CENTRAL CRIMINAL COURT.
TENTH SESSION, HELD AUGUST 17TH, 1846.
MINUTES OF EVIDENCE,
Taken in Short-hand by
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, 17th August, 1846, and following Days.
Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty', Court of Exchequer; Matthias Prime Lucas, Esq.; Sir Peter Laurie, Knt.; Charles Farebrother, Esq.; Thomas Kelly, Esq.; and Michael Gibb, Esq.,.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the aid City; Thomas Wood. Esq.; Sir george Carroll, Knt.; Sir Jame. Duke, Knt.; Thomas Challis, Esq.; William Hughes Hughes Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City Sergeant Esq., Aldermen of the said City: John Court; 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. TENTH 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, August 17th 1846.
First Jury, before Mr. Recorder.
MR. DOANE conducted the Prosecution.
HENRY HAMLIN . I am registrar of births, deaths, and marriages for the district of St. Luke—I live in the City-road—I have my register here—on the 12th of May last I saw the prisoner'—he said he came to register the birth of a child—I asked him to take a seat, and went to my desk and took out the book—I had not heard of the birth before he came—it is part of my duty to make inquiries and exert myself to get all the information I can—there appeared something strange in the prisoner's manner which made me suspect all was not correct, and I asked if he was the father of the child—he said he was—there was on the mantel-shelf a caution-paper, and also one lying on the table—on my asking if he was the father of the child, he said he wondered why I asked him that question, or why did I doubt him—I said, "I don't doubt for a minute, but as registrar I am bound to ask you the question I have done, "at the same time handing him a caution-paper—I had not pointed hit attention to the paper—it was before him on the table—I said, "Perhaps you will just have the kindness to read this, to show that I have no desire to ask unnecessary questions"—this is a copy of what it required by the act—(produced)—I called his particular attention to the part at the top of the paper, which he read hastily and threw it down—it is to this effect, that no putative father is to be allowed to sign as father, and nothing is to be inserted as to '-. legitimacy or illegitimacy—I have not got a copy of the Act of Parliament—these papers are supplied from the registrar-general's office—they are directions to me—this is the entry, No. 33—the prisoner used the words, you need not doubt my veracity, for my wife is the daughter of Mr. Wallen, the respectable architect of Finsbury-circus"—it might be, "late of Finsbury-circus"—I replied, "I simply asked you whether you were the father"—knowing that sometimes an uncle will come, conceiving that he has power to register the birth—I then made the entry in the register as it runs here—I asked him, "When born?"—he replied, "5th May, 1846, at 15, King-street"—I said, "The sex?"—he said, "A boy"—I said, "The name of the child?"—he gave the name, "James"—I said, "The name and surname of father?
"—he said, "James Augustus Seymour"—I asked, "The name and maiden name of mother?"—he said, "Amy Seymour, formerly Wallen"—I then asked his occupation or calling—he said, "Town traveller"—I then read over the entry to him as it runs here,(reading the entry over,) and asked him to sign the book, and he signed "James Augustus Seymour"—this is his signature—I then completed the entry by adding the words, "Father, 15 King-street"—I had already got that address from him in the previous conversation, thinking I was entitled to put that, supposing him to be the legitimate father—I added in the next column, "12th May, 1846,"and signed it myself, "Henry Hamlin, registrar"—the prisoner is the man.
Prisoner. Q. Who gave the information that it was not a legitimate child? A. The sister of the female—I do not know which sister it was she called on me, to know whether the child had been registered in the name of Seymour—I said at Worship-street that I knew you by your voice and by your looks—I swear positively I knew you the very minute I saw you—I said you were respectably dressed at the time you made the registry—I did not see any defects in your arm, or that it was bound up with splints—I said then, and say now, that your arm was not in a sling at the time you made the registry—I did not observe a bandage upon your third finger—(the prisoner had lost one of his fingers)—on my oath the person who signed had no bandage on his hand—I did not notice that his coat was ripped up—I said at Worship-street that he was respectably dressed—I do not know what time of the day he came to register the child—I should think it was about three in the afternoon—I think it was on the after-part of the day—the person was not long in my presence—it was less than five minutes, and I was engaged in writing, but I swear positively to him—it is a very rare case that I read and explain the nature of the Act of Parliament when persons come to register—I have not done 60 half-a-dozen times since the passing of the Registration Act—this prosecution is not conducted by the parish—I believe it emanates from the parents of the woman—I believe Mr. Wallen is the party—I do not know whether it is Mr. William Wallen or Mr. James Wallen of No. 11, Spital-square—I mean the father of the girl—no inducements are held out to me in case of a conviction—I have not been to Mr. Wallen bouse since—I was at Worship-street—he came once to me, to advise me as to my attendance here to-day—he did not say a word about a conviction-r-J keep no clerk or servant—mine is pot a public office—it is about a minute's walk to my office from King-street—there was no one present but you and me—I did not point out a policeman in the dock by you when asked to point out Seymour—I was not nudged by an officer in the Court to correct myself—Holland did not dictate to me—the Magistrate did not say he would not allow any dictation on the part of the officer—there was some talking in the Court, and he ordered the Court to be cleared of witnesses—it was cleared by your request—I knew you too well to be mistaken—you appeared more respectable then than you do now—I might have said you were differently dressed.
AMY WALLEN . I now live with my father. I first became acquainted with the prisoner four years since—I became intimately acquainted with him, and the result was that I had a child which he was the father of—it was born on the 5th of May last—I was then living with him as his wife, at No. 15, King-street—the child was a boy—about a quarter to eleven on the 12th of May, the prisoner went out for the purpose of registering the child—he returned in less than an hour, and told me he had registered the child it was agreed between us that it should be registered in his own name—he told me he had registered it in the name of James Augustus—this signature in
the book (looking at it) may be the prisoner's—I should think it was—I have seen him sign his name, and hare no doubt it is his handwriting, but he writes generally much wider, and much better, every letter is made much wider, but the space allowed here k rather small, and rather confined to write three names—I was never married to him.
Prisoner. Q. How old are you? A. In my thirty-first year—I was confined on the 5th of May—the child is living with my parents—it has been in the workhouse—Dr. Hill attended me—you paid him his fee that evening, and pawned your coat for the money; and the day I was confined you pawned a coat for 255.—the coat you have on was not then in the state it is now—you were obliged to have the sleeve ripped up, as you had a bad finger—you had no other coat when yos went to register the child—you wore my father's old trowsers, which were much worn—I do not think they were torn—you were in a deplorable state with regard to clothes—you had no means of obtaining them, but of course what you had were in better order than they are now—I saw no boles in then at that time—it was about a quarter to eleven o'clock in the morning when you left the buuse to have tile child registered—a person was measured for some clothes at Mr. Jukes's—he gave his name as James Seymour, 15, King-street, Bath-street, City-road—he wore a frock coat, atod was genteelly dressed—Dr. Hill met me walking with you, not with that person—I know Mr. Hilliard, of George-yard, Lombard-street—he has known me eleven years—I have not sometimes seen him for four years together—he carried on a correspondence with me prior to his marriage—when he told me fee was married, it ceased—he has been married about eight years—I had an appointment to meet you there on the 7th of July.
COURT. Q. Did you go by the prisoner's name Defore the child was registered? A. Yes, for nearly ten months, and passed to the world as his wife—the people of the house spoke to me as his wife, and I represented myself to—the prisoner went to register the child with my full consent—I under stood It was to be registered in his name—I asked relative to the name—he teid he would make it all right.
Prisoner. Q. Did you represent yourself as my wife? A. Yes, always—when I left my father's house, you had a prospect of a situation of 150l. a year—you left me on the 1st of November.
WILLIAM HOLLAND (police-constable N 146.) On the 2nd of July I took fhe prisoner in charge—I read the warrant—he said he would not go with me unless it was backed by the City authorities—he resisted—I was obliged to get two City officers before I could get him to the station—he was calling to the people to see How a citizen was carried away—he afterwards said he would Walk quietly, and did so—all he said about the charge was, "They cannot prove I am not married"—I am quite sure he said that.
Prisoner. Q. Was you ever suspended? A. Yes—twelve years ago it was alleged I had said I would not take a thief, because there was no reward—it was not proved—I was reinstated, with pay—I was not on the case of Davis for obtaining 500l.—I was not reported to the commissioners for any thing but what I have named—I do not know Broad, a swindler.
Prisoner's Defence. She passed by my name ever since she left her father's house. I am not the person who did this.
The defendant entered into his own recognizances to appear for judgment when called upon.
NEW COURT.—Monday, August 17, 1846.
Fifth Jury, before Edward Bullock, Esq.
NOT GUILTY .
GUILTY Aged 16.— Confined Twelve Months.
GUILTY .* Aged 18.— Transported for Seven Years.
GUILTY Aged 19.— Confined Twelve Months.
GUILTY Aged 20.— Confined Six Months.
MESSRS. CLARKSON and PAYNE conducted the Prosecution.
JAMES TILLYER . I am a farmer, and live at Harmondsworth. The prisoner was carman to me and my brother—on Sunday night, the 19th of July, the prisoner, and a boy named Finch, had to go to Kensington with an empty wagon and three horses, for a load of manure—they are not allowed to take any corn for the horses when they go out—it is a general rule foi them to have a truss and a half of hay, but no corn whatever—all my servants were acquainted with that rule—late on that Sunday night I received information of the prisoner being in custody—on the morning of the 20th of July I went to my nag's stable, and examined the bin—it was partly Ml of oats—it had been fastened with a lock before—I found the staple had been drawn—I did not see what had been in the bin before—I compared the oats produced by the officer with those which were in the bin—I believe them to correspond—they were of the same quality exactly.
Cross-examined by MR. O'BRIEN. Q. How long had the prisoner lived with you 1 A. Not many months—he had worked for a farmer in the neighbourhood—I never told the prisoner about the rule in our establishment—it is well known—my nephew generally manages feeding the horses, and giving the loads to the men.
WILLIAM DANIEL MITCHELL (police-constable T 167.) On Sunday night, the 19th of July, I was on duty at Harmondsworth—about a quarter past eleven o'clock I saw the prisoner come from Mr. Tillyer's premises, with a wagon—I stopped it, and asked what he had in the wagon—he said he had his hay for his horses—I asked if he had any thing else—he said, "No A looked under the wagon, and found, tied to the axletree, a bag containing a bushel of oats—I asked How he accounted for their being there—he said he knew nothing about them—Finch was with him—I said they must consider themselves in custody—the prisoner said he hoped not, that he knew he took them, and meant to give them to the horses—I called Mr. Tillyer up, and showed him the oats.
Cross-examined. Q. The prisoner had three horses, I believe? A. Yet—I never found corn under the wagon before, nor carried on the shaft of the wagon—I have frequently stopped the prisoner before, and found nothing on him.
MR. PAYNE. Q. Is it customary for men to carry corn in a bag under the axle tree? A. They have no right to do it.
WILLIAM HOLLIS . I live at Longford. I am corn-measurer to Mr. Tillyer—on the 18th of July, I shot two sacks of black Tartary oats into the bin, and I suppose there was rather more than a peck of oats in it before—I examined the oats produced by the officer on the Monday—I compared them with the oats in the bin—they were the same sort as I bad carried in.
SILAS STRANGE . On the 18th of July I saw Hollif shoot two sacks of black oats into the bin—I fed the horses that day and the next—I measured the oats in the bin on the Monday—there was about a bushel missing, above the quantity I had given to the horses—I locked the bin after I fed the horses on Sunday, and kept the key—I did not draw the staple—the proper way to get at the oats was to unlock the bin, but I was not there—tbe prisoner had no right to take the oats, or to draw the staple.
Cross-examined. Q. Mr. Tillyer's nephew chiefly manages the business? A. Yes—if they wanted oats and I was not there they must draw the staple.
GUILTY Aged 22.—Recommended to mercy.— Confined One Month.
RUSSELL ELLICE . I am a merchant—on the 4th of August I was on London-bridge, coming from Southwark, towards the City—I observed the prisoner and another man following me over the bridge—they passed me suddenly, and I observed the shorter man, who is not in custody, pass something to the prisoner—I felt my pocket, and my pocket-book was gone—it had beea in my pocket not two minutes before—the prisoner crossed the bridge—I followed, and accused him of having my pocket-book—I took bold of him—he broke from me, and ran among the carts—I followed him—he came back to the pavement, and I saw him distinctly throw the pocket-book over the bridge—I afterwards saw him taken by the policeman—the book was produced at the office—this is it—it is the one I lost—there are a few cards in it and some penny postage stamps.
Cross-examined by MR. BALLANTINE. Q. Have you said before that you saw him throw the book over the bridge? A. I do not know that I have, but I saw it distinctly—I was within a yard of him—I was examined before the Magistrate—I then said, "I was following him—I saw him throw something over the bridge"—I really do not know why I did not say a pocket-book, but it was the pocket-book.
THOMAS RANDALL . I am a hatter, and live in High-street, Oxford—I was on London-bridge—I saw the prisoner escape from Mr. Ellice's grasp—I cannot say that I saw Mr. Ellice have hold of him, but I saw his band about a yard from him—I saw the prisoner dodge between the carts and vehicles, and on reaching the opposite pavement I distinctly saw him throw some dark object over the bridge—I kept my eye on him till he was taken—I then went to the opposite side of the bridge and saw the pocket-book come floating under the bridge—I called the attention of a waterman to it—he picked it up, and brought it in a wet state to the office.
o'clock on the 4th of August I was rowing under London-bridge—I had rty attention called to an object—I did not see it at first, but I rowed about atrd found this pocket-book.
THOMAS WINCH (police-constable M 40.) I saw the prisoner near me and took him—I did not know what it was for till the prosecutor came and said it was a pocket-book—I took the prisoner to the station, and Grove brought the pocket-book, which the prosecutor identified.
GUILTY † Aged 39.— Transported for Seven Years.
OLD COURT.—Tuesday, August 18th 1846.
Second Jury, before Mr. Recorder.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
ELIZABETH MAY . I am the wife of Samuel May, a tailor, of No. 5l, Orchard-street. On the 25th of July, af a quarter after eleven o'clock at night, I was at Mr. Week's public-house—the prisoner came and askecf me for change for a shilling—I gave her two sixpences—I looked at the shilling, said it was a bad one, and gave it her back, and had the two sixpences back myself—Mr. Weeks stood at the door then, and took the shilling from her—he broke it, brought it into the bar, and said to me, "you mark k"—I marked it on the head with the point of the scissars—when she had given it up, she went out directly—Mr. Weeks said, "Recollect, this will be against you some other day"—I am sure I marked one piece, if not both—I wrapped them in paper, and put them into the till—on the Wednesday followieg I gave them to Roots, a policeman—I am quite positive the prisoner id the woman.
MARGARET FITZGERALD . I am the wife of John Fitzgerald, a green-grocer, of Tothill-street; he also sells shawls. On the 29th of July the prisoner bought a second-hand shawl of me for 10c?., and asked me if I could change half-a-crown, which she gave me—I said, "No"—I took ifc across the street, to Mr. Wicks, to get change—it was never out of my sight till I gave it to the police—I called the prisoner to me when I came from the public-house—I said to her, "Did not you know when you gave me this half-crown, that it was bad?"—she said, "No, I got it at the pawn-shop when I pawned my shawl"—I said I would give her in charge—she said, 'Do, if you like"—I gave her in charge with the same half-crown.
GEORGE ROOTS , (police-constable B 168.) On the 29th of July the prisoner was given into my charge by Mrs. Fitzgerald—she gave me half-a-crown—I took the prisoner to the station—she was searched—I had found three halfpence on her in the street—I received a broken shilling from Mrs. May, wrapped up in paper.
MRS. MAY re-examined. This is the shilling—I could swear to it a hundred times.
MR. HORRY, on behalf of the Prisoner, called
MARGARET GREEN . My husband is a labourer; we live at No. 17, Moore-street. I have known the prisoner ten years. On the 25th of July, about hall-past ten o'clock, I went to Mr. Greygoose, the pawnbroker, in
Crawford-street, Marylebone, witb her—she had no money, to my knowledge, before sbe went there—she went to get a shawl out for 6d.—she got the 6d. from her mother—I do not ihink slie had any other money—I never knew anything against her character—she had a stall, and ojd fruit in the market.
GUILTY — Confined One Month.
MR. ROBINSON conducted the Prosecution.
ELIZA CRUWYS . I am the wife of John Crawys, of the Turk's Head, King-street, Holborn. On the afternoon of the 2nd of July, the prisoner came to our house for a pint of porter, and gave me 6d.—I gave hex change, and held the sixpence in my band some time, talking to her—did not like to notice it while she was there—when she went out I went to the door, and she was gone—the sixpence was bad—I laid it on the shelf—it laid there eight days, separate from any other money—on the 10th of July she came again for a pint of beer—she had another woman with her—Pyle, the bar-maid, served her—the gave her Gd.—I told her not to put it in the till, but to give it to me, which sbe did—I perceived it was had—I told her it was the second one she had given me, and I would give her in charge—she said she would go and look for the person who gave jt to her—I said J would not allow her to do so—she ran out—ths pot-boy ran after her—I gave both the sixpences to Mr. Cruwys—he gave them to the policeman—I am certain I received the first one from her eight days before.
Cross-examined by MR. PAYNE. Q. How do you know it? A. Iput it with no other—I locked it up about three days after—I did not mark it at first—the woman bad a black eye, and I know her very well by her dress.—nobody but the bar-maid and myself have access to this shelf—we never leave the bar to any one—the pptrboy never pomes into the bar—he bad been with us about three weeks.
MR. ROBINSON. Q. The prisoner was dressed the same as at first? A. Yes—I noticed her at that time—I am certain she is the woman.
ANN PYLE . I am the bar-maid. On Friday afternoon, the 10th of July, th£ prisoner asked for a pint of beep—I served her—she gave me a sixpence—I gave it to Uje mistress, who told hfr it was had, and charged her with having given her a bad one before—she said she would fetch the person who gave it to her, and ran away—the pot-boy fetcbefl he back, and gave hex in charge.
Cross-examined. Q. Who put these marks on them? A. The prasecutrix, when she gave them to me.
MR. JOHN FIELD . I am inspector of counterfeit coin. These sixpetces are both counterfeit, and both cast in one mould—there is a particular nwk, which satisfies me they are cast in one mould—there is a defect near the head.
MR. PAYNE called
MARY BURKE . I have two houses in Short's-gardens. The prisoner lodged with me—she had a black eye on Whit Monday and Tuesday, but not on the 2nd of July, or for a fortnight before—it was well three weeks before.
MR. ROBINSON. Q. How did she get it? A. A young man who keeps company with her gave it to her—Whit Sunday was on the 31st of May—she came to me on Whit Tuesday, with a black eye—I know it was Whit Tuesday.
GUILTY Aged 29— Confined Two Months.
NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
MARY CRANE . I am assistant to Mrs. Benstead, of Sidney-place, Commercial-road. On the 5th of Aug. the prisoner came into the shop, and asked for some ornaments for a purse, which came to 1s. 2d.—she gave me a 5s. piece—I threw it into the till, and was about to give her change—Mrs. Benstead stopped me, and told the prisoner it was a bad one, and she knew it—she said she did not know it—Mrs. Benstead took it out of the till—there was no other in the till at the time—the prisoner wanted to leave 5d. deposit on it, and to have the crown returned when she came again—she went away—we kept the crown—the policeman came within five minutes after—we marked it, and gave it to him—we were to keep the articles for her until she came again.
Prisoner. I am not the person. Witness. She is the person—she was dressed in a dark shawl, black bonnet, and a dark dress.
CATHERINE BENSTEAD . I am wife of Joseph Benstead, of No. 22, Sidney-place. On the 15th of Aug. I saw the prisoner come to purchase some purse ornaments—they came to 1s. 2d.—I saw her give a crown piece in payment, which Crane put into the till—there was no other crown there—I immediately took it out, and found it was bad—I told the prisoner so—she said if it was she did not know it, and asked to be allowed to leave 5d. on the goods—I gave the crown shortly after to the policeman—I am sure it is the same—she did not come back—I am quite sure she is the person—I never saw her before.
HENRY STAPLETON . I am an ironmonger, at Park-place, Mile-end-roao. On the 12th of Aug., about half-past twelve o'clock, the prisoner came to my shop, and bought some candlesticks, which came to 3s.—she tendered me a 5. piece—I gave it to the boy to get it changed—he came back, said it was bad, and gave it to me—I noticed that it was bad, and told the prisoner so—she said she did not know it was bad, she had had it since Monday, and I could send the candlesticks home, and she would pay for them—I gave her the crown back, and let her go—I followed her—I found she did not go into any other shop, and, after following her some distance, gave her in charge—she said she lived at No. 27, Kingsland-road, at a grocer's, named Smith.
FREDERICK GEARING . I am shop-boy to Mr. Stapleton. On the 12th of August I saw the prisoner at the shop—she gave master a crown-piece—he gave it me to get changed—I went to the public-house, but was told it was bad—I brought it back, and gave it to master—I am certain it is the same—the barman had it in his possession, but it was not out of my sight.
GEORGE BARRETT (policeman.) On the 5th of August I was called into Mrs. Benstead's shop—she gave me the crown-piece—I marked it in her presence—on the 12th of August Mr. Stapleton gave the prisoner in charge—I took her to the station—I received a 5s. piece there, after Mrs. Green had searched the prisoner—it was put into my hands by sergeant Shaw, after Mrs. Green had marked it—I had seen her give it to Shaw—she gave it to me.
JANE GREEN . I am searcher at the station. I searched the prisoner, and found in her hand a counterfeit 5s. piece—I asked her if she knew it was a bad one—she said she did not, she had had it since Saturday—I marked it, and then delivered it to Barrett—here is my mark on it.
Prisoner's Defence. I was never in the lady's shop,
GUILTY Aged 31.— Confined Six Months.
MR. ROBINSON conducted the Prosecution.
SYLVIA BRITCHARD . I am the wife of William Britchard, confectioner, Tothill-street, Westminster. On Monday, the 3rd of August, about nine o'clock in the evening, the prisoners came to the shop—Hall asked for 1d. worth of stale pastry—she gave me half-a-crown, (Grady stood close to her, and could see what was going on—they conversed together,) I felt the half-crown between my fingers, and said it was bad—she said, "I do not think it is, my husband gave it to me—he is a coal-heater"—I took a knife to cut it—a policeman was going by, I called him in, and gave Hall into custody—he took her, and another policeman took Grady.
JOHN WHEELER (policeman.) On the 3rd of August I was called into Mrs. Britchard's shop, and took Grady into custody—as we left the shop I saw her drop half-a-crown out of her hand—I picked it up—I have it here—she said "What do you mean by taking me?"—I said, "you will find tnat out by-and-by"—she said she had not dropped anything.
Hall. I dropped the half-crown. Witness. No, Grady dropped it—the was outside the door, and Hall was in the shop—I did not pass Hall in bringing her out, she stood nearest the door.
THOMAS BEST (policeman.) On the 3rd of August I was called into Mrs. Britchard's shop to take Hall—Mrs. Britchard gave me a counterfeit half-crown, which I produce—Hall said she had received it from her husband—I went into the shop before Wheeler, and detained both in the shop till he came—he went out first with Grady—I was close to him at the time, turning round to take hold of Hall—we were not two feet apart at any time, and the prisoners were about the same distance apart—I heard somebody outside say, "There is a dead one"—my brother constable stooped down and took up a half-crown at the door-way—one of us was in the door-way, and the other is not out—it could not have dropped from Hall, I am certain, as she was inside the door—I was between her and Grady.
Hall's Defence. My husband gave me both the half-crowns—I was going I; into the shop, found it was bad, and thought it was no use.
Grady's Defence. Hall asked me to go into the shop with her; I went; I stood by, waiting for her; I did not do anything at all; I did not know, what was going on; I had never seen her before; she is quite a stranger to me; I heard something fall as I went along, but did not know what it was
HALL— GUILTY . Aged 19.— Confined Six Months.
GRADY— GUILTY . Aged 24.— Confined Three Months.
1506. MARY CLEARY was indicted for stealing 1 necklace, value, 4l. 10s.; 2 brooches, 2l.; 5 rings, ll. 6s.; 1 thimble, 1s. 3d.; 1 needle-case, 1s. 5d.; 8 foreign silver coins, 13s. 4d.; the goods of Sarah Cohen: and 2 rings, 4s.; the goods of Michael Gompertz, in his dwelling-house.
the house of Michael Gompertz, on the 16th of July, about seven o'clock in the evening, at the first floor window—Mr. Gompertz's second floor window was open at the time—the prisoner stood at the window with a box in her hand—she first looked at the top, then at the bottom, and I saw her force it open with her hand—she was not very far distant—I had a clear view of her, and can speak positively to her—I did not know of the robbery till the Friday afternoon.
RACHEL GOMPERTZ . I am the wife of Moses Gompertz. I live at No. 3, New-street, Bishopsgate—Michael Gompertz is my father-in-law—I engaged the prisoner on Tuesday afternoon as servant—on Wednesday she was washing the whole of the day, and on Thursday evening the robbery occurred—Sarah Cohen had brought the box to my house on Wednesday night, at twelve o'clock, and put it on to the first floor, by the window—I saw it safe at one next day—the prisoner was up stairs during that afternoon, cleaning—about half-past seven I called her, but she was absent from the house—she returned at eight—I asked where she had been—she replied, "At the washerwoman's, taking in the clothes."
Prisoner. There was another young man and woman in the house, and when the property was lost she took everything off, and searched me, but found nothing—I never touched the box.
MICHAEL GOMPERTZ . I am a general-dealer, and live in New-street, Gravel-lane, Houndsditch. On Wednesday evening, the 16th of July, at a quarter after twelve o'clock at night, I returned from Rotterdam—the prosecutrix was in the boat, and had not got a place to go to, and was a stranger in the country, she asked me to take her home and give her a night's lodging—she had come over with me from Holland—I took her to the house—the prisoner was there—on Thursday evening, about a quarter after seven I was going up stairs, and saw the prisoner with the box in her hand, before the window—I was going down, and she was going into the front room with the box on her arm—I thought it was her own box—I had never seen her before—she had only been three days in my house—in the evening I missed two rings—I have seen one of them since.
Prisoner. Two men had their meals in the room. Witness. There was nobody in the room—we supped, dined, and had breakfast in the room—plenty of people were in the room in the course of the day.
SARAH COHEN . I came to England last Wednesday five weeks from Amsterdam, with Gompertz—I had a mahogany box—I put it on the first floor in a hat-box in Gompertz's house, in the room in which the family had their meals—there was in the box a gold chain, five gold rings, a silver needle-case, a silver finger-stall, a thimble, and two brooches—I gave forty guilders for the chain, (about 3l. 12.) and eighteen guilders for the brooches (30.)—there were eight silver guilders, worth about 20d. each—I missed them between eight and nine o'clock in the evening—I had taken some money out of the box at four o'clock—I then locked the box, put it in the hat-box, and tied a handkerchief round it—the prisoner was present when I did that, but I did not suppose she was noticing it—I found the box broken open—it was still in the hat-box, and the handkerchief was tied round it again—the lock was broken and hung at the top of it.
EMANUEL COHEN . I am a wholesale dealer in sponge, and live at No. 49, Mansell-street, Goodman's-fields—on Thursday evening called at Gompertz's shop with my wife, to order some cheese—Gompertz said to me, "There is a girl come from Holland who wants a situation"—he recommended me to take Cohen as a servant—she was going up stairs to show me some
papers she had in her box, as a recommendation, and cried out that her box; was broken open, and all her things taken out—we all ran up—the prisoner was in the room with others—Mr. Gompertz said he had seen her with the" box in her hand, but he did not know it was not her own—I said to the prisoner, "you are a young girl; if you have taken the things and everybody leaves the room, you had better put them back again"—she said, "Do you see anything green in my eye?"—I said, "you will be transported if you do not> give the things back"—she said, "Over the left, they can transport me"—I had said, "If you give up the things nobody will say any thing about it"—she was taken to the station—in going along I saw her meddle with her hair very much, and I told the policeman of it—in the station-house she sat on the seat—I saw her meddle with her hair again—at last she took something, and put it by the side of her—when the policeman told her to get up, and be measured, then the ring was lying on the seat—Mr. Gompertz was lying in a fit at the time—he was a good way from her, quite in a different part of the place—he did not sit in her seat at all—it was not on the ground—it was on the seat—I have never said it was lying on the ground—it must have been put down wrong in my depositions—I did not say before the Magistrate that it laid on the ground—when Mr. Gompertz came to, they showed him the ring and asked him if he could swear to it—he said he could not, he did not think it was his—it was bent all to pieces then.
Prisoner. I did not use the expression he says; all I said was, "If they transported me I was innocent."
GEORGE HAZLEWOOD (City police-constable 613.) I took the prisoner into custody—as we went along to the station, my observation was called to the prisoner fingering her hair—I thought it was from excitement, from being given in charge—I could perceive nothing taken out of her hair—when she. got to the station she was doing the same thing, and when I took her from her seat to take her measure, my attention was called from her, and this ring was picked up under where she sat—nothing else has been found.
Prisoner's Defence. The young woman who charged me with stealing the property sat by my side at the station-house.
SARAH COHEN re-examined. I took the ring from the seat, when the prisoner got up—it laid behind her—I stood next to her—I did not sit down—when she got up I saw something glitter—I went towards it, and took it off the bench—I had been out all day with Mrs. Gompertz's mother—I slept in the same room the box was in—I had no man in my company—nobody in this country has seen me with the property—I had not told any body I had got it.
CLARA PHILLIPS re-examined. I am not acquainted with Gompertz—I was not aware of the robbery till the Friday—the box was like the one pro duced—my window was wide open, and so was Mr. Gompertz's—I did not see the prisoner go out.
MRS. GOMPERTZ re-examined. The prisoner slept on the second floor—she had no box of her own—the prisoner had been to the washerwoman's—I missed her at half-past seven o'clock—the washerwoman does not live above ten minutes' walk from our place.
NOT GUILTY .
NEW COURT.—Tuesday, August 18th, 1846.
Sixth Jury, before Mr. Common Serjeant.
1507. ROBERT LENNETT was indicted for stealing 1 box, value 6d.; 4 rows of beads, 1d.; and 1 silk tassel, 1s.; the goods of Fanny Webb ; also, for feloniously breaking and entering the dwelling-house of Abraham Isaac Edwards, on the 12th of Aug., and stealing 3 half-sovereigns, 16 shillings, and 3 sixpences, his property; to which he pleaded
GUILTY Aged 13.— Confined Three Months.
MR. PAYNE conducted the Prosecution.
DAVID ACRES (police-constable T 111.) I was on duty at Old Brentford on the morning of the 8th of July, and saw the prisoner come from a marine-store shop, with a bag on his shoulder—I went to the shop and made inquiry—I followed the prisoner, who had a donkey-cart with grains—I asked what he had got in the cart—he first said, "Nothing"—I said, "you have got something"—he said, "Yes, I have got a little piece of copper"—I asked where he got it from—he said two men, named Taylor and Jackson, brought it to him to sell for them—I took him into custody—I found four pieces of copper in a saltpetre bag, on the top of the grains.
Cross-examined by MR. BALLANTINE. Q. Do you know there are two such persons as Jackson and Taylor 1 A. Yes—they were apprehended, and let off, and bound over to answer any charge that might be preferred against them—they are not here—they were bound to come here—the prisoner has lost part of his arm—I found the copper came from Messrs. Curtis's powder-mill—it has been broken up—Jackson and Taylor work at the powder-mills
MR. PAYNE. Q. Did you search the houses of Jackson and Taylor? A. Yes—I found nothing there—I found four more pieces of copper at the prisoner's—Taylor and Jackson said in the prisoner's presence that they knew nothing about the copper—I have got 81lbs. weight of copper—the whole quantity.
JAMES CUSHEN (police-sergeant T 15.) The prisoner was brought to the Brentford-station, in the 8th of July, with four pieces of copper—I asked if he chose to give any account of the copper found in his possession—he said Jackson and Taylor, who worked at the powder-mills, brought it to him at five o'clock in the morning, in a barrow, to sell—he said it was one round plate—it was cut in quarters, and one quarter was missing—I asked what became of the other quarter—he said he had it at home with some more—I searched the back shed of his premises, and found the other quarter, and three other pieces of copper covered with hay—the whole amounts to 8lbs.—when the prisoner was before the Magistrate, he said he had nothing to say.
COURT. Q. Then he did not charge Jackson and Taylor with giving him the copper, when they were present 1 A. He did not—they denied that they knew anything about it.
ROBERT ASHBBE . I am manager at Messrs. Charles Berwick Curtis and Mr. Harvey's gunpowder-works, at Hounslow. This copper is their property—the prisoner was employed by them—he was last employed as a watchman up to last Nov.—he had worked at a building where these plates were kept.
Cross-examined. Q. Where were they kept? A. In a building called a press-house—the buildings extend over three quarters of a mile—owing to
the dangerous nature of the works, they cannot be enclosed in walls—Tayloi and Jackson have access to them—they were at work on the day this copper was found—the prisoner has losf his arm—I do not know whether he could have broken up this copper with his left-hand—he keeps a donkey and cart—I do not know that he keeps a shop—these pieces would form two distinct plates, weighing 8 libs.—the prisoner was dismissed for drunkenness—he had been employed at the mills from a boy—he lost his arm in a machine on the premises.
JURY. Q. When did you see the copper last? A. We know that there are plates missing—I cannot say when these identical plates were there.
MR. PAYNE. Q. Where does the prisoner live? A. Near there—there was nothing to prevent his coming with others and removing the copper at night.
COURT. Q. Have you seen tnte copper on the premises since Nov.? A. I cannot say that I have.
JOHN JOSEPH BOWE . I am a currier, and live in Falcon-square. About ten o'clock in the evening, on the 23rd of July, I was passing the Mansion-house—I received information, and found I had lost my handkerchief from my pocket—this is it.
MICHAEL HAYDON (City police-constable, No. 272.) At a quarter past ten o'clock I was in King William-street—I saw the prisoner and three other young men at the corner of Cannon-street—the prosecutor passed, and the other three followed him down King William-street—the prisoner crossed the street, and apparently was keeping a sharp look-out, turning his head right and left—when they got near the Mansion-house one of the other three went and took something out of the prosecutor's pocket, and crossed orer to the prisoner—I took the prisoner, and found on him this handkerchief.
Prisoner's Defence. I saw a boy cross the road—he ran to me, and threw something against the railing—I turned back, and took the handkerchief up—I had not been with any other persons.
GUILTY Aged 19.— Confined Three Months.
YEOMAN pleaded GUILTY . Aged 20.— Confined Six Months.
DOBSON pleaded GUILTY . Aged 21.— Confined Three Months.
JEFFRY HOLLINGDALE . I live in Friday-street. About half-past six o'clock in the evening, on the 21st of July, I was standing on the pavement in Cheapside—I felt a jerk at my pocket—I turned, and saw the prisoner concealing my handkerchief—I took hold of him with it.
Prisoner. I picked it up as I was standing there. Witness. I am sure I felt a jerk at my pocket, and the handkerchief was all in the prisoner's pocket but one corner.
GUILTY Aged 18.— Confined Three Months.
MR. DOANE conducted the Prosecution.
ABRAHAM JOHNSON LAMPRELL . I keep the Angel tap at Edmonton. The prisoner was in my service as pot-boy from Nov. last—it was his duty to receive monies for beer of mine which he supplied, and he was to account to me for the money at the time he received it—he left my service in July—after he was gone I found Mrs. Tuffnel had paid him la. 6d. for beer—he never gave me that money, nor accounted to me for 1s. 1d. from Mr. Woodward.
Cross-examined by MR. BALLANTINE. Q. When did the prisoner leave you? A. On the 7th of July—he took out pots of beer—he was obliged to account for them in money, except what he left with parties whom I authorized him to trust—if he served regular customers he need not bring back their money, till they paid him their week's score—supposing he did not account for the beer in money, he had to account for it in the book, which I have here—the names of Tuffnel and Woodward both appear in this book as persons whom he has trusted—I was not aware that he had trusted a great many persons without entering it in this book.
LOUISA TUFFNEL . I am the wife of Thomas Tuffnel—we live at Edmon ton—I am a customer of Mr. Lamprell's—I used to take beer of the prisoner. On the 6th of July I paid him 1s. 6d. for a week's beer—I gave him half-a-crown, and he gave me two sixpences out.?
ROBERT BOYLE . I am an officer of Newgate—I saw the prisoner in custody there—he handed me this letter—he put his mark to it—it was written by some fellow-prisoner—I asked if he was satisfied with the contents of it—he said, "Yes, "and I put my initials to it.
Cross-examined. Q. Do you know whether it was read to him? A. No, I cannot say that.
NOT GUILTY .
MR. CLARKSON conducted the Prosecution.
CHARLES CARTLIDGE . I am one of the firm of Wynn, Ellis, and others, of St. Paul's-churchyard—we had a customer named Owen, in Great Coram-street. On the 23rd of July the prisoner came to the warehouse, about eleven o'clock—he produced this order—he said he brought it from Mr. Owen, of Coram-street, and he was going further, to the house of Rogers, in Watling-street, and would call for the goods on his return—I gave the order to one of our young men, to take it into the entering-room—these patterns were on it—(read—"Gentlemen, you will oblige by sending, per bearer, one piece of satinett to each colour of pattern, not to exceed 4A.—For yours, respectfully, W. D. Owen.")
Prisoner. Q. Was the letter sealed? A. I do not recollect—I should say this was sealed, from the appearance of it at present.
MR. CLARKSON. Q. Are you sure he told you he brought it from Owen's, in Coram-street? A. Yes.
JOSEPH GIBSON . I am in the employ of Messrs. Ellis and Co., in the entering department I received this order—the parcel was prepared, and that and the order were sent to me to be entered—Mr. Owen, of Coram-street, deals at our house—I looked at this order, and in consequence of
some suspicion I entertained, I saw the prisoner when he returned, which? was in about twenty minutes—I asked him what he wanted—he said he had I come for the goods for W. D. Owen, of Coram-street—he was then in the T entering-room, where the parcel was lying on the counter—I said, "There j they are; is there anything else in the house?"—he said, "No, that is til"'—I then entered the order, and after entering it, I took it up and said, "This is not Mr. Owen's writing"—he said, "No"—I said, "Who wrote it then?"—he said, "The shop-walker"—I said, "1 don't like it—from the appearance of this order I should not be justified to give up goods to this amount; I will send or go with you to Mr. Owen, "to which he replied, "Very well"—we got a cab, and proceeded there—I asked him in the cab whose writing it was—he said, "Mr. Williams, the shop-walker"—when we got to Mr. Owen's, I did not see him, but I saw the shop-walker, and he said, in the prisoner's presence, that he did not know the writing at all—the prisoner did not make any answer.
WILLIAM DANIEL OWEN . I am a silk-mercer, and carry on business in; Great Coram-street—this order is not my writing, nor is it in any way authorized by me—I never saw the prisoner till he was in custody—Mr. Smith is my shop-walker, and was so at that time—I am a customer of Mr. Ellis's.
JOHN SMITH . I am in the employ of Mr. Owen, as a shop-walker—I re ceive money from the other men, and see that the customers are attended to—I did not write this order, nor authorise any one to do it—I did not send for these goods.
Prisoner's Defence. I have been made the dupe of designing persons; I thought them my friends and they took me in; I met a young man named Motts in St. Paul's Church-yard, who had lived with me at Mr. Nunn's, a draper; he asked me where I was; I said I was looking for a situation; he said he knew Mr. Owens, and their shop-walker's name was Williams; he gave me this paper to carry; he told me he had to take it to Ellis and Everiogton for these goods, and asked me to do it while he went to see a proctor in Doctors Commons; I was to give it to any person I saw, and to tell him I had to go to Rogers, in Watling-street; I did so, and then he told me to fetch the goods; when I did that, they asked me to go in a cab, and when I got there I found the person who gave me the order was not known there.
GUILTY . * Aged 17.— Transported for Seven Years,
MR. DOANE conducted the Prosecution.
EDWARD RUFF . I am a mapmounter, and live in Hind-court, Fleet-street—I am in partnership with my sisters—the prisoner was in my service about six months—I had a good character with him from a clergyman in London—he was occasionally engaged in receiving money for me in my business—on the 3rd of June, I had these two checks (looking at them)—I gave them to the prisoner to get cashed—one is for 37l. 16s., on the Commercial Bank, and the other is for 24l. 2s. 6d. on Fuller and Co.—I instructed him when he received the money to go and pay a bill at Greenwell and Co.'s, and also one at Godson's—he never returned—I found he had not been to Green well's, nor to Godson's, to pay those accounts.
Cross-examined by MR. CLARKSON. Q. I think you have received a part of this money? A. Yes, 25l., and the policeman has a 5l. note—the prisoner was engaged in collecting money and in writing—he had not a great deal of
money pass through his hands—he had some hundreds in a year—I believe on the Saturday before he had a check of 53l.
JAMES MOXON MARSHALL . I am a clerk in the Commercial Bank—on the 3rd of June I cashed this check—I gave the person a 30l., a 5l. note, and 21. 16. in money—I afterwards changed the 30l. note into gold for him—the 5l. note was No. 46, 117.
JOSEPH DALTON (City police-constable, No. 366.) From information I received from Mr. Ruff I went to the prisoner's lodging at No. 25, Drummond-crescent, Euston-square, on the 4th of June—I did not find him there, but I found his wife—she made a statement to me—I watched the house for five days, and on the 9th of June I observed the postman hand a letter to the prisoner's wife—I went up and took it—this is the letter, and in it was this 5l. note, No. 46, 117—on the 9th of July I saw the wife go and speak to the prisoner—I went and took him into custody—I told him I took him for absconding with some money of Mr. Ruff's, and he said, "Very well"—in going from Euston-square towards the station he said his wife ought to have the 51. note in the letter, that it did not belong to Mr. Ruff, it came from Liverpool—nothing had been said about a 5l. note then.
Cross-examined. Q. Had you not said something to him about 5l. before? A. No, sir—I had not seen him before—I told him I was a police-officer—I had private clothes on—there was no one present but ourselves—Mr. Dardell was on duty that night at the station—I did not tell bim this conversation.
"Dear Ann,—you have no doubt suffered much uneasiness and distress of mind at my sudden disappearance from town, the cause (a singular one) I will endeavour to explain; but the real fact is, J am so confused and wretched that I am not able to give you the particulars, and I fear much that what I am going to relate will only be considered a fabrication by all parties, with the exception of yourself; what I tell you is true. Mr. Ruff handed me two checks to get cash for, in order to discharge some bills. I went to the banks (two) and got cash for the checks, and unfortunately I put 36l., with the bills I had to pay, and some letters, in some brown paper; the other money I had in my trowsers pocket; the 36l. and letters in my coat pocket. It is not far from the banks to White and Greenwell's, the first parties I intended to pay. Oh, Ann what was my consternation and surprise, when I got to White's, my parcel was gone—yes, gone, and for ever I did not go into White's. I retraced my steps to the banks; that was useless, there were thousands walking to and fro. I certainly did look into one auction-room for about half a minute, on the road to White's, but I cannot swear that I lost the money there; How it went it is impossible for me to say. Expecting immediate dismissal or a prison, I wandered about in a state of distraction that I cannot well describe. I knew not, nor did I care whither I went. I really thought that I should have gone mad. If the scoundrel who robbed me had felt what I felt, he would, I think, have altered his course of life. I cannot enter into the detail of my journey here, it would exceed my limits; to be brief, I made the best of my way for Cambridge; the Miss Jones's were at Yarmouth. I stated my case; they have been kind, very kind. One gentleman, when he heard of my misfortune, gave me 5l., but would not give me his name or address. I am in rather better spirits. I hope I shall be
able to make up all the money to my kind employers. I send you 30l. for Mr. Ruff; take it to him; tell him, Ann, my case; he may, perhaps, allow me time to get up the money; I will beg, borrow, I will do any thing but steal, to make it up; sell or pawn my things for your immediate wants. I leave Yarmouth this day. I shall endeavour to reach Darlington, and try my friends there. Ann, keep up your heart, my dear, all may be well yet; we have had many severe trials through this uncertain life, but this is the most awful blow I ever experienced; may it be the last. Poor Ann, my eyes are now swimming with tears, I cannot write more; if I succeed in Durham I will write.—yours, ever truly, G. WRIGHT. I can say nothing about my children. The letter for Mr. Ruff you may take with the inclosed 5l.; the letter contains 25l., or at least an order for that amount."
(The prisoner received a good character.)
GUILTY Aged 41.—Recommended to mercy by the Jury.— Confined Six Months.
DAVID WATERWORTH . I am a boot and shoemaker. I live at No. 5 and 6, Hackney-road—I employed the prisoner to work for me for a considerable time—on Whit-Tuesday, 1843, I gave him materials to make seventeen pairs of shoes—he ought to have returned those shoes—I never saw him afterwards till he was taken into custody about six weeks ago—he never brought me the leather or the shoes.
Prisoner's Defence. On my road home I went into a public-house and fell asleep; when I awoke the bundle was gone.
GUILTY Aged 34.— Confined Three Months.
JOHN GUNNER . I am a lighterman, and live in the Crescent in the Minories. Last Saturday, about two o'clock, I was in Bishopsgate-street—I received information, and went after the prisoner—I seized his hat, and found a handkerchief in it—it was mine.
ROBERT GYMER . I observed the prisoner in Bishopsgate-street last Saturday with a little boy—I saw them together about half an hour previous to the robbery—I saw the little boy take a yellow handkerchief from the prosecutor's pocket—he gave it to the prisoner, who put it into his hat and walked away.
Prisoner's Defence. I picked it up and put it into my hat; I took it out to wipe my forehead; there was no one with me.;
GUILTY . Aged 23.— Confined Nine Months.
1518. WILLIAM SLATER was again indicted for embezzling and stealing a security for the payment of 51l. 19s., the property of George Keene and others, his masters; JOHN SLATER and THOMAS SLATER for (feloniously receiving the same, knowing it to have been stolen.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
FRANCIS TEBBUTT . I am a wholesale draper, and carry on business in Wood-street, Cheapside, in partnership with George Keene and another. William Slater had been in our employ about a year and a half—we had very considerable confidence in him—he was occasionally sent out to receive money to a considerable amount—he was sent, on the 10th of July, to receive 51l. 19s. from Mr. Clayton—it was his duty to account for the money he received on his return—it was customary to give him a pocket-book with the name of our firm on it, to put bank notes and cash in—he did not return—I did not see him till he was taken on the following day.
WILLIAM CLAYTON . I am a linen-draper, and live in Whitechapel-road. I am a customer at the house of Keene and Co.—on the 10th of July William Slater called on me—I gave him for his masters a check for 51l. 19s. on the London and Westminster Bank, and crossed it to Barclay and Co., who I knew were the bankers of Messrs. Keene and Co.—I took this memorandum from William Slater.
GEORGE EDWARD RADFORD . I am cashier to the firm of Keene and Co. I gave instruction to William Slater on the 10th of July to go and receive certain amounts of money owing to the firm—amongst others, I gave him the name of Mr. Clayton, from whom he was to receive 51l. 19s.—he had a pocket-book, with the name of the firm written on the inside—he did not come back again—inquiries were made, and he was taken the following evening—he was brought to the warehouse, and was charged with this offence in my presence—he said he had been robbed of it, but he did not know by whom—he was asked where his brothers were—he said they were in situations; one was in Lawrence-lane, or Ironmonger-lane; he did not know the house, but it was four or five doors from Cheapside; and the other was in bedford-place, or bedford-street—he made no further statement till I saw him at the Mansion-house—I believe I first spoke to him—I said, "Well, William, I should think by this time you begin to be ashamed of your conduct"—he began to cry; and a conversation ensued, in which he said that the statement he had made about the loss of the money was false, and he had committed the robbery at the instigation of his brothers; that they had from time to time required him to supply them with goods from the warehouse, to procure money—he said he had given over to the parties who had instigated him the pocket-book containing his collection, and, amongst others, the check for 51l. 19.—I had seen one of the other prisoners before near my master's premises.
GEORGE RUSSELL (City police-constable, No. 34.) On the 13th of July, in consequence of information, I went to trace out the prisoners John Slater and Thomas Slater—I went to the house of Mr. Faulkner, No. 108, Old Street-road—I there found Hannah Flannagan—I produce this book, which I found at the lodgings—I was present at the Mansion-house when the parties were examined—and before they were examined I took out this pocket-book, and John Slater said, in the presence of Thomas Slater, "That is my book"—I had before told them the sum they were alleged to have received—in the course of conversation John Slater said, in the presence of Thomas, that they had thrown the check and pocket-book into the Lea, at Hughes's ferry—he described the spot to me, between two willows—Thomas Slater heard all that was said—he did not say anything—I went with Thomas Slater and another officer to find the spot—Thomas went exactly to the spot pointed out by John—he said it was there, in very deep water, close to the edge, and the pocket-book was wrapped up, and tied round with a stone—he said that was
where it was, and that was the exact place described by John—Thomas said the name of the firm was on the pocket-book—I did not Uneaten him, or say anything to induce him to make that statement (There were other indictments against the prisoners)
WILLIAM SLATER— GUILTY . Aged 15.
JOHN SLATER— GUILTY . Aged 18.
THOMAS SLATER— GUILTY . Aged 17.
Transported fir Seven Year.
JOHN HOLLAND . I am a farmer, and live at Uxbridge-road, Ealing. The prisoner was in my service—I sent him to town on the 28th of July with a wagon and two horses, and two loads of hay—he was to leave one load at Brentford, and to sell the other for 4l.—he did not come back till toe following morning—he did not pay me any money—if he received 2l. 1s. from one person, 21. from another, and 12. from another, he never paid me any of these sums—he sent word by my son that he had lost the money—I sent word foe j him to come to me—he came, and told me he had been robbed of it—I asked him under what circumstances—he said he took the money in Cumberland-market, and put it into the side-pocket of his coat, and tied it under the wagon, and some gentleman called him about a load of hay; that he returned in five minutes, and his coat and money were gone.?
JURY. Q. How came you by nineteen trusses? A. I took one customer nine trusses in the morning, and I wanted to make it up half a load.
BENJAMIN POWLEY (police-constable T 158.) I took the prisoner—found on him this padlock, which he said he had had three months, and it was proved that he purchased it that day—this is the coat that he stated he put the money in the pocket of—I found the coat concealed near a hay-stack, near his master's house.
Prisoner's Defence. It is not the same coat; my master sent me out in the morning; he asked me if I had any money; I said, no, and he gave me 3s.
GUILTY . Aged 27.— Confined Six Months.
HENRY FOSTER KIRKMAN . I am in the service of Mr. John Renshaw and another—the prisoner was in their employ—as he was going out of the house, on the 17th of July, I thought it necessary to search his bag—I found two reams of paper in it—he had no business with them—I asked How they came in his bag—he said he was going to take them over there—I said he could not, because they were not tied up.
Cross-examined by MR. BALDWIN. Q. He was going to take out two parcels? A. Yes—they were in the cutting-room—he had been about I eighteen months in my master's service.
JAMES PORTER . I am a packer in the prosecutor's employ. About six o'clock that evening I was in the cutting-room—I asked for a boy to take two parcels over London-bridge—the boy was otherwise engaged, and the prisoner offered to take them, provided I would furnish him with a bag—he came to me about half-past six, and asked if the parcels were ready—I told him they were not—he said he should like to have a bag with him, as it looked so much like a boy, to take parcels without a bag—at seven o'clock I took him an empty bag, and placed it by the side of the two parcels—I told him they were the two parcels—I presume this paper which is produced was not in that room, but in the room adjoining—the two parcels I sent out were directed properly—one to Robins, of Tooley-street, and the other to another person—this other paper which he had, was not even labelled, and was not tied up in brown paper.
Cross-examined. Q. What sized parcels were those other two? A. They did not weigh 161bs.—it is unusual for young men going out to have a bag unless they press it very much.
GUILTY Aged 19.—Recommended to mercy by the Jury.— Confined Two Months.
OLD COURT.—Wednesday, August 19th, 1846.
Third Jury, before Mr. Common Serjeant.
1521. FREDERICK WIESE was indicted for stealing 2 oz. weight of silver, value 10s., the goods of our Lady the Queen.—Other COUNTS, stating it to be the property of different persons—to which he pleaded GUILTY . Aged 50.— Transported for Ten Years.
MESSRS. DOANE and BALDWIN conducted the Prosecution.
THOMAS YATES . I keep the Hope and Anchor, New-street, Shadwell. On the 16th of July, between two and three o'clock in the afternoon, the prisoner came and called for a pint of porter, and offered me a shilling, which I put into the till, and gave him Ad. in copper, and a sixpence—in consequence of what happened with somebody else, I looked into the till—there was no other shilling there—I had not been away from the till—I took it out not half a second after he had given it to me—I am certain it was the same—I looked at it, and saw it was a bad one—the prisoner was standing outside the door—I went round, and gave him into custody, and gave the constable the shilling.
Cross-examined by MR. PAYNE. Q. Did not your wife go and get change for a shilling? A. Yes—she is not here—I did not give her the shilling the prisoner gave me—she had her own shilling in her pocket, I suppose—I didnot give the prisoner in charge till ray wife came back—that was in about two or three minutes—nobody was serving but me—I am certain I put the shilling lie gave me into the till.
the prisoner came to my bouse for 3d. worth of gin—I served him—lie paid me a bad shilling—I saw it was bad, I bent it, and returned it to him—he them paid me in copper—Yates came in at the time, and Seaman, the policeman, took the shilling—this is it—(produced)—I know it by the mark—I bent it with a pair of pliers—I gave it back to the prisoner.
Cross-examined. Q. When you saw it again, the colour was different, was it not? A. It was, and there were scratches on it, which were not on it when I had it, and it was more bent than it is now; but here is the mark where I bent it with the pliers,
WILLIAM BEARD . I am a drayman to Mr. Calvert. I was at the Three Cups, and saw the prisoner standing in the bar—I walked by him—Mr. Yates came in—the policeman came in, and he gave the prisoner in charge for passing bad money—the prisoner wrung his hands, and said so help hit God he had no bad money about him—Pickering searched him in my presence—I stood close to his elbow, and as I was going home, I found a bad shilling in my right-hand jacket pocket—it was not in my pocket when I left home in the morning—it was a white drayman's jacket—I had only 1d. about me, and that I had spent—the shilling was not out of my sight till it was given to Seaman, the constable.
Cross-examined. Q. you went into the White Bear? A. Yes—I did not give that shilling to the landlord—I pulled it out—my mate took it in his hand, and showed it to the landlord, but it was never out of my sight—my mate is not here—nor is the landlord—the landlord gave it to Seaman in my presence, and I marked it.
FREDERICK PICKERING (police-constable K 87.) On the 16th of July I was at the Three Cups—I was calledv and saw Yates and the prisoner there—Yates gave him in charge for passing a bad shilling—Mrs. Jolly said he had tried one on her, and she had bent it and gave it him back—I searched him, and found 8. 9d. on him, half-a-crown, a sixpence, and the rest in shillings, all good—I produce the shilling Yates gave me—I saw Beard standing by the side of the prisoner while I was searching him.
GUILTY **— Transported for Seven Years.
(The prisoner had been eighteen times in custody.)
MESSRS. DOANE and BALDWIN conducted the Prosecution.
SARAH TAYLOR . I am the wife of Edward Taylor, a publican, of Great Peter-street, Westminster. On the 6th of July the prisoner came to the house for 1d. worth of gin, and gave me a shilling, which I handed to my husband.
Mrs. Taylor a bad shilling—she immediately handed it to me—I bent it, put it in my pocket, and called in a policeman, who took him.
SAMUEL ROBERTS . I am servant to Mr. Jefferies, a butcher, of King-street, Golden-square. On the the night of the 16th of July the prisoner came to the shop for 1lb. weight of steaks, and gave me half-a-crown—I saw it was bad, and showed it to my master—I afterwards gate it to Hubbard, the policeman.
GUILTY Aged 21.— Transported for Seven Years.
MR. CLARKE conducted the Prosecution.
CATHERINE JONES . I am housekeeper to the Duke of Portland, who resides in Cavendish-square. The prisoner came to me in the beginning of June, at the Duke's house—I had before that received an order from another person to pay her some money—I questioned the prisoner as to the cause of her husband being so long without being buried, as the weather was very hot, and the parish would bury him if she did not—she said her circumstances would not allow her—I had three sovereigns from the Duke to give her, as matter of charity—I had been in the habit of relieving her in the name of Palk for some years—she applied to me for the money—I had received information about her husband not being buried, and said I could not give her the money till she brought me the certificate of the register of her husband's death—she came again a few days afterwards, and produced this document to me—after receiving that I went to No. 79, Golden-lane, and ascertained there had been no person of that name living there—I afterwards gave information to Mr. Archer.
Cross-examined by MR. DOANE. Q. You had known her some years? A. Yes, by the name of Mrs. Palk.
JOHN ARCHER . I am registrar of births and deaths in the Whitecross-street district of St. Luke's. On the 11th of June the prisoner came to my house—that was the first time I had seen her—she said she came to register the death of her husband—I asked if she had a certificate from the doctor—she said she had, and produced one which had not the cause of death written on it—I told her I must have a certificate of the cause of death before I could register it—on the following day she brought me one signed "J. Pocock, "with the word "apoplexy"written on it—this is it (produced)—I took the information from her where he died, and where he was interred—she made a statement, from which I wrote down the registry, except the word "apoplexy, "which I took from the paper—she signed the entry—I have it here—(read, "No. 170; died, 29th of May, 1846, at No. 79, Golden-lane, John Palk, male, 53 years, warehouseman, apoplexy, certified, signed Jane Palk, present at the death")—she signed this herself, and I gave her the certificate now produced—I asked why she let it stand so long after the death, why she kept him so long before she buried him, the weather being warm—she said her circumstances would not allow her to bury him before—I
went to No. 79, Golden-lane afterwards—I could not find her there, or in the neighbourhood.
Cross-examined. Q. you are the registrar of one district? A. Yes—St. Luke's is divided into four districts—mine is Whitecross-street, which is in the parish—I am sure she called the deceased her husband—I never saw her before—this is the registry which I send to the Registrar-general's office.
SARAH ARCHER . I saw the prisoner at my husband's house one day, and had a conversation with her about her husband's death—she said he went to the Aldersgate-street dispensary—I said, "What doctor was he under?"—she said, 'Dr. Pocock."
WILLIAM ESSEX . I am clerk at the Aldersgate-street dispensary—there is no Dr. Pocock there, nor any medical gentleman of that name—I had been there nearly fourteen years—John Palk was not attended by any doctor there—I have examined the books, which are not here.
Cross-examined. Q. you do not know half the patients there, do you? A. No, nor the quarter.
THOMAS GREEN . I live at 78, Golden-lane—I have lived there seven years—the next house to mine is No. 80—I do not know of any 79—mine is a double house—I was born in the street, and have never known any No. 79 there—I do not know anybody of the name of John Palk—nobody died in my house of that name—I know of no such person having died in the street-1 did not know the prisoner before this transaction.
Cross-examined. Q. Is there not another Golden-lane in London? A. I will not swear there are not two—I do not know any 79, Golden-lane, in London—I speak of Golden-lane, leading out of Barbican into Old-street—there is not a Golden-lane leading into Golden-square that I am aware of.
MR. CLARKE. Q. Do you know Whether Mrs. Jones came to your house? A. I cannot be certain of it—there is no other Golden-lane, St. Luke's.
MRS. JONES re-examined. I went to three houses in Golden-lane, No. 78 in particular—the next is a double house, and I was told had been 79.
MARY LEDGAR . I am wife of Nathan Ledgar, of 39, Ironmonger-row, St. Luke's—the prisoner and her children lived with me—she has a husband living—it is nearly two years since he lived at my house—I saw him last yesterday—his name is Henry Medland.
JAMES BRANKAN (policeman.) On the 23rd of Jane I apprehended the prisoner at 39, Ironmonger-row—I told her the charge—she said, "Pray, don't take me away from my family; I was persuaded to doit"—I called her by the name of Mrs. Medland.
JOSEPH BRYANT (policeman.) On the 26th of June I was at Clerkenwel police-court—the prisoner said to me, "There is a man in the passage, let me speak to him, he is my husband"—the man said in her presence that his name was Medland—they did not speak to each other.
GUILTY .— Confined One Year.
1525. JOHN HESSIN was indicted for stealing 1 coat, value 21. 10s.; 1 waistcoat, 10s.; 1 pair of trowsers, 1l.; 2 handkerchiefs, 3s.; and 2s.; the goods of John Loades: and 2 knives, 1s. 6d.; 1 coat, 21.; 1 pair of trowsers, 105.; 2 waistcoats, 1l.; 3 pairs of stockings, 3s.; 2 handkerchiefs, 4s.; 1 scarf, 1s.; 1 purse, 6d.; and 1 sovereign, the property of Thomas Peters, in the dwelling-house of Rebecca Gale; to which he pleaded
GUILTY .— Confined Four Months.
1526. BENJAMIN ALEXANDER FORD was indicted for feloniously uttering a certain forged order for payment of 71. 15s., with intent to defraud William Home and others:— also uttering a forged order for payment of 5l. 15s., to defraud Henry Weston :— also a forged order for payment of 7l. 15s., to defraud James Sowerby :—also a forged order for payment of 7l. 15s., to defraud Josiah Messer and others:— also a forged order for payment 5l. 15s., to defraud Francis Robinson :— also a forged order for payment of 10l., to defraud John Vickers:— also a forged order for payment of 10l., to defraud John Evans ; to all of which he pleaded
GUILTY .— Transported for Seven Years.
MARY ANN EDWARDS . I am the wife of the prisoner; we live in Clarence-road, Haggerstone—on Wednesday afternoon, about two o'clock, the prisoner came home to dinner—I had heard from Mrs. Gray that he had been with some women, and began to abuse him—he denied it, but I persisted in doing so—he begged me to leave the room, but I would not—he said he would leave it himself—he was eating his dinner at the time, and had a knife in his hand—I was still abusing him—he struck the knife violently upon the table out of his hand, and it struck me in the ear—he did not throw it at me, it was an accident—it cut my ear, and I cut my hand in pulling it out—he never did anything of the sort before—we never had words till these people came to the bouse.
ANN GRAY . I was present when the prisoner came in on the 8th of July—he and his wife quarrelled about money, I believe, and about maintaining her children—she had been out the whole day, and came home to suckle her baby—he sat down to dinner—they began to quarrel, and in his passion he threw the knife at her—it stuck in her ear—she got up and said, "For God's sake, Mrs. Gray, take care of my child, I am a dead woman"—I am sure he threw the knife at her—it did not go upon the table—it went out of his hand into her ear—she cut both her fingers in trying to get it out—he got up directly and took it out of her ear himself—this is the knife—(produced.)
Cross-examined by MR. HORRY. Q. Are you the person who gave information to the police? A. No—the prisoner was not taken till next day—I did not go and talk about it—the nurse-maid called the police, but she could not find one—she came in again, and called out "Murder "in the yard—I am not the person who told Mrs. Edwards the story about her husband—she had not been in the house five minutes before this took place—I had not quarrelled with the prisoner—I lodged in the house—he has put a distress in since he has been in prison, without asking whether the rent was paid or not—he never asked me for rent—I have paid all the rent.
EDMUND EVANCE HOOPER . I am a surgeon, at No. 82, Brunswick-street, Hackney-road. On the 8th of July the prosecutrix waa brought to my house by her husband and another man, bleeding profusely from a wound in the lower lobe of the left ear, penetrating to the bone—she was very faint, and remained so some time; and after resting in my house several hours, she was taken home—she was not in any great danger—she had no bad symptoms—she was well in about a fortnight.
Cross-examined. Q. I believe when the prisoner came he said he had thrown the knife upon the table, and it had rebounded? A. Yes.
NOT GUILTY .
1528. JOHN KEMP and GEORGE CHERRY were indicted for burglariously breaking and entering the dwelling-house of Thomas Layland, about the hour of three o'clock in the night of the 9th of July, and stealing therein 1 watch, value 20l., and 12 spoons, 3l., his property.
MR. NAYLOR conducted the Prosecution.
FANNY BROWN . I am in the service of Mr. Layland, of No. 108, Shoreditch. On Thursday night, the 9th of July, I went to bed about ten o'clock—I examined the house—it was all safe and fastened—I had a gold watch, which I took up to my own bed-room when I went to bed—there were two salt-spoons in the sideboard drawer—when I awoke at three o'clock in the morning the watch was then safe—I had it in my hand, and looked at the time, and put it back upon the bedstead—I went to sleep again—I awoke again about seven o'clock and missed the watch—I went down stairs, and the staircase window was open—it was shut when I went to bed—it looks on to the leads at the back of the house—I found the kitchen door open, which was that and locked the night before—I missed the spoons and the tops of the pepper-castors from a sideboard in the parlour—they were safe the night before—a person getting on to the leads could get through the staircase window into the house—a reward of 5l. was offered, and a bill placed in the window—the watch was worth 20l.
Cross-examined by MR. PAYNE. Q. Where was your master? A. In bed—I took the watch the night before, with his consent, to see the time to get up—only my master and myself lived in the house—he slept in the next room to me—my window was not opened—my door was shut when I awoke.
GEORGE KINO (police-sergeant.) On the 10th of July I received a pair of shoes from Mr. Layland which had been found in Bennett's house—we traced footmarks from Bennett's house to Mr. Layland's, and on Mr. Lay land's stairs.
OSWALD LAWRENCE . I follow the carpentering trade, in New-street, Bishopsgate. On Friday morning, the 10th of July, at eight o'clock, I was passing through Petticoat-lane, and saw the two prisoners together, going towards Bishopsgate-street—I was close behind them—I looked over their ihoulders, and saw what appeared to be a gold watch, in Cherry's hand—they were both looking at it—I said, "What have you got there?"—Cherry made no reply, but put the watch into his pocket—next day I passed Mr. Layland's shop, and saw a bill in the window stating the loss of the watch—I went in, and gave information—I afterwards went and saw Cherry, in Wheeler-street, and asked him what he had done with the gold watch which he had the day before—he said, after a little hesitation, that he had sold it for 3l.—I asked what he had done with the silver spoons (which I had seen named in the bill)—he said, "Did Kemp say anything to you about them?"—I said, "Not particularly"—he said he had sold two or three salt-spoons for a few shillings—I went to Mr. Layland and told him what I had heard.
Cross-examined. Q. Have you ever been in custody? A. Yes, twice—the last time was on suspicion of several houses being broken into in Shore-ditch—I was in work at the time—I was in custody a fortnight, and was discharged—the other time was three years ago, for making a disturbance—I never spoke to either of the prisoners before—I had seen them before—I have never been in custody for anything about the Eastern Counties' Railway. I am quite certain—I work for my brother, who is foreman to Messrs. Cubitts.
COURT. Q. How came you to talk in so familiar a way with the prisoners? A. I had lost my situation through being taken up for robberies, and was determined, if possible, to find out the parties who had committed them, to redeem my lost character—that was after I had seen the bill offering a reward.
JOHN MORTON . I work at a corn-dealers, in Skinner-street, Somers-town. Some months ago I was charged with robbing some houses—the charge was dismissed—on Friday, the 10th of July, Lawrence told roe something—I saw him again next morning—I was going by Mr. Layland's shop then, and read the bill in the window—Lawrence went to the station-house and gave information—we went to Wheeler-street, and saw Cherry—Lawrence asked him what he had done with the watch he saw him with the day before—he said he had sold it for 31.—he asked him "what about the silver spoons"—he said he had sold two or three salt-spoons for a few shillings—I did not know where he lived, but Lawrence bad seen him about there.
Cross-examined. Q. They took you and Lawrence up together about these houses in Shoreditch? A Yes, and kept us a fortnight—I lived in Worship-street till I got my situation in Skinner-street—I had never seeo the prisoners before—I did not speak to them—I stood by while Lawrence asked the questions—I have known Lawrence three or four years—I do not know that the prisoners are acquaintances of his—I was remanded two or three times.
JOHN CULMIR (police-constable H 178.) On the 9th of July, between eleven and twelve o'clock at night, I was on duty in Shoreditch, and saw the two prisoners together near Mr. Layland's shop—I saw them again opposite the shop a little before one, and about a quarter to three I saw them both together close against the church railing, about 120 yards from the shop.
Cross-examined. Q. Did you speak to them? A. I did not—they passed the shop.
HENRY CHARLES BARKER (police-sergeant.) In July last I was at the station—Lawrence came there and made a statement, which was taken down in writing—in consequence of that I apprehended Kemp—Cherry was standing by him—as I took Kemp to the station, he asked what I was taking him for—I had said nothing to induce him to say anything—I said, "Breaking and entering the house of Mr. Lay land, on Thursday night last, and stealing a watch, which Lawrence says he saw in your possession yesterday morning"—he said, "Then go and take George Cherry, for he is in it as well as me; if you go to No, 2, Vine-court, you will find him there"—I went to No. 2, Vine-court, and saw Kemp's mother—I searched for Cherry fifteen days—I found him on board the Ocean, at Sheerness—I told him what I came forte said he knew nobody of the name of Kemp, nor was he ever in Wheeler-street in his life—I found a new pair of shoes on Kemp.
Cross-examined. Q. Cherry had entered on board that ship 1 A. Yes, on the 14th—I took him on the 27th.
Kemp's Defence. The policeman asked me if I knew anything about the robbery; I said, "No;"he said, "you saw the watch with Cherry;"I said, "If you want to know about the watch, go to Cherry, he knows more about it than I do, "
NOT GUILTY .
of July I was talking to the prisoner's master—the prisoner was at his stand, opposite the shop—he was chopping a crab, with a knife in his hand—I told him he had taken as false oath before the Magistrate, and he immediately cat me across the arm—I walked down a little way, and saw the blood trickle down my arm—I then went back, struck him in the face, and said, "Take that, I don't want any law of you"—he immediately struck at me with the knife—he did not cut me then.
Cross-examined by MR. CLARKSON. Q. What was it you had said? A. I told him he had taken a false oath—he had summoned three of us—I was passing him, and said so—I never tormented him—we have often joked together—I had had a glass or two of ale at this time—I was not drunk—I was unnerved when he ran at me with the knife—I will not swear I was right down sober—I did not call the prisoner a perjured old b----r—on my oath I: used no such language—I did not exchange three words with him—I did not call him a perjurer—I told him he had taken a false oath, in the way I speak to you—he had summoned three of us, three weeks previously—some of them had upset his lamp about eleven o'clock at night—I had nothing to do with it—the Magistrate discharged us—one person, (Charles Goodman,) was fined—on my oath I was not in company with Goodman—I was only passing by at the time—he was close by, shutting up the shutters—the lamp was knocked out, and everything upset—Goodman was fined 55. 6d. I believe—the other man was not fined—the prisoner swore before the Magistrate that I was one of the parties—the prisoner only cut me once—here is the scar—(showing hie army—he made an attempt to cut me the second time—my arm was bare—I had no coat on—the prisoner did not bleed when I struck him, that I am aware of—I cannot swear to that—when he struck me again the knife was in his hand—we have hacf scuffles before now—I had not been in the habit of vexing and tormenting him, no more than he has me—we have bad a few words in business, but nothing out of the way.
THOMAS MILLS . I am a tailor, and live in Jermyn-street. On the 8th of July I was passing through the market, and saw two men quarrelling—they had many words, and the prisoner made a hit at the prosecutor with the knife, and cut him in the arm—he walked away, and seeing the blood ran, came back and struck the prisoner in the mouth—his mouth bled, and in the. irritation of the moment he caught up the knife, and struck at him again, bat somebody interfered, and no harm was done.
Cross-examined. Q. Did you hear any very abusive language from Mr. Bailey? A. Yes—I cannot swear I heard him call the prisoner a perjured old b----r—I heard some very bad language—it was not in the calm manner that he represents, that he said, you have taken a false oath"—the prisoner is a tee-totaller, which causes him to be annoyed in the market—he took out a warrant, and the prosecutor considered himself injured—the prosecutor was the worse for liquor.
MR. CLARRSON called
----GILSON. I am in partnership with Henry Brown—we are fishmongers, in Hungerford-market. The prisoner was in our employ three years, and is a very inoffensive, quiet man, attentive to his business early and late—I had no fault to find with him—he was never disposed to offend anybody—I have known him in the market nine years—I know the prosecutor—? lie came to insult me at first about false swearing—I had not taken an oath at all, but I would not notice him, and he went from me to the prisoner, who was opposite my shop, dressing a crab—the prosecutorwas very much in liquor—I had desired my man to take a warrant out against three of them, for insulting him
and destroying my goods—it seems the summonses ought to have been separate ones, but the three were included together, and the Magistrate could only fine one of them—I did not notice what he said to the prisoner—he had his sleeve tucked up, and the prisoner struck his arm—it was a mere scratch—it was not a serious wound—he went away, and in about five minutes came back and struck the prisoner a violent blow on his mouth—the prisoner staggered, and then ran after him with the knife, but I stopped him from doing anything.
NOT GUILTY .
JOSEPH HARE . I live at Bridgewater-gardens. On the morning of the 15th of July I came out of the Coach and Horses with two friends—the prisoner and another man were outside—we stood there talking for several minutes—the prisoner and the other began insulting us, by making a noise with their mouths, and turning to ridicule everything we had said—I turned round, and asked if their insults were meant for us—they said, "Just what you like"—I said, "What do you mean?"—they said, "Just what you please"—I remonstrated with them, and said I was old enough to be their father—they said, "Here we are, two young ones"—I said, "Is it fighting you mean?"—I put myself in an attitude of defence, and in about two minutes afterwards I received a wound in my hand from the prisoner, from a sharp instrument—it bled dreadfully—I caught hold of him—a policeman came up, and I gave him in charge—I have a doctor's certificate from Gray's Inn-lane Hospital—my fingers were both dreadfully cut
Cross-examined by MR. DOANE. Q. You had been drinking with your friend at the public-house? A. Yes—I had several friends there—I am secretary to a society, which did not break up till after eleven o'clock—I was going direct home—I had only to cross the street—it was one o'clock in the morning—I suggested to fight both of them, because they were boys, and I did not like to be cowardly, and strike one—I did not suggest fighting—. they were standing against the wall—they were not eating anything—I am sure the prisoner was not eating bread and cheese—I took particular notice, for I never challenge anybody without examining them first—he had nothing in his hand at the time I stood out to fight them—I merely stood on the defensive—I put up my fist, sparring—I did not double my fist—the cut is inside the hand—I do not think he was within my reach—I did not flinch—I stood my ground—the other one tried to hit me—I might put my hand out—my attention was towards the biggest man—I would have fought with the pair of them. i
WILLIAM THOMAS BLUNT . I heard the prosecutor ask the prisoner what they made the noise about—they said, "Nothing particular"—they were making noises after some females—the prosecutor said, two young men like them ought to know better than to interrupt people in the street, especially females—the prisoner said, "I was not aware you had any female in your company"—Hare said, "Is that intended for us?"—the prisoner said, "Just as you please, if it suits you take it to yourselves"—he then asked him several questions, and then asked if he meant fighting—they said, "Just as you please"—Haie said, "I will take no advantage of you, as I am old enough to be the father of either of you"—I said, "you had better come about your business,
and have nothing to do with them; they are young men, they will be olderby-and-by, and will know better"—the prisoner said, "Though you may thinks very young, perhaps we are older than you are in one way"—I said, "lawhat way?"—he said, "We know too much for you"—Hare said, "Well, ifit is fighting you mean, I will fight the pair of you"—he put himself in an attitude to fight, one removed to the left, and the prisoner said, "I will knifeyou"—I saw at that moment his hand cross his breast, as if to take a knife from his waistcoat pocket, and as be lifted up his hand, he seemed to be opening a knife—the prosecutor directly said, "My hand is cut."
Cross-examined. Q. The prisoner's companion called the policeman? A. Yes, the prosecutor seemed determined to fight, but there was no blow struck—he put his fist up, waiting for them coming in—he put himself in a fighting attitude—it was after that that the prisoner called out, "I will knife you."
GUILTY . Aged 20.—Strongly recommended to mercy.— Confined Six Months
1531. CRAWFORD LEE BARTLETT was indicted for stealing 116 prints, value 16l. 14.; the goods of George Ackerman and others, his masters:—also, 24 prints, value 29l.; the goods of George Ackerman and another, his masters; to which he pleaded
GUILTY . Aged 32.—Recommended to mercy— Confined Three Month.
(There were three other indictments against the prisoner.)
GUILTY . Aged 54.— Confined Three Months.
GUILTY . Aged 22.— Confined Four Months.
NEW COURT.—Wednesday, August 19th, 1846.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 20.— Confined Four Months.
GUILTY . Aged 19.— Confined Six Months.
PRISCILLA BENJAMIN . I am the daughter of Michael Benjamin, of Bevia Marks—the prisoner came into his service about the 4th of Nov.—I missed a table-cloth on the 4th of Aug., and my father desired me to go into the prisoner's room—the prisoner was then out—her box was open—I found in it three duplicates, which are here—when the prisoner returned at night, we told her we had found some duplicates in her box of a table-cloth and some other
things which belonged to us—she said she had not taken them, they were not our property—we sent for a policeman—there was no promise made to her—she was not told she had better confess—she afterwards said she had taken the things, but intended to replace them.
WILLIAM ENGLAND BARRY . I am assistant to Mr. Barker, a pawnbroker in Houndsditch—I have a table-cloth, a sheet, and three shifts, which I took in of the prisoner, to the best of my belief—this is the duplicate I gave.
HENRY FINNIS (City police-constable, No. 633.) I took the prisoner—I found on her three duplicates, the two which the witnesses have seen and one of her own property—I received three other duplicates, which were said in her presence to have been found in her box—she denied that it was their property, and said it was her sister's—she then said she had taken the things and pawned them.
Prisoner. They told me if I would confess, they would forgive me.
Witness. Yes, Mr. Benjamin did say so, before she confessed.
GUILTY . Aged 20.— Confined Four Months.
1537. ELIZABETH CULVER was indicted for stealing 1 gown, value 9s.; 2 bedgowns, 55. 6d.; 1 flannel shirt, 2s.; 1 sheet, 1s. 6d.; 1 cape, 1s.; 1 iron, 1s.; 1 shawl, 55.; 1 coat, 11.; and 1 pair of trowsers, 1l.; the goods of John Walter, her master.
MARIA WALTER . I am the wife of John Walter, of Cockerill-buildings, Bartholomew-close—the prisoner was in my service for five months—I went out of town on the 10th of July—I left the prisoner in my house—I came back on the 19th of July, and in about half an hour I missed a black cape—I asked the prisoner about it—she said she did not know it—in about two hours I wanted my dress to put on—I missed it, and asked her about it—she then said she hoped I would forgive her—I said, "What have you done to want forgiving?"—she said she had made away with what I missed—I said, "What have you done with the duplicates?"—she said they were at home—I looked in a box under the bed, and missed my husband's clothes—she said she had made away with all I missed, and I should have them again.
DAVID HAWKINS . I am assistant to Mr. Walters, a pawnbroker in Alders-gate-street. I have a gown pawned by the prisoner on the 14th of July, a sheet on the 25th of July, a cape on the same day, and a coat on the 28th of July.
MARIA WALTERS re-examined. This is my husband's coat—this sheet is mine—this is my sister's cape—I had borrowed it of her—I asked the prisoner why she took them, if she wanted a shilling why not ask for it—she said she did not know.
GUILTY . Aged 52.— Confined Six Months.
WILLIAM MOORE . I am clerk to a coal-merchant at Phœnix-wharf, Southwark. On the 26th of July I was on board a steam-boat, at Old Shades-pier—I felt something touch my pocket—I turned and saw the prisoner make away to another part of the boat—I stopped him, and felt my pocket—I missed my handkerchief—I asked him to give it me, as I felt sure he had it, from the manner he was making away—he denied having it—I noticed him closing his arm to his side—I removed his arm—his trowsers pocket fell down, and I found my handkerchief in his pocket.
(The prisoner received a good character, and a witness engaged to employ him.)
GUILTY . Aged 15.— Confined Fourteen Days.
HENRY HAYNE . I am in the service of Mr. George Hayne, a mahogany merchant in Long-lane. On the 15th of May I sold some beech and maple, and other wood, to Mr. Hart—the prisoner was in my master's employ—it was his business to take things out and to receive payments—I gave him these goods and a bill of them—they were to be paid for on delivery—on his coming back he told me Mr. Hart did not pay for the goods, I was to call there the first time I was passing—I saw Mr. Hart afterwards, and in consequence of what he said I gave the prisoner into custody.
Cross-examined by MR. DOANE. Q. How long was he in your service? A. About eight months—he was in the habit of receiving money, and was instructed to do it.
JEREMIAH MAYHURT (City police-constable, No 265.) I took the prisoner to the station—Mr. Hayne came and made the charge—the prisoner said he did not receive the money, and if his master went to Mr. Hart he would find it all right—he stated before the Alderman that he had received the money and paid it over to the foreman, and the reason why he said he had not received it was because he was confused.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Jury.— Confined Six Months.
1540. WILLIAM JAMES HEATHER was indicted for stealing 38 smelling-bottles, value 2l. 1s.; 50 glass stoppers, 2s.; 48 wine-glasses, 1l. 2s.; 9 other glasses, 4.; 2 sugarbasins, 3s.; 2 sets of glass castors, 8.; 48 tumblers, 30s.; 3 salt-cellars, 6s.; 1 cream-jug, 1.; 1 mustard-glass, 10d.; 4 decanters, 13s.; 4 dishes, 3.; 3 flower-glasses, 1s.; and 1 candle ornament, 10d.; the goods of William Haydon Richardson and others, his masters; to which he pleaded
GUILTY . Aged 28.— Confined Twelve Months.
GUILTY . Aged 27.— Confined Six Months.
saw the prisoner with this piece of lead in a bundle—I followed him into Broker's-alley—I there stopped him, and asked what he had got—he said, "Dirty clothes"—I asked where he brought them from—he said, "From home, from the City"—I said he was coming the wrong way, he was coming towards the City—he then said he brought them from Chelsea, and a Shopmate gave them to him—in going to the station he begged me to let him go—I found in the bundle this lead and some dirty clothes—he then said he worked at Mrs. Watson's, and this was some lead out of a weight there.
DANIEL BENTON . I live in King-street, Soho; I am a rope-maker, in the employ of Mrs. Watson. On the 13th of July, between six and seven o'clock in the evening, I went into the shop and saw the prisoner at work—he said, "I shall want some bobbins, you had better go and get them"—I went down stairs, and while I was there I heard a hammering in the shop where the prisoner was, alone—he came down and had some bobbins, and went on with his work—he came down and said,"I shall leave off directly"—I went up in two or three minutes, and he was gone—Mrs. Watson's is a patent sash-line manufactory—the prisoner worked there—it was about half-past seven o'clock when I missed the prisoner—his usual time of leaving was about a quarter past seven—he left the street-door open—this wooden box was opened by the constable—it was found behind a press in the shop, and this lead, that had been in the box, was gone—the box had contained lead—I had used it on the week before—I had moved it at five o'clock on that day, and found by the weight of it that there was lead in it—I know this lead by the marks on it.
MARY WATSON . I am a widow; I live in King-street, Soho. I know this lead—my husband made this box and cast the lead—I saw the box made, and the lead cast and put into it—it was safe in the box at five o'clock on the 13th of July—I went to push the box with my foot, and I could not, it was so heavy—the boy moved it for me.
Cross-examined by MR. HORRY. Q. The prisoner has been with you for tome time? A. The last time about seventeen days—he has a wife and two children—his work was piece-work, but he did nothing—he was in the shop, that was all—I told him it would not suit me to keep him doing nothing.
(The prisoner received a good character.)
GUILTY . Aged 35.— Confined Four Months.
THOMAS GLADWELL . I am constable of the East and West India Docks, On Saturday evening, the 11th of July, I saw the prisoner going out of the Dock-gate, about half-past eight o'clock in the evening—I asked what he had got—he made no reply—I searched him, and found this six pounds and a half of brass in his pockets and in his hat—I asked him How he came by it—he said, "What is the use of asking me that question?"—he told me he was ship-keeper of the Glenelg—I fetched the ship's husband of the Glenelg, and the prisoner then acknowledged that he took it from the carpenter's store of the Carnatic, which is lying alongside of the Glenelg in the Dock—the prisoner had charge of both ships.
GEORGE YOUNG . I was carpenter of the Carnatic, which is in the East India Dock. I missed such articles as these out of my store-room—I delivered the prisoner the charge of the ship when I went to another ship—he had no business with these articles—Charles Hyne is the captain—the owners are Richard Green, and others.
GUILTY . Aged 48.— Confined Two Months.
GUILTY . Aged 19.—Recommended to mercy. Confined Three Months.
JAMES MARTIN . I am in partnership with James Miles—we are cheesemongers. The prisoner was our errand-boy—it was his business to receive money, which he was to give up when he returned home—on the 9th of July he had been sent with some goods to Mr. Joy—he was to receive 1l. And—when he came home I asked him for the amount of the bill—he said he had put the money in paper, and the sovereign had dropped through a hole in his pocket—he returned the 4 1/2 d.
NOT GUILTY .
OLD COURT.—Thursday, August 20th, 1846.
Fourth Jury, before Edward Bullock, Esq.
1546. JABEZ JAFFER was indicted for stealing, at St. Luke, in the dwelling-house of James Douglas, 1 brooch, value 5l.; 1 spoon, 5s.; 1 handkerchief, 2s.; 1 eye-glass, 2s. 6d.; and 1 tooth-file handle, 6d.; the goods of the said James Douglas, his master; to which he pleaded
GUILTY . Aged 13.— Confined Six Months ,
Before Mr. Baron Platt.
1547. HANNAH BARKER was indicted for feloniously administering a certain quantity of oxalic acid to George Barker, with intent to kill and murder him.—2nd COUNT, for attempting to administer the same.
MR. RYLAND conducted the Prosecution.
GEORGE BARKER . I am a shoemaker, and live in Holywell-lane, Shoreditch—the prisoner is my wife—we were married on the 9th of Oct.—she has two children. On Friday afternoon we were at tea—I poured my tea out myself into a mug—she was in the room—there was nothing in the mug before 1 put the tea in—I put sugar in, but no milk—my master's boy then came, which caused me to leave the table—I went about a yard from it to the door—I did not leave the room—when I went I could not see what was on the table—I left my mug on the table—I was at the door about three minutes—? I returned to the table, and observed that my wife had put all the milk into my tea—I had poured some tea into a tea-cup for my wife, and into a little tin pot for my child—there was some milk in a tea-cup when I left the table, and when I came back all the milk had been poured into my mug—I asked her what she had put all the milk into my tea for—she said, "Did not you. want it all in your tea?"—I told her I did not, I never had anything without she had part of it—I poured the tea into the saucer—the saucer was full—I drank almost all of it—I felt it burn me in the throat—it was a very strong acid—I asked her what she had put into my tea—she said, "Nothing"—I said if she did not tell me I would go to the doctor and ask him what she had put into it—I took the mug with the rest of the tea in it—I went to the door, then returned to the table, and asked her to let me feel in her pocket—she refused—I put the mug of tea on the tray—I proceeded to search her pocket, and after once or twice she let me feel in her pocket—I pulled out some white powder on my fingers—I showed her my hand with the powder on it, and asked her what it was—she said it was oxalic acid, as well as she could repeat the words—I
asked her to untie her pocket—she said she would not—I said if she did not I would cut it from her side, which I did—I examined it, and kept it till I handed it over to the police-constable, just as I took it from her side—I took the mug of tea to my father's, and left it there—I took the pocket to Mr. Vane, the doctor, before I gave it to the constable—Mr. Vane wanted to take it, but I did not let it go out of my hand—he put his hand into it, took some of the powder out, and told me what it was—while I was there my father came in with the mug of tea, and placed it on the counter—Vane gave me some medicine—I brought the pocket home again, and left the mug of tea on the counter—I returned home, and found my wife, and my father with her—I fetched a constable and gave her in charge—I then said I had been to the doctor—I asked her for what reason she bought the oxalic acid, if it was with a view of destroying me—she said, "Yes"—I said, "And yourself?"—she said, "Yes"—I said, "And your two children?"she said, "Yes,"to all these questions.
COURT. Q. Were you at that time in great distress? A. No—I had work—I have not been distressed for a day's work for eight months—we lived happily together up to within the last fortnight—I believe I am the father of the eldest child.
Cross-examined by MR. DOANE. Q. Have you struck her? A. Yes, hut never to hurt her—I was not in the habit of striking her—it is a good while since I struck her—I will swear I never kicked her—I did not kick her in a very tender part of her person not long before—I tore her cloak off her back, because she wanted to go to her mother's—her mother has been the instigation of it all—it was my cloak—I did not strike or kick her—I swear I never kicked her—I can swear she kicked me—the children began crying, but not because I treated her so—we were married in Oct.—she was not at her mother's some time after that—she lived with me in a furnished room till Christmas—I did not send her to the workhouse—she was obliged to go there through my being out of employment—it was better to go there than to have died—it is two years and seven months since she went there—it was before we were married—I do not know How long we lived together before we were married—I did not pawn her clothes after we were married—she pawned them herself, not to support herself—it was when I was out of work, and my own clothes were pawned—she pawned the children's clothes also, because I could not get work.
COURT. Q. You said you never wanted a day's work? A. No more I have for the last eight months.
MR. DOANE. Q. Did not she complain to her mother about your beating her with a strap? A. She may have done so—she can take a false oath as well as any one—I never threatened that I would do for her—I never used any threats at all, or any kind of violence—I have called her a b----w----I did not beat her on the last Thursday in July, till she went and pawned the kettle—I never beat her at all—there was not a blow struck—the baby's things were pawned on the Friday, because I had not been to the warehouse and had no work—I do not call that being in distress—all people are liable to that—I did not on that day kick her while she was lighting the fire—I did not kick or strike her at all.
THOMAS VANE . I am assistant to Mr. Bowen, a surgeon, in the Curtain-road. About four o'clock, on Friday afternoon, the 24th of July, the prisoner came to my shop and asked for a pennyworth of oxalic acid—I wrapped up half an ounce in white paper, and labelled it, "Oxalic acid—poison"—there was quite sufficient to destroy life—I gave it her, and she went away—in about half an hour her husband came—he brought a woman's pocket in his hand—I
put my hand into it, and found some small chrystals, which I examined, and found to be oxalic acid—after that Joseph Barker came, with a mug, three parts full of tea—I kept it as he brought it, till I and Mr. Bowen analyzed it—we detected the presence of oxalic acid—I am quite sure of that—I tasted it—I gave the prosecutor some chalk—he began to spit very much after it, and the saliva was rather frothy, which would be the result of having taken oxalic acid.
Cross-examined. Q. How much did you find in the pocket? A. About a quarter of an ounce—I weighed her half an ounce—there might have been more than half of it left—I did not see the tea-pot—I did not examine any other vessel with tea in it, but that brought to me—I cannot from that judge what quantity the prosecutor had taken, but it must have been a very small quailtity—about a quarter of an ounce would produce sickness if it remained in the stomach—he must have taken much less than that—if a person took two mugs of it it would produce sickness, and killed him, if it remained in the stomach—the small quantity he took would not have killed him—if he had taken the whole it would decidedly have destroyed him—I did not say anything to the prisoner when she bought it—it is used to clean brass and other things, by almost every housekeeper—it is commonly used for domestic purposes—I bad not known her before—I remarked her features particularly—I did not see her again till the next day at Worship-street—I recognized her immediately—I have no doubt of her—I cannot say whether that is the only oxalic acid I sold that day—I never noticed the prosecutor in my shop except when he brought the pocket—I did not recollect his features—I had sold a goodish quantity of oxalic acid that week to women and men, and children too—my shop has pretty much traffic—I might have sold the husband some oxalic acid without recollecting it.
JOSEPH BARKER . The prosecutor is my son—on Friday afternoon, 24th July, about half-past four o'clock, he brought a mug of tea to my place—I took it out of his hand and followed him with it to Mr. Vane's—I left it there on the counter to have it analyzed—I then went to my son's house, and found the prisoner there crying—I put my hand on her knee, and said, My dear, How could you think of doing such a cruel thing as this?"—(my son was gone for a policeman at the time)—she said, "I meant to destroy him, and should not have been long after him and myself and the two children"—I lire two doors from them—they were not in greater distress than they usually were—the work in our trade is not good—he always paid his way, and made no applica tion for any relief in any way—the policeman came while I was there, and she was taken away.
Cross-examined. Q. Was not she iri the habit of pawning her clothes and the children's? A. Yes, it is a usual thing among all poor people—she may have taken her baby's clothes to pawn, but I was very seldom there, and did not see much of his conduct towards her—they used to live pretty comfortably as far as I saw—I did not see her above once a fortnight or once a week—when she made the statement there was nobody but ourselves and the two children in the room—they are young.
JOHN SEAREY (police-constable H 129.) On Friday, the 24th of July, tlie prisoner was given into my charge by the prosecutor—he gave me a pocket, which I produce—I have had it ever since—the prosecutor asked her in my presence How she came to give him the poison—she said she intended to do it for the whole—she did not say what she meant by "the whole."
Cross-examined. Q. Was she in a state of great distress and excitement? A. She appeared very much hurt in her feelings.
HARRIET HAYWARD . I am female-searcher at Featherstone-street station-house—on Friday evening, the 24th of July, the prisoner was brought thereon my proceeding to search her she said, "God bless you, search me, I have nothing about me"—I found nothing on her—she then said, "I was brought here by my husband for attempting to poison him, but I did not give him sufficient to kill him, for he is here to prosecute me; I meant to give my children some, as they should not be cuffed at, but I am sorry now I did not take it myself'—she said, "It was through my husband's ill-usage and treatment that caused me to do it,"for that afternoon he had beat her a pood deal—she told me to examine her back and I should see the bruises—I examined her back, and saw bruises at the bottom of her back, and on a small part of the shin of her leg—she also had a black eye—she said her husband gave her the bruises the day before—she appeared so much distressed, I was obliged to support her with one arm while I pulled her clothes off with the other.
Cross-examined. Q. She appeared very much excited? A. Very much indeed.
GUILTY on the 2nd Count.—Recommended to mercy on account of the treatment of her husband .— Transported for Ten Years .
MR. WILDE conducted the Prosecution.
CHARLES HAWLEY . I live at No. 17, Joseph-street. About three weeks ago Thomas Alexander Bartlett was playing at a game called "Pussey-cat"—that is done with a bit of wood, and a stick, with two points to it, and you hit it as it is up in the air—I and his eldest brother were playing at peg-top—I saw the wood go up against the prisoner's hoop-sticks—the prisoner came out of his door, and hit Bartlett on the head with his open hand—the boy ran away, and the prisoner ran after him, and hit him with his double fist under his right jaw, and knocked the left side of his head up against the brick wall, and then left him—the boy tumbled down, got up again, and went in doors—I and his brother went in with him to his father's house—his brother had picked him up and we helped him home—he went to bed.
Cross-examined by MR. PRENDERGAST. Q. There were some piles of wood before the prisoner's door? A. Yes—they were not knocked down—they stood up of a heap—I did not see one of the boys playing with him take some of the bits of wood out—I do not know that Bartlett was hurt that day by a top rebounding—if it had happened, I should have seen it—the prisoner had not complained of the boys being very troublesome, nor of me among others, at any time—he has not complained of any other boys—he brought a constable once, because the boys were throwing stones at him—this was not on this day, it was a long time before—I saw them thrown—the boys who threw them were not standing by me—I was against my mother's door, looking on—there were a quantity of boys—I am quite certain I did not throw any.
Q. Has not your mother been charged with breaking his windows? A. It was rather muddy, and she went by; she got in the mud, and her elbow went through the window—the prisoner had my father bound over to keep the peace—I do not know that the policeman was there several days to keep the boys off his premises—there is often a policeman comes round—I did not see any stones thrown at the prisoner on this day—I did not hear anybody call out, "Come on, let us pitch at the b----"—I did not hear a boy Say, "Let us pitch at him"—a number of boys did throw stones at him—that
was before he ran out—a number of boys threw stones at him when he came out—I was not the principal among them, I was not near them—I was not the party who called out, "Let us pitch into him"—I will swear I did not say so—I do not know who said it—there were a number of boys—I heard a boy say so, but do not know his name—I cannot point him out—I did not know any of the boys—one boy hallooed, then came the stones, and the prisoner came out, and they ran away—it was not on the day this happened—the boy was playing at pussey-cat a good while after that—he was not by when the stones were thrown—he was in doors when the prisoner ran out—he did not catch any of the boys—they all ran off—they did not break any windows at that time—the stones went into his house—I do not know that his wood was very often falling about—there were generally a good many boys about his house.
MR. WILDE. Q. What time was it when the boys were throwing stones 1—I do not know—it was five o'clock in the afternoon when the prisoner hit the boy on the head—it was a day or two before that the boys were throwing stones.
COURT. Q. Do you mean that no stones were thrown that day t A, No—nothing was done to the wood that day—the pussey-cat slided down against the wood—he went to get it back—it was against the heap of sticks—it did not touch the wood at all—the pussey-cat had two points—it went against the prisoner's hoop-sticks, outside the house, just by the window—the prisoner bad not been out before on that afternoon—he had not been complaining that we were making a noise there.
ELIZA BROWN . I am the wife of a coal-whipper, and live at No. 15, Joseph-street. On the 26th of June 1 was in my house, and heard a scream of a little boy—I went to the door, and saw the prisoner running after the deceased, and when near the middle of the railway arch, he struck him twice under the right ear with his fist—I cannot positively say whether his head struck against the wall—the prisoner's fist was clenched—he struck him twice before he fell—the boy got up by himself, and walked by himself to his father's house—nobody assisted him—I saw him go in by himself—the prisoner went away as soon as he had struck him.
Cross-examined. Q. I believe he has complained of the annoyance of the boys? A. I cannot say—he never complained to me—he has complained of boys occasionally, and men and women as well—he appears to be a very quarrelsome man—he is constantly quarrelling with people about—he has not quarrelled with me—I did not take a young man out, and want him to fight with him—I did not go to his house, with a young man, to challenge him to light—I never knew any one challenge him to fight—I do not recollect going to his house with a man—I have been to his house—I never instructed any roan to fight him, or him to fight the person I brought—I never heard of such a thing—I cannot tell you the man's name—I cannot undertake to swear it never happened—it might have occurred, but I cannot call to mind any thing of the sort—I know that he has fetched a policeman several times to keep the boys from his premises—he was very ready to fetch a policeman—he did not fetch one that day that I know of—when the child went in doors I went in myself—I have three young children, who play about—the prisoner has complained of my children—they are mere babies—he has told me about the children going round his house, and playing before his door-be did not like it—he did not like any children—I never had any particular dispute with him—my husband has disputed with him several times, but not me.
JURY. Q. Did he pick the boy up when he had knocked him down?
A. No—the prisoner is not much liked in the neighbourhood—there were always broils there.
JABEZ BARTIETT . I am a ropemaker, and live at 15, Joseph-street. Thomas Alexander Bartiett, my son, was eight years old last Jan.—on the 20th of June, I came home, and saw him—he had a cold, but was not very ill—I went away about half-past four o'clock—I gave him some cooling medicine the next day, Sunday, the 21st—Mr. Clealand attended him a fortnight afterwards, and afterwards a person named Hawkins—he remained in the house from the 20th of June up to the time of his death—he was not kept to his room—he went about the house—he was treated as a person with a violent cold—on the 21st of June I went out, and saw a man named Brown, who told me something—the prisoner was in the street, but did not hear it—I saw the prisoner immediately after—I told him I understood he had misused one of my children last evening, and begged him not to do it again; if he had any complaint to make, to make it to me, and I would correct him—he said he should do no such thing; he had done it, and would do it again—Mr. Hawkins attended my son till his death, which was on the 11th of July.
Cross-examined. Q. you knew nothing of this till Mr. Brown told you? A. No, that was next morning—I never heard that my son was hurt by a top—I never recollect his having a fall—he was very ill—he might have been outside the door after that—I am not at home during the day—he used to lay about on the chairs and table—when I spoke to the prisoner, be assigned as a reason for what he had done, that the boys got among his hoop-sticks—he commenced abusing me, saying, the children were there for the purpose of stealing his goods—I could not understand his abuse, and went in doors—he complained of my boy being among his wood.
JAMES HAWKINS . I am a surgeon, and live at 36, Collet-place, Commercial-road. On Thursday, the 9th of July, I was called to attend Thomas Alexander Bartiett—I found him labouring under excessive fever—he was in a comatose state, insensible—he could not put out his tongue when asked—he died on Saturday morning—his symptoms were those of pressure on the brain—I made a post-mortem examination, with the assistance of Mr. Hayes—there were no external marks or bruises on the head—there were some marks which we could not say were bruises—on removing the scull-cap, there were two patches of effused blood; one, nearly the size of half-a-crown; it was extravasated blood, between the membranes and the brain; the second, was about the size of a sixpence; the vessels were generally congested, and we concluded that these effects could only be attributed to violence—their position did not enable me to judge where the violence might have been inflicted—any blow on the head might produce a rupture of the vessel—there had been time for any considerable signs of violence to have gone—we generally observe these symptoms to come on about a fortnight or three weeks after an injury—if a blow inflicted produced a bruise, that bruise would cause extravasation—there was time between the 20th, and the time I saw him, for the whole of the extravasation to be absorbed, and the bruise gone—we examined the stomach—the organs and the abdominal cavities were generally healthy—there was nothing at all in those regions to account for death—I attribute the death to the rupture of the vessel, and effusion of blood on the brain.
Cross-examined. Q. you will not undertake to say positively what caused the rupture of the vessel? A. No—it is quite possible it might have been from violence, but I will not positively undertake to say it was—it is possible it might have been from other causes, but it is most improbable at that age—in some respects it depends ou the state of the vessels—in a high fever there might be rupture of a vessel—I found a general state of congestion extending
over the whole of the membranes of the brain—I should attribute that to the fever—there was very considerable fever, which is always the case in an injury of the brain—the vessels are so minute that the size of the apperture of the rupture cannot be detected—it was on the pia mater—we could not detect it in other places—I cannot say from what particular orifice the blood came—the vessels are so transparent that it is very difficult—the turgidity of the vessels extended over the whole of the membranes—they showed general vascularity—it is not common with infants in a state of fever to rupture a vessel of the brain—from fifty to seventy is a more likely age—I never knew it arise from fever in a child eight years old—it is possible—the two patches were both on the left side of the head, about the temple—a; violent blow under the ear, or any part of the head, might produce this injury:—a violent blow would rupture a vessel on the opposite side—falling with his, head against a wall might produce it—the only doubt I had was whether he might have fallen on the head—he could have got up and walked home after; such injuries—inflammation of the brain frequently does not come on for two or three weeks—my attention was called to it by sleepiness and fever.
ALLEN CLBALAND . I am a surgeon, and live at Cock-hill, Rateliffe. I attended the deceased on the 8th of July—he was labouring under a disease? of the brain, accompanied with severe fever—I thought from the appearance the disease might result from a blow—he was insensible, and had irritation of the brain, and a very high state of fever.
Cross-examined. Q. you considered it a hopeless case? A. I did not think there was much chance of recovery—I applied leeches—there was a good deal of throbbing in the head—I could not tell whether a rupture of the head had taken place then—he might become comatose from the inflammation of the brain, with or without a rupture—I examined the head, but there were no external marks of violence—eighteen days was quite sufficient time for them to disappear—I should not expect to find it after that time.
JURY. Q. Could congestion of the brain take place without a blow? A. It might, but that is very rare—fever might produce it.
JAMES HAWKINS re-examined. I have been twenty years in practice—the appearances on the brain might be produced without great violence—a box on the ear would not do it—it would require a blow or a fall—I should undoubtedly expect to find a bruise, or some external appearance of injury at the time such a blow was given—if it was caused by striking his head against a wall I should expect an external mark—if he had a cap on it might prevent an external bruise appearing.
NOT GUILTY .
MR. PATNE conducted the Prosecution.
WILLIAM GARLIC . I live at Star-lane, Fulham, and am a rag-sorter. I was in the tap-room of the Crown public-house, with James Bennett, one Tuesday night—a little after eleven o'clock the landlord shut the house up, and Bennett came out with me—he was very much intoxicated—directly we came out, the prisoner and another man came up—the prisoner asked for a drink from a pot of beer a which I had brought out in my hand—I let him drink, and then went inside to light my pipe—when I came out again, Bennett was standing in a fighting position,
challenging the prisoner, who was holding his hand to his mouth as if he had been struck—he said to me, "Did you not ask me to drink out of that pot of beer?"—I said, "Yes"—he said Bennett had struck him in the mouth because he had drank out of the pot—Bennett said something about striking him again if he offered to touch the beer—I said nothing then—they began quarrelling, and the prisoner struck Bennett with his fist—I think it was on the side of the head—before that Bennett had threatened to strike him several times, and swore at him, but did not square at him—after the prisoner struck him they both stood up in a fighting position—Bennett aimed a blow at the prisoner, and fell, either at the first or second round—I was quite sober—the prisoner did not strike Bennett at that round, to my recollection—Bennett stood up in a fighting position again, and the prisoner butted him with his head in the lower part of his stomach, and at the same time caught hold of his legs and threw him down—the prisoner fell upon him—Bennett got up again, and they stood in a fighting position and fought eight or nine rounds—the prisoner was the most sober of the two—neither of the rounds lasted long—Gibbs knocked Bennett down half a dozen times through butting him with the head, not every round—Bennett fell on him once or twice—the last time Bennett was knocked down he was on his hands and knees—Gibbs asked him if he was going to fight longer—Bennett said he was too drunk to fight—Gibbs then asked him to shake hands—Bennett refused—a man came up and asked Gibbs to go away with him, which he did—somebody assisted me to lift Bennett up, and I took him towards his home—he said he was tired, and asked me to let him sit down—he only sat down once to my recollection—he wanted to sit down before, but I would not let him—he was about 300 yards from where the fight was—I went within 250 yards of his home with him, and left him sitting down in Crown-lane, North-end, about twenty minutes or a quarter to twelve o'clock—Bennett very seldom succeeded in striking the prisoner, nor the prisoner him—very few blows were struck—it was chiefly throwing one another down.
Cross-examined by MR. HUDDLESTON. Q. Bennett was a violent man when drunk, was not he? A. Very violent—the landlord did not tell me to turn him out of the house—he told me to coax him out—a boy complained of his taking a nut from him, and he threatened to put him on the fire—he was very violent—I promised him some beer if he would go out, and paid for it myself—I gave the prisoner leave to drink—he was a little in liquor—Bennett swore at him and threatened him—Gibbs did not want to fight—it appeared to me that he fought carelessly—Bennett made a blow at him, and he fell down on or near the pavement—I did not see him at another time fall down, and the prisoner fall on him—I do not recollect seeing Bennett fall on the prisoner more than once—he might have done so—I saw him do so once—I think he fell on him lengthways—he did not fall over Bennett, he fell on him—it was caused by the prisoner catching hold of Bennett's legs to throw him—he butted him and threw him down—I left Bennett on the lane side of the hedge, within 250 yards of his own house-r-there were parts of the hedge open, with stakes in them—the fence was very rotten, and full of gaps—Bennett at last said he was too drunk to fight, and Gibbs came forward and said,"Come, let us shake hands before we go"—he did not say, "part friends. "
MR. PAYNB. Q. How did it happen that Bennett fell on the prisoner? A. They closed together—I suppose it was done with the weight, Bennett being much heavier than the prisoner—it might have been more than once—when the prisoner butted him he fell upon his back—the prisoner's head struck the lower part of his belly—he struck rather low—when his head struck his belly, his hands were round his legs, and Bennett fell backwards—he
did not put his head so as to throw him over—the prisoner fell upon him with his knee on the lower part of Bennett's stomach once—I did not notice the other times.
JEREMIAH PLAISTOW . I am a labourer, and live at North-end. On Tuesday night I was passing by and saw the fight between the deceased and the prisoner—I had not been at the public-house—I saw the prisoner run his head against Bennett's stomach, and throw him down—they both fell upon the ground—I saw that happen twice—the prisoner fell upon Bennett—they wert fighting when I came up—I did not see the beginning of it—when Bennett fell I heard somebody halloo out, "He has kicked me!"—I believe it was Bennett said so—I went up to Gibbs and told him not to hit him any more. I persuaded him to go home, and he went home—they had both been drinking—I and another man assisted Bennett up.
COURT. Q. Did one appear as drunk as the other? A, Yea—when the prisoner butted him his head came against the pit of his stomach.
MART ANN EDGAR . I was standing at Sir John Lilley's row, and heard a noise, walked towards it, and saw the prisoner butt Bennett in the stomach two or three times, and give him two violent blows—Bennett fell down where he butted him, and the prisoner upon the top of him.
Cross 'examined. Q. What was the time? A. Between eleven and twelve o'clock—it wanted twenty-five minutes to twelve o'clock when Garlic and Bennett went on the road towards Bennett's house.
HENRY KING . I am landlord of the Crown at North-end. On Tuesday night, the 17th of June, Bennett and Garlic were in my house—I went to gpt them out—they went out about five minutes after eleven o'clock—A few minutes after, in consequence of what my servant said, I looked out of my first floor window and saw Gibbs in the act of striking Bennett—I said, "Do not strike a man old enough to be your father"—Bennett was in the act of getting up from the ground at the time—Gibbs did not strike him when I spoke to him—I heard Bennett say he had been kicked at that time.
Cross-examined. Q. How long have you known Gibbs? A. About eight months—he was a labourer—he was quiet, peaceable, well-disposed man, civil, obliging, and not quarrelsome at all—Bennett had been in a passion that evening, threatening to put a boy on the fire, merely because the boy threw a nut-shell into the grate—I had great difficulty in getting him out of the house.
MR. PAYNE. Q. Was he sober? A. Not perfectly, but he was not tipsy.
JOHN CLEMENTS . I am a gardener, and live at North-end, Fulham. At half-past six o'clock on Wednesday morning, the day after this happened, I saw Bennett inside Mr. Culver's garden, stooping by some currant-trees, nearly a quarter of a mile from his own house—I asked him How long he had been there—he said the best part of the night—he complained of being injured by a man, and that he was a done man—Fitzgerald, the policeman, came to him, and I left him.
Cross-examined. Q. Was he inside the garden on the other side of the hedge? A. Yes, two or three yards from the hedge—the garden joina Crown-lane—anybody could get out of Crown-lane into the garden—there was a gap in the hedge—the hedge is inside a fence, but the fence is broken down—it is a young hedge with palings—the hedge is away from the road, on the path—it is level with the path.
MR. PAYNE. Q. What gaps were there? A. A great number in the hedge and in the fence also, some of them a yard wide, and some four feet.
out of the garden through the hedge, in a stooping position, from which I thought there was something the matter with him—on getting near, I heard him moan—I crossed and asked what was the matter—he could scarcely answer me—I asked him again, and he said he had been injured at the Crown—I asked if he knew who it was that injured him—he said he had no recollection, but he was knocked down and kicked—I asked if he knew any of them—he said he did not, but it was done by several men—he had not the slightest recollection of them.
Cross-examined. Q. He was a little drunk? A. I would not undertake to say he was drunk at that time.
SARAH BENNETT . I live at Fulham-fields. The deceased was my husband—his name was James Bennett—he was fifty years old—he was a labouring man—the policeman came to me on Wednesday morning—I went with a cart, and found my husband on the road-side in Crown-lane, and brought him home in the cart—a doctor saw him—I took him to the hospital next day—he was quite sensible—he complained of pain at the bottom of his belly.
GEORGE COBOURN HYDE . I am house-surgeon at St. George's Hospital. I saw the deceased there on the afternoon of the day after he was brought in, but he was not immediately under my care until the 1st of July—Dr. Spiller attended him until then—lie was the house-surgeon till then—I had seen him from time to time from his first coming in, but on the 1st of July I examined him—he was suffering from an abscess in the neighbourhood of the bladder—an incision had been made the previous day, on the left side of the abdomen, and the abscess opened, there was a very foul purulent discharge, mixed with urine, and very large sloughs—the supuration increased a great deal, and he died at half-past eleven o'clock on the morning of the 9th of July—there was a post mortem examination on the 10th—I found two ruptures of the bladder at the anterior part, one about the rim of the pubes—that rupture was the cause of the inflammation which led to the abscess, and finally caused death—that rupture was caused by some violent blow, either direct or indirect, on the region of the bladder itself—there was no indication whatever of violence on the body—the internal organs were for the most part healthy—there were some old marks of the lungs being affected—there was nothing to cause death but the rupture of the bladder—I have not a doubt that was the cause of death,
Cross-examined. Q. A substance striking against the organ of the bladder, and that organ striking against a substance, might cause this? A. Yes.—I do not think a violent strain would produce the rupture—concussion of the bladder might take place, but there are few instances on record of concussion of the bladder—putting this case entirely out of the question, death could be occasioned by bruises and contusions of the belly where the bladder has not been ruptured—it might break several small veins of the mucus membrane—the vessels about the intestines might be ruptured by a violent blow, and cause death—a blow and contusion of the belly might lead to injuries which might cause death—it might produce peri torn eal inflammation, but there was none in this case.
COURT. Q. What do you call the belly? A. It is generally defined at the abdominal viscera in the abdomen, that includes the bladder—there is a wall to the belly.
MR. HUDDLESTONE. Q. Do you call a rupture of the bladder a contusion of the belly? A. The bladder is part and parcel of the belly.
COURT. Q. Ruptures of this kind are more common where the bladder is full? A. In a majority of cases the bladder would be full—if the man had been
drinking he would be more likely to receive an injury in that part—it might be caused by falling on a stake, but that would produce some external injury, or getting over a paling might cause it—falling on any blunt instrument—a man's foot, knee, or elbow, might produce it—the external appearances might have vanished at the time I saw him
NOT GUILTY .
Second Jury, before Mr. Baron Platt
1451. JOSEPH COX was indicted for breaking and entering the dwelling-house of Richard Savory, and stealing 17 coats, value 24l.; 20 pairs of trowsers, 20l.; 20 waistcoats, 15l.; 25 shirts, 7l.; 18 handkerchiefs, 3l.; 18 cravats, 32.?.; 12 stocks, 2l.; 2 pairs of boots, 2l.; 1 writing-desk, 1l.; 1 ring, 20l.; and 2 10l. bank-notes; the property of Henry Hansford.
MR. PLATT conducted the Prosecution.
HENRY HANSFORD . I live at No. 54, York-terrace, Regent's-park— I am park-keeper. On the 16th of March I was lodging at No. 21, High-street, Marylebone, in the dwelling-house of Mr. Richard Savory—about half-past six that evening I went from my rooms, leaving everything perfectly safe—I locked the door—my bed-room was the second-floor back room—I returned about twelve o'clock at night, and found the bed-room door open, and a skeleton-key in the lock inside the room—two boxes, a cupboard-door, a carpet bag, and a portmanteau were all broken open—everything of value was gone—I lost two 10l. bank-notes from one of my breeches pockets, and all my wearing apparel, seven or eight coats, eighteen or twenty pairs of trowsers, twenty-five or thirty waistcoats, several pairs of drawers, and a great many other articles, worth altogether more than 200l. to me.
Cross-examined by MR. BALDWIN. Q. Was all this wearing-apparel for your own private use? A. Yes.
SARAH WHOMES . I am single. On the 16th of March, about ten minutes after seven o'clock, I was coming down the stairs of Mr. Savory's house, and heard apparently a key opening the front door, which induced me to stop—the door opened, and two men rushed in quickly—it was light enough for me to see them—the prisoner was one of them, I am quite positive—he was in the passage, and the other one went up stairs—I have since been to the Penitentiary, seen the other man, and identified him—that man said to the prisoner, "you remain here, John; I will go and see"—the man stepped on the stairs, looked me in the face, and then went up past me—he said nothing to me, nor I to him—it was quite light at the time—Mr. Hansford lodged in the second-floor back room, over my head.
Cross-examined. Q. What sort of a house is this? A. It was a greengrocer's—it is now a glazier's—there were two lodgers on my floor, two on the next, three on the next, and one in the kitchen—there is a private door—I am certain this was after seven o'clock—it was from seven to ten minutes after;—there was no lamp in the passage—they were too near for me not to see them J—there was a fan-light over the door, and a passage-window—the man who I went up saw me, and still went up—I did not see him come down again—I j went in to the landlady to deliver a message, and the prisoner was in the passage when I went up stairs to my room again—I saw him next at the station-house, several months after, not more than three weeks ago—I had never I seen him before that night—I always said I should know him, if I met him in the street—when the door opened, I was at the foot of the stairs, and they came to the middle of the passage—there was a gas-lamp directly opposite the door in the street—I do not know whether it was lighted, but I saw their faces very plain—there was no light but from the outside.
MR. PLATT. Q. Look at him again—is he the man or not? A. He is—they
shut the door after them—there was quite enough light through the fan-light for me to see them.
COURT. Q. How do you know it was ten minutes past seven? A. I know it was after seven—it was quite light—I had not had a candle, and I had been at work—the man's back was to the fan-light, but there was a window on the landing, and it is a very wide staircase—the light from the window fell on his face—I delivered a message, and went up to my room—I did not hear anything going on overhead—my two nephews were playing in my room—I noticed the men because they were strangers—I thought it odd that they should enter a house in that sort of way—I did not give an alarm, because I did not like to interfere—I thought they had come to see Mr. Hansford, or somebody in the house—I did not know Mr. Hansford was out—if I had heard anything, I should have supposed it was him at home—the prosecutor is not related to me.
WILLIAM PAW SON (police-constable C 107.) I know a man named Molloy—I was present when he was tried and convicted in this court, in July last, of another offence—he is in the Penitentiary now—I went there with Whomes, and she identified him in my presence, as one of the men concerned in this case.
THOMAS LINTOTT . I am a eaft-proprietor, and live at No. 7, Blandford-mews—my cab is generally in Great Marylebone-street. About eight o'clock in the evening of the 16th of March, two persons came up to me—I am not certain whether the prisoner was one of them—I cannot swear to him—it was very dark—they hired iny cab—they had a large bag and a gentleman's writing-desk or dressing-case—one got outside and the other in—I drove them to Oxford-market, and set them down there at a little after eight o'clock.
Cross-examined. Q. It was a dark and wet night? A. Yes—I know that it was on the 16th by taking the fare there, and in coming back I got another fare at Somerset-street, and took a gentleman to the Great Western, to the mail-train—that could have happened on another night—I heard of the robbery on the Tuesday in the next week—I then knew it was the 16th—it was a large bag of clothes, as much as they could 'poke into the cab—it was something like a tailor's or Jew's bag, that they carry old clothes in—it was a very large bag; it filled the door up as it went into the cab—they had great difficulty to get it in—one of them carried it before him—the other carried the writing-desk—it was on a Monday—I heard of the robbery on the Tuesday in the next week.
CLARA SHIP . I am the wife of Henry Ship, of Castle-street, Oxford-market; the prisoner lodged in the next room to us. On the 16th of March, between seven and eight o'clock in the evening, as near eight as possible, I saw the prisoner come home, carrying a large substance up the stairs—it resembled a large bag—I saw him through a hole in my door—he asked his wife to show him a light—it was more near eight o'clock than after—I lodge in the second floor front room.
Cross-examined. Q. When did you hear of the robbery? A. Not more than three weeks ago—I remember it was the 16th of March by a chair being left in the parlour for the person in the attic, and I heard the prisoner scrambling up stairs, and, thinking it was my husband, I looked through the keyhole; but, instead of a chair, it was the bundle—a person in the house looked at her rent-book about three weeks ago, and I know it was the 16th of March by that and by the chair—if I had not seen the book I should not have known it was the 16th of March—I remember the bundle coming that day—it appeared large—he asked his wife to show a light, as if she did not show light enough, and when I saw it was not the chair I took no more notice—it was a very large bundle—I could see through my key-hole—it is a wide staircase—the
candle showed a light on his face, not on the bundle—it threw a shadow on his face, but I could see it was him distinctly—I coold see him—I I saw bis face when he turned the stairs—there was a cupboard belonging to I the prisoner's room on the landing—his door is beyond that cupboard—I his wife stood with a light—he asked her to show more light—the bundle I was a large substance—I cannot tell the shape or colour—the landlady is I not here with her book—I cannot be positive of the day without the book.
RICHARD GOLDBAR . I am shopman to Mr. Hall, pawnbroker, of Norfolk—I street, Middlesex-hospital. On the 13th of July I took a shirt in, pawned I in the name of Ann Cox—I also produced a pair of drawers—I did not take I them in—they were pawned by a female, in the name of Ann Park.
Cross-examined. Q. you do not know that they were the same person? A. No—I do not know the prisoner.
HENRY COE . I am footman to Mrs. Lewes, and live at Southall. I recollect a man named Molloy—he was under-butler to Mr. Hodgson, of Carlton-gardens—he called on me in April last—the prisoner was with him—I I do not know the day of the month—I am not quite certain whether it was in April or the latter end of March—Molloy came to sell me some clothes—he took the principal part on himself—I bought a coat, waistcoat, trowsers, and other things, and paid him for them—I was not particular as to the I quantity I got—I paid 3l. 10. for them—I cannot swear what they were—I got the value of my money—I found that out by selling them—there were five or six pairs of trowsers—there were not ten—there were four coats, I think, and six or seven waistcoats—they were second-hand—it was a (air price for them—there were one or two pair of gloves—the prisoner was present during the sale—he sat on a chair, and he saw them sold—he did not interfere with the sale—these articles produced are some of the things I bought—I have worn two waistcoats.
Cross-examined. Q. Did you know Molloy between the time you served with him at Hodgson's and the time you bought the clothes? A. Yes—he told me he was getting his living by jobbing—I have bought things of him before—I considered he had them as valet, and bought them to sell again—I knew that he did it to turn a little money, and I did the sam£—I bought them to sell part of them again—I did not know the prisoner before—I know he is the same man very well—he partook of some ale we had, and left with Molloy—I see no difference in him now—I paid Molloy the money—he was there about an hour and a half or two hours.
COURT. Q. You were Molloy's fellow-servant at one time? A. Yes—he used to buy and sell clothes then of various servants, and I have done the same—my master's old suits and livery, anything to make a shilling of—the prosecutor fetched the things from where I sold them—there was nothing suspicious about it.
ANDREW WYNESS (police-constable D 42.) On the 27th of July I apprehended the prisoner, at 14, Tottenham-street—I asked him whether his name was John Cox—he said, "Yes,"—the prosecutor was with me—I said I took him on suspicion of a robbery in High-street—he said, "Very well, I will go with you"—I searched the room, and found forty-six duplicates—some were for drawers and a shirt—the one for the shirt was dated 13th July, in the name of Ann Cox, pawned at Hall's, 15, Norfolk-street—I had these coats from the witness Coe.
Cross-examined. Q. How do you know it was the prisoner's room? A.
The landlord told me his room, and I took him in that room—only two of the duplicates relate to the property.
Cross-examined. Q. Look at that pair of drawers, are they yours A. I swear to them—there is no private mark on them—they are a very particular sort—I have another pair exactly the same, off the same piece—there is no particular mark on the shirt, but I have a shirt of the same make off the same piece—it is made by the same maker in High-street—I bought the cloth myself, and had the shirts made—I do not believe there is plenty of cloth of the same quality—the shirts are worked down here in a particular way—you will not find another such shirt in the whole town—it is made to order—the pattern was sent—I was looking up my shirts that night, as I was just moving—there was half a dozen of this kind of shirts—I have from eighteen to twenty shirts altogether, but only half a dozen of these—I had counted them the day before—they were put into one box—the drawers are new—they have not been worn—another shirt of the same sort was found on Molloy.
RICHARD GOLDEN re-examined. These two duplicates are the parts of the duplicates given to the parties pawning the things—I have the counterpart of them here—this is the duplicate I gave for the shirt to Ann Cox.
GUILTY . Aged 30.— Transported for Ten Years.
NEW COURT.—Thursday, August 20th, 1846.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 12.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
JOHN JAMES HARRIS . I am a watch-maker—I live in Upper East Smithfield—on Friday evening, the 31st of July, between eight and nine o'clock, a person, a gentleman in appearance, came into my shop and said he was recommended to me for a gold patent lever watch—my daughter Susannah was in the shop and a lady named Miss Harding, of Burr-street—when the person came in who enquired for the lever watch, he came to the glass-case and sat down in a chair which was further from the door than the lady was—I produced him three watches with which he was not satisfied, and I showed him another—four patent lever watches I placed on the glass-case—in about ten minutes that gentleman was followed in by another person, who was, no doubt, the prisoner at the bar, but my attention was drawn off, attending to the lady with her earrings—I believe the prisoner is the person—he squeezed by the lady and got to the person who was looking at the watches—he said, 'Mr. Harris, what do you charge for cleaning a patent lever watch V—he had then squeezed in between the lady and the gentleman, which my daughter will be able to explain—I told him 4s. was the price—the prisoner then went immediately out of the shop—I should think in about two minutes—he did not produce any lever watch to be cleaned—when he came into the shop the four lever watches which I hadshown to the first man were safe, and two gold guardchains
were on the glass-case—the prisoner went out of the shop, and I should think in about a minute the other man went—before he went away he said, "I will call again to-morrow, Mr. Harris, and take one"—he went away, and my daughter hallooed out, "Father, there is a gold watch gone, and a gold guard"—I looked at the watches—there were only three on the glass-case then—one was gone.
COURT. Q. Was the prisoner near enough to have placed his hand on the guard, or the gold watch?—could he have reached the watch that was missing, or the chain? A. I should say not, unless it was given him by his companion—he was jammed in between the lady and this other man, that I do not think he could hardly move his hands—he was in a kind of vice between them—it was not necessary for him to press in, in the way he did, to get an answer to his question—he need not have done it—there was plenty of room by the side of Miss Harding.
Cross-examined by MR. BALLANTINE. Q. Is that lady here? A. Yes, and she is a perfectly respectable lady—my shop is not a small one—there was a man there talking about these watches, and they were lying before him for observation—they were on the glass case—the lady was standing near the door—there was space between her and the door for anybody to have come to the counter—I think there was room for any person to have stood, even a big person—the person that came in passed the lady, to get in between her and the person who came to look at the watches—he came quite to the counter—the watches were opposite to the other man, and so they were to the prisoner—I was behind the counter, looking at him, and my daughter was there, looking at him, and How he could have managed it I do not know; it must have been magic to have tajten it—the prisoner was charged with picking the Lord Mayor's pocket—I went and saw him—he was not pointed out to me at all—my daughter went with me—I had not seen him in the interval, after he was in my shop, till he was in custody.
COURT. Q. You have not taken the other man? A. No—I should know him if I saw him.
SUSANNAH HARRIS . I am the daughter of the prosecutor. I was in his shop on the occasion of this watch being lost—I saw the first person come in—he asked for patent lever gold watches—Miss Harding was not in the shop at the time—she came into the shop while the first person was there—our shop has a single window—it is a long shop—there is a long counter—it extends the whole depth of the shop—there is a glass case on the counter, which does not extend the whole way—it is at the farther end of the shop the other man went to the upper end of the shop, near the glass case, and there he wasshown the watches, on the case—Miss Harding was next to the man that was looking at the watches—she was standing, the man was sitting—Miss Harding is not an acquaintance of our family, she was a stranger to us—while the man was looking at the watches, the prisoner came, in—I am confident he is the man, I took such particular notice of him—Miss Harding was in the middle—the counter is on the right-hand side of the shop—the prisoner came to the right-hand side of Miss Harding—he said, "Mr. Harris, what do you charge for cleaning a three-quarter plate lever watch?"and he shuffled himself between Miss Harding and the man—it was not necessary, to have that question answered, that the prisoner should pass by Miss Harding, and get between her and the man who was looking at the watches—there was two yards vacant at the counter before he got there.
COURT. Q. Then he went from an easy position to a crowded one? A. Yes—he pushed himself very rudely in.
MR. CLARKSON. Q. Did you observe anything either said or done, between the man who first came in and the prisoner? A. The man who ws looking at the watches was playing with a guard-chain, and when the prison was by him, I saw the man who was looking at the watches, put his han down, and just before his hand was on the glass case—he slipped his lei hand down behind him, as if to pass something to the prisoner—the prisonc was just behind him.
COURT. Q. Was the prisoner standing behind him, so that anythinj could be delivered to him by the other man? A. Yes.
MR. CLARKSON. Q. How long did the prisoner stay after that action A. Not a minute—I do not think he took but one step to get out, and the other man followed him—he went out directly, and said he would call agaii in three weeks—when he was gone, I missed a gold watch, and a chain—; alarmed my father.
COURT. Q. Was the watch and chain that was missed the watch the firs man was handling, and the chain he was playing with? A. Yes.
MR. CLARKSON. Q. How soon afterwards did you see the prisoner again I A. I think it was on the Monday, at the Mansion-house—he was not pointed out to me—directly I saw him I knew him—I said that was the man.
Cross-examined. Q. Where were you standing? A. On the side of the counter, with my father—I was further from the door than my father was—the man who was looking at the watches was exactly opposite to me—my father was serving him, but his attention was attracted by Miss Harding—she was opposite my father—when the prisoner came in at the door, he was by the side of Miss Harding—she was in the middle, and then he shifted himself, and came past Miss Harding, and opposite to where I was—I was looking all the while—I saw the man who was standing by the glass playing with a chain, twisting it round his finger—I saw him put his hand down—I did not see him remove the watch and chain—he had his handkerchief in hii right hand—his left hand was playing with the chain, and his left hand he put down—I was noticing he was playing with the chain with his left hand—I did not see him take it off—I was taking such particular notice of the prisoner at that time—I noticed the other man had a pocket-handkerchief in one hand, and a guard-chain in the other, and he put his left hand down towards the prisoner—I noticed that he had been with that hand playing with the guard just before—I did not notice that he took his hand off the case—I was looking at the prisoner—the lady who was there was a customer—there was nobody else in the shop.
MR. CLARKSON. Q. Was there anybody else came into the shop from the time your father produced the watches to the first man, till the prisoner came? A. No one but Miss Harding—I missed the watch almost directly after the first man went out.
COURT. Q. Have we taken you correctly, that your attention was in the first instance particularly drawn to the first man, so as to notice that he was playing with the chain in his left hand? A. Yes—after that my attention was drawn to the prisoner, and after that I saw the left hand of the first man pass behind him in a position, that if he had anything in his hand it might be delivered to the prisoner.
MARY ANN HARRIS . I am a daughter of the prosecutor. I went out for a walk that evening, and when I came back I saw the prisoner standing in the shop—I am able to say he is one of the persons who were in the shop.
Cross-examined. Q. Did you see him go out? A. Yes—I saw him through the glass of the parlour window.
CAROLINE HARDING . I live at the King George tavern, at the corner of Burr-street, East Smithfield. On Friday evening, the last day of July, I had occasion to go to Mr. Harris's shop for a pair of earrings I had left to be mended—it was about half-past eight o'clock—I found Mr. Harris in the shop, and his daughter behind the counter, and a gentleman on this side the counter, at the further end—I believe they were looking at watches—I cannot be positive—I placed myself near the door—I had been in there three or four minutes, when another man came in—I was then about two or three feet from the man who was looking at the watches—the man who came in pressed by me in a very rude way, and went by the side of the man who was in the shop—I am not positive, but I believe die prisoner to be the man who came in—he asked Mr. Harris what he would charge for cleaning a watch—I believe that was what he said—there was no necessity at all for him to have passed me for the purpose of putting that question—when he had passed me he was as close as possible to the other man—he did not stay in the shop above a moment—he was out of the shop in a moment, and the other man followed him—he said he would rather have a watch like his brother's; and they were out of the shop in a moment.
COURT. Q. You went in and stood near the door? A. I staid a few minutes—I was in great haste, as my mother was ill—I asked Mr. Harris to serve me, and he left the watches to his daughter, and came to me—there was no necessity for the man to have passed me to have got to the counter—I could not observe whether that drew off the attention of parties from him—I was looking at my earrings.
GUILTY . † Aged 28.— Transported for Ten Years.
(There was another indictment against the prisoner.)
1454. JEREMIAH ROSCOW and EDWARD LAMB were indicted for stealing 4 beds, value 8l.; 4 bedticks, 2l. 10s.; and 1 writing-desk, 20s.; the goods of Joseph Jackson: and MARY ROSCOW , for feloniously receiving the same, well knowing them to have been stolen.
MESSRS CLARKSON and BALLANTINE conducted the Prosecution
JOSEPH JACKSON . I live at Nos. 26, 27, 28, and 29, High-street, Shoreditch, and keep an upholstery and carpet warehouse. Lamb was in my service, and Jeremiah Roscow occasionally dealt with roe—he never bought any beds of me—on a morning, I believe, about the end of March, I had occasion to go into my back warehouse—I found Jeremiah Roscow there, packing up a bale—I suppose it was cotton—I did not see the contents—it was not before the shop was open, but before we generally commence business—I asked what he was doing—he replied, "I am buying cotton; here is Mr. Lamb;"and Lamb made answer that he was, and from hearing that I went away—previous to the 8th of June I received information—I then took stock, and missed feather-beds and ticks—I cannot say to what amount, but it was some 20l.—I likewise missed a writing-desk—I sell writing-desks—on the 13th of June I went with the policeman to Mary Roscow's house—we found there a writing-desk and three feather-beds—neither of the prisoners were there—I went the next day to Jeremiah Roscow's house—I found a feather-bed there—he was in custody at the time—I believe the beds are mine, though there is no identifying of them—the desk I am able to identify.
Cross-examined by MR. DOANE. Q. You are in an extensive business? A. We have four houses—we do not sell every description of furniture—I do not know whether we sell 100 beds in six months; but these beds were made in
a particular way, and sewn in a particular way—they were filled a little wh previous to being missed—I had only Lamb and another person in that pi of my establishment—they were stitched in ray house—I employ persons c of the house to make them—I cannot say How many might have been stitch in this way, by the person who stitched these—I do not generally have mai writing-desks on hand—I believe this is the only one of this make that ever was in my house—I believe I had seen it safe in my own possession in Mar—Lamb and another person were on the side of my house where furnitu was sold—this desk was there—I do not know Mary Roscow's husband-Jeremiah Roscow has had a few dealings with me—he has bought carpets—he has purchased ticks several times—he has had unmade ticks—he and Mai Roscow came together—I have sold them ticking—I do not know what purpose they put them to.
Cross-examined by MR. PARRY. Q. How many shops have you? A. is only one shop—it might be termed warehouse and shops—I employ aboia dozen persons altogether—I sell wholesale and retail—Lamb had bee with me three months—he had lived with me before, perhaps two years altogether—I took him back after several applications—he was employed I Nos. 28 and 29, where I sell furniture, and beds, and waste cotton, or wlu may be termed flock—Teakle has lived with me above four years—Jeremia Roscow had dealt with me perhaps two months—he has not been there ever day—I cannot say How often he called during the time he dealt with me perhaps once a week—I never gave him any work of mine to do—I hav bought bedsteads of him—his father I do not know—ray books are not her—there is no account in my ledger with Roscow—he brought bedsteads, an had the amount in ticking and other things to balance it—I had some suspicion about the 8th of June—Lamb was ill at that time, and was at home—I believe I sent one policeman to his house—I went with two policemen to hii house—their names were Day and Smith—they searched his house—I wen! into Lamb's room, where he was lying ill in bed—we might be in the hous an hour altogether—we searched all the apartments—I do not think there were more than two policemen—there were not six with me—I cannot saj How many were outside—it was at night—I will not swear that there were not half a dozen inside and out—a policeman was left in custody with Lamb at his lodging till the following morning—the police doctor was there, and he certified that he was dangerously ill—Mrs. Lamb was there—I think we went about half-past nine or ten o'clock at night—I could not swear to the hour—when Lamb recovered he came to the police-office at Worship-street, at my request, on the 1st of July—there were three or four examinations—I did not prefer any charge against him—I did not say there was no charge—I do not know that I heard my attorney say there was no charge—the Magistrate did not refuse to commit Lamb—he did not tell me he would be no party to fish for a felony—I did not apply for a warrant against Lamb, nor did my attorney—I preferred a bill last Session before the Grand Jury—there are three doors to enter my shops, and one private door, No. 29, which leads to the warehouse—the horse goes in at the private door.
MR. BALLANTINE. Q. Lamb was not present when you preferred the charge 1 A. No—it was after I got information from Norman that I went to Lamb's—I communicated with the police—J. Roscow has sold bedsteads to me—he has generally dealt with Lamb, and at other times with me—it was generally Lamb's duty to make sales to him—I never heard of the sale of these beds, or the writing-desk.
JURY. Q. In what length of time from your discharging Lamb, did you tike him again? A. It was in May I discharged him, and I took him again, J tbiuk, in Jan. or Feb.—he was discharged for unsober conduct.
EDWARD NORMAN . I live in Bath-place, Mile End-road—I drive a cab, No. 7122—I have been employed by Jeremiah Hilton Roscow the father of Jeremiah Roscow—he had a horse which I used to look after, and he afterwards got me a badge—I think I have had it about eight months—after I had had the badge some time, the prisoner Jeremiah Roscow came to me one morning between eight and nine o'clock in the stable, something like six weeks after I had had the badge—he told me to put the horse to—I got the cart ready to go out, and took it round to Jeremiah Roscow's door in Bakers-row—he and his father lived there together—I was going back to my stable and Jeremiah Roscow said, "Don't go away, I want you to go along with me"—he got his breakfast and I waited outside—he got into the cart, and I went with him—it was then between eight and nine o'clock—we went to-opposite Mr. Jackson's door in Shoreditch—I sat in the cart a minute or two, and he weut to a coffee-shop—we got out and I had breakfast, and he had a cup of coffee—we came from there, and he drew up at Mr. Jackson's doorr and went into the shop—I staid in the cart—when he went in, I saw a young man rubbing a chair by the door—I should not know the young man again—Jeremiah Roscow did not speak to him—he went into the shop, and the man kept rubbing the chair—when Roscow had been in die shop four or five minutes, he brought out a bale of flock—a man they called Mr. Lamb helped him out with it—it was a large bag, about five feet long I should think, and about two feet wide, I saw it was flock by the holes in the bag—they put it into the cart, and went back to the shop, and Lamb and Roscow came out with another bag—Lamb was not the person who was nibbing the chair—I dare say I should know Mr. Lamb if I were to see him—the prisoner Lamb does not look like the Mr. Lamb I saw—he does not look unlike him—the man I saw, looked much fuller and redder in the face—I do not see that I can swear that is the man—he looks something like him—I do not believe him to be the same Mr. Lamb I saw—I have seen Mr. Lamb since at the bottom of Mr. Jackson's premises.
COURT. Q. Who do you mean by saying a person they call Mr. Lamb? A. I mean Mr. Rowland son called him so.
MR. CLARKSON. Q. You say that the person you saw, that they used to call Mr. Lamb, at Mr. Jackson's, had more colour than the prisoner? A. He was a stouter and more ruddy-faced man—I have heard that Mr. Lamb has been ill of a fever—the prisoner is the same featured man, and the same height and figure—this person they called Lamb first helped out with a bag of flock, he then went back for five minutes, and came out with another bag, not so large as the first—I saw the holes in the bags, which had been torn by the crane, and I saw that it was flock—that bag was put on the top of the other, and Mr. Lamb and Roscow went for another smaller bag, and they put that on the top of the bags—Mr. Lamb then went into the shop again, and I saw Roscow pull out of his pocket three sovereigns and three half-sovereigns, and walk into the shop to go up to the desk—I did not see him pay for them—after Jeremiah Roscow had done—this he came into the cart—he caught hold of one of the bags and pulled a piece of flock out, and when he had done that, I saw something like a bit of ravelling of a bedtick, or the lining, or what they border them with—I could not tell whether it was the ravelling of a bedtick or a bed—he then got into the cart, caught hold of the reins, and drove home—as we were going home we met Blenman—he got into the cart with us in White Lion-street—he rode with us to the door of No. 6, Baker's-row—they unloaded the cart—I waited, and took the cart round to the Pavillion-yard, Whitechapel—Mary Roscow was in the shop, at work, when the bags were brought out of the cart.
Cross-examined by MR. DOANE. Q. Mary Roscow was in her husband's shop? A. Yes—it was old Mr. Roscow's shop I went to—I believe he is the husband of Mary and the father of Jeremiah Roscow—old Mr. Roscow waa not at home—Mrs. Roscow paid me on the Saturday night—I think it was Qs. for the week's work—I have known old Mr. Roscow and his wife about twelve months—I worked for them regularly something like six or seven months—I have left them about six months—it was through old Mr. Roscow's influence I got the badge.
GEORGE GREEN . I am a mattress-maker; I live at Stratford. I worked for Mr. Roscow—I saw two large bales in the passage, by the private door of his house—I cannot say whether it was in March or April—it is a good bit ago, because I have left Mr. Roscow about three months—I suppose it was about a month before I left him—I did not see the bags brought, nor see them unpacked—I only saw some ticking and cotton that was on the outside—I cannot say what sort of ticking it was.
Cross-examined by MR. DOANE. Q. When you say you worked for Mr. Roscow you mean the old gentleman? A. Yes, and this is his wife.
JOHN BLENHAN . I am by business a bedstead-maker; I live in Baker's-row, Whitechapel. I know the prisoner Roscow—I know Lamb—I knew him before he was attacked by fever—he looks better now, I think—I worked for old Mr. Roscow—I have frequently met Mr. Roscow's cart coming from Mr. Jackson's—I remember meeting it in White Lion-street—it was in cold weather—I really cannot tell How long it is ago—I think it was about Christmas—I think it was the Christmas week—when I got into the cart in White Lion-street there were some bags of flocks in it—the cab-driver who drove for Mr. Roscow was there.
EDWARD NORMAN re-examined. Q. Were you ever in this cart at any other time? A. I have been to Stratford and to Blackwall for shavings—I never went to Mr. Jackson's before—I never went with the cart in White Lioo-street before—I never took Blenman up any other time than the time I ha?e mentioned.
JOHN BLENMAN re-examined. Q. What was in the cart when you got in? A. Two bags of cotton, or a bag and a half—it was in two bags—there was Norman and Roscow and myself in the cart—we went to old Mr. Roscow's house—Jeremiah Roscow did not live there—he lived in Clarence-court, which is just by—we took the bags of cotton into the shop, and either he or Norman took the cart round to the yard—I did not unpack the bags—I do not know that there were any beds in the bags of cotton—Jeremiah Roscow has come to me in the bedstead shop twenty times a-day—he never mentioned Mr. Jackson's name to me—old Mr. Roscow has mentioned Mr. Jackson's name to me, but not Jeremiah Roscow—I have repeatedly taken bedsteads and other things out.
WILLIAM ELLIOTT . I am a mattress-maker—I have seen the beds which have been produced here to-day—I know my own work—I filled them for Mr. Jackson—I cannot tell when, or whether it was before March or not.
MR. CLARKSON here withdrew from the prosecution.
NOT GUILTY .
1455. JEREMIAH ROSCOW and MARY ROSCOW were again indicted for stealing 40 yards of carpet, value 2l. 16s.; 2 counterpanes, 9.; 24 yards of linen cloth, 1l. 4s.; 200 yards of chintz furniture, 41.; 17 bedticks, 3l. 125.; 50 yards of bedticking, 15s.; and 100 yards of lace, 12.; the goods of Lancelot Rowlandson.
MESSRS. CLARKSON and BALLANTINE conducted the Prosecution.
LANCELOT ROWLANDSON . I live at No. 83, Whitechapel-road—Jeremiah Roscow was in my employ, as a mattress-maker, during the whole of last April—I have seen some carpetting which was found at Mr. Dawson's—this is it—this is what is called a Persian carpet—it was in my possession in March last—I never sold it—I should have been able to tell if I had—Jeremiah Roscow had access to the carpet-room, to go up to the mattress-room—he had no business with the carpet at all—I have seen two counterpanes, a quantity of linen, and sixteen or seventeen bedticks, value 3l. 12.—here is some bedlace and tick that was given to Jeremiah Roscow, to make up—the lace he ought to have returned—I believe all this to be my property.
Cross-examined by MR. DOANE. Q. You are in a very large way of business? A. Pretty well—this is the lace that was given to Jeremiah Roscow—the counterpanes were found at Jeremiah Roscow's house on the 6tb of June—the ticks were found at Mary Roscow's—Jeremiah Roscow was in the habit of coming to my premises—that is the reason I charge him—he used to make bedsteads for me—he used occasionally to buy goods of me—ticks and all manner of things—he bought ticks to bring to me, filled—he never bought a yard of carpet of me—I can swear I never sold him this carpet—the counterpanes were found at his house, which is about forty or fifty yards from his father's—the ticks were found at his father's—I had a person named Lamb in my employ—he did not sell to old Mr. Roscow a carpet for 2l. 12s. 6d., to my knowledge—I cannot swear what he sold, nor what he took—this counterpane has my mark on it, which shows it has been on my premises—it is a mark which is put on all counterpanes—I have sold some hundreds in the last twelve months—we never sold Roscows any counterpanes—I can say this has never been sold—it has been stolen—all these goods are not marked—the lace was given to Jeremiah Roscow, to work, and he has not returned it—he ought to have brought it back—Mr. Jackson uses the same private marks that I do—we are both in the same line of business.
COURT. Q. Then How can you distinguish these as your property? A. I can distinguish my mark and my man's mark—I have present the man who will swear he marked the counterpanes, when Lamb was not in my employment—I do not know when I lost sight of old Roscow—he was frequently there.
MR. BALLANTINE. Q. The prisoner, Jeremiah Roscow, worked at your place, and the father came as a customer? A. Yes—this carpet has never been sold—we missed it out of the stock on Easter Monday—I saw it in March—I must have known if it had been sold with my sanction—Lamb was not in ray employ in March—he left the beginning of Feb. or Jan.
JOHN BLENMAN . I saw this Persian carpet at Worship-street—I could I not speak to having seen this carpet before that—I have seen one like this—I cannot say in whose possession—I went with Jeremiah Roscow to Dawson's—he had in his possession a carpet like this—he sold it to Dawson, of Greenwich—if this is the carpet, (it was one that resembled this,) there were j two other carpets sold with this, and a couple of rugs, and some bedticks—I?) really cannot tell when it was, but it was since Christmas.
Cross-examined. Q. you were in old Roscow's service? A. Yes, up to Christmas-day—I have sold many things to Dawson, and to other persons, 3 for him—I have seen plenty of Persian carpets like this—old Mr. Roscow has given me a carpet like this to sell—he did not say particularly to sell it to Dawson—I was to sell it to any job-house—Jeremiah Roscow was pjeseot in his father's house when his father gave it me.
at Greenwich—he is a carpet and furniture dealer, and lie has been a pawnbroker, but he is now selling off his stock—he purchases articles of thi trade, not anything that comes to hand—I have seen Jeremiah Roscow and Blenman—I know this carpet—I cannot say where we got it—we are buying these sort of goods every day—this carpet was produced from my master! house—I believe I bought it—I would not swear it, but I think I did—if bought it, I bought it of Blenman and Jeremiah Roscow—we keep books—I have looked to see, and we have bought carpets of them—I cannot saj exactly when I bought this, but I think after Christmas—I think perhaps in Feb.—I have not referred to our books to ascertain when—we make entries of everything we buy—if I bought this I bought it with other goods—with one or two carpets I think—I cannot tell what I gave for the whole—here is the book.
Q. Have any of the things that you purchased, after they bad beenshown to Mr. Rowlandson and identified, been sold by you? A. That I cannot say—there was a carpet they said was theirs, and it was sold afterwards—here is an entry in the book of 5l. 16. for a lot of goods on the 16th of Feb.—here is the entry in the book, "Blenman 3l. 16s.,"and the next entry 21.—here is no purchase in April of Blenman or of Jeremiah Roscow—here is no entry in April—this invoice is Blenman's writing—it is his receipt for the money.
WILLIAM DANIEL SMITH (police-constable K 220.) I took Jeremiah Roscow about three o'clock on the Sunday morniug, the 7th of June, at Clarence-street, Waterloo-town—I found in the house two new rugs and two counterpanes—he said he bad bought them—he did not tell me of whom, nor when, nor where—I told him I wanted him for robbing Mr. Rowlandson of a quantity of carpeting and some horse-hair seating, and selling them to Mr. Dawson at Greenwich—he said nothing then, but on the way, he said, "What I sold I have got receipts for"—I said, "For the carpets and horse-hair seating too?"—he said, "Yes. "
1456. SUSANNA ELLIS was indicted for stealing 4 shillings, 1 sixpence, 3 pence, and 3 halfpence:— also 4 shillings and 3 halfpence:—also 5 shillings, the monies of William Broackes, her master; to all which she pleaded
GUILTY . Aged 37.—Recommended to mercy by the Prosecutor. Confined Two Months.
(The prisoner received a good character.)
MR. PAYNE conducted the Prosecution.
MARK TOWNLEY . I am a surveyor, and live at Bexley, in Kent. On the 1st of Aug. I was in Gracechurch-street, in the City, a little before three o'clock, and lost a pocket-book—I was apprized by the officer that I had been robbed—I followed the officer into a stationer's shop—I saw the two prisoners there, and saw my pocket-book taken from Williams—this is it—it contained a check for 5l.—I have had it cashed since.
Cross-examined by MR. BALLANTINE. Q. Were you standing at a picture shop? A. I was—there were not a great many other persons there—I did
not see either of the prisoners till I saw them in the shop—Williams pointed I to Sbrimpton at the station, and said he had nothing to do with it, and the I officer was mistaken—he said he had never seen him before, or knew nothing I of him, or something to that effect—Williams made no denial of it himself—I I prosecute this case—I engaged the counsel—this was about three o'clock—it I was four or five minutes before three o'clock when I came down Cheapside.
GEORGE TREW (City police-constable, No, 26.) On Saturday afternoon I the 1st of Aug. I was on duty in plain clothes in Cheapside—the prosecutor. I passed me at the corner of Queen-street, going down towards the Poultry, on I the same side the Mansion-house is—I saw the two prisoners following close I behind his heels, and watched them—the prosecutor went down the Poultry—I he stopped and looked at a shop-window, the prisoners stopped also—the. I shop was 100 yards from the corner of Queen-street—I cannot say what I shop it was—the prosecutor stopped about a minute—he then went on, and stopped at the corner of Arthur-street, London-bridge—the prisoners then separated, and stood about five or six yards apart—the prosecutor then crossed over the road towards Gracechurch-street, and came back on the other side of the way—the prisoners followed just after—I saw the prosecutor stop at a stationer's shop two doors from Fenchurch-street, on the right hand side in going from London-bridge—I saw Shrimpton close up close behind the prosecutor, as close as he could stand, and Williams stood close behind Sbrimpton, a little on the right, but as close as he could stand—that is I what is called covering—I saw Shrimpton's hand pass towards Williams, and I saw Williams take something from Shrimpton and put it into the left breast of his coat, between his coat and waistcoat—I was standing first at a shop door opposite—I then went into the shop, and directly I got in I saw what was done—I ran over directly, and both the prisoners walked away together towards Fenchurch-street—Williams was branching off towards the left at the corner of Fenchurch-street, and Shrimpton was going straight on—I took bold of Williams, and Shrimpton turned round to look at him—I dragged Williams towards Shrimpton, and took them both back and put them into the stationer's shop—the prosecutor was still looking in at the window—I told him he had been robbed, and he came into the shop—he said he had lost a pocket-book—I put my hand under Williams's left breast and produced this pocket-book—the prosecutor said it was his—when I took Shrimpton he said He was a respectable man, and told me his name and address—when I got him to the station the inspector asked what he did in the City—he said he was going to Woolwich to receive some money of a Mr. Saunders—the inspector asked where Mr. Saunders lived—he said he did not know—that he did not know what he was saying—on the Monday he was taken before the Magistrate and remanded—he then told me he knew no Mr. Saunders, and was not going to receive any money, but was only going for a trip down the river—I had told him that I was going to Woolwich to make inquiries, and then he told me that—when I first saw the prisoners it was about seven or eight minutes past
three o'clock—the clock struck three as I was going across St. Paul's Churchyard—I followed them for about ten minutes—I was on the same side of the way when they first passed me, and I crossed—I saw they were looking at the prosecutor's pockets—I did not know either of them before—they looked round, and I looked in a pastry-cook's shop—I did not hear them speak, but they were together a good deal—sometimes they separated, and then they joined again—I noticed their dress—I particularly noticed Shrimpton, because he had a lightish Tweed coat on—when we got to the police-station in Garlick-hill, Bow-lane, the charge was booked at half-past three—I should say the pocket-book was taken about twenty minutes past three as near as I can guess—after we had been before the Magistrates and the prisoners were committed, I received a communication from Henry Wild—I searched Shrimpton, and ten sovereigns and some silver was found on him—I ascertained from him where he lived, and I went there—I think it was No. 35, in the Curtain-road—there is a wheelwright's shop there of his and his brothers—I found there these forty-three keys—three duplicates, one for a watch pawned for Si. 10., one for a piece of linen for 5s., and two bedgowns for 1.—I found two pocket-books and a savings-bank book—some of these keys are small and some large—some of them are tied up in a bunch.
Cross-examined. Q. you have been some years in the City police? A. Yes—I was seven years in the Metropolitan police; I was nine months in the Rural police—it is my duty to watch persons about London, and find out, as far as I can, suspicious characters—Shrimpton said he was a respectable tradesman—I found the address he gave to be correct—when Williams got to the station, he said, "I will admit I am guilty of receiving the pocket-book, but this man knows nothing at all about it"—I first caught sight of the prisoner at Queen-street, Cheapside, about ten minutes past three o'clock—Shrimpton's was the hand that took the book, and handed it to the other person—I rushed over to them—there was an omnibus or a cab passed, and intercepted my view; I cannot say which it was; I was prevented from crossing by some vehicle—Shrimpton, after having told me he was going to Woolwich, to Mr. Saunders, told me he was not—I mentioned that before the Alderman—I know it is not in the deposition, but you will find it in the newspapers—I stated I had omitted to mention one thing, that Shrimpton said he was not going to Woolwich, and knew no such person as Mr. Saunders—I heard Mr. Alderman Gibbs say he might be admitted to bail—I bad a communication with Alderman Gibbs—I do not think Shrimpton heard it—I think he was in the dock—Mr. Alderman Gibbs called me up, and asked if I went to Shrimpton's place, and How I found it—I said there was an execution in the house, and I heard he had done his brother out of 30l., which he admitted to me and another brother officer—I was close to the bench when I told this—I cannot say whether I said it loud enough for Shrimpton to hear-after that Mr. Alderman Gibbs would not admit him to bail—he was bailed by Sir Frederick Pollock—I am not aware that I have ever made a mistake in charging a person—some parties swore that I called a respectable tradesman's wife a prostitute—the matter was inquired into, and I was fined 20s. by the magistrate; and that magistrate went up to the Secretary of State, and recommended me, or I should have been dismissed—it was "Johnny Walker,"the fighting-man's wife, and some others—they were singing and hallooing in thd street, at three o'clock in the morning; and I told them to go away, and she slapped my face—I told her her conduct was like a prostitute—that was what I said, and they swore that I called her a prostitute.
MR. PAYNE. Q. When was this affair of Johnny Walker, the fighting-man, and his singing wife? A. Three years ago—I did not call her so, but there were six to one against me—she told me she was a respectable married woman—I had time enough to see Shrimpton, and to be sure he is the person—I was watching them for ten minutes.
HENRY WILD . I am a printer, and live in Nag's-head-court, Grace-church-street. (I am no acquaintance of Trew—I mentioned what I had seen to one or two persons at the shop, and afterwards to Mr. Pelham—after I mentioned it to him, somebody came to me)—I was in Gracechurch-street, on the afternoon of the 1st of Aug.—I know Mr. Blight's, the stationer's shop, near Fenchurch-street—I was on my way to Leadenhall-street, about a quarter past three o'clock, and saw Trew, near a shoemaker's shop—he was
watching something across the road—I looked to see what it wag, and saw the prosecutor looking in at the window—Shrimpton was standing close behind him, and Williams was close behind Shrimpton—Williams was dressed in black, Shrimpton had a tweed coat on—I looked across for about a minute, and saw Shrimpton's hand pass the pocket-book to the other—I was going across, and an omnibus prevented me—I went back, and crossed—Trew had got across, and got the prisoners by the collar.
Cross-examined. Q. To whom did you first apply for the purpose of telling this story? A. There is a sealing-wax factory, near where I am employed—I went through there, and told what I bad seen—I cannot tell who wrote my evidence down—it was taken by a person at the public-house, over the way—the prosecutor was there, and Mr. Trew—when I first saw the prisoner, I was walking along, across from Lombard-street—I did not see Shrimpton's face, till he turned round to walk towards Fenchurch-street—that was after the pocket-book was taken—he walked as far as the corner of Fen church-: street, and then an omnibus hid the rest of my sight—Trew was near a shoe-' maker's shop-door, and I was near the end of the shop—the person's back was towards me, and I saw a hand pass—it was the hand of the person who turned round.
COURT. Q. Were you near enough to know whether it was the hand of the person in the tweed coat? A. I cannot swear to that—there were five or six persons round the picture-shop, but Shrimpton was nearest to the prosecutor—the stationer's shop was more opposite to me than to Trew—he would have a more side view—the man who stood nearest to the prosecutor was to my right, and Williams was rather farther to my right—the other persons who were there stood singly about the windows—there might be four on one side—none of them were so near to the prosecutor as the man in the tweed coat—they were on the side of him.;
Witnesses for the Defence.
JAMES DEAL . I keep the Mail-coach public-house, in Camomile-street—it is a licensed house—I have known Shrimpton twelve or fourteen years—I remember Saturday, the 1st of August—I saw him that day—he came to my house about ten minutes before three o'clock, in company with his brother Thomas; Mr. Bark, a farrier; and Mr. Hogan—they came in to have some I refreshment—I served them—I cannot say exactly what they had—I believe j Shrimpton had a glass of stout, and his brother also—while they were drinking, Mr. Richards, a neighbour, came in, to have a chop dressed—I said, "I think you are too late"—I looked at the hour, and it was seven or ten minutes (o three—we have a rule, and we never dress dinners for anybody after three—I caused the chop to be cooked—the prisoner remained at the bar, perhaps, ten minutes afterwards, or a little more—I can safely say ten minutes—they then left, and went outside—I heard them talking outside the door—I did not see them afterwards—I know Shrimpton as a respectable character—he and his brother are wheelwrights, and keep four or five men—I am obliged to close my house at twelve—I close it by my clock, and send my; beer out by it
THOMAS BARK . I am a veterinary-surgeon, and live in Swan-court, Bishopsgate. On the 1st of Aug. I met the prisoner, and his brother, and Mr. Hogan, altogether—I went with them to Mr. Deal's house—it must have been about a quarter or twenty minutes before three o'clock when we got there—it must have been about twenty minutes past three, or thereabouts, when we left—I had a glass of cyder—we then went out, and stood gossipping outside for some time—I then left them, as Thomas Shrimpton
went to speak to a man with a cart, and Matthew Shrimpton I left walkir towards his brother.
COURT. Q. Had you been half an hour drinking the glass of cyder? A. No, we were gossipping—we had been talking opposite Bishopsgate churc before—we remained together half an hour.
WILLIAM HOOAN . I am a carman, carrying on business in Foster-stree Sun-street, Bishopsgate. I was in company with Shrimpton on the 1st (Aug.—we called at Mr. Deal's, in Camomile-street—we remained there te minutes or rather better—I left first—I left Shrimpton there—we met a littl before three, and went to Camomile-street.
MR. PAYNE. Q. Where did you meet? A. In Bishopsgate-street,; little before three o'clock—I did not look at the clock, or at my watch-know it was a little before three, because I was going on a little business, ti receive money—I am a carman to anybody—I consider Mr. Shrimpton I very honest man—I have been in his debt very largely, and he has been kim to me.
MR. BALLANTINE. Q. Do you keep a cart and horse? A. Yes—I have two carts and a van—I have carried on the business fifteen years, but not ir the same place—I lived with Mr. Ashby, in London-wall, several years—I have known Shrimpton, and his father before him.
THOMAS SHRIMPTON . I am the prisoner's brother—we carry on btisiness together at No. 35, Curtain-road, as coach and cart wheelwrights—the business used to be my father's—I have carried on business there for thirty years—my brother has lived at home all that time, ever since he left school—he assisted in his father's business, and has since become partner with me—our business is a pretty good one—the house is our freehold—my father died three years ago—the keys which have been produced came from a country house at Wanstead, where my father used to live, and where he died—I was in company with my brother on the 1st of Aug.—I did not go out with him—I met him—I went with him to a public-house about five or six minutes before three—we left about ten minutes or a quarter after three—my brother left me—I do not know which way he went—I heard on the Sunday morning that he was given into custody—I and all the witnesses attended at the Mansion-house, and told this story to the Magistrate—sometimes my brother went out collecting as well as myself, and when he did not go out collecting, he was always at work in his business.
MR. PAYNB. Q. How long before that were you without speaking to him? A. We had been friendly for three or four weeks—he had not done me out of 30l.—what money he received was as much his as mine—he had received a sum of money, which caused us not to be friendly—I cannot tell whether it was 30l.—he had not robbed me of anything—it was receiving money for a new cart—it might have been more than 30l.—we had not spoken for some time—there was a truck bought at our place for 12.—it was not worth 3l.—it was worth 15s.—it was given up to the owner by his paying half the money—he said he had lent the truck to a man, and it had been stolen—we sold the country house—my father bought it—we do not buy keys in our business—we have keys come amongst old iron.
MR. BALLANTINE. Q. But these keys came from Wanstead? A. Yes—that truck was in the yard for six weeks—it was then brought out into the street with other things—two butchers went by, and said it had been got improperly—we made inquiries, and found it had been so, and it was given up by the man paying 6s.—that is four or five years ago, while my father had the business.
COURT. Q. How long would it take with reasonable walking, to walk I from Camomile-street to Queen-street, Cbeapside 1 A. I cannot say—a good I half-hour—my brother bad a tweed coat—not a light coat—he had no gloves I—I do not think he ever wears gloves.
MR. PAYNE. Q. Was there an execution in the house, and a man in I possession? A. Yes.
MR. BALLANTINE. Q. How came that execution? A. Through a I mother-in-law—a fourth wife of my father's—she put in the execution in I consequence of some money that we were to pay her.
Williams's Defence. I am a stranger in this place, and have no friends; I am a long way from home, and am placed in different circumstances to what I this man is; I was standing at the window of this bookseller's shop; I intended to go in for work, being a copper-plate printer; I had a book pushed I into my arms by a man dressed in black; it was not this man; a man taller I than him put it into my arms; I can swear it was not him; I never was in company with any one; I came into London on that day; I hare no witnesses; I give all the account a poor mechanic can give; I was out of employ, and was about to look to some of my trade to get work; I wish to ask Wild it he was watching us, what was the reason he did not go to the station.
HENRY WILD . I was going to No. 138, Leadenhall-street, on particular business—I did not go on Monday, as it would have detained me very much from my business—I happened to mention it to Mr. Pelham, and he said it was my duty to do so.
JURY. Q. Before the robbery was committed, had you noticed the dress of the man who stood close to the prosecutor 1 A. Yes, he had a tweed coat—he was of the same stature and bujk as Shrimpton—I did not see his face till he turned to walk away.
JURY to MR. TOWNLEY. Q. Did you see either of the prisoners till after you lost your book? A. No—it was in my left-hand coat pocket, behind—I had no pocket inside—my coat was buttoned on the breast—this book being large, would very probably show itself in the tail of the coat.
SHRIMPTON— NOT GUILTY .
WILLIAMS— GUILTY . Judgment Respited.
OLD COURT.—Friday, August 21st, 1846.
First Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Three Months
GUILTY . Aged 33.— Confined Three Months.
GUILTY . Aged 32.— Confined Six Months.
1562. DANIEL HAGGARTY was indicted for that he being in the dwelling-house of Edward Henry Blay, at St. Paul, Shadwell, did steal; 5 cigars, value 2d.; 3 cheroots, 6d.; 1 show-board, 1l. 4s.; 4 groats, and. j 70 farthings, his property; and did afterwards burglariously break out of the same.
EDWARD HENRY BLAY . I keep the Blue Eagle public-house, High-street, Shadwell—I know the prisoner as a customer—on or about the 21st of July, about half-past ten o'clock at night, I saw him standing at a door leading towards the cellar, and ordered him away—I went to bed at half-past twelve—I went round the house, and saw all the doors and windows safe—it was impossible for anybody to have got into the house after that—the prisoner must have got in between half-past ten and half-past twelve o'clock—I had cheroots, cigars, and other things on a board in the bar—the fourpenny pieces were in a tin box on the same shelf—they were all gone in the morning—there were four tills with a few farthings in each—the tills were pulled out and the farthings gone—the cigars produced resemble mine—this show-board is my property—it was only shifted from its place.
THOMAS SQUIRE (police-sergeant.) On the 21st of July, between three and four o'clock in the morning, I went with Smith to the Golden Eagle—I examined the bar, and found the four tills drawn out and nothing in them—I went to the side door, and found the bolt had been drawn—I found this box on the shelf and nothing in it—I looked round and saw two boxes, one con taining cigars and cheroots—I took one from each and found they exactly corresponded with what was found on the prisoner, which had been produced—I cannot swear they are the same—I went into the cellar and found a quantity of saw-dust in the corner, and knew somebody had been there—I went to the station, took the prisoner's shoes, and made an impression on each side of the two footmarks in the saw-dust, and am certain they corresponded exactly with them.
JOSEPH SMITH . At a quarter after three o'clock in the morning, I was passing by the Golden Eagle public-house—I heard somebody inside unbolt a door—I pushed against it, and found the prisoner inside behind the door with his shoes in his hand—I took him to the station, searched him, and found in his right hand waistcoat pocket 1s. and four fourpenny pieces, and about eight cigars and cheroots—the house is in the parish of St. Paul, Shadwell.
Prisoner's Defence. I bought the cigars.
GUILTY . Aged 22.— Confined One Year.
1563. WILLIAM RODGERS was indicted for breaking and entering the dwelling-house of Samuel Stapenell, on the 9th of July, at St. Leonard, Shoreditch, and stealing 1 pair of boots, value 10s.; the goods of Joseph Johnson.
JOSEPH JOHNSON . I live in the New North-road, in the parish of St. Leonard, Shoreditch—the prisoner lodged with me—on the 9th of July, about eight o'clock in the morning, I left the room window fastened—I left the door wide open—another person lived in the house—I came home about half-past eight, and found the window wrenched open with force—I missed a pair of boots—these produced are them—it is the dwelling-house of Mr. Samuel Stapenell.
JOHN EDWARDS . Between two and five o'clock I was at work near this house, and saw the prisoner look through the sash, then go and touch the street door, and nearly force it open—he then looked up at me, and asked me if the woman was gone out—I said she had—I looked about five minutes afterwards, and saw the prisoner inside Johnson's room, trying to push the window-sash down.
Prisoner. Q. you could not swear to me? A. Not at the first examination, but when you were cleaned up I said you were the person—I think it was at the third examination I identified you.
GUILTY . Aged 24.— Confined Six Months.
1564. ROBERT CARTER and THOMAS BURKE were indicted for stealing 1 china paste-pot, value 1s.; and 2 china ornaments, 1s. 6d.; the goods of Henry Wileman; and that they had both been previously convicted of felony.
WILLIAM CONWAY . I am shopman to Henry Wileman, of No. 98, New-road, Marylebone. About one o'clock, on the 17th of July, I saw the two prisoners and three others at the shop door—I was at the bottom of the shop—I watched them, and saw Burke take a paste-pot from the front of the shop and run away—I pursued, and overtook him in Lisson-street—I left Carter in the front of the shop—I saw the pot in Burke's hand—while he was running he threw it over a garden wall—a person rang the bell, and a party belonging to the house brought the pot to the door—this is it—(produced.)
CARTER— GUILTY . Aged 16
BURKE— GUILTY . Aged 16
Transported for Seven Years.
Before Mr. Baron Plait.
MESSRS. BALLANTINE and CLARKE conducted the Prosecution.
ANN SLOWMAN . I am a widow, and live in East-street, Limehouse. I had a daughter named Jane—she lived with the prisoner, at No. 6, Labour-invain-street, Lower Shadwell—they were not married—she lived with him about three years and a half—on Whit-Monday, the 1st of June, at half-past two o'clock, I left Labour-invain-street with her, to go to Stepney fair, to the prisoner, who was there turning a high turn-over—he was there all day—he gave 1d. for her and me to go into the turn-over, and gave her 1d. besides—I left the fair at half-past six, and came straight home—my daughter said she would go home and cook something for supper—I left her at half-past six, at the corner of Arbour-square—she was a little fresh then—she had had no spirits—she was not intoxicated—she had had a little beer—I never saw her again alive—nobody lived in the house but the prisoner and my daughter—they slept in the front room up stairs—the prisoner came to me on Tuesday morning, at seven o'clock—I was in bed—he said, "Get up, get up, old woman, for Jane is dead"—I said, "God bless you! is she?"—he said, "She has fallen down stairs and broken her neck"—I went with him to the house, and saw her body lying in the passage—there were a good many people round the house at the time.
Cross-examined by MR. DOANE. Q. How long do you suppose you and her were in the prisoner's company in the fair? A. About three quarters of an hour—directly we came out of the swing we came away—during that time the prisoner and deceased were laughing and joking—they were very friendly indeed, and they parted so.
JOHN HODGES . I am a lumper, and live in North-square, Globe-lane, Mile-end. On Monday, the 1st of June, I was at work in Stepney fair, from six o'clock till ten minutes after twelve at night—the prisoner was there all day, except about a quarter of an hour in the middle of the day—we left the fair together, at ten minutes past twelve—we went to the Prince of Wales, and had a pot of beer between four of us—I parted with him about half-past twelve, and did not see him again that night—he was quite sober then.
JOHN LEWIS . I live in Wapping Dock-street. On Whit-Monday I was living at No. 7, Labour-invain-street, next door to the prisoner—I went to bed close upon twelve o'clock—my wife did not go to bed with me—I went to sleep, and was awoke by a man singing out, "Jane,"in the street, three or four times—I heard somebody sing out, "What do you want?"—he said, "Come down, open the door, and let me in"—I did not know the voice that answered—I took it to be a female that answered, "I shan't, I shan't"—the person in the street said, "If you don't open the door, heave me the key down, my dear, and I will come in myself"—that was a man's voice—I heard nothing more—I did not hear the sound of the key being thrown down—my wife was sitting against the window, with her arm on the table, and the window up.
Cross-examined. Q. you had had some words with your wife? A. Yes, she was awake when I awoke—I asked her what it was—she said a man wanted to get in—I did not hear the prisoner knock at the door after the voice said, "I shan't"—I said to my wife, "Put the window down, I don't want to be disturbed"—I do not know whether that prevented my hearing the prisoner say anything—I did not hear him say he would go and seek a lodging else-where—I heard no more after that, and went to sleep not long afterwards—I was very tired.
HANNAH LEWIS . I am the wife of the last witness—on Monday evening the 1st of June I came home with him about half-past eleven o'clock—he went to bed, but I did not—I did not hear any knocking at the door that night—I heard the woman say "I shan't,"two or three times—(I was sitting up having had a dispute with my husband)—I heard the expression "I shan't"two or three times in a very thick-like voice—before that I heard a man's voice outside, crying out, "Jane, Jane, open the door."
Q. What did you hear first? A. Him knocking at the door—I then lifted up the window and looked out—he knocked some considerable time, and kept crying out "Jane"—the voice answered two or three times, "I shan't"—it was very thick, like a drunken person speaking—I cannot say whether it was a man's or woman's voice—the man hollowed out, "Jane, throw down the key, my dear, and I will let myself in"—I heard no answer to that—I heard nothing more than the man calling out, "Jane, let me in"—I heard a fall—I think it was a person falling from the top of the stairs to the bottom—I heard that before the man left the front of the house—he had not gone into the house, he was outside—I said to the prisoner after I heard the fall, "Father, she certainly must have had a drop—you had better break open the door"—he said, it was no use, he would go and get a lodging somewhere—he then went away—I continued at my window till he went away—I was at my window next morning about half-past five, or a little mores when my husband went out—I lifted up the window and saw the prisoner coming in a direction from Pope's-hill, right facing the door, coming towards his own home—I saw him come up to the door—he knocked again several times—I said to him, "Have you not got in yet?"—he said, "No, and I cannot get in"—that was all he said—I had been sitting up all night, but had not been at the window all the time—the prisoner did not go away then—my little boy was coming
along with a key in his hand, and he asked him to lend him the key—he tried my key to the door, but did not get in—about a quarter to seven, as near af possible, I was looking out of the window and saw the prisoner—he asked me if I would be so kind as to let him in through my house—I did so—there are some palings behind, dividing my house from his, he got over them—he rolled the water-butt edge ways, till he brought it under the back room window down stairs, of his own house—there is a window within the reach of a man standing up, and a window above that—he tried to get in at the upper window, but was not able to do so—I sent him next door for a small ladder—he returned with one—he put it on the edge of the water-butt, and climbed up, but he had a hard puzzle to get up—I said "Mind you don't fall down"—he got in at the window with difficulty—about five minutes afterwards I went round to the front of the house, looked through the key-hole of his door and saw him with a candle in his hand, trying to straighten one of the woman's legs—she was lying cross-ways in the passage, at the bottom of the stairs—it was about half-past twelve o'clock when I heard the fall—what I heard was apparently in the direction that I saw the body—it was in that part of the house—it was very dark in the morning—the prisoner had a candle in his hand—he put his hand round her head, and tried to lift it up, saying "Jane, Jane, my dear"—I believe he said that twice—I called Mrs. Mann to look in—she called to him through the key-hole, and then he came and opened the door—only Mrs. Mann spoke through the key-hole—I had not spoken—I do not think he knew we were outside till Mrs. Mann spoke—he had raised the head and called Jane before that—when he came out, I askedlim if there was any thing the matter—he clapped his hands together, and said "I am afraid there is,"and said he would go and fetch her mother—he closed the door, and said, "you women can clear me, for I am innocent,"and with that he ran away towards the bottom of the street, in a direction to fetch her mother.
Cross-examined. Q. you spoke to him several times—you then had your head out of the window? A. I had—it was a very heavy fall indeed that I heard, apparently from the top of the stairs to the bottom—I do not remember saying it was a dreadful fall—I have lived next door about five months—I was never in the prisoner's house—I know the situation outside of the back-yard—I have not seen the prisoner go in and out till that morning—I did not know him to my knowledge before that night—I was not acquainted with anybody in the street—I did not go to my work when I saw him go in at the back-1 ran round to the front, and asked Mrs. Mann to come and look—I peeped through the key-hole, and heard the prisoner addressing the corpse of his wife—I was curious to know what was going on in the house, after I heard the fall—I did not say, "Father has anything happened,"when he come to the front door—I asked him if he had been in, but when he came out I asked him if anything had happened—he said, "I fear there is—I will go and fetch her mother—you women can clear me, for I am innocent."
COURT. Q. Were you near the prisoner when you let him into your house? A. He went right through the passage, by me, and I saw him go over the palings, and roll the water-butt under the window—I did not observe anything upon hisclothes at that time—he had a blue jacket on—I did not notice whether it was buttoned at the sleeves, or whether the shirt was exposed, or the sleeves—I cannot say what waistcoat he wore—I saw nothing remarkable on his clothes—he looked up at me and said, "Will you be so kind as to let me in?"—he did not appear in the least excited then—if he had had blood on his clothes, waist-coat, and arm, I do not know whether I should have seen it—it was light enough to see it—he had a candle, because both doors were shut, and without the back door was wide open we could scarcely see one another in the passage—there are two or three bits of panes over the door, but they give no light—he
would have no light in the passage without opening the back door—that was shut, and the inside of the house was dark—it was light enough out of doors to see him—when I looked through the passage I could not see the back door—it was shut—when he went through my douse I could not see whether his back door was open—I saw him get on the water-butt—there are no cellars under ground—there is a small room to my house which runs out farther than my back door—this sketch shows bow the back door is situated—there are four rooms in my house—I saw nothing particular about his dress or in his manner.
ELIZA SLACK . I am a widow, and live at No. 5, Labour-invain-street, on the other side of the prisoner's house, which is No. 6. On Whit-Monday June the 1st, about half-past twelve or twenty minutes to one o'clock, I heard the prisoner come to his door—I had not gone to bed—I was sitting up for my two lodgers—I heard the prisoner knock at the door, and call "Jane"—I then went to the street door to see who it was—he asked her to open the door, and somebody inside the house answered, "I shan't"—he went away, saying he would go and get a lodging—before he went away from the door I heard a noise like a fall down stairs—the prisoner said, "Oh, my God! that woman has fallen down stairs"—I was then near enough to him to have touched him, if I had put my hand out—lie called out "Jane"twice after the fall, and knocked at the door, and then he went away, saying he would go and get a lodging, for he could not get in—I know nothing of what took place next morning.
Cross-examined. Q. you heard the fall very plainly? A. Yes—the prisoner called out again twice, but received no answer—there was no answer from inside after the fall—it was quite light at half-past seven o'clock on the 1st of June—I did not see the prisoner again until the policeman came.
COURT. Q. How late did you sit up that night? A. Till two o'clock—I dare say I slept well after I went to bed—I was not disturbed by any screaming or voice of distress—I can hear people talking in the next house quite plainly, and if there had been any screaming or voice of distress I could not but have heard it; it would have awoke me.
HANNAH LEWIS re-examined. I live at No. 7, on the other side—I was awake all night—the wall between the houses is so that I can hear people talking—I can even hear people walking across the room, or speaking—I did not hear the least noise in the house in the night, after the fall.
HARRIET MANN . I live at No. 8, Labour-invain-street. On Tuesday morning, the 2nd of June, about a quarter after seven o'clock, I saw the prisoner go to No. 6—he tried to open the door—he did not succeed—I gave him my key, as I was standing at my door—he tried to open it with that, but could not—when I gave it him he said it was all owing to liquor her tumbling down stairs—I told him I thought it was a pity he had not made some alarm to the neighbours—I had offered him my key before he asked for it—he tried the door, and could not open it, and brought it back—I persuaded him to go through the back way, to get in, and he went in through Lewis's house, and could not get in—he got a ladder, and got in1 came to the street door, and stood there till a person called me to look through the key-hole—I saw him with a light in his hand, trying to straighten her legs—I hallooed through the key-hole to him, and asked if there was anything amiss—he made no answer, but shut the parlour door, came to the street door, and said, "hope you women will clear me, you see I am innocent,"that is all—he shut the door, and went to her mother.
Q. When did you say it was a pity he had not made an alarm, you have not told the story as it happened? A. When I first saw him, when he first came up—I said what a pity it was he did not give an alarm—he told me she had tumbled down stairs.
Q. When did he tell you that? A. I am rather confused; it was before I gave him the key, I am sure of that—the beginning of it was, he tried the key belonging to the next house—it did not open the door—I gave him mine, and he said it was all owing to drink—I said what a pity it was he had not made some alarm—that was all that happened.
Cross-examined by MR. DOANE. Q. You saw him trying the key, Was, that the first thing? A. I was standing at my street door, and saw him at the bottom of the street—he was not passing my house—he came up to No. 6—there was no neighbour there—I did not see the boy at the bottom of the street give him the key—I saw him try the door with the key—I did not see anybody looking out of the window of the next house at the time—I saw him return the key to some one in the passage of No. 7—I did not see that person—I then gave him my key—I heard from the little boy of the woman's falling down stairs—I was talking to the prisoner about it, and he said it was drink, what a pity it was—I said, what a pity he had not made some alarm" 'to the neighbours—I did not know myself that he had alarmed the neighbours—I was not there at the time—I saw him some minutes before be got into the house—when he returned the key he was close to me—it was quite light—he had a blue jacket on—I noticed nothing particular about him.
COURT. Q. Do you recollect whether he had a light or dark waistcoat on A. No—I did not notice the wristbands of his shirt—if be bad had blood upon his wristbands, or the front of his clothes, it was light enough for me to see it—I saw nothing of the kind—he seemed very much hurt, and grieved, and distressed—he was crying in my house—that was after he had been into. his house—he seemed rather dull when I gave him the key I thought.
WILLIAM DARLOW . I am a scum-hoiler, and live at Jamaica-place, Lime-house, about half a mile from Labour-invain-street. I know the house, No. 6, Labour-invain-street—my mistress took the house—nobody lived in it but the prisoner and deceased—there was a private still in the back room down stairs—on Tuesday morning, the 2nd of June, a little after seven o'clock—the prisoner came to my house—I asked him what was the matter—he said his wife was dead, that he sent her home at one o'clock, he came home at three o'clock, and found she had fallen down stairs and broken her neck—I said, "Have you told any one?"—he said, "Only one party"—he did not men-tion who—he said, "I am now going to tell her mother"—as he was going out of the door be turned round and said, "For God's sake bear a hand to get away those things, for I do not wish to do you any harm, nor any one else"—I understood him to mean the still—he said he had left the back door unastened, that I could get in and get the things out the back way—I and my mistress went to No. 6, Labour-invain-street—I went through No. 7, and got in at the the lower window of No. 6—there was no fastening to the lower window I am certain, never since we had it—I occupied the two rooms down stairs, and the prisoner had the two upper rooms—we did not live there, but occupied the two lower rooms for the still—that was not his place, but there was no lock upon any of the doors—he could go wherever he liked—the prisoner or deceased had nothing to do with the still in my absence—I got the things out, and handed them to my mistress—there was a piece of iron used by me in the house—I was there at three o'clock on Monday, and put three iron hoops on a tub in the front room, with the piece of iron which I used instead of a hammer—I left about three o'clock, and left it upon the tub in the front room—this is it—(produced)—my wife was there until seven o'clock—the still was worked in the daytime—no person was left in charge of the still when I was away—it never worked when I was away, except my mistress was there—I never worked it myself—I am positive I left this iron upon the tub, the bottom of the tub, which was turned upside down—when I got to the
still that morning the fire was out—it was put out at seven o'clock—it was not exactly cold, because the bricks remain hot some time—it had ceased working at seven o'clock the previous evening.
Cross-examined. Q. His coming to you in the morning was to warn you of any danger you might incur by the Excise finding out the still? A. I believe so—I considered it so, and went to get it away—at the time he told me that his wife had broken her neck, he appeared very much agitated, as if he knew not what he was saying—there was no one else connected with the still—I never saw any one else go to it—it was known to the prisoner and the deceased—the deceased's mother knew of it—no one else—the prisoner told me he had unfastened the back door before he came away, so that I could get in that way—I did not open the back door—I got in at the lower window—I did not open the door, because the window was nearest to the palings where I got over, and I shoved it open—I did not look at the back door to see if it was fastened—it led round the corner of the house—it was a roundabout way of getting in—I got over a neighbour's palings, and carried the still over to the next door neighbour's—I cannot say whether the back door was unfastened—there was a fastening to the door, but not to the window.
COURT. Q. You took the still over the palings, between the yards of No. 7 and No. 6? A. Yes—I left all the other things behind—the worm and the wash—I left no spirit—I could not get the worm-tub out of the window—I took the worm from it—I could take it out without using any instrument—as soon as the arm is out the worm will fly out—I only used my bands—I was about ten minutes doing that—I chanced being disturbed before I had finished it—there were a great many people in front of the house at the time—the front door was shut—I took the things to No. 7—I went to a public-house, in High-street, Shadwell, and waited about half an hour till my mistress came—I did not join the crowd in front—I looked at the clock when the prisoner came to me—it was about ten minutes after seven o'clock—he appeared very much agitated and confused—he appeared not to know what he was saying—he went to the right from my house—I do not know in which direction her mother lived—he went towards the Commercial-road, in a contrary direction to Labour-invain-street—I cannot say whether my wife moved the iron—there is no tap to a private still—the spirit comes through a tin—a tin worm projects about an inch and a half through the tub—the moment the pressure of the arm is off the worm, it flies up.
MARTHA DA RLOW . I am the wife of William Darlow; we occupied two rooms, at No. 6, Labour-invain-street. We never lived there—we took the house—there is a private still in one of the lower rooms—on Whit-Monday, the first of June, I was in the house all day, and left between six and seven o'clock in the evening—I had been attending to the working of the still—I know this piece of iron—I used it that day to rake the fire underneath, and left it behind me when I left, but cannot say where—I did not see it after my husband left—I did not see it at all after three o'clock—I cannot swear I did not remove it, but I did not use it for the fire afterwards—I did not take it into the back-yard—the deceased was with me all day in my room till she went away to the fair at two o'clock—I did not see her again after that—when I went away at seven o'clock I left the still fire alight—there is no fastening to the back window—anybody might have got in at the back window from the outside—the prisoner had not been in the habit of being in the back room—I never saw him in it—he knew nothing of the fastening of the back room—he
has been in the front room—he had no right in that room—when I left at eight I bolted the back door, and nobody could have got in there.
Cross-examined. Q. Did not the deceased leave at three o'clock to go to the fair? A. Yes, she was with me till then—I cannot say whether I moved the iron or not, but I did not use it for the fire—I will swear positively I did not take it out into the yard.
JOHN ROBERT CRAFFORD I keep the Neptune coffee-house, High-street, Shadwell. On Tuesday, the 2nd of June, about half-past twelve or a quarter to one o'clock in the night, as near as I can tell, the prisoner came to my house, and had a cup of coffee—le went away about half-past one—he came again about half-past two or a quarter to three o'clock, with a man dressed as a coal-heaver—they were talking very friendly together—they had some coffee and bread and butter—after being there some time they were rather noisy and disorderly both of them—I said I should turn them out if they were not more quiet—the prisoner promised be would be quiet if I would let him stop—he had his head on the table on his arms, and sighed very heavily several times—the coal-heaver said, "Gatty,"or "Watty, what the hell is the matter with you?"—I thought they had both been to the fair, and enjoying themselves, but they were not intoxicated by any means—they were not quarrelling—they wanted to smoke, and I would not allow it—the coal-heaver began singing, and the prisoner joined him—I requested them to be quiet—the coal-heaver was the merriest—they stopped till a quarter to four o'clock, and went away together—it was daylight.
Cross-examined. Q. Was anybody else in the house? A. My sister served the coffee when they first came in'--there might be twenty or thirty people in the room the second time—he was there a good hour, from half-past two till half-past three or a quarter to four—I followed them to the door when they went out—I saw them going up the highway—I saw them go into the street—it was quite day-light—the prisoner had a blue jacket on—I saw nothing particular about his dress.
COURT. Q. He had his head on the table—were his arms down? A. Yes—I did not observe whether the sleeves of his jacket were tucked up—I did not notice the cuffs of his shirt—the gas was lighted in my room—I did not observe anything like blood on his clothes—I did not take notice—he did not throw himself about—he sat on the seat and sang—they both took their pipes out, and lit them—I did not pay attention to the cuff of his shirt when he raised his hand to drink—I did not see any blood—there was nothing remarkable on his dress—I do not recollect whether he had a light or dark waistcoat—I remember his blue jacket, and a blue handkerchief round his neck—I do not remember what trowsers he wore.
WILLIAM PODD . I serve in the bar of the Duke of York public-house, Shadwell, about five minutes' walk from Labour-invain-street. On Tues-day morning, the 2nd of June, about six o'clock, the prisoner came and had a pint of porter—I did not notice anything remarkable about his clothes or in his appearance—I cannot say whether it was before or after six—it might have been a little before.
Cross-examined. Q. It was very light then? A. Yes—I cannot say How long he staid there—I did not see him go out—I do not notice every one who comes in—I recollect the prisoner, because he was conversing with a sailor—the sailor did not come in with him—I opened the house about four o'clock—I know this was six o'clock rather than five, because it was very light at the time.
Labour-invain-street—there were not many people round the door—it w a closed when I went up—I looked through the key-hole, and saw a womal lying in the passage, apparently dead—I could see nobody in the house fetched a policeman, and told him to break open the door—he pushed it opei—I went in with other persons, and I believe the prisoner and the deceased'! mother went in at the same time—I saw the prisoner's dress at that time-1 saw him before he went in and after—my attention was not called to anj marks on him—one of the people who went in made the remark, why he dic not give the alarm sooner than he did—(the prisoner at this time was crying over the body, saying, "Oh, my poor dear creature!"—that was the first thing he did)—he said he did not like to give the alarm at that hour of the night, and for that reason be went to the coffee-shop, to get himself a cup of coffee till the morning—it was sufficiently light when I looked through the key-hole to see in what position the body was lying—it was lying askew in the passage—I was one of the first persons that went into the house—the feet of the deceased were about a foot or a foot and half from the bottom of the stairs—it was impossible for anybody to go out at the back door without stepping over the body—the back staircase is about two feet and half wide—I was not there when Mr. Ross, the surgeon, came—I was rather affected at the scene, and went home immediately—nobody touched the body of the deceased, to my knowledge, while I was there—I touched it myself with the back of my hand—I did not move it.
Cross-examined. Q. Did not you hear people in the house before you got in, moving away the still? A. Yes, I think I did hear somebody in the house—they were not there when I was there—they got away before I got in—I heard them while I was standing outside—I had done peeping through the hole—I drew my eye from the key-hole, and heard somebody in the house—I was induced to look through the key-hole by the people outside, who said there was a woman lying dead in the passage—I came back with a policeman about five minutes after that, and the prisoner and deceased's mother came up a few minutes after.
WILLIAM THURGOOD (police-constable K 308.) On Tuesday morning, the 2nd of June, about a quarter to nine o'clock, I went to No. 6, Labour-invainstreet—I heard a noise as of somebody moving inside—the front door was fastened—I knocked at the door—nobody answered—I broke in and found the body of a woman, but nobody else in the house—she was lying on the ground on her back, about a foot from the stair-case—the head was on the wainscot of the passage—she was quite dead—her feet were lying towards the stairs—the left arm was touching the wainscot—the head was near the left hand side of the wainscot—I observed the wall immediately above where her left arm laid—there were marks of fingers on the wall, as if the hand had scratched the wall—the marks as of two hands, and blood in the centre between the marks—it was about within her reach, where she lay—I did not notice her fingers—the prisoner went in along with me—he said he was sorry for it, sorry she was dead—he said nothing further—Townsend came up at the time, and then I took the prisoner in charge—I helped to carry the body up stairs—I did not move it till the doctor came—I found this piece of iron in the back yard—it had no marks of blood on it—the deceased's clothes were on—the iron was on the rail the fence is nailed to, outside the back yard—the paling is between Nos. 6 and 7—it laid on the rail that paling is nailed to, about three feet from the house—that would be a convenient place to lift a still over into No. 7 yard, out of the back room window, and anything else they wanted to get over—it was on the middle rail-1 saw where the still had been fixed—I saw no marks of any instrument being used to remove the still and the worm—the mat produced was in the passage when I went in.
EDWARD WANDERER TOWNSON (police-sergeant) On Tuesday morning, the 2nd of June, at half-past eight o'clock, I went to No. 6, Labour-invain-street—Dr. Ross and Thurgood were at the house when I arrived—I observed a mat lying in the passage—I took the mat to Dr. Leathby—it was folded in this manner (looking at it)—I observed a spot of blood on the second stair in the passage—it appeared a smear—there was no pool of blood-1 looked at the prisoner in the yard, and observed a large spot of blood on the left sleeve of his jacket—there was some blood on both his hands—I asked him How he accounted for it—he said he had cut his hand the day before at the fair, he had been turning the wheel of a round-about the day before at Stepney fair—I examined his hand, but could not see any fresh cut—there was a small scar on his front finger—it did not appear to have recently bled—it was a very small wound—I then observed blood on his jacket, and asked him How he accounted for that—he said, "Heavens knows, I don't know"—I asked him what time he came home—he said about seven o'clock, and found her at the foot of the stairs, with her head towards the front door—that he came through a neighbour's house, and got in at the back window—Dr. Ross asked him to show him which way he got in at the window—the prisoner placed the ladder against the wall, and showed him—he did not get in, he got up—he might have got in with difficulty—I look the prisoner to the station, took off his jacket and waistcoat, and observed blood on the waistcoat and inside the pocket of the jacket—I asked him How he accounted for the blood there—he said he supposed he must have got that by lifting the deceased's head—I asked him when he first went into the house if he touched the body—he said he merely touched the feet, and they were cold—that was when I first saw him1, 3 told me at the station-house he had merely raised the head—I searched the house, but found no instrument which could have caused this wound—there was a mark of blood on the wall at the bottom of the stairs, and a hand mark, as if from the finger-nails close by—an the 15th of June I took the jacket and waistcoat and the mat to Dr. Leathby's—I took an impression with Dr. Ross, of a handmark on the wall in the front parlour below stairs.
Cross-examined. Q. What was the colour of the mark? A. As if a hand had been drawn down the wall—it was in the front room, down stairs, not where the woman was—somebody seemed to have run her hand down the wall, as if falling—the wall was in a state of fermentation, steam, and had been fresh coloured over—it was an impression of fingers of a female's hand smeared down the steam on the wall—there was no appearance of blood—rubbing a hand would, have that effect—there was not more blood on the mat than you see—I do not think there was a cup full—I did not find any quantity of blood anywhere—if a person with a bloody hand touched the stair, I should say it would not, have produced the mark of blood—it appeared to be a round spot, not as if somebody had trod upon it, and smeared it with his foot—it was towards the back of the stairs—it appeared like a spot—I cannot be positive it was a spot—what I saw was a smear—you go to the door by a passage, and turn at a right-angle up the stairs—the spot of blood was from the direction of the passage, not towards it—I cannot say whether a person going up stairs might not smear it—the impression that I took from the steam on the wall corresponded with the deceased's hand—that was not blood—when I put the questions to the prisoner, I was in my uniform—Dr. Ross said he thought it doubtful if the prisoner had got in at the back window, and called my attention to it—the ladder was standing there—he would have to draw himself up with, his hands to get in at the window—he might have scratched his hand in getting in.
MR. BALLANTINE. Q. You examined his hand? A. Yes, there was a
small mark on the fingers—it did not appear a fresh mark—I did not observe any mark like a scratch.
COURT. Q. At the time the questions were put to him did he appear in a state of excitement? A. He appeared upset, and was crying—I cannot say that that was a condition in which I could expect a man to answer me—a pause occurred between each question, till he gave the answer, and then the next question was put—he was not crying when I asked him How he accounted for the blood on his sleeve and collar—the marks of fingers were about four feet from the door of the front room, and about three feet from the floor—not towards the still-room—about four feet from the passage—when you enter the passage of the house, the door of the room is on the right hand—there is not another door into that room—the door of the back room leads out of the front room—there is only one door leading to the passage—it is about eighteen inches from the foot of the stairs.
GEORGE LEDLEY . I am junior clerk at the Thames Police-court. I made this plan of the premises where this transaction took place—I have not given any scale of distances—it is a correct representation of the premises according to my inspection.
MRS. DARLOW re-examined. The tub on which the iron was was in the front room—the still was in the back room—the wash was kept in the front—the fire was in the back room—my husband had the iron to knock the tub with in the front room, and left it on the tub.
DANIEL Ross. I am a surgeon, and live in High-street, Shadwell. On Tuesday morning, the 2nd of June, I was sent for to a house in Labour-invain-street—I found the deceased lying on the floor, with her head on the mat, which has been produced, and her legs slightly inclined towards the foot of the stairs—the body was not lying so direct across the passage as it is represented in this plan—the head and left shoulder touched the skirting-board, and the feet were slightly inclined towards the stairs—she was some distance from the foot of the stairs—this other sketch is more like the position—her feet were about a foot from the stairs, taking a direct line across the passage from the stairs—I had her taken up stairs, (before that I had observed marks of violence)—I examined her person, and found on the head, cheek, and nose six marks—they put on the appearance of a dried state of the skin—it resembled very much like when a blister bad been applied to a child just previous to death—it was a very slight scratch on the nose—n the back of the head, rather at the right side, was a wound of a somewhat triangular shape, of a jagged and lacerated appearance—the bone was bare—it was through the scalp to the bone—the scalp was about a quarter of an inch thick—the wound took an upward direction—that wound itself was not the cause of death, but the skull was fractured at the part where the wound was—I have no doubt the rupture of the vessel of the brain was the cause of death—it is called the longitudinal sinus—there was nothing about her person to account for death, except that wound—I examined the staircase and the parts where she was lying, but saw nothing to account for that wound, supposing she had fallen down stairs—there was no hard substance on the mat on which she might have fallen to wound herself—there were no bannisters to the stairs—there were no projections against which the head could have gone while she was tumbling down stairs, except the stairs themselves—they were wooden stairs—there was no carpet on them—I examined them minutely—if the wound had been caused by the head going against the stairs, I shpuld expect to find marks of blood on the stairs.
COURT. Q. Do you mean to say there must have been marks of blood? A. Supposing she fell down stairs, and the blow was inflicted, the mischief must
necessarily have stunned her, and in the rupture of a vessel so large, death must have been almost instantaneous—that would certainly depend upon the momentum of the body—it is possible that the injury might have been caused by a blow on the stairs, and yet there might be no blood on the stairs, but according to my judgment it is improbable.
MR. BALLANTINE. Q. Supposing the blow bad occurred on one of the higher stairs, in your opinion must there have been blood on some of the stairs, if she fell down the rest—How many stairs were there? A. There were thirteen stairs—they were narrow and rather steep—she was a woman of middling height—if she had fallen backwards, I should have expected the wound to have taken a downward direction—had she fallen the other way, it would take an upward direction—the edge of the stairs would cut the back of the skull—supposing she was coming down stairs, and fell forwards, it would have taken an upward direction—if she missed her footing, or fell through intoxication, and struggled to help herself, it is possible she might have fallen so as to receive a wound in an upward or downward direction—I do not think the edge of the stairs would have produced such a wound----there was a minor wound beneath the larger wound—a portion of sound skin intervened, and the covering of the bone being removed as well as the scalps made me arrive at my opinion—the scalp was penetrated by two wounds—, there were two lacerated wounds—a vein was broken—it bled, internally beneath the membranes of the brain—that would press on the brain and destroy life—the vein itself was ruptured—it was a very strong vein—it would require considerable force to break a vein of that kind—examined the skirting-board, by the side of which the body was lying—the head war touching the skirting-board—I discovered no marks there—I examined thei front room up stairs, where the bed was, and perceived signs of vomiting which smelt very strong—I have no doubt it was the vomiting of a drunken; person—there was an impression on the bed, but it did not appear as if anybody had been in it—it was on the floor—it was a dirty foot-mark on it, and the sheet laid smoothly over it—the impression did not appear recent—the sheet was over it smoothly—I discovered some blood on the stocking of deceased's right leg, externally—there was no internal wound to account fdir, that—there was a great deal of blood on the matting, one portion of which; was dry, and the other in a fluid state—it was partly congested and partly dried—where the surface was only slightly covered with blood, it was dry, but where there was a good deal it remained moist—she appeared to have been dead from four to six hours—blood will flow some few days after death—I am not prepared to say How long exactly—there were three or four other mats in the passage, as well as the matting—I examined them, and discovered no appearance of blood on them—I examined the prisoner's jacket,—here are marks of blood about the arm—if my attention had not been called to it I should not have noticed it now, but when I saw it it was quite a bright red—it is on the outer part of the sleeve, particularly in the bend of the arm, and there was some on the left collar—there was some blood just outside the pocket—I do not think there was any inside—I examined his waistcoat, and found blood on the collar, on the left side, the same side as the pocket of the jacket—I examined the prisoner's hand—he had no wound which would have occasioned this blood—if the prisoner had lifted up the deceased's head, the wound in such a state would have occasioned blood marks on his person, if the blood was still flowing from the head; and blood might have been contracted by the blood left on the matting, supposing his hand to have gone on it—blood would flow from the head if it was raised some time after the blow was struck—I was present at thetime Dr. Leathby made experiments on the blood, but am not sufficiently acquainted with the tests to give an
opinion—I have seen the piece of iron—the wound might have been inflicted by that—the same wound could have been inflicted by the toe of a heavy boot—the toe of this boot, shown me by Sergeant Thurgood, might have produced the wound—in addition to the blood I have described, there were two or thee distinct jets of blood on the sleeve of his jacket—Dr. Leathby made experiments upon them—some of them were scraped off by him—I did not observe any artery ruptured—I did not examine the artery—it was a vein—I did not trace any artery—I am aware of the difference between the rupture of an artery and that of a vein—from an artery the blood would spirt out—I did not not observe the rupture of any single artery in the body on examining it—arterial is of a different colour to venous blood, but venous blood becomes heightened in colour when exposed to the air—when arterial blood spirts from an artery it takes a course—none would descend in drops, all would go up in a stream—the blood from an artery puts on an elliptical appearance and coagulates at the bottom—that is exactly the same as a drop which descends sideways—I am not prepared to say that there is anything particular in the mark one drop would make from another, only the blood from an artery comes in a distinct splash, and the other in a continual stream—I saw the jets of blood on the jacket in Dr. Leathby's presence—I am not prepared to swear whether it is arterial blood or venous—I first saw this instrument in the morning—I did not fit it to the wound—it might produce the wound—any instrument or contusion might have done the same—I went to apply the toe of the boot to the wound, but decomposition had advanced so that it was impossible to have said if the wound was inflicted by that—it might have caused the wound—the sides of the triangular wound were nearly equal, two inches on each side—most contused lacerated wounds of the head put on a triangular shape—a wound from a stick might produce a triangular shape—there is nothing particular in that shape—a wound inflicted by the edge of the stairs, or any blunt instrument, might have been triangular—whether the body comes to the instrument, or the instrument to the body, it would produce the same appearance.
Cross-examined. Q. When you first saw the woman, had she a cap on? A. No, I saw a cap up stairs—I saw nothing particular about it—the woman had not a great quantity of hair behind—it was down—it was not long hair—she was a middling-sized woman—I do not think she was so tall as five foot eight—supposing she had fallen down stairs violently from top to bottom, I found nothing to account for it, except the laceration of which I have spoken—I found no other wound—a person descending in that way, and tumbling against a projecting surface, would account for the wound I saw—the edge of the stair is a rounded substance—whether she fell backwards or forwards, it would account for that wound.
Q. Then it is probable that all these injuries might have been on the body of the woman, if she fell down stairs and struck against the stairs? A. It is possible all the symptoms might have occurred, but highly improbable.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
MARGARET HANNAN . I am the prisoner's wife, and live in Feathers-court, Drury-lane. On the 17th of June, Saturday, I was out all day with my husband—we caroused together at a public-house in the neighbourhood of Drury-lane—we both got drunk—to the best of my knowledge, we got home about half-past nine o'clock—we lived in the kitchen—we both went into the
kitchen—he was hammering a nail—he asked me for the ticket for his coat—I said I had it in my pocket—I had pawned his coat that day for half-a-crown—I had spent a shilling of the half-crown—I had handed a shilling of the money over to him—I had about 6d. remaining—I did not tell him that—when I handed him the shilling he did not say a word—he left off nailing—he was walking about the room, I cannot tell in what way, for I was intoxicated—we were both intoxicated—I went towards the kitchen door—I did not break it open, that I am aware of—the candle was thrown off the table—I did not feel anything done to me, but when I got to the step of the street door I found my neck bleeding, and pot up my apron to stop the blood—I do not remember any woman coming to me, or any one rendering me assistance—I found myself at Dr. Walker's, who sewed up my neck—I made no attempt on my own throat—I know I did not do it myself—I had no knife—I can use both hands, but use the left more than I do the right—I remember nothing further—when I got to the step of the door I fainted away—I do not know why I went up the kitchen stairs.
Cross-examined by MR. PAYNE. Q. Did not somebody come to the hospital to make inquiries soon after you got there? A. I do not remember that taking place—I do not know How this happened—but I found myself bleeding.
COURT. Q. Did the blood make you sober? A. I fainted—I did not feel anything till I got to the top of the stairs—I have been examined before Mr. Hall, at Bow-street—I did not swear there that I was not a left-handed woman—I said I could use both the right and left hands, but the left more than the right—I swear I do not know what happened in the kitchen—I was not in my right intellect when I was examined before at the hospital—I was in a dying state—I had erysipelas at the time—that impaired my memory—I must have been out of my mind when I made my second statement—I never remember a word I had stated at the hospital—I must have been out of my mind.
HENRY SMITH . I am house-surgeon at King's College Hospital. On the evening of the 17th of June the prosecutrix was brought there—I examined her throat—it had been stitched up, but I found it necessary to re-dress it—there was an incised wound in the right side of the throat, about four or five inches long, dividing the external jugular vein on the same side—it was about three quarters of an inch long, and an inch deep—it was a very dangerous wound indeed—I did not expect her to live at one time—an ordinary knife might have caused the wound—from its position, it is not at all likely she could have inflicted it herself—it must have been inflicted by another party, I think—it was not quite horizontal, it was diagonal.
COURT. Q. Have not a thousand people cut their throats in that direction? A. Not on that side—the person who made the wound must have done it with his right hand, but if the same individual did it he must have done it with his left hand—I watched the woman's hands at the hospital, and will swear she is not a left-handed woman.
Cross-examined. Q. Do you. mean she did not use her left hand at all? A. I do not say that—I did not make such particular observation as to see if she could use her left hand as well as her right—some people can do so; but I made particular inquiries about it—I cannot say from my own observation whether she is right or left-handed—I say another person must have done it, from the direction and position of the wound—I have seen cases of suicide; and all, without exception, have been either on the left side or in front, never on the right—I did not inquire whether those people were left-handed.
COURT. Q. If it had been the left side of the neck you would not have
doubted whether the right hand could have inflicted it? A. No—when a wound is inflicted by another hand I can tell whether the person uses his right band, by the position and direction of the wound—it would depend on the position of the persons; but it is my opinion that the man must have stood behind the woman, and drew his hand across the throat—it could not have been made by a marl standing in front of her—I particularly examined where the first incision was made—there is what we call a tail, in professional language—a wound is made in the skin before it gets to the deep parts, and that was particularly evident, showing that the incision must have begun, and got deeper as it went on—the tail of a wound is at both ends—we cannot tell at which end it began.
MR. PAYNE. Q. Supposing the man to have stood behind her, with which hand must he have done it? A. I should say his right hand—if he was left-handed, the incision would be on the other side—if a second person had done it he could not have been left-handed.
ELIZA NICHOLLS . I am the wife of John Nicholls, of No. 5, Feathers-court. On the 17th of June, between eight and nine o'clock, I saw the prisoner and his wife return home, and go into the house—in about five minutes afterwards I heard Mrs. Hannan halloo out, "Oh, oh!"—I was on the step of the door—I went to her door, and saw her just at the top of the stairs, close to the street door, bleeding from the neck—she had a white apron on—I said to her, "Peggy, what is the matter?"—she said, "The villain,"or "My husband, has stabbed me"—I cannot say whether it was one or the other—I called to Mrs. Paine, who lives in the house, for some water, and the policeman took Mrs. Hannan to Dr. Walker's—I did not go away—after she was gone, I saw the prisoner standing outside his own door—I did not see him come out—he must have come up the kitchen stairs without my noticing him, or he might have come from up stairs—he did not inhabit any part of the up-stairs, only the kitchen—they were both very tipsy—I saw Mrs. Collins there—she said to the prisoner, "you foolish man, go away"—his answer was, "No, I won't, I done it, and I don't disown it"—he was taken in charge very soon after.
Cross-examined. Q. you had been drinking with the woman that day? A. Yes, about five o'clock in the evening—I take in washing—I live with a coal-porter—I consider him my husband—we are not married—the prisoner has not complained of my drinking with his wife, over and over again—I was never a companion with her or him—I do not drink, because it is not in my power to return it—I had been drinking with her that day—I had not the day before, nor for months—she is a woman I never associate with—it is quite false that I, and she, and Mrs. Paine drank together continually—I have not told him his wife was quite comfortable, and asked him to come in himself and have something—Mrs. Collins is not here—her husband is a bricklayer—the prisoner did not say he had done nothing, and should not go away—he did not move—he had not time to move—I do not know whether he said he would not go—he said, "I done it, I don't disown it"—there were too many people round me for him to move—he had not the chance to go—he did not attempt to go away—I and Mrs. Paine are not very intimate—I never drank with her in my life except the day Mrs. Hannan asked us to go and have a drop of beer.
MARGARET PAINE . I am the wife of Thomas Paine, and occupy the parlour, No. 8, Feathers-court—the prisoner has the front kitchen. On the 17th of June, between eight and nine o'clock, I heard Mrs. Nicholl's call out—I opened my door, and she was calling me to bring her some water—I was alarmed at the time, and; did not bring it directly—I saw Mrs. Hannan fainting away—I did not notice her throat—when I brought the water she
was gone to the doctor—I turned round when I saw Mrs. Hannan and Mrs. Nicholl's, and saw the prisoner on the step of the kitchen stairs—I cannot say How many steps he was down—I cannot say How many stairs there are—there are more than ten—he was not quite at the top—he tucked up his sleeves, and I saw him smiling—I did not notice his countenance—I called him a villain—he went down stairs again—I called him a villain for cutting his wife's throat—the people had hallooed out that he had cut his wife's throat—in about ten minutes I saw him come up the kitchen stairs again—Mrs. Collins called him a foolish man, and told him to go away—he said he would not, he had done it, and he would not deny it.
Cross-examined. Q. How do you get your living? A. By following the market, and in winter I make caps with my husband—he is a capmaker-we were married better than six years ago—I never begged a farthing in my life—I never drank with Mrs. Hannan except that same day, and one day before, and Mr. Hannan was in company at that time—I have only had Mrs. Hannan at my lodgings one night—she walked in when my husband was there—I said to the prisoner, "your wife is here, very comfortable, come in,"and he would not come in—he did not say I ought to be ashamed of myself to encourage his wife—after going before the Magistrate the prisoner was out of custody for three weeks or a month—I know nothing about the door being broken the night before—I am obliged to be out with my flowers, and it might happen while I was out.
MR. DOANE. Q. When you drank with Mrs. Hannan, was the husband present? A. Yes.
WILLIAM POCOCK (police-constable, F. 14.) On the 17th of June, shortly after nine o'clock at night, I was at the station—the prisoner was brought there—in consequence of what I heard, I went to Feathers-court, into a front kitchen—I found two knives on the table, and one in the table-drawer—I observed no marks of blood on them—I examined the floor at the bottom of the stairs, and observed a female's capstring, and several spots of blood on the floor, and on the stairs—the kitchen-door seemed recently broken, it was unlatched—the prisoner was taken to Bow-street next day, and was ler out on' his own recognizances.
Cross-examined. Q. you examined his hands and found no blood on them? A. No—nor any blood except on the stairs—the prisoner was let out for a fortnight on his own recognizances—an officer went to the hospital and after that the prisoner was discharged, and the knives were given up to him—after that Mr. Hall went to the hospital, and the prisoner was taken in custody on the 8th, on a warrant—the woman was examined on the 14th of July, and on the 29th, at Bow-street, after she came out of the hospital—I believe Mrs. Nicholls and Mrs. Paine had not been examined before the 21st of July—the prisoner was taken again before his wife left the hospital, erysipelas having taken place—she was suffering under erysipelas when she was examined at the hospital on the 14th of July—she was very bad, and not expected to live, and the prisoner was apprehended that day—the officer who made inquiries at the hospital was not bound over—after the knives were given up to the prisoner, I got them from his sister-in-law—she is not here—I know they are the same knives, because I put this certificate on them—it is my writing, they were fastened together with this paper round them, and were in the same state when they were given up to him.
COURT. Q. When your attention was first called to the prisoner, did you speak to him? Yes—I looked at his hands, turned up his cuffs, and toot a general view of him all over, to see if there was any blood upon him—he seemed to know perfectly what he was about at that time.
MRS. HANNAN re-examined. I broke the kitchen door open myself—was drunk the night before, and broke the door he was mending that nigh—I threw a plate at him, which cut one of the children's heads instead of his—he is not left-handed.
(The prisoner received a good character.)
GUILTY on the 3rd Count. Aged 36.— Confined Twelve Months.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
WILLIAM WAINWRIGHT . I am in partnership with Augustus William Gadsden, junior—we are sugarrefiners in Crispin-street—Mr. David Gads-den is the uncle of Augustus William Gadsden, and is an agent for our house as colonial broker—Williams, Deacons, and Co., are our bankers—they are also the bankers of James Gadsden and Son—which son is the same gentleman as my partner—the prisoner was in the service of David Gadsden—I was in the constant habit of asking him to do little services for us when he came to our house from his master—he was not in our service at all—on the 22nd of June we had an account with Trueman and Cook, and another with Simpson and Scott, and wished to pay them for some sugars—one was a transaction of the 3rd of June, and the other the 5th—payment at the end of two months is called prompt, and if paid before, a discount is allowed—we wished to pay these-accounts before the prompt—the prisoner called at our office, and I drew the two checks—all except the amounts, and signed them—I produce them—the one which is filled up for 350l., was crossed "and Co."only, that was for Simpson and Co.—the other which is filled up for 500l. was crossed "Glyn and Co."—I told him to go to Simpson and Co., and if he could get the invoice of the sugar bought on the 3rd of June (which date he wrote on the back of the check himself), he was to fill up the check for the exact amount, less the discount, and pay it to them for their parcels of sugar, but if he could not do that, he was to fill it up for 350l., and give them the check on account of the sugar—he had no authority to fill it up for any sum whatever, without first going to Simpson, and endeavouring to get the invoice—he had no other authority whatever—the 500l. check was under exactly the same circumstances, that was to be paid to Trueman and Co.—I saw the prisoner frequently after that—he told me next morning he had filled the check up for 350l., and paid it to Simpson and Scott, on account of the sugar—I think he said be could not get the invoice, but am not certain of that—the checks were returned to us in due course as paid—I have since paid Simpson and Co. the 350l.
Cross-examined by MR. BALLANTINE. Q. The smallest sum for which the check was to be used was 350l.? A. It was—that was at a rough guess about the amount of the invoice, less the discount—it was less than he would have to pay, taking off the discount—the amount in the check, both in figures and words, is the prisoner's handwriting—we should be obliged to pay the full amount some time in August—it is to our interest to pay within twenty-one days after the sale, as there is an additional discount.
Q. Had not the prisoner perfect authority to draw the check and pay it, invoice or no invoice? A. No; he was to get the invoice, and if he could not to fill it up for 350l., but under no other conditions—it was on a Saturday—he had no authority to fill it up except for Simpson and Co.—he was to get the invoice at their place, but if he could not, to fill the check up there for 350l. and pay it to them on account.
Tower-street—we had a transaction with Wainwright and Co. on the 3rd of June—the prisoner did not, on the 22nd of June, or any other day, come to me for an invoice of that account, nor did he pay me 350l. on account, nor any sum—I have called since at Wainwright's, and they have paid me the full amount, 460l. or 470l.
Cross-examined. Q. What number of persons are in your employ? A. Four clerks—they are not here—whether any application was made to them or not I only know from themselves.
MR. CLARKSON. Q. No such check was paid to you nor to your account? A. No.
COURT. Q. Might an application for the invoice have been made to either of your clerks? A. Certainly.
WILLIAM FICKUS . I am clerk to Williams, Deacon, and Co.—James Gads-den and Son have an account at our house on the 22nd of June I received 933l. 10s. 2d. on their account—I believe it was paid by the prisoner—these three checks for 500l., 350l., 82l. 17s., and 13s. 2d. in money, formed that payment.
DAVID GADSDEN I carry on business at St. Helen's, as a colonial agent and broker—I act for Wainwright and Co., and James Gadsden—the prisoner was in my service—I have no banker, and was in the habit of paying sums to Williams and Co., on account of James Gadsden and Co., my relatives, for my own convenience, and drew it out through them as I wanted it—on the 22nd of June I gave the prisoner, to pay in to the account of James Gadsden and Co., a check for 82l. 17s., eight 100l. bank notes, and 50l. 13s. 2d. in money:—I wrote on the check the amount, and the name of the person to whose account it was to be paid, and here it is—I have written on this, 82l. 17s., eight 100l., 50l. 13s. 2d.—933l. 10s. 2d. that he might understand what he had to pay in—on the 20th of July, in consequence of information, I caused the prisoner to be taken into custody—till then I had no idea the money was not paid in as directed—on his being apprehended he gave me up 575l. in notes, among which were three of the identical 100l. notes I had given him on the 22nd—he was taken to the station, searched in my presence, and 201. more found on him in notes.
NOT GUILTY .
DAVID GADSDEN . I am a colonial and general agent—the prisoner was in my service—I am agent for Wainwright and Co., and James Gadsden and Co.—I occasionally pay cash into Williams and Co., to the credit of James Gadsden and Co.—on the 22nd of June I handed the prisoner, to pay them, on account of James Gadsden and Co., a check for 821. 17s., eight 1001. bank notes, and 501. 13s. 2d. in other money—I wrote on the check the amount, and on whose account it was to be paid—on the 22nd of July I learned that that money had been misappropriated—I then had him apprehended—he delivered me up 5751. in notes, and 101. 10s. in gold, and three of the 1001. notes were the same as I had handed to him for that payment.
WILLIAM WAINWRIGHT . I am a sugarrefiner, in partnership with Augustus William Gladstone, jun.—David Gadsden was our agent—I was in the habit of requesting the prisoner to pay sums of money for me, and have made him a present at Christmas—on the 22nd of June I had accounts with True-man and Messrs. Simpson for sugars—I had not received invoices from them—I delivered the prisoner two checks, signed and filled up in every respect except the sums—I directed him to go to Simpson and Co.—if he could get an
invoice to fill up the check, less the discount, and if not to fill it up for 350l., and if he could not get an invoice at Trueman's, to fill up the other check for 500l.—those checks have been returned to me as paid—I have paid Trueman and Messrs. Simpson and Co. the sums of 500l. and 350l.—the prisoner had no authority to pay the checks to Williams and Co. on account of James Gadsden.
WILLIAM SCOTT . I am one of the firm of Simpson and Co. On the 22nd of June there was an account between us and Wainwright and Co., for sugars supplied on the 3rd of June—I did not receive from the prisoner a check 3501. on that account—Wainwright and Co. have since paid me the account—this check never came into my hands.
JAMES FRANCIS WOOL . I am cashier to Trueman and Co., Mincing-lane. On the 5th of June we sold Wainwright and Co. sugars—the account was unsettled on the 22nd of June—no money or check of 500l. was paid to me—Wainwright and Co. have paid the amount of the sugars since.
WILLIAM FICXUS . I am a clerk to Williams, Deacon, and Co.—James Gadsden and Co. are our customers. On the 22nd of June I received on their account 933l. 10s. 2d.—it consisted of the three checks produced, and 13s. 2d.—I have no doubt the prisoner paid it.
Cross-examined. Q. Has cash been obtained for the checks? A. No, they are transferred from one account to the other, as the checks are drawn on our house—they went to James Gadsden's account.
Q. Has this sum been drawn for? A. They have drawn checks to a much larger amount since.
GUILTY . Aged 21.— Transported for Seven Years.
(Mr. Clarkson stated that the prosecutor's loss amounted to above 2,000l.)
NEW COURT.—Friday, August 21st, 1846.
Fifth Jury, before Mr. Recorder.
1569. THOMAS KELLY was indicted for stealing 1 purse, value 1s.; 4 sovereigns, 3 half-sovereigns, 4 half-crowns, 1 shilling, and 9 sixpences, the property of John Emons, from his person; to which he pleaded
GUILTY . Aged 19.— Transported for Seven Years.
GUILTY . Aged 19.— Confined Ten Years.
GUILTY . Aged 16.— Confined Seven Days.
(The prisoner's master engaged to take him again into his employ.)
GUILTY . Aged 16.— Confined Three Months.
1573. CHARLES BURNELL, JAMES TITLOW, MARY ANN STONNELL , and ELIZABETH REDDING were indicted for stealing 2 watches, value 1l. 10s.; 6 watch-cases, 10s.; the goods of Henry Puckridge; and that Titlow had been before convicted of felony.
BURNELL pleaded GUILTY . Aged 18.— Transported for Seven Years.
STONNELL pleaded GUILTY . Aged 16.— Confined Six Months. (Stonnell received a good character.)
THOMAS FISH (police-constable C 42.) I saw the prisoners Burnell, Titlow, and Redding on the morning of the 17th of July, about a quarter before four o'clock, in King-street, at the corner of Orange-street, Bloomsbury—I was coming down the street—they saw me, and they walked down Orange-street, round to the left, up Kingsgate-street, and round to Drake-street—I went round and met them in Drake-street—I stood in the middle of the pavement—they passed me, and two of them were obliged to go outside of me—I went round Kingsgate-street to King-street, and knelt down at the corner of the street—I saw Burnell and titlow at the prosecutor's door—I them take Stonnell from over the door, through the fan-light—they then all four walked away together, laughing and joking—they turned round Bloomsbury-square—I walked after them very steadily—I then ran round another way, and called to another officer to stop them—I sprang my rattle, and then saw Burnell and Stonnell at the corner of bedford-place—the other officer followed Burnell, and took him with the property—Stonnell ran round Bloomsbury-square—I followed, and took her—another officer came up—I told him the direction the other two prisoners had gone—he went and took them.
Cross-examined by MR. PARNELL. Q. Where did you first meet them? A. At the corner of Orange-street and King-street—I had not seen any of them, to my knowledge, before—I knelt down about forty yards from Mr. Puckridge's house—his window projects beyond the door—the door goes back, but there is a bend in the street—from where I was I could see everything--Redding was then standing at the corner of the street, apparently watching—when I got to the square, Titlow and Redding were coming down by the enclosure—I knew I could not take the four of them—if I had made an alarm, they would have made off—they ran like little deers—I did not follow them to Bloomsbury-square—I went round to meet them—I took Stonnell—she gave me such a chase—they ran different ways.
Cross-examined by MR. PAYNE. Q. The part that Redding took was to go and stand at the end of the street? A. Yes—I did not see her do any-thing, but apparently wait at the end of the street.
COURT. Q. What had you seen of Redding before? A. She had been with the others for a quarter of an hour before the robbery—I have no doubt of the persons of either of the prisoners.
JOHN CROW (police-constable E 62.) On the morning of the 17th of July I saw Burnell and Stonnell come round from Bloomsbury-square to bedford-place—I stopped them, and said-, "Halloo! what is up now?"—they made no answer, but looked behind them—in the course of a minute I saw Fish coming round from Southampton row—he said, "Stop those two"—I went to them—Burnell ran to bedford-place, and Stonnell the other way—Fish stopped Stonnell—I ran and overtook Burnell—I found on him this property—I took him back, and saw him look very hard at Titlow and Redding—I pointed them out to Upfold, and he took them—they were walking from Bloomsbury-square to Southampton-row, and apparently, Titlow had his arm over Redding's shoulder.
HENRY PUCKRIDGE . I keep a watchmaker's shop in Orange-street. I know nothing of Stonnell—on the morning of the 17th of July I lost some watch-cases, and two metal watches-these are them-they are mine, and worth about 2l.—on unlocking my shop door that morning I noticed a chair behind the door-the fanlight was open—it is a practical fanlight, and draws with a rope and pulley, to admit the air—I do not know whether the rope was cut—it was either cut or disengaged the fanlight would then fall suddenly-a person might get from the inside on that chair-they could not open the door when they got in.
Cross-examined by MR. PARNELL. Q. You have had a bar put up? A. Yes, but there was one beforethere was only eighteen inches cleat' space in the height, but I dare say it is one foot nine inches broad-the door of my house goes back about one foot six inches on the right side, and it bevils off towards Mr. Baxter's to about ten inches-his window joins my door-my shop door is perhaps about forty yards from the corner of Red Lion-squarethere is a slight bend, which would rather favour the view of the policeman.
Cross-examined by MR. PAYNE. Q. How high is this fanlight? A. About seven feet—I had left it a few inches open—I might have left it to a horizontal line-if a person were put in there, they would go plump in on the ground-these watches were in my window—I had seen them the night beforeto get into my shop you go through the doorway, and through an inner door.
FLORENCE HEALY (police-constable) I produce a certificate of Titlow's former conviction in this Court by the name of James Monk—(read-Convicted the 27th of Oct., 1844, and confined one month)—he is the person.
(Redding received a good character.)
TITLOW— GUILTY . Aged 18.— Transported for Seven Years.
REDDING— GUILTY . Aged 16.—Recommended to mercy.— Confined Three Months.
1574. FREDERICK EDWARD WEBB was indicted for stealing 72 yards of ribbon, value 8s. 8d.;-also embezzling the sums of 8l., 3l. 10s., and 8l., and 120 yards of lace, 9s., the property of Enoch Jones, his master; to which he pleaded
GUILTY . Aged 24.—Recommended to mercy.— Confined Six Months.
1575. JOHN JONES was indicted for stealing a 50l. Bank-note; 4 5l) Bank-notes: 3 promissory notes, 10l. each: 1 gold seal, 3l.; 8 rings, 12l.; 4 earring tops, 7l. 4 earring drops, 2l.; 1 pearl brooch, 4l.; 1 pencil-case, 5s.; 1 gold pin, 10s.; 2 diamond ornaments, 8l.; 2 gold buttons, 7s.; 1 cameo, 6s.; 1 pearl ornament, 2s.; 1 pair of spectacles, 6s.; 1 waistcoat, 3l.; 1 coat,' 1l.; 1 handkerchief 10s.; 1 miniature painting, 10l.; 1 ring, 1l.; 2 gold brooches, 1l.; 1 locket, 1l.; 1 pearl ring, 4l.; 1 glass ring, 1s.; 1 ring, 3l.; 4 gold seals, 6l.; 2 gold chains, 4l.; 1 gold eye-glass, 15s.; 3 brace-ties, 5l.; 1 gold pin, 10s.; 1 gold locket, 1l.; 2 seals, 1l.; 1 gold scent-box, 12l.; I gold brooch, 10s.; 1 ring, 9s.; 1 thimble, 12s.; 1 bracelet,.5s.; 1 door. key, 1s.; 1 neck-chain, 2s.; 1 miniature, 5l.; 1 row of pearls, 3l.; and. 1 pair of topaz earrings, 2l.; the property of Thomas Grosvenor, his master, in his dwelling-house; ANN STOKES for feloniously receiving part of the: said goods, knowing them to have been stolen, and that she did receive, harbour, and maintain the said Frederick Jones, knowing him to have committed the said felony.
MESSRS. ROBINSON and HUDDLESTONE conducted the Prosecettios.
MRS. ANN GROSVENOR . I am the wife of General Thomas Grosvenor, of No. 42, Lower Grosvenor-street, in the parish of St. George Hanover-square. The prisoner Jones was in our employ for about two months previous to the 10th of July—on that evening I was at the theatre with my son—I went to bed between eleven and twelve o'clock—I told the prisoner he might go to bed also—he appeared at that time to be perfectly sober—the key of the house is usually hung up in the entrance-hall—next morning I went to the General's dressing-room—there was a box there which had been corded and locked—I found the cord was taken from it, and the box was rifled of all its contents—I missed certain articles from the box, which were produced before the Magistrate—my attention was called to the General's writing-box—it was locked at the time, but I saw it opened—I do Rot know, of my own knowledge, whether there had been any money in it.
Cross-examined by MR. PRENDERGAST. Q. Did not Jones make a remark to you about the state of General Grosvenor's health? A. He did, he said if the General did not follow exactly the advice of the doctor, it was almost throwing money out of the window to consult him—that was not a remark he generally made—he had been up to this time a well-conducted servant—he had a good character from a former place—he had been house-steward to Lord Chesterfield—he had been assiduous in his attentions.
FRANCES PAIOA . I am housemaid to General Grosvenor. On the 10th of July I saw Jones in the General's dressing-room, about eleven o'clock—he asked me in a very careless sort of manner, what the General's blue box was—I told him it was the General's money-box—on Saturday morning, the 11th of July, I recollect going into the General's dressing-room—there had been a fire lighted by somebody on the preceding night, and there was a vast quantity of burnt paper—the only piece left unburnt was this—(looking at it) which is part of a letter—it was then about a quarter past seven o'clock—I went to call Jones about eight, and he did not make any answer—after the discovery of the robbery, I went to clean the grate in the dressing-room, and this piece of cord came down the chimney with my sweeping about-'—I had dusted the box myself on the Friday, and this cord was round the box—this is the key of the street door—on the Friday following I found some keys behind a lot of old books in the General's dressing-room.
Cross-examined. Q. When you called Jones, did you go into his bed-room? A. No—he sleeps in a place parted off from the entrance-ball—I opened the door at the bottom of the staircase, and called him—I went into the place he sleeps in, about nine—his bed had not been lain in.
EDWARD LAYTON . My sister keeps the George and Dragon public-house, in Greek-street, Sobo. On the morning of the 11th of July, Jones came there about ten minutes before seven o'clock—he came in alone, and was followed by a labouring man, the prisoner Stokes, and another woman—Jones ordered some whiskey when he came in—I did not serve him with that, but recommended him to take soda-water, and some was provided for him—the persons with him had some ale, which Jones paid for—the amount of the whole was ls.—he tendered a 5l. note to pay for it—he was a little intoxicated at the time—I sent the servant out to get change for the note, and I returned the full change to Jones—the two females had 1s. 6d., and he had four sovereigns and a half, and three half-crowns—he then had some more soda-water in the parlour—the labouring man went into the parlour with him—I ordered him out of the parlour, and he went into the tap-room—the two females were at the bar—Jones paid for the soda-water he had in the parlour, and some ale—he pulled out of his pocket three bracelets, a gold seal, and several other things, and
put them on the table in the parlour—he then left the house—I went into the parlour and found the articles on the table—I gave them to the policeman—these are them—when he left the house, he and Stokes went up the street together.
Cross-examined. Q. Were they all drunk? A. Jones was intoxicated—, the others were not—I advised Jones to have soda-water, seeing he was intoxicated—I did not know at the time who these articles belonged to—Jones had a very handsome waistcoat on—it was velvet and gold, I believe—this now produced is it—I did not notice that he had a common valet's jacket on—he had a hat, and a large wrapper sort of coat.
MR. HUDDLESTON. Q. Did he appear to be sober enough to know what he was about? A. Yes, he took the change out of the 5l. note—he counted it, put it into a piece of paper, and put it into his pocket—he walked steadily in and out.
JOSEPH SIIUTZ COLLINS . I keep the Hercules, in Greek-street. On Saturday morning, the 11th of July, about ten o'clock, some labourers came to my house, and Jones followed after them—he called for a pot of half-and-half to treat them, and after that for a bcttle of soda-water-1 then wanted the pay, and he said he had no money—he felt his pockets, and pulled out a bunch of seals, and wished me to take them for 4d.—I said ours was not a pawn-shop—I at last took the seals and locked them up.
Cross-examined. Q. He said he had no money? A. Yes—he had paid 6d. for a pot of half-and-half before that—he had a very handsome waistcoat on, a butler's under jacket, and a coat over it.
GEORGE POLLETT . I am a publican, and live in Hereford-street, Soho. Between ten and eleven o'clock in the morning, on the 11th of July, Jones came to my house, and I put him out—he came again in half an hour, and had a glass of ale—I asked for the money—he said he had got none—he pulled out a ring—he offered me a brooch—he took out all the things which lie on this paper—I took them and gave them to the policeman—I cannot tell where he went—he had a glass of ale, and has not paid me for it.
Cross-examined. Q. How was he dressed? A. He had on a spencer, a pair of slippers, and a pair of black silk stockings over them, which were all dragging on the ground—he sat down, and pulled them up—I did not exactly take charge of these articles—he shoved them to me, and said, "you may have them"—I wrapped them up, and put them into my pocket—I thought he was intoxicated, and would afterwards come for them.
ELIZABETH SAVAGE . I am the wife of John Savage, who keeps the Grapes, in Old Compton-street. On Saturday morning, the 11th of July, about a quarter past nine o'clock, the two prisoners came in together—Jones had a glass of soda-water—it came to 4d.—I waited, and asked him to pay for it—he said he had no money—Stokes said, "you have, Jones"—he unbuttoned his coat, and I saw he had a waistcoat on that looked very beautiful—he put his hand into his pocket, and pulled out a handful of jewellery, and a street-door key—this gold scent-box was one thing, and there were some others-1 gave them to Stokes—she stated she was his wife—he laid the things on the counter—Stokes said he bad money to pay—he moved these things two or three times on the counter—he put them towards me—I said, "No, I want 4d."—Stokes put them back again—after that Jones pulled out a sovereign-1 took my 4d., and gave him 19s. 8d.—seeing these things were moved about, I said to Stokes, "Are you his wife?"—she said she was—I said to Jones, "Is she your wife?"—he said, "Yes"—he immediately kissed her, and said, "What is that to you?"—I said to Stokes, "you are the best person to take charge of these things"—she took them in her hand,
and asked me for a bit of paper to wrap them in—Jones then went into the yard—Stokes waited a minute or two, and he did not return—she then asked me for a pennyworth of gin, which she paid for out of the 19s. 8d.—she then took the things and the 19s. 8d., and went to the door—I called her back, and said, "you had better take this key,"which was lying there—she took that with the rest of the things, and went off—Jones then came from the yard—I said, "your wife is gone"—he said, "Is she?"and then he told me she was not his wife—he sat down, and said, "I am a ruined man,"and began to. cry—he then took this gold chain off his neck, and threw it over the counter into the glass-tub—he had been drinking—he was not very drunk—I cannot tell How he walked.
Cross-examined. Q. Throwing that chain into the glass-tub was like a sober man, was it? A. No, I think more like a madman—he knew what he was about when he put the jewellery on the counter—he was present when it was given to Stokes, and when he had gone into the yard she went away—he took the things out and put them on the counter, and I told him he had better put them away—they were pushed towards Stokes, and she pushed them to Jones.
JOHN FISHER . I am a baker, and live at Cow-cross-street. I know Stokes—I saw her on Wednesday, the 15th of July, in Broad-street, Bloomsbury—she asked me to let her have a shilling or two, as she wanted to go down to Greenwich—she told me she had some property left her by a pensioner who had died there; that she had been down, and should have to go again, and she had no money; if I did not let her have some she must walk—she said she had the duplicateof a box pawned at Greenwich; that she had taken the articles out, which had been pawned for 12s., by the pensioner, and she pawned the box again for 3s.—she gave me the duplicate, and with it I redeemed this scent-box—I afterwards gave it to the officer Gray.
HENRY CASTLE (police-constable F 135.) On the evening of the 16th of July I took Stokes in Broad-street, Bloomsbury—I told her I wanted her to go to the station—she made no reply then, but, in walking along, she said she had nothing but 'what the man gave her, the change of a sovereign and the key—I had not said anything to her—when she was at the station she said she had had the change of two sovereigns; and in the morning, when I was taking her to the police-court, she said she had had a scent-box, and it was pawned.
COURT to ELIZABETH SAVAGE. Q. What were the other things that Jones put down and gave to Stokes? A. There was a bracelet, a thimble, a brooch, and an ornament for the hair—none of them are here.
JOHN GRAY (police-sergeant C 10.) On the 11th of July I apprehended Jones in Grosvenor-street, about one o'clock in the day—he was "sensibly drunk,"in a cab—I found on him a 50l. note, three 5l. notes, and three 101. Newmarket notes; some spectacles, rings, seals, and a brooch—I took them to the station; and in the evening, when Jones was sober, I told him the charge was for robbing General Grosvenor of a quantity of bank-notes and jewellery—he said he did not know what could induce him to do it; he supposed it was to make himself look big and flash—he said, "you found the money all right; I will defy you to prove that I changed any of it; I had a fiw shillings of my own"—on the day of the committal I asked what could induce him to burn the bank-books and the papers, and the General's will—he said, "If I did it, I do not know that. I did"—nearly all the articles have been recovered, and are here—a miniature, a row of pearls, and the topaz ear-rings, are still missing.
known Jones two months—on Saturday, the 11th of July, I saw him in the Seven-dials, about half-past twelve o'clock—he was drunk-1 had him put into a cab, and sent to Lower Grosvenor-street, and there the policeman took him.
Cross-examined. Q. I believe it was his wish to be sent home? A. No—he knew me, but he did not say anything about that—he was in custody of two policemen, who were taking him to Bow-street, being drunk, and I got a cab, and he was taken to General Grosvenor's—he was walking very well with the policemen—he had been drinking—he walked very well to the cab—the policemen asked him if he knew me—he said, "Yes."
ESTHER FRYER . I was in the service of General Grosvenor in the lifetime of the late Mrs. Grosvenor—I can identify some of these things as the General's property—this bracelet I know, and these seals—I would hot be positive about this scent-box.
(Jones received a good character.)
JONES— GUILTY . Aged 36.— Confined One Year.
STOKES— NOT GUILTY .
THOMAS EADY . I am a solicitor, and live in Clement's-inn; the prisoner was in my employ as clerk for three months. On the 6th of July I had a 10l. note, which I received from Twining's—I cut it in two, and inclosed one half, directed to Mr. William Allen Jones, in Dublin—I gave the prisoner that and the other half to enclose, telling him to put one in the post-office, and give the other to the postman—this is the note I gave him—five or six days after the 6th of July I asked if he had posted the letters, I not having heard from Mr. Allen Jones—he said he had—I asked him for a copy of the letter he bad sent, and he handed me this—(read)—"Clement's-inn, 6th July, 1846. Dear Sir, In this and another envelope I send you a Bank of England note, No. 59142, 4th May, 1846, for 101., the receipt thereof be pleased to acknowledge."—I afterwards made inquiry about the note, and ultimately found it.
WILLIAM SPIERS . I keep the Grosvenor's Arms, in Holywell-street, Westminster. I have known the prisoner two or three months—he was in the habit of using my parlour—I saw him about half-past seven o'clock in the evening on the 6th of July—he asked me if I could give him change for a 10l. note—this is the note—I have no memorandum on it, but I never took a note that had been cut in half since I have been in business before—I took the note up, and put it into my cash-box—I paid it to Mr. Langley with other money—I cannot say whether it was 20l. or 30l.—I am quite sure I paid the note the prisoner gave me on the 6th of July to Mr. Langley on the following day,
Prisoner. Q. Can you swear that is the note you took of me? A. No; but I never took a 10l. note cut in half before.
JAMES LANGLEY . I know Mr. Spiers. On the 7th of July he paid me about 25l.—he gave me a 10l. note—I cannot say whether this is the note, but it was a note that had been cut in half—I never took a note of any one in my life that had been cut in half but that—I paid it away to Mr. Templeman, the clerk to Bennett and Edwards.
Prisoner. Q. Have you ever been in custody on a charge of felony A. Yes, I was, and was honourably acquitted in this Court—the property was not found on me.
RICHARD TEMPLEMAN . I am wharf-clerk to Messrs. Bennett and Edwards, at King's Arms-wharf, Lambeth. On the 13th of July Mr. Langley paid me 10l.—to the best of my belief it was a 10l. note—I cannot swear whether it was this note—I put it into the desk, and paid it on that day, or the day following, into Ransom's Bank, Pall Mall.
THOMAS FARTHING . I am clerk in Messrs. Ransom's Bank, Pall Mall; Messrs. Edwards and Bennett bank with us. On the 14th of July, 253l. 14s. 6d. was paid in on their account—amongst the money so paid in was a 10l. note, L. B. No. 59142, dated the 4th of May—the year we do not keep—we paid the note into the Bank of England with a bundle of old notes.
MATTHEW PEAK . I am a police-officer in the employ of the Post-office. I received direction to make inquiries about a 10l. note—I got this note from Mr. Peacock's office, the solicitor of the Post-office—I do not know where it was obtained from, only from a circular which came from the Bank, saying it came from Ransom's—on the 22nd of July I went to Mr. Eady's office—I saw the prisoner there—I said to him, "Has Mr. Eady heard anything of the 10l. note he applied to the Post-office for?"—he said, "No"—I said, "Who posted the letter?"—he said, "I did"—I said, "Where did you get the note you changed at Mr. Spiers's?"—he said, "I shall answer no questions"—I found on him 2s. 1d.—I said, "What did you do with the change of the note?"—he said, "I lost that at a gambling-table."
GUILTY . Aged 21.—Recommended to mercy by the Prosecutor. Confined Six Months.
1577. JOHN WALKER was indicted for stealing 1 pair of sugartongs, value 6d.; 1 silver coin, 4d.; 2 shillings, 2 sixpences, 13 pence, and 57 half-pence; the property of William Spiers; to which he pleaded
GUILTY . Aged 28.— Confined Six Months.
OLD COURT.—Saturday, August the 22nd, 1846.
Second Jury, before Edward Bullock, Esq.
GREEN pleaded GUILTY .—Aged 18.
ROBERTS pleaded GUILTY . Aged 40.
Confined Eighteen Months.
GUILTY . Aged 28.— Judgment Respited.
GUILTY . Aged 11.— Confined Six Months.
GUILTY . Aged 12.— Confined Fourteen Days, and Whipped.
EDWARD OVERTON . I am steward of the steam vessel Griselle. About a fortnight before the 9th of August I was at the Gallic-tavern, Leman-street, in company with William Laurence, the other steward—we had a glass of gin, and after I came out, on feeling in my right-hand jacket pocket for my handkerchief, it was gone—the policeman afterwards brought the prisoner to me—this is my handkerchief—I had put it into my pocket, as I was going down stairs, two minutes before.
JOHN PERKINS (police-constable H 6) I was in the public-house—I took the prisoner into custody in the street opposite the tavern—I found the handkerchief concealed under his shirt—the prosecutor claimed it—the prisoner said at the station it was handed him by another person.
Defence. A boy came up, and said, "Will you mind this handkerchief? I will be back in half an hou."I put it into my pocket.
CHARLES RANDALL (police-constable H 18.) I produce a certificate of the prisoner's former conviction—(read—Convicted 7th Nov., 1844, and confined six weeks solitary)—I was present at the trial--the prisoner is the person.
GUILTY . *— Transported for Seven Years.
Before Mr. Baron Platt.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
WILLIAM CARR . I am in the employ of Mr. Walters, the landlord of the Guildhall Coffee-house. The prisoner was in the same establishment as cook, and had been there a considerable time—I knew the deceased Susan Tolleday—she acted as kitchen-maid—on Saturday, the 15th of Aug., about half-past twelve o'clock in the day, I was cleaning the windows at the front entrance of the hotel, which commands a view of the edge of the staircase—the kitchen is on the same floor as the staircase—I saw Susan Tolledav leaning against the bannister in the passage, holdng her hands up, with a knife in her right hand—I saw that her throat was cut, and blood rushing from it very furiously—I went to her assistance—she fell before I could get to her, before I took hold of her—I might have got to her before she fell, but I was confused at the time, and did not know what I did—she fell before I took hold of her—I then went into the kitchen, and saw the prisoner there—there was nobody else in the kitchen—he was in the act of pulling down his coat—he came immediately towards me—I said, "Dear me! what have you been at here?"—he said, I have done it; I wish you to give me in charge"—this was in the kitchen—he afterwards came out of the kitchen, near to where the deceased was lying—he said, "Don't take me this way"—he wished to go out at the back door—when the policeman came, I heard him say to him that he had done it, and wished to give himself up—the deceased remained where she was lying until the doctor came—I believe I have stated all that the prisoner said.
Cross-examined by MR. CLARKSON. Q. At the time he said he had done it, did not he say she had driven him to it? A. Yes, he did—he said, "She drove me to do it"—I believe he has been sixteen or seventeen years in Mr. Walters' service—I believe he was apprentice before he was head cook—I believe the deceased had been in the service better than twelve months—I have been there ahout twelve years—Mr. Walters is a kind and good master—I
never knew the prisoner otherwise than a quiet, inoffensive man, up to this time—I never saw any quarrelling but what is ordinary among servants—I believe he obtained this situation for the deceased.
COURT. Q. When you went into the kitchen had the prisoner anything in his hand? A. I did not observe anything.
THOMAS PHILLIPS . Last Saturday I was a waiter at the Guildhall Coffee-house. Not five minutes before this occurrence I went into the kitchen—the prisoner, the deceased, and a little girl, named Fanny Wittenhall, were there—Wittenhall was cutting French beans, and the deceased was also doing so, with a small white-handled knife—they sat at the kitchen table—the prisoner was at one corner of the table, in the act of taking some ducks from the table—I did not notice whether he had anything else in his hand—he had his cook's dress on and his apron—I stood there about a minute, then left, leaving them all three there—about five minutes after I left the kitchen, when I got back to the coffee-room, I heard a great bustle and screaming—I ran to see what was the matter, and saw the deceased in the act of falling on the mat at the corner of the stairs facing the coffee-room door almost—the bar is on one side, and the coffee-room door is opposite the bar, and the stairs at the side—the deceased was at the foot of the stairs—I saw blood gushing from her neck—as she was falling she said, "Oh!"—I applied a towel to her neck to staunch the blood—she was not dead, but died in about a minute—I was standing over her—in about three minutes, while I was standing over her, I saw a policeman in the passage, near the deceased—I saw the prisoner come from the kitchen with Carr, and heard him say, "I have done it; they have goaded me,"or" driven me to it"—I think the word was "goaded"—he said, "I have done it; they goaded me to it; I give myself into your charge"—he was then taken into custody by the policeman.
EMMA GREEN . I am bar-maid at the Guildhall coffee-house. Last Saturday, the 15th of August, about twelve o'clock, Wittenhall came to me at the bar—she is a little girl who assists in the kitchen—she came to me for a basin of milk and three eggs, to take into the kitchen—I gave them to her—she went towards the kitchen, and before she could have got back to the kitchen I heard her scream—I came out of the bar into the passage, and immediately saw the deceased coming from the kitchen, bleeding from the throat—she threw up her arms and said, "Oh!"—I immediately ran back into the bar, being alarmed.
Cross-examined. Q. I suppose you are not personally acquainted with the disagreements which occur in the kitchen? A. No, I do not know whether there was a man named Jones employed there—Collins is the scullery-maid—I believe there is a house-maid named Carter—she is called Margaret—Jane Todd is a house-maid there, and a boy named Pratt assists the cook.
FANNY WITTENHALL . I am twelve years old, and live in Half-moon-alley, Whitecross-street. For the last few weeks I have attended at Guild-hall coffee-house, to assist in the kitchen—I was there last Saturday, from nine o'clock till twelve—the prisoner was there, and Susan, the kitchen-maid—about twelve o'clock the prisoner sent me to the bar—he was at that time picking ducks, and Susan was stringing the beans—the prisoner had a black-handled knife in his hand, which he was picking the ducks with—Susan had a white-handled knife in her hand—the knife produced is such a one as he was picking the ducks with, and this white-handled knife is such a one as Susan had—when the prisoner sent me to the bar, he had a white jacket, a white apron, and a white cap on—he sent me to the bar more than once that morning—the first time I was sent back with a message to him—directly I went into the kitchen, he sent me again to get some milk
and eggs—I went to the bar, and was detained at the bar about five minutes I got the milk and eggs—I turned from the bar to go back into the kitchen, and as I went I saw Susan running from the scullery door—she had her throat cut—she got to the foot of the stairs, and then fell—I cried out, "Susans. and called Miss Green for help—Susan had such a knife as this in her hand, then (the white-handled one)—I went to the bar, and was taken home.
Cross-examined. Q. Had you been much in the habit of assisting in kitchen? A. I was there eight weeks last Monday—I did not hear deceased, on the 16th of August, call the prisoner a d—nation lair—S. Collins is scullery-maid there—she was in and out of the kitchen. recollect hearing the deceased say to the prisoner, "you took home some on Friday night"—I have not seen the deceased strike the prisoner, or thr knives at him—I have seen her bite him, not on that day, it was in the sa week—I have heard her use very bad, foul language to him—I never hei him beg her to be peaceable—I have not seen the scullery-maid, Susan, a the house-maid, Margaret, here—I have heard the deceased call the prism names when they were quarrellina—I never saw her take hold of him by t shirt, and tear the front of his shirt from his bosom—I have seen her b him, and heard her use very bad and foul language to him—I did not h(her use foul language to him on this day.
COURT. Q. Had they quarrelled that morning? A. Yes, about half hour before I was sent for the eggs—I did not hear her use any langua, towards him at that time—they quarrelled about the charwoman who w there—the cook said she owed him some money—she said she had paid hi—the deceased took her part, and told him he was not acting like a man, at he told her to mind her own business—that is all I heard—I believe I ha. seen her slap his face a week or two ago, not on Saturday morning—I w in the kitchen once, and saw her bite him—I do not know what they we quarrelling about—I do not know whether he had touched her before—she t him on the arm—I do not know that he was doing anything at that time-they were quarrelling—I do not know what about.
Q. What did they say? A. I do not know—when they quarrelled, the scullery-maid generally called me into the scullery—I was not in the sculler when she bit him—they were both using bad language—they had been quarrelling before she bit him—when he was bit he held her hands—I think h laid hold of her hands after the bite came—I did not see the blood come to that occasion.
WILLIAM CARR re-examined by MR. CLARKSON. Q. Have you knows that the deceased has been guilty of any acts of violence towards the prisoner? A. I have heard so—I have not seen her bite or strike him—I haw heard her use abusive language to him—I did not hear any on that morning—the abuse was all on one side, that I heard—I have always made it my business to get out of the kitchen directly, and cannot tell whether there wal abuse on both sides.
JOHN DELLOW (City police-constable, No. 433.) Last Saturday, about a quarter-past twelve o'clock I was called to the Guildhall coffee-house, and saw the deceased lying at the bottom of the staircase—I believe she was dead—I saw the prisoner standing close by her—he said to me, "I done it, policeman, take me in charge"—I took him to the Bow-lane station—in going along I asked him How he came to do it—he said she had been calling him all the names she could think of all the morning, and he had a wife and four
children—he was afraid of losing his place for what she had' said—when he entered'the station he addressed Mr. Woodruffe, and said, "Mr. Woodruffe, you know me, I done it, I was drove to it."
Cross-examined. Q. you took him almost immediately after the act—was he not in a state of the greatest possible excitement? A. He was.
THOMAS GELLATLEY (City police-constable, No. 137.) I was sent for to the Guildhall coffee-house last Saturday—Dellow had left with. the prisoner when I arrived—I saw the deceased lying at the bottom of the stairs with her throat cut—I went into the kitchen—Carr went with me—I found this knife lying at the corner of the table in the kitchen—I took charge of it—it was then covered with wet blood—I looked at the table—there were also marks of wet blood as if it had spirted from a person's neck—I examined the floor from that place to where I saw her lying in the passage, and saw a track of blood all the way—I saw a jacket, two aprons, and a cap on the table, about a yard from where the knife was lying—it was a cook's dress—they were lying in a heap—the deceased had this knife in her hand—(a white-handled one)—I loosened it—it was taken out of her hand—there were marks of blood on it and all round the place where she was lying—they must have proceeded from her throat—the knife was lying in the place where the blood lay.
Cross-examined. Q. you first stated you took this knife from her? A. No, it was loose in her hand, I loosened it in her hand—I, did not take it from her—I said I did not know whether I took it from her—it was not laying down by her side, it was in her hand.
THOMAS WOODRUFFE (City police-inspector.) On Saturday, the 15th Of August, the prisoner was brought to the station in Bow-lane, in the custody' of Dellow—the prisoner immediately said to me, "Mr. Woodruffe, I know you very well, I did it"—I asked him in what way?—he said, "I cut her throat with a knife"—I asked him if they had been quarrelling—he said, "Yes".-4: I then asked him where the knife was—he said, I should find it in the kitchen—I went to the coffee-house, and a black-handled knife 'was given me by Gellatley—it was all over wet blood—the deceased was lying on her back at the bottom of the stairs, with this white-handled knife in her right hand—I took it out of her hand—Mr. Coulson was present.
Cross-examined. Q. I believe she was grasping it firmly even in deatht if. Yes—I have known the prisoner for the last ten years—his wife was some relation to the deceased, I understand—I have always considered him a very humane man—I have heard a peaceable, good character of him—what he told me was true from beginning to end—the knife in the deceased's hand was wet with blood—the blade of it was wet with blood—it had not the appearance of having cut anything—the blood was not smeared along—it was-like drops of blood on it from a wound—I should think not the smear of blood which would take place from cutting—the coffee-house is in the parish' of St. Lawrence, Jewry.
WILLIAM COULSON . I am a surgeon, and live at Frederick-place, Old Jewry—I was sent for last Saturday—I ran and found the deceased lying dead at the foot of the stairs, with a knife in her hand and a cloth over her neck, where the wound had been inflicted—there was a good deal of blood on the knife—the officer took charge of it—there was so much blood on it, it is impossible to distinguish whether that arose from blood dripping on it in. coming from the wound—I removed the cloth from her face, and found a large cut, about four inches, across the centre of, her neck, and about: two' inches deep, dividing the carotid artery and the jugular vein—the separatiow of that artery would cause almost instantaneous 'death—this black-handled
knife is capable of inflicting the wound—the wound is so large that I conceive it more likely than the other—there was a smaller wound below the larger—that was merely superficial.
COURT. Q. Would such a wound be calculated to make the blood spirt out? A. It would—spirting from the artery and trickling from the vein.
JURY to FANNY WITTENHALL. Q. When you went for the eggs what were they wanted for? A. To make a pudding for the parlour dinner.
GUILTY . Aged 32.— Death.
(Unanimously recommended to mercy by the Jury, in consequence of his previous good character, and that, possibly, he might have received great provocation during the absence of the witness, Whittenhall.)
1583. FREDERICK JONES, RICHARD MOFFATT, JOHN ROBINSON , and EDWARD MEAGAN were indicted for feloniously assaulting Frederick Faulder, and stealing from his person 1 bag, value 3d.; and 1 jar of pickles, 2s. 6d.; the goods of John Faulder.
MR. PRENDERGAST conducted the Prosecution.
FREDERICK FAULDER . I am not fourteen years old. I am the son of John Faulder, and live at North-terrace, Globe-road, Bethnal-green. On the 10th of July, about eleven o'clock, my father sent me to Old Ford with a jar of pickles in a bag, to a customer—I went over Twig Folly-bridge, and on the bridge saw all the prisoners, and about twenty boys altogether—I was to meet my father on the bridge—I stopped on the bridge, and put the jar on the ground—I heard one of them, I believe it was Moffatt, say he had done a man out of his handkerchief, and if they worked pretty hard to-day they should earn 12s. that day—Jones said, "Yes, if we work pretty hard at smugging"—I crossed the bridge with the jar, and got right on the other side—five of them instantly followed me—the prisoners were among them, and another one, who is not taken—Moffatt laid hold of my shoulders, Jones held my arms behind me—Moffatt pretended to speak to me—he said, "Halloo, Frederick,"and put his hands into my right-hand jacket-pocket, and then into my waistcoat-pocket—I knew him well by sight before—Meagan took my jar and bag from me—it was not in my hand—I had put it on the ground before they came up to me—he had got three or four yards away with it and then stood still—he held it in his hand—Robinson came near me, held his fist up to me, and was going to spit in my face—Moffatt said, "Don't do that, let us do what we are about first,"and then Fossey, the one who is not taken, came up to me, and asked Moffatt whether he had got anything out of my pocket—he said, "Not at present"(I did not know Fossey by name before, but have heard the police mention his name since) the other boy then came and stood by the side of me—Robinson laid hold of my arm, and said he was going to look at my hand to see if I had anything in it, and the others stood on the other side of the bridge and saw it done—they did not do anything to my pocket—Moffatt put his hand into my pocket, and asked me if I bad a few coppers to spare—I said I had nothing for him in my pocket—some labourers came by, the prisoners then began to run, and Meagan dropped the jar—I called out for help just as I saw the men—in about a quarter of an hour my father came up—he went with me down Cut-throat-lane—the prisoners had gone down there—we found
the four prisoners there—my father asked them what they had taken out of my pocket—Moffatt said, "Oh, you may search me, if you like"—my father said, "No, I shall have you up in less than six hours"—my father went away from them toward the John Bull—they threw stones at him and called after him—my father found a policeman, and Moffatt was taken up in Green-street, which runs from Cut-throat-lane—he was coming up towards the bridge again with another boy.
Cross-examined by MR. PAYNE. Q. You did not lose anything? A. No—ft was eleven o'clock in the morning, broad daylight—there were houses not half a stone's throw off—a row of houses runs from the bridge—Meagan was not taken the same day—I did not know the men who came up—I swear Meagan touched the jar—I had not any coppers in my pocket—he put his hand into my pocket, and when he took it out he asked if I had any coppers to spare—the jar was taken away about four yards.
Prisoner Robinson. I have a witness to prove I was not there. Witness. I am certain it was him—I did not know him before—he had a blue jacket on, made of calico stuff—he had no handkerchief round his neck, his shirt was open—he had it buttoned up in front—it was a short jacket made of blue calico, nearly washed out—I am positive it was him, his face looked so brown—it was a round face—he had a cap on.
JOHN FAULDER . I live at Globe-road, Bethnal-green. On the 10th of July I sent my son out with a jar of pickles to Old Ford—I afterwards saw him on the other side of Twig Folly-bridge—he complained of being ill-treated and robbed—I went after the boys, and saw them in a narrow part—when they saw us coming down with a bag, five of them jumped to the top of the bank—I saw five of them when I went down Cut-throat-lane—I will swear the prisoners are four of them—I followed them down the lane—I asked my son who stopped him—he pointed to them all—I asked them what business they had to take the pickles from him—Meagan replied they had only asked him for a few halfpence—I said, "What business bad you to put your hands into his pocket?"—he turned round, and called my son a b--young thief, and jumped off the bank—I told them I would have them in less than two hours—I went to Old Ford and came back to the bridge with a policeman, and saw Moffatt and another walking up Green-street—my son pointed him out, and he was handed over to the policeman—he said he was not impudent to the gentleman—I looked at the faces of the five boys in Cut-throat-lane, and am certain the four prisoners were part of them—Robinson had a sort of sailor's blue short frock on—he had a bare neck, I believe, and had a cap on—I have not heard my son give a description of him—I was not in Court above two minutes while he was being examined.
Cross-examined by MR. PAYNE. Q. Did you say to your son, at Worship-street, "you stick to what I told you, or it will be of no use?" A. Never in my life—the father of one of the boys did not say, "Is that a father's advice to teach his son to speak against a poor lad?"—I am a commission-agent—the pickles were worth 2s. 6d., and the jar 6d.—they were not damaged at all.
RICHARD WALTERS (police-sergeant) I went with Mr. Faulder to Green-street, and apprehended Moffatt at one o'clock, and told him it was for robbing the boy in my company, at Twig Folly-bridge—I searched him—he had nothing on him—he said he was not saucy to the gentleman—I apprehended Jones the same evening, and told him it was for robbing a boy on Twig Folly-bridge—he said, "I did not do it, I sat on the bridge, and saw it done"—I searched Moffatt, and found nothing on him.
Cross-examined by MR. PAYNE. Q. Did you take Meagan? A. Yes, ten or eleven days after—I had not seen him before—I had been inquiring
for him from the time of the robbery—he was out of the way—I searched him—he had nothing but some victuals—he was going out to work when I took him.
DANIEL PRESTON (policeman) I apprehended Robinson the same night, and told him I took him for a robbery on Twig Folly-bridge—he said he knew nothing about it—he said he was not there—as I took him to the sta-tion, he said, "I suppose I shall get it as well as the rest because I was with them."
Robinson. I said, "I suppose I shall get it because I was in the field the same as them." Witness. He did not mention the field—he said he was with them—he did not mention the lane at all—I was present when Robinson and Jones were searched—I saw a nothin taken from them.
MR. PAYNE called
JOSEPH FRANK . On the morning of the 10th of July I was at Twig Folly-bridge, and saw four lads, and saw the prosecutor with his jar of pickles—Meagan was there—he did not touch the jar at all—there was a barge passing under the bridge—two lads ran down to see it pass—the prosecutor picked up his bag and pickles, put it down again, and said, "I am too wide oh"—I do not know what he meant—I did not see him come to the bridge with the pickles, but saw him standing there—they could not have carried it away before I saw them—it had been raining, and I stood under the bridge out of the rain, and so did they—when we came up this boy was resting with the pickles, and the boys ran down to the bridge—the lad removed the pickles, and said, "I am too wide oh"—nobody touched the pickles—I stood there till the lad left—I did not see his father—he did not come while I was there the prosecutor walked towards Green-street—Meagan did nothing—Moffatt was not there at all—two lads ran across the road and laughed at the prosecutor—one was a cross-eyed lad.
Cross-examined by MR. PRENDERGAST. Q. Where do you live? In Green-street—my mother keeps a butcher's shop there. I was passing over the bridge--there was a very heavy shower, and I ran under the bridge—it was after the shower that the boy said, "I am too wide oh"—I do not know whether he stopped on the bridge during the rain—when I came on the bridge he was there with the jar, and then he said he was too wide oh, and then moved, away—the two lads ran and laughed at him for saying those words—they never spoke—they laughed when he said it, and then ran away—it is not true that the father met the son on the bridge, and that they walked on together—I was going for orders to Mr. Gardner's.
EDWARD YORK . I sell fruit. On the morning of the 10th of July I was at Twig Folly-bridge, and saw the boy with the jar of pickles—the bag was twisted round his hand—Robinson was not there, but the other three were—Meagan was there—lie did not touch the jar of pickles—I stood there for twenty minutes—there was a barge passing under the bridge, and the boys got up on the bridge to look over at it.
Cross-examined by MR. PRENDERGAST. Q. Tell me all about it again? A. I was passing over the bridge, saw a boy with the bag twisted round his hand—two of the boys ran to see the barge pass—the prosecutor put his bag on his shoulder, and said, "I am too wide oh;"—the two boys laughed at him, then left.
Q. Repeat that again. (Here the witness twice repeated the above statement verbatim)—the father was not there—he never came up at all—I saw the boy going away—he turned back the way he had come, and went down the other side of the bridge, towards Globe-lane—I did not notice him go to. wards Green-street—there were some navigators passing on the bridge at the same time.
COURT. Q. When the navigators came, did the boys run sway? A. No—I saw the prosecutor come up to the bridge and put his jar down—there had been a shower of rain just before—I sat on the bridge—the other boys stood there, looking over—I did not see them under the bridge—nobody spoke to the prosecutor—when he put his jar down* he stood about eight minutes before he took it up—nobody touched his pockets—it was about five minutes after eleven—nobody has told me what to say—I am quite sure nobody molested the boy at all.
EDWARD MEAGAN . I am the prisoner's father. I was at Worship-street, and heard the prosecutor say to his son, "you stick to what I have told you, or it won't be of any use"—I said, "Is that a father's advice, to direct a boy to swear against a poor lad who is innocent?"—my son stopped at home from the time this happened till the morning he was taken—he used to go to work with me at Ditcham and Co., at Blackwall—I worked for Wright, a rigger, at the West India Dock-gates—I heard what I have stated before the examination—I did not tell the Magistrate what I had heard, because I thought it would be of no use—the witnesses were not allowed inside—I told the Magistrate I had witnesses for the boy, and Edward York gave evidence.
FREDERICK FAULDER re-examined. It did rain that day—I stood up at a butcher's shop till it was over, and then went to the bridge—it did not take me three minutes to get to. the bridge—I was a quarter of an hour on the bridge.
NOT GUILTY .
JOHN FIELDING DANIEL . I am an appraiser, and have lived in Vineyard-gardens, Clerkenwell, for many years. On Wednesday, the 29th of July, I was returning from Kensington—I turned into a place directly opposite St. George's Hospital for a necessary purpose, and found the prisoner in another part there—there was accommodation for three people—the prisoner pushed up against me—I asked him what he meant—I had unfastened my clothes—I asked what he meant—he said, "I want money, and money I will have"—I directly left the place—I said I would give him nothing—I did not continue for the purpose I went for—I left the place immediately—the prisoner followed me along Piccadilly, demanding money, or else he would charge me with a most shameful act—I had got near Park-lane—he said, "If you will not give me money give me beer"—I said, "I will give you in charge of the first policeman I meet"—he said, "If that is the case I will have the first pull"—I got to Park-lane, and seeing a policeman he said, "Take charge of this man"—I said, "It is a false charge"—I was taken to the station—the prisoner followed me, and gave me in charge—the inspector said he was bound to receive the charge, and could not take bail to any amount—I told the policeman, when he gave me in charge, that he had been trying to extort money from me, and at the station I told the inspector he had been trying to extort money from me, and if he took one charge he ought to take the other, but he did not—I gave him my card of address—I believe the prisoner gave his address.
Prisoner. He has taken a false oath; I went to make water; he was there; he pushed up against me, and passed his hand round, and caught hold of me; I collared him, and said I would give him in charge of the first policeman I met; this was opposite St. George's Hospital; he was taken to the station and locked up; I appeared next morning; three gentlemen gave him a character; he was then discharged, and I was put into the dock; he told the policeman I wanted to extort money; I never asked him for a penny.
Witness. I did nothing of the kind—I have been married thirteen years, and am the father of eight children—anything of the kind would be abhorrent to my feelings—my wife is now living—he followed me to Park-lane, and said, "If you do not give me money, will you give me beer?"—I said, "I will give you in charge of the first policeman if you do not go away"—he said, "If that is the case I will have the first pull"—I told the inspector at the station it was a false charge—I gave him my card and address—I have been a liveryman of London sixteen years—I made the statement at the station that I have here, and the inspector told me I could not have bail.
JOHN CLARKE (police-constable C 55.) On the 29th of July, about half-past ten o'clock, I was on duty in Piccadilly between Hamilton-place and Park-lane, and saw the prisoner and prosecutor upwards of 200 yards from St. George's Hospital—it is more than 200 yards from that place to the watering place there—one of the B division comes up to the watering place—they might walk from there to where I met them without meeting a policeman—they were both together, side by side, on the foot pavement—I was towards the houses—the prisoner was inside the pavement, and the prosecutor outside—the prisoner spoke first—he said, "I give this man in charge"—(pointing to the prosecutor)—I asked what for—he said, "For taking indecent liberties with me"—I asked where it took place—he said, "At the watering-place at Hydepark-corner"—Mr. Daniel said, "It is a false charge; he demanded money of me; because I would not give him money he asked me for beer; and because I would not give him money or beer, he said he would give me in charge of the first policeman he met, for taking indecent liberties with him"—the prisoner heard all this—I do not recollect his saying anything else, till he got to the station—I went there with them both, and was present when the charge was made—I have not got the charge-sheet—I had never seen the prisoner before, to my knowledge—they both appeared excited—I did not observe whether one held the other by the collar as they came along—they appeared going along in the ordinary way—I should not have noticed them if the prisoner had not spoke—the prisoner was dressed as he is now—the prosecutor had a light tweed wrapper—the prosecutor was locked up all night—he had stated to the inspector what he did to me—the charge was first made by the prisoner—we could not tell which was true—the prisoner attended before the Magistrate next day, and presented himself to be sworn, but a constable in Court knew him, and several people gave Daniel a good character—nobody appeared to give the prisoner a character, or give any account of him.
JURY. Q. Were the parties quite sober at the time? A. They were both sober.
GUILTY . Aged 19.— Confined Two Years.
(Two policemen, S 87, and E 166, stated that they knew the prisoner to be the associate of convicted thieves.)
JAMES CARR . I am a milk-man, and occupy a shop and parlour and first floor in Park-street, Dorset-square—the rest of the house is occupied by two lodgers—the landlord does not live in the house—his name is Richard Parsley—on the 22nd of July I went to bed at half-past ten o'clock, in the back room first floor with my wife—I was awoke a little after three in the morning by my wife—I got out of bed and found the bed-room door open, which I had shut myself—my wife was in bed before me—I went on to the landing-place, looked over the banisters, and saw a woman at the bottom of the stairs—I
went down, and saw her go out and shut the door after her—she had no shoes on—I followed, opened it as quick as I could, and saw the same person going down the street, about twenty or thirty yards from the door—she had no shoes on then—I called a policeman, who brought the prisoner back—she had no shoes on then—I asked How she came in the house—she said she did not know—I said "you must know How you came into the house"—she said "I must have been in liquor, the door must have been open and I found my way in, and knew not where I was"—I had never seen her before—she did not appear the least in liquor.
Prisoner. He came down stairs to me, asked who was there, and I answered him. Witness. I called out at the top of the stain, who is there twice, but heard no answer—she was there at that time—she made no difficulty in coming back with the policeman-the policeman asked if a man had brought her into the house, and I asked her if she had a latch key to come in—I said, "Did any man bring you in here?"—she said no, to the best of her knowledge—she utterly denied having a latch-key to open the door, and said all she had in her pocket was sixpence, which she produced.
JANE CABR . I am wife of James Carr—on the morning of the 22nd of July about three o'clock I was lying awake, and I heard something on the stairs—the room door was shut at the time—I looked and saw it gently open, but did not see any person—I asked who was there, nobody answered—I awoke my husband—he went down stairs and I followed him—he was out in the street before I got down—I looked out and saw the prisoner—I did not know her before.
----COOPER (police-constable D. 67.) On the morning of the 23rd of July, about three o'clock I was on duty in Park-street, Dorset-square—I saw the prisoner standing against the railings talking to a man—he appeared to be a cab-man—it was about twenty yards from Mr. Carr's house—I was within a yard of her—I had tried all the doors on that side of the street, and Carr's among them—it was quite safe—I never saw the prisoner before to my knowledge.
Prisoner. Q. you said it was half-past three at the office? A. No; I said three; she was standing opposite me; I am certain she is the woman.
RICHARD BIRT (police-constable D 70.) On the 22nd of July, about twenty minutes past four o'clock, I was on duty in Park-street—Mr. Carr called me to stop a woman who was running—she came right against me—she met me, I stopped her and took her back—Carr asked her How she got into the house—she said she did not know—she said she had been drinking, that she was drunk, and did not know How she got in—she afterwards said she believed the door was open—Carr asked had she a key?—she said "no"—she had no shoes on—I asked her where her shoes were—she said they were folded up in her shawl—I asked her to put them on, she took them out and did so—I took her to the station—a female searched her there and produced this key and a sixpence to roe, and said she found them on her—the prisoner heard that, and did not deny it—I have tried the key to the prosecutor's door, it opens it easily—I opened twelve doors in the same street with it, equally easy—in the morning the inspector asked her about the key—she said it belonged to her—she appeared very sober—her feet were very dry—she had no difficulty in putting on her shoes, that I noticed.
Prisoner's Defence. I do not know How I came into the house; I bought the key a year ago; my mother lives at No. 12, nearly opposite.
----FLYNN. I am the prisoner's mother—my house opens with a latch-key—I received the key from the landlord—I never suffer my children
to have it—this is it, (producing a key)—my daughter has a key, which she bought, which opens the door of my house—(the two keys being compared nearly corresponded in size, they had no wards.)
Prisoner. I took off my shoes that I should not disturb the people in my mother's house.
WILLIAM CHARLES ROSS . I produce a certificate of the prisoner's former conviction—(read—Convicted Dec. 1841, and confined four months, the last week solitary)—I was present at her trial, and am positive she is the person—I have known her five years.
GUILTY . Aged 24.— Transported for Seven Years.
GUILTY of an Assault. Confined Six Months .
NEW COURT.—Saturday, August 22nd, 1846.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined One Month.
GUILTY . Aged 26.— Confined Six Months.
SUSANNAH BRADLEY . I live in Cunningham-place, St. John's-wood, and am a widow. On the 17th of August, about half-past twelve o'clock in the day, as I was turning into Chancery-lane I was jostled by the two prisoners, and another—I had a purse in my pocket, containing five sovereigns, six shillings, and a sixpence—I at first thought it might be an accident, and took no notice—I was jostled again, and then thought it necessary to feel for my purse, and missed it—this is my purse—it has the gold and silver in it.
Cross-examined by MR. DOANB. Q. Have you not said that a person who is not in custody came close to you as you were passing along Fleet-street? A. Yes—that person first attracted my attention as following me—at that time I did not see either of the prisoners there—the other man followed me to the corner of Chancery-lane—I then crossed over to the other side of the lane—the other man crossed too—I went towards Cursitor-street, and so did he—I was jostled a second time—the two prisoners were on my left hand, and the other man on my right—my pocket was on my right side—they all three ran away—I am quite sure I am not mistaken in the persons of either of the prisoners.
Cross-examined by MR. PAYNE. Q. Where was it you first saw the two prisoners? A. At the corner of Chancery-lane—I was jostled there, and I believe I did not lose my purse till I got to Cursitor-street—it is a particular kind of purse—it was made for me by a friend—I have had it nearly twelve months.
COURT. Q. Have you any doubt of these prisoners being two of the three that jostled you? A. None at all.
THOMAS SMITH (City-police constable 270.) On the 17th of August I was on duty in Norwich-court, Fetter-lane—I saw the two prisoners and another, not in custody—they passed me, and went towards Fetter-lane—when I got to the top of Norwich-eourt, I saw the prosecutrix—I went and took Spring
out of a cab in Farringdon-street, within six or seven minutes afterwards—this purse was given to me by Robinson.
Cross-examined by MR. PAYNE. Q. What are you? A. A master sweep—there was a mob looking to see what there was—I did not see Spring in the cab—the officer was dragging him out—I saw this purse partly under the cushion and part hanging down—I took it to the station.
Cross-examined by MR. PAYNE. Q. What are you? A. A porter—I work in Farringdon-market, and live in Dean-street, Fetter-lane.
SPRING— GUILTY . Aged 22.
CLARK †— GUILTY . Aged 16.
Confined One Year.
(Clark received a good character.)
MR. CHARNOCK conducted the Prosecution.
CHARLES FENTON . I live in Clement's-lane—I do not know Mr. Radcliffe, but I gave an order for some glass to a person—the prosecutor sent me the glass—this is the bill of it—on the 3rd of July a person called for payment, and I paid it him—I cannot say whether it was the prisoner—I paid 3l. 9s. 9d.—this is the receipt he gave me—I saw him sign it.
AUGUSTUS RADCLIFF . I am a glass-dealer. The prisoner was taken into my service about the 10th of June, as a town-traveller, at a salary of two guineas a-week—I gave him instruction on the 3rd of July, or a few days before, to make out this account—this is his writing—I can swear to it—it was his duty to give me the money he received the first time he saw me—I saw him either on the 3rd or 4th of July, and asked him if he had been to Mr. Fenton's—he said, yes, and Mr. Fenton was out of town, and would be back in a fortnight—he never accounted to me for this money—I had other settlements with him—he did not say anything more about this money.
Cross-examined by MR. DOANE. Q. There was a transaction between you and him about a two-and-half inch pump? A. Yes—it was brought to my shop about the 27th of June—the prisoner said he had it to sell for a friend—the first sum named for it was 4l. 10s.—I did not agree to that—he pressed me, and at last 4l. was named about the 3rd or 4th of July—my agreement with him was, that when I could find a customer, I should give him 4l., and I had the pump in my shop—it was not mine—it was suffered to be in my shop—the prisoner never asked me to pay him for the pump when he had a settlement of his wages—I have no recollection of his asking me if I had disposed of it—he was sent to receive 9l. on a Saturday, and he did not come back that evening—I went and found him in bed—he got out, and took his purse, and paid me—I went to Gravesend, and received from my brother a note from the prisoner.
COURT. Q. Had you received the money for the pump on the 3rd of July? A. I have never received the money yet—it was sold on the 9th of July, and delivered on the 10th.
GUILTY . Aged 38.— Confined One Year.
(There were two other indictments against the prisoner.)
1590. JOHN GREEN and WILLIAM ATKINSON were indicted for stealing 1 tea-caddy, value 1l. 10s.; 1 pair of sugartongs, 1l.; 1 caddy-spoon, 5s.; 1 sugarbasin, 4s.; and 1/4lb. of tea, 4s.; the goods of Robert James Coxon; and that GREEN had been before convicted of felony.
LOUISA LOVEKIN . I am servant to Mr. Burridge—his house is nearly opposite to Mr. Coxon's—on the 14th of July, at half-past eight o'clock in the morning, I was at our second floor window, and saw two boys—I should know them again by their dress—I believe they were the prisoners—I saw the younger one with his foot on the top of the area steps, inside the gate—he then went in at the parlour window—I saw him come out again, and he then had something square with a handkerchief thrown over it—he put it under his arm—the other person, who I believe was Green, was outside the gate, near the area—the other person gave the parcel to him, and they crossed and went in a slanting direction towards Russell-square—they went away—I only saw their backs.
SARAH DAVIES . I am servant to Mr. Coxon, who lives at No. 1, Grenville-street—at half-past eight o'clock that morning I was cleaning the steps—I saw the two prisoners—I saw their faces—there is a public-house next to ours—one of our parlour windows was open at the time—I came up some time afterwards and saw the two prisoners kicking the barrels about—I went out on an errand, and when I came hack I found the tea-caddy, sugartongs, and tea all gone—they were my master's property—some tea and the bill of the tea have been found.
ROBERT JAMES COXON . I know this bill of the tea—it was under the sugarbasin in the tea-caddy—I missed the caddy, the sugartongs, the glass, and the tea—they were altogether in the caddy—this tea corresponds with mine.
Green's Defence. I was out on business, and was within a few doors of the prosecutor's house; I picked up the bill in the Colonnade-mews; I had had the tea some time; I was taken in the afternoon, and it does not stand to reason that I should have kept these things.
JOHN ROWE (police-constable E 91.) I produce a certificate of the prisoner Green's former conviction at Clerkenwell, by the name of William Atwaters—(read—Convicted 23rd Sept., 1845, and confined six months)r—the prisoner is the person.
GREEN— GUILTY . Aged 20.— Transported for Seven Years.
ATKINSON— NOT GUILTY .
1591. THOMAS CUNDICK, WILLIAM REED , and WILLIAM SATTINN WHITEFORD were indicted for stealing 4 bales of gunny-bagging, value 4l. 6s.; and 71bs. weight of cotton, 1s.; the goods of the London Dock Company, their masters.
MESSRS. BALLANTINE and HUDDLESTONE conducted the Prosecution.
JAMES BARWICK . I am a rag-merchant—on the 8th of June, between eleven and twelve o'clock in the forenoon, Cundick called on me—he said he had got about half a ton of gunny-bagging to sell in the docks, some was 4s. a cwt. and some 5s.—he appointed for me to go to the docks at three o'clock the same day—I was to go to the spirit-quay—I went to the dock rather before three o'clock—I saw a carman named Elstone outside the dock gate, and I went with him to the spirit-quay—I there saw Cundick and some loose gunny, and two bales were put up into the cart—I went away from the spirit-quay—I saw Cundick and Elston again in about an hour and a
quarter at the gate at which they came out of the docks—there was then in the cart the two bales that I had seen, some loose gunny, two more bales, and a pipe of wine—the loose gunny was about 2cwt. as near as I could guess—I paid Cundick 4l. odd for the gunny—my men afterwards opened these bales—I saw them after they were opened at my house—they contained gunny-bagging, a small portion of rope, and about 71bs. weight of cotton picking, which was fast to the inner part of the gunny-bagging inside the wrapper—I bought all the four bales and the loose gunny.
Cross-examined by MR. PARRY. Q. Is this bagging here? A, I do not know—I gave a portion of it to Mr. Clements—he took a sample what I gave him—the rest I had sold before it was applied for—I had a small portion of it, which laid about the warehouse—I did not tell Mr. Clements who I had sold it to—I am in the habit of buying gunny-bagging, not very extensively—it is a matter of regular sale in my trade—I am a marine store dealer, or a rag-merchant—I live at No. 1, Denmark-street—I sold the principal part of the gunny to a paper-maker at 5l. a ton—I made some of it into bags—it is made into a paper called Royal—it is not unusual for dealers to have gunny-bagging to sell in the docks—they buy in the docks and sell it out—I fetch it from the docks sometimes—this was the first time I went to the docks myself for it—I did not think I was doing anything wrong—it is to be purchased all over London, but I should say it generally comes from the docks—I think there were about three persons on the spirit-quay when I was there, and Cundick, I, and the carman—the bales were craned up.
WILLIAM ELSTON . I am a carman. I was at the London Dock entrance on the 8th of June—I was employed by Mr. Bar wick to cart some bales of goods—I went with him to the spirit-quay—I saw Cundick there—I had known him before by sight—I received from there two bales—I do not know what was in them—they looked like bales of rags, or something of that description—I then went to No. 2 warehouse, and Cundick went with me, where I received two more bales—having got the four bales in my cart, I got this pass (looking at it) to go to the general office, to pay the charges, and then I was entitled to go out with this pass.
SAMUEL GLASSINGTON . I am a labourer in the London Dock. I remember the day before the Queen's birth-day—I was assisting to load a cart in the spirit-quay—I believe it was on the 8th of June—I could not swear that Elston was the man who came with the cart—some loose, and two bales of gunny-bagging were put into it—Cundick and the prisoner Reed were backwards and forwards while I was receiving the bags—Cundick gave me orders about them—I believe Reed never spoke—I suppose it would take twenty minutes to put the bales on the cart—I was assisted by Penny—Cundick and Reed were backwards and forwards, doing their duty.
Q. What, superintending the loading of the bales? A. In general they have given me my orders—I will not swear whether I packed up these two bales—I have generally packed them up lately—I cannot swear that I saw these two packed—I have made up bales in the spirit-quay before the 8th of June—I packed up bales of gunny-bagging before—I did it by Cundick's orders—he is an extra man there, and Reed is a card man—the whole of the bales I have packed has been by Cundick's order—these two bales might have been some of those I packed up—there were no marks on them—to the best of my recollection, I believe, I did assist in them—John Hawks assisted me—Penny did not at all.
Cross-examined by MR. PARRY. Q. How long have you been in the Docks? A. About two years—I have known Cundick the whole time, but not to be connected with him—I was working in a shed—there was nothing
unusual in Cundick giving me orders—he was not always in the habit of giving me orders—he was with regard to the cotton—I do not recollect his giving me other orders on the 8th of June—he was in the habit of giving me orders—Hawks was not there—gunny is packed in a square box, we tread it down—it is then taken out of the boxes, and bound, leaving them there for delivery—to the best of my belief these two bales were packed by me.
JOSEPH PENNY . I assisted in loading a cart, in the beginning of June, with Glassington—I cannot speak to the day—it was loaded with rags, and two bales of gunny-bagging—there were no bales in the cart at the time, and I did not see any other bales go in—Cundick gave me orders in the prisoner Reed's presence—Reed only charged the scale with loose bagging—I have been in the docks five years.
MR. BALLANTINE. Q. Were the bales weighed A. I; asked if they were to be weighed, and Reed said they were not; it was all right—I do not know what was in them—by the outward appearance they were cotton rags.
JAMES REED . I am foreman of the back shed of the spirit-quay, in the Docks—this pass-ticket is my handwriting—I made it out in consequence of this order being presented to me—it is No. 48,577—to the best of my knowledge the order was presented to me by Cundick—I returned the pass-ticket and the order to him—that, on the delivery of the goods into the cart, would be a sufficient authority to the persons who make out the gate-keeper's pass, to take the goods out of the docks.
Cross-examined by MR. DOANE. Q. Why did you give the pass on receiving this order? A. From its being accepted at the office of the department—the gentleman's signature is at the corner, which was my authority—the name is Harrison—this was in every respect a proper document to present, and this was my warrant.
Cross-examined by MR. PARRY. Q. How long have you been in the Docks? A. Eighteen years—Cundick had been there upwards of twenty years, I believe—I am the brother of the prisoner Reed, and am foreman of the back shed spirit-quay—an order for getting goods out of the warehouse would be presented at the office of the department—there is an office for each department, called the warehouse-keeper's office—that is the office of my principal—Mr. Muggeridge is the warehouse-keeper of that office—it would t>e presented to one of the clerks in the office—Mr. Harrison is one—he is not here—the order would then be brought to the foreman of the warehouse, where the goods might be, for the delivery, and I was that foreman—this order came to me, signed by Harrison, and I gave the pass-ticket—after the goods are loaded, the order and the pass passes back to the same office again—the pass and the order are kept there, and a pass to the gate is given in lieu of the pass I give—it was Cundick's duty to be about there—I believe it was him gave me this—I was very busy—to the best of my knowledge, this gunny-bagging is sold on account of the dock company, when it is forwarded to their stores—I am not aware that the men themselves are in the habit of buying it—I believe cotton rags and gunny-bagging are the same thing.
MR. BALLANTINE. Q. Are cotton pickings and gunny-bagging the same thing? A. No—this order is for two bags of cotton pickings—this would not give authority to take out gunny-bagging.
COURT. Q. What is the difference between cotton pickings and rags? A. The picking is the pickings from the contents of the bale—the rags are the casing that is cut off—one is the inside, and one the outside.
of the original order and the pass-ticket—the original order and the pass-ticket kept are my authority for giving out the gatekeeper's pass—I have seen the prisoner Whiteford write, but very seldom—I believe this original order to be his writing, as far as I have had opportunity of judging from having seen him write—I believe this other order (looking at one) to be his writing.
Cross-examined by MR. DOANE. Q. Do you believe the signatures of these orders to be his writing? A. I have not examined the signatures—(looking at it)—yes, I do—I believe all of the orders and the signatures to be his writing—(these two orders were marked "C" and" X")
Q. Do you mean to swear that you believe the signatures "C. Clout" to one order, and "E. Busch" to the other, are both written by the same person, and are both the writing of? Whiteford A. They are not in Whiteford's writing, exactly as he ordinarily wrote—these signatures are not exactly of the same character of writing—a man may write several different hands—I believe these were written by Whiteford—I swear from having seen the general writing of Whiteford—this signature, "Busch," appears to me to be like his writing, or else I should not say so—it is the same character as the body of the order, only rather larger—this order, signed "Clout" is in a smaller, running band, and the signature, "Clout is rather in a round hand, but still a man can write round hand and running hand too—I do not recollect that I ever saw Whiteford write like this running hand—I have very seldom seen him write at all—I have seen him sign his name—I cannot recollect How long ago I saw him write, but within a couple of years perhaps.
Cross-examined by MR. PARRY. Q. Cundick cannot write at all, I believe? A. I do not know—I never saw him write.
MR. BALLANTINE. Q. Look at these orders again and earefully, you have had your attention called to them; do you believe the whole of them, including both the signatures, to be Whiteford's writing? A. I do believe them to be so, the whole—he has to write in the docks, and I have seen papers purporting to be written by him, and acted on them—it is on that I form my judgment—I have acted on those papers.
MR. PARRY to JAMES REED. Q. Can Cundick write? A. Very indifferently—he can scarcely write at all.
GEORGE MILLWOOD . T am a labourer, at No. 2 warehouse, London Docks. I assisted Jackson in packing a couple of bales of gunny bagging—I think it was the first week in June—it came out of the ships Lascar and Matthew Plummer—Cundick directed me to pack them—I do not know what became of them.
GEORGE FREDERICK FREEMAN . I am clerk at No. 2 office in the London-docks. On the 8th of June this order (" X") was brought to me by Cundick—it was my duty to examine it, and to notify whether it was correct—I referred to the book to see whether it was correct, and I refused to pass it—I took the order to Mr. Cohen, and gave it to him—I do not think Cundick went with me.
Cross-examined by MR. PARRY. Q. If the order had been brought to Cundick he would have had to bring it to you? A. Yes.
GEORGE COHEN . I am chief clerk at No. 3 warehouse, London Docks. These two paper's ("E" and "A") originally formed one pass—the upper one," E," bears my signature—I signed this on the production of this order and pass—this order ("X") is No. 58,322—it was brought to me by Mr. Freeman—he objected to accept of the order on account of the warrants not having been lodged—Cundick was present—he went away—I think he and
Whiteford came back, and I think Whiteford wrote this indorsement on thia order (" X") in the office, but I cannot swear it—I think this indorsement is his writing—I cannot say that I saw him write it—I think he came back with the order to get the pass, Mr. Freeman having refused to pass it for Cundick—I hardly know whether Whiteford said anything when he came—the goods were passed in consequence of this indorsement being written on the order—the order was taken away by Cundick, I presume, to go to Whiteford—when the order was taken away it had not this writing on it—when it came back with Whiteford it was on it.
Q. Look at these two orders (C and X) and tell me whether you believe them to be Whiteford's writing? A. I believe them to be so, and the indorsement on the back of X, I believe them all three to be Whiteford's writing.
Cross-examined by MR. DOANE, A. Look at them both—look at the body of this one, this running hand and the other? A. There is a similarity in the body of both—I cannot say whether the orders are the same writing as the signatures—in this indorsement there is the name of Whiteford—I think it is like the writing of these orden—I cannot recollect when I saw Wniteford write—perhaps it might be a month ago—I have not seen him write very frequently—I see his handwriting, but not often—I could not swear that this "E. Busch and Co." is Whiteford's writing—I have been in the service of the company twelve years—Whiteford has been there a long time.
MR. BALLANTINE. Q. Looking at these documents, signatures, and all, do you, or do you not believe they are in Whiteford's writing? A. The body of the orders is more in the handwriting of Whiteford than the signatures—I cannot say that the signatures are his writing—I believe the body and the indorsement to be his, and the signature of his own name—these goods would not have got out of the dock, if there had not been this indorsement by Whiteford.
JAMES FOSTER . I am a collector in the London Docks—this is my signature to this pass ticket (A)—the upper part of this (E) was brought to me attached to the lower part of it—it is signed by Mr. Cohen, it is an order for four bales of cotton pickings to go out of the docks.
HERMAN FOX . I am a merchant, and am in partnership with Mr. Edward Busch—we had cotton pickings in the London Docks, and always have—this order is not my partner's writing, nor was it written by his authority—he is never in London, and he writes quite different to this—it is not my writing, nor the writing of any body who had authority to make such an order.
Cross-examined by MR. DOANE. Q. You swear this is not your writing? A. Yes—we were constantly sending orders there for these sort of articles.
Cross-examined by MR. DOANE. Q. Are you in the habit of sending orders for this sort of article? A. Yes, frequently—my name would be familiar to the officers of the docks—this is very like my writing, but I am satisfied I did not write it.
told him the charge—he said he did not deliver four bales, that Reed delivered two of them—he asked to wash himself, he took up a wash hand basin for that purpose, and went on the landing-place—he dropped the basin, and went down, opened the side door and ran away—I followed and overtook him—I took Reed—Mr. Clements was with me.
JOHN CLEMENTS . I am a police-constable in the service of the London Docks—I went with inspector Walker to take Reed at his own house—I told him he would be charged with being concerned with Cundick in stealing four bales of gunny-bagging, the property of the London Dock Company, on the 8th of June—he said "you know, Mr. Clements, there were only two from our place"—I said "Yes, you are right, there were only two from your place, and two from No. 2, but the entry in Mr. Barwick's book is in your name for the whole"—he said "I finished loading the bales and Cundick went over to No. 2 about some samples"—I have been in the Dock upwards of thirty years—I have known Whiteford the greater part of that time—he was foreman in the cotton sampler's department, and had the management of the cottons—Cundick was an extra labourer—Whiteford knew the rules respecting the delivery of cottons—there is a description of stuff called gunny* bagging, goods come packed in it—if it becomes damaged it would be the property of the Dock Company—they would mend the bales and take the old pieces that come off—they are sent to the store, and sold in the Company's rummage sales—the gunny-bagging is packed up to be sent to the stores, but not anywhere else—Whiteford and Candick had no authority to get rid of gunny-bagging out of the Docks—these warehouses were in the Docks.
Cross-examined by MR. PARRY. Q. Are you the person who gives authority to take things out? A. No—I-know no labourer has authority to take things out—I should stop a man if he had but six inches square of this gunny—I presume that Glassington and Penny were acting under the orders of their foreman—I have known Cundick I should say about twenty years—I have heard he can neither read nor write.
MR. BALLANTINE. Q. Have the labourers any right to takeout the gunny-bagging? A. No, it was interdicted in 1810—it is sent to the stores—it was the duty of the labourers to pack it up in bundles.
Witnesses for the Defence.
JOHN WATKINS . I am a grocer and cheesemonger, and live in Silver-street, Stepney. I have known Whiteford about seven years—I have seen his handwriting frequently, and have acted upon it—it is my belief that this order, signed "Clout,"—(looking at it)—is not Whiteford's writing, either the body or the signature—on this other order, signed "E. Busch," I see Whiteford's name on the back, but the body is not Whrtefbrd's writing—not at all like it.
MR. BALLANTINI. Q. What writing dealings have you had with him? A. I have had letters from him—I have never dealt with him—I nave served him with such a thing as two tons of coals—I have been security for him at Loan Societies, perhaps three or four times, to small amounts—about 62.—I know he was foreman in the docks—I did not know his salary—I do not believe this order to be his writing—he writes a round hand, and this is a running-hand—I think this endorsement is his—the whole of the writing on the back, but not the body of the order, nor the signature—I believe this "E. Busch," on the back of this order, is Whiteford's writing.
Q. Look at the word "Clout" on this other order, what do you think of that? A. I believe that is not Whiteford's writing, it is a different character altogether—it seems a stouter character—there is a great deal of difference between this and the character that I have seen his letters made—I
have none of his letters here—I have been on the docks—I serve the Dock Company with goods—I have received instructions from Mr. Jenkins, the superintendent—they have given me orders for goods—I have not had a horse and cart there, to my knowledge—I have sent carts in with goods for the London Dock Company—I have had nothing brought out—I know "what gunny-bagging is—I have bought it of various persons—not persons employed in the docks—I swear I never bought it from the docks—I bought most of mine of Mr. Burge, at Bromley, and I buy it at another place in Osborne-street—none ever came out of the docks to me.
JOHN FOOTMAN . I am in the service of Mr. Clay, of Clerkenwell-close. I joined the police in 1830, and was on till 1836, when I resigned, and went into business—I failed, and then got into Mr. Clay's service—I had been six years in his service previous to joining the police—I have known Whiteford about twenty-two years—I am in the habit of seeing his handwriting—I do not believe any part of this order, signed "Clout," to be Whiteford's writing—nor any part of this order, signed "Busch"—this indorsement is like Whiteford's writing—that is not like the body of the orders—it does not correspond with it at all.
MR. BALLANTINE. Q. Are you receiving wages? A. Yes, 17s. a week—I became acquainted with Whiteford in 1824—I have seen his letters, and have seen his books—I do not think this "J. Clout" is his writing—nor any part of the body of this order—I have not seen these orders till I came into Court, and saw them now—I heard it rumoured about that Whiteford admitted that he wrote this on the back, and that he did not write the body of these two orders.
CHARLES M'CARTHY . I am a registered coal-whipper. I have known Whiteford nearly eight years—I used occasionally to get a day's work in the docks under him—I have looked over his books when he has called the men over in the docks—I do not believe this order, signed "Clout," to be Whiteford's writing—I never knew writing of this description to be in his books—this does not look like his writing by any means—I do not believe this order signed "Busch" is his writing, or the signature—nothing at all like it
MR. BALLANTINE. Q. You know the handwriting of Whiteford? A. I have often seen him write—I do not believe this indorsement to be his handwriting—I believe the name to be his handwriting.
(Whiteford received a good character.)
CUNDICK— GUILTY . Aged 49.— Confined Two Years.
WHITEFORD— GUILTY . Aged 46.
REED— NOT GUILTY .
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
GEORGE SPARKS . I am a sack and bag-maker, and live in Swan-street, Minories. Before the 27th of May I saw the prisoner Pottle in the London Docks—he asked if I would buy a quantity of rags—I asked if they were his—he said they were—I said I would buy them—he said he had got an order for them, and showed me a bit of paper, purporting to be an order—I did not read it—the goods were brought to me the next day by the carman Clark—I was to pay 5s. a hundred-weight for them—I cannot tell How many hundred-weight were sent, but I paid 4l. odd.
London Docks, by Mr. Nicholls—I saw Whiteford there—he told me there; would be two bales for me on the west quay—I went there, and ftmnd two bales—some of the dock people brought them out of the shed—Whiteford was on the dock—he told me to go to the new warehouse, where I got two other bales, and Whiteford told me to take them to Sparks, which I did—Whiteford gave me a pass to go out.
Cross-examined by MR. DOANI. Q. Is your master in a very large way of business? A. Not very—he has frequently five carriages employed—I am quite positive Whiteford was the man who called on me—I was not called to see him again till I was ordered to the office, a month afterwards—I stated he was the person.
HENRY GRAVELEY . I am foreman of the London Dock new warehouse—it is my duty to make out pass notes. On the 27th of May I was applied to by Pottle for a pass for two bales of cotton pickings—I refused the pass, because I had not seen the order, and had not seen the goods done up—in consequence of that, Whiteford came and asked me for a pass for two bales, and I gave it him without hesitation—he was in a position in the dock for me to consider his sanction sufficient—the pass and the order would be authority for the issue of a gate-keeper's ticket—this is the pass I gave—this other paper is the order Whiteford gave me—it purports to be signed by Clout.
Cross-examined by MR. DOANE. Q. To whom did you give this order when it came into your possession? A. To Whiteford—I know he gave it to me, and I firmly believe I gave it hack to him.
Cross-examined by MR. WILD. Q. When Pottle came up you refused to give him a pass? A. Yes, and I believe the words he used were, he would go and fetch Whiteford—Whiteford is a person in great confidence.
MR. BALLANTINE. Q. Would it be necessary to produce the original order at the gate? A. No, the order was produced to me, and I gave the pass-note for it.
FREDERICK WILLIAM HENSCH . I am a clerk in the London Docks—I signed this pass-ticket on the production of an order and a pass-ticket, signed by Whiteford—he produced the order and the pass-ticket to me, and I made out the gate-keeper's pass—to the best of my belief, the writing of this order is Whiteford's, except the signature, "T. Clout," which I know nothing of.
JOHN CLEMENTS . I have seen these papers and orders which have been given—they would be necessary for passing anything out of the dock—nothing would be passed out without the gate-keeper's pass—Pottle was in the employ of the docks thirty years—he knew tke nature of gunny bagging—he would have no right to remove them.
Cross-examined by MR. WILD. A. Pottle has been there about thirty-seven years, has he not? A. He has been there to my knowledge about thirty years—he has four or five children—he has told me he cannot read or write.
rope—he said he asked Whiteford in May if he could find him a merchant for some of these rags and gunny pickings—that Whiteford said he did not know, but he would see—that he packed them up, and Whiteford brought him a paper, and said, "you may now deliver the bags."
WHITEFORD— GUILTY . Aged 46.— Transported for Seven Years.
POTTLE— GUILTY . Aged 57.— Confined Two Years.
MESSRS. BALLANTINE and HUDDLESTON conducted the Prosecution.
WILLIAM CHILDS . I am beadle of Trinity-square. On the 15th of July, in the afternoon, I saw the prisoners Hall and Levett, about a quarter-past three, in the Minories—there was a wagon of Sir Charles Price's there—I watched it—Hall and Levett were with it—I followed them to the top of Houndsditch—they stopped there, and Hall got on the shafts of the wagon, and gave this bottle and basket out of the corner of the wagon to Levett—it was down in the corner, and could not be seen by a stander-by—there were anchovy-casks and oil-casks in the wagon—I followed Levett down Houndsditch about 100 yards—I said, "Where are you going?"—he said, "To an oil-shop down here, but there is a gentleman behind me that I am going to carry it for"—I told him he had better set it down, and stop till the gentleman came up—I took him into a coffee-shop, and detained him till the policeman came—this is the bottle and basket—I asked Levett what shop he was going to take it to—he said he did not know—I went to Sir Charles Price's warehouse, in William-street, Blackfriars—Hall was sent for into their counting-house, and asked if he knew anything about a bottle of oil that he gave to Levett—he Said no, he did not know anything at all about it—he afterwards said, why yes, he did, he had given him a lift with it out of the docks—I had seen Hall and Levett together between eleven and twelve in the morning, with the wagon, it was then going down Thames-street, towards the docks.
Cross-examined by MR. PAYNE. Q. Do you go wandering about out of your beat? A. My beat is anywhere—Mr. Price, Sir Charles Price's brother, was present when Hall was called into the counting-house—I did not examine Hall—I merely asked him questions.
MICHAEL MURPHY . I am a labourer in the London Dock—Schwartz is foreman of the oil vaults—I have worked under him about six years—on the 15th of July there were three casks of oil and one over-drawn cask in a vault in the London Docks—by Schwartz's order I took two jacks of oil out of the over-drawn cask and put into a bottle like the one produced—Schwartz assisted in doing it, and two more men assisted in it—Schwartz took the flogger in his hand to take the bung out—there was a hook near the bung—he could not get it out, and he struck the flogger on his finger—I took it and got the bung out, and then we let the cask down on its side and let the oil run out into the jack—we then sent the casks and the rest of the oil up stairs out of the loopholes—I and another man hooked them on—Schwartz had given me directions, and he went away—I could not see the oil put into the cart because I was down below.
Cross-examined by MR. DOANE. Q. There was some difficulty in getting the bung out? A. Yes, out of the over-drawn cask—there were a great many persons about—three or four of us were at this—a man named Barnby was there—I did not see Price's carman there—he was on the quay—he gives his order, and then he waits on the quay till the goods are got out—the carmen
men sometimes wait on the quay, and sometimes they come down to pick their loads out—he must be present to take his load in the wagon—he was not down below—I was down in the vault, and saw nc carman—I saw the three casks of oil—I cannot say what kind of oil it was—I can swear it was oil that came out of the over-drawn cask—Schwartz gave me and the other men who were present orders to fill this bottle—it was in a basket—then they were all hoisted up by the crane, and the men on the quay drew them up—I had nothing further to do with them.
WILLIAM BARNBY . I am an extra labourer at the London Dock—on the 15th of July 1 was in the vault with Schwartz and Murphy when they were getting the oil out—I was holding the cask up and they were putting it into the bottle in the basket—there were two jacks put in—I did not see it hoisted up—I was sent to another job by Murphy.
Cross-examined by MR. DOANE. Q. You received orders from Murphy? A. Yes, I was not surprised at receiving orders from him—he is our gangsman—there was a gang of men down below, and a gang above—a gangsman has four men—I believe Schwartz was foreman of the gang—I do not know who was foreman up stairs.
WILLIAM JONES . I am a labourer in the London Docks—I remember when some butts of oil were hoisted up from the oil vault—I helped to draw them up—there were three butts, an over-drawn cask, and a bottle in a basket—it was like this, but I could not swear it was this—the man that I was with put them into the wagon with the crane—Levett was there, and Hall was the carman.
Cross-examined by MR. DOANE. Q. Who did you get your order from? A. Very likely from Schwartz—Blouht might give me orders—I have been examined before—on my oath I could not swear that Blount gave me orders.
Cross-examined by MR. WILDE. Q. How many persons were there? A" Four and myself—there was the wagoner and other persons standing by—I had some beer when I went home, but I had none at the docks—I am not constantly at the docks—I am a permanent extra man—Barnby might be down below—he was not about me—I did not see him—I was at the top of the cellar loading, and busy about my work.
Cross-examined by MR. DOANE. Q. Has Schwartz got a desk on the quay? A. I have seen his desk in his box.
MR. BALLANTINE. Q. Is your duty, standing above to load'all the articles that come up? A. Not at all times, but it was that day—I saw the three butts and the cask and bottle come up—I loaded the whole of them—Levett and Hall were there.
JOHN WILLIAMS . I am vault-keeper in the London Docks—Schwartz is delivery foreman—it was his duty to receive such orders as this, (looking at one,) after its being presented at the office—I have got Schwartz's book here—on receiving such an order as this it would be his duty to see the goods mentioned loaded, make an entry in his book, and give a pass-ticket, after making the goods out in the vault—this book is in his handwriting—on the 15th July here is an entry, 3 casks of oil, 662 gallons, and 1 cask of over-drawings—here is no mention of a basket or a bottle—this pass is Schwartz's writing—this and the order would be given by him, to take to the gate to get the cooper's pass.
Cross-examined by MR. PAYNE. Q. Is not the practice this, a written order is first brought, and then a verbal order for the remainder of the order? A. Yes, the written order is retained by Schwartz till the whole delivery takes
place—the carman comes and asks for the remainder, and he takes what is given to him.
Cross-examined by MR. DOANE. Q. Then there was the exact quantity of oil that Price's wanted? A. I should say there was—on this occasion there was no written order in what form it was to go—verbal directions were authority for Schwartz in this case—he would obey the order of the carman—sometimes they bring all manner of vessels—when the casks are in a quiet state no mischief happens, but if they are driven over the stones the shaking would burst the cask—if they were left full that would be likely to be the case—if a man fears his casks are too full, he would send casks or bottles of various descriptions to get the overdrawn—there would have been nothing singular if Sir Charles Price had sent an article of this sort—the people at the gate check the quantity by seeing what the pass contains, and looking at the cart—Schwartz is foreman—he would receive his instructions from the foreman of the gang—they bring him the particulars of the casks they load—they generally put it on a paper, and from that he makes out the pass-ticket, and if that does not correspond with what is in the cart, the duty of the gatekeeper is to come and make complaints, if they have a greater number of packages than they ought to have, or if they have less most likely he would—I have heard of several mistakes—Schwartz had a great deal to do—he has one vault under his control, and a great number of arches, twenty-one one way, and twenty-five another—sometimes twenty-five or twenty-eight men are there—the foreman of the gangsmen comes and gives him certain papers, from which he makes out the pass.
MR. BALLANTINE. A. you mention three casks of oil, and one of over-drawings? A. Yes—the deductions that was necessary for the safe carriage of the oil, had been already made in the overdrawn cask—it would not have been necessary for any of the overdrawings—we do not take samples from these casks—if it had been necessary to reduce the quantity of oil in either of these casks, and put it into another vessel, it would have been Schwartz's duty to have entered all the number of vessels that went out of the dock—the effect of having only four packages entered on the pass-ticket would be that one package went out without any check whatever—when the order is presented they usually leave one cask, which is sent in by the merchant, which is applied to the overdrawings—after the overdrawing had taken place, and the casks bunged up, there could have been no necessity for drawing from the cask—if this bottle was hooked up at the crane, it would have been Schwartz's duty to have it entered in the pass—this pass orders the remainder of the oil, three casks, 662 gallons, and one cask overdrawings, to Sir C. Price—here is the filling and the overdrawing upon it, which shows it was the whole of the order.
WILLIAM CHILD re-examined, I saw these casks of oil, and took samples from them—it was obvious that the cask of overdrawings was not full—it was not half full—it was not necessary to take anything from that.
EDWARD KING . I am in the service of Sir Charles Price and Co., Blackfriars—this is my order—it was partly executed and partly left unexecuted—on the 15th of July it was fully executed—I gave directions to Hall to go for this oil—I did not give him any direction to take a bottle—there was no necessity for a bottle—it was apparent, from the sight of the cask, that there was no necessity for any oil to be drawn out.
Cross-examined by MR. DOANE. Q. This order had been written before t A. Yes, and lodged with the foreman.
Cross-examined by MR. PAYNE. Q. You sent the order when the first portion was brought away? A. Yes—Hall had been our carman, I believe, about ten months—he had brought the other portion of the oil.
(Hall received a good character.)
HALL— GUILTY . Aged 39.—Recommended to mercy by the Jury. Confined One Year.
SCHWARTZ— GUILTY . Aged 39.
LEVETT— GUILTY . Aged 57.
Confined Six Months.
OLD COURT.—Monday, August 24th, 1846.
Third Jury, before Edward Bullock, Esq.
1594. JAMES ANDERSON was indicted for stealing 1 mare, price 10l.; 1 cart, 5l.; 1 set of harness, 10s.; and 5001bs. weight of bones, 3l.; the goods of William Pierpoint; and that he had been before convicted of felony; to which he pleaded
GUILTY .— Transported for Seven Years.
1595. WILLIAM WAY was indicted for burglariously breaking and entering the dwelling-house of Augusta Catherine Davis, and stealing 1 thimble, value 6d.; the goods of Ellen M'Keevy, and 4 spoons, 85.; 2 yards of cotton knitting, 1s.; and 1 thermometer, 2s.; the goods of Augusta Catherine Davis; and that he had been previously convicted of felony.
WILLIAM LING (police-constable D 77.) On the 14th of Aug., about half-past one o'clock in the morning, I was on duty in Wimpole-street, and heard a noise as if somebody had jumped—I turned round, and saw a tall man standing on the cellar-flap of Mrs. Davis's house, and saw the prisoner jump off the leads of a jeweller's shop, come to the corner of Wigmore-street, and both of them ran down Wigmore-street—I sprang my rattle—the prisoner stopped, and began to walk—I went up and asked him what he did there—he said, "That man has struck me," pointing to the man who had ran away—I took him to the station, and found four silver tea-spoons in his coat pocket, and two silver thimbles, also some lucifer matches, and in his right-hand pocket two pieces of netting, a thermometer, and other articles—I went back to the place I saw him jump from, got on the leads of the jeweller's shop, and saw the sash of the drawing-room window shoved up—I gave an alarm.
ELLEN M'KEEVY . I am servant to Mrs. Davis, of Wimpole-street. About half-past ten o'clock on Monday night I went into the drawing-room, and put the window down which opens on to the leads of the jeweller's shop—I am sure I put it close down—I did not shut the shutters—I was not the last person up—I do not know whether anybody went into the drawing-room after me—I was alarmed next morning between one and two o'clock by the policeman—I went into the room, and missed my thimble and shawl; also, four spoons of my mistress's, which I had seen safe the morning before.
AUGUSTUA CATHERINE DAVIS . I am a widow, and live at No. 87, Wimpole-st., in the parish of St. Marylebone, and rent the house. I was alarmed about half-past two o'clock in the morning, I went into the dining-room, and missed four spoons—those produced are mine—this thermometer belongs to a friend, and was in my care—I had locked it up in a book-case two or three week* before—this net is mine, and was in a drawer in the spare bed-room.
Prisoner's Defence. I was returning home, and saw a man at the house—I
asked what he did there—he turned and struck me, and ran round the corner—I picked up the things, and went after him.
JOHN HART . I produce the certificate of the prisoner's former conviction from Clerkenwell—(read—Convicted 4th Dec., 1845, and confined three months) I was present at the trial—the prisoner is the person, and I have appeared against him since that.
GUILTY . Aged 24.— Transported for Seven Years.
CHARLES JOHN TYLER . I am a jeweller, and live in Brick-lane, in the parish of Christchurch, Spitalfields. On Saturday, the 15th of Aug., at one o'clock in the afternoon, I was at dinner in the back room, and had a full view of the shop window—a pane of glass was cracked—I saw the prisoner standing outside the window, with his arm through the pane, which I found was then broken—I instantly ran out—he was running away—I pursued, and saw him drop two brooches—I took hold of him, returned to the spot, and picked up two brooches—those produced are mine, and were safe jost before—I lost a seal, which has not been found—I was foolishly persuaded to let the prisoner go—he came back to the side of the window—I took him, and kept him—I am sure he is the boy.
GUILTY . Aged 17.— Confined Twelve Months.
Before Mr. Baron Platt.
(The particulars are too indelicate for publication.)
GUILTY of concealing the birth. Aged 17.— Confined One Year.
MR. BALDWIN conducted the Prosecution.
GEORGE GERRARD . I am attesting witness to this policy of insurance, and saw it signed by the directors who are named here—Mr. Edward Harman. is one of the company—the company consists of other parties besides him.
Cross-examined. Q. When did you put your name to it, as attesting the signatures? A. On the day it bears date—I am always standing by while the directors sign—I cannot say How many policies were signed that day—the directors have nothing whatever to do with this prosecution.
WILLIAM MORRISON re-examined. I have no doubt I gave this policy to the prisoner—he called subsequently about another policy, on the 23rd of June, proposing to insure the building in which he resided, and paid a deposit j—he came again within a few days before the fire, stating that he had been informed his lease was of no use to him, and he wished to withdraw the proposal for the last policy—I did not return his deposit—the policy which has been produced was in force on the 15th of July.
Cross-examined. Q. I believe there is a conventional list of items put into these policies; they are not the wording of the person insured, for instance,
"household goods, wearing apparel, plate" &c.&c, thatisprinted in the proposal? A. We have printed forms of proposal, filled up by the insurer—I cannot be positive that one was handed to him—it is almost invariably the case—I do not know whether they are kept—I have not looked for it—the prisoner paid 105. as earnest, to insure the house for 200l., on the 23rd of June—the policy would run from that date, and I think the latter end of the week before the fire he wished to withdraw that, and wished the deposit back—his application was to the extent of releasing the office from an insurance to the amount of 200l.
Q. You print several items in your policy, and he must insure under one of them? A. Yes—one item is "Wearing apparel, household goods, printed books, plate," &c.—if a man has any plate he will insure under that item—
(The policy was effected on the following items: "Household goods, wearing apparel, printed books, plate, &c, 90l.; china and glass, 10l.; stock, utensils, and fixtures, 100l.; total, 200l.;" dated 22nd April, 1846.)
ANTHONY HAZELL . I live at Hammersmith Workhouse. On the 7th of July I delivered at the prisoner's house 400 bundles of common fire-wood—it was tied with tar-twine—I helped to pack it in the shop, some behind the counter, and some before.
Cross-examined. Q. Are they not pieces of wood with sharp angles? A. Yes—I placed them in the usual way of putting wood into a chandler's shop—I received 12s. for it—I had served him with two lots before—the first was 400 bundles—that was between five and six months ago—I know nothing of his intending to keep a beer-shop—the first time I went, there was nothing but wood there—the second time it was stocked as a chandler's shop.
MR. BALDWIN. Q. When the wood is tied up, are the sharp edges outside, or is the outside smooth? A. The outside is round.
COURT. Q. None of the edges sticking up? A. No—we get it round altogether—we often take more wood than that to a private house—it is nothing unusual for a chandler's shop.
WILLIAM STARBUCK . I live with my mother, at the Cannon public-house, Queen-street, Hammersmith. At half-past twelve o'clock at night, between the 14th and 15th of July, I saw smoke coming from the chimney of the prisoner's house, which is nearly opposite to ours—it was sufficient to show me there was a fire—Iran to the house and knocked at the door and shutters, and threw stones at the window—I heard a crackling inside ae house—I returned home, got my rattle and sprang it for assistance—I cannot tell what the crackling was like—nobody appeared at the windows when I threw stones—I went to Mr. Westcombe's, of Bridge-row, about a quarter of a mile off, for the engine—I came back before the engine, and knocked at the doors and shutters—there was nobody there to assist—I saw the prisoner about an hour after the fire, in the middle of the road—he had no coat or shoes on—the engine had come then—How long he had been there before I cannot tell, as I was out—he was standing in the middle of the road—he came into my mother's house—his coat was thrown over his head—I Jenjt him a pair of slippers.
Cross-examined. Q. Were you the first person that made an observation of the fire? A. I believe I was—no crowd assembled for about half-an-hour—I could not get a soul to assist me.
Q. Did a mob of people come at last? A. the policeman was the, first, and I had my own business to attend to—I ran back, and saw persons there—I did not see them break into the house—I saw the house afterwards—I did not see anybody with iron bars stirring up, and breaking in—I was not there—I am a publican—my house ought to have been closed at that time, but I had business to attend to in the cellar—wither the, prisoner
jumped out of the back window I cannot tell—I do not know that he was going to open a beer-shop there—I do not know what he bad at our house.
JOSEPH FARRALL . I live in Ship-lane, near Bridge-road, Hammersmith. On Wednesday night, the 15th of July, I was awoke by the rattle springing—I looked out of window, and saw smoke and flames coming from the chimney of the prisoner's house—I saw the door broken open; I do not know who by—there were several people about—I then ran down—when I got there I saw some hay and straw on fire—there was fire both in the shop and parlour—the hay and straw were on fire just against the front door of the shop—I did not go in at all—I am positive there was straw burning.
Cross-examined. Q. We know there was hay there; did the chairs turn out to be stuffed with hay? A. I do not know—the door was burst open three or four minutes after I saw the flames from the chimney—the people could not get in for the fire—I had nothing with me—I do not know what the door was broken open with—I cannot say How many people got into the house at last—I did not go into the house at all—other people did, when the flames were sufficiently got under—I did not see anybody with crow-bars turning the things over inside—I did not do so myself—I did not know the prisoner before—I knew his father—I believe the father owned the house—he had been there about four months, keeping a chandler's shop.
COURT. Q. How long were you there altogether? A. About an hour and a half—there might be 100 people collected—most of them were helping to put the fire out—some were looking on—I assisted at the engine, part of the time—I have seen the prisoner before—if I had observed him outside I should have known him—I saw straw there lying among the hay, against the door, when it was open—it was on the floor—nothing was resting on it—it was not hay in a truss—it was loose, both hay and straw laying together-there seemed about an armfull of hay and straw together; not more—the floor was burnt near the door—I did not observe the wood near the counter—I saw some lying along the floor—the door was burst open before I got there—the wood might have been disturbed by the door bursting open—I did not see any one try to pull it into the street to prevent its being burnt.
JURY. Q. Was the hay and straw in the shop or in the parlour? A. In the shop—the counter comes near the door—I did not see the wood—I saw the window broken in—I cannot say I saw the iron bar of the window used—the hay and straw appeared to be such as would be used in packing crates—he did not sell crockery.
THOMAS WESTCOMBE . I am engine-keeper at Hammersmith. On this night Starbuck fetched me with the engine, to Queen-street, between twelve and one o'clock—I found the place all of a smother, the smoke issuing from under the door and over the door—as soon as I got the engine ready I ordered the shop-door to be broken open—nothing was broken in before that—as soon as that was done flames issued out—the place was all on fire—there was not a particle to be seen—nobody could get near—I could not see the parlour—the door between the shop and parlour was open, and it was all alight together—there were twenty or thirty people about at the time I broke in—I used the engine, and got the fire under in a quarter of an heir or twenty minutes.
Q. Did you see in what state the premises were before the people all got in? A. Yes, I looked in as soon as I could subdue the flames—I do not think anybody had been in—I was the first—nobody could get in without being burnt till I had subdued the flames, and as soon as that was done the fire-brigade came down, I walked in, and perceived a quantity of bundles of wood lying on the floor of the shop—it was loose wood, not bundles—it was part wood and part ashes—it had been on fire, apparently the whole of it—I
think the counter was burnt—I do not recollect seeing a counter—the shop window was all knocked in—that might have knocked down the wood—the wood was all on the floor in different places, some of the ends singed, and the rest merely ashes—it might have been knocked down by violence, or by the stream of water from the engine—it was half burnt and half not—I cannot say whether the stream of water would break the bundles—it might if they were not tied very tight.
Cross-examined. Q. What was the size of the shop? A. About twelve feet by eleven—if any part of the counter was left it was on the right side—there was a little counter going into the parlour—I saw no straw there—I went in as soon as I could get my bead in—I did not observe any hay at all—I directed the whole shop front to be forced in—there was an iron bar to the window—I did not see that used—I saw the remaining bundles of wood counted—I cannot say whether there were sixty-five tied up and perfect—chandlers' shops sell bacon—I suppose that comes packed in straw—I do not think anybody went in till I did—there was not much violence used to get into the house.
COURT. Q, Was the confused state of the shop such as might be accounted for by the disturbance of your breaking in and playing the engine in? A. It might.
JURY. Q. Did you see any chairs partly burnt in the shop? A. No.
JONATHAN ADAMS . I am a fireman of the London Fire Establishment—I got to the fire about half-past two o'clock in the morning—it was nearly out—I remained on the premises seven or eight days and nights—we turned the ruins over in the shop, and looked over the place, and I took an inventory—* I found eight penny-pieces, eighteen farthings, and one halfpenny—it was all in the shop except the halfpenny—I could not find anything to give me suspicion of it having been set on fire.
COURT. Q. I suppose you searched with a view to discover? A. Yes, I always do so—I found bundles of wood, a great deal of it knocked about'—it was not spread all over the shop, some part of the shop was quite clear—there was a little hay at the back of the counter, which I found had come out of the bottom of a chair
Cross-examined. Q. Do you think sixty-four or sixty-five whole bundles of wood remained untied in the shop? A. I should think there was that quantity—I saw nothing which might not be accounted for by the violence used, and I reported to the office that there was nothing suspicious.
HENRY MOUNT (police-sergeant T 29.) On the morning of the 15th of July, about one o'clock, I heard a cry of "Fire!"—I went to Queen-street, and saw the house—the top of the front door was broken in—there were some hrooms on fire at the back—the engine was close by at the time—I went to the back of the prisoner's father's house, and through that house, which is up an alley—I could not get through there—it was then half-past one o'clock—I wanted to know if there were any inmates in the house, and saw the prisoner in the parlour of the Cannon public-house—he had his coat over his head, and no h:"t or anything on—he appeared to have come out in a hurry—he was either very much excited or very much flurried—I asked if the place belonged to him—he said, "Yes"—I said, "Why don't you save what you can?"—he said, "It is no use, it is all on fire"—I saw the place after the fire was pretty well got out, and found there was another place to get in at the buck of the house, through a coal-shed—I tried to get in, but could not, the smoke was so dense—I went to the prisoner again, and asked if he was insured—he was still in the public-house, and said, "My father is"—I said again, "Are you insured?"—he said, "I am for 200l."—I went to tell the engine to play to
the left, where the fire was—I eventually got in, and found some loose books in the corner of the floor, in the back-room up stairs—they appeared to be waste paper—a few were packed up in the corner, the others distributed about the floor, round the corner, principally in the corner—the room was about nine feet by eleven—I went into the front room, which is a bed-room about the same size, and there found a sofa bedstead, a counterpane, a quilt, and a squab, and a sheet, nothing else—there were two boxes, one containing wearing apparel, and the other nothing—the prisoner was not in the house—I called him up from among the crowd, and asked for his policy of insurance—he said it was in the back room, in a desk—I said, "Very well, that is not burnt, then"—we proceeded down to the back room, and found no desk there—he then said it must be in the front in the counter, or by the counter, I do not know which he said—we went, and in front of the counter, where the wood was, found a desk partly burnt—there were some papers partly burnt there, and while looking at them, I saw him take something from his pocket, which he gave to the foreman of the fire-brigade, who gave it to me—it is the policy which has beeu produced—I afterwards examined the shop—the counter was burnt—a portion of it was left—I produce eight pieces of twine similar to what wood is generally tied up in—they were mixed among the wood—some of the wood was loose and some in bundles—the pieces of twine laid in a heap on the floor—they had been scraped together by the fireman before—I found 8l. 5s. and a silver watch in the house.
MR. CLARKSON. Q. Are you the person who undertook to swear that these pieces of string must have been cut with a knife? A. I said I believed they were by their appearance—the whole of them are slightly burnt.
NOT GUILTY .
MR. HAKE conducted the Prosecution.
HARRIET COLE . I am the wife of James Cole, cheesemonger of Queen-street, Seven-dials—I knew the deceased—she was the wife of the prisoner, and was from forty to forty-five years old—he is a brewer's servant—they lived in the same house as I did—on Friday the 14th of Aug., about seven in the evening, I was present at her death—Mary Goddard and another person were also present—I saw her in bed at her home, about nine o'clock that morning—Mr. Broad the surgeon was sent for by the prisoner about an hour before she died, she said where she wished to be buried, and wished her clothes to be distributed among her friends—I had seen her on the 12th, she was then in good health—she was occasionally addicted to drinking—she told me she had taken two glasses of brandy the night before.
Cross-examined by MR. CLARKSON. Q. Was not she known in the neighbourhood as a drunkard? A. Yes—she was very frequently drunk—she was in liood health, she did not complain of illness.
MARY DIXON . I am single, and am a servant, and live in Coram-street, Russell-square, I formerly lodged at the house in question. On the 13th of Aug., hetween three and four o'clock in the afternoon, I was in the front room second floor, the room the deceased lodged in—she and the prisoner and my sister were present—the prisoner came in and asked deceased to get his tea—she used very bad language, and asked him for some money, which he gate her—she went out and got some eggs, and when they were at tea she called him bad names, and took a knife out of the drawer, and swore she would stick him (the prisoner)—she was drunk—I and my sister stood between them and made her throw the knife into the drawer, and I closed the drawer—she again went on with bad language, and beat the prisoner three or four times on the
head with her hand, and used more bad language—he immediately rose up his hand and gave her one stroke on the eye—her eye was blackened, and she fell down backwards—in five or six minutes the prisoner left the room, and three quarters of an hour after she went out with her bonnet and shawl—she returned between eight and nine more intoxicated than before—the prisoner was at home—she abused him, he desired her to hold her tongue—she would not—he took hold of her two arms and put her on the landing just outside the door—he then went down stairs to let her go to bed, but she did not—she went down, and went out about nine—she came home about ten, before the prisoner returned, and sat on the foot of the bed—the prisoner came in in a few minutes—I and another woman slept in the same room as them that night—we always slept there—when the prisoner came in he asked the deceased why she was not in bed—she began to give him more bad language—he went to bed, but she did not—he got out of bed and put a candlestick on the table—he said in her presence, that she had thrown that candlestick in the bed at him, with intent to kill him—she said nothing to that—she was in the room—she was stupidly drunk, falling about the room every minute—going from the table to the foot of our bed—when the prisoner got up, he gave her a blow on the side of the head, and knocked her out of the chair against the side of the bed—he directly after made a kick at her—I did not see where he hit her—he had no shoes on, nothing but his shirt—I and he got the deceased into bed—she would not remain there—she got out three or four times and laid down on the floor directly—she continued using bad language—at six o'clock the prisoner got out of bed, came to our bed, and said he believed his wife was ill, she had better get a doctor—he went out, returned and said the doctor would not get up—deceased then said she was cold—he offered her some brandy, which she refused, but afterwards drank a little—about eight o'clock that morning she asked me to give her a drink of ginger-beer with a little brandy in it.
Cross-examined by MR. CLARKSON. Q. Between her beginning this affair and taking out the ktiife, did she take up a chair and try to strike him with that? A. Yes, and we took it from her—she was more drunk between eight and nine than before—I desired her not to go out drinking, but she said she would, and took the money out of the drawer to get it—the prisoner did not appear to hurt her when he put her on the landing—he had told her to go to bed before he went himself, but she sat at the foot—she was abusing him all the time—there was an iron candlestick in the room—I did not hear the candlestick thrown—the light was out—the prisoner took the candlestick up and put it on the table—the bed was on a bedstead—the deceased insisted on laying on the floor—the last time she was put in bed she asked for water, he went and got her some—her conduct was very violent, and his very forbearing—it was when she said he had thrown the candlestick at her head that he knocked her out of the chair—he appeared kindly disposed towards her, desirous of doing everything he could to relieve her all the night.
COURT. Q. He struck her and knocked her out of the chair—what had happened just before that? A. He said she had flung the candlestick at him—he put the candlestick on the table, and knocked her off the chair—he raised her up again, laid her on the bed, and she would not stay there—the candlestick had been on the table before the light went out—he had not got out of bed till he brought the candlestick, and put it on the table again.
JANE CHURCH . I am single, and live in Cromer-place. On the 13th of Aug. I slept in the same room with the prisoner and deceased—between ten and eleven o'clock I heard the prisoner say she had flung the candlestick at his head—before that the candlestick had been upon the table, and the candle had burnt out—we were in another bed—I do not think he could get
out of bed without our knowing it—I heard him get out and say she had flung the candlestick at his head to kill him—he put it upon the table—he said it would have split his skull if it had hit him—it was too dark for me to see anything—I heard a blow, and heard her fall—she cried out "Oh!"—about half an hour after that I helped to put her into bed, but she got out again—she said she felt her stomach very sore—next morning she said she felt very ill—the prisoner said he would go for a doctor—he went, and could not get one for some time—I saw a few spots of blood upon the floor near her bedstead—the prisoner wiped it up—I should not think there was more than a tea-spoonful.
Cross-examined. Q. There was no wound to account for the blood? A. No—it was upon the side she fell—her nose did not bleed.
ELIZA GODDARD . I am the wife of Thomas Goddard, of No. 8, Queen-street. I attended the deceased on the 14th of Aug., from half-past seven o'clock till she died—she was quite sensible—she complained to me at half-past seven o'clock of injuries all over her—the prisoner was present and cried—she begged I would not leave her, and give her drink—the prisoner cried, and said he was very sorry when he heard she was hurt—she said she was injured all about her chest and bowels—the prisoner heard her tell me she was kicked and injured—he cried, and said he was very sorry for it—she accused him of nothing—she kept craving for drink, wanting her lips wetted—she lived till half-past six o'clock at night—the prisoner treated her kindly while I was there—he went and got her many things that she wanted—he fetched her some beer which she asked for—she mentioned about her clothes—he put his ear down to hear what she said—it might be between eleven and twelve o'clock when the doctor came, that she said her bowels, arms, and chest were all injured—she told the doctor she was kicked and ill-used all over—she was dying—I have lived in the house four years—she did her domestic affairs, and worked hard before this.
Cross-examined. Q. Do you know Jones's beer-shop? A. I never was at Jones's—you are thoroughly mistaken—I spend my money where I think proper—I have not been drunk and away from my husband two nights together repeatedly—I never was from him, only when he ill-treated me, and locked me out—I was not out drinking with deceased up to the very night this happened—I was not a fuddling woman, nor was she—I was out at work that afternoon, and was not drinking with her any part of the day or night—I have been at Jones's certainly, but never drank his beer or gin—I paid for what I had—I do not know what it was—am I obliged to confess—the deceased was not with me—I do not believe I have been in Jones's with her for a month—I cannot go out to fetch errands without being insulted, because they say I have come to take this man's life away—I never got drunk with the deceased, nor she with me—she went with her own country people—I do not remember her tumbling down stairs one night in returning from a public-house—I do not remember her jumping out of window—my husband and I were out holiday keeping at that time—the prisoner gave the alarm that she jumped out of window—my husband is not here—I have had no refreshment to-day since breakfast.
EDWARD SAMLER . I am assistant surgeon at St. Giles's workhouse—I saw the deceased about twelve o'clock on the day she died—her husband was present—she complained of great pain in the abdomen, which I examined, and considered she had inflammation of the peritoneum—I applied leeches—I observed no marks of violence about the abdomen—she had a black eye—I was present at the post-mortem examination.
Cross-examined. Q. Did she represent to you that her bowels had been in a state of constipation lor four days? A. I asked the question, and that was
her answer—habitual drunkenness and constipation combined, might produce inflammation of the peritoneum—I should not say there had been violence—there were no marks.
MR. HAKE. Q. Would violence on the abdomen, when there was constipation, be more dangerous? A. I should say it would.
WILLIAM BENNETT . I am surgeon at the infirmary of St. Giles's Work-house. I opened the body of the deceased, by order of the Coroner—there were several bruises upon the external surface of the body, a superficial cut or wound above the right eyebrow, and discolouration of the inner side of the left cheek-bone—the only important bruise was over the lower ribs on the right side—there was an outer mark of injury there, immediately over the peritoneal surface of the liver—a bruise—it might have been caused by a blow, a fall, or tumbling against the bedpost—the organs generally presented the description of disease you would expect to find in an habitual drunkard—a slight softening of the brain, a paleness and flabbiness of the heart, the liver pale, and excessively rotten—the slightest pressure of the finger would break it down, which is frequently the case with drunkards—there were marks of diseases of the lungs, but not of recent character—death was produced by inflammation of the peritoneum, and immediately under the injury which we found under the lower ribs there was a greater amount of inflammation of the peritoneal surface of the liver—the liver was altogether inflamed, and from the general condition of the body, several of the most important viscera being inflamed, I think the inflammation could not have gone on long—she could not have endured it—I attended her two years ago for a very severe attack of peritoneal inflammation—I could discover no external mark upon the abdomen.
Cross-examined. Q. Her habits being that of drinking to excess, with four days' constipation, your having heard of her having fallen about the night before, being in and out of bed, is it not quite consistent that death might result from acts of her own? A. Quite so.
NOT GUILTY .
1599. SAMUEL LEVY was indicted for assaulting William Williams, putting him in fear, and taking from his person 1 watch chain, value 6d.; 1 seal, 4d.; 1 watch key, 2d.; 1 hat, 9s.; and two handkerchiefs, 6s.; his property; and beating, striking, and using other personal violence.
MR. O'BRIEN conducted the Prosecution.
WILLIAM WILLIAMS . I live in Old Montague-street. On Sunday evening, the 26th of July, about ten minutes after eleven o'clock, I was in the Whitechapel-road, opposite the church—I turned down Black Lion-yard, and the prisoner turned down after me—I did not see him till I turned down—he caught me by the collar with one hand, and seized my watch, which I wore in my fob, with the other—it had a chain, seal, and key to it—he snatched the chain, and broke it from the watch—I never saw him before to my knowledge—I could see him quite plain, and have not the least doubt of him—in about ten minutes or a quarter of an hour, he was brought to me by a policeman—at the time of the robbery there was a companion of his came down with him, behind me—I saw very little of him, but my hat, and gloves, and two handkerchiefs were taken—I had no opportunity of seeing his companion's face—I do not know who took my hat and handkerchief, but they both ran away—my hat was taken off behind—the hat and handkerchiefs were worth 15". or 16s.
Cross-examined by MR. PAYNE. Q. Was this in the Whitechapel-road, or-out of it? A. It is a yard, turning out of the road—it happened five or six yards out of the road—there are houses in it—it is a thoroughfare—there is a lump ten or twelve yards down—it is not twenty or thirty—a man named
Kentish, was taken up—he was suspected to be the man along with the prisoner—he was discharged because I could not swear to him.—I said so first before the Magistrate—I have never found any of the property—I described the prisoner to the policeman, and he was brought back in ten minutes or a quarter of an hour—the other man was stouter than the prisoner—I saw the prisoner coming down the yard—he might be two or three minutes before me, before he took the watch—I held my arm down, and kept the watch and chain—he pulled a good deal before he broke it—I am eighty-two years old—my sight is good—I can see to read the largish print without glasses—we struggled and had hold of each other some time—I can see countenances very well.
COURT. Q. Had you seen any persons coming up as you turned the corner of the yard? A. No, I had turned the corner five or six yards—I saw them following, but did not suspect them—I saw them turn down the yard—I have no doubt of the prisoner—he came before me and pulled the chain with one hand—I put my hand down to save it—he kept pulling at it—while doing so somebody took my hat—I told the Magistrate at first I could not swear to the other man, as I did not see his countenance—he was behind me, if he was the man—I saw the policeman not more than two minutes after I was robbed.
THOMAS WEAKFORD (policeman.) On the 26th of July, from eleven to a quarter past, I saw the prosecutor in the Whitechapel-road—I did not hear him call out—in consequence of what he said, I took the prisoner in the Whitechapel-road, about 300 yards from Black Lion-yard—he had another person with him—I told him the charge—he said he knew nothing about it.
COURT. Q. Was there any place where they could have disposed of the hat and other things? A. No, unless they were passed to a companion—there were persons about at that time—the prosecutor spoke to me in Black Lion-yard, and described the man's countenance—the prisoner corresponded with the prosecutor's description, and I took him to the prosecutor, who said "That is the man who seized me by the collar and took the chain of my watch"—I took his companion at the same time, but he could not identify him—the prisoner said he knew nothing about it.
Cross-examined by MR. PAYNE. Q. Tell me the description the prosecutor gave? A. He was dressed in a black frock coat, a black hat, with crape round it—he was about 5 feet 5 inches high, and had a Jewish appearance—the prisoner had that appearance when I took him—the lamp was eleven or twelve yards down, in front of the public-house, which was open—it was as light as it is in the street.
JURY. Q. Were any persons running away when you saw them? A. No—the prosecutor said he had been robbed about a minute before I came up—I took the prisoner about five minutes after he spoke to me—the prosecutor said the prisoner's companion was dressed in dark clothes, and was much taller—the man I took corresponded with that description—he had not got any of the property—the light was about ten yards from where it happened—it shows a very strong light—anybody can see the countenance of another.
GUILTY of robbery, without violence. Aged 20.— Transported for Ten Years.
MR. BRIERLEY conducted the Prosecution.
EDWIN NASH . I live at Wright's-buildings, French-alley, Goswell-street. On the 21st of July, a little after twelve o'clock at night, I was sitting by the fire, smoking my pipe in my own room—the prisoner, and John Harman
and Mary Ann Smith, came in—they asked me to partake of some beer and spruce—I said I had much rather not—I said, "I don't want any bother in my place, I had much rather you would go into your own room, I want to go to bed"—the prisoner and Harman lived in the next room—the prisoner knocked the table about—I said, "1 won't have this here"—I got up to ask them to go out, and Harman said, "If it was not for one thing, the law, I would give you something"—I said, "Go out"—I had no sooner said that than I received a blow in the face from his fist, and I struck him again—the fight did not continue above a minute or so—we did fight together—I cannot say who had the best of it—I was in the act of shaking hands with him, thinking it was all over, and felt a blow on my head—I turned round, and saw the prisoner behind me with a saucepan in her hand, trying to strike me again—she struck me again with it on the side of my head—there is still a mark of it—I went to the window, called "Murder!" and fell down insensible—I do not recollect anything more till I found myself at the hospital.
Cross-examined by MR. PAYNE. Q. Did not the fight with Harman last a good deal longer than you have stated? A. Not to my recollection—I cannot say that we fought for a quarter of an hour or ten minutes—I did not have a good many falls to my knowledge—I cannot recollect it—I had no wound before that—I do not recollect receiving many blows before we ohook hands—my head is not very good—I live with Emma Carter—I do not live on her prostitution—I get my living by hawking braces and garters-Emma Carter does not walk the streets—I support her as far as lays in my power since I have been out of the hospital—when I am able to give her money I do—she does not support me—she has been in the habit of walking the streets—she does not do so at present—I cannot say when she last did so—I have been in prison, not for using a girl ill—I was going home and picked up a gentleman's dog, and received twelve months from this Court, not for the dog but for the collar—I have been in prison two or three times—you tttay say five if you like—it was for getting tipsy, but never for anything else, except about the collar—I did not steal the collar—it was on the dog—I took the dog up in my arms, collar and all—I was convicted of stealing the collar—I have had as straightforward a life as a poor man can—I have been in prison four times for getting tipsy—I have not been in prison three months—I was only locked up till the morning—I was not locked up to my knowledge for a longer time before stealing the dog—I cannot exactly say How long I have been in prison before the dog case—I am not married to Emma Carter—I was in the hospital rather more than a week for the blow on my head—I had not a row with another man a day or two before—I am not always in rows—I had not my head cut once by a quart pot from an unfortunate girl who I struck—I recollect having my head cut with a pot—I dare say it might be near upon twelve months ago—I sent a man to prison for striking me a few days before this—I was not sitting with my room door open on this occasion—Harman asked me if I would have any gin and spruce—I said "no" 1—I did not drink beer with him, or have tobacco—he offered Emma Carter a glass of gin and spruce—I said she did not want any—I did not want it put by for me till the morning—the prisoner did not say, "Don't put it by, give it to them that will drink it," and I struck the prisoner a blow—I never lifted my hand to any one—I did not strike her with a washing-tub—there was one in the room—I should say the fight between me and Harman did not last twenty minutes—the prisoner did not try to part us, and I did not strike her with the tut*—I never heard Smith call, "Murder!"—I never had the washing-tub in my hand that night—Mrs. Rice did not get out of bed and see from her window that I struck the prisoner with the tub—I did not say to Harman, "you b----y b----r, get up or I will kick your b—guts
in"—the saucepan was in the fire-place—I did not fall oiv anything—I have no witness here except the woman I live with—I had been drinking, but was perfectly sober—I think it was just about twelve o'clock when Carter came home.
MR. BRIERLY. Q. How long is it since you were last in prison?. A. Two years—it is four years since the dog case—Carter has not been living by prostitution since I have been able to get a living for her—while I was in the hospital she was obliged to do as she could for support—I did not receive any of the money she made in that way—I recollect all that happened on this occasion up to the time I received the blow, but not afterwards.
COURT. Q. You say your head is not very good? A. It is not—I have never been confined on that account—I was never locked up except for being tipsy and the dog case that I recollect—my memory has been much impaired since this blow—when I get out with ray goods I frequently lose myself, and am obliged to sit down—that was not the case before this—the mark is on nay head where I had the cut—three ribs and my collar-bone as well.
EMMA CARTER . I live with Nash. On the 21st of July, between twelve and one o'clock, I went home—he asked if I had anything for his supper—I said, "No"—he went out and got something—he had had his supper, and sat smoking his pipe—the prisoner came in and asked if he would have some gin and spruce—she was alone, I believe, but in a minute or two John Harman came in—the prisoner went down and fetched Mrs. Smith up—Nash said he would not have any gin and spruce, he must consider his health—they wanted me to have some—I would not, and they began kicking up a row and knocking their hands on the table—he told them to walk out of his place, he had had quite enough bother—she went on knocking her hands on the table—he told her again to go out—she would not, and Harman said, "you b----r," and struck him—Nash returned it—they were about shaking hands again when the prisoner up with a saucepan and struck him on the head—the fight was then over—and before he could turn he received another blow, which made him insensible—I called, "Murder," and the policeman came—John Harman began the fight—I could not see the cut Nash received, his face was so covered with blood—the policeman came and took Harman and the prisoner in charge—Nash was insensible—I left him with the policeman—I went to the station, and afterwards went to the hospital with him—there was only Mary Smith present until the policeman came—they lived in the next room to us—I am quite sure Harman struck the first blow, and am sure that they were reconciled to each other at the time she struck him—Nash had been drinking, but was not drunk—I do not think Harman had been drinking—the prisoner had—she used the saucepan now produced with both her hands—she struck sideways—she kept on hitting him when he was insensible, on the ground—his belt was black with soot—I pushed by, calling out, "Murder"—the blows were confined to his head and back—the saucepan was not bent as it is now before the fight—the bent state is the effect of the blows.
Cross-examined by MR. PAYNE. Q. When Nash found the prisoner would not go out, did not he strike her? A. No, he did not push her, and merely because he told her to go out Harman and him began fighting—Nash did not hit her—the fight was all over—she had received no blow—she came up with a saucepan and struck him—he would have been murdered if I had not been there—Mrs. Smith stood by and saw it all—I did not lay hold of the saucepan to prevent it, because the woman was stronger than me—there was a washing-tub there—Nash did not strike the prisoner with it—Mrs. Rice lives opposite—Mrs. Smith did not cry out "Murder" because Nash was striking the prisoner with a washing-tub—I am a brace and belt-maker—I do not go out to get my living—I did once, but I do not now—not since he
has got well—I did before he was ill—I had been ont that night before he came home—I bought myself things with the money I got—Nash earned money enough to keep himself—I will not say I never laid out my money for him—the fight lasted about a quarter of an hour—they fell several times—Nash did not fall on the saucepan—he had not touched the prisoner, or said anything to her—she knocked her hands on the table before she took up the saucepan—she had been drinking—I had not—I never do—I will swear Smith did not call out "Murder" about the tub—I did not hear Nash say to Harman, "Get up, you old b----r, I will kick your guts in"—I have known Nash about two years—I remember an unfortunate girl cutting bis head open with a quart pot—I was not there—she did not live with biro—I think it was last winter—I know her—I do not walk about with hen—her name is Eliza I be I—he was not ill with that cut—he had had a row a day or two before this, with a man named Birt—he was not much bruised in that row.
MR. BRIERLY. Q. Does Nash ordinarily earn Sufficient to maintain himself? A. Yes—he keeps me, and has done so since he has been well—he lias kept me at times previous to his being ill—I have lived with him two years.
COURT. Q. Where was the saucepan while the men were fighting? A. On the grate—there was no fire—Nash did not fall on the grate while fighting; they were not near it—they fought by the table—there was a bed in the room—Harman did not lose any blood in the fight—it was Nash that bled—the saucepan caused ifr—there was no blood from either of them through the fighting.
WILLIAM HORNE (police-constable G 188.) Oh the 21st of July I went to the house, and found Nash lying on the floor, trembling, quite senseless, and his head smothered all over with blood—there was a large wound on the back of the head, rather more than an inch and a half long, and one on the eye—Harman was standing in the room—he was bruised about the head, M if he had had blows—I saw no blood from him—I took the prosecutor to the hospital, and the prisoner in charge—as she went along she said, the reason she did it was, that she saw her man got the worst of it, and she took the saucepan and struck him over the head—I cannot say whether Nash was sober or not—Harman appeared sober—the prisoner might have been drinking; she was not drunk—I did not see any spruce-beer bottle on the table.
Cross-examined. Q. How came she to tell you her man was getting the worst of it; did you ask her questions? A. I said, "I think it is a pity you did this"—I did not say it to try to get an answer—it was merely in passing along—I do not believe she had been drinking a good deal.
COURT. Q. What was her observation when you said it was a pity they could not agree? A. She said, "I did do it; I hit him over the head with a saucepan, as I found my man was getting the wont of it"—I am quite sure she said "with the saucepan."
MR. PAYNE called
JOHN HARMAN . I am a hawker, and live with the prisoner; Nash lives with Carter; we have our meals together in the same room; we live together. On the night this happened I saw Nash sitting with his door open—I asked him to have part of a pint of beer, or a pipe of tobacco—he said yes, he would—I fetched it, and he took part of it—after that I fetched some gin and spruce, which I offered him a glass of—he refused it, and refused to let his wife drink it when I offered it to her—he was so intoxicated, he said he did not want it himself, and she should not have it—he wanted it to be poured into a bottle, to be saved till the morning for him—the prisoner said, "No;
if you cannot drink it to-night, let them drink it that can; you know you did not pay for it"—that led to a quarrel—Nash up with his fist, and struck the prisoner in the eye—that caused me to hit him—he pulled off his coat and shirt, and we fought for twenty minutes or upwards—I got a good many blows—there was a tub lying on the ground—I did not see anything done with it—they did not hit me with it—it was on the floor while we were fighting, and the saucepan also—I heard Nash say, "My head is cut," when I gave him one fall—I had no cuts on my head—I was bruised all over, and had a black eye—I had a good deal the worst of the fight, I consider, if it had not been for his falling among the tub and the saucepan, and cutting his head—he hurt his head by my chucking him on the saucepan, which was on the ground—he called out, "My head is cut"—we had been fighting then twelve or thirteen minutes—when he found himself bleeding he left off—we did not shake hands—he said he would not have any more after he saw his own blood—I did not go out of the room—the prisoner and Mary Smith called "Murder!" and the policeman came and took us into custody, when we were all sitting down quiet and comfortable, and Nash was having his head dressed by some man who came up at the call of "Murder!"—Nash was sitting on his bed when they dalled "Murder!"—the bed was on the floor—he was not lying down; he was telling the man to cut his hair off—I did not see that he was senseless at all, but the policeman took me into custody very soon after, and I did not stop—I did not perceive that he was insensible when the policeman came—I am sure he wasj sitting on the bed then—when Mrs. Smith called "Murder!" she said, "For God's sake, come up, or Nash will murder Bardwell"—Nash was then at the window—I was in his room—he went out to the window in the passage—it was at the passage window that the cry of "murder!" was given—the prisoner had a lump on the top of her head—she had no black eye—if anything was done with the tub, I did not see it—Mrs. Rose would be able to see it from her window—I did not hear Nash say anything when it was done—he is a stronger man than me.
MR. BRIERLY. Q. Was the prisoner tipsy? A. Yes, we were all tipsy together—she did not make a great noise with her hands on the table, to my knowledge—I speak the truth—the prisoner and I are both hawkers—she is a woman of the town—we live together—Nash did not desire me to go out of the room, and go to bed—Nash denied his woman having a drop of gin and spruce—I said, "Nash, never mind about the women quarrelling, you and I will have a game at cards; you have a pack of cards on the mantelpiece; and I was clearing the cups and saucers on one side, to put them out, and Nash struck the prisoner, which caused me to fight—the women were not quarrelling—I am quite sure I did not strike him till he struck her—that caused me to strike him—Mary Smith came up stairs in consequence of the noise—I am a younger man than Nash—Smith did not assist me—she only stood by—she hallooed out, "Murder!"—I am sure the prisoner hallooed "Murder!"—I do not know who she expected to be murdered; it was not me that was to be murdered—Smith called "Murder!" because Nash was beating the prisoner—we were fighting at the time—he was not beating her then—Nash called "Murder!" when he found his head was cut, and Smith called "Murder!" too—the fight did not continue after that.
COURT. Q. Have you been drinking to-day? A. I have had two half-pints of porter—I was in trouble nine months ago—I had a bad half-crown in my possession, and had six months for it—Nash, I understand, had two years—that was the only time I have been in trouble.
great bump on her head after that, and a black eye—I called out,"Murder!" because Nash was beating her on the head with the tub, and hitting her on the eye—he was standing in such a position that Mrs. Rice could see this from her window.
MR. BRIERLY. Q. What are you? A. A shoe-binder—I went up at half-past twelve, or one o'clock, for a light, and asked Nash to give me a light, which he did—I was going down stairs, and they called me back, and asked me to have some gin and spruce—Nash said, "No, put it away till morning"—the prisoner said, "No; if you can't drink it, let those have it that can;" and he snatched the bottle out of her hand, and hit her in the face, and gave her a black eye—he was tipsy—he and Harman fought for a quarter of an hour or twenty minutes, and he took the tub and hit the prisoner on the top of the head with it—she got the tub out of his hand, and threw it out of the window—it was I that was refused to have the gin and beer—she was going to pour it out for me, when he took the bottle from her hand—I do not know what condition Nash was in after the fight—I was calling, "Murder!" for the policeman to assist us—I thought the prisoner would be murdered—I called out soon after the fight began—he was striking her, and also Mrs. Nash, after the fight, both at once—I did not help—I saw blood flow both from the prisoner and Nash, but none from Harman—Nash did not fall on the tab—it was thrown out of the window—the saucepan was there, but I did not see it in the room till after the policeman took the prisoner—it was found under the bed, bent, as it is now—it was not used at all in the room—I will swear that—I stopped till the policeman came—Nash was then on the floor, with his head on the bed, in a fit—I am quite sure he was not sitting up—he is subject to fits—I do not know whether he is subject to bleeding in the head—he had had several cuts before, and when he gets in liquor is not in his right mind—I did not see any violence given at all, only in the fight—I do not think he said his head was cut—I do not think he spoke—he was too tipsy—I did not see the saucepan strike him—there was no saucepan used while I was there—I know nothing of How Nash came to be struck behind—he might have fallen on the saucepan or on the fender—he never was touched by a saucepan—I will swear he fell on the saucepan in my presence.
Q. You said before the saucepan was not used? A. No—he fell under the table several times—the saucepan was kept under the table.
MARIA RICE . I live right opposite the prosecutor's—I can see the passage window adjoining the room that Nash and Carter live in, from my door—I saw Nash strike the prisoner on the bead several times with a washing-tub—she wrested it out of his hand, and hove it out of the staircase window—I did not hear Nash say anything in the course of the conflict—Nash was very tipsy that evening—I did not observe a lump on the prisoner's head—the policeman came and took them away.
MR. BRIERLY. Q. Did you come over from your own house to this house? A. No—I was in my night-clothes—I could see all this through the window—it all occurred at the staircase—I saw nothing of the gin drinking, that was before I got there.
COURT. Q. The fighting was before you got there? A. Yes—Nash was not bleeding at the head when I got there—the tub was half a butter firkin—he took it up, and hit her over the head several times within—I could see a Plainly—the policeman came up directly—I did not see a drop of blood flowing from Nash's head—I saw the prisoner taken away, and told the policeman it was a shame to take them away, as they did not begin it—the policeman came up directly, while I ran indoors to put a covering on—he came
up directly upon Nash's brandishing the washing-tub—there was no time for him to have cut her on the head after that.
WILLIAM HORN re-examined. Q. When you went to the room the man was insensible? A. Yes—he was not sensible before he got to the hospital—there was a great deal of blood on him, I could not see the colour of his face I did not see any black appearance as if from the saucepan—I saw no tub in the room—I did not find the saucepan in the room—it was given to me afterwards—Nash was lying on the floor, with his head on the bed—there was no bedstead.
GUILTY of an Assault , Aged 22.— Confined One Year.
NEW COURT.—Monday, August 24th, 1846.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 25.— Confined One Year.
GUILTY . Aged 30.—Recommended to mercy. Confined Three Mouths.
GUILTY . Aged 52.— Confined One Year.
GUILTY . Aged 63.— Confined Three Months.
GUILTY .— Confined Six Months.
GUILTY . Aged 29.— Transported for Seten Years.
HENRY JOHN WILBY PALLETT . I am a brush-maker—I am in the service of Mr. David Horst—the prisoner has been about three months in his service. On the 9th of July I was at work in the shop—I noticed the prisoner come from the bottom end of the shop to the top end, and place something on the bench, and put the broom over it—a party then brought his tea—he wentou with the party, and remained about ten minutes—during that time Norgan brought me the parcel—it was bristles—I weighed it, and marked it, and put it back again—I went to the station—the policeman came and took the prisoner
just outside our door, with these bristles—Mr. Horst told me on the day before that he had missed bristles—the policeman followed the prisoner to his premises, and found 16£lbs. of bristles.
Cross-examined by MR. BALLANTINE. Q. Had you any quarrel with the prisoner? A. No—these bristles are worth about 3l. 8.—he told me he had some bristles to sell, when I was at his house the week before—I desired to have a sample of them—he said it was not convenient to see them—I did not tell him to bring me some, or say I should like to see them—I know, these bristles—they are of a peculiar descriptions-there was no mark on them before he took them—you may search London through, and not find such bristles.
GRORGE FREDERICK NORGAN . I am shopman to Mr. Horst. On the 9th of July I saw the prisoner tie up a small bundle of bristles, and place it at the back of the bench in the shop, at the back of some brooms—he then took it to the upper end of the shop—I gave it to the witness—he weighed it, and put it back.
JOHN WESTBURY . I was a policeman. I stopped the prisoner about 200 yards from the prosecutor's—I said, "Excuse me, I am a police-constable; what is this you have in your pocket?"—he said, "Some bristles, they are my own; I purchased them of a person named Andrews, at Kingsland-road"—I asked if there was anybody about there that knew him—he said, "Not nearer than Haggerston church, a mile off"—I said, "Have you any more?"be said, "Yes, plenty at home"—he took me home, and there I found a quantity of bristles, in small packages, about 1 oz. or 2 oz. each—in coming back, I asked him if Mr. Horst knew him—he said no, but he knew Mr. Horst—I asked him if he ever worked for him—he said, "No"—I took him into the shop, and the prosecutor's wife said he worked for them—Mr. Horst came to the station, and identified these bundles that I found at the prisoner's; bouse,
(The prisoner received a good character.)
GUILTY . Aged 56.— Confined One Year ,
MORRIS HARRIS . I am a furrier, and live in Regent-street. On the evening of the 11th of August I went to my shop-door—I found this wrapper on the ground—I replaced it—it hung on the post about an hour before.
Cross-examined by MR. PAYHE. Q. How was it hung? A. On a book, and fixed to the rails—it was between the rails and the doorway.
JESSE JEAPS (police-constable C 146.) On the 11th of August, about six o'clock in the evening, I saw the prisoners together in Regent-street—I watched, and saw Chandler leave the others, opposite the prosecutor's shop—he crossed and went to the prosecutor's door, where this article was hanging"—I saw him feel it, and then he crossed again to the other two prisoners—he went over and felt it again, then went back again to the other prisoners, and they all three crossed—Bell got over the iron rail in front of the adjoining window, to the prosecutor's, put up his hand, took hold of the top of this article, lifted it off the spike, and let it drop—they all walked off towards the Quadrant—I followed and took them—they did not see me—I was in private clothes-they did not come back to look for it—I secured them some distance on—the prosecutor picked up this article about two minutes after it was ropped—Bell waited, and saw him pick it up, and then they walked off to lhe Mutant, which is about three hundred yards off.
Cross-examined by MR. BALLANTINE. Q. This is the first time you We told about Bell remaining behind? A A t is the first time I was asked the question—I told the Magistrate the prisoners joined and walked towards the Quadrant—I saw Marks'relations at Marlborough-street—I know them by sight, nothing more—I never drank with his mother and wife to my know. ledge—I saw them at the police-court—I might have drank with them—I should say I have drank with them—there were Marks' friends, and Bell's, and Chandler's there—I believe there was a quartern of gin, or 6d. worth of gin—I did not say to Marks' wife that I had said nothing at all against him.
Cross-examined by MR. PAYNE. Q. Was it not to Marks' wife you said, "I have said nothing against your husband, but I have done for the other two?" A. No—I cannot say who paid for the gin—I did not—the case had just been on, and we had some gin—Marks' mother did not lay hold of my hand, and walk in together with me.
NOT GUILTY .
THOMAS PONDER . I am a cigarmaker, and live in Chiswell-street. The prisoner was my apprentice—on Tuesday evening, the 7th of July, about seven o'clock, as the men were leaving work, I saw him near my counter—I saw a handkerchief on the counter belonging to him—as I walked up he put his hand on the handkerchief—my foreman was with me—on the hand kerchief being opened there were twelve cigars in it—I accused the prisoner of the robbery—he stoutly denied it—I went with the officer to where the prisoner lived, and found about one pound and a quarter of cigars in his box.
Cross-examined by MR. CLARKSON. Q. What is the name of your fore-man 1A. Abraham Levoy—he is not here—I have no feeling of hostility against the prisoner—I was bound over to prosecute—he is about fifteen years old—I think he has told me he has smoked—he has bought cheroots-1 do not think he has bought cigars—I cannot say that he has not bought cigars, and spotted cigars, and that the foreman has not led him to smoke—these cigars have a yellow spot on them—they are not uncommon—I sold him a six-pound box of cheroots—a cheroot is open at each end, and a cigar is twisted at one end—I do not recollect about five months ago selling him thirty-nine Brazilians, of which fifteen were spotted—it may have taken place—when these were found he was not there—his father said he had given the boy cigars, and his brother said he had given him some—the prisoner did not say he bought them on the 27th of last February—those I found were Havannah, not Brazilian cigars—the prisoner is a very nice lad, and a grcit loss to me—I have sent him to the Bank, and other places—I am not de-sirous of pressing on him at all.
HENRY WILLIAM DUBOIS (police-serjeant N 14.) I found some cigar N a box at the prisoner's father's house, in High-street, Camberwell—tbe father pointed out the box—the key of it I found on the prisoner—they were in a box in a desk—this box is full of them.
COURT to THOMAS PONDER. Q. Can you swear that these cigars were ever in your possession 1A. From their general appearance, and they & unfinished cigars—I will not undertake to swear to them—they hate no been pressed—he was employed in sorting them—I should never place cigtf of this description in a box for sale—they require pressing in a press, and be bound with ribbon—this box did belong to me, but it was given or sold to the prisoner—he asked for a box to put some pencils in.
NOT GUILTY .
THOMAS PONDER . I saw the prisoner in the shop, with his hand on a handkerchief, under which were some cigars—they had never been given or sold to him—when I accused him be stoutly denied that he was guilty of any robbery—I determined to give him in charge—he was dreadfully alarmed, and went down on his knees and supplicated—I was determined that the case should be examined—he was not at work on that description of cigars that day—they were the remnants of some he bad been at work at a day or two previously—having had some suspicion of robbery on the previous Friday night, I counted, and missed sixty cigars from one man's work—on Saturday the prisoner, being a Jew, does not attend—I looked, and found twenty-four cigars in this part of this machine—(producing it)—on the Monday they were precisely the same—on the Tuesday, on counting, there were some of them gone—I found under the handkerchief twelve which corresponded with those gone from under this machine, which was in the window close by where the prisoner was at work on the Tuesday—these had been secreted under the machine improperly, and those I found under his handkerchief exactly corresponded with them—I had not sold any of these—they were a few left of a previous parcel that he had been working at.
Cross-examined by MR. CLARKSON. Q. What time did you see this handkerchief? A. About seven o'clock in the evening—the prisoner was working without his jacket—I think he would have no pocket to keep his handker-chief in—I do not recollect that he had been away for ten minutes just before—I have a front shop and a factory behind—the prisoner had been at work all day—I think the first I saw of the handkerchief was when I went up to him—it was not loose—the cigars were wrapped up—folded in it—my foreman is not here—he is not in the habit of encouraging the men to smoke—he discourages it rather—we give the men one cigar a day—if a man were going out I might give him one or two extra—I think the foreman was the person who first called my attention to this handkerchief—I do not recollect hearing the prisoner say that it was his handkerchief, but he never put the cigars there, or that they had been placed there by somebody else—this is the first time I ever spoke of this wooden machine—I will swear these cigars were mine—I saw the prisoner take these out of his handkerchief—he had been at work on a parcel of cigars of the same description, and I saw them in the machine the day before—the first time I observed them in this machine was on the Saturday—I missed a large quantity, and then looked about—my foreman called my attention to this machine on the Saturday—I saw him go and take it out of the window, and Hooked at it—on the Tuesday he called my attention to the handkerchief—on the Monday the prisoner came to work—I noticed the cigars in the machine on the Monday, but I never saw this machine in the prisoner's hand—it was close at his elbow, not to the fore-man's.
HENRY VANDELDEN . I am in the prosecutor's employ—I saw the prisoner pot the cigars into his handkerchief—I cannot swear where he got them from"—he was standing at the counter—I sort the cigars, and he bundles them—I do not know anything of this machine.
Cross-examined. Q. I am afraid you are given to a little smoking? A. No—I smoke cigars—I was not placed under the prisoner, to learn the business—he was before me there—I do not dislike working under a boy—I spoke to Levoy—I did not bring him to the handkerchief—I said, "you see ere ls a handkerchief on the counter, he put cigars in it" MR. Levoy sent me home just before he was taken up—I never saw that the prisoner smoked cigars—I
have not constantly invited and asked him to do so—I never asked him to buy some cigars at 1s. 2d. a pound—I never had any of my own that happened not to have paid the duty—the first time I came there I had twenty-fi? e cigars—I have been there eleven or twelve weeks—I never had any to sell—I never gave the prisoner two spotted ones—I gave him one when I first came—I showed the one I gave him to Mr. Ponder—I never told the prisoner I could let him have any quantity at 4. 2d. a pound—I told him that it cost me in Germany 4. 2d. a pound—I do not know what they cost here.
COURT to THOMAS PONDER. Q. Was this a machine that the prisoner used? J, Yes, to bundle the cigars in—sometimes there might be a remnant of two or three cigars put in this place—I felt convinced that they had been put there for concealment—the machine was in its usual place in the window.
GUILTY . Aged 15.—Recommended to mercy by the Jury and Prosecutor.— Confined Twenty-one Days.
1611. MARY LAWSON was indicted for stealing 2 night-gowns, value 2s.; 3 pairs of stockings, 2. 6d.; 3 aprons, 1. 6d.; 1 petticoat,2s.; 1 pair of drawers, 1s.; 6 handkerchiefs, 6s.; 2 towels, 4d.; 1 shawl, 5s.; 1 saucer,6d.; 2 smoothing-irons, 1s.; 1 scrubbing-brush,2d.; 1 basket, 6d.; and 1 shoe-brush,6d., the goods of John Sharp, her master.
MARY ANN SHARP . I am the wife of John Sharp, of Conduit-street. I was ill in bed, and the prisoner was sent to do for me—there was no agreement made as to what I was to pay her—she would have had what she required—she was fetched away, and I missed two or three articles after she was gone—I had given her a key to go to a safe where I kept some irons-the bundle in the officer's possession contains stockings and other things be longing to me.
ISABELLA SPICER . I live in William-street, Lisson-grove—the prisoner lodged in the same room with me. One Thursday evening she was not in the room when I came home—I found her in Devonshire-place—I afterward saw a basket in my room—I asked the prisoner what she was going to do with it—she said she had had some mangling, and was going to return tw basket when she went back in the morning—I afterwards saw the same basket in the coal-hole, and some clothes in it—I saw some brushes by the side of it.
Cross-examined by MR. DOANE. Q. Have you lived with her any time? A. She was with me six weeks—she had a child, but it is dead—she was at that time in great distress, reduced to one meal a day for herself and child—she pawned everything but what she stood upright in.
GEORGE FERRIS (police-constable D 112.) I took the prisoner, and were going to High-street office she said, "I am happier to-day than I was w taking these things"—she said, "I have been about this country five years, it is time I was out of it"—after her hearing she gave me this shawl off neck, and said, "It is Mrs. Sharp's shawl)."
GUILTY . Aged 30.— Confined Twenty-one Days ,
CHARLES REID . I keep a tobacconist's-shop and coal-shed in Duke's court, Bow-street. The prisoner was in my service—I put a new sovereigin into the till on the 14th of July, between nine and ten o'clock in themonung. and I missed it between eleven and twelve o'clock—there was no other person in the shop but the prisoner—I had been out of the shop, but he had
not—I always kept the till locked, and the key in my pocket—the till was-still locked, but the sovereign was gone—no one else could have taken it.
Cross-examined by MR. HORRY. Q. You gave the prisoner 3s. 6d. a week? A. Yes—he had been with me from three to four months.
WILLIAM MAYES (police-constable F 132.) I was called in to take the prisoner on the 15th of July—I found this sovereign at his lodgings in Queen-street, Seven-dials—he said that was his lodging—this sovereign and t cornopean were in a large green baize bag in a box—I saw a strange key in the till when I took the prisoner—he gave no account of it.
COURT. Q. You went to the room which the prisoner pointed out as the room be occupied? A. Yes—I there found 9s. altogether, a new sove-reign, and the rest in silver. u,. u-3 v.
Cross-examined. Q. He denied stealing the sovereign, did not he? A. Yes—I found 9s. secreted about his box, and there was 21. in silver in thiscanvas bag in the pocket of a pair trowsers—I know Duke's-court—I am not aware that it is a very bad court for thieves—the key that opened the box was one of five keys I found upon the prisoner.
CHARLES REID re-examined. I paid the prisoner 3s. 6d. a week, and boarded him—he did not speak of having any money when he came to me—I found him at the till with a key on the 15th of July, and I then missed some copper money—I did not know there was a second key when I missed the sovereign.
JURY. Q. Was there no one came into the shop from half-past nine o'clock till half-past eleven o'clock? A. No one in the cigarshop, where I missed this from.
COURT. Q. Had you lost any money beside the sovereign? A. Yes, for several weeks—on the 15th of July I found him standing close to the till, bis right hand against the till drawer, and the till open, and a key in it which was not mine—I never allowed him to go behind the counter—he was not employed to take money—I was out that morning for two or three minutes—I am always in sight of my shop—I was close by the shop in the street, speaking to a neighbour.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
CHARLES REID . On the 15th of July I found the prisoner behind the counter, with a key in the till, the till open, and his hand upon it—I missed at that time 11 3/4 d.—I had examined the till three or four minutes before, and left in it 3s. 11 3/4 d.—I left the prisoner in the next shop, the coal shop—I came back and found 3s. in the till, and 11 3/4 d. was found upon him.
Cross-examined by MR. HORRY. Q. All you said before was you missed some money, but could not say How much? A. No, I said I left 3s. 11 3/4 d.—this is my handwriting to this deposition—(read, "I counted my halfpence, which I keep in a wooden bowl—I missed some, but cannot say how much ") I counted, and there was 3s. 11 3/4.—I missed 11 3/4 d.
NOT GUILTY .
MICHAEL ALFRED . I did live at Kensington—I now live at Folkstone, "J Kent. On the 12ih of July I was in the Bays water-road, after twelve 0 clock at night—I sat down by the paik-railings to light my pipe—the prisoner
came and sat down by me—I felt her feeling about my trowsers—I felt her hand in my pocket, and shoved her away—I missed 2s. bd. when she went away—it was safe when I sat down—I followed her, and said, "Giie me that money which you took out of my pocket"—she said, "Get away, you b----old sot, I have not seen you to-night.
Cross-examined by MR. PAYNE. you said before that it was between one and two o'clock? A. I cannot say what o'clock it was—I know it was gone twelve—I had been in the Old Kent-road, and was going back to Paddington, where I worked—I had had but one pint all the evening, and was not a bit the worse for liquor—I was not fined bs. the next day, or the next day but one, for being drunk—I was fined for it last Saturday week—the prisoner sat beside me about five minutes—I did not give her anything—I did not state before, that I lost two shillings and some halfpence—it was one shilling, two sixpences, and some halfpence—I left the Old Kent-road about eleven o'clock—I went to a pawnbroker's shop after a grafting-tool—I then met two or three friends, and I smoked a dry pipe.
Q. Did you not go to the prisoner's friends, and say she was quite inno-cent; that you were in company with other women, and might have lost your money with them; and if they would give you 5. you would say she was innocent? A. No—they chucked 5s. down for beer—I received 5. from some of her friends—it was spent—there was a half-crown and two shillings and a sixpence given me—I did not say that I would say she was innocent, if they would give me 5s.—I did not find my money again—she said she bad not taken a farthing—I did not let her go out of my sight.
THOMAS SAVORY (police-constable D 58.) I was on duty in Edgware-road on the 12th of July—I heard some disturbance, and went to the spot—the prosecutor charged the prisoner with robbing him of 2s. bd,—she used a very disagreeable word, and said she had not robbed him—at the station-house she delivered up 11s. 6d. in silver, and 10d. in copper; and fonrpence was afterwards found on her by the searcher—it was about one o'clock.
NOT GUILTY .
MR. BALDWIN conducted the Prosecution.
JOSEPH POORE . I am a tailor, and live in Princes-court, Banner-street. On the 28th of July 1 was with Mr. Luff, in the evening, at the Pied Horse, Chiswell-street—he gave me three duplicates, three half-crowns, two shilling, and one sixpence, which he marked in my presence—next day I went to Mr. Luffs, according to his appointment, at half-past twelve o'clock—he keeps 3 pawnbroker's shop, in Crown-street, Finsbury—the prisoner was in the shop—I gave him the three duplicates—he sent them up the well, I believe—he went to the well, and brought out two handkerchiefs and a shawl—they were what were marked on the duplicates—one handkerchief was in pawn for 2s., the shawl for 2s., and one handkerchief for 2s. 6d.—he reckoned them up. and said they came to 6s. 10d.; 6s. 6d. for the things, and 4d. interest—I paid him two half-crowns and two shillings—they were part of the marked money I had received from Mr. Luff—the prisoner gave me 2d. change—ne drew the money off the counter with his hand, and let it fall into the till—' heard the sound of money fall into the till—this is one shilling that w marked and given to me by Mr. Luff, and one which I gave to the prisoner.
Cross-examined by MR. DOANB. Q. Are you quite sure you saw the money marked yourself? A. I am—I paid Mr. Luff the rest of the 10. back after the prisoner was taken—I saw no one in the shop at the time I presented
these duplicates to the prisoner—I never saw Mr. Luff till the Monday—I was introduced to him by Brannan.
WILLIAM LUFF . I am a pawnbroker, and live at No. 9, Crown-street, Finsburv. The prisoner is my apprentice, and has been so about five years—on the 28th of July I saw Mr. Poore—what he has said is correct—I gave him marked money, and on the afternoon of the 29th of July, after he had been to my shop, I asked the prisoner if he bad not delivered three parcels to a man with a white handkerchief on—(he was then in the parlour at the back of the shop—my sister was present)—he said he had delivered some—I had previously been in the shop to look at the drawer where the duplicates are kept—it is usual to pin the two duplicates together when articles are redeemed—I did not find the duplicates of these three articles—I found two out of the three, the one for the shawl for 2s., and the handkerchief for half-a-crown—I, then spoke to the prisoner—he said he had delivered some things—I asked How many, and he said he did not know—the drawer with the duplicates was produced in his presence, by my salesman,-and there was a duplicate for 2. missing—I called the prisoner's attention to that—he did not produce the duplicate for some time—when Sergeant Teakle, who was in plain clothes, came in, I asked the prisoner if he knew him—he said he did, and then produced the duplicate from his left trowsers pocket—I asked him for the money, and he said, "D your eyes, do you want that too?"—I said, "Yes, to be sure"—he took two shillings from his pocket, and threw them down—I took them up—one of them is marked, and is one that I gave to Mr. Poore—I gave the two shillings to Mr. Teakle.
Cross-examined. Q. When did you look at the till before this discovery was made? A. About two minutes before Mr. Poore came in—I was down stairs in the kitchen when he came—I had been in the shop not long before—there was then about 125. in the till altogether.
JOHN CORPE . I am salesman to Mr., Luff—I made out two of these duplicates, the handkerchief for 2s., and the shawl for 2s.—I remember Mr. Poore coming on the 29th of July, about half-past twelve o'clock in the day—after he was gone, I walked to the other end of the window and distinctly saw the prisoner open the shop till, put his hand in open, and draw it out closed.
Cross-examined. Q. you were outside the shop were you? A. Yes-nothing hung in front of the window—I was attending to the goods outside the shop—the window was about three parts full of goods—there was nothing at the end of the window that I looked through—there was a blank there at that time, on account of a set of china being sold—I swear I saw this distinctly—I knew Mr. Poore was coming and watched—I saw him come out with a parcel under his arm.
GUILTY . Aged 22.— Confined Three Months.
ALLEN pleaded GUILTY . Aged 17.— Confined One Month.
PETER HAWKINS . I am a cow-keeper, and live in Gore-lane, Kennington—on the 24th of July, about half-past five in the morning, I went in the fields at the back of the houses to milk some cows—I saw three strange lads looking at the backs of the houses—I saw one of them take a clothes-prop, take a shirt off the line and give it to Allen—I took him with the shirt—the
other two escaped in different ways—I am sure Leaver was one of them-they were all standing together, near enough for me to touch two—I got hold of one.
LEAVER— GUILTY . Aged 18.— Confined Three Months.
1617. MARY CARROLL was indicted for stealing 1 watch, value 12l. 12s.; 2 watch-chains, 6l. 10s.; 1 seal, 10s.; and 1 watch-key, 10s.; the goods of Frederick Bishop; and that she had been before convicted of felony.
FREDERICK BISHOP . I live in Grafton-place—I have been a servant, but have been out of a situation for fifteen months—on the 29th of July I met the prisoner at the corner of Stafford-street and Lisson-grove—she asked me to go with her—I said I had no money—she said, "Never mind, come along"—I said, "No, I would rather go home"—she said, "Nevermind, come home with me"—I went down to the bottom of Stafford-street, to No. 21, Steven-street—we went up stairs—she got a light—I took my hat off, and put my watch and chain into it—I undressed and went to bed—the prisoner came to me to bed with her clothes on—my hat was a white one, and my watch and guard were gold—after she had come to bed, she got up again in about ten minutes with the intention of washing herself—she went to the table, put her hand behind her, and took my watch out of my hat—she opened the room door, called Nance, and went down—I missed my watch and went down and called the police—my watch and chain, and seali were worth about 201.—I bought them abroad, about four years ago—I hate never seen any of them since—I am sure the prisoner is the woman—I bad no money—I had not a farthing.
Cross-examined by MR. HORRY. Q. What time was this 1A. About twenty minutes before one o'clock in the morning—I had been to Notting-hill and was returning home—I wound my watch up before I put it in my hat—I did not fasten the door, the prisoner shut it, but whether she fastened it I cannot say—I was quite sober—the table stood on the right hand side oa entering the room, and the bed was on the left—the prisoner got up to wash, and she said she would come again—I am certain there was no one came intothe room—we were not in the dark—she got a light—the table was not far from the door—it was close handy if anybody had opened the door—the hat was within reach, but they did not I can swear.
JOHN GRAINGER (police-constable D 21.) I saw the prosecutor and the prisoner together at the corner of Great James-street and Stafford-street about a quarter before one o'clock—I went into Steven-street scarcely half an hour afterwards, and the prosecutor was running out of No. 21, calling "Police!"—I recognised him as being the person I had seen with the prison—I have known her for years.
Cross-examined. Q. How soon afterwards did you see her? A. I was looking for her for three days from the night the watch was lost, and could not
find her—I have done everything I can to find the watch, and have not found it.
ROBERT HEWLETT . I live in Steven-street. I saw the prisoner and the prosecutor together that night—I noticed the prosecutor's hat was white and he had white trowsers—they passed me and went into a house not far from where I was—I saw the prisoner and another female come out of the house in about ten minutes, and they went towards Lision-grove—a man ran after her and gave the prisoner a bonnet and shawl—he came out of No. 21, the same house as the women came out of—I heard the prosecutor halloo "Police!"and two policemen were passing—I am sure the prisoner is the woman—I knew her by sight, but never spoke to her.
WILLIAM SHRUB (police-constable D 95.) I received information that the prisoner was wanted on this charge—I took her in the New-road—I told her what she was charged with—she said she was not there—I told her she must go to the station—she said she would go—I said she bad been out of the way for three days—she said yes, she had been laid up with the rheumatism.
ABRAHAM JACOCKS (police-constable D 81.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 23rd of October, 1843, and confined three months)—the prisoner is the person.
Cross-examined. Q. How many trials have you been at since? A. Perhaps a dozen—the prisoner has been seven or eight times in custody since then for stealing, principally of men she has been with—on two occasions the prosecutors would not appear.
GUILTY . Aged 17.— Transported for Seven Years.
THIRD COURT.—Monday, August 21th, 1846.
First Jury, before Mr. Common Sergeant.
GUILTY . Aged 19.— Confined Three Months.
ROBERT TURNER . On Sunday morning, 26th July, about half-past six, I was in a lane near Brompton, and saw the prisoner and another get over the iron rails into an area—I went up and saw the boots lying on a handkerchief partly on the mat and partly on the flagstone—I saw the prisoner putting some brushes into the handkerchief—when I spoke to him he put them back and tried to escape—I rung the bell and he was given into custody.
GUILTY . Aged 18.— Transported for Seven Years.
for—I got work on board the St. Michael steamer, and let the boat in June to the prisoner Whale, for 2s. a week—I afterwards found the boat and sculls at the Thames police station.
THOMAS WARNER . I am a lighterman. On the 27th of June Whale rowed up to me in the boat and asked if I wanted to buy a boat—I said yes, but I had not got the money—he said he did not want it, as he was going to sea, and money would be more acceptable to him—I afterwards bought it for 10s.—the prisoners were then both together—I paid the money to Sheridan—he said his name was William Gibbons—I did not know him—Whale was in the boat.
Whale's Defence. I did not sell it; I had it stolen from me one night; I heard some boys had sold it.
WHALE— GUILTY . * Aged 18.— Confined One Year.
SHERIDAN— NOT GUILTY .
JAMES THOMPSON . I live at No. 10, Hanover-street. On the 23rd of June I was at Hanover-stairs, and saw the prisoner there—he said, "What do you think of this boat, I want to sell her? I want 16s. for her; I bought it of a foreigner three weeks ago, and gave 1l. for it"—I gave him 12s. for it—I do not know the value of it—I am sure he is the man—I knew him by sight.
Prisoner's Defence. I sold him no boat.
GUILTY . Aged 19.— Confined One Year.
(There were four other indictments against the prisoner.)
GUILTY . Aged 18.— Confined One Year.
GUILTY .— Confined Three Months.
JOHN YATES, JUN . I live with my father, John Yates, at No. 250, Whitechapel-road. On the 13th of July I saw the prisoner undo a pair of shoes from my father's door—he stood right before me that I should not see—he gave them to two others, who ran away with them—he came back, and undid another pair, and then they all ran away—I called my father—I am quite sure the prisoner is the person, I had seen him with two others, about twenty yards from the shop, before the shoes were moved.
Prisoner's Defence. I never ran away, and never gave any shoes away; I intended to leave a deposit for them.
round a nail—he was three or four yards from the shop when he was stopped—he had not got the shoes—he pot them back when the lad hallooed.
HENRY PADBURY (police-constable.) I produce a certificate of the prisoner's former conviction—(read—Convicted April, 1846, and confined three months)—I was present at the trial—the prisoner is the person.
GUILTY . † Aged 19.— Transported for Seven Years.
CHARLES MILLER . I am a gunpolisher, and live in Smith-street, Stepney. On the 1st of Aug. I was standing in Cannon-street, and felt something touch my pocket—my handkerchief was gone—I turned, and saw the prisoner by ray side, with it in his hand—I caught hold of him, and took it from him—he used very bad language—I turned round for a policeman, and he knocked me down—I gave him into custody.
GUILTY . * Aged 21.— Confined Twelve Months.
1626. WILLIAM ROBERTS, alias Michael Cox , was indicted for stealing 1 purse, value 6d.; 4 sovereigns, 1 half-sovereign, and 2 shillings, the property of Mary Lloyd, from her person; and that he had been previously convicted of felony; to which he pleaded
GUILTY . † Aged 17.— Confined One Year.
GIOVANNI ROVILLO (through an interpreter.) I live at No. 78, Leather-lane. On the 20th of July I came out of the hospital, and three days afterwards I was walking for air in the street, and met a woman—I think the prisoner is the person—she took my handkerchief from me, and went indoore with it—I entered the house, and with one hand she gave me the handker-chief back, and put her other hand into my pocket, and took out a half-sovereign and a shilling.
Prisoner. It is false, you went home with me, and I laid on the bed with you; and because I would not submit to your indecencies, you bit me. Wit-ness. I had nothing to do with you; I did bite you to make you let go of my money, and four or five women came in and beat me, and tore my clothes.
JOHN WOOD (policeman.) About ten o'clock in the morning I passed Bluegate-fields, Shadwell, and saw the prosecutor and prisoner struggling—she had him by the hair of his head—he was bleeding from the mouth—the prisoner said he gave her 1s. to go home with her, and wanted the 1. back, and that caused the bother.
GEORGE ROGERS (policeman.) I brought the prisoner to King David-lane station—on the road she said the prosecutor gave her 1. to go home with her, and that in the scuffle she took the half-sovereign and shilling out of his pocket, and gave it to another girl—the house is a common brothel.
Prisoner's Defence. Instead of my taking anything from him, he took" a handkerchief from my neck; the blood on his mouth came from my finger.
GUILTY . Aged 23.— Confined Nine Months.
HANNAH WELLS . I am the wife of Edward Wells, office-keeper at the Metropolitan Stage-carriage Office. I went on board the Mercury steam. boat—I had a reticule with a bottle and knife-casein it—when we got to Woolwich I got up from my seat, and missed my bag—I looked round the vessel, and found the prisoner offering this spirit-bottle for sale—it is mine—I had drank about half of the spirits—he had been sitting close to me.
EDWARD THORPE . I saw the prisoner with the bottle in his hand—he said, I have found this here, you can have it for a pint of beer"—he said, "Per-haps you will take my baggage"—I found he had got no baggage—the captain asked if he had paid his fare—he said he had, and had lost the ticket—he had no money on him—I found the knife-case lodged on the paper in the water-closet.
GUILTY . Aged 21.— Confined Nine Months.
HENRY HUTTON . I am a patten-maker, and live in John-street, Whitechapel—the prisoner occasionally worked for me. On 23rd July, about nine o'clock, I gave him five half-crowns and one shilling—he was to go into Featherstone-street, City-road, for some materials—he ought to have been back about twelve o'clock—he did not return—I met him about three the same afternoon, in the Commercial-road—he threw three half-crowns away, and ran away—I called, "Stop thief!"and caught him—he said he had spent the money—I will take him back into my employ to work the money out.
GUILTY . Aged 19.—Recommended to mercy by the Jury.— Confined Eight days.
EDWARD CROXFORD . I assist my father, Newman Humphreys Croxford, of King-street, Hammersmith. On the 11th of Aug., about ten minutes to nine o'clock at night, I was in the parlour at the back of the shop, and saw the prisoner running from behind the counter—I ran, and said, "What have you been doing?"—he said, "Nothing, a penny-loaf"—he ran off—I ran after him—there had been between 2s. and 3. in shillings, sixpences, and copper, in the till—I found the tillp artly open, and the all money gone, except the copper—nobody else had been there between my seeing it safe, and his going out—I left the house for five or ten minutes, when I ran after him, but ray father was in the parlour—the prisoner was taken next morning—I am sure he is the person—I had not seen him before.
GEORGE LOWE (police-constable T 50.) I took the prisoner next morning—he said he was at work at Faulkner's brick-fields, from nine o'clock till one—I made inquiry, and found he had not been working there for a month.
JOHN HENRY DEAN (policeman.) I saw the prisoner about half-past nine o'clock, within twenty yards of the shop, and heard a row there—there were three of them together—I never saw him before, but I am sure he is the boy.
Prisoners Defence. I was at work at the time.,
GUILTY . Aged 16.— Confined Six Months.
MARY ANN MARTIN . I am single, and keep a house in London-terrace, Commercial-road—it is a brothel. On the 11th of July, about ten o'clock in the morning, the prisoner came with the prosecutor—she owed me some money, and came down and gave me 18d.—she said I was to give her the key of the room—I saw her with some half-crowns, shillings, and sixpences—I stopped her coming down stairs with the man's clothes—when I heard that she had pledged a jacket, I went to see what she had been doing, and found her with the man's shoes, stockings, and neck-handkerchief.
Prisoner. The man sent me to pledge them. Witness. He did not—I heard him charge her with robbing him; the jacket was produced at the pawnbroker's, and the prosecutor claimed it; I did not send my servant to pledge it.
HANNAH DOTLE . The prisoner asked me to pawn the jacket for 6.—I gave her the money, and she bought a shawl of the pawnbroker with it—this jacket now produced is Morris Duncan's—he claimed it, and charged the prisoner with stealing it.
HENRY HAMRETT . I am a pawnbroker. I had a jacket pawned by Doyle—I have not brought it here—the prosecutor claimed it in the prisoner's presence—the money was not put into the prisoner's hand—it was brought round into the front shop, and a shawl was bought with it.
Defence. I never handled the money; the man gave me the jacket, and he is not here to say he did not.
GUILTY . * Aged 21.— Confined Four Months.
ZILLAH WITHY . My husband is a pork-butcher, and lives at Westminster. On the 3rd of July I was in my shop, and saw the prisoner and another boy outside the window—I went out, and found the prisoner with a piece of pork in his hand—he brought it into my shop, and laid it on the counter.
Prisoner. I laid the money on the counter. Witness. There was no money on the counter; the pork was worth 2s.
GUILTY . Aged 17.— Confined One Year.
MICHAEL BYRNE . I am a pauper in the City of London Union. As soon as I came out of the gate on Monday morning, the prisoner and seven or eight others came round me—Rose held my hands, and Hall laid hold of my pocket, where the halfpence were, and tore it off—they had been in the work-bouse and got out before me—they go there every night.
WILLIAM GODFREY . I came out of the workhouse that morning, and saw a lot of boys throwing stones at the prosecutor—the prisoners were there—Rose said, "He has got half-a-crown in his pocket"—Hall said, "Let us go and take it from him"—they went up to him—Rose laid hold of bis hands—Hall tore the pocket off, and took pocket and money away.
Rose's Defence. I was twelve or thirteen yards away at the time the money was taken.
Hall's Defence. I did not take the money.
Confined One Year.
EDWIN EVAN MORRIS . I am captain of a schooner in the river Thames, On the 15th of August I was in Tooley-street—the prisoner Smith said, "I want you to give us a drop of gin"—I took her, and sent for some gin—I gave a sovereign to the waiter—he brought me 19. back—I had a £5 note in my pocket—we went from there to an oyster-shop, and had some oysters, and something to drink; then went to a public-house, and had three glasses of brandy; and my belief is, that something was put into it, for it stupified me; both the prisoners were with me—I said I wanted to go as far as London-bridge, and would employ a cab—I got into a cabt between twelve and two o'clock in the day, I should say—the two prisoners got in with me—I found myself at Rat-cliff-highway instead of London-bridge, about seven o'clock in the evening, without a single fraction in my pocket—I was stupified, I was not drunk—I have not found the note—the last place I recollect myself was in a cab at Snow's-fields—the caiman is not here, we could not trace him—I felt my money safe when I went into the cab—I have known Smith two or three years, and have had connexion with her.
JAMES STACEY . On the 15th of August the prisoners came into my house, and had something to drink—Smith asked me to take charge of a bundle, and Carroll left a sovereign and a half—when I heard this charge I informed the policeman—the bundle contained two bonnets and some new dresses.
RICHARD WOODS (policeman.) On Saturday week I was called, and took the prisoners—I told Carroll was going to take her into custody for robbing the captain—she laughed—I said, "Let me search you"—she said, "I have only got some coppers"—I found some duplicates on her at the station—I waited outside the cell while she was searched—two sovereigns were found in her stockings—she pinched the searcher, and said, "Keep one of the sovereigns, there is one a-piece for you, and don't say anything. "
Carroll. It is false.
THOMAS WATKINS . I took Smith into custody, and told her what it wat for—she said she knew nothing about it—I saw Carroll afterwards—she said to Smith, "It is all right, the note is blued—that means made away with.
Smith's Defence. I was in the cab with the captain; we got out, and I paid 18d.; we were looking at a show and missed him; we did not leave him.
Carroll's Defence. Three weeks last Saturday I left two sovereigns at Mr. Good's, in Tooley-street; I drew them out, and afterwards asked MR. Green to take charge of a sovereign and a half till two o'clock—I put the two sovereigns down my stocking.
SMITH— GUILTY. — Confined Three Months.
CARROLL— GUILTY . **— Confined Nine Months.
FRANCIS SHARPE . I am a pork-butcher. The prisoner was my servant—I took her from Wapping workhouse—on the 20th of July, about seven o'clock in the morning, I went out—I returned between eleven and twelve at night, and missed my coat and my wife's gown—they have not been found—this piece of linen cloth was found on the prisoner—I can swear to it, because it is hemmed on three sides, and the other is a selvage end.
EMMA M'INTIER . I am the wife of John M'Intier. I saw the prisoner pass my yard on the following Monday—she was obliged to come back, because there is no way through my yard—I saw her go out of the house with a bundle, with part of a coat and part of a dress hanging out of it—this is the piece of cloth—I did not give information for half an hour, because I thought she would come back again—my mother went after her and could not find her—I lodge in the same house.
WILLIAM BUTLER (policeman). On the evening of the 20th of July I took the prisoner—I charged her with stealing the property—she said she had not till she got to the station, and there she acknowledged it—she was drank—she had 12s.
Prisoner's Defence. Mrs. Sharpe told me to pledge them; a person met me and took them from me, and said they would not take anything in pledge of me, because I had the Union clothes on.
FRANCIS SHARPE re-examined, Mrs. Sharpe is in her confinement, and cannot attend—she never said before that Mrs. Sharpe told her to pledge them—when I went away I told my wife to get 1s. to get something for breakfast—the prisoner said, "Don't be beholden to any one, here is a good coat and gown"—she took them down and put them in the wrapper—she never brought them back.
GUILTY . Aged 24.— Judgment Respited
JOSEPH SCOTT . I am a grocer, and live at Oldham, in Lancashire. I was staying in London, and met the prisoner in Hyde-park, and asked him the way out of the park—he said he would show me, and I went with him—he caught hold of me by the coat, and said, had I any money—I said, only 2d.—he said he insisted on having my money—he whistled, and five men came out of the shrubbery, and insisted on having my money—I got them off with a stick which I had, but the prisoner followed me out of the park into Blandford-street, and watched me to my lodgings, and as I was turning down the mews he gave a whistle, and three men came—the prisoner said if I would not give him money he would charge me with an unnatural crime—the men brought a policeman, and took me to the station and charged me—the others would not come forward, and the Magistrate discharged me, and told them to take the prisoner in charge—he accused me of taking hold of not a word of it was true—I had been seven weeks in London.
Prisoner. Q. How did you come to take me into a public-house, and give me two pints of beer, and say you would meet me next day in the park again? Witness. I never took you into any public-house at all, and never gave you a drop of beer—I have a pint of porter every night, by my doctor's order—I was having a pint of porter on this evening—that was
after the business in the park, and you came into the house, took the porter, md drunk it up—I did not see any policeman, and so went home to my lodging—when I got in you brought a policeman—I did not stop you in the park and ask you * * * and undo your flap—you said that I caught hold of you, and that you had been easing yourself—I only asked you the way out of the park.
THOMAS SKINNER (police-constable T 192.) At twelve o'clock on Saturday night I was on duty in Blandford-street—the prisoner said he wanted to give a man in charge for taking indecent liberties with him in the park—he said the prosecutor got down his (prisoner's) flap, and had got his own trowser's down at the time—I asked if he had got any witnesses—he said he had and brought forward four others, who are in the habit of sleeping in the park at night, neither of whom appeared afterwards—I went to the prosecutor's, knocked at his door, and told him there was a very serious charge against him, and if he studied his character he would come with me to the station-I have not been able to catch either of the four men—they have not slept in the park since.
Prisoner. I am not guilty.
GUILTY . Aged 20.— Transported for Seven Years.
1637. GEORGE ALDRIDGE and JAMES BAXTER were indicted for feloniously assaulting Gottlieb Fisher, putting him in fear and danger of his life, and stealing from his person 1 watch, value 3l., and beating and striking, and using other personal violence to him; and that they had been previously convicted of felony.
GOTTLIEB FISHER (through an interpreter.) On the 6th of July, about half-past eleven o'clock, the prisoner Aldridge came up to me—I told him to go away from me, and pushed him away—he would not go away, and I collared him—he snatched my watch out of my pocket—I struggled with him for I long time—I am not certain, in the struggle, whether the guard broke—he threw the watch into Baxter's hands—I am quite sure Aldridge is the man who took it, and Baxter is the man who had it.
ELLEN WILLIAMS . I live at No. 12, Mill-street; I know Aldridge. About half-past eleven o'clock on this night I saw him catch the prosecutor by the neck, and take the watch and guard from his neck, and give it to two others, who went away with it—I did not know Baxter—he went away with it—I am sure Aldridge is the man that took it
Aldridge. Q. Where were you? A. Standing by the door—the prosecutor was not above five yards from me—he had not been drinking with me.
ELIZABETH SMITH . I was looking out of the window, and saw the prosecutor standing at the corner, and Williams close by—Aldridge came up, pulled him by the neck, and pulled the watch out, and gave it to Baxter—I am sure Baxter is the person who took it out of Aldridge's bands.
Aldridge's Defence. There was nobody with me; I went there because there was a row.
ELIZABETH SKELTON . I keep the house where Baxter lodges, No. 't Mill-court, Rosemary-lane. He was in bed at half-past eleven o'clock, the ume that this quarrel commenced, on Monday night—I cannot say positively wbat Monday it was, but it was at the time that this quarrel commenced, which was between one and two o'clock, I should say—he paid mo about an hour and a half before the quaiicl, and did not go out afterward
Aldridge to THOMAS BAILEY (policeman.) Q. Was it not half-past one o'clock when I was taken into custody? A. No; it was not one o'clock when we reached the station—I saw you and the prosecutor struggling together—I have been outside to-day, and have not heard the evidence—the women said at the time that you were the man who took it, and handed it over to another party—they did not say they knew nothing about it.
ALDRIDGE— GUILTY . Aged 26.
BAXTER— GUILTY . Aged 19.
Transported for Ten Years.
MR. BALLANTINE conducted the Prosecution.
JOHN EDWARDS . I am foreman to Mr. John Kelp, of South-street, Grosvenor-square. I was employed in King-street, St. James's—the prisoner was employed there as a plumber—he had to line a cistern—I found the suction-pipe of a pump in the cistern—I marked it, and left it there—I found the pump from which it had been cut—at seven o'clock next morning the prisoner came to work—I watched him—he did not see me—he went into the cistern to work—I asked if his labourer had come—he said no—I went on to the balcony of the next house, and saw him take the lead from the cistern, and put it into his bag—at about five minutes to eight I said, "Has your labourer come?"—he said, "No,"rind went away—I followed him, over-took him, and found four pieces of lead in his pocket—it was the lead I had marked.
Cross-examined by MR. MELLOR. Q. What was the nature of his duty? A. To attend on the plumber—the pump was not attached to the cistern—I had seen the lead attached to the pump at twelve o'clock—it had been used for drying mortar—I will swear it had not been used for stirring up the mortar—it had been left in my care for months—I have been in the business a considerable time—there are no perquisites—I can swear to the lead by this mark—it is worth 18d.—the pump was worth a good deal more—it is quite destroyed—when he was in custody he took two other pieces of lead out of his pocket
GUILTY . Aged 22.— Confined Four Months.
1639. BENJAMIN EMERSON and JOHN KING were indicted for stealing 50lbs. weight of peppercorns, value 1l. 17.; and 1 sack, is. 6d.; the goods of John Yates, the master of Emerson; and that King had been before convicted of felony.
Cross-examined by MR. BALLANTINE. Q. How do you know it? A. There is a mark on it—Emerson has been in the employment three years—he had access to the warehouse, to get bran—this pepper was taken from the warehouse—the stable door is not constantly open—the key is left in it.
then go back to the stable—in a few minutes I saw King come and go into the stable, and afterwards come out with this sack containing the pepper—I followed him into Wilderness-row, and asked what he bad there—he said he was going to carry it to the top of the street for a man, who was to give him a pint of beer—I took him to the station—he came from the stable—there is a house between the stable and the warehouse—I took him about five minutes before Emerson was taken.
EMERSON— GUILTY . Aged 29.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.
KING— GUILTY . Aged 43.— Transported for Seven Years.
1640. WILLIAM ASTON was indicted for stealing, at St. Marylebone, 1 watch, value 6l.; 1 watch-ribbon, 1 ring, 6d.; and 1 watch-key, 1d.; the goods of Charles Francis, in the dwelling-house of William Gethen.
CHARLES FRANCIS . I am a physician, and live in the house of Mr. Gethen, No. 14, Henrietta-street, Cavendish-square, in the parish of St. Maryle-bone. On the morning of the 11th of Aug. I left home, and left my watch and watch-ribbon safe—I returned about five o'clock, and they were gone—these now produced are mine.
CHARLOTTE GETHEN . I am the wife of William Gethen, of No. 14, Hen-rietta-street, Cavendish-square. On Tuesday last the prisoner came to hire our apartments—I took him up into the drawing-room, the room above where Mr. Francis lodged—we went up to the second floor—he came down into the drawing-room, and asked for a pen and ink—I went to get him one, and heard him go up stairs—I came back, and saw him with the watch in his hand—I said, "I will fetch you a larger sheet of paper,"and went and fetched a policeman.
Prisoner. Q. How far was I from you when you saw the watch in my possession? A. Two yards—I will swear it was the watch—it was found in Mr. Francis's room, but you ran back while I was waiting, and put it in its place.
GUILTY . Aged 29.— Transported for Seven Years.
(The prosecutor did not appear.)
FREDERICK WALLEN . On the 14th of July, between four and five o'clock, I was at the King's Arms public-house, and saw the prisoner with another female—they called for a pint of ale, and afterwards for a second pint—the prisoner then commenced a quarrel with some females—the prosecutor was standing there—the prisoner's sister struck him—he said, "I will not strike you"—the prisoner then struck the prosecutor a blow—she had a key in her hand—whether it was with that or her fist I do not know, but immediately his eye came out—I believe his name was Edward M'Mullin—a policeman was sent for, who took the prisoner—she was drunk, but knew what she was about.
Prisoner's Defence, The prosecutor shoved my sister, and she struck him over my shoulder; I did not see what with.
The prisoner called
THOMAS KIRKPATRICK . The prisoner and her sister were in a public-house at the comer of Whitecross-street—I do not know the day of the month—it was in June; no, it was in July—her sister was standing there—a man came forward and spoke, and she struck him; and then both of them ran at him, and struck him—I do not know which did it.
JOHN BLACKLOCK . I was at the public-house, and saw the prosecutor turned out twice—he came afterwards, and abused the women, and called them bad names—I was as near as the witnesses, and could not see who did this.
GUILTY of an Assault. Aged 24.— Confined Two Months.
WILLIAM THOMAS BALLS . I am a carriage-driver, and lived with the prisoner four or five months, as man and wife, in Gill-street, Limehouse. On the 18th of Aug., as we went home, we had a few words, but went on very amicably till I was getting into bed—she then threw a candlestick at me, and hit me on the back of my head—I said I would not put up with that—she had a knife in her hand eating her supper, and to prevent my getting out of the room she scratched me across the nose—it bled very copiously—the candle was out at the time—I never felt any pain, and never had a surgeon.
Prisoner. Q. Did not you fall on the knife? A. I do not know.
1643. EDWARD WALKER was indicted for burglariously breaking and entering the dwelling-house of George Hammond, about two in the night of the 15th of July, and stealing 1 clock, value 21, 10.; 1 writing-desk, 21,; 1 seal, 1l.; 1 key, 1l.; 1 pair of ear-rings, 5s,; 1 model of a church, 10s.; l glass shade,2s.; 1 box, 1s.; 2 pair of ornaments, 2s.; 1 shilling, 1 groat, 1 3d. piece, 12d. piece, 1 silver penny, and 2 pence; his property; and that he had been previously convicted of felony.
GEORGE HAMMOND . I am a merchant's clerk, and live at Whitehorse-terrace. On the 16th of July, about a quarter past two o'clock in the morning, I heard a noise in the house, came down, and found some things packed up in a bag, and other things removed ready for packing—I heard a noise outside—I heard the bars lifted—I ran to the door and heard men going out—I called, "Police"—a man left a coat and a knife behind him—the prisoner is about the size of the man I saw running away—I missed several things, and found a clock removed about a couple of yards—the kitchen window was propped up with a knife which somebody had brought—I had
WILLIAM DANIEL SMITH (policeman.) On the morning of the 16th of July, was called in, and the kitchen window wasshown me—I apprehended the P" soner on the 10th of Aug.—I found this coat at Mr. Hammond's—I have seen it before—I had apprehended the prisoner on the 12th of April—he endeavoured
to get away from me, and tore his coat on the right cuff—this coat I also torn, and I know it to be the coat he wore on that occasion—he said at the station, "you know where I bought it and what I gave for it"
Prisoner. This coat that I have on is the one you tore. Witness. That is torn on the left cuff—it was the right that was torn before—I am certain of that.
JAMES SONELL (policeman.) I noticed the coat the prisoner had on when he was taken in April—this now produced is it—I will swear to it—I have had him in custody several times and know his coat well—I can swear to it without any doubt—I particularly noticed it because he complained of it before me at the station and held it up and said, "Look where he has torn my coat"—I will swear it was on the right arm—it had a velvet collar—(the coat produced had a velvet collar and the one the prisoner had on had not.)
Prisoner. I have a witness to prove it is not my coat. Witness. The witness you intend to call is waiting his trial at Clerkenwell for pot-stealing.
JAMES ANDREWS (policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted March, 1845, and confined nx months)—he is the person tried and convicted—I have given evidence against him four times besides, and he has been twice summarily convicted.
GUILTY .— Transported for Ten Years.
(There was another indictment against the prisoner.)
1644. ROBERT GRIFFIN was indicted for uttering a forged warrant for payment of 10s., well knowing it to be forged, with intent to defraud Elias Moses and another:—2nd COUNT, stating it to be a certain forged order for 10s .
LEWIS ADOLPHUS . I am in the service of Mr. Moses, of the Minories. The prisoner was one of our tailors—when the workmen bring in the whole of their work they receive a ticket, which is taken to the clerk, and he pays them—this ticket is an order for money, and purports to be written by Mr. Pengelly—it is forged.
Prisoner. Q. Have you any of the tickets which I have received on former occasions of Mr. Pengelly's writing? A. No.
Prisoner. Q. Have you not given persons tickets twice in the week? A. Never; I have never been mistaken and given a person a ticket twice.
Prisoner. Q. Had you any suspicion of it not being Mr. Pengelly writing? A. Not the slightest, but I have now—it is not such a free hand.
Prisoner's Defence. I have received nothing but what was owing to me; I received the ticket from Mr. Pengelly on Saturday night, and kept it to provide for myself, as we are so often kept without our money.
JOHN FORSTER re-examined. I did not owe him any money—by receifinf the 10. he has overdrawn his account—the ticket merely says, "pay"—"already entered in the book How much is to be paid—the prisoner was called up—I looked at the book, and found I had paid him—he said I had not and, to make my statement good I searched and found the ticket, which exonerated me—if I had not found it I should have had to pay him again—I had go "paid" in the book.
GUILTY . Aged 26.— Confined Six Months
GUILTY .— Confined Six Months.
GUILTY .— Confined Six Months.
Cross-examined by MR. PRENDERGAST. Q. Have you had a good opinion of him? A. Yes—we have employed him four or five years—some of the cuttings fit my own dies.
GEORGE HARRISON (policeman.) I went into a shop in the Strand and found the prisoner offering these cuttings for sale.
(The prisoner received a good character.)
GUILTY . Aged 45.—Recommended to mercy by the Jury and Prosecutor.— Confined Three Months.
1648. GEORGE KEAN and RICHARD HUGGARD were indicted for stealing 8 lbs. of size, value 1s.; 4 lbs. of Green paint, 3s. 9d.; 2 lbs. of stone oker, 1s. 8d.; 16 lbs. of white lead, 5s.; and 12 brushes, 8s.; the goods of Abraham Gould.
MR. BALLANTINS conducted the Prosecution.
ABRAHAM GOULD . I am an oil and colourman, and live at Bevoir-terrace, Vauxhall-road. On the 1st of Sept., between four and five o'clock, the prisoner Kean came and asked if I made up colours—he handed me his card—he said he wanted a considerable quantity of paints, and that he had several houses-if I could supply him for ready money, at the lowest prices, he would give me another order—he ordered some whiting and size, and a quantity of other articles—he said I was to send them directly—I took them to No. 1, Trelick-terrace, and saw Mr. Keal, as the prisoner then called himself—he said he had no money in his pocket, and told me if I brought some more things there would be some money directly—I made up all the other articles on the following day; and the prisoner Huggard came to me and said, "Are not you making up some things for Mr. Keal?"—I said, "Yes"—he said, "Send them in directly, the gentleman is waiting"—a man then came for a pot of green paint, and told me to bring the other things—I sent them one after another, as quickly as 1 could—I took them myself to Kean—he promised to come and pay me for them at my shop—on the third morning he came and wanted some shoe-brushes—he asked me if I had made up the bill—I said I had—he took the brushes away, and told me to add them to the bill—I did so—he does not live in the house now—I have never seen him there since-neither he nor Huggard ever came to my shop again.
NOT GUILTY .
MR. BALLANTINE offered no evidence.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
JOHN WILLIAM PERRY . I live at Portland-road. Bethnal-green. The prisoner came to my brewery in the Wenlock-road, City-road, with a person he represented as his son—he inquired if I could let him a public-house—I said I could not—he said, "Have you got a beer-shop?"—I said I had one at Stoke Newington, which would take 300l. or 400l. to go into it.
JOHN SPENCER . I am landlord of the Prince Albert, Stoke Newington-road. On the 22nd of May, the prisoner and a person named Alfred Poole, came to look at my house, and produced Mr. Perry's card, with my name endowed on the back—I advanced him half-a-crown, besides some ale, cigars, and porter, which they had—he wrote me this check for 50l., on Jones, Lloyd, and Co., in part payment—I let him have the half-crown because he gave me the check—I had never seen him before—I did not see him again till he was given in charge at another house—I did not know his name.
Prisoner. Q. Did not we sit down and drink together? A. No, there was only you and your son.
NOT GUILTY .
THOMAS BANBURY . I live in Whitmore-street, Hoxton. On the 20th or 21st of May, the prisoner came to my house in company with a young lad—he said he had come from the brewhouse where I dealt, to look at my house—I said I had some thoughts of letting it—he said he was fatigued, he must come in and sit down, and have a glass or two of ale, for he had walked, having no money, as he had left his purse on the table at home—I showed him over the house—he said he liked it wonderfully—I told him the price was 120l.—he said it was just what my brewer told him it would be—he gave me a draft for 20l. on Jones and Loyd, and I was to come down in the afternoon and settle when he was to come into the house—I gave him 2s. 6d. to pay his carriage back—there was one shilling and three sixpences—I should not have given it him if he had not given me the check—this is the check-in fifteen minutes after he was gone away I saw through the whole case.
Prisoner. Q. Did not I have drink to the amount of 2s. 7 1/2 d. and bread and cheese also? A. No, you had no bread and cheese.
ALFRED WILLIAM BARBER . I am clerk to Jones, Loyd, and Co., of Lothbury. I know nothing about this check—the prisoner has no account with us, and never had, to my knowledge—(check ready" May 21, 1846,—Please pay the bearer, at Jones, Loyd, and Co., the sum of 20l. on demand.)
Prisoner's Defence. The landlord lent me the half-crown to pay for the beer; I was prepared in the course of three weeks or a month to sell a house and some stables, and to pay the money into the hands of Jones and Loyd, when I should take possession of the house; these two houses are both toge-ther; I went to one because it was better than the other.
GUILTY . Age 65.— Transported for Seven Years
MARGARET FIELD . I live in Mill-street, Rosemary-lane. On Tuesday morning, the 18th of Aug., about half-past one o'clock, I was in the Carlisle public-house, Rosemary-lane—the prisoner was in another part of the room—we
had had words a month before—she was intoxicated—she struck me on the head with a quart-pot—my head bled.
Prisoner's Defence. I did not cut her head open; there were twenty people between her and me.
GUILTY of a Common Assault. Aged 24.— Confined Two Months.
(The prosecutrix admitted having received half a sovereign from the prisoner's sister to settle the case.)
MR. EVANS conducted the Prosecution.
ELIZABETH BARRETT . I am the wife of Thomas Barrett, of Chancery-place, Shadwell. On the 14th of Aug. I saw the prisoner gathering dust with a cart—he was scolding a woman who lives in the same house as I do—I interfered—I struck him the first blow—he struck me again, and knocked me down, and cut the right side of my head with his fist—I fell with the blow he gave me—he ran away—I saw my husband coming, and told him—: he went after him, and struck him several times—my husband was taken up for it—I came home and laid down on the bed—in a short time afterwards I could not stand, and found I had been stabbed in the lower part of the belly—my clothes were cut right through—no one had been near me bat the prisoner—I never saw a knife or any other instrument in his hand—none of the women could have cut me.
Cross-examined by MR. HORRY. Q. There was a general row? A. Yes—I was the first woman that was there, and the first that struck him—he was the only man among them—the rest were women—my husband is not here—he is about the same size as the prisoner—the prisoner had a basket in his hand, and was going to the dust-hole.
DANIEL ROSS . I am a surgeon, and live at High-street, Shadwell. I examined the prosecutrix, and found an incised wound on the lower part of her belly, about three quarters of an inch deep, and about an inch in length, as if from a knife—the wound corresponded with the cut in her clothes—it was a flesh wound—it did not penetrate to the bone, and was not dangerous—I only dressed it once—the knife produced would produce such a wound—she had another wound on the right side of the head.
Cross-examined. Q. you did not see it till two hours afterwards? A. About that time.
COURT. Q. Was it such a wound as could be made by her falling on anything? A. I should say not—it was so finely cut through the dress, that it must have been some sharp instrument.
The Prisoner called
----DUNN. The prosecutrix fetched a poker and struck the prisoner over the eye—he met her again in the highway, and she and her husband struck him again.
JURY. Q. Were you present when she was knocked down? A. Yes, they both fejl together.
NOT GUILTY .
OLD COURT.—Tuesday, August 25th, 1846.
Fourth Jury, before Mr. Recorder
1654. SARAH BROUGHTON, alias Judd , was indicted for breaking and entering the dwelling-house of James Goddard, and stealing two coats, value 10s.; 2 pairs of trowsers, 6s.; 1 waistcoat, 2s.; 1 hat, 1s.; and 1 sheet, 1s. the goods of John Palmer; and that she had been before convicted of felony.
MR. BALDWIN conducted the Prosecution.
JOHN PALMER . I live at No. 2, Wilson-street, Barnsbury-park. On Tuesday, the 24th of July, I went out at half-past five o'clock in the morning—I am positive I locked my door—I have only one room, which is the back parlour-the window was shut down, I am positive—it had not been open that morning, but I fancy it was not fastened—I observed that it was closed before I went out—I cannot say whether I shut the street door or not—I returned at seven o'clock in the evening, and found the room-door tied up with a cord—the staple of the lock had been wrenched off inside—I found a rasp and a table-knife on the bed—I suppose they had got in at the window, and forced the door from inside, because the door-staple inside was broken—it could not have been done I from outside—I missed the articles stated in the indictment—these things produced are all mine—they are worth about 2l.—the prisoner is a total stranger to me—I saw her the evening before, about a quarter after eight o'clock, and she asked me if Mrs. Goddard was at home—that is my land lady, who lives in the next room—the prisoner was then at the door—I was in the room, she knocked at my door, opened it, and asked me the question.
Cross-examined by MR. PAYNE. Q. You were near your room door, the door was not fastened? A. It was ajar—I know it was the prisoner by her features—I saw her when the policeman took me to a cottage—she stood with the door in her hand, and looked me full in the face—I know this waistcoat-here is a piece which I put in the back of it myself—I have no particular mark on the other things, but I know them to be mine—three families live in the house besides the landlady—I found the clothes in the prisoner's possession—I locked the door, and took the key with me—I know I did not open my window that morning—it is my habit, but something strikes me that I did not do so—I am certain I did not—I recollect looking at it, and seeing it was down—I fasten it sometimes—the room is about eight feet by twelve.
MARY ANN HIPKINS . I am the wife of Henry Hipkins, and live in this house. On the morning in question, between nine and ten o'clock, I caroe down, and saw Mr. Palmer's door open—it is a back room—I knocked at the door to see if he was at home—I received no answer, and knocked at Mrs. Gadden's door, and went over to Mr. Gadden's son's to come and fasten the door up—he tied it with a bit of rope—I did not notice the lock—I did not go into the room.
July, at a quarter before seven o'clock in the morning, standing before Mr. Palmer's door—she said, "Is Mr. Palmer at home?"—I said, "1 don't know"—I left her there, and went away.
Cross-examined. Q. you had seen her there several times? A. Yes—her her sister lived in the first floor front room at that time—I do not know what the prisoner is—her sister has a person living with her—I do not know whe-ther they are married.
ALEXANDER PHILLIPS . I live in Great Saffron-hill. On the 24th of July, between ten and eleven o'clock in the morning, I was standing at my door, and the prisoner asked me if I would buy some old clothes which she had—I saw they were very old—I asked her if they were her husband's—she said that she had parted from her husband—I asked How she got them—she said she went out charing, and they were given to her where she had been at work—I gave her 5s. for them—they were two old coats, two pairs of trawlers one hat, and one shirt, which are now here.
Cross-examined. Q. you are a general dealer? A. Yes—the things are not worth 10s.—I have repaired them myself, and now a person here values the whole of them at 10s.—I have done about 4s. worth of work on them—: they are not worth 2l. to me—I have not had the waistcoat—I never saw the prisoner before, but could tell her among 10,000—she had not that shawl on—she had a dark shawl—I swear to her countenance—she had a bonnet on, I do not know what kind—I saw her in custody four days after.
JAMES BRANNAN (police-constable N 9.) On the 25th of July I took the prisoner in charge in Pocock'n-fields, close to the cottage where she lives, and very near to the prosecutor's—I told her what it was for—she said she did not commit any robbery there, or at any other place—I took her to the station, and handed her over to the woman to search her—I looked through the cre-vice of the door, and saw her moving her hand very quickly—I pushed the door open, and took a duplicate of the waistcoat from her mouth—nobody but her self lived at the cottage—there is no difficulty for a woman to get in at the window—it is about four feet high, and there was a tub placed underneath for a person to step on—this rasp and scissors laid on the bed—they belong to Mr. Palmer—he said they were taken from his bench.
EDWARD JEFFREY (police-constable N 259.) I produce a certificate of the prisoner's former conviction—(read—Convicted Feb., 1844, and confined one year)—I was present at her trial—she is the person mentioned in the certificate.
GUILTY * of larceny. Aged 25.— Transported for Seven Years.
MESSRS. PRENDERGAST and HORRY conducted the Prosecution.
THOMAS GUNN . I am a printer, and live in hand-court, Holborn—the prisoner Phillips ordered me to print 1000 of these bills—I have not the manuscript here—he took them away at different times, and paid me 30s. for them—I rather objected to print them at first, and began to question mm—he said, "You need not be afraid"—I said, "I shall put ray name to 11" he said, "Oh, you may do as you please about that."
Prisoner Phillips. Q. Who wrote the copy of the bill? A. you dictated
it and I wrote it—you said you wanted me to print 1000 copies—I demurred rather—you said, "Oh, you need not be afraid, they will be glad to give you 100l. not to print any more"—I saw the state that you were in—it was in consequence of that that I printed it—you were swollen about the forehead—you told me you were all over bruises, and pointed to your face—I think I recollect your taking off your coat and showing me your arm—it was bruised—you had the appearance of being ill-used—your face was swollen and bruised, and the skin broken—I did not see the state your clothes were in—it was two or three days after that you came to me—you told me it had hap. pened on Monday, but this was Wednesday or Thursday—my mouth has not been stopped with gold.
MR. PRENDERGAST. Q. Did he seem to have been fighting with somebody? A. Yes, I did not see any serious wound—I think he had a mark across the nose—I think the skin was broken about his face—I did not know that the persons named in the bill were to be found every day—he told me he had preferred the indictment, and wanted witnesses—I did not get the bills stuck—I gave them all to the defendant—I have certainly not been corrupted by gold.
Prisoner Phillips. Q. Did I say I had preferred an indictment or was going to do so? A. you said you had indicted them—I have printed many bills for you in Bishopsgate-street—I have known you fifteen years.
WILLIAM RATCLIFFE . I saw the prisoner Phillips receive a number of bills from the printer—he told me to distribute some of them—hedroveacai all round London to all the China shops, and delivered some at all the shops—I have some of them here—I distributed them by his direction at the China shops—I do not know what was done with the others—they were distributed by different people, and stuck up in the street—I heard him give a man direc-tions to stick them all about Tommy Wedgwood's and Jimmy Richardson's, and he swore he would burst their b----belts before he had done with them—I do not know what that meant—he did not drive about town with the bills in his gig—he went squandering away another man's property in a cab—I thought he was foolish, the cab man asked 1s. 6d. and he gave him half-a-crown.
Prisoner Phillips. Q. you saw I was bruised and kicked the day after!A. I saw you had got a bruise on your ear—you said that was done by falling, and that you had fallen down and bruised your knee—you said if I had been there I should have beat Tommy Wedgwood and Jimmy Richardson, and all the lot of them—you showed me your naked body, and said, "What do you think, I have been to my doctor"—you used language I could not repeat in the presence of females.
COURT. Q. How came you to drive about with a man of that description. A. I was not aware he was the sort of man he is—I thought quite differently of him, he was so humble and even submissive under Mr. Wedgwood's employment.
Prisoner Phillips. Q. Do you recollect going with me to Mr. Wedgwood I counting-house the day after it occurred 1A. Yes—I have not been selling Mr. Wedgwood any figures lately—I cannot say what my father has done—I never was your servant—you never fetched me out of my bed to attend to my work—Mr. Thomas Wedgwood did not say to you in my presence) the day after it occurred, that Jessie Jim Richardson had given you a d—d good hiding, and should give you another—you put you fist in Mr. Wedgwood face, in his counting-house, and said, "D—your eyes."
COURT. Q. Was this before or after that, that you drove about with him
in the cab? A. Before—I remonstrated with him—Phillips endeavoured to make himself master—he told me if I did not go and swear Mr. Wedgwood had threatened to murder him, Moe Jacobs, the Jew, would lock me up, the same as he had Tom Westwood, Richardson, and others—Mr. Wedgwood did not say, in my presence, that you ought to have a good hiding,
JOSEPH RICHARDS . I live in Little Russel-street, Mile-end. I saw the defendant Phillips in the month of May—he gave me this bill, and told me to give it to Mr. Thomas Wedgwood, my master—I did so, as soon as he returned—this was on a Tuesday—Phillips came to me, opposite my master's door—I sa w several of these bills stuck about Mr. Wedge wood's neighbourhood—I counted sixteen pasted all within 200 yards of one another, in Whitechapel-road; some, opposite master's premises, the corner of Dorset-street, and Crispin-street, Spitalfields—Mr. Wedgwood was always living there—he was not out of the way, nor was Mr. Richardson—they both follow the same business, and deal together—there is an Edward Wedgwood Phillips in the China and glass trade—a great number of people stopped to read the bill.
Prisoner Phillips. Q. Did you hear there had been a row the previous night at Mr. Wedgwood's? A. Two females, who live opposite the premises, told me so—I did not hear from anybody that you had been knocked down and kicked about.
JAMES RICHARDSON . I live in Union-street, Bishopsgste, and deal in earthenware, china, and glass. I saw a number of these bills stuck in the neighbourhood—my neighbours were much alarmed at them, and came to my house to know what was the matter—they had heard that a reward was offered for me, and that I was out of the. way—some people came round the door in the morning, and said, "Why, there you are, you are wanted"—some of the bills were left at my house—the prisoner Phillips came to my house on the 18th of May—I turned him out—I went to Mr. Wedgwood's that evening, at the corner of Crispin-street, on business, and Phillips came there, and behaved so ill, that Mr. Wedgwood told him to leave his premises, for he would not have any fighting.
COURT. Q. Had they began fighting? A. He came up to me, and said, "Now, d—yon, you are here, Tommy Wedgwood, if I cannot lick Jim Richardson, I will give you 10l. to give him"—I said, "Get out, you have had enough to-day"—he had been at my house between three and four o'clock, and said, "Did you tell Tom Wedgwood, if I insulted you, you would give me a good hiding?"—I said, "Why? if you or any other man did, I would if I could"—he said, "I will give you a sovereign to lick me"—I shoved him out of the house by his shoulders—I went to Mr. Wedgwood's about nine o'clock—I did not expect to see him there—I was there an hour before he came—he then talked about giving Mr. Wedgwood 10l. to give me if I could lick him—I did not attempt to fight him—I never got off the counter—I said, "Go home"—he said, "If I can't lick you and Tom—,"and with that he took his coat off, shoved his fist in my face, and we then had a scuffle—I threw him—he pot up—I threw him again—he got behind the counter, called me and Mr. Wedgwood "swindlers"and pickpockets,"and that he would give me a Herbert Taylor"next morning—next morning I received a copy of a writ from Herbert Taylor—I left the house, not wishing to annoy Mr. Wedgwood's—I left Phillips there behind the counter, abusing Mr. Wedgwood—Mr. Wedgwood's is a very large business, and neither he nor a ever ran away km any we are always on the spot.
Phillips. Q. I served you with a writ for an assault next morning? A. yes—I did not knock you down at my housu—I said, "Walk out"—you
said, "No, I sha'nt"—I did not knock you down—none of my hawken knocked you down—I have two or three hundred hawkers—your master, very likely, served some of them—I never said I would never leave you till I ruined you, or that I would transport you—I never sent my servants to annoy you—I am under recognizances to appear next Nov. for the assault and was bound over to keep the peace at the Middlesex sessions.
MR. PRENDERGAST. Q. What! he swore the articles of the peace againtt you? A. Yes; against me, Mr. Wedgwood, and another—I was not present then, and knew nothing about it, till a friend came and told me, and I got bail, without being apprehended.
Prisoner Phillips. Q. How many times did you knock me down at Mr. Wedgwood's that night? A. I never knocked you down at all, or kicked you.
COURT. Q. What business is the defendant Phillips? A. He was Mr. Wedgwood's servant—he took him out of charity—he then went to Mr. Wedgwood's nephew, who lived within twenty yards of me—I never interfere with them—I let them carry on their course, it must end in ruin—they have not been in business five months, and his master, Edward Wedgwood Phillips, is a bankrupt, through his misconduct—he opposed me.
THOMAS WEDGWOOD . I live in Crispin-street, Spitalfields. On the 18th of May Mr. Richardson came to my house—after he had been there Mine time, Phillips, the defendant, came—he and Richardson had a scuffle together—I told him not to fight in my shop, but go into the street—Richardson left, and the prisoner went away afterwards—to the best of my recollectioo, he left of his own accord—there was no attempt to murder him—Ratcliffe was not there—I do not think Phillips was turned out of my shop—I never touched him, not even put a finger on him—I was sitting on my counter ill the time, and never interfered, except requesting him to leave the shop—I have been in business about twenty years—I saw the placards posted opposite my shop, and on boards opposite the Eastern Counties Railway—tome were given to my men—it has been a great annoyance to me—people came und said, "It is almost dangerous to come to your shop, by what I ban heard by these papers"—I never had a quarrel with Phillips myself—E. W. Phillips is my nephew—the defendant Phillips left my service, and went to be manager to my nephew.
Prisoner Phillips. Q. Did not you tell me Richardson was going to giw me a good hiding, and I asked what it was for? A. No—I told you you had conducted yourself very improperly, and I was afraid you would get into trouble—you came to me on the Tuesday morning after this happened—I did not see any marks of violence on you—your nose was very red with the effects of drinking—I did not say Richardson was going to give you another good hiding—you have ruined my nephew, and caused him to be a bankrupt—he had a fortune of his own.
George William Owen. I saw a great many of these bills distributed—I received one at Westminster-hall—Phillips, Brown, and Jacobs were giving them away there—Jacobs is a solicitor.
The libel was here read as follows.—"Diabolical outrage! Cowardly attempt at murder! Handsome reward! Whereas, on the evening of Monday last, between nine and ten o'clock, Jesse Phillips, manager to Edward Wedgwood Phillips, Esq., earthenware manufacturer, from Longport in Staffordshire potteries, No. 75, Bishopsgate-street without, was grossly and cowardly attempted to be murdered, on the premises of Thomas Wedgwoouj Crispin-street, Spitalfields, by James Richardson, Thomas Wedgwood, and others; this is to give notice, that a handsome reward will be give to all and
every person who witnessed the same, coming forward to give their evidence before the Grand Jury. Apply to M. Jacobs, Esq., solicitor, Berwick-street, Soho. May 21st, 1846."
The defendant Phillips, in along and unconnected defence, stated, that from the time Edward Wedgwood Phillips opened his shop, there had been a constant endeavour to injure them in their business, and that his life was in continual danger: he had indicted some of the parties, and had merely printed the placards in question to obtain witnesses to support his charge, there having been a large number of persons opposite Mr. Wedgwood's shop, crying, "Murder and shame!"at the time when he was kicked and knocked about io A most cruel manner.
PHILLIPS— GUILTY . Confined One Month.
BROWN— NOT GUILTY .
1657. JEREMIAH ROSCOE was indicted for stealing 40 yards of carpet, value 6s.; the goods of Lancelot Rowlandson; and MARY ROSCOE for feloniously receiving the same, well knowing it to have been stolen
MR. CLARKSON conducted the Prosecution.
WILLIAM DANIEL SMITH (police-constable) I produce a piece of carpet, which I got from Mr. Dowson, of Greenwich—I took the male prisoner in charge on the morning of the 8th of June—I told him he was charged with stealing a quantity of carpet and horse-hair from Mr. Rowlandson, and selling the same to Mr. Dowson—he said, "Very well."
LANCELOT ROWLANDSON . I am a furniture manufacturer, and live in the Whitechapel-road. The male prisoner was in my service on the 6th of June, as a mattress-maker—he lived out of the house—I never authorized him to take. any carpet from my premises—the carpet produced is my property—I know it by these marks (pointing them out)—it is put on by us—this small piece wai produced from Dowson's—it was safe on my premises in March last, and was never sold—my shopmen, Lishman and Sayer, and others have authority to sell as well as myself, but the others have left and gone into the country—they left after the 7th of June—one of them, a female, I believe assisted in stealing the property—I have lost a carpet of this pattern—this was 15s. yards—it was in a roll when it left my premises—it is now made into a carpet—I had inquired for it between March and June—I never inquired of the prisoner for it.
Cross-examined by MR. DOANE. Q. How do you know it had not been sold? A. I am confident it was never sold, or they would have accounted for it—the prisoner Jeremiah was employed on my premises—the female was not—she used to take her work home—she never went into the carpet-room—she used frequently to come for work there—this is my private mark—it is the same as Mr. Jackson's, of Norton Folgate, but I know it by the figures being one of my shopmen's writing—his name is Hutchinson—he has absconded.
Cross-examined. Q. How many people in your service make marks? A. An of them—I can identify my men's writing—we have a peculiar way—this is not made the same as our men mark—I know their marking as well as my own writing—this letter I is not made by my people—they are not here the goods were never mine—I have none of that pattern, and have not had any for some years—we sold some perhaps three years ago.
GEORGE GREAVES. I was in the service of Mr. Rowlandson. I saw this in abate of cotton at Mr. Roscoe's stable about six months ago—I did see who put it there—I cannot tell when it was I saw it.
Cross-examined. Q. It was in old Roscoe's stable, the prisoner's father? A. The prisoner lived there as well—they kept it together I believe—young Roscoe used to be there, and sell, and carry on the business—I do not know whether the stable belonged to the old or young man, but the old man car-ried on the business, with his wife.
MR. CLARKSON. Q. Did you help to move it from the stable? A. No—I helped to move the bale of cotton into the stable, and the carpet was concealed in the bale—I think it was the prisoner that I helped to move it, but it was so long ago I do not recollect, to be certain, whether the male prisoner wai with me or not.
----DOWSON. I keep a warehouse at Greenwich, for new property generally—I have been a pawnbroker. I boaght this carpet in March last, I have every reason to believe, of the witness Glenman—I am not positive—I have bought it of him—I have invoices of 100 pieces of Brussels carpet—I nerer bought any carpet of the male prisoner, but he was with Blenman when I bought it—they came together.
COURT. Q. But you did not buy it of the male prisoner? A. Blenman always acted as salesman for himself and partner, as he represented the male prisoner—he made that representation in the male prisoner's presence in this instance—this piece is fifteen yards and three quarters—it was bought in a roll, and afterwards made up—I reckon this at about 2s. 6d. a yard—I have my book with me—there is no name to the entry; but from the entry, I have not the slightest hesitation in saying this is the transaction—we have fifty trans-actions in a day with men who bring goods—the trade price of this is 2s. 8d. without being soiled.
JOHN BLENMAN . I think I sold this carpet (looking at it) to Mr. Dowwn—I got it from the male prisoner's father—I cannot recollect whether the male prisoner was present—they do not both live in the same house—I got it from old Mr. Roscoe's house.
NOT GUILTY .
LANCELOTT ROWLANDSON . This table is my property—(looking at it)—I know it by the foot being broken—I was sending some goods to Manchester on the 25th of April, and had intended this to go there—I put it away in the end store warehouse—I never authorized the prisoner to take it—there was a defect in one of the feet, which is here now, and I swear it is my property—H never was sold—I missed it on the morning of the 27th of April—on the 7th of June I went to the premises of the male prisoner, in Clarence-street, Waterloo-town, with a policeman, and found the table there—I claimed it—the prisoner was there—I told the policeman to put his initials on it—I asked the prisoner where he purchased it—he said, of a man at his own door—I did not ask him when—it was unpolished when I lost it—it had to be finished, and to have the leg mended, before it went to Manchester—the prisoner was in the habit of working at the end warehouse at the time I lost it—Hutchinson was in my service—he has absconded—I know the prisoner and he were acquainted.
Cross-examined. Q. He was acquainted with all the men with whom he worked I suppose? A. Yes; Hutchinson came there every day—my attention was particularly called to this table by the broken foot—it does happen nowand then to break the foot of a table—I am sure I missed it as long ago as the 27th of April—Roscoes were in the habit of coming to work there—the prisoner married in June I heard, and went to live in Clarence-street away from his father—I claimed several things at the same time, which were found at his house.
ROBERT DALLAS . I am a cabinet-maker, and live in Green Hill-rents, Smithfield—I made this table for Mr. Rowhmdson, he ordered a dozen—this was one among them—I sent it home three or four months ago—the bolt was rather too large and came against the worm—I put three blocks underneath here to make the bolt fast—I recollect putting one mahogany clamp on it and securing it—this is my work.
Cross-examined. Q. you never made a mistake in a bolt beiag too Iwge before? A. No—I make a great many tables—I charged a guinea for it—it was not French polished, that would be 2s. 6d. more—it is 3 feet 6 inches.
GEORGE GREAVES . I was formerly in the employ of old Mr. Roscoe—I left him about Easter time, he worked for Mr. Rowlandson, as well as his son—I remember the prisoner being employed at Mr. Rowlandson's place to make mattresses—the Roscoes had a stable near the prosecutor's house, they both used it—I was employed to clean the horse—Stepney fair was at Easter—about that time I saw the prisoner coming from Mr. Rowlandson's warehouse with the top part of this table—he put it into the stable—he then went back to Mr. Rowlandson's warehouse, and fetched the other part—he then covered it over with a flock bag.
Cross-examined. Q. The fair is at Easter and Whitsuntide? A. Yes—this was at Easter—Mr. Rowlandson's warehouse is next to Roscoe's stable—Roscoe lives in Baker's-row—I was outside the stable—I saw the prisoner take the table in—I had no conversation with him—the first time I men-tioned this was last week—there were two horses kept in the stable—there was no one there besides nte at that time—it was in the evening—I swear to the table by a piece chipped off one of the claws—I was in Mr. Rowlandsoa'B warehouse when it was broken off—it was knocked against a wash-hand stand—I never asked why the table was brought into the stable—I am a mattress maker—I work for Mr. Rowlandson now, I worked for the prisoner when I saw the table, and left about three weeks or a month after—I did piece-work and earned 1s. 8d.—some of it was stopped, and I left—he did not charge me with having robbed him—he may have done so a good while ago, but he did not charge me with dishonesty more than that once—he did not send me away—I went into Mr. Rowlandson's service about six weeks ago—I never mentioned anything about the table till three weeks ago—I never suspected anything wrong about it, having seen several things there.
MR. CLARKSON. Q. How long ago was it you were charged with stealing something? A. When I had been there about six weeks—I have worked for them just three years—old Roscoe charged me with taking some chaff"—Iwas never taken before a Magistrate nor any policeman sent for—I continued in the service as before—I knew the Roscoes were in the habit of packing goods for Mr. Rowlandson—the table was put into the stable because it was damaged—as soon as I was asked a question about it I made a statement—I have not the slightest reason to quarrel with the prisoner—we were always very good friends—I was unwilling to come as a witness till I was made.
WILLIAM DANIEL SMITH (policeman.) On the 7th of June I accompanied Mr. Rowlandson to search the prisoner's premises—I found a table there—Mr. Rowlandson said he thought he knew it—on his saying that, the prisoner aid he bought it at his father's door.
GUILTY . Aged 23.— Transported for Seven Years.
(MR. CLARKSON. stated that the prosecutor had been robbed to the amount of between 1400l. and 1500l.)
THIRD COURT.—Tuesday, August 25th, 1846.
Second Jury, before Edward Bullock, Esq.
NOT GUILTY .
NOT GUILTY .
SARAH TOWNSEND . I am the wife of Charles Townsend, and am sent to Miss Sarah Brown, of Parson's-green, Fulham. The prisoner is a carrier, in the service of Mr. Woods—I knew him by his coming backwards and forwards—on the 26th of July he brought a basket for Miss Brown—he said there was 2s. 2d. to pay—Miss Brown said she was confident it had been paid—I went down and told the prisoner so—Miss Brown said she never knew Mr. Brown to send a parcel without paying before—the prisoner said the 2s. 2d. was right—Miss Brown came to the door and gave me the money—the prisoner made out this bill, (produced,) and I paid him two shillings and two penny pieces, of Miss Brown's money, and he went away.
JOHN PAYNE . I am clerk at the Great Western Railway station at Pad--dington. On the 25th of July I kept the books at the Bull and Month, Regent-circus, and delivered the prisoner a basket, with "Miss Brown, Fulham, G. W. R. carriage, paid,"upon it—he paid roe 2d.—we charge 2d. for the transit through London.
HENRY WOOD . I am a carrier between Fulham and London. The prisoner was in my employment. On Sunday, the 26th of July, he accounted to me for a parcel to Miss Brown—he only gave me 6d.—that was the carriage from London to Fulham.
Prisoner's Defence. I did not receive the money.
GUILTY . Aged 19.— Confined Six Months.
ROBERT RICHARDSON . I am a ship-chandler, and live in Tooley-street, I know Captain Forman, of the ship Unicorn—on Friday, the 17th of July, the prisoner brought me a note from his captain—it is not here—he said it was from the captain—I asked why the captain did not come himself—he said he wai ill in bed, and could not get up—I do not know the captain's writing—I the letter, and gave him two sovereigns and a common scrubbing-brush, be-lieving the letter to come from Captain Forman—he said he was mate of the ship—he came again next day, and presented another letter for 3l. more-did not let him have that, but gave him into custody—he had said the vessel was at Deptford, and wanted me to go there with him.
ship—he left on the 14th—we left London for Newcastle on the 15th—the prisoner was not with me—he had left the ship—I never saw him again till he was at the police-court—at the time this took place I was off Whitby, and he was not acting as mate of my ship—I never gave him authority to write these letters—neither of them are written by me—I never told him to ask Mr. Richardson for the brush or money.
THOMAS TURVEY (policeman.) On the 18th of July I took the prisoner in charge—he said "We had better go to Deptford and see the captain"—I went with him to Deptford, but did not find the ship or captain—he said the ship had sailed the day before, and he had received the money and brushes, and delivered them, and the captain had given him a receipt for them.
GUILTY . Confined Twelve Months.
JOSEPH PLUMRIDOE . I am a baker, and live at Shepherd's Bush. On the 11th of Aug., between eleven and twelve o'clock, I left my barrow in Starch Green-lane—I went ten minutes' walk to a house up a garden, and when I came back to my barrow I saw Francis there making signs to me—I saw Spooner running away with a half-quartern loaf under each arm—I hallooed "Stop thief!"and ran after him as well as I could—he ran through a hedge—Chalk was there, and could have stopped him, but did not—I asked why he did not stop him—he said he did not know what he had been doing—I ran, and caught Spooner at the bottom of the lane, and asked what he had done with the two loaves—he said he had thrown them amongst the stinging nettles—he said something about Chalk, but Chalk was not present—when I went to the barrow I missed two loaves—they were never found.
ROBERT FRANCIS . I am a journeyman baker. I saw a barrow standing in Starch Green-lane—I saw Chalk come down a tree—Spooner spoke to me—I knew him, and asked him where Mr. Plumridge was—he said he was gone up to the house to serve bread, and if I would wait a bit I should see him—I saw Spooner walk over to the barrow, lift up the lid, take two half-quartern loaves, put them under his coat, and go away with them—Chalk did not go to the barrow—he was about thirteen yards from it, under a hedge—I made signs to Mr. Plumridge, he ran after Spooner, who threw the bread over toward Chalk, who was inside the hedge, not a quarter of a yard from where it was thrown—as I went on my road I saw Chalk going towards his home.
JOHN HENRY BEATON (police-constable T 136.) I took Spooner—he said if I would go back with him he would show me the bread among the stinging nettles—I went, but could not find it—Chalk ran away, and was taken half an hour afterwards.
Chalk's Defence. I never saw the bread at all.
SPOONER— GUILTY . Aged 13.—Recommended to mercy.— Confined Fourteen Days and Whipped.
CHALK— GUILTY . Aged 19.— Confined Twelve Months.
THOMAS WATKINS (police-constable K 310.) On the 12th of Aug., at seven o'clock at night, I saw the prisoner going into a marine store-shop at Poplar—he took this bit of lead from between his jacket and waistcoat, and put it into a scale—I went in, and said,"Where did you get this from?"—he said "Oh, I am done, I got it from a ship; pray don't take me"—he said he worked for Mr. Rolls, and said, "Don't tell my master"—I said, "I mint do that"—I compared the lead with some on board the Pottinger steam-boat, in the West India Dock, and it exactly corresponded—I searched the prisoner at the station, and found two pieces of solder.
THOMAS ROLLS . I am a plumber, and live in Wapping-street. The prisoner worked for me—I had plumber's work going on on board the Pottinger, in the East India Dock—I have examined the lead produced, and compared it with that on the ship—this is a piece of cuttings—I take the cuttings to my shop, and give credit for them—this piece of solder appears like mine—the persons at work are not entitled to the cuttings.
Prisoner. Q. Will you swear the solder and lead belong to you? A. I do not.
GUILTY . Aged 36.—Recommended to mercy by the Prosecutor.— Confined Three Months.
1665. MARY CAVANAGH was indicted for stealing 1 spoon, value 2s.; 2 sheets, 6s.; 2 napkins, 1s.; 2 pillow-cases, 1s.; 1 table-cloth, 6s.; 1 pair of trowsere, 6s.; and 6 towels, As.; the goods of James Martin, her master.
ELIZABETH MARTIN . I am the wife of James Martin, of King-street, St. James's square. The prisoner was in my service—I missed these articles, and gave her in charge—this table spoon, sheets, napkins, and pillow-case are all my husband's, and were in the house at the time the prisoner was there—these trowsers belonged to a gentleman who lived in the house—I received a good character with her.
ROBERT WHITTON . I am in the service of Mr. Luxman, a pawnbroker, of St. Martin's-lane. This shirt, two pillow-cases, and two napkins were pledged at our shop by the prisoner—I am sure she is the person.
Prisoner. Q. Did not my mistress tell you I was in distress when I took them? A. She said she thought you were, and she would forgive you if you would produce all the property, but you did not give it all up.
(The prisoner pleaded distress.)
GUILTY . Aged 29.— Confined Six Months.
ELIZABETH BAWN . I am the wife of William Luscombe Bawn, of Hale-street, Poplar. On the 1st of Aug. the prisoner was in my employment, as char-woman—I saw her in the kitchen just before one o'clock—she said sne had been there before for the mangling—I said I had lost a shawl—she sai she thought it must have been taken in a joke, and I should have it again—I
went to the police-station, and when I returned she was still there—this it my shawl—I had it on between nine and ten o'clock on this day.
THOMAS BAKER . I am in the service of Mr. Holley, a pawnbroker, of Poplar. On the 1st of Aug. I received information from Mrs. Bawn, and in; the afternoon this shawl was brought by Maria Luddell—I sent her after the prisoner, who came back with her, and said she had bought it of me—the prisoner was given in charge—this is. the shawl—I have no recollection of selling any shawl to the prisoner.
MARIA LUDDELL . I live at Queen-street, Poplar. The prisoner took this shawl from behind her bedstead, and asked me to pawn it for 3s., and to say it was my mother's, but I took it and said it was Mrs. Prescott's—she waited outside while I went into the pawnbroker's.
DANIEL DONOVAN (Police-constable K 319.) I produce a certificate of the prisoner's former conviction—(read, "Convicted Oct. 1842, and confined two months")—I was present at the trial—she is the person.
GUILTY . Aged 33.— Confined Six Months.
1667. CHARLES KING and HANNAH O'MALEY were indicted for stealing 1 gown, value 2s.; the goods of John Poulter.—2nd Count, stating it to be the goods of Elizabeth Sarah Poulter; and that O'Maley had been previously convicted of felony.
SARAH POULTER . I am the wife of John Poulter, of Gardner-street, Vauxhall-bridge-road. On the 6th of Aug., about eleven o'clock at night, I saw my daughter take off her gown, in the room on the ground-floor, where I; sleep, and lay it on the table under the window—about half-past three o'clock in the morning my husband unfastened the window, as it was very: hot—I got up at half-past six, and missed the gown—I gave information and left a pattern of it at Mr. Havener's, the pawnbroker's—this gown produced is my daughter Elizabeth Sarah's—she is fifteen years old—she was living as part of her father's family—I do not know the prisoners.
GEORGE BELL . I am in the service of Mr. Ravener, a pawnbroker at Westminster. On the 7th of Aug. Mrs. Poulter left a pattern of a gown with me about ten o'clock, and about twelve o'clock the same day the prisoner O'Maley pledged the gown—she said it was her property, and she bought it two years before—King came in in a minute after and said she was his wife, and it was all right—I gave them into custody—I had not seen them together before they came.
WILLIAM WARDLOW . I was called to Mr. Ravener's, and took the prisoners—I asked O'Maley where she got it from—she said, "I have. had it a long time; it is my own property"—King said he knew nothing at all about it, and should not go with me—that he knew nothing of the woman at the station O'Maley said she bought the gown that morning at the Corner-pin public-house in Strutton-ground, of a woman she did not know—I had seen the prisoners together half an hour before I took them—O'Maley had a parcel under her arm.
King produced a written defence, stating that he met O'Maley ma public-house, and went with her to pawn the shawl, to get something to drink
O'Maley's Defence. I bought the gown at the Corner-pin, and gave 8d.
prisoner O'Maley's former conviction, but lost it and my pocket-book out of my pocket last night, and had not time to get another—I saw the name, Harriet Cummins, in the certificate, tried at Westminster in Oct. 1841, and sentenced to four months imprisonment.
KING— GUILTY . Aged 41.— Confined Four Months.
O'MALEY— GUILTY. Aged 34, but not of the former conviction .— Transported for Seven Years .
JAMES BENNETT . I am a coppersmith and engineer, and live in Kingsland-road. The prisoner was in my employ about five months—T heard something, and on the 14th of Aug. I had him watched—I stopped him about six o'clock in the evening, as he was leaving my premises, and said if I was informed right, he had some copper in his hat—he said he had not—I said, To convince me, you had better take your hat off"—he did so, and I found about a pound and a half of sheet copper folded up in it—it is mine—I can swear to it by the colour—he had some pieces in his pocket—it was altogether worth 1s.
Prisoner. I declare I never put it into my hat or pocket. Witness. He had his hat on, and the things in it.
Prisoner's Defence. I had not my jacket, waistcoat, or hat on all day—I had not been in the shop since seven o'clock in the morning, and never thought of looking into my hat.
(The prisoner received a good character.)
GUILTY . Confined Three Months.
MARY MOORE . I am in the service of Mr. John Westbeech, of Richmond road, Daiston. On the 12th of Aug., between one and two o'clock, I was in the parlour at the back of the shop, and heard a slight noise, and went into the shop and saw the prisoner leaning over the counter—I am sure it was him—he ran away—the till was at the opposite side to him—I missed 9s. 6d. or 10s. from the till, in shillings and sixpences—I called "Stop thief!" and in a few minutes he was brought back—the money was in this little box in the till—I had seen it safe about half an hour before, and shut the till.
CHARLES DUGARD . I keep a stable at Richmond-row, Daiston. I was standing near Mr. Westbeech's shop, and saw the prisoner run out—I "quite sure he is the person—I caught him, and took him back to the shop—the box was given me by some one-who picked it up.
HENRY KENWORTHY (police-constable N 235.) I was sent for to the shop, and found the prisoner—I received this box from Dugard—I searched the prisoner at the station ten minutes afterwards, and found seven shillings five sixpences, aud two halfpence—when I was taking him to Worship-street he laughed and said, "I am glad my pal got away."
Prisoner's Defence. I went in for half an ounce of tobacco, and saw a wj leaning over the counter—he ran out—I leaned over the counter, saw the till was empty, and went out.
GUILTY .— Confined Twelve Months.
ELSPETH MOFFATT . I am single—rthe prisoner was in my service. On the 14th of Aug. I gave her half-a-crown to get me a yard and half of calico—she left for that purpose—I never saw her again till she was in custody.
Prisoner. you gave me half-a-crown to buy myself two aprons and the calico—I met a friend, and as you were so hard upon me, I left your place—I spent the half-crown, and was afraid to return. Witness. you asked if you might buy an apron—I said you might do as you thought proper.
JAMES KEARNEY (police-constable H 104.) I took the prisoner in East-Smithfield—I took her to Mrs. Moflatt's, who gave her in charge for stealing a half-crown—the prisoner said, "That is quite right, I am sorry for it."
GUILTY . Aged 39.— Confined Six Months.
(There was another indictment against the prisoner.)
1671. JAMES MARTIN was indicted for stealing 36 walking-canes, value 1l.; 7 books, 2s. 6d.; 7 whip-hooks, 2s. 6d.; 1 sheet, 1.; 2 pil-low-cases, 2s.; 1 towel, 1s.; and 1 apron, 1s.; the goods of William Henry Martin, his master; to which he pleaded
1672. JAMES MARTIN was again indicted for stealing 7 riding-whips, value 1l. 15s.; and 1 riding-cane, 5s.; the goods of William Henry Martin, his master; and FREDERICK TWYMAN for feloniously receiving the same, well knowing the same to have been stolen, to which
MARTIN pleaded GUILTY.— Judgment respited.
WILLIAM HENRY MARTIN . The riding-whips produced are my property—I saw them safe in one of my drawers in the early part of May—I did not miss them till I saw them at the pawnbroker's in St. John-street-road—I received information—the prisoner Martin is my son—on the 17th of July I went to the prisoner Twyman's house—he was employed by me—he was not at home, but came in afterwards—I asked him for the whips which my son had left—he said he had not got them, they were pawned, and he gave the officer the duplicates—I went with him and the officer to the pawnbroker's, and found the whips pledged for 12s.—he said before the Magistrate that he had kept 8s. for himself, and given 4s. to the boy.
Prisoner. Q. How many years have I worked for you? A. Upwards of seven—I never doubted your honesty.
CHRISTOPHER SAUNDERS . I am seventeen years old, and know the prisoner Martin well. On the 12th of July be came down to my father's house, and told me not to go out anywhere that evening, for he wanted me to go down to the City-road with him—I went with him that evening to his father's—he left me there, and called forme in a short time—I then went with him to Twyman's.
JOSEPH BRIANT (police-constable G 69.) On the 17th of Aug. I went with Mr. Martin to Twyamn's house—Mr. Martin asked him for the whips which his boy had left—he said, "I have not got them; I have got the duplicates"—he gave me the duplicates, and went with me to the pawn-broker's—I found the whips there—these are them—he said he had had 12s., 4s. of which he had given to Martin—he said Martin had bought them at a sale,
and brought them to him to dispose of—I took him and Martin to the station.
Prisoner's Defence. The prisoner Martin called at my place to know if two jobs of his father's were done; he said, "Will you allow me to leave these things here?"I supposed he was going on an errand, and let him leave them, and concluded he would come for them; I had two jobs of his father's, and did not like to send them to his place unless I sent the work as well; on the Friday night Martin called with the witness Saunders, and said, 'This is the young man that belongs to those whips;"that he bought them at Cooper's sale, and had given 18s. for them; there had been a sale at Cooper's, at Bond-street; they appeared old shop-keeper's; they went down stairs together; Martin came back, and asked me to lend him a few shillings on the whips; I said I had not got it; he asked me again next morning; and as I did not j like to disappoint him, I pawned them; I gave him 45., and never heard any more about it till he was in custody; I gave the policeman all the information I could; I could have disposed of them if I had thought they had been stolen.
WILLIAM HENRY MARTIN re-examined. It is possible that the prhfawr I could have disposed of the whips at a wholesale house, if he had known they were stolen—there was a sale at Cooper's, but the whips were safe in my I house after that—they are notvold shopkeepers'—they are not finished, and I not fit for sale—he was working for me at the time.
JURY. Q. was there any work on the whips which twyman could have I known? A. I do not know whether any of his mounting was on them—he I worked for others as well as me.
The prisoner called
----SMITH. I am the wife of John Smith, carpenter, of Spitalfields. I remember Martin coming to Twyman, and asking if he had done the job for I his father—Twyman said, "No"—Martin asked to leave the whips there— Twyman said, "Yes,"and they were left on the bench—he asked for no money on them.
THOMAS TWYMAN . I am the prisoner's father. I was present when Martin brought the whips—my son asked if he had come for the jobs, and Martin said, "I wish you would let me leave these whips here"—that was all he said that day—he left them—on Friday evening he came again, with one of the witnesses, and said, "This is the young man that bought the whips"I—my son was by at the time—he said, "The young man says, can you lend him a few shillings on them?"
TWYMAN— NOT GUILTY .
NOT GUILTY .
MR. MELLOR conducted the Prosecution.
JOHN WRIGHT . I am a bookseller, and live in Noel-street, Soho. On the of Aug., about eleven o'clock at night, I was returning from Cremorne-gardens, and sitting on one of the benches in St. James's-park, nearly opposite the stable-yard—I saw both prisoners—Callaghan came up to me, with
her clothes lifted up, and threw herself on me—I said, "Be off,"and she took her seat on my left hand—I said, "you are throwing your time away with me"—she said something about money—I said I had none—she said, "Feel"—I got up and walked away, followed by both the prisoners, one on each side—one of them offered to take my arm—I had not gone far before a person asked if I had been robbed, and I found my purse nearly taken out of my pocket—it did not get quite out, but the money was taken out of one end—there had been ten sovereigns in it, which were all gone—I found both the prisoners together at the stable-yard—I called, "Police!"—Needham said to Callaghan, "This is a bad job, give it him"—she said, "you don't want this crowd of people, send them away"—I called a policeman, and gave them in charge.
Cross-examined by MR. PRENDERGAST. Q. Did you mention that conversation at the police-office? A. I am not aware whether I did—I men-tioned it at the station—the silver end of my purse was in my pocket—the part that had contained the gold was banging out—I have not had all the gold back—some person picked up two sovereigns—I looked myself but saw no more—they were found as near as possible to where I had been sitting down—I had sat there perhaps three minutes—I had been walking since six o'clock, and sat down there to see some fireworks—I was pushed about by them for eight or ten minutes—my purse was never out of my pocket.
THOMAS THURWAY . I am a journeyman printer, and live at Shaftesbury-terrace, Pimlico. I was going across Buckingham-gate, and saw the prose-cutor in a mob—he had hold of the two prisoner—he said they had robbed him of 10l.—I heard Needham say, "We have not robbed you of 10l."—(that was when the 2l. was found)—I observed no one speak to the prisoners—I came up when the policeman came up—after the mob cleared away, a person said, "There is the money lying there"—I looked down, and saw the two sovereigns lying near where the prosecutor had been standing—I saw it picked up—I called the prosecutor back, and the money was given to the policeman. Cross-examined, Q. You heard them say they had not taken it, that it had dropped out of his purse? A. Yes.
WILLIAM MITCHELL (police-constable A 128.) I found the prosecutor holding the prisoners—he charged them with having robbed him of 10l.—I did not see anybody speak to the prisoners—one prisoner had five shillings, and 6d. in copper, upon her, and the other one shilling a penny, and a half-penny—there was no gold.
(The prisoners received good characters.)
NEEDHAM— GUILTY . Aged 19. CALLAGHAN— GUILTY . Aged 18.
Confined six months
MR. PAYNE conducted the Prosecution.
DAVID DAVIS . I am a grocer, and live in Crown-street, Finsbury. I was indebted to Mr. Manning 6l. 10s. 2d—on the 2nd of March I paid 6l. 1s., 2d. to the prisoner, deducting something for a cask—the prisoner gave me this receipt.
Cross-examined by MR. DOANE. Q. It was through the defendant that you became a customer of the prosecutor's? A. Yes.
Cross-examined. Q. I believe you became a customer of Mr. Manning through the introduction of the prisoner? A. Yes.
Whitechapel. The prisoner was in my service as agent to sell goods and collect money—he was paid so much per cent, for what he sold—it was his duty to pay me the money he had received, before banking hours on Saturday—if he has received 6l. 7s. 2d. from Mr. Davis on the 2nd of March, or 7l. from Mr. Burbidge on the 12th of March, he has not paid me—the last money I received from him was 17s. on the 20th of March—he said he did not bring the 6l. 7s. 2d. from Mr. Davis, and the 7l. from Mr. Burbidge, as he had been in company, and thought he had had his pocket picked, that he bad to much coming in a year, and would bring me the money, but I never saw him again till he was in custody.
Cross-examined. Q. When did you see him last? A. The latter end of March, or the beginning of April—Mr. John Carter, his uncle, was his security to the amount of 1001.—Mr. Carter called upon me on the 14th of Feb. to inquire How he conducted himself—I expressed myself satisfied—he called again, and asked if the young man's accounts were quite correct—I cannot tell whether that was in March—I have a brother—I cannot tell whether he wai present when Mr. Carter called—I cannot swear that he was not—I cannot swear that I said the accounts were quite correct—I did not make any complaint at that time—I said sometime afterwards that I was sorry I had deceived Mr. Carter, and had not told him that there was 16l. deficiency—that was true—after that Mr. John Carter and Mr. Henry Carter called upon me—I believe it was towards the latter end of March—I believe it was on that day that I said I was sorry I had deceived him, but that there was a deficiency of 16l.—I cannot say, because they called so many times—I said I was sorry I had done as I had.
Q. Have not you sworn you said you were sorry you had deceived him as to the state of the accounts? A. I do not think I said deceived—I dro?e—Mr. Carter round to the different customers, to warn them not to pay the prisoner any more money—the prisoner could not be found—they found him afterwards—I do not know that he was living at that time at Mr. Carter's house—Mr. Carter could not find him—on the evening of the 25th of March I went to Mr. Carter's house in the Hackney-road—Mr. James Carter was at hone—Mr. Henry Carter came there—the prisoner was there—we went over the accounts—the prisoner told a great many lies—he did not give a regular statement—he did give a statement—the deficiency, according to his account, amounted to 40l.—I asked How he intended to pay it.
Q. Did not the prisoner say, in answer to your question, that he would pay that amount as soon as possible, that he had money in hand to the amount of 6l. 9s., and hand that money over to you? A. His uncle handed the money to me, and I received it, and two of the accounts, which he acknowledged to be deficient, were struct out to that amount—those were Scotland 3 account and Stafford's—they came together to 6l. 9s.—I believe I signed the receipts—I took an account down of what the prisoner acknowledged altogether—I took down 6l. 7s. from the prisoner's mouth as being received from Davis, but I did not have the money—I took down 7l. that he had recttwd of Burbidge—it was proposed by the prisoner that he should continue to travel for me, and that his profit and per centage should go to pay the deficiency—I said I would not consent, but I wished to consult my brother, I promised him and Mr. Carter to give an answer next morning—Mr. Henry Carter called upon me for my answer next morning—I swear positively that the prisoner was not in his company—I declined the prisoner's traviling for me any longer, and Mr. Carter said he was not surprised—I swear I did not ask the prisoner How he proposed paying the amount—I do not remember Mr. Carter saying he would seek another engagement for the prisoner, and that
as soon as he had got it he should pay me 15s. a week—I will swear I did not agree to that—I never heard of such a thing—Mr. Carter suggested to me not to say anything to the prisoner about any arrangement—there was a suggestion that the prisoner should pay a weekly sum—I do not know whether it was 15s. a week—I swear I did not agree to it—I made an arrangement with his uncle—he was security for 100l.—the embezzlement was 32l., and I agreed to take 8l. a quarter—this was in June—Mr. Carter paid me 8l., part of the sum which the prisoner had given in as being deficient—I have lost 150l. altogether.
Q. On your solemn oath did not Smith pay you 18l. 5d. on April the 15tb, and there is your signature?—(showing him a paper.) A. No, it is my brother's—I do not remember it—my brother has accounted to me for it—it is a small account, and might be omitted at that time—neither I nor my brother could find Smith—I will not swear that my brother did not receive the 18s. 5d. on the 15th of April as an instalment—I have no doubt I have had the money.
MR. PAYNE. Q. If you made an arrangement to take the money by instalments, why did you prosecute him? A. On the day I called for money the shop was shut up; I was so mortified that I went to Mrs. Carter; she told me where to find him, and I went with a policeman and took him—the whole amount he has received and not paid over to me is 32l.—his uncle paid me 8l. of that—the account the prisoner gave on the 25th of March includes these two sums, and others—he now owes me 32l., all but the 8l. wbich his uncle paid me—I have discovered that he has sold my goods to a person who has run away, and not paid him—Mr. Carter is bound to pay me the money now.