CENTRAL CRIMINAL COURT.
EIGHTH SESSION, HELD JUNE 15TH, 1846.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 15th June, 1846, and following Days.
Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; Sir Nicholas Conyngham Tindall, Lord Chief Justice of Her Majesty's Court of Common Pleas; Sir John Patteson, Knt., one of the Jostices of Her Majesty's Court of Queen's Bench; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; William Thompson, Esq.; Sir Chapman Marshall, Knt; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City; Sir George Carroll, Knt.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Challis, Esq.; and Thomas Sidney, Esq.; Aldermen of the said City; John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. EIGHTH 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, June 15th, 1846.
First Jury, before Mr. Recorder.
KINTON pleaded GUILTY . Aged 17.
STONE pleaded GUILTY . Aged 18.
Transported for Ten Years.
(The prisoners have both been convicted of felony on several occasions.)
CATHERINE PHILLIPS . I am the wife of Phineas Phillips, and keep a stall next to the prosecutrix's, in the Exchange, in Cutler—street. The prisoner came week after week to my stall to purchase articles—on the 28th of May I saw her coming from the prosecutrix's stall to mine—the prosocutrix called out, "I have got my thief"—she stooped over my goods, and caught hold of the prisoner, and said, "You have got a handkerchief of mine"—the prisoner pretended to look over a little basket which she had in her hand—the prosecutrix said, "No, you have not got it there"—she shook her for a minute and a half, and it dropped from under her arm—it laid there till the officer came, and the prosecutrix gave it to him—I am sure I saw it drop from the prisoner's arm.
Cross-examined by MR. BALLANTINE. Q. Does not the prosecutrix's husband go about with a bag of a morning? A. No—he is a tailor—when "thief was called a crowd came round—they did not hustle the prisoner, or touch her—there were two or three friends of ours, and there might he two or three strangers—rl did not see the prisoner with a purse—I had seen her go to the prosecutrix's stall before that morning—she bought some lace for 9d., as the prosecutrix told me—she did not say she had plenty of money, and she had seen her purse—the handkerchief was picked up at her feet—I am sure the prisoner did not call for the policeman.
KITTY RANGETEIN . I am the wife of Abraharn Rangptein, of Carter-street, Houndsditch—I keep a still in the clothes-exchange in Cutler-street. The prisoner came to my stall occasionally—on the 28th pf May she can and bought some black lace for 9d., and gaye me a shilling—I bad no change, and
said, "When you come back you shall have your 3d."—I took more money, and when she came back I gave her 3d.—she took a silk dress in her hand, slipped a handkerchief from under it, and put it under her arm—I took notice of it, and when she went away to my neighbour's stall I said, "Oh, Mrs. Phillips, I have got the thief"—I pushed her for about three moments, and she dropped the handkerchief—I had seen her take it, and saw her drop it—it was on the ground when the policeman came—I showed it to him—he picked it up.
Cross-examined. Q. You called out to your neighbour that you had "got your thief?" A. Yes—the prisoner had bought the lace an hour before—she had a basket in her hand—I did not offer her the silk dress—she never asked me the price of it—she took it up—she had not looked at it the first time she came—I saw nobody pushing her about—I did not see her purse till it was found on her at the station.
JAMES RAGAN (City police-constable, No. 153.) I was fetched, and when 1 got to the spot where the prisoner was standing, there were a number of people about—several of them spoke, and the prosecutrix lifted up this handkerchief from the stall, from some things that lay there, and gave it to me—I had great difficulty to keep the crowd off—there were a great number of people saying "Lady thief"—the prosecutrix lifted the handkerchief off the top of some things that lay on the ground, and gave it to me.
Cross-examined. Q. What sort of people surrounded her? A. Dealers, and a low sort of people—the prisoner appeared very much agitated—the handkerchief was with other things—all the goods lay on the ground for sale—she denied having taken it—I found a variety of little things in her basket—I went round to the shops where she said she had bought them, and found it correct—she had a purse, with 1l. 6s. or 7s. in it—I searched her apartments—there was valuable property there, both money and articles—her husband is a respectable housekeeper—he bears a very high character, and she likewise.
(The prisoner received an excellent character.)
NOT GUILTY .
GEORGE CHAMBERLAIN . The prisoner has been my apprentice about four years—he was employed by me to receive money—here is a bill for 19s. 3d. for bread, from the 4th to the 9th of May; another for 16s. 11d., to the 11th of May—they are my sister's writing, and are receipted by the prisoner—he never accounted to me for the money—he always accounts to my sister—here is my daily account-book.
Cross-examined by Mr. CLARKSON. Q. Were you very much out? A. Yes—I am never out so late as one or two o'clock in the morning—my time is generally between eight and nine—the prisoner never had anything to do with the oven at night—I never asked him to account for this money—I never take his account—his father lives at Norwood-green—there was a baker's shop sold by auction the day the prisoner was given into custody—I never heard that his father was about to take it for him—the prisoner's time would be up next Sept.—I never heard he was to be set up in business—one condition of the apprenticeship was that he should have is. a week—he has not had that for the last two years—I was never tipsy but once in my life—I am not a teetotaler, but I do not get tipsy—I once took a man up about some cowdung, and had an action brought against me, and a verdict against me.
Q. Why not ask the prisoner if he had received this money? A. I am sick and tired of it, having asked him so many times about previous sums—I
never charged him before a Magistrate before—he was taken into custody in my bakehouse—there would be rather more than 5l. coming to him for the 1s. a week unpaid—I go out about twice a week to take a glass, after business is over, to the King's Arms on Thursdays, and the Viaduct on Saturday—the prisoner often came home tipsy—he was not with me—I gave him in charge without communicating with his father.
COURT. Q. Why did you not continue the 1s. a-week? A. Because he embezzled 5l. 10s. 10d. two years ago, and was desirous I should stop his wages till it was paid; and several other bills have been found out since.
ELIZA AMELIA LYNCH . I assist my grandmother, Mrs. Simms—we deal with the prosecutor for bread, which the prisoner used to deliver—I paid him these two bills on the 12th and 19th of May, and saw him write the receipts.
Cross-examined. Q. Have you known him any time? A. Since he has been at Hanwell, I never heard anything against him—I did not hear the prosecutor mention the 5l. 10s. before the Magistrate.
MARY ANN CHAMBERLAIN . I am the prosecutor's sister. I wrote these bills—I never received the money from the prisoner—he never spoke to me on the subject—he was taken in charge on the 23rd of May—I took his account daily.
Cross-examined. Q. You did not mention these sums to him? A. I—asked him if Mr. Simms had paid the bill—he said Mr. Simms was not at home—that was on the 13th of May, as near as I recollect—I asked if the bill of 19s. 3d. had been paid—he said it was not—this book is my writing—he never accounted for these bills—there was no plan laid for the prisoner—I discovered that these bills had been paid on Thursday, I think—my brother occasionally comes home late at night, not at one in the morning, to my knowledge—I call eleven or twelve very late—I never saw him tipsy but twice.
(The prisoner received a good character.)
GUILTY. Aged 19.—Strongly recommended to mercy — Confined Two Months.
1217. ELIZA BE VAN was indicted for stealing 1 scarf, value 6d.; 2 baskets, 6d.; 2 pockets, 6d.; 1 apron, 6d.; 1 shawl, 4s.; 2 seals and ring, 5s.; 2 ear-drops, 4s.; 1 towel, 4d.; 1 belt, 4d.; 1 frill, 6d.; 1 tea-tray, 6d.; 4 books, 1s.; 1 veil, 4s.; 1 watch-guard, 6d.; 1 feather, 1s.; 1 pair of stockings, 2s. 6d.; 2 yards of merino, 12s.; 1 snuff-box, 1s.; 1 gown, 1s. 6d.; 6 yards of calico, 2s.; the goods of Elizabeth Mayo, her mistress.
ELIZABETH MAYO . I am a widow, and keep the Queen's Head public-house, at Pinner. The prisoner lived with me three months, as servant—she left on Monday, the 18th of May, and left her box behind to be called for—I sent for a policeman on Saturday—her box was corded, but not locked—she was to have removed it that day—on opening it, I found some of my property—there was an ostler and pot-boy in the house, and lodgers—I baa missed some of the articles for some days—they were taken from my drawers—her box was left in the passage.
Cross-examined by MR. DOANK. Q. Did she give you notice to quit? A. I gave her notice on the Saturday before she left on Monday—Harrington, who drives the Pinner coach, sometimes sleeps at my house—he sits in my bar and kitchen sometimes, and so do many other people as well as him—the prisoner has never complained to me of Harrington taking liberties with me—I have heard from herself of Harrington trying to get her petticoats up—the
policeman sometimes frequents my house—he did not come to my house after the prisoner left, until I sent for him—he had not been there all the week, to my knowledge—the prisoner left on the Monday, and the box was opened by the policeman, in my presence, on the following Saturday—Howard did not call for the box till Saturday, and then I asked him to take it home—she had been wearing a quantity of my clothes the Sunday before—I insisted on her taking them off, and on Monday she left.
WILLIAM SEARLE (policeman.) I was sent for, and opened the box—it was corded and not locked—I found a variety of articles in it, claimed by Mrs. Mayo, which I produce—I afterwards apprehended the prisoner—she said she did not think Mrs. Mayo would have served her in that sort of way, as they were always such particular friends, and if she had anything belonging to Mrs. Mayo, she had packed up her things in a great hurry, and would return them to her—she could not say whether she packed up any of Mrs. Mayo's things or not with them—she said nothing about wearing Mrs. Mayo's clothes—the things were all put in smooth, and covered with a piece of new calico—I was not taking refreshment at the prosecutrix's during the week.
MRS. MAYO re-examined. These are my property—they were kept in drawers in the bouse, and were worth 1l. 14s.—I never saw my gown on her back myself.
NOT GUILTY .
NEW COURT.—Monday, June 15th, 1846.
Fifth Jury, before Edward Bullock, Esq.
JOHN HUGHES . I am a baker, and live in Richard-street, Broofs-market—the prisoner was in my service for about two months the last time—he had to deliver bread, and if he received money to bring it to me the same day—when be brought me money I always entered it in the cash-book—he brought me 6s. from Mrs. Brown on the 27th of April, and I entered it—he did not say anything about any more.
Cross-examined by MR. BALDWIN. Q. I suppose be accounted to your wife as well as to you? A. No, she might receive money in my absence—I charged bim and bis brother with stealing hi. on the same day 1 took him for this—they wete discharged by the Magistrate—I took him twice about this 5l., and he was discharged both times.
MARY ANN BROWN . I deal with Mr. Hughes for bread, which the prisoner used to bring, and receive the money—on the 27th of April be brought me a bill, and I paid him 8s. for his master—I saw him every day—I spoke to him the next week about the bill—he said he would take back the bill and get it rectified, it must have been bis master's mistake—he did not bring the bill again—I asked him about it—he said it was his mistress's mistake, and she hoped I would say nothing about it, as it would make words with his master.
Cross-examined. Q. He said it was a mistake of his master? A. Yes, first, and then he said it was a mistake of his mistress—the bill was 1l. 13s.—I paid him 8s., and he brought another bill of 1l. 7s.—of course I saw it was a mistake—he took both the bills back—the bills were in the same handwriting as I always had.
Cross-examined. Q. Nothing of the kind? A. No—he was not in the habit of paying me—I swear he did not pay me any money on this occasion.
COURT. Q. Did he say anything to you about the money from Mrs. Brown? A. No.
NOT GUILTY .
MR. PAYNE conducted the Prosecution.
THOMAS KNIGHT . I am the son of Thomas Knight. He has a farm at Enfield-highway—Larman was his carman, and Thorogood was his hay—binder—on the morning of the 30th of May I told Larman to go to the shed in the marshes and fetch a load of hay for the horses, with a one-horse cart—the distance is about two miles and a half by the road—I told him to go through Ponder's—end by Thorogood'8, to get the key of the shed—I afterwards beard that Larman had been detained by the police—I, sent for the cart, and found it bound down properly with the tilt over it—I had the trusses counted, and found thirty-one—there ought to have been thirty-six—Larman had no business to stop at the Goat, or at the White Hart, or anywhere—those houses ara in a direct line from the marshes to oar bouse, but not in the way I ordered them to come home—I saw some hay produced by the policeman—it corresponds with the hay that was in the shed—there was a quantity bound there—I could not swear to it, but I believe it is the same.
Cross-examined by MR. MELLOR. Q. Thorogood had been some time in your employ? A. Yes, and I have never found any fault with him before—some of our men would have taken the trusses off—I do not count the trusses of hay, but it generally is counted—one man takes it in sometimes, and sometimes another—they generally count it, or at least they ought—I cannot say where Thorogood resides—I know he did reside near the public-house—he sometimes had the key of the shed, aiad sometimes not—I think he had the key on this occasion.
Q. Had he not the key, and did you not send Larman to him with a direction to get what hay he wanted? A. No—I sent for Thorogood to load the hay—it was part of his business—this was a one-horse cart—a load is sot a considerable quantity for one horse—there is a road from the shed to our place by the two public—houses—you go through a ford to come that way—I have never sent Larman lor a quantity of hay, and he brought a less quantity, to my knowledge—I do not always receive the hay, my servants do—I do not know whether I may have given an order for a larger quantity than I have received—the shed stands by itself—over the ford it would be about two miles and a half from the shed to our house, and about as far the Other way, but the road is much better the other way.
Cross-examined by MR. BALDWIN. Q. This was not tor sale? A. No, for my own use—this would have made a mistake in my account, because I keep an account of my hay—I have given my men all strict orders to come back another road—I will not allow them to come through the ford—Larman had been in my employ six months—he had 8s. a week.
MR. PAYNE. Q. How many trusses ought to have been brought? A. Thirty-six, and there were thirty-one—it could not have been necessary to put the trusses on the cart at the marshes, and take them off again at the White Hart.
JOSEPH MELLISH . I am an inspector of police. On the 30th of May I was at Ponder's-end—my attention was drawn to a load of hay opposite the Goat—I saw Larman and Thorogood with it—they were drinking together—I hid myself, and I saw Larman come into the road—he looked towards the spot where I was concealed, and near where I had been standing before for a short
time—he then returned to the front of the public—house, and shortly afterwards Thorogood came to the road—he looked in that direction, and returned, and they drank again, and afterwards one of them came out, but I cannot say which, and he looked towards the spot again, and returned—shortly after the third time of their coming into the road, the cart was driven off towards Mr. Knight's—the White Hart is between there and Mr. Knight's—I went on there, and I saw a man come out from the yard, and from noticing his manner I hurried on—when I came in front of the yard of the White Hart, I saw Hunt at the bottom of the yard with a truss of hay in his hand—he was just inside the door of the stable—I could not tell where the cart was then, but I hurried round to the other side of the house, and met Thorogood coming from where I afterwards found the cart, which was behind the public—house, within four or five yards of the stable—I then saw Hunt shutting the stable-door, and he walked away—Larman was on the wheel of the cart where the load of hay was, and I saw a quantity of hay was littered from the cart towards the stable—door—I opened the stable-door, and went in—I saw the three trusses of hay, which I afterwards produced to Mr. Knight—they were in one of the stands on the left-hand side of the stable—there was no other hay there besides those three trusses—I then said to Larman, "What are you about here, come down and take that hay out again?"—he did not make any answer—I repeated the question, and he said, "What hay do you mean?"—I said, "That hay that you put in the stable"—he said, "Well, don't be in a hurry"—he then went to the stable, took the three trusses of hay out, and put them down by the cart—it was put on the cart—I took it to the station, and the cart afterwards went back to Mr. Knight's—when Larman brought the hay out of the stable, I said to him, "Is that your hay?"—he said, "Yes, Mr. Knight's; I took it off the cart because it hung"—the White Hart is not a mile from Mr. Knight's—there is a ford which they must go through to go to the Goat and the White Hart—there is no ford the other way—I kept Larman in custody till I got assistance—I then took Hunt and the other matt who was discharged—Thorogood was brought to the station on the Monday morning—I told him I should detain him for being concerned with Larman in stealing that hay of Mr. Knight's—he said, "I was not there at all"—he was the man who was drinking with Larman at the Goat, and who was close to the cart at the White Hart—there is no doubt about that—Hunt is ostler at the White Hart—I was present when the trusses of hay were counted—there were thirty-one—I have compared the three trusses of hay I took with the hay on the cart—they appeared to agree—I know the writing of Mr. Williams the Magistrate—this is his writing to this deposition—it was read over to Tborogood.
Cross-examined by MR. MELLOR. Q. At what time did this occur? A. About six o'clock in the evening—the two public-houses are about a hundred yards apart—I do not think there were more than three or four persons about the Goat that evening—I am certain I saw Thorogood there—I did not see the cart move off from the Goat—after I saw him and Larman drinking, I went into a gentleman's garden, close by the road—I was not in uniform—I am known there—I knew the prisoners by sight, and perhaps they knew me—I was a hundred and fifty yards or perhaps two hundred yards from them—I stood there five or six minutes before I hid myself—this stable is at the back of the White Hart—Thorogood was coming from where the cart stood—I would have taken him that evening if I could have found him—I did not go after him—I sent a policeman for him—I have heard he lives in Goat-lane, but I do not know—I was close to these parties when I got to the cart—I saw Hunt with some hay in his hand—he put it into
the stable—I did not see him shut the door then, I did afterwards—I went round and met Thorogood five or six yards from the cart, at the tide of the house, coming from the cart—I did not see him with the parties close to the cart.
Cross-examined by MR. BALDWIN. Q. Did you see the cart drive up to the Goat? A. No—it was standing there—I did not make any search to see if there was any hay left there.
MR. PAYNE. Q. You saw the cart five yards from the stable-door, was that out of the way to go home? A. Yes, about thirty yards out of the way to get to the stable-door—the cart was in the yard, out of the road—I could not see the cart when I first saw the stable, but Hunt could see it—the house prevented my seeing the stable, but it did not prevent Hunt seeing the cart
JAMES BRIDGER (police-constable N 372.) I saw Larman and Thorogood with the load of hay—they were both walking together, close to the cart—just as they got opposite the Goat they stopped die cart—Thorogood went and took his tools from the back of the cart—they then went to the Goat door, and were both drinking—I passed by and saw Thorogood come and look after me, and then Larman came and looked—then Thorogood came again, and peeped round the corner to see if I was gone—I went on and saw my inspector, and told him—I took Hunt that evening, and I took Thorogood—I was searching for him from the Saturday night til) the Monday morning—I found him opposite the Rose and Crown, at Enfield Highway—I knew where he lived, but I did not go to his house—I looked all over the village—I was present when the inspector told him what he was charged with—he said be knew nothing about it, that Larman came for some hay, and he gave him thirty-four trusses.
Cross-examined by MR. MELLOR. Q. Did you see the cart come from the Goat? A. No—I was further on the road—I had passed on—I was in uniform—I saw the prisoner again when I came back to the White Hart, in twenty minutes or half an hour—I there saw the inspector—I did not see Thorogood—I know he lives near the Goat—the tools he took away appeared to be what he had been hay-binding with—they were not heavy.
Statement read—"The prisoner Thorogood says, Larman came to me and said roaster had sent him for a load of hay, but as he thought it would be too much for the horse, be thought he had better take only thirty trusses; I put on thirty-one trusses, and tied them on; Larman said, 'The cart hangs, give us another truss or two;' I put three more in front of the cart."
NOT GUILTY .
ABRAHAM BRANDON . I am a boot and shoemaker, and live in Houndsditch; the prisoner was in my service. On the 30th of June I gave him a hamper with twenty-four pairs of shoes, thirty-two pairs of women's boots, and, twelve pairs of children's boots—I told him to deliver the greater portion of them to Mr. Joseph Johnson, in Tottenham-court-road, and the remainder to Mr. Pritchard—he never came back to me.
JOSEPH JOHNSON . I am a customer of Mr. Brandon. I ordered a quantity of boots and shoes of him, and they came up as they got them finished—the prisoner did not bring me any on the 30th of June last year—I received some afterwards, but not by the prisoner—I did not see him afterwards.
Prisoner's Defence, I got as far as Chiswell-street—I had a pint of beer, and left my goods outside; when I came out they were gone, and I did not like to return without them.
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Tuesday, June 16th, 1846.
Second Jury, before Mr. Recorder.
1221. JAMES PIZZEY was indicted for stealing 1 smock-frock, value 1s., the goods of Henry Crouch: 1 pair of harness, value 8s.; 1 belly-band, 5s.; 1 whip, 1s.; and 1 nose-bag, 1s.; the goods of Michael Redding and others, his masters; to which he pleaded
GUILTY . Aged 16.— Confined Fourteen Days.
1222. JOHN MORGAN was indicted for a burglary in the dwelling-house of William Sampson Hodgkinson, and stealing 7 pocket-books, value 3s.; 1 lantern, 2s.; 2 brushes, 2s.; 1 shoe-horn, 4d.; 1 knife, 4d.; his goods: and 1 coat, value 10s.; and 1 pair of coat-studs, 1d.; the goods of William Burnside: 1 hat, value 5s.; and 1 umbrella, 1l.; the goods of William Sampson Hodgkinson: and 1 ruler, value 5s., the goods of William Burch;to which he pleaded
GUILTY . Aged 20.— Transported for Ten Years.
GUILTY . Aged 18.— Confined One Year.
THOMAS MILLS . I live in Barbican. On the 18th of May the prisoner came to me with a written order, which I produce—(read, "Please to deliver to bearer one yard of green cloth, for Aaron Richold")—I knew the prisoner had been in his service, and I gave him a yard of green cloth, worth 9s.—I had never seen Mr. Richold's handwriting.
Prisoner. Q. Did not Mrs. Mills take the order from me t A. I cannot be certain which took it from your hand; I am not certain that I was present—he came at first when I was out, and whether he left the order then I cannot say—he had been on the Saturday before for a yard and a quarter for Mr. Richold—I then asked if he had an order—he said not—I said I did not like to deliver it without one—he said, "Oh, I will go back and fetch one"—*I said, "I will let you have it, but do not come again without an order," and on Monday he brougbt this order—I let him have the goods entirely on this order.
AARON RICHOLD . I live in Goldsmith's-buildings, and am a coachbuilder. The prisoner formerly lived with me, and left about a fortnight before this transaction—this order is not my writing—I am acquainted with the prisoner's writing, and believe it to be his—I did not authorize him to fetch the goods—he was on and off with me for eight years—I am certain it his writing.
Prisoner's Defence. It is not my writing; Mr. Ricbold, when short of money, has let me have materials instead of wages; I thought it no harm to get this; I went without his leave certainly.
MR. RICHOLD. I never sent him for goods without an order—he was in my debt when he left me—I never allowed him to write one—I have let him have materials in lieu of money.
GUILTY of forgery. Aged 32.— Confined Two Years.
1225. HENRY BARNABY was indicted for stealing at Harefield, 1 bag, value 6d.; 1 purse, Gd.; 20 pieces of parchment, 20s.; 1 20l., 4 10l., and 7 5l. Banknotes; 1 600l., 4 10l., and 7 5l. promissory notes, and 1 order for 100l.; the property of John Ratcliff, in his dwelling-house; and MARGARET BARNABY , for feloniously receiving one 20l., and 2 5l. promissory notes, well knowing the same to have been stolen.
MESSRS. CLARKSON and HUDDLESTON conducted the Prosecution.
JOHN RATCLIFF . I am a victualler, and live at Harefceld, four or five miles from Uxbridge. On Saturday, the 3rd of Jan., I had in a box in mj bed-room, (which I saw safe under my bed between four and five o'clock hi the evening, when I took some money from it,) about four 20l. notes of the Uxbridge Bank, a 20l. Bank of England note, nine or ten 10l. notes, some of the Uxbridge, and some of the Baak of England, and about fifteen 5l. notes of the Bank of England and Uxbridge, some title deeds, and other articles—r there was a bag, but, I believe, no gold in it—there are two beds in tit room—the box was under a bed close to my own—I locked the box, and left it there—my attention was called about ten o'clock that evening, and the box was gone—I gave information to the police, and offered a reward—I hai a dub at the house that day; I was short of hands, and was very busy—there were a great many people in all the rooms—the bed-room door is not always fastened—there is an out-house adjoining my house, in which I keep a butcher's-shop—I am in and out there several times a day, and was so between six and seven o'clock—I afterwards found the title deeds, and saw the 20l. note in the possession of Lee, the constable—I had received it from Mr. Collins, and am confident it was the same—the male prisoner was in the habit of being at my house—I have employed him as a labourer, and he knew the localities of the house—(looking at the 20l. note)—I know this by the name of "William Jupp" on it, and it being a little defaced with black ink.
JOHN JAMES RATCLIFF . I am the prosecutor's son, and assist in his business. On this Saturday evening, between seven and eight o'clock, I went into the back house, and found the back door open—I closed it—I had been there-about an bom before—it was shut then—the bed-room is on the first floor—I was at home all the evening—my father gave an alarm at ten o'clock—oo Sunday morning, the 4th of Jan., about nine, I saw the male prisoner aod Charles Lamb go up a road opposite oar house, in a direction towards Banyard's wood—I heard nothing of the property till the 17th of March, when Joseph Lacey gave roe information—I accompanied him to a furze-field about two miles from our premises—I saw Lacey's son in the field, and my taker's box in some furze—it was pointed eut to me as the place where Lacey had found it—I opened it, and found the thle deeds and a check for 100l.—there were no notes in it—the title-deeds and other property amounted to 7,000l. or 8,000l. value to him—there was a promissory note lor 600l.—all the property, except the notes and money, were in it, also the bag and purse—the lock of the box was broken.
JOSEPH LACEY . On the 17th of March I was cutting furze in a field at Hickmanswortb, and found a box, which 1 gave to Mr. Ratcliff, jun., in the state I found it—this is it—it was closed, but the lock broken.
WILLIAM MILLARD . I am porter to Mr. Oliver. Three or four months ago the male prisoner came and asked me if I could get him change for a 5l. note—this was at my master's shop, in Kingsland-road—I said, "Mr. Oliver, Mr. Holmes's man wants change for a 5l. note"—(he used to work for Mr. Holmes, of Harefield)—he said he would stand a drop of beer—I gave the note to Edward Oliver—he went forchange, and gave it to the prisoner—w> to a public-house and had a pot of beer—while there he said, "If you
see either of the other men you need not say anything of having seen me"—I suppose he meant the men who came from Harefield with beech—I was not aware that he had left Holmes then.
MARY BRANCH . I am the wife of Charles Branch, of Harefield, a labourer. I know the male prisoner very well—he lives at Harefield—on the Saturday night that Mr. Ratcliff lost his property I saw the male prisoner standing in the road as I came from Ratcliff's butcher's shop—he was a few yards from the public-house—it was about seven o'clock, or a little after—he was in the main road—the back door comes into the yard.
MATTHEW WEBB . I live at Harefield. On the 18th of March I was at work in Banyard's wood, where there are some stubs of trees—I found some papers in the wood with Mr. Ratcliff's name on them—I gave them to my father—I did not see any snares there.
CHARLES FILKNIS . I am a blacksmith, and live at Harefield. On the Sunday morning after Mr. Ratcliff's robbery I was in the neighbourhood of Banyard's wood a little after nine o'clock, and saw the male prisoner and Charles Lamb going in a direction from Mr. Ratcliffs towards Banyard's wood—I went another way to them, and saw some fresh footsteps had been over the hedge—I followed them, and that led me to two or three wire snares—I afterwards heard of Webb finding some papers—he pointed out the spot to me—it was where the snares were.
ELIZA FORD . I am servant to Mr. Ratcliff. On Saturday evening the 3rd of Jan. I went out about seven o'clock to fetch some errands, and met the male prisoner about ten yards from our back door, looking over the paling at the back of our premises—I was absent a quarter of an hour—when I came back he was not standing where I had left him—I could not see him at all—I went up stairs to take off my bonnet and shawl in my room, which joins master's—it was club night, and there were a good many people in the place'—I did not see whether the prisoner was in the house—it was between seven and eight when I returned—I did not go into master's bed-room—there are two beds in his room, and room enough between them to set a chair—when I came down stairs, J heard a rumbling noise in a little room over the bar adjoining master's bed-room—I thought it was master, and thought nothing of it at the moment.
MR. COLLINS. I am cashier to Hall and Co., of the Uxbridge bank. On the 27th of Nov. Mr. Ratcliff had from our bank ten 20l. Uxbridge banknotes—the 20l. note produced is one of them—I have the number and signature—I paid him at the same time five 5l. notes.
Cross-examined by MR. DOANE. Q. What is that paper which you have? A. A copy of the entry—I did not make the entry myself.
MR. RATCLIFF. I know this 20l. note by a particular mark on it—here is "W. Jupp" which I had seen on it.
WM. WARMAN . I live at Ruislip, about three miles from Harefield—I have known the male prisoner four or five years—six or seven weeks ago I was in his company for several nights, and on the Sunday we were together on Hare-field-common (I had heard of this robbery, and been accused of it myself—I was coming home from London one day, and met Charles Lamb)—I said to the prisoner, "Nanny, how sly you kept things, Charles has told me how you fetched the money out"—he said, "Has he? come and sit down, and I will tell you all about it"—I went and sat down under the trees—he told me he went about seven o'clock at night, or a little after, and pulled his shoes off a little way from the back door, opened the back door, and left it ajar; then
opened the stair foot door, went up three or four stairs, and saw John Ratdiff come to the back door—he stopped there till he went away—he saw John Ratdiff shut the back door, and when he went away, he went up stairs into the bed-room, and tried to light a lucifer, which would not light—he searched about the room, and could not find anything, that he went into the next room, and the servant-girl came up stairs, he went and laid down between the two beds, till she went down again; then got up, looked through the window, and saw Mr. Ratcliff sitting in his butcher's shop; that he put his hand under the bed, felt the box, lifted it up, shook it, but did not hear anything shake—it felt heavy, and he took it down stairs, and went and hid it—he did not say where—he said he opened it, and took some notes home to his wife to read them, but she said she could not read them, and the next morning Lamb came to the house, and said, "Nanny, old Ratcliff has lost a lot of money," and he said to Lamb, "I have got some papers I want you to look at"—Lamb said, "Let us go down into Banyard's, and look at our wires"—they went down there, and looked their papers and notes over, and them as warnt any good they tucked into the stubs—they brought them home again, and halved them—he took his half down, and sewed it up in his mother's bed—Lamb's wife sewed hers round her petticoat and in her stays—he said that next night they took the box to the footpath, and took it across Juniper's into a footpath, and went out into the road, and saw the policeman, and after seeing a policeman they went round the other way to the box, and took it into the furze field, and hid it in the furze—he said he gave his sister some of the notes—I then left him—after the robbery he came to me, and asked me to go to London with him, for he was in a bother, and had no money but a note, and wanted me to see what it was—I said, I was no scholar—we went to London, and took the note to my mother, Mrs. Kempton, to read—she said it was a 5l. note—I went whh him to a timber-yard, and saw Millard, to whom he gave the 5l. note—Millard gave it to the boy to get change—he brought the change, and gave it to the prisoner—he told Millard if any of his men came up, he had no occasion to say anything to them about it—he asked Millard to go and have a pot of beer.
Q. Had you spoken to him about Ratcliff's robbery before this conversation? A. Yes, and he said he knew nothing about it till after I said I had seen Lamb—Lamb had not told me about it, but I said he had, to get it out of him—we returned from London to Uxbridge by the train, and he paid 1l. out of Millard'8 money, which he had been fined for poaching—I knew he was out of employ on the 3rd of Jan., and that made me suspect him, when he told Millard not to say anything—I had nothing to do with the robbery, I was accused of it, and they searched me and my mother's house, and I did what I could to find it out—I have been in trouble for poaching.
WALTER ROBERT LEIGH (policeman). In consequence of suspicion, I got a warrant and searched Warman's mother's house—I had a warrant against him and the male prisoner also—I know nothing was found at Warman's house—I did not execute the warrant myself—Lamb has been in custody, charged as a receiver, and discharged—I do not know where to find him now—it was not known that the prisoner bad made a disclosure then—Lamb I believe lived in Norfolk, and has returned there—Harefield is his native. place—on Saturday evening, the 3rd of Jan., I was at Harefield, and saw the male prisoner after sunset—he had a pair of heavy laced-up boots on—I saw him unlock the door of his cottage, take off the boots, and put on a pair of lighter ones—he came out and walked towards Mr. Ratcliff's house—I saw
him about six that evening, standing at the crossing opposite Ratcliff's door, looking about—he was afterwards given into my custody in May by Howard, who apprehended him—I said, "I suppose he told you the charge he brought you on?"—he said, "I don't remember"—I said, "It is for Mr. Ratcliff's bank-note robbery"—he said, "I was not in Mr. Ratcliff's house on the night of the robbery, and as to the bank-notes I never had one"—on Wednesday, the 20th of May, I went to Miss Pitts, Kensington-square, in consequence of information I received from Warman, and found the female prisoner in service there—she is the male prisoner's sister—I told her I heard she had received some bank-notes from her brother, and that I was a police-officer—I was in private clothes—she denied it several times—I said I was confident of my information, and should search her box—after some hesitation, she said she had received two Uxbridge 5l. notes from him four months previous, as near as she could judge, and that he told her he had found them—she took me to the tradesmen where she had passed them afterwards—I found her statement correct—she said she had passed them to Mayhew and Jeffrey—I said, "I have very strong suspicion you have more notes"—she said she had not—I explained to Miss Pitts the nature of the case, and after some hesitation the prisoner said she had got a 20l. Uxbridge note, which she received from her brother—she took me to her box in the kitchen, and produced it from there, and said her brother said he found it, that she received that after the fives.
Cross-examined. Q. You found her in respectable service? Yes—her mistress spoke highly of her.
JOSEPH MATHEW . I am assistant to Mr. Corder, linen-draper, of Kensington. Last Feb. the prisoner bought some black merino for a dress, and paid me a 5l. Uxbridge bank-note—I asked her name and her mistress's address, which she refused to give me—she had been in the habit of coming to the shop.
Cross-examined. Q. You had no suspicion of her conduct? A. No—Mr. Corder knew where she lived.
WILLIAM HOWARD (policeman). On the Sunday night after the robbery, at twelve o'clock, I was in the road leading from a furze field to Banyard-field, and saw the male prisoner coming along the road, in company with Charles Lamb in a straight direction to where I was standing—when they got close to me I stopped them and asked where they came from—they said they came straight along the road and were going to Banyard's-heath—I let them go—they were nearly a mile from the furze field where the box was found, but in a direction from it, and about two miles from the snares—I apprehended the male prisoner on the 18th of May—on coming to the station he asked me what I wanted him for—I said I would tell him when we got there, and when we got there he said, "Do you think I have got old Ratcliff's money I"—I said, "I leave you to say that"—he came round and said, "Has that d—d Warman been saying anything?"—that is all that passed.
Henry Barnabys Defence. I gave my sister the notes, I did not know what they were.
HENRY BARNABY— GUILTY . Aged 22.— Transported for Ten Years.
MARGARET BARNABY— NOT GUILTY .
NEW COURT.—Tuesday, June 16th, 1846.
Sixth Jury, before Mr. Common Sergeant.
MESSRS. BODKIN and DOANE conducted the Prosecution.
ELIZA RICHARDS . I am the wife of John Richards, a rope-maker, in Greycoat-street, Westminster—on the 30th of April the prisoner came between seven and eight o'clock in the evening, for a pennyworth of twine—I could not perfectly understand him—he pointed to the twine and had a pennyworth of it—he gave me a shilling, I had not change and gave it to Ragan to get change, he brought back the shilling, and said in the prisoner's hearing that Mrs. Brown said it was a bad one—the prisoner wanted to get it back, but I took it up—I said I would go and get change—I went out for the purpose of getting a policeman—when I returned the prisoner had been gone some time—I am sure he is the man—I afterwards gave the shilling to the policeman.
Prisoner. I never saw this woman before. Witness. I could tell him from many people.
MR. DOANE. Q. When you saw him a week afterwards did you hear him speak? A. Yes, and I knew him by his speaking—he is the man.
JOHN RAGAN . I was in the service of Mr. Richards—on the 30th of May. the prisoner came into her shop—I am sure he is the man—my mistress gave me a shilling which came from the prisoner—I went to Mrs. Brown's for change, she said it was a bad one—she took it in her hand and was biting it—I did not lose sight of it—I took the same shilling back to my mistress—she said she would go and get change—I staid at home with the prisoner, he said to me, "Come and show me where you went to get change"—I went with him and he saw a lad—who hallooed out to him, "Do you want to get pinched?"—the prisoner then ran away.
WILLIAM WEEKS . I keep the King's Head, in Orchard-street, Westminster. On the 7th of May the prisoner came to my house, at two o'clock in the morning for a glass of gin—he gave me a counterfeit half-crown—I broke it into two pieces—Mr. Dawkins was there—I showed it to him—he took the prisoner into custody—I got the two pieces of the half-crown again from Dawkins.
DANIEL DAWKINS . 1 was at Mr. Weeks' on the morning of the 7th of May—I have been an officer—I took the prisoner in my care—I received from Mr. Weeks two pieces of a half-crown—I marked them and gave them the officer—these are them.
Prisoner's Defence. I was selling oranges and a girl came with the halfcrown and had a dozen oranges, I gave her one shilling's worth of halfpence and one shilling in silver.
GUILTY . Aged 23.— Confined Three Months.
WOOD pleaded GUILTY . Aged 13.— Confined Three Months.
was in Smithfield on the 22nd of May—I felt a tug at my pocket, and soon after the policeman produced this handkerchief to me—it is mine—it is marked "E.M."—I had seen Stagg standing close hy me.
JAMES ORAM (City police-constable, No. 355). I observed the two prisoneri on the 22nd of May for ten minutes or a quarter of an hour trying gentlemen's pockets—Wood then went and stood close behind the prosecutor and Stagg behind Wood—Wood took the handkerchief and passed it behind, and I saw it under Stagg's coat—I took him with it.
Wood. I own I put it under his coat, but he was not with me.
STAGG— GUILTY . Aged 18.— Confined Three Months.
THOMAS STEVENS . I am a soap-manufacturer, and live in Dock-street, Whitechapel—the prisoner was in my service for eighteen months—I sent him out with soap on the 21st of May—I have since seen some soap produced by the officer—it corresponds with that 1 sent the prisoner out with—I could not swear to it—it was like mine in every respect—the prisoner was to go to several places with the soap—I cannot tell whether he went—I seldom have anything to do with it myself.
JOHN DODD (police-constable H 45). I stopped the prisoner between nine and ten o'clock that night with this soap under his arm—I asked what he had got—he said, "Nothing"—I said he had—he said, nothing but his coat—I said, "Surely you have something else"—I felt and said, "There is something hard"—he said, "No, nothing but my coat"—I undid his coat and found these four bars of soap—he said one of their men had put these four bars of soap over-weight, he did not like the man to get into trouble, and he was going to take it home—I took him to the station—Mr. Stevens came, and the prisoner then said it was four bars of soap that he ought to have left ia Kennington-lane.
Cross-examined by MR. BALLANTINE. Q. He said he meant to take it the next morning? A. Yes.
MR. BALLANTINE to THOMAS STEVENS. Q. You have a customer in Kennington-lane? A. Yes—I do not know that there was an over-weight which was desired to be put into another box—there were two places he ought to have delivered soap at, and one place they did not weigh it.
NOT GUILTY .
1229. ROBERT LUDLAM was indicted for stealing 1 bag, value 1d. 30 sovereigns, 8 half-sovereigns, 32 half-crowns, 15 shillings, and 3 pence; the property of George Myers, his master; to which he pleaded
GUILTY . Aged 23.— Confined One Year.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 26.— Confined Two Months.
GUILTY . Aged 26.— Confined One Year.
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Wednesday, June 17th, 1846.
Third Jury, before Edward Bullock, Esq.
GUILTY . Aged 36.— Confined Twelve Months.
WILLIAM BLAND STOREY . I am a ginger-beer maker, and live in the Hackney-road. On Thursday, the 7th of May, I employed the prisoner to sell ginger-beer for me—I sent him out that morning with five dozen and five full bottles, and the rest empty ones, to the amount of eight dozen—he brought the same quantity back about twelve o'clock—he said he could not sell any—he went out again about two o'clock with the same articles, and did not return—I went with a policeman next day to the Britannia Saloon, found the prisoner there, and gave him in charge—he was taken to the station—he said Douglass's chap had persuaded him to sell the bottles, and he had sold them to Mr. Wickham—they were my property—I found my truck by the side of the road, and nothing upon it—he also had an earthen pot—I have since found the tumbler which I thought he had.
Cross-examined by MR. ROBINSON. Q. Did he say he himself sold them? A. I am not positive whether he said he sold them himself, or the person with him sold them—Douglass is a ginger-beer maker—I have seen his man—I never spoke to him—I do not know where he is—the prisoner was only in my employ that day—I have not received any money in payment for this.
JAMES WICKHAM . I am a ginger-beer manufacturer in Catherine-street, City-road. I never saw the prisoner till I saw him at the police-office—I never had any dealings with him—he never came to me with a basket, to my knowledge—I bought some bottles of a man about twenty-one years of age, much older and stouter than the prisoner.
Cross-examined. Q. Older than him? A. Yes, and a head taller—there, was no ginger-beer in the bottles—I bought them in the morning.
JOHN WESTBURY (policeman). I found the prisoner at the Britannia Saloon—I went to the station with him—I neither threatened nor promised him—he said him and another chap sold the bottles to Wickham for 4s., and they halved the money between them, and they threw the ginger-beer away.
Cross-examined. Q. Are you quite sure he said he sold them? A. He and another chap.
COURT. Q. Were you present at the examination? A. Yes—I know the Magistrate's writing—this is it—(read)—the prisoner says, "I did not sell the bottles to Mr. Wickham; it was the other young man; I stood outside; we afterwards parted the money between us; he followed me about all night, and persuaded me to sell them; he wheeled the truck into the square."
(The prisoner received a good character.)
GUILTY. Aged 17.—Strongly recommended to mercy by the Jury and Prosecutor. — Confined Fourteen Days .
Before Lord Chief Justice Tindal."
MESSRS. ELLIS and BODKIN conducted the Prosecution.
WILLIAM PENNY . I am inspector of the G division of police. On Wednesday, the 6th of May, between four and five o'clock in the afternoon, in company with other officers, I went to a house in New-court, Duck-lane, Westminster—I went up stairs to the front room second floor, and found the door fastened inside and out—I was provided with hammers and implements to break open doors—these two large logs of wood were placed against the door inside, and it was fastened outside by two bolts, one at top, and one at the bottom, and two planks, about two and a half inches thick, which reached from top to bottom, were nailed outside the door, to give it the appearance of an uninhabited place—we broke it down in an instant with our implements, and saw the prisoner there alone—I had four officers with me—as soon as I entered the room I saw the prisoner standing by a large clear fire—in her right hand she had a large plaster of Paris mould, in her left this large iron spoon, containing white metal in a fluid state—she put the spoon on the hearth, and at the same time lai'd hold of a counterfeit half-crown, with a get attached to it, off the mantel-piece, and put it into the iron spoon, which was quite hot, and the metal was in a fluid state—she at the same time dashed the mould on the floor, and commenced stamping upon it with her feet—Brannan then secured her—I produce three Britannia metal spoons which I found upon the mantel-piece, one partly melted, a file, the teeth of which were foil of metal, that was on the mantel-piece, also a piece of white metal—I also produce a piece of a mould which I found on the hearth quite hot—it was part of the one which she threw down and destroyed—she abused us very much, and said, "You b—s you thought you had me to rights, but you b—i you have not; if you had been here half an hour sooner you would; you ought to have been searched before you came here."
Cross-examined by MR. PAYNE. Q. Was that all she said? A. Yes, at that time—she said more at the police-court—she said, "You ought to have been searched before coming into the room, for you bring a parcel of things into the room, drop them here, and say I have done it"—I did not mention that before because I was not asked—I should have recollected it in an instant.
JAMES BRANNAN (police-sergeant G 20). On the 6th of May I accompanied the officers to a house in New-court, Duck-lane, Westminster, to the second floor front room—the door was securely fastened—it was broken open by sledge hammers by Penny and another constable—I saw the prisoner with a large piece of plaster of Paris, which I believe to be a mould, in her right hand, standing close to a clear fire—she had a ladle in her other hand—I saw her stoop down and place it upon the hearth—she dashed the mould down, and stamped upon it with her feet—I instantly seized her and secured her, and gave her to Tate, and commenced picking up the pieces of plaster of Paris, which were very warm, under her feet, where she had stamped—I did not see her put anything into the spoon myself—I found a Britannia metal spoon upon the hearth, very hot—the top of it is melted off—I fonnd upon the table several pieces of copper wire, with some silver-leaf attached—die
wire was damp with some wet fluid—it was close to some galvanic batteries, which had fluid in them at the time—I picked a bottle off the floor which was broken, and some liquid from it was spilled upon the floor—I found a quantity of plaster of Paris in powder, in a bag in a cupboard—there was a handkerchief round the bag.
Cross-examined. Q. How high is the room window? A. The window-sill is fourteen or sixteen feet from the ground outside.
COURT. Q. How do you suppose people got into the room? A. They must have knocked and been admitted—the boards outside might remain as they were, they might take down the planks from inside, and admit them.
EDMUND WHITE . I accompanied the officers to this house—I produce one galvanic battery and a pot with silver sand in it, they were on a table; two brushes, which were quite wet with plaster of Paris; a basin, in which plaster of Paris appears to have been mixed with water; and some pieces of a mould, which 1 found quite warm on the hearth.
Cross-examined. Q. Who did you receive instructions from to go there? A. From Penny.
HENET TATE (police-constable G 2). On the 6th of May I went with the other officers, assisted in forcing the door open, and saw the prisoner standing alongside the fire-place—Bran nan took her in charge—I found some galvanic batteries on a table, which I took possession of—I had seen her stooping towards the fire—I found this jar and a quantity of solution in it, which I have now put into a bottle—I found a small file, a quantity of plaster of Paris in a saucer in powder, and a pair of nippers.
Cross-examined. Q. You say Brannan had her in custody; did he not push her towards you, and you take her into a corner? A. Yes—about a minute after he entered the room—the half-crown burnt me—I did not hare it in my hand, but Penny put it alongside my hand and it burnt me—it touched my hand.
COURT. Q. Then you saw the spoon first on the fire? A. Yes—she had pat the half-crown into it which she took off the shelf—she then took the spoon off the fire and put it on the hearth—Inspector Penny took it up, and took the half-crown out, all in a fluid state—one end of it was melted—the metal in the spoon was in a fluid state—I produce a piece of a counterfeit shilling, which I found on the hearth—there was a piece of carpet near the fire all over melted metal—the prisoner was taken to the station—I went there afterwards—next morning she called me, and said she bad swallowed a good half-crown while we were breaking the door open and that she was very ill—she appeared very ill, and was sent to the hospital.
Cross-examined. Q. What did she say when you entered the room? A. If we had been half an hour sooner, we should have got her to rights, she was not to rights yet—before she took the iron spoon off the fire she put the half-crown into it—I saw her take it off the shelf just before I could get into the room, and put it into the spoon, which was in her left hand, at the same time—that was the first thing I saw—I have not said, within the last few minutes, that she put it into the spoon before she took it off the fire—she put it in while she had it in her hand—it was all done in a minute—it was all close to the fire-place—it was such a momentary thing—it was not down on the hearth when she put it in.
DANIEL FORBES . I am inspector of the B division of police. On the afternoon of the 6th of May the prisoner was brought to the police station in Vincent-square—I took the charge—about an hour after she was locked up
she complained of great pain in her throat, and said that in the confusion, when the officers entered, she had swallowed a good half-crown—I saw a protuberance at the bottom of her throat, and sent for a surgeon, who recommended her to be removed—she was taken to the hospital, and was brought back about nine o'clock, and was then locked up.
Cross-examined. Q. This was in the afternoon of the day it happened? A. Yes—she came back the same night, and did not complain afterwards.
JOHN FIELD . I am inspector of counterfeit coin to the Mint—this is a counterfeit half-crown, cast in a mould—it is white Britannia metal—it hat been partly fused, but there is all the impression of a half-crown on it—it ii of the reign of Geo. III., 1819—putting it into hot liquid metal after leaving the mould would give it this appearance—it is the same metal as the spooni—(examining the articles produced)—this is a piece of metal called a "get," which is attached to the coin, and subsequently separated—here is a piece of similar metal, which appears to have been in a state of fusion—here is similar sort of metal adhering to this piece of carpet—these are three white Britannia metal spoons, and an iron spoon, containing similar metal, which has been fused—a file, the teeth of which are full of similar metal, and it is used to remove the surplus metal off the coin after casting—here is another file, a galvanic battery, and another in a jar—they are used to electroplate coin or anything—they are Smee's batteries—this bottle produced by White contains a solution of salt of silver—another bottle with a weak dilution of sulphuric acid, used to excite the battery—these copper wires are to conduct the battery to the articles to be plated—here is another quantity of the same solution—toil plaster of Paris is what moulds are usually made of—there is no impression remaining on the pieces of the mould—they are made of plaster of Paris—the whole apparatus is what are used to make counterfeit coin, and a good half-crown is used to make an impression on the mould—here is a portion of a counterfeit shilling nearly fused—silver sand is used to polish the metal before tke galvanic operation.
Cross-examined. Q. Galvanic batteries are used for other purpose!? A. Yes—I did not send the officers to this place.
GUILTY . Transported for Seven Years.
Before Mr. Justice Patteson.
MESSRS. ELLIS and HUDDLESTON conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor to the Mint—I produce a copy of the record of the conviction of Ellen Parker and another of uttering counterfeit coin at Exeter, in July, 1842—I examined it with the original at the office of the clerk of the peace—it is a true copy—(read).
HYACINTH ROMULUS CARLES . I am a perfumer, and live in Conduit-street—on Friday, the 29th of May, between four and five o'clock, the prisoner came to my shop for a bottle of eau-de-Cologne—she said she wanted the very best, and before I could serve her she wanted another bottle—I gave her two bottles—she offered me a sovereign—before I gave her change she told me to go to dress two ladies' hair at Lady Harewood's, Harewood-place, at six o'clock precisely, and named Miss Day as one of the ladies—I gave her I half-a-sovereign, half-a-crown, and a sixpence change—before I gave her the I half-sovereign 1 sounded it on the counter, and it was "real good"—the prisoner took up the change in her hand, and observed that the eau-de-Cologne
was too cheap to be the very best, that she had been in the babit of paying 5s. a bottle at Dover, where she had come from the day before, with Lady Harewood, with whom she had come from the Continent—I told her it was the very best, mine was 3s. 6d. a bottle—she then said I was to bring three bottles with a bill to Lady Harewood's at six o'clock, and to be paid for all together, and asked for her sovereign back—she had then put the change oo the counter—I noticed that the half-sovereign was not so bright as the one I had given her—I took it up, and saw that the colour was green—I tried it, and it was a bad one—I then recollected that I had seen her at my shop before, which had not occurred to me before—I called my brother out of the backroom and sent him for a policeman—I did not tell her the half-sovereign was bad, but she saw me bend it, and heard me tell my brother to go for a policeman—she remained in the shop and I was facing her looking at her—a policeman came in about half an hour, and I gave him the half-sovereign, which I had kept in my possession during that time—I went to Lady Harewood's that evening, but did not find any Miss Davis, or any ladies who wanted their hair dressed, or eau-de-Cologne.
Cross-examined by MR. O'BRIEW. Q. She remained in the shop about half an hour? A. Yes—I had my eye on her constantly—she took up the change and apparently put down the same coin from the same hand, in three or four minutes—I have got her sovereign now, also the half-crown and sixpence.
COURT. Q. Had anybody been in the shop during the half hoar? A. No, no customers.
JOHN MILLER (police-sergeant C 14.) I was called into Mr. Cades's shop, and found the prisoner standing with her back to the shop window—it joins the door, which was open—I took her in charge, and received the half-sovereign from Mr. Carles, which I produce—I asked the prisoner for a reference—she said she would tell the Magistrate that—I took her to the station, where a female searched her—it is a quarter of a mile from the shop—she walked that distance with me, and there were a great many people passing—she might have dropped anything—nothing was found on her but some keys and a purse, no money—she gave the name of Ellen Davis, 9, King-street, Holborn—I went there, but could find no person answering her description, or that name, or who knew her.
Cross-examined. Q. She stood by the side of the shop door? A. Yes. JAMES GILBERT. I am steward to Lord Harewood, and know all the servants—the prisoner was not one of them—I never saw her before—there was nobody named Day in the house, nor anybody sent for to dress two ladies' hair—Lady Harewood had been in London for a month before this, and has not been at Dover for ten years—the had not been on the Continent.
JOHN FIELD . I am inspector of counterfeit coin to the Mint. This half-sovereign is counterfeit in all respects—it is cast in white metal with an impression from a good half-sovereign, and afterwards gilt by the electro process—it will not ring as a good one, and is less than half lighter.
GUILTY . Aged 30.— Transported for Ten Years.
(The prisoner has been repeatedly in custody for like offences.)
Before Lord Chief Justice Tyndal.
MESSRS. HUDDLESTON and BALDWIN conducted the Prosecution.
HENRY MATTHEWS . I am a copper-plate printer. On Tuesday, the 19th of May, I went to the Crow, New Union-street, Little Moorfields, at nine o'clock—there were several people there—the prisoner came in I think
a little before ten—John Oddy was there when I first went in—I knew them both before—I have drank with Oddy several times—he is a shoemaker or something in the leather line—the prisoner wanted to drink out of a pot of beer which stood on the counter, belonging to Oddy and his companions—he went to take it up—Oddy said he should not have it, and told him to go and work for it—he called him a spunging beggar, and said he should have no beer from him—the prisoner appealed to a wooden-legged man, another shoemaker, to know whether he was a spunging beggar—the man said, "I don't know, Joe, I never saw you spend much"—there was then a laugh and kind of ridicule—they stood talking and wrangling like together, the prisoner, Oddy and five or six more, in a cluster round the bar—I did not take particular notice what it was about—I did not hear any abusive language—it was chaffing and wrangling mixed together—a few minutes after the first attempt the prisoner tried to take the pot up again—Oddy then took it up and held it at arm's-length with one hand, and kept the prisoner at a distance with the other, that he should not get bold of it—it was not done violently—I did not see him move out of the position he stood in—there were no blows—the prisoner stood a minute or two, then muttered something, gave his foot a bit of a stamp, then turned and went out—he came back again in I suppose ten minutes or a quarter of ar hour, as near as I can tell—he pushed the door open with his arm and looked in—the wooden-legged man who stood there went towards the door to him and said, "Do you want me, Joe?"—the prisoner said something, I did not bear what, and nodded his head towards Oddy—Oddy then went towards him, and as he went a man standing at the side of the door said to Oddy, "Mind, Jack, what you are about, he has got a stick or a poker behind him"—the prisoner eould hear that—Oddy went on, and said, "I will stick him," meaning that be would take the stick from him—he then went out at the door—the people inside ran out at the other door—I followed Oddy out at the same door as he went out at—I do not think anybody else went out at that door—Oddy went towards the prisoner—in going out at the door the prisoner backtd away from the door till he got within a foot or two of the corner of the street, five or six yards from the door—when Oddy got to the prisoner he put his left hand on the prisoner's shoulder and the other behind him to feel what he had got under the tail of his coat, saying, "Give it us Joe," or something, "like a man"—I heard the words, "Like a man"—it was said quite in a calm manner—the prisoner then punched him, as I thought, two or three times in the stomach—I conld not say how many times—Oddy drew himself in and said he had a severe blow, he was stabbed—the prisoner was tripped up by a man, and as he went back a knife went out of his hand down a grating behind him—I could not see that it was a knife at the time, but I heard something fall—I put my arm down the area and got a knife up, which I gave to the policeman.
Cross-examined by MR. CLARKSON. Q. I believe the deceased was tipsy? A. I did not see him so fresh as he was at that time for some time before—I believe all the persons there were shoemakers—they were chaffing and joking within a few minutes—the prisoner was rather fresh—I cannot say how many men were with the deceased—I was not with him—I did not see the wooden-legged man take some coppers from the prisoner's pocket, nor hear of it till now—his name is Wood—they call him Tom Wood—I saw him at the corner of Newgate-street to-day.
Q. On the prisoner's return, after going away, did not one of the party say to the prisoner, "Now then, shopmate, here is the beer," and pretend to offer it to him? A. I think there was something of that said—I cannot say I saw the pot drawn away when he went for it—the prisoner seemed vexed when he
came back—he drew back as Oddy went to him—the whole party got up to go out, expecting there would be a row, as is generally the case with shoemakers when drunk, they generally have a fight—the man who gave the caution went out—when Oddy said, "I will stick him," he might have said, "I am determined to see what the rascal has got"—it was something of that—I think he did use the word, "rascal"—he was going to the door at the time—I did not see him collar the prisoner—I saw his hand on the top of hit shoulder and the other round him, and on that I immediately saw the punches in the belly.
JURY. Q. Was there any blood on the knife? A. I was so flurried, I gave it to the policeman immediately—it was a sharp pointed shoemaker's knife.
SAMUEL BOWDEN . I am a boot-closer, and was at the Crow on the 9th of May, in company with Oddy—there were fourteen or fifteen there altogether—I just remember the prisoner coming in—we were drinking porter—I was talking to a person, and leaning against the bar—I looked now and then, and there was a little talking between them—I heard that Carter wished to drink, and Oddy told him he was either a spunging beggar or character, and refused to let him drink—there was a little bit of a scuffle, but no blows, it was keeping him off the pot, as he wanted to drink a second time—he called him the same as before—the prisoner turned round to Wood, and said, "Joe, do you know me to be a sponger?"—Wood said, "I never knew you to be anything elie"—the prisoner made a bit of a stamp with his foot on the floor, and left the house—he came back in ten minutes or a quarter of an hour—he stood outside the door, with the door bent in, and Wood said, "Do you want me Joe—he said, "No! I want Oddy"—previous to that, somebody said he had a poker, and somebody said he had a stick behind him, and cautioned Oddy not to go—Spencer held a quart pot out with some beer in it, and said, Joe come in and drink, and be a man"—Joe said, "No, I shall not"—Oddy then followed out, and I being the furthest from the door, was one of the last out—when I got out the injury had been done—the first person who spoke to me was Oddy—he said, "Bowden, I have got a violent blow in the belly"—the prisoner was down on the ground at that time—I do not know whether he heard it.
Cross-examined by MR. CLARKSON. Q. Oddy, I suppose, was quiet all the way through? A. He was in liquor, and the prisoner had been drinking evidently, he was the worse for liquor—I did not hear Oddy call him a rascal—he did not catch hold of him in my presence—I have broken my arm—that did not happen on this occasion, I slipped down on Sunday fortnight coming out of the Crow—I had been drinking then, and might be drunk—when Oddy went out, I went out with the rest to see what was going to happen between him and the prisoner—I was sober.
THOMAS SPENCER . I am a boot-closer, and was at die Crow talking to Oddy when the prisoner came up to him—Oddy said to him, "I will give you none of this beer, go home, and work for it as I do," and called him a spunging fellow—I was quite sober—I had not been there ten minutes—the prisoner turned round to Wood, and said, "Tom, did you ever know me a sponger?"—Wood replied, he never knew anything better of him, for he never had any money—there was no abusive language on Oddy's part—Carter stood on the right hand side of Oddy, and used some very abusive language to him—no blows were struck—Carter went out—in about three minutes I and two others followed him out—he went to the right towards White-street—as he walked along, I heard him make the reply, "D—your eyes; I will fetch something that will do for you."
Q. You call it a "reply," did anybody speak to him? A. No—but Oddy,
Shaw and me stood on the curb and we laughed, and we thought that was in reply to our laugh, as be turned round on our laughing, and used that expression—I saw him come back in, I should say, from seven to ten minutes—we bad then all three gone back to the house—he came, and looked in at the door—I saw bis right hand under the tail of his coat—there was a man sitting on a tub by the side of the door, who said, "He has got a stick or a poker behind him"—Wood walked towards him, and said, "Do you want me, Joe"—he replied, "No, Oddy"—I was talking to Oddy when I heard the reply—I turned round, and looked at the man—I took up the pot, stepped towards biro, and said, "Here, shopmate, drink, come in, and be sociable"—he said, "No, I shan't"—I then went up to Oddy, and said, "I will go out at the other door, and see what he has got," and as I stood at the other door, he beckoned with his head towards Oddy—Oddy stepped towards him, and said, "What do you want with me?" and followed him out—as I was going out at the door, I saw Oddy step off the step—I said to Oddy, "Do not go near him, I think he has got a knife"—I then saw bim make a thrust at Oddy with his right hand—Oddy was doing nothing with his hands at that time that I noticed, in the least—I did not observe his hands on or near the prisoner—they stood within a very short distance of one another—I put my hand on the post at the corner of New Union-street, seeing the prisoner backing towards New Union-street, and I tripped him up—he fell on his back, and the knife fell from his right band.
JAMES SHAW . I was at the Crow, and saw the prisoner take hold of the pot which Oddy's beer was in—there was a chaffing and wrangling—I went oat with Spencer, when the prisoner went out—we all laughed together, and Carter said, "D—n you, I will fetch something that will do for you"—he went towards White-street—he lives in Reynolds-court, Ropemaker-street—he was going in a direction for bis own house, which is a hundred or a hundred and fifty yards from the Crow—he came back in ten minutes or a quarter of an hour—I saw him come to the door—I did not hear him call Oddy—Wood went to him, and asked if he wanted him—he said, "No"—he beckoned towards the deceased with his head—Spencer offered him some beer—I saw Oddy go out to him, and Carter backed out with his right hand behind him—Oddy followed him for two or three yards—Spencer exclaimed, "For God's sake, Jack, don't go near bim, he has got a knife"—the prisoner instantly gave Oddy a thrust on bis left side—he was about half a yard from him at that time.
Cross-examined by MR. BALLAKTINE. Q. You are in the shoe business? A. Yes—I was joining in laughing and jeering at the prisoner—we laughed at what he said, not making fun of him—I did not see any money taken from the prisoner's pocket.
MR. HUDDLESTON. Q. What were you laughing at? A. Carter said to Wood, "What do you know of me?"—Wood said, "I know nothing of you but a spunger, you have never got any money."
THOMAS RIGBY . I am a shoemaker, and live in Reynolds-court, Ropemaker-street. The prisoner lodged and slept in the same room with me—on Tuesday evening, the 19th of May, I went out, leaving him at supper—I came back—he was not there then—I was in bed about ten minutes after ten o'clock, and it could not be long after that that he came in, for I bad lighted a very small bit of candle, and it was still burning—he rapped at the door—I said, "Joe, is that you?"—he said, "Yes"—I asked if he was coming to bed—he said, "No"—he came up stairs as if he was drunk—he walked across to his seat and took a knife from his tools—I saw it in his hand—T asked what he was going to do with it—he said it was no business of mine, and went away—I was going to stop bim from going out with it, but he went out quickly.
Cross-examined. Q. Did he appear to be drank? A. Yes, I considered to.
DANIEL BLAY (City police-constable, No. 150.) I was on duty near by Crow on Tuesday night—I saw the prisoner come out and go towards White-street—as he passed roe I heard him say, "D—your eyes, I will do for you"—in consequence of what happened afterwards, I went outside the Crow aad gaw Oddy—Matthews gave me a knife, which I gave to Martin—that now produced is the same—there was no blood on it when I saw it.
Cross-examined by MR. CLARKSON. Q. Did this expression appear to be addressed to anybody? A. To himself—if I bad thought it referred to anybody I should have interfered.
THOMAS LLOYD . I am a surgeon, and live in Basinghall-street The deceased was brought to my house on Tuesday, the 19th—he had two wounds, one serious, and the other superficial—his death was caused by a wound on the left side of his belly, a little below the ribs—the knife produced could have caused that wound—it could hare been drawn out again withoa* having been made bloody—I saw him after he was dead.
Cross-examined. Q. One wound was purely superficial? A. Yes.
GUILTY of Manslaughter. — Transported for Life.
NEW COURT.—Wednesday, June 17th 1846.
Fifth Jury, before Mr. Common Sergeant.
GUILTY of a common Assault. — Confined Nine Months.
MR. PARRY conducted the Prosecution.
HENRY WILDMAN . I am a glass and china-dealer at Irongate-wharf Paddington. I have known the prisoner many years—I have always dealt with him as in the employ of Messrs. Gammon and Co., of Birmingham—on, the 8th of Dec., I paid him 57l. 3s., for Gammon and Son, as a balance due for goods received up to that period—he gave me this receipt—on the 17th of Feb. I paid him 94l. 14s. on their account—this is his receipt for that.
CHARLES GEACH . I am manager of a bank at Birmingham. I am acquainted with Mrs. Mary Gammon and her son, and have been so for many years—I was executor under the will of her late husband—she never took any part in the business of the glass-manujkctory at Birmingham—she shares a portion of the profits—it is carried on under the firm of Gammon and Son—the prisoner has been in the employ of the firm eight or nine years—he has resided in London I think the last five or six years—I have been in the habit of corresponding with him—I act for Mrs. Gammon in the business—the management does not rest on me in detail.
Cross-examined by MR. CLARKSON. Q. Was the employment of the prisoner altered in 1842? A. I think it was—I sent to him in writing the terms under which he was engaged—this is my letter to him.
This letter contained the following paragraph:—"The agreement is, that you shall be paid a commission of 3 per cent, on the net receipts from orders to the concern, not being from the Birmingham connection, or on account of orders for exportation, unless such orders for exportation were obtained from new customers expressly by you; but from this commission of 3 1/2 per cent. you are subject to a deduction of 3 1/2 per cent. for all bad debts arising to the concern from customers on whose payments you would have had a commission, but on the understanding that if your commission does not reach
300l. a year, that you shall be paid that sum, and that you shall be allowed to draw at that rate till the time of settlement."
MR. PARRY. Q. These were the terms on which he was employed from 1842? A. Yes—he was agent in London—I have had frequent communications with him, both verbal and otherwise—he was in the habit of receiving money on account of the firm—it was bis duty on receipt of them to transmit bills direct to Birmingham, and the cash to a banker's in London—he was constantly in the habit of transmitting sums that he so received, with the statement from whom he received them, immediately after the receipt of them.
Q. Here is something said about a settlement in this letter, were you in the habit of settling with the prisoner, as to the amount of commission he was to receive for his orders? A. Yes—on the 31st of March this letter—(looking at it)—was received in the prisoner's handwriting—it is an account of his claim for service during the past twelve months, and a statement of the monies received in payment of that account—this is dated March 31, 1846—it was my habit to settle with him at that time—he here makes a statement of 53l. 6s. 3d. due to him from Gammon and Son—I have never received from him to the credit of Mr. Henry Wildman, 57l. 3s., nor 94l. 14s.—it was his duty to have remitted these sums immediately he received them, and he has not done so.
Cross-examined. Q. This man had been engaged in some capacity for eight or nine years? A. Yes, it may be more—he was what may be popularly termed a traveller—I have no recollection of there having been any negotiation on the subject of a partnership—I do not believe there ever was—he was entitled to a commission on the whole receipts of the concern, with the exception of the Birmingham trade, and that which was the subject of exportation—supposing the general receipts of the concern, except the Birmingham trade and the exportation, to amount to 3000l., and the prisoner was the immediate procurer of only 1000l., he would have been entitled to the commission on the whole 3000l.—I believe he has applied for the balance on that return—I am not aware whether he has examined the books, but I know he applied to do so some two years ago, and I distinctly told him that the account as made out, did not show 300l. a year due to him for commission.
Q. Supposing the general returns, with the exception mentioned, were 3000l., and he were to procure 1000l., and the other turned out to be bad debts, would he be subject to return 3 1/2 per cent.? A. Yes, as he had the profit on one side, he had the loss on the other—we had agreed that his salary should be 200l., and we put on 100l. more for expenses—I think that would do to cover his expenses—he was latterly out very little—I should think since this agreement, taking the average, he was not out of London one month in the year, or six weeks—he was discharged on the 11th of May—I am not aware whether he had been any part of this year out of London, or how much of last year he was out of London—I do not know whether he was obliged to have a horse and chaise—I have had conversation with him about his expenses—he has been allowed to remain with an arrear unsettled—not his account unsettled, but a balance in his hand, not paid ever since 1842—I should say it was from 50l. to 200l.
MR. PARRY. Q. Have you complained to him of that? A. This was a balance of money actually handed to him—we never allowed him to keep money he received.
Cross-examined. Q. Do you mean that the balance he retained, and did not account for, was not money he received? A. There may have been an instance or two of money he received, but it has always been remonstrated
against—those were of trifling amount—it waa distinctly stated that if he received any money which he did not pay over, it would be an offence against us, and any money he wanted, was to be sent him from Birmingham.
MR. PARRY. Q. You have told him he was not to retain monies? A. Yes—in every instance where he has attempted to do so I have insisted on that being paid over, and if he wanted money it should be sent him from. Birmingham—he has not put in any claim for money owing to him—he rendered an account, making himself a debtor to the amount of 53l.—he was principally a London traveller—the great majority of the accounts were London accounts—the country trade was so little that he was allowed to have t commission on the whole, that there might be no dispute about it.
THOMAS GAMMON . I am a partner with my mother. I never received these two amounts from the prisoner—I sent him 15l. in consequence of this letter from him—(reads)—"Dear Sir,—On the other side I hand you a statement of my account, agreeable to your wish, trusting that you will find it correct, and it will meet your approval. Instead of sending me 40l., as named in mf former letter, please to send me 15l., for which I shall feel much obliged. I intend to give the London folks a look round, and trust to be successful. Yours, H. SHAW."—on the other side there was an account, in which he made himself a debtor to the amount of 53l.
(The prisoner received a good character.)
GUILTY., Aged 89.—Recommended to mercy by ike Jury and Prosecutor. — Confined Eighteen Months.
(There were two other charges against the prisoner, and Mr. Parry stated that the prosecutor's loss was about 500l.)
1240*. MARY COOPER was indicted for stealing 30 yards of satin, value 3l.; 2lbs. 6oz. weight of silk, 4l. 2s.; and 15 bobbins, 2s. 6d.; the goods of John Robinson and others, her masters; to which she pleaded
GUILTY . Aged 35.— Confined Four Months.
GUILTY . Aged 61.— Confined Four Months.
GUILTY . Aged 15. Confined Three Days.
(The prosecutor engaged to employ him again.)
GUILTY. Aged 22.— Judgment Respited.
GUILTY . Aged 32.— Confined Four Months.
1245. JOHN MANLEY and ALFRED BROWN were indicted for feloniously breaking and entering the dwelling-house of Robert Brownlow, at St. Leonard, Shoreditch, and stealing 7 smoking pipes, value 3l. 10s.; and 1/2lb. weight of tobacco, 3s. 6d.; his goods
Cross-examined by MR. MELLOR. Q. What kind of a house is yours? A. I pay 50l. a year—my window does not project—it is a great thoroughfare.
Cross-examined. Q. Were you at the first floor window? A. Yes—I saw one of the boys in the road, which looked very suspicious—there were very few persons passing—Brown had a cap on—when I first saw Manley he was in the road—Brown came up under the window immediately—I saw part of Brown's face looking down upon him—he had an apron—they were under the window about five minutes, I looking on the whole time—there are no houses facing our window—the house is just out of the main road.
Manley, Q. Did you not say the person with me had a hat on, and a bluejacket? A. No—there was not a blind in front of the shop window.
PETER CARNEY (police-constable N 76.) I took Manley—I found on him this needle—I put it to the marks on the window—it appeared to fit them—by putting it under the putty it would shove the glass in—there were three places where this needle had made a mark—Manley told me he worked with this as a delaine-dresser—I took him about five minutes afterwards—he had an opportunity of getting rid of the pipes.
Manley. The lady said it was not me; she only saw me pass by the shop in company with a boy who had a hat and a blue jacket; I work at delaine dressing with this needle.
MANLEY*— GUILTY . Aged 15.
BROWN*— GUILTY . Aged 14.
Confined Six Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
JOHN CHARLES WHITE . I am fourteen years of age—I assist the waiter at the North and South American Coffee-house, in the City—on the 28th of May I was sent for change for two sovereigns—my master's name is Edwin Smith—when I went out I saw the prisoner iu Thread needle-street—she came and said, "Did you drop a Ad. bit?"—I said, "No"—I had And. in copper in my pocket—she then said, "I thought you did"—she said, "What is your name?"—I said, "White"—she said, "I thought I knew you; how is your mother?"—I said, "Pretty well, thank you"—she said, '* Have yoo not a sister ill?"—I said, 'She has not been very well"—she said, "I have got some beads for her; how many pockets have you got?"—I said, "Six"—she said, "Just as many as there are beads"—she said, "Here is 3d. for your sister and 1d. for you"—I was then opposite Mr. scman's, and I said I was going to get change for two sovereigns—she said, "Let me tie your
money up; I know how people are, about here"—I went on towards the gun-mnker's to get change, and she said, "I will go and get tome coffee"—she still followed me—I crossed on the other side of the way—I had the sovereigns in my right hand, and she asked me for them, to tie them up in a handkerchief—there was a blue silk handkerchief in my pocket—she took the handkerchief, and sat down on a door-step and tied the sovereigns up, a* 1 thought—I then began to have some suspicion—she said, "Look out for a piece of paper"—I went in the middle of the road, and could not see aay-«* she said, "Look again"—I saw a little bit in the gutter, wet, and she took it up—she then had the handkerchief in one hand and the sovereigns in the other—she said, "I will see if I have got a piece of paper," and she put the sovereigns into her pocket and dropped them, I suppose—she then gave me the handkerchief with the sovereigns in it, as! thought—I said, "I must go"—she took hold of my wrist and said, "Well, if I don't meet you here, you come to me," and she went down a court—I went and stood where she could not see me, and saw her run—I ran up Finch-lane, and found her—I took her round the waist—I had the handkerchief, and was undoing the knots—she snatched it from me, and tried to put it down her bosom—I took hold of her by one wrist and said, "You have robbed me of two sovereigns"—she tried to hold my mouth—I would not let her—I called for help, and help came—Mr. Morgan held her by the wrist, and a sovereign dropped from her hand—another person came up and held her by the other hand, and another sovereign dropped—that made the two sovereigns.
Cross-examined by MR. ROBINSON. Q. Did you pick up both the sovereigns? A. Yes, the first and the second—I do not know how often I have told this tale—I have not thought a good, deal of it—I never saw the prisoner before—I do not know a person named Nicholls—I did not see any other female there—I was not told any particular place to go and get change—I intended to go to Leman's—I had the sovereigns in my right hand—my sister had not been unwell—I told the prisoner that she had not been very. well—I was so confused—I lost sight of the prisoner—I went and hid myself—I had the handkerchief, with two farthings wrapped up in it—when the prisoner said she was going to get some coffee, I ran to the Hall of Commerce—she turned and ran off—I wanted to see if she did get her coffee—the transaction took up about half an hour, from the time of my first meeting her till I stopped her in Finch-lane—she passed Finch-lane to get to the court—there was no thoroughfare there but to Finch-lane—I had no doubt about her going up that court—I came up to her in Finch-lane and seized her—she had a basket in her hand—Morgan came up in a minute—she dropped the basket down—Morgan took it and seized her—the sovereigns were never out of my possession till they got into her possession—I had no conversation with any one but her.
WILLIAM MORGAN . I am in the service of Mr. Smith, an auctioneer. Oil the 28th of April, about a quarter before four o'clock, 1 was in Finch-lane—I heard White calling out, "Stop her!"—I turned and saw the prisoner running out of Spread Eagle-court to Finch-lane—I caught hold of her by her arm—White came up, and accused her of robbing him of two sovereigns—she attempted to put something in her bosom—I seized her arm, and she dropped a sovereign—another person came up and seized her other hand, and she dropped another sovereign—in going to the station she propped this blue handkerchief—I took it up, and found in it two farthings in a piece of tissue paper.
Cross-examined. Where was this handkerchief when you first saw it A. In her hand—I do not know how it came there—I believe she put it in
her bosom—I saw both the sovereigns dropped—I picked up the first one and White picked up the other.
THOMAS WILLIAMSHURST . I am a wine-cooper, and live in Chancery-lane. On the afternoon of the 28th of May I was in Finch-lane—I saw the prisoner and the boy scrambling with great earnestness—he said, "Give it me, give it me"—I took hold of the prisoner's right hand, and saw a sovereign drop—I had seen a sovereign drop from her left hand just as I crosied the road—I detained her till I gave her into custody.
BENJAMIN BRIDGES . I am out of business—on the 28th of May I was in Throgmorton-street—I saw the prisoner and White in conversation—I heard her say in presenting him with some coppers, "There is 3d. for your sister and Id. for yourself"—I kept my eye on them, and saw White take a handkerchief from his breast pocket, and the prisoner appeared to be folding something in it—I saw them separate—the prisoner had the handkerchief then—she turned up Spread Eagle-court—I followed her, and at the corner of the court White accosted me, and said, "I have been robbed"—I saw Morgan lay hold of the prisoner—I saw two sovereigns drop from her hands.
Cross-examined. Q. Do you recollect seeing any other female? A. No—I did not see White when he first saw the prisoner—the first thing I saw wai she accosted the boy, and said, "Here is 3d. for your sister and id, for yourself"—I was passing towards the Exchange—I turned back—I was in a situation to see everything that transpired afterwards.
EDWARD FUNNSLL (City police-constable, No. 569.) I took the prisoner—I produce this handkerchief and two farthings, wrapped up in this piece of paper—in conveying the prisoner to the station I saw her take this handkerchief from her bosom and throw it down, Morgan took it up and gave it me—I produce the two sovereigns.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined One Year.
(There were two other charges against the prisoner.)
THOMAS SMITH . I am a carpenter and live in Bermondsey-street, Southwark—the prisoner was my journeyman—I authorized him to sell chairs for me—if he sold them and obtained this money, he never paid it to me—he ought to have paid it the same night.
THOMAS SMITH Jun. I went with the prisoner to sell my father's chairs, to Mr. Jackson's—the prisoner went in with the chairs—he came out again, and told me I was to call at four o'clock for the money—when I called at that time he had had the money.
Prisoner. I went to Mr. Jackson and he gave me 1l. 18s.; we then went to a public-house and had a pot of beer with a man I know; I there gave the 1l. 18s. to Thomas Smith, jun., he said it was all right.
(The prisoner received a good character.)
GUILTY . Aged 26.— Confined Three Months.
JOHN MOORE . I am foreman to Mr. John Robinson and two others, in Fort-street, Spitalfields—the prisoner was in their employ—he had silk delivered to him sufficient to make sixteen yards of velvet, and the velvet was never returned to us—he was a workman, not a servant—we paid him 5s. 6d. a yard—we lent him on account of this work, which we considered was done, 3l. 17s.—I know sixteen yards were made, as I saw it at the prisoner's house—it has now been divided into eight or nine parts—eight of them are here—we never received the sixteen yards, or any money for it—this velvet produced by the pawnbroker corresponds with what we ought to have had—1 have the patterns sent in by the weaver, and it all corresponds with this pattern—he was ordered to go on and make it all like this pattern—here is one piece containing two yardt—these other pieces are the same—they are all parts of the same velvet.
HENRY CHABLES BARKER (police-constable H 11.) I took the prisoner and told him what he was charged with—he said, if I would go td the pawnbrokers he named, I should find the property—I went to five pawnbrokers—I found eight yards of it in all—the prisoner was in an empty room with four children, and not a morsel of food in the house.
Prisoner. I was obliged to do it on account of starvation; I was ill and then my wife was confined.
GUILTY . Aged 22.— Confined Three Months.
OLD COURT.—Thursday, June the 18th, 1846.
Fourth Jury, before Edward Bullock, Esq.
GUILTY . Aged 28.— Transported for Ten Years.
1251. JAMES FARRELL was indicted for a robbery on George M'Caughie, putting him in fear, and stealing from his person, and against bis will, 1 watch, value 8l., his property; and immediately, and at the time of the robbery aforesaid, did beat, strike, and use other personal violence to him.
GEORGE M'CAUGHIE . I am a traveller, and live in York-street, City-road. Between one and two o'clock in the night, on the 29th of May, I was at the Earl of Lettingham public-house—I went down stairs—a party came in behud' me, and pushed me, and at the same time another party extracted my watch from my right-hand waistcoat-pocket—the silk guard which was round my neck was cut with some instrument—I felt it go, and caught hold of an arm; and at the same time was thrown back against the stairs—I cannot say whit arm it was, but it was the arm which went to my pocket—the part of tiff guard
attached to the watch, went with it—the other part remained round my neck—I saw somebody run out of the house—I followed, and caught him—he got from me twice, and got quite, away at last—he was dressed the same as the prisoner, but I did not see his face—there were other persons coming down the stairs at the time—I believe the person I followed and caught, and who got away, was the person who took my watch, but cannot positively swear that.
Prisoner. Q. How far did you follow me? A. I cannot say—I do not swear to you—I did not see anybody else run after me—there was a party followed behind, and caught hold of me when I caught hold of you the second time—I had gone into the house after you got away, and while I was talking to the landlord, the policeman came, and said the person was taken—I came out and gave you in charge.
THOMAS KELLY (policeman.) About one o'clock in the morning of the 29th of May, I was in Whitechapel-road, heard a noise by the Earl of Lettinghara, and heard a cry of "Stop thief!" I saw the prisoner running, and nobody else near him—there was a crowd further on—I did not see the prosecutor at that time—I ran after the prisoner into five or six different streets—there was nobody running after him but a policeman—he got into a dark street, and hid by a heap of dust—I secured him, and asked what he ran away for—he said because he had struck two boys—he was shamming to be drunk, but he was sober—on the way towards the public-house he asked me whether there was a robbery—I had not said anything about a robbery, for I did not know what was the reason of the cry—I took him to the prosecutor, who identified him—the prisoner then complained of being struck by the boys, but I did not see any boys—there were two or three marks on hit face—he was bleeding at the time.
Prisoner, Q. Did you see anybody running after me besides yourself! A, Yes, three policemen—I saw you run from the crowd.
Prisoner's Defence, I ran away because a little boy hallooed after me, and said they would jump on me, and I went away to try to get home; I know nothing of the robbery; the prosecutor said at first be. could not swear to me at all, but the policeman got whispering to him.
JURY to GEORGE M'CAUGHIE. Q. Was your watch found? A. No—the policeman has not urged me to identify the prisoner—he asked me if I thought he was the person—I said I thought he was—I cannot swear to him.
NOT GUILTY .
1252. PAUL WILLIAMS was indicted for burglariously breaking and entering the dwelling-house of Edward Robbins, about the hour of three in the night of the 22nd of May, at St. Dunstan, Stepney, and stealing 7 knives, value 2s.; 10 forks, 2s.; 1 knife-tray, 6d.; 1 spoon, 3d.; and 1 brush, 1s.; his property.
EDWARD ROBBINS . I am a tailor, and live at No. 4, Rose-lane, Ratcliff, in the parish of Stepney. I have a saw-pit about ten or twelve yards from the side of my house, in a wheelwright's yard—on Friday, the 22nd of May, about a quarter after eleven, I went to bed—I think I was the last person up—I fastened the kitchen door—I swear it was fastened—my son got up first next morning—he is not here—when I got up the house was opened—I did not notice the kitchen window till we found we had been robbed—it was then unfastened—there was a broken square of glass the day before—a small wash-tub was moved, and placed under the window outside—a person could then put their hand in and undo the fastening—I missed the articles stated in the indictment—these now produced belong to me.
Prisoner. The window was open at half-past one in the morning, and
there stood the knife-box on the dresser—the policeman saw me about four o'clock in the morning.
ELIZABETH FULLER . I am Mr. Robbins's mother-in-law. About nine o'clock on Friday night I placed these things in the kitchen—I missed them on Saturday morning—I got up about four o'clock to call my grandson, but did not go into the kitchen then—I cannot say I was the first person in the kitchen—when I went in I saw the braas footman taken from its place and put by the window—I had put the things the night before on the plate-shelf jo the kitchen—nobody could put a hand in at the window, and take them, but they must come in—I know these things to be the prosecutor's property.
Prisoner. Q. Was the window fastened or open? A. It has never been opened for twelve months—the door was fastened—there was a pane of glass broken—the wash-tub had been placed to get to that, to put a hand in to unfasten it—the window was shut again afterwards—it opens like a door.
JAMBS WOODHURST ( policeman.) A little before six o'clock on this morning I saw the prisoner lying in a saw-pit, about ten yards from the pro* secutor's house—I told him to get up and come out of there—he said he was very tired and had laid himself down to rest—I saw him take out a canvas bag from a hole in the saw-pit—I allowed him to depart, as he told me a correct story—I heard of the robbery, and apprehended him on the following day—I kept the articles which I took from him, and he produced them here.
Prisoner. I told you the things were mine; you took them from me, and said, "Go about your business."
GUILTY of Stealing only. Aged 21.— Transported for Seven Years ,
(There was another indictment against the prisoner.)
Before Mr. Baron Rolfe.
MR. RYLAND conducted the Prosecution.
LOUISA COOK . I was servant to Mrs. Dowling, of No. 12, Great Earl-street, Seven-dials. On Saturday evening, the 25th of April, at five minutes past eight o'clock, I was going through Drury-lane, and met the prisoner—as I passed him I pushed against him by accident—he made use of a bad expression, and said, "What made you do that?"—I begged his pardon—he made use of the same expression, and told me to go along—I called him a puppy, tod turned the corner into Princes-street—he followed me and said, "What made you call me a puppy?"—I said, "What made you call roe a w—1, can you prove me one?"—after that he went back into Drury-lane, and came back again, and caught hold of me by the shoulder—he said he would do for me, only for one thing, to-night, and called me the same name—I then saw a pistol under his right arm, under his coat—I told him if he did not go away, I would give him in charge for threatening my life—I called out for the police, and he ran towards Drury-lane—I saw no more of him till I saw him go in at the station-house door with the policeman, half an hour after or more—I had gone into Clare-market.
Cross-examined by MR. CLARKSON. Q. Was it nearly an hour? A. Yes, it was between eight and nine o'clock—I had not seen him before then—there were people walking about in Drury-lane, close to me at the time, when I first met him, which was five minutes after eight, and there were persons near me when I saw the pistol under his arm in Princes-street—I next saw him going into the station—there was a crowd of people at the station door—I saw the crowd run up, and saw it was the man who had frightened me before.
COURT. Q. Are you quite sure he was the same? A. Quite; but I did not see him shoot the man nor hear the report.
WILLIAM HATHAWAY . I am a compositor, and live at Harford-place, Drury-lane. On Saturday evening, the 25th of April, about twenty-five minutes to nine o'clock, I was in Drury-lane, and saw the prisoner with a pistol in his hand—he was holding it out with his arm stretched out at full length in this way—he crossed the road towards me—the muzzle of the pistol was towards me—he walked up almost close to me—I moved on one side—he stopped, and I stopped and heard the report of a pistol—I was standing still then, and he was standing still—I had not lost sight of him—after hearing the report I heard the man who was shot say, "I am shot"—I am sure the prisoner fired the pistol—the man was close by me—I went up to him—I had never seen him before, but now know that his name was Bluett—the prisoner ran away with the pistol in his hand.
Cross-examined. Q. You never exchanged a word with him? A. No—I saw the pistol in his hand—I was looking out for myself—I was going a different way from him—I moved on one side and turned round, that I should not be shot myself—I heard the report of the pistol—he had the pistol in bis right hand only—I was very much frightened and alarmed—I neverspoke a word to him, because I was so frightened.
COURT. Q. When you moved on one side did you move so that you could not see the prisoner? A. No, I continued to see him—I saw the pistol in his hand—I saw it go off—I am sure of that—I was about a yard from his hand when it went off—the man who was shot was about a yard behind me—I bad just passed him—neither of us touched the prisoner at all—several persons passed who might have jogged against his arm—I cannot tell whether they did or not—there were a great many persons passing and re-passing.
CHARLES GIWBER . I am a picture-dealer, and live in Orange-street, Bloomsbury. On Saturday evening, the 25th of April, about half-past eight o'clock, I was in Drury-lane, going from Holborn towards Drury-lane theatre—there was a cook shop near where I was—I observed the prisoner and the deceased near that shop—the prisoner was walking towards Holboro—the other man was coming towards him, meeting each other, about a yard and a half from each other or more—when I first observed them, the prisoner appeared to be carrying something in his right hand, and supporting it with bis left—I could not see what it was—the instant after that I heard the report of fire arms, and saw a flash—there was not anybody passing within a yard or so—at the time I heard the report, there was not anybody near enough to the prisoner to have touched him—to deceased staggered—I did not go to his assistance—the prisoner remained there for a minute or a minute and a half—I kept my eye on him and the crowd began to assemble—I could not see what he had in his hand—alter that minute and a half he ran away—I saw him brought back in a few minutes, and he said several times that it was an accident.
Cross-examined. Q. Before he ran away, had there not been a cry that a man was shot? A. Not before—a minute and a half elapsed before be ran away—Princes-street and Russel-street are opposite each other, and Drury-lane divides them—the prisoner had passed Prince-street, coming towards Holborn, when I first saw him.
Q. Suppose he had in his hand a cocked pistol, and was at that moment about to reduce it to half-cock, were his hands in such a position to do so? A. Yes, that was the position of his hands—there were several persons passing and re passing.
CHARLES BAKER (police-constable F. 32) On the evening of the 25th of April, I was on duty in Drury-lane—I was passing a cook-sbop at the corner of Princes-street about twenty-five minutes to nine o'clock, and just after I passed I heard the report of fire-arms—I was going towards Holborn—I turned, and saw a cloud of smoke just against the cook-sbop window—I saw a man nearly doubled up—he said, "Oh Lord," or "Oh dear"—I went seven, or eight paces towards him, and then met the prisoner running—I stopped him, and said, "What is the matter?" or, "What is all this?"—he said, "It was a pistol went off by accident"—there were a great many persons near him, and about a dozen voices cried out, "A man has shot himself"—I did not see anything in the prisoner's hand, and I believe he had nothing—I let him go, and went to assist the man—I carried him to a doctor's, and saw a wound in his breast—I got a stretcher, and assisted in taking him to King's College hospital—he gave the name of Bluett—I afterwards saw the prisoner in custody, and said, "You are the young man I stopped in Drury-lane, at the time of the accident"—he said, "It was a pure accident."
Cross-examined. Q. Do you know that there is a shooting-gallery in Drury-lane? A. There is—I believe it is No. 177.
JOHN FISHER . I am a chimney-sweeper, and lire in Rose-street, Long-acre. On the 25th of April I was in Drury-lane, about twenty-five minutes to nine o'clock, and heard the report of fire-arms—I turned and saw the prisoner pass me—he was running away, and poking a pistol into his left-hand coat pocket—I afterwards heard a cry of" Police!"—I pursued and overtook him at the corner of Little Queen-street—I stopped him and asked if he knew what he had done—he said, "Have I harmed anybody V—I collared him, and said, "You must come back with me"—he said, "Let me go, let me go"—I saw the handle of the pistol outside his pocket, with his hand on it—I asked what he had there—he said a pistol, which he had just let off in Drury-lane—I asked him to give it to me—he said I might take that or anything if I would let him go—I took him back, and kept hold of him, till I met some constables, one of whom took him to the station—I went with him, and delivered the pistol to the inspector.
FREDERICK DURSTON (police-constable F 83.) I live in Orange-court, Drury-lane. I was at home on this evening, and heard the report of firearms—Fisher gave the prisoner to me—as soon as I took hold of Mm, he said, "Policeman, is the man hurt?"—he repeated that several times on going to the station, and at the station-house door he looked at me, fcdd tajd, "Is the man hurt? it was an accident; I was going to the shooting-gallery in Drury-lane, to try my pistol"—I searched him, and found five leaden bullets, a powder-flask, with a little powder in it—the inspector told him he was charged with shooting a man named Bluett—he said it was an accident, he was going to the gallery to try his pistol.
JAMES DUNCAN . I was house-surgeon at King's College hospital. On the 25th of April the deceased was brought there—his name was Thomas Bluett—he had received a gun-shot wound through the right side of his chest—it had passed right through his body—he died of that wound fifteen days afterward—I have no doubt that was the eatase of bis death.
Cross-examined. Q. Was the inclination of the wound upwards? A. It was—it struck the fourth rib on its entrance, and the seventh behind.
(The prisoner received a good character.)
NOT GUILTY .
Second Jury, before Mr. Baron Rolfe.
1254. FLORENCE LEAREY was indicted for feloniously assaulting William Tothill, and feloniously, unlawfully, and maliciously casting and throwing four quarts of boiling water upon him, and grievously burning him.—Five other COUNTS varying the charge.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
WILLIAM TOTHILL . I am a tailor, and live at 3, Seven Step-alley, Houndsditch. On Wednesday night, the 8th of April, I went into the tap-room of the Box Tree public-house, Gravel-lane, Houndsditch, between ten and eleven o'clock—I was the worse for liquor—I saw the prisoner there—I have known him many years—I sat down on the same seat as him, and in two or three minutes he asked why I offended his wife, and called him an informer—I said I knew him to be the occasion of two men being taken up for desertion, and considered he was an informer—he directly struck me in the face—I stood, up to defend myself, to fight with him, intending to return his blow, and he knocked me down—we tustled to get the better of each other—he got me down—I got up again—we had another round—he knocked me down again—I fell convenient to the fire-place, and, to the best of my opinion, he caught me by my collar—I am sure he put his hand on my shoulder or collar—be knelt his knee on my body—I was lying on my back—I saw him put his hand to the boiler which was on the fire, and I believe on the cock—he certainly turned the cock, or spilt the water out of the boiler—it came over my belly and thighs immediately after, and scalded me very much—I tried to get up, and be kicked me on the face, and said he was sorry he did not scald the b----to death—the pot-boy assisted me home, and what took place after I do not know—I found myself in the London Hospital next morning—I remained there seven weeks and two or three days—I am much better now, but feel it very slightly.
Cross-examined by MR. O'BRIEN. Q. In the struggle you were brought over near the fire-place? A. Yes—that was before I was knocked down—the boiler is not a fixture—the scuffle lasted five or ten minutes altogether—I do not know whether the boiler fell off the fire-place or not—I do not think I asked the prisoner to allow me to drink out of his pot when I went in—I did not seize a tender part of his person in the struggle—I seized him—1 had no stick—I had been drinking, and believe he had, or this would not have occurred, from the time I have known him—some of his friends have made me some compensation since.
COURT. Q. How long was the water pouring on you? A. I believe about half a minute.
WILLIAM SUGGETT . I am a cutler, and live at Bethnal-green. I was at the Box Tree—the prisoner and prosecutor were both intoxicated, and quarrelling—I saw the prisoner knock Tothill down—he got up again, and the prisoner knocked him down again under the fire-place—the prisoner then placed his hand on the lid of the boiler, and kept it there about half a minute, and then pulled the boiler, and the water went on Tothill—he poured it from the boiler—he then up with his foot, and kicked him in the face—the water was not long running on him—he was picked up.
Cross-examined. Q. How far were you from them? A. Two or three yards—there were nine or ten people there, sitting down, not standing round—all but me rose and stood about the fire-place, but did nothing—the boiler was knocked down, and laid on the floor—the prisoner placed his hand on the top of it, and pulled it over him—they were not scuffling at the time—the prosecutor was on the floor, and the prisoner stood, with him between his legs—he could not get up—they were right alongside the fender, about twelve inches from the fire-place—I did not see Tothill attempt to strike him when
he was down—I saw him kick him—I did not see the prosecutor seize him in a tender part—there was a row when I first went in—I did not see it all—I did not see a stick in his hand.
COURT. Q. When the prisoner kicked Tothill in the face did you hear him say anything? A. No—the prisoner pulled his hand off the boiler, and pulled the water over him, on purpose, as it appeared.
JANE COOK . I am the wife of Joseph Cook, of Friars-mount, Bethnal-green. I was at the public-house with my husband—the prisoner and Tothill were quarrelling when I went in—I afterwards saw the prisoner strike him, and knock him down—they had two rounds—the boiler was on the trivet, on the side of the fire—the prisoner put his hand on the top of it, and turned it over him—it fell on the ground—after it was all over I heard him say he was only very sorry he had not scalded him to death—that was after Tothill had gone away.
Cross-examined. Q. You are sure it was after he had gone away? A. Yes—I only heard it once—the prisoner put his hand on the boiler, and turned it over—the hot water splashed over me—it might have been an accident—I cannot tell—it fell over the hearth—it stood on the top of the range, on the verge of it—they were not struggling at the time.
MR. RYLAND. Q. Where was the prisoner's hand just before it fell over? A. On the boiler.
JOHN HOLMAN . I was house-surgeon of the London hospital—Tothill was brought there on the 8th of April, and had a severe scald on the lower part of the abdomen, and the anterior portion of both thighs—it was a very bad scald—he remained there till the 29th of May—scalding water would produce those injuries—he was quite disabled.
MR. O'BRIEN to WILLIAM TOTHILL. Q. Did you hear Higham say anything that night? A. No-r-be was there—it was not him who said he was sorry 1 had not been scalded to death—I am sure it was the prisoner's hand on the boiler.
GUILTY of an Assault , Aged 44.— Confined Two Months.
NEW COURT.—Thursday, June 8th, 1846.
Before Mr. Recorder, and a Jury of half Foreigners.
(The prisoner had the evidence communicated to him by an interpreter.)
ROBERT JOHN LODGE . I am secretary of the Marine Insurance Company, No. 27, Cornhill. On the 25th of May, I met the prisoner coming out of the board-room of the company, which is on the second floor, with a bundle under his arm—a clock stands in the board-room on a bracket, about six feet from the ground—I asked what it was he had—he told me it was a clock—I then untied the handkerchief, and saw it was this clock, belonging to the company—I asked what he was going to do with it—he said, in very broken English, that he was going to give it to Mr. Spiers, I understood him, or, at all events, to some person who was then waiting for him in the house—I accompanied him down stairs to see this person—when I got to the basement I proposed to go into the porter's room—he declined to go there, and with so much effrontery that I thought it possible he might have come from M'Cabe's, who winds up the clock—he pointed to an opposite room—I asked if the man was there—he said yes—I went there, but no one was there, and I had no reason to belive
any one had been there—I sent for the policeman, and gave the prisoner in charge.
Prisoner (through the interpreter.)I told him somebody gave me the clock who was a watchmaker, and was waiting for me; I have been five weeks in London; I came over from Hamburgh for the races; one Sunday I went to Greenwich-park, I met an Englishman; he came in conversation; we went to a hotel; I w as very glad to meet an Englishman who could speak German; he stated he was a watch-maker; be noticed I had no watch, so he offered me one for sale for 8l., which I bought; I afterwards went with him to my lodging in Houndsditch; that was on Sunday; a fortnight afterwards I went out to go from my lodging to the West, and was arrested; as I came to the Royal Exchange I met the man; he had a parcel under his arm; he asked me to oblige him to carry it for him; I do not know what was in it; I followed him; he took me two stories high in the house; he took the clock which beloogs to this gentleman from the mantelpiece; he put it into a handkerchief, and gave it me, and asked me to wait whilst he went down to see the parties who the clock belonged to; the party did not come; I went down stairs, and was stopped.
ROBERT JOHN LODGE re-examined. Q. What is the name of the chairman of the company? A. John Shepherd—it is the dwelling-house of William Levitt—he is porter to the company—he and his family live there—his wife is the housekeeper—they live there as servants to the company—they do not pay rent or taxes.
JOHN BAKER (City police-constable, No. 459.) I was called in and took the prisoner—I received this clock—I found on the prisoner half-a-crown and 1s.—I asked where he lived—he said he had no lodging, but slept tire last night at a public-house at the west end of the town—he had this gold watch in his left waistcoat pocket, and this metal chain attached to a button—I tried to find where he lived, but I could not—he did not tell me he had been at Greenwich—he said he came straight down Holborn from the West-end—he spoke very good English to me, and when he was committed he said, when we came out, "Mr. policeman, I am very much obliged to you for telling the Lord Mayor I could speak English."
Prisoner's Defence. I beg you to consider that I was in the hands of a man of bad character, who used me as a machine; I should know him if I were to see him; I did not know whether my lodging was in the West-end o; the City, till my landlord came and explained to me it was in the City.
GUILTY of stealing only. Aged 26.—Recommended to mercy by the Jury. — Confined Twelve Months.
ROBERT JOHNSON . I am a perfumer, and live at No. 68, Cornhill, about 200 yards from the Marine Insurance Company. On Monday, the 11th of May, I left a gold watch in a toilet-glass drawer in my bed-room, on the third floor of my house—this is the watch—there is at present a metal chain attached to it, which is mine—it was not attached to the watch, but to a gold double eye-glass, which I also lost, and a number of rings, brooches, and other matters, to the value of upwards of 50l.—I missed them before six o'clock on the 11th of May—this watch and chain is all I have seen of the property.
English, and was very chatty in going to thd Coittprer and coming tack—he would not understand a word before the Lord Mayor.
Prisoner's Defence. I met an Englishman in Greenwich-park; I bought it of him for 8l., and fourteen days after the other case of the clock happened.
Prisoner. I bought it on Sunday four weeks ago, and nine days after I was arrested.
NOT GUILTY .
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 55.— Confined Fourteen Days ,
GUILTY .—Aged 16.— Confined Six Weeks.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 17.— Confined Six Week.
GUILTY . Aged 18.— Confined Three Months.
WALTER CALDWELL . I am foreman to Daniel Keith and another, silk manufacturers, of Goldsmith-street, City. On the 19th of Sept., 1844, I delivered the prisoner some silk to be manufactured for my employers—I gave out as much warp as would make 112 yards of silk, and as much shute at various-times as weighed 7 lb. 14ozs.—on the 19th of Oct., 1844, one piece of silk was brought in to me of forty-three yards, and in Dec. he absconded—I had delivered silk to be manufactured into bis bands wbieh he bat not returned*. to the value of about 3l.—it ought to have made about forty-four yards more-of this class of goods—it is called taffety in a manufactured state—part of it was found pawned at two different pawnbrokers—it ought to have been returned before the 1st of Nov., 1844—I can identify this silk as that which in shute and warp I gave to the prisoner, front the peculiarity of the manufacture—there is no other silk of the same sort manufactured in this couritry—the prisoner is the only one who had this particular colour—it was for a shipping order, and only made once in a certain number of years—there is, 3400 threads in the width, and by putting the glass to it, we can ascertain whether the quantity of warp is left in.
Cross-examined by MR. BALDWIN. Q. You gave the prisoner on the 19th of Sept. enough warp to make 112 yards in one quantity? A. Yes, and out of this I received forty-three yards, eleven yards, and twenty-two, which weighed 3 lbs. 12 ozs. of the shute—I weighed them myself, and entered it myself—we do not take from our weavers any acknowledgment of the silk they receive—they see it weighed in all cases—the prisoner saw this weighed—I got these two pieces of silk which are produced from the pawnbroker—I have the pattern of the work which the prisoner gave us, and the duplicates were given to us by the prisoner's wife—they are not here—the Magistrate thought it was not worth while, as the case was so clear—if I had had no such information, I could have sworn these two pieces of silk were the product of the silk I delivered to the prisoner—I could swear to the peculiarity of the make—I had got the pattern of it which the prisoner brought home, and it is a moral impossibility for another manufacturer to make out of another warp the same sort of goods, because the silk varies in size so much—I never saw these two pieces in a manufactured state, till I found them at the pawnbroker's, but I received similar pieces.
COURT. Q. Then you received of the prisoner what you judge to be part of the same work? A. Yes.
JURY. Q. You state, after having given the prisoner his cane, you received three pieces? A. Yes—they were shot with the same shute—they consumed 3 lbs. 12 ozs. of shute—the shute was wound on bobbins when 1 gave it to him—he brought me a pattern—I compared that with the pieces I took in of him, and what I have found.
COURT. Q. From these circumstances are you able to say that this is the manufacture produced by the warp and shute delivered to the prisoner? A. I swear it most positively—the pawnbroker is not here—the case is "Nondelivery"—he made away with the silk—one of these pieces was pawned on the 12th of Oct. according to the date of the duplicate.
GEORGE TEAKLE (police-sergeant H 8.) I went with Mr. Caldwell to two pawnbrokers, and got the taffety—I went to Mr. Jones, in Brown's-lane, about the 9th of April, 1845, and found one piece—I afterwards went to Mr. Soulby's, and found the other piece—I stopped them for some time to find the prisoner—after a length of time I took the silk out by Mr. Caldwell's order—he gave me the money to do it, the time being nearly expired—I had the pawnbrokers before the Magistrate, but he thought proper not to bind them over—the prisoner was not found for some time—I was eighteen months in pursuit of him.
Cross-examined. Q. Did you not find him at work for a different person? A. Yes—I traced him to four or five places—he denied all knowledge of the firm, or ever working for them.
WALTER CALDWBLL re-examined. There is still a part of the silk deficient—the prisoner had no authority to cut this work out of the loom—his authority was for cutting eleven yards, which came to us after these pieces were pawned—it is made in pieces of eleven yards each—these have not bsen cut from a bulk.
NOT GUILTY .
WALTER CALDWELL . On the 23rd of April, 1844, I gave the prisoner a jacquard machine, a mounture, and other implements, to make a set of handkerchiefs—I gave him warp for sixty yards, to make satin handkerchiefs—I
gave him shute at different times, amounting to four pounds four ounces—he returned a portion of the work, but leaving a deficiency of two pounds thirteen ounces and a half of shute, and a portion of the warp—he absconded, and had taken away the machine—I traced him to two or three places, and he was gone—at last the policeman found the machine—I saw it in Wilkes-street, in an empty house—there was no person there—it was worth 10l., and the silk about 10l., besides the money that was overdrawn—I have no evidence that the prisoner carried away the machine, or the materials.
SARAH ANN DYER . The prisoner lived at my father's house, in Wilket-street. He came about Jan., 1845—my father gave him warning to leave, because he paid no rent—they gave up the key to the rent-gatherer—when we went to the room we saw the machine—we kept the machine there a little while—the prisoner's wife came to my father, and he would not give it up, because it did not belong to them—we got sergeant Teakle, and he found who it belonged to—it was not removed till sergeant Teakle took it away.
Cross-examined by MR. BALDWIN. Q. Did not your father refuse to give it up, because they did not pay the rent? A. No—he said he would forgive them the rent, if they would go away.
GEORGE TEAKLE (police-sergeant H 8.) I went to No. 17, Wilkes-street, with Mr. Dyer—he opened a door on the first-floor—the room was empty,—with the exception of this machine—it was all rolled up, and in a spoiling state—I made inquiry, and found it belonged to Mr. Keith—I took it to Mr. Caldwell; he identified it, and sent it to the machine-maker's—that was not the place where the machine was given to the prisoner—it was the fourth or fifth place he had been to—the harness and jacquard were all in a spoiling state.
WALTER CALDWELL re-examined. Q. You have got the machine again? A. Yes, in a damaged state—the work had never been manufactured, because the warp was left in the loom—we only charge hint with the shute—the shute had not been applied to the warp, and the shute is missing.
JURY. Q. The remaining portion of the cane was left in the machine? A. Yes, part of it, and handkerchiefs weighing one pound eleven ounces had been brought in.
Cross-examined. Q. He returned two dozen and nine handkerchiefs? A. Yes, and there were two dozen and three more that he onght to have returned—he had used one pound eleven ounces of the shute, and two pounds of warp—I can tell that by the handkerchiefs—I had given him four pounds four ounces of shute altogether—from the small fraction of warp left, he must have made more handkerchiefs.
NOT GUILTY ,
OLD COURT.—Friday, June 19th, 1846.
First Jury, before Edward Bullock, Esq.
GUILTY . Aged 62.— Confined Six Months.
1265. JOHN FARMER, alias WILLIAM FARR was indicted for stealing 1 leather case, value 6l.; 1 knife, 2s.; 1 key, 1s.; 50 paper writings, 10s.; the goods of Matthew Backston: and 1 leather writing-case, value 5 1 surveyor's chain, 1l.; 1 set of drawing instruments, 2l.; 1 box, 5s.; the goods of William Evans.—2nd COUNT, stating them to be the goods of the London and Birmingham Railway Company:— also, for stealing 3 shawls, value 6l.; 1 scarf, 1l.; 4 petticoat-bodies, 10s.; 1 pair of drawers, 3s.; 11 handkerchiefs, 20s.; 1 pair of shoes, 5s.; I brooch, 20s.; 2 reticules, 20s.; 6 books, 6s.; 2 collars, 55.; 1 cap, 5s.; 2 maps, 55.; 1 cape, 6s.; 13 stockings, 55.; 1 ring, 40s.; 2 brooches, 405.; and 1 box, 5s.; the goods of Joseph Woodhead:—another COUNT, charging them as the property of the South-Eastern Railway Company:— also, 1 portmanteau, value 205.; 2 coats, 51.; 1 pair of trowsers, 205., 1 waistcoat, 10s.; 10 books, 5l.; 1 pair of braces, 1s.; 1 5l. Bank note; 1 sovereign; 12 shillings; 3 bonnets, 1l.; 5 collars, 30s.; 1 handkerchief, 3s.; 10 handkerchiefs, 30s.; 2 caps, 5s.; and 1 opera-glass; 40s., the goods of John Roberts:—other COUNTS, stating them to be the property of the South-Eastern Railway Company; to all which indictments he pleaded
GUILTY.— Judgment Respited,
(There were other indictments against the prisoner.)
MESSRS. BODKIN and DOANE conducted the Prosecution.
JOHN WILLIAM NUTTER . I am a cashier at the London Joint Stock Bank, Princes-street-Mr. Tate is a customer of ours. On the 13th of May the prisoner presented this check to me at the banking-house for payment—in consequence of suspicion I requested him to walk into an inner room, and there Mr. Pollard, the manager, asked him where he got the check from—he said it was given to him by a friend—he was asked who he was, where he came from—he said he was in the employ of Mr. Tate—I cannot say whether that was before he said he brought it from a friend—he was asked who his friend was—he said he could not tell, he did not know his name, it was a person he had met in the street, a person somewhat like himself, rather short—he was detained while Mr. Tate was sent for—William Miller Christy it one of the trustees of the bank—there are other partners.
Cross-examined by MR. HUDDLESTONE. Q. Was there Any person in the bank when be came in? A. Nobody in front of the counter-?-1 doubted the signature of the check—it is a bad imitation of Mr. Tate's—I did not ask him anything about the eheck before 1 asked him to walk into the room—I came round from behind to take him in to Mary Donoudu, at Mr. Dowlan's.
WILLIAM TATE . I am a solicitor in tiasinghall-street—the prisoner was in my employment as clerk—he had been so nine or ten months—this cheek is not my signature—J did not authorize the prisoner or anybody to sign it for me—no part of it is in my handwriting—I know the prisoner's handwriting, and I believe it to be his—I was in the habit of sending him to the bank on all occasions—he had access to my check-book only when he brought it from the bank—I have sent him for fresh check-books—I examined my check-book when I returned from the bank, and found one check had been taken out without my knowledge—the check produced corresponds in number with mine—it is 20928—I had given the prisoner notice to quit my service about a fortnight before.
Cross-examined. Q. I believe you knaw his connexions are very respectable? A. Highly so—I had most unlimited confidence in him, until latterly—he had got bad connexions—I have heard that he was going to be
married, and that the parents of both parties objected to it—I can recognise the prisoner's handwriting in the body of the chefck—I hare doubt of it—the signature and the body seem very much the same—it is a very cturftty imitation of mine—I kept the check-book in a drawer in my desk—I never Intentionally left die key in—I might bate accidentally done so—I do not think I left the book upon the! table—I have two rooms—the clerk's room opens into mine.
CHARLES JONES . I am in the employ of Messrs Whiting, edgravers. They printed these checks, and made them into books—it is the ptaetfae of the bank to have a different number for each book—(examining the checkbook)—this number runs through all the checks in this book, which ought to contain fifty checks—I should certainly say two have been taken away from here, margins and all—I should say the check produced undoubtedly formed ptrt of this book.
Cross-examined. Q. The two taken oat are at the end of the book? A. Yes—At is quite plain they have been torn off.
GUILTY of Uttering, Aged 28.—Recommended to mercy by Mr. Tate and the Jury, — Transported for Ten Years.
Before Mr. Bum Rolfe.
1267. CHARLES GILES was separately indicted for feloniously forging and uttering 22 warrants for payment of 6l. 6s. each, with intent to defraud the Right Honourable Edward Oranvilte, Earl of St. Germans, Her Majesty's Postmaster-general; to both which he pleaded.
GUILTY . Aged 21.— Transported for Ten Years ,
1268. JOHN CHARLES YOUNG was indicted for stealing a Utter contain ing 1 half-sovereign, and shilling, the property of Her Majesty's Postmaster-General:—2nd and 3rd COUNTS, for embezzling and secreting the same:—4th COUNT, stealing from and out of a certain letter a half-sovereign and a shilling: 5th COUNT, for stealing the letter and money without statiag that he was employed it the Post-office:—6th COUNT, stating the letter and money to be the property of William P. Scultborpe.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
WALTER ROBINSON SCULTHORPE . I am one of the presidents of the London district of the General Post-office. In consequence of circumstances which, occurred on the part of the Post-office, I made an arrangement for posting twd letters at the Aldgate receiving-office—on the 19th of May I made up twd letters—I put inside one, directed to Maty Donahue, a half-somelgw and a shilling, wrapped in a piece of brae paper—I marked both pieees of com hi two places—it was addressed to "Mary Donahue, at Mr. D.V public house, Sackwell-street, Dublin, Ireland"—I gave thctt letter to Welcome Cole, inspector of letter-carriers, and at the same time gave him another letter, addressed to Miss Coventry, Upper Brixton—I gave him directions what to do with the letters—if they had been posted at the Aldgate district receiving-house before eight o'clock on the morning of the 20th, they ought to hare arrived at the General Post-office about twenty or five-and-twenty minute after eight—I was in attendance at that time, on the morning of the 20th of May, at the Post-office—I examined the letters which came from the Aldgate receiving-house about half-past eight—the letter to Miss Coventry was among them, on the top of the bundle of paid letters—the paid and unpaid letters
were tied up separate—the postage had been paid on Miss Coventry's letterthere was no postage-stamp on it—the letter directed to Ireland I had put two stamps on—I did not find that letter among the letters from Aldgate—a bill accompanies the letters from the district-office—there was one that morning with these letters, giving an account of the number of stamped letters—I found the number of stamped letters corresponded with the bill—I immediately went to the post-office at Aldgate, taking Cole and Tyrrel with me—Mr. Davis keeps the post-office there—I found the prisoner there—he is his servant—I told the prisoner I belonged to the Post-office, and asked him who made up the eight o'clock collection that morning—he said he did—I said there was a money-letter posted there which had not been forwarded to the office—he said, "Oh, yes, I sent it; it was addressed to Miss Coventry"—he produced a memorandum-book in which the entry of the letter to Miss Coventry appeared—I said, "I want a letter which was addressed to Dublin, which wag dropped into the letter-box"—he made no answer to that—I then directed Tyrrel to search him, which was done in my presence, and the half-sovereign and shilling were found in one of his pockets—I immediately identified the money by the marks—the letter was found on him, with the seal broken—this is the cover of the letter, and these are the coins I enclosed—(looking at them)—the Right Hon. Edward Granville, Earl of St. Germans, is the Postmaster-general.
WELCOME COLE . I am inspector of letter-carriers in the London district-office. On the 19th of May I saw Mr. Sculthorpe mark the half-sovereign and shilling, enclose them in a piece of blue paper, and put them into a letter addressed to Mary Donoghue—it was delivered to me that evening—I dropped it into the box at Mr. Davis's receiving-house, Aldgate, on the morning of the 20th, about twelve minutes before eight o'clock—I took another letter at the same time into the shop, addressed to Miss Coventry, and placed it on the counter, with the money for the postage—the prisoner was behind the counter—I then returned to St. Martin's-le-grand—the letters from that office would be delivered to the carriers at eight o'clock, to bring to that office—I saw Mr. Sculthorpe examine the packet of letters which came from there at eight o'clock—I examined them myself—the letter to Miss Coventry was among them, but not the one addressed to Donovan—I then proceeded to the Aldgate post-office, and saw the prisoner searched, and the half-sovereign and shilling, arid the wrapper of the letter, taken from him.
JOHN UPTON . I am in the employ of Mr. Davis, chemist, of Aldgate, who keeps a receiving-house for the Post-office—the prisoner was in hit employ, and assisted in conducting the post-office business—I was in the shop on the 20th of May, when the eight o'clock delivery was made up—th« prisoner made up the bag that morning, alone, and while doing so he called to me and said, "See that this money-letter goes"—it was one addressed to Miss Coventry—this is the letter-bill, which was made up that morning and sent to the Post-office with the letters.
Cross-examined by MR. BALLANTINE. Q. He was assistant to his master and occasionally employed by his master's direction about the letters? A. Yes—I was not hired for that purpose—I know the prisoner is the son of a clergyman.
(MR. Monkhouse, solicitor, of Craven-street, Strand, gave the prisoners good character.)
GUILTY.— Judgment Respited.
MR. PLATT conducted the Prosecution.
ELIZABETH MARY NORTON . I am the wife of Robert Norton, of James-street, Bolton-terrace, Camden-down. I have known the prisoner five or six years—on the 23rd of May, about half-past nine o'clock, I was in the City of Hereford public-house, Union-street—I called for a pint of beer—the prisoner was there, and asked me very kindly to have a drop of beer—I said, "No, thank you, I don't feel very well"—he was very tipsy—I was talking to the landlady—he asked me to have a bit of supper—in about a quarter of an hour he went out and brought in some pork, and gave me a bit on some bread—up to that time we were quite peaceable together—I then asked a man if he would take a piece of pork—the man got up and took the greater portion of it—I do not know his name, but had often seen him with the prisoner—his taking too much appeared to provoke the prisoner—I cannot say whether the prisoner sat next to me, but he was very close to me—I received a blow on my back, on my left side, five or ten minutes after the man took the pork—I cannot say who did it—it bled—I was taken to a doctor and then to the Hospital, from which I was discharged last Tuesday—I am well now.
Cross-examined by MR. O'BRIEN. Q. You and the prisoner have been very friendly for six or seven years? A. Yes, he was very kind tome indeed—he was very tipsy—I did not see a knife in his hand.
COURT. Q. Did you say anything to exasperate him? A. I told him he must go where he had been with his good-for-nothing hussy, and wh----s—I said that before he stabbed me, and I said I would wash fur him no more.
JAMES CONORAN . I am pot-boy at the Hereford—I saw Mrs. Norton and the prisoner there between eleven and twelve o'clock at night—the prisoner went out and fetched some meat and asked her to have some sapper—he sat by her side and she asked him to have some—he said, "No"—she told him to go after his wh----s—he then took a knife which laid on the table close to him—they had been eating with it—he said, "You b----y b——h, I will stab you," and stabbed her with it in the left side—she bled—I took the knife out of hit hand and put it on the table—the prisoner took her in his arms and said, "Let me look at the wound"—I took her to a chemist's shop—the knife produced is the same—she only had one cut.
Cross-examined. Q. They had been sitting some time together in a friendly way? A. Yes—the prisoner appeared to have been drinking—I did not hear him say, "I hope I have not hurt you"—he might have said so—I did not observe the knife in his hand before—Norton was close to him.
MR. ATTREE. I am house-surgeon of Middlesex Hospital. On the 23rd of May the prosecutrix came there, and had a fractured wound him. little below the left blade-bone—it was not of any serious consequttico-not at all dangerous—this knife would produce such a wound.
Cross-examined. Q. Quite superficial? A. Quite.
JOHN MURRAY (police-constable E 86.) I apprehended the prisoner on the 24th of May, in Granby-place, Waterloo-road, and told him it was for stabbing a woman in a public-house—he said he knew all about it, and was very gorry for it.
(The prisoner received a good character.)
GUILTY of an Assault. — Confined Font Months ,
All Saints, Poplar. On Saturday, the 6th of Junt, I was on the pier about twenty minutes to five o'clock in the afternoon, altering a mooring-chain—the prisoner, Molloy and George Palmer passed me, and were blaspheming together, using dreadful language—they were tipsy, and took their meats on the after-part of the dummy, where the steam-boats come to—they commenced quarrelling and blaspheming dreadfully—Palmer said, "You never gare it me"—I do set know what he meant—Molloy said, "I gave you one a-piece"—Palmer pulled both his trowsers' pockets out, and laid, "Have I anything there?"—he opened the lid of a small box, and said to me, H Is there anything in that?"—Palmer then left them on the pier, and had some conversation with some men on Garfield's-wharf—he returned in about a minute, in rather as excited manner, on the barge—there was a good deal of pushing each other—they began quarrelling again—he again went on Garfield's-wharf, and as he returned on the pier, be met a lady and child, and in order not to interrupt them, he leaped over on the outside dummy—Molloy tapped him on the cheek, and called him "George," in a friendly way—the prisoner took Palmer by the hand—he disengaged himself from tat prisoner—they stood in a fighting attitude, facing each other—Palmer liftsd up his hand as if he meant to make a blow—the prisoner said, "If you do, I will chuck you into the river"—the words were no sooner said, than he pushed Palmer headlong into the Thames, by skoving him on the left breast—he went head-foremost into the mud, and never rose—there was about eight feet of water alongside the barge, and he stuck in the bottom—I leieated him with a staff in about a quarter of an hour—he was then dead—they tried to restore him for nearly an hour, but without success.
Prisoner. I had hold of his arm; he let go, and knocked against a ridge fell into the water. Witness. I am certain he pushed him in; there is no ridge at all.
CHARLES STEWART . I am a publican, and live in Thurston-grove, Southwark. I was at Limehouse-pier on the 6th of June, about four o'clock, and saw the prisoner, the deceased, and Molloy on the corner of the dummy, all very drunk, and wrangling about some money—they appeared to doubt each other, and were feeling in each other's pockets—they referred to me several times, hut seeing them drunk, I took no notice of them—after settling their money affairs, they began sparring about the barge, apparently larking, not in anger—the prisoner and Palmer then ran up part of the gangway, still larking—they returned to the outside dummy, in a sparring attitude—the prisoner then said to Palmer, "D—n your eyes, has any one insulted you here"—he went round sparring at the passengers going by the steam-boata—Palmer laid, "No one has," but suddenly turned round, and pointed to a man rowing about on the river, eight or ten yards off, and said, "That mm has"—whik he was pointing to the man, the prisoner came behind him and pushed him into the river—he rote once Hut went down again immediately, and was drowned.
Prisoner. Q. Do you think it was accidental? A. My opinion is it was the result of a drunken frolic—there did not appear any ill feeling, but foolish forking—I never saw either of them before.
JOSEPH BEALE (police-constable A 258.) I took the prisoner—he said nothing then, but on the way to the station he said, "Where are you going to take me?"—I said, "To Poplar station"—he said, "God forgive me for what I have done; I am very sorry for it; you see this misfortune is brought on me through drink."
Prisoner. It was quite accidental.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
SUSAN HADAWAY . I live with my mother, at Kensal New-town, Chelsea. On the 27th of May I went with my sister to the house of the prisoner's father, in East-street, Kensal New-town, between ten and eleven o'clock—I knocked, and the prisoner opened the door—I asked him to give me my sister's frock—he said, "I shall not give it you"—I said, "I shall stopfore till you do"—he took up a plasterer's server, and said, "I will kill the first b----b----who comes near me"—I said, "You shall kill me"—he laid down the server, struck my sister Jane in the chest, and knocked her downline is sixteen years old—I went to assist her—he scratched my fece and hit us, and sent his sister, who was in doors, he fetch the poker, which she-ditty tad he hit me on ray head and wrist with it—I was senseless from the blow—when I came to, my head was bleeding—I was in a person's room next door—I was taken home—Mr. Abercrombie dressed my head—I have been under his care, and have recovered.
cross-examined by MR. HORRY. Q. What age are you? A. Twenty-one—I was at my mother's before I went to the prisoner for the frock—I had not taken a boot away—the prisoner did not say, u I woe't give you the frock till you give me my sister's boot"—my sister nursed a child in the house the prisoner lived in—I live two or three houses down—there are gardens at the back, and there is a good deal of quarrelling among the children—I heard nothing about a boot being taken till yesterday—my mother sent my little brother for me, and he went to the prisoner's house with me—I sent him for a policeman, as the prisoner hit my sister in the chest—he wit not there at first—he came afterwards.
Q. Was it not your sister that had the polwr first? A. No—the prisoner pickedd it up in my presence, and took it in doors—bow it got there I do not know—my sister never touched it.
MR. ROBINSON. Q. Was Mrs. Preston there at any part of the transaction? A. Yes, but not at the beginning—he took the poker off the ground, and took it in, five or tea minutes before he called his sister to bring it—she brought it from the bed-room, where he had taken it—I did not see her till she brought it.
JANE HADAWAY . I am the last witness's sister. On Wednesday, the 27th of May, I went to the prisoner's father's house—my sister knocked at the door, and asked the prisoner for the frock—the prisoner said he should not give it her—she said, "I will wait here till you do"—he took up the server, and said he would kill the first b----b----that came near him—my sister said, "You shall kill me—he put down the server, and began scratching her face and tearing her hair—he hit me first, he scratched my face, hit me in the chest, and knocked me down—then my sister helped me, and he began knocking her about—he called for the poker, and his sister gave it to him—he struck my sister on the head with it several times—she fell on the window ledge—I saw a good deal of blood—she was insensible for ten minutes w a quarter of an hour—this is the poker.
Cross-examined. Q. Whose poker is it? A. My mistress's—I had sent a little girl for my lister to bring her to me—I am quite sure of that—I do not recollect her name—I did not send my brother—he was not there—I think he was at the back of the house—I never took the prisoner's sister's boot—there was a little piece of work there in the morning—one of my sis-ters did not beat one of his little brothers—there was a little piece of work in the morning, abont half an hour before, a quarrelling between him and my sister—I went to the door, and asked for my frock, which I had seen his sister take off the pailing, and run in with it—I think the boot lay in the path—I said to the prisoner, "Will you give me my frock?"—he said, "I shan't"—I said, "If you don't I won't give you your boot"—his sister took my frock before the boot was taken—he took the poker out of his sister's hand—she brought it out of the middle room—it was not thrown down on the ground—he kicked me—we did not both set upon him—I never had the poker in my hand, nor did my sister.
MR. ROBINSON. Q. Where did you pick the shoe up? A. Against his back window, when he said we should not have the frock.
ANN PRESTON . I am the wife of William Preston, and live in Camden-place, Kensington-gravel-pits. On the 27th of May, about ten minutes after ten o'clock, I was at my mother's in East-row, Kensal New-town, next door to the prisoner's—I heard a violent screaming, and went to see what it was—I heard a violent noise in the passage against the prisoner's father's house—I went into the passage, and saw the prisoner fighting with these two girls—he had hold of both their heads pulling their hair—I parted him from Jane—he directly flew to Susan and was scuffling with her, trying to bite her—I went to part them—he then called to his little sister for the poker—she brought it, gave it to him—he struck Susan once on the head, and once on the arm with it—the blow stunned her for a few minutes—she fell on the window-sill—I took her into my mother's house—I took the poker from the prisoner—he said he would kill the first b----that came near him, and if he could not have the poker he would have a knife.
Cross-examined. Q. He was very furious, was not he? A. Yes, in a terrible rage—I have a sister named Eliza Talbot—I saw her here the day before yesterday—I have not seen her since—she lives at No. 2, East-road—a gentleman asked me where she lived and I told him, but I did not know where she was at work—she saw the beginning of this transaction.
MR. ROBINSON. Q. You live a considerable distance from the place? A. Yes.
THOMAS HICKMAN (policeman.) In consequence of information I took the prisoner in charge—his house was locked up, and the windows fast—I knocked but they would not let me in—I went to the house a second time but was not let in—I was obliged to break in, and took the prisoner into custody.
JOHN ABERCROMBIE . I am a surgeon, and live in Kensal New-town. I was fetched to see Susan, and found she had a wound on the left side of the head, an inch long, and cutting through the scalp—it bled considerably—she had a bruise on the left wrist, with the skin grazed—I dressed it, and ordered her to bed—the wound was contused—a poker would be likely to cause it—it must have been given with considerable violence—she was in danger for about three days, and under my care for about a week after.
Cross-examined. Q. Did you give a certificate of her illness? A. On the day of the injury I did—I then considered her life in danger and for three days.
MR. HORRY to SUSAN HADAWAY. Q. Were you not at a ball on that
evening? A. Yes, for about ten minutes—I was not dancing—I went for my mother and father, who kept a stall down the fair—that was nut the day it happened, but the Monday after.
MR. HORRY called
LETTY PALMER . I am fifteen years old—I am the prisoner's sister—the witness Jane said to my brother on the Tuesday night, "I will pay you," and in the morning she took and beat him shamefully—my shoe was lying in the garden—she took it up, beat him with it, and he took it op—he said, "Do not be in a passion"—she up with her hand, and smacked his face—she went and fetched her sister, and they both pitched into him, and Jaoe said, "Go, and fetch the poker"—she used a' bad word to my brother, and hit him right across the back with it.
Q. Where had she got the poker from? A. Our front-room is let out—they scratched my brother, and beat him, and he took up the poker, and hit the biggest girl with it—Jane had struck him first with the poker—she had it first.
MR. ROBINSON. Q. Who was present when Jane struck the prisoner with the poker? A. I did not see anybody—Susan was not present—it was the same day, but at a different time—she sent little Mike for the poker—he k abont four years old—he fetched it for her—my brother tried to get it away from her, but she hit him right across the back with it—I do not think she hurt him very seriously—I was in doors when the poker was used the second time, and saw no part of the transaction when Susan was there.
GUILTY of an Assault. Aged 16.— Confined Four Months.
MR. PLATT conducted the Prosecution.
ANN ROWBOTHAM . I live in Baker-street, Stepney—the prisoner and Barton lived at No. 10, Baker-Street, where I used to live. On the 22nd of Mar, about half-past five o'clock in the evening, the prisoner came up stairs very tipsy, and used bad expressions, and said she would have some of their lives—ahe kept swearing at Burton, and then Burton asked her for the loan of the irons—the prisoner said she should not have them—Burton said she must, as she wanted to use them, and followed her up stairs for them—I was standing in my mistress's room—the prisoner took the water-jug, threw it at Barton, and hit her in the temple—they were a very little distance from each other—the prisoner kept the jug in her hand, and struck her on the temple, with it—it did not go out of her hand till after she struck, her—the blood came from her temple.
Cross-examined by MR. DOANE. Q. After the blow was given did you see any part of the jug remain in the prisoner's hand? A. Yes, the handle—I am sure of that—it was not thrown out of her hand—this house is a brothel—I had been there about three weeks;-the prisoner was there before me—she went quietly up to her own room—Burton followed her, and said, she would have the irons—she persisted in going up to the prisoner's room.
MR. PLATT. Q. To whom did the irons belong? A. The landlady.
ELIZA BURTON . I live in Baker-street—I had been washing—the prisoner came home very much in liquor—she used a great many bad words and said she would have somebody's life—I asked her to give me the irons—I never quarrelled with her—she went up stairs, I followed her and asked her. again to give me the irons—she said she would not—I said, "I must hate them"—I was standing at the door to go down stairs, when I found she
would not give them to me—she took up a large water-jug which stood by the door, and hit ma on the head with it, it smashed it all to pieces, and struck me on the left cheek, which bled very much—I went to the hospital, and have been there three weeks—I feel very bad in my head at times.
Cross-examined. Q. You are an unfortunate girl? A. Yes—the prisoner was very drunk, and out of temper.
JOSEPH NASH . I am a dresser in the London Hospital—I examined the procecutrix, she bad an insised wound on the left side of the head, extending two or three inches—it was dangerous—she was under my care about a fortnight, but is now well.
GUILTY of an Assault.Aged 23.—Recommended to Mercy by the Jury and Prosecutrix. — Confined Two Months.
1275. JOHN WORKMAN was indicted for stealing 14 spoons, value 14l.; 11 forks, 13l.; 1 fish-slice, 3l.; the goods of Charles Chapman Barber, in his dwelling-house, and that he had been previously convicted of felony.
MR. O'BRIEN conducted the Prosecution.
MARY RALPH . I am cook in the family of Charles Chapman Barber, of No. 11, Westborne Villas, Paddington—on the 7th of May I saw the prisoner at our kitchen door—he said, "Is there any orders for the butcher?"—I said, "Where from?" he said, "From the butcher"—I then asked him inw the kitchen, and to sit down while I went up stairs—I remained up stein about twenty minutes—I went nearly to the top of Che house, leaving nobody but him in the kitchen—he was dressed in dark clothes, and had an apron—I believe a butcher's apron—when I came down he was gone and the door open—I went to the plate-closet and nearly all the* plate was gone, which 1 had seen safe two minutes before he came, when I put the tea-spoons in the basket—I missed the articles stated—I am sure the prisoner is the person—I saw him at the station-house next morning.
Cross-examined by MR. HORRY. Q. Had the clock struck ten before he came? A. It had not more than a minute—I had never seen him before—Tapping is our butcher—I cannot say whether he said he came from there—I said he was earlier than usual—he said, "Our man is ill"—I went up to see if there were any orders—I was not many minutes with him—a gravy-spoon, four tea and four salt-spoons were left in the plate-basket—I bad not counted the plate since the night before, but there appeared the same quantity in it two minutes before—I went out, saw a policeman, and told him of the robbery—a policeman afterwards came and said he had taken a person who he believed to be the man—the prisoner had never come before.
THOMAS BANBRIDGE . I am a labourer, and live in Eaton-street, Portman-market—on Thursday, the 7th of May, I saw the prisoner, who I have known six or seven years—he was with another man—he bad a sort of brown coat on—it was two or three minutes after ten o'clock—he had two aprons on—I saw him go into Mr. Barber's house—the other man crossed the road on the other side—I saw the prisoner come oat in about ten minutes—I saw him beckon with one hand to the other man who remained across the road, and at the game time hit bis coat pocket with the other hand—they went away together—I saw them as far as the first corner, and saw the prisoner take off one apron—I cannot be mistaken in his person.
Cross-examined. Q. What were you doing there? A. Loading a cart with bricks—I am in the employ of Mr. Thurston, a builder, who bad hired the cart—I have worked for him on and off six years—I stood looking at the parties, and worked at the same time—I told the policeman I knew him, and next day he came for me—I never quarrelled with the prisoner—I did not know
where he lived—I have not known him much for two years—I have passed him—I was at work there all day—I saw the policeman twenty minutes after the robbery.
COURT. Q. What sort of aprons had the prisoner on? A. One blue, like a butcher—he took that off and had a white one under it—I have known him by sight for years, and have not a doubt of him.
SAMUEL HAMPTON (policeman.) On the morning of the 8th of May, I saw the prisoner at a door, No. 16, Paul-street, Portman-market, about half-past seven o'clock, and a young man with him—in consequence of information I apprehended him—he asked what for—I said I believed a plate robbery—he said, "I know nothing about it."
MR. HORRY called
ANN TREADWELL . I live at No. 7, Carlisle-mews, Edgware-road, in the same house as the prisoner, and am a laundress—I recollect the day he was taken—I was nursing a woman in the house—on Thursday morning, the 7th of May, I saw the prisoner, when he got up to breakfast—it was a little before ten o'clock—I had to make fresh breakfast for him, and by the time I got it, it was past ten—we had all breakfasted before.
Q. How did you know it was ten o'clock? A. I had to get my brother's dinner, and the prisoner asked me to brush bis clothes—I told him I had not time, I must get my brother's dinner—it was half-past ten before he left the house—I know he came down at ten, because I was preparing my brother's dinner, which was to be done at twelve o'clock—it would take an hour and a half or two hours to get ready—the prisoner was half an hour at breakfast—I am certain he went out at half-past ten o'clock, and not before—there was a clock.
MR. O'BRIEN. Q. Were you in the house more than this one day? A. I have been there since Easter—I do not recollect what time he breakfasted on the 5th or 6th—I found him lodging there when I went—I never saw him wear an apron.
COURT. Q. When was he taken? A. On the 8th—I think he is a painter, and has lived in service at times, but was not in employ at this time—I do not know how he gets his living.
NOT GUILTY .
NEW COURT.—Friday, June 9th, 1846.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 46.— Transported for Seven Years.
GUILTY . Aged 26.— Confined One Year.
GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 15.— Confined One Month.
MR. BALLANTINE conducted the Prosecution.
ROBERT RAMSDALL . I live with William Samuel Burton, an ironmonger, in Oxford-street—the prisoner was in his employ two or three months—he was discharged about the 8th of May—these knives and forks produced by Mr. Pink are the property of my employer—they are worth about 30s.—the prisoner had an opportunity of taking them.
Cross-examined by MR. DOANE. Q. These were Mr. Burton's property? A. Yes—the firm was Rippon and Burton, but Mr. Rippon has withdrawn for three or four years—his name is still up—these articles have the name of the firm on them—how many we have sold in the last three months I cannot tell—these have never been used—they were taken out of the stock.
GUILTY . Aged 21.
HENRY WATSON . I now live at Weybridge—I lived with Mr. Delany, a pawnbroker, in Holborn—on the 14th of May I received from the pawnbroker five pairs of salt-spoons, and twelve metal desert-spoons—I lent him 21s. on them.
JOHN WHITE (police-constable R 180.)On the afternoon of the 14th of May I saw the prisoner go to Mr. Tighe's shop—he produced some knives and forks—I asked him if he was the manufacturer—he said he was not—I said 1 was a policeman, and I should like to know how he became possessed of them—he said he purchased them that morning at Rippon and Burton's, In Oxford-street.—I took him to the station, and he was ordered by the inspector 'to go into the reserve-room—I went in that room and saw him with his arm up the chimney—T said, "What are you about there, bring them down,'*and he brought down half a dozen spoons—I found on him two duplicates, and I found one duplicate at his lodging in Well-street, relating to the articles pawned at Mr. Abbather's.
(The prisoner received a good character.)
GUILTY . Aged 21.— Confined Six Months.
RICHARD ANDREWS . I am in the employ of Mr. Bond, a gun-maker, in Whitechapel—the prisoner was working in the factory—on Wednesday evening, previous to the 13th of June, some gun-brass was found in a dust-hole—on the Thursday morning I arrived there a little after seven o'clock—I watched and saw the prisoner come and take the brass out of the dust-hole—he went to another place, and then I noticed it sticking out under his clothes—I followed him—he noticed that, and ran away—I examined the dust-bole, and
the brass was gone—it had been covered over with dust—it had been discovered by one of the men—there was no brass found on the prisoner when he was afterwards taken.
Prisoner, I knew nothing of it till the man came up and stopped me; I did not run.
NOT GUILTY .
SAMUKL SHUTTEEWORTH I live at Chelmsford, in Essex. I produce an extract from the register of marriages at Camber well church—I compared it with the register—it is correct—the register is kept in the iron chest in the vestry of the church—I was present at the marriage—it took place on the 27th of June, 1839—the parties were Joseph Mortimer, a widower, and Josephine Langhorn, a widow—the prisoner is the man—I knew Josephine Langhorn well—she was alive on the 22nd of March last—marriages are celebrated in the church of that parish—there were two or three marriages that morning—(certificate read—"Marriages solemnized in the parish church of St. Giles, Camberwell, 27th June, 1839—Joseph Mortimer, widower, and Josephine Langhorb, a widow, were married by licence by me.—H. W. C. HYDE.")
ROBERT M'KENZIE (police-sergeant B 5.) I produce an examined copy of the register of marriages at Shoreditcb church—I examined it in the vestry-room of the parish church of St. Leonard, Shoreditch—it was produced to me by the curate of the church—the clerk was present—it is a correct copy—(read—Marriages solemnized at the parish'church of St. Leonard, Shoreditch, 1345:—June 7, Joseph Mortimer, widower, and Caroline Wright, widow, were married by license, by me, T. U. Parnell."
ROBERT WRIGHT CALDECOTT . I live at Claphara, and am a schoolmaster. I was present at this marriage at Shoreditch church, on the 7th of June, 1845—the prisoner it the man who was married to Caroline Wright, a widow—they went into the country after they left the church—Caroline Wright is now in Ireland—I am her son—I saw her last nine months ago—she is an Englishwoman.
Prisoner. Q. Is she not now living with another man at Dublin? A. She is not—I am positive she is living in Dublin.
Prisoner. My marriage to this woman, and the other, were both since I got a divorce in the city of New York; and on the divorce, the whole of my wife's money was sent to Charleston, and then she got married in the Catholic cbapel. I hear she is living in New York, and has one child; she married on the strength of the document she got from me.
Prisoner's Defence, written:—"My Lord, Mrs. Mortimer, formerly Mrs. Langhorne, and myself, not agreeing together, we, by mutual consent, separated at Charleston, in America; she proceeded to London for the purpose of procuring some money she was entitled to, and I proceeded to New York. After the lapse of some months, Mrs. Mortimer made personal application to me at New York, to request my signature to a power of attorney, to enable her to receive the monies; this I did on our signing a mutual agreement for separation or divorce, according to the laws of the United States, I being a citizen of New York; which deed was deposited, and remains now in tfie bands of William Davies, solicitor and proctor, New York. Mrs. Mortimer, formerly Miss Lovejoy, that I married in Liverpool, subsequent to my
obtaining the divorce in New York, died on board the ship Sidore, Captain Brockley, after we had been seventeen days on the voyage to New York;—since her death I married Caroline Wright, with whom I did not agree, and we separated by mutual consent; I heard she had since died, and hence my reason for looking out for another wife; it appears, however, from her son's evidence, that she still lives."
SAMUEL SHCTTLEWORTH re-examined. Josephine Langhorn was the half-sister of my wife—I have had constant correspondence with her till the 22nd of March—she was then at New York—here is a letter her mother had from her, and I received it from her mother's hand—I know it to be her writing—she here signs her name "Josephine Mortimer"—here is not any allusion to her being married—it is dated March the 23rd, the post-mark at New York is March 29, and the London post-mark is the 15th of April—I have a letter from the prisoner—I do not know his writing, but it has his name, and was posted from Newgate.
GUILTY .— Transported for Seven Years
SAMUEL SHUTTLEWORTH . I produce a copy of the marriage-register at the parish church of St. Giles, Camberwell—I compared it with the original reg'ster—(this was again read, as in the last case)—the prisoner was married to Josephine Langhorn—she was well known to me—she was my sister-in-law—I think I saw her last in 1842, when she came to England—I am well acquainted with her handwriting—the members of my family and myself have constantly corresponded with her—I have a letter which her mother received on the 15th of April—the date, according to the American post-mark is the 29th of March—this letter is her writing—I had a great many letters, but I destroyed them before I heard of this—the prisoner states that they were separated by mutual consent—I believe it to be a great falsehood—I have no reason to believe she has been separated from him by mutual consent.
Prisoner. Q. Do you know what was the cause of my leaving her in the Spread Eagle? A. Yes, she happened to leave a gold ring her brother had given her on the table, and you ran away taking it with you and leaving her.
Prisoner. Q. Are you aware she threw a carving-knife at me? A. I should have as soon thought she threw a thunderbolt at you—I do not know that her mother advised her not to live with you—I advised her to go back—I know you ran away with her money—the money was brought back to my house and locked up—after some time she allowed you to five with her, and she insisted on my giving you the money, and you ran away again.
ROBERT M'KENZIE (police-sergeant B 5.) I produce an examined copy of the register of the marriage of Joseph Mortimer and Mary Susannah Lovejoy, on the 22nd of June, 1844—I compared it with the register in the parish church of St. Philip, Liverpool, in the county of Lancaster—Mr. Hancock, the clerk of St. Philip's church, produced the register to me in the church—(read, describing the prisoner as a widower.)
was no relation of mine, but I knew her—I saw her alive about a, fortnight before she sailed for America with the prisoner, in October, 1844.
Prisoner. Q. Are you not aware that she died on board? A. Yes.
Prisoner. The death was put in the public papers; 1 considered my divorce was lawful; I do not consider myself guilty.
1285. JOSEPH MORTIMER was again indicted for stealing 1 box, value 7s. 1 coat, 16s.; 2 gowns, 10s.; 3 night-gowns, 4s. 6d.; 1 scarf, 10s.; 4 yards of linen cloth, 2s.; 2 yards of calico, 9d.; 1 toilet-cover, 1s.; 1 pair of trowsers, 1s.; 2 brushes, 2s.; 1 shirt, Is.; 2 towels, 6d.; 1 table-cloth, 1s.; 1 pair of shoes, 6d.; 1 shift, Is.; and 2 handkerchiefs, 3s.; the goods of Eliza Loyer.
ELIZA LOYER . I live in Chapel-court, Union-street, Whitechapel. I advertised to procure a situation as cook and housekeeper—in consequence of which I received this letter—(read)—"To E. L. Madam,—If you have no objection to change your situation in life, I should be happy to coramuaica with you on the subject. I am from New York, a widower, have one daughter. I am a merchant, and have also land there as well as in England. I am well aware this is not the usual mode of addressing a lady on this subject, but I know no one hardly in London, and my time is very short here. Pray write without delay, and be assured this is no trifling hoax, to J. M. Tubb's Post-office, Regent-street, Langham-place, when if you can permit me to call, it might be more satisfactory than auy other correspondence. I am, Madam, your's obediently, J. M." In consequence of this letter I went to South-street, Grosvenor-square—I there met the prisoner—he said he was the person who had written to me, and he produced my answer—he represented himself as an American merchant, a man of good property—he said I should meet with a respectable man; and as 1 had no tie in England, I said I should have no objection—I was at that time lodging at No. 1, North-terrace—the prisoner called there the next day—I had several other interviews with him—the result was, we agreed to be married at St. George's, Hanover-square; but it being rumoured about that I was going to New York, I was arrested by somebody I owed a debt to, on the Tuesday as I was to have been married on the Thursday—I soon got out from the arrest, and the prisoner and I arranged that we would be married at Manchester—we did not wish to be married in London, as it would make him subject to the debt—that was about the middle of Jan.—I went to my lodging, and slept there one night—I afterwards removed to a coffee-house in the Commercial-road—the prisoner went there with me—we were not married—he lived there with me for a fortnight—we then went to Duke-street, Gosvenor-square, and then to another coffee-house—I then went to Paris, to receive some money—I was absent a fortnight—I then went to the Rainbow coffee-house wilh the prisoner—I paid the expenses all this time—he represented that his property was all in bond at Liverpool, and it would be attended with great loss to enforce the sale of his goods, by putting them in the hands of other parties—I had received 40l. at Paris—I arranged with the prisoner to go to Liverpool—we were to go on the 10th of April, but on the day before that, the 9th of April, he went out and promised to be back at twelve o'clock, and 1 did not see him any more till the 18th of May—I advertised again on the 15th a May to get a situation, but I reversed my initials that time—I received this letter in answer—(read.)
"Chelsea, May 15th, 1846. Madam,—I read your advertisement, and I
du want a companion, and iff you wish to change your life again, I am the chap. I du belong to the City of New York. I am a merchant there, and have been for seventeen years. I am a widower, and have a dauter nine years of age. I am thirty-seven years of age. I have brout over a quantity of flour from York, 600 barrels. I have not sold it yet. I have a hincome of 700 a year. I will give my wife liberty to bring frend or a servent out. I will pay the passage. I was mared to a Kent leady in the City of York, and iff du get a wife, and you be the won, you me depen on love and kines from me, and no mistake. Iff you du think well of this, and rite me, i will atend to it. Direct to J. M., post-office, King's-road, oposit the Man in the Moon. Yours truly. Hu nos i may be your husband. J. MORTIMER. To L. E., 34, Gough-street, Mount-pleasant, Gray's-Inn-road."
Witness, In consequence of this letter J gave directions, and got the prisoner apprehended—I was sure from the representations it was the same party—when I was in Paris I trusted the prisoner with part of my money to take care of, and he kept it—I remarked that I had got my pocket picked twice io London—on the Wednesday before Good Friday he was going to lay out some money for me—he then appeared to have twenty-five sovereigns of mine—he was to take some clothes out of pawn of mine—he returned, and said he had taken them out, and left them in the box somewhere in Whitechapel, but I never was able to find them—I had left some things in the box, but not many—there was a bonnet and feather, a boy's shirt, and pair of trowsers—previous to our leaving for Paris, he asked me to make some money on my things to pay expenses—I had left the box at the Omnibus coffee-house, Commercial-road—I never delivered that box to the prisoner, but he got possession of it.
Prisoner, Q. Are those letters my hand-writing? A. I cannot swear to that, but it was in consequence of the first of these letters I had an unfortu* nate interview with you—you said you was the writer—the remark was, you looked a strange sort of a merchant—I produced this letter—you said you was a widower, and was in a great hurry to leave town, and you must marry fint, and court afterwards—you was drinking some ale, and smoking a short pipe «t the time—I wrote an order previous to my going to prison, for you to receive some money, and it gave me a better opinion of you, your bringing the money to me—you asked me to let you have some money, as, if you could postpone the selling of your property till the passing of the Corn-law, it would be 200l. or 300l. in your pocket.
JURY. Q. He has robbed you of money and goods? A. Yes, he has got everything from me.
Prisoner. Q. Did you not give me 27l. in the bank? A. That has toothing to do with the robbery—when we got to Paris I paid the bill—I had a 20l. note cashed at Boulogne.
COURT Q. Did he pay anything? A. No, I paid everything.
SARAH SMITH . I live in Plummer's-row, Commercial-road—I am a widow. On the 23rd of March the prisoner came to my lodging there, and asked me if I could take a child to nurse—he said he was a poor little sickly creature, and would want a very great deal of kind attention—I said I could—he said, what should I charge for taking him, that he was three years of age, and could not go alone—I said I never took a child, and I could not say—he said would 55. a week pay me—I said I thought it would—he then said, perhaps I could take two children—I said, "Yes"—he said, the other was nine years of age, a fine intelligent little boy, but I must take great care of them—he then said he thought he would give me 15s. a week—he said be and his lady were going to Canterbury the next day, and I should have the
youngest child that night, and the other the next morning—I went to tlfe Omnibus coffee-house that evening—I saw the prisoner and Mrs. Loyer—the prisoner told me he liked my appearance as a nurse, that as soon as he wwt returned from Canterbury he was going to America, and he was to take the eldest child, and I was to keep the youngest—he introduced Mrs. Loyer to me as Mrs. Mortimer—I took the youngest child that night, and the next morning the other came with the prisoner—he said, did I want any money, or could I wait till he returned from Canterbury—I said I could—on the Tuesday before Good Friday, he called to take the eldest child away to hit mamma—he said he should take it to the Rainbow coffee-house—on that Tuesday, a servant came from the Omnibus coffee-house, and in coiweqaence of that I went and stopped the prisoner with a man carrying a box in the street—I got some money from the prisoner, and he appointed to meet me on the Thursday at the American agents, in Copthall-court to settle 30l. a year on me, for the maintenance of Charles the youngest child—I went to the American agents to meet him, but he sever met me there—I went to the Rainbow, and found Mrs. Loyer in a state of distraction—I went afterwards with an officer to Chelsea, and saw the prisoner, and gave him into custody.
Prisoner. Q. Did I not tell you tuey were not my children? A. No—you said they were your dear little boys—when I stopped you in the street you flew into a passion, and said they were not your children—a man told you to take away the trunk and pay what you owed—Mrs. Loyer was not there.
SUSANNAH MEAD . I am sixteen years old, and am assistant at the Omnibus coffee-house, Commercial-road East. On the Tuesday or Wednesday before Good Friday the prisoner came and fetched away a box—he and Mrs. Loyer had brought it—I went to tell Mrs. Smith, and before I came back the hox was gone.
Prisoner. Q. When we came, had we any baggage at all? A. I cannot say—I saw you bring the box in, and carry it up stairs—Mrs. Loyer was up stairs—I cannot say when you brought it.
ROBERT M'KENZIE (police-sergeant B 5.) On Saturday, the 23rd of May, I went to the Duke's Head, Chelsea, and I found the box—I opened it with some keys I found on the prisoner—I found in it a quantity of wearing apparel, which Mrs. Loyer identified.
DAVID RENNING . I keep the Duke's Head in Queen-street, Chelsea. I have known the prisoner since the 24th of April—the officer came to my house for a box—the prisoner had brought that box and a'porter with him, from the steam-boat pier—Mrs. Loyer was not with hitn—she never came till she came with the officer to identify it.
ELIZA LOYER re-examined. The box which was found at the Duke's Head was mine—there was in it two gowns, a boy's shirt, a pair of trowseri, a petticoat, some calico, a piece of linen, and two handkerchiefs—the day before the prisoner left me he took the box to another place—it was taken away from the Omnibus coffee-house on the Wednesday, as he left roe on the Thursday—I expected he was to bring it to the Rainbow, as we were to go to Manchester the next day—he never brought it to the Rainbow, and I never went to Manchester—I lost sight of the prisoner—the clothes in the box-lite fty property—I never authorized the prisoner to take the box to the Duke's Head—the children were mine—the little one was not to come out for two or three years, as he is delicate.
Prisoner. Q. Did you order me to go for the box? A. I expected you to bring it to the Rainbow—I authorized you to go and buy a box for me, three or four days after we were at the coffee-house—you always presented
to me that your baggage was at Liverpool—the clothes in the box were mine—I think there was a man's coat in it, which did not belong to me but it was bought with the money you got from me—the trowsers and waistcoat I lent you a sovereign to buy—these are my gowns and other things—I never gave you permission to carry away the things in this box—I did not give you these things to put in pawn, to take us to Paris—I gave you this one article to pawn, and you took it out, and ran away with it—I sent you for the box, but why did you not bring it to me?
COURT. Q. Were the children's clothes put in pawn? A. He said he had better get a little money on this child's coat—I had pawned these two gowns, and he went and took them out of pawn at the west-end of the town—he was leading me on from day to day—he removed the box, die bonnet, and the feather, without my consent—they were at the Omnibus coffee-house—I never delivered them to him—they were never in pawn, and never delivered to him by me, and he went off with them.
Prisoner. I never saw the bonnet and feather at all. Witness. You locked it up yourself in the box.
Prisoner, That box had belonged to me three years; we left it behind ns when we went to Paris.
COURT to ELIZA LOYER. Q. Tell us any articles that you never entrusted him with, and that he has carried off? A. The bonnet, and feather, and two towels—I had put them into the box, and, instead of bringing it to the Rainbow, where 1 told him, he carried it somewhere else—he took it away.
JURY. Q. You do not deny sending him for the box? A. No—he left me at ten o'clock to fetch the box, but he never brought it to me.
Prisoner. Q. Did I not buy that bonnet for you? A. No, I bought it myself—you did not buy two bonnets, for me—you were with me when'I bought them—you paid for them with my money—I never saw any money of yours—you did not send out for brandy—you did not bring wine to my room—I never took a drop of spirits with you.
COURT. Q. Have you ever had one farthing from this man? A. No—he has never, to my knowledge, had one farthing but what he got from me.
Prisoner, She never had twenty-foir sovereigns, no more than the 27l. I got at the bank, and that was laid out for different things; I had 300l. in that trunk.
ROBERT M'KENZIE re-examined. Q. Was there any money in that box? A. Not one farthing—the box was locked, and I took the key out of the pri-. soner's pocket—the box was not found for a week after he was in custody. GUILTY .— Transported for Seven Years longer.
MESSRS. RYLAND and MELLOR conducted the Prosecution.
COLONEL BROWNLOW WILLIAM KNOX . I reside in Wilton-crescent, Wilton-square. This is my opera-glass (looking at it)—I remember having it on the evening of the 13th or 14th of Jan. at Drury-lane theatre, in tbt Queen's box—I had had it fifteen or eighteen months in constant use at the theatre—I purchased it of Mr. Callahan—it is a foreign glass, made at Vienna—I was in company at the theatre that evening with Sir Henry Wheatley—I left at the close of the performance—I did not take notice of the time—I perfectly well recollect leaving my glass in the anti-room of the box—I laid it down, on putting ou Miss Wheatley's shawl—the carriage arrived, and I left it—I had put it into a case, which I have not seen since
when I got home I missed my glass—I immediately sent my footman back to the theatre—I did not receive my glass, and on the following day Ijent my butler, but with no satisfactory result—the attendants at the box in the theatre that evening, as far as I can recollect, were the two Arlesses—I saw them there—the prisoner was one—I went myself one or two nights after to the theatre, and I saw the prisoner—I told him of my loss, and said I must have my glasses back, they must be in the possession of somebody in the theatre—he said he knew nothing of the glasses, but I think he said, "I will go round to the pawnbroker's, and see if I can find them for you"—he said he was very sorry I had lost them, and he would endeavour to find them—I believe that was all that passed—on the 23rd of May I went to the theatre, sod saw the prisoner in Mr. Harley's private room—I said on his coming into the room, "I believe you have the care of Lady Conynghatn's glasses?"—he said, "I have"—I said, "Would you object to show them to me?"—he said, "I cannot do that, for they are gone to be repaired"—I asked him what repairs they required—he said one of the eye-glasses was loose—I then ssked him whether there was anything the matter with the screw, and whether it was a gilt screw or a steel one—he said he believed it was a gilt screw, and round—I said, "Are you sure there was a screw in it?"—he said, "I am positive there was"—he said he had given Lady Conyngham'a glasses to Wiggins—Wiggins was sent for, and I asked what orders he bad received with Lady Conyngbam's glasses—he said they were to be repaired, they wanted a new adjustment screw—I said I thought I had evidence enough to give the prisoner into custody—I recollect Mr. Callahan, who is the importer of these glasses, calling on roe on the evening of the 22nd of May—he begged me to come to him the next day, which I did, and then a parcel was produced at his shop—Mr. Otway, Mr. Callaghan's wife, and a Mr. Waite were present—I then described my glasses—the parcel was then opened, and this pair of opera-glasses was produced, which correspond with the description: I had given—I know them by a particular mark in the ivory, like a knot in wood—here is the mark—I am perfectly positive that these glasses are mine—I have not the slightest doubt as to the identity of them—I do not know whether the prisoner was in attendance on the box on the night I lost these—I had no communication with him—I know he is in the habit of attending, but I have been there so frequently, I cannot tell.
Cross-examined by MR. CLARKSON. Q. These are what are called Vienna glasses? A. Yes—there is stroe German on them—here is on this one an apparent stain, like a knot in wood—I have not the slightest acquaintance with the manufacture of ivory—I do not know whether if there were a vein of this sort running through a whole tooth, it would be on all glasses made from it—to the best of my belief, I saw the prisoner on the night I lost my glasses—I should be very sorry to swear I saw him—'I did not see him ia. the box—when I bought this pair of opera-glasses, there were others there—I had another pair to choose from—I do not know how many pairs Mr. Callahan had—when I had the prisoner in the private room, he answered me at once, and readily, that he could not produce to me Lady Conyngham's glasses, because he had sent them by Wiggins to Mr. Harris, to be repaired—I was told these glasses were Lady Conyngham's, and I had ascertained that Lady Conyngham denied them—I did not know that the glasses to, which I referred were at Harris's—I supposed they were another pair of glasses—I wanted to prosecute my investigation, to obtain my own glasses back—I did not go to put questions to the prisoner in hopes of catching him in any misrepresentation—when I first saw him, recently after 1 lost my passes, I told him I could perfectly well identify them, that I could swear to
them—he knew that as early as Jan.—the glasses were lost on the 13th or 14th or Jan., and some nights after, when I went to the theatre again, I saw the prisoner—I was aware that there was a pair of glasses at Harris's, which had been taken there by Wiggins, who had received them from the prisoner—I did not see Lady Conyngham.
MR. RYLAND. Q. Had you any knowledge of whose the glasses wets supposed to be, till you saw them at Mr. Callaghan's? A. No—what I said about Lady Conyngham was from what I had heard from Otway.
HENRY TURNER . I am butler to Colonel Knox. On the 13th or 14th of of Jan. I remember his coming home at night without his glasses—I wect the next evening, by Colonel Knox's desire, and saw the prisoner—I told him I was Colonel Knox's servant, and he had sent me to inquire about his glasses which he had left in the Queen's box the night before—I did not get them.
WILLIAM CALLAGHAN . f stii an optician, and live in Bloomsbury. I sold Colonel Knox a Viennese opera-glass about eighteen months since—I really cannot say whether these are or are not the glasses—I had imported those I sold him from Vienna, perhaps about a fortnight before I sold them—I think those I sold him was one of four pair which I imported; but if I say one of twenty-four I should be certain—I had not sold the others to different customers—Colonel Knox's was one of the first I sold—I had the others in hand—I am bound to put my name on them, with the address No. 45, Great Russell-street, as agent.
COURT. Q. Do any of these glasses come again into your hands? A. No—they are quite a new invention; not more than sixty of them in this country—I never buy in this country the articles which I import—any goods coming to my shop with my name on them, would show I bad sold them before—if a person wishes an exchange I am happy to take my goods back—I never took one of these back.
MR. RYLAND. Q. You sold one opera-glass to Lady Conyngham? A. Yes—that was not one of the same lot as Colonel Knox's—it was one of more recent importation—it was exactly like this in make and nature; the very facsimile of this—if they were here I could not tell one from the other.
COURT. Q. There has been no variety in them for eighteen months? A. No; they are all alike—I should say this glass has been much used—the gilding does not show the effect of use—I could not pronounce how long this glass has been in use.
MR. RYLAND. Q. This glass was delivered by you to Colonel Knox aid inspector Otway? A. Yes—I think it came into ray possession on the 22nd of May—Waight brought it to my shop—I sealed it up, and gave it to Otwty in the presence of Colonel Knox—I had before that had a communication with Colonel Knox as to havifig lost his glass, and from the answer Mr. Waighi gave me when he brought this glass, I sealed it up—Mr. Waight said it I belonged to a friend of his, and he should like to have one, what wonld I charge—this excited my suspicion that it was Colonel Knox'e glass, and I detained it and sealed it up—I sent to Colonel Knox—a day or two afterwards he and Otway came to me—it was opened, Colonel Knox claimed it, and I handed it over to Otway.
Cross-examined. Q. Did you know that Lady Conyngham had sent her glasses to repair 1 A. No—I concluded these were Colonel Knox's when I saw them—I cannot undertake to swear that these are not the glasses I sold I Lady Conyngham, or that they are the glasses I sold Colonel Knox.
WILLIAM WAIGHT . I live in Carey-street, Lincoln's-inn Fields, anil am derk to a solicitor. I saw this opera-glass first on the 22nd of May, in Great Rossell-street—Mr. Harris, the optician, showed it to me—I went three doorir off with it, to Mr. Callaghan's, to know the price of it—Mr. Callaghan said he thought it was Colonel Knox's, and I insisted on having it sealed up—I saw it sealed up, and I saw it opened.
COURT. Q. Who sent you to Callaghan's A. Redman—he wanted to know the selling price of the glass at Callaghan's, and he asked me to go to-ascertain the selling price, I being a stranger—Redman called oa me, being; acquainted with me, and asked me to go to Callaghan to ascertain the price of his Vienna glasses.
JOHN REDMAN . I am foreman to Mr. Harris, an optician. This glass was brought to my master's shop by Wiggins,. I think on the 19th of May, to have a screw put in the adjustment—what was necessary was done to it—I got my friend Waight to take it to Mr. Callaghan to ask the price—it was my own suggestion; it being represented to us that k was Lady Conyngham's, we were anxious to know what Mr. Callaghan would charge for it—Mr. Waight took it to Mr. Callaghan, and it did not come back.
Cross-examined. Q. You found Lady Cooyngham had bought an opera-glass at Mr. Callaghan's, who is a rival of yours, and you wanted to know the price? A. We did.
JOHN WIGGINS . I am an optician. 2 attend Drary-lane theatre, to supply ladies and gentlemen with glasses of this sort—the prisoner is one of the attendants on the private boxes, on the Queen's side—I attended there in Jin. last, and the prisoner was in attendance—he gave me this glass on ttoe 18th of May, in order to be repaired—he said it was Lady Canynghaai's—Axe knew I waa an optician.
COURT. Q. Why did you not take it to the maker I A. It was not necessary I made the screw myself, and pat it in—I am in Mr. Harris's employ.
Cross-examined. Q. Have you known the prisoner any length of time? A. Yes—he is a man of unexceptionable character as far as I know, or kave heard—I was four or five yards from Lady Conyngham's box when be gave roe this glass, and told me it wanted repairing—I took it to my master's premises, and made the repairs myself—the prisoner took her ladyship another glass which I had supplied him with, while this wan repairing—I think that one had the name of Phillips on it—I am in the habit of attending to supply persons with the loan of glasses, or to sell them—I had seen her Ladyship uting a glass exactly like this, as far as I could tell across the house, for a long time previous.
COURT. Q. Have you had any other glasses from the prisoner to repair? A. Never from him—I have had them from other persons.
CHARLES OTWAY . I am an inspector of the H division of police. I went with Colonel Knox to Mr. Callaghan's shop—I saw a parcel sealed up—it was opened, and Colonel Knox identified this as bis glass—previous to tie parcel being opened, Colonel Knox told me if the glass was his, there was a particular wave on it, like a knot in wood—it was found to correspond exactly with the description he gave me—the wave appeared on die glass—I went to the theatre the same evening and saw the prisoner—I took this glass with me—I asked the prisoner if he should know Lady Conyngham's glass—he said he thought he should—I showed him the glass, and be sa& be could not say whether it was her ladyship's or not—he told Mr. Parsons that he had suspicion of a man named Bull—he said he shpufcl like to bays Hull watched—he said he had left his cupboard open, and he thought that
Bull had taken Colonel Knox's glasses out and changed them—I asked if be knew of any ink spots on Lady Conyngham's glasses—he said, "Yes, and that she had given them him to try to get the ink out, and he had spoken to Wiggins about it"—I do not see any ink spots on these.
MR. CLARKSON called
LADY JANE CUNNINGHAM . I have looked at these glasses—I was at Drury-lane theatre on the 18th of May, and was waited on by the prisoner—I had purchased a pair of opera glasses of Mr. Callaghan, in Feb., and on the 18th of May they were out of repair with reference to the screw—on the night of the 18th of May, I put them into the prisoner's hands, and saw him hand them to Wiggins, and give my orders to him—I believe on my oath these are my property—there are some waves on the ivory—these are a facsimile of mine—it does sometimes happen that I do not recollect to take away things—I have left my purse and my glasses, and they have bees always restored to me the next day—I have every reason to believe that the prisoner's character was above all suspicion—I would trust thousands in his care.
COURT. Q. Did you use on that night the box in which Colonel Knox sat? A. No—I have left my glasses purposely in the prisoner's charge.
MR. RYLAND here withdrew from the prosecution.
NOT GUILTY .
Before Edward Bullock, Esq.
JOSEPH SAVAGE . I am shopman to Mr. William Daniel Owen, of Great Coram-street. It is his dwelling-house—he does not live in it himself, tort his assistants and servants do—it is in the parish of St. George, Bloomsbury—Mr. Owen has a bed-room there, and sleeps there occasionally—he is a linen-draper—on the 26th of May, about half-past eight o'clock in the morning, the prisoner came into the shop with another man—the prisoner walked to the further end of the counter—I was in the window when he came in—I went round the counter to him—the other man and the prisoner were together—the other asked for some green silk, to make a shade—I sold him ft quarter of a yard—he asked for tome ribbon—I went to get it, and wh"ti came back I saw they were rather uneasy—I began making out the bill, and they both stood up—the other man stood between me and the prisoner—I said, "I wish to see what that gentleman (meaning the prisoner) has under his cloak"—I suspected he had something—he had then gone a little way from the counter or table—he had receded back—after I addressed him a second time he replaced this piece of satin upon the table—he had taken it from the shelves—I did not see him take it, but I saw the place where it had been taken from—I saw him put the satin and his cloak upon the table, and when he took his cloak up there was the piece of satin—I could not see him put the satin upon the table—I saw the cloak lifted up, and then I saw the satin—I swear the satin was not there before he put the cloak down—I called another shopman, and he came—I told him, in the prisoner's hearing, that that gentleman had had a piece of satin under his cloak—the prisoner said it was a mistake—he kept continually saying the same till they got to the door, and then he and the other man ran away in different directions—the other man gave me half-a-crown to pay for what he bought, which came to 7 1/2 d.—he did not wait for his change—I pursued the prisoner—he ran to the Colonnade in Brunswick-square—I was returning home and met an officer,
who took him—I know this satin is Mr. Owen's—there are sixty-eight yards of it—it had been kept upon the shelves—after I saw it upon the table I looked up to the shelves and missed it from there—it was a table I was serving at—he could get at the shelves by going round.
Cross-examined by MR. CLARKSON. Q. How long had it been from the shelves? A. I do not suppose five minutes—I had seen it on the shelves the night previous—the prisoner had bought nothing in the shop—he had no: change to take—I waited on them directly they came in—they came in, perhaps not exactly together—I will swear I aaw them—I did not hear* word spoken between them—I have no doubt that when they came in this satin was on the shelves—I did not see it—I had not seen it that day—it is the duty of Plant to put the goods up in their place—he is not here.
JOHN MIDDLETON (police-constable E 95.) On the morning of the 26th of May I was called to a house in the Colonnade. I searched, and found the prisoner in a very dark cellar, standing with his face to the wall—I took him Ux the station.
WILLIAM DAVIS . I produce a certificate of the prisoner's former conviction at this Court, on two indictments—(read—Convicted on the 21st of Aug. 1843, confined on the first indictment nine months, and on the second, nine months more,) the prisoner is the person.
GUILTY . Aged 25.— Transported for Ten Years.
WILLIAM TURNER . I am assistant to Mr. John Griffiths, a druggist, in Pleasant-place, King's-cross—the prisoner was in his service—on the 28th of May, between seven or eight o'clock in the morning, a patient came in for* tome medicine, and gave me a half-crown, I gave it to the prisoner to get dtinge—he went, and never came back—I afterwards found him at the station, and gave him in charge.
WILLIAM WALLACE (police-constable G 205.) I took the prisoner in St. Peter's-lane, St. Sepulchre, he said he knew what I wanted him for, that the shopman gave him the half-crown and he lost it, and was afraid to return home, for fear of his father beating him—he had no money.
NOT GUILTY .
OLD COURT. Saturday, June 20, 1846.
Second Jury, before Edward Bullock, Esq.
1288. EDWARD GREGORY was indicted for breaking and entering the shop of Charles Slinn, and stealing 28 pairs of boots, value 20l.; 22 pairs of shoes, 10l.; 1 other shoe, 2s., his property;to which he pleaded
GUILTY . Aged 19.— Transported for Ten Yeare.
GUILTY . Aged 28.— Confined Twelve Months.
GUILTY ,— Confined Three Months.
DAVID CHARLES BARKER . I live in Hampton-street, Somers-town, and am a grocer. I have known the prisoner about eleven months—in Aug. last he owed me 6s. 11d., which I had applied for several times—he came to ray shop on the 17th of Oct., about half-past five o'clock, and said he had brought me the money at last—he gave me this check for 8l.—he said, "I am too late for the Bank this evening, and if you will take this I will pay your bill, and I want more goods"—I said I could not change it—he said, "Do you know anybody who can change it?"—I gave him my card, and said, "Go to Mr. Bentley in Chapel-street, he will change it for you"—he went away with it, and returned in a quarter of an hour—I said, 'Have you got change f—lie said, "Mr. Bentley will send it," and immediately Mr. Bentley's young man came in and put eight sovereigns upon the counter towards me—the prisoner took them up—he had goods amounting to 11s. or 12s. including the 6s. 11d.—I did not see him afterwards till he was apprehended.
Cross-examined by MR. MELLOR. Q. The check professes to be drawn by one Tabor? A. Yes—I have inquired, but cannot find Tabor—I knew where the prisoner resided—the check was not presented till the 30th of Oct.—that was Mr. Bentley's neglect.
THOMAS WEST . I am servant to Mr. Bentley. The prisoner came anfr asked my master for change for a check—master said he could not give it to a stranger, but sent me with eight sovereigns, which I put upon the counter.
Cross-examined. Q. How many customers are there? A. About 3000—I do not reiriember them all—I have not our books here—I will swear Tabor had no account there—I referred to the books, and there was no such name—some of our accounts are closed soon after they are opened—I recollect the check being presented.
GUILTY . Aged 29.— Confined Two Years.
Before Lord Chief Justice Tindal.
MESSRS. BODKIN and HUDDLESTONE conducted the Prosecution.
THOMAS HUBERT . I live at No. 1, Hungerford-market, and am a lighterman and coal-merchant. I had known the deceased, Mr. Richard Dresser, about thirty years—he was an accountant, and lived at No. 8, Eastcheap—I saw him on Friday, the 29th of May—previous to that time, when I saw him, he frequently complained of being a little poorly—on the 29th of May he complained of rheumatism, as he called it—he was suffering very acutely—I call it sciatica—I have had it myself—he had been suffering from rheumatism before that, to my knowledge—I was there when Dr. Ellis came to Eastcheap that day—I understood that he had been sent for by the deceased and Mrs. Dxesser; also that he had been written for—he told the doctor he was very glad he had come, for he was in great pain, and he thought the doctor could do him good and relieve him—I think the doctor remarked that he had made up his mind that he should go down to Sudbrook-park with him that afternoon—he
had only complained of the pain down his legs, and the doctor said, in the most friendly way, he would drive him down in his carriage—he was to meet the doctor at Sackville-street, at half-past three o'clock—I did not go there with him—the doctor went away soon after that, and so did I.
Cross-examined by MR. COCKBURN. Q. Dr. Ellis had apartments in Sackville-street, or a house, had he not? A. believe he had, but not to my knowledge—the deceased had known Dr. Ellis for some time—I tot frequently heard the deceased talk of him, and recommend the system frequently—I have heard he published cases of cure that came under his knowledge—I saw it in print myself—I know nothing of his applying to Dr. Ellis for an appointment—I understand that it was by his wish that Dr. Ellis was sent for—he complained of pain down the thigh-bone to the toe, and described them as rheumatic pains, of a very severe character—he would walk several steps, and the pain would be so bad be would almost fall under it—he was in that state on Friday afternoon—I saw him walk in the room, after three of four steps he was obliged to stop on ene leg, and then proceed again—he walked about with pain, occasionally without pain—I think he bad been unwell in March—he had an attack of jaundice—I was not at his house during that time—he was not a robust man, but a healthy man—I should have had no objection to have taken a lease of his life—I think he was forty-five.
WILLIAM GLASSBROOK DRESSER . I was cousin to the deceased, and live at No. 11, Rotherfield-street, Islington. He was forty-five years old—he was stout, rather strongly built, and a man capable of aadergoing considerable fatigue, and a person of average health—I recollect bis having an attack of jaundice about two months ago—he had quite recovered from it, I think—I saw him last alive on the 28th of May—he was then complaining of rheumatic pains—I saw no more of him till I went down with Mrs. Dresser to Sadbrook-park on the Tuesday following—we got there about fow o'clock in the evening—I then saw his dead body there, at Dr. Ellis'g house—the body was swollen very much at the stomach, and the skin, under the eye, was discoloured, very dark indeed, and the ear and the back of the ear were nearly black, and there was a froth issuing from the nostrils and mouth* covering nearly the face—I did not see the discolouration of the eye at that time—they weie covered by the froth, but afterwards, when it was removed, I saw that they were both discoloured—I saw Dr. Ellis—I made some observations as to his death from rheumatism,—the doctor said he did not die of rheumatism but from hepatitis—that had he known he had been suffering from that disease he would not have admitted biro—he stated that he admitted him on his own statement as suffering from rheumatism that afterwards he discovered, on examination, a disease of the liver; that he had a similar attack about five years ago, which the medical gentleman who attended him on that occasion treated as rheumatism—he said there was no imputation on the skill of the medical gentleman, for the disease (hepatitis) was of a very insidious character—it was frequently oaly discovered by the use of the knife, after death—on coming into the rocaa shortly after, I asked some questions as to the state of the liver, and he stated he would give me a brief diagnosis of the case, and handed me this paper—he expressed his readiness to assist at any post mortem examination, or to meet any medical man—he expressed great sympathy with the widow.
(The following is the diagnosis.)
"Mr. Richard Dresser came here on Friday last to seek relief from what he termed rheumatism iu the hip, (properly sciatica,) giving no other particulars—the case was thought admissible, but it soon appeared, that he had been suffering from hepatitis of the subacute character, giving rise to suppuration,
occasioning exudations of lymph, and a rapid extension of the disease to the adjoining viscera—the symptoms were tympanitis, total inaction of the bowels, and sluggishness of the urinary organs; very severe pain in the left leg, from the groin along the thigh to the ankle; coldness of the extremities, and loss of power. He was treated as is usual to subdue the symptoms; the pain was soon suspended; the bowels, though stubborn, acted freely after the means had been tried, and continued to do so, and the urine either passed of itself, or was drawn off. The appetite allowed of his taking a little farinaceous nourishment; but the disease proceeded insidiously; the subacute inflammation advanced gradually, until there was no sign of active progress; the organ became very generally the seat of suppuration; the pulse became quicker and softer, with much perspiration; the countenance pale and sallow; there was tumefaction of the liver, with a doughy and dematous, or boggy fal of the hepatic region generally; the enlargement or bulging was very great about the false ribs; oppression, with dyspnœa, or short breathing, immediately preceded his decease, which took place at twenty minutes before eight o'clock this morning, June 2nd, without either a sigh or a struggle. In three or four hours after his decease the fluids filled the chest and throat, and oozed copiously out of the ears, nose, and mouth."
Cross-examined by MR. COCKBURN. Q. You saw the deceased on Thursday, the 28th? A. Yes—he was then complaining of the rheumatic affection—he was suffering very acutely—I was present when he himself applied fomentations of warm water—he was a man of a dark complexion—the weather was very hot when I went down to Sudbrook-park—Dr. Ellis and him had been on friendly terms for some time.
MR. BODKIN. Q. Did Dr. Ellis in course of the conversation say anything to you as to the treatment he had pursued with respect to the deceased? A. Yes—I omitted to state that he had warm baths, enemas, and wet bandages.
ELIZA MURIEL . I knew the deceased for three or four years previous to his death—I knew he had been suffering from rheumatism—I saw him on Thursday and Friday, the 28th and 29th of May—he complained of rheumatism—I wt him again on the Sunday evening, at Dr. Ellis', Sudbrook-park, when I went down with Mrs. Dresser—he was in bed—he appeared very poorly—I left him with Mrs. Dresser in the room—I did not see him alive after that day.
HARRIET DRESSER . I am the widow of Mr. Richard Dresser. On Friday, the 29th of May, I did not accompany him in Dr. Ellis's carriage—it was so arranged, but I was too late, and we went down by the omnibus—I had sera Dr. Ellis before, on that day—he was called in to see my husband, by his own desire—he knew him, and was on friendly terms with him—he had an attack of jaundice about six weeks before, when he was attended by Mr. Water worth—that was at Eastcheap—he appeared quite recovered from that—when he went down on the Friday he was not complaining of anything but the rheumatic pains—I myself had known Dr. Ellis in London several yean before that, as a lace-seller—we got to Sudbrook-park between five and six o'clock—I remained there till about eight—I saw nothing done to my husband whilst I remained—he was taken to the bed-room to undergo the bath, As I was told—I was called away, and saw nothing done to him—I did not see a j bath in the bed-room that night—I left him there—I did not see him again that evening—I saw him again on the Sunday—I got there at four or five o'clock, and remained about two hours, or a little longer—he was sitting on the bed, sitting up at the foot, and was very poorly and low—he had not any clothes on—he was covered over with blankets—he told me he bad wet bandages I round him—he did not appear to be so well as on the Friday—there was a bath I brought into the room while I was there—I left the room, in order that be
might have the bath—it was a long oval balh—there were some pails of cold water pot into it, and some out of the can—I asked the bath-man if it was warm—I did not notice whether it was warm or cold—two waters were mixed in the bath—I saw my husband some little time after, when I took leave of him for the night—he then appeared very low-spirited—I came up to London, and went down again on the following day (Monday)—I got there about' four o'clock—my husband was in the same room, and sitting up, as before, at the, foot of the bed, with the blankets around him—in consequence of a complaint he made about his legs, I put my band on them, and rubbed them—they were' quite cold—he said they were perfectly useless—no one else was in the roomt during that time—after that I had some tea in his room—Dr. Ellis came in before the tea—he ordered it, and I told him abbot the state of his legs, and he' theaput a wet cloth on his stomach—it was a large towel, I suppose, folded thick—I saw him wet it in the wash-hand basin—the water he put Into the' basin was from the washing-jug—he only had Iris night-shirt on—the weif doth was applied to the skin—Dr. Ellis asked him if he dreaded it—he said, "No"—the doctor gave as a reason for putting it on, that he was afraid of inflammation—we then had tea—my husband bad none—he said he was not allowed tea—after tea the doctor desired me to leave the room, as he was going to have another bath—I was away about half an hour—when I returned he appeared to be very bad—he was lying down in bed—I noticed that he was changing colour in the face—I noticed this to Dr. Ellis, and he said he would turn as yellow as gold—I noticed the dark appearances more partcularly under the eyes and lips, and his breath was very bad—it was so very short—I asked Dr. Ellis what he thought of the shortness of breath and change of colour—he said they were not desirable—I then left my husband for the night—when I kissed him his lips were quite cold—before I left the house I had a message from Dr. Ellis to meet him in the grounds, as be wanted to speak to me—I went to him—he said, if I was not satisfied on the morrow, when I had his letter, would I like to have him removed, or would I. like to have further advice—I said I should wait anxiously for the letter then—it had been arranged that he was to write by the first post next morning—the next day I heard of his death—my husband had said perhaps the hydropathic system might cure him, and he should like to try it—I do not know that he had ever tried anything of the kind before.
Cross-examined by MR. COCKBURN. Q. He had interested himself about other cases I believe? A. Yes, and had sent one person to this establishment—on the 29th he was much better, a great deal, than he had been on the 28th.
Q. Just recollect yourself (reading a letter) "on that day was he not quite prostrate with rheumatism, as helpless at a child, and unable to walk?" A. The day before he was—on the Thursday—this letter it mine—I have dated on the 29th, but it must have been on the Thursday that he was so bad, because on Friday he was so much better—I sent for Dr. Ellis on Friday morning—he had been much better that morning—I wrote my letter to Dr. Ellis the same morning that he was fetched—my husband had been as I represented the day before—I wrote according as my husband desired me—Dr. Ellis came ob the Friday morning, and it was arranged my husband should go to Sackville-street to meet Dr. Ellis, and then to go straight to Sudbrook-park—he was not to be further examined at Sack ville-street—the doctor was gone when he got there, and we went down in the omnibus—he was suffering a good deal when he got down, and had great difficulty in walking—the coach drove to the door of the house—he was supported in, and was wheeled in a chair from the sitting-room into the bed-room—Dr. Ellis was not there when we
got there—I saw my husband next on Sunday afternoon—he then told me that the pain had left him—he was extremely weak—he told me that he was much better that morning, and had been walking in the grounds with the assistance of Dr. Ellis—I got there again on the Monday afternoon, about four o'clock—he was sitting up—he then complained that his legs were cold, and quite useless—I felt them, and they were very cold—I mentioned that to Dr. Ellis when he came in—the wet cloths were applied to the lower part of his stomach—I remained in the room about half an hour before I left him—my husband told me that evening that Dr. Ellis had been kindness itself to him, if he had been his own brother he could not have shown him more kindness—I do not know that he had written to Dr. Ellis to get him employment in his profession as an accountant—I know he was to go down to audit the accounts of the establishment, and he did go down for that purpose on one occasion—on the Monday evening when I returned to the room, after an absence of half an hour, I noticed that he was not in a perspiration—there was no appearance of perapiration that evening—I first noticed the shortness of breath the same evening, after he was laid down—Dr. Ellis put it to me as his wish if I was not perfectly satisfied with the treatment, I would consider the propriety of removing my husband, or calling in further advice—he wished it should take place—Mr. Waterworth had been my husband's medical attendant for several years—he is in partnership with a gentleman of the name of Hicks, who made the post mortem examination—on one attended on Dr. Ellis's behalf.
Q. Do you know that Dr. Ellis gave up the lace trade, went abroad, and studied in one or two German universities, and in our own hospitals for several years before he commenced practice as a medical practitioner? A. I know he went abroad because he was ill—I know nothing further—my wish to have the body opened was in consequence of a conversation with Mr. Waterworth—I saw my husband have a little sago—I did not see tapioca—I have no complaint to make as to a want of liberality in the establishment.
CHARLES WATERWORTH . I am a surgeon, in partnership with Mr. Hick, and live in the New Kent-road. The late Mr. Dresser was a patient of mine—I had known him six or seven years—I have attended him as his medical adviser during the whole time he was in town—he had a severe attack of rheumatism about four years ago for which I attended him—it yielded to the ordinary treatment—in March last, I was called to attend him for a pain around the back, jaundice—I considered that resulted from a deranged action of the bowels—he had a cold—he was perfectly well in a few days—it was very slight—with the exception I have mentioned, we considered him of good health, although he was not a robust man, and had a very feeble heart, a languid circulation—I saw him in April—I do not think I saw him in May—I did not see him when he last complained of rheumatic pains—there was a post mortem examination after his death by Mr. Hicks and myself—the liver was very well—we examined the chest first in consequence of the appearance of his countenance—there was blood exhuding from the lungs—they were in what we considered a very gorged state, very full of blood—the heart was large—the walls of the heart were thin, and that also was gorged—I think the state of congestion of the lungs and heart was quite sufficient to account for his death, that congestion would be accompanied by coldness ol the surface of the body, and shortness of breath terminating in death—the liver was very well, very healthy—there was no derangement of structure or actual disease in the heart or liver—my attention had been called to this diagnosis—some of the symptoms correspond with it in one or two particulars—the enlargement and extension—(looking at it)—I see here only one,
that of tympanitis—I am not aware of any other—tympanitis means a flatulent state of the bowels—there was no appearance whatever of hepatitis, or of suppuration of the liver or viscera.
Q. Would the presence of those circumstances stated in the paper, supposing them to have existed during life, be sufficiently indicated, to be judged of accurately by a person of competent skill in the medical profession? A. I think sometimes it might be, but not generally—I confess it may be difficult, but I think it might be judged of—I think it very difficult to ascertain suppuration of the liver, without a post mortem examination—tympanitis of course could be judged of by distension of the bowels—hepatitis could not be ascertained from examination, except from the symptoms—I mean there may be fever with hepatitis—I think it might be told and judged of in the living subject.
Q. Assuming that diagnosis was accurate, that there was hepatitis, suppuration taking place, extending itself to the viscera as stated there, would the external application of wet cloths, and frequent bathing, be in your judgment a proper course of treatment? A. Certainly not—a patient of his constitution, of feeble circulation, would unquestionably be more apt to become the subject of congestion by external applications of that kind, than persons of a more vigorous frame—I think I should be able to judge of that by the pulse—with a person of his constitution, I should certainly have objected to the application of a cloth dipped in water—to my mind, from the appearances I found, I should certainly say death was accelerated by the treatment described, at four o'clock on the Monday—or, at least that state of lungs and heart which I found, and to which I attribute the death.
Cross-examined by MR. COCKBURN. Q. I think this post-mortem examination was conducted by yourself and partner? A. It was—no one else was present except one of our assistants—it took place on the Wednesday or Thursday, I am not quite sure which, at eight o'clock in the morning—I think on the Thursday—I do not think it was on the same day as the body was brought—it was brought on Tuesday—I have no note of what I observed—I have not dated my examination—I took it in writing, but have not seen it since, whether my partner has it I do not know—we did not each make a separate note—I wrote until I was called away, and I believe he continued it—I do not know whether notice of this post mortem examination was given to Dr. Ellis—I did not hear his name mentioned with respect to it—I made the examination in the belief that the result of it would have the effect of contradicting the diagnosis he had adduced; but allow me to say, I did not see the diagnosis until we had determined to make the post-mortem examination—we determined on making the examination on the evening prior to it—I cannot tell whether it was Wednesday or Thursday, and then I taw the diagnosis—I certainly made it with the belief the result would be to show the inaccuracy of the diagnosis—if it had been suggested that somebody should be present on behalf of Dr. Ellis, I should not have objected to it, but 1 did not think of it—I think there was no congestion of the liver—I will undertake to say there was none, as far as I could judge—I was called away; my partner, in a very hasty manner, called my attention to the kidneys—I said, "I see nothing here particular; however, you prosecute it, I must go"—some one was waiting for me, therefore I did not give the kidneys a fair and proper examination—I consider that the liver was very healthy—I think I never saw one more so—I saw nothing wrong about it—there certainly was no congestion about it—taking the subsequent death with the appearances I found upon the post-mortem examination; I attribute the acceleration of death to the application of wet cloths—I should
think such application injurious to any part when the circulation was to feeble, and the heart so feeble, and the extremities so cold, as I understand they were—I ascribe the coldness of the legs, and the other symptoms which Mrs. Dresser has spoken of, to loss of blood from congestion inwardly—they were deprived of blood internally—I think congestion was going on, which accounts for the symptoms which Mrs. Dresser states she saw on Monday evening—medical men are very often mistaken in these matters—I am frequently mistaken—it is impossible from mere observation of the symptoms, without a post-mortem examination, to ascertain beyond doubt the real nature of the disease.
Q. Therefore you would hardly say that a man is to be judged, with reference to his competence as to medical skill, or as to criminality if death should take place, you would be far from stating that he is to be judged, without a post-mortem examination 1 A. We find a man may mistake a minor complaint, certainly—he is to form a judgment of the disease; but, speaking criminally, we all probably apply in ignorance, therefore may come under the term of criminality, for applying what we suppose to be a remedy, and is afterwards proved to be injurious—I, in my judgment, think that the congestion which led to the death may have been accelerated by the application of wet bandages—I should say, having known him and his constitution seven years, it would have been very improper, at any time, to have applied water to the surface of his body—I was his medical attendant, and certainly had the advantage over one attending him for the first time—he was what we consider a healthy man, but I cannot say he had nothing the matter with him, because he had a feeble circulation, depending upon what we considered to be a feeble heart, but he had not disease—he might have gone on for very many years, perfectly well—I thought him a healthy man, but I think a medical man, judging from his pulse, at any time, even from the first illness, would see that he had a feeble circulation, and consequently that he must be careful in his mode of treatment—a good deal would depend on the temperature of the water applied—it would make a considerable difference whether the moisture was allowed to evaporate or not, and the length of time the application was continued is to be taken into consideration—there was congestion generally throughout the lungs, and the heart was considerably congested—the blood was in the cavity of the heart—I myself examined the heart, lungs, liver, viscera, and spleen, and then we were going on to the kidneys—I saw a part of the kidneys, but not enough to give a fair opinion—no examination was made of the brain or spine—the head was not opened—we do riot always open the brain—probably, had I not examined the lungs, I might have been induced to look at the head, I do not know that I should—I saw quite sufficient to satisfy my own mind, and therefore did not prosecute it further—I believe a congested state of the brain might produce some congestion of the lungs—had such a state of the brain possibly existed, it might have produced the appearances about the lungs and heart, but from the in formation I had it could not have been the case.
MR. HUDDLESTONE. Q. Would a temperature of eighty-five degrees be proper to apply to a body of his description? A. No—I think it would be too cold, and casculated, generally, to produce the appearance which I saw is the lungs and liver, and with the symptoms that I have heard mentioned by Mrs. Dresser, I should think then very considerably so—I think that a bath at eighty-five degrees upon the constitution of the deceased would necessarily drive or propel the blood from the surface of the body to the internal organs, that is the lungs—I saw no trace whatever of any disease of the brain which would produce congestion of the pulmonary organs—I should say that the brain was not diseased, even without examining it—I think I could judge
of that fairly—if there had been a disease of the brain, producing congestion of the pulmonary organs, I think I should not have been able to trace the connection.
MR. COCKBURN. Q. Have you not stated that you prefer the application of quite cold water to water at eighty-five? A. I believe I may have said that this would have been the impression on my mind, if I was asked, of the two, which I would chose, a dash of cold water on the body, and dried immediately, or the continual application of water at a higher temperature, I think I may have said that I would prefer the former, and that would be the impression on joy mind now.
JAMES HICKS . I am a surgeon, in partnership with Mr. Waterworth. I had not attended Mr. Dresser professionally myself—I made tht post-mortem examination—I believe it was on the Thursday after the death—Mr. Waterworth was with me part of the time, but was called away before I had completed the whole examination—the body looked externally like a man that had been drowned, immersed in water, from bjs bloated countenance, and the bloody serum issuing from his mouth and hose—there was also a great deal of congestion throughout the whole of bis trunk—there was a great deal of congestion over the whole trunk posteriorally, which, might perhaps be the effect of gravitation—I proceeded to make an internal examination, and found the lungs and heart enormously congested or gorged with blood—ths heart was large and flabby, but otherwise healthy—the liver, I must say myself, was, I thought, a little too much filled with blood, but in other respects perfectly healthy—the kidneys were slightly diseased—I ascribe the death to congestion of the lungs and heart, which might be produced cither from exexposure to cold, or cold applications of water, which would propel the blood from the surface of the body into the internal organs—I have been present while the evidence has been given, and have read the diagnosis—the symptoms described in that do not agree with the opinion I formed from the post-mortem examination—I know of very few instances of suppuration of the liver—I should not think the application of cold water, or water at eighty-five, a proper course to adopt for a person suffering from suppuration of the liver—I should believe the system under such a state, would not have power to produce reaction; it would tend to lower him too much—I should not think the application of cold water, or water at eighty-five, would be a proper treatment for a person suffering from the symptoms described in that diagnosis—I should not adopt it myself—I believe it is wrong, and it is considered so by the profession generally, nor was it proper in the state I discovered on the post-mortem examination.
Cross-examined by MR. COCKBURN. Q. How long have you been in partnership with Mr. Waterworth? A. About two years and a half—that was my first commencement of business on my own account—I bad been an assistant for several years previously—I had the entire care of a large Union practice in Hampshire, for several years, as assistant to a gentleman who was surgeon there—there is rarely a week passes but I am in the habit of attending post-mortem examinations, for, although I am in practice, I am still an Attendant at the hospital, and it is there I attend them at times, and find I profitably employ my time in so doing—I consider there were quite sufficient traces of congestion in the liver for me to see it—it was healthy, but congested—I believe that that state of congestion might have been the result of even a few hours, it was of so slight a nature—I believe the weather was particularly sultry at the time of the examination—the removal of the body from Sudbrook to London, and the hot weather, would no doubt accelerate decomposition a little—the vessels lose their tone after death, and become relaxed—the blood has a certain specific gravity.
Q. Does it not, by the force of gravitation, descend as far as it can, from the relaxed state of the vessels, and concentrate itself around the internal organs? A. At the lower parts of the body, but not particularly to the internal organs—it goes to the lowest part it can get to, to the part nearest the surface of the ground—the lungs occupy the whole cavity of the chest, and lie as much anteriorally as posteriorally—the body was on its back—the congestion could not have been produced by gravitation, and I can hardly think it could be increased—I believe the lungs were so fully congested, that I doubt whether the congestion could be increased by the effect of motion—there was no decomposition, not sufficient to give rise to anything of that sort—if you examine a body next day, there is a slight degree of putrefaction—there was not sufficient in this case to give rise to any disorganization; I think, not sufficient to give rise to any descent from the lungs—I think there was not sufficient putrefaction to have caused congestion through gravitation—I do not think congestion tends to increase decomposition, and with that a relaxed state of the vessels—we did not examine the head or brain, because we thought we had found sufficient cause of death—the body looked as if it had been drowned—I connect that with the fact of congestion—the face wai bloated; I do not think that was the result of incipient decomposition—I will say it was not—the frothy appearance is all to be connected with the congested state of the lungs—there is always a certain quantity of air left in the lungs, which, acting on the fluids, where they exist, would tend to cause an oozing out after death—that is not the case with every man.
Q. What fluids are you speaking of? A. Blood—the lungs were so gorged with blood that it oozed into the tubes, as you may say, the air tubes of the lungs, even after death—it is impossible so to gorge the lungs but what you can get a certain quantity of air in, but air is a very different thing from blood—some part of the kidney was so diseased, that there was not enough of it to perform its functions—it prevented the secretion—that was certainly caleulated to produce very serious disease—it interferes with the blood, and I should think would generally disorder the whole system, but the amount of disease here was not sufficient for that—there was sufficient disease of the kidney here to interfere with the due exercise of its functions—a man may go on with such a state of kidneys for many years—I believe there are means of ascertaining that the kidneys are diseased long prior to death—we of course cannot ascertain the amount of disease before we see them, but can ascertain that they are considerably diseased—I think there was not sufficient disease in this man's kidneys to interfere very seriously with his general state of health—I believe they would secrete the urine properly—I have frequently examined bodies where persons have had a greater amount of disease of the kidneys, and yet not have suffered during life—there was no doubt here sufficient indication of disease—my partner did not want to see it, as he was called away on urgent business—I found it just as he was leaving, and called his attention to it—I do not think he said he could see no trace of disease, but that I might prosecute the inquiry if I liked—had I seen the individual with cold extremities, and the difficult breathing which has been spoken of, I should have thought him suffering, if not from congestion, at least from a great tendency to it—I think there may be other derangements which would lead to those symptoms—I know there are several—from other symptoms taken in connection with those two that have been named, I should have imagined that he was suffering from congestion of the lungs.
Q. If you had happened to know that just before, the bowels were in a very disordered state, that it was necessary to have recourse to artificial means for their relief, would all those things together have induced you to doubt? A.
No, they would irot, certainly—had I seen an individual suffering as described by the widow, 1 should have considered he was suffering from congestion of the lungs, I mean the difficulty of breathing, the dark countenance, and the cold extremities—the darkness of countenance was connected with the congestion, by preventing the due circulation of the blood—there are diseases of the brain which cause congestion of the lungs.
JOHN MAYNARD . I am an attendant at Dr. Ellis's hydropathic establishment, at Petersham—I have been employed there about six months—I am bather, and apply water to the patients—it is a large establishment—I have certain rooms assigned to me, and attend to the parties who occupy them——there is only one other male servant—I recollect Mr. Dresser coming there about four, five, or six o'clock—I did not see Mrs. Dresser, I first taw him in No. 3 bed-room, in the cottage, which is part of the establishment—I did not see him brought there—I found him in No. 2, and Dr. Ellis with him, at seven or eight o'clock—I do not recollect anybody else being with him—he was in bed and Dr. Ellis speaking to him—Dr. Ellis gave me no directions at all that night, nor said anything at all to me about Mr. Dresser's state of health—I was sent for that night and Dr. Ellis said something to me—I do not remember the words, nor what it alluded to—I did not take anything into the room on Friday night—I saw Mr. Dresser twice that night I believe, I did not see anything done to him—he was in bed on both occasions—Dr. Ellis was with him—nothing was applied to him on Friday night in my presence—on the Saturday morning he had a bath between seven and eight o'clock, to the best of my knowledge—that was the first thing that was done to him to my knowledge—the bath was carried into the room, he was put into it, Dr. Ellis was there—the temperature of the bath was eighty-five degrees—he staid in ninety seconds—after he was taken out he was rubbed dry with a sheet, and put into bed again to the best of my knowledge—I do not recollect whether it was between the sheets or blankets—there were no fomentations or applications of cold water, or bandages, at that time—Dr. Ellis was there during the whole time he was taking his bath, and assisted me—nobody else was present—I did not see anything else done to him during that day—I took up water three or four times that Saturday, at different times, about three quarts hot and two quarts cold, each time—one was in a jug and one in a pail—I suppose three or four hours intervened between each time—the water which was used I took away—Dr. Ellis was. there on the different occasions—there was no bath in the room—the bath he had on Saturday was taken out of the room that morning by me—there was a common sized bason there—I took up some cloths Dot exceeding two feet long—they were taken up at the time 1 took the water—there were two in the room at a time—I took up about one each time—I do not remember taking them away—I did not see them after they were done with—I suppose they were hung on the horse to dry, several hung there—I cannot say whether they were dry or wet—I do not know whether he had ft bath on Saturday evening, as I was not there all the evening—he had one on Sunday morning at seven or eight o'clock—he had only one on Sunday, that was at eighty-five degrees, and he was in it ninety seconds—Dr. Ellis told roe to make the temperature eighty-five degrees—I know of nothing else being done to him on Sunday—I took up water as on Saturday, at intervals of two or three hours—the same sort of water and towels—Dr. Ellis did not tell me what he had done to him on the Sunday—I know he could walk on the Sunday, as he walked with me—he did not walk on Saturday—he was covered with two or three blankets on the Saturday 4od Sunday in the bed-room—I
swear that on the Saturday and Sunday he was in bed with two or three blankets over him, laying in the ordinary way in bed—on the Monday he had a bath about the same time—I did not take up water or towels on the Monday at any time—there was a person named Rogers, who assisted me—he is here—he assisted me in giving him the bath—I attended on the Monday and Rogen did when I was not there.
Cross-examined by MR. PRENDERGAST. Q. Do I understand that Rogeri always attended the bath when you did not? A. No, only on that occasion, because the other bathman was ill, when I was obliged to be away—on Saturday when Mr. Dresser was taken out of the bath he was rubbed down with towels—he did not appear so comfortable as I have seen him—I rubbed him down after the bath on Sunday, with the sheet—he said it had relieved him, and done him a great deal of good, and after that bath he walked about with me in much better health, and expressed himself several times on Sunday as being greatly benefit ted by Dr. Ellis—he appeared in better health—I was with him when he had a bath on Monday morning—I did not perceive that he was better after that—I did not perceive any difference—he still expressed himself satisfied on the Monday—he asked me several times for a bath during the day, because he got relief from it—I was attending other patients on the Monday night—I have no knowledge of Mr. Dresser having a bath on the Monday evening—I believe I was out of the room an hour or an hour and a half on Monday evening—I left the room at five o'clock—I had no opportunity of judging whether any bath was taken into the room at that time or not—I believe not, as my pails were not used by anybody but myself—I had them with me—I do not know how any other person could do it without my pails—they belonged to me personally—there is a certain division of the establishment and a portion of the pails under my care—I attend to those rooms—one or two pails go through all the rooms, but they are under my care, and were not used by anybody but myself—they were not used on the Monday night only for the other patients, by me—Rogers does not put patients into the bath by himself—he is "boots" in the establishment—he had officiated for the other bath-man while he was in bed—Mr. Dresser occasionally took food—I carried him tapioca, bread, butter, and milk—he did not breakfast in the room with the other patients on Saturday—he did on the Sunday, and seemed much better in the morning—his bowels were confined from the time he came till the Monday morning—I took some castor oil into the room on Sunday, I belief*—the bandage is called a heating bandage, that is, a towel about two and a half yards long, or three yards—the dry part is placed over the wet to produce heat—here is the bottle that I carried with the castor oil—I do not know whether the heating bandage was applied—I believe it is applied to open the bowels—Dr. Ellis sat up with him on the Monday night all night, to the best of my knowledge, and the night before as well—he appeared anxious to do all he could for him, and Mr. Dresser at all times expressed himself quite satisfied and thankful—I do not know whether what Dr. Ellis did was gratuitous—when a wet bandage is applied a dry one is always placed over it.
MR. BODKIN. Q. The heating bandage, one end of it is wetted? A. Yet, it is generally cold water—we wet one end and apply it to the body, winding it round so as to get the dry part outward—that is what we call a heating bandage—I never had one on—I left the room at five o'clock on the Monday—I believe Mrs. Dresser was then in the house, not in the room to my knowledge—if there was anything to be done in that room after five o'clock the doctor would have sent for me—I was engaged attending to the duties of the other bathman—Rogers stopped with Mr. Dresser during my absence—what
was done in the room after I left at five o'clock I do not know—I returned to the room about half-past six o'clock that nigbt—I do not remember teeing Mrs. Dresser in the room—I saw her in the house—I did not perceive any difference in Mr. Dresser at half-past six o'clock—Dr. Ellis had not sat up with him on the Friday or Saturday—I did on Saturday night—Dr. Ellis sat up on Sunday because I had to go to bed, not that he was worse that I know of—there were four or five male patients in the house at this time, and tome ladies—I do not exactly know the number—there is only one pair of pails to each bathman—mine were not used—I had got them with me—one of the bsthraaids had got the other bathman's pails—they were on the premises.
MR. PRENDERGAST. Q. Did Mr. Dresser pass his urine during that time in the usual way? A. No, very little at a time without assistance—I observed that over and over again.
HIKRY ROGERS . I am "boots" at this establishment. There are two bathmen—I took up water for a bath for Mr. Dresser on the Monday morning—that was the first time I interfered, except that I sat up with him on Sunday night—Dr. Ellis slept in the adjoining room—he did not altogether sit up, but came into the room occasionally—Mr. Dresser was pat into a bath at five o'clock on Monday morning—I do not know the temperature—I do not understand that—there was some warm water in it—I do not know how long he was in it—I rubbed him all the time he was in the bath by the doctor's order—I should not like to say about how long it was—. I pay no attention to anything but what I am ordered to do—of course he was there more than one minute or one moment—I should not like to say about five minutes—I am still employed in the establishment—I assisted at another bath for him at half-past eight o'clock that morning, and rubbed him on that occasion—I do not recollect how long he was in it—we were so busy—there was a deal of work to do, and such confusion—after he was taken out of the bath he was put into the blankets on the bed, in a lying posture, and covered with them—I cannot recollect whether any bandages were put on him—I do not know whether he remained in blankets from five o'clock till the second bath at half-put eight—I was not present—I found him at half-past eight in blankets as I bsd left him at five—when he came out of the bath at half-past eight he was pat into blankets again—I saw Mrs. Dresser there that day—I saw Mr. Dresser again somewhere in the after part of the day, just alter dinner, which is about three o'clock—he then appeared very poorly—he was still wrapped in blankets—Dr. Ellis was with him, and ordered me to rub his feet with my hands—they were rather cold, not particularly, but rather cold—I was in the room ten minutes or a quarter of an boor—nothing else was done to him—I left Maynard, the bathman, with him—I did not see Mr. Dresser again till half-paat nine, when I was called in to remain up with him during the night—Mrs. Dresser had then gone—Dr. Ellis was in the adjoining room, but not so much as the night before, as he was more with Mr. Dresser than on the Sunday nigbt—I remained with him till half-past three in the morning—he was pretty comfortable—I think now and then he complained of a little pain in his left side—he was in bed in a lying posture—he had some tapioca once or twice—I gave him no medicine—when I left, at half-past three o'clock, Dr. Ellis was in the adjoining room—I left another person called Charles witb him, who was in the house—he was the door porter—his duties are to answer; the bell and introduce visitors—I saw no more of Mr. Dresser till about half-past ten—he was then dead.
Cross-examined by MR. COCKBURN. Q. Charles is an elderly man I believe? A. Yes—he had nothing to do with the treatment of the patients—he
never interferes—he is not capable of anything of the kind—I had nothing to do with any bath on Monday evening—there is no bath kept in the room—it is the duty of the bathmen to rub the patients in the bath, and rub them dry afterwards—the other bathman's name is Gibbons—he was ill on the Monday—Charles never does anything of the kind—I did it in consequence of Gibbons's illness—I had nothing to do with taking any bath into the room on Monday evening.
Q. Are you sure you are not mistaken about the five o'clock bath, was not that on the Sunday morning? A. I am persuaded it was on Monday—there was none on Sunday—I did not attend him on Sunday—the doctor wai not there the whole time of the bath—he just went outside the door and came in again in a minute, and had him taken out of the bath—I assisted at two baths—the first was with the doctor, and the second with the bathroan—that was on the Monday—the bathman generally carries a watch with him at the time he gives the baths—whether he had it then or not I do not know—I am perfectly ignorant of the water treatment.
CHARLES FINDLEY . I am porter at the establishment at Sudbrook-park. I have been there altogether about eighteen months—I remember the Monday, the day before Mr. Dresser died—I was in his room on the Monday morning from half-past three o'clock till five, when Dr. Ellis came in—I did not return after that—I saw no more of him—I did not give him anything—he seemed to be in a very comfortable way.
Cross-examined by MR. COCKBURN. Q. You do not interfere with the treatment at all? A. I do not.
(Evidence for the Defence,)
JOSHUA WALKER, ESQ . I reside at Park-place gardens, and was formerly a member of Parliament—I have known Dr. Ellis about six months—I should say he is a person of care, skill, and humanity—I was under his care a short time, and have every reason to speak favourably and well of what occurred—I should say, great care was one of his peculiar "fortes," and with regard to his humanity, from what I heard other patients say, (I had no occasion to test his humanity myself,) it was very great indeed, and most perfectly satisfactory—he always appeared extremely attentive—particularly so.
VISCOUNT DRUMLANRIG . Lady Drumlanrig was under the care of Dr. Ellis for some time—she met with the greatest attention from him, and always expressed herself perfectly satisfied with what she saw—I have heard he bean the character of a prudent man—I was perfectly satisfied with his treatment of Lady Drumlanrig.
MR. HENRY DESBOROUGH . I am secretary of the Atlas Insurance-office—I have known Dr. Ellis more than twelve months—I should say a year and a half—I should say he is a gentleman of care, skill, and judgment—I say so from having a sister-in-law and daughter under his care.
MR. COOTBY. 1 have been under Dr. Ellis's treatment, (not at this establishment, but previously,) and have every reason, from my own personal experience, to have the most thorough confidence in his skill, care, and in the success of his treatment.
ELIZABETH BELL . I have been under the care of Dr. Ellis, and consider him a careful, skilful, and prudent man—I met with great attention from him, and was perfectly satisfied with the attention I received.
MR. WALLDUCK. I live in Warwick-street, Gray's-Inn—I have known Dr. Ellis about twelve weeks—I was five weeks in his establishment—I have reason to speak well of Dr. Ellis's kindness and attention, and also of the hydropathic system.
NOT GUILTY .
NEW COURT.—Saturday, June 20th, 1846.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 15.— Confined Three Months.
GUILTY. Aged 13.— Judgment Respited.
GUILTY .— Confined One Year.
GUILTY . Aged 17.— Confined Six Months.
GUILTY . Aged 29.— Confined One Year.
1297. STEPHEN RAYMOND, HENRY ROBERTS , and WILLIAM ALLEN were indicted for stealing 1 teakettle, value 3s.; the goods of Henry Pearce; and ELIZABETH SUTTON for feloniously receiving the same, well knowing it to have been stolen; to which
RAYMOND pleaded GUILTY . Aged 12.
ROBERTS pleaded GUILTY . Aged 9.
ALLEN pleaded GUILTY . Aged 12.
Confined Six Days.
ANN PEARCE. I am the wife of Henry Pearce, of Stepney. On the 2nd of May, I saw these three boys about our place—I afterwards missed a copper teakettle—this is it.
SARAH ROBERTS . The prisoner Roberts is my son—in consequence of what he told me, I went to Sutton's, in Brook-street—I saw Mr. Sutton and his daughter—Mrs. Sutton's back was towards me—I said, I came for the kettle, that Allen left there for and Mr. Sutton brought it to me.
WILLIAM DAVISON DAY (police-constable K 74.) I took Raymond and Allen—I went with them to Sutton's house—I asked her for the copper teakettle she had bought of Allen for 1s.—she said, she had not bought one—her daughter in the back room said, "Mother, that kettle was fetched away last night."
SUTTON— NOT GUILTY .
saw the prisoner that day carrying it away on his shoulder—he had got about 300 yards off—I asked him where he was going with it—he said, to put a plate in it—this is the spring—it is Mr. James Duke's—I do not know the prisoner.
Cross-examined by MR. PAYNE. Q. Do not you know that he had been dealing with your master several times? A. I know from Mr. Duke that he had had dealings with him—he had left the hind wheel of a van at my masters that day—it was only fit to break up—he said he was sure if Mr. Duke was at home, he would not give him in charge—he had been drinking—this spring had been lying on the pavement at the doorway—I told him to take it back to where he got it—he said, "O, no! it is all right."
ROWLAND SWAN (police-constable G 96.) Clark gave the prisoner in charge for stealing the spring—he had the spring on his shoulder—I took him to Mr. Duke's—he was not at home—he said if Mr. Duke was at home he would not give him in charge.
JAMES BRANNAN (police-sergeant G 20.) I produce a certificate of the prisoner's former conviction at this court—(read—Convicted on the 13th of June, 1842, and confined nine months)—the prisoner is the person.
(The prisoner received a good character.)
GUILTY . Aged 40.— Confined One Year.
FRANCIS BANNISTER . I am a carman—my mother, Sarah Bannister, lives at Poplar, and lets out trucks—she missed a truck about the 4th of March—I have seen the wheels of it here—I will swear they are the wheels of my mother's truck—one of them has a red spoke, and a red felly—I have no doubt about them, one is brown the other black—they are two odd wheels.
Prisoner. Q. Do you know the dimension of the wheels? A. Yes I do—I know them and the body of the truck too—I found that in the back lane.
Prisoner's Defence. I was coming down the back road about two hundred yards from Mr. Ives'; I saw this truck broken down; I asked the man whether he wanted it mended; he said no, he would sell it for a few shillings, and I paid it; I went to Mr. Ives and stated what I had bought; he lent me one of his trucks to fetch it, and I sold it to him the same day, the 17th of March; I have the bill of it
GUILTY . Aged 30.— Confined One Year.
WILLIAM MAUNDER . I am a baker—the prisoner was in my service—it was his duty to receive money for me, which he was to pay me the same day—I never received of him the 8s. 9d.—I received only 17s. 6d. of the 1l. 3s. 4d., and 11s. 8d. of the 17s. 6d.
Prisoner. I paid the 8s. 9d. to my master. Witness. No he did not I am sure.
Prisoner's Defence. I paid him all but 6s. 3d. of the 1l. 3s. 4d. t and I paid him 4s. 7d. of the 17s. 6d.; I did not pay the rest because I had not got it; I spent the money in a public-house, with three more boys.
GUILTY . Aged 17.— Confined Six Daps.
(The prosecutor engaged to take him back into his service.)
THOMAS MORRIS . I live in Providence-place, Aldgate—I had a pair of boots in my pocket on the 20th of May, when I went into the Horse and Leaping-bar, to take some refreshment, and when I came out they were missing—these are them—I can swear to every inch of them—I cut them out.
EDWARD WIGLBY (police-constable H 141.) At half-past two o'clock, on the morning of the 20th of May, I saw the prisoners come out of the Hone and Leaping-bar—Sheen had something under her shawl—they tan through Church-court and into a coffee-shop—I went in and asked Sheen what she had under her shawl, she said, "Nothing"—I looked and saw these boots between them—Sheen had hold of. them with her left hand, and Ward with his right, and he was going to put them into hit pocket
Ward. I was coming out of the Horse and Leaping-bar, and picked them up.
WARD— GUILTY . Aged 19.— Confined One Year.
SHEEN— GUILTY . Aged 30.— Confined Six Months.
GUILTY . Aged 36.— Confined Three Months.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
BENJAMIN LEWIS . I have one partner—we live at No. 38, Gutter-lane, Cheapside—the prisoner was in our service as a traveller—he was discharged on the 18th of Feb.—I had not missed anything myself when he was discharged, but I understood there had been some cambric missed on the 14th of Feb.—I did not know that when I discharged him—I keep a selling-boot:, in which entries are made of the sales of stock—on missing the cambric, the stock was taken all over again—I think that was on the day after the prisoner left—it was taken by Hayter and Atkinson—a list was given to me of what was missing, amounting to 49l. 17s.—I afterwards caused George
Hayter, in consequence of something I heard from him, to purchase some cambric of the prisoner, who I understood had then become a partner with Mr. Murray, as commission agents, in Paternoster-row—the cambric was sent to us by Mr. Hayter, who had been in our employ, but was then in business—on the stock-taking at the end of Dec. we had two pieces of demi'-French cambric, No. 8286, and marked 46 in selling characters—it is the custom in France, I understand, to divide the cambric into demi's before they are sent to this country—sometimes the pieces run longer than two demi's, and then the remnant is torn off, and the piece divided—I examined the cambric brought to me by Hayter, and the remaining cambric in my stock—I compared a piece of cambric I had, No. 8286, with a piece found in possession of the prisoner—in my judgment they had been one piece—I made a comparison between the remaining stock of our cambric handkerchiefs and some handkerchiefs purchased by Hayter, and brought to me—to the best of my belief, they had once been one—this is the demi'-cambric I had, No. 8286, and this is the cambric I got from the prisoner—they are manufactured in a length of from fifteen to sixteen yards and a half, and after cutting off the odd measure, they are then torn in half and called demi's, and the handkerchiefs the same—I saw the prisoner—I think it was on the 28th of May—ft wu after I had called in the assistance of Forrester—the prisoner came to our counting-house—he said, "This is a very unpleasant affair about the cambrics"—I said I was ready to hear anything he had to say—he said that be bought them of a man named St. Croix, a little Frenchman, with a tuft on his chin, introduced to him by Mr. Bissori, of Jersey—I requested Mr. Leary to take down in writing what the prisoner said—Mr. Leary was in the counting-house—there was merely a glass between him and the prisoner—the door was open, but whether the prisoner saw Mr. Leary or not, I do not know—I think the prisoner said that the bargain for these goods was made at Kennan's hotel, or the transaction took place there—he said he bad an invoice of them, and he thought he could find it—he said it was made out in pencil, in French—I think he described it about the size of bis hand—he said if I would walk over to his place, he would endeavour to show me the invoice, or a copy of it in a book—I went over with him to his warehouse—I think he looked in his desk first of all for the invoice—he said he could not find it—he opened a book, and showed me the invoice in the book—I looked at it—it did not satisfy my mind—I came out—I went back again in about twenty minutes, with Mr. Leary—I did not find the prisoner there—I came out and met him at the corner of St. Paul's-churchyard—I went back with him to his warehouse—I asked him if he would show me the receipt for the money—he looked for the receipt, and could not lay his hand upon it—he said he had paid Mr. St. Croix 36l. odd, less ten per cent.—or whether the ten per cent, left the 36l. odd, I do not know—I cannot identify the other goods Mr. Hayter bought of the prisoner, with the certainty that I can these before me—I never knew a person named St. Croix.
Cross-examined by MR. BALLANTINE. Q. Is this the book the prisoner produced to you? A. I could not say positively—here is an entry of St. Croix here—I should not like to say it was the same entry—it is a similar book—I do not know whether it is the same—when the book was produced young Bisson was about the warehouse—the book I saw ended with No. 357, and this book does the same—I must own I have some little doubt whether it is the same—I do not think it looks like the writing—there were entries before and behind the entry when I saw it there—I think there was an erasure—I believe the prisoner said that he gave 36l. odd for the cambrics when he was in our counting-house, but at his warehouse I cannot say
whether he mentioned the sum of 36l., or only pointed to the book—Mr. James is my partner—I am not aware that he is here—he takes a part in the business—I do not think I ever saw him sell, unless it was to a private friend—we sell different articles to private friends—we should make no difference in selling to them and to another person—we had nine or ten persons in our employ from Jan. to Feb. the 18th, when the prisoner left—they had equal access to our stock—I do not think any of them had been dismissed——the prisoner came in Sept.—he was to have three months' notice previous to leaving—I paid him to the 1st of March—the time would have been up on the 11th of March—when we took stock on the 1st of Jan. we had 16,000l. or 17,000l. stock—we had the prisoner from Mr. Chippendale, at Manchester—when he left us I heard he was looking out for a situation—a card was one day shown to me—I was asked if I knew that firm, and I smiled—I suppose that was shortly after he commenced business, but it was so small a thing I did not notice—my suspicions were excited about three days after the prisoner left, and I had a doubt of his honesty.
Q. Did you, at least three or four weeks after ho left you, give him a most excellent character for honesty? A. I do not remember giving him any character—I wrote a friendly letter to Mr. Bisson—I do not think it was anything about character—I mentioned in it that Sharpe had left us on the most friendly terms—I did not at that time know that he was going to start in business—I think he had not commenced business then—Edward Hayter brought me this particular piece of cambric, by which I am able to identify this other demi'—from the commencement to the conclusion I depended on him—he has been several years in our employ—I never had any suspicion of him in my life—I believe he is a most honest young man—there was another person who helped to take stock—George Hayter is carrying on business on good terms with us—I requested him to purchase these goods, that I might have an opportunity of examining them—I suspected they were stolen, and employed him to get them from the prisoner—I should think it was about the 26th of Feb. I called in the assistance of Forrester—I saw Mr. Bisson, in Jersey, on the Thursday before the prisoner was brought up—I did not tell him that the prisoner had been robbing me—I was very distant in what I said—Mr. Bisson came to London, I think, on the Wednesday following, and on that day I took him to my house in the evening—I said to him, "You had better not be going to Kennan's to be plagued by Sharpe's friends"—I thought Sharpe's friends would endeavour to prevent him from coming forward—I believe Mr. Bisson to be a respectable man.
Q. Did you recommend him strongly not to dine with Sharpe, and say he might be poisoned? A. I said I had heard of such a thing as opium or laudanum being put in drink—he said, "I will take care of that, I will drink nothing but bottled stout"—I believe 1 said if he took that he had better draw it himself, or see it drawn—I thought the prisoner might drug him—I have heard of such things—not poison him, but make him stupid on the day of examination—on the second examination he dined with the prisoner—on the Wednesday of the first examination he went to my house—there has been a difference in the duty on cambric lately—I cannot say on what day it came into operation, but it is since Jan. last—it might make a little difference in the price of cambrics—I believe I had this piece, No. 8286, in my stock since 1844.
MR. BODKIN. Q. On the day of examination did Mr. Bisson appear with his head clear, and not muddled? A. I do not know—he was sober—he was examined—I heard him state that he dined with Mr. Sharpe—Mr. Bisson
had been a customer of mine since Sept.—I had before this offered him the usual civility due to a customer, and taken him to my house—I went to Jersey, and saw Mr. Bisson there—he said that he offered some cambrics to Mr. Nash at Cooper's—I asked him, first of all, if he introduced any Frenchman to Sharpe the last time he was in town—he said, "No"—I asked if he introduced him to any person named St. Croix—he said, "No"—I asked if he were present when Sharpe bought any cambrics, when he was last in town—he said, "No"—I parted with the prisoner good friends—we shook hands—I made some communication about him after he left—I think that was after my suspicions had been excited.
GEORGE HAYTER . I was formerly in the prosecutor's employ, I now carry on business of my own at No. 49, Bow-lane. In consequence of a request made to me by the prosecutor, I became a purchaser of these goods of the prisoner—I saw the prisoner on the subject on the 22nd of May, at his own places—he said these were some samples left for him to sell, by Mr. St. Croix—that they were twenty or thirty per cent, under the regular prices—I said if they were so cheap as that, I thought I could sell them for him if be would allow roe to have samples of them—on looking at them they appeared to me to be cheap, and it was arranged that I was to call the next day for samples—I went next day, and received fourteen pieces of cambric and handkerchief together—he said Mr. Murray had made arrangements with Mr. St. Croix, from whom they expected to get an assignment of French waistcoating—I asked for the invoice—he said his card which he gave me was sufficient—he had given me a card with the memorandum of them—he asked me to whom I should sell—I said to the retail trade—he asked me if I could sell them for cash—I told him all my transactions were cash at the end of a month, at two and a-half per cent.—I took the cambrics to my own warehouse, and left them, and I went to Mr. Lewis—the prisoner came there, and beckoned me out—I found he had a person with him—we all three went to my warehouse, and the person with the prisoner bought one of the pieces—I then told the prisoner I did not think the goods were so cheap as he had represented, and in consequence of that he lowered the price of some of them from 50s. to 48s., and from 55s. to 52s.—he said if I could sell them for cash he would make a further deduction of five per cent.—on the 29th of May the prisoner came to my warehouse—he said it was an unpleasant business we bad got into—I said it was all right as far as I was concerned, I could show where I bought them—He said O yes, he could clear me, and show where he got them—he said he had bought them of a person he met at Kennan's, and previous to buying them, he had samples sent to Mr. Tilly's, in Friday-street—I said it was a different statement to what he had said before—he said it was unfortunate it was different—I believe that was all that passed.
Cross-examined. Q. Did you have a communication from one of the prosecutor's young men? A. Yes, from my brother Edward—I was in Mr. Lewis's employ during the same period with the prisoner—he knew me perfectly well—he was not likely to forget me—he knew that I bad been in Mr. Lewis's employ, and that my brother was there still—he showed me these cambrics at once—in point of fact they were lying openly exposed in hi« warehouse, any one that went in might see them—he did not know the number of my warehouse, and his coming to Mr. Lewis was to inquire the number—I saw the wrappers of the cambrics—they were the same as the j wrappers at Mr. Lewis's—they were in the same wrappers when I first saw them as when I sent them to Mr. Lewis—when the prisoner came to me on the 29th he appeared a little agitated—he is married and has five children,
I believe—he has just started in business, in partnership with another gentleman.
EDWARD HAYTER . I am warehouseman to the prosecutors. I missed some goods out of the stock in Feb. last—I made an examination, and missed four pieces of French cambric, and some cambric handkerchiefs—I have looked at these goods—they correspond with what I missed—I was present with the prisoner and Mr. Aylett on the day Forrester came—the prisoner said he bought them of a little Frenchman, and he could give the invoice—he said, "What is the matter about the handkerchiefs?"—I said I hoped he coald make matters all right.
Cross-examined. Q. Where are the two pieces produced from Mr. Lewis's? A. This is one piece of cambric from our stock—I did not bring it here—it came from our warehouse from the cambric box—I took it out myself—the box is at the further end of the warehouse, in the back part—the cambrics are in boxes on the two bottom shelves—I presume the cambrics that are said to have been stolen must have been taken from the same box—I cannot say that they were taken from that identical box—there was a piece missing from the stock—I should think there are from eight to twelve boxes with cambrics and demi handkerchiefs—Mr. Atkinson was pre-tent when 1 was taking that part of the stock—I made a note in a book of what was right, from the calling over of Atkinson—we called them over a second time, I looking at the goods and he calling them over—I have been four years, last Feb., in the prosecutor's employ—I have had some railway shares allotted to me, but it has not caused me any embarrassment—this piece of cambric was called over—I cannot tell who took it out of the box—it was put into the box again—there is a mark upon it, but not of my making.
MR. BALDWIN. Q. Are these pieces kept in the same box? A. We endeavour to keep them in the same box, but they are not always in the same box—finding it in any box at any time, is no proof that it was there always—I went through the boxes and missed so much cambric, I could not say from which box it was missing—I could say which box it ought to have been in, btit it might have been in another box—they are put Into different boxes according to the different makers.
THOMAS LAMB ATKINSON . I am a warehouseman in the prosecutor's employ. I took stock with Edward Hayter—I took the stock of these boxes of cambrics—I called out the goods, and he wiote it down—I counted the number of pieces, and he took down the number, then I went to the book and called out from that, and he looked at the pieces to see that they wert right—in fact we reversed what we had done before—I sent one piece of 7-8ths cambric to Mr. Robertshaw, in Oxford-street, by his porter—it was No. 1700—I saw it the next (Jay—it was brought by Hubble—I received it from him—I missed that piece the same afternoon—I know the prisoner—I had never seen him do anything with the boxes of cambrics, or to them"—I saw him go to our linen-rack and take Irish linens out and put them back again—I did not think it the duty of the traveller to do that—I do not know whether he was in the warehouse on the 14th of Feb.
Cross-examined. Q. Did you know that he sampled the linens? A. He did not open the papers, which made it appear strange to me—this piece of cambric from our stock comes from the back part of the warehouse.
JAMES AYLETT . I am a traveller in the prosecutor's employ. I remembet the prisoner coming to the prosecutor's about this cambric, on the 28th of May—he said it was a very unpleasant thing about the cambrics, but he came
by them honestly enough, he bought them of a Frenchman with a tuft upon his chin, and Mr. Bisson, of Jersey, was with him when he bought them—no one was present when he said this but me—Edward Haytcr was there a few minutes, and then he left to seek after Mr. Lewis—I have been at the prisoner's warehouse, and saw cambrics there.
Cross-examined. Q. Mr. Bisson's name was mentioned three or four times, was it not? A. No, only once to me—he did not say Mr. Bisson had recommended a person—I believe that was after Forrester had been there—Mr. Lewis was not there—I did not make any memorandum of this—I spoke of it directly afterwards—I have known the prisoner several years—he has been a well-conducted person—he did not mention Kennan's.
COURT to GEORGE HAYTER. Q. He said he had samples sent to Mr. Tilly's, in Friday-street? A. Yes, from a person he had met at Kennan's.
JOHN FORRESTER . I am an officer of the Mansion-house. In consequence of information I went to the prisoner's warehouse—I found him there, and told him I came about some cambric and cambric handkerchiefs, that had been taken from Mr. Lewis's premises, and I understood he had sold them to Mr. Hayter—I asked if he would be kind enough to tell me where he got them from—he said he would give every information—he then stated that he bought them of Mr. St. Croix, introduced to him by a gentleman of the name of Bisson, living at Jersey—I asked if he had a bill of parcels—he said be bad one, but it was written in pencil, and partly in French—he looked about for the bill but could not find it—he then said he thought he should be able to find it, but Mr. Bisson was present when he bought the articles—he said Mr. St. Croix was a Frenchman, and he thought he was agent to some French bouse—he did not tell me where he purchased these things of the Frenchman—I supposed he bought them in his own place—he said Mr. Bisson and the Frenchman were stopping at Mr. Kennan's in Cheapside—he said, "Had 1 not better see Mr. Lewis?"—I said, "That is as you please," and I believe he went there.
Cross-examined. Q. There was no desire on his part to evade the matter? A. No—he mentioned Mr. Bisson's name several times, and seemed to lay great stress on the person being introduced by Mr. Bisson—he said he was willing to come forward to explain the whole matter.
HENRY GILL . I am an officer of the Mansion-house. On the 28th of May I accompanied Forrester to the prisoner's warehouse, in Paternoster row—I took a memorandum of what the prisoner said—he said he purchased the things of Mr. St. Croix, who was a friend of, and introduced to him by, Mr. Bisson; that they were stopping at the time at Mr. Kennan's Hotel, in Crown-court, Cheapside—he said it was about the 14th, or the middle of April—that the invoice was made out in French, and pencil, and Mr. St. Croix said he was agent to a French house, and could supply him with that sort of goods.
CORNELIUS LEARY . I was at Mr. Lewis's warehouse on the 28th of May, when the prisoner called—I took a note of what passed—the substance of it was, that he bought three or four pieces of Cambric and some handkerchiefs of a man named St. Croix, who had been introduced to him by Mr. Bisson; that he believed them to be sample-pieces showing about town; that he had paid St. Croix 36l. for them; that Bisson was present when he bought them, and he believed it to be a straightforward transaction; that St. Croix cut off" the tickets, and put them into his waistcoat pocket, having first entered them in a book.
Cross-examined. Q. What may you be? A. A public accountant—I was
not on this Occasion a private spy—the prisoner saw me—he looked at me—there was a door between me and him, but the door was open—I was not in the room with them—I was beyond the door, certainly,
HENRY NASH . I am one of the firm of Cooper and Co., of St. Paul's-churchyard. I saw these handkerchiefs and cambric at Mr. Lewis's warehouse—they were originally one piece of goods before they were divided—I know Bisson very well—he called on me, and said he had some cambric to dispose of—when they came they appeared to be cambric and handkerchiefs—I did not purchase them; they were out of condition—the papers were torn, the tickets were off, and I did not want them—they were similar goods to these, but I cannot say they are the same—I think that was between the 20th and the 25th of April—I think, about three weeks afterwards, Mr. Lewis sent for me, and then I gave him this information.
Cross-examined. Q. You have known Bisson many years? A. He is a customer of ours—we always considered him a respectable person—the prisoner was in our service nine or ten years—we had at that time a large stock and a very extensive business—we had a very high opinion of the prisoner—he lived with us two separate times—he left us on excellent terms—he locked up our premises at night, and unlocked them in the morning—he was the first there in the morning, and the last at night, for many years—the price of these cambrics was 36l.—the prices were put on a paper—they did not appear to me to be out of the common way.
PHILIP BISSON . I am a tailor and draper, and live at Jersey; I deal in cambric. At the latter end of April I was in London, on my usual journey—I staid at Kennan's Hotel, in Crown-court, Cbeapside—I saw the prisoner frequently at the hotel—there were some French cambrics there in papers—the prisoner asked me to offer them for sale—they were taken to Mr. Nash by the "boots"—I went to Mr. Nash afterwards—the cambrics were returned, and left at the bar for the prisoner—I told him Mr. Nash could not give the prices for them, and the reason—I may know twenty persons of the name of St. Croix—I never introduced a person of that name to the prisoner—I was never present when he bought of a person of the name of St. Croix any cambrics.
Cross-examined. Q. I believe St. Croix is about as common a name in Jersey as Smith or Jones is in England? A. There may be perhaps a hundred persons of the name, of all classes—I do not know of having introduced any person of that name to the prisoner—I have recommended him to several persons in Jersey—I have introduced him to foreigners of whose names I am entirely ignorant—I, in Jersey, recommend persons to several houses in town—it would be known in Jersey that I am in the habit of recommending the prisoner—I ought to be well known in Jersey; I was born there, and have lived there ever since—there would be nothing extraordinary in a dealing between the prisoner and a foreigner for cambrics, at Kennan's—the prisoner told me he had bought the cambrics of a Frenchman, but I do not know whether he mentioned the name of St. Croix—I cannot recollect whether he said it was a person who knew me—I know he bad on different occasions served customers I recommended—I have known the prisoner for ten years—he has had the highest character for honesty—I have goods of his in my possession, to the amount of 600l., and, notwithstanding this charge, I have left them with him—my son is with him.
WILLIAM PAYNE . I am one of the portscs in the prosecutor's employ—I had a communication from Atkinson of the loss of a piece of French cambric on the 14th of Feb.—the prisoner was then in the warehouse.
MR. BALLANTINE called
GEORGE GREEN . I am in the employ of Mr. Tilly, a warehouseman, in Friday-street—I have known the prisoner during the time 1 have been in Mr. Tilly's service—during March and April the prisoner made use of Mr. Tilly's warehouse as his own, till the beginning of April, when be joined with Mr. Murray in Paternoster-row—during that time goods were delivered at Mr. Tilly's for him, till he went to Paternoster-row—I remember the prisoner ami a foreigner being in the warehouse together—a day or two previous to that some cambrics had been brought to Mr. Tilly's for the prisoner—I took the person who came there with the prisoner to be a Frenchman—he was a man of middle stature—he had moustachios and I think an imperial—I heard them bargaining for the French cambrics which had come there a day or two previously—they had come wrapped up in a brown paper parcel, directed to Mr. Sharpe, No. 40, Friday-street—I saw Mr. Sharpe open the parcel in the course of the day, and it contained cambrics—it was in the presence of different persons in the warehouse—I did not see any tickets on them—I did not take particular notice of the conversation between the Frenchman and Mr. Sharpe—it was in broken English, I think—I heard Mr. Sharpe say the goods were too dear—they were bargaining I think about twenty minutes—the Frenchman wrote something—I lent him a pencil, and furnished him with a quarter of a sheet of paper—I saw him write on it—I lent Mr. Sharpe a red pencil—he marked the cambrics with it—I believe money passed between them—I saw money in Mr. Sharpe's hand, and he asked me for 3s.—I had not got it—Mr. Sharpe told the Frenchman that if he had the goods he must allow him ten per cent, discount—the Frenchman then went away—the cambrics remained at Mr. Tilly's—they were on the public counter, and were opened several times—I remember their being taken away when the warehouse was opened in Paternoster-row.
MR. CLARKSON. Q. Were you acquainted with Mr. Sharpe? A. Not till I went to Mr. Tilly's service, on the 6th of March—I only knew Mr. Sharpe personally—I think the cambrics were brought by some man—I cannot say who—I was present—I believe it was soon after 1 went there, which was at nine o'clock in the morning—the man said he brought them for Mr. Sharpe and immediately went out—I do not know the man, to my knowledge—it was not a man with the tuft—he had the appearance of a porter—Mr. Sharpe had a lot of shawls at Mr. Tilly's—there were goods brought there for Mr. Sharpe three'or four times—I think the shawls were the first that came—I cannot say when they came—I do not remember anybody being present but myself when the Frenchman and Mr. Sharpe came—I believe Mr. Tilly and Mr. Sharpe were acquainted.
JAMES TILLY . I am a warehouseman, and live in Friday-street—I have known the prisoner six or seven years—I knew him when he lived at Cooper and Co.'s—he made use of my warehouse in Friday-street occasionally, before he established himself in Paternoster-row—he was at liberty to use my warehouse when he thought proper—I did not notice the parcel that was there for him, but I saw the cambrics—he consulted me on the value of them—I took one piece to Mr. Scales—that was before the Frenchman came—I believe the price of the handkerchiefs was 405. a dozen—some of these goods were there a fortnight or three weeks, and some taken away in a few days—they were in the warehouse on show—one or two parties looked at them—I understood the prisoner bought them of a Frenchman.
(MR. CLARKSON here withdrew from the prosecution.)
NOT GUILTY .
JOHN GOULD . I am a scavenger—the prisoner was in my service. On the 1st of June I sent him with sixty bushels of breeze to deliver it at Mr. Prcock's-fields, at Islington—I saw him afterwards in Hoxton with his cart empty—I asked where he had been—he said to Pocock's—I said I knew he could not have been there for an hour after that—he took bis horse home, and went away.
Cross-examined by MR. DOANE. Q. What is Poeock? A. A brickmaker—I have known the prisoner twelve years.
Cross-examined. Q. Did you go home to dinner? A. Yes—I never left the field after dinner till seven o'clock at night—there was only one other man and me in the field that day—it was Whit-Monday.
GUILTY . Aged 26.— Confined Three. Months.
GUILTY . Aged 19.— Confined Two Months.
HENRY JOSEPH KING (Thamespolice-constable No. 30.) I was on duty in a boat at Shad well on the 21st of May—I saw the prisoner's boat by the side of the Emma—I saw him turn a basket of coals from the barge into the boat—he then took another basket of coals—I took him, and he shoved the basket of coals into the water.
(The prisoner received a good character.)
GUILTY . Aged 59.— Confined Three Months.
WILLIAM OSBORN . I live at Chelmsford in Essex, and am a pig-dealer—I met the prisoner at Rornford on the 22nd of May—I gave him two pigs to take to Mr. Turk in Newgate-market—I have seen them since—they were mine, and what he ought to have taken to Mr. Turk.
WILLIAM CARTER . I live in Bird-cage-walk, Bethnal-green. On the 31st of May the prisoner came to my house with two pigs—I bought one; of them for 1l. 17s. 6d.—I do not know what it weighed—the other was left with me to take care of.
GUILTY . Aged 24.— Confined Six Months.
REBECCA SERLE . I am in the employ of Mr. Binmore—he is the prisoner's master. On the 30th of May I saw the prisoner go to the cupboard, and take out some sugar—he did it up in paper, and put it into his coat pocket.
Prisoner. Q. Was there any partition between you and I? A. Yes, a little partition—it is as high as I am—I was in the front kitchen, and you in the back—there is a glass in the partition—I went and told my master.
JOHN BINMORE . I keep a coffee-house—Searle gave me information, and I went with a policeman to the prisoner—his pockets were searched—some sugar was found in them, and some tea in his hat—the sugar corresponded precisely with what I had—I believe it was the same.
Prisoner. Q. Do you think it possible that Serle could see me in the kitchen, and the door only half open? A. It is quite possible.
Prisoner. There was opportunity for other persons to put the sugar where it was found—I did not know the tea was in my hat.
GUILTY . Aged 22.— Confined Three Months.
REBECCA FENNER . I am the wife of George Fenner. I live at the Angel Inn, at High gate—I was standing at a watch-maker's window on the 5th of June—I had a purse containing the money stated in my pocket—I beard a halfpenny drop—I inquired of a friend whence that came from—I turned round, and saw the prisoner—I looked him full in the face—he went off, and I missed my purse—the policeman afterwards produced it to me—it was mine.
JOHN JAMES PARRY . I am a clerk in the War-office—on the 5th of June I saw the prisoner running across St. James'-park—he threw something over the rails—I pointed out the place, and it was this purse and money.
Prisoner. I was running in the park, and was stopped.
GUILTY . Aged 18.— Confined Three Months.
1310. JAMES BARTLETT and MICHAEL SWEENEY were indicted for stealing 1 coat, value 10s.; 1 handkerchief, 3d.; and 1 bag, 10s.; the goods of Thomas Houghton; and that Bartlett bad been before convicted of felony.
THOMAS HOUGHTON . I am a cow-keeper, and live in Green-street, Ratcliff. As I was coming from White-horse-street to Green-street, on the 31st of May, the prisoners came out of the gateway adjoining my premises between five and six o'clock—Bartlett had a coat under bis arm—I found my coat gone from a chair—I pursued the prisoners—I overtook them standing talking in the Commercial-road—they saw me, and both ran—I followed Bartlett, with the coat—he turned, and dropped it—I still followed him, and when he got to the bottom of London-street he ran into No. 19—I could not swear to Sweeney, but I can to Bartlett—this is my coat.
BARTLETT— GUILTY. Aged 18.—Recommended to mercy — Confined Nine Months.
SWEENEY— NOT GUILTY .
Dean-street, Westminster—on the 14th of May I and the prisoner were drinking—I have known him from a boy—he then went with me to my lodgings—I had a 5l. country bank-note in my hand—I said it was very odd I could not get it changed in London—the prisoner took it, and said he would get it changed in a minute or two—I looked after him and saw him go into a public-house—I looked for ten minutes or a quarter of an hour, and then went after him—I found there was another door on the other side of the public-house, and he was not there—I went out in search of him, but could not find him that night—he was taken the next day.
Prisoner. Q. You charge me with stealing this note? A. Yes—I did not give it you, you took it out of my hand, and said, "I can get it cashed in a minute or two"—I did not tell you to get it cashed—you did not give me three sovereigns—you said you did not know us when you were before the inspector, and would have struck us if you could.
WILLIAM SCAIFE . I was with the prisoner in the prosecutor's room, on the evening of the 14th of May, and the prosecutor produced the 5l. note—the prisoner took it out of his hand, and said, "I will get the note cashed"—we looked and saw him go into the public-house, but he did not come back with the note or the money.
Prisoner. Q. Did he not give me the note? A. No.
Prisoner. Q. What change did you give me? A. 4l. 17s. 6d.—we charged 2s. 6d. for changing it—it was not payable in London—we are bankers and money-changers, and bullion-dealers—we had to send it to Yorkshire to get it changed.
SARAH WOODCOCK . I live in Belvoir-terrace, Vauxball-bridge—the prisoner came to me on the 14th of May, and gave me two sovereigns to change for him—I gave them back to him the next day, and he gave them to me.
(The prisoner received a good character.)
GUILTY . Aged 23.— Confined Six Months.
ELIZABETH WHITPAN . I am the wife of Herman Whitpan, and live in Dorset-street, Spitalfields. I am a warper—the prisoner is my son—I missed two yards of satin from my box on the 5th of May—this is it—I have no doubt about it.
at Clerkenwell—(read—Convicted 14th day of April, 1846, and confined ten days)—he is the person.
GUILTY . Aged 19.— Confined Nine Months.
1313. JULIA COCKLIN was indicted for stealing 1 shirt, value 5l. blanket, 5s.; and 1 table-cloth, 5s.; the goods of Timothy Cairns; and 2 shirts, value 6s.; the goods of Michael Dempsey; and that he had been before convicted of felony.
MARGARET CAIRNS . I am the wife of Timothy Cairns. I had a blanket, shirt, and table-cloth safe on the 12th of June, in the kitchen—my girl called me, and said there was a lady gone out in black, with a bundle—I ran oot and caught the prisoner with these shirts, blanket, and table-cloths—these shifts belong to my lodger, Michael Dempsey—the other things are mine—I never saw her before.
Prisoner, A woman told me she had taken the washing wrong, and asked me to go and fetch them.
GUILTY.—Recommended to mercy. — Confined One Year.
THIRD COURT.—Saturday, June 20th, 1846.
Fourth Jury, before Edward Bullock, Esq.
GEORGE WHITE . I am porter to Mr. Joyce, of Bell-yard, Warwick-lane. On Friday, the 5th of June, at eight o'clock at night, I examined all the windows, locked up the warehouse, and took the keys away with me—I went again on Saturday morning, at half-past four, and found the things all lying about the warehouse—I found one of the counting-house windows open, which had been shut the night before, to the best of my knowledge—the sash was pulled down—it is a window that is very seldom opened.
EDMUND GRAHAM . I am ten years old, and live with my father in Crown-court, Warwick-lane. I have known the prisoner about a month—I knew him well—he used to work at the Bell Inn—I saw him there on Friday, the 5th of June, about eleven o'clock at night—he said he would give me a penny if I would creep under the gate and let him in, because he wanted to go to bed, he was shut out—I had often seen him in the yard—I got under the gate and let him in.
JAMES JOYCE . I keep the wagon-office at the Bell Inn-yard. On Friday, the 5th of June, I had a bale of goods of Lidyard's, to be sent into the country—I saw it safe between seven and eight o'clock—it is the porter's business to lock up the warehouse—on Saturday morning I was sent for by the porter, and saw a great many bales and boxes broken open, and this with the rest—there were a great many things lying about the warehouse—I informed the police—the prisoner had been in my service, and had left two or three weeks.
THOMAS WILLIAM TAYLOR . I am porter to Messrs. Lidyard of Friday-street, warehousemen. I had sent a bale of muslin-de-laine dresses to Mr. Joyce, on Friday—I was sent for to the Bell, and found five dresses deficient—these
are the dresses that were in the bale—(looking at them)—I have no doubt about it—they are the same pattern—there is the stamp of our house, and also our name upon them.
THOMAS GREENHILL . I am assistant to Mr. Greygoose, a pawnbroker of Crawford street. On the morning of the 6th of June, the prisoner came and offered these goods in pledge—I gave him in charge—he never left the shop.
HILL BECK (police-constable D 127.) I received the prisoner in charge—he said he bought them at Aylesbury for 14s., on Wednesday, the 4th; and bad laid on them, on the road, all that night and the night before.
GUILTY of Stealing only. Aged 19.— Transported for Seven Years.
NOT GUILTY .
1316. MARY LANE was indicted for feloniously breaking and entering the dwelling-house of Ann M'Kenzie, and stealing 1 shawl, value 15s.; 1 gown, 6s.; and 1 petticoat, 2s. 6d.; the goods of Robert Armstrong.
HANMAH ARMSTRONG . My husband's name is Robert—he is a shipwright—at this time we lived at No. 2, Ebenezer-place, Commercial-road, is the parish of St. Ann, Limehouse—it was a lodging-house, kept by Mrs. M'Kenzie—we had two rooms to ourselves—there were other lodgers—there was only one door which went into the street—that was kept shut at night—nobody could open it outside—it opens into a passage, which is open to all the people in the house—the other people living in the house could not come bto our rooms unless we liked—on Sunday morning, the 17th of May, about seven o'clock, I went into my sitting-room, and missed a gown, flannel petticoat, and shawl, which I had seen sale about half-past ten o'clock On Saturday night—they were not in drawers, I had just put them off—I gave information—the policeman come to me on the 21st of May, three day after—he afterwards produced this shawl to me, which is my property—I know nothing about the prisoner—the outer door was bolted inside the night before, at eleven o'clock, but one of the lodged west out at seven, and we were not quite certain whether he shut it or not
CATHERINE BEALE . 1 am the wife of Joseph Beale, and search prisoners at the station-house. On the Slat of May I searched the prisoner, and found these three pawnbrokers' tickets, one is for a shawl—I asked if it was her own property—she said, "Yes"—I said, "What colour is the scarf?"—she said, "A black one."
Prisoner. I said I bought the tickets for fourpeace. Witness. Not in my presence.
Prisoner's Defence I bought the tickets at a public-house, of a woman, for fourpence—I sever was iu the pawnbroker's.
MRS. ARMSTRONG re-examined A young man, a lodger, was the first person who went to the door—when I went to the door, at half-past seven o'clock, it was standing open—Ann M'Kensie is the person I lodge with—she is not here—she was in bed when it happened—I eaa swear to the shawl—I have had it six months, and worn it frequently
1317. MARY LANE was again indicted for breaking and entering the jlwelling-house of John Shelbourne, at St. Ann's, Limehouse, and stealing therein 1 necklace, value 1s.; 2 lockets, 2s.; 1 frock, 2s.; and 1 pinafore, 2s. 6d.; his property.
ANN SHELBOURNE . I am thirteen years old, and live with my father and mother, in Lower Rich-street, in Limehouse. On the 11th of May, when I went to bed, at nine o'clock, the window was fastened—nobody slept in the room besides me—when I awoke in the morning the window was half open—I missed my frock, pinafore, pocket, and necklace, which I had put in the pocket the night before—it was a chain and locket—I bad put them over the bedstead, which is near to the window which joins the street—the room is on the ground-floor.
JANE SHELBOURNE . I am the wife of John Shelbourne—the house is my husband's, and is in the parish of St. Ann, Limehouse—we have a lodger. On Tuesday, the 12th of May, between four and five o'clock in the morning, my husband went out—he came back about six—I called my daughter aboat half-past seven, and found the window partly open—it was shut with shutters the night before—that I am quite sure of—on the Saturday before my examination before the Magistrate I saw a chain, with two hearts attached to it, at Mr. Dickec's, a pawnbroker, in Limehouse—it was my daughter's pro* perty, and this is it—(looking at it)—it is called a necklace—the frock was brought to our house by some woman, the same day that it was lost.
ROBERT DICKER . I live with my mother and brother—they are pawnbrokers, in the Commercial-road. I produce a necklace and locket—I believe the prisoner was the person who pledged them—this is the corresponding ticket which I gave her.
Prisoner's Defence. I bought the tickets of a woman for 4d., because she said she was very hungry; I never saw her in my life before.
NOT GUILTY .
ANN MIDOLEY . I am the wife of William Midgley, and lodge in the house of James Ayling, in Park-street, Poplar—it is his dwelling-house. On the 21st of May, about half-past six o'clock in the morning, I was called up by George Ayling, and saw the prisoner in the passage—I was not present when she was taken—the parlour-door was wide open—the beartb-rug was in the policeman's hands—I had left it rolled up behind the parlour door the night before—this is it—(looking at it)—it is my husband's—there is no mark on it—I have had it between two and three months.
GEORGE AYLING . I am a turner, and live in the house—my father is the landlord—he lives in it himself, and lets it out to lodgers—it is in the parish of Poplar. On the morning of the 21st, about six o'clock, I saw my brother go out of the house—I shut the door after him, and left it locked, but a person could get in by pulling a string outside—I went into the kitchen to breakfast—when I had been down stairs five minutes, a neighbour tapped at the kitchen window—I came up, and found the door wide open—I went out, and saw the prisoner run across the road, with the rug under her arm—she was about twenty or thirty yards from the door—she dropped the rug—I: picked it up, and called, "Stop thief!"—she was stopped by a constable.
Prisoner. There were two women running; a woman with a green shawl
dropped it, and you stopped me; you know I am not the guilty party. Witness. I will take my oath you are the person that dropped it—I did not lose sight of you, and there was nobody by.
CHARLOTTE FREEMAN . I live at Park-street-place. On the 21st of May I saw the prisoner on Mr. Ayling's step—I am certain it was her—I saw her gently open the street door with the string, go into the passage, turn the handle of the parlour door and go in—I tapped at the window, and said there was a person in Mr. Midgley's parlour—George Ayling came up stairs, and the prisoner ran out, with the rug under her arm.
Prisoner. I never saw you till I was before the Magistrate. Witness. There was no other woman in the street at the time.
Prisoner's Defence. A woman in a green shawl dropped the rug; I picked it up; the young man called, "Stop thief," and I dropped it."
GUILTY . Aged 80.— Transported for Ten Years.
1319. GEORGE JONES, alias George Wiscox , was indicted for stealing 5 spoons, value 7s. 6d.; 1 mustard-pot, 2l. 10s.; 1 milk-pot, 2l.; and 1 pepper-castor top, 2s. 6d.; the goods of Harriet Dowling, in her dwelling-house, at St. George's, Hanover-square; and that he had been previously convicted of felony.
WILLIAM HBNRY DOWLING . I live with my mother, Harriet Dowling, at Stafford-row, Buckingham-gate—it is her dwelling-house. These articles produced are hers, and are worth 5l.—I saw the mustard-pot on the suppertable, and two of the salt spoons, the salt-cellar, and the mustard-spoon, about eleven o'clock the evening before they were lost—the other things would be placed upon the breakfast table.
BENJAMIN BYRNE (police-constable B 160.) On the 17th of June, about eight o'clock in the morning, I was on duty in Stafford-row, Pimlico, and saw the prisoner on the sill of the parlour window of Mrs. Dowlings house—I saw him step from the sill on to the top of the railing, and then jump on to the stones, and run off—I pursued him—he ran against a milkman, who stopped him—I searched him, and in the side of the skirt of his coat I found this milk-jug, and the top of the pepper-castor—I took him to the station.
Prisoner. Q. If you saw me get out of the window, why not take me? A. I was not near enough to you.
Prisoner's Defence. A young gentleman gave me the mug, and told me to make haste and run away; he ran into Elliot's brewery.
GUILTY .— Transported for Ten Years.
ROBERT MIDDLETON . I am a piano-forte maker, and live in Knowles-street, St. James's. In Jan. last the prisoner was in my employ—he left in May—I did not see him again till I gave him in charge—after he was gone I missed an iron plane and two saws—a philister had been missing a long time before that—I missed a boxing-tap, which is used for making screws, and some gauges—these now produced are them—this boxing-tap ia my property—it has my name stamped on it—I missed it before the prisoner left—thi* gauge belongs to my son—this other gauge belongs to me, and has my namt on it—this philister is mine.
RICHARD GOLDER . I am shopman to Mr. Hale, a pawnbroker, by the Middlesex-hospital—this—philfoter was pledged by the prisoner on the 20th of April, and the gauge on the 22nd of May—I am quite sure he is the person.
GUILTY . * Aged 20.— Confined Twelve Months.
JOHN STIMPSON (police-constable K 50.) On the evening of the 10th at June, I saw George Jones go into a marine store-dealers shop in the Back-road, St. George's, and offer there two hammers and a gimlet for sale—the man refused to buy them—when I came out I met the prisoner about a hundred yards off—in consequence of what Jones told me, I asked the prisoner where he got them from—he said he found them in his master's yard, in the dust.
GEORGE JONES . I live in Angel-gardens, Shadwell, and know the prisoner. On the night of the 10th of June I met him at the top of Angelgardens—he gave me two hammers and a gimblet, told me to sell them, and ask 3d. for them—I went to sell them, but they would not have them.
JAMES WILSON . I am horsekeeper to Edward Newman, dust-contractor—the prisoner worked in his yard—this hammer is Mr. Newman's property—I saw it safe on the 10th of June—I do not know the other hammer or the gimlet—one hammer might have come in with the dust.
JURY. Q. How do you know the hammer? A. Only by the string—it had been on the premises two years—there is no private mark on it—I cannot swear to it—the children might have carried it into the dust-yard—the prisoner had been employed in the dust-yard about twelve months, and a better boy could never be-we would take him back to-morrow.
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
THOMAS WATKINS (police-constable K 310.) On Wednesday, the 17th of June, between twelve and one o'clock, I saw the prisoner go into a marinestore shop at Poplar, and take this copper from between his trowsers and his shirt—there was a rope round his neck—I saw him cutting it—I told him I should take him—he said, "You won't; keep off from me," pointing of knife to me—he struck me at the back of the neck, knocked me down with his fist, and got from me—I jumped up again directly—I did not lose sight
of htm—there is "W. T. & Co." on the copper—I hare been on board the ship Bronti, in the West India Dock, and saw some copper similar lo this with the same mark.
GEORGE PARK . I am mate of the Duke of Bronti, lying in the West India Docks—the prisoner was employed there, stowing the cargo—he left the ship about twelve o'clock on the day this was lost—I had some tiles of copper on the ship, the same as this—the master is John Thomas Barclay—thii was part of the cargo.
Prisoner's Defence. I did not take it out of the ship; another person gave it to me to dispose of; I did not use any violence to the policeman; I tried to get away from him; I was a little in liquor.
GUILTY . Aged 30.— Confined Twelve Months.
SAMUEL JENKINS . I am a basket-maker, and live at King's-place, Walham-green. On Saturday, the 6th of June, I was at work at Mr. Walden's, at Walham-gteen—my wife came to me—I went home, and missed my watch from the mantel piece—Jane Yates described three people to me—I went after them, I should say, two miles—I then got to George-street, Chelsea, and there nr three men who answered the description that had been given me—I stood by, and let them pass, and followed them again—they went by the Thames tide—the prisoners are two of the men, I am sure—the other is not here—I taw Bradley take something from his pocket—they all three went together into a little gravel or sand-hole—Bradley said, "It is all right"—I got a policeman, and went with him—we did not find them in the same hole, but close by—I went up first, stepped into the hole, and saw a watch in Brad-ley's hand, which was my property—I know it, because one of the hands was broken off, and I saw the face—I had had it a number of years—I said, "You have made good haste from Walham-green"—Bradley rushed up—I rushed at him, and held him—the policeman was coming up behind me, bat before he came up, Bradley chucked the watch into the Thames—I saw where it fell, and heard it drop into the water—the policeman took two of themiato custody—I cannot say what became of the other—they were taken to the station—I went afterwards to the Thames bank, and waited till the tide went out—I was there when the watch was picked up—it is here now—this is it—(looking at it)—I know it is mine—there are three G W W's upon the back of it.
Cross-examined by MR. WILD. Q. What time was it your wife came to you? A. Turned one o'clock, to the best of ray knowledge—I went home to get intelligence of them—there was a policeman in the house, but I did not wait any time—I should say the prisoners were not aware of my following them, they did not look around—I did not pretend to be looking at them—there were no other persons by—they did not conceal themselves from me—they did not know me—they saw me—when Bradley said, "It is all right," he was close to me—I was standing by a dead wall.
JANE YATES . I live with my father, in Pump-lane, Walham-green, near to Mr. Jenkins. Between one and two o'clock on the afternoon of the 6th of June I was standing at my father's door, and saw three persons by the church door—the prisoners are two of them—Smith went into Mr. Jenkins's house—in about two minutes I saw him come out again—Bradley was standing at my father's house, twenty yards off. or rather more—the third man was standing
by the church, watching—Smith walked over to the one who is not here, and all three went away together—I saw Mr. Jenkins and told him.
JOHN DAVIS . I live at Evans's-buildings, George-street, Chelsea. On Saturday afternoon I saw the prosecutor and several men searching for a watch in the water at Chelsea—I watched, and picked the watch up—it was face upwards.
JAMES HUBBARD (police-constable B 122.) About three o'clock on Saturday afternoon I went with the prosecutor to the Thames' bank, and saw the prisoners and another, person—the prosecutor went up to them first, and beckoned me—I saw Bradley throw a watch into the Thames—I saw that it was a watch—I took the prisoners to the station—I afterwards went to the Thames' bank, and waited for the tide to go out—Davis found the watch and gave it me—this is it.
(John Allen, bricklayer, of Sloane-street, Chelsea, gave Smith a good character.)
BRADLEY— GUILTY . Aged 88.— Transported for Seven Years.
SMITH— GUILTY . Aged 19.— Transported for Ten Years.
1326. HENRY CLARK was indicted for stealing 1 adze, value 2s.; 1 saw, 2s.; 2 books, 3s.; 1 gimlet, 3d.; 1 mallet, 1d.; 1 plane, 3s.; 1 knife, 6d.; 6 chisels, 3s.; 1 pair of pincers, 8d.; and 6 punches, 1s. 6d.; the goods of Jonathan Parsons; in a vessel in a port of entry and discharge.
(The prosecutor did not appear.)
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
JOHN HINE . I live in Little Wild-street, Lincoln's-inn-fields, and am employed as a private watchman. On the Friday afternoon, the 5th of June, I was opposite to the National Gallery, in Trafalgar-square, and saw the prisoner and two other persons—in consequence of what I observed I followed them to Panton-street, Haymarket—they all three stopped at Messrs. Garrard's, a silversmith's shop—I went into Mr. Brumby's, a bookseller's shop, and asked him to allow me to watch from his window what was going on—while I was looking out of the window, the prisoner came up to the prosecutor's window first—another came up close to him—one of them waited at the corner of Panton-street—I saw the prisoner run something along the glass—I did not see anything in his hand—after that the other held a handkerchief in front, where he had been drawing along the glass—a gentleman's servant came out of the shop—on that the prisoner and his companion walked away—I could not see whether they abstracted anything—I suffered them to go because I thought it had not been perfected, and that they would come back—the gentleman's servant pointed to the glass—I went out of the shop, and found the prisoner in a watering-place, in a court in the Haymarket—I had called the attention of the bookseller to what I saw—I called a policeman, and told him to take the prisoner to the silversmith's shop, on suspicion of felony—he did so—I do not know what became of the other two—I never saw them except at the corner of the street—I lost sight of the prisoner, but not for a minute—I am positive he is the same man—I found the glass had been out—I bad seen it perfect before they came to the window.
Cross-examined by MR. PAYNE. Q. Where are you watchman? A. At St. Giles's workhouse—the road in Panton-street is about twelve yards wide—Messrs. Garrard's window is twelve or fourteen yards, I should think, from the bookseller's window—there was glass in the bookseller's window, and books on the shelves—I got close to the window, and leaned over the books—the gentleman's servant pointed to the window—I did not go to him, because I should have lost the prisoner—I was not looking out for a job—I was out for a walk—I do not watch in the day time—I did not know the prisoner or the others before.
MR. CLARKSON. Q. Was there space enough between the books for you to see through the window? A. Yes.
JOHN BRUMBY . I keep a bookseller's shop at the corner of Panton-street, opposite Mr. Garrard's—On Friday, the 5th of June, Hind asked me to allow him to come into my shop, and called my attention to what he saw—I saw the prisoner at Mr. Garrard's window, and a slim young man with him, who placed a red handkerchief at the corner of a square of glass-the prisoner immediately placed his hand under the handkerchief—I observed a motion of his hand, as if he used a screw-driver or gimlet—a livery servant came out of the shop, and the prisoner and his companion retired from the window for a few minutes, up to the Haymarket-they returned and made a second attack on the property of Mr. Garrard—I went out, and on my return home the prisoner was in custody—I have not a shadow of a doubt touching his identity.
Cross-examined. Q. Had you ever seen him before? A. Certainly not—there are four shelves in my window, wi'h books of all sizes upon them—there was a distance of a few inches between the shelves.
ROBERT ROWE . I am in the service of Messrs. Garrard. On Friday, the 5th of June, at half-past one o'clock, the shop window was all safe, and the spoons were in the window—it is my business to stand on that side of the shop where the window is—I discovered the flaw in the glass about four o'clock—Mr. Garrard's attention had then been called to it—I missed twenty-five apostle spoons—we have uot recovered them—they bad been placed at the corner of the window, close to the spot where the piece was gone.
Cross-examined. Q. How were they lying? A. All of a heap together—I should say you might lift them without making much noise—they were not in paper.
MR. CLARKSON. Q. It would depend upon the expertness with which it was done, whether there was any noise? A. Yes-they were not in a glass-case independent of the window—there was a sliding sash on the shop side—I was not in the shop at two o'clock.
ROBERT GARRARD . I am senior partner in the firm of Garrard and Co., of Panton-street, Haymarket. On Friday afternoon, the 5th of June, about three o'clock, I received information, went outside the shop, and perceived a piece had been taken from the window, and missed twenty-five spoons, value 16l.—persons sleep in my house—it is in the parish of St. Martin's-in-the-fields.
GUILTY . *† Aged 24.— Transported for Ten Years.
vault where I had been working—I went there on Monday morning, and missed two trowels.
THOMAS JAMES . I am a labourer, and live at Felton-terrace, Hoxton. On Sunday morning, the 7th of June, I was in Bristow-street, and saw the prisoners together—they let James down a coal-hole, he being the smallest—none of the others could get down—he put up two trowels from a vault—Firman and another one, named Callahan, who is not here, took them, and then they all went to Spicer's house in Chequers-alley with the trowels in their breasts—they stopped some minutes—I waited close to the door, and saw them come out with 8d.—I do not know what was done in the house—they shut the door—I am not aware that I have said I saw them give the trowels to somebody, and saw somebody give them 8d.—this is my signature—(looking at his deposition—read—"I saw them go to Spicer's, and saw them give him (Spicer) the two trowels, and he gave them 8d. for them")—I do not remember saying that—I did not see them give the trowel to anybody, or tee him give anybody 8d.
Cross-examined by MR. DOANE. Q. You have been in trouble yourself? A. No—I have not been in charge of the police—I was coming from homt, from breakfast—I know they had 8d., because I saw them with it.
JOHN JENKINSON (police-constable.) On Monday afternoon, the 8th of June, the prisoner Purman was given into my custody by Mr. Waghorn—he cried very much, and said, "It is true I was with them, and received 1d. of the money"—I took Spicer on the 8th, at his own house—he lifted up his hands, and said he knew nothing at all about it—I took Jarvis on the 11th—he was in bed—his father said, "Dick, do you know anything about it?"—he said, 'Yes, father, I had 1d. of the money."
Purman's Defence. They gave me a penny not to say anything about it; the witness is a thief himself.
Jarvis's Defence. A boy, like a bricklayer, said he would give me a penny to go down and get the trowels, he was going to take them to his master; because we would not give the witness a penny, he said he would go and tell.
NOT GUILTY .
WILLIAM ANSTEAD (police-constable D 206.) On Tuesday, the 9th of June, about twenty minutes to twelve o'clock, I saw the prisoner and another come out of Bur wood-place, and cross the Edgware-road—I fancied the prisoner had something in the bosom of his apron—I followed them into Brown-street, turned to the left, got near them, and saw the prisoner step into the doorway of a house—the other man walked away—I asked the prisoner what he had got there, and pointed to the bosom of his apron—he did not speak—I put my hand in and pulled out a portion of a wine-strainer and two forks—I asked where he got them from—he did not speak—he took off his hat and showed me the cream-jug, and said, "That is all I have got, I will show you where 1 got them"—he took me to No. 8, Norfolk-crescent—I inquired, and nothing was lost there—he was asked at the station where he got them—he said some man had given them him to carry—I took the articles to the pawnbroker's, and had them valued—they are worth, altogether, 5l. 5s.
Cross-examined by MR. DOANE. Q. Do you know the man you saw him in company with? A. No—I afterwards found that they were taken from No. 11, Norfolk-crescent, and that he was mistaken in three doors.
lives at No. 11, Norfolk-crescent, in the parish of Paddington—I was cleaning the plate on Tuesday—it was all safe at half-past eleven o'clock—I was away half an hour, then came back and missed a silver jug, two forks, and part of a wine-strainer—these are the articles—I do not know the prisoner.
Cross-examined. Q. Has your master any other name? A. No.
GUILTY. Aged 22.—Recommended to mercy by the Jury. — Confined Twelve Months.
HENRY PAYNE . I am day watchman at the East India Docks. On the 18th of June, about a quarter past four o'clock in the evening, I saw the prisoner coming out of the docks with this great coat—he said he bought it in Petticoat-lane—I found a pair of stockings in the pocket, which he knew nothing about.
Cross-examined by MR. PAYNI. Q. You are; in the habit of searching persons? A. We rub the men down—I had not seen him go out several days before—we change our station every day—the men do not come in at the same gate which they go out at—he said before the Magistrate that it was not his coat, but that he had used it from the ship Neptune, where he had been working—I have not known him long—I have seen him passing into the docks—he said he had the rheumatism.
ROBERT HUGHES . I live in Ann-street, Bromley—I had been working on board the Neptune—I put the coat aft in the morning—I was on board another vessel at work, came back, and missed it in the evening—it is my coat
Cross-examined. Q. How long have you known the prisoner? A. About two or three years—he always bore the character of an honest man—the coat was given me by one of the midshipmen of the Neptune, last Friday week—I put it with some old things down between decks, aft—I saw it safe at six o'clock that morning—it might have gone away and come back again, and I not have known it—I know nothing about the stockings—I did not put them in—they are not mine.
NOT GUILTY .
MR. MELLOR conducted the Prosecution.
THOMAS SHENTON . I am a grocer, and live at No. 255, Bethnal-green-road. On the 1st of June, about a quarter before nine o'clock in the evening, I bad a bag, containing from 82lbs. to 84lbs. of coffee, standing at my door, about two feet inside the shop—I missed it in five or eight minutes—this is it—(produced)—I know it by the mark "T. S., 255, Bethnal-green-road"—the policeman and another man brought it to me a quarter of an hoar or twenty minutes after it was lost.
Cross-examined by MR. PAYNE. Q. Who called your attention to the loss of it? A. Bradden.
On the 1st of June, about nine o'clock in the evening, I was in Park-street, by the side of the prosecutor's house, and saw two men pass before me—one of them took the bag, and hoisted it on the other's back—they walked down the street—it was a bag like this, supposing this to be filled£one of the men was rather taller than the prisoner, and one rather shorter.
CHARLES ARCHER . I am a boot-closer, at No. 7, Pott-street, Bethnalgreen. On Monday night, the 1st of June, about nine o'clock, I was at my street door, and saw two men pass—one of them had a bag of this description on his back—the prisoner looks like that man, but I should not like to swear to him unless I was positive—the other man was carrying the hat of the man who was carrying the bag—I was examined before the Magistrate—this is my signature—the depositions were read over to me before I signed them—(read—"I saw two men pass me; one of them had the bag produced on his back; the prisoner is that man; he was without his hat; I am positive the prisoner is the man that had the bag")—no one has applied to me on behalf of the prisoner.
EDWARD HUMMELL (police-constable K 167.) On Monday evening, the 1st of June, about nine o'clock, I was on duty in Darling-row, three or four hundred yards from the prosecutor's house—a man cairie and said there had been a robbery—I went down Darling-row, and just as I asked the man what it was, the prisoner dropped the bag at my feet—I secured him—the man who fetched me is not here—the prisoner was not near enough to hear what he said—I heard him drop the bag, turned round, and stopped him—he said he had not stolen it, that the man who stole it ran away—this is the bag, it was inside a black one.
Cross-examined. Q. Upon your oath, wif! you swear you saw this coffee on the prisoner's back at all? A. I will swear I saw it on the man's back.
Q."Will you swear this is not correct—(reading) "I turned round and asked the man what was the matter, and heard something fall on the ground, and on turning round I saw the bag of coffee lying on the ground, and the prisoner standing close to it? A. That is true—the Collingwood public-house is very near there—Archer was not brought forward before the Magistrate to swear to the prisoner, because Bradden could not—we bad not on the first occasion obtained the evidence of Archer.
MR. MELLOR. Q. When you heard something drop, and saw the bag of coffee on the ground, and the prisoner close by, was any other man near you?
NOT GUILTY .
SILVANUS SUMSHON . I deal in boots and shoes, and live in White-street, Houndsditch. On Tuesday afternoon, the 16th of June, between three and four o'clock, I saw the prisoner walking up and down by my door—I am sure it was him—I missed a pair of boots from the shop—these are them—they are for my own wear.
Prisoner. Q. When did you have them? A. bought them three yean ago of a man whom you know very well, and can bring him forward—they were not cut down—I did not see you cut them down—I said, if you would give them up, I would say nothing about them—you said you would not give them up, because they were your own.
DAVID NICHOLS . I live with my father, who deals in boots and shoes, About ten o'clock on Friday morning the prisoner came to my father's shop, and offered a pair of boots for sale—one of them was cut down—I had teea them at the prosecutor's shop on Monday morning, and they were not cut down—I am sure they were the same boots—in consequence of what I heard, I ran and informed Sumshon—he came back with me, owned the boots, and the prisoner was given into custody.
Prisoner. You kept larking with the boots when I took them; you are all ganged together; if I had given up the boots you would have said no more about them.
Prisoner's Defence. I bought them in Dcptford, and wanted to sell them; the prosecutor said, if I would give them up, he would say nothing about them; I said it was very hard to give up what was my own.
GUILTY . Aged 17.— Confined Three Months.
1333. SAMUEL BROWN was indicted for stealing 6 double Frederick d'ors, value 9l. 12s.; 1 pistole, 16s.; 1 dollar, 4s.; 1 10-cent piece, 5d.; 1 5-cent piece, 2d.; and 1 sovereign, the property of John Petersen, in a vessel in a port of entry and discharge.
JOHN PETERSEN . I am a seaman, belonging to the ship Northumberland, in the St. Catherine's Docks. I joined the ship at New York on the 11th of May—I took on board six gold pieces, of the value of eight dollars each, one four-dollar piece, and one two-dollar piece, all in gold, a silver dollar, an English sovereign, and fifteen cents, American money, in silver—that money does not all pass in America, only the cents—I kept them in a trunk in the forecastle, and the key in my pocket—about an hour after I left New York I found the trunk was broken open, and missed my money—we had not then left the American coast—we were two or three miles from the coast—we had left the New York river, the Hudson—we were not within cannon-shot of the coast—I reported my loss to the first officer—I saw nothing of the money on the voyage—when 1 arrived I gave the prisoner into custody, on suspicion.
CHARLEB ATWOOD . I am chief officer of the Northumberland, About an hour after we left New York, Petersen came to me—in consequence of what he said I looked at his trunk—the catch of the lock had been broken—we were then, properly speaking, in the Hudson river, off Governor's Island—we could see the American coast on each side—I advised Petersen to say nothing about it, because we had a great many friends on board who bad come to see their friends off, and were going off by the steamer, and if I searched one I must search all, and I was confident it was one of his shipmates—I suppose we were four miles from where we weighed anchor—we were in a place where large ships go—all large ships go on that track—the friends went ten miles further—they were on board two hours afterwards—the tide ebbs and flows there—the prisoner left a paper in my hands to take care of for him, soon after we got on board—it is signed by the clerk of the Sailor's Home.
SUTHERLAND MARSHALL . I live at No. 16, Back-church-lane. Last Saturday morning, between eleven and twelve o'clock, I was at the Brown Bear public-house—the prisoner came there—he had some gold in his hand—he was sporting it all about the room—some people said, "That fellow has got a good quantum of money"—some said it was good, others said it was not—"I said, "Young man, what money is this?"—he said, oo Gold doubloons"—he showed them to me—they were about as big as a halfpenny—he let them fall—I picked up two of them and gave them to him—he afterwards asked me if I would go with him to change them—I said I had got to go to work—ha said if I would go he would pay my day's expenses, as he was a stranger here.
SAMUEL RUTTER . I am a goldsmith, and live in Leadenhall-street. On Saturday last the prisoner came to me with Marshall and another man—he offered me three gold double Frederick d'ors—I offered him 32s. each Sot them—he was not satisfied, and took them away—he very shortly returned
and sold me one of them, but having bought several that day I am unable to identify it—I found him in a half-tipsy state, and advised him to leave two of the pieces and the sovereign with me to take care of, giving him a memorandum, which he did—the memorandum was subsequently returned to meI have it in my pocket—I gave them up to him in the evening.
HENRY CHAPMAN (City police-constable, No. 468.) On Saturday afternoon I saw the prisoner in Leadenball-street—he offered me a gold coin, and said, "Get this changed for me"—I took it in my hand, and said, "It is foreign money, I cannot change it for you"—he said it was a half-doubloon—I told him he might get it changed at Mr. Rutter's, at the corner of St. Mary-Axe—I asked him how many he had—he said three—that he had nine in the morning, and they had been knocked out of his hand in a public-house.
MARY DOWLING . I am the wife of Thomas Dowling, who keeps the Crown public-house in Butler's-buildings. The prisoner came in with some gold coins—he was crying, and said he had lost three—I tried to persuade him to leave them with me, but he took them away—I saw five large ones and one about half the size.
ROBERT THORPE (police-constable H 155.) The prisoner was given into my custody on the Monday—he said the money was given to him by a shipmate—I said, "What shipmate?"—he said, "One who came in Mr. Green's ship from China, and his name is William Williams."
WILLIAM HAMILTON . I am a seaman on board the Northumberland, which arrived from America yesterday week—the day before we got to Gravesend the prisoner was making his berth up, and said he had found a ten-cent piece, and in about ten minutes afterwards a five-cent piece.
Prisoner. Q. Did not Lorwood say he had lost some money when became on board the ship? A. No, you said you must have lost some money when you came on board—you bought a jacket and five shirts of a shipmate during the passage, for seventy-five cents, and gave them, with your money, ta a Scotchman to take care of, as you had no chest, only a bag.
Prisoner's Defence. I got the money from William Williams, a shipmate who sailed with me, but I have been in prison, and could not find him.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
GEORGE HOSKINS . I am a pawnbroker, and live at No. 133, Grafton-street, Fitzroy-square. On Wednesday evening, the 20th of May, the prisoner came to my shop with a diamond ring, and asked 3s. for it—I knew it was of great value—he said he had won it at a raffle—I sent to the house where he said he lived—we went to the public-house that evening, and no such thing had been raffled for—while he was waiting, we sent for a policeman, who refused to take him unless we charged him with robbery—we would not do that, and. the prisoner was to come again—he never did come—he was met by an assistant of mine, in the Hampstead-road, and given into custody—I kept the ring.
SARAH ELIZABETH GARDNER . I am widow of Major Gardner—I am on a visit at No. 20, Tavistock-square, and had a ring there, which I had worn on the Sunday, and on Monday some workmen came-the prisoner was one of them—the drawer was locked, but the back of it was removed—this is the ring—it is worth more than 15l.
Prisoner, We moved the drawers from one room to the other, and the
ring dropped out. Witness. It is impossible, it was in a jewellery case in the drawer.
GUILTY of Larceny only.-Recommended to mercy. - Confined Eighteen Months.
1335. JOHN CHAPMAN and the said ROBERT SIMS were indicted for breaking and entering the dwelling-house of Emanuel Moses, at St. Giles without Cripplegate, and stealing therein 1 pair of boots, value 12s. 6d.; and 3 pairs of shoes, 7s. 6d.; his property.
EMANUEL MOSES . I deal in wearing-apparel, &c, and live in Bunhill-row. On Friday morning, May 22nd, about nine o'clock, in consequence of information from the policeman, I went to my shop window, found a square of glass cut out, and missed a pair of boots and three pairs of shoes, which were safe that day.
JOHN RICHARDS . I live at No. 1, Charles-court, High-street, St. Luke's, and was errand-boy to Mr. Garwood, whose shop is opposite to Mr. Moses's. On the 22nd of May, about seven o'clock in the morning, I was at my master's shop, and saw the prisoners and another lad walking up and down on the same side as my master's shop, opposite to Mr. Moses's—at half-past seven the two prisoners went over to Mr. Moses's, and left the other one on the other side—they looked at the window—Chapman went a little way from Sims, took something out of his jacket pocket, and drawed it down the glass, then went across the road, and Sims after him—in a little while they both came back together—Chapman went and stood in the same place—Sims put his hand into the broken square, took something out, and ran across the road to the same place, and Chapman after him—they were both together—I did not see what he took out—I saw no more of them.
Sims. Q. When you saw me take the glass out, why not give me in charge? A. There was nobody in my master's shop, and I was afraid to leave.
FREDERICK POLLAR (policeman.) On Friday morning, the 22nd of May, a little after nine o'clock, I was on duty in Bunbill-row, and saw that a square of glass was taken out of Mr. Moses's shop—I called his attention to the window—in consequence of information, I went after Chapman's brother at his mother's house, and got a piece of glass there, which I tried to Mr. Moses's window—it fitted exactly—I afterwards went to the factory where the prisoners work, and received these shoes and a pair of boots there from the mistress of the house—she is not here—they are Mr. Moses's property—the prisoners were not present, they were in custody.
Sim's Defence. I was playing with Chapman in Bunhill-row—we were running after one another, the policeman came and took us, and saw the pair of shoes, which one boy was going to buy of another, in the factory. (The prisoners received good characters.)
CHAPMAN— GUILTY [See original trial image: Recommended to mercy by the Jury.] . Aged 14.— Confined Four Months.
SIMS— GUILTY [See original trial image: Recommended to mercy by the Jury.] . Aged 16.— Confined Eight Months.
Recommended to mercy by the Jury.
OLD COURT.—Monday, June 22nd, 1846.
Third Jury, before Mr. Recorder,
MR. HORRY conducted the Prosecution.
RANDALL DONOVAN . I am foreman labourer to Ditchburn and Mayor, of Blackwall. On the 8th of June, about half-past nine at night, I met the prisoner at the entrance of White Hart-place—he said, "You b—y in—I son of a b—h"—I said nothing to him—he came close to me—I put my hand to him and shoved him away, and said, "Be off from me"—I did so again, then went into my own house and sat down-there was a knock at the door in four or five minutes—my wife answered it—I heard him say to my wife, "Open the door, I want to see that b—y son of a b—b"—when I heard that, I went out—the prisoner came up close to the door, with his hand right clenched—I said to my wife, "Go in, he has a knife in his hand"—he was within six feet of me—I cannot swear I saw the knife, but thought so by the manner he held his fist—he was within six feet, and must have heard me say he had a knife—he came up close to the door—I shoved him from me—he came up to me again violently—I did the same again, to defend myself—I put out my hand—he laid hold of me-we both tussled and went to the ground together, and before we could get off the ground, I got a stab, and after that was senseless, and do not know what happened—I was in the act of getting off the ground at the time I received the blow—it was done with a sharp instrument—the prisoner gave me that blow—there was nobody but him near me—when I came to myself I was in doors, in my own house.
Cross-examined by MR. BALLANTINE. Q. Did you know the prisoner before? A. Yes, he had been in the same employ as me he has several times threatened, in the street that he would have my b—y life—I had never done anything to him, or gave him any cause of quarrel—I have no idea why he should be angry with me—I had not discharged him—he left the work of hw own will—I was surprised at his treating mo so—I never asked what had offended him—I never use bad language—I swear I never abused him—my hand was open when I shoved him awary—I did it with the palm of my hand, perhaps not very gently—I did it twice—I did not fall with my forehead on the curb-stone, I am certain.
DONALD ROBERTSON , I am a surgeon, and live in High-street, Poplar, On the 8th of June, about ten o'clock at night, I saw the prosecutor—he was very faint-the left side of his head and face were covered with blood-the back part of his head had an incised wound, penetrating to the bone, laying it bare—on the forehead was another wound an inch and a quarter long, merely dividing the skin—they were incised wounds—a clean cut done with a knife, I should say—they both bled—the one on the back of the head, considerably—they must have been made with a sharp instrument—the falling on the curb could not have done it.
Cross-examined. Q. Are you quite clear about that? A. Quite—I will undertake to say the corner of the curb-stone could not have done it,
JANE DONOVAN . I am the prosecutor's wife—my husband came home about a quarter-past nine o'clock—a few minutes after, the prisoner knocked at the door—I opened it, and asked what he wanted—he used bad expressions, and said he wanted that vagabond of a husband—my husband came out of the kitchen, and asked what he wanted—he gave him great abuse—my husband told me to go in doors for he had a knife in his hand—the prisoner
was within hearing—a scuffle ensued, and they both fell on the ground—he had hold of my husband, who told him to let go several times—they had a second fall—he took hold of the skirt of my gown, and nearly pulled me to the ground, but a female got hold of me—he got hold of my arm after that, and pulled me severely—in pulling my arm from him, I struck my head against the wall, and lost my senses-when I recovered, I saw my husband bleeding, and being led into the house—a woman called out, "The man is stabbed"—I saw the wound in his forehead—I did not see the knife in the prisoner's hand.
SARAH COBURN . I live in White-hart-place, Poplar. On the 8th of June I saw Sullivan—he said to me, "Do you know where Donovan lives"—I showed him the house, and when I came back I saw them both struggling together—they both fell on the ground—I saw a knife in the person's hand, and the blood, but did not see the blow—I cannot swear to the prisoner, but I saw the knife in the hand of the man who was struggling with Donovan.
Cross-examined. Q. Did you hear Donovan call the prisoner names? A. No—they appeared quarrelling—I was close to them, and have no doubt of the knife being in his band.
JOHN HABGOOD (police-constable K 109.) I took the prisoner on the night this happened—he had run into a stranger's house in White-hart-place, and hid himself in a cupboard—I said, "You must come with me"—he said, "I did not cut him with a knife"—I had not mentioned a knife—he said, "he fell on a curb stone, and that was the way his head was cut"—I did not tell him what I took him for, but there were a great many persons round the house talking about it.
GUILTY . Aged 48.— Transported for Fifteen Years.
1337. MAURICE DRISCOLL was indicted for a robbery on Patrick Conner, putting him in fear, and stealing from his person 1 bag, value 1d.; 2 shillings, 2 pence, and 2 half-pence, his property; and immediately before, at the time, and after, feloniously beating, striking, and using other personal violence to him.
PIERCE DRISCOL (police-constable H 24.) On the morning of the 16th of June I found the prosecutor in Blue Anchor-yard—in consequence of what he said to me I went and found the prisoner at the bottom of the yard—I knew him, and asked what he had in his left hand—he said two or three half-pence—I asked him to open it—he said he would see me d—d first—I forced his hand open, and found this bag containing two shillings, 2 penny pieces, and two half-pence—Conner came up, and claimed it.
Cross-examined by MR. O'BRIEN. A. Have you and the prisoner quarrelled? A. No, except when he was drunk I sent him home.
PATRICK CONNER . I have been from Ireland about six weeks, and live in Blue Anchor-yard—the prisoner's sister kept the house. On the night of the 15th of June I walked outside the door, and sat down there talking with the neighbours—the prisoner was at the door, very drunk—his sister told me to go in to bed—I did not go in; and as she told me some time after, I was going, and he being a bed-fellow of mine called me over, and asked if I had some money—I said I had none, but a trifle I should want next morning—I said I had none, and invited him to see that I had none—he felt me down, and I think took it from me—I went to look for my bag, and did not find it, till the officer was behind, and asked me what it was about—he went after him; but I was sure of getting it next morning from him—I was reconciled to his having it—I do not think he intended to steal it, but he was drunk.
searched all his pockets, and that his bag and money were gone—the prisoner was half drunk.
NOT GUILTY .
MR. HAKE conducted the Prosecution,
WILLIAM SMITH . I am a labourer, and live in Cock-alley, East Smithfield. On the 12th of June, about ten o'clock at night, I was in a shop at the corner of Cock-alley, and heard screams—that was five or six doors from the Phœnix public-house—I rushed out of the shop, and saw a few people round the door of the Phœnix—the prisoners we're there—I had no sooner got up, than Monsco drew a knife out, and plunged it into my arm-they then both ran away together—they were pursued, and taken by a policeman—the prisoners might be a couple of yards from each other when I was stabbed.
Cross-examined by MR. DOANE. Q. Did not yofi seei a great many more people in the Phœnix? A. There might be a dozen—I heard some females had called for help, but I did not see the disturbance—I do not know that there was a woman there at all—I was a perfect stranger to Monsco—I had no sooner run up, than I was stabbed—I came up suddenly—we never spoke to each other—I am not mistaken as to Monsco being the person—I swear positively he is the man—I saw the knife in his hand—he made a dash at me with it instantly—I was sober—he was a little tipsy—I cannot say whether Parocco had anything in his hand.
DAVID KEATING . I am waiter at the Phœnix. I was standing at the door of the house about ten o'clock, and saw the prisoners and two girls—they were kicking up a row—Parocco struck one of the girls—she screamed—I laughed at Parocco—he immediately came up and struck me with his fist—I told him to go away, 1 could not understand his language—he drew off a bit, then drew a knife from the waistband of his trowsers, and rushed towards me—I put up my arm to keep him off, but with the force of his coming, he gave me a cut on the knuckle, and slightly fractured my thumb—if I had not put up my hand I should have got it in my chest—he struck at me with his arm extended, and I parrie off the blow, so he cut my knuckle—he was running towards me at the time with a knife, when I thrust my hand out, and cut my knuckle—he ran away—I heard a hallooing as I ran after him—I looked, and saw Monsco having hold of Smith—they had moved on a bit.
Cross-examined. Q. You received the first blow, and Parocco got away? A. Yes, it was after I pursued him, that I saw Monsco in contact with Smith—I do not carry a knife.
Parocco (through an interpreter.) I did not strike the girl; there were two girls outside quarrelling; I went to part them; he struck me in the eye, and asked me what business I had to interfere; he took me by the neckcloth, and nearly choked me; Smith came up, put his hand into my waistcoat-pocket, and took 3s. from it; several people came beating and shoving me; we had no knife at all; I could not cut him without cutting his clothes. Witness. I did not strike him at all, or collar him.
WILLIAM SMITH re-examined. I have not the same dress on now—it was cut, and I had not a bit of my shirt left—here is my wound to be seen now—after I was struck, Monsco ran some distance—I caught him—he then caught hold of my shirt, and ripped it all to pieces.
Monsco. He tore all my shirt and jacket off; another person took a knife out of his pocket, and cut off my neck-handkerchief; and in the scuffle that knife must have wounded him; it was thrown away; there were four persons holding me. Witness. I deny it; I am certain be drew the knife himself I do not carry a knife.
GEORGE BURLS . I am a cigar-maker, and lire in Sun-court, East Smithfield. I was coming out of the Phœnix-Keeting was at the door—the prisoners were standing having a row with two women at the door—I do not know what about—Keeting laughed at them—Parocco came and struck him, and put out a knife—Keeting told him to go on, but he could not understand-Parocco took the knife, made a thrust at him, and ran away—I ran him—he made a stab at me, but I got out of the way, and the policeman came up.
CHARLES BUTLER (police-constable H 21.) About half-past ten o'clock I heard screams in Upper East Smitbfield, and proceeded to the place—there was a cry of, "Stop him!"—I saw both the prisoners running to get from the mob, who were pursuing—Burls eanae up and collared Parocco—I saw Monsco stop, but could not get to him—Parocco said, "Me cut him! no me had no knife," and drawing his finger towards his throat, said, "Do this first"—Monsco denied having a knife, and he had a new short pipe in his hand—they had been charged with cutting a man before they said this.
Cross-examined. Q. Did not the prisoners appear to have been ill-treated? A. Their clothes were torn off their backs, their shirt sleeves all in ribbands—they said the parties wanted to rounce them, and they tried to get away—there were a great many people there—I did not see anything of the women—I did not see any bruises on Monsoc.
MR. HAKE. Q. Do you recollect who asked you to take charge of them? A. Smith charged Parocco, and Keeting Monsco—Smith and Keeting appeared to have been drinking—the prisoners were sober—this knife was picked up opposite to where the prisoners were stopped—a boy gave it to me.
JOHN BARRETT . I live in Sun-court. A little after half-past ten o'clock on this night, I picked up a knife on the carriage-road opposite Butler's-buildings, about ten minutes' walk from the Phœnix, and gave it to the policeman—a few bovs were standing near the spot—I had not seen the prisoners, and do not know whether they had been near the spot—it was shut when I found it.
Cross-examined. Q. The crowd bad moved away? A. Yes.
JOHN ROBERT HOLMAN . I am house-surgeon at the London Hospital. On the 13th of June I examined the arm of Smith, and found a superficial incised wound, about an inch long—this knife might have made it—it is a clasp-knife, and has no stop to it—I examined Keating's hand—the second joint of the thumb was fractured, and there was an abrasion of the skin, but not a cut—I think it most likely he was struck with a solid instrument—the handle of the knife, or a stick.
Cross-examined. Q. Would not his striking a violent blow, fracture his thumb? A. Not unless it came in contact with some hard substance—it was an actual fracture—the skin appeared grazed—it might be done by the thumb being driven down over the prisoner's coat-button, or anything.
MR. DOANE called
gave him 3l., he would not go before the Magistrate, but my brother would not give a farthing.
WILLIAM SMITH re-examined. This man came to me, and said, "Young man, we will give you money if you will let it drop"—I said, "No, I come here for satisfaction," and yesterday he said he was very sorry he had called the prisoner his brother—he was sorry he had not a big knife, or he would take our b—y heads off.
LOUISA LAVIER . I live in Gardener's-court, East Smithfield, and am an unfortunate girl. I am the person who brought the prisoners up to take a girl away from a quarrel—two men were beating her—one of the young women struck Parocco twice—he pushed her twice, and she fell over a stool at the door—several men then began beating the prisoners—they directly ran away, calling for assistance—they were followed up closely—I followed them in the crowd till they were given in charg—I did not see either of them with a knife, nor hear any one complain of being stuck with a knife at the time—I saw Smith and Keating in the crowd—the prisoners were on the ground several times from the blows they received from the English people—I screamed several times for assistance.
Q. What did the crowd fall on the prisoners for? A. Because they pushed the girl, as she struck one of the Greeks.
MONSCO— GUILTY of a common Assault.—Recommended to mercy.
Confined Six Weeks.
PAROCCO— NOT GUILTY .
(The same evidence was given as in the former case; the surgeon adding to his evidence, that Keeting's injury might have been inflicted by the boil of the pipe, being in the prisoner's hand, striking against his thumb.)
NOT GUILTY .
1340. WILLIAM MUNFIELD was indicted for feloniously assaulting Elizabeth Pullen, and that he did feloniously cast and throw her from and out of a certain window, and feloniously cause her a certain bodily injury dangerous to life, with intent to murder her.
MARGARET M'PULLEN . I live at No. 3, Pear Tree-street, Westminster, and am an unfortunate girl. On the 5th of May, at eight o'clock in the evening, I heard a female scream in the next room to mine—I went to the door, and saw the prisoner in the room, with a piece of iron in his hand, which is used as a poker—he had hold of a female by the hair of her head—I believe her name is Bulling—I saw him strike her with the poker on the back of her head—her head and face bled very much—she called for a policeman as load as she could.
THOMAS CARTER . I live in the same house. I heard a noise a few minutes before eight o'clock, and heard a window break—I saw a woman fall from the upper window—she passed my window in falling from the window of the floor above mine, into the yard, on the water-butt—I looked out, and saw her lying on her back—I went down—her clothes were in a dreadful state of blood, and she was insensible—I thought she was dead—I lifted her up, and saw the prisoner looking out of the window from which she fell—I asked what he did it for—he said she ought to have behaved herself, and he would not have done it—I and two men took her to the hospital.
Prisoner. I never looked out of window; I mined her out of the room: I met a party coming up stairs, who knocked me senseless.
ROBERT WHITE (policeman.) I took the prisoner in charge about a quarter past eight o'clock—he had been drinking, but knew what he was doing—I found him in the room, sitting on the side of the bed, with a knife in his hand—he swore the first man that came near him he would run him through—I struck him over the hand with my truncheon, knocked the knife out of his hand, and with the assistance of another constable and a man we secured him—I picked up a brick at the bottom of the yard, with blood and hair on it, and there was a deal of blood in the yard.
Prisoner. Q. I had no knife; what did the party who sent you to take me, tell you? A. That you had thrown a woman out of window—you told me to mind myself, for you had a knife.
SARAH GREEN . I lived with Thomas Carter, as his wife. A little after eight o'clock at night, on the 5th of May, I was in bed in the first floor back, room—I heard a screaming from the second floor, and a cry of "Murder!"—I went up stairs, and saw a woman there covered with blood, and the prisoner beating her with his fist—I tried to get her out of the room—he hit me—I left the room, and as I came down stairs I heard him say distinctly, "You b----w----, I will throw you out of window"—I had but a moment of time to get into my own room, before I saw her falling down past my window into the yard, which is paved with bricks—Carter picked her up—she was senseless, and was carried to the hospital—I saw blood come from her nose—I did, not see the back of her head.
ELIZABETH PULLEN . I lived with the prisoner, in the two pair back room. On the 5th of May I found myself in the yard—I had had a dispute with the prisoner before that—nothing had happened to my head only from my fall—I do not know this bit of iron—it is not used as a poker in our room-ours has a turn at the back, and is very short.
Q. How came you in the yard on the back of your head? A. He would aot let me go out at the door—I came home about eight o'clock, and we bad a few words—somebody called me on the stairs—he said I should not go out—I said if I could not go out at the door I would go out at the window—he pulled me away the first time, and would not let me—he went to the cupboard, and I then got out at the window, which was open—I swear I jumped out, because he would not let me go out at the door—that is the truth—I had had a little to drink, or it would not have happened.
Prisoner's Defence. 1 could not keep her back; I stopped her the first time, and set her on the bed, but, while my back was turned at the closet, she jumped out; the cupboard was close against the door; I stood against the door.
ROBERT WHITE re-examined. It is a small back room—the window is twenty-eight feet from the yard—the floor of the room is about two feet six from the window sill—I found the window open—the window which was broken was a lower one, which she struck against in falling—her head was a shocking state next morning—she was unable to go before the Magistrate for three weeks—the surgeon said it would be two months before she could leave the hospital.
GUILTY . Aged 27.— Death recorded.
MR. BALLANTINE conducted the Prosecution.
received an invoice at some malt, which arrived by the train for Trueman and Hanbury, brewers, Brick-lane—200 quarters arrived—there are two sacks to a quarter—I saw it in trucks previous to being delivered into Trueman's vans—it arrived about three o'clock in the morning—the name of Trueman was on the sacks, in red paint—the prisoner was employed by me on the rail way—it was his duty to assist in carrying the sacks to the vans, with other parties—when it was delivered from the trucks there was a sack short, 199 instead of 200—I received information about twelve o'clock, and said to the prisoner, "How came you to take the malt and barley away?"—he said he knew nothing about it—I gave him into custody—I have seen some malt produced, and compared it with that consigned to Trueman, and believe it to be the same—the sack had been changed.
Cross-examined by MR. PAYNE. Q. When did you compare the malt with the invoice? A. Not till it was discharged from the trucks-1 found a sack deficient—I was at home when it arrived.
GEORGE PIKE . I am porter, in the service of the Eastern Counties Railway. On Saturday morning I was assisting in unloading this malt, and saw the prisoner take a sack off the platform, and take it away instead of putting it into Trueman and Co.'s wagon, which was about half loaded—he turned up in an opposite direction towards Bethnal-green-road—when he got to John-street he turned to the right—I saw him with another sack three quarters of an hour after—I followed him, and he went to Mr. Reed's yard, in Graoby-street.
Cross-examined by MR. PAYNE. Q. What time was this? A. About a quarter to twelve o'clock-the sack ought to have been placed in the wagon, which stood opposite our shoot-there were no other wagons there—I was about twenty feet from him when I saw him take it off the platform—he passed the wagon which it ought to have been placed in—I could not go after him as I was on the line—I informed the foreman.
GEORGE COMFORT (police-constable H 105.) I found a quantity of malt in a yard, at Mr. Green's shed, in Granby-street, Bethnal-green, and thret empty sacks-the malt has been produced, and seen by Moore.
Cross-examined. Q. Did Pike point out the yard to you? A. Yes.
GUILTY. Aged 21.—Recommended to mercy. — Confined One Year.
NEW COURT.—Monday, June 22nd, 1846.
Fifth Jury, before Edward Bullock, Esq.
1342. JOHN COOPER was indicted for stealing 6 sovereigns, the monies of Isaac Dowley; and EDWARD DANIELS for feloniously receiving the same, well knowing it to have been stolen, against the statute, &c.; to which COOPER pleaded GUILTY. Aged 11.—Recommended to mercy. - Confined Three Months.
ELIZABETH DOWLEY . I am the wife of Isaac Dowley, of Paul-street, Finsbury-Cooper was our pot-boy—I had about 26l. or 28l. in a box, in a drawer in my bed-room—I counted the money on Tuesday morning, and missed twelve sovereigns—Cooper was given in charge.
Cross-examined by MR. DOANE. Q. Did you lock the box? A. Yes, the key was in it, but it was turned—I always count the money on Tuesday mornings—I always carry it up stairs again when I have counted it—I bad counted twenty sovereigns on the Saturday morning before, but I did not balance the account on that Saturday.
JAMES BRANNAN (police-sergeant G 20.) On Tuesday, the 19th of May, I was called to the prosecutor's, and took Cooper—I went to his mother, and in consequence of what she said I went to Daniels'—I saw him—I told him I had come to take him for receiving 12l. from a little boy at a beer-shop—he said the little boy gave it him to keep—I received from Daniels' mother 5l. 11s. 6d., and she said there was more money in a boot in the next room—I went in the next room with her, and found 4l. 9s. 6d.—I took Daniels to the station—he said he gave two or three boys some money, and he bad paid 1s. for an accordian, and the money was given bun by the little pot-boy—he was crying.
DANIELS— NOT GUILTY .
MR. BODKIN conducted the Prosecution.
JAMES STEPHEN PORTER . I am clerk to Messrs. Hawkins and Co., solicitors-in Feb. last I went by desire of my employers to pay 6l. 2s. 4d. for ground-rent, at the office of Messrs. Gregory and Faulkner—I think it was on the 3rd or the 10th of Feb.—I was shown into an office and found the prisoner there alone—I paid him the 6l. 2s. 4d.—I told him what it was for—I took in my hand the notice that had been sent that the ground-rent was due—I paid a 5l. note, and the rest in coin—the prisoner said Mr. Burt, who managed these ground-rents, was not within, but he would take care it should be given him, and the receipt forwarded to me—he wrapped the money up in the notice I gave him, alleging that that would show who it came from—he said he would put it in Mr. Burt's desk—the receipt was not forwarded to me, and in consequence of that I called eight or ten times to inquire the reason—I saw the prisoner on all those occasions, and pressed him about sending the receipt—on one of those occasions he said I need not be alarmed, it should be sent on the Monday—after I had been a number of times, I went again in consequence of a threatening letter which had been sent, demanding the payment of the rent—I then saw Mr. Burt and Mr. Gould.
ROBERT M. BURT . I am rlerk in the office of Mr. John Swarbreck Gregory, and others—the prisoner came into their employ in Jan. last—he never accounted to me for 6l. 2s. 4d., as received for ground-rent, to the estate of Sir Edward Baker—he never told me the receipt bad been called for, or anything of the kind—I knew nothing about it till the 9th of June, when Mr. Porter called—I desired Mr. Gould to speak to the prisoner—I received this letter, which is the prisoner's writing—it was handed to me on the 10th of June—(read)—"My dear Sir, Mr. Gould has spoken to me this morning relative to some demur as to Sir E. Baker's rent, inferring that I have received the same and not paid it to you. Now at present I know nothing of it, having paid you what I received, unless it should have occurred on some morning when you did not return while I was here, (as you. did not always return from the committee at my time of going from the office,) when I must have put the same into my drawer, or in some papers about my desk, as I am rather careless in leaving papers about. I went last night with a friend to see the illuminations, I left with him my pocket-book, and the key of my desk here. I expected to return with him, but as it got late I did not; and as he proposed to go out of town for a day or two, I shall not be able to see him before Saturday, and to obtain my key. I propose not to have the drawer opened until Saturday, when I shall have the key, and hi the mean time for you to send the receipt, and on Saturday you will find she money in my desk, or in some papers which it might have been put into. I never recollect having received money from any one in particular, except the
agent of the Duke of Hamilton, who was extremely anxious that his receipt and letter should be sent to the Duke the next day; doubtless you will recollect me telling you about it. As I have stated before that I expect it is in my desk, I do not wish anything to he said about it until Saturday, when I have no doubt you will receive it in the same state as it is said I have received it. Yours, truly, T. PRESCOTT. June 10, 1846. R. M. Burt, Esq."—I saw the prisoner the same evening—I said, "Well, what about this rent? I have had a letter from you about it"—he said, "Well, I don't know, Mr. Burt, anything about it; if I have had the money I must have paid it to you."—I had on the day before communicated with Messrs. Gregory and Faulkner as to what had taken place, and on the 10th I called in some other clerk, immediately after I had this note, and had the prisoner's desk opened—there was no money found in it, or anything relating to this charge.
COURT. Q. Was there any one else to whom he might pay this money? A. No one—he was to pay it to me—no one received the money but me.
CHARLES GOULD . I am clerk at Messrs. Gregory and Faulkner's. On the day the discovery about this affair took place, I spoke to the prisoner in the morning, before the drawer was opened—I told him the person bad called the previous day about the rent—he said he had no knowledge at all about it, if he had received the money he must have paid it to Mr. Burt.
GUILTY. Aged 26.—Recommended to mercy. — Confined Six Months ,
GUILTY. Aged 41.—Recommended to mercy. — Confined Four Months ,
(The prisoner received a good character.)
1345. WILLIAM MURFITT was indicted for stealing 1 scarf, value 4s. 6d.; the goods of Joseph Emanuel Isaacs, his master; and THOMAS GAVELLE for feloniously receiving the same, well knowing it to have been stolen, &c.
MR. BALDWIN conducted the Prosecution,
WILLIAM SALMON . I am in the service of Mr. Clark, a pawnbroker, in Long Acre. On Wednesday evening, the 3rd of June, Gavelle came to pawn this scarf for half-a-crown—I asked where he got it—he said his mother sent him—I told him to go and send his mother, and if it was all right I would lend the money—he went, and never returned—I gave the scarf to the policeman.
Cross-examined by MR. ROBINSON. Q. Did you see Gavelle's mother? A. Yes, she called the next day—I have seen him before.
WILLIAM POCOCK (police-constable F 14.) I apprehended Gavelle—I told him it was to account for a scarf he had left at a pawnbroker's in Long Acre on the previous evening—he said he had not been near a pawnbroker's that day.
Cross-examined by MR. ROBINSON. Q. Did you tell him he had better tell you about it? A. Not a word of the kind.
JOSEPH EMANUEL ISAACS . I am a hosier and draper, and live in Long Acre. Murfitt was in my service—on the 3rd of June Pocock brought me this scarf—it is mine—I know it by the private mark—it had not been sold—I have seen Gavelle lurking about Long Acre, and associating with Murfitt and other boys—I said to Murfitt, "I have some suspicion that you know something about this scarf that the policeman brought to me?"—he said, "Yes, Sir."
Cross-examined by MR. ROBINSON. Q. Did you say anything with regard
to its being better to confess? A. I told him if he would name to me all that he had taken, I should be much more lenient than otherwise.
MR. BALDWIN. Q. Did you say that before or after he mentioned about the scarf? A. He mentioned that to me before—he told me he took the scarf and other things before I said I would be lenient—I am quite certain he mentioned about the scarf before I talked of leniency—he told me he had taken that and several other things.
Cross-examined by MR. HORRY. Q. How long has Murfitt been in your employ? A. About a month—I had him from another situation, and had a character with him—my deposition was taken down as I stated it, which was in the order that everything occurred—it was read over to me, every thing as it occurred, but what I have stated this time is correct—this deposition has my signature to it.
The deposition on being read stated:—"I took him in the parlour, and said I shall be more lenient with you if you tell me every thing you have taken; he then said he took the scarf."
(The prisoners received good characters.)
MURFITT— GUILTY . Aged 16.
GAVELLE— GUILTY . Aged 16.
Confined two Months.
NOT GUILTY .
1347. JOHN LANGHAM, GEORGE SMITH , and JOSEPH SMITH , were indicted for stealing 1 handkerchief, value 1s.; the goods of Hyraan Abraham, from his person; and that ' George Smith had been before convicted of felony.
HYMAK ABRAHAM . I live in Somerset-street, Whitechapel. On the 28th of May I was with a friend in Drury-lane—I parted with him at the corner of some street which I do not know the name of—I went on to Fleet-street—the policeman spoke to me, and I missed a pocket handkerchief—the policeman showed me two handkerchiefs—I said, "I think this is mine"—I could not undertake to swear to it—this is like mine.
Cross-examined by MR. PAYNE. Q. You never told him it was your's? A. No, decidedly not.
WILLIAM WEST (police-constable F 106.) On the 28th of May, about three o'clock in the afternoon, I was in Drury-lane—I saw the three prisoners following Mr. Abraham and another gentleman—I watched them, and at the corner of Russell-court I saw Langham attempt to pick Mr. Abraham's pocket—the two Smiths closed up to him, and George Smith had his hands in his pockets, spread out—Joseph Smith was behind him—Mr. Abraham walked on, and at the corner of White Hart-street he stopped conversing with his friend—the prisoners waited a little distance—Mr. Abraham then left his friend and went on—they followed him about forty or fifty yards—I then saw Langham take this handkerchief out of his pocket and wipe his own face with it—I went and took him—the other prisoners went away, but just as I took Langham George Smith came towards him to speak to him—I took Langham to the station, ran after Mr. Abraham, and found him in Fleet-street—I told him he had lost his handkerchief—he felt, and said he had—I showed him his own handkerchief and another which I took from Langham—he said this one was his.
Cross-examined by MR. HOBRY. Q. Were you in plain clothes? A. I was—I know if persons attempt to pick pockets they are liable to be summarily
convicted—I did not take Langbam at first, because I waited till I got him in the fact—I always do so—I walked down Drury-lane about 150 or 200 yards—I was sometimes twenty yards from them, and sometimes forty yards—the two Smiths closed up, to cover Langham—they did not conceal him from me—I was on the opposite side of the way.
Cross-examined by MR. PAYNE. Q. You say George Smith had his hands in his coat pockets? A. Yea, and spread out the skirts of his coat, his pockets being on this side—I did not say he had bold of the skirts of his coat—he had his hands in his pockets, and was spreading the skirts outGeorge Smith did so on each occasion—I took the two Smiths, two day afterwards, in bed.
(Langham received a good character.)
LANGHAM— GUILTY . Aged 18.— Confined Four Months.
GEORGE SMITH— GUILTY . Aged 18.
JOSEPH SMITH— GUILTY .
Confined Twelve Months.
PERCY HOLMES . I am shopman to Mr. Daniel Dodson, a bookseller, in Fleet-street. He has an open window—on the 8th of June, about half-part six o'clock in the evening, I missed two large books—I did not see then taken—I was out—I had seen them safe at eight o'clock in the morning, but not afterwards—I did not say before the Magistrate that they were safe at five o'clock in the afternoon—the constable brought me two books—this is one now produced—it is Mr. Daniel Dodson's, and was safe in the window at eight o'clock in the morning—I cannot swear to the other, but it fits the vacancy in the window—this is my writing—it was read over to me before—I signed it—(deposition read)—"The books were safe at five o'clock; I saw it safe at five o'clock."
Prisoner. Q. Did not you tell the clerk at the Police-court that you saw them safe in the morning, and were out all day? A. said I was out at the time they were, stolenI did not know the titles of them till I saw them—I swear to this book because it was placed on the shelf, out of anybody's reach, and I did know we had it—I took it down at half-past eight o'clock and placed it lower down.
JURY. Q. Have you any private mark? A. I do not know, if there it it has been rubbed out—it is Smollett's Works, by Roscoe—I can swear to it—the place they were taken from was not filled up until the policeman came.
JOHN PHILLIPS (police-constable F 10.) On the 8th of June, about half-past six o'clock, I saw the prisoner in Chancery-lane, coming towards Holborn with this bundle, with these two books in it—I stopped him and asked what he had got—he said two books, that he was a dealer in books, and that I knew that—he said, "Do you want to look at them?"—I said, "Yes"—he said, "You don't, without you take me down"—I took him to the station and took the books to the prosecutor—the prisoner said he had bought the books in Ave Maria-lane, at a public-house, and did not know the name of the man.
FREDERICK FITZPATRICK . I am in the service of Mr. Dodson, bookseller. On the 8th of June I was at my master's shop all day—I left at half-past nine o'clock—I went behind the window to have my tea, about half-past five o'clock, and left nobody outside the shop—I came back about half-past six, and was
shown a place in the window where the books had gone from—in consequences of what somebody told me, I watched, and taw the prisoner going towards Temple-bar—my master's shop is opposite Salisbury-court—the prisoner had a red book on the top of these two books under his arm—I went back and told the clerk, and in about three quarters of an hour the constable brought the two books back.
Prisoner. Q. Did you not say, while the depositions were being made oat, that you saw me with two red books under my arm A. No—I did not correct myself and say, "No, a red one and a black one."
Prisoner's Defence, If I had stolen the two books, is it feasible that I should go by the shop—he stated at Bow-street that he came out and saw a man pass with another man, with two red books under his arm, and the other witness tapped him on the shoulder, and said, "No, a red one and a black one;" he told the boy every word he had to say, and the clerk wrote it down; he said he saw them the first thing in the morning; and then, after the other witness had spoken to him, he said he thought he saw them at five o'clock.
GUILTY . * Aged 24.— Confined Six Months.
MARIA GURNEY . I am single, and am cook in the service of Mr. Pitt, of Clapham-road. On Monday, the 7th of June, about half-past eight o'clock, I got into an omnibus in Piccadilly—the prisoner got in and sat on my right hand—the omnibus stopped at Charing-cross—while it was stopping I felt the prisoner draw his hand from my right-hand pocket—I did not see him—I turned round and looked at him, and he got up and left the omnibus—he was not getting up before I felt that—I felt in my pocket and missed my purse—I know it was safe when I got into the omnibus—I had in it half-a-crown, one shilling, a sixpence, and a piece of paper with black hair in it—I gave an alarm to the conductor, who went after him—the conductor afterwards gave me my purse, and I gave the prisoner in charge—he waa about a quarter of a yard inside the omnibus.
Cross-examined by MR. ROBINSON. Q. Did you feel your purse safe when you were in the omnibus? A. No, before I got in—the omnibus waa nearly full of people.
ROBERT HAGGERSTON . I am conductor of the Kew-bridge omnibus. The prosecutrix got in at Regent-circus—the prisoner got in before her—he got out at Charing-cross, while I was taking money—I took his money, tad he walked away towards Spring-gardens—the lady said, "He has got my purse"—I said, "Be positive"—she said, "I am quite positive"—I caught the prisoner at the corner of Spring-gardens—he threw the purse at me—I picked it up—this is it—(produced)—in stooping to pick it up I lost my grasp, and he ran nearly into the Park—I caught him again—we had a dreadful tustle—he threw me down—when he found I was determined, he said he would give any money if I would let him go—I took him back to the omnibus, and gave the purse to the lady—he spoke in English—he said something when I first caught him that I did not understand.
PATRICK CURTIN (police-constable D 75.) At ten minutes past eight o'clock at night I saw a crowd at Charing-cross—Haggerston had hold of the prisoner—I took him into custody—he said, "Take me away, I don't care where you take me to"—I received the purse from the lady, and found half-a-crown, a shilling, a sixpence, and a small quantity of hair in it, in a piece of paper.
GUILTY . ** Aged 60.— Transported for Ten Years.
NOT GUILTY .
NOT GUILTY .
MARK EDWARDS . I am in the service of William Atkins, a butcher, in Whitecross-street—the prisoner was in his employ on Saturday nights and Sunday mornings, for three weeks. On the 24th of May, at half-past ten o'clock in the morning, I saw the prisoner's coat in the stable, and saw a pound of beef in the pocket—it was my master's—when it was examined, the cut and the grain corresponded with the other meat exactly.
Cross-examined by MR. BALLANTINE. Q. Is your master here? A. No—I saw him compare the beef with that in the shop—I believe it to be the same-my master will have no objection to take the prisoner back—he might have supposed there was some claim to this as a perquisite.
PETER DIXON . I am a constable. I saw the prisoner—he had bis coat on then—I asked him what he had got—he said, "I will give it you; let me go into the shop"—he went into the shop and gave the beef out—he said he was very sorry, and wished to pay for it.
NOT GUILTY .
EDWARD MUNDAY . I am a labourer, and live in Periwinkle-street, Ratcliff. At twelve o'clock at night, on the 7th of June, I met the two prisoners on Tower-hill—they fell up against me, nearly knocked me down, and began to rifle me about—I had a lot of flowers in my hand, and had a hard matter to keep them from taking them—Burke had her hand in my left hand waistcoat pocket—I pulled it out and held her tight—I put my hand into my pocket and found 3s. 6d. was gone, I had 3s. left-in five or ten minutes a policeman came up, and I gave both the prisoners in charge—Shacklewood stood by all the time-my money was safe a quarter of an hour before.
Cross-examined by MR. PRENDERGAST. Q. You held Burke all the time, and she was taken on the spot? A. Yes—I do not know whether she swallowed the 3s. 6d.—this was on Sunday night—I had only been in one public-house—I had come from my mother's at Walworth—I did not tell the prisoners to smell the nosegay I had—I did not put the flowers in their faces—they asked me to let them have a smell—I did not—they wanted me to go home with them—they tumbled me about a good deal.
Cross-examined by MR. PAYNE. Q. Did you and your mother have "something short" before you left? A. Yes, I then went to a public-house and had half a pint of porter.
JOHN BURLES (City police-constable, No. 15.) At a quarter past twelve o'clock, on the morning of the 8th of June, I was on duty in the Minories—I heard the call of "Police!"—I went across to the prosecutor—he gave both the prisoners in charge, and said they had robbed him of 3s. 6d.—they both denied it—they were searched by a woman, who is not here—there was 1s. 2d. found upon Shacklewood.
NOT GUILTY .
THIRD COURT.—Monday, June 22nd, 1846.
First Jury, before Mr. Common Sergeant.
(The prisoner, being & foreigner, had the evidence communicated to him by an interpreter.)
CORNELIUS CONNOR . On or about the 5th of May, I had a mariner's register-ticket in my jacket pocket—I saw the prisoner overhauling my jacket pocket—I was at work, and did not look into the pocket till the evening—it was then gone—it was on parchment—the jacket was in a box—no person could see it without going to the box.
Prisoner's Defence. The witnesses do not give good proof that I was picking the pocket; I found the ticket on the ground in the morning; I want to be convinced that I have been seen.
GUILTY . Aged 25.— Confined One Month.
MR. BALLANTINE conducted the Prosecution.
REV. WILLIAM NIVEN . I am incumbent of St. Saviour's, Chelsea, and have been so for six years. Previous to May, 1844, I had no knowledge of the existence of the prisoner, or of any sister of hers—in May, 1844, I received this letter—before that I had received a note, which I destroyed—it was to the effect that a report prejudicial to myself existed in the neighbourhood, and if I would call upon the prisoner she would explain it to me—I simply replied, declining to call, and requesting she would state it in writing—I did not keep a copy of my letter.—(Letter read)—
" REV. SIR,—My motive in writing you was to make a private communication, which I considered too delicate to write about: in the course of last week I was informed that Miss Richardson, of No. 7, Brompton-row, had stated to several persons, that a gentleman (as he called himself) was in the constant habit of visiting us, and staying for hours, which was not prudent; and that in fact the Misses F. were improper characters: and having been greatly annoyed daring the last two months, by a number of anonymous letters, I applied to my legal adviser; and when he sent his clerk last Tuesday, to take the evidence of one party, before he commenced any proceedings, the clerk inquired if there had ever been a name mentioned by Miss R.: they answered, 'Yes, but we did not like to mention it to Miss F., but it is Mr. Niven, the minister of the church, near Hans-place; and his visits were to Miss Charlotte F.; as you may suppose, we were exceedingly surprised when we heard the name of my sister coupled with yours, a perfect stranger, whom we had had no communication with whatever; my sister's attorney wrote for an apology and retractation of offensive words, which Miss R. has refused, by sending a professional
man to say she was hilly prepared to defend any action that might be brought against her; and, moreover, the case is notorious—this I was told yesterday; but we will not publish your name without your sanction; it is exceedingly unpleasant for me to make such a statement to you; and if you consider it would be at all detrimental to your character, as a clergyman, we will proceed no further, as we can leave the neighbourhood in the course oft short time, if we cannot stop the slander; but if the mention of your name in the disagreeable affair will not affect you, my sister will give her attorney instructions to proceed as early as convenient. Yours, respectfully, MARIA FOUNTAINE. May 4, 1844. 16, Middle Queen's-buildings, Brompton. To the Rev. W. Niven."
Witness. After that letter I waited on the prisoner, and found she was the person who had written the letter; I had some conversation with her, and she referred to Miss Richardson upon the subject—the conversation was to the effect that Miss Richardson had named me to a Mr. Jay, of Brompton-square, as being in the constant habit of calling at the prisoner's house, and that she had discovered that through a maid-servant—I went away—I said, I was so persuaded that Miss Richardson never uttered a word against me, or anybody else, that I would not annoy her, but a friend who was with me insisted on going on—after that time I noticed that the two young women were part of my congregation—in consequence of something that took place then, it was decided that they should not be admitted into their pew—it was after communicating with the Archdeacon, that I pursued that course—I received this letter in due course—I think it was on the 22nd of October, 1845—it is dated the 21st, and is in the prfisoner's handwriting—(read)—"Rev. Sir, I expected to have heard from you before this, through Mr. Combe, which would have prevented the unpleasant duty which, in justice to myself and sister, I have now to perform—to enter into any particulars respecting the past would be absurd, as you are much better acquainted with the circumstances connected with our disgrace than we can possibly be; and likewise how it first originated, and who first uttered the slander, it is only left for me to tell its effects; it has robbed us of friends, connection, and property in various forms; and now that our funds are exhausted, I apply to you, as the injurer, to know what course in justice you ought to pursue towards us, after the unfeeling manner in whith we have been treated for some years past, and the serious injury we have received; I am quite unconsciow of ever having, by word or deed, injured you; but I must now make oar distress known, and as a vexatious law-suit would be as unpleasant for us as for you, I shall adopt a course more sure and less inconvenient, as witnesses as well as lawyers can be tampered with, and nobody cares to serve the friendless orphans; I shall advertise our case as it stands, with our names, as we have no family to disgrace, and we cannot be more uncomfortably situated than we are at present; and unless I hear from you directly, I shall carry my plan out immediately by advertisements in the Times, Morning Chronide, and Post; and I have no doubt but we shall meet with friends who will place us above want, as I have trusted always in that Friend who has promised to be a father to the fatherless; and when forsaken by the world around, he will defend our cause against our persecutors, and make the innocence of my sister as clear as noon-day. With this I beg to leave you to your own reflections. Yours, &c., MARIA FOUNTAINE. Oct. 21, 1845. No. 102, St. James-street, Brighton."
Witness. They were not angry at being turned out of the church—after they had been turned out of the church I immediately forgave them, and they were reseated in the church—I do not know of any imputation resting upon this
young woman's character through any act of mine—I received several attornies' letters during June, July, Aug. and Sept.—I was not served with a writ then, I was afterwards—no action commenced—I then received this letter from Mr. Combe—(read)
"9, Staples-inn, 5th June, 1845—Sir, I am instructed by Miss Charlotte Fountaine, to inform you that your wife has been in habit of circulating defamatory words, charging her with having improper intercourse with yourself, whereby my client has suffered severely in mind, and her character is greatly injured thereby. I beg to inform you I am instructed to take legal proceedings against you, in respect thereof, unless ample and sufficient amendment is forthwith made to Miss Charlotte Fountaine. I am, Sir, your obedient servant, J. COMBE. To the Rev. William Niven."
Witness, No proceedings were taken against me, a writ was subsequently served, but no action was proceeded with—I afterwards received this letter—(read)
"Miss Fountaine presents her compliments to Mr. Niven, and is sorry to trouble him time after time, but Mr. N. is aware necessity has no law. Miss F. would be obliged if Mr. Niven would say one way or he other whether be will make an amicable arrangement, or whether he will not, as Miss F. will not feel any sorrow for exposing the case; but if Mr. N. has not read the letters, as he has not answered, Miss F. would reflect upon herself, at it has always been the study of Mist F. and sister to oblige Mr. N. in any way they possibly could; but if, after applying to him so often, he still refutes to answer their applications, Miss F. must seek other means, as she has been compelled to borrow money to bring them back to town, from persons she never intended to speak to again, and has promised to return it next week. Miss F. has now sufficient to last her till next Wednesday, and must then turn out into the street, as she will no longer have a house to cover her, and her unfortunate sister, who has been the innocent cause. Miss F. gives Mr. N. till Saturday one o'clock, to answer one way or the other, as Miss F. is sorry to inform Mr. N. that she believes her sister's crime is being poor. Nov. 20th, 1845; 24, Down-street, Piccadilly, London."
Witness. On the 25th of Nov., I received this letter—(read)
"Rev. Sir,—I now apply to you for the sixth time, earnestly entreating you to answer this; to enter more particularly into past circumstances would be useless, I only wish I could altogether forget them. I intended to have been at your church on Sunday morning, but my sister was too ill to come to the service, so we went down after you had left; my present object in writing to you is to appeal to you as a Christian: can you possibly see us starve, and you give us neither advice, comfort or pecuniary relief?—it is the very last thing I would do if I was not obliged. I made some sacrifices to leave Brighton and return to town, as my sister has been suffering for some time with a very severe pain in her back; and I have written to Mr. Bowling, of Hammersmith, whom I expect to see to-day, but will not mention our unfortunate circumstances, as I would rather hear from you. I ask you now, will you lend me some pecuniary aid, and advise me what course I had better adopt for the time to come? I suppose it useless for me to ask for a seat in your church, as of course you would refuse, and also I do not wish to be seen in that neighbourhood, situated worse than heretofore. If you would see me I should be much obliged; I would meet you anywhere, and explain anything we may have done to offend you, as perhaps your mind has been prejudiced against us, and 1 know we have no friends. If you are too much offended with us to write to me or see me, if you would enclose me 20l. I would endeavour to repay you, if I can possibly obtain any means of earning ray living, and also
a living for my unfortunate sister, as we have no relations who could or would do anything for us, or I would not annoy you with one letter after another in this way. MARIA FOUNTAINS. Nov. 25th, 1845; 24, Down-street, Piccadilly."
Witness About March 11th, 1846, I received this letter—(read)
"Sir,—I apply to you again that you may have no excuse to make in not knowing our exact position; were now here, having had a pawnbroker, who has given us 21l. upon our watches and wearing apparel, which has paid all we owed in Down-street, and one guinea here last Wednesday week; being obliged to pay two rents, we are now in debt for board, firing, and lodging one week yesterday, without any property in the house, and without a change of clean linen. We are strangers I find here for the present. I write this principally to inform you, that if you do not make us compensation, I will leave what to yourself, I must write to Archdeacon Sinclair, to lay the matter before the Bishop of London, as I am well provided with witnesses, and shall give the whole history of myself and sister during the last five years; and that to-morrow, Friday, Jan. 23rd, at one o'clock, I shall carry a letter to the residence of the Archdeacon, if I do not hear before that hour from you, offering to make some amicable arrangement, and that also some terms settled before Saturday, one o'clock, be offered to me for approval, as we cannot wait any longer, as we are driven to this by distress. I would much rather make terms of peace with you, as I do not write from any vindictive motive, and would agree to any terms to keep us from absolute want, as we have always studied your interest in preference to our own, as our present circumstances testify, but we cannot remain as we are any longer. My sister is much better than she has been, but is now a living skeleton, not being able to obtain that which would make her better, and is with myself exceedingly anxious not to do you any injury; but necessity has no law, and we cannot continue longer, it is impossible. I shall prepare my letter to Archdeacon Sinclair this evening, (not really expecting an answer from you,) as this is the eleventh letter, and three months since the first; and as sure as I expect protection from an all-seeing God, I shall carry it myself if I am spared till to-morrow, one o'clock. I wish you distinctly to understand it is from poverty unexampled, and from no other motive. You are aware, I suppose, of the charges. I shall tell the truth, the whole truth, and you can prepare your defence. Yours, respectfully, MARIA FOUNTAINE. Jan. 22; 12, Lower Phillimore-place, Kennington. P.S. We are indebted to the amount of 36l., including the money upon our clothes, and the expenses at the Pantechnicon, before we can obtain our boxes from that place, besides our week here. To the Rev. W. Niven, Watton-place."
Witness. After that letter this one was sent to me by the Bishop of London—it is in the prisoner's handwriting—(read)
" My Lord,—I appeal to your lordship on behalf of myself aid sister, who have been brought to the greatest distress, in consequence of my sister having been slandered by the lady of the Rev. W. Niven, incumbent of St. Saviour's, Upper Chelsea, in whose church myself and sister have occupied sittings since Christmas, 1840; and, during that period, we resided at Brompton, and were, by profession, morning governesses. Mrs. Niven stated to various persons that my sister was enceinte by the Rev. W. Niven, and employed persons to watch the house we resided in; and, if we walked in the streets, set persons (chiefly her own relations) to follow us, and insult us; in fact, so much so, that we had been unable to leave our own apartment, except in a carriage, for more than a twelvemonth before we left Brompton, which we did last October. Last June my sister applied to an attorney we had known for some years, to commence an action against Mr. Niven, which he
did, and after keeping us in expectation of obtaining some satisfaction for several months, refused to proceed; in fact, I have no hesitation in saying, Mr. Niven bribed the lawyer, to prevent any proceeding. I have since written a great many letters to Mr. Niven, and appealed to him as a Christian minister to compensate us, as we are friendless orphans, but can get no answer. My sister's medical attendant, Mr. Bowling, of Hammersmith, has also written to him, and received an answer from Mr. Niven's solicitor, which, with other letters, I wish to lay before your lordship. We are now residing at Kensington, and I wrote last Friday week to Archdeacon Sinclair; but, receiving no answer, I wrote again on Monday last, but have not received an answer. My object in writing to Archdeacon Sinclair was, for him to lay the matter before your lordship; but, as I cannot get an answer, I suppose it is in consequence of Mr. Niven being acquainted with Archdeacon Sinclair. We are suffering the greatest privations. Our clothes have been sent to the pawnbrokers; we are in debt, without any means of paying, and must be turned into the street, for we have no home—no friends who will even give us a night's lodging; and, unless we can obtain compensation from Mr. Niven for the injury Mrs. Niven has done us, there is nothing left us but a poor-house, as our characters have been destroyed, our connections lost, so that we could not earn anything unless our characters are restored, and some pecuniary relief afforded us. I beg leave to apologize for troubling your lordship, but I do it in hopes your lordship can compel Mr. Niven, who is wealthy, to compensate us, and that immediately, for the serious injuries we have sustained. We are fully prepared to prove the statement, and have no objection to appear before your lordship, with evidence, and that in Mr. Niven's presence; and, I can assure your lordship, that the circumstances are understated, both as regards slander; annoyance, and our present poverty. My sister has been seriously ill, and property we have had left us; has been spent in endeavouring to regain our professions, and also our characters, but without success, as the slander has been most industriously propagated. I have the honour to be, &c., MARIA FOUNTAINS. Feb. 2nd, 1846. No. 12, Lower Philliraore-place, Kensington. To the Right Rev. the Lord Bishop of London."
Witness. After that, I received this one in due course—I forget the date—(read)
" Dear Sir,—I again appeal to you, as I wish to know on what grounds we are situated to each other; if I had a friend who would speak to you upon this subject, or one whom I could trust, I would not out step the bounds of prudence, as I am about to do. I ask you calmly and dispassionately what were your intentions towards my sister five years ago, and what are they now. I have always believed you were greatly attached to my sister, and your unfortunate position has been always looked upon by us as a great calamity, and one which we hoped would soon terminate; and 1 supposed, when it did terminate, you intended to marry my sister, who is sincerely attached to you, as you must be aware of; in fact, she has always stated to me, that from the first she would remain single for life unless she married you, and, I believe, such is her present determination, and from that cause we are reduced to our present painful situation—as I have encouraged that idea; if we have been deceived in our opinions, and you have no affection for my sister, perhaps you would have the kindness to make us acquainted with the fact as early as possible, as our present circumstances can then be exposed, or perhaps you would, through some kind friend of yours, afford some little pecuniary assistance, to save us from utter destruction; and, if you have intentions towards my sister, you will prevent any exposure of our present
position, for your own sake as well as ours. Our present distress is more than you can think, or possibly be aware of; and oh! for the sake of two friendless beings, do something for us. We are willing to act under your advice, be it what it may. We have been here a fortnight. I took the apartments for one month, hoping and trusting that something would be done to relieve our present wretchedness in that time, and we are getting credit with the trades people of this neighbourhood, for we are not found anything here, and we have no money, no clothes, not a change of linen, and the enclosed notice was served here yesterday, though how we were found I do not know; and oh, for mercy's sake, do not let our little all be sacrificed for the sura named, although our clothes ami work-box and writing-desk, &c., will not make the sum to sell; they are worth much more to us, and I sent for some clothes from the Pantechnicon about five weeks ago, and I paid her part with what I obtained upon them. In fact, our clothes are pawned for 24l.; our books are at the Pantechnicon, where I cannot obtain them unless I pay two guineas, as they have been there near six months, and the remaining part are at Kensington, all dirty; and nothing but linen, and not another dresi besides the one we wear, and we cannot make ourselves decent any longer in this house. Apply to some person we must; but I hope you will not be so cruel as utterly to abandon us to such a fate, as we are willing; in fact, we have lost everything we possess, including our peace of mind for life, in serving you as we thought; and I am sure, both myself and sister, would make any sacrifice for you, but do in pity to our distress send me you advice, and whether you have any affection for my sister; and, if so, do not let us be disgraced for life in this way, and we would make you any promises, not to molest you in any way; and whatever course you wish us to adopt, it shall be done, as we have nobody to apply to but yourself, under whose ministry we have been so long, and under whom we have profited so much. I implore an answer, or, if not to me, perhaps Mr. Combe would do something in it; but I would rather receive advice from you, and, whatever you advise, shall be done. I remain, your sincere well-wisher, MARIA FOUNTAINE. March 11th, 1846. No. 8, Michael's-place, Brompton."
Witness. I did not know the prisoner or her sister five years ago—I never paid any attentions to her or her sister in my life, and never had any connection with her sister—I never courted her, and never deserted her—I did not know of her existence—I was married three years before I heard of her.
Cross-examined by MR. PARRY. Q. When were you married? A. In the summer of 1841—I have been living with Mrs. Niven, at Upper Chelsef, since that time—we were absent five or six weeks after our marriage—there were no legal proceedings pending against me, before I married Mrs. Niven—I am quite sure of that—there never were any against me in the world—the first time I recognized the young ladies as constant attendants on my ministry was when I called with Mr. Wood—I deliver sacramental lectures somewhere else—they have taken the sacrament frequently under my ministry—I mean really to represent that I did not know them till May, 1844—this letter is my handwriting—(looking at it.)
Q. Refresh your memory by that letter, and then tell me whether you will state here before the Jury, upon your oath, that you did not know these young ladies before May, 1844? A. I did not—I adhere to my statement—I did not know that they were governesses—my wife's maiden name was Soane—at the time I saw them with Mr. Wood they had not the appearance of distress—I received a letter from Mr. Bowling, the surgeon, to the effect that the prisoner's sister was seriously ill of a fever—Mr. Bowling is a most
respectable gentleman, and is surgeon t& the Guards—this is the letter—(read)—"Sir, I have been called on to attend Miss Charlotte Fountaine, at No. 24, Down-street, Piccadilly, who is suffering from a severe attack of nervous fever, produced, as she describes, by excessive mental anxiety, in consequence of being reduced to penury by the loss of her connections at Brompton, through the instrumentality of some person connected with you, who has been most industriously propagating a variety of slanderous reports respecting the character of herself and her sister. As Miss C. F. expressed great anxiety that I should state this much to you, I have felt it a duty to do so, in the hope, if you can do anything to relieve her present suffering, you will do so. I remain, &c., J. BOWLING. Hammersmith, Jan. 5th, 1845. The Rev. W. Niven.") About the 18th of March, after the date of the two last letters, the two young ladies called at my house—I requested them to leave—they declined—in consequence of that I took them before a Magistrate—they were held to bail for assaulting me, having previously attempted to assault my solicitor with a poker—I was not present; I only know it on his word—they came and claimed some compensation from me—I suppose it was to make me give them some money on the spot—the prisoner made a rush at my dining-room door, to push herself in; and since they have been held to bail they have molested me in the most extraordinary manner—I have bad nothing but annoyance from them ever since—I have received a writ from them since, and they have sent solicitor after solicitor, but they have not come or written to me at all, in any way, or personally annoyed me from that hour—there have been two writs served, one in December last, and the other was served upon my solicitor for me; I cannot speak positively, but think it was about a week before I gave the prisoner into custody—I know that it has been served—the first time I knew it was at the police-court that day—I did not proceed upon these letters before, for I assure you, as a Clergyman, it is the greatest trial I ever met with to proceed against any human being—I have known Miss Richardson, I think, between nine and ten years, as near as I can recollect—I do not think she ever was one of my congregation—my wife did not know her before she was married to me, nor subsequently, until I introduced her one day in the street, soon after the first letter was written—that was the only time they spoke, till they met in the police-office—I have not heard, since I received these letters, of there being any other reports from any other party—I did not offer, about six months ago, to abandon all proceedings if Miss Fountains would deny all the reports in circulation—I never instructed my sotaeitor to that effect—nor was such offer ever made to me if Mrs. Niven would give a denial to the reports—there was never any offer made me—an action was commenced in Dec., and abandoned, and another commenced a short time before the prisoner was taken into custody.
MR. BALLANTINE. Q. Before they came to your house, had you heard of the conduct they had pursued towards your solicitor? A. Yes—it was in consequence of that that I felt it my duty to pursue the course I did—I was afraid of their assaulting Mrs. Niven—I thought she was in the house at that time—I had a person in employ at my church named M'Naugbton, a beadle, and discharged him.
Cross-examined. Q. They were governesses? A. They told me they were—I have no reason to doubt it-they were by no means well off—they had a garret in my house, for which they paid 12s. a week, and the use of my sitting-room, on sufferance—I gave it them—I did not know them at all
afterwards—they came on the 1st of Aug., 1840, and left, I believe, on the 10th or 11th of Jan., 1841.
Q. Will you do me the favour to write "The Misses Fountaine" on this piece of paper?—(the witness did so)—I do not think I saw them after they left, at least, I did not know them if I did—my sight is very bad—I should not know them if I met them in the street.
Q. Is that in your handwriting?—(handing a book to the witness.) A. I never saw it before I was examined at Westminster—I have known Mr. Niven I should think nine or ten years—I know none of his family—I never spoke to Mrs. Niven but once before I saw her at the police-office—Mary Cbarrett was in my service a few months—I cannot say how long—I never mentioned Miss Charlotte Fountaine to her in my life, nor did she know when she left my service that I knew them—I had a letter from a person named Coombe, a solicitor, threatening me with an action—I had a writ presented to me—I do not know whether it was a writ—I never saw one before—it was not more than six weeks ago—I do not know that Mary Charrett was to be a witness against me—I have never heard these reports myself, except from the parties themselves—I was very careful not to mention their names after they left my house, and I am sure I never did—I do not know that these reports were rife in the neighbourhood—they have not been driven from the neighbourhood that I know of—I know nothing about them after they left my house—I know nothing of an attorney's clerk, named Jackson—a person of that name boarded in my house once—he happened to call upon me as a morning visitor at the time the letter was sent—he looked at the letter and said, "What is this?"—he said, "As I go back to town I will go to this man"—he was not out of his articles then—he went to the house to say I had not mentioned anything about the young ladies, and told them I was incapable of making use of such conduct—he went as a friend, not as a, legal adviser.
MR. BALLANTINE. Q. I believe Mr. Coombe did not press the action, and you handed this writ over to your own solicitor? A. Yes, that was two years ago—I have had a subpoena six weeks ago—that was to come up and give evidence against Mrs. Niven.
Cross-examined. Q. Have you ever heard any uttered, not about this young woman, but about Miss Charlotte Fountaine? A. Never—I know Mr. Jay, and have been introduced to Mrs. Jay, but never spoke to her since, and never heard any rumours from them—I have not denied myself to the Miss Fountaine's—I never knew that they asked for me—I am quite sure that I am not aware that they have tried to see me.
Q. Will you do me the favour to write, "The Misses Fountaine" on this piece of paper? (the witness did so)—I do not know Miss Richardson's handwriting—I do not know the handwriting upon the lower part of this book—I do not know whether it is Miss Richardson's handwriting—I have never seen her write—I do not know it at all—it is certainly not my own.
JOHN M'NAUGHTON . I was beadle at St. Saviour's church, Chelsea—I was dismissed by Mr. Niven. On the 21st of May, after my dismissal, I received this letter from a person representing himself as an attorney's clerk.
MR. NIVEN re-examined. This letter is in the prisoner's handwriting—(this was not read.)
(The prisoner received a good character.)
GUILTY .— Confined One Year.
NOT GUILTY .
NOT GUILTY .
NOT GUILTY .
GUILTY of a common Assault. Aged 13.— Confined Three Months.
Before Mr. Common Serjeant.
GUILTY of an Assault. Aged 55.— Confined Ntne Months.
CHARLES COLLIER (police-constable K 30.) I found these reins on the prisoner about two o'clock on Saturday, the 30th of May, about a mile and a half from the prosecutor's—she told me she found them on the King's highway, about eleven o'clock.
Prisoner's Defence. I found them; I took them to Mr. Ram's, and asked if they belonged to them; they said no; I went to another place; I told the officer I had been to Mr. Collin's, the baker's.
GUILTY . Aged 44.— Confined Three Months.
Before Mr. Recorder.
1362. WILLIAM LEWIS, alias William John Avery , was indicted for stealing 1 bag, value 1d.; 1 sovereign, 48 half-crowns 107 shillings, and 21 sixpences: the property of the South-Eastern Railway Company, his masters; to which he pleaded
GUILTY.—Recommended to mercy. — Confined Four Months.
1363. JOSEPH JOSIAH CRAIG was indicted for a robbery on John Bellamy, putting him in fear, and stealing from his person 1 watch, value 5l.; 1 watch-chain, 2l.; 1 seal, 12s.; and 1 watch-key, 8s.; his property.
JOHN BELLAMY . I live at Austin-street, Blackheath. On the 24th of May, about ten o'clock in the evening, or soon after, I was at New Cross—the prisoner came up to me and asked me whether I was going to Greenwich—I said, "Yes"—he said he was going there—on the way he said he ought to be in barracks by ten o'clock, but as he was over time and had a relation in Greenwich, he should sleep there—when we got to New-cross I was turning down into Deptford—he pulled me out of the path, and said, "That is not your road to Greenwich"—he pressed me against a wall and took my watch, which was in my left-hand waistcoat pocket—he tore the pocket out altogether, took the watch, and ran away down a turning—I kept him in sight till we came to the bottom of the lane, where there is an elbow, and there I lost sight of him—I have seen the watch since—this is it (produced)—I did not go into any public-house with him.
Cross-examined by MR. DOANE. Q. Did you meet him at any public-house that night? A. No—I know the New-cross inn—I did not go in there—I had been to a public-house at Camberwell that night—I had been to see my daughter—I cannot say how long I was there—I did not go into any other house to my knowledge—I did not go to find some convenient place to ease myself, nor ask him to hold my watch for me—I was not tipsy at all—I did not want to go into a public-house with him on the road—I did not ask him where he was doing duty—I am sure I did not go into any house with him.
COURT. Q. How far did you walk with him? A. About sixty yards before we came to the Cross-house—directly we got by, there is a saddler's shop at the corner, he pulled me by the corner, and said, "That is not your way to Greenwich," and pinned me up against the wall, with his knee against my belly—I know my way to Greenwich very well—I did not see Wood till I got into High-street, Deptford, perhaps half a mile from the spot—I called out for the police, but the prisoner was pressing his knee into my belly, I could not call out loud—I was three or four yards from the main road when he took my watch—I carried it in my waistcoat pocket—it had a chain to it.
JOHN WOOD . I am a private in the Royal Marines. On the 24th of May, about half-past eleven at night, I was in High-street, Deptford—in consequence of what the prosecutor said, I spoke to a policeman, and went with him to the Prince Regent public-house, and saw him take the prisoner—when he came out three or four yards, he put his right hand into his pocket, pulled out a watch, and threw it behind him—I took it up and gave it the policeman—this is it.
Cross-examined. Q. Was the policeman present when he threw it away? A. Yes—he was charged with robbery before he threw the watch away—I was on duty at Deptford at that time—I have seen the prisoner about the barracks for about four years and a half.
JAMES WESTBROOK (policeman.) In consequence of information, I went; to the Prince Regent public-house, saw the prisoner there, and told him I wanted him—we went out together—I had hold of his left hand—I saw his hand in his pocket—he pulled it out, and I heard something gingle in the channel, and Wood picked up the watch—the prisoner then said, "I know nothing about the watch"—he was not quite sober.
Cross-examined. Q. Is the public-house in Deptford? A. Yes, nearly half a mile from where the prosecutor met him—there are several public-houses nearer—the spot that the prosecutor was fixed against, leads out of the high road into a bye lane.
GUILTY . Aged 27.— Transported for Ten Years.
Before Mr. Baron Rolfs.
MR. PAYNE conducted the Prosecution.
JOSEPH BLOOMFIELD (police-constable R 140.) On the morning of Friday, the 8th of May, about twenty minutes after seven, I was on duty in Lee-road, at Lee, in Kent, near the beer-shop called the Scotchman, it is near Blackbeath—I heard abusive language inside, and remained outside some time, and saw the prisoner come out—as soon as he came out he swore be would smash the windows—the door of the house was open—I then went across the road to him, to persuade him to be quiet and go home—I was doing so for a quarter of an hour or twenty minutes—I did not lay hold of him or do anything to him—he was swearing and abusing me and the landlady all that time—he was not very drunk—he had been drinking—he said if I did not go on the other side of the road, he would report me off my beat—I said if he would be quiet and go home, I would go oh the other side of the road—I turned about to go on the other side of the road, thinking I might get rid of him, and just as I was in the act of turning round he up with his fist and struck me across the head—I then took hold of him by the collar, to take him to the station—that was the first time I had taken hold of him—he made great resistance and kicked me on the legs—I bad hold of his collar with both hands—he kicked my legs from under me, and we both went down together—it was a very violent kick—it threw me into the road—my leg is very much bruised—I got up and was stooping to pull him up quick out of the way of a watering-cart that was watering the road, and he gave me a severe kick in the side—I lost my breath through it—as soon as I came to myself I got up and laid hold of him by the collar again—I had previously called to a man named Leopard, as I thought, to assist me, but it proved to be a man named Smith—he refused to assist me—I called to several to assist me but they refused—I then called to a man named Thomas, who came to my assistance a few minutes after I was kicked—he is a shoe maker, and lives a few doors from the beer-shop—he persuaded me to tie the prisoner's hands, and went in doors and brought out a handkerchief—I had at that time received a great many blows and kicks besides the kick on the legs and stomach and the blow on the head—I laid him down in the road to tie his hands, and when I was stooping by the side of him he kicked me on the side of my eye three times, and also on the back of my head—he had a shoe on and tent the toe of it through the back part of my hat—he was in the act of repeating the blow, and Thomas caught hold of his legs—while this was going on he swore he would break my b—y head, and swore he would kick my eye out, and that he would break my legs—a man came up in a cart who assisted me in tying his legs—we got him into the cart and took him to the station—I was attended by Mr. Taylor, a surgeon, of Deptford—I felt very bad in my head and inside, and brought up a great quantity of blood—I am still unwell from bis kicking me—I had nothing the matter before—I have only done three hours' duty last week in the cool of the evening.
Cross-examined by MR. MELLOR. Q. Do you mean three hours every night? A. Yes—two nights I was obliged to be carried home again—I received the injuries before I attempted to tie his hands.
CALEB TAYLOR . I am a surgeon at Deptford—on the 8th of May I attended the prosecutor at the station—he was in a state of collapse when I first saw him—when he came to himself he complained of a violent pain at the pit of his stomach and in his head—there was an abrasion of the skin and a small
lacerated wound on the left temple—he vomited blood and passed blood downwards—it was a very serious injury-his life was in jeopardy.
Cross-examined. Q. There was no outward indication of great violence on the abdomen? A. No, the blows might have been inflicted by the kicks described.
GUILTY of an Assault. Aged 56— Confined Nine Months.
JAMES WILLIAM BROWN . I am a wine-cooper, and live at No. 3, George-street, Greenwich. On the 30th of May, at half-past twelve o'clock at night, I was walking along Church-street, Greenwich, and saw the prisoner with his back against a post, and two women near him—he ran up against me, and knocked me down—I got up and asked him what he did that for—he said he was a Spaniard, and would stab me—I saw a knife in his hand—it seemed a large one, with a large blade—he took an aim at my head—I put up my left arm and warded the blow off as well as I could, and it just grazea my face—when he found he could not do as he wished with the knife he struck me in the mouth, and I fell to the ground, I called for assistance, and Rees and the policeman came—my face bled very much—I saw him throw the knife away.
BENJAMIN REES . I am a general dealer, and live in Church-street, Greenwich. On the morning of the 31st of May, about half-past twelve o'clock, I heard an alarm, came to the spot, saw the prisoner, and heard him say, " Me will stab you; me will kill you"—he and Brown were on the ground—Brown was under the prisoner and bled very little—the prisoner said, "Me will kill you; me will stick you"—I did not see the prisoner do anything, but when I went up he threw something away as he ran—I do not know what it was.
ROBERT MARTIN (police-constable R 321.) About half-past twelve o'clock I took the prisoner in charge—he took me by the left hand, which he kissed—he spoke in English, and said he would murder that man—Brown was close by him at the time—the prisoner did not appear drunk—he might have been drinking a little—I looked about for the knife, but could not find it.
Prisoner's Defence (through an interpreter.) I was drunk, and have no recollection of what I did.
GUILTY of an Assault. Aged 34.— Confined Four Months.
Before Mr. Common Sergeant.
HESTON pleaded GUILTY . Aged 20.— Confined Three Months.
THOMAS HOLLOWAY . I am a builder, and live in North-street, Edgware-road. I went to Greenwich fair on the 2nd of June—I had a handkerchief with me, which I lost—this is it—it is mended—I know it well.
WILLIAM BIRCH (police-constable R 111.) I was on duty at Greenwich fair on the 2nd of June—I saw Jones, after making six different attempts, go to the prosecutor and take this handkerchief from his pocket—he gave it to Heston—she had been with him for an hour before, and I saw her make two attempts herself—I took this handkerchief from her, and took the prisoners.
Jones's Defence. I had not been in the fair five minutes; this woman was not with me at all.
GUILTY . Aged 21.— Transported for Ten Years.
GUILTY . Aged 18.— Confined Two Days.
(The prosecutor recommended him to mercy, and engaged to employ him.)
ESTHER HILL . I am the wife of Thomas James Hill—we live at Deptford. I had a saucepan and a kettle, which I saw safe on Thursday, the 14th of May, and missed them on Sunday, the 17th—these are them—I know the saucepan by its having been new-bottomed, and the kettle I know.
ELIZA REED . I bought this kettle of the prisoner for 6d., on Sunday, the 17th of May—she came to our place, said there were no shops open, and she would take it a great favour if I would buy it, as she wanted bread.
GUILTY . Aged 27.— Transported for Seven Years ,
(There were three other charges against the prisoner; she was tried also last Session.)
JAMES TIDD . On the 12th of June the prisoner came to my father's public-house, at Greenwich—she called for half-a-pint of porter—she left it on the bar, and went down the yard—she came back, drank the beer, and went away—my mother came in in a few minutes, and asked if I had takes a handkerchief off a line in the yard—the prisoner was then pursued, and it was found on her—this is it—it is mine—it is marked.
Prisoner. I went into the yard with the child, and the child picked it up.
EMMA DEIGHTON . I live in Blackheath-road, a short distance from Mr. Tidd's—I had a petticoat hanging on a line at the back window—I saw the prisoner with it, under her arm, walking away—I cried out, and she dropped it in the yard,
Prisoner. That is false.
GUILTY . Aged 43.— Confined One Year.
PATRICK DEE (police-constable R 236.) At half-past one o'clock at night on the 5th of June I was on duty in Woolwich-road—I saw the prisoner coming down Antigallican-lane with a bundle—I asked what he had got—he said only his coat and cap—I took him, and found the articles produced and some others on him—he said they belonged to his sister, who lived at the Mortar Tavern—I went, and there was no such a person.
Prisoner's Defence. I came down Antigallican-lane and saw a man asleep; I spoke to him, and about twenty yards further I found this bundle.
GUILTY . * Aged 30.— Confined Three Months, without hard labour, being lane.
GUILTY . Aged 22.— Confined Six Months.
DAVID VALENTINE . I am a harness-maker, and live at Greenwich—the prisoner was in my employ. On the 27th of May I was busy—I left the shop for about a hour at eight o'clock in the morning—I returned, and three saddles were gone, and the prisoner also—I have never seen the property since—it was the prisoner's breakfast time—he ought to have come back, but did not.
Prisoner, I never saw the saddles.
GUILTY . Aged 30.— Confined Nine Months
(There was another indictment against the prisoner.)
Before Mr. Recorder.
GUILTY . Aged 21.— Transported for Ten Years ,
GUILTY . Aged 18.— Confined Six Weeks.
WILLIAM JOHN PICKEN . I saw the prisoner Stevens in company with Baxter—I did not see her take anything-when they left the shop they went in different directions—the property was found on Baxter—Stevens did not buy anything—she did not come into the shop—the goods were in the doorway.
STEVENS— NOT GUILTY .
ANN GLOVER . I am the wife of George Glover, of Southwark-square, St. Saviour's. The prisoner Brown lodged in our house, and left on the 9th of May—on the 19th of May both the prisoners called at my door—Brown said she called to pay me some money and take her box away, which she had left—they followed me down stairs into my front kitchen—I had a watch on the mantle-shelf, which I saw five minutes before they came—I have a lodger in the house, but she never came down stairs—she is not here—I went from the front kitchen to the back, leaving Clayton behind in the front kitchen—she did not come into the back kitchen, but Mrs. Brown came after me into the back kitchen, and paid me the money—the prisoners went away, Clayton carrying the box, and on going into the kitchen three quarters of an hoar after I missed the watch—I went and found Brown in Covent-garden—I asked her where the young woman was who carried her box—she said she did not know—I said, "Where did she carry youi box to?"—she said she did not carry it further than the London-road—I said, "You could not carry the box with your child—where do you live?—she said, "I shall not tell you"—I told her I had lost a watch, and she must have take* it, or the young woman—she said she did not know where the other woman lodged.
Cross-examined by MR. BALLANTINS. Q. She said, I believe, she had seen her last at Westminster-bridge? A. Yes—she afterwards said she had been slightly acquainted with Clayton, and met her while she was going for her box, and she offered to carry the box, she having a baby—Brown had lived nine weeks with me.
COURT. Q. Had anybody been in the house between their going and your missing the watch? A. My husband I bad scarcely got down before he came in and laid on the sofa in the kitchen—I shut the door, and stepped into the back kitchen with the servant, till I went to make tea and then missed the watch.
JAMES CUDDY (policeman.) I apprehended Clayton—she asked me what I took her for—I told her she was charged on suspicion of stealing a watch from Mrs. Glover's, in Southwark-sqnare—she said, "She must be mistaken, "I am not the person"—on the way to the station she said, "I certainly went to the house with a person named Brown, but know nothing about the watch."
MART ANN JONSS . I am servant to Mrs. Glover. I remember the two prisoners coming to the house—I had seen the watch on the shelf—I was in the back kitchen when Brown paid my mistress the money—she paid me 5s. at the same time, which I had lent her—Clayton was in the front kitchen at that time—Mrs. Griffin lodged at the top of the house—she was at home at that time—she left yesterday—she has lived three weeks with us—Mr. Glover came in almost directly after the prisoners left, and laid down in the front kitchen—I went into the front kitchen, but cannot say whether the watch was there.
NOT GUILTY .
CHARLES HAWKINS . I am a chair-maker, and live in Hatfield-place, Westminster-road. The prisoner was in my service, and was employed to. carry home chairs to my customers and take the money, and when he came back to my place he should give me the money, or state if they had not paid it—I made out the bills—Mr. Draoe owed me 2l. 8s. 2d. on the 10th of Dec.—the prisoner never accounted to me for that—on the 15th of May I sent him with chairs to Mr. Taylor, to the amount of 36s.—he never accounted for that.
MARY ANN DRANE . I am the wife of John Drane, and live in Chester-place, Gray's-inn-road. On the 10th of Dec. 1 paid the prisoner two sovereigns on account of his master, and have his receipt—in Feb. I paid him another sum of 8s. 2d., and 16s. for more goods.
JOHN UNDERWOOD (policeman.) I took the prisoner, and told him I took him on a charge of receiving money for his master and not accounting for it—he said he had taken it when he was short of work, but the 1l. 16s., which was the last sum he had taken, was at home—I went to his wife and got it, about the Thursday after it was received.
Prisoner's Defence. I did not wish to rob my employer, and should not have taken it, but had no other means of supporting my family; 1 had bad the last sum in the house a week when I was taken.
CHARLES HAWKINS re-examined. He represented to me there was 1l. 15s. owing besides that sum—he did not work in the business—I only employed him to carry home goods and to clean furniture—he did not earn much—his wife also worked at caning chairs.
GUILTY. Aged 32.—Recommended to mercy by the Prosecutor and Jury. — Confined One Month.
ELIZABETH BUCHANNAN HOWARD . I am single, and live with my mother, Elizabeth Howard, a widow, in Church-street, Camberwell. The prisoner had been in her service not quite nine months—on the afternoon of the 7th of June I went into the room where the prisoner slept—my attention was attracted to a box there—I lifted it, and went and told my mother—we waited till the prisoner returned from church, about half-past four o'clock—she then opened the box—I found in it a brooch belonging to me, and two handkerchiefs belonging to my mother—the box was locked—I had kept the brooch in a drawer—this is it—we had given the prisoner warning on the Saturday night, to go away in a month—I know these handkerchiefs to be my mother's—we have more like them—one of them was dirty—the prisoner did not dress smartly till very lately—I had no reason to think she wore my things or my mother's—we never saw her—she had 4l. a year—there were no, wages due to her—we had a good character with her—I do not think she had been a servant at that place, but merely looked after the children—she seemed deserted by her friends—we gave her warning because she had been very deficient lately in attending to what was said.
PATRICK AHEARNE (police-constable P 132.) I took the prisoner—she at first denied that the things belonged to Mrs. Howard—on the way to the station she said the brooch and the handkerchief belonged to Mrs. Howard—she did not explain how they rame in her box.
Prisoner. I am innocent; the key of my box was on the top of the drawers; I am not guilty of putting the things in my box.
ELIZABETH BUCHANNAN HOWARD re-examined. I think the prisoner took the key off the drawers—we have lost a gold ring of my mother's—the brooch was wrapped up at the bottom of the box—she took out a few things
before she came to the handkerchief—we lost the handkerchief at a wash—I asked repeatedly if she had seen it—she said she had not—I did not look into her box before she came home.
NOT GUILTY .
Before Mr. Justice Patterson.
1378. RICHARD PHILLIPS was indicted for stealing 33 ozs. of prus-sian blue, value, 1s. 6d.; 1 oz. of serra siena, 6d.; 1 oz. of chrome yellow, 3d.; and 1 oz. of Vandyke brown, 4d. t the goods of Elizabeth Howard, his mistress.
MR. BRIERLY conducted the Prosecution.
WILLIAM HOWARD . I carry on the business of a plumber, painter, and glazier, in Church-street, Camberwell, for Elizabeth Howard, my mother. I am not in partnership with her—the prisoner was in her employ, and had, access to the drawers—on the 4th of June I found a bunch of keys were left in the key-hole of the drawer in the back part of the shop where the prisoner worked—they ought not to have been there—I opened the drawers, and found some colours—I then put them back locked the drawers, and put the keys into my desk—I waited fcr the prisoner coming from his dinner at two o'clock—I then took the keys out of my desk, went to the prisoner, and said, "Philip, are these your keys?"—he said, "Yes they are"—I said, "Just open the drawer"—he did so—I took the colours, laid them before him, and asked him whose they were—he said, "They are mine"—I asked who gave them to him—he made no reply—my brother brought the colour drawer, which they are usually kept in, to. the back part of the shop to compare them with those in the prisoner's drawer—I found them exactly to correspond—I found a piece which exactly fits the fracture—that was one piece of chrome yellow—it fitted where it had been broken off—here is the piece that was broken off—after a little time I said, "Philip, I do not like these things—it is these petty things I cannot bear—I have missed several things out of the shop—it appears to me that it is something like you have done it"—he said, "Well Sir, if you think that, I had better look up my tools and go—we had a good deal of conversation about this and other matters—I then went to the front of the shop where my brother stood, and after that I went outside the shop, and the prisoner came to me and said he was very sorry for what he had done, and hoped I would overlook it, and allow him to remain—I told him if he would promise me to make amends for it I would overlook it, and he remained in my mother's service.
Cross-examined by MR. BALLANTINE. Q. The colours are of trifling value? A. Not above 3s. or 4s. perhaps—only the prisoner had access to the drawer—he had the key—I looked at it when my attention was drawn to it by a lad named Alfred—the prisoner said the colours were given to him, he could not tell by whom.
MR. BRIERLY. Q. Do other persons generally have access to the drawer? A. No-the prisoner ought to have had the key in his pocket.
1379. RICHARD PHILLIPS was again indicted for stealing 12 3/4lbs. weight of solder, value 6s. 5lbs. weight of white lead, 1s.; 1 wooden bucket, 6d.; 1 brass tap, Sd; and fibs, weight of wire, 9d. the goods of Elizabeth Howard, his mistress.
PETER KENDALL (police-constable P 1.) On Saturday, the 6th of June, about one o'clock, I saw the prisoner in Camberwell, in a street leading towards Denmark-hill—he went towards Cold-harbour-lane—I ran there myself, a few minutes afterwards, and did not see him—I ran till I came to a passage about two hundred yards up Cold-harbour-lane, looked through the
passage, and saw him standing with something under his arm—I thought it was a paper parcel, I had seen the same parcel in his hand in High-street—I did not go down the passage but returned to the bottom of the lane again, and there I met him—he seemed very pale, and appeared to have been running very hard, being very short of breath—he had nothing with him then—I asked him where the parcel was which he had under his arm—he said he had nothing—I said, "I saw it under your arm"—he said, "That was my dinner"—I asked what he had done with it, he told me he had thrown it away up a passage—I said I should take him in charge for robbing his employer—I took him to the station—I afterwards returned and found this basket (producing it) containing 11 3/4lbs. weight of solder and other things, in a carpenter's shop, at Denmark-hill.
Cross-examined by MR. BALLANTINE. Q. Did you see him with that basket? A. I was too far off to see what it was but it was something brown—he did not tell me I should find it at Clavey's—I had no communication from his master before I took him—I took him to his master, and he charged him with stealing colours, and aftewards this pewter—he did not know the pewter was found at first—when I received information I was to take him in custody for stealing colours—I have known him three years, and know nothing against him—he was the last man I should have suspected of committing a robbery.
JAMES BRIDGEN . I am a carpenter and live with my father, at 7, Crown-square, Camberwell—I am in the service of Mr. Clavey, of Denmark-hill—on Saturday, June 6th, between one and two o'clock the prisoner came into the shop, and asked if he might leave a basket there—I did not look into it—I delivered it to the police-sergeant—our shop is about twenty doors past Coldharbour-lane, and four or five doors from the passage.
WILLIAM HOWARD . I live with my mother, Elizabeth Howard—on Saturday, 6th of June, I received information, went to the station, and saw this basket and the things in it—this piece of solder belongs to my mother—I know it by a mark upon it—it is a mould we cast them in ourselves—this is an accidental mark on it—I produce a corresponding piece—I cannot swear so particularly to the other articles—I do not know the basket—I cannot swear to these buckets—they have no private mark upon them—we had such things as all the articles here, and have missed several things—the prisoner was in my mother's employment that day—I had given him a bar of solder to use the day before—this mark is caused by a crack in the mould—we pour water on it when it is in the mould—and that has caused it to crack—I can swear to it—this copper wire I cannot so particularly speak to—it is very much like some I had in the green-house.
Cross-examined. Q. Had you given information, previously to your knowledge of this affair, which led to the apprehension of the prisoner? A. I did—I did not charge him with stealing the colours—I mentioned it at the station-house—the information that I received was not that he had hired himself to somebody else—I never heard that before—we deliver out a quantity of solder at a time to work up, and they give us an account of what they work up every Saturday night—they are not entitled to keep possession of it till Saturday night, it is so sometimes—he would have whatever solder he wanted on applying for it—he keeps a book in which be enters the quantity he uses, and accounts to me for the consumption when he finishes the work—sometimes the work is not finished on the Saturday, then it goes over till the following Monday or Tuesday—the job he was on at this time was not finished—he had 30s. a week.
JURY. Q. Did you weigh the metal before you gave it him? A. No part
of it formed the metal I gave out that Friday, or at any time—my brother gives solder out, he is not here—the articles in the basket were not necessary for the job the prisoner was about at all—he had not accounted to me for what I gave him out—I gave him one bar on Friday, but not this bar—I know that because the one I gave him on Friday was not cast by ourselves, we were out of solder, and were obliged to bay it—I cannot say that I missed this bar at all.
NOT GUILTY .
Before Mr. Baron Rolfe,
1380. THOMAS MADDEN was indicted for feloniously cutting and wounding James Baker, with intent to kill and murder him:—other COUNTS stating it to be with intent to do him some grievous bodily harm, or to prevent the lawful apprehension of a certain person.
MESSRS. BODKIN and HUDDLXSTON conducted the Prosecution.
JAMES BAKER (police-constable P 98.) On Sunday, the 31st of May, I was on duty in Bowyer-lane, Camberwell, about two o'clock, and saw a man put his head over a hedge—when he saw me he drew back again—I stood a few minutes for another constable to come up, but he did not, and I went round into the field to see what the man had got there—I saw the prisoner and another man laying under the hedge—when they saw me they ran away—I followed, and overtook the other man—I asked what he had been at there—he said, "Nothing"—I said, "You must go back to satisfy me what you have been at, or have got"—I said I was a constable—he said he would go back, but all the time kept trying to get from me—I had hold of him—he struck me several times—I told him to be quiet but he would not-the prisoner was in the lane full 100 yards of£ but could see what was going on—the man called out, "Bill"—the prisoner then came back and picked up my hat, which the other man had knocked off, and held it out to me—I took it with one hand—the other man was striking me all the time—directly I took the hat the prisoner struck me—I begged him to be quiet—I said they had better be quiet and go with roe to the place where they had been laying to satisfy me what they had been at—I took out my policeman's staff—the prisoner saw it—I used it and broke it asunder—they were very violent indeed after I broke my staff—the prisoner rushed on at me—I drew a pair of handcuffs from my pocket and said I should strike them with them if they did not keep away—they both flew in at me, got the handcuffs away, and got me down on the ground—the prisoner stamped on me several times—he had his shoes on—he stamped on my stomach—I warded it off with my hand and begged them to keep away—the prisoner went away, leaving the other man there—he returned and said to the other more than once, "Let us kill the b----r," and he kicked me on the bead while I was on the ground—I showed that wound to the doctor—my head was cut very much—they both kicked and beat me, but the other did not kick me to hurt me—I believe the prisoner kept on kicking me, saying, "Let us kill the b----r," kicking me on my head and body several times, and cut me under the chin with his foot—I became senseless—I saw two women standing at a distance before I was knocked down—the prisoner and the other went away—I saw him again next morning crossing Camberwell-green and gave him in charge—I have been under the doctor's care ever since—I afterwards searched the field aud found a woman asleep under the hedge fifteen or twenty yards from the spot where the man peeped—she was drunk, quite senseless, and about twenty-two years old.
Prisoner. He and the other man were beating each other when I came
up; be pulled out the handcuffs and struck me before I said a word. Did not I tell you to let the man go? Witness. No.
DEBORAH HUDSON . I live in Love-court, Camberwell-road. On Sunday morning, the 31st of May, about three o'clock, a niece of mine was out—I was looking after her with my daughter in a field at the side of Bowyer-lane—I heard a great noise in the road like fighting—I went to see what it was—I saw Baker on the ground in the road—two other men were about him, and seemed to be beating him—the prisoner came towards me—I said, "What is the matter down there"—he said, "It is only me and my mate having a few words," he was not one of the men who were fighting, he bad come away from them—I said, "Go back and try to make it up"—the other man who was beating Baker called to him several times—I think it was, "Jack why don't you come this way?"—the prisoner went back directly, and as he went said, "D—n him, we'll kill him out of the way at once"—I then looked round again and saw the prisoner stamping on Baker—he jumped on him—as I went towards them I saw him jump on his belly two or three times, and the last time he slipped off him—I heard them swearing—I and my daughter ran away calling, "Police"—we returned in five or six minutes—Baker was still on the ground—the prisoner and the other man had run across the fields—I saw them run different ways—I went to Baker and saw his head bleeding—he appeared hardly able to stand—I saw one of them throw something out of his hand just before they run away—I am certain of the prisoner.
CHARLES JONES (police-constable P 230.) I was on duty, and heard a cry of "Police"—I went and saw Baker in the middle of the road staggering towards the fence so disfigured with dirt and blood that I did not know him at first—he bled from the nose and back of the head—in consequence of information from him, I went round to the new building.
JOHN HARRISON (police-constable P 78.) I was on duty, and saw the prisoner three times that morning-the last time at twenty minutes past three o'clock, going down Camberwell new-road, towards the green, walking away as fast as he could from where this occurred, and nearly half a-mite from the spot, coming in a direction from Bowyer-lane—he was in company with another man—I knew him before by sight—I had some conversation with him about being out so early—I have not a doubt of him—the first time I saw him was in the New-road, about twelve o'clock, near the place I met him—he was then going towards Bowyer-lane, with another man and two women—the second time was at two o'clock, in a field called Matts-field, better than a quarter of a-mile from the spot—the same man was with him, and a soldier—they were standing still—the same man was in his company, on all three, occasions.
RICHARD DAVIS (police-constable B 55.) I was on duty on Monday, the 1st of June, and saw the prisoner on Camberwell-green—Baker pointed him out—I told him he was charged with ill using Baker, one of our men—he said he knew nothing about it—in going to the station I asked if he knew the party who was with him on Sunday morning—he said he knew nothing of him—he had never seen him before.
JOHN SAMUEL FLOWER . I am surgeon of the P division of police. On Sunday morning, the 31st of May, I was called to attend to Baker, who was bleeding from the head—he had a wound on the right side of the crown—it was a scalp wound, and penetrated to the bone—the scalp was divided to the extent of about an inch—it might be caused by a violent kick—he had a lacerated wound on the nose, the skin cut and torn—that might also have been the consequence of a kick—he complained very much of his chest, and had
great difficulty of breathing—it was the effect of congestion, or determination of blood to the lungs—I considered him seriously injured, and bled him freely, and gave him medicine—he is under my care now—he still suffers from irritation about the vessels of the brain, and pain in the chest—he is not able to return to duty, and is likely to be unable for some time.
Prisoner's Defence, He and another man were beating one another; I told him to let him go; he said he would serve me the same; he pulled out the handcuffs and struck me with them.
GUILTY on 2nd Count. Aged 25.— Confined Two Years.
1381. SAMUEL EALES was indicted , for that he and one Thomas Smith being armed with certain offensive weapons, to wit, pistols and daggers, in and upon Thomas Phillips feloniously did together make an assault, putting him in fear and danger of his life, and violently and feloniously did together rob and steal from his person and against his will 1 £10 Bank-note, his property.
MR. CLARKSON conducted the Prosecution.
FRANCES GALLAVIN . I am a widow, and live nt Mr. Thomas Hamblin's, Cray lord-row, Cold-harbour-lane, Camberwell—Mr. Hamblin is a cripple. On Sunday, the 14th of December, about a quarter to eight o'clock in the evening, there was a knock at the door, I opened it, and found a man named Smith, who I gave evidence against here—he gave me a letter, and told me to deliver it to the lady of the house—I said I should not take it unless he told me where it came from—I at last took it and delivered it to Mrs. Hamblin—he said he would shoot me if I did not deliver it—Mr. Phillips, who was in the house, came out to him-there was a conversation between Mr. Phillips, Mrs. Hamblin, and the man, about £10, in the passage—after that he went to the door, whistled, and the prisoner came to the door—I am sure he is the man-Smith then went along the passage to the garden-door, and stopped Mrs. Hamblin from going out—the prisoner remained about a minute, or rather more—I afterwards saw Mr. Phillips hand Smith a £10 note—I think the prisoner had left then—I was close to him when he came in—there was a light in the hall—I have not the least doubt of his being the man.
Prisoner. Q. What do you swear to me by? A. By the lower part of your face—I was much agitated—I did not swear to you by the tip of your chin—your hat was over your eyes, and you held your head down.
THOMAS PHILLIPS . I am a Custom-house agent, and live in Stoke New-ington-road—I am Mrs. Hamblin's brother-in-law. On Sunday evening, the 14th of Dec, I was at her house—her husband is quite helpless—about eight 'clock Mrs. Gallavin came into the room, and delivered a letter to Mrs. Hamblin, who afterwards came to me in the greatest agitation—in consequence of what she said, I went into the next room, where she read the letter—I went into the passage, and saw Smith—I had some conversation with him—he went to the door and whistled, and a man came up, armed with a dirk, or something very much resembling it, in his right hand, and a pistol in his left—I believe the prisoner to be the man—Smith also had a dirk, and, while speaking to him, he pulled a horse pistol from his left pocket—I said, "Pray, what is your business here?"—he said, "I am come for the money that there is in the house; and if you do not get it presently, I shall call for the men who are outside, eleven or twelve in number, as is stated in the letter, and the house will be plundered"—I said, "We live in a free country, and are not in the habit of having our money taken in this way"—(I was afraid of getting shot)—he then went to
the door and whistled, and the prisoner came in armed—Smith spoke to him in a low tone of voice, which I did not hear—the prisoner then went out again—Smith appeared to notice that I was looking at him—he said some time after if he could get 10l. he would leave the house altogether—that was in less than five minutes—Mrs. Hamblin came to me—I told her, in his pre. sence, of his offer—I had a 10l. note in my pocket, and gave it to him, with her assent—I said to him, "There is 10l. now, be off with you"—he took it, and was going out—I followed him—he turned round, and presented the pistol within six inches of my breast, and vowed, if I followed him, or even looked after him, he would shoot me—I had received the note from Williamt, Deacon, and Co.
COURT. Q. You offered to give him the 10l. note; what had passed between you and Mrs. Hamblin before that? A. She came to me in great agitatioa I said, "If you have any money, the best way is to get rid of bad customen"—she went up stairs, and had not been up two minutes before the man said;" Is that lady coming down? if she is not down in two minutes the home will be plundered"—I went up to her—she was getting out some notes—I said, "Put them away, I have a 10l. note I can get the number of, that may lead to detection"—I do not think the prisoner was there above a minute and half.
MRS. GALLAVIN re-examined. Q. Smith said if you did not deliver the letter he would shoot you? A. Yes—he took a pistol from his pocket—that alarmed me, and induced me to take the letter to Mrs. Hamblin—she went to Mr. Phillips with it—I afterwards heard Mr. Phillips say to her, "I have a 10l. note in my pocket, shall I give him that?"—at that time Smith stood in the hall, and within hearing—he proceeded to the door, whistled, and then the prisoner came in—I do not know how long he staid, but I was present when the note was given to Smith.
CATHERINE HAMBLIN . I am the wife of Thomas Hamblin, of Crayford-road—he is paralysed. On Sunday evening, the 14th of Dec, I remember Gallavin bringing me a letter—this is it—I read it to my brother—it alarmed me very much—my brother Phillips went out—I went to the back door afterwards, and came back—I gave an alarm to the servant of next house, theo returned, and met Mr. Phillips—he told me Smith had said if he could get 10l. he would go quietly-Smith presented a pistol to me—I cannot say whether I saw the second man in my fright—I went to the back drawing-room, to endeavour to escape—I opened the shutter—the man came round at the outside with a pistol and dagger—he presented his face to me at the window, with the dagger—I ran away from there—I went up stairs, and heard him call out, "Is that lady coming? two minutes more"—Mr. Phillips came up stairs to me, and said he had 10l., should he give it to him? which he eventually did—(note read)—"My Lady—I write these few lines to inform you, I haw been sent here by a gentleman for your money, and I must proceed in getting it; and if you refuse me, the men outside, twelve in number, will come in and plunder the house, and if you make any noise, your lives will be in danger. For the Lady of the house.
STEPHEN HARRIS (police-constable P 49.) On this Sunday evening I was on duty in Cold-harbour-lane, and saw the prisoner in Crayford-road, about twenty minutes to eight o'clock, about thirty yards from Mr. Hamblin's—when I went down the road at first he stood on the right hand side—I went by the house, came back again, and he stood a little out on the left of the road—I said to him, "It is a cold wet night"—he made some answer I could not hear—I stood, and looked at him distinctly—I thought he was
waiting for a young woman—I am quite certain he is the man—in a quarter of an hour or twenty minutes I heard what had happened at Mr. Hamblin's—I went there, and found them all in a state of great alarm—they could not speak for some minutes, Mr. Phillips among the rest.
Prisoner. Q. What do you speak to me by? A. Tour features—I believe you had a coat or jacket on.
ANN HALES . I am the wife of Jametf Hales, who was tried here by the name of Smith, for this offence, last Jan.—the prisoner is my husband's brother—I received a 10l. note from my husband before his trial, on Wednesday, the 15th of Dec., and paid it to Attenborough, a pawnbroker, to redeem a watch—on the Sunday, the day before that, the prisoner was at our house, No. 3, Catherine-place, Walnut-tree-walk—Alfred Jones, who has been tried here, was with him—I was examined on his trial—while they were all three at our house, Jones, in their presence, wrote a letter, which my husband dictated—I remember Crayford-road being mentioned—it was directed, "For the lady of the house"—I should know it again—I believe that produced to be the letter—I cannot read it—they all three quitted the house, about half-past five o'clock, together—none of them returned that evening—my husband returned next morning, and gave me the note, which I paid to Attenborough—I gave my husband the change—I afterwards accompanied him to a public-house in Union-street, and there met the prisoner—I saw my husband give him five sovereigns, and said, "That is your share"£the prisoner said nothing while the note was being written—he was present.
GEORGE EDWIN GILL . I am foreman to Mr. Attenbo Tough, pawnbroker, of Bridge-house-place, Newington-causeway. On Monday, the 15th of Dec, the witness Hales paid me this 10l. note, and redeemed a watch—she paid me 2l. 3s. 4d.—I gave her the difference—this is the note—it has my hand writing upon it.
LYDIA ELLIS . lam the wife of Benjamin Ellis, a bricklayer of No 1, Bennett's-buildrngs, Kennington-lahe. In Dec last I lived at No. I, Catherine-place, Walnut-tree-walk—I know Mrs. Hales—she took a room of me when I lived at No. 3—I know Hales, who was tried here as Smith—he tarae as her husband—I know the prisoner by his coming backwards and forwards to No. 3—on Sunday, the 14th of Dec, a little after five o'clock, I saw him go out with Smith and Jones, who have been tried here.
Prisoner. Q. How many times have you seen me come to the house? A. Several times between Nov. and 14th of Dec.—I am sure you are the wme man.
JULIA SAWYER . I live with my husband, at No. 11, Bennett's-buildings. In Dec. last I lived at No. 2, Catherine-place—I know Mrs. Jones—that is the woman—(Mrs. Hales)—the lived at No. 3—I know the prisoner by seeing him pass my door to go to Mrs. Jones's—I have seen him go there often—on Sunday, the 14th of Dec., about dusk, I saw him in Catherine-place—Jones and a lame young man were with him—Jones has been transported in the name of Smith—the two men he went out with that evening were the two men that were afterwards tried here.
SAMSON DARKIN CAMPBELL . I am inspected of the P Division of police. I apprehended the two other persons—on the 15th of May I took the prisoner in Upper Marsh, Lambeth—I crossed over to the door—he was about to ring said, "How do you do, Eales?"—he said, "That ia not my name"—I said, Nonsense, your name is Samuel Eales"—he said, "You may call me so, but that is not ray name"—I said, "Whether it is or not, I shall take you into custody for the robbery in Cold Harbour-lane, Camberwell"—he said, I was not there"—I had been in search of him nearly three months—I have
produced the 10l. Bank of England note which I got from Mr. Reynolds, of the Bank of England.
Prisoner. You asked if my name was Samuel Hales—you put H to it. Witness. I said Eales.
Prisoner. Q. What street was I taken in? A. I cannot tell-there is a cork-manufactory in it.
THOMAS PHILLIPS re-examined. I believe this to be the note-the note I gave the man was the one I received from Williams and Deacon, I am certain, but I cannot say this is the identical note—I only received one 10l. note, and had but one in my pocket—I received it in exchange for a check for 11l. odd, on the 10th of Dec.
(The prisoner put in a written defence, stating that the policeman Campbell had given the witness Hales two guineas to give evidence in the case; and ht himself was prepared to prove an alibi.
ELIZABETH EALES . I am the wife of David Eales, the prisoner's brother, and live at No. 3, Baron's-buildings, Lambeth. On Sunday evening, the 14th, the prisoner came to the house between six and seven o'clock, and staid till nine.
MR. CLARKSON. Q. How do you get your bread? A. My busband works for me—he is not here, he is at his work, at Mr. Morrisson's cork-factory, Mason-street, Upper-marsh—I know Ann Hales, she is the wife of my husband's brother, who used to go by the names of Smith and Jones—my husband was at home that Sunday evening—he was in bed, and I and the prisoner were there—I was attending to my husband from six to nine—the doctor considered he had a brain fever—the prisoner was in the bed-room—we had but one room—he did nothing all the two hours and a half but sat talking to my husband, about his illness—we bad a clock, it struck nine just as he went out—I had no reason for noticing the day, only my husband was very bad—he got well in about a week, and his been well ever since—he was at work yesterday at Morrisson's cork-factory—I have been to see the prisoner in gaol three times—I saw him last Monday—my husband has not been to see him—I have not taken him money or food—my husband could not go to see him—I left my husband at work to-day, and I told him I was coming here—he could not come himself.
COURT. Q. He talked to your husband about his illness? A. Yes—my husband complained about his head being so very bad—I cannot say when Smith was taken—I believe it was some time after—my husband could talk very little to the prisoner—he was so affected—he was attended by Mr. Brooks, the doctor—he was rather light-headed on Saturday, not on Sunday.
GUILTY . Aged 23.— Transported for Life.
with the prisoner, No. 2, Neat-street, Coburg-road, Old Kent-road; the prisoner occupies one front room. On Saturday, the 6th of June, toon after twelve o'clock at night, I saw the prisoner come home, out of a I public-house—he was very drunk and quarrelsome—he went up stairs into his bed-room—I went to bed—I did not hurry myself to bed—after I had been in my bed-room some time, I heard a scream of "Murder!" from his wife—that was about half-past twelve—I came out of my room, and saw his wife standing on the landing-place, in her shift—the door of his room was open, and the prisoner was against the door—he shut the door, and shut himself in—his wife was out—she screamed, "Oh! my child," three times—I opened the room-door, went in, and saw the prisoner standing at his child's feet, and was about to strike—he had a weapon in his hand, which is called a "glen"—I caught it from his hand, and prevented him, and sent him across the room—I said, "You villain! what are you at?"—he never spoke, but stood amazed—the child was lying in bed, in his blood—his head was hurt—his name was Henry, and he was nine years old—I screamed for assistance—I never heard the prisoner speak a word after he came in.
ARTHUR BOWES (police-constable P 103). I am on the Coburg-road beat. On Sunday morning, about half-past one o'clock, I was called into the prisoner's house—I went to his room, which is on the first floor—on entering the room, I saw him standing, with nothing on but his shirt—he seemed drunk—he told me he would put his clothes on and go quietly with me—I told him when I entered the room, there was a very serious charge against him, for striking his child on the head—he said he knew he had done it, and he hoped he had done it effectually, that he had had it in his mind for six months past—he put on his clothes, and after that repeated what he had previously said, he hoped he had done it effectually—he went with me—I found this instrument at his lodging—it is a combmaker's instrument—he is a corabmaker.
HENRY CHAMBERS . I am a surgeon, at No. 6, Surrey-place, Old Kent-road. On Sunday morning, near one o'clock, I was called into the prisoner's house, to see a little boy—I examined him, and found a severe contused wound on the right temple—the right eye was very much bloodshot—this instrument would produce such a wound—the child is now recovered—I did not see the prisoner at that time—I saw him on his way to the police-station—I asked him how he came to do such a foolish thing—he said he wished the poor boy was dead—he spoke affectionately of the child—he was in a very excited state, as a roan in liquor would be, and repeated similar words—his mind appeared to be in a very unsettled state—he appeared to know what he had done, but I can scarcely say.
Prisoner. I have twelve children, and never laid a hand on one of them in my life before; I was intoxicated, and have no recollection of what passed.
GUILTY of a Common Assault. Aged 51.— Confined Six Months.
Before Mr. Recorder.
JOHN TILLEY . I live at County-terrace, Harper-street, Kent-road. On the afternoon of the 16th of June I was in company with George Grout at a cook's shop in High-street, Southwark—I came out of there, and Grout gave me a half-crown and two shillings—the prisoner was standing close by at the time, and made a grab at the money—I closed my hand, and said, "What did
you do that for?"—he said, "You old b——, if you don't like it, take that," and up with his hand, and knocked me down—I got up and asked what he meant by that—he knocked me down again and kicked me—I do not know whether he was intoxicated—I am quite sure he aimed at my money in my hand—I clenched my fist to prevent his getting it, and then he knocked me down.
GEORGE GROUT . As I came out of the cook's shop I gave Tilley 4s., 6d. I saw the prisoner come behind him, and make a snatch at the money—I am sure he was snatching at the money—Tilley said, "What do you mean by this?" pulled his hand away, and put the money into his pocket—the prisoner said, "You b----, I will tell you what I mean," and directly knocked him down—he knocked him down twice—I got between them, and he said he would serve me the same, he would rip my b----guts open if I interfered—I gave him in charge.
GEORGE TOMPKINS (police-constable.) At a little before two o'clock in the day I saw a disturbance, went up, and met Grout coming towards me—he said, "Make haste"—I went, and the prosecutor gave the prisoner into custody, and charged him with assaulting him and attempting to rob him—the prosecutor was bleeding at the ear—I said to the prisoner, "Roach, you must come with me to the station"—I knew him before—we met Granvill, and all of a sudden the prisoner drew back and struck him a violent blow, saying, "If you want anybody to lock your jaw, I am the boy to do it for you"—another constable came up, and he assaulted him.
THOMAS GRANVILL (police-constable N 251.) I assisted the last witness, and told the prisoner to go quietly—he said, "If you want your jaw locked, I am the boy to do it," and struck me a violent blow on the jaw.
Prisoner's Defence, I had been drinking all the morning, and do not recollect a word about it; it stands to reason I should not attempt, to rob at that time of day.
WILLIAM ROWE (police-constable N 10.) I produce a certificate of the prisoner's former conviction—(read—Convicted 3rd Jan., 1842, of cutting and wounding, confined eighteen months)—I was present at the trial—he is the person—he has been tried at the Petty Sessions, and had two years.
GUILTY . Confined Three Years.
Before Mr. Common Sergeant.
ELIZA HASTINGS . I am the daughter of Ann Bennett. On the 1st of June I went to Mr. Sprunt's, the pawnbroker's, for the shawl—it was put on the counter—the prisoner was standing there—I left the counter, leaving the shawl there—I returned in about two minutes—it was then gone, and the prisoner also—I am sure the prisoner had been next to me—there had been another young woman there, who went out before me, and she and I came back together—as I was going home I saw the prisoner talking to two women—I asked if she had been to Mr. Sprunt's—she said, "No"—I said there was a shawl missing, and she was like a person who had been there—I asked her to let me look under her bundle, and she would not—she said, what did I want—I asked her to go back to Mr. Sprunt's, and she would not—she said I night come to her house—I went to Mr. Sprunt's, and the young man came with me to her house—the shawl was not there.
JOHN GOOD . I am in Mr. Sprunt's employ. On the 1st of June the duplicate was given up, and the shawl was produced on the counter, bat who took it I cannot tell—I cannot swear it was the prisoner who took it—I went to her lodging, but did not find anything.
JAMES COLEMAN (police-constable M 159.) I went to the prisoner's house—I found nothing at first—I returned in ten minutes, on an alarm of fire being given, and I found the prisoner on the ground floor—she slammed down the window and ran away—I attempted to enter at the door, but was unable to do so—I then went through a neighbour's house, and got in at the back pait of ihe premises—I saw the prisoner attempting to fasten the back door—I made my way up stairs to where the smoke prooeeded from—I saw a fire made from straw—I stamped it out with my feet, and I proceeded to the attic—I saw no fire there—I returned down again, and found it was the shawl that was burning—my brother officer found part of it in the fire-place, and 1 found the remaining part.
Prisoner. You said the door was fastened, that is impossible; there has been no fastenings to it; I was in hysterics. Witness. You were when I first went to the house to make inquiry.
NOT GUILTY .
GUILTY . Aged 52.— Confined Nine Months.
JAMES DARDS . I am apprentice to Andrew Datrson, of Vauxhall. On Friday night, the 22nd of May, at half-past eight o'clock, I was looking over our garden—I saw the prisoner and five other boys come along the shore—I watched them—the prisoner and another came and let go of some rope from our blocks—the other boy took the rope and passed it to the prisoner, who rolled it up in his pinafore—I ran down the dock and caught him—he dropped it, and ran into the water—I fetched him out with a boat—he was in the water twenty minutes before I could get him—this is the rope—it is my master's.
Prisoner. Another boy gave it me.
GUILTY. Aged 10.—Recommended ta mercy by the Jury. — Respited.
GUILTY . Aged 19.— Confined One Year.
ANN SHOULER . I am the wife of William Shouler. This watch is my son Thomas's—I saw it safe at two o'clock in the day on the 1st of June—I afterwards missed it—the prisoner lodges next door to us at Wimbledon.
SOPHIA COOLEY . I heard of this—I went to the prisoner and told her the policeman was after her, about having stolen a watch—she seemed dreadfully agitated, and walked up and down the yard—at last she went into a little
shed, and I saw her in a stooping position—I went to the spot and found this watch.
GUILTY . Aged 31.— Confined Three Months.
GUILTY . Aged 15.— Confined Nine Months.
MR. DOANE conducted the Prosecution.
CHARLES STOKES . I live in Gloucester-row, Walworth, and am a leather-seller. Curtis was in my employ in April last—he had been with me two or three months—I missed some boots—I cannot swear to this pair of boots, though I think they are mine—they are such as I missed—I did not manufacture them—Curtis would have access to them if they are mine—they are worth about 3s.—I know the prisoner by sight—I have seen him close about my premises—there is a stall kept by a cobbler close by—I have frequently seen the prisoner there—he would have an opportunity of seeing Curtis.
WILLIAM CURTIS . I was Mr. Stokes's errand-boy for two or three months—I first saw the prisoner last Easter Monday—he lodged at Mr. Waldrom's house, close by—on Easter Monday I was going, after I had done work, towards the Green Man in the Kent-road—I saw the prisoner and Waldrom and his son—the prisoner asked me to go with him down the road—I said, "Yes"—we were going down the road, and the prisoner called me in front, and said I could do some boots there—I asked what he meant—he said I could steal them from my master—I said I would not—he said I could—we walked on—Mr. Waldrom came up, and we said nothing more about it that night—I saw him afterwards at various times, and he pressed me to give him things—he said I should, and at last, at the latter end of the Easter week, I brought him out a pair of boots—I gave them to the prisoner in Waldrom's house—he gave me 6d. for them—I did not hear what he had done with then—I do not think the pair now produced are the same—those I took were open in front—I could not swear I did not take these.
COURT. Q. How many pairs did you take him? A. Four pairs of boot and some shoes—this might have been a pair I took him, I could not say exactly.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
WILLIAM CURTIS . The prisoner was working near my master's—after some conversation with him I consented to rob my master—about the 29th of April I handed a pair of boots to the prisoner—they were such as these—I
handed these to the prisoner in Mr. Waldrom's house—he paid me 6d. for them the next day.
Prisoner. He gave me a pair to pawn for him; I pawned them; in the course of a few days he came again; I had disposed of a pair before and I gave him 3s. for them; I pawned these for him and gave him the money; I did not know Mr. Stokes dealt in boots, or anything but leather; I had been to his shop for little things frequently; I did not know they were stolen.
THOMAS ROBERT SPIGIB . I pawned a pair of boots at Mr. Law's on the 29th of April—they were very much like these—I got them from the prisoner—he asked me to pawn, them—I have known him two or three months.
RICHARD LAW . I am a pawnbroker, and live at Camberwell. This pair of boots was pawned at my shop on the 29th of April in the name of John Smith—I am not positive who by, but I have every reason to believe it was Spicer—I Am not positive.
WILLIAM MORTON (police-sergeant P 7) I took the prisoner on the 10th of May—I told him the charge against him was, stealing boots and leather, the property of Mr. Stokes—he said, "Leather, I know nothing abont that; I was only told it was taken through our passage"—I found on him some duplicates—he said afterwards he received three pair of boots from Curtis.
GUILTY . Aged 25.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
CHARLES STOKES . I live at Walworth, and Curtis was in my service—I missed some leather—I think it was early in May—it has not been found since—I had seen it two or three days before—it was about two feet wide and three feet long—it was sole leather, what we term the neck end of a butt—it was worth 12s. or 14s.—Curtis had access to the shed where it was placed—I have seen the prisoners frequently—Waldrom's yard comes to the side of my yard—I have seen the prisoners about—I cannot say that I have seen them at Waldrom's.
Cross-examined by MR. PARRY. Q. You lost a piece of leather, was it about 10lbs. weight? A. Yes—I missed it two or three days after I saw it safe—it was a piece of foreign butt—Curtisisnotin my service now.
WILLIAM CURTIS . I was in the service of Mr. Stokes—the two prisoners used to be hanging about our place—I know Waldrom's—I have seen Smith there—I have known him five months—I have not known Alexander so long—I remember my master having such a piece of leather as he has described—I stole it from him about half-past ten o'clock at night or a quarter to eleven on the 2nd of May—Alexander was then on the fence of the next yard, and Smith was in the yard of the next house to Waldrom's—I lifted the leather up to Alexander—Smith was down in the yard—the prisoners had both been about all the evening—they said they wanted money, and money they would have—they followed me all the way to Walworth-common, and told me that Walters had told them I had given him my master's boots, and they said if I did not give them something they would go and tell my master—the leather I gave them was about two feet wide and three feet long—I lifted it up and they took it—I went at eleven o'clock to shut up the shop, and in coming home I met the prisoners—they said they had put away the leather and had got 5s., and if I would come with ihem they would give me my share—I got 1s. 2d. of them.
Cross-examined. Q. How long were you with your matter before you began this game? A. About two months—I did not begin till after I had seen Walters—I had before been with Mr. Shadbolt, in the Strand, an upholsterer—I did not steal anything from him—he did not turn me away for thieving—gave him a week's notice, and discharged myself—I had 6s. a week, and only 5s. 6d. at Mr. Stokes's, but it was nearer home.
Smith. I was not near the premises; I never saw you till you came into the London-road and asked me to sell some leather for you; I told yen to go away; I saw you again, and you wanted me again to do it, and told me you would give me a halfpenny. Witness. No, I did not.
SAMUEL SALMON . I live in Cottage-place, New-street, Kent-road; I am a porter. On the night of the 2nd of May I saw the prisoners at Mr. Best's house, opposite where I reside, about half-past ten, or a quarter to eleven o'clock at night—that is about two minutes' walk from Mr. Stokes's—they had a roll of leather with them about three feet long—they took it into Best's house—I know Best as a neighbour—he came and said something to me, and from what he said I went and listened at the shutters—Best and his wift were there, and Best offered 4s. 6d. for the leather—the prisoners would not take it—they wanted 5s.—they sent round to a man named Ward—he offered 5s. 6d. for it—they said they would take that—they then took it away in the direction of Ward's, but I did not follow.
Smith. He said he saw Curtis go into the house that night, and his aprot caught in the door. Witness. No—I said there was another party, but I could not say who it was.
Cross-examined. Q. Do you think it was Curtis? A. No.
MARY SALMON . I am the mother of Samuel Salmon. I remember some articles being brought to Mr. Best's house that night, by persons about the height of the prisoners, but I could not swear to them—Mr. Best came oter, and said something.
WILLIAM MORTON (police-sergeant P 7) From what I was told, I watched Mr. Stokes's premises on Sunday, the 3rd of May. I saw Smith about for some time—he then went away—I saw him again on the Monday, the Taesday, and the Wednesday—on the Monday night he and Alexander went into Waldrom's passage—on the Tuesday night I saw Smith get on the paling! between Mr. Stokes's and Waldrom's—on the Wednesday I saw the prisoners again in front of Mr. Stokes's—I did not apprehend either of them—I did not see them on the 2nd of May.
GEORGE QUENNENT (police-constable P 201.) I watched the premises on the 3rd of May—I saw Smith in company with Curtis close by Mr. Stokes's, and on the evening of the 4th of May I saw the two prisoners in the back garden of Waldrom's house—they remained there about ten minute—it was about half-past eight o'clock at night, or a quarter to nine—they coughed and went away-Smith took a handful of gravel or stones, and threw them on the roof of a shed, and Alexander stood by.
Smith. Curtis says this to get himself off; he was in Horsemonger-lane.
SMITH— GUILTY . Aged 22.— Transported for Ten Years.
ALEXANDER—Aged 18.— Confined Three Months.
Before Mr. Recorder.
1393. GEORGE JONES, DANIEL HOBDEN and JOHN MUNDAY were indicted for stealing 17 pieces of iron, value 3l.; and 17 pieces of iron railing, 3l.; the goods of Henry Groom, and fixed to a certain garden of his: and THOMAS WOOD fur feloniously receiving the same, well knowing them to have been stolen; to which
JONES pleaded GUILTY . Aged 12.— Confined One Month.
HOBDEN pleaded GUILTY . Aged 11.
MUNDAY pleaded GUILTY . Aged 13.
Confined Seven Days.
THOMAS CAMPION LAWRENCE . I live with my father, Edward Lawrence, io Sutherland-square, Wai worth. I was in the square on the evening of the 26th of May, and noticed that several of the railings of the enclosure were broken off—I saw Jones and another boy—Jones threw down three piece of the iron rails of the enclosure—it belongs to Henry Groom—I could not identify any boy that I saw, but Jones.
CHARLES JOHN DENNIS . I live with my father, Jesse Dennis, at Walworth. I was playing with these boys in the field on the 26th of May—Jones took up a stone, and happened to hit one of the knobs of the rails, and it came off—then he, Hobden, and all of them threw at them, and knocked nine more of the knobs off—Jones picked them up and said, "Let us go and sell them," and they went to Wood's—I saw them all go into the house—I stood outside the door—Wood put the iron into the scale, and brought oat 4d.—one of them took 2d., and another 2d.
Cross-examined by MR. COOPER. Q. At what time did they go to Wood's? A. In the morning, between breakfast and dinner-there were two men in the other room.
WILLIAM MORTON (police-sergeant P 76.) I was at the station—I heard from Jones who the other lads were—I apprehended Hobden—I told him it was for being concerned with Jones and another in stealing seventeen tops of iron rails—he said he was with them, but he was not the worst, Jones was the worst, for he took them—I went to Wood's next morning, and took one of the iron tops—I charged him with receiving a number of them—he said he did not know they were stolen—I found six rail tops in his yard, under some old iron.
Cross-examined. Q. Do you know the worth of old iron? A. No—there was nothing to prevent my searching.
WOOD— NOT GUILTY .
MR. HUDDLESTON declined offering any evidence
NOT GUILTY .
MR. DOANE conducted the Prosecution.
Bull, at Peekham, about four o'clock—I saw Seele there—we talked and drank together—her husband was there—I do not know exactly what money I had when I was there—I saw my money safe last at Mr. Smith's, at the Hop Pole, which is some distance from Peckham—I then had 28s. in my bag—I fell asleep at the Hop Pole, and when I awoke up it was gone—the prisoners were both with me there—Seele went all the way from the Bull to the Hop Pole with me, and Crawley went part of the way—we all drank to gether at the Hop Pole—I lost the 1l. 8s.—my bag and all was gone from my left-hand pocket—I was a little tipsy—I was not used to drinking much—I do not know how long I was asleep—when I awoke both the prisoners were gone.
COURT. Q. Had you any butter? A. Yes—I brought it from home for my brother—it was in a handkerchief in a basket—I lost that at the Hop Pole—I lost money, butter, and handkerchief—the basket and cloth remained—I found 2s. in my right-hand pocket—I knew I had it there—I had the other money in a bag in my left pocket.
Cross-examined by MR. COOPER. Q. What public-house had you been in before you went to the Bull? A. I went into one—I do not know the sign—I had one pint there—I then went to the Bull, and there I met Seele—I do not know when I first took out my money—I paid what was owing—I do not know that I took very mnch to Seele's—we talked and drank together, and she accompanied me to the Hop Pole—I do not know what I paid at the Hop Pole—there were many people there—I cannot say whether there were many at the Bull—the people were sitting about in all directions—there were other women there, but not about me—I cannot say how long I had been there before I went to sleep, or how long I slept, or who awoke me—the butter stood on the seat alongside of me—it was between eleven and twelve when I awoke.
Prisoner Crawley. Q. What time did you arrive? A. I do not know—I came by the train to New Cross—I started at four in the morning, but then I had to walk to Tnnbridge-wells—I arrived before twelve—I had some drink before I got to the Bull—there were two or three persons where I had it—I did not spend 10s.—I spent more than 1s.—I had some fried soles—I do not know what I paid for them—they gave me them—I do not know that I made Seele's husband drank, or that I went to the British Queen—perhaps I did—I do not know whether I had I anything to drink—perhaps I had—or whether I had bread and cheese—I I had some radishes—I do not know whether I had herrings—I do not know I whether I went to the sign of the Rosemary Branch, and met you—I do not I know where I met you—I do not remember having shrimps and perriwinkki j—I very likely might call for a quartern of gin and some ale—you had a I basket, and very likely there were shrimps and lobsters in it—when I got to the I Hop Pole I had three lobsters—I do not know what I paid you for them, nor I whether you fetched me some pickled-cabbage—I pulled out my money in I the Hop Pole, and counted it—I had 28s., a sovereign, and 8s. in shillings I—I had no half-crowns—I brought 2l. from home—I do not know what I spent before I got to Peckham—I do not think I spent 1l.—I do not know I that I paid you 2s. for lobsters, and 6d. for bread and pickles—I recollect I counting the money, and when they awoke me up 1 told what money I bad I lost, I sat down and counted my money in my lap—I had 8s. and a sovereign—the candle shone down—this was before I went to sleep—I paid you I for what I had—I know. I did not give you the last shilling out of my bag I that I had in it—I do not know that I said I would give you 1s. 6d. when I changed the sovereign—nor that you told me as you had been eating and
drinking with me, you would take the remainder of the butter for the 1s. 6d. I was to give you for the lobsters—I do not know that I gave the landlord 1s. for three pots of ale—I did not drop the sovetjpign out of my lap on the floor—I was very careful—I do not know that you brought the landlord to me, and asked if he would take care of me, and furnish me with a lodging.
COURT. Q. You had 2l. when you left home? A. Yes, one sovereign and 20s. in silver—I spent 2s. 7d. on the railroad, and about 3s. at Peckham.
MR. DOANE. Q. You say there were two shillings loose in one of your pockets? A. Yes, I put it there—I do not know why it was not in the bag—I am sure when I saw the money lust in the bag there was 1l. 8s.
EDWARD WRIGHT . I am a labouring man, and live in Ann-street, Coburg-road. I was at the Hop Pole at eleven o'clock in the evening, on the 29th of May—the two prisoners came in with the prosecutor—he was rather the worse for liquor—they bad two or three pots of ale—Seele sat on the left side of him, and Crawley opposite, on the other side of the table—the prosecutor had a parcel of butter tied up in a handkerchief, in a basket—I saw Crawley take it oat of the basket while he was asleep, and put it into his own basket—I saw Seele's hand in the prosecutor's left-hand breeches' pocket once or twice—his frock was up and her hand underneath—I went and spoke to Mr. Walker out in the skittle-ground, and when I came in again I saw Seele put her hand into the prosecutor's pocket again—Walker came in in consequence of what I told him, and he sat down—I then changed my seat—I came before the prisoners—I kept a look out—in consequence of that Crawley got up—he called me a piper and a noser, and said if I wanted anything I could take it out of him—he had not known me before—I went and spoke to the landlord, and when Crawley went to the bar the lundlprd spoke to him, but I did not hear what it was—I went into the tap-room with the landlord—we awoke the prosecutor, and asked him if he had lost anything—he said, "No"—we told him to feel, and he said he had lost his money, bag and all—he said he had bad 28s.—I and two others went out, and saw the two prisoners, and stopped them till the policeman came—I asked Crawley what he had done with the butter, and he hove it out of his basket into the street—while the prisoners were in the public-house I saw Crawley make signs to Seele, and I saw she nodded her head.
Cross-examined. Q. How far did you stand from these parties? A. About four yards—I could see them plainly, and they me—I saw Seele dip her hand into the prosecutor's pocket once or twice—it might be three times—I did not count how many persons were in the room—the landlord was at the bar, which is not very close to the tap-room—I had not to go above four steps to Walker—Seele put her hand into the prosecutor's pocket once after that—I am certain it was not twice—I do not know whether Walker would say wrong if he should say it was three or four times—I have been a pot-man—I have never stood at this bar—when I went and told the landlord, Walker was in the tap room, the prisoners had not then left the house—they left in about a quarter of an hour—they had been drinking with the prosecutor, and all three seemed rather fresh.
Crawley. Q. What time did you see her hand in his pocket? A. From eleven to twelve o'clock—I first saw you about half-past nine—I heard you sing—you had lobsters for your supper—there was a half-quartern loaf brought in, and some pickles and vinegar—Seele did not ask me to take the prosecutor out—I did not see the prosecutor pay you any money, or take his bag out—Seele's hand must have been in the flap of bis trowsers to have got to his pocket—she and the prosecutor sat facing the fire, at a large deal table—I could see over the table—the prosecutor's flap was down—I did not mention
that I found both his pockets turned inside out—I saw one pocket turned outside his flap, when I awoke him up—Mr. Den more was there, playing at dominoes—you spoke to him after you spoke to me.
COURT. Q. How did Seele do it? A. She put her right hand into the prosecutor's left pocket, as she sat on the left side of him.
JAMES SMITH . I keep the Hop Pole. I was standing at the door on the evening of the 29th of May—I saw the prisoners, and the prosecutor with them—Crawley said to the prosecutor, "Here is an old friend of mine here, let us have a pot of ale"—they all went into my tap-room, and staid there some time—they had a pot of ale—Seele and the prosecutor seemed very loving together—about eleven o'clock the witness came and told me something—I went into the tap-room, and saw the prosecutor asleep—the prisoners were then gone—the left side of the prosecutor's flap was down, and his pocket lying down on the flap—I think Seele had sat on his left side—he was awoke and complained of the loss of his money—we told him to feel in his other pocket—he felt, and said it was all gone, purse and all.
Cross-examined. Q. You say the prosecutor was very loving? A. Yes, he had been so for some time—I was in and out perhaps two or three times.
Crawley. Q. When I first came, do you recollect the words I addressed to you? A. No—you said there was a friend wanted a lodging—I told you I would get him one if I could, and if not he should sleep with my son—I saw him have some lobsters—I did not see what money he paid you—I received 1s. 6d. of him—I saw you go and get some pickles—when the witness cant and told me the prosecutor was being robbed, I called you out, and questioned you—you said it was no such thing, and went out.
WILLIAM WALKER . I am a shoemaker—I live in Charles-place, Leith-street. I was in the skittle-ground at the Hop Pole—Wright spoke to mt, and I went with him to the tap-room—I there saw the prosecutor, and Seek sitting on his left side—his smock-frock was turned up on his left side, nearly under his arm—I saw Seele's right hand in his left pocket—Crawley was sitting by the same table, on the opposite side—he was making signals to Seele, looking to the door, nodding his head towards the door, asking Seek by signs, if it was all right—Wright got up and walked towards the fire—Crawley said, "B—noser, what have you got up for; I suppose you haw got up to interfere in what don't concern you; if you want anything, take it out of me?"—Seele removed her hand from the prosecutor's left-hand pocket into her own right-side pocket, and then Crawley made a signal to her—he seemed to give a nod towards the door, and Seele smiled, and moved her head—they then got up and walked away—Seele went out first—Crawley stopped back, and took a handkerchief with some butter in it from the prosecutor's basket, and put it into his own—he then put his own basket on his head, and went out—I called the landlord, and went to awake the prosecutor—I found his flnp open, and both his pockets turned out, lying on his thighs—bis money was gone—he said he had lost 28s.—we then called the policeman—I saw the policeman come up to Crawley and take him by the right am—Crawley then put his other hand into his basket and chucked some butter and a handkerchief away.
Cross-examined. Q. How far from the prisoners did you stand? A. Not I more than three yards, they could see me—Seele took her hand out of the prosecutor's pocket three or four times.
Crawley. Q. What time was it when you first saw Seele take these liberties with the prosecutor? A. Between eleven and twelve o'clock—I first got there about ten—I was not in the skittle-ground many minutes—I have seen Mr. Franklin, who keeps the Rose, and drank with him—he never offered I
me a penny in his life—he did not say he would not mind 50l. if he could get you convicted—he said nothing of the kind—he never sent for me—I have been to his house—I went of my own accord—I stated both the prosecutor's pockets were turned on bis thigh, not inside out—before that I saw him put a sovereign on the table, to pay for something he had had to eat or drink—Seele put her hand, and drew it across the table—she looked you bard in the face, and said, "Give the countryman his shilling"—the prosecutor said, "Give me my sovereign"—Seele dropped it into his hand—it was a sovereign he had laid down on the table—he took it out of his purse—he had some silver in his purse—the prosecutor said he wanted some supper, and some one said, "You can get something next door"—somebody went out, but I do not know who it was, and the person came in and said, "There is none"—you said, "Never mind, I have got some," and you opened two lobsters—he paid 1s.—there was a third lobster eaten—I do not know how much was paid for the loaf and pickles—I recollect the bread and butter being on the table—I do not recollect your saying you would take the butter in lieu of the 1s. 6d.—he did sot say that when be changed his sovereign he would pay you.
MR. DOANE. Q. Are you quite sure the prosecutor was asleep when Crawley took the butter away? A. Yes—I am sure I saw a sovereign and some silver in the prosecutor's purse.
ARTHUR BONE ( police-constable P 103.) About half-past eleven o'clock that night I was passing the door of the Hop Pole—the prisoners had left there—they were standing in front, conversing together—there had been no alarm then, and I passed on twenty yards—a young man then made an alarm, and I went after the prisoners—I found Seele in custody—I took hold of Crawley's right arm, and he took this handkerchief, containing about a pound of butter, with his left hand out of a basket which he had on his head, and threw it on the ground—this is the handkerchief—the butter I could not keep—I told Crawley he was charged with robbing the prosecutor—he said it was very hard, after they had been drinking, and been in company so long, that ke should be charged with such a serious offence—I found 4s. 11d. upon him.
WILLIAM ROY (police-constable P 20.) I took the prisoners to the police-court on the following morning after they were taken—I have known Seele for years—I know her husband, or the person who passes as her husband—I saw him in one of the avenues of the Court, and as Seele and I passed close to him she said to him, "Say you gave me 27s.," or 20 something, I could not say what.
Cross-examined. Q. Did not she say, "Mind you gave me 27s.? A. No, it was, "Say you gave me 27s."—I think "say" was the word.
WILLIAM WALKER re-examined. Q. Did you not say that you saw some change? A. No—the prosecutor put down a sovereign—he intended to have put down a shilling—Seele drew it from the side of the table—she looked at Crawley and said, "Give the countryman his shilling back."
Cross-examined. Q. Did you see Seele taken? A. Yes—the prisoners had been gone from the Hop Pole ten minutes or a quarter of an hour before we went after them—Seele could get a sovereign changed at the chandler's shop or baker's.
Crawley's Defence. I went to the Rosemary Branch; I saw the prosecutor and Seele; the prosecutor had before been to the Bull, and there he met Seele and her husband; the prosecutor treated all the parties in the room;
Seele's husband got very much intoxicated, and gave his wife some money; she was returning home; the prosecutor followed her, and they went into the Rosemary Branch; the prosecutor purchased some shrimps and some perriwinkles, and they had some bread and butter; they asked me to have some; they called for a pint of beer and some gin; the prosecutor took the money out of a bag, which appeared to contain 8s. or 9s.; he was a little in liquor, and asked where he could get a lodging; I recollected the Hop Pole, and said I thought Mr. Smith might accommodate him; he said, "If you will go with me I will treat you with what you like to drink;" on the road I sold two lobsters for 1s. 6d.; when we got to the Hop Pole the prosecutor called for a pot of ale; he took out his purse and paid the landlord 6d.; he sat some time, and thought he would like to have something to eat; 1 said if he liked a lobster I would fetch him some bread; I fetched 2d. worth of pickled cabbage; he took out his purse, which contained a sovereign and some shillings; I said, "Never mind changing the sovereign, as I have been eating and drinking with you, I will take this butter, and we will cry quits;" I sat at the side of the table; I did not get up to put it into my pocket, bat I put it into his basket; about ten o'clock the landlord called me out and said, "Crawley, a party told me you want to rob the man:" I said, "You know me; God forbid I should bring a man to your house to rob him;" he said, "I hope there is nothing of the kind;" I said not to my knowledge, and it should not be done in my company; the prosecutor was then asleep, and I said, "Smith, I have left the man asleep, you take care of him;" I got a little distance and the policeman came, and in taking hold of my arm he knocked the basked off my head, and the butter fell out; I had no idea of the man being robbed; if he did lose his sovereign it must have been after I left the premises.
Seele. Have mercy on me; I have five children; I am the support of them; I never thought of such a thing in my life; my husband is a fish-hawker; he gave me 21s. 6d. at the Bull's Head, and I bad 6s. 6d. of my
CRAWLEY— GUILTY . Aged 46.
SEELE— GUILTY . Aged 32.
Confined Eighteen Months.
GUILTY.,— Confined Nine Months ,
Before Mr. Common Sergeant.
1397. HENRY SALES and JOHN ODELL were indicted for stealing 3 half-crowns, 10 shillings, and 3 sixpences, the monies of Thomas Garnett, from his person; and that Sales had been before convicted of felony.
THOMAS GARNETT . I am a labourer, and live in Phœnix-street, Lambeth. I know both the prisoners well—I was in the Rose and Crown, in Bridge-road, Lambeth, on the 29th of May—I had 18s. 10d. in my pocket—I fell asleep with that money in my pocket—there were three half-crowns, and shillings, and sixpences—I did not notice any one near me, but the prisoner were in the house—the publican awoke me and said he was going to torn all out of the house—Warrington spoke to me in the street—I looked and my money was gone—it had been in my left hand waistcoat pocket.
Sales. Q. Was not I sitting on the seat when you came in, and a man with a straw hat on? A. Yes.
with his hand in the prosecutor's left-hand waistcoat pocket—he took tome money out—he went to the door and was not gone a quarter of a minute—Odell was standing before Sales when he took the money, that no one might see him—he was doing that intentionally—Odell came to my house afterwards and threatened my life if I appeared against him—I have been in dread of my life—they are always swearing against me.
Cross-examined by MR. CHARNOCK. Q. What time was this? A. At half-past two o'clock in the morning—I was looking for my husband, who is a coal-porter—he was not there—I was sitting down, having half a pint of beer—I know Odell—we were brought up in one neighbourhood together—he was the only person I know—after I saw this there was a piece of work in the public-house, and we were all turned out—I was sober—I had one pint of beer between me and Elizabeth Leach—she was there as long as I was—she came from the same house as me—she is a single young woman—she is not here she was standing at the bar—when we were turned out I was going home, I met the prosecutor and asked if he had lost anything—he said, "No"—I told him if he felt in his left hand pocket he would miss the money, and he did—I met him against the Marsh-gate—I had been at home till two o'clock in the morning—I did not speak to anybody but to the prosecutor in coming back—I did not drink with him—he did not appear to me to be drunk—I never was in trouble.
Odell. Q. Did you see me at your house? You stated at the office that you were washing and your sister was up stairs, and you beard me? A. No—I saw you.
Odell's Defence. We were in the bouse; we saw the man come in; be bad a pint or two of beer; he had had a bit of a row with another man.
Cross-examined. Q. Were you a policeman then? A. Yes—I have been at a great many trials—I made an entry of his conviction—I have been in the habit of seeing him day and night both since and before.
SALES— GUILTY . † Aged 20.— Transported for Ten Years.
ODELL— GUILTY . * Aged 19.— Confined Eighteen Months.
1398. JAMES BEALE and FREDERICK HARVEY were indicted for stealing 1 purse, value 1/2 d.; 1 half-crown, 1 shilling, 2 pence, and 5 half pence; the property of William Humphreys, from the person of Jemima Humphreys.
JEMIMA HUMPHREYS . I am the wife of William Humphreys, a labourer. On the 1st of June I was at Wandsworth fair—I bad a purse with a half-crown and other money in my pocket, and Beale was standing by my side—I found his hand pulling my gown—I turned, and saw his hand come from my pocket—he turned his back to me, and I saw him do something to the other prisoner—Beale was going off—I collared him, and gave him in charge to my husband—there was nothing found on him—this is the purse.
Beale. Q. You say you saw my hand in your pocket? A. Yes, it came from my pocket—I did not see anything in your hand—you were trying to get away—I said you had picked my pocket; you said you bad not, and was willing to be searched—there was a crowd—I was not standing five minutes—I felt my pocket, and you were standing close by my side.
he was fumbling about, and he threw this purse, with something in it, into a field—there are eight duplicates in it, which the prosecuirix owns—I found exactly the money that was lost in Harvey's pocket—I had been watching the prisoner for four hours in the fair.
Beal's Defence. I was standing near this woman, but I am innocent; this prisoner was not with me.
BEALE— GUILTY . Aged 18.
HARVEY— GUILTY . Aged 20.
Before Edward Bullock, Esq.
GUILTY .— Confined Two Months.
ELIZABETH POPE . My husband's name is Charles—we live in Manor-lane, Rotherhithe—nobody else lives in the house—this handkerchief and coat produced are my husband's property, and were safe at nine o'clock last Tuesday morning, doubled up on a box—I went out, left the house quite safe, I locked the door, and put the key into my pocket—the window was shut down—I came back about one o'clock, and noticed a pane of glass was broken out of the window—all the things were scattered about the place—t person could get through the space—the whole pane was out—the thiogi were a great distance from it, and could not be reached from outside—the parties must have got in, because the things were scattered all over the place.
BERNARD FLETCHER . I am assistant to Mr. Griss, a pawnbroker at Bermondsey—I produce a coat and handkerchief, pledged by the prisoner, on Tuesday last, about the middle of the day—I have no doubt of him.
JOHN SMITHERS . I am a labourer, and live at Bermondaey—on Tuesday, the 16th of June, about eleven o'clock in the forenoon, I saw the prisoner at the back of Mr. Pope's house, he had nothing with him—I saw him next day, and watched him; as soon as he saw me he ran away—I pursued and brought him back—I said I took him for Mr. Pope's coat—he said if he bad had a mind to be a thief he could have taken plenty of boots and shoes—I heard him say he pledged the coat—he did not say how he came by it.
SAMUEL ABBOTT . I took the prisoner—he said at first he had not been near the house, but said afterwards he had been to the house, knocked at the door and found Mrs. Pope was not at home—he wanted her to recommend him to a job to weed a garden—when I saw Mr. Pope he said, "Tell me where the coat is, I have been a good friend to you, and am a poor man that cannot afford to lose it"—the prisoner said, "I have pawned it, you bate been a good friend to me, do not hurt me"—he said he had pawned it at Mr. Griss's shop.
Prisoner's Defence. I had been to look for a job, and a man who was there said, "If you like to pawn a coat for me I will give you 1s.;" I did so—he said, "You may have the ticket, I don't suppose I shall be able so take it out again;" I deny saying, "If 1 had been a thief I could have taken plefity of boots and shoes;" Smithers said he saw another man close to the house.
JOHN SMITHERS re-examined. I saw a great many trades people go in and out of Mr. Pope's house, on ordinary business—the prisoner went down to Mrs. Pope, and asked if Mr. Pope was at work—and in less than an honrtbe robbery was committed.
GUILTY . Aged 18. Confined One Year.