CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand by
SESSION VII. TO SESSION XII.
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, 11th May, 1846, and following Days.
Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; Thomas Lord Denman, one of the Justices of Her Majesty's Court of Queen's Bench; Sir Edward Hall Alderson, one of the Barons of Her Majesty's Court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Claudius Stephen Hunter, Bart.; Sir Chapman Marshall, Knt.; Charles Fairbrother, Esq.; the Right Hon. Charles Ewan Law, Recorder of the said City: Thomas Wood, Esq.; Sir George Carroll, Knt.; John Musgrove, Esq.; William Hunter, Esq.; William Hughes Hughes, Esq.; Aldermen of the said City: and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. SEVENTH 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, May 11th, 1846.
First Jury, before Mr. Recorder.
989. WILLIAM JORDAN was indicted for stealing 2 coats, value 1l.; 1 waistcoat, value 10s.; 1 shirt, 1s.; 1 brooch, 5s.; 1 powder-flask, 1s.; 1 tobacco-box, 1s.; the goods of Thomas Barfield; to which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
(There were two more charges against the prisoner.)
CHARLOTTE BLUNT . I am monthly nurse in the family of Mr. Gifibrd, who lives at Hampton. On the 3rd of April I went into the pantry to speak to the man-servant, and saw the prisoner in the plate cupboard—I saw him put some silver forks into his pocket—when he saw me he made towards the door—I took hold of him, and called the man-servant—he got from mt, and went out at the hall door—I followed him—the man-servant arrived, and followed him—I followed him until I saw him taken.
WILLIAM TODD HOULSBY . I am servant to Mr. Gifford. I keep the plate in the pantry cupboard—I had been there ten minutes before Blunt called my attention to the prisoner, who was running through the passage door—I followed, and he was stopped—I said, "You are a thief, you have got my plate"—he said, "I have got it in my pocket, I will give it you"—I saw nine large and ten small forks, found on him—I found a basket and two bottles, which do not belong to us, in the front hall—the prisoner must have come in at the front door, and through another door into the passage.
JOHN SALCOMB . I am a carpenter, and was at work opposite Mr. Gifford's house—I heard a smash of glass, and presently heard a female call out—the prisoner ran from Mr. Gifford's house, towards me—his hand was bleeding very much—I collared him—the servant came up, and said, "You villain, you have got my silver forks"—he said, "I have got them, and will five
them up"—we took him to the station-house, and the forks were found in his different pockets, also four sovereigns.
Cross-examined by MR. CLARKSON. Q. Are you certain your house is in the parish of Hampton? A. Yes.
(The prisoner received an excellent character.)
GUILTY. Aged 44.—Recommended to mercy. — Confined One Year.
GUILTY . Aged 47.— Confined Three Months.
GEO. WHITE . I due clerk to a ship-broker at Southampton—I have been lately living in Qtftttfo Head-lane, Ne wing ton. On the 6th of May, at night, I met the prisoner in King William-street, and walked with her down into Thamessstrcet and Monument-yard—I was stopping there talking to her—she ran away all on a sudden—I directly felt in the breast pocket of my coat, and missed my watch—I pursued her, and was stopped by a man—I struck him on the arm, and got from him—the policeman joined me in pursuit, and took her—on returning up King's Head-court I observed something glitter on the ground, and found it was the case of my watch—the policejman brought up a light, and found the watch itself there—the prisoner had passed over that spot.
Cross-examined by MR. BALLANTINE. Q. How long were you with her? A. About ten minutes—my watch-guard was not round my neck, but close down at the bottom of my pocket—I am certain the prisoner is the woman who was with me—there was another woman with the man who stopped me.
CHARLES BAILEY (City police-constable.) I was at the corner of King's Head-courts about twenty minutes before one o'clock, and I saw the prisoner running down the hill, in a direction from the Monument, followed by another female and the prosecutor—both women turned into King's Head-court—I ran between them, aad caw the prisoner stoop, and drop something from her hand—I secured her about four doors further—I brought her back, and found the watch on the spot where I saw her stoop—she said she knew nothing of it.
Cross-examined. Q. Had the other woman passed that spot? A. Not when the prisoner dropped the watch—I saw the prisoner stoop and open, her hand—the prosecutor had taken hold of the other woman by my direction, and she passed the same spot afterwards.
WILLIAM LEWIS (policeman.) I heard the cry of "Police!" and saw women struggling at the entrance of King's Head-court with two policemen—the prisoner struggled desperately to get from Bailey—he said he saw her drop something which he believed was a watch—he went to the spot, turned on a light, and found the watch with the case separated from it on some loose straw: the prosecutor was holding the other woman.
JURY. Q. Was the prosecutor sober? A. Quite so.
buried in my pocket—I lost sight of the prisoner I was not ten yards behind her—the other female joined her as soon as she left me.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Weeks.
GUILTY. Aged. 18.—Recommended to mercy. — Confined One Day; the Prosecutor engaging to employ her, and receiving an excellent character.
GUILTY . Aged 18.— Confined One Month.
(The prisoner received a good character.)
GUILTY .— Confined Three Months.
GUILTY . Aged 38.— Confined Three Months.
OLD COURT.—Tuesday, May 12th, 1846.
Second Jury, before Mr. Recorder.
GUILTY .— Confined One Year.
MARY ANN NATHAN . I am the wife of Philip Nathan, of Catherine Wheel-alley, Bishopsgate. Between twelve and one o'clock in the afternoon of the 16th of April I was opposite my room door, and saw a Wank open, about forty yards from me, and saw a sack fall: oat—I saw the prisoner Crane take it up, and in consequence of suspicion I sent my little boy to follow him.
ABRAHAM NATHAN . I am fourteen years old—my mother sent to watch Crane, who went away with the sack, to the livery-stables in Half Moon-street—I was stopped by a boy, who would not let me go further—I saw nobody near Crane with the sack.
JOHN MC DOUGAL (City police-constable, No. 659.) I went to the livery-stables in Half Moon-street, and afterwards apprehended Crane at a public-house in Cock-hill—I told him what I took him for—he said he knew
nothing about it at first, but when he got to the station he made a voluntary confession, and stated that Savill employed him to carry the corn, and was to give him 6d. for carrying it, and he gave me a description of Savill—I went to Stayner with Crane, and said in Crane's presence that I had come for some corn which he had bought of Crane, and Crane said, "It is all up, it is no use, Mother Nathan has blowed it about that bit of corn"—Stayner said, what was the good of talking to him in that manner? for he had told him it was all right—Crane said, "I know I did"—he said he gave him 10s. for it, and he gave up to me what he said was the same corn—Crane said afterwards, in Savill's presence, that he gave him 6d. out of the 10s. for the corn which he got from Savill—Savill did not contradict him then—he said before that one coachman was in the habit of lending corn to another in this mews, and he thought it no harm, and he had lent this bit of corn—he is not a coachman, but a jobbing carman.
Cross-examined by MR. PAYNE. Did Savill appear to have been drinking? A. He appeared to have been drinking certainly, but not to be insensible.
Cross-examined by MR. BALLANTINE. Q. How many voluntary confessions did you get from him altogether? A. Only one—he said Savill employed him to carry the corn, and was to give him 6d.—I call that a confession—it is all he said.
WILLIAM STATNER . I live at No. 4, Sun-square, Bishopsgate. I have a stable in Flying Horse-yard—I know Crane by his being about Bishopsgate-street—I never knew his name—on the 16th of April he came and asked if I would buy a little corn—I asked him what it was—he said a little corn a coachman had to sell, that the coachman was going to leave the stables, and could not take it away—I said I would buy it if it was all right—he said it was—I asked him what he wanted—he said 10s.—there was hardly four bushels of it—I asked if he had it honestly—he said, "Yes"—I told him to bring it over, and if I was not there to put it into the bin—he took it over—I paid him a 5s. piece, a half-crown, and two shillings and sixpence—the ostler helped me to shoot it into the bin, and soon after the constable came with Crane, who said, "It is all up, Mrs. Nathan has blown"—I said, "What is all up?"—he said, "About the oats"—I said, "You told me you had come honestly by them"—he said, "Yes I did."
FRANCIS M'LEAN (folice-sergeant.) Crane was brought to the station, and said he had got the corn from a loft in New-street Mews, that he got 105. for it, he had paid 1s. 6d. to Savill, 2s. to a coachman named Clarke, and 6d. he had himself—Savill was brought in, and denied having received any money—he said he had lent the corn to a coachman in the adjoining stable—I took down what he said, and have it here—he said, "He rented a stable in New-street Mews, that he lent between two and three bushels to a coachman who rents two stables next to his master—does not know who he drives for, but he drives a gentleman's carriage—he gave the corn to Crane about eleven o'clock that day—he did not receive any money from Crane—he saw him take the corn into the next stable to the gentleman's coachman which he lent it to: that the sack and corn produced was the same—he had lent corn and bran before, but not so much."
WILLIAM LEASK . I am carman to Mr. Harrison, in Botolph-lane. Savill was in his service, and had the key of the stable in New-street Mews—he had no authority from me to sell or lend corn to anybody—the oats produced are the same sort as my master's, and the sack is exactly the same description—the oats are wprth about 7s.—there are two parcels here, but only one belongs to us, the others are of a different description.
Cross-examined by MR. PAYNE. Q. How much belonged to you? A. About two bushels—Savill had been about eighteen months in Mr. Harrison's service—I do not swear positively to the oats—he bore a good character.
Cross-examined. Q. I believe servants do sometimes lend corn to each other? A. I never heard of it.
JOSEPH BANTON . I am coachman to Mr. Mai ton, who has stables next to Mr. Harrison. The loft looks on to Catherine-wheel-alley, and has a blank door to it—I did not borrow corn of either of the prisoners, and know of none being passed through the loft—when I went to dinner I locked up the stable—Crane came to me afterwards to the Cock public-house, and paid me 2s. which he owed me—I had lent him 2s. 6d., but he deducted 6d. for washing a carriage for me.
Cross-examined by MR. BALLANTINE. Q. When did he borrow tile money? A. Six weeks or a month before—I had not asked for nor did I expect it that day—I have a wife and one child, and receive about 25s. a week and perquisites.
Cross-examined by MR. PAYNE. Q. When were the prisoners taken into custody? A. On the 6th of April—I never borrowed com of him—I have borrowed corn several times of persons in the mews, when they had cora come in and I had none, but never borrowed of Savill.
SAVILL— GUILTY .
CRANE— GUILTY .
Confined Three Months.
OLD COURT.—Wednesday, May 13th, 1846.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 19.— Transported for Seven Years.
1000. JAMES BURNS was indicted for breaking and entering the dwelling-house of George Barker and another, and stealing 1 watch, value 2l.; 1 guard, 2l. 2s.; their property; and that he had been before convicted of felony; to which he pleaded
GUILTY .— Transported for Ten Years.
OLD COURT.—Thursday, May 14th, 1846.
Fourth Jury, before Mr. Baron Alderson.
MR. ELLIS conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor to the Mint. I produce a copy of the record of the conviction of Joseph Cannon with another at this Court, in Jan. 1844—I have examined it with the original—it is a true copy.
Cross-examined by MR. PAYNE. Q. How did you examine it? A. I examined first the original and then the copy—another person read it—(read.)
CHARLES BURGESS GOFF (police-sergeant.) I was present when the prisoner was tried and convicted, in June, 1844, of uttering a counterfeit half-sovereign—I was the officer in the case, and have not the least doubt of him.
HENRY WILSON . I am shopman to Mr. Roberts, a draper, in the Commercial-road. On the 28th of April, between three and four o'clock in the afternoon, the prisoner came into the shop for change for a sovereign—I gave him half a sovereign and 10s. in silver, half-crowns I think, but I cannot be certain they were all half-crowns—I can swear the half-sovereign I gave him was good, for I had weighed it only ten minutes before—it was with other gold, but I had no other half-sovereign—I am certain it was full weight—there is a ledge which projects from the desk, I put the change there—I gave the half-sovereign first, and while I was looking out the silver he said, "I don't like the looks of this half-sovereign"—he put it on the ledge again—I said, "If you object to it I will give you silver for it, I am certain it is good"—I gave him silver for it, and put the half-sovereign which I received from him into the till again, where there was no other half-sovereign—he "walked out, and Francis Reader came in immediately—In consequence of what he said I looked at the till, and examined the sovereign I bad received from him, which I had put into the same till—it was good, but the half-sovereign was counterfeit—there was but that one half-sovereign—I could tell it by the weight of it and the appearance altogether—I only weighed it in my hand, and I had bad weighed the other in the scales—Reader went to get a constable, and brought back Frazer, K 121, with the prisoner—I marked the half-sovereign and gave it to Frazer—the prisoner said, did I wish to charge him with passing a half-sovereign—I said, "Yes"—he asked me to let him look at it—I said, "No, certainly not"—he said, rather than have any noise about it, if I would give it him he would give me 10s. for it—I refused.
Cross-examined by MR. PAYNE. Q. Does any other person serve in the shop besides you? A. Yes, several—I took the sovereign up, and put it into the till, and gave him silver without further investigation, though he told me he did not like the look of it—I did not discover that it was light when I took it up, from being so certain before.
DONALD FRAZER (police-constable if 121.) On the 21st of April I was called by Reader'—in conseguence of what he said I took the prisoner in charge—I got a half-sovereign from Eliza Whitmore, which I produce—I searched the prisoner at the station, which is about one-eigbth of a mile from where I took him—I found on him 20s. in silver, all good, but no half-sovereign—I took him about fifty yards from the shop—I had seen him come of the shop—I took him to the station—I did not search him till there.
ELISABETH WHITMORE . My husband is a haberdasher: we live in Portland-place, Cambridge-heath, Bethnal-green. On Tuesday, the 28th of April, about half-past two o'clock in the afternoon, the prisoner came to the shop and asked for a shirt collar, which came to 6d.—he gave me a sovereign—I had not change, and gave it to the little girl to go in the neighbourhood and get it—he saw that, and after the child was gone he said he hoped she would not bring all silver—I said, "Most gentlemen prefer silver, and if you object to it I can give you half a sovereign"—the little girl returned with all silver—in consequence of what passed between me and the prisoner I took 10s. of the change and proceeded to get the half-sovereign
from the cash-box, which was in a little shop parlour adjoining the shop—I found a lialf-sovereign iu the cash-box—I only bad that one in the house—I had taken it myself the evening before, and had examined it—it was a remarkably bright one, quite new—I weighed it in the scales—it was a vtry good one—I gave it to him, and after giving it him I turned round to put the silver into the cash-box—I turned my back to him, and when I turned round again, he said, "This is a bad half-sovereign," and gave me a half-sovereign which I am sure was not the same which I had given him—I said, "A bad one"—he said, "Yes"—I said, "Well, it is very strange; it was good last night, and I am sure it was good when I gave it to you"—it was not td bright as the one I had given him, and I saw at once it was not the same—I told him so—I took up my scales and weighed it before him—it was a very bad one indeed—he said it was the same I had given him—he had one glove on his left hand, and the other glove twisted round one of his fingers—this raised my suspicion—I requested him to take his gloves off—he said he felt himself very much insulted—he took off his gloves and shook them both—I do not think I took hold of them myself—he said he was sorry he had come into the shop at all, but took notice of my name on the shop and left—as soon as he left I went to Mr. Whale, a neighbour, and showed him the half-sovereign—he went in pursuit of the prisoner—I followed, and met him bringing the prisoner back—I said to him, "This is a bad half-sovereign you have given me, I am sure"—he said give it to him again, half a sovereign was of no consequence to him—I gave it him, he put it into his mouth directly, and gave me four half-crowns—I allowed him—to go—I had given him the 10.?. back when he said it was a bad half-sovereign, and was left with the bad half-sovereign and nothing for it at first—he was not dressed as he if now—I think he had a blue frock coat on—his appearance was very respectable—her had a cane with a silver head.
Cross-examined by MR. BRIERLY. Q. You are quite certain you cannot be mistaken in the person? A. Quite—I looked particularly at him—I never saw a person put money into his mouth before, when he was waiting to receive change—I am quite sure I had not another half-sovereign—it was about twenty minutes to three o'clock when I met him coming back.
GEORGE WHALE . I am a cheesemonger, and live near Mrs. Whitmore—Mrs. Whitmore came to my shop about half-past two o'clock and showed me a half-sovereign, which was very bad—in consequence of what she said I went out, and about 200 yards on the Cambridge Heath-road overtook the prisoner—I asked him if he had been into a shop to buy a collar—he said yes—I said he had passed a half-sovereign there they did not approve of—I asked him to step back with me—he said, "Yes, certainly"—as we went back we met Mrs. Whitmore—I saw him receive the bad half-sovereign from her and give her good silver—he put it to his mouth—whether he took it out again I do oot know—he went away—I met Mr. Cane, a neighbour, a plumber and glazier—I told him, and we followed him about half a mile, nearly to Cleveland-street—he went in a direction towards the Commercial-road—I lost sight of him in Mile-end-road—I did not notice him do anything as he went along—"Cane came back with me—we met Reader, who said he would follow him, and we left.
Cross-examined. Q. Are you quite sure he is the same person? A. Quite, by his features—his whiskers have been taken off since, I think—he said, "I don't value the half-sovereign," and put it to his lips—persons do not often put money in their mouths—I have not seen it done very frequently.
28th of April, at twenty minutes to three o'clock in the afternoon, I saw the prisoner and Whale and a policeman near my house—I went up to them—something was said about his having passed a bad half-sovereign—he was allowed to go—in consequence of what I heard I followed the prisoner—I saw him join a man and woman at the Blind Beggar, public-bouse in Whitechapel-road, about 300 yards from where I first saw him—they were together about eight minutes, then parted company—the prisoner went towards Whitechapel-church—the man and woman went in an opposite direction—I and a policeman followed him into the Commercial-road—the man and woman had joined him again on the opposite side of the public-house—they went about half a mile together towards Limehouse—they were in the Commercial-road together—that policeman left me, and Frazer, another policeman, joined me—the prisoner left the man and woman and went into Roberta's shop—the man and woman went on by the door—on the prisoner coming out I went into the shop and made inquiry—the man and woman were about 200 yards from the shop at that time—in consequence of what was told me in the shop, I came out and pointed the prisoner out to Frazer—he pursued him, and took him into custody a very short distance from the shop—he had not got up to the other two, but had gone in the same direction.
JOHN FIELD . I am inspector of counterfeit coin to the Mint. This half-sovereign is counterfeit in all respects—the composition of it is white metal, not platina—it is Britannia metal—the gravity of it is about 8 to 19 as compared to gold—platina weighs rather more than a half-sovereign—this does not weigh so much by half.
Cross-examined by MR. PAYNE. Q. Would there be any difficulty in a person finding it out as soon as they took it up? A. I should think it very easily indeed.
GUILTY .— Transported for Ten Years.
Before Mr. Justice Coltman.
MR. PLATT conducted the Prosecution.
CATHERINE STACK . I live in Horseferry-road, Westminster. The deceased, John Stack, was my husband—he was a labouring man—On Sunday, the 23rd of March, about eight o'clock in the evening, I was at the prisoner's house—the prisoner, his wife, John Spurling, and several other persons were in the room drinking—we had a bottle of rum, and half a gallon of half-and-half—about a quarter to twelve o'clock Mrs. Houlahan came in rather tipsy, and wanted more drink—the prisoner was tipsy as well, and Stack also, we were all tipsy—I stood up and took Mrs. Houlahan into her bed-room—she got sick, and said she did not like two persons who were in the room—I said I would get them out as quick as I could, and not to mind them—I came into the room, and told them all to go home to their own places—my husband was in the room—when I told them to go home the prisoner seemed not to like that, and began to show insolence to me—Stack did not like that, and the prisoner and Stack had some words together—Stack said he thought himself as good a man as the prisoner—the prisoner said, "I don't know that"—Mrs. Houlahan hearing that, came out of the bed-room—I took her to her room again, and had not been there five minutes before this happened—I did not see the blow given, as I was in the bed-room—my daughter came to me and gave an alarm—I went out and saw my husband lying on the floor, between the stairs and
the door—he was bleeding as fast as he could—he could not speak to me—he was taken home, and taken to the hospital about nine o'clock on Monday morning—he died on Sunday, the 28th of March, five days after—the deceased and the prisoner were always on very good terms.
Cross-examined by MR. PARRY. Q. The prisoner was foreman at White's cetnent-works? A. Yes, he got my husband work there—none of persons were drunk, but rather tipsy—I was not rather tipsy—Mrs. Madagan was not tipsy, she bad one glass of rum mixed with water, that was all.
MARY MADAGAN . I am servant to Mr. Tate. I was at Mr. Houlahan's house on this night—there was a dispute between Mr. Stack and the prisoner—I was in the back room, when I came out there was a scuffle—I saw the prisoner strike Stack with a poker—that was the first blow I saw struck—I bad not heard any blow given before I saw that blow struck—I had heard a good many words between them—they called each other names—I beard the word "liar"—I was in the bed-room, heard a row, and came out—the blow was struck as I came out—before the blow was struck they were scuffling, laying hold of each other—the prisoner gave Stack one blow with bis fist—I saw that when I came out of the bed-room—that was the first blow I saw struck—then afterwards the prisoner took up the poker and struck him—I did not see Stack strike a blow—I only saw two blows struck, both by the prisoner, one with his fist, and the other with a poker.
COURT. Q. Are you sure you did not see Stack strike at all? A. No, I did not—I did not see him strike at him—I am quite certain the first blow was struck by the prisoner—I have always said so—Stack fell down after the blow from the poker, and could not move till they took him up.
Cross-examined by MR. PARRY. Q. I believe this happened about twelve o'clock? A. Yes—we went there about eight o'clock—we had some drink—there was a bottle of rum, and a glass or two of half-and-half—I do sot know what they had—I did not hear Stack call the prisoner a b----liar—I did not see him offer to fight—they had both taken their coats off—I was in the room about four minutes before I saw the blow struck with the poker—they were both struggling and scuffling together during the whole of that time—somebody tried to separate them—Stack did not fall down on the ground till he got the blow—I never knew him knocked against the wall or chairs, or anything, till he fell—there was a fender in the room close to the fire-place—the poker was in the fender—the prisoner took it suddenly up and threw it at Stack—he kept the poker in his hand till he gave him the Wow—it had not left his hand before it hit Stack—I understood tta meaning of throwing things at a person—he did not throw the poker at Stack—he struck him with it, and then Stack fell down on the floor—somebody was holding the deceased back at the time he was struck, keeping him from the prisoner—Stack fell down close by the door—part of his body was in the door—he fell just at the top of the stairs—the prisoner and deceased were good friends the beginning of the meeting—they were always good friends—I have known the prisoner some time—I always thought him a sober man.
MICHAEL FLANNAGAN . I am a labourer, and live at No. 2, Romney-place. I saw the prisoner on this Sunday night—I recollect the quarrel beginning between the prisoner and Stack—when I took notice of them they were standing on the floor, with their arms holding each other—I stood up, went between them, and advised Stack to come home—the prisoner walked backwards towards the fire, and I brought Stack with me, saying, "Come along with me"—I brought him to the door—when we came as far as the door he dropped right out of my arms—I did not see what made him drop, but when he dropped I saw the blood gush out of his ears and nose—I did not see any blow
struck by any person myself—I never saw the poker at all—I was not drunk—I had had something to drink, but my mind was as clear as it is now.
Cross-examined. Q. You were all very good friends before the scuffle? A. Yes—we all had rum and beer to drink—I do not recollect hearing Stack call the prisoner a b liar before the scuffling began, and take off his coat and offer to fight him—I was trying to get Stack away when he fell suddenly down—before that I had seen the prisoner and Stack struggling together—they had their arms round each other when I went in between them—I had not noticed that Stack had fallen, or been thrown against the wall or fender, or anywhere—I do not remember seeing the prisoner on the ground, and Stack with his fingers on his throat—I do not recollect clearly what occurred before he fell down, no further than seeing them holding each other—I was at the door at the time Stack fell down—I could not see where the prisoner was standing then—it was a large room—I have known the prisoner a long time—I never noticed him much drunk.
ELLEN CALLAOHAN . I am a servant out of place. I was at the prisoner's house on Sunday night, and recollect the dispute between Mr. Stack, the prisoner, and Mrs. Stack—I went there about ten o'clock—they were all sitting comfortably, drinking—Mrs. Hoolahan had a drop too much, and went to bed—Mrs. Stack went into the room with her, and so did I—Mrs. Stack came out of the room, and said to the prisoner, "I have put Kit to bed"—the prisoner answered, "It is" no more than your being put to bed yourself; out of my place"—Mr. Stack said to the prisoner, "Why did you not have at her?"—Mrs. Stack went down stairs—she returned again, and said to the prisoner, if she could not read she could spell—the prisoner said, "In what in, Mrs. Stack?"—she said, "Never mind; I defy you or any man to say that you took advantage of me, you dirty scoundrel"—they had very hot words—Mrs. Stack called the prisoner all manner of names, abusing him—Mrs. Stack said she was reared better than him—he said he was reared better than her—Mr. Stack jumped off his chair, and said to the prisoner, "You b—liar," and pulled off his coat, and challenged to fight him—the prisoner had his hand on Mrs. Stack's shoulder, and Mr. Stack said, "All you can do is to give us the sack in the morning"—Mrs. Stack had said to the prisoner, "You are bouncible now, you can give us a title"—Stack and the prisoner got hold of one another—I do not know who struck first, but they struck blows—I did not see both strike, but they caught hold of one another—I am sure they both struck—no one interfered between them then—Stack got hold of the prisoner by the throat with his left hand—there was the mark of his four fingers on one side, and of his thumb on the other—the mark was made with his nails—they aggravated the prisoner very much, both Mr. and Mrs. Stack, and Mike Flannagan and Jack Sculley parted them, and he had hold of Stack, putting him out; and directly they were parted, the prisoner took up the poker and instantly flung it at him as he was taken to the door—he threw the poker out of his hand—it quitted his hand—he took it up and flung it at the door—it is a good sized room—the door was as far from the fender as I am from his lordship—they were both very drunk—he threw the poker as if it flew out of his hand—it struck Stack on one side of the head, just above the ear—I think the other two had hold gf him—they let go, and he fell down immediately—I cannot say whether the prisoner intended to throw the poker at Stack or not.
Cross-examined. Q. You came there at eleven o'clock? A. Yes—I had not been drinking with them all the evening—Mrs. Madagan was there—she was tipsy—she was not satisfied with what she drunk during the evening, but brought the bottle into the bed-room, and I saw her drink out of
that—I was quite sober when I got there—I did not know what the taste of spirits was—in the scuffle Stack caught hold of the prosecutor's throat with his fingers—I saw the mark.
Cross-examined. Q. When was the prisoner apprehended? A. He gave himself up last Thursday—the Coroner's Inquest had been held then.
FREDERICK WILDBOAR . I am house-surgeon at Westminster Hospital. On Monday morning, the 23rd of March, the deceased was brought to the hospital in a state of stupor—he was not sensible—he had an immense confusion on the left side of hit temple, two small punctured wounds over the contusion, a little above the front of the right ear—they were very small indeed—I was not satisfied with the condition of the man—there was moie than I could account for, and I made an incision, and examined his scull, and found it extensively fractured—that was the day he came in—he died on the Friday—I afterwards made a post mortem examination—the scuff was driven in to the extent of about half a crown on the brain—the brain itself was excessively lacerated and inflamed, and the membranes inflamed, and a considerable quantity of matter pressing upon the brain—a blow with a poker would be likely to produce such injuries—I think if a poker had been thrown at the distance of fifteen feet it would have caused such an injury.
COURT. Q. How would it make two punctured wounds? A. They were close together—two edges of the poker might produce it—they were abotift half an inch asunder—one blow might have produced both—the injury waif undoubtedly the cause of death.
Cross-examined. Q. How long was it before the man died? A. He died at nine o'clock on Friday evening—I cannot say whether be appeared given td habits of intoxication—the brain was congested—inflammation of the brain was the immediate cauie of death—it was undoubtedly caused by the blow—in a scuffle of the kind described, the blood would flow, more rapidly over the organs—I examined the whole head—I noticed no wound which could have been caused by falling on the edge of the staircase.
(The prisoner received a good character.)
GUILTY of Manslaughter only.—Recommended to mercy. — Confined Four Months.
Before Mr. Baron Alderson.
MR. CLARKSON conducted the Prosecution.
JAMES BENJAMIN BRADLEY . The deceased James Eastman Bradley was my son—I am the collector of the tolls at the Mile-end-gate—he was acting us my assistant—on Saturday morning, the 4th of April, before five o'clock; I was informed he had been carried to the Loadon Hospital—I want and I found him there—he died early the next morning.
Cross-examined by MR. BAILANTUTS. Q. Waa Y the letter on the ticket for that day? A. Yes—persons coming through the Globe-bar pass through a gate free if they show their tickets! have not frequently seen the prisoner pass through the gate.
MR. CLARKSON. Q. Had you a reason for asking the prisoner always for? the ticket when he passed through your gate? A. We had.
cart going towards Whitechapel—the prisoner and his son were in it—I saw the deceased run after the cart after it had gone through the gate—it had not stopped—the prisoner was driving, and I saw him strike the deceased with his whip—the deceased was against the wheel demanding the toll or the ticket, as I suppose—I could not hear what was said—the prisoner struck him with the whip across his back—I cannot say which end of the whip he struck with, but after he was struck he went towards the horse's head—a loaded van was going past as he was at the horse's head, and I saw no more of the deceased till I saw him lying down on the ground behind the wheel of the loaded van, which was coming in the same direction as the prisoner's cart—how he came on the ground I do not know—the prisoner assisted to put him into his cart, and carried him to the London Hospital.
JAMES ROFF . I am the prisoner's son, and was riding in the cart, when we got to Mile-end-gate, the deceased asked for the money or ticket—my father hallooed out, "Y"—he said that would not do and laid hold of the horse's bead, and my father hit at him with the thin end of the whip handle—the butt end was in his hand at the time—the deceased bobbed out of the way and the shaft of the loaded cart knocked him down as he was bobbing and the near wheel of the loaded cart went over him—the cart was drawn by three horses.
Cross-examined. Q. When he asked for the money or ticket did your father stop the horse? A. The deceased laid hold of the reins and slewed the horse down—he snatched the reins quite out of my father's hand and the head of the horse was quite slewed round towards the deceased—he laid hold of the reins close to the horse's head and so pulled them away—the other cart was walking, not coming very fast—it was loaded with vegetables—it was just getting day-light—he fell on the off side of the cart—the road is wide enough for five or six carts—the loaded cart scraped against our off-wheel in going by—there was room to avoid doing that—it was after they were through the gate.
JAMES CASTLE . I am a wine-cooper, and live in Devonshire-street, Mileend. I was passing near the Mile-end-gate, and heard the deceased shout out and saw him fall between the two carts—he fell backwards as if he had received a blow—he fell instantly as if he was shot—whether he had been struck by the shaft or not I do not know—he was picked up and taken to the hospital.
WILLIAM STEVENS . I am a carman, and live at Barking. On this morning I was driving through Mile-end-road in my cart—I followed the prisoner and his cart through the gate, and heard the deceased ask him for his ticket—he did not produce any, but drove on—deceased ran on and caught hold of the reins of the horse—the prisoner then struck him with the whip—I did pot observe which end of it—I was passing by, and he fell under my cart-wheel—I do not know what caused him to fall, unless it was a blow—my wheel went over him—when the prisoner struck him I heard him say, "Don't strike me any more, show me your ticket"—this was before his fall—I was I walking with my horses.
Cross-examined by MR. BALLANTINE. Q. On the same side as the deceased? A. Yes—he said, "Don't strike me any more," after he was struck I was walking gently by my middle horse—the deceased was not knocked I down by the shaft of my cart, but by the blow, or by pulling the cart round—I saw him fall backwards.
COURT. Q. Were you not walking the other way? A. I was going the I same way as the cart—the man was behind me after I passed him—I did not I turn round—I am sure that my wheel did not graze the other cart-wheel—my
attention was called to it by the shriek—the prisoner's cart was going at a trotting pace until the deceased caught hold of it.
WILLIAM ROMAINE (policeman.) I took the prisoner on Sunday, the 5th of April, at his residence, Frederick-place, Bromley—I said, "I suppose you know what I have come here for"—he said, "Ofr-yes, how is young Bradley?"—I said, "He is dead"—he said it was a bwr job—I asked him if he struck young Bradley with the whip—he said, "I did, I don't deny it"—I asked if he struck him more than once—he said no, that he was in a hurry going to market, and young Bradley stopped his horse, turned the horse round, and at that time a loaded cart was passing, which knocked him down and passed over him—I then asked who took him to the hospital—he said he did, and added it was a bad job, but it would not have been so bad had the driver of the loaded cart pulled up.
MARY ANN MURELL . I am nurse at the London Hospital. I attended the deceased—on Sunday morning, about seven o'clock, he called me, and asked me for a cup of tea, which I gave him—he then said he should die, he should never get over it—he thought he was dying—he said this more than once—I said, "You are young, and I think will get over it"—he said, "No, I don't think I shall," and said, "I feel it here," putting his hand on his stomach, where he was hurt—he died two hours after this—he told me that a person named Roff was coming through the turnpike, and he asked him for the toll—he said he should not pay him, nor call his letter, nor show him the ticket—that he had refused to call his letter—I am quite sure of this—he said, "I refused to pass him through," that he then struck him with the butt end of his whip, he fell, and a cart coming along went over him—his mind began to wander about nine o'clock.
Cross-examined. Q. Did he not tell you that Roff was coming through the gate, and he asked to see his ticket? A. No—he told me he asked him for the money first—he asked for the money or ticket—he said he would do neither, nor state the letter.
COURT. Q. Are you sure he mentioned about not calling the letter? A. He did—I have mentioned that before to-day—this is my handwriting to this deposition—he began to lose his senses a little before nine o'clock, it might have been eight or nine—I said between eight and nine before the Magistrate—it was past eight.
HKNRY DAVIS . I am one of the surgeons of the Hospital. I attended the deceased—he died on Sunday morning, at near ten o'clock, from a rupture of the diaphragm which had burst—I opened his body—a heavy wheel going over his breast might produce this.
NOT GUILTY .
Before Mr. Justice Coltman.
1004. JOSEPH CULVERHOUSE, CHARLES DAWES , and WILLIAM KIMBRELL , were indicted for burglariously breaking and entering the dwelling-house of William Henry Smith, about two o'clock in the night on the 17th of March, at Paddington, with intent to steal, and stealing therein, 9 gallons of wine, value 9l.; 5 gallons of brandy, 52.; 76 bottles, 18s.; 12 cheeses 1l.; 301bs. of pork, 15s.; 1 sack, 1s.; and 1 bell, 1s.; the goods of William Henry Smith.—2nd COUNT, for burglariously breaking out of the said dwelling-house.
MR. CLARKSON conducted the Prosecution.
were servants to Captain Abbott, and drove the mail accelerators—they slept over the stable where their horses are kept, and which abuts on my house—it is rented by Captain Abbott, and is about 125 yards from my house, it all joins together—the tap is quite distinct and separate from my house, but has an internal communication with it by going down five steps into the yard—without coming into the yard you cannot get from the tap to my house—the house abuts on the high road, on the other side of which is the entrance to the railway—the ground at the rear is deeper than at front—the basement story is on a level with the road in front, and below forming acellerage, which is on the basement—my cellar flap is round the corner at the side, in a line with the frontage of the tap, which is round the corner—there is a way from the back of the tap into my yard, which is on a level with the floor of the pot-house—the pot-house door was locked, and the window adjoining it secured by a tumbuckle, which opens inside—the door from the pot-house to the kitchen is never locked—there is another door exactly opposite the pot-house, which is always kept locked, it leads to the cellar—I produce the key of it, alto of the beer and wine cellars—you go through the beer cellar to the wine and spirit cellars—I went to bed on the night of the 17th of March, about eleven o'clock, and went into all the cellars about five minutes before—I made the beer cellar secure, the flap was fastened by a chain and bolts—I put an alarm bell to the chain—I locked all the doors as I passed through, and left every thing safe—I did not notice whether the button of the pot-house window was turned—I went up to the bar, and from there into the internal part of the house—the beer, wine, and spirit cellars were all safe with their contents—I had champagne in the wine cellar, also port and sherry in casks, and ginger brandy in the spirit cellar—I got up next morning between eight and nine o'clock—I got the keys of the cellar from my wife at half-past nine o'clock, and went first to the beer cellar—the moment I unlocked the door the smell and effluvia was so great I were obliged to go back—I called for a light, and found a fifty-seven gallon cask of sherry in No. 2 spirit cellar entirely run out, the cock was at that time turned: an eighteen gallon cask of vinegar was placed closed to it, with the cock turned, and the contents run out; a five gallon shrub cask was also all run out; the further I walked into the cellar the deeper I got in wine, and was obliged to return back; I at last got into the wine cellar, a twenty-nine gallon cask of fine port was spilt on the floor; also a twenty-eight gallon cask of port wine; eighteen bottles of ginger brandy were taken from bin No. 3—in bin No. 4, I found a stick, the bottles in that bin had been broken, which might have been done with that stick; thirty-five bottles of champagne were gone from the next bin; ten bottles of fine port from bin No. 6; eleven bottles of pale brandy from the next bin; from two other bins I missed ten or twelve bottles of port; in another bin I found five or six bottles of port wine broken; I missed twelve Somersetshire cheeses from the wine cellar; and two loins of fresh pork, weighing twenty pounds, from the beer cellar—on the night before when I returned from the cellar I placed the key in the bar, and saw the prisoner Kimbrell sitting on a cask, smoking his pipe in front of the bar in my house, he is potman and waiter at the tap-rhe saw me place the key in the bar—his master and I both use the same pot-house—I delivered the key to my wife, saying, "Here are the keys, I wish you good night"—I went to bed direqtly—he saw I was going to bed—I delivered her all the three keys of the cellar—they were not left in the bar all night—between eight and nine o'clock next morning, (before I knew of the robbery) I saw Kimbrell vomiting over his pot tub, his I pots were then on the floor strewed about, they ought at that time to have
been all cleaned and on the racks—between five and six o'clock on Thursday morning, the 19th of March, in consequence of information, I went to the rear of my premises, near the stable over which Culverhouse slept, it was just daylight—this stable is thirty-two feet from my premises—I found nine or ten cheeses in the foundation of the buildings for a new hospital close by Culverhouse's stable—there were also four or five bottles of champagne, and about twelve bottles of ginger brandy and pale brandy packed, in a sack, and at the top of them were the two loins of pork which I had lost—this discovery became generally known about six o'clock I should think, and Kimbrell absconded about half-past twelve that very day.
Cross-examined by MR. DOANE. Q. Did not Dawes frequent the tap more than your tavern? A. I only knew him as an occasional customer at the bar.
Cross-examined by MR. O'BRIEN. Q. How far from your house did you find the port, cheese, and other things, on the Thursday? A. Not thirty-two feet—the stable is one building—there are nearly 100 horses kept in it, attended by grooms—the tap is much frequented by persons coming to the railway—Culverhouse drove the mail-cart from the Post-office to the railway—I found the property in an excavation that has lately been opened—the workmen have access to it, but other people would be trespassers—there arc no gates or walls to it—six or eight grooms sleep over the stable—they were not in the habit of drawing the staple of the cellar flap—there is no staple in it—they were not in the habit of drawing the staple of the stable door—I had horses there myself.
MR. CLARKSON. Q. What state did you find the flap in? A. I found the bell cut away, the chain undone from the holdfast in the wall, and the bolts both open—anybody could open it then from the outside or from within—I noticed on the 19th that the staple of the stable-door, in which Culverhouse kept his horses, was drawn—that was the first time my attention was called to it—the building is divided into four-Stall stables, but there is only one outer door—when you get in there is a range of 100 stalls.
Cross-examined by MR. BALDWIN. Q. Who holds the tap? A. En never—he was Kim brell's master—I never saw Kim brell drunk before—he was the pot-boy—the keys were in my wife's pocket after I gave them to her—theyi were not used to commit the burglary—the door of the beer-cellar lets you into the whole range of cellars—the other two are internal doors.
JAMES GIBLINO . I live in Victoria-place, Lambeth, and am in the employ of Captain Abbott. I drive the Gloucester mail carriage, and Culverhouse the Devonport one, to the Great Western station—I look after two of Captain Abbott's horses, kept in Mr. Smith's stable, and Culverhouse has charge of two in the same stable for his mail—he slept in the same bed with me, over the stable—I had the key of the stable on the night of the 17th of March—I locked the ttable-door, or he locked it and gave me the key—I had it in my pocket when I went to bed, about ten minutes to ten o'clock, and in the morning, when I got up—between twelve and one in the night Culverhouse came and awoke me—he asked me to give him a match, which I did—he then asked for another, which I gave him—he went away, and returned in an hour, or an hour and a half—I had been to sleep in the meantime—he awoke me, and said, "Get up, I have got a swag"—I did not know what he meant at the moment—I asked what it was, and where he got it—he said out of old Smith's cellar, that it was brandy, wine, cheese, and pork, and said I was to get up, to put the horses in his carriage, and take it over to my house, we should not be gone longer than half or three quarters of an hour, and no notice would be taken—I said no, I would not—(I have a house of my own)—I said I would have nothing at all to do with it, and told him to take it back to Smith's again—he went away
and never returned to bed that night—I did not observe whether he was tipsy—about three quarters, or an hour after he was gone, the prisoner Kimbrell came to me—I was asleep—he called to me, and asked if I had seen Joseph, meaning Culverhouse—I said I had—he asked if he had said anything to me—I said yes he had, plenty—he took a bottle from under his waistcoat, and asked if I would have a drop—it was a long-necked bottle, like champagne—it was empty, and the neck broken off below the cork—it smelt of ginger brandy—I said, "Why, it is empty"—I thought he had been drinking from what I could see of him—I gave it him back—when I said Joseph had said plenty, he told me to "keep it dark"—he then went away—I saw no more of him—I got up at four o'clock that morning, which is my usual time—on going to the stable-door I found it broken open and the staple gone—the key had been in my pocket all night—I got alight, fed my horses, and went into the farther stall—Dawes then came in, tipsy—he asked me where Joe was—I said I did not know—he went out again—while he was gone I went to feed my horses, and kicked against Culverhouse, who was asleep under the manger—Dawes came in again—I told him Joe was in the farther stall, he had better awake him—he went to the next stall, and put something into his pocket, I could not see what—he did not try to awake Culverhouse—he said he would go home and go to bed—I did not see him go to Culverhouse—after he waagjme I awoke Culverhouse, and found him drunk—he was not incapable of doing his duty, but had been drinking—either on the Thursday or Friday—I think Thursday—I saw Culverhouse—he said he had got two bottles which he should like me to take home for his wife's funeral on Sunday—I suppose be meant to take them to our yard at Tothill-fields, Bedford-row, where we have another stable—I said I would have nothing to do with it—he was at Paddington at the time.
Cross-examined by MR. DOANE. Q. Dawes was in the service of Mr. Bloomfield, the carrier, was he not? A. I believe so—there is a man sleeps over the stable, called Punch—he is in Mr. Bloomfield's employ—I do not j know anything about him on that night—I do not know whether it was the prisoner's duty to load the carts—he said nothing to me about Punch that night.
Cross-examined by MR. O'BRIEN. Q. Culverhouse was drunk when you awoke him in the morning? A. He was not right dead drunk—the room over the stable where we sleep is approached by a ladder outside by a door, and inside by a ladder—the people can go to bed without going up the ladders—they are four stall stables separated by a party wall and a door—every one has a key of his own stable—there are families and lodgers live in the different compartments over the stables—I never heard the word swag mentioned before that night—I did not know what it meant—I was between asleep and awake I—I asked what it was, what it consisted of, not what it contained—Culverhouse I slept out sometimes—he slept away three months of the time—I was at the I stable on the evening of the 17th of March—I did not hear anything of the I robbery then—I came to the stable about nine or half-past nine after driving my I mail—I had not been there in the course of the day, after I left at quarter I to five in the morning—I do not recollect being in the tap-room that evening I—I did not speak to anybody about the robbery—I did not hear of it before I left on the morning of the 19th—the policeman had come down to me on Thursday night to take me into custody—I heard during that day that Culverhouse was taken while I was gone to dinner—I heard of it when I came I from dinner between one and two—that was the first I heard of Smith's robbery publicly—I was not taken into custody—two policemen found me that I evening at the Great Western with the mail, and said, I must go with them
to Smith's—that was about half-past nine in the evening—I did not know what Culverhouse wanted the matches for—he mentioned wine, brandy, cheese, and pork—it was between four and five on the morning of the 19th that he spoke to me about the two bottles in the stable—that was before the policeman came.
Cross-examined by MR. BALDWIN. Q. When did you first say anything I about Kimbrell coming with a broken bottle? A. At the police-court—never I before—I think it was the last day but one that I was there—I was there I several times—I mentioned the ginger brandy at the time Kimbrell was I examined—I have smelt and tasted ginger brandy—it was after I heard what I had been lost that I mentioned it.
MR. CLARKSON. Q. You knew nothing of the transaction except what Culverhouse and Kimbrell had disclosed? A. No, sir, nothing—I am away I from five in the morning till nine at night.
MR. SMITH re-examined. The ginger brandy was in long-neck bottles, like I the one which I produce.
JANE MAXTEAD . I am bar-maid at the Mint tavern. On the night of the 17th of March, at eleven o'clock, I saw Kimbrell at the bar, in conversation with a man they call Lockey, and Dawes, after he had been there some time—they were laughing and talking together, and drinking—they all three left together at half-past twelve—Kimbrell had come in alone at eleven—he got up, and wished me good-night, and said he was going home to go to bed, and went out—he returned at a quarter to twelve—he was in the bar two or three minutes before them—I said, "I thought you were gone to bed?"—he said, "I altered my mind, and have come back again"—a few minutes after, Culverhouse, who is the man they call Lockey, and Dawes came in—they had something to drink, and were in company together—they went away together at half-past twelve o'clock—a cab man came in while they were there, and had a glass of gin—on the Tuesday, about twelve in the day, Kimbrell came to the front of the bar to me, and said, "You have given me a very pretty character"—I said, "Why should you say that?"—he said, "about the cellar"—I made no answer—I did not see him again.
Cross-examined by MR. DOANE. Q. I suppose Dawes was often at yow tavern? A. Yes, several times—I knew nothing farther of him.
Cross-examined by MR. O'BRIEN. Q. Was Culverhouse in the habit of coming to your bar? A. Yes—they were neither tipsy nor sober—I saw Gibling at our bar about noon, the Friday after the robbery—it was after Culverhouse Had been taken into custody, and after he had given information—I did not see him before.
Cross-examined by MR. BALDWIN. Q. In what state was Kimbrell? A. Much the same as the others, laughing and singing—he had been drinking, but was not drunk—I had said nothing about him and the cellar.
JOHN FRANKLIN . I am one of the Great Western Railway-poliee. On Tuesday night, the 17th of March, I was on duty at the lodge-gate of the terminus, which is about seventy yards from the front of Mr. Smith's, across the road—about twenty minutes after eleven o'clock the prisoner Dawes came to the lodge-gate and went in a detection towards Smith's—at one o'clock in the same night I saw him again—there was somebody with him—I do not know who—he was then standing within seven or eigbt yards of the corner of Mr. Smith's house with the other person—that is the corner round which you must go to get to the cellar-flap—I went within about twenty yards of him, or rather nearer—I then went back to the lodge—about half-past two o'clock the same morning I saw Dawes again pass through the lodge-gate in a direction from Smith's and towards his work—I do not know
where he had come from—he was going towards the Great Western Railway.
Cross-examined by MR. DOANE. Q. How long have you acted as policeman at the gate? A. Three years—I was in the constant habit of seeing Dawes come in and out—he was a porter, engaged loading goods for his master, Mr. Binfield—he was constantly there from two to four o'clock in the morning, and sometimes earlier than that—he comes about eleven o'clock at night and returns about two—I saw him leave that night about the usual time—I know the wagoner called Punch—he drives Mr. Binfield's wagon—it would be his duty to start with the wagons when Dawes had loaded them.
JOHN SAWYER (policeman.) On Tuesday night, the 17th of March, a few minutes before twelve o'clock, I was near the Mint public-house, and saw Dawes standing about three yards from the cellar-flap—I passed him a few yards, then returned again, and saw him looking towards the Mint tap, standing there doing nothing.
ALFRED HUGHES (police-constable D 13.) On Thursday morning, the 19th of March, I went to the Mint public-house, and in a stable near there found five trusses of straw in one corner—I have always understood Smith let that stable to Culverhouse—I have seen Captain Abbott's men go into the stable—Dowsett was with me—it was the stable from whence the staple had been drawn—on undoing the straw I found two bottles, and one broken—one was ginger brandy, one was wine, and the third had contained wine, but the bottle had been broken—on the same day I went to the stable, in Bedford-row, and found Culverhouse in Mr. Abbott's yard—I told him I should take him into custody, on suspicion of robbing Mr. Smith of wine and other articles—he said he would put on his jacket and come—I waited and he came—he afterwards said he knew nothing about it—on the 11th of April I went to the town of Buckingham, and found Kimbrell in the tap-room of the Wool-pack—I said to him, "Well Knockey, I suppose you know what I have come about?"—he said, "Yes, my boy, I will come with you directly if you will wait till my mother comes"—I showed him the warrant—he said, "Yes, that is all right, my boy"—his father came in and said, "What is all this about?"—he said, about a bit of a spree that took place in London, but he was innocent—his father said, "They would not come down here and take you if you were innocent"—I took him to the gaol, and they locked him up for the night—on the way to Woolverton he said he never was in the stable at all, and no one could say he was, and if he got transported for seven years, or for life, it would be an unjust thing, and he desired to have fair play—he repeatedly looked at his handcuffs, and said it was all through keeping bad company.
Cross-examined by MR. BALDWIN. Q. How came you to go to Buckingham? A. I suspected he was there, and heard his father and mother lived there—I had searched for him previously in other places.
Cross-examined by MR. O'BRIEN. Q. Were you the constable who went with Smith for Gibling? A. Mr. Smith followed me—I found Gibling at the railroad-station about eight o'clock at night—I searched all the stables but this one, when I found the wine in the straw.
HENRY DOWSETT (police-constable D 181.) On the 19th of March I went with Hughes to the Mint—I searched the stable where the mail-horses are kept, and in a truss of straw in the second stall under the manger, in a corner of the stable, found a bottle of ginger-brandy and one bottle of champagne—there were five trusses of straw standing there I think—in one of the five Hughes found three bottles—at ten o'clock the same night I took Dawes
into custody at the Great Western terminus—I told him he must come at once—he said he thought I was joking—on the way to the station he wanted to have something to drink—I would not let him.
JAMES GIBLING re-examined. Smith did not sleep where I did, but in a different compartment of the stable—there is a party-wall between him and us—I could not get to his room from our stable-door—the stables are in a row—there is no connection between his place and ours.
NOT GUILTY .
OLD COURT.—Friday, May 15th, 1846.
First Jury, before Edward Bullock, Esq.
1005. GEORGE LUCAS was indicted for burglariously breaking and entering the dwelling-house of Mary Blackburn, on the night of the 3rd of May, with intent to steal, and stealing therein 1 watch, value 12s.; 5 spoons, bs.; 2 brooches, 1s.: 4 seals, 3s.: 2 keys, 6d.; 1 chain, 6d.; 3 rings, 15s.; 1 measurer, 6d.; 2 bracelets, 10s.; 1 pincushion, 8s.; 2 ear-drops, 3s.; 4 shirt studs, 2s.; 1 pocket-book, (id.; 1 box, 6d.: 1 bag, Zd.; 1 sovereign, 1 crown, and 18 shillings; the property of Mary Blackburn: and 1 watch, 21.; and 1 box, 1s.; the goods of Henry Gunn: to which he pleaded
GUILTY . Aged 40.— Transported for Ten Years.
1006. THOMAS COLE was indicted for burglariously breaking and entering the dwelling-house of George Frederick Williams on the night of the 13th of April, and stealing therein, 1 brooch, value 10s.; 1 shawl, 15s.; 1 scarf, 2s.; 3 gowns, 2l.; 2 pair of drawers, 2s.; 1 petticoat, 1s.: 3 night-gowni, 3s.; 1 night cap, 1s.; 1 coat, 2s. 6d.; 1-pair boots, 2s. 6d.; 1 blanket, 1s.; 1 tablecloth, 1s.: 1 window-blind, (id.; 3 pinafores, 6d.; 3 shirts, 1s.; 3 handkerchiefs, 1s.; and 1 pair of gloves, 1s.; the goods of the said George Frederick Williams: to which he pleaded
GUILTY . Aged 22.— Transported for Ten Years.
1007. JOSEPH SOMERVILLE was indicted for stealing on the 17th of March, 2 handkerchiefs, value 2s. 6d.; the goods of Theophilus Burnard: also, on the 24th of January, 5 handkerchiefs, 12s.: of Theophilus Burnard: also, on the 26th of Sept., 9 shirts, 2l.: 20 handkerchiefs, 2l.; 1 waistcoat, 10s.; and 1 pair of stockings, 1s.; the goods of Theophilus Burnard, to all which he pleaded
GUILTY . Aged 43.— Transported for Seven Years.
Before Mr. Baron Alderson.
MR. RYLAND conducted the Prosecution.
MARY INWOOD . I am a widow, and live at No. 7, Cumberland-street, Chelsea—the prisoner and her husband lived in the same house with me—they had three children—the eldest was turned seven years of age——he was a step-son—the next child was a girl about three years old, and the youngest a girl about twelve months—her name was Jane—she could not walk, and was still at the breast—I knew them intimately—on the Friday before this happened, I sat up with Mrs. Clark till near midnight—I staid until her husband knocked at the door—I was going up stairs when he
came into the room—I heard what took place between them—she opened the door for him, and said, "Well old chap you are late to-night"—he made answer, "Get out you b—r, or I will kill you"—they went in, and the door slammed—after that she said something to him, which I did not hear—I could not distinguish what it was—he said next, "You want to carney me over now," and said again," get out you b—r, I hate you"—there was a noise for about ten minutes, but I did not hear distinctly what was said—it was loud talking and quarrelling—I could not distinguish the words—about six o'clock next morning the prisoner called me up—I had asked her to do so before I left her—when I got up I went into her room—her husband was not there then—he was just gone out—she showed me the door, and complained very much—8he told me her husband went to hit her, that she put up her arm to ward off the blow, and he broke the door in striking it instead of her—she came into my room again about half-past twelve o'clock—she had the baby with her, and said, she thought she should go out for a walk with the children—she seemed very much agitated in her mind—she was a particularly quiet woman at times—she was always sitting with me—I did not notice anything particular about her—she complained very much of headache for the last six weeks—I had not observed her manner to be different until the last day or two—she was a very sober woman, and very well conducted to her children, and very fond of them—before she went on Saturday, about half-past twelve o'clock, she said, "Oh, is it not enough to make any one go and make away with themselves, to think that a man should bid you good-bye in the morning, and come home at night and say, 'I hate you?' "
Cross-examined by MR. CLARKSON. Q. At the time that she appeared to be very much agitated on Saturday, did you see that her eyes looked very wild? A. Yes—she appeared not to have been in bed at all on Friday night.
RICHARD CHAMP . I am a painter, and live at No. 13, Wellington-street, Chelsea—I know the prisoner and her husband, and the three children. On Saturday, the 2nd of May, between two and three o'clock in the afternoon, the prisoner came to my house with her three children—she staid ten minutes or a quarter of an hour—my wife was not in—the first thing she said was to ask for my wife—I said, "Sit you down, she is gone to town"—I asked her to stay, and take tea with us—she said, no, perhaps she must stop where she was going—she said she was going underneath the arch, where Mr. Wallis lived—she did not say what arch—I know where Wallis used to live—you go under an arch to his house—I mean an archway—a court—she said nothing about herself or her state of health—I did not notice anything about her particularly—I said, "How is Mr. Clark?"—she said, she did not know, and did not care, for he had been beating her head against the door—I saw-no appearance about her head—she had the baby in her arms—it began to cry—I said, "Poor little thing it is dry, you had better stop, and take some tea"—she gave it a shake, and put it to the breast, and said, "There is nothing there for you"—I do not remember anything more—she left, with the three children—after she was gone, I found a letter on my bed which is in the room I live in, and where we had the conversation—I cannot read writing, but I believe it was the prisoner's—I afterwards gave it to Elizabeth Garman—she is my sister, and the prisoner is my niece—a few lines of the letter were read to me—I immediately went to search, and before I got there, I heard what had happened—I ran to the water-side immediately, and before I could get there this had happened.
MR. CLARKSON to MRS. INWOOD. Q. You have said, she appeared always kind and affectionate to her children, do you know that on the Friday night she pawned her own flannel petticoat to find them food? A. Yes—on the
Saturday morning she gathered together some rags, all that she had, to buy them bread—I saw her emptying out the children's bed, which was made of rags, she went out, and after that, I think, came home with a piece of bread—she was in the deepest distress for food—she sold the rags to get bread that day—I had seen her give one of the infants a piece of bread that morning.
RICHARD CIIAMP cross-examined by MR. CLARKSON. Q. She told you her husband had beat her head against the panel of the door? A. Yes, when the baby began to cry she gave it a terrible shake—she appeared to hit it on the back—she swore—she said "blast," I do not know whether she meant the child or her husband—I heard the word "blast" at the time she shook the child, at the time it cried—I had observed before that she was a neat cleanly-looking woman, very much so, and was painstaking with her person, her hair was always very neatly plaited, it looked always very neat—she has lately become dkty and negligent in her person, and her hair hanging about her—I thought something dreadful was the matter—one of my children cried to go with her on the Saturday, I asked her to take it, she came back, and said, "No, perhaps I may stop where I am going."
COURT. Q. Is the husband a drunken man? A. No, not very, he might have a drop on Saturday night, once a week, or so—he was not drank, once a week—I have seen him drunk—not at the time his wife was in this distress—he was a drunken person before this happened, I have seen him drunk frequently—he was found drunk on the very morning or afternoon this happened.
JURY. Q. Has he been in work lately? A. Yes, but not for long.
SARAH COLTSWORTH HALL . I am going on for ten years old—my father's name is Thomas, he is a toll-collector at Battersea-bridge—last Saturday week, the 2nd of May, about three o'clock in the afternoon, I was on Battersea-bridge, and saw the prisoner there with three children—I did not know her at the time—the little boy appeared about seven years of age, he had on a cap and a white pinafore—there was a little girl—and the prisoner had a baby in her arms—she set the little baby down by the pavement on the ground, and told the little girl to play with it—I was just behind her back—she then took the little boy up and threw him over the parapet of the bridge, into the river, thta she took up the little baby and threw that over, then she took the little girl and threw her over—when she had thrown them all over, she cried out, "Almighty God, Almighty God! save my children 1"—this was about the middle of the bridge—she then ran across the bridge to the other side, still in the middle of the bridge, and was going to throw herself over—she had got her hands on the paling of the bridge and her leg up, and was going to throw herself over, and somebody stopped her—I saw a man driving over the bridge with a van, he got out and saved her—a policeman came up and took her away.
COURT. Q. Which side of the bridge did she throw the children over? A. The London side—she was going to throw herself over on the Richmond side—the tide was going towards the Richmond side—she was going to throw herself over the way the children's bodies would come.
Cross-examined. Q. Battersea-bridge is an open bridge of woodwork is it not? A. Yes, anybody can see who is on the bridge, not only on the water, but on the high-road—she took up the boy by the neck and the hand, and his two legs, and threw him over—I saw an open cart and an open van cuming over the bridge—I could see that there were watermen on both sides of the bridge.
COURT. Q. Did she do anything to the children before she threw them over? A. Nothing—she did not kiss them.
Chelsea—there is a back-yard to the house, which looks on the river—it is below the bridge, on the London side—on the afternoon of Saturday week I was in the yard very close to the water, and heard a splash in the water—I looked out and saw a child going into the water—and then I saw another—I only saw the two last—I heard a splash first—I saw the prisoner on the bridge, she had a black shawl and bonnet on—a boat was launched, and two men went out—I saw the baby brought on shore.
JOHN KINCHIN . I was in a van, going over Battersea-bridge, on Saturday—I saw the prisoner standing on the pavement—she called out to me, "Here, here! do you see my children in the water?"—she was waving her arms—she was about the middle of the bridge—she repeated the words again—I jumped off the van, went to the side of the bridge, and saw two children floating in the water, and a cap—I did not see her try to throw herself over myself—I did not go to her.
JESSEE HALTAM . I am a gardener, in the service of Lord Desborough—I was on Battersea-bridge on this Saturday, in a cart, and saw the prisoner on the bridge—she crossed over, and put her hands and her left foot on the parapet to throw herself over—I got out of the cart, and stopped her—I asked her what she was going to do—she said, "Look there! do you see my children?" pointing over into the water—I looked over, and saw two children floating on the surface of the water—one of them was picked up by some men in a boat—it was a little girl—she is alive—the prisoner appeared to be very much excited—she said she threw the children in through distress—I asked her what she done it for—she said her husband had ill-treated her, and gave her great threats that he would do for her—I called for a boat, and saw one child picked up—she said it was far better to see the children go before herself.
Cross-examined. Q. Was she running wildly from one side of the bridge to the other? A. Yes, in a state of the highest agitation—I have not the least doubt she would have thrown herself over, if I had not seized her.
THOMAS FORDERY . I am a waterman. On Saturday week, in the afternoon, I was in my boat near the bridge, and heard an alarm of somebody being in the water from the people on the bridge—I rowed and picked up a female child, about twelve months old—it was dead—I took it ashore—I saw a doctor examine it.
THOMAS WILLIAM WANDSBROUGH . On Saturday, 2nd of May, I was called in to see the body of a child—it was dead, and appeared to have died from drowning—I afterwards made a post mortem examination, which still more satisfied me it had died from drowning—I saw the prisoner at the station-house within an hour after the fatal occurrence—she was sitting in a chair, apparently calm, her countenance pale and haggard—I sat by the side of her, and felt her pulse—I counted it, and found it at 180—that is a state of high fever, amounting almost to delirium, between delirium and coma—the pupils of the eyes were dilated, the skin hot and dry, the tongue clammy and furred—I put some questions to her—she had a tremulous motion about her tongue when requested to show it—I asked her if she knew where she had been for the last hour or two—she appeared not to understand the question—she seemed lost—on my repeating the question, she. burst into a violent paroxysm of tears, and exclaimed, "I wished to see them go before me; he was the cause of it; he beat my head through the door, and he beat me when I was in the family way"—I did not ask her more questions then, because she was taken into a room to be searched, where I accompanied her—she was asked to empty her pockets, and drew out a dirty cloth, which she said was her pocket-handkerchief, and an. empty purse—the searcher said, "The purse
is empty"—she said, "Ah! that is it"—then she said, "I wish to see my I baby, I should like to see my baby"—I said, "You know where your baby I is, don't you?"—she hesitated a few seconds, and replied, "It had a straw I bonnet on, and a pretty cap"—this was all I staid to hear her say—I left immediately—I considered her in a state of high nervous irritation, and her I brain, I should say, in a state between coraa and delirium.
COURT. Q. The skin being hot and dry, and the tongue clammy, and I furred, could that have originated within the last hour? A. I should say that I was progressive—it certainly could not have begun and got to that state I within the hour—it might have commenced some hours previously—I judge I that it commenced within a few hours, not within the last hour, but to have increased.
Cross-examined. Q. Having heard a description of the facts which occurred on Battersea-bridge about an hour before you saw the prisoner, in your judgment, with the experience you have had of persons in such situations, is it your opinion that at the time she did these acts, by which the child met its death, her mind was unsound? A. Decidedly, I should say—if she had been I describing something to have happened to her which had not in fact happened at all, such a description would be a symptom of a deranged intellect—from what I have heard her allege to have happened, and what she herself afterwards did, and from the state in which I found her, I should say decidedly her mind was in a state of aberration an hour before—I draw that conclusion from the state of her pulse, which was 100 above the general standard.
COURT. Q. Suppose a person to commit a great crime, and was in a great fright? A. My lord she did not appear in a fright—she was calm—I speak from the state of her pulse, and the eye, which is not capable of being governed by the will—I had, unperceived by her, noticed her, and there was that which is characteristically indicative of aberration, what is termed a mowing of the mouth, and a bragging of the lips, as if in internal communion—the tremulous motion of the tongue is characteristic of mental aberration.
MR. CLARKSON. Q. Were you able to see anything more? A. There was congestion of the brain in consequence of an increased action of the pulse—in my judgment that would assist to deprive her of consciousness.
COURT. Q. Like a man in a sleep? A. Yes—not properly speaking a perversion of the understanding, but like a man in delirium jumping out of a window for instance—a state of delirium from fever—there would be no previous appearance of perversion of intellect, but like a person cutting his throat in a paroxysm of fever—not that the mind is wrong, but like a person without a mind.
MR. CLARKSON. Q. Do all the circumstances you have heard detailed confirm in your judgment that was the nature of the disorder? A. They do—I am decidedly of that opinion—this is a character of madness which may come on on a sudden, and equally rapidly subside—mental causes produce physical effects, which may subside after the cause has subsided—she was not aware that I was looking at her—I appeared to be talking to the inspector, and observed her unknown to herself—I saw her again at the police-office, on the Wednesday—she appeared then in statu quo, more distressed—I did not speak to her—I at that time most decidedly thought her mind deranged—similated madness is very easily distinguished by the faculty, the symptoms are too well known—there was no reason to suppose that on Wednesday, there was any opportunity of deceiving me by any simulation—there was not the slightest reason to believe there was not mental derangement.
Q. The contents of the letter appear addressed to the husband, and the letter itself addressed to a relative, would that in any degree interfere with your conclusion? A. On the contrary, it will assist it.
ELIZA GARMAN . I am the prisoner's aunt—I know her children—I saw the baby, Jane, after its death—it was her baby—I know the prisoner's handwriting—this letter I believe to be hers (read,)—addressed to "Mr. Champ, painter, No. 13, Wellington-street, Queen-street, King's-road, Chelsea—Eliza Garman—Eliza Clark, wife of James Richard Clark,—Now my Jemmy, you need not give me any more of your threats, because I do not need them, and I hope the next wife you get, you will know how to use them, and not act a brute to them as you have to me, and bid me good-bye in the morning, and come home at night and knock my head through the panel of the door, and break my rest the whole of the night, and swear in the morning that he would come home drunk and kill me, and I would rather prefer seeing my children go before me, and then I shall know that they did not starve.—E. CLARK. And if you go to Battersea-bridge you will find the children in there."
MR. CLARKSON to ELIZA GARMAN. Q. Was there a woman in the neighbourhood, in the house of a man named Wallis, who was in the habit of suckling one of the prisoner's children? A. I know the name of Wallis, but knew nothing more—there was no woman that I know who suckled any of the prisoner's children.
NOT GUILTY, being insane at the time.
Third Jury, before Mr. Justice Coltman.
GUILTY . Aged 64.— Transported for Life.
Before Mr. Baron Alderson.
MR. CARTEEN conducted the Prosecution.
EDWARD WRIGHT . I am a labourer, and live in St. George's-row, Pimlico. On the 15th of April I was at the King's-head public-house, and left there between twelve and one o'clock in the morning to go home—I did not see anybody when I turned my back from the door—I then received a blow in the back part of my head, which cut a hole through the back of my hat, and wounded my head—I cannot recollect anything more, how many blows I had, but my head was afterwards wounded in several places—when I came to myself, I found myself on my back, holding the prisoner by the legs—I cried out "Murder"—a policeman came and I gave the prisoner in charge—he was taken to the station, and I to St. George's hospital—my wounds were dressed there—I remained there until Friday, and came out as an out-patient—my head I was wounded, and cut in two places—at the back and on the crown, and several bruises on the back part—they bled a great deal.
Cross-examined by MR. O'BRIEN. Q. Had not you been drinking a good deal? A. No—I was a little in liquor, but was sober enough to know what I was doing—I never saw the prisoner before to my recollection—I do not know how many there were drinking in the public-house—I had no quarrel there with anybody.
MARY DREW . I am single, and live at No. 4, Ship-court, Horseferry-road—on Wednesday, the 15th of April, about one o'clock, I was passing the King's-head public-house, and saw two men standing against the door—I I heard them say something, in consequence of which I waited to watch them—they
left the door, and went down St. George's row, and returned with the prisoner and another man—I saw the prisoner with a pair of tongs under his coat—he stationed himself by the side of the public-house door—the other men went on the opposite side of the road—the prisoner shifted the tongs from his left to his right hand—I saw the prosecutor come out of the public-house, and the prisoner struck him on the back of the head with the tongs—the prosecutor had his hat on—the blow knocked him down, and cut the back of his hat—he got up, and the prisoner repeated the blow several times, and knocked him down again—then he laid hold of the prisoner's legs, and called out "Murder"—the prisoner threw the tongs down as the policeman was coming up—the prosecutor told the policeman to take him in charge—the prisoner said he had not struck any one—I picked up the tongs, and gave them to the constable—the prosecutor appeared in a very weak exhausted state, and bleeding very much from the head.
Cross-examined. Q. You had never seen the prisoner before? A. No, nor the prosecutor.
ROBERT MORRIS . I am a piano-forte maker, and live at No. 17, Greycoat place, Chelsea. On the 15th of April, about one o'clock in the morning, Twas passing the King's-head—Drew deaired me to wait there—I saw the prosecutor come out of the house, and shortly afterwards the prisoner struck him with a pair of tongs, on bis hat and head—he was knocked down—(I had not seen anybody before the prosecutor came out)—he received several blows—I did not see him knock him more than once—I saw him take hold of the prisoner's legs—he called out "Murder" as loud as he could—the prisoner dropped the tongs—the policeman came up, and took the prisoner in charge—I am quite sure the man the prosecutor held by the legs wai the man who knocked him down—the prosecutor was bleeding very much.
Cross-examined. Q. Were there many persons there at the time? A. Nobody—I did not notice anybody on the other side of the road.
GEORGE STEVENSON (police-constable B 83.) On the morning of the 15th of April I was on duty in St. George's-row, and heard a cry of"Murder!" in the direction of the King's Head—I went to the King's Head, and found the prosecutor lying on his back, holding the prisoner by his legs—he said, "This man has nearly murdered me," and desired me to take him—the prisoner denied knowing him or striking him, several times—Drew was there—she picked up the tongs which laid by the prisoner, and said he had struck the prosecutor several times on the head with them—the prosecutor had a good deal of blood on his nead and clothes—I saw blood come from two scalp wounds on his head—one wound was in front of his head and one near the crown—they had cut through the skin—they could not have been given by one blow—I took the prisoner into custody, and took the prosecutor to the hospital.
Cross-examined. Q. Did the prosecutor appear worse for liquor? A. Yes—the prisoner appeared perfectly sober—when I found the prosecutor on the ground he had not his hat on.
GUILTY —Aged 40. Confined One Year.
Before Mr. Justice Coltman.
MR. COBBETT conducted the Prosecution.
have cohabited with the prisoner seven years. On the 27th of March I was at home, drinking with her—she asked me to go to her son's house, in Queen Catherine-court, Stepney—we went there together, and had something to drink—we stopped about a quarter of an hour—as I was then opening the! door to come out, I got my head cut open—there was nobody in the room but the prisoner and her son, and it must have been her that did it—I cannot say what is was done with—I had had no quarrel with her—she was a little intoxicated, and so was I—we had been drinking all the morning—I bled a good deal—her son dressed my head—I then went to a doctor's—he dressed it again, and told me to make the best of my way to the London Hospital—as I went along I met the policeman—he took roe to the station-house, and took the prisoner into custody—there was a crowd coming after me, and I believe she was among them—I do not know how I was wounded—I did not see any one strike me.
Prisoner. Q. Did not I go to the doctor's shop with you? Witness. I think she was there.
Prisoner. We had been drinking for a week before that—he stopped away from me three or four nights—I found him at the Blue Anchor, on Sunday—he said if I did not drink he would heave it over me. Witness, I was only out one night—the rest she has said is true—I was at home on Thursday night—this happened on Thursday or Friday—I gave her a glass of gin.
WILLIAM M'LEAN . I am the prisoner's son. On Friday, the 27th of March, she and Dixon came to my house—they remained there about half an hour—before they went away, she asked him what he stopped out all night for—he said he would do it again if he chose, and they had words about it—I went up stairs to put away some things which I had been moving, and left nobody but them and a boy in the room—as I came down I heard Dixon say, "Oh! my head is bleeding"—when I got down I saw it was bleeding—I had three or four dinner-knives on the table when I went up—I sent for 1d. worth of strapping, and strapped Dixon's head up—I said he had better go to a doctor.
WILLIAM HOW . I am a policeman. On the 27th of March I was at Stepney, and saw Dixon in Brook-street, about seven o'clock—a great many persons were hooting out, "Who stabbed her husband!"—I went and found Dixon bleeding, and asked who did it—he pointed to the prisoner, who was on the other side of the road—I took her into custody—he followed her to the station—I told her I took her for stabbing her husband with a knife—she said she did not stab him with a knife, she threw something at him—I went to the son's house, in Queen Catherine-court, and found the knife, which I now produce, in a drawer with two or three others—there were two or three small spots of blood on it, quite fresh, and it is turned up at the point—the back part of his head was bleeeding.
EDWARD WANDERER TOWNSEND (police-sergeant.) On the 27th of March the prisoner was brought to the station—Dixon came with her—from the answers he gave me I considered him sober—he was bleeding profusely from the back of the head—I sent for a doctor—I asked Dixon, in the prisoner's presence, how he came by his wound—he said the prisoner had done it—that she jobbed at hire with a table-knife—she said, "Yes, you vagabond, and I will do for you again; you have been away from me since last Saturday: I have had nothing inside my lips since yesterday morning"—she then became very violent, and the prosecutor being faint, and apparently insensible, I put her into the cell—he was sent to the hospital.
JAMES STOCK . I am a surgeon, living at King David-lane—I was fetched to the station, and found Dixon in an almost insensible state, bleeding profusely from the hack of the head—a hranch of an artery was cat—I stopped it—the wound was about an inch long, and a quarter deep—this knife was very likely to make such a wound—the edge vat jagged, which will account for the knife being bent.
Prisoner's Defence. I went to my son's house with Dixon; he sent for some drink, which we had; he wanted to go out for more; I would not allow him unless he gave me some money first; he went to the table and took up a knife: I thought he was going to cut me, as he has done several times, and I have the marks about me: I went to take it out of his hand, and by some means his head got cut; he said his head was bleeding, and I took him to the doctor's; I thought we were going home, but we met a policeman, and he gave me in charge.
GEORGE DIXON re-examined. I was going out for more drink—she said I should not unless I gave her some money—I had a knife in my hand—I do not rightly know what for—she was trying to take it out of my hand—I think it was in the scuffle that I got cut.
NOT GUILTY .
OLD COURT.—Saturday, May 16, 1846.
Second Jury, before Edward Bullock, Esq.
GUILTY . Aged 22.— Confined Twelve Months.
1013. ROBERT WADE was indicted for burglariously breaking and entering the dwelling-house of Mary White, on the night of the 28th of April, and stealing 1 chimney sweeping machine, value 4l., her property; and that he had been previously convieted of felony: to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
1014. SAMUEL STANDEN and WILLIAM JONES were indicted for stealing 250lbs. weight of tea, value 40l.; 8 chests, 10s.; and 3 hats, 10s.; the goods of James Rattroy: and 1 pair of boots, value 5s.; the goods of Peter Patenon, on board a vessel on the navigable fiver Thames; to which
STANDEN pleaded GUILTY . Aged 36.
JONES pleaded GUILTY . Aged 23.
Transported for Seven Years.
GUILTY . Aged 22.— Confined One Month.
MR. BALDWIN conducted the Prosecution.
THOMAS BENNETT . I am a gold-beater, and live in Woodbridgc-street, Clerken well. I have bad dealings with the prisoner some years, and occasionally took his own acceptance from him—I received this Bill of Exchange for 14l. from one of his workmen, with a message from his master—I gate the money for it to the prisoner himself, at his own door—I gave him 10l.
13s. in cash, having 7s. for the discount; and 3l. was allowed for my account with him—I took the bill, believing it to be the acceptance of Mr. Fisher—it was not paid when due—I met the prisoner by accident, not being able to see him otherwise—I told him I had heard the bill was a forgery—he said, "Oh, I will soon set that on one side."
Cross-examined by MR. BALLANTINE. Q. Did you know whose handwriting this acceptance is? A. I only supposed it to be Fisher's—I did not for a moment suppose it to be the prisoner's—I have had several bills from the prisoner, on Fisher—I should say about four—I never heard of them afterwards, and they must have been paid.
KING FISHER . I live at No. 16, President-street. I know the prisoner—the acceptance to this bill—(looking at it)—is not in my handwriting—I did not authorize the prisoner, or anybody, to accept the bill in any way whatever.
Cross-examined. Q. How long have you known him? A. From a boy—I believe him to be gaining his livelihood respectably—I always had a high opinion of him—he has unfortunately failed in business lately—I dare say that is the reason the bill has not been paid—our first transaction together was an application by me for a loan of 10l.—the prisoner said, "I can get your bill discounted," and he drew one on me, and accepted it in my name—I met him by accident in the street—he said it would save the trouble of sending to my house, he would accept it for me, and he did—after that he accepted several other bills—I do not know the amount—they were all presented at my bouse for payment, and all paid by him—I know they were accepted in my name after they were made payable at my house—I did not notice my name on any notice left at my house, but I found out that it was so—he might imagine that he had authority to accept in my name—I made a communication to him at one time not to accept any more in my name—he had no written communication about it till after this bill was accepted—I wrote to him some time before this, but the formal notice to him was given on the 3rd of Jan.—I sent him the notices of the bills in one or two instances.
NOT GUILTY .
ROBERT DICK (policeman.) On Monday, the 7th of May, about half-past seven o'clock, I saw the prisoners together in King-street, Hammersmith—I followed them—Veraker was trying a jacket on—I asked them where they got it—Dixon answered that he had bought it, and gave it to Veraker to try on—he could not tell me where he bought it—I took them to the station.
Cross-examined by MR. PAYNE. Q. Veraker made no answer at all? A. No—the prisoner's wife asked my advice about employing counsel—I did not tell her I would stick to her hard and fast if she did, or would make it worse for the boys.
Cross-examined. Q. You had not seen it all day? A. No—I had not sold it—nobody but myself and wife serve.
NOT GUILTY .
Before Mr. Baron Alderson.
MESSRS. BODKIN and CLARKE conducted the Prosecution.
FRANCIS WHITE (policeman.) On Sunday, the 19th of April, between eleven and twelve o'clock at night, I was on duty in Whitechapel—my attention was called to the springing of a rattle in New-street, Whitechapel—I ran there, and found the prisoner beating Powle, policeman H 185, in New-street—he was on his back, and the prisoner struck me with a policeman's staff—there was another man on the constable also—I drew my staff to hit that person, as he was choking Fowle, I struck him across the arm—he was choking him by holding him by the throat—I struck the man (John White) across the arm, and made him let go—I immediately received a very severe cut on the right side of my head from behind, and had before that seen the prisoner with a policeman's staff in his hand, and supposed it came from him, the blow seemed to be given by some instrument, not with the fist—supposing it to be the prisoner that hit me, I turned round to hit him, and immediately received a blow on the forehead, a very severe cut—I saw the prisoner inflict that blow with a policeman's staff—I fell from the blow against some railings—I was senseless for a minute or two—then recovered—I heard the prisoner calling out to fling the b—r over the railing—I saw him, and heard him calling that out—my hat had fallen off when I stooped down to hit White, who was on the policeman, and I received both these blows on my bare head—my head bled a good deal—I was taken to the station by some of the constables—the prisoner was taken—a surgeon dressed my wounds—I have been very unwell—I was exempted from my duty for three weeks.
Cross-examined by MR. BALDWIN. Q. How many constables were present? A. At first two besides me, but not at the time I was assaulted—there were then 185 and I believe Ames 198—my staff was not wrested from me—185 had bis staff wrested from him—I do not know whether 198 had his taken from him—I thought the first blow was struck by the prisoner, but have reason now to believe it was not him—both blows caused bleeding—I fell down on my hands from the first blow, and was nearly stunned, but recovered immediately—it was a very short time between the first and second blows—I suppose a minute or two—at the time the second blow was struck I had recovered my senses, and wss standing upright—the person who struck the second blow was right in front of me—I saw him plainly, and swear that wound was inflicted by the prisoner—I cannot say how many men were present besides the police—only the prisoner and White were assaulting the policeman when I ran up—I did not see a man named Sullivan there—the prisoner was dressed as he is now (in a flannel jacket)—White had a blue pilot coat on—he was on the policeman—I do not remember seeing more than two persons when I went up—there were three constables then and these two men—185 was by himself—I ran up, and I believe 198 afterwards came up—I cannot say whether Ames was there when the first blow was struck—I did not see him till I recovered myself.
MR. BODKIN. Q. What took you there? A. Something was told me, and I went there immediately—this was the second disturbance—there was no disturbance then, except the policeman on his back and White on him—I had seen the prisoner before I received the blow from him, and had noticed him the first part of the row—I received no blows on the head that night but the two I have mentioned—I am positive the second blow was given by the prisoner.
CHARLES ANDREW AMES (police-constable H 198.) On Sunday night, the 19th of April, about nine o'clock, I was on duty near Wentworth-street, Whitechapel—there was a disturbance and fighting going on in Sugar Loaf-court, Commercial-road, near Wentworth-street—I interfered to prevent it
five or six different times io the course of the night—the prisoner was one of the persons engaged in the disturbance—there were four or five of them altogether—having left them tolerably quiet, at half-past eleven at night I heard a call of "Murder!"—I went up the court, and saw Dennis Ragan there fighting—ha knocked me down, he said some wicked words, and dared me to touch him—I believe he is the prisoner's brother—the prisoner was there, and when I endeavoured to take him into custody, four or five of them tried to pull him away from me—the prisoner caught hold of him, and tried to pull him away from me—there was a large lot of people round—I got assistance, and got Dennis Ragan as far as Commercial-street, and there an attack was made, and an endeavour to rescue him—a gentleman said he would run to the station-house, and get assistance for me—they got me down on the ground—Dennis Ragan went down with me, as I would not let him go—they kicked me on the back while I was down—the prisoner was there at that time—White came up—I was standing with Dennis Ragan at the corner of Fashion-street, and there was a struggle with a policeman going on—185 came to my assistance first, and tried to help me take Dennis Ragan to the station, but was prevented by the prisoner—I saw the prisoner knock him about—I did not see him down on the ground—I saw blows struck upon White by Sullivan with a policeman's truncheon—Sullivan had then got a flannel jacket on—after he struck White, I saw him throw the staff over the railing—I only saw him strike one blow—White's hat was off at that time—I saw the prisoner there at that time—I did not notice whether he had anything in his hand or not.
Cross-examined. Q. There were three policemen, yourself, White, and 185? A. Yes—more came directly afterwards, but not at the time the blow was struck—Dennis Ragan, John White, Sullivan, the prisoner, and two more were present, one of whom I can swear to, but the other I cannot—I saw Sullivan strike White, the constable, on the head with a staff—he got the staff from 185—I did not lose my staff—I never took it from my pocket till I got hold of the prisoner—I only saw one blow struck—after striking that blow, Sullivan? threw the staff away, and made his escape for some time—I did not see any more of him, till after twelve o'clock—it was a dreadful blow on the side of the head—I could not see what became of the policeman immediately after the blow—there were two or three people round him—he was knocked down on his hands and knees with the blow, and some of the men got round him—I could not see whether he got up, for I went on with Dennis Ragan, who I had got.
THOMAS MEARS . I am surgeon to the H division. On the 19th of April, j about twelve o'clock at night, I was sent for to the station—the policeman, Francis White, was there—I found two very serious wounds on his head, one on the right side, and the other on the forehead, which was not quite so severe as j the other—it was a contused wound, about three inches long, and extended to the bone—it must have been a very violent blow done by a blunt instrument—he remained ill for three weeks—he was in considerable danger at first—a good deal of head-ache and symptoms of internal injury.
Cross-examined. Q. Was it such a blow as might be caused by a policeman's staff? A. It was—that on the side of the head was more exteusive I than the other—that might have been caused by a policeman's staff.
COURT to CHARLES ANDREW AMES. Q. You saw the man throw the staff over the rails, what sort of rails were they? A. A fence to keep the people from some houses—the place behind the rails was five or six feet deep—we went afterwards to look for the staff, but it was gone.
GUILTY . Aged 28.
(See note to the next case, page 38.)
Second Jury, before Mr. Baron Alderson.
1019. DENNIS RAGAN, WILLIAM RAGAN, JOHN WHITE , and JOHN SULLIVAN were indicted for assaulting Charles Andrew Ames, and John Hope, police-constables, in the execution of their duty.—Other COUNTS, for a common assault.
MR. BODKIN conducted the Prosecution.
CHARLES ANDREW AMES (police-constable H 198.) On the 19th of April there was a disturbance in Wbitechapel—I saw all the prisoners there fighting five or six at the time—I got them in-doors five or six times—I endeavoured to quiet them—about half-past eleven that night I heard calls of "murder" and "police"—a respectable person came to me, and I went to Sugar-loaf court to try to quiet them again—I was knocked down the moment I got into the oourt by Dennis Ragan—the other prisoners were all scrambling and fighting together—when I got bold of Dennis Ragan they tried to pull him away from me—I took him in custody—he said, "you b—y vagabond, if you offer to put a hand on me, I will cut your b—y stones out"—I seised him, and the other men tried to pull him away, catching hold of his arms and legs—William Ragan kicked me in my back, and White and Sullivan both struck roe—I got bruised all over my body—I was then struggling to get Dennis Ragan out of the court—the person who gave me information was not with me then, but there was a person who I had called to my assistance—when I called to the gentleman for assistance they let him come quietly a little way, and as soon as the gentleman went for assistance they came and kicked me—all three of them—I had hold of Dennis Ragan, and he bit me under my chin several times—the others kicked me and knocked me about, and two others who are not yet taken—some other policemen came into the street—these men continued beating me till more policemen came up, and White called out "down with the b—y police."
Cross-examined by MR. BALDWIN. Q. I suppose the men were not quite sober? A. No—they were scuffling together in the court and quarrelling—it was rather a scuffle than a fight—Dennis Ragan struck me immediately I went up—I had not spoke a word to him, nor he to me—the blow struck the side of my head—the others were standing in the court close by him—I will swear Dennis Ragan struck me—they were scuffling at that time, and Dennis Ragan was trying to get hold of a female, saying, he would murder her—William Ragan struck roe in the back in New-street, Commercial-road—at the time I was taking Dennis Ragan he either struck me or kicked me—I saw him distinctly kick me in the back with his knee, that would push me on—the others who are not taken kicked me two or three times—I helped to take White and Sullivan in custody—we took White after twelve o'clock at night—the people down stairs denied him, but we went up, and took him—I knew him before.
Cross-examined by MR. O'BRIEN. How long have you known Sullivan? A. Not long—I have seen him about the court three or four days before this—there were a great number of people in the court when I first went there—when I took Dennis Ragan in charge there were more than twenty or thirty people—then the other parties followed me out of the court, not a great way—as far as Wentworth-street, and assaulted me—I know Fowle, the constable—his staff was not taken immediately he came up, but in about a quarter of an hour—I saw it in his hand in Wentworth-street—he was standing up when his staff was wrenched from him—when I went back after taking Ragan to the station, one of my men had got Sullivan in custody—I said, "that is the man that struck White"—I have not the least doubt about that—he had a flannel jacket on—I will swear the first time I saw Sullivan
was a little after nine o'clock—he was in the court five or six different times, going in and out—he kicked me on the back with his foot, as I was going along taking Ragan—the prisoner had turned round—in turning round to keep hold of him I saw Sullivan—the gentleman went to the police-office—I have not seen him to-day.
MR. BODKIN. Q. You took Sullivan that night? A. Yes, in Sugar Loaf-court—I did not take him first myself—I took White in the same house a little after twelve o'clock—I told him what it was for—he said he was not there, and the policeman took his hat off—there was blood inside it, and his head was bloody.
MR. BALDWIN. Q. In taking White was he not thrown down stairs, and hurt himself? A. No—his hat was found on him with blood in it, up stairs in the room.
JOHN HOPE (police-constable H 122.) About eleven "o'clock on Sunday night I was at the station—a gentleman came and made a communication to me—I went as fast as I could to Wentworth-street, and found Dennis Ragan in custody, kicking and doing all he could to get away—he was on the ground—I do not know who had him in custody, as I went further on, seeing another constable in trouble—there were several officers about him—I did not notice either of the other prisoners at that time—I saw Fowle a few yards further on—I went on to him and found the other three prisoners there kicking and pulling Fowle about, and trying to rescue a man from him who he had in custody—I heard William Ragan and Sullivan cry, "Down with the police" several times—Fowle's face was covered with blood—I went up to assist him, hold his prisoner, and William Ragan sung out something in Irish which I did not understand, and they all at once rushed on me—William Ragan and Sullivan got hold of my collar and got me down on the ground—John White got on my back while I was down and said he would cut my b—y stones out, and at the same time while he was on me I felt something about my belt, and found it was cut about the middle behind—I did not see any cutting instrument in his hand—I did not lose my staff—I had it in my hand—William Ragan got hold of one end of it, but could not get it from me—he tried, but I held it—I was kicked in my side by Sullivan and by Ragan too while I was down-Dennis Ragan did not do anything to me—M'Mitchen, H 13, came up, and with his assistance I got up from the ground and seized William Ragan—he said, "I am sorry I have not done it for you"—I was much hurt and very sore—my trowsers were nearly pulled off me.
Cross-examined by MR. BALDWIN. Q. Which is White? A. The next to Sullivan—I am sure White is one of the men—I had never seen him before—I turned on my light—he was dressed as he is now—I swear he is one of the men—I believe he lives in Sugar Loaf-court, but am hot certain—I have heard so—I should not know where to find him—Dennis Ragan was in custody when I first came up—it was not after my belt was cut that William Ragan laid hold of my staff—it was about the same time—that was William Ragan—I have always said so every time I have given evidence—this is my signature to this deposition—it was read to me before I signed it—(read)—"William Sullivan then took hold of my staff, kicked me in my loins, etc.—I got up and seized William Ragan"—there is a mistake in the Christian name—the name of Sullivan is in my deposition where it ought not to be.
Cross-examined by MR. O'BRIEN. Q. All that you stated in your deposition with reference to Sullivan applies to Ragan? A. No, only about holding the staff—there might be five or six constables there before me—I do not recollect who the others were, as I went away to assist Fowle—I saw White—I did not see Doughty there—there were sixty or seventy
people—I never saw Sullivan before—when he was taken he said he had nothing to do with the row—he did not say he had been with other parties during the time—I do not think there was another man with him when he was taken—there was a woman—I took him by the place where the row commenced, about half an hour after it was over, outside the court, coming towards Spitalfields.
COURT. Q. In that part of your deposition that has been read they have mistaken the name of Sullivan for Ragan, you do not say that Sullivan struck you but that Ragan kicked you? A. I mentioned Sullivan kicking me as well—William Ragan had not hold of my staff when I seized him—he had got two or three yards from me.
JAMES M'MITCHEN (police-constable H 131.) On the 19th of April I went to Commercial-street, Whitechapel, and saw Dennis Ragan striking some of the police—he was lying down on the ground and kicking some of the policemen—Ames and another were there—I assisted in taking Dennis Ragan towards the station—in consequence of information I went back to where I the other men were, in Commercial-street—I saw Hope there on the ground—White and William Ragan were both down on the top of him kicking him—I only saw two on the top of him—there were several by—I cannot swear to Sullivan—there was a man of his appearance and height there, with a flannel jacket on—William Ragan was dressed as he is now, and White also—I took hold of White and pulled him off Hope, and received a blow in my face from White—I afterwards went and found White in a house in Sugar Loaf-court—I produce a hat which was on him—it was bloody at the time, and his head was bloody—it appeared to have been lately bleeding—his head was wet—I picked up another hat in Commercial-street, where the row was—it was claimed by William Ragan.
Cross-examined by MR. BALDWIN. Q. Did you know White before? A. No—I swear he did not fall down stairs—he did not say he was not in the row—William Ragan was not in custody before I came up to him—I believe Hope took him—he claimed the hat next morning.
Cross-examined by MR. O'BRIEN. Q. When you saw Hope you saw two other men by him? A. Yes, and a crowd standing round—I only saw two on the top of him—that was all I saw engaged with him—I turned back when I heard some of our men were getting killed—Hope went back with me almost at the same time—we had remained together almost until I left.
WILLIAM FOWLS (police-constable H 185.) About half-past eleven o'clock on this night, in consequence of a communication from a gentleman, I went to Commercial-street, and saw Ames with Dennis Ragan in custody—he was kicking and resisting—I sprang my rattle for assistance—William Ragan took it out of my hand, threw it on the ground, jumped upon it, and broke it—the handle was picked up by a gentleman directly afterwards—Ames sprang his rattle—I was struck by a man not here—a few minutes after White came to my assistance, I saw a man with a flannel jacket on strike him on the head—I remained there about five minutes before my rattle was broke, and about half an hour after that I lost my staff—I do not know who took it—I was on the ground at the time, and three or four upon me, I do not know who—I saw Hope knocked down by two or three—I cannot positively swear who it was.
Cross-examined by MR. O'BRIEN. Q. Was it not at another part of the affair that the staff was taken from you? A. Yes—Ragan snatched my rattle from me earlier in the affair.
DENNIS RAGAN— GUILTY . Aged 22.
WHITE— GUILTY . Aged 45.
Confined One Year.
WILLIAM RAGAN— GUILTY . Aged 28.—(see the former case.)
SULLIVAN— GUILTY . Aged 25.— Confined Two Years.
It was stated by John Brown Doughty, policeman, that he was present at the riot, was knocked down by a person resembling Sullivan, and while on the ground his staff was taken from him, and that he had lost it.
Second Jury, before Mr. Justice Coltman.
1020. JOHN DAVISON, ROBERT LAURENCE, ROBERT MORRIS , and JOHN SMITH , were indicted for unlawfully assaulting James Brannan, and Edmund White, police-constables, in the execution of their duty, with intent to resist the lawful apprehension of a man unknown, who had been found in the act of making counterfeit coin.
MESSRS. BODKIN and CLARK conducted the Prosecution.
JAMES BRANNAN . I am serjeant of G division of police. On the 20th of April, about three o'clock in the afternoon, by direction of the Mint, I went to a house in New-court, Duck-lane, Westminster, with Tate and White, policemen—we were in private clothes—I forced my way into a first-floor front room there, and found a man in the act of casting counterfeit half-crowns—I proceeded to secure him, and handcuff him—whilst so doing, a number of persons assembled in the court, and I saw from the window the prisoner Laurence, throw a brick through the window, which it broke—it hit White on the face, and knocked him down—the window was up, but the brick came through the glass—I found the window open when I got into the room—I called out to Laurence, "I am a police-sergeant, and shall have an opportunity of knowing you another day, young fellow"—I cannot say that I had ever seen him before—there were from eighty to 100 people in the court—I called out that I was a police-sergeant loud enough for them to hear me—I noticed the prisoners Morris and Smith there at that time, and they each threw a brick or stone through the window, one of which struck me on the side, in the room—a great many bricks and stones were thrown into the room the floor was nearly covered—we could scarcely walk on it—from eight to twelve people rushed in at the window, and at the same time others rushed in at the door—there were twenty or thirty there—they overpowered me and the officers after a desperate struggle, and got the man out of our custody—I sprang down stairs alter him, but he escaped with the handcuffs on—I was knocked down at the foot of the stairs, and stunned—I recovered myself shortly after, and went staggering out into the court—as I staggered down the court I received a blow at the back of my head from a brick or stone, which felled me into the kennel—I was stunned—I knew nothing more till I found myself in a baker's shop, bleeding profusely from a wound in my head—I received many kicks and blows when I was knocked down at the foot of the stairs—I was confined to my bed several days from the injuries I received, and am now under medical treatment—Laurence, Morris, and Smith were outside the house when they threw the bricks—I did not notice either of them inside—the mob outside cried out, "Give it to the police, give it to b—Brannan." Cross-examined by MR. PAYNE. Q. Where were you standing when the brick came in at the window which struck White? A. Within about three feet of the window—my attention was attracted by the noise outside, which caused me to look out—there were many others outside, whom I can recognize at a future day, I hope—I took particular notice of Laurence, and told him I should be able to see him at a future day.
Cross-examined by MR. DOANK. Q. Did you know the prisoner you originally
had in custody? A. Yes, and could mention his name—I had no warrant—I knew him before—I caught him in the act of destroying a mould, and found a half-crown so hot I could scarcely handle it—the man was in the act of crushing the mould with his feet when I went in—I was knocked about in a frightful way, and quite senseless after the second blow—I saw Morris in the court—the three prisoners I speak to were in the front of the mob at the time Laurence threw the brick—I am sure I am not mistaken in Morris—both him and Smith threw together, and I cannot swear which struck me—I broke the door open without a warrant—I was four or five days in bed, and it was after that I saw Morris again.
MR. BODKIN. Q. When you got into the room, and heard the shout, did that take you to the window? A. I was close to the window, and looked out before any brick or stone was thrown, and took particular notice of those in front of the mob—I have not the coining implements here.
EDMUND WHITE (police-sergeant G 9.) I accompanied Brannan to New-court. When I first entered the court I saw a quantity of counterfeit shillings and half-crowns thrown from a first floor front window—I produce three of the shillings which I picked up—I saw the room they were thrown from, and the person who threw them out—we afterwards found the same person in that room, and took him into custody—there was a fire in the room, with three chairs in front of it, and three galvanic batteries on them—they are used to coat the half-crowns with silver, by coiners—I saw a pipkin on the hearth, with white metal in a fluid state in it—I saw Brannan take some coin from a corduroy jacket which lay on the bed—some of it was good money, and some counterfeit, in an unfinished state—Brannan had entered the room before me, and was up stairs before the money was thrown out—I stopped outside for fear the person should jump out of window—I heard the door broken open—when I first entered the-court a woman screamed very load, "Jim, Jim, here comes the b—coppers," and at that moment the money was thrown out—I have heard the police called coppers before—when I was picking up the money in the court, the prisoner Davison was standing in a passage directly opposite the house, and threw brickbats or stones at me—there were brickbats and stones together, several of them hit me—he threw several half-bricks, and at last he threw a whole brick, which nearly cut me on the head, and went right into the passage—when he threw, he said, "You b—dog, I will do for you"—Brannan called me, and I went into the house—while in the room several bricks were thrown in at the window, and smashed the glass—one struck me, and cut the inside of my cheek very much—it knocked me down, and I bled very much—I saw several men get in at the window afterwards—I was holding the man when I was cut by the brickbat—there was a rush up stairs, and several men came into the room—I was knocked down, and kicked about my body very much, and in that time the man escaped—Tate was in the room before me—as I went down stairs I was severely beaten—I jumped half way down, and had to fight my way out of the house.
Davison. Q. Was there any more came out when I threw the brick at you? A. There were several at the back of you—I distinctly saw you—there were several bricks thrown—it was before I picked up the coin when I was looking up at the window—I turned round, and distinctly saw you throw the brick at me—there were not eighty or 100 people there then.
HENRY TATE (police-constable G 136.) I followed Brannan before White—I heard a woman call out as soon as we were seen in the court—I felt a quantity of money come out of the window on my head—I picked up two counterfeit shillings—I remained below not more than a minute—during that time I saw Davison come from a doorway directly opposite the house—he
aimed a blow at me with his fist—I warded it off with a small crow-bar, and said if he did not stand back I would hit him with it—he immediately stood back in the doorway, and I went up stairs—I assisted Brannan to force the door—we found a man there whom we secured—he had resisted at first, and we put on handcuffs—he was crumbling something under his feet when we went in—it turned out to be chalk or plaster of Paris, as if it had been a mould—there were three chairs with three galvanic batteries, a quantity of plaster of Paris in paper, and a file—a quantity of men rushed in at the door, headed by Davison—I should say a dozen came in at the window—there were about twenty altogether—as many as the room would hold—Davison made a blow at me with his fist, which struck me in the breast, and knocked me over a chair—I do not recollect his saying anything—there was a general noise—we had a desperate fight, and I could not succeed in keeping him—we fought our way out of the room—I and White were fighting among the mob for five minutes after Brannan got out—I can swear to nobody but Davison.
JOHN BUBBERS MATHER . I am surgeon to the G division of police—on the 20th of April Brannan called at my house, and I saw him afterwards at his own house that night—he appeared to have been sadly knocked about, covered with blood, and much wounded on the head—there were contusions on other parts of his body—White was wounded in the inside of his cheek—they were both under my care for some time.
Cross-examined by MR. PAYNE. Q. There was no external wound? A. It was an external wound, but the mischief was inside.
JAMES BRANNAN re-examined. I have now fetched the coins—here are three half-crowns—they are counterfeit—one was hot, and the others lying on a chair by the galvanic battery—I took up a portion of the mould that was crushed—it was quite hot, and there were portions of white metal in a pipkin on the fire—I did not examine the mould sufficient to say what it was for.
Davison's Defence. I was not there; I was in St. Martin's-lane from three to half-past five o'clock.
Smith's Defence. I was not there; I was at work with my brother.
DAVISON— GUILTY . Aged 19.—(See the next case.)
LAURENCE— GUILTY . Aged 18.
MORRIS— GUILTY . Aged 18.
SMITH— GUILTY . Aged 18.
Confined One Year.
Before Mr. Baron Alderson.
MESSRS. BODKIN and CLARKE conducted the Prosecution.
JOHN ROUND (police-constable B 210.) On the 21st of April, about two o'clock in the morning, I was on duty in Orchard-street, Westminster—as I passed by a soup shop, the prisoner was standing on the threshold of the door, and without a word being said by either of us, he raised a bludgeon, and struck me a severe blow on the left jaw, which dislocated it—I spit blood for five or six hours after—the skin was cut inside my mouth very much, and the teeth driven out of their places by the blow—they did not come out, but were bent inwards—he made a second attempt to strike me, but I drew back a few paces—I turned myself to see if there were any more round, and he ran off—the last prisoner Laurence came out of the soup shop, and struck me on the back—I sprung my rattle, and got two men—we went to Duck-lane together—we found several people assembled—we were pelted, and we took
persons to the station-house—we returned to the house, and found the prisoner in the front room first floor in New-court, Duck-lane, which was the house we had been pelted from—Davidson said he was not the man, but I am sure he was—he said, he would not open the door—we broke it open, and found two or three dozen bricks in the room—he tried very hard to get from us, and asked a girl in the room for a knife or a pistol that he might shoot us—I found four lance wood bludgeons about two feet long in the next room, one of which I have every reason to believe I was struck with—the wound I got was at the back of my jaw outside, but it is healed now—it bled on the outside.
FREDERICK WILDBORE . I am house-surgeon at Westminster hospital—Round was brought there about two or three o'clock in the morning—he had received a very severe injury in the jaw, so severe that I thought the jaw was broken—I found a portion of it broken, and I could push his teeth from side to side—I did not notice any external wound, but have since seen an external scar of an outside wound—there was blood inside his mouth—I have no doubt the skin was broken inside the month.
Prisoner's Defence. I own I was the man that hit him the second time, but not the first; it was a small walking-stick I had: he shoved the man who hit him with the stick; I came out; he spoke to me, and I hit him, but that was not the first time.
JOHN ROUND re-examined. There was a brilliant gas-light in the shop, and the shutters were down—I had a perfect view of his features—I have been on that beat three months—I have seen him frequently before, and knew brar—I was close to him when I passed the door, and am positive it was him struck the first blow—it was Laurence struck the second, with a stick of a smaller description, with a hook at the end of it.
Prisoner. Q. Did not you say to the man, "I will pay you well, Mr. Miller, if you do not go away?" and shove him aside, saying, "I know you, Miller?" A. No—I do not know Miller.
GUILTY . Transported for Fifteen Years.
OLD COURT.—Monday, May 18th, 1846.
Third Jury, before Mr. Recorder.
1022. GEORGE MEREDITH and JAMES CLUNE were indicted for a robbery on Evan Morgan, and stealing from his person, and against his will, 1 yard of cotton, value 1s.: and the materials for making 2 coats, 2l.; his property; and immediately before, at the time of, and after the said robbery, beating, striking, and using personal violence to him.
EVAN MORGAN . I am a tailor, and live in Oxford-market, Oxford-street—on Tuesday, the 7th of April, I was on my way home from Whitechapel, with the materials for two coats, wrapped in a black wrapper—about half-past six o'clock I had to turn up by a dead wall in the Kingsland-road, it being the nearest way—I saw two or three men standing at the corner of the wall—I went on, and the two prisoners followed me from the corner—they had ftntianr jackets on,—Meredith asked me if I would have a drop of beer—I said, "You are quite a stranger, I will have nothing to do with you; walk on"—they stood back, and in two or three minutes I received a violent blow on the back of my head—I believe it was struck by Meredith—I was senseless a few minutes—it knocked me down, and my bundle rolled into the gutter, and they ran away with it—Meredith ran away with it, I think, but they were both together—in about ten minutes a policeman came up—I went with him to the station, and gave a description of their persons and of the bundle—on the Thursday morning I saw them in custody at the station—I knew them—they are the very two men—the black wrapper which was round my bundle was found round Clune's neck—it has a private mark on it—I have not recovered my property—it was worth about 2l.
Cross-examined by MR. BALLANTINE. Q. The policeman showed a black wrapper to you, I suppose? A. He had it in his pocket, and showed it to me at Worship-street—it was taken off the man's neck on Thursday morning when he was apprehended—the private mark is a bit of white silk which one of my daughters had begun to hem upon it—I had not been drinking—I had been to Cook and Son's, in Whitechapel, not to a public-house—I described the mark on the wrapper to the constable before he took it off his neck—I had seen Clune before in passing that corner at times, but not to know his name.
ELIZABETH CLAXTON . I am the wife of John Claxton, a bonnet-maker, in Kingsland-road. On Tuesday evening, the 7th of April, between six and seven o'clock, I was standing at my window, which is opposite the dead wall, and saw three men pass my window—after some time they all ran back past the window as fast as they could—the first one had a black bundle under his arm—I did not see which of them that was—they had nothing when they passed before—I think the prisoners are the persons, particularly Meredith—I went out and saw the prosecutor in the mud—I pointed out to him the way they had run.
WILLIAM EDWARD BALL (police-constable 165 N.) On Tuesday evening, the 7th of April, I was on duty in Kingsland-road, and saw the prisoners cross from Mansfield-street to Kingsland-road, with another man—that leads towards the dead wall—I saw the prosecutor about four minutes afterwards—his face was covered with blood—he appeared much exhausted, and complained of having been robbed—he described some persons, in consequence of which I went in pursuit of the prisoners, and next evening took Meredith in High-street, Kingsland—I told him I wanted him for stealing two coats—he said he knew nothing about it—we walked about 200 yards, and came to a beer-shop—he said, there, "I am not going to be settled without Clune; he is in the beer-shop"—I gave him to another policeman, went to the beer-shop, and took Clune—he said he knew nothing about the robbery—Smith was with me in the Kingsland-road—we were both in plain clothes.
Cross-examined. Q. When you saw them, had they a handle? A. No—they were not running—I saw them before the robbery—I do not know the other man—I should have taken Clune whether Meredith had said anything to me about him or not.
Prisoner Meredith. I said nothing about Clune: I never knew him in my life. Witness. I have seen them together before, frequently.
JOHN SMITH (police-constable 121 N.) I was with Ball in plain clothes, and saw the two prisoners and a third man nearly opposite the King's-road, which is near the wall in the Kingsland-road—they were crossing in a direction of King's-road—I saw the prosecutor about three minutes afterwards—he was bleeding—he complained of being robbed, and described the persons, and from his description I knew where to find them—I was with Ball when the prisoners were apprehended, and heard Meredith say he would not be settled without Clune—before they were locked up, I took a black handkerchief from Clune's neck—I gave it him back—he said nothing about it—next morning the prosecutor came to the station, and in consequence of his description, the wrapper was taken off Clune's neck again and shown to him—he claimed it—this is it (produced)—he described it as a wrapper about a
yard square, and a small piece of white cotton or silk (I do not know which he said) about two or three inches from the corner, which his daughter had commenced marking.
ANN CLUNE . I am a widow, and live in Kingsland-road. My son is a bricklayer, and lives at home with me—I remember the 7th of April, it was Tuesday, I think—he was at home at ten minutes after six o'clock on that day—I know the time because I have a clock—I think he worked somewhere in town that day—I do not know with whom—he remained at home till half-past five in the morning.
Transported for Ten Yean.
MEREDITH— GUILTY . Aged 19.
CLUNE— GUILTY . Aged 19.
Transported for Ten Years.
JAMES FILBEE . I am a porter in the employ of Alexander Binney, of 31, Old Bond-street. On the 8th of July, I made up a parcel with a coat, trowsers, and waistcoat, worth 8l.—I am sure they were worth 52.—I took them to No. 78, Great Portland-street, and delivered them to Charles Smith, an errand boy—the prisoner has been a porter in my master's service, and left about A fortnight before that—he had no authority to go for any parcels after that.
Cross-examined by MR. BALLANTINE. Q. Where was it left? A. At Mr. Breary's, for George Goldsmith, who lives in Bond-street—Mr. Goldsmith was stopping there at the time—they were left there by his direction.
CHARLES SMITH . I am errand boy to Mr. Cornish, of 7, Hanway-street, Oxford-street. In July last I was in the service of Mr. Charles Beosoft Breary, surgeon, of 73, Great Portland-street—Mr. Goldsmith lived there at that time—on the evening of the 8th of July I recollect Filbee carrying a parcel directed to Mr. Goldsmith—it was placed on a slab in the hall—after that the servant asked me if that was the parcel which had come from Binney and Richards—I said yes.
MARY ANN READ . I am servant to Mr. Breary. On the 8th of July, in the evening, the prisoner came to the house—I do not know the exact time—he rang the kitchen bell, and said he had called for a parcel which had been left by mistake from Binney and Richardson, of Old Bond-street—I went up stairs and inquired about the parcel—they said they knew nothing about it—I came down, and saw the parcel lying on the slab in the hall, with a boot upon it—I took it in my hand, went to the top of the kitchen stairs, and called to Smith to know if he had taken in that parcel about a quarter of an hour before—the prisoner said there was a boot outside it, but he did not want the boot, only the parcel, as he was going to take it to another place, and the right parcel would be brought shortly—I delivered it to him—he went away with it—he said he was sorry to give me ao much trouble, and wished me good evening.
Cross-examined. Q. Was there anybody saw him besides yourself? A. No—I did not tell the policeman somebody else had seen him—I have no recollection of ever seeing him before—I noticed that he was marked with the small-pox, and dressed in dark clothes, and his hair was dark—he had whiskers, and was thin in the face—I gave a description of him at the shop in Old Bond-street—I did not give a description to Coombs, the officer—nine months afterwards I saw him in a shop in Old Bond-street—it was three or
four weeks ago—there were one or two other persons in the shop—I recognized him directly—I said at first I thought he was the man—I was not taken into the cell to see him—he said he was not the man—I have not any doubt whatever that he is the man.
Cross-examined. Q. Was it not on your calling her particular attention to him she recognized him? A. No—she had no doubt he was the man—she said, "That is the man; he is like him"—that is all she said—I took him into custody by Mr. Richardson's desire—Mr. Breary's house is in the parish of St. Marylebone.
JOHN SMITH RICHARDSON . The prisoner was in our service about six weeks. We gave him leave to go away, as he always seemed confused, and could not do his duty—he left in July—we had a character with him—we heard this parcel had been removed a few days afterwards, in July—I do not think we had a description of the person who fetched it—our porter was tent to endeavour to find the person out—he was described to the porter—we took no further steps till I got information by letter about six weeks ago.
JAMES FILBEE re-examined. I was directed to go and inquire of the person who had given the man the parcel for a description of him—she described the person to me—it answered the prisoner's description, but I never thought to go after him—I had not the least idea that it was him when she told me—I told my employers what I had heard, and that got the guilt off me—they thought at first I might be connected with it—I had not seen the prisoner when I was out with the parcel—I told Mr. Binney the description I received—I had not the least idea it was the prisoner, or else I have seen him several times since—I never said anything to him about it.
JURY. Q. Was he in the habit of accompanying you when you delivered goods? A. No—he may have gone 100 yards—he had been in the habit of going to that house himself with parcels, for the same gentleman.
GUILTY . Aged 30.— Transported for Ten Years.
(The prisoner had been convicted of felony and transported before.
1024. SAMUEL HOLE and JOHN GODFREY, alias William Warboys , were indicted for assaulting Ann Evatt, putting her in fear and danger of her life, and stealing from her person, and against her will, 1 pocket-book, value 6d.; and 1 reticule, 6d.; her goods; to which
HOLE pleaded GUILTY . Aged 17.— Transported for Ten Years.
ANN EVATT . I live in Church-street, Islington. On Saturday, the 2nd of May, about a quarter before seven o'clock in the evening, I was in Barns-bury-park, in the Liverpool-road, Islington, at the gate of a house—I had a reticule on my arm, fastened to my hand by two silk cords—after ringing the bell, I was in the act of opening the gate, and the prisoner Hole came and snatched my bag—on turning round, Godfrey was at my elbow, and said he would catch him for me—I did not accept his offer, and he ran away himself, following Hole—he did not bring Hole back to me—a groom on horseback overtook Hole, and brought him back—he said he was very sorry—the cords were broken which held the reticule to my arm—there was a little pocket-book in it—Godfrey was apprehended outside the station-house, on Islington-green.
Godfrey. I crossed over to the lady from the other side of the way, where I was with a young man who works at a baker's, and whom I know—I heard a cry of "Stop thief!" and said, "What have you lost?"—she said, "A reticule," and I said I would run after him—I ran as hard as I could,
and a man on horseback passed me, and overtook this man. Witness. I turned round the instant it was taken, and found him at my elbow instantly—it must have been done in his presence—I cannot say whether I had called "Stop thief" before he offered to run after the other.
RICHARD LOCK . I was riding in Barnsbury-park, I heard a cry of "Stop thief," and saw both prisoners running—Hole was first—I saw him throw the reticule away—a schoolmaster picked it up—I did not lose sight of Hole till he was stopped—when I was got to the station I saw the prisoner Godfrey taken into custody—in my opinion, Godfrey had some connexion with Hole—I do not think he wanted to catch him: he did not run so fast as him.
Godfrey. I have a very bad leg; I followed down to the station with the mob, with a man I was in company with: the policeman pulled me inside, and asked if I knew Hole; I said I had never seen him before.
BENJAMIN BAKER (police-constable N 297.) I took Hole, and showed him to the prosecutrix—I asked if he was the person—she said, "Yes"—he said, "I am the person, I am very sorry for it"—in going to the station he said a young man threw it at him as he was going past.
Godfrey. You had seen me with a young man with a basket on hit arm. Witness. I had not seen you until you were taken to the station.
CHARLES FENN WRIGHT (police-constable N 304.) On the afternoon in question, about five o'clock, I saw both the prisoners walking and talking together in the Liverpool-road—they appeared acquainted—it was about an hour and a half before this happened—about seven o'clock in the evening I saw Hole in custody—I took Godfrey outside the station, in the mob—I said, "You must go into the station"—he said, "I know nothing about it"—directly I took him I asked the lady if he was the other—she said, "Yes"—I am as sure I saw them together at five o'clock, as I am of seeing them together now—they were in my sight for five minutes—I did not know them before—my attention was drawn to them by the sauntering way they were going along—it was 300 or 400 yards from the spot.
Godfrey. I was in Holloway-road at that time, and was never in the other prisoner's company in my life—I should not have gone to the station if I had been the thief.
Hole. The man is a stranger to me; I am the man who took it; I was with my brother till twelve o'clock, and got drunk: I had not a soul with me after that.
C. P. WRIGHT re-examined. Directly I got into the station I identified Godfrey—directly he saw me he walked away from the station—I brought him back, and the witness said, "That is him"—I have been nine years in the force.
MRS. EVATT re-examined. Q. Had Godfrey time to cross the road after you felt the snatch, before you saw him at your elbow? A. Certainly not—it is a very wide road—I turned round instantly, and that instant found him at ray elbow.
Godfrey. She ran before I spoke to her. Witness. No; I had not left the gate; I was in the act of leaving to follow the man.
GODFREY— GUILTY . Aged 17.— Transported fir Ten Years.
1025. JOHN WRIGHT, ROBERT LAWRENCE, JOHN SMITH , and RICHARD MORRIS were indicted for assaulting John Round, a peace-officer, in the execution of his duty:—2ND COUNT, to prevent the lawful apprehension of the said Robert Lawrence, for having assaulted the laid John Round.—Other COUNTS, varying the manner of laying the charge.
MR. BALDWIN conducted the Prosecution.
JOHN ROUND (police-constable B 210.) On the 21st of April, about two o'clock in the morning, I was on duty in Orchard-street, Westminster, and a man named Davidson struck meand dislocated my jaw—I attempted to apprehend him—Lawrence was in his company, he came out of a soup shop I believe, and struck me on the back of the bead—I did not see the other prisoners—I got assistance, went to New-court, Duck-lane, and from the garrat-window of the further house, twenty or thirty bricks were showered down upon myself, Suttle, and Boddington, who are constables—a woman was holding a candle out of the window—I heard one of the men say, "D—n you, take in the candle, we cannot see where we are throwing"—we afterwards got into the house and found the four prisoners and a woman in a second floor room, which the bricks had been thrown from—the door was padlocked—we forced it open—they all said they knew nothing about it—Smith was setting at the table with a pack of cards in his hand, and said, "Let us have another game at cards"—Davidson was apprehended in a first floor front room of the same house.
Cross-examined by MR. PAYNE. Q. Was it on the back that Lawrence struck you? A. No—it was on the rim of my hat and my coat collar—you may term it my back, but I term it the back of my head—it touched my head.
MR. BALDWIN. Q. What did he strike you with? A. A stick—the hat prevented his hitting my head.
ROBERT SUTTLE (police-constable B 97.) On the 21st of April I was called by Round, and went to this New-court—brickbats were thrown from the window—one which came from the window struck me on the hat—I bobbed my head down—I saw Wright at that window deliberately throw the brick—I saw Lawrence at the window throwing—he threw either brick or stone—I saw a great many bricks thrown, they laid about the court afterwards—when I entered the back yard of the house about two feet of the back wall, about two feet thick, had been taken away—I went into the room and took Wright—I said,"Why you have been throwing bricks"—he said, "I will be quiet," and we took them to the station-house.
Cross-examined. Q. Will you swear Lawrence threw anything? A. He threw something, I cannot say what—I certainly did not see anything in his hand—there were brickbats in the room—when we went up Lawrence was in, or on the bed, with his trowsers on.
GEORGE BODDINGTON (police-constable B 184.) I went with Round, when we got to the court bricks were thrown at us from different windows—we sent for assistance, and I saw all the four prisoners go into the house together—after that bricks were thrown from the window.
LAWRENCE— GUILTY . Aged 18.— Confined Six Months.
WRIGHT— GUILTY . Aged 18.— Confined Twelve Months.
MORRIS— GUILTY . Aged 18.
SMITH— GUILTY . Aged 18.
Confined three Months.
1026. HENRY BROWN and WILLIAM HART were indicted for assaulting Sarah Sherrard, and putting her in fear and danger of her life, and stealing from her person and against her will 1 shawl, value 20s.; and one pair of patterns, 6d., the goods of William Sherrard: and immediately before, at the time of, and after the said robbery, feloniously beating and striking, and using other personal violence to the said Sarah Sherrard.
MR. ROBINSON conducted the Prosecution.
at night, I was in Whitechapel-road, on my way home with some relatives, four men came up and pushed against us, and almost knocked us down—the prisoners are two of them—I asked what they did it for—one of the others turned round and struck me a blow in the mouth which knocked me down—he took my umbrella and run away with it—I called for the police—I saw Brown strike my wife in the mouth and knock her down—the blood flowed from her nose and mouth—they escaped—I found my wife without her shawl, bonnet, or patterns—I received information, and went to the King's Arms ptib-lic-house, Whitechapel-road, a short distance from the spot, in about five minutes, and found the two prisoners there with two other men—they were taken into custody—it was Easter Tuesday.
Cross-examined by MR. BALLANTINE. Q. You were returning from Stepney fair I believe? A. No, it was fair time—I have not found any of my property—they were not drunk—one of them did not roll up against my wife—she did not strike one of them with her patterns—my relatives were two females and two males—Whitechapel-road and Mile-end-road are both in a line.
Hart. Q. Did I strike anybody? A. Not that I saw—I am sure you are one of the four.
MR. ROBINSON. Q. Were your relatives with you? A. My brother-in-law was walking with me, my wife was about twenty yards behind with the others.
HENRY HART . I live at No. 12, Quaker-street, Spitalfields, I am a cabinet-maker—I was out walking with Sherrard on this night—four or five young men came up to us—one caught hold of another, and shoved him-against Sherrard, and knocked him down—Sherrard got up, and asked what he did that for—some of them hit him, and knocked him down, while the others hit me, and knocked me the other way—I saw Hart ran tway—he is the only one I can swear to—I saw the direction he took—I followed, and saw them turn into the King's Arms—I waited outside with Sherrard, his wife, and a policeman or two came up—I think there were four persons went into the public-house, but am not certain of the number.
Cross-examined. Q. After shoving you, did not all four walk away? A. Hart run away—I did not see the other four walk—they went away, but Hart ran from me.
MR. ROBINSON. Q. Did you keep sight of them all? A. No—I lost sight of them in the road some time.
SARAH SHERRARD . I am the first witness' wife, and was walking behind him in the Whitechapel-road—I saw some men come up, and take my husband's umbrella out of his hand—the prisoner Brown struck me several times after that—he struck me in the face with his fist—while he was striking me my shawl was taken off my back, and my patterns were knocked out of my hands—I looked for them afterwards, but they were gone—the shawl was worth 1l. 1s. 6d.—I went with the police to the public-house, and found the prisoners—the prisoner Hart then took me by the hand, and two or three of them said, "Do not press the charge, the things are in a house in Mile-end-road, and we can get them"—I have not seen them since—Hart said this first, and two or three of them repeated it—Brown also said it.
Cross-examined. Q. Dou you mean to say any of them said, the things were in a "house." A. Yes—I will swear Hart mentioned the word "house"—I was examined at the office, and my evidence taken down—I have not talked with Bray since respecting my deposition—he never said anything to me about a house, nor has anybody else—I did not strike anybody with my patterns—I went to strike, but they were knocked out of my hand before I
did—my shawl was pulled off me—while I was being struck, a man in a light coat was scuffling with my husband—when Hart said, "Do not press the charge," I had charged him with ill-using me—he did not say the things were torn off in the scuffle, and left in the road—I looked for them, and could not find them—some people came up afterwards, but not many.
MR. ROBINSON. Q. Are you sure the prisoner used the word "house." A. I am—I did not attempt to strike further than to defend myself.
WILLIAM LEE . I am a weaver, and live in Hart-street, Mile-end. I was one of this party—we were surrounded and attacked by three or four men—the prisoners are two of them—a man named Lloyd was charged, but I could not wear to him—I saw Brown strike Mr. Sherrard and his wife also—her mouth and nose bled—we called "Murder!"—I cannot identify Hart.
Cross-examined. Q. You did not see them go into the public-house? A. No.
WILLIAM ARGENT (police-constable H 126.) On the night in question I heard a cry of "Murder!" went to the spot, and saw Mrs. Sherrard bleeding from her nose and mouth—she said she had been struck by some men, and that they had robbed her of her shawl and patterns—I assisted her in looking for the things, but could not find them—I went to the King's Arms in consequence of information, and saw four or five men there—Mrs. Sherrard pointed out Brown as the man who struck her—he replied, he did not strike her, he only pushed her.
Cross-examined. Q. You were examined before the Magistrate; did Mrs. Sherrard say, they had robbed her of her patterns, or that she had lost them? A. That they had robbed her of her shawl and patterns, I am certain of that—she did not use the word lost, the term she used was robbed—I did not use the word lost at the office—this deposition has my handwriting to it—it was read to me, and I was asked if it was true—I have made a great many depositions. (Witness's deposition being read, stated—"She told me she had been struck by some men, and lost her shawl and ")—that is a mistake of the clerk—I did not desire it to be altered when it was read over.
MR. ROBINSON. Q. You have no doubt she said "robbed?" A. None at all.
MR. BALLANTINE to SARAH SHERRARD. Q. Is this your deposition? A. Yes—it was read to me, and I put my mark to it—(this being read, stated,—"Hart took my hand, and said, 'Do not press the charge, the things are in Mile-end-road, and we can get them.' ")
HENRY HART re-examined. This is my signature to this deposition—it was read over to me—(this being read contained the following sentence, "all four walked away, and went into a public-house,")—they all four went away I said, I don't know whether I used the word walked or run—I know Brown made away as quick as he could—I saw the direction he took—I think he ran—I should say walking is a mistake.
MR. ROBINSON. Q. Your attention was particularly directed to Hart? A. Yes—what the other four did when I left to look after him, I do not know—I lost sight of them all, but saw Hart and three others going into the public-house.
JOSEPH BRAY (police constable H 43.) I went into the King's Arms, and found Brown there—I saw Hart go round behind the table, take the prose-cutrix by the hand, and beg her not to press the charge, that the things were all right at a house in Mile-end-road.
Cross-examined. Q. Did he say at a house? A. Yes—I did not hear Mrs. Sherrard give her evidence at the police-court—I heard her deposition read—I did not call her attention to anything about the house—I have not talked to her at all about her deposition.
JURY. Q. Do you know this public-house? A. Yes—it is the resort of thieves and the worst of characters—the license was suspended and transferred to another landlord last licensing-day.
BROWN— GUILTY . Aged 22.
HART— GUILTY . Aged 19.
Transported for Ten Years.
1027. WILLIAM SMITH TIZZARD was indicted for a robbery on Jean Pierre Morin, putting him in fear, and stealing from his person and against his will, 3 five-franc pieces, value 12s. 6d., the monies of said Jean Pierre Morin: and immediately before, at the time of, and after said robbery, feloniously beating, striking, and using other personal violence to him.
JEAN PIERRE MORIN (through an interpreter.) I am master of the George. On the 5th of May, at nine o'clock at night, I was going on board my vessel, and called for my boat—my man answered me, and I sat down on the stairs—the prisoner came and sat alongside of me—he offered to take me on board—I thanked him, and told him my boat was coming—he asked me to give him some money—I said, "No money for you, go on"—he then struck me a blow in the eye as I sat on the stairs—I fell back on the stairs, then got up, took hold of him, and grappled with him—he took a knife from his pocket under his smock-frock, and hit me on the mouth with it—that knocked me down on the stairs—he then put his hand into my waistcoat-pocket, and took out three five-franc pieces, and tore my pocket—I got up and called, "Police!" but he escaped.
Cross-examined by MR. PAYNE. Q. Were you sober? A. I drank only a pint of beer during the whole day—I had never seen him before—I know I had the franc pieces—I put them into my pocket when I came out of the house—I did not sit in the prosecutor's lap, nor did he tell me to get off—I did not scuffle with him till he gave me the blow—it was not very dark—he had a smock-frock on.
Q. Did he not say you had tried to throttle him, and he up with his fist and knock you down? A. No—I know him by his face—he was brought to me on board ship about eleven next day—he was dressed in the same way then.
THOMAS MURLEY . I am "Jack-in-the-water." I saw the prosecutor on Tuesday night, at nine o'clock—he hailed his steps, and sat down by the side of the prisoner—I went down the steps for about five minutes, and as I was shoving a boat off, I saw him bleeding very much—I went up to him—he said the man who had been sitting with him had struck him—the prisoner had a white smock-frock on, a blue coat over it, and a cap.
Cross-examined. Q. You have been charged with stealing things? A. Yes—only twice—I am quite sure I had nothing to do with this—I do not know a waterman named Benton—(looking at a man named Benton)—I know him—he is not a waterman, but merely like myself, waits about the stairs to get his living—I did not ask for a sovereign to stop away from here, nor say to Benton, if it could not be raised, I would sell him, and turn any way for 1s.—I had nothing from the prisoner's wife but a drop of beer—I did not go to get 1s. from her—I know Miss Batley that went to the Thames-police with us—I did not in her presence get 1s. from the prisoner's wife—his wife promised to give me anything I liked to stop away.
CHARLES HAMBLEN . I am connected with the corn-market, in Mark-lane. Between eight and nine o'clock I was coming on shore, and heard a person hail a vessel—when I got to the top of the stairs I saw the prosecutor's mouth, bleeding, and a pool of blood round him—I said, "What is the matter?"—a person in a white smock-frock and cap immediately came up to me, and said, "This party came and throttled me, I upped with my fist and knocked him
down"—I said, "You did, did you?"—I was standing talking to the prosecutor, and while attending to him, the man walked out of the gate-to the best of my belief the prisoner is the man.
Cross-examined. Q. What are you? A. What is called a corn-ledger—I am in Mark-lane almost every day, and gave my address at the office, as belonging to the Corn Exchange-the man said the party tried to throttle or choke him—I do not know which—he staid two or three minutes while I was attending to the prosecutor, then walked out of the gate, and cut down Thames-street.
GEORGE MADDOX . I am inspector of the Thames-police. I apprehended the prisoner on Wednesday, about half-past ten o'clock at night—I told him I took him on suspicion of attacking a French captain, and robbing him of three five-franc pieces—he said, "I don't know anything of it, it is hard the innocent should be blamed for the guilty"—I took him on board the vessel—the captain was in bed, and half asleep—I asked him as well as I could if he knew that man, but he said, "No understand English," and shook his shoulder—I took him to the witness Murley, who said, "I am certain he is the same man"—I searched him, and found nothing—there were a few spots of blood on his frock, which he said was caused by a scuffle with some of the workmen, which made his nose bleed.
Cross-examined. Q. You searched where he lived also, and found nothing? A. Yes—I believe he has borne a good character-when I took him to the ship, the prosecutor was half asleep, very ill, and could hardly see out of hit eye, from the blow.
JURY. Q. Did he recognize him at the office? A. Yes, and has never expressed a doubt about him.
(The prisoner received a good character.)
GUILTY. Aged 28.—Recommended to mercy by the Prosecutor and Jury. — Confined Eighteen Months.
1028. TIMOTHY COLEMAN was indicted for a robbery on William Pursey, putting him in fear, and stealing from his person and against his will 1 half-crown and 3 shillings; his monies and beating, striking, and using other personal violence to him.
WILLIAM PURSEY . I am eighty-five years old. Between eight and nine o'clock on the night of the 29th of April I was going along the Cambridge Heath-road, and saw the prisoner outside a public-house with a pipe—I heard him say he had been asleep all his lifetime—I said softly to myself, "And so have I," but he heard me—I had my hand in my pocket—he turned round upon me and said, "What, have you been asleep?" and he took and held me down by the arms, put his hand into my waistcoat pocket, and took my money—I called out for help, "The fellow is robbing me"—he said, "Hold your tongue, you old fool; I won't hurt you"—he attempted to run away—I put my stick in the collar of his coat—he got away from me, and ran across the Mile-end-road—he put the money on a cask-a boy going by took it up, and said, "I have got your money, he has put it down here"—I had said to the prisoner, "You rascal, you have robbed me of half-a-crown and three shillings."
EDWARD IMMS . I am errand-boy to Messrs. Harrison, of Cornhill—I was standing by the prisoner, at the corner of Dog-row—I saw the prosecutor walking along-as he passed I saw the prisoner take hold of his arm—he said, "You have been asleep all your lifetime"—the prosecutor said, "You have robbed me, you rascal"—he said, "Hold your tongue, you old fool, I shall not hurt you"—he ran off—I went after him, and caught him by the tail of his coat—he said he had got no money, and directly he ran to the cask and
put three shillings and half-a-crown down, and I took it up, ran after him, and saw him stopped at Mile-end-road—I was close behind him all the time—I gave the money to the constable at the station.
JOHN SALTER . I heard the prosecutor say, "You rascal, you have robbed me"—I turned round and saw the prisoner running across the road—he put his hand on the cask, but I did not see what he put on—I pursued till he was taken.
JOHN PITTMAN (policeman.) I was on duty in the Mile-end-road, and heard a cry of "Stop thief"—I saw the prisoner running, and stopped him—the prosecutor came up and gave him in charge for robbing him of three shillings and half-a-crown—he said he was very sorry for what he had done. but now it was too late.
Prisoner's Defence. I am very sorry for what I have done, but I am subject to fits: when I get a drop of drink I don't know what I am doing; I have been four or five times in the London Hospital.
GUILTY . Aged 28.— Confined Six Months.
OLD COURT.—Tuesday, May 16, 1840.
Second Jury, before Mr. Recorder.
GUILTY . Aged 16.— Confined Fourteen Days.
JOHN MANNERS . I live at 4, Swan-yard, Whitechapel. I have known the prisoner by living in the same house with her, about four years ago—three families live in the same house with me—the landlord does not live in the house—the prisoner was invited to our house on the 4th of May, for a day's recreation—she was there the whole of the day—she had no money in her possession—I saw a handkerchief and some money drop from her bosom—I saw five sovereigns and a good deal of silver, but what quantity I cannot say—I did not suppose it belonged to me—she put it in the handkerchief, and put it in her bosom again—I did not charge her with it till my wife went to the drawer and missed it—I went to her that evening—she was very insulting and saucy—she had her brother come home afterwards—me and my wife were in danger of our lives, and we came down stairs again—she was taken up between nine and ten o'clock next morning.
Cross-examined by MR. PAYNE. Q. You went to be married that morning, did not you? A. Yes I did, to a person I had lived with for nineteen years before—she is a good wife—the prisoner was invited as an old friend—she kept a fruit-stall at Aldgate, about two years and a half ago—I cannot say how long she stayed after she picked up the money—I was not drunk—we had not been drinking together—I did not go to her place that night with a policeman—when I went up to her place they brought a policeman to me, and he would not take charge of the money—he did not tell me I was drunk—the Magistrate did not put off the case for a day till I could give my evidence—I am not drunk now.
ELIZABETH JOHANNA SOPHIA MANNERS . I am the wife of John Manners. On Monday, the 4th of May, I put from six to seven sovereigns away in a drawer in a coarse towel—there was a 5l. note, as a piece of waste paper,
lying in one corner—the prisoner did not know whether it was a 5l. note or not, for she could not read—the towel was rolled up the same as this old hand kerchief, in one corner, and my sovereigns doubled up in the towel and laid in the drawer—I did not lock it—the key was in it—I put it there at eight o'clock in the morning, before the prisoner came—she came about nine—while she was in the room I had occasion to change a sovereign—when I was going to bed that night, I had occasion to look for my nightcap, and laid hold of the cloth and missed my money—my husband got up—the 5l. note was safe—when I was at supper I saw five sovereigns and some silver fall from the prisoner's bosom, and she searched for them with a candle—they were picked up and put back in her handkerchief—I had left the prisoner and her husband in the room where the sovereigns were that afternoon, and her husband and my husband went out together for a short time—my daughter and the prisoner were there when I went out.
Cross-examined. Q. When you went out you left your daughter, the prisoner, her husband, and your husband in the room? A. Yes—we breakfasted, dined, drank tea, and supped together, after having been to church—"the prisoner was bridesmaid—two families live in the house besides me and my husband—we might be three-quarters of an hour in church—our door was locked, and I found it so when I came back—I went with my husband a night to the prisoner's house, about half-past twelve o'clock—a policeman came—the prisoner denied all knowledge of the robbery—my husband was not drunk when he went there, nor I either—about eight o'clock next morning her husband fetched my husband—I believe they went j to the house with a policeman, not a City-policeman, one of the H division—the prisoner always bore a good character up to this time.
CATHERINE CLARKE . I am the daughter of the last witness, and live at 55, Great Wild-street, Lincoln's-inn. I passed the day in question with my mother—the prisoner was there in the afternoon—my mother went out—the prisoner, her husband, and my father-in-law, were left alone in the room—I left for about a quarter of an hour to seek for my mother—the prisoner was then quite alone in the room—she was sitting next my mother-in-law, who dropped a handkerchief—the prisoner said, "That is my handkerchief"—I said, "I beg your pardon, it is my mother-in-law's, you have your's in your bosom, I saw you make use of it"—I consider she was intoxicated—she put her hand in her bosom, snatched out her handkerchief, when out dropped her money on the floor—she said, "You should not have snatched my handkerchief out of my bosom, Mrs. Clarke"—I said, "I did not do so, I only told you you had it in your bosom"—I helped her pick the money up—five sovereigns and several half-crowns and shillings—she took the candle, said she had not got all her money, and searched about the floor after it—I said to her husband, "You ought to know what money your wife had"—he said, "I don't know, I did not know she had any"—that was in her presence—she said her husband never knew what money she had.
Cross-examined. Q. Did you go to church? A. No, I did not arrive till half-past eleven o'clock—there were seven persons to supper—I consider no one was intoxicated but the prisoner and my father-in-law—I think they were both the worse for liquor.
JOHN ARNOLD (police-constable H 203.) I apprehended the prisoner in High-street, Whitechapel—she sells fruit in the street—I told her what she was charged with, and she said she knew nothing ahout it, the money she dropped on the floor was her own—I took her to the station, and found on her one half-crown, two 4d. pieces, and 1s. in copper—I searched the room where she lived—I found two sovereigns and some silver in a box which her
husband had—when she was asked what she had done with the sovereigns that were on the floor at the house, she said she had twenty sovereigns at home, which she could show.
Cross-examined. Q. You broke the door open, did not you? A. Yes, not finding anybody there—I did not find anything there—the house is in the City—I was going away, and met the prisoner in Whitechapel, talking to another woman, and took her into custody—I went again and searched the house, without taking her with me.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
JOHN TREVETT . I am proprietor of an omnibus running from Islington to Chelsea. There are other omnibus proprietors on that road—the foreman receives the receipt of each omnibus from the conductor, daily, and sends it to the proprietor of that omnibus—in July last the prisoner was conductor of my omnibus—it was his duty to pay what he received to the foreman, Midwinter, daily—he is foreman to all the proprietors who run on that road—we generally reckon five journies each way daily, but it depends on the business of the day—on the 6th of July he performed six journies—Jones is the driver—it was the prisoner's duty to receive money from the passengers—at the end of each journey he takes a ticket, with the number of passengers inside and out, with the money received, and places the ticket in a box, and next morning he accounts for the money received—it was his duty to fill up the ticket and sign it—on that day he made no ticket of any journey, but at the end of the day filled up one, and inserted the whole day's journies—his duty in the morning, was to pay the total ticket with the money to the foreman, who should send it to me: and once a week the foreman makes up an account of each omnibus's earnings, and we meet and divide the money—if my omnibus earned more than another, I should have to hand a portion over to another to make the amount equal—that arrangement is on purpose to prevent racing, and give better accommodation to the public—we do not divide the gross profits, but the earnings—each man works his own omnibus at his own expense—the conductor pays over the receipt of the day, short of his own wages—the prisoner did not come to work on the morning of the 7lh, which he ought to have done.
Cross-examined. Q. Who appoints the conductors to the omnibusses? A. Any one—we take it in turns—if I have an omnibus I am expected to look after the man who works it, according to the journies—the prisoner con-ducted one belonging to the association before he did mine—I never person-ally hired him—he was put on my omnibus with my consent—we should not oppose other omnibusses if they did not join our association—it is the duty of the director to say how many journies shall be worked—we take it in turns—we work more in fine weather than in wet—I never knew the box which the tickets are placed in to be lost.
WILLIAM MIDWINTER . I am the foreman, and live in Black Horse-yard, Islington—I am appointed by each of the masters. On the 6th of July the prisoner was conductor of Mr. Trevett's omnibus—there is a box kept at the Peacock, in which each conductor ought to leave a ticket at the end of each journey, to show what he has received, and on the following morning he pays the money to me for all the journies performed the previous day—he should give me with the money, the last ticket, which is an account of all the journies—I should forward the total money received to Mr. Trevett, in a bag marked
with his name—on the 6th of July his omnibus ran six journies—no tickets were put into the box, nor on the morning of the 7th did he account to me for any of them, but quitted his employ—I did not see him again till last Monday week, when he was in custody—when the weather is very fine an omnibus may earn from 3l. to 4l.
Cross-examined. Q. Are you appointed by the association? A. Yes—I am paid by the director for the time being—I act as the servant of the whole association—each party running an omnibus has his money sent up separately to him.
WILLIAM JAMES . I was driver of Trevett's omnibus on the 6th of July—the prisoner was conductor—I accompanied him that day—we made six journies each way, and had inside passengers each journey—it was full at times—I should say the lowest sum it would earn that day was 2l.—we carry thirteen inside—I received the fares from nine outside passangers—that was the last journey out at night—that amounted to 4s. 6d., which I gave to the prisoner—I received 10s., but one passenger belonged to me each way, and I gave him 4s. 6d.—I am paid wages besides when I am at work—I have one outside passenger each way, if I get them—that would be 6s. if I got them each way—I got 6s. that day—I paid the prisoner 4s. 6d. on the last journey, which was about twelve o'clock—I have nothing to do with the master—the conductor is responsible for all the money—I merely received it for the conductor for the convenience of the passengers—I did not see the prisoner again till he was apprehended—he had not given me any notice that he was about to leave—the tickets ought to be put into the box at each journey, but the last one is left with the money in the morning—that ticket comprehends the total journies.
Cross-examined. Q. How do you know he did not deliver the tickets in the morning of the 7th? A. The foreman says so—Mr. Trevett is my employer.
Cross-examined. Q. How is the box secured? A. By locks—nobody can have access to it—I am certain it was locked that day.
ROBERT ADAMS (policeman.) I apprehended the prisoner on the 4th of May, at the corner of Regent-circus—the prosecutor was with me, and told him he gave him in charge for embezzlement—the prisoner said he was very sorry for it, that it was through drink—he did not say that he put the tickets into the box.
(The prisoner received a good character.)
GUILTY . Aged 30.— Confined Three Months.
1032. CHARLES SPEED and EDWARD BACKHAM were indicted for a burglary in the dwelling-house of William Edwards, at St. John, Wapping, and stealing 3 watches, value 16l.; 1 tea-pot, 15l.; 23 spoons, 9l.; 2 snuff-boxes, 5l.; 1 eye-glass, 2l.; 1 seal, 3l.; 2 pairs of ear-rings, 10s.; 1 pair of ear-drops, 1l.; 1 musical box, 1l. 1 knife, 4s.; 1 fork, 4s.; and 1 box, 1s. 6d.; his property: and ELLEN FITZGERALD , for feloniously receiving the same, well knowing them to have been stolen.
On the 22nd of April, at eight o'clock at night, I left our house shut up securely, and no one in it—I locked the street-door with a spring-lock—on returning, at ten, I found a box of lucifers on the kitchen-table—I missed the articles stated in the indictment?—the door must have been opened by a false key—the drawer in the bed-room was pulled out, and the watches, tea-spoons, gold eye-glass, silver-mounted tea-pot, and other articles, gone—the tablespoons were taken from the kitchen—the value of all the property taken is about 40l.
Backham, Q. Was all the property in one room? A. No—no drawers were broken—it would take about half an hour to commit the robbery.
ELIZABETH SANDERS . I am the wife of Joseph Sanders, who keeps the Blue Anchor public-house, in Parsons-street On the 23rd of April the prisoner Speed came to the bar and said, "Can you led me e watch-key to wind up my watch"—I said, "If you will give it me I will do it for you"—he handed it to me—seeing it was a gold watch, from his appearance, I suspected him, and asked if it was his own—he said yes—I asked where he bought it—he said he purchased it in the street of a man—I said, "What did you give for it?"—he said, "Five pounds"—I asked him to allow me to show it to a friend—I then sent my husband for a policeman—while he was gone the prisoner said, "Will you give me that watch, if you are not going to wind it up?"—I said, "Will you wait a few moments?—I afterwards said, "I must give it to the constable, and you also"—he said it was his own property, and he had purchased it of a man in the street for 5l—I gave it to the constable who took him in charge.
Speed. Q. When you took the watch, did I remain in front of the bar, or go out? A. You remained there till I had opened the parlour door, then you went to go out, and my servant walked out to look after you—he just went outside to prevent any one going away from the door—I believe the prisoner was aware of that, and there was a gentleman there.
JOHN GRAY (police-constable H 204.) On the night of the 23rd of April I found Speed in front of Mr. Sanders's bar—I asked if he had a watch to sell—he said he had one, and had given it to the landlady to wind up, as he had no key—Mrs. Sanders gave it to me—Speed claimed it, and said he had bought it of a Jew for five guineas—I asked why he did not buy the key—he said he had no more money—I found 1l. 3s. 6d. on him, a skeleton key, two latch-keys, and a knife—I found a watch-key in his fob pocket, and this leather case for a watch—on returning from the station to the public-house, in the middle of the road where we had crossed with the prisoner, I found this skeleton key—I applied it to the lock of the prosecutor's door—it opened it—I went to a house in Moneybag-alley, Whitechapel, and found the prisoners Backhatn and Fitzgerald in bed together, and a box of tools there, containing a saw, chisel, file, centre awl, and latch-key—the prisoners mentioned Speed's name—there was a pocket by the side of the bed, and in that I found 6s. and a pair of wire ear-rings—Backham and Fitzgerald made a violent resistance, and in the scuffle, or going to the station, I lost the wire rings—Backham struck me in the room, and at the station.
ROBERT JOHN O'BRIEN (police-constable H 5.) I went to the prosecutor's house, and tried the key Gray gave me, to the door—it unlocked it—I went to Moneybag-alley, and found Backham and Fitzgerald in bed—(I had seen Speed there about six weeks previously)—under the stairs, level with the bed-room, I found a tea-pot, four skeleton and two latch keys—a pair of earrings were found in Fitzgerald's pocket, and the constable lost them—at the Police-court Fitzgerald said the female turnkey had taken the ear-rings out of her ears.
PIERCE DRISCOLL (police-constable H 24.) I went with the other constables to this house, and searched the back room, where Backham and Fitzgerald were apprehended—I found a tortoiseshell box in the stuffing of the sofa—I have seen Speed and Backham in company repeatedly for the last twelve months—I knew Speed lived close by there, with a woman who was apprehended before this.
ELIZA NELSON . I live in Neptune-court, opposite Messrs. Edwards's house—on Wednesday night, the 22nd of April, I saw the prisoner, Speed, come out of the door of the house between nine and ten o'clock—I am sure it was after nine—there was another man with him—I believe it to be Backham—the door was slammed, and they walked down the street towards Well-street—I have frequently seen Speed before and knew him—it was about a quarter to ten o'clock.
Speed. Q. What are you? A. I live with my mother who takes in washing—I was never on the town—Mrs. Sanders did not tell me to say I washed for my mother, if you had counsel—you did not cross Wellclose-square—I saw your face at first, and cannot be mistaken—I took particular notice of Backham, but do not swear to him—I heard of the robbery about an hour after.
THOMAS HARRINGTON . I am waiter at the Blue Anchor—I saw all the three prisoners in the tap-room on Thursday, the 23rd April, the night Speed asked for the key of the watch—they had a glass of rum and water together, which Speed paid for—he produced the watch—I saw it again when mistress had it.
Speed. Q. How long had I been drinking there? A. Three quarters of an hour—I did not see you till about half-past eleven o'clock—I did not go outside to see that you did not run away when you left the bar—a gentleman there asked where you got the watch—you said at a stall in Petticoat-lane.
MRS. EDWARDS. This tortoiseshell box is mine, and was taken from the parlour mantle-shelf—the tea-pot and watch are mine, and this leather case is the case I kept my watch in.
Speed's Defence. Some of the circumstances against me may appear ugly, but I shall endeavour to clear them to your satisfaction, and account for the possession of the property, though you may say it is a very lame account, still it is true; I had occasion to go to Blackwall to receive some money, and see an old ship-mate off, on Thursday morning; I met Fitzgerald, with whom I lodge, about six o'clock; I proceeded towards Wellclose-square; my attention was attracted to a small bundle just inside the railing; I found it was a tea-pot in a handkerchief and a bunch of skeleton keys; I did not know they were skeleton, and found in it a small box with the watch in a small bag; I took the bundle home; I knocked at the door and received no answer; I put the things in a closet under the stairs, keeping the watch and box in my pocket; I went to Blackwall, intending when I returned to see if I could find the owner of the property: I came home between one and two o'clock: I did not mention the circumstances to Fitzgerald, but laid down on the sofa and went to sleep, as I had been drinking; I awoke between six and seven o'clock and left the box on the sofa: it is a very old sofa, and the box might easily mix among the hay; I went to look for Backham at two or three public-houses, and at last found him at the Blue Anchor; I called for rum and water; I did not mention the circumstance to him, but when I pulled out the money for the drink I brought out the watch at the same time: I went to the bar, not to get a key, but merely to find out whether such property had been lost; the Blue Anchor is but a short distance from the prosecutor's, and a likely place to find out if such a thing had been lost; I did not tell Mrs.
Sanders I had found the watch: I told the man I had bought it; when the policeman came I told him the same story, and said he had no business to ask me questions; I should have told everything at the station, but I was used in a most violent manner; he knocked my teeth out, and I refused to answer questions; it is not likely I should have gone to the immediate neighbourhood of the robbery if I was the actual robber; the female who says she saw me come out of the house did not come before the Magistrate for nine days afterwards; the policeman brought her to my cell; she immediately pointed to me; it is a very underhanded sort of way to let witnesses identify prisoners in a cell; it is a conspiracy altogether; the witness is not a servant, but has been on the town for many years.
Backham's Defence. I have known Speed some time; he got out of work and asked me to let him sleep in my room, as he could not pay his rent; he slept on the old sofa; I knew nothing of the robbery, till I was afterwards drinking with him at the time he was taken into custody; I then went home to bed: about half-past three o'clock the policeman broke open my door and dragged me and the female out of bed: it was a very indecent thing: I did not at the time know what it was about; I know nothing about the box: it was at the back of the sofa:—at the time the robbery was done a witness will prove I was at his house till nine o'clock at night; the witness says it would take half an hour to commit the robbery; the woman says she saw me at a quarter to ten o'clock, and how could I come from St. Giles's church to this place in a quarter of an hour.?—the tools are not mine.
Fitzgerald's Defence. I am innocent; the ear-rings were my own.
JOSEPH CLARKE . I am a tobacconist and cigar-maker, and live in Drury-lane. Backham wrote to ask me to come here—he has worked for me pretty well twelve months at cigar making—On Wednesday, the 22nd of April, he was at work from about half-past nine o'clock in tire morning to about a quarter past nine at night—he works in the top room—my niece also works there, and a lad in the same room—they are not here—they knew I was coming—the prisoner only worked there half a day on the Monday, the whole day on Tuesday—he might leave about half-past eight o'clock on Tuesday, or it might be nine.
Q. Why do you recollect Wednesday better than Tuesday? A. Since he has written to us, we have called to recollection the particulars—he wrote about a week ago.
Q. What makes you speak indistinctly about Tuesday, and so clear about Wednesday? A. We have called it to our recollection on purpose—the young parties in the place, the lad particularly, recollects it—he is not here—I do not work in the room, but he passed out through the shop, and had a shilling as he went out, which he generally does, taking the balance on Saturday—nothing particular happened on Wednesday to call this to my recollection—he did not come on Thursday—Wednesday was the last time he came—I cannot say exactly to a minute at what time he left—I can to five minutes—I did not look at any clock—I know it was after nine, because I went out myself—I know it was not a quarter past eight o'clock by the time of night—the gas had been lighted a good while, we generally lighted it about eight o'clock—we pay by piece-work—we keep an account of the number of cigars we make—the person who could tell the number we made that day is not here—I know nothing of Back ham's private character—I never saw Speed.
SPEED— — GUILTY . Aged 25.
BACKHAM— — GUILTY . Aged 27.
Transported for Ten Years.
FITZGERALD— NOT GUILTY .
THOMAS ENGLEY . I live in Bath-street, and was sexton of St. Luke's, Middlesex, formerly—I was present on the 20th of Aug., 1837, at the mar-riage of Robert Furness, and Mary Ann Goatman—this is a copy of the register—it has my signature to it as a witness to the marriage—I have no recollection of the parties.
STEPHEN WALKER (police-constable K 206.) I apprehended the prisoner on the 21st of April, coming out of a house in the New-road, Stepney—a female who was with me said to him, "I shall charge you with bigamy"—he directly said, "I acknowledge I married you, I am only living with the other woman"—at the station he said he had married both of them—it was a bad job, and he must make the best of it.
JOHN BELL . I live in Old Gravel-terrace, and am clerk of St. George's, Middlesex—I was present on the 5th of April, 1846, when the prisoner was married to Fanny Hall—I know nothing of Mary Ann Goatman.
NOT GUILTY .
NEW COURT.—Monday, May 11, 1846.
Before Edward Bullock, Esq.
GUILTY . Aged 30.— Confined Six Months.
NEW COURT.—Tuesday, May 12th, 1846.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 27.— Confined Four Months.
GUILTY . Aged 12.— Confined Three Days and Whipped.
1037. JOHN ROGERS was indicted for breaking and entering a certain building within the curtilage of the dwelling-house of John Hillyer on the 7th of March, at St. Botolph, Bishopsgate, and stealing 1 live tame fowl, price 1s. 6d.; the property of William Finch: and that he had been before convicted of felony.
MARY FINCH . I am the wife of William Finch, jeweller, at No. 20, Wide-gate-street, Bishopsgate, it is the dwelling-house of Mr. John Hillyer—on Saturday, March 7th, we had three fowls in a shed in the yard, which adjoins the house—I locked them up safe between three and four o'clock in the afternoon—about half-past ten o'clock that evening I and my daughter heard somebody come along the passage, and heard the fowls cackle—my daughter got up and ran out—the shed door was shut, and the prisoner was in the shed—she
went towards the shed, he threw the door open and came out, and said to her, "What is the matter?" she said, "You have got my fowl"—he said, "No, I have not, what is the matter with you?"—she went out to fetch her brother, and the prisoner threw the fowl down, but I did not see that—I am confident he is the man who came out of the shed—I never let him go out of my sight.
ELIZA JONES . I am daughter of the last witness—I went out and saw the prisoner come out of the shed—I asked what he wanted there—he asked if I was foolish, I said, "No, you have been in there and opened the door with a false key, and you have got the fowl in your pocket"—he said he had not, and told me to search him—I did not do so, but put my hand down by the side of his coat, and there was nothing there, to cause me to think he had the fowl in his pocket—I went to fetch my brother, and my mother gave the prisoner in charge—there was a fowl with its head off about one yard from where he came out of the shed.
Cross-examined by MR. BALLANTINE. Q. The fowl was in the shed where the fowls are kept? A. Yes.
JOHN RANSOM . I am an officer—I was called in—I found the fowl with its neck wrung off—I found some lucifers on the prisoner, and some under where he was standing—I found one lucifer in the water-butt and some skeleton keys under the water butt.
HARRY SPROSTBR (City police-constable, No. 636.) I produce a certificate of the prisoner's former conviction in this Court—(read—Convicted 7tb April 1845, and confined three months)—the prisoner is the person.
GUILTY .— Aged 20.— Transported for Ten Years.
RICHARD ROADKNIGHT (police-sergeant T 11.) I received information that the prosecutor's cart was in the habit of being robbed, and on the night of the 11th of April, I was watching it—about eleven o'clock I saw the prisoner drawing the cart—I was in a little garden and saw him stop the cart, take something out and put it over a wall—I found it was a pair of tongs—I took them and stopped him—over another wall I found the tin dish—the prosecutor claimed them.
Prisoner. I never stopped the cart or took anything out; I never saw the tongs in the cart; there were people walking from the market. Witness. There was no one walking there at that time—the market was over, it was eleven o'clock at night—I produce a certificate of the prisoner's former conviction at this Court—(read-Convicted 5th Feb, 1844, and confined one month)—the prisoner is the person.
GUILTY . Aged 18.— Confined Nine Months.
THOMAS DAVIES . I live at Pimlico, and am a schoolmaster. On the 5th of May, about a quarter past eight o'clock, I was walking down Fleet-street, I felt a tug at my pocket opposite St. Dunstan's church—I turned and saw the prisoner and another person following me—I allowed them to pass me—they stopped at the corner of Fetter-lane—the prisoner turned up Fetter-lane
and the other went down Fleet-street—I walked down Fleet-street till I saw an omnibus conductor jump down and pursue some one—I felt in my pocket and my snuff-box was gone—I followed the conductor and he had got the prisoner, and produced my snuff-box—this is it.
JOHN PEARCE . I am conductor to an omnibus—on the 5th of May I was between Fetter-lane and Shoe-lane on my buss going to Blackwall—I saw the prisoner and another person behind Mr. Davies—I saw the prisoner lift the skirt of Mr. Davies' coat, and take out a snuff-box and show it to the other person—the prisoner ran, I ran and secured him in a passage—he dropped this box—I took it up and secured him.
Prisoner. I was passing a doorway where he says he picked the box up, but I was not the person who threw it down.
GUILTY . * Aged 24.— Transported for Ten Years.
1040. JOHN JONES was indicted for stealing, on the 13th of April, 1 chair, value 1l., the goods of Joseph Steffenoni: also, on the 13th of April, 3 razors, value 10s.; 3 razor-cases, 1s.; 1 pair of scissors, 4s.; and 2 coats, 1l. 10s., the goods of Thomas Wheeler: also, on the 17th of March, 1 coat, value 2l.; 1 pair of trowsers, 18s.; 1 waistcoat, 6s.; 1 handkerchief, 4d.; 1 scarf, 2s.; and 1 pair of boots, value 10s., the goods of Solomon James; to all which he pleaded
GUILTY . Aged 22.— Transported for Seven Years.
GUILTY . Aged 22.— Confined Four Months.
EDWARD LOVEGROVE . I live in Pulteoey-street, and am a French-polisher. Between one and two o'clock in the morning, on the 12th of April, I met the prisoner at the corner of Chancery-lane—I walked on about thirty yards, and she by my side—she asked me to give her a few halfpence, and I gave her 3d.—I then missed my purse, containing two half-crowns, two shillings, and two sixpences—I accused her of taking it—she denied it—I said I would give her in charge—she then gave me half-a-crown—she said it was not mine, but she would give me that to make no noise about it—I gave her in charge—my purse was found near where she stood, and some money was found upon her.
Cross-examined by MR. PRENDERGAST. Q. What time was this? A. About twenty minutes before two o'clock—I had been out doing a job of French polishing—the prisoner wanted me to go somewhere, but I declined it—I wanted to get rid of her—I told her I was going home—I was with her about ten minutes—I was going down Fleet-street from Ludgate-hill—I met several other young ladies, but I did not speak to them—I did not speak to her, but she came and caught hold of my arm—I told her several times to get away—I gave her 3d.—she asked me to give her that—I suddenly found my money was gone—my purse was in my waistcoat pocket—my pence were
in another pocket—she had her hand upon my right arm, and her hand was near my pocket—I know my money was in my pocket when I came from my shop, and I had not taken any out—I had been to Ludgate-hill to do a little work—it was half-past eight o'clock when I got there—I stopped there till half-past one o'clock—I know this purse is mine—I have not said I do not know it—it is stained at one end with turpentine and bees' wax—I did not feel the prisoner's hand in my pocket.
Cross-examined. Q. Had she any opportunity of putting it into her boot? A. Not that I am aware of.
ROBERT ALLEN (City police-constable, No. 321.) I took the prisoner. I then went near to the Common Pleas-office, and found this purse in the area facing—it had nothing in it—the prosecutor identified it—here is a mark of grease, or something upon it.
NOT GUILTY .
WILLIAM THOMAS PRINCE . I am a carman, and live in Gloucester-buildings, Church-lane, Whitechapel. Qn the 1st of May I had a chest of tea left for me at the French Horn in Crutched-friars—it was the property of my employer, John Eade—the prisoner Norman was there officiating as potman, as the potman was lame—I went to the tap-room door that day, and Norman, said to me, "I have got a chest of tea for you"—I said, "That is all right, take care of it till I return"—I went to deliver some other goods—I came back and the chest was gone, and Norman also—I met Norman, and said to him, "What have you done with the chest of tea?"—he said, "What chest?"—I said,"That I left in your charge this morning"—he said, "I know nothing—I said, "That I left in your charge this morning"—he said,"I know nothing about it"—I said, "You lifted it upon a man's back"—I know nothing about it."
Norman. You asked me on the previous night to fetch three chests of tea from Nicholson's-wharf; I said I could not; I recommended a man, and he fetched two, and next morning I sent another man, and he brought up one chest. Witness. Yes, and I told you to mind it till I came back. have done it"—during that time I heard the man come, back, and he said, 'o Where am I to take it, Norman:?"—he said "O, here, just outside to the cart"—Norman went out, and followed him.
Norman. I never left the house—I went outside the tap-room, Witness. That is all I say you did.
HENRY AYLEIT . I am in the employ of the East India Company. On the 1st of May I went to the French Horn, and Norman asked me if I would mind fetching up a chest of tea for Eade—I said I would fetch it—I took the
JOHN SCOTT . I am a porter—about one o'clock in the day on the 1st of May, I was in the French Horn reading the newspaper—tha chest of tea was under the table against my feet—a man came in—Idid not see his face—he said, "I came for a chest of tea for Eade"—Norman said, "I have one here and he assisted the man to place it on his shoulder—the man turned round, and went out with it—the ostler up the yard said to Norman, "Do you know that man?"—he said, "No, I do not"—he said, "What a fool you must be to let that man have a chest of tea, not knowing bim"—I said, "I should not have done it"—during that time I heard the man come back, and he said, "Where am I to take it, Norman?"—he said, "O, here, just outside to the eart"—Norman went out, and followed him.
Norman. I never left the house—I went outside the tap-room. Witness. That is all I say you did.
HENRY AYLETT . I am in the employ of the East India Company. On the 1st of May I went to the French Horn, and Norman asked me if I would mind fetching up a chest of tea for Eade—I said I would fetch it—I took the
list, and fetched it from Nicholson's-wharf to the French Horn—I delivered it to the care of Norman—I was there when it was fetched away by a man who was a stranger to me—I did not see his face.
WILLIAM BALDWIN . I am ostler at the French Horn. About one o'clock on the 1st of May, the prisoner Pattison came—I saw his face—he asked Norman for a chest of tea for Mr. Eade—Norman said, "Here is one," and he assisted him to lift it on his shoulder—as he went out, I said to Norman, "Do you know that man?"—he said, "No"—I said, "You must be a fool to let him have it"—as I said that, Pattison came back to the tap-room door, and asked Norman where he was to take it—Norman made a motion with his hand, and said, "Just outside," and went out into the passage with him—Norman returned in about a minute, and I said, "I think you have done very wrong in letting that strange man have a chest of tea"—he said, "It is all right, Mr. Eade sent him in for it"—in a few minutes after, Prince came for the chest of tea—Scott said, "The man has been for it, and Norman lifted it on his shoulder"—search was then made for Norman, but he was nowhere to be found.
JOHN LEWIN (City police-constable, No. 570.) I went and met Norman about two o'clock on the 1st of May—Prince said, "What have you done with that chest of tea?"—he said he did not know anything about it—Prince said, "You lifted it on the man's shoulder"—he said, "No, I did not"—I said, "Never mind, you must come with me to the station"—I afterwards found Pattison—I said to him, "Is your name Pattison?"—he turned round, but never spoke—I said, "I want you to come with me concerning a chest of tea"—he said he knew nothing about it—when we got to the station, he said he knew nothing about it, no further than he was employed by a man to carry it from the French Horn to a cart at the top of John-street—I asked if that man was Norman—he said, "No, it was not Norman, it was some strange roan," but he did not know who he was.
Pattison. He is telling a great many falsehoods—he asked me in the street, that he might make me a witness, whether it was this man or not—he asked me so many questions, that I hardly know what I did say—I said, "Do not hold me, I was coming down to deliver myself up."
Witness. Yes, he said so.
Norman. I went to take out a pint of beer, and a carman said, "Have you a chest of tea?"—I said, "Yes," and he said, "Send it up to me, I cannot leave my cart, I have got some tea in it"—it was my impression that Mr. Eade sent the man for the tea—I had no time to take it myself, and I sent Pattison with it to the top of John-street—I accounted to the policeman for my absence during the time I was away.
Pattison. I carried the tea up, and the man gave me sixpence for my trouble.
NOT GUILTY .
THOMAS PURDY . I am assistant to Messrs. Clay and Son, Cheapside. At a quarter past eight o'clock in the evening, on the 7th of April, I was in Gutter-lane—I felt a hand in my pocket—I turned, and saw the prisoner with my handkerchief in his hand—I took hold of him—he threw it away—I pulled him after me, and picked it up—this is it.
Prisoner. He caught hold of me, and said, "You have got my handkerchief;" I said, "No, I have not;" he said, "I think you have," and in
about a minute afterwards he saw the handerchief down in the street. Witness. I saw him throw it down.
GUILTY . * Aged 21.— Confined Nine Months.
MR. WILDE conducted the Prosecution.
JOHN LYNAS . I am master of the barque Yorkshire, On the 14th of Feb. I received ten sovereigns for a cheque—I was afterwards in Grace-church-street—I met with a stranger, who got into conversation with me, and we went into the Bell tavern, to an up-stairs room—while we were there the prisoner came in—he asked me if I had been to New York—I said I had several times—he said he had lived there with an old gentleman for several years, who had died, and left him a consider-able amount of land and some money—he asked if I wanted a little money to speculate with—I said it would be of no use to me—the stranger who was there said I had better take a little—I said it was no use to me, without it was a large amount, that I could lay out in shipping—the stranger said he was in the butter and bacon line, and he would take a hundred or two of him—he got up and said he would go and get a receipt—he was going out, and beckoned to me—the prisoner said to him, "You are not going?"—he said, "Yes, but I will be sure to return," and be hove his purse into the prisoner's hat—I was going out after the stranger, and the pri-soner said to me, "Will you be sure to return?"—I said, "Yes," and I foolishly did the same with my purse—I threw it into the prisoner's hat—it contained the ten sovereigns and two fourpenny-pieces—the stranger then called me to the bar door, and said, "You had better take a hundred or two of him"—I said I would rather not—after some time I went Back to the room, and the prisoner was gone, and all was gone—I did not see the prisoner again till the 7th of April, when I met him in Threadneedle-street—he was coming towards me, and had an umbrella loosely up before him—he saw me, and dropped the umbrella, and crossed to the opposite side—I crossed after him—he went on for sixty or eighty yards, and then down a turning—I called a policeman, and we followed him—the officer took him in the yard of a public-house—he asked the prisoner what he went up there for—he said he had gone up for a necessary purpose—the policeman said he had run a long way—he had been running—in coming along he put his hand into his pocket, and said, "If I owe you any money I will pay it"—I said, "You and I will talk about that afterwards."
Cross-examined by MR. BALDWIN. Q. Did you know the gentleman that you went with before? A. No—we had been five or ten minutes in the public-house before the prisoner came in—we had been taking a glass of ale—the prisoner first asked me if I had ever been to New York—he said that through my talking to the other gentleman—I should not have done any good with 200l. or 300l.—I left my purse to satisfy the prisoner—I did not go, out with the other gentleman—I only went to the bar door—he went to get a receipt for a hundred or two pounds for himself—after I left the room I just saw the prisoner slip out—I did not see him come down stairs—he was got down stairs when I saw him—he went out at a door which leads to the yard—I did not see any more of him till the 7th of April—I suppose I had been in company with him for an hour and a half or two hours—I had been drink-ing two glasses of ale—that was all—I cannot say how he was dressed—he had a black coat on and a black hat—when I had him taken he was dressed much in the same way, only he had a white neckcloth on when he was in the
public-house, and when he was taken he had a kind of striped handkerchief on—I am confident he is the man, from his appearance—he is different now to what he was when he was taken—he looked fresher then, and his dress is now different—I had been thinking a great deal about him, and looking about for him, or I should not have run him nearly half a mile in the street—he was walking when I met him, and he crossed the way between two omni-busses—when he got on the opposite side of the street he began running, and I ran after him—the omnibusses were not so close as to put him in danger—I persist in saying he is the man.
COURT. Q. Did you hear him speak when the officer took him? A. Yes, and his voice was the same as the man I had seen in the public-house.
JOHN BANYARD (City police-constable. No. 562.) On the 7th of April, about half-past one or two o'clock in the day, I saw the prisoner running—I saw the prosecutor soon after—he beckoned to me, and I followed the prisoner to Plough-court, Lombard-street—I found him there, stooping down behind some casks—the prosecutor charged him with swindling him of 10l. in a public-house six weeks before—he said he knew nothing about it—as I was taking him to the station he told the prosecutor if he owed him anything he would pay him—I found on the prisoner two purses—one of them had a counterfeit guinea in it, and the other 1s. 10d. in silver—I found on him a pocket-book, containing two bills of exchange drawn in America, which appeared to be long over-due—he had an umbrella, which he set down outside the station-house door.
Cross-examined. Q. What were the words he used? A. He said, "If I owe you any money I will pay you," and he was putting his hand in his pocket—the prosecutor said, "I shall have nothing to do with you."
HENRY MARTIN (City police-sergeant, No. 49.) On the 7th of April the prisoner was brought to the station—I had occasion to go Out and call a man in, and on coming back I saw this umbrella by the station-house door—on opening it this purse dropped from it, containing in one end twenty-nine counterfeit sovereigns, and in the other end some silver paper—I asked the prisoner if the umbrella was his—he said, no, it was not.
JOHN BANYARD (re-examined.) J believe this is the umbrella I saw the prisoner with—I did not observe him setting it down outside the door—I saw him with it in his possession—I did not find any other umbrella about there.
Cross-examined. Q. What was the latest period you saw the prisoner with it? A. Close to the station-house door—it was an umbrella of this appearance.
HENRY MARTIN (re-examined.) I found the umbrella near the station-house door—this is the Lord Mayor's signature to this deposition—(read)—the prisoner says, "I never saw the man: I do not know the house; I have witnesses to prove I was not in London at the time."
GUILTY . Aged 29.— Transported for Seven Yean.
GUILTY . Aged 29.— Confined Two Months.
ALFRED AINGE HARRIS . I met the prisoner coming up Bishopsgat-street a little after twelve o'clock on the night of the 6th of May—I continued in conversation with her about a quarter of an hour—I then missed my
Watch—I said nothing to her till I met a policeman—I then gave her into custody—on the way to the station she threw the watch into the road, but I did not see her do it—it was my watch—this is it.
Cross-examined by MR. PAYNE. Q. Had you been with other persons treating them? A. Yes, I was the worse for liquor—I should say the pri-soner was not—I went with her to some square out of Bishopsgate-street—I had not any money—my watch was in my right hand waistcoat-pocket—it was not two minutes from the time I missed it till I gave her in charge.
BENJAMIN CATMULL (police-constable P 22.) I received charge of the prisoner—I was taking her to the station, and found her right hand move—I seized it, thinking she had the watch in it, but she had not—I then watched her left hand, and saw her throw this watch into the street—she did not appear to have been drinking.
NOT GUILTY .
NEW COURT.—Wednesday, May 13th, 1846.
Fifth Jury, before Mr. Common Sergeant.
1048. SAMUEL LEE was indicted for embezzling 45l. 98.; 32l. 13s.; 16l. 7s.; and 21l. 12s.; which he received for John Morley, and another, his master; also for stealing 1 order for payment of 16l. 7s.; the property of John Morley, and another, his master; to all which he pleaded
GUILTY . Aged 28.— Transported for Seven Years.
THOMAS DICKINSON . I am a butcher—on the 24th of April I bought a dead pig at Newgate-market, and gave it to the prisoner's brother-soon after I saw the prisoner, who usually porters for me, assisting his brother with the pig—I have not seen the pig since—the prisoner's brother came to me soon after and said something—the pig was worth about 2l.
HENRY CUMMINGS . I was present, and saw the pig placed on an omnibus, and about twenty minutes after the prisoner came and took it off the buss, and carried it out of Bell-yard on his shoulder into Addle-hill—(there was ano-ther man with him, but I could not say who it was)—he said he had brought the wrong pig by mistake.
Cross-examined by MR. DOANE. Q. Did he tell you so? A. He said so—the omnibus was in a coach-house—it had not started on its journey—I am carman to Mr. Cox, of Carter-lane—I was in gaol once for giving a man a lift with some sugar—the Magistrate seat me to gaol for two months for a misdemeanor.
Cross-examined. Q. You cannot swear it? A. No.
MART HARRABIN . I heard a man say he had brought a wrong pig, and I saw him take the pig away—I put my head out of the window, but I was not time enough to see the man's face—I believe the prisoner to be the man.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy. — Confined Two Months.
MR. DOANE conducted the Prosecution.
EDWARD EXTON (City police-constable, No. 651.) I received some paper from Mr. Howe, a cheesemonger—that led me to make some inquiries: and I ultimately went to Mr. Tallis—I went with him to the prisoners' residence in Bartholomew-close, on the 28th of April—I found the prisoners in a room there, and in that room I found these 450 prints, which Mr. Tallis identified—the prisoners did not make any remark—I afterwards got some quires of printed paper at Mr. Price's shop—they weighed about 17 1/2lbs.—this is it.
Cross-examined by MR. ROBINSON. Q. Where has this paper and prints been since? A. In my custody—this book—(looking at one)—was amongst the paper at Mr. Price's.
DIXON HOWE . I am shopman to Mr. Price, a cheesemonger, in Bishopsgate-street. The prisoner Eliza Larkin brought this paper to my master's shop—it looked so clean, that I asked her if it was all right—she said, "Yes," that it was misprinted, and that was why it was used as waste-paper—the last time she came with paper was about the latter end of Feb.
Cross-examined. Q. How much did she sell you? A. About 5lbs. or 61bs. at a time—this book has never been in our house—it was found when the plates were found—I was there at the time—I will swear it was never bought with this paper at our house—I bought some of this paper—I did not buy it all—if my master bought any I should see it—Elizabeth Larkin has sold us some little bits of waste paper, bat none of this—we paid 3d. a pound for the first, and 2 1/2 d. a pound for the other.
Cross-examined. Q. Did you ever buy this book? A. No, I can undertake to say it never was in my shop.
JOHN TALLIS . I am a publisher, and live in St. John-street. I have one partner—I have employed Elizabeth Larkin to stitch books for the last two or three years—her daughter Eliza was employed by her mother—she has worked for about the last six months at our present premises—I had not missed these prints—they are such as we publish, attached to our own works—this paper forms part of works we are publishing—the prisoners had the opportunity of possessing themselves of those prints and paper on our premises, but had no right to dispose of them—our stock is so large we could not miss it—I dismissed the prisoners on the 14th of March—I afterwards accompanied the officer to Bartholomew-close, where the prisoners were living—I saw these prints found there, and the officer took possession of them—this book was found at the lodging where the prints were—I removed it myself, from the prints to the paper—the officer was not aware of it.
Cross-examined. Q. What partner have you? A. My brother Frederick—we have an extensive business—we have a warehouseman who gives out the work—I cannot swear what is given out—these books and prints were given to the prisoners to stitch up on our premises, not to take home—they have not had such things to work at their own premises for the last six months—they did take them home to work at their own premises, which were premises we rented and let to them—I perfectly know the mode of the warehouseman giving the work out—he gives them from one room to another—we never had but one or two that we gave work out to beside the prisoners—each person when they bring work back bring a book in which is entered" received," so much as they bring back—the work is entered when they take it out and when they bring it back—I have the book belonging to the prisoners, in my possession—they have not sent to me to know what I had against them—they were told they were deficient 1136 sheets in all when they were disCharged—these
I did miss, and told them of it, but I was satisfied we had a bad lot, and I told the prisoners they had better go about their business—they used to have a great quantity of this paper—the pile of paper they would have in six months would be as high as the room—they often came and stated that the prints they had given them were too few, and got an additional quantity from the warehouseman, because we had not the means of detecting then that they had the plates, but there is no doubt about it now, because here they are—they returned a few plates on the Saturday right when I dismissed them, and therefore these that are here must have been taken before that—they have not asked for their book half a dozen times—they would bring the book to our clerk.
MR. DOANE. Q. Did they use the book as long as they were employed for you? A. Yes, as long as they were employed in the house, but not to carry work home—they had no authority to sell paper or prints, nor to carry them home—when I discharged Elizabeth Larkin she said I falsely accused her—that she was always very honest, and she and her husband called me all to pieces—I distinguish amongst this paper and prints some that the bad to work upon.
COURT. Q. If these prints and paper had been carried home by the prisoner six months ago, they ought to have been returned to you? A. Yet.
(The prisoner received a good character.)
ELIZABETH LARKIN— GUILTY . Aged 48.— Confined Three Months.
ELIZA LARKIN— NOT GUILTY .
THOMAS SANDERSON . I live in Barbican, and am a boot-maker. On the 21st of April the prisoner came to my shop—he did not buy anything, but as soon as he was gone I missed a pair of blucher boots from the wall—these are them.
Cross-examined by MR. DOANE. Q. There was something said about new footing some boots? A. Yes, there was—he asked me for one of my cards, and while I was getting that I infer he took the boots—I am sure these are the boots.
(The prisoner received a good character)
GUILTY . Aged 38.— Confined Six Months.
(There were three other charges against the prisoner.)
HENRY KNIGHT . I live at No. 36, Maryland-street, St. John-street-road. I am a gentleman—about half-past twelve o'clock on the night of the 10th of April, I was returning home from the City, and in Princes-street, by the side of the Bank, I saw two women, and two or three men, on the other side of the way—immediately I came opposite to them the prisoner, who was one of the women, ran across and seized hold of my right arm—she wished me to stop for an improper purpose—I begged her to leave me, as I was going home as fast as I could—however, she kept hold of me, and we went round the corner to Coleman-street—that was not out of my way—she wanted me several times to stop at several doorways—she went through White Rose-court,
which leads into Basinghall-street—that was still in my road, the way I go and return night and morning—we went on till we came to ana avenue called Sambrook-court—previous to coming there I begged her not to stop—I said, "I cannot stop, I am very late"—she pulled me a few yards up that court against my will, and she began to be very loving—I begged her to let me alone, but she seized tight hold of me, and held me very tightly—I said, "You are a rum one at all events"—then all in a minute she let me go and ran out, and in came two men to inquire if that was a thoroughfare—I thought it was very strange—I put my hand into my pocket, and my purse was gone—I had in it three new Victoria sovereigns, two half-crowns, three shillings, and a sixpence—I rushed out of the court, and turned fortunately to the left—I did not like to be robbed in that kind of way—I met the policeman—he said, "What are you looking for?"—I said, "I have just been robbed"—he had seen the woman run that way—we went down Lawrence-lane, and found the prisoner and another under a doorway, and I heard the purse drop on the stones—this is my purse.
Cross-examined by MR. PAYNE. Q. Had you been comforting yourself? A. I had had a crust of bread and cheese, and some porter and a pipe—I had no gin and water—I am out of business at present—I job a little in the colonial market, in coffee and tea and sugar—I said before the Magistrate that the prisoner enticed me into the court—that is much the same thing as pulling me up—she had hold of my arm—I did not stop two minutes in the court—she got what she wanted, and was off—I was talking with her in Sambrook-court when she put her arms round my waist—I kept my purse in my inside coat pocket—I did not feel it go—it was done dexterously—I am quite sure I did not give it her—I would not hate given so much to her—I certainly ought to have had more firmness than to have gone up Sambrook-court—this is my purse or bag—it is the fob torn out of an old pair of trowsers—it was not in this state when the policeman had it—he has blacked it.
THOMAS TYLER (City police-constable, No. 112.) I received information from the prosecutor—I followed the prisoner—I had lost sight of her—I went in pursuit of her, and found her in Lawrence-lane—the prosecutor said he had been robbed, but he did not say of what—I asked if it was by a female—he said it was—when I overtook the prisoner I saw the purse drop from her hand on the ground—when we got to the station the prosecutor was asked what was in the purse—he said three new sovereigns, two-half-crowns, three shillings, and a sixpence, and that is the money in it.
(Frederick Lewis, of Great Suffolk-street, Borough, gave the prisoner a good character.)
GUILTY. Aged 24.— Judgment Respited.
GUILTY . Aged 17.— Confined Three Months.
HENRY HINES . I am a shoemaker, and live in Rosemary-lane. I had a clock safe when I left home on the 7th of April, about twenty-five minutes past six o'clock in the evening—I returned the next evening and it was gone—it had been locked up—the person had got in at the back parlour window—this is the clock.
Prisoner. Q. How can you swear to it? A. I do not swear to it—it is exactly like mine—I believe it to be mine.
ADAM SHELFORD (City police-constable, No. 58.) Between twelve and one o'clock in the night of the 7th of April I saw the prisoner passing down Skinner-street with this clock under his arm—I took him into custody—he said he had brought it from his master in Huggin-lane.
Prisoner. I said a man in Cheapside asked me to carry it. Witness. He said he brought it from his master—I wished him to go back to his master to see that it was right—he said, "No, it is too late, they will be in bed"—I went the next morning to his master in Huggin-lane, but he had not worked there for some time—they knew nothing about the clock—the clock-maker's name is upon it—I went to him, and he told me whom be sold it to.
Prisoners Defence. A person came up to me in Cheapside, and asked me to carry the clock, and said he would give me 6d.; the officer stopped me, and the man absconded.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Six Months.
(The prosecutor stated he lost 2l. worth of shoes on the same night.)
STEPHEN. EDWARD TAPSTER . I keep the Craven hotel, in the Strand. The prisoner was employed there as a char-woman—on the morning of the 8th of April, Dennyer called on me—he produced this cloth, which is mine—these plates and dishes are mine—I went and found them in the prisoner's lodging—she said my kitchen-maid, Davis, had given them to her—Davis is not here.
THOMAS DENNYIR . I lodge at No. 10, New Church-court, Strand. The prisoner lodged there—I took this cloth off the line there, and took it to the Craven hotel—I went to the prisoner's room, and found these plates and dishes—I have seen her bring plates home several times when she worked at the Craven hotel.
Prisoner's Defence. The cloth was given to me to take a bit of victuals home to my son; the kitchen-maid did not know what to do with these plates; they are chipped, and she told me if they were of any use to me to take them, instead of throwing them into the dust-hole.
NOT GUILTY .
GUILTY .— Confined Two Months.
STEPHEN HENRY WARD , M.D. I live in Finsbury-circus. The prisoner called on me for a prescription on the 1st of April—I had a coat in the room she was sitting in—I left the room, and when I returned she was gone, and the coat—this is it.
GUILTY . Aged 22.— Confined Four Months.
SAMUEL BROWN . I am foreman to Mr. John Seward and another, at Pop-lar. The prisoner was their labourer—on the 27th of March I was informed of something by our time-keeper—I looked under the water-trough, and saw some copper rivets—I watched, and in the evening I saw the prisoner come and kneel down, and draw something from under the trough, and put it into his jacket pocket—I came away, and he was taking his course round the outside of the premises—I went and told him to go after one of the labourers—I kept my eye on him, and saw him go to another part of the shop—I then went and collared him—I charged him with having the rivets—he begged my pardon—I asked him where he took them from—he said, "From No. 2 store," which is where the copper and brass are kept—I found these rivets at the end of the shop where he had gone when I sent him for the labourer—there are sixteen of them, worth about 5s.
Cross-examined by MR. DOANE. Q. Did he not at once throw himself on your mercy? A. Yes—he had been eight months with us—we wish to recommend him to mercy.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY * Aged 16.—Recommended to mercy by the Jury. — Confined Three Days.
MR. DOANE conducted the Prosecution.
JAMBS ALFRED JENNINGS . I live in Long-lane, Smithfield, and am a book-binder. On the 1st of May, between ten and eleven o'clock at night, I was going down St. Martin's-le-Grand—I met the prisoners Foley and Humphreys—I went into a public-house, and asked them in—we went in together, and had some gin—we staid there ten minutes, and then proceeded to St. Ann's-lane, on the other side of the Post-office, and from there to Little Britain—we there went into another public-house, and had something else to drink—I did not see any other woman but Foley and Humphreys—we staid in that public-house from ten minutes to a quarter of an hour—we then went down to Smithfield, and stopped at an oyster-stall—they had some pickled eels, but I did not have any—we stopped there about ten minutes—I did not see the prisoner Mack—from there I proceeded towards Smithfield-bars, but I did not go to the corner of King-street—the policeman came and told me something—I then found I had lost my watch and pocket-handkerchief—Foley was then with me—Humphreys had left me—this is my watch—my handkerchief has not been found—I wore this watch in my waistcoat pocket, with this guard round my neck—the guard is not broken—I must have pulled off my hat to use my handkerchief, and in the mean time the guard and watch were taken—I had been drinking.
Cross-examined by MR. PAYNE. Q. How can you tell you did not give it them? A. I did not—I had it up to the time I was at the stall—I had been with Foley and Humphreys above an hour from the commencement—I did not come out of a public-house with somebody else, and go in again with three persons—I cannot say how my watch and guard went—I missed it directly the policeman came.
MICHAEL HAYDON (City police-constable, No. 174) On the 1st of May I was in plain clothes at the corner of Newgate-street, and saw the prosecutor with the three prisoners in his company—they went to a public-house opposite the Post-office in St. Martin's-le-Grand—Foley went in first—in five minutes Humphreys went in, and Mack remained five or six yards from the door outside—they then all went to the corner of St. Ann's-lane, and crossed to Little Britain, and went into a public-house at the corner of Cross Keys-square—the prosecutor Humphreys and Foley went in, and Mack remained at the door—they came out, and all went to an oyster-stall—I watched, and in ten minutes I saw the prosecutor go to King-street—Foley and Humphreys had each of them hold of one of his arms, and Mack followed about eight or ten yards behind—they went close to the second cab on the rank there, and remained about ten minutes—I then lost sight of Mack, as I knew they would recognise me, I kept back, and got on the box of a cab—I could then only see Foley, Humphreys, and the prosecutor—I saw Humphreys run away in the direction of King-street—I jumped off the cab, and the prosecutor came towards me—Foley walked away that instant—I told the prosecutor I missed his guard-chain, that I had seen him with at half-past ten o'clock at the end of Newgate-street—I asked if he had lost it—he said he had—I went after Humphreys knowing she lived in Field-lane—I arrived there first—she came in about five minutes—I said, "Young lady, let me have that watch"—she made no reply, but seemed very much agitated—she then said, "I have no watch, I have not by G—"—I gave her to another officer, with a strict injunction to watch her—I remained there about five minutes, and Mack and Foley came up arm in arm—I took them to the station—the prosecutor had been drinking, but he ran after me down to Field-lane.
Humphreys. The prosecutor said he had not money enough to sleep with us; he took the watch and chain off, and gave it me.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
PRISCILLA THURLOW . I am ladies'-maid to Mrs. Patey, of Denmark-hill. On the 13th of April I went to the Ipswich Arms, Cullum-street, to book a parcel—I saw the prisoner there, and paid him 1&s. 8d. for the parcel, and 2d. for booking—the parcel contained money and clothes—I have never seen it since.
EDWARD RIGG . I am servant to Mr. Hubbard, a mattress-maker in Old-street. On the 24th of April I was sent to the Ipswich Arms, Cullum-street. for a bag of feathers—I paid the prisoner 2l. 17s. 6d. and 2d. booking—this is the receipt I took from him—he wrote it in my presence.
JANE SYMONDS . I am the wife of John Symonds—he keeps a booking-office at the Ipswich Arms, in Cullum-street—he is paralytic, and I manage the business—the prisoner is our clerk. It was his duty to pay over to me such monies as he received, every night—if he received money for a bag of feathers, it was his duty to pay that over to me—he ought to enter in the "up-book" when the goods came in, and to have entered it in the account-book the day after the money was received—he should also enter it in this small
book which he gave me every night—it is by this book I check the sums I receive from him—this is the book I generally see, and the book I act on—I do not enter small accounts in this book, only the cash the prisoner brings in—on referring to the 24th of April, he had received 22s. 6d.—he brought me in 10s., and accounted for 12s. 6d., which he paid for corn—that does not include any part of the 2l. 17s. 6d., and he never paid that over to me—here is an entry now in the up-book of the 2l. 17s. 6d.—it was made by Hendry, the book-keeper at the Saracen's Head—I sent for him.
Cross-examined by MR. DOANE. Q. There is an entry of Hubbard's money? A. Yes—Rigg is servant of Hubbard—here is the entry of Hubbard's parcel with the letter L to it, meaning it had not arrived, but was left at the railway—on the 24th of April here is "cash, 10s.," and "corn, 12s. 6d."—this 1l. 5s. is what be paid on Saturday, the 25th—not on the 24th—he brings in the money he takes, every night, but we settle our books once a. week—if anything happened, it might go ten days—I might express regret at having given him into custody, because I did not want the trouble of coming here—he had been with me seventeen weeks.
COURT. Q. Is there any entry of the 1s. 8d. on the 14th of April? A. No.
(The prisoner received a good character.)
GUILTY. Aged 27.—Recommended to mercy by the Prosecutrix , who stated there were a great many other cases against him to the amount of nearly 100l.
Confined Eighteen Months.
GUILTY . Aged 8.— Transported for Seven Years.
(The prisoner had been in custody eight or ten times.)
1062. BENJAMIN CROOKS was indicted for stealing 1 pair of boots, value 15s., the goods of Benjamin Worthy Horne and another, his masters,—2nd COUNT, stating them to be the goods of Benjamin Worthy Horne, and another.—3rd COUNT, stating them to be the goods of the London and Birmingham Railway Company.
MR. COBBETT conducted the Prosecution.
JOHN COWAN . I am a van-driver, in the employ of Messrs. Chaplin and Horne, at Camden-town station. On the 31st of March I was there, sorting goods to put into the vans—the prisoner was there—he is porter—I saw him draw his hand out of a hamper—I looked, and saw it was a hamper of boots—the boots were sticking up—I then saw him put something under his coat—I gave information to Meredith.
THOMAS MEREDITH . I am a policeman of the London and Birmingham Railway, No. 37—I was at Camden-town station on the morning of the 31st of March, and received information from Cowan—I stopped the prisoner—I told him I had reason to believe he had got something in his pockets which was not right—he paused for a minute, and said, "I have"—I said, "I am sorry for it, what have you got?"—he said, "A pair of boots I took from a hamper in the warehouse"—he took the boots from his pocket and gave them to me—he said he was very sorry he should be so foolish, and begged me to let him take them back.
Cross-examined by MR. O'BRIEN. Q. How long had the prisoner been in Messrs. Home and Co.'s employ? A. I think two or three years—we have not known anything against him.
GUILTY . Aged 30.— Confined Six Months.
NEW COURT.—Thursday, May 14, 1846.
1063. JOHN WARDLE and JOHN GINGELL was indicted for steal-ing 3 gallons of rum, value 6s.; the goods of the East and West India Dock Company, in a certain barge, in a certain port of entry and discharge.
MR. CLARKSON conducted the Prosecution.
CHARLES WILLIAM DUMAND . I am a labourer in the service of the East and West India Dock Company. On Monday morning, the 30th of March, between nine and one o'clock, I shipped on board Taylor and Bell's barge, the Blucher, No. 754, fifty-seven puncheons of rum, marked H. and Co., S. P. & Co. under it—Wardle had charge of the barge—I believe he is one of Taylor and Bell's men—he stowed the rum—there was a strange man in the barge—the rum was to be taken to the rum quay, West India Dock, as we had no accommodation for it in the East India Dock.
WILLIAM SHARP . I am a tide-waiter in the Customs. On the 30th of March, about half-past one o'clock, I went to the Dock and took charge of the Blucher, in the East India Dock basin—Wardle navigated her from the East to the West India Dock—I left her there in the import Dock—about a quar-ter past four o'clock we stopped at the rum quay, but we could not land it, as it was after the hour.
Cross-examined by MR. PAYNE. Q. Did not Wardle make an effort to get it discharged that night? A. He did, but the bell was ringing, and they said it was too late, the Customs would not allow it.
WILLIAM CAMPBELL . I am a cooper in the service of the East and West India Dock Company—on Monday morning, the 30th of March, I carefully examined the puncheons of rum which were put on board the Blucher—there were no spiles or new plugs in any of them, nor any signs of it—I examined them before they went into the barge.
Cross-examined. Q. How did you make your examination? A. I tapped them to see if they were full, and then had two men to roll them over to see that they were right—it is my duty to see that there are no plugs in them.
RICHARD DRING . I am a cooper in the service of the East and West India Docks—it is part of my duty to examine all the casks landed at the rum quay, in the West India Dock—on Tuesday morning, the 31st of March, about ten o'clock, I attended at the unloading of the barge Blucher—I examined the whole of the puncheons that came from it—as the men rolled them over to me I observed one, No. 815, had two new plugs in it—it was marked H. & Co., S. P. & Co.—the plugs appeared to be newly made, and to have been smeared over with dirt, to take off the freshness—in half an hour after another puncheon was landed which had the same marks on it, No. 819—I found in that two plugs similar to those in No. 815—I made a communication of the matter to Mr. Taylor and Mr. Harris.
WILLIAM TAYLOR . I am foreman cooper in the service of the East and West India Docks—between ten and eleven o'clock on the 31st of March, my attention was called to two puncheons by Dring-they were numbered and marked
as he has correctly stated—I perceived they had been recently plugged—I drew a sample from each of the puncheons and delivered them to Mr. Hampton, the Customs' gauger—there were twelve of those puncheons which had the same marks on them, dipped by the Custom's gauger—they averaged a deficiency of about four gallons each—Nos. 815 and 819 were dipped also—one of them was five gallons deficient, and the other six gallons—between the two there was a deficiency of three gallons more than the average deficiency of the puncheons.
WILLIAM HAMPTON . I am a gauger in the service of the Customs. On Tuesday morning the 31st of March, a bladder containing rum was brought to me in the proof-room, in the West India Docks, I measured, and found it contained one gallon of rum—I ascertained its strength—there were two samples of rum brought by Mr. Taylor, one from the puncheon, No. 815, and one from No. 819—the strength of the rum in the bladder was 36.2 per cent, over proof—the strength of that from No. 815 was 36.1 per cent—and that from 819 was 36.3 per cent—I have compared these samples—I have no doubt whatever j that they are in all respects the same with those in the bladder.
Cross-examined by MR. BALLANINE. Q. This rum ought riot to nave been removed from one vessel to another that night? A. No—if the craft had arrived in the legal hours, before four o'clock, the puncheons would have been landed, but it did not—I heard that the bladders were found in the locker of the craft—I cannot say whether, if the custom-house officer had discovered these bladders, the vessel would have been seized—if the rum had been found in the locker it might have been presumed to be for smuggling.
Cross-examined by MR. PAYNE. Q. By what means are you able to say that this spirit in the casks was the same as that in the bladders? A. By the taste, by the strength, and the appearance of it—the apparent strength varies with the temperature—it causes a variation of one or two-tenths from the table.
MR. CLARKSON. Q. Supposing there was a puncheon containing spirit of 36 one per cent., and another puncheon containing spirit of 36 three per cent., and some had been drawn from each and mixed together, would the effect be to give some of 36 two per cent.? A. Yes.
JOSEPH HAYCOCK . I am a labourer to the East and West India Dock Company—on Monday evening, 30th March, about four o'clock, the craft Blucher arrived at the rum quay, West India Dock, in charge of Wardle—he hailed me, and asked permission to land—he was answered it was too late—the bell was ringing at the time—he then passed the craft towards Limehouse-basin—next rooming, before nine o'clock, he brought the same craft to the rum quay, West India Dock—I assisted to land the puncheons, but Wardle did not—he went away—after the puncheons were landed Mr. Harris desired me to watch the craft that no one went on board—that was about eleven o'clock—it had taken about an hour to discharge the puncheons—there were six men at the crane and myself on shore, and two men rolling them away—about half-past ten o'clock I saw Gingell—I knew him to be in the service of Taylor and Bell—he was on the quay with Mr. Harris—I heard Mr. Harris say to him, "Gingell, have you got a key to unlock that locker," pointing to the locker on board the craft Blucher—Gingell said, "No, I have got no key, I have no business with the craft at all"—Mr. Harris said, 'o Very well, then, you need not go on board"—Mr. Harris then turned away and Gingell went on board the Blucher—I followed him—he proceeded to unlock the locker, and took a bucket out—he then cut open two bladders which were on the bottom of the locker—the liquor ran down from them—by the smell and appearance it was
rum—I told him he had better desist—I went to the locker myself—I took out the two empty bladders, and also one full one, which I found at the bot-tom of the same locker.
COURT. Q. How long had Wardle been gone away? A. I should say an hour and a half—I believe Gingell was sent for, but I did not send for him—he was on our quay.
MR. CLARKSON. Q. Was there any opportunity of spileing the puncheons between the time of the craft coming into the rum quay, and the taking of the bladders by Gingell? A. No, it could not have been done—this is the bladder that was full of rum, and these are the two that are cut—Gingell took these from the floor of the locker, the same place where I found the full one—I kept the full one till Mr. Cox came—I then took it to the proof-room—that is the same bladder that Mr. Hampton examined the contents of—Gingell said to Mr. Hampton, "I hope you will look over it, I am an old servant, I done it to save a bother."
Cross-examined by MR. BALLANTINE. Q. How long have you known Gingell? A. Nine or ten years—he is in the service of Taylor and Bell to the best of my knowledge—he and Wardle used to work together—the Lime-house basin is a part of the dock.
JOHN HARRIS . I am warehouse-keeper of the rum department in the West India Docks—on the morning of the 31st of March, I directed Haycock to watch the Blucher, which was lying empty at the rum quay—I sent for Gingell, knowing he was in the employ of Taylor and Bell—(I should have sent for any man in their employ)—he came from the opposite side of the dock, and I asked him if he had got a key to the locker of the Blucher—he said, no, he had nothing to do with bringing in the craft—I told him there was no necessity for his going on board—he did go, and I discovered he had cut two bladders—I jumped in and seized him with a knife in his hand going to cut the third—he said he did it to save a bother, and to screen another lighterman—he said he had been in Taylor and Bell's employ for thirty years, and he hoped I would forgive him—he also said it was a drop for a cold night.
COURT. Q. What was the value of this rum? About 2s. 10d. a gallon—there was rather more than a gallon in each bladder—I saw the rum which had run into the bucket, and some had run on the floor—Gingell was given into custody, and on Wardle's return from the East India Dock he was given into custody.
Cross-examined by MR. BALLANTINE. Q. Did you always remember the "drop for a cold night?" A. It did not occur to me at the moment I was before the Magistrate—Gingell did not say, "I did it to screen him"—he said to screen another, and it is my conclusion that he meant another lighterman—this was a common key to the locker.
JAMES COX . I am a constable in the service of the East and West India Docks—on the 31st of March, about eleven o'clock, I took Gingell—I asked if he knew anything about the bladders and the rum—he said he knew nothing about them no further than he cut the bladders, and he had done it to save a bother, and he was sorry for what he had done—I afterwards took Wardle, and asked what he knew of it—he said he knew nothing about it, that he had brought the lighter in on the previous night, and taken it to the Li me ho use basin and deposited it there for the night, and brought it back the next day to the rum quay—I found locker keys on both the prisoners, which open the lockers of Taylor and Bell's craft.
Cross-examined by MR. BALLANTINE. Q. I believe one man's key will open another locker? A. They are common locks—Taylor and Bell have a
great number of crafts—any key will open any locker except their private lockers.
CHARLES TALMEDGE . I am principal gauger to the East and West India Dock Company—on the 31st of March I gauged thirteen puncheons of rum on the quay—I found an average deficiency of four gallons in each puncheon from evaporation and condensation of the liquor during the voyage—I gauged the puncheon, No. 815, and found a deficiency in that of five gallons, and in 819 a deficiency of six gallons.
MR. BALLANTINE to WILLIAM SHARP. Q. Did you see this lighter come into the West India Dock? A. Yes—Gingell was not on board or I should have seen him—there was nobody but Wardle and me—I left the lighter and saw no more of it.
NOT GUILTY .
1064. JOHN ROBERT NOYES was indicted for stealing, on the 18th of April, 48 brushes, value 6l., the goods of Edwin Bliss, his master: and MARY ANN NOYES for feloniously receiving the same, well knowing the same to have been stolen; to which
JOHN ROBERT NOYES pleaded GUILTY .
MR. WILDE conducted the Prosecution.
CHARLES JEFFREYS . I am manager to Mr. Edwin Bliss, a brush manufacturer in Barbican. The male prisoner was our errand-boy—we missed a great number of brushes from time to time—I have seen some brushes since which resemble those we missed—I know Alice Noyes from seeing her at our house—I gave the prisoners into custody.
EDWARD KINO . I am assistant to Mr. Cock sedge, pawnbroker, Church-street, Shored itch. I produce eleven brushes—part of them were pawned by Mary Ann Noyes—I have one pawned by her on the 4th of Aug., 1845, in the name of Ann Smith—I knew her by that name generally.
Cross-examined by MR. HORRY. Q. Is yours a considerable place of business? A. Yes—I have seen her as a customer perhaps four or five times in the last six months.
MR. WILDE. A. Have you any doubt of her? A. No.
WILLIAM BOLTWOOD . I am assistant to Mr. Cotton, a pawnbroker. I produce four brushes, pawned by Mary Ann Noyes—I had seen her before, and knew her in the name of Ann Evans—she offered some more brushes, which I did not take in.
ALFRED PRITCHETT . I am assistant to Mr. Sowerby, a pawnbroker. I produce fourteen brushes—four were pawned on the 27th, and four on the 29th of Aug.—the others were in the window for sale—four of them were pawned by Mary Ann Noyes for 6s.—I cannot say who pawned the others.
Cross-examined. Q. Her name is not on the duplicate? A. No, they were pawned in the name of Ann Smith—I suppose it was six months since I had seen her before.
MARY ANN NOYES— NOT GUILTY .
1065. JOHN ROBERT NOYES was again indicted for stealing 22 brushes, value 2l., the goods of Edwin Bliss, his master; and ALICE NOYES for feloniously receiving the same, well knowing them to have beer) stolen: to which they both pleaded
1066. JOHN ROBERT NOYES was again indicted for stealing 3 brushes, value 7s., the goods of Edwin Bliss, his master; and ALICE NOYES for feloniously receiving the same, well knowing them to have been stolen: to which they both pleaded
1067. JOHN ROBERT NOYES was again indicted for stealing 10 canvas bags, value 6s.; I clothes brush, 2s.: 3 other canvas bags, 2s.; 51b. weight of pins, 8s.; 9 cakes of sal prunella, 3s.; 6 tooth-brushes, 2s.; 2 pieces of wash-leather, 9d.; 1 pair of gloves, 6d.; four drinking horns, 2s.; and 2 wooden ladles, 3d.; the goods of Edwin Bliss, his master: and ALICE NOYES and MARY ANN NOYES for feloniously receiving the same, knowing them to have been stolen: to which
JOHN ROBERT NOYES pleaded GUILTY .
ALICE NOYES pleaded GUILTY .— Confined One Year.
MR. WILDE offered no evidence against Mary Ann Noyes.
MARY ANN NOYES— NOT GUILTY .
1068. JOHN ROBERT NOYES was again indicted for stealing 2 brushes, value 5s., the goods of Edwin Bliss, his master; and MARY ANN NOYES for feloniously receiving the same, well knowing them to have been stolen; to which John Robert Noyes pleaded
MR. WILDB offered no evidence against Mary Ann Noyes.
MARY ANN NOYES— NOT GUILTY .
1069. JOHN ROBERT NOYES was again indicted for stealing 8 brushes, value 7s., the goods of Edwin Bliss, his master: also, for forging and uttering a request for the delivery of two violins and bows, with intent to defraud Alfred Davis and another; to which he pleaded
GUILTY . Aged 17.— Confined Two Years.
1070. RICHARD SEALEY and JAMES BUNCE were indicted for stealing 100 paving-stones, value 30s., the goods of the Committee elected and appointed for the better carrying the purposes of the Act 23 of George the 3rd into execution:—Another COUNT, stating them to be the property of James Wilson Smith and others; and JOEL HALES for feloniously receiving the same, well knowing them to be stolen.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
JOSEPH FREEMAN . I am one of the firm of Moulin and Co., stone contractors and wharfingers. We were employed to pave the carriage-way of the parish of St. Martin's-in-the-fields—the prisoners Sealey and Bunce were out carters—On Wednesday, the 29th of April, they were employed in carrying paving-stones from James-street, Covent-garden to St. Martin's-street—we had occasion to take the old stones up in James-street, and to take them to St. Martin's-street—Sealey and Bunce were employed in carrying them—the men have what is called rubbish after the stones are taken up, if permission was obtained from the foreman—we never considered it any perquisite—we never knew anything could be got from it—the stones which were conveyed from James-street to St. Martin's-street could not, by any conception, be mis-taken for rubbish—it was their duty to take the stones from James-street to St. Martin's-street, and nowhere else—they stated that that day seven loads had been taken by them to St. Martin's-street—about seven o'clock that evening I was walking in the neighbourhood of Lisson-grove, and I saw two of my own carts of stones—Sealey and Bunce were with them—it was no part
of their duty to be there—I followed the carts—they turned into Earl-street, and from there to Little Grove-street—they stopped opposite the prisoner Hales' premises, which are down a street that is open at both ends—they shot the stones out, and I went for a policeman—(they had taken seven loads to St. Martin's-street—this was the eighth load—if they had done their duty they should have deposited that load in St. Martin's-street, and then have returned with their empty carts to have given their account)—I was not gone more than ten minutes for a policeman—when I returned, the stones had been removed from where they had shot them, to just inside the door of Hales' premises, and there appeared to have been some ground shovelled up upon them—Hales' premises are a coach-house, with rooms over—there are large folding doors—I found Hales standing against the door of the coach-house—I saw a boy there with a shovel in his hand shovelling a little loose ground outside—I went up and said to Hales, "Who do these premises belong to?"—he said, "To a person at Vauxhall"—I then called in the policeman and he put the same question to Hales—he at first said they belonged to a person at Vauxhall, and then he said, "If I must tell you, they belong to me"—the policeman put some other questions to Hales, but I took very little notice of them—I recollect Hales said that he bought the stones for rubbish of two carts which had brought them there—the stones were in a damp state at the lower end, as if they had just been taken up in the street—the stones I saw Sealey and Bunce shoot were worth from 15s. to 18s. a ton—there were not less than two tons of them certainly—if they had been such stones as are broken up for macadamizing they would have been worth from 8s. to 10s. a ton, but these were better than would be taken for that purpose—they were very good ones—it sometimes happens that stones are not good enough for a place where there is a great traffic, but good enough for a place where there is less traffic.
Cross-examined by MR. O'BRIEN. Q. Do. you live in Praed-street, Paddington? A. Yes—when these men had delivered their loads their duty was to have taken the horses to our place—it depends on circumstances as to what time they leave work—they took their horses to Praed-street after they had shot these stones—I was on the premises when they went home, and they were given into custody there that evening—the policeman and the carters came up together—I did not particularly examine the stones in the carts—I had been to James-street myself that morning.
Cross-examined by MR. PAYNE. Q. There was some ground thrown up, did not that appear to be to enable the doors to be shut? A. Yes—Hales said he was quite willing to go with the policeman—the policeman brought it to my recollection that Hales said he had bought the stones for rubbish of the two men.
MR. CLARKSON. Q. Are you sure that they must have known they had no right to take the stones there? A. Yes.
JOB CLEMENTS (police-constable D 137.) I was spoken to by Mr. Freeman on the 29th of April—I went with him to Hales—I asked Hales whose premises they were—he said they belonged to a man at Vauxhall; but when the question was repeated, he said, "If I must tell you, they belong to me"—P asked whose stones they were—he first said they belonged to a man at Vauxhall, and afterwards he said he bought them of two men with two carts, for rubbish—I took him into custody—on the same evening I took Bunce—I told him I took him for stealing a load of stones, or on suspicion—he said at first that he had not stolen them—he afterwards said it was the first time: and on the way to the station, he said he had taken rubbish there before, but had not taken any stones.
JAMES M'KEATH (police-constable D 176.) I took Sealey on the 29th of April, at Messrs Moulins' yard—I said, "You must consider yourself in my custody for shooting a load of stones"—he said, "What stones?"—I said, "The stones you shot in Little Grove-street"—he said no more.
CHARLES VAUGHAN . I am a labourer in the employ of Messrs. Moulin and Co. I was working for them on the 29th of April—Sealey and Bunce were conveying stones from James-street to St. Martin's-street—I was loading the carts—I had nothing to do with carrying the stones—they were stones similar to those which are here now with which I loaded the carts—I loaded the last loads for Sealey and Bunce about six o'clock, as near as I can tell—there was about one ton in each cart—they had been at work all day—I do not know how many loads they had taken.
ABRAHAM BURSTALL . I am surveyor of the pavement of St. Martin-in-the-Fields. By the Act of Parliament, all the old stones are vested in the Committee of the Paving Board—Mr. James Wilson Smith is chairman of the Board of twenty-four Commissioners—he is acting in that committee under the Paving Board.
Cross-examined by MR. PAYNE. Q. How do you know that? A. He was elected under the Act of Parliament—I was present at the election—it was registered in the books, which are here now.
DENNIS REDDING . It was my duty to receive the loads of stones which came by the carts at St. Martin's-street—on the 29th of April Sealey and Bunce brought their last loads about half-past four o'clock—they never deli-vered one after that—they sometimes leave work at half-past five o'clock, and sometimes at six or seven, when we are in a hurry—I saw them go back with their empty carts about half-past four.
Cross-examined by MR. O'BRIEN. Q. Were you there all the evening? A. Yes, till half-past six o'clock.
(The prisoners received good characters.)
SEALEY— GUILTY . Aged 35.
BUNCE— GUILTY . Aged 38.
Recommended to mercy by the Jury and Prosecutor.— Confined Three Months.
HALES— GUILTY. Aged 40.—Recommended to mercy by the Jury. — Confined Six Months.
1071. MARY SWEENEY was indicted for stealing 1 shawl, value 2s.; 1 comb, 3d.; 3 pillow-cases, 1s.; 6 handkerchiefs, 5s. 6d.; 1 pair of pockets,1s.; 1 pair of drawers, 1s.; 2 shifts, 2s.; and 1 night-gown, 1s. 6d.; the goods of Alexander Godwin Martin, her master.
LYDIA SOPHIA MARTIN . I am the wife of Alexander Godwin Martin—we live at Victoria-lodge, Chiswick. The prisoner was in our service for nine weeks—on the night of the 6th of April the policeman knocked at our door between one and two o'clock, to tell us there was a man in the house—I got up, and Mr. Martin, and the officer told him, through the door, that our servant had been out, and brought a man in with her—the officer Went up stairs, and found the man on the top of the house—the prisoner's box was searched about noon on the same day—she was told to meet the officer at our house—th" officer met her, and her box was searched in my presence, and the articles mentioned in the indictment were found in it—they are my husband's.
HENRY MOUNT (police-sergeant T 29.) I went on the 6th of April to Mr. Martin's—I searched the prisoner's box—I found a quantity of wearing apparel, and two duplicates—one of them related to a spoon, pawned at Mr. Aldis's—the prisoner told me she had taken it, and pawned it there, and she intended to redeem it when she was paid her wages—she pointed out some things in her box which she said were given to her, but not any of the things
I have here—most of these things were in a box that was unlocked—the duplicates were in a box that was locked.
LYDIA SOPHIA MARTIN re-examined. These are all my property—this spoon is mine—it was made over to Mr. Martin in trust for me and my children—these two cambric handkerchiefs and other things are Mr. Martin's, and were in trunks up stairs.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Six Months.
MARY ANN CALF . I am the wife of Richard Francis Calf, a weaver, in Punderson's-garden, Bethnal-green. The prisoner was employed to clean my place and nurse my child—I paid her 3s. 8d. a week—she had been in my service three weeks and two days—on the 30th of April she quitted without notice—I had a purse containing eighteen sovereigns, which I kept locked in a box under my bed—the day after the prisoner left I examined that box—I found it locked, but I missed from it the purse and the eighteen sovereigns—I discovered the prisoner at a lodging in Nichol-street—I said to her, "Mary, what is the reason you left my work?"—she said, "I don't know"—I had seen the money safe eight or nine days before I missed it—I got an officer, and gave the prisoner into custody—I have seen the purse since—it is mine.
JOHN TOY . I am a weaver, and live in the prosecutor's house. I went with Mr. Calf on the 1st of May, in search of the prisoner, and found her at No. 56, Old Nichol-street—I accused her of robbing Mr. Calf—she burst into tears, and said, "Oh, Mr. Toy, don't send me to prison"—I advised her to come with me to her master's, and deliver up the property—she put her purse into my hand, and some silver in a white wrapper—there was 5l. 15s. 5 1/2 d.—there was one sovereign which was a bad one—the rest was silver and coppers—on inquiring what she had done with the other twelve sovereigns, she said she had given six to a woman who lived in the house, and another portion of it to Mr. Pope, at the corner of the street—I got the policeman, and on searching the prisoner's lodging, Mrs. Calf discovered several things which had been stolen from her room—I was left at No. 56, Old Nichol-street while the officer took the prisoner to the station, and then he came back and took the goods, and some things—I did not tell the prisoner it would be better to acknowledge about the money and return it—I said, "Come to your master's, and deliver up the money, and settle the business with him."
JOHN ALEXANDER (police-constable G 236.) The prisoner was given into my charge on the 1st of May—I asked what money she had, and what she had done with the rest of it—I found 4l. 15s. 5d.—I found some new apparcel at her lodging.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Year.
MR. PAYNE conducted the Prosecution.
as a tuner, and to attend to the ware-room. On the 23rd of March I gave him this check for 90l., to go to the Commercial-bank, and receive a 40l., and a 50l. note—he went out with the check, and never returned—I never got the money from him—I saw him again when he was in custody.
Cross-examined by MR. BALLANTINE. Q. Was he acting as a servant to you? A. Yes—I knew his father, and I took him—I have heard that he went to the Masquerade that night, and I believe he made very free use of the money.
THOMAS DYSON . I am one of the cashiers of the Commercial-bank. On the 23rd of March I paid the prisoner the amount of this check in gold—he asked for gold—the greater part of it was sovereigns—there might have been some half-sovereigns.
JAMES JOHNCOCK (police-constable C 182.) About nine o'clock at night, on the 11th of April, I saw the prisoner in King-street, Soho—I had received information, and took him—I told him I took him on suspicion of robbing his master of 90l.—he made no reply.
GUILTY. Aged 18.—Recommended to mercy by the Prosecutor. — Confined One Year.
ELIZABETH GOULDSMITH . I am the wife of Edwin James Gouldsmith—we live in Queen-street, Tower-hill. The prisoner came into our shop on the morning of the 15th of April, and asked for a halfpenny-worth of padding—I said I had not any—he looked round, and said, "There is some!"—I said, "You can have that if you like"—it was a piece of rhubarb-pudding which I had saved for my own dinner—I gave him that—he said, "I must have a bit of paper"—I stooped to get up a piece, and he took a piece of beef with his left hand, out of the window—I went to him, and he threw it at my feet—my husband came and held him till I got an officer—he had been a visitor at my shop before, and each time I missed something.
ELIZABETH GOULDSMITH re-examined. There had been another boy in the shop, but he had nothing to do with the beef—I had seen the prisoner in the shop three times before—he is known by lying about the street of a night under the shutters—he said he had no home.
(The prisoner pleaded poverty.)
GUILTY . Aged 16.— Confined Fourteen Days.
WILLIAM HILLMAN . I am a labourer, and live in Rising Sun-court, Chelsea—the prisoner is my landlord's son—he slept in the room with me. I had a pair of boots which I put under the bed some weeks ago—I missed the prisoner at half-past five o'clock one Monday morning, and missed my boots which I had seen safe the night before.
ROBERT SMITH (police-constable B 72.) I took the prisoner—I told him I wanted him for stealing a pair of boots—he said he had neither ticket nor boots, and I could do nothing with him—when he was in the station he said he had sold the boots to a Jew in Petticoat-lane for 1s., and the old pair of shoes which he had on—on the Monday morning he told me he sold them in Field-lane.
Prisoner. I slept with the prosecutor the night before, and I put his shoes on and left my own under the bed—I was destitute.
GUILTY . Aged 18.— Confined Six Months.
1076. WILLIAM FRAZER was indicted for stealing 61 knives, value 2l. 10s.; 61 forks, 1l. 10s.; and 1 pair of scissors, 1s. 6d.; the goods of William Hems, and another: and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 50.— Confined Eighteen Months.
GUILTY . Aged 19.— Confined One Year.
1078. WILLIAM PETTY was indicted for stealing 1 jacket, value 10s.; 1 pair of trowsers, 8s.; 1 handkerchief, 1s.; 2 half-crowns, and 2 shillings, the goods of John Talbot, his master; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 23.— Confined Six Months.
GUILTY . Aged 30.— Confined Four Months.
NEW COURT.—Friday, May 5th, 1846.
Fifth Jury, before Mr. Recorder.
WILLIAMS * pleaded GUILTY . Aged 22.— Confined One Year.
DAVIES pleaded GUILTY . Aged 19.— Confined Six Months.
SKINNER * pleaded GUILTY . Aged 27.— Confined One Year.
LOXTON pleaded GUILTY . Aged 32.— Confined Six Months.
GUILTY . Aged 18.— Confined One Month.
GUILTY . Aged 22.— Confined One Month.
MR. ELLIS conducted the Prosecution.
THOMAS BAGLEY . I am the son of James Bagley, of Motcomb-street, Pimlico. I am eight years old—on the evening of the 4th of April I met the prisoner in Cadogan-terrace—he asked me to go to the bookseller's, to get two penny sheets of writing paper, and said if I made haste he would give me a halfpenny—he gave me a half-crown—I went to Mr. Caines' shop, and gave the half-crown to him—he made up a paper parcel, and told me to give it to the man that gave me the half-crown—Mr. Caines kept the half-crown, and I went to the bottom of the street—I saw the prisoner, and offered him the paper parcel—he did not take it, but walked on—I beckoned to Mr. Caines, and told him that was the man—Mr. Caines ran and caught him—he asked him if he gave me the half-crown—he said no—I am sure he is the man.
Cross-examined by MR. PAYNE. Q. Do you go to school? A. Yes, and to church—I know it is a bad thing to tell a lie—I had never seen the prisoner before—he was not a minute in doing this—I knew him by his coat—he had a rough-looking coat on, and I knew him by his face.
GEORGE CHRISTOPHER CAINES . I am a bookseller. Bagley came to my shop about six o'clock in the evening, for a sheet of paper, and offered me a half-crown for it—I immediately detected that it was bad—I made up a small parcel of paper to detect the person, whoever gave it him—I told him to take the parcel to the man who gave him the half-crown—he went out with the paper—I followed him—he went towards the prisoner, who was about the centre of the crossing, within sight of my house, about fifty yards from it perhaps—he joined the prisoner, and by the time he got to him I came up to him—I had seen the boy beckon him—I cannot say whether the prisoner made any advance to meet him—I was looking for a policeman—when I came up, the boy and the prisoner were not more than four or five yards from each other—they were having communication—I laid hold of the prisoner, and said, "You have sent this boy to my shop with a bad half-crown"—he said, "No, I did not"—I collared, and led him on towards the top of the street, and on arriving at Mr. Bagley's shop I pushed him in—he sat down on a chair, with his arm resting on a tea canister—he then got up from the chair and ran down the street—Mr. Bagley and I followed him, with a cry of "Stop thief!"—we never lost sight of him—we took him and brought him back to the shop—it all took place within five minutes—the policeman Loveless came, and I marked the half-crown and gave it to him—it had been in my possession—it had passed to Mr. Bagley.
Cross-examined. Q. Your shop is in Halkin-street, is it not? A. Yet—I saw the prisoner at the corner of Motcomb-street, in Lowndes-street—I gave the half-crown to Mr. Bagley in his shop—he examined it in my presence, and showed it to some other persons in the shop—it was not out of my pos-session three minutes—several persons came into the shop when they saw me push the prisoner in—the half-crown was shown about—I marked it before I gave it to the policeman—I had before put it into my waistcoat pocket—I had no other money whatever in that pocket.
JAMES BAGLEY . I am the father of Thomas Bagley. On the evening of the 4th of April Mr. Caines and my son brought the prisoner into my, shop—I asked the prisoner to sit down in a chair—there is a large tea-canister stands against that chair—I told the prisoner it was a very proper
case for the police, and I should send for a policeman—he placed his arm over the tea-canister after he had been there a few minutes, and I heard something drop, which I thought was one of the brass weights—I turned to my wife, and asked if anything had dropped off the counter—we did not find anything till the Friday after, when Terry, who was occasionally employed in sweeping the shop, found a half-crown—the shop had been swept before the Friday, but the canister had not been removed—there were no other canisters by it—it stood in the corner, and was only moved occasionally—Mr. Caines showed me a counterfeit half-crown—I gave it him back again.
Cross-examined. Q. Did you show it to other persons? A. I believe I did to one or two persons, but it was not out of my sight, unless it was hidden by a person's finger for a moment—it was scarcely one yard away from me—only two or three persons came in till the prisoner ran away.
WILLIAM LOVELESS (police-constable B 28.) On the 4th of April I took the prisoner—I received a counterfeit half-crown from Mr. Caines, and in twenty minutes or half an hour I received another half-crown from Thomas Marrett—I have kept them separate—I found on the prisoner two penny-pieces good money.
Cross-examined. Q. How do you know the half-crown you just put down is the one you got from Mr. Caines? A. I have kept it separate from other money, and it is marked with a cross under the neck, by Mr. Caines.
CHARLES TERRY . I swept out Mr. Bagley's shop on the 10th of April—I removed the canister, and found a piece of newspaper with seven half-crowns in it—they were outside the canister on the floor—the canister is round, and the corner is square, and these laid in the corner behind the can ister—the moment I found it I just opened the paper, and gave it to Mr. Bagley.
Cross-examined. Q. How near the door were they? A. About one yard from it—there is a chair by the side of the canister—I am a porter in the neighbourhood—I was not there every day from the 4th till the 10th.
GUILTY . Aged 25.— Confined One Year.
MR. ELLIS conducted the Prosecution.
JOHANNA CUSHION . I am single, and live in Titchbourne-street, Edgware-road. On the 16th of March the prisoner came to my house to take an apartment—I would not give him a decided answer—I told him another person was after it—he gave me a 5s. piece, and I was to give him 2s. out—the 3s. was for a deposit—I objected to take it, but he urged it—I gave him the 2s.—I asked him his business—he said he was a watch-maker, and his wife an upholstress, and worked at a shop—after I had given him the 2s. change he asked if I would have any objection to his wife washing a day or two in a week—I said yes—he then returned me two shillings—I put them into a drawer, and kept them by themselves—he then went away—the policeman came in an hour or two afterwards, and asked if he could see the money the prisoner had returned to me—I took the two shillings out of the drawer, and
one was bad—I made a cross on it with a pin, and gave it to the policeman—the two shillings I gave the prisoner were good, for anything that I am aware of—I was not aware I had any bad money.
COURT. Q. What did you do with the 5s. piece? A. I returned it to the prisoner, and the two shillings he gave me I took down and put into V drawer in my front kitchen—I did not know but they were my own.
Cross-examined by MR. PAYNE. Q. Where did you take the two shilling from, that you gave the prisoner? A. Out of a little box in the same drawer—no other person had access to that room—there were other shillings in that drawer, but none loose—there were some halfpence loose—I had never seen the prisoner before—I know he is the same man.
WILLIAM COLTON . The prisoner came to my house for an apartment on the 16th of March—I agreed to take him—he wished to leave a deposit, which I rejected as unnecessary, but he pressed it, and I took a 5s. piece of him—I gave him a shilling and two sixpences out—I observed them at the time, and am quite positive they were good—I considered that the bargain was closed—he then wished to know whether I had any objection to his wife washing—I said certainly I had—I gave him back the 5s. piece, and he gave me back a shilling and two sixpences—I put them on the mantel-piece—they were not mixed with any other money—I saw the officer in three or four hours afterwards—I then looked at the shilling and two sixpences—I found them on the mantel-piece—the shilling was bad—I marked it, and gave it to officer.
Cross-examined. Q. Do you mean to swear you looked at the money before you gave it him? A. Yes; I am in the habit of doing so every time I take money out to give anybody, I look to see if it is good—I took this out of my bureau drawer in my private room—I did not put the money he gave me back into the same place I took it from—I did not look at the money I received as well as at what I paid—a lady was waiting for me, and that drew my attention off, or he would not have escaped so easily—I turned my money over in my hand as I left the room, and came into the passage.
WILLIAM WEST (police-constable F 106.) On the 16th of March I saw the prisoner in Long-acre, and followed him—he went to Mrs. Cushion's house—when he came out I followed him again to Mr. Colton's—I afterwards went to those houses, and they gave me some money, which I produce.
SARAH MARIA PROGIR . I live in Sussex-street, and am a widow. The prisoner came to my house on the 19th of March to look at some furnished rooms—my daughter showed them, and then showed him into my parlour—he said the rooms would do, what was the rent—I told him 5s. a week—he said, "Very well," and put me down a crown—he said he lived at No. 9, Russell-street, and his name was Brown—I took out my purse, and gave him half-crown—I had but one, and it was quite good—he then said perhaps I would object to his business—I said, "What is your business?"—he said, "A boot-closer, only a little knocking"—I said, "I must object to that, for I have gentlemen lodgers"—I put the crown towards him, and he gave me back a half-crown—I took it, and kept it in my hand—he said perhaps he could get to work with his brother, and said he would return at six o'clock, and tell me whether his brother would let him work with him—when I shut the door after him I looked in my hand, and discovered the half-crown was a bad one—I laid it on my kitchen dresser, and gave it up for lost—I afterwards
gave it to Harden, the policeman—I examined my half-crown—I had taken bad money, and was very particular in what I took lately.
Cross-examined. Q. Were there other persons in the kitchen? A. Only my son and daughter—I did not mark it before I put it in the kitchen—it was not moved—I was there all the time—I take my meals in the kitchen.
GUILTY . Aged 26.— Confined Two Years.
MR. ELLIS conducted the Prosecution.
EMMA FOSSETT . I am single, and am a tobacconist, at No. 7, Sidney-street, City-road—my sister lives with me—on Friday the 27th of March the prisoner came for half an ounce of common tobacco—it came to 1 1/2 d.—he offered me a shilling—I gave him change, and he took it away with the tobacco—I placed the shilling on a ledge over the till, where there was no other money—I looked at it again very soon, but I did not ascertain it was bad—I took it up in the course of an hour—I had not mixed it with any other money—I thought it looked peculiar, and I placed a mark on it—I then put it on the mantel-piece in the parlour—the next morning I took it in mistake for another, to go to a shop to purchase a trifling article—I then found it was bad—I looked at it and found it was the same shilling I had marked—I took it back, placed it in a vase, and it remained there till Saturday night, when I marked it again and gave it to Garling.
Prisoner. Q. Did you not remark when I was standing in your shop, on Tuesday, that your sister was gone a long while? A. Yes—but I knew what she had gone for—we had agreed that if you came again a policeman should be fetched—we had arranged with the next door neighbour to come in if you came again, and he came instantly—you could not have escaped if you had tried—my sister returned with the policeman—I gave the shilling to him—you offered to give me a good shilling for the second shilling you passed—after you had been searched in the parlour, the police officer said it was necessary you should be conveyed before the Magistrate, to see if you were known—I certainly said I did not wish to press the case—the officer has not urged me to prosecute—I do not remember his being reprimanded by the Magistrate's clerk, and by Waddington the jailor, for standing behind me to prompt me to give evidence—he did not tell me to say that you asked me to give you the counterfeit shilling when you offered me a good one—nor tell me between the first and the second examinations that it was necessary to mark the shilling—it was marked by me—I took it on the Friday and showed it to the officer on the Saturday evening—he told me to mark it—I had not first put it in the till—I put it outside—it remained nearly an hour and it was then marked—I was suspicious of it, but did not try it for nearly an hour—I endeavoured to pass it at an oil shop—I said there was a small spot on it—I took it by mistake to buy a small article—I took another counterfeit shilling not five minutes after I took yours—I was suspicious of that—I did not try either of them immediately—I do not know that I should know the person who passed the other counterfeit shilling—if he had come in the shop and offered another shilling I would have sent for an officer and produced the other shilling against him—I gave the other shilling away—I should not have sworn to one
man passing two shillings—I never said if you were not the man who passed the shilling, you very much resembled him.
MR. ELLIS. Q. The prisoner came again on the 31st of March? A. Yes—I sat in the parlour—he asked my sister for half an ounce of the best tobacco.
ELIZABETH FOSSETT . I am the sister of Emma Fossett. On the evening of the 27th of March I saw the prisoner in the shop—I sat in the parlour—the minute he had gone out of the shop I went in and saw a bad shilling on the ledge over the till—it was laid aside by itself—I tried it with my teeth and found it was bad—I bit it in such a way that I should know it again—I am quite certain he is the person—on the 31st of March between seven and eight o'clock in the evening, he came into the shop again—I was sitting in the parlour—I went into the shop to serve him, he asked for half an ounce of the best tobacco—he gave me a bad shilling—my sister came into the shop and told me there was change wanting—I went out to fetch a policeman—that had been settled between us—I kept the shilling in my hand—I gave it to the policeman when he returned with me to the shop, in ten minutes.
Prisoner. Q. How long was it after you say I passed the first shilling, before the other man passed another shilling? A. Not more than five minutes—I found that was bad directly—my sister gave it to a friend—the policeman did not stand behind me at the police-court—he was not checked for prompting me, nor ordered away—I have no recollection that Waddington checked him.
DENNIS UFF (police-constable G 229.) I was called by Elizabeth Fossett on the 31st of March—I took the prisoner and received this shilling which she said he had tried to pass for some tobacco—I searched the prisoner—he had one good shilling and a penny on him, a tea spoon and a tobacco-box—Elizabeth Fossett said he was the person who passed the shilling on the 27th.
Prisoner's Defence. I have been from the age of nineteen on board a man of war. On the 31st of March I saw two gentlemen holding a portmanteau in Trafalgar-square; I offered to carry it, and carried it to London-bridge terminus; as it was a fine day the gentleman preferred walking; he gave me 2s.; when I got to Miss Fossett's shop in the City-road I went in to purchase half an ounce of tobacco, and she fetched a policeman; if I was in the shop on the previous occasion I have no knowledge of it; as to any guilty knowledge of the shilling being bad it is quite false; I am an innocent man.
GUILTY.— Confined Six Months.
MR. ELLIS conducted the Prosecution.
JANE EDGECOMBE . I am the wife of James Edgecombe. On the 1st of April I was at my daughter's, who keeps a tobacconist's shop at Bays-water—the prisoner came there for a pennyworth of tobacco—I served her—she laid down a bad shilling on the counter—I took it up, and said, "This is a bad one"—she said she had just taken it at the Black Lion, which is
close by—I said, "I will go there with you"—I went with her to the bottom of Moscow-row—the Black Lion is then to the right, but she went to the left—I said, "This is the way"—she said, "No, this is the way"—I said, "I know the way better than that"—she still went on till she came to the fields—she there saw a man standing with his back against the rails—she came up and spoke to him—she went on and he followed her—I followed them till I saw a man—I said, "Are you a constable?"—he said, "Yes"—I said, "Here is a charge for you, a person has given me a bad shilling"—I had bitten the shilling on the right side of the crown, and had kept it in my hand separate from all other silver—I had no other—I gave it to the officer—on the 7th of May I was sent for to the station—I received the shilling from an officer—this is it—I am certain this is the one the prisoner gave me—I bit it in several places, but the deepest mark I made is on the right side of the crown.
WILLIAM HATFIELD (police-constable D 200.) On the night of the 1st of April I saw the witness in Porchester-gardens, Bayswater—the prisoner was there, but there was nobody else in my sight—Edgecumbe gave the prisonet in charge, and stated in her hearing what the charge was—I told the prisoner she must go with me to the station—she said, "Very well"—she ran off—I took her, and took her to the station—the witness gave me a shilling—I bit it and bent it, and gave it to the inspector, Mr. Wiggins—this is it.
PETER GRAY . I am a greengrocer, and live in Marylebone-lane. The prisoner came on the 1st of May, about half-past nine o'clock in the evening—she bought three pounds of potatoes for 2d.—I put them into her apron—she gave me a half-crown—I said I did not like it—she said, "I just took it in Bond-street"—I said, "You must go back again: I shall not return this half-crown"—she was going out, an officer was passing, and he took her—I marked the half-crown and gave it him.
JOHN DAFTER (police-constable D 215.) On the 1st of May I was passing Mr. Gray's house—he said, "This woman attempted to pass this bad half-crown"—the prisoner was then leaving the shop—she was going in the direction of Oxford-street—she was walking at first, and then she began running—I got this half-crown from Mr. Gray—the prisoner told me she took it in Bond-street for singing, and did not know it was bad—she had a 4d. piece and a duplicate upon her.
Prisoner's Defence. I went out singing: a man came and asked if I would have something to drink—he went into a house, and when we came out I went to a house with him, and he gave me the shilling; I went to the shop for tobacco, and she gave me in charge; she did not come against me, and next morning I was let go; I got the half-crown at a house in Bond-street, where I go singing songs every other night; I offered it, and the man said it was bad: I went out, and had got very nearly home, when the policeman took me.
GUILTY . Aged 21.— Confined One Month.
MR. ELLIS conducted the Prosecution.
MARTHA FENTON . I am the wife of George Fenton, he keeps the Crown and Grapes in Newport-street, Newport-market. On the 5th of April, the prisoner came in company with some other man, between five and six o'clock—I
served him with a glass of rum and water, it came to Ad.—he gave me a shilling, I gave him a sixpence and 2d.—he afterwards asked for a cigar—he paid me for that with another shilling, and I gave him 11d.—I afterwards sold him another cigar, and he paid for it with a shilling—I gave him 11d. again—that was between six and seven o'clock—he had been in and out of the house—I cannot say how many halfpence I gave him—I gave him a four-penny piece once—the second time I gave him a sixpence and 5d.—I put the three shillings into the till—I had no other shilling there—about half-an-hour after the prisoner was gone, between seven and eight o'clock, I had suspicion, and went and looked in the till, and I said to my husband, "I have taken three bad shillings"—I took them out of the till, and put them into a separate place in the back of the drawer—there was no other shilling there—the next morning my husband looked amongst his own money, and he found two other bad shillings—he put them with the other three which I had put into the drawer—these five remained together—I afterwards put a cross on them, and the officer marked them at the police station—the officer came on the Saturday afternoon, and I gave them to him—I found them in the same place where they had been put, and separate from any other money—on Saturday, the 11th of April, the prisoner came again, he had 1 1/2 d. worth of gin, and 1 1/2 d. worth of spruce—he put down a half-crown on the counter—I thought it looked a good one—I put it in the till, and gave him 2s. 3d. change—there were two new Victoria half-crowns in the till, and the one he gave me was an old half-crown of George the Third—I have it here—Mr. M'Kaskie brought me in half a pound of tobacco, and he saw the half-crown on the counter, and said he thought it was bad—the prisoner went away, and in ten minutes he brought the prisoner in and said, "You have given this young man a bad half-crown"—I said, "No, he has given me one"—he said, "Was that the one on the counter?"—I said, "Yes"—he said, "Here is another bad one"—I showed the one the prisoner gave me to Mr. M'Kaskie, and he sentfor a policeman—I gave the half-crown to the policeman, and he gave it me back—I went to Vine-street police station—I showed the half-crown there, and it was marked there.
Cross-examined by MR. PAYNE. Q. How long had you known the prisoner? A. Not long—there were several persons in the bar on Sunday afternoon, the 5th April, when the prisoner was there—there was no one in the other parts of the house—it was between four and five o'clock when I first saw the prisoner that Sunday—I cannot say when he went away—I cannot say whether the prisoner had been in the house several times between the 5th and the 11th—I did not accuse anybody else of having uttered these three shillings—I have not taken any money from the prisoner's mother—she came and offered to give me some money, and said she would make it up to me, if I would not go against him—I told her I could not do anything in it—she offered me half-a-crown—I will swear I have not taken her wedding ring—nothing was said about it—on Saturday, the 11th, when the prisoner came in, a young man came in, and the prisoner treated him to a glass of gin and spruce—the prisoner wanted change for a sovereign—I could not give it him—I sent my lad to get change for it—I cannot say whether it was out of that change that the prisoner paid me the half-crown for the gin.
COURT. Q. You sent for change for a sovereign? A. Yes—the change was not given to me—I never had it in my hand—I cannot say how many half-crowns he received.
MR. ELLIS. Q. You sent your boy for change? A. Yes—and the prisoner afterwards gave me a bad half-crown.
JOSEPH M'KASKIE . I am a cigar dealer, and live in Ryder's—court, Leices. ter-square. On the afternoon of the 11th of April, the prisoner came to my house and purchased a cheroot—he gave me a bad half—crown—I saw directly it was laid down that it was bad, and said so—he said "I received it from the public—house"—I said, "Let us mark it, that you should not lose by it—I shall go with you there and tell them"—I marked it, and went with him to Mr. Fenton's public—house—I said to Mrs. Fenton, "Did you give him this bad half—crown," she said, "I have just received one from him"—I said, "I know it"—I had been in the public—house before, and saw the prisoner before the counter, and saw a bad half—crown on the counter—it was a very bad impresssion, like the one he gave me, but I saw Mrs. Fenton put it into the till, and I thought perhaps I might be mistaken—I went away to my own place, and in about ten minutes the prisoner came and put this bad half—crown on my counter, and said "Give me a cheroot"—he had a 6d. in his pocket, and small money to have paid me—he gave Mrs. Fenton a good half—crown for the bad one, and he said, "I will pay all you have lost by me if you do not give me in charge." Cross-examined. Q. Did he say for the five shillings taken on the Sunday? A. Yes—he said whatever he had passed, rather than be taken.
GEORGE MONK (police-constable C 161.) I took the prisoner—I found on him ten shillings, four sixpences, one fourpenny—piece, three pence, and two farthings, all good—I found no bad money on him—I produce the five counterfeit shillings.
(The prisoner received a good character.)
GUILTY . Aged 20.— Confined One Year.
JAMBS MORLAND . I live at Botwell, in the parish of Hayes—I am horse-keeper to Mr. Shackle. On the 11th of May, between seven and eight o'clock, I fastened the door of his stable at Botwell—there is a corn—bin in the stable—there was some oats, beans, and pollard mixed in it for the use of the horses—about three in the morning I was called by the policeman—I went to the stable, and about half the mixture was gone—I have seen some mixed food in the hands of the policeman—it is mixed in the same manner as what I missed, and it agreed in quantity and quality.
RICHARD SHEPHERD (police-constable T 82.) I was on duty about three o'clock in the morning on the 12th of May—I met the prisoner within twenty or thirty yards of Mr. Shackle's stable, with a sack on his shoulder—I asked what he had got—he said chaff that he had brought from a stable—I took him back to Mr. Shackle's stable—he entered the stable, and said he got it from the corn—bin there—I asked him if any person there gave it him—he said, "No"—I called Morland up, and showed him the mixture—the prisoner refused to say where he was going to take it.
Cross-examined by MR. HORRY. Q. How far is this from the water-side? A. It is close to the water—side—he was coming in a direction from the stable—I saw him come out of the gate, from the premises, with the sack on his back—(looking at his deposition)—I did not say so to the Magistrate, but I saw it—he was coming from the stable towards where his boat lay—he did not say he found the sack in the road.
EDWARD SHACKLE . I live at Botwell. I have one partner—I have examined the mixed corn in my corn-bio, and I have examined the contents of the sack—they appear to be a mixture of the same degree and quality—it is white and black oats, split-beans, and pollard—they correspond so exactly, that they satisfy me they are part of the same bulk—the gate where the policeman stopped the prisoner, is not more than ten yards from my premises. (The prisoner received a good character.)
GUILTY. Aged 46.—Recommended to mercy by the Jury, — Confined Three Months.
NEW COURT.—Saturday, May 16th, 1846.
Seventh Jury, before Mr. Common Sergeant.
GUILTY , Aged 19.— Confined One Year.
GUILTY . Aged 25.— Confined Three Months.
NATHANIEL MARCHANT . I am a boot-maker, and live in Collingwood street, Shoreditch. About eleven o'clock at night, on the 4th of April, I was walking in Shoreditch—I felt a tug at my coat pocket behind—I turned round, and saw the prisoner and another person walking away from me—I put my hand into my pocket, and my handkerchief was gone—I walked after them, and saw the prisoner pass a handkerchief like mine to his companion—I laid hold of the prisoner—he struggled, but I kept him till the officer came—his companion ran away.
GUILTY . ** Aged 19.— Confined Six Months.
WILLIAM WEST (police-constable F 106.) About half-past eleven o'clock at night, on the 21st of March, I was in Brydges-street—I saw the two prisoners standing opposite the entrance of the theatre—I saw a gentleman come out of the theatre, and they closed up behind him—Zugg took this handkerchief from his pocket—I secured Zugg, and took the handkerchief from his breeches' pocket—Leslie ran away, and the gentleman got away—I have not been able to find out his name.
Cross-examined by MR. DOANE. Q. The theatre was not over? A. No—I was about two yards from them when Zugg took the handkerchief.
COURT. Q. Had you seen them together before? A. Yes, many a time—I knew them to be associates—I had seen them together for about ten minutes that night.
ZUGG— GUILTY . Aged 20.— Transported for Ten Years.
LESLIE— GUILTY . Aged 19.— Confined Six Months.
Cross-examined by MR. BALLANTINE. Q. What is there by which you know it? A. I have had it in my hands repeatedly for five years.
Cross-examined. Q. What do you know it by? A. By this small speck which is on it.
GUILTY . Aged 30.— Confined Three Months.
JAMES DREW . I keep a shop in King-street, Hammersmith-the prisoner lodged at my house—on the 25th of April, I marked two half-crowns and two shillings, and left them on the table in my bed-room, at quarter before eight o'clock in the morning—I went, and missed them at twenty minutes before pine—I got an officer-the prisoner was taken, and searched-the marked half-crowns and shillings were found on her-these are them.
Prisoner's Defence. I am charged with taking from Mr. Drew, 1s.; his bed-room door was locked, and he had the key in his pocket; I had left my situation at Mr. Green's at Hammersmith, on the 13th of April—he paid me a sovereign and 5s., the balance of my wages: I changed my sovereign at Mrs. Peel's, at Hammersmith, and bought a bonnet for 4s. 6d.; she gave me a half-sovereign and 5s. 6d.; I then had 10s. in silver; I went to lodge at Mr. Drew's: I paid for my week's lodging the night I went, 2s.; I was there eight days: the morning before I was taken, I was going to pay Mrs. Drew for my breakfast, with the half-sovereign, and she saw it in my hand: she told me not to change, but pay it in the morning; I then went to Shepherd's-bush, and as I came back, I went into the Hop Pole, and changed my half-sovereign: I paid Mrs. Drew with a shilling and two sixpences; I laid out 10 1/2 d.; I then had 8s. 1 1/2 d. remaining, and Mr. Drew said 7s. were his, but I am not guilty of what I am charged with.
HENRY MOUNT (police-constable T 29.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 7th July, 1845, and confined four months)—the prisoner is the person—she has lately been living in a situation where they have lost a great many things.
GUILTY . Aged 38.— Transported for Seven Years.
MARY ANN BRIMSON . I am seven years old-if I tell a story I shall go to hell-fire—on the 11th of April I was sitting at our street-door, and saw a man go by me-I thought he was going up stairs to the lodgers, but I saw him afterwards come out of the parlour with one decanter under his arm, and one in his hand—I did not see his hand in his pocket-the decanters were
my mother's—I opened the parlour door, and saw the decanters were gone—my mother was half down the passage—I said, "Mother, that man has got your decanters"—she ran after him—I did not see his face—the prisoner is like the man.
Cross-examined by MR. PAYNE. Q. You do not know that he is the man? A. No—my mother was in the back-room.
MARY ANN BRIMSON . I am the wife of William Brimson—I was in the back parlour on the 11th of April—I heard the front parlour door shut, and my little girl informed me a man had got our decanters—the prisoner was then three or four doors off—she pointed him out, and I pursued him through a public-house which leads into Baldwin-street—I saw him throw something down near the skittle-ground, and I heard the glass break as he threw it—he was taken and brought back—he had these spoons when he was brought back—he threw down this coat and trowsers—they are my husband's.
Cross-examined. Q. Did you look into the parlour before you went out? A. Yes—when I got out the prisoner looked round, and saw me—I had a baby in my arms—I ran after him—when he came back, I saw him take the spoons out of his pocket, and put them down.
GEORGE CAMPBELL (police-constable N 345.) I took the prisoner—I saw him take the spoons out of one pocket, and put them into another—when be got back to Mrs. Brimson's, she asked him to walk in—he put the spoons down there, but I did not see him.
Cross-examined. Q. Did you see him take them from one pocket, and put them in another? A. Yes—I could not take hold of them, as he was struggling very violently at the time—Mrs. Brimson said, she would not give him in charge, as she had lost nothing.
GUILTY. Aged 22.—Recommended to mercy. — Confined Four Months.
MARY ANN CHATBURN . I am a widow, and reside at Mornington-house, Chiswick—the prisoner was my cook for five weeks, and Fardell was my housemaid—(see the next case)—on the 13th of April I went with Allen to the servants' bed-room—I found nothing in the prisoner's box, but in a tea-caddy or desk I found a duplicate—I found this thimble in her pocket, and two keys which had formed part of the contents of a bag which had been lost—I think this handkerchief was found in her pocket—this and the thimble are mine.
Cross-examined by MR. DOANE. Q. Is this your handkerchief? A. It belongs to a pupil of mine, who is nine years old—I bought it for him—the foul linen was kept in a room adjoining the prisoner's—I do not know that there was a handkerchief of hers found there—I did not examine the dirtylinen afterwards.
NOT GUILTY .
MARY ANN CHATBURN . The prisoner was my housemaid—she is the niece of Evans, the last prisoner—I lost many things, and, amongst them, four handkerchiefs and a pair of gloves—they were found in the prisoner's box, and are mine—when she was charged she said she did not know anything
about them, but when the officer opened her box she took some of these out and put them down by the side of it—she said her aunt had given her a pencil-case of mine to pawn, and she was not guilty of anything else—I cannot say whether her aunt had access to her box—they slept in the same room.
NOT GUILTY .
WILLIAM COULTON . I am foreman to Mr. William Cubitt and others, in Gray's Inn-road. Botsford was their store-keeper, and a watchman, on Sundays and at other times—in consequence of circumstances, I concealed myself on the 19th of April in one of the rooms of the Privy Council-office in Downing. street—about seven o'clock in the morning I saw Botsford unlock the door—Edwards and he went in—they were there some time—I then saw Edwards come out—I went round to a passage leading to the Treasury, and the officer had both the prisoners in custody—this lead was found on Edwards—we had such lead on the premises in the place they went into—it was locked up, and Botsford had the key.
ALEXANDER PAUL (police-constable A 182.) I was watching at the premises about a quarter past seven o'clock that morning—I saw Edwards come out, followed by Botsford—Edwards was making the best of his way through the Treasury passage to St. Jaraes's-park—I asked what he had been doing in those premises—he said he had been in to look for his knife—I found this lead inside his trowsers.
Cross-examined by MR. PAYNE. Q. Is it possible to carry such a piece of lead as this inside his trowsers? A. He did—he had a body-belt buckled round him—it was fastened to that.
(The prisoners received good characters.)
BOTSFORD— GUILTY . Aged 43.— Confined Nine Months.
EDWARDS— GUILTY . Aged 31.— Confined Four Months.
MARY WOODYER . I am in the service of Colonel Philip Brewer, of Pem-broke-square, Kensington. I had a pair of sheets of his on the line to dry on the 13th of April—I missed them at a quarter past nine o'clock—these are them.
Cross-examined by MR. MELLOR. Q. Are they marked? A. No—I know them by being my young mistress's work—I saw her hemming them—I can swear to them by the needle-work, and I have another sheet of the same piece of sheeting—the same person hemmed them both—I should be able to pick out a handkerchief of her hemming from two or three dozen others—I saw these sheets safe between six and seven o'clock, and missed them at a quarter past nine.
COURT. Q. Do the sheets correspond in fineness and size, and in every other respect? A. Yes.
Cross-examined. Q. How far was that from the prosecutor's? A. It
might be twenty yards—it was rather dark—there were gas-lights—they passed me, and I passed them—these sheets were in the garden, which is inclosed with high walls—the prosecutor's house is in a row—the backs of all those houses look down on the garden—the prisoners were in light-coloured dresses, and had caps on—I can swear they are the persons.
WILLIAM TRIGGS (police-constable T 96.) About ten minutes to nine o'clock that night I saw the two prisoners in a lane leading to Pembroke-square—I saw something white in Burke's arms—as I approached them Elkins ran away, but I could see plainly who he was—Burke dropped these sheets, and ran about thirty yards before I caught him.
ELKINS— GUILTY . Aged 21.
BURKE— GUILTY . Aged 18.
Transported for Seven Years.
JOSEPH O'BRIEN . On the 7th of April I was in the service of Sarah Ann Niven—she keeps a shoe-warehouse in Whitechapel—about five o'clock that afternoon I was standing at the door—I saw the two prisoners and another person walk past the shop two or three times—I was called in to tea, and Briant and the other person came in—Briant took a pair of shoes off the nail, and ran towards the City—I did not see Owen when Briant took the shoes, but he had been with him before—in about ten minutes both the prisoners came past together, and were taken into custody.
JOHN PETER GREENWOOD . I am in the service of Sarah Ann Niven, of High-street, whitecnaper. I was inside the shop, cleaning a boot—I saw Briant rub his hand against the window once or twice, and he was looking at the boots—he soon after brought another lad, smaller than himself, who was smoking a cigar—they looked through the window—I watched them—I then saw Briant untwist a pair of shoes—he ran off, and dropped them about three yards from the door—I saw Owen about twenty yards from the shop, by a gateway—he was within sight of the shop, and was watching.
Cross-examined by MR. PAYNE. Q. Briant had not anything when he joined Owen? A. No—he did not join him till after the shoes had been thrown down—they then walked away—I was asked at the station whether Owen was the person—I hesitated some time, and then said, "Yes'—I had never seen him before—I picked up the shoes, and went into the shop—I had no doubt about Owen.
BRIANT— GUILTY . Aged 16.— Confined Three Months.
OWEN— GUILTY . Aged 22.— Transported for Seven Years.
22nd of April I had a table belonging to me at my father's shop, in Old-street, on the pavement in front of the shop—my father came and told me something—I found my table at Nurthin's—this is it.
Prisoner. I bought it in the morning for 1s. 1d.; I had it about ten minutes in my possession.
GUILTY . Aged 19.— Confined One Year.
EDWARD BODEN . I am a gun-maker, and live in York-street, Mile-end Old-town. The prisoner is my step-son—he was at my house on the 21st of April, and I missed this pair of boots—he had no business with them.
HYACINTH CLARK (police-constable H 149.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 18th Aug. 1845, having been before convicted, and confined six months)—he is the Person.
GUILTY . Aged 17.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
JOHN CRAFT . I live at Knightsbridge-terrace, and am a cheesemonger. I have a friend of the name of Smith, who has assisted me—the prisoner has been in my service ever since I began business, which is five or six weeks—on the 1st of May, about eight o'clock in the evening, I asked the prisoner to go into the cellar with me to look at some butter and cheese—that had been previously arranged with Mr. Smith—nothing was discovered then—about an hour afterwards, at near nine o'clock, I saw the prisoner do something with his hat—I then asked him to go again into the cellar—when we came back Mr. Smith communicated something to me—in eight or ten minutes after, the prisoner left my premises—he was brought back by a policeman—he took off his hat, took two lumps of butter out of it, and asked me to forgive him—they were not entire rolls, they were worth about 2s. 4d.
Cross-examined by MR. PRBNDBRGAST. Q. Have you got them here? A. No, they were given up, being perishable—Mr. Smith is my cashier, and he is a friend—I do not pay him a salary—he has no share in the business—he is no relation—persons who buy at my shop pay the cashier—the shopman does not take money—there are books kept—I make entries in the books—we all make entries.
JAMBS SMITH . I am a friend of Mr. Craft's—I have been assisting him in his new concern—I made an arrangement with him, on the 1st day of May, to take the prisoner in the cellar—I looked in the prisoner's hat, and found nothing—they went down a second time—I then looked in the prisoner's hat and found two lumps of butter covered with a handkerchief—he left soon
afterwards, and was brought back by the officer—I saw him produce the two lumps of butter from his hat, and ask forgiveness.
Cross-examined. Q. This young man had been in a butter-shop before? A. I should say he was well acquainted with the business—I believe he was called the butter-man—his hat was placed under the counter—I do not profess to have seen him put anything in his hat—I saw him put his hat on his head—he did not manage that very easily—the butter I suppose expanded, for the hat seemed to rise up—he gave it a knock on the top.
GKORGE ADAMS (police-constable B 55.) I received directions to watch the prisoner—I saw him come out of the shop, and took him after he had got a little distance—I took him back to the shop and told him what he was eharged with—he took his hat of, took the butter out, and asked bis master's forgiveness.
Cross-examined. Q. Did you ask what he had in his hat? A. No—when he took off his hat, there was a handkerchief over the butter.
GUILTY . Aged 27.— Confined Three Months.
SUSANNAH HALL . I am the wife of John Hall, of Orchard-street, Portman-square—he is a coach-plater, and ironmonger—the prisoner worked for him for a short time—he was laying lead on the roof of our house in Orchard-street—my husband provided the lead—the prisoner had a large piece of lead to cut from—when he left work I told Valance to call him back—I said I wanted to speak to him—when he came into the room I said, "So you are a thief, are you?"—I then locked the door, sent for an officer, and gave him in charge—the prisoner took the lead from the belt round his waist before the officer came—it corresponded with my husband's lead.
Cross-examined by MR. BALLANTINE. Q. You found no belt, did you? A. No—he said he had a belt—the spare lead was to be returned—we had not made any agreement about that—we have lead in our business—this lead was taken from the other lead in the workshop—Valance had been in our employ about three years—he is a plater in the shop.
JAMES VALANCE . I work for Mr. Hall—on the 6th of May the prisoner had a job to do on the roof, and Mr. Hall told him to take some lead from the yard—he took some pieces off and doubled them up—he then doubled up another piece and put it by the side of the bench—I told Mrs. Hall—she told me if I saw him take it to watch him—in about ten minutes he came and took the piece of lead into the next shop, and put it under his trowsers—I said, "You are very foolish to do that"—I followed him and told Mrs. Hall—she took him into the parlour—he took the lead from his belt, and said it was the first piece he ever took, and begged her not to give him in charge.
Cross-examined. Q. He saw you? A. He must have seen me—I was not three yards from him.
(The prisoner received a good character.)
GUILTY. Aged 24.—Recommended to mercy by the Jury and Prosecutor — Confined Three Months.
1107. MARGARET BATES was indicted for stealing 1 handkerchief, value 2s. 6d., the goods of Henry Benjamin, her master: and ANN M'CARTHY , for feloniously receiving the same, well knowing it to have been stolen.
MR. BALLANTINE conducted the Prosecution.
DEBORAH BENJAMIN . I am the wife of Henry Benjamin, a blacklead-pencil-maker; he sells new and old silk handkerchiefs; we have lived at No. 9, Field-lane, about twenty-eight years; the prisoner Bates was in my service, on and off, for nearly two years. On the 19th of April I missed some handkerchiefs—I made inquiries of Bates—I was looking over some handkerchiefs, and she said, "What are you looking for?"—I said, "Nothing particular"—I then looked over some more, and missed several—I said, "Margaret, you have robbed me of some handkerchiefs; you are very cruel; you have been robbing the children you pretend to be so fond of"—M'Carthy lived in one of my little houses, at the back of my house—Bates was constantly at M'Carthy's—Bates had the charge of my children—I only kept one servant—when I accused her she said, "The duplicates are at M'Carthy's"—here is a handkerchief which was pawned on the 30th of Jan.—I cannot say when it was in my possession—it belongs to my own children.
Cross-exanined by MR. O'BRIEN. Q. Is there any mark on it? A. No; but I have had it repeatedly come home in my own mangling—it is a very old handkerchief—a great many handkerchiefs pass through my hands, both new and old, but not of one pattern—my husband has had no charge made against him.
DEBORAH BENJAMIN re-examined. This is my handkerchief—Bates constantly took my children to M'Carthy's—I have sent her there—M'Carthy has come for washing to my house—I had not seen this handkerchief for a great while—Bates had access to where it was—M'Carthy had not.
WILLIAM PENNY . I am an inspector of police—I took Bates—she said she was very sorry, and she intended to return the things when her husband sent her some money—I went to M'Carthy's—she gave me some duplicates, but they were wrong ones—I said I wanted some others—she then gave me twenty-six duplicates, nineteen of which were for pocket-handkerchiefs, and one of them was for this handkerchief—it was in April I found these—some of the handkerchiefs have been given up by the pawnbroker.
Bates. Mr. Benjamin's son has given me these handkerchiefs to pawn for washing his linen—he told me not to name it.
Bates. Mrs. Benjamin kept me standing at the door, looking for the policeman, while she had thieves in the house, that they might go out the back way.
BATES— GUILTY .
M'CARTHY— NOT GUILTY .
1108. MARGARET BATES was again indicted for stealing 7 handkerchiefs, value 17s. 6d., the goods of Henry Benjamin, her master: and ANN M'CARTHY , for feloniously receiving the same, well knowing them to have been stolen.
MR. BALLANTINE conducted the Prosecution.
DEBORAH BENJAMIN . These seven handkerchiefs are mine—I had seen these two safe on the Thursday before Bates was given into custody, because I had refused money for them—I had not any more of them in the house—I missed these one Sunday morning—Bates must have had a key to get these—M'Carthy had no access to them—here are nineteen handkerchiefs in all—this is one which I run myself—I had never sold it.
Cross-examined by MR. O'BRIEN. Q. You have a large stock? A. Not very large—I can swear to three out of these seven—one of them is my own little boy's.
WILLIAM PENNY . I am an inspector of police. I went to M'Carthy's—she gave me some wrong duplicates—she then went to a box, and took out twenty-eight duplicates, and gave me—nineteen of them are for handkerchiefs—I then went to the box, and found six more handkerchiefs—she said at the station that she had received them from Bates to pawn, and Bates said she intended to redeem them as soon as her husband remitted her some money.
Cross-examined. Q. She gave you the duplicates of nineteen? A. Yet—there were thirty-four handkerchiefs in all—I went to the pawnbrokers, and found twenty out of the thirty-four.
Cross-examined. Q. When were they pawned? A. At various times from the 23rd of Jan. till the 2nd of March—she has been constantly pawning handkerchiefs.
BATES— GUILTY . Aged 32.
M'CARTHY— GUILTY . Aged 35.
Confined Six Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 20.— Confined Three Months.
GUILTY . Aged 22.— Confined One Year.
1112. ARTHUR GARDNER was indicted for stealing 25 printed books, value 4l. 12s.; 1 waistcoat, 4s.; 6 handkerchiefs, 10s.; 1 scarf, 3s.; 17 knives, 1l. 18s.; 24 forks, 5l. 18s.; 2 pairs of trowsers, 10s.; 16 spoons, 9l.; 1 ladle, 30s.; 2 pairs of nut-crackers, 10s.; 1 ring, 10s.; 2 decanter-stands, 1l.; 1 spoon, 10s.; 3 forks, 3l.; 12 knives, 2l.; and 1 fork, 10s., the goods of Ezra Jenks Coates, his master; to which he pleaded
GUILTY. Aged 23.—Recommended to mercy. — Confined Four Months.
1113. BENJAMIN BENNETT was indicted for stealing 4 shirts, value 16s.; 7 pairs of drawers, 18s.; 1 dressing-gown, 4s.; 1 pair of stockings, 2s.; 1 flannel-shirt, 3s.; 1 pair of shoes, 3s.; 4 handkerchiefs, 8s.; 8 pairs of trowsers, K; 1 pair of boots, 8s.; 4 waistcoats, 16s.; 1 pair of breeches, 5s.; and 1 sword and sheath, 8s., the goods of Robert Keeley, his master.
ROBERT KEELEY . I am in partnership with one other gentleman: we are lessees of the Lyceum theatre—the articles named in this indictment were my own—I have seen them in my possession at various times when I have had occasion to use them—(looking at them)—these are all my property.
Cross-examined by MR. BALLANTINE. Q. They do not belong to the theatre? A. No—the prisoner was my dresser—from circumstances which have come to my knowledge, I believe these articles had been pawned before, and redeemed—I took the prisoner at a low salary out of charity—this charge has arisen from the officer going to the prisoner's apartments—I have found the duplicates for everything that had been pawned.
Cross-examined. Q. Has he redeemed things at different times? A. Yes, very often—he raised about 5l. upon these things.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY. Aged 24.—Recommended to mercy. — Confined Six Days.
NANCY LEVY . I am the wife of David Levy; we live in North-row, Covent Garden-market—On the 28th of April the prisoner came there—she went first to a lady who came to me, and the prisoner said she came from Worcestershire up to London-bridge, and she was to meet a lady who was to take her to service, but she waited there and no one came—I agreed to take her at 1s. 6d. a-week first, and to raise it afterwards—she went out for some sugar, and as she was going, a man said she had got a bundle—I watched to see where she went—she looked back and saw me—I went and took her, and this printed cotton dropped from her—I charged her with stealing it—she said it was her own, and that I gave it her—I had not given it her—it is mine.
Prisoner. She did give it me: she sent for my clothes, and they did not come, and she gave me this; she quarrelled with me on Monday because I had not got the dinner ready: I had not been in London more than a week; a person sent for me, and said she would give me a situation: I came up by the train from Worcester to London: I had very little money: I did not like the ways of my master; he was very forward with me, and I complained to my mistress. Witness. She made no complaint to me—she had no money when she came to me—I took her out of charity—she was only with me four days.
Prisoner. My mistress gave me a cap and flowers, and a border, and she put this print in my bed-room.
NANCY LEVY re-examined. I did put it in her bed-room—I have a shop to mind—the dress-maker was coming to call for it, and I said, "Mary, when this dress is called for, bring it down to me"—as I could not leave the shop—I gave her a cap, as she had not a decent thing to put on.
NOT GUILTY .
1115. JOHN SCULLY was indicted for stealing 1 quadrant and case, value 1l., the goods of Richard Aylward; 2 pictures, 10s.: and 1 dish, 2d.; the goods of William Howard Smith, in a vessel on the navigable river Thames.
EDWARD WILLIAMS . I am master of the Brig Alfred, which is on the Thames. On the 30th of April, about half-past four o'clock in the morning, I saw the prisoner and another person in a boat as I came up the river—I asked the other to give me a lift past a rope, which he did—I then saw the prisoner and him go on board the Sprightly, and go down into the cabin—they then came on deck, and went over to the next ship—I saw the one who has escaped, on the larboard-bow, with a bundle, which he lowered down with a rope to the prisoner in the boat.
Prisoner. Q. Did you see me on board? A. I did.
RICHARD AYLWARD . I am mate of the Sprightly. This quadrant, and some pictures were on board—I saw them safe on the evening before, and missed them on the morning of the 30th of April—this is the quadrant—it if mine—these pictures belonged to William Howard Smith.
Prisoner's Defence. I know nothing about the things; I went over the barges, and saw the man in the boat—he told me to make the rope Cast for him.
GUILTY . *** Aged 18.— Transported for Ten Years.
HONORA MALONEY . I am the wife of Michael Maloney—we live in Temple-buildings. The prisoner was my servant—I left her in care of jay place—I missed a pillow and several other things, which have not been found—these are the flannel, the blanket, and the pillow—they are mine—I gave the prisoner in charge.
GUILTY . Aged 51.— Confined Four Months.
Prisoner. I found it under-the water-closet, and I thought I had leave to sell it.
WILLIAM TAPLIN (City police-constable, No. 85.) I found this grating on the prisoner at twenty minutes past seven o'clock in the morning, on the 28th of April—he said he was going to, carry it to his master—I followed him some distance before I stopped him.
Prisoner. I told him I brought it from where I was at work.
GUILTY . Aged 37.— Confined Three Months.
GUILTY . Aged 22.— Confined Six Months
(There was another indictment against the prisoner.)
NEW COURT.—Monday, May 18th, 1846.
Eighth Jury, before Edward Bullock, Esq.
GUILTY .— Confined Twelve Months.
1120. ELLEN WHITE was indicted for stealing 2 metal cocks, value 8s.; 1/2 a yard of printed cotton, 1s. 3d.; 1 handkerchief, 3s.; 1/2lb. weight of mustard, 8d.; 1lb. weight of cheese, 8d.; 1/2lb. weight of butter, 6d.; and 1/2lb. weight of flour, 3d.; the goods of Richard John Moscrop, her master.
ELIZABETH MOSCROP . I am the wife of Richard John Moscrop, of the Green Man public-house, in Covent Garden-market. The prisoner was our charwoman—on the 18th of April she had been employed, and about four o'clock that afternoon I saw her leave the house to go home—she appeared much stouter than usual—I said to her, "I think you have some things belonging to me about you, I must see"—she said she had not—I took her into the bar, and I said, "I must see the contents of your pocket"—she then produced some butter and cheese—I said that was not all—she then pulled out these two brass taps—I sent for Mr. Moore, and I saw some starch and a scarf taken from her—these taps are my husband's, and this scarf is my son's—he is eighteen years old—he lives with us, and his father supplies him with clothes.
RICHARD MOORE . I am beadle of Covent-garden. I was sent for on the 18th of April to the Green Man—I found the prisoner there—in taking her to the station she told me the servant had given her the other things, and the taps she had found—the person who searched her at the station-house, produced, in her presence, this piece of cotton, a silk handkerchief, and a piece of cheese—she said there that the servant had given her all these other things.
Prisoner. I found one of these taps under the dresser, and the other in some dirt; I did not know they were of any value, or I should not have taken them.
GUILTY. Aged 32.—Recommended to mercy. — Confined Two Months.
1121. CATHARINE DIVATT was indicted for stealing 1 watch, value 6l.; and 1 watch-chain, 2l.; the goods of John Bridges Hall, in his dwelling-house: and ANTHONY DIVATT , for feloniously receiving the same, wellknowing them to have been stolen; against the Statute, &c.
JOHN BRIDGES HALL . I keep a lodging-house in George-street, St. Giles's—I live there. Catharine Divatt had been employed by me a little time, as a char-woman, but she was put off on the 25th of April—on the 26th of April, between two and three o'clock in the afternoon, she came to my house—I think she was sober—I was up stairs on the bed, and had dozed off to sleep—she came up, and hit the door against the bed, and awoke me—I saw her in the room—I said, "If you don't go down stairs I will kick you out"—she shut the door and went off—in three or four minutes afterwards I got up to see what time it was, and missed my watch and chain from off the table—I
went after her to every public-house in the neighbourhood—I asked the policeman to walk with me, and I found both the prisoners in King-street—before I came to them I saw Anthony Divatt make a motion to Catharine Divatt, and he said something to her—I came up, and gave her in charge to the policeman—Anthony Divatt ran off—I went and caught him—when they were at the station Anthony Divatt said, "It is correct, Master Hall, I have got your watch; she gave it me"—he gave me the watch—this is it.
Catharine Divatt. Q. Did you see me taking this watch? A. I did not see you take it—I saw you in the room.
Anthony Divatt. Q. Did you ever see me go into your house? A. I have seen you in the house when Catharine has been there—you did not say you were going to give the watch up—there was a murder committed in my house, No. 11, last year—I keep No. 9 and No. 10—they are houses of ill-fame—I shall give them up at Midsummer.
Catharine Divatt. You threatened to kick a poor young woman out—she dropped her money, and she came the next day, and you took the handkerchief off her neck. Witness. I never kicked a woman out—I might threaten to kick her out.
JURY. Q. Do any females lodge in your house? A. Yes, several—there are some small cottages through the house, which I let to four or five single girls—I have not a lodger that brings any one home.
THOMAS WHITTAM (police-constable E 137.) I was on duty in Georgt-street, on the 26th of April—the prosecutor called me—we went to several public-houses, and afterwards saw the two prisoners walking together—the man turned and spoke to the woman, but I did not hear what he said—I took the woman—the prosecutor took the man, and while the prosecutor was making the charge at the station, the man produced this watch and chain and said, "It is quite correct, Master Hall, here is your watch, and I was bringing it back to give it you, when I was taken"—the woman appeared to have beta drinking.
Catharine Divat. I went to work and my husband came and abused me—he went and took the watch—I followed him, and he said if I did not go back he would serve me as the man who was hung here did the woman.
CATHARINE DIVATT— GUILTY . Aged 35.— Confined Twelve Months.
ANTHONY DIVATT— NOT GUILTY .
JOHN WILLIAM TOMLINSON LEATHWAITE . I live in Pope's Head-alley, Cornhill. The prisoner had been in my service about seven years—it was part of his duty to go every Tuesday and Friday to the London Gazette—office, and on Tuesdays he was to take up the money for the previous week.
FRANCIS WATTS . I am publisher of the London Gazette. The prisoner has been in the habit of coming for them for some years—I believe he came for them on the 24th of March, but I am not always in the office—there are clerks there—they are not here.
NOT GUILTY .
FRANCIS WATTS . The prisoner paid no money to me on the 31st of March—I generally attend to the cash department, but I am not always there—the clerks or warehouseman might have let the prisoner have the Gazettes—it is impossible to say who supplied him with them.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
MARIAH BOTTRILL . I am the wife of William Bottrill, a butcher, in Orchard-street, Westminster. The prisoner had been in his employ between four and five years—he had to carry out meat, and receive money from the customers—it was his duty to account to me for what he received in the evening, or if not then, when I was disengaged—he never accounted for any money to my husband, only to me—at Christmas last my attention was called to an account of Mr. Parfrey's—he appeared considerably in debt for meat, and I told the prisoner to ask Mrs. Parfrey to let me have some money, and he brought me word Mrs. Parfrey would pay ready money for her meat till she could pay her bill—if he received from her 1l. 0s. 3d., 18s. 7 1/2 d., or 2l. 11s. 7d., he did not pay it to me—I found out that he had been paid the money one Wednesday, and he said to me, "I understand you have been to the bank (meaning Thames bank), and ascertained that I have been receiving those bills"—he said he had lost 20l. out of his pocket at Christmas, and God Almighty only knew how he had lost it—I told him he had received upwards of 70l. and had not accounted for it—he said, "I don't think it is so much that"—his cousin asked what he had done with it—he said he did not know—he was asked if he had any of it—he said he had got a few halfpence—his box was searched, and 10l. 19s. was found—the articles which are down on these bills (looking at them) were supplied to Mr. Parfrey, and these receipts to them are the prisoner's writing.
Cross-examined by MR. ROBINSON. Q. Do you recollect that these articles were supplied? A. Yes, I do—I booked them all myself—I recollected about the 70l. when I was before the Magistrate—I did not say anything about it—I was too much agitated—I was not asked many questions—Mr. Bottrill is not here—he is always in the business—he never takes the lad's money—we have seven men and boys—we have a large business—when these sums are brought home I have to take the book and tick off the different amounts that are paid me—the only mode I have of knowing that they have not been paid is by referring to my book, which is here—I have gone carefully over it, and these items are not struck off—these items have a straight mark down them, which signifies that they have been posted in the ledger—I always tick them off at the moment I receive them—I never take money without—I have never forgotten that a sum has been paid me, and never asked the prisoner to recollect debts and amounts that I might put them down—some of the writing in this book is Mr. Smith's—Mr. Bottrill has booked things occasionally, but none of Mr. Parfrey's—he has not scratched things out that I know of—he has taken money, but he never receives money from the prisoner—he has received bills when people have come into the shop, and he has entered them in this book as paid.
MR. BALLANTINE. Q. How often did you mention to the prisoner the accounts of Mr. Parfrey's? A. I told him on several occasions to apply for it—he never said he had paid them to my husband—it was with reference to these accounts that he said he had lost 20l.
A JUROR. Q. I suppose it is your custom for the men to pay in their account
in the evening? A. Yes, I generally take it that way—my attention has been called to this account—if any of this money had been paid to my husband it would have been named to me—we have talked about it.
SUSAN PARFREY . I am the wife of Philip Parfrey—we live at Thames Bank, we deal with Mr. Bottrill—I paid this bill of 1l. 0s. 3d., this of 18s. 7 1/2 d. and this 2l. 11s. 7d. to the prisoner—these are his receipts to them—I did not tell him I could not pay my bill, but I would pay as I had the meat—I did not owe anything to Mr. Bottrill at Christmas.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Twelve Months.
There was another indictment against the prisoner.
1125. JOHN SCARBOROUGH was indicted for stealing 60lbs. weight of hay, value 2s. 6d.: the goods of Benjamin Herbert, his master; and WILLIAM ALDRIDGE for feloniously receiving the same, well knowing it to have been stolen.
BENJAMIN HERBERT . I am a farmer, and live at Barking-side, in Essex—Scarborough was my carman—I sent him to town on the 28th of April with a load of straw, he was to take it to the salesman in Whitechapel-market, and bring back the cart with manure in it—I did not supply him with any hay, and he was not entitled to take any—I allowed him to take hay when he went at night, but not in the morning—I saw him start on the 28th of April, and I did not see that he had any hay with him—I afterwards saw a truss of hay at the police-court—I believe it was mine—I could not swear to it, but it was like mine—Scarborough had been fourteen years in my service.
Cross-examined by MR. BALLANTINE. Q. You would take him again? Yes—I never knew him bring hay back—I know the house where it is said this hay was handed to Aldridge—all my carts go there by my desire.
JOHN BARRELL . I am in the prosecutor's employ—I saw Scarborough fetch a bundle of hay from the stack that morning—he put it beside the cart and pulled a piece of the hay out and gave it to the horse in the shafts—I did not see what became of the rest.
JOSEPH BENTON (police-constable K 381.) I saw Scarborough drive his cart into the yard of the Plough Inn in the Mile-end-road, at a quarter past four o'clock in the afternoon, on the 28th of April—he had a truss of hay on the fore ladder of his cart, partly covered with horse-cloths—he fed the hones from the nose-bags—Aldridge is ostler there—Scarhorough and him had some conversation—Aldridge then went away—Scarborough took down the hay and placed it against the stable-door—Aldridge then came up—some conversation passed between them, and Aldridge unlocked the stable-door, put the hay in, locked the door again, and came to Scarborough—some more conversation passed, and Aldridge took something from his pocket, and gave it to Scarborough—I and my brother officer went up and told them we wanted them, on suspicion of stealing that truss of hay—Aldridge said, "I put it in the stable, Scarborough told me to put it there for the horse"—Scarborough said it was his master's hay, and that his master gave it him—Aldridge went into the Plough and beckoned his master—he then tried to get into a door in the back place—he then ran to another door—I told him it would not do, he must come with me.
Cross-examined. Q. Did you take Scarborough before he went into house? Yes—I found on him 1l. 6s. 2 1/2 d.
NOT GUILTY .
THOMAS WILLIAM KILSBY . I am assistant to a pawnbroker at Pimlico—on the 25th of April about eight o'clock in the evening, the prisoner offered me this shirt in pawn—I observed that there had been a mark recently picked out, and asked if it was her own—she said it belonged to her husband.
RICHARD LANGRIDOE (police-constable P 222.) The prisoner and this shirt were given to me by Mr. Kilsby—I asked the prisoner how she came by it—she said she took it from her brother, and then said she was going to pawn it.
SARAH HICKSON . I live in College-street, Chelsea—I go out washing—I went to Mr. Einons' on the 23rd of April, and sorted out four shirts belonging to Mr. Edward Rumney between eleven and twelve o'clock—the prisoner was there—I left her there while I went to dinner—this is one of the shirts.
Cross-examined by MR. BALLANTINE. Q. What do you know it by? A. The name is still visible—here is the place where it was partly picked out.
ROBERT M'KENZIE (police-sergeant B 5.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted the 19th of Sept. 1842, and confined fourteen days)—the prisoner is the person.
GUILTY . Aged 28.— Confined Six Months.
GUILTY . Aged 19.— Confined Three Months.
1128. GEORGE TUCKER was indicted for embezzling 4s. 11d. 4s. 10d., and 5s., which he received on account of Sarah Nunn, his mistress; and that he had been before convicted of felony: to which he pleaded
GUILTY . Aged 28.— Transported for Seven Years.
GUILTY. — Confined Three Months.
PATRICK MATTHEW CUMMINO . I live in University-street. On the night of the 4th of May I was going home about half-past eleven o'clock at night—I got to the end of Oxford-street and Tottenham-court-road—they are making a new street there—I paused at the end, and I said to a genteel young man, "Is that my way to Tottenham-court-road?"—he said, "Where are you going?"—I said, "To University-street"—he said he was going that way, and he would show me—I said it was not necessary, but he walked on with me—I said, "I am very thirsty, do you know a place where I can get a glass of bitter ale?"—he said, "Yes, here is one at the corner of Bedford-street, Tottenham-court-road"—we went into the parlour, and had a pint of ale—we might be there half-an-hour or a little more—I left the house about half-past twelve, and the young man left with me, and just as we got outside the door, he put his left arm round my shoulder, to draw my attention—he said, "This is your way"—he put his other hand round me, and pulled the
pin out of my shirt—I had my cravat plain, and the pin was in my shirt—I seized his hands, but he got the pin, and went off—I am not sure that the prisoner is the man, on account of my sight, but I am sure the man who was in the room with me, robbed me—I might form an opinion, but I decline to do so.
Cross-examined by MR. O'BRIEN. Q. Were you quite sober? A. Perfectly sober—I could not be otherwise—I have a giddiness in my head—I did not ask him to have a glass of bitter ale—I asked where I could get some—he said, "Here is a place," and came with me—I do not think I said, "I am very weak and thirsty, if you know where we can have a glass of bitter ale, we will have some"—I cannot recollect whether I said, "I or we"—I was not called in before the Magistrate when the prisoner was first examined—I was walking outside, and he was discharged—there was no one in the parlour of the public-house when we went—a gentleman came in before we left—there was no person about the door but us two—this took place immediately at the door—the door had scarcely closed after us—I had the pin when I was in the room—I looked down at it—I often look down because my head is giddy—there is a person here named Watkins—I did not give him in charge.
COURT. Q. Are you quite sure that whoever was in the room took the pin? A. Yes, by force—it was an amethyst set in brilliants—it was in my shirt, not in my cravat.
JOHN BUTT . I am pot-boy at the Bedford Head, the corner of Bedford-street, Tottenham-court-road. I remember the night the prosecutor came there—the prisoner came there with him—I am quite sure it was the prisoner—they went into the parlour—the prisoner called for a pint of old ale—I took it—I was asking the prisoner for the money, but the prosecutor paid—they were in the room about an hour—when they went out the prisoner put his hand on the prosecutor's back, and told him to go home—I did not see or hear any more till the Tuesday morning—the prosecutor appeared the worse for liquor—he appeared giddy—I did not notice any pin in his shirt.
Cross-examined. Q. From what you saw, is it your opinion he was much the worse for liquor? A. Yes, I have no doubt of that—all I heard and saw was, the prisoner put his hand on his back, and said, "Go home"—there was no scuffle or noise—the prosecutor abused me when I took in the ale—he called me a vagabond, and said, "What demand hare you on me?"—he ordered me out of the room.
THOMAS WATKINS . I live in New Compton-street. On Tuesday morning, the 5th of May, between twelve and one o'clock, I was in Tottenham-court-road—I saw the prisoner run down Steven-street—I heard a cry of "Stop thief" from the opposite side of the way—I saw no one running but the prisoner—I followed, and came up with him in Rathbone-place—he said, "It is not me"—I saw two policemen on the other side of the way, and I gave him into custody.
Cross-examined. Q. Was there a great number of people? A. No, only me following him—the prosecutor was a little in liquor, and at the station he would not swear to any person—he said, "I believe this is the party"—pointing to me.
JURY. Q. Did the prosecutor say that the party who had been in the public-house with him had robbed him? A. Yes.
WILLIAM WESTLAKE (police-constable E 102.) At half-past twelve o'clock in the morning, on the 5th of May, I was on duty in Rathbone-place—the prisoner was running—I heard a cry of, "Stop thief—Mr. Watkins was following
the prisoner, and I took him to the station—he was charged by the prosecutor with stealing his pin—the prosecutor was the worse for liquor—I found nothing on the prisoner relative to this charge.
PATRICK MATTHEW CUMMING re-examined. Q. Did the prisoner drag you on your knees? A. I seized him, and as he got away he dragged me down on the knee—after he had pulled me down and struck me on the side I cried, "Stop thief." NOT GUILTY .
JOHN REOIN . I live in Pheasant-court, Gray's Inn-lane. On the 27th of April I was dining at a building where I was at work, at Hoxton—I had a shovel, which I had left in the mortar-heap—I heard some one call out that my shovel was stolen—I went out and saw the prisoner in custody of the policeman—they had the shovel between them—this is it.
JOSIAH WILLIAM HARDING (police-constable N 190.) I was on duty at Wenlock-road, Hoxton on the 27th of April, and saw the prisoner get over a low wall, and return with this shovel—I caught him with it.
Prisoner. I was looking for work—I took the shovel out of the mortar—I had no intention to steal it. Witness. I saw him get over the wall, and go to the mortar-heap—he was several yards from the mortar when I took him.
JOSEPH COTTON (City police-constable, No. 239.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 27th Oct., 1845, and confined six months)—the prisoner is the man.
GUILTY . Aged 19.— Confined Twelve Months.
1132. WILLIAM BOLLINGBROKE was indicted for stealing 1 1/2 peck of spilt-beans, value 1s. 6d., the goods of William Freeman, his master; and MARY ANN LAY for feloniously receiving the same, well-knowing it to have been stolen; against the Statute, &c.
WILLIAM FREEMAN . I am a baker, and live at Stanwell—the prisoner Bollingbroke had been in my service about seven months. On the 24th of April I searched a bag which I found on my premises—it contained about a peck and a half of split-beans—I left the bag there, and sent for a policeman—I have seen the bag since—this is it—I know the bag, and I can swear to the beans that are in it—I have a sample here in my pocket, taken from the same bin as they were—they are mine.
Cross-examined by MR. MELLOR. Q. Where were these beans kept? A. In the bin in my shop—my bin will not hold above half a sack—a few beans might be spilled in taking them from the bin—Bollingbroke has measured these beans when I have been out, but his mistress has taken the money—I think I have missed beans, but I do not exactly know what quantity—I have a loft, and I found this bag of beans there—there is an immense quantity of beans sold daily precisely the same as these—there are other beans resembling these.
Cross-examined by MR. PARRY. Q. Do you know Mrs. Lay? A. Yes—she has a son, who keeps a horse and cart—I have known her twenty-seven or twenty-eight years living in the parish—her husband is a gardener.
COURT. Q. Had Bollingbroke to sell beans? A. Yes, from the bins—after they were sold they had no business in the loft.
JURY. Q. If he spilled any in measuring, would it be his duty to sweep them up, and put them in the bin? A. Yes.
EDWARD GODFREY (police-constable T 73.) I was on duty at Stanwell on the 24th of April—Mr. Freeman gave me some directions, and I put two scarlet beans and some paper pellets in a bag of beans that was in the loft—I then got into some adjoining premises, and between nine and ten o'clock I saw Bollingbroke come out of the bakehouse, and go up to the loft—he came down again, and looked up and down the yard—he went into the stable, and then up in the loft, and brought out this bag—he came to near where I was, and put it over the wall—he then went into the stable, remained there about a quarter of an hour, and then went into the bakehouse, and in about a quarter of an hour I saw Lay come from her house, go and take the bag of beans, and go towards her own house—I told Mr. Freeman what I had seen—I then went to Lay's house—I found her and Bollingbroke sitting there—I asked her what she had done with the beans—both of the prisoners asked me what beans I meant—I told Lay the beans she brought out of the garden, and it was no use her denying it, for I would find them—I took the candle to go into the back place, and Lay said she would show it me—I found the bag with the beans in it, and the scarlet beans and the pellets—both the prisoners asked me not to say anything about it—in going to the station, Bollingbroke said he had lost 1s. 6d. in a beer shop, 6d. he had got from his matter, and 6d. he expected to get from Lay.
Cross-examined by MR. MELLOR. Q. Was this bag put over into the road? A. No, into a garden—I was in a yard adjoining, in plain clothes.
Cross-examined by MR. PARRY. Q. How far is Lay's house from this spot? A. Near twenty yards—Lay's husband is a gardener—Lay has known me for five years—she has lived there many years—she said she had never been charged with any offence before—that this was the first time—I have known Bollingbroke from his infancy—I never knew the least charge against him.
(LAY received a good character.)
BOLLINGBROKE— GUILTY . Aged 17.
LAY— GUILTY . Aged 54.
Recommended to mercy by the Jury. Confined Two Months.
MR. CLARKSON conducted the Prosecution.
REUBEN ROBINSON . I keep the Paul Pindar public-house in Chiswell-street, St. Luke's—the prisoner was in my service about ten weeks—on the 4th of April I put some marked money in the till—I cannot say that I missed any of that, because we are constantly taking money—the prisoner was given in charge on the 11th of April—the officer searched his box—six shillings and one sixpence were found marked—five of the shillings had my mark on them—I put marked money in the till several times, marked in the same way—before I gave the prisoner into custody, I told him I had reason to believe he had been robbing me, and asked him if he had any objection to be searched—he said, not the slightest—he was searched by the officer, but nothing was found—it was his duty in the event of his taking any money on my part, to put it into the till—if he wanted change for a shilling or half-crown, he would take it from the till—I had spoken to Mr. Gamble, a friend of mine—he marked a shilling, and he spoke to another friend, who marked a sixpence—the other marked shilling, found in the prisoner's box, had been marked by Mr. Gamble—I keep halfpence and sixpences and shillings on a sideboard in the bar—the prisoner might have given change from there—if my friend had given him a marked shilling, he might have gone to the money on the sideboard to get a sixpence and some pence, supposing there were none in the till, and then the marked shilling would be put on the sideboard.
Q. Suppose another customer came with a half-crown, and he took two shillings out of his own pocket to give change for it, might he not have taken the marked shilling from the sideboard again, and another shilling to pay himself? A. He never need have taken money from his own pocket—there was always money on the sideboard for change—the marked money found in his box was shown to him, and he said it must have been put into his box.
Cross-examined by MR. COLE. Q. Had you a character with him? A. Yes, a very fair character—he did not give me any money to take care of for him—I have two tills in my bar, and there is money kept on the sideboard—the prisoner was my pot-boy and barman—if a customer came for any goods, he would give change, and put the money in the till—the money on the sideboard was kept for change for gold—he might give change from either—I paid him 5s. a-week wages—I paid him wages on the 7th of March—I owed him some wages certainly—I swear I did not pay him 1l. in gold and 10s. in silver on the 9th of April—if he wanted change for a sovereign of his own, I should have objected to his taking it from my money, if I had seen him, but if he had I should have expected him to have spoken to me first—I am not always at home—he said he had not the slightest objection to have his box searched, and he gave the officer the key—he said he had above a pound of money, and we found 23s.—when I am out, I generally leave somebody to manage my business—if he wanted to change a sovereign of his own, I would wish him to ask for it—I have left him quite alone in the shop, but not in the house—I never gave him any distinct notice that he was not to change a sovereign.
MR. CLARKSON. Q. Are you quite sure that he said that the marked money must have been put there? A. Yes.
COURT. Q. Did you let any marked money get on the sideboard? A. No, I was careful not to do so.
JOHN GAMBLE . I am a publican, and live in Beech-street. On the 8th of April I went to Mr. Robinson's bar—the prisoner served me with a glass of ale—I gave him in payment a shilling, which I had previously marked—he went to the first till, and I heard a noise, as though it had gone into the till, and he gave me 10d. out.
Cross-examined. Q. Do you often lay these sort of traps? A. We are bound to do it sometimes, in justice to ourselves—the prisoner opened the till, and I concluded he put the shilling in it—I heard the opening and shutting of the drawer, and the chink of money.
HENRY TATE (police-constable 136 G.) On the 11th of April I was called to the prosecutor's—I told the prisoner he was suspected of robbing his employer—I said I should search him and his box—he said he had no objection to anything of the kind—I ordered his box to be brought down, and it was brought to the bar parlour—it would not unlock, and we were obliged to force it—I found some marked money in it, and amongst it this marked shilling—I told him there was a number of marked shillings in his box—he said, if there were, he did not know anything at all about it, somebody must have put them in.
Cross-examined. Q. You had some difficulty in opening the box? A. Yes—he tried it first himself, and then I tried—we could not open it with the key—he said there was upwards of a pound in it.
anything to say—the clerk wrote down what he said, and then Mr. Coombs put his name to it—this is the statement he made—(read)—"The prisoner says,' I took the money off the sideboard, in change for a sovereign, on the Thursday.'"
GUILTY . Aged 20.— Confined Three Months.
(The prisoner received a good character.)
1134. ELIZABETH EVANS was indicted for stealing 14 breast-pins, value 6l. 16s.; and 2 thimbles, 4s.: also, 2 clocks, value 2l. 10s.; 2 cases of dentists' instruments, 16s.; 1 microscope, 10s.; 5 brashes, 1s.; 1 flute, 2s. 6d.; and 1 trumpet, 10s.: the goods of John Daniel Delaney: to which she pleaded
GUILTY . Aged 41.— Confined Eight Months.
(The prisoner received a good character.)
EDMUND EDWARD HINKLEY . I am a lighterman; I live at Wapping, and am employed on the Thames; the prisoner was my apprentice for nearly five years. On the 31st of March he was to take my barge, the Jane, alongside the barge Albion, to work sixty-one quarters and five bushels of peas—about the middle of the day I went on board the Jlbion, and was there nearly an hour—there was a meter measuring the peas, and I waited till he had done—I then desired the prisoner to take the Jane to St. Andrew-wharf, and to ship the peas on board the first Glasgow trader—he afterwards produced to me a meter's bill, and told me he had taken the barge to the Dunchatton, and they would take the peas on board the next morning—the next day he told me the peas had been taken on board—I went to the wharf, and got the receipt from the wharfinger for 123 sacks and a cotchell—the prisoner told me in the evening that he had been to the vessel, and put the cotchell into three other sacks, which he had distinguished by putting a cross upon them: and he said the sacks were all taken from the Jane on board the ship—I said he should not have done so, for I had taken a receipt for the full quantity—he said his object in doing so was to reserve the sack in which the cotchell was—on the 20th of April I received a letter from Glasgow: in consequence of that I asked the prisoner what he had done with the cotchell of peas—he stated he had put it into three sacks, and marked the sacks—the Dunchatton went on its voyage, and it returned to London about last Tuesday week—I then received some information from the mate, and I spoke to the prisoner again about the cot-chell—he said he knew nothing more of the peas than he had told me before—I asked what sack it was he had brought from the vessel across the wharf—he said it contained the sweepings of some oats that he had gathered up in the barge—I said I did not believe his statement, and gave him into custody.
Cross-examined by MR. BALLANTINE. Q. The quantity of peas you charge him with stealing is a bushel? A. Yes—a sack contains four bushels—I have none of the consignees here—if anything is spilled in my barges, it is gathered up and taken to my warehouse—there are occasionally sweepings in my barges after a cargo—they would not be the prisoner's perquisite.
had 123 sacks of peas in it—we took them on board the next morning, and there was another sack beside, which appeared to have something in it—I asked the prisoner about it—he said it did not belong to our quantity—he said he had to carry it to the warehouse—about an hour after he was gone the captain came—he saw the sack in the barge, and by his order we took the sack on board, and put it in the hold—I do not know what it had in it—I did not look—we are not authorized to look—it appeared to be something of a hard substance—the prisoner returned afterwards—he asked where the sack was which he had left in the barge—I said it was in our hold—he said it was not ours, he had to take it to the warehouse—I handed it to him, and he carried it away on shore, over some barges, to the platform, and into the wharf—the captain's name is Andrew Graham.
ALEXANDER IMLAY . I am foreman of St. Andrew's-wharf. About a month ago I was hailed by the mate of the Dunchatton—I saw the prisoner pass through the wharf with a sack—it had something in it, but was not full.
Cross-examined. Q. Do you know Mr. Hinckley's warehouse? A. Yes—I cannot say whether the prisoner went towards that—persons so often go across the wharf we do not take notice of it.
FRANCIS GOWRAN (police-constable K 258.) I apprehended the prisoner—I told him it was for stealing a bushel of peas—he said, "I know all about that"—in going to the station he said, "If I had done anything wrong I would own to it, but as I did not, I will not."
NOT GUILTY .
GEORGE BROCKWELL . I am a boot and shoemaker, and live in Harrow-road—the prisoner lived with me for six weeks, and has been in the habit of charing for me since about the 20th of April—I missed sixty or seventy pieces of leather which were cut out for soles in pairs, from a cupboard in a sitting-room—in consequence of suspicion I watched outside the house with an officer—I saw the prisoner leave the house on Monday night, the 27th April—I followed her with the policeman—she went down a mews in Edgware-road—she went into a corner, and the policeman stopped her there—I went up and said I had come for that leather she had stolen on the Friday previous—she said she had it about her—the policeman took her to the station—I saw this leather found about her—it is mine, but this is not what I missed on the Fri-day—this is what I marked on the Sunday, and was in the cupboard on the day I took her.
JOSEPH WALKER (police-sergeant D 5.) On Monday, the 27th of April, I watched the prisoner—I followed her into a mews—I said I wanted her for Mr. Brockwell's leather—she said, "I have got it about me"—in going along she said, "I put it in the coal-hole"—I found these ten pieces of leather on her at the station.
The prisoner put in a written defence, stating that the prosecior's wife had given her the property to pledge on various occasions, unknown to him.
GUILTY . Aged 46.— Confined Four Months.
NEW COURT—Tuesday, May 19, 1846.
Seventh Jury, before Mr. Common Sergeant.
GEORGE JAMES LYON . I live in Munster-street, and am a butcher—the prisoner was employed in my house occasionally as a charwoman—I had my spoons safe on the 16th of April—I missed them afterwards!—these are them.
GUILTY . Aged 47.— Confined Twelve Months.
1138. JOHN FRANCIS was indicted for stealing 1 waistcoat, value 4s., and 1 handkerchief, 1s. the goods of Joah Bailey, in a vessel on the navigable river Thames; and that he had been before convicted of felony.
Prisoner. I plead guilty to this charge, but I was never here before.
JOSEPH SHAIN (Thames police-constable No. 40.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convictedfand confined three months)—the prisoner is the person—he has been at the Thames police-court several times since.
GUILTY . Aged 17.— Confined Twelve Months.
1139. FLORENCE SUTER was indicted for stealing 1 pair of trowsen, value 1s. 6d.; 1 shirt, 1s.; the goods of James Gardner; and 1 shirt, id.; 1 pair of socks, 2d.; the goods of John James Blakemore, in a certain port of entry and discharge.
The prosecutors did not appear
NOT GUILTY .
1140. MARGARET SORAGE was indicted for stealing 1 shawl, value 14s.; 2 gowns, 21s.; 1 pair of stockings, 1s.; 2 shifts, 4s.; 1 petticoat, 1s. 6d., 1 bonnet, 5s.; 4 sovereigns, 1 crown, 2 half-crowns, 10 shillings, and 1 52. bank note; the property of Daniel Haley, her master, in his dwelling-house.
CATHERINE HALEY . I am the wife of Daniel Haley—we live in Gould-street, St. George's in the East, in the parish of St. George—we keep a boarding-house for seamen—the prisoner came to me as a servant—I saw the articles mentioned in this indictment, also the money and note, all safe in the house on the 30th of April, between eight and nine o'clock—I went up stairs and left the prisoner below—I left my baby down stairs—it cried and I came down—the prisoner was gone—I went into the room, and missed my shawl and my dress and the other things—the moneyand the 5l. note, were in a puree in the pocket of my dress—this shawl and dress are mine—this is the 5l. note—I know it by the way I folded it, and put it in the purse—I did not know the number of it.
WILLIAM PLOUGH . I am a London and Birmingham Railway policeman, No. 40. I heard that a woman had been offering a 5l. note to change at Leighton Buzzard, where I am stationed—I went and overtook the prisoner—I asked her if she had got a 5l. note—she said, "No"—I said I had every reason to believe she had, and she gave me this note—I then searched the bundle which she had, and found these articles, and this purse—I took her to the station, and sometime afterwards she told me she had absconded from her mistress, and that these things belonged to her mistress.
Prisoner. My master came home the evening before, and gave me some liquor, and took liberties with me; I told him I would tell my mistress; he said he would give me money, or anything; the next night my mistress had some liquor, and was very stupid; my master came: he took me into the bed-room, and gave me my mistress's clothes; I did not know there was anything in the dress; he said he would take me to a friend's house; I went away, as I thought he would take me to a bad house; I got a lodging that night, and then I tied up the things and went on. Witness. She did not say a word about her master taking liberties with her—she expressed her sorrow for what she had done, and said her mistress had been a good mistress to her.
CATHARINE HALEY re-examined. My husband was out all that evening—he never came home till I went and fetched him, after losing my things—the prisoner came to me on the 21st of April, and left on the 30th.
GUILTY . Aged 18.— Confined Nine Months.
CHARLES STRATFORD . I am a chimney-sweeper, and live in Gloucester place, Hackney. About the 1st or 2nd of Dec., 1844, I had a chimney. sweeping machine safe at my house—I missed it about the 5th—on the 6th of Jan., 1845, about a month after I had missed it, I found fifteen of the rods of the machine—these are them—I know them because I made the whole of them myself—several of the rods are hollow canes—one of them has my name stamped on it—I found these at Wilson's—I do not know the prisoner.
Prisoner. Q. What do you know the rods by? A. Here is the one that had my name stamped on it, but it has been nearly filed out since it was stolen—I stamped it with "C. S. D."—here is one which is very remarkable—I bought these rods, and put the ferrules on myself—I have seen some hundreds, and I hardly ever saw one like this—here is part of the D to be seen—I can swear to every one of these fifteen rods—there were twenty-four rods taken away.
MARY ANN WILSON . I live in Morton-street, Newington-causeway—my husband is a chimney-sweeper. The prisoner came to me just before last Christmas twelvemonth—he asked if my husband would buy a few sticks—I said my husband was not at home—he met my husband coming from Smith. field market, and he bought the rods of him, in my presence—these are them—they have been from me these sixteen months.
GUILTY . Aged 23.— Transported for Seven Years.
(The prisoner was convicted of felony in Feb., 1845.)
NATHANIEL GRAVES . I live in Wood-street, Clerkenwell. The prisoner was occasionally employed by me—I left him in my house on the 6th of May—I went to Chatham—on my return I missed two books, two shirts, and a coat—these are them.
Prisoner. I do not deny taking them, but I told the prosecutor I would get them out again: I had not the slightest idea of stealing them.
GUILTY . Aged 34.— Confined Three Months.
1143. ANN MORRIS and HARRIET SMITH were indicted for stealing 2 shawls, value 6s.; 2 petticoats, 3s.; 2 table-cloths, 6s.; 3 night-gowns, 2s.; 2 pairs of drawers, 5s.; 3 night-shirts, 2s.; 2 sheets, 4s.; 2 handkerchiefs, 5s.; and 1 basket, 1s.: the goods of Ann Walker: and that Smith had been before convicted of felony.
ANN WALKER . I am a laundress—I live in White. Horse-lane, Stepney. I had a basket of linen in my front parlour on the 18th of April—it contained these shawls and other things stated in this indictment—I lost it about ten o'clock in the morning—here are two shawls and a pair of drawers which were in it—I know nothing of the prisoner—I am a widow.
BETSEY WEST . I live in White Horse-lane, opposite Mrs. Walker's. On the 18th of April I saw the two prisoners go into her house—they were in about ten minutes—I saw them come out, both carrying a basket of clothes—I went to Mrs. Walker's, and gave her information.
Smith. Q. Are you positive it was us two that brought it out? A. Yes, I am quite certain it was you.
WILIAM TAPLIN (police-constable K 234.) I produce a certificate of Morris's former conviction at this Court by the name of Ann Smith—(Read—Convicted 27th Oct., 1845; and confined three month)—the prisoner is the person.
MORRIS— GUILTY . Aged 19.
SMITH— GUILTY . Aged 20.
Transported for Seven Years.
(There were two other charges against the prisoners.)
MR. BALDWIN conducted the Prosecution.
WILLIAM HUSSEY (police-constable T 114.) On the night of Thursday, the 7th of May, I was on duty at Camden-hill, Kensington, at half-past eight o'clock—I saw the two prisoners walking along, and Varney had an empty sack under his arm—they were together, and were going in the direction of the Duchess of Bedford's garden—I went a short distance and returned back—I then saw Varney coming over a fence with a sack with something in it, which turned out to be sand—Beazeley was standing in the lane outside the field—he was doing nothing—he was three or four yards from Varney when I saw him coming out of the field, and in such a situation that he could see what was going on in the field—I said, "Varney, what have you got there?"—he said, "Sand"—I said, "Whose sand is it?"—Beazeley
said, "It belongs to my brother"—I said, "Your brother has no sand there, you shall go with me to the station"—Beazeley said, "No, I shall not go; if you come with me to my brother he will tell you who it belongs to"—I said, "If you go and fetch your brother, and he says it belongs to him, that will do"—he went and fetched a man, and in consequence of what that man said, I took Varney into custody.
Cross-examined by MR. PARRY. Q. Do you know this field? A. Yes-part of it belongs to a person named Lomas, a butcher, and part of it to the Duchess of Bedford—it is not a sand field—it is a meadow—there is a heap of sand in the corner, fenced in—it belongs to the Duchess of Bedford, not to Mr. Lomas.
WILLIAM TEIGNBY . I am gardener to Georgiana Gordon Russell, Dowager Duchess of Bedford. On Thursday, the 7th of May, there was some sand in a little corner of that field, and some loam—it belonged to the Duchess—I saw it safe at half-past five o'clock that evening—the officer produced some sand, which was a part of that heap—it corresponded exactly with it—I be-lieve it to be part of the same heap—I found in the morning that the heap had been disturbed, and about a bushel of it was gone—it is worth about 2s.
Cross-examined. Q. How long had it been there? A. Since Christmas—it was used for potting flowers—the duchess has that part of the meadow for her use—there is no sand in Mr. Lomas's part of the field.
JOHN REAGAN (police-sergeant T 25.) I took Beazeley at his lodging in Kensington on Friday, the 8th of May—I found him in his room, and told him what he was charged with—I told him it was for stealing silver sand from the Duchess of Bedford's—he said he knew all about it—I found a small por-tion of sand upon the table in that room.
VARNEY— GUILTY . Aged 45.
BEAZELEY— GUILTY . Aged 30.
Confined Three Months.
1145. SAMUEL SEYMOUR CUMBERS was indicted for stealing 1 guard-chain, value 10s.; 1 brequet-chain and seal, 1l.; 4 towels, 2s.; 1 telescope, 1l.; 3 pairs of trowsers, 1l.; 2 pairs of boots, 11s.; 1 pair of gloves, 2s.; 1 pair of stockings, 1s. 6d.; 26 printed books, 2l. 5s.; 1 waist-coat, 3s.; 1 brooch, 2s.; and 1 ring, 2s., the goods of George Ravenor, his master.
GEORGE RAVENOR . I am a pawnbroker, and live in Queen's-buildings, Brompton-road. The prisoner was my warehouse-boy—in consequence of some circumstances, this brequet-chain was found in a drawer which he makes use of—I charged him with stealing it, and he said it belonged to me: that he took it out of the plate-closet, and it was an article out of time—this telescope was found in the drawer he used—he said he took it in Jan. last out of the shop drawer—this pair of shoes were taken off his feet—I asked whose they were—he said they were mine, that he got them out of my warehouse, and they were in for 4s.
Cross-examined by MR. PAYNE. Q. Were not they in an open drawer? A. Yes—he said he took this telescope in Jan.—I could not have identified any of these articles but for his own statement—he did not seem confused when I asked him the questions—his mother is a widow.
COURT. Q. What else did you find? A. I found in his box three double duplicates; that is, the duplicate we keep, and the one which the party who
pawns has—he admits that he took them out of the shop on the 7th of May, with the money that the articles had been redeemed for—he said he had spent the money—he had only one penny about him—there was some money found in a pocket-book on a shelf.
(The prisoner received a good character.) GUILTY. Aged 16.—Recommended to mercy by the Jury. — Confined Six Months.
GEORGE FULLER CRIPPS . On the 7th of May, about a quarter past ten o'clock in the evening, I was walking in Whitechapel—I felt my pocket pulled—I turned and saw the prisoner running, and I missed my handkerchief—I ran after him till I met the officer, and gave him in charge—he moved towards the officer, and the handkerchief fell from his person—it is mine.
Prisoner. Q. Is there any mark on it? A. I do not know—I lost just such a one as this—the same pattern.
MICHAEL CONLEY (police-constable H 138.) I saw the prisoner ranting down Osborne-street, and into Wentworth-street—the prosecutor was following him—I took the prisoner, and put him against the wall—this handkerchief dropped from his right side—he said it did not drop from him.
Prisoner. I was very tipsy indeed; I had to meet a party at Bishopsgate church, and was running; I am quite unconscious of stealing the handkerchief.
GUILTY . * Aged 26.— Confined Nine Months.
1147. MARY CUMMINGS was indicted for stealing 13 spoons, value 5l.; 1 pair of sugar-tongs, 12s.; and 1 petticoat, 6s.; the goods of Scipio Robinson, her master; and ELIZABETH PREW for feloniously receiving the same, well knowing them to have been stolen: and that Prew had been. before convicted of felony.
CUMMINGS pleaded GUILTY. Aged 16.—Recommended to mercy. — Confined Three Months.
ANN ROBINSON . I am the wife of Scipio Robinson, we live in Salisbury-street, Portman-market. Cummings was in my service, and left me on the 6th of May—I missed thirteen spoons, a pair of sugar-tongs, and a petticoat.
JOHN STEVENS . I am a pawnbroker. At eight o'clock on Tuesday evening, the 5th of May, Prew brought four tea-spoons to my shop to pawn—I asked if they were her own—she said, "No, they belonged to Mrs. Robinson, in Paddington-street"—I said, "Have you any objection to the young man going with you?"—she said, "No"—she went out—the young man followed her, and she ran away—he brought her back.
CHARLES HAWKER (police-serjeant D 9.) I was called and took Prew—she said she had been sent by Mrs. Robinson, a stay-maker, in Paddington-street, to pawn four tea-spoons—she afterwards said her sister found them, in Exeter-street, Lisson-grove, and gave them to her—I asked where her sister lived, she first said in Devonshire-street, then Exeter-street, and then Salisbury-street—Mrs. Robinson lives in Salisbury-street, not in Paddington-street.
Prew. I said Mrs. Robinson in Salisbury-street, a pork-butcher; I did not know that Cummings stole the spoons, she told me she picked them up.
PREW— GUILTY . Aged 28.— Confined One Year.
JAMES FRANCIS . I live in Spring-place, Wandsworth-road. Last Saturday week, I called at the Essex tavern, Whitechapel, for my wages—I received 3l. 1s. 10d.—I had two sovereigns, a half sovereign, and some silver—when I was at the bar many parties came in but I cannot tell who—I called for half a pint of porter—I tendered the publican a 6d. which I took out of this left-hand pocket—in about ten minutes I put my hand in my pocket again to pay for a biscuit, and the money was gone—I then felt my other pocket, and felt that my gold was safe—in ten minutes after I felt a twitch at my pocket—the prisoner was standing close by me, and his finger was close to me—I took hold of it, and said he had robbed me—he said he had not—he went out at the door—a man stood at the door, and prevented my getting out—I did not see the prisoner give another man anything, but I saw his hand move—I had lost 1l. 17s. 6d.—there were other persons who could have taken it.
Cross-examined by MR. O'BRIEN. Q. There were some women there? A. Yes, the room might be half full—I paid for some gin, and treated two women.
THOMAS WETFORD (police-constable 38 H.) I heard a cry of" Stop thief!" and saw the prisoner run across Whitechapel, and down Angel-alley—I caught him—he said, "It is a pity I should be nailed for a couter and a half, and two half bulls"—I asked what he meant—he said a sovereign, a half-sovereign, and two half-crowns—the prosecutor came up and said he had robbed him of a sovereign and a half, two half-crowns, a shilling, and two sixpences.
GUILTY .— Confined Nine Months.
THIRD COURT.—Tuesday, May 19th, 1846.
Before Edward Bullock, Esq.
GUILTY , and entered into recognizances to appear and receive judgment when called upon.
NOT GUILTY .
GUILTY . Aged 53.— Confined Eighteen Months.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 17.— Confined Two Years.
1155. JOHN DAVIS was indicted for stealing 46 yards of doe-skin, value 14l. 10s.; 7 yards of woollen cloth, 4l. 10s.; and 4 yards of satin, 2l. 8s.; the goods of Edwin Mitchell, in his dwelling-house; and that he had been previously convicted of felony.
EDWIN MITCHELL . I am a tailor, and live at No. 6, Guildford-street—it is my dwelling-house, and is in the parish of St. James's, Clerkenwell—I keep my street door open. On the 4th of May, in the afternoon, I was in my kitchen, at dinner—I had articles of drapery in the shop—I had been absent half an hour—I had fastened the parlour door inside, and left the key in the lock—I heard a wooden roller fall down above me in the parlour—that and the shop are all one—I heard two people walk out—I rushed to the kitchen window, and saw the prisoner stepping from the upper step of the street door of the house—that is not the door of the shop—there was another person going out before him—he stepped out, stopped for a minute or two, and then walked on—I saw his face so as to be able to swear to him—the prisoner is the man—I went up stairs, found the parlour door open, and saw a wooden roller of silk serge lying three or four yards from where I had placed it—a piece of doe-skin which I had left on my cutting-board was gone—I afterwards discovered that other property was gone—not more than a minute after I had seen the prisoner on the step, I went into the street and saw him walking down the street from my door—I ran after him—he stood still and I passed on—I said nothing to him—when I got round by a public-house, I saw two other men running away—I do not know them—I have every reason to believe one was the first man I had seen go out—he had a bag with him—I called out as well as I could, and pursued him—he saw me, and dropped a bag" containing the goods—I went after him instead of stopping for the bag—I was intercepted by some of the prisoner's party, who got before me, and wanted to know the particulars of it, and I thought it was high time to go back to the bag—I did so, and gave it in charge of the constable—I afterwards saw the prisoner about twenty yards off, walking deliberately on the other side of the way—I pointed him out to Walters, who stopped him—the prisoner wanted to know what he was stopped for—we told him for entering my premises—he said, "You may take me if you like, it was not me," or something to that effect—I examined the bag—it contained this doe-skin, cloth, and satin (produced)—it is my property—I am quite sure the prisoner is the person I saw going out of the shop.
Cross-examined by MR. BALLANTINE. Q. Did you leave anybody in the shop? A. No—there is a broad step from the street, which leads towards the passage of the house.
HANNAH MARIA MITCHELL . I am the prosecutor's wife. About twenty minutes to two o'clock I was in the kitchen at dinner with my husband, and heard the roller fall and persons walking along the passage—I looked out of the window and saw two men on the steps—I saw a bag between them—I cannot say who had it—I did not see the prisoner—I saw the other man—they both made a stand on the step, as if they were looking behind them—the prisoner is about the height of the person I saw—I followed my husband up stairs.
Cross-examined. Q. You saw them distinctly? A. I saw the other one distinctly.
GEORGE WALTERS . I am a constable, and live in Guildford-street, Clerk enwell. About a quarter to two o'clock I saw the prosecutor run across the street—I went out—he held out his hand, but could not speak he was to hoarse—there was no one present when he spoke to me—he delivered a black bag to me, which I have produced—I brought it into my house—he after-wards pointed out the prisoner to me about thirty yards below, on the opposite side—I took him into custody—he asked what I wanted him for—I told him and took him to the station—he gave his name o'John Davis"—the sergeant said, "Are you sure that is the only name you have?"—he said, "Yes"—he said, "What is your occupation?"—he objected to that—the sergeant said, "You may well object, for you were here before in the name of Franklin"—I took this ring from him, and 5s. 6d.
Cross-examined. Q. Is the constable here that put these questions to a prisoner under his charge? A. No—I did not stand by and hear him bullied—if he had made the objection to me I should have said the same thing to him as the constable did.
SETH KITCHEN . I keep the White Horse public-house, in West-street, Carnaby-market. On the day this happened I was passing down the Bag-nigge Wells-road, and saw two persons in Guildford-place—the prisoner wai one of them—I knew him before by the name of Franklin—I am sure he it one of them—I saw him come round the corner of a public-house; he made a stand to see if anybody was following him, looked round, saw the prosecutoi following him, and made a stop—Mitchell came up and passed him—the other party had this bag with him—I saw the property taken from it—whea Mr. Mitchell came round the corner, the one with the bag made his way on at fast as he could—I kept my eye on Mitchell, and lost sight of the prisoner for two or three minutes—I am quite certain I saw him with the other man with the bag—he remained there—he did not run away—when I had done looking after Mitchell I saw the prisoner on the other, side of the street, going in a direction towards the other man.
Cross-examined. Q. Do you know Walters? A. Yes—he does not frequent my public-house—he has never been into it—I have known him tea yean in Clerkenwell—I have not visited him—I only knew him as a tradesman—I did not see the prisoner on Mitchell's steps at all—he was twenty or thirty yards from the door when I saw him.
CHARLES CLIFF . I live next door to the prosecutor—on the day in question, about ten minutes to two o'clock, I was in my front parlour—I saw thi prisoner, and another man whom I could not swear to—I could swear to the prisoner from a thousand—I can swear he passed my window twice—I heard a bustle in the street, went to the street door, but did not see the prisoner then—when I did see him he was on the opposite side, right opposite my parlour window—he returned in a few minutes.
ELIZABETH MUNROE . I am the wife of Alexander Munroe, and live at the end of the prison wall, in the Bagnigge Wells-road. For an hour before this robbery I saw the prisoner sitting on some rails, about thirty or forty yards from Mr. Mitchell's house—it was about one or two o'clock in the day—I saw another man with him, whom I do not kuow.
Cross-examined. Q. You were not at the first examination on the 2nd were you? A. No—the policeman fetched me, and asked me if I had seen a black man—the prisoner was a foreigner.
MR. BALLANTINE to EDWIN MITCHELL. Q. Was there another man taken? A. Yes—he was not sworn to by Munroe—it was from conscientious
motives he was not sworn to—I have not the least doubt he was the prisoner's companion.
NOT GUILTY .
1156. JOHN CROWTHER and CHARLES WHEELER were indicted for stealing 1 counterpane, value 4s.; the goods of William Branch; and that Wheeler had been previously convicted of felony; to which Wheeler pieaaea
GUILTY . *— Confined Twelve Months.
SAMUBL DOYLB (policeman.) On Monday night, the 4th of May, about nine o'clock, I saw the two prisoners together in Peter-street, Cow-cross—Wheeler was conveying this bundle—they appeared in conversation—Wheeler went into an old clothes shop in the same street—Crowther stood in the court by the door—the front of the shop is in Peter-street—I watched at the shop window—Crowther saw me—I saw that I was observed, and went into the shop, and found the bundle containing the counterpane—when I came out, Crowther was gone—he came to the police-court next day between eleven and twelve o'clock, and I took him.
Cross-examined by MR. PARRY. Q. Do you know Crowther's father? A. I have known him some time—he is a gas-fitter—I believe he is respectable.
MARY BRANCH . I am the wife of William Branch, of No. 4, Red-lion-court, Charter-house-lane. On Monday morning, about a quarter-past nine, I missed a counterpane which was put at the baok of my house to dry—this is it (looking at it.)
MARY ELIZA DOCKRIL . I live with, my father and mother in Littjt Red-lion-court, Charterhouse-lane. On Monday the 4th of May, about twenty minutes before nine, I saw both the prisoners together—Wheeler had got a counterpane, and was running—he ran into a hole under an arch—the other ran straight up the court, and made off.
Cross-examined. Q. Did you see him take it? A. No—I am quite sure I saw Crowther with him—I saw the counterpane twenty minutes before I missed it.
NOT GUILTY .
1157. ELLEN LANE was indicted for stealing 1 jacket, value 15s.; 1 waistcoat, 6s.; 1 pair of trowsers, 10s.; 1 handkerchief, 4s.; 1 watch, 5l.; I watch-key, 55.; and 1 watch-guard, 6d.; the goods of Lawrence Duncan; and MARGARET LANE for feloniously receiving the said watch, well knowing it to have been stolen.
LAWRINCB DUNCAN . I am a seaman. On Monday night, the llfch of May, I saw the prisoner Ellen in Old Gravel-lane, and went home with her—I had no money—I was intoxicated a little—I scarcely knew what I was doing—when I got there, I pulled off my jacket, trowsers, and handkerchief, and put them on a chair—I put my watch underneath a corner of the bed—I am quite sure I had a watch—I do not know whether the prisoner went to bed—I went to sleep—there was a person in the bed who the prisoner said was her son—I awoke at half-past four in the morning, and there was no one; in the room but myself—I do not know how long the prisoner staid in the room—I missed my jacket, waistcoat, trowsers, handkerchief, and watch—I had but my shirt and drawers—I went down stairs, and searched the plaoe—there was no one below—the watch produced if my property—I am quite sure I had it with me.
JOHN GOODRIDGE . I am in the service of Messrs. Vesper and Comer, pawnbrokers—I produce a jacket, waistcoat, and trowsers, which were pledged by the prisoner Ellen—I took them in myself—I asked whose they were—she said they were her own.
CHARLES POTTER (policeman.) On the 12th of May I received information, in consequence of which I went to a house in King-street, where the prisoner Ellen formerly lived—I found her on Wednesday morning, at No. 3, John-street, Mercer's-place—I told her I wanted her for robbing a man of a watch, jacket, waistcoat, and trowsers, in King-street—she said she had not been in King-street—I searched the back-parlour, and found the handkerchief—I asked whose handkerchief it was—she said it was hers—I took it to the prosecutor—he identified it—she has a son—I saw him on the morning in question, and watched him about to several places, till he went to the place where I found her.
DENNIS MCCARTHY (police-sergeant K 20) On the morning of the 13th, I was at the police-station—the prisoner Ellen was brought there by Potter—the other prisoner was outside—I heard her say she had a watch that was stolen from a sailor—I followed her to King David-lane, and said, "Where is the watch which you have got?"—she said, "I have got no watch, what do you mean?"—I said, "You must consider yourself my prisoner," and took her—she spoke in Irish, but I understood her—she said her daughter (the prisoner Ellen) was tipsy on the night previous, and she had taken the watch from her to take care of it—she took it from her bosom—I took her into custody.
Ellen Lane's Defence. I met the prosecutor in Old Gravel-lane; he asked me to come home with him; I took him home; he said he had no money; he took off his clothes, said he had plenty more clothes to put on, and gave me them to pledge; I found the watch in the pocket; I met my sister-in-law in the evening; she gave the watch to my mother-in-law to take care of.
Margaret Lane's Defence. The policeman met me not three minutes' walk from the station; he asked me if I had such a thing, and I gave him the watch.
(The prisoners received good characters.)
ELLEN LANE— GUILTY .— Confined Six Months.
MARGARET LANE— NOT GUILTY .
JAMES SHEA . I am a labourer, and live at No. 3, Wilson-street, William's-lane—the prisoner is a labourer, and lives in the same house—on the 12th of April, about five o'clock in the afternoon, the landlord's little boy was playing in the passage—he came in to me crying, and said James had been pulling him by the hair of his head—I asked the prisoner what was the reason he had ill-treated the boy—he said he would do the same to myself—I said I would take care of that—I was stooping down to light my pipe by the fire, and he took the shovel and hit me a blow on the head with it—I had not done anything to him before that—I closed with him—it was a very severe blow—it bled—a policeman was sent for—I had given him no provocation only on account of the boy—we have lived in the same house eighteen months—he is generally a quiet, well-behaved man—he also gave me this wound over the eye.
ANN MANLEY . I am the wife of John Manley, and live in the same house—I heard Shea reprimanding the prisoner for hitting my little boy—he said he had no business to hit the boy—I said I knew Driscoll did not hit the boy
because I knew he was partial to the child—he is a quiet, well-behaved man, and I do not think he would hurt the child—Shea was lighting his pipe, and the prisoner hit him with a shovel on the back of his head—it bled—Shea did not hit him again in my presence—I ran for a policeman.
JOHN BRENCHLEY (policeman.) I was called in, and found Shea wounded over the right eye, and two wounds on the back of his head—I saw the prisoner with the shovel—he was drunk—I asked how he came to take up such unlawful weapons—he said it was only a bit of an Irish row.
JOHN GODFREY BRIND . I am a surgeon—on the 30th of April I was sent from the Thames police-court, and saw Shea's head—there was a lacerated wound on the scalp—I probed it—it went to the bone—it was a bad wound—there was another, half or three quarters of an inch from it, but not so deep—it was such a wound as might be done with this instrument.
Prisoner's Defence. Shea wanted to know what I was doing to the child; I said I had not hurt him; he said, "I will give you what I have given you before," and hit me over the right eye; here are the signs of the cut; and he. pulled the hair off my head and gave me a pair of black eyes; he laid hold of my left ear with his mouth, and dragged me into the kitchen; a woman hallooed out "Murder!" and he let my ear go; we caught one another and fell on the fender; he laid hold of a poker and made a blow at my head; I put up my hand, and he cut my three fingers across with the poker; neither of us would let the poker go until the policeman came in, and then I had it in my hand.
MRS. MANLEY re-examined. I had seen no fighting before Shea asked the prisoner how he came to ill-use the child—there was no row before that—the prisoner struck the first blow—Shea was quite insensible and had not power to hit him.
Prisoner. I never saw you all the time.
GUILTY of an Assault only. Aged 36.— Confined Six Months.
HENRY WEBB (police-constable G 106.) On Friday evening the 1st of May, about half-past seven o'clock, I saw the two prisoners walking and talking together, in Goswell-street—Thomas stood behind a gentleman, who was looking in at a shop window—Tilley stood behind Thomas—I watched and saw Thomas take a handkerchief from the gentleman's pocket—the gentleman turned round and took it out of his hand—Tilley ran away immediately—Archer, a policeman, was with me at the window—he took possession of the handkerchief—I ran after Tilley and caught him fifty or sixty yards from the window—I said he was with the chap that stole the handkerchief at the window—he said he was not—I took him to the station.
Tilley Q. Did you see me run away? A. Yes.
Tilley. It is false, you did not see me move; I was not ten yards from my house when I was taken.
JOHN ARCHER (policeman.) I saw the two prisoners go to the shop-window together—a gentleman was looking in at the window—after they had stood there sometime, the gentleman turned round and seized one of them—I saw the handkerchief in Thomas's hand afterwards—the gentleman gave it me and said, "This boy has taken my handkerchief"—I do not know who the gentleman was—he had a lady with him, and said he would follow on to. the station, but he never came.
Thomas's Defence. I was standing at the window, a boy came up and
said "Take this"—I did not know what it was; the gentleman came up and said, "You have got my handkerchief;" I said, "I have not got it;" he searched me and found it on me.
Tilley's Defence. I never saw anything of the other prisoner, and do not know him.
JAMES FOREY (police-constable C 650.) I produce a certificate of Thomas's former conviction at this Court—(read—Convicted 15th Sept., 1845, having been before convicted, and confined six months)—Thomas is the same party.
THOMAS— GUILTY . Aged 16.— Transported for Ten Years.
TILLEY— NOT GUILTY .
Before Mr. Justice Coltman.
MR. BALLANTINE conducted the Prosecution.
PRISCILLA EMMONS . The deceased David Emmons was my husband—we lived at Stratford. On Wednesday evening, the 22nd of April, between six and seven o'clock, there was a quarrel between Lancaster and my husband—he gave my husband only one blow on the back of his head with his fist—after that my husband was dragged out of the house by the prisoner and Lancaster and Wilcox—I followed them out a few minutes after, and saw a scuffle outside between Lancaster and my husband—I did not see any blow given—he fell from their throwing one another down—Wilcox picked him up—Wilcox and my husband then scuffled, and both fell down—I only saw him fall twice—I did not see anything done to him by anybody, while he was on the ground, but he received the wound while he was down—I saw his face bleeding very much—I heard Wilcox say, "D—n your eyes, keep off the man, or you will kill him.
Cross-examined by MR. HUDDLESTONE. Q. How old was your husband? A. Twenty-six—he was a strong powerful man, much larger than the prisoner—the quarrel was between him and Lancaster—the first blow was struck by Lancaster—the prisoner said to Lancaster and my husband, he must not continue quarrelling in the house, and if they would fight they must go out—it was in the prisoner's room—Wilcox and the prisoner and Lancaster tried together to get him out of the house, they dragged him out—he struggled violently—I saw Lancaster fall down with him on the hard grass-plat—he fell inside the house in one corner, but he did not fall on the ground there—the prisoner caught him in his arms to prevent his falling, that was after Lancaster had struck the blow—my attention was first attracted by hearing the quarrel—when I got in I saw Lancaster hitting my husband—Wilcox was not striking him—he was struggling with him outside when he picked him up off Lancaster—they struggled and fell down—he was down on the ground, Lancaster was underneath—I saw Wilcox fall wilt him afterwards—I cannot say who was uppermost when Wilcox and my husband came on the ground, I do not recollect—I was some distance off—Wilcox was not on top of my husband when he fell, he was going to pick him up—I was examined before the Magistrate—I do not know whether Wilcox fell on top of my husband—my husband went to his work after breakfast—he is a plate-layer on the railway—it was his duty to carry heavy loads—he worked until the Tuesday—he died on the Friday following, a. fortnight and two days after the struggle—up to the Tuesday he was employed at his
usual business on the railway—I saw him carrying a bag of potatoes on his shoulder between the time of the accident and his being taken ill.
MR. BALLANTINE. Q. Were Lancaster and Wilcox friends of your husband? A. They used to speak together—we lived in one part of the house and the prisoner in the other—Lancaster and Wilcox lived with the prisoner—they had not come into our part of the house, my husband went down stairs—it happened in the prisoner's part of the house—my husband had gone there for 6d. which was due to him.
CHARLES LYNN . I am a labourer, and live at Marsh-gate, Stratford. On the 22nd of April, between six and seven o'clock in the evening, I heard a "scream from a house in Marsh Gate-lane—I went to see what it was, and saw two men lying on the ground, one upon the other—the deceased was uppermost—Wilcox was underneath—the prisoner was standing up—I saw him kick the uppermost man on the nose, hard—the blood flowed immediately—he rolled off the man he was upon, and that man got up and picked him up—I took hold of the deceased's hand and said he had better come away, but he pulled away from me and made towards Lancaster, who was coming towards him, and they had two scuffles after he had received the kick—I did not see any blows struck—they were only struggling together—he fell down again, and after that I persuaded him to come away with me—he came to the ditch and washed his face—there was a great cut where the blow had been, and blood coming from him.
Cross-examined. Q. Was not he struggling and fighting with Lancaster and Wilcox when you came up? A. No—I did not see struggling—I saw him on the other man on the ground, outside at the back part of the house where the yard is—I did not see the prisoner do anything to him but kick him—I did not hear him call out to him—his wife was there after he received the kick—she was calling out to him—she was outside in the yard screaming when I came up—she asked me to get her husband away—his nose was sore across the bridge—it looked like a great piece knocked off—I lent him a handkerchief to wash it.
GEORGE FLOWER . I saw the deceased on the 23rd—there was blood flowing from his nose at that time down his face—I saw the prisoner about a month before that—he had been speaking to me about the deceased—he said he (the prisoner) was going to be removed from one length of work to the other, and that it was Emmons's doing, and he said his garden-ground was down one way, and it was done for that, that he should be removed away from it—he said he was a hog of a fellow, but if he could not get him out by fair means he would get him out by foul.
ROBERT LANCASTER . I am a labourer on the Eastern Counties Railway—on the 22nd of April, in the evening, I was at my lodging—the deceased came into my room, he inquired something concerning a sixpence, and asked for George Evans—Evans came into the room while he was inquiring for him—the prisoner and Wilcox and deceased were there—a quarrel took place, in consequence of my taking Evans' part—he attempted to hit Evans—I took Evans' part, and then a quarrel took place between the deceased and me—we had a scuffle together in the room—I struck the deceased—the prisoner took him under his arms to clear his house, and with our assistance we put him out at the door—we all got into a small court—the prisoner came and scuffled with me again, threw me down, and fell on me—they pulled him off me, and I got up as soon as I could—Wilcox tried to pull him away from me, and being a powerful man, they both fell down together—Wilcox was underneath, and the deceased upon him—I did not see the prisoner do anything then—I do not know how the deceased got up, but he got up as quick as he
could—when he got up he had a scar on his face, and was bleeding from the nose—I did not see that wound before he went down.
Cross-examined. Q. The deceased went to strike Evans? A. Yes—he was in a passion—the prisoner ordered them out of his house—it appeared if he remained there that injury would be done to the furniture—there were several blows struck on the ground in the yard.
WILLIAM PARES BAKER . I am a surgeon. On the night of the 22nd of April the deceased came to my house—he had a contused wound on the bridge of the nose—the bone was not observable—the skin was completely cut through—the wound might have been inflicted by a kick—it was a fresh wound—he had no other wound or bruise that I saw—it did not appear to me to be important—he called occasionally, and had his nose dressed by my assistant—the next time I saw him was on the Thursday—I found him labouring under symptoms of tetanus—I tried everything, but he died on the Friday—my opinion is, that tetanus arose from the wound—a wound of that nature might occasion such a result—a contusion might produce lock-jaw, but wounds are more liable to do so.
Cross-examined. Q. I believe tetanus is commonly called lock-jaw; that proceeds from many other causes than wounds? A. Yes—a violent cold producing inflammation of the bowels, might occasion it—worms will occasion it—if a person received a kick in the body irritation of the bowels might follow that, and tetanus from the inflammation—it is possible that a strain in carrying a heavy weight might occasion such irritation, as might terminate in lock-jaw, but it is not probable—I would not undertake to swear in this case that the locked-jaw was the result of the wound on the nose—it would be the probable result.
COURT. Q. Could you trace any connexion between the tetanus and the wound? A. The first symptoms of tetanus came on about the time that it is usual for tetanus to appear after a wound—there had been no inflammation of the bowels—I examined the body after death—the stomach was inflamed—I have no doubt that followed from the tetanus—there was no symptom of inflammation of the stomach that I am aware of previous to the tetanus—I had not seen him for a fortnight—there was nothing in the state of the body to which I could refer the tetanus, except the wound—in cases of tetanus we are generally able to ascertain from what it has arisen—I should find on examining the body some cause to which to refer it—there was in this case no cause to which I could refer it, except the wound—a concussion of the brain might occasion inflammation, and inflammation might produce tetanus—there was a slight inflammation of the membrane of the brain—that was the conesquence of the tetanus—I believe the wound to be the cause of tetanus, but admit that inflammation of the brain would produce tetanus.
NOT GUILTY .
Before Edward Bullock, Esq.
GUILTY . Aged 24.— Confined Four Months.
Before Mr. Common Sergeant.
1162. THOMAS COULTHARD was indicted for stealing 1 coat, value 3l.; 1 waistcoat, 1l.; 1 pair of trowsers, 1l.; 1 hat, 10s.; 14 sovereigns, 1 half-sovereign, and 8 shillings; the property of Benjamin Greaves, in the dwelling-house of Mary Croft; to which he pleaded
GUILTY . Aged 18.— Confined One Year.
ELIZA SEWELL . I am the wife of Thomas Sewell—we live in George-place, West Ham—about three months ago a man named Dee hired a lodging of me—he came on a Monday, and on the Wednesday following he brought the prisoner as his wife—they remained there for some time—in March I missed a blanket, a sheet, and three pillow-cases—the prisoner was then gone—I met her afterwards, and she told me where they were.
Prisoner's Defence. I was in distress, and meant to return them.
(The prisoner received a good character, and a witness engaged to employ her.)
GUILTY. Aged 47.—Recommended to mercy by the Jury and Prosecuirix. — Confined Six Days.
Before Mr. Recorder.
GEOBOE KYLE . I belong to the Royal Artillery, and am a farrier—on the 26th of April I was in my room in Rushey-grove, and had a watch on the mantel-piece at seven o'clock when I went to the stables—I did not miss it till between six and seven next morning—I was going to my work in the morning, and the prisoner called to me—I turned back, and stood until she came up to me—she told me a very mournful story about missing her passage to Scotland—that her husband and two children had gone away before she had got to the boat—I told her to go to the adjutant, perhaps she could get a passage for herself and children—I missed the watch when I came home, and suspected her—I went after her, and accused her of it—she denied it, and said, I was going to take away her character for such a thing—I said, I was very sorry, but I suspected her—I asked her where she stopped during the night—she refused to tell me—I afterwards gave her in charge.
MARY ANN PERCH . I am female searcher at the Woolwich station—I searched the prisoner—she said nothing—I did not tell her I wanted a watch—I did not know what I was going to search her for—she did not say the had not got it—I found the watch in her bosom—this is my writing to this deposition—it was read over to me before—I signed it, but I am hard of hearing, and did not hear it all—I do not recollect asking her anything.
JACOB DAVIES (policeman.) On the 27th of April, between nine and ten o'clock, I took the prisoner into custody, and told her she was charged with stealing a watch—she denied all knowledge of it Prisoner's Defence. I went to his room to return the watch, and was given in charge—I beg for mercy.
GUILTY. Aged 26.—Recommended to mercy. — Confined Fourteen Days.
Before Mr. Common Serjeant.
JOHN WHITE (police-constable R 180.) I was on duty at Greenwich fair on the 13th of April—I saw the two prisoners in company together—they went and stood behind the prosecutor—I saw Wells put his hand into the prosecutor's pocket, and take out a handkerchief, and hand it to Holt—I took it from him and took him.
Cross-examined by MR. BALLANTINE. Q. Did it appear to be a joke? A. Not much of a joke.
JAMES RAPSEY (police-constable R 102.) I saw the prisoners in company for some time—they both tried different pockets—I was close to White, and in consequence of what he said, I took Wells into custody.
(Wells received a good character, and a witness engaged to employ him.)
HOLT— GUILTY . Aged 18.— Confined One Month.
WELLS— GUILTY . Aged 16.— Whipped and Discharged.
GUILTY . Aged 20.— Confined Nine Months.
GUILTY . Aged 25.— Confined Four Months.
HENRY POTTS . I am foreman to Mr. Coles Child, a coal-merchant—I had a number of metal taps of his in my room at the office, in Camomile-buildings, East Greenwich—I saw them safe on the 11th of April—I did not miss them till Rawlinson came and told me on the Wednesday following that she had stolen them—she said she was in great distress, and asked if I would go to the man, and say I had given them to her—I said, "Certainly not; I am ashamed of you; go about your business"—I counted the taps, and there were two deficient—the officer came to me afterwards—I believe these are the taps—I had thirteen of the same kind, and missed two of them.
Rawlinson. I did not take them; I met him coming out of the College; he asked me to go to his room, and he gave me 2s. and two taps. Witness. On my oath, it is false—she positively came and told me she took them—I gave her 2s. out of charity, as she told me her husband had been out of work a great while, and they had nothing to eat but potatoes for a fortnight—I have known her twenty years—when she came on the Wednesday, she told me her husband was in work, but was very weak—she did not know whether he would be able to go on—I gave her 2s. more, but I declare I never gave her the taps.
WILLIAM TOOKEY . I am a marine store dealer. On the 11th of April Bailey came to me, and produced two taps, which he asked me to purchase—he said his name was William Hill, and the taps were given him by a person at Deptford, who owed him some money—I said I should detain them, as I suspected they were stolen—he went away—I did not see him again till the Wednesday, when he came with Rawlinson, and said, "This is the person that gave me the taps"—she said, "Yes, I did"—I said they were at the station—we went there, and she stated that Mr. Potts gave them to her.
Bailey. I received the taps from Rawlinson; I did not know how she came by them; I learnt from her that Mr. Potts gave them to her.
the taps and found two deficient—I then took Bailey—he said they were given him by Rawlinson.
NOT GUILTY .
SARAH PARKINS . I live in the rope-yard, Woolwich. On Saturday night, the 18th of April, I met the prisoner in Powis-street—he went home with me, and gave me half-a-crown and a sixpence, which I put into a teapot, where I had 3s. 8d. besides—another man came into my room, and the prisoner went into an adjoining room—the other person did not stop, and when he was gone the prisoner came into my room again—I then went to bed, but not before I had counted my money—the female who lives in the next house to me saw me count it—I put it into a teapot, and put it into the cupboard—the next morning the prisoner made an excuse to go out—he desired me not to get up, but he dressed himself and went away—I thought it strange, and went to my cupboard—I found the teapot lid was off, and half-a-crown, two shillings, and a sixpence gone—no one could have taken it but the prisoner—I locked my door and bolted it after the other man was gone.
Cross-examined by MR. MELLOR. Q. What kind of a teapot was it? A. A brown teapot, with a cover to it—I went home with the prisoner between twelve and one o'clock—I received the money from him directly—I did not go to bed immediately—my friend was not in my room a quarter of an hour—he called for an article he had left with me, and I expected the prisoner to return—I placed the teapot on the bottom shelf in the cupboard—the cupboard-door does not shut very tight—there was nothing before the teapot—there were a few other things in the cupboard—I had never seen the prisoner before—I never charged any one with a robbery before.
COURT. Q. Did the prisoner see you put the money in the teapot? A. I do not know, he might—I am sure I counted the money after the prisoner returned to the room, on account of my being back with my rent—Ann Jones saw me count it and put it into the teapot, after the other man had left.
Cross-examined. Q. What took you to her room? A. I am often with her—I went for a quartern of gin, and I partook of it—it was between twelve and one o'clock—I was in the room about a quarter of an hour—Parkins did not undress while I was there—the prisoner went into my room while the other gentleman was in Parkins' room—Parkins was standing by the table when she counted the money—I was close by her—I saw 6s. 8d.
COURT. Q. Are you sure the money was counted after the other person was gone? A. Yes.
JAMES PARRY (police-sergeant R 8.) I was passing the cell where the prisoner was confined—he asked me at what time the Magistrate would sit—said about three o'clock—he said, "Would the Magistrate allow me to give her half a sovereign?"—I said I did not know, it was a serious offence—he said, "I have been served the same, and they would serve me so again if they had a chance."
NOT GUILTY .
Before Mr. Recorder.
1170. SARAH SMITH was indicted for stealing 3 bonnets, value 3l. 17s.; 4 gowns, 8l. 10s.; 2 shawls, 2l.; 1 scarf, 1l.; 1 handkerchief, 1s.; 1 pair of drawers, 14s.; 2 neck-chains and cross, 3l. 3s.; 1 seal, 1s. 6d.; 1 plume of feathers, 14s.; 1 apron, 15s.; and 5 1/2 yards of silk, 1l.; the goods of Frederick Daniel Bohn, her master, in his dwelling-house; to which she pleaded
GUILTY . Aged 15.— Transported for Ten Years.
GUILTY . Aged 21.— Confined Three Months.
The prosecutor did not appear.
NOT GUILTY .
Before Mr. Common Sergeant.
Cross-examined by MR. MELLOR. Q. Do you know she is a married woman? A. I did not know it till after I purchased them—I have seen her husband since—I never bought anything of her before.
GUILTY. Aged 47.—Recommended to mercy. — Confined Two Months.
SARAH LONG . I live at No. 22, Upper Thames-street—on Sunday, the 3rd of May, I was on the pier at Geeenwich—in consequence of information from the policeman, I searched my pocket, and missed two purses—one of them had four coins in it, a groat, a three-penny, a two-penny, and a penny-piece—the other purse was empty—the prisoner gave up the steel purse when he was charged—the officer then asked him for the other purse—he put his left hand in his pocket and drew it out.
Cross-examined by MR. DOANE. Q. Are you married? A. No—I know these purses were safe two hours before—there was rather a crowd—the packet had just come up, and the people were rushing to get on board—I knew nothing of it till the officer spoke to me—I was taking care of an invalid brother.
JOHN EVANS (police-constable R 190.) I was on the floating-pier, at Greenwich—I saw the prisoner in company with a boy—they were very busy in the crowd—I watched them—I saw them close up behind the prosecutrix and another female—they then went and sat on a seat at the further end of the pier—I spoke to the prosecutrix, and then spoke to the prisoner—he gave up one purse, and pulled the other out of his pocket—the coins have not been found—I had seen the prisoner and the boy three-quarters of an hour before in Greenwich College.
GUILTY . * Aged 26.— Confined One Year.
1175. LYDIA PRIOR, MARTHA ELDRIDGE , and MARY DAVIS were indicted for stealing 78 yards of printed cotton, value 2l. 9s., the goodi of John Goss Fleay, and that Prior had been before convicted of felony.
MR. BRIERLY conducted the Prosecution.
I saw the three prisoners in the Broadway, Deptford, near the house of Mr. Fleay, a linen-draper—I saw some goods at his door—Prior went into the passage, and came out again—I then saw the three prisoners talking together—Davis then crossed the road, and looked at a blanket which hung at a pawnbroker's door, and I think she went on the steps—I am not positive whether she went into the house—she then went and joined the other two prisoners, then went into Mr. Fleay's doorway again, and Eldridge went in also, just on the step—Davis was outside—I saw Eldridge take something off the side of the door, and put it into her lap—Davis was behind her—I do not know whether she saw what Eldridge did—they then all three left, and after going about twenty yards they separated—I saw the policeman stop Eldridge.
Cross-examined by MR. BALDWIN. Q. Did you see where Prior was at the time these things were taken? A. In the shop passage—she was close to Eldridge, but her back was towards her; she could not see what she did—after they came out they separated, and left Eldridge on the pavement—Prior went away—I was standing at my own door.
JOHN WHITE (police-constable R 180.) On Friday morning, the 8th of May, I was by the railway terminus, at Deptford, at half-past ten o'clock—I taw the three prisoners in company—I suspected, and watched them about a quarter of a mile down to the Broadway—they loitered about Mr. Kennedy's shop, and then they went to Mr. Fleay's door—a cart passed at the time, which took the sight of them from me—I then saw them come away, and I went and stopped Eldridge—I took this print from her apron—I called another officer to assist me—Eldridge had nothing in her apron when she went up to the door—I have seen the three prisoners associating together before.
Cross-examined by MR. BALDWIN. Q. Where was Prior when you took Eldridge? A. She had left, and was on. the opposite side of the road.
ROBERT HAZELL . I am assistant to Mr. John Goss Fleay, a linen-draper, in Broadway, Deptford. We had these goods in the doorway on Friday, the 8th of May, at half-past ten o'clock—these are my master's.
JAMES BROOK (police-sergeant F 6.) I produce a certificate of Prior's former conviction, by the name of Lydia Lyons, at Clerkenwell—(read—Con—meted 3rd Feb., 1845, and confined three months)—she is the person. (Eldridge received a good character.) PRIOR— GUILTY .— Confined Twelve Months.
ELDRIDGE— GUILTY .— Confined Six Months.
DAVIS— GUILTY .— Confined Four Months.
Before Edward Bullock, Esq.
1176. PHILIP WATERS was indicted for burglary in the dwelling-house of John Wilson, and stealing 2 coats, value 3l., the goods of Arthur Davis; 3 bags, 3d.; 3 sovereigns, 3 half-sovereigns, 1 crown, 10 half-crowns, 2 shillings, 3 sixpences, 360 pence, 500 halfpence, and 13 farthings, his property; to which he pleaded
GUILTY .— Transported for Ten Years.
Before Mr. Recorder.
1177. THOMAS OLIVER was indicted for feloniously breaking and entering the dwelling-house of Richard Chrimes, and stealing therein 1 jug, value 30s.; 1 pair of trowsers, 17s.; 1 coat, 2l. 10s.; 14 keys, 4s. 6d.: 1 steel ring, 6d.; 1 pocket-book, 1s. 6d.; and 2 5l. Bank notes, the property of the said Richard Chrimes.
RICHARD CHRIMES . I live at No. 7, Canterbury-place, in the parish of St. Mary, Newington. On the 12th of April, about half-past five o'clock, I left my house to attend chapel, and returned about half-past eight o'clock—when I got within 100 yards of my house I heard a cry of "Stop thief!" and found a number of individuals gathered round my door—I learnt the thief had come out of my house—I went backwards, and the policeman had got the prisoner in charge—I went back to my house—Mr. Roberts and the policeman went in with me—I found a pair of trowsers and a cream-jug down stairs, which had been brought from up stairs—on proceeding up stairs I found a top coat on the landing—a chest of drawers in the back room first floor had been opened—I had left the top drawer locked—I had two 5l. notes, a pocket-book, a cream-jug, and a bunch of keys in it—it was broken open—I afterwards saw a 5l. note produced by the witness, and recognized it as one I had lost—my name is upon it—it was taken from that drawer—I saw my pocket. book also—I had received the 5l. notes through the post, and had joined them—I had left all the articles safe in the house when I went out, and found every one of them removed from their place when I returned.
HENRY PULLEN ROBERTS . I am clerk to a chronometer-maker, and live at No. 48, Rathbone-place. On the 12th of April I was at my mother's house, No. 1, Canterbury-place—I heard an alarm, went out and saw twomen by the house, No. 7, Canterbury-place—I looked out for a constable, as I heard a whistle, which was repeated several times—I went up and knocked at the door, and heard something moving inside—I repeated the knock, and the door was opened, and the prisoner and another man came out—I inquired if the gentleman of the house was at home—the answer was, "No"—I said, "What do you do here?"—they made a rush past me and ran off—I followed, I crying, "Stop thief!"—they both ran in the same direction from Canterbury-place—the prisoner turned into Manor-place, and the other into Penton place—the prisoner was secured.
Cross-examined by MR. CLARKSON. Q. Your attention had not been called to the house till you saw some persons watching the house as you thought? A. No—whoever came out of the house must have been in the house at that time.
WILLIAM READ . I live at the dairy in the Walworth-road. On the 12th of April I was in Canterbury-place—Mr. Roberts asked me to attend him—he went to this house, rapped at the door, and two men came out—the pri-soner was the first—he spoke to him, but I am deaf, and did not interfere till I saw him start off—I then rushed after them, calling, "Stop thief!"—the prisoner was taken.
WILLIAM CURTIS (policeman.) On the 12th of April, about a quarter before nine o'clock, I was on duty in Manor-place—I heard a cry of, "Stop thief!" and saw the prisoner running as fast as he could—four or five person were following him, crying, "Stop thief!"—the prisoner called, "Stop thief!" as well, and pointed out with his arms, saying, "That is he—that is he"—but I could see nobody running—when I stopped him he struck me under the ear with an instrument which he had in his hand—the blow turned me quite round—he flung the instrument away—a gentleman laid hold of him—I then seized him, and he dropped a pocket-book, which a girl took up in my presence—I took the prisoner to the station—Roberts came up and said he saw him come out of the house, and had followed him till I stopped him—I searched him at the station, and found a bunch of keys upon him—a crowbar was brought to the station—I found a pair of trowsers and a cream-jug in the house—I noticed a drawer up stairs open, and two marks upon the drawer, which corresponded with each end of the crowbar.
when the prisoner was brought in—after Curtis searched him I examined the great coat which he wore, and found this 5l. note in the pocket.
THOMAS WILLIAM CARTER . I am inspector of the L division of police. I was at the station when the prisoner was brought there—in consequence of an intimation that another 5l. note was missing I went in the track the prisoner was represented to have taken, and in Manor-place, in the road, I found a 5l. note in two pieces in a piece of paper, with part of a postage-stamp' upon one of the halves, and a similar piece of paper connected the 5l. note found in his pocket.
Cross-examined. Q. When you went out of your house did you leave anybody in it? A. No, I closed it after me—I tried the door—I am quite certain it was fast—I always try it—it is not very possible or likely I should forget it—I have no doubt I left it fast—unless I pulled it to it would have been ajar, and I have shown it was open.
Q. Have you ever, when you pulled it to, found it not fast? A. Yes, which cautioned me always to try it—I have no particular recollection of trying it upon this occasion, but it has been my habit of doing so regularly—a common door-key would open it.
GUILTY. of stealing in the dwelling-house, but not breaking and entering — Transported for Ten Years.
Before Mr. Recorder.
1178. WILLIAM MORTIMER was indicted for stealing 3 ladles, value 5l.; 13 spoons, 13l.; 16 forks, 14l.; and 1 sugar-sifter, 3l.; the goods of Maria Travers, in her dwelling-house; and that he had been before convicted of felony.
MR. CLARKSON conducted the Prosecution.
JOHN DALY . I am in the employment of Mr. Dawson, a baker, of Clapham-common—on Friday, the 17th of April, between four and five o'clock in the afternoon, I was in Clarence-road, Clapham New-park, and saw the prisoner walking about Mrs. Travers' door, in the Clarence-road, looking about the doors and windows, and presently he walked up on the grating—there was a window over the grating—it was a very little bit open—he turned round, saw me, and waved his left hand to me twice at the doorway—before that I saw him lift the window up higher, he then turned round and waved his hand to me—I then went on to the corner of the gate and stood there watching him—he could not see me there—I saw him get in at the window—I could not see whether he had anything with him—I saw some ladies sitting at a win-dow which was on the other side of the door—as soon as I saw him get in at the window I went by the gate, and in at the farther gate—I met the footboy in the yard and told him what I had seen—he went into the house to give the alarm—I was going out and saw the prisoner run by the gate—he was two or three yards from me then—I could see him distinctly—I am quite sure the prisoner is the person—I took notice of his dress and general appearance.
JAMES WALKER . I was butler to Mrs. Travers at this time—on Friday, the 17th of April, in the afternoon, the footboy gave me information which led me into the dining-room, and from the sideboard I missed four sil-ver table-spoons, eight dessert-spoons, ten table-forks, eight dessert-forks, one gravy-spoon, two sauce-ladles, and a silver sugar-sifter—I had seen them safe at half-past three o'clock, half an hour before this happened—they were worth above 35l.—the sideboard was in the room, the window of which was partly
open—it opens on a wall on one side of the door—the ladies were sitting it another room on the other side of the door—the room described is the room the plate was in—the plate was worth 35l. at an under value.
MARIA TRAVERS . I am a widow, and live in Clapham New-park—on Friday, the 17th of April, about half-past three o'clock, I was at home—I had a lady sitting with me—she is now in the country—I had occasion to cross the hall between three and four, and noticed the prisoner standing outside upon the gravel-walk at the entrance hall-door—X supposed him to be a servant and made inquiry of my friend—he could not hear that—I noticed him particularly—I thought he looked in a very saucy way at me, which led me to inquire who he was, and shortly afterwards I heard my plate was gone—I saw the prisoner in custody on Monday, the 27th, and have no doubt he is the man—I bare never recovered my plate—my house is in the parish of Clapham.
ROBERT CANNON (police-constable P 59.) On the 27th of April the prisoner was given into my custody on another charge—from the description the boy gave of the man who was seen getting in at Mrs. Travers' window, the moment I saw him I suspected him to be the party—the boy had described his clothes, the colour of his hair, and everything very particularly—I told him he answered the description of the person who was seen on the premisei of Mrs. Travers where the plate was stolen—he said he was not the man, and knew nothing about it—I took him to Mrs. Travers' house—when she saw him she said he was very much like the man, and when he turned his side face she said she was positive he was the man—the butler showed me a chair-cover where his footmarks were left, in getting in at the window—I took the prisoner's shoe and matched it, and found it corresponded with the mark-here it is—when I did that I told the prisoner I believed him to be the man—he made no answer at all—I sent for Daly—when he saw him he immediately identified him—he made some remark on the prisoner's clothes, and the prisoner said, "Will you swear this is the coat I had on at that time?"—he said, "I will not swear to the coat, but I swear you are the man"—I took him to the station, and found two latch-keys and a door-key upon him.
HENRY MOULTON (police-constable P 40.) I produce a certificate of the prisoner's former conviction, from the office of Mr. Straight, the clerk of Assize for the Home Circuit—(read—Convicted March, 1842, and transported for seven years)—I had the prisoner in custody—he is the person to whom the certificate refers.
GUILTY .— Transported for Ten Years.
Before Mr. Recorder.
1179. JOHN TAPSON and JOHN BEARD were indicted for stealing 1 portmanteau, value 5s.; 2 gowns, 6l.; 1 cloak, 3l. 10s.; I purse, 6d.; 2 shifts, 9s.; 1 night-gown, 5s.; 1 night-cap, 2s.; 3 pairs of stockings, 6d.; 2 handkerchiefs, 3s. 6d.; 2 slips, 5s.; 1 pair of gloves, 1s.; 2 pairs of trowsers, 4s.; 9 caps, 1l. 2s. 6d.; 1 scarf, 4s.; j yard of velvet, 10 1 dressing-case, 5s.; 2 razors, 10s.; 1 strop, Ss.; 1 tooth-brush, 1s.; 2 combs, 3. 6d.; and 2 hair-brushes, 6s. 6d.; the goods of the Great Western Railway Company; and that Tapson had been previously convicted of felony.
DAVID WILLIAMS . I live in Brecknockshire, and am a draper. On the 31st of March I and my daughter were passengers by the Great Western Railway from Gloucester—we got to Paddington at half-past eight o'clock in the evening, and then missed a portmanteau, which had on it the words, "Miss Williams, passenger"—the portmanteau now produced is it—that
address is not on it now—the portmanteau was placed in the luggage-box—the contents were principally articles of dress belonging to my daughter, worth about 15l.
Cross-examined by MR. PARRY. Q. There was no watch in it? A. No—I packed a watch in it before I started, but I took some linen out, and it appears I took the watch out with it—it was left behind by mistake.
Cross-examined by MR. PARRY. Q. Was it on a paper or card? A. A card tied on—I saw it put into the luggage-van at Swindon.
MARY ELIZABETH WEATHERDON . I am the daughter of Robert Weatherdon, of Palace New-road, Lambeth—he is a tailor. I knew the prisoner Tapson at Launceston, in Cornwall—I had a very slight knowledge of him—I had seen him when I was there with some friends—about a week before the 31st of March he came to my father's house—he said he had seen me at my friends, and came to let me know how they were—he asked if we could recommend him a lodging—we said he might have a bed at our house, and he stopped—on Tuesday, the 31st of March, he said he was going out, and would take my little brother, and bring him home in the evening; that he was going to meet my cousins, who live at Launceston, and were coming by the railway, and he should bring them to our house—I was not aware they were coming up—their name is May—he went out with my little brother, Edwin, a little after ten o'clock—I did not see him again till a quarter past ten o'clock at night—I went out in the afternoon, and returned at a quarter past ten—Tapson was then up stairs at my father's house, and the prisoner Beard was down in the kitchen—my brother Edwin was at home—Tapson came down stairs in about a quarter of an hour—he said he could not get the key to fit his box, and he should be obliged to cut it—he had got a knife before I came home—he said this in Beard's presence, and Beard asked if he had got any cream—he said no, they had not sent anything of the kind—he had cut the box open then—when Tapson was up stairs Beard said he wished he would make haste and come down, for he wanted to get home—he remained about a quarter of an hour after that in the kitchen—a few words passed, and then he left—he said as he left that he should try and get Tapson in to hear the trials at this Court next morning—Beard was quite a stranger to me before—I am sure he is the person.
Cross-examined by MR. PARRY. Q. I believe Tapson's father is a very respectable man in Cornwall? A. Yes—he was at his father's—I know he has property there himself—I had some reason to expect Mr. May, one of my cousins, in town—Tapson knew him—Tapson had told me he expected his luggage from Cornwall—he brought none with him, it was somewhere down at Woolwich—a few days after he came to our house he showed a letter from his father, and said he expected some things up, and he rather thought it would be some cream—he did not mention anything but cream—he promised to let us have some—my brother is eight years old—he is a sharp boy—my cousins came to town next day, and are in town—they do not reside with us—I see them constantly.
Cross-examined by MR. BALLANTINE. Q. I believe you had never seen Beard before that day? A. No, nor after, till he was in custody—he never came to make inquiry at our house—I saw him in the kitchen when I came home—he did not go up stairs at all—my father was in the kitchen with him—Tapson was up stairs when Beard said, he wished he would make haste—he left about a quarter of an hour after Tapson came down—or not quite so long—
Tapsondid not go away that evening—Beard went alone, and did not lake anything with him—I did not see the portmanteau—Tapson said, he had met Beard at his brothers, and he accompanied him to the railway—Beard was not present.
MR. CLARKSON. Q. Did you hear from Tapson that he had been living for three months before at Woolwich, before he came to you? A. Yes—he never mentioned wearing apparel or anything, but cream coming from hit father—I know his father very well, but know nothing of him.
EDWIN WEATHERDON . I am eight years old, and live with my father at Palace New-road, Lambeth—I went out with Tapson on Tuesday the 31st of March, in the morning—I remember going to a place where there it a large archway—Tapson took me to the Ship public-house, near the archway—we staid out all day—he changed a coat at the Ship—he took me to Covent-garden market—we left there about four or five o'clock—Tapson took a cab, and we went in it to Mr. Beard's, which is a large coachmaker's-yard or place—I do not know where—the prisoner Beard was there—we staid there a quarter of an hour—Beard came away with us—we went to a beer-shop, and had something to drink—Beard came away with us—he said, "I will go with you"—we left the beer-shop—after I left I became sick in the cab from the drink—they walked a little way from the beer-shop, then got into a cab, and rode to the Great Western Railway—they talked together as they went—I do not know what they said—we all got out at the railway, and the cab waited for us—we staid there about half an hour—I saw Davey and Myers the porters there—the prisoners spoke to them—they had some beer together in the lamp-room at the railway—when the train came up, Beard called out May, May, several times—Tapson was then up higher, picking out the portmanteau—I was with him—Beard was two or three carriages off—Tapson picked the portmanteau from one of the carriages, and said to me, "Come, take hold of it a little way," which I did, and he held the other end—we carried it to Beard—then he took hold of it, and they carried it to the cab which was waiting outside—they put it into the cab, we all got in, and rode to the New Inn, Edg-ware-road—they got out, and went into the beer-shop, drank something, and then came out again—then we all rode home to my father's house at Lambeth—they came in together—the servant took the portmanteau in—the coachman told her to do it—she took it down stairs, and put it by the kitchen door—it was such a portmanteau as the one produced—when the cab man was gone, Tapson took the portmanteau up stairs into his room, and I then went to bed—I showed Collard the different places I recollected Tapson to have gone to that day.
Cross-examined by MR. PARRY. Q. Did anybody besides Collard go with you to the places? A. Yes—that gentleman (the solicitor)—they took me to the places—I had described the places before—there was a good deal of drink taken at each of those places—we did not go to four or five places—they drank some ale and gin—I drank a little, which made me sick—I do not know whether Tapson was tipsy when we got to the railway—I never looked at him to see—I do not remember his falling asleep when we were coming home in the cab—I was not asleep in the cab—they did not drink at quite every place where they stopped—Tapson had not told me where he was going when he went out—I know Mr. May—he told me he was going to meet them at the railway—he did not say anything to me about expecting a portmanteau himself—I heard him say he expected something from the country from his father—he said he was going to the railway to get some cream—I never heard him say he expected a parcel also.
Cross-examined by MR. BALLANTINE. Q. You never saw Beard before?
A. No—when the train came in, he went up towards the carriages shouting out "May!"—that was the name of the people we expected—it was one of the open trains—a great number of people came up by it—I went out early with Tapson, at ten o'clock—I went to Mr. Beard's, a carriage-maker, somewhere in Clerkenwell—I went there with the officer afterwards—when I was there, I saw the prisoner Beard for the first time—there was a woman and a man there—I did not hear the woman introduce Beard to Tapson—I did not hear anything said about who Tapson was—when I and Tapson went in, the prisoner Beard was standing—the woman was making tea—there was another man there, Mr. Beard—Tapson said, "How do you do, sir?"—I am not quite sure the prisoner Beard was standing up when I came in—the "How do you do?" was said to the man who was in the room—he said it to both of them—he only said it once—he shook bands with one of them, and I think with both, but I have not a very distinct recollection of that—I have told all that took place—I did not hear Mrs. Beard introduce Tapson to the prisoner Beard as a person who knew some friends of theirs at Launceston—I never heard Launceston or Devonshire mentioned—I did not hear the country mentioned—I did not hear the friends spoken of that were at Launceston—I was in the room with Tapson and Beard the whole time, until I left the house—I was there about ten minutes—I do not know what they were talking about—I do not recollect the conversation—I cannot recollect whether Launceston was spoken of or not—they went off together—perhaps Mrs. Beard told him to go—I recollect nothing of her telling him to go—I never heard Tapson ask him to go—I do not recollect who went first—Tapson gave roe some drink—he paid for some of it—some other people gave me some.
MR. CLARKSON. Q. Did Beard pay for any of the drink? A. Yes, it appeared to me at Beard's brother's house that Tapson and Beard did not know one another—I have not had any thing to drink to-day—I had often been to Beard's house before with Tapson—I have taken tea there—I had not seen Tapson at his brother's house before.
ELIZABETH CURTIS . I was servant to Mr. Weatherdon. On the 31st of March last, I saw Tapson in the middle of the day—he came again in the evening in a cab, there was a person, with him—I cannot say that Beard is the man, I know his voice, but not his person—he was a very tall man, taller than the other prisoner—the cabman gave me a portmanteau at the door—I took it down stairs to the kitchen door—Mr. Tapson carried it up stairs to his room—toon after he asked me for a knife, which I gave him—I saw him at half-, past six next morning—he went out—he had a small bundle with him—he returned in about half an hour—he was not ten minutes in the house before he went out again, and carried out a large bundle then—he came back and went out a third time at about half-past seven o'clock—he went out four times—he did not take anything out the third time—he came home to breakfast—the last time he went out was about ten o'clock that morning.
JOSEPH DAVEY . I am a constable of the Great Western Railway. On Tuesday, the 31st of March, a little before eight o'clock at night, I saw the two prisoners on the platform of the railway together—I did not see them arrive—the little boy was with them—the train came in at eight o'clock—Tapson told me he expected to meet a friend by the eight o'clock train, and asked me the time it arrived, and what time they left the different stations—he continued in conversation with me until nearly the time that the cheap train came in—I am not sure that Beard spoke to me at all, but he was in conversation with Tapson, and heard what passed between us—after the train came in Tapson said his friends had not arrived, and most likely they would
arrive by the next train, which was half an hour after that, and asked me when it would arrive—I told him—after that Tapson said I had been very civil in giving him all the information I could, and asked me to take a glass of ale—I accepted his invitation, we had the ale in the lamp room—Beard was with us and partook of it—we were not more than five minutes in the lamp-room—the train came in—a man calls out when it is in sight—I did not see either of the prisoners afterwards.
Cross-examined by MR. PARRY. Q. A train arrived while they were there? A. The eight o'clock train did—when the trains arrive the porters take the lug-gage off the vans, and put it on the ground—that is not my duty—there is a barrier for the passengers to claim their luggage at—I did not hear "May" called out—Tapson showed me a letter, and said, "I expect this friend, this is a letter from him." JOHN WILLIAM MYERS. I am a porter at the Great Western Railroad. On the 31st of March I was in the lamp room and remember Davey bringing the two prisoners in there.
Cross-examined by MR. PARRY. Q. Did you hear May called out? A. No, I was not on the platform.
WILLIAM AYRES . I am shopman to Mr. Foyle, a pawnbroker, in the Westminster-road. On Wednesday, the 1st of April, a few minutes after seven o'clock, the prisoner Tapson came to the shop, and brought a satin dress, a black satin pelisse, with a cape to it—I valued them at from 8l. to 10l.—he asked for 16s. on them—that created my suspicion—I asked him whose they were—he said they were his own, that a young woman gave them to him a fortnight ago—I asked him where he lived—he said at Gravesend—I asked him the reason of his coming all the way from Gravesend with them—he said he slept with a friend in Red Lion-street the night before—I asked him the reason he came all the way from Red Lion-street, Holborn—he said he came with his friend to Charing-cross, and just came over the bridge to pledge them—I said I should be justified in detaining them till I inquired further into it—he said something about law to me, and I sent the boy after a policeman—he went away before the policeman arrived, leaving the things—when the policeman came he went after the prisoner, but could not find him, and about half-past nine, or a quarter to ten, the prisoner returned—I asked why he left the things behind him—he said he had been to acquaint a friend of the circumstances he was placed in, as he did not wish to be locked up—the boy was gone after a policeman then the second time—Tapson was talking to Mr. Foyle, and said a young woman gave them to him the day before to pledge for her—she had come out of the country, and spent more money than she ought to have done, having been seeing the gaieties of London, and he being a friend, she gave them to him to pledge for her—Radford, the officer, came in and took him.
THOMAS WILLIAM RADFORD (police-constable L 52.) On Wednesday, the 1st of April, I went to Foyle's shop, in the Westminster-bridge-road, and saw a satin dress, a polka, and a cape there—I went a second time, and saw the prisoner Tapson there—I asked him where he got the dresses from—he said he got them from a Miss Cater—I asked where Miss Cater lived—he said at St. John's Wood—I said, "St. John's Wood is a large place, can you tell me the name of the street, or the number?"—he said he could not—I took him to the station—he stated there that he slept with Miss Cater's bro-ther the previous night—I asked him where Mr. Cater resided—he said in a court leading from St. Paul's down the hill, he could not tell exactly where—he gave me the name of the court—I found out No. 4, Stationer's-court—I
made inquiry there, returned, and told the prisoner all he had told me was false—he made some answer to that, I do not recollect what—I searched him, and found a green silk purse, 2l., 3s., a fourpenny piece, and 14 1/2 d. in copper, three duplicates, a pair of silk stockings, a pair of black silk gloves, and some papers, with the name of "Mr. Weatherdon, 16, Palace New-road," on one of them, and "Mr. Beard, 77, Basinghall-street," on another—I went to Palace New-road, and received the portmanteau which I have produced to-day—I found it empty, except a scarf in it—the lock was as it is now, as if cut with a knife—some days afterwards, in consequence of what I heard I went to the Great Western Railway station, and accompanied Collard to No. 77, Basinghall-street, and there found the prisoner Beard—Collard took him into custody, and brought him out of the house—I accompanied him in a cab to the station—when he was in the cab he asked Mr. Collard what his charge was—Collard informed him he was charged with Tapson with stealing a portmanteau from the Great Western Railroad—he said he could bring four or five witnesses to prove he was not out of Basinghall-street that night—Mr. Collard had mentioned the day to him—he denied all knowledge of Tapson—he said he knew nothing at all of him whatever—we found one of these duplicates related to the property stolen—we all went to Weatherdon's together, and Beard there denied all knowledge of having been there before.
Cross-examined by MR. BALLANTINE. Q. He said he did not recognize the house, did not he? A. Yes—he afterwards admitted that he did—Weatherdon's house has not two doors—it is not a corner house—I think it is the corner house but one—I believe there is an area—I do not think there is an area-gate—I did not notice it—I took him to the door of the house at night—I do not recollect that he recognized the house when he got into it—it was afterwards, when he was at the station—I took him into the passage of the house first, then up stairs into the drawing-room—we did not go into the kitchen—I took him into custody between eight and nine o'clock, I think—he appeared to have been drinking a good deal—he was very uneasy and very violent in the cab—I had some difficulty in restraining him—when he was brought into the cab, he sat there some short time—he sat in front of me—he kept hitting his hand up and down, and striking me on my knee repeatedly with his fist and with his open hand—Mr. Collard came in—he said, "I should like to ask what I am here for, what my charge is?"—Collard told him it was on suspicion of being concerned with a man named Tapson, on the Great Western Railway, and stealing a portmanteau on the Tuesday previous—I am not certain he said on the 31st of March—to the best of my recollection, Tuesday was mentioned, but I cannot say he said the previous Tuesday—I cannot swear it was—he said he was not out of Basinghall-street all that day, and could prove it—I do not recollect that Tapson's name was mentioned again to him when he was at the station—the following day he said he recollected Tapson—he was drank—he said he had been at the Great Western Railway that day from Windsor.
ROBERT WEATHERDON . I am the father of the two witnesses, and lire at Palace New-road. The prisoner Tapson came to my house in March, and remained there some days before the occurrence about the portmanteau—I remember his coming home that evening in a cab—the prisoner Beard was with him—Tapson introduced him to me as his friend.
Cross-examined by MR. BALLANTINE. Q. Where did the cab set down? A. At my house—he came into the kitchen, and Tapson went up stairs—Beard was there very near an hour altogether—he appeared to take no interest in what was going on up stairs, but only felt a desire to depart—he did not remain five minutes after Tapson came down—I am quite certain he never
went up stairs—Tapson came down and told me he had cut open the box, as he was leaving the room—he remained up stairs about three-quarters of an hour.
Cross-examined by MR. PARRY. Q. Did Tapson expect something from hit brother from the country? A. Yes, he had stated so when he came in on this evening—he was drunk—I expected the Mays—they came on the fol-lowing evening—Tapson's family are quite respectable: my daughters know them.
FRANCIS JAMES HARRISON . On the 31st of March and the 1st of April I was in the service of Whistler and Edwards, pawnbrokers, in the Strand. On Wednesday, the 1st of April, the prisoner Tapson came about eight or half-past eight o'clock in the morning—our house is about a mile from the Westmi-ster-road—he brought a bundle—I believe this to be the same—here is a muslin dress, three pairs of drawers, two pairs of stockings, ten caps, a shift, a night-dress, a large worked velvet stool-cover, and two pockets—he offered them in pledge—I asked him who they belonged to—he said they belonged to a female in the hospital; I think he said Guy's, and he wished to pledge them for her—I offered him 6s. on them—we reckon the value about 7s. 6d. or 10s.—they are not worth 4l. or 5l. to us: they might be to this lady—I lent him 6". on them—he said it was merely for safety he wished to leave them, and the smallest sum he had would be sufficient—we have frequent occurrences of the same sort; gentlemen will leave 201. worth of plate for 5s.
JOSEPH COLLARD . I am superintendent of the Great Western Railway police. On Saturday evening, the 4th of April, between eight and nine o'clock, I went to No 77, Basinghall-street, and found the prisoner Beard—I asked him if his name was John Beard—he said, "Yes"—I said, "I believe you were at the Great Western railroad on Tuesday evening last?"—he said he was not, he had not been to the railway during the whole week, except that Saturday, that he bad come up from Windsor—I said, "Oh yes, you were there one evening with your friend Tapson; what evening was it if it was not Tuesday?"—he said he knew no such person as Tapson, nor had he been to the railway the whole week—I said, "Why, you went to the railway with Tapson on Tuesday evening last, and came away from the rail-way to the house of Mr. Weatherdon, Palace New-road, Lambeth"—he again denied it, and denied all knowledge of such a person—he said, "I knot no such person as Tapson or Weatherdon in Palace New-road—I was never there in my life"—I told him he mult consider himself in custody on sus-picion of having stolen a portmanteau, in company with Tapson, from the Great Western Railway, on the Tuesday previous—he appeared very much surprised—he denied it—I took him, after some time, to the next street where there was a cab waiting"—I put him in—Radford accompanied us—he made a great noise and abused us, and demanded to know why he was to custody, and threatened me with an action for false imprisonment, and thlt sort of thing—he repeatedly demanded to know what he waa in custody for—I repeatedly told him—he continued to deny all knowledge of all the parties, or being at the railway all thl week—he was recovering, I should say, from the effects of liquor—he knew what he was about—he was in a state of great excitement—he said he could produce I think rive persons who could prove he spent the whole of Tuesday evening in Basinghall-street, in whose company he was—he repeated that several times—I took him to the house of Weatherdon in Palace New-road, and there he was identified as having been there with Tapson—he still denied it in the presence of the Weatherdons—I searched him at the station—I found a piece of paper with
the name of Tapson upon it, it is on the back of a letter, with "Mr. John Tapson, Royal Marine mess, Woolwich"—it is addressed to him, "Mr. John Beard, No. 77, Basinghall-street"—I have been to Woolwich, and found there was a Mr. John Tapson, an uncle of the prisoner's.
Cross-examined by MR. BALLANTINE. Q. I suppose you have not ascer-tained whose handwriting the letter is in? A. No, I have not,
MR. CLARKSON. Q. Were you before the Magistrate at the examination? A. Yes, and heard the prisoner Tapson asked if he had anything to say—he said something which was taken down in writing, and afterwards read over to him, and then the Magistrate put his name to it—this is the statement—this is the Magistrate's signature—(read)—"Beard said he had some keys, and he thought he could unlock it; I fell asleep in the cab: I never had the watch or money; I plead guilty of taking it, and after I opened it, I did not know what to do with the things."
MR. BALLANTINE. Q. Did you hear him say anything about Beard? A. Yes—it might have been that Beard had nothing to do with it—I cannot say—I took notice of what particularly concerned me—I do not think he said Beard was perfectly innocent—I will not swear it positively—he did not, to my recollection, neither before the Magistrate or elsewhere—I have a tolerably good recollection—I think I called at Beard's the morning before I took him into custody—I was not told he was gone to Windsor—I called once when he was denied by a woman—I did not tell her who I was—I did not hear of his having been to Windsor till he told me so himself—I have been to Windsor, and found it was true—I believe his brother to be respectable—I had rather not say anything of Beard—he appeared to be recovering from the effects of liquor—he did not appear very drunk—I think he seemed to know perfectly well what he was about—I have observed many times that taking a man into custody has a tendency to recover him—he was certainly perfectly sober when I took him into custody—I put him into the cab five or six minutes after I took him—he was most anxious to deter me from taking him, as far as threats went—I heard all Tapson said before the Magistrate—he did not entirely exculpate Beard in the presence of the Magistrate to my recollec-tion—I will not swear that positively, but I do not think he did—I do not think he said anything about Beard being not guilty, but I will not swear it positively—I think he did not—the policeman was present.
JOSEPH COLLARD re-examined by MR. BALLANTINE. Q. Have you ever heard that Beard was under charge for anything in his life? A. I have from more than one person—I have heard it at a house in the same street—I do not know the name of the person—there is no person's name I can mention who has ever told me one single thing against him—I produce a certificate of Tap-son's former conviction, from Mr. Sidney Gurney, the clerk of Assize for the Western Circuit—(read—Convicted 26th Feb., 1844, and confined six months.)
TAPSON— GUILTY. Aged 23.—Recommended to mercy. — Transported for Seven Years.
BEARD— NOT GUILTY
1180. JAMES ANDERSON was indicted for burglariously breaking and entering the dwelling-house of James Robins, about the hour of three in the night of the 5th of April, and stealing therein 1 coat, value 3l. 10s.; 1 handkerchief, 3s.; 1 knife, 4s.; and 9 spoons, 3l. 13s.; the goods of said James Robins; to which he pleaded
GUILTY . Aged 43.— Transported for Ten Years.
Before Edward Bullock, Esq.
1181. MARY VINING was indicted for breaking and entering the dwelling-house of Thomas Williams, and stealing 2 gowns, value 5s.; 1 pelisse, 15s.; 4 shifts, 4s.; 1 pencil-case, 1s.; 4 veils, 2s.; and 4 petticoats, 135.; the goods of said Thomas Williams.
ELIZABETH WILLIAMS . I am the wife of Thomas Williams, of Princes-buildings, White Hart-street, Kennington—it is his dwelling-house. The prisoner lodged with us, but had left about nine weeks—on Friday, the 24th of April, between twelve and one o'clock in the morning, she came to the house—I went out afterwards, locked the door, and took the key with me—I shut all the windows down, I am quite certain—I cannot say whether I fas-tened them—I left nobody in the house—I returned about a quarter to eleven at night, and found everything disturbed—the door and windows were just it I left them—I missed the articles stated in the indictment, which I had seen safe hanging up in the room up stairs before I went out—the pencil was in a box—this dress produced is mine—I found this ring on the carpet.
MARTHA WATTS . I am the wife of George Watts, and live next door to the prosecutrix. On Friday, the 24th of April, between one and two o'clock in the afternoon, I saw the prisoner pass my house towards Mrs. Williams's house—I knew her before—I heard her say, " Eliza," at the door or window—I did not hear any answer—I went out about ten minutes afterwards—I was gone ten minutes, and on returning I met the prisoner, about the length of this Court from the house—she had got this dress on, and a gown with her, which I knew to be Mrs. Williams's, and a small bundle under her arm—I said nothing to her—I afterwards heard of the robbery,
MARY WITHERS . I live near the house. On Friday, the 24th of April, I saw Mrs. Williams go out, and about a quarter of an hour after I saw the prisoner going towards Mrs. Williams's house—I saw her about twenty minutes afterwards coming away, with this dress on, and a polka on, and a bundle under her arm.
LUCY PHILLIPS . I know the prisoner—on the 24th of April, about five minutes to three o'clock in the afternoon, I saw her with a polka on—I thought she had been locked up, as she came from the direction of the police station—I said, "Have you been locked up?"—she said, "No; I want to speak to you: I have got a silver pencil-case, I nailed a bloak of it last night; do you think I can pawn it for 1s.?"—I said, "I don't know"—she had a small bundle under her arm.
JANE OVERMAN . I live in Princes-street. On Friday morning I went out to walk with the prisoner towards Kennington—I went to the prosecutrix's house with her—Mrs. Williams was going out to dinner, and on our return towards home she said it would be a lark if anybody would rob her—I saw nothing more of her for two hours, and then she returned with the same dress as she went out in, except a pair of mitts, which she said a friend had given her—she had a common ring on in the morning when I went out with her—it appeared very much like the ring produced.
WILLIAM ATLEE (policeman.) I took the prisoner in charge on the 26th, two days after the robbery—I told her she was charged with robbing Mrs. Williams of wearing apparel—she said she knew nothing about it—I showed her the ring, and she said it was hers—the house is in the parish of St. Mary, Lambeth
Prisoner's Defence. I know nothing about it.
GUILTY of stealing in the dwelling-house, but not of breaking. Aged 19.— Confined Nine Months.
Before Lord Chief Justice Denman.
MESSRS. BODKIN and HUDDLESTONE conducted the Prosecution. CHARLES PEARCE. I am a labourer in the employ of Mr. Hiscock, a bricklayer, at Greenwich. On Thursday, the 22nd of Jan., I was employed in the yard of a house near the Globe, at the Royal-hill, Greenwich, searching for a cess-pool, and while digging I found a small coffin, which had been covered with green baize—my pick-axe broke the lid open, and there was an infant in the coffin—I left the coffin in the hole, covered it over with some dirt, then went for my master, and told him what I had found—he came back with me—I showed it to him—he said he would see further into it, and I left it covered up in the place.
JOHN HISCOCK . I am a bricklayer, and live at Greenwich. On Thursday, the 22nd of Jan., some of my men were working at a house on Royal-hill, Greenwich—I know the prisoner William Richardson—he resided in that house towards the autumn—in consequence of a communication from Pearce I came with him to the house, and saw a coffin, which was taken out of there and placed in the kitchen of the house—I left the house locked up, and I kept the key till next day—nobody lived there—I gave information to the beadle that day—I saw the coffin again next day—it remained in the house-locked up that night—on the following day I went with Herrington and another constable to the house, and took it away to the Morden Arms.
JOHN HERRINGTON . I am a beadle of Greenwich. On Friday, the 23rd of Jan., I assisted Larking in taking a coffin to Mr. Walker's, Morden Arms—Mr. Hiscock was with me—I gave it to Mr. Walker—I put it on his premises.
THOMAS LARKIN . I am a constable, of Greenwich. On the 23rd of Jan. I accompanied Herrington and this coffin from the house to the Morden Arms—I put it into the coal-cellar, locked the door, and gave the key to Mr. Walker, the landlord—I afterwards gave information to the Coroner—I went to the Morden Arms next day, the 24th, when the Jury were there—Dr. Mitchell was there about four o'clock that afternoon at the Coroner's Inquest I showed him the coffin—he took the child out of the coffin and opened it—no part of the child was taken away by him at that time—after the Inquest I took the coffin to the bone-house in the church-yard—(that evening, the 24th,) the whole of the body was in it—I locked it up in the bone-house—the key remained in my possession—on Friday, the 30tb, it was removed from the bone-house—I took it to Dr. Mitchell—I left the body there and brought the coffin away.
JAMES THOMAS WALKEB . I am landlord of the Morden Arms, Broad-street, Greenwich. On the 23rd of Jan. Larking brought a coffin to my house—it was put in the cellar—I had the key—nobody had access to it but Dr. Mitchell—Larking took it away on the 24th.
THOMAS OAK MITCHELL . I am a surgeon practising at Greenwich. On the 23rd of Jan. I was called to see the body of the child—I made no internal examination of it that day—I went again on the 24th—I then examined it—it was so decomposed that it was impossible to tell the cause of death from
an internal examination—I removed a portion of the contents to undergo chemical analysis—I took out the contents of the abdomen—they were all mixed together from decomposition—I put it into a new earthen vessel, and removed it, with my assistant, to my own house—it was subjected to various chemical analyses—it was done by myself and Mr. Hatch and my assistant—my experiments enabled me to find out that the results were not such as I ought to have had, had not something out of the common course been present—it enabled me to imagine that arsenic was present—I conjectured that arsenic was present—I stated my suspicions to the Coroner—I did not deliver the contents of the stomach to any one—in conesquence of what I suspected from the examination of the parts I took, the remaining portion of the body was given to Dr. Leeson—a jar was given to him, into which I placed the remains of the body of the child—this was another jar—the other contained the contents of the abdomen—that was not subjected to any further examination—it was lost sight of—the remaining portion was put into a jar—Larking had brought the coffin to my house—the contents were put into a jar, which was tied over and sealed by him and myself—I conveyed it to St. Thomas's hospital—it was the whole of the body except the parts I had first taken, which was but a small portion—the greater part had run out and got into the coffin—I delivered the jar at St. Thomas's Hospital to Mr. Heisch, Dr. Leeson's assistant—I left it there on Friday, the 30th of Jan.
Cross-examined by MR. CLARKSON. Q. Did you find the body in a state of all but entire decomposition? A. The internal part of the body entirely so, but the body itself was not so—that enabled me to ascertain the sex-to the best of my belief the child had been born alive—I could distinguish there were eyes without telling the colour—it was not all in a pulpy state—I have not got either of the vessels here in which the portions of the body were placed—I cannot say what became of them—I cut the body into four pieces, and put it into a common glazed porcelain jar, a new one—I went for it, and bought it myself at a shop on the Royal-hill, of a man named Jaggers, or something like that—I bought it that afternoon, as I wished to send it the following day, Thursday, the 29th of Jan.—I placed the jar in my own surgery, in a cupboard, which I locked—I am speaking of the second jar-before I cut the body to pieces I put the contents of the stomach into a white porcelain jar, one of which I used for medical purposes—it belonged to Mr. Heisch—Mr. Heisch did not go with me when I took the contents of the stomach from the coffin—I put what I took from the coffin, mixed with the sawdust and dirt of the coffin, into a white porcelain jar, which I got from Mr. Heisch—it had been lent to me some time before to make galvanic experiments, for holding sulphuric acid for a galvanic battery, which I use for some of my patients—I used it for nothing else—part of the contents of the first jar were thrown away, the rest, I believe, is lost—two or three small phials of the contents of the stomach were in Court last time I was here—the rest have been thrown away—we first boiled the contents of the stomach with an equal quantity of distilled water, and filtered it, and a portion of the fluid was tested for various poisons, first, for oxalic acid, and found there was nothing to render that poison present—we then tried for mercury and various others, and at last for arsenic; for which purpose we used sulphate of copper, ammonial nitrate of silver, and that gave an appearance which induced us to think arsenic was present—the ammonial sulphate of copper gave a green arsenious appearance, and the nitrate of silver a white—we then tried Marsh's test; subsequently, some days after we tried experiments with the remaining portion—I applied copper, which is Reinsche's test, which produced a greenish appearance—nitrate of silver gave a shadowy, cloudy appearance
Marsh's test is burning hydrogen gas in a tube—that produced a black appearance on glass; and subsequently Dr. Leeson applied other tests.
Q. Suppose sulphate of copper was applied to a body dying by fair means, not infected by poison, can you tell me what would be the result? A. I am not able—nitrate of silver might have been similar to what I have stated—in Marsh's test I do not think the result would be the same—there would be no mark at all upon the glass—I have tried that before in one case, and there is no appearance whatever on the glass, not even a cloud—on the other was this dark cloudy appearance—it was seven or eight years ago that I tried the experiment, and found no appearance at all—I recollect seeing the experiment tried—it was to test the accuracy of Marsh's test in detecting a small portion of arsenic—it was tried on some fluid which had been brought by a medical man to be tested.
Q. You mentioned Reinsche's test, which is considered, I believe, the best? A. That is different altogether—it is with copper—we boil the bright copper and the suspected liquor, and the copper comes out a dark colour, these experiments led me to that conclusion—I never tried Reinsche's test before—the jar, containing the remainder of the body was with me part of the day, till conveyed to Mr. Heisch—it was under lock and key, tied over and sealed—it was delivered to me on the 29th—I took the four pieces of the body to Dr. Leeson on the 30th.
MR. BODKIN. Q. Dr. Leeson had nothing at all to do with the parts of the intestines you experimented upon? A. Nothing at all.
CHARLES HBISCH . I am assistant chemical lecturer at St. Thomas's hospital. Dr. Leeson is the principal—on the 30th of Jan. I removed a iar to the hospital from Mr. Mitchell—it was covered with leather, and sealed over—I was present when it was opened the following day—in the meantime it remained sealed up in a small room at the back of the laboratory—when it was opened Dr. Leeson and myself were present—we found it contained part of the remains of a child—we experimented upon them, and discovered a certain portion of arsenic—the first thing we did was to fill the jar with boiling distilled water, with the body in it—the contents of the jar were then washed out in a perfectly clean dish, made of Berlin porcelain—two legs and one arm of the child were then taken out of the dish, as not likely to contain poison—the other arm was so decomposed that the flesh all came off—I could not take it away, and the rest was placed upon a sand bath and boiled for about half an hour—as many of the bones as possible were then taken out, and a portion of perfectly pure hydrocloric acid was added to the contents of the dish, which were boiled, except the bones—it was boiling at the time I added the acid—it was then boiled a short time longer, and filtered through a linen cloth, and a portion of the liquor, which was filtered through the cloth, was boiled with a piece of perfectly pure and bright copper—this copper, after being boiled, appeared covered with a dark coating, which coating we believe to be arsenic: but further to ascertain whether it was so, the copper was introduced into a piece of hard German glass tube, which was heated, and the whole of the dark appearance disappeared from the copper, and was transferred to the glass tube—this tube was then heated, and a small amount of air being allowed to pass through it, after the copper was removed, the dark stain which had before been on the tube disappeared, and we obtained a white crust, which being examined with a microscope, consisted of white octohedral crystals, which confirms the presence of arsenic—a small portion of pure distilled water was then boiled on these crystals in the tube, by which the crystals were dissolved—the liquor was then poured into a glass to one portion of which we added ammonial sulphate of copper, which gave a green precipitate—to another portion we. added ammonial
nitrate of silver, which gave a yellow precipitate—to a third portion we added sulphurated hydrogen gas in solution, which also gave a yellow precipitate, and from these tests we were able perfectly to conclude that arsenic was present—as nothing but arsenic could have produced all these results—other experiments were used, simply with a view of ascertaining the quantity of arsenic present—we separated from other portions of the body which we had, about four grains and one-tenth of a grain of arsenic—I had rather not give an opinion whether that was sufficient to cause a child's death.
Cross-examined by MR. CLARKSON. Q. Have you preserved any of the 4 1/10 grains of arsenic? A. There are portions preserved—no other substance could produce all the results we found from these various experiments, that is as far as I could judge—we are discovering new poisons at times by new tests—it has been said by some persons that the bones of the human body contain arsenic—I have known experiments made with a view to ascertain that fact—it is believed by the faculty that there is arsenic in some kinds of earth—arsenic is originally taken out of the earth—it is sometimes found in ores of copper, in nickel and various other metals found in mines—it is to be found in the earth from which copper is taken—it is very frequently found in combination with copper—I experimented with the body and found 4 1/10 grains of arsenic—a portion was in solution, and a portion in a metallic form—we separated 4 1/10 grains from the body—there might be more—a portion of that adheres to some copper—a portion has been applied to tests, to make our-selves sure it was arsenic—and a portion has been very probably thrown away—the portion which adheres to the copper is, I believe, in the possession of Dr. Leeson—it has not been administered to any animal to test it
MR. BODKIN. Q. Youhave been asked your belief of the human bones containing arsenic, is it a very small quantity? A. I do not believe that belief is common among scientific people—I have seen tests applied to discover it from bones, but never knew any separated from bones at all.
Q. You state arsenic is sometimes found in combination with copper—you used copper with the experiments? A. Yes, but the purity of the copper was ascertained before we used it—we tested it—no arsenic was present there—the purity of the copper was ascertained by boiling it in pure hydrocloric acid—it was not necessary to try the arsenic on animals to satisfy me.
COURT. Q. Would such an experiment have satisfied you it was arsenic? A. Not more than before—it might have satisfied me it was poison, but I could not get it into a shape to give it to an animal—it was not absolutely necessary to use a Berlin porcelain dish, but they are cleaner than others, and bear a greater portion of heat—the things were brought to me in an ordinary pickle jar—I imagine from its appearance it was glazed with salt.
HENRY BEAUMONT LEESON . M.D. I am physician to St. Thomas's hospital, and lecturer on chemistry and forensic medicine—I received from Mr. Heisch a jar, containing the remains of a human body, upon which I performed experiments—I have heard Mr. Heisch's evidence, and agree in the correctness of his details—I made, however, other experiments, in addition to those described by Mr. Heisch—I conducted the analysis myself, except the first boiling, which was done in my presence and under my directions, by Mr. Heisch, in distilled water, the purity of which, and of every other article used in the analysis, was examined—the Berlin dish, the cloth, the water, the muriatic acid, everything else used, were previously tested by myself, to see that they were perfectly pure—I will produce the two pieces of copper with which the examination was made—I took two pieces of copper made clean and bright, by dipping them in a mixture of nitric and sulphuric acid, which removes from the surface of the copper any impurity that may be present on the surface—I took a portion of the liquid in which the body had been boiled.
and taking a similar quantity of the muriatic acid employed, and mixing it with an equal quantity of the distilled water previously made use of, I then took the two pieces of the bright copper, and put one into the one liquid and the other into the other liquid, and then boiled them—the one piece of copper which was put into the muriatic acid and water remained bright, whilst the other piece had a coating of arsenic deposited on it—this is Reinsche't test that arsenic was present—to prove that the deposited metal was really arsenic, I placed a portion of it in a German glass tube, as detailed by the last witness, and subjected the end of the tube, containing the copper, to a strong heat, which had the effect of subliming the arsenic from the copper—I put my nose to the end of the tube and smelt the strong characteristic smell of arsenic—I then allowed a current of air to pass through the tube—after removing the copper, the arsenic being sublimed on the surface of the tube, and forming there a dark metallic crust, which is peculiarly characteristic of that metal, this current of air converted the metallic arsenic into an oxide, i.e. the arsenious acid, which formed on one portion of the tube minute crystals, which are peculiarly characteristic of arsenic being present—when I examined it with a microscope, I ascertained it to consist of small octohedral crystals—I dissolved the crystals in distilled water, one portion of which when tested with the ammoniac nitrate of silver produced a light yellow precipitate—to another portion I added ammonia sulphate of copper, which produced a green precipitate, called Scheele's green—by this method of analysis we get rid of all the fallacies which ordinarily attach themselves to these tests, when organic matters are present, and I consider no fallacies can arise—I took another portion of the liquid in which the body had been boiled and subjected it to the action of galvanism, using a platinum pole at one extremity of the battery, and a portion of clean copper to the other and in this manner also obtained the precipitate of metallic arsenic, which I have here—this when first precipitated was very bright and silvery, but by keeping it has become partly oxidated—there is now a small portion of white arsenic on the surface, which is also another indication in my mind that the liquid contained arsenic—having obtained by sublimation from another piece of the copper the metallic arsenic in a glass tube, I subjected it to a further test, which is a modification of a test commonly known as Marsh's, which in the manner generally used is subject to objection—I took a quantity of pure sulphuric acid and water, and a portion of pure zinc—the zinc was placed at the bottom of a tube, and that tube placed in a glass vessel containing the dilute sulphuric acid—to the inner tube was attached another tube, for the purpose of collecting the hydrogen formed by the action of the acid and water on the zinc, and this tube dipped into a second double necked bottle containing a solution of ammonia sulphate of copper—the gas after bubbling through this solution was then passed through the tube containing the metallic arsenic, which was attached to the second neck of the bottle—my reason for doing so was that if any impurity had escaped me as existing in the acid or the zinc employed, the ammomia sulphate of copper in the second vessel would have separated it, and thereby rendered the hydrogen gas perfectly pure—the hydrogen gas thus formed being thus led through the tube containing a portion of the metallic arsenic sublimed from the copper, and the other extremity of that tube being drawn out to a fine point, I held it over this small vessel of porcelain, on which it deposited by burning a portion of the metallic arsenic resulting from the decomposition—I have here the small cup with the black metallic stains, but, from keeping, a small portion of the stain has disappeared—when I first w it, as even now, it exhibited a black metallic stain of arsenic
Q. What is your opinion from the various tests of the existence of arsenic which you formed by boiling? A. I have not the least doubt that the body contained arsenic acid or common white arsenic—I would explain with regard to the amount of arsenic stated by Mr. Heisch to be present, it is quite obvious that in making a great variety of experiments, and particularly the preliminary experiments, which I made with a view to discover arsenic or any other poison which might exist, that portions of the liquid must be used for the purpose—the plan I proceeded on was to divide the liquid into several measured portions, and it was by the examination of one such measured portion that I ascertained the total quantity present in the liquid to be 4 1/10 of a grain—there were eight or nine portions into which the liquid was divided—I am perfectly sure that from the whole liquid there was 41/10—it must have been equally diffused through all the liquid, and I was very careful in measuring it.
Q. Would that quantity be sufficient to cause death? A. It would in a child—I believe less, but it would depend in a great measure on the state of the child's stomach.
Q. Supposing arsenic to be given to a child whether in food or otherwise, what would be the appearance on the child afterwards? A. First of all we might expect very great pain in the stomach—we should probably observe a redness in the throat and the internal part of the mouth—there would be in a short time after small vescicles or blisters about the tongue or throat.
COURT. Q. Something like the thrush? A. Very much like the thrush, and we should have the general symptoms which attend inflammation of the stomach, such as great thirst, a burning sensation in the throat—vomiting is one of the earliest symptoms—there might or might not be foaming at the mouth—it would be attended with very great pain—I examined some earth which was brought to me by the witness May, to ascertain whether there was arsenic in it—there was none present.
Cross-examined by MR. CLARKBON. Q. Do I understand that previous tests which have been relied on by the faculty have, by more discerning persons, been considered fallacious? A. Marsh's test has been much referred to previously, but it is fallacious unless great care is taken in using pure sulphuric acid and zinc—those of commerce both very commonly contain arsenic—I would not rely on Marsh's test alone—it is usual before adding the suspected liquid to try if it produces a stain—if it does not it may be inferred that the sulphuric acid and zinc are pure, but I have found this sometimes fallacious, for, having kept the apparatus at work all day I have found that sometimes it would show arsenic and at other times there was none—this would depead upon a small isolated portion of the zinc containing arsenic becoming dissolved, although other portions of the zinc might be pure—Reinsche's test is quite a modern one—the faculty principally rely on that now, in conjuncttion with the further examinations of the crust deposited in making use of that test.
Q. I am afraid it must be admitted that in all matters of this kind, notwithstanding unusual endeavours, accompanied by very great acquirements and intelligence, are employed to discover the presence of poison, there has been found considerable difficulty in arriving at a satisfactory conclusion A. I think the difficulty you speak of applies to the general imperfection of the vessels made use of—there are some things which in themselves cannot be subject to any fallacy—others again may, if carelessly applied, produce fallacious results.
Q. But in any test arrived at by the use of any metal containing in itself what you are seeking to find elsewhere, does it not necessarily follow that
there would be great danger? A. No, not in the present case—if the articles you use themselves contain poison, then your whole results may be fallacious, therefore I always make it a matter of examination to see the articles themselves do not contain the substance—I made a further examination after Reinsch's test—I examined the copper made use of in the first instance—I took a piece of the whole copper, and ascertained it was pure copper by dissolving a portion of it and examining the solution thus obtained—there was no arsenic in it.
Q. You saw none? A. I saw none—I am sorry to say I believe there have been cases where poison was said to be present, but I consider the experiments to be fallacious—as to the individual test of Reinsch's, which consists in the deposition of arsenic on the surface of the copper, I should not be satisfied with that alone: it is by further examining the deposit, and from all the tests used, that I conclude that there certainly was arsenic present.
MR. HUDDLESTONB. Q. After the experiments you made have you any doubt of the presence of poison in this child? A. I have not, nor have f any of its being arsenic.
Cross-examined by MR. CLARKSON. Q. When did you get it? A. On the 25th of Feb.
COURT. Q. Did Dr. Leeson send you for it? A. No, Larking sent me.
Cross-examined. Q. At that time had the earth been dug over? A. The hole was filled—I dug about a foot deep—I had not been to the hole before.
DR. LEESON re-examined. I sent the boy to procure some of the ground, that I might ascertain whether there was arsenic—I judged that it might be material—I knew it had been asserted that the earth in churchyards contained arsenic, and thought it possible such a question might arise in this case.
Cross-examined. Q. What quantity did you test? A. About half a pound.
COURT. Q. Do you know arsenic to have been produced from earth? A. No, I believe the assertion to be incorrect—I have made the experiment on former occasions—I did not entertain any doubt which led me to make the experiment.
MR. CLARKSON. Q. In the course of your reading have you not found men of science and skill, both English and foreign, have a different opinion on this subject? A. Very often.
came to my house and asked me what apartments I had to let—I told him a front room on the first floor—he looked at it and engaged it—he said he wanted it for his daughter, who was near her confinement, and her husband was gone abroad—he wished the place to be comfortable and quiet—on Sunday, the 14th, he came again with his wife—the prisoner stated that his daughter's name was Mrs. Robinson, and her hns-band had gone abroad for two years—on Monday, the 15th, the female prisoner came to the house—her father and mother came with her and left her in the house—Mrs. Richardson stopped with her until next day—on Wednesday, the 17th, about three or four o'clock in the afternoon, the male prisoner came again—he was alone—the female prisoner was in bed—she had been delivered of a male child that morning before he came—Mr. Wood, the surgeon, was present at the birth—the child was not put to the breast—Mr. Richardson desired that it might not be put to the breast—he said his daughter was in too delicate a state to nurse the child—as a mother, myself, I did not consider her so—the child was apparently healthy—it was fed upon tops-and-bottoms, gruel, and rusks—the rusks were kept on the sideboard—I fed the child generally—on Wednesday, the 24th, a week after it was born, it became less well than it was at first—it was well up to that day—on that day the male prisoner was there—he came alone about four o'clock in the afternoon—the child was not ill before he came—he remained until something like eight o'clock in the evening—I do not remember whether he had remained in the house all that time, or went out and came in again—I was not with the prisoner all the time he was in the house—his daughter was in bed—he remained in the room where his daughter was while he was in the house—I was in and out of the room—he had tea there with his daughter about five o'clock—between four and five o'clock, I think, I left the room for about half an hour to dress—I do not remember that I was out of the room, down stain, after that—(I remember leaving the room on the Thursday while Mr. Richardson was there—I left to fold the clothes which I had been washing on the Wednesday)—I was occasionally in and out of the room after five o'clock—on Wednesday evening the male prisoner left about eight, and between eight and nine o'clock the child was taken with violent screaming—it might be about nine o'clock, from half an hour to an hour after the male prisoner left—it continued in violent screams all night—I had to walk the room the whole night with it in my arms—it screamed until it could scream no longer—it was so hoarse it lost its voice—I remained up with it all night, and next morning Mr. Wood, the surgeon, came to visit the mother—he was not sent for—he saw the child—he sent some powders and a lotion for it—the child's eyes were very much inflamed after the screaming—I gave it one of the powders on the Friday—the day after it was taken ill the male prisoner was there—the doctor was fetched on the Friday to see the child—it was asleep I think when he called—Mrs. Richardson came to my house that day, Friday, and remained all night—I was informed by her of the death of the child at four o'clock on Saturday morning—on Thursday and Friday the child had a slight appearance of the thrush in the mouth—it appeared to scream until between six and seven on Thursday morning—after that it lay in a stupor—it took nothing after that but thin gruel—on Friday morning the female prisoner wrote a letter to her father—it was taken to the post by my daughter—on Saturday, the 27th, between one and two, after the child was dead, the male prisoner came to my house—he appeared to be very sorry for the death of the child—he said he was going to take it to Greenwich to get it buried—we were all strangers, and it would be less expensive to take it home to be buried—I directed bio to an undertaker to get a coffin, and on that evening he brought a coffin to my house—I assisted to put the body in the coffin—the coffin was put into t bag by the prisoner, and he carried it away—the female prisoner and her mother went away with him—on the Tuesday or Wednesday (I think) before the death of the child, but not before it was taken ill, I desired Mr. Richardson to get it registered in case of anything—I think it had the first appearance of the thrush on Tuesday—before screams commenced there was a slight appearance of thrush in the mouth.
COURT. Q. You saw the thrush on the Tuesday, that was the day before? A. I am not sure whether it was Tuesday or Wednesday morning that Mr. Richardson was there, but I remember mentioning the thrush to him on the
Wednesday—I thought it was the thrush, and wished him to get the child registered—there was not the least appearance of pain till the Wednesday—I saw the child had the thrush on the Tuesday, and told him it ought to be registered—he went out on business, and when he returned, he told me it was quite right, he had had the baby registered—his daughter asked what name he had given—he said, "Theodore Horatio"—the child was not called by that name—on the Monday after the body of the child was taken away, I obtained a doctor's certificate of its death from Mr. Wood—I gave him the name of the child—the child's food was usually placed in a tea-cup on the hob in the same room as the mother was—when the male prisoner was present, they conversed a good deal in French—not all in French, but a great deal—I beard no French on the Saturday, the day the child lay dead.
Cross-examined by MR. CLARKSON. Q. I suppose you do not understand the French language? A. I do not—I suppose the female prisoner to be about twenty-two years of age—when the male prisoner and his wife came, he give his name and two cards of address, one of his private residence, and one of the observatory, that I might be satisfied who he was—my impression from the beginning was, that the child was a love child—the name of Robinson did not in any degree impose on me—it was on Monday the 15th, that the female prisoner was brought to my house, and on the 17th she was delivered—I was engaged to attend her as a monthly nurse, and was paid so much per week in addition to the price of the lodging—as the child died on the 27th, they went away on that day—I thought I might have trouble to get the lodgings paid for—they were taken for two months—I had some conversation with the male prisoner on the subject, and he executed an agreement to perform the original undertaking—he was in town on the day his daughter was delivered—as well as I remember he was there every 'day for a week, except the Sunday—Mrs. Richardson did not come from the Wednesday after the baby was born; until the Sunday—she has a family—the female prisoner appeared, as far as I saw, kind and affectionate to her offspring—she sympathised with the pains of the child, and appeared grieved at it during the Wednesday night—no one saw it die—I saw it before it was cold—it was then in bed with the mother, by her side—it appeared to die in bed by her side—Mrs. Richardson had been lying in the same bed, but she had come to call me—I had been up two nights with the baby—Mrs. Richardson said, she would watch the baby, and let me sleep a little while—it was part of my duty to be as constantly with the child as I could—I discharged that duty as far as I could—the female prisoner kept her bed three or four days—she sat up in a chair, and took tea while her bed was made, before the baby died, once or twice—it was on the Tuesday that I mentioned to the male prisoner, when he came home, that the child Appeared to have the thrush, and I thought it better it should be registered, in case anything should happen to it—the thrush does not often produce death, but we have got blamed, if they are not registered, if such a thing happens—I know that children are constantly seized with fits of screaming from derangement of the bowels, quite independent of anything except natural causes, but not often for so many hours—I gave the child one of the powders on Friday evening—they came on Friday morning—the doctor was not sent for until the Friday—I am quite positive of that—I did not send for him on Thursday morning the 26th, about nine o'clock—my husband was going by Mr. Wood's shop on the Friday, and called—I expected Mr. Wood to call, that was the reason I did not send for him before—I am quite certain I did not send for him on the Thursday—it was the morning after the child was in screams—the lotion that was sent for the eyes was used three or four times
an hour—I fed the child every day—Mrs. Richardson, the wife of the male prisoner, occasionally fed it—I do not know otherwise—she has said, "I will feed the baby," when I have been going to do something else—that was in the early part of the time—she was not in the house the latter part of the time—I saw her on the Sunday, but not after that, till the baby was ill—she was sent for on Friday morning.
MR. CLARKSON. Q. Did the doctor send the powders the same day that you sent for him? A. Yes—he did not examine the state of the child till the Friday—I spoke to him about the thrush, and he sent a medicine for it—borax and honey—I think that was on the Wednesday or Thursday—I should say Thursday—the day I gave the child one of the powders was the day I had sent for him in the morning—it was then apparently in a dying state—it was in a state of stupor—I did not send before as I thought there was nothing alarming in the screams, having seen children scream before.
COURT. Q. You were in and out of the room on the 24th; were you present at tea-time, five o'clock? A. Yes, all the time—I took my tea with them: I always did—the female prisoner sat in the room with her father—after tea he generally went out for a little walk—I do not remember whether he did so then—I do not remember what time the female prisoner went to bed—she never staid up late—the baby was in bed part of the time, and part of the time in my arms—the pap was on the hob at that time—it was always put there to be kept warm—I generally fed the baby—I fed it on this day—I cannot recollect at what time—I do not remember whether I fed it while the male prisoner was there—it was generally fed every half-hour during the day—I fed it as usual that night upon tops-and-bottoms I think—I did not mix any milk with it.
WILLIAM REYNOLDS . I am the husband of the last witness. I remember the prisoners' coming to my house on the 15th of Sept,—I went out early that morning, and returned about six o'clock—I saw the male prisoner at my house on Wednesday, the 24th of Sept.—I had not been disturbed by the cries of the child before that—my wife was up all that night—I was disturbed for two hours by the child's screaming.
Cross-examined by MR. BALLANTINE. Q. You went for a doctor, I believe, for it? A. Yes, about a quarter to nine o'clock on the Friday morning—I cannot say whether the doctor was there on Thursday.
GEORGE WOOD . I am a surgeon, and live in Bridge-street, Surrey. I delivered the female prisoner of a male child on the 17th of Sept.—it was tolerably healthy—I continued to visit the mother for some days after—her health was very good—on Thursday, the 25th, my attention was first called to the state of the child—the mucous lining of its mouth was inflamed, and the mucous lining of the eyelids also—it was quiet, and not at all in pain, when I was there—I had not observed these appearances before the Thursday morning, except that the eyelids were inflamed previously—I remember remarking to the nurse that the child had the thrush—I thought so at the time—I am not aware that there was any appearance of thrush before Thursday, the 25th—I had not seen the child on Wednesday or Tuesday—my last visit had been on the Monday—I was sent for on the Thursday—Mr. Reynolds came for me about nine o'clock in the morning—I sent some powders for the child on that day—I made them up myself—it was mercury with chalk, soda, and the third ingredient was rhubarb, or compound chalk-powder, I am not certain which—I believe the lotion must have been sent previous to the 25th—I have got no entry of it, but think I must have sent it before the Thursday—I have some recollection of calling on Friday, the next day—I
have no entry of my second call on my books, but I think I did call—it was then composed—I did not disturb it—my boy took the medicine—Mr. Rey-nolds called at my house, and informed me of the child's death—I gave a certificate of the death: I gave the cause of death as marasmus, that is, a wasting of the system—it had not improved: it was weakly and indisposed from the commencement—my attention had not been particularly called to it before the Thursday, when I was sent for.
Cross-examined by MR. CLARKSON. Q. Is the inflammation of the eyelids one of the symptoms of thrush? A. It frequently accompanies it—I called on the Thursday morning at the instance of Mr. Robinson—I was not sent for after, and have no positive recollection of having seen the child alive after that—it was lying perfectly quiet in bed when I saw it—I did not take it up—I examined its mouth as it lay on the bed—it was not asleep; it was quiet; it lay composed—its eyes must have been open, but I do not recollect it particularly—it appeared to me to be lying composed to sleep—my examining its mouth alone would disturb it—I made a powder for it—I have an entry in my book of part of the contents of the powder—I was not very much engaged at the time, but having dispensed the medicines myself, it is merely a memorandum of what I prescribed, that is, the active parts only—I put down the active portions only for variation's sake—I cannot positively say the third ingredient was chalk or rhubarb—I have not entered the lotion in the book—to the best of my recollection it consisted of a solution of sulphate of zinc and opium tincture, that was all—we usually make it of those materials—the other material of the powder was not entered, because it was not an active ingredient.
COURT. Q. When you went on Thursday, did you observe any appearances about the mouth? A. Yes, white blisters of what is usually called the thrush, nothing else more than a general inflammation of the mucous membrane of the mouth—I was not informed of the child having screamed very much the night before—the thrush is not a painful disorder—the blisters in the mouth would give pain in a very slight degree—sometimes irritation of the stomach accompanies thrush; sometimes it does not; sometimes the child may suffer from irritation of the stomach from the thrush.
Cross-examined by MR. CLARKSON. Q. I believe you showed him a cheap one, and he wished one which cost more? A. The first I showed him was not large enough—the second one he thought would do.
THOMAS GRACE . I am in the service of Mr. Robins, an undertaker. I came into my master's shop while the prisoner and the last witness were there—a coffin was handed down by the housekeeper to him—they were "still-born" coffins—I merely recommended him to have it lined and covered, to make it look more decent, as we do with respectable people—he did not say anything about still-born to me—he had it lined—I was not there when it was fetched away—my master said it would not be strong enough to go by railway; we had better make one: which we did.
CHARLES ROBINS . I am an undertaker, and live in Abingdon-street, Bermondsey. On the evening of the 22nd of Sept. the male prisoner came to my shop for a coffin which had been ordered before—he said it was going into the country by railway—my impression was that it was going to Yorkshire—this is the coffin—(produced.)
Cross-examined by MR. CLARKSON. Q. You will not undertake lo say he did not say it was going to Greenwich? A. I do not think Greenwich was mentioned—I do not recollect.
THOMAS JONES . I am a labourer, and live at Greenwich. In Sept. last I was employed at the male prisoner's house, at Royal-hill, Greenwich—I recollect on a Thursday he told me he was going to London, and should be home very soon, and gave me directions to dig a hole in the gravel walk in the garden, in a corner, as it would take a great deal of water away from the house—I dug it according to his directions, about two feet in size—he was not gone long to London, and came back in the afternoon, saw the hole, and said it would do very well—on the Saturday night after that I was waiting outside the house, near the Globe, for my wages, with Turner, Sidery, and Peterson—we usually expect our wages about six o'clock—about twenty minutes past eight I saw the male prisoner come home—he had a bundle under his arm—I cannot say what it was.
Cross-examined by MR. BALLANTINE. Q. When examined before the Coroner did you think it was either Thursday or Friday you dug the hole; did you always recollect it was Thursday? A. Yes—I never thought it was Friday—I was never uncertain about it—it is possible that before the Magistrate I might say it was either Thursday or Friday, but that I was not able to say on which day it was—I am certain it was Thursday, and not Friday, because we had two bricklayers at work on Friday, and not on Thursday—their names are Peterson and Sidery—I always recollected that
COURT. Q. What time on Thursday or Friday were you desired to dig the hole? A. It was before dinner—it did not take half an hour—I dug it before twelve o'clock on Thursday—I never thought it was in the afternoon—the gentleman was at home in the afternoon.
Re-examined. Q. There were two bricklayers at work on the day you were directed to dig the hole? A. No; on the Friday—Peterson was at work the day I dug the hole, and both him and Sidery on the Friday.
JACOB PETERSON . I am a bricklayer. In Sept. last I was employed by the prisoner to work at his house—I first went to work for him on a Wednesday, and remained till Saturday evening—that was the whole time, and the only time—on that Saturday night I was waiting with Jones for our wages, and saw the male prisoner come home, with something in a bag—it was between twenty minutes and a quarter to nine o'clock.
Q. Did you hear any direction given by the male prisoner to Jones about digging something in his garden? A. I have a faint recollection of something, but the distance between us was five or six feet—I heard conversation about a hole—I could not understand it properly—he said, "Jones, I want you to dig, or do something to a hole"—I never saw the hole at all—to the best of my recollection, this was on Thursday—Sidery was employed by the prisoner—I worked at the east end of the house—the garden is in front, at the west side.
Cross-examined by MR. CLARKSON. Q. How long had you been on the premises on the Saturday? A. I was outside the door—I never heard anything about a hole then—I do not swear on what day it was I heard the conversation about a hole—Jones never told me that he did not recollect what day it was, but that it was one afternoon—I cannot positively say when it was, for I was engaged, and did not take notice—I cannot positively say it did not occur that very Saturday evening.
COURT. Q. What, while you were waiting for your wages? A. No, it was not at that time.
Re-examined. Q. You were at work at the time you heard the conversation
about the hole? A. Yes—the prisoner was at home on the Saturday morning, before breakfast—he went away between breakfast time and ten o'clock, I think.
STEPHEN TURNER . I am a bricklayer, and live at Greenwich. I was in the male prisoner's employ in September last—I recollect one Saturday night waiting with Peterson and Jones for my wages—I went about a quarter to six o'clock, and waited till about a quarter to nine—I saw Mr. Richardson come home with a coffin—I saw something under his arm as he went in at the gate—he put his hand into his pocket for the key of his door, and put the coffin upwards—I saw the bottom of it—he told me to follow him, and I saw him put it under the sideboard, with two handkerchiefs over it—he took me into his little study, and told me to sit down—I sat down while he paid the rest of the men.
Cross-examined by MR. BALLANTINE. Q. I believe you were there on the Sunday morning? A. Yes, I was all over the garden—I never noticed a hole there—if there had been one I think I should.
WILLIAM SIDERY . I am a bricklayer. In September last I was in the employment of Mr. Richardson, the prisoner—I went to him on a Friday, and was in his employment four days and a half—Peterson, Jones, and Turner were waiting for their wages on Saturday night, the day after I had been at work there—I was there when the prisoner came home.
Cross-examined by MR. CLARKSON. Q. Did you go into the garden at all that Saturday? A. I was at work in the garden—I saw no hole there at all.
WILLIAM STIRTON . I am a surgeon, residing at Greenwich. In June last I attended the female prisoner, and ascertained she was pregnant—in Oct-last I attended the male prisoner, who was unwell, and he told me his daughter had had a child, and that he was-the father of it—this was at the latter end of Oct.—I had several conversations with him on the subject—he said that society would view it as a great moral crime, and he was afraid be should lose his situation through it—he told roe the child was dead.
Cross-examined by MR. CLARKSON. Q. Did you have any further conver-sation about it? A. He was in a very depressed state when I attended him, and said he thought he should come to the workhouse—he seemed under these circumstances to disclose to me what he had done—I received the first information from his wife, with a request that I should not make it known to him, but he afterwards made a statement to me—he was under great depres-sion of spirits at the time—he thought himself extremely ill, and he was very ill—he was in some danger for a day or two.
Re-examined, Q. Was this conversation at the same time he told you he expected to come to the workhouse? A. I do not think it was—I attended him every day—I had several conversations with. him.
JOSHUA EDMUND KERSEY . I am apprentice to Mr. Thomas Hitches, apothecary and chemist, of Greenwich—he sells drugs as well as prescribes—I have been with him about four years—the male prisoner has been in the habit of coming to our shop—I remember his coming in August—Mr. Corney, who came to my master's on the 7th of August, was present at the time—he remained at my master's three months—he was present at the conversation between me and the prisoner, which by some means turned on poisons—I cannot exactly say how, and at last it came upon arsenic among other things—the prisoner said, "I do not remember I have ever seen a drug called arsenic"—I then went to the cupboard where we kept it, and took out this bottle—he took it, looked at it, and shook it, and said, "Oh, that is arsenic is it, I wonder how much it would take to kill anybody"—I said it would take
a very small quantity—that was the end of the conversation at the time—lie left the shop—I made some observations to Mr. Corney—this was between the 7th and the 23rd of August, I know, because it was before I went into the country—I went on the 23rd and returned on the 12th of September—about a week after I returned the prisoner came to the shop—it was in the daytime—he purchased some arsenic, in my presence, of Mr. Ritches himself, who was in the shop—I handed the bottle out, as Mr. Ritches desired me to do so—he weighed out a portion of it, folded it up, wrote upon it, and gave it to the prisoner—I was not near enough to see what he wrote upon it.
Cross-examined by MR. CLARKSON. Q. I believe at first you thought that the first conversation which took place in which poison was the subject of discussion, was nine or twelve months before you were examined before the Magistrate? A. Yes, I knew then that Mr. Corney was present, and I found afterwards that he had been at Mr. Ritches' shop a much less time than that—I do not think I introduced the conversation about the poison—I will not undertake to say I did not—I do not know by what means it came up—I came from the country on the 12th of Sept.—I know it was soon after my return from the country that the prisoner came to my master's shop—I am quite sure of it—I was not examined till Feb.
Q. What enables you to speak to any given time within a fortnight five months afterwards, when we find in the previous conversation you have made a mistake of three or four months? A. I am certain of it from my recent return from the country—there is no entry in our books of the sale of this arsenic—we should not enter so small a quantity—it was only two or three penny-worth—I know that from the quantity I saw in the paper—generally speaking, after I return from the country I feel a little unsettled for a week or so, and I was a little unsettled at that time—I mean unsettled in business—I had not got all things square in the shop, and was in a state of compareative confusion.
Re-examined, Q. Do you mean the shop was in confusion or yourself?
A. The things in the shop were out of their places and the stock rather low—I recollect this visit of the prisoner's was shortly after my return, from those circumstances.
GEORGE CORNEY . I am in the employ of Mr. Ritches—I first went to him on the 7th of Aug.—I do not recollect the prisoner by sight—I recollect a person coming to the shop and a conversation taking place between me and Kersey—I think it was shortly after I went into Mr. Ritches' service—I an not certain whether any third person was present—I remember seeing Kersey show a bottle of arsenic to a person in the shop, and when he left an observation was made by Kersey about him.
Cross-examined by MR. CLARKSON. Q. Have you seen him show bottles to many persons? A. Not arsenic—I have a distinct recollection that it it was arsenic.
COURT. Q. What was the conversation with the person about the bottle of arsenic? A. I cannot speak positively as to that—my attention was directed principally to what transpired after the person left.
Q. What was it Kersey said to you? A. To the best of my belief it WM that the person professed atheism—I do not recollect his ever mentioning the same of any other person.
COURT to J. E. KERSEY. Q. You state that after the prisoner left your shop, you made an observation to Corney respecting him; what was it? A. I knew he was engaged at the Observatory, and that he was an atheist.
have known the male prisoner some years—I do not particularly recollect his coming to my shop last Aug.—I do not recollect whether I supplied him with arsenic or not—I do not know of having done so for a certainty then, or at any time.
WILLIAM CROSS . I am registrar of births and deaths for the parish of Bermondsey—Weston-place is in my district—I have the registry—there is no register in the registry of the death of a person called Theodore Horatio Richardson or Theodore Horatio Robinson, in Sept. last—I have not registered it at all—no person applied to me to make such an entry—it is necessary to have a certificate of the death before the clergyman can properly bury.
Cross-examined by MR. CLARKSON. Q. You are out occasionally? A. Yes.
COURT. Q. You have neither the birth nor death? A. No—I have a deputy, but have had no occasion for him to act since he was appointed—when I am out of the way he should act for me—his name is Benjamin Phillips—he is not here—he has never acted for me—I have attended to all matters of the registry.
GEORGE WILSON (police-serjeant.) On Friday, the 23rd of Jan., I apprehended the female prisoner—I told her I took her for secretly burying and concealing the birth of a child—she made a statement to me—she said she was delivered of a child on the 15th of Sept., at Mr. Reynold's, No. 3, Weston-place—I asked her where the child was—she said it died ten days after its birth—I asked her if she had a certificate of its death—she said no, but she believed her father had—she said her father was gone into the country, to Mr. Thomas's, corn dealer, Pocklington, Yorkshire—I asked her what had become of the body of the child—she said her father brought it away in a coffin, and buried it in his garden—I asked her if she had a certificate of its death, or if the birth had been registered—she said not—she said it was her father's own, and he was the father of the child—I asked her who was present at the burial of the child—she said no one but herself and her father—she said the grave was dug by a labourer who was at work on the premises—I asked her if he was aware for what purpose he dug the hole—she said she did not think he was, for it was not dug at all like a grave—I apprehended the male prisoner at Pocklington, on Sunday, the 25th of Jan.—he asked to see my warrant—I showed it him—he read it, and asked me if that was the charge against him—it was for secretly burying, with intent to conceal the birth of the child—he asked my name—I told him—he then said, "I see the warrant is granted on your oath—in this warrant I am charged with secretly burying, with intent to conceal its birth; that I deny; for from wishing to conceal the birth, there was a medical gentleman and a nurse pre sent: there could be no concealment, as regards the death of the child—I hold a medical certificate"—he gave me this certificate (produced)—he then said, "Is there no other charge against me"—I said, "Not that I am aware of. "
Cross-examined. Q. I believe there was an apparent readiness on the part of the female prisoner, to give you every information you desired, and to, answer all your questions? A. Quite so, unhesitatingly—I cautioned her first, that what she said I must repeat to the Magistrate—that did not deter her at all—she said she was confined at Mr. Reynolds, and Mr. Wood, of Union-street, attended her.
JOHN FINCH . I am clerk to the Magistrates of Greenwich police-court—I took down the examination of the witnesses—the female prisoner was brought into custody on the 24th of January, charged with concealing
the birth of her child, and remanded till the 29th—a warrant was issued to apprehend the male prisoner—he was brought before the Magistrate on the 27th, and on the 29th the evidence was taken—when I took down the examination of the female prisoner, it was tendered to her to sign, which she declined—she was very much overcome, and it was not pressed—I read it over to her myself, and it is signed by the Magistrate—(reading—"Ana Maria Richardson says,—I am very sorry for what I have done; my father compelled me to do what I have done; to give way to him, I mean; I mean as to the connection; I know the object of my being taken to Weston-street to be confined; I will let it pass by, what he had done to me: I went once to Mr. English for protection: I was afraid my father was going to do something to me.") The male prisoner made a statement, which I tendered to him for his signature—he said, he would rather not sign it—he gave no reason—I read it to him, and asked by the direction of the Magistrate, if it was what he wished to say—he said, "Yes"—(read)—The prisoner William Richardson says, "I wish to speak the truth, however much the awful circumstances are against me; I never wished to conceal the birth or death of the child; I could have had it buried in London for a few shillings much more secretly: my desire was not to have the remains of the child disturbed: in June last my daughter was unwell, and Mr. Sturton was engaged to attend her; I went away, and when I returned I found she was pregnant, and I withheld any medicine which would tend to procure abortion; there was no concealment; I engaged a nurse and a doctor: on the 15th I took my daughter to the apartments I had engaged, and I returned home")—he then read this letter—I have no doubt it is the same—it was handed to the prisoner, and subsequently came into my hands—"No. 3, Weston-place, Weston-street, Sept. 16th, 1845,—My dear William,—Ann has passed a sleepless and miserable night, slow wretched pains almost reaching each other has never left her. We had the doctor this morning about ten o'clock. He said it was her labour, and that all was right; but, that it would be some hours before she would be out of her trouble. She is very much exhausted, being three nights without sleep, and never free from pain. I shall remain until she gets it over. The doctor is going to call again at two o'clock, bnt he said it might be midnight, or even longer, before it would be over, but I can say no more, hoping all is well at home, with kindest love to yourself and children. Yours A. R. Mind dear Billy." The prisoner then went on and said,—"This shows the care which was taken of my daughter, and the infant; on the 17th I heard that the child was born; I believe I went up to see my daughter; on the 25th, I received a letter from my daughter"—(I believe this to be the letter—it came into my hands in the office)—"No. 3, Weston-street, Sept. 25th, 1845,—Dear father,—I wish you would come up this afternoon to see the baby, for he seems very ill. His cold has gradually gotten since you were here last. We had the doctor yesterday afternoon, and he said there was something the matter with the blood, and unless that cleared he would not thrive. He has bad a cold from his birth: it seems to be now on the lungs: his throat is very sore; he can scarcely swallow anything. The doctor sent him powders, and lotion to wash him with. Last night, from about ten to twelve o'clock, he was low and seemed scarcely to breathe. That Mr. and Mrs. Reynolds thought he would not live through the night, but he seemed to get a little better after twelve o'clock. I am very poorly. I have gotten a very severt cold, sore throat, and head-ache. Hoping your cold is better, and the family are all well. Give my love to mamma, and all the dear children—the same to you. Believe me to remain, your most dutiful daughter, ANN RICHARDSON.
P.S. Excuse my scroll, for I am quite in a tremble."—The post date is the 26th of Sept.—on 25th I went to the house to look after the child, and it died on the 27th in the morning; I went and got a coffin made, and I expressed anxiety about the child: every attention was paid to it, and I brought it to Greenwich by Railway." The prisoner further says—"I have never done anything to contribute to the decease of, or cause the death of the child, and God knows it; my sole care was to preserve the child: I declare before God and this people that I never saw the article, or bought any arsenic; the only thing which caused me to bury the child in my own ground was, that it should not be disturbed; I might have eluded this inquiry; all my children and my wife know that I have ever mourned the death of the child." MR. FINCH. The last statement was made on the 5th of Feb., the day they were remanded—they were then told by the Magistrates, they stood before him on a much more serious charge. The latter part of the examination beginning with, "I have never done anything, &c," was taken then—the witness Kersey was present at the examination—he was examined in the prisoner's presence—when he was giving evidence of the purchase of the arsenic—the prisoner addressed the Magistrate—he said, "Why, sir, he says I have purchased arsenic, I have never seen it"—Kersey was subsequently re-called, and added to his examination, that he had shown him arsenic on a previous occasion.
MR. BALLANTINE. Q. Do you recollect your father bringing home a coffin? A. Yes—he brought it on Saturday night, the 27th of Sept.—it was deposited in the earth on the Friday following, in a hole in the corner of the garden—I held the light—that hole was made on the Thursday after the child came home, as far as I can recollect.
MR. HUDDLESTONE. Q. Did you see the hole when it was made, or after it was made? A. I saw it when it was making—Jones dug it on the Thursday after the child was brought home, as far as I recollect, but I am not certain of either the day of the week or the month, but it was dug after the child was brought home, as far as I recollect, but I am not certain of either the day of the week or the month, but it was dug after the child was brought home.
NOT GUILTY .
Before Edward Bullock, Esq.
JOHN COUSINS . I am master of the schooner Maria, which laid at Horsley-down. The prisoner was an apprentice on board—on the 23rd of March Bolger, the mate came into the cabin, with blood running down his side—he had a eut about an inch long, which might have been done with a knife—the prisoner always behaved very well indeed—I never knew him do anything wrong before—he had been four years with me, and bore a very good character.
JOHN MURPHY . I belong to the Maria. I was present on this morning, and heard the mate call to the prisoner to go for a strap—he said he would not go, and told the other boy to go—the mate said he would make him go—he took a rope and gave him three cuts with it—the mate ran and took hold of the collar of his waistcoat—I cannot say whether he stabbed him designedly or not—I saw a knife in his hand, and saw blood come from the mate, who was wounded—I did not see him stabbed, but saw the wound in his side after he and the prisoner had closed—I did not see the wound given—I signed this deposition.
COURT (reading.) Q. You say here, "I saw it given; it was with the knife?" A. I did not see it given—this is the knife.
THOMAS BOLOER . I am mate of the Maria. I came on deck about eight o'clock in the morning, and told the prisoner to go down below and bring up a strap—he would not go, but sent the other boy—I told him he should go—he said he should not go—I took up a bit of rope and struck him on his back—he said if I did that again he would put the knife into me, I did it again, and he did put it into me—I bled a great deal—I had done nothing but strike him with the rope—the knife was used to scrape the mast—he had it in his hand at the time I told him to go down.
JOSEPH COOPER FORSTER . I am house-surgeon of St. George's Hospital. The prosecutor was brought there, and had an incised wound in the left side of the abdomen—such wounds are generally dangerous, but it proved more harmless than I at first considered it—I should say it was done with this knife.
Prisoner's Defence. I went to tell the boy to go for the strap; he took up the rope and cut me right across the thigh, and collared me.
GUILTY of Assault. Aged 18.— Confined Three Months.
Before Edward Bullock, Esq.
GUILTY . Aged 63.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY . Aged 21.— Confined Three Months.
1186. MARY HURLEY and SAMUEL HURLEY were indicted for stealing 11 handkerchiefs, value 4l.; the goods of William White and others; 2nd COUNT, calling it 6 yards of silk, value 1l. 10s.: and 5 yards of satin, 2l. 10s.
CAROLINE LOVERING . I am assistant in the shop of Mr. William White and three others, of Christ Church, Surrey—between four and five o'clock on the 30th of April the prisoners came into the shop to look at black handkerchiefs—I brought them some—both satin and silk—after looking at them a few minutes, they opened the silk ones and covered those on the counter with them, and I saw the woman put her hand and take the satin ones and put them in her lap—the man put his hand and took them of her—I said, "Give me those handkerchiefs you have got"—the woman gave them to me—I then missed some of the 5s. handkerchiefs—the man was then walking out, and had some handkerchiefs in his pocket—I told the woman of it—she denied it—the man quickened his pace, and he went out—I told Mr. Foster, and he went after him—he was not brought back—nor the handkerchiefs—there had been no one else there between my missing the handkerchiefs and the going away—I am sure I saw the silk ones safe while he was there, and I missed them when he was gone—I am quite sure I saw the woman's hand draw the satin handkerchiefs from the counter—there is a ridge four inches high which it was quite impossible for them to fall over, and I saw the man move his hand as if to take them from the woman—I told the woman she had some
satin handkerchiefs and to give them to me—she hesitated a little and moved—I said, "You have got them, give them to me"—and she did—she had not given them to the man—as soon as I saw the man move his hand I spoke, and she gave them up—she said they were too expensive for her.
Cross-examined by MR. MELLOR. Q. When she came in she stated she wanted to look at some handkerchiefs? A. Yes, she bought one handkerchief and a skein of silk—she left half-a-sovereign—there were several persons in the shop—it is a large sbop—there are persons generally passing to and fro—we have a great many pieces of handkerchiefs, but these were all black—three persons walk the shop to watch—both the prisoners sat down—the man sat with his face to me when he came in the shop—I did not see his back till he was leaving—he was there about ten minutes—they were in close conversation and then they chose one handkerchief—I think it is impossible that a handkerchief can slip off the counter into a person's lap—when I told the woman she had some handkerchiefs, she said, "Have I; no, I have not"—I cannot be certain whether I said before the magistrate that she said "No, I have not"—she did not band them back till I asked her the second time—they were on her lap as she was sitting down—I should say any person walking by could not see them—the prisoners were sitting close together, side by side—I had only that one box of handkerchiefs out—I cannot say how many parcels of handkerchiefs were in it—I had the bundle of handkerchiefs in my hand that the man carried out—I missed them in one minute—the prisoners were at the lower counter, almost close to the door—when the male prisoner turned round, I saw them in his pocket—they were folded in a square—not in a paper—they appeared quite the size of what I missed, and folded in the same way—they looked like mine, and I missed them not a minute before—I did not cry, "Stop thief,"—I called the shop walker and told him—I feel sure he had not the handkerchiefs in his pocket when he came into the shop—his pockets were in front of his coat—I saw the handerchiefs in his left coat pocket as he was rising—the handkerchiefs have not been found—the woman betrayed great anxiety and alarm, and repeatedly assured me her son would not have taken the handkerchiefs.
JOSEPH FOSTER . I was called, and went out to look for the male prisoner—I came back and saw the female prisoner in the shop—I said to her that Lovering had told me that her son had taken a piece of handkerchief in the shop—she protested it could not be so—I said, "Come out with me, and look for him"—she went out, and wanted me to go to her residence—I said, "No, come back; it is perhaps a mistake"—she then took out a half-sovereign, and said, "If he has taken one at 5s., I will leave the half-sovereign to pay for it"—I said, "No, that is a proof of your guilt at once."
Cross-examined. Q. Are you one who walk up and down the shop? A. Yes—Lovering called me from the opposite side, and said some handkerchiefs had been taken—the woman wished me to go home with her, but did not state where that was.
CHARLES WILLIAM WARD (police-constable 83l.) I took Mary Hurley—she told me she lived at No. 2, Carpenter-street, New Cut, which is false—I did not know her before—the female searcher knew her—I found she lived at No. 2, Mason's-street—I went there, and found Samuel Hurley—Miss Lovering identified him—he said he did not know anything about her at all.
Cross-examined. Q. You heard him charged with taking the handkerchiefs? A. Yes—Mary Hurley has a large family, and takes in washing—I know her husband.
NOT GUILTY .
GUILTY . Aged 22.— Confined Four Months.
JOHN BROWN . I am a carman, and live at Roehampton—I had two asses, a male and a female—I saw them safe on Wimbledon-common on the 4th of April—I did not miss them till the 7th of April, when the policeman came—I went with him to look at them, and found they were mine.
JOHN WEBSTER (police-constable 205 P.) On the evening of the 6th of April, I was in Acre-lane, Brixton—I saw the two prisoners driving the two donkeys—I asked Gay whose they were—he said they were his, and M'Intosh said he had been with Gay to fetch them from Wimbledon-common—Gay said he had had them five months, and he had turned them out there two months before, and fetched them away that day.
M'Intosh. Gay asked me to go with him to fetch them.
M'INTOSH— NOT GUILTY .
GUILTY .— Transported for Seven Years.
(The prosecutor stated he had lost upwards of 60l.)
GUILTY .— Confined Three Months.
1190. JOHN BLACKWELL and WILLIAM HILL were indicted for breaking and entering the warebouse of John Aitkin, on the 4th of April, at Bermondsey, and stealing 125 skins of leather, value 10l., bis property; and that Blackwell had been before convicted of felony.
WILLIAM CROOKENDEN . I am. foreman to Mr. John Aitkin, of 114, Nelson-street, Bermondsey—over his counting-house there is a loft, which has stairs to it—on the night of the 3rd of April I fastened the counting. house and the outer door all safe, and locked it up at eight o'clock—as I was coming there the next morning, about a quarter before six o'clock, I met Serjeant Wylie carrying these skins, which are the property of my employer—I then went up to the warehouse, and tried the key which I had in my pocket, to unlock the front door—I found the lock had been tampered with—I could not unlock it—I went down and got over another person's place, and opened the warehouse and let in Wylie—I found the skins he had were my master's, and what bad been safe there the night before.
THOMAS WYLIE (police-serjeant 25 M.) I found the skins that morning, in some premises at the rear of the prosecutor's—while I was counting them, the prisoners both came—they saw me, and ran away—I found this key and a box of lncifer matches, in a hole in the wall in the premises where I found the skins.
ROBERT CLARKE (police-constable 258 M.) On the morning of the 4th of April I went with Serjeant Wylie down a turning, and saw these skins, and while we were counting them, Hill came round the corner with this article open in his hand—Blackwell was with him—they ran—we ran and caught them—I found on Hill this key, which the foreman stated had been in the
counting-house for some time—this article I found on Hill is what bird-catchers put their cages in.
Blackwell. This witness told another to go and change the key. Witness. No, I did not—Blackwell said this was the key of his lodging—I went there with him and saw his brother-in-law—I said to him," You unlock the door with this key"—he tried and could not—his sister then said the lock had been changed—I was coming back with Blackwell—he saw another officer in plain clothes, and said, "I am looking for your dog—(that is the name of a plain clothes man)—he means to go in an old iron shop and get another key and put it in your hand"—I said, "We will prevent that, he shan't come near me," and he did not.
WILLIAM CROOKENDEN re-examined. This key found on Hill is the key of a door which had been pulled down, and the key had been in the counting-house for some time—this key which was found near the premises where the skins were, would not quite open the outer door lock, and they got over another and got in that way.
Blackwell. I had not been near the premises: the policeman came and took me; the foreman said he could not swear to the key. Witness. I did not—I distinctly swore to it.
Hill. The key I had in my pocket was the key of my door; it was taken to our place, and the lock had been taken off the door which that key used to fit.
THOMAS WEST (police-constable M 249.) I produce a certificate of Blackwell's former conviction at Newington—(read—Convicted 24th July, 1845, and confined three months and whipped)—he is the person—I have known him ever since—he gets his living by thieving.
BLACKWELL— GUILTY . Aged 16.— Transported for Ten Years.
HILL— GUILTY . Aged 15.— Confined Three Months.
GUILTY .— Confined Three Months.
WILLIAM TERRY . I am a blacksmith. I lodge at Rotherhithe—on the morning of the 22nd of April I left my room up stairs—I came down and saw the prisoner in the room down stairs—I did not know anything of her only by seeing her in the street—it was about ten minutes past six o'clock—she dropped this coat and the table-cover and candlesticks belong to Mr. John Waghorn—I was with him when he bought the table-cover.
Cross-examined by MR. DOANE. Q. What room do you occupy in this house? A. The top garrat—Mr. Waghorn is my landlord—he sleeps in the room under me—the prisoner was in the front parlour, the room that leads to the street door—Mr. Waghorn went out at five o'clock in the morning—I had left my coat in his room—Mrs. Waghorn was in bed upstairs.
THOMAS TOWEREY (police-constable M 237.) I took the prisoner—she said she knew nothing about it—I went to Mr. Waghorn's and found this coat, candlesticks, and table-cover, chucked down inside the door.
NOT GUILTY .
GEORGE TOLLEY . I am a saddler, and live at Richmond. I am the secretary to the Richmond Conveyance Company—these terrets are the property of the trustees of that company—Joseph Ellis is one, and there are others—I sold these terrets to Mr. Ellis two months ago—they were with the harness in the company's yard at Richmond.
JAMES WALKER . I am foreman to Mr. Joseph Ellis and others. The prisoner was horse keeper—he asked me the favour to take these terrets out of the harness and put him in some more, because these were inconvenient for him to clean—I took these out, and told him to put them by, which he did not do.
Prisoner. He told me I might have them to do what I liked with them. Witness. No such thing—I told him to take care of them—two of them are a little bent, not much.
NOT GUILTY .
CHARLES SEIVER . I live in the London-road. About half-past six o'clock in the morning, on the 28th of April, I was called by my servant, and saw a bag of flock, which belonged to me, at Mr. Peacock's, two doors from me—I am sure it was mine—I had seen it safe in my loft the day before—the policeman had got the prisoner.
THOMAS HOLMES . I am in the prosecutor's employ. At half-past six o'clock in the morning, on the 28th of April, I went into the yard—I heard a scuffle up stairs in the warehouse, and a bag fell from the loft—two persons then jumped down from the loft—the prisoner was one—he took the bag up—I called to Burton, and he stopped him with the bag of flock.
WILLIAM BURTON . I was opening my employer's shop, which is two doors from the prosecutor's, about half-past six o'clock—I saw the prisoner and another come out of the passage leading to the prosecutor's warehouse—Holmes came out and said, "Take that man with the bag upon his back"—I stopped the prisoner with it—he said he was going to carry it for the other person, and he was going to give him a pint of beer.
Prisoner. I was standing in the Dover-road; a man asked if I wanted a job; I said, "Yes"—he told me to meet him the next morning and he would give me 6d. to carry a bag.
COURT to HENRY HOLMES. Q. How could they get into this loft? A. There were some bricks out of the wall—they must have helped one another up.
GUILTY . Aged 18.— Confined Three Months.
GUILTY . Aged 16.— Confined Three Months.
Rose and Crown public-house—the prisoner and another woman were there—they came from Reading—both their husbands were out in the town—I treated them with what they liked to drink—I was rather drowsy, and laid my head upon the table—when I awoke up I missed this money from my left hand pocket—the prisoner had sat on that side—next day I found the woman who had been with the prisoner—I accused her of it—she said Jane Smith had taken the money out of my pocket.
MARY ANN WITHALL . I am the wife of William Witball. On the morning of the 1st of April, about half-past five o'clock, the prisoner came to me, and asked for a cup of coffee, and change for a 5". piece—I could not change it—she went away—she returned in half an hour, and I changed half-a-crown for her.
WILLIAM STONE (police-constable F 237.) I took the prisoner—I asked if she knew anything about the money—she said no, she had not had it—next day she went before the Magistrate, and as she was going back she said, "It is no use your remanding me; I had the man's money, and all the witnesses you can bring can say nothing more"—she told me she changed the 5s. piece at the Bell.
Prisoner. I never said sueh a thing; the man gave me the half-crown to get some beer; my husband gave me the crown to pay the rent.
NOT GUILTY .
GUILTY . Aged 35.— Confined Nine Months.
1198. JOHN SPERRIMORE was indicted for stealing 1 pair of boots, value 12s.; and 1 hat, 10s.; the goods of John Roberts: also, 2 pain of boots, value 125., the goods of Thomas Harbottle: also, 3 pairs of boots, value 3l., the goods of