CENTRAL CRIMINAL COURT.
ELEVENTH SESSION, HELD SEPTEMBER 21ST, 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, 21st September, 1846, and following Days.
Before the Right Hon. JOHN JOHNSON , LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir Thomas Joshua Platt, Knt., one of the Barons of Her Majesty's Court of Exchequer; Charles Farebrother, Esq.; Thomas Kelly, Esq.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City; Thomas Wood, Esq.; Thomas Farncomb, Esq.; John Musgrove, Esq.; William Hughes Hughes, Esq.; and Francis Graham Moon, Esq., Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer, and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. ELEVENTH 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, September the 21st, 1846.
First Jury, before Mr. Recorder.
WILLIAM JOHN WORTHINGTON . I am a cab proprietor, and live in Norfolk-mews. I know the prisoner Morgan—he is a coach-builder, and carries on business, not in his own name—he told me he carried on business in the name of his brother—in-law Bethell—I bought a clarence of Morgan—I never saw Bethell about it—I bought it in June—there was no written agreement at the time I made the bargain—it was sold to me by Morgan—the bargain WM not reduced to writing—the price was to be 110l.—I was to pay 10l. down—Morgan agreed to that, and took me to Chiswick for the clarence—I gave him 6l., and he had the rest afterwards—I was to pay the rest by instalments—4l. or 5l. a month as I could—I received the clarence that evening—I think it was in June—I afterwards took it to Dixon's Repository, and borrowed 20l. on it—I had had some pecuniary transactions with Mr. Kaeae a long time previously—I was indebted to Keene before that time, and he had commenced legal proceedings to recover the money, and I offered him the clarence as security when the execution was coming in—he consented to the proposition—he was to pay the 20l. to Dixon—the clarence was carried to Shepherd's Bush, where Keene resides, on the 14th of July.
Cross-examined by MR. CLARKSON. Q. Have you any cabs? A. Not now—I had one about three months ago—it might be in May this transaction took place—(looking at an agreement dated the 23rd of May)—this is my signature—I swore to Mr. Clive that I never signed any agreement.
Q. Did you not sign this agreement to hire this carriage for 5l. down, and 5l. a month? A. No—this must have been written after my name was signed—I must have signed it in the evening when I got tipsy—to my knowledge that was never signed by me—I have sworn that if I signed it, it must have been prepared when I and the parties were altogether drunk—I do not know who was at the public-house—there were twenty persons in the room—Bethell did not sign it as a witness—not to my knowledge—I was to pay 100l. for the cab—I was not to pay it down—I intended to pay it out of the earnings—that is usual in seventy cases out of a hundred—I took possession of it the
same day—I paid him 6l. that morning—I did not borrow the money, but that day he lent me 5l.—then he had had 10l.—he had 15l. altogether—I took it to Dixon's in the course of a fortnight or three weeks—I think it was about a fortnight—I do not think it was a shorter time than that—it was not within three days, to the best of my knowledge—if I bought it in May it must have been the latter end of the month—I could not have taken it to Dixon's in three days, for it was at work in the street two or three days or a week—it was at work two or three days before I had the plates, but we found it did not answer—I took it to Smith for the name-plate—the number is 1078—I cannot tell when I took it to him—I did not tell Smith I had got it on hire with the option of purchasing it if I chose—I had made a bona fide purchase of it—I have borrowed of Keene the sums of 22l., 82l., and 30l.—I have had as little as a couple of pounds from him—that was two years ago—I owed him 52l. in May last—there was a bill at twelve months' due in Feb.—I was sued for it in April or May—I have frequently been sued—I may have had a dozen actions against me in the last five years—I do not think there are above two at present—I had none when I bought the carriage—Keene was sueing me at the time—I do not think there was any other action at that time—I will not swear it—I will swear there were not three or four—I think only two—you may say three if you like—I will swear there were not four besides Keene's—I cannot charge my memory with one, except Smith, the coachbuilder—I am not quite certain whether he had served the writ—I very likely had the 5l. which I paid down, by me—I did not get it from Keene, but by my earnings—I had a cab at that time, which was afterwards taken away for duty—it was not taken before I bargained for this cab, for Morgan was going to do it up; but fearing the creditors might see it and make a bustle, he said I had better get it done—I was not in a situation to pay anything except from my industry—Morgan offered to sell me anything I liked, four horses and all—I had paid after the rate of 15l. when I pledged the cab., 6l. down, and 9l. 5s. raised on an I O U of a man named Lun, a friend of his—Morgan was not security for the 9l. 5s.—he said if I got Lun's I O U he could get the money—a man must have got this piece of paper from me when he said he would arrest me.
Q. On your oath, did you not make a copy of the agreement yourself after you signed it? A. No—I never could have signed that, drunk as I was, when he says I signed it—if I signed that at the public-house it must have been very late—I borrowed 9l. 5s. of Lun—I paid 6l. down, and borrowed 5l. back, leaving 1l. in part of 110l. for the cab—he was glad to get rid of it—I have known Mr. Keene four or five years—I was introduced to him by I Mr. Rice, a horse-dealer, in Mortimer-street—as I had a daughter ill, I did I not frequent public-houses with him—I did not get home from the public-house at Chiswick till about two o'clock on Sunday morning—I saw a Mr. Watts there—I swear I did not leave that house sober—I was drunk, and do not know how I got on the box.
Q. You went before a Magistrate, and swore you never signed any such agreement; and when produced in your own handwriting, you said you must have signed it when drunk; then said you had not signed it at all, but your name was written, and it must have been wrote over it afterwards.? A. I said I was tipsy—if I signed it I did not know it—the Magistrate dismissed the I case—Bethell and Bullard came voluntarily before the Magistrate, and Keene charged them—when that agreement was given a man came bouncing into the room, and said, "I do not know your name"—I said, "You shall soon have that," and I wrote my name on that paper—there were twenty or thirty people in the room—I do not know who they were if I signed it down there.
Q. Was not the agreement signed at six o'clock on Saturday evening, in Lisson-street? A. No, it was not, nor was it read over to me by Morgan—
5l. was not then paid in silver—it was six sovereigns fn gold—I did not ask for paper, and take a copy of the agreement, and say I could not do it very well, as I bad not my spectacles—if it was written there, it was done unconsciously by me—I usually wear spectacles but had not got them then—I can write as well I without them as with them—Howell did not come to me at the end of the first I month for the 5l.—Morgan came—I did not promise to call on Bethell and I pay it—I would have nothing to do with Bethell—I bought it of Morgan—the agreement was not signed at Bethell's, but at Morgan's—the signature is mine—I do not know who wrote the rest—I swear I was never conscious I of signing any agreement, nor engaged to sign one to this effect—I wrote that when a man threatened to sue me—I firmly believe it is the identical paper I wrote then—Morgan being in difficulties wished no memorandum—that was I the reason it was not made—I did not go to Morgan's for the carriage—he came to me—he offered me four horses—he had no money to conduct his business—I never saw Watts till I saw him in, the house—we left Lisson-street about six o'clock, and must have been at Chiswick at seven, and never I left till long after shutting-up time—I was very much intoxicated—I had twenty or thirty glasses over this bargain—nothing took place about having an I agreement read over to me—Morgan being a bankrupt wished that no paper I should appear.
RICHARD KEENE . I am a surgeon by profession, but have not carried it on for twelve or eighteen months—I live at Shepherd's Bush. I have had dealings in money matters with the last witness, discounting bills and so on—some four or five months ago I had occasion to take proceedings against him for 52l.—just before that action was going to be tried I and he came to a settlement—we settled the action on certain conditions—one of those conditions was that he should hand over to me a clarence he had at Dixon's, on which there was some money paid—the action was to be settled on my paying the 20l. to Dixon, and to take the clarence in lieu of the demand—I afterwards went to I Dixon's, paid the money, and received the clarence—it ultimately found its way to a stable which I hired at the Victoria public-house, which was in my occupation—it was about the 15th of July—I think it remained there about three weeks—I know the prisoner Bullard—he made a proposition to me to sell the clarence, and he was to have as much as he could get above 75l.—this is the agreement we entered into—(read—"On Mr. J. Bullard selling a clarence which belongs to me, after deducting the sum of 75l., the price which I set on the said clarence, I undertake to carry over the surplus to Mr. Carr")—on the 8th of Aug. I saw Bullard—on Saturday night I was coming towards my mother's, who keeps a public-house, and met Carr-Bullard was not there—I saw him afterwards, and he said he had got a customer for my clarence, and he said, "Will you give me an undertaking that you will hand me over any money?" and then I wrote this—he said a customer would come on Monday—I said, "You must not bring any one on the Monday, because I am sure to be away from home"—I proposed that the paper should be left in my mother's hands—he would not agree to that, but said it should be left in the hands of a third party, Mr. Carr, and it was so done—Bullard never had it in his hands, to my knowledge—I gave it to Carr directly—I do not know whether he let Bullard have it—it was agreed that I should leave it with Carr—he was to hold it in custody for my security, because I would not trust Bullard—on Monday, the 10th, I went to town—I did not return till half-past nine or ten o'clock in the evening—I received information at my house that three men had gone off with the carriage—Morgan was the first person taken into custody—I never gave any one authority to take the carriage away in my absence, or even to look at it, or even told them where it was deposited.
Cross-examined by MR. BALLANTINE. Q. You had known Worthington some time? A. Yes, and had many transactions with him—I have known him to be a person in very desperate circumstances latterly—in May last I believed him to be getting very poor—I rather think I did know he was very poor at that time—I was not aware that he had taken the benefit of the Act nor am I at this moment—he owed me 52l.—I was from Feb. to May endeavouring to get it from him—an action was brought—I thought he was a man who would pay me if he could—I considered he was not able to pav—I believed (indeed, I repeatedly asked him the question) that he had bonofide purchased this carriage of Morgan, and that he had paid about 10l. to Morgan towards the purchase of it, and had to pay so much more—I did not before taking possession of the carriage go to Morgan, and inquire whether there had been any such sale—I understood Worthington had only had it two months, and had agreed to pay 4l. a month, which he had paid up—I did not hear from a person named Smith before I bought it that it was a hired carriage—I heard from a person named Smith that Worthington had bought a carriage of Mr. Morgan, and he said it was a very good thing if he did Morgan out of it, for Morgan was as great a thief as ever lived—I took possession of it because Worthington told me he had paid 10l.—it was after that that I got possession of it—when I got possession of it I was not assisting to do Morgan out of it—I was not sure that Worthington could not pay for it—I swore before the Magistrate that I took the carriage as a collateral aecurity—I do not swear now that I bought it outright—I did not exactly understand the precise legal meaning of collateral security—I did not swear that I gave leave to no one to see it, try it, or take it away, and that I had spoken to no one on the subject of the sale—I spoke to Smith to sell it to Carr—I swore before the Magistrate that I gave leave to no one to see it, try it, or take it away—I did not swear I had spoken to no one on the subject of the sale, but I swear it to the best of my knowledge now—my memory is somewhat imperfect—I forgot all about this document till it was put into my hand—I swore I never signed any such document, but I now remember all about it distinctly—I forgot till it was put before me—I never could have believed that I had signed any such paper—every word of it is in my handwriting.
THOMAS ALLOM . I am head ostler at the Victoria-inn, Shepherd's-bush—there are some stables there belonging to the lady who lives at the back—they are near the hotel—they do not join it—they are down a mews—they run at the back, made on purpose to accommodate the house there—I remember a clarence of Mr. Keene's—I was present on the 10th of Aug. when Mr. Bethell came—he asked me if I knew Mr. Keene—I said, "Yes"—he asked me if I had not got a clarence standing at the back, and asked me if he could see it—I went round with him and Bullard, who came with him, to the back, where the clarence was—Bullard said he was come to sell it, for Mr. Keene—he had seen Mr. Keene in town, and he had authorized him to sell it—he showed me a paper—I told him I could not read it, and he put it into his pocket—I cannot say that this is the paper (looking at it)—he did not undouble it, because I told him I could not read it, and he put it into his pocket—I could not find the key—somebody found it, and got the clarence out—I did not see Morgan there—I never saw him at all—I never saw Bethell look at the carriage—I never let them in at all—I went away for the key—I did not see the clarence driven off.
FRANCIS BRIGHT . I live at Shepherd's-bush, and carry on for my mother the business of a grocer and cheesemonger. On the 10th of Aug. I was going from the green where the shop is, towards the Victoria—I saw the three prisoners—I saw the ostler, Robert Boyer—they could not open the stable-door—there was a cry for the key—one of the men got in, and afterwards opened
the stable—I assisted in getting the clarence out—Bullard was the pretended seller—directly the coach-house door was opened, he looked round, and said be could not examine the carriage very well there, would we be kind enough to pull it out—we accordingly did so—Bethell opened the door, and said it was a very nice carriage, and Bullard said, "You have no occasion to purchase it of me, if you like to go to Mr. Keene, you may get it a pound or two cheaper; but before you go to Mr. Keene, you had better try how it goes on the main road"—Bethell agreed—he liked the carriage—he did not say it was his carriage, he was the pretended purchaser.
COURT. Q. It did go well on the main road? A. Yes, it went so well that we did not see it again—Bethell was up on the top, and he held his finger back, signifying to Morgan to keep back—Morgan produced the horses and the harness, and they drove off with it.
MR. CLARKSON called
CAROLINE MORGAN . I am the daughter of Mr. Morgan, and am between eleven and twelve years old. In May, in the week before Whitsuntide, I was at Mr. Bethell's house—my father lives there—Mr. Bethell, Joseph Howell, Worthington, and my father were there—it was between five and six o'clock—we were having our tea—I heard Worthington, Bethell, and Morgan talking about a clarence carriage of my father's—it was to be hired at 5l. a month—the money was to be paid in advance, and the other 5l. was to be paid, or else the carriage was to be returned—I saw a paper signed—it was read out before it was signed—Mr. Bethell and Mr. Worthington signed it—my father did not sign it—he wrote it—I saw it—it was a sheet—it was more than that—(looking at the paper produced)—I recollect their reading about 5l. a month—Worthington had been there about half an hour—he appeared sober—I am not aware when he went away—I remained there all the time until he went—I did not notice the clock—I did not remain till Worthington left for the night—he went down in the loft—I went to bed about ten—Worthington was not there then—I was in the room when he went down to the loft—I did not see him go away—I did not see him after he went down to the loft—it could not he seven then—I saw the paper in the hands of Worthington—he read it, and then asked my father for some paper—my father told me to get it out of the drawer—I got it out of the drawer, and gave it to my father, who gave it to Worthington, and be wrote a copy of the agreement—I saw him do that—he said he could not see very well, because he had not got his specs—I am sure he copied it—I saw him write, and he had it before him.
Cross-examined by MR. DOANE. Q. Was the paper you saw much larger than this? A. What I gave him was—what Worthington wrote on was about that size, I think—I would not say that it was this piece—in my opinion, if this is the same piece, but some of it has been cut off—Mr. Bethell, Worthington, my father and mother, and Joseph Howell were in the room,—Joseph Howell is my cousin—he was living at Bethell's as well as us—he had lived with us before—we were in the front room, the room my father lived in—I might have seen the clarence up in the loft—my father kept things of that kind there—it was Mr. Bethell's property—he carried on the business—my father had nothing to do with it—the cabs are made on the premises by Mr. Wilson—he was engaged by Bethell—I had seen Mr. Worthington before, a good many times—he might have been in the room before—he used to come to my father's—I have seen him at our house—I had not seen him write there before—there was nothing at all to drink—Bethell had not a room of his own—he did not sleep there—he merely came to conduct the business—my father had carried on the same business—Bethell did not carry on any business when my father did—I believe these carriages were made when my father carried on the business—I heard Worthington read the paper after my father had
written it—it was in the front room where we generally were then—I was making a frock to go into the country—my mother was fixing it for me, and I listened to what was going on—I used sometimes to listen to conversations on business there.
MR. BALLANTINE. Q. You saw your father write something on a piece of paper? A. Yes—I thought there was more paper than this—after it had been written it was read out loud—I saw at that time that a portion was torn off.
JOSEPH HOWELL . I live in Homer-street, Paddington. In May last, I was working for Mr. Bethell—I know Worthington perfectly well—on Saturday, the 23rd of May last, between five and six o'clock, as near as I can tell, I saw Worthington at Mr. Bethell's in Lisson-street—he was quite sober—he staid in the room about half an hour, and then went into the loft—he finally left about half-past six, as near as I can recollect—before he left I heard an agreement made, and saw the writing prepared on the subject of the clarence—I was present when Worthington signed his name to a paper—this is the paper—(looking at it)—it was larger then—the agreement was there, and he read it over before he put his name to it—Bethell, Morgan, Mrs. Morgan, and the little girl were present, besides me—I heard the contents of the paper—it was on the subject of hiring a carriage at 5l. a month, and 5l. was to be paid in advance, and if 5l. was not paid it was to be returned—I heard it read over, and saw the 5l. paid—it was not 6l.—I should say 4l. of it was in silver—after the memorandum bad been written by Morgan and signed, Worthington asked for a piece of paper—the little girl got a piece of note paper, and gave it to her father—I should say there was half as much more than there is now—I saw the paper on which the agreement was written—it was somewhat bigger than it is now—I saw the girl return with a piece of paper for him, and saw him write—I looked at him while he was writing, and saw him take a copy of the agreement—while he was writing he said he could not see well because he had not got his specs—he was quite sober—I afterwards went to him for the 5l.—he told me he would call and pay Mr. Betbell.
Cross-examined by MR. DOANE. Q. To pay him the instalment? A. To pay him the 5l. when the first month was due—the agreement was not that when he had paid a certain amount the clarence was to be his own—he had hired it, not to purchase at all—he wanted it to hire for a lady's job, and he was to pay 5l. a month for it—he at first said he would pay but 4l.—Mr. Bethell objected to take 4l., and he said he would give 5l., and if it was not paid the carriage was to be returned—it was said when he had paid the whole amount 110l. the clarence was to be his own, and if not it was to be I returned.
MR. CLARKSON. Q. Tell us what you recollect was said about 110l.? A. The carriage was to be let to him—it was to be worth 110l.—he hired it as being worth 110l.—the nominal value of the carriage before it was hired, I was 110l.—he hired it at 5l. a month—he was to have it if he kept it till he had paid 110l., but he was not sure he would keep it that time—he was to have it if he paid the 110l., but if he went on paying it was to be only on hire.
Q. What was said about 110l.? A. That was the worth of the carriage—if he would buy it, he should have it for 110l.—if he hired it, it should be 5l. a month—it was not at his option either to hire or buy it—he hired it.
CODRT. Q. When was it that Bethell took to the business, and Morgan gave it up? A. The latter end of March, or the beginning of April—I cannot say exactly when Morgan became bankrupt—it was part of the stock that belonged to Morgan when he was in trade, and it got into the hands of Bethell, who carried on the business in his name—it was in existence when Morgan was carrying on his trade—it got into Bethell's hands when Morgan
got into difficulty—the business was conducted as if it was Bethell's property, in Bethell's name—the carriage was there at the time of the bankruptcy, (6th March.)
WILLIAM SMITH . I have been in Court during part of the time the witnesses were examined—I went out when Worthington came in—I am a coach-maker, and live in Shouldham-street—I know Worthington perfectly well—I had known him since the beginning or latter end of last Feb.—about the 26th of May, about a quarter to seven o'clock in the morning, he came to me about this clarence—he wanted me to put on the back and the side-plates—he was indebted to me at the time—I said, "You have got a new clarence"—he said, "Yes, but I have not purchased it, it is on hire"—I thought he might pay me some of my account if he had purchased it—he had hired it at so much a month—Mr. Keene called on me in June—I had known him some time before as a money-lender—he came about the balance of an acceptance of 2l.—we went up to the public-house, and had something to drink together—I said I was going down to Oxford-square to Worthington—he said, "Did I know Worthington?"—I said, "Yes"—he said, "I am going down to my mother's, we will go together"—I said he had hired a clarence—he said, "I have not seen it"—he said, "I will go down the Mews first, do not take any notice of me, and I will come in afterwards and see the clarence," but it was not there—he wanted to see the one he had hired—I did not mention it to him to intimate that his circumstances were mending, that he might get some of hit debt—I did not know he was indebted to him—I said I was going down to Worthington, and he said, "Do you know Worthington? he owes me a good bit of money," and then I told him about the clarence—he said, "I will go down first, you pretend you have not seen me"—I went, and Keene let me in—Worthington came, looked into the coach-house, and then went in this way to me, as much as to say it was not there—he said, "What will you say old boy, will you go and have something to driuk?"—I said, "I don't mind;" and me, Keene, and Worthington went round to his mother's and had a pot of beer—Worthington drank and said he must go, for his old lady was out, and he must get something in—Keene said, "I cannot get anything out of the old devil now about the clarence;" and he and I stopped and had a pipe of tobacco together—he had not bought the clarence at that time—a day or two afterwards I again met Mr. Keene at Camden-town—he said, "Have you seen anything more of the clarence?"—I said, "No"—he said, "What do you think it is worth?"—I said, "100l."—he said, "I must have that"—I said, "You may depend upon it there will be something wrong about it"—he said, "I will chance all that"—to convince myself it was on hire, for I knew it was one Morgan had bought, I went to Morgan to ascertain, because I thought Worthington was telling me an untruth—I did not believe he had hired it—I thought he had told me so to screen himself from paying me—Morgan showed me the agreement—I told Mr. Keene I had seen the agreement for the hiring of it, when I met him in Camden-town—I saw the agreement about four days after Whitsuntide—I should know it, for his name was on the right-hand side—to the best of my recollection this is it
COURT. Q. Did you tell Morgan what you had told Keene? A. No—I did not say anything to Morgan about it—next time I saw Keene, I met him in Camden-town, and paid the 2l.—the first time I saw the agreement was in the latter end of June I should think.
NOT GUILTY .
GUILTY .— Confined One Year.
NEW COURT.—Monday, September 21st, 1846.
Fifth Jury, before Edward Bullock, Esq.
GUILTY . Aged 29.— Confined Eight Months.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 25.— Confined Four Months.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 19.— Confined Six Months.
JOHN NORMAN . I am an auctioneer, and live at Castle-court, Budge-row—the prisoner was in the habit of attending my rooms—I have employed him at a porter—this oil-cloth is mine—I had it in my care for sale—I cannot my; whether it had been sold—I should say it had—it was on my premises within half an hour of the time it was taken away—I gave no orders for it to be taken away by the prisoner.
HENRY WORNHAM . I am a labourer, and live in Great Garden-street, Whitechapel. On Wednesday afternoon, the 9th of Sept., the prisoner told me to take some oil-cloth round to the White Horse—I cannot say whether it was this—I left it at the bar, to be minded for Mr. Manchester.
Cross-examined by MR. PAYNB. Q. How long have you known him? A. Five or six years—he was always an honest man—he has a wife and four children.
JAMES REEVES . I am a porter. About ten minutes before seven o'clock, on the 9th of Sept., I saw the prisoner at the top of Dowgate-hill—he asked me to take a bit of oil-cloth from the White Horse to the Minories, and be would give me 4d.—I had not got above forty yards from the public-house before the policeman stopped me.
JOHN WEBB (City police-constable, No. 445.) I saw Reeves carrying this oil-cloth, and stopped him with it—I went and took the prisoner—I asked him if the oil-cloth was his—he said, "Yes"—I said he must go to the station—he then said it was not his—I took him to the station—he then said he bought it at a sale—it was No. 149 or 129—that it was a transfer lot—he bought it of Gorham, and I went to Gorham about it.
NOT GUILTY .
ROBERT LANKESTER . I am a warehouseman, and live in Bread-street, Cheapside. A little before nine o'clock in the morning, on the 7th of September, I was walking along Upper Thames-street, and felt a tug at my coat, I turned and found my handkerchief in the prisoner's possession—he was folding it up to tuck it under his waistcoat—I laid hold of him directly, and gave him in charge—this is my handkerchief—I had h in my pocket just before.
Prisoner. Q. Did you see me take it? A. I felt you, and I turned and found it in your hand.
Prisoner's Defence. I was coming down the steps, he was coming along with a handkerchief he had just been using; he put it under his coat, it fell down on the stones, I ran and picked it up, and ran against him, but as to touching his pocket, I declare to God and man I never touched it.
GUILTY . Aged 23.— Confined Six Months.
STEPHEN GEORGE TAPPKNDEN . I live at Hillingdon—I am a carrier—the prisoner was in my employ, to go with my horse and cart from Uxbridge to London and back—on the 19th of Aug. I gave him 12l. 8s., in sovereigns, half-sovereigns, half-crowns, shillings, and sixpences—he was to pay 10l. to Mr. Wornham, and to buy some canes which came to 3s. at another place, and with the rest of the money he was to fetch some deals—I did not know what they would come to—they were to be taken to Mr. Attwell—I did not see the prisoner again until he was in custody.
WILLIAM ATTWELL . I am a florist, and live at Hillingdon. I gave Mr. Tappenden money to purchase some deals in London—I did not receive them—I did not see the prisoner till he was before the Magistrate a fortnight after.
RICHARD ROADKNIGHT (police-sergeant T 11.) I took the prisoner at Bayswater—he said be supposed it was about Tappenden's money—he said he had never been about the deals at all; that he lost a sovereign, and got tipsy, and lost the rest.
Prisoner's Defence. I paid away the 10l. and the 3s., and then I had nothing to keep myself; my horse was taken ill in London; I could, not get away till the Saturday; I lost a sovereign; I said I would work for him, and pay half the money he gave me till it was all, settled.
GUILTY . Aged 49.—Recommended to mercy by the Prosecutor and Jury.— Confined One Month.
GUILTY . Aged 40.— Confined Two Months.
GUILTY . Aged 21.— Transported for Seven Years.
GUILTY . Aged 33.— Confined Six Months.
GUILTY . Aged 19.—Recommended to mercy. Confined Eight Monnths.
THOMAS MORTLEMAN . I am a law stationer, and live in Chancery-lane. On the morning of the 30th of July I was walking over London-bridge, and lost a handkerchief out of my pocket—I did not feel it taken—my attention was called to it by some one—this is it—it was in my pocket shortly before I lost it.
JOHN DAVIES (City police-constable, No. 551.) I saw the prisoner try several gentlemen's pockets, and I at last saw him draw this handkerchief from the prosecutor's pocket—I took him with it directly.
Prisoner's Defence. I saw it throwing about, and picked it up under the gentleman's feet; the policeman laid hold of me; I had not been a minute off the water, where I work.
THOMAS CROSBY (police constable L 189.) I produce a certificate of the prisoner's former conviction, by the name of Alfred Bannister, at this Court—(read Convicted May 11th, 1846, and confined three months)—the prisoner is the person.
GUILTY . Aged 15.— Confined Twelve Months.
GEORGE EDWARD PETTER . I am a bookseller and live in Cheapside; the prisoner was my errand-boy. I had some money marked—it was put into the till, but I did not see it—on the 12th of Sept. I missed 11s. 6d. from the till—I had seen about 3l. in the till on the preceding morning—I spoke to the prisoner about it—he at first denied taking it—I told him he had, and described the money—he pulled nine shillings and a half—crown out of his pocket, and said he took that out of the till, and was sorry for what he bad done—I had not said it would be better for him to confess it, or worse if he did not—he said he had been induced to do it by a man named Smith—two of the shillings he gave me were marked—these are them—they have the same mark as the money which was put into the till.
ALFRED PETTER . I marked some money by the prosecutor's direction—these are two of the shillings—I was present when the prosecutor charged the prisoner with stealing—I saw the prisoner hand over some money, and these two shillings were a part of it.
Prisoner's Defence. A man named Smith told me to rob my master, and he would make me a pair of boots.
GUILTY . Aged 14.—Recommended to mercy by the Prosecutor and Jury.— Confined One Month.
JACOB REED . I am a tailor and live at No. 10, Leather-lane. I was sitting in my parlour on the 12th of Sept.—somebody spoke to me from the outside—I went out, and missed a pair of trowsers which had been hanging I just outside the door-post—these are them—they are mine—they were seen there three minutes before.
GEORGE BURROUGHS . I am in Mr. Reed's service. On Saturday afternoon, the 12th of Sept., about three o'clock, I was in the shop—my master spoke to me—I ran out, and saw the prisoner running down the lane with another boy—the prisoner had the trowsers under his coat—I heard him say to the other boy, "Are they not a nice pair of trowsers?"—the other boy said, "They are"—I followed the prisoner across Holborn—I saw a policeman, and told him to take him.
WILLIAM BRAY (City police-constable, No. 223.) I took the prisoner—I found these trowsers under his arm, concealed under his coat—he says he has left his friends about two years—he will not tell me where they are, or anything about them.
Prisoner's Defence. The other boy stole them, and gave them to me to I hold for him.
GUILTY . Aged 14.— Confined Two Months.
OLD COURT.—Tuesday, September the 22nd, 1846.
Second Jury, before Mr. Recorder.
1779. ALFRED DENHAM was indicted for stealing 1 coat, value 6l.; 1 pair of trowsers, 6s.; 2 waistcoats, 3s.; and 1 pair of boots, 2s.; the goods of Henry Thomas:—also 1 pair of trowsers, 8s.; 1 waistcoat, 6s.; and 1 pair of boots, 6s.; the goods of William Burt:—also 1 coat, value 2l.; 2 pairs of trowsers, 1l. 16s.; 2 waistcoats, 14s.; and 2 sixpences; the goods of William Rees: to all of which he pleaded
GUILTY . Aged 21.— Transported for Seven Years.
1780. GEORGE KNIGHT was indicted for breaking and entering the dwelling-house of Thomas Greene, at St. Margaret's, Westminster, and stealing 3 gowns, value 30s.; 1 scarf, 1l.; and 1 shawl, 10s.; the goods of Sarah Herdman: 2 gowns, value 1l.; and 1 shawl, 1l.; the goods of Henrietta Greene: and 1 hearth-rug, value 2l., the goods of Thomas Greene.
MR. RYLAND conducted the Prosecution.
CAROLINE ELLERBY . I am servant at No. 15, Duke-street, Westminster. On Monday evening, the 24th of Aug., about half-past seven o'clock, I was looking out of window, and saw the prisoner on the wall of No. 17, which was under repair—there was a ladder attached to the house—he went along the wall, down into the yard, and then up the ladder—I did not see him go into the house—the last I saw of him was on the ladder—I told my mistress of it, but she thought it was one of the workmen—he was dressed as he is now, and had a cap on.
SARAH HERDMAN . I am housemaid to Mr. Thomas Greene, of No. 19, Duke-street, in the parish of St. Margaret. Miss Henrietta Greene occupied a room at the back of the house, looking into the Park—I have the adjoining room, on the same landing. On the 24th of Aug., about half-past seven, I went up stairs into my own room—everything was then safe, and not disturbed—I left my room window open so that anybody could walk in—when I came out I shut the door—I noticed that Miss Greene's room door
was also shut—about half-past eight, I went up to my own room with a candle—I had some boxes containing dresses—they were all open, and everything pulled out, and the prisoner was lying on the bed—he appeared to be asleep—he had 1lb. of sugar on the bed by him—I immediately went down stain and told the butler—we came up stairs together—the prisoner was then gone—I did not go into Miss Greene's room myself—three gowns worth 30s., a scarf worth 20s., and a shawl worth 20s., had been taken out of my boxes, and the bag of sugar—the butler brought me two dresses, which I knew to be mine—the hearth—rug was missing out of a cupboard in Miss Greene's room.
EMMA HOULDER . I am housemaid in Mr. Greene's service. On Monday evening, the 24th of Aug., about half—past seven o'clock, I went up stain into Miss Henrietta Greene's bedroom, I shut the window, bolted it on one side, and locked it on the other—it is a French window—the room was then in good order—I closed the door after me—nobody could enter from outside the window without breaking it—it must have been opened from inside.
THOMAS NICHOLLS . I am butler to Mr. Greene. On the evening of the 24th of August the servants alarmed me—I went up into Sarah's room, and found things scattered all over the room, and the boxes open—there is a balcony which runs in front of both the rooms—I went on to the balcony, and found a large rug belonging to Mr. Greene, and a blue dress—I went along the balcony till I came to Miss Greene's room—I found one of her windows open—I went through the room to a trap-door in the passage, which leads to the top of the house—I unbolted it and got on the roof—the servants' room is quite at the top of the house—the prisoner could climb up from there and get on the roof—I found a policeman on the roof, and the prisoner also—the prisoner had a pink dress, and a black velvet shawl—the policeman took them from under his arm, and gave them to me—the hearth-rug belongs to Mr. Greene—it is worth from 4l. to 5l.—it is white wool—I am certain it is worth 40s.—it was found on the balcony, near Miss Greene's window.
JOSHUA BUSBY (police-constable A 39.) On the 29th of August, between eight and nine o'clock, I was on duty in Duke-street—Mr. Greene's house is in the parish of St. Margaret—in consequence of information, I got permission to enter the house No. 21—I went to the top, and along the roof, to Mr. Greene's roof, and there I found the prisoner with two dresses and a black velvet shawl on his arm—he was in the act of getting over the roofs—he had no boots or shoes on—I found a pair of shoes on the roof afterwardst—the prisoner saw me with the shoes in my hand, and said they were his—he told me to let him go, and I said, "O you b—, I will do for you" and he called out, "Bill, we will do for him"—the butler cattle through the trap-door, tod we took the prisoner to the station—he was sober.
ANN SANDERSON . I am lady's-maid in Mr. Greene's family. I had the care of Miss Henrietta Greene's wardrobe—I know these two dresses and velvet shawl perfectly well—my own work is on the dresses—I had not seen them since the Friday before they were taken, in Miss Greene's drawers—she had gone out of town on the Friday—this shawl is worth 1l., and the dresses 1l. the two—I had seen this rug safe on Friday, in the cupboard in the bed-room.
Prisoner's Defence. I had nothing to do with it.
GUILTY . Aged 31.— Transported for Seven Years.
MESSRS. CLARKSON and BALDWIN conducted the Prosecution.
MARTIN O'HARA . I am a policeman, in the employ of the Great Western Railway Company. On Saturday, the 22nd of Aug., I left this Court at half-past five o'clock—I went to the Cock public-house, New-street Golden-square, at a quarter after nine, to call on a friend—I did not find my friend, and as I was coming out the prisoner had a stick in his hand—there were two men together—when I passed them to go out of the house, the prisoner said, "There goes the b—railway policeman"—he immediately drew a sword from the stick, and stabbed me in the back, under the right shoulder—I immediately seized the sword, and told him he had stabbed me—I cannot say whether the stab was given with any force—I was four feet from him—I told the landlord he had stabbed me—the landlord said, "It is a serious thing; make it up with him"—I said, "No; I don't know the man: I have given him no provocation, nor spoken to him, pushed against him, or anything"—I was in great pain for a week—I poulticed the wound and fomented it—I had my police-coat on—here is the place where the cut was, and this flannel shirt is also cut through—the wound bled.
Cross-examined by MR. PRENDERGAST. Q. Did not the prisoner say it was not a stab? A. No, when I said, "You have stubbed me," he made no answer—I did not hear him say "It was only done in a joke"—he had the sword-stick—I did not see him take it from another man's hand—my back was turned to him—I turned round when he said, "The b—railway policeman"—I did not go to a doctor.
JOHN WILLIS (police-constable. I was fetched to the Cock, in New-street—the prisoner was charged with stabbing the prosecutor—he said it was only a lark—he walked with me to the station—the prosecutor was going the same way—as we went along, the prisoner said it was a lark, and he was very sorry for it—he said he would go with me, but would not go with that b—, he was not sober—I saw the wound on the prosecutor's back—it was a three-cornered wound, such as this instrument would inflict.
Cross-examined. Q. Were there not four corners to it? A. No—I have known the prisoner nine or ten months, about Berwick-street—I never saw anything wrong in him—I was surprised to see him taken in such a dilemma—I know nothing of his character.
COURT. Q. Were there other persons in the public-house? A. Yet, two or three more, drunk.
(The prisoner received a good character.)
GUILTY of an Assault. Aged 19.— Confined Six Months.
HENRY WATSON . I am a hair-dresser, and live in Cowcross-street. Nine or ten weeks ago, as near as I can recollect, I bought this case of birds of the prisoner—he called twice about them—when he came the second time he asked 8s. for them—I gave him 5s.
Prisoner. Q. What time was it? A. About eleven o'clock—it is quite eight weeks ago—I was taken to the station with the prisoner after this—he had brought a clock from Smithfield for me to buy, and then I gave information
about the birds—I told the policeman all I knew of him was buying a case of birds of him.
Prisoner's Defence, I never sold them to him.
GUILTY . Aged 19.
JOSEPH HEDDINGTON (policeman.) On Friday afternoon, the 28th of Aug., a little after three o'clock, I was in Smithfield, and saw the prisoner with a little boy, the witness Watson's son, coming in a direction from St. John's-street, with an eight-day clock under his arm—I saw him go up to the witness Watson in the market—they went away together some distance, and then separated—I went after the prisoner White—the constable went after Watson—I stopped the prisoner, and asked whose clock it was—he said his own—I asked where he got it—he said he won it at a raffle about twelve months ago—he did not know the name of the person he won it from, nor the name of the street—while talking, Watson was brought up, and the prisoner said Watson would own it—Watson said it was his clock—we took them both to the station—Watson had taken the pendulum from the prisoner's hand when he joined him in the market—I took them both from the manner in which they acted.
GEORGE EDWARD WATSON . I am the son of the witness Watson, and live with him, in Cowcross-street. The prisoner came to my father's home, and asked if Mr. Watson was at home—I said if he wanted him I could take him to him, he was in Smithfield market—he said, "Very well"—my elder brother said, "Take him there"—in going along I took the pendulum out of the prisoner's hand—he said to me, "Your father once bought a case of birds of me"—I said, "Are you the man he bought them of?"—he said, "Yes"—I then went up to my father—the prisoner was behind me—my father took the pendulum out of my hand—I told him the man he bought the stuffed birds of had a clock to sell him—my father said, "Where is he?"—the prisoner came up to him, and said, "Master, you once bought a case of birds of me? will you buy a clock?"—my father said, "I do not want one; if you take it to my house I will have a look at it"—the prisoner went on—my father followed him, and then crossed over to speak to a young man whom he knew.
HENRY WATSON . My son came to me in Smithfield, and said, "Father, here is the man of whom you bought the stuffed birds; he has a clock to sell"—my son had the pendulum in his hand—I laid hold of it, turned, and saw the prisoner, who said, "Master, will you buy this clock? you once bought some stuffed birds of me"—I said, "I do not recollect your face; I am not particularly in want of a clock; take it to my house, and I will look at it"—he went towards my house—I crossed over to speak to a young man who lodged with me—I said, "I shall not be long"—at Smithfield-bars the police came up to me.
Prisoner. Q. Did not you steal the clock, and give it to me to carry? A. I do not know where the prosecutor lives—I did not see the prisoner till he came to Smithfield.
Prisoner. The policeman was coming; he said, "Here comes a Bob."
JOSEPH HEDDINGTON re-examined. The prisoner said he used that expression—I asked the prisoner if the clock belonged to him—he said it did how dare I ask him such a question—Watson said the clock was his.
ELIZA GEEVES . I keep the Golden Lion public-house. This is my clock—I saw it safe in the tap-room at two o'clock that day—the prisoner was in the tap-room at the time, and had some bread and cheese—I did not see him go out.
GUILTY . Aged 19.— Transported for Seven Years.
(The prisoner has been previously convicted of felony.)
MR. RYLAND conducted the Prosecution.
JAMES HASELTON . I am a working bricklayer. On the 24th of Aug. I was at the Horns, in Whitechapel—Thomas Ellemore was sitting there drinking—he was going out of the room and caught his foot against some steps—the prisoner was upon the steps doing carpenter's work—I cannot say whether Ellemore's foot caught the steps accidentally or purposely—it moved them—the prisoner drew his saw from where he was sawing a partition down, struck at Ellemore, and missed him—he then took a step downwards, struck him, and caught him on the cheek—it cut him in the side of his cheek, which bled—he was taken out directly by a policeman, to have it strapped up.
Cross-examined by MR. DOANE. Q. Do you know the prosecutor? A. I have known him three or four years—I have heard him answer to the name of Thomas Ellemore.
CHARLES YOUNG . I am a bricklayer. I was at the Horns, and saw the prisoner working at the steps—Ellemore passed and kicked against them, which twisted them from under the prisoner's feet, and slung them round—the prisoner drew his saw from where he was sawing and struck at him—he again struck him, and cut his cheek—I went for a policeman—I cannot tell whether Ellemore did it intentionally or not—it turned the steps an inch and a half, or two inches—he could have seen the prisoner at work there—the prisoner was shook, no doubt.
WILLIAM CARR (policeman.) I was sent for, went to the Horns, took the prisoner, and told him the charge—he said he did strike the man, but said he should not have done it if he had not pulled down the steps—I saw the prosecutor with his cheek strapped up—I could not judge of his wound—he is now in the London Hospital with rheumatic fever, not arising from this—I was before the Magistrate—what the prisoner said was taken down in writing—this is it—(read, "The prisoner says he never touched the steps at all; he had hold of them with his hand and pulled them from under him.")
(The prisoner received a good character.)
GUILTY of Assault. Aged 55.—Recommended to mercy. Confined Fourteen Days.
SAMUEL BURGIN . I am in the employ of John Hyde and others, Cheapside—they have a warehouse in Clement's-inn-yard—I am foreman there, and the prisoner was a workman—on the 18th Sept. in consequence of information I watched him from eight to twelve o'clock, and saw him put four bobbins away in a box, cover them with paper, and put gimp-work over the paper—he went to dinner at one o'clock—I then went to his box and found four bobbins out of five—I marked them—about four o'clock I saw him remove them into another box, wrapping them in paper with another—when he left work at seven I
found they were gone—I went with him to a public-house in Giltspur-street, and sent for Mr. Hyde, who came and took five bobbins from his pocket, four of which were those I had marked—the other was the same colour as the fifth, which had originally been in the box.
Cross-examined by MR. DOANE. Q. Was there anybody in the shop when he put them in the box? A. Yes, seven or eight men.
JOHN HYDE . The prisoner has been in our employ four years and a half—I was fetched to the public-house and saw him, Burgin, and two other workmen—I said, "I suspect one of you has robbed me, I must have an examination—out with your things"—the prisoner pulled some paper from his pocket—I said, "I don't think that is all; what have you here"—he then pulled out a paper containing five bobbins of silk—he said, "For God's sake forgive me, I did not intend to rob you," that he meant to take them home and bring them in the morning, as they were good bobbins for him to work on—I said, "You know you are not allowed to take a single thing out of the shop"—I gave him in charge.
Cross-examined. Q. Are the workmen in the habit of taking work home? A. Never from that shop—I have known him some years—he has brought his family up with credit, and I believe this has been brought on him through a second marriage—I cannot take him again, but I should be glad to do anything for him—he had been seized for rent three times.
GUILTY. Aged 84.—Strongly recommended to mercy by the Prosecutor and Jury. Judgment respited.
MR. BALDWIN conducted the Prosecution.
CASSANDRA TOWNSEND . I am laundress to George Frederick Pollack, of Brick-court, Temple—he was out of town in the early part of this month—I was also out of town for a fortnight—I returned on the 4th of Sept.—I had left the chambers quite safe—I did not miss anything till I was told of the robbery—I then missed several waistcoats and coats belonging to Mr. Pollock
CHARLES SOPER . I am clerk to Mr. Knapp, a barrister, in Brick-court—on the 3rd of Sept. I saw the prisoner on the staircase, as if putting a letter into Mr. Pollock's letter-box—I suspected something, went up, and looked out of our chamber window, and saw the prisoner go out with a bundle—I crossed to a window which looks into another court, and saw him go across with the same bundle—I heard of this robbery next morning, and said I could identify the person from a hundred—I looked about for him at several places and on the Tuesday following I saw him coming down Inner Temple-lane—I followed him up a staircase—he was just entering another set of chambers—I secured him, and gave him to a policeman—I saw the duplicates of property found on him, and a key, which I tried to Mr. Pollock's door, which it opened.
CHARLES BLISS . I am assistant to Mr. Clamp, pawnbroker, Aldersgate-street—I have two waistcoats, pawned on the 3rd of Sept. by the prisoner, in the name of M'Donald—I gave him two of the duplicates produced.
JOHN MELLISH . I am shopman to Mrs. Flemming, of Farringdon-street—I have two waistcoats, pawned on the 3rd of Sept. in the name of John Davis—I do not remember the person—the counterpart of the duplicate I gave him is here.
GEORGE HAWKINS . I am shopman to Mr. Tinsey, of Greek-street, Soho—I have a waistcoat, pawned on the 2nd of Sept.—that is the date on the duplicate, but it may be dated wrong—the young man who took it in is not here—I wrote the ticket.
MRS. TOWNSEND. I know all these things to be Mr. Pollock's—he took some of these waistcoats with him to France, but brought them back after I was gone.
Cross-examined by MR. BALLANTINE. Q. Did you see them after he came back? A. No—I am sure they are his; I have seen him wear them daily.
GUILTY . Aged 22.—Recommended to mercy. Confined Six Months.
LOUISA M'KENSEY . I am single, and live in Lower Kent-street, Commercial-road. On the 8th of Sept, about half-past one o'clock at night, I was in High-street Whitechapel, and saw the prisoner with three or four men and three or four women—they surrounded me—the prisoner took my bonnet and veil off my head, and ran away with them—I knew none of the parties before—I afterwards found them in Buncham's possession—he had taken the prisoner on my giving an alarm—it was torn from my head, and the ribbon broken, and a little of my hair was torn away with it.
Prisoner. Another girl took it, and gave it to me; I did not intend to keep it; the young girl said she was very proud to wear a veil, and began pulling her about; they have paid her for it since. Witness. They came to me three or four times—I refused to take the money, but was afraid at last, or a young man said, if I did not take it, they would be hung for me, and I took it through fear last Friday—nothing was said about my being proud; they merely got round me, and tore my bonnet off.
THOMAS BUNCHAM . I am a policeman. I was on duty in Wentworth—street, and heard a cry of "Police!"—I went down George-yard, and met the prisoner running towards me, with the bonnet and veil under her arm—I stopped her and said, "Where did you get this?"—she was very much exhausted, and said, "It was given me; if you will walk this way you will see"—when I got into Whitechapel I saw the prosecutrix surrounded by four or five very bad characters—it is a very bad neighbourhood.
Prisoner. I did not intend to keep it; it was only skylarking.
----M'CRAW. I am the prisoner's sister. This good lady said, if I would pay her the value of her bonnet, she would not prosecute—I paid her 1l., and she signed this paper—(reads—"Louisa M'Kensey received 1l.")—I asked her if she would go against my sister if I paid her 1l.—she said not—I heard nobody say they would be hung for her if she went against her.
was bound over, and dare not do any thing—I was in Whitechapel, and they said, if I did appear, they would grossly insult me—I took 1l. through fear, and will return it.
GUILTY . Aged 17.—Recommended to mercy by the Prosecutrix.— Confined Three Months.
NEW COURT.—Tuesday, September 22nd, 1846.
Sixth Jury, before Mr. Common Sergeant.
1788. SAMUEL TURNER was indicted for stealing 1 printed book, value 12s.; 9 coloured prints, 1l. 16s.; 2 printed books, 5s.; and 30 coloured prints, 6l.; the goods of George Bell, his master; and that he had been previously convicted of felony; to which he pleaded
GUILTY . Aged 23.— Transported for Seven Years.
GUILTY .— Confined Three Months.
MESSRS. BODKIN and HUDDLESTON conducted the Prosecution.
JOSEPH GARRATT . I am a dairyman, and live in Earl-street, Lisson—grove. On the 31st of July the prisoner and another man came to my shop—they had two bottles of ginger-beer, which came to 2d.—the prisoner tendered me a half-crown, which I took to be a good one—I gave him 2s. 4d. change—immediately he was gone I discovered the half-crown was bad—I gave the same half-crown to Hardwick the officer, a fortnight afterwards.
Prisoner. He said he saw me pass the shop several times between the 31st of July and the 14th of Aug., before he had me taken. Witness. I should have put up with the loss, but the police-sergeant told me there were several cases against him.
COURT. Q. Is it possible you may be mistaken in the man? A. I think not this time—I am sure I am not—when I discovered it was bad, I locked it up in my desk.
MR. HUDDLESTON. Q. Had you seen him between the time he passed the half-crown, and the time the policeman spoke to you? A. I had—I know him to be the man.
COMFORT GRIFFITH . I am the wife of Thomas Griffith, a tobacconist in Praed-street. On the 7th of Aug. the prisoner and another man came to the shop—the prisoner asked for two cigars—they came to 3d.—he put down a 5s. piece—I knew I had not change—I sent a little girl with it to Mr. George's, opposite—she brought the change—the other man who came with the prisoner bought 1d. cigar, for which he paid me—when the prisoner had got his change they went off together rather hurriedly—Mr. George afterwards came in and showed me a crown-piece—I looked at it, and it was bad—I wrapped it up in paper, and put it separate from all other money—I afterwards gave it the policeman.
Prisoner. Q. How do you know me? A. From your being pock-marked, and by your face—I did not turn round at the office, and say, I knew you by the holes in your face—I knew you as soon as I saw you.
gave him the same crown—he gave me change, which I gave to Mrs. Griffith—there were two men in the shop—I did not notice them.
PHILIP GEORGE . I keep an eating-house in Praed-street. On the 7th of Aug. Barker came to me with a crown—I changed it for her—I put it in my pocket—I ultimately gave it to Mrs. Griffith—after Barker had come and got the change, the prisoner and another man came—the prisoner had a 1d. worth of potatoes and paid for them with a 1d.—the other man gave me a 5s. piece ia payment for a mutton-bone—it was perhaps half an hour after Barker had been gone—I sent the crown piece that Barker gave me by a girl to get change, the girl brought it back—I gave the crown-piece the other man gave me back again to him.
GEORGE RANDALL . I keep a shop in Great Carlile-street. On the 11th of Aug. the prisoner came to my house and asked if I sold cigars?—I said, yes—I opened the box, he took a penny cigar out, and gave me a shilling—I gave him change, he went away—I put the shilling in a cup in the till where there was no other money—in about ten minutes I looked at it again—I found it in the cup as I left it, and I found it was bad—I marked it—another man had been in the interval between my taking this shilling of the prisoner and my finding it was bad, and I had taken another bad shilling—I kept them apart from other money—I gave them both to the officer.
THOMAS HARDWICK (police-sergeant D 7.) I took the prisoner at a beer-shop in Lisson-grove—I told him the charge, he said he was willing to go with me—I received this shilling from Mr. Randall, and this half-crown from Mr. Garratt.
JOSEPH NIFTON (police-sergeant D. 17.) I saw the prisoner in company with another man on the 7th of Aug. crossing Praed-street—they went in the direction of Mr. Griffith's—I produce a crown-piece which I got from Mr. Griffith about a quarter before two o'clock that day.
GUILTY . * Aged 19.— Confined One Year.
MESSRS. BODKIN and DOANE conducted the Prosecution.
MARY LAWSON . I am the wife of John Lawson, of Earl-street, Marylebone. On Monday the 10th of Aug., about nine o'clock at night, the prisoner came for half an ounce of tobacco, which came to 1 1/2 d.—he paid me with a shilling—I gave him 10 1/2 d. change—I put the shilling in the till, there was no other shilling there—I noticed that it was a lion shilling—he went away, and in ten minutes another person came and had 1d., worth of tobacco—he gave me a shilling, I put that in the same till—in a quarter of an hour two persons came in for a 1d. worth of cheese, they paid me with another shilling, I put that into the till—soon afterwards I looked in the till—I found all the three shillings were bad—the first was a. lion shilling, the other two were Victoria's—I gave them to the officer.
MARY COOK . I am the wife of William Cook, he keeps a greengrocers shop in Harrow-road. On the 11th of Aug., the prisoner came for a penny-worth of nuts—he put me down half-a-crown—I did not give him the change, but I saw it given to him—I put the half-crown into my husband's hand—I afterwards found it was bad—he had then gone out—I went out, and met the Policeman—I gave him the same half-crown.
SARAH MANN . I am the wife of William Mann, a coal-dealer, in Here-ford-street. On the 15th of Aug. the prisoner came for two bundles of wood—they came to a penny—he gave me half-a-crown—I told him it was had—he said it was a very good one—I told him to wait till I went into the parlour—I went there and showed the half-crown to my daughter—I then told him again it was bad, and I would not return it—I asked him if it was his own—he said, "No, it belongs to another young man"—I told him to send the man to me, and I would return it to him—he then threw down the wood, and said he would not take it, and I ought to know him became his brother lived in my house—I said, "What was his name?"—he aid Simpson—I said he had not lived there for three years—he then went away and left the half-crown—my son came to the door, and I handed the half-crown to him—soon after the prisoner was brought back, in custody of Hall—my son returned me the half-crown—I held it in my hand to give it to the policeman, and the prisoner made a grasp at it—I gave it to the policeman.
WILLIAM MANN . I am the son of Sarah Mann. My mother gave me a half-crown, and I went after the prisoner—I met the policeman, and told him—the prisoner was taken—I returned the same half-crown to my mother.
JOHN HALL (police-constable D 64.) On the 15th of Aug. I saw the prisoner go into Mrs. Mann's shop—I afterwards saw William Mann—he told me something—I took the prisoner—I told him what it was for—he said he had been sent by another young man—I took him back to Mrs. Mann's, and received this half-crown.
GUILTY . Aged 19.— Confined One Year.
MR. PRENDERGAST conducted the Prosecution.
WILLIAM MILAN . I live at Bedfont, in a lodge belonging to Mr. Fagg—I am his bailiff—on the 27th of Aug. I had 6l. 11s. 6d. in a bag in a drawer in my bed-room—it consisted of sovereigns, half-sovereigns, and silver—the prisoner came into the yard where I was at work about nine o'clock that morning, and asked me to lend him half-a-crown—I had not any money with me, and told him to go to my wife and tell her there was some money in the drawer—I did not go into the house myself then—Mr. Knowles called on me about half-past eleven o'clock that inorning—I went into the house and paid him two little bills out of the bag—I left in the bag 4l. 3s. 6d. and a tenpenny franc—I put the bag in the drawer, and left the house—I returned to house to my dinner, about half-past twelve o'clock—my wife was in the house then—when I had had my dinner I went out, leaving her there—I did not look at my money then—I returned to the house about three o'clock—I then went to the drawer, as a man had brought some night soil for my master and the bag and money were gone—there was another bag in the drawer which my wife bad the management of—it contained two shillings—I gave the man a shilling out of that bag—I went out of the house, and my wife was coming in—I returned to the house, about six o'clock, and in consequence of some
remark between my wife and me, about my having taken the shilling out of her bag, I discovered that my money was gone—I had thought that my wife might have put it in another drawer—my daughter was then out—I sent for her—she gave me some information—when I came home at three o'clock my daughter was at home—she unlocked the door and let me in—the prisoner was not given into custody at all—I went before the Magistrate on the Monday.
Cross-examined by MR. CLARKSON. Q. The prisoner was admitted to bail? A. Yes, and he surrendered yesterday.
ELIZA MILAN . I am the prosecutor's wife. On the 27th of Aug. the prisoner came to me in the morning, and asked me if I would lend him half-a-crown—he said my husband told him the money was in a bag in the drawer—I went to the drawer, took out the bag, and gave him the money he wanted—he then asked me if I had a fourpenny piece—I emptied the money out of the bag on the table in the middle of my sitting-room, where the prisoner was—I said, "There is not a fourpenny piece"—he said, "Never mind, I must do without"—that was between eight and nine o'clock in the morning—I put the money in the bag again, and put it in the drawer—there was 6l., 9s.—I remember my husband paying some money to Mr. Knowles about eleven o'clock—I saw my husband take the money and put it into the drawer again—he then went out with Mr. Knowles—my husband came in to dine—I was then in the house, and my two children, and the baby in the cradle—I remained in the house from the time my husband went out at eleven o'clock till one o'clock, and no one had an opportunity of going to the drawer during that time—they could not without my knowing it—my boy is fourteen years old, my little girl is ten—the boy came home with his father to dinner, and after dinner he and his father went out—my son did not go into the bed-room, I am positive—when my husband and son left, there was me and the girl, ten years of age, and the baby in the house—I went out about one o'clock to take my father's dinner, who was at work in a field—I left my daughter Ann in the house, and the baby—before I went out, I shut and fastened the bed-room window, which is on the ground-floor—I then locked the bed-room door, and left home, leaving my little girl at home—I returned home about three o'clock, and was in the house from then till six—when I came home at three my husband was at home—the prisoner called again about six, and brought me the half-crown—I went to put it away where I took it from, and the bag was gone—when I came home at three my husband was at home, at the desk—he did not say anything to me about any loss—when he came home again afterwards, we had some discussion about a shilling, and discovered the loss of the bag—I did not observe whether the window was fastened as I had left it, when I came home at three—it had been open till I shut it up.
Cross-examined. Q. The prisoner lived with his father, and was a neighbour? A. Yes—I had no reason to think ill of him—I was at home from eleven o'clock till one, in the kitchen or sitting-room, the adjoining room to the bed-room—the drawers in which the money was kept are exactly opposite the door—the room is on the ground-floor—the window was open that I shut down at one o'clock.
ANN MILAN . I am ten years old—I remember my mother going out on the day the money was lost—she went out about one o'clock—she left me and the little baby at home—after she was gone out I locked the front door—some time after she was gone the prisoner came to the door—he brought a book—I opened the door, and he came into the room, and stood against the
desk—he asked me if I would give that book to Miss Coles—I told him Miss Coles was very often out in the afternoon, and I would give it her—he then went away and left me the book—he was then standing at his gate, which is opposite to ours—I looked out and saw him—a man went along in a cart, and his coat flew up, and I told the prisoner about it—there was a hackling-machine lying on the table in our room—I asked the prisoner if he had seen it, and he said "No"—I said, "Come over and have a look at it"—he came over, and I was at the window—he looked in, and then he said, "Where is baby?"—I said he was asleep in the cradle—he said, "Very well," and he came to the room door—I said, "Oh it is locked"—I opened it, and he came in and looked at the hackling-machine—when he was outside the window he said he had got something for baby, and when he came in I asked him two or three times what he had got for baby, and at last he put his hand into his pocket and brought out a bunch of grapes—he said he dared to say they were too sour for baby, and if they were, I was to eat them myself—he then asked me if Miss Coles had been up for the book—I told him no—he asked me if I should mind running with it—I said no I should not mind it, but mother said I was not to leave the house, as there was such a rif-raf lot coming along the road, there was no knowing what they might do—(it was the day of Egham races)—I said to the prisoner, "Will you stay?"—he said, "Yes"—I took the book and left him there—I did not take the grapes—I laid them upon the table—I think I was not more than five minutes gone with the book—when I returned I found the prisoner standing against the desk—he told me to take the book to Miss Coles, and ask her to let him have another—she said, "Very well"—I took him back the message—he went out soon after I returned—the key was in the bed-room door all the time—my mother came back afterwards.
NOT GUILTY .
ANN HAYWARD . I am the wife of William Hayward—we keep a shop in Bishopsgate—the prisoner called on me for orders for Mr. Peppercorne—I gave him an order about the middle of April—he brought the goods, two gross of blacking, from Mr. Peppercorne—he said he was not to receive the money then, but he would call again—I said I preferred paying on delivery—he said he was not to receive it then—he called next day and said he called for that little account—I believe he said for Mr. Peppercorne—I gave my little boy two sovereigns to give him—I saw him pay it, and saw the prisoner sign the bill—this is it.
Cross-examined by MR. O'BRIEN. Q. He said he called for that little account, that is all you recollect him to have said? A. Yes, signifying the little account for the blacking—I had dealings with him before—he and the carman had come together—I had paid before—I cannot say which took the money.
NICHOLAS PEPPERCORNE . The prisoner was in my service as a commission traveller in April last—he had no authority to receive money for me on any occasion—he had no authority to receive this money—he never paid it to me.
Cross-examined. Q. Had he never paid your clerk any money he had received previous to this? A. Not to my knowledge—I had a partner sometime before, but not at that time—the prisoner never paid me any money since my partner left—I spoke to him about this 2l. when I heard he had
received it—I gave him a fortnight's time to pay it, and gave him a book to enter his account, and he sold the book—he offered me 1s.
* GUILTY . Aged 46.— Confined One Year . (There was another indictment against the prisoner.)
1794. JOHN DRAPER was indicted for stealing 25lbs. weight of lead, value 3s.; and 1 metal tap, 6d.; the goods of James Hargrave Mann; fixed to a building; and that he bad been before convicted of felony; to which he, pleaded
GUILTY . Aged 22.— Transported for Seven Years.
RICHARD ADAMS FORD . I am a hosier, and live in the Strand. I had seven handkerchiefs lying on a chair outside my counter, but inside my shop, on the 22nd of Aug.—the officer came in—I looked for the handkerchiefs, and they were all gone—I have examined these handkerchiefs produced, they are all mine—the prisoner had come to my shop that day, and wished to see some stockings—these handkerchiefs are mine, and were close by where he came.
GEORGE COOPER . I am an officer of the Temple. On the 22nd of Aug. I met the prisoner in the Temple—he had something concealed under his coat—I stopped him, and found on him these handkerchiefs, with the mark on them, as they are now—he said he had picked them up in the Strand.
GUILTY . Aged 16.— Confined One Year.
MARY ANN ELSDEN . I am the wife of Thomas Elsden, of Somers-town. The prisoner was in the habit of coming to me with milk—I paid her 7d., 7d., and 8d. for her master, on the 22nd of June, the 6th of July, and on the 20th of July.
LOUISA FAREBROTHER . I am the wife of Richard Farebrother. The prisoner went out with milk for me—she did not pay me either of these sums received from Mrs. Elsden—it was her duty to have paid them to me if she received them—Mrs. Elsden was a customer of mine.
Prisoner. My mistress told me not to receive them. Witness. She told me I had better go myself, as they did not pay—I went, and they had paid the money.
GUILTY . Aged 30— Confined Six Months. (There were two other indictments against the prisoner.)
EDMUND WOODLAND . I live at Richmond, in Surrey. I was in Long-lane, Smithfield, on the 28th of Aug.—I felt a twitch at my pocket—I put my hand round, and took my handkerchief from the prisoner's hand—he ran away—I followed him round Smithfield-market—I caught him, and held him till the policeman came—this is my handkerchief.
WILLIAM CONSTABLE (police-constable G 81.) I produce a certificate of the prisoner's former conviction at this Court, by the name of Thomas Jones—(read—Convicted 19th August, 1844, having been before convicted of felony;—confined one year)—the prisoner is the person.
GUILTY . † Aged 21.— Transported for Seven Years.
OLD COURT.—Wednesday, Sept. 23rd, 1846.
Third Jury, before Edward Bullock, Esq.
MARY MIDLAM . I keep a lodging-house in Spring-gardens, in the parish of St. Martin's-in-the-fields—it is my dwelling-house—the prisoner was in my service as porter and waiter. On the 10th of May I went out for a short time, and left him alone in charge of the house—I returned soon after nine in the evening, and could not get in—I got a person to enter at the window and let me in—the prisoner was gone—he had been a month in my service—I went to my bureau, which I found locked as I had left it, but missed 4 5l., notes and 2l. 10s. in gold, which I know was safe early in the day—I found the prisoner at Bow-street, a fortnight ago—I had given notice to the police directly I was robbed—I have seen two notes since, which I believe to be mine, but one I am certain about—I cannot swear to the number—I got the numbers from the gentleman who paid me them—I had received three from Mr. Beardmore, and the other from Scotland—I believe the one (16442) is one of the three.
NATHANIEL BEARDMORE . I am an engineer, and live at Pimlico. In April or May I received eighteen 5l. bank notes from my bankers—I took the number of several of them about the time I received them—I paid Mrs. Midlam 16441, 42, 43, 47, and 48, dated April 2nd 1846—the note produced is one of them.
ROBERT HOUSEMAN . I keep the Horse and Groom public-house, Whitcombe-street—I knew the prisoner in Mrs. Midlam's service. On Sunday the 10th of May, he came to my house for change for a 5l. note, which Mrs. Houseman gave him—I do not know the note—I saw him go out with fire sovereigns in his hand.
GEORGE FRANCIS WALKER . I keep the Queen's Arms-tavern, at Margate. On the 14th of May the prisoner came to lodge there, and changed a 5l. note—he put the name of Edward Evans on it in my presence—I believe this to be the note—here is the name which he put on it (looking at the note No. 16442.)
Prisoner. I believe it is E. Stevens upon it. Witness. I read it as Edward Evans.
Prisoner's Defence. The prosecutrix said at the first examination she left the money all safe, and afterwards that others might have an opportunity of taking it.
GUILTY . Aged 24.— Transported for Ten Years. Before Mr. Justice Maule.
1799. JOHN BANNISTER FALKNER was indicted for forging and uttering an acquittance and receipt for payment of money, with intent to defraud Leon Soloman; other COUNTS, calling the instrument a warrant for the delivery of certain railway shares, &c., &c.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
EDWARD RICHARDS . I am not in any business—I live in Margaret-street, I Cavendish-square. About the middle of Feb. this year I was in the habit of transacting business with Fabian and Co., share agents, in the City—I did not usually go to their place of business—I met Fabian usually at the West India Coffee-house—I occasionally went to their counting-house, but more frequently to Garraway's—I was introduced to the prisoner at the counting-house, about six weeks after the first transaction with Fabian as likely to do business together, and they occupied this office—after that I raised money on certain scrip of the Buckinghamshire Railway—I acted for Mr. Fabian—I did not know Mr. Falkner—after I was introduced to Falkner I continued to raise money on these shares—I went to Worthing to Falkner on Good-Friday, and spent two days with him there, and we thought of going into some large business together, in the shipping way—that was my introduction to him—I did not have any communication with Falkner on the subject of the Buckingham shares—I paid the money I raised from time to time to Mr. Fabian, usually at the Hall of Commerce, at Garraway's, and at the Jamaica Coffee-house—I have left money at the counting-house, and have seen Mr. Fabian and Mr. Falkner in the office—I received the shares from, Fabian—he had offered me other shares, and I never would take them—I only took the Buckinghamshire shares—I did not receive any of those shares, I from Falkner, or in his presence, not for him to know anything about what we were doing—among other persons, I raised money frcm Mr. Killick on these shares—it must have been previous to May last, because it was one of my first transactions—there were three transactions with him—they were previous to the month of May—I cannot be certain whether those three transactions were before or after my meeting with Solomon; I can hardly say—about the 6th or 7th of May last, I think, this matter became the subject of inquiry—I think one of my transactions with Killick must have feen before that, before these parties were in custody—I do not know Mr. Beaton—I did not raise money of him by these shares—I know Mr. Solomon, the prosecutor—he lives in Jermyn-street, St. James's—about the 6th of May I raised money from him on some of these Buckingham shares—it must been before the 6th of May—I acted for Mr. Fabian in raising that money from Mr. Solomons—I cannot positively say whether I was at Falkner and Fabian's office on the 6th of May—I was in the City that day, and saw Fabian—I cannot say whether I met him out of the office or in the office—I remember Mr. Fabian saying something about the urgent necessity of raising money before four o'clock—Mr. Fabian went with me westward—we took a cab near the Bank—I do not think I saw Falkner that day before I took the cab—I dined with Falkner and Fabian after the transaction—I do not think I saw Mr. Falkner that day before the transaction—I cannot positively swear it, because I spent the whole of that day nearly with Fabian—I cannot say I saw him that day, except at dinner—afterwards I went up with Fabian to Mr. Solomon's—I did not take any of the scrip with me—he had no scrip with him—we went to ask Mr. Solomon the question whether, if scrip was left, he would advance any more money that day—I do not think Falkner knew what Fabian was going to do, till we had ascertained whether money could he had that day or not—Mr. Solomon agreed to advance money if Mr. Fabian would get the shares—I waited there while Fabian went to procure the scrip—he returned with it—the transaction was completed by the advance of the money—I then left him till six o'clock, when I dined with them—Fabian then said something about the money that had been obtained—I do not recollect what Faulkner said particularly—I have made a general statement of the whole tranaction
to my own solicitor—I did not see Falkner on the subject of the advance by Solomons that day, before I went up to him—I do not think that the application to Mr. Solomons on the 6th of May was known to Falkner—I do not know what occurred when Fabian went back to the City, not speaking from my own knowledge.
NOT GUILTY .
(There were two other indictments against the prisoner, upon which no evidence was offered.)
Before Mr. Baron Platt.
MESSRS. BODKIN and DOANE conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of William Poston at this Court in July, 1842—I have examined it with the original record in Mr. Clark's office—it is a true copy—(read.)
MARGARET BALDRY . I am bar-maid at Mr. Gurney's, the Coachmaker's Arms, Marylebone. On Monday, the 17th of August, between eleven and twelve o'clock in the morning, I was in the bar, attending to customers—(the prisoner came to the bar, and asked for a glass of spruce—I served him—it came to 2d.—he gave me a sovereign—I examined it—I found it was a good one, and gave him six half-crowns, four shillings, two 4d. pieces, and four halfpence—he drank the spruce, and asked me if I could give him a half-sovereign instead of the silver—I gave him a good half-sovereign and he gave me four half-crowns—he then said he had some halfpence and wanted 4d. pieces, and putting 2d. to the 2d. I had given him, asked me for a 4d. piece—in doing that his hand came near to where the half-sovereign was lying—it was on the same part of the counter—I gave him a 4d. piece for the halfpence—he then asked me to give him silver for the half-sovereign, which was then lying on the counter—I looked at it, and it was not the same I had given him—it was a bad one—it was much darker in colour, and had a smoother appearance than the one I had given him—I can swear it wai not the same—I said it was bad—he denied it being bad, he snatched it off the counter and left the house as soon as possible—the Sun and Sportsman in High-street is not more than ten minute's walk from our bouse.
Cross-examined hy MR. PAYNE. Q. Had you ever seen the prisoner before? A. No, he was there two or three minutes or more—the half-sovereign I put down was a Victoria one, and so was the one he asked for silver for—I did not touch the one he asked for silver for—I merely judged by the appearance of its being bad—I cannot say how the prisoner was dressed—he had a black hat on—I am certain he is the same man.
MR. BODKIN. Q. How soon after the transaction were you called on about the matter? A. About one o'clock the same day, and then saw the prisoner—I have not the slightest doubt of him.
COURT. Q. You did not see him take up the half-sovereign you put down? A. No, he might have taken it up and put another down without my observing it, at the time I gave him the 4d. piece.
MARGARET DAVIS . I am bar-maid at Mr. Weston's, of the Sun and Sportsman, High-street. On Thursday, the 17th of Aug., a little after twelve o'clock, the prisoner came and called for a glass of spruce, which
came to 2d.—served him—he gave me a sovereign—I keep change ready done up in paper—I took it out of the paper and counted it, half a sovereign, three half-crowns, two shillings, and four pence—I put it down on the counter before him—he then asked me how much the spruce was—I told him 2d.—he then said he did not want the change, that he had four halfpence, and asked for the sovereign back again—before that I had seen him moving the halfsovereign I had given him—I only saw his hand moving it—I looked at the half-sovereign, and found it was not the same I had given him—I said it was not the same, and picked it up and kept it—he asked what I meant—I said it was not the same, and I would not give him the sovereign till he gave me a good half-sovereign—he did not give me one—I took hold of him and held him by the collar till my master came—I had examined the half-sovereign I gave him before I gave it to him—it was a queen's half-sovereign, rather dull, and worn on one side more than the other—his was a queen's one, but much brighter than the one I had given him—my master had put the change ready done up in paper in the till—I bad seen him do it—he put three halfsovereigns in the till—this was one of them—I gave the half-sovereign to my master.
Cross-examined. Q. What time did your master put the change in the till? A. After ten o'clock in the morning—we had not had any customers for change—there had been customers—I took the half-sovereign out of a paper in a drawer at the back of the till—it was in a paper with the full change for a sovereign—there were four half-crowns in the paper, but I changed one to take for the spruce—I examined the half-sovereign before I gave it him because I always do so—I had not weighed it myself, my master had, but not in my presence—I saw the prisoner with something in his hand on the counter among the change, I thought directly he was changing the half-sovereign—I looked at it and saw it was not the one I had given him—I seized him and held him—I did not lose sight of him till the policeman came.
CHARLES WESTON . I keep this house. I remember my servant calling out—I went, and found her with the prisoner in custody, in front of the bar—she gave me a half-sovereign, and said it was counterfeit, and very bad—the prisoner wished to have it again—I would not allow that—I kept it in my possession till the policeman came—I maked it and gave it to him—I had that morning placed 3l. for change in the drawer in the back of the till—there were three half-sovereigns, and the remainder in silver, wrapped in separate parcels—I examined the three half-sovereigns myself—they were good—I am certain the one produced is not one of the three—there was a stranger on the same side of the counter as the prisoner—I did not interfere with him.
Cross-examined. Q. Is this the first time you have recollected about the stranger being there? A. No—I was not asked the question before the Magistrate—I put the half-sovereigns in the paper about ten o'clock in the morning—my wife and Davis serve in the bar, but my wife was not in the bar that morning, I am certain.
COURT. Q. What did you say to the prisoner when the bar—maid said the half-sovereign was bad? A. I asked his name and address—he gave no answer—I said, "Now where is the good half-sovereign you have received of my bar—maid?"—he said, "Let me look at that one"—I said, "No, give me the good one"—he said, "If you will give me the bad one I will return you the other"—I said, "I cannot do that, if you don't give me the half-sovereign, I will send for a policeman, "which I did—after the servant had gone out some time, he said, "You need not trouble yourself, I will go and fetch a Policeman myself"—I said, "No, you need not do so"—he said, "Well,
give me the half-sovereign back"—I said, "I will not"—the policeman cane during that time, and I gave him in charge.
JAMES HANDLEY (policeman.) I was called to Mr. Weston's house, found the prisoner there, and received this half-sovereign from Mr. Weston, which I produce—I took the prisoner in charge—he said it was all wrong, I ought to let him go about his business—I asked where he lived—he said, "No. 18, King-street, Somers—town"—I went there and found it was quite false—he then said he lived with somebody in St. James's—street—I found that was false—I searched him—I found no money on him—I saw a man standing behind him in the public-house.
Cross-examined. Q. When you said he must come with you, did not be say, "Very well?" A. He did not at that time—he was unwilling to go, and used very abusive language—I swear he did not say, "Very well" at all—he was very unwilling to go with me—after he was taken into the parlour, when I told him the third time he was to go with me, he did say, "Very well" then.
cross-examined. Q. Has it been rubbed since? A. It appears so—some of the gold is scraped off—I did not see it before the Magistrate.
GUILTY . * Aged 25.— Transported for Seven Years.
FRANCES JACOBS . I am the wife of John Jacobs, cap-maker, of Skinner-street, Bishopsgate. The prisoner was in my service nine days, and left On Thursday afternoon the 24th of Aug.—she had been washing that day in the front parlour, and had taken the tub into the back yard—afterwards she came in to me and went into the front parlour with the child—I was in the back parlour—I heard the child cry in about ten minutes, and I called, "Mary"—I got no answer—I found she was gone and the drawer in that room was broken open—I missed from it a white petticoat, two shifts, four half—crowns, one pair of stockings, and one pair of shoes—I saw her five days afterwards in Bishopsgate-street station—the shoes and stockings which I missed were then on her feet, and she had two duplicates.
Cross-examined by MR. HORRY. Q. Was there not some money doe to her? A. Yes—one week's wages—the drawer was locked—a knife had been put in to open it—I had no character with her—I was to pay her 9d. a week—there was no dispute about her wages—I am positive she did not ask me for them, and could not get them—she had been with me nine days—I not paid her the first week.
WILLIAM LAURENCE . I am a shopman to James Howell, of Beach-street, Barbican—I produce a petticoat and shift, pawned at my master's for 6d. on the 24th of Aug.—I have the duplicate which I kept—I have no recollection of the person pawning—I gave her the corresponding part of the duplicate I produce.
AUGUSTUS FREDERICK DANIEL . I am in the employ of James Hawes, pawnbroker, in the Whitechapel-road—I produce a shift, pawned on the 19th of Aug., I believe by the prisoner—I did not know her before—there was nothing to draw my attention to her—I gave her a duplicate—I have mislaid the corresponding one in coming here.
HENRY FINNIS (City police-constable, No. 633.) I took the prisoner in charge on the 25th of Aug. at Bow fair—I took her to the station—I asked her to hand over what she had got—she gave me seven duplicates from
pocket, one for a shift and one for a petticoat—she had these shoes on her feet.
cross-examined. Q. Is this the second time the prisoner has been with you? A. No, she slept at my house—there is no particular mark on the things, but I know my own work on one of the shifts—I know the stockings she had on—they were footed underneath and half across the foot—I missed as many shifts as these—I missed nothing more than has been produced—I saw the drawer safely locked an hour before.
(The prisoner received a good character.)
GUILTY . Aged 17.—Strongly recommended to mercy. Confined Two Months.
Before Mr. Justice Maule.
GUILTY . Aged 33.— Confined Nine Months.
1803. WILLIAM BARNETT and GEORGE DAVIS were indicted for burglariously breaking and entering the dwelling-house of James Richardson, at Chiswick, and stealing therein 1 watch, value 20l.; 4 half-crowns, and 10 shillings, his property.
MR. PAYNE conducted the Prosecution.
CHARLES BLUNDELL . I am a boat and barge builder at Strand-on-the-Green, next door but two to the City Barge public-house. On Friday evening, the 11th of Sept., about six o'clock, I was standing in front of my house and saw the two prisoners and another enter the public-house—I did not see them come out.
Cross-examined by MR. BALLANTINE. Q. Had you ever seen Barnett before? A. No, my attention was called to him from his resemblance to a young man I knew very well.
Cross-examined by MR. CLARKSON. Q. You were not so certain of the others, were you? A. I recognised them all before the Magistrate—I felt more certain of Barnett than anybody else.
RACHAEL RICHARDSON . I am the wife of James Richardson, who keeps the City Barge public-house at Strand-on-the-Green, in the parish of Chiswick. On the evening of the 11th of Sept., I saw the prisoner Davis in my house—I recollect him perfectly well—there were two more with him—I cannot recognise Barnett—I first saw them at the foot of the stairs—they were going up stairs—I went up two or three stairs to see if my bed-room door was shut—I considered it was, and did not go up further—they stood on the stairs and asked me for 6d. worth of gin and cold water—I cannot say who spoke to me—they also ordered a glass of ale—I saw the man who is not in custody—I only recognised him by his dress, not by his features—in about a quarter of an hour after, in consequence of something my daughter said to me, I went up about three stairs, and saw a person in a light dress pass from my bed-room door—it was M'Lean, who has escaped—he went from my bed-room door into the front room in great haste—I came down stairs and made the gin-and-water—Davis was then standing at the kitchen door, down stairs, waiting for the gin-and-water, at the time I stepped up stairs—I thought I heard
somebody at my bed-room door, and went up, and saw M'Lean—when I cane down again Davis stood at the kitchen door drinking the gin-and-water—the other two came down stairs and they all went out together—they had been in the house about half an hour—directly they were gone I and my daughter went up to the bed-room—I unlocked the door myself, went to the drawer where I knew I had put a gold watch in the morning, and missed it—it was worth twenty guineas—I also missed about 1l. worth of silver from a basin in the same drawer—I have seen the watch since.
Cross-examined by MR. BALLANTINE. Q. Is there a tap-room below in your house? A. Yes, and a front room up stairs—there were no other people up stairs—there were two people down stairs sitting on a bench near the street door—they all five seemed to go out very nearly together—I cannot tell which went out first—the three men came down and went out, and I missed the whole five together.
MR. PAYNE. Q. Had you seen those two in the house before the three came in? A. No, they came in after them—I saw no communication between them.
ELIZABETH RICHARDSON . I am the daughter of the last witness. On Friday evening, the 11th of Sept., between five and six o'clock, I was dressing in a room adjoining my mother's bed-room—I heard somebody come up stain and then come to my mother's room—I heard them say," Oh, it is a bed-room," and they walked into the front room—I came out of my room—(I go through my mother's room to mine) and bolted my mother's room door inside, and went back to my own room—I had not shut my room door—I afterwards, heard people trying the door of my mother's room—I came to the door, looked through the key-hole, and saw light plaid trowsers, and heard somebody go into the front room—I went back to my own room—they came to the door again—I went from my room, looked through the key-hole of my mother's room again, and saw the same trowsers—somebody was rattling at the door—I walked a little way from the door, and called out, "Who is there?"—I did not receive an answer—I heard them walk back again to the front room—I dressed as quickly as I could, locked my mother's door outside, went down I to my mother, and took the key with me—I found the door bolted inside just the same when I came out from dressing—I was obliged to unbolt it to come out—when I went down the prisoner Davis came out of the front room, followed me down stairs, and asked for a spitoon, which my mother gave him—he took it up stairs—in three or four minutes he came down again with two glasses, one to be filled with gin-and-water and another with ale—they had been drinking out of the glasses—he came down for more—he did not take them up stairs—he had them at the kitchen door, and the other two men came down stairs—I knew the others—the one in the light dress was M'Lean, who has escaped—they all three went out together—I went up to the room with my mother—it was about ten minutes after I had come down—we found the door locked.
Cross-examined by MR. CLARKSON. Q. When you gave Davis the gin-and-water and ale the other two were up stairs? A. Yes, as I gave it into to his hand I saw them walking down stairs.
MR. PAYNE. Q. What trowsers had M'Lean? A. A small plaid, corresponding with the trowsers I saw—I do not know who drank the gin-andwater and ale—there were two empty glasses left—I cannot say whether Davis had drank any at the time the other two came down.
SARAH PICKTON . I am the wife of Edward Pickton, and live next door to the City Barge public-house. On Friday evening, the 11th of Sept. between five and six o'clock, nearer to six, I was standing at my door, and saw three
men come out of the City Barge and go towards Chiswick—I know Barnett to be one of them—I lost sight of them about four yards from my house—the houses project, which prevented my seeing them further.
Cross-examined by MR. BALLANTINE. Q. Are you a friend of Mr. Blundell's? A. No, we are neighbours—I particularly noticed Barnett, because he resembled a person I had seen before, named Mr. Henry Perring.
WILLIAM MARSH (police-constable T 62.) On Friday evening, the 11th of Sept., between six and seven o'clock, nearer to six, I was on duty in the Great Western-road, and saw the two prisoners and M'Lean opposite the Pack-horse and Talbot, in the parish of Chiswick, the house nearest this way, they were all three walking and talking together, about a mile from the City Barge public-house—soon after they passed me some men came running up—from what they said I turned and ran after the prisoners—I jumped behind an omnibus and overtook them at the Coach and Horses—M'Lean was standing against the door—I passed him—he ran away—I went through into the back yard, saw Barnett and Davis, and took them—M'Lean was brought back in custody by Mr. Richardson and another—they were all taken to the station—I searched M'Lean and found on him these twenty-one skeleton-keys, a crowbar, a knife, 10s. in silver, and 3 3/4 d. in copper—he said he would give me 20l. or 50l. if I would let him do away with these things before he got to the station—I had never seen the prisoners together before—I did not try the skeleton-keys to the room door.
Cross-examined by MR. BALLANTINE. Q. M'Lean contrived to get away, did he not? A. Not from me—I do not know where he is—he got out of the cart which the gaoler was driving.
MR. PAYNE. Q. How far had you seen them walking and talking together from the house you found them at? A. A little better than a quarter of a mile.
WILLIAM ANDREW BAILEY . I keep the Raven public-house, at Hammersmith, on the night of the 11th of Sept. and saw M'Lean running in the new-road, in a direction from the upper Pack Horse and Talbot—several persons were running after him—I stopped him, and saw him throw a watch over the hedge—I got over, took it up, and gave it to Marsh.
EDWARD SCOTNEY (police-sergeant.) I assisted in taking the prisoner—in going to the station I heard Barnett say to Davis "hook it"—I found 11s. in silver, 6d. in copper, a knife, and some keys on Davis; and 1s. 1 1/2 d., a diamond pin and a knife on Barnett, which were given up to him.
ELIZABETH RICHARDSON , re-examined. Davis had gone up with the spitoon and come down again—I was explaining to my mother what I had heard—that took very little time, but I could not get her away from the bar to tell her at first—they all came down about five minutes after Davis had gone up with the spitoon.
BARNETT— GUILTY . Aged 32.
*†DAVIS— GUILTY . Aged 30.
Transported for Ten Years .
Before Mr. Baron Plat.
MR. BALDWIN conducted the Prosecution.
JOHN TWEEDY . I am the prisoner's son, and am ten years old—we live in Grove-street, Hackney. On Sunday the 30th of Aug., my brother went to the Forest—my father came home about seven o'clock, I came in directly after him—the cloth was laid for supper, and the knives and forks, and food on the table, my brother came in from the forest soon after—my father was then at supper, and said my brother should not have any—my mother was in the wash-house, in the back yard—I do not know whether she heard this—she came into the room and saw my brother standing up and me sitting down to supper, and she told him to sit down to supper—my father then got up and struck her with a knife which he was eating his supper with—my mother was leaning against the drawers, about a yard and a half from him—he was angry when he got up—I did not hear him say anything to her when he struck her, or at any time—he struck her on the left side of her neck, he was not sober—I did not see him fall against her—he got up from his chair, I did not notice whether he stumbled, the blood flowed from the wound—my father wanted to put some strapping on it, my mother would not let him—she held an apron round her neck, and sat down—my brother went for a policeman, but Mr. Pain called him back, and told him to go for Dr. Harris—my father sent me for a doctor, and when I returned my father was gone for a cab—my mother was in the kitchen—I had heard her tell my father to go for a cab to take her to the hospital.
Cross-examined by MR. BADLANTINE. Q. Your father had not been scolding you? A. No—he often complains of my being out late—mother stood by the drawers—after the wound was inflicted, my father put the knife in the knife-box—this is the knife now produced.
CATHERINE TWEEDY . I am the prisoner's wife. On the 30th of Aug. husband came home between six and seven o'clock—he was not sober—I then laid the cloth and put the knives and forks, on for supper—my elder son, who is seventeen years old came home—my husband upbraided him and asked him who gave him leave to go out—he said, nobody—my husband said, then you will have no supper, go to bed—I begged him to let him have supper—I was very audacious towards him, and he got up—he stumbled, and the last I remember was hearing the knives and forks tingle—I was wounded, I was standing against the drawers at the time—he was not attempting to do anything—I was very domineering, and suppose he was getting up to frighten me—I am sure he never would have hurt me if sober, there is not a better father or husband—I said, "You have no business to binder the child having his victuals"—that made him angry—he got off the chair with the knife ih his hand—he did not take it off the table, he made towards me threatening something, and stumbled against the leg of the table and fell down on me—I then received the wound.
COURT. Q. Did you see whether he raised his hand to stab you? A. I did not—I had my back to him—I know he stumbled, as I heard the knives and forks on the table jingle—he was not sober—he had been out all the afternoon.
ROBERT PAIN (police-constable M 247) I went to the house on this night, and saw a pool of blood in the passage, at the back room door—I went into the back room, and saw the prosecutrix wounded—the prisoner came in while the surgeon was closing the wound, and brought a cab, but it was agreed, agreed at last she should not go to the hospital—I said he must consider himself in my custody—he said he was quite aware of that, and on going to the station he said he had committed the deed, and must suffer for it—there is a stain of blood on this knife, which I received from the son.
cross-examined. Q. Do you mean to swear the expression he used was
"I have committed the deed?" A. Yes—he used those very words—it was not, "I have done it"—I will swear that—I am positive of it.
COURT. Q. Look at your deposition? A. I signed this—I might be mistaken in the expression—I cannot exactly swear to the expression, it means the same thing, and it might have been, "I have done it, and must suffer for it"—I attribute the same meaning to both—I heard him make this statement before the Magistrate—(read—"The prisoner says, all I have to say is, I was the cause of the wound, but I was irritated, and my foot slipped; I had a knife in my hand, and instead of intending to do it, I did the effect.")
MICHAEL HARRIS . I am a surgeon, and live at Hackney. I was called to the prosecutrix, who was bleeding from an incised wound about three inches long, and opening the external jugular vein—there was considerable hemorrhage—this knife would inflict the wound.
cross-examined. Q. A considerable portion of the blade must have been used? A. Yes—it was not a stab, but a flap wound—the knife falling against her in his hand would inflict it.
MRS. TWEEDY re-examined. Q. On your oath, do you believe the wound was intentionally given, or accidental? A. It was accidental—he did not stab at me—he fell against me with the knife in his hand.
NOT GUILTY .
NEW COURT.—Wednesday, September 23rd, 1846.
Fifth Jury, before Mr. Common Serjeant.
GUILTY . Aged 50.— Transported for Seven Years.
MARY CLARK . I am the wife of Andrew Clark—we live at No. 10, Exeterplace, Chelsea. On the 5th of Aug. the female prisoner took my second-floor room in the morning, and in the evening brought the male prisoner, as her husband—they were with me till the 19th of Aug.—I went into the room on the 20th, and missed two sheets and a blanket—I did not see the woman after the 19th—I heard the man on the 20th, as he went along the passage—he asked me if I had seen his wife—I said I had not—this is one of my sheets—(looking at it)—it was on the bed in their room.
Keene. I saw you on the Thursday morning. Witness, I did not see you on Thursday.
CAROLINE SHEAD . On Thursday morning, the 20th of Aug., I met the two prisoners together between eleven and twelve o'clock—Keene asked me to buy a duplicate of a sheet—I gave her 3 1/2 d. for it—this is the sheet—it was pawned for 1s. 6d.
Keene. I asked you to lend me 6d., as I had had no breakfast; you wanted me to spend the money in gin. Witness. No, I did not, I never drink gin.
Hammond's Defence. I had nothing to do with any of it.
Keene. I know I took the sheet when I paid the rent.
HAMMOND— GUILTY . Aged 26.— Transported for Seven Years .
KEENE— GUILTY . (See the next case.)
PHOEBE GUERRIER . I am the wife of William Guerrier—I am a shirtmaker. On Friday, the 31st of July, Keene was at work where I was—on the 1st of Aug. I missed my gown and spencer, which had been left on a box at my lodgings—they were not where I was at work—this is my gown and spencer.
Keene. Q. Did you not call me up at six o'clock in the morning, and give me that gown? you sent me for it. A. I did not.
MARGARET KELLY . Mrs. Guerrier lodged at my house—the prisoners lodged there as man and wife—they left me on the first of Aug., and on that day Keene showed me this gown—Hammond was with her—Keene said she had altered the gown, and she was going to take it to Mrs. Guerrier—the prisoners robbed my lodging that afternoon—I saw them go away, and I Keene carried a bundle.
THOMAS ROBERTS. I am a pawnbroker—this gown and spencer were pawned by the two prisoners together.
Keene's Defence. I went to work, and told the prosecutrix I had got the gown—she gave it me—I was to make her one—there were several people in the room—the landlady packed it up in a newspaper for me.
HAMMOND— NOT GUILTY .
KEENE— GUILTY . Aged 40.
(The policeman stated there were six charges preferred against the prisoners before the Magistrate.)
MR. DOANE conducted the Prosecution.
GEORGE BURFORD . I am a linen—draper, and live at Stratford—I am a customer of Mr. Bassett's, of Wood-street. On the 15th of Nov. I was indebted to him 11l. 13s., which I paid to the prisoner that day, on account of his master—I have the prisoner's receipt for it—this is it.
JOHN SWINFORD BASSETT . I am a warehouseman, and live in Wood-street, The prisoner had been in my service between five and six years, first as a clerk and subsequently as a cashier—he was to receive various sums due from my customers, to enter them in the cash—book, and hand over the cash to myself—I have examined the cash-book carefully—there is no entry of 11l. 13s. paid by Mr. Burford on the 15th of Nov., and the prisoner never paid me that sum of money—here is no entry of 24l. received on the 1st of Jan. from Mr. Stevens—the prisoner never paid me that, or 1s. of it—on this day fortnight I told him, from the manner in which he was going on, he could not be acting honestly—I pressed it closely on him, and he said, "I am guilty."
Cross-examined by MR. ROBINSON. Q. Did you say he had better tell you? A. Nothing of the sort—I said, "From the manner you are going on you cannot be acting honestly"—he shut his eyes—I said, "You cannot look me in the face and deny it"—after repeating that once or twice, he said, "I am guilty"—that was all I said to him before he acknowledged it—I did not use the word "dare"—I have told you the very words I uttered—I have a ledger here, in which these sums are entered—he marked them paid off in
the ledger, but they are not in the cash—book, which is the book in which he accounted for the money to me—I have not a check on my clerks—the prisoner was entrusted with the whole of that department, from the high confidence I had in him—I very seldom refer to the ledger.
MR. DOANE. Q. Would this entry in the ledger preclude your suspecting anything was wrong in the cash-book? A. Precisely so—he never paid me these two sums.
JUR Y. Q. Is the entry in the ledger the prisoner's? A. Yes, but I know of so receipt but what is in the cash-book—I have never had a shilling of the money.
GUILTY . Aged 19.— Transported for Seven Years.
(There was another indictment against the prisoner; and Mr. Doane stated that the prosecutor had missed 800l.; that all the accounts had been made to balance in the ledger, but not entered in the cash-book.)
MARTIN O'HARA . I am a police-constable of the Great Western-railway, stationed at Paddington. On the 21st of Aug. I saw the prisoner loading his cart against the platform in the goods-shed, within the station—he was carman to Mr. Wright, of Smithfield, and came there for goods he was to receive—I saw him covering over something in the cart, and asked what he was concealing—he said, "Nothing"—I stepped into the cart, took the straw off, and found a bag containing this rope—I asked how he came by it—he said one of the porters gave it him—I asked him to point out the porter, and he pointed out Thomas Wright, a porter in the employ of the Company—I called Wright, and said, "How came you to give this man this rope, belonging to the Company?"—he said they were old pieces of junk and useless pieces, which he had collected for some time, and thought they were his perquisites—I knew very well there were no perquisites allowed for any servant—I detained the prisoner and Wright—Mr. Powell came up, and Wright said to him, "Mr. Powell, I hope you will forgive me, and allow me to take the bag out of the cart"—I then took the prisoner and Wright to the police-station—the prisoner there said he bought it at the rate of 5s. a cwt., and paid Wright half-a-crown for it—here are pieces of new rope of different lengths, and pieces of old—here are 70lbs. of it, worth 6s.
RICHARD POWELL . I am clerk in the goods department of the Great Western Railway. On Friday morning, the 21st. of Aug., I went to where the prisoner was—O'Hara pointed out to me a bag of rope—Wright said to me, "I hope you will allow me to take it down again, I did not mean anything wrong"—I said I should go and tell the superintendent—Wright said, "I hope you will forgive me this time, I never did anything of the kind before"—at the station Watkins said he bad given at the rate of 5s. a cwt. for it, and he had given half-a-crown—he said it weighed 2qrs. 20lbs.—it was afterwards weighed, and weighed about 70lbs.
cross-examined. Q. Wright had been for some time in the Company's employ. A. About nine months—he had been a sailor, and he had the job of splicing old ropes or replacing the ropes—he had not the care of the ropes—he ought to have given them up—he only had them for the time being—they must have gone through his hands—he had not to give out the rope to others to use—Giles kept the store of the rope, and had to give it out to Wright as he asked for it—no one had the rope to use but Wright—he was to use it for the Company's business—if any part of it became unfit for use it was his duty to return it to the store directly—he had no authority to keep
it—I have no recollection of having stated that he must have taken it at several times.
MICHAEL GILES . I am in the employ of the Railway Company at the Paddington station. It was the duty of Wright to attend to the rope—I looked at the ropes on the day when this discovery took place—I recognised part of it as some I had given to Wright the day before, to use for the crane—when he had any old or useless rope it was his duty to return it back to me to the store, to be placed under lock and key.
KELLY pleaded GUILTY . Aged 14.
SMITH pleaded GUILTY . Aged 20.
Confined Three Months .
COOK pleaded GUILTY . Aged 16.
CLARK pleaded GUILTY . Aged 16.
Confined Three Months
JAMES HAWKINS (police-constable G 191.) About nine o'clock on the 26th of Aug. I stopped the prisoner—I suspected he had property stolen—I found on him 36lbs. of lead—I asked where he got it—he said he worked at the gas-factory, and hoped I would look over it, that he had a wife and family—he did not tell me where he got it—I took him to the station—I found on him another piece of lead concealed under his waistcoat.
Cross-examined by MR. DOANE. Q. You do not speak to the lead? A. Yes I do—I use lead in the preparation of ammonia—other persons may do the same—I can tell this lead by the smell of it principally—I do not know it by any mark, but the prisoner admitted it—if I had not heard a story from the policeman I would not have sworn to the lead—I heard the statement made by the prisoner himself before the Magistrate.
SAMPSON DARKIN CAMPBELL (police-inspector.) This is Mr. Greenwood's signature to this deposition—(read, "The prisoner says, I picked it up in the gas yard, in Clark's-place, at the foot of the stairs.)
(The prisoner received a good character.)
GUILTY . Aged 31.—Recommended to mercy by the Jury.— Confined Two Months.
Sunday the 6th of Sept., I could not find the steamer—I sat down near the Tower and fell asleep about ten o'clock—I had a watch and a guard and a hat on—I had left London-bridge at twenty minutes past nine o'clock—I awoke about three o'clock in the morning, my watch and guard and hat were all gone—I gave information at the station—this is my watch and guard.
Cross-examined by MR. O'BRIEN. Q. Had you been drinking that evening? A. I had a few glasses—I had not been with any woman.
cross-examined. Q. Had you seen him before? A. No—I do not recollect what time of the day it was.
JAMBS EVES (police-sergeant, H 14.) I went after the prisoner—I asked him what he knew about the watch—he said he bought the duplicate of it of a sailor who had been adrift some days, and gave 7s. for it, and he had pawned it again.
cross-examined. Q. When did you take him? A. About six o'clock last Monday evening.
(The prisoner received a good character.)
GUILTY . Aged 37.— Confined Four Months.
MR. CLARKSON, on behalf of the prosecution, offered no evidence.
NOT GUILTY .
1815. HANNAH CROWLIN was indicted for stealing 1 pair of boots, value 2s. 6d., the goods of William Hartley; and MARY CROWLIN for feloniously receiving the same, well knowing them to have been stolen; to which
HANNAH CROWLIN pleaded GUILTY . Aged 13.— Confined Six Days.
WILLIAM HARTLEY . I keep a shoe shop in Bloomsbury-street. On the 27th of Aug., and about one o'clock in the day, Hannah Crowlin came to my shop and asked me to buy some pens—I said I did not want any—soon afterwards I missed a pair of boots, which I had seen safe an hour and a half before—I found them at the pawnbroker's—these are them.
Cross-examined by MR. PRENDERGAST. Q. Had your mistress bought any pens of her? A. Yes, half a hundred—she gave her some sweetmeats for them—she asked a shilling for them.
WILLIAM TOMLINSON (police-constable E 87.) I apprehended Mary Crowlin—I told her I wished her to go with me to Mr. Bealby the pawnbroker—she refused—I said if she did not I would take her into custody for pawning a pair of boots taken from Mr. Hartley's shop—she said she had not pawned them, and did not know where the pawnbroker's was—I took her there, and she was identified—she said, when she came out, that she forgot she had pawned two things there lately.
cross-examined. Q. I believe the next day she told the Magistrate the child had brought the boots home? A. Yes, and the child said she had received the boots for the pens.
MARY CROWLIN— NOT GUILTY .
1816. WILLIAM THOMAS was indicted for stealing 56lbs. weight of lead, value 7s., the goods of David Ivall, and fixed to a building:—2nd COUNT, not stating it to be fixed; and that he had been before convicted of felony.
GEORGE ABBOTT . I live at Paddington, in the service of Mr. David Ivall. There is a house at the bottom of the garden—I went there on the 21st of Aug. and the lead was gone from it—we took the lead there that was found at the station, and it fitted exactly in every place—it belonged to my master.
PHILIP STEVENS (police-constable S 200.) I saw the prisoner in Caroline-street on the 21st of Aug., at twenty minutes past nine o'clock, with a basket upon his head—I crossed over and stopped him—the basket contained the lead which I have here—I have fitted it to the premises—I am quite certain it came from there—he said he found it under a hedge.
JOHN HENRY PRICE . I produce a certificate of the prisoner's former conviction at this Court by the name of William Bowden—(read Convicted the 3rd of March, 1845, having been before convicted, and confined eight months.)—the prisoner is the person.
GUILTY . Aged 19.— Transported for Seven .
JOSIAH PEARCE . I am a ship-joiner, and live in Cotton-street, Poplar. I had a plane on board the ship Blenheim, where I was at work on the 8th of Aug.—I missed it—I saw it before the Magistrate—it was pawned at Mr. Dicker's shop, and be gave it to the officer.
Cross-examined by MR. CROUCH. Q. Were there a number of planes there of a similar description? A. I do not think there was one of this size on board—I did not see the prisoner using such planes—I believe he was employed as a labourer—I was working on board the Blenheim, and left the plane upon my bench—the prisoner was there on the Friday afternoon—that was the last time I had the plane.
JOHN DICKER . I am a pawnbroker. The prisoner came to pawn a plane with me—I stopped him, and sent for an officer—I gave the plane to the officer, Redding—it was the same that was identified by the prosecutor, at the police-office—it had the prosecutor's name upon it.
GUILTY . Aged 29.— Confined Three months.
MR. PARKELL conducted the Prosecution.
NATHAN JARVIS . I am a police-officer of the London and North Western Railway. I was at the railway last Saturday evening, at a quarter past nine o'clock—there is an express train comes in from Newmarket—I saw the prisoner with two others—one of his companions had a coat or cloak over his arm—they were walking up and down, as if waiting till some one came by the train—they staid till the train arrived—I saw the prisoner go and touch two or three ladies by their side—he touched Miss Lillywhite on the right hand side—he then walked away up the platform—I walked after him—he looked round to see if I was following him—his friend ran away, and he ran up the platform.
toward the Drummond-street gate, but he did not go out—he turned by an omnibus—I called out, "Stop the man with the white hat!"—I ran after him—he was stopped at the back of the first omnibus, and in front of the second—the conductor stopped him, with the constable Ings—I found upon him eight sovereigns, a twenty-franc piece, 18s., a 4d. piece, a halfpenny, and two rings—I received this purse from the bussman, Irbey—from the time I saw the prisoner near Miss Lillywhite till I took him I did not lose sight of him once—I am quite positive be is the person.
Cross-examined by MR. WILDE. Q. Did he make any observation? A. Not to me—I heard him say, as we were going to the officer that he was a gentleman—he did not say, in my hearing, that he was waiting for a friend—there is generally a great deal of bustling after luggage, and a hustling—I have not taken anybody for hustling—I saw the prisoner about nine o'clock, and the train came in at a quarter-past nine—there were 100 or 150 persons on the platform—the prisoner and his two companions were altogether round one carriage—after I supposed he had committed a wrongful act, he and one of his companions walked away, about ten yards, together—I do not know what became of the third man—I could not watch them all—I had no difficulty in watching the prisoner and the other man about ten yards, and then I watched the prisoner only, he had a white hat—they had been together as friends, about half a yard apart—there was no one else walking up the platform—that was when the train came in—they walked together ten yards after the lady had been jostled—then the prisoner's friend went amongst the cabs, and the prisoner went up the platform—I should not be able to swear to his friend—the third man I did not see move away from the mob—I had seen the prisoner in Oxford-street before at different times, walking up and down—I saw Irbey give the prisoner into custody of Timms—I saw Timms and Irbey with him—they both stopped the prisoner together at the pole of an omnibus—Irbey was trying to hold him with Timms at the pole of the omnibus.
MR. PARNELL. Q. Did you see the other man touch Miss Lillywhite? A. No—I did not lose sight of the prisoner from the time I saw him touch her.
WILLIAM IRBEY . I am driver of an omnibus. I had my omnibus at the Euston-square station on Saturday night—I was standing at my horses' heads—the prisoner came under the end of the pole—I stretched out my arms and caught him, and the policeman came up—I heard Jarvis call out, "Stop the man with the white hat"—no one else passed the head of my horses—I picked up this purse there, and gave it to the policeman.
cross-examined. Q. Then you had caught the prisoner when Timms came up? A. Yes—he came under the end of my pole without any hat—I had the prisoner secure, and gave him to Timms—there were a great many people about—there were not a great many passed by my omnibus, but on the further end of the platform—there were not a great many came and asked where I was going—I was not going out with that train.
HARRIET LILLYWHITE . I came up to town from Newcastle by the express train last Saturday evening—I arrived a little after nine o'clock—this purse is mine—I lost it that night—I discovered the loss about one minute after I got into the cab—I had not been anywhere to fetch the luggage—the luggage was on the top of the carriage—I stood by the side of it while it was taken down—I then got into the cab, and immediately after I discovered my loss—I had had this purse safe shortly before—when they collected the tickets I took it out—I put it back into my pocket immediately—my pocket was on my right side—I felt myself hustled while I was seeing the luggage down—I had no occasion at all to take my purse out from the time the tickets were collected till I
missed it—I bad a 5l. note and some silver in it—I have not the slightest doubt that this is my purse—it still contains the note and money.
cross-examined. Q. Where do you wear your pocket? A. On the right side, it is a pocket in my dress—I have never missed the pocket, and thought I had lost something, when it had slipped behind and fallen to the ground—it was not long from the tickets being collected till I was in the cab—we were not detained long in collecting tickets—I had not to search for my luggage—it was taken from the top of the carriage I came up in—I had not to pass through a crowd to get to the cab, only for a few minutes—a number of persons came by that train—I believe there were a great many people standing round about in all directions—I did not see the prisoner touch me—I do not remember that many persons came near me after I had my luggage—it might be about ten minutes from the time I took the ticket from my purse till I got to the cab.
MR. PARNELL. Q. The cab was brought in front of the carriage? A. Yes—I had not to go down the platform, but merely to cross it.
JAMES DEAR . I am foreman of the porters at the London and North Western Railway. Last Saturday night I saw the prosecutrix there—the prisoner was standing close alongside of her, sidling against her—there was a person with him—they sidled against her and touched her—she complained to me shortly after of the loss of her purse—immediately the prisoner and his companion had left her they said, "Jack" or "Tom."
cross-examined. Q. Did you see Irbey, the omnibus-man, there? A. No—I saw him at the office—I did not see him with the prisoner—I saw the prisoner after he was apprehended—there were a great number of persons on the platform when the train arrived and afterwards—there were a great number of people standing where I saw these persons standing, and jostling the lady—the place where the purse was picked up was in the highway, where people constantly pass to and fro—I saw a great many persons passing for the purpose of getting in cabs, and omnibuses there—I had not seen the prisoner before—I know nothing of the other man.
MR. PARNELL. Q. I believe if a cab is wanted the porters fetch it? A. Yes—people sometimes fetch them themselves.
WILLIAM TIMMS . I am a policeman of the London and North Western Railway. I took the prisoner in custody last Saturday night—he was in the cab drive—I took him myself—I did not see Irbey till after I had taken him—I was just at the bottom of his omnibus—the prisoner must have got out of Irbey's hands—he came from the platform when he came to the end of the omnibus—he was passing between two omnibuses, in the front of the horses' heads of one, and to the door of the other—he passed under the horses' heads in front of one of the omnibuses—his name was asked at the station—he refused to give it, or his address—he gave his name on the Monday.
cross-examined. Q. You had not seen Irbey till after you got the prisoner? A. No—I had seen him before that—I did not receive the prisoner from Irbey—I did not hear the prisoner say anything—he made no statement—I did not hear him say he came for the purpose of meeting a friend—he did not state he was a gentleman.
(John Murphy, a publican, of Charles-street, Walworth, gave the prisoner a good character.)
GUILTY . Aged 27.— Transported for Ten Yean.
GUILTY . Aged 18.— Confined Three Months .
Before Edward Bullock, Esq.
GUILTY . Aged 30.— Confined Six Months .
HENRY PULLINGER . I am in the service of Captain Brownrigg, of Great Cumberland-street. About four o'clock in the afternoon of the 30th of Aug. my wife came to the house with a small child's chaise—If left it in the area with two shawls in it—soon afterwards the bell rang—I opened the door and found Wilson standing outside in the area—he asked me for relief and said he was in distress—I told him I could not relieve him, and I shut the door—I went to the area again in about five minutes and missed one of the shawls—I got my hat and went in the street, and in a short time I saw the prisoner together—I stopped them and told them I thought they had got something which did not belong to them—each of them said, "I have not"—I said, "I think you have, I shall call a policeman"—in a short time Robinson said, "You have got me into a nice mess," and Wilson said, "Give the man the shawl, and let us go"—I said, "I shall do no such thing" Robinson gave me the shawl—it is mine and the one I missed.
Wilton. I picked it up in the footpath; the minute he came up we gave it him. Witness. No it was left in the child's chaise—he came down begging—the door could not be opened without the bell ringing.
GEORGE HAINBURY (police-constable D 12.) I took the prisoners—Wilson said he went down the area to ask for relief and could not get it, that he saw the shawl in the chaise and took it out, as he was hungry, and gave it to the woman.
WILSON— GUILTY .— Confined Three Months .
ROBINSON— NOT GUILTY .
OLD COURT.—Thursday, Sept. 24th 1846.
Fourth Jury, before Edward Bullock, Esq.
1822. GEORGE WOOD was indicted for stealing in the dwelling-house of James Pooley, at St. Matthew, Bethnal-green, 1 bag, value 1d. 6 sovereigns, 2 half-sovereigns, 14 shillings, 90 sixpences, and 3 groats; his property.
MR. CARTEEN conducted the Prosecution.
JOHANNA POOLEY . I am the wife of James Pooley who keeps the Iron Arms public-house, Cambridge-heath, in the parish of Bethnal-green. On Monday afternoon, the 24th of Aug., about half-past one, the pwsoner and another man came into the bar—the prisoner asked for a pint of half-and-half, and gave me a sovereign in payment—I took a bag of money out of the till, which is a drawer—I had counted the money in that bag at ten o'clock—there was then 8l. 10s. in it—I afterwards changed a sovereign for a person besides the one I changed for the prisoner, and put both into the bag—I laid the bag on the counter while I took the change out, then put it into the till, which I shut, but did not lock it—the prisoner and his companion then went to a room opposite the parlour, and stopped there about half-an-hour, they then came out, and the prisoner called for a pint of half-and-half, which he paid for, then went outside the house, and sat on a bench in front of the house—I left the bar afterwards, and went out to feed the ducks—they were then sitting
on the seat—the prisoner walked into the house, round to the. bar opposite to the till—I heard him strike a lucifer-match—I then went into the house, and as I went round to the bar I heard the till gently shut—the prisoner was then at the bar counter, opposite the till, not inside the bar—I immediately run into the bar and spoke to the prisoner—he turned very pale—I rushed to the till, and found the bag and money gone—the prisoner directly walked out into the street—I rushed to the tap-room door and called my husband, and told him two men had robbed me—he went in pursuit—I went to the door and saw the prisoner and his companion running—I saw the prisoner throw a bag over the bridge, about 100 yards from the house.
JAMES POOLEY . I am the husband of the last witness. On the 24th of Aug. she called me—I ran out and saw the prisoner and another man ruining away—I pursued, calling "Stop thief," and saw the prisoner throw a blue bag over the canal bridge—he was stopped by Tyson and Mayston—I came up and brought him back a few steps—he said, "Come, here is your money: if you are a father, you will let me go"—he put his hand in his pocket and produced the bag and money, which he gave me—it was the same bag as had been in the till—there was about 9l. 10s. in money, some loose, part in the bag and part out.
HENRY MAYSTON . I am a coal-merchant, and live in Brunswick—street, Hackney-road—I was in the crescent at Cambridge—heath, and heard Mr. I Pooley cry, "Stop thief!"—I saw the prisoner running—I pursued, and Tyson stopped him—he had his fist up, ready to strike Tyson when I got up—I saw some money on the ground, on the spot where he was stopped—he gave some money to Mr. Pooley, and said, "Here is your money: if you I are a father, you will let me go."
CORNELIUS DENNOND (police-constable.) I searched the prisoner and I found a half-sovereign and 9s. 6d. on him—he said the witnesses had no I occasion to go to Worship-street, that he took the bag and money and I had returned it to the owner.
MRS. POOLEY. This is our hag.
(Samuel Butler, a watch and water-gilder, gave the prisoner a good I character
GUILTY . Aged 23.—Recommended to mercy by the Prosecutor.— Transported for Seven Years
MR. PLATT conducted the Prosecution.
WILLIAM PIPKIN . I live in Vine-street. On the 28th of Aug. I was in the tap-room of the Vine public-house, near the bar—I saw the prisoner standing with her back to me near the bar, with something wrapped up in a rag in her hand—I was opening the door, and she turned round and said, "What did you pull my gown for?"—I turned round, and as soon as she could speak, she struck me with a knife, with both her hands—she had the knife in the rag—she gave me a wound on my wrist and on my elbow—that on my elbow bled—I was obliged to go to a surgeon—I had not spoken to her, or done anything to her—she was intoxicated a little.
Cross-examined by MR. ROBINSON. Q. The knife was in her hand, wrapped up in the rag? A. Yes—she did it almost immediately I came into
the place—I lifted up my arm to ward off her blow—I did not know her before—I had not touched her gown.
ELIZABETH GUTTERIDGE . I live in Vine-street—I saw the prosecutor and prisoner in the public-house—I was behind the prisoner and saw her strike him twice with the knife, which was wrapped up in her hand—I saw one corner of it—he had not said or done anything to her—the prosecutor bled—I went with the prisoner towards the station—she said the boys had been teasing her and pulling her dress.
Cross-examined. Q. She meant outside the house? A. Yes.
FRANCIS DALTON . I am a surgeon, and live in Leather-lane. On die 28th of Aug. I saw the prosecutor—he had two wounds on the right arm, one on the wrist and one higher up—they were superficial wounds, not of importance—the edge of this knife would inflict them.
Cross-examined. Q. Is not that a knife used in skin-dressing? A. I understand so—she had these two irons, which belong to it—I heard she had taken the knife out of pledge that day.
The prisoner received a good character.)
GUILTY of an Assault. Confined Three Months .
Before Mr. Baron Platt.
1824. The following prisoners were jointly indicted for an assault and riot, to which they pleaded GUILTY .
Confined Six Months .
Confined Four Months .
Confined Three Months .
(Several witnesses gave the prisoners good characters. They were also indicted for cutting and wounding William Ellis, with intent to murder, or do him grievous bodily harm, upon which Mr. Clarkson, on behalf of the Crown, withdrew from the prosecution.)
(No evidence was offered.)
NOT GUILTY .
Before Mr. Justice Maule.
MR. ATTORNEY-GENERAL, with MESSRS. CLARKSON and BODKIN,
conducted the Prosecution
buildings, Houndsditch. On the 2nd of Sept. I wrote a letter to my brother who was at Loughborough—I enclosed in it a printed card and a half-sovereign—I cut two pieces off the top of the card, and one off the side—both these pieces of card were inclosed in the letter—(looking at two pieces)—they were in one piece when I put them in—it is the same card—I found this third piece in the house afterwards—I addressed the letter to Mr. A. Ball, Leicester-road, Loughborough, Leicestershire, sealed it, and, about fire o'clock in the afternoon, gave it to the servant to take to the post, with 2d. to pay the postage—the half"sovereign was a new one, a bright one—I did not observe what year it was—the girl returned shortly afterwards, and brought back 1d.
Cross-examined by MR. BALLANTINE. Q. You have had portions of the letter shown to you since? A. Yes; not the whole of it, but nearly all—this is it—(looking at it)—here is my writing on both portions—I wrote "note-paper—here is part of the envelope which I addressed to my brother, and part of the paid-stamp on it—this word "happy" is my writing.
EMILY WALKER . I am in the service of Mr. Ball. On the 2nd of Sept, I received a letter and 2d. from him—I took it into the post-office at the grocer's shop, in Bishopsgate-street, after five o'clock—the postage was 1d.
ADAM SCOTT . I am a grocer, and keep the receiving—house in Bishopsgate. street—there is only one receiving-house in Bishopsgate-street—if a letter is posted with me after five o'clock, and before half-past, it would go to the General Post-office at half-past five—I stamp all paid letters at my office—I have examined these fragments of a letter, and can see my stamp here.
DANIEL DIXON . I am a clerk in the General Post-office—a dispatch leaves the Bishopsgate-street office at half-past five—on the 2nd of Sept., about 20 minutes to six o'clock, I received the half-past five dispatch from Bishopsgate. street—it was sealed in a bag—I opened it to take out the letters—I found the paid-letters bill—there were ninety-five paid-letters—they corresponded with the bill—I put my signature to it—they then would go to the paid-stamped office, to get the paid-stamp on them, and after that to be sorted.
EDWARD HART . I am clerk in the General Post-office. The prisoner was employed there as a General-post letter-carrier, and in the evening in the Inland office, to clear the letters away from the paid-stamped table, and carry the to a table to be sorted—he would have to do that from five to seven o'clock—the half-past five o'clock dispatch from Bishopsgate-street would come to the office where he was employed, and he would assist in carrying them to the sorting-table—they would be despatched by the mails at eight o'clock—this letter might come into the prisoner's hands—it would come to the table where he was employed with others—I have examined these fragments of a letter before, and can trace the Bishopsgate-street stamp, and also the paid-stamp made at the Inland-office—that does not indicate the date—the prisoner was on duty, for he was taken into custody at the office at seven o'clock that evening.
Cross-examined. Q. There were others employed at the same duty? five others—other persons in the office might get to the letters, certainly.
ROBERT TYRRRLL . I am a constable attached to the Post-office. On the 2nd of Sept., about ten minutes past six o'clock in the evening, I was placed to watch the water-closets—I could see who went into the water-closets with out being seen myself—I saw the prisoner go into one of the closets about seven o'clock—he put his things down, and sat on the seat—I saw him place his hands in front of his trowsers, inside—he kept moving them about, and I heard the crumpling of paper—some footsteps approached—he took his hands from the front, and placed them across his body-the footsteps ceased, and he put his hands in the same position as before—there are no doors to the
water-closet—it is not a thoroughfare, only a passage—he put his hands as before—he then drew his body back so that the corner of the water-closet screened the upper part of his body from my view, then brought his body for-wards, and I observed him chewing something—I then went round to the privy—he was then sitting on the seat—I seized both his hands, and said, "What have you got here?"—he struggled, got his left hand to the side, and threw something down the closet—I still kept hold of his right hand, and from it forced this piece of card which I have produced—he said, "I have got nothing"—I said, "No, you have thrown it down the closet"—I kept him on the seat, searched his right-hand trowser's-pocket, and found a purse containing two sovereigns—in his right hand waistcoat-pocket I found a half-sovereign loose—I also found a bag with 2s. in it, and some loose coppers in the other waistcoat-pocket—I sent for the plumber, who held the seat down, and I took the prisoner off the seat, and desired the plumber, in the prisoner's hearing, to search the closet, and take out all the papers—he did so—the seat is constructed so that on a party rising from it, the water flows down—I saw the plumber bring from the seat these fragments of a letter, and two pieces of card, which correspond with the piece I found in the prisoner's hand—I received this long strip of card from the prosecutor—it corresponds with the upper part which he cut off—these smaller pieces of a letter were found close together, as if they had been chewed, but I have since opened them—on putting all the pieces of card to-gether, it is nearly perfect—the plumber took his coat off, put his hand down into the soil, below the pan and the trap, and found the paper among it—this is a printed card.
Cross-examined. Q. Were the whole of these pieces produced at the police-court? A. Yes, the plumber found the whole of them in the prisoner's presence—I occasionally watch the water-closets—there are six water-closets—this was not the end one, it was the first of four—there are three beyond it—when the prisoner came in, the next seat to him was not occupied, but the others I cannot speak of—anybody passing to the water-closets beyond where the prisoner was would have an opportunity of seeing him—nobody could pass the end water-closet—I had been watching three quarters of an hour and had seen several persons in the water-closets—I did not take notice of the number—I bad not seen anybody at this particular one, that I recollect—it might have been so—I was not watching that one closet particularly—I should not think there were six or seven persons in that one—I do not think above six or eight came to the water-closets, and there are ax closets—I did not watch anybody besides the prisoner in the closet—the water flows into the closet on a person rising from the seat.
Cross-examined. Q. Did you use any blue ink in the letter? A. I think I did—this writing in blue ink is mine—I think I used both blue and black
WILLIAM BLACKBURN . I am a plumber, employed at the Post-office. On the evening of the 2nd of Sept., in consequence of a message, I went to the letter-carriers' water-closet, and saw Tyrrell, the prisoner, and Craddock, who was holding the seat down, as, when the seat rises, the water in the upper basin flows into the trap—his keeping it down would retain the water in the upper bason—the bason did not contain anything—it does not contain any water at all—I searched the trap, and found these fragments of paper, and two pieces of card, which I handed over to Tyrrell—there was no other paper in the trap—it contains about half a gallon of water—the paper was floating on the surface—in the ordinary course, unless the seat was pressed down, what was in the trap below would go away—it remains in the trap till
the water flows, but on the party rising, it flows into the drain—by keeping down the seat, whatever was in the trap must have been from the person last using it.
Cross-examined. Q. Were the whole of the fragments found in the same part? A. They were on the surface—it was necessary to wash them, and even now they retain marks of the soil—that is from my holding them—I was compelled to put my hand into the trap, and that marked them—they were altogether with the soil in the trap—they could have got into the trap before the prisoner left the seat, he need not have pushed them down, he could hare dropped them down—I mixed them with the soil, as I had to put my hand down among the soil—the soil was not dry—I took the closet to pieces before anything escaped—there was a fragment of paper in the trap, bat not writing-paper.
MR. ATTORNEY GENERAL. Q. There is no valve at all in the bason. A. No, anything dropped into the place would go into the trap—there is do bottom to the bason—it goes at once through a hole into the trap—a person might drop anything into the trap without sitting on the seat.
COURT to ROBERT TYRRBLL. Q. Is there always somebody watching the closets? A. No—I was placed there on this occasion—it is very rarely I am watching.
GUILTY . Aged 37.— Transported for Ten Yean ,
Before Mr. Baron Platt,
1827. ARCHIBALD M'NEIL was indicted for stealing, at Hammersmith, in the dwelling-house of Ann Riley, 2 gold bracelets, value 5l.; 7 gold seals, 5l.; 2 gold chains, 10l.; and 1 eye-glass, 1l,; her goods.—2nd COUNT, stating them to be the goods of Ann Church.
MR. DOANE conducted the Prosecution,
ANN CHURCH . I live in Pembroke-square, Kensington. I knew Ann Riley—last Easter she lived in the house of Mr. Kennedy, a surgeon, at Hammersmith—I was very intimate with her—I saw the prisoner there—he was assistant to Mr. Kennedy—Mrs. Riley had the first floor, and a room on the second floor—she died on Easter Sunday, the 12th of April—on the Wednesday preceding her death she handed me a parcel—I cannot say what was in it then—I had seen her put some articles of jewellery in it a few days before, but not the day she gave them me—I saw her putting them up on the Sunday before—I saw some rings, seals, and brooches—I did not sec the chain in the parcel—I saw some bracelets—I know the articles produced—they belonged to Mrs. Riley—on the Wednesday she handed me a larger packet than I had seen her make up on the Sunday—I placed it in the drawer of the glass on the dressing-table—Mrs. Riley died at a quarter before six in the morning—after her death I moved the packet from the glass drawer, and locked it in a chest-of-drawers in the same room—I went to the drawer, the middle of the day, Sunday—I do not know whether it was there then—I locked the drawer after me, but had left it open a considerable time on the Sunday, and also on the Monday—on the Tuesday, before twelve in the day I went to the drawer again, and then missed the parcel—I immediately made inquiry about it—I told Mr. Kennedy about it—I did not mention it to the prisoner—on the 31st of Aug. the prisoner called on me in Pembroke-square—Sergeant Mount was below in the house—I think the prisoner came before Mount—I had an interview with the prisoner—I think he said he wished to make some disclosure concerning the property, but he was so exceedingly ill I can scarcely say what he at first said—I do not think I can correctly repeat his words—it was to the effect that he could give me information about the property, I imagine this property—he wished to speak to me in a separate
room—I went into the drawing-room to speak to him—he became so alarmingly ill I was rather terrified, and called Mr. Taplin, at whose house I live—he and sergeant Monk came up together—I have looked at the jewellery, and know it to have been Mrs. Riley's property—I missed such property after her death—she had worn these chains a week before her death—I had seen the bracelets and gold seals on the Sunday before her death.
Cross-examined by MR. BALLANTINE. Q. During her illness was she attended by Mr. Kennedy? A. Yes, by him alone—he had the same opportunity of seeing the articles as I had—I have not seen him here to—day—I did not see him yesterday—he was taken up on a charge of committing the robbery—I did not give him into custody—the prisoner made a statement that Mr. Kennedy had given him the articles to pawn or dispose of—I never had any conversation with him on the subject—I heard the prisoner make a statement at the police-court, in Mr. Kennedy's hearing, imputing the theft to him—he said he had pawned them by direction of Mr. Kennedy, believing they were Mr. Kennedy's property—I did not hear him say, when he found they were not his he reproached him for it, and that they had a quarrel about it—nothing was said about their I being redeemed by the prisoner at Kennedy's request.
MR. DOANB. Q. Between Easter and the 31st of August had you mentioned anything in the house about the jewellery in the prisoner's presence? A. Yes—it was known in the house that property of that description was missing—the prisoner must have known it—I believe I made it known on the Tuesday that I had missed it—I communicated it to Mr. Kennedy on Tuesday, and to the servants, but not to the prisoner—for anything I know, nobody had communicated it to him on Tuesday.
HENRY MOUNT (police-sergeant.) On the 17th of Aug., from information I received from different pawnbrokers, I took the prisoner in charge—I took him before the Justice at Hammersmith—Mrs. Upham gave evidence that day, nobody else—the Magistrate, remanded him till the next day, the 18tb, and then admitted him to bail—in consequence of what he bad stated, by die direction of the Magistrate, I took Mr. Kennedy on the 17th, and took him before the Justice on the 18th—he was then charged with this offence—Miss Church, Mrs. Upham, and Mrs. Isles, and a nurse, gave evidence against him—the prisoner was present—he did not give evidence—he made a statement—both parties were remanded till the 24th—they were bailed, and both surrendered on that day—there was additional evidence given—they were remanded till the 26th, bailed again till the 4th of Sept.—on the 31st of Aug. I had been to town to make inquiry, and coming back I accidentally called at Miss Church's—I heard the prisoner was there—I afterwards went into a room, and saw him there—Miss Church said he wished to give information where the chains were—I then asked him where they were—he said, in a cupboard on the left hand side of the shop—I told him he must go and show me the place—he did so—I found them in the cupboard, in this parcel, two gold chains, seven seals, an eye—glass, and a small pin—there were no bracelets—they were in two different brown paper parcels, both in a parcel of sulphur, which was in brown paper—he said his former statement was correct—I took him to the station.
Cross-examined. Q. I believe from the beginning to the end, both in Kennedy's presence and in his absence, the prisoner said the articles were handed over to him by Kennedy? A. Certainly—he said so over and over again, in Kennedy's presence—when I took him into custody I went down for Kennedy—I did not myself hear Kennedy say, "I know all about it."
COURT. Q. Did the prisoner say from the beginning, what he did with the things? A. No, he said Kennedy had taken them, given them to himto pledge, and he returned him the money—he always insisted on that—while he was in custody Kennedy three times attempted to speak to him privately—I thought so, but he says he wished to speak to me—I would not allow it—he attempted it once on the stairs, once on the landing, and once down stairs—that was about three hours before Kennedy was taken into custody—it was all at one time, coming from the up stairs bed-room to the shop, on the 17th of Aug.
CHARLES CROSBIE . I am shopman to Miss Fleming, pawnbroker, Far-ringdon-street—on Easter-Monday, the 13th of April, this gold chain, four gold seals, four rings, and a brooch were pledged at my shop by the prisoner, for 5l.—on the Wednesday, two days after, they were redeemed by a female.
ELIZABETH UPHAM . I am the wife of William Upham, of Waterloo-street, Hammersmith—on the Wednesday after Easter-Sunday the prisoner asked roe to go somewhere for him—he gave me two tickets and seven sovereigns and a half—I went to the pawnbroker's in Farringdon-street at his request to get a large gold chain and other articles—I did not see anything else—they were wrapped up—I handed what I received from the pawnbroker to the prisoner—I afterwards went to Mr. Webb's, in High Holborn, and redeemed a small gold chain and a brooch at the prisoner's request.
GEORGE UPHAM . I am the son of the witness Upham—three days after Easter-Sunday the prisoner sent me to my mother—he said she was to come with me to Mr. Kennedy's, he wanted her to go somewhere if she was not particularly engaged—he told me to tell her to stop in the Broadway—I went to her—I went to the prisoner and told him. she was there—he told me to call her, and she came—I did not see him give her anything—I then went out of the shop.
Cross-examined. Q. Are you in Mr. Kennedy's service? A. Yes—I saw him at home this morning—he came here—I do not know whether he is here now—some time before the prisoner or Kennedy were in custody I beard a quarrel between them—the prisoner was at the desk, and Mr. Kennedy was between the parlour door and the glass-case—the prisoner said in a mumbling tone, "You had better return Mrs. Riley's chains"—Mr. Kennedy was just going into the parlour and could not hear it—it was not a quarrel, only Mr. Kennedy had found fault with something.
COURT. Q. Do you mean Mr. Kennedy could not hear it? A. I do not think he could—I was close behind the prisoner's back, rubbing the counter—the prisoner was facing the window—he turned round and looked out of the window when he said it—the desk faces the counter—anybody sitting at it looks into the shop—the prisoner was looking out of the window—in sitting at the desk you look into the shop over the counter—I was behind his back, because the part where I was rubbing was close to the desk—I was not a yard from him—he sat with his back to me—his back was not towards the things in the shop—he was facing the window—you can sit facing the window, and you can sit facing the parlour door—the desk does not turn round.
(MR. KENNEDY being called did not appear.)
NOT GUILTY .
Before Mr. Justice Maule.
1828. WILLIAM BRAY and REUBEN BRAY were indicted for feloniously cutting and wouding Charles Hussey upon his head, with intent to maim and disable him:—2nd COUNT, to do him some bodily harm:—3rd COUNT, to resist the lawful apprehension of William Bray.
MESSRS. BODKIN and CLARKE conducted the Prosecution,
HENRY PARDOE . I am a painter and glazier, and live at Bethnal-green On the 25th of Aug., a little after four o'clock in the morning, I was in bed—I was disturbed by a knocking and kicking at my door—I looked out of window and saw the prisoners knocking at the door—the wife of one of them was there—I did not know them before—I saw policeman Talbot, and told him to take them away—I did not see what they did upon that—I saw the policeman's hat fall off—William was very tipsy—I think they were all tipsy.
SAMUEL TALBOT . On the 25th of Aug., about half-past four o'clock, I was on duty near Bethnal-green, and saw the prisoners and a woman, the wife of one of them, in Manchester-street—William appeared very tipsy—he was able to walk—the others not so much, but all had been drinking—I saw him jostle his arm against a door—I then told Reuben, his brother, if he did not go home quietly I must take them to the station—I told the woman the same thing several times—I understand she is William's wife—they then went up to the next door, Pardoe's—William knocked with his hand at the knocker, and began kicking—Mr. Pardoe opened the window and desired me to take them in charge—I said, "Yes, and you come down to the station with me to complain against them"—he then put down the window—I took hold of William to take him away—he immediately raised his hand with hit fist clenched, and struck me a very violent blow on the eye, which knocked me back about two yards from him—I then put on my rattle to spring it—he raised his hand to strike me again and ran away—I ran after him some distance, springing my rattle—Hussey came up—I said, "This man has struck me"—he was then standing against a door—we both ran down towards him—he then ran out to strike us again with his hands clenched—when he came very near us I drew my staff, and as I ran in towards him he was going to strike me—he caught the staff and wrenched it out of my hand—I was about a yard from Hussey, who was going to take him—he struck Hussey upon the forehead—he first attempted to strike him with the staff—the blow knocked him down on the road—he got up in a short time—I did: not see anything happen to him while on the ground—I kept springing my rattle, but in a moment William Bray was on the ground, and Hussey over him—William had my staff—I went to get it out of his hand but could not—Reuben then came behind, collared me, and dragged me from him—no policeman came—I remained there five or ten minutes springing my rattle—I then ran off to the next beat to find the policeman—Hussey's face was covered with blood.
Cross-examined by MR. PARRY. Q. When you attempted to seize Bray was Mr. Pardoe present? A. He was looking out—I saw him in the street before the prisoner was arrested—he was not there when this happened—Mrs. Bray and a child were there when I first seized William—Reuben was standing about two yards from him—Hussey had not come up—I had not drawn my staff before I attempted to seize William—I drew my rattle—when Hussey came up I had my staff in my band—I was not in the act of striking him when he wrested it out of my hand—I had held it up in my hand to strike him if he struck me, as he was running in to strike me—Hussey was about half a yard behind me, coming on—we were running up towards him at the same time that he was running—when I sprung my rattle he ran away—I did not see Reuben try to drag Hussey off during the straggle—he
did not try once or twice to get him away—I have been a policeman nearly three months—Reuben was not so drunk as William—he was carrying the child when I first saw him—I never struck William—I saw Hussey attempt to strike him once after I sprung my rattle—seven or eight people were present—they took the prisoners to the station while I went for Mr. Pardoe.
MR. BODKIN. Q. Why have so many policemen? A. He kicked so that we were obliged to get them to tie his legs to get him to the station.
CHARLES HUSSEY (policeman.) On the 25th of Aug., a little after four o'clock in the morning, I was on duty in Bethnal-green—I heard a rattle springing, and went to White-street, which is near Manchester-street—I saw Talbot—in con-sequence of what he said, I went towards the prisoners—I took my staff out at I went along—just as I got near William, he came fast towards me, took the truncheon out of Talbot's hand, and knocked me down with it—I was quite insensible—when I recovered I found both the prisoners and the woman on me—the prisoners were knocking into me, but not the woman—Talbot wag twenty yards off, springing his rattle—I struggled with them, and got up—we had another struggle—William and I fell—Reuben came and pulled me off him, and I was down under him again—when William struck me I could see Reuben some yards off—we continued struggling some time—we had two or three struggles—the last time I was knocked down flat on the ground by William, and both prisoners came on me—Egerton then came up and secured the prisoners—I was then very weak and feint, and covered with blood—I was taken to Mr. Meeres, a surgeon—I was confined to my bed nearly a fortnight—I have not been on duty since.
Cross-examined. Q. Talbot was running towards William, and you running after him? A. Talbot was by my side—when I first saw William he was standing still—he did not run away—Talbot stood on one side of him, waiting for assistance to come up—I did not see the prisoners severely beaten—I did not strike them—they were very violent at the station—I am not aware that Reuben was trying to take his brother away.
SAMUEL EGERTON (policeman.) On the 25th of Aug. I heard a rattle springing, went to White-street, saw Hussey lying on the ground, on his back, with his face covered with blood; William on the top of him, and Reuben in the act of striking him—I caught hold of William, and pulled bio off—he got up—we had a tustle—in two or three minutes a constable came, and we secured him.
Cross-examined. Q. There was rather a severe struggle, was there not? A. Yes—I did not use my staff—I saw nobody do so—they were not very much beaten when they got to the station—Reuben was over his brother, striking Hussey—he was not endeavouring to take his brother away.
ANN JUPP . I am the wife of William Charles Jupp, of Manchester-street; Bethnal-green. On the morning of the 25th of Aug., my attention was called to a noise in the street—I went out, and saw the prisoners—William was runnning like a madman, or mad-drunk—he had taken off his jacket, thrown it on the ground, and picked it up again—I saw his wife on the ground, and Reuben with the child in his arms—I followed William—he ran towards White-street—there the policeman went round and met Talbot—Reuben ran after William—William seized the policeman, and they fell—I saw Hussey come up—William laid hold of him, and they fell, and Reuben on the top of them—one had drawn out his staff to pull one prisoner off the other—I turned back to call my husband—when I returned the policeman was standing up bleeding—I was not two doors from them when they fell—I saw the policeman and the prisoners fall together several times—while they were on the
ground, after several falls, I screamed out, and fook the staff from one of their hands, and said, "For God's sake, do not kill the man!"—Reuben said, "We will kill the b—s"—at that time they were all lying on the ground together—I believe they were drunk—William fell several times, and tore his shirt and his hair.
Cross-examined. Q. Reuben was rather endeavouring to get his brother away, was he not? A. Yes—William was on the top of Hussey, and Reuben trying to pull him away—he took the staff from him, and tried to persuade him to go home, and I rather think he gave the staff to the policeman—they were both mad drunk—Reuben was capable of carrying the child—he left it with the woman, and ran towards his brother.
MR. CLARKE. Q. When Hussey was on the ground in White-street was Reuben holding the child? A. No, he had given it up before he followed his brother—the first time I saw Hussey on the ground Reuben was attempting to pull his brother away.
MR. PARRY. Q. Was William running from or towards the policeman? A. I think he was running towards home, but he fell into the arms of the policeman—he ran from Manchester-street, along Sale-street, to the corner of White-street—he met the two policemen in White-street.
THOMAS MEERES . I am a surgeon, and live in Brick—lane, Spitalfields. On the morning of the 25th of Aug., Hussey was brought to me—I found a deep contused wound on the top of his head—he was very faint and low from loss of blood—the skin was cut through—he bled a good deal—he was suffering for a week afterwards—he had severe constitutional symptoms—he is now free from danger—he is still ill, and has not returned to duty—he is under my care still—he kept his bed nearly a fortnight—the wound might have been inflicted with a policeman's truncheon.
(The prisoners received good characters.)
WILLIAM BRAY— GUILTY of an Assault. Aged 28.— Confined Five Months.
REUBEN BRAY— NOT GUILTY .
(Evidence of the assault was given as on the former trial.)
GUILTY . Aged 20.— Confined Three Months.
Before Mr. Justice Maule.
1830. HENRY JAMES HYDE was indicted for forging an order for payment of 36l. 10s. 6d., with intent to defraud Abel Smith and others: also an order for payment of 32l. 12s. 6d. with intent to defraud Abel Smith and others; to both which he pleaded
GUILTY . Aged 17.— Transported for Seven Years.
Before Mr. Baron Platt.
MR. BALLANTINE conducted the Prosecution,
ROBERT SMITH . I am porter at the Eastern Counties Railway. On the 21st of Aug. I was employed at the station at Witham, in Essex, and put. two bundles of sacks into a truck, to be forwarded to Bishop's-Stortford—they would come to London first, as Bishop's-Stortford is on the Cambridge line—they were nearly new sacks.
JOHN HUDSON SPARKS . I am porter, in the employ of the Eastern Counties Railway Company. On the 20th of Aug., between six and seven o'clock, in the evening, I was on duty at the luggage—warehouse, Brick—lane station, and saw a bundle of new sacks tied up lying on the Colchester side of the platform—I was ordered to watch the property there—I saw the prisoner, who was porter there, go to the bundle, and draw out one sack, fold it up, and place it behind some old boards four or five yards off—he returned and drew another sack out, rolled it up in the same manner, and put it behind the boards which concealed them—he then went to his work—I gave information, and watched till I left work, between six and seven—I saw nothing more done to them—I left Clare there.
Cross-examined by MR. DOANE. Q., How far were you from him? A. Two or three yards—there were eight or nine people down at the other end of the platform.
COURT. Q. Could he see you? A. Yes, he turned round, and laughed at me, when he drew the first out, but he did not know I was there to watch—I was trucking the goods away from the scale.
JOHN CLARE . I am gate-keeper at the goods station of the railway—Sparls gave me information—I went to the platform, and saw two new sacks behind some boards, rolled up—I left them there, and went to my gate, which the prisoner must pass to come out—about twenty minutes past three in morning, the prisoner came on duty—he had no business on the platform till eight in the morning—he should go to Shoreditch station at this time—he returned in a minute or two with a new sack rolled up under his arm—I am what he had there—he said, "Only a sack"—(I had seen him go to the platform where I had seen the sacks)—I asked him for it, he gave it me—I told him it was the very thing I had been watching all night, and was very sorry to we him with it—he said I might let him go to his work, it would be no harm—he said he wanted the sack to carry fish with—I have carried fish myself—we use the old coke sacks for that—I never heard of new sacks being used for that purpose—he had no right to take sacks from bundles at the goods station—he might as well take a bundle of silk—they were there as goods in our custody as carriers, to be delivered to a person—they are not used for any purpose—we use sacks belonging to the company—these were about half a mile from the fish place, and there were plenty of sacks there—I detained him.
Cross-examined. Q. Was it not his duty to come to you? A. Yes, to report himself on duty before he went to work at Shoreditch—he would have to carry fish in the morning—they make a sort of hood of sacks to prevent the wet getting on their necks—an old sack answers the purpose—coke—sacks are dirty—they are about as thick again as this—new sacks are generally too stiff—when I carried fish I found the sacks where they generally lay—tie men help themselves to sacks at the fish place.
COURT. Q. Where do they get their sacks? A. They are thrown into the corner of the yard after the coke is emptied.
MR. DOANE. Q. How long had the prisoner carried fish? A. About a week—I knew he left Pickford's to come to us—he was there about five" years with me, and bore a good character—the sack was under his arm, not folded to go on his head—it was his duty to come to me at three in morning, and report himself, but not to go on the platform.
MR. BALLANTINE. Q. Should you use such a sack as that to carry fish A. No, it is too good.
COURT. Q. What time does the fish carrying begin? A. From half-past three to four o'clock—when the train comes in they should be at the Shore ditch station to meet it.
WILLIAM PARKER . I am manager at; the goods department in Brick-lane—I saw the bundle of sacks the morning after the robbery—they were tied up as sacks always are for transit, and could not be mistaken for anything but transit—the people are not allowed to take anything from that platform—there are always coke sacks at the fish-place at Shoreditch, half a mile from where these sacks are—the coke sacks are tarred, which makes them water-proof—the water would run through these sacks in carrying fish.
Cross-examined. Q. Did he say he was going to use it to carry fish? A. Yes, immediately.
NOT GUILTY .
NEW COURT.—Thursday, Sept. 24th, 1846.
Sixth Jury, before Mr. Recorder.
1832. HENRY ALLEN was indicted for stealing 6 shirts, value 1l. 10s.;8 caps, 10s.; 4 habit-shirts, 4s.; 2 collars, 1s.; 1 frock, 1s. 6d. 1 cape, 1s.; 1 shirt-front, 1s. 6d.; and 1 towel, 1s.; the goods of Jesse Jane Munns.
JESSE JANE MUNNS . I'am a widow, and live in Harrod—street, Brunswick—square. I met the prisoner at the corner of Well—street on Wednesday, the 12th of Aug.—he took a lodging of me—I am laundress at the Sailors Home—I showed the prisoner the bed-room—he said he was hungry, and he ate a hearty supper—he left me the next day, without paying for the room—I afterwards missed a bundle of linen—I saw him on the Friday in Neptune-street—he was then better dressed than he had been before—I said, "You have got your clothes"—he said, "No; I met a friend of the name of Taylor—he was afterwards taken, and I found this one shirt, which has a private mark—it is one I lost with the rest of the bundle of linen.
Prisoner. If you had known the mark, you would not have examined die shirt all over; there is no mark on it you can swear to; when I met you in Neptune-street; you said, "Oh, Sir! have you got these things from Chatham? I said, "No; I fell in with a friend last night, who supplied me with money, and I bought these trowsers; I was coming to your house when the policeman took me."
Witness. Yes, you said you met a man of the name of Taylor—I have different marks for different people's linen—when this shirt was found on you it vas wet—it belonged to Capt. Follett—here is the mark on it.
BICHAED THORP (police-constable H 155.) I met the prisoner at the bottom of Ship-alley, Wellclose-square, at two o'clock in the morning, on the 19th of Aug.—I asked him if he belonged to the Sailors' Home—he said,"No"—he said he wanted a lodging—I pointed to a public—house, and said, you can get a lodging there for 1s.; you will not get one under"—he said, "I have not got any money; I lost my friend at the west end of the town" I said. "You will have to pad it"—he asked if I knew if there was a person of the nane of Munns lived about there—I said, "Yes, in Harrodalley; but I don't know whether she takes lodgers"—another officer came up at that time—the prisoner had a small bundle tied in a white handkerchief—I asked what was in it—he said he was no thief, and I had no authority to see it—I took him to Munns, and found in it this shirt, which Mrs. Munns identified private nark in the skirt of it—the prisoner said he was at the west end of the town, that a gentleman went into a shop in Pall—mall, and bought a new shirt, and gave him this shirt—this shirt had not been ironed or got up—it appeared as if it had been sprinkled and folded up.
Prisoner, I asked for this woman's house, and said I had formerly lodged there. A. You did not say anything about lodging there.
Prisoner. I called at the prosecutrix's house on the Friday; her daughter was at home; I asked if her mother was in; she said, "No"—I said I would call again; I left the house, and if I had taken these things I must have had a large bundle, and the daughter must have seen it; I saw Mrs. Munns at the Neptune; I was intending to lodge there till I got in the steamer—she said she could not lodge me, she had three or four men who had engaged the house for the night; I slept at Mr. Rogers' on the Friday, Saturday, and Sunday; I went to the west end of the town with Mr. Leith; be gave me this shirt, this new cap, which I have, and these shoes; this shirt was new; he desired me to get it washed, and I did; he appointed me to meet him in Granby-street; this shirt he bought in Waterloo-road; I have written, but I have not heard from James Leith; he is a sea-faring man, and a wild young fellow; he appointed to meet me in Granby-street, but he did not keep his appointment; it was late; I went to Mr. Rogers, but could not get in—I met the policeman; I asked after Munns, and said I had lodged there, and I had no doubt I should get a lodging there.
JESSE JANE MUNNS re-examined. Q. Was it on Wednesday the prisoner came to you? A. Yes—on Thursday I missed the bundles of linen—there were some shirts lying under the bundle—it was not till the Saturday that I counted the shirts, and there were six of them missing—this is one of those that I missed—I have not the smallest doubt that this is one of the shirts I lost—it was under the bundle of linen—it belonged to Captain Follett—I have no more doubt of it than that I stand here—all the property was worth about 3l. 10s.
Prisoner. There never was a captain's shirt yet but what had the mark of one letter of his name; if she had known the mark she would have known where to find it, and she began at the collar and looked all down it
COURT to JESSE JANE MUNNS. Q. Whose mark is this on it? A. My own—some shirts we mark with two streaks, some with the letters of the alphabet, and some with the person's name, that I am going to wash for—the home work I do with worsted—all Captain Follett's work and his lady's I mark with three streaks—we put on every one different marks, that the linen may not be mistaken.
GUILTY . Aged 27.— Confined Nine Months.
GUILTY . Aged 32.— Confined Nine Months.
GUILTY . Aged 17.—Recommended to mercy. Confined One Veek.
SARAH WELCH . I am the wife of William Welch. We live in Tyler-street, Regent-street—the prisoner was in our employ as a mak carrier for about a month—she never accounted to me for this 1s. 9d. or 1s. 6d. received of Mr. Buckley or Mr. Marks—she was authorized to receive money, and was to hand it over to me.
Prisoner. I came for my wages, and she asked me to have something to drink; I said, "No," and I went away; she said she would send my wages by the other woman, and when I went for them she said she would not give me my wages till I went back and finished my week.
Witness. On the Saturday she wanted some money, and I advanced her 6s.,—she bad 9s. a week, and if she bad come on the Monday and waited till I had taken her account, I should have paid her 3s. more.
JESSALINA COOPER . I am servant to Mr. Buckley, of New Bond-street. On the 4th of Aug. I paid the prisoner 1s. 9d. on Mr. Buckley's account, for her master—on the 12th of Aug. I paid her 1s. 9d. more—I did not take any memorandum or receipt—she was in the habit of bringing a book, but she did not then.
Prisoner. My mistress's daughter received it of me the first time, and my mistress the second time; I was with her a fortnight before she booked my milk, my master being ill.
SARAH WELCH re-examined. No, there was no time that I declined booking the milk—she was to account to me after she had done her work in the evening, from six to seven o'clock—I am sure she did not account to me for these sums—my daughter is not here.
JOHN STANLEY (police-constable D 48.) I took the prisoner—I told her I wanted her for Mrs. Welch's money—she said she had nothing to do with her, that she owed her some money—she resisted me very much—I was forced to call assistance.
Prisoner. I said my mistress owed me more than I owed her; I had my baby in my arms; I said I would not go till I got my shawl and bonnet.
SARAH WELCH re-examined. She never applied for her wages—I sent word that if she came to me I would settle with her—I never saw her from the morning she absconded, which was on the 17th of Aug.—she was apprehended on the 4th of Sept.
NOT GUILTY .
RICHARD COMPTON (police-constable D 87.) I was on duty at Paddington-green on the morning of the 28th of Aug.—I saw the prisoner go through the churchyard—she turned to the left and went to a corner, where this pewter-pot was, in a gallon can—she stooped and pretended to pick up something—she took the pot and put it in her basket, and was coming away—I took her—she said she did not mean to steal it—when I got her to the station she said she only had three months for it the last time.
GEORGE BANKS . I am a waiter, in the employ of Mr. George Gilbert, of the Duke of York public-house, in North Wharf-road. This pot is my master's—it is one he had in new on the Saturday, and the prisoner was taken with it on the Tuesday morning—this was a gallon can—there had been a night job there—the men came for some beer between twelve and one o'clock, and left the can and pot there for me to fetch in the morning—I went—the can was there and the pot gone.
Prisoner's Defence. I took it to get a drop of water; the policeman took
me, and told me he had been looking for me every morning; I had had not put it in my basket; I told him I was going to get a drink of water.
JAMES M'BBE (police'Constable D 176.) I produce the certificate of the prisoner's former conviction at Clerkenwell—(read," Convicted 18th Nov.1845, and confined three months")—the prisoner is the person.
GUILTY . Aged 41.— Confined Six Months.
1837. WILLIAM CURTIS was indicted for stealing 1 watch, value. 101l. guard-chain, 3l.; 1 watch—chain, 1l.; and 2 watch-keys, 1l.; the goods of Henry Hetley; and ISABELLA GOULD and WILLIAM STILES for feloniously receiving the same, well knowing them to have been stolen.
MR. PAYNB conducted the Prosecution,.
HENRY HETLEY . I live in Soho—square—I am a glass-merchant. On the afternoon of the 27th of Aug. I went to the Holborn-baths, between two and three o'clock—I went into one of the dressing-boxes for the purpose of going into the water—it is a plunging-bath—I placed my watch in the pocket of my trowsers, folded my trowsers up, and put them on the seat of the dressing-box—it was a gold English-made lever watch, with a gold curb chain and a smaller chain, with two small brequet keys—I cannot say positively whether I fastened the door of the dressing-box or no—I got into the bath, and remained there I should say under ten minutes—when I got into the box again I found my trowsers had been displaced from the seat, and pulled down on the floor—I felt for my watch, and that and the chains were gone—I gave information to Mr. Kenworthy of the loss I had sustained—I have seen a watch produced by Mr. Keyeser, and I have no doubt it is mine—I have had it two or three years.
LOUIS KEYSER . I am a watchmaker, and live in Tottenham-court-road. On the afternoon of the 28th of Aug., about two o'clock, the prisoner Stiles came to my shop with this gold watch, one gold chain, and two keys to sell" he asked 7l. for them—I told him it was only worth about 6l. in the traded I wished to know where he resided—he said at No. 1, Stanhope-street and he referred me to Mr. Cole in: Rathbone-place, which is close to me, and to his cousin, who lived in Oxford-street—I then wished my boy to go down to where the prisoner said he"Lodged—I told the boy-to ask if he was a good character—the boy returned—I then told the prisoner that my man, in examining the watch, found it had had a fall, that one of the wheels was broken and it was only worth 5l. 10s.—he took that and went away—the policeman came round with an account of the brequet and two keys, I thought this might be the watch that had been been lost, and I gave information.
Cross-examined by MR. LOCKE. Q. You sent your shop boy to ascertain the truth of Stiles' statement, as to where he lived? A. Yes—it turned out that he did live there—the policeman has since found out that his other statments were true, as to his being apprentice to Mr. Cole—I know he has cousin in Oxford-street, a respectable tradesman—the whole of Stiles' statement was true.
RICHARD SAYERS . I live with my brother, who is a pawnbroker is Drury-lane. On Thursday, the 27th of Aug., Stiles came to my brother shop between six and seven o'clock in the evening—he brought a gold curb chain—he first offered it in pawn, and then he asked if I would buy it—it was the usual length of a chain, but the swivel of it was gone—I have not got it here—we have sold it—I asked whose it was—he said his own—I asked how he came by it, and where the other portion of it was—he said he bought it,
and the other part of it was at home—he gave the name of William Stiles, No. 1, Stanhope-street, Clare-market—I bought it for 1l. 6s., and sold it a week afterwards for 30s.
Cross-examined. Q. Did you send to where he said he lived? A. No—I have before said that be stated he bought it—I have made no inquiry about him.
JAMES MILSTSAD (police-constable E 20.) On the 4th of Sept. I took Stiles into custody at No. 15, Oxford—street—I told him I was come to take him on suspicion of stealing a gold watch and appendages at the Holborn Baths, the property of Mr. Hetley, of Soho-square—he said he had sold a watch and chain and two keys to Mr. Keyzer, but was not aware that they were stolen—that they were given him by a woman at the Red Lion public-house in Great Wild-street, Drury-lane—he gave me a description of the woman—he said he had sold a guard—chain to Mr. Sayers, a pawnbroker in Drury-lane, and he got that from the same woman—I took him to the Holborn Baths—he gave me a description of the female, and in consequence of that I went to No. 3, Barley-court, on Saturday morning the 5th of Sept.—I found the prisoner Curtis there, in bed with Gould and another female—I told Curtis and Gould I had come to apprehend them on suspicion of being concerned in the robbery of A gold watch at Holborn Baths—they said they knew nothing about it—I took them to the station, and Stiles, whom I had taken the night before, was brought out—he said, in the presence of Gould, that it was her who gave him the property—Gould was close to him and heard him, but she made no answer—I asked Stiles if Curtis was the man who was with Gould when she gave him the property at the Red Lion—Stiles said he was not certain—Curtis said he knew nothing about it.
Cross-examined. Q. Where was it you took Stiles? A. At Mr. Spencer's, No. 15, Oxford—street—I believe he is Stiles's cousin—I saw Mr. Spencer, and I inquired for Stiles—he said he was up stairs—I went up and saw him—he at once told me all I have related, that he received the watch and chain from a female in Great Wild-street—the Red Lion is a public—house where there are singing clubs and concerts—people meet and pass the evening there—I am not aware whether the concert had commenced—I had not been in the habit of going to Great Wild-street to those dances and concerts.
HORACE KENWORTHY . I am in the service of Mr. Hedgman, the proprietor of the Holborn Baths—I was on duty on the 27th of Aug.—the prosecutor complained to me of the loss of his watch—Curtis was in the service of the proprietor of the baths, as an engine—driver—the prosecutor pointed out to me the box from which the watch had been taken—it is not more than three yards from the engine—house where Curtis would be—a person in the engine—house would have an opportunity of getting into that box in a short time—I gave direction that Curtis should be watched—he left his work that day earlier than his time, and escaped through a trap—door, in a clandestine manner, about five o'clock—that would take him through a private door to Queen—street—he returned to his employ the next morning—nothing was said about the loss of the watch then—on the 4th of Sept. Stiles was brought to the baths by the officer—Mr. Spencer, a relative, who accompanied him, wished him to meet the charge—he told me he received the watch from a woman with whom he was acquainted, at a house in Great Wild-street, and that he received the chain and he sold that to Mr. Sayers, the evening the robbery was committed, for 26s., that the chain had been given to him separately, and the next day he received the watch, that the woman told him her husband was at work as an. engineer, that he had found the watch and chain in a drain, and there would be no inquiry about it as it was all right—he said he fully believed the statement,
and sold the chain to Mr. Sayers, and the watch to Mr. Keyzer—he gave an accurate description of the woman—he stated the money for which the chain and watch had been sold, and I understood him to say he received a sovereign out of it.
Cross-examined. Q. Was it not that she offered him a sovereign, and he refused to take it? A. Some mention was made about a sovereign—I will not swear to what it was—I cannot charge my memory with it—he gave his information very freely indeed—I had previously heard that the house in Great Wild-street was a house very much frequented by disreputable characters, and as Curtis was in the habit of going there it created a suspicion that he was the person who took this watch—I believe they have concerts and other things there.
Curtis. Q. Why did you suspect me more than the other man? A. From a previous act of dishonesty, and your associates.
JOHN SMITH . I live in Blenheim-street—I am employed at the Holbom Baths—I heard on the 27th of Aug., about half-past three o'clock, of the loss of this watch, and was directed to watch Curtis—I watched him from that time to the moment he escaped—I then had occasion to go for a moment to get my jacket, and he had escaped through the trap-door—that was on the same afternoon as the prosecutor lost his watch—from the trap-door Curtis could get to the private baths, and from there to Queen-street—I know could—I believe she is Curtis's woman—I have seen them together—Curtis left half-anhour sooner than his time that afternoon.
Curtis. Q. Have you not been through that trap frequently yourself? A. Yes—I never went through to get beer—I have had occasion to go that way because my stuff is there—it is not a regular thoroughfare—the master's orders are that no one shall go out there—you went away and left your jacket.
JAMES MILSTEAD re-examined. I believe this is Mr. Jardine's writing to these depositions? I was present when the statements the prisoners I made were taken down and read over to them—(read—Curtis says, "'I found the watch behind a two inch leaden pipe, which conveys cold water from the engine-house to the cold bath—it was put there quite tight, and that is how the glass got broken—I picked it out when I went in to try the heat of the water—I saw it shining down there in the dark—it appeared to have been put there by some one in a hurry—I had to pull the pipe out to get the watch out—I took it to the engine-house—that was twenty minutes to three o'clock in the afternoon—I left the engine-house at five o'clock through the trap-door into Queen-street, which was the way for the workmen to go out when they went to get beer'—Gould says, 'I know nothing about it'—Stiles says, 'Curtis says that he found the watch, and gave her to understand he round it as described—I wish to know how I was to know to the contrary, as I received it from her.'")
Curtis. What I stated is correct; these other two are perfectly innocent. (Mr. Hedgman, the proprietor of the baths, gave Curtis a good character.)
CURTIS— GUILTY . Aged 19.— Transported for Seven Years.
GOULD— NOT GUILTY .
STILES— NOT GUILTY .
OLD COURT.—Friday, September the 25th, 1846.
First Jury, before Edward Bullock, Esq.
GUILTY . Aged 14.— Confined Six Months.
GUILTY . Aged 21.—(See the next case.)
WILLIAM HENRY HATTERSLEY . I am a cab—proprietor, and live in the Horseferry-road, Westminster. On the 8th of Sept. I lost a mare and harness—I saw them again the next day, at Deptford—I Identified the mare—I cannot identify the harness myself.
JOHN CRUTCH . I live at Blackheath. On the 8th of Sept., at ten o'clock in the morning, the prisoner came to me, and said he had a horse for sale—I went to see it—I asked him if he had been used to the mare—he said he had driven it in a cab, and that his uncle, John Johnson, authorized him to sell it—I bought it, and gave 5s. deposit to the publican—I was to give 4l. for it, but said I should like to see the owner before I bought it—he said the owner lived at No. 5, Tooley-street—I went there, and could find no such person—I came back—he said, "Well, have you seen him?"—I said, "No, you have made a fool of me"—he said he would go with me himself—he went with me to the same place, but could find nobody, and I gave him into custody.
JAMBS RAPSEY (policeman.) On the 8th of Sept., in consequence of information, I took the prisoner in charge, and told him he was charged with stealing a horse—he said, "That is quite right; I took' it from the Horse-ferry-road; I saw it there, jumped on it, and ran away with it"—I found the mare and harness at Blackheath.
GEORGE HUMPHREYS . I am a horse-keeper to Mr. Hattersley. I know the mare and this harness—they were safe in his stable on the 7th of Sept.—the stables were bolted, but not locked—the mare was tied up.
Prisoner's Defence. I was put on the mare by somebody; I was intoxi-cated and do not know how I came by it.
GUILTY . Aged 21.— Transported for Seven Years.
HENRY FIGGINS . I am a shoemaker, and live in Feather's-court, Drurylane—the prisoner lived with me for eighteen months or more. On Sunday morning, the 30th of Aug., about half-past twelve o'clock, I returned home, and saw the prisoner at the street door—I was not sober—we had some words in play, and the prisoner began to be very spiteful—he laid hold of me suddenly, and threw me down in the court—we were not at play then—I struck him, got up again, and stood at the door—he went down to the bottom of the court into Drury-lane—I went up stairs to bed—he followed me up five or ten minutes after—we had another scuffle up stairs in the room, and both fell—he began biting and scratching me—I then struck him several times with my open hand—I was going to turn him down stairs, but did not—I then found I was stabbed in my hand—he was going down stairs—I said, "You vagabond,
you have stabbed me!"—I called to the landlord, who came up and stopped him—there was a long wound across my little finger—I was also stabbed in the breast and side—my hand was all over blood—the breast of my shirt was all over blood—I went to the hospital.
Prisoner. Q. What cause did I give you for striking me? A. I do not recollect striking you—I do not recollect saying I did not want a light—I was more drunk than you were—I do not recollect striking you before you threw me down—I struck you after we fell, but whether I struck you before; I cannot say—I got a light before he knocked me down.
WILLIAM PORTER . I live in Drury-lane—the prosecutor and prisoner both lodged at my house. About half-past twelve o'clock on Sunday morning I heard the prosecutor go up stairs—the prisoner was not there—he went up more than five minutes afterwards—I heard a noise in the bed-room, I went up to see what it was, and met the prisoner coming down—Figgins called to me to stop him, for he had stabbed him—I stopped him, and took him back into the room—Figgins was bleeding—he had five cuts on the body, and two on the finger—I sent him to the hospital, and gave the prisoner in charge—I had seen them both before they came into the house—they had both been drinking.
WILLIAM PETERKIN (policeman.) I was called—I went to the room, and found a knife in a chair—it was bloody—the prisoner had been drinking—I cannot say he was drunk—as I took him to the station he said it served him b—y good right, and if he had had fire-arms he would have shot him dead—he repeated the same words several times at the station, and told the inspector on duty if he had given him the same provocation he would have served him the same, and it served him b—good right if he should die.
Prisoner. Q. Where did I say so? A. In White Hart-street—I am positive you said so—there were three shoemakers' seats in the room, and knives about.
HENRY STEVENS . I am surgeon at King's College-hospital. The proseutor came there about half-past one o'clock—he had five punctured wounds on the chest, and two slight wounds on the hand—none of them were dangerous.
Prisoner's Defence. When I went up, the prosecutor said he was going to get a light; I said I wanted no light; I was going to bed; he used bad language; I said I did not want to quarrel with him; he got off his seat and knocked me down; he struck me after I was down; I was getting out of the door; he made another attack on me and said he would throw me down stairs; I had great difficulty to prevent him, he being a more powerful man than me; I am a cripple; it was a mean advantage to take of me to strike me while I was down; he was about to make a third attack on me; I seized the first thing that came to hand, to prevent further mischief; what I did was to defend myself; I was much injured myself.
GUILTY . Aged 28.— Confined Eighteen Months.
Before Mr. Justice Maule.
MR. ATTORNEY-GENERAL with MESSRS. BODKIN and BALLANTINB conducted the Prosecution.
On the 18th of July, just after this accident occurred, I was at the station, and noticed a gentleman lying on the platform, and part of a broken passenger-carriage lying on him—he sighed very much after we took him from under it—he did not speak to us—I assisted in removing the carriage from him, and in carrying him away on to the bank-side—some other person carried him from the bank into the waiting-room—I saw George Bush there—I believe he afterwards went home with him.
GEORGE BUSH . I am a ported in the employ of the Eastern Counties Railway. On the day of this accident I saw a gentleman raised from the platform, after the broken carriage bad been taken from off him—I afterwards accompanied him home—he turned out to be a Mr. William Hind, residing at Victoria Villas, Dalston.
Cross-examined by MR. CHAMBERS. Q. Are you porter at the Shoreditch station? A. No, at Stratford—there are several there besides myself—there are more now than there were at one time—three or four additional porters have been put on since this accident—some were put on the next day—I cannot exactly say how many, because I was not on day duty—I was there next evening, when the day porters were gone off—I had no knowledge of the prisoner before the accident—I do not recollect his being a "fitter" at the Stratford station—there are so many that I cannot say I know half of them—there was a station-master when the accident occurred—he acted as clerk also—there was a signal-man there named Green—when we were busy he also helped at loading and unloading trucks—he occasionally acted as porter and also as a signal-man—besides that he had to attend to the points—I do not know that he did any other duty besides that—the business of the porters, besides unloading, is to shift the trucks that come up to the station or to run them into the sheds, to get them out of the way when trains are approacing—his duty was to be signal-man to be point-man, to be a porter in unloading, and to be a porter in shifting the carriages—that was only occasionally—since the accident there an additional signal-man; and an additional signal-master has been there, occasionally, but not constantly—we have a little boy there about eighteen years old, to run messages and do whatever he is bid—the signal-post, where, the accident was, has not since been shifted, but there has been another signal-post placed on the other side of the road, and higher up the line, so that you may see it more towards Ilford—I cannot say how many yards it is below the old one—I never took any notice of it—it nearly opposite, so that it may be seen from a greater distance—I have been a porter there seven or eight months—it is my duty to work one signal of a night—I am not porter and signal-man of a night—I was so—my duty was just to attend the mail-train as it comes up in the morning, and to attend to the signal—there is one luggage, train stops there in the night, and that only occasionally—I keep the line clear—the signal-master attends occasionally during the night, but not always—he has been there—I cannot tell whether he was there accidentally—there is only one man as signal-master and clerk—it was his duty to be there in the night the same as in the day—there are two signal-masters now—he was, out both day and night if he chose to come—the signal-master for the day may be signal-master for the night if he choses to come—when I first came, eight months before the accident there was me to attend the signals and the porter, just the same as before the accident, and extra men to assist when we wanted them, but not regular porters—we did not send to Shoreditch for them—they know the place and are used to the work—we could always get them—some time before the accident the head porter used to act as head porter, and he acted in the office as clerk, and then Mr. Richardson took to mind the
signals and out-door work—I recollect the time when Richardson was station master, and there was a clerk there also—there is one there at present—he was there before the accident and at the time of it—only one luggage-train stops during the night; there are only two pass, two up and two down, the mail train down and up, and there may be special trains—I am paid extra for extra duties—I am not signal-master—I am signal-man—I now have a man to assist me—I always had one if I wanted him—I let him know before he went to bed if I wanted him in the night—if anything sudden occurred of course I must rouse him up myself when there was only myself—I did not attend as porter during the day at the time of the accident—I have since—I am quite satisfied with my salary.
FRANCIS TOULMIN . I am a surgeon, practising at Hackney. On the 18th of July I was called in to the deceased, William Hind—he was suffering very severely from injuries apparently inflicted by violence of some kind—there were no external appearances to account for the state of suffering he was in—there were external bruises and one wound on the leg—he died on Friday morning the 24th—I made a post mortem examination, accompanied by Mr. Bransby Cooper—I found the liver in a very bad state—there was some slight ulceration of the liver—I have heard the details of this accident—the appearances I found inside his body would be accounted for by the violence he then received, and those appearances would perfectly account for his death.
BRANSBY COOPER, ESQ . I was called in to see Mr. Hind on the Monday following—I found him in a perfectly hopeless state—I attended the examination, after death, by Mr. Toulmin, and agree with him in the death being occasioned by external violence.
BENJAMIN RICHARDSON . I am station-master at the Stratford station of the Eastern Counties Railway. On the 18th of July, I was in attendant there—I have been seven years in the company's service—I remember the arrival of the Ipswich up passenger train that day—according to our regulation that train would have become due at Stratford at four minutes to four o'clock in the afternoon—it arrived as near as I am able to state at nine or ten minutes past four, but I am not able to state positively—I think it was near about ten or twelve minutes late—it consisted of ten or eleven carriages—the hinder one a second class passenger carriage—the time for it to stay in our station depends on whether we have many passengers and luggage to get out—sometimes a minute, sometimes not so long, sometimes two minutes—they were in the act of taking in water at the time of the accident—I should think it had not been there a minute when I looked down the line to rear of the train and saw the engine and trucks coming in between the signal and the passenger train—I saw them come towards me after they passed the signal—at that time the signal was down as it is now on this model—it was painted like this—(looking at it)—that indicates that the line is clear, and when there is anything to stop it you drop it—when it is placed in an intermediate state the train should approach cautiously for 100 yards past the signal—unless an indication is then given by a man there that the line is clear, and then they may come up as far as the station—it indicates that caution is necessary, and that being done they must stop instantly—when I saw the train approaching the signal was down—I did not see it down before the truck-train arrived—it had been down not long before the passenger-train arrived—as near as I can say the train was approaching at the rate of ten, eleven, or twelve miles an hour, but I am not competent to say the exact speed—I did not see whether the steam was escaping—I ran up by the side of the engine of the passenger-train as fast as I could, calling out to the driver, "Go
on, go on," in order that he might get on the move, and that concussion might not be so great, but that was found impracticable, and the engine with the trucks came on the hinder part of the passenger-train—a great deal of mischief was done, many persons were injured, Mr. Hind among the number—to the best of my knowledge I have known the prisoner about three years, or longer perhaps—I cannot say to a certainty—I have seen him coming from the yard and on an engine as driver.
Cross-examined by MR. CLARKSON. Q. Have you been at Stratford all the seven years you have been in the employment? A. No, during six years—the number of persons stationed there has been reduced, I cannot say precisely when—I think there was a reduction of a man or two about two years ago, but I cannot exactly be positive—I believe one of the men was the clerk, and I believe a porter as well—I am not aware that there has been any reduction since that time—we have had an increase since that, a few months before the accident, and I have always been at liberty to employ an extra hand—I believe the prisoner has been engaged by the company something more than a twelvemonth, but cannot be positive—he drove Mr. Jacksoa's goods-train—that was not on the Cambridge line, but on the Colchester—I cannot say how many times he has driven—I do not know that he has driven only twice before this—I believe he was engaged as an engine-fitter, but I have nothing to do with him—I can see he is a one-eyed man—the regular signal-man was not at his station at the time the passenger-train from Ipswich came up, but a lad, or I may say a man, eighteen years of age, had been appointed by me to attend to the signal in his place—the signal-man was engaged in some other matter, and I sent the lad Unwin to attend to the signal—a few minutes previous to the passenger-train arriving I saw him sitting on the handle which works the signal, with his back the country way, and his face looking towards London—his back was to the country where the train was coming from—I directly requested him to torn his face, and pay proper attention to the signal—I should say that was four or five minutes before the train came up—I will not undertake to swear that positively, but think I might safely—as near as I can say, the train was ten or twelve minutes late—I do not think it was a quarter of an hour—I might have sent the boy to the signal-station about a quarter of an hour or twenty minutes before—I will swear it was five minutes before—I will not say it was more than five minutes—I must have sent him to the signal-post before the train was due, or else he would not have been there, because when I came out to look for the Ipswich passenger-train I saw him there—that might have been after the train was due.
COURT. Q. When did you send him there A. A few minutes before—I had appointed him to go to the signal to attend to it—then I went into my own office again, came out again to look at the cattle which were being unloaded on the opposite side, and saw Unwin sitting on the handle windlass, and cautioned him to pay proper attention to it.
MR. CLARKSON. Q. You appointed him at that moment, did not you? A. Not at the moment of the train's arrival—it might hare been ten minutes or a quarter of an hoar before the train arrived—I will swear it was ten minutes before—it must decidedly have been before the train was due—it was due at four minutes to four o'clock, and, as for as I am able to say, it came at eight or ten minutes past four—I believe I told the boy to go to the signal-post before four o'clock, but cannot speak positively to that—I had sent the signal-man from the signals to the cattle-train which had come in a few minutes before, his strength being more able to do it than the lad's—sometimes there are twenty bands there, when three or four are not sufficient, on account of the bustle at the station—I cannot say that I sent Unwin to the
signal before four o'clock—I am sure I told him to mind the signal—it was then down, because we had got an obstruction on the line near the junction—the engine had been going across towards the junction—there was coal carrying, and so on.
COURT. Q. If the signal was down there was nothing for him to do if he had seen the train coming? A. He would have raised one fan to let it pass to come up to the station.
MR. CLARKSON. Q. The prisoner was driving this truck-train, was it his duty to stop at this station at all, or was he to go on to the junction? A. If he was going to London it was his duty to come cautiously by there—I am not aware whether he had any instructions to stop at the Stratford station or not—I do not know that he had not—we have books with rules and regulations in them—I cannot say that the prisoner had one—I do not know whether there is a signal at the Forest-gate station—that station is somewhere about a mile from the Stratford station—I have my duty to attend to at my own station—when I told the passenger train to go on, the engine-man was standing taking in water—he did not stir that I saw, till he was knocked off—the steam was blowing off, and I do not believe he could hear me shouting—there were several other carriages damaged besides the one in question, but the one next the engine was completely knocked to splinters—it had been put on I think at Romford—it was an extra one—I was not aware that there was a truck train coming up, or that one was expected—it has been the custom if an extra train was coming from Colchester to hang on a red board—I saw none on this occasion—I do not know whether there has been one extra man or two at the Stratford station since the accident, but I think only one—there is a new station signal—that has been put up on the opposite side of the line—there are two now, but the one is not worked—a new one is substituted for the old one on the opposite side of the line—I believe you can see the new one thirty or forty yards farther than the old one—between the signal and the Forest-gate station there are two bridges, and a sharpish curve from the signal till you get through the first bridge—it is a heavyish bend—I do not know who set the prisoner to drive that day—I merely know Quinlan by seeing him once or twice—he was sent with the prisoner on this occasion as stoker—the trains pass under the two bridges—to a certain degree they would obstruct the sight—the signal is not seen so far, on account of the curve—it was part of Quinlan's duty to look out as well as the man that drives the engine—I never knew him act as stoker before—I believe he it Employed in the shops among the engines, on such work as they might please to put him—that is as far as I know—I do not know that it is the practice on railways when a young hand is put on an engine to take care that he has a competent fireman or stoker—I have no practice at the engines—I should think that was necessary—there was no guard that I am aware of with this truck train—it is the general course to have a guard to the train whether a passenger or truck train—I cannot tell whether the "Firefly has a reverse action—it is more usual in a goods train to have a break at the end of the train as well as at the engine—I cannot tell whether the break behind acts twice as powerfully as the break in front—I am not a practical man—I have trusted myself on an engine on this line, and I hope I shall again—there is no policeman at the Stratford station—we occasionally have a man to show the hand signal—we have the same man to show that that attends to the other signal—that is Green—he was attending to the cattle train—we do not use the hand signal when the regular signal is put out—it is useless, because one signal is sufficient if it can be seen, but in the absence of that if a man cannot get to use that signal, or on any part of the line, where he could not see
it, he would use his hands—it is not usual on this line to exhibit a hand-signal in addition to the other—I do not think it is necessary—one signal of that kind is sufficient—that signal had been out of order, but I cannot tell how lately before I put the boy on it—it might have been a week—I cannot tell whether it was four days or two—I know it was in working order when this occurred.
MR. BODKIN. Q. At the time you went to the boy did you notice the signal? A. It was down as this is now, I cannot say that I saw an alteration made by the boy before the passenger-train arrived—the obstruction on the line which caused it to be down, was, I believe, an engine crossing from the Blackwall coal line, and there might have been some trucks on the main line near the junction—it was of a temporary nature, it was on the London side of the station—we in general, as soon as we see the passenger-train coming, if there is an obstruction above the station, merely use one fan to caution them to approach slowly—there was nothing at this time to prevent the passenger-train coming to the station, but only to show that it was necessary to come slowly, the fan should be dropped directly the last carriage has passed the signal-post—when I looked in that direction, and saw the engine and carriages coming, I am certain it was down—the custom of putting a red board at the end of a train to indicate that a special train is coming, applies to a special train only—we call a train that is going on special business a special train—you may say these empty trucks are within the meaning of that rule, it was an extra train—if there had been a red board at the end of this passenger-train from Ipswich I could not have done more than I did by dropping the signal—no person in my place could have done more than was done.
EDWARD UNWIN . I am eighteen years old. On the day of the accident at Stratford I was in the service of the Eastern Counties Railway Company. On that afternoon I had directions from Mr. Richardson, in consequence of which I went down the line to the windlas, and dropped the signal—that was because a passenger-train from Ipswich had arrived—Mr. Richardson did not come up and speak to me while I was at the windlas—as soon as I saw the passenger-train I pulled up one fan, and on the one fan being pulled up the passenger-train passed up to the station—after it had passed I lowered down the other fan, and let the whole fan down immediately after the last carriage had passed the signal—that was before the passenger-train had actually stopped—I noticed an engine come up about a minute afterwards—I had let down the fan before I saw that engine—that engine ran, into the passenger-train—I had not time to see whether it slackened at all while I was noticing it.
Cross-examined by MR. PAERY. Q. Do you remember the exact time the passenger-train arrived that day? A. About five minutes past four as nearly as I can tell—Mr. Richardson sent me to the signal about five minutes before it arrived, whenever that was—I was not the only person on the platform at the time it arrived—Mr. Richardson was there—he came out of the office, I was coming out of the office at the same time—at the time he sent me to the signal there was no person at the station, or any one to look out for the passenger-train except me, when it arrived I pulled up one fan—I did not go to the station and lock the door before I let it down again—I remained at the signal all the time—after the train had passed, and I had let the signal down, I went back to the office—I have been in the service of the Company two years—I run of errands—I get 10s. a week—I do not know the wages of a signal-master—among my errands I have been to Forest-gate station—I do not know whether there was any signal there at this time—it is a new station—it
is just erected—I do not know that there was no signal there—I had never been there then—I never saw one there—I have not been there since the new station has been built.
GEORGE BURFORD . I am out of business—I have been a draper—I live at Stratford—I am quite unconnected with the Eastern Counties Railway—I know Maryland-point bridge, it is the second bridge down from the Stratford station. On the day of the accident, about five minutes past four o'clock, I was crossing that bridge, and could see the signal at the Stratford station quite plainly—I mean the signal on the down side that stops the passenger-trains there—when I first saw it, it was quite down as this model is now—I heard a passenger-train coming up, I waited about a minute, and there was one fan pulled up—the train passed the signal-post, and immediately the fan was let down again.
Cross-examined by MR. CHAMBERS. Q. Can you tell whether the passenger-train did go slowly under it? A. Very slowly—there were eleven carriages I think, it occupied nearly the whole length of the platform, I should think, when it got to the station—I was not at the platform at the time, but could see it perfectly well—I could not see it when it arrived at the station, not even from the top—I could not see the last carriage—I just watched it out of sight—it did not occupy the eighth of a minute in passing under the signal—it was going very slowly—it had not stopped before it came to the signal—I should say it was going at the rate of about three or four miles an hour—the lower fan had been raised about two minutes before the train came up—it might have been up about two minutes and a quarter—I do not know what time the train ought to have come in—I travel much by the Eastern Counties Railway—their punctuality is not be complained of, so far as I ascertained—being a quarter of an hour after the time would be very unusual, so far as I have been connected with it—I have never been by it when it was a quarter of an hour behind—it is not very often ten minutes behind time at the Stratford station—I think it would be a thing quite out of the common way—it is not usually late—it is impossible to help it—it would be extremely unusual to find it there ten minutes after its time—they only take in water there when they want it—it is not an extraordinary thing to require water within five miles of their destination, even if the engine is in good order—it is usual, I believe—water is more plentiful at Stratford.
MR. ATTORNEY-GENERAL. Q. Is it usual, or is it not? A. I have told you they took in water when they wanted it—it is common, so far as I know, but they do not always.
MR. CHAMBERS. Q. Is it not very unusual to do it? A. No—I can tell by the signals when the train ought to stop, and when it ought not—I did not get that knowledge from a book, but by practice—I have seen a round red board behind a train—I cannot say what that means—I have heard since, but I did not know it at the time—I do not know that the station clerk, when he sees a red board at the back of a train passing, must have a flag out and go forward, and caution the train coming on—I have not seen it done—I cannot say if it has been done since this accident: the company's servants can tell—I cannot tell whether they have hung the red boards carefully since the accident, when an extra train is approaching, because I do not know anything about it—when there has been no signal I have seen a man advance much before the signal-post, with a flag in his hand, to stop the approaching train—I have never seen it where there was a signal-post—I have been at Brighton, and have seen the signals there—I have not seen a man advance a hundred yards before the signal-post, waving his flag.
GEORGE BLATCHFORD . I am a guard in the employ of the Eastern Counties Railway Company. On the 18th July, I was guard of the one o'clock train coming up from Ipswich—the time at London was ten minutes after four, and at Stratford fifty-six minutes past three—we left Ipswich at one o'clock—we got to Romford at forty-six minutes past three, that was thirty-four minutes after the time—while we were there, I saw an engine on the down line—the prisoner was on it—I do not know that he could well avoid seeing my train go up, because we nearly touched—we passed him there, and left him behind us—our next stoppage was at Ilford—we got there at fifty-seven minutes past three—we gained two minutes between Romford and Ilford—we are allowed nine minutes in doing that space—we did it in ten—we left there at fifty-eight minutes past three—we did not stop again till we got to Stratford—before getting there was a signal made—that signal denotes danger when all the fans are down—we must not approach it then—when we passed it, three fans were down—that indicated that we were to approach cautiously, to take great care—we did so—we always prepare for that signal at Stratford, particularly on Saturday, because of there being so much cattle there unloading—I suppose that was known to the persons employed about the Stratford station—having arrived at the station, we stopped, and were taking in water—the engineer takes in water there when he requires it—sometimes we take in water there, and sometimes not—after we had been there about two minutes, there was a collision—the prisoner was driving the engine that came into the hinder carriages—I knew his person, but not his name—the collision was principally with the last carriage which had been put on at Brentwood—that is the station beyond Romford, eighteen miles from London—there were a great many passengers at Brentwood—the stoppage to put on the carriage occasioned some delay there.
Cross-examined by MR. CLARKSON. Q. But you are very generally a quarter of an hour late, are you not? A. No, I may say that being ten minutes or a quarter of an hour late would be an extraordinary occurrence—I never saw the prisoner driving but this once, but I have seen him on the engine at the station, and always considered him as the driver—I never knew Quinlan act as fireman—I cannot say whether there is a signal at Forest Gate station—I did not see any—I do not know whether I should have seen it if there had been one, because the wind blew very hard at the time—there might have been—we should have been cautious if there had been a signal by the driver—I should have known if there had been danger—the part near the Stratford station is about the best part of the road—I do not see that it is a more difficult part than any other—I should not say so, if I was to give my opinion of it.
MR. ATTORN BY-GENERAL. Q. You say it is not your place to see the signals, does the engine-man give you a signal? A. If he sees a signal he whistles three times, as a caution to us—it is his duty to look for it, and we then immediately apply ourselves to our breaks.
MR. CLARKSON. Q. Does a break at the end of a train answer much more powerfully than one at the beginning? A. It does—I should say one break behind is as good as two in the front.
JOHN CHESTER CRAVEN . I am one of the foremen of the locomotive department at Stratford—there are two—the prisoner was in the employment of the company at that station—I cannot say how long he has been there—I had been there two months before the accident—he was there the whole of that time—I found him there—during that time I have known him drive an engine, I should say, seven or eight times on that line for the Eastern Counties Company—on the 18th of July we had got a disabled engine, No, 10—I
gave instructions to Nicholson, the foreman under me, that that engine should be taken to Romford by the "Fire-fly"—I gave orders for Clare to drive it—Nicholson was to go with him and take a fireman with him—there is an engine-house at Romford where they do the general repairs—the "Firefly" was in pretty good order—she was a pilot-engine, but not so as to keep time with passenger-trains—she had sufficient power, but she did not keep time, because her valves were not perfect—they wanted increasing—the break was good—I believe I sent a person named Quinlan as fireman—to the best of my recollection the engine No. 10, and the "Fire-fly," started about a quarter past twelve o'clock—I did not see them go away.
Cross-examined by MR. CLARKSON. Q. Is there a notice in your shed that no engine-fitter shall drive an engine? A. Yes—I knew that the prisoner was only an odd man—I knew he was hired as an engine-fitter—he was an engine-driver occasionally—I came there from the Manchester and Leeds Railway—I did not give directions to these men, only to Nicholson—the notice stuck up in the shed that no engine-fitter is to drive an engine did not apply to Clare—when he drove he was paid extra—I do not know what he was paid—I have nothing to do with the payments—I knew it from the time of going in—Mr. Kitson, the clerk, makes the payments—Clare had been over this part of the line where this signal stands, between Ilford and Stratford, twice in my time—the time of the accident was the third time—Quinlan is assistant fitter and occasional fireman—I believe he has been a fireman on the Birmingham line—he acted as fireman once during the time I was on the Eastern Counties line—he went to Cambridge with the goods—it was broad daylight, and we were short of men—one of the firemen did not come at the time appointed—I did not know that Quinlan was dismissed from the Birmingham line because he was not fit to act as fireman—I did not send a fireman with the prisoner—I ordered him to be sent—I did not know Quinlan had gone—I expected a competent fireman would be sent—we call them firemen and fitters—Quinlan's wages were 3s. a day, and paid for over time—a fireman's wages are 3s. 6d. a day—when the firemen are learning they get no more than 3s—I have known a learning man sent as fireman with a man who has been out as engine driver only twice before, but not on our line—we have plenty of fitters and labourers about—we do not clap on a labourer to drive when pressed for men—this man had acted as fireman about a month before—no one was killed then—we are particular who we send out—labourers are much about the engines—I cannot say who drove when Quinlan was fireman—I think I sent him—I should not like to swear I did, but he did go I know one night to Cambridge with the goods train—they make firemen from labourers on all railways—it is part of a fireman's duty to look out for signals—it is not part of his duty to assist in reversing the engine—the engineman can do that himself—it is his duty to assist him if he requires it—it is his duty to use the break, to attend to the fire, and to watch the signals—I know Quinlan had been sent out once as fireman—I cannot say I saw him—he works on both lines—I did not see him act as fireman—I was gone off duty that night—the "Firefly" is bow repairing—she was not condemned to be broken to pieces—she was never condemned—the valves did not beat well, what we call true—they did not pull so well as they would if set correctly—they did not allow air or steam to escape—the machinery was good—the reversing apparatus was not out of order, and had not been, to my knowledge—I should be competent to form an opinion on the condition of an engine—it was not out of order in all its valves—two were out of order—it has a great many valves—there aw two valves for working the cylinders, a safety valve, and about six values
for working the pumps—three valves affect the engine—I will say that two of those were out of order—it did not affect the engine—I do not think that having a one-eyed man, a fitter, for a driver, and a labouring man for a fireman, was a dangerous experiment for what she was sent on—she was sent when there were no trains running there, and there was plenty of time—we had Clare to do the proper work—I was keeping him to work trains—he had been sent out before.
MR. ATTORNEY-GENERAL. Q. You say three valves would affect the working of the engine? A. It would only affect the power of it a little—it would not affect the stopping at all—she would not run so fast, being out of order—Quinlan was taken up on this charge—they examined him at Ilford—I believe Clare lived at Stratford—he had occasion to go over the Angel-lane, bridge—that is between the station and the signal—from that bridge you can see the station on one side and the signal on the other—he would have to go over that bridge twice or three times a day, at breakfast and dinner-time and when going home at night.
MR. CHAMBERS. Q. Did you ever see his house at Stratford? A. No, but I have seen him going that way—I believe he lived at Stratford.
----BROWN. I live at Tottenham, and was formerly in connection with Mr. Jackson, a contractor—from 1843 to 1845 we contracted for the conveyance of goods along this line from Shoreditch to Bishops-Stortford and Hertford—I know the prisoner very well—he was employed by us in 1844 as a fitter for about six months, and subsequently to that he became one of our engine-drivers, and continued so until the contract ceased in Nov., 1845—he was employed daily as engine-driver about nine months along the whole line from Shoreditch to Bishops-Stortford—I very often travelled with him on the engine—I always considered him a careful person—he appeared quite competent to do all he had to perform, and to understand the signals in every respect—I have taken notice of the signals on the line, and that he regularly obeyed them—I never knew the prisoner to disobey them.
Cross-examined by MR. CHAMBERS. Q. I believe he was a very careful, cautious man? A. Extremely so—I bad every reason to approve of his conduct—I have trusted my own life under his control in the management of the engine, and should not have the slightest objection to do so again—I have been connected with engines about nine years, but not exactly in the locomotive department—I consider it absolutely necessary for an engine-man to have a competent fireman with him—I have travelled on the engine when passing stations—it is a general regulation that a passenger-train should wait until the station-master says, "You may go," but in a goods-train the guard gives the directions—I never went by a train without a guard—the guard has a break usually at the back of a goods-train—there are generally two guards—we took a competent fireman and two guards—it is not absolutely necessary to have two guards—there must be one—the guard works the back break—he attends to the various signals which are communicated to the engineer, the whistle and everything which are distinctly understood between them—I am of opinion that no party should ride on the engine but the engine-man and the driver—I did so myself because I was interested in it, but none beside the locomotive people and the proprietors can do so—five persons are too many to be allowed by the station-master or the engine-man to ride on the engine with the engine-man—the Stratford station is some distance from London—driving on the Cambridge line would give a man no knowledge of that curve coming into Stratford from Colchester—he would not travel over that part, coming into Stratford from Colchester—he would not travel over that part, but the signals are the same—I was never on the Colchester line but once, and then no further than Romford—since our contract ceased, I believe the
prisoner was employed by Mr. Jackson to drive his ballast-engine on the Cambridge Junction.
MR. BODKIN. Q. With whom does it rest to take persons on the engine, the engine-driver? A. The engine-driver can refuse if he pleases—we consider the engine-man is subject to a fine if he allows any person to ride on his engine, except those duly authorised by the general superintendent—I think taking an extra person would be an act of impropriety on his part.
JOHN PINNOCK . I am the ticket-taker at the Chelmsford station—that is on the Colchester line—I know Clare—I have seen him three or four different times on an engine at the Chelmsford station—the engine brought trucks then—as far as I could observe, he seemed to understand the management of the engine—there are the same signals as that all the way down.
Cross-examined by MR. CLARKSON. Q. You are in the service of this company? A. Yes—I was not before the Magistrate or Coroner—I know nothing about an engine myself—everything was right when I saw him—I took it for granted he knew everything about an engine—the first time I saw him was early in April, 1845—the last time was in the same month in the same year—I have seen him drive three or four different times—I will not swear I have seen him drive but twice—at the time I saw him he had a fireman with him—there was also a man travelling with the train—there was one break at the back of the train—I do not know whether a break behind acts more powerfully than one before.
HEWIT ROLLS . I am in the Union Company—I was formally head potter at Chelmsford—I know Clare—I have seen him driving the ballast engines on that line several times—I cannot think of the times exactly—I have worked the signals for him—he understood and obeyed them—I have put what is called the danger signal down against him—he has then stopped, which was right—this is the danger signal—(pointing to the model.)
Cross-examined by MR. CLARKSON. Q. Have you seen him drive more than twice in your life? A. I have, several times—the first time I saw him drive was in May, 1845—the last time was in the same month in the same year—I cannot say bow many times I have seen him drive, but it is more than twice—the Eastern Union line is a branch of the Eastern Countries line—he was in the service of the Eastern Counties Company—I have seen him driving an engine.
THOMAS NICHOLSON . I am under-foreman of the locomotive department at Stratford. On the day of the accident Clare was sent with a disabled engine—I was directed to go with him—he acted as driver—Quinlan, who was taken into custody, was fireman—after we left the disabled engine at Romford we returned, they hung some empty trucks on the engine previous to our starting—I cannot say how many, I never counted them—when we returned we brought two persons back with us whom we had not taken—they were Holt and Charles Tomlinson—they were in the employ of the company—we had no instructions to bring them back—they requested to be brought back, and we brought them—one of them came up to me in the factory, and asked my leave—I said, for all I knew, I thought he might go—Clare was not there—he did not hear what passed—I did not give the man permission to go—I know nothing about any permission being given to the other man—I know nothing about him at all—we took him between Romford-shades and the station, not before we started—we pulled up the engine and took him in—it was Clare's doings—I did not give him directions to stop and take the man up—we waited at the Romford station until the up-train had passed—I cannot say how long we remained after that, I should think about fifteen minutes altogether—the signal at Ilford was down when I saw it—Clare
stopped the engine previous to my seeing it—I asked him why he stopped—he said the signal was against him—I looked, and saw the signal was in that state—it was afterwards raised, and we proceeded—we had waited some time—we bad travelled from Romford up towards Stratford, I think, at the rate of between twenty-five and thirty miles an hour—I do not recollect seeing the passenger-train that had passed—I saw the steam—I saw it at llford—the passenger-train started shortly after we stopped at llford, and I think we stopped six or eight minutes—we ascertained that the cause of the llford signal being down was that the passenger-train was at the station—I saw it leave shortly after we stopped—it was coming at the usual rate, between twenty-five and thirty miles an hour, the same rate at which we had been coming before—I am not aware whether that was the rate at which a train coming with trucks in that way usually travels—I do not know whether it depends on whether there is a train behind or not—there was no train to follow us soon that I am aware of—as we approached the Stratford station we had to pass under two bridges—I noticed the signal there, but not till I got close to it—I saw red at the bottom of it, the same as this is now—I cannot say whether there was one fan or two—the engine-driver was blowing his whistle when I looked and saw it—it was not my duty to look to see whether any change took place in it when we had passed under it—after we had passed it, I for the first time saw the up-train at the Stratford station, and did what I could to stop our train.
Cross-examined by MR. CHAMBERS. Q. Do you overlook all the workmen in the shop? A. Yes—it is my duty to overlook and direct the fitters among others—I am a sort of master to them—I am under foreman when the foreman is away, I overlook them and give them directions—I was sent by my master Mr. Craven to give directions to Clare to drive the engine—he told me to send Clare—he was started about middle day, I cannot say whether he had been working from an early hour in the morning—the fitters generally come at six o'clock in the morning—if he had been doing his duty he had worked from six till twelve o'clock—I found him at his ordinary work—I partly ordered Quinlan to go with him as fireman—when I was ordered to send Clare with the engine, I went up to him, and told him, and he said, "Who will I get for fireman?"—says I, "I don't know"—and says Clare, "Here is Bill"—and I says, "Bill can go"—I said, "Have you fired before?"—he said "Yes"—and I then said, "Then, Bill, go"—there was nothing more said—Bill was helping him as a workman at the time—he was asisstant fitter—I have seen the printed order, about no fitter being allowed to drive an engine—I have seen it many times since—if there had been a regular engine-man there I should not have dared to have sent him, after having been ordered to send Clare—it was not my business—they proceeded to get the engine ready immediately—I did not start with them from the Stratford station—I went round to my lodgings to get something to eat, and got on at the station on the Eastern Counties side—the engine had come from the Cambridge side, and turned to get on to the other line—the work-shop where Clare worked was on the Cambridge line—the signal is a red one, but white at the back—I do not see any necessity for it being any other colour—in passing over the bridge and looking down on the signal you see the back of it as though it was all white—a person on the bridge would see each fan raised in succession all white—in going down to Romford we stopped at the Eastern Counties station—I think we did stop—as far as I know we obeyed the directions of the station-masters, at the different stations with regard to our progress—I was only made foreman a few days previous to this—before that I was working in the shop, I was working as an engineer—on being made
foreman they raised my salary—I suppose the average pay of an engineer is 5s. 10d. per day—in the shops, the fitters, if they are good men, get 6s. pet day—they work ten hours a day in the shops—I do not pretend to say how long they work on the engines—the people that were taken up as we came from Romford were all workmen—I am not aware that they were going to Stratford—I expect they were—I was sent to Romford to bring some pat—terns up—I was to ride on the trucks—I brought some patterns up—two other men Holt and Tomlinson got on the engine—I was examined before the Coroner and so were they—I was not aware of their names when they were on the engine—I recollect coming to Iltbrd—we went slowly by Ilford, Clare said the fan was down—we stopped six or eight minutes after the passenger—train had gone on—I am convinced the fan was lifted when we started—we had passed under the fan to get to the station.
COURT. Q. You stopped before you got to the fan? A. Yes—the signal was before us, it was raised afterwards.
MR. CHAMBERS. Q. But it was the station—master or signal-man tint raised it before you could go on? A. cannot say who did it, but it was done—I believe we stopped six or eight minutes—we did not start at the rate of twenty miles an hour on the instant—it is two miles to the Forest—gite station, and Clare shut up the steam before we got there—at Forest—gate there was not a hand—signal exhibited to show that a train had recently passed—I do not think there was any post signal there at that time—supposing a man had stood there with the hand signal of the red or green flag, or whatever it is, to indicate that another train was just before it, we could have seen it and obeyed it—I cannot say whether that would have prevented the accident—at the time we passed it Clare had turned off the steam, and was going slowly—I should say he expected the signal, but seeing none he turned it on again—I saw no man on a platform after we left the Forest—gate station—I saw a man put his head out of the door of a little house at the top of the bank—I did not see any signal flag, or anything of the sort—I know enough of the management of a railway to know that where there is no standing signal, the signal is by hand, or by the waving of a flag at the station—I am not aware that a signal has been erected at the Forest—gate station since the accident—I have seen another signal at the Stratford station on the opposite side—the instant the fan was noticed in the way I have mentioned every effort was made to stop the train—I heard the whistle, which is an indication that a train is approaching—the most expeditious way of stopping an engine is to put the steam against her—that is reversing the engine—I saw the prisoner trying to reverse the engine—I did not see him try three times before it would act—I cannot tell how soon it did act—it would be by means of four wheels—they must operate on valves so as to turn the steam, and if the valves are out of order then it would not operate so rapidly—I assisted at the break as soon as I saw the danger—I did not then jump off—neither at the time we started, nor at the time I was ordered to go on the engine—I do not know of any extra danger there was in going on that Bne more than driving an ordinary goods train, or a truck train—that engine hi been taken to pieces since—I should think she would be used again after she has got her general repairs—she was not condemned—she had been foond fault with—she was certainly condemned thus far, that she was not running with passenger trains, because she could not keep her steam—I cannot "y how long before the accident she was condemned—the engine was damaged a little by this concussion—she was not repaired immediately, but within two or three days—it was not repaired before Captain Codrington came down and tried it—it was injured about the chimney and the smoke-box door—I
do not know who examined it to see if it was in a fit state Jot Captain Coddington to try—nothing was done to it that I am aware of before Captain Coddington came down—I do not know who had charge of it—it was standing in the shed—it was brought there after the accident occurred—it was pat I under no one's charge that I am aware of—I did not see it brought ont when Captain Coddington got on it to drive—I was not in the shed at the time—I had been given into custody—there were five of us given in charge—the stationclerk and the persons on the engine were not given in custody—the signal-man: was—I do not know whether Mr. Green gave him in custody—Mr. Summers, a person on the line gave me in custody—I was kept in custody till the Monday'—this was on the Saturday evening—I was taken before the Magistrate—I afterwards saw the engine taken to pieces for repairing—I did not take particular notice whether the reversing lever was out of order—I expect that the persons who were sent to repair the engine would see to anything that was wrong—I am not the person who appoints the men to engines—I understand all did machinery of an engine—the reversing lever was not out of order that I ani—aware of—I have no doubt that there was something to do to it—there was I piece of string on the top of the reversing lever which was there at the time of the accident—I believe it was to supply a defect—some fault in the. working of it—the regulator of an engine is a valve to admit the—steam on to the two valves—I do not know that the regulator was out of order—'I did not look at it—William Hanston is the person who took it'to pieces he is one of the parties who repaired it—it is not repaired, so as to befit for Hse—I do not think it will be used for a month or so from the present time—I did not see it taken to pieces so as to examine it—of course Hanston Would—Mr. Samuels is the chief engineer of the line—I know Mr. Eock the engineer—he did not come that I am aware of—when the engine was taker to pieces Clare was in prison—I do not know whether ariybody attended on his behalf to see what portions of the engine were not able to be worked—no engineer attended for that purpose that I am aware of.
CHARLES TOMLINSON . I am a smith on the Eastern Counties line. On the diy of the accident I was taken up by Clare between the locomotive and the passenger-train station before I got to Romford—I went with him, and remember approaching Stratford—he was driving the etigine—he first time he" endeavoured to stop it was at the second bridge from the station, before wei came to the signal—I do not remember the engine, he was driving being driven into the train—I was on it, but was so frightened, seeing the dangef we were approaching, that I was quite unconscious of what took place.
Cross-examined by MR. CLARKSON. Q., Did you see the signal yourself? A. Yes—I did not notice whether there was one or two red flaps down—That was the state of the signal when I saw it——(referring to thrmodefy—l cannot say that there were two fans down.
MR. ATTORNEY-GENERAL. Q. At what rate was he driving when he went under the bridge? A. About twenty-eight or thirty miles an hour—I have travelled many times on the line and can judge of speed.
WILLIAM KENT . I was a plate-layer on the Eastern Counties Railway. I saw Clare driving his engine on this Saturday, between the Romford and Il—ford stations—he was about a mile and a half from the Ilford station—I had seen the passenger—train pass before him—as near as I can say, he was a mile from it—I cannot say at what rate—he was going, but it was a good deal faster than that train.
Cross-examined by MR. CHAMBERS. Q. Did you go before the Coroner or Magistrate? A. No, I have not been examined before to-day—I do not act as a signal-man sometimes.
Cross-examined by MR. CHAMBERS. Q. Did you see the signal? A. No—I did not hear the whistle—I am one of the Company's servants—I am a pattern—maker—nothing else—I am on the Romford part of the line, and was going to Stratford on this day.
MR. BODKIN. Q. You have nothing to do with driving the engines or looking at the signals? A. No, I was rather alarmed when I saw what was likely to take place—I was not hurt.
GEORGE BIRCH . I am manager of the signals at the Ilford station. The signal there is of the same kind as at Stratford represented by this model—the one o'clock Ipswich train was due at my station on the day of the accident, at forty—six minutes past three o'clock—no other up—train is due at my station till five minutes to six—on the arrival of the one o'clock train, I lowered my signal, as this model is now—while the train was there, and the signal in that state, I observed an engine coming up with some trucks—it blew the whistle, and ultimately stopped—five minutes after the passenger—train had left my station, I raised one of the fans in this manner, as a caution to go slowly, as there was a train in advance—that appeared to be understood, and acted upon by the engine—driver coming up—they came up slowly.
COURT. Q. At first you said you stopped them? A. Yes, at first, and then after they had remained five minutes after the Ipswich train had gone on I lifted up the fan because the Ipswich train had not long gone on.
MR. BODKIN. Q. How long have you known Clare? A. Between two and three years—I have seen him on engines before, at Stratford driving them.
Cross-examined by MR. CHAMBERS. Q., Do you mean on the Cambridgeline? A. Yes—I have seen him on engines at Shoreditch, just working them in and out, as you frequently see men doing, to prepare them for starting—Mr. Cooke is station master at Ilford—I am not aware that he is here as a witness—the regulation in May last was that a train should not start until the first train had been gone ten minutes—it is now altered to five minutes—it was the station master's duty in May last to see that the first train had started ten minutes before he allowed the second to start, and then to give the signal to the engine-driver the driver would take the signal to go on by the signal being drawn up—I believe the alteration from ten to five minutes was made in May—it was a written order—the ten minutes' order was printed—the written order was sent to the station master—we have a clock at the station—this train started five minutes after the passenger train—I looked at the clock, and kept the engineer five minutes—my instructions to the station master were to that effect—the first train ought to have arrived at Ilford at forty-six minutes past three, but it was three or four minutes past four before it came—it ought to have been there forty-six minutes past three, by the Ilford time—it was seventeen minutes behind time—Mr. Cook was not absent from Ilford that day—we have no red boards at Ilford to hang on the back of trains—the red board signifies that a train is following—whenvthe station master sees that it is his duty to keep the line clear, and to lower the signal—it is not his duty to send a policeman forward to warn the approaching extra trains that the preceding train is near the station—it is his duty to lower the signal.
COURT. Q. Does that board give notice when trains stop, or only when they pass the station? A. Only when they pass without stopping—it means there is a train behind us.
MR. CHAMBERS. Q. When there is a red board at the back of a train which passes a station, where there is only a hand-signal, is it not the clerks duty to use the hand—signal to the approaching train? A. Yes, the red board intimates to him you must be on the look out, because there is an I extra train coming, and you must take care that, you do not run into the I preceding train; if I bad had a red board at Ilford, I should not have deemed I it my duty to hang it at the back of the passenger-train, not being aware I that anything would follow—I let the passenger—train go out of the station, I and the truck-train followed five minutes after, but did not hang, a red board I on the passenger train—I do bang a red board when I am aware there is I anything following—the next station U two miles, off—the man at the I Forest—gate had hand-signals.
COURT Q., If you had hung on your red board, would not the Forest—I pate man, when he saw the Ipswich train pass, come out and hold up his I flag? A. It would have been the case, but we do not do so with ordioajft I trains, only with special, or extra trains—this Fire-fly engine was aa I extra train, but we were not aware that it was coming until it approached I the station—that train and the Ipswich up—train were at the station together I——we did not hang a red board on it, because it is not the rule—I cannot say why it is not the rule—if the board had been hung up, it would have certified at Forest-gate that a train was following, the driver of the second train being at the place at the same time as the first train, would know that there was a I train before him
MR. CHAMBERS. Q. Was it not the duty of the Romford station—master, when the truck—train started from the station, to attach to the preceding train, a red board by day, or an extra lamp by night? A. I am not aware of such a regulation—I have the printed regulations given me by the station—master—I am aware that there is such a regulation in the book—it was not obeyed this occasion—it is not customary, unless with special trains—it is frequently done—I have seen them pass and repass with boards and extra lights by night—the regulation is that the station must at all times be in charge pf some competent person to give the signal to each passing train—I should say if the signal is not obeyed by the approaching train, it is the duty oftfee signal—man to hold up his hand; but it was obeyed on this occasion—if it was not obeyed, he would advance and hold up his hands—the windlass is a hundred and fifty yards off—the station—man never advances towards the signal to see whether it is obeyed—if I was at the windlass, and the train did not obey the signal, I should walk into the middle of the line, and hold up my hand—Forest—gate is about a mile horn Stratford—we have at Ilford two porters and the station—clerk by day, and one by night—I have the care pf the signals by day—I should go off my duty to unload the cattle—truck if was required; and if I saw anything approaching either way, I should leave my work and go to the signal—the windlass that works the fen is a hunraj and twenty yards off it in a straight line—you can see the working of the fan at the Ilford station from the windlass—in foggy weather, a red light bangs below the bottom fan, and it can be observed from the station whether it is ia view or not—the red light is enough to show the extent of the danger;—if you let a green fan down, that means caution—I do not know what the yellow indicates—the first red is a caution to go slowly—the one red below the green is to notify that there is something in advance—the two reds mean to stop altogether; they denote danger—in foggy weather the lamp is suspended from the centre of the bottom red fan; as the windlass winds the fen up, the light is thrown up with it—I know the Stratford station——you cannot see round the curve in foggy weather, nor in any weather—I do, not know whether you can see the signal any distance before you come to it.
Q. Do you mean to say you could see the red lamp from the windlass in foggy weather? A. I cannot say—I have not been there in foggy weather—you can see it in clear weather—the fan does not obscure it—it hangs belor the fan considerably more than eighteen inches—I cannot say whether the working of the fan can be seen from the windlass, as I was never stationed at Stratford—there has been a new signal put up at Forest-gate since the accident, and at Stratford—they are different signals altogether, and have no fans—it is a signal with arms like a telegraph.
THOMAS SCOTT . I am superintendent of the Eastern Counties Railway and storekeeper at the Stratford station—in Nov. last Clare was engine-driver in the company's employ—he continued in that capacity about three months after I came into the service of the company, as far as I could judge, he was thoroughly competent to drive an engine—I have seen him drive fee. quently—I remember the day of the accident, my attention was called to the Fire—fly three hours and a half after the accident—it was then removed from its position—the smoke—box was damaged a little—Captain Coddington saw it on the Tuesday following—it was then in the same condition—nothing wai done to it, as far as I know—it was kept at the Stratford station.
Cross-examined by MR. CLARKSON. Q. Where were you from the Saturday till the Tuesday? A. At Stratford, not where this engine was, but at a different part of the line—nothing was done to the engine to my knowledge—I did not take it to pieces to see whether the reversing engines were in order, or whether a piece of string was tied to the regulator—I knew Clare—he had Been working on the Cambridge line when I came on the Eastern Counties line—he was theu driving an engine—I do not know whether he was hired ai a fitter or not—after he had been working on the Cambridge line he applied to me to appoint him to drive a passenger-train—I refused him—I assigned as a reason that he only had one eye—there would not be much difference between a man with one eye driving a passenger—train and a man with one eye driving a truck-train—I should have no hesitation in putting him on a goods train—I advised him not to take it at the time, on account of his having but one eye—I refused him a passenger-train—I gave him an offer of a goods train that goes slower than a passenger-train—a man with a slow train has a better chance of seeing—goods-trains ought not to exceed fifteen miles an hour.
MR. CLARKSON. Q. Do you mean to say that one part of the regulations is not that they should not go more than twenty-five miles an hour? A. From fifteen to twenty miles an hour—he knew this train ought to have been a slow one—there was no specific order given that it should be slow, but it is perfectly well known among the men—there is a regulation put up in the shed, that fitters should not drive—I have seen it—I am not aware that there is an order that no engine-fitter should drive an engine—there is an order that no fitter should bring an engine out of the shed—there are two or three fitters on the line as drivers at the present time.
COURT. Q. But there is something about it? A. There is an order to prevent the fitters bringing the engines on to the line.
MR. CLARKSON. Q. Then what is the difficulty or the necessity for more science in bringing an engine out of the warehouse on to the line or in driving aa ejigine on the line? A. It is to prevent men who are not accustomed to working engines taking them on to the line—I believe the terms of the Notice are that no fitter shall do it.
Q. Was not the Stratford signal, some time before this accident, reported to you as. being unfit in its position? A. Well I cannot recollect that exactly—the matter had been talked over, and the new signal was in the course of being fixed, and was nearly fixed on the Cambridge line when this accident happened—I will not say that the drivers on the line have not reported
that signal as "being dangerous—I will not swear but what it has been spoken about—I should say there are a great many drivers on the line who have not to reported it—I cannot say whether there have been a dozen—I will not swear it—it is usual and necessary for the drivers of engines to have a copy of the rules and regulations given them—I cannot say of my own knowledge that this man had not one.
Cross-examined by MR. CLAKKSOIT. Q. Did you see him acting in that capacity? A. Yes—he was removed because he knew nothing about it.
MR. ATTORNEY-GENERAL. Q. Was he discharged, or removed? A. Discharged because he had an accident at a station—he has not been firing on an engine very lately since.
JAMBS SAMUEL . I am the resident engineer on the Eastern Counties Railway. I prepared this plan—it is a correct representation of the part of the line where this accident happened—it was prepared under my direction, to show the working of the signals—it does not show the curve—it was made to a scale—there are two bridges before leaving the Stratford station—this signal (looking at the plan) was about 259 yards from the hindmost—carriage at the station where the train stopped—it can be seen by the engine-driver, if he keeps a proper look-out, at a distance of 479 yards—more than a quarter of a mile—the point A in the plan is the spot from which you can first see the iighal, that is, at a distance of 220 yards from the signal; and from B, where the signal is, to-C, where the station is, is 259 yards—you can see the signal from the windlass.
Cross-examined by MR. CLARXSON. Q. Are you quite sore of that? A. I have tried it since the accident—I was not quite certain before—there is a curve between the signal and the windlass of a radius of about a mile, and there are two bridges intervening—the white part shows itself to the man at the windlass—he could only see from the form of the fan whether all the fens were down or not—he could not possibly mistake one fan being down for two—the signal has never been out of order since I have been there—I have been there since the 1st of Jan.—I believe the windlass is not above ten yards from the station, but I cannot speak positively; 1 have never measured it—it has never been reported to me that the drivers have made complaints of the signals at Stratford being dangerous—if it was a subject-matter of complaint to Mr. Scott, he never communicated it to me—I do not consider it a dangerous part of the line? not a bit more dangerous than any other part—I do not consider it safe for a train of trucks to go without a guard, or without a hind break—it may be safe without, because many trains do go so, and no accident occurs; but, in my judgment, I believe that it is inconsistent with safety, or rather, that we run a risk in tending out a train without a bind break.
COURT. Q. Will a break on an empty truck at the end have much effect? A. It would have very little effect in stopping the train—the effect of a break depends a good deal or mainly dh the weight of the carriages—the weight naturally increasing the friction—two of these trucks contained some iron.
MR. CLARKSON. Q. What quantity? A. I did not measure; I cannot tell—they were in the centre of the train when I saw it—I should consider it running a risk to send out a tram, either full or empty, without a hind break—this model is a twelfth part of the real size—the Forest—gate station was not completed when this accident happened—I am not aware that it was opened long before it was completed—it may have been open to the public
about two months before the accident, but I cannot speak to that—I do not know that I swore so before the Magistrate or Coroner—I gave it as a matter of opinion, I rather think—the Forest-gate station was provided with the usual white, red, and green flags—there was, I believe, a man appointed to use them—the station—master has the charge of the station—it is a very unimportant station—the station—master ought to be able to do his duty wholly without the signals—it is so small a station that he would be able to do without, but he has flags—if he bad used his flags on this occasion it ought to have prevented the accident—it would have made it tenfold less likely—if the man at Forest-gate station, when he saw the Ipswich train pass, had held out his flag, he might have prevented this train coming—if there are no signals exhibited at the station, it is reasonably inferred that the line is clear.
COURT. Q. Do you mean that is the case with respect to a special train, a train that is not expected? A. With respect to any train, I should say it would—if there was no danger signal shown I should think the driver would imagine the line was clear, if he had not seen the train previously at Ilferi, which he had—it would show the line was clear till he came to a danger signal.
MR. CLARKSON. Q. Has not the signal at the Stratford station been removed? A. It has not—there has been another placed in another position—the old one remains, but is not used now—it was the intention of the directors to do so before the accident—they considered it better to have a uniform signal than to have a variety—that was the only reason—I was not in Coart when Scott was examined—I do not know that the alteration of signals has been on account of the repeated complaints of the drivers—I consider tke position on this side safer than the other—the signals are the same as 01 other lines—some railways have adopted the same signals, and some have not—it is becoming pretty general—men from any other line would understand the signals—it is one arm, a semi—colon—we had three different sets of sigoalt including this—that is enough, if they are perfectly understood—I do not know any mode by which a man may understand them, if he has only beea on the line twice before, and had no book of rules and regulations given him—the driver of an engine would be discharged if he did not obey orders.
MR. BALLANTINE. Q. Did you make a train exactly similar to what the prisoner was driving, for the purpose of Captain Coddington trying the experiment? A. We used the same train and the same engine, with the trucks exactly in the same condition—the signals at Forest-gate station apply to any stoppage by that station—this signal applies to any stoppage by the Stratford station—there are signals down the line at all the stations—it is the duty of the engine—driver to look out for the signals as he approaches each station—in my opinion, if he had had the opportunity of seeing this signal being down, and stopped his engine, this accident would have been prevented—I cannot say whether there were two horse-boxes next to the binder carriage.
CAPTAIN CODDINGTON . I am captain in the engineers, and am attached to the railway department of the Board of Trade—on the Tuesday after this accident I went down to Ilford, and took the engine and train—I first examined the station and signal at the Stratford station—the windlass which works the signal is within a few yards of the station—that is the correct mode of working it—the signal can be seen from the windlass—I did not take the measui ments myself, but I had them taken at the time and reported to me—tto measurements given in evidence are correct—the signals on the Ilford lio be perfectly seen for 200 yards—it was with a view of testing whether a sufficient distance to enable a person of competent skill to stop the train
that I went with the train—I went with the "Fire-fly," and I understand the same trucks, that had been used on the Saturday—I rode down to Ilford station on the opposite side of the rails, and then I tried the train on the up line, and gave the engine-driver his directions, as we were going under a bridge, to proceed without any previous concert—I directed him suddenly to stop the train—at that time we were going at the rate of twenty-fire miles an hour, as near as I can judge—I noticed the point at the time I gave the direction because it was while passing under a bridge, and I measured the distance from the bridge to the point when the engine came to a final rest—it was 445 yards from the bridge—the inclination was rather descending—it waa unfavourable for stopping—it was done simply by applying the break—I then proceeded on my journey—I had stationed a man with a red flag, as a mark for myself—at the time we approached him, we were going at the rate of about thirty miles an hour—when I got opposite the man, I shut off the steam again, and gave the engine—driver directions to stop the train—I stopped it by the break alone—at the time the steam was shut off, we were descending slightly; but before the engine came to a final rest we were ascending slightly—we stopped at a distance of 468 yards, then returned to Ilford, and came on from Ilford towards London at the rate of not less than thirty miles an hour—rather ex ceeding that when we came near Stratford—I saw the Stratford signal, and knew exactly the distance I was coming, and stationed a man—we did the last half mile in fifty—eight seconds—on seeing the signal, I shut off the steam, stopped the engines, reversed it also—it stopped from ten to twelve yards short of the station—we were then going at the rate of upwards of thirty miles an hour—I was going at full speed at the time I saw the signal—we stopped twenty or thirty yards before coming to the Angel-lane-bridge—we stopped within a yard or two of the same place we stopped at before—the engine stopped directly under the bridge—the inclination is ascending at the Stratford station—we were going a little faster then than the last time we stopped, and a shower of rain came on in the interval, which gave less adhesion to the rails—I believe the exact inclination is I in 330—it is a slight inclination—the curve slightly favours the stopping—when I applied the break I watched its effect on the wheels, to ascertain whether it was acting properly—it was sufficiently powerful to lock four of the wheels out of the ten, and the other six were revolving very slowly—the four were at a dead lock—on the last of these occasions I reversed the engine—the reversing gear acted—I watched to see while the driver's head was turned in an opposite direction, and it did act at once, and applied instantly—I am sufficiently an engineer to draw an inference from a plain fact—I am acquainted with the acting of locomotives, and the arrangements of railways—I have been two years an inspector of the Board of Trade, and was sent down for the purpose of making this examination—if the train had been going at fifteen or twenty miles an hour it would have stopped in a very much shorter space—the signal cannot be seen farther than 240 yards—it makes its appearance under the bridge—it is hidden by the masonry I think that an unfavourable circumstance—the line curves round.
Cross-examined by MR. CHAMBERS. Q. Who was the engine-driver that went with you? A. I do not know—there were five on the engine—Mr. Samuel, the resident engineer of the line, was one, and a person, I am not sure whether it was Mr. Scott or not, the fireman, and myself—while the engine was going at the pace I mention I was on the look-out to see where I could get the first sight of the signal—I was not driving—my attention was directed to seeing the signal—I did not stoop down to see it—I did not stand erect—I stood about so, for the rays were very strong, and I had my hand
up to ray face, and then I saw it unxter the briflge—it was on the left hand side—I had to look to the left side of the line, not exactly straight before me—I think a break is of use in stopping a train—I have seen many other ling—it depends on the extent of the train whether they send out one or two guards—I think the competency of a driver ought to be ascertained—when a man is sent on a strange line I think they ought to send a competent engineer or fireman with him—he should have the assistance of a competent person until he becomes acquainted with it—I should not expect a man to he acquainted with a line 100 miles long in three drives—I should not be afraid to go on a line of twenty miles length after three times—I should not like ta undertake to drive an engine at all—it is not my business—a great many lines have figures as signals of danger, and also fans—they are to be put into the hands of the engine-drivers—there should be a book, not only with written instructions, but with coloured representations of the signals—that is quite necessary for safety—they have hand signals to use in case of danger—they ought to be used at every intermediate station if a train has just gone by—they are generally used as supplementary signals—if they have no othei means of communication, they should present the hand signals to the approaching train to stop it for five or ten minutes, according to the Company's regulation—I afterwards went to Forest-gate station—it is a mile from Stratford—if the man at the Forest—gate station had presented the green flag wben he saw the truck train coming I do not see that it would have prevented the accident—I think the man at the Forest—gate station neglected his duty in not throwing out a signal.
MR. ATTORNEY-GENERAL. Q. Would that necessarily have prevented the accident? A. Why, there was another signal before the man arrived at the Stratford station—if he had seen the signal, and attended to it, the accident might not have happened—I should consider twenty or thirty miles an hour a very unusual pace for a train of this description.
COURT. Is it a matter of economy to go slower? A. It is, and for Ail reason, upon railways where they do not want to go fast for passenger-trains, they go slow—an increase of speed is a considerable increase of cost to the company—thirty miles an hour would be much dearer to the company thai fifteen—it is a general practice among companies not to adopt great sped when it is not wanted.
NOT GUILTY .
NEW COURT.—Friday, September 25th, 1846.
Fifth Jury, before Mr. Recorder,.
GUILTY . Aged 40.— Confined One Year .
GUILTY . Aged 20.— Judgment respited .
GILBERT SPENCE NICHOLSON . I am in the employ of Joseph Allison, a silk-mercer, in Regent-street. On the 18th of Sept., the prisoner and another woman were at the counter, being served—in consequence of something! I sent for a policeman—they got up to go away, and I stopped them—the prisoner had been sitting before that—I charged her with having something that did not belong to her—from the mode of her denial my suspicions were confirmed—I
cannot say what were the words she used, but it was," Me! I have not," or something to that effect—she then moved a little back, and I saw a movement beneath her mantle, and almost immediately I saw a portion of a piece of silk on the floor, from beneath her mantle—I first saw the end of it, and then saw the whole piece as she moved—I took her into the counting-house, and called for the constable—she begged me not to do so, and spoke of compromising the matter—she used the word "compromise"—the constable came, and she was given in charge—this is the silk—it is damask silk—there are thirty-two yards and a half of it, worth about 13l.—the prisoner's mantle fell nearly to the ground.
Cross-examined by MR. PARNELL. Q. Was it the mantle the prisoner has on now? A. No—we have had no cases of this kind at our house since I have been there—an assistant, named Evans, was serving the prisoner—he is not here—the other woman was allowed to escape—I walk the shop, and point out the new articles—I seldom serve myself—I saw the prisoner get up to go, after I had sent for the policeman—they did not know that I had sent for the policeman—I believe they had paid for what they had bought—when I saw this piece on the floor the prisoner was about a yard from the counter, anfl about eight paces from where she had been sitting—the silk was covered by her mantle on the floor.
COURT. Q. Was it about her person? A. No, it was already on the floor—I never saw it between her mantle and her dress—I said to her, "I believe you have something that does not belong to you, for which you have not paid"—I do not recollect what were the words she made use of—ours is a very large shop—we have from thirty to fifty men—I had not seen this on the counter—it was on the counter—it had been shown to a customer before—I saw this piece of silk on the floor, which had not been there before—I saw the floor as I was going to her, and the silk was not there—the prisoner said, "Fetch back the other woman, and see whether she has taken anything," or words to that effect.
EDWARD CASEY . I am shopman to Mr. Alliston—I picked up this piece of silk and placed it on the counter—I had seen it on the counter before, just where the prisoner was sitting—I was serving to the right hand side of her, and my attention was drawn to the quantity of silk before her, moving as if something was drawn from under them—I am not sure that I mentioned that before the Magistrate—I had seen this silk on the connter an hour before—I do not know of any one who had been showing silk to any customer but myself—there are only two shopmen in that department—it was about half-past five o'clock—I was folding this silk myself, and was called away to serve another customer—Evans was serving the prisoner—I was told he did not know anything about it—this silk bad not been moved from the part of the counter where it was—I do not think it could have been moved—I put several other pieces of silk on the top of it to put them away—I had not been called away only for a yard or two.
Cross-examined. Q. Which side of the place, where the prisoner had been sitting, was the silk? A. To her right hand, towards the door—on that side where it was found on the floor.
Cross-examined. Q. You said she was allowed to go? A. She was allowed to go—she had gone before she could be stopped
NOT GUILTY .
NOT GUILTY .
The prosecutrix did not appear;
MATTHEWS pleaded GUILTY . Aged 22.— Confined One Year.
ROBINSON WEBB (City police-constable, No. 658.) On the 21st of Sept., between five and six o'clock, I was in Bishopsgate-street, and saw Mr. Clayton standing at a picture shop—I had been watching the prisoners some few minutes previous to that—I saw them go to the picture shop, and both closed round Mr. Clayton—I saw Dryer take this handkerchief out of bit pocket, and pass it under his arm to Matthews, who put it into his pocket—I went up and took them—Matthews took the handkerchief out of his pocket and threw it down—I said, "It is of no use to throw it down"—I told Mr. Clayton to pick it up, which he did, and gave it to me.
DRYER— GUILTY . Aged 21.— Confined One Year.
EDWIN PROSSER. I keep a pastry-cook's shop in Chiswell-street—the prisoner was my errand-boy for about three weeks—on the evening of the 23rf of Aug., about five o'clock, I noticed some silver in my till—I bad 16s., or 17s., there might be 185., in shillings, half-crowns, and sixpences—the prisoner applied to me for leave to go home, about ten o'clock—he lodges about five minutes' walk from me—I said he might go—he went down into the bakehouse, after he had asked my leave to go away—he had no occasion whatever to go down, for his hat was hanging up stairs—I went down after him, and found him j standing in the dark—I took no further notice than sending him for a candfc—he returned and said there was no candle—I sent him to my wife—there was no candles, and she sent him out for some—he came with one, and I sent j him up again—I and my wife looked about the bakehouse, and I noticed the prisoner peeping down twice—he came down, and I asked him if he had anything about him of mine—he said he had not, but in about ten minutes he gave me up a purse, with 1s. 9d., declaring he had no more, and he said he had taken it out of the till, except 3d.—he had his hand in the pocket of Wi trowsers during that time, and about 7s. fell from the bottom of his trowien—he said, "Here is some more money"—I called in a policeman, but did not give him in charge for two hours, as my wife was in strong hysterics for that time—the policeman found on him 4s. 7 1/2 d. 1d. and some money on the floor—the whole money found was 17s. 10 1/4 d.—I looked into the till about ten o'clock—there was only 9s. in it, beside a quantity of halfpence.
Cross-examined by MR. HORRY. Q. Had you other persons serving w your shop? A. No, only my wife—he acknowledged that all the moneji except half-a-crown and 3d., belonged to me—I went for his mother before I gave him in charge—I had accused him an hour or an hour and a half before I went for her—that was after the greater part of the money was found—his mother offered me 106.—I told her that I had not lost less than or
30s.,—I afterwards said 2l. or 2l. 10s.—I have since discovered it it 4l.—she said she would pay 1l. at 1s. a week in washing—I said I would not make it up with 1l.—I am not certain whether I said I must have 2l. 10s.—I told the Magistrate that 2l. would not cover the loss—I said I did not wish to prosecute—I said something to the effect, that all I wanted was my money back that I had lost—I have not lost less than 4l.—I do not know that I said that all I wanted was my money back, and the boy might go, but I will not swear that I did not—I was very much confused—while he was in the bakehouse with me and my wife, I said I hoped he had not been taking my money—he said he had not, and in about ten minutes he gave me 1s. 9d.—my wife's mother was there, and I had been in and out during the ten minutes—I had been talking to him during the ten minutes—I told him he bad much better give me the money—I am not certain whether it was immediately after the 7s. fell from his trowsers that I went for his mother or before, but I think it was before—I left him in the bakehouse, but the policeman was there—it was two hours before I gave the prisoner in charge—it was not till we got to the station that his mother was talking about 1l., and 2l.—I do not think she offered me 1l. before I went to the station, but I will not awear it—I do not think she offered me any sum—she said she was willing to make recompense—I said I had not lost less than 2l.—I asked for no money at all—I did not say at the station that I would take 1l.—she offered me 10s. in the police court—she said she would sign her name before the officer to pay 1s. a week.
COURT. Q. Before the prisoner produced to you a purse and 1s. 9d. and said he bad taken it out of the till, had you said to him that all you wanted was your money back? A. I think. I had not—I told him he had better give me up the money and acknowledge to it, and after that 7s. dropped from him, and more was picked up on the spot.
WILLIAM HOBNB (police-constable G 188.) I was called in, and found the prisoner in the bakehouse—the prosecutor's wife had an attack of hysterics—the prisoner was given in charge by his master—I found on him 4s. 7 1/4 d.—the two shillings and half-crown were wrapped in a piece of paper, and the 1 1/4 d. loose in his waistcoat-pocket—I picked up 4s. or 5s. from the bakehouse-floor—what was delivered to me as having fallen from him, and what I picked ujy altogether, amounted to 17s. 10 1/4 d.—he claimed half—a—crown of it as his own
GUILTY . Aged 13.—Recommended to mercy by the Jury. Respited.
JOHN ROBERTS . I am a pawnbroker, and live in York-street, Westminster. In the morning of the 5th of Sept., the prisoner came, between eight and nine o'clock, she produced a silver fork, and offered it for sale—I thought she had not obtained it honestly, and I gave her into custody—she told me it bad been given her by a young man about a fortnight before—this is the fork—it has a stag on it for a crest.
Prisoner. 1 told him it belonged to Captain Rogers. Witness. She did say something about who it belonged to, but I did not hear who, as I was on the eve of sending for the policeman.
Prisoner. I begged him to let me have it back, to take it to him. Witness. She said many little things I did not notice.
JOSEPH COMPTON . I am butler to Robert Atkins Rogers, of No. 6, Park-place Villas. The prisoner had been servant in his house, and had left about a fortnight or three weeks—I know this fork—it is my master's—I had charge
of the plate—the prisoner came to bid the servants good by after stie bad quitted the service—she came to the pantry-door, and I left her there while I went to call the servants down—the next day the policeman brought the fork—I then missed it—I had not missed it before—it could not have been taken till she came to take leave of the servants.
Prisoner. He knew I was going into the country the next morning to a situation—a young woman who was with me, took it, and showed it me afterwards. Witness. I knew she was going into the country—no person came with her.
(Mrs. M'Dougall, of Norfolk-street, Park-lane, gave the prisoner a good character, and engaged to employ her.)
GUILTY. Aged 26.—Recommended to mercy by the Jury. Judgment respited.
1851. HENRY LEWIS was indicted for stealing a watch, value 7l., the goods of John Crew; and JANE ELLINGTON for feloniously receiving the same, well knowing it to have been stolen; against the Statute, &c.; to which
LEWIS pleaded GUILTY . Aged 11.— Confined Seven Days.
THOMAS JACKSON . I am a postilion at Carlton-Mews, in the service of the Queen Dowager—I live in the mews—Lewis's father is employed as helper in the stables—he lived in the mews. On the 29th of Aug. I missed from a drawer in my bed-room a silver watch—I had seen it safe at half-past five o'clock in the morning—it belonged to John Crew, a friend of mine—I had been commissioned to have a glass put to it—this is it—I know it by the name of Griffiths on the dial and on the plate.
JOHN TYLER (police-constable A 167.) I apprehended Lewis on ttie 5th of Sept., in the Royal mews—I told him it was on suspicion of stealing a watch—he first denied all knowledge of it—I took him to the station—he there confessed to taking the watch out of the drawer, and selling it—in consequence of what he told me, I went to a shop in Bedfordbury, and found Ellington in the shop—I told her I had come respecting a watch which a boy had brought there on the Saturday before—she said, "O yes, I let a boy have 3s. 6d. upon a watch"—I said, "Will you let me see the watch?"—she went into a back parlour and took the watch out of a drawer—this is it—I wad to plain clothes, and had a constable in uniform with me—I took Ellington into custody—we appeared before Mr. Henry, the first time, and Mr. Jardine afterwards.
Cross-examined by MR. O'BRIEN. Q. This watch has no glass? A. No—Ellington did not ask if I was the boy's father—she said, "I let him have 3s. 6d., and he is coming here again."
HENRY HUSSEY . I am eleven years old, and live with my father, in West-street. I went with Lewis to Ellington's shop in Bedfordbury—he said to her on going into the shop, "Now what about this concern, I want that money"—she told him to come the next evening about five o'clock, and he should have it—this occurred last Monday or Tuesday week, about owe days ago.
Cross-examined. Q. Are you sure Lewis made use of the word "concern?" A. Yes—I stood outside the shop, and Lewis went in.
COURT. Q. How near did you stand to him? A. Quite at the door—Lewis went to the counter, which is about half an inch from the door.
HENRY LEWIS (the prisoner.) I live at Carlton-mews. This watch was in the drawer in Jackson's bed-room—I saw it there—I took it out about eight o'clock on Saturday night—I was alone when I took it—I was induced to
take it because Jackson's clothes came borne in a break, and I took them up stairs, and then took the watch—the drawer was not locked—I took the watch on Sunday, the next day, to Ellington, in Bedfordbury, about half-past nine o'clock in the morning—I saw her in the shop—I said, "Here is a watch, how much will you give me for it?"—she said, "I will give you 5s. for it; I can't pay you to—night, come about half-past five to—morrow, and you shall have it all"—I went the next day in company with Hussey—I went into the shop—Hussey stood against the door—£ said to her, "How is this about this concern?"—she said, "I will give you la. now, and I will give you Is. a—day separate"—she gave me 1s. on Monday,. It. on Wednesday, and another I think on Thursday, and 6d. she gave me on Saturday—she said, "Come some time next week, you shall have the rest"—that would have been 1s. 6d., more.
Cross-examined. Q. Did you tell her you came from your mother? A. No, I said I wanted some money on the watch, and she said 1 will give you 1s. now—I had not known her before—I did not know her name only seeing I her in the shop—I used to buy some sweet stuff of her.(Ellington received a good character.)
ELLINGTON— GUILTY .— Confined One Year.
1852. NICHOLAS LE CHEMINANT, JOHN CUMMINS , and JOHN PYE were indicted for stealing 13lbs. of brass, value 7s. 3d., and 11b. of copper, 9d., the goods of Moritz Platow and another, the masters of Le Cheminant
JOHN OSBORN . I am foreman to Moritz Platow and another, brass founders, High HolbornLe Cheminant was in their service as fireman and brassfounder—in consequence of something that occurred on the 29th of Aug. I went to Mr. Pasco's cart at the end of the factory—I took from the shaft a nose—bag—it contained about 13lbs. of brass and lib. of copper—I know the metal—it belonged to Mr. Platow's firm—Mr. Pasco is the contractor for the ashes, and this cart came to remove them—it had no business to have any metal in the state in which I found this—Cummins and Pye came with the cart from Mr. Pasco's—as I returned into the factory with the nose-bag I met the three prisoners—Le Cheminant asked what I had got there—I remarked there was something wrong, and if he wished to see, if he would return to the factory he would be satisfied—they returned, and were given in charge—this metal had been taken from a bench near the furnace—I had seen some of it in the morning—I had delivered some of it to Le Cheminant to melt—the other two prisoners are servants to Mr. Pasco.
Cross-examined by MR. ROBIHSON. Q. How do you know the metal? A. We had no bolt copper but this—it is the same sort as I delivered—Le Cheminant is fireman, and has been in the prosecutor's service two years—it was his business to melt metal by the side of the ash-pit—the bench was on the left hand side, the furnace in front, and the ash-pit on the right—the furnace is about three feet from the bench—he should have been melting while the other prisoners were there—if the metal comes over it will form a cake—it very seldom goes into the ash-pit—it is not common to find pieces of metal of this size in the ash-pit—some pieces may have got in—it may have happened that pieces have come over and got hard and been kicked in the ashpit—it is not common—I have known Le Cheminant send the boy down to get pieces out of the ash-pit—it is the duty of a melter to be always attending to the fire—it requires a good deal of care to see that the fire is kept to a certain height, and the metal does not boil over—a certain quantity of metal is given to Le Cheminant, and he had to account for the surplus at the end of the week—we allow for fair waste—I have had no particular disagreement
with him—there are generally jars with men in factories—I recollect his stating that I had had a lamp from the old metal—I had it made up for my own use, and I have it in use now—that is about two months ago—he has sometimes said, "I hope the lamp burns well," but pleasantly enough—the firm does not generally allow beer to the men who come for the ash, but the fore-man gave those men 6d. on that occasion—when I saw the prisoners they were going to a public—house—I think Le Cheminant has complained of Ayton several times—I believe it has reached Mr. Platow's ears, because I was ordered to look for another boy—he was what is called core-boy there.
Pye. Q. You stated you saw me and Cummins and Le Chemins and going into the public-house? A. You were going towards the public-house—you were on the door-step, all three together—this is the metal I gave out to Le Cheminant that morning—it is stuff that would have gone into the furnace and been melted down again, not that would be put in the ashes—this bolt I delivered to him, and this screw was a bad one, and I gave it to be melted again.
WILLIAM AYTON . I am core-boy at Messrs. Platow's—I saw Cummins and Pye come on the 29th of Aug. to load away the ashes, and Le Cheminant assisted them—Pye went into the ash-hole to throw the things in the basket, and Cummins was with the basket—while this was going on I saw Le Cheminant take metal off the bench and shove it in the basket—not what came oat of the ash-hole, he took it off his own bench—after it was put in the basket Pye chucked the ashes over it—Cummins carried it out to the cart—Le Cheminant and Pye helped the basket on Cummins's shoulder—when this large piece of brass was put into the basket, Le Cheminant said to Cummins," That is rather a heavy one."
Cross-examined. Q. He made that observation as he was helping the basket on the head? A. Yes—I was standing at the other end of the shop—there are two furnaces at one end, and at the other end they serve—it is not unusual for pieces of metal to be in the ash-hole, that run over from the pot, but I never knew such as these to be in the ash-hole—Le Cheminant and I have always been on very good terms for what I know—I am still in the service, I have been there twelve months—I am to remain there—no complaints have been made of me by Le Cheminant, nor to me by him.
JOHN EDNEY . I am servant to Mr. Pasco in Spitalfields. I went to Mr. Platow's to load away the metal-ash—Cummins brought out the ashes and shot them in the cart—he directed me to pick the metal out and put it into the nose-bag—I picked out the metal produced, and put it in the bag—when Pye came I asked what he was going to do with it—he said to sell it. and be asked what I wanted for my share.
Pye. Q. Did you not run away from the cart directly the foreman took the nose-bag off the cart? A. I went away directly you told me you were going to sell it, and asked what I wanted for my share; because I would not have anything to do with it.
Pye's Defence. I was at work down a hole five or six feet deep—the basket was at the top of the hole—I had to lift the dirt on a shovel—I saw no metal there—when the cart was loaded, I went to the cart—I saw no boy—I saw the foreman bringing the nose-bag down, but I did not know what he had in his hand.
JURY to JOHN OSBORNE. Q. What quantity of metal was delivered to Cheminant for his day's work? A. It is delivered out in bags, and the account is made out weekly—the average is from 6cwt. to 9cwt. a week—we weigh perhaps one bag 2cwt. and then another—we allow something—like 141bs. in a cwt. for waste—he is not expected to make good what is missing,
but it would be inquired into—this qdatilify of metal in a week's work would not have been missed—I do not think Ayton is acquainted with the complaints which have been made against him—it was of being late in a morning, but not for dishonesty—I think his impression was when asked about it, that his master had been informed of some dishonesty—Le Cheminant and the other men have complained of him—they work very hard, and they want him to work as fast as they do—it requires a very expeditioiu hand to ketep up with those men who work piece-work.
(Le Cheminant and Cummins received a good character.)
LE CHEMINANT— GUILTY . Aged 35.
CUMMINS— GUILTY . Aged 22.
PYE— GUILTY . Aged 26.
Recommended to mercy by the Prosecutor and Jury.— Confined One Month.
OLD COURT.—Saturday, Sept. 26, 1846.
Second Jury, before Edward Bullock, Esq.
GUILTY .— Confined One Month.
GUILTY . Aged 16— Confined Tvtehe Months.
1855. CHARLES MALLOY was indicted for breaking and entering the dwelling-house of Richard Savory, and stealing 1 flannel-waistcoat, value 3s.; 1 pair of socks, 1s.; 7 coats, 24s.; 20 pairs of trowsers, 20l.; 20 waist-coats, 15l.; 24 shirts, 7l.; 18 handkerchiefs, 3l.; 18 cravats, 1l. 10s.; 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; and that he had been previously convicted of felony.
GUILTY . Aged 26.— Transported Ten Years.
GUILTY .— Confined Eight Months.
GUILTY .— Confined Six Months.
1858. RICHARD TALBOTT was indicted for stealing 31 yards of satin, value 7l. 10s., the goods of George Evans, his master: also 16 yards of satin, 3l. 10s., the goods of George Evans, his master; to both of which he pleaded
GUILTY . Aged 27.
JOHN EVANS . I am waiter at the Jamaica Coffee-house, St. Michael's-alley, Cornhill. On the 23rd of Sept., between twelve and one o'clock, I saw the prisoner come in with a clock under his arm—he walked round the room, took up the newspaper, called for a glass of stout, which he drank, and
sat down to read the paper—I went behind the fire-screen to watch him, in consequence of suspicion—I saw him looking over the newspaper to the head waiter, who was talking to Mr. Palmer's son, who went into the subscription, room, and after he came out the prisoner went into the subscription-room, and sat down at the table against the umbrella-stand used by the gentlemen in the room—he had no business in that room—there is "Subscription-room" written over the door—he took a piece of paper and wrote something, then looked over the paper, to watch the manager of the room—I was on the stain, having a view of the room—I saw him get up and put his stick in the stand, and take an umbrella out—he then walked out—I called the waiter, who followed him down St. Michael's-alley—he turned back another way, and wai taken into custody with the umbrella.
Prisoner. I had an umbrella as well as a stick, and stood at the door ten minutes before I went out. Witness. He stood at the door a second, and then walked away, turned back again, and passed the door—he did not bring an umbrella in, and the stick he had was taken from the house the week before.
WILLIAM FARMER . I live in the Blackfriars-road, and was at the coffeehouse—I am a subscriber—I was in the subscription-room, and put my umbrella in the stand—the prisoner had no authority to take it—I was not in the room at the time it occurred.
Prisoner. I had no intention of stealing it.
GUILTY . Aged 30.— Confined One Month.
NOT GUILTY .
GUILTY . Aged 29.— Transported for Life.
NOT GUILTY .
Before Mr. Baron Platt.
MESSRS. BODKIN and CLARKE conducted the Prosecution.
MARY PARKER . I am the widow of the late Thomas Parker, and live in Whitechapel-road, and keep a beer-shop: On the 15th of Aug. I saw the prisoner at our house—I cannot tell the time, for since this happened my memory has been much impaired—it was between breakfast and tea-time—Yates was in the shop at the time—the prisoner had two baskets, one with herbs, and the other with black-coloured berries and a few nuts—I think there were nearly two gallons of black-coloured berries—they were round like black currants—they were like these now produced, but were quite fresh—when they are broken they are full of small seeds—I asked him what they were—he said they were, as I understood, nettle-berries—whether he said "wortle" or "nettle I cannot say—I said I had never seen them before, although I had lived u the country—he told me they were beautiful for eating, for tarts, puddings, or wine, better than black currants—I bought a pint for 3d., and picked the stalks
off them in his presence—he said sometimes he got them from the Surrey-hills but these he had fetched a long distance—he entered into conversation with Yates—I made a tart of them next day, of which both me and my husband partook—my husband very soon became drowsy—he went into the bar parlour and sat down—I made him a cup of tea—he took a very little of it—this was not more than half an hour after dinner—I experienced the same effect myself—my husband was taken up stairs—I afterwards heard him moaning—I went up, and his mouth was foaming—I sent for a doctor—I was afterwards taken ill myself—we were both taken to the London Hospital, but I was insensible—my husband expired the next morning, about ten o'clock.
Cross-examined by MR. CLARKSON. Q. Do you use bilberries? A. I never saw them—I have seen the berry of the Portugal laurel in the garden—that has a small eye at the top—it is a small red berry—it is like these in form, but it has a stone inside—I never saw the wortle-berry.
JOHN CLEMENTSON DAY . I was acting as apothecary at the London Hospital when the deceased was brought there—he appeared to be labouring under the effect of narcotic poison, and the symptoms were as if he had taken airofa-belladonna, as he had a remarkably dilated pupil and was frequently catching at objects, and his pulse was much accelerated, his face congested, and he was somewhat comatose—these were symptoms of his having taken airopa-belladonna—I made him vomit, and found from twelve to a score of the atropa-belladonna came from his stomach—the berries now produced are of the same description—he died in the hospital, and I have not the least doubt from the effect of that poison.
Cross-examined. Q. Did you ever see the atropa-belladonna growing? A. Frequently—I have none of the berries which came from his stomach here—the atropa-belladonna is not a very rare plant—I have seen it frequently in several parts of the country—it is called "the deadly night shade"—I know the difference between this and the woolly night shade, it resembles in form the Portugal laurel.
JOHN AYSCOCKS . I am a druggist and medical botanist—I live in Bethnal-green—I have known the prisoner four or five or more years, as a herbgatherer, a collector of medical herbs, he was employed by me—I consider him very clever—he collected the best herbs in the best manner—he was a man of skill in collecting them—I never employed him to collect belladonna—I ordered the wortle-berry of him at this time—they are sometimes called cranberries—he did not bring them to me, but called on the 15th of Aug., when I was out—wortle-berries are called in the country bilberry-herts—they are more like black-berries than the atropa-belladonna.
Cross-examined. Q. You are skilled in berries? A. I should not know the atropa-belladonna if I saw them as the man had offered them—they are stripped off the small leaf, which is something of the acorn cut—he was a harmless, inoffensive man—there is no distinction between the bilberry and the wortle-berry—he calls them hoccle-berries—there are no such things as nettle-berries.
COURT. Q. Are you well acquainted yourself with herbs? A. Yes, and with various berries—cranberries are not used in medicine—wortle-berries are sometimes called cranberries, but are not so—the wortle-berry is black when ripe—the foreign cranberries are red—I have never used the atropa-belladonna, except the extract of it—I should say they are a deadly poison—I have frequently seen them—they are too large for black currants.
----LEICESTER. I am assistant to Mr. Ayscocks—the prisoner called there on the 15th of Aug., to the best of my knowledge, a little before four o'clock, and brought two baskets, one containing herbs and the other berries—Mr. Ayscocks
was not in the way—he wished to know if I would purchase his herbs, which I did, and asked him what berries be called those in his basket—his first expression I think was, that they were nettle-berries—I never heard of such a berry—I asked him if they were nettle-berries—he said, "No," they were hoccle-berries, and at the same time recommended them for making pies—I do not know the atropa-belladonna—I think I should have recognised them as atropa-belladonna, if on the plant, as I have seen a description and engraving of it in medical works—I know the properties of it—I have been five years with Mr. Ayscocks.
JOHN YATES . I am a boot-maker, and live in Whitechapel-road. On the 15th of Aug. I was at Mrs. Parker's beer-shop, and saw the prisoner there—it was after my dinner, but I cannot state the hour—I thought it was between two and four o'clock—I usually dine at one o'clock—I consider it was half an hour after dinner or three-quarters—he told me these were hoccle-berries, that he got them about sixteen miles from London—I asked him if they were sweet—he said they were perfectly sweet—he said they were fit for making wine, or tarts—I said, "I am a countryman, and never saw such berries, but I will take one"—he gave me two—I ate part of one, and the other next morning—it produced a very nasty bitter afterwards.
JOHN DONAGHUE (police-constable.) The prisoner was brought to meat the station on the 20th of Aug., at Denmark-street, by a policeman—I said, "My good man, if you are identified as the party who sold those berries in Whitechapel last Saturday, you will be charged with having caused the death of a man, and the child is dead"—he said, "I was never in Whitechapel-road or that neighbourhood that day"—I directed the policeman to take him to Mrs. Parker—they returned, saying he had been identified as the man"—I said, "I don't want to question you, but you will remember the observation you made to me, denying being in Whitechapel-road that day"—he said, "I do deny it, and I will stick to it"—there were some ordinary black-berries at the station-house, in a basket—he said, "They may know me, but I don't know them; I never sell any berries but these" (taking out the blackberries, and eating them.)
Cross-examined. Q. Have you saved any of them? A. No—I do not know that the wortle-berry occasionally grows round the blackberry.
EDWARD WILLIAM SIMONS . I am chief clerk at the Thames Police Court. I took the depositions in this case—the prisoner made a statement which was signed by the Magistrate, but not by the prisoner—it was read over to the prisoner before it was signed—(reads—"I bought them of a man at the Elephant and Castle; whether the berries are poison or not I know nothing of; all the money I took on Blackfriars-bridge was 3 1/2 d.; what little of these things I had I was not the picker; I ate a dozen that very day.")
MR. CLARKSON called
WILLIAM RICHARD ROBINSON . I am a surgeon, and live at Shacklewell. I attended the deceased on the 17th of Aug.—his wife came for me—he did not represent to me what he had taken—I found him with a bowel complaint, but it was too late for me to know what it arose from—I know that Ann Trotman, who lives in the same house as him, is on a bed of sickness, and unable to attend.
MR. BODKIN. Q. Have you attended persons who have taken poison of this kind? A. No, not atropa-belladonna—it would produce nausea, vomiting, and perhaps coma— I do not think it would cause a bowel complaint—it would depend very much on the quantity—one or two bernes might produce that.
COURT. Q. Might any of the berries get down to thu bowels without
affecting the person? A. Not even one, without producing nausea—it would produce at first irritation in the stomach.
Q. Would it not continue that irritation if it passed downwards? A. I cannot contemplate it doing so without producing nausea—if it produced nausea on the 15th, it might get below afterwards and cause purging—it produces activity in the stomach as well as comatoseness without, and that would produce purging.
GUILTY of Manslaughter. Aged 55.— Confined Six Months.
THIRD COURT.—Saturday, September 26th, 1846.
Fourth Jury, before Edward Bullock, Esq.
MESSRS. BODKIN and HUODLESTONE conducted the Prosecution.
GEORGE PLUMBRIDGE . I live at Hampton, and am employed under Mr. Ryalls, the foreman of her Majesty's river there—it is called the Longford river, and sometimes the Hampton-court Cut—it goes through the Palace gardens, and belongs to the Queen—on the 1st of Sept., a few minutes after six o'clock in the morning, in consequence of information, I went towards the cut—when I got in sight of it I met Piper—he pointed out the prisoner and James Lee to me—I subsequently saw Mr. Jepson—I went to the place where I had seen the two men, and afterwards, about eight o'clock in the evening, I saw dozens and dozens of fish dead and dying in the water—I took someof them out, and afterwards saw them opened by Mr. Jepson and Mr. Benbow—when I first saw the men they went from the banks.
MATTHEW RYALLS . I am in the service of the Queen, and am foreman of the works on the banks of Her Majesty's river, the Hampton-court Cut—the Queen has a private right of fishery in that water—nobody has a right to fish, unless they have leave from those whom the Queen deputes—on the 1st of September, a little after six o'clock, a little boy made a communication to me, in consequence of which I went to the river and saw Plumbridge—Mr. Jepson sent for me about eight o'clock, and I saw some dead fish lying at the bottom of the water—I am the person to look after the fish—the prisoner had no business to be there—it is running water—it is usual for fish that are poisoned to sink, after they have floated a little while.
WILLIAM SINGLETON . I am a grocer, and live at Hampton. On the 31st of Aug., about seven o'clock in the evening, I was fishing with a line on the bridge near the Hampton-road—I saw the prisoner at the Hampton-court Cut, take some fish out of the water and give them to James Lee—I saw several fish swimming in a stupified state, some dead, and some dying.
HENRY JEPSON . I am a surgeon, and live at Hampton. On Tuesday morning, the 1st of Sept., between six o'clock and a quarter-past, I was fishing with a line in the Hampton-court Cut, by permission of Mr. Jesse, the superintendent of palaces—I saw George Plumbridge—he asked me if I had seen any person on the bank—I said no—I afterwards, at about a quarter-past six o'clock, saw the prisoner and James Lee standing on the bridge, which is a public thoroughfare over the cut, and looking into the water—I did not notice any fish at that moment, but in a few minutes I saw some Ijing dead at the bottom, in the middle of the stream—it was shallow water and clear—I could see them distinctly—I afterwards saw a great many more, some dying, and some dead—they appeared to be under the influence of some
narcotic—under that impression I took some out, and took (hem home—they were very large roach, one about a pound weight—in the evening I examined them, and found the stomachs of three of them stained with a deep yellow matter, which is a peculiar property of the coceulus indicus—two others were gorged with a paste composed of coceulus indicus—I compared it with some coceulus indicus afterwards—Mr. Benbow was present—I have not the slightest doubt in the world that the fish had taken coceulus indicus—the stomachs of some contained coceulus indicus, in an undigested state—my impression is that the fish stained with the yellow dye, had taken the poison at an earlier period than those who had it in the form of a paste—those stained with yellow were dead—those which contained coceulus indicus were almost dead—if coceulus indicus had been put into the water the night before, that would account for some fish being in a more advanced state of poisoning than others—when dead they would sink to the bottom.
GKORGE HENRY BENBOW . I am a chemist, and live at Hampton. On Monday, the 31st of Aug., between two and three o'clock in the afternoon, the prisoner came to my shop for some coceulus indicus—he did not ask for it by that name—I do not remember the name he called it—it is called by so many names—it was the common name—but I sold him half an ounce of coccnlus indicus—he did not say what he wanted it for—before he left the shop I cantioned him—I told him it was transportation to use it—I did not say what for—I was present when Mr. Jepson opened the fish, and agree with him in what he has stated—I am satisfied that what was found was coceulus indicus—I know that it is sometimes mixed with dough and put into the water.
ANN COX . I live with my father and mother, at Hampton—I know the prisoner. On the 31st of Aug., between three and four o'clock in the afternoon, I went to the place where he lived, for some purpose, and saw him and a person named Jim Lee, mixing up something brown with spme dough, into a little ball, with a cup and some water.
THOMAS RATFORD (police-constable V. 109.) In consequence of a warrant I searched for the prisoner—I apprehended him on Wednesday morning, at New Hampton—James Lee was with him—I was in plain clothes—as soon as I saw them, Lee made his escape over Bushy-park wall, and has not been heard of since—I took the prisoner.
ROBERT TILTHORPE . I am a labourer, and live at Hampton. On the 1st of Sept., a few minutes after six in the morning, I was near Hampton-court Cut—I saw the prisoner on the same side as me, at some distance from the bridge—there was another man on the other side of the water—the prisoner was walking on the bank—he spoke to me, and I am sure it was him.
Prisoner's Defence.—I never chucked any stuff in.
GUILTY on the two first Counts. Aged 19.— Transported for Seven Years. (Mr. Bodkin stated that the prisoner has been ten times in custody, ana several times convicted of felony.)
TUCKER— GUILTY on 2nd Count. Aged 17— Confined Six Months.
DAVISON— GUILTY on 2nd Count. Aged 16.— Confined Four Months.
DAVIS— GUILTY . Aged 26.— Confined Twelve Months.
STEPNEY— GUILTY . Aged 20.— Confined Six Months.
SMITH— GUILTY . Aged 65.— Confined Six Months.
MASLAM— GUILTY . Aged 16.— Confined Four Months.
GUILTY of a Common Assault. Aged 32.— Confined Three Months.
HANNAH NEWTON . I am the wife of William Newton, a butcher, at Hackney. On the 5th of Sept., my little boy took out a goat's-chain to play with—I heard that there had been a dispute between him and the prisoner about the chain—I went to the prisoner's house—he was not at home—when he came home I asked him for the chain—he said I should not have it—he should not give it up till my little boy had given him a book which belonged to his boy—I said I had not seen a book, but if there was such a thing I would give it up when I got home—I have never seen it—he told me to get out of his house—I was standing in the passage of the house at the front door—he only occupied two rooms—other persons have a right to the passage as well as he—I was not in his room—I said I should not go till I got the chain—he laid hold of my arms, put his nails into my arms, and pushed me against the wall twice—he then threw his arms round my neck, threw me against the wainscot, and then kicked me in my back while I was on the floor—Mr. Hockley's sisters were there—some one rose me up by my gown, and some one said, "Get up you b—, you are not hurt"—Hockley put his arms round me, and took me to my door—two females put me out of the door, not the prisoner—I was thrown down a second time by the prisoner, and kicked in the body, but I do not know who by—I was senseless—I was carried home, and a doctor was sent for.
Prisoner. Q. Did not I ask you to go out seven or eight times before I took you by the shoulder? A. No, you only asked me once.
WILLIAM NEWTON . I am twelve years old, and live with my mother. I went with her to the prisoner's house about the chain—I stood outside while my mother went in—the door was open—I saw the prisoner take hold of my mother's arms, knock her against the wall, put his hand round her neck, throw her down, and kick her in the body—the door was then shut by the prisoner—a man brought ray mother to the door, and opened it—I went for a policeman, who came and took the prisoner into custody—a man and woman took my mother home.
Prisoner. You said at Worship-street you saw me through the key-hole. Witness. That was while the door was shut.
SAMUEL HICKSON . I am a hatter, and live in Victoria-street, Hoxton. On the 5th of Sept., about ten minutes to one o'clock, I was coming out of my house, which is in the same street as the prisoner lives—I saw several people, and heard a cry of "Murder!" I went, and saw Mrs. Newton standing against the wainscot in the prisoner's passage, crying and moaning, as if she was seriously hurt—I had scarcely been there a minute when the prisoner came, took her by both arms, and gave her a severe shaking—he threw her down and kicked her several times in the lower part of her stomach—that was the second attack—I did not see the first—a man was heard coming down stairs, and the prisoner then caught hold trf her, pushed her out into the street, took her about two or three houses off, and left her there—I saw the prisoner talking to two or three persons afterwards—he smiled, and seemed to make a deal of fun about
it—a man and woman assisted Mrs. Newton—she was not able to walk, and a chair was brought—she placed both her hands as if she was injured in the lower part of her person—I should say she was very much hurt indeed—I saw more than three or four kicks—I did not know the prisoner or prosecutrix before.
GEORGE FROST (police-constable M 254.) I went to Victoria-street, and saw Mrs. Newton—she was very faint, and in great pain—I took the prisoner into custody, and told him the charge—he said Mrs. Newton came to his house about a chain, and refused to go out, that he took her by both arms and put her out.
SAMUEL GARROD . I am a surgeon, and live at Hackney. On the 5th of Sept., by Sergeant Hockley's request, I went to Mrs. Newton—she wasjnst recovering from syncope, from excess of pain—on examination, I found on the left side of the abdomen great tumefaction—her arms appeared as if a person had nipped them with his nails—it is most likely kicks or blows produced the wounds.
Prisoner's Defence. I did not kick or strike her, I only turned her towards the step of the door, and told her to talk as abusive as she liked on the step; an old man put me out of the house, and she must have received her injuries after that.
GUILTY of an Assault. Aged 27.— Confined Six Months.
GUILTY . Aged 21.— Confined Six Months.
WILLIAM BLAND . I am a waterman, and live at High-street, Wapping. On the 18th of Aug., about a quarter-past one o'clock I was in my boat, twelve or fifteen yards from New Crane-dock, and saw the prisoners—Fittgibbons got out of a boat, got into the firm's boat, got up the pile, and went to the copper—I sang out, "If you touch that I will acquaint the foreman"—he flung the copper into the boat, and both prisoners went away with it—I told the foreman.
Prisoner Fitzgibbons. Q. Was not I rowing in my boat when you said you would acquaint the foreman? A. You were on the edge of the upper side of the dock.
FRANCIS DRURY . I am foreman to Mr. Charles Tebutt—there are four partners—they are ship-builders, at New Crane-dock, Shadwell. On the 18th of Aug., Bland called my attention to the metal sheathing of a rudder, which had been stripped—it was on the edge of the dock, and was under the care of Messrs. Tebutt and Co.—I know very little of Fitzgibbons, but know Murphy well, and have had to give him into custody for a similar offence—I do not know that I saw him there that day—the property has not been found.
Murphy's Defence. I was not there that day; I was at home ill.
Fitzgibbon's Defence. I may have been seen near the premises, as I am employed at the gas-works near.
(The prisoner Fitzgibbons received a good character.)
MURPHY— GUILTY . * Aged 17.— Confined Four Months.
FITZGIBBONS— GUILTY . Aged 19.—Recommended to mercy by the Jury, Confined One Month.
WILLIAM THOMAS TAYLOR . I am a mineral tooth-maker, and live in Brook-street, Bridge-road, Hammersmith. The prisoner was in my service—these artificial teeth produced are mine—they are in an unfinished state, and are worth 2l.—the prisoner was not employed on the premises—he came backwards and forwards for orders, or material to work with—my nephew has asked him into the parlour, where the teeth were kept, in a little drawer, which is not locked—they were safe before the 5th of Aug.—I missed them that day.
Prisoner's Defence. Mr. Taylor and I were in the habit of drinking together. On this morning, between eight and nine o'clock, he came to my lodging with me; he laid on my bed, and the teeth came out of his pocket, being intoxicated; I took them up; I kept the teeth until he might ask for them; he employed me to teach him the American style of making the teeth.
GUILTY . Aged 24.— Confined Six Months.
ANN RUSS . I am a widow, and live in Baker-street, Commercial-road—it is not an improper house—I let it out in tenements—I told the Magistrate I did not know who I let it to—the prisoner was my servant—on the 10th of Sept., about seven o'clock in the evening, I was lying down on the bed, in the parlour, and fell asleep—the prisoner was in the parlour, putting on the kettle—I had three half-crowns, six shillings, sixpence, and two or three halfpence in ray pocket when I went to sleep—when I awoke up, the prisoner was gone, money and all—she never came back—next day I was told she was at the public-house—I found her there—I told her to come out—she said she should not—I caught her by the shoulder, and said, "I am a widow; if you will give me two or three shillings I will forgive you"—she said she would not—she was very tipsy—she could hardly walk—I brought her out—she had five or six shillings in her bosom—she swallowed five shillings—she had a half-crown in her hand, which she tried to put into her mouth—it dropped down in the street—I picked it up, and gave her in charge.
Prisoner. Q. Did I not leave you in the morning, and give you up the key of your parlour-door? A. No.
GEORGE FORD (police-constable K 341.) On the 11th of Sept., about two o'clock, the prisoner was given into my custody—I asked what made h"r take the money—she said she took it because she liked it—she was searched at the station—the person is not here who searched her.
Prisoner. Q. Was I drunk? A. Very; you could hardly walk to the station—the half-crown was given to me—I do not know whether you dropped it.
JURY. Q. Do you know the house? A. Yes, it is a very quiet house, but it is a brothel.
Prisoner's Defence. The person who lives in the kitchen, said that the prusecutrix was gone out and was not coming home any more, and had requested
that I should not have the key of the parlour-door; I went with her to the Bedford Arms and got the money from my husband there; the prose-cutrix keeps a brothel, and got me to do for the girls; she said, "Ann, I cannot afford to pay you any money, but you are welcome to stop with me till you get a situation;" I never had a piece of her money.
NOT GUILTY .
MARTHA WATSON . I am the wife of John Watson, of Mitcham-street—the prisoner lodged with me—on the 19th of Aug. she left without notice—she never came back—I missed a shawl from my room—this is it—it is mine.
Prisoner. When I left your door I told you I would put your shawl on; I did so. Witness. You did not—I did not know you had it.
Prisoners Defence. I pledged it through distress; I did jiot intend to keep it.
JOHN HALL (police-constable D 64.) I produce a certificate of ttie prisoner's former conviction—(read Convicted March, 1845, and confined six days)—I was present at the trial—the prisoner is the person—her master recommended her to mercy, and spoke very highly of her—I know her to be connected with a notorious thief.
GUILTY . Aged 21.
1875. MARY O'BRIAN was again indicted for stealing two petticoats, value 8s.; 2 night-gowns, 8s.; 1 shirt, 15s.; and 1 apron, 9d.; the goods of Jane Garrett, her mistress; and that she had been previously convicted of felony.
JANE GARRETT . I am single, am a laundress, and live in East-street, Marylebone—on Saturday, the 15th of Aug. I went out of town—the prisoner had been washing for me before I went—I engaged her to be at my place, on the following Monday, to collect the things and wash them—I was away from Saturday till Wednesday—when I came back I looked over the washing book—I missed two petticoats, two night-gowns, a shawl, a pair of stockings, and a table-cover, which had been sent to me to wash, and two aprons of my own—I did not see the prisoner till she was taken.
ANN GRAVES . I live in Mrs. Garrett's house—on the Monday after she went out of town I went with the prisoner to collect the clothes—I returned home, and compared the things we had collected with the books—they were all perfectly right.
ELIZABETH LEONARD . I am the wife of James Leonard, of Gray's-buildings, Marylebone—on Saturday, a fortnight before the 7th of Sept., the prisoner brought me three pawnbroker's tickets, for two bed-gowns and a flapnel petticoat—she said they were her own and asked me to sell them—I sold them to Mrs. Geary for 1s., and gave the prisoner the money—I should know the tickets.
HONORA GEARY . I gave Leonard 1s. for the tickets—I went to Mr. Neat, the pawnbroker, next door to my own house—I took out a night-gown and petticoat—I afterwards pawned them at Mr. Tomlinsun's for 4s.—on the
Friday or Saturday afterwards I gave the third ticket to the owner—these are two of the tickets.
GUILTY . Aged 21.— Transported for Seven Years.
1876. MARY EVANS was indicted for stealing 3 blankets, value 1l.; 5 window-curtains, 2l.; 1 sheet, 3s. 6d.; 6 coats, 18s.; 3 pairs of trowsers, 13s.; 1 bracelet-snap, 1l. 5s.; 1 pair of ear-rings, 16s.; 1 ring, 4s.; 1 eardrop, 4s.; and 3 pillows, 18s.; the goods of Rosetta Lyons, her mistress.
ROSETTA LYONS . I am a widow, and live in Mount-street, Whitechapel. I am in the wholesale clothes line—the prisoner was in my service from the 30th of July to the 26th of Aug.—she left on that day—on Monday, the 24th she said, "Mistress, there is a new sheet stolen from the drawers down in the kitchen," and on the Tuesday morning she said, "What did those sheets cost you?"—I told her what they cost—she said, "Don't make any bother, I would rather pay you the money"—I said, "No, don't do that, if you pay me for it, I must consider you have stolen it, and give you in charge"—she asked me if I would advance her some of her wages—I advanced her 5s.—early next morning a knock came, I got up, and went down stairs—the prisoner said, "Mistress, did you hear that knock at the door?"—I said, "Yes"—she said, "It was a message for me, I have a cousin dying; they wish me to come and see the last of her"—I said it was impossible she could go as she had a very heavy wash—at a quarter to eight I allowed her to go for twenty minutes—she never came back—at ten I went up stairs to the first floor bedroom, and found the lady who lived there had got strange blankets on her bed that I had not seen before—they did not belong to me—I made a search, and missed the articles stated in the indictment—I have found the curtains, and one blanket, and a blouse, at the pawnbroker's—I cannot say whether the window-curtains were safe when she left—they were on the Saturday before—I did not see her again till she was apprehended—the purse was found in her possession, and that made me know the jewellery was gone—the earrings were in it—the trowsers and coats were for sale in the warehouse—she had access to the warehouse at times, as the door was open—(articles produced)—this is a new blouse—it has my private mark on it—it belongs to my son—I had sold it him—these curtains are mine—they were taken from a cup-board in the bed-room—this is one of the blankets—the value of the whole is 5l. or 6l., without the blouse—I could not trace the jewellery.
Prisoner. When I first came into your service you were ransacking your drawers, and said you thought your son had taken some things, and said you. did not accuse me of it; and he said he took them; the things I did take I was compelled to take for victuals for you and me; there was no master to
the house; you told me to say there was a master, because a gentleman used to visit you in the middle of the night. Witness. It is false, I did not tell you I lost the jewellery before you came to the house—my son is at an or-molu makers—he said the cups on the mantelpiece were valuable, and would fetch 6s. each—I said I had no objection to sell them—he took them away with my permission, and has them now for sale, but he did not tell me he was going to take them on that day—I did say to him, "Why did not you tell me you had taken them."
HENRY GARDNER . I am in the service of Mrs. Hare, a pawnbroker, in the Whitechapel-road. I produce two curtains, a blouse, and a blanket—I believe the prisoner pledged the blanket—I am not quite sure—it was a woman—I gave her a duplicate.
GEORGE BELL (policeman.) In consequence of information, I went to a house in Petticoat-lane, and found the prisoner—I told her she was charged with robbing her mistress—she said she knew nothing about it—she was lying on the outside of a bed with her clothes on—it was half-past eight in the morning—I said something about searching the room, and told her to get up—she reluctantly rose—I noticed her left hand drawing something from under the side of the bed—I said, "What is that you have in your hand?"—I laid hold of it, and took from it two purses, one containing duplicates and pawnbrokers' affidavits—the duplicates related to Mrs. Lyon's property—these are them—some of them relate to the curtains and blankets.
Prisoner's Defence. I was compelled to do it to keep myself and three children; my mistress used to go out in the day, and not come home till late at night.
GUILTY . Aged 25.— Confined Twelve Months.
JAMES BULGER . I am a glass-blower, and live in Rosemary-lane. On the night of the 5th of Sept. I was at the Nag's Head, on Tower-hill, between asleep and awake—I had been drinking, bat was not the worse for liquor at all—I had my head on the table—I had two half-crowns in my pocket—I felt a person's hand in my pocket—I awoke up, and saw the prisoner not more than two yards from me—she moved to the other side of the room—I had not seen her there before I went to sleep—I saw two half-crowns in the prisoner's hand, I put my hand into my pocket, and missed my money—I spoke to the prisoner about it—she used very abusive language, and would not give it up—she made for the door, and said she would call a constable—we both walked together out of the house, and met a constable at the corner of the Minories—neither of us called him—I have seen the prisoner at the house before—there was another girl or two there.
ANTHONY LEONARD (police-constable H 123.) I took the prisoner—I asked her if she had picked his pocket of two half-crowns—she denied it—before she was searched at the station she denied having the money—she had been drinking.
MARY HORAN . I search prisoners at the police station—the prfsonerwas brought there—I asked if she had any property of the man's—she said she had none—I was in the act of undressing her—she dropped a half-crown out of her sleeve into her hand and gave it me—I continued undressing her, and saw
something closed in her band—I asked what it was—she said it was a penny—she would not let me have it—I tried to force her hand, when she clapped it in her mouth—I called for assistance—the inspector came, he put his finger in her mouth and took out half-a-crown.
Prisoner's Defence, The prosecutor and I had been larking together; I thought he would think nothing of my making free with him; I did take it, but never intended to keep it; we were in the habit of playing with one another; the young woman he was with was a companion of mine.
GUILTY . Aged 25.— Confined Three Month.
GEORGE TREW (City police-constable, No. 26.) On Saturday last, about half-past six in the evening, I was at the Aldersgate-street end of Long-lane—there was a crowd around a woman—I saw the prisoner behind the prosecutor, and saw him take his hand from the prosecutor's pocket, unbutton his own pocket, and shove something down between his legs—I was in plain clothes—I asked if the prosecutor had lost anything—he said, "Yes, his handkerchief"—I went with him to the prisoner, and asked if he had got it—he said, "No"—I put my hand to it in his trowsers—he said, "That is my shirt"—I took out the handkerchief.
Prisoner's Defence, I picked it up in the City-road.
GUILTY . **†— Confined Twelve Months.
NEW COURT.—Saturday, September 26th, 1846.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 16.— Confined Six Months.
GUILTY . Aged 22.— Confined Three Months.
GUILTY . Aged 40.— Confined Three Months.
1882. JAMES FISK was indicted for stealing 1 sheet, value 1s., the goods of Emily Fisk; and 1 shawl, 10s., and 1 hankerchief, 2s.; the goods of Elizabeth Seaborn; and that he had been before convicted of felony, to which he pleaded
GUILTY . Aged 20.— Confined Nine Months.
GUILTY . Aged 27.— Confined four Months.
1884. MARY ANN SULLIVAN was indicted for stealing, on the 18th of Sept., 29 yards of printed cotton, value 14s. 6d.; the goods of Mark Collins and another; and that she had been before convicted of felony; to which she pleaded
GUILTY .— Confined Six Months.
1885. EMILY WILCOX was indicted for stealing 2 yards of linen-cloth, value 4s.; 1 apron, 1s.; 2 handkerchiefs, 2s.; 1 yard of ribbon, 2d,; 1 spencer, 3s.; 1 pair of gloves, 4d.; 1 pair of scissors, 2d.; and 1 book, 1s.; the goods of Henry Crocker, her master.
HARRIET CROCKER . I am the wife of Henry Crocker—the prisoner was in our service—I spoke to her about an apron, a handkerchief, and some ribbons, which I lost—she told me to come and look in her box—I found there an apron, a black velvet spencer, a pair of scissors, some gloves, and other things—I sent for an officer, who took her.
Cross-examined by MR. O'BRIEN. Q. How long had she lived with you? A. Three weeks and a few days—she opened the box herself, and said, "See what is in it"—I cannot say whether it was locked—there were no other persons in the house but my children—I had given her warning, but she made up her mind to remain again.
NOT GUILTY .
HENRY HAMPSTEAD . I am assistant to Mr. James Aldous, of Hammersmith—the prisoner was in his service—on the 4th of Sept. I was talking to a person at the door—I had occasion to look round, and saw the prisoner at the cash—box, which contained the gold, on the back counter—he had one hand with the lid up, and the other hand in the box—I asked what business he had there, and what he had taken—he said, "Nothing"—I told him to empty his pocket—he pulled out some halfpence—I took them, and found the half—sovereign amongst them—I knew it by a mark on it—I had put it in the box the day before—I said I could swear to the half—sovereign—he took me by the arm, led me in the parlour, and said he hoped I would not mention it—it was his first offence, and he begged I would forgive him—I said, "Get out of the shop; you will be the ruin of me and my family"—I told him to get his dinner and go—he went up stairs.
Cross-examined. Q. How was your family to be ruined? A. I am bound to make good any losses—I must account for all the stock—there are some thousands of pounds—I told him to be off about his business, or I would kick him out—I received this half—sovereign in the way of business—I had five of them on Monday morning—I do not know why I noticed this mark, but looking at the money I noticed a mark on the Britannia side—a half—sovereign could not be missed, but the accounts were short that day, and the day before—the prisoner's boxes were searched—he is not charged with stealing anything that was in his boxes—he was not searched—when I saw the prisoner at the box, and he took this out, I was talking to Mount—I left him and went in when I saw the fact—I did not bid Mount good morning—he was not close by at the time—he was gone—it was a full hour afterwards before he came
and took the prisoner—I was not employed during the whole of that time in intreating the prisoner to confess—I was not with him no more than to take up his dinner—I said, "You had better have your dinner before you go"—I sent for Mount to see if there was anything in his boxes, not about the half-sovereign—when Mount came he said I should not give this half—sovereign up—I said, "I have no proof that this young man has robbed me; how shall I make out the case"—I did not wish to give him in charge.
NOT GUILTY .
GEORGE ALEXANDER STRAND . I am clerk to Mr. Charles Curtis, a distiller, at Mile—end. I have had some bottles of gin given to me—I tasted the gin—I believe it was the same as we had in the butt in the distillery—Payne said he took it from the distillery, and gave it to Hurry, and Hurry took it into the stable—the bottles which were found are my master's—the prisoners were our carmen.
Cross-examined by MR. BALLANTINE. Q. Payne had been with you seven or eight years? A. Yes, and Hurry about eight months.
GEORGE COSTER . On that evening, about seven o'clock, I saw Hurry go to the still—house door with a pail—Payne took the pail of him, and drew some gin out of the cask, and took it to Hurry, who was at the door while he was drawing it.
HURRY— GUILTY . Aged 28.
PAYNE— GUILTY . Aged. 40.
Confined Ten Days .
MR. CLARKSON conducted the Prosecution.
WILLIAM EDWARD GIBBS . I reside in Argyle—square. On the evening of the 12th of Sept. I had been dining at home with some friends, and taken too much wine—in the course of that evening I met the prisoner, and went with her to a house of accommodation—I had my gold watch with me—I laid it on the table—after being there some time I made her a compliment—we came out together, and soon after separated—I observed her return to the house where we had been, and when I got home I recollected that I had left ray watch—I went back to the house—the prisoner and my watch were gone—this is my watch.
Cross-examined by MR. HORRY. Q. How long were you with her in this house A. I suppose half an hour—I recollect that I laid my watch on the table—I cannot swear whether I gave it to the prisoner to lay it on the table—she walked with me to the New-road, about fifty yards—I do not suppose I shook hands with her when I left her.
MR. CLARKSON. Q. Before you finally separated, did you see her go back to the house? A. Yes—I may have handed the watch to her to put on the table—I certainly did not say to her, "Here is a watch for you"—I went back for it in half an hour.
JOHN HUGHES . I am assistant to Mr. Dobree, a pawnbroker, in Charlotte—street. This watch was brought to me on Saturday, the 12th of Sept., by the prisoner—she asked to have 5l. advanced on it, or more if I could—seeing it was valuable, I asked who it belonged to—she said it was her husband's—I
said I should like to see her husband on the subject—she went to the door, and called a man in, whom she said was her husband—he said in her presence, that it was his—I refused to deliver it back to him—I went to the door, to look for a constable, and while I was looking for one, the prisoner and the man went out at the other door.
Cross-examined. Q. She laid down the watch, did she not, and asked what was the value of it? A. No—I did not tell her the value—I cannot say how many persons I saw after she was in the shop—it was Saturday night—I saw a great many people before her.
WILLIAM TOMLINSON (police-constable E 87.) On Saturday night, the 12th of Sept., the prisoner came to the station—she said she had been to offer a watch in pawn at Mr. Dobree's, and they would neither take it in pawn nor give it her back—I accompanied her to Mr. Dobree's—I saw Mr. Hughes, and he gave the account he has to-day—I took the prisoner—I never saw her husband.
COURT to WILLIAM EDWARD GIBBS. Q. Did the prisoner go back to the house? A. It was at the door of the house she went back, and she cane out again in a minute—she passed by me.
(The prisoner received a good character.)
GUILTY . Aged 27.—Recommended to mercy by the Prosecutor. Confined Four Months.
1889. GEORGE BROWN was indicted for stealing 1 flag, value 15s.; and 1 knife, 1s.; the goods of William Henry Goddard, in a vessel in the port of London.—2nd COUNT, stating them to be the goods of Philip Palot; and that the prisoner had been before convicted of felony.
GEORGE WILSON . I am a police—constable employed at the East and West India Dock. On the 10th of Sept., at a quarter before five o'clock, I was on duty at Limehouse-basin entrance—I stopped the prisoner coming out—I asked if he had anything about him—he said he had not, but on lifting up his smock, I found this knife sticking in his belt, and this flag wrapped round his person—he said he had been employed on board the Sam Slick, and got them from there—he said the knife was his rigging-knife.
JOHN PALOT . I am the son of Philip Palot—I belong to the Sam Slick I—Philip Palot is the master—the owner is William Henry Goddard—I know this flag and knife—they belong to him—the prisoner had no business with either of them—he was a rigger on board the vessel—he did not sail with it.
Cross-examined by MR. HORRY. Q. Is it a knife that may be used in rigging? A. No; it is a common table-knife—this flag is a Union Jack—I know it by this knot, which I put in it myself on the Queen's birth-day—it is my father's.
THOMAS WATKINS (police-constable K 310.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 3rd of February, 1845, and confined four months)—the prisoner is the person—he was in custody seven years ago, and was sentenced for seven years, but the officer who had him then has left the force—since he has been home he has been a regular associate with thieves.
GUILTY . Aged 29.— Transported for Seven Years.
3rd of Sept. I missed these articles—I asked the prisoner about them—he said he knew nothing at all about them.
Cross-examined by MR. DOANE. Q. None of them are yours? A. They were in my charge—this coat belongs to Mr. Harcourt, and this other we have not found the owner for—this cigar-case and tin box are Mr. Harcourt's—Mr. Harcourt puts up his horse and chaise at Mr. Grisewood's—this coat was in Mr. Grisewood's private counting-house—this other one was in the ostler's room—the prisoner was employed as horse-keeper, and to clean the harness—he had been there about six months—we had no fault to find with him—this coat is a good-looking one—I never knew the men to take a coat to make a figure in on a Sunday—the prisoner did not say he merely took it to wear.
JAMES BRANNAN (police-sergeant G 20.) I took the prisoner on Monday, the 7th of Sept. at the stable—I told him I took him on suspicion of stealing a coat—he said he knew nothing about it—he afterwards said Mr. Worth lent him one—I went to a house close by, and the prisoner gave me this coat from under a bench—I told him he was suspected of stealing another—he said he knew no more about it than I did—I went to the Ship public-house—I there received this other coat and the articles produced—the prisoner said he took them, and it was entirely through that woman—I don't know what woman he meant—he asked if I thought his master would go against him, and said if he got out of that scrape he would never get in another—he bears a good character.
Cross-examined. Q. He was in the habit of coming there? A. He used to bring in a piece of steak to cook, but my mistress told him not to come—I am not now living at the Ship—I gave warning—I made the tea in the parlour, and I certainly did take a little wet tea from the tea—pot.
GUILTY . Aged 28.— Confined Four Months.
MR. DOANE conducted the Prosecution.
FRANCIS MOUNTJOY MARTYN , Esq. I am captain in the 2nd regiment of Life-guards, and have been so for many years—I purchased this watch in 1834 of Mr. Veyreo in Pall Mall—it was made for me, and is a very curious watch—it has a chronometer movement—I paid 45 guineas for it—I lost it certainly more than nine years ago—I was married in Aug. 1837 and it was lost previous to my marriage—the prisoner was at that time a private in my troop—he continued in the regiment till the Dec. following that Aug.—I communicated the loss to my brother officers and to the company—it was—well known that I had lost a very curious gold watch—I was not in the habit of wearing it when I was in uniform, nor when on parade—I then left it in my room—I heard nothing of this matter till the prisoner was taken—the next time I saw the watch was last Sunday—I recognized it instantly—it had either my crest or my initials on the back, I do not know which—but they have been erased.
Cross-examined by MR. BALLANTINS. Q. May you have lost this watch on parade? A. In the barrack—yard I might have lost it.
beginning of June in the present year—he was going into a beer-shop which he now keeps, and wanted to raise some money to fit it up—he said to me that he had a gold watch in his possession, but he was afraid to dispose of it—that it had formerly belonged to one of the officers of his regiment, and that he had picked it up on the parade, that it was a very small gold watch, and he would send it me to look at—his wife came with it about a week afterwards, this is it—it was in this bag—it continued in my possession about a month or six weeks—his wife came to me one evening crying, and said she dare not go home without it, as he had sharpened a knife at tea-time, and said he would kill her if she did not bring it back—she went back with it—that is about a month ago.
Cross-examined. Q. You are some connexion of the prisoner's? A. Yes, he married my aunt—he had not known me previously to that time—this is not my prosecution—I believe it is the captain's—I wrote to the captain about it—I had this watch for six weeks without saying anything about it, but I discovered it had been stolen—I went to Mr. Veyreo to trace whose watch it was, three weeks or a month ago, after I had given the watch up—the prisoner told me I must be careful about how I sold it, it was the property of an officer in his regiment—I handed it back because it was requested—I made no charge at long as it was in my possession—I did not shew it to any one in particular—I did not make it known—in the summer we are very busy—I was not offended with him for marrying my aunt—I have been annoyed by his loose language, not about any account between me and him—I had heard from other people that he said I owed him 22l.—he never told me so—I do not owe him a farthing—no demand of 29l. has been made on me—I have had 14l. worth of goods of him—I had paid him for them before—I had paid for painting his house, and he had goods of me beside—I had goods of him immediately after he went into the house, and about three weeks afterwards I gave up the watch—I had the watch when I paid the painters—I did not know he had stolen it—I had entered into the contract to paint his house—I shewed the watch to several jewellers and watch—makers who were customers.
AUGUST HUGUNNI . I live in Grove—cottages, Holloway—I am a watchmaker—I know Mr. Burke—a customer took me to his house to have a glass of ale, and Mr. Burke showed me this watch—that is two or three months ago.
Cross-examined. Q. Did he tell you how he came by it? A. No—what I heard say was, it was offered to him to buy—he asked me the value of it—I said I was not able to say what it was—it was in a state of dilapidate—it would not suit him at all.
CHRISTOPHER NORTH (police-sergeant No. 17.) I went to the prisoner's house on Saturday night week—I found him in a beer—shop at Holloway—I said I must take him into custody for stealing a gold watch, the property of Captain Martin—he said, "Very well, I will go with you"—he said he never had a gold watch in his life, he never was worth one, his wife had a gold watch, and he did not know how she came by it—he said he had two watches, one metal and one silver—I took him to the station—I left another officer in the house—I returned to his house—I had seen Haynes and the prisoner's wife there when I first apprehended him—when I returned Haynes was still in the house—I asked her some questions about the watch, and in consequence of what she said I accompanied her to her house in Ford's—place——she got into the house first—she turned round and immediately gave me this bag and the watch in it.
Cross-examined. Q. How long is it since you recollected that he said his
wife had a gold watch? A. He said if his wife had a gold watch, he did not know how she came by it.
ANTONIO VEYREO . I am a watch—maker, and live in Pall-mall—I made this watch for Captain Martin in 1834—I cannot be mistaken—it is the smallest one I ever made of the kind—it had his crest or initials on it, which has been filed out—two men came to me with this watch—I cannot say who they were.
MARGARET HAYNES . I live in Ford's—place—I know the prisoner and his wife by sight—on Saturday night Mrs. Allen sent for me, and I went to the house—Mrs. Allen put this bag into my hand to take care of it for her—I gave it to the officer.
NOT GUILTY .
1892. JAMES HENRY SILVEY was indicted for stealing 1 cigar—case; value 1s.; 7 pieces of paper, value 1/4 id.; 7 pieces of pasteboard, 1/4 d.; 1 watch, 2l. 2s.; 5 printed books, 8s.; 1 ring, 7s.; 1 case of teeth-instruments, 4s.; 1 instrument-case, 1s.; 1 waistcoat, 2s.; 1 waistcoat-piece, 5s.; 1 ruler, 6d.; and 1 ruling—pen, 6d.; the goods of Thomas Benn Sowerby, his master.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
THOMAS BENN SOWERBY . I am a pawnbroker, and live at No. 78, Chiswell-street. The prisoner has been in my service nearly four years—on the 10th of Aug. he gave me notice to leave my service, for some reason about the housekeeper—I said I would endeavour to make all right, but he insisted on leaving—on the 19th of Aug., in consequence of information, I told him I was fearful matters were not altogether right, and I wished to know whether he had anything belonging to my stock, which he had not accounted for—he said all that he had had he had accounted for to Mr. Norris, my foreman—Mr. Norris was present, and said he had no account of anything that he had had from the stock—I said to the prisoner, "Have you a watch?"—(I saw he had one wearing in his waistcoat—pocket)—he said, "Yes"—I said, "Let me see it"—he produced it, and I recognized it as one taken from my stock—I said, "That watch is a portion of my stock; you had better give it to Mr. Norris"—that was all that transpired with reference to the watch—I asked Norris if he knew anything of the prisoner having the watch—he said no, there was no account of it at all—the prisoner remained perfectly silent—I told him I could not suffer him to be in my house another night, to go home, and return with his father the following morning, and we would examine the various articles in his presence—on the following day he did not come, but his father came two or three times—on the 21st his father came again, but still without the prisoner—I sent Norris to the station, to get an officer, and go to his father's house—they returned that afternoon with the prisoner—I told the prisoner I wished his box to be searched, as there was an officer present, was he agreeable to it?—he said, "Yes"—we went up to his bed-room, where there is a chest of drawers, one or two drawers of which he occupied; and there was a small box in the room belonging to him—in the box we found a pocket—book, containing some duplicates and a few odd papers—I saw the pocket-book opened, and saw the duplicates—when goods are redeemed, we are required to indorse the amount of the interest on the duplicates, and I see on these duplicates the amount of the interest is indorsed—when goods are redeemed, it is the duty of the person in my employ to deposit the duplicates first in a drawer in the shop—in the evening an account is made up of the business that has been done, which
is done by looking at the amount on the duplicates—one of these duplicate is for a gold guard, for 2l.; another, for Wellington boots; and another, for a ring; and here are the corresponding duplicates with them, which denoted the redemption of these things—here is one single duplicate of a shawl, for 5s,—after the accounts are made out, it is the person's duty to mark off the redemption in the book, and to file the duplicates; they are kept in case we want to refer to them, and to show that the articles have been redeemed—neither of these duplicates have been filed—I do not recollect that I said anything to the prisoner about these duplicates When they were found in the pocket—book, and I think he did not make any remark—we then looked amongst his clothes in the drawers—we found a cigar-case and a waistcoat, which were mine—there was another box belonging to him, in another port of the house—I saw that forced open by the policeman, and in it were several books, a sheet, a small case of teeth instruments, a parallel pen, a ruler, and several other articles—he said he placed the sheet there for the purpose of getting it washed; and two of the books he spoke of, as having picked them up in the parlour or counting-house—the value of these things, exclusive of the duplicates, is about 3l. 10s.
Cross-examined by MR. HUDDLESTON. Q. The prisoner had three weeks before his notice would expire? A. Yes—I do not know that a former person who had been in my employ had left through not being able to agree with the housekeeper—Mr. Norris was my foreman, and it was customary for persons in my employ to have articles from the stock for their own use, with the foreman's permission, and to have the price deducted from their wages, when I settled with them—they have the goods at what we call cost price, from the unredeemed pledges, or any property I have on sale—a young man would have no business to take an article till he had had it of the foreman—if there had been a simple transaction of his taking one, and then saying," Put it down," I would have had no objection—there was 5l. 15s. due to the prisoner, I think—I was at Ramsgate five or six weeks this year—I left Mr. Norris in care of my business—he always had the care of it—I do not reside in the house myself—I do not know that Norris went to Gravesend as soon as was gone to Ramsgate—when I first charged the prisoner, he said, "All I owe for, Mr. Norris knows of," or words conveying that sense—while he was in my service, he used to go home to his father's, as I supposed—he used to go home every other Sunday, and he could go at other times if he wished—when the persons bring back the duplicates, we make a mark in the book, to show that the articles have been redeemed—that is done before they are filed—I knew these articles belonged to my sale—stock, by marks which are on them—on this watch here are two scratched marks of my own—I knew it to be the property of my stock—here are marks on the other articles.
MR. DOANE. Q. Had the prisoner's wages become due? A. He had not asked for them—they have always been paid regularly.
JOHN NORRIS . I am foreman to the prosecutor—in consequence of some suspicion I entertained, I made a communication to Mr. Sowerby on Wednesday evening, the 19th of Aug.—I was present when he asked the prison if he had had anything from the stock that he did not know of—the prisoner said, "No, I have not"—I heard him asked if he had a watch in his pocket—he said, "Yes," and produced it—Mr. Sowerby asked me if I was conscious of his having it—the prisoner said no, I was not—I was not conscious of it at all—Mr. Sowerby told him to give up the watch to me, and he did so—Mr. Sowerby then desired him to go home, and come the next day with his father—his father came the next day, and on the third day, and Mr. Sowerby desired me to accompany an officer to his house—I went there and
saw the prisoner brought out of the water—closet by the officer—he said, "Don't take me or, "Oh, save me, Turpin!"—he was brought to his master's house, and the drawers and bed-room were examined the books and the sheet were all the prisoner told me of—he said the books fell in the counting—house, and he picked them up—I saw the other things found.
Cross-examined. Q. Where is the mark on these duplicates of the interest? A. Here, Sir—these duplicates are the prisoner's writing—I have been ill four or five months—I was down at Gravesend while Mr. Sowerby was at Ramsgate—I went to see my wife and children—I was not down in the week days—I went down by the last boat at night and came up by the first—I was there but a short time—I might have come back drunk—I left the prisoner in charge of the shop while I was away.
Q. When you came back drunk, did he tell you he should feel it his duty to tell Mr. Sowerby, if ever such a thing occurred again A. I deny that, or that I told him that if ever he did anything of the sort, I would put him to rights, or anything to that effect—I never had any quarrel with him about the alternate Sundays—I asked it as a favour, but had no quarrel, it did not last two minutes.
HBNRY TURPIN (police-constable G 119.) I went with Norris to the prisoner on the 21st of Aug.—I have known the prisoner ever since he has been in Mr. Sowerby's service—he said to me, "Oh, Turpin! don't take me; it is a bad job"—I told him I must take him to his master's, and I took him there—I found this waistcoat and cigar-case and these articles now produced—I received the watch from the foreman—I found a slight stain on the sheet—the prisoner was in the act of putting his hand into his box, and I put my hand in and took it out—I found this ring—Mr. Sowerby claimed it—the prisoner made no answer.
Cross-examined. Q. Was one of the boxes broken open before you went? A. Not that I am aware of—they were fastened—I broke them open, with a chisel.
1893. WILLIAM CLARK was indicted for stealing 50lbs. weight of lead, value 7s., the goods of William Blandford; and JOSEPH COSTER , for feloniously receiving the same, well knowing it to have been stolen.
MESSRS. CLARKSON and BODKIN conducted the Prosecution.
THOMAS WATKINS (police-constable K 310.) On the 29th of Aug. I saw Clark at the corner of Bromley—lane, about half—past six o'clock in the evening, carrying a basket over his shoulder, but nothing in his hands—he was dressed in a white smock—frock, which came half—way down him, and dirty moleskin trowsers, like an excavator—he went into the prisoner Coster's shop—I went there, and saw Clark coming from the basket, which was placed on the table, with a bundle in his hand, and apparently taking something from his breast, but I could not see what it was—I saw him put the two parcels into the scale in the shop—Coster was behind the counter, and had an opportunity of seeing what I have stated—nothing passed between them, but Clark put them into the scale on the counter—they were both tied up—Coster was at the scale—he put the weights into the scale and weighed it—he took them out of the scale, and put them behind the counter, and was stooping, untying the covering—there was nothing on the counter to prevent their being examined on the counter before they were weighed—when I saw Coster put it down behind the counter, I heard a noise as if it was being stowed away—I went into the shop—I said to him, "What have you got there, Coster?"—he stood some time before he answered—I said, "What has this man brought in?"—he
said, "I am sure I don't know, I believe it is old iron"—another constable, who was with me, came round, and assisted me in taking possession of this property—when I took it from Coster this large piece of lead was uncovered out of the cloth—that was at the time he told me he did not know what it was—I took him and Clark into custody—I asked Clark where he worked—he told me at the glass-house—Coster keeps a broker's shop—he sells furniture, something of every description—I searched the house, but did not find anything—I cannot say whether there is "Dealer in marine stores" over the door—it has not the appearance of a dealer in metal—this is the lead—this is the piece which came from Clark's breast, to the best of my belief—I did not see it come from his breast—Coster's place is about half a mile from where Clark worked.
Cross-examined by MR. WILDE. Q. You have known the shop, have you not? A. Oh, yes—I purchased a table there nearly two years ago—my wife paid for it—I have not got a receipt for it—I did not think of asking for one—he has not asked me for the money—I believe I gave my wife 28s. to pay for it—the money was paid on the delivery of the table—when these two bundles were brought into his shop they were tied up—when Puddeford came into the shop one piece was untied—when we went in Coster had untied one—there was not a word passed between the prisoners—if there had I must have heard it.
JOSEPH PUDDEFORD (police-constable K 276.) I was with Watkins, standing in Bromley-lane—I was at the window, but could not see anything in there—when Watkins went in I heard him ask Coster what that man brought in—he said he did not know, he believed it was some old iron—Coster gave us the largest piece of this lead—part of it was covered with an old cloth—the other part was quite bare—anybody could see it was lead—he gave up this other" piece, which was tied up close—these are the two pieces—they were in a great deal smaller compass than they are now.
GEORGE INCE . I am a plumber, and live at Poplar. I am of the firm of Ince and Nash—we have supplied lead of this description to the Thames Plate Glass Company, at so much per foot—I cannot swear that this is part of it—it is in all respects the same—this appears to be battered with some instrument, and this is a piece of a gutter.
Cross-examined by MR. BALLANTINE. Q. Why do you believe this is part of a gutter? A. By the manner in which we dress gutters—here is the portion that comes under the slates, and this is the bottom of the gutter—this is the manner in which we turn up all the lead for the glass-works—we supply them with many tons of it, in pieces of twelve or fourteen feet long—this is only similar lead—I cannot swear to it.
RICHARD LAW . I am manager to the Thames Plate Glass Company's works—Clark was in the Company's employ—he was excavating some ground for the purpose of a new building, close adjoining the building where the lead supplied by Mr. Ince was being used—I have compared this lead with the works—I took these pieces on the roof where the plumber was engaged that day—I have compared them with the lead, and find them to correspond precisely with that which was put there—the time for leaving work on Saturday is five o'clock in the afternoon—I did not see Clark leave that day—on the evening of the day on which the prisoners were taken there had been very heavy showers, and I saw marks of Venetian red on these pieces of lead—they had been excavating some ground where a quantity of refuse Venetian red had been shot down, and there were marks of it on the lead—that is an article we use in finishing glass.
Cross-examined by MR. BALLANTINE. Q. Had you seen Clark at work?
A. I would not undertake to say that I did—I have no doubt I did—I compared this lead—the plumber's man pointed out where they bad been at work that day—he was one of the men employed by Mr. Ince—he is not here—I have not said that this corresponded with the place, but it was of the same quality, and the pieces added to these would make a complete piece—this piece was meant for a ridge running down about six feet in length—one of the parts in the upper part of the roof has a portion cut off it, and I apprehend this piece was cut off that—it would run about four feet—the width of this ridge was precisely the same—it was eighteen or twenty inches—I suppose not less than ten tons of lead was employed on the ridges—we have the lead in in considerable quantities—I was not aware that any was missing till I was sent for to the station—I swear to this lead by the marks of Venetian red on it, which are now more of a drab colour.
MR. BODKIN. Q. You knew nothing of any lead being missing till your attention was called to this? A. No, except from the observation I have made on the lead—I do not know of my own knowledge that any is missing—I went to the roof and took the man to show me what he was doing—I found this lead was of the same substance and width with what was placed there, and one of the lengths has as much cut off as would correspond with the length of this piece.
JOHN CASS WALLER (police-sergeant K 33.) I was at the station, at Poplar, when Clark and this lead were brought by the officers—I asked Clark where he got the lead from—he said from where he worked, at the glass-works—I went to the glass-works—Coster was afterwards brought to the station, charged with receiving this lead—lie made some remark that he did not know it was lead that the rags contained, but I will not be positive what he said.
(Coster received a good character.)
CLARK.— GUILTY . Aged 52.
COSTER.— GUILTY . Aged 30.
Confined Nine Months .
GUILTY .— Confined Six Days.
THOMAS BROWN . I keep a glass and earthenware shop—the prisoner was in my service—on the 17th of Sept. I received information, and asked if he had taken any money of mine—he denied it—I threatened to send for a policeman unless he acknowledged it—I sent for one—the prisoner said, "You don't give me a chance to find it"—he crept under a desk and appeared to be taking off his shoe—I took the shoe and found the half—crown in it.
Cross-examined by MR. MELLER. Q. He was in the act of taking off his shoe? A. Yes—I took hold of it, and the half—crown fell from it—he said he took it to buy an accordion.
Q. Have you not said before, that the half—crown fell from the boy? A. Yes—it fell from him, and he said he took it to buy an accordion, and after that he said he meant to give it back to his mistress.
Q. Did you ever give that account before? A. Yes, before Mr. Ballantine—I
have not been obliged to prosecute my own son—it is perhaps eight or nine years ago since I prosecuted a servant—I have extensive premises—the prisoner was in my retail shop.
JOSEPH PICKERING . I am in the prosecutor's service—I sold some drinking glasses for him, and pat the half-crown I sold them for at the corner of the desk—when I came to look, it was gone—I heard the prisoner say he had taken it.
Cross-examined. Q. Was that after his master threatened he would send for a policeman? A. Yes.
GUILTY . Aged 11.— Confined Eight Days and Whipped .
MARIE AUGUSTINE VINCENT . The prisoner was in my service for six weeks—she left me last Saturday week—I was afterwards sent for to the station—I found the prisoner—the policeman brought me this twelve yards of cotton cloth, and some velvet—I will swear they are mine.
Cross-examined by MR. DOANE. Q. Did you engage her as servant? A. Yes—Mr. Hansworth is a lodger of mine—he did not engage her—he was present when she came up—I do not know whether he put any question to her—he did not furnish the money to pay her—it was my own—there was no jealousy about Mr. Hansworth—I went to Brighton, aid left the prisoner in charge of my house—Mr. Hansworth remained there, but he was not in charge—I never heard that the prisoner complained of his coming to her bed-room—he has lodged at the house seven or eight months—he is a barrister I have some cotton and velvet to correspond with this—I can swear it is my own.
JOHN BROOMFIELD (police-constable E 143.) I found a box at No. 2, Spring—gardens, Ebury-square, and found these articles in it—the landlady told me it was the prisoner's—after I had searched it the prisoner came in, and I pointed out these goods to her—she said she bought them.
MR. DOANE called
MARY STEWART . I am single, and live with my parents in George-street, Chelsea. I have known the prisoner twelve or eighteen months—I recommended her to Mr. Hansworth as a servant, as I left the place—I lived with him three months and a week—he was my master, and he was hers—he was master of the house—he and Madam Vincent engaged with the prisoner before my face—there is no money laid out but what is his—this is only a woman he keeps.
NOT GUILTY .
OLD COURT.—Monday, September 28th, 1846.
Third Jury, before Mr. Recorder.
1897. JAMES ADAMS, MARY ANN TOY, WILLIAM BROWN , and WILLIAM MURDEN , were indicted for feloniously assaulting George Dean, and stealing from his person, 1 watch, value 5l.; 1 seal, 10s.; 1 watch-key, 8d.; and 1 handkerchief, 1s. 6d.; also beating, striking, and using other personal violence to him.
MESSRS. HUDDLESTON and BALDWIN conducted the Prosecution,
GEORGE DEAN . I have been in the Grenadier Guards—I left on the 15th of Aug., and on the 17th, about seven o'clock in the evening, I was in St. Ann's—street, Westminster, with three or four persons—one woman was with me, and one with another man, close by me—I was talking to the woman in the middle of the street—the prisoner Toy told us we could not stand there—I said I always understood we might stand in the public street or highway, and I thought the public street was the same—she insulted my friend, and called her a dirty w——she came out of the door—I caught hold of her by the arm as she was coming towards Goldsmith, who was in my company—then the prisoner Brown came—I caught hold of him by the arm—he closed with me, threw me, and began kicking me—I did not see Adams at that time—there were others came to their assistance, they ill—used me and kicked me—Adams and Murden came up afterwards while they were beating me—Brown took my watch out of my pocket and gave it to Adams, who ran away with it to the public-house—they were beating me at the time—Toy took my handkerchief off my neck—she bit my eye, and cut me with a poker alongside the face—there was another female, who is not in custody—the prisoners were all present—some people came to my assistance, and I got from them—I ran to the public-house door after my property—the door was slammed in my face—I was then knocked down again, kicked, and jumped on—I was sober—I received a cut on the back of my head, and my loins were hurt—I was ill for some time, and am not well now, and never shall be—I was very severely injured.
Cross-examined by MR. HORRT. Q. You had been drinking T A. Yes—I had been into the Three Elms about three—quarters of an hour—that was where my watch was taken to—Adams was a waiter at that house—when I saw him with my watch, I was on the ground recovering myself—I defended myself as well as I could—I never said I did not know who took my watch—I saw Adams go by after I got out of the disturbance—he came up to me, and said, "Here I am, what do you want me for?"—I do not know that a soldier in my company said, "That is not the man!"—Adams ran away as hard as he could—the public-house door was half shut—the landlord's son stood with half the door in his hand, and prevented my going into the house—I did not see Adams at first in the crowd, not till after the scuffle began—it was when the crowd came round me.
Toy. Q. Did not you, two females, and a soldier stand opposite the house, using abusive language? A. No—you undid my handkerchief by untying it, and scratched my neck—I was knocked down twenty times by one or the other, some kicking me, one untying my handkerchief, and the other taking my watch—the handkerchief was tied in a knot—I am quite disabled for work by their jumping on the small of my back—Toy had the poker—the other female struck me on the back of my head, laid my head open, and said she would knock my brains out—Toy brought the poker out, and struck me, and swore she would knock my brains out.
Brown. Q. You said you lost your watch in front of our door, and then said it was against a door nine doors off? A. I lost it in front of their door—Adams ran away with it into the Three Elms, and when he got in the door was closed—Brown knocked me down—Murden jumped on me, and Brown was kicking me about my eye.
Murden. Q. Did I make the first disturbance? A. No—I was knocked down once before you came up—I was knocked down at two places—you knocked me down at the public-house door—I cannot say whether you were there when I lost my watch or not.
Toy. Q. Did not you wear the handkerchief at Queen-square, when you gave me into custody? A. No, it was another I had on at the second examination—Mrs. Goldsmith does not live with me, nor prostitute herself to keep me.
MR. HUDDLESTON. Q. When did you first see Murden there A. when he jumped on me after I had lost my watch—I cannot say whether he was there at the beginning.
MARIA GOLDSMITH . I am married, and live in St. Ann's-street—the prosecutor Deane does not live at the house now—he did at that time—on the 17th of Aug., about seven o'clock in the evening, I was in St. Ann's-street talking to Dean, opposite the house where Brown and Toy live—Toy came out and used bad language, and asked what we were standing talking in front of her door for—Dean said he thought anybody was allowed to stand in the King's higway—she then made a blow at me, and asked me to fight—Dean put me on one side and her on the other to keep us away—he did not strike her—Brown then ran and struck Dean—I saw Dean knocked down several times and kicked and ill-used, and Toy ran out, laid hold of the hair of his head, and dragged his handkerchief off his neck, and I took it out of her hand—I afterwards saw Adams going towards the Elms with a black ribbon belonging to the watch in his hand—I did not see the watch, but I knew the ribbon—I had seen it on Dean's watch several times—I gave the handkerchief I took from Toy to my son John Harding—after I saw Adams going away with the watch I saw Murden in the mob, but did not see him strike or kick—there was a great deal of confusion—I could hardly tell who was striking and who was not—both Brown and Adams were on the ground with Dean—they were near enough for one to hand anything to the other.
Cross-examined by MR. HORRY. Q. You do not live with your husband? A. No, I do not live with the prosecutor—I never did, or with any man—my husband allows me 5s. a week, and I do needlework—I was in the Elms on this evening—there were several others there—we had a pot or two of ale—I think four—there was a great scuffle on this occasion—I was standing in the mob, and pushed from one side to the other—I got several blows—Adams and Toy struck me—I was not struck behind—Toy was dragging Dean—I came back in the mob, helped to pull him up, and Adams directly struck me—he was scuffling with the prosecutor.
Toy, Q. Were you not tipsy? A. No—I am quite certain—you came out and said, "What are you standing at my door for, making a noise?"—you took hold of the prosecutor's hair and dragged him down—he was hardly on his legs, when you pulled him back again—Adams, Brown, and Toy were all on him at once—I did not see Brown or you take the watch—Adams was there when the fight was—not when you were standing talking at the door.
COURT. Q. How far is the Elms from the place? A. Not half a minute's walk—it is in sight of the spot—Brown was near enough to take the watch, and Adams near enough to take it from him.
Toy. Q. Did you have any rum? A. No, and I had none at Taylor's—I have not been at the Nag's Head, in Tothill—street for twelve months—I never walk the streets—my husband has 30s. a week—he does not sell things in the street—John Harding is my son—he never had six months imprisonment—I never called you a wh——I do not know that I ever saw you till you were in the row—I do not live with Dean—he never slept in my room.
MR. HUDDLESTONE. Q. Was your husband with you that night at the Elms? A. Yes.
JOHN HARDING . I am the son of the last witness. On the night of the 17th of Aug. I was in the Three Elms public-house—I heard a noise outside when I was at the bar—I went out, heard Mrs. Goldsmith calling out for John, and saw Dean on the ground, and Brown on the top of him, punching away on him—I pulled Brown off him—Adams was standing in the midst of the mob when I came up—he was not near Brown at first—when Dean got away Brown closed to fight with me—I could not see what became of Adams—while Dean was on the ground Toy was punching away at his head—I saw her drag him to the ground—when he got up again she tore the handkerchief from his neck—my mother took it from her hand—I asked my mother for it, I received it, and afterwards gave it to the constable.
Toy. Q. Were you not making a blow at Brown when you struck Dean and cut his eye? A. No, I had nothing to do with Dean but dragging Brown off him—the watch must have been taken before I got out—I did not see Brown give you anything, and you give anything to Adams—the handkerchief was untied, and you tore it from his neck—I said, "Mother, they I have got George's handkerchief—she took it from you, and I asked her to give it me, you trying to wrap it round your hand—Brown at that time was backing out of the mob—he was by when the handkerchief was taken—I do not recollect Murden being there—I was in Tothill-fields for thieving bacon, but was not the one that did it—I was tried for it at the Westminster sessions, and sent to prison for three months—it is three years ago.
Cross-examined by MR. HORRY. Q. The row began before you got out? A. Yes, Adams was in the public-house, he was out before me—I pulled Dean off—there was a great scuffle and fight.
JOHN GOLDSMITH . I live in Union-court. On the 17th of Aug. I was at the Elms with my wife and Dean—they went out first—I went out in four or five minutes and saw Brown on Dean, who was on his back on the ground—Toy was tearing his hair—I heard him complain of losing his watch in the crowd.
Toy. Q. Does not your wife live in Mrs. Parker's court? A. I do not know—Dean never lived with her to my knowledge—I allow her 5s. a week—I never sold things in the street in my life—I work at the new houses of Parliament as a smith, for Mr. Hunt, and have been there three years and a half.
EMMA BELL . I live in Union-court, Orchard-street. I was in St. Ann's-street and saw Adams and Dean fighting—Adams took up the watch, and ran away with it towards the Elms—Adams was on the top of Dean, who was on the ground, and Brown on the top of him—I saw Adams pick up the watch off the ground—I cannot say how it got on the ground—Brown and Adams were close against one another, when he picked it up.
Cross-examined by MR. HORRT. Q. You were drinking with the prosecutor at the Elms? A. Yes, I came into the street with him—I was in the crowd but nobody touched me—the disturbance began the moment I got in the street—I did not see Adams till after the crowd collected—I have not talked to Mary Goldsmith about this.
Toy. Q. In what part of the row did you come up? A. I was there at the commencement—I had some rum at the Elms with Harding and Mary Goldsmith before it began—I drank very little, and had nothing at Taylor's—I did not go there—I do not walk the streets.
COURT. Q. What time did you come up? A. About five minutes to seven—Dean and Adams were fighting—they were on the ground, Brown was also on the ground—they both had Dean down—Toy was beating Mrs. Goldsmith—I saw Adams take the watch and run towards the Elms with it—I
do not know how he got it, but he had it in his hand—I saw some man give it into his hand who I do not know—it was picked off the ground—Adams took it off the ground, but he passed it to another man and the man passed it to him again—a young girl now outside heard me say, "There goes a man with the watch"—it was picked off the ground—he gave it to another man, that man gave it him back, and he ran towards the Elms—Brown was the man who gave it him—I am sure I saw Brown hand it to Adams.
JURY. Q. Did you see the poker in Toy's hands? A. Yes, she hit Dean on the back of the head with it—I did not see Murden—I went home directly after the watch was taken to the Elms—I was afraid of getting into the row myself.
GEORGE BROWN . I am a private in the grenadier guards. I was with Dean and others on the evening of the 17th of Aug.—I was in St. Ann's-street in the public-house—I came out with Dean and others—we stopped in the street opposite the door—Toy came out and ordered us to go about our business—Dean asked if he were not allowed to stop in the street a few minutes—she said she would not let us stand in front of her door—Brown came out of the same door, knocked Dean down, and kicked him when he was on the ground—there were a great many people about—Munden was there at that time, and Adams also—I did not know either of them before—Dean got up, said he had lost his watch, and was making to the public-house to see if he could find it—the door was shut, and he was knocked down by Munden—I did not see the watch at all—I had seen it when Dean was coming out of the public-house before the row began—he looked at it to see the time—Adams did nothing that I know, but he was with the three other prisoners—he was close by Dean when he was knocked down by Brown—I did not see anything of a poker—I did not see Munden do anything during the row—he did not interfere that I saw—he was near enough to hear Dean complain of the loss of his watch.
Cross-examined by MR. HORRY. Q. You kept out of the row I believe? A. Yes—Adams was in the street when the row first began—I had seen him in the public-house before—he was about half a yard or a yard from the prisoners in the street—I did not see him nearer than that—I was looking on all the time, but sometimes Dean was down and I could not see—I could not see Adams all the time—I did not see him use any violence—I went to Dean's assistance, and found Murden ill—using him, but not when he was first knocked down—I was too frightened to go up then, there was such a crowd, and soldiers often get ill—used in that street.
Toy. Q. Did you see me have the handkerchief? A. No, nor with the poker.
ROBERT PARKINS . I live in St. Ann's—street. On the 17th of Aug., at not quite seven o'clock in the evening, I saw the prosecutor pass my shop—he had a watch in his hand, seeing what o'clock it was—a female and a soldier were with him—there were some people in the street—they had not got many steps from my window before I heard Toy say to Mary Goldsmith, "Will you fight?"—there was a scuffle between them—Dean tried to separate them—I sat down to my work and did not notice them, as fights are so common there—I saw a mob gathering, and got out of my window to fasten the shutters—I had not time to get out at the door—just as I got out Brown dragged something from Dean's body about his fob—Dean was then just rising on his knees—I cannot say what it was—he passed it to Toy—she passed it to the hands of Adams, who took it and ran off as hard as he could past me, towards the Three Elms—before the watch was taken I saw Toy beating Dean over the head with a poker—that was at the commencement of
the row—I then sat down to my work, and afterwards, on getting up to put to the shutters, I saw something handed to Adams, and saw nobody but Toy strike Dean with a poker—I saw Murden there standing among the mob at the time the robbery took place—I did not see him do anything—he was close to Brown—they were all in a body together.
Cross-examined by MR. HORRY. Q. There was great confusion? A. Yes—it is a terrible place for disturbances—unless it had got worse I should not have noticed it—I am often obliged to close my shutters.
JURY. Q. Did you see Dean knocked down a second time? A. Yes, I near the public-house—Brown knocked him down then—I saw Murden give him a very severe kick on the head when he was on the ground before the public-house door—when Adams went towards the public-house door the landlord's son stood with half the door in his hand—Adams slipped in, and the door closed—Dean was running to try to catch him—as soon as he came to the door Brown was after him and knocked him down—he was jumped on in the most brutish manner and kicked—Murden gave him a very severe kick on the fore-part of the head, when the blood flowed in a dreadful manner—I did not expect the man would recover—it was a most brutal attack—he was jumped on and bruised when he made off to try to get his property—I did not see anything done to Dean's handkerchief.
Toy. Q. What sort of poker was it? A. A short one, as far as I could see—I could not see that it was a watch Brown took, but firmly believe so, because I saw a small part of the dark ribbon as it was placed into Adams' hands—a girl standing by me said, "There goes the watch."
Brown. Q. Can you say it was a watch in my hand? A. No—Dean was just rising on his legs—a great many people standing by said, "There goes the watch"—I had seen a ribbon attached to it when it was in Dean's hand.
Murden. Q. Had you seen me in the row at-first? A. Yes, you stood there, and when they ran towards the Elms you ran too—I did not threaten to have anybody's expences stopped unless they swore you kicked the man in the head—I never said I wished you sent across the water—I did not know you—I would not live there for double the rent, if I could avoid it.
ELIZA WANDLEY . I live with my father and mother in Great St. Ann-street. On the 17th of Aug. I was looking out of the window, and saw Dean come by, talking to two females—Mrs. Goldsmith went on, not above half a yard from him—he was talking to the other young woman—the prisoner, Toy, called the woman very bad names, and said, "Go along from my door"—Dean said he would not, he was allowed to stand and speak on the highway—Toy stood up to Mrs. Goldsmith, and said, "Do you want to fight?"—Dean said, "No, she is not in the humour for fighting"—Toy said, "If you are not, I am;" and struck her twice—the second blow knocked her down—I did not see Mr. Goldsmith there at the time—when Mrs. Goldsmith was down, Toy was on the top of her, beating her with her fist—Dean went to pick her up—he was keeping Toy off with his hands, and while he was stooping, Brown ran out, and said, "Will you strike her?" and before Dean could answer him, Brown knocked him down—he rolled on his back, and Brown and Toy were beating him; Toy at his head, and Brown at the lower part of his body—he rolled over on the curb—Jane Wisdom, who is not here, twisted his handkerchief off his neck, and held it up—Mrs. Goldsmith stepped in and took it from her—Harding came up, and said, "Mother, give me the handkerchief"—Wisdom went in to where she lived, next door to me got a poker, and struck Dean with it—Toy took it from her, and used it as well—she beat Dean with it—it was not Toy, but Wisdom that took the handkerchief, from what I saw—I am sure of that.
COURT. Q. How near does Wisdom live to Toy? A. They both live in the same house—Murden was standing on the pavement, talking to his master, but I did not see him have anything to say with it—I saw Adams fighting with John Harding—Harding ran up the street, and went to the Elms, for protection, but was pulled out.
Q. What did Adams do? A. He was standing in the row, a yard and a-half from Dean, who was on the ground—I did not see the transaction out—I heard Emma Bell hollow out, "There goes Black Frank with the watch" at the time he was running to the Elms—I did not see the watch.
Cross-examined. Are you sure Adams was not by till some minutes after the row commenced? A. Not till five minutes after—a female ran into the public-house, and called out, "Here is a row"—Adams then came out, with a great many more—I cannot say whether he took any part in the fight with Dean—I saw Harding soon after the handkerchief was taken—he took the handkerchief from his mother's hand, and put it in his bosom, and Adams directly struck him—it was after that he was fighting with Harding—Adams was in the crowd with the prisoners—I saw Harding try to get into the Elms—Adams tried to prevent him, taking him by the collar—Wisdom took the handkerchief off—Adams was then in the crowd, a yard and a half from Dean—it was after that he began to fight with Harding—he was not four yards from him—I only saw it from the window—I did not see Adams in contact with anybody but Harding, and that was five or six yards from the public-house; but you question me so fast, you will not let me answer you—I did not see Adams touch Toy on the shoulder, and say, "Come out, or you will get into trouble."
JURY. Q. Did you see the prosecutor knocked down the second time? A. The first time, not the second—my window is rather slanting towards them, and on the same side as the row happened—I saw Wisdom untie the handkerchief—Toy might have had it—I saw Toy strike Dean over the head with the poker—she was beating him in the face at the time Wisdom took the handkerchief, and he was resting on Wisdom's knee.
SAMUEL BRINE (police-constable B 33.) On the evening of the 17th of Aug. I went to St. Ann's-street—there was a mob of people—I saw Dean bleeding from the eye—he had marks of ill usage, and was severely injured—he was not drunk—he had been drinking—I assisted him—he said he had been assaulted, struck on the eye, and his head cut open with a poker—I asked him to come and point out the parties to me—he said he was afraid to do so until the mob had dispersed—I did not see Adams there then—I took him and Toy that night about nine o'clock, and Brown next morning.
Cross-examined. Q. I believe you have known Adams as a pot-man at the public-house? A. Yes, three or four years—I never had him in custody—it is a very low neighbourhood—if anybody is in custody, there is a mob to prevent our taking him.
DENNIS DEVINE (police-constable B 61.) I saw Dean after the row—I saw Adams pass, and heard a female in the crowd say, "Adams has got a watch"—a few minutes after Adams came from towards the public-house, and said, "Here I am, if you want me"—Dean was afraid to come out below that, until the crowd dispersed—he did not give him in charge at that time—the watch has not been found.
Cross-examined. Q. Did a soldier say, "That is not the man?" A. Not in the prosecutor's presence—he was in the passage—I should know the soldier if I were to see him—it was not the witness Brown—I have known Adams some time—he has borne a general good character—I believe he is a quiet, peaceable, man—I understand he has assisted the police on different occasions.
MR. HORRY, on behalf of the prisoner Adams, called
MARGARET NEAT . I am the wife of a labouring man, and live in Old Pye-street. On the 17th of Aug., between six and seven o'clock, I was in the Three Elms, and saw Harding and Adams there—Adams does jobs for the publican—Adams and Harding went out—Harding came running back—he ran behind the bar, and Adams tried to get him out—he got him out—while he was doing that I heard a voice say, "I have lost my watch"—Adams was not out then—he was in the house then and for three or four minutes after that—I kept inside and saw nothing further—Adams had been out before I heard the cry, but I do not think he went out further than Mr. Crosbie's door—they had both gone out some time before—Adams had been no further than the door—I was at the bar when I heard the cry—Harding ran in, and all the people went with him—they were all tipsy—Harding ran back—Adams could not get him out, and the landlord tried—Adams was at the door, and ran in to get him out—no, I beg your pardon, he did not go out, it was the prosecutor and the people with him—Adams was standing at the door before I heard the cry—Adams had been sitting down in the tap-room before I heard the cry.
Cross-examined by MR. BALDWIN. Q. How long had you been in the house? A. About twenty minutes—I had not been out at all during that time—I have sworn that Adams had not been out of the house for two or three hours—I went in before and saw him, and when I came back he was in the same place—when Harding and the rest of the people went out, Adams was in the bar—a young woman called him out from the bar—I saw him go from the bar as far as the door—I was standing at the bar, with my face towards it—I did not look for Adams at all—the door was on my left—he was at the door—I cannot exactly say whether he was outside or in—he was not a yard outside before the cry about the watch, because I stood looking at him—I had no particular reason for noticing him.
Q. Did not be follow Harding in? A. Yes, he ran in from the door after him—I could not have my eye on him particularly, for they ran in all in a rush—he could not have gone three or four yards from the door without my seeing him.
COURT. Q. Had he the door in his hand, holding it open? A. The door was fastened back with a chain—he stood right in the doorway, so that no one could come in or out—his face was towards the street when Harding came in—they got him out and the publican shut the door, shutting Adams and Harding out, and would not let anybody in—it might be three or four minutes after the cry about the watch that Adams went out—he was getting Harding out at the time.
Q. Why did the landlord shut his waiter out? A. I suppose he was glad to get rid of them—there was a crowd round the door—I saw no more of Adams.
MARY WATTS . My husband is a bricklayer. We live in St. Ann's-street, in the same house as Mrs. Goldsmith—on the 17th of Aug., about a quarter to six o'clock, I went to the Elms with Mrs. Goldsmith—we had two pots of ale—Mrs. Goldsmith was very much intoxicated—she got up and begun to dance—she afterwards came and threw her bonnet and shawl and the key of her door at me—after, that she went to the prosecutor over the table and said, "I want 1s."—he said, "Here is 2d." and threw it at her—she at last took it and gave it to a man who plays the fiddle—she shook her pocket at him, and said, "I have two or three shillings"—after that she called the prosecutor—he jumped over the table, and went out—at that time, Adams was in the tap-room, talking with me—I saw a person, who I understand
is Mrs. Goldsmith's husband, but she lives with Dean—a woman came and said, "Do you know where Mrs. Goldsmith's shawl and bonnet is?"—I said, "I have got them"—presently her mother came, and said they had gone up the street—Adams was at the bar then—I went out, and saw the prosecutor fighting, men and women fighting together in all directions, one was down on the other—I saw the prosecutor down—it frightened me so much I ran up the street for a policeman, but could not find one—the mob was to great, I ran into my own passage, looked out of my window, and saw Mrs. Goldsmith's husband and her son come to my passage—presently I saw Mr. Goldsmith and the prosecutor, arm-in-arm, coming up stairs, with his face bleeding—they came up stairs—I opened the door to them, and ran down to get water to wash his face with—I did not see Adams by Dean at all—I was so frightened I ran to fetch a policeman—I had left Adams standing at the door of the public-house.
Toy's Defence. I was going to the Park, to meet Brown; when I came out there was Dean and Goldsmith, and another woman named Ann, quarrelling; my landlady told them to go away; they used very abusive language; Mrs. Goldsmith turned round and called her several names; I came out; I had been ill; my landlady told me to go in; Mrs. Goldsmith took off her cap, and threw it into the street; Dean immediately came, caught hold of me, and pulled me into the crowd; Brown was drunk; the row was most dreadful; John Harding came up and kicked me, and so did Dean; I showed the Magistrate the marks, at Queen's-square; all my things were torn off my back; I had not a bit of anything down to my waist; I am quite innocent of the watch, and am certain Brown is innocent; I never saw it before or since; I never had the handkerchief in my hand; Mrs. Goldsmith took the handkerchief from the man's neck; I had bruises on me for a fortnight.
(Brown handed in a written statement, representing that he was the worse for liquor, stating that Dean, Mrs. Goldsmith, and others, were using very abusive language, and were ordered by the landlady to remove from the front of the house, but Mrs. Goldsmith refused, and endeavoured to strike the landlady, but struck his wife instead; he then interfered, and was ill treated, and he had now surrendered to take his trial, being entirely innocent of any robbery.)
Murden's Defence. I was standing at the gate, talking to master, and never went near the row, till it was over; I did not see the row at all; my master cannot attend here.
(William Cottrell, police-constable L 108, and Robert Parkins, a witness for the prosecution, gave Adams a good character. William West, of Gun-street, Blackfriars, gave Brown a good character.)
ADAMS— GUILTY . Aged 36.
TOY— GUILTY . Aged 24.
BROWN— GUILTY . Aged 29.
MURDEN— GUILTY . Aged 22.
Transported for Fifteen Years .
MR. HORRY conducted the Prosecution.
JOSEPH KEIZER . I am a watchmaker, and live in Park-terrace, St. John's-wood, Marylebone—my shop has two counters, one on the right side and one on the left—I have a glass door between the two. On the 26th of Aug., between six and seven o'clock, the prisoner came to my shop, and asked for a gold watch—I put out three gold watches, with gold dials, on the glass-case on the left hand counter, for him to look at—he took up one—while he had it in his
hand he said he did not like gold faces, he wanted a white face—the white-faced watches were on the other side of the counter, in the window—he could have seen that from the street—I went round to the other counter, and took three white-faced watches from the right hand window—the prisoner crossed over towards that counter—in doing so he passed the glass door—I had left two of the gold-faced watches on the glass case, and he had one in his hand—he crossed over to me—I did not observe it in his hand then—while I had the white-faced watches in my band, and before I showed them to him, another person came in, with a coat or cloak on his left arm, and asked if I could take a stone out of a pin—I said, "Yes"—he stood close by the prisoner, who was at the right hand counter—I walked back again with the tray in my hand, with the gold watches in it, and when I came to the left side of the counter, there were only two watches there—the person who asked about the pin had gone out before I got back to the other side—he went out in a moment before the prisoner came to the other side—he could not reach the watches where the prisoner originally stood—they were on the left hand side—when I got to the other side I missed a watch—I told the prisoner, "I put three gold watches on the glass-case here"—he never said anything—I mentioned it twice, and the third time I had the tray in my hand I walked round and said, "You have got a watch of mine, and I will have it; if you have not got it your friend has"—he did not say anything—I sent for a policeman—before I gave him in charge, he said, "I remind you you roust know what you are doing"—I afterwards saw Taylor, the witness—the passage between the two counters is two yards wide—it may be more.
Cross-examined by MR. PAYNE. Q. When you get inside the shop what is the first thing on the right hand side? A. The glass-case—the counter is like a horse-shoe—it goes up on the right hand side, then bends, and comes down on the left hand as far as the window—I was before the Magistrate on the 5th of Sept.—Taylor was not examined the first time—I stated at the first examination that the prisoner crossed to the counter, the same as I do now—I mentioned it at the police-station, before I went before the Magistrate, that he came over to me—I took out three watches—he opened one, and the man in the shop opened another—when the man went out the prisoner sat down—I went round and said, "I put three watches down here"—he said he did not know anything about it—he was close to the man's right hand, close to the door as it opens—I am a Christian—I was never a Jew—I came from Baden—I did not see a watch in his hand at the time I asked him about it—when I brought out the gold-faced watches he took up one, but I did not see it in his hand afterwards—I did not see the man who came about the pin go further up the shop—my shopman was not examined before the Magistrate.
PHŒNIX ROMBECK (through an interpreter.) I am shopman to Mr. Keiser, and am watchmaker to him. On the evening of the 26th of Aug. the prisoner came—my master was on the left hand side of the shop, and went over to the right—I was on the right hand side—the prisoner said he wished to purchase a gold-cylinder watch—he spoke English—I speak very little English, but I can always understand it—Mr. Keiser showed him three watches—he said he did not wish one with a gold dial, but with a white dial—Mr. Keiser had none with silver faces on that side of the shop—he came round to the other side of the counter, where I was at work, and took some white-faced watches out of the window—while so doing another person came two steps into the shop, and asked Mr. Keiser if be could take a stone out of a pin—Mr. Keiser said, "Yes, I can"—the man said he would call to-morrow to have it done, and turned round sharp, and ran out of the shop—he did not come further than
the width of the door—he went to the right hand side counter, where Mr. Keiser was, and next to the prisoner—he was next to the door, and the prisoner next to him—it was impossible for him to reach to where the gold watches were left—he was as far from them as I am from the Jury, and quite over the other side—it was impossible to reach over—I am sure he did not reach in that direction—the moment Mr. Keiser went to the shop window I noticed the man and the prisoner close together—they were never more that a foot from each other.
Cross-examined. Q. What were you doing at the time? A. Sitting in a chair on one side of the counter—when Mr. Keiser took the watches out of the window, I went a little way from my chair and looked at the man—I saw the gold faced watch, I did not see any tray with gold faced watches at the time Mr. Keiser was at the window—I saw him go back with the tray which he had taken from the window, with the white faced watches.
COURT to JOSEPH KEISER. Q. Where did you leave the two watches when the prisoner was examining the third? A. On the glass case which stands on the left hand counter—he was not more than a yard from then—he walked close to the other side of the counter—the stranger was not near enough to take them, he must have made a full step further, and I must have seen him do that—we were face to face at the time—they stood very close together—if the prisoner had the watch I should have found it on him.
REBECCA TAYLOR . On the 26th of Aug. I was servant to Mrs. Dixon, of Wellington-terrace, St. John's-wood. About half-past six o'clock that day I went out with Mrs. Dixon to go down Baker-street, which is a very little distance from Mr. Keiser's shop—I saw two persons on the other side of the street—the prisoner was one of them—the other had a cloak or coat on his left arm—they crossed over in front of us—directly they got past mistress they stopped and looked at mistress, and I stopped and looked at them—the prisoner stood right in front of me—I am quite certain he is one of them—mistral had a gold watch and chain exposed to view—the prisoner could not see the watch behind her—they were coming down Baker-street, in the direction of Mr. Keiser's shop—I afterwards went to a shop with my mistress—when we came back my mistress went into a shop two or three doors from Mr. Keiser's—I went on, and when I got opposite Mr. Keiser's I saw the prisoner sitting in the shop against the counter—I knew him to be the same man as I had seen with the person carrying the coat or cloak—I saw a policeman go into the shop before that.
Cross-examined. Q. You were walking behind your mistress with the baby? A. Yes, it was not crying—I first saw the prisoner and the other come across the road in Baker-street, from the left hand side—they were before us, he came quite close to my mistress—he stopped and looked, and then went on with the other—I saw no more of the prisoner till I saw him in the shop—I went before the Magistrate a week or a fortnight afterwards—as I went home I told my mistress I had seen the man in Baker-street, and she told Mr. Keiser—he looked at mistress, not at me, but she did not notice him, she went on—Mr. Keiser's man came to me next day—my mistress is not acquainted with Mr. Keiser—she is at Portsmouth, I live there now with her—I talked to Rombeck in English, we understood each other very well—Mr. Keiser came up to speak to me a few days after, to ask me to go before toe Justice—I told him what I had seen—I was examined nearly a week after.
HENRY COOPER (police-constable, 67 D.) I was called into Mr. Keiser's shop, and the prisoner was given in my charge by Mr. Keiser for stealing the watch—he said he knew nothing about it, or about the party who came to ask Mr. Keiser about the pin—he said he would make Mr. Keiser pay dear
for it—in going to the station he said, he did not go to the shop to buy a watch, only to price them—I searched him and found 9s. 6d. in silver, a ring, and a chain on him—he said he was a herald-painter, and refused to give his address—he said he would make Mr. Keyser pay dear for giving him in charge.
Cross-examined. Q. Did not he say he did not want his friends to know where he was, when he said he would not give his address? A. He said his friends were very respectable—I did not hear him say he did not wish them to know anything about it—he said he did not wish them to know where he was, and that he was not connected with any other man.
MR. HORRY conducted the Prosecution.
JOHN JAMES HARRIS . I am a watch-maker and jeweller, and live in Upper East Smithfield. On the 31st of July, a little after eight o'clock in the evening, the prisoner came to my shop, and said, "Mr. Harris, I want to purchase a handsome patent gold lever"—I brought him two, then a third, and seeing him a gentleman, I went and fetched another, with a gold guard-chain attached to it—he was looking at them some time, and making observations to my daughter about which she would like—Miss Harding, who I knew very well, came into the shop and asked for a pair of gold earrings—I turned round to attend to her—the four watches laid on the glass-case—my daughter was standing between the watches and the prisoner—about ten minutes after the prisoner was looking at the watches, a man named Fitzsymmonds, (who was transported last Sessions,) came in, and immediately squeezed by Miss Harding to get to the side of the prisoner, between her and the prisoner—he said, "Mr. Harris, what do you charge for cleaning a three-quarter plate lever-watch?"—I said 4s—he said, "I will bring it to be done;" and away he went out in a hurry—the prisoner immediately followed him out of the shop, and my daughter hallooed out, "Father, there is a gold watch gone!"—the gold watch and guard were gone.
Cross-examined. Q. When did you see him again? A. Three weeks ago tomorrow, at Marylebone-office—I had never seen him before he came into the shop-my house is in the parish of St. Botolph Without, Aldgate—the watch was worth 8l., and the chain 4l. 4s.
SUSAN HARRIS . I live with my father (the last witness.) On the 31st of July the prisoner came to the shop to see some watches—four were shown to him—they laid on the glass-case—one had a gold chain attached to it—he said he did not like a Geneva watch, he wished to have a patent lever—he said he was recommended to my father, that his brother bought one at Mr. Dutton's, in Greek-street, and he wished to have one precisely the same—Miss Harding came in for some earrings—the prisoner had the watch in his hand at that time playing with the chain—while he was twisting the guard-chain round his fingers, Fitzsymmonds came in, and pressed very rudely past Miss Harding to get to the prisoner, who had his pocket-handkerchief in his right hand—I saw him put his left hand down behind him, as if handing something down—I saw the watch in his left hand not a minute before—Fitzsymmonds immediately went out—the prisoner immediately said, "Well, Mr. Harris, I will call again in three weeks, I am going out of town," and immediately went out of the shop—I directly missed the watch—he had done all he could
to attract my attention, and wished to know which watch I most admired and whether I did not find it very warm—he said, "What is that watch in the window, will you be kind enough to hand me that?"—I said, "If you wait, Sir, my father will be at liberty, and he will show it to you"—my father was attending to Miss Harding at the time—he asked me which I admired most—I said, "You have come here to purchase one, surely you will take one to your own taste"—I did not give him an opinion.
Cross-examined. Q. How was he dressed? A. He had a lighter neck-handkerchief, he wore spectacles, and kept taking them off now and then—I had never seen him before.
JOHN FURLING . This signature to the examination, is Mr. Rawlinson's, the magistrate's handwriting—(read—"The prisoner says, I have nothing to say; these people against me never saw me before in my life.)
GUILTY . Aged 26.— Transported for Ten Years. (There was another indictment against the prisoner.)
MR. HORRY conducted the Prosecution.
SOLOMON COWAN . I live in Goswell-street—I know the prisoner. On the 20th of April he produced a promissory-note for 20l., at two months after date, dated 8th of April—he wanted me to discount it—I said I would rather not do it, having had one or two transactions with him before, and had a good deal of bother with him—he said if I would do it he could get his father's name to it, and I returned it to him—when I first saw it it had only one name to it, which was his own endorsement—he represented his father as a respectable man—I made inquiry, and wrote this letter to his father—on the 28th he came again with the promissory-note, with his father's name, "Thomas Collingwood" upon it—I discounted it for him—he showed me a letter which he said he had received from his father—I did not get any answer from his father.
(Letter read)—"Mr. Collingwood—I am taking a bill or promissory-note of your son, Mr. Collingwood, and I wish to know if it is perfectly right, as I am taking it entirely on your name; if you will be kind enough to write by return of post, if it is quite correct, and will be paid, as I take it entirely I on your responsibility."
Cross-examined by MR. DOANE. Q. You had several money transactions with him, had you not? A. Two or three—I am a general dealer—I very often discount promissory notes—I sell ironmongery, account-books, paper and such things, not bottles—I do not make any iron myself; it is new iron—I sell locks, finger-plates, door-plates, and various articles, but neither bottles, rags, nor snuff—I cannot exactly say when I had the first note of the prisoner to discount—it may have been nine months ago—I do not think I have had three—I do not keep a bill-book—I did not bring an action on this bill—I gave notice that I should—I told my solicitor so—I do not know whether he gave notice of trial—I do not know how far my attorney went—I have dropped the action—I had not two references given to me with that note—I did not afterwards tell the prisoner I would not discount it, but would advance 4l. on it—I would not discount it unless I had a respectable name on it—he gave me his father's name—he owed me money—I took 6l. or 7l. for his expenses at the time—it was deducted—that was his proposition—I did not see the father—I had the reference before I discounted the bill—he named several people who knew his father—I went to one or two of them—I brought the action against the father.
THOMAS COLLINGWOOD . I keep the Harcourt Arms Inn, Newnham Court, Oxfordshire—the prisoner is my son. This indorsement on his bill is not mine—I received this letter—I was very ill at the time, and gave it to my son a considerable time afterwards—I never gave him authority to put my name on that note.
Cross-examined. Q. Was it not some considerable time after you received the letter before you saw the prisoner? A. Yes—this matter had happened when I made a communication to him—I had allowed him to use my name, to try to get a situation, and so forth, and that I would become security for him, but not to use my name to a bill—I will not say he might not draw that inference—I certainly believe he had no intent to defraud.
COURT. Q. Did that letter reach you in due course? A. I believe so, but I was ill at the time, and had a sick wife on her death-bed—I did not write to my son on the subject—I put the letter by, being in a state of distress at the time—I never saw it for two months afterwards, when I received notice of the return of the draft—I gave my son the letter in August—it might have been about the 21st of July that I received it—I mislaid the letter, and did not know where I could write, if I had thought of it—I had read the letter.
Q. On what occasion had you told your son to use your name? A. He wanted a situation—I desired him to go to Mr. Cattley, the chairman at the London Dock Company, and several old friends of mine in London, and use my name, and if he got a situation I would be security for him—I have been security for him, and have put my name to bills for him, when he was in the grocery business—I have indorsed his bills, and paid them several times when due—I became answerable to Bed well and Co, of St. John-street, for him—my son has been unfortunate—I have refused to accept three other bills, till one day I accepted another—the letter was written to say a person was about to take a bill on my credit—I did not repudiate that, but I imagine a gentleman writing to me about having my endorsement, would not take it unless he knew he had my authority—I did not write any answer to him, and consequently I should conclude he would consider I should not do it—it was accidental that I did not answer it—if I had written I should certainly have declined it—shortly after, when I heard of it, I went up to my son, and wanted to know what he had been doing—I had great confidence in him—I would sooner have paid the bills than have come here, but they brought an action—I have never suffered him to write my name—he always drew on me, and I accepted.
NOT GUILTY ,
BAENETT JOSEPHS . I deal in accoutrement stores—I know the prisoner—in the latter end of March, he came to me with this bill—it bore the acceptance it does now—I asked him whether he was sure it was his father's acceptance—he said, "It is, what makes you ask that question; do you think I would leave myself open to commit a forgery"—I discounted it for him—he had part cash, and part to take up another note which was over-due.
Cross-examined. Q. You have had a great many dealings with him?
A. I have—I am not a regular bill-discounter—now and then I do it—I have kept a shop in Middlesex-street (late Petticoat-lane) ten years—it is not A marine-store shop—I am a wholesale dealer in accoutrements—I have not sworn I kept a marine store shop, it is government stores—I go to the dock sales at Woolwich, and to the Tower sales—I have not had scores of bills of the prisoner—I will swear I have not discounted forty—I may have discounted twenty, perhaps, three years ago—I have sued him three or four times, and he has had to pay the costs—I did not sue him almost every time he gave me a bill—I will swear I have not sued him several times before the bills came due—never for some time after—I never suggested to him about a 30l. bill that he should make use of his father's name, as he had given him permission—I have been tried here four or five years ago, and honourably acquitted—it had nothing to do with bills, and it could not be for stolen goods, because I was acquitted—I swear they were not found on my premises—the cage never went to the Jury—I was never in my life tried and convicted at Guildhall, or anywhere else—on my oath I have not been convicted for using fraudulent weights in my scales—I never was charged with anything of the sort—I am sometimes absent from my shop at sales—I have been in Whitecross-street a week—my wife carried on my business then—Boulton never did—I never gave a bill of sale for my goods, on my oath—there was an execution in my house the other day, and a judgment against me, in the case of Duffield—I paid the money then and there, at the secondaries'-office—I told the solicitor I had no money, not that I had made over the goods to this man—I could not pay it then—I do not know what has become of my goods—I did not say I had made them over to Boulton—I did not produce a bill of sale—I did not see it—I don't know Charles Waters—I had had bills from the prisoner before, with his father's endorsement upon them—the prisoner paid them—I believe it was his money—this was the third bill—they were made payable at the prisoner's residence in King's-square—he did not give a Judge's order on the two previous occasions before the bills were due—I have read this order (looking at one)—here is a pencil mark in the margin—there was not a Judge's order respecting this very bill, nothing of the kind—I brought an action against his father for this bill—it was tried at the last Guildford assizes, and proved a forgery—two of the father's attorneys proved it was forged—the plaintiff got nonsuited—he has not paid me 17s. 6d. as an instalment—he has given me a great deal of trouble—I filled up one writ myself—I never sued him on this bill.
MR. HORRY. Q. Did you suggest to him to write his father's name? A. Never—he paid another bill of 12l. or 13l., and I gave him the rest in cash, less 1l.—he got 23l.—he got an over-due bill of his acceptance, and 8l. or 9l. in cash.
Cross-examined. Q. You have said your son was induced to believe you would allow him to make use of your name, as becoming his security in other transactions? A. Decidedly so, in other transactions, but of course not to accept bills—I do not believe him capable of defrauding anybody—he has been unfortunate, but I believe strictly honest—he had a great many legal expenses to pay, and I have paid for him—I would have paid these bills but they brought a good many actions against me, laying the venue at Bristol, and at Guildford—a man named Bryan was brought down to Guild—ford to swear to my handwriting—I had told my son I would be security for him, and had so been a great many times.
COURT. Q. Had you accepted bills for him? A. Yes, a great many times—I became the acceptor of 100l. for him, for Bed well and Yates.
Q. Are we to understand that you left him, under the impression that he had authority to use your name? A. I can't say what impression he might draw—my conduct might induce that impression, I am inclined to think—I told him he might use my name if he wanted a situation—I told him to apply to John Cattley, a friend of mine, and to Stephen Cattley; and told him if he could get a situation I should be happy to be security for him—I wished him to go on in a different way—I knew his connexion with these men would be fatal, but was not aware my name was put to that identical bill—I would have paid these bills rather than have come into court, if they had stated they took them on the faith of his representation that I had allowed him to use my name, if they had waited; but they commenced actions immediately—my wife lay dead the very day I received Cohen's letter.
Mr. HORRY. Q. Did not you receive a letter, before you had a writ in this case, of Barnett? A. I received a letter—I sent to my solicitor to do what was necessary—the writ was sent to my solicitor.
NOT GUILTY .
THIRD COURT.—Monday, September 28th, 1846.
First Jury, before Mr. Common Sergeant.
NOT GUILTY .
GUILTY . Aged 41.— Confined Six Months.
1904. SARAH HUDSON was indicted for feloniously assaulting Martin Grace, putting him in fear, and stealing from his person, and against his will, 3 half-crowns, and 1 shilling; and beating, striking, and using other personal violence to him.
MARTIN GRACE . I am sixty-eight years old, and live in Green Man-lane, Poplar. On the 29th of Aug. between ten and eleven o'clock I met the prisoner—she asked me to go with her to her house to have a cup of tea—we had a pint of beer before we went—I gave her and another girl a quartern of gin—I went into the house, she took me up into her bed-room—I did not like the look of the house, and said, "Why did you bring me to such, a place as this?"—she said she lived there, and I should be treated as I liked—she said, "Give me a shilling, and you can do as you like with me"—I said, "I have not a shilling to give you"—she knocked me down on the bed, fell on the top of me, held my left-hand down, forced her hand into my pocket, and took three half-crowns, and one shilling out—I said, "You have done the job"—she walked down stairs, I walked after her, and followed her to give her in charge—she said, "Where are you going you rascal?" she staggered me, knocked me down, and gave me a black eye—we were outside the house then.
Prisoner. Q. Did not you give me a shilling when you went up stairs, to pay the landlady? A. No—you did not ask me to pay for the room—I did not pull out eightpence or ninepence, and want you to lay on the bed with me.
said, "Oh my good God, lock me up"—she had no money—the prosecutor was not drunk then.
Prisoner's Defence. I was going up High-street, Poplar, with another female; the prosecutor said, "Come and have a drop of beer;" we went and he took us into another public-house, and we had half-a-quartern of gin; he said, "Can't you come with me to a house;" I said, "I did not live there;" we went to another house; he gave me a shilling to give the landlady; I said, "What are you going to give me?" be took out eightpence or ninepence; I said, "I would not stop with him for that;" I came out, and saw no more of him till he gave me in charge.
MARTIN GRACE re-examined. I did not know the girls before, to speak to them—they knew I lived in that neighbourhood—we did not have any gin except the quartern—this happened between ten and eleven o'clock in the morning—I went to the policeman between four and five—I missed the money before I left the room.
COURT. Q. You told her you had no money? A. I told her I had neer a shilling to give her"—she said, "You rascal I will know whether you have or not"—I lost the money six hours before I gave her in charge.
NOT GUILTY .
1905. JOHN THOMPSON was indicted for breaking and entering the dwelling-house of John Lockyer, and another, at St. James, Clerkenwell, and stealing therein 12 lbs. weight of spelter, value 2s., 6d.; their property.
JOHN LOCKYER . I have one partner—we live in Suffolk-street, Clerkenwell—it is our dwelling-house—on the 23rd of Sept., about half-past one o'clock, the prisoner was brought into the shop with an ingot of metal—next morning I looked at the window and found a hole—it might have been broken that morning for aught I can tell—this metal produced is mine—there is no mark on it—there was a good quantity in the window, of the same size and quality—this exactly corresponds with it—I have no doubt it was safe that evening, and the window also—I believe it to be mine.
CHARLES HUNT . Last Wednesday night, between seven and eight o'clock, I stood at my door, which is next to Mr. Lockyer's, and saw the prisoner and another in the act of breaking one of the panes in Mr. Lockyer's window—he caught the glass in his hands, to prevent it making any noise-his companion took the metal, and put it under his coat—I called "Stop thief"—the policeman stopped him in my presence.
Prisoner's Defence. I did not have the metal; the glass was broken before.
GUILTY . Confined Nine Months.
1906. HENRY CARDEN and WILLIAM JEALOUS were indicted for feloniously assaulting Willam Stockman, and putting him in fear, and stealing from his person, and against his will, 1 watch, value 2l.; 1 purse 6d.; 1 sovereign, 5 half-crowns, 3 shillings, and 1 sixpence; and beating striking, and using other personal violence to him; and that Carden had been previously convicted of felony.
WILLIAM STOCKMAN . I live in Stretton-terrace, Shadwell. On the 12th of Sept., about one o'clock in the morning, I was at the Jolly Sailors' public-house—the prisoner and two or three more were there—they began playing with my dog—I treated them to some beer—when I paid for it I had a sovereign and 17s. in a purse in my right hand trowsers pocket—I put the change, 6d. and 2d. in coppers, into my left pocket—on going out of the house I missed the dog—some person said it had gone down Twine-court—I
followed in search of it, and was followed by the prisoners and two others—when I got to a dark spot they laid hold of my arms behind—I could not I move myself—they snatched my watch from my pocket—I felt it being snatched away—I did not miss the money then—I had an old King George IV sovereign—there were four or five persons there—I cannot swear that the prisoners laid hold of me—it was very dark—they did not strike me—they held me tight—I pursued them as quickly as I could, but my right foot is broken, and I cannot run very fast—I do not know whether they knew I was I lame.
MARY MARIA BOWER . I keep the Jolly Sailors, Back-road, Shadwell. Between one and two o'clock on this day the prosecutor and three or four men came to my house—Jealous was one of them, and I think Carden, but I cannot swear—the prosecutor missed his dog—two men went to look for it—they are not here—the prosecutor and Jealous, and another man, (who is not present,) who wore a flannel jacket and a straw hat, went out together—the others were standing outside at the time—I beard the prosecutor complaining of the loss of his property.
Carden. Q. You do not remember my being there? A. You came and called for a pint of beer.
Jealous. Q. Was I very much in liquor? A. I do not know.
COURT. Q. What business had you to keep your house open at two o'clock in the morning? A. There was a fire close by, and the tradespeople kept coming in.
FREDERICK PICKERING (policeman.) On Friday night, the 12th of Sept, I heard a cry of "Police!"—I saw the prosecutor standing at the corner of the court—he immediately pointed out Carden, who was about three yards from the house—I took him to the station, and charged him with the robbery—he said he knew nothing about it—I found Jealous concealed in a privy close by where the robbery was committed—I told him I took him for robbing a man of his watch—I searched him at the station, and found upon him a George IV sovereign, five half-crowns, and 3s. 6d.—both the prisoners were drunk.
FRANCIS GOWRAN (policeman.) About two o'clock on Saturday morning I saw the prosecutor outside Mrs. Bower's house, calling for a dog—both the prisoners went out of the public-house together, and went into Twine-court—I am sure they are the two men—I found a knife on the spot where the prosecutor pointed out that he was robbed.
Carden. Q. Did you see me coming out of Twine-court? A. Yet—Jealous was two or three yards behind you.
Carden. When you caught hold of my clothes you jolted the knife out of my pocket. Witness. It was not your knife that I found,
Carden's Defence. I was not in their company at all—I was at the George public-house; I came to the Jolly Sailors five minutes after the robbery had been done; the policeman said I was one of them.
Jealous' Defence. I did not know what company I was in; I went on drinking till I found myself asleep in a privy.
CARDEN— GUILTY . Aged 28.
JEALOUS— GUILTY . *† Aged 34.
Transported for Ten Years .
JOHN SULLIVAN . I am a labourer, and live in High-street, Bloomsbury. On the night of the 17th of Aug. I was piling up some bricks in New Oxford-street, near some buildings—my master came and told me to employ a man to do a job for him, and to find two men to assist me—I said I did not know where to find them—he then said, "There is a lazy man standing there that wants a job"—I said, "I did not think you wanted a lazy man, you want a man to work for you"—the man was standing behind me—he was like the prisoner—I told him I did not think he understood the business he was about to do—I did not hire him, or speak to him again—he was not employed at all—I was at work and felt something strike my side—I stood up and recovered myself, and asked why he served me out in that manner—I saw a knife in his hand—I had not felt him stick me with it—he said be would do it again, and my master came between us—I bled, and went to King's College Hospital—I never said, or did anything to him.
JOHN SWAINE . I am proprietor of some buildings in Oxford-street. On the 17th of Aug. I desired Sullivan to find a man to assist him—the prisoner was standing by—I saw him rush towards the prosecutor and push him across the road—I did not observe a knife in his hand then—in about a minute after he left where he was standing, and went across the road, Sullivan stood up and asked what he did that for—he made no answer, but in about two minutes rushed at him again, I then saw a knife in his hand—I saw him act as if he stabbed him—Sullivan called out that he had stabbed him—I rushed between them, and found the knife in his hands—Sullivan was taken to the hospital.
HENRY SMITH . I am surgeon at King's College Hospital—the prosecutor was brought to me—I found two wounds, which appeared to be done with a knife of this description—one wounded the kidney, and was very dangerous—it is very rarely a man can recover from such a wound—the other wound was on the left shoulder.
Prisoner. I was talking to a man employed on the same job; Sullivan came to prevent us; I said the place was wide enough for us all; he took up a brick, flung it at me, and hit me in the back, and then took up a second, and hit me with that.
GUILTY . Aged 32.— Transported for Seven Years.
WILLIAM NORMAN . I am a coffee-house keeper, and live in George-street. On the 12th of Sept. the prisoner came to ray house, and wanted board and lodging—I asked for security—he gave me a ship-note for 1l. 2s. 6d.—he said he was engaged to a ship which was going off on Tuesday—he did not go off and the note was of no use—he said he would get another—on Saturday, the 19th, he gave me this note for 3l. 5s. (read)—"Three days after the ship British Queen has sailed, pay to the order of John Seymons the sum of 3l. 5s., being part of his wages, provided he has sailed in the above-mentioned ship this present voyage. F. Richardson,
commander—(To Mr. Unger No. 7, Fenchurch-street")—I can find no such person as Mr. Richardson, commander of the British Queen—there is such a ship—the prisoner said he was to go as steward and cook—I gave him board and lodging for ten days, but part of that was for the first note—I gave him the balance in money at different times—I went to Mr. Unger—he would not pay the note—the prisoner had written his name on the back of it.
Prisoner, That is not the note I gave you. Witness. I will swear it is—I saw you write your name on it.
JOHN ANDREW UNGER . I am in business in Fen-court, Fenchurch-street—I have no vessel called the British Queen, and never had—I do not know Captain Richardson—I cannot find such a person—the first order is a true one.
Prisoner's Defence. That is not the note I gave him, nor is it my writing.
WILLIAM NORMAN re-examined. The first note was dated the 12th, and would be due on the 15th—I knew that ship was gone—the prisoner said he did not want to go, because the ship was going such a long voyage—I did not have the second note till the 19th—it is dated the 18th.
GUILTY . Aged 27.— Confined Six Months.
1909. ELIZABETH RICHARDS was indicted for stealing 2 coffee-pots, value 2s. 4d.; 1 tea-pot, 1s. 2d.; 1 candlestick, 1s.; 1 sugar-bason, 1s.; 1 saucepan, 6d.; 3 cups, 6d.; 1 bread-grater, 8d.; 2 shaving-pots, 4d.; 1 egg-slice, 3d.; 1 extinguisher, 1d.; and 1 match, 2d.; the goods of Charles Edwin Kerslake, her master.
CHARLES EDWIN KERSLAKE . I am a tin-plate-maker, and live in Tottenham Court-road—the prisoner had been in my service. On the 10th of Sept. I sent for a constable—we went to her lodging in Brook-street, and found a tea-pot, a shaving-pot, and other things, which had been stolen from my shop—these things produced are mine.
Prisoner. I bought them of a hawker before I went into your employment. Witness. This coffee-pot is my make-if it had been sold, it would have the shopkeeper's private mark upon it—I cannot swear to the shaviagpot—I swear to this one, it is in an unfinished state, and to this box and candle-safe cup—I can only swear to the others as I do to the coffee-pot—I believe this has been in my use, but cannot positively swear—this coffee-pot has been in my use.
Prisoner. This sugar-canister was given to me by my mother before I came up; she filled it with sugar for me; I took it inter my master's shop, and gave it a coat of varnish, which makes the colour the same as his.
GUILTY . Aged 24.— Confined Four Months .
JOHN FORSTER . I am a shoemaker, and live in Tottenham Court-road. On the 14th of 8ept. I met the prisoner in the New-road—she asked me for something to drink—she said she had had nothing since the morning—I west with her to a public-house, and paid for a quartern of gin, and then wished her to go about her business—she kept hanging about me, and I found my pocket in which I had three half-crowns and two shillings, turned inside out—I gave her in charge—on the way to the station she dropped half-a-crown,
which the policeman picked up—I had no intention of having anything to do with her—it was in the public market—I never took any liberties with her.
DAVID DRISCOLL . I was passing through Fitzroy—market—the prosecutor charged the prisoner with robbing him, and I took her—in going to the station I heard something fall on the pavement from her person—it was half. a—crown.
Prisoner. It fell from my person, and was my own. Witness. Before it dropped she said she had no money—when it dropped she said, "I dropped nothing"—at the station she said it was her own.
GEORGE MANNING (policeman.) I visit the cells at the station—I went in next morning and rose the prisoner up—a shilling dropped from her clothes—she said it was given her by one of the other prisoners.
Defence. The 3s. 6d. found on me was my own.
GUILTY . **— Transported for Seven Years.
WHATMAN pleaded GUILTY .
ALFRED WEBSTER . I am a bedstead-manufacturer, and live in Christopher-square, Long-alley. Both prisoners were in my employment—on the 14th of Sept. I received a communication from Mary Andrew, and asked Rickards where he had taken a bedstead to—he said, "b—you, what do I know about your bedstead? I will not work for you any longer if you accuse me"—I said he should not go unpunished—he said he would not do another stroke for me, because I accused him—I fetched a policeman, and gave him into custody—he said he would not go, and fought with the policeman—I was obliged to get another—he asked whether I was going to give him in charge alone—I went back, and charged Whatman with robbing me—he went out of the shop, and I saw him coming from Mr. Johnson's with my bed-stead, and gave him in charge—they had no right to take it
RICKARDS— NOT GUILTY .
WHATMAN pleaded GUILTY . Aged 31 .— Confined Six Months.
MARY ANDREWS . I live in Mr. Webster's house. On the 14th of Sept, about half—past seven o'clock in the morning, I heard somebody going out of the door—I got out of bed, looked out of the window, and saw the prisoners—I only saw Rickards's face—they were taking the head and foot of a bedstead away—each had a piece of it.
(The prisoner received a good character.)
RICKARDS— GUILTY . Aged 19.— Confined Six Months ,
HENRY RICHARD CLARKE . I am a coppersmith, and live in Cowcross-street, St. Sepulchre; the prisoner has been in my service four or five years. I missed part of a lathe, a metal chuck, and a soldering—iron, from my shop—these are them.
Prisoner's Defence. I own taking them to get half a gallon of beer, but they belonged to the lathe I worked at; I could have sold them for more, if I bad had a dishonest intention.
GUILTY . Aged 52.— Confined Nine Months .
MR. HUDDLESTON conducted the Prosecution.
WILLIAM PERSHOUSE , Sen. I am a horse—dealer, and have carried on business at Greenwich many years. I have had dealings with the prisoner, but all dealings had ceased between us—I did not owe him any money in Aug. last—on the 28th of Aug. he came to me at my stable in the neighbourhood of the Horse Shoe—he saw some horses in the stable, and suggested that he could sell three of them to Mr. Wigram, for the Calcutta market—I told him he must excuse me, but I could not entrust him with them—he said, "Why?"—I said from the way he had obtained sixteen guineas from my wife during my absence in the country, and put it to his own use, and from other transactions I had had with him, I had come to the conclusion not to trust him again—he said, would I let my son William meet him at Mr. Wigram's with them the following morning at nine o'clock—he was the first that suggested that—he said, if I would do so, he would introduce the property as mine to Mr. Wig-ram, and inform him my son was authorized to sell them, and my son should receive the money—he solemnly declared he would take no advantage of the boy, if I would trust the horses with him—upon that, I next day gave them to my son to take—I should not have given him the horses if the prisoner had not made that promise to me—they were three geldings—I have never received the money for them.
Cross-examined by MR. BALLANTINE. Q. When were you first intro-duced to Bray? A. A little before Christmas—I never wanted credit at all—I did not find people shy of dealing with me about Christmas—Bray did not introduce me to several persons to sell horses to—he did not introduce me to Mr. Dixon, whom I see here—Bray did not decline to give me any credit—I have got into Mr. Dixon's debt 59l. 18s., and 56l. 10s. 6d.—I have left the, 59l. 18s. unpaid because he owes me money at the present moment—on the 6th of July I owed him 59l. 18s.—on June the 9th, I owed him 56l. 10s. 6d.—I paid him that, and have got his receipt for that in my pocket—I did not pay him the 59l. 18s., because he owes me money—I mean the money he received
from Mr. Wigram—the prisoner has handed it over to Mr. Dixon, to induce him to become his bail—I did not pay Mr. Dixon the money, because I understood he had encouraged the prisoner to keep my money—I gave a bill—this is it now in your hands—when it came to maturity I did not pay it—the prisoner had not been charged on the 9th of Sept., but I had heard that he had handed over the money to Dixon—the money was paid on the 4th—the prisoner did not get Mr. Dixon to trust me—I have heard Mr. Dixon say be would not trust him—I have no doubt about owing Mr. Dixon 59l. 18s.
Q. If you do Mr. Dixon out of this, you will not be much out of pocket? A. I do not expect to do him out of it—I did not find out that this was all jobbing, and the prisoner could not sue me for it—Bray did not introduce me to a person named Allen—I know Allen—I do not owe him 170l.,—am I obliged to say what I do owe him?—Bray did not purchase horses of Allen to the amount of 160l., to my knowledge.
Q. How much do you owe Allen of the amount of the horses Bray has purchased? A. Am I obliged to answer that?—he has bought horses for me previous to having his discharge for dishonesty—I do not owe Tattersall 70l.—I swear I only owe him twenty-five guineas—I do not owe him anything for horses purchased by Bray—I cannot tell the exact day that I first heard a charge of horse—stealing, or false pretences made against Bray—he made a demand on me for money owing to him on the 6th or 7th, two days after he kept this money—I made a charge of theft against him some few days after it occurred—it was a day or two after his making the demand for money.
Q., He is a brother—in—law of Dixon's, is he not? A. I believe he is—I do not know that some people whom he has been dealing with on my account, have commenced actions against him—this is the first I have heard of it—there have not been demands made against me that have not been paid—I have denied his right to sell from the 26th of July.
MR. HUDDLESTON. Q. Have you paid the 56l. 10s. 6d.? A. Yes—the 59l. 18s. was due on the 9th of Sept.—I refused to pay that because I be—lieved Dixon had got the money from Bray—the transaction with Allen was before the 26th of July—I never had any dealings with Bray after the 26th of July—he used to buy horses for me on commission—I did not pay him according to the value of the horse, but according to the price agreed upon—he used to call on me for payment—I knew of his buying horses for Allen, and substituting screws for them, having sold the good horses to other people—it was in consequence of that discovery, and of his cheating my wife of sixteen guineas, that made me determine not to trust him—Dixon is a brother—in—law of Bray—he keeps the Repository at Barbican—it was not through Bray at all that Dixon trusted me with horses—it was Dixon that employed Bray—he sent in his account on the 6th or 7th—I knew then that he had received the money from Mr. Wigram, and bad gone to my attorney about it—he wrote me a letter on Friday evening, and told me he had got the money—that was before I made any charge against him—I had no know-ledge on the Friday morning that he had got the check—he denied it that morning, as my son will prove—all transactions had ceased between us on the 26th of July, and I had paid him all I owed him, and more.
COURT. Q. Did you buy a gelding of him on the 29th of Aug. for 18l.? A. No, nor about that time.
WILLIAM PBRSHOUSI . I am the prosecutor's son. On the 29th of Aug—I took some horses from my father's stable to Blackwall, to Mr. Wigram's counting—house in the Dock—yard—I had heard the conversation between my father and Bray, and went to receive the money—Mr. Wigram came out and
looked at the horses—Bray did not introduce me to him—he was to have done so—I wished to speak to Mr. Wigram about the horses—Bray prevented me—he said, "Hold your tongue"—I trotted the horses about—Bray said, "Mr. Wigram will take two, put them in the stable"—I put them in the stable, and was then going round to the counting—house to get the money—I met Bray in the yard—Mr. Wigram was gone—Bray said I was to come next Thursday for the check, that Mr. Wigram wanted some more horses, and I was to bring them—I went on Thursday, and saw Bray outside the gate—he said it was of no use my going, for Mr. Wigram had gone out, and would tend the check to my father in a letter, and that he bad left directions with Mr. Wigram where we lived—I was stopping, and he said, "You had better go with me to the railway, we shall just catch the train"—I went in the train, back to Fenchurch—street—on the Friday I saw Bray—I asked if he had got the check—he said, "Don't fear, Mr. Wigram will send it, I have not got it."
Cross-examined. Q. Did you not meet the prisoner on Thursday at ten o'clock, and did he not tell you he had not got the cheque in his possession? A. Yes, he said Mr. Wigram would send it down to us—he also said so on the Friday—I said so before the Magistrate—I am nineteen years old—the horses were to be left with Mr. Wigram if they were paid for—my father told me not to trust Bray with them out of my possession—I did not—I left them in Mr. Wigram's stable by Bray's direction.
COURT. Q. Who sold the horses? A. Bray—I was to have done so, but he would not let me speak—he sold them while I was running them back-wards and forwards—my father sent the price of them to Mr. Wigrtm—I do not know what price they were sold at—the contract was entirely between Bray and Wigram—I never said anything to Mr. Wigram about the price
MR. HUDDLESTON. Q. Did you hear any bargain about the horses between Bray and Mr. Wigram? A. No—I was away from them, running the horses up and down—in the conversation between Bray and my father 66l. was mentioned as the price.
MONEY WIGRAM, ESQ . I am a shipbuilder at Blackwall—last month I employed the prisoner to get some horses for me—I had done so on former occasions—on 29th August three horses were brought for my inspection—I selected two—I was not aware who they belonged to—Bray did not introduce Pershouse to me as the son of the owner, or say that the young man was to receive the money from me—the young man bad the appearance of a common horse—dealer—he was beginning to speak, and I told him I had no wish to have any communication with him, I would speak to Mr. Bray about them—if he had said anything about his being the owner I should have heard him—Bray did not leave the direction of Mr. Pershouse's residence with me—on Thurs-day, 3rd September, he asked me for his commission—he did not ask me to give him the check—I asked if I should settle his account—he said, "Yes," and I gave him a cheque for 69l.
Cross-examined. Q. You had had dealings with him previously? A. Yes—and I find that Pershouse has sent horses to me through him on a previous occasion—I am not aware whether I have bought Pershouse's horses before, but there was one sent me which had a cold, and I would not buy it—I employed Bray as agent to look about for horses—he was to receive a certain amount of commission from me—he was recommended to me by a friend, who said his conduct was always correct, and I know nothing to the contrary—young pershouse was dressed as a groom—if he had stepped forward and said that he was the owner of the horses, I should have attended to him—I should say further, that after I had told Bray I had bought the horses, I was walking
from the counting—house and Pershouse and Bray were coming from the stable—they passed me, and Pershouse had the opportunity of speaking to me if he had chosen—I did not pay the money for four or five days after—wards—when Bray asked for his commission I volunteered settling the whole account—the father has called on me and said that it was quite correct, and he had no complaint to make against my paying the money to Bray.
NOT GUILTY ,
MR. HUDDLESTON offered no evidence.
NOT GUILTY .
NEW COURT. —Monday, September 28th, 1846.
Third Jury, before Edward Bullock, Esq.
1916. JULIA DAY was indicted for stealing 1 shift, value 3s. 6d.; the goods of Jane Clent: 1 collar, 4s. 6d.; the goods of Ellen Adams: and 1 yard and a quarter of satin, 7s.; 1 yard of silk, 4s. 6d.; 1 yard of plush, 3s. 6d.; and three quarters of a yard of linen, 6d.; the goods of Hannah Simmonds; to which she pleaded
GUILTY . Aged 22.— Confined Six Months.
MR. DOANE conducted the Prosecution,
CHARLES SAWING . I live in Gibraltar—walk, Bethnal—green—I have known the prisoner about eighteen months—he dealt in sacks—he came to me about the middle of Aug., and asked if I had any sacks to sell—I said I had about 2000—they are called gunny—bags, and are made of hemp—he asked what I could sell them for—I said, when mended, at not less than 3s. a dozen—he told me to give him three as a sample, and he thought he could get an order for 2000—he called again next evening, and said he had got an order for them from Mr. Marshall, of Cross—lane—he was to give me 3s. a doses—they were to be mended—I said I had not money to pay for mending them—he said he would lend me 7l., and when I got my money I could pay him the 7l., back, and pay him for his trouble—I did not have the 7l.—I might have had it, but I requested him to keep it to pay the women for mending them—they were completed, and on the 31st of Aug. they went in on a wagon which I hired—the prisoner went with me with them to Mr. Marshall's stores, at Limehouse—they were delivered there—I did not get any money then—I saw the foreman in the prisoner's absence—I went again the same afternoon, with the prisoner, to get a receipt for the bags, because he said Mr. Marshall would not pay it without the receipt from the foreman—the prisoner told me the foreman produced the receipt—I went with him to Mr; Marshall's counting—house, in Cross—lane—he went in and came out again and told me he had to go again in two hours' time—he wished me to walk with him to his apartment to have some refreshment, I went, and he asked if I would take a drop of porter—he left the room, and said he was going for a pint of porter—he left the house—I waited half an hour, but he did not return—I then went to Marshall's counting—house, and learned that the money had been paid to the prisoner—they came to 25l., out of which I was to have paid him 7l., which he paid for the mending.
Cross-examined by MR. BALLANTINI. Q. You were to pay him a certain amount for getting them mended, and a certain amount for selling them? A. He did not ask me for anything—I said I would pay him for his trouble—I intended to give him a couple of guineas for his trouble—he had not said how much—I charge him with the difference between 9l. and 25l.—I had had one transaction with the prisoner before about sacks—he knew I had these sacks and wanted to get rid of them—he told me who the customer was before the sacks were delivered—they were delivered at Mr. Marshall's by my consent—there was not any arrangement that the prisoner was to have half the money—I sold them at 2s. 9d. a dozen—I did not receive the invoice—the prisoner left me without a penny in the world, and the women who repaired them have summoned me for the money.
NOT GUILTY .
WILLIAM FOSSY . I am a plumber, painter, and glazier, and live at Millwall, Poplar. On the 15th of September two persons came to me about half-past eight o'clock in the evening, and I went to the station—I there saw some lead—the prisoner had been in my service for a week previous to that, as a plumber—he was laying the gutters of houses—the lead was such as would be used for that purpose—it resembled a piece which had been cut off that day—it was mine—I had seen it safe between one and two o'clock—I went to the roof of a house the next morning at six o'clock, where the lead was that resembled mine—I compared the lead, and it fitted the place—I had other lead like it on my premises—two pieces were missing, and some more remaining.
Cross-examined by MR. DOANE. Q. Had you many men engaged on this job? A. Only one beside the prisoner—I was at work on the roof nearly the whole morning—I sent for the prisoner at noon—he came—I saw him again when he came for his coat and cap in the evening, about dusk—I saw him come out of the back shop—I stopped him, to take an account of his work—he gave me an account, but not satisfactory—he was about two minutes doing that—he had nothing in his hands that I observed—this if the piece of lead which matches—this is just like the piece that was cut from the roof—I gave the prisoner direction to cut this piece off.
COURT. Q. Was any one piece of the lead cut off for the purpose of showing that this fitted? A. No—the part on the roof with which this was compared was nailed down—this was compared with lead still remaining on the roof.
JOSEPH PUDDIFORD (police-constable K 276.) On the evening of the 15th of Sept. I saw the prisoner go into a tinman's and brazier's shop, at the corner of New—street, Limehouse—I heard a man in the shop say, We don't buy such stuff as this"—I went in and found the prisoner with this lead in his hands—I asked him where he got it from—he said it was his own I asked him where he worked—he said for Mr. Tossy, on Mill-wall—he afterwards said he had been fitting up a beer-engine on Mill-wall—I went with Mr. Tossy on the roof of the house, and saw him compare this small piece with lead that was on the roof—it fitted the corner of a gutter which was cut off.
GUILTY . Aged 32.—Recommended to mercy by the Prosecutor,— Confined One Month ,
1919. EDWARD UNWIN and GEORGE FISHER were indicted for stealing 500 bricks, value 1l., the goods of George Branson and another, On a wharf adjacent to a navigable canal, called the Regent's Canal; and DANIEL STAMMERS for feloniously receiving the same, well knowing them to have been stolen; to which
FISHER pleaded GUILTY .
MESSRS. CLARKSON and ROBINSON conducted the Prosecution.
CHARLES PAGE . I live in Richard—street, Portman—market. I am in the employ of Mr. Marshall, who is building some houses in Camden—town—the prisoner Stammers is building some houses adjoining Mr. Marshall's—before the 22nd of Aug. I had seen bricks drawn to Stammer's premises by Mr. Perkin's carts, which excited my attention—the carts were driven by Unwin and Fisher, and Stammers was there to receive them—I cannot say how many times I had seen the carts deliver bricks, and Stammers there to receive them—I saw Unwin driving a cart of bricks there on the 22nd of Aug. in the morning, and Stammers was there to receive them—he was always there—I went up to the wharf in the Hampstead—road—it is on the side of the canal—I do not know the name of the wharf—I believe it belongs to the Birmingham Railway Company—I saw Unwin and Fisher at work there, loading the bricks in the carts and driving them away—they each took one cart—they drove them towards the road where they always did, but instead of going towards Chalk—farm, they went down another turning right down to where Stammers and our master was building—I went and got my victuals, and when I came out they were by the side of Mr. Stammer's buildings—I saw Mr. Stammers there—he and Fisher walked together, Stammers gave him something, but what I cannot say—Unwin went away with the carts, and Fisher staid behind—the bricks were out of the carts—they had been shot out and laid on the ground—I saw Stammers before they van shot—I saw him point to where they were to be shot, on some more bricks—I had seen the other bricks shot—one load was shot in the morning—I know good bricks from bad ones—the usual mode of taking bricks out of carts it handing them from one to another—shooting them out would be likely to damage them, without they were good hard stocks, and then it do not hurt them—they are counted into the carts—they are very seldom counted when they are taken out—I saw Stammers give something out of his hand to Fisher—I heard it chink, but I do not know what it was—Fisher then went away—I had some conversation with Stammers after this—I was telling him he had a good deal of stuff brought home there, and I asked whether he was aware where it came from—he said he did not know where it came from—I said to him the next day (that was on the Thursday, I think)," The bricks do not seem to come in to—day as they used to do, "and I told him they belonged to the Railway Company I believed—he said he did not know, be bought them, he did not know where they came from—I told him if he was not aware, I knew he never bought them fairly—he said I was to mind my own business, he did not know where they came from—I told him I believed they were stolen property—he said he did not know, and to mind my own business.
Cross-examined by MR. PAYNE. Q. Let us understand this; on Saturday the 22nd of Aug. you say bricks went early in the morning? A. Yes—Unwin was not there then—in the afternoon Unwin drove one cart and Fisher another, to Stammer's place—the bricks were shot there, and then Unwin took the carts away—that is all I know against Unwin.
Cross-examined by MR. BALLANTINE. Q. This conversation with Stammers occurred on the Thursday after you had seen the shooting of these bricks? A. Yes—I had ascertained that they came from where I saw them carted—I did not tell Stammers that previous to the delivery of the bricks, but on the Thursday following, on the 27th—these were hard stocks—there was no harm done to them by the mode in which they were shot—good hard stocks you do not break so much, as by taking them out—a great many persons do shoot them—Stammers said he did not know where they came from, he had paid honestly for them—he said it was nothing to me one way or the other—he did not say he had to account to Mr. Burt—I cannot say whether he is foreman to Mr. Burt—Mr. Burt comes there and gives orders two or three, times a week—a great quantity of bricks had been delivered—the houses were finished, but they wanted a few bricks to make some addition to the interior.
HENRY PERKINS . I am a carman, and live in Drumraond—crescent. I am under a contract with Messrs. Branson and Gwyther for carting bricks from the wharf on the Regent's—canal, to the Camden station. Fisher and Unwin were in my employ on the 22nd of Aug.—on that day they were employed to cart bricks from the wharf to the station, Fisher for half the day, and Unwin for the whole day—it was their duty to take them to the Camden station—they had no authority to go anywhere else with them—I do not know Stammers—I never had any dealing with him—the other prisoners had no right to be at all on his premises on that day—it is from 500 to 700 yards from the wharf to Stamraers's premises—it is not above a minute's difference between that and the Camden station—Stammers was bailed on the first examination—after he had been bailed, he called on me at my house one morning—I walked into the parlour, and there he sat—he said, "What is to be done in this little affair?"—I said, "It is not a little affair, I think it is a very serious affair; you don't take it in a right light; don't say anything; don't tell me anything; I can say nothing;" and he walked out—bricks are sometimes shot out of a cart—we generally stack them.
Cross-examined by MR. PAYNE. Q. I believe Unwin remained in your employ? A. Yes—he never went away—Fisher did—Unwin was taken a day or two after Fisher—Stammers had been taken up separately, before that.
MR. ROBINSON. Q. I believe Stammers was bailed? A. Yes, once, and then he surrendered.
LOUISA PERKINS . I am the wife of Henry Perkins—I keep my husband's books—I keep an account of the time the different men are employed—I have the book here. On the 22nd of Aug. I see an entry of mine respecting Unwin, "Had bricks at the Camden"—I got this from his own statement in the evening—I have an entry of Fisher also.
SAMUEL HICKS . I live in Bentick—court, Henry—street, Portland—town and work for Mr. Marshall. I know the three prisoners—on the 22nd of Aug., just before dinner, I saw Fisher and Unwin bring two loads of bricks—Stammers stood by while they were shot, and told them where to shoot them—I saw Unwin go away with the carts, and Fisher remained talking to Stammers.
Cross-examined by MR. PAYNE. Q. Did you see Unwin? A. Yes—I knew him—I am not mistaken in his person—I have had no quarrel with him—I saw him coming with bricks to the company on that day—I saw him between eleven and twelve o'clock.
MR. ROBINSON. Q. Do Mr. Marshall's premises adjoin Mr. Staramers's? A. No—there is a partition between them—when Unwin has brought bricks
I have seen Stammers there—I have never seen anything pass—I have seen the bricks shot, and Stammers standing by.
DANIEL WILLIAM SMITH . I live in Leman—street, Hampstcad—road. I am in the employ of George Branson and Edwin Gwyther, as wharf—clerk, at Camden—wharf, which is wholly in their use—they have a contract to build for the North Western Railway Company—after Stammers's first examination, I saw him—he stated that the transaction was a very unpleasant one, and that he was an innocent party—that he had paid as much as the bricks were worth, 38s. a thousand—that he was a member of the Building Society, and worked all his shares out, and paid them no money for his shares—he asked me if I could recommend him to any one, or who were the most likely persons under our firm to arrange this matter—I told him I could not point out any one, he might see the foreman, or any of them—he said if I could do anything, he would not mind giving 5l. to hush it up—I told him I really could not entertain such a thing, as I should be equally guilty with him, if I attempted such a thing as to compound a fraud—he wished me to name it to our people, and he was to call at six o'clock to know the result—he called, and I said our people could not entertain it in any way—I said I had no vindictive feeling, I was sure our people had not, and if he was as upright as he stated, there was no doubt he would get out of it—I examined his premises on the 22nd of Aug., and I found 5,000 bricks, which I believe to be ours—1,900 were pointed out as shot on the Saturday, and from reference to my books I conclude that they had all been our bricks—I pulled down part of a wall, and found those bricks were ours—Mr. Hunt was the maker.
Cross-examined by MR. BALLANTINE. Q. I believe Stammers said he was wholly innocent of any knowledge of the matter? A. I think he did—he said he was innocent, and sooner than proceedings should go on, he would give 5l. out of his own pocket—he asked me to arrange it if I could—he said he had paid more for these bricks than he thought they were worth.
JAMES HUNT . I am a brick—maker. I supply Branson and Gwyther with bricks—I supplied them with them every day during the month of Aug.—I have seen these bricks—there is no doubt they are my manufacture—I do not know Stammers—I have had no dealings with him.
JURY. Q. Were any of your bricks disposed of to other persons? A. Yes, to several.
JAMES MASON (police-constable S 168.) In consequence of information, I examined some stacks of bricks on Stammers's premises, and I found a number marked "H"—I went to Lisson-grove, and saw Page go into a house—I saw Stammers leave the house, and cross the street—Page ran after him, and called me—I followed, and overtook him—I asked if his name was Stammers—he said it was—I told him I had a charge of felony against him, and he must accompany me to the station—he did not ask for any explanation.
Cross-examined by MR. HUDDLESTON. Q. Did Stammers say that he had bought two or three loads of bricks and bats of a man who had a barge up, and he paid for them? A. He made a defence to that effect at the Police—court—I heard him say he bought some bats.
(The prisoners' statements before the Magistrate were read as follows:—" Unwin says—I am as innocent as the child unborn; I never was there, and never saw Stammers till to—day."
"Stammers says—I am in a situation as foreman; when goods come I see them unloaded; if we have been short of materials, I have gone out and bought them; I bought two or three loads of bricks and bats of a man who said he had a barge up, and I paid for them."
UNWIN— NOT GUILTY .
STAMMERS— NOT GUILTY .
1920. GEORGE FISHER was again indicted for stealing 1 load of sand, value 3s. 9d., the goods of Henry Perkins, his master, upon a wharf adjoining a certain navigable canal, called the Regent's—canal.—2nd COUNT, stating them to be the goods of George Branson and another; and DANIEL STAMMERS for feloniously receiving the same, well knowing them to have been stolen.
FISHER pleaded GUILTY . Aged 22,—received a good character, and Confined Eight Months.
MR. ROBINSON conducted the Prosecution.
CHARLES PAGE . On the 27th of Aug. I saw Fisher and another man bring six loads of sand to the work where Stammers is—each of them brought three loads—they were shot down altogether—I saw Stammers—he was always there—I did not see that he gave any directions as to where the sand was to be shot—he stood there—the carts went away—I cannot say that I saw Stammers there during the whole time these loads were delivered—I saw him there once—the sand was shot opposite his premises—on the same day I had some conversation with him—I said, "Your carts don't come here so frequently as formerly"—I told him he had been having a good load of things, was he aware where they came from?—he said he did not know where they came from—I said I believed they came from the railway, I and I believed they were "not honest"—he said he did not know, he was sure, he paid for them, and paid a fair price, and he did not know where they came from—I had a conversation with him on Saturday, the 29th of Aug.—I said the same to him again—he said he did not know where they came from, he had them honestly, and paid for them—I recollect seeing his premises on Monday, the 31st of Aug.—I was at work about there—I saw the sand there, and there was a load of road grit drawn is, to make mortar—it was shot on the sand, which had been deposited—it did not cover the sand altogether.
HENRY PERKINS . I live in Drummond—crescent, and am a carman—Fisher was in my employ—he absconded on the 3rd of Sept.—I was in the habit of supplying Branson and Gwyther with sand—on the 27th of Aug. Fisher was employed to cart a barge of sand from the wharf to the railway premises—Stammers afterwards called on me, and asked if anything could be done in this little affair—I told him to tell me nothing.
MATTHEW MARSHALL . I have premises adjoining those of Stammers. On the 27th of Aug. I saw a load of sand delivered by Fisher and another, on Stammers's premises, and shot down—I had seen a great quantity of bricks delivered there before the 27th of Aug., by Fisher and Unwin.
DANIEL WILLIAM SMITH . I am wharf—clerk to Messrs. Branson and Gwyther— it is my duty to give tickets for loads of sand from the wharf to the railway. On the 27th of Aug. I issued fifty—one tickets—when a load of sand leaves the wharf, I give the carter a ticket, and when he goes to the other place he gives that ticket up—there were two or three carters employed that day.
JAMES BURBIDOE . I am gatekeeper at the Round—house gate, Camdea station. On the 27th of Aug. I received one ticket with every load that came to that gate—I kept the tickets in a bag in my pocket till the next morning, and then gave them to the under clerk.
WILLIAM SLEIGH . I am gatekeeper at the other gate at the Camden station—I received a ticket with every load that came in at that gate on the 27th of Aug.—I took care of the tickets, and gave them to the clerk on the following morning.
JAMES MASON (police-constable, S 168.) I received information, and went within five or six yards of Stammers' premises, on Tuesday the 27th of Aug.—there was a heap of sand lying there and some road dirt shot by the side of it—the road dirt was partly over the sand, and on the Wednesday the sand was completely covered with the dirt—you could not see any of the sand without looking quite under the bottom.
Cross-examined by MR. BALLANTINB. Q. Do you mean they were mixed together? A. On Tuesday they were not—on Wednesday the sand was completely covered with the dirt—they were not mixed together any more than by one being over the other—I did not see any one working them up.
STAMMERS— NOT GUILTY .
GEORGE FRANCIS BOOTH. I am a coppersmith, and live in Church-street, Greenwich. Between three and four last Thursday afternoon, I was going from Gracechurch-street towards Fish-street-hill—I saw the prisoner take Mrs. Wightman's dress up, and put his hand into her pocket—I went up to her and asked if she had lost anything—she said, no—the prisoner was then walking before her—he made rather a start and walked pretty fast till he got to the corner, he then made a run—I hallooed "Stop thief!"and the police, man caught him—I saw him take the purse out of Mrs. Wightman's pocket, and he dropped it when we detained him.
Cross-examined by MR. O'BRIEN. Q. How far were you from Mn. Wightman at the time? A. I might be ten or twenty yards—I was on the same side of the street—there were a great many persons between me and the prisoner—I am certain I saw him at the pocket—he had passed the lady when I came up, but he had not passed my sight—he got out of Gracechurcb—stoet into Fenchurch—street before he was taken, but I did not lose sight of him—he might have got twenty or thirty yards up Fenchurch-street-there were a number of persons running after him when I called "Stop thief—I was touching his arm when the purse fell—I saw him draw it out of his pocket and put it behind him.
JAMES BROWN . I am a cigar—maker, and live in Whitechapel. I saw the prisoner on the 24th of Sept. in Fenchurch-street—he was standing by the church at the corner—I saw him drop this purse—I told the policeman, he instantly put his foot on it, held the prisoner off with one hand, and picked up the purse with the other.
Cross-examined. Q. Did you point the policeman's attention to it? A. A good many hallooed out, "There, he has dropped it!" I saw Booth standing close by.
LOUISA WIGHTMAN . I am the wife of Stephen Wightman—he lives at Greenwich—last Thursday afternoon I was in Gracechurch-street—I saw the prisoner step before me as I was walking along—some one spoke to me—I felt in my pocket and missed my purse, which contained a sovereign and a sixpence—it was safe in my pocket when I left the train about ten minutes before—this is my purse, this sovereign and sixpence were in it when it was returned to me.
JOHN MACK (City police-constable, No. 545.) About ten minutes before four o'clock I saw the prisoner running, and several after him—I stopped him and took him back to the corner, where I met the lady—I turned my eyes off the prisoner to speak to her, and the people cried out, "There is a purse
on the ground"—at that moment I saw the purse and took it up—I asked the lady what it contained, she said a sovereign and a sixpence.
Cross-examined. Q. You had the prisoner before the purse fell? A. Yes.
GUILTY . ** Aged 17.— Transported for Seven Years ,
MICHAEL WILLIAMSON . I am a baker, and live at Stepney. The prisoner was in my employ for two years and a half—it was his business to take out bread and receive money for it—and to deliver it over to me as soon as he came in and account for the money, and I booked it—he never accounted to me for 6s. received from Mrs. Ballard, and he never paid it me—nor 5s. from Mrs. Mannicon on Saturday the 12th of Sept.—I went round with him to the customers on the Monday following—before I went with him, he told me of some money he received from a Mr. Burk, and 5s. from Mrs. Mannicon on the Saturday before, and 6s. of Mrs. Ballard on the Wednesday before.
Cross-examined by MR. ROBINSON. Q. Did he not tell you he had lost a portion of it A. I did not hear about losing it then—he afterwards said he lost one sum, and when he received another he paid that for the first—I afterwards saw his father—I did not agree that 2s. a week should be stopped out of the prisoner's wages—I said he could not stop longer—there were not 2s. stopped—I did not pay him on the 19th, and I found this out on the 14th.
WILLIAM DAVISON DAY (police-constable K 74.) I took the prisoner on the Monday—I told him it was for embezzling 6s. and other money, the property of his master—he said he had received 23s. altogether—in going along he turned and said, Mrs. Ballard was following him, and he did not wish her to come to the station, as he had received her money, and he had received 6s. from Mrs. Mannicon, and he had taken that to pay Dr. Llewellyn's bill which he had lost part of.
(The prisoner received a good character.)
GUILTY . Aged 17.—Recommended to mercy by the Prosecutor and Jury. Confined Two Months.
NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY of a common Assault. Aged 37.— Confined One Year.
LAWSON URE . I am warehouseman to the prosecutors. Last Tueday evening, at half—past six o'clock, I shut up the warehouse—I then went round to the back—the passage door was shut and locked—Mr. Colville tried it, and he went home—I went to the back of the premises for a few minutes—I came back through the passage, and tried the door again—I found it a little loose—I gave it another shove, and got it a little open—I shoved It again, and it gave way—on going in, I found the prisoner—he gave me a parcel to give to Mr. Nicholson—I don't know who Mr. Nicholson it—the prisoner had no business there—I caught hold of him—he dragged me out with him—I held him till the constable came, and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. How many doors are there to the warehouse A. Three—I tried them all—it was the passage door I found was open—there were no marks of its having been broken open—there were no articles removed.
JOHN GWYNNE (City police—constable, 460.) I took the prisoner—he said it was quite a mistake, that he found the door open—he had a paper parcel containing this canvass bag—this is the parcel he gave to Ure—when I got the prisoner to the station, I was going to search him—he said it was unnecessary, and he pulled out these three other bags from various parts of his person—he took out this screw—driver, this dark lantern, and four pieces of string ready cut—he had this skeleton key in his hand when I took him—it opens the warehouse door where he was—he had this knife, and this other skeleton key.
GUILTY .— Confined One Year
MR. DOANE conducted the Prosecution,
JOHN CHALKLEY . I am married to the prisoners' mother—I live at Somer's—town—the prisoners live with us when they please to come home, and they came and had their meals—they would not work—I had a horse which did not suit me, and I swapped it away with Mr. Batchelor's man—I gave him 2l. and my horse for a horse of his—I bought a cart of Mr. Batchelor for 4l. 10s., and kept it in his yard—I had a harness, which I bought in Long—lane—on the 10th of July I went in the cart to fetch my wife's sister from Poplar—I returned with her and my wife about ten minutes past one o'clock—I was going on to Batchelor's yard, and the prisoners stopped the cart—Edward tore the board off, and put his name on it—Batchelor was the ringleader, he set them on—they nearly upset the cart—the women had very nearly fallen back, but I got to the fore—part, and kept the cart down to keep them in—the prisoners seized me and tried to drag me out—they took the cart and horse to Batchelor's yard, and he locked it up—I did not employ a solicitor—I did not understand it—I wanted my horse and cart back—I went before a Magistrate, and he dismissed the charge—I then engaged a solicitor.
COURT. Q. On what ground did the prisoners claim this cart? A. The said it was theirs.
Cross-examined by MR. HORRY. Q. Did you not take it out of Mr. Batchelor's yard? A. No.
MR. HORRY called
WILLIAM BATCHELOR . I live at No. 1, St. Pancras—walk—I knew the cart and horse—I bought them in Smithfield—I had no dealing with Chalkley—I sold the horse and cart to the prisoners, and Chalkley came to my premises, brought a great sledge hammer, and stole the horse and cart
MR. DOANE. Q. Do you remember Chalkley and his wife and sister coming home? A. Yes, and all her clothes were up above her knees—I did not take the horse—I took the reins—I did not take the belly-band off—the prisoners bought the horse and cart of me—I do not know where they got the money.
NOT GUILTY .
OLD COURT.—Thursday, Sept. 24th, 1846.
Third Jury, before Mr. Recorder.
JANE FORD . I am the wife of Patrick Ford, of Upper Chapman-street, Ratcliffe-highway. On the 5th of Sept. the prisoner lodged at my house—I served him with a written notice that morning, to quit that day week—he seemed very much displeased—he had lived there five weeks—he said he would have revenge for such actions—he returned about half-past one in the day, and had scarcely entered his own room, when he made use of very indecent language towards me—he said he would let the Irish w——know soon, the old sow—I stepped towards the street—door, hearing the expressions, and beckoned to a neighbour's boy to fetch a policeman—on my return to my apartment I said, "My good man, you had better mind what you are saying, or you may get into trouble"—he said, "What, you b——w——, have you got any boiling water to throw over me?"—I said, "Yes, I have; and if you interfere with me, you shall have it"—I went into my own room and shut the door—I heard a scuffle in the passage—it was his wife wanting to keep him away, but he forced my door open and struck me with his fist as I stood at the table—I turned round towards the fire-place, where there was a saucepan with some slops in it—I took the saucepan off the hob, and threw the water towards the door, where he stood—he rushed in on me, took the saucepan out of my hand, and knocked it about my head—some of the water reached him—it was not boiling, it was only warm—there had been no fire since half-past twelve—he closed the door when I threw the water—he struck me three times on my head, and it streamed with blood all over—(I went to the station-house, and Dr. Stock was called in)—the prisoner's wife dragged him out of the room, but he made his way in again, took an iron plate which hung before the fire, and made a blow at me—I put up my hand to save my head—he struck my hand, shoulder, and arm with it—it made me quite senseless—when I recovered I found myself alone, but the witness was calling "Murder!" in the passage—he kicked me on the thigh when his wife was trying to pull me away—that made me unable to move from the spot.
Cross-examined by MR. PAYNE. Q. You had a dispute about the rent, had you not, before this? A. Three weeks before this—that was the first time I had thrown hot water at him—a fortnight before he came into my room and used threatening language to me—he said he would have my life if I interfered with his place, when I demanded the rent—he said he would not pay it, and would be there in spite of me—I said he should not, and I should padlock his door if he did not quit the place—he came into my room, and began to aggravate me before witnesses—I shut the door—he came round to my back—room window, and said he would see my Irish blood out—I took up a basin of slops, and threw it in his face at the window—it was cold water"—I had been washing glasses in it—I do not know whether he was sober on the day in question—I have not sworn he was not sober—I said he had had
some drink, but knew what he was about—he had the smell of drink on him—I swear it was not hot water out of a kettle I threw over him a fortnight before—it was out of a kettle, but it was not hot, because it was fresh filled—he was not speaking to his wife on this day—I called his wife into my room to know if she had suited herself—she said she had not, for nobody would have her husband, being such a vagabond to her—he came into my room and said, "I will be here in spite of you"—on the day he struck me he was in his own room, when I said, "Mind what you are about"—it was I was going to my own place—he used the same words to his own wife—she said, "Mind what you are about"—he said, "The b——Irish wh—I will let know very soon what I am about," but he did not mention my name—I did not get the iron hanger to strike him with after he struck me—I did not say I went to the fire to get the hanger—I never thought of it—he knocked me down by the fire—I laid there—I have been a respectable housekeeper twelve years.
Q. Did he not say he would pay no more rent till you showed the receipt, and did you not throw water over him, saying, "There is my receipt?" A. No such thing—after he left me in that state he came into the room with the poker in his hand—I did not call him a drunken, lousy thief.
MATILDA BALDWIN . I lodge in the same house as the prosecutrix. On the 5th of Sept., about half-past one o'clock, the prisoner came home and used I very bad language to his wife, and swore if he could catch the landlord how I he would serve him—he then said if he could get hold of the landlady be I would serve her out—he asked her whether she had got any hot water to throw I over him—she said, "Yes, if you dare to insult me I will"—she went in and I shut her door—he jumped out of his own window, which is on the ground floor, I opened the door, and followed her into her room, he struck her in the face as soon as he opened the door, and then she threw the water over him which she I had to wash the plates and dishes with—he took the saucepan and beat her I about the head with it—she fell backwards towards the fire, as she had run I towards the fire while he was beating her—as she fell, he took up the iron I hanger that was before the fire—she had not the hanger in her hand—I do I not know where he got it from.
Q. Have you not stated that she ran to the fire to get the hanger to hit him with? A. Yes, but she fell with the blow he struck her on the head—I know she was going to get the hanger because she made the attempt, but falling prevented her getting it—he took it himself, and struck her over the shoulders several times with it—he struck her once with his fist—I went for a policeman—the hanger was found in the prisoner's room afterwards.
Cross-examined. Q. He was not sober, was he? A. No, he was a little I in liquor—I am quite sure he struck her in the face when he went into the I room first, before the water was thrown over him—I think I said before the I Magistrate that he used very bad language to his wife, and if he could only get the——landlord he would beat him, and that if he could get the landlady he would serve her out—there is a landlord—my husband works at the dock—the prosecutrix has rather a violent temper—she has put up with a good deal from the prisoner—this is not the first time she has thrown water over him—that is what he meant by asking if she had any hot water, but he had used very bad language before to her—she ran to the fire to get the hanger to hit him with, and he knocked her down—he had knocked her down before that—I said so before the Magistrate—I afterwards found the saucepan in the street.
EDWARD HAWLEY (police-constable K 209.) Mrs. Ford came to me in St. George's-street, covered with blood—I went to her house with her, and took the prisoner—she said in his presence that he had broke into her room, knocked
her down, beat her head about with a saucepan, took the iron from the fire, beat her on the back, and kicked her down the side—I found the iron-hanger in the prisoner's room—he said she brought it all on by her own temper.
Cross-examined. Q. She did not tell you she had thrown water over him first? A. She said she had defended herself, and thrown water over him when he rose his hand to knock her down, after breaking into her room—the prisoner was not sober—he appeared to know what he was doing—he walked to the station very well—the blood was all over Mrs. Ford's clothes and down her head, neck, and arms.
JAMES. SLACK . I am a surgeon, and live in King David-lane—I examined Mrs. Ford at the station-house—she had a cut on the back part of her head about an inch long, and a quarter of an inch deep—there was a contusion on her left shoulder and on her side, on the lower part of her back and the upper part of her thigh—I examined her person afterwards at my own shop—the appearances indicated considerable violence—a saucepan would account for the wound on the back of the head—the contusions might be from kicking or thumping—they were extensive, went all over the shoulder-joint down the arm, and a little on the fore arm, on her side and hip and on the upper part of the thigh and back—I saw her about three o'clock—the bleeding had stopped then—the wound on the head was a lacerated wound—a blunt instrument caused it—this saucepan would cause it.
GUILTY of a highly aggravated assault. Aged 39.— Confined One Year, and to enter in recognisances to keep the peace for three years.
NEW COURT.—Tuesday, September 29th, 1846.
Sixth Jury, before Mr. Common Sergeant.
1930. JOHN WELLHAM, JOHN JACKSON, GEORGE MOORE, GEORGE GARDENER , and JAMES GARDENER were indicted for burglariously breaking and entering into the dwelling-house of Henry Dewsbury, at St. Margaret, Westminster, with intent to steal, and stealing therein, 2 pictures and frames, value 50l.; 2 china ornaments, 1l. 10s.; 1 dish, 1l.; 1 card-case, 10s.; 1 chimney ornament, 5s.; 1 work-box, 1l.; 6 doyleys, 6d.; 5 napkins, 10s.; and 10 yards of brown h oil and, 5s., his property; and that MOORE had been previously convicted of felony.
MR. BRIERLY conducted the Prosecution.
SARAH HALE . I live with Mr. Henry Dewsbury, at No. 1, Upper Gore, Kensington—it is his dwelling-house—I went to bed at eleven o'clock at night on the 31st August—I was the last person up—I am sure I shut all the windows and doors safe—the drawing-room is on the first floor—the front window looks into the main road and the back into the back garden—I saw that the windows of that room were down, and I shut the door myself between ten and eleven o'clock—I got up in the morning between six and seven o'clock—it was after six, but I cannot say how long—I found the policemen at the door—it was their ringing the bell that awoke me—they came in, searched the house, and there were two large pictures gone from the drawing—room, also two chimney-ornaments, a card-dish, card-cases, and a number of other things—they have all been found, and are here—they are all my master's.
Cross-examined by MR. NAYLOR. Q. Is it not usual to leave the drawing-room window up? A. No—I never left it open—it is not usual with the other servants to leave it open.
Cross-examined by MR. MELLEB. Q. What is Mr. Dewsbury's Christian
name? A. Henry—he has no other name—I generally get up about til o'clock.
THOMAS SAPP . I am gatekeeper of Kensington-gate. On Tuesday morning, 1st September, about five minutes after five o'clock, I was opposite Mr. Gray's nursery, and saw the prisoners Moore and Jackson—they were close together, and appeared in company—Moore had two pictures, similar to thete—they walked together to the end of Park-house, and there I saw Jackson take one of the pictures from under Moore's arm, and they walked into the meadow by Park-house—they were coming in the direction of London—I came on to the Halfway-house, which is about 150 yards further—I unlocked the gate and turned back—I then saw Jackson and Moore again standing at the end of the wall of Park-house, without the pictures—they came out into the main road just opposite me, and walked on towards Kensington—they then met the other three prisoners, who were coming in a direction from Mr. Dewsbury's house—they were nearly opposite to it—they stood together about a minute, and then they all returned towards the meadow—I went to my own house at Kensington-gate, I unlocked the carriage-gate, and went into the high road to see if I could see the prisoners any more, and I saw the five coming back again towards Kensington-gore—I could not tell whether they had been to the meadow—I think they had hardly had time to have done that—they turned down Kensington-lane—I found Dunbar, and told him—he and I went to the meadow—we found nothing—we went to the station and got another officer—we all three returned to the meadow and found these two pictures, under a large mortar board with a quantity of tiles on it, we also found this ivory work—box—we took the property to the station, and the box was opened—I am sure the prisoners are the persons—I afterwards found one of these chimney-ornaments in Hyde—park, and the park-keeper found the other—I afterwards found this holland in the plantation of the park-the gita were locked, but they might get over, or they could put these in by potting their hands through the railing.
Cross-examined by MR. NAYLOR. Q. When you first saw the parties, how far were they from the hedge? A. There is no hedge by the roadside—there is an iron railing—they were about five yards from that—there is a wall, which is not more than eighteen inches high I think—they were on the right-hand side of the road—I am a constable.
Wellham. On the first examination he did not swear to me and the two Gardeners. Witness. I have not a doubt of them—I know them all by sight—I have seen them lying about the plantations scores of times.
JOHN CLARK . On the morning of the 1st of Sept. I was in Kensingtongore—about six minutes past five o'clock, and saw the five prisoners all walking together on the footpath opposite Lady Blessington's, and about fifty yards from Mr. Dewsbury's, towards Kensington—I merely noticed them walking together.
GEORGE DUNBAR (police-constable T 91.) On the 1st of Sept. I was in Gore-lane about half-past five o'clock—I received a communication and searched the meadow with Sapp and another officer, and found these picture—I then found one of these chimney-ornaments—I went to the prosecutor's house, and saw marks on the walls, as if somebody had got in at the window.
the high road at Knlghtsbridge, and saw the five prisoners together, about twenty minutes before nine o'clock in the morning—I sent a constable for assistance—the prisoners went into the park and laid down on the grass—we went and took them into the guard-room—I found this napkin in Jackson's pocket.
JOHN FRIENDSHIP . I produce a certificate of the prisoner Moore's former conviction at Clerkenwell, by the name of James Collins—(read,—Convicted on the 1st of Jan., 1844, confined seven days and whipped")—he is the person.
(James Tabberer, a land-surveyor, gave Jackson a good character.)
WELLHAM— NOT GUILTY .
JACKSON.† Aged 19.
MOORE.† Aged 17.
Transported Seven Years .
GEORGE GARDENER— NOT GUILTY
JAMES GARDENER— NOT GUILTY .
MARGARET ASH . I am single, and live in Twine-court, Shadwell—between nine and ten o'clock on the night of the 20th of Sept. I was drinking at the bar of a public-house at the corner of the Match-walk—the prisoner and a man, who I believe was her husband, were standing there—the' man asked me to drink out of his pot—I had not time to drink, before the prisoner took the pot out of my band, and struck me on the head with it—I became senseless, and was carried out—I never saw the prisoner in my life before.
Cross-examined by MR. HORBY. Q. Did she not turn round and talk to somebody? A. No—I did not touch her husband, and try to get him to talk to me—I am an unfortunate girl—I never spoke to the man.
MR. HORRY called
HONORA DONOVAN . I am the wife of a labourer, and live in Queen Ana-street, Whitechapel—last Sunday week I went to see Mrs. Doran—we went into the public-house to have a drop of beer—Doran's husband sat on the farm, and I was sitting on it—what conversation passed between him and Ash I cannot say, but Mrs. Doran came up and said, "Have nothing to do with him; he is my husband"—Ash made use of an awful expression, and said she would punch her guts out—I had a baby in my arms, and I moved back—which struck the first blow I cannot say—I did not see the blow struck.
GUILTY of an Assault. Aged 45.— Confined Four Months.
Before Mr. Recorder.
1932. CATHERINE HARPER was indicted for stealing, on the 28th of Aug., 1 watch, value 10s., the goods of James Barlow; and ANN HARPER , for feloniously receiving the same well knowing it to have been stolen.
CATHERINE HARPER pleaded GUILTY . Aged 17.— Confined One Month.
ANN HARPER pleaded GUILTY . Aged 24.— Confined Six Months.
Before Edward Bullock, Esq.
GUILTY . Aged 34.— Confined Three Months.
Before Mr. Common Sergeant.
WILLIAM ATFIELD (police-constable K 383.) The prosecutor came to me on Sunday week—I went with him to his house, and took the prisoner-Kemp said, "Policeman, I will tell you the truth; I may as well tell it here as anywhere else; I took them out of Mr. O'Neil's box, to pledge, to get my old man's coat out of pledge."
DENNIS O'NEIL re-examined. Q. Could Kemp get at these things without Martin's knowledge? A. No—they were locked up, but Martin had the key in my absence—she had not any wages—I took her out of charity—I gave her her victuals, and sometimes a pint of beer.
Kemp's Defence. Martin gave them to me; I pledged them for her.
Martin's Defence. What was done was not with the slightest intention of a robbery; if we meant to rob we should not have staid in the house; I told him, if he would allow me a fortnight, I would get them out of pawn.
MARTIN— GUILTY . Aged 38.
KEMP— GUILTY . Aged 52.
Recommended to mercy by the Prosecutor and Jury.— Confined Ten Days .
Before Mr. Recorder.
GUILTY . Aged 41.— Confined Seven Days.
Before Mr. Common Sergeant.
GUILTY . Aged 24.— Confined Nine Months.
JAMES STANDLING . I am a labourer, and live at Deptford-green. On Monday, the 24th of Aug., I was at the Compass public-house, in Church-street, Deptford—I went there between three and four o'clock—I had a watch,
which I am sure was safe at four o'clock—I fell asleep, and I awoke about half-past seven—there was a woman with me, but neither of the prisoners—my watch was gone—who took it I cannot tell—this is my watch.
Cross-examined b. MR. DOANE. Q. I believe you got very drunk? A. yes—the watch bad parted from the guard.
HANNAH MASON . I am the wife of George Mason, and live in Dowling-street. On the 24th of Aug., about half-past eight o'clock, Douglas came to my bouse with this watch—she asked if I would oblige her to lend her half-a-crown on it till the morning—I asked who it belonged to—she said a young man she had been living with for two years—I asked if it was with his consent she brought it—she said, "Yes"—I asked why she did not pawn it—she said it was too late—I lent her the half-crown, and kept the watch.
Cross-examined. Q. Are you in the habit of taking watches from these girls? A. No—I keep a lodging-house—I noticed that the watch was broken, as if it had had a fall—she told me it fell out of the young man's hand in going to bed—I go by the name of Bennett—my real name is Mason—I have a second husband.
BENJAMIN LOVELL (police-sergeant R 15.) I produce this watch, which I received from Mason—I went to a house in Giffin-street, and saw Sullivan—I told her I must take her on suspicion of being with Ratler, and taking a watch—Douglas goes by the name of Ratler—she said she had not seen her for a week, and she knew nothing about it—I sent her to the station, and about two o'clock in the morning I went to New-street—I there found Douglas—I told her I took her about a watch—she said she knew nothing about it—I said, "Then you did not leave this watch at Mrs. Bennett's for half-a-crown?"—she said, "Yes, I did, but Sullivan stole it."
DOUGLAS— GUILTY . Aged 20.— Judgment Respited.
SULLIVAN— NOT GUILTY .
1939. GEORGE WRIGHT was indicted for stealing 1 saw, value 6s., the goods of Henry Couchman: 1 plane, 2s., the goods of William Hearnden: and 1 square, 1s. 6d.; and 1 jacket 13s.; the goods of Henry Howe: to which he pleaded
GUILTY . * Aged 27.— Confined One Year.
MARY MARIA ELDRIDGE . I am the wife of Samuel Eldridge—we keep a tobacconist's shop, in Church-passage, Greenwich. On the evening of the 22nd of Aug. we had some cheroots in the window—at half-past six o'clock I left for about ten minutes, to wash my child, and put it to bed—I did not miss the cheroots till the officer brought them—I then found they were gone from the window—these now produced are them.
Prisoner. Q. What do you know them by? A. Here is a pencil-mark on the box they are in—a young man marked them for me, to sell them by, as we had only just begun shop-keeping.
JOHN WHITE (police-constable R 180.) I met the prisoner on Sunday evening, the 22nd of Aug., with something under his arm, and, knowing him, I ran after him, and asked what he had got there—he said, "Nothing"—I found this box of cheroots on him—he did not tell me where he got them.
Prisoner. I was on the pier; a man came out of a vessel, and brought these; he asked me to buy them; he asked 10s. for them; I said I would give him all I had, which was 6s. Witness. He never told me so—he said before the Magistrate, the first time, that he bought them of a waterman, and on the second examination he denied it.
CHARLES WOOTTON (police-constable R 276.) I produce a certificate of the prisoner's former conviction at this Court—(read,—Convicted 30th March, 1846, and confined three months")—the prisoner is the person.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 21.— Confined Three Months.
1942. ISAAC WATTS was indicted for stealing 1 blanket, value 5s.; 2 glasses, 11s.; 1 pair of scissors, 6d.; 1 carpet bag, 5s.; 1 counterpane, 2s. 6d.; 1 kettle, 2s.; 1 pair of snuffers and tray, 1s.; 2 brushes, 2s. 6d.; 1 shirt, 1s.; 6 knives, 3s.; 6 forks, 3s.; 12 spoons, 4s.; 1 pepper—box, 1s.; and 1 salt—cellar, 1s.; the goods of Joseph David Binks, his master; to which he pleaded
GUILTY . Aged 20.— Confined Nine Months ,
Before Mr. Recorder,
JAMES ROSS (police-constable R 323.) I was sent for to Mr. Carter's, a pawnbroker, at Greenwich, and found the prisoner there, and received this gown—I asked the prisoner where she got it from—she said it was her own property—the pawnbroker said it was wet, and he handed me this pattern, which had been left half an hour before, of a gown, which had been stolen off a line—it is the same as the gown.
Prisoner. I was passing and a woman asked me to take the gown td pawn, and she would give me something to drink; I did, and the woman was waiting outside; it was about half-past eleven. Witness. I found no woman near the door—she did not describe any woman to me—the gown was taken a quarter before eleven, from a place nearly three—qarters of a mile from the pawnbroker's—the prisoner was not tipsy—when she got to the station she said some woman had employed her.
NOT GUILTY .
Before Edward Bullock, Esq.
WILLIAM CHAPPLE . I live at Red Cross—street, Southwark. On the 6th of May I and Charles Evans were at the top of Red Cross-street, and saw the prisoners together at Mr. Williamson's shop—the window was broken—I had not seen that before they were there—there was a tea—chest placed against the opening—I saw Gibbons shove the chest away, put his band
through the window, take out a parcel, and give it to Terry, who put it under his jacket—before he took it out he gave Terry a little thing, which he slipped into his pocket—he took another packet and put it under his own—jacket—they both ran away the same way—when they got half-way down the street they chucked the parcels across to each other—I gave information at the shop.
Gibbons. Q. Did not you stop me in the Borough and tell me to tell Dukey to keep out of the way? A. I did not—somebody met me and told me some one had been acquitted at Union Hall, and offered me some money if I would say nothing about it—I did not give you into custody then, because there was no policeman—the policeman came to me about eleven o'clock at night and told me he had taken the boys—I got up.
Cross—street. I was with Chapman in Red Cross-street, and saw a tea-chest fixed against a broken pain of glass in Mr. Williamson's shop—both the prisoners were together—Gibbons shoved the chest away, took a parcel out put it under his jacket, and ran away—Terry put his hand in, took another, and put it under his jacket——they both ran down the street—Gibbons threw his away and Terry caught it.
Gibbons. Q. How long was it before you gave information? A. Not five minutes.
Terry. You have seen me a great many times, and never offered to give me in custody. Witness. I never saw them again till the policeman took them.
THOMAS COHEN . I am in the service of James Williamson, a grocer, at the corner of Red Cross-street, Southwark. Two boys told me something, in consequence of which I examined the window—the tea and coffee—was on some chests right up against the window—the chest against the broken pane had been moved, and 2lbs. of tea and 2lbs. of coffee were taken—a person could easily take them when the chest was moved—the pane was broke week before the robbery
GEORGE WILD (policeman. On the 25th of Aug. I took Gibbons—on the following morning I took Terry—I told Gibbons I wanted him for stealing some tea on the 6th of May—he said he knew nothing about it—I told Terry the same—he said he was in prison at the time.
Gibbons Defence. One witness said I took both parcels out; it could not be both of us that did it.
Terry's Defence. I was in prison at the time; two or three days before I was taken I saw the officer and spoke to him; he never took me.
TERRY— GUILTY . ** Aged 18.— Confined Six Moths .
GIBBONS— GUILTY . Aged 18.—See the next case.
MARY DRISCOLL . I am the wife of Florence Driscoll, who keeps a lodging-house in the parish of Poplar—it is his dwelling-house—he lets it out in lodgings and lives in it himself. On the 1st of Feb. we had three lodgers, the prisoner and two other young men—the prisoner had been with us two or three months—about six o'clock in the afternoon I went into the kitchen—my bed was there—I heard a noise, went in, and saw the prisoner at my chest, with a purse in his hand—the chest had been locked, and the
key was in my pocket—there was a staple to the lock—the top of the box where the staple had been was cut—a person could open it by that means—the cover was up when I went in—the purse had been in the box before—I collared him—he immediately knocked me down and ran away—I went to the box and missed thirty—one sovereigns—I went to his master's, and found he had run away—he had left some money there—I have not got any of my money again.
Prisoner's Defence. I have two witnesses to prove that Mrs. Driacoll was out to tea at the time.
CATHERINE BROWN . My husband is a whitesmith. We live at No 3, Brent's-court, Borough—the day after this robbery was committed, the prosecutrix came and searched my house—she said her and her husband were out at tea, and on her return he told her to put his coat on the chest—that she did not do it at the time, or else she should have found out the robbery then—she had left him and a little boy to mind the house, and the prisoner went out at the door as she came home—a policeman was present when she spoke to me—I do not know his number—his mother had lived
four years at my house, and he had not been inside my door twice to my knowledge—I heard the prosecutrix make a very different statement at Union Hall—that is the reason I have contradicted her.
TIMOTHY CONNELL . On the Tuesday following the robbery I met two persons—in consequence of what they said I said I would make it my business to call and know the particulars—I called at the prosecutrix's house and saw her—she burst out crying, saying the prisoner had robbed her of thirty-one sovereigns—I said it was a bad job, I did not think he would do such a thing—she brought a small box and showed me where the money had been—the staple was left in the lock—she said her and her husband and a young woman had been out to tea together, and left the prisoner and another young man in charge of the house, and when she went home the prisoner jumped up, as if he had done something—that her husband had to go on duty at six o'clock, he changed his clothes, and told her to put them in the box—she did not put them in then, but in half an hour she went to put them in and found the staple on the top of the box—two young women were present when she told me this.
MARY DBISCOLL re-examined. I cannot say whether I went to Mrs. Brown's house or not, for I went to so many places, I do not know where—I was nearly out of my mind with the loss—I had not been out to tea when the robbery happened—when he left on the first of Feb. I saw no more of him till he was apprehended for stealing the tea.
FLORENCE DRISCOLL . I am the husband of the prosecutrix, and was in the house at the time of the robbery—we had not been out to tea—I was going on duty, which is night watching—there were thirty sovereigns in the purse—I took a sovereign out of my pocket and put it in—that made thirtyone—I put the purse into the box, locked it, and gave the key to my wife—a few minutes after six o'clock she came and called "Murder!" to me in the—I Was out of my mind two days and two nights.
GUILTY . **— Transported for Ten Years.
(The prisoner has been several times in custody.)
Before Mr. Common Sergeant.
BENJAMIN WELLINGTON . On the 24th of Sept., about half-past eight o'clock in the morning, I had a piece of printed cotton hanging in my shop—it was not beyond the step of the door—I saw the prisoner take it, and ran after him—he threw it into the road, between one and two hundred yards from the shop, and I overtook him.
Prisoner's Defence. I was intoxicated, and found myself in prison; I have no recollection of taking it.
GUILTY . * Aged 19.— Confined Six Months.
CHARLES TILLIER . On the 22nd of Aug., about half-past three o'clock in the afternoon, I saw the prisoner and another come out of Mr. Rayner's gate—I was looking after them, and told them to stop—the prisoner then threw this saw away—I picked it up—I did not know the saw was missed at that time—I wanted them for an umbrella.
Prisoner. Q. Where did I take the saw from? A. I suppose from under your clothes, because I did not see it at first—you ran ten or twelve yards with it in the open road—you had nothing in your hand when I first saw you.
GEORGI QUINNEAR (police-constable 201.) I took the prisoner into custody—I said, " Lizzey. I want you"—she said, "I will not go with you, you b——dog; you are not satisfied because you could not lag me for the b——old umbrella; and now you want to lag me for the b——old saw"—I had not said anything about a saw at that time.
Prisoner's Defence. I met the policeman coming with two enemies of my mother's, who pointed me out, making use of most dreadful names; the policeman laid hold of me; I asked him what it was for; he said, "I will tell you bye-and—bye;" when I got nearly as far as Clapham-common, he said, "Do you know what you are given into custody for?. I said, "No;" he said, "You will very toon know;" when I got to the station, Tillier came in, and the policeman told him he had a young woman for him to look at, and brought a candle to my face; but he said I was not the party.
Prisoner. I had been in the station a quarter of an hour; be could have seen me all the time; the candle was brought to my face five or six different times; the sergeant said, "If you do not know the person, we must let her go;" Tillier said, "We must turn her up;" that means, let her go.
Q. How long was it after you saw her throw away the saw, that you found her? A. About a month—she made her escape when it was first missed—I have seen her many times before, and cannot be deceived in her.
three months)—the prisoner is the person so tried and convicted—I have no doubt about it.
GUILTY **†. Aged 20.— Transported for Seven Years.
JAMES PAGE . I am a dairyman, and live in Redcross-street, Southwark on the 21st of Sept. I fell in with the prisoner—we went to a house and had a pot of beer, and then we went to bed—I had a watch, and fell asleep—when I awoke, the watch and the prisoner were both gone—this is my watch—I swear to it, and to the seals, ribbon, and key—there is not another in London marked like this.
MICHAEL DEADY (policeman.) I received information, and followed the prisoner and another female in a cab—there was a man named Costel in the cab with them—I asked him if the watch belonged to him—he said in the prisoner's presence that it belonged to her—I took her to the station—she said she got it in lieu of money, from a man she had been sleeping with all night.
Prisoner's Defence. He gave me 1s.; we went out again and had a pint of beer, and then he went home with me again, and paid another 6d. for the room, and he put the watch under the bolster; the girl who came up took it.
GUILTY . Aged 28.— Confined Four Months.
WILLIAM WILLIAMS . I am manager of the firm of John Stevens and Son, of Southwark-bridge-road. The prisoner was in their employment—on the 21st of Sept. I had information that metal was missing, and stood at the gate as the prisoner left the premises, and took him into custody—he was taken to the station—these cuttings were there produced to me—I missed sucb, and feel confident they belong to Stevens and Son—they are gun-metal borings—the metal screw produced was found at the prisoner's house—I havem brought another one—they fit each other.
Cross-examined by MR. PARRY. Q. How do the cuttings come? A.—From the men's work—they are not claimed by them—sometimes the man that does them collects them, and sometimes a boy sweeps them up—we always melt them up again—there are no perquisites
(The prisoner received a good character.)
— Confined Three Months ,
Before Mr. Recorder.
1951. JAMES COPELAND was indicted for stealing 10 files, value 12s. 6d., the goods of William Nehemiah Parssen, his master; and MARY COPELAND for feloniously receiving the same, well knowing them to have been stolen;—to which
JAMES COPELAND pleaded GUILTY . Aged 26.— Confined Three Months.
MR. CLARKSON conducted the Prosecution.
WILLIAM NEHEMIAH PARSSEN . I am an engineer, and live in Gravel-lane. The male prisoner has been my clerk some months, and had the charge of ray tools—I have seen thirty-seven files in possession of different pawnbrokers, some of which I can swear to—the female prisoner was frequently at my counting-house—I always understood her to be his wife—I heard the male prisoner say at the justice room that they were all my files, he took them and intended to return them—the female also said they took them at a time of distress, and meant to return them—I had discharged the man for being tipsy.
MR. HORRY called
JANE BREACHNER . I am the female prisoner's mother, and live in St. George's in the East—she is the male prisoner's wife—I was present at their marriage at Aberdeen—they have lived together eight years.
MARY COPELAND— NOT GUILTY .
1952. HENRY PAGE and JOHN JONES were indicted for stealing 25lbs. weight of mutton, value 15s.; and 25lbs. weight of beef, 15s.; the goods of Joseph Orger; and that Jones had been previously convicted of felony.
JAMES BREWER (policeman 70 P.) On the 29th of August, at half-past one o'clock, I was on duty in Surrey-buildings, Kent-road-there is a shed where water-carts are kept—I was coming through the buildings, and I turned my light on the shed to see if anybody was sleeping there, as it was sometimes not locked—I saw a quantity of butcher's meat there-mutton and bee£ several joints—I concealed myself to watch, and the prisoners came for it about half-past four o'clock—one spoke to the other as they came in—I do not know which it was—he said, "Here it is all right; you put it in, and I will go to the water—closet"—Jones went into the water-closet where I was concealed—I shut them both in the shed till I got assistance—I asked Page where he got that meat from—he was quite astonished at first—he then said, "I know nothing about the meat"—Jones said, "I only came here to ease myself"—they both had baskets—nobody could see the meat without a light—they must come round a door to find it—I generally turn my light on there-the shed has a barred gate to it, and there are bolts—sometimes it is locked and sometimes not—when I first saw the meat the doors were dosed, but neither locked nor bolted.
Prisoner Page. We were coming from market, Jones said he wanted to ease himself; I said you can go in here; I stood looking at the meat; I did not
know what the policeman shut me in for. Witness. It must have been Page said, "Here it is all right," because Jones said, "I must go to the water closet"—they could not see me.
Prisoner Jones. I was going to market; I went straight into the watercloset; another policeman came and dragged me off. Witness. He brought the basket right into the shed against the meat, and if he had not come into the water-closet, the other was in the act of stooping to take it up, to put it in the basket—he had not put it into the basket—Jones came into the water, closet instantly—they had not time to put anything in the basket.
WILLIAM JACKSON (policeman.) I was on the watch, and saw the prisoners turn up the court with two baskets—I heard a rattle springing—I went to Brewer's assistance—this shed could not be in the prisoner's way to any place—it is out of the road, and the water—closet belongs to a house—you must go to the shed to get to it, but it is no thoroughfare-the watercloset is not visible as you pass along.
THOMAS ORGER . I live with my father, Joseph Orger, a butcher. Brewer showed me two legs and a shoulder of mutton, and two pieces of beef—I knew them to be my father's—they had been placed in an out-house in the Kent-road, ten or twelve yards from this shed—we have a slaughter-house—the legs of mutton were outside in our shed—not the shed in question, it joins the slaughter-house—they could get the meat by getting over the garden wall and over three or four fences.
Jones's Defence. I wished to go to the water-closet; he would have taken anybody else that went into the water-closet; we had the baskets for water-cresses.
JAMES BREWER re-examined. I should have taken anybody else who came to the water-closet in the way they did—one basket is called a shallow, and the other a grocer's basket—they would contain the meat—Page had two cloths in his pockets—I never saw them selling water-cresses—it was half a mile out of the road to any market—they were searched—I found no money on them to go to the market with, only a knife and a key.
Jones. I had 3s. in my waistcoat pocket. Witness. I searched them particularly—neither of them had a farthing.
SAMUEL WRIGHT (policeman P 172.) I produce a certificate of Jones former conviction from the Surrey Sessions (read Convicted Dec., 1844, having then been before convicted of felony)—I was present at the trial—he is the person.
JONES— GUILTY . Aged 23.—— Transported for Seven Years. PAGE— GUILTY . Aged 19.— Confined One Year.
1953. LOUISA CHRISTIAN ARNEY was indicted for stealing 1 wooden box, value 6d.; 1 bottle of brandy, 5s.; 12 wine-glasses,6s.; 1 basin, 6d.; 2 lbs. weight of butter, 2s.; 1 milk-jug, 1s.; and 2 bottles of preserved fruit, 4s.; the goods of Thomas Blayds, her master: and CHARLOTTE ASTEL ARNEY and JULIA ARNEY were indicted for feloniously receiving the same, well knowing them to have been stolen, against the statute: to which
LOUISA CHRISTIAN ARNEY pleaded GUILTY .—Aged 51.— Transported for Seven Years
( No evidence was offered against the other prisoners, and they were accordingly acquitted.)
(There were four other indictments against the prisoners.)
Before Edward Bullock, Esq.
JAMES CHARLES HILLMAN . I live at Rotherhithe On the 21st of Aug. the prisoner came to me, and said he was sent by Captain Elmore, who had just come from abroad, and wished to see me to make him a set of harness to present to the Earl of Sheffield, and I was to meet him at the Green Man, Ber-mondsey-wall—I did not know Captain Elmore or the prisoner—before he left he said, "I want a brush, a mane-comb, and a curry-comb"—I packed him up four brushes, a curry-comb, and a mane-comb, that he might have an assortment—he left with them—I went to meet the captain between seven and eight o'clock, as he appointed—he was not there—I expected the prisoner to have one brush of each sort, and return the rest.
THOMAS EAGLES (police-constable C 272.) On the 20th of Sept. I was hailed by an omnibus-conductor in St. Paul's-churchyard, and took the prisoner—he was identified by a person in the omnibus—I told him I took him for obtaining goods from a person named Hillman—he denied it—he afterwards said, if he had known what the conductor hailed me for, he would have made his escape.
GUILTY . Aged 47.— Confined Three Months.
Before Mr. Justice Maule.
MR. PRBNDIRGAST conducted the Prosecution.
JOHN PITT . I live at No. 41, Arbour-street, New Kent-road. On Monday morning, the 31st of Aug., about ten minutes after two o'clock, I was going along High-street, Southwark, near Falcon-court, with the witness Cook—we were overtaken by four or five persons, who attacked me without any cause whatever—they began by jostling against me—one of them, not in custody, struck me a blow on the cheek with hit fist, and knocked me down—it did not make any bruise—I got up, and the prisoner Evans seized roe again—he sparred up at me with his fist, and struck me on the jugular vein, under the ear, and knocked me down—I caught hold of him, aod he fell on me—then there was a cry that "the crushers" were coming, meaning the policemen, I believe—I did not see where Cook was at that time—I caught hold of Evans while I was falling, and he fell on me—some person then attempted to kick me, but kicked over me—I got up, and found my waistcoat open, and my watch hanging by the guard—it had been inside my fob—I am not prepared to swear it was dragged out of my pocket, because I do not recollect feeling it come out—it is rather a deep pocket—I cannot say it might not have come out in the fall—it was quite safe before I was struck—I was rather fresh—I have no recollection of giving them any provocation—I knew Evans by sight before-when I got up they ran off—I saw no more of Evans till after we passed the Mint—Stand ley was then in custody—I turned round, and saw Evans walking behind—I seized him and gave him in charge.
Cross-examined by MR. BALLANTINE. Q. you were rather fresh; I suppose you hardly recollect the transaction? A. I was not so bad but what I could take care of myself—Evans was not the first person who struck me—I do not know who it was—I do not recollect Evans saying it was a shame to strike somebody when he struck me—there was a person named Mann there—I did not see him strike Evans—Evans had not a black eye—I did not run after him, but he followed me—his face was not covered with blood—his eye
was watering—I think that was from its being struck—when I got to the station I believe I did not make any charge of robbery, as I did not wish to prese anything of the kind—no charge was made against me—Evans charged Mann with assaulting him—Mann was brought up at the police—court next morning, and charged with assault—Evans appeared as a witness against him—on reconsidering the thing I made a charge of felony—the case was explained to the Magistrate, and Evans was put into the dock, and Mann made a witness—policeman No. 112 did not tell me, if there was a charge of felony, I should get expences, but if it was an assault I should get none at all—he said nothing of the kind—he said nothing about expences, not a word—Mann was a stranger to me—I cannot say that I charged him with felony—I had not been drinking the greater part of the night—I began after twelve.
MR. PRENDERGAST.. I was in High—street, in the Borough, with Pitt—four or five persons overtook us and began pushing and jostling us about—I was knocked down by a blow from one of them—I got up, and was knocked down a second time—I then saw the prisoner Evans rush across the road—he kicked me in the mouth—I saw Evans and Pitt struggling together on the ground—I saw Pitt's waistcoat unbuttoned and his watch out of his pocket, hanging in front of his person by the guard—I heard a cry of "Crushers" and they ran away—I saw Mann take Standley in custody—he was engaged in this affair.
Cross-examined. Q. You are a letter—carrier A. Yes—I was off duty, and had been drinking with Pitt all the evening—we began drinking between five and six o'clock in the evening—we were not continuing it till we went home—I was not particularly queer that morning—I was not at all drank—I was able to take care of myself—if a man is capable of going home I consider he is not drunk.
COURT. Q. Were the five men who came up at all fresh? A. I do not know—neither of the prisoners struck me—a man knocked me down by striking me in the face—here is the scar where I was kicked—Standley was not beat to my knowledge—I might be a little fresh.
WILLIAM MANN . I live at Brixton. On the 31st of Aug., about two o'clock in the morning, I was in High-street, in the Borough, and saw some men and women standing together—I went up and saw the prisoners fencing with Pitt and Cook, who I consider were retreating—the prisoners wew facing with pitt and cook who I consider were retreating—the prisoners were facing them—I then saw a collision, and pitt and cook them—I Cook were knocked down—there was a cry that the policemen were coming—Standley ran away, and I followed him down Fountain—court—he fell down—I collared him and held him till the policeman came and took him as we went along High—street—Evans was there—Pitt had got up with his watch hanging by the chain out—side his fob—Evans came up, and Pitt said, "You are one of the thieves who tried to steal my watch," and collared him, and then I collared him—the policeman came up and took him—when I got to the station Evans charged me with striking him—I had done nothing but endeavoured to secure him.
Cross-examined. Q. Have you any notion how his eye watered? A.
saw it watering at the station—it appeared as if it had had a pretty good knock—I am certain I did not strike him—the charge against me was assault—Pitt became my bail—I appeared at the Police—court the next day, and then Pitt charged Evans with an attempt at robbery—I did not charge Standley with anything at the station—Cook charged him with striking him—he said nothing about robbing him—Pitt said the watch was hanging outside his fob—he did not charge him with trying to steal it.
NOT GUILTY .
Before Edward Bullock, Esq.
EDMUND TAYLOR. I keep a public—house in Cherry Garden—street, Bermondsey. The prisoner was in my service—it was his duty to serve behind the bar and put the money in the till—when a few shillings had come in the till he was to put them back on the sideboard—I spoke to Mr. Foster, and on Saturday morning, Aug. 29th, I was called up—I saw Mr. Foster in my bar parlour, and from what he said I examined my till—I found one shilling and six sixpences in it, to the best of my recollection—it had been the prisoner's duty that morning to get up and open the house and dust the place—there was no silver left in the till on the Friday night, but on Saturday morning as he went down he took five sixpences to put in the till. on the Fidy night, but on Saturday morning as he took five sixpiences to put in the till.
Prisoner. Q. When I went into your service did you not tell me your servant was a dishonest girl? A. No—you once stated she had robbed you of a gold pin and two squares of soap—I never knew her rob me of a penny—she had not access to the till—I never knew you to give me silver out of your pocket—I never told you I dropped my cash—box and lost a sovereign, and Betsy found it.
JOHN FOSTER . I live in Paradise—row, Bermondsey. I saw Mr. Taylor on the Friday night, and arranged with him, and on the Saturday morning I marked two shillings—I sent them by Garth to Mr. Taylor's to purchase a pint of gin—he brought me back a pint of gin, and a sixpence, and 2d. in half—pence—I went in a few minutes to Mr. Taylor's—I got there about twenty minutes before seven o'clock in the morning—Mr. Taylor was not up—I sent his servant for him—the prisoner was behind the bar—Mr. Taylor came down—he examined the till in my presence—I did not see what was in it—I then examined the till—I found two or three sixpences in it, and one shilling, but it was not one that I had marked—I asked the prisoner if that was all he had taken that morning—he said all he had taken was in the till—I asked if he had sold a pint of gin to Mr. Garth—he said, "I have served him with a pint of gin"—I asked if the two shillings he had taken for it were in the till—he said he put them there, and if they were gone Mr. Taylor must nave taken them out—I told him Mr. Taylor had not taken them out—he had produced to me what money he said he had, not the two shillings
which I had marked—he then endeavoured to go into the yard—I would not allow him—I told him I was sure he had the two shillings—he appeared overcome with his situation, and went up stairs—I went with him to the bed—room—as soon as we got in, he opened a desk that was there, and told me to search it—I said I should do nothing till the two shillings were produced—after some time he took one of the shillings out of his pocket and gave it me, and the other shilling passed down the leg of his trowsers—I saw it—I can swear these are the same shillings.
Prisoner. You asked if I had any money of Mr. Taylor's, and I said, "Yes, this is what I have taken this morning." Witness. No, you denied having them.
JONATHAN GARTH . I am a plumber. On the morning of the 29th of Aug., between six and seven o'clock, Mr. Foster gave me two shillings to take to Mr. Taylor's to purchase a pint of gin—I bought it with the same two shillings that Mr. Foster gave me—I think I should know them again—these appear to be the same two shillings—I gave them to the prisoner, I am quite sure, and he gave me a sixpence, and 2d. in copper.
WILLIAM FENSON (police-constable M 204.) I took the prisoner—I received these two shillings from Mr. Foster—the prisoner said, on the way to the station, that he had taken 8s. 6d. before, and half a pint of rum.
Prisoner's Defence. I got up that morning, and went into Mr. Taylor's room to take the key; there were five sixpences lying there; Mr. Webrter, of Trinity—square, said to me, "Take these down stairs, Mr. Taylor forgot to put them into the till last night;" I took them down, and put them in, and presently Mr. Garth came in for a pint of gin; I gave him a sixpence and two penny pieces; I put the two shillings into the till; I then took them out, and put them on the sideboard; the girl came into the bar, and I put them into my pocket, because he told me she was dishonest; I had not long done it before Mr. Foster and Mr. Taylor came in; Mr. Taylor looked into the till, and Mr. Foster asked me if that was all; I said, no, I had two shillings in my pocket, which I took for a pint of gin; he asked what I had them in my pocket for; I said, "Because of Betsy; to go for thr policeman: JOHN FOSTER re-examined. Q. When you asked him for the 2s. which be took for the gin did he tell you he had them in his pocket? A. No, he positively denied it, and produced a purse with half—a—crown in it—I looked all over th" bar to see if I could discover the 2s.—he did not give them up for nearly half an hour.
GUILTY . Aged 18.—Recommended to mercy by the Prosecutor.— Confined Three Months.
WILLIAM GEORGE GUMBRILL . I am a baker, and live at Putney—the prisoner was in my employ, to take out bread, to receive money, and to account for it to me the same night—on the 29th of July I did not receive any money from him for Mrs. Bicknell—I asked, when I booked his bread in the evening, if he had had any money from Mrs. Bicknell—he said, no—she had owed me upwards of 1l., but at that time she owed 1s. odd—I did not receive 9s. of him on the 7th of Aug.—Mr. Brand owed me some money—the prisoner left his barrow in Putney—fields, and absconded—he was taken in about four hours afterwards.
Cross-examined by MR. ROBINSON. Q. He was apprehended in a publk—house? A. Yes, I asked him every day if he had received Mrs. Bickaeli's money, because I supposed she had paid—the prisoner's father is a very respectable man—the prisoner is not particularly bright, but he works hard, is a good servant—I have not received money from him that he had received a day or two before—the Magistrate admitted him to bail—I will take him into my service again.
ANN BICKNELL . I am the wife of Thomas Bicknell—we live at Wands—worth—I deal with the prosecutor—on the 29th of July I paid the prisoner 11s. 4 1/2 d. for his master, and on the 7th of Aug. I paid him 9s. 11d.
1958. GEORGE STATE was indicted for stealing 5 gowns, value 2l.; 9 pairs of stockings, 1l.; 15 collars, 4l.; 8 shifts, 14s.; 2 shirts, 4s.; 6 petticoats, 6s.; 8 handkerchiefs, 10s.; 1 pair of slippers, 2s.; 1 pair of gloves, 3s.; 2 napkins, 3s.; 1 basket, 1s.; 2 aprons, 1s. 6d.; 1 pair of sugar—tongs, 1s. and 5 gown—bodies, 1s.; the goods of WILLIAM HENRY HUTTON .
CATHARINE HUTTON . I am the wife of William Henry Hutton—we live in Emmerson—street, St. Saviour's, Southwark. On the 23rd of July I hired the prisoner as a porter to carry my luggage from the railway—train—I had two bandboxes and a portfolio—I had in the boxes five dresses, the shifts, stockings, and other things stated—the prisoner was to take them to the India coffee—bouse—I went with him and delivered them into the hands of the person there to keep for me, and when I went for them the prisoner had received—them—they were things I had brought from Brussels—I never saw the prisoner afterwards till he came next door to me, and they sent him—he came to me, and said he would tell me all about where I lost my things, and I saw a handkerchief which was mine round his neck—I fetched one like it—I am sure the handkerchief he had on was one that was in one of the parcels—I am a German.
Prisoner. She gave me the handkerchief to tie round my hand. Witness. No, I did not
MARY FLUSTER . I am the wife of William Fluster—we keep the India, coffee—house in Union—street—on the 23rd of July the prisoner and Mrs. Hutton came and brought these things—she asked me to let them stop there till the house opposite was open, and they went away—the prisoner came back in about an hour and said, "Mistress, I am come for those parcels I left," and I let him take them—I am sure he is the person—he took one the first time, and then came back and took the others.
Prisoner. I was not there at all.
MARY ANN FLUSTEE . I live at the coffee—house—I was at home when the prisoner came the first time, when he came and said, "Mistress, I am come for those things"—he took one bundle—I was not present when he came again.
EDWARD MITCHELL . I am a hawker. On the 23rd of July I was going up Union—street—I saw the prisoner and Mrs. Hutton on the opposite side—I knew the prisoner—he crossed and spoke to me—I did not pay much attention to him—I' went up the street—I came back and saw him again—he said he had been carrying some things for the lady, that she had not paid him, and he would go and take the lot if he did not get the money—he asked me to go to the coffee—shop, which I refused—he took a handkerchief off his
neck and said he would pawn it to get some drink—we went to Red—cross-street—he then left me to go to see for another young man.
JOHN COLLINS . I am a hatter, and live in Guildford—street. On the 22nd of Aug. the prisoner came to our house, about eleven o'clock in the morning—he was very drunk, and came to inquire if there was not a lady who had lost a parcel—we told him to go next door—he then said he knew about the property—he knew where there was a gown pawned in Suffolk—street, and that he saw the ticket burnt—Mrs. Hutton then came and said it was her handkerchief that he had on—he took it off and gave it her.
MRS. HUTTON. I gave him 6d. for porterage.
Prisoner's Defence, This lady had the bundles in the Southwark Bridge—road, she asked me where there was a public—house open; we went on, and she said the things were very loose, and all over mud; she gave roe this handkerchief to tie my hand up; she asked me to carry these things to the Monument public—house; it was not open; she went into the coffee—housp, and left them there; she then went to Guildford—street, went up stairs, and called out of window to tell me to stop; I waited nearly half—an—hour, and she did not give me anything; she was very much in liquor; I have never been to the coffee—house since.
GUILTY . Aged 52.— Transported for Seven Years.
Before Mr. Common Sergeant.
NOT GUILTY .
GEORGE DOUGLASS . I am assistant to William Quelch, who lives in South—wark. The prisoner was in the habit of coming to his shop to sell artificial—flowers—he came there on the 27th of Aug.—I was serving a lady with some ribbons—I pushed the box on one side; but previous to doing so, I counted the ribbons—there were twenty pieces of them—the customer left the shop—the prisoner came and offered to sell me flowers—I said we did not want any—he put his box on a chair in the shop, and the box lid partly over the box of ribbons on the counter—I said we did not want any—I went into the middle opf the shope and then towards the parlour—in three minutes after I came I to the shop again—he had then left—I counted the ribbons, and found there was one piece gone—I am sure no one else had been in the shop—I went after him—I overtook him, and said I wanted him—he came back—I told him—I overtook him, and said I wanted him—he came back—I told him to open his box, Which he did, and I found this ribbon in the box—it is William Quelch's—I said, "I have found you out at last, having missed goods before, I suspected you"—he said it fell into his box—from the situation in which the ribbon was, it is impossible it could fall into his box without his knowledge—it had been in a box, and could not roll out without being pulled out.
Cross-examined by MR. BALLANTINE. Q. What is the value of this ribbon? A. 7s.—there were three or four small bunches of flowers on the counter.
GUILTY . Aged 77.—Recommended to mercy by the Jury,— Confined Four Months.
MR. HUDDLESTON conducted the Prosecution,
WILLIAM SHAW . I am a clerk to the South Eastern Railway Company—the prisoner was their porter at the Bricklayer's Arms station—it was his duty to unlock the trucks of fish in the morning, which come up from Dover and Ashford by the night trains, and to put them in different places for the carriers to take away—on Monday morning, the 14th of Sept., I saw him on the stage between three and four o'clock—he walked to the top of the stage—I perceived something under his arm—I watched him—he left the ware—house, and got into the road—I followed, and asked what he had got—he said, "A few apples"—I put my hand under his jacket and pulled out a live crab—there were such articles came up that morning—I asked where he got it from—he said, "From a basket in the warehouse"—that is a warehouse belonging to the Company—he said, "Let me put it back again"—I said, "No, I cannot countenance a thing of that sort, I shall be compelled to give you into custody"—I allowed him to go into the warehouse—I found a policeman, and gave him into custody—I went into the warehouse—there were baskets of live crabs there—they were all tied down—I should think this was not a crab that could have got out of itself.
Cross-examined by MR. CHARNOCK. Q. You would not swear it could not have got out? A. I should say not—it was not very large nor small—I never saw a crab in the warehouse before—the prisoner did not say he picked it up—he said he took it out of the basket—he had been twelve months in the Company's employ, and had a good character.
COURT. Q. If crabs did get out, would it be your duty, or the duty of the servants to put them back A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 20.—— Confined Six Months.
1962. ROBERT BISHOP was indicted for feloniously receiving 2 bushels and 3 gallons of oats and beans mixed, value 6s.; I bushel and 3 pecks of oats, 4s.; and 2 pecks of beans, 1s. 6d.; the goods of William Moon; well knowing them to have been stolen. (See page 833, No.1979)
WILLIAM MOON . I carry on the business of a carrier at Godalming, in Surrey, and am a farmer. I had a person named Edwards in my employ as a carter—on Thursday, the 10th of Sept., it was his duty, with Wiggins, to take the cart to town—on Sunday, the 6th of Sept, I saw a sack containing corn in my hay—loft, which excited my suspicion—my stable is at the bottom, and is about fifty feet long, and at the top of that is my corn—loft and hayloft—you go through the hay—loft to get to the corn—loft—for the last two or three months I have given out all the corn myself—the corn has been padlocked up—the padlock has been on perhaps for twelve months—on the Monday and Thursday, Edwards, the carter, had four horses up, and he had two sacks of corn and one of chaff—the sack which I found on Sunday in the hay—loft was covered with a little bay—the constable saw it—he has had access to my stable for the last month—on the Thursday morning I saw there were two lots of corn, one in the corner of the stable, and one in the hay—loft—the sack was lying in the same situation as on Sunday—I did not mix anything with the corn in the sack—I have seen the corn that Bid—decombe found in London on the Friday—I believe, to the best of my knowledge, it is my corn—mine consisted of white oats, black oats, and split beans, and this consisted of the same—something had been mixed with it, but I did not do that—apart from that I believe it to be my corn.
Cross-examined by MR. LOCKE. Q. Do you mean you had not mixed anything with it? A. Not with that in the sack—I did with that in the corn loft—I mixed some chickens' grits with that—that was about four or five bushels—I had perhaps ten quarters in the bulk—what I mixed was not in any sack at all, it was in a heap—I gave out the corn on Thursday morning which Edwards was to take with his horses—I went into the granary to get the corn, and Edwards went with me—I filled the bushels, and tipped them into his sack—that was not the marked sack, it was a sack the constable found in the wagon, with a portion of corn in it.
WILLIAM WIGGINS . I am in the service of Mr. Moon. It was my duty to go with the wagon on this occasion to London—on Thursday, the 10th, there were three sacks that had corn in them put into the wagon, and one that had chaff—Edwards ought to have had two with corn and one with chaff—I went with the wagon to the Queen's Head, in London—it was not my duty to put the sacks in, or to take them out—I have to look to the goods, and have nothing to do with the horses—when we came to the Queen's Head I had to unload the wagon—it was Edward's place to take out the sacks and the chaff—I did not do it, it must have been done by him—my master has a stable at the Queen's Head, in the Borough, and the prisoner has a stable about ten yards from my master's—I did not see Edwards and the prisoner together on the Thursday or the Friday—the prisoner is a carrier—he has a horse—I believe he carries to some place in Kent.
Cross-examined. Q. The prisoner was out carrying on that occasion? A. I do not know—I never saw him at all on the day we arrived—I believe he only has a part of that stable—all sorts of horses are put there that come to the Queen's Head—the ostler has the care of it—I do not know where the ostler is—I was at the Queen's Head this morning—he was not there—I do not know when I last saw him there—I did not see him there the day that I and Edwards went with that load—I do not know whether there was any ostler there—the ostler goes by the name of Charles East—I do not know where he is—I missed him last week.
MR. CHARNOCK. Q. How many stables are there in this yard? A. Fow or five—I do not know of the prisoner having other horses there—as far as I know he has the stable to himself.
COURT. Q. You told us he only occupied part of the stable? A. No more he does—other people put their horses there—the ostler, Charles East, has the care of the stable.
WILLIAM BIDDKCOMBE . I am constable of the borough of Godalming—"consequence of information from Mr. Moon, I mixed about a quart of grits with a sack of corn, which I found in his hay—loft—I marked the sack with a piece of grey worsted, and a piece of red string—it was covered with hay and straw—you had to pass very near to it to go to the corn—loft—on the Thursday following, I went into the same stable, at two o'clock in the morning, and found about two bushels of white oats, black oats, and split beans concealed, and with that I mixed a quantity of chickens' grits, and a few peas—I then took a sample of the mixture, which I have here—on Friday morning I then followed the wagon to the Queen's Head in the Borough—it arrived about half past five that morning—I did not see it unloaded—I was so well knows "that yard it would not do for me to go in—I put another constable there—I went that day to Mr. Moon's stable—I could not find the sack nor any corn—I went to a stable ten or twenty yards off—the prisoner came in while I was there—I pointed to a horse there, and asked him if it was his—he said, "yes"—under the manger I saw three sacks; one contained chaff, another peas and pollard, and between them was three sacks; one contained chaff, another peas and pollard, and between them was a sack containing about two bushels of mixed oats—I asked if those three parcels belonged to him—he said they did—I took the sack containing the oats, and brought