—I pursued and caught him—the bag remained where it was—I asked him what was in it—he said only a few chips—I examined it, and found it was lead, which I now produce—I asked where he got the lead—he said the two boys asked him to carry the bag—I took him to the station.
HENRY M'GUADE . I am foreman to Mr. William Papineau, of Albion-wharf, Old Ford. I have examined this lead—to the best of my knowledge, it is my master's—I know it by the holes bored in the bottom of it—I bored them myself because the suction of the pump threw the mud into it—it was at Albion-wharf, Old Ford, in the river Lee, adjoining my master's premises—it goes through the wall of the premises into the river—there was lead gone from that place—it was fixed to my master's premises.
Prisoner's Defence. Two boys asked me to carry it; I said, "I do not mind carrying it as far as the Sailors' Home."
GUILTY on the 2nd Count only. Aged 16.— Confined Four Months.
WILLIAM SIMMONS (Thames-policeman.) On the morning of the 1st of April I saw the two prisoners, one in a barge and one on shore at the Tunnel-wharf—I afterwards saw Swan get into the barge Kate, which was laden with coals—he took a piece of coal out and hove it on shore—Bryant was on the shore putting mud over the coal—Swan jumped down from the barge and I ran after him—they ran away together—Ware stopped Swan and I stopped Bryant—he had some coal in a kettle in his hand—Ware picked up the piece of coal that he threw from the barge—I saw them in company—the Kate belongs to Irving and Brown.
NATHANIEL ALIFF . I am coal weigher at this wharf. I saw the prisoner Swan take a piece of coal, and throw it on the shore—Bryant had some coals in a kettle—I did not see where he got those coals from—he ran away.
SWAN— GUILTY .— Confined Eight Days and Whipped.
BRYANT— NOT GUILTY .
921. ANN ELIZA PATTMAN was indicted for stealing 1 quilt, value 18s.; 1 blanket, 10s.; 2 sheets, 10s.; 1 table-cloth, 1l.; 10s.; 1 pillow-case, 1s.; and 1 bed-gown, 2s. 6d.; the goods of Augustus Radcliffe, her master; and LETTY COPELAND , for feloniously receiving 1 quilt and 1 bed-gown, part of the same, well knowing them to be stolen.
AUGUSTUS RADCLIFFE . I live in St. John-street-road. The prisoner Pattman has been in my service from about the 5th or 6th of Nov.—I did not know the other prisoner until the day she was taken—I have seen the sheets, blankets, and the quilt now produced—I know them—I have identified them at the office—I do not know when the things were safe, because they have been taken at different times—I did not miss them till Monday, the 16th of March—on Monday, the 16th, I had been to the City—I came home and found the prisoner had absconded—I had left her at home in the morning—I missed three blankets off our bed—we have missed eight altogether—I gave information to the police, and next day I found the prisoner Pattman in custody at the station at Blackwall—the constable told me in her presence that she had confessed to taking several articles—she then said she had only taken some articles—she said she would get them out if I would let her—I said I had been so much robbed I could not look over it—on giving a list of the articles I had lost, she said she had taken no more than the blanket, quilt, and a pair of sheets—I asked her for the tickets—she said if I would forgive her she would get them out—I said I would not—I took down in my pocket-book where she had pledged them, and in consequence of what she said I went to Mr. Sharwood's and found one blanket, a pair of sheets, and a table-cloth wrapped up in a cotton pillow-case, pledged for 10s.—at Waters' I found a quilt pledged for 5s.—I had told Pattman all along I would not forgive her—I particularly said, "I hold out nothing to you, I will prosecute you to the utmost"—she said she had not pledged the blanket—on Tuesday, the 17th, I was near the policeman when Copeland was apprehended at an apple stall opposite Saddler's Wells gate—I asked if she knew Ann Pattman—she said she did—I said, "You have a quilt in your possession"—she said she had, and that Ann Pattman gave it her—I gave her into custody—she said she had a ticket of a blanket which Ann Pattman had given her.
Pattman. I did not pledge it.
THOMAS SHARWOOD . I am in the service of Samuel Sharwood—I produce a table-cloth, pawned on the 16th of Feb., and a blanket and pair of sheets, on the 13th of March—I believe William Wright was the person who pawned them—I gave him a duplicate.
WILLIAM WRIGHT . I took a table-cloth to get a sheet which I had pawned beforehand, out of pawn—I had to get it out with that table-cloth—I have not the least knowledge whatever of pawning any blanket or pair of sheets—I did pawn the table-cloth at Sharwood's.
CHARLES WYKES . I took Pattman into custody on the 17th—I told her it was for robbing her situation of some bed-clothes—she said she had taken a pair of sheets, one blanket, and a quilt, and had pawned them—she did not say where.
HENRY THOMAS JACKMAN (police-constable G 192.) The prisoner Copeland was given into my custody—the charge was mentioned to her—she said she knew nothing of it—she afterwards said, "I had a quilt, but returned it again to the servant"—on the road to the station she said, "I have got a blanket, and that is all I have got; I took it with Pattman's permission"—afterwards she said she had a bed-gown.
Copeland. The bed-gown was given to me to make the money up.
EDITH CLARK . I am searcher at the police-station—I searched Copeland, and found two duplicates, one for a bed-gown and one for a blanket—she said the servant had given her the bed-gown, because she wanted to make her mistress a pudding, and had spent the money her mistress had given her.
Pattman's Defence. I did not intend to steal them; I intended to bring them back when I received my quarter's money.
Copeland's Defence. I had the quilt, and returned it; Pattman lent me the blanket for something that she owed me; I know nothing about the other things.
PATTMAN— GUILTY . Aged 37.
COPELAND— GUILTY . Aged 53.
Confined Six Months.
GEORGE SPILL . I am a manufacturer of sailors' clothing—the prisoner was in my service—on Monday, the 20th of March, I missed some flannel—on the 21st I told the prisoner of it—she denied all knowledge of it—I found nine pieces of flannel pledged at Mr. Salford's, the pawnbrokers, on the 7th of Feb.—I know them by the class of goods—there are very few persons in London who make use of such flannel—I found two pieces of the same set at Mr. Cording's—the flannel was cut in pieces previous to its being taken away I believe—here is one piece, found at Mr. Annia's—I know that too—it is all off one piece—the prisoner left on the 20th, and on the 21st I saw her, and asked her about it—I found the goods on Tuesday, and gave her in charge.
BENJAMIN POOL . I am shopman to Mr. Salford, a pawnbroker, in St. George's-street—these pieces of flannel were pledged by the prisoner—I have known her for the last six or eight months, and have taken pledges several times of her for her master.
GUILTY. Aged 52.—Recommended to mercy by the Prosecutor. — Confined Three Months.
MR. MELLOR conducted the Prosecution
JOHN PRICE . I am a cow-keeper and dairy-man, carrying on business in Crown-court, Drury-lane—the prisoner was in my service as a milk-carrier—I paid him 19s. a-week—it was part of his duty to receive money from my customers—it was his duty to pay me the money he received during the week every Saturday night—I do not know whether he kept a book of his receipts—he was in the habit of telling me what money he had received, and of paying it to me—I had formerly a partner, Mr. Sockett—it is twelve months since I was in partnership—I advanced money to the prisoner on the security of a milk-walk—I have some duplicates which he wished me to advance money on—I would not do so until I was satisfied they were come by fairly—I held them for money that was intended to be advanced, if I liked the duplicates—I entered into no particular agreement with regard to them—after I had satisfied myself I was to make a bargain if I chose—the prisoner was not satisfied himself that they were all right—he said he had them given
him by a relative—if I found they were honestly come by, I might or I might not have advanced the money—I recollect the 21st of Feb. last—it was Saturday according to my ledger—I entered all the sums paid by him on that day in this book, at the time he paid me—I have them here in my handwriting—there is not a sum of 1s. 9d. paid me on the 21st of Feb. last from Mrs. Cecilia Clarissa Hayes—I did not receive that money—there is no entry of 1s. 9d. on the 14th of March—the prisoner did not pay me that—there is no payment of 8s. 10d., entered on the 10th of Jan. from Harriet Cleale—he did not pay me that sum—I taxed him with not having paid these amounts—he said he had not received them—the sum on the 10th of Jan. is in the name of Mrs. Flower—she is the servant—there was a sum of 4s. 6d. paid by the same party, on the 4th of Jan.—he denied having received that.
Cross-examined by MR. WILDE. Q. What were the terms on which he entered your service? A. As a weekly servant—he was to sell my milk during the whole week, and to account to me on the Saturday for what he had sold—I took the account from his mouth—I believe he had it on paper sometimes—he could write—I had about twelve or fourteen persons on my books—what were not on my books he paid me for—I did a considerable trade—the prisoner was entitled to a milk-walk of his own in the Blackfriars-road—I entered into an arrangement to possess myself of any interest he might have in that walk—I advanced him 8l. I believe it was, on it—I had no receipt—there was an agreement—the prisoner has it—I have a copy of it (produced)—I do not think there was anybody by when I advanced the 8l—it was in my house—the amount I gave is on that paper—I have advanced the 8l.—I took no receipt more than that agreement—I do not know that he has been dissatisfied about this 8l. ever since he has been in my service—he knew he could have possession of his walk when the 8l. was paid me—I have had a subsequent arrangement with him, and gave him 19s. per week, he and his son—I was to have the services of both for 19s. a week—the arrangement was made in June or July last—the date is on that memorandum.
MR. MELLOR. Q. How old is the son? A. A little boy ten or twelve years old—his services are not very valuable—the ledger entry is written at the time it bears date—the sums are entered each week, the months are entered at the top of the book—I had the duplicates a few days before giving him into custody—I had paid up all his wages when he wanted me to advance money on them—I do not remember the day—he had asked me to advance money on the duplicates on the previous day—he put them down and said, "Here are the duplicates"—I believe there were eleven or twelve—I kept them to make inquiries—I wrote to Mr. Edwards, of Bath, to know whether the tickets were genuine, because the prisoner did not know—Mr. Edwards was not at Bath, and I did not apply any more—I kept them—he had milk to sell on his own account—he paid me the wholesale price—he had customers of his own, but only at the shop—his wife used to sell milk there with my sanction—when I dissolved with Mr. Sockett I did not enter into an arrangement that I was bound by a penalty not to supply customers on the Southwark side—there was no arrangement in writing.
MR. WILDE. Q. Were you in the habit of supplying customers on the Southwark side after you dissolved? A. I did for a time, until Pall came into possession of his walk—I was entitled to a walk on the Southwark side until the prisoner redeemed it—he did redeem it, and Mr. Sockett signed a document not to go over there—Mrs. Hayes is not on the Southwark side, she lives in Farringdon-street, and had nothing to do with the prisoner's walk—Mrs. Flower lives on the other side in Surrey—Mrs. Cleale is servant to Mrs.
Flower—I hold the document in my hand which shows when the walk was redeemed, it is signed by Sockett—I had some pails of the prisoner's when I gave him into custody—I should say the value of them is about 30s.—I cannot recollect that I said anything to Mr. Sockett about the duplicates and the pails—I may have told him that I had duplicates in my possession—I cannot recollect saying they were valuable.
MR. MELLOR. Q. These duplicates were put into your hands long after the alleged embezzlement had taken place? A. Yes, a short time ago—the prisoner was in my service when I was in partnership with Mr. Sockett—I knew the quantity of milk the prisoner took out, and the number of customers, and I received money corresponding with the quantity he took out—if he had disliked the engagement he could have got out of my employment by giving me notice.
COURT. Q. When was your partnership with Mr. Sockett put an end to?
A. In May, 1845—the prisoner was in the service of both of us, previous to the dissolution—he pledged his milk-walk for 8l.—it was a mortgage of a milk-walk—if he paid the 8l. the milk-walk went back to him—I had the use of the milk-walk—he was to serve me in it.
CECILIA CLARISSA HAYES . I am the wife of William Smithson Hayes, of Farringdon-street, City. Mr. Price supplied me with milk—on the 21st of Feb. I paid the prisoner 1s. 9d. for milk—I have the bil—I also paid him 1s. 9d. for milk on the 14th of March.
HARRIET CLEALE . I am servant to Mr. Flower, of Lambeth. I produce a bill I received from the prisoner on the 10th of Jan.—the amount is 8s. 9d. which I paid him—there is another sum of 4s. 6d., which I paid on the 24th of Jan.
NOT GUILTY .
NOT GUILTY .
NEW COURT.—Saturday, April 4th, 1846.
Sixth Jury, before Mr. Common Sergeant.
925. ROBERT MOORE was indicted for stealing 1 pewter pot, value 2s., the goods of George Cook; I pewter pot, 1s., the goods of Thomas Harwood; and 2 pewter pots, 2s., the goods of James Mann; and that he had been twice convicted of felony;to which he pleaded
GUILTY .— Transported for Seven Years.
GUILTY.—Recommended to mercy. — Confined Three Months.
927. REUBEN BIRD and ELLEN BIRD were indicted for stealing 2 blankets, value 7s. 6d.; 3 sheets, 15s.; 2 table-cloths, 3s.; 1 bolster, 3s.: 6 pillows, 12s.; and 2 flat-irons, 1s. 6d.; the goods of Reuben Carter; and that Ellen Bird had been before convicted of felony.
ELIZABETH CARTER . I am the wife of Reuben Carter—we live in Palmer's-buildings, Westminster. The prisoner lodged with me in a ready-furnished room—about seven or eight o'clock, on the 25th of Feb., I observed some feathers about—I went to the police-sergeant, who lives just below me—I asked him to come and go up stairs to the prisoners' room with me—the feathers were about the bedstead—I found Ellen Bird had cut the bed up, and pawned the rest of the things—I asked her what she cut the bed up for—she asked me to forgive her—I gave her in charge—I missed two blankets, three sheets, a bolster, two table-cloths, and the flat-irons—these now produced are them—they are mine—Reuben Bird was out at work all day, and Ellen Bird was at home.
Cross-examined by MR. PARRY. Q. There was furniture, such as chairs and tables, in the room? A. Yes—I do not think Reuben Bird had anything to do with it—Ellen had filled the bed up with rags and stockings, and taken the feathers out.
REUBEN BIRD— NOT GUILTY .
ELLEN BIRD— GUILTY . Aged 22.— Transported for Seven Years.
JAMES TILYER . I am a farmer, and live at Harmondsworth—I have one partner. The prisoners were in our employ—when they go to London with their cart I allow them a truss and a half of hay for their horses, but no corn—the mixture of oats and beans produced corresponds exactly with my oats and beans—I have no doubt they are mine.
Cross-examined by MR. O'BRIEN. Q. I believe your nephew takes a considerable part in managing your affairs? A. He does not take an active part in giving orders, unless he is ordered by his father or by me—he sometimes gives directions to the men—he is not here—May has worked for me several years.
WILLIAM ENGLAND (police-constable T 170.) I was on duty on the 31st of March—I saw May bring a horse drawing a cart from the prosecutor's premises into the high-road, and Gray brought two horses out of another entrance round to the cart—they put the two horses to the other in the cart; and then May went into the yard, brought a bundle of hay out, and gave it to Gray—they went on the road—I stopped them, and asked what they had got—May said, "A load of straw"—I said, "What else?"—he said, "A truss and a half of hay"—I said, "What is this hay?"—he said, "I took that bit for the horses up the lane"—I asked if he had got anything else—he said, "No, nothing else"—I called my brother officer to search the cart—he found there oats and beans—there were 15lbs. of hay beside the truss and a half.
WILLIAM DANIEL MITCHELL, (police-constable T 167.) I searched the cart, and found about a bushel and a half of oats and beans, in a sack between the first and second layer of trusses on the cart—both the prisoners were with the cart.
HENRY WEBSTER . I am carter to the prosecutor. I helped to load this cart with straw—I did not put any corn and beans between any of the trusses, nothing but two loads of straw—there was no business for this corn to be there.
Cross-examined. Q. There was another man loading the trusses with you? A. Yes, William Beeson—he is not here.
COURT. Q. Did you see Beeson do anything of this sort? A. No—he was not on the cart when I put the top layer on—he got down to bind—he has not run away.
NOT GUILTY .
ELIZABETH HILL . I am the wife of Joseph Hill—we live in Whitechapel. The prisoner was at work for my husband—I was present when my husband gave him a quantity of barrels on the 26th of March—he ought to have brought back 6l. 17s. 8d.,—he went away with the barrels in a van—I did not see him again till the officer found him—if he had received any money he ought to have brought it to us.
JOHN RICHARDSON . The prisoner came to me on the 25th of March, soliciting me to take some barrels—he came twice—I took them on the 26th, and paid him 5l.—he has worked for me and my brothers for some time, on his own account.
Prisoner's Defence, My master asked me to make the best market I could for the barrels; I received 5l.; a person I used to work with, asked me to go and have something to drink, and I did; I then found myself on the step of a door, and the money was gone.
GUILTY . Aged 20.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution,
JOHN CLEMENTS . I am a constable of the London Dock—Gardener was a permanent labourer in the service of the Dock Company—Stevenson was cook of the barque Pearl, which was lying at No. 3 Quay. I received information, and went on board the barque—I searched Stevenson's berth, and found a bag of junk, weighing 21lbs.—Stevenson came forward, and I asked where he got it—he said, "It was given to me yesterday, by one of the men on the quay"—(no person would have a right to give it him)—I said, "Did you give him anything for it?"—he said, "No," and then he added, "I have sometimes given him a little soup"—I said, "Can you point the man out?"—he said, "Yes"—he went on the quay, and pointed out Gardener—I said to Gardener in Stevenson's presence, "The cook says you gave him this rope"—Gardener said, "It is a lie; he asked me yesterday to give him a bit of junk, and I told him he might take the whole pile if he liked, it was nothing to me"—I said, "Did you see the cook take it?"—he said, "No"—Stevenson said, "I will tell you the whole truth, he took me to the pile in the shed, and told me I might take it; I have seen a good deal of this going on, which made me ask him for it"—I asked him who put it into the bag—he said, "I did"—there are eighteen or twenty of these piles of junk within fourteen feet of the ship's side—Gardener was in this shed as head of a gang of men, and
acting as assistant foreman—I observed that the tops of the piles of junk had been disturbed.
Cross-examined by MR. HORRY. Q. Is this junk convertible into a kind of mat? A. Yes.
THOMAS DAY . I am an extra labourer, in the dock. I saw Gardener beckon to Stevenson, on board the ship, about noon on Friday, the 13th of March—I was on the quay—there was a bag thrown to me by one of the men—I said, "This will just do for an apron for me"—Gardener took it, and said, "I want this for an apron"—he took it from me—I saw it the next day, and it had the junk in it—Stevenson came under the shed to Gardener when he beckoned him, and they conversed together about ten minutes—I was sent away by Gardener to strike a cart.
Cross-examined. Q. You had seen Gardener on board the Pearl? A.
Yes—the men were eating and drinking at the time.
(Stevenson received a good character, and a captain engaged to employ him.)
GARDENER— NOT GUILTY .
STEVENSON— GUILTY. Aged 55.—Recommended to mercy.
Confined Nine Days.
WILLIAM COOPER . I live in Brighton-street, Cromer-street. On the night of the 23rd of Nov. I met with two females, who were tried in this Court—I went with them to the Crown, and had a quartern of gin—we then went to a house—I sat on the bed, and went to sleep—I had a handkerchief and ten shillings in my pocket, and a hat on my head—when I awoke and came out of the room, they were all gone—I have known the prisoner for years—I saw him in the room when the policemen awoke me—he came into the room, and said, "Halloo, Billy, have you been touched up?"—the women had not been lying on the bed with me, I had been by myself, and my mate was by the side of me, sitting in a chair—I saw the prisoner after I was robbed, and the girls had left.
Cross-examined by MR. O'BRIEN. Q. The policemen were in the room when the prisoner came in? A. Yes.
WILLIAM LOWE . I went to the house with Cooper—the two girls were there—I locked the door, took off my coat, and was going to lie down—the door was burst open, the two girls came in, and laid down on the side of Cooper—the prisoner was in front of two other men, at the door, when the girls robbed Cooper—that was immediately after the door was burst open—I saw the girls rob Cooper, and the prisoner swore he would break my b—head if I said a word—the girls shut the door after they had robbed Cooper—I went in a short time, and got the policemen—they awoke Cooper—the prisoner ran in, and said, "Halloo, Bill Cooper, have you been touched up?"—I am sure that when the girls robbed Cooper, the prisoner was at the door.
Cross-examined. Q. Did you mention one word to the policeman that the prisoner threatened you? A. No, I said when we went down, "That is the man that threatened my life."
Marylebone police-court in Feb. for a robbery with two girls in St. Giles's in Nov. last—he said he knew nothing about it, and that I knew very well who it was.
THOMAS LEONARD (police-constable E 126.) I was at the place that night—I recollect the prisoner came into the room after the prosecutor had been robbed by the two girls—neither of the witnesses gave the prisoner into custody at that time, or said he was one of the persons at the door.
Cross-examined. Q. It was three months afterwards when he was taken?
COURT. Q. Do you know Mr. Hall, the Magistrate's handwriting? A. Yes—this is it to this deposition—read—The prisoner says "I have a witness who will prove I was not there, my father will also prove it."
NOT GUILTY .
ELIZABETH THOMAS . I am the wife of George Thomas—we live in Lower Chapman-street—on the 10th March, about one o'clock in the morning, I and my husband went home from Whitechapel church in a cab—I had two shawls on when I got into the cab I am quite sure, and just as I got in the passage I had both on I am quite sure—when I got up stairs to the room one was gone—this is it—how it went I cannot tell.
Cross-examined by MR. BALLANTINE. Q. I am sorry you should say you had it on in the passage? A. I had it when I was inside the street door—my husband was at the door, but he left me to go up stairs to get a light—he had been in the cab with me—I felt rather poorly when I got to Brick-lane—I had been taking a little drop, and what I had did not agree with me—I was not tipsy—I was not reeling about, nor had I been—I was not in custody of a policeman for being drunk—I was very poorly, and Mr. Thomas told the policeman to take care of me while lie got a cab, because the stones were up—I was capable of taking care of myself, and of remembering all that occurred—my head was quite clear—I had not my arms round a post.
GEORGE THOMAS . I am the witness's husband—we had been spending the evening out, and came home in a cab from Whitechapel church—when we arrived at the door I got out and escorted my wife into the passage—I paid the cabman over her shoulder—she had then the shawl on—when she came up stairs I found she had no shawl on—I said, "Where is your shawl?"—she said, "I dare say I have dropped it in the passage, or on the stairs"—I could not find it—I found the policeman who showed us into the cab in Brick-lane, and gave him information about the shawl—the next morning the policeman brought the cabman and the shawl.
Cross-examined. Q. You do not burn a gas-light in your passage? A. No—I went up stairs to get a light—my wife was not quite well—the policeman handed her along by my request as the stones were up in Brick-lane—she was a little the worse for liquor—she came from our friends very well—she walked to Brick-lane very well, and then became worse.
THOMAS KELLY (police-constable K 119.) I went at half-past six o'clock the next morning to the stand at Mile-end-gate—I found the prisoner with his cab—I asked if he took a fare to No. 3, Chapman-street, last night—he said, "Yes"—I asked what he had done with the shawl—he said it was in the c"bt and he gave it me—I took him to Mr. Thomas—he gave him in charge.
husband and her were having words—he was walking on before, and the constable was leading her behind—I was obliged to lead her—I should say she was very drunk.
NOT GUILTY .
WILLIAM BUTCHER . I am agent to Thomas Simco Lee and Co., carpet-manufacturers, of Kidderminster, having a place of business at No. 49, Great Marlborough-street, where I live—in the evening of the 20th of March I saw a roll of carpet safe in the hall there—soon afterwards I saw it there again, but it had been removed about nine feet, and was close to the door.
Cross-examined by MR. DOANE. Q. Are you paid a salary? Yes—Mr. Lee has two partners—I live in this house—it is in the parish of St. James, Westminster—I sleep there—Messrs. Lee and Co. pay the rent—I am not responsible for the goods—I have no share in proportion to what I sell, and am not liable for any losses—the door of the hall was open—it leads to the private house and to the warehouse.
HENRY TREVETT (police-constable C 109.) I concealed myself behind some carpets about six o'clock that evening, at this house in Great Marlborough-street—I saw the prisoner walk deliberately in and take the carpet—I rushed on him and took him with it—he had got about nine feet.
The prisoner was also charged with having been before convicted of felony, to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
JOHN SPRIGG FELTOE . I am in partnership with Francis Feltoe and one other at Belvidere coal-wharf, Stepney—we purchased 104 tons of Wallsend coals from the brig Symmetry, on the 10th of March—I have seen some coals in the hands of the officer, which I believe are a part of the same coals.
WILLIAM COLLINS . I am master of the brig Symmetry—I caught the prisoners stealing coals on the morning of the 10th of March—I know the prisoners by their faces—on the morning of the 11th they were taking coals out of Feltoe's barge with a shovel into a basket—Hetherill was in the boat and holding it, and Bridges on the barge filling the basket with coals and taking them to the boat—I reproved them for doing it—these coals had been discharged from the Symmetry into the barge alongside.
Cross-examined by MR. PAYNE. Q. You threw coals at them? A. Yes, and they returned the compliment—I was about thirty feet from them, standing forwards in the brig—the barge was lying on the off side bow, between the ships—I swear I saw the prisoners on the day before, between five and six o'clock—I am quite sure of it—I saw them perhaps for twenty minutes—I am quite sure of their persons—I did not like to get over into the barge—I saw them about ten minutes on the second occasion—I came up the companion, I brought up a large coal with intent to throw it at them, but I thought I might hit them on the head and kill them—I saw them while they went down to Cuckold's Point.
was on duty and went with him after the prisoners—he pointed them out to me—they were in a dredging-boat at Limehouse-reach, and had a quantity of coals in their boat—I asked how they came in possession of them, they told me they had dredged them up—I examined the coals, they were quite dry, and had never been in the water—they were like the coals that were in the Symmetry.
Cross-examined. Q. How far is Limehouse-reach from the Symmetry?
A. Nearly three quarters of a mile.
MR. PAYNE called
THOMAS HETHERILL . I am Hetherill's brother—on Tuesday morning the 10th of March I called him in his bed at half-past five o'clock, at No. 10, Hereford-buildings, Fore-street, Lambeth—I cannot say how far that is from the Ratcliff-cross tier, where the Symmetry was—I suppose it must be three miles by land, and as much by water—I first called him at half-past five—I asked if he intended to get up, and he did not—I went to my work—the last time I saw him was a quarter before six o'clock—he could not have been at Ratcliff-cross at half-past five, or at twenty minutes to six o'clock—I did not see him on the morning of the 11th.
(Hetherill received a good character.)
HETHERILL— GUILTY Aged 22.
BRIDGES— GUILTY Aged 22.
Confined Three Month.
JOHN NEEDHAM . I am a printer, and live in Caledonia-place, Caledonia-road, King's-cross—the prisoner was in my employ—I sent him out on the 24th of March, a little after three o'clock, to Ullmer and Watts, in Little Britain, for some type—I gave him half-a-crown—he did not bring the type—I found him the next day in Brewer street, Somer's-town, and gave him into custody—he said he did not know me, and had never seen me before—I confronted him with a boy who had been at work with him, and the prisoner said he did not know him.
Cross-examined by MR. MELLOR. Q. He had been at work one day for you? A. Yes, only one—the day before I gave him the half-crown—I gave him a note directed for Ullmer and Watts—as near as I can recollect what I wrote in it was, "Gentlemen, Please to send by bearer about three pounds of leads"—I did not know the price of them, but my note expressed they were to give me what they could for the half-crown, and I mentioned at the end, "Please to be liberal"—I saw the prisoner go in the direction of the place where I sent him to—I saw him again the next day—I was in the dress which I now have on—I said to him, "My boy, how is it you did not return? where ii the half-crown?"—or something to that effect—he was not at all frightened when he said he did not know me—he did not say he had lost the money—I was not very angry.
FRANCIS MANSER (police-constable S 87.) I took the prisoner—I heard the prosecutor charge him—the prisoner said he did not know him—the pro secutor told him where his shop was—he said he did not know his shop and he did not know him—I saw the prisoner on Wednesday last, and then he said he had lost the half-crown.
Cross-examined. Q. Did he not say at first that he had lost it? A. No, he denied it.
(The prisoner received a good character, and his mother engaged to take him home.)
GUILTY . Aged 13— Confined Eight Days and Whipped.
JOHN WHITE . I am a master carman, and live in Britannia-place, Hammersmith—the prisoner was in my service about three weeks—on the 9th of Feb. I gave him 4s. to get two loads of dust—he came home about half-past nine o'clock at night, and said he had taken one load in the field, and part of a load—I went to the field and found he had not taken any dust nor brought the money back.
Prisoner. He gave me no money at all; the boy brought it to me—I brought in the dust. Witness. He did not bring a bit of dust on the 9th—we measure up the dust every Saturday, and the 9th was on a Monday—there was not a bit of dust in the field.
Prisoner. There were two or three loads of dust.
GUILTY . Aged 24.— Confined Three Months
(There was another indictment against the prisoner.)
937. BRIDGET SMITH was indicted for stealing 1 watch, valne 3l.; 1 watch-chain, 6d.; 1 watch-key, 3d.; and 1 fish shell, 1/2 d.; the goods of John Harvey; and MARY ROACH and THOMAS M'KENZIE for feloniously receiving the same, well knowing them to have been stolen.
JOHN HARVEY . I am a railway labourer—on the 16th of March, about half-past five o'clock in the morning, I went to No. 33, Angel-gardens, with Maria Barton—I had my watch safe—I did not have it out at all while I was there—I laid down on the bed, I awoke in half an hour, and my watch was gone—Barton and Smith were there—I asked them whether I might have it again and they would not give it me.
MARIA BARTON . I went to this room with the prosecutor—about a quarter before seven o'clock, whilst he was in bed, Smith came to tell him that his mate wanted him—I knew her by living in the neighbourhood—I saw her take the prosecutor's watch, which was at the foot of the bed—the prosecutor was very much in liquor—I was undressed—as soon as I could get dressed I sent for the policeman, and told him where Smith lived.
Smith. I was not in the room; I knocked at the door and said, "The young man's mate wants him;" Barton gave me the watch out and said, "Take this and pawn it; the man is going to stop with me all day."
MARY ANN HOWS . I live at No. 33, Angel-gardens—on the 16th of March I saw Roach in the Highway, she asked me to go as far as the Dolphin—she there asked Mackenzie for the watch, he said he had not got it—Roach produced this watch to me about eight o'clock—she said Smith gave it her, and she did not know whether it was broken or whether it would not go—I walked away—this is the watch.
JOHN NEAVES . I am an assistant to Mr. Dexter, a pawnbroker—I produce this watch—it was pawned by Smith and Roach, on the 16th of March, at our shop—I cannot say which of them took the money—Smith gave me the watch—it was pawned in the name of Ann Turner.
Roach, Q. Was I in the shop? A. Yes, you both came in together.
WILLIAM HENRY CAMPBELL (police-constable K 342.) I took Smith and Roach on the morning of the 16th of March—I brought them to the station—they denied knowing anything about the watch—they were searched and 1s. 4 1/2 d. was found on Roach—I searched M'Kenzie who was in company
with Smith and Roach, at the public-house—I found on him 5s.,—previous to my searching him he had endeavoured to make away with it in the lining of his coat.
M'Kenzie. I put it out of one pocket into the other. Witness. He put it out of the pocket into the lining of his coat, and dropped it in his trowsers.
MARY ANN HOWE re-examined. I saw M'Kenzie pass something to Roach in the public-house, it was in a silk handkerchief—I cannot say whether it was a watch—Roach showed me the watch and told me Smith had given it her.
(Smith put in a written defence, stating that Barton had desired her to pledge the watch, saying that it mas by the prosecutor's wish, as they were going to the theatre; but on her returning Barton informed her she had taken it from the prosecutor, and refused to take the duplicate.)
JURY to MARIA BARTON. Q. How did the watch get to the bottom of the bed? A. The prosecutor put it there himself—he was in liquor, he came all the way from Mile-end with me—Roach and M'Kenzie live together.
SMITH*— GUILIY . Aged 19.— Confined Six Months.
MR. BALLANTINB conducted the Prosecution.
PETBR HORE. I am the son of Elizabeth Hore, who is the proprietor of Hore's Wharf—I help to manage the business for her—I do not recollect a bale of goods arriving at our wharf marked G. S. S. 7, but the books show there was—there is no entry in my writing.
JAMES HALL . I was clerk in the employ of Mrs. Hore—on the 2nd of March, 1842—the London schooner traded between Dundee and our wharf—I copied the manifest into a book kept at Mrs. Hore's, called the ships'book—there is a bale of goods entered, marked G. S. S. 7—I saw that bale—this is the cover of the bale I saw on Mrs. Hore's wharf—(looking at a wrapper)—I saw it when I took stock, in July, 1843—I left in May,1844—I have the manifest here—I received it before the London discharged, when she came up in the river—that is the usual course of business—I know this to be the self-same paper—it came through the post, directed to Mrs. Hore—I saw it there in the course of my duty.
Q. It was filed, and you took it from the file? A. Yes, and there is an entry in it corresponding with the bale—I acted on this paper—the book is here in which I copied it—here is the entry, by which it appears that a bale marked G. S. S. 7 came bfy the London—there is a book called the monthly remains-book—it is an account of the stock which remains at the end of the month—the whole cargo of the London was checked off in the landing-book—it was marked off by the foreman, who is now dead—the bale is also entered in the stock-book, which I copied from the remains—book—I copied it as landed from the Courier, but that is an error—this stock-book represents the amount of stock on Mrs. Hore's wharf—Nicholls was in her service when I was—he would have access to this book, and this would appear to be a proper description of the goods in stock.
Cross-examined by MR. PRENDERGAST. Q. These books are kept on the wharf? A. Yes, in the counting-house—there were three or four clerks in Mrs. Hore's employ—Nicholls war delivering foreman—there is a landing foreman and a gate-keeper—I have seen this bale on the wharf—I did not see it
landed—that was the department of the man who is dead—this bale was not landed at our wharf—our wharf was burnt down, and this bale was landed at Topping's wharf, and brought with other goods from there to our wharf—I did not see it brought, but I know it was on Hore's wharf by seeing it there in July, 1842, when we took stock—we do not mark on every bale the name of the vessel by which it comes—the Dundee bales do not in general bear the name of the vessel that brings them—the goods brought by country vessels sometimes do—there was no mark on this bale of any ship's name that I am aware of—I left it on the wharf—I have no recollection of it only by looking at these books.
Q. You know you would not have put down these marks only by looking at such a bale? A. I saw the bale marked G. S. S. in the warehouse when I took stock—I am quite satisfied about that—I was six years and ten months at the wharf, and left in May, 1844—I knew Nicholls while I was there—he always bore a perfectly good character, and was a regular man in his habits of business—he had been on the wharf long before I went there and continued after I left—it was my mistake in putting down the Courier in copying this from the remains-book—Nicholls had nothing to do with that mistake—persons who come to have goods away and to make inquiries, sometimes see the books and look over them, and I look over with them—I do not know Nicholls's handwriting, as I have not seen anything of it for the last twenty months—I cannot say whether this order (looking at one) is his handwriting.
Cross-examined by MR. PARRY. Q. You will not undertake to say that this is the particular wrapper which you saw round the bale in 1842? A. That I cannot say of course—the wharf would be crowded with bales—this manifest is not my handwriting, but I remember it coming into my possession, and I acted on it as the manifest of the ship London—I never ticked the cargo by this manifest, but I ticked it in the manifest-book from the landing-book—there are many hands present at the landing of a vessel—the foreman superintends.
MR. PRENDERGAST. Q. There is a great deal of business at Hore's wharf? A. Yes, and sometimes there is a rush of carmen.
SAMUEL STRANGE . I am a carman, and live at No. 14, Paul-square, Paul-street, Finsbury. On the 22nd of last Aug. I was hired from the stand in Bishopsgate-street by the prisoner Braham—he asked me if I was a carman—I told him yes—he said, "I want a bale fetched from Hore's wharf to be taken to Coleman-street"—he gave me the order (looking at it) to go to Hore's wharf and get the bale, and likewise a letter which was to be delivered where the bale was to be taken to—the order was partly printed and partly written—he gave me 4l.,10s., to pay the charges there, and he paid me 4s. for cartage—this resembles the order that was given to me on that occasion—I believe this is it—I went to Hore's wharf, presented it to a clerk in the counting-house, and was referred by him to Nicholls—I took the order and gave it into Nicholls's own hands—he was then on the first floor in the wharf—he took the order from me, and I asked him to serve me as soon as he could—he said he would—he delivered the bale into my cart and then I had to sign his book—I was then in possession of the bale—I noticed the mark—it was G. S. S. No. 7, I am confident—I then left with the bale in my cart—I drove along East Smithfield and passed Hoare's brewhouse—Braham met me near there, and received the difference of the money and the wharf receipt of what I had paid—I took the bale to Barber's, No. 4, Colemsn-street, where I was directed to take it—that was on the outside of the letter—I had the same dress on that I have now, and a hat.
Cross-examined by MR. PRENDERGAST. Q. Are you quit sure you took this order and gave it to a clerk in the counting-house? A. Yes—he referred to a book, then returned me the order, and pointed out Nicholls to me—the amount of the charges was 3l.15s.6d.—I had 14s.6d. to return to Mr. Braham—Nicholls took the order from my hand—he gave it me again, and then I took it into the counting-house—to the best of my belief, this is the order.
Cross-examined by MR. PARRY. Q. Braham called you off the stand, and you were paid your regular charge? A. Yes—I paid the charges in the counting-house.
THOMAS QUAITES . I am clerk to Mrs. Hore. I received this order from Nicholls on the 22nd of Aug.—Strange paid the charges on the bale—I should not have given the bale out without an order of this kind—I referred to the books, and the description agreeing with the order I gave the bale out—the charges were 3l. 15s. 6d., including the rent of 2d. a bale a week—Nicholls was acquainted with the general charges on matters of this kind—I think Mrs. Hore said he had been in her employ thirty-four or thirty-six years—I have been there two years, and I know the charges—after the orders are delivered to me I put them on the file—no goods would be given out without my having the order and filing it—if I were not there he would (give it to Nicholls or one of the other clerks—I know Nicholls's handwriting, and believe this order to be his handwriting.
Cross-examined by MR. PRENDERGAST. Q. Do you mean that Nicholls would have anything to do with making out the charges? A. If none of the clerks were there he would do it—we have three clerks—they do not walk out together—I cannot swear whether it is part of Nicholls's business to make out the charges on bales—I have known him do it, but I cannot recollect the date—about six o'clock in the morning persons might come for goods, and then Nicholls would do it all himself—the clerks do not get there at six o'clock in the morning, and then Nicholls would make out the charges all alone—there is one clerk there at six, but it would not be his business to make out the charges.
Cross-examined by MR. PARRY. Q. Is this the usual form of delivery. order? A. Yes—persons sending delivery orders use this form in general—all the goods we deliver are under orders similar to this—they are not exactly the same—they are not all printed.
PETER HORE re-examined. I had seen this bale on our premises—I casually observed it very shortly before it was delivered—we have ascertained that a bale of goods marked "G. S. S., 7." is gone from our premises—the orders on which goods are delivered are filed—Mellises are customers of ours—their orders are kept on the general file—I have examined the file, and discovered that one of Mellis's orders is missing—it wad one similar to this.
Cross-examined by MR. PRENDERGAST. Q. Have you received any order that you know is gone? A. No doubt my clerks have—I do not mean to swear that I have seen the order that is gone.
MR. BALLANTINE. Q. Are you able to swear that an order is missing from the file? A. Yes—I referred to our landing account—Nicholls had access to the file—the writing of this order is Nicholls's—the character is very similar to his usual handwriting.
MR. PRENDERGAST. Q. It is not disguised? A. Some part of it is, but the general character is his writing—I would not swear to it, only to the best of my belief—I had at first very great doubts on the subject, which continued for some time—I have very little doubt now, since I have compared it—Nicholls has been longer in our service than I am years of age—he was in
my father's service, and is now in my mother's—he was in our employ up to the 20th of Feb., 1846—we finally apprehended him in consequence of information from the police—the files are accessible to Nicholls, but not to every one—the address, "Mellis, 28, Ironmonger-lane," is printed—that of course would only apply to Mellis's orders.
MR. PARRY. Q. This is not an unusual order, it is the kind of order you would receive? A. Yes—I have since understood that a man named Abrahams had something to do with this property—in fact, he stated before me that he had.
Cross-examined by MR. PRENDERGAST. Q. How long have you been there? A. Eight years—I did not at first suspect Nicholls—the police called my attention to the order about ten days after the bale was gone—the policeman compared the handwriting with the books, and he saw a similarity, and called my attention to it—I told Mr. Hore I had no doubt it was Nicholls's handwriting—Nicholls remained after that on our premises—Mr. Hore told me to keep a sharp look-out after him.
JAMBS FERRIS MELLIS . I am one of the firm of J. F. Mellis and Co.—we live now at No. 28, Ironmonger-lane. We are in the habit of receiving goods from Dundee by the schooners and steamers going to Hore's-wharf—in 1842 we received the invoice of a bale marked "G. S. S., 7," but we did not receive the bale—this order is not similar to what we send out—the printing is different—this is printed "28, Ironmonger-lane," and we removed there about five months ago—we write on our orders "28, Ironmonger-lane," over the old address.
Cross-examined by MR. PRENDERGAST. Q. You regularly received all the goods that were intended for you? A. No, we never received this bale—I know that from its being at the wharf, and it is not entered in our stock-book—on the invoice it is put, "Received. H. R.," which was the initials of one of our clerks at that time—he is not here—he is in London—the goods consigned to us, as far as this document goes, were received—I do not remember anything about it, only by referring to the stock-book, and by the goods not having been sent out—if these goods had been sold, they were of a peculiar width, and would have been entered.
Cross-examined by MR. PARRY. Q. Were other goods consigned to you by the London? A. No—the goods were bought, but I am quite sure we have not had them—it is put on the invoice, "Received," but we never received the goods—this order is in the same form as ours, but the printing is not like ours.
MR. BALLANTINE. Q. This invoice is marked as received, would that account for these things not being inquired about? A. Yes—I have referred to our stock-book to see if those goods have been received—if they had come they would have been sold, or be there now—they are neither in the sale-book nor stock-book.
COURT. Q. Did Mr. Hore ever send to tell you the goods were there?
JURY to PETER HORE. Q. Did you ever send to tell Mr. Mellis that these goods were on your wharf? A. No, nor is it usual—the bale being under the mark, not consigned to any party, we do not know the consignee—it was marked "G. S. S. 7," and no consignee—we do not know to Whom to send it till there comes a description of the mark.
MR. PRENDERGAST. Q. You would not know to whom to deliver it?
A. No, not till the order came, then we should compare the order with the sample-mark and the number on the bale—I know it was a similar mark to. Mellis's—many parties have the same mark—we did not know whose mark it was.
RICHARD WILLIAM PILGRIM . I am a compositor ia, the empjoy of Mr. Stratford, a printer, Nassau-place, Commercial-road. I know; the prisoner Braham by sight, by doing a little business for him—this order is my printing—I printed it at the request of Braham the latter part of last summer—he gave me a document to do it by, which was filled in similar to this—he had the document back again when, he received his copies—I made twenty-five copies, printed the same as the document he gave me—I received instruction from him to follow the copy as nearly as I could—I deviated from his instruction in the size of the type.
Cross-examined by MR. PARRY. Q. Had you seen Braham before that?
A. No, never, to my recollection—I might have seen him—I have printed for Abrahams, but only trifling things—Braham has not come with orders from Abrahams—I am not a master printer, I am a compositor—I have been in my master's service three years—I am quite sure these were not printed for Abrahams—Braham ordered them to be printed; he came for them himself, and paid for them—he said nothing about Abrahams.
WILLIAM FRANCIS WARREN . I am in the service of Barber and Co., Coleman-street. On the 22nd of Aug. we received a bale of goods—I should say Strange is the person who delivered it—he delivered me a note—I placed it in the usual place, and never saw it afterwards—I saw the bale opened—it contained common hessian cloth—it was a large bale, and was cut open at our door, being too large for the door-way—I saw the hessians taken out, and made into two packages—I did not attend more to them.
Cross-examined by MR. PARRY. Q. Are Barber and Co. in the habit of having goods of the kind consigned to them? A. Yes, for packing—they are cloth-workers, packers, and pressers—I never know Abrahams—I have been there twelve months—I do not know that Mr. Abrahams was in the habit of consigning goods to our house—my attention has not been called to a. Mr. Abrahams till I heard it here—I read in the paper that a man of that name was tried and transported last Session—I took no interest in it—I do not know that it was a subject of conversation in our house—we pack for anybody we consider to be respectable—this bale came from somebody I do not know—we packed it, and kept it—I swear Abrahams did not have it away—I was not paid for it—that forms no part of my business—I saw the goods opened—I received them myself——I do not know from whom they came, nor what was paid for them—my duty is to attend to the counting-house and the customers out of doors—I saw this bale come to the door accidentally as I was just going in—I was not there when they were taken away.
JAMES HOOPER . I am foreman to Messrs. Barber—I was not in the way on the 22nd of Aug. when this bale arrived—I saw it the next morning—it was then undone—I saw there were fifteen pieces of hessian—I saw a letter in the place where letters are kept—I did not read it—I had not expected any such goods—I did not superintend the repacking of them ls two bales—"BOC" was marked on the wrappers in which they were repacked—they were not new wrapper—the old wrapper was turned—on the Saturday morning I received a written paper—this is it (marked A)—it was brought by a lad—I cut off a part of one of the pieces of hessian, and gave it him—I have not seen the lad since to my knowledge—a carman came for the goods, but I did not see him—I saw the goods go out of the Warehouse—I sent Willam Birch to help to put the things in the cart.
Cross-examined by MR. PARRY. Q. How long have you been in the employ of Barber and Co.? A. Five years—I did not know Abrahams—he was not in the habit of consigning goods to us—we never did packing or anything for him—I have seen him, but not at our warehouse—I have seen Mr. Barber and him speak together—Mr. Barber's partner came in, and said "Mr. Barber, there is an old friend of mine locked up"—he said he had robbed him of 16l., and if he had not had so much against him he should have come against him himself, if he had wanted anything to transport him—I never heard it spoken of but one morning, and then Warren was not in.
WILLIAM BIRCH . I am servant to Messrs. Barber and Co.—on the 25th of Aug. I helped two bales into a cart—I did not know the carter, and I have not seen him since—I saw a note on one of the bales—I do not know what became of it.
GEORGE WILKINSON . I am in the service of Mr. Canham, a warehouseman and auctioneer in Oxford-street, Mile-end—on the 25th of Aug. I received two bales of goods by a cart—I afterwards received a letter by post—I delivered out the bales from our place—I have not seen them since.
Cross-examined by MR. PARRY. Q. Did you know Abrahams? A. Yes—he was transported—(See Fourth Session, p. 593)—these bales were brought by a person named Clark—he said he came from Mr. Abrahams—Abrahams was a general broker and commission agent—he used to send goods at different times for sale—he had been in the habit of doing that the last two years to my knowledge—we did not sell these bales by auction—Abrahams paid five shillings for warehousing them—Mr. Clark brought them to our place, and next morning Abrahams came, and I said, "There are two bales come for you"—he said, "They belong to Mr. Clark"—I asked if they were for sale—he said, "Not at present; you are not to do anything more with them at present"—I never knew Abrahams to have clerks or servants.
ROBERT CARTER . I carry on business as a warehouseman at No. 16, Minories—I bought some hessians by a sample which was produced to me, about one-eighth of a yard—I bought it of Mr. Abrahams—that was the first transaction I had with him.
EDWARD SMITH . I am a warehouseman, and live in Queen-street, Cheapside—I have known Braham twelve months—I have had dealings with him, seen him write, and had frequent opportunities of seeing his handwriting—this letter is decidedly his writing, and I should say this note also.
Cross-examined by MR. PARRY. Q. Have you seen him write? A. Yes—in my office—I do not know Abrahams, and never did—(read, marked A)—"Aug. 23, Sir, Please to send by bearer half a yard of the wrappering you received yesterday; at the same time, the number of yards, and your charge; get them packed to-day, as I shall send for them to-day or on Monday,—JOHN CLARK."
"Sept. 1, 1845,—Sir, Mr. Abraham will call on you, and pay you your charge for warehousing those two bales I sent you; please to deliver the same to him,—JOHN CLARK."
JAMES CHRISTOPHER EVANS . I am a police-inspector. On the 23rd of Aug. I was sent for to Hore's wharf, to make inquiries about a bale—I went into the counting-house, to Nicholls, and asked him to describe the man to whom he delivered the bale of goods—he said, "I did not take particular
notice; he was a man nearly as tall as myself"—I said, "How was he dressed?"—he said, "I don't know, he had a large coat on like mine"—Nicholls had a large fustian coat on—I asked if he took notice of the cart, or if he knew the colour of the horse or the cart—he said no he did not take particular notice of it—I received information, and came to Newgate, I saw Braham come out, and I took him—I said, "There was a bale of goods taken from Hore's wharf by a forged order; you are suspected of having forged that order"—he said, "I don't know what you are talking about; I don't know anybody at Hore's wharf"—at the station he said, "This is a malicious thing of Abrahams; he abused me when I went to Newgate; he has turned round upon me because I told the prosecutor that all the witnesses that came to give him a character were his own relations"—I went to Nicholls, and Mr. Hore gave him into custody—I told him we suspected he wrote the order on which these goods were obtained—he said, "I know nothing at all about it"—I got this wrapper from Mr. Carter's.
MR. PRENDERGAST. Q. What sort of a coat had Nicholls on? A. A paragon coat, but it was not so short as the one Strange has on—I did not compare the writing of the different clerks—I looked over one book.
MR. PARRY. Q. What information you received from Abrahams, you received after his conviction? A. Yes.
COURT. Q. Are you acting on your own judgment, after a conversation with: Abrahams? A. From my own judgment, after a conversation with Abrahams, and with Strange also.
(William Collins, a licensed victualler; and Martha Pullen, gave Braham a good character.)
NICHOLLS— NOT GUILTY .
BRAHAM— GUILTY . Aged 51.— Transported for Seven Yean.
MR. BALLANTINE offered no evidence.
NOT GUILTY .
THIRD COURT.—Monday, April 6th 1846.
Jury (half foreigners), before Mr. Common Sergeant.
936. PETER GODTFREDT ODEMAR and CHRISTIANA MARTILINA ODEMAR were indicted for stealing, in the dwelling-house of John Thomas Moss, 1 note-case, value 5s.; 1 set of tablets, 1l. 15s. 1 10l. Bank-note; and 1 5l. promissory note, his property.
MR. PRBNDEROAST conducted the Prosecution.
JOHN THOMAS MOSS . I live in Dyer's-buildings, Holborn. On the 23rd of March, about half-past four o'clock in the afternoon, I left my dress-coat hanging on a peg in the office—there was in it a note-case, in which was a 5l. note, on a Somersetshire bank, payable at Taunton; and a 10l. bank note—there was also a silver tablet—one was in one pocket, and one in the other—I
returned about half-past seven—I had been to Mr. Moon's, who lives about a dozen doors from me—he had engraved my name on the tablet—he produced it to me, and I returned to my house immediately—my coat was hanging up where I had left it, but my note-case was gone with the 10l. note and the 5l. note—I lost no time in stopping the number of the note at the Bank of England.
JURY. Q. Were the notes in the case? Yes—it was a banker's case, and was in a banker's pocket—I am confident I did not take it out with me—I left three clerks in the office—they leave at twenty minutes to six o'clock, when the post goes out—the door was secured—we have an inner door and a street door—after the last clerk leaves he pulls the second door to—my coat was hanging in the second office within the second door—you go through two doors to get to it—when I left the street door would be open—the inner door would be locked.
WILLIAM JAMES MOON . I am a silversmith, and live in Holborn. About half-past seven o'clock on the evening of the 23rd of March, the prisoner, Peter, came to my house and asked if I bought old silver—he offered me this silver tablet-case, and asked if I would buy that—I looked at it, and immediately I knew it—I asked where he got it—his reply was, "I bought it in Paris five months ago"—the female was not with him when be first came in—I said, "I believe I know this case; I believe it belongs to a friend of mine; are you sure you bought it?"—he then repeated that he was quite sure he bought it in Paris five months ago—I said, "I believe Mr. Moss, the owner of this, lives but a little way off, I will just send for him"—I am not aware that he made any reply, in fact he seemed half intoxicated at the time—I sent for Mr. Moss—he was not at home—the prisoner stopped there until the messenger returned—I said, "I shall retain this case until I see Mr. Moss and ask him"—I gave him a bit of paper, and he put his address, 72, Mark-lane, upon it—I asked his name, and I wrote it, "Mr. Anson, 72, Mark-lane."
Prisoner, Peter Odemar. I said Peter Godtfredt; anybody can see that it was Peter Godtfredt that I wrote. Witness. He told me his name was Anson—I know that—there is P.G. on the other side of this paper—that is what he wrote himself—he gave in that address, and said he would look in again in the morning about ten o'clock, and I should ascertain about it—he returned in less than two minutes by himself and asked me to lend him 1s. upon it—I said I should not think of lending him 1s., as I was not satisfied how he got it—he went outside the door and called in the female prisoner.
Prisoner, Peter Odemar. I went outside the door and called her in long before that. Witness. That was the first time I saw her, and the only time—he asked her if he did not buy it in Paris nine months ago, and she said, "Yes"—she seemed very much flurried and had scarcely time to give her answer when she was out of the shop again—she appears like the person—I should not like positively to swear to that fact, but from her voice and all, I have not the slightest doubt in my own mind—she had the same shawl on that she has now—when she went out Peter said be would call in the morning at ten o'clock—I was in the shop at ten o'clock in the morning—neither of them called—this is the tablet—( looking at one.)
Prisoner, Peter Odemar. My sister gave it me, and asked me to sell it.
PETER HENRY PIDGEON . I am with a pawnbroker, in the City-road—a man and woman were in the box in our shop at the same time—I believe they were in company, because the man left at the same time as the woman—Peter Odemar acknowledged at Guildhall that he came, but I should not exactly like to swear he did come—the woman presented a note to me—it was not the female prisoner—I have seen that woman since at the Police-court, and Peter acknowledged her to be his wife—she paid me a 10l. Bank of England note—I
forget the number of it—this is it—(looking at it)—she took some article out of pledge, paid me 18s., and I gave her the change—the name given was Mrs. Fish, Joiner's-place, Curtain-road—Mr. Smith's father was coming by a quarter of an hour afterwards, and I gave him the note to get change.
COURT. Q. What are you? A. A pawnbroker—we do not always get rid of notes a quarter of an hour after we take them, but if we do not exactly know the names of the parties, in case there should be anything wrong, we think it best to get rid of them—we generally do so—I marked the note, "Fish, Joiner's-place, Curtain-road."
WILLIAM SICKEL . I am one of the detective force of the City Police—in consequence of information, on Saturday, the 28th, I went with Bradley to Joiner's-place—I did not find the prisoners there, and went to William-street, where they had lived, and from there I went to Shakelwell-street, Shoreditch—the male prisoner was standing outside the door—I asked him if his name was Fish—he said, no—a female came to the door and said, "My name is Fish" I asked the prisoner, Peter, whether he was her husband—he said, "No"—I told him to go inside, I wanted to speak to him—she said, "Why do you deny being my husband; you know I am married to you; why do you deny it?"—he did not deny it then—he said no more—I then said we were two policemen, and had come respecting some notes which had been stolen—I asked the female if she had changed the note at the pawnbroker's—she said yes, she received it from her husband—I asked what she did with the changed—she said she had handed the whole of it back to him—I asked the male prisoner what he had to say to it—he said he had received it from his sister, and gave her the change back—I took them both to the station, and on Monday, the 30th, the prisoner, Christiana, was brought to the station—I said, "There has been a robbery committed on Mr. Moss, of Holborn; your brother is in custody, and I understand you are a party concerned"—she said she bad picked up two notes, one she had given her brother to get change for, and he only returned her a sovereign out of it.
Prisoner, Christiana Odemar, He did not understand me right; I lost every farthing of it out of my pocket. Witness, I asked what become of the 5l. note, and she said she had given it to her husband, that in some man she was in the habit of living with.
COURT. Q. You did not say a word about her giving it to her husband before the Magistrate; look at your depositions? A. It does not state so here, but to the best of my recollection I named it.
MR. PRENDERGAST. Q. Did you say anything about the tablet? A. I asked if she knew anything about a tablet her brother had left up in Holbora—she said, "No"—she said she knew nothing about the case the notes were in—the note-case was stolen as well as the notes.
COURT. Q. How many clerks did you leave? A. Three—they all leave directly the post leaves—many men might come in without exciting observation—it would not be an unusual thing for a woman to come in—I came home at half-past eight o'clock.
JURY. Q. How are you so certain you left the money in your pocket? A. I am confident—I am in the habit of leaving notes in my pocket when I go out—I have no pocket in my other coat, except the front slouch pockets—I do not think any person could go into the office without the people seeing them—the clerks pulled the street door to—there was no appearance of the place having been opened forcibly—a latch-key would open the door—I
took off my coat about twelve o'clock, and had been wearing my shooting-coat all day.
GUILTY .* Aged 34.— Transported for Seven Years.
First Jury, before Mr. Common Sergeant,
938. WILLIAM WHITE was indicted for stealing, at St. Marylebone, 53 sovereigns, 1 20l., and 1 10l. Bank notes; and 8 promissory notes for 10l. each, the monies of Thomas James Watkins, in the dwelling-house of the said William White.
MR. BODKIN conducted the Prosecution,
HANNAH WATKINS . I am the wife of Thomas James Watkins, of No. 19, Devonshire-street, Lisson-grove, St. Marylebone. We get our living by taking houses and letting them out in tenements—my husband occasionally gets tipsy, and I do not trust him with money—in Sept., 1844, I had received 150l., and had also saved up 10l.—my husband knew I had received some money from my family, and was plaguing me to know what it was—I in consequence determined to put it away—I put eight 10l. country bank notes, one 20l. Bank of England note, and fifty sovereigns together, into a tea-caddy, and put it into an old handkerchief, and took it to the house where the prisoner and his wife lived as my tenants at No. 78, in the same street—they occupied a little shop, a parlour and a bed-room—I saw the prisoner's wife—the prisoner was not present—he was in the shop—she put the tea-caddy into a chest under her bed, in my presence—I kept the key of the tea-caddy—the trunk was locked, and she kept the key of that—in April last year I had occasion to go to that tea-caddy again—Mrs. White turned up the bed and opened the box—I found the tea-caddy safe, and opened it, and put in three sovereigns more, and then locked it up as before—Mrs. White did not see me put the money in—I took the tea-caddy home, that no one should see it—I brought it back immediately—I never told the prisoner at any time anything about this tea-caddy—about a month after this I was sent for to White's house—it was on Whit-Monday morning, about half-past seven o'clock—I went into the middle-room—Mrs. White was then crying—I did not see anybody else—she said something to me, in consequence of which I ran for the police—I came back with Sergeant Thompson—I then found the prisoner at the house, with the tea-caddy upon the table, and the rag which was tied outside it—they were not there before I went for the policeman—they could not have been upon the table without my seeing them—I was very much flurried at seeing the empty box—Sergeant Thompson was taking down what they said they had lost—they said they had lost 5l. in silver, and a tea-caddy spoon—the prisoner said the thieves had pushed the key out of the door, though the door was locked—he also said the thieves had, perhaps, come in through the window—I said nobody in the world could do it, and gave him into custody—he was discharged before the Magistrate—after the prisoner had been taken a second time and remanded, his wife came to me, and in consequence of what she said I directed the cesspool at the back of the premises to be searched—I was present when a worsted stocking was found, containing nearly 5l. in silver, with half a sovereign, and a tea-caddy spoon, which the prisoner said they had lost that morning, and two purses, which the wife said were hers—I know the prisoner had not been out on the morning of the robbery, because it was Monday morning, and he never does go cut—he said he had been there all night.
Cross-examined by MR. CLARKSOW. Q. Do you recollect when it was you were sent for? A. Yes, on the 12th of May—the last time I had been to the tea-caddy was about the middle of April—when I brought the police on the 12th of May, the prisoner said it was between twelve o'clock at night and six that morning that the thieves had come in—my husband's name is Thomas James Watkins—he has never gone by any other.
MR. BODKIN. Q. You do not live in the house in which they occupied the rooms? A. No, I live opposite—there are four other lodgers in the house—they have each a floor, and have all an equal right to the use of the front door.
THOMAS HENRY THOMPSON (police-sergeant D 4.) On the 12th of May last I was fetched by the last witness to the prisoner's house—I found the prisoner and his wife there—I asked the prisoner which way the thieves got in—he said at the middle door, the parlour door—that leads into the passage—I asked how they could get in there, and if he had locked the door—he said yes, but he had left the key in—I said it was impossible for them to do it—he said he found the key on the floor—I asked how it came in, for I found the key in the lock—he said he had picked it up, and put it in—I went and looked at the bed-room—there was a turn-up bed—a tester-bed I believe you call it—it was down—Mrs. Watkins showed me a chest—I endeavoured to pull it out from under the bed—I could not get it out—nobody could have got the tea-caddy out without taking the bed up—I received this key from the prisoner, which I produce—it opens Mrs. Watkins' caddy—the prisoner said he had los between 4l. and 5l. and a tea-caddy—he said the key was picked up in the shop, and also the key of the box—he said he picked up a caddy in the front shop—I took him into custody—the Magistrate did not consider there was evidence enough against him, and he was discharged—it was said in his presence that the 5l. they lost themselves was lost out of a drawer on the left hand side of the middle room.
Cross-examined. Q. Do you mean to say you produced the caddy which had been robbed, and the key which the prisoner produced, and that the Magistrate told you there was no case against the prisoner? A. Yes—I did not take the key out of Mrs. White's tea-caddy with my own hand—I did not try it with her tea-caddy, or see it tried with it—the prisoner said in his house that key was taken from a bunch that hung by the side of the fire-place—they showed me the bunch with a lot more keys on it—it must have been taken off that night—I did not take the key out of the caddy, the prisoner gave it me in the middle parlour, and said it was found in the front shop—I have been asked for that key several times by the prisoner.
JURY. Q. Was there any other door to enter that room? A. No—there was a bed-room window that leads into a yard, but that was fastened inside.
HANNAH ARNOLD . I am the wife of Alfred Arnold, of Winyard-street, Kennington-lane—I am the sister of the prisoner's wife—on the 10th of March this year I had a conversation with the prisoner and his wife about this matter—my sister was grieving about the loss of her money—the prisoner asked her if she would like to know who had the money—she said "Yes," and he said he had it—my sister screamed, and went almost into a fit—I told him I thought he had killed her, and on that he said he would find the money, and restore it—I saw him several times after that, and asked him if he had found the money or got it—he said he had not—in consequence of that I made a communication to Mr. Hughes, the superintendent of police, of what he said, and upon that the prisoner was taken into custody.
Cross-examined. Q. What I understand you to be referring to is the money your sister had lost, and which had put her to so much inconvenience and distress? A. Yes.
MR. BODKIN. Q. If it was your sister's money, why did you go to the police about it? A. Because I was vexed at seeing her in such distress.
ANDREW WYNESS (police-constable D 45.) In consequence of a communication from the last witness, on the 17th of March, I went to the prisoner's house—I waited until he came home about eleven o'clock at night—I said, "Well, Mr. White, I have come to you about Mrs. Watkins's robbery"—he said, "Well, I know something about it; if you will appoint a time to-morrow, or any other time, I will meet you, and find it"—I said that would not do; he must go with me, and see what the Inspector said—he said he did not mind, which way I liked—I took him to Marylebone station-house—he said he did not wish to stop there, that the money was nearer to the Har-court-street station than it was to Marylebone—he had said previously at the Kennington station-house that he did not mind going, because the money was nearer to the Marylebone station than it was to Kennington—he had said! previously he would meet me in the morning, if I would take him to the place—I went to him in the morning—he said he should say nothing till he went to High-street before the Magistrate—he made a statement before the Magistrate, and said he would go with me, and show me the place as nearly as he could—he said something about the caddy, but I did not hear the words—I went with him to a field in the neighbourhood of Primrose-hill—he pointed to a bank there where he said he had put the money—he did not say money, he said put it—he said he had put the notes into a bottle, and the gold in a piece of paper, the one a little distance from the other—I got assistance, and dug, but found no money or notes.
Cross-examined by MR. CLARKSON. Q. A good many amateurs dug there, did not they? A. Yes—I know they did not get the bottle—I saw every spade that was turned up—when we first went there, there had been no digging—we dug from between twelve and one till five o'clock.
JURY. Q. Did you make any observations on the bank before you began to digsss A. Yes—the grass was growing, and had not been touched—the prisoner looked at the bank, and said it had the appearance of being the place—he said it was between where he was standing and the corner—there were officers on the spot at Primrose-hill both night and day.
Edward Upton, cheesemonger, of No. 51, Union-street, Borough, and Joseph Targett, of Old Church-street, carman, gave the prisoner a good character.
GUILTY. 30.— Judgment Respited.
939. HUGH M'LELLAN BELFRAGE and WILLIAM GREENING were indicted for a robbery on John Thomas Wilkinson, putting him in fear, and stealing from his person and against his will 1 crown and 1 shilling, his monies, and striking and beating him.
MR. ROBINSON conducted the Prosecution.
JOHN THOMAS WILKINSON . I did live at No. 10, Green-street, Commercial-road—I got my living a fortnight since by attending gentlemen who are of unsound mind—I live now at No. 11, Liverpool-street—on the 25th of Feb. last I left Norbiton, in the afternoon, and went over to Hampton-court, and walked over the Queen's palace, looked at the pictures, and walked into the gardens—while I was looking at the pictures, I entered into conversation with a female and two males—I was invited by some persons to go into the Canteen—we had some meat and beer—a sergeant in the room challenged me to play a game at cribbage—I took it up—the other persons went away to tea, and said they would call for me, and we would all go to
Kingston together—I went to the other side of the table, to a game of cards, expecting every minute this party to return and call for me—that threw me into conversation with the prisoners, and from that arose an appointment for Belfrage to walk with me to Kingston—I stopped at the Canteen until about half-past six, and they left—they were going to stable duty—Belfrage said be would rejoin me after stable duty was over, which he did—we left the barrack—room about a quarter to eight, and on the road stopped at the King's Arms public-house—a pot of ale was ordered, which I paid for, but did not partake of—we left Greening at the King's Arms, and Belfrage started with me on the road to Kingston—after we had got some distance, Belfrage wanted to go back to where we had left Greening, we went back—Belfrage had some conversation with Greening which I did not bear, but after we all got again some distance into the park, Belfrage said, "Don't walk in that pathway, let us turn aside"—we had got some distance, when he called out, "Bill, Bill"—in consequence of that, Greening came up—one came on one side of me and the other on the other, and demanded money of me—I cannot say which of them, but a demand of money was made—they were both together when it was made—I said I had no money to give them—in consequence of that I was knocked down—I received several blows, one on my nose and another cut just here (on the head), and then they knelt on my chest—after some time I said, "Well, if you will let me get up, I will give you some"—I put my band into this waistcoat pocket, and took out a 5s. piece, and gave it to one of the prisoners—I did not know which it was at that moment—it appears it was the prisoner Greening—that was not sufficient, and they made another demand—I said, "What do you want more?"—Greening said, "Half-a-crown"—I said, "I cannot or will not give you that"—I took 1s. out of my pocket, and gave him that, and then after I got out of his hands, I ran out at the park—gate, to escape further violence, for they kept threatening me—I made for the door of a butcher's house, who I knew, the first butcher's on the right hand side of the park—I was at that door when the policeman came up—I gave Belfrage in charge—I did not perceive Greening at that time—I said I had been robbed and assaulted in the park by two soldiers, and pointed to Belfrage as one of them—the policeman took us both to the station—Belfrage made a charge against me, that I had taken indecent liberties with him—there was no mark on the 5s. piece—I had it a very short time in my possession—I made the observation that it was a very smooth one, and when the sergeant took the charge, I said it felt very smooth—I am quite sure I mentioned the 5s. piece at the station—Greening was not there then—I afterwards went to the barracks, and identified Greening—he was in bed—it was between ten and eleven at night.
Cross-examined by MR. DOANE. Q. I believe you have represented yourself to be a Christian man, who has learned to forgive injuries, and who did not intend to appear against these men? A. I did not, that is the truth—I did not speak those words to any individual—if there is any such communication from me, it is in writing—it was my intention not to appear against them—I said so to a woman of the name of Holmes—she lives in New-street—that is not near where I was living—I once lived at a public-house—Mrs. Holmes was living close by at the time—there was not a young man named Crower at the public-house—he was at his own residence, I suppose—on my solemn oath, Mrs. Holmes did not charge me with writing beastly and disgusting letters—she did not forbid me to enter the house, because I was such a beast—I represent myself as a medical attendant—I have been called so—I have not had a medical education—what I have been is nothing to the
point—at starting into life, I was in a merchant's counting-house—after that, about the year 1823, I was clerk to Messrs. Storey and Company, of John-street—I was there about nine months—they did not get rid of me at all—I left because there was something unpleasant occurred, some little misunderstanding between me and my mistress in the house, and my master said, "I do not think anything at all about it, but women are particular; I wish you to receive something more out of the house; you shall have more money"—after that I went to my father, a solicitor, at several places at Spitalfields and at Brighton—after that I went to learn the Lancaster system in the Borough-road, and I staid there from three to six months—I then left and went to the office of Mr. May, a solicitor, in the Bethnal-green-road—I staid there two years—I went next to the office of Mr. Pixen, a solicitor—I was taken ill, and left there—I was ill for twelve months, and then went back to the office of Mr. May—I next went into business for myself, as a general dealer, for nine months, at No. 6, William-street, Green-street, Bethnal-green—I was indebted to my landlord, Frederick Summers—he was in the habit of not only letting his house, but of lending me money, and sending me in goods on credit—I was indebted to him in 23l. for goods and rent, and as an honest man, I wished to repay him—I gave up my business, furniture, and all the ready money I had in my possession—never mind where I went to next—you must think I have a very excellent memory—I next went to Mr. Luke's, a coal-merchant, of Rotherhithe, as collector and clerk—I do not know in what year that was—I was there twelve months—I think after that I was some time out of a situation—I cannot tell how long—the next thing I did to get an honest living was to go into the Docks as a labourer, and no disgrace—it was the London Docks, I think; no, it was the St. Katharine's—I do not know how long I was there—I cannot say what year it was, you are so quick and hasty—I had a very good character—after I left the Docks I was in the habbit of serving my friends, and any connectios I might meet with, with tea—it is more than ten years since I began dealing in tea—I continued tea-dealing amongst my friends more than a year—I cannot say whether it was two years—I think after that I went to the St. Katharine's Docks, and to the London afterwards—I was there one or two seasons, about twelve months, and then advertised, and got a situation with Alderman Farebrother's brother, as clerk—that was in 1836—I remained with him one month—I left because my father was taken seriously ill—I consulted with Mr. Farebrother, and said I had a wish to go to see him before he died—he gave me leave to go to Horsley to see my father—I staid some time, till my father died—when I returned Mr. Farebrother had made up his mind to do with one clerk instead of two—he said he was very sorry; he liked all I did and all I said, and gave me his advice to have a quarter's writing lessons—after that, in consequence of an advertisement for a religious person and a teetotaler, I got a situation as keeper at London-house, Hackney—the first time I staid there six weeks—I was then out of a situation six weeks, and then went to Dr. Oxley's—I was there six months, and left because I did not like the situation—I next went to Whitmore-house, Hoxton, an asylum for lunatics—I staid there between three and six months—I was uncomfortable there—Miss Binfield said if I went out so often I must leave—I gave notice to leave—they gave me six weeks' wages, and I left—one Sunday evening a little boy came and said a medical gentleman wanted to speak to me, and sent me to a medical gentleman at Clapham, and be agreed to give me a guinea a week and my board and lodging, and in a few days I went to the Westminster-road—I stopped six months there, felt myself uncomfortable, and gave notice to leave—I was then twelve months at Grayton, and after that I was at Northumberland-house—I
have also been sent for to go down to Worthing, but did not go—I have been going from one house to another, just as the patients may be—that is how I have been going on, up to this time, with the exception of being at the office of Messrs. Smith and Naylor—last year I was with Miss Thomas, of Norbiton, Kingston—I went to her in the latter part of Feb.—in March I went as keeper at Mr. Armstrong's, at Peckham-house, and was there till the latter end of July, and from there I went again to London-house—I had some words with Dr. Oxley there, and left; no, I went to Dr. Oxley's first, and from there to Peckham-house, and from there I went to Grove-hall, Bow, in or about Dec. last, I left there—since that I have been one month at Norbiton, in a gentleman's family—I went there through Miss Thomas—at this time I was living in Greenfield-street—I had been living there since I left Grove-hall—when I first went into the Canteen it was about four o'clock—I had some refreshment with a man and woman who I met there—I did not begin tossing and betting with the sergeant when they left—I was playing at cards with the sergeant—I was doing so before my friends left—I did not lay wagers with him—I simply played one game—if I had lost one game I should not have played another—I have said that I won four pots—that was at crib-bage—that is not what is usually called betting—we played for a pint of half-and-half each game—I won four pots—the sergeant paid for it—the prisoners were in another part of the room, playing by themselves—I did not play with them—it is impossible to say who began the conversation—I might have made an observation on the game—I did not see them bettrng—I swear I did not see Greening put down a crown piece on the table, and the other man a sixpence—it is impossible to say what caused the invitation for them to accompany me to Kingston—I do not know how they knew I was going to Kingston—I was at the Canteen from about four till about half-past six o'clock, and then they said neither of them could leave till they had done stable duty—they were absent about an hour, and I went into the barrack-room—I do not recollect Gosbell—I recollect Willey—I remember the trumpeter being there—I was chatting and laughing with two or three men in the barrack-room—I had something to drink—I took hold of the trumpeter's trumpet, and he told me it was a fine of half-a-gallon—it is for him to say whether I put my arm round him—I do not know whether I did.
Q. Look at this man (pointing to one.) On your solemn oath, did you not grasp him round the waist and ***? A. Why is not the trumpeter here? am I in the place of the prisoner?—I have no recollection that I grasped him round the waist in the presence of the prisoners ***—I accompanied the two prisoners to the King's Arms—I drank nothing there—they called for some drink—I very likely went off with Belfrage—I wished Greening good night—I did not tell Belfrage it was the nearest way to Kingston to walk out of the straight road.
MR. ROBINSON. Q. Will you undertake to swear you did not catch hold of the *** A. I have no recollection of doing it—I should think I did not—I cannot undertake to swear whether I did or not—I do not think that I did—I have no recollection of doing such a thing.
NOT GUILTY .
NEW COURT.—Monday, April 6th, 1846.
Fifth Jury, before Edward Bullock, Esq.
MR. DOANE conducted the Prosecution.
GEORGE RAWSON . I live in Half Moon-passage, leading from Gracechurch-street to Leadenhall-Market—I am the beadle of Lime-street ward—about five o'clock on Thursday morning, 26th of March, I saw Jones coming from Gracechurch-street with two females—he had a large basket on his head—I watched and saw him pass Mr. Warmington's door and return to the females—he had some conversation with them—he then returned towards Mr. Warmington's, and passed on to the house of Mr. Lambert—he had the basket still on his head—I afterwards saw him without the basket—I went round and told the policeman to watch at that end of the passage—I afterwards saw him join the women again—I saw him again at Mr. Warmington's shop door—he had nothing with him then that I could perceive—I then lost sight of him—I saw him again in a short time, when the policeman had just taken hold of him—he had a bag on his shoulder—the policeman put his hand under the bag and said, "Where did you get this?"—he said, "At Warmington's"—I went round another avenue and took the two women—I knocked at Mr. Warmington's private door, which is about three yards from the shop-door—after knocking for about five minutes Mr. Warmington's man opened the door—I went into the shop—I saw Brooks about twenty feet from the door, in the middle of the shop—this meat had been taken out of the bag which Jones had, and put into the basket—it was then laid on the block in the shop—I asked Brooks if he could identify that meat as his master's—he went towards it, turned it over, and appeared very much agitated and confused—the answer he made was, "I found the door ajar"—I said, "That is not the question, I ask you, can you identify this meat as your master's"—he turned it over and looked at it again, and said, "It did not come from here, it is none of ours"—I pointed to the vacant places in the shop where I thought it had hung, and said, "That is where the leg of mutton hung, and that is where the beef hung"—they had hung up in rows—Brooks made no reply, but Cox came in directly afterwards and said he could identify the beef—I directed him to get down another leg and chine of mutton—he said this leg was part of the same—we fitted them and they corresponded exactly—I have been a butcher all my life—I asked Brooks if he knew Jones—he said to one of the men "He is a chap that used to live along with us."
Cross-examined by MR. CLARKSON. Q. I suppose you went before the Magistrate? A. Yes—Brooks went as a witness as often as I did, and at last he was ordered into custody—the Magistrate called the prosecutor to him on the bench.
Cross-examined by MR. ROBINSON. Q. How long have you been wardbeadle? A. Four years—I am constantly about in the market—Jones said he got the meat from Warmington's, and he told the policeman in my presence that he had bought it—he had it in a bag—he had not got the basket then—I found the basket in a door-way in Half Moon-passage.
HENRY DANIELS . I am watchman of Leadenhall-market—on the 26th of March, about ten minutes or quarter before five o'clock in the morning, I was standing in a direct line with Half Moon-passage, and saw Jones passing with a round basket on his head, out of Mr. Warmington's passage into Half Moon-passage—he walked up to two females who were there, and they walked up the passage to Gracechurch-street—I lost sight of him then—he was about two hundred yards from Mr. Warmington's shop—when he returned he had a bag on his shoulder, without the basket—he went to the passage where Mr. Warmington's shop is situated—directly he passed into Mr. Warmington's passage I lost sight of him, as I was in Half Moon-passage—I then moved to the other end, and saw him leaving Mr. Warraington's shop
door with the sack on his shoulder, and something in it—I could not see whether the shop door was closed as he left, as I was sideways to the door—I spoke to the policeman, and saw Jones taken by him—he asked Jones what he had got there—he said, "A piece of beef and a piece of mutton"—he said he got it from Warmington's—the policeman said, "How did you come by it"—he said, "I bought it"—we went to the shop—the shop door was quite close—we knocked and rang at the private door, and endeavoured to arouse the inmates as soon as possible—five or six minutes, or perhaps ten minutes elapsed—the door was then opened—there were several persons standing there—I went into the shop and saw Brooks—Mr. Rawson spoke to him, but I could not hear what he said.
DANIEL WITTERIDGE (City police-constable No. 592.)l was spoken to—I saw Jones in company with the women who were discharged—I found a leg of mutton and some beef in Jones's bag—I asked where he got it—he said at Warmington's—I went to the shop, and found Brooks there.
SAMUEL CARPENTER . I am in the prosecutor's service—it is my duty to get up before the rest of the men, to go to the stable—I got up on the morning of the 26th, about ten minutes before five o'clock—I went out at the shop door, which is against the counting-house—that is the door the witesses have spoken of—it is secured by bolts inside and a spring latch—I drew back the bolts and when I went out I closed the door—I tried it twice, and I can swear I did not leave it ajar.
Cross-examined by MR. CLARKSON. Q. How many men are in Mr. Warmington's service? A. There were six—five now Brooks is away.
WILLIAM HAYNES . I sleep on the prosecutor's premises. I called Carpenter that morning, as he had to go early to the stable—I heard him go down, and soon after I heard the door of Brooks's room open—he sleeps on the same floor—I saw him, and he was dressed—I asked him what time it was—he said five o'clock—that was about a quarter of an hour earlier than his usual time for going down—he said he was going to the water-closet—about five or ten minutes after he went down I heard the bell ring—it rang again—I went down and found the policeman at the private door—I saw Brooks standing still in the middle of the shop—I could not observe that he was doing anything—he came to me and told me he had found the door unbolted.
WILLIAM COX . I am in the service of Mr. Warmington, and sleep on his premises. Four persons slept in one room and three in the other—I slept in the room where the four were—I found the policeman and the other persons in the shop that morning—I was called and looked at the meat—I said, "I hung up the piece of beef yesterday and the day before likewise"—I observed the hooks vacant on which the meat had been placed—I said, "There is the hook where the beef hung"—I compared the leg of mutton with the rest of the carcase—I was asked if I knew the leg of mutton—I said, "No"—I saw the other witness compare the mutton—I have since compared it myself—it fitted exactly with the leg and chine—I have no doubt about the mutton.
Cross-examined by MR. CLARKSON. Q. At first you were not sure? A. Not about the mutton—before I lived with Mr. Warmington I lived with Mr. Pitt, and before that with Mr. Cansdell—I lived with Mr. Gardener twelve months ago—I left him because he told me I did not suit him—I never was charged with robbing him—he told me I charged him too much for a calf's head—I lived with him two months after that.
MR. DOANE. Q. Did any of the other men who slept in your room go down before Carpenter? A. No.
HENRY DEAN . I am in the service of Mr. Warmington. I sleep with Brooks—I remember his going down early that morning, and soon after he went down I heard the bell ring—I asked Brooks as he was getting up how it was he got up so soon—he said he was forced up—he did not come up again—I have been in the service of Mr. Warmington six years.
JOSEPH WARMINGTON . I keep this butcher's shop in Leadenhall-market—Brooks has been in my employ twice—he lived with me in 1838, and has been with me since that time, with an interval of about twelve months, rather more than seven months altogether—he conducted himself pretty well—I was satisfied with him.
Cross-examined by MR. CLARKSON. Q. I believe during the time he was with you, you paid him 12s. a week? A. Yes, and he had saved some money—I owe him about 30l.
Cross-examined by MR. ROBINSON. Q. I believe Jones has been in your service? A. Yes—his name was then George King—he had a very indifferent character—I cannot swear whether I gave him a character to some other place—he lived about five months with me and did not suit me—he was a very quarrelsome man—I know there were two or three fights got up—I do not recollect whether that was the only reason I parted with him—I am incapable of giving such a man any other character than he deserves—I should think I never spoke to Mr. Hunter about him.
BROOKS— NOT GUILTY .
JONES— GUILTY .
Aged 33.— Confined Six Months.
PHEBE DUKESON . I am the wife of Thomas Dukeson, a carman, in Dunning's-alley, Bishopsgate-street. On a Thursday afternoon, about the 5th of March, the prisoner came to our place about one o'clock, to hire a truck to go to the Eastern Counties Railway to fetch two boxes to go to Sun-street—I let him have the truck—he was to bring it back within the hour—he did not bring it back—I saw it at the police-court the following day.
Cross-examined by MR. HORRY. Q. He gave you some money? A. He left 6d. for a deposit—it is usual to leave 1s.—I told him I should return him 3d. if he did not keep it longer than the hour—the hire is 3d. an hour from the time it goes from my place.
JOSEPH COLES . I buy and sell trucks and carts—on a Thursday afternoon, about the 5th of March, about two o'clock, the prisoner came to my shop and asked me to go with him to look at a truck in Steward-street—I went and he showed it me—I saw that same truck at the station in the presence of Mrs. Dukeson, and she identified it—I agreed to buy it of the prisoner for 14s—he asked me 18s. for it—I asked him if it was his own—he said yes—he brought it down to my house—it was at my door till the policeman got it—I had not paid for it.
Cross-examined. Q. Have you ever been in a witness-box before? A. Not for some years—I was never charged with receiving trucks in my life—I will swear it—I do not deal in stolen goods—there was one I bought of the prisoner about twelve months ago—I am not in the habit of buying trucks and carts in this way—I offered to buy this of the prisoner because he had sold me one before that was stolen—the moment I saw it I knew it was not right, and told the policeman the same evening.
spoke to me—I took the prisoner—I found the truck opposite Mr. Coles' door.
HENRY BEAN (police-constable G 16.) I produce two certificates of the prisoner's former conviction—(read—Convicted 12th Dec, 1842, and confined three months; and 7th Jan., 1845, and confined six months, six weeks solitary)—the prisoner is the person.
GUILTY . Aged 53.— Transported for Seven Years.
GUILTY.—Recommended to mercy. — Confined Three Months.
CHARLES WYKES (police-constable K 259.) On the 19th of March, about seven o'clock in the evening, I was passing a marine-store shop, in William-street, Poplar—I saw a quantity of nails in they scale, being weighed—I saw the prisoner in the shop—I went in and asked if they were his property—he said yes—I said I doubted his statement, and must take him to the station—I took him as far as the East India-road, and gave him to another constable—I went back and got the nails—there were sixteen pounds of new nails—I took them to the station—I then asked the prisoner who he worked for—he said for Mr. Tomlin—I went and gave him information—he came and identified the prisoner as his servant, and asked how he got the nails—he said he picked them up two or three at a time, in sweeping out the floors of the new houses—we went to where he had been working, and missed some nails out of his new bag.
MARY ANN COUSINS . I am the wife of William Cousins; we keep a marine-store shop in William-street. On the evening of the 19th of March I was called down—I saw the nails in the scale, and the prisoner in the shop—I told him we did not buy such things—the officer took him.
WILLIAM BRIEZE TOMLIN . I am a builder, and live at Poplar; the prisoner was in my employ. On the 19th of March he was engaged in a building in Thomas-street, as a plasterer's labourer—I had some nails there, standing in one corner of the building, in a common nail-bag—I saw the bag there between eleven and twelve o'clock, just before going to dinner—I afterwards went there with the carpenter who was using the nails, and missed some from the bag—they were the same sort of nails as those produced, but I could not swear to them—the prisoner worked some time for me.
Cross-examined by MR. HORRY. Q. Are these nails mixed? A. No, they are all new ones, used in flooring houses—I should say they could not i?et between the boards—they are left about sometimes, but it is the carpenter's business to pick them up.
HENRY ALDIS . I am a carpenter in the prosecutor's employ; I Was using nails at that building. On the 19th of March the prisoner was working there all day—I left a bag of nails there when I went to dinner—I screwed the top of the bag up, and left it in the corner of the building—when I returned I found it disturbed, and two yards from where I set it—I missed some nails of the same sort as these produced—they were what I was using in laying the floor.
Cross-examined. Q. When did you last see them? A. About half-past eleven o'clock—here are sixteen pounds of nails—that is very nearly the quantity I missed—there was only a little boy and myself, and my own boy,
at work—there were no other labourers—I locked the door at dinner-time, and I was working in the room after I came back from dinner—it was the lower room.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Two Months.
It being the property of Michael Mendoza, the prisoner was
ARTHUR DUKE YOUNO . I live at Walham-green, and am an auctioneer. About half-past one o'clock in the morning of the 24th of March I was in a cab with Mr. Barnard—we stopped just below the Garrick's Head, in Bow-st.—I was getting out—I tripped from the cab, and felt some one put his arms round me—I also felt his hand or his fingers in my right-hand waistcoat pocket—there was a crowd round—I had a watch and a sovereign in that pocket—I am sure it was the same person who had his arm round me whose hand I felt in my pocket—it was the person who pretended to catch me when I tripped—I am sure it was the same person—there was but one person who touched me—I was sober—after I felt that, I saw the same man making off, and tried to catch hold of him—I had not missed anything; I merely felt the action of the hand in my pocket; I had no time—I did not miss anything till my watch was picked up—I heard it drop—I judged what it was—I then put my hand to my pocket, and it was gone—it was picked up and brought to me.
Cross-examined by MR. O'BRIEN. Q. You heard the sound of the watch on the pavement before you missed it? A. Yes, I heard it the instant I caught hold of him—I stumbled out of the cab—the watch was loose in my pocket—I made a grasp at the man who came to my aid, and heard the watch fall—I was perfectly sober.
COURT. You say you ran after somebody? A. I rushed at him—I had not far to run—he made away in the crowd—I should think it was half a minute after I stumbled when I heard the watch drop—I had got on my feet, and caught hold of the man's coat, and I heard the watch fall—it was then hardly four yards from where I stumbled—it fell directly I got on my legs and made a catch at the man—it was certainly not more than half a minute from the time I got out of the cab till I heard the watch fall.
WILLIAM WEST (police-constable F 106.) At a quarter before two o'clock on the morning of the 24th of March I was in Bow-street—I saw a crowd opposite the theatre—I saw a cab drive up, and the prosecutor got out—he made a stumble as he stepped out—I saw the prisoner rush to him, take him round the waist, and suddenly leave him—the prosecutor went to lay hold of him, and I did so at the same time—as I was passing through the crowd after him I heard something drop—I secured the prisoner, and took him to the station—the watch was picked up by another constable—the prosecutor had got two or three yards from the cab when I heard something drop.
Cross-examined. Q. The prosecutor was a little the worse for liquor? A. Yes—he made a stumble, and was prevented from falling.
to him and saved him from falling, and at the same moment a watch fell upon the ground, close against my feet—I did not see where it fell from, but I saw the prisoner lay hold of the prosecutor round the body, and put his hand into one of his waistcoat pockets—I saw him leave the prosecutor, and the watch was kicked from my feet to the middle of the pavement—the officer took the prisoner.
Cross-examined. Q. Did not the watch fall upon the pavement at the moment of the stumble? A. Yes, and it was picked up at a little distance, where it was kicked to—I saw the prisoner's hand at the prosecutor's right-hand pocket—I cannot say in the pocket, but on the pocket—if he meant to save him from falling his hand would naturally go round him.
GEORGE ALLEN (police-constable F 103.) I was present on the 24th of March. I saw the prosecutor get out of the cab, and all on a sudden there was a rush, and something dropped just by the side of me—I stooped down, and saw it was this watch down upon the pavement
NOT GUILTY .
946. JOHN STONE, THOMAS SMITH , and WILLIAM CAFFLE were indicted for burglariously breaking and entering the dwelling-house of James Smith, about five o'clock in the night of the 16th of Match, at St. Dunstan, Stebooheatb, alias Stepney, with intent to steal, and stealing 1 coal-skuttle, value 15s.; I tea-kettle, 10s.; 1 warming-pan, 8s.; 1 coffee-stew-pan, biggin, 7s.; 3 spoons, 5s.; the lid of a 5s.; and 3 stockings, 6d.; his property; and that Smith had been before convicted of felony.
MR. PRENDERGAST conducted the Prosecution.
JOHN JOHNSOH (police-constable K 296.) On Tuesday morning, the 17th of March, I saw Stone in Catherine-street, Limehouse-fields, between five and six o'clock—there were two men with him—I did not see their faces distinctly, but I saw their dress—Stone had got a copper, with something in it—he was going in a direction from Stepney church, towards the Regent's-canal—I asked what he had got—he said a copper, and he was going to set it at No. 20, in that street—I said I would walk there with him—the other two men walked away on one side—it is my belief that the other two prisoners are the men who were with Stone—Caffle had a light jacket on and a blue cap, and he was the tallest of them, and the other, who was about the same height as Smith, had a long blue coat and a hat on—one of them stepped to the left and the other to the right hand side—when I had spoken to Stone, he said the copper was rather weighty on his shoulder, and asked me to move it—I took hold of it and got it in my hand, and then he started off—I followed him down Catherine-street, springing my rattle—I followed him till M'Gregor, another policeman, went after him, and then I went back to the copper—M'Gregor got sight of Stone before I went back—I saw him run after Stone, and I knew that he was the man I had stopped with the copper—M'Gregor brought him to the bridge—I took the copper to the bridge—in the copper there was a coal-skuttle, a copper tea-kettle, a warm—ing-pan, and a lid of another kettle or saucepan—I searched Stone at the station, and found on him two silver teaspoons, marked G. M. S., and one salt-spoon, and three stockings—one of them is marked Smith—these are the articles—M'Gregor was not bound over to attend—it was quite light in the morning, and I had a distinct view of Stone—I lost sight of him when M'Gregor ran after him—I am quite sure he is the same man—I had a distinct view of him befere he started.
Cross-examined by MR. BRIERLY. Q. Caffle is not dressed now as he was
at first, and you did not see his face? A. No—he had the same dress on when he was brought to the station—Smith has the same dress on now that he had then.
MARY ANN SMITH . I am the wife of James Smith—we live at No. 62, Beaumont-square, Stepney—on Monday evening, the 16th of March, I shut up the house very early, perhaps between six and seven o'clock—I went to bed about eleven—the house was all safe at that time—I was alarmed by the policemen about seven in the morning—they directed my attention to the kitchen door, leading into the garden—I found that door open—I had shut it myself the night before, and bolted and barred it—there was a pane of glass cut out of the window—by doing that, they could lift a piece of wood which fastened the window, open it, and get in—a part of the window-frame was cut—I missed a kettle, a warming-pan, the lid of a stew-pan, a coal—skuttle, and a copper—four haras were lying ready to be taken—two tea—spoons and a salt-spoon were gone, and four shillings—I know these spoons, they have our initials on them—this skuttle and other things are mine—they were all safe that night—our house is in Stepney parish.
COURT. Q. How was that window fastened down? A. A piece of wood fastened it—I did it myself, being alone.
Cross-examined. Q. What time did you fasten it? A. Early—between six and seven o'clock I was alone in the house—the servant came home about ten o'clock—I can swear no person went out afterwards—I arose in the morning when the policeman alarmed me, about seven o'clock—I do not think it was quite seven.
DANIEL PRESCOTT (police-constable K 75.) I received information, and went to the house No. 66, Beaumont-square, which is unoccupied—I found there had been a great deal of trampling about in the garden—I saw there were footmarks in four different gardens—that led me to the house No. 62—I got over the wall of No. 62, and found this coffee-biggin standing on the window-sill—the window was open, and I found several lucifer-matcbes, a small piece of candle, and two metal spoons inside—I saw tallow marks on the window—the window-frame was cut away, and in a cupboard I found this piece of wood, which appears to have been the fastening of the window—the kitchen was in a very disturbed state, and on the table I saw some hams, a boa, and several other things—the clock had just struck six when I received the information, and I went there directly.
Cross-examined. Q. Did you observe the house had been broken open? A. I did—it was about half-past six o'clock when I was there—it was a very fine, bright morning—I believe I was the first person who was there—there was no person there when I went.
THOMAS WATKINS (police-constable K 310.) In consequence of information, I went on Tuesday morning, the 17th, to the house in Beaumont-square, but before that I went to the Five Bells, and found the prisoner Smith there—I asked where he was at half-past one o'clock last night—he said he was along with Wincop—that is the prisoner Stone—I asked where he went to after he left the first bridge—he said, "I shan't answer you any more, you know too much for me"—I took him to the Mile end station, and there took his boots off—I went with them to No. 62, Beaumont-square—I got there about half-past eleven o'clock—I saw marks in the ground very distinctly—I compared the marks with the boots—I made a pressure alongside of the marks that were in the ground—the impression corresponded with the marks that had been made before—these are the boots—they are nailed, with tips to them, and are rather extraordinary boots, having so many nails in them—here
is a nail absent in one row—I measured the distance in the marks, and it exactly corresponded with the absence of this nail—I have no doubt at all that these boots made the marks—I traced them along the ground, and going over one wall, and returning back again—I observed the footmarks of two or three persons—I could not tell which, but there were no others like these—I have known all three of the prisoners for years—I never see them apart hardly.
Stone. Q. How long have you known me? A. Four year—I knew you four years ago in Mill-wall—I know you have been convicted—I have known Smith more than four years.
GEORGE MUMFORD (police-constable K 118.) In consequence of information, I took Caffle into custody on the 17th—I told him I wanted him on suspicion of committing a burglary, in breaking into a house in Beaumont-square—he said he knew nothing about it—I asked if he had been Smith—he said he had not—I took him to the station—I found a skeleton key on him, some lucifer-matches, and a clasp knife—I took his boots off, and went to Nos. 59, 60, 61, and 62, Beaumont-square—I saw marks in all those places—I made impressions with these boots, in the soft mould in different places, and found the impressions I made were of the same size and description as the marks in the mould—these boots are not nailed, but are broken—I observed such marks as these would make—here is a hole in this boot—there were no holes in some of the footmarks—here is the other boot—there is no hole in this—this and the one with the hole appeared to be the marks of the same man—I took this knife, which I found on him, to the kitchen window of No. 62, where I found two marks—I applied this knife to them—it fitted them exactly; and there is also a piece of putty at the end of the knife, and the knife is broken off at the end—Caffle was dressed in a light-coloured jacket, corduroy trowsers, and a blue cap—I found some lucifer-matehes on him, which I compared with what were found on the Window ledge—they appeared to be the same sort—he has changed his dress since he has been here—he was seen in the light jacket and blue cap, by the first witness soon alter I took him.
COURT. Q. There are two holes in the bottom of one of the boots? A. Yes—I could discover these holes in some of the footmarks, but I did not see them in those I made.
Cross-examined. Q. When you put down these boots to make fresh, marks you did not press so heavily? A. I put down the boot with my hand; and leaned the weight of my body upon it—this knife fitted exactly the marks in the window frame—the end of this knife is broken—it was driven in the putty to gouge the putty out—the knife seemed to fit every way—if it had been done with another knife it must have been of the same size.
THOMAS WATKINS re-examined. On the morning of the 17th of March I saw Caffle and Smith on the Britannia-bridge, together, just before nine o'clock—that was after Stone was apprehended—I did not know they were wanted at that time—they were in very deep conversation.
MARK EDWARD JERVIS (police-constable K 312.) On Tuesday morning; the 17th of March, between three and four o'clock, I was in White Horse-lane—I saw the three prisoners in company together—that is not quite fifty yards from Beaumont-square—I am sure the prisoners are the person—I knew them perfectly well before, but not their names.
Smith. Q. How do you know me? A. I have seen you with the other prisoners frequently in Mile End-road, and in the neighbourhood, and another person named Rose—I was on that beat.
, on the 19th Aug., 1844, having been before convicted of felony, and confined one year)—he is the peron.
(John Leppard, a cow-keeper; William Matthews, an appraiser,; and John Richmond, a rope-maker, gave Caffle a good character.)
STONE— GUILTY . Aged 19.
CAFFLE— GUILTY . Aged 19.
Transported for Ten Years.
SMITH— GUILTY . Aged 21.— Transported for Fifteen Years.
SILAS DOLLIN . I am a carpenter, and live in Carburton-street. This bevil and two sash-mortice chisels are mine—they were at Mr. Laurence's, in Tottenham-street, where I was at work on Monday morning, the 16th—the prisoner was working in another shop on the same premises.
Cross-examined by MR. BRIERLY. Q. Do you know a person named Ryde? A. I do—he is the prisoner's brother-in-law—he worked at the same shop as me—the prisoner has worked for the same master the last two or three months—Ryde left a fortnight ago, after the prisoner was apprehended—he attended the Police-court the first day, and then went away—he has not returned to his master since—I do not know whether Ryde wore the prisoner's trowsers.
WILLIAM HENRY HAWKINS . I am a carpenter; I was at work at Ches-ter-square. On the 16th of March I called at the shop, and missed a saw and some chisels—these are my chisels—I saw them safe under my bench, in Tottenham-street, between seven and eight o'clock that morning.
Cross-examined. Q. Do you know the prisoner? A. I believe he is the person who pawned these—I would not swear to him.
JOHN NUDD . I am a carpenter, and live in Marsham-street. I bought a pair of trowsers of the prisoner on the Friday after the 17th of March—I had known him before—I put the trowsers under my bench, and gave them to my son to take home—I worked there that whole day—it would have been impossible to have changed them.
Cross-examined. Q. Do you know Ryde? A. Yes—I worked on the same premises he did, but not in the same shop.
JOHN NUDD , jun. My father gave me a pair of trowsers on the Friday, and I put them in a basket under my bench, in the shop my father works in—I wore the trowsers on the Sunday morning—I found three duplicates in the pocket, one is for these five tools.
JOSEPH HUGHES (police-constable E 149.) I took the prisoner on suspicion of stealing a quantity of tools—he said, "Very well, wait a minute till I go up stairs"—he got his hat, and I took him to the station—as I was going to lock him up he said he wished to speak to me—he said, "One of those three duplicates is for tools that are mine, the bevil and other things; I can bring my father and other witnesses to prove it"—I went back and searched the place, and found twelve other duplicates, all relating to tools—the other tools belong to Ryde's father.
Cross-examined. Q. In what name are these pawned? A. Some in the name of Brady, some Robinson, and one in the name of Lane—the prisoner's sister is living with Ryde—they all lived together.
NOT GUILTY .
948. ALFRED LLOYD and GEORGE NELSON were indicted for feloniously assaulting Henry Anning on the 1st of April, and stealing 1 watch-guard, value 8s.; and 3 seals, 15s.; his goods; And at the time and immediately after, beating and striking him.
HENRY ANNING . I am a carpenter, and live in Chequer-square, Aldgate. On the night of the 31st of March I was in Whitechapel—a woman came and asked me to give her something to drink—it was past twelve o'clock—it was not two—I went to a public-house with her, and had something to drink—I had been drinking—I cannot say I was sober—I know I went into the house, and some person struck me in the eye—I was not dead drunk; I could walk—I cannot recollect everything that was done—I cannot say that I know everything that occurred—if I had been in a sober state of mind I should not have gone into the house—I know part of what was going on—we had something to drink; I do not recollect what—I think I paid for it—I was struck by somebody; I do not know who—I saw Nelson inside the house—when I was struck he laid hold of me, and I felt a check at the guard of my watch—I am sure it was there when I went in, for it was there when I got outside—it was round my neck—when I felt the check I cried out, "Don't rob me"—I went out and called for the police—there were several persons, but I do not know who they were—I think the man that struck me had a light coat—I do not think it was either of the prisoners, but Lloyd struck me outside—Nelson did not strike me at all, to my knowledge—he was inside when Lloyd struck me outside—when I got out I missed my watch-guard and the seals, but the watch remained in my fob—I gave it to the policeman, and told him about the others being gone.
Cross-examined by MR. ROBINSON. Q. You did not see Lloyd till you got outside? A. No—all I saw of Nelson was, he was standing there, and caught hold of me—I said nothing inside that I know of—I cannot recollect striking anybody inside—I will not swear I did not strike Lloyd outside—I cannot swear distinctly that I did not strike anybody inside—I had been quarrelling a little before I went in, but it was only in play—I had no fight with anybody.
WILLIAM CONSTABLE . I am carman to John Hemmins, a corn-merchant, in Elizabeth-street, Pimlico. On the 17th of March I went to Burton-street to my tea at ten minutes past seven o'clock—I might have been at tea nearly an hour—when I returned I fed my master's horses—I saw the coach-house door had been opened—I had left it locked—I did not take any notice of that—it then drew near nine o'clock, and I took a light to go to nail up a board to prevent the ducks getting out in the morning—I found the ducks in their usual place in the coach-house, dead—I had seen them alive when they went to roost at their usual time, about half-past six, before I went to tea—when I went at nine with the light they did not make a noise—I went to look and found two men lying on the ducks, and the ducks were dead—I said,. "Now then, get up, what do you do lying here? I won't have you here"—I held the light over them for a minute or two, but they did not make any move—I had suspicion—I came out, looked the door, aud locked them in—I went to the top of the mews to see for a policeman—in the mean time I heard the men rush against the door—they broke the lock, but could not force the door sufficiently to get out—one of them escaped through a hole cut in the door to
admit light—I sung out for the policeman and ran back—I found Beckett trying to escape—I went into the coach-house and collared him—I did not catch the other, but I had particularly noticed how both the men were dressed.
Cross-examined by MR. DOANE. Q. I suppose you know these ducks very well? A. Yes—whether they were alive or dead at eight o'clock I cannot say.
THOMAS HEMMENS . I am the brother of John Hemmens. I saw the two prisoners about the premises about three-quarters of an hour before the ducks were found killed—I saw them get over some boards—they crossed a field and got into Ebury-street, into premises where they had no business to have been—it was about eight o'clock.
Beckett. Q. Did you see me? A. I saw them both near the premises—they both had caps on.
JAMES FILASH (police-constable B 66.) I took Beckett from Constable about nine o'clock—I found a knife and a button in the coach-house—I have a bag which Constable delivered me—it was found in the coach-house with the ducks.
WILLIAM MILLERMAN (police-constable B 95.) I received information and took Wilson, knowing him to be a pal of Beckett—I told him I wanted him on suspicion of stealing some ducks at Chelsea—he denied it and said he was at the play.
NOT GUILTY .
WILLIAM WINSLOW . I acted as errand-boy to Mr. Inchbold, of Ludgate—hill. On the 31st of Jan. I was there—between eleven and twelve o'clock in the morning the prisoner came and asked if Mr. Inchbold was at home—I told her he was not—she said he had been to Leadenhall-market on the previous night and ordered some things that he was going to send into the country, and she was to bring the lemons there and I was to pay her 4s. for them; if I had not got the money I was to borrow it of Mr. Thornton down stairs—I had seven lemons of her and paid her 4s.
Cross-examined by MR. BRIERLY. Q. Are you butler or clerk to your master? A. No, merely his errand-boy—I got this money from the person below.
Cross-examined. Q. What are you? A. A stationer—if I am not in the office I have an understanding with Mr. Thornton that the boy is to go down and get money on my account, and I am answerable to him for it—I generally leave 1l. or 2l. to buy small things, but if that is gone the boy may get it down stairs—I am not aware whether Mr. Thornton had any money of mine—he might owe me money in the running account, or I might owe him some.
COURT. Q. Winslow was authorised to pay money for you? A. O yes, on various occasions—I never saw the prisoner till the officer fetched me to the Mansion-house—I never sent her to say she was to receive 4s.
WILLIAM MANNING . I am clerk to Mr. Hadley, of Haberdasher's-hall—I am authorized to pay money for him—I had no money of his in hand at that time—when I have not I pay the money and he settles with me weekly—the prisoner came to me on the 4th of Feb.—she said, "Here are the lemons"—I said, "What lemons?"—she said Mr. Hadley had been for some, and ordered six to come there—she said he had taken the others in his pocket, and I was to pay 2s.—I paid it.
Cross-examined. Q. What is your master? A. A solicitor—I do not pay his bills, only petty cash for bird-seed and other little articles—I do not pay for his meat nor for his dessert—I had only a few halfpence of his at that time.
COURT. Q. Does he live there? A. Sometimes he does—he settleswith me once a week.
GUILTY . Aged 15.— Confined Six Months.
Before Mr. Common Sergeant.
LEONARD pleaded GUILTY . Aged 44.
CRAWLEY pleaded GUILTY . Aged 42.
Confined Three Months
Before Mr. Recorder.
GUILTY . Aged 15.— Confined Three Months
Before Mr. Justice Coltman.
MR. BALLANTINE conducted the Prosecution.
JANE THORPE . I am the prisoner's wife—we have been married ten years next Oct.—he is a coal-porter—on Tuesday, the 17th of March, I sent my little girl to him for a penny to get a pennyworth of bread—he came to me about three o'clock in the afternoon, as I was sitting at the Oxford Arms public-house in Church-street, Deptford—I then asked him for a penny—he did not give it to me—he went and brought in a pint of beer—he drank it himself—I had none of it—he then knocked me down, and tore my bonnet and my things off my back—I had said nothing to him, but asked for a penny to get a pennyworth of bread for the child—on my asking him for a penny, he knocked me down—I left the house and went towards Deptford-bridge—he did not follow me, but I heard he was in the Clock-house, and I went to him—he was having part of a pint of beer—this was at night, and quite dark—I cannot tell the time exactly—it might be between six and seven o'clock—he ill-used me two or three times there, and knocked me down two or three times, and I ran out of there—I had only asked him if he meant to give me the penny, and he said, no—I remained all night in the street—the following morning I saw him again at the Coke-ovens—I did not speak to him—I had not time, for he came up and ill-used me again—he knocked me down—about nine o'clock the same night, or later, I went to the Oxford Arms, in Church-street, and the prisoner came in—he beckoned to me a great many times—I did not go to him—he
sent a man to me, and the man said, in his hearing, "Mrs. Thorpe, your husband wants you to go across to him"—I told him to tell him I should not come, for he only wanted to ill-use me—the man came back to me again and told me to go across to him, and said he did not want to ill-use me, he only wanted to speak to me—I got up and went across to him—when I got up to him he told me to drink out of his pint of beer—I did so—he then told me to sit down, he wanted to speak to me—I sat down on his left side, and he asked me whether I had been to the Magistrate—I had not said I would go to the Magistrate—I told him I had not been to the Magistrate—he then put his left arm round my neck and cut me in the throat with his right hand—he held me with his left arm—I could see it was a knife he cut me with—I went outside the door—I was bleeding—he followed me and said he had begun it and he would finish me, and he wanted to be hung for me—it was not a severe wound—I am quite well now.
JAMES FRANCIS . I am the son of the landlord of the Oxford Arms, Church-street, Deptford—on Wednesday, the 18th of March, I saw the prisoner and his wife in the tap-room—I saw them close together—they were quarrelling—I saw the woman with her hand to her throat—I said to the prisoner, "Mr. Thorpe, what are you going to do, are you going to murder your wife, you ought to be ashamed of yourself"—I put my hand to him, and said, "Get out of the way, you ought to be ashamed of yourself, I will go and fetch a policeman"—he did not make any answer, I went and fetched two policemen, but he was in custody before we returned—I followed them to the station-house—as we were going there he said "I do not care if I get three months, when I get out I will do it for you—it is not the first or second time that I have attempted it, "and he said, "If I get seven years, when I come out I mean to do it for you, for I mean to be hung; I mean to do it for you if I am hung for it"—he had been drinking—he was not sober; the knife was taken from him at the station-house—this is the knife (produced)—I think he has been driven to it by his wife; she is a very bad character.
COURT. Q. You say the husband and wife were quarrelling? A. Yes—I was not in the tap-room at first—I did not hear the quarrelling between them—they were in the tap-room, on the left hand side, in the first box—I was in the bar at the time the quarrel began—I was called out—the first thing I saw was the wife with her hand against her throat—it was cut at that time—I think he has been driven to this by her misconduct—she sometimes goes away for two or three nights, and never comes home after he gives her money, and she is a prostitute—I am perfectly satisfied of it, from what I have seen of her since Monday.
EDWARD DOWNING . I am a surgeon, and live at Deptford—I was at the station-house on the 18th of March—I examined the prosecutrix's throat, there was a slight incised wound, about an inch and a quarter long, such as might be inflicted by a knife—there was no danger, it was barely through the skin.
COURT. Q. How deep was it? A. Just through the skin—it did not touch the muscles.
JOSIAH VINCENT (police-constable R 16.) I took the prisoner into custody—he was coming out of the public-house at the time, and I said, "Thorpe, you have been cutting your wife's throat, "he said, "Yes, "and taking the knife from his right hand pocket—he said, There is the knife I did it with; I did it to finish her"—I said, "You must go to the station with me"—he said, "That I am very willing to do, and I hope I shall be hung; I have had no pleasure with her, she will not keep away from me; she causes me to do what I would not, if I get her home she pawns and sells all I have, she goes with
other men, spends her money and gets drunk"—at the station, the knife was lying on the table, and the prosecutrix said, "That was not the knife"—the prisoner said, "I had no other"—the inspector said, "Then you don't intend to deny it?" he said, "I did intend to kill her"—I know the prosecutrix perfectly well, she conducts herself improperly.
MR. DOWNING re-examined. I have known the prisoner some years—he is a very industrious hard-working man—the wife is a most dissipated wretched woman—he is a well-conducted, honest man, who works exceedingly hard—I saw the knife this was done with—if he had been disposed to inflict a wound with all his force, it would have been mortal—at the time he was brought to the station he appeared very much depressed in spirits.
GUILTY of an Assault. Aged 33.— Confined Six Months
Before Mr. Recorder.
MR. O'BRIEN conducted the Prosecution.
JAMES KNIGHT (police-constable R 308.) On the morning of the 15th of Feb. I was on duty in High-street, Deptford—I saw the prisoner in New King-street—sergeant Walton was with me—we went up to where the prisoner was, hearing a disturbance—we found the prisoner scuffling with police-constable James Hastie, since deceased—he was endeavouring to take his staff from him—Hastie had no other person in his custody at that time—the sergeant went to Hastie's assistance, and struck the prisoner with his staff, on his shoulder—I then saw the prisoner take hold of the sergeant's collar—I then assisted the deceased Hastie, to take another one into custody—when I assisted Hastie with his prisoner, Wall struck me with a stick on the side of the eye—I believe the stick was something about the size of a broomstick—I was cut—the skin was divided—the mark is here still—blood followed from it—I applied for a warrant against the prisoner, and he was apprehended on the 30th of March—when he was apprehended he said, "You bloody Knight, you are reckoned up, look out"—Hastie has since been murdered in the streets—he was found in a dying state, about twenty yards from the time spot—I went to Mr. Dowling, a surgeon, on the Monday, and he told me the blow had caught the vein of my eye, and if it had been a little more I should have lost my sight.
Cross-examined by MR. PAYNE. Q. Has he attended you at all? A. No, I have never had any medical attendance at all—before I was struck by the prisoner, he had been struck on the shoulder with the staff.
MR. O'BRIEN, Q. But before he was struck was he not struggling wlth Hastie? A. Yes, to take Hastie's stiff.
WILLIAM WALTON (police-sergeant R 40.) On the morning of the 15th of Feb. last, in consequence of hearing a disturbance, I and Knight went down King-street—we went up and found the prisoner and another, (who has had fourteen days imprisonment,) trying to take Hastie's staff away—in consequence of that, I saw he was in danger of his life, and I took out my staff and hit the prisoner across the shoulder, because there were so many round him—there were more than one striking him, there was the man that had fourteen days for assisting the prisoner in getting his staff away, and there were several more round him, but these two were the worst—when the prisoner was taken away I heard him say that he would do for the bloody police—this happened between twelve and one o'clock on the morning of the 15th, about ten yards from the public-house—it was close by the spot where Hastie was
afterwards found—I think it was six days afterwards that Hastic was found in that state—I saw that Knight's eye was bleeding—I did not see the blow given—I was engaged in taking the other prisoner into custody.
Cross-examined. Q. Did you see a man of the name of Brosanham there at all? A. Not to the best of my recollection—there was a great quantity of people—I do not recollect seeing a man named Botley at all—I do not recollect a man going home with his beer—the prisoner went away with his brother-in-law and another man—who the other man was I do not know—I did not tell them to take him home—I saw them take him away—he seemed to have been drinking, I have not the least doubt—I do not know where he was taken into custody on the 30th of March—I was not there—I had not seen him from the time he was taken away by his friends that night till he was taken into custody—I said not a word about his being taken away—three of us were obliged to take the other man into custody, and he had fourteen days—I do not know anything at all about his striking Knight.
MR. PAYNE called
GEORGE BOTLEY . I live at No. 1, Brunswick square, Deptford—I am a labourer—I labour in Her Majesty's dock-yard—I am carman there for Mr. Hughesden, the chip-contractor—I have known the prisoner eight or ten years—during that time as well as I am aware of, I never knew anything of his bad character—I have been in his company, and he has been quiet enough when I have been with him.
COURT. Q. You never knew of his being in any disturbance? A. On this Saturday night I came out with my beer—I never knew of his getting into any disturbance in the street before—I have heard of the officer Hastie—I have seen him on duty there—I know Knight—their beats were in New King-street, where I saw them—that is close to the dock yard—the Rodney public-house is nearly half-way up King-street—I believe these officers have to deal with the people from the dock yard—I believe they are on the watch near to the dock yard.
GUILTY of an Assault. — Confined Three Years.
Before Mr. Common Sergeant.
GUILTY . Aged 18.— Confined Three Months.
957. THOMAS KENT was indicted for stealing 1 peck of oats, value 6d.; 1 peck of beans, 1s.; and half a bushel of oats and beans, 2s.; the goods of Anthony Blaxland Stransham, his master;to which he pleaded
GUILTY . Aged 31.— Confined Three Months.
958. JOHN BRAZIER was indicted for stealing 5 watches, value 5l.; 8 coats, 6l.; 1 seal, 1s.; 4 spoons, 8s.; 6 military sashes, 1l. 16s.; 10 pairs of trowsers, 1l. 15s.; 3 waistcoats, 6s.; 5 pair of stockings 5s.; and 25 dollars, 5l. 4s.; the property of Henry Hart, in his dwelling-house; to which he pleaded
GUILTY , Aged 25.— Confined Eighteen Months.
carpet bag and four bundles—I saw the prisoner Benfield,—I wished him to carry the carpet bag—I said 300 or 400 yards would be the furthest, and he carried it—I said, "Now I will treat you to a pint or two of beer if you think proper"—we went into a public-house—I paid for two pints of beer—I gave him something to eat—we drank the two pints, of beer, and the prisoner Clark came in—I put my hand in my pocket to pull but money for a third pint of beer, and he saw some loose money in my pocket—I had silver, gold, and coppers together—I went outside, and counted, and I had two sovereigns, fifteen shillings, and some halfpence in my pocket—I put them into my jacket pocket, and sat down—Clark seemed very fond of me, and came and sat by my tight band side—he put his arm round me—I said, "I am not a woman, I do not like that"—Benfield was very fond of me on the other side, and kept putting his hand round me—I said, "You are robbing me"—Clark took my money out, and went off, but he dropped 3s. 6d. on the floor—I ran to take him, but he knocked me down, and ran off so fast nobody could catch him—I am sure they were both together hugging me when Clark put hit hand into my pocket—I swear Clark is the man that robbed me.
GEORGE RHODES . I am a comedian—between one and two o'clock on the 19th of March I was at the Duke on horseback—I saw the prosecutor there, and one prisoner sitting on one side of him, and the other on the other—Benfield was leaning across him—I saw Clark's hand was in his pocket, and on his trying to remove his hand, the prosecutor got up, and said, "You are robbing me"—I saw Clark with some money in his hand, and he dropped" some on the floor—the prosecutor tried to follow him, but he got out—the policeman came, and I gave Benfield into custody—I am sure the prisoners are the men.
ARTHUR MALING . I am a mariner—I was at the public-house—I saw Clark sitting on the right side of the prosecutor, and Benfield on the other—they are the men—the prosecutor complained of losing his money—Clark took him by the throat, and shoved him backwards.
Benfield. I went to the public-house—the prosecutor had but three halfpence in his pocket—he said that was all he had—he asked me to go with him to pawn his things.
GEORGE BRADLEY re-examined, I slept at a house, and I left my carpet bag there—the landlady was to take good care of it—it was worth 50l.—I went up stairs to put a clean shirt on—my bag was unlocked, and I took these things to the brokers—he asked me if I would have anything—I said. "No,"—he said, "You must have something"—he gave me 1l. and said, If you want 5l. or 10l. you can have it"—Benfield did not go into the place—I do not do any business—I am independent—I have the interest of 6000l.—I have lived at Romford for the last fifteen months—I live with a son who keeps a china shop.
Benfield. I went to the pawnbrokers—he received 1l. 9s.—when he lost the money I was drunk and asleep in the house.
Clark. I was not there.
CLARK GUILTY . Aged 29.— Confined Nine Months.
BENFIELD GUILTY . Aged 25.— Confined Six Months.
960. JOSEPH OLKEY was indicted for stealing 1 watch, value 2l., the goods of James Tanner; and 6 shillings, 2 sixpences, 1 groat, 8 pence, 7 halfpence, and 7 farthings, the monies of Hester Clark.—2nd COUNT, stating it to be the monies of Richard Clark.
HESTER CLARK . I am the wife of Richard Clark, who is abroad—I live at Plumstead—on the night of the 26th of March I heard my lodger Pratt come home—somebody else came home with him, but who I cannot tell—I had left my watch and money that night in the sitting-room—I heard somebody go into that room—he went away at a quarter-past one o'clock, and I went into that room immediately after he was gone out—my watch and money, and pocket, were gone—there were 6s. or 7s.—this is the watch—it belonged to James Tanner, and was in my care—it was safe when I went to bed.
WILLIAM LANOLEY (police-constable R 127.) I took the prisoner, from information, on the morning of the 26th—I took him to the station—I found on him six shillings, two sixpences, four pence, seven half-pence, and seven farthings—I asked if he had a watch—he said, "What should I do with a watch?"—I found this watch in his right hand—I said, "It is an unlucky job for you"—he said, "It cannot be helped, "and before the Magistrate he said he had nothing to say.
Prisoner. Pratt was lying on his back tipsy: I took him home; he said, "Old fellow, we will have a flare-up to-morrow; "he took the pocket off the table and gave it me, and the watch.
GUILTY . Aged 25.— Confined Nine Months.
Before Mr. Common Sergeant.
WILLIAM FISHER . I am a grocer, and live at Trafalgar-row, Greenwich. On Friday, the 27th of March, about eight minutes to ten o'clock, I missed a cask of butter, which I had seen safe ten minutes before outside the shop, under the window—it had just been delivered, and had not got into the shop—I saw it found in the street by Austin—it is my property,
THOMAS JEFFERY . I live with Mr. Dowling, a surgeon, of Trafalgar-row, Greenwich. On Friday night I Has shutting up the shop, and saw the prisoner with the butter on his right shoulder—I knew him by sight, and I am sure he is the man—I mentioned it to Mr. Fisher's boy not five minutes after—I saw the prisoner cross the road with the butter, and another one, in a velveteen coat, came and met him—the prisoner dropped the tub, and the other helped him over the fence with it—one of them said, "Look out, Bill," and then they ran—there were three of them ran.
Prisoner. Q. You said at the office I had on a white frock? A. You had a white smock, and a pair of moleskin trowsers, and a cap with a peak.
WILLIAM AUSTIN . I am shop-boy to Mr. Fisher. In consequence of what Jeffery told me, I went down Park-street, I heard the butter being rolled, and saw three persons running away—I found the tub of butter left.
Prisoner's Defence. I was not out of the house that evening; I was with my master from half-past seven till the house was shut up.
BENJAMIN LOVELL (police-constable R 15.) I produce a certificate of the prisoner's former conviction—(read—Convicted in Oct., 1843, and confined six months)—I took him into custody, and was present at the trial—he is the person.
GUILTY .*— Transported for Seven Years.
Before Mr. Recorder.
962. JAMES LAWLOR was indicted for burglariously breaking and entering the dwelling-house of Elizabeth Turner and another, at Lambeth about one o'clock in the night of the 8th of March, with intent to steal.
ELIZABETH TURNER . I am in partnership with my sister Frances, and live at No. 7, Smith's-place, Kennington—we carry on the business of linen-drapers—we have the house on lease—we sleep there—it is in the parish of Lambeth. On Sunday the 8th of March I went to bed about eleven o'clock—my sister slept in the same room with me—we were the last persons up—the servant went to bed just before us—I left the house safe, the windows and all the doors fast—I was awoke between one and two by a screaming, and soon after I heard a cab drive down—some one spoke to somebody, and they replied, and directly after the cab had passed on I heard a window thrown up, and directly polled down again—I was not aware at that moment whether it was in our house or not—I listened for some time, and heard a noise in the drawing-room, directly under my bed-room—I then got out, and walked round to the bed-room door, and listened—I again heard a noise as if somebody was picking a lock, and I was quite sure it was the drawing-room door—I aroused my sister, threw open the window, and called, "Police"—there were no policemen on the beat—I called to the cabmen, who said there were no police, and the cabmen came down immediately from their rank, and they went off for the constable, who came, and got in at the drawing-room window—I saw him do so—I was looking out of window—it was shut down before the policeman got through—he pushed it up, and it opened directly—I had tried the drawing-room door when I went up to bed at night, and I found it right; and when I came down I found it locked, with the key outside—I unlocked it, and turned the key two or three times before I could do so—when I unlocked the door and went in, I found the prisoner in custody in the drawing-room, with the two policemen—my next door neighbour is a butcher, and has a sort of shop or pent-house over the shop—that would enable anybody to get in at my drawing-room window—the scream appeared on the common, and the policemen were called off for that—so the cabmen told me.
Cross-examined by MR. PAYNE. Q. Did I understand you rightly that you tried the door when you went up to bed? A. Yes—I had not been in the drawing-room all the Sunday evening—the top of my shop window projects from the house.
JAMES STEER (police-constable L 41.) On this Monday morning, in consequence of what some cabmen told me, I went to the last witness's house—I got on the butcher's shop which is next door, and by that means got access to the drawing-room window, which I opened and entered—I found the window down and the blind down likewise—I got into the drawing-room and there I found the prisoner, standing on the sideboard by the chimney—he stood concealed, so that we could not see him the first time of looking as there is a nook—the chimney projects—I asked him what he was doing there, and he said he had come for a night's lodging—I looked at the lock of the door—it was partly forced off—Mrs. Turner afterwards unlocked it from the outside and came in—when I got the prisoner to the station I found on him a few silent lucifer matches.
I tried to open it I could not open it without turning it several times—it seemed to have been injured.
JOHN FENN (police-constable L 154.) I got up to the house as the prisoner was being brought out in custody—I went into the drawing-room and searched, and found in the chimney this dark lantern and this screwdriver, some paste, and some brown paper—when the paste is spread on brown paper and put on the window, you may crack the glass and it will fall without making any noise—I took those things to the station—the lantern had the appearance of having been lighted—it was black at the snuff—I produced the things at the station, and the inspector asked me, "Where did you get these from?"—the prisoner said, "I found them"—he seemed to think the inspector spoke to him.
JANE STRATFORD . I am servant to Mrs. Turner. On the Sunday evening, about six o'clock, I was in the drawing-room the windows were closed down at that time—I locked the door and left the key outside—I know nothing of this paste, screw-driver, or dark lantern.
Cross-examined. Q. You did not go into the drawing-room after six o'clock? A. No—there are no shutters—the blinds were drawn down quite close—I know the window was quite down, but I cannot recollect looking at the hasp to see whether it was fastened or not.
COURT. Q. Did you go into the room to see whether it was all shut? A. Yes, I went to see that the windows were down close, but I cannot recollect looking at the hasp—I drew down the blinds—I had never seen the prisoner before.
GUILTY . Aged 18.— Transported for Ten Years.
Before Edward Bullock, Esq.
WILLIAM LEE (policeman.) On Sunday morning, the 24th of March, I was on duty in plain clothes in Battersea-marsh, and saw the prisoner following almost every respectably dressed person who came by—I saw him go up to the prosecutor, who was shooting for nuts with a gun—there was a crowd—the prisoner was covered by two others—I had been watching him an hour and a half—I saw him leave the crowd in a hurry, stopped him, and took this handkerchief from his pocket.
FREDERICK LANGTON I was with Lee—I saw the prisoner go behind Mr. Gabert, put his hand into his pocket, and directly after leave him in a great hurry—I immediately asked the prosecutor if he had lost anything, and he felt his pocket.
GUILTY . Aged 18.— Confined Six Months.
Before Mr. Justice Maule.
964. ELIZABETH NICHOLSON , JANE BURT, alias Smith , and ELIZA RUSSELL, alias Saunders , was indicted for uttering a counterfeit half-crown; they having been before convicted of uttering counterfeit coin.
MESSRS. BODKIN and ESPINASSE conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor of the Mint. I produce a copy of the record of the conviction of Elizabeth Nicholson at this court in Jan., 1844, which I examined with the original—it is correct—( read.)
MR. POWELL. I also produce an examined copy of the record of the conviction of Jane Burt, at this Court, in Feb., 1842—it is correct—(read.)
MR. POWELL. I produce a copy of the record of the conviction of Elizabeth Russell, at this Court, in Nov., 1845—I have examined it with the original—it is correct—(read.)
MARTHA PAINE . My mother is a stationer, and lives in Bermondsey New-road—on the 6th of March, about one in the day, the prisoner Burt, I believe, came into the shop for a sheet of writing-paper, which came to 1d.—I served her—she paid me a shilling—I gave her change, and put the shilling into my till, where I had one shilling and two sixpences—I put it in front, apart from them, as they were at the further end—she left, and West, the constable, immediately came in—I then looked at the till, and found the shilling she gave me was counterfeit—I am certain it was the one she gave me—I had served nobody else—I gave it to the officer—the sheet of paper she bought of me was shown to roe afterwards by West.
Burt. Q. Do you swear positively to me? A. I say to the best of my belief.
MARY GAY . I am the wife of Robert Gay, stay-maker, Bermondsey—on the 6th of March the prisoner Nicholson came for a stay-busk, which came to 1d.—she gave me a shilling—I gave her change, and put the shilling in the front corner of the till, it was not mixed with any other money—Whitlam, the officer, came in directly she left, and I gave him the same shilling—I had not left the till at the time he came in.
Nicholson. Q. Did you not draw some money from the back of the till, saying you thought you had a 4d. piece? A. I do not know whether I said anything of a 4d. piece—I drew the money a little from the back, and finding I had no small silver, I gave her change from my pocket—I did not mix the shilling she gave me with any other—I had four shillings and half-a-crown in the till—I had no occasion to look at this shilling more than any other.
MR. BODKIN. Q. You drew the silver in the till rather forward, to look for something? A. Yes—I placed her shilling separate from the rest, as the other money had been taken the day before—when the officer came, I found the shilling in the place I had put it, quite apart from the rest.
JANE WEBSTER . I am bar-maid at the Mitre, Peptford-bridge—on the 6th of March the three prisoners came there twenty minutes after four in the after noon—Burt called for some rum, and gave me a shilling—she said she had some pence in her pocket, she felt and finding she had not, she said, "I must change a shilling," which she gave me—I gave her change, 6d. and 1d.—I put the shilling in the till—I am quite sure there was no other shilling there—I gave the shilling to Whitlam about two minutes after.
Burt. Q. Did not you put the shilling in the till, and take it out when I said I had coppers? A. No—I had five sixpences in the till, but no shillings—I did not take the shilling off the counter the first time—they all three partook of the rum.
MARY CODLDERY . My husband keeps the Prince of Wales public-house, at Deptford—on the 6th of March, between five and six in the evening, the three prisoners came there—Nicholson called for a pint of ale, which came to 2d., and gave me a shilling—I gave her 6d. and 4d. change—I put the shilling
into the till—I noticed that it had a King's head on it—I am certain of that—they went away—an officer came in directly after, and gave me information—I looked in the till, and found a bad shilling at the corner in front, exactly where I dropped the shilling she gave me—I had not dropped it through a crack—I had not gone to the till after putting it in—there were three other shillings in the till, at the back—I did not notice whether they had a King's or Queen's head—I am sure the shilling produced is the one I took from her—I saw this mark put on it directly after I took it from the till, and it was in exactly the same spot as I put it.
Russell. Q. Did not you take a shilling from a man at the left of the bar-engine? A. I took a shilling from a man—I cannot recollect which I put into the till first—I knew him to be an honest labouring man, and it was Victoria shilling I took from him.
JANE SOPHIA GAIN . My sister keeps a child-bed linen-warehouse, at New-cross, Deptford—on the 6th of March, a little after five o'clock in the afternoon, the prisoner Nicholson came to look at some caps, and then asked for and bought two yards of mourning blonde, which came to twopence—she gave me a half-crown—I examined it and thought it bad—while I was looking at it West came in, and I gave it to him, after marking it—she was given into custody—this is the shilling.
THOMAS WEST (policeman.) On the 6th of March I was on duty in private clothes, in Bermondsey New-road—I saw the three prisoners in company at one o'clock, and suspecting them I watched and saw them go towards Miss Paine's—I saw Nicholson leave the others, pass on a few paces, and go into Miss Paine's shop—the other two passed the door while she was in the shop—when she came out, they turned back and met her, but passed on without taking notice of her—she proceeded on, they followed and joined her—I went into Miss Paine's shop, and received a shilling, which I produce—I still watched the prisoners, and saw them go to Mrs. Gay's—I saw Nicholson go in, and come out—the others passed on—she came ont with a busk in her hand—she passed the other two—they joined her at some distance from the shop—I followed them to Rotherhithe and Deptford, and saw them arrive at Gain's—Nicholson left the others, and went into Gain's shop—the other two went to the window, and looked in while she was inside—I crossed the road to the window, and saw Nicholson put down a half-crown—I then went into the shop, received it from Miss Gain, and took Nicholson into custody—as we went to the station she was very violent, she bit my fingers, threw herself down, and resisted being taken—I succeeded in getting her there—she said, "You have had a good run, but have not got us to rights"—the other prisoners were in custody at that time.
Nicholson. Q. You left me in the shop, how long was it before you returned? A. I left you a few minutes in charge of a publican—the half-crown was never out of my possession.
Russell. Q. The money was all put into one piece of paper, and shown about at the station? A. It was not, it was all marked in the presence of the prisoners before I took it away.
JOHN CARPENTER (policeman.) On the 6th of March, about four o'clock, I saw the prisoners in Broadway Deptford—I saw them go towards Mr. Lyon's shop, and saw Smith give something to Russell—I lost sight of them half a minute—in consequence of information, I watched and saw them at the gateway of the Castle, and afterwards go into the Prince of Wales, and come out—I then went in, and received a counterfeit shilling from Mrs. Couldery—I followed, and saw Nicholson go into Gain's—about fifty yards before they got there, they were all standing in company, and then passed on—Nicholson went into the shop, the other two went to the window and looked in—they
afterwards crossed to the opposite side—I afterwards took Russell—she was very violent, and bit me, tore my coat, and almost tore me limb from joint, and tore her own bonnet and shawl, and said, "You b—, I will give it you"—I found in her hand a sheet of writing-paper—I looked into Mrs. Couldery's till and found three shillings, all of the Victoria coin.
JOHN WHITLAM (policeman.) I was on duty with West, and saw Nicholson go into Mrs. Gay's—the others were a few yards off—they all passed the shop—after she came out I went in and received a shilling from Mrs. Gay—I produce another shilling received at the Mitre, from Webster—I took Burt—Russell was with her—they all resisted.
Burt. Q. Did not you have seven pieces of money in one piece of paper? A. No, I only had the two shillings I have produced—all the money was in separate papers, marked and kept separate.
JOHN FIELD . I am inspector of counterfeit coin to the Mints—this half-crown is counterfeit—the four shillings are also counterfeit, and to the best of my belief are cast in the same mould, they correspond in every respect.
Nicholson's Defence. It is very strange all the witnesses should have the money separate from other money; when talking together at the office the officer said swear to the women, and the Magistrate told him to withdraw.
Russell's Defence. I bought a sheet of paper, which the witness swears to, to write to my mother, to tell her I was out of trouble, at a chandler's shop; I met these two women accidentally; Nicholson asked me to have something to drink; I went in; she was talking to me about my husband, who I am separated from; I do not remember missing Nicholson from our company, but she might go away without my knowing it; I never went to the witness's shop for the paper.
NICHOLSON— GUILTY . Aged. 33.
BURT— GUILTY . Aged 25 Transported for Ten Years.
RUSSELL— GUILTY . Aged 28,
(The prisoners have all been convicted besides at the time charged in the indictment.)
MR. ROBINSON conducted the Prosecution.
CHARLES CHANTRT . I am secretary to the Royal Jennerian Institution, and reside in Orchard-street, Hackney—I have known the prisoner for many years—he was our collector up to the 12th of Dec, 1844—he was then discharged, and Mr. David Hine succeeded him—it had been his duty as collector to receive subscriptions, and to endeavour to obtain new subscribers—our institution is for the purpose of distributing vaccine matter, and to vaccinate all who apply to the institution—we had a set of regular subscribers—the prisoner would have a report in his possession, containing their names—he was paid a per centage on his. collections formerly, and 12s. a week, as all his time was occupied; but latterly he was only engaged in collecting—he had no authority to receive subscriptions since Dec. 1844—Mr. Reeves has been a subscriber of ours for many years—no subscription of his has been paid to me by the prisoner since Dec. 1844.—I received none in Feb. 1846—this card (looking at one affixed to the receipt) is not a card authorized by the institution and this receipt is not one authorized by us, it is quite a different form—I produce one of the forms we use, and which the prisoner was in the habit of using when he was collector—I know Mr. Hine's signature—I do not believe
the signature to this receipt to be his—I know the prisoner's writing, and I believe the body of this receipt to be his handwriting—I cannot swear to the signature being his.
Cross-examined by MR. PAYNE. Q. How long have you been the secretary? A. Between seven and eight years—the prisoner was collector for upwards of twenty years—the institution is conducted by a board of managers consisting of twelve—one of them has a rope wharf—he is not a ropemaker—one is a chemist and one a tailor, and Dr. Epps is one—we have two stations for vaccination—there is another institution, a government one—we have never represented ours as the government institution, nor pretended that we had a great many stations, for the purpose of getting money—I never heard of such a thing and do not believe it—I was a schoolmaster at Watford before I became secretary to this institution—I left there twenty-three years ago—I have since then held another situation for twenty-two years, as school-master at Hackney—I understand that the prisoner was thrown out of a gig while he was in the service of the society—he is crippled—I do not know whether his lameness proceeded from that circumstance or another—after he was discharged he stated that a sum of 41l. was owing to him—I have not seen him since his dismissal—he sent in an account for 41l. by his wife—I never heard him say, that as I would not pay him what was owing to him, he would collect the subscriptions and pay himself—I swear I did not hear him say so—I believe he was a very active collector, and that he advanced the interests of the institution as far as laid in his power—his brother is a life governor—the prisoner is brother to Mr. Chafey, the auctioneer, at Brighton—I do not know of his getting 500l. from a lady of title—500l. was bequeathed to the society by a Mrs. Wakefield, but I do not know that the prisoner was instrumental in that—it came through another medium—we had sent out letters to the subscribers stating the prisoner's dismissal.
Q. Did not you know that be meant to collect before you sent out those letters? A. We might suppose that he would do such a thing, but we could not know he meant to do it—I did not know it—it is usual to send out letters to apprize the subscribers of the change in the collector—we only stated, that from irregularities in our former collector we had dismissed him, and begged the subscribers not to pay him—this is the letter that was put out.
MR. ROBINSON. Q. Had the prisoner any connection with the 500l.? A. No—the lady subscribed previous to that, and he received her subscription, but the 500l. was a legacy, and came through Mr. Trimmer—the national institution does not bear our name—it is called the National Vaccine Institution, and is supported by government—this receipt does not bear the name of that institution, it bears the name of our institution—his commission on the 500l. was the chief item he claimed, but the amount he claims for legacies from the commencement of the institution amounts to considerably more—he claims a commission on a legacy of 25l. of Mr. De Rosa, which was left fifteen years previously—I do not know of his making any claim on that account before he left—the 500l. was left about 1838 or 1839—the prisoner left in Dec, 1844—no claim was made with regard to that 500l., or any part of the 41l. previous to that time—when he was dismissed he was a defaulter—he acknowledged having received several sums—he deducted those from what he said was due to him, leaving a balance of 41l.—that was after he was dismissed.
JOHN REEVES . I reside at Clapham—I have been for many years a regular subscriber to this institution—on the 10th of Feb. the prisoner called at my house, about a quarter-past three in the afternoon—he sent in a card similar to this—I went out to him in the hall, and asked him if he had a receipt—he produced one, signed the name of Hine, I gave him a sovereign and 1s., and he left the house—within a quarter of an hour after he was gone,
Mr. Hine, the regular collector, called, and I said I had just paid the money—I believe this is the receipt the prisoner gave me.
Cross-examined. Q. How long have you been a subscriber? A. About seven years—I had paid the prisoner several times before—I had received a circular from the office not to pay the prisoner, but I did not recognize him at the moment, as he had sent in the card with Mr. Hine's name on it—I was at dinner at the time.
DAVID HINE . I am the present collector to this institution—on the 10th of Feb. I called at the house of Mr. Reeves—he told me he had paid the money, and gave me this card and receipt—this is not a card which I am in the habit of carrying—I know nothing about it—this "D. Hine," on it, is a forgery, and the "D. Hine" on the receipt is a forgery—it is not mine—I did not authorise anybody to sign it—I have been the collector for a year and a quarter.
Cross-examined. Q. Do you know the prisoner? A. No—I never saw him till he was in custody—I was not at all acquainted with the institution before I was collector to it—I was never instructed to clash our institution with the government institution, in order to get subscriptions—my business is only to collect.
MR. ROBINSON. Q. Do you know anything of the other institution? A. Nothing—there is no Mr. D. Hine, collector to that institution, that I know of—I know of no D. Hine but myself.
' JEREMIAH LOCKERBY (police-constable S 180.) From a description I had of the prisoner, I apprehended him on Wednesday, the 4th of Feb.—I asked if his name was Chaffey—he said no, it was not, and asked why I asked him such a question—I told him I was a policeman, and that I apprehended him on suspicion of forgery—he said he had committed no forgery—I asked him if he had ever been a collector to an institution—he said no, he had not—I felt convinced that he was the man, and I took him to the station—he then gave me this document, and said, "I suppose this is what you mean, the Vaccine Institution; I am an innocent man; they owe me 41l., and I will let the public know it"—I searched the prisoner, and took two other papers from him—I found some receipts—I also searched his lodgings, and found this receipt-book, some papers, and a quantity of books—these are the same sort of forms of receipts as the one in question—I asked him if be lived at No. 41, Clarendon-square—he said he did not—he afterwards admitted that he did live there.
Cross-examined. Q. It was fifty-one was it not? A. Yes—he handed me this paper marked A at the station-house, and said, "I suppose this is what you mean, the London Vaccine Institution; this will prove they owe me 41l."—he also gave me this paper marked B—I kept all the papers I found upon him—he said he would let the public know he was an innocent man—two more constables were present when I searched his lodgings, and his wife—he was not there—he was at the station-house.
COURT. Q. What is the name of the person that keeps the house? A. I do not know—the landlady told me the part he lived in, and the wife also. Receipt read—"Royal Jennerian and London Vaccine Institution. Received this 10th of Feb., 1846, of John Reeves, Esq., the sum of one guinea, being a subscription for the year 1846. D. HINE, collector."—The paper marked A was an account of commissions on various sums, with deductions, leaving a balance of 41l. 0s.6d.—the paper marked B was as follows: "We understand that a regular hoax is attempted to be carried into effect in this and other countries, by a company pretending to invest individuals not of the faculty, with a diploma for promoting vaccination, deputing an agent to collect subscriptions,
for what purpose is best known to themselves, and to receive 12s. 6d. for the grant of each diploma, not recognised by Dr. Jenner, not patronised by government, or the Royal College of Surgeons"—upon the card was "I) Hine, collector to the Royal Jennerian and London Vaccine Institution."
MR. CHANTRY re-examined. Mr. John Henry is one of the managers of the Institution—there are twelve on the board.
JEREMIAH LOCKERBY re-examined. I have not kept back any papers that I found upon the prisoner—they are all in court—I have two newspapers that I took from him—he said there was an advertisement in them, containing some remarks against him by the company.
GUILTY . Aged 40.— Transported for Ten Years.
GUILTY of an Assault. — Confined One Year.
Before Mr. Justice Coltman.
MESSRS. PARRY and HAKE conducted the Prosecution.
RICHARD VANNER . I live in Cole-street, Dover-road, and am a clerk—on Friday, the 20th of Feb., I saw the prisoner running along Napier-street, Dover-road, from Kent-street, towards the Dover-road, running after a woman who was walking on the pavement, and calling to her to stop—he stopped her, and turned her against the wall—the first word I heard was his saying to her, "I will knock your b—eye out," and directly hit her in the face with his right fist apparently—the blow knocked her against the wall—he immediately put up his right foot, and kicked her in the lower part of her stomach, in her belly, as she was falling against the wall—he appeared to kick her as hard as he was able—she screamed out, and fell right down on the pavement—he then kicked her again in the same place as near as possible—I was about twenty yards from them—he then turned away from her, to come towards me, then turned back again, and lifted his foot, attempting to kick her again—some women came up, and said something to her which I did not hear—he turned from her, and did not kick her the third time—he then came towards Kent-street, towards me, walking as fast as he could—he passed a woman who said, "You brute, how could you serve a woman in that way? you are no man"—he turned round and said, "You old cow, you ought to be served in the same way"—I then said to him, "You ought to be ashamed of yourself to use a woman in that way"—he said, "You had better go and pick her up"—he went towards the George, in Kent-street—I saw no more of him—I have since seen the prisoner in Horsemonger-lane, and I am certain he is the man—he had on a white smock frock.
Cross-examined by MR. PAYNE. Q. Had you ever seen him before? A. Never to my knowledge, nor the woman—she was about twenty yards before him when I first saw her, and when he called after her I stopped to look on—I did not call for assistance—the prisoner appeared perfectly cool—I will swear the woman was not drunk, not so that she could not walk straight—I did not see anybody else in the street—I was not at the first inquest—when I heard of her death I happened to say I saw it, and was obliged to attend at Union Hall.
MR. HAKE. Q. She was able to walk, that is all you can say about her being sober? A. Yes—I met her—she was coming towards me.
ANN ARTHUR . I am the wife of James Arthur, of Townsend-street, Old Kent-road—on Friday, the 20th of Feb., a little after three o'clock in the afternoon, I was going through Napier-street from Dover-road to Kent-street—I
met a woman walking very steadily along Napier-street—I passed her—she had a basket—I saw a man turn into the street from Kent-street, running and shouting "Ahoy" after her, and when he got up to her, I heard him say, "I will knock your b—eye out"—he struck her as she stood leaning against the wall with his fist on the head—it appeared a very hard blow—he then kicked her violently at the bottom part of her belly—that caused her to fall, and he kicked her again after she was down—I could not exactly see where—I turned and said to him, "You brute, do you call that the way to treat a woman?"—he called me a b—old sow, a b—cow, and used other expressions—I went away—I saw him afterwards in Kent-street at the public-house door—not more than ten minutes after I passed him and he abused me again.
Cross-examined. Q. Were you before the Coroner? A. No—I met the policeman the day the prisoner was to have his hearing, and mentioned that I had seen it—I was afterwards sent for—I did not notice Vanner in the street—I saw a man, and it might be him.
ELEANOR PAYNE . I am the wife of William Payne, and live in Kent-street—I knew the deceased—she was the prisoner's wife—her name was Jane Bridger—she was thirty-five years old—I saw her at one o'clock on Friday, the 20th of Feb., at my own house—I saw her again at half-past three in Napier-street—(I did not see the prisoner)—she was then very much in liquor and could scarcely stand on her legs—she was retching violently—I tried all I could to get her up—there was a great mob—as soon as the stood on her legs she fell, and at times pulled me down with her—she fell a great many times very heavily—she was carried to my house, and was then very much in liquor—she remained there till half-past nine o'clock, then got up and walked home—I saw her next day—the prisoner fetched me to her—she complained of a stoppage of her water—the prisoner fetched Mr. May, the doctor, who attended to her till she went to the hospital, on Wednesday morning at nine o'clock, and died there at twelve.
Cross-examined. Q. Was she in the habit of getting drunk? A. Yes, for the last two years—she was not sober at one o'clock when I saw her—when she fell two young men named Tester tried to carry her home—she struggled to prevent them and got many falls—one of them took her on his back and let her fall into the street, complaining that she had bitten him—four women helped her to my house—she did not complain to me of any injury that day—she walked home—the prisoner fetched me to her next day, saying she was very bad and he had no rest with her—I frequently saw her—I sat up all Tuesday night with her—the prisoner was never out of the way—I saw him at the hospital—he is a sober man—they kept one of my children, and I was often there—I believe it was the prisoner fetched Tester to carry her—I saw a bruise on the bottom of her belly on the Sunday—the prisoner had come at half-past three o'clock the day this happened, and asked me to go and fetch his wife home—I went in consequence of that—about a fortnight or three weeks before this she was brought home in a cab, having fallen and got her head cut—I never saw the prisoner much otherwise than kind and attentive to her—she was often out drinking a great part of the day, and not attending to his comforts—I have known the prisoner a long time and never knew anything but a good character of him.
GEORGE TESTER (examined by MR. PAYNE.) I was examined before the Coroner—I knew the deceased and the prisoner—I saw the prisoner at the George, in Kent—street, on the Friday, and he asked me and my brother to go and help to take his wife home—we went and found her in Napier-street, very much intoxicated, frothing at the mouth, and kicking about violently—I took her on my back, and at the end of Kent-street she bit me on the shoulder, I felt her teeth go through me, and I let her go—she fell on the pavement
I left her with a number of women round her—I have seen her tipsy a good many times.
THOMAS TESTER (examined by MR. PAYNE.) The prisoner asked me and my brother to help his wife homes—she was very drunk indeed, lying on the stones, kicking about—my brother carried her till she bit him, and then he let her fall—I went to the George and told the prisoner we could not get her along, and I believe he went out.
THOMAS RICHARDS (policeman M 44.) On the Monday before the deceased's death I saw the prisoner—he said his wife was very ill and expected to die—I asked what was the matter with her—he said she was drunk, and had fallen down in the Borough and hurt herself—I said it was a very bad job—I saw him again on the Friday—his wife was then dead—I told him the report was that his wife had been injured and kicked—I did not say who by—he said that it was a lie, that she was drunk and had fallen down and hurt herself in the***.
Cross-examined. Q. Did he not say she was very drunk? A. I do not remember his saying "very"—he did not say so—he never went out of the way—he was at the inquest and at the hospital—I saw him every day.
ROBERT GREEN . I am a brush-maker, and live in Kent-street. On Friday afternoon, the 20th of Feb., I saw a woman lying in Napier-street, and the prisoner coming away from her, about twelve yards from her—Vanner said to him, "You must be a rascal indeed to kick a woman like that"—the prisoner said, "Do you want to be served the same way," or something to that effect—he walked off very quickly towards the George—he appeared sober—I went home—several women were round his wife—I did not see what became of her.
JOHN MAY . I am a surgeon, and live in Kent-street. On Saturday, the 21st of Feb., about three o'clock in the afternoon, I was called to attend the deceased at her own house—she was suffering a great deal of pain in the lower part of the abdomen, and complained that she could not pass her water—I did what I thought right—I called next morning—she had passed no water, but her bowels had been relieved—I introducted a catheter and drew off about two pints of fluid, which I could scarcely call urine—I saw her on the Monday—she was still in severe pain, and the difficulty in passing her water continued—I introduced a catheter again, and drew off about three pints of fluid of a urine colour—I bled her that night—I saw her on Tuesday again, and passed the catheter, but did not succeed in drawing more than a table-spoonful—I saw her that evening again and recommended her to go to the hospital—on the Sunday morning I noticed a bruise on the lower part of the abdomen, of a livid colour—it might be three inches and a half in extent—that might be caused by a kick—from what I saw afterwards, that bruise was of the greatest importance—I was at the post mortem examination—there was severe inflammation over the peritoneum, the membrane covering the intestines, and extensive inflammation over the peritoneal surface of the intestines—the bladder was ruptured, but was in a perfectly healthy state, independent of the rupture—the part which lies nearest the belly was ruptured—it would lie nearest to the belly if distended—the external bruise and this internal state of the intestines were related, as cause and effect—the symptoms she complained of were necessarily the result of the internal state of the abdomen—the bruise produced inflammation—the rupture of the bladder was caused by violence—the appearances I first observed might have been inflicted on the Friday preceding.
Cross-examined. Q. Might not the bruise be produced by a violent fall against some projection? A. If she fell right over something projecting, no doubt—I saw the prisoner there every day—he was particularly attentive to his wife.
JAMES STOCKER . I am resident medical officer at Guy's hospital. I saw the deceased when she was brought in on Wednesday, the 25th of Feb, about ten o'clock in the morning—she was then dying—she had a little wine given her, which she swallowed, and died in about half an hour—I was present at the post mortem examination—before making any incision externally, on the lower part of the abdomen, I observed a bruise of from three to four inches, and internally there was extensive inflammation of the membrane covering the intestines—the bladder was ruptured, at the posteria, in the upper part—I consider those injuries were the result of the external blows—from some external injury they must have arisen—a kick would "produce it—falling on a projecting surface with violence might do it—external injury no'doubt caused the rupture of the bladder—I have no doubt the rupture was caused by the injury of which I saw the external marks.
Cross-examined. Q. In what way do you connect the two? are you able to say that but for the external injury, the bladder could not have been ruptured? A. It was a healthy bladder—there was no chronic disease—I believe the prisoner brought her to the hospital in a cab—he did not object to the body being opened at all.
GUILTY of Manslaughter, Aged 28.—Recommended to mercy. — Confined Twelve Months.
Before Edward Bullock, Esq.
968. ANN BARRY was indicted for stealing 1 stock, value 1s. 6d.; 2 comforters, 1s. 6d.; 1 pen-knife, 1s.; 5 handkerchiefs, 2s.; 1 pair of stockings, 6d.; 2 night-caps, 6d.; 3 pairs of mittens, 8d.; 1 spencer, 1s. 6d.; 2 collars, 1s.; 1 shawl, 1s.; 1 pair of boots, 1s.; 1 brooch, is. 6s.; 1 pair of compasses, 1s. 6d.: 1 wafer-stamp, 1s.; and 1 thimble, 6d.; the goods of William Richard Croggon, her master.
ELLEN CROGGON . I am the wife of William Richard Croggon, of Cottage-green, Camberwell. The prisoner has been in my service seven weeks—on the 26th of March I missed a brooch, a locket, and a ring, from my looking-glass drawer—I did not miss it till my daughter did—I knew it was there, because she kept it there—that was where I expected it to be—I spoke to the prisoner about it—she said she had seen it there some days before; she did not know where it was—I proceeded to search her box—she was present, and took the things out herself—it was not locked—I found a variety of articles in it—I found a child's spencer, and a shawl pinned up is the sleeves of her dress—they were all my husband's property—the prisoner said she picked them up in the dust-hole—they certainly would not have found their way to the dust-hole unless she put them there—I proposed to her to undress—she resisted—Mr. Croggon said he would send for a policeman—she then undressed in my presence, and I found round her waist a small worsted comforter, which was stuffed full of different articles—there were some muslin collars and a small silk handkerchief—she said she found them in the dust-hole—a policeman was sent for, and she was given into custody—I know these articles—they were found about her person and in her box—this brooch, gilt chain, silver thimble, and pen-knife, are the property of Mr. Croggon.
WILLIAM STEVENS (policeman.) I was called to the prosecutor's house on the 26th, and received these articles—the prisoner said she had found them in the ashes in the dust-hole, she had not stolen them.
ANN THOROGOOD . I am the wife of a policeman, P 108.—I search females at the station. On the 26th I searched the prisoner—she said she had not got anything—I found a brooch, a silk handkerchief, a gilt chain, a pen-knife, a seal, and two pairs of mittens under her clothes—she said she had found them in the dust-hole.
Prisoner's Defence. I did not take this brooch from the house; I found it with the other things in the ash-pit; I should not have thought it worth my while tos teal them; they were of no value.
GUILTY . Aged 20.— Confined Twelve Months.
ATKINSON SAMUEL NICHOLLS . I am assistant to James Joy, a hosier, at Lambeth. This roll of flannel is his property—I know it by a private mark—on the 1st of April, about half-past three o'clock, it was safe, four feet inside the shop door—in about half an hour I missed it—I went immediately to the station, and found it there, and the prisoner in custody.
HENRY HART (policeman.) On the 1st of April, about four o'clock in the afternoon, I was on duty in the Westminster-road—I saw the prisoner go up Hercules-buildings, about forty yards from the prosecutor's shop, with thisroll of flannel on his shoulder—a gentleman stopped him—I overtook him, and took him into custody—I asked where he got it—he said he had it given him by a person at the top of the street—I asked if he knew who the person was—he said, "No, the party went down the Westminster-road again"—this is the same flannel—I have known the prisoner three weeks, but never knew anything against him.
Prisoner's Defence. It was given me to carry, and I was glad of the job.
GUILTY . Aged 15.— Confined Four Months.
970. HARRIET MARSHALL was indicted for stealing 5 3/4 yards of ribbon, value 2s.; 5 yards of velvet, 3l.; 3-8ths of a yard of merino, 12s.; 1 pair of gloves, 2s.; 1 shift, 12s.; 1 night-gown, 6s.; 3 napkins, 1s.; 20 drawings, 3l.; 1 box, 9d.; and 3 reels of cotton, 3d.; the goods of Francis Chambers, her master; to which she pleaded
GUILTY. Aged 20.— Judgment Respited.
SAMUEL MEEK . I am in the service of Charles Grote, who lives in Clapham New-park. On the 13th of March I was going up stairs, about a quarter past four o'clock in the afternoon, and saw the prisoner in the hall, with my master's coat on his arm—I called out, and he ran away—I ran after him—he threw the coat down, and ran round the green-house, and made his escape at the front gate—another man stopped him—he is the same person—I saw him take a miniature and case out of his pocket, and throw it over the gate into the garden—I took him into the kitchen and sent for the policeman—this is my master's coat—this is the miniature—I picked it up out of the walk where I saw the prisoner throw it—it is the miniature of my master's youngest brother—this handkerchief and pair of gloves were in the coat pocket.
THOMAS TOWNSEND . I am servant to Mr. Wilkinson who lives opposite Mr. Grote—I saw the prisoner running, and I stopped him—he begged for mercy, and that I would let him go—I said I could not—he made a slight resistance to get away—I asked the prisoner what he had in his pocket—he took this miniature from his pocket, and threw it over the gate—I went with him into the kitchen—he begged we would let him go.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 23.— Confined Twelve Months.
WILLIAM HALL . I am a stuff agent, and live in Wood-street, Cheapeide—on the morning of the 4th of March I was on the Surrey side of London Bridge, and heard a scuffle—I turned, and saw the prisoner in custody of two gentlemen, one of whom said the prisoner had picked my pocket, and I saw my handkerchief on the Hags—it was picked up, and given to me—it was mine—he was let go—the policeman pursued, and took him Again—this is my handkerchief.
JOHN ATTERLEY . I live at No. 129, Lant-street—about a quarter past nine o'clock in the morning on the 4th of March, I was riding on a cab opposite the Bridge-tavern—I saw two gentlemen had got hold of the prisoner, and he dropped a handkerchief—I went on, and saw the policeman—I told him, and he ran—I saw the prisoner drop something out of his hand—I had seen him lay hold of the gentleman's pocket, but whether he took anything I cannot say, but he dropped this immediately, and the prosecutor took him directly.
Prisoner. Q. Why did you not take me? A. Two gentlemen had got hold of you—I saw you lay hold of the gentleman's pocket, and you dropped this.
Prisoner. Two gentlemen caught me, and they said it was not me that took it; they let me go, and I went on.
GUILTY . Aged 17.— Confined Twelve Month.
Before Mr. Common Sergeant.
JOSEPH SMITH . I live at Lambeth—my wife is a laundress—on the 4th of March, about six o'clock in the evening, I was in my kitchen, and heard my wife's voice call out, "Thieves!"—I ran out, and saw the prisoner come from a dust-yard adjoining my premises—he ran to Newport-street, where he was stopped by a gentleman named Payne—when I took hold of him, he said, "Oh, Smith, do you think I am come to rob you?"—I took him to my house, and gave him in charge—one sheet was dropped in the yard, but I did not see him drop it—I should think he was not one hundred yards from the yard when I first saw him.
ANN DEAN. I am servant to Mrs. Smith—about six o'clock in the evening I was in the yard assisting my mistress with the linen—she called me to help her take the sheets in—I heard the peg basket rattling—I crept round slowly, and the prisoner had got one sheet rolled up—he was in the act of taking another, and rolling it up—I looked at him, and he looked at me for I suppose a minute, and then he jumped over the fence—he dropped one sheet, and the other was half-way over the fence.
Prisoner. Q. You said you could not see mp, the sheets hid me? A. No—I said he had left one sheet on each side—I got between the sheets, and saw him distinctly.
Prisoner. I never was within thirty yards of the place—she refused to take her oath three times that I was the person.
Witness. The first time I did refuse, because I was rather confused—I had no doubt of his being the man—I gave the same evidence that I do now, but I did not exactly understand it.
Prisoner's Defence. If she saw me get over the pales, was it possible for me to have got three hundred yards? When Mrs. Smith came in she said, "We have lost nothing, give him a hiding, and let him go;" Mr. Smith said, "No, no, keep your fist out of his face, and take him to the station;" a policeman came, and he gave me in charge; there was nothing lost; I was never in that yard; I was walking quietly with my hands in my pocket; the man said, "I do not see anybody but you," and laid hold of me.
HENRY BUCKLAND (police-constable L 73.) I produce a certificate of the prisoner's former conviction at this Court, (read, Convicted on the 7th of July, and confined six months)—the prisoner is the person.
GUILTY . Aged 23.— Confined One Year.
GUILTY . Aged 26.— Confined Three Months.
GUILTY .* Aged 32.— Transported Seven Years.
ROBERT BARKER . I am shopman to Mr. Joseph Rodrick, of Chapman-place, Dover-road—on the 28th of Feb., about twelve o'clock, I was serving in the shop—a boy told me something—I ran up a court, and spoke to a policeman—I missed a hearth-rug—this is it.
HENRY RAWLINS . I was in the prosecutor's shop—I ran out, and met the prisoner a little way up Kent-street, with this hearth-rug under his arm—I gave him in charge—he had not bought the rug of me—he said two boys threw it down at his feet, and he picked it up.
SARAH ANN NASH . I live in Devonshire-buildings—I saw two boys come round the corner with a rug—they gave it to a man—he took it, and went down Kent-street—they were four doors from the prosecutor's house.
CHARLES WHITE (police-constable M 246.) I took the prisoner and the nig—I did not see the two boys—I stopped the prisoner, and asked him how he came by the rug—he said he was standing in the court, when two boys ran by, and threw it down, he took it up, and some women came by and said it was stolen—he said, "Very well, I shall keep it till there is an owner."
Prisoner. I was in a public-house, I came out after having half a pint of porter; I saw two boys running towards the Borough; one of them threw a hearth-rug down at my feet, two women were coming by and saw it.
COURT. to SARAH ANN NASH. Q. You saw these boys coming in a direction from the prosecutor's shop with the rug? A. Yes, and they gave it to a man—they went down a court, and the man carried it—this was a little after twelve o'clock.
Witnesses for the Defence.
St. George's workhouse—a young woman who is coming aa a witness lives there with her brother and sister, who have a milk-walk, and the young woman serves the milk at home—I have a room up stairs—I was going down Kent-street last Saturday five-weeks, between eleven and twelve o'clock—I saw the prisoner come out of the Black Horse public-house—two lads van past him and threw down something at his feet—he had not got many steps out of the public-bouse—we saw him stoop and pick it up, we crossed and I said, "Young man you had better not take it, nor have anything to do with it; I think it is stolen property by the lads running so fast"—he said, if it was stolen he should keep it till such time as it was owned—I did not see Nail—we stood watching the prisoner five or ten minutes—he never offered to move, only walked very gently—I did not see him taken—about a fortnights ago I was standing talking to Ann Sweeney, she told me she knew a young man taken for a hearth-rug—I asked her what sort of a young man, and she told me—I said, "I saw a young man pick up a hearth-rug in Kent-street"—she said he was fully committed, and told me where to go to find his sister—I went to Bermondsey—his sister, Ann Connolly, came yesterday and asked if I would come and say what I had seen—my mother takes in washing—I go to help her—I am living by myself—I never saw the prisoner to my knowledge before that day.
MARY ANN M'CLEOD . I live at No. 7, Mint-street, as servant with my brother—he is a milk-man—Hall goes out washing and cleaning, she mostly works for her mother—she did live up stairs at my brother's—my brother is married—I think it is five weeks ago last saturday, I was going up Kent-street, to buy something for dinner, and saw the prisoner come out of the Black Horse—two boys ran by and threw a hearth-rug down at his feet—he stooped and picked it up—I said, "Young man, if I were you I would not have anything to do with it, I think it is stolen, by the manner the boys ran away"—he said, "I shall take care of it till it it owned"—he staid there five or ten minutes—I did not hear of his being taken before the Magistrate till teat week, when a man and woman were talking about it in a public-house, in Kent-street, they said they saw a young man taken up for a hearth-rug—I asked what time of the day—they said between eleven and twelve o'clock—I asked what sort of a young man—they described him, and I said, I saw it—I did not know the man and woman—they said his name was James Connelly—I heard he was fully committed to take his trial, that is what brought me here—I never saw the prisoner to my knowledge before, mat any of his family—I never heard that he had got a sister—I do not know Ann Sweeney.
GUILTY . Aged 24.— Transported for Seven Years
MR. ROBINSON conducted the Prosecution,
RICHARD MEDHUBST . I am a hair-dresser, and live in Bridge-street, Lambeth—on the 6th of Feb., between three and four o'clock in tha morning, I was in a public-house in Westminster, drinking with a female—I saw both the prisoners walking in the Westminster-road—Martin was in my company in the public-house—I came out in her company—I got in company with Leach directly afterwards—I went and gave them a pint of wine—I then went with them to a coffee shop in the Westminster-road, and gave them some breakfast—it
was then between five and six o'clock in the morning—we sat together in the box—Leach sat next to me, and Martin opposite—I was very much intoxicated, and went to sleep—they roused me up and the landlord asked me to pay for the refreshment—I had a gold lever watch, a gold brequet-chain, a gold neck-chain, about four sovereigns, and some silver—the watch and chain I had for certain when I went into the coffee-shop—I paid for the refreshment and went to sleep again—there was a slide on my guard-chain—the brequet-chain hung loose in my waistcoat-pocket—I was awoke afterwards and asked if I had not been robbed—I looked and found the guard-chain hanging loose round my neck—my watch and brequet-chain were gone—they were worth about fourteen guineas—my guard)-chain had been cut—they had put the ends inside the pocket, but having nothing attached to it it dropped out.
Cross-examined by MR. BALLANTINE. Q. What time did you join Martin? A. About three or four o'clock—after I had shut up my shop I met an acquaintance, and had been drinking three or four pints of wine—we went to the Caledonian coffee-house in Westminster-road—there might have been another woman, but I believe not—I had not been in that coffee-house before—I think it was the coffee-house keeper asked me if I had been robbed—I cannot recollect—I was sober enough when I went before the Magistrate—I cannot say whether there were other females there—there is one female who is remanded, who acknowledged to having received the watch from Leach—she was charged as a receiver, but not sent here.
MR. ROBINSON. Q. This is an early breakfast-house? A. Yes—it is mostly a "mechanical" house—I never saw the other woman who has been taken in charge to my knowledge—I charged her with being concerned in it—I never said she was with me and took the watch.
RICHARD HOLT GIBBS . I keep the Caledonian coffee-shop in Westminster-bridge-road—I recollect the two prisoners coming there with Mr. Medhurst, about twenty minutes before six o'clock on the morning of the 6th of Feb.—I had opened about a quarter past five o'clock that morning, which is my usual time—they had some refreshments—when I took it to them the prosecutor was asleep—one of the prisoners roused him, and after some few minutes' hesitation he paid me—I noticed a chain round his neck and a small chain with something hanging to it—I did not notice anything particular about the prisoners at that moment, but shortly afterwards they were whispering together some few minutes, and Martin got up and took two papers from the table—each of the prisoners read one—they held them across the table nearly to meet each other so that I almost lost sight of Mr. Medhurst for some minutes—I then missed the chain from his pocket, and sent my boy for a policeman—he could not find one—the prisoners then got up and were going away—they left the prosecutor asleep—I followed them to the door and saw a policeman—there was nobody else there between my seeing the chain safe and finding it gone—there were thirty or forty in the room, but not in the particular box they were in—I awoke the prosecutor, and he missed his watch.
Cross-examined by MR. DOANE. Q. Martin stepped from the box where she was and took up the newspapers? A. Yes, she just lifted up the two papers and returned—there was no man in the box she went to—she took the papers and gave one to Leach.
GEORGE MARTIN . I am servant to Mr. Gibbs—I saw the prosecutor and the prisoners—the prosecutor fell asleep—I saw Martin have her hand in his waistcoat-pocket—I noticed he had at that time a little chain with a horse's head on it, and a guard-chain round his neck—I looked at Martin and she turned very red—in a few minutes she got up and went to another box where there were some men—she gave Leach a paper—I was then sent for a policeman—I found one, but he was not on duty—I afterwards saw the prisoners
get up, leaving the prosecutor asleep—they said, "It is all paid for"—I found a knife and a watch slide under Martin's feet—I put them on the table, and gave the slide to the policeman.
Cross-examined by MR. BALLANTINI. Q. Did you see the prosecutor awoke to be asked to pay for the refreshment? A. Yes—it was after that I saw the hand in his pocket—I did not see where he took the money from—I saw my master give him change—there was no other woman in the room—there were a good many men sitting in the boxes—I did not see any standing.
Cross-examined by MR. DOANE. Q. You saw Martin leave the box and go to get the newspapers? A. Yes, she went to the opposite box—she did not go directly back—she stood for five minutes reading the newspaper, where the men were, and then went back to her own box—when she got of to go away, there was a general scuffle amongst all those men—my master said there had been a robbery—the men got up and surrounded the women.
MR. ROBINSON. Q. Did you miss the brequet-chain? A. I saw the horse's head was away before there was any scuffle—the scuffle was at oue end of the shop, and the prosecutor was asleep at the other end—I had not seen any of the men near the prosecutor—the prisoners were sitting in the box with him.
GEORGE CRICK (police-constable L 40.) About a quarter before seven o'clock in the morning, I was called to Mr. Gibb's coffee-shop—I saw the prisoners coming out at the door—I stopped them, and told them it was on suspicion of robbing a gentleman inside—Leach said she must go round the corner—I told her she could not until I knew what bad become of the property—they both pulled, and we all fell down—several persons came up, and the prisoners succeeded in getting away—but they never got out of my sight—I took them—they got ten or twelve yards—there were persons round them and persons between me and them—they might hate passed anything from their hands to some one else, without my seeing it.
COURT to GEORGE MARTIN. Q. Did you see the chain safe after Martin left the box? A. No, I saw it safe after her hand had been at the pocket.
JURY. Q. How long before the scuffle did you see the chain? A. About ten minutes, I think.
NOT GUILTY .
979. ANN KNAPP was indicted for stealing 1 towel, value,3d.; 1 dish, 4d.; 2 pairs of boots, 13s.; and 5 pairs of shoes, 18s.; the goods of James Dawson her master; and THOMAS KNAPP for receiving the same, well knowing them to have been stolen.
FRANCES DAWSON . I am the wife of James Dawson, a boot and shoemaker, at Newington-causeway—Ann Knupp lived with me as a general servant—I have missed a number of boots and shoes—I know these to be mine—Thomas Knapp came there occasionally—they say the prisoners are husband and wife, but Ann came to me as a single woman—Thomas had no access to our warehouse, but Ann had—I believe these articles to be my husband's—I have not sold such.
WILLIAM RICHARD TUCKWOOD . I am shopman to Ann Aldridge, a pawnbroker, in Orange-street, Bloomsbury—I have some shoes which I took in of Thomas Knapp, on the 5th of March, in the name of John Jones—I am sure the prisoner is the man.
JOHN MAY (police-constable M 207.) I saw Ann Knapp at seven o'clock in the morning of the 6th of March, come to the prosecutor's door as soon as the shop was opened—she seemed to have something under her apron, which was thrown over her arm—she ran to court about fifty yards from the shop, to where Thomas Knapp was waiting—I saw her deliver some small parcel to him—they stopped a few minutes—she ran back to the shop, and Thomas Knapp went by a circuitous route and I lost him—next morning I watched again—the woman came three times to the door—she looked about in all directions—the third time she saw Thomas Knapp—she beckoned to him, and gave him a parcel, which I and my brother officer took, and found this bread and other things in it, and on Thomas Knapp we found duplicates for these boots and shoes.
Ann Knupp's Defence, I did not give him anything on the 6th of March; I saw him, and told him to bring me a cap, which he did the next day; I only went once, and he gave me a work-box and some other articles; I gave him some pieces of bread and potatoes; my mistrees said I had better have fried the potatoes, and I said I would give them to some poor person; it is only spite, because I was going to leave; I would not stop in her place if the gave me 100l. a year.
ANN KNAPP— GUILTY .
THOMAS KNAPP— GUILTY .
Confined Six Months
ANN WEEDON . I live in Carter-street, Houndsditch, and travel the country with caps—I was at the Rose and Crown, at Wandsworth, on the 11th of March—I had some refreshment—I left between eleven and twelve at night—I was followed by the prisoner, who said it was too late for me to go on, and a man who had been in the public-house drew his hand across my mouth, and blackened my face, and one of them pulled my bonnet—I had another female with me, whom I had met in the street, and took her in to have some refreshment—these men followed me, advising me not to go into town, as it was late, but to go to a place they would take me to, where I could sit with safety till the morning—it was a shed in a yard—I consented, is I had no other place to go to, unless I came to London—when I got part of the way, the prisoner, who was with me, put his arm round me, and said he must have what I had—I had nothing but a small parcel, and the money in my pocket—he tore the pocket from my side, and the bundle from my hand, and my shawl off my neck—I ran away, screaming "Murder!"—he tore my gown in getting my pocket—I had a half-crown piece, one shilling, and two halfpence—he took that, pocket, and all—I saw him go into a house in the court, and I heard a loud laugh—I went to the next house I saw lighted, and saw two men with their hats on—I begged them to get an officer—they went to the station-house with me—I related what had happened, and the policeman went to the house with me—he found the things afterwards—the prisoner is the man—I told the constable I could swear to his voice.
Cross-examined by MR. DOANE. Q. I believe the prisoner and several navigators were in the public-house, and they played tricks with you? A. Yes—I had a small comb, and a thimble, and a small bit of raw pork in my pocket—a pair of scissors, and two or three small articles—I went up the yard—I did not intend to sleep there, but to go out of sight of the police—there was no place in the town that I could lodge in—I had had that half-crown from the Tuesday before.
RICHARD WHITE (police-constable V 67.) I went to Matin's yard with the prosecutrix—she pointed out where she had been robbed—I went into a water-closet, and found the prisoner—directly he came out she said, "That is one of the men"—we went into the house—I asked the prisoner if he had any money—he produced this bag—I turned it out, and found a half-crown in it—the woman said, "If it it mine, it has two dents On the edge," and it hat two dents—the prisoner said he got it from his master, and he had not seen the woman.
Cross-examined. Q. Did you not swear before the Magistrate that Weedon said, "That is my half-crown, it has got a dent on the edge?" A. Yes I found the prisoner, with only his trowsers on, as if he had just come down from bed—it was between twelve and one—there were four of five navigators living in the house.
CHARLES POVEY (police-constable v 82) The prosecutrix came to the station—she bad been drinking—I went with her to the house in the yard—the prisoner was taken—I went afterwards to the spot—I found this shawl, and bonnet, and other things, in a corner of the shed where she described the prisoner wanted to take her—I found everything except the money—she said positively the prisoner was the man.
NOT GUILTY .
WILLIAM MAINE . I am in the employ of the Vauxhail Water-works—Mr. Nicholas Harvey and his partner are contractors to take down the engine-house—on the 14th of March, about eight o'clock at night, Webster gave me information—I went to the "draw-off" and saw a portion of iron called loops belonging to the engines-that iron belonged to Nicholas Harvey and his partner'—I saw Pearson go down the dock and when he came up I took him—Webster came up and identified him—I left him in charge—I went up the dock and saw two persons commc down—they saw me, and ran—I went and took Smart, who was one or them—the other got away—they had no business in the dock.
MARK WEBSTER . On the 14th of March I was at Vauxhall Water-works about half-past seven o'clock—I saw the two prisoners and another with something very large and very heavy in a bag—I watched them—I went down a road which I thought they would take—they laid down their bag under a wall, and left it concealed—I followed them and gave information'—they were afterwards taken—I am sure the prisoners are the men.
Smart, He said he did not know me? Witness. I had known him before and knew Pearson for some years—I am sure Smart is one—I saw them for an hour before, round the back of my house—I thought they were going to rob me.
PEARSON— GUILTY Aged 24.
SMART— GUILTY . Aged 20.
Confined Four Months
982. PHŒBE SADLER was indicted for stealing 10 yards of cashmere, value 10s.; 9 yards of cotton, 4s.; 14 yards of cloth, 15s.; 60 yards of net, 3l.; 1 handkerchief, 5s.; and 1 1/2 yard of silk, 10s.; the goods of James Vickridge: and 11 yards of cashmere, 19s. 6d.; the goods of Robert Holton; to which she pleaded
GUILTY .— Confined One Year.
(The prisoner received a good character.)
MR. DOANE conducted the Prosecution,
JAMES CUDDY (police-constable L 20.) On the 23rd of March, in consequence of information, I followed the prisoner, and found him standing at a fruit-stall on the Surrey side of Waterloo-bridge—there is a toll-house which they allow him to put his things in, as they have not much use for it—I desired to see what he had in the toll-house—I went in and a cupboard was opened—there was some property in it which the prisoner said belonged to him—I took out this sack amongst other things, and found the prosecutor's name branded on it, "Simmonds and Morton," in large letters—I asked the prisoner where he got it—he said from a little boy that went with one of Mr. Morton's teams, one wet morning, to keep the rain off—I made inquiries at the prosecutor's, then returned and took the prisoner and the sack—this is it.
FRANCIS PRATT . I am in the service of Mr. John Simmonds and one other—they are millers, and live in Belvidere-road—this sack is their property—I have seen the prisoner on our premises, in the yard where the stables are—he had no right to have my master's sacks—this sack is worth about 2s. Carter is the only boy we have to go with the team.
JAMES CARTER . I go occasionally with the prosecutor's teams—I never gave or lent this sack to the prisoner—I have seen him about my master's yard—I saw him under the gate about a week before he was taken.
Prisoner's Defence, I have often been in the yard on business; one morning when it rained very hard I met a boy and asked if he would lend me a sack; he said there was one on the cart, I might take it if I brought it back at night; I forgot to bring it back.
GUILTY .— Confined One Year.
(There were three other indictments against the prisoner.)
MENDLEWITZ MYERS . I live in London-road, and am a general dealer. On the 4th of March I had a number of pairs of braces hanging outside my shop—about two o'clock I was told something—I looked, and missed a few pairs of braces—I could not say how many—they have not been found, but I know I lost them.
JOHN EASTEBBROOK . I am shopman to the prosecutor—on the 4th of March I was standing outside the shop—I saw the prisoner run by and take several pairs of braces off the gas pipe—I could not go after him at the time because there was nobody outside but myself—in about five minutes he came back and looked into the shop—I told the young man, who ran and took him—I am sure he is the lad who took the braces.
WILLIAM MORTON (police-constable P 289.) I produce a certificate of the prisoner's former conviction at this court by the name of William Cummins—(read—Convicted 12th May, 1845, and confined three months)—he is the person—I bad him before for threatening to stab his mother, and then for stealing a quantity of books—he has five or six little boys under him and they go out every evening—he has a good home to go to, but he sets them all at defiance.
GUILTY . Aged 14.— Transported for Seven Years.
MARY ANN KING . I am the wife of George King—we life in Essex-court, Borough—on the 18th of March, about nine o'clock in the morning, the prisoner came to our house for a bed—I missed her at five o'clock the next morning—I also missed my shawl, counterpane, my cloak, and 2s. 6d. that was in my pocket—these are the articles I missed.
Prisoner. I went to lodge at Mrs. King's; I gave her half-a-sovereign for the clothes, and then she asked me to give her the money back again; she wanted me to go on the town to get money for her, and the pawned my frock.
Prisoner. She did, and I gave up my lodgings before I would go.
GUILTY . Aged 20.— Confined Six Months.
MARY STEWART . I am nine years old—I live at No. 88, Union-road, Albany-road, Camberwell—on the 26th. of March, about twelve o'clock, I was going with my little brother's dinner—I saw the prisoner taking the bread out of Mr. Stevenson's barrow—I knew the prisoner by sight about there—I went and told Mr. Stevenson.
Prisoner. Q. Did you see me take the bread? A. Yes—there were no other boys there—the other two boys were on the opposite side.
WILLIAM MURRAY . I work for Mr. George Stevenson. I had this barrow out between eleven and twelve o'clock—I had occasion to leave the barrow for about a quarter of an hour—I returned, and missed a quartern and a half-quartern loaf—I saw them brought back, soiled with mud—I knew it to be my master's.
Prisoner's Defence. I went round the Kent-road, and saw two or three boys; one of them ran to the barrow, and took a quartern and a half of bread out of it; he ran away, and this girl went and told the baker, and for fear I should be taken I ran off.
GUILTY Aged 17.— Confined One Year.
Before Mr. Recorder.
GUILTY Aged 38.— Confined Six Months.
WILLIAM COTTAH (police-sergeant G 10.) I stopped the two Kennards in Silver-street, Clerkenwell, on the 4th of March—Jonathan Kennard was carrying this carriage-lamp, tied up in a cloth—I asked what they had got—William said, "A carriage-lamp," and that he got it from Mr. Dixon's, in a mews in Guildford-street, Russell-square—on the way to the station William said he had it from Black well, who was at a coffee-shop, and another boy named Day was with him—I went there, and apprehended Black well and Day—Day was discharged—Blackwell afterwards stated that he took the lamp from a carriage in Westminster-road, near the Elephant and Castle, and William Kennard was with him, but Jonathan was not—William Kennard stated that Jonathan had nothing to do with it, but he made him carry it.
Cross-examined by MR. PAYNE. Q. Do you not know that the Kennards are the sons of a deceased lieutenant in the navy? A. I do not know—William said he had the lamp from Dixon's—I do not know that Dixon sends lamps about for sale—I have understood that Blackwell is Dixon's brother-in-law—there is a Mr. Dixon lives in the mews which William Kennard mentioned.
HENRY CHAMBERS . I am in the service of Mr. Richard Fowler, a coach-maker, in Melina-place, Westminster-road. I missed a new lamp from a chaise in the shop—I saw it safe in the chaise on Monday the 2nd of March, at half-past one o'clock—it was a new chaise, and had never been out—we live very near the Elephant and Castle—this is the lamp—it is my master's—I have brought the fellow to match with it.
Cross-examined. Q. Do you know Blackwell as having brought lamps from Mr. Dixon's? A. Yes—I am quite sure about this lamp—Mr. Dixon makes lamps, and sends about to sell them—he always gave Blackwell a good character.
(The prisoners all received good characters.)
WILLIAM KENNARD— GUILTY. Aged 17.—Recommended to mercy by the Jury. — Confined Fourteen Days.
BLACKWELL— GUILTY. Aged 16.—Recommended to mercy by the Jury — Confined One Month.
JONATHAN KENNARD— NOT GUILTY .
MR. CLARKE conducted the Prosecution
ELIZABETH ANN GARRATT . I am the sister of James Garratt, who keeps a public-house in York-road, Lambeth. On the 12th of March the prisoner came for half-a-pint of beer, which came to 1d.—he gave me a shilling—I saw it was bad when he put it on the counter—I bent it, and gave it to my brother, who was there—it was between eleven and twelve o'clock in the day.
Prisoner, She told me it was bad, and I gave her a good one. Witness, I told him it was bad—he said, "Is it? I will give you another," which he did, and I gave him 11d. change.
JAMES GARRATT . I was present, and received a shilling from my sister—when the shilling was given back to the prisoner, and he was told it was bad, he said, "Is it? I will give you another"—I asked where he got the bad shilling—he said he had taken it somewhere in the street, from some person
he sold cabbages to—he had no basket with him—he said he had more money that he had taken—he took from his pocket a good shilling, a sixpence, and a few coppers—I said, "Let me feel, to see if you have any more money," which I did, and from his inside-jacket pocket I took a piece of paper containing four counterfeit sixpences—I sent for a policeman, and while the boy was gone for him the prisoner said, "I will pay you for the half-pint of beer," he gave a good shilling, and my sister gave him change—the officer came—I gave him the bad shilling and the sixpences, after I had marked them.
JAMES GARRATT re-examined. The paper I took these four sixpences from was a very small piece, and it was thrown down—I found two good sixpences, and 8d. in copper, on the prisoner—I bent one of theae sixpences—my sister bent this shilling.
Prisoner's Defence. I did not know they were bad; I took them in selling cabbages.
GUILTY . Aged 16.— Confined Six Months.
ADJOURNED TO MONDAY, 11TH OF MAY.