CENTRAL CRIMINAL COURT.
NINTH SESSION, HELD JULY 6TH, 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, 6th July, 1846, and following Days.
Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; the Right Hon. Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir William Erle, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Matthew Prime Lucas, Esq.; William Taylor Copeland, Esq.; Samuel Wilson, Esq.; Sir John Pirie, Knt.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City; John Kinnersley Hooper, Esq.; Thomas Farncomb, Esq.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Sidney, Esq.; and Francis Graham Moon, Esq., Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq. Judge of the 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. NINTH 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, July 6th, 1846.
First Jury, before Mr. Common Sergeant.
MR. DOANE conducted the Prosecution.
EMMA JONES . I live with my father, a bookseller, in King's-road, Bedfordrow, Holborn. On Friday, the 1st of May, I packed up a parcel, containing five printed books, one child's muslin frock, and an invoice—I have seen it since—it is the one now produced—it was addressed, "Mr. William Jones, Kirk-street, Odiham"—I sent it to Pickford's on the 3rd, to go by the Southwestern Railway—it contains now what it did then.
ARTHUR STANDBURY . I am a clerk in the luggage department of the company. On the 4th of May I received this parcel, and gave it to Acres, another clerk—I made an entry of it, "Jones, Odiham"—the prisoner was clerk in the same department—I saw him there in the course of the evening—I cannot say he was there when it arrived, but that was his office.
JOHN ACRES . I am clerk in the luggage department. On Monday evening I received this parcel from Standbury—I cannot say the prisoner was there at the moment—I saw him afterwards—I placed the parcel close to my desk, which has a rail round it to prevent anything falling off—the parcel could have fallen off in front, but not upon the platform—it was the prisoner's duty to take the goods from my desk to the guard.
JOHN SMALLEY . I am one of the guards of the goods-train. On the evening of the 4th of May I received some parcels from the desk—I took six-at that time I had not an opportunity of seeing the way-bill—I arrived at Winchfield station in the night, and then compared the parcels with the waybill, and this parcel was missing—it is entered in the office-book, and marked, "P.P.," which shows it came into the office—on the Wednesday or Thursday I saw Larkman, one of the clerks, and he asked me what I had done with the missing parcel—the prisoner was in the office at the time, attending to his business-his place was next to Larkman, close to him, at the desk—he could hear very well what Larkman said, but he said nothing about it.
Cross-examined by MR. CLARKSON. Q. Is Larkman here? A. No—he was not before the Magistrate—I believe the book is made up by Acres—the way-bill is made out from the book.
EDWARD PARSONS . I am clerk in the manager's office of the Railway. In consequence of information, on the 9th of May, I went to the prisoner lodging, in Durham-street, Vauxhall—the prisoner accompanied me—I asked him to let me see a box there, which was locked—he unlocked it, and took this parcel out, with a direction to Jones, of Odiham—he placed it on the floor, with the direction downwards—it was afterwards handed to me, and given to the officer.
Cross-examined. Q. Was it sealed up apparently in the state it was brought to the office in? A. I believe it was.
JOHN SMALLEY re-examined. There are more than one set of parcels to take to the rail at the same time—we take them in a box if we cannot carry them—I took these in my hand that night, and counted them, laid them on my arm—I am able to say I did not drop one that night, for I showed them to the man who entered them, who had the book at the time—he entered six—I only took six—that was before I left the office—I know I carried six, neither more nor less—it is not possible I could have dropped one on the way—I went to Farnborough before I found one parcel deficient—the luggage-van was in my charge—the way-bill is not given us till after the parcels.
EDWARD PARSONS re-examined. There are only six parcels entered on this way-bill, because the way-bill was for one particular station—there is a single bill for every station—we have not brought that one—this bill is for the Odiham station—Jones's parcel is entered here, and that was missing.
GEORGE TOFIELD . I am sergeant of the railway police. On the 9th of May I took the prisoner in charge—he said it was a bad job, that he had found the parcel on the steps of the platform the night previous, the 8th, he took it home because he could not see any policeman to deliver it up to, and he intended to bring it on the following day.
Cross-examined. Q. Are you sure he said "on the night previous?" A. He said on the Friday night previous—I am sure of that.
COURT. Q. Are you sure he did not say, "when going home?" A."On the steps of the platform when going home," he could not see a policeman to give it to, and took it home for safety.
(The prisoner received a good character.)
GUILTY . Aged 24.—Recommended to mercy by the Jury. Confined One Year.
(There was another indictment against the prisoner.)
GUILTY. Aged 16.— Judgment Respited.
GEORGE WILLIAM AYLIFFE . I am a hair-dresser, and live at Hamptonwick. I had a case containing combs, which was safe on Thursday evening, the 18th of June, at half-past eight o'clock—the policeman came about half-past nine, and I missed them from the counter, case and all—I went to the station and found them—these now produced are all mine—they were at my
father's house—I am not quite twenty-one years old—I am in business for myself.
JOHN WORTLEY (policeman.) On the 8th of June, between nine and ten o'clock, I was with Wright, and saw the prisoners walking together about 150 yards from Mr. Ayliffe's house—I found these articles in Morgan's possession—I asked. him how he came by them—he said a man gave them to him—directly I spoke to Morgan Wright ran away.
Morgan's Defence. The property was given to me by a man to take to the bridge; the policeman stopped me; I immediately told him so.
MORGAN— GUILTY . Aged 28.
WRIGHT— GUILTY . Aged 17.
Confined Six Months.
JOHN SIMPSON ASHBRIDGE . I am a pawnbroker, and live at No. 101, Broad-street. The prisoner Otley was in my service—in consequence of information I called in the police—they brought me some coals, which I have examined and believe to be mine.
THOMAS BURNS (policeman.) I placed myself in view of Mr. Ashbridge's house at seven o'clock in the morning, and saw the prisoner Molden coming from the side-door with a basket in her hand—I went up and asked what she had got—she said, "Some washiug"—I said, "Where did you get it from?"—she said, "From a house down by there"—I said, "Come back and show me where"—she took me to the prosecutor's side-door—I examined the basket, and found it contained these articles—she afterwards acknowledged that Otley had given them to her—I took Otley into custody, and she denied at first, but afterwards said she had given her the coals to do a bit of washing with.
(Otley put in a written defence, stating that she had given Molden the coals and soap to wash some dusters and aprons, as she had not time to do them herself.)
NOT GUILTY .
No evidence was offered.
NOT GUILTY .
MATTHEW SHERBORN . I am a farmer, and live at Heston. Thomas Axtin, my servant, sells hay and straw for me—the prisoner was also in my service, and in the absence of Cooper, his fellow workman, it was his business to receive money for me—if he received any money on the 23rd of June, he should have paid it to Axtin.
THOMAS AXTIN . It was my business to receive money for everything sold. On the 23rd of June the prisoner paid me 1l. 1s. for his master, for half a load of oat-straw, and a quarter of a load of wheat straw, which he had sold to Samuel Rouse—I am sure that was all he paid me.
Cross-examined by MR. HORRY. Q. He did not pay you as having sold it himself? A. No, as sold by Cooper.
Cross-examined. Q. What description of money was it? A. A sovereign, two half-crowns, two shillings, a sixpence, and a fourpenny-piece.
GUILTY. Aged 45.—Recommended to mercy by the Prosecutor. Confined One Month.
MR. W. COOPER conducted the Prosecution.
SAMUEL MAJOR HICKS . I am parish clerk of St. Andrew's, Holborn. I produce the registry of marriages from that church—here is an entry, in 1839, of the marriage, on the 10th of April, of Thomas Connor to Maria Twycross, in my handwriting—I was present at the marriage—I do not recollect the prisoner—I cannot say he is the man—it is signed by the parties who were married, and three witnesses.
LAURA MIDDLECOAT . I am single, and live at Kirby Steven, Westmoreland. I was present at the marriage, and have seen the registry—the prisoner is the person who was married to Miss Twycross—she is alive now—I have seen her to-day.
Cross-examined by MR. BALLANTINE. Q. Did you know her previous to marriage? A. I did—she has no other name—I went to the marriage as her friend.
WILLIAM TOOKEY . I am deputy parish clerk at Marylebone. I produce the registry of marriages for 1843—on the 27th of June, Thomas Connor and Mary Carr Burt were married—the man is described as a bachelor—these are the signatures of the parties who were married.
MISS MARY CARR BURT . I am the daughter of Mr. William Carr Burt. On the 27th of June, 1843, I was married to the prisoner at Marylebone church—I lived with him some time after marriage—we lived at Notting-hill—the prisoner had 2,600l. in money, and 400l. worth of plate and furniture, which was left me by Mr. Lee—he had the whole of it.
Cross-examined. Q. The money was handed over to him? A. It was—we lived three years together—we did not live very stylishly—he had a shop in London, and lived in the country—we had two servants.
Q. He shared the money with you? A. I do not know that; I think be shared the better half—he did not desert me—I met his wife in Holborn at the time he was living with me—my sister had heard that he married before, and that his wife was still alive, but he denied it—he never told me anything relating to her death—he took my sister to the female who was pointed out as his wife, and denied being her husband, and she gave me away—I lived with the prisoner previous to marriage, until I was twenty-one—then he married me, that was in accordance with the original understanding, by his request.
MR. COOPER. Q. At twenty-one you came into possession of the property? A. Yes—the woman who was pointed out as his wife gave me away.
GUILTY . Aged 36.— Transported for Seven Years.
1408. JOHN GRANHAM was indicted for stealing, on the 26th of June, 1 box, value 3d.; 4 bottles, 6d.; and half-pint of otto of roses, 4l.; the goods of Arthur Brown, in a vessel in a port of entry and discharge.
ARTHUR BROWN . I live at Dundee. On Friday, the 26th of June, I had a vessel in the London Dock, and a box in which were some bottles of otto of roses, which I saw safe about two o'clock in the afternoon—the prisoner came on board at six to take a passage, as he said, to Bombay, where I was going—he went into almost all the rooms, and afterwards went into my room, and was going to put on my coat, which hung up there—I was called and told the ship was robbed—a policeman was brought on board—I found the box was gone from my chest—it has not been seen since—I missed it while the prisoner was on board—the bottles of otto of roses have cotton round them—the cotton was picked up on the water, and smelt of otto of roses.
Prisoner. Q. Where were you when I came to the ship? A. In the hold—I did not see you take anything.
JAMES JOHN SAUNDERS . I am apprentice on board the ship. I observed the prisoner go over the side of the vessel on to the jetty—he was going away from the ship—I was sent by the second officer to fetch him back—I brought him back as the painter had given information about him—I followed him some distance—he went to the gangway of the ship, and instead of going up the ladder he ran off at the main chains, took his hand out of his pocket and heaved something into the water—I heard and saw the splash, and saw the cotton drop into the water—I picked it up—it smelt strongly of otto of roses.
Prisoner. Q. Did you see me take anything? A. No—I did not find anything on you—you walked from the ship's side.
JOHN PARKER . I am a painter on board the vessel. The prisoner was on board—I saw him go into the prosecutor's berth—I saw him holding up a coat by each shoulder, looking at it—that is the berth the box was taken from.
Prisoner's Defence. The prosecutor was sent for by the master of the ship; I took the coat to look at it; I never stole anything at all; in two or three minutes afterwards I was out of the ship, walking gently, with my hands in my pockets; the man came and said, "Come back to the ship;" I came back, and the prosecutor did not know he had lost anything; the painter only saw me touch the coat; he thinks I put something in the water, but did not see the box.
GUILTY . Aged 24.— Confined Eighteen Months.
(The prisoner was charged with a previous conviction, but the witness was not present to prove the same.)
NEW COURT.—Monday, July 6th 1846.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 15.— Confined Three Months.
GUILTY . Aged 15.— Transported for Ten Years.
CORNELIUS FOAY (police-sergeant H 20.) On the 10th of June, about eleven o'clock at night, I saw the prisoner in Cable-street, St. George-in-the-East, with this bundle of rope—I asked where he brought it from—he said from Limehouse—he was going towards Limehouse then—I asked where be got it, and he could not tell me—I took him to the station—he said t lighterman gave it him at Wapping pier-head, but he could not tell his name—the rope was marked with a red worsted stripe.
ROBERT TOMLINSON . I am foreman to Mr. James Wheatley, a lighterman. This is his rope—I know it by the whipping on this end of it, which I did myself, and by this red yarn in it—it was on a barge called the Orissa—it was made fast by this rope—I saw it safe on the 10th, and on the 11th the barge was found adrift up at Chelsea.
Prisoner. I was at Wapping pier-head; a lighterman went down the river; I asked him if I could lend him a hand; I went down to the West India Docks, and he gave me this rope.
GUILTY . Aged 19.— Confined Twelve Months.
MR. PAYNE conducted the Prosecution.
HENRY MANISTRE . I am a confectioner, and live in Tottenham-court road. The prisoner has been in my employ about three months—it was his duty to receive money from my customers on my account, and to pay it to me daily—he has never paid me 2l. paid to him by Mrs. Stevens—the whole amount of her bill was 4l. 9s. 8d.—after I discovered he had received 2l. of it, I asked him if he had brought me Mr. Stevens's bill—he said he had—I said, "How much?"—he said, "Two pounds seven"—I said, "Have you never received any of that bill previously?"—He said, "No"—I told him I was positive he had, I had seen the bill with his signature to it—he said be must acknowledge he had taken it; that his wife was ill, and his family in great distress; he had had his goods seized, and he had appropriated the money—he had never paid me 10s. received from Mr. Rogers, nor accounted for it—it was his duty to enter the sums received in a book which I have here—he was to have put "paid" in the book, and give me a check—he has not accounted in the book for the 10s. nor for the 2l. out of the 4l. 9s. 8d.
Cross-examined by MR. BALLANTINE. Q. I believe you have had the misfortune to become insolvent? A. No, I have had no contemplation of anything of the kind—I have taken no steps towards taking advantage of the "Insolvent Debtors' Act"—I never said anything to anybody about it—I have not bankruptcy in contemplation—I told the Magistrate that die prisoner bad received the money and had not accounted to me for it—I did not forget that he had confessed it—I really do not know whether I told the Magistrate he had confessed it—I answered all questions—I heard the deposition read over—I listened to its being read over—I do not know why it was read over—I did not inquire about it—I was not aware I had not said it—it was the prisoner's duty to enter these matters in a book—he kept that book—this is it—he was my traveler—the entries in
this book are not all his handwriting, but all that he had to do with are—if he communicated to me that he received money I should not insert it—he enters it here himself—some of the entries in this book are my brother's, but they are of separate customers from the prisoner's—my wife receives money when it comes in the shop—it was the prisoner's duty, in the event of my not being in the way, to write the amount on a ticket, and those tickets were filed—if I found the ticket with the money I should not enter it—I merely kept the tickets against the book—he has put the amounts paid in the book and given me a ticket to that effect—there is no entry of these sums in the book—I have not received the tickets of these—I have a portion of the tickets—I did not think it necessary to produce them all here—he never complained to me of these tickets lying about—he has occasionally left money on the desk and the ticket with it—he has not complained that a great number of persons had access to that desk, and begged I would alter my mode of doing business—nor complained of my mode of book-keeping—he had it solely in his own arrangement—he has not said that tickets' have been constantly left about—he told me he found one ticket ten weeks ago, and from that time I have received every farthing myself, and not allowed any other person to do it—the prisoner made the confession to me on the 19th of June—I accused him of it in the shop, and he requested me to come into the parlour—I asked if there was any more money he had received and not given an account of—I do not remember every word I said to him—I said, if there were no other sums I would not give him into custody—he did not after this conversation ask me to go through the book and see what I owed him—I did not owe him anything till the last week—I owed him the last week's commission, which was from 1l. to 25s.—my wife is not here, nor my brother—they have not received these monies of the prisoner—I ordered them to receive no money from him—I have not inquired of them—I always received the prisoner's money—I do not know of any instance in which my brother or my wife have received money from him for the last ten weeks—in conesquence of his finding a ticket about I told them never to receive amounts from him—they might have received money from him before that—I cannot say whether they have or not—I do not know that they constantly take the money off the desk.
Q. Have you said amongst your neighbours that this man has robbed you of 60l. or 70l.,? A. No, 50l. or 60l.—I did not say I was embarrassed—I said I was pushed to make up a certain bill—I named it to no person but the prisoner's brother-in-law—I was pushed to make up a bill, and I went out, and found the prisoner had received money.
MR. PAYNE. Q. was it the prisoner's duty, when he received money and brought it home, to enter it in the book? A. Yes—he has entered in the book the 2l. 7s., and not the 2l.—on my wanting money I went to try to get that 2l., and found his receipt for it, and then he said he had received it, and appropriated it—it was his duty to enter the 10s. in the book, whether he paid it to me or anybody else—he ought to have put "Paid" to it in the book—I was prevented from making up a sum in consequence of the prisoner receiving money and not paying it to me—I told him I would not give him into custody if there were no other sums—I have found others to the amount of 40l. or 50l.—I never made any other declaration of insolvency, except saying that he had received sums of money and not paid them to me.
HANNAH STEVENS . I am the wife of John Stevens—he is a confectioner. I paid the prisoner 2l. on account for his master, on the 3rd of June—I have the receipt for it—on the 19th of June I paid him 2l. 9s. 8d. which made up the 4l. 9s. 8d—the prosecutor came afterwards for the money—I showed him the receipt, and that I had paid the prisoner.
Cross-examined. Q. I suppose the goods were delivered on the 13th of A. Yes, by the prosecutor's brother—all the money I ever paid was
to the prisoner—I did not pay the 8d.—this is receipted in pencil, and so are all my receipts—I have none in ink.
MR. BALLANTINE to HENRY MANISTRE. Q. Whose entry is this "Steven, Stingo-lane?" A. The prisoner's—he had nothing to do with the delivery of these goods, but this is his entry—he solicits orders, and enters them, and when he receives the money he marks it off, and gives me the money and the ticket—this entry is 4l. 7s.—it is not the only instance which he has entered short.
Q. If he received 2l. 7s. was that right? A. He paid me 2. 7s. first, and then I spoke to him—he asked for the ticket again, and he altered it from 7 to 9—the bill was 4l. 9s. 8d. THOMAS ROGERS. I am a confectioner. I paid the prisoner 10s. on 26th of May—I took a receipt—I have it here.
Cross-examined. Q. Have you been a customer of the prosecutors for some time? A. Yes—I have not found any mistakes, except an article not sent, because the prosecutor had not got it.
NOT GUILTY .
OLD COURT.—Tuesday, July 7th, 1846.
Second Jury, before Mr. Common Sergeant.
GUILTY . Aged 26.— Confined Six Months.
1414. ELIZA TURNER was indicted for stealing 2 handkerchiefs, value 4d.; 2 pinafores, 8d.; 2 pairs of boots, 1s.; 1 petticoat, 3d.; 2 pairs of socks, 6d.; 2 pairs of stockings, 5d.; and 1 printed book, 2d.; the goods of Thomas Yearley, her master.
MARY YEARLEY . I am the wife of Thomas Yearley, of "New Nichol-street, Bethnal-green. On Tuesday, the 16th of June, I took the prisoner into my service to look after my children—I went out the same day, and left her at home with three children—they all had their clothes on—I was absent about three hours—I returned, and found one child on the bed, and two of them stripped stark naked, and their clothes all gone—the prisoner was also gone—the clothes produced are what they had on—I had found the prisoner in the market, where we go to get girls from—the clothes are worth 5s.
Prisoner's Defence. The woman told me whatever I brought her she would buy of me.
GUILTY. Aged 18.—Recommended to mercy. Confined Four Mouths.
out of the window—I went up to prevent her doing so—I said, "You must not chuck things out of window"—I had not time to speak a word before she flew at me, and hit me in the breast with a knife—she was drunk, I believe—I did not say anything, but tried to get from her; but she got hold of my jacket, and pulled me down on the floor, and fell on the floor herself with me, and stuck the knife right into my leg twice—I was carried to the hospital—my leg is very bad now, I could hardly walk here this morning—my breast was merely scratched—it bled a little—when the prisoner struck me she said, "Take that you w——'s son."
Prisoner. Your father was in the room first. Witness. He was not.
HENRY SMITH . About two o'clock in the day I heard a noise in the prisoner's room—I saw her throwing things out of the window—the prosecutor came up afterwards—directly he entered the room, she got hold of his jacket, and struck him in the stomach with the knife—there was a scuffle between them for three or four minutes, and both fell on the floor—I ran into my own room to get my boots, and the prosecutor ran down stairs, and cried, "I am stabbed"—he was taken on a barrow to the hospital—the prisoner was very drunk—she had been locked in the room some hours before, in consequence of her being drunk.
WILLIAM WRIGHT . I am house-surgoon at the University Hospital. The prosecutor was brought to the hospital on the 23rd—the wound in his leg was not of a serious character—it appeared to be done with a knife.
Prisoner's Defence. The prosecutor's father came into my room, and asked me for the rent; he went away; I drank a pint of brandy, and was insensible; I went to a public-house, and treated him to a glass of rum; I went home, and the young woman, seeing I was in liquor, locked my door; about two o'clock the father came to my door to break in; I resisted his proposals; the wife, and Welch, his son, and four others, came into the room; I had a knife, which I took up to defend myself from the father, and, in my fright, stabbed his son, but not with intent to injure anybody; I am truly sorry for it.
GUILTY . Aged 36.— Confined Eighteen Months.
1416. MARY ANN NEWLAND was indicted for feloniously receiving of John Farmer 1 portmanteau, value 20s.; 2 coats, 5l.; 1 pair of trowsers, 20s.; 1 waistcoat, 10s.; 10 books, 5l.; 1 pair of braces, 1s.; 1 bank-note, 5l.; 1 gown, 12s.; 3 bonnets, 1l.; 5 lace-collars, 30s.; 1 handkerchief, 3s.; 10 handkerchiefs, 30s.; 2 caps, 5s.; and 1 opera-glass, 40s.; well knowing them to have been stolen; and feloniously harbouring and maintaining the said John Farmer; to which she pleaded
GUILTY . Aged 31.— Confined Six Months.
1417. GEORGE WILLIAM DIXON was indicted for stealing 1 watch, value 1l; 1 guard-chain, 2s.; and 1 handkerchief, 2s.; the goods of Robert Parkinson; and 1 guard-chain, 16s., the goods of James Pearce Mason.
JAMES PEARCE MASON . On the morning of the 4th of July, 1844, about eight o'clock, Parkinson missed his watch and guard—I directly went to look for the keys of my box, and found they were removed from where I had placed them—I found them in my box—my guard-chain and 6d. were gone from my box—the prisoner had been in the same employment as myself, and was discharged a fortnight before—he knew where the property was—he was afterwards apprehended, and the chain and watch and guard were found on him—the
constable is not present—I saw the chain myself lying down at the bottom of the staircase where the prisoner was brought down—a witness called me to look at it—this is my chain—the prisoner was taken in Gray's-inn-lane—he had come and slept at our place after he was discharged.
ROBERT PARKINSON . About the 4th of July I had a watch and guardchain in my box, in my room at Chester-mews, Pimlico—the prisoner used to sleep in the same room—I found my box broken open, and missed my guardchain and watch—the prisoner was gone—he was apprehended, and I got the watch afterwards, by the Magistrate's order, as the prisoner had not been stopped—the constable who found it is not here—Brown was present when it was found.
THOMAS JAMES BROWN . I went to George-court, Gray's-inn-lane, with the constable, and found the prisoner—we found the watch and chain outside the prisoner's street-door—the window looked into the court—he must have thrown them out of the window—they were under his window—he might have heard us coming up stairs—he was taken in that house—he was on the window-ledge, trying to escape—he made his escape from the police at Queensquare, after the examination.
(The prisoner received a good character.)
GUILTY. Aged 26.—Recommended to mercy by the Prosecutor.— Confined Three Months.
GUILTY of a common Assault. Aged 46.— Confined Eighteen Months.
1419. WILLIAM GILLMORE was indicted for stealing 1 pair of boots, value 5s., the goods of Thomas Searles, his master; and WILLIAM M'CAULL for feloniously receiving the same, well knowing the same to have been stolen; and that he had been before convicted of felony.
GILLMORE pleaded GUILTY . Aged 14.— Confined Three Monthly
THOMAS SEARLES . I am a shoemaker, and live at No. 179, Whitechapel-road. Gillmore was in my service—he told me that he had stolen these boots and whom he had given them to—he said he had been robbing me nearly every day for three weeks—I do not know M'Caull—I never saw him till he was in custody—he might have been at my house without my seeing him as a customer—he was apprehended—I asked him where he got the boots—he said he got them out of his sister's drawer—I asked him who his sister was—he said her name was M'Caull—she works for me as a binder—I asked him if she stole the boots, or whether he stole them—he burst out crying) and said if I would be merciful to him he would tell me the truth—I said I would make him no promise—he then said he had had them from a boy named Jack, and he was to pledge them for him and to receive 6d., and that my boy at my shop stole them, and gave them to Jack.
FREDERICK DRAPER . I am a constable. I took M'Caull into custody—he told me he got the boots from his mother, who gave them to him to pledge—I went to his mother—she knew nothing about it—I afterwards heard him tell Mr. Searles if he would be merciful to him he would confess—he said he got the boots from Gillmore, the boy who worked for him.
M'Caull's Defence. I never said I got them from Gillmore; I said I got them from Jack, but I only had two pairs.
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 18.— Confined Six Months.
JOHN SHERGOLD . I am a baker, and live at No. 176, High-street, Hoxton. The prisoner lived with me in 1842—it was his business to received money for me, and to pay it to me the same day—if he received 1l. 0s. 5d. from Thompson, and 5s. from Wadley, on the 4th of July, he did not pay me—he absconded—I did not see him again till he was apprehended.
Cross-examined by MR. MILLARD. Q. The prisoner was your journeyman? A. Yes—the foreman also received money—he and the prisoner had different rounds—a party has collected since, and stated that the prisoner wished to pay the money, if I liked to take so much a week—I did not say I would give him four months to pay it—I would not take it in that way—I said, if he brought the whole money, I would take it—I said I would not compromise it; I was determined to make an example, for within four years I have had twenty men, and sixteen of them have robbed me.
CHARLOTTE TOMPKINS . On the 4th of July, 1842, I paid the prisoner 1l. 0s. 5d. for his master—I have got the prisoner's receipt, in his own handwriting, in the book in which it was entered—I did not pay anybody but him on that day—I sometimes paid Mr. Shergold, and sometimes his son—I never paid the foreman—I am quite certain I paid this to the prisonet—J never saw him again till he was apprehended.
Cross-examined. Q. Did you take a receipt from him? A. Yes; here it is.
GUILTY . Aged 26.— Confined Two Months.
JOHN CROUCH . I live at No. 35, John-street, Buckingham-gate. The prisoner was my errand-boy, and should pay me any money he received, the same day—on the 25th of June he did not pay me 1l. received from Mrs. Walker—next morning I asked him whether he received the money—he said he had—he showed me 7s. 6d., and said he had tost the rest—I sent for a policeman.
JOHN CROUCH re-examined. When he left my place I gave him 6s. 4d., which was my money, to give change for a sovereign, if it was wahted the account with Mrs. Walker was 18d.—he did not tell me a sovereign was paid him.
Prisoner's Defence. I ogt the sovereign changed, and lost the money.
NOT GUILTY .
1423. FERDINAND WEIGENER was indicted for stealing 125 victorines, value 40s.; 7 pairs of fur cuffs, 12s.; 98 squirrel skins, 3l.; 4 boas, 1l.; 2 geese skins, 8s.; 1 muff, 5s.; 174 rabbit skins, 8l.; 750 squirrel tails, 3l.; and 8 ermine tails, 135.; the goods of Adam Joseph Ignatius Geyer, his master, in the dwelling-house of Henry Gardener: and LEMON COHEN , for feloniously inciting him to commit the said felony.
MR. CLARKSON conducted the Prosecution.
ADAM JOSEPH IGNATIUS GEYER . I am a worker and manufacturer of furs, and live at No. 37, Liquorpond-street; Mr. Gardner is my landlord; I am employed by Mr. Poland and Mr. Finigan, of Noble-street A man named Mayor was in my employ five or six months ago—he left me suddenly—I sent him away—the prisoner Weigener was in my service—on the 22nd of June I sent Weigener to Mr. Finigan for fifty boa tails, which he brought—that increased my stock of Mr. Finigan's goods—I had property on my premises belonging to Mr. Poland also at the same time, and some of my own—I had an uncle living at Preste, in Hungary—on the 22nd of June, about ten minutes or a quarter past two o'clock, I received a letter—Nixon and the prisoner Weigner were at my premises at the time—on receiving the letter I and my wife set off to Denmark-hill, leaving Weigner and Nixon on the premises—I asked Nixon to remain there till I came back—that letter requested me to go to No. 21, Carforland-street, Denmark-hill, for a parcel, precisely at three o'clock, over London-bridge—it purports to come from William Ryder—I went, and hunted for William Ryder there, but could not find any such place or parcel—I returned in about four hours; and when I got borne, about six o'clock, I found nobody there—the place was empty—then was nothing but my furniture left—the doors were locked—cll the furs were gone, and Weigener was gone—soon after the apprehension of Weigener saw a black bag, containing furs, at the station—a part of them belonged to Mr. Finigan, a portion to Mr. Poland, and a portion to myself—they were all in my care and custody, and were worth between 50l. and 60l., and were safe on the premises when I went away—the officer produced the key of my door to me.
Cross-examined by MR. BALLANTINE. Q. Had you been at home all the morning? A. Yes—Weigener was out from half-past nine o'clock until ten minutes past twelve—he went to fetch some furs—it was only necessary for him to be absent half an hour.
SUSAN NIXON . I am single, and am a fur-worker—I live at No. 42, Field-lane, Holborn—I am employed by Mr. Geyer to work out of doors—I was at his house On Monday, the 26th of June—Mr. Geyer went out and asked me to stay until he returned—I said I would—he went out with his wife about two o'clock, leaving me and Weigener at the place alone—when they were gone Weigener looked out of the windows and muttered something about Mr. Geyer which I did not understand, he then told me to go and call on one of the hands that were working for him, for some work—I went away immediately, leaving him there alone.
JAMES HOUGH TON . I am a furrier, and live at Mare-street, Hackney—I have had dealings with the prisoner, Cohen, on various occasions—he lived at No. 25, Widegate-street, Bishopsgate—on Thursday, the 18th of June, he I called on me, and asked if I would buy some fitch and other skins—I said I would if they suited me—on Sunday, the "21st of June, I was out part of the day—I returned between one and two o'clock, and found him there—he apo-logized for taking the liberty of coming on Sunday, and then told me he had I an opportunity of buying the lot of goods he had mentioned—I asked what I they consisted of, and I took them down in writing—they were (reading) 63 fitch I Victorines, of four skins each, 54 light brown rabbit Victorines, of two skim? each, ten dozen wild rabbits, 100 squirrels, and about 400 tails—he said they I were to be bought for 18l.—we valued them together at between 30l. and 40l.
—he said, reckoning the value at 34l. or 35l. it would leave a profit of 16l., or 17l., and he should expect nearly half the amount for introducing me to the transaction—he said, "Of course as you will purchase them and lay out the money, you will have more than I shall; you will have 1l. or 2l. more; that will leave 6l. or 7l.—I asked who had got them to sell—he said a young man who had been in the employment of Mr. Meyer, who had absconded with 1000 squirrels—that these goods were intrusted to a young man by Mr. Finigan—I asked him in what manner they were to be purchased—he said be would take the young man to a public-house with the goods—he would then come to Hackney and fetch me—he asked me what time would suit me—I said about two o'clock the following day—on the Monday morning I went and gave information to Mr. Finigan.
Cross-examined by MR. BALLANTINE. Q. You knew Finigan perfectly well? A. Not personally, I knew him by reputation—he is a large furrier, and well known to every body in the trade—I had no doubt who was intended by Finigan—I knew Finigan to be a respectable dealer, carrying on business in a respectable way—I have had dealings with the prisoner for the last twelve months—I found him acting as agent for the purchase of goods, employed by others, and in other cases of pieces I consider the goods belong to him—he did not say when he alluded to the 1000 squirrel-skins that if it was a simjlar case he should have nothing to do with it—he said nothing of the kind—when he went away on the Sunday he said, "Don't too much depend on my coming, as the man may go to some one else."
JOHN FINIGAN . I am engaged very largely in the fur trade—I live at Nos. 20 and 21, Noble-street, Cheapaide—the witness, Geyer, was in my service as a workman, what we term a chamber-master, working at his own place—it was his business to work up furs at his own house—on Monday morning, the 26th of June, Weigener came to me from his master—in consequence of the message he brought, I saw 54 fitch tails delivered to him—inconsequence of information I received from Houghton I went with an officer, at about twenty minutes or a quarter to twelve o'clock, to Liquorpond-street, just opposite Geyer's house—I watched, and between half-past two and three o'clock I saw Geyer and his wife leave the house, and then I saw Nixon leave—I crossed over and questioned her, and returned to a public-house opposite where I was—I had hardly got into the public-house, before I saw Weigener come down stairs and come out of the house with a large bag—I had seen him look out of the window immediately after Geyer and his wife left—he came out almost immediately after the girl—he looked right and left, and then went to the public-house, at the corner of Liquorpond-street, again looked about him, crossed over to King's-road, and got into the first cab on the stand with his bag—the officer and I got into another cab and followed him to Duke-street, Smitbfield—the officer was outside the cab—at Duke-street Weigeuer got out of the cab and went into Bartholomew close—he returned in a short time with a leather trunk or portmanteau, placed it in the cab, got in himself, and we followed him in the cab to Bishopsgate-street—when we got beyond Houndsditch by the White Hart the cab stopped, but it appeared not to be the right place—they went on again further, and stopped exactly opposite Widegate-street—the officer had got down to follow the cab, and spoke to the prisoner and took him by the collar—there was a scuffle—I went forward and collared the prisoner—he was put back into the cab, and driven to the station—I opened the bag, and saw my goods at the top—there are not 63 fitch Victorines—Geyer had from me the materials for 63 of four skins each, one of which he had to make up, and two I have received from a young woman since—the rest ace here—there are also 55 rabbit Victorines, of two skins each—ten dozen wild
rabbits, about 100 squirrels, and more than 400 tails—here are 239 fitch-skins belonging to me, worth about 30l.—on the Saturday before Whit-Sunday this year I had delivered 1000 squirrel-skins to one Meyer, from my premises—I saw them delivered—I never got them back—Meyer absconded—I went with the officer to take Cohen into custody—he lived in Widegate-street, 130 paces from where the cab stopped.
THOMAS BRADLEY (City police-constable. No. 269.) On Monday, the 26th of June, I accompanied Mr. Finigan to Geyer's house—I saw Geyer and his wife come out, and saw Nixon come out—Weigener looked out of the window—he then came out with a black bag—I have heard Mr. Finigan's evidence as to the journey in the cab—I arrested the prisoner in Widegate-street, and secured the bag containing the goods produced—I find they correspond with the paper produced—I saw them counted over—I afterwards took Cohen into custody in Liquorpond-street, in the parish of St. Andrew, Holborn.
THOMAS WILLIAM ELLIOTT . I live at No. 15, Bartholomew-close, and let lodgings. The prisoner Weigener lodged with me—he and another lodger, named Meyer, both came together—on Sunday night, the 21st of June, Weigener did not sleep at his lodgings—he came to me on Monday morning the 22nd, between ten and eleven o'clock, and said he wanted to write a letter to a person in Sheffield, a friend of his brother's—he wrote the letter, and I gave him wax and a seal—it was a letter similar to the one produced by the prosecutor—I sent this half-sheet of paper to Mr. Finigan on the 24th of June—it is the half-sheet from which Weigener tore the half-sheet on which he wrote the note, I believe—on Sunday, the 21st, in the morning, the prisoner Weigner removed everything that was valuable from my house, except an old pair of trowsers. (The half-sheet of paper being compared with the letter, matched with it.)
JANE ALDIS . I am the wife of William Aldis, a fur-worker, and live at No. 3, Mitre-place, Broad-wall, New-cut I knew Meyer, who has ran away—I know Weigener and Cohen—Meyer and Weigener lived together at No. 15, Bartholomew-close—I have seen them there together, and have seen Cohen with them there—I saw him there with them on the Friday and Saturday before Whit-Sunday—on the Friday afternoon before Whit-Sunday I saw Meyer and Cohen talking together—Cohen came after two o'clock, and staid till about a quarter to twelve o'clock at night—I went there on the Saturday for, wages, and found Weigener there—while talking to him on the stairs Cohen came. Up—Weigener and Cohen went up stairs together—I was absent a short time, and on my return I found them still together—I saw them together on the Wednesday evening before the Monday that Weigener was taken into custody.
Weigener's Defence. Mr. Geyer left me in charge of the room and all the things in it; I told him I expected a friend from Sheffield, to bring me some money from my father; while he was absent the young man came to me; he said he had to go into the City, and I was to meet him at the third coffee-house beyond Bishopsgate church; as soon as I left the cab to go to the house I was taken in charge (my box was taken from Bartholomew-close;) I took the goods in the cab% that they should not be stolen during my absence.
(Weigener received a good character.)
WEIGENER— GUILTY . Aged 21.
COHEN *— GUILTY . Aged 43.
Transported for Ten Years.
Third Jury, before Mr. Common Sergeant.
1424. THOMAS FITZGERALD was indicted for stealing, at St. Mary-lebone, I bag, value 1d.; 3 sovereigns, 8 half-crowns, 20 shillings, 12 six-pences, and 6 groats, the property of Bartholomew O'Brian, in his dwelling-house.
BARTHOLOMEW O'BRIAN . I keep a beer-shop at No. 7, Pollard-street, St. Marylebone. On the 14th of June I put three sovereigns, two half-sovereigns, and 1l. 18s. 6d. in money into a box in the top drawer in my front room—I counted it at nine o'clock that night—the prisoner worked for me about two years ago—I left the room from nine to twelve o'clock, when I went to bed, and about seven o'clock next morning I found the drawer broken open, and missed the money—I knew one sovereign which I had received between ten and eleven o'clock on Sunday morning, by a mark on the edge of it, and it looked bad and black—the half-sovereign had a mark upon it on the woman side—the sovereign and half-sovereign produced are parts of what I lost.
Prisoner. Q. Did not you mark the money at the station? A. Yes-the inspector told me to put a line of ink upon it—I put a bit of ink upon the margin, but the notch was upon it before.
HARRIET ROGERS . I live with my brother William. On Wednesday morning, the 15th of June, at six o'clock, the prisoner and two more came to my house—the prisoner produced three sovereigns and some loose silver—I believe there were some half-crowns among it—he wished me to take charge of it—I refused—he said his brother had sent it to him from St. Helena—Sergeant Bennet came in—the prisoner was asleep on the floor—a bay named Newman, one of his companions, took the money out of his pocket while he was asleep—I afterwards took charge of it—I told the policeman of it when he came.
CHARLES BENNET (policeman.) I took the prisoner in charge about twenty minutes to seven o'clock—he was quite drunk, lying down on the ground in front of the bar—Miss Rogers produced the money to me—there were three sovereigns, two half-sovereigns, and some half-crowns.
JOHN PARISH . I am a carpenter. On Saturday, the 13th of June, I received a sovereign from my master, Mr. Bennett, and paid it to O'Brien—I noticed at the time I received it that it was a very dark color, and had a notch like a file-mark on the edge—I said I thought it was bad—I described it before I saw it again by the file-mark on the edge—I am sure this is it.
Prisoner's Defence. I was at Miss Rogers's three weeks, and while I was there I often gave her money to take care of; I was saving this money to go to my brother at St. Helena, and that is what I said, not that he had sent it to me; when I was in the prosecutor's employ I threatened to inform against him, as he had stolen a shovel from the gas company he worked with two years ago; I told his wife I would inform against him; she said he would give me a lift somehow or other.
(The prisoner has been several times in custody.)
GUILTY . ** Aged 18.— Transported for Seven Years.
1425. ALFRED MOODY was indicted for burglariously breaking and entering the dwelling-house of George Crooks, at St. George Bloomsbury, about the hour of one in the night of the 2nd of July, and stealing therein 3 brooches, value 30s.; 1 purse, 1s.; 1 thimble, 1s.; 1 knife, 6d.; 1 handkerchief, 1s.; 1 pair of gloves, 6d.; 1 shilling, 1 groat, and 1 penny, his property.
ELIZA CROOKS . I am the wife of George Crooks, of Kenton-street. On Thursday night, the 2nd of July, I went to bed about eleven o'clock-the drawing-room window was about one inch open—I did not shut it on account of the heat of the weather, the door was closely shut—between two and three o'clock, I was awoke by a noise in my room, by a person about to lift up the lid of my box under my dressing-table—my husband was sleeping with me—a rush-light was burning in the room—I saw the person in the act of stooping or looking down—he took three brooches off my pin-cushion—I could not arouse my husband very quickly, and during that time the person escaped, as I suppose, by the drawing-room window, for it was found wide open—he dropped one of the brooches at the bed-side as he left the room—the drugget in the drawing-room had a great deal of filth on it—the articles stated in the indictment were missing—these two brooches produced are my husband's property.
ELIZA SOPHIA CROOKS . I am the daughter of the last witness. I west to bed about eleven o'clock—I placed my gown on a hook behind the door-the pen-knife, thimble, and purse were in my pocket—next morning I found all the things gone out of my pocket—this purse, thimble, and knife are mine.
JOHN GREY (policeman.) On the 2nd of July, about eleven o'clock I observed the prisoner with two other lads about his own age, and a little boy, going along the side of the street that Mr. Crook's house is on—in about half-an-hour after I saw them return, on the opposite side and go down to-wards Judd-street—about one o'clock I observed them again, and directly after I saw the other two and the boy, but the prisoner was not with them then.
Prisoner. Q. Was I not sitting on the step of the door? A. There nobody sitting on the step of the door the whole evening, when I went up the street.
JOSEPH FARRER (policeman.) I produce two knives, a shilling, a purse, silver thimble, two duplicates, a comb, and a knife, which I found on the prisoner—one duplicate corresponds with the pawnbroker's duplicate for the brooch—I found them on the 4th of July, about half-past one o'clock, not on the night of the robbery—the robbery was on the 2nd.
Prisoner's Defence. I saw a man drop the things in the street and walk away.
GUILTY . Aged 16.— Transported for Seven Years.
1426. JOHN TAYLOR was indicted for breaking and entering the dwelling-house of Joseph Box, at St. Andrew, Holborn, about two in the night of the 18th of June, with intent to steal, and stealing therein 2 snuff-boxes, value 3l.; 1 table-cloth, 7s.; 2 rings, 1l.; 1 tooth-pick, 2s. 6d.; 2 buckles, 7s. 6d.; 1 knife, 2s.; 1 eye-glass, 1l.; 2 pairs of spectacles, 15s.; 3 watch-keys, 1s.; and 2 brooches, 4s.; his property.
On Friday morning, the 19th of June, I went to bed about five minutes to one o'clock—I left all the doors and windows perfectly secure—I was called up by the servant about six, and missed the articles stated in the indictment—the articles produced are my husband's property, and wdre perfectly safe the night before, in the scrutoire drawer, in the parlour—I found the serutoire broken open—the sideboard had a gimblet-hole made in the lock, but it was not open—the street door was found wide opttt—it had been left on the latch at night.
EMMA SEDGE . I am single, and in the service of Mr. Box. I saw the bouse all safe before I went to bed—I came down stairs a little before six in the morning, and found the street door open—I went into the parlour, and found the drawer open—the window shutters were fastened as before—the kitchen window was open, and the bar down—it was quite safe the night before.
BFWJAMIK ROBERTS (policeman.) On Friday, the 26th of June, about two in the morning, I met the prisoner in Norton Falgate—I stopped him, and asked where he was going—he said to get some coffee—I said he looked rather bulky—I searched him, and in his breeches' pockets found three knives, one of which has been identified, and in his coat-pocket a table-cloth—I asked him how he came by them—he hesitated, he at last said they were his own—I took him to the station, and found nine duplicates on him, three relating to the property, for two pairs of spectacles and an eye-glass—I found the remains of a pearl snuff-box which had been lost, in his pocket—I found a gimlet ia his coat-pocket.
Prisoner's Defence. The property was only in my possession a few hours before the inspector found me with it; I bought it, duplicates and all.
GUILTY . Aged 38.— Transported for Ten Years.
(The prisoner was also charged with a previous conviction, but the officer was not in attendance to prove it.)
NEW COURT.—Tuesday, July the 7th, 1846.
Sixth Jury, before Edward Bullock, Esq.
GUILTY . Aged 13.— Confined Four Months.
1428. JAMES JONES was indicted for stealing 1 pair of boots, value 9s.; the goods of John Moore: also, 1 pair of boots, value 8s.; the goods of William Day: also, 1 pair of boots, value 20s.; the goods of William Herd; to all which he pleaded
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 54.— Confined Six Months.
(There was another indictment against the prisoner.)
MARY BAGGS . I am the wife of Francis Baggs; we keep a lodging-houx in Orchard-street, Westminster. On Saturday, the 13th of June, the prisoner came to lodge there—he staid till Monday, the 15th, when I went out, leav-ing him in my parlour—I went into the yeard for ten or eleven minutes—when I returned he was gone, and I missed a small mahogany work-box—I had a tortoiseshell box in it, with a pair of ear-rings, two necklaces, a brooch, and several other things, and some duplicates—I went to get an affidavit at the pawnbroker's on the Tuesday, and saw the prisoner near the station—I gave him in charge—I said to him, "What an unfortunate man you are to take my box"—he said he took it because he thought there was money in it, and if I would forgive him he would give me the box again—he said he had broken the box and hid it—he offered me and the policeman to go with us where he had hid it—we went, and he could not find it—this is my brooch—I saw the policeman find it in the prisoner's pocket—my box had been locked.
GEORGE BODDINGTON (police-constable B 184.) I took charge of the pri-soner—the prosecutrix asked him how he came to take her the box again; that he had broken it open and hid it under the arch near Vauxhall-bridge, and if we would go with him he would find it—we went with him after I had the inspector's order—we did not find the box—he led us about for an hour and a half and more—first he said it was here and then there.
GUILTY . Aged 24.— Transported for Seven Years.
GILBERT EDMONDSON . I am a linen-draper, and live on Ludgate-hill: I have two partners. On the 24th of June I missed a piece of union drill from near the door in the shop—there is twenty-two years of it—this is it—I saw it safe at half-past seven o'clock in the evening, on the 24th of June—I can swear to it.
JAMES DUNN . I am porter of Queen's College Hospital, and live there. About eight o'clock in the evening, on the 24th of June, I met the prisoner in Clement's-inn with this roll of drill in a handkerchief—I knew him, and asked what he had got—he saide, "You can see what it is"—I said, "Where did you get it?"—he said, "A man named Bradley gave it me to take to Queen-street, Seven Dials"—I took him to the station, and gave him into custody.
Cross-examined by MR. ROBINSON. I believe Bradley was found, was he not? A. Yes, and he was before the Magistrate—I am not aware that he is here.
NOT GUILTY .
1432. AUGUSTUS DE LA MERE, alias William How , was indicted for stealing in the dwelling-house of Edward Clark, at Paddington, 1 watch, value 4l., the goods of charlotte Randall: 1 jacket, value 1l.; 1 pair of trowsers, 10s.; 23 spoons, 10l.; 12 forks, 6l.; 1 cup, 20s.; and I butter-knife, 15s.; the goods of the said Edward Clark; to which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Three Months.
1434. GEORGE SMITH was indicted for stealing 10 sketches, value 100l.: also 20 books, 10l.: also 2 coloured prints, 25l.; and 30 books, 20l.; the goods of Charles John Stewart, his master; to all which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
1435. THOMAS SPENCER SHARP was indicted for stealing 24 pairs of boots, value 6l., the goods of Solomon Cowan; and DANIEL RYAN , for feloniously receiving the same, well knowing them to have been stolen.
SOLOMON COWAN . I am a general dealer, and live at No. 15, Goswell-street. About eighteen months ago I had two piles of Blucher boots outside my shop—I do not know what day it was; I think it was in Dec, 1844—there were from twenty to twenty-four pairs of boots in a pile—I saw them safe between four and five o'clock in the afternoon, and missed one pile between five and six—I have never seen them since.
Cross-examined by MR. PAYNE. Q. Where did you get them from? A. I bought those boots of Mr. Faulkener, in London-wall—I cannot recollect when; perhaps at different times—I do not buy anything in the shop—I attend sales—I do not deal in marine-stores.
MARGARET GLYNN . I am single; I was in the Refuge for the Destitute, but left last Saturday week; I know the prisoner Sharp. About six weeks before I was before the Magistrate, I had been living with him—he gave me in charge for robbing his aunt, and I was put in the Compter for three days—I was examined before Mr. Alderman Gibbs, and was let off—in Dec, 1844, I was out with Sharp in Gos well-street—I was living with him at the time—Sharp stopped at Mr. Cowan's shop—Sharp was looking in at the window, and I too—he went away and left me there—he came back, and took up some boots from Mr. Cowan's shop door—I believe there were twenty-four or twenty-five pairs—he went away with them up a turning which I believe is called French-alley—I saw him again in about three hours—he asked me to go to my sister's with him—we went there—he then went and fetched the bundle of boots—he asked James Connor, who was there, if he would buy a pair—he did not buy any—Sharp said he had dropped a pair, and a boy picked them up and went away with them—he then said he knew a person who would buy them, would I go with him—I went with him to Mr. Ryan's, in Peter-street—Sharp carried the boots—he asked Ryan 24s. for them, and Ryan gave him 17s.—I saw that—we left the boots at Ryan's, and Sharp and I went up to my sister's again—my sister asked Sharp where be got them—he said, "Not five minutes' walk from here"—my sister said, "Did you buy them?"—he said it made no matter to her—the policeman came, and Sharp was taken into custody for taking things from a furnished lodging—the policeman said I was to go as well, and he took me too—my sister followed us, and, as we were going along, Sharp said, "Oh, Mary, if they had come five minutes sooner they would have catched me with what I had got with me"—my sister said, "What, the boots?"—he said, "Yes"—she asked him where he got them—he said, "Out of Goswell-street"—the next day I was going down Peter-street with Sharp—we saw Ryan—he said to Sharp, "I had you to rights; you know what I gave you for those boots; I have sold four pairs to Mr. Green at 4s. is a pair"—Sharp said, "You had me for a
flat, then"—when we came away, Sharp said what a b——y fool he was; he wished he was as wise then as he was now.
Cross-examined by MR. HORRY. Q. When did you first become acquainted with Sharp? A. About two years ago—I never was in the House of Cot-rection—I was put into the Refuge by Mr. Alderman Gibbs till I got into an Asylum—I was put into the Refuge that I might be kept safe from Sharp's relations—they threatened my life—I first met with Sharp when I was in service in Spencer-street, Clerkenwell—he was not in employ—I believe he used to hang about the workhouse—I was in the Asylum at Norwood—I was not confined there for bad behaviour—no one found fault with my con-duct—I lived with Sharp twelve or fifteen months—he kept me—the charge was made against Sharp for robbing the furnished lodging, not against me, but Sharp said one should not go without the other—the lodging was is Blue Anchor-court, Whitecross-street—the landlord appeared, and gave evi-dence against me and Sharp for having robbed the lodging—we left the lodging without notice, and did not tell the landlord where we were going—I believe we had lived before that on Saffron-hill—I cannot recollect whether we gave those people notice—I did not take care of all those matters—I was left at home when Sharp went out—Saffron-hill was the first lodging I went to—I did not leave suddenly—I left because I had no rent to pay, and Sharp was in prison—the landlady took what few things I had—Blue Anchor-court was the second lodging I was at.
Cross-examined by MR. PAYNE. Q. You did not live with Sharp at the time you went to steal the boots? A. Yes, I had lived with him before—I could not live with him at that time—we were turned out of the furnished lodging, and he was living in one place, and I in another—I saw him take the boots—I did not say a word about it—I went and lived with him after that—when Ryan paid the 17s. he said, "I will make it up right another time"—this has not been made up by me for revenge—I did not think it would come to this—I was asked if I knew anything about it—I never was in custody without Sharp, till he gave me in custody for his aunt's robbery.
MARY CARLY . I am the wife of George Carly—I live in Smith's-buildings, Goswell-street. About eighteen months ago, in Dec. or Jan., Sharp came to my lodging, in Hartshorn-court—he had a parcel with him—he asked me to be so kind as to let him leave it—it was a little crockery-ware, and a few things he brought from his lodging—he left it, and came again in half an hour and took it away—I went to put a little water in the kettle, and my foot kicked against the parcel—I did not open it, but I could tell by the handling that it was shoes or boots.
Cross-examined by MR. PAYNE. Q. Are you any relation to Margaret Glynn? A. Her mother—she was taken into custody with Sharp that very night, on account of some furnished lodgings—she never was in custody be-fore—my first husband's name was Glynn.
MARY GLYNN . (My name is Glynn, but Fagan is the father of my child, who is four years old)—I live at No. 7, Mason's-place, City-road—I am the sister of Margaret Glynn—About Christmas, eighteen months ago, Sharp came to my house—he had nothing when he first came—he left, and went out—he came back in a few minutes with a bundle, with a cloth on it—I saw they were boots—I went out with a supper to the man I live with, and while I was gone Sharp offered to sell a pair—an elderly man and two policemen came and took Sharp and my sister—I followed them to the station; and Sharp said what a lucky job it was he was not taken before, as he would have been catched with what he had—I knew he meant the boots—I asked him where he got them—he said not five minutes' walk from my house.
Cross-examined by MR. HORRY. Q. When were you first spoken to about it since that time? A. When I first got the summons—I think it was within the last three weeks—I had never spoken to anybody about the boots up to that time, nor anybody to me—the gentleman that served me with the summons told me Mr. Cowan's shop had been robbed eighteen months ago—I should have known the time if he had not told me—it was a week or a few days before Christmas—I had not thought anything about it from Christmas 1844 till now—I never heard that Mr. Cowan's shop had been robbed before—I never said it was six or seven months since that he brought the boots—when the gentleman first brought the summons he asked me how long it was ago, and I did not recollect what he meant—he said, "Do not you remember the boots and shoes?" and then I recollected it was about eighteen months ago—it was in consequeuce of what be told me I said it was eighteen months ago.
JAMES CONNER . I work at the gas-works in Brick-lane. The last witness is my aunt. I remember being at her house nearly nineteen months ago—Sharp came there—he had some blucher boots in a bundle—Margaret Glynn was there—Sharp asked me to buy a pair of the boots—he offered me them for 3s. 6d., and then told me I should have a pair for half-a-crown—I did not buy them—I had not the money.
Cross-examined by MR. HORRY. Q. Who first spoke to you about this lately? A. Two policemen brought me a summons—they asked me if I remembered fitting a pair of bluchers on in Golden-lane—I said I did—I do not recollect the exact time, but I said I understood it was about eighteen months ago—I understood that from myself—I looked into it and considered the time—I went before the Magistrate—I have seen Margaret Glynn—she said it was a shocking case—we talked about trying on the boots, but not about the case altogether—I did not ask Sharp where he got the boots—he said his father kept a shoemaker's shop, and he was hawking them about selling them for him—there were other persons in the room, but not talking about it—Sharp did not say to me that he had made a good thing of buying them.
HENRY WM. DUBOIS (police-sergeant N 14.) I took Sharp into custody in Smith's buildings, Bell-alley, Goswell-street—I told him I wanted him for stealing twenty-five pairs of boots from Mr. Cowan's, which he sold to Ryan—he said, "I know nothing about it"—the next morning I went to Ryan—I first asked him if he knew Tom Sharp—he said he did—I said, "I have come after some tools he left here, such as files, saws, and other things"—he said, "He left none here"—I then asked him what he had done with the twenty-five pairs of boots he bought of Tom Sharp—he said, "Me! I have bought no boots of him; I have not seen him these six months"—I took him to the station—I asked him several questions—he said, "You seem to know a great deal; I suppose that little w—has told you this."
Cross-examined by MR. HORRY. Q. Was it from what Margaret Glynn told you that you took Sharp? A. Yes—she was then in the Refuge—I took her there by the order of Mr. Alderman Gibbs—she wished to come out again—Mr. Cowan's loss was not made known to me—it was known among the police.
Cross-examined by MR. PAYNE. Q. You went to try to get Ryan into a confession? A. No—I was in plain clothes, with two other officers—I knew about some tools—the principal thing I went about was not about the boots—I told the Magistrate and the clerk that I went about tools—I will not swear whether it was taken down—he was bailed by the Magistrate.
NOT GUILTY .
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 35.— Transported for Seven Years.
OLD COURT.—Wednesday, July 8th, 1846.
Fourth Jury, (half foreigners,) before Edward Bullock, Esq.
1438. EDWARD VIVER was indicted for stealing on the 19th of June, at St. Ann, Westminster, 2 watches, value 12l. 10s., and 1 guard-chain, 3l. 10s.; the goods of John Wheeler Jones, in his dwelling-house, and that he had been previously convicted of felony.
ANN HAWKINS . I am the sister of John Wheeler Jones, of Leicester place, Leicester-square—it is his dwelling-house, and is in the parish of St. Ann, Westminster—on the 19th of June, between nine and ten o'clock in the morning, I heard a knock at the street door—I opened it, and saw the prisoner—I am sure he is the man—he asked for Mr. Carteeny—there was a Mr. Carteeny lodged there—I asked the prisoner his name—he said Mr. Carteeny did not know his name—I went up stairs, leaving the prisoner in the hall-Mr. Carteeny was in the drawing-room on the first floor—I was not gone five minutes—I came back and the prisoner was gone—I went into the parlour and missed two watches off the parlour table—I had seen them there ten minutes before in a case, which was open.
Prisoner. Q. Did you ever see me before A. Not that I know—Iam quite sure you are the man.
NICHOLAS BUTLER (police-constable C 175.) On the 19th of June I took the prisoner in charge in Porter-street, Newport-market—I took him to the station, found 1l. 16s. in money, and a pocket-book on him, with two duplicates in it, one for a gold guard-chain, pawned for 1l. 15s., and a silver watch for 1l. 10s.—he was very violent, and beat and kicked me, and in the scuffle he flung two gold watches on the floor.
WILLIAM KIBBLE . I am shopman to Mr. Wells, of Broad-street, Bloomsbury—I produce a gold guard-chain, pawned on the 19th June, about eleven o'clock, by a man who I believe to be the prisoner—I gave him one of the duplicates produced.
Prisoner's Defence. I met a young man, who offered to sell me the watch for 5l. 10s.; I bought it for 5l.; he came to me again in half an hour, at a public-house, and offered me a gold chain very cheap; I bought two duplicates of him for 5s.; the man was like me, with long hair.
the prisoner's former conviction—(read—Convicted December 1844, and confined Six Months)—I was present at the trial—he is the person.
GUILTY . Aged 26.— Transported for Ten Years.
Fourth Jury, before Mr. Baron Alderson.
GUILTY . Aged 53.— Transported for Ten Years.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
ELIZABETH EBHART . I live at Cheltenham. In June last I was staying at Exmouth, in Devonshire.—On the 25th June I sent a letter to my sister from Exmouth, enclosing in it two small notes and a sovereign, which I wrapped in a piece of tissue-paper—these are the notes that I enclosed, (produced,) and it was in such paper as this that I enclosed the sovereign—this is the envelope in which I put them—it is my handwriting—it is addressed to "Miss Ebhart, Chelsea College, London"—I sealed it, and gave it to Thyrza Tar, the servant, to put into the post—my sister's names are Rhoda Mary Ebhart.
THYRZA TAR . In June last, I was in the service of Mrs. Beacham, at Exmouth.—On the 25th June I took some letters from the drawing-room table, one of them was addressed to Miss Ebhart—I recollect it perfectly well, it was in the last witness's handwriting—this is the envelope—I put it into the post at Exmouth, in time to go by the post of that day—I noticed there was coin in it—anybody could feel that.
WILLIAM STEPHENSON . I am clerk in the General Post-office. The prisoner was letter-carrier there, in June last—on the morning of the 26th June, I was in attendance at the time of the arrival of the Exmouth bag, which was between half-past five and seven o'clock—I opened the bag, and deposited the letters on the table—in the course of business they would be carried from that table to another, to be stamped—it was part of the prisoner's duty to take them to the stamper's table to be stamped—we opened twenty-six bags at that table—five persons were employed to carry the letters—the prisoner was one of them—he was on duty that morning—I saw him employed in carrying letters to the stamping-table.
Cross-examined by MR. BALLANTINE. Q. What time did the bag arrive that morning? A. About half-past five o'clock—I remember opening it—the prisoner was there when it arrived—I did not see him meddle with that bag further than bringing it to the place—it was sealed up then—there were five persons in that department during the hour and a half, from half-past five to seven o'clock—there are six persons in the first part of the morning, but only for a very short time—no other persons would have access to the letters before they had gone through his hands—at the stamping-table there are the stamper, and the person who takes the letters from him—six persons have access to the letters, that is, myself and the stamper, and four others.
ROBERT TYRRELL . I am one of the constables attending the General Postoffice. On Friday morning, the 26th June, I was standing at the basement of the building, to see what was going on in the water-closets; this model properly represents the arch, within which the water-closets are, except that these round holes are a narrow wire grating, so that nobody can see that anybody
is looking through—a gas-light throws a light over the whole of the waterclosets, and I could see everything that was going on—Peak was at the other grating—I had been on the watch for an hour and a half, ever since half-past six, and about eight o'clock, I saw the prisoner come to the second closet directly opposite me—the room was perfectly light, I could see everything—I saw him enter the closet, undo his things, and sit on the seat—he remained there a short time, and then put his hands behind him into his coat-pocket—he drew from his coat pocket a small piece of writing-paper, which he dropped in front of him down the hole, between his legs, without making any use of it—he placed his hands into his coat pocket again, kept feeling there some little time, as if feeling for something, and then he brought in front of him a piece of white paper rolled up small, in the shape of coin, he unfolded the rolls several times—I saw it was very fine paper—I then gave a signal to Peak—he took my position, and I went round to the prisoner, who was then in the act of putting his things up—I laid hold of him, and asked what he had put dots the watercloset—he said, "Nothing but what I have been using"—I searched him, and in his waistcoat pocket found 18d. in silver, a few loose coppers in his trowsers pocket, and a sovereign loose in his left hand breast coat pocket—I found a small canvass bag in his left hand trowsers pocket, tied up closely, containing a sovereign, and 13s. in silver—a plumber was sent for, the watercloset was opened, and I saw him take from the closet, from the seat from which the prisoner rose, this piece of tissue-paper, from the basement, and also this letter from the same place—there were no marks of use on them—one has the appearance of having been used—it was in halves, but they are put together—part of the half seems to have been used—he certainly did not use the part that he put down in front of him—the tissue-paper was in one strip at the time it was found, but it has got split—I told the plumber when he came, to look for a fine piece of tissue-paper.
Cross-examined. Q. It is well known, I suppose, to the persons in the post-office, that there are these holes? A. No—I have given that in evidence before, but there has been no case since the prisoner has been appointed—we have no chance of catching any but those who have been recently appointed—I had been there since half-past six, and had seen from two or three to five or six persons occupy this particular water-closet—no person had been to this one within five minutes before the prisoner—I do not recollect who occupied No. 2 immediately before the prisoner—my attention had not been called to the prisoner particularly—he might very likely have gone there for the purposes of nature—I can scarcely tell—he sat long enough for that purpose—I cannot form any opinion whether be used any paper for the ordinary purpose—this piece of paper has soil upon it—I did not see the act of wiping his person.
COURT. Q. You did not see him get off the seat the whole time, nor pot his hand behind him, apparently for that purpose? A. No—the pieces he took from his pocket he dropped in front—I left him on the seat when I went round—when a person rises from the water-closet, the water flows in.
MATTHEW PEAK . I am an officer of the Post-office. On the morning of the 26th of June I was stationed at one of the holes to watch—I did not tee the prisoner come to the water-closet—Tyrrel gave me a signal—I then came to the hole, and saw the prisoner sitting on the seat, in the act of putting small piece of paper in front of him into the basin—I then saw he had something of the appearance of coin in his hand, which he immediately put into his left-hand breast pocket, with his right hand—he had dropped the paper with his left hand—he then put his
hand into his coat pocket, pulled out a piece of paper, and dropped that between his legs, in front of him—he then put his hand into his pocket again, pulled out a similar piece and part of an envelope, he put the piece of paper between his legs, and used part of the envelope for a natural purpose—as soon as I saw him put the paper between his legs, I gave Tyrrell a nudge to go round, and be went away—I saw the prisoner rise from the seat, turn round, and look down into the basin—I then went round, found Tyrrell there and saw him take the sovereign from his right-band coat pocket.
WILLIAM BLACKBURN . I am a plumber, employed by the General Post-office. On the morning of the 26th of June I was called to examine the water-closet—it acts of itself—the moment the weight of a person sits era it, the seat jumps one inch, opens a valve, and water flows into the box at the bottom of the cistern, and when the person rises from the seat, the water rushes into the basin—I examined the water-closet in question, and found two portions of a letter, an envelope, and a small piece of tissue-paper on the surface of the water—the basin does not contain water, but the trap under neath contains about three quarts—there is no bottom to the basin—I took the papers out, and handed them to the officer—there were several pieces of brown paper besides in the trap.
EDWARD CHURCHILL . I am clerk in the inland office at the Post-office. On the morning of the 26th of June I was clerk of the table where the letters pass from the table to the stampers—I saw the prisoner assisting to carry letters from the table to the stamper—this letter has never received the London stamp—it must have been taken between the period of its coming from the bag and getting into possession of the stamper—it has the Exmouth stamp.
GUILTY . Aged 29— Transported for Ten Years.
Before Mr. Justice William.
MESSRS. BODKIN and DOANE conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor to the Mint. I produce an examined copy of the record of the conviction of Richard Burke at this Court, in Sept., 1845—I have examined it with the original in Mr. Clark's office—it is correct—(read.)
GEORGE BRANMAN . I am a baker, and live at St. George's in the East. On the 24th of June the prisoner came to my shop—Mary Ann Call assisted in serving—the prisoner asked for a two-pound loaf, which came to 3 1/2 d., and tendered a shilling—I examined it—it was bad—I asked where he got it—he said his brother sent him—I told him it was bad—he made no answer—I said I would keep it till his brother came for it—he went away—in consequence of suspicion, I went out, watched him, and saw him join two young men older than himself, about 100 steps from my shop—they walked together into the Commercial-road—then the prisoner went into Mr. Hunter's shop he came out, and then I only saw one of the others with him—I pointed him out to a policeman; I went into Hunter's shop, he produced a shilling—he with me to the station, and found the prisoner in custody—I gave
Manners the shilling he tendered to me—I had kept it separate from other money—I left it in the shop when I went out, separate from other money, and when I came back I found it in the same place, on a sack—I left the shop in charge of Call, and found her there when I came back—I am certain the prisoner is the boy.
MARY ANN CALL . I am servant to the last witness. On the 24th of June I saw the prisoner in the shop—he produced a shilling—I did not see where my master put it—he went out, and came back—no one had been in the shop in the meantime—I had not interfered with any shilling—I did not see him take the shilling off the sack.
JOHN HUNTER . I am a baker, in Commercial-road, about three minutes' walk from Mr. Branman's. On the 24th of June the prisoner came into my shop with another boy—the prisoner asked for a threepenny cottage loaf—I said there was none, they were 3 1/2 d.—he put his hand in the window, took a loaf out, said, "I will have this," and tendered me a shilling—I gave him the change, and he went out—George Branman came in in about a minute, and made a communication to me—I looked at the shilling I had received—I found it among the fourpenny pieces—there are divisions in my till—I found it where there were no other shillings—I am certain it is the one I received from the prisoner—I found it was bad, and gave it to Manners, who brought the prisoner to the shop soon after—I gave the prisoner a sixpence and 2 1/2 d.
JOSEPH MANNERS (police-constable K 231.) On the 24th of June, in coo-sequence of information from Mr. Branman, I took the prisoner in charge—I searched him in Hunter's shop, and found a sixpence and 2 1/2 d. on him—I received a shilling from Hunter, and another from Branman, which I produce.
GUILTY . Aged 16.— Transported for Ten Years.
(The prisoner had been twice convicted of felony, besides the time charged in the indictment.)
Before Mr. Baron Alderson.
GUILTY . Aged 32.— Transported for Life.
MR. BALDWIN conducted the Prosecution.
MARGARET WARRINGTON . I am the wife of John Warrington, who keeps we Hope and Anchor, public-house, Hereford-street, Lisson-grove. On Wednesday evening, the 17th of June, about ten o'clock, the deceased came to the home—I did not know him before—he was very tipsy—he appeared like a bricklayer—he asked for liquor, which I refused to serve him—he began abusing me in the most shameful manner—I desired him to go away—the prisoner, who is my husband's brother, tried to persuade him to go away—I sent for policeman—the abusive language went on, and at last his conduct was so had that the prisoner turned him out—I did not tell him to do so—nobody assisted him that I saw—he took him by the shoulders and put him out at the door—I saw no more.
Cross-examined by MR. CLARKSON. Q. I believe your husband was up stairs at the time? A. Yes—the prisoner assists in the business—before he
took him by the arms both he and I bad repeatedly requested him to leave—he had a stick in his hand—he swore very much, and used blackguard language—he lifted the stick up, as if to strike—it was then that the prisoner took him by the arms to prevent him striking, and put him out—the deceased had his stick with him still when he was put out—the prisoner's conduct has, in every respect, been peaceable and exemplary in my house.
THOMAS BONTALL . I am a farmer, and live in Hereford-street. I was at the Hope and Anchor on this evening, and saw the deceased come in—he used most disgusting language—Mrs. Warrington wished him to leave—he then used worse language than before, and refused to go out—he had a stick in his hand—I did not see him flourish it—the prisoner took him by the shoulder and put his face to the door—one part of the door was open—he opened the other part with one hand, and put him out—he did not push him—he put him out on the first step and directly let go of him—there are two steps from the pavement—the deceased had a stick in his right hand, he turned round, and made an attempt to come up the step, and tumbled down backwards on his head—I was standing almost close to the door at the time, and my wife by the side of me—I did not see the prisoner give him a push—he left go of him—the man made an attempt to step, to come into the house again'—the step was worn, and being drunk, he fell backwards.
MR. CLARKSON. Q. Did the prisoner use one atom more force than was necessary to remove him? A. He did not.
EDWARD DALE . I live in Hereford-street. About half-past ten o'clock on the evening in question I was at the window of my room, nearly opposite the house, three doors off—I do not knew what distance it is across the street—there is a gas-light, and a light over the house—I saw the deceased on the threshold of the Hope and Anchor, standing with his back towards the curb, going in at the door—I saw the prisoner push him—he then fell backwards, and came in contact with the curb—it was a push from the shoulder or breast—he laid there insensible.
Cross-examined. Q. Had you a distinct opportunity of seeing all this? A. Yes—I never said that it was Allen that did it.
NOT GUILTY .
Before Mr. Justice Williams.
1444. CHARLES WHITE was indicted for a robbery on George Fieldhouse, putting him in fear, and stealing from his person, and against his will, 1 watch, value 2l., his property, and striking, beating, and using other personal violence to him.
GEORGE FIELDHOUSE . I keep a beer-shop at Wolverhampton. On the 25th of June I was in London—I was a stranger, and had never been in London before—I had been in town about four days—it was about half-past ten or eleven o'clock at night—I was somewhere about Whitechapel, inquiring my way to Whitechapel-church—I had had two or three glasses of porter with a friend at Holloway, but knew very well what I was doing—three men came up to me—they were strangers to me—I asked them to have the kindness to show me the way—they took me about ten yards down a street not many yards off, and then knocked me down—they tore my watch from my pocket, and broke the guard, part of which was left round my neck—it was a silver watch, worth 50s.—I had some money in my pocket—I did not lose that—I cannot tell whether they felt in my pocket—I was struck at the back of my head with a man's fist—I do not know who knocked me down—the prisoner is the man who was over me, while I lay on my back, and was taking my watch out—he had got a furry cap on—I had never seen him before—I saw him not many minutes after I was knocked down—he was on
the top of me—I saw him next morning at the station—I said nothing to him, and did not hear him say anything—I have not found my watch.
Prisoner. He asked the way to Whitechapel church; I said, "You are opposite it;" he took me to have something to drink, and at the bar be wanted to say I had his watch.
JACOB JONES . I am a tailor—on Thursday evening, the 25th of June, about eleven o'clock, I saw the prosecutor come out of the Angel and Crown public-house, opposite Whitechapel church—he was very tipsy, and without his hat—a female outside the house said to the prisoner, "Bring back the man's hat"—the prisoner brought his hat, put it on his head, and said it was only a lark—the prosecutor said nothing that I heard—I did not notice then directly afterwards, but in a minute or two I saw the prosecutor fall down—I do not know by what means—I walked fast up to them, and saw three persons round him—I said, "Fair play gentlemen"—the prisoner said, "It is all right, sir"—I took hold of the prosecutor and lifted him up—he walked about twelve yards, and then said, "They have got my watch"—I had not observed what the three men were doing—when I took the prosecutor up the prisoner went away—the prisoner was leaning over towards the prosecutor—the prosecutor pulled out his guard and said, "They have taken my watch"—I did not particularly examine the guard—I said to the prisoner, "He has lost his watch"—the prisoner said, "I know nothing about it, sir"—they had gone away but the prisoner had come back—I said, "You are one of the three persons that were standing over him"—he said, "I know nothing about it"—I let him go then—I informed the first policeman—I accompanied Sugg to the Angel and Crown, and pointed out the prisoner—this was about twenty yards from where it happened.
DANIEL SUGG (police-constable.) On the 25th of June, about half-pass seven o'clock, Jones took me to the Angel and Crown, Whitechapel, and pointed the prisoner out—I left the prosecutor, who was very drunk, in the charge of another officer in the street—I laid hold of the prisoner's arm—he turned round—Jones said, "That is the man"—the prisoner said, "Oh, yes, I have picked the old man up"—I took the prisoner out of the house—the prosecutor did not seem to know him—I took both to the station—he made no reply at all when Jones made the charge at the station.
THOMAS KELLY (policeman.) On the night of the 25th the prisoner was taken to the station—a little after ten o'clock next morning I saw him and the prosecutor together at the station—the prosecutor was standing at the door, and as soon as he saw a number of persons coming, he looked and pointed out the prisoner as the person who had taken his watch—the prisoner did not hear what he said—as I was handcuffing the prisoner he said, "I had just left off work at the time, it is true I stood by and saw the man knocked down, but as I have been searched, and nothing found on me, they can't hurt me; I was very drunk at the time"—I had seen him overnight—he appeared to be sober—the prosecutor's guard was broken.
NOT GUILTY .
LUCY HARLEY . I am the wife of the prisoner—I had been separated from him for five years before the affair in question—I had not seen him for four years and a half till the last six months—on the 18th of June I was at my husband's sister's house, No. 20, Piston-place—I had lived with her since we separated—about half-past eleven o'clock in the day I was in the kitchen with my sister, when the prisoner came to the house—he had some herbs in
his hand, and a small bundle—I said nothing to him, I werit from ihe front kitchen to the parlour, leaving him in the front kitchen—I afterwards walked down from the back parlour into the back kitchen, and he came into the back kitchen—he had his boot which he had worn in his hand—he said,." Bo you know where there is a piece of old leather?"—I reached across the kitchen table and gave him an old boot to cut a piece off—the boot was still in bis left hand to the best of my knowledge—it was a boot he had worn—he WAS a cabinet-carver—the old boot belonged to a lodger who had left us—immediately I gave him the old boot I left the back kitchen, and walked to the front, and before I got half way across the kitchen, he seized me by the throat—I struggled some time with him—he threw me down in the kitchen, and stabbed me in the lower part of my body with a carving-knife—he put it under my clothes to stab me, not through them—the knife remained in me—I pulled it out myself, to the best of my knowledge, before my sister came—she came as soon as she could, and called out"Murder!"—the prisoner walked into the back kitchen, and as he passed about half way across the kitchen he said, "You have been the death of me, and I am the death of you"—that was after I was wounded—I bled a good deal, and have had medical assistance ever since—Dr. Baine attended me up to the last Friday—I am sure there were no words passed between us—I bad seen him the day before at my sister's house—we bad no quarrel that day.
Prisoner. I wish to ask, what she was going to the cupboard for? Witness. To the best of nay knowledge there was a plate standing on the table, and I was going to put that away.
COURT. Q. How long had you lived with him before you separated? A. Five or six years—I had not observed anything particular, or out of the way, in his manner during that time—he was addicted to violent drinking, and was of a violent temper—he used to continue drinking for a long time together, after which his temper was very violent, but merely at the time he was in liquor—I did not notice whether he was drunk on this day, I noticed him so little—I seldom used to lift up my eye to him—he was in perfect silence that day—I cannot judge from that whether he was sober or otherwise—he appeared quite sober the day before.
SARAH THOMPSON . I am the prisoner's sister; his wife has been boarding and lodging with me for some time. On the 18th of Jane the prisoner came to the house, about two or three o'clock—when this occurred his wife was up stairs fastening my dress—she remained in the room a very few minutes—she went into the back parlour, and then into the front kitchen—when she had been there a few minutes I beard a screaming; I did not hear any words—I went down immediately—I was very much frightened and agitated—I saw blood running from, the bottom of my sister's clothes—she ran up into the second-floor room, and came down again—I did not tee a knife, I was so agitated—I said to the prisoner, "You have killed Lucy"—he did not make any answer—when she came down again she fainted—there was a very great deal of blood—the knives we had used for dinner were all in the back kitchen, on the table—I believe there was a carving-knife among them—when I next saw the prisoner he was coming from one kitchen into the other—I said nothing more than I said before, that I thought he had killed Lucy—he said nothing—I do not remember his taking a chair—I was very much agitated, and ran up and down stairs to her assistance—I do not remember hearing him say anything to me—there was blood all up the stain—my sister ran up stairs, came down again, and fainted.
Prisoner. Q. What did I say when I first came into the kitcheo? A. I do not recollect—I believe you brought the herbs to be stewed—they were
not for dinner, they were to be stewed for your bad foot—I believe you had a swollen ankle, and I put on the kettle, to make some herb tea to bathe your foot with—that was in the back kitchen.
COURT. Q. Was it not a good deal earlier in the morning than you describe that he first came? A. He came between ten and eleven o'clock in the morning, but it was after dinner when this happened—he remained in the house from half-past eleven till it happened—I am older than he—I have observed something particular in his manner—he has often said that I and my sister had put poison and sugar of lead in the victuals he has taken, and the gruel he had made—he has repeatedly said we have put powder into his gruel and his tea—he lived in the house from Christmas until within the last two months—since then he has called occasionally—I have observed some thing very strange about him since Christmas—he has called us up in the night, saying he was very bad, and was very deranged in his manner—he repeatedly called us up, and said there was fumigation in the house, but there has not been—by fumigation he meant smoke—he and his wife occupied separate rooms—he left the house about two months before this happened, because I moved down there—we had been living at another house, at the West-end, and then we moved to this house, and he used to live with us—I had not put anything into his gruel or tea—we all partook of it—he has never been in any confinement—he followed his business during those two months.
JOHN SMITH (policeman.) At a little after three o'clock I was called into the house, and saw Mrs. Harley standing on the staircase—there was blood all about the place, on the staircase and in the passage—she was in a very weak state, and fell into my arms fainting—the prisoner was not there then—I went into the front kitchen, and found him sitting in a chair—he immediately said to me," I am the murderer, I done it with a carving-knife, I gave her a back-handed stroke with it"—I said he must come to the station—he said, "Let me get my slippers"—on the way to the station he said that he ms using the knife to cut an old shoe—he appeared sober—he was rather excited—he hardly knew what he was saying—he seemed rather strange in his mind for a moment, I thought, but there were a great many people screaming about, saying she was a murdered woman.
Prisoner. Q. Did I express anxiety about her? A. Not to me—there was not a dark-haired policeman there—you did not say you wished to see inspector Shackell.
Prisoner. It is a mistake about my saying, "I am the murderer."
JOHN CASS WALLER (policeman.) On the 18th of June, about a quarter after three o'clock, I went to the house, and found a carving-knife in the back kitchen, with a sort of duster thrown over it—I produce it—there is the appearance of blood on it which has been wiped—it is smeary—a liquid being wiped off would not make it the same—it has a red appearance—I imagine the gravy of meat would make a similar mark—it is not grease—the color of blood was distinct on it when I first saw it—I showed it to the surgeon—I showed it to the prisoner—he said, "That is the knife I stabbed my wife with"—I saw a handkerchief taken from him at the station, which I produce—there were blood marks upon it, which are here now.
Prisoner. I told you at the station how the marks came on the handkerchief. Witness. He said at the police-court that he had cut his hand, and wiped it on the handkerchief.
Prisoner. Q. Did I not show you where the knife had gone through my arm? A. No.
I was called in to see the prosecutrix—I found her lying on the ground, in a very alarming state—she had received very severe injuries, which had caused very great haemorrage—the injury was in the vagina and in the perinaeum—it had been caused by a stab from some sharp instrument—the perinaeum was cut through, and the wall of the vagina—I imagine it entered from the peri-naeum under the vagina—it was a very dangerous wound, about three inches deep—the immediate danger was from the loss of blood, and there was danger to be feared from inflammation—this knife would very likely have caused the injury—she was in great danger for some days—I consider her out of imme-diate danger now, but she is still in a very exhausted state.
Prisoner. Q. Did you observe any bruises or wounds about her neck or head? A. I did not—my attention might have been called to it, but my im-pression is there were none.
Prisoner's Defence. All I have to say is, I left work at nine o'clock in the morning; my leg being swollen, I went there as I had done the Tuesday before; I went down into the kitchen, and told them to make some tea; I made two jugs full, and waited for it to get cool to put into a bottle; I was waiting for the water to be boiled, to bathe my feet in the back kitchen; I sat down by the side of the fire-place, cutting a piece of old boot to put into the boot I then had on; my feet were swollen, and I was obliged to cut my boots about; as I was cutting the leather to go into the toe, my wife passed me; I made the remark to her, "Here is a state I am in," as she passed by me I received a most cruel kick on the side of my contused foot; in the agony I was in with my bad foot, she stumbled against me, kicked with her leg against my arm, and the knife went into my arm; I did not know I had thrust the knife into her, or what I had done, till I saw the knife there; it happened in the struggle, and when I saw what I had done, I was paralysed and horrified, and could not take it out; when the policeman came I said, "I am the man: if anything is done, I am the murderer;" I was truly hor-rified at what I have done; 1 was unconscious of using the knife; I never quarrelled with the woman, never put a hand on her the whole time I lived with her but once, six or eight years ago; on the Sunday I went down to make a separate arrangement with her and the child, as I had got permanent work; my sister asked me to stop dinner; I was anxions to get away, be-cause I felt more pleased that week than I had been during all my life, as I had permanent employ, to carve work for the House of Lords; I never put a hand on her; as she kicked up her foot, I put up my hand, and run the knife into my arm; I was in agony at the moment, and went to thrust her foot away; she went from the table to the cupboard, which will prove I did not follow her into the kitchen; I was paralysed at the evidence she gave before the Magistrate; she fell over the fender; it was merely accidental.
GEORGE ROGERS . I am one of the firm of Rogers and Company, uphol-aterers, at Hyde Park-corner. The prisoner has been occasionally employed by us as a carver, until within about three weeks of this time—in Feb. last, about ten or eleven one morning, he came in a most excited state, the pers-piration was pouring from him, and he could scarcely speak—he said there was a conspiracy to murder him—he begged to be allowed to sit down, and sat there some little time—he stopped, I should think, a couple of hours—I was out some part of the time—I returned in about an hour, and he was still there—on one or two occasions he has come in with something of the same tale, that people were conspiring against him, and seemed to be continually im-pressed with a notion that somebody was trying to do him an injury—he did not mention who the parties were—he went to the door, and begged us to look out—he thought somebody was following him, but nobody ever came near—it
was quite by accident I saw this affair in the newspaper, which made me attend here—for some time I thought the excitement was from liquor, but be never smelt of liquor—I never saw him drunk—he had worked for us occasionally for the last year and half—the last time I saw him in this excited state was about three weeks before the 18th of June—he said people were still conspiring against him—I asked what he meant—he answered me in a very long strain—I cannot tell you his answers—they were not very rational ones—he did not name any person in particular—he followed his work as usual, but very carelessly—the last work he had from us was in hand four or five months—it ought to have been finished in four or five weeks at the most—we had great difficulty in getting him to do it—he was very clever in his business—it is my decided opinion that at times he scarcely knew what he was about.
ISAAC HALL . I am a surgeon, and live at Stepney-green. The prisoner's brother called on me last night, and asked me to attend here—I attended the prisoner about a month ago, or rather less—about the 6th of June, about one o'clock in the morning, I was called up by the prisoner—he brought a large earthenware mug, with some dregs of porter, I believe, in it—he said he believed he had been poisoned, that he had come from Limehouse, and called on several medical gentlemen on the way, but they were all in bed—he wished me to give him some medicine—it was my impression that he was labouring under a strange delusion—I gave him a simple draught, and recommended him to call on me next day, which he did—I had a longer con-versation with him, which left no doubt on my mind that he was insane, that he had some strange delusion—he mentioned his wife and her sister, and coupled them with the odd fellows—he said they were watching him where-ever he went, and were poisoning his food, that they had gone so far as to send people to the shop where he was at work, and caused charcoal or some-thing to be burnt so as to fumigate the place, with a view of poisoning him—I saw him a third time, and recommended him to let me see some of bit friends—the last time I saw him was about a week after the first—it was not three weeks ago—he was just in the same state, perfectly sensible in his con-yersation in every point but what I have mentioned, that his sister and wife and the odd fellows were watching him to poison him, putting poison into his beer, and if he went into a public-house, they poisoned him—the term conspiracy was rather a favourite term with him—he used it more than once—to the best of my knowledge, he was not drunk at any of those times—he decidedly did not appear so—I told him once to put his tongue out, and it was not in a heated state, which it would have been if in liquor—he was cool and collected, except when he first came to the door—he was rather excited in his mind.
RICHARD HARLEY . I am the prisoner's brother. About two months ago he left his sister, and came to live with me—he stated his reason for leaving his sister was that they were conspiring to destroy him—he said it was the odd fellows, at the head of which was his wife—he lived with me about three weeks, and during the whole of that time he could say nothing but about poison he had taken internally—he said he had taken a peck of oxalic acid, arsenic, and other poison—I saw the delusion he was labouring under—he said I thought he could get work in the country—I persuaded him to go—I went with him on the road to see him off to Southampton, and when I left him he must have turned round and followed me almost directly, for I found him at my place next day—I told him I could not accommodate him any longer there, and he left me, and went to my sister's—I did not hear anything more of him till be called on me on Monday, the 13th of June, after he had left the medical gentleman—he
knocked me up at two o'clock in the morning, saying he had been taking some medicine to counteract the poison—I got up to let him in—he had a yellow mug in his hand, and said there were dregs of poison in it; his was obliged to go to the doctor's to get some medicine—he stopped a short time, went out about six o'clock, returned at eight, and breakfasted with me—he left, and I saw no more of him till the Wednesday, when I met him hi Mile End-road—he complained of his foot being very much swollen, and said it was the effect of the poison he had taken internally, and declared to me that he would be revenged—he did not say of whom—he said the whole body df the Odd Fellows were united in conspiracy against him—he does not belong to the Odd Fellows—this was the day before this happened—during the time he lodged with me his whole conversation was about nothing but poison hi bad taken, and that he was obliged to take a large quantity of medicine to counteract it—I live three miles from my sister's.
GUILTY . Aged 54.— Death recorded.
WILLIAM PHILLIPS . I am a labourer, and live at No. 3, Match-walk. In the month of June, between one and two o'clock at night, I was standing at the bottom of Bluegate-fields, and met Margaret Follon—ihe is a married woman—I saw the prisoners there—Catherine was having a row with Margaret Follon—they were both strangers to me—the prisoner Catherine threw a jug of porter over Follon—it went all over her gown and face—Follon turned round to make an attempt, and the prisoner then struck her with the jug over the brow—Follon did not make any blow—she fell down—both the prisoners ran away, and I after them—I did not see the prisoner Thomas do or say anything—I examined Follon's head, and saw the cut, when the blood was washed off, at the station-house—she was afterwards taken to the hospital—she was waiting in the highway for her husband, who was gone to Gravesend—she seemed better than usual before she got the cut—I saw her last Friday, and she seemed very weak—I have not seen her since.
Catherine Postles. I was in bed at the time.
JAMES WITTLETON (policeman.) On the 18th of June, between one and two o'clock in the morning, I saw the prosecutrix and Phillips standing at the prisoner's door, in Cow-lane—I believe the prisoners to be man and wife—Follon was bleeding very much about the head—the door was shut—we knocked to get in fur some time, but could not—we burst the door open, and found the two prisoners up stairs—Phillips said, in their presence, that they were the two who had committed the assault—they were dressed at the time—Phillips asked the female prisoner what she was looking after, and she said, "After the party who committed the assault"—Phillips said, "Oh, you are the party I am looking after"—she said nothing—the male prisoner said he did not see why he should be taken out of his own castle—I took them both to the station, and afterwards took the prosecutrix to the hospital—the front of her head appeared to be cut very deep—I picked up some pieces of an earthen jug in the highway, opposite the Bull's Head, where Phillips pointed out.
JOHN CAWOOD WORDSWORTH . I am house-surgeon at the London Hospital. On the 18th of June the prosecutrix was brought there—she had a very severe laceration on the forehead—the skin was broken, and it bled considerably—it did not go quite to the bone—she has got better—I have not seen her since the 30th of June.
Witnesses for the Defence.
MARGARET RAGAN . I am married. I know the prisoner Margaret—on the night in question I sent her out for a pot of porter, which she brought safe to me—it was in a blue jug which I had given her—that was about one hour before the policeman came and took her—I cannot tell where she had been before that—I was at her place—I lived there—I had been there all day in her company—she left at about a quarter to twelve o'clock, and was back before twelve—I do not know anything of her before that time—I cannot say whether she was out at eleven o'clock—I was in the same house, but I cannot answer for where she goes—I am not down stairs to see who is in and who is out—I do not know when I had seen her last before—the policeman took her long after that—I was in bed when she was taken—I had seen her several times between eight and twelve o'clock—I cannot swear whether she was out between eight and twelve—I was never out.
NOT GUILTY .
THIRD COURT.—Wednesday, July 8th, 1846.
First Jury, before Mr. Baron Alderson.
1447. WILLIAM WOOLFE was indicted for feloniously assaulting William Ching, cutting and wounding him in and upon his head, right temple, and face, with intent to maim and disable him.—2nd COUNT, to do grievous bodily harm.—3rd COUNT, to prevent the lawful apprehension of William Pickley.
MR. CLARK conducted the Prosecution.
WILLIAM CHING (police-sergeant D 23.) On Tuesday afternoon, the 2nd of June, about six o'clock, I was on duty in Duke-street, Manchester-square—in consequence of a disturbance in Edwards'-mews, I went in there and saw two men fighting—George Thornton, another constable, came there at the same time—I separated the men, and they were taken away by their friends—then were about 100 people of the lowest character in the mews, who were dispersing, as the men were taken away—I saw William Pickley there—he said he would mark me, and struck me twice in the face—in consequence of that I took him into custody—many of the mob came back, and the prisoner amongst them—I have known him three or four years—he took hold of Pickley with one hand and me with the other, and said, "I am b—if you shall-take him"—I said I would take him, and still kept hold of Pickley—the prisoner kept hold of me till I let go of Pickley, and then the prisoner ran away in tie crowd—I got hold of Pickley again, the prisoner struck me in the breast, and said, "I am b—life you shall take him, I will have your b----life first"—some one caught hold of my arms and held them behind me—I had my staff in my hand at the time—I did not use it—the mob laid hold of my harms and held it down—Pickley at that time struck me a blow on the mouth—my hat was struck off at that time, and then I received a blow on my right temple which made me senseless—I bad hold of Pickley at the time.
Cross-examined by MR. FORSTER. Q. Will you swear you did use your staff on the persons of the seconds in that fight? A. Yes—I did not strike them at all—I had not a chance—I would have done so if I had had a chance—the mob did not cry out "Shame!" at my conduct—they knew the character of the parties—they did not cry out "Shame!" at all—I did not use my staff on any occasion—I did not strike the prisoner—I tried to do so—that was before I received the injury—I had not power to do it after I had received this blow—I had received blows, but not this one—I endeavoured to strike Pickley after that first blow—I went to do the best I could to get the crowd away quietly.
GEORGE THORNTON (police-constable D 109.) On Tuesday, the 2nd of June, about six o'clock, I went into Edwards'-mews to assist Serjeant Ching—we separated two men who were fighting there, and the crowd were dispersing—Pickley came up to Ching, and said, "I will mark you"—Ching called to me to assist in taking Pickley into custody—the prisoner came up to, Chjng, he said he should not take him, and struck Cbing a blow on the breast-Ching at that time had got hold of Pickley on one side, and I on the other—the prisoner ran a short distance away—Ching followed him, but seeing that I was almost overpowered with Pickley, I believe he came back to me—the prisoner came back a second time, and tried to take hold of him again—he made a blow at Ching, and said, "You b——take that"—he struck him, and turned round and struck me in the eye—he made a blow at Ching, and knocked his hat off—he then went a short distance out of the crowd, and picked up this brick (producing it), came towards Ching, about five or six yards from him, threw the brick at Ching, and hit him on the right temple—Ching's hat was off at the time—the prisoner looked at Ching, and seemed taking an at him—the crowd seemed to make way for him—he was clear of the other people—he was caught by some one in the crowd—I picked up the brick immediately, and have had it ever since—I am quite sure the prisoner is the man—I was as near to him as I am to his Lordship.
Cross-examined. Q. There was very great excitement that evening? A. Yes; the mob seemed sorry we came to spoil their sport—I cannot say that the prisoner was annoyed at my interference—we had not been very busy with our staves—Ching drew his when he was struck—I will swear he did not ate it—I did not draw mine till I was down on the ground, and had to fight my way out of the crowd—I did not hear the prisoner say that he would see fair play—he endeavoured to rescue his companion, who I was going to take to the station—I swear I did not hear the mob cry out, "Shame!"—I will swear that in the crowd of a 100 people I saw the prisoner take up the brick—the people seemed to be separate from him—he was a little distance out of the crowd by himself—there were only a few people between him and me-there were some—I positively swear he is the man—I have not the least doubt of him.
MR. CLARKE. Q. You spoke to the prisoner in the crowd, I believe? A. Yes: he made no answer.
PHILLIP AUGUSTUS WOODS . I am a carman and live at Robinson's Cottages, Francis-place, Pimlico. On Tuesday evening, the 2nd of June, I was in Edwards'-mews, and saw Ching and Thornton—Pickley and the prisoner were there together—Pickley came up and faced Ching, and Ching told him to mind his own business, and not to interfere with him—he was taken into custody—the prisoner came behind Ching, and tried to take his truncheon away—Ching went to another part of the mob—I went to a doorway, and taw the prisoner pick up a brick—he held it in his hand about a minute, took aim, and threw it at Ching—he was about six or seven yards from Ching at the time.
COURT. Q. How near were you to the prisoner? A. About three yards, in a direction between him and Ching—I have known the prisoner from seven to nine years by sight, and have not the least doubt he is the man who flung the brick.
Cross-examined. Q. You were there to see the fight? A. I was not there when it began—I did not see either of the police-constables use their staves—they had them out—I did not hear the mob cry, "Shame!"—I heard some women shouting—they did not seem to like the conduct of the police—they thought the police were going to use their staves—I was three yards
from the prisoner when he took up the brick—there Was no one between us there were people about—I did not hear the prisoner say he would see fair play, or remonstrate at all.
MR. CLARKE. Q. You had a distinct view of the prisoner and Ching at the time the brick was thrown? A. Yes.
THOMAS MARVIN . I live in Duke-street, Manchester-square, and assist my father, who is a boot-maker. On the 2nd of June I heard a disturbance, and went into Edwards'-mews—I have known the prisoner six months—I saw him and Ching there—the prisoner threw a brick, which knocked Ching down; that is, he would have fallen if he had not been supported—he was about six yards from Ching at the time he threw it—I was two or three yards from the prisoner, and am sure he is the person.
Cross-examined. Q. Did you observe any conflict going on between the police and the mob? A. No, I did not see them using their staves.
CHARLES WILSON . I live at Mr. Marvin's, in Duke-street. On Tuesday, the 2nd of June, I was in Edwards'-mews, and saw the prisoner throw a part of a brick at Ching—it hit him—he turned round, and was about to fall, but a gentleman caught hold of him—I was about two yards behind the prisoner—I have known him for two or three years—Pickley got away after Ching was struck.
WILLIAM RANDALL VICKERS . I am surgeon to the D division of police, and live in Baker-street, Marylebone. On the evening of the 2nd of June Ching was brought to my surgery—I examined him, and found a severe lacerated wound on the right temple, about two inches and a half in length, laying bare the bone—there was another wound on the inner side of the lip—I attended him for several days—it was a wound that I expected considerably more danger from, and could have been produced by this thing before me.
** GUILTY on the 2nd and 3rd Counts. Aged 21.
Transported for Ten Years.
(The prisoner had been several times summarily convicted for assaults on the police.)
NOT GUILTY .
NEW COURT.—Wednesday, July 8th, 1846.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . * Aged 45.— Confined Nine Months.
GUILTY . Aged 16.— Confined Three Months.
GUILTY of an Assault. Aged 29.— Confined One Year.
1452. CHARLES SPENCER and LOUISA GOLDING were indicted for burglariously breaking and entering the dwelling-house of Fanny Billinghurst and another, about the hour of twelve in the night on the 22nd of June, at Staines, with intent to steal, and stealing therein, I writing-desk, value 2l.; 1 pencil-case, 10s.; 1 knife, 6s.; and 1 paper-knife, 1s.; the goods of Fanny Sarah Billinghurst: 1 desk, value 2l.; and 1 seal, 5s.; the goods of Lucy Emily Billinghurst: 2 aprons, value 12s., the goods of Martha Reason: 4 spoons, value 10s.; 1 glass cloth, 2d.; 24 knives, 12s.; and 44 forks, 10s.; the goods of Fanny Billinghurst.
FANNY SARAH BILLINGHURST . I live with my mother, Fanny Billinghurst, at Staines; the house is my mother's and aunt's; my sister, Lucy Emily Billinghurst, lives with me. On Monday, the 22nd of June, I went to bed about half-past eleven o'clock—the house was shut up in the usual way—the windows and doors were all shut I believe—Martha Reason, one of our servants, called us about twenty minutes after six the next morning—I then missed a writing-desk of my own, and a penknife and some property of my mother's and sisters—I had seen them all safe the night before—I had been using my desk in the afternoon or evening—it was in the dining-room down stairs—tome things were missed from the kitchen—we missed a considerable mass of property—the scullery window had been forced open, and the door was open—that window had been nailed up—there was one pane of glass. removed from it, which would enable a man to put his hand in—it must have been forced—some of the nails were left in—in the course of that night, about ten minutes before twelve o'clock, we heard a noise, and went into different rooms with a light, but discovered nothing—the articles produced are mine, my mother's, and sister's.
MARTHA REASON . I am servant to Mrs. Billinghurst. I went to bed a little after eleven o'clock on the 22nd of June—I went before my mistress—when I went to bed the scullery window was quite fast—I came down at twenty minutes past six the next morning—the dresser drawers were open, and the things all about—the scullery door was open, and the window had been forced open—I went and informed my mistress—I missed two aprons and a flannel petticoat partly made, of my own, out of a drawer—they are mine—these other things are my mistress's—her house is in the parish of Staines.
EDWARD TAYLOR (police-constable 26.) I received information on the 23rd of June—I went to Ditton, to Waltham, and to Hersham—I received more information, and on Friday morning, between one and two o'clock, we found the prisoners in a shed close against Mr. Carter's house, at Waltham, which is some miles from Staines—I found a bundle in the shed, containing a great number of articles which had been lost, and have been sworn to by the witnesses—I asked Spencer whose the bundle was—he said it was his own—he was then taken before the Magistrate—I then made inquiry about some knives and forks—I found them at a publican's, named Bristow, at Ewell—they have been identified—I got this writing-desk from Palmer Porter.
RICHARD MOORE (police-sergeant T 4.) I examined the prosecutrix's premises, and found the scullery window had been broken open—I went with Taylor to Mr. Carter's and found there a cart which we had been looking after—I went to the shed, and apprehended Golding coming out of the shed, between one and two o'clock in the morning—I said to Taylor, "Look out, I think the man is handy by"—he found Spencer—Golding said she had got herself into a pretty mess by riding with this young man—in searching the premises I found another shed, which was locked up, which Mr. Carter told me was occupied by Charley, the rag and bone man—in searching that shed I found under a tea-chest, this bag of letters belonging to the Miss Billinghurst—I
got this small gold seal from Palmer Porter—we called at Mr. Carter's again on the Saturday and got a coat, a pair of trowsers, and a pair of stockings.
MATTHEW MOORE (police-constable V 35.) I went to Mr. Carter's and found the cart—I asked Mr. Harlit, in the presence of Spencer, whether that was the cart that had been at Kingston, and he said it was—it was the horse and cart he had lent to Spencer—that was the cart we had been following from the Tuesday—I went to the locked shed at Mr. Carter's, and found the teachest and the letters—I then went to Porter's at Kingston and found this desk, which has been identified by the prosecutrix—I got these tea-spoons from Porter on the Friday morning.
PALMER WILLIAM PORTER . I saw the horse and cart on the Tuesday evening at Mr. Stammer's about seven o'clock, or half-past seven—Spencer was in it, and there was a woman with him—I saw Golding with Spencer at Esher the next morning—Spencer was hawking about a writing-desk and tome knifes and forks, offering them for sale—I gave him 39s. for the lot—there were about two dozen knives and forks—I think I gave a good price for them.
HENRY ROBINSON . I am an officer of Waltham. The policeman and I were in search of the prisoners—I took Spencer—Mr. Carter told me that Charley the rag-man had the shed—I took a bunch of keys from Spencer, and one of them unlocked the shed where the bag of letters was.
CATHARINE CARTER . The prisoner Spencer was a lodger of mine for about four months—he took the shed where these letters were, of my husband, and he had the key of it—I never knew Golding till the police brought her to me.
Golding. You searched my person. Witness. No, a lodger of mine did—it was my husband's brother's son's cart that they had.
THOMAS STAMMERS . I keep the William the Fourth at Kingston. The two prisoners came to my house on Tuesday evening about six o'clock with a horse and cart, and had the horse taken out to bait, and they had some chops cooked—they had two desks and a bundle—Spencer was selling the things—Golding did not seem to take any part in it—they had a wheelbarrow in the cart—my house is about nine miles from Staines—they left about eight o'clock.
Spencer. Q. When I offered things for sale did you think they were "honest?" A. Yes—a person offered you 30s. for some and you would not take it—I saw some letters in one of the desks—you stated that you bought the things of a man at Chertsey.
Spencers Defence. I bought them of a man at Chertsey, who said his name was John Parker, the morning after the robbery; I bought the desks as empty; I was not aware they contained anything; I got a key fitted to one of them, opened it, and it contained the letters; I have been in the habit of borrowing that horse and cart to go to various places, on business as a general dealer; I am perfectly innocent.
Golding's Defence. I had been to the races, and they had not got a van that I could come home by; I met with this prisoner at Moulsey; he said he was going to Kingston, and asked me to have a ride; we got to Kingston; he then said he had not settled his business, and if I would go with him he would take care I had a lodging, and he was coming to town the next day; we set out next day to come to London; he met a broker, and they went into a public-house and settled their business; he then said he wanted to see another person, but he would see me eventually to London; that he had to
go some distance; we could not get a bed at Waltham, and he laid we must make shift there till morning; I had no alternative but to stop there.
SPENCER— GUILTY . * Aged 22.— Transported for Ten years.
GOLDING— NOT GUILTY .
GUILTY . Aged 25.— Confined One Month.
GUILTY . Aged 25.— Confined Six Months.
FREDERICK PELLING . I saw the prisoner running up Glasshouse-fields on the 27th of June—it was in the middle of the day—I do not know the time—I saw him drop four cigars—I took them up, and gave them to Mrs. Penn.
ELIZA OCKELFORD . I live with Mr. Stephen Butcher Penn, at Stepney. On the 27th of June I saw the prisoner come into his shop, and take two bundles of cigars, and he went down Glasshouse-fields—I am sure he is the person.
Prisoner's Defence. I know nothing about them.
GUILTY . †* Aged 18.— Transported for Seven Years.
MR. DOANE conducted the Prosecution.
JAMES DAVIS . I keep a beer-shop in Catharine-street, Limehonse. Mr. Dyer is a painter—I have known him ever since I have lived there—I have seen the prisoner with him—on the 13th of June the prisoner came to me, in the morning—he said he wanted to borrow 5s. on account of Mr. Dyer—I told him if be went back to Mr. Dyer and brought a note from him I would lend him 5s,—he went away, and returned about eleven o'clock with a note—I read it over, and suspected it was not genuine—I gave it to my son with two half-crowns—I directed the prisoner to show him where Mr. Dyer was, and my son to give the money to Mr. Dyer, and he might do as he pleased with it—my son came back without the prisoner or the money—in cones-quence of what my son said, I went and saw Mr. Dyer—I then took the pri-soner to Mr. Dyer's, and. they had some words together, but I did not; heat what as I was outside—when the prisoner came to me he said he wanted to borrow the money on account of Mr. Dyer, that Mr. Dyer was to be responsi-ble he said before the Magistrate that he got the document from Mr. Dyer, and Mr. Dyer denied it—I found the pieces of the note in a spot which my son showed me, over the bridge—I put them together, and they made up a portion of the note I got from the prisoner.
Cross-examined by MR. BALLANTINE. Q. Did the prisoner ever have any beer in your house on the undertaking of Mr. Dyer? A. He had half a pint of beer, and said Mr. Dyer would settle with me, which he did, and the very morning he had this money I let him have two half pints of beer—I have ascertained since he was in very great trouble—he has a wife and three children.
JAMES DAVIS , Jun. I am the son of James Davis. My father gave me a letter and two half-crowns, to go with the prisoner—I was to give the money to Mr. Dyer—when we got to the Gun-makers' Arms, the prisoner took the note, tore it up, and he took the money from me—he said, "You must not go in, give me the money"—I said, "No," but he took it out of my hand—I afterwards saw Mr. Dyer—the prisoner said, "Mr. Dyer, I have brought you 5s."—Mr. Dyer said he would not be answerable—the prisoner produced the money to him.
NOT GUILTY .
GUILTY . Aged 14.— Confined One Month.
1458. ELIZABETH HITCHCOCK was indicted for stealing 1 pair of trowsers, value 1l. 2s.; 1 waistcoat, 3s. 6d.; and 1 yard of printed cotton, 6d.; the goods of William Faulkner, her master; to which she pleaded
GUILTY . Aged 21.— Confined Three Months.
JOHN SAYRE . I am an officer of the London Docks. On the 2nd of July I saw the prisoner coming out, and thought it necessary to search him—I found this screw between the waistband of his trowsers and his body—I asked where he had been employed—he said on board the St. George, as a rigger, and had picked up this screw in the dust-bin—I said it was the same as picking it from the ship, the Dock Company being answerable.
Cross-examined by MR. DOANE. Q. You had not seen this screw before? A. No—it does not appear as if it had been lately used.
Cross-examined. Q. When did you see it last? A. I think six months ago—it has not been used for some time—I do not think it is of much use.
NOT GUILTY .
1460. JAMES PRIOR was indicted for stealing 24 spoons, value 3l. 5s.; 1 pair of sugar-tongs, 15s.; 1 cream-jug, 5l.; 18 forks, 18s.; 1 locket, 10s.; 2 rings, 1l.; 3 seals, 1l.; 1 snuff-box, 2s.; the goods of George Raynor Howard, in the dwelling-house of Philip Daniels : and ELIZABETH ROSE for feloniously receiving 6 spoons, 1 pair of sugar-tongs, 1 ring, and 1 cream-jug, part of the same, well knowing them to have been stolen.
GEORGE RAYNOR HOWARD . On the 18th or 19th of May I left in the care of Mr. Daniels, of No. 347, Oxford-street, a trunk, containing twenty-four spoons and other articles—they are not all here—what are here are mine—I returned to town on the 25th of June—I examined my trunk, and the articles were all gone.
Cross-examined by MR. BALDWIN. Q. When did you tee the property last? A. About the 18th or 19th of May—I closed the trunk the morning I left, and saw everything was perfectly safe.
PHILIP DANIELS . I keep an eating-house in Oxford-street—this property was left in my care—Prior was in my service as porter—he had access to the room where this trunk was—I found the trunk broken open.
Cross-examined. Q. How long had Prior been in your service? A. From the 4th of May till about the 24th, when he was discharged—he told me he came from Mr. Jackson.
MARY ANN FOSTER . The prisoner Rose lodged with me—Prior was in the habit of visiting her as an acquaintance—on Sunday, the 24th of May, he brought a parcel to her, and she showed me the contents—there was half-a-dozen tea-spoons, a pair of sugar-tongs, and creams-jug—she told me Prior had brought them for her—that a gentleman had left his carpet-bag at Prior's master's, and she had got the bag and its contents—I saw Prior show this ring to my son and another young man—Rose afterwards said she should put the ring and the other articles together and pledge them—she asked me what I thought she should get for them—I told her I was not a judge—I am sure Prior brought the parcel—I saw him with a handkerchief.
Cross-examined. Q. How do you get your living? A. By needle-work, and I take a lodger to sleep with me—I have only a floor—I saw Prior bring a parcel about twelve o'clock on Sunday, the 24th of May—that was not the first time I had seen him after Rose had lodged there—I saw spoons and other things—I looked at them attentively, and I have not the least doubt these are the articles—I noticed the initials on them, G. R. H., and on the ring, G. H.
CHARLES FOSTER . I am the witness's son; I am a French-polisher, and live it No. 131, Drury-lane. I am acquainted with both the prisoners—on Sunday, May 31st, I called on them in Compton-st., Clerkenwell—I told Prior he must be very careful what he was about—he asked what I meant—I said, Concerning the property which Rose wanted my mother to go with her to pledge"—I asked him what things he had taken—he said there was a silver cream-pot, a pair of sugar-tongs, half-a-dozen tea-spoons, and a gold ring—he said there was G. R. H. on the silver, and G. H. on the ring—I asked where he got them—he said from Mr. Daniels', the Pantheon dining-rooms, m Oxford-street, in which place he had lately lived—I asked how he got them out—he said in his dirty linen—he said he had wrenched the back hinges off a box that had been left in Mr. Daniels' care, but we found when dent to Mr. Daniel's that the top of the lock had been wrenched off—Rose had been out, but she returned during part of this conversation—the aid, yes, it was all right, they had tumbled over a good booty, it would be a good lift for them.
Cross-examined. Q. You went to Mr. Daniels'? A. Yes, I think on the 11th of June, after I had acquainted the policeman—it was on the 31st of May I knew this, and I acquainted the policeman—I considered if I kept a thing of that description on my mind, I should be more to blame than the thief—I was sorry afterwards that I heard it—I had heard from my mother that such things had been in the prisoner's possession, and I wished to know if it was true—I went to the prisoner's lodging on the Tuesday, to carry a box for Rose, and I was invited to go on Sunday, the 31st—on the Tuesday, when I came back from carrying the box, my mother wanted to know where it was gone to—I would not tell her, and she said if I did not tell her, she would find out, as there had been such things there.
Rose. He came to ask if we could put anything in his way, but not to let
his mother know, as she would transport anybody for 5s., and take a false oath. Witness. No, I did not.
WILLIAM ROWLAND DANIELS . I am assistant to a pawnbroker, in Old-street. I have the milk-pot, the sugar-tongs, the spoons, and the gold ring, they were pawned by Rose, I believe, on the 25th of May, for 3l. 10s.; and on the 27th of May 10s. more was lent on them.
Cross-examined. Q. Had you ever seen the person before A. No—the name on the duplicate is Rose.
Rose's Defence. I never pawned that plate; I never received it from anybody to pawn.
(Mr. Cook, a coach-builder, of Wilmot-street, Brunswick-square, gave Prior a good character.)
PRIOR— GUILTY . Aged 20.
ROSE— GUILTY . Aged 29.
Transported for Seven Years.
(There was another indictment against the prisoners.)
1461. EDWARD EVERETT and ESTHER EVERETT were indicted for breaking and entering the dwelling-house of John Mann Durrant, on the 9th of Feb., at St. George in the East, and stealing 2 coats, value 30s.; 2 pairs of trowsers, 9s.; and 10 keys, 2s.; his goods: and 1 shawl, 10s.; 2 gowns, 10s.; I collar, 1s.; and I brooch, 10s.; the goods of Mary Ann Durrant.
MARY ANN DURRANT . I live at my father's, Mr. John Mann Durrant's, No. 10, Ellen-street, St. George's in the East—it is his dwelling-house. On Monday, the 9th of Feb. last, we left home about six o'clock in the evening, and returned about twelve—we found the street door locked as we had left it—some person had got in with a key—we found a chest in the bed-room empty—there had been two coats, some trowsers, keys, and other things, taken from it—I have examined the property here—it is mine and John Mann Durrant's—I had seen Edward Everett with his brother in the street once—his brother was in the habit of coming to our house.
Cross-examined by MR. DOANE. Q. You have known the brother for two years, as working for your landlord in your house and other houses? A. Yes.
CORNELIUS FOAY (police-constable H 20.) I went to the prisoners' lodg-ing, and found the duplicates corresponding with these things—while bring-ing Edward Everett down to the office, he said, "I did not enter the house; there were others in it; the property was brought to my house."
Cross-examined. Q. I believe you know the prisoners are married? A. Yes—I found the certificate in the room—the prosecutor's house is in the parish of St. George in the East.
EDWARD EVERETT— GUILTY . Aged 23.— Transported for Seven Years.
ESTHER EVERETT— NOT GUILTY .
(There was another indictment against the prisoners.)
OLD COURT.—Thursday, July 9th, 1846.
Third Jury, before Mr. Recorder.
VIRGIL WAGSTAFF . I am a labourer, and live at No. 2, Church-street, Cumberland-street, Shoreditch. The prisoner is my wife—we have been married nearly two years—on the 27th of June I was in the lower part of the house with Timothy Murphy, who lodges in the house—I heard the prisoner come into the passage, and go up stairs—it was nearly twelve o'clock at night—I followed her up stairs, and on entering the room she asked me where Brown Betsey was—that is my niece—I told her she was not troubling her, and she ought to let her be—she asked me then to give her the money she had lent me in the morning, which was 3d.—I gave it to heir—there were a good many words passed between us which I cannot recollect, and then we pushed each other, and she took up a saucer which was on the table, threw it at me, and struck me on the head twice—I caught hold of her and shook her—she caught hold of me by the neck-handkerchief, and took up a poker from the fire-place, and when I was in the act of getting her hands clear out of my handkerchief, she hit me with the poker on the head several times—I used her rougher than I should wish, on being in the predicament I was in—I several times asked her to let me go, and she would not; and when I got her hand clear of my handkerchief I had both hands at liberty, and pulled the poker away from her—my head was cut in three places—I threw the poker out on the landing, or down stairs, I caught hold of her, and put her out after it—I pushed her out, and she fell outside the door—she went down stairs afterwards—I went down after her—she got a policeman—he was standing at the door when I came down—I gave her into custody.
Cross-examined by MR. DOANE. Q. You have not lived on the best terms? A. No, she has complained of my conduct frequently—I have struck her, but never till she struck me first—I cannot recollect that she called out "Murder; is there nobody in the house to come and save my life?" during this transaction—she shrieked out—if she did call "Murder," I do not recollect it—I was sober—if you were in my cast you would not recollect half so muck as I have—she was making all the noise she could going up stairs—I do not know what it was about—I was going up to try to quiet her—my niece bad very recently returned from the country—she was living near me—I think she ought to be a favourite of mine—my wife has said that I was kinder to my niece than I was to her own daughter—I do not know whether we used bad language to one another—I will not swear I did not push her first—I did not catch hold of her first—I shook her first after she hit me with the saucer—I felt the wound very much—it was on a Saturday—I was out dancing and drinking all the Sunday night—I do not know what time I got home in the morning, it was before daylight—my wife was in custody—I do not know whether I was rejoicing because I had put her in prison—there were a great many persons in my company—my brother and Tim Murphy were there—I was not making merry because my wife was in custody—I do not know what it was for.
TIMOTHY DRISCOLL . On the night in question, between twelve and one o'clock, I was in bed in my room in the same house—I heard the prisoner call out—they had some words in their room—the prisoner called out "Murder!"—I got out of bed, went down stairs, and called the prosecutor several times—I
heard the prisoner say, "Is there nobody in the house that will save my life?"—I went to their room, and called the prosecutor by name to open the door, as it was fast—the prisoner kept hallooing "Murder!" three or four times—I forced open the door, and saw them both stretched on the floor—the prosecutor had the poker, and said he had taken it from her—he was bleeding at the head—there was no light in the room—I had a candle, but it fell out of my hand—the prosecutor came to the door with the poker in his hand.
MARGARET WAGSTAFF . I came from Ireland, and the prosecutor received me at his lodgings—I do not know that I gave the prisoner any offence—on the Saturday night in question I went out to get some beer—I met the prisoner near the house—as I passed her she put out her tongue and made a noise at me with her mouth—after I had returned I heard a noise in my uncle's room—I found the door shut—I met Driscoll on the landing—he forced the door open—I saw my uncle standing at the door with the poker in his hand—his head was all over blood—I saw him take hold of the prisoner and lay her out on the landing—she went down stairs and said she had promised it him.
ROBERT EDWIN STANDEN (police-constable G 57.) On Saturday night, the 27th of June, just after twelve o'clock, I was on duty in Cumberland-street—the prisoner came to me and said her husband had severely ill-used her, and she wished me to go up to see—I went up and found him bleeding from three wounds in his head—he said his wife had severely assaulted him with the poker, and he gave her into custody—a doctor was sent for who dressed the wound.
Cross-examined. Q. I believe she was crying when she came to you? A. Yes, and appeared agitated—she said her husband had ill-used her—there was a bruise on her arm, and a piece of skin off one of her arms.
JOHN BURBERS MATHER . I am a surgeon, and live in Bunhill-row. On Sa-turday night, June 27th, I was sent for to the police-station—I examined the prosecutor's head, and found three serious scalp wounds—they were serious combined, each wound of itself was not serious, but from the number they were serious, if not dangerous—one on the forehead laid the scalp bare about an inch and a half—the one on the back of the head was not so large—the third was a punctured wound on the top of the head—he was much excited, which I think was from the contest—he did not appear intoxicated—if he danced and drank afterwards, that would be calculated to increase the danger—when I saw him again the symptoms were augmented, but next time the wounds were nearly healed—I do not think it would require great force to inflict the wounds—it was merely the skin laid open—I should say the man's scuffling would much impair the power of the party as-saulting.
VIRGIL WAGSTAFF re-examined. I do not know how the door came fastened down—I do not know who shut it—I think it was only latched—I went into the room last—I do not know whether I pulled the door to or not.
(The prisoner received a good character.)
NOT GUILTY .
1463. HANNAH HILL was indicted for that she, with two other persons whose names are unknown, did feloniously together assault William Arnold, and steal from his person and against his will 9 keys, value 9s.; 1 watch-key, 3d.; 1 penknife, 1s. j and 3 pence; his property.
MR. O'BRIEN conducted the Prosecution.
WILLIAM ARNOLD . I am clerk to Messrs. Cox and Co., army agents, Craig't-court; I live in Ebury-street, Pimlico. Last Monday night, about eleven o'clock, I was going home from a friend's house, where I had been dining—the prisoner came behind me near the Westminster hospital—she came past me and spoke to me—nobody was with her at the time—she asked me to go with her more than once—she kept on speaking to me—she accompanied me perhaps 200 or 300 yards—I said I was going home—I said nothing else to her—I observed that she felt my left-hand trowsers' pocket—I suspected that her intent was to rob me, and transferred a small bag, containing gold, to my coat pocket for security—she still kept by my side, and at last made a thrust at the same pocket—I was 200 or 300 yards from the hospital then, in the direction of Pimlico—at that instant two men suddenly came up, caught hold of the tail of my coat, and ripped it up behind with great force, from the skirt to the collar—I had not seen those men before—I do not know where they came from—the woman had said nothing before they appeared—she repeated the thrust at my trowsers' pocket after I had transferred the money to my coat-pocket—she seemed still trying my pocket—while the men were tearing my coat her hands were on my trowsers' pocket—they seemed confined to that—that seemed her object—she was in front of me—I called "Police!" loudly—two policemen came up immediately—the prisoner and the men instantly fin away, both in the same direction—I believe the prisoner was apprehended within three or four minutes—after the policemen came up I found my trowsers were unbuttoned one or two buttons—I saw this bunch of keys on the ground—the prisoner was standing by—they had been in my coat-pocket—they are my property—I thought I had lost the bag and gold, but found it in my coat pocket where I had placed it—this penknife is mine—there were some coppers in my coat pocket—I was not aware that I had any there before they were found by the policeman—I very often carry copper in my coat pocket.
Cross-examined by MR. BALLANTINE. Q. How long had you been with her? A. Perhaps ten minutes—I am sure it was not half a hour—I cannot swear whether it was a quarter—I am quite sore I have told the whole story—when I gave her into custody I thought I had lost my money—she was walking by my side to and fro—I went down two or three lanes—she still followed me—I went down the lane because she still kept on following me—I did not go down for her to follow me—it was in my way home.
COURT. Q. She never attempted to get at your coat pocket? A. No—it was from that pocket that I lost the keys—I did not hear the keys fall out when they ripped my coat up—they were in a little bag—I imagine I put them in that—I presume they tumbled out of the bag—that might have been in the jerking up of my coat—I thought they tore my coat up to get my property—I lost nothing but my keys—I did not feel anybody's hand in my pocket—it is very possible the prisoner might have seen me transfer something to my coat pocket, but she still fumbled in front of me.
NOT GUILTY .
1464. SAMUEL DAYBALL was indicted for stealing 1 bed, value-2l.; 4 sheets, 8s.; 3 blankets, 8s.; and 1 counterpane, 4s.; the goods of John Rabson: also, 1 bed, value 2l.; 1 bolster, 6s.; and 2 blankets, 4s.; the goods of Thomas Hams: to both which he pleaded
GUILTY. — Transported for Seven Years.
(There were several other charges against the prisoner.)
FRANK STORR . I am a clerk, and live at No. 29, Edward-terrace, Caledonian-road. On the 7th of July, after nine o'clock at night, I was returning from Frederick-street, Gray's-inn-road, into Frederick-place, and saw the prisoner at the corner of Frederick-place with another man—when I got up to them they begged of me, they desired me to give them money—they both spoke—I made them no reply—they renewed their request for money—I said, if they persisted, I should be under the necessity of giving them both in charge—they then allowed me to go a few paces in advance of them, when I heard footsteps, and heard them muttering something—the only word I could distinguish was "now," and before I could turn round the prisoner made a grasp either at my watch or chain—his hand caught me just under my waistcoat pocket—I had a watch and gold chain in that pocket—I seized him—a struggle ensued—he overpowered me, and got away—he had not proceeded far before I caught him again—I called, "Stop thief!"—he said nothing the first time he was taken—the second time I caught hold of him he begged of me to let him go, saying he was only begging, and he got away again—the third time I caught him by the corner of a street—a crowd collected, who seemed disposed to yield to his statement—he got away again—I pursued—he ran round Regent-square—he never was above four yards in advance of me, but I was afraid of him, seeing him put his hands into his pocket, and apparently arranging something behind him—at the corner of Regent-square a man secured him, and I gave him in charge.
Q. How did his hand come against you? A. I had my chain banging as it is now—he came from behind, and grasped at me violently, with intent to take my chain—I immediately seized him, and the struggle ensued—his hand touched my person, apparently grasping at my watch or chain—I feel certain it was his intention to do so.
Prisoner. Q. Was I not meeting you when the other man was begging; did not you ask me if I saw a policeman, and I said no; the other man ran away, and you took hold of me? A. Certainly not—I was looking for a policeman, to give you in charge—I had seen you both together—you both addressed me—you made the grasp—directly I called, "Police!" your companion, who I saw remaining at the corner, ran up a street.
RALPH ROLLS (police-constable G 248.) I was in Regent-square, Gray's Inn-road, and saw the prisoner running from the prosecutor—I heard the cry of, "Stop thief!"—somebody stopped him—I went up, he begged to be let go, saying, he had only been begging—I was in plain clothes, and the prisoner did not know I was a policeman.
Prisoner. I was in custody ten minutes before you came up. Witness. I saw him taken.
GUILTY .— Confined One Year.
GUILTY . Aged 30.— Confined Eighteen Months.
NEW COURT.—Thursday, July 9th, 1846.
Sixth Jury, before Edward Bullock, Esq.
THOMAS AMOS (police-constable G 51.) On the morning of the 4th of July, I heard a cry of "Police!" in Goswell-street—I went, and saw the driver of a cart—he complained to me that the prisoner and another, who were there, had jumped into his cart with the intention of driving away with it, tad that was the reason he called me—he said he had not time to go to his station—I said, "As he don't choose to charge you, I wish you both to go away"—the other one went away, but the prisoner said he would go away then he thought proper, and he would mark the driver another time—I said, I certainly should lock him up if he made use of these threats—the carter then said, "I don't know whether I won't charge him, if he makes use of that language, and of those threats"—I then took the prisoner by the collar—he said, "Let go"—I said, "I shan't till I hear whether he will charge you"—the carter then said, "If you will go away, I don't wish to charge you"—I let go of the prisoner's collar, and said, "Now you go away"—he immediately up with his fist, and struck me in the mouth, which made it bleed, and loosened two of my front teeth—he then ran away down Bellalley—I followed him, and G 151 stopped him—I came up and he had him in custody—I got hold of him again, and he pulled me down upon him, and kicked me under the chin—that was not more than two minutes after the first blow—that kick made my chin bleed very much—there were four constables then—we proceeded from Goswell-street, along Arthur-street, to Golden-lane—when we got there, he was very violent, and kicked me again in the back, which I have suffered from ever since—he then took hold of my * * which tare been very much swollen, and in pain ever since—he was at that time on the ground, and I was down with him—we strapped his legs, but another constable came up whom he knew, and he then said he would walk quietly—I could not follow to the station, I was so much hurt—I was forced to draw my staff—the doctor examined me, and said there was a small bone broken in my back.
Cross-examined by MR. HORRY. Q. Was all you said taken down before the Magistrate? A. Yes, I believe so—I signed it—the prisoner made a statement before the Magistrate in my presence—I was not asked to contradict it—it was taken down—I do not know the Magistrate's writing—I have been a policeman six years—I was never desired to notice Mr. Greenwood's writing, and Mr. Coomb's, that I might speak to it—I have taken prisjnen to gaol—I have had a paper for them—I tried to find Gardner, the carter, to get him before the Magistrate—I came along Goswell-street yesterday accidentally, and saw him in a cart—I told him to come here—this assault took place last Saturday, at four o'clock in the morning—I did lose sight of the prisoner, because I was not able to follow him—the Magistrate asked for the carman, but he wished the case to be disposed of there and then if I could not find him—I said before the Magistrate, that the carter said he had no time to give the charge—that was not down in the minutes.
(The witness's deposition being read, agreed with his evidence.)
Q. Did not the carter say he did not wish to charge him? A. He did not wish to charge him if he would go away—he remained there still, and made use of those threats—it was after I let go his collar that he struck me—that was the first blow struck—it made my mouth bleed—that was about four o'clock—I went before the Magistrate about eleven o'clock—I showed my mouth to the Magistrate—my chin was cut—I have had some stuff on it—I mentioned that, and showed it to the Magistrate—the blow on my chin was inflicted after G 151 came up—I do not know whether he saw the blow—I showed it to 73 and to 77—the prisoner kicked me violently on the back—I got our doctor to examine my
back—he said he could not see a bruise, it was inwardly—I have felt the effects of it ever since—I have not been on duty since—I am still under the doctor's hands—Mr. Greenwood told me I had better go back for the doctor to examine me—I have never been a prosecutor in a case of an assault on the police before, nor a witness—there were two carts when I came up to the prisoner—the prisoner said one of them had been left without a driver, and the horse was going on, and that was why he got into the cart—there was something said about the cart being taken to the greenyard—the prisoner was struck with my staff when he got hold of my * * *, not before that—I had not, before the prisoner had done anything, pushed him into the road—I will swear it—I did not try to get the carter to give him in charge—I asked whether he meant to charge him—he said if he would go away he did not wish to charge him, and then he was not going away—I did not push him—there were not two persons there who said it was a shame for me to use him as I did—there were two gentlemen who said it was a shame he should use me as he did—one of them carried my lamp to the station—they were respectable shopkeepers—they gave their names in to the inspector—he asked them to go before the Magistrate—the prisoner did not offer to go quietly away—it was not in consequence of my pulling him that he began kicking me.
JAMES SHIPLEY (police-constable G 73.) On the morning of the 4th of July I was in Goswell-street—the first I saw was Amos holding the prisoner's collar—in a minute or so afterwards the prisoner struck him full in the mouth with his fist—I think Amos had relinquished his hold of him then, and was persuading him to go away—the prisoner ran after he struck, and we all started in pursuit of him—another constable stopped him in a few minutes—I came up directly, and Amos came up the second—directly Amos took hold of him he kicked him under the chin, and blood flowed from it—we all grappled with him, and Amos received another kick about the cheek—after we got to Golden-lane we had a desperate struggle with the prisoner—he was on the ground, and I saw his hand on Amos's * * *—I cannot say whether be grasped them or not.
Cross-examined. Q. When you came up he and Amos were struggling? A. No, not exactly struggling—Amos had his hand on his collar—I came round my beat at the time accidentally—the constable No. 151 was there before I was—he was just standing by—I do not know that Amos's mouth bled very much—I did not observe that exactly—I saw blood between his lips, in his mouth—I saw the blood from the kick on the chin—I told the Magistrate that—my deposition was read over—I was not asked if I had anything to add—this is my signature to this deposition—(this being read, did not state that the prisoner kicked the prosecutor in the chin, but said, I saw him kick him in various parts.")
Q. Now you see there is nothing about his kicking him on the chin? A. I did state it—there were four constables went to the station—a fifth constable came up in Golden-lane—two private individuals went to the station-one of them was Mr. Webb, a hackle-maker, in Goswell-street—I did not ask him to come here—I was not ordered to do so—this happened last Saturday—I have seen Richards and Amos very often since then—we have certainly talked about this case—we have not concocted evidence—they have not told me what they would state.
WILLIAM RICHARDS (police-constable G 77.) I was coming down Goswell-street, at twenty minutes to four o'clock—I saw the prisoner strike Amos in the mouth—he directly ran down a court—I ran after him—I assisted to secure him—Amos was up before I was—when I got up, I saw
him kick Amos under the chin and about the body—When we got him up he kicked about our legs—we got him to Golden-lane, and he got on his back again, and began to kick again—he kicked Amos about the body very much, and had hold of his—with his left hand—we strapped him—he said if we would not strap him he would walk quietly, and he did.
Cross-examined. Q. He was kicking about and struggling like a man trying to get out of your hands? A. Yes—I did not strike him—I believe Amos did.
JOHN GARDNER (examined by MR. HORRY.) I am a carter, and work for Mr. Ward, in Aldersgate-street—I had two carts to drive on Saturday morning—I had no one to help me—the horses were walking—one cart was behind the other—I was in the front cart, the other cart following behind—the hind cart was full of baskets—the prisoner, and another party who was with him at the time, got up into the hinder cart as it was going along—I asked them what they wanted there—they said, 'o What is that to you?"—I laid, "It has a great deal to do with me"—they did not say they thought it was a horse and cart without a driver—I called the policeman, because they said they would cut my head open with a basket, after I told them to get out of the cart—they said they were going to take a ride down to market—they said that after the policeman came up—I thought it very absurd of them—the one that got away was rather tipsy—the prisoner was not—he did not tell me I might be thankful to him for looking after the cart—the policeman saw me yesterday morning—my master's name was on the cartel have been all my life in the neighbourhood—I do not know whether the policeman knew me—he told me he wanted me for the case of the parties getting into my cart, to come up and speak about it—I did not want to give the prisoner in charge—I was frightened, being late, and I could not go down—I had nobody to mind my cart—I should certainly have given him in charge if I had—I told the policeman I did not want to give him in charge—the policeman told him to go on, and he said he would wait for me another time—both the parties said so—I said I would not give him in charge, and policeman No. 51 said I had better—the policeman did not take hold of his collar—I am certain the prisoner did not say anything about the green-yard.
COURT. Q. There were two carts, you were in the first and the other was close behind? A. Yes, right close behind—it was full of baskets—neither of them said they got in because it was without a driver—I never heard them say so—after the policeman came up they said they were going to take a ride down to market.
JURY. Q. Did you suspect they were going to steal anything? A. No, hut they got in "and took a basket, and when I told them to get down they said they would cut my head open with a basket.
JOHN BUBBERS MATHER . I am surgeon to the police—Amos is now my patient—he came to me last Saturday afternoon about five o'clock, and I have been in attendance on him ever since—I found him very sadly injured in the spine, in the mouth, and the chin, and very seriously injured in the left testicle—I think that injury might have been from a kick, or a blow, or a squeeze—he had not complained of any of these things before Saturday, and he is still under my care, and will be, I think, for some time—the injury to the spine, I think is very serious.
Cross-examined. Q. Are you here in another case? A. I have been the last two days in another case—I was not in this case at all.
MR. HORRY called
live with my mother, in Abernethy-place—I have seen the prisoner, hut I never was in hit company in my life—last Saturday morning I was coming along Goswell-street, between four and five o'clock—just by New-court there was a mob of people—I and another young man walked up—the carter said he was going to give the prisoners in charge for getting up in his cart—the policeman said, "Come on"—the carter hesitated for a minute, because he had his cart and hone and would not leave—he said he would not give him in charge, and the policeman let the prisoner go—there was another young chap with the prisoner, and they said together, "We will catch him another morning"—they both said it at once—the carter turned round again and said, "Now I shall lock them both up"—there were persons standing round beside myself, and they said to the carman, "What do you want to give him in charge for?"—then the carman said, "I won't give him in charge, I have a wife and two children of my own"—he went on with hit cart, and the policeman told the prisoner to go away, and shoved him in the road—he shoved him five or six times, actually shoved him across the road, and told him to go, and then the prisoner, in his temper I suppose, struck the policeman—I saw him strike him—there was but one blow, and that was after the policeman pushed him—the policeman saw his fist clenched, and he said, "Strike"—I then went to my labour—I did not follow to the station—as I was going home from work last night, a young man spoke to me, and from what he said I came here.
COURT. Q. You say there was a mob? A. About half-a-dozen persons—there were two gentlemen, one of whom I knew—there were four or five constables about the prisoner—one of them had hold of his handkerchief, and the gentleman said, "Don't hold him like that; take his handkerchief off, it will choke him"—I did not hear any of them say anything about not striking the police—I saw them catch hold of the prisoner, but I did not see them go to the station—I and the other young man went into the coffee-shop, and staid till six o'clock, when we were going to labour.
MR. HORRY. Q. Did you hear either of the parties say it was shameful to use the young man so? A. I heard Mr. Webb say, "Don't use the young chap so."
(The prisoner received a good character.)
GUILTY . * Aged 18.— Confined Twelve Months.
GUILTY. Aged 29.— Judgment Respited.
MR. BALLANTINE conducted the Prosecution.
HENRY JOHN WEBB . I am clerk in the employ of the Eastern Counties' Railway Company. It is my duty to be at the railway terminus in Shore-ditch—the prisoner was porter there—he made one journey daily to the west end of the town, and sometimes a short turn to the City—it was my duty to check the goods delivered to the prisoner, and to give him a delivery-book—a ticket was made out by me or one of the lads in the office—it corresponded with the articles, and with the delivery-book likewise—on the' 19th of May there was a hamper directed for Sir John Peter Boileau—it is entered in the delivery-book in my writing—it was the prisoner's duty to deliver that hamper—it appears by this book that the carriage was 1s. 5d. and 6d. for cartage, making 1s. 11d.—I gave this book to him—there was a ticket delivered to
him with the same amount on it—it would correspond with the entry in the book—I have not seen that ticket since—it was the prisoner's duty to deliver that ticket to the consignee of the goods, and get the money, and get his book signed also.
Cross-examined by MR. DOANE. Q. Do you remember anything of this, except by the book? A. No—it is my duty to enter the parcels, and I generally see them loaded and check them myself—I am certain I did so on this occasion—I saw the hamper put on the van—the carter was with the prisoner to assist him—I remember giving the prisoner this book—I do not remember whether he looked at the amount in my presence—he had a great many parcels to take out—it might be fifty or sixty—when he comes back he has to account to another clerk for the money he receives—I have only to make this entry, and see that the tickets are made out and the goods put on the van—the prisoner return this book to the person to whom he pays the money, and I get it back from him to enter the goods for the following day—I have been in the service of the Company about four months, and the prisoner about five months—he was there previous to my going—there was only myself and two lads employed in making out the tickets then—there has been a person lately appointed to assist me—the writing of the boys has been once or twice complained of.
JOHN HUNTLEY . I am butler to Sir John Peter Boileau, of No. 20, Upper Brook-street. On the 19th of May I received a hamper of meat, directed to Sir John Peter Boileau, from the prisoner—he delivered me this ticket—I paid him in consequence of this ticket 3s. 5d.—I paid him in silver—he did not produce any book—I have on other occasions asked him for a book, and he said the Company did not send one.
Cross-examined. Q. Have you any recollection of this day in particular? A. No—he frequently came to the house—I have no particular recollection of the coins I paid him, whether I gave him half-a-crown or a five-shilling piece—I know it was silver.
MR. BALLANTINE. Q. Can you tell whether there were any shillings? A. Yes, there was one—I might have paid him all in shillings—on the 26th of May I received two hampers from him—this is the ticket he delivered—I paid him 3s. 10d. in silver—on the 28th of May I received something else from him—I received this other ticket from him, and paid him 7s. 10d.—I do not know how I paid it—it might have been half-crowns and sixpences—I believe there to have been some shillings—on none of these occasions did he produce any book—I had asked him more than two or three times for it.
MR. DOANE. Q. He was very often in the habit of coming? A. yes—I never let the money run but once, and that was when he could not give me change for a sovereign, but not on these occasions—no other servants ever paid him but me.
HENRY JOHN WEBB re-examined, Q. Look at the delivery-book on the 26th and 29th of May; had the prisoner hampers to deliver to Sir John Peter Boileau? A. Yes—none of these are the tickets sent out by me—they are not made out by me, nor by any person in the office authorised to make them—these delivery-books appear to have been duly signed.
Cross-examined. Q. Are the entries made by you in all these delivery-books? A. Yes—the amount put down by me on the 26th of May was two baskets of meat, 1s. 6d. carriage, and 6d. cartage, making 2s.—on the 28th of May, one flat, and one hamper of meat—5s. 10d. was the proper sum, and that in due course would appear on the ticket—either I or one of the lads made out the three respective tickets which corresponded with the book.
MR. BALLANTINE. Q. If the tickets were made out by the boys, should you compare them with the delivery-book? A. No, I have not time to do
that—I am quite sure that these tickets produced never came from me at all—they are our forms, but they never came from our office—these are not the boy's handwriting, nor like it—here is an entry of the name of Smith oppo-site Sirr John Peter Boileau's name, which purports to be the person who re-reived the goods for him.
JOHN HICKS . I am clerk in the goods-department of the Eastern Counties Railway Company. I receive the sums of money collected by the porters—I reckon the deliveries up, and bring it to the total, and then ask them for the amount of money—on the 19th, the 26th, and 28th of May, the prisoner produced these delivery-books to me—these are my figures—I received from him the amounts here down, and no more—here is my receipt for the amount—it is requisite that there should be a receipt signed by some person—if these are not the signatures of Sir John Peter Boileau's servants they are forgeries—they are false signatures, if the person that received these hampers did not sign for them.
MR. DOANE to JOHN HICKS. Q. Are not other clerks besides you in the habit of receiving money from the men? A. No—I dare say Mr. Dickey has received money before I was appointed to that situation, which was some time in April—Mr. Webb, Mr. Alger, and Mr. Dickey have received money from the porters, but they have handed it to me—there was a porter's book, which the porters would have, of entries made of monies received—I receive their delivery-book, and then make an exact copy of all the entries in the porters'-settling-book, and that has been lately stolen—that book has all the particu-lars in it, and if it were here it would contain an entry of the sums received—the use of it was to get a signature for the money I received from the general cashier—it was a sort of check on me—this is the original book, and the one in which I made a copy of this is lost.
MR. BALLANTINE. Q. Did you receive these sums of the 19th of May, the 26th of May, and the 28th of May? A. Yes, I received it on all these days—I received the delivery-book from the prisoner—he accounted to me for the money, and I made a copy of the book.
——(police-constable H 36.) I took the prisoner—I found some tickets in his possession.
(The prisoner received a good character.)
GUILTY . Aged 22.— Confined Twelve Months.
(There were sixteen other cases against the prisoner.)
NOT GUILTY .
Before Mr. Recorder.
THOMAS DYER . I am a carpenter, living at Forest-gate, Westham. On the 30th of May a policeman drew my attention to a shovel and spoke-shave, which arc mine—I was at work on the railroad-station—I went to my
workshop and missed some tools—I know the prisoner—I traced footsteps from the workshop across two gardens, over three fences—I lost a great many other things—all the tools produced have my mark upon them.
MICHAEL CASEY (police-constable K 378.) On the 30th of May, between three and four o'clock, I saw the prisoner at Forest-hill gate with another man—the prisoner had a sack with four saws and a jack-plane—the other man had a shovel and spoke-shave—when they got near enough to see me, they ran across the forest—they were a quarter of a mile from the prosecutor—I traced foot-marks over two or three gardens, towards where I found them—I called the prisoner by name several times, but he went on—I followed him above a mile, and saw him throw the sack down—the other man threw the shovel and spoke-shave down; I took them up, and followed with them in my hand—the prisoner had a plane in his hand—he escaped—I did not see him again till yesterday morning at Bow police-station—I cannot be mistaken in him—I have known him since 1844.
SAMUEL BENTON (police-constable K 49.) In consequence of information I sent an officer to a house in Saville-place, Mile-end-road—I went the back way myself, and found the prisoner concealed, crouched down in a sawpit, about half-past ten o'clock at night—he said he had got there to sleep—I found a lucifer-box, a knife, and a candlestick on him—he was on the premises of Mr. Parker, a carpenter.
Prisoner. I know nothing of the tools; the carpenter said he would transport me some time or other; the policeman did not pick the things up at all.
JOSEPH BENTON (police-constable K 881.) I produce the certificate of the prisoner's former conviction from Mr. Clark's office——(read—Convicted the 3rd of Feb., 1845, and confined six months)—he is the person—he has been tried three times.
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Six Months.
Before Edward Bullock, Esq.
GUILTY . Aged 17.— Confined Twelve Months.
JAMES WARREN . I am a farmer, and live at Chingford. I had given out a number of sacks to cover a clover-stack, a day or two previous to the 14th of June—the prisoner was at work one day, hay-making for me, with a number of others, and I believe on the Saturday night he slept in one of the out-buildings—the men frequently take sacks, I believe, to cover themselves—I am not in the habit of lending sacks, but if they take one I do not object to it—I was not aware, till the officer called on Sunday, that I had lost anything—I
then missed three sacks, but I found one afterwards—I have now missed two—this is one of mine.
Prisoner. Q. Was I not to have come to work on the Monday? A. Yes.
EDWARD ARMITAGE (police-constable N 80.) I was at Chapel-end, at Waltharostow, on Sunday, the 14th of June—I saw the prisoner, and took him with a bundle containing this sack, some lard, and some other things.
Prisoner's Defence. I was late; I took the sack to cover me; I meant to bring it back on Monday morning.
NOT GUILTY .
Before Mr. Common Sergeant.
1475. GRACE SUSANS was indicted for stealing 3 pairs of shoes, value 2s. 6d., the goods of John Edward Gurney: also stealing 2 pairs of boots, value 7s. 6d.; the goods of Robert William Reeves: to both of which she pleaded
GUILTY. Aged 13.— Judgment Respited.
Before Mr. Recorder.
JOHN KAVANAGH . I am a shipwright, and lodged at No. 17, Hand-street, Woolwich—the prisoner was landlady of the house—I was about to leave my lodging on the 17th of April—I left my chest in my bed-room when I went out to work—I returned about seven o'clock in the evening, and found the chest removed down into the kitchen—I found it still locked, and took it away in about an hour and a half to Martyn'a-passage, where I removed to—I had seen six sovereigns safe in it on Monday, the 13th, but not afterwards—I did not open it till the 18th, and then missed the six sovereigns—the prisoner told me she had moved my chest into the kitchen when I came home—I had the key in my possession—I was going to leave, but my time was not up till the evening.
Cross-examined by MR. DOANE. Q. At the time in question the prisoner had a husband? A. Yes, he was a shipwright—he kept the house, and Bad three lodgers—I and my mate left together—I charged the prisoner with this on the 18th—the Magistrate allowed her to go out on bail after two or three examinations—I did not bear Gladwin, the policeman, ask for a remand of three weeks that he might get up a case against her—there was a prostitute sent to gaol while this case was going on—she was afterwards examined against the prisoner—the prisoner was bailed, and has surrendered to-dsy—Gladwin was not the policeman I went to—the prisoner's husband has died while she was under charge.
WILLIAM PENNELL . I am in the service of Goodwin and Co., High-street, Woolwich. On the 18th of April, I was taking a parcel from there to No. 17, Hand-street—I met the prisoner in John-street—she asked if I was going to her house in Hand-street—I said, yes—she went into a grocer's shop, changed a sovereign, and paid me 5s. for the parcel, which came to 5s. 1 1/2 d.—she had paid the halfpence in a shop—there was no direction on the parcel.
twelve on the bunch—she said they were to open her husband's drawers, as the had lost her own, and wanted to put in or take out some dothes—the officer has my keys.
ELLEN CORRIDEN . I am an unfortunate girl. On Easter week the prisoner was remanded for a week—I was locked up—she came from Greenwich station-house at eleven o'clock in the morning—being a respectable woman, I asked if she came from Woolwich—she said no, from Greenwich—I asked what for—she said for robbing one of her lodgers of six sovereigns, that the officer had found out that she had borrowed the keys, and she thought it would go very hard against her, her life would be sworn away—she said if I got free, would I get some one to come and say they had lent her 2l. or if I got free, would I get some one to come and say they had lent her 2l. or 3l., and she would make it up to them if she got clear—I did not get clear—I was committed for twenty-one days—when I came out I asked how Mrs. Hamilton got on—they said she had got clear—I told the officer if it had been an unfortunate girl like myself she would have gone across Her Majesty's sess, but being a married woman she had got off—I told him what she had said to me—I made her no reply when she asked me to get a person to say they had lent her the money.
Q. What was it she applied the expression, her life would be sworn away, to? A. Because there were so many witnesses against her—they had found oat where she had changed the money—she said so.
WILLIAM GLADWIN (police-constable R 122.) I met the last witness about a week after she came out of prison—she was talking to a female in High-street—when I passed she said, "How did that Mrs. Hamilton get on?"—I said, "She got off"—"Oh," said she, "if she had been one of us unfortunate girls she would have been transported"—I said, "Why?"—she said, "She told me all about it"—I said, "What did she tell you?"—she then made a statement to me—the prisoner's husband is since dead—he had been ill some time—I have the bunch of keys—I applied them to a chest of drawers in the prisoner's house—one of them opens a drawer there, and one will open the prosecutor's box—the prisoner was remanded once or twice, and then discharged—she was taken up again in consequence of Corriden's evidence—they had lived twelve or eighteen months at this house, I believe—her husband was a very respectable man—the witness had this conversation with me of her own accord—when I apprehended the prisoner she said he had only 24s. or 26s. during that week—I believe hei husband had 24s. or 26s. a week.
NOT GUILTY .
Before Edward Bullock, Esq.
MESSRS. GODSON and FCTERSDOEF conducted the Prosecution.
ELEANOR JOHANNA DINNY . I am matron of the hospital at Woolwich. I attend entirely to the linen and bedding stores, and the flannel—I received a bale from Deptford on Tuesday, the 26th of May—it was in a wrapper—it was delivered to me, and I had it placed in the store-room—it is my duty to keep the key of that store-room—I saw the bale safe on the following Friday evening, obout eight o'clock—I left the windows of that room all safe that night—they were shut down, but not fastened—I locked the door, and put the key in my pocket—I we to the room again about eleven o'clock on the Saturday morning—the door was still locked—I unlocked it, and wont to one part of
the room, and on turning round I saw some spots of candle-grease on the floor—I spoke to the surgeon, and asked him to come in—I found one window was a little way open, about one inch—I found some matches in the room and the bale was gone—the store-room is on the first floor—the window is eight or ten feet from the ground—the bale contained twenty-five flannel shirts—they formed a part of the stores.
BERNEY VARLO . I am an officer of the Royal Marines; my quarters are in Francis-street, Woolwich, facing the new barracks. From my quarters I can see any person passing within the walls of the barracks—it is only the width of the road, about thirty feet wide—I could see over the fence—the wall is not yet erected—on Sunday night, the 31st of May, I saw the prisoner Bramley within the barrack, about a quarter before ten o'clock—I knew him well—I saw him pass along within the fence, and go to the Commandant's house—he went to the cellar of the Commandant's house, which is below the building—he came up again, and left the barrack-yard for a short time—he then returned, and I particularly noticed him—he went to the corner of the wall with a bundle which looked to be light, and while I was giving information to a policeman the bundle was thrown over the wall, but it lodged on the wall for a second or two, and was pulled down by a party on the other side, whom I could not see—I directed the policeman to go up the lane, which would lead to the other side of the wall—I went into the barrack-yard myself, and saw Bramley coming towards the guard-room—I said, "You are the man I want"—he made no reply—I lodged him in the guard-room—the policeman Coglan afterwards pointed out a spot to me on the other side of the wall, that corresponded with the spot where I saw the bundle thrown—there was only the thickness of the wall between—it was just on the other side of the wall—the prisoners are all marines, and had been absent from barracks—Bramley had been discharged from the hospital about two o'clock on the Friday, and had been absent from barracks from the Friday afternoon, and the other two prisoners had been absent from the Friday morning.
Bramley. Q. I wish to know how you can swear to me at a quarter before ten o'clock at night, at fifty yards off? A. It was not more than thirty yards off, and I never lost sight of you for two minutes—it was quite a clear night.
JEREMIAH COGLAN (police-constable R 192.) I was on duty on the 31st of May, about half-past nine o'clock—I received information from Mr. Varlo—I went down by the private road by the side of the barracks—when I got there I saw Docra and Eley standing close to the fence in the lane—I did not see them do anything—I told them to consider themselves in my custody—they stood mute for a moment, and asked the reason I took them—I told them I received information from a gentleman on the opposite side that they were in the act of throwing some property over the fence—the moment I said that, Eley turned and ran away—I had hold of Docra—he asked to be allowed to go by my side, so that no person would think he was a prisoner—I let him go, and he ran away—I pursued, and soon overtook him—I pointed out Eley on the parade, and took him into custody on the following morning—I pointed out the spot where I saw Docra and Eley to Mr. Varlo and to Sergeant Parry, and I saw Parry find some flannel shirts inside the fence of the reservoir, within a yard or two of where the prisoners had been standing, about half-an-hour after they were taken—the reservoir fence is on the opposite side of the lane—the wall is on one side, and the fence on the other—Mr. Varlo pointed out the spot to me where he saw Bramley, and that corresponded with the spot where I saw the other prisoners on the other side, and also with the spot where the flannel shirts were found.
JAMES PARRY (police-sergeant R 8.) On Sunday night, the 31st of May, I went down the private lane between the reservoir fence and the brick wall, about ten o'clock—Coglan pointed out to me a spot where he said some per-son had been—I examined the reservoir field, and found these eight flannel shirts tied together by the sleeves—the fence between the lane and the reser-voir field is about four feet high—I produce three other shirts which I got from Dennison, and three from Cahill.
MARIA WEST . I reside at Woolwich. I saw Bramley on Saturday night, the 30th of May, alone—I was with a sailor, coming down the street—I am known by the name name of Norfolk at Woolwich—Bramley came and said, "Norfolk, would you mind doing me a favour?"—I said, "What is that?"—he asked if I would sell a flannel shirt for him—I said, "I don't mind, if it don't get me into any trouble"—he said, not the least, what trouble there was he would take upon himself—he then unbuttoned his jacket, and took out one flannel shirt—I did not see the shirt at all till he unbuttoned his jacket—I went into Mrs. Cahill's shop, and asked her to buy it—she asked whose it was—I did not like to say it was the marine's, and I said it was the sailor's that was with me—she gave me 1s. 4d. for it—I came out and gave the money to Bramley, who was standing just outside the shop door—he then asked if I would go in and sell another—I said I did not like, I was afraid I might get into some row—he then asked the sailor if be would—he said he did not mind if he did not get into a row—Bramley then unbuttoned his jacket a little higher up, and pulled out another flannel shirt, which he gave into the sailor's hands—the sailor went with it, into the same shop—he came out again, and gave 1s. 4d. into Bramley's hand—Bramley then asked the sailor if he would mind selling him another—the sailor said he did not mind if it did not get him into a scrape—Bramley said, not the least, there would be no row about it—he said they were his own, his mother had sent him them for him to go to sea—he went up against the old station-house, opened his trowsers, and took out another flannel shirt—he gave that third shirt to the sailor—I saw the sailor go to the same shop, and he brought out 1s. 4d. and gave it to Bramley, and Bramley gave the sailor 1d.—we then parted—next morning, (Sunday,) Bramley came to my bed-room window, between seven and eight o'clock, and asked how I was—I told him I had got a headache—he asked if I would have something to drink—he put his hand against his trowsers pocket, and said he had got plenty of money—he told me not to say anything about what happened on Saturday night—he then went away—I have since then been ill-used by some of the men in the barracks—I have a black eye.
CAROLINE CAHILL . I keep a clothes-shop at Woolwich. On Saturday night, the 30th of May, Maria West came to my shop, and brought a flannel shirt—she asked if I would buy it—there was a sailor with her—I asked who it belonged to—she said to the sailor—she said she wanted 1s. 6d. for the shirt—I gave her 1s. 4d., and she went away—the sailor then brought two other shirts, but West was with him—I gave him 2s. 8d. for them—I kept the shirts separate—I put them on a shelf, and gave them to sergeant Parry.
ISABELLA DENNISON . I am the daughter of John Dennison; he keeps a clothes-shop in High-st., Woolwich. On Saturday evening, May 30 about eigbt o'clock, the prisoner Docra came and asked for a lodging—I said I had a lodg-ing—he went away, and came again about nine o'clock—he went down into the kitchen—I went down a good bit after him, and he asked me if I would buy three flannel shirts—I asked him if they were his own—he said they were, and his mother sent him the money for them—I gave him 2s. for them—he then left, and came in about eleven o'clock—he had his supper, and went to bed—he had lodged there on Friday night—he lodged there on Saturday
night, and went away on the Sunday morning—I took the shirts up stairs, and put them on the shelf—they remained in my possession till the Wednesday afterwards, when I gave them to sergeant Parry—Docra had been to our house before.
WILLIAM CONGLIN . I am a labourer, and live at Woolwich; I am em-ployed at the new barracks. I found this wrapper opposite the officers' quarters, and gave it to the sergeant on duty—I showed the spot where I found it to Mr. Varlo—I cannot exactly tell when I found it—it was in June—I did not hear of the prisoners being taken up—I heard there was something lost—I cannot say how long it was after I heard that when I found this wrap-per—it was more than a fortnight perhaps—there was some brown paper on the wrapper—I gave it up the minute I found it.
JAMES NELSON . I am employed in the medical-store department in the Victualling-yard, at Deptford. This wrapper was part of the stores there—I saw it last on the 21st of May—when goods are packed the wrapper is always marked with the quantity of things which it contains—this wrapper con-tained twenty-five shirts—there were 200 shirts sent to be packed, and there were twenty-five in this wrapper—I think there were four twenty-fives and two fifties—this wrapper is marked" 25 flannel shirts," and marked with the broad arrow—this was put into the transit-store, ready to go by ship, and it was shipped two days afterwards on board the marine hoy, for the Marine In-firmary at Woolwich—I have been in the habit, from time to time, of seeing the flannel shirts—I am acquainted with the make and quality of them—these shirts appear to be the usual make, texture, and quality as there are now in store under the same contract.
Docra. Q. Can you say that these are the same shirts that were in that wrapper? A. No; but they are the same sort—I cannot swear these shirts came from the Victualling-office, but I can swear the wrapper did.
WILLIAM FEATHERSTON . I am a bricklayer, and live at Woolwich. I found a bundle in the area of the officers' quarters, at the new buildings in the new barracks—I told the foreman, and he told me to put it back in the same place, and he would fetch the hospital sergeant—he fetched him, and I returned and picked up the bundle from where I found it at first, and gave it to the sergeant—this is it—it contains nine flannel shirts—I found this bundle about ten yards from where the wrapper was found, near the house adjoining—the bundle was tied up tightly, and a parcel of shavings over it—I was at work, and trod on the shavings—I felt something hard, and found the bundle.
Docra. Q. Is not that place frequented by any of the workmen? A. Yes—I cannot say whether it might have been put there by them, and put under the shavings—I cannot say whether it could have been there thirty-four days—I found it on Saturday week, the 27th of June.
GEORGE RIDGLEY . I am a sergeant of marines. The master stone-mason sent for me on the 27th of June, between one and two o'clock—I saw the bundle in the area, close to the Commander's new house—it contains nine flannel shirts—I have had the care of them ever since, they have been in the hospital stores.
ELEANOR JOHANNA DENNY re-examined. These eight shirts are all the same make—these three, found at Dennison's, are of the same make as the eight in the other parcel—one of them is not the same make—the others are—the buttons are the same—these three, found at Cahill's, are exactly the same make—these found in the shavings are all of the same make—the buttons
of all are the same sort, and the pattern is every way the same, but the make of one is not so good, as if sewn by a different hand, but it is the same pattern and the same description in every way—while I had the bale it had a wrapper on—this is the wrapper—I can swear to it—it had the marks on that I see here—here is "25 flannel shirts, hospital service"—here is the broad arrow, and "D V Y, 1846 on it"—I can swear to it.
Docra. Q. Will you swear this is the wrapper that contained these flannels? A. It is the wrapper which contained the flannels lost—it was marked as this is—I am not aware whether other wrappers are marked the same way.
MR. GODSON. Q. Had you any other wrapper of this kind at that time in store? A. No—no other on the night between the 29th and 30th of May.
COURT. Q. Any bale coming in 1846, with twenty-five shirts in it, would have the same marks as this? A. Yes, but at that time I had no other there—this wrapper has May on it; but any bale coming in May, with twenty-five shirts in it, would have the same mark—I do not give the shirts out without an additional mark of the broad arrow on them—they are for the aw of the patients in the hospital—when I have given out the shirts, the wrapper is given to the charge of the sergeant of the hospital, who has to I return them.
JAMES NELSON re-examined. The marks on this wrapper are—(reads—"On Her Majesty's service, Captain Varlo. A O, (meaning Admiralty Order,) 11th of May, 1846")—the Admiralty order was on the 11th of May, and D V Y is for Deptford Victualling-yard—it came by Admiralty order, 1846.
Bramley's Defence. I went to the barracks to see a comrade on guard, to get some money of him; I was in the new barrack-ground, and Mr. Varlo detained me; I thought it was for being in this dress; I thought it was for being absent; is it not possible that that woman is telling a lie about me, when she stated to the woman that a sailor gave her the shirts? do you believe this jacket of mine would contain two flannel shirts under it?
Docra's Defence. We are indicted for stealing twenty-five shirts, and there are only twenty-three; I was going on the Sunday night to the barracks; Coglan said, "I am come to take you in charge;" I thought it was to take me to barracks; Eley was with me; he ran away, and the officer took my jacket and ripped it up; I said, "Let me go, and I will go with you;" he did, and I ran away, certainly; I deny any knowledge of Den-nison, or selling her any shirts.
BRAMLEY— GUILTY . Aged 31.
DOCRA— GUILTY . Aged 33.
Transported for Seven Years.
ELEY— NOT GUILTY .
Before Mr. Common Sergeant.
MR. DOANE conducted the Prosecution.
JOSEPH THOMAS WELLS . I am a hair-dresser, and live in Charlotte-street, Christchurch. I have known the prisoner ten months—he was a clerk in the stationery-office—on the 4th of June he came to me, presented this check,
drawn on Messrs. Curries, and wanted me to give him change for it, as he was going to leave his apartments, and wished to act honourably, and pay his rent before he left; I said I would endeavour to get it changed—I obtained the cash, and gave it him—the check was subsequently returned to me—I found there was no account at the banking-house.
Cross-examined by MR. CLARKSON. Q. I believe at that time he had resigned his situation at the stationery-office? A. I was not aware of it.
WILLIAM HOWARTH . I am cashier at Messrs. Currie and Co.'s, bankers. I have examined this check for 5l. 7s.—it purports to be signed by William Ratley and Son—we have no such account—I remember it being presented and endorsed "no account" on it—we never had such an account to my knowledge.
GEORGE MANNING DRIVER . In June last, I was clerk to Mr. George Ganden, of Bank-chambers—I remember my master's check-book being on the desk one day, and I left the prisoner in the office at the time—when I returned he had left the office altogether—on Saturday, two days after, I received information from Howarth; in consequence of which I gave information to Mr. Ganden, my master—the check produced has been taken out of his book—I find by examining the check-book, that there is a check gone, which we have no account of.
Cross-examined. Q. You are the son of Mr. Driver, of Richmond-terrace? A. Yes. I have known the prisoner six or seven years—his character was always good up to this time—(check read.)
GUILTY. Aged 23.—Recommended to mercy by the Prosecutor. Confined One Year.
(There was another indictment against the prisoner.)
1479. HENRY BAMBER was indicted for burglariously breaking and entering the dwelling-house of William Perry, at St. Mary, Newington, about the hour of three in the night of the 15th of June, with intent to steal, and stealing therein, 1 phelme, value 1s. 6d.; and 9 china ornaments, 10s., his goods.
WILLIAM PERRY . I live at No. 2, Cumberland-row, Newington. On Wednesday, the 15th of June, about two o'clock in the morning, I was awoke by the police, and found my shop shutter down, and some china ornaments and a phelme taken from the window—these are them—they were safe about twelve o'clock the night before—I was the last person up—I shut up the shutters, and fastened them by an iron bar—I found the shutter forced out from under the bar—there was no glass to the window—I found the articles next day in possession of the police—I have not found all the articles.
JOHN IRWIN (policeman.) On the 15th of June, about a quarter after five o'clock, I was on duty in the Westminster-road, and saw two men take a parcel from behind some palings by the Catholic chapel—they met a policeman, who stopped them—they showed them to him—(I afterwards saw the prisoner and another)—the prisoner had the china ornament in his hand—the man who picked the other articles up had given them to the other constable—I then saw the prisoner and another man come near the spot—the prisoner had this china ornament in his hand; that is not one of the things found before—I saw him place it in his hat—I asked him how he got it—he said he picked it up; his companion ran away—I followed him, and took him into custody—I searched him, found nothing on him, and let him go—the prisoner
was detained—he acknowledged at the station that he had placed the things there, intending to take them away when he got an opportunity.
Prisoner's Defence. I found the things in the London-road, and put them in this place, intending to fetch them away as soon as the policeman was Off the beat—I never was near the house, and don't know where the other man lives.
GUILTY . Aged 36.— Confined One Year.
GUILTY . Aged 23.— Confined Four Months.
1481. FANNY HERD was indicted for stealing 2 shawls, value 2l. 5s.; 10 yards of muslin de laine, 5s.; 2 gowns, 15s.; and 1 umbrella, 4s.; the goods of Elizabeth Chapman; and that she had been previously convicted of felony; to which she pleaded
GUILTY. Aged 20.—Recommended to mercy. Confined Nine Months, without hard Labour, being ill.
JAMES BALLANTINE . I am a newspaper agent, and live at Great Guildford-street, Southwark. The prisoner was in my employ many years—he has never paid me 3s. 3d. from Edward Borney, on the 25th of May, or 2l. 6d. from George Hornblow, on the 26th of May, or 3s. 6d. from Charles Ansell, on the 27th of May—he ought to have paid me in the evening—he absconded on the 28th, the day after.
Cross-examined by MR. PARRY. Q. You are also an exciseman, I believe? A. Yes—I attend to my news business myself when I am off duty, after four o'clock in the afternoon, but not regularly—I dare say I wit It my business once a month—I was there once in six months—I should say I was there three or four times a month—nobody received the money but me—I was at home every night—my wife sometimes serves over the counter—he did not receive money from the prisoner—she is in the habit of receiving money—she has received money from the prisoner—she is not here—I paid the prisoner every Sunday, at the rate of 111. a week—I have done so since the latter end of 1844—before that I paid him 10s. 6d.—during ray absence he managed the business entirely—I have not allowed him to go three months without settling—if I did not settle with him at night, I did next morning—I go to the Excise after nine o'clock in the morning—this book will show how the account ought to be made up—I do not know of his having borrowed money to carry on the business—he has not done so within the last two years I should say.
COURT. Q. What was the book ne kept? A. A debtor and creditor account—he should enter here all the money he received—there is no entry of either of these names—if he had paid my wife, be should enter it in the hook, and lay the money on the parlour table with the book—I had no opportunity of speaking to him about these sums—I asked him how he could be so bad as to take my money and not account for it—he gave some evasive answer—I cannot recollect his words—he did not say he had paid me or my wife.
JAMES BALLANTINE re-examined. I was absent from business daily—I have not been absent from town since June, 1845—I am able to say I had a settlement with the prisoner on the 25th, 26th, and 27th of May—he paid me money on each day, but neither of these three sums—I settled with him on the 27th, at night, to the best of my knowledge—the books were made up to these several nights, and the money paid to me which I entered—my wife has accounted to me for money received from the prisoner, not entered in this book.
NOT GUILTY .
Before Mr. Justice Williams.
MR. CLARKSON conducted the Prosecution.
MART COSTER . I am wife of William Coster, and live in Lambeth-walk, the prisoner is my brother-in-law. I knew Richard Hutchinson when he was alive—lived at No. 1, White's-alley, Bankside, with his father—Sunday, the 21st of June, at nine o'clock in the evening, I and my husband were at Mr. Willis's house, No. 12, Whitehorse-street, Lambeth—I had appointment to meet the deceased at the Pear Tree—husband did not know of it—deceased came to the top of Whitehorse-street, and I accomanied him there—husband came into the Pear Tree about nine o'clock—went from there together to Mr. Willis's—husband did not object to something which he thought had happened between me and the deceased—lis's is a private house—deceased was intoxicated when I met him—re was a chair at Willis's, which my husband gave the deceased to sit down in, outside the door—sat down in it, and fell out of the chair from the effects of liquor—ftll on his head—had a straw hat on—fell off, and he fell upon the hat—did not fall violently—husband picked him up—asked my husband to use him kindly—n that my husband struck me—deceased said he did not like to see that; he would not have me struck—prisoner was leaning on his arm on the window-ledge of Willis's house, and challenged the deceased to fight—deceased accepted the challenge, and stripped to fight—did not see the prisoner strip—y fought—saw the prisoner give the deceased one blow—do not know where he hit him, for my husband struck me at the same time, but from the position he stood I should say it was on the head—husband was sober, and so was the prisoner—did not see that the deceased struck the prisoner—endeavored to separate them, and got another blow from my husband, and fainted—n I came to myself Willis was assisting the deceased to put his clothes on—then walked with the deceased to the Marsh-gate—went into a doctor's shop to have my bruises cured—deceased waited outside for me—I came out I found him
lying on the pavement insensible—I called for a cab, and took him to his mother's house—he had some conversation with her—he had not then told me, or anybody, that he was not likely to live—the prisoner was not present—I helped his mother to put him to bed, and then took leave of him—I went next day, and he was quite insensible—he died between one and two o'clock the following afternoon—he was twenty-four years old—I was with him when he died.
Cross-examined by MR. PAYNE. Q. You seem to know him pretty well? A. I have known him from childhood—I did not hear him challenge my husband to fight, and will not swear he did not—I was about three yards from him—I did not hear him say afterwards that he would fight his brother Jack iostead—that could have passed without my hearing it—I did not hear him lay he would fight any b----man in the street—James Vail was there.
JAMES VALL . I am a French polisher, and live at White Hone-street. On Sunday night, the 21st of June, I was at my door—these people were about six doors up on the other side of the street, at Mr. Willis's, No. 12—I saw this disturbance—the last witness was among them—the deceased was very tipsy, and was taking indecent liberties with her—her husband came over and struck her—the deceased got out of the chair, and said he would fight him—he said, "What made you strike that woman?"—he said, "Because she is my wife"—deceased said, "If you strike her I will strike you"—the prisoner said, "I will fight you"—he afterwards said he would not fight him, but would fight his b——brother Jack—the prisoner at that time was coming out of the public-house—he went to his own door, stooped over, and asked the deceased what he meant—the deceased said he would fight him for last boxing-day—the prisoner said, "I do not want to fight you, but if you fish to fight, I will fight you; wait till I go in-doors and pull off my new trowsers, then I will fight you like a man"—he went in and changed his trowsers—in the meantime the deceased took off his things, and kept striking his breast, saying he would fight any b——man in the street—when the deceased saw the prisoner come out, he ran at him—they both had a alight blow a-piece, and the deceased happened to fall under the prisoner—they never ran at one another; they never squared or anything; you could not call it a fight—the back part of the deceased's head fell against the curbstone; that part rather more behind than his ear—I assisted him up, ordered "me cold water, and bathed his temples—he did not seem much worse—he would have arose again, I think, but for the liquor—I directly lifted him up, and before he got on his knees he again said he would fight any b----man in the street—I afterwards saw him go away with the woman—on Thursday I saw a man dead at the house of the deceased's mother, but I did not know him when he was alive, and cannot say that he was the same man.
CHARLES CLIFFORD (policeman.) On Monday afternoon, the 22nd of June, I took the prisoner in charge—I told him he was charged with having caused the death of Richard Hutchinson—he said he had one round with him, that they both fell, and he (the prisoner) was uppermost.
EDWARD CAUDLE . I am a surgeon, and live in Great Guildford-street. On Monday morning, the 22nd of June, between nine and ten o'clock, I went to Moss-alley, Bank-side, to the house of the deceased's mother, and saw Dim lying on the bed in a collapsed state—I expected that he was labouring under compression of the brain—I observed a diffused swelling on the back pwt of his head—he had had a knock on the right side of his neck—he died about half past one o'clock the same day—on the following Thursday I made a post-mortem examination, and have no difficulty in saying that his death was caused by the rupture of one of the arteries of the dura-mater—that diffused
the blood over the brain—there was a large quantity of coagulated blood—the effect of any injury of that sort would most likely come on by degrees afterwards—he might have no difficulty in walking a short distance after he received the blow—the blood would become discharged from the artery afterwards, and spread itself upon the brain, and then he would become insensible.
Cross-examined. Q. Might it not result from violent excitement, in a state of intoxication and passion? A. I should rather think not—I have never known an instance where violent excitement and intoxication has produced a rupture of that artery—I attribute the injury to a fall; from the internal examination.
NOT GUILTY .
Before Edward Bullock, Esq.
GUILTY . Aged 21.— Confined Six Months.
1484. JOHN RING was indicted for stealing 2 planes, value 6s.; 1 screw-driver, 9d.; 2 saws, 6s.; 1 gauge, 9d.; and 1 plough, 7s.; the goods of William John Sylvester: 4 planes, 15s.; 2 saws, 7s.; 7 chisels, 1s. 9d.; 1 saw-set, 8d.; 1 oil-stone, 1s.; and 1 hammer, 9d; the good of Thomas Hamblin.
WILLIAM JOHN SYLVESTER . I live in George-street Camberwell, and sm a carpenter. On the Tuesday in the Whitsun week, the 2nd of June, I was at work at an unoccupied house in Church-fields—I left my tools under the steps of the house, in a place intended for a coal-hole, between five and half-past five o'clock—I went again, the next morning, to work, at half-past five o'clock—I missed all my tools, saws, planes, a gauge, screw-driver, and other things—I have seen part of them since at the police-station—these are. part of them—they are mine.
Cross-examined by MR. PAYNE. Q. Do you know the prisoner? A. No, I never saw him—I know these tools by my initials on them—Hamblin was at work there—he had tools, but not in my basket.
WILLIAM HENRY CLARK . I am shopman to Mr. Dobree, a pawnbroker, in Oxford-street. This beading-plane, gauge, and screw-driver, were pawned by a man, in the name of John Hamblin—this is the duplicate I gave.
Cross-examined. Q. How comes it you can swear to him when other per-sons cannot? A. We are at different houses—our shop is very light—I made out the duplicate.
THOMAS HAMBLIN . I am a carpenter, and live in Albany-road, Camberwell. On the Tuesday, in the Whitsun week, I was at work in the house in Church-fields, where Sylvester was—I put my tools with his in a basket, in the coal-hole, under the steps—these two saws and other things are mind—I went next morning at six o'clock, and missed them all.
Cross-examined. Q. Are you sure you did not pawn them yourself? A. I did not—I do not know the prisoner.
HENRY MARTIN FAREBROTHER . I am shopman to a pawnbroker, in Tortenham-court-road—I have a trying-plane, pawned on the 3rd of June, I believe by the prisoner, in the name of John Ward—this is the duplicate I gave him.
GUILTY . Aged 21.
JOHN COOK . I live in Earnest-street, Grange-road, Bermondsey—I am a builder—this screw-driver, plane and square are mine—I had them safe in a work-shop at the back of my house on Saturday, the 6th of June—about seven o'clock in the evening, when the men went out, I locked up the work-shop—on the Monday morning, when the men came to work, the shop-window had been broken open, and these tools and a great many others were gone.
Cross-examined by MR. PAYNE. Q. What do you know these tools by? A. By the stamp of my own name on them.
JAMES GRINYER . I am a carpenter, and live in Upper King-street, Old kent-road—I was at work at Mr. Cook's on Saturday, the 6th of June—I lelft my tools on the bench in his shop—I went on Monday morning at half-past eight o'clock, and missed a sash philister—this is it—it is mine.
Croos-examined. Q. Did you find any money on the prisoner? A. Yes, one shilling and a halfpenny—I took him on the morning of the 17th of June.
(John Ring, a builder in Warner-street, Clerkenwell, and Mary Ring, gave the prisoner a good character.)
GUILTY . Aged 21.— Transported of Seven Years.
(There were two other indictments against the prisoner, and the officer stated there were fifty or sixty other charges against him.)
1486. ALFRED PORTER was indicted for feloniously breaking and enterning the shop of Isaac Crawcour, at St. George-the-Martyr, Southwark, and stealing 2 lbs. Weight of tobacco, value 7s.; 7 meershaum pipes, 12;10 weight of cigars, 7l. 10s.; his property; to which he pleaded
GUILTY . Aged 24. Transported for Seven Years.
to me—I turned round and missed my pocket-handkerchief, which I had safe five minutes before.
JOSEPH WEBB . I live at No. 17, Lant-street—on the 24th of June I was in Castle-street, and saw the prisoner put his right hand into Mr. Lee's left hand pocket, and take a red silk figured handkerchief—he put it into his right hand trowsers pocket—he stooped to pretend to tie his shoe, and then went on—I crossed and told Mr. Lee of it—I followed the prisoner, and saw him afterwards in custody.
Prisoner. If he saw me pick the pocket, why did he not take me; I was taken at half-past seven? Witness. I am not a constable, and there was no constable near—had there been I should have given him into custody—I had been watching him for forty minutes.
HENRY HUNT (police-constable M 82.) I took the prisoner in consequence of information from Webb, about a quarter past seven o'clock that evening, in Mint-street—he said he had been there all day—the handkerchief has not been found.
Prisoner. I told him I had been out with my goods all day; I know nothing at all about it.
JURY to J. WEBB. Q. Are you quite sure of the prisoner's person? A. Yes, I have known him upwards of two years as an associate of thieves—I am porter to Mr. Franks, the hatter—I was out with two or three orders—the prisoner saw me, and called me a b—y dog, because I had given information of him and two others, five months before.
NOT GUILTY .
JOHN JONES . I live in Westbrook-cottages, South Kennington. Between one and two o'clock in the morning, on the 25th of June, I was going past Keonington-common—the prisoner came up and caught hold of my right arm—she said, "My dear," or something—I said, "Go away woman'—she kept hovering alongside of me, and eventually I found the button off my trowsers, my trowsers torn down, and the money in my purse was taken, ojtf of my trowsers pocket, and 4s. 6d. from my waistcoat pocket—I missed that first—I caught her hand, and took a half-crown and two shillings out of her hand—that did not belong to the purse—she said, "Don't take any notice, you have got your money back"—I said, "Stop, you are not got till I find my other money"—I then felt and found one of the rings of my purse gone, and all the money taken out—there had been three sovereigns, one half-sovereign, and five shillings in it—I called the police—the prisoner fell down, and was taken.
Cross-examined by MR. HORRY. Q. You were going across the Common? A. Yes, I had been drinking a little at one or two places—I might drink at my own office, which is at No. 48, Threadneedle-street—I then went and had a glass of ale—I then went to the Auction Mart, and had a glass of brandy and water—I then went and had two glasses of sherry—I left my office about five o'clock—I went to Mr. Gammon's about six o'clock—I supped there, and left about ten o'clock—I drank brandy and water and ale there—I then went to the Auction Mart—I did not stop five minutes—I did not walk into a public-house on the way from there to Kennington-common—I went into Hood's cigar shop, in King William-street—I stopped there till, perhaps, half-past eleven—it did not take me two hours to walk from there to Kennington-common—I went sauntering home—it might be twelve o'clock when I started from the cigar-shop—I was about getting into a cab, but the
cabman and I could not agree—I am quite sure I did not talk to anybody on the way—I spoke to the prisoner to go away, but she kept hovering about me—I took the 4s. 6d. out of her hand—I have not charged her with stealing that—this is my purse—I had the money safe in it when I was speaking to the cabman, the silver in one end, and the gold in the other—I had changed a 5l. note in the day—I had four sovereigns, and when I had the last sixpenny worth of brandy and water, I changed a sovereign—I then had 4l. 19s. 6d.—I then said to a cabman, "Take me home," as I found I was a little flush; and I took out my purse, and put the 4s. 6d. in my waistcoat pocket, and left the other money in the purse, that I might not have to open it again—that was the last time I saw it safe—I am quite sure I had it when the prisoner spoke to me—the purse was in the state it is now when I found it, with one ring off, and the money out.
COURT. Q. Where was your money? A. In the purse in my righthand breeches pocket—the purse was put back again into my pocket—she must have taken it out when she first caught hold of my arm—I felt my pane in my pocket when she came up—I did not feel whether the money was in it, but no one had been near me at all—the prisoner was taken in about five minutes—I never let her go any more than her endeavouring to slip down—the drink had slightly affected me—I knew what I was about.
WILLIAM LEE GIBBON (police-constable P 113.) I was on duty between lie and two o'clock on Kennington-common—the prosecutor gave the. prisoner fn charge for stealing 32. 15s.—she said she had not got the money—she was searched at the station—the person who searched her is not here-i-the prisoner was drunk—the prosecutor was somewhat the worse for liquor, but knew what he was about.
NOT GUILTY .
Before Mr. Common Sergeant.
1489. ELLEN LOVE and SARAH BEADLE were indicted for feloniously breaking and entering the dwelling-house of Robert Cox, on the 13th of June, at Camberwell, and stealing 24 spoons, value 9l.; 17 forks, 12l.; 2 ladles, 1l. 18s.; 1 fish-slice, 1l.; 1 butter-knife, 10s.; 1 pair of nut-crackers, 10s.; and 1 basket, 1s., his property; and that Love had been before convicted of felony.
MR. ROBINSON conducted the Prosecution.
ELIZA COOPER . I am servant to Mr. Robert Cox, who lives in John's-place, Albany-road, Camberwell. On Saturday, the 13th of June, I was coming up the garden and saw the prisoner Love coming out of the kitchen with the plate-basket, which I had left in the front kitchen on the bedstead—I went towards Love, but she had got out before I caught her—she dropped the basket on the threshold of the door—I stopped her—I saw Beadle on before her—I said to Love, "You have got my plate"—she said,"I have not"—I said, "Come back, and let me search you"—I wanted Beadle to come back, but she would not—Love said to her, "Come back, and Be a pluckt one"—Beadle came back—I counted the plate, which was theft on the threshold of the door in a basket, and there was nothing missing—it contained the plate stated in the indictment—I let the prisoners go, as I did not see a policeman—there was only ray mistress in the house, and she was poorly—I saw a constable shortly afterwards, and gave him a description of the prisoners—Love had a black necklace on—I mentioned that to the policeman, and he has such a necklace as Love had on at the time—this is the plate and basket—here are twenty-four spoons, forks, and other things, the value of them is about 35l.—the kitchen door was latched, but not bolted—I
had left it latched five or ten minutes before—my master is the housekeeper—the house is in the parish of Camberwell.
Cross-examined by MR. EDWARDS. Q. Did you go out at the back or front door? A. The back door—the door opens into a little bit of a passage—it has a brass handle—it opens when you turn the handle—I had been in the garden five or ten minutes—I was coming up the garden—I turned round and saw Love—no one could have gone in in the meantime, and opened the door—I did not see Love go in—I had latched the door myself, and was the last person who opened it—when I charged Love with having the plate she denied it—she gave me permission to search her—I found no plate on her—I had never seen either of the prisoners before.
MR. ROBINSON. Q. Have you any doubt that they are the two women? A. They are the two.
ELIZABETH CHANDLER . I am servant to Mr. Ashby, of Albany-road, opposite to Mr. Cox's—on the 13th of June I saw the two prisoners—I have no doubt they are the persons—I saw them go down the steps of Mr. Cox's house, and I saw Beadle go into the kitchen—there are two steps and a sort of area—I could see the door from where I was standing—it was shut—saw Beadle go in, and Love was standing outside—I lost sight of them both for three or four minutes—the next I saw Was, they both ran up the steps very fast—Cooper ran alter them and caught hold of Love, and told her to come back—I said, "Don't take that one; the other one went in."
Cross-examined by MR. EDWARDS. Q. You had never seen them before? A. No—there is a garden in front of our house and in front of Mr. Cox's—I did not see Love go into the kitchen—the door appeared to me to be quite closed—it was a kitchen door on the side of the houses.
Cross-examined by MR. PAYNE. Q. When you saw them coming out, which was first? A. Beadle.
WILLIAM MORTON (police-sergeant F 1.) I received a description of two persons from Cooper and Chandler, in consequence of which I apprehended Love—there was another person with her who was taken on another charge—I was in private clothes—I told them they must go with me—Love said, "Very well, I know where we are going; We are going to the station"—I fetched Cooper—she saw Love, and said that was one—Love turned turned other woman and said, "She says it is meu—when I first apprehended Love she had this necklace on her, and when she was searched I did not see it—I asked her where her necklace was—she said, "It is in ray bosom"—I asked her to give it me, which she did—I said she was taken for stealing the plate and basket from Mr. Cox's, in Albany-road—she said, "Plate and basket! was it stolen?"—she repeated that several times.
RICHARD DAVIS (police-constable P 55.) I apprehended Beadle—I told her what she was charged with—she said she knew nothing of it—I took her to the station, and then to Mr. Cox's—Sergeant Morton and Chandler were on ahead of us, and as soon as they went into the area gate, Beadle said, "Oh, my God! I hope they are not going to that house"—I then took her to the station—she wanted me to go a different road—I objected to that, and she said, "Oh you coward, if you had gone that road I would have got you a b—y good hiding"—she said she knew nothing about Cooper.
Cross-examined by MR. PAYNE. Q. Was it not a good whapping? A. It was a good whapping—I heard her say she was brought there for another girl, Margaret Watts—I do not know whether Watts was the person that was taken with Love—there was another female, who was dismissed, and she laughed, and Beadle, who was taken, cried.
MR. ROBINSON. Q. You apprehended Beadle, was that in consequence of
any description you received? A. Yes, and information from Sergeant Morton.
MR. PAYNE to WILLIAM MORTON. Q. Was it not Watts you took with Love? A. It was—I did not hear Beadle say she was brought there instead of Margaret Watts, and that when Watts saw her put into the dock she laughed, and Beadle cried—she said something of the sort before the Magistrate—that was the first I heard of it.
MR. ROBINSON. Q. You got a description of the prisoner from the witnesses? A. Yes, and I told Davis who to bring in—we both knew Beadle.
(Beadle received a good character.)
LOVE— GUILTY of stealing only. Aged 18.— Transported for Seven Years.
BEADLE— GUILTY . Aged 18.— Confined Nine Months.
HORATIO SHULTZ . I was going down the Kent-road about two o'clock in the morning, on the 19th of June—I was on the foot-path—the prisoner stopped me and asked me to go home with her—I refused—I was going to move on, and found she had her hand in my pocket—she took it out, and put it into her own—I had one shilling in my pocket, and I missed it—I accused her of robbing me of the shilling—she said she had not any silver about her, she could not rob me of a shilling—the policeman was coming, and she took out the shilling and put it in her mouth—there was no shilling found on her.
Cross-Examined by MR. DOANE. Q. What are you? A. A journeyman baker—I was returning from work—the prisoner did not walk any distance with me—she stopped me on the foot-path—I was sober—I did not propose to go anywhere with her—she wanted to propose, but I would not agree to it—my pockets were not buttoned—I never button them—I was very much surprised at finding her hand in my pocket—I laid hold of one of her hands—not the one that had been in my pocket.
NOT GUILTY .
HELEN BURNS . I am the wife of James Burns, and live in Wallis-alley, Southwark. I went to bed drunk on the 22nd of June—I awoke between five and six o'clock in the afternoon—my gown, shawl, and skirt were gone—these now produced are them.
Cross-examined by MR. DOANE. Q. Did your husband sleep with you? A. No, he went into the country the same morning—I did not sleep with my door open, but I had not locked it—I am quite sure there was no one in the room but myself.
MATILDA THOMPSON . I live in the same house as Mrs. Burns. On the 22nd of June she was not quite drunk—I recollect her lying down and going to sleep—I afterwards saw the prisoner tying up a bundle by the table in Mrs. Burns' room—I saw him there when Mr. Newlyn came with a tract—I am sure the prisoner is the person who was making up the bundle, while Mrs. Burns was asleep.
Cross-examined by MR. EDWARDS. Q. Where were you standing? A. At my own room door, the front room—Mrs. Burns' room is the back room—I did not speak to the prisoner—I am going on for eleven years of age—I am speaking the truth—I have a father and mother living—I go to a Sundayschool—I know what an oath is.
Cross-examined. Q. Who employs you? A. The London City Mission—I am agent of that Society, and I had' some conversation with the prisoner—this was on the 22nd of June, between four and five o'clock—I am sure that was about the time.
JAMES BERRY (police-constable M 111.) I heard a noise, and went and found this property tied up in a bundle in a wagon, within sixty or seventy yards of the prosecutor's house—it was tied up in this shawl.
GEORGE WILD (police-constable M 94.) I produce a certificate prisoner's former conviction at Newington—(read—Convicted 26th May, 1845, and confined six months)—the prisoner is the person—he has been since summarily convicted, and confined three months.
GUILTY . Aged 17.— Transported for Seven Years.
ADJOURNED TO MONDAY, THE 17TH OF AUGUST.