CENTRAL CRIMINAL COURT.
TWELFTH SESSION, HELD OCTOBER 20TH, 1846.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THB PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 26th October, 1846, and following Days.
Before the Right Hon. JOHN JOHNSON , Lord Mayor of the City of London; the Right Hon. Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; Sir William Erle, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Matthew Prime Lucas, Esq.; William Taylor Copeland, Esq.; Samuel Wilson, Esq.; Sir John Pirie, Knt.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City; John Kinnersley Hooper, Esq.; Thomas Farncomb, Esq.; John Musgrove, Esq.; William Hunter, Esq.; Thomas Sidney, Esq.; and Francis Graham Moon, Esq., Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq. Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
JOHNSON, MAYOR. TWELFTH 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, October 26th, 1846.
First Jury, before Mr. Recorder.
1985. ANN DRISCOLL was indicted for stealing 1 jacket, value 1l.; 1 waistcoat, 10s.; 1 pair of trowsers, ll. 10s.; 1 handkerchief, 1s.; 1 sovereign, 1 half-crown, and 2 shillings; the property of Samuel Grant; to which she pleaded
GUILTY . Aged 19.— Confined Three Months.
(MR. DOANE, on behalf of the prosecutor, declined offering any evidence.)
NOT GUILTY .
1987. WILLIAM DOWNER was indicted for stealing 2 shirts, value 3s.; 2 flannel waistcoats, 4s.; 1 coat, 5s.; 1 pair of trowsers, 10s. 3 handkerchiefs, 3s.; 2 waistcoats, 4s.; 2 pairs of drawers, 2s.; 6 razors 5s.; and 1 silk tie, 1s.; the goods of Isidon Lifnel; to which he pleaded
GUILTY . Aged 20.— Confined Six Months.
MICHAEL HAYDON (City police-constable 274.) On the 21st of Oct., about five o'clock in the afternoon, I was in Lombard-street, and saw the three prisoners go up King William-street, towards London-bridge—I saw Mr. Power going over the bridge—the prisoners followed him closely—Wood went up to him, drew a handkerchief from his pocket, wiped his nose with it, and passed it to Prime—they were all three together for twenty minutes before—Collyer and Prime closed round Wood, and screened him from an ordinary observer, while he drew the handkerchief—they must have seen him take it —I took hold of Wood and Prime—Prime broke away with the handkerchief, and was taken by Hedington—I took Collyer, and held him till another officer came—I took up the handkerchief which Prime threw down.
drew my attention to the prisoners in Lombard-street—I watched them to the bridge, and saw them all three cross over together after the attempt—Wood went close up to the gentleman, and the others closed up to him—I was on the off-side of a wagon, and saw Wood take the handkerchief from the pocket, wipe his nose, and throw the handkerchief to Prime—Haydon immediately grasped him—I went to his assistance—Prime threw the handherchief down.
EDWARD FUNNELL (City police-constable.) On the 21st of Oct., between one and two o'clock in the afternoon, I saw the three prisoners together in Gracechurch-street—I followed them down Cornbill, back into Lombard-street, through Clement's-lane, and up Gracechurch-street again—they tried a gentleman's pocket at a shop there, and then went down Leadenhall-street—it began to rain, and they went away—about half-past four I saw them again in Gracechurch-street, and called the policeman's attention to them—I watched them along Lombard-street and King William-street, on to the the bridge—I seized Wood after the robbery.
MICHAEL FRANCIS POWER . I am a clerk in the Long Room, of the Customhouse, and live at Manor-place, Walworth. I was going over London-bridge and lost a handkerchief, which the officer gave me—I had not missed it—I am certain the one produced is mine.
Wood. I am sorry for it, and hope you will look over it.
Collyer. I know nothing of the other prisoners; I was merely walking behind them.
COLLYER— GUILTY . Aged 26.
PRIME— GUILTY . Aged 26.
WOOD— GUILTY . Aged 24.
Confined One Year.
JOHN MOUGHFLING . I am shopman to James Oliver, of Lower Queen-street. On the 12th of Oct., about six o'clock in the afternoon, I was in the shop, and observed a hand take a pair of boots from the door—I ran out and slapped the prisoner on the shoulder—he immediately turned round and delivered the boots to me—they belong to my master.
GUILTY . Aged 45.— Confined One Month.
WILLIAM FRANKLIN WALLER , I am a shoemaker, and live at uxbridge—the prisoner worked for me. On the 10th of Oct. he brought some work home—I went to my till and paid him—I saw his hand come down very quickly by his side, and saw some shoes, which were suspended from the ceiling, moving backwards and forwards—I am convinced they were quiet before he came in—I gave him some more work, and he left the shop—I called him back, pointed to the shoes, and said, "What mean these; I will see what you have in your pocket"—I searched his pocket, which was a very large one, and found a pair of my shoes—a policeman was passing the door, and I gave them to him—the prisoner implored forgiveness, and asked me to consider his family—these shoes are mine, and were marked by me with the cost and selling price—they were among the shoes which hung up when be came in.
Prisoner. You gave me four pairs of boots to mend, and laid them on the counter—while I was talking to you, I put them in my pocket, and must have I put this pair in with them. Witness. I do not think it possible he could have
taken them by mistake—I found in his pocket all the shoes I had given him, and these in addition—I am certain the shoes were quite quiet before he came in—his cap could not touch them—they were half a yard from his head—he said it was the first time he had ever done it, not that he had taken them by mistake.
Prisoner. I do not know what I did say; I begged him not to give me in charge, and he asked the policeman twice to give him the shoes again, but he would not. Witness. I did not wish to injure him—I said, "Will you give me the shoes back again—I will withdraw the charge?"—the policeman said it had gone too far.
RICHARD ROADNIGHT (police'Sergeant.) On the 10th of Oct., about twelve o'clock, I was passing Mr. Waller's shop—he called me in and said, "This man has stolen a pair of shoes, you take him into custody"—the prisoner heard this, and begged him to forgive him, saying it was the first time—Mr. Waller said it was not the first time by a good many—the prisoner said it was—Mr. Waller wished the shoes back—I said he must apply about that at the station.
Prisoner. Mr. Waller asked him twice for the shoes; he refused to give them back; I did not take them intentionally; master can speak to my character.
GUILTY . Aged 38.— Confined Three Months.
JAMES MARTIN GARDENER . I live with my father at the Bell at Edmonton. On the 6th of Oct. the prisoner applied for a lodging for the night—I went into my bed-room between seven and eight o'clock in the evening, and left my watch in my drawer—my wife was in the room—I went to bed at eleven o'clock and found some water spilled outside the room door, and the door left open—I missed my watch—I went with a policeman to a room where the prisoner was in bed—there was no one else in the room—I found the door fastened—I knocked and got no answer at first—the prisoner in eight or ten minutes opened the door—I saw the policeman search the room and find this watch in a bed—it is my watch.
ELIZA GARDENER . I am the prosecutor's wife—I saw the watch safe in the drawer when I left the room at nine o'clock—I closed the door, and left a jug of water at the door—I went up with my husband at eleven o'clock, and found the jug upset, the door open, and the watch gone—there was no stranger in the house that night, except the prisoner.
JOHN MILLS (police-constable N 374.) I was stationed at Edmonton. On the 6th of Oct I went with Gardener and knocked at the prisoner's door several times—he gave no answer—we knocked loudly with the heel of a shoe—Mr. Gardener went down stairs, and while he was down I heard the prisoner making a noise in the room, moving about, but he would give no answer—at last he opened the door—I searched his clothes and two beds but found nothing—at last I found the watch in some bedding which was tied up in the room—he said he was intoxicated, but he was quite sober—I found on him 3d., a comb, and a knife.
SUSAN GIBBS . I am bar-maid at the house. The prisoner came to the bar at ten o'clock, and asked for a bed—I showed him to the bed about ten or twenty minutes after ten—it was a double-bedded room—in going up we passed Mr. hardener's room, which was one flight of stairs lower—the door was then shut,
and a jug of water there, which I had placed there—the bedding where the watch was found, had been placed in the room a week before—when the pri soner was taken it was in the same state, tied up in a sheet—the prisoner was perfectly sober when he came—he had one pint of beer—he paid 6d. for the bed—he brought no parcel, only a little broken victuals in his hand.
Prisoner's Defence. I got out of bed as soon as I heard them, and opened the door; I do not know anything about it, being drunk.
GUILTY . Aged 28.— Confined One Year.
SAMUEL SOAMES . I am a rope-maker, and live at Cock-bill, Ratcliff. On the 23rd of October, about twenty minutes after one o'clock in the day I was at the corner of Mark-lane—I felt something at my pocket—I turned round, and saw the prisoner walking away, putting my handkerchief into his pocket—I gave him in charge—he threw it down—I took it up, and gave it to the policeman—he said a boy picked it up and gave it him.
Prisoner. You came up and said, "Have you my handkerchief?"—I said "A boy gave it me, here it is" Witness. I saw him putting it into his pocket—he had got about five yards from me—I turned round sharply—he was walking sharply—I saw no boy near.
Prisoner's Defence. I could have run away, but did not.
SAMUEL SOAMES re-examined. There was a corner about three doors off—I watched him round that corner—he was turning round the corner when be put it into his pocket—when I gave him in charge he pulled it out and threw it away—he was about a yard in advance of me.
GUILTY . Aged 20.— Confined Six Months.
NEW COURT.—Monday, October 26th, 1846.
NOT GUILTY .
GUILTY .— Confined Three Months.
OLD COURT.—Tuesday, October 27, 1846.
Second Jury, before Mr. Recorder.
JOHN DAVIS (City police-constable, No. 551.) On the 23rd of October, about a quarter to one o'clock in the day I was in Fenchurch-street, and saw the prisoner following the prosecutor—he took hold of his coat-tail, put his hand into his pocket, and drew something out—I immediately crowed the
road—the prisoner ran down Rood-lane, leading to St. Mary-at-hill—I ran and secured him, and received a handkerchief from Hudson.
DAVID HUDSON (City police-constable, No. 583.) I was on duty in Fen-church-street, and saw the prisoner turning the corner, running down Rood-lane—I saw him fling a handkerchief down on the pavement, on the kerb, two doors down Rood-lane—I picked it up, went down, and met Davis and the prisoner coming up Rood-lane—I gave it to Davis.
Cross-examined by MR. BALLANTINE. Q. Is there any mark on it? A. Yes.
GUILTY . Aged 18.— Confined Six Months.
EDWARD MAXWELL . I am a farmer, and live at Enfield—the prisoner was my father's carter. On the 25th of Sept. he left my premises with a load of potatoes early in the morning—he had the care of my horses that day, and had more than his allowance of corn and chaff—I saw it on the wagon in a bran-sack—I did not allow him to take more than his allowance—I had told him not to take more—he had no business with any corn but that in his nose-bags, but he had about seven bushels and a half in a sack—it was my father, William Maxwell's property—I live with him—I had not seen the prisoner leave the yard.
Cross-examined by MR. DOAKE. Q. It was the prisoner's business to start very early in the morning? A. Yes—I heard that he had been with his wife to a fair the night before, and had been carousing there—he was not to have mixed corn, in a sack on the wagon, besides what was in the corn-bag—I did not measure the corn the police brought me—I could tell the quantity by the sacks—I saw the corn given him about five o'clock the evening before, by Ogleby.
HENRY HASE (police-constable N 342.) On the 25th of Sept., between two and three o'clock in the morning, I saw the prisoner near the turnpikegate at Edmonton, with a wagon and horses—I noticed a sack in front of the wagon—I stopped him, and asked what it contained—he said, "Horses-bait"—I said, "I believe you carry your bait in nose-bags?"—he said he had nose-bags full, but that was a little he had over—I asked if any one gave it him—he said no, he took it himself—I went to the prosecutor's and examined the sack—the prisoner was present—Maxwell said he had no right to take it—the prisoner said nothing to that—there were six bushels in the sack.
NOT GUILTY .
1997. JOSEPH SPENCER was indicted for stealing 2ozs. weight of tea, the goods of the East and West India Dock Company, his masters, and that he had been before convicted of felony, to which he pleaded
GUILTY Aged 55.— Confined Three Months.
MR. BALLANTINE conducted the Prosecution.
MARY WOODHOUSE . I am a widow, and live in Park-road, Nottingham. I have five children—upon my husband's death I found I had an annuity of 30l. a year—I believe myself to be a relation of the Rev. William Stokes, and was entitled to property from him—about June, 1845, I was introduced to the prisoner by a female cousin to investigate my claim—he told me that he could get the registers for me—I inquired shortly after if he had got them for me—he said yes, and had sent them up to London to a friend of his named Fitzgerald Strathern, a barrister—shortly afterwards he told me the barrister wanted 20l. to take the matter into the Court of Chancery—I said I had not got 20l.—I asked two gentlemen at Nottingham to advance me 20l. on my annuity, but they refused—he then said, "You have no occasion to be beholden to anybody for money, you have an annuity, you must sell it"—he said the money was in the funds, and there was a good deal of property to be recovered.
COURT. Q. Was he the person who first told you that? A. After he said he had sent the register to London he gave me a letter from the barrister, telling him what the property was, and the money—when he read the letter to me, I asked him to let me read it—it stated about the estate and the funded property, amounting to nearly 500,000l. and interest—he gave me the letter—I read it—it stated all that—I was going to put it into my pocket—he said, "Don't take that letter with you; I should like to take a copy of it myself, you shall have it when you call again"—I gave it to him, and could never get it again from him—I sold my annuity, by his advice, and gave him 20l.—I asked him for the barrister's address before I paid him the 20l.—he represented the 20l. as the barrister's fee to take the case into Court—he wrote the barrister's name and address on this paper, in my presence, at Mr. Gilbert's commercial rooms—(read—"Fitzgerald Strathern, Esq., barrister-at-law, Lincoln's Inn-fields, London")—I was to come to London to pay the barrister, but he said he was gone to the Isle of Wight, and I paid the prisoner four 5l. notes—I have given him money at other times—the 20l. was nothing compared with what he has had of me—I found out in July that it was all a deception.
Prisoner. She never paid me a farthing; she frequently came to me; I told her I did not understand law. Witness. I did pay the 20l., and often paid his expenses up to London—the last sum I gave him was 52l. 10s., the day before I was to come up to London to receive part of the money, and be put in possession of the property—nobody was present when I paid him—I got the notes at Mr. Smith's bank, South-parade, Nottingham—he has had more than 100l. of me—he gave me seven or eight letters, which he said came from the barrister, stating when we were to come up to the Court of Chancery, and other places, about the property—this is the last letter I re ceived from him—he said it was from the barrister—I know the prisoner's handwriting—I saw him write the barrister's address on the paper produced—I did not give him the letters—I received them from him.
Prisoner. She was in the constant habit of going to a man named Smith, and one Little Joe, and his brother Bob; she said they used a magic-glass every day; she has told me so hundreds of times; her brother said he would come to London and expose the whole transaction for 5l., that his sister was a wicked woman. Witness. I never used a magic-glass—I have never quarrelled with my brother—he went with a policeman to take the prisoner.
Prisoner. Q. Did you take me to any barrister? A. No—I never placed any documents in your hands—you got all the documents, and gave me those
letters, stating it had gone through all the Courts, and that the business was finally settled; that I was to come up and receive the first instalment of 5000l., and be put in possession of the property—you and the barrister were to meet me and my cousin—we were in London a week—neither of you came—my brother was in town three weeks waiting to see you, but you never came—when we saw you at Nottingham you said you had been running about from London to Canterbury, and several places, to find the barrister——you got 52l. 10s. for those journeys before you went—I never went with you to places of amusement—we did call at the National Gallery as we passed I never paid 6d. to see any place—we went to the British Museum—I did not go about with you to buy silk and furs—my husband has been dead three years.
Prisoner. She has brought this charge against me because she has spent all her money in this nonsense; she wants to make me the scape-goat for all the sins she has committed; she is deeply in debt, and lays this charge to me.
JOHN WHITE . I am a collector and appraiser—I have been employed to make inquiries in Lincoln's-inn Fields—I could not hear of such a person there as Fitzgerald Strathern—I went to every house and looked at all the names.
The prisoner, in a long address, denied having given the prosecutrix the name of any barrister, or held out to her any inducement to employ him in the business; stated that he had never come to London with her, except at her own earnest solicitation, and had received no money from her but a few pounds to pay his expenses; that she and her relatives were in the habit of consulting fortune-tellers and others, and upon their representation she would hurry him up to London; that he had always told her he was unable to render her any assistance in recovering her property, and that it was a folly to prosecute her claim without having any documents; she was in the habit of concealing herself in his house to avoid her creditors; she had produced a letter to him, which she said was from E.H. Powell, Esq., a barristers; that the prosecutrix's brother had been raising money for years on the representation of his being entitled to this property; that she was in the habit of going to people who, by consulting cards, told her that there was great property coming to her, and that they used to see in the magicglass how matters were going on; he concluded by contending that there was nothing but the unsupported representations of the prosecutrix of her having paid him the money, and that he had always told her it would be an act of madness to sell her annuity to attempt to recover the property; he denied having given her any letters.
MRS. WOODHOUSE re-examined. I several times insisted on seeing the
barrister—the prisoner always told me he was out of town—he told me the bar-rister lived in Lincoln's-inn Fields—he did not say where—I did not go with him there—he would make any excuse sooner than take me to the barrister—he produced this letter to me, stating that the copy of the will and the report of the case were ready.
(The letter being read, stated that the parties were to attend before the Lord Chancellor, and have from him authority to receive the personal property amounting to 490,000l. &c.; also suggesting a plan for the division of the real property, apportioning different farms, &c., to different members of the family and that 50l. must be immediately sent to pay the necessary expenses.)
The prisoner called
THOMAS STOKES . I am the prosecutrix's cousin. I never said Mrs. Wood-house's law proceedings had cost me 50l., nor 40l., nor 10l., nor any sum—I said I had been to London with my relations, and that cost me 10l.—I never knew the prisoner till after that—I have been at his house—we came to London, and were there nearly a week—I went back and went to his house, and he was not at home—his wife said he was in London—that brought us up to London again, and we could not find him—we stopped nearly another week, then went home again—went to his house—he was at home—my cousin said, "Why did not you meet us in London?"—he said, "Why it was no use meeting you—for I have been to several places after the barrister"—he said it was no use my coming to you unless I could find him—I said, "If you had met us you would have saved us a great deal of expense; what have you done with the 50l. I gave you?"—he said, "I gave it to the barrister"—my cousin said, "Have you?"—he said, "Yes; I was determined to see him before I came back; I have been running about from one place to another, to Greenwich and the Isle of Wight"—he said, "Next week you will have 400l. or 500l. among you, and that will pay the 50l."—I do not recollect saying that my cousin was a very extravagant woman, and would soon ruin me—you said if I would advance you 10l. you would pull the case through before Christmas—I said, "I should like to see the barrister first—if you will allow me to go to London with you to see the barrister, and that things are going on correctly, I will advance it"—he said, "Certainly"—I said, "Very well, I will go with you next week"—in the meantime he was apprehended—I did not know the prisoner till I was brought up to London to receive a por-tion of the property, and be put in possession of the farm—I think he did say something about the magical glass one day—he said, "If you will tell me your age, and the day you were born, I will tell you your fortune"—he would cast my nativity—I said I did not believe anything of that sort.
GUILTY . Aged 42.— Transported for Seven Years.
NEW COURT.—Tuesday, October 26th, 1846.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 22.— Confined One Year.
GUILTY . Aged 43.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
REBECCA GRATWICK . I am barwoman to Mr. Morton, who keeps the St. George tavern, Belgrave-road. On Monday, the 14th of Sept., the prisoners came in between seven and eight o'clock in the evening—one of them called for a quartern of gin—our barman served them—one of them laid down a half-crown on the counter, and Bullock asked me for his change—I went to the till, but had no money there, for our man had given change for a sovereign—I gave Bullock four sixpences, and 2d. in copper—I threw the half-crown into the till where there was no other money—the prisoners drank the gin and went away—in about a quarter of an hour they came in again—our barman said something to me, in consequence of which I looked in the till and took out the half-crown which I had taken—I then saw it was had—I krpt it in my hand till the policeman came—I marked it and gave it him.
Bullock. Q. How long elapsed after you took it from me till the pot-boy spoke to you? A. It might be a quarter of an hour—I never told the Magistrate that you went away for half an hour and came back again—you were not quite sober.
COURT. Q. Did you receive any other half-crown from the time of their first coming in till you gave them into custody? A. No.
DAVID RICHARDSON . I am in the service of Mr. Morton. I remember the two prisoners coming together on the 14th of Sept.—I served them with gin—they came again in ten minutes or a quarter of an hour—nobody had been served before they came in again—Bullock called for a pot of beer, and tendered me a half-crown—I saw it was had—I told him so, and Amos said, "Let me look it"—he took it out of my hand—Bullock then paid me 4d., which was the price of the beer—they had been standing together when the halfcrown was first passed to pay for it—they were taken into custody—when this half-crown was found to be bad, Mrs. Gratwick showed me another bad half-crown.
ROBERT SMITH (police-constable B 72.) I went to Mr. Morton's about eight o'clock that evening with Hicks—I took Bullock—I found on him six shillings, five sixpences, and 1s. 7 1/2 d. in copper—I received this half-crown from Gratwick.
Bullock. Q. Was I drunk? A. You had been drinking, but was not drunk—I never said you was so drunk I could not get you to the station-house.
Bullock's Defence. I am coachman to Mr. Martin, in Chester-street; I am in the habit of going to Mr. Tattersall's to buy harness; I received the half-crown from a man there in change for a sovereign; 1 put the change in my pocket; 1 went on to this public-house, which is within 100 yards of my own house, and being intoxicated I gave the half-crown.
BULLOCK— GUILTY . Aged 45.
AMOS— GUILTY . Aged 41.
Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
THOMAS HAWES . I live in City-garden-row—I keep a coffee stall in St. Luke's—I have seen the prisoner several times, and had dealings with him previous to this—on the morning of the 12th of Oct., he came for a cup of coffee and bread and butter—they came to 2d.—he gave me a shilling—I saw it was bad, but for reasons of my own I kept it, and let him go—on Thursday morning, the 15th of Oct., he came again for a cup of coffee, and gave me another shilling—I saw it was the same kind as what I had got, and I said, "This is just what I have been waiting for"—I called a policeman who was standing seven or eight yards off, and gave him into custody, with the shilling which had just been given me—I had the other shilling at home distinct from other money—I got it and marked it, and gave it the officer.
Prisoner. You said, "This is bad; I have taken some bad money lately, and perhaps you gave it me"? A. No, decidedly not—you could not go away—I was close to you—the policeman was not drinking coffee with mc—I have known you three or four years—you never offered me bad money before, but about a fortnight or three weeks previous, when I was rather busy, two young men came for coffee and bread and butter—they put down a half-crown—I said, "I don't like this"—the prisoner was there—he took up the half-crown, looked at it, and said, "I wish I had a hat full of them"—I, being busy, put it into my pocket, and next morning I found it was bad.
GEORGE GURLING (police-constable G 94.) On the 15th of Oct., I was close to Hawes's stall—he called me, and gave me the prisoner into custody, and gave me this shilling—he said in the prisoner's hearing that he passed one of the shillings to him on the Monday morning—the prisoner asked if 1 intended to lock him up, and I said, "Yes"—I received on the same morning this other shilling from Hawes—I found no money on the prisoner.
Prisoner's Defence. Do you suppose if I was an utterer of base coin I should tender a bad shilling when there was a policeman standing near a stall?
GUILTY . Aged 21.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution.
GEORGE SYRETT . I live with my son, who keeps a stationer's shop, in Old Broad-street—on Tuesday afternoon, the 8th of Oct., the prisoner cane in, about a quarter past three o'clock for a sixpenny memorandum—I served him—he put a half-crown into my hand—I gave him change, and he went away while I was serving a gentleman—I laid the half-crown on a shelf behind me—I then looked at it again, and considered it was bad—I put it in a bowl in the till—I noticed that it was of the reign of King William the Fourth—there were four other half-crowns in the bowl, which I had put in just before—I considered they were good—I used two of them to give the gentleman change—none of them were of the reign of William the Fourth—that I am sure of—I left the prisoner's half-crown in the bowl when I took the two half-crowns out—when I looked at the prisoner's half-crown and put it in tin bowl it might be about a quarter to four o'clock—no one had been in to interfere with the bowl.
Prisoner. Q. Did you not say you thought I was the man? A. No, I had no doubt at all he was the man from the very coat he had on, before I saw his face.
FREDERICK SYRETT . I am the son of George Syrett. I returned home about a quarter to four o'clock that afternoon, and my father went out—I looked into the till, and discovered a bad half-crown of the reign of William the Fourth, and two others of a different reign, and good ones—I took the bad half-crown out of the bowl, and threw it into the till, loose, away from the other money—I locked the till up, and the half-crown remained there till the next morning—I kept it separate from the other money, and I have it now—this is it—on Saturday, the 10th of Oct., the prisoner came to the shop to me to purchase half a quire of note paper, which came to 3d.—he tendered me a bad half-crown—I saw it was bad immediately—I fastened the door, and said, "Have you any more of this sort about you?"—he said, "No"—I said, "This will not answer my purpose; perhaps you have a good one, or some other money?"—I said, "I think I shall lock you up"—he said he was out of employ, and could not tell where he got the half-crown; that he had been down to the neighbourhood of Blackwall to see his sister, and he had no other money—he said he came from Chelsea, and had no other money when he came out—I sent for a policeman, and gave him the half-crown.
ROBERT WILLIAM O'CALLAGHAN (City police-constable, No. 627.) I was called into Mr. Syrett's shop on the 10th of Oct., and took the prisoner—I received this half-crown from Mr. Syrett, jun.—the prisoner was asked his residence, and he said he would give no account of himself at all.
Prisoner's Defence. I was never in the shop but once, and then I was not aware the money was bad.
GUILTY . Aged 26.— Confined Six Months.
SAMUEL JORDAN . I am lock-keeper at the Grand Junction Canal, at Harefield. On Saturday morning, the 26th of Sept., the prisoner came to my lock—Norman was there—the prisoner came forward to pull the lock—the lock was not ready to receive the boats, and Norman asked the prisoner what was the reason he did not come sooner to get it ready—the prisoner and Norman worked in a different pair of boats, but both belonged to one master—they had words, and called each other liars, and then Norman called the prisoner some name that I could not understand—the prisoner answered, "Can you make me one?"—Norman said yes, he could, and immediately threw off his cap, and doubled his fist to fight the prisoner—the prisoner had not then done anything, but called Norman names—they walked away from the lock, round the corner of the palings, where I could not see them, and were fighting for some minutes, and then I went over from my side of the lock, and told them they had a great deal better leave off fighting, and follow their boats; they had had enough of that I thought—the prisoner immediately said, "That is just as he likes"—Norman made an answer which I was not near enough to understand—they went from there into the meadow, and were there some time—I was out of sight of them—I then went into the road, and saw Norman's brother trying to lift him up—his brother had repeatedly, in my hearing, begged him to leave off fighting—I could not hear what reply Norman made to that.
Cross-examined by MR. BALLANTINE. Q. Norman was a short stout man? A. Yes, and he called the prisoner several names—it appeared to me that Norman was the person provoking the whole thing—the prisoner appeared to
me to endeavour to get out of it—the next thing I found was that Norman was dead—I went to the meadow, and told his brother ho was a corpse.
GEORGE NORMAN . I am the brother of William Norman, who died the quarrel began about the lock not being ready—the prisoner said it was not his place to fill the locks—my brother told him it was—the prisoner said he was a liar—my brother said he was not, and he said, "You are a liar, and a b——y liar"—the prisoner replied, "Can you make one of me?"—my brother said, "Yes," and he threw off his cap, and doubled his fists, and began to square at him—I begged him not to fight at all—I said, "There wants no fighting;" but he would, and he and the prisoner went down the road, a little distance from the lock—I got my lines ready, and went down after themthey got into the meadow, and began fighting again—my brother pulled off his shirt—he would not leave off—the prisoner had pulled off his shirt in the road—I went into the field, and begged my brother to leave off—he struck at me, and said he would have another round or two—they began to fight again, and fought for ten minutes, I dare say—when my brother said he would have another round or two, the prisoner said as he liked about that—he seemed willing to give it up—they fought a few rounds, and in the last round my brother tumbled down backward, and lodged his elbow in the ground for a minute, and all at once he fell back like a person in a fit—he made a kind of gurgling in his throat, and I never heard any more from him.
Cross-examined. Q. When your brother struck at you he was exceedingly excited? A. Yes—he had got several pieces of skin knocked off—he was very passionate—when my brother was dead the prisoner did not know it—he said "I won't fight any more," and he went off down to the boats—my brother drank a good deal at times.
HAYES KIDD . I am a surgeon—I was called upon to examine the body of William Norman—I found contusions about his face, but not, apparently, sufficient to cause death—I made a post mortem examination—I found the vessels of the brain in a highly congested state, and an extensive extravasation of blood in the ventricles of the brain—I considered the cause of death in the flow of blood into the brain.
Cross-examined. Q. He died, in point of fact, from apoplexy? A. No—I consider the rupture was occasioned by external violence—the vessels of the brain got very full of blood which caused congestion—there was a rupture—the flow of blood from the vessels to the brain was the cause of his deaththe cause of the congestion might be extreme excitement—in making a blow at his brother he might have brought on the congestion which ultimately ended in the rupture, and being a person of intemperate habits the vessel were more likely to rupture than in any man of other habits.
NOT GUILTY .
GUILTY . Aged 20.— Confined Three Months.
ELIZABETH HOWARD . I am cook to Mr. William Bardgett, of No. 53, Old Broad-street—on the 15th September Sullivan was employed there as a plumber's boy—I missed two silver tea-spoons—these are them—I charged Sullivan with taking them—he said he did not know anything about it.
Cross-examined by MR. PAYNE. Q. Was the door of the house left open
A. No—there were two other work-people in the house—these spoons were in a cupboard on the first flight of stairs—Sullivan was at work up higher—he would have to pass the place where the spoons were—I know these spoons by a No. 7 on them and a dot.
WILLIAM HIBBLE . I am assistant to Mr. Wells, a pawnbroker—on the 15th September Murphy brought these spoons to pledge—I asked who she brought them from—she said from Mrs. Kilday—I said she must go and fetch her—she went out and returned in half-an-hour, and said she was gone to the theatre—I then gave her into custody—I don't know such a person as Mrs. Kilday.
Cross-examined by MR. WILDE. Q. You have known Murphy? A. Yes—about four years as a customer to our shop—that was my reason for allowing her to go away—I have found her honest in every transaction.
Cross-examined by MR. PAYNE. Q. Do you know a Mrs. Guilday? A. When I saw her here as a witness I did—I think she has pawned with us in the name of Harrington.
MARY GUILDAY . I am a widow—I live at No. 28, White Horse-yard, Drury-lane—I keep a little clothes shop—Murphy came to me on the 15th of September, between seven and eight in the evening—there was nobody but me and my grandchild there—she told me she had been to a pawnbroker to pawn two spoons, which had been stopped, she had said they belonged to me, and if I would go with her she should get them or the money—knowing she was an honest, hard-working girl, I thought she might have had them given her—I asked where she got them—she said a boy gave them to her—I told her to fetch the boy—she brought in Sullivan—I asked where he got them—he said where he worked in Bishopsgate-street—I said "You must be a very bad boy to do so"—he said there was no down on him, the cook did not suspect him of them.
Cross-examined by MR. PAYNE. Q. Do you know a man of the name of Dempsey? A. Yes—they brought him with them, but he would not come to the gas light, so that I could not see him—I have pawned in my daughter's name—her name is Harrington—I and my daughter keep a clothes shop—I sell shoes and silk handkerchiefs—I don't buy everything that people bring to me—if my son had been at home I would have given Sullivan into custody—I know no harm of Murphy—she told me she went out with flower-pots—I had never sent her to pawn things—she had a gown and a shawl of me for 1l., and pawned them to give me the balance—I swear she has not pawned things for me, and I have been sent for to say they belonged to me—I don't know where she lives—I took her to be single—I don't know where Dempsey lives—the boy said he lived in Plumtree-court—I have seem him about with mats—I never spoke to him.
Cross-examined by MR. WILDE. Q. How long have you known Murphy? A. Eight or nine months—I had not seen her for two months till about a week before she came about the spoons—she brought me a pair of boots, and 1 bought them of her—she told me she got them exchanged for flower-pots—I had had no other transaction with her but selling her the gown and shawl, which was about nine months ago—I never sold her anything else—my grand-daughter is about ten years old—when Murphy came to speak about the spoons, she did not come to tell me she was going to pawn them—I did not tell her where she could pawn them, and how much she could get upon them, and say she might use my name—she did not tell me she would give me 7s. out of the money advanced on them—I have not been in prison—I have not been in the House of Correction—yes, I have been in there seven
days, because I fell down in the street and knocked against a woman when I was a little the worse for liquor.
JOHN LEWIS ASHMAN (police-constable 119 F.) I took Murphy at the pawnbroker's—she said she met a woman in the street, who asked her to pawn the spoons for 18s. in the name of Kilday, and when they refused them she went for her to the corner of the street, and they said she was gone to the theatre—I have known her for years—I never heard anything against her.
NOT GUILTY .
GUILTY . Aged 20.— Confined One Year.
FRANCIS WALLIS . I live in King-street, Snow-hill, and am a butcher. On the 6th of Oct. I went to supper at the Horse and Groom, at the corner of Leather-lane, in Holborn—I left the house about one o'clock in the morning—the landlord paid me three half-crowns, and I put them into my right-hand coat pocket—I had been drinking—when I came out the prisoner and another female accosted me—I agreed to treat them, and we went to the King's Arms in Holborn—we had a quartern of gin—I paid 4d. or 5d. for it, and changed one of the half-crowns—I am sure I had the other two in my pocket then—in coming out I was urged by the prisoner and the other to go with them—I said I should not—I had my suspicions, as I had lost 11l. once before—I felt my breeches' pocket—I found it was unbuttoned, but I had my purse, containing gold and silver, safe—I then put my hand into my coat pocket, and the half-crowns and the rest of the change was gone—I took hold of them, and said, "One of you two has robbed me"—I gave them into custody.
Cross-examined by MR. PAYNE. Q. There was a little fondling going on? A. Yes, it was something in the same manner that I lost the 11l.—I gave both the females in charge, because I did not know which took the money—the Grand Jury threw out the bill against the other.
WILLIAM GEORGE WHITMARSH (City police-constable. No. 707.) saw the prisoner and another female with the prosecutor, and soon after I was called and took them—I asked the prisoner what money she had—she gave me half-a-crown from her bosom, and two halfpence, and she said she had more—the searcher searched her.
Cross-examined. Q. Did she say the half-crown you found on her been given her? A. Yes, in some change, that she had been all the evening drinking with the prosecutor, and the 1s. 6d. she brought from home—I found on the other woman a halfpenny and a farthing.
NOT GUILTY .
Inn-lane. On the 12th of Oct., I left my chaise id Biihopsgate-street, with my coat in it—I missed the coat—this is it.
JONATHAN JAMES GRINDLEY . I live with my father, in Widegate-street, Bishopsgate. About a quarter past seven o'clock I saw the prisoner take the coat out of the chaise—he took it on his arm, and walked till he got to the end of Angel-alley, he then ran—I gave information.
JAMES REID . I live with my parents, in Dyer's-court, Long-alley. I was going along, and saw the prisoner have the coat on his shoulder—he chucked it off, and ran away—I picked it up, and gave it to the policeman—I am sure the prisoner is the man.
Prisoner's Defence. I heard a cry of "Stop thief"—the officer came and asked if I had seen any man run through—I said I had—this lad brought the coat, and gave it to the officer—the officer told him he had got the man that stole it, and took me back.
GUILTY . Aged 19.— Confined Six Months.
GUILTY . Aged 19.— Confined One Year.
NOT GUILTY .
OLD COURT.—Wednesday, October 28th, 1846.
NOT GUILTY .
Before Lord Chief Baron Pollock.
2014. JAMES NEWBERY was indicted for feloniously threatening to accuse Edward Davis Protheroe of an unnatural offence, with intent to extort money; other COUNTS, for sending a threatening letter with a like intent.
MESSRS. BODKIN and DOANE conducted the Prosecution.
EDWARD DAVIS PROTHEROE , Esq. I am member of Parliament for Halifax—my estate was at Turnwood, in Dorsetshire—I have lately sold it—in 1845, during the season, I resided in John-street, Berkeley-square—I had previously resided in Chapel-street, Grosvenor-square—when I left John-street I had some articles of furniture—I arranged with my valet to leave them on the first and second floors of his house, and I was to make use of that lodging until I got a new house—in Nov., 1845, having left my valet in the country, I hired the prisoner temporarily for the job as valet—he went out of town with me—I resided at the house of my aunt at Exeter, and afterwards at Cheltenham—I staid at my father's house there, and then came to London for a day, and then we went down to Turnwood—he was with me one month from some time in Nov. until Dec.—we returned to town together—I returned with my regular valet—the prisoner had his account paid at Turnwood, and parted with me at the Nine Elms station—I lost sight of him for some months, except seeing him once or twice in the street, I heard nothing of him for three
months, I believe—I had delivered to me at the Traveller's Club, two or three, or perhaps four, small notes from him, requesting the loan of 1l. or 2l.—I immediately destroyed them—I paid no attention to them—as well as my memory serves me I saw him in the street afterwards, and said I was surprised he did not know better than to write to me for assistance at the Traveller's Club, that any servant, however short a time he had been with me, ought to know that he should apply at my lodgings—about July last he called on me at my lodgings at Cottage-road, Chester-square—I do not remember what part of the month it was—I should say it was the end of July—I had some conversation with him—I do not think Sir George Hamilton's name was mentioned—he asked me for assistance, which I declined, alleging that I thought an able, smart, and active servant ought to have got a place if he chose, and I was displeased with his having written another letter to the Traveller's Club asking for a small sum of money, after I had forbidden letters to be sent there—I met him in the street in Aug. as I was going to the House of Commons—nothing was said on that occasion about Sir George Hamilton—he asked me to give him a written character—I said, "As long ail am in London any gentleman who pleases to apply to me will hear whit I have to state, that you have lived with me a month or six weeks, and, as far as I know, are a decent, respectable servant, I rather object to giving a written character; I will think of the matter"—while he was staying with me I rather believe I inadvertently gave him reason to suppose I had more power of getting him a place than I really had—he says so, and it seemed to be impressed on his mind—I forget how it arose—I said, "When a gentleman, a friend of mine, returns from abroad, if you are a good coachman or groom it may be in my power to recommend you, and I will do so"—Sir George Hamilton at that time was abroad—on the 3rd of Sept. he called on roe for a written character—I was in the act of writing it when he called to ask for it—he was bad up into the room—I delivered the character into his hands—this is it—it is dated 3rd September—(read—"James Newbery was engaged by me last winter to wait on me during my valet's absence. He served me at my then house in the county of Dorset, and travelled with me to Halifax, and when there be always conducted himself with perfect propriety, honesty, and sobriety during the two months he was with me, and I should think would make a superior and valuable servant—EDWARD DAVIS PROTHEROE, Cottage-road.") It in mistake about Halifax—at the time I wrote it I was under the impression that he had been with me longer than he was—I was anxious to give bio the benefit of the best testimony I could, having learned from him my character would be of considerable importance to him, as his late master bid failed and was out of the way—I made the best character I could—he received the character, and I was very much surprised that he did not thank me for it—he complained that I had not got him the situation with my friend, and I think he said I had recommended somebody else, that I had hired all Sir George Hamilton's servants, and one word from me could have got him a place, and that I had also bought his horses—my answer was that I had new hired a single servant for that gentleman, that unquestionably I had been ready to recommend him, but it was a question whether I could recommend him since that period, that I had given advice to the stud-groom with regard to sending horses abroad, but he might learn that I had not bought any horses for him, that Lord Villiers was the person who was employed to buy them—he repeated the same statement, doggedly adhering to his assertion—that gave me the impression that he was endeavouring to pick a quarrel, or that he was not in his right mind—(I have condensed the conversation)—as he went out of the room he said something, the meaning of which I could hardly understand,
but which received its explanation from his subsequent conduct—he stood with the door half between him and me—he said, "I shall call at the Travellers'," or something of the sort—I think I went out of town, and did not go to the Travellers' that day—on the next day, the 4th, this letter was brought to me from the Travellers' Club—I believe it is the prisoner's writing—he has stated that it was—(read—" Sept, 4th, 1846. Sir, I feel very much disappointed in not having the place with Sir George Hamilton, after having promised me; I should have thought, after what has passed between me and you, you would have got me the place; I shall go to the club, or clubs, which you belong to, and tell them what you are, which I can prove; I shall likewise let your father and mother know what you are, and likewise the public, and if you do not do something for me I shall acquaint a lawyer of it; you know very well what you wanted me to do to you; it is right the public should know who are these persons; you said that if I left my mistress you would do something for me; you have driven me to do what I have done, and you have acted very unhandsome to me; I can return to you, and if you do not answer by return of post I shall tell the committees of the clubs which you belong to, and if you like to vin-dicate yourself I am to be found in Mason's-yard, Duke-street, St. James's; certainly I shall disgrace you; my address is, 'James Newbery, at Mr. Collins's, Mason's-yard, Duke-street, St. James's' ")—on the receipt of that letter, (I am not very clear as to the dates,) as I was going out at that time, I took the name and direction down, and left the note at home—on my return from the City I stepped into Brooks's-club, and wrote a letter to him, which I did not send, because I thought I would condense it—I afterwards wrote this letter—I accidentally retained the draft of it—(read)—
" 12, Cottage-road, Chester-square, Sept. 4, 1846.
"Some one has written, in James Newbery's name, a threatening letter to Mr. Davis Protheroe. Mr. Davis Protheroe cannot believe that the letter is written by James Newbery. The letter is sent to Mr. Davis Protheroe's lawyer, who has orders to prosecute the writer, if necessary. Probably the letter is written to gain the benefits of a prison, or of transportation—one of which would certainly follow a prosecution; if this be the case, the writer's wish will not be gratified, as Mr. Davis Protheroe will treat this and all other letters with perfect indifference, and the writer may take what course he likes: it will not have any effect on Mr. Davis Protheroe. Mr. Davis Protheroe does not believe it comes from James Newbery, as only yesterday morning he received what alone he asked for—a letter of recommendation, testifying his good conduct when on a job in Mr. Davis Protheroe's service; and James Newbery only expressed some disappointment that he had not got a place as coachman to Sir George Hamilton; on which he heard, from Mr. Davis Protheroe, that he had never hired one servant for Sir George Hamilton, and had recommended James Newbery in the winter, when he thought he might suit the place. There being, therefore, no assignable reason, nor motive, for such an act, Mr. Davis Protheroe cannot believe the letter comes from James Newbery, who must be simply mad, if he wrote it. Mr. Davis Protheroe's answer to the writer is, that he will pay no attention to this or any other such letter. It is a threatening letter: threatening letters are punishable with im-prisonment or transportation, and nothing else will they ever get.—EDWARD DAVIS PROTHEROE. P.S. Mr. Davis Protheroe bad mentioned to James Newbery that letters should be sent to his house, and not to the Travellers' Club, out of kindness, as he thought it only creditable and respectable for a servant to seem to have the power of calling on a gentleman at his house. It is no annoyance (if annoyance is intended) for letters to be left at clubs: they
are often lost, and the writer is the sufferer. Mr. Davis Protheroe's intention seems to have been misunderstood, and his good-will thrown away,—To James Newbery."
MR. PROTHEROE re-examined. On the next day, the 5th of Sept., the prisoner was shown into my room, very much to my surprise—I said, "Have you received a letter from me, in answer to one which you wrote to me?"—he said he had not—I said, "I have got a copy of it; I am in a very great hurry, and have scarcely time to say a single word; perhaps the best way is to read what I have written, unless you should not receive it"—I read the draft to him—I cautioned him not to interrupt me, as I was in a very great hurry-while I was reading the passage about my power to get him a situation, which is longer than in the letter, he repeated the assertion, that it was in my power by a word to get him a situation—I thought he really was not in his senses on the subject—before he left the room he said, it was all very well when a man was in prosperity and well to do, people were his friends, but in adversity or poverty no one would give him a guinea, and he would serve me out as well as other persons—I said, "Whatever other persons have done to you I have discharged my duty to you as a gentleman and a master"—he said I had behaved in a very ungentlemanly manner to him—I said I must decline saying further—I rose and left, and he left the house—I left town on the 7th or 8th (I think I left to go to Richmond, I left the very night I wrote the letter)—I received this letter just before I left my lodgings to go to Cheltenham—it is in the same handwriting as the one which he acknowledges—(read—" To E. D. Protheroe, 12, Cottage-road, Chester-square, Pimlico. Sir,—I have now done what I stated to you I should do: that is, I have wrote to one of the committee, which is Captain C. C. Berkeley, and told him my address, if he wished to see me, to state further particulars.—JAMES NEWBERY."—I staid a few days at Cheltenham-when I returned I was prepared, at that moment, to go abroad—I had my passport ready, but I received this letter, which arrested my progress—I wish, in reference to the last letter which was read, to state, that in the conversation I had with him, he muttered something about writing to Mr. Berkley and the Travellers' Club—(read)—" To the Gentlemen of the Travellers' Club. I wish to inform you, E. D. Protheroe is guilty of that crine which is forbidden by God and man; I also consider it my duty to let the members know what sort of a man he is, for the short time I was with him I have convincing proofs of E. D. Protheroe; it is well known the steward of the other club which he belongs to lost his place, through accusing him of an unnatural offence, which I can prove he is guilty of; I sent him a letter on Thursday of what I intended to do, and what I have now stated in this letter; I hope the gentlemen of the club will take into consideration what sort of company they are in; if he E. D. P. likes to take me up, I am to be found at Mr. Collins's, Mason's-yard, Duke-street, St. James's"—on the next day I came to town late in the evening, and lost not a moment in ascertaining whether my solicitor was in London, and put the matter in his hands—on my solemn oath there is not a particle of truth in the assertions the prisoner has made against me.
The prisoner cross-examined the witness at great length, respecting different acts of familiarity and indecency having taken place between them, all of which the witness solemnly denied.
THOMAS STEVENSON . I am valet to Mr. Protheroe, and have been in his service twenty years—I am a married man—I was married last year—I was down at Mr. Protheroe's house at Turnwood when he brought the prisoner as a temporary servant.
WILLIAM HILLIARD . I am porter at the Traveller' Club—I know the prisoner. In Sept. last he brought a letter to the club for Mr. Protheroe—I do not recollect the date—I think it was in the early part of the month—the letter was conveyed to Mr. Protheroe's house, or delivered to a servant of his—at the time he brought the letter, I think he remarked that Mr. Protheroe had not performed a promise that he had made to him, which was obtaining him a situation with Sir George Hamilton—I saw him several times afterwards—he came and asked questions as to who the committee of the club were—I handed him a list of the club—he looked it over, and selected two names—one was Captain Barclay, and the other Mr. T. P. Courtenay—ha said from the disappointment he had received from the non-performance of Mr. Protheroe's promise, he felt so aggravated he should certainly write to those two gentlemen, and acquaint them of a certain thing respecting Mr. Protheroe, not naming what it was, but "a certain thing"—that he would be disgraced by such statement, or words to that effect—he said on one occasion, I think on that, "I am sorry I did not take the 5l.," and moreover stated that he was determined to see the thing out, and unless Mr. Protheroe satisfied him, he would disgrace him—for that the steward next door (that was the Reform Club) had lost his situation through making an accusation against Mr. Protheroe, but his was on a stronger foundation, and he should certainly follow it up unless Mr. Protheroe satisfied him—I supposed he meant some emolument—I said I thought he was acting an unwise part, that at all times a servant was placed in a weak situation against a gentleman, let it be what it might—his answer was, he was so firmly satisfied, and could so firmly establish it, he would not refrain from it unless he was, as I understood, provided for—it amounted to that.
Prisoner. I deny saying anything about making any emolument. Witness I am quite certain he said it.
THOMAS PEREGRINE COURTENAY, ESQ . I am nephew of the Earl of Devon, and am a member of the committee of the Travellers' Club. I received this letter on the 5th of Sept.—it is dated the 7th—I was aware Mr. Protheroe was a member of the club, but was not acquainted with him myself—I sent the letter to Mr. Long, a friend of Mr. Protheroe's—about the 18th of Sept., at the request of Mr. Protheroe, I sent the prisoner a letter, appointing him to call—on the day appointed he arrived at the club, and was shown into the committee-room—I asked him his name, showed him this letter, and asked whether he wrote it—he said he bad—I then read it to him, and said, "You admit that that is the letter you wrote?"—he said it was.
The prisoner in an unconnected address persisted in charging Mr. Protheroe with certain acts of indelicacy and familiarity with him, declaring the truth of all his assertions.
GUILTY . Aged 24.— Transported for Twenty Years.
Before Mr. Justice Erle.
MESSRS. BODKIN and DOANE conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce an examined copy of the record of the conviction of Francis Brsooks at this Court in June 1846—I have examined it with the original—it is a true copy—(read)
JAMES PICKETT . I am a market gardener, and live at Egham. On the morning of the 22nd of Sept. I saw the prisoner in Covent-garden market—I had walnuts to sell—he bargained for half a bushel for 2s. 3d., and gave me a half-crown to pay for them—I bit it, and put my teeth into it—in doing that he caught it out of my hand, and two policemen seized him and took it from him.
Prisoner. You gave it back to me yourself. Witness. No; I am certain he caught it out of my hand.
RICHARD MOORE . I am beadle of the market. On the 22nd of Sept. I saw the prisoner there in company with another man who I knew—I watched them, and saw the person who was with him give him something, which seemed to be a crown piece—they walked round the south side of the market—I saw the prisoner rubbing the crown with his fingers—he went up to Pickett, and gave him the crown—I stood twenty yards off, and saw Pickett put it to his mouth, then sound it on the ground, and take it up again—the prisoner then snatched it out of his hand—I am certain of that—I immediately seized his right hand—he tried to throw it away, but after a severe struggle I took it from his hand—he could not throw it down, because I kept his hand closed—I was obliged to have Johnson's assistance to secure him.
Prisoner. I was not in the market more than half an hour. Witness. I had seen him there from half-past six to a quarter to eight o'clock.
FREDERICK JOHN JOHNSON (policeman.) I saw the prisoner in company with another man, and watched them for a short time—I came up when Moore called me, and saw the prisoner snatch the crown out of Pickett's hand—we succeeded at last in getting him to the station—he put his left hand into his left waistcoat pocket—I prevented his getting it quite in—I afterwards found a counterfeit shilling in that pocket.
Prisoner's Defence. I sold a pair of trowsers for 6s. to a man; he gave me the money.
GUILTY . Aged 24.— Confined Twelve Months.
Before Lord Chief Baron Pollock.
MESSRS. DOANE and PLATT conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to the Mint. I produce a copy of the record of the conviction of Ann Miller at this Court is Feb. 1846, and a copy of the record of Rachel Tustin at this Court in J une 1845—I have examined them with the originals—they are correct—(read)
JAMES HALLARD . I am in the service of Mrs. Slack, hairdresser, of Sloane-street. On the 2nd of Sept. the prisoner Miller came to the shop and asked for a quarter of a pound of soap—I said it was only sold in packets—she went to the door and talked to Tustin, and they both came into the shop together—I produced one packet of soap, which came to 1s.—Miller gave me 1s.—it
did not look good—Vince stood by me—I gave it to him, and he bit a piece from it, which satisfied me it was bad—they heard me tell him I thought it was bad, and when he bit it Tustin told Miller to give me a good sixpence which she had—she felt in her pocket, but did not produce any sixpence—at that moment the policeman came into the shop and took them in charge—the shilling was given to him.
Cross-examined by MR. PAYNE. Q. Will you swear you did not put the shilling into a bowl, and take one out afterwards? A. I did not—I rung the shilling on the counter and directly gave it into Vince's hand—Miller was there about a minute before Tustin came—I saw her beckon to somebody at the door previous to Tustin coming in—I saw no one else there—another woman was afterwards taken up and discharged—I had not seen Tustin till after Miller asked for the soap—I had never seen them before.
JAMES VINCE . I was present during this transaction—Miller came into the shop first, and asked for the soap; then left, beckoned to Tustin, and both came in together—I saw Miller pay a shilling for the soap—Hallard rung it on the counter, and directly gave it into my hand, and asked me if it was good—I said it was not—I bit a small piece from it—when I was going to bite it, Tustin said to Miller, "You have another sixpence in your pocket, why not pay that?"—Miller felt in her pocket, and said she had not—I gave the shilling to Palmer, the policeman.
Cross-examined. Q. They did not attempt to go away? A. No—the policeman was at the door—there was nobody else in the shop—I swear the shilling was not put into a bowl.
WILLIAM LANE . I am employed at the Swan public-house, Sloane-street. On the 21st of Sept. the prisoners came for a quartern of gin, which came to 4d.—Miller gave me a bad shilling—I gave it her back, telling her it was bad—they gave me a good shilling, and left—it was between three and four o'clock, just before I saw them in Palmer's custody.
JAMES PALMER (police-constable B 44.) In consequence of instructions I received, at half-past two o'clock I began to watch the prisoners in Sloane-street—I saw them go into a coffee-shop, then into the Swan, and to Slack's—they got there about a quarter to three—Miller went in first and Tustin afterwards—I kept my eye on the shop, went up to it afterwards, and the shopman beckoned to me to come in—I went in, found both prisoners, took them in charge, and received a counterfeit shilling—they were taken to the station, and put in a cell—I afterwards went into the cell, and found them both there—Tustin was sitting down, she rose up, and two shillings fell from her, which I took up, and produce—she had been searched by the female searcher.
Cross-examined. Q. What did you go to the cell for? A. To fetch the prisoners—I will swear it was not dark—there is only a grating—I took a light afterwards—the prisoners had been stripped by the female searcher—the shillings, apparently, dropped from her clothes—I cannot say where; I did not see them fall; I heard them fall as she rose—nobody had been in the cell after it was cleared out that morning—it had been occupied at night—the floor is of wood—I was just inside the cell door when the money fell.
Cross-examined. Q. Are there not a great many shillings of the reign of George the Third? A. There is an extensive circulation of money of that reign.
MILLER— GUILTY . Aged 18.
TUSTIN— GUILTY . Aged 30.
Confined Twelve Months.
Before Lord Chief Baron Pollock.
2017. ROBERT DAVIS and BENJAMIN JONES were indicted for forging a request for the delivery of 12 silk handkerchiefs, with intent to defraud William Leaf and others; and that they had been previously convicted of felony; to which
DAVIS pleaded GUILTY . Aged 54.— Transported for Seven Years.
JONES pleaded GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 16.— Confined Six Months.
2019. JOSEPH CHAMBERS was indicted for stealing 1 watch, 1 chain, and 1 ring, value 10l. 55., the goods of Daniel Barrow; and 1 handkerchief, value 2s., the goods of Emanuel Isaacs, his master; to which he pleaded
GUILTY . Aged 18.— Confined Twelve Months.
GUILTY . Aged 17.— Confined Six Months.
NEW COURT.—Wednesday, October 28th, 1846.
Sixth Jury, before Mr. Common Sergeant.
GUILTY . Aged 23.— Confined Four Months.
JOHN FERRIDAY . I live at H ox ton. At half-past twelve o'clock at night, on the 10th of Oct., I was going through Long-lane, Smithfield—I felt a sort of twitch at the skirts of my coat—I turned, and detected the prisoner just behind me—I put my hand to my coat pocket, and my handkerchief was gone—I said to the prisoner, "You have robbed me"—he said he had not, and slunk back—I was fearful I had lost my account-book, but I felt, and found it safe—during that time he ran away—I ran after him, and called, "Stop thief!"—he was overtaken by the officer in a turning out of Alders-gate-street—my handkerchief was produced afterwards by another person—this is it, and the one I lost.
Prisoner. Q. You did not see it in my hand, nor see me throw it down? A. No.
WILLIAM TOMKINS . I live in Greenhill's-rents. I was passing down Long-lane—I saw the prisoner and another following the prosecutor—I saw one of them hand something to the other—the prosecutor turned and spoke to one of them—the other dropped the handkerchief—I took it up, and gave it to an officer.
Prisoner. Q. You did not see me throw it away? A. I saw you throw something—I did not know what it was till I took it up.
Prisoner. I was running home; I ran through a, court, and this man stopped me.
SAMUEL SPINK (City police-constable, No. 119.) I produce a certificate of the prisoner's former conviction—(read—Convicted 11th Sept., 1843; confined seven days, and whipped)—the prisoner is the person.
GUILTY .* Aged 18.— Transported for Severn Years.
MR. WILDE conducted the Prosecution.
JOSEPH WRIGHT . I am a coachmaker, and superintendent of the carriage department of the London and Birmingham Railway—one of my factories is in Gough-street, St. Pancras. The prisoner has been in my employ sixteen years—he was foreman of the wheelwright department—when I purchased timber he had to examine it, and give it to the men to make up, and when the wheels were done he had to pass them for payment—when coaches came in from different places and inns, he had to examine the wheels, and see if they were fit to go out—if so, they were washed, and sent out; if not, they were taken off, and other wheels put on—the old ones were put by to be repaired or sold—if customers came for them they were referred to the prisoner, he having the charge of the stock of wheels—it was for him to put the value on these, and, having agreed with the parties, he was to take them to the counting-house, to pay the money before the wheels left the premises—he was never to sell off the premises—I never allowed any old wheels or old metals to be sold on credit—on the 25th of Sept., from information I had received, I questioned my workmen, and I had an interview with Stocker in the counting-house—from information he gave me, I sent for the prisoner—Stocker was in an inner part of the counting-house, behind a screen—he was not seen by the prisoner—I asked the prisoner about a set of blue wheels—he said he did not recollect where these blue wheels went—he denied any knowledge of them—I then turned to Stocker, and said, "You took the wheels, did not you?"—then the prisoner said he did recollect they went to Hood's—I asked what he had done with the money—he was confused, and said he had not paid it in—he at first said, when Mr. Hood had any wheels he paid the money into the counting-house, but for these particular wheels he had not paid it in.
Cross-examined by MR. CLARKSON. Q. Was there no instance of secondhand wheels being sold without the money being paid for them before they left the premises? A. Not with my sanction—I do not know that it has often taken place—I have forbidden it—I did not on a former occasion say if the prisoner brought the money to me I never should have prosecuted him—. If he had brought the parties who purchased them, and paid over the money, it would have been all right—he had a perfect right to see what wheels were fit to be worked, and to sell those that were not—I never knew that Hood had bought wheels of me—I am not aware that Hood's name is in my books—I have not looked to see—I keep people to look to my books—I know these wheels were sent by one of my men, in the middle of the day, to Hood's—my business is very large—I have known instances in which money has been Paid at the counting-house about which I have inquired of the prisoner.
Q. Did you not charge him with receiving 8l. for twenty wheels, and then find the account had been paid, and that it did not appear on your books?, A. No, that was a subject of 3l.—I did not charge him with having taken it—I
do not remember whether the book was searched to see if we could find the money for these wheels—Stocker was concealed behind a curtain by my suggestion—he was the man who carried these wheels to Hood's—the prisoner did not recollect who the wheels went to, but he recollected they were gone, and when Stocker was brought out he said, "I recollect I did send them to Hood"—I sent Mr. Collison down to Maidstone about the 3l.
MR. WILDE. Q. You are aware that the prisoner sent out one of yoir own men in the day-time with these four wheels? A. Yes, it was part of his business to send out men with wheels, for my various coaches at different establishments—if the men were sent out in open day it created no suspicion—formerly I had a great number of coaches came in at different offices in London—wheels were taken out in my own service—my sons manage my business—I do not know the present Mr. Hood—I never saw him before—his father I have sold many a wheel to—if wheels have been sold on credit, it has been entirely against my rules.
THOMAS STOCKER . I am servant to Mr. Wright, and have been for twelve years—the prisoner was foreman of the wheelwright department—I rememer in July taking a set of blue wheels to Hood's—they came off the Dorking coach—the prisoner gave directions to me to take them—it was part of my duty to obey his orders.
Cross-examined. Q. You have taken wheels out in the day-time, and the prisoner gave you the order in the presence of the other servants? A. Yes—I was present when there was an examination about some wheels, and I heard Maidstone mentioned—I recollect they said, "Get down the books," and they were examined—Mr. Collison was sent to Maidstone.
MR. WILDE. Q. You often took out wheels, but never received money yourself? A. No—what the prisoner said was, that when money was paid it was paid into the counting-house—I knew nothing about the payment—the prisoner had to settle it all.
ARTHUR HOOD . I am a wheelwright, and live in Curtain-road, Shoreditch. I carry on business as a coach-broker—I have dealt with the prisoner—I remember in July buying four blue wheels of him—they were sent to me between the 3rd and the 10th of July—I paid him 25s. for them on the 10th of July, in the open street, in Golden-lane—he lived in Roberts-place—I went up to his house, and then I waited at the corner for him till he came down—I was in the habit of paying him at his own premises—I was aware they were Mr. Wright's goods—I went to the prisoner's house on the Friday night to pay the money, to enable him to pay the money in the counting-house on Saturday morning—both I and my father had dealt a good deal with Mr. Wright—I did not know it was not the practice of Mr. Wright to have the money paid off his premises—I have paid on his premises when I have fetched the goods away, but these were sent to me—I have seen Stocker taking wheels about—these wheels were sent to me, and it was an agreement with me and the prisoner that when there were two sets of wheels complete I was to go to his house and pay for them.
Cross-examined. Q. That he might pay the money irl at the counting-house the next day? A. Yes—everybody knew that I was in the habit of going to Mr. Wright's—I have fetched wheels and paid for them at the counting-house—I paid a fair marketable price for these wheels and 5s. more.
MR. WILDE. Q. Did you offer these wheels for sale? A. Yes—I asked 30s. for the two hind-wheels, and I gave 25s. for the four wheels—we do not get the price we ask for things, but we get as much as we can—we sometimes keep them a lung while—I did not sell these within a month.
years—the prisoner was superintendent of the wheelwright department—the parties requiring old wheels came to the premises and saw the prisoner, who was the foreman—they dealt with him, and paid him the money generally in the yard—it was his duty to bring the money into the counting-house to me, and it was my duty to enter it in the cash-book—I recollect an inquiry about four blue wheels off the Dorking coach, on the 25th of Sept.—the prisoner stated he sent away the wheels and received the money, and he had not brought the money into the counting-house, as be ought to have done—the book was produced to see what sums for wheels had been received for some time back—the prisoner said he had sold the wheels, and I understood him to say Mr. Hood had received them, and that he had received the money, and not accounted for it.
Cross-examined. Q. Were not the words he used, "Yes, I do recollect it; I received the money, but have not paid it in?" A. Yes—I do not recollect his saying he had paid all the money in, but for these blue wheels, whenever he received it—there was an inquiry about Mr. Morell having some wheels which came to 3l.—they were not entered in the book—I believe Mr. Collison went to Maidstone about it—the man himself stated he paid the money in the counting-house, and yet it never appeared in the book—I have never received money and forgotten to put it down—I have not known instances in which it has been done in my own person—it will occur in the course of business—it has never been the practice to sell old wheels to persons who do not pay for them—the man who buys them pays the man in the yard, who should pay it in the counting-house.
MR. CLARKSON called
THOMAS BROWNING . I keep the Duke of Bridgewater, in Macclesfield-street—I was formerly clerk to Mr. Wright—it was not the practice of persons in the prisoner's situation to dispose of old wheels on credit, without bringing the persons to the counting-house—wheels have been disposed of and paid for afterwards, not by authority of Mr. Wright, but it has been done to my knowledge, not frequently—the prisoner was under me—I was there six of seven years.
MR. WILDE. Q. This has been done when the parties have been brought to the counting-house? A. Yes—they were brought to the counting-house, and I knowing them have said, "You can pay for them in a few days' time"—I entered it in pencil, and when it was paid I entered it in the book—I know it was Mr. Wright's wish that all old wheels should be sold for cash.
MR. CLARKSON. Q. The prisoner has sold wheels and brought the money. to you afterwards? A. Yes, hundreds of times—I recollect on one occasion was not in the way, and he brought me the money two or three days afterwards—when I have been there he has brought me the money.
GUILTY.—Aged 49.—Recommended to mercy by the Jury. Confined Six Months.
2024. JOHN HUDSON and JOHN ATTWELL were indicted for stealing 1 Bible, value 15l.; and 1 Prayer-book, 10l.; the goods of Harris Ann Dallaway; and 15 engravings, 6l., the goods of Robert Harding Evans and Charles Evans.—2nd COUNT, stating them to be the goods of Thomas Rodd and Edward Edwards.—3rd COUNT, stating them to be the goods of James Johnstone.
MR. CLARKSON conducted the Prosecution.
THOMAS RODD . I am a bookseller. I am trade assignee of the estate and effects of Messrs. Robert Harding Evans and Charles Evans, who were bankrupts—I do not know when the docket was struck—Mr. Edward Edwards wase joint assignee with me—I was present at Messrs. Evans' on the 17th of June,
when the sale was going on—I saw the Bible and Prayer-book which are the subject of this inquiry there—they were not for sale, but were on a shelf, in a little room—on the 8th of Aug. I received from the appraiser of the Court of Bankruptcy an inventory, which named this Bible and Prayer-book and those engravings—on Monday, the 21st of Sept., Mr. John Bryant called, and gave me information—he sent Mr. Mason to me, who brought me this Bible and Prayer-book, which I had seen at Messrs. Evans'—they are positively the same—I had not seen them after the bankruptcy, but they were the same that were inventoried to me—in consequence of information I received from Mr. Mason as to the means by which he became possessed of them, I went the next morning, about ten o'clock, opposite to Mr. Mason's premises—Mr. Bryant was with me—after waiting about an hour opposite Mr. Mason's shop I saw the prisoner Hudson enter it—he came out almost immediately—I knew him to have been in the employ of Messrs. Evans—I rather think he was their servant—I followed him about 100 yards in Carlile-street, to the corner of Frith-street, when I overtook him—I seized him by the arm, and said, "If you do not immediately give up the things you have got with you, I will give you in charge of the police"—he said, "O, Mr. Rodd, how do you do?"—I said, "You have got stolen property about you—books and prints belonging to Messrs. Evans; if you do not give them up I will give you in charge"—he said it was the first offence, and he had got a wife and family, and kept urging me for mercy—he said he had been a faithful servant many years—when I first charged him I said, "Give up those things in your possession"—he said, "What things?"—I said, "The books and prints"—he never denied that he had them—on the road to my house, to which I first took him, he kept asking for mercy and forgiveness—I said it was not in my power—he then used words, the purport of it was that he was not the only guilty person, that there was another person as bad as he—Mr. Bryant asked him who, and he said Attwell—he said Attwell was to be found at Leicester-place—we went on to my house in Newport-street—Mr. Charles Evans had appointed to meet me, but we did not find him—I gave Hudson to the officer and we went to Leicester-place—Attwell was not there, but in half a minute we saw him come down Lisle-street—the officer told him he had a charge against him—he said, "What for?"—the officer said for stealing books, and he must accompany him—he then begged to put a parcel in the house, and we went on—in going to the station I was a little in advance—Attwell stepped up to me, and asked if it could not be settled by his paying for the goods—I said it was impossible—we went to the station, and from there to the Magistrates—Mr. Hardwick investigated the matter—in the course of the inquiry Hudson produced this paper, but it has been very much torn since—(read—"Mr. Charles Reason, broker, White Horse-yard, Drury-lane")—Hudson said, Attwell gave him this paper—I believe at the time Attwell said that paper was his writing—he denied any participation in this transaction—this is the Bible and Prayer-book—they are very old—the date is 1508—I would be glad to give 25l. for them—I rather think the officer took these books from Hudson—I have constantly works submitted to me for my opinion.
Cross-examined by MR. PAYNE. Q. Had not Hudson a parcel in to hand? A. He had these two books tied in a handkerchief in his hand—the engravings were buttoned under his coat—I do not know how long he was in Messrs. Evans's service—my impression is he was their servant, not put in by the bankruptcy—these books and prints appear in the inventory that was handed me after the bankruptcy—they were in custody of the man in possession.
Cross-examined by MR. BALLANTINE. Q. In point of fact, Hudson had been porter to Messrs. Evans previously? A. Yes he had, and Attwell was
put in by the Court of Banktuptey—I think they must have left possession of these premises altogether about six weeks before this discovery—on the day Hudson was found in possession of these things Attwell had no proper access to the property—he had given it up—he had been six weeks out of possession—these books become valuable from their date, on account of the controversy now going on—there were a good many books in Messrs. Evans' stock of an ordinary kind—it would have been easier to part with them, according to their value than to part with these—these are printed in old English—Attwell denied before the Magistrate all participation in the transaction—when the Magistrate put it to him whether this paper was his writing he at once avowed it was his—he denied all connection with Hudson.
ABRAHAM JOHN THORN . I am clerk to Mr. Fuller; he is a valuer of bankrupts' effects. I made this inventory (looking at it) in July—this Bible and Prayer-book are in it—they were then on Messrs. Evans' premises in Bond-street—Attwell was in possession—Hudson was there at the time.
JOHN BRYANT . I am a bookseller, and live in Camden-town. On the 29th of July I was in possession at Messrs: Evans', No. 106, New Bond-street—the keys were delivered to Mr. Wilkins—I received them from him—Attwell was on the premises, in charge of the property till I came—it was then delivered to me for the purpose of having a catalogue prepared—this Bible and Prayer-book were not on the premises while I was there—I did not check them—I was there seventeen days—they were not there then—Hudson was retained there to attend on me to bring the books—he remained the whole time I was there—Attwell called there once—on the 21st of Sept Mr. Mason gave me information about a Bible and Prayer-book being offered him for sale—I went and saw the books, and made a communication to Mr. Rodd—I went the next day with Mr. Rodd, and watched opposite Mr. Mason's premises.
Cross-examined by MR. BALLANTINE. Q. You succeeded Attwell? A. I did—I was under the auctioners—I took up the position Attwell held before—I had no inventory given to me—I was employed by Mr. Wilkins to make a catalogue of the property—I do not know who was in charge of the property in the house—I had the keys, and the property was delivered over to me to make a catalogue—I was not responsible for the property—of course I had more charge of the property than Hudson had—I never saw the Bible and Prayer-book till I saw them at Mr. Mason's—there had been an inventory taken—I never had it delivered to me—I had nothing to do with that I accidentally met Mr. Mason in Lisle-street, and he told me he was going to make some inquiry about these books, and on seeing them I said, "You had better not purchase them"—he did not mention this because he knew I had been in possession, but because I am a bookseller and a purchaser of these books—I do not keep a shop—I go about to sales—I did not see Mrs. Mason till I went about the books—I did not say to her that her husband had better buy them.
MR. CLARKSON. Q. You were in the employ of Mr. Wilkins? A. Yes—it was my duty to go to make a catalogue—I had no charge of the books—there was not this Bible and Prayer-book, and therefore I could not make an inventory of them.
HORATIO RODD . I am a print-seller and picture-dealer—I live in Little Newport-street. Early in August last I went to Messrs. Evans' premises to make inquiry respecting some packing-cases—whilst there I saw a portfolio of engravings—Hudson was there—I did not see them in his hands—they were on a temporary bench or table—Attwell stood by me on the left hand, and Hudson on the right—I told them they were valuable prints, to
take great care of them, for if they were ruffled in the edges their value would be deteriorated—I did not see those engravings again till I saw them in possession of Mr. Mason—these produced are some of them—three or four of these I can identify as being very like the prints I saw—they appear to be the same, and one of them is torn across from the print I bought.
MR. GRAY. I am a solicitor. I am connected with the family of Mrs. Harris Ann Dallaway. This Bible and Prayer-book are hers.
ROSE MASON . I am the wife of George Mason, a bookseller, in Carlile-street. On the 14th of Sept., about four o'clock in the afternoon, Attwell came to the shop—he inquired for my husband—I said he was not at home—he said he would call in the evening—I said he would probably not be in the way, he had better call in the morning—he said he could not call then, it must stand over for a day or two—he said he had been recommended by a person named Reason, to Mr. Mason, to transact some business, and it would be to my husband's advantage—he went away, and two or three days after-wards Hudson came—my husband was not at home—he said he came from a gentleman who had been to me on the Monday afternoon, recommended by Mr. Reason, and he had two books and some prints to dispose of—he did not bring them then, but said he would bring them in the evening—he came again next morning or the morning after, and said he could not see the gentleman, and apologised for not bringing the books—Hudson brought them a few days afterwards, and saw my husband—on the 22nd of Sept. the property was given back to Hudson when he came for it.
Cross-examined by MR. BALLANTINE. Q. Do you know Reason? A. Yes—for some years—he is a tradesman in the same way of business, but no particular friend—I never asked him the value of the books.
Cross-examined by MR. PAYNE. Q. Was the parcel Hudson brought left at your place? A. Yes—I afterwards saw it opened by my husband--when Hudson came I gave him back the parcel, and told him my husband declined to purchase them.
GEORGE MASON . I remember Hudson bringing these two books and prints for sale—he said he brought them from another party, who my wife told me had called before—he wished for three guineas for them—I said if he would leave them till the next day I would give him an answer—the price induced me to suspect they were not properly come by, and I told Mr. Bryant—he came and arranged a day when they were to come, and I would return the books—Hudson came on the 29th, but I was not at home.
Cross-examined by MR. PAYNE. Q. Do you know Reason? A. I have known him some years—I attend sales—he was very likely to recommend persons to me.
(Hudson received a good character.)
HUDSON— GUILTY . Aged 46.— Confined One Year.
ATTWELL— NOT GUILTY .
GUILTY . Aged 18.— Confined Eighteen Months.
GUILTY . Aged 30.— Confined Four Months.
GUILTY .— Confined Three Months.
WILLIAM WELLS . I am foreman to Mr. William Bailey and another; the prisoner had been in their employ about six years. On a Wednesday in Sept. I missed some shot—I told the prisoner, and the other men who were at work, of it—the prisoner said he knew nothing about it—I told him I missed some musket-ball shot—on the Friday afterwards I went to Mr. White, a gun-maker, at No. 3, Worcester-street, Gravel-lane, and saw a bag of musketballs on his table—I examined it—I am quite sure it is my master's—this is it.
Prisoner. Q. Did you ever know me to rob you of a penny? A. I never did—I never recollect accusing you and another man of taking money which I had in my own pocket.
GEORGE POTTER . I am a marine-store dealer, and live in High-street, Wapping. About the 10th of Oct. the prisoner came and said, "Do you buy old lead?"—I said yes, we did—he said, "What do you give for it?"—I said, "A penny a pound"—he said, "I have some leaden bullets a nephew of mine took to the East Indies, and brought them back; I want to sell them"—I said I would buy them—he went out, returned in ten minutes, and brought 30lbs. of bullets—he gave me the name of John Stevens, 29, Charles-street, Wapping—this is what he sold me—they are musket-bullets.
GUILTY . Aged 52.— Confined Four Months.
GEORGE HARE . I am a labourer, and live at Beaconsfield On the 20th of Sept. I slept at Uxbridge with the prisoner—he went away in the morning, and I missed my shoes, handkerchief, and money—these are my shoes.
Prisoner's Defence. I bought the shoes.
GUILTY . Aged 19.— Confined Three Months.
OLD COURT.—Thursday, October 29th, 1846.
JANE FORREST . I am the wife of John Forrest, watch-maker, living in Wilmington-square: the prisoner was in my service about seven months. On Sunday, the 20th of Sept., between twelve and one o'clock, I gave my husband a box from my pocket—it was not locked—on his examining it, he found it contained six good sovereigns, and a coin very much like a sovereign—it was a sort of medal—there ought to have been seven sovereigns in the box—on the Saturday morning, between eight and nine o'clock, I had left my
pocket, with the box in it, on the sofa, in the kitchen, for not more than ten minutes—there was then seven good sovereigns in it—I did not examine the box when I took up my pocket—when we missed the sovereign my husband spoke to the prisoner—she said she knew nothing about the box or pocket—we proposed to examine her box, which she consented to readily; but I did not examine it, having done so before, and found nothing—my husband told her a sovereign had been taken out of the box, and a coin put in, and asked her if she knew anything about it—she denied it altogether—she was asked if she had a pocket on, and she said twice that she had not—I felt, and she had one, but nothing in it—my husband noticed a projection under her right breast—she said it was the shoulder-strap of her stays which was broken-ny husband left the room—I then examined her, and took a purse from that place with a good sovereign in it—she took the purse out herself—I took it from her hand by force, and said, "Sarah, then you really are guilty"—I called my husband—he asked her how she came to take it—she said she took it on Saturday morning, and put the coin in—he asked where she got the coin from—she said her brother gave it to her in the country—next morning I found she had left the house in the night, and taken her boxa away.
JOHN FORREST . My wife gave me the box on Sunday morning—there were six good sovereigns and a coin in it—the prisoner denied knowing anything about it—I observed a little projection under her breast—she said it was her stays—I left the room—my wife called me in, and gave me the sovereign and the purse—she bore a very good character.
----(policeman.) I apprehended the prisoner—she met a female when she was in my custody, who said to her, "I hope you did not do it, Sarah"—she said, "I did, but meant to replace it."
Prisoner. I hope you will be merciful to me.
GUILTY. Aged 17.—Recommended to mercy. Confined Three Month.
Before Lord Chief Baron Pollock.
MR. SERGEANT SHEE and MR. HUDDLESTONE conducted the Prosecution.
WILLIAM YEOMAN (police-sergeant.) I am stationed at Plaistow—on Tuesday, the 15th of Dec, I was on duty there—there was a running match on the Barking road between two men named Breman and Hall—they were below the Abbey Arms on the Mile-end-road—I saw several phaetons running after them—I saw a phaeton, or britzka, drawn by two white horses, in front of a cart with a grey horse—a person named Levett was in the cart—I knewhim—it, was the person whose body was afterwards seen—I saw the men in the briteka strike him with a whip—I saw the blow returned—there was an attempt by the persons in the britzka to prevent the man in the cart from passing—he wanted to pass them on the right side, and as often as he did that they ran him on the foot-path—they had passed me, and got out of sight, still stroggling all the time as far as I could see, the man in the cart trying to pass, and the other keeping him back—I went for assistance, and did not see the remaining part of it.
Cross-examined by MR. CLARKSON. Q. Were there a good many persons there? A. Yes, it was known by those connected with it that there was to be a race in the neighbourhood, but not in the village—the race was a mile in distance, from the 4 1/2 to the 3 1/2 mile-stone—it was contemplated that it woald be finished in less than five minutes—I do not know whether it is necessary to cover the men so that there shall be no pressure on them, as it is almost the first
foot-race I have seen on a public road—there was no crowd, and only three or four vehicles, they could not get before them—this was one of the vehicles—I did not see it endeavour to pass the running men—they were running at that moment—there had been some altercation before—they were all going one road—I should say the men appeared to be endeavouring to prevent any persons, and the person in the cart from obstructing the race; to be keeping the deceased and his cart back so as not to interfere with the race—I did not see which person struck first, they had begun before I came to them—they continued to strike each other with their whips from the first time I saw them till they got out of my sight—the road is not very straight—I could not see above a quarter of a mile—there were eight or nine persons in the phaeton; I should say the deased's whip would strike several of them.
MR. SERGEANT SHKE. Q. What is the breadth of the road there? A. Perhaps twenty yards.
FRANCIS JOHN TRAVWICKS . I am a fishmonger. On the evening of the 15th of Sept. I was on the Barking road, and saw several persons collected there to see a foot-race between two men named Hall and Breman—I saw the prisoners there in a four-wheeled carriage with two horses—I did not see the men start—I got up behind the carriage, and saw the deceased come driving up just after we had passed the four-mile-stone—when he was driving up I heard somebody in the body of the chaise say, "Here he comes"—I turned round and saw Mr. Levett driving up—he put his thumb to his nose in this manner, and then Mr. Hey wood struck him with the whip, and he struck back again several blows—when they got near the New Inn Mr. Levett's horse took a start, and Hey wood followed and caught him—I do not-know whether the men ceased to run at the 3 1/2 mile-stone—I saw Mr. Levett with bis cart go beyond the place where the race bad stopped—when I saw Heywood begin to follow Mr. Levett in the phaeton he was from ten to twenty yards from him—it was beyond the 3 1/2 mile-stone, towards London—they followed as fast as they could go, when I saw him come up to Levett and Heywood and strike him again—Levett struck back again—they struck several blows, till Levett dropped his whip and pulled up the rein—Mr. Heywood pulled up too—he had then gone half the carriage length before him—Heywood then turned round on the box and said, "Get out and kill the b—r, I will pay the damage"—Boddy then got out and no one else that I saw—he tried to get into the cart by putting his foot on the wheel and his knee on the shaft, and while in that position Mr. Levett struck him—he pressed himself into the cart, pressed Mr. Levett backwards, and he fell with his head on the back of the cart, and while in that position Boddy took hold of the hair at the back of his head, and struck him several times about the head and body—Levett's feet were in front of the cart—there was a board across the middle of the cart—he was not in a position to make resistance—he was lying right on his back—there were a good many blows given—they were as hard as the position would allow—they were with his fist—Levett moved himself about till he got Boddy on the heel of the cart, and while there Heywood got off the box, ran round to the tail of the cart, and struck Levett with his fist on the head—he only struck him once that I saw—Levett's head was then hanging on the back of the cart—I saw Branch pick up Levett's whip, and strike him about the body with the thong, but not very severely—they then preceded him in the barouche—I got up behind, and we all went back to the Abbey Arms—as they passed the cart they jeered Mr. Levett—he was very much cut, and there was blood from several places.
Cross-examined by MR. BODKIN. Q. Had the men run about half a mile of
the race when your attention was directed to this dispute? A. It was in the latter part of the mile; the race was over—I had no opportunity of seeing the beginning of it—Boddy had no weapon in his hand at the time he had hit foot on the wheel and his knee on the shaft; he had no opportunity of defending himself when he was struck by Mr. Levett—he was obliged to bold on by the cart and while doing so Levett struck him with his fist in the face no harder than to make resistance to keep him out of the cart—a struggle then took place between him and Levett—they both fell into the cart—Levett sat on the seat behind, and his head hung out at the back of the cart—he was under most—Hey wood came to the tail of the cart and struck Levett, I should say at hard as he could—when he struck that blow I perceived that Boddy was in danger of being thrown over from the cart into the road—I do not know that Heywood interfered to prevent that in particular—I should say it was to revenge himself—Levett had got Boddy on the heel of the cart, and was in danger of going over—if Heywood had not got round the tail of the cart and struck him be would have been thrown out—directly Heywood struck him he jumped out—Heywood did not attempt to strike any other blow after Boddy was released—if Heywood had not interfered he would certainly have been thrown out—I should say the blow Heywood struck was not a very soft one, but cannot tell exactly in what measure it was struck—I spoke about this blow before the Coroner—I did say then that it was not a very violent blow, but Mr. Baker, the Coroner, so confused me that I hardly knew what I was saying—he would not let me go on with my evidence.
MR. SERGEANT SHEE. Q. Was it a blow with the clenched fist? A. Yes.
JOHN PIGRONE . I live at Plaistow. On the 15th of Sept. I was on the Barking road, and saw Mr. Levett in a cart there, coming towards me towards London—the race was then over—while he was so coming I saws britzka following him with some person in it—it had four wheels, and was drawn by two horses—it overtook Levett's chaise, and had not passed him—the driver of the chaise struck at Levett with his whip—Levett parried the blow, dropped his whip, and drew up to recover it—as he drew up the other passed a little in advance of him, and drew up too—several of them got out—one of them got into Levett's cart, and scuffled with him as he was on the stepping iron, and he succeeded in getting in, and pushed Levett backwards over the seat with his head over the tail-board, held him in that position, and struck him while he was so with his fist, and then two of the others went to I the back of the cart, where his head was hanging, and struck him—there were several round the cart—as the driver of the chaise was going from his own chaise, as he was passing Levett's cart, he called out twice, "Kill the b—"—I did not know either of them by name—they were all strangers to me—I know them again—I remember seeing Heywood there—after they left Levett they got into their own chaise, and he sat up on the seat of his cart, and was wiping the blood from his face and front of his breast, and they turned their horses round to the part they came from, and in pasting him struck at him again with the whip—he had several friends round him I was going in an opposite direction, and did not see what became of him after that.
JOHN SOPER . I am a fellowship porter, and know the prisoner Hey wood, He is a fishmonger—I know Branch—he is what they term a bobber in the I market—he carries fish after it is sold—I do not know Boddy—I did not see I the assault, but came up as Branch was getting into the carriage—I saw toe I condition in which Levett was, went up to him, and he said, "Do you call this I fair play?"—he put his hand up and wiped his hair back—there was a gash I think as thick as the tip of my finger, and he was all over blood—I said he
had better go to a doctor's shop—I went with him to a neighbouring beer-shop—I went into the yard to wash—I held his arms, and called for a pot of hot water—he washed his face, and I saw the wounds that had been inflicted—he was nearly blind with one eye—I rode with him in the cart to Mr. Baker's, the nearest surgeon—I suppose we were a quarter of an hour going there—I did not see Mr. Baker—I stopped outside.
Cross-examined by MR. BALLANTINE. Q. You had known Levett before? A. No—I did not know what he was—I knew the two persons who were racing—they were in the fish-cart—I only know two of the prisoners—they were in the fish-cart—likewise the deceased drove his cart himself.
WILLIAM COULSON . I am a fellow of the Royal College of Surgeons, and am also surgeon at the Magdalen Hospital—I attended Mr. Levett after the accident, until his decease—he died on the Sunday night, or very early on Mon-day morning, after the accident—at the time I first saw him his face was very much swollen, particularly the right-side, it was black—there were two wounds on the right-side of the face, one on the upper eyebrow, and the other just below the right lower lid—there were no wounds on the left side—the wounds had been dressed on the preceding evening—I therefore did not disturb the dressing—he appeared extremely agitated, and there was great tremulousness and weakness—he appeared very weak—I prescribed what I thought necessary, and desired to see him next day, when I took off the dressings from the wounds, and found that they were going on very well, both had nearly healed—this was on the Thursday—I continued to attend him till the Monday, when he died—the swelling of the face had considerably subsided on the Thursday, but the constitutional symptoms had increased—there was great tremulousness—I visited him next day, Friday, at his own house—he was then incoherent, and beginning to ramble—if I were to give a name to the disorder I should call it delirium tremens—he was brought to me in a cab on the next day Saturday, not at my request, but I believe he would come, they could not keep him at home—I found him quite as bad as I had found him on the preceding day—on the Sunday I visited him at his own house again, and a few hours after that he died—in my opinion he died of exhaustion, of delirium tremens, which I attribute to the shock that the system had received from the in-juries on the side of the face, at the time of the affray—I made a careful post mortem examination on the Thursday following his death—there was no fracture of the skull, or of the bones of the face, or of any bone whatever, and no rupture of any vessel in that part—the brain itself was not at all affected—the right lung was congested, and there were very numerous and old adhesions between the right lung and the right-side of the chest—I think they were in no way connected with the death, and would not at all account for it—the left Jung was also congested, but there were no adhesions—the heart was large and flabby—the liver and kidneys were not those of a sound person.
Q. Did you find any injuries that would cause death except those arising from the delirium tremens? A. There was nothing from the post mortem examination to account for death—my opinion as to the cause of death was the same after the post mortem examination as it was before, that it was caused by the shock to the nervous system—the delirium tremens followed the blows—I was certainly surprised to see so serious a result from such injuries.
COURT. Q. Did you trace any medical connexion between those blows and the delirium tremens? A. I consider the blows to be the exciting cause of the delirium tremens—I have known delirium tremens result from a very slight blow, but the blows are usually severe which produce it.
Cross-examined by MR. CLARKSON. Q. Did you find, on examining the body, that he was what is termed in the profession a very bad subject? A.
I could not say that particularly—the body was in a state of decomposition—I did not find any appearances that would have led me to suppose that death in a healthy man would have followed from the blows—I consider that delirium tremens was the cause of the shock received by the system from the affray in which he had been engaged—as he did receive blows, of course I did not look for any other cause, but I should say great excitement at the time would very materially aggravate, and of course cause a greater chance of delirium tremens coming on—I think excitement would produce delirium tremens in a bad subject without any blows whatever—there are such cases on record—the scull of the deceased was the thinnest I ever saw, and if there had been any very aggravated violence I should have expected to find a fracture of something—the blows were about the face—they could not have been about the scull—they were not serious injuries at all, and they gradually got better—I saw no cut on the left side such as I have heard described by one of the witnesses—I cannot positively say whether the inflammation I observed, the slight flush in the membranes of the brain, was new or old, but should infer that it had come on with the commencement of the delirium tremens—that is a usual appearance in delirium tremens—excite-ment and passion in a bad subject will produce delirium tremens, and the two together might have had their separate influence—I think either might have produced it, the excitement and passion without the blow, or the blow without the excitement and passion—there were three gentlemen besides myself at the examination—I cannot undertake to say that death would have arisen if there had been no blow—the blows were the material if not the sole exciting cause of the delirium tremens, but had there not been considerable disorder or diseased state of the system I do not think the result would have been so serious—I consider the blows to be the main exciting cause, to be one of the exciting causes, if there was great excitement.
COURT. Q. We understand you to state, that in speaking of the blows as the cause of delirium tremens, you do not ascribe that so much to their physical effect as to their moral effect, to a sense of indignation and wrong more than to the mere blows themselves? A. Precisely so—I am not in the slightest uncertainty as to delirium tremens causing the death, nor as to the cause which provoked the delirium tremens, because there were blows, and delirium tremens followed them—if there had been no blows, with very great excitement, delirium tremens might have followed—I cannot undertake to say, if there was very great excitement, that that might not have produced all the consequences—it is possible.
MR. SERGEANT SHEE. Q. You say great excitement might have produced it; I presume violent excitement might be occasioned by violent blows? A. It might—both together might be sufficient to account for what I saw—I should say that it was the moral effect produced by the blows which occasioned the state of system that caused death, because every day the injuries themselves got better—the mere physical injuries got better rapidly.
THOMAS EDWARD BOWKET . On the 15th of Sept. the deceased was brought to my house—there were injuries from blows apparently over each eye-brow, the one on the right side more severe than that on the left, such an injury as might be inflicted by a blunt instrument, or the fist—that on the left side was so slight that he himself declined to have any application made to it—the other extended about two inches, being deeper in the centre—it was the natural depth of the scull—there was not much swelling—he was not bleeding much when he came to me—I did not see him again till after his death—when I first saw him I had not an idea that serious results would accrue—I examined the body with Mr. Coulson—I have heard his evidence, and agree generally with the opinions he has given.
MR. CHILD. I conducted this post mortem examination, but I had previously visited the deceased in conjunction with Mr. Coulson—I first saw him on Sunday, the 20th—he died on the Monday morning, about two o'clock, I believe—when I first saw him he appeared to be labouring under great excitement, and that disease called delirium tremens—he was rambling and incoherent, but perfectly conscious of all around—he did not ramble on any particular subject—he fancied different persons were in the room—I did not hear him make any observations about what they were doing—I have not known delirium tremens occasioned by blows in this country—in my opinion, severe blows occasioning great excitement at the time in a man of weak body would not produce delirium tremens without some condition of the wounds themselves—that would be papable externally, as to what would be the cause of death—I have met with such instances in the course of my reading, but not in this country—I think I have met with such instances in very hot climates—I have been ten years in practice—I slightly differ with Mr. Coulson as to the symptoms—I think I never saw a body in such a state of decomposition—the examination was made on the Thursday, four days after death—I opened the head—the dura mater, the membrane covering the internal part of the scull, was of a pinkish cast, but certainly not inflamed, arising from blood stains, the result of appearances which you frequently meet with after death—there was no indication of the cause of death in the brain itself—it was excessively soft, so much so that it fell to pieces on my removing it from the head—the heart was, as Mr. Coulson states, enlarged and flabby, and a quantity of fat was deposited round it, but the liver was diseased.
COURT. Q. What was the disease? A. Bordering on that condition termed nutmeg, the usual appearances presented by the livers of those who have drunk freely—the kidneys were also fibrous—the envelope of the kidney was softened, and easily torn eff from the kidney—those were the general appearances.
Cross-examined by MR. BODKIN. Q. Do you agree with Mr. Couison, that delirium tremens was the immediate cause of death? A. It was—I saw him during life—I was called in to assist Mr. Coulson in the post mortem examination by his desire—I think a great distinction should be drawn in cases where you have delirium tremens arising from wounds—I should expect to meet with a great degeneration of the ecchymosis, of the swelling externally—it would be pulpy—there would be palpable evidence of the mischief going on inside the brain—where delirium tremens is the result of the wounds, the wounds themselves would indicate that things are not going on right within the scull—if the wounds had healed rapidly I should not have expected that they were the cause of delirium tremens—I have seen a great many cases of delirium tremens—in this country the general exciting cause is drink—if a person who is not an habitual drunkard, but who is constantly sipping and taking large quantities of porter, was engaged in a quarrel, or in a passion, it would be likely to bring it on; but delirium tremens is sometimes caused without drinking; if a man had a predisposition to it excitement would be very likely to produce it—the passions of the mind would produce it, totally irrespective of any violence—the state of the liver indicated that, in some degree, the deceased must have drank—the existence of delirium tremens in this case is consistent with the fact of its having been induced by the excitement of the conflict, irrespective of any blow at all—it is my opinion that if the blow had been at all an exciting cause of delirium tremens it would have presented a different external appearance—if the blows had been the cause as blows.
MR. SERGEANT SHEE. Q. You say you are of opinion that delirium tremens might be occasioned by excitement alone; are you not also of opinion that it might be occasioned by excitement and blows together? A. I should
expect to meet that peculiar character of the wounds or bruises that I have described if delirium tremens had' been induced by blows—I should say the excitement which must necessarily have attended the race was quite sufficient of itself abstractedly to produce delirium tremens.
Q. Is it your opinion that violent blows on a man's face while he laid on his back and his head on the tail-board of the cart, would produce such excitement as would occasion delirium tremens?. A. I should expect to meet with, in this case, some concussion of the brain—mental excitement will pro-duce delirium tremens—a blow on a man's bead might throw him into a passion, and cause excitement—I think it would throw me into a passion—it is my opinion that there were no indications of inflammation of the brain or membranes of the brain—I stated so at the time of the post mortem examination—I thought there was no inflammation at all—I did not perceive it—where you have inflammation of the arachnoid membrane, covering the dura mater, the deposit would be between that and another membrane, called the pia-mater, and not between the opposing surfaces of the arachnoid—there wai no appearance of that at all.
RICHARD LEVETT . The deceased was my son—his Christian names were John Harold—I parted with him about three o'clock in the afternoon of the 15th of Sept., and never saw him look so well in my life—he had lived in my house—his habits were very sober and correct, and he had not had one hour's illness for the last four years—I never knew that he was given to sipping or drinking porter—I never knew him take more than two glasses of wine if ever so much pressed—he was a very strong young man—I am an ironmonger—he attended to the business, and could move with ease above two hundred weight—on the day in question I sent him in the cart on business—he had a sister living at Barking—I saw the state in which he was after he had received the injuries which the doctor has described as delirium tremens—I never in my life saw any symptoms of that description before he received these wounds—I saw him every night during the week the doctor was attending him—he began to be very uncomfortable—he did not sleep—he never could have any rest—he was constantly shaking, trembling, and fancying he was being molested by other parties, and knocked about—I never saw any symptoms of that sort previous to this.
THOMAS JOSEPH CLARKE cross-examined by MR. CLARKSON. Q. Were you examined on the Coroner's inquest? A. Yes, and bound over—on Tuesday, the 15th of Sept. I was present at the starting of the two men who ran the race in the Barking road—I was in the cart with the two Mr. Whites, of the Borough-market, on the north side of the road—I saw the pony-phaeton come up with persons in it, and among others, the three prisoners—I saw all the race—as soon as the men started, the cart I was in, and the pony-phaeton followed as close behind them as they could do, for them to run and to keep off those who were behind—the deceased came in before us—there was hardly room for him—we had to go on the pavement to make room for him—he endeavoured to get in between the pavement and the cart—some one called out to him from the phaeton not to do so—on that he struck Mr. Murgood with his whip—that was the first blow that was struck either with the whip or anything else—Hurgood struck at him again, and they continued striking together for some yards alongside of each other—I should say the race took from five minutes and a quarter to five minutes and a half—if he had not been called to, or prevented from passing between our cart and the phaeton, he must have got between the running men.
MR. SERGEANT SHEE. Q. Might he not have got on one side of them? A. He could not—the road was wide enough, but the vehicles would
not allow of that—there were several vehicles—I saw the conclusion of the race—I cannot say whether Heywood and those in the phaeton stopped then—I attended at the Coroner's inquest—no one desired me to attend there—I am acquainted with the prisoners—Heywood is the son of a fishmonger at the corner of King-street—the others are porters; one in Billingsgate, and the other in Spitalfields-market.
(The prisoners received good characters.)
BODDY— GUILTY .
HEYWOOD— GUILTY .
BRANCH— GUILTY .
Of an Assault.— Confined Three Months.
MESSRS. BODKIN and CLARK conducted the Prosecution.
GEORGE BROWN . I am a labourer, and live in John-street, Mile-end gate. I know the prisoner by sight—she keeps a cook's-shop in Flower-and-Dean-street—on Saturday evening, the 3rd of Oct., I was in her shop between ten and half-past ten o'clock, and remained there—Van Spreeding burgh was there—the deceased, Daniel Crawley, came in after twelve o'clock—he asked for a quarter of a pound of beef—I cut it for him, and put it in the scale—the prisoner was standing near the door, outside the counter—I was inside the counter—she observed the meat in the scale, and said to me, "That will not do; that is how I ruined myself the first week I took the shop by wronging myself like that"—she came inside the counter—I put the knife and fork on the counter and told her I did not understand it—she took the knife and fork, took the meat from the scale, and put it on the counter, and while she was cutting a piece off it Crawley put 2d. into my hand—I put it on the counter, and said, "There is 2d"—she said, "That is not the price of the meat, it is 2 1/2."—Crawley said to me, "That is right countryman, is it not?"—I said, "I do not know, there is the mistress"—Crawley was then standing with his right elbow on the counter, and leaning against the wall—he wanted the meat—she would not give it him—he said he wanted it, and insisted that it was right, but she put it behind her on the shelf—she was talking to him—I do not particularly recollect what she said at the time—it was only a word or two—she put her hand to his face once or twice, and said, "You blackguard, I do not want your custom," and to be off—Crawley remained in the same position, leaning on the counter—the prisoner had the knife in her hand at the time—she was talking to him, and I saw her shove her arm across the counter and stab him—I saw the blood, and for a moment after I could not see.
Q. When she stabbed him did she say anything? A. She put her arm across all on a sudden and said, "There is a halfpennyworth, you b—!"—Crawley cried out, went to the door of the shop, and the prisoner threw the knife over the counter on the floor, and I picked it up—it was the same knife that she had cut the meat with—the constable came in immediately.
Cross-examined by MR. CLARKSON. Q. Whether the man wanted the meat of not you do not know, but he said he came for meat? A. Yes, he asked for it—I never bought meat there—I do not know whether the price was 10d. a pound—she said it was—she was tipsy—it might be a little after twelve o'clock at night—I had stopped there since ten or half-past ten o'clock—the prisoner was not drinking while I was there—I had not been drinking myself—I stopped there after it took place for fear they should think it was me that did it—there was a crowd of people there—I knew the prisoner by seeing her about—I know nothing particular about her—I did
not live in the house—I heard a row in the street—it might be a good while before this—I was inside, and heard people talking outside—that was after the man came in, while he was in, and before he was stabbed—there was a mob all along the street—I did not know Crawley before—I do not know Mrs. Sanderson—I did not hear the prisoner complain that there had been a parcel of fellows making a row at her shop that night—I have heard it since this took place—when Crawley came in and asked for the meat the prisoner was standing against the front door—I was further from the door than her, on the outer side of the counter—the knife and fork were lying in the shop—the man was an Irishman—I cut him very good weight—I was not used to weigh meat—the prisoner complained that I had cut too much, and took some of it away—after that it was full weight—he was then standing at the counter and she inside it—there was no more than what I call joking and laughing between them—Crawley was leaning with one hand on his face and the other on the counter—she stood opposite him inside—I heard her call him a blackguard, and say she would not have his custom—when she was examined I did not hear her say that he had put his hand to her person—I did not see him do so—tbe counter is about two feet wide—I did not hear him say, when he was leaning on the counter, "Nance, many a good spree have you and I had together, and will have again"—I was sober—I had had no drink at all—the shop is not very large—I did not hear one or two words that were said—I did not take such particular notice as to hear that—when she used the knife she said, "Take that you b—," not "you blackguard"—it was at the time he was leaning with one hand on the counter and the other to his head—he put the 2d. into my hand; I put it on the counter—I do not know which took it up—I did not see it taken up—I did not see all that took place on the counter—she told him to be off, a backguard, she did not want his custom—I did not hear her say that several times—I might have had a drop of beer at my work, but not shortly before this—I went there to get something to eat—I sat down and had a basin of soup—it was a sudden thrust.
HENRY FRANCIS VAN SPREEDINGBURG . I was at the prisoner's shop between one and two o'clock in the middle of the night—I went for half-a-pound of pork, but it was not done enough, and I put it back—Crawley came in and asked for a quarter of a pound of the same pork—Brown cut some for him and put it into the scale—the prisoner was standing outside the counter near the door—Crawley produced 2d.—who he gave it to I cannot say—I saw it on the counter and heard the prisoner say she wanted another halfpenny—I did not see Crawley offer another halfpenny—the prisoner took the meat out of the scale and put it in a dish—Crawley said, "Give me my meat, I will give you 1d., which will pay for a slice of bread as well"—the prisoner was then on the door side of the counter—he did not produce the penny, and she told him to leave the shop—after that I asked for half a pound of beef, which Brown cut and put in the scale, and the prisoner said there was more than weight—she went inside the counter—it was my meat that was over weight—Brown laid down the knife and fork—she took the meat, cut a piece off, and put it into the dish—Crawley was then standing next to me in front of the counter leaning over the counter—I heard him say to the prisoner, "Nance, you and I have had many a spree together, and I hope we shall have again"—he said so several times, and she told him several times to go away—I cannot say I heard her call him a blackguard—I was in the act of leaving the shop after having mustard put on my beef by Brown, and saw the prisoner make a plunge at Crawley with her hand—I cannot swear I saw anything in her hand—I was not going out—my face was towards the counter, but my eye was not fixed on her further than seeing her arm plunge towards Crawley across the counter—this was almost immediately alter the mustard was put on my meat—I
was nearly facing Brown, who was by the prisoner's side—she mentioned some words when she made the plunge, but what it was I cannot say—directly the plunge was made he walked out of the shop and said, "Save me, save me, I am stabbed"—Brown came round the counter, and I saw a knife in his hand stained with blood.
Cross-examined. Q. You say it was pork Crawley came for? A. Yes—I had been drinking—I cannot say I was tipsy—I do not know what became of the 2d.—the prisoner appeared to have been drinking, but she could see there was too much meat in the scale—there had been no row at the door shortly before to my knowledge—I went there between one and two o'clock--there was no mob there when I went in—I was not there at twelve.
Q. Did not she say, "Take that, you blackguard," or something? A. She mentioned some word at the time she made the plunge—what, I cannot say.
GEORGE KING . I was a police-sergeant—on Saturday night, the 3rd of Oct., between twelve and one o'clock, I was in Flower-and-Dean-street—there was a disturbance in the street—I remained there about an hour till this occurred, which was at half-past one o'clock—I was outside the shop about ten minutes after the disturbance, and Crawley passed me and went into the shop—in four or five minutes I heard an exclamation in a man's voice, as if in pain—the deceased ran out of the door with his left hand on his right side, in a stooping position—he called to me, "I am stabbed, I am stabbed to the heart; oh, save me, save me!"—I took hold of him, and led him into the shop—Brown and the prisoner were behind the counter, and the last witness in front—I put Crawley on a chair, and took the prisoner—she said, "I will go quietly with you"—I asked Brown for the knife—I found it among some lumber at the back of the shop—the blood was on it, wet and moist—another constable took the prisoner to the station—I took Crawley to the London hospital, and gave him in Mr. Holman's charge—I returned to the police-station—the inspector read the charge to her, and said she had no occasion to say anything unless she liked, but if she had anything to say he was willing to hear it—she then said, "Mrs. Sanderson sent him to break into my place, and what I have done I might do to protect myself'—Crawley was not present at the disturbance in Flo wer-and-Dean-street—the first disturbance was between Mrs. Sanderson and her lodgers, and the second disturbance was between Sanderson and the prisoner—when the depositions were taken before the Magistrate, the prisoner said Crawley had taken indecent liberties with her, that she had the knife and fork in her hand, and did not know she had done it—this was at her first examination before Mr. Broughton—the deceased gave the name of Daniel Crawley-at the station.
WILLIAM HENRY HOLMAN . I am a surgeon—the deceased was brought to the London hospital—his shirt was covered with blood—I found a wound on his left breast—he lived six days and a half—I have no doubt his death was caused by that wound—I made a post mortem examination.
GUILTY of Manslaughter. * Aged 25.— Transported for Ten Years.
(The prisoner had been before convicted of felony.)
NEW COURT.—Thursday, October 29th, 1846.
Sixth Jury, before Before Mr. Recorder.
GUILTY . Aged 19.— Confined Three Months.
RAWSON REID . I am a wine-merchant; the prisoner was my groom between seven and eight years. These articles were my own wearing-apparel—I did not miss them till my return from the continent about a month ago—I saw them last in the early part of the summer—they were chiefly winter clothing.
JOHN OETZMAN . I am assistant to Mr. Martin, a pawnbroker, in Tooley-street. I produce two coats, one pawned on the 25th of May, and one on the 5th of Aug.—I do not recollect the prisoner as the person who pawned them—I have seen the duplicates in the possession of the officer, they correspond with the counterparts which I have.
JOSEPH BRYANT (City police-constable.) I produce two duplicates, which correspond with those produced by the pawnbroker—I found them on the prisoner—I found eighteen duplicates on his person, and ten more in a box in Mr. Reid's house—when I took the prisoner he said he was guilty, and deserved punishment.
Cross-examined by MR. DOANE. Q. Was anybody present when he said that? A. No—it was at his father's house, at Dorking.
MR. REID re-examined. These are my coats—the ten duplicates were found in a box in a room, in my house, which the prisoner occupied when he was in my service—I had discharged him before that—I believe the box in which the duplicates were found was in the prisoner's occupation when he lived with me.
Cross-examined. Q. Had he any right to use these coats? A. None it all—I was on the continent for five weeks—on my return I required these coats, and then missed them—the prisoner's friends are respectable—it ii with regret I prosecute him, but I could not do otherwise.
GUILTY . Aged 21.— Confined One Year.
JAMES WILLIAM GRIFFIN . I am a Thames police-inspector. On the 29th of Sept. I saw the prisoner in a boat alongside of a barge on the Thames—the barge was laden with staves and wood—I saw the prisoner get on the stern of the barge, and chuck three pieces of wood into his boat—he then rowed away—I rowed after him, and asked what he had got in his boat—he said, "Nothing"—I said, "Yes, you have"—I got in, and found these pieces of wood in the boat—I asked how he got it—he said he gave a man a cast across the water, and he had given him these bits of board to mend his boat—I took him across to the man, who said he had not given him them-the prisoner then said he did not intend to take it home; he intended to take it across the water, and ask Mr. Hudson if he would give it him.
NOT GUILTY .
2036. MARIA PLATT was indicted for stealing 2 spoons, value 14s., the goods of George Edward Day:— also, 3 spoons, value 1l. 10s. the goods of Charles Burls:— also, 2 spoons, value 14s., the goods of Charles Bane; to all which she pleaded
GUILTY . Aged 28.— Confined Three Months.
2036*. EDWARD DOUGLASS was indicted for stealing 1 basket, value 2s.; 1 box of Seidlitz powder, 2s.; 1 half-sovereign, 2 half-crowns, 4 shillings, and 3 sixpences; the property of John Pepper, his master; to which he pleaded
GUILTY . Aged 12.— Confined One Month, and Whipped.
2037. OWEN MURRELL was indicted for stealing 21 sovereigns, 6 half-sovereigns, 4 half-crowns, 9 shillings, and 2 sixpences; the monies of William Hansell, his master.—2nd COUNT, of Patrick Mahoney and others, his masters.
(Mr. Doane declined offering any evidence.)
NOT GUILTY .
2038. HENRY TAYLOR was indicted for stealing, on the 20th of Sept., at St. Martin-in-the-Fields, 1 handkerchief, value 4s., the goods of Peter Fernes: and 1 watch, value 12l.; 1 watch-chain, 3l.; 2 seals, 14s.; 1 watchkey, 3s.; and 1 watch-guard, 6d.; the goods of James Marchant, in his dwelling-house.
JAMES MARCHANT . I keep the "Sutherland Arms," in St. Martin's-lane, in the parish of St. Martin-in-the-Fields—the prisoner came to my house on the 19th of Sept., about half-past ten, or twenty minutes to eleven o'clock in the evening—he applied for a bed, and paid 1s. for it—he slept there, and the next morning he paid another 1s. to have the same bed and the same room again; and five minutes after he was gone my wife went up stairs and found my bed-room door locked, and the key gone—she called me—I forced the door open, and missed from the drawer my gold-watch, seals, and chain—these now produced are them—they are worth more than 5l.
Cross-examined by MR. DOANE. Q. Have you seen them all? A. Yes—this watch is plain—I went to Bow-street, and gave a description of it—I have had it more than eight months, and the chain and seals more than fifteen years—the watch was made a 'present to me—it is a plain back with double case—there is no mark that I know it by—here is a coat-of-arms on one of the seals, which was given to me—I perfectly know it from that—the description I gave had reference to this watch—I had seen it in my bed-room about eleven o'clock that morning—I generally kept the bed-room door locked, but that being Sunday morning, having no business, I came down late, and left it open—my wife went up and found it locked—anybody could have got into the bed-room, as the door was open—I saw the prisoner in custody on the Saturday following—I am quite positive he is the man—I had occasion to see him—he applied to me for a bed, I went and asked my wife about it, and she let it him—he did not have any meal there—I swear he is the man.
LOUIS KEYSOR . I am a watchmaker and silversmith, and live in Tottenham-court-road—on Monday, the 21st of Sept., I saw the prisoner in my shop—he was showing my shopman a duplicate, and said he had been pawning a watch which he had fitted a key to, and he wanted to sell the duplicate—I asked where he lived, and went with him to the pawnbroker's and got this watch—I took an officer with me and gave the prisoner into custody.
Cross-examined. Q. Is this the watch? A. Yes—the prosecutor said it was jewelled in eight holes, but I find there are ten holes jewelled—it is jewelled in the winding-up fusee, which none but a watchmaker would know—it would cost 4l. or 5l. to do that—this watch would cost about forty guineas—I got it from the prisoner's hand at the pawnbroker's.
GUILTY . Aged 19.— Transported for Seven Years.
GEORGE WATTS . I am a pastrycook, and live in Church-lane, White-chapel—the prisoner was in my service on the 29th of Sept.—he had been in my service then for about four months, and he had been with me formerly—on the 29th of Sept. I went to a marine-store dealer's shop in Backchurch-lane—when I got opposite the shop I saw the prisoner just come out of the door—I went into the shop and found this basket, which lean identify as mine, and some ginger-beer bottles—I sell ginger-beer in such bottles as these, and I had missed a great many from my premises—Elizabeth Robinson was there—I then went to the prisoner's lodgings, and in a few minutes the pri-soner came in—I said, "William, I want you to account for the bottles you have been selling?"—he said, "All right, Sir," and ran off—he ran down Wellclose-square, and was found against the Dock-wall, lying down, apparently asleep—I missed two baskets of bottles the same day.
ELIZABETH ROBINSON . I am servant to Mr. Nicholls, who keeps a marine-store shop, in Backchurch-lane. I do not know the prisoner—I never saw him before that I know of—on the 29th of Sept., about dusk, in the evening, a person brought in three dozen of ginger-beer bottles in a basket—I bought them, and paid 1s. 3d. for them—he said he would leave the basket—Mr. Watts came in as that person went out.
Prisoner. It was not me that had the bottles; I was very much ill-u"ed by the policeman in going along.
GUILTY. Aged 19.—Recommended to mercy by the Prosecutor. Confined One Month.
ANN KNOWLSON . I am the wife of John Knowlson—I live at No. 21, Whitecross-place, Wilson-street, and am a laundress. The prisoner was employed by me as a washerwoman, and worked at my place—I missed a petticoat, some table-cloths, and a silk handkerchief, which I had to wash, and for which I am accountable—these now produced are them.
Prisoner. She sent to me to say she would take them out of pawn, and take the money by weekly instalments. Witness. No—I sent a woman to say 1 would not employ her again till they were forthcoming.
Prisoner. I intended to redeem them again; I had some words with my husband; 1 then took the things to get the money I had spent in drink.
JAMES WILLIAM MORRISON . I am assistant to Mr. Johnson, a pawnbroker, in Bishopsgate-street. I have a flannel petticoat, pawned by the prisoner on the 23rd of Sept., and a table-cloth pawned by her on the 30th.
five duplicates—she admitted before the Magistrate that she left the duplicate of the petticoat in the shop, and that I have got here.
Prisoner. I took the duplicate of the petticoat, and left it at the shop till dinner-time; I told the pawnbroker to be sure and have it looked out, and it escaped my memory till I was before Mr. Broughton, and then I told him; he said, was I willing to redeem them; I said, yes, by my labour, as I had got work, but I could not state the time; I had no intention of stealing them.
(The prisoner received a good character.)
GUILTY, Aged 45.—Recommended to mercy by the Jury. — Confined seven days.
OLD COURT.—Friday, October 30th, 1846.
First Jury, before Edward Bullock, Esq.
2041. EDWARD WATSON and JOHN SMITH were indicted for assaulting Robert Hind, putting him in fear, and stealing from his person 2 watches, value 31.; part of a watch-chain, 17s.; 7 sovereigns, and 2 half-sovereigns; his property; and beating, striking, and using other personal violence to him.
ROBERT HIND . I am a pensioner of the 7th legion in Spain, and live at Southampton. On the 19th of Oct., about four o'clock in the afternoon, I was going to Mr. Gray's lodging-house, and saw the prisoners together, in Pear-street, Westminster—I knew them well, and asked Watson how be was—he said he was not very well—I said, "Well, let us go in and have something to drink between us"—we all three went into a public-house, and some more besides—I do not know whether I-drank any—I had had a drop before—I had some silver, and seven sovereigns, and two half-sovereigns, when X went in—I am not exactly certain where it was, because I took it out in the public-house, and do not know which pocket I put it into—I had ray coal under my arm—I think I must have put it back into my waistcoat pocket—I should say I must have put it into some pocket, but am not sure—I afterwards went to pay for some half-and-half and spruce I had had, and took a shilling out of my trowsers pocket, where I had my silver—I think the landlord gave me some halfpence in change—I was not sober, but knew what I was doing—I went out of the house, the prisoners followed me directly—Smith ran up to me, and said it was a shame I should take Watson's two shillings out of his hand, and not give it him back—I had taken two shillings, because I considered he owed it me—I said, "It is no use talking to me, I shall not give it you unless you take it from me; if you can; here is, begin," and hit Watson—I said, "I don't care for you two chaps," and offered to fight them both—we had three rounds—Watson said, "d—me if I don't hare my own, I don't care how it is"—I was down twice in two rounds—I knocked them down in one round—I lost all consciousness when I was down, and lost two silver watches, and all my money but a few shillings—one watch was in one pocket, and one in the other—one was an old-fashioned watch, silver turned—I could not have lost them in the house, therefore I must have Jost them then—I am sure I had them in my pocket just before I went into the public-house, but am not certain I had them when I left the house—I went to the police-office afterwards, and saw these watches—they are mine—I know I had them in the house—I pulled them out there.
Cross-examined by MR. BALLANTINE. Q. You are not quite sure whether you had the money? A. No—I am sure I had it before I left the house—I swore before the Magistrate I had it when the men rifled me, because I must
have had it—I will not swear it now—I do not generally carry two watches—I had taken one out of pawn—neither of the prisoners suggested that I had stolen the watches from them—I never heard it mentioned—one of them said the two shillings were his, not the watch—when he said he would be d——d if he did not have his own, I should say he was referring to the two shillings—some people call me Froome Bob, because I belong to Froome—I have fought a few times for 5l. or 10l.—I never had anything to do with thimble-rigging—I have seen it done—I believe the prisoner Watson was done out of some money at the Goodwood races—that money did not find its way into my pocket—I got drunk—I had a booth there—he lost the money outside my booth—he said he lost a couple of watches as well, and that he judged me for it—the watches he took from me are mine—he said they were his own at the police-court, but he took money from me six months ago
NOT GUILTY .
HENRY THOMAS SHELTON . I live at Hackney, and am in the service of Alexander Allen, of Dalston. On the 25th of Sept., about half-past eleven o'clock in the morning, I was in the stable—the carriage was outside the gate—my boots were in the stable inside the yard—I am sure I did not put them behind the carriage—I missed them in about ten minutes—the stable-door and gate were open—I found them in about a quarter of an hour at the station-house, and the prisoner too—I did not know him before—these are the boots.
CHARLES PRETTY (policeman.) On the 25th of Sept., between twelve and one o'clock, I stopped the prisoner with these boots in Dalston, about two hundred yards from the stable—I asked where he got them—he said he picked them up in the road, and afterwards that he found them between the wheels of a chaise.
Prisoner's Defence. The servant of the house saw me pick the boots up at the carriage-wheels; she said nothing to me; I went on, and the policeman took me.
GUILTY . Aged 17.— Confined Twelve Months.
Before Lord Chief Baron Pollock.
2043. BRIDGET SULLIVAN was indicted for feloniously and knowingly uttering a forged order for payment of 15l., with intent to defraud Edward Majoribanks and others; and VILLIERS PEARCE as an accessary before the fact.
MESSRS. DOANE and ROBINSON conducted the Prosecution.
JOHN BLENKINSOP . I am cashier at Coutts and Co.'s bank—Mr. Edward Majoribanks is a partner in the house—there are other partners—on the 27th of Aug., about four o'clock in the afternoon, the prisoner Sullivan came to the banking-house, and presented this check for 15l. for payment—(read—dated 25th Aug. payable to Mrs. Wallis or bearer, 15l.; signed Caroline Queens-berry, and endorsed C. Wallis)—the Marchioness of Queensberry has an account at our house—I asked Sullivan what she would have for it—she replied very quickly, "Gold"—I then walked round the counter, and desired her to step into the back-room—she did so—on the way I asked her if she re-ceived it for herself—she said, "No"—I asked for who she received it—she
said, "For a man"—I asked if she knew the man—she said, "No"—I think I asked her if she knew where the man was—she said, "outside"—I then called a messenger and desired him to fetch a policeman—lam well acquainted with the Marchioness's writing, and declare this not to be her writing—I produce eight checks which have been paid previously.
JAMES GOODWIN . I am porter at Coutts' bank. On the 27th of Aug. I saw the prisoner Sullivan at the counter—in consequence of instructions, I accompanied her to Charing-cross—I walked a little way before her, but near her—Sinnott, the policeman, was also in attendance—as we went along she gave me a description—she said it was a tall man with a black frock coat on, with sandy hair and whiskers, and hair on the upper lip—she did not say what she was to meet him for—we went to Charing Cross, and then to the fountains in Trafalgar-square—she said that was where she was to find him if she did not meet him on the road—we went to the fountains—there was no man there answering that description—I waited a minute or two—she did not tell me who she was—I did not hear her say what her name was, or where she came from.
WILLIAM SINNOTT (police-constable F 91.) In consequence of directions from Goodwin I watched Sullivan—I heard her describe the person she was to meet—I saw no one answering that description—she was afterwards given into my custody—I produce a letter which I received from the female searcher at the police-station—I had heard nothing said about that letter before—I heard her say her name was Bridget Sullivan, that she came from Skevenden, in the West of Ireland, on the Tuesday previous, by a steamer, to somewhere about London-bridge, that she had a husband somewhere about Chelsea, as she heard, and she had come in search of him, she could not succeed in finding him there, walked back again in the evening, and walked about all night to look for him, she was then going down to Whitechapel to see if she could find him, and was on her road there—as she came past the bank she said she had no relations or acquaintances in London except her husband, that she was never in London before in her life.
Cross-examined by Ms. BALLANTINE. Q. When were you called to go with her? A. About four o'clock in the afternoon—I was fifteen or twenty yards behind Goodwin—I kept them in sight—I was at the bank before I went out—I was up with them when she told me all this—she said it in the square when I came up with them, not in the presence of Goodwin—I overtook them in the square—the conversation I had with her was at the banking-house on the day she was given in charge—Mr. Bush was present—Goodwin was not; nobody bat Mr. Bush, who asked her a few questions—he did not regularly cross-examine her.
Cross-examined by MR. DOANE. Q. Did Mr. Bush warn her as to the answer she gave when he questioned her? A. I cannot recollect.
MARGARET PYKE . I am searcher at Bow-street police-station. I was directed to search Sullivan—she wanted to go to the water-closet—I searched her, and found this letter (marked A) in some part of her gown-sleeve—I shook the gown-sleeve, and it fell from it—when I found it, she said they had got the other paper, and that was of no use—she did not propose that I should do anything with it.
JOSEPH THOMPSON (police-constable.) On the 20th of Oct, I apprehended the prisoner Pearce at No. 1, Millman-place, Millman-street—I told him I apprehended him for being confederate with Bridget Sullivan, his wife, for uttering a forged check on Coutts' for 15l.—he said it must be a mistake,
he had no wife, she had been dead six years—I told him he was Villiers Pearce, the man I wanted, and he must go with me—I took him to the station—he gave his address No. 58, Eagle-street, Red Lion-square—I went there, and found a good many papers, and this among the rest—(produced)—I found these letters on him—he wanted to give them to his sister.
CAROLINE, MARCHIONESS OF QUEENSBERRY . I principally reside at Coton-house, near Rugby—I have had correspondence with Pearce and other members of his family, and have occasionally written letters to him inclosing remittances—I have inclosed checks to him—one of the letters found at his house is one of many letters I sent him—it contained a check—no part of the check produced is in my handwriting—I never authorised him to write that or any check—it is not a very good imitation—I did not write any part of this letter—(looking at one marked A)—I have received many letters from Pearce, and written answers to them, and, to the best of my belief, this check ii written by him.
Cross-examined. Q. I believe your ladyship never saw the person who signed himself Pearce? A. Not to my knowledge—I have had no personal communication with him on the subject of the letters—if those letters did come from him, I think I can swear the check is his handwriting—there is an imitation of my handwriting in the signature only.
MR. DOANE. Q. Did you receive these letters in the name of Pearce? A. Yes, and wrote answers to the addresses named in them.
MR. BALLANTINE. Q. Did you write the answers yourself? A. Always, and gave them to my servant to put in the post.
WILLIAM DYATT BURNABY . I am chief clerk at Bow-street police-court. Sullivan was brought there on the 28th of Aug.—she made this statement, which I took down in writing—(reads)—the prisoner says, "As I was passing along the street I went up to the gentleman and asked the way to Whitehall; he said, 'What do you want to go there for, my good woman?' I said I wanted to go there to see my husband; he walked down and said, 'I'll show you,'—when we got by the rails be took those papers out of his pocket and said, 'if you will go in there' (pointing over the way,) 'and bring me what you get for this;' he asked me whether I could read or write, I told him I could not; he then gave me the two papers, and said, 'You need not show the big paper;' he folded the little paper, and told me to take it to the gentleman at the counter, and that I need not show the other paper unless I was asked for it; and if the gentleman asked me what I would take I was to say, 'Gold;' when he gave me the papers I said, 'lama stranger here, and don't like to go in;' he said, 'Oh, you foolish woman, I am known in that banking-house, and the gentleman thinks I am out of town, and I don't like to go in; when 1 went in 1 put the paper on the counter, and the gentleman asked me what I would have; I said, 'Gold;' he then took me into a parlour and asked me whether it was for myself; I said no, a gentleman had given it to me; the gentleman who gave it me said he would wait up and down till 1 came out, or he would be at the waterfalls if he was not there."—On the 21st of Oct, the prisoner Pearcewas brought in, and made this statement—(reads)—"The notes I received from Lady Queensberry were not always signed by her ladyship, but some of them commenced, of Lady Queensberry;' her ladyship bs"? been in the habit of sending me letters, and occasionally checks, for the last fiw years; this woman came to me five or six years ago, upon the death of my wife; she came as my housekeeper, and to attend on the children, not being able to do without such a person, being about from morning till night, in my occupation I as a reporter—her conduct became exceedingly discreet, steady, and respectable;
and notwithstanding my great poverty, I still kept her in my service, as I was enabled to keep my home with her assistance in comfort; I left her to go to the West Indies, and on my return her conduct being so good I married her on the 17th of last June, she having previously given birth to two children; on the morning of the 27th Aug. last she left my home, and I heard no more of her till I heard she was in custody—I solemnly swear I never forged a check on the Marchioness of Queensberry, or sent my wife with one; she hat made herself appear a perfect stranger to me, on purpose to save my character; and being neither able to read or write, she could not know the nature of the document; I have held responsible situations under Government abroad; my wife made this story on purpose to save my name being brought forward on the charges."
Cross-examined. Q. I believe certain letters were produced and alluded to in the evidence? A. Yes—they were not read in the prisoner's presence—they were handed to his attorney to read if he chose—I heard it stated that a copy would be forwarded to the prisoner.
JOHN WINTER . I am a builder, and live in Tash brook-street, Pimlico. In July last both prisoners came to me about taking a house—Pearee spoke—I do not know that I heard Sullivan say who he was—he was not introduced to me by her—they became my tenants about the 13th or 14th of Aug., and lived with me some time—I had seen Pearce between July and Aug.—they both went by the name of Pearce—I missed Sullivan from the house after that—I cannot say when it was, but I noticed repeated knocks at the door—I met Pearce, and told him I wanted to come in to look at the ceilings—he said Mrs. Pearce had been out, and would be home in a day or two—I think that was in Sept.—I did not see her again.
JOHN YOUNG . I am a solicitor, and live in Bloomsbury-square. I have known Pearce about eighteen years—I have corresponded with him, and received letters from him, and have conferred with him on the subject of those letters—I have seen him sign his name—I believe the body of this check to be his writing—(looks at it)—I cannot speak with certainty as to the letter (A.)
Cross-examined. Q. Is there anything remarkable about the character of his writing? A. Yes—I consider there is no disguise about it at all—he is a relative of mine—I corresponded with him about a year ago, and have done so five or six years—it is only till very lately that I have had correspondence with him—it ii two or three years ago, I cannot distinctly recollect how long, hot not within a year I have seen him write—I have a memorandum here, signed by him on the 7th, 17th, and 25th of Aug., 1843—I saw him write on all those days—these are the documents he wrote be name to—I do not recollect seeing him write anything but his name.
----BELL. I am a reporter, and live in Southwark Bridge-road. I am acquainted with Pearce and his writing, and believe this check to be his writing—three years ago he was an occasional contributor to various newspapers—I had attended public inquiries for five or seven years previously, and have had occasion to see him write 150 times—the last time was about four years ago—previous to that I was in the habit of seeing him write pretty constantly—to the best of my belief this letter (marked A.) is his writing—I believe these also to be his writing—(looking at some others.)
Cross-examined. Q. Had you and the prisoner any difference at any time? A. Never—it is four or five years since I saw him write or act as a reporter—I believe he has not been reporting since that—we were occasionally in the habit of reading each others reports.
check and this letter (marked A.) to be his also—I also believe these other letters to be his.
Cross-examined. Q. How long is it since you have seen him write? A. I think about three years—I was not very intimate with him, but frequently saw him write, and his copy frequently passed through my hands.
THOMAS WATSON . I am a manifold paper-maker. I have known the prisoner seventeen or eighteen years—I have frequently seen him write—I believe this check to be his writing—this letter (A.) is his style of writing—I believe it to be his, and these other letters as well.
Cross-examined. Q. You seem to express a doubt about the letter? A. I discover a difference in it, which creates a doubt—it is a broader writing—he did not generally write so broad a hand—I recollect his writing perfectly well—the check is in his ordinary writing, but the letter is broader—the letters are wider altogether—his handwriting is generally close—the words are stretched out—they are larger than his general writing—(letter A. read—"Coton-house, 25th of Aug., 1846: Mrs. Wallace, I received your letter, and now send you a check on Messrs. Coutts' and Co. for 152.; you will let me know by letter the receipt of the same.—Caroline Queensberry.")
SULLIVAN— GUILTY . Aged 35.— Confined Six Months.
PEARCE— GUILTY . Aged 44.— Transported for Ten Years.
Before Mr. Justice Erle.
GUILTY . Aged 42.— Transported for Life.
(There was another indictment against the prisoner for a like offence, both parties being his own children.)
Before Lord Chief Baron Pollock.
MR. PAYNE conducted the Prosecution.
FRANCIS TOWNSON (policeman K 271.) On Sunday night, the 11th of Oct., about a quarter to nine o'clock, I was in the Bethnal-green-road, and saw a female who said she was the prisoner's wife—I did not know her at the time—she was bleeding profusely from a wound in the head—she made a statement to me—I took her to a surgeon, got her wound dressed, and sent her to the London Hospital—I ascertained from her that the prisoner lived at No. 6, Albion-cottages, Holly-bush-gardens, Bethnal-green-road—I went there with some constables and saw the prisoner sitting at the window of the first-floor—the window-sash was out of the frame, and I believe he had it in hi! Hand—I heard him say he would throw it out on the first man who offered to come into the yard—I requested my brother constables to turn their lights on him, which they did, and 1 opened the door with a key which I had received from the woman who represented herself as his wife—I got into the house; the other constables followed me—when I got to the foot of the stairs I saw the prisoner standing on the landing above—he said he would shoot the first man who offered to come up—I did not at first see anything, but shortly after saw a poker in his hand—I went up the stairs: he attacked me with the poker and struck me several times on the back—I was then obliged to use my staff—I had not touched him before that—I had told him I came to take him into custody for assaulting his wife—I was forced down on my brother constable by the prisoner—the lights were extinguished by some means or other—the
prisoner was still on the landing brandishing the poker about, and striking me with it—I again advanced towards him, and he cut me over the head with it a violent blow, which knocked me backwards, and cut my head—while I was falling, I received a slight wound on the side of my head from the poker—I bled furiously—the blood run into my eyes and prevented me seeing, and I retreated—I went to a surgeon, got my wound dressed, and afterwards found the prisoner in custody.
CHARLES RYLEY (police-constable K 304.) I went with Townson and my sergeant to the prisoner's house—I have heard Townson give his evidence—he has correctly described what took place—I saw him bleeding in front of his head—after he was gone to get it dressed we had further assistance—the prisoner attempted to get out at the back window, but was prevented—I found the poker, which I produce—there was a great quantity of blood about the room—the prisoner asked if I wanted to take him into custody for assaulting his wife—I said yes—he said he had assaulted her.
THOMAS TAYLOR . I am a surgeon, and live in the Bethnal-green-road. On the night of the 11th of Oct. Townson was brought to me with a wound the top of his head, upwards of two inches in extent—it was cut completely through the scalp—it bled considerably, and was such a wound as might have been inflicted by this poker—he is out of danger.
FRANCIS TOWNSON re-examined. The woman complained to me that he had cut her head open with the poker—I saw her bleeding, and took her to a surgeon, who said the wound was of a dangerous nature, therefore I went to apprehend him.
Prisoner. I hope your Lordship will have mercy on me; I am sorry it did occur; I was excited with liquor; words occurred between me and my wife; I am not in the habit of committing such offences.
GUILTY of an Assault. Aged 47.— Confined Nine Months.
SOPHIA MORGAN . The prisoner rented an apartment of me for five or six months altogether—she left nearly three months ago—on Whit-Sunday I went out, and wore my gold watch and chain—on my return I placed it in a drawer—on the 9th of June I went to the drawer and missed them—the prisoner was then a lodger in my house—I also missed a silver tea-spoon and various other articles—I spoke to the prisoner—she expressed very great regret, and said she knew nothing about it, and was extremely sorry I should have such a loss.
Prisoner. Q. Did a person named Tew lodge in your house at the time? A. No, she was char-woman to a lodger of mine—I lost a carpet, the ticket of which the policeman Carr found at Tew's house—he is not here—I lost a great many other articles—Tew was up in your room with you for two hours—she left the house and I have never seen her since—she said she would come back again on the 26th, but never returned—you staid some weeks after she left—I did not turn you and your children out into the street, or tell you to go away—you left my house.
dress and a silk scarf—they were both in one ticket—I gave her an Orleans dress for the ticket—she said she would not take money, she wanted a dress, and as I had that I might as well give it her—I took the things oat of pledge—she went with me to the door—I do not exactly know where it was—I should know the place again—I have not been taken there to see if I could point it out—I do not know the pawnbroker's name—as I wai in black I died the scarf black—I wanted money, and sold the dress at Mr. Moore's pledge-shop at Woolwich—after the prisoner left Mrs. Morgan's she told me she had taken the things from Mrs. Morgan's—I told Mrs. Morgan.
Prisoner. I never sold yoa the ticket; this is all spite; when you came back to London from prison, why not tell Mrs. Morgan then? Witness. I was not aware that they were stolen then—I was tried for robbery, and hid twenty-one days at Maidstone on suspicion.
EMMA SMITH . I am wife of George Smith. On the 19th of Sept. the prisoner asked me if Mrs. Simpson lived in my house—I said, "Yes"—she said, "She had better mind what she is about; if she splits on me about the watch which I sold at Stepney fair, I will have her killed."
NOT GUILTY .
NEW COURT.—Friday, October 30th, 1846.
Fifth Jury, before Mr. Recorder.
GUILTY . Aged 40.— Confined Six Months.
MR. CLARKSON conducted the Prosecution.
JAMES WHITEHOUSE . I am a needle-manufacturer, and have a warehouse in Nottingham-place, Ashley-terrace, City-road. I knew the prisoner for two or three years—he was in great distress, and I took him into my employ as collector and town-traveller at the commencement of Feb.—on the 22nd of Aug. I found there were several accounts not paid in—I told him I would get these accounts in myself, and when I started to get these four different accounts the prisoner called me out of my chaise and told me he had received them and used the money—I forgave him those accounts, continued him in my employ) and advanced his salary from 1l. to 80s. a week—on the 17th of Sept. I found that he had been embezzling again—I have customers named Jobsoo, Watkins and Belton—I never received from the prisoner 3l. 3s. 6d. as from Jobson, or 10s. 5d. from Watkins, or 5s. 8d. from Belton—on finding they had not been accounted for, and had been paid, I spoke to the prisoner—I asked whether he had received Mr. Jobson's money—he said, "Yes"—I asked if he was prepared to make it good—he said no, but he should in a fortnight—I gave him into custody, and then I found out these other accounts—it was his duty to come in and pay me the money he received every night—I went to Mr. Jobson, and he had paid him on the 2nd of Sept.
Cross-examined by MR. O'BRIKN. Q. Did it sometimes happen that he
did not pay the money in on the night he received it? A. Not to the best of my knowledge—it was his business to pay it in every night—my counting-house is No. 2, Nottingham-place—if I was not there there was a person to receive the money—I have known the prisoner, and I have befriended him—he is no friend of mine—to the best of my knowledge it has not happened that he has not paid in money on the day he received it—it was his duty to enter his money in a cash-book lying on the counter, and get my signature to each account he had received—he used to draw his salary every week.
MR. CLARKSON. Q. When you found out the previous transactions did he make any statement to you of what he would do if you would continue to employ him? A. Yes, he said he would do better, and it should never occur again—these accounts are not anything like all that I have found to be deficient.
GEORGE JOBSON . I am a linen-draper, and live in Exmouth-street—I deal with Mr. Whitehouse occasionally for goods in his trade—on the 2nd of Sept. I paid the prisoner on Mr. Whitehouse's account 3l. 1s. 6d.—the bill was 3l. 3s. 6d.—2s. was allowed for discount for ready money—this is the receipt he gave me.
WILLIAM WATKINS . I am a draper, and live in Gravel-lane—I deal with the prosecutor for goods in his trade—in Sept. I was indebted to him 10s. 5d., and about the 9th of Sept. I paid the prisoner 10s. 2d.—he gave me this receipt—he allowed 3d. discount.
EDWARD BELTON . I am a draper, and live in Lisson-grove—I was a customer of Mr. Whitehouse—I paid to the prisoner on his account 5s. 6d. about the 15th of Sept.—I got this receipt from the prisoner—the bill is 5s. 8d.—he allowed 2d. discount.
GUILTY . Aged 37.— Confined Six Months.
2049. HENRY WILKINSON was indicted for stealing 3 locks, value 9d. of the goods of David Wilson, and fixed to a building: also 1 lock, 3s. 6d., and 1 lock-handle, 1s., and 2 taps, 10s., the goods of Elijah Brentnall; and that he had been before convicted of felony; to all which he pleaded
GUILTY . Aged 54.— Confined Eighteen Months.
2050. JOHN JACKSON was indicted for embezzling 5l., which he received for his master, Robert John Dobree and another: also for stealing 1 watch, value 3l. the goods of Robert John Dobree and another, his masters; to which he pleaded
GUILTY . Aged 39.— Confined Six Months.
2051. MARY ANN SOUTH was indicted for stealing 1 painting and frame, value 15s.; 1 sheet, 1l.; and 1 pillow-case, 5s.; the goods of John Charles Hale, her master:— also 2 spoons, 3s.; 4 cups and saucers, 7s.; the top of a sugar-basin, 1s.; 1 finger-glass, 1s.; 1 ornament, 1s.; 1 sheet, 2s.; 2 towels, 1s.; 1 skirt of a gown, 1s.; 2 lbs. of soap, 1s.; 1 decanter, 3s.; 1 glass-tumbler, 1s.; 1 water-bottle, 1s.; I wine-glass, 1s.; 2 bottles, 1s. 6d.; 1 printed book, 6d.; 3 knives, 1s.; 6 forks, 1s.; 1 purse, 1s.; and 1 pair of stockings, 6d.; the goods of William Hunter: and 1 handkerchief, 1s.; the goods of William Asher Jellicoe; to all which she pleaded
GUILTY. Aged 26.— Judgment Respited.
NOT GUILTY .
EDMUND SHELLEY . I am shopman to Mr. Andrew Bowring, a hosier, who lives in Fenchurch-street. On Saturday evening, the 24th of Oct., I was in his shop, at half-past six o'clock, my back was towards the door, I heard a sort of twitch, as if they had pulled a coat off the rail—I turned and missed a coat which I had hung on a rail an hour before—I went into Philpot-lane, and saw the prisoner running with the coat on his arm—I pursued—he turned, and I saw his face—he dropped the coat and ran off—he was pursued by other persons—I had such an opportunity of seeing his person, and seeing him soon after, that I am certain he is the same person—this coat is my master's, and worth 2l. 2s.
THOMAS JACKSON . I live in Fann-court, Mile's-lane. Between six and seven o'clock last Saturday evening I was in Philpot-lane—I saw the prisoner running, and heard a cry of, "Stop, thief!"—I pursued him to Churchpassage, Love-lane, and took hold of him—I took him with another gentleman, in Philpot-lane, to Mr. Bowring's shop—I am sure the prisoner is the person—he ran behind a cart first—it was about a hundred yards from where I first saw him to where he was stopped eventually.
Prisoner's Defence. There was another boy running; they hallooed out, "Stop him!" I walked, and then I began to run; the other boy dropped the coat; there were five or six boys running, and two or three men.
GUILTY . Aged 15.— Confined One Month .
ROBERT MORRIS . I live in Prospect-place, Kingsland-road, and am a green-grocer. On Friday, the 25th of Sept., I was in the parlour at the back of my shop, about two o'clock in the afternoon—I noticed Mr. Broadley looking towards my shop—I saw Purman in the shop stooping down behind the till—he was going out of the shop, and I caught him—he said, "Let me alone, it was not me"—I had seen him stooping behind the till—the till was open and the money gone—I saw Bryant outside on the step of the shop, and he ran away—Mr. Broadley brought him back, and I gave the prisoners into custody—I had seen the till about half an hour before—there was then about 11s. in it—I saw Purman leave the till—he was not on the other side of the counter—he could reach over the counter—it is low and narrow.
Purman. I was not inside; I was kneeling down outside reading a board. Witness. I did not see him reading a board.
Cross-examined by MR. PAYNE. Q. Have you heard a good character of Bryant? A. Yes—he ran away.
THOMAS BROADLEY . I am a grocer, and live in Prospect-place, Kingsland-road. On the 25th of Sept. I was standing near my shop door, which is by the side of Mr. Morris's shop—I saw the prisoners kneeling on the step of the door for some time—I
saw Bryant run away—Mr. Morris called, "Stop him"—I saw him throw three sixpences into a garden—I caught him—I returned, and took the three sixpences and gave them to Mr. Morris.
Cross-examined. Q. I suppose you mean he threw something, and you found the three sixpences? A. Yes.
ISABELLA MORRIS . When my husband leaped up from the dinner-table I went into the shop, saw the till wide open, and missed the money from it—I received three sixpences from Mr. Broadley—I gave them to the constable—Bryant made a communication to me, but that was not till I said, if he would tell me, I would let him go—both the prisoners made a communication to me—I said it to both, and Bryant made the answer.
Purman. He is telling false; it is just because my mother is a poor woman, and can't get me anything, they tell lies against me.
JOSEPH CHAMBERS (police-constable N 418.) I produce a certificate of Purman's former conviction at Clerkenwell—(read—Convicted 6th Jan., 1846, confined one month, and whipped)—he is the person—I believe his friends are respectable.
(Bryant received a good character.)
PURMAN— GUILTY . Aged 14.— Confined Three Months, and Whipped.
BRYANT— GUILTY . Aged 11.— Confined Seven Days.
OLD COURT.—Saturday, October 31st, 1846.
2055. THOMAS HANSCOMB was indicted for assaulting Charles Moore, and cutting and wounding him on the thumb, with intent to do him some grievous bodily harm.—2nd COUNT, with intent to resist his lawful apprehension.
JOHN M'MULLAN . lam employed by Captain Ogle, of Eaton-place; the prisoner was at work there. On the 24th of Oct., about twelve o'clock in the day, I was going up stairs with a message to my master—I heard the plate-closet door in the pantry making a noise—I went back, and saw the prisoner coming out of the pantry—I made inquiry, in consequence of which master sent for a policeman—I went to the plate-closet, and missed two desert-forks, which I had seen safe a quarter of an hour before in the pantry.
CHARLES MOORE (police-constable G 109.) On the 24th of Oct. I was sent for to Captain Ogle's, and received charge of the prisoner in the kitchen—I was going to take him—he said he would not go, seized a carving-knife off the kitchen table, ran at me, tried to stab me, and cut me slightly on the thumb.
Prisoner's Defence. They had given us a dinner that day; I took up the knife to wipe it, but deny intending to do any injury with it.
GUILTY on the 2nd Count. Aged 25.— Confined Twelve Months.
ANNA PAYNE . I am the wife of James Payne, of White Lion-yard, Seven Dials; the prisoner was in my husband's service to take out fruit, sell it, and bring back the money at night. On the 8th of Oct. he went out with
four bushels of apples on a truck—he returned between three and four o'clock, and had not sold any, as it was wet—I saw him leave my place next morning with them in a box—he did not come back—I did not see him again till a week after, when he gave himself into custody—he brought back neither apples nor money.
Prisoner. Q. How long have I worked for you? A. About two years—you had 1s. a week and your victuals.
JONATHAN BUSH (policeman.) On the 15th of Oct., about eight o'clock, I was on duty in Great Earl-street—the prisoner came up to me and said, "I am the young man who ran away with 14s. 6d. belonging to my master"—he told me his master's name—I went with him to Seven Dials, and saw Mrs. Payne—she said he was the lad—I took him to the station—she came there with her husband, and asked him what he had done with the apples—he said, "I sold them; I met with one and another, and spent the money."
Prisoner. I came to you and said, "A man wants to charge me with running away with 145. 6d.; will you come and see about it?" if I sold 4s. worth of apples I was to give him 2s. for the use of the barrow.
MRS. PAYNE re-examined. He did work once at half profit, but not at this time.
GUILTY. Aged 19.—Recommended to mercy. Confined Three Month.
Before Lord Chief Baron Pollock.
MR. HUDDLESTON conducted the Prosecution.
HOWARD— GUILTY of an Assault
LEWIS— GUILTY of an Assault.
STEWART— NOT GUILTY .
( Lewis and Stewart were also indicted for a rape on the same person, upon which no evidence was offered.)
2058. BENJAMIN LAMPERT and ROBERT GREENEY were indicted for assaulting Henry Clements, putting him in fear and danger of his life, and stealing from his person 8 pence, his money; and 32 half-crowns, 80 shillings, 42 sixpences, and 9 groats, the monies of Joseph Levy, and beating, striking, and using other personal violence to said Henry Clements.
MR. CLARKSON conducted the Prosecution.
HENRY CLEMENTS . I am seventeen years old, and live at Deptford. lam in the employ of Joseph Levy, as assistant collector of tolls at the Stamford-bridge-gate, in the Fulham-road—on Wednesday evening, the 7th of Oct., about six o'clock, I received from William Gulliver, the toll collector there, two parcels of money, wrapped in brown paper—I was to take them to the Kensington-gate, and give them into the hands of Mr. Levy—I was in the habit of going there with the money—on my way there I had occasion to come into the Gloucester-road, in the parish of St. Mary, Kensington—when I got there, between six and seven o'clock, the prisoner Lampert passed me—(I had seen him a few day's previously,) when he got a few yards ahead of we he looked round and looked in my face—when I got 300 or 400 yards further into the cross road leading to Fulham (I was walking in the middle of the road) the prisoner Greeney stepped out of the side of the hedge and murmured
something—as I did not understand him I stayed to hear, and then he and four others rushed on me—Lam pert was one—they forced me to the ground—two took hold of me by the throat, another covered my eyes with his hands—I had the money in my outer coat pocket—they began rifling my pockets—this lasted a few minutes—they kicked me on the head, or hit me with a stick, I will not be certain which—it was a violent blow, and made a large swelling on my head—there was blood on my ears from a kick or hit—that was while they were taking my money—they all ran away—I hardly knew for a minute or two where I was, but on recovering I got up, put my hand to my pocket, and found my pocket was cut out, and the money gone—I went on, met Sparks the constable, and told him what had happened—I returned to Kensington and told Gulliver, and then went to Mr. Levy—I had seen Lam pert two or three days before when I was on the Honey-lane bar, Fulham-road—he came there one day and said to me, "Halloa!"—I said, "Halloa!" he said, "Who is down at the other gate?"—I told him, thinking him to be one of the other turnpike men, but I did not know him.
Cross-examined by MR. PARNELL. Q. All this did not take many minutes? A. Not very long—there was a hedge on both sides of the road-there were houses about 100 yards off—my eyes were covered nearly all the time they had hold of me—I had never seen Greeney before—I was taken to the station to see whether I could identify Greeney—the door of the cell was open—I looked at him, and said he was not the man, but he was not brought out of the cell—I have not heard of the money since—I do not know how much there was.
Lampert. I never asked you a question in my life, for I never knew you; I have been on the gates three years myself, and know better than you about the money. Witness. You did.
MR. CLARKSON. Q. You never bad a-doubt of Lampert? A. No—I first saw Greeney after this took place, at the police-station, between eleven and twelve o'clock in a cell—I will not be certain whether it was light or dark—I said then I thought he was not one, but when he was brought out to be taken to Hammersmith I said to the policeman I was sure he was one who came into the road—seeing him at this bar I have not the least doubt of him.
WILLIAM GULLIVER . I am collector at the Stamford-bridge-gate for Mr. Levy. I sent Clements to take the two parcels of money to Mr. Levy at the Kensington-gate—that is usually done on the Wednesday evenings—one packet consisted of 6l. 10s. in silver, which I had collected myself—it was wrapped in brown paper—the other parcel I received from the conductor of an omnibus—it was sent to me on Tuesday by Pitt, the collector at the East-lane-gate, and was wrapped in brown paper—it was my habit to send the boy with the money—it was in similar paper to this—(looking at a piece)—it was this colour—I saw Clements after he came back—he had blood about his face and on his person, and seemed much exhausted—he told me what had happened.
Cross-examined. Q. To whom does the money belong? A. To Mr. Joseph Levy—this paper would not contain all the money.
JOHN PITT . I am collector of toils for Mr. Levy. On Tuesday, the 6th of Oct., I packed up 2l. 14s. in silver in brown paper, and delivered it to the omnibus man to carry to the next gate, which Gulliver had charge of—it was in such a piece of paper as that produced—it was similar paper.
CHARLES WAYT . I live at Little Chelsea. On Wednesday evening, the 7th of Oct., a little before five o'clock, I was in my father's shop right opposite the Goat-in-Boots, Fulham—I saw five persons standing at the corner—I took particular notice of them, having suspected the prisoners were two of I am certain—I called my father's attention to them—he noticed them
as well as me—it was a quarter before five o'clock—they all five went towards the Stamford-bridge-gate, Fulham-road.
Cross-examined. Q. Had you seen them before? A. Yes, often, and knew their persons—I knew Lampert well—he lived about there—Stamfordbridge is about a quarter of a mile from the Goat-in-Boots.
Lampert. It was Tuesday night that you saw me, and not Wednesday Witness. It was on the Wednesday—you had a velveteen coat and cap, and corduroy trowsers—I know it was Wednesday, because on the Thursday I saw Mr. Clements, who told me of this—there were four of them at first, and one of them fetched you out—it did not rain while you stood there—it had previously, and did afterwards—three of you went towards Stamford-bridge on one side, and two on the other—I watched you as far as I could see—it is not half a mile to Stamford-bridge.
MR. CLARKSON. Q. You knew Lampert longer and better than Greeney? A. Yes, but looking at Greeney I have not the slightest doubt he was one of the five.
CHARLES WAYT , Sen. I am the father of the last witness. On Wednesday evening, the 7th of Oct., about a quarter to five o'clock, my son called my attention to five young men opposite our shop, at the corner of the Goat-in-Boots—I looked at them, so as to enable me to know them again—the prisoners were two of them—after they had been there a short time they went in a direction towards Stamford villas—the prisoner in the velveteen coat went first—two others followed him, and two crossed the opposite road—I went away.
Cross-examined. Q. When did you give information? A. The police came on Saturday—on Thursday, my son going his rounds, heard from Levy's foreman what had happened, and gave information.
Lampert. Q. How do you know it was Wednesday? A. It was Wednesday my son fetched me out to notice you, knowing you about the neigh-bourhood, and on the Thursday my son brought me word of the robbery, and that you were one of them—I knew it was the day before—you had on a velveteen coat and cap to the best of my recollection—I did not notice your trowsers—they all had caps, but changed their dress, I believe, after being in custody—I saw you do nothing, and know no harm of you—I did not watch you up the Fulham-road—I stood at my door, and saw you go up the road.
LUKE SPARKS (police-constable T 67.) On Wednesday evening, the 7th of Oct., about twenty minutes after six o'clock, I was in the Gloucester-road, Kensington—I met five young men in caps, most of them in light clothes—they were going in a direction towards the Kensington-gate—the Gloucester-road crosses between Kensington and Fulham—people coming from Stamfordbridge towards Kensington might come down the Gloucester-road—about five minutes after I met them I heard a cry of "Police," further on towards Kensington—I had not gone more than 200 yards—I ran up to the spot as fast as I could, and met young Clements crying and very much exhausted—one of his ears was covered with blood, and there was a lump on the top of his head almost as big as an egg—he complained that he had been robbed—I went in search of the prisoners in consequence of what he stated, but could not find them that night—on Sunday, the 18th, Greeney was brought to the station—I searched, and found this brown paper, which has been produced, in his pocket.
Cross-examined. Q. Did you find anything else? A. A small key, a knife, and a small lock—you are further from Kensington at Stamford-bridge than at the Goat-in-Boots—I was on duty—I noticed all the people I met as well as I could—I am not prepared to swear to the prisoners.
MR. CLARKSON. Q. Were they about the same size? A. Yes, four were about the same size andone rather taller.
Lampert. When you were brought to look at us and two others, you identified two who have been discharged, and said you had never seen us. Witness. I identified two I had seen in Gloucester-road, and they were discharged by the Magistrate—there was no evidence of their having done anything I did not say I had never seen the prisoners.
Cross-examined. Q. Who took Greeney? A. The man who took him is not here.
Lamperi's Defence. I was not there at all; the prosecutor said afterwards he did not think it was me, he thought I was three or four hundred yards away when the robbery was done.
LAMPERT— GUILTY . Aged 23.
GREENEY— GUILTY . Aged 20.
Transported for Fifteen Years.
Before Mr. Justice Erle.
MR. PLATT conducted the Prosecution.
ESTHER LINDON . I am a widow, and live in Willow-street, Paul-street. On the evening of the 14th of Oct. I went to the pit of the City of London Theatre, Norton Folgate—I drew my watch out while there at nine and at eleven o'clock, and placed it in a small silk bag attached to my petticoat under my dress—when the performance was over I returned home—my house is about ten minutes' walk from the theatre—when about eight doors from my own house the two prisoners came and looked under my bonnet—I distinctly saw both their faces—it was directly under a gas-light—they knocked me down—Butler tried to get my watch, while Dipper held me down with his hand over my mouth—I felt Butler pulling my watch—I screamed "Murder" twice—a person on the opposite side of the way opened a window, upon which they ran away—I got up, screamed "Murder!" and went on to my own house—in two or three minutes Cross and another policeman brougbt the prisoners home—I said Butler was the villain that tried to get my watch, and Dipper was the one who held my mouth—I can swear to them both distinctly.
Cross-examined by MR. PARRY. Q. Are you sure your husband is not living? A. Yea—I had a guard to the watch round my neck—they tore it off—I am in service—I was out of service then—I had been in the service of Mr. Gummer, of Lothbury—I had left about eight weeks through illness—I was not the worse for liquor—I had nothing to drink before I went to the theatre—I and the young person with me had a small bottle with 2d. worth together—I did not go to any public-house or show my watch after I left the theatre—on my oath I was not the worse for liquor—I live about a quarter of a mile from the theatre—it is not an improper house at all, nor in a narrow street—two vehicles can pass each other in it—it was about one o'clock in the morning—the theatre was over about a quarter to one.
Cross-examined by MR. PAYNE. Q. What time did you go out that afternoon? A. I went to meet my friend about a quarter to six o'clock—she is housemaid to Mr. Ross, of Bishopsgate-street—we went to the pit, and paid 6d.—I
did not take anything before I went there—I went to see the performances—I cannot recollect any piece that was performed that night, because I am so flurried—I parted with my friend just beyond the theatre—I let her go alone, because I had a fall in the pit and hurt my legs—I was shoved off the seat—I did not slip off—I did not go to sleep in the station-house—the policeman was not obliged to awake me—I swear no such thing occurred—when one of the prisoners was brought to me I said I knew him by his cap—I did not strike him in the face or call him a scoundrel—I said, "That is the villain"—I did not say I did not know Dipper—I hesitated a very short time—I wag flurried—I swore to them both—I had never seen Dipper before—I never said I could not tell whether he was one of them—I was perfectly sober.
WILLIAM BROWN CROSS (police-constable G 217.) On Thursday morning, the 15th of Oct., I was in Paul-street, Finsbury, and heard cries of"Murder!" coming from Willow-street, which runs into Paul-street—I went to the spot, and saw the two prisoners running from the bottom of Willow-street towards me—I am sure they are the men—I stopped them both on the pavement, and asked what they were running for—they first denied running at all—I said, "You cannot deny running when I stopped you running, and this constable behind me saw you running as well—what is it about?"—they said they did not know, they had done nothing—I took them back to where I saw Mrs. Lindon going towards her home—she instantly pointed to Butler, and said, "That is the man that knocked me down, the other is the man who put his hand over my mouth, while Butler tried to get my watch; they got it off all except two or three threads"—she identified them both instantly—Harrington was present, close behind me at the time—I took them to the station.
Cross-examined by MR. PARET. Q. What have you there? A. A watch in a pocket fastened to a petticoat—I was not walking with Harrington—our beats are one on each side of Paul-street—there are generally two policemen in that street—I have been in the police twelve years—the prosecutrix lives in a respectable house—the prisoners were running in a direction from tin prosecutrix—there might be three or four more persons there.
Cross-examined by MR. PAYNE. Q. Where was Mrs. Lindon when you got up to her? A. Within three or four doors of her own house—she now lives as cook at the Hungerford Tavern, Hungerford-market—I did not hear her say she could not tell whether Dipper was one of them—I did not see her asleep at the station—I did not awake her up—she might be a quarter of an hour or twenty minutes there, while the charge was being taken—she had not time to go to sleep—she had to give the charge—Willow-street may be 200 yards long—there is a court close to her house—Butler was running first-Dipper was a yard or two behind him—I took hold of both at once.
MR. PLATT. Q. Were you in the station all the time the charge was being booked? A. Yes—if she had gone to sleep I should have seen her.
THOMAS HARRINGTON (police-constable G 204.) On Thursday morning, the 15th of Oct., I was near Cross—I heard a cry of "Murder!" and followed him to Willow-street—on turning the corner he was ten or twelve yards before me—he stopped and laid hold of the two prisoners, and asked what they were running for—they said they had not been running—we took them back about twenty yards, and met Mrs. Lindon—she said, "Some one has knocked roe down," and pointing to the prisoners, said, 'o Oh, those are the two vagabonds—she identified them as the parties.
Cross-examined by MR. PARRY. Q. How many other persons were there in the street? A. I saw no one else for some minutes after—I have been ten or eleven years in the police.
Cross-examined by MR. PAYNE. Q. Were you in the station when the
charge was made? A. Yes—I swear Mrs. Lindon did not drop asleep there, but she almost fainted—she said she had been kicked about the legs—I did not see her go to sleep, nor did I call out to awake her.
WILLIAM BEAUMONT (police-constable K 298.) I produce a certificate of Dipper's former conviction, from Mr. Clark's office—(read—Convicted, Feb., 1846; confined six months)—I was at the trial—he is the person.
BUTLER— GUILTY . Aged 18.
DIPPER— GUILTY . Aged 20.
Transported for Seven Years.
(There was another indictment against Butler.)
NEW COURT.—Saturday, October 31st, 1846.
Sixth Jury, before Mr. Common Sergeant.
2060. JOHN ROBINSON was indicted for stealing 1 pewter pot, value 11d., the goods of Charlotte Meguin; also, 1 pewter pot, 1s. 4d., the goods of Matthias Walter; and that he had been before convicted of felony; to all which be pleaded
GUILTY .** Aged 54.— Transported for Seven Years.
2061. JOSEPH KEDGE was indicted for stealing 1 railway truck-sheet, value 4l., the goods of Benjamin Worthy Horne and another:— also, 1 sack, 6d.; and 171bs. weight of rope, 5s.; the goods of Benjamin Hicklin and another: and that he had been before convicted of felony: to all which he pleaded
GUILTY . Aged 28.— Transported for Seven Years.
2062. HANNAH KEEFE was indicted for stealing 1 purse, value 1s.; 1 half-sovereign, 3 half-crowns, 1 shilling, and 1 sixpence; the property of James Jenks, from the person of Louisa Jenks; to which she pleaded
GUILTY . Aged 18.— Confined Six Month.
2063. GEORGE STODDART was indicted for stealing 60 sovereigns, 20 half-sovereigns, 2 crowns, 30 half-crowns, 635 shillings, 590 sixpences, and 25l. bank notes; the monies of David Le Boutillier, his master: also, 3 shawls, 1l. 10s.; 1000 yards of ribbon, 25l.; 30 neckerchiefs, 6l.; 30 pairs of gloves, 1l. 10s.; 5 handkerchiefs, 10s.; 8 pairs of mittens, 3s.; also, 50 yards of mousselin-de-laine, 2l.; 2 scarfs, 1l.; 8 shawls, 3l.; 2 collars, 3s.; 32 pairs of gloves, 1l.; and 55 yards of ribbon, 10s.; the goods of David Le Boutillier, his master: to all which he pleaded
GUILTY . Aged 24.— Transported for Seven Years.
Cross-examined by MR. DOANE. Q. How long had the prisoner been engaged by you? A. Nearly four months—I cannot state when I saw these things last—here is a mark on this napkin in my daughter's needlework—I swear this is mine—I am sure all the things are mine—most of them are marked.
Cross-examined. Q. Did she tell you where she lived? A. She told me
the street—she could not tell me the number—I went and enquired—her daughter lives in the next room, and she told me she lived there.
COURT. Q. Did you find the place from the prisoner's description? A. Yes—she told me she lived next door to the mangler's.
GUILTY . Aged 55.— Confined Three Months.
DANIEL WILLIAM KING . I am a whitesmith, and live in Denmark-street On Monday, the 19th of Sept., I met the prisoner at the Crown public-house, St. George's-in-the-East, and went with her to another public-house, and then to another house—she put her arms round my waist, and wanted me to go into another house—she then ran off, and I missed my watch—the guard was cut in two—I went to the station—the prisoner was taken the next night—I am sure she is the person—I had seen my watch not three minutes before—no one else had been with me, and no one else could have taken my watch—I was quite sober.
Prisoner. I had never seen him before he came to the station.
Witness. I am quite sure she is the person—I saw her in the station-house the next night, and knew her immediately.
Prisoner. The policeman put it in the prosecutor's head to say it was me.
GUILTY . Aged 22.— Confined One Year.
JOHN NEWBURY . I am foreman to Messrs. Thomas Joseph Ditchburn and Charles Ware; the prisoner was in their employ, and was at work on board a steam-vessel, A. 87—I have not missed any nails, they are such article! as can hardly be missed—some nails were produced by the officer, which are similar to those used on board vessels—I cannot swear positively they are my masters'—I believe they are—we had screws on board.
Cross-examined by MR. BALLANTINE. Q. Do you or do you not believe them to be theirs? A. There is nothing doubtful about them—there were such nails used on board the vessel—they are common tenpenny nails.
MARK ANTHONY LIDDLE . I am watchman at the East India Dock-gate. At six o'clock, on the 2nd of Oct., I stopped the prisoner leaving the Docks—I asked him what he had got concealed under his jacket?—he said, "Nothing"—I took hold of him and said, "You have something, I am sure"—as I was placing him inside he said, "It is only a few nails"—I drew from beneath his coat a pocket-handkerchief containing these nails and screws—he made a desperate effort to escape.
(The prisoner received a good character.)
GUILTY . Aged 25.— Confined Six Days.
RICHARD CANNANDINE, JUN . I live with my father, Richard Cannandine, of 21, Great Smith-street, Westminster—on the afternoon of the 28th of Sept. the prisoner, who is in his service, came into the back shop, and asked me to lend him some money—soon after John Harding came and asked me, in the prisoner's presence, if I had taken 2s. 5 1/2 d. off the side-table in the parlour?—I said, "No"—I asked the prisoner if he had been in the parlour?—he said, "Yes"—I asked if he had seen the money?—he said, "No"—I said, "You must go down into the parlour," and I asked him if he had any objection to my searching him?—he said, "No"—he began searching himself—he found nothing—I then searched him, and found 2s. 9d. in his fob pocket—I said, "If you had no money, what is this?"—he said, "3 1/2 d. is mine, the other is yours; I took it off the side-table."
Prisoner. I saved up 2s. 9d. to buy some clothes.
JOHN HARDING . I am in the prosecutor's service. My mistress told me to mind the shop—a lady asked me the price of four window-curtains—they came to half-a-crown—the lady said she had only 2s. 5 1/2 d.—the money was laid on the corner of the parlour table—I missed it—I saw the prisoner in the room—no one else could have taken it.
Prisoner. I asked for 6d. to get something to eat, as I did not like to break into my money that I had saved,
GUILTY . Aged 24.— Confined Three Months.
ALEXANDER PETRIE. I am a sack-manufacturer, and live in St. George's-street, St. George's-in-the-East. The prisoner was in my employ—on the 24th of Oct. I gave out 6l. to settle with my work-people—the prisoner presented an account to me of what she had paid—she stated she had paid Jane M'Guin 7s. 4d., Ann Buckley 8s. 8d., Sarah Fousee 7s. 4d., and Ellen Collins 4s. 8d.—if she has not paid them that she has kept it—that was what I gave her the money for.
Cross-examined by MR. HORRY. Q. In the course of business the prisoner had to attend to some of your manufactory? A. Yes; I gave her the sack-work, and she gave it out to do—she had paid the people for some time—I never knew that she charged too much against herself—there has been no mistake in the account.
GUILTY . Aged 42.— Confined Six Months.
PATRICK M'GOUIGLE . I am a cabinet-maker, and live at Hoxton. On the 27th of Oct. I met the prisoner about two o'clock in the morning, in King-street, Smithfield—I had been drinking gin—I was knocked down with a violent blow on my eye, and robbed of my pocket-handkerchief—this is my handkerchief—I had about 2s. 8d. in money.
over the prosecutor—I suspected him and watched him—I saw him lift his hand and strike the prosecutor on his head—a countryman came to try to lift him up, and while he was doing that the prisoner was pulling him down—I saw him take a handkerchief out of his pocket and put it into his own trowsers—J found an officer, and he took the prisoner.
Prisoner. I never knocked him down; when I came up he was lying on his back.
GEORGE COOPER (City police-constable, No. 279.) I took the prisoner—I found this handkerchief in his trowsers' pocket—he was standing close to the prosecutor—the prisoner appeared to be drunk, but when he got to the station he was not—Mr. Withers and the other man both stated that they saw him knock the prosecutor down and rob him of his handkerchief, but the other mm is not here.
Prisoner. I picked up this bit of rag about four yards before I got to the prosecutor.
GUILTY .† Aged 18.— Confined One Year.
2071. JOHN EDWARDS and MARTHA GREEN were indicted for stealing 56lbs. weight of sugar, value 2l. 8s., the goods of Henry Leighton Mayo Hawthorn, the master of John Edwards; and RICHARD GREEN for feloniously inciting them to do and commit the said felony, and feloniously receiving the said goods, knowing them to have been stolen; to which
JOHN EDWARDS pleaded GUILTY . Aged 25.
RICHARD GREEN pleaded GUILTY . Aged 35.
Confined Three Months.
MR. HUDDLESTON offered no evidence against Martha Green, who was accordingly acquitted.
SUSAN CLEWLEY . I am the wife of Daniel Clewley. The prisoner was in my service—she never paid me this 1s. 2d. on the 19th of Sept., the 1s. 2d. on the 26th of Sept., or the 1s. 1d. on the 3rd of Oct.—I spoke to her about it—she admitted she had not paid the money, and said she had not received the whole of it—she ought to have paid it me at the time she received it.
Prisoner. She cut me short, from 8s. a week to 5s. Witness. Yes, the latter part of her lime she had 5s. a week, as she was what we call in our trade a pitcher, to deliver the milk only.
Prisoner. I am not guilty of the whole charge; what I had I acknowlege to; I am willing to pay her out of the wages due to me; she owes me 5s. all but one day.
. Aged 21.—Recommended to mercy by the Prosecutrix Confined Two Months.
JOHN CALF . I keep the Round Table public-house, in St. Martin's-court, Leicester-square. On the night of the 24th of Sept. the prisoner slept in a bed in my house—soon after he was gone the next morning, I missed a diamond brooch—I had worn it the day before, and left it in my shirt in my bed-room—this now produced is it, it is mine.
Cross-examined by MR. HORRY. Q. Where had you worn it the day before? A. In my shirt-bosom, in my own house—I took my shirt off at night, but did not put it on the next morning—I had the brooch safe in my shirt when I went to bed—it was safe in the shirt when I got up the next morn ing, at half-past eight o'clock—I saw it in the shirt on the chair when I was dressing—I missed it about a quarter-past nine—the prisoner slept on the same floor as me—I did not see him leave.
Cross-examined. Q. Had you had other persons there before? A. Yes, and several afterwards—the prisoner said he had found it—I said I was bound to detain it, as it was a valuable brooch—he offered it for 3l.—it was worth 7l. or 8l. at least—he did not seem to know the value of it.
GUILTY . Aged 26.— Confined Nine Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 24.— Confined Nine Months.
GUILTY. Aged 56.— Judgment respited.
JOHN WEBB . I am boatswain of Nicholson's-wharf. I went after the prisoner, and found him in a public-house—I said I suspected him of stealing a jacket—he said, "I will show you where it is"—I went to get an officer, and when I came back our officer said he had got the jacket.
Prisoner's Defence. I was at work, taking herrings in and out; I did not take the jacket; I saw no signs of it.
GUILTY .* Aged 22.— Confined One Year.
JANE GUANZIROLI . I am the wife of Giuseppe Guanziroli—the prisoner was in my service. On the 7th of Oct. T missed two sovereigns out of my purse in my parlour cupboard—the last time I had opened my purse was at eleven o'clock the night before—I had the key of the cupboard in my possession till about eleven o'clock the next day—this must have occurred between eleven and one o'clock—the prisoner was the only person who had access to my parlour—I left her there for about twenty minutes—I am sure the other servant was down stairs—she had not been up stairs during the whole of the day—in consequence of suspicion, I went into the prisoner's bed-room on Thursday, the 8th of Oct.—I searched in every part—I afterwards examined her bed, and found her pocket under the pillow, and in it were two sovereigns, wrapped up—that was exactly the money I had lost—I called the prisoner down into the counting-house, and spoke to her about it—she said she knew nothing about it—I told her I had found two sovereigns in her pocket—the said it was her own, and she did not take it—I bad talked to her about money the same morning, and she said she had not a sovereign in her possession, and had not had 1d. to pay the postage of a letter since she bad been a my service—my husband is at Scarborough.
Cross-examined by MR. O'BRIEN. Q. You had seen that money in the parse on the Tuesday evening? A. Yes—about eleven o'clock I locked up the purse in the cupboard—I did not examine it till about one o'clock on the Wednesday—it must have been quite one o'clock before I opened it—I tben found two sovereigns were missing—I have five children—the eldest is not seven years old—we have three men in our employ—they are about the house, but have no access to my parlour—my brother-in-law is in the house, but be does not sleep nor breakfast there—when I missed the sovereigns I did not say anything to either of my other servants—on Thursday morning I had some suspicion and looked into the prisoner's room—I then found some tea—it was on Friday that I went up, I locked the door, and found the two sovereigns in the pocket—the prisoner was my nurse, and had been with me three weeks—she was to leave on the Saturday or the Saturday week—when these sovereigns were found she told me they were her own—I gave her the pocket back with the sovereigns in it after she was in custody—I had not a character with her, I had a recommendation from a person who knew her.
BRIDGET DUGGIN . I am in the prosecutor's service—the prisoner talked with me about her money—the first conversation was in her bed-room—she said if she had 1s. she would have her bonnet cleaned—I said if she asked her mistress she would let her have one—she said she did not like that, having been so short a time—on the night before she was accused she said she would buy herself a decent winter bonnet, and get her cloak out of pawn—I said a month's wages would not do that—next morning she came down and said mistress had locked the bed-room door, and she could not get in—I said, "What of that?"—she said, " I had a sovereign or two in my pocket, and I am frightened that my mistress has found it"—she said, "If anything is saw about money, you stick up for me"—I said, "What do you mean?"—she said, "Say that I told you I had some money, and did not like to change."
Cross-examined. Q. Do you know whether she asked her mistress for any money? A. No—she and I have been very good friends—I do not know the cause of her leaving—I think mistress gave her warning.
GUILTY . Aged 31.— Confined Six Months.
MR. BALDWIN conducted the Prosecution.
Mrs. Morehouse's dairy—I send my children for it in the morning and in the afternoon the prisoner brought it round—she has been in the habit of supplying me in that way from three to four months—that included Sept.—I took a halfpennyworth of milk in the afternoon—sometimes my servant took it in—if I did not pay for it the day it was brought, I did the next day—I can positively state that I paid her as many as three times in the month of Sept. for the milk so delivered—I do not think I can mention any particular day when it was so paid—my children sometimes took it in, but it was always paid for.
CHARLOTTE MOREHOUSE . I am the wife of James Bissett Morehouse; we keep a dairy in Lisle-street, Leicester-square. I manage the business, as my husband is not in a lit state to attend to it—the prisoner was in my employ for about a year and a half—she was so during the month of Sept.—it was her duty to go to the barn, milk the cows, come home, and go round with it, and also in the afternoon—it was part of her duty to receive money from customers for milk, and account for the money she received and the milk she delivered, always once a day, and more frequently twice a day—she never accounted to me for any milk sold to Mrs. Ghagan—her name was never mentioned—I was not aware she was a customer—I never had any money as from her—there was no other person to whom the prisoner ought to account—I always booked the milk.
Cross-examined by MR. DOANE. Q. I suppose you used to settle every evening with all your servants? A. Yes—the prisoner had milk to take out—she had not a certain quantity—we did not know to a quart or three pinto—I never examined the milk the servants brought back—they did not bring six quarts back—I did not find any milk wanting on the 1st, 2nd, or 3rd of Sept.—if we did not measure it out, we could not miss it—there might be thirty or forty accounts on those days—I looked into the prisoner's box with a witness—the gold found in that box was counted by another person—I took possession of it—the prisoner did not summon me—I attended before the Magistrate in consequence of a message from him—I had to refund the money—it was 6l. 14s.—I had before told the prisoner I had these charges—I did not make any charge about it before the Magistrate—I did not wish the trouble—I did not take any money from any other servant—I have my books here.
COURT. Q. Did the prisoner give you the names of the customers she served? A. Yes, the names are all on the books—it was her duty to tell me of every customer she served.
JURY. Q. Have you any names on your books of persons who pay daily? A. Yes, all my regular customers are down—she ought to account for casual customers also.
NOT GUILTY .
Fourth Jury, before Mr. Common Sergeant.
MR. PRBNDERGAST conducted the Prosecution.
HENRY TOYNE . I live in Shoreditch, and am a hosier. The prisoner was in my employ—I missed a considerable quantity of articles from my shop, and determined to search his boxes—I went to the station and got a policeman about half-past eleven o'clock at night on the 5th of Oct.—the prisoner was in bed—I went to his bed-room, accompanied by the officer—I said, "Fisher,
I have been missing stock a long time, I strongly suspect you, it makes me so uncomfortable, that I determined to call in the police"—I asked which were his boxes, and he told me—the first thing they showed me was a shirt, marked 4s., which was taken from a hat-box—that shirt had certainly farmed a part of my stock—I had marked it with my own hand—I had never sold it to the prisoner—he had no right to have it there—we found twenty-three or twenty-four other shirts and thirty-eight pairs of stockings (I suppose about ten or twelve pairs of them were quite new) and some gloves—the new stockings were such as I had in my shop, but they had no mark by which I could swear to them—I had never authorised the prisoner to take any articles from iny shop, except he bought them of me—I said, "This shirt is marked 4s.—this is one of my shirts"—he said, "I took it out of stock, and put the money in the till the next day"—the shirts were all dirty—he did not addren me about them, but 1 think he said to Teakle, "You saw them when yoa searched my boxes before/' or something like that—I had occasion to mike a search before, in consequence of a female servant being dishonest.
Cross-examined by MR. BALLANTINE. Q. I believe you had the boxes of the other servants searched at that time? A. We had, Sir—I think it is about three years ago—the prisoner had been living with his aunt, Mrs. Coventry—she kept a linen-draper's shop—I went to her after I discovered this theft—I did not say the prisoner had absconded, robbing me of 200l.—I had missed nearly 200l.—to the best of my knowledge I did not say he had robbed me—I do not know that he is a person suffering from scorbutic disease—I have seen it in his face, that is all—I did not send him to my own doctor—I do not know whether these shirts bear the marks of having been worn by a scorbutic person—they are in a very filthy state—I had never been in the habit of drinking with the prisoner—we have never been to a public-house together—my young men are entitled to buy things in the shop at prime cost, (the cost price of this shirt was about 35. 6d.,) but they are bound to mention it to me—I owe the prisoner one quarter's salary—he had 15l. a year, with board and lodging—he was told when he wanted money to ask for it—it was always given him.
MICHAEL CONWAY (police constable H 7.) I was applied to by Mr. Toyne—I went with him into the prisoner's room—the prisoner pointed out his boxes—I found in a hat-box three shirts—one of them is this marked one, which was identified by Mr. Toyne as his—the prisoner said he bought that shirt over the counter, and put the money into the till—I found in mother box eight shirts, a flannel shirt, eight pairs of stockings, five pairs of gloves, and two new socks—I was there when Teakle found the other things in another box—there were twenty-five or twenty-six shirts, thirty-eigto pairs of stockings, and five pairs of gloves found—they are all here.
GEORGE TEAKLE (police-constable H 8.) I went with Mr. Toyne into the prisoner's room—I found a box, which was locked, which the prisoner pointed out—he said he had lost the key—he could not find it, and I broke the box open—I found in it twelve shirts and thirty pairs of stockings—they had all been worn, but the greater portion not washed—I found a handkerchief in a cupboard at the end of the shop.
Cross-examined. Q. You had, I believe, searched the prisoner's box before? A. Yes, about two years and a half ago—the box was then three parts full of rags, but I did not examine them—it was the same box—I cannot say whether these things were in it then—I did not then notice any stockings or shirts—they appeared to be loose rags, and dirty—I only took up one or two pieces—on the last occasion the box was fuller than it had
been before—the things were in a state not fit to be touched, arising from disease.
MR. BALLANTINE called
ANN COVENTRY . I am the prisoner's aunt. I brought him up from six years old—his parents died when he was young—I kept a linen-draper's shop in Old-street, but I sold my business two years ago last Sept.—the prisoner used to make out my bills and receive money—I know he had a disease—I have given him linen, and trowsers, and gloves, and lavender-gloves when my brother was married—I have given him shirts—when he went to Mr. Toynes he had a good many—I should know the old shirts, and the gloves I should know in a minute—the white gloves and the lavender ones I gave him when my brother was married—I believe I gave him the whole of these gloves—when he came to my place I used to say, "Jack, you shall have a clean pair of gloves"—I believe these shirts are our girls' making—the girls are in the country now, but I think I can with a clear conscience swear to these being their work—I know that these dirty shirts belonged to us, and are what I gave him—he had a box full—I did not count how many shirts he had—I gave him half-a-dozen new shirts and four long night-shirts—he had stockings from me.
MR. PRENDERGAST. Q. But it was four years and a half ago you gave him them, was it not? A. Yes, I do not know whether they might have got washed—I never gave him so many as thirty pairs of stockings—the shirts were not marked in any particular way.
(The prisoner received a good character.)
GUILTY. Aged 25.—Recommended to mercy by the Jury. — Confined Six Months.
(There was another indictment against the prisoner.)
JAMES SAUNDERS . I live in Little Lisle-street, and deal with the prisoner for milk—I know her master—it was the prisoner's practice to call on me every afternoon—she did so through the whole of Sept.—she called on the 6th, 7th, and 8th of Sept.—I have paid her a halfpenny a time—I have sometimes owed her from one day to another, but 1 always paid her—I owe her nothing.
Cross-examined by MR. BRIERLY. Q. It might run for two or three days? A. Sometimes it did—sometimes she may have forgotten a day, and I too—two or three days might elapse without my having any at all—I cannot swear that on the 6th, 7th, and 8th of Sept. I received milk of her and paid the money.
NOT GUILTY .
2081. WILLIAM STEEL was indicted for stealing 1 watch, value 1l. 4s.; 1 watch-chain, 6d.; and 1 watch-key, 6d.; the goods of Gowan Bruar: and JAMES O'NEIL for feloniously receiving the same, well knowing them to have been stolen; against the Statute, &c.; to which
STEEL* pleaded GUILTY . Aged 16.— Confined Six Months.
GEORGE FERRIS (police-constable D 112.) I saw the prisoners together on the evening of the 9th of Oct.—they had a sack in their possession—I took them to the station, and received information about the watch.
MARY ASHBEE . I saw the prisoners at the station—O'Neil said he knew nothing about the watch—Steel said before O'Neil that he had given it him to sell because he could make more money of it than he could, and that he (Steel) had stolen it—O'Neil laughed at it—he made no reply.
O'NEIL— NOT GUILTY .
OLD COURT.—Monday, November 2nd, 1846.
Third Jury, before Mr. Common Sergeant.
2082. JOHN HARMER was indicted for robbery (with another person) on Frederick White, putting him in fear, and stealing 1 watch, value 5l., his goods, and beating, striking, and using other personal violence to him, and that the prisoner had been before convicted of felony.
MR. BALDWIN conducted the Prosecution.
FREDERICK WHITE . I am a druggist, and live in Gloucester-terrace East, Commercial-road. On the 4th of Oct., between one and two o'clock at night, I was going home—I was sober—I had been drinking—I was knocked down by the prisoner and another person running violently against me, and jostling me—I put my hand to my waistcoat-pocket, to save my watch—it was immediately dragged from my neck by one of the parties—I got up and ran towards my own house, immediately returned, went across the road, and the prisoner, who is the person who took my watch, was secured—I did not lose sight of him till he was apprehended—the other escaped.
Cross-examined by MR. O'BRIEN. Q. Did both knock against you? A. Yes, one on each side—it was just at Gloucester-terrace, where 1 live, in the public street—there was a lamp just across the road—I did not lose sight of the prisoner—I was close to his heels—he turned down the street, and crossed the road—the constable stopped him while I was following him—if I lost sight of him it must have been the very instant that he was on the other side of the road—I certainly did not lose sight of him more than once—I was thrown on my back a moment.
MR. BALDWIN. Q. How far was he taken from where you were robbed? A. About 100 yards.
GEORGE SEAMAN (police-constable H 158.) On the 4th of Oct. I was on duty—White was two or three yards down Gloucester-terrace, calling, "Stop thief!"—I ran towards him, and saw the prisoner running in front of him—directly he saw me he cut right across the road, up Nelson-street—I followed him, and saw him stopped by Young—nothing was found on him.
Cross-examined. Q. How far were you from White when he called out? A. About 150 yards—I saw nobody running but him and the prisoner.
ROBERT YOUNG (police constable K 126.) On the morning of the 5th of Oct. I saw the prisoner running across the road—when I got within four yards of him I heard something thrown behind him—I stopped him, and then went to the spot and picked up this watch.
GUILTY . Aged 23.— Transported for Ten Years.
2083. HENRY RILEY was indicted for stealing 1 gelding, price 18l.; 1 cart, value 10l. 10s.; 1 set of harness, 1l.; 2 cushions, 6s.; and 1 whip, As.; the goods of Samuel Hughes Atkinson: and 3 coats, value 2l. 5s., the goods of our Lady the Queen.
SAMUEL HUGHES ATKINSON . I live in Manchester-street, Gray's Inn-road. On the 2nd of Oct., about seven o'clock, I took some goods in a cart to St. John's-wood-barracks, and delivered them to the sergeant-major—when I came back, the cart, and harness, and several things were gone—I did not leave any military coats in the cart.
DANIEL SUGG (police-sergeant H 17.) About a quarter after ten o'clock I received information, and found a horse and cart in Rosemary-lane, White-chapel, driven by the prisoner, who was in it—he stopped at the corner of Dock-street—I asked him whose horse and cart it was—he said his brother's—I found two military great-coats in it, and he had one on his back—he had been drinking—Atkinson saw the horse and cart, and identified them.
Cross-examined by MR. DOANE. Q. You did not see him till he got towards the docks? A. No.
DANIEL HILMAN . I am a sergeant in the Grenadier Guards. The prisoner was in the regiment—these coats belong to two of our men, and the other to the prisoner, and were in the passage of the barracks—the prisoner must have taken them out.
Cross-examined. Q. I believe the prisoner was born in the regiment? A. Yes—he is given to drinking—I had not given orders to have the cart brought to the barracks—it had brought some skettles there, and Atkinson had to go to the sergeant-major after delivering them.
JOHN WHITE . I live in Chambers-street, Whitechapel. I saw the prisoner driving the cart in Rosemary-lane—he called to a man, and asked a Jew to buy some military great-coats—I asked him how he became possessed of them—he said they were all right—I said, "It is not, they belong to the ordnance"—he said it was all right, and he could sell them—I turned round, saw the police-sergeant, and gave him in charge.
GUILTY of stealing the Coats only. Aged 27.— Confined Nine Months.
JOSEPH STOTT . I am a grocer, and live at Old ham, in Lancashire. On the 4th of July, between ten and eleven o'clock at night, I was in Hyde-park—I had only been five days from the country—I met George Webb, who has been tried and convicted—I walked with him a little way—(when I came to the gate there was a man on the other side—I asked him the way to Baker-street—he directed me)—while we were walking in the park, Webb whistled, and four other men came up—it was by the shrubbery—the prisoner seized me by the coat in the park, and demanded my money of me—I am certain he is the man—I told him I would not give it him—I put up my stick, and said I would strike them if they did not let me go—they did let me go, and when we got to the gate I got over it, and met a man outside, and asked him the way to Baker-street—he directed me—I got to Blandford-street—I went to East-street to get some tobacco, and as I returned I went into a) public-house—Webb came in, took up the pint pot, and drank—I went out, and when I got out he gave a whistle again, and said he would charge me with an
unnatural crime if I did not give him money—I went to my lodgings, No. 4, Blandford-mews—the policeman came there, and took me in charge—I was taken to the station-house, and there Webb charged me, in the prisoner's presence, with an unnatural crime, or something of that sort—there is not a tittle of truth in it—the prisoner said the same, that I had offered to commit an unnatural crime with Webb—the prisoner was the witness—they did not appear at the office on Monday, and I was released—I swear that when the prisoner gave the whistle he demanded my money, and collared me by the coat—I had gone to the Serpentine river at five o'clock, and stopped till the men bad bathed, and then I got lost.
(The prisoner here persisted in charging the prosecutor with committing certain acts of indecency, which the prosecutor positively denied.)
THOMAS SKINNER (policeman.) I took the prosecutor to the station-house—Webb charged him with indecently assaulting him—the prisoner was there, and said the prosecutor had done so, that he saw him—he was to attend on Monday, but did not—I went after the prisoner, and apprehended him at Tunbridge Wells.
Prisoner. The prosecutor did not deny the charge, but said one of us collared him. Witness. He said two of tbem had collared him—he was confused; he had come up to London to be cured of a fistula.
WILLIAM CLUBB . I took the prisoner in charge—he made this statement before the Magistrate—(reading)—"About fifteen or sixteen weeks ago next Saturday night, I was in Hyde-park with George Webb and three others; we were coming from Knightsbridge-gate just as they were being closed, about eleven o'clock at night; when George Webb went to ease himself, a gentleman came up to him; they went towards a small shrubbery, and I was easing myself; I saw the gentleman undo Webb's trowsers they then shifted near to an elm-tree, when me and the other three came up they both bad their trowsers down; we asked them what they were doing; the gentleman said, 'Nothing;' we said to Webb, 'Give him in charge;'one of my companions caught hold of him by the collar, and said he would take him to a policeman; he said he was willing to be given in charge; another gentleman and a female came up and asked what was the matter; the first gentleman then said he would knock down the first of us that offered to touch him; we all then got over the gate together, and when he saw the policeman in the Bays water-road, Webb, the two gentlemen, and the female, went into Connaught-square, and to Glo'ster-place, where they parted; Webb and the gentleman went into a public-house in Blandford-street, and treated him; we watched him home, and gave him in charge to a policeman on the beat, and I went to the-station-house in Marylebone-lane and signed the charge; on the Sunday, I, Webb, and the two other witnesses, met, and we parted about eight o'clock in the morning; Webb said he would go home to his mother's; I and the others went to Westminster, drinking, when one persuaded me to come into the country with him; we kept together a week, and I left him at Yalding, in Kent."
Prisoner. On my oath that is nothing but truth, if I leave the country this moment; I understand he has been guilty of such tricks before.
GUILTY . Aged 28.— Transported for Seven Years.
MARTIN CONNOR . I am a mason, and live in Lavender-place, St. George's in the East. On the 1st of Sept., about half-past six o'clock in the evening, I was setting some stones in Stepney-causeway—I was measuring with a rule—the prisoner came and asked if he was to go to work there—I said, no; to go back to his own gang—he came back in about five minutes, while I was measuring the footway, and asked if he was to go to work—I said, "Go away, or I will give you a slap on the shoulder"—he took up a brickbat, and
was going to hit me—I told him if he struck me I would put him where they would fine him—he said, "You b----y old b----r, I will have your blood before I go home"—at half-past eight o'clock I was going home, down the Back-road—one of our men said, "We will go and have a pint of beer, and have no animosity together"—I said, "I owe him no animosity"—we went, and called for two pints of beer and half a pint of rum, but the prisoner would not drink—it was among six of us—we came out, and wished each other good night—as I turned out of the New-road the prisoner passed me, and said, "I promised you that, you old b——r," and hit me on the eye with a piece of iron like a chisel—I called, "Murder!" and "Police!"—he ran away—I' have entirely lost ray eye—I am sure he had some instrument in his hand.
Cross-examined by MR. WILD. Q. You said you would give him a slap? A. Yes—that was two hours and a half before—I received the blow at nine o'clock—I could not see what was in his hand, but could feel it was an instrument—I was fined once for violence, eighteen months ago, but had nothing to do with it—I have once been bound over to keep the peace towards one Foy, a stepmother of the prisoner.
JOHN CARWOOD WORDSWORTH . I am house-surgeon at the London Hospital. Connor was brought there—I saw his right eye nearly a month after this happened—he has lost the sight of it—I do not think he will recover it—it appeared to have been cut by some instrument—he was not under my charge at first.
Cross-examined. Q. Might it not have been given with the knuckles? A. If it had, I do not think it would have entered the eye altogether.
MICHAELDEMPSEY (policeman.) I found Connor bleeding from a cut on his eye—I was obliged to put him into a cab—he charged the prisoner with striking him on the eye.
(The prisoner received a good character.)
GUILTY of Assault. Aged 26.— Confined One Year.
MR. CLARKSON conducted the Prosecution.
JOHN CHARLES HENRY DELOLME . I am a watchmaker, and live in Rath bone-place. On the 16th of Sept. the prisoner came to my shop, and said he wanted some watches to show to a customer—he said, "I suppose you know who I am; I come from Jermyn-street; my name is Bruce"—I have had a customer named Bruce, sixteen or twenty years ago, a respectable jeweller, the father of the prisoner—he had lived in Cranbourn-alley—on the 18th he came again, in my absence—I was called down by my shopman, between one and two o'clock—the shopman said he wanted some watches again—the watches were selected, and a bill of parcels made out, but as I came down stairs I made up my mind not to let him have them—I said, "I cannot let you have these watches; I will send them to Jermyn-street"—he insisted on having them—he said he should not keep them long—I said 1 expected a customer who I wanted to show them to—he said he should only be half an hour; he was going to Fitzroy-square, to show them to a customer who was to select one—I was persuaded to let him have them to show his customer—he said he should be back in half an hour—I should not have parted with them for any purpose but for him to show them to a customer—they were worth 23l.—if I had known they were going to be pawned I should not have parted with them.
Cross-examined by MR. BALLAHTINE. Q. If he had brought you back the money you would have been quite satisfied? A yes there was no understanding
that he was to have credit—if he had found a customer he was entitled to deliver the watch to him, obtain the money, and deliver it to me—my shopman made me out a bill on the 16th, that on the 18th was not completed—I do not recognize this bill—it was not delivered to him in my presence—I only considered it a memorandum—I had not looked at it—it seems my assistant gave it him—I had made up my mind not to trust him—this is the amount I was to receive, not what he was to sell them for—if they had been sold I should have looked to him for the money—I heard that the mother still carries on the business, but had called the creditors together, and I did not intend him to have the goods—the mother denied any know-ledge of the transaction.
MR. CLARKSON. Q. Did he want three watches to sell? A. He had them merely to try to sell them—he did not say he would keep one for a certainty—he was only to sell one.
COURT. Q. What induced you to part with the property? A. Having known the father for many years as a respectable jeweller, and I did not hesi-tate to part with them at the moment, but I objected to give credit till I made further inquiry—the bill of parcels was not made out under my directions—it was made out previous to my coming down stairs—I did not direct that it should be completed—it is not a bill.
Cross-examined. Q. He was not the only gentleman living with her; who lived with her a fortnight before? A. I do not know—it is not a common brothel—it is a lodging-house, either single or married persons lodged there, not generally ladies—there is one male lodger named Lawrence—Miss Lawrence and Miss Hamilton are the same person—I cannot say whether Lawrence is Miss Hamilton's husband—I do not know that the women who lodge there are prostitutes—I have not a daughter living there, and never had—Mrs. Bayley is the landlady of the house, and is no relation of mine—she is my mistress—I cannot swear that there is no relationship between us—she is my daughter—it is a respectable house, for what I know.
JAMES PALMER . I am in the service of George Chapman, pawnbroker, of London-street. On the 23rd of Sept. I received this watch in pledge for 3l. from the witness Lawrence—I have seen the corresponding duplicate produced by Fowler.
ANN HAMILTON . I am single. On the 23rd of Sept. last I was living at No. 7, Buckingham-street—the prisoner lived there with me for a fortnight—we shared the same bed—I put the watch produced, pledged with Richardson, into Poore's hand, as she said she knew a lady who would buy it—the pri-soner had given it me—I did not give another watch to George Lawrence to pawn—the prisoner gave him that.
Cross-examined. Q. Do you mean Poore stole the watch? A. No—there is no doubt of the character of the house—I had met the prisoner by acci-dent the Sunday week before this.
GEORGE LAWRENCE . I sometimes live at No. 17, Buckingham-street. By the directions of Fowler I fetched a watch out of Ann Hamilton's bed-room and gave it to him—the prisoner had given me a watch to pawn, and I pawned it for 3l. at Chapman's.
from me, or my mother to obtain the watches from Mr. Delolme, neither on approbation or for any purpose.
Q. He was not living with the family? A. It was his home.
Cross-examined. Q. I believe he bad had 50l. a year? A. Yes.
HENRY FOWLER (policeman.) On the 26th of Sept. I searched the prisoner's lodgings, at No. 17, Buckingham-street, and found six duplicates, three of which relate to the watches produced—I produced them to the prisoner, and asked him if they were his property, and said he had authorized the parties to pledge the articles for him—after he was in custody he told me he had given a watch to Miss Hamilton—I afterwards received that watch from her brother.
JOHN SERGEANT (police-constable E 65.) On the 26th of Sept. I took the prisoner in charge, at No. 17, Buckingham-street—I asked him if he was living there in the name of Blunt—he said, "No"—Miss Hamilton said he was—I told him he must consider himself in custody for obtaining watches from Mr. Delolme by false pretences—he said, "Oh my God! I intended to give bills"—on the way to the station he said his credit was at an end, and that was the only way he had of getting a living.
Cross-examined. Q. You had made no observation to him about that? A. No.
J. H. DELOLME re-examined. He had the three watches, with power to select only one for the customer.
GUILTY .* Aged 35.— Confined One Year.
2088. CHARLES BLACKETT was indicted for stealing 1 handkerchief, value 3d., the goods of Sarah Turner; 1 time-piece and stand, 25l., the goods of William Spooner; and 1 other time-piece and stand, 4l., the goods of Julia Anna Williams, in the dwelling-house of the said William Spooner.
WILLIAM SPOONER . I live at No. 3, Chester-street, Pimlico. On Tuesday, 29th of Sept, about eleven o'clock, I saw my time-piece safe (the prisoner was employed painting my house)—I missed the time-piece next morning.
Cross-examined by MR. PAYNE. Q. I believe you found the glass case left behind? A. Yes.
CECILIA CROFT . I am housekeeper to Mr. Spooner. I saw the clock safe at nine o'clock on Wednesday, and missed it at eleven o'clock—I am sure nobody but the prisoner was in the house between nine and eleven o'clock.
Cross-examined. Q. Was not the door found open? A. Yes—I will swear the clock was safe at nine o'clock, and not merely the case—it was under the glass case, in the drawing-room—the prisoner did not come to fetch his clothes—he had taken them away on the day previous—there was nothing of his there—there were things of his master's—other people did not come to the house that day—two cabinet-makers did not sleep there—there was only me and my niece—Mr. Spooner slept there—no persons came to see me that day—six persons had been employed in the house before—there was nobody but the prisoner in the house to open the door—he must have unlocked it.
at half-past seven o'clock that morning—I missed it at eleven o'clock—it was in a different room to the other things—there was nobody in the house but the prisoner after I had seen it safe.
Cross-examined. Q. How many rooms are there in the house? A. Nine—I was in the kitchen when the prisoner was in the house—my aunt and her mother were also there.
NOT GUILTY .
GUILTY.—Recommended to mercy. Confined Six Months.
SAMUEL DICKS . I live in William-street, Lisson-grove, with Mr. Samuel Whatley. On the 7th of Oct. the prisoner was passing by—I saw her take a piece of bacon off the board, put it under her shawl, and go down the street, a few doors from the shop—I overtook her, and took it from under her shawl—this is it.
Prisoner's Defence. I never saw the bacon.
GUILTY .* Aged 65.— Confined Four Months.
MR. WYLD conducted the Prosecution.
JOHN HENRY FLORENCE . I am a distiller, and live in Angel-place, Skin ner-street, Bishopsgate—the prisoner was my town traveller in Jan. last, and authorized to receive money on my account—I received an order from Mr. Adams for four gallons of rum, which came to 2l. 4s., subject to a discount of 2s., in Jan. last, but the day the prisoner brought the order I paid him his commission on it in advance—he ought to have paid me the money when be received it—he was in my debt at the time—if he received the 2l. 2s. on the 16th of April, he ought to have paid me the same night or the following morning—he absconded about the 15th or 17th of April—I never saw him again till I met him on the 21st of Oct.
Cross-examined by MR. DOANE. Q. He was about six months with you? A. Yes—he received various sums on my account, and was paid for orders he obtained by commission—this is the agreement between us—he guaranteed twenty-five per cent. of the debts to me—he was in my debt for bad debts, which are all recorded in my books—he has latterly been in the habit of receiving many sums on my account for sales—he was not allowed to receive money without being furnished with a printed receipt from me—he had my receipt in this instance—I paid him the commission on the day the order was given, or in the course of the week—I believe he has eight children—most of them are grown up—I believe he did not earn above 10s. or 12s. a week, but it was bis own fault; he could earn 5l.—I do not know that while in my service he was endeavouring to get a situation in Buckinghamshire—when I met him he said he was going to Norfolk that very day about a situation he had a prospect of getting—he showed me some letters—I did not see the
contents of them—I came behind him in Holborn—he walked with me to my counting-house, as I said I should give him into custody if he did not—I asked him if he had got anybody to assist him to pay what he called his defalcations—he said he was sorry for his defalcations; somebody in the conntry was raising a subscription for him, but if they knew it was for this purpose they would not raise it, but he would write a letter to say the money was to be paid to me—I gave him in charge.
MR. WYLD. Q. Had not you had some conversation with him before he left, about money which had been received? A. Yes—when I met him he did not mention the sums; he said his "defalcations."
GUILTY. Aged 46.—Recommended to mercy by the Jury and Prosecutor.
Confined Three Months.
GUILTY . Aged 15.— Confined One Year.
GUILTY .— Confined One Month.
GUILTY . Aged 15.— Confined Two Months.
GUILTY . Aged 39.— Confined Two Months.
JOSEPH BATES . I am in the service of Richard Burnett and another, of the Piazza, Covent-garden. On the 27th of Oct., about seven in the evening, I missed a pile of cloth from inside my door—I had seen it safe twenty minutes before—this is it.
THOMAS WINKWORTH . About seven o'clock in the evening I was passing ong the Piazza, and saw a man going along with a roll of cloth with a large ticket hanging to it—I stopped my cart, and gave information—he crossed
Covent-garden-market—while I was telling a young man, the prisoner came along with the roll of cloth, and was secured.
Prisoner. Am I the person you saw first? A. I do not know, but you were taken within two yards of me, and threw the cloth down, and were brought back without a hat.
Prisoner's Defence. I met a man in Maiden-lane, who gave me half-a-crown to carry it.
GUILTY .— Confined One Year.
GUILTY . Aged 60.— Confined Four Months.
JOHN EAST . I am a bricklayer, and live at Westminster. I was pasting the shop—Mrs. Brunswick pointed out the prisoner running away with the clock—he was five or six yards from me—I am sure it was him—I followed and gave him in charge—he got rid of it while I was pursuing him.
Cross-examined by MR. O'BRIEN. Q. You did not overtake him, did you? A. After he got rid of it I got up to him, walked a few steps with him, and then he took to running again—I did not speak to him, but walked within a yard of him at one time—he got round the end of the street, I and then run—I ran after him and lost sight of him for a few minutes—when I first saw him his back was towards me—he ran into a public-house—I took an officer, and gave him in charge.
Cross-examined. Q. Where were you? A. On the opposite side of the Way—I had never seen him before—I was taken to see him when he was in Custody—I know he is the man.
GUILTY . Aged 22.— Confined One Year.
WILLIAM KALE . I am a clerk, and live in Token-house-yard. On the 24th of Oct., about one o'clock, I met the prisoner in Norton Folgate—I was not quite sobers—we went to a court in Worship-street, had not been there more than a minute before I felt a tug at my pocket—she immediately said, "There is a policeman"—I looked, but saw none—I turned my head—the prisoner was running away very fast—I ran after her, I had a very bad knee, and told her if she would give me the money back I would give her half-a-crown—she wanted to know how much I had lost—I missed 13s. or 14s. from my breast coat pocket, one half-crown and the rest in shillings—I walked with her, overtook a watchman, and gave her in charge—she directly dropped a shilling—the watchman said he would rather not take her in charge—he walked by
her side till we came to a policeman—on going towards the station she dropped more money.
Prisoner. You gave me 3s. Witness. I did not give you any money.
JOHN SMITH . The prisoner was given into my custody in Long-alley—Kale gave me a shilling, which he said she had dropped before I came up—I found another shilling in her left hand—she said, "That is the only shilling I have"—on the way to the station 7s. fell from her, which Roberts took up—I had hold of both her hands, and two other shillings dropped from her.
Prisoner. Q. Might It not have dropped from the prosecutor instead of me? A. It dropped from you—he was at a distance from the place.
Prisoner's Defence. It was dark—they could not see who dropped it.
GUILTY . Aged 29.— Confined One Year.
JAMES MUCKATT . I am in partnership with James Puckle, in High-street, Shoreditcb. The prisoner was in our employment as mattress-maker—I received information and found Mr. Carr bad sent to buy 1 cwt. of flock—the prisoner was distinctly prohibited from selling any flock—I charged him with stealing it—he said he knew nothing about it.
WILLIAM HENRY WHITTLE . I am fourteen years old, and work for Mr. Carr, chair-stuffer, Bethnal-green. I was sent to Mr. Puckle's for 1/4-cwt. of flock—I bought it of the prisoner, and paid him 3s. for it, and went again for another quarter.
GUILTY .— Confined Six Months.
PARSEMOINO GABRIEL (through an interpreter.) On the morning of the 28th of Oct. I met the prisoner, went to a room, and went to bed with her—I had four sovereigns and 14s. in my pocket—I awoke about five minutes after I went to bed—the prisoner was gone and the money from my coat pocket.
SIMON JOHNSON . I keep this brothel, which is in Victoria-place. The prisoner and Gabriel came to my house—in five or ten minutes after they went to bed, he came down and complained of being robbed—nobody had been with him but the prisoner.
GEORGE PEPPERALL (policeman.) Gabriel complained to me, and showed me the house—I found the prisoner in the next room to the one they had been in—I asked her if she knew Gabriel—she said, "No," he had not been with her—I asked her where the girl was who he had been with—she said she was gone out—then Johnson said the prisoner was the girl, and nobody else had been with him—I searched the bed, and found 14s. wrapped in paper—she said it was her own money—she afterwards said Gabriel had given her a sovereign to change and she had kept 14s.
Prisoner's Defence. He asked me to change a sovereign, and said he would give me 5s.—he had 14s. left—I took them out of his pocket, and put them there for safety—I meant to give them to him in the morning.
GUILTY .*— Confined Nine Months.
2102. THOMAS HALLAGAN was indicted for stealing 4 sheets, value 14s.; 4 shifts, 12s.; 1 gown, 7s.; 1 frock, 2s.; 1 bed-tick, 5s.; 1 bed-gown, 5s.; 1 shirt, 2s.; 1 pair of trowsers, 5s.; 2 pillow-cases, 2s.; 2 pin-afores, 3s.; 1 table-cloth, 3s.; 1 table-cover, 2s.; 1 petticoat, 1s.; the goods of Sarah Jane Hinds, his mistress; and PHŒBE PRICE for feloniously receiving the same; to which Hallagan pleaded
GUILTY . Aged 13.— Confined One Month.
SARAH JANE HINDS . I keep a mangle, and live at Felix-cottage, Liver-pool-road, Islington—Hallagan was in my service. On the 8th of Oct., between eleven and twelve o'clock, I sent him with a bundle, containing the articles stated, to Mrs. Laurence, No. 12, Prospect-place—they had been brought to me to be mangled.
WILLIAM HARRISS . On the 8th of Oct. I went to Bayliss's lodgings—the prisoner Price was in the room with her—I found a quantity of the property which had been stolen on the table in the room—Bayliss said, "Oh, I know what you have come for; there they are"—pointing to the bundle, which was lying on the table untied—I asked how it came there—Price said it was brought there by a little boy in a dark jacket, but Bayliss said it wis brought there by Price and a boy in a dark jacket.
Price's Defence. A boy asked me to carry it.
NOT GUILTY .
GUILTY .— Confined One Month.
MR. DOANE conducted the Prosecution.
JOHN COTTON . I am a carman, and live in New-street, Brompton. The prisoner was engaged to carry away my dung, of which I have a considerable quantity daily—on the 23rd of Sept. the prisoner took a load of dung out—he ought to have taken it to Mr. Attwood, a market gardener—he never accounted to me for the money, or brought any ticket from Attwood.
THOMAS SNELLING . I am in the service of Mr. Attwood, at Old Bromp-ton, and live on the premises. On the 23rd of Sept. I gave out checks for all the dung that was brought to my master—the prisoner brought none on that day—the last I received from him was on the 18th of Sept.
JOHN CRUMP (policeman.) On the 6th of Oct. I took the prisoner—he was charged with embezzling sixty loads of dung—on the way to the station he said it was not right as to sixty loads—it was only fifty-six.
GUILTY . Aged 35.— Confined One Year.
(There was another indictment against the prisoner.)
JOHN WHITELET . I keep the Bel), in Ratcliffe-highway. I saw the prosecutor, Charles Gntchell, and the prisoner in my house—Gatchell was tipsy—I saw the prisoner take a handkerchief off Gatchell's neck and put it in his pocket—they soon after went out—shortly after a policeman came to the house and fetched me to the station, where I found the prisoner.
Prisoner. Q. Was nobody behind the bar but yourself? A. My mistress—it was about twelve o'clock.
ROBERT FROST SMITH (policeman.) About ten o'clock on this evening I met the prisoner with the prosecutor—I asked the prisoner where he was going to take him—he said he was his brother, it was all right—I told Gatchell, who was a sailor, that he was in company with a thief, and to take care of himself—Gatchell said it was all right—he had a handkerchief round his neck at the time—the prisoner said he was going to take him to the Britannia beer-shop—I saw them close by the public-house door—he had the handkerchief on then—I saw him about a quarter after twelve o'clock, standing alone in Bluecoat-fields, without his handkerchief—he said Bill had got it—I turned and saw the prisoner putting something apparently into his trowsers—I asked him what he had done with the handkerchief—he said, "It is all right"—Gatchell gave him in charge for stealing the handkerchief and 2l. 5s. in money—Gatchell said he was not his brother—he was more sober then than he was earlier—I took the prisoner to the station, and found he had no handkerchief in his pocket—I said he must have it about his trowsers—he said he would pull them off, which he did—I saw one corner of the handkerchief hanging below his shirt, and pulled it out—Gatchell identified it.
Prisoner's Defence. I went to several public-houses with him; he asked me to lend him 6d. on the handkerchief, which I did.
GUILTY . Aged 20.— Confined Nine Months.
The prosecutor did not appear.
NOT GUILTY .
NEW COURT.—Monday, Nov. 2nd, 1846.
GUILTY . Aged 17.— Confined Fourteen Days.
THOMAS BRADSHAW (police-constable T 130.) On the 12th of Oct, a little after eleven o'clock in the morning, I was in Vauxhall-bridge-road, and saw the prisoner pass Mr. Cook's shop once or twice—he then turned back, went in at the door, and reached a pair of boots out of the window, put them under his jacket, and came out—he was going towards Vauxhall-bridge—he looked
over the road and saw me—he turned back and threw the boots into the shop and ran away—I followed about 400 yards, and took him.
GEORGE JOHN COOK . I live in Vauxhall-bridge-road. At a little after eleven o'clock, on the morning of the 12th of Oct., I saw some one come into the shop—I did not see what he did, but I saw him go out—I went into the shop, and the boots were gone—I went to the door, the prisoner came back to the door, and threw the boots in—they are mine—I saw him pursued by the policeman.
Prisoner. I was walking two or three streets from the shop; the officer run round the corner and took me.
GUILTY . Aged 18.— Confined Twelve Months.
MARY ANN GALLOWAY . I am the wife of William Galloway. He keeps a beer-shop—the prisoner had been living in my service about three months—about four o'clock on Sunday afternoon, 11th of Oct., our shop was closed—I counted the money in the till, there was three half-crowns, three shillings, and a sixpence—the bar was locked, but the prisoner had occasion to go to it after it was closed—I afterwards went to the bar—I missed a half-crown and a shilling—the prisoner did not live in my house—I sent for her, and charged her with this—she denied it at first—I told her she had better tell me, for I should send for a constable—that was about five o'clock.
NOT GUILTY .
SUSAN LANE . I am wife of William Lane; we live in Vauxhall-bridge-road—I am a laundress—I have employed the prisoner to wash for me—on the evening of the 12th of Oct., between seven and eight o'clock, I found her basket which she takes her victuals in, and in it a pocket-handkerchief be-longing to my forewoman—it was worth nothing—I asked her to allow me to search her lodging—she consented, and I went with her—I found there a cambric handkerchief, which is marked, and a towel with the mark cut off, and several other articles—the towel belonged to the Carlton Club-house, and this handkerchief to the housekeeper at the Wyndham Club—they were sent to me to wash—the prisoner was given into custody—I went again with the officer to her lodging, and found the piece that had been cut off the towel with the mark on it—I found a piece had been cut off the towel, and it had been newly hemmed and not washed afterwards—I also found a chopper belonging to me.
WILLIAM LUFF (police-sergeant B 10.) I received the prisoner into cus-tody—I went back to the house, and found this piece of the towel between the bed and bedstead—this is marked with the Carlton Club mark, and it corresponds with the other part of the towel.
Prisoner's Defence. The things she swears to I have had two years; I bought them at a wardrobe; when I went to my work that morning I took a handkerchief round my bread and butter; when I was coming away I took my basket and this piece of cloth, which happened to be a handkerchief; I
thought it was my own; she asked how I came with her handkerchief; I said, "I beg your pardon, I took yours in place of my own."
GUILTY. Aged 29.—Recommended to mercy by the Jury. — Confined Two Months.
2111. SARAH BICKNELL , ALICE TATTON , and WILLIAM CRIPPS were indicted for stealing 4 bottles, value 2d.; and three pints of wine, 5s.; the goods of Sarah Watkins, the mistress of Bicknell and Tatton.
SARAH WATKINS . I live in Cork-street, Bond-street, and am a widow. Bicknell and Tatton were in my service—I had a cask containing some dozen bottles of Sherry wine, in the further end of my back kitchen—it had been there nearly ten years—it was in my care—on Friday, the 8th of Oct., in consequence of information, I examined the cask in the presence of Tatton and the policeman—it then only contained seven bottles of wine—I afterwards saw Bicknell—the policeman asked her if she knew anything of it—she said she had given William Cripps eight bottles the previous night, and four bottles the night before—Cripps is Bicknell's brother-in-law.
Cross-examined by MR. CLARKSON. Q. Where is the gentleman to whom this wine belonged? A. I believe he is in Somersetshire—I saw him about three months before this.
LOUISA MOULE . I am in the service of Mrs. Jackson, who occupies apartments at Mrs. Watkins'. On the Thursday evening, between eight and nine o'clock, I saw Cripps in the kitchen—I saw Bicknell give Cripps some bottles of wine, and he took them away—I saw they came out of the cask which was open—I could not exactly say how many bottles—I thought there were eight or nine—I taxed Bicknell with it in the evening—she said the bottles were not full, but I thought they were full.
JOHN GRAY (police-sergeant C 10.) On the Friday, about half-past eleven o'clock, I went to Mrs. Watkins' house—I received Bicknell and Tatton on a charge for stealing a quantity of wine—I asked Bicknell to whom she gave the wine last night—she told me she gave eight bottles to Cripps—I said, "Is that all you gave him?"—she said, "No, I gave him four the night before"—Tatton said, "I know nothing about it;" but after hesitating she said, "I have given one bottle to Margaret Dunn, living in Bruton-street"—I took Cripps, and told him he must consider himself in custody for receiving some wine at Mrs. Watkins'—he said Bicknell had given him eight bottles last night, and that Alice and her had given him two bottles each the night before—he said one he drank, and the other I should find at his house—I went there and found eleven bottles.
(Cripps received a good character.)
BICKNELL— GUILTY. Aged 14.—Recommended to mercy by the Jury. — Confined One Month.
CRIPPS— GUILTY . Aged 24.— Confined Two Months.
TATTON— NOT GUILTY .
LYDIA ETCHES . I am a widow, and keep a stationer's shop in Bedford-street, Bedford-row. I took the prisoner into my service as errand-boy about the 1st of Oct.—on the 9th of Oct. I sent him to a shop in Jewin-crescent with a bill to receive 1l. 12s. 6d.—it was his duty to receive the money and to bring it to me—I gave him directions to bring the money and to receipt the bill—he went about twelve o'clock—he returned between two and three o'clock—he told me he had received the bill, and put the money in his pocket, which had
a hole in it, and he had lost it—I still kept him, and in consequence of something I heard, I gave him into custody on the Saturday evening—I never got the money.
Cross-examined by MR. HORRY. Q. He seemed very sorry? A. Yes, he did at first—he said he hoped his father would be in town and pay me.
HENRY DOUBLE . On Friday afternoon, the 9th of Oct., I saw the prisoner in Red Lion-street—he told me he had been receiving 1l. 12s. 6d. for his mistress, and that a lad was with him named Jem Ferris, and he persuaded him to spend some money for his dinner, which he did, and he was ashamed to tell his mistress; that Ferris told him to say he had lost it, and he would mind the 30s. for him while he went in, which he did, and when he came out Ferris was gone.
Cross-examined. Q. And he said he was looking for Ferris? A. Yes-Ferris walks about the streets—he has neither mother nor father—he is rather taller than I am—he is no companion of mine—I have seen him about the streets—I have not been discharged from a blacking manufactory—I was not stopped about some gold pins—I do not know where Ferris is to be found—I saw him last about three weeks ago, six or seven days after this occurred—he was going along Holborn, and stopped me—I have not been out in his company a good deal—I have played with him and others—I met him in Eagle-street many times—he knew where I lived—he lived in Little Gray's Inn-lane when his mother was alive—I am in a situation at Mr. Lee's, Bedford-street, Bedford-row—I have lived there four months this last time, and I lived there at Christmas last—I did not go first to Mrs. Etches—Mr. Lee went first—he had heard something about it, and he questioned me—they were not going to take me up yesterday for gambling in Red Lion-square—nothing of the sort—I had a gold pin which I found—I took it to Mr. Wiggins—I did not take it to pawn—it is eight months ago—I do not recollect what became of it—Mr. Wiggins gave it me back—I had it in my jacket a long while.
COURT. Q. Where did you find the pin? A. In Holborn, one Saturday afternoon between three and four o'clock—Wiggins lives at No. 11, Dean-street—I used to go there, after my other work, to carry out coals—I had the pin in my possession—I took it and asked him if it was of any use to him, and whether he would buy it.
FRANCIS JOHNSON . I am clerk in the house of Warner and Son, Jewincrescent. On Friday, the 9th of Oct., I received a bill of 1l. 12s. 6d. from the prisoner—I paid it him, I think, with a sovereign, a half-sovereign, and a half-crown in silver, and he receipted the bill.
JOHN ROWE (police-constable E 91.) I took the prisoner—he said he had lost the money through a hole in his pocket—I looked into his right-band waistcoat pocket, and there was a hole large enough to lose the money.
NOT GUILTY .
GUILTY.—Received a good character, and recommended to mercy. Confined Fourteen Days.
2113. THOMAS SMITH and JOHN BAKER were indicted for stealing 1 earthen pan, value 2s.; the goods of Mary Tittensor; and MARY WARNER , for feloniously receiving the same, well knowing it to have been stolen.
ELLEN PEARSON . I am the wife of William George Pearson; we live in Drury-lane, opposite Mrs. Tittensor's. At half-past four o'clock in the afternoon, on the 8th of Oct., I was standing at my front window—I saw Smith and Baker together—I saw them take a pan from Mrs. Tittensor's door—one of them put it on his head, and they went off together—in about a quarter of an hour afterwards I saw them walking along Drury-lane—I pointed them out to Mrs. Tittensor.
Cross-examined by MR. PAYNE. A. Had you ever seen them before? A. No—I was looking from the third floor—my window was not open—I did not call to Mrs. Tittensor—I went down and told her—I am sure the prisoners are the boys.
MARY TITTENSOR . I am a widow; I live in Drury-lane, and sell pans. About a quarter-past four o'clock in the afternoon, on the 8th of Oct., I came to my shop door and missed a brown earthen pan, which was safe a few minutes before—Mrs. Pearson pointed out Smith and Baker coming down the street—I gave them in charge—I afterwards went to No. 12, Short's-gardens, and found Warner in a room there, and the pan was there—I pointed to a jug which hung up there, and said, "There is one of my jugs"—Warner said it was not—there were many other things that were mine, but Warner denied it.
Cross-examined. Q. I believe you gave information to the policeman first? A. Yes—I did not go till he sent for me—I found the policeman there, and Warner—I saw no children—I expected to see something of my pan—I did not say to my boy, "You have got a good place and a good mistress, therefore you speak about the pan"—I said to him, "Should you know the pan were you to see it?" and he said be should, by a mark at the bottom, which he had made—I had not seen the pan before, except standing at the door—when the boy had seen the pan,-Warner locked the room door and went with us to the station—she denied that the pan and the other things were mine—she said she had had them a good while.
JONATHAN BUSH (police-constable F 40.) About half-past four o'clock in the afternoon, on the 8th of Oct., I saw two boys like the prisoners, carrying a glazed earthen pan, going towards the corner of Short's-gardens—I afterwards heard that a pan had been stolen—Smith and Baker were pointed out to me, and I took them—I told them it was for stealing a pan—they said they knew nothing of it—Baker said he lived at No. 12, Short's-garden—I went and found Warner there, and some children, who, I believe, were hers, but no grown person—I asked Warner if Baker lived there—she denied it—I observed this pan—I asked her how long she had had it in use—she said some time, and she had bought it—I saw it had not been wetted, and there was a chalk mark on the bottom—she then said she had not had occasion to wet it—I sent for the prosecutrix, who came and said it was hers, no doubt, and she brought the boy who is here—Warner locked her door, and took the key.
Cross-examined. Q. You did not let Warner keep the key of her room? A. I did not—I took it from her—I took hold of her hand—she had the key in her other hand, near her bosom—there was one or two officers about—I believe there was another officer took hold of her at the same time—I forced the key from her, and went back to her place without taking her with me—I did not say to the boy, "You swear to the pan, or else she will not be locked up"—I have the key now—her husband has not made application for it—I am not aware that he is now in the hospital—I am not sure how many children I saw there—Warner desired them to go to her sister's—I think she
only occupied one room—I did not go to other parts of the house—this is the pan—there was a jug in it—I will not swear there were not clothes in it.
GEORGE EDWARDS I am errand-boy to Mrs. Tittensor. I know this pan is her property—I know it by the spots of glaze on the bottom, and this mark of "2" and an" S," which I put in the middle—I went to No. 12, Short's gardens, and found it—I swore it was my mistress's—I saw it safe at her place about four o'clock the same day—I know it well.
Cross-examined. Q. Did the policeman say anything to you about swearing to the pan? A. No—before I went to the house he asked me if I should know the pan if I were to see it—I said, "Yes"—he did not say, "Mind you swear to it."
MR. PAYNE called
ELLEN ARMSTRONG . I live in King-street, Drury-lane. I met Warner about six weeks ago at the corner of Wardour-street—she said she was going to market—we went through Walker's-court—she saw a crockery-ware pan, and bought it, and a brown pitcher—the pan was like this—I could not swear to it—she gave her half-a-crown for the pitcher and the pan.
NOT GUILTY .
2114. MARY WARNER was again indicted for feloniously receiving, 3 cruets and stand, value 45.; 4 glass tumblers, 4s.; 1 sugar-basin, 1s. 6d.; 1 jug, 1s.; and 1 milk-jug, 2d.; the goods of Mary Tittensor; well-knowing them to have been stolen.
MARY TITTENSOR . I am a widow, and live in Drury-lane. I went to No. 12, Short's-gardens, and found the prisoner in a room there, and a great many goods of mine—I first pointed to a large blue jug, which I knew by a flaw in the handle—I said, "That is mine"—I pointed to a cruet-frame with some cruets in it—I should not like to swear to that, but I believe it to be mine; but I swear to the jug—it had been lost for several months—I think it has never been washed—I saw a sugar-basin which I lost not a fortnight before the pan was taken—I know the sugar-basin, and can swear to it, and to a small milk-jug—how they got out of my possession I do not know, but I told the policeman if they were mine I should know them—I never gave these things away, nor sold them—there are persons who sell earthen-ware and glass at my place, but there was no one at home when these things were taken.
Cross-examined by MR. PAYNE. Q. You said you believed them to be yours? A. I did, and do believe it—I did not say there was a chip in the jug, but I told the woman in the room I knew it.
COURT. Q. Fix on any one thing that you lost at any one time? A. The sugar-basin and little milk-jug I lost the latter end of Sept.—I missed the sugar-basin a few minutes after it was gone, and mentioned it to a neighbour—I keep a crockery-shop, and sell these articles—my daughter sells in my shop occasionally—she is not here.
NOT GUILTY .
2115. JOHN BROWN was indicted for stealing 1 pair of trowsers, value 10s.; 3 shirts, 10s.; 2 pairs of drawers, is.; 1 other shirt, 1s.; 3 pain of stockings, 2s.; and 1 bag, 2s.; the goods of William Lightfoot, in a vessel upon the river Thames; and that he had been before convicted of felony.
WILLIAM LIGHTFOOT . I am a seaman, belonging to the Queen Victoria of Sunderland—she was in a wharf on the river Thames on the 2nd of Oct.—I slept in the cabin that night—the other man slept in the forecastle—I got up in the morning about six o'clock—I went into the forecastle—I saw a lot of lucifer-matches about, and the hatch was taken off—the man came out
of the forecastle and began to work, and about eight o'clock I went into the forecastle, and missed three shirts, two pairs of drawers, and the other things stated—they had been in a bag in the forecastle—I left them safe the night before, and a man slept there—these are the articles—they are mine—I do not know the prisoner.
GEORGE ROGERS (police-constable K 182.) About four o'clock in the morning, on the 2nd of Oct., I was coming up Worcester-street, Gravel-lane, which is nearly a quarter of a mile from where the prosecutor's vessel laid, which was at Stone-wharf—I heard some voices, and stood in a door-way—a young chap passed me, dressed in white, and he said, "Jack, it is all right, come on you b—y fool"—the prisoner came up some steps with this bag—I ran after him—he ran over the bridge, and dropped the bag—I took it, and pursued him—he was never out of my sight—as soon as I got him, he said, "It is not I, it was my mate that broke into the house"—I took him to the station, and found on him two lucifer-matches—this is the bag—it contains these trowsers and other things, which the prosecutor swears to.
Prisoner's Defence. I was going to Old Gravel-lane, and two chaps threw a bag away; I took it up, and the policeman took me.
THOMAS JOHN BLAKE (police-constable K 137.) I produce a certificate of the prisoner's former conviction at Clerk en well—(read—Convicted 18th Nov.,1845, and confined three months)—the prisoner is the person.
GUILTY . Aged 17.— Transported for Seven Years.
JAMES CLOUTING (police-constable D 156.) At a little before six o'clock in the evening, on the 9th of Oct., I was in Middlesex-place, New-road—I saw the prisoner with this basket under his arm—I knew him, and stopped him—I asked what he had got in the basket—he said, "A live fowl"—I asked where he got it—he said, "Out of the area at No. 21, Steven-street"—I took him to the station—he had this fowl.
Prisoner. I told him I had a chicken I was going to take to the station—I was going towards the station. Witness. No, he had got past the station—he said, "If I could find an owner for it."
WILLIAM COLLINS COOPER . I work for Mr. Holley, of No. 8, Grove-mews—he keeps fowls there. On the morning of the 9th of Oct., at half-past six o'clock, I fed the fowls—they were all safe then—there were twelve of them—I afterwards missed one—this is it—it is Mr. Thomas Holley's.
Prisoner's Defence. I was in Steven-street at half-past five o'clock; the landlady of No. 20 and 21, said to me, "Go down that area and fetch that chicken out, and take it to the station."
JAMES CLOUTING re-examined. He told me he brought it from No. 21, Steven-street—I went and inquired—I found it was lost from Grove-mews, Lisson-grove—he was past the street that leads down to the station—he could not have gone to any station the way he was going.
JURY. Q. How far was he from the prosecutor's house? A. 600 or 700 yards—I have been to No. 21, Steven-street—it is a brothel—they denied the statement altogether.
THOMAS HAZELDINE (police-constable D 104.) I produce a certificate of the prisoner's former conviction—(read—Convicted 6th Jan., 1846, and confined six months)—the prisoner is the person—he is a very bad character, and goes about with thieves.
GUILTY . Aged 17.— Transported for Seven Years.
2117. JOHN SUMMERS was indicted for embezzling 1l. 3s. 6d., and 7s. 2d.; also for embezzling 2l. 9d., and 3l. 18s. 9d., 11l.7s., and 1l.4s., which he received on account of his master, William Samuel Burton; to which he pleaded
GUILTY. Aged 29.—Recommended to mercy Confined Six Months.
NOT GUILTY .
ELLEN EVANS . I am eleven years old—I live with my father. My mother went out on Sunday evening, the 4th of Oct., between six and seven o'clock—she left me and my brother at home in our shop—while she was gone, Aubrey came into the shop—Gardner staid outside, but I saw him—Aubrey asked for a halfpenny worth of pudding—I was going to cut the pudding in the window—he said, "You can't cut it there, you had better put it on the counter"—I did so, and Gardner said, "Here comes a nailer"—Aubrey caught up the pudding, and they both cut down Dark-lane—I am sure they are the persons—I knew them before by seeing them come to my mother's shop.
SARAH EVANS . I am the wife of James Evans—we live in Orchard-street, Westminster, and sell pudding. On Sunday evening, the 4th of Oct., I went out—I left my daughter Ellen in the shop, and a pudding, and when I came back the pudding was gone—I saw Gardner the next evening, and gave him in charge.
Aubrey's Defence. We went to Camden-town at four o'clock, and did not return till ten.
AUBREY— GUILTY . Aged 19.
GARDNER— GUILTY . Aged 18.
Confined Six months.
CAROLINE FREEMAN . I am the daughter of Thomas Freeman. The prisoner is my brother, and lives in Eliza-place, Clerkenwell—on the 26th of Sept., at twenty minutes before three o'clock in the afternoon, there was a box of my father's on the landing in our house—it was then safe—I then went out—when I returned, about four o'clock, I found the box open, the hasp was broken out of the wood—I called my father—he missed from the box seven sovereigns and a 5l. note—when I went out I saw my brother at his shop a few minutes after three o'clock—his shop is about a quarter of a mile from my father's—my brother had this green paper parcel now produced, containing a shirt, in his hand—when I got home I saw the parcel at my father's—on
Monday, the 12th of Oct., my father called me into the cellar, and I found the prisoner there—he said he knew nothing of the robbery, he came there to get a lodging—my father told him of the breaking of the box, and he denied it—on the day the box was broken I missed two spoons from a drawer up stairs, also a brooch and two rings from down stairs.
THOMAS FREEMAN . The prisoner is my son—I live at No. 2, River-lane, Islington—I have apartments there—Mr. John Lilly is the landlord, and lives in the house—I had a box on the landing-place which parts my two rooms—there are no rooms any higher up—I had in the box seven sovereigns and a 5l. note—my daughter called me up, and I found the hasp of the box broken off—the box was usually kept locked—I had seen it locked the day before, when I took some money out of it—I missed two spoons, two brooches, and two rings—I have not found any of the things since—on the 12th of Oct. I found the prisoner in the cellar—I gave him in charge—I mentioned about the box—he denied it.
CHARLES RANDALL (police-constable N 172.) On the 27th of Sept., about eight in the morning I went to the prosecutor's—I went into the cellar and found this chisel—I found it fitted with the marks where the box had been broken open—that was the morning after it had been broken open.
ALFRED STANLEY . I live in Clerkenwell. I know this chisel—the prisoner asked me for it in the shop on the 26th of Sept.—I told him I did not know where it was—he told me to look under the counter—I found it, and-gave it to him—that was about three o'clock—he then went out, and took this bundle with him and a walking-stick.
NOT GUILTY .
WILLIAM HENRY BAINES . I am a brick-maker and builder—I live in Richmond-road, Islington—Mr. Eltham does lighterage for me, and the prisoner was in his service. Between the 1st and the 8th of Aug. the prisoner asked me for 1l. to enable him to get the barge down for another freight—he said it was for Mr. Eltham, or I should not have given him the money—I gave him 1l.—I owed Mr. Eltham money at that time—the bill that was delivered after that to me, was 18l. 19s.—on the 12th of Sept. I gave the prisoner 5l. more—I had told Mr. Eltham 1 would settle his account that day if he would send it, and in the morning the prisoner called—I said I had not been into the City, I would call on Mr. Eltham in the afternoon—he said there was no occasion for that, if I could let him have 5l. on account, it would do, and I gave it him—on the Saturday afterwards he called again, and 1 gave him 7l.—he gave me a memorandum for the 1l., the 5l., and the 7l., which made 13l.—this is the memorandum—I paid him all these sums for Mr. Eltham, and I have paid Mr. Eltham the balance since—the prisoner told me on all these occasions, that he came from Mr. Eltham for the money.
Prisoner. You gave me first 2l. 3s. 8d., and then my wife came and received 6l. 6s. for some chalk. Witness. That was another occasion altogether.
MATTHEW ELTHAM . Mr. Baines owed me 18l. 19s.—the prisoner was in my employment—he was not authorized to receive any of this money, or any money at all—I did not know that he had received this—Mr. Baines told me to send on the 12th of Sept., and he would send me the money if I would send a receipt—the prisoner was then at Woolwich—I asked his wife to go
and take the receipt—she came back and said Mr. Baines was engaged—she brought the receipt back and gave it me—on the 19th I gave her the receipt again, and she brought me 7l.—I never authorized the prisoner to receive a shilling of it—nor any money at all—it was no part of his business.
Prisoner. You authorized me to go and take money for chalk. Wittiest. No, I never authorized you to take any money, I knew you too well—I thought your wife honest.
COURT to WILLIAM HENRY BAINES. Q. You got the receipt? A. Yes, but I had it from Mr. Eltham—the receipt in full, but I saw the receipt in the prisoner's possession when I paid him the 5l., the second time he came—not when I paid him the 7l.
EDWARD HAWLEY (police-constable K 209.) I took the prisoner and asked what he had done with the money—he said he had received it and lost it in a buss, and he would pay Mr. Eltham as soon as he could.
Prisoner's Defence. I lost the money on the Saturday.
GUILTY. Aged 63.—Recommended to mercy by the Prosecutor Confined Six Months, without hard labour.
GUILTY. Aged 21.—Recommended to mercy. Confined Six Months.
ELIZABETH CARD . I am the wife of Richard Card—he is a turner. About two o'clock on Tuesday morning, the 27th of Oct., I was walking along Austin-street, Shoreditch, with my niece, Ann Card—the prisoner came up—he said nothing, but shoved me about violently, then took my shawl from me, and struck me on the mouth and face—I fell, and bled very much—this is my shawl—it is the one I had on my back at that time.
Prisoner. The shawl was beside you when I was given in charge. Witness. I do not know, your blows were so violent I cannot recollect it.
ANN CARD . I am the niece of Elizabeth Card. I was walking with her—I was about a pace before her—I saw the prisoner and another man standing—I heard my aunt say, "Don't take my bit of a shawl"—he had struck her in the mouth—she was down, and I picked her up—she had pitcled upon her hand, and her hand has been very bad ever since—I called the policeman, who was close by, he took the prisoner immediately into custody, and took the shawl from the prisoner's hand—I did not see him take it off my aunt's neck.
Prisoner. The shawl was down on the side of me? Witness. It was in your hand; you attempted to put it behind you; you were quite sober.
JOHN ANDREW ANDREWS (police-constable H 134.) I was on duty in Austin-street, Shoreditch—I heard the prosecutrix cry, "Oh dear!" and "Police!"—I went up, and saw the prosecutrix and the prisoner—he had the shawl in his hand—I took it from him, and took him into custody—the prosecutrix complained of being knocked down—the prisoner said nothing—he was sober.
Prisoner. It would not have happened only I had been drinking; I was going home; I expect this person ran against me, or it would not have happened at all; she must have insulted me.
GUILTY . Aged 27.— Confined Six Months.
MR. O'BRIEN conducted the Prosecution.
PHILADELPHIA TULLETT . I am a widow, and keep the Three Brewers, in the Lower-road, Islington. The prisoner was in my service—he carried out beer for me, and received money—it was his duty to pay it to me every evening—on the 11th of Oct. I did not receive from him 5s. on account of Mr. Cheshire, nor is. 6d. on the 18th of Oct.
Prisoner. Q. Did you not say you would give me 1s. a week more than anybody else, to take the trust on my own head? Q. I did not—he was paid his wages regularly—he returned to me on the 18th, and was with me till the 23rd of Oct.—he never accounted to me for these sums.
SARAH AGNES TULLETT . I assist my mother in carrying on her business. I did not receive the 5s. on the 11th of Oct. from the prisoner on account of Mr. Cheshire, or 1s. 6d. on the 18th of Oct.—he has not accounted to me since for them.
GUILTY . Aged 21.— Confined Six Months.
OLD COURT.—Tuesday, November 3rd, 1846.
Fourth Jury, before Mr. Recorder.
MR. PARRY conducted the Prosecution.
BRIDGET WELCH . My husband's name was Hamahan, but I have gone by my maiden name, Welch, ever since my husband has been dead, which is 10 years—he died at Limerick—I was with him at the time—we were married at Limerick, four or five years before he died, by father Henwright—we were both Roman Catholics—I do not know how old I was when I married—I was more than twenty-one—I am no scholar, and kept no account—I swear I have gone by the name of Bridget Welch ever since he died—the prisoner is my first cousin—I have been in England better than three months—I come from Limerick, where I carried on an eating-house business for seven or eight years—I had saved better than 600l. during that time—I brought it with me from Limerick, made up in brown paper packages, twenty sovereigns in each, and one had twenty-one—I had got them from the bank at Limerick—Mr. Alexander, a shop-keeper at Limerick, packed them for roe—directly I came over I saw the prisoner—I lodged at his sister's house first, and afterwards at No. 1, Angel-court, next door to her—I occupied the back room, first floor—the prisoner used to come backwards and forwards to the house, and nobody else—I knew nobody else—I told him I had the money, and he was to purchase houses for me with it—I did not give him the money to make the purchase—I was to go with him, and he was to make the purchase—I had opened the box and shown him the money—I unpacked it, and showed him the coin—it was in a small green box—it was not at that time in contemplation that he was to marry me—the week before he robbed me
I lent him 15s.—I had lent him money before—on the 5th of Oct., at six o'clock in the afternoon, I left the room to go to his father's house, up beyond the Quadrant half a mile, or not so much—his father and step-mother had sent for me—I am quite sure the money was safe in my box then, wrapped up in brown paper—I locked the box when I left, locked my door, and put the keys into my pocket—I went to the prisoner's father, returned at seven o'clock, and found my door as I had left it, and the box locked also—the key was still in my pocket—I opened the box, and found 301 sovereigns were gone, and a purse which was clasped round the packages of sovereigns—I gave information to the police, and did not see the prisoner again till next evening, when he was in custody—I suppose he had got a key made to my door, as he constantly had my keys about him when he used to take me about to see London, as I was a stranger here—this is my purse, (looking at it,) and this is the same sort of paper as the sovereigns were packed in—(looking at a piece.)
Cross-examined by MR. ROBINSON. Q. Have you not been known by any other name than Welch? A. No—not since I have been here—nobody came to see me but the prisoner—he often came three times a day—he was very much attached to me—he was to purchase a house for me for business—either an eating business or a private house—he had been looking out for a couple of months—he sometimes came, and said he had seen something, but I was no judge—there had been some house mentioned, but he did not agree to it—it was a shop—Bridget Hogan, my mother, helped me to carry on my business at Limerick—she was in business with me, and used to work at it as well as me—we were making a reserve for our old age to be comfortable—we did not both sell the business—the prisoner and his sister encouraged me to come over here, because I should do better here—we brought over what we had saved—I started in business with the money I had after the death of my husband—I did not pay my mother any wages—whatever there was we both had—my mother continued to live with me all the time I was in Ireland, and has done so ever since—the money was mine—what is my mother's is mine—we never made any difference—what she wanted she had—it was my money—she is an old woman, and only wanted enough to eat and drink, and for things to wear—there were 300 sovereigns at the other end of the box—they are not gone—a gentleman has put them into the bank for me—my mother was not within when I left the house to go to the Quadrant—when I came back she was waiting in the passage for me—the purse came to England in the box with the money—it laid on the gold as light as I could hold it—it clasped it—I fastened the two ends of it—I bought it at Limerick of a man who goes round with baskets—I know it very well, and have no doubt of it—there is a stain on it under the ring where the ring draws round it—I hare had it better than twelve months—I did not carry it about in my pocket—I used to leave it in my box sometimes.
MR. PARRY. Q. You have put the money which is left into the bank? A. Yes—in the name of Bridget Welch—the policeman went with me.
JURY. Q. What was the size of the box? A. About one yard and three quarters—there were several sorts of wearing apparel in it—I supported my mother by the business—I took the disposal of the money, and allowed her what I thought proper.
BRIDGET HOGAN . I am the mother of the last witness, and lived with her in Ireland—she supported me by her business—it was an eating-house—she allowed me to live with her—I do not claim any part of the money—she always let me handle all she had—the money was hers—she brought 600
sovereigns over with her—I got the notes changed for them at Limerick—we came to No. 1, Angel-court—the prisoner is her cousin—he was in the habit of coming backwards and forwards—on the evening of the 5th of Oct. I was standing in the pathway when my daughter went out—I know she locked the door—a very few minutes after she left I saw the prisoner going up stairs—he remained up about ten minutes—I then went up, saw him lock the door with whatever sort of key he had opened it, and come down stairs—I did not see him again till he was in custody—I had no notion he was robbing.
Cross-examined. Q. You were standing at the door when your daughter went out? A. Yes, just in the centre of the passage, not outside the door—when my daughter came back she found me where she had left me—I told her the prisoner had been up stairs—she went up, and said the money was stolen—I had the business in Ireland with my daughter—I used to work at it, just as she did, for the last ten years—I sometimes took money from customers, and gave it to her.
MR. ROBINSON. Q. Why give it to her? A. She was more capable of keeping it than me.
JOSEPH MOUNT (police-constable C 128.) In consequence of information, I apprehended the prisoner in Great Windmill-street, on the 6th of Oct., about seven o'clock, on the night after the robbery—he was drunk—when I took him 1 took his hat off in the street, and found 175 sovereigns in it, and some loose pieces of cartridge-paper, which I have produced—I took him to the station, searched him, and found this purse, and nineteen sovereigns in it, on him, and this parcel of sovereigns in his pocket; altogether, 218l. 7s., 11d., all in gold but the 7s. 1 3/4 d.—he was so drunk I was not able to question him—next morning I asked him what he had done with the remainder of the money which was missing—he said, "I spent it, as I shall spend the rest, as it is my own hard earnings"—the house the money was taken from belongs to Mary Davis, and is in the parish of St. James—I went with Mrs. Welch, and put the rest of the money into the London and Westminster Bank, in the name of Bridget Welch.
HANNAH POOLS . I live in Angel-court, Great Windmill-street. The prisoner lodged with me till last Saturday four weeks—I told him not to come again unless he brought me the money for the rent he owed me—he did not come again—he left because he could not pay the rent—he left off paying me on the 4th of Aug.—I gave his sister three shirts to make, to pay off a part, they came to 7s. 6d.—I cannot say how much was left.
Cross-examined. Q. When were you found out to come here? A. This day week.
COURT. Q. Did he appear a man who had money? A. He appeared poor—his sister took the lodging, but he paid me some of the rent, and his sister some—she lived at No. 3 in the same court—I cannot tell how he got his living—he went out sometimes at six o'clock, at seven, eleven, and twelve o'clock—I understood he was a carpenter.
HENRY ROBERTSON . I am shopman to a clothier in Holborn. On the 5th of Oct., about twenty minutes to eight o'clock, the prisoner came to the shop, dressed very shabbily indeed—he bought a great-coat, two pairs of trowsers, and two waistcoats, and paid me with sovereigns—I saw that he had about twenty sovereigns—he has the coat and waistcoat on now.
Cross-examined. Q. You live in the lower part? A. The back part—I have nothing to do with their part—I let it out in lodgings—there is one common staircase.
Prisoner. I have the shopman who sold me the purse and other articles, which came to 1l. 18s.; I bought the things first; the man asked if I wanted anything else; I said, "Nothing but a purse."
The Prisoner called
JAMES SHERGOLD . I am servant to William Morgan, a hosier, of Middlerow, Holborn. On the 4th of last month, about eight o'clock in the evening the prisoner came to the shop, and purchased six shirts, six pairs of hose, one silk handkerchief, three cotton handkerchiefs, and a common green silk purse, with white composition rings like bone—I think I should know the purse again—he paid 1s. for it—I did not notice how he was dressed, but it was rather dirty—I gave him a bill of parcels and a receipt—this is a copy of it, (looking at a paper,) and has been given since he has been in custody—I made out this from memory—I did not know he was in custody when it was first applied for—I cannot say when it was—a policeman in plain clothes came first—I do not know whether it was Mount—it was about a fortnight ago—I gave it to a female—the policeman asked for a bill of the articles sold—I mentioned the purse—I swear the prisoner purchased a green silk purse that day—it had small silk tassels—it was new—there may have been a private mark inside it—I told my master afterwards that I had furnished a copy of the bill.
COURT. Q. Did you tell him at the time that a man or woman had come for a copy of the bill of the things you had sold a few days previously? A. No—I attended before the Magistrate—I first heard that he was in custody when the female came—she did not say her brother was in custody—she said a friend, I believe—I gave the bill before she told me he was in custody—she asked for the bill, and described three men who had purchased some articles on such a night, and said one of them had got into trouble—she did not say it was her brother—she said a friend, I believe—I knew the person from her description—(there were two other men came with him)—she asked what the articles were, and if I would give her a bill, which I did—the other parties did not buy anything that I am aware of—the prisoner paid me for the purse and things altogether—he gave me two sove-reigns—I had had no previous acquaintance with the prisoner—I did not know him at all—I do not know how long ago it is since they applied to me—the woman came by herself—she has called since several times as she has gone along of a morning—I think I gave her the bill the first time she called—she has called since the sessions have been on, of a morning, having pro-mised to fetch me—she called twice before the sessions, once to ask for the bill, and I got it ready for her by the second time, when I gave it her—she did not leave the particulars of the articles she wanted put in it—I got that from Mr. Morgan—I asked him for the list—I have not got the list here—it was burnt—I do not know when, but it was before the copy was given—I did not make the copy from it—it was destroyed before I applied to Mr. Morgan—I made the copy from memory a fortnight after the transaction—I do not know who called and bought articles on Monday—I sold various articles on that day—I cannot call them to mind—I recollect this on account of the amount—I cannot call to mind any other transaction that day—I might if it was mentioned to me.
JURY. Q. Did the female ask you if you remembered selling a purse, naming a purse to you? A. Yes—I said, "Yes"—she asked me what sort of a purse it was—I told her a green one—she did not tell me it had white slides—I told her a green purse with white rings—I had other green purses with white rings—they may he had anywhere—we have higher priced purses—they are rather longer than this—the price of them is 18d.—the purse was Berlin one, close, wove—the woman did not describe it to me—I have not brought
one like it from the shop—I did not notice whether he took the sovereigns out of a purse, or whether he had a green purse already—Mullin was with the prisoner when he bought it—(purse produced)—this is the sort of purse I had in the shop—I cannot say whether it appears to have only had one day's wear since—I see that it is a second-hand article—I should say it has not been worn by the rings—I have had nothing for the trouble of copying the new bill—I had a subpoena and 1s.—I rather think we have more purses exactly like this—I have not been in court during the trial, nor when Welch was ex-amined—I was outside, not within hearing.
Prisoner. Being in liquor, I might make the purse more dirty than it would be at first, and it has been in the policeman's hand—there were eighteen sovereigns in it, which would make the mark.
JAMES MULLINS . I have not been in the gallery of the court during this trial—I have been outside, and heard nothing that transpired—I know Mr. Morgan's shop in Middle-row, Holborn—I recollect going there with the prisoner and another person who I have seen here—we went to the shop—the prisoner purchased half-a-dozen shirts, half-a-dozen pair of stockings, a silk handkerchief, a scarf, three pocket handkerchiefs, and a green coarse silk purse with two white rings to it—I believe the young man calls them composition—he called them so at the time he sold them—it was the last he had, I think, of the whole set—I had the purse in my hand, and think I should know it again.
COURT. Q. Did he say that was the last he had got? A. The last of that colour—the prisoner had a brown one in his hand first, I did not like it, and chose this one—he did not say he had got one like it—the question was not put, what are the rings made of—Shergold said of his own accord "they are composition rings, it is the last I have of the sort"—I could not see if there was money in the purse when I looked at it; the silk was so thick—it was handed to me in the shop—I thought it was a very good one for him—the third man in our company was M'Cabe, a tailor—he lives in Monmouth-street—he is not here—he is quite well for what I know—I saw him last about a week ago—I was coming down Holborn at this time with M 'Cabe—we met the prisoner, and he invited me to go with him to purchase—he thought we could get them cheaper for him—that we could barter for the things—the man was asked the price of the things, and the prisoner asked my judgment on them—he said, "Do you think these stockings dear," or "What do you think of the price of these stockings?"—I said, "Buy them," and he did—then he said, "What do you think of the price of the shirts?"—we all consulted about it—M 'Cabe did not say much about it—we went with the prisoner to the slop-seller's when he bought the clothes.
JURY. Q. Which shop did he go to first, to Robertson's or Morgan's? A. At Middle-row—Robertson lives higher up, towards the West-end, in Holborn—the prisoner had a blue frock on, and working trowsers—he was rather shabbily dressed, more like me, than he is now—I could not account for his being in a position to buy these things—we did not go to any other shops—he did not always pay with sovereigns—he got change out of some things—I cannot say how many sovereigns he paid at Morgan's, or at Robertson's—I do not know whether he carried the sovereigns in his hat or his pocket.
Cross-examined by MR. PARRY. Q. How many sovereigns did be give you? A. He only gave me a trifle to pay for my trouble—I cannot exactly say how much now—I went to a public-house with him and had a drop of beer.
Q. Take care, now, did not he give you four or five sovereigns? A. I only got what he gave me—he did not pay me any sovereigns.
Q. How many did he give you, if he did not pay you? A. Why he gave me four, and one shirt—nothing else—I cannot say what M'Cabe had—I cannot say whether he gave his opinion about the purse—he (Mr. M'Cabe) looked at the stockings and the other things—he did not say anything about them—he went to the public-house—I do not know what he had—I cannot exactly say where the four sovereigns were given me—I did not go with the woman to show her Morgan's shop—I do not know who directed her there—I had seen the prisoner with money before—he had his money, at Robertson's, loose in his pocket.
COURT. Q. Did he ever give you four sovereigns for buying a pair of stockings before? A. He never asked me to buy him anything before—I do not know how many sovereigns he had when I saw him pay for the stockings—I did not see twenty—I saw one or two in his hand when he gave me the four—he had them in his pocket loose at Robertson's—I saw him put some coin in the purse when he bought it, but what it was I do not know—I did see him put something into it—it was there I found that I could not see through the purse—I think this is the purse the prisoner bought at the shop—(looking at it)—but it has got very dirty since that time—it was not dirty when he bought it—this has been in good use since, if it is the same.
JOSEPH MOUNT (police-constable) re-examined. The purse has been rolled up in this paper, in this handkerchief, ever since I took it from the prisoner, and the paper sealed, it has been in the inspector's room—there has been nothing done to it since I found it in the prisoner's waistcoat-pocket, when I took him—there were then nine sovereigns in it.
JURY. Q. Could you see the sovereigns through the silk? A. I think so.
MR. PARRY called
WILLIAM MORGAN (who had been sent for during the trial.) I know this copy of a bill was made out, but I do not know who for—these goods were supplied from ray shop which I do not attend—I have two shops, next door to one another—Shergold has been in my service two years, or more—he enters the goods that he sells on pieces of paper every day—after I examine them, and see they are all right I destroy them, sometimes next day, or it may go on for a week—I remember an amount of goods being sold—I did not remember the purse being sold till they called my attention to it afterwards—I have now no recollection of a sale including a purse—I do not keep any cash account of the different sales—I have not the total amount of this particular sale on that day—some purchases are so trifling—some accounts may be shillings, and some up to 4l. or 5l.—the ordinary transactions are to the amount of 2l.—we have more under that amount than above it—I know the goods I have in stock—purses are very similar, but I know this purse was not sold at my shop—(looking at it)—I have some similar to it, but this was not one of mine—if I had known this I would have brought one to have explained—I have green purses with white slides similar to this—this is a trifle longer than mine—if I said that it ever was in ray stock I should belie my own conscience—the price of it would be somewhere about 1s.—the rings of my purses are similar, but not exactly the same as this—I cannot exactly say what the difference is—the tassels are the same—there is a difference in the fabric—if a green purse was sold it is not true that it was the last—we have more than one.
MR. ROBINSON. Q. I suppose you do not know your stock of purses? A. I never bought more than one or two dozen of that make—they run; about four brown, four crimson, and four green, in dozens.
COURT. Q. Does your stock come from a particular maker? A. I buy the greater part of them from Mr. Higgins of New-street—I cannot say this
is not one of theirs, but do not believe it was ever mine—I have not taken a fresh stock since.
MR. ROBINSON. Q. Can you undertake to say that you have a green purse with white slides in your shop? A. I believe there are some left—I had them within the last month, but not the same as this.
WILLIAM FARNDEN (policeman.) I produce a certificate of the prisoner's former conviction—(read—Convicted Oct., 1845, and confined six months)—I was present at the trial—I took him into custody—he is the man.
GUILTY . Aged 27.— Transported for Fifteen Years.
GUILTY .— Confined Six Months.
2127. HENRY JONES and JOHN DAVIS were indicted for stealing 1 watch, value 5l.; 1 guard chain, 10s.; and 1 key, 3d.; the goods of Thomas Bailey: and 2 spoons, value 10s.; the goods of Thomas Dean, in his dwelling-house: to which
JONES pleaded GUILTY .— Confined Six Months.
MR. ROBINSON conducted the Prosecution
THOMAS BAILEY . I know Mr. Dean's house, in Brunswick-square, St. Pan-eras; it is his dwelling-house. On Friday morning, the 30th of Oct. I was en-gaged with somebody in the house who was mending some pipes, and heard a female servant scream out—I ran, and met her coming from the area—she gave me information and I missed a watch, which I had seen safe ten minutes before, from the pantry, which is in front of the house, next the area—there are two doors before you come to it—I ran out immediately—the area gate was locked, but the area door was open—they must have got over the area gate or railing—I ran out—a gentleman directed me round into Bernard-street—I saw the prisoners running very fast abreast of each other, and followed them—Davis turned round and saw me, and then they ran faster—I overtook' them near the top of Wilmott-street—Davis said he had been pursuing Jones; I said they must both come back—I had seen them running abreast of each other for about 300 yards, for a minute and a half—Davis could have secured Jones at any time, if so inclined—I asked where the watch was—Davis said he had got it, it was all right—he said he had seen Jones get over the gate, and ran after him—I said then he must come back as a witness against Jones—he followed me back to the house, holding Jones by the collar—when they got back I asked where the watch was—Davis said, "Here it ii," and produced it from his pocket—I took them down below, and discovered that there were two spoons gone from a drawer—I asked Jones if he had anything else—he said he had not—then Davis searched him, put his hands all over his person, and said he had got nothing—Jones was afterwards searched at the station, and delivered up two spoons from his jacket pocket—I cannot say whether Davis put his hand into that pocket, but he squeezed it up, and said he had nothing—this watch and the spoons produced are my master's, and have his crest on them.
Davis. Q. You say I searched his pockets? A. You took them up and felt them, and said you would search him.
left them in the area—I found them in the coal-cellar—Davis gave his address at the station, No. 7, Little Coram-street—a policeman was sent there—he is not here—Davis afterwards told me he lived in Westminster, and finally at No. 17, Colonnade—I heard him give those three addresses within a minute or two of each other—he was detained at the station—I heard him say there he had never seen Jones before, and had no knowledge of him whatever.
MARY SUTTON . I sweep a crossing near Brunswick-square. At half-past nine o'clock, last Friday morning, I saw the prisoners together between Nos. 14 and 15, Brunswick-square, leaning over the railings—Mr. Dean's is No. 14—I am certain they were both there—I saw them for about five minutes, and then saw Jones get over the railing of No. 14—Jones came up in about five or ten minutes—Davis remained there all the time, and when Jones came up, Davis lifted him over the railings—they went down the square, and up Bernard-street—they were on the run, and turned up Wilmott-street—1 did not see them again till the footman brought them back—I had never seen them before.
Davis. Q. Did not you say at the station you saw us walk away together? A. No—I had a shade over my eyes—you passed very close to me—I noticed you by your stopping so long before the house.
ANN MANSFIELD . I am the wife of Thomas Mansfield, of Melina-coort, Riley-street, St. Pancras; I sweep a crossing at the opposite corner to Mn. Sutton. About a quarter to nine o'clock I saw the prisoners talking together, and walking very gently towards Brunswick-square—I saw them pass me—I did not look after them—they turned round the corner from Great Coram-street—the beadle brought them to me about half-past nine, and I recognized them.
Davis. Q. Did not you say before that it was half-past eight o'clock when you saw me? A. No.
MART COLLINS . I am in the service of Mr. Dean. I saw Jones in the pantry putting something into his jacket pocket, and Davis outside walking about—I called to Bray ley—I asked Davis to lay hold of Jones, and said, "Will you hold him and keep him there?"—he said, "It is all right, I will hold him; you may go in"—as 1 went down the steps I turned round, saw Davis put his hand up, and lift Jones over the railing—I saw nothing more till they were brought back.
JOHN JAMES ALLEN (policeman.) I know both the prisoners, Davis by the name of Ready, for about six years, and Jones about six weeks—I have seen them together passing and repassing in the neighbourhood of Holborn six or seven times at least—on Thursday morning I saw them in Kingsgate-street.
The prisoner Davis called
MARTHA DAVIS . I am the prisoner's sister. I am a servant out of place at present, and live in Little Coram-street—I was last in service at Mrs. Smith's, in Great Russell-street, Bloomsbury—the prisoner bears a good character—he did not go out last Friday morning until five or three minutes to nine o'clock—I saw him go out—we do not live in the house alone—my father and the landlady live there—my father was at work.
MR. ROBINSON. Q. How do you know the time? A. We have a clock in the room—it was not twenty minutes to nine o'clock when he went out—he lived with me at home—my name is not Ready—it is two months since lived with Mrs. Smith—I lived there nearly twelve months—I was taken j ill, and was obliged to leave—I cannot exactly say what was the matter with me—I was at home washing when the prisoner went out—we have only one room—my father, my sister, and myself all sleep there—my sister was at home that morning—she is outside the Court—when my brother went out, I was standing at the fire-place washing the breakfast things—my sister was getting
ready to go to work—she is an artificial flower maker—she looked at the clock also, as she has to be at work a little after nine o'clock—I do not wash the breakfast things always at a particular time—our house is about 100 yards from Brunswick-square—ours is a Dutch clock—it goes very well—I cannot say when I last set it—I think it was about a month ago—my father set it—it was about five minutes to nine o'clock that the prisoner went out, as well as 1 can judge—I cannot exactly say whether I have any recollection of the time by looking at the clock—it might be a quarter before nine o'clock when he went out—it is no use my telling a story.
DAVIS— GUILTY .†* Aged 18.— Transported for Ten Years.
2128. SAMUEL DILLINGER was indicted for stealing 1 tea-pot, value It, 6d.; 2 bodkins, 1d.; and 2 prints, 1d.; the goods of Moses Levin and another, his masters: and HANNAH LONGRIDGE for feloniously receiving the same, &c.; to which DILLINGER pleaded
GUILTY .— Confined Three Months.
MOSES LEVIN . I am a merchant, and am in partnership with my brother—the prisoner Dillinger has been in my service. I had suspicion, watched him, and saw him go from the warehouse to the stable—I followed him, and found him with three china images, such as we deal in—I charged him with stealing them—he owned it—I sent him away, bat missing a quantity of good"t went to his house with a policeman, and found two or three trifling articles—on the 2nd of Nov. the policeman showed me a tea-pot, two bodkin cases, some beads, and two small pictures, which I cannot swear to, but which Dillinger acknowledged to be mine.
THOMAS KELLEY (policeman.) I accompanied Mr. Levin to Dillinger's house, and found some articles there—he told me something about the prisoner Longridge—she was about two yards from me at the time—I do not think she could hear it.
JAMES CLARK (police-constable K 56.) On this morning I was in my own house, and heard Longridge quarrelling with another girl—the other girl said, "Why do you not throw up the stolen property that was brought to your house by Sam from the Tenter-ground? if you do not I will break them"—I heard something fall on the floor—Bradshaw took up a tea-pot—Longridge took it away from her—I immediately went in, took hold of it, and told Longridge I took her into custody on suspicion of having it unlawfully in her possession—I took her to the station, and afterwards searched the house—I know she lived there—I found some beads, two small pictures, and some images—she said her brother gave her the tea-pot—she was very much intoxicated—she said nothing about anything but the tea-pot.
ANN BRADSHAW . Last Friday night I and Longridge were in a public-house together—we were not very drunk then, but got tipsy afterwards—Dillinger came in and said to her, "Go home and put the images away, for master cannot swear to the tea-pot"—she went home—Dillinger said he saw his master and a policeman about two yards from him—somebody told him they were after him, and he ran up a court—I know that he gave her the tea-pot.
Prisoner Longridge. Q. Were you there when he gave it me? A. Yes.
NOT GUILTY .
NEW COURT.—Tuesday, November 3rd, 1846.
Sixth Jury, before Mr. Common Sergeant.
The witnesses did not appear.
NOT GUILTY .
MR. DOANE conducted the Prosecution.
HARRIET SHRIMPTON . I am forewoman at Messrs. Grocock's, in Bow Churchyard. I give out work to a number of young women to make up at their own houses—there is a weekly accounting—we pay every Saturday—the young women generally fill up their accounts on paper ruled as this paper is—(looking at it)—the prisoner, who was in our employ, came to me with this bill (looking at one) on the 10th of Oct.—when she presented it it was not in the state in which it is now—there have been additions made to the items, which have been interlined, since it was presented to me—the items which were on it when it was presented to me were, two dresses, 1s. 6d., and other items, making the total amount 10s. 5d.—I found it quite correct in my judgment—I ticked the items, and signed the amount at the bottom for 10s. 5d.—I returned the bill to the prisoner, and it was her duty to take it to the cashier to get the money—since then there has been added to it, ten dresses, at 2s.; twenty, at 2s.; and twenty, at 2s.; making the amount 5l. 10s. 5d.—no work of that kind had been done by her—I am quite sure these items were not in the bill when it was presented to me—on the following week this other bill was presented to me as the result of her week's work—the items on it then were two frocks, 1s. 6d. and some other items, and the gross amount was 9s. 9d.—I ticked the items, and signed it for 9s. 9d.—since then there had been added to it ten dresses, at 4s.; twenty, at 2s.; and ten, at 2s.; making the total 5l. 9s. 9d.—I am quite sure the prisoner had none of this work—when the bill was presented to me there was a space left between the lines, and on the lines in those spaces these additions have been written—none of this work was done by her which she has put in—those other items are not ticked by me—I authorized her to receive 10s. 5d. and 9s. 9d. only.
Cross-examined by MR. BALLANTINE. Q. What number of persons have Messrs. Grocock in their employ? A. About 200—about fifty young women work out of doors—I cannot tell how many bills I see on a Saturday morning, perhaps about thirty—they vary considerably in their amount—they come from a great number of different persons—these bills are dated on the back—there is nothing to show from what period, to what period this work was done, but we have books to prove that—the bills are from one week's end to another—it is always the practice to pay them every week—I cannot tell exactly how many bills 1 pay on a Saturday—I do not pay them all, because I do not employ them all—I may sometimes have sixty or seventy persons to pay, and sometimes not more than thirty—I quite recollect these vacancies on these bills I did not make a memorandum of it—it is my duty to give out all the work in my department—nobody gives out the dresses but me—one person could not have, done all this work in a week.
COURT. Q. Has the cashier any authority to pay money but what
you have ticked off? A. He west by the signature and the amount, not the ticks.
MR. DOANE. Q. There was no such work given to her at all? A. No.
WATSON WILSON . I am cashier to Mr. Richard Grocock and his two partners. It was the custom for workwomen to bring their accounts to me to pay—before I paid them I required the signature of Miss Shrimpton—the prisoner, who was in our service, presented these two bills on the 10th and on the 24th of Oct.—they were precisely in this state when she presented them, aod, finding Miss Shrimpton's signature to them, I paid her, 5l. 10s. 5d. on the 10th of Oct., and 5l. 9s. 9d. on the 24th of Oct.—I think the prisoner put her name to them at the time, but I could not swear positively—I went before the Magistrate, and the prisoner had an opportunity of producing the persons who she said she had employed—she received her money of me about twelve o'clock.
GUILTY.—Recommended to mercy by the Jury and Prosecutor— Judgment Respited.
GUILTY . Aged 14.— Confined Three Months.
GUILTY .— Confined Four Months.
2133. SAMUEL GIBBINS was indicted for stealing 1lb. 6oz. weight of cigars, value 11s.; also, 14oz. weight of cigars, 9s.; the goods of Joseph Radford and another, his masters; to both which he pleaded
GUILTY.— Judgment Respited.
(MR. CLARKSON offered no evidence.)
NOT GUILTY .
2135. ISAAC CHAPMAN and DANIEL BENNETT were indicted for stealing 1 bottle, value 2d.; and l½ pint of wine, 3s.; the goods of Henry Prosser Tessier, the master of Chapman; and that Chapman had been before convicted of felony.
HENRY PROSSER TESSIER . I keep the Anchor and Hope public-house, at Wapping. On the 1st of Oct., about four o'clock in the afternoon, a person came and had some conversation with me; in consequence of which, I sent for a constable, and went into the tap-room—I saw the two prisoners there—Chapman was in my service—Bennett was a stranger—Bennett had one hand behind him, and I asked what he had got—he said, "Nothing"—I called in the policeman, who asked him the same question—the policeman put his hand behind, and took from him a bottle containing some wine—I do not keep wine in that tap-room; but the floor of the tap-room is the covering of the wine-cellar, and we found there was a plank that would pull up—the bottle contained about a gill of wine in it, and the cork was broken in—the
plank that was ripped up was six feet long—Chapman said the bottle was not taken then, but that it was one of fifteen that they had taken.
GEORGE TOWNSEND (police-constable H 194.) I was called in—I went to Bennett, and asked him what he had got—he said, "Nothing"—he had his hand behind him—I put my hand behind him, and found this bottle with some Port wine in it.
Chapman. On the 1st of Oct. I went to his house to work; I am innocent; three days before I found half a bottle of wine under the seat; I gave Bennett the empty bottle; James Miller was taken for this robbery, and was remanded; he was waiter to Mr. Tessier for six months. Witness. I believe Miller had not been there that day—he was a thief, but not of this bottle.
Chapman. Miller had been getting wine two or three days before that, and taking it to a coffee-shop in Den mark-street; he took a dozen out that night; I own I found half a pint of wine, and gave Bennett the empty bottle.
CHAPMAN— GUILTY . Aged 25.— Confined Six Months.
BENNETT— NOT GUILTY .
JOHN DAVEY LANGLEY . I am a linen draper, and live at No. 26, Judd-street. On the 3rd of Oct., between seven and eight o'clock in the evening, I was going home—I was about fifteen yards from my door, and saw three men standing in front of my door—one of them took up a chair, with about 300 yards of gingham on it, and went to the other side of the way—I followed on the same side that I was on, and he was met about seventy yards off by another person—I crossed, and asked what they were going to do with it—they dropped it and ran off—I followed the prisoner, and he was stopped by the officer—I cannot swear whether he was the one who took the goods or the one who met the other—the goods were thrown down by the thief or the man he met.
Cross-examined by MR. O'BRIEN. Q. There were three men at first? A. Yes—I would not say whether the prisoner was one of them, but my impression is he was not—the person carrying the goods was met by another man, who it is my impression was the prisoner—he was coming in an opposite direction, running rather fast to meet the other—they met about seventy yards towards Hunter-street, not so far as Hunter-street—it was dark—I could not see where the new comer came from—as soon as he came up they appeared to be parting the goods—the party that stole it had it, and the other man came and put his hands under the chair—I am positive he did not come up to stop him—I crossed over, and the instant I spoke they both ran off—when the other man came up the man with the chair stopped, and then I crossed immediately—I left the other two men who were on the same tide that I was—the chair was outside my door—I did not see the men many seconds before the chair was removed—I cannot say that I saw the men talking—I was some distance from my door.
COURT. Q. Are you sure the prisoner was the one of the three who
carried off the property, or the fourth man? A. I am positive he is one of the four—if he was not the man who met, he was one of the three.
WILLIAM BEALE (police-constable S 88.) I heard a cry of "Stop thief!" and saw the prisoner running before about twenty people—I ran after him—he ran from me—I caught him by the sleeve of his coat—he got from me—I caught him again by the collar and held him.
Cross-examined. Q. It was five or six minutes before the other witness came up, was it not? A. I cannot say to a minute or two.
COURT. Q. Did the prisoner tell you he wished to have something done? A. Yes—at the station he seemed to wish to have it ascertained whether he was the third or the fourth person.
CHARLES CHIVERS (police-constable T 63.) I produce a certificate of the prisoner's former conviction at Clerkenwell—(read—Convicted the 4th of Nov., 1845, and confined six months)—the prisoner is the person.
GUILTY .**— Transported for Seven Years.
GUILTY . — Confined Six Months.
JONATHAN GIBSON . I am an attorney's clerk, and live at Walworth. On the 1st of Oct., about four o'clock in the afternoon, I was looking into a shop window in Gracechurch-street—the officer spoke to me, and I found I had lost my pocket-handkerchief—I saw him take it from Barry's jacket—this is it.
Cross-examined by MR. HORRY. Q. Where was this shop-window? A. Mr. Higham's—it is a crowded part, and a number of persons passing.
MICHAEL HAYDON (City police-constable, No. 274.) On that afternoon, about quarter-past three o'clock, I saw the two prisoners feeling and fumbling about the pockets of persons in the crowd—I watched them for about twenty minutes—I saw Barry go to Mr. Gibson, and take this handkerchief out of his pocket, and put it into his own—Maloney was with him and covering him.
Cross-examined. Q. Where were you standing? A. Sometimes in one place, and sometimes in another—I might have said before that I was watching between ten and twenty minutes—I did not look at my watch—it was more than five minutes—I did not see them anywhere except at Higham's shop.
COURT. Q. Did you see them speak together? A. I did, and I saw Maloney covering Barry.
HENRY FUNNEL (City police-constable, NO. 32.) I was with Haydon. I saw the two prisoners try several people's pockets—at last Barry tried the prosecutor's pocket, and Maloney squeezed up to him—I saw Barry take the handkerchief—I had seen the prisoners together at twelve o'clock—I produce another handkerchief, which I found round Maloney's neck—I had seen him at twelve o'clock with a different handkerchief on.
Cross-examined. Q. You did not see Maloney with Barry at twelve o'clock? A. Yes, I did, as I came out of Nag's-head-court—they walked away from me—I said so at the station that very night—I was not asked that question before the Magistrate—I took this handkerchief off Maloney's neck—it has no mark on it—it might be his own, but he had a different one on at twelve o'clock—they went up into Gracechurch-street—I was in plain clothes then, and also at four o'clock—I had never seen them together before that day to my knowledge—Barry knew me and I let them walk away.
Witness for Defence.
CATHARINE MALONEY . I am the prisoner's mother. We live in Gravel-lane, on the other side of Blackfriars-bridge—on Wednesday, the 21st of Oct., at two o'clock, I sent my son to his father, who works in Leadenhall-market—my son was at home at twelve o'clock, and he was at home all the morning—his boots were broken—this handkerchief is my husband's.
MALONEY— NOT GUILTY .
GUILTY .— Confined One Year.
GUILTY .— Confined One Year.
Before Mr. Common Sergeant.
Prisoner. Did not you send me to pawn them? A. Never—I never gave you leave to pawn them or anything.
JURY. Q. Were they ever pawned with you before? A. Yes, by the prisoner, and taken out by her.
Prisoner's Defence. Mrs. Mc'Kew gave me leave to pawn them.
NOT GUILTY .
Before Mr. Recorder.
ALFRED PLATER . I am the son of Charles Plater, of Stratford. He is in the employ of Messrs. Turner and Montague, cement manufacturers—on the 29th of Sept., about five o'clock in the afternoon, I was standing at my father's stable-door—I saw the two prisoners—Parish was taking corn out of the bin in my father's stable and giving it to Pickett, who put it into a bag—it was a mixture of oats, beans, and chaff—neither of the prisoners had any business there—the stable-door was open—I saw the corn brought out—Pickett held the sack—he brought it out and put it up in his cart—Parish stopped in the stable while it was done—it was Mr. Turner's corn.
Cross-examined by Mr. BALLANTINE. Q. Do not you know Parish at all? A. Yes, he was employed at Mr. Turner's occasionally in jobbing about the yard—Pickett had come with a cart—I did not hear Pickett say that his was a vicious horse, and he must give him something to eat—lie put the
nose-bag into the cart—I did not see him fasten it on the horse—I went away—it was a nose-bag belonging to Pickett—he had brought a load of straw.
Cross-examined by MR. HORRY. Q. When Parish took this you could see him distinctly? A. Yes—I was standing at the stable-door—he could see me and I him—the prisoners were there more than an hour—I knew them both by sight.
CHARLES PLATER . I am the father of Alfred Plater. He gave me in formation on my return home on the 29th of Sept., and I went immediately and gave the prisoners into custody—in fact I never lost sight of the cart with the bag in it—they said they did do it, but did not think any harm in it-there was very nearly half-a-bushel of corn—it was the property of Mr. John Turner and David Montague.
Cross-examined by MR. BALLANTINE. Q. Did you search the cart? A. Yes, and saw a nose-bag—it was explained to me that they put it in a bag—I think there was a hole in the nose-bag—Pcikett had brought a load of straw there—this corn is worth about 1s. 6d.—Pickett had some of my hay feeding his horse—his name was on the cart.
Cross-examined by MR. HORRY. Q. Did not Parish say that Pickett had got a spiteful horse, and he could not keep him quiet without something to eat? A. He said that afterwards, but this never was put on the horse at all—he gave him some of my hay—the horse was quiet enough—he was waiting to receive his money.
JOHN SPENCE (police-constable K 209.) I came up with the prisoner in the Horns public-house. I compared the corn in the long sack with that in the bin in the stable—it appeared to me to be the same—in going to the station Parish went away.
(Pickett received a good character.)
PICKETT— GUILTY . Aged 58.
PARISH— GUILTY . Aged 26.
Recommended to mercy by the Jury. Confined Seven Days.
Before Mr. Common Sergeant.
1613. WILLIAM FLETCHER was indicted for feloniously receiving 3 pewter pots, value 4s., the goods of George Henry Lewis: 2 pewter pott, 2s. 10d., the goods of Charles Gabriel Davey: and 2 pewter pots, 2s. 10d., the goods of Joseph Duck: and 2 pewter pots, 2s. 10d., the goods of Thomas Buckland; knowing them to have been stolen.
MR. CLARKSON offered no evidence.
NOT GUILTY .
Before Mr. Justice Erle.
MR. BRIERLEY conducted the Prosecution.
GEORGE SAMUEL TURTLE . I am the son of Farmer Turtle, a gardener, and live at Old Charlton. On the 20th of Oct. I had some carrots, which I was taking to Mrs. Peacey's—she paid me 2s. for them—I then went to Mr. Salter's for some bread, which I paid 8 1/2 d. for—I came out, and laid the money on the corner of the barrow while I tied my bread up—I saw the prisoner
put his hand and take it off the barrow—I said nothing to him at that time—he directly ran down the lane as hard as he could—I ran after him, caught him just by the church, and said, "Master, you have got my money"—he said, "I have not," and ran down the lane as hard as he could—I ran after him, but did not overtake him—I saw Mr. Mantle—I was crying, and told him of it—I ran and told my father—Mantle said he had seen him, and next day I saw him behind Mr. Randle's tap-room—I and my father went to the inspector, who told us to fetch Mr. Harris—I pointed him out to Mr. Harris, and he was taken in charge—I had known him before, but never spoke to him—I saw him standing by when I came out of the baker's shop—I was not quick enough to take my money up—there was no one else near—the baker had gone in to breakfast.
JOSEPH MANTLE . I am a labourer. On the 20th of Oct. the witness complained tome—I had seen the prisoner going down Anti-gallican-lane, Charlton, and the boy following him—I am sure he is the man—he was walking at a smart pace—I did not know him before—he was nearly ten minutes' walk from the baker's shop—the church is at the top of the lane—I met the boy crying.
GEORGE HARRIS (policeman.) On the 21st of Oct. I took the prisoner at Charlton—I told him, in Collins' presence, he was charged with stealing Is, 3 half d. from that boy—he said he knew nothiog about it—I took him into the yard—he said he was not in Charlton all day yesterday, he was at work—he called out to a man who I understood was in his company—then he said he was in Charlton between nine and ten o'clock in the morning—I know Mr. Trail's signature—what the prisoner said before him was taken down—this is it—(read)—"The prisoner says, 'I had not been to Charlton in the early part of the day,' and being told by the Magistrate he must be committed, he said, 'Can I be allowed to make it up with the boy?"
GUILTY. Aged 21.—Strongly recommended to mercy. — Confined Fourteen Days .
2144. ARTHUR ALDERBURY and WILLIAM JACKSON were indicted for stealing 45 printed books, value 5s. 5d.,; and 3 drawings, 1s.; the goods of James Lowther; and that Alderbury had been before convicted of felony; to which
ALDERBURY pleaded GUILTY . Aged 16.— Confined Six Months.
JACKSON pleaded GUILTY . Aged 17.— Confined Twelve Months.
Before Mr. Common Sergeant.
GUILTY . Aged 32.— Confined Three Months.
GUILTY . Aged 21.— Confined Three Months
2147. ANDREW WILLIAMS and JOSEPH MARTIN were indicted for stealing 1 purse, value 2d.; 1 crown, and 1 sixpence; the property of John Crump, from the person of Susannah Crump; and that Williams had been before convicted of felony; to which
WILLIAMS pleaded GUILTY . Aged 18.— Confined One Year.
MARTIN pleaded GUILTY . Aged 12.— Confined Four Months.
ISAAC SMITH BAGSHAW . I live at Deptford. The prisoner was my apprentice—on the 30th of Sept., in consequence of information I received from my son, I went up stairs and spoke to the prisoner—I got no answer from him, he appeared to be asleep—I said to my son, "Never mind, go to bed; you will find it in the morning"—next morning I called the prisoner into the room, and asked what money he had got in his pocket—he told me he had 6d.—I said, "Have you no more money in your pocket?"—he said, "No, not any more"—I told him there was half-a-crown taken out of my son's pocket since last night, no one had been there but him, and I insisted on its being brought forward—after a great deal of talk, for I suppose ten minutes, I told him he should not leave my presence till the half-crown was found; I should call in a policeman and have him and his bedroom searched—after that he turned round, put the half-crown on the round part of the sofa where I was standing, and said that was the half-crown—he fell on his knees and asked me to forgive him—I said, "This is not the first, second, or third time I have detected you, I shall put you in charge"—it was my half-crown—my son is fifteen years old.
Cross-examined by MR. CLARKSON. Q. How did it become your half-crown? A. I had taken it in business, and given it to my son the evening before—the prisoner has been my apprentice a little more than five years—the Magistrate said, "Would you not wish the indentures to be cancelled?"—I said, "No; the last two years of the lad's time is worth all the first"—I would not let him go, but have him committed, and said when he came out I would have him back again—I have done work under his father for many years—his father had something to do with a building society—I had something to do in preparing the zinc for the houses under Mr. Butler—I was not discharged from that duty in consequence of my neglect—I did not tell Mr. Butler that I could not reach the father, but it would not be long before I had the son in Newgate—it is false, as God is true—I never said so in my life—I never punished one person for another's faults—I had occasion on the Monday evening to send my son on an errand—I gave him two shillings and a half-crown to go and try to buy me a particalar sort of tap, which I did not happen to have in the home—he returned just about eight o'clock—he sleeps in the same room as the prisoner—they occupy different beds—my son changed his trowsers to go to the Scientific Institute—he was in a hurry, and threw his trowsers on the prisoner's bed.
Q. Did not the Magistrate tell you that under the circumstances you were disclosing, you could not expect to convict this prisoner, and he should admit him to bail? A. He told me it was a clear case; he should send him to the Central Criminal Court—I did not say, in a conversation with Mr. Butler, that I could not reach the old man, but I would have the young one in Newgate before long—when I found the half-crown the prisoner was in my onepair-of-stairs front room, under his bed-room—he is in the habit of coming down without his shoes—I waited for him, called him in, and put this question to him about the money, and before he left the room he put the money on the sofa, and implored forgiveness.
FREDERICK BAOSHAW . On the evening of the 29th of Sept. I left my trowsers on the prisoner's bed—there was a half-crown and two shillings in them—I went out, and returned a little later than half-past nine o'clock—I went to my trowsers in about half an hour—the two shillings were there—the half-crown was gone, and my trowsers had been disturbed—the prisoner was in bed when I came home—I said nothing to him.
Cross-examined. Q. The trowsers had been thrown on his bed? A. They had not been thrown—they had been disturbed by being pushed on one side—I looked on the floor—I did not ask the prisoner about it that night—he was asleep—my father told me to go to bed, and look for the half-crown in the morning—I know Mr. Butler had employed my father to do the zincwork on the buildings—I did not know he was discharged—I am employed in working at the zinc business, but not on those buildings.
MR. CLARKSON called
JOHN BUTLER . I am a builder; I have lived in Botolph-lane nearly three years. I know the prisoner and his father—I am connected with a building society—we contracted for the building of sixty houses—the prisoner's father is one of the trustees, and the surveyor of the society—the prosecutor applied to my brother, who is a superintendent of the works at Greenwich, to do the zinc-work, and he was employed by us under the superintendence of the prisoner's father—a complaint was made of the dilatory manner in which he was doing the work, and in consequence of that he was discharged—he afterwards told me that he could not reach the father, but it should not be long before the son was in Newgate—he used that language at the White Hart, at Greenwich, at the time I paid him his account.
NOT GUILTY .
MR. RYLAND conducted the Prosecution.
THOMAS ROBSON . I am a chemist, and have a manufactory in the Woolwich road; the prisoner had been in my employ nearly three years, down to Saturday night, the 3rd of Oct. On the Tuesday following I went to his house with a policeman—I partially searched—I found an old pair of scisson, two boxes, and one or two trinkets—the scissors were mine—I went next day, and found a rocket-spindle and a chisel, which were decidedly mine—tbe prisoner had no business with them.
Cross-examined by MR. PAYNE. Q. Part of your business is to make fireworks? A. Yes—the prisoner made fireworks for me at my place, not at his own place—one or twice he might make them—I bought these scissors at Woolwich—I cannot tell when—I bought six pairs about six months ago—there was no dispute when he left me—his brother took care of my gig—I found a lamp of it broken, and I asked his brother who did it—he said he did not know—I asked the prisoner, and he said he did not know—I said they were two liars together, because I saw them both do it—most likely I said they were two bl—y liars—I turned away the young one first, and then the prisoner said he would not stay—it was on the Tuesday I went to the prisoner's house to search—he was out, but I found him wife and two children—it was about four o'clock in the afternoon—I found the scissors and the two boxes, one on the upper story, and one on the lower—I went into the woman's bed-room, and laid hold of some, blue paper which was lying on the bed—I said it was very like mine—I have every reason to think it was mine—I found the scissors on a table on the ground floor—the wife was not at work—I found one box on the floor—I know these scissors by a little break off the point, which I did myself, and I regretted it at the time—I know the chisel by its being hammered on the top—I found that up stairs in a box, the second day—I know this spindle, because I ran it into the stand it is in with a piece of lead—I took the prisoner's wife and two children to the station, and left nobody in the house.
GEORGE PRITCHARD (police-constable R 183.) I accompanied the prosecutor on the 6th of Oct. to the prisoner's house—I waited outside the door while he went in—he found three boxes and a pair of scissors, which he claimed as his property—the next day a chisel and a rocket-spindle were found, and a quantity of paper—the things are here.
Cross-examined. Q. Did not the prisoner come to the station himself? A. Yes—I know the boxes, because I had an accidental fire, and they are particularly scorched—I had always tools to make rockets—the prisoner has not used his own tools on my premises for making rockets—if he brought his tools it was unknown to me.
MR. PAYNE called
GEORGE BBAN . I live in Dunning's-alley, Bishopsgate-street—I am the father of the prisoner's wife. I am frequently at the prisoner's house—I know all these things that are said to belong to the prosecutor—I know these scissors to have been on the prisoner's premises for two years—I have known these boxes to be there above a year and nine months—the person who made boxes for Mr. Robson gave the prisoner a bit of wood, and he knocked the boxes together himself—I know this chisel—better than two years ago I went with the prisoner and bought two in Petticoat-lane, and this ii one of them—I know this rocket-spindle—I have seen that for a year and nine months—Mr. Perry sold it to the prisoner.
MR. RYLAND. Q. What do you know these scissors by? A. They are narrow points and broad blades—they are almost worn out now—they have sharp points—I have had them myself—I saw the prisoner make these boxes at home—it is two yean ago since I bought the chisel—I know it by the handle being knocked; nothing else.
COURT. Q. When did you first hear of this? A. On the Wednesday; when the prisoner had been before the Magistrate in the morning—he was not committed—he resigned himself up on the Thursday morning—I attended at the Magistrate's, but they would not allow me to speak—nobody prevented my speaking, but they did not ask me.
ABRAHAM PERRY . I live in Baker's-row, Whitechapel-road. I know the Prisoner—I remember selling him a rocket-spindle—it was like this—I have no doubt this iron-work of it is what I sold to the prisoner.
MR. RYLAND. Q. What is the other work? A. Wood; I do not know that—I sold him the iron last February twelve months.
NOT GUILTY .
Before Mr. Recorder.
GUILTY . Aged 36.— Confined One Year.
ELLEN KESSEN . I live in the service of Mr. Bland, at Woolwich. The prisoner was maid-of-all-work in his service for five months—Mr. Bland is married—there was an inquiry about the loss of a shawl when we were both in the same service—I saw the shawl when I first went there, on the 10th of June—the prisoner looked, or affected to look, for the shawl many times—she left my master's service last week, I think—I had seen the shawl that was missed—this now produced is it.
WILLIAM GLADWIN (police-constable R 122.) I apprehended the prisoner on the 22nd of Oct., at a lodging-house in Rope-yard Rails, Woolwich—the had this shawl on—I told her to take that shawl off, she was charged on sus picion of stealing it—Kessen was present—I showed her the shawl, and said, "Is this the shawl Mrs. Bland lost?"—she said, "Yes," and Mr. Bland gave her into custody—the prisoner said she bought it twelve months ago—I understood she had left Mr. Bland's about a fortnight before she was taken.
HENRY BLAND . I am independent, and live at Woolwich. This shawl was missed some considerable time ago—the prisoner was in my service, and, from circumstances that took place, we were led to believe she had the shawl—Kessen was sent to her lodging, and it was found on her person—she had then left my service about a week—this is the shawl—it cost 7s.—here is a particular mark on it, which Kessen knows—my wife was cutting some bread soon after she had the shawl! and the knife cut through the shawl into her clothes.
ELLEN KESSEN re-examined. I know this shawl by a small cut which my mistress cut when cutting some bread and jam while I was in the room—and this shawl is what Mrs. Bland wore—here is the mark—I can see the precise place where the cut was made—it is at the corner—I am quite sure of the shawl, and I know the pattern—I lived with my mistress six months ago, and she always wore it then—it was winter time.
Prisoner. I took the shawl to be my own; I had one like it.
MRS. BLAND. I had never seen her with a shawl like it—she was looking after this shawl when it was missed—she accused a fellow-servant, and I dis-charged that servant, from her accusation.
GUILTY. Aged 20—Recommended to mercy by the Prosecutor and Jury. — Confined Fourteen Days.
MESSRS. GODSON and PETERSDORF conducted the Prosecution.
GEORGE HAY (police-constable R 91.) I was on duty on the 29th of Sept., in company with Nosworthy—I met the prisoner in Brunswick-square, Deptford, at half-past twelve o'clock that night—he was carrying this lead on his head—I hailed him to stop—he threw the lead down, and ran off—he was then dressed in a smock-frock—I had known him before, and was quite familiar with his person—I attempted to overtake him—I lost sight of him, but knowing him, I went straight to the barracks—I got there before him, and when he came he had taken off his smock-frock, and got it buttoned under his white jacket—the corporal asked him how he got out in that dress—I said to him, "You are not going inside," and took him to the stationhe said he would have served me out if I had been by myself.
COURT. Q. How had you known him? A. He was at the police-court on Monday, the 28th of Sept., on another charge—he then bad on his red jacket—(he is a marine)—when he came to the barracks that night he was in a white jacket, with his smock-frock buttoned under it—when he was carrying the lead he had the smock-frock outside—his jacket was a military white jacket.
MR. PSTSRSDORF. Q. Did you at any time compare this lead with a vacant space? A. Yes, on the roof of the barracks—I went in company with the sergeant and fitted it—it fitted exactly—it supplied all the deficiency at that place—there was more missing from another place.
Prisoner. Q. Did you see me in Brunswick-square distinctly? A. Yes
by the light of a lamp at the corner of the square, about ten yards from where I saw you.
Prisoner. I was not in the square at all.
WILLIAM NOSWORTHY (police-constable R 324.) I was in company with Hay—I met the prisoner in Brunswick-square—he had this piece of lead on his head—Hay spoke to him—he dropped the lead and ran away—I was left in charge of the lead—I have had the care of it, and know it to be the same.
COURT. Q. What opportunity had you of seeing him? A. As he passed me I looked more at him than I did at what he had—the light was about fifteen or twenty yards off, to the best of my opinion—the prisoner had a cloth cap on, rather a green one—it was not a military cap—he was dressed in a smock-frock.
JAMES M'DONALD . I am colour-sergeant in the Woolwich division of marines—I have been so nearly twenty-three years. I was on duty at the barracks on the 28th of Sept.—the prisoner was a private marine at the barracks, on active service—he was a prisoner at large in the barracks, for forging a pass—I saw him at half-past nine in the evening on the 28th of Sept., at the time of the muster, at the calling of the roll in the barracks—he had his cloth trowsers on and check shirt and no jacket—the fatigue dress of a marine is a slop-frock to go to work in, the same as the prisoner wears now—his white jacket is his summer dress—I saw him on the 28th with his fatigue-frock on—that is the dress the marines use when they are cleaning the barracks and at dirty work—they are not permitted to wear that dress out of barracks—I did not see the prisoner again till I saw him at ten o'clock-the next day at Greenwich—the corporal of the guard came and called me up that night, about a quarter before one—I called the roll in the rooms, and awoke everybody up—I found that the prisoner was absent—I attended the police-court, and the police-constable came with me, with some lead, which I saw fitted on the roof of the barracks over No. 4 barrack-room—it is a piece of lead that goes against the chimney to keep the wet from lodging there—there had been holdfasts to keep it on, and on comparing the lead, the holdfasts fitted exactly—I had noticed the lead there safe at six o'clock in the evening on the 28th—it is my duty to look round the barracks—the lead was there then, and on the 29th it was gone—it had left a regular opening on die barracks—I examined the prisoner's kit on the night of the 28th, and his frock was not there—these are government barracks, the property of the Queen.
Prisoner. On the 28th of Sept. I went to Greenwich; I had agreed to meet a man and woman there; I did not find the party; I had a pint or two of beer; it was time to shut up; I came out, and coming towards Deptford, I met a marine, dressed the same as myself, in a white jacket and a frock; he was running; he said he was going to desert, and asked me to go with him; I said I should do no such thing; I left him to go his way, and I went mine; I have since understood that man has deserted; I went on to the bar-racks as fast as I could, and I saw a party standing near the barrack-gate; I thought they might be officers; I thought, "I know I am guilty, I have broken my confinement; but I will go straight in;" I was going to the gate, and the policeman accused me of this; I am as innocent as a child.
JAMES M'DONALD re-examined. There was a man missing from the same room that night—whether he has returned I do not know—ours is only a de-tachment—he may have returned to head-quarters—his frock was deficient the same night.
JURY. Q. Was the roan who is away anything similar to this person? A. he is a short dark man, not at all like the prisoner, and he is old enough to be the prisoner's father.
Prisoner. When I came up the policeman took me; he said, "You know what I mean;" I said, "I do not know what you mean;" he said, "You was in Brunswick-square with some lead;" I said, "I was not;" he took off a little blue cap I had on, and then he said, "Now I will swear to the man; here is the mark of the lead on his head;" he said to the other policeman, "You saw him the same as I did;" he said, "You," and he said, "You swear the same as I do."
COURT to GEORGE HAT. Q. Was any doubt suggested by either of you at the time he was taken? A. No, not a bit—he passed within a foot of me—I did not express any doubt of his being the man—I had seen him at the police-station about twelve hours before.
GUILTY . Aged 22.— Confined Twelve Months.
MESSRS. GODSON and PETERSDORF conducted the Prosecution.
RICHARD WHITE . I am a Thames police-surveyor. On Wednesday evening, the 30th of Sept., I was on duty at the landing-place at the stain in Hogg-lane, Woolwich. A boat came up with the two defendants in it—they were sitting in the after-part of the boat, on the benches—their feet were placed over a bag of copper, which was lying down in the after-part of the boat—I asked them where they came from?—they both told me from Her Majesty's ship Plover then lying off the dock-yard—this is the bag of copper which I found in the after-part of the boat—it had been under their feet—at the time I found it they were still in the boat—Berry was in the act of passing out of the boat—I asked her how she came by the copper?—he said a man or a person on board the Plover had given her the copper, telling her there were no marks upon it, and that it was private property—she walked out of the boat, and I lost her—I went aft and asked Motton what account he gave of it?—he said it was given him by a person on board the Plover—that it was no use—it was knocking about the deck, and he thought there was no harm in taking it—(the Plover was about half a mile from where I saw the boat)—I told him he must know there was no power in any one on board, or for sailors, giving copper away—I took him in custody—I have known him three or four years—the prisoners are both engaged as bum-boaters, that is in taking bread and sausages, and other things, on board ships, that sailors might want—the next morning I went on board the Plover—Motton was in my boat with my people—when I got near the Plover I saw Berry on board a coal-hulk that lay alongside the Plover—I told her I wanted to speak to her about the copper she had with her last night in the boat—she said a person named Jones gave her the copper on board the Plover—I asked her to point out Jones, and she did so—Jones said, in her presence, "No, I never gave you any copper at all"—I said she must know that he had no power to give copper, or any stores belonging to Her Majesty—she said he told her it had no mark on it, and it was private property—this is the copper—it has the broad-arrow on it, and this is the bag it was in, which is also marked with the arrow—when I went on board the Plover there was plenty of copper on board, of the same description.
Cross-examined by MR. HORRY. Q. You have known Berry for some years? A. Yes—I never knew anything of this sort against her—she has generally borne a very good character—she lives at Portsmouth—it is the custom of sailors to get supplied with things by these bum-boaters, and then they come to town to get paid for them—I think the Plover was a week
at Portsmouth before she got paid—I know Motton—I never knew anything against him—I believe he is servant to Berry, and attends in her boat to assist her—Berry told me where her lodgings were—the boat had some empty baskets in it, and beer bottles, and other things, coming from the ship—I was on the stairs on the look-out—if I had seen any other boat coming I should have done the same.
MR. GODSON. Is Mrs. Berry a married woman? A. I believe she is—she was in a boat belonging to a man named Symons—she had hired it.
DAVID ROY . I am a clerk in the store-department at Woolwich—this copper is marked with the broad-arrow—that is the mark put on Her Majesty's naval stores—here is the mark on five places on this piece of copper—it is copper-sheeting used for sheeting the bottom of ships—I do not see the mark on this other piece at all—it is so much corroded—the whole of the copper is more than one-third worn—it is sent to the dock-yard to be melted again.
cross-examined. Q. When you first saw this, it had all the appearance of old copper? A. Yes—I am not aware that it has been rubbed in order to find the mark—none of the marks are very apparent—they are distinct enough for me to recognise them.
JAMES JONES . I was serving on board the Plover as armorer—I had not the care of the old sheeting that had been taken from the vessel—I had to best it out to come to the dock-yard—I have been in the Navy thirty-one years, and have been a petty officer twenty-nine years—I have been with the Plover in the Bast Indies for five years and some months—when we came home we first came to Portsmouth, and sailed away the second day after we arrived—we came to Woolwich—I was ordered by the commander to beat out some copper sheeting that had been taken from the bottom of the vessel—I did not give any of it to either of these defendants—it laid not in my power to give it—this copper was inside the lining of the ship—it had been put up to keep the water which washed up from damaging the stores—it was to be returned.
Cross-examined. Q. You saw Mrs. Berry at Portsmouth? A. I saw her on board the first anchorage—if I had anything of her, I paid ready money—she did not come to Woolwich to receive her money from me—I owed her nothing—I saw her at Woolwich—I fell into conversation with her, but very slightly—I had too much to attend to—our talk was nothing, no farther than passing—this copper was all on the upper deck when Mr. White came on board—I had orders to produce the copper on the quarter-deck—Mr. White came to know where this copper came from—Mrs. Berry could not say firmly that I was the person who gave her the copper—she pretended to say it, and endeavoured to bring a witness—I denied it—she did not say in my presence that she could bring a witness.
Q. When Berry spoke to you and you denied it, did not a person say, "O yes, you did; 1 heard you talk about it?" A. That was spoken in the presence of Mr. White—the person's name was Hoskins, a marine—he said he heard me say that they might have it.
MR. GODSON to JAMES JONES. Q. What medal is that you wear? A. For my services in China—Hoskins is a private marine—I have known him five years and some months—he was in China, in the Plover—he has not a medal—he is not entitled to one, through misconduct.
MR. HORRY. Q. Did not Berry have a talk with you about the copper at the forecastle? A. It might be so, I cannot say—I did not show her that old copper, and say it was knocking about the ship, and she might have it, nor say it was old copper knocking about the deck—I was knocking it about myself, beating it out.
Q. Did you say that the captain had ordered you to throw it overboard? A. No, nothing of the kind took place—she did not say to me that she thought it might be marked, or belong to the ship—I did not say it was private property, and was not marked, or that Mr. Fox said it might be thrown overboard.
COURT. Q. Are there any perquisites allowed to any of the persons on board a ship of stores, which may be considered as used up or spoiled? A. No, they are always reserved for returning.
JAMES SYMONS . I am a waterman at Woolwich. I remember, on the 30th of Sept., bringing the two defendants from the Plover—I had taken them there—I rowed them backwards and forwards during the day with things—in the evening I brought them on shore, and Mr. White stepped into the boat and found this copper—to the best of my belief Jones is not the man who handed me a bag into the boat.
COURT. Q. Did you work the boat? A. Yes—it was nearly full of baskets—they had taken provisions in the baskets—I did not know there was any copper sheeting till Mr. White stepped into the boat and found it—I did not know Jones—I saw him before the Magistrate—I did not hand any of the things into the boat—two or three persons in the vessel did—they always hand the things into the boat before the bum-boat people—I was in the boat the whole time it was loading, to return—I do not know who pot this bag of copper in—I was not allowed on board the ship—part of the crew handed the things into the boat—the defendants did not hand any of them—I did not notice when the bag of copper came in—I sat on the main thwart—I did not know of this bag of copper being in the boat at all—the main thwart is five or six feet from the sitting-bench.
Cross-examined. Q. Do not you recollect that two seamen handed that to you? A. They did not—two seamen handed the things down—this mutt have come in with other things, but I did not see it come—I did not help anything into the boat.
Q. Supposing you told anybody that two seamen handed that bag down to you from the Plover, was that true or false? A. I swore before the Magistrate there were two or three persons belonging to the vessel, who handed all "the things down into the boat—I did not receive any—to the best of my knowledge, Berry was in the ship at the time the things came into the boat—she came down after I took the things, and I rowed ashore directly—the men that handed the things down passed them into the boat—they were not stowed away—the baskets were thrown down any how—as far as anything was put into the boat, it was done by these people, neither by Berry, nor me, nor Motton—I saw the bag when everything in the boat was open to be seen.
MR. GODSON. Q. When Mr. White came, where did he find the bag? A. It was abaft the main stretcher—nobody was near it—Berry's feet were about a foot from it—I was about the same distance from it—I was present when the bag was found—Mr. White pointed it out to me—I did not own it—I did not hear what passed between Mr. White and Berry.
COURT. Q. You were in the boat, and saw the things put in, how did that bag get in? A. I do not know—I saw the things come in—it was in the dusk of the evening—I was holding on the boat's head—I was not paying attention to what came in—this copper might have made a noise in coming down, where there was no confusion—my feet were about two feet from the bag.
is always made of the copper, that it may be returned—copper is never sold out of the service—it is always sent to be re-manufactured.
MR. HORRY to RICHARD WHITE. Q. When the conversation took place with Berry had you taken the copper out? A. No—it was in the bag—I could tell it was copper as soon as I put my hand on it.
MOTTEN— GUILTY .— Confined Twenty-one Days, fined One Shilling , and enter into recognizances.
BERRY— GUILTY .— Confined Five Days, and fined Ten Pounds.
Before Mr. Common Sergeant.
DAVID BARBER . I am in the employ of the General Steam Navigation Company. The prisoner was a seaman on board the Clarence steam-vessel—the company supply sperm oil for the use of that vessel—we have not missed any from the quantity we had on board—the oil produced is sperm oil, and resembles what we had on board—I believe it to be ours.
WILLIAM COX (Thames police-constable, No. 72.) At half-past five o'clock in the evening, on the 1st of Oct., I stopped the prisoner, carrying these two bottles of oil—he was coining in a direction from the Steam Navigation Com pany's vessel the Clarence—I asked what he had got—he said, "Two bottle of oil"—I said, "Where did you come from?"—he said, "From the Clarence"—I said, "I think it belongs to the vessel"—he said, "It does; it is the oil we burn in the forecastle; I have made free with it, and am sorry for it."
Prisoner's Defence. On coming ashore one night, a man asked me if I would purchase some casks of oil; I said I did not want it; he then said, "I have two bottles, and I will let you have it for 2s.," I bought it, and proved it on the boat; it was lamp oil, and I believe it was sperm; next evening I came en shore; the officer stopped me; he asked me where I got it, and I told him the same as he has stated—I was timid.
GUILTY. Aged 31.—Recommended to mercy by the Jury and Prosecutor Confined One Month.
Before Edward Bullock, Esq.
FERRELL pleaded GUILTY . Aged 14.
BAXTER pleaded GUILTY . Aged 13.
Confined Four Months.
JAMES HOWES MOULTON . I am a carpenter, and live in Prospect-place, Greenwich. On Monday evening, the 19th of Oct., I was at Charlton fair, standing by one of the stalls—the policeman came and asked if I had lost my handkerchief; I felt in my pocket, and my handkerchief was gone—this is it.
JOHN WHITE (police-constable R 180.) I was on duty at Charlton Fair on the 19th of Oct.—I saw the three prisoners together—I saw Baxter put his hand into the prosecutor's pocket, take out a handkerchief, and hand it to Ferrell, and in the meantime Harrison was standing behind him, covering him—I took Harrison to the station—I found on him a silk handkerchief, but not the prosecutor's—he said he had not been with the other boys.
Cross-examined by MR. WILDE. Q. Was any one with you? A. Yes, Lovell—we were not half a yard apart.
White—I saw the three prisoners together—I saw them go against the prosecutor, and Baxter handed something to Ferrell—I took hold of Ferrell's hand, and took this handkerchief from it—I had seen the prisoners for about an hour before, in seven or eight different places in the fair—I saw Baxter try a pocket before.
HARRISON— GUILTY . Aged 19.— Confined Four Months.
2156. MARY CUNNINGHAM was indicted for stealing 1 vinegarette, value 10s.; 3 handkerchiefs, 7s.; 1 pair of bracelets, 5s.; 2 aprons, 2s.; 6 yards of ribbon, 2s.; 6 yards of lace, 2s.; 1 pair of gloves, 1s.; 2 pieces of silk, 1s.; 1 yard of crape, 6d.; 1 comforter, 6s.; 4 sovereigns, and 36 groats; the property of Elizabeth Roarke.
ELIZABETH ROARKE . I am single, and live in George-street, Deptford, with Mr. Wegg, my uncle. The prisoner was in his service—I missed some stockings and two pocket-handkerchiefs—I have not seen them again—I told the prisoner of it—she said she had not seen them—I afterwards missed some cambric—I spoke to her—she said she had not seen that, and said I might look into her boxes—I went from home in the beginning of Sept., and left her in the house—I returned home, and on the 19th of Oct., when I had been at home a week, I missed four sovereigns, about 125. worth of fourpenny-pieces, and the other articles named, from a cupboard in my bed-room—the prisoner bad left on that day, before I missed them—the cupboard was kept locked, and I kept the key in the drawer in my bed-room—the drawer was locked, and 1 left the key of it in a book-case in the parlour down stairs, while I was from home, and when I was at home I kept it myself—I left 10l. in gold in that cupboard, and 15s. 6d. in half-crowns and shillings—when I came back I found only 6l. 15s. 6d.—the fourpenny-pieces which I missed were in a little tin box in the cupboard—I missed a bracelet, a silver vinegarette, and two spoons—some of the things are here—they are mine.
JOHN EVANS (police-constable R 190.) On the 22nd of Oct. I went with Miss Roarke to No. 47, Fetter-lane, and found the prisoner—I told her she was charged by Mr. Wegg with stealing some money and other things—she said, "I know nothing about it; I never stole anything at all"—I found this bracelet hanging over the mantel-shelf—I found in her box, in the same place, the vinegarette, these ear-rings, and this handkerchief, two aprons, a quantity of ribbons and silk; and two handkerchiefs, 1 found in possession of her mother, who said her daughter had brought the handkerchiefs home, and the daughter did not deny it—I asked the prosecutrix if she could identify the property—she said, "Yes"—I asked the prisoner where she got the bracelets—she said, "I brought them from Mr. Wegg's."
Prisoner. The money I know nothing about; I took the bracelet; I did not take the money.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Recorder.
2157. THOMAS MORRISS was indicted for stealing 2 copper damps, value 2a. 6d.; also 2 1/21bs. weight of copper, 2s. 6d.; and 2 1/2lbs. weight of Muntz's patent metal, 2s.; the goods of Thomas Henry Maudsley and others, his masters; to which he pleaded
GUILTY . Aged 45.— Confined One Month.
PENNELL† pleaded GUILTY . Aged 15.— Confined Three Months.
ROBERT TOMLINSON . I am foreman to James Wigley, a lighterman, of Commercial-road, Lambeth, I lost a quantity of rope from a barge at Lack's-dock, Vauxhall, on the 3rd of Oct.—I sent the barge there on the 2nd, with about thirty fathoms of rope-about twenty-five fathoms were found at the station—I know the rope produced to be it by the yarn-my master has worsted laid in his rope, on purpose to identify it.
WILLIAM ATLER (police-constable L 110.) On the 3rd of Oct., about a quarter after seven o'clock in the evening, I was in High-steet, Vauxhall, and saw the four prisoners go down Lack's-dock, which leads to the river—in a quarter of an hour afterwards I saw Wright and Sage come out-they both hallooed out, "All right"—on that Pennell and Evans came up—they each had a bag containing something—I caught Pennell—Evans ran away—I found in the bag a quantity of rope, part of that produced—he said wright and Sage had taken it out of the cabin of a barge and cut it up-Wright said he knew nothing about it—he was not taken till the following day—Sage said he was at Lack's-dock, but knew nothing about it—Evans said be knew nothing about it—I am certain they are the four hoys I saw.
Prisoner Pennell. I was going by the dock, saw the rpoe laying there, and took it up.
Prisoner Evans. I was at work at the time. Witness. I saw Evans carrying the bag of rope—I am quite cure of all of them—I knew them well before—I only secured Pennell at the time—I had seen him about before—there was a good light—I am sure I am not mistaken in their persons.
Sage's Defence. I and Evans were coming home; we stopped at the top of the court; the other two boys were there at the time; I was calling "Wright" by name, not saying, "All right."
WRIGHT— GUILTY . † Aged 13.— Confined Six Months.
SAGE- GUILTY . † Aged. 16.
EVANS— GUILTY .† Aged 13. Confined Three Months.
Before Mr. Recorder.
2159. THOMAS BASSETT was indieted for stealing 1 gelding, value 10l.; 1 set of harness, 1l. 10s.; the goods of Henry Piper: and GEORGE THOMPSON for harbouring and maintaining the said Thomas Bassett, knowing him to have committed the said felony,
RICHARD COLLINS . I am carman to Henry Piper, a market-gardener. On the 1st of Oct., a little after five o'clock in the evening, I was driving my master's wagon and two horses along the Dover-road—Bassett came up to me and said, "I want the chain-horse"—I did not know him before—I said, "What for?"—he said he had left ray master at the bottom of the Dover-road, that he was gone up Kent-street, and had sent him to fetch the horse to carry a load of cabbages from the Kingsland-road—he said master had got his big cart and a chesnut horse with him, and was gone on to Kent-street with it. and had told him he would wait at St. George's church till he got there—I went there with him—my master was not there—he then said, "I dare say he is gone on towards London-bridge"—I went with him nearly to the Town-hall—he then ran forwards, and came back, and said he had overtaken master
going over the bridge, and he had sent him for the chain-horse, that I was to go on with the other, and master would return in three hours—he mentioned the name of the horse, which was Duke—I then let him have it, and he went away with it—on the Saturday I went with my master to the Repository in Little Britain, and found the horse and bridle—we found the harness on the 10th in Union-street, Borough, at a cabmaster's.
HENRY PIPER . I live in the Old Kent-road. I have known Bassett's person about two years—I did not send him at any time for the chain-horse—my chesnut horse and cart had been out that day, but was at home at five o'clock in the evening—I did not go or send to Kingsland-road for any cabbages that day—I found the horse at the Repository—it is worth 10l., and the harness 30s.
SILAS SMITH . I live in Little Britain. Bassett brought the horse to me with a note, and said he came from Mr. Pox—I knew Fox—he said Fox wanted 5l. or 6l. on the horse, as he had an execution—I gave him six sovereigns—I am certain he is the man—I never saw him before—the bridle was with the horse—I gave them both to Waller—on the following Thursday the prisoner Thompson brought a note to me—Bassett was waiting outside at the time—I gave Thompson into custody, and Bassett was taken also.
SAMUEL WINKFTELD . I am a harness-maker, and live in the Borough. On the 7th of Oct., about three o'clock, the prisoner Thompson came to my shop and asked if I bought second-hand harness—I said, "Yes"—he said it was old harness belonging to his master, Mr. Major, a green-grocer, in Union-street—I said I must see it—he said he would go and fetch his master—in about half an hour he returned with Bassett, who said, "I have brought you the harness to look at"—I examined it—it was broken—he said he lent it to a man who had broken it—I said, "Here is M on the plate"—Bassett said, "Yes, that is my name; my name is Major; I live at No. 47, lower down here"—I said, "What do you want?"—he said, 12s.—I said it was not worth more than 8s.—he said, "You must give me 10s."—I said, "No"—he said, "Well, you must have it"—Bassett took the money and they both went away together.
Bassett's Defence. I did obtain the horse, but had no thought of stealing it.
Thompson's Defence. I was employed by Bassett to sell the harness; I did not know it was stolen; I told Winkfield I had worked for a Mr. Major, not that he was my master; I told him a young man had some to sell; Bassett came with me, and he received the money.
BASSETT— GUILTY . Aged 18.— Confined Eighteen Months.
THOMPSON— GUILTY . Aged 25.— Confined Twelve Months.
MR. BALLANTINE conducted the Prosecution.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Two Months, and to enter into his own recognizances.
Before Mr. Justice Erle.
MESSRS. CLARKE and NAYLOR conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant solicitor to her Majesty's Mint I produce a copy of the record of the conviction of Benjamin Stock aft this Court in Aug., 1845—I have examined it with the original—it is correct—(read.)
SUSAN BURT . I am shopwoman to Mr. Ralton, haberdasher, Waterloo-road. On the 3rd of Aug. the prisoner came to the shop and asked for a handkerchief, which came to 1d.—he gave me a crown-piece—I bit it, found it was bad, laid it down, and he took it up immediately—I told him it was bad—he said he had other money—he did not offer me any other, but left the shop immediately, leaving the handkerchief.
WILLIAM MORRIS . I am a draper, and live in Royal-street, Lambeth. On the 3rd of Oct., at six o'clock in the evening, the prisoner came and asked for a pair of cheap braces—I showed him a pair for 4d.—he offered me a crown-piece, which I objected to, as it was bad—he said he could let me have other money—I sent for a policeman, and gave him in charge with the crown-piece.
RICHARD BURDER (policeman.) On the 3rd of Oct. Morris called me—I received a crown-piece from him, and took the prisoner to the Tower-street station—I found a shilling, six sixpences, and a fourpenny-piece on him—Carter, the inspector, was present at the time.
THOMAS WILLIAM CARTBR (policeman.) I took charge of the prisoner at the Tower-street station—while I was taking the charge he took his right hand from his trowsers' pocket, and put it to his mouth—he was two or three minutes endeavouring to swallow something—he bad great difficulty in doing so, and for five or ten minutes afterwards he was in a great perspiration, and appeared in great pain—he could not speak—he was quite calm and in no perspiration before that—I informed the gaolor that he had swallowed something.
JOHN CONSTABLE (policeman.) On the 3rd of Oct. I was acting as gaoler at the station—the prisoner was brought there—before I put him Into the cell, in consequence of what Carter told me, I examined the water-closet—there was nothing in it but water—the prisoner appeared to be in the greatest agony, and said he should not live to go before the Magistrate, if somebody was not put with him in the cell—he knelt down in the cell, put his hands on the seat, and appeared in great agony—he asked if he could be allowed some coffee and bread and butter, which he had—I went off duty at nine o'clock—there was then nobody in the cell but him—I went on duty again at seven o'clock next morning—a prisoner named Walker was there then—the prisoner remained in the cell until Monday morning—during that time two more were put into the cell, M'Carthy and Alexander—on the Monday morning, after they had all gone out of the cell, I turned the water on to the water-closet, washed all the soil out, and found this half-crown in the basin.
JOHN WALKER . I am an engineer, and live at No. 15, Dyer-street. On the 3rd of Oct. I was taken to the Tower-street station for a bit of a row, and placed in the same cell as the prisoner—when I went in he said he was very queer, he did not know what was the matter with him, whether it was drink or what made him so—he went to the water-closet—on Sunday M'Carthy and Alexander were brought in—I went to the water-closet—I did not put a half-crown into the basin; I had none about me.
in the same cell in the station as the prisoner—I saw the prisoner go to the water-closet twice on Sunday, and once on Monday morning—he was walking up and down the cell, and complained very much of internal suffering—I went to the water-closet myself—I did not put any bad money there, and had not swallowed any.
JOHN ALEXANDER . I am a general dealer. On Sunday, the 4th of Oct., I was in the cell with the prisoner and the two witnesses—nobody else was there—I did not see the prisoner go to the water-closet—he was walking up and down, and said he felt rather queer—I went to the water-closet—I did not put any half-crown there, and never swallowed one.
Prisoners Defence. I bought half a dozen chickens, which I sold, and took the bad 5s. piece, and a sixpence for them; I went into the shop, and gave the 5s. piece; but did not know it was bad; I know nothing of the half-crown; anybody else might have put it there as well as me; I believe it is impossible for a half-crown to go through a person in forty-eight hours.
GUILTY . Aged 23.— Transported for Seven Years.
Before Lord Chief Baron Pollock.
MR. DOANE conducted the Prosecution.
CAROLINE MATILDA CHILD . I am the wife of Robert William Child, a watch-maker, of High-street, Camberwell. On the evening of the 9th of Oct, the prisoner came into the shop, and asked to look at a double-bottomed silver watch—I showed him one—I put the watch on the counter—he took it up, took the ticket off it, seemed to object to the price, and asked if we had any more—I said to Mr. Fry, "Have you any more?"—as I said that the prisoner ran out of the shop with the watch—I am quite sure he is the man—I saw him in custody in about ten minutes—the watch was was worth 3l. 15s.—that was the price on the ticket—the prisoner was smoking a pipe.
DAVID CLYNE (policeman.) I was on duty near Mr. Child's shop, and heard a cry of "Stop thief!" saw the prisoner running, and caught him—it was dark—he said, "Old chap, you have caught me at last; I have winded you"—a person named Fry came up in about a minute, said he had stolen a watch, and gave him in charge—the prisoner said nothing to that—Mrs. Child identified him.
Prisoner. Before the Magistrate he only said I said I had warmed him; the Magistrate asked him three times if he had anything more to say; he said, "No;" but when the clerk took the deposition, he said I said, "You have caught me at last, I have warmed you." Witness. I did not name it before the Magistrate, being rather confused, but stated it in my depositions.
HENRY ANSELL . I am a chimney-sweeper. I found the watch at the entrance of a very narrow shed, in High-street, Camberwell, about 100 yards from the shop, in the direction of the Windham-road, close to a ditch.
MRS. CHILD re-examined. This is the watch.
Prisoner's Defence. I was passing along High-street, heard a cry of "Stop thief!" and ran, with a lot more; as I turned the corner of Windham-road a policeman stopped me.
GUILTY . Aged 19.— Confined Four Months.
(There was another indictment against the prisoner.)
Before Mr. Justice Erie.
CHARLES HENRY GRIFFITH . I am salesman to Mr. Russell, pawnbroker, of Frederick-place, Old Kent-road. On the 5th of Oct. I was sent for by a boy, who gave me information—I went to Cornbury-street, and found the prisoner rolling up two blankets under her arm—I said, "What have you got there?"—she said, "Nothing of yours"—I took them from her—they are my master's—there had been a pile of them outside the shop, on a chair.
Prisoner's Defence. A young woman in the street asked me to hold them until she returned; I was standing with my back to the palings, in the open street.
CHARLES HENRT GRIFFITH re-examined. She was in a sort of passage out of the street, which is no thoroughfare—anybody could see her from the houses opposite, but not from the street—I do not know the boy that gave roe information—he said a woman had run round with the blankets—the prisoner was standing still 400 or 500 yards from the shop—this is my master's mark on the blankets—I do not know how many blankets we bad—when we sell articles we take the mark off.
NOT GUILTY .
2164. JOHN FRANKLIN and WILLIAM WILLIAMSON were indicted for stealing, at St. George the Martyr, Southwark, 104 yards of serge, value 12l.; 8 1/2 yards of satin, 4l. 14s. 6d.; 58 yards of doeskin, 1l. 18s. 6d; and 9 yards of buckskin, 2l. 5s.; the goods of James Walker and Thomas Gordon, in their dwelling-house; and that Franklin had been formerly convicted of felony; and JOHN WALKER for feloniously receiving the same, well knowing them to have been stolen.
MR. BODKIN conducted the Prosecution.
JOSEPH MOUNT (policeman.) On the 7th of Sept., about nine o'clock in the morning, in consequence of information, I went to a chapel in Little Chapel-street, Soho, to watch a house—I knew Walker lived there—about nine o'clock I saw him go out, and in about twenty minutes afterwards saw Williamson go in—the door was ajar—I had seen the landlady cleaning the steps of the door—she had finished cleaning them about ten mi-nutes before Williamson went in—he remained in the house two or three minutes, then came out, and went towards Great Chapel-street—he came back in about two minutes, followed by Franklin, who was carrying a bag on his shoulder—they were about two yards apart—the bag appeared to contain rolls of cloth—it was full of something apparently round—the door was ajar, Williamson pushed it open, and they both went in together—I then left the chapel, and went to Whall's house—he sent a man to fetch sergeant Gray—I was absent about three minutes, then returned to the chapel, continued watching, and saw Walker go into the house about twenty minutes after the other two had gone in—I then saw Williamson and Franklin come out together—Gray immediately followed and apprehended them—Williamson was very violent, kicked and assaulted several persons, and tried to get out a life-preserver from his pocket—we took them both to the station—it was a blue bag they had.
Cross-examined by MR. O'BRIEN. Q. It is a very narrow street? A. Yes—Williamson and Franklin remained nearly half an hour in the house-three or four families live in the house—I do not know the occupation of any
of them, or whether a tailor lives there—I afterwards went into the house, but not when the cloth was found—I have been a sergeant, but was reduced for neglect.
Cross-examined by MR. MELLOR. Q. Is the chapel immediately facing the house? A. Yes—I was alone, except the man who cleans the chapel—I was in private clothes—I went out into the street and back into the chapel once or twice—Williamson was two or three yards in advance of Franklin.
JOHN GRAY (police-sergeant.) On the 7th of Sept. I was fetched by Mount to Little Chapel-street—I have known Walker was living at No. 3, for between ten and eleven months—soon after I got there I saw him go into the house, and Franklin and Williamson came out in about a quarter of an hour or twenty minutes—I secured Franklin—he resisted and began to kick at me—I sent him to the station, went to sergeant Whall, and we went to the first-floor back room of the house, where Walker lived—I found him standing near the fire-place—there was a fire burning, and two wooden rollers, with the marked ends, in the fire burning—they were such rollers as drapers roll their goods on—I took them out and placed them on a chair—there were marks visible on one of them—the mark on the other was totally destroyed—Walker attempted to take one of the rollers up, but was prevented—I was in private clothes—I told him we were officers, and that he was in custody—he said it was a bad job, and sat down—Whall said, "Where is the cloth?"—Walker pointed to a little room adjoining, and said, "There it is," we went in and found a quantity of silk, serge, satin, and woollen cloth, lying unrolled on a heap on the floor—these are the rollers—one is too much burnt to distinguish any mark—here is some satin—Walker said the goods had been left there that morning—he was taken into custody—I went to the station where Franklin and Williamson were—they were searched—I found off Franklin this latch-key—he said, "Gray, you have not nailed me to rights yet; you thought to spring the plant in the last concern; you are artful, but not artful enough for that," springing the plant means finding stolen property in a person's possession—I was present when Williamson was searched, and a bag and life-preserver found on him, and a yard of the same kind of satin as the rest was found in a hat which he owned.
Cross-examined by Mr. O'BRIEN. Q. Where did you find the property? A. On the first-floor—three females live in the house—I believe a tailor lived in the front room—I took Franklin about fifty yards from the house—I took a waterman from the stand at the Surrey Theatre, to examine the prisoners—they were shown to him to see if they were either of the men who conveyed the property away—he is not here.
Cross-examined by MR. PAYNE. Q. Was not the fire out which the rollers were in? A. No, there was about as much fire as I could hold in my hands—it was nearly out, but there was sufficient to burn the rollers as they are now.
Q. When Whall asked where the cloth was, did not Walker point to the small room and say, "There are some things there, which were left this morning?" A. Those were the precise words—he made a snatch at the roller on the chair—I prevented his taking it up.
JOHN WHALL . I was a police-sergeant at this time—I was fetched to Little Chapel-street, and saw Walker go into No. 3—after Williamson and Franklin were taken into custody, I went there with Sergeant Gray, into the back room, first-floor—they were Walker's rooms—there were two rollers in the fire—I saw Gray take them out and put them on a chair—I said to Walker, "You know me very well"—he said, "Yes"—I said, "You must consider yourself in custody"—he sat down, and said it was a bad job—I
asked him where the cloth was—he pointed to a door and said, "There, are some things there, which were left this morning"—I went into the room and found the goods on the floor—on looking them over, I found two little tickets in the middle of the goods, on the floor.
JANE CONGERTON . I am a dress-maker, and live in the street opposite Walker—I have known him living there eight or nine months—I know Williamson and Franklin by seeing them going there several times, and I have seen all three together at the street-door.
THOMAS GORDON . I am in partnership with James Walker—we are linen-drapers, in the Blackfriars-road—our premises consist of two shops, one a wholesale, and the other a retail department. On the 7th of Sept, in. the morning, I was in the counting-house, at the end of the retail department, and could not see the door of the wholesale department—on the 11th of Sept. the goods produced were shown to me—up to that time I was not aware we had lost any property—I swear to this satin roller, by my mark on it, and to these two tickets—one is my writing and one my partner's—some doe-skin was produced to me—we had such in our stock.
COURT. Q. Had you satin of that description on a roller of that sort? A. Yes, but there is no mark on the satin—I should have had a little more, satin in my stock than is on this piece—here should be fourteen yards and one-eighth on this piece, but it is eight yards and half, worth 11s. a yard, 4l. 14s. 6d.—we never sell the rollers with the goods—this ticket belongs to this piece of doe-skin, ten yards and a half—we had a good many pieces of the same sort—the number of yards on the ticket is thirty-nine—I found ten yards and a half, worth 1l. 18s. 6d.—it cost 3s. 8d. a yard—we should not tell this ticket with the cloth—the other ticket belongs to a piece of black kerseymere which is here—there are two pieces—the piece the ticket refers to is twenty-four yards—the quantity on the ticket is fifty-four yards—I cannot ascertain bow much we had sold—on examining the stock, I find we have lost black kerseymere, but cannot tell how much—I lost a considerable quantity—I had seen it the Thursday week before I received information—it. was taken on the Monday—I looked the Thursday before that, and there was a good deal of this kerseymere there—I had notice given me on the Friday—I had examined my stock the Thursday week before—the kerseymere was on the board the Thursday before—I had seen the roll of kerseymere which is here, on that day—I missed it directly I received information, and when this was produced it was of the same description, and the ticket produced should have been on it—I missed some silk serge—here are one hundred and four yards of silk serge, worth 2s. 4d. a yard, 12l.—I cannot identify it, her cause the roller is burnt—it was on a roller of this sort—I had sold seven yards and one-eighth, and missed the rest from a hundred and ten yards—I have the pattern of it in my pocket—this piece of satin is of the same kind as was on the roller—I have compared it—silk serge varies a good deal—the pattern tallies with it.
Cross-examined by MR. O'BKIEN. Q. Except from the mark on the roller and two tickets you cannot identify any part of the property? A. I have not the least doubt of it—I should not like to swear positively apart from the tickets and the mark on the roller, but to the best of my belief they are mine—I think the satin was on the roller when I saw it—the selvage of black satin goes a good way to identify it—on the Thursday before I had seen about the same quantity of satin, cloth, serge, and kerseymere, and had cut some of the serge—I did not see the doe-skin that I recollect—I have eight, or nine men in my establishment—none of them made any communication to me—I was in the shop on Monday, Wednesday, and Friday all day—I did
not observe any difference in my stock—the kerseymere was in the ware-house—the door of the warehouse was locked on Monday morning, and the key in the door—all my men were out but one that morning—they went out a little before nine—we generally close on Saturday night about eight—I was at home that evening.
Cross-examined by MR. MELLOR. Q. You say the piece of satin was the same as that on the roll? A. I have not the least doubt of it—the selvages are the same and the quality—I have no more of the same sort—the selvages agree—I have no doubt of it being the same.
THOMAS JOHNSTON . I am in the employ of the prosecutor—it is my belief this piece of doeskin formed part of the stock—I noticed it in the stock on Thursday evening, the 3rd of Sept.—there is no account of its having been sold—this satin I believe to be hours—I know the mark on the roller—I saw the satin-roller safe on Saturday evening, the 5th of Sept.—I saw the serge the same evening—I had them both in my hand—I believe it to be the same—on Monday morning, the 7th of Sept., I went out a few minutes before nine—just as I got outside the door I met the prisoner Franklin—I noticed him particularly—he was within a few doors of the house—I went on my way, and he went into our shop door—I had come out of the warehouse door, and locked it myself, and left the key in the lock—there are two outside doors; we only use one—he had gone in at the outer door Which we use—when you proceed a little more than a breadth and a half of the outer door there is a break in the partition, you turn to the right and there is the warehouse door, which is an internal door—I had left the key in that door—I had only got a few yards when I saw him—I do not know how I came to notice him—I turned round and saw him go in, and saw him come out again in about a minute, bringing nothing with him—he went in the direction of the London-read, passing me again—there are plenty of public-houses there—I turned up the Borough-road—he was in long enough to have gone to the warehouse door and seen the key in it—both the partners live in the house, which is in the parish of St. George's, Southwark.
Cross-examined by MR. O'BRIEN. Q. If you went in at the outer door and looked in, would not you see the key? A. No—you must turn to the right a little more than the breadth of the outer door—a person in the retail shop cannot see the warehouse door, unless he is exactly opposite the door—I returned about half-past five in the evening—I then went into the warehouse, and missed nothing then—I was there on Tuesday, and missed nothing—we have nine young men—we had only one piece of that kind of doeskin, or of the satin, on the Thursday—we had a good deal of black cloth—when Franklin passed me the second time I was a very few yards further—he passed and repassed me.
JURY. Q. How many pieces of goods have you, as you did not miss these? A. We have generally a good many pieces and half pieces of all sorts in the stock—we might have forty or fifty pieces and half piece—that was the only piece of serge in the warehouse, except a small remnant.
Cross-examined by MR. MELLOR. Q. What time is the warehouse locked up in the evening? A. When the shop is shut up, sometimes eight, some-times half-past eight or nine, we have not persons employed to walk up and down—we have nine men—they go backwards and forwards between the shop and the warehouse—the door is not open except some one is inside.
MR. CLARK. Q. Was anybody in the warehouse when you locked the door? A. No—we shut up about nine o'clock at night—the goods were safe within five minutes of that time.
Treasury—I produce a certificate of the conviction of Franklin from Mr. Clark's office—(read—Convicted 18th of Aug. 1845, confined three months.)
FRANKLIN— GUILTY . Aged 25.
WILLIAMSON— GUILTY . Aged 26.
Transported for Seven Years.
WALKER— GUILTY . Aged 40.— Transported for Fourteen Years.
(There were other charges against the prisoners.)
MARGARET SCULLEY . I live with my father, in Little Guildford-street, Southwark. On the 16th of Oct., about tea o'clock in the morning, in con-sequence of information about my sister I went to No. 6, Butler's-buildings, which I understood was a bad house—I understood my sister was there—I saw the prisoner there—it was his house—I asked him if my sister lived there?—he said, "No"—I said she did live there—I came away, and heard at the top of the court that she did live there—I went home and returned there again between three and four o'clock in the afternoon—I knocked at the door—the prisoner called me to the window—I went to the window—he lifted it up and said there was no Irish wh—e lived there—I said she was there—he said she was not, she lived at the Irish wh—'s next door—I made no answer to that, but was returning from the window—he lifted it up again, and said, "Here, I want you"—I returned, and he cut me with the poker over the back of my head—I staggered from one side of the court to the other—I did not fall till I got to the next door, and then fell in the passage—I remained there till the policeman and doctor came up, quite insensible—I have been very ill, and under the doctor's hands ever since—I have not recevered—it is very painful now when I stoop—I had a bonnet on At the time, but it flew back when the blow was given—I gave him no provocation at all.
Prisoner. You came to the house and broke the windows. Witness. I did not; the policeman and doctor broke them afterwards.
CATHERINE ROCKLEY . I live at 5, Butler's-buildings, next door to the prisoner. On the 16th of Oct. Sculley came there—she asked if her sister lived there?—the prisoner said there was no Irish wh—there—Sculley said she was told she did live there-the prisoner opened his parlour-window, rushed right across, and struck her with the poker as heavy as he possibly could, saying he would have her b----y life—he certainly struck with consi-derable violence—I stood on the step of my door—the moment he gave the blow he made his escape over the wall back into the Cornwall-road—Seulley reeled towards my door and fell in the passage—I took her into my parlour, put her on the sofa, and sent for the doctor.
Prisoner. You are as bad as her; you were drinking in a public-house with her, and said you would break my windows; you were in your own house, and her sister lodges there; four or five dressed girls are kept there. Witness. Her sister does not live in my house—I never saw Sculley there before—I had nothing to do with breaking the windows—I had not put a step outside the door—there was a person lodged in my house a fortnight before—I cannot say whether it was her sister—I have shown her to Seulley, and they seem to know each other.
neighbourhood—I always kept a respectable house, and do not intend to stop here—I have one lodger—what she does out of doors I do not know.
ROBERT BROOKS I am a surgeon. On the 16th of Oct., I was called to No. 5, Butler's-buildings, and found Sculley perfectly sensible then, but she became insensible while I was there, and went into two or three fits—there was a wound on the top of her head, about two inches long, not very deep—it did not go to the bone—it broke the skin—the edge of a poker would do it—she is getting very much better, and is nearly out of danger—the blow was likely to produce considerable derangement, unless she took great care of herself, and avoided all stimulants—it required great caution on her part—it was a blow struck with considerable violence.
Prisoner. It was not done for the purpose.
GUILTY of an Assault. Aged 46.— Confined Twelve Months.
2166. CHARLES FLETCHER and FREDERICK MADDOX were indicted for breaking and entering the dwelling-house of Samuel Ballard, at St. Mary Newington, and stealing 2 bags, value 4d.; 1 watch, 3l.; 1 guardchain, 1l.; 1 ring, 10s.; 1 seal, 30s.; I tooth-pick, 1s.; and 59 sovereigns; the property of Samuel Ballard; and that Maddox had been previously convicted of felony.
MR. CAARTEEN conducted the Prosecution.
SAMUEL BALLARD . I am a greengrocer, and live in Weymouth-street, New Kent-road. On the 1st of Oct., at half-past six o'clock, I and my wife left the house—I fastened all the doors myself, and double locked the front door, leaving nobody in the house—I returned a minute or two before eight o'clock, and found the front door open—I went in—the other door, and the kitchen and stable door were open—I went up stairs—two bed-room doors, and all the table drawers in the other rooms were open—everything in the house was ransacked, even the bed was taken off the bedstead—I misted fifty-six sovereigns from one bag, and three sovereigns in another bag, a silver watch, guard, and gold seal from the bed-room—they were also in a bag—I found my dog stupified—he has remained so ever since—my house is at the corner of Weymouth-court, which runs from Weymouth-street into Lion-street—it is my dwelling-house, and is in the parish of St. Mary, Newington.
CHARLES PEMBERTON . I am a painter, and live in Adam-street, New Kent-road. On the 1st of Oct., about half-past seven o'clock in the morning, I was passing Mr. Ballard's house and saw the two prisoners and another one, not in custody, near Mr. Ballard's stable-door, which is in the court or passage—the stable door was open—I returned in about ten minutes—the court was clear, but the stable was open—I can swear they are the men.
Cross-examined by MR. BALLANTINE. Q. Did you know them before? A. Yes—that made me notice them—a person, not in custody, walked into the road, and looked if any one was coming—I was coming down the court from Smith-street to Lion-street—they stood five or six yards from the stable-door, as if talking to one another.
MARY ANN PITT . I am between thirteen and fourteen years old, and am servant at No. 35, Smith-street, next door to Mr. Ballard—I sleep at home with my parents. On the 1st of Oct., about a quarter to eight o'clock in the morning, I was going to my master's—I know that was the time, for mistress scolded me for being so late—I saw three men standing by Mr. Ballard's front door—I knew Fletcher before, by seeing him in the neigbbourhood—I do not positively swear he went in, but he was one of the men I had been about the neighbourhood—they all walked in, and bolted the door after them—I heard the bolt slide—I only noticed the one not in custody—I did not see Fletcher there that morning.
CLARA FRENCH . I am fourteen years old, and am servant to Mr. Thompson, of No. 5, Lion-street—I sleep at home. On the 1st of Oct., about twenty minutes to eight o'clock in the morning, I was passing Mr. Ballard's house, and saw five men standing by his front door—Fletcher was one of them—I had seen him before—he went down a little court by the side of the house as far as Mr. Ballard's back gate—the others called him back—he went back and I saw no more of them.
MARY ANN APPLETON . I live at No. 29, Smith-street, New Kent-road. On the 1st of Oct., about twenty minutes or a quarter to eight in the morning, I was passing Mr. Ballard's house, and saw three men standing as close as they could to Mr. Ballard's door—Fletcher was one—they saw me, and one of them pulled Fletcher back, and then began talking about a fight.
AUSTRIAN JOSEPH BENJAMIN WEBB . I am a brush-maker, and live in Little Lant-street, Borough. Four weeks ago last Thursday morning, from ten to twenty minutes to eight o'clock, as near as I can judge, I was coming down Weymouth-court, and saw Fletcher in the court, towards Mr. Ballard's door, beyond the stable door—I had to pass it to reach him—I knew him. before—I directly afterwards saw another person come out of the stable door, put his left hand behind him, pull the stable door to, and go up the court, towards Smith-street, to the prisoners and another—they all four went away together, Fletcher first, and the others after him; and when I got to the top of the court I saw the prisoners, and the one who came oat of the stable and ano-ther, go up Baker-street, leadingt to the Walworth-road—they were is com-pany—I did not see them speaking together.
Cross-examined by MR. BALLANTINE. Q. How have you gained your livelihood since Oct.? A. Partly by making brushes—when I have had no work I have pawned my goods—I have made three dozen and five brushes since the 1st of Oct.—I once took a coat, and had a month at the Surrey Sessions for it—there was not a watch in the coat pocket—that was another affair, upwards of six years ago—I got six months for that—I have had three months since that on suspicion of stealing a walking-stick at Mr. Meredith's show, at Croydon fair—it is five years ago—I do not know whether I have been a witness here fifty times—I have been several times—on the morning of the 1st of Oct I was at the Green Man-gate, Old Kent-road—I got there a few minutes after seven—I did not take particular notice of the time—I had occasion to be with William Bailey, who owed me some money, which makes me remember it—I have always to be there about seven o'clock every Thursday morning.
MR. CAARTEEN. Q. What did you go there for? A. To receive some money which a young man from Gravesend owed me—I stopped there about ten minutes—we generally go into the Green Man and have a drop of something, and he pays me part of it—he owed me 1l. 12s.—he sometimes pays me 1s. a week, sometimes 2s.—he began to pay me fifteen weeks back—I met him on the 20th of May, and he agreed to pay me—I have received 4s.—last Wednesday three weeks I called at the Rockingham Arms, heard people talking of Ballard's robbery—it struck me directly whether it was the parties I had seen—I went and told Ballard—they were in custody then, but I did not know it—I did not hear them say anybody was taken up—I did not know Fletcher's name—I described them to Mr. Ballard—I saw the prisoners a week after at the police-court—I was called on by the Magistrate to state what I knew, and identified Fletcher—he had not the same coat on then—I knew him well—I have seen both prisoners many times before.
Kent-road—he was dressing in the front parlour—I knew him before, and saod, "Charles, I want you"—he said, "Do you? what is up now?—Pemberton came up and identified him—I told him he must go with me—he said, "What for?"—I said, "Concerning a robbery in Smith-street"—he said, "So help me Christ, I hare not done anything for the last seven weeks"—I searched his room—he made several efforts to pull open a drawer, where there was a knife—he said, "If you touch anything here I shall cot you."
Cross-examined. Q. Were the premises searched? A. Yes, about an hour after I had left them—T had two constables with me—I had to call them to my assistance when he endeavoured to get the knife—they dragged him out of the house, and some distance up the street—I sent a constable back to remain in the house until it was searched—he is not here.
MR. CAARTEEN. Q. Who did you leave in the house? A. The landlady, and several other people, and the woman the prisoner lived with.
NOT GUILTY .
MR. CAARTBEN conducted the Prosecution.
JAMES FORTIE . I live at Canterbury-street, York-road, Lambeth. On the 8th of Oct., about half-past ten o'clock at night, I was in Collingwood-row, Black friars-road, and saw two men and a woman going on before me, all abreast, close together—I do not know whether they were arm-in-arm, but they were talking together—the prisoner was one of them—I overtook them, and, after I had passed three or four yards, the female came to my left side, and said, Where are you going, my dear?" or words to that effect—I said I was going home as fast as I could, and did not wish to speak to her—the prisoner was a few yards behind, with the other man—the woman left roe—I thought I felt something at my breast pocket, put my hand down, and found my watch was gone—I had seen it there at half-past nine o'clock—it must hate been in my possession at ten minutes to ten—I did not see her hand there, only felt it—she put her hands on me—she came alongside me, and touched me—I did not feel her directly put her hand into my pocket—I felt her hand touch me just about the breast, in such a way that she could take my watch—she left me suddenly, and was about two yards from me, when looked down, and made a grasp at her to catch her, and instantly received violent blow on my mouth from the prisoner, which stunned me—I laid hold of him, and called out, "Police, run after the girl, she has got my watch"—the prisoner struggled with me, and was just getting from my grasp, when Davis secured him—the woman ran off as hard as she could—I could not see the other man afterwards.
Cross-examined by MR. BALLANTINE. Q. What fixes the time at which you had your watch? A. It was the time I left the person I was in company with at our office—he asked me the time at half-past nine—I did not look at the watch after that—it was a small Geneva watch—it was quite loose in my waistcoat-pocket—there was no sign for her to see that I had a watch when I took it out I was in the machine-room, where I work as a printer—I was not tipsy—I had been drinking, but was quite capable of taking care of myself—I had not taken too much, and did not consider myself intoxicated.
COURT. Q. How long had you had the watch? A. About a fortnight, and was in the habit of carrying it in my waistcoat-pocket—I had a small watchmaker's ease in the same pocket—that was not taken—I had nothing
else in the pocket—I had not been in company with any one after leaving the office, which is in the Old Bailey—no one bad spoken to me—the woman was not a quarter of a minute in my company—I had the same waistcoat on that I have now—her hand came just outside the pocket the watcb was in—she could easily put her hand into my pocket, but I did not feel it in it I had not worn it in the case for the last few days.
DAVID DAVIS . I live in Collingwood-street, Blaokfiriars. On the 8th of Oct., between half-past ten and eleven o'clock at night, I heard a cry of "Police!" ran into the street, and saw the prisoner and Fortie struggling—I thought they were fighting—I went towards them—the prisoner bad then got from Fortie, who sung out, "I have lost my watch"—I immediately ran after the prisoner—he turned the corner of the street, and finding me close at his heels fell back against the wall and said, "I have done nothing; what have I done?"—I held him till the policeman came up—he bad got the length of six small houses from where the struggle was—he was never out of my sight.
GUILTY . Aged 22.— Transported for Fifteen Years.
2168. RICHARD MILLER was indicted for feloniously assaulting John Morgan, putting him in fear, and taking from his person, and against his will, 1 watch, value 3l: and beating, striking, and using other personal violence to him.
MR. ROBINSON conducted the Prosecution.
JOHN MORGAN . I am a cow-keeper, and live in Lovegrove-stree Kenttoad. On the evening of the last night of Peckham fair, the 23rd of Sept, about nine o'clock, I was at the Eel-pie-house—I went in the dancing-room and came out a little after ten o'clock—I then went before the bar, and had something to drink—I recollect having my watch then, because I had looked to see the time a minute before I went to the bar—I had known the prisoner perfectly well for four years—he was standing before the bar with some others—I do not know what he was about—I knew bkn and his family—"he lives in the neighbourhood—he wat there at the time 1 came up to the bar, and looked at my watcb—he spoke to me—I do not know whether he saw me pull it out—he was standing behind me—I remained at the bar till he and another person, not in custody, took hold of my arms—three or four others came behind me and shoved me against the tap-room door, and carried me off my legs—I fell dowu, they all fell on me—I should say there were five of them altogether—they were all on top of me—the prisoner was one who shoved me into the tap-room—I cannot tell whether he was on me—I felt a tug at my pocket while I was on ihe ground—somebody pulled the men off me—I got up, went to the front of the door, and missed my watch from my waistcoat pocket—I had a gold guard round my neck-I found the gold chain hanging down, and the ring of it gone except a small part of it which was broken—I told the landlord the watcb was gone—he said be knew nothing of it—I saw no more of the prisoner till he was in custody—I did net see him when I got off the floor—I do not know whether he was in the room then or not.
Cross-examined by MR. PARRY. Q. I believe you are a nulkman? A. Yes—this happened at Peckham—the Eel-pie-house is at the edge of the fair I had been at my business during the day—I went to the fair about eight o'clock—I might be dancing about two hours—I had been drinking a little,
but knew what I was doing—I had gin and half-and-half—I had no brandy or rum—I smoked a cigar there, and had a pipe while I was dancing—I left the booth about twenty-five minutes after ten o'clock—there were a great many people there—I do not think I danced with any ladies—I danced with a young man, a friend of mine—I might have danced with two persons—it was a silver watch with a gold chain—the chain went round my neck and through my button-hole—my waistcoat was open, and the chain visible—I was not in the Eel-pie-house half an hour nor above five minutes—I believe I had a glass of gin at the bar and a pint of half-and-half with a friend—that was all I had there—I had had some inside the booth.
COURT. Q. You say you were only five minutes in front of the bar; did not the prisoner go away for a quarter of an hoar, and then come back? A. Yes, but I had been at the bar twice during the evening, and went away for a quarter of an hour—I was dancing at the booth, and then cave to the bar.
MR. PARRY. Q. When was the first time you went to the bar? A. About ten o'clock—I then had a pint of half-and-half with a friend—the prisoner went away while we were there the first time—we then went into the booth for half an hour, and saw the prisoner there—my habits are not very intemperate—I was not drunk that night—I have been taken up during this session for striking the landlord of a house in this neighbourhood—he struck me first—I had been drinking, but was not drunk—he was not going" to turn me out for drunkenness, but for smoking a pipe—I have never been charged with drunkenness—I was never locked up for it—when I went to the Eel-pie-house I got in at the window, as the house was fastened up—I fell down in, getting in.
COURT. Q. Did you look at your watch after you got there? A. Yes—it was safe when I got to the bar—it did not signify to me what the time was, but 1 pulled it out to see the time—when I first saw the prisoner, he' and another not in custody came out of the tap-room, laid hold of my arm, and said, "Old chap, how are you?" and turned me round, and some people cam? and pushed me through the tap-room door into the tap-room, and downed me; they all got on top of me—I was not down above a minute—the men were not friends of mine—I only knew the prisoner—I have drunk with him often—when I met him I saluted him as an old friend—I had got on to the stones outside the door, and had not been out above three minutes when I missed' my watch—there were people outside, but not near me—the door was open when 1 went out—it was about half-past ten o'clock—it was the back door which was shut when I got through the window from the dancing-booth.
MR. PARRY. Q. Did not you charge Candling with stealing your watch f A. I charged him as one of the party—he was locked up, and discharged by the Magistrate—he was standing by me at the time I lost it—I had not said, "I do not know how I lost my watch"—I said I did not know who took it.
MR. ROBINSON Q. Was he one of the persons who pushed you into the tap-room? A. I cannot say—I charged him because he was standing with them—I thought he was of the party—I cannot tell whether he touched me or not—I believe he is a respectable man—I did not know him at the time—I charged him because he was standing there when they were all shoving me—they were all together—I charged him the same night.
WILLIAM JOYCE . I am Mr. Morgan's servant. I live in Lovegrove-street—was at the Eel-pie-house on the 23rd of Sept., when my master was there—was in the gardeus with him about ten o'clock—I stopped in the dancingbooth some time, and then came away with my master—we were coming out,
I went in front of the bar to have something to drink—master gave me a ticket to go into the gardens, and I left him in front of the bar—I returned to the bar in about an hour and a half, and saw him there again—the prisoner and several others stood at the bar—three or four of them took hold of master's arm, and said, "Well, Morgan, how are you?"—they all said so—they asked him whether he was going to stand something to drink—he said, "No, go along with you," and shoved them on one side—the prisoner and another one gave him a shove against the tap-room door—the door went open, and he went into the tap-room—the prisoner pushed him and took hold of him—I do not know that the prisoner laid his hands on him when they asked him how he was—my master was down in the tap-room—there were three of them kneeling on him, the prisoner was upon him—I should know the others if I were to see them—they were strangers to me—there were four on him with the prisoner—I have no doubt that he was kneeling on him, but do not know how he came to kneel on him—they were hardly on him two minutes—I pulled three of them off, the prisoner and two others, as they were kneeling on him—the prisoner went away, I took my master up, and a few minutes afterwards, coming outside the door, he said he had lost his watch, and came back to the door—just before twelve 'clock the same night the prisoner was taken at the Lord Nelson, at the end of Peckham foot-path, not a quarter of a mile from the Eel-pie-house—I had not known him before—I thought I had seen him before—I did not recognise him that night as having seen him before—I went to the Lord Nelson three times to look after him, and the fourth time I saw him, and gave him in charge.
Cross-examined. Q. In what state was your master? A. He had been drinking—after he got up I got him out as far as the door—he was not able to get up without my help—he went out of the door without my help, and I did not see him again till he came in and gave Camlin in charge—I had part of one pot with my master that night—I did not have any gin or rum—I was not intoxicated—I was not his partner in the dance in the fair—I did not dance at all—when I came into the public-house I saw my master get in at the window, and fall down in doing it—I lifted him up, and when the prisoner came he said, "How are you, Jack Morgan; will you stand something to drink?"—my master said, "Get along," and gave one of them a shove, which was returned—it was not a very heavy shove—he would not have fallen down if the tap-room door had not flown open suddenly—there were four persons round him in front of the bar—the prisoner was shoved against the tap-room door as well as my master—I am certain the prisoner knelt upon him—another one laid right on him—he was on his back—one of the mean laid flat on him—that man got up and went out of the bar with another man immediately after I pulled them up—the prisoner stayed behind—my master was very drunk.
MR. ROBINSON. Q. How long did your master stay after the prisoner went away? A. He was going outside the door when my master went away—when my master cam back and said he had lost his watch the prisoner has gone—I pulled the men off my master because I thought it was all a lark—I did not see them pitch on him to do him an injury—I went to pull them off directly they laid on him—I did not see them do anything—they made no attempt to get up—I pulled them off as soon as they fell down.
NOT GUILTY .
Before Mr. Common Sergeant.
GUILTY . Aged 26.— Transported for Seven Years.
SARAH FARRAR . I know the prisoner—I was present at his marriage to my sister, Ann Thomas, at Halifax, on the 27th of June, 1837—I saw my sister alive this morning—they lived together till about two years and nine months ago, at Halifax, when he left her.
Cross-examined by Mr. WILD. Q. They lived apart latterly? A. Not till then.
JOHN WRIGHT . I apprehended the prisoner at 112, Bermondsey-street—I produce the certificate of marriage, which I have examined at the parish church, at Halifax—it is correct—I have another certificate from St. Mary's, Southwark—they are true copies—(read.)
Cross-examined. Q. When did you get this certificate from Halifax? A. Mrs. Clegg, the first wife, gave it to me—I have compared it with the book at the church—I saw the clerk—he read the book first, and I held the certificate—then he read the certificate, and I the book.
GUILTY .— Confined One Year.
2171. JANE DAVIDSON was indicted for stealing 1 gown, value 6l. 105.; 1 bonnet, 1l. 8s.; 1 boa, 3l. 10s.; 1 brooch, 1l.; 2 collars, 1l.; 1 pair of shoes, 6s. 6d.; the goods of John Pickton, her master.
MARY ANN PICKTON . I am the wife of John Pickton—we live in West-square, Kennington—the prisoner was in our service—on Saturday night, the 17th of Oct., I rung the bell for her, and found she was gone, which induced me to look about—I found all these articles gone from my drawers—the articles produced are all mine—I had seen them safe the day before—there was no one in the house who could have taken them but her.
JOLEPH SHIPMAN . On Saturday, the 17th of Oct., at a little after six o'clock, I saw the prisoner with a bundle at the bottom of our garden, trying to escape—she got over Mrs. Pickton's wall, and found no way to get out except over a railing—I would not let her get over it—my son got a policeman.
GEORGE SHIPMAN . In consequence of information I went after the prisoner, and found her in a shed, and a bundle with her—I let her go—I did not open the bundle—on the Monday morning I found the bundle against where she had been sitting—it contained a gown, bonnet, boa, and cloak—she was apprehended on Monday morning.
Prisoner's Defence. On Saturday morning, about half-past nine o'clock, my mistress called me up to make her bed; she remained in the room while I dusted it; I never went into the room afterwards; this is all spite against me for leaving her service; she has got these thingsput there.
GUILTY . Aged 21.— Confined One Year.
(There was another indictment against the prisoner.)
Before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
ROBERT CALTON . I live at No. 14, Kennington-green, and am a toymaker. On the 1st of Oct., just after twelve o'clock at night, I met the prisoner at the King's Arms, in Kennington-lane—I had been drinking, but was not much the worse for it—he said he knew me when I lived in the, Blackfriars-road—I had lived near there—I did not recognise him—we left
the house together—he said he was going my way, and followed me out—when I had got near my house he said he was a bricklayer and plasterer—when I got quite home he said, "I want you to go part of the way back with me," or something of the sort—I refused, and said I was going in-doors—immediately the words were out of my mouth he struck me right and left in the eyes, so that I could not see to protect myself—I was knocked down by him—he attempted with violence to open my coat, to get ray watch—he placed himself on the top of me, kneeling on me, and while I was down he struck me—he tried all he could to pull my coat open, to get my watch—I had my watch in my waistcoat pocket—I had not had it out while he was with me, but the guard was across my waistcoat, so that it could be seen—I called "Murder!"—the policeman came up immediately—when I got up I found my watch guard-chain broken, but whether it was done by him or myself I do not know—it had been broken and mended before—I have seen my watch-key produced by the police—I kept my key inside my pocket along with the watch, attached to the chain, but if the chain broke it would drop off—I had two black eyes, and my face was a good deal cut about.
Cross-examined by MR. DOANE. Q. Were you not drunk before you met the prisoner? A. A little—I went with him to the Black Prince public-house at the corner of Cheshire-street—we had a little drink there—I could not be much more drunk than before, as we had very little to drink altogether—I did not go to any other house with him—I had had a drop—I was not drunk—there was another man with us—he was there only a very short time—we all three went out—he had some conversation with the prisoner—we were good friends at the public-house—I live about 200 or 300 yards from the Black Prince—he walked with me from there to my door—there was not a word of quarrelling; the greatest of kindness—when I refused to go back he gave me four or five blows—I did not give him one blow; I was not able—he tried to open my coat both before and after I was down.
THOMAS HENRY EVANS . I keep the Black Prince public-house, Prince's-road, Lambeth. I saw the prosecutor and prisoner in my house a little after twelve o'clock—they appeared quite friends, and left together—while they were there I saw the prisoner showing a watch—he told Calton he would lend it to him, and requested him to take it several times, telling him he had often pledged it for a month's work when short of money—he took it from outside his coat pocket, and, partly concealing it with his hand, persuading him to take it—Calton was a little the worse for liquor, but knew perfectly well what he was about—the prisoner had been drinking a little, but I consider he assumed a good deal more than was the case, because at times he forgot himself, and spoke as well as I did, but at other times he was shamming drunkenness.
SAMUEL CHART (police-constable L 14.) On the morning of the 2nd of Oct. 1 heard a cry of "Murder!"—I ran towards Kennington-green, and when I got there I saw the prisoner rising up off the prosecutor—the prosecutor afterwards got up, and gave the prisoner in charge for knocking him down and trying to rob him of his watch—the prisoner said, "Me! I came to see you home"—the prosecutor said, "Yes, you villain," or "vagabond, and to rob me"—I did not notice that the prisoner had been drinking—the prosecutor appeared to have been—I picked up a watch-key at the station—the prisoner was at the station—it might have dropped from either him or the prosecutor—the prosecutor's face was covered with blood, and he had a cut under each eye—I went for a surgeon after he got home.
Cross-examined. Q. Did not the prisoner appear to have been drinking? A. Yes, I noticed it afterwards.
CHARLES BURGESS GOFF (policeman.) I produce a certificate of the prisoner's former conviction, which 1 got from the office of the Clerk of Assize for the county of Surrey—(read-Convicted 24th March, 1845, and confined one year)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 28.— Transported for Ten Years.
Before Mr. Common Sergeant.
WILLIAM PADGETT . I live at Barnes, in Surrey, and am a plumber. I employed the prisoner to work for me at Putney, as a bricklayer, to make good the tiling of a building there—I missed some lead from there—I have compared the lead produced with that on the house there—I find it corresponds exactly with my lead, and with the measure—I will swear this is part of the lead that came from that house.
Prisoner. That lead never was yours; I purchased it of a man when I was going home from work; I went up to the top of the town to the Post-office, and there I got employment; I found Thomas Paling was coming to do your work, and I left it; I bought it the week after I left your premises.
Witness. It was part of my lead and part of the lead that is down in this book.
THOMAS DALY (police-constable V 33.) I went to the prisoner's house—I found this piece of lead on the wash-house shelf, occupied by the prisoner, and by no other person—I was not searching for any charge against him—his son lived in the same house with him—the prisoner was not at home when I went—the son was, and he said he worked for a plumber, who allowed him to take the chips, and this was part of it—the prisoner came home while I was there, and said he had purchased it six weeks before, at Hammersmith.
Prisoner's Defence. I purchased it, and gate half-a-crown for it.
GUILTY .** Aged 56.— Transported for Seven Years.—(See the next case.)
2174. ISAAC HOARE was indicted for stealing 1 iron chain, value 8s.; 1 iron angle plate, 1s.; 1 iron spanner, 1s.; and 53 iron wedges, 3s. 6d.; the goods of Henry Knill; and that he had been before convicted of felony.
RICHARD CRUTCHFORD . I am a blacksmith, in the employ of Henry Knill, at the Richmond Railway—I missed an iron chain, an angle-plate, and a pair of spanners—these are the articles—they are my master's—we have missed a great deal of property—I know these articles by the marks on them—here are fifty-two wedges which are not marked—I cannot swear to them, but I have no doubt they are ours—here are some things I will swear to—this spanner is mine.
Prisoner. You gave me 2d., and was going to give me another halfpenny, and you never gave it me; I told you 1 picked it up. Witness. So you did; he called me at the front door, and told me he picked it up on the shore, and that he had got about a dozen black bones, which made me think he had been on the shore.
CHARLES BARNARD . I bought the iron of Tunnell—here is one quarter of a hundred weight and nine pounds—it was sold to me for 1s. as old iron—we sell it from 2l. 15s. to 2l. 18s. per ton—I have known Tunnell many years as coming to my shop, and have always taken him to be an honest man—he
is well known—I never knew anything against him—he told me he bought them and paid for them.
Prisoner's Defence. I was coming with my father's breakfast and picked it up; I expected it came from a barge; I brought it and threw it down outside the door; 1 told Tunnell I picked it up along the shore; he said, "I will buy it, if you got it there;" I said, "Yes, I did;" I know nothing about these wedges; the iron is thrown about anywhere.
JOHN POTTER (police-constable V 118.) I produce a certificate of the prisoner's former conviction—(read—Convicted 5th of Jan., 1848, having been before convicted—confined six months, and once whipped)—the prisoner is the person.
GUILTY . Aged 17.— Confined One Year.
2175. THOMAS M'DONALD was indicted for stealing 10 yards of printed cotton, value 6s.; 13 yards of calico, 6s.; 2 pair of stockings, 1s. 6d.; 2 petticoats, 5s.; 3 handkerchiefs, 2s.; 1 bag, 1s.; and 1 shift, 2s.; the goods of Elizabeth Rolfe, from her person.
ELIZABETH ROLFE . I am single, and live in Prince's-buildings, York-road, Lambeth. On the night of the 27th of Sept. I was going up some steps from Vine-street to Vine-terrace—I had a bundle containing the articles mentioned in the indictment—the prisoner came and took my bundle from me, and pushed me down—I cried, "Stop, thief!"—he was taken in Stamford-street—I never lost sight of him—I did not see him do anything with the bundle, but I am sure I never lost sight of him—this is my bundle.
Cross-examined by MR. DOANS. Q. Are you quite sure you saw him in Stamford-street when you were going up these steps? A. No—I followed him in the direction he had gone—it was about half-past ten o'clock—I am sure I am not mistaken in him—I do not swear that I was pushed down on purpose—it was rather a dull evening.
THOMAS PENN . I live in Agnes-street, Waterloo-road—on that night I heard a woman screaming in the street—I ran a few yards from the door of my house—I had not gone far when a woman said, "That is the man's hat"—I went and saw this bundle at the corner of the pavement—I took it up, and gave it to the policeman.
JOHN COLLINS (police-constable L 184.) I heard a cry—I ran and met the prisoner running in a direction from Vine-street as fast as he could run—I endeavoured to stop him, but I could not, be passed by me—I know the place where this bundle was found—the prisoner must have passed that place.
JESSE DAY (police-constable L 168.) I saw the prisoner running down Francis-street—I followed and did not loose sight of him till he got to Stamford-street, where he was pushed down by an omnibus-conductor, and I took him—the next morning he said he knew he had committed the crime, and he dare say he should get six months of it, and he hoped it would do him good.
GUILTY. Aged 21.—Recommended to mercy by the Prosecutrix. — Confined Six Months.
GUILTY . Aged 20.— Confined One Year.
RICHARD RHODES . I live in Carlisle-street, Lambeth. On the morning of the 16th of Oct. sixteen pieces of lead were thrown off the roof of my house into the yard—it was my lead, and I saw it as late as two or three o'clock in the yard, and counted it—I missed one roll between six and seven o'clock in the evening—I then went to the station-house—I saw some lead at Mr. Simpson's shop—I say on my oath it was my lead—the prisoner was a tenant of mine—this lead was in the rear of the premises he occupied.
Cross-examined by MR. O'BRIEN. Q. The lead appears to be yours? A. I am confident it was mine—I had folded up some of the pieces myself—a bricklayer folded up the others—I suppose the rolls were all different sizes—they were in a gateway—the gates are generally open till five or six o'clock—there is no mark on the lead only a kind of indentation from its being cut with a knife—when I compared it I could swear to it.
JAMES YOUNG . I am a labourer, and occasionally work for the prisoner. On the night of the 19th of Oct., at half-past six o'clock, I was at the Dover Castle public-house, having a pint of beer—the prisoner came to me and said, " Jem, I have got a job for you"—I said, "When, sir?"—he said, "Now"—I did not know what it was to do till I came to the wicket-gate close against his shop—he there took this piece of lead and put it on my shoulder—he said, "It is all right; take this to Mr. Simpson's"—there was a bag thrown over it—I went, and Mr. Simpson said, "Who does this belong to?"—I said, "To Mr. Pratt," and there I left it.
Cross-examined. Q. Did you ever know the prisoner before? A. I have worked for him—I have earned about 4s. 6d., of him altogether—it was wrapped up in an old bag, and put on my shoulder—it was in the yard by the side of the gateway to his shop—I was waiting outside the wicket-gate—he brought it to me.
HENRY SIMPSON . This lead was brought to me by Young—he told me it was not his property—I afterwards went to the prisoner at the Dover Castle, and asked him if it was his—he said it was—I said, "Come to my place, and I will weigh it"—he went there, and I put the half hundred weight into the scale—he said, "That is near enough for me"—I went up stairs, came down again and said, "I find by the act of Parliament I cannot purchase lead after sun-set; I will let you have half-a-crown on it"—as soon as he was gone I went to the station, and gave the lead up to the sergeant.
GUILTY . Aged 49.— Confined Eighteen Months.
MARGARET CUNNINGHAM . I am an unfortunate woman—I live in St. Saviour's, South wark. About one o'clock in the morning, on the 23rd of Oct., I was standing on the Surrey side of London-bridge—the prisoner came up to me, looked me in the face, and said, "There you are, my dear"—I said, "Yes"—he asked how I was—I said, "Very well"—I asked if he would treat me—he said no—he asked if I would take a walk with him—I said I had no objection—we went down the steps of St. Saviour's church—I stood there, and he wanted to pull me about—I asked what he was going to make
me a present of—it appeared as if he had had a little to drink—he was not tipsy—he said, "I will see what I will make you a present of "putting his hand into his left hand pocket, and in drawing it out again, he turned his back towards me and said, "A present you want?"—I said, "Yes"—I saw a knife in his left hand, by the point—I saw it coming towards me—I stooped, and it cut me on the head—he then struck me with his fist with his right hand—I screamed and fell to the ground—the blood flowed from me—he went up the steps again and I followed him—I saw him on the opposite side of the way at Thomas-street, catching hold of another young woman—I kept him in sight till I found the police-constable, and gave him into custody.
Prisoner. I never saw this woman before; all she has said is false. Wit-ness. I am quite sure he is the person—I was under the lamp with him before we went down the steps—I looked at him carefully at Union-hall—I am quite sure he is the man—he had several spots of black on his face, as if he had been in a tap-room.
MARY ANN THOMPSON . I am unfortunate—I was going home that night, and just as I got to the corner of St. Thomas-street I saw the prisoner running from St. Saviour's church—he held both my hands together and declared he knew me—he would not allow me to pass one side or the other—4 said, "You are mistaken, I never saw you before"—I said, "I wish to go home, and without you allow me to pass I will give you in charge"—he held me, and tore the pins out of my shawl—I saw a policeman coming across, with Margaret Cunningham—the blood was running from her head—she said, "I give this man in charge; that is the man that stabbed me"—the prisoner was pulling me about for three minutes—I am sure he was running from St. Saviour's church.
JAMES FARZNELL . I am dresser at St. Thomas hospital—Margaret Cunningham was brought there about two o'clock that morning—she had a superficial wound over the right eye—it appeared to have been done by a knife or a sharp instrument—I do not think it could have been done by a blow or a fall—if it had the edges of the wound would not have been so clean cut—she had bled, but the blood had dried before she came to me.
Prisoner. The Magistrate thought it was a fall or a blow. Witness. The Magistrate summoned me to the office afterwards, and I went and stated what it was.
Prisoner's Defence. I was coming along the Borough; Thompson accosted me and asked me to go home and treat her with gin: I said I had but a penny or three halfpence; she asked me to give her that; she used a very blackguardly expression; I left her after talking four or five minutes; I walked on and saw Cunningham, who said I had stabbed her; I declare I never saw her till she was with the policeman; she said it was down by the church which leads to the market, and if I had done it I should not have returned to the main road; my trowsers pockets will not hold a knife; they are torn; if I had been guilty I should have gone off and not stood talking with the other woman.
NOT GUILTY .
HENRY WOOLF . I live in London-road, Southwark, and am a dealer in glass. I knew Radcliff, and engaged him as an auctioneer to sell my stock—on the 23rd of Sept. he came to my place to see how the lots were being
placed—I left him and Orridge down stairs with my clerk, while I went up to write a letter—my clerk came up in about ten minutes to me for something—he went down again and Orridge was gone, but Radcliff was still in the shop—I had scolded my clerk for leaving them together—when I came down Radcliff was gone and I missed a pair of decanters—I went to Radcliff's house, and found the decanters wrapped up in a bag, concealed at the top of a cask inside his shop—I took hold of the bag, and said, "What have you here?"—he made no reply—I took the decanters out and gave them to my clerk—I gave both the prisoners in charge as they were both there.
Cross-examined by MR. DOANE. Q. How long have you known Radcliff? A. About eight months—he does not live far from me—he seemed very much agitated when I found the decanters—I was to make the catalogue—he came to my place to see whether I was doing the things right.
SIMMY MEDEX . I am clerk to the prosecutor. I left both the prisoners in my master's shop—I was absent three or four minutes—when I came down Orridge was gone—I thought it looked rather singular—before I went up I had noticed these decanters on the side by the door—when I came down I missed them—I said to Radcliff, "Where is your boy?"—he only said, "I am going"—I said, "You had better stop and see Mr. Woolf"—he said, "Never mind"—he went off—we then went to his house and found the decanters.
Cross-examined. Q. Was not Radcliff engaged with some basins when you came down? A. When he going he said, "I will take those six basins"—I gave him three out of the six—he took them, and said he would settle with Mr. Woolf for them.
WILLIAM ALPHONSO SMITH (police-constable L 24.) I was called to take the prisoners—Radcliff said to Orridge, "Did I not tell you to take the decanters back to Mr. Woolf, and show him in what what way he might be robbed."
Orridge's Defence. I was ordered by my master to go down to Mr. Woolf's; the clerk went up, and my master said, "Take the pair of decanters home to my house;" I said, "I don't like to take them;" he said, "You d—d fool, take them;" I took them, and when he came home he took them out, and said they were good decanters; he told me to light a candle; Mr. Woolf and his man came in.
(Radcliff received a good character.)
RADCLIFF— GUILTY. Aged 29.—Recommended to mercy by the Prosecutor. Confined Four Months.
ORRIDGE— NOT GUILTY .
HENRY HALL . I live in Little Windmill-street, Haymarket; I am a servant out of place. On Saturday, the 19th of Sept., I was walking in Saint George's market, Southwark—I had in my pocket a tobacco-box, containing a 30l. and a 10l. Bank-note—the money had been left me by a master I formerly lived with—I had put it in the Moorfields savings-bank, and had drawn out these notes on the 10th of Sept.—I was going to make use of it, as I had not any money—the prisoner accosted me in St. George's market, and asked me to stand some drink—we had a quartern of gin, and after that we had a pint of porter—I was induced to pull out my tobacco-box in the public-house to see that I had my money safe—the prisoner was there, but I was not aware that she saw it—I returned the tobacco-box to my pocket she asked me to accompany her home, and I went with her to No. 19, Revell's-row—after
some conversation with the woman in the house we went to a room up stairs—I put my coat on the bed-rail—my tobacco-box was safe in my coat-pocket then—the prisoner then came and sat on the side of the bedrail, and soon after she went down, saying she would bring up some gin and water—finding she did not return I put on my coat, and I missed the tobaccobox and the money—the witness Williams came up and said the prisoner was gone, and I had better go—I am sure the prisoner is the woman who was in the room with me—this is my tobacco-box, and this handkerchief is also mine—it is marked—I told the policeman he would find my initials on it, "H.H."
Prisoner. Q. There was another female jn the house; what makes you accuse me, when you had another female taken up and remanded for a week, and you swore she took the money? A. There was no one else in the room—the other female was detained—I did not swear she robbed me.
HANNAH MATILDA WILLIAMS . I keep this house. The prisoner and prosecutor came there—the prisoner came down in two minutes—she told me to go up stairs, and she went out—she did not come back—the prosecutor went to the station, and when he returned he complained of his loss—they took me, because a shirt front was found in the drawer—I went to make the bed, and found it—the prosecutor could not swear to that front—he gave me money for something to drink—I sent another female for it.
Prisoner. Q. Did not I come down and say, "Mrs. Williams, this man has given me 5s. to sleep with him, and I shall not sleep with him for the 5s.;" and did you not say, "If you don't give me something out of the 5s. I shall not let you go," and I gave you 1s. 6d.? A. No.
ELIZA SIDNEY ABBOTT . I live at No. 5, Barr's buildings; On the Wednesday after the 19th of Sept. the prisoner took an unfurnished room of me—she brought a bed, bedstead, tea-trays, and other things, which were all new—the constable came there on the 23rd of Sept—I was present when he found this tobacco-box in her room.
HENRY BARRY (police-constable M 171.) I went to search the room, and found this tobacco-box, and this handkerchief, marked with the prosecutor's initials—I found the things in the room were all new, and I should think worth about 3l.—I traced the 10l. note to Baxter, in Kent-street, but he did not know who he took it of—the prosecutor gave me an account of the notes and the numbers—I traced it by that.
Prisoner's Defence. I saw this man very much in drink; he asked me where I was going; I said home; we had several quarterns to drink; he asked me to go and sleep with him, and I went; I asked what he was going to give me, he said 5s.; he gave me 3s.; I said, "I cannot stop with you unless you give me the other 2s.; he gave it me, and said, "You can do as you like, go or stay;" I left him and the witness in the room.
GUILTY .— Transported for Seven Years.
(The prisoner had been before convicted of robbery.)
CHARLES WELLINGTON BISHOP . I am a merchant's clerk, and live at Bermondsey. On the 13th of Sept. I was walking along Tooley-street—I felt a pull at my coat pocket—I turned, and saw the prisoner close behind me, busily engaged in fastening up his jacket in front—he ran off, down a court—I followed him, and when I got down the constable had him—I found
my handkerchief was gone—I told the constable, and he took my handker-chief from the breast of the prisoner's jacket—this is it.
GUILTY . Aged 19.— Transported for Seven Years.
Before Mr. Recorder.
2182. GEORGE BIGGS was indicted for stealing 1 crib; 1 hearthrug; 5 bedsteads; 1 bed, 5 blankets, 6 sheets, 2 bolsters, 3 pillows, 8 mattresses, 2 quilts, 4 chests of drawers, 3 looking-glasses, 1 couch-squab and bolster, 2 cheffoniers, 1 carpet, 30 yards of carpet, 22 chairs, 3 tables, 9 window-blinds, 8 candlesticks, 3 sets of book-shelves, 2 salt-boxes, 2 washing-tubs, 1 frying-pan, 3 washing-stands, 6 tea-trays, 1 plate-basket, 1 knife-box, 5 yards of oil-cloth, 1 hat-case, 2 bed-winches, 1 chest, 16 pictures and frames, 1 tray-stand, 1 door, 2 scrubbing-brushes, 1 bed-tick, 2 mattresses, 1 pail, 1 pair of bellows, 2 brushes, 2 tea-caddies, 2 clothes-horses, 2 pairs of slippers, 6 curtains, 1 image, 2 stools, 1 candle-box, 1 flour-tub, 1 foot-bath, 2 cullenders, 1 knife-board, 2 hones, 1 rule, 9 basins, 8 dishes, 24 plates, 24 saucers, 33 cups, 22 frocks, 2 pillow-cases, 1 net-frame, 3 towels, 1 mustard-pot, 1 seal, 4 decanters, 2 dram-glasses, 5 napkins, 4 pincushions, 2 salt-cellars, 5 jelly-glasses, I night-shirt, 3 cruets, 4 tumblers, 2 spoons, 1 pair of sugar-tongs, 1 cork-screw, 1 pair of nut-crackers, 1 coat, 4 sets of fire-irons, 40 printed books, 4 table-mats, 30 pieces of brass mounting, 1 fork, 1 cheese-knife, 4 venetian blinds, 1 nigh-gown, 1 packing-case, 3 mats, 2 water-cans, 2 coal-scuttles, 1 kettle, 1 coffee-pot, and 5 saucepans; the goods of Joseph Lynes.
MR. RYLAND conducted the Prosecution.
MARIA LYNES . I am the wife of Joseph Lynes—we now live at No. 3, Little Chapel-street, So ho—my husband is a servant—he has been in place about three weeks or a month—we were living at No. 29, Burton-street, Bur-ton-crescent. At Midsummer last we owed some rent for that house, and we were distrained on for that rent—the prisoner was put into possession—he continued in possession thirteen or fourteen days—I afterwards made an arrange-ment with the landlord, Mr. Croxford, who is agent to Mr. Put tock, and the distress was taken out I think about the beginning of July—I afterwards saw the prisoner—he called once in a friendly way, and then I did not see him for some time—I remember his calling on the 17th of Sept.—I was very in-differently off at that time—I have seven children, two were away and five at home—when the prisoner called, my husband was not at home—he was not in a regular place, but was engaged at 10s. a week—the prisoner said, "How do you do?"—I said, "Pretty well"—he said, "How are you getting on?"—I said, "Very badly, I have bad an execution in for poor-rates, and for a security that we entered into for a person, and I expected an execution in for I my tuxes"—he said, "You may expect one again for your rent—I have seen I Puttock, and I shall have to come in"—he said Puttock had told him to get I ready to come into the house at quarter-da)—he said, "I would advise you to be in readiness, and clear off, or else you will not have a single thing left"—he
said, "I have got plenty of warehouse-room in my shop, and have got a large cellar—I can put away all your things, and take care of all your things, and when you have got another house you can have them again"—he said, "I am coming here to the Euston station on Saturday; if you can get the things ready, I will take home for you"—I was very sorry I had got lodgers—I had let my house and my parlours—I should be able to for 14s. a week, and if I could have another fortnight, I should be able to pay my way—he told me if I left it over Friday, he would not give a d—n for any of my things—this was on the 17th of Sept.—I said I would rather stop in my house, if I were sure they would take my things, because it was more honourable to stop than to go—he said, "D—n honour, will that keep your childred?;—he said a should be going to the Euston station on Saturday with a truck, and if I would get some things ready, he would take them with him—I parted with him on that agreement—I saw him again on the following Wednesday—he came by appointment on Wednesday evening—my husband was at home—me began to pack up the things, the prisoner and my husband and I together, and we went on till about nine o'clock—the first thing we took up was the drawing room carpet, and sent it by the can was not drawn up to secure the things for us, and he said, "I will give you a contract," which he never did—I gave him a shilling out of my pocket, and he fetched the stamps himself—the reason I gave him the shilling was, because somebody (but I do not know who) said, "who is to fetch the receipts?"—it was not myself said it—on it being asked, who was to go to fetch the receipts? I said, "Emma," meaning a servant that lived with me, named Emma Wood—the prisoner said, "I will go," and I gave him a shilling out of my pocket to fetch them—he went out and brought in three stamps—he put them in his pocket—there was nothing more done till the things were all packed—we went on packing, and the prisoner assisted—the went on packing till three o'clock—that was three o'clock in the morning of Thursday, the 24th of Sept.—at three o'clock we had coffee, and the prisoner drew up the three receipts himself—my husband was asleep at the time—I said to him, "Business first, and sleep afterwards"—I awoke him up, and when he was awake he turned round and signed the three bills—I cannot tell you whether he looked at them—he put his name to the papers—when my husband awoke and signed them, the prisoner put them into his pocket, and I never saw them afterwards—the prisoner said, "We will sign them at different dates, or else they will look so like a fraud"—the prisoner wrote what he pleased—my husband said he did not understand them, he was not a man of business, and the prisoner wrote what he pleased—the receipts were not shown or read to me—the prisoner turned and showed them round to Emma Wood, and said, "I should think will do"—she said, "I should think it would"—the prison said he had engaged a van for five o'clock, and at five o'clock a van a two men came that the prison had engaged, and the prisoner, the two men, and my husband assisted to pack the things in—they would not all go into one one van, and the prisoner desired another van to be sent for—my husband's daughter went for one—the rest of the goods were loaded into that—the prisoner asked me for money to pay for the vans—I gave him half-a-sovereign, and he went away with the vans and the goods—he went without my husband—we had no goods left in the house—I and my husband went to look for a room for a lodging—in the afternoon I went out to look for a room, and I met the prisoner and my husband together—I applied to the
prisoner for some articles to pawn to get my family bread—I did not have the articles, but on the 26th he lent me half-a-crown—when the prisoner had been in possession under the Midsummer distress, Mr. Puttock made an inventory of the goods in the parlour.
COURT. Q. Did you ever get any of the goods back? A. I got a few for a room the same day that I moved, on Thursday, the 24th of Sept.—I think they were brought in a truck, but I did not see them—they were brought while we were out, but it was our room—we took the room—the prisoner went to his place, and he brought hardly bare enough for our one room—I went to him again—he was not there—his mother was there—he came in—he was rather cross, but he gave me a few blankets, and then when I applied again for some goods to pawn, he said, "It is not worth your while to pawn, I will lend you a trifle of money; I will lend you half-a-crown," which he did—on the 26th he lent me half-a-crown, and be lent me 5s.—I never applied to get all my things back again, but I went at different times—on the 30th he lent me 5s.—on Saturday, the 3rd of Oct., I had 5s. of him, and on Monday night, the 5th, I had 5d.—I could not say what the things were worth that were never returned—I should think 20l.—I do not know—I believe they were worth 20l.—my rent at Burton-street was 40l. a year—I think there was half-a-year's rent due, with the quarter that wan coming, besides a little balance that was paying by weekly instalments—that was the arrangement I made before, to pay by weekly instalments.
MR. RYLAND. Q. Amongst any of the things that he took away was there a rent-book? A. Yes—that contained an inventory of all my things—I let him have that to copy off—he did not give me a copy of it—I afterwards found the remains of that book, a few of the leaves, but all the writing was torn out—the prisoner came to me on Wednesday, the 7th of Oct., about three o'clock, and stated he had been looking after a house—he said that Puttock had got the letting of it, but that did not matter—he was to have the first refusal of it, and he would take it and pay the first quarter's rent for us; and he told me to be ready on the Saturday to go to look at the house—he said it was an eleven-roomed house, a very nice one, between Notting-hill and Bayswater; and he said, "I have sold a tent bedstead, and got half-a-crown on it, and if they never come I am on the right side"—he gave me the half-crown—I waited for him on the Saturday—he never came; and at seven o'clock I went to his place—I could not find him—the place was shut up—I could not get any of my goods—I saw the prisoner on the Saturday night, after I saw his mother—I said to him," What do you mean by this? do you mean to act the rogue?"—he said, "What I have done, I have done; I have got nothing belonging to you; what I have got, I bought them and paid for them"—he said, "Come in mother," and then shut the door in my face—I saw the prisoner again on the Monday night at his shop, No. 23, Waterloo-road, where he exhibited my things for sale—he had nothing in his shop but what was mine—I heard he had been selling all day, but I did not see any of my things there, as the shop was shut—I took Mr. Langley, of the Borough-road, a solicitor, with me—the prisoner was very rude—the solicitor asked him if he meant to give the goods up—he said no, he had bought and paid for them—he said, "Come in, mother," and he shut the door in the gentleman's face as well as mine—I have found some of my goods—Mr. Tylcoate has got a table, and Mr. Brailey has a fender, a hearth-rug, and a mattress—I afterwards saw the shop in Waterloo-road by daylight—it was a shop for sale, like a broker's shop—I saw a good many of my goods there which had gone away in the vans—they were standing about in the shop, like other goods exposed for sale, some outside, and some in front of the shop—I saw the prisoner, and I demanded the goods of him, but I never got any more back—I received 17s. 11d. from the prisoner at different times, and I gave him 1s. for the receipts, and 10s. for the van.
Cross-examined by MR. ROBINSON. Q. How many rooms were there in this house of yours? A. Ten, and furniture in all of them—I had lodgers in my house at the time I went away—one of them left on the Wednesday evening when I moved myself, the other gentleman moved the day before—I told them I expected the broker, and that induced them to move—I enclosed the key to my landlord, and said a person in the country owed me 15l., and as soon as I got it I would call and pay—I did not mean to cheat the landlord of anything—I thought there was something dishonourable in doing what I did, but I did it—the prisoner called on me once after his being in possession, and then I never saw him again for a very long time—I am not aware that he had gained any great influence over me—when he called on those occasions he staid a couple of hours—my husband was at home—when the prisoner came on the 17th of Sept. I told him I was not getting on well, I had had an execution for poor-rates, and that we paid, and I had paid a levy on me for security for a poor woman—I had settled all these, all but my rent and taxes—I was expecting a levy for my rent that week, for with paying all my little things I had not got a shilling to buy bread for my children—I had drawn a fortnight of the person in the parlour, and I would not re ceive it till that week—I was paying the arrears of rent weekly.
COURT. Q. Had you any expectation that the landlord was going to put another distress in on the 29th of Sept.? A. I had not, till the prisoner came and said he had seen Mr. Puttock.
MR. ROBINSON. Q. Had you paid all your instalments? A. I had paid all up to that week—the day was not come for me to pay it that week—I was not in a condition to pay it, for I had pawned my last bed to pay theother—when these conversations took place with the prisoner, Emma Wood was present every time, on each of the days—my husband was not there on the 17th, and on the other occasions—I told my husband what I had done—I have not got the greater part of my things back—I have lost ten chairs, a sofa, and a couch, that he sold—I have got nothing back hardly—it would not furnish a room as it ought to be—he came to me once and said, "I thought you wanted money; I have brought you half-a-crown; I have sold a tent bedstead; I have got half-a-crown deposit; I am to have the rest on Saturday"—I took the half-crown—I did not say anything about it—there was no money paid to me but Us. lid,—the receipts were proposed by the prisoner—he said he would give a contract that we could take our things at any time we thought proper—he proposed the contract, but no contract was given—I do not know that my husband had any difficulty in signing those receipts—he signed them at once—the prisoner said, "Any future time you can have your things, safe"—my husband did not read over the receipts—the prisoner resided about three streets from roe—I saw things exposed there for sale; that was in Green-street—I went in and spoke to his mother—I said, "Mrs. Biggs, you are not selling my things?"—she said, "No"—I saw a blanket there, and she said it was a blanket her son brought home from a sale—I said, "It is mine, and I know it"—she said there was nothing selling, but she was obliged to move them about to appear to sell them.
Q. You were not to allow him a farthing for taking these things? A. He came to me on the Sunday, and I was going to make an arrangement, and he was called away—I was going to give him two sovereigns to get my things back—he was to be paid for taking the things—I told him we would pay him—I told him so all along, from first to last, and he
said he did not desire anything—little or nothing, when it was mentioned—I found his house shut up on the Saturday night when he promised to take me to see the house—there was not a notice on the door—I found him by going to his own brother's, and he told me 1 should find him in the Waterloo-road; he had been there the day before—he did not tell, me the number—I went to Waterloo-road, and found him by inquiring from house to house—I did not see him for some time, but I saw his mother—Mr. Langley went with me to that place, and the prisoner said that he had bought and paid for them—he said he gave 30l. for them—Mr. Langley beard that.
JOSEPH LYNES . I am the prosecutor. I remember, on the evening of the 17th of Sept., the prisoner came to ray house—he said he had seen Mr. Puttock, and he had told him to get in readiness; he should want him to come into my house to go into possession at quarter-day—he advised us to take the things away—he said we had better clear off the things—I said I did not know where to take them—he said, if we would take them to his house, he would give them warehouseroom till we could get another house—on the following Wednesday he came again—he said he had plenty of room in his shop; he had a large shop, two parlours, and a large cellar—I told him I was afraid he would not have room for them—he said yes, he would, and he would get a good house for me in less than a month and I should have all my goods returned.
COURT. Q. Did you allow him to remove the goods on his representation that he would give them warehouseroom till you got another house? A. Yes—he said he would assist me in getting another house, and he said he had the promise of a house, between Bayswater and Notting-hill, from Mr. Puttock.
MR. RYLAND. Q. On the evening the good were removed, do you remember anything about receipts? A. Yes; the prisoner said we had better have three receipts drawn up, as though he had bought the things, or else, if there was any disturbance, tbey could come and take the goods from his premises; hut if he had three receipts, at different dates, it would show as though he bought them—he produced three pieces of paper to me—he drew them up—my wife awoke me up, and I signed them—I did not read them—he said he would give a document to me, that we could have between our two selves, that I could have all my goods back—he said that before the goods were moved—he did not give me that document—he said he had not time to do it that night, but he would do it the next day—I cannot tell the exact value of the goods that were removed that night; I think about 30l.
Cross-examined. Q. How much were the receipts filled up for? A. I do not exactly know; I think one was 7l. 15s., and I think one was 8l. odd, but I am not certain, and I think the other was much about the same as the first—I think it was not in figures as well as in writing—he read the amount over tome—I think he only read the first one, and said the others were drawn up the same—my wife was there when I awoke—he drew them up—I told him I did not understand the drawing up of bills—I swear I did not read each receipt—he told me the amount of them—I cannot positively say whether he told me the amount in reading them—I said it was a very awkward thing to sign—I told him I did not like to sign, but he told me he would give me a document the next day—it was his proposition to give me a contract—I have never received a farthing from him—he said there was no occasion to sell the goods; if we wanted any money he would lend us some—we paid our rent quarterly, but there was something paid weekly—the weekly rent was due on the Wednesday, and my goods went the next morning—my landlord would not have levied for that week's rent, had not the
things been removed—I did not remove them to prevent paying the landlord, but the prisoner said, if the things remained there three days longer, they would be seized—we should have pawned something, and paid the weekly rent—the quarter would not become due till the 29th of Sept.—there was no rent to levy for till the 29th, except the weekly rent—the landlord would not Have levied for that—there are a great many of our things we have not got back, and a great many are in the hands of the police—the prisoner said he would not charge anything he had plenty of room for the things to be put, and he would take great care of them.
MR. RYLAND. Q. There was no rent due till the 29th that the landlord could seize for? A. No—the prisoner said, unless my things were taken away in three days, they would be seized—I believed that.
COURT. Q. Did you allow the prisoner to tell any of the goods? A. No—he said there was no occasion to sell any of them; if we wanted money he would lend us some.
MR. ROBINSON. Q. The prisoner said something about a house; did he undertake positively to put you into a house? A. Yes, he told my wife he would get one for her—he said he would inquire for one, and he would put her into a good one—I did not understand anything about his paying the rent—I was not at home.
JAMES FELL PUTTOCK . I am agent to the landlord who owns No. 29, Burton-street—I distrained on the prosecutor for the Midsummer rent—the prisoner was put in possession—I made arrangements for them to pay weekly, and withdrew the distress—the prisoner cane out of possession on the 13th of July—he came to me to be paid, and he was paid—I have bad no com-munication with him since then—I had not told him to be in readiness to be put in again for a distress, nor anything of the sort.
COURT. Q. How did you get the key? A. They sent the key to the solicitor to the estate—he is not here—I do not think ho is. aware of any of these proceedings—I do not think any letter was sent to him—he said the key had been sent to him—the property belongs to the Crockford estate—Miss Crockford is the owner.
PETER HALDANE . I am clerk to Edward Thomas, an auctioneer, in Leicester-square—I know the prisoner—he is a broker—on the 25th of Sept, he brought four lots of articles to our place for the purpose of being sold by auction—they consisted of two dressing-glasses and two mattresses—he had 2l. advanced on them—on the 26th he brought sundry furniture, on which I advanced him 5l.—the furniture was sold—I saw him again on the 30th, and I paid him the balance of half-a-crown—he had 7l. 2s. 6d. in all—there was a table in one of the lots—Mrs. Lynes has seen the table and claimed it.
Cross-examined. Q. Was that all that was claimed? A. That was all I could produce—I sold that to Mr. Tylcoate—I could not trace to whom I sold the other things, so that they could be found.
COURT to PETER HALDANE. Q. Have you a catalogue in which these things were described? A. Not with me; there was one—Mrs. Lynes attention was called to the things I received.
MR. ROBINSON. Q. Had the prisoner brought thing! before to you? A. Yes—it is the custom of brokers to bring things in this way.
RICHARD BRAILEY . I live in Brewer-street, Golden-square. On the 25th of Sept. I bought a hearth-rug at the prisoner's shop for 8s., and the next day a fender for 10s.,—Mrs. Lynes has seen them and identified them as hers.
MARY ANN PEAD . I am the wife of William Pead—we live in Peter-street, St. James's—the prisoner had a shop three doors off—sometime ago I bought six window-blinds at his shop—I was to give 5. 3d. for them—I paid part one day and part another—I parted with some of them, but had two left—Mrs. Lynes has seen them and claimed them as hers.
ANN SQUIRES . I am single—I knew the prisoner's shop in Peter-street—I bought a bedstead and a fender there of the prisoner, on the 29th of Sept—I gave 16s. for the bedstead, and 3s. for the fender—they are herer—Mr. Lynes has seen them and claimed them.
Cross-examined. Q. Did you pay for them? A. Yes, when they came home in the evening—my attention was attracted to them as I was passing.
THOMAS WILLIAM CARTER . I am an Inspector of Police. On the 14th of Oct. I went with Mrs. Lynes to the prisoner's shop—that was after his examination—Mrs. Lynes said all the things in his shop were hers—I took possession of them—I found a box—it was broken open, and in it I found a key, the wards of which had been filed out—I had some conversation with the prisoner before I found these things—I went on that same day to serve a summons on him to attend the police-court—he said he had bought the things, and they were duly signed on stamped receipts, meaning the receipts which he had—he did not show them to me.
Q. Was anything said as to whether the goods had been paid fort A. He said he had paid for them—when we produced him the summons he said, "I have bought the things, and they are duly signed, on stamped receipts."
EMMA WOOD . I was servant to Mrs. Lynes—I was present on the night the goods were removed—the prisoner wrote the bills—they were not read over to me—I saw them—the prisoner wrote them, and Mr. Lynes signed them—they were shown to me—I do not know what they were—I did not look at them when they were shown to me—the prisoner said he would take care of the goods till Mrs. Lynes had another house.
COURT. Q. What reason did he give why these receipts should be signed? A. I believe it was done to save any piece of work—I do not know what wal said—the prisoner went for the receipts—he said he wanted them to make bills for the goods—he said he wanted them to save any bother, if any one came after the goods—he did not pay anything for the goods.
Cross-examined. Q. You did not read these receipts over? A. No—nor anybody else, to my knowledge—I was there—I saw Mr. Lynes awoke by his wife—I was there till he signed them—they were not shown to me par ticularly—I cannot say what was the amount of them—I have no idea—I do not recollect anything about them at all.
COURT. Q. Do you recollect the prisoner saying it was to prevent any bother if any one came for the goods? A. Yes.
COURT to MARIA LYNES. Q. Had you any dressing-glasses amongst your things? A. I had two—I had six mattresses—I think the dressing-glasses were worth 22s. each—the best of the mattresses were worth about 15.—I saw a printed paper, like a catalogue, at Mr. Thomas's—I got one, and gave it to the inspector—I find some articles in the catalogue that correspond with the goods I lost—here are nine chairs, six horse-hair chairs, and one easy-chair, a couch, a table, and two mattresses—I afterwards identified the table—this is the catalogue.
COURT to PETER HALDANE. Q. Can you point out, in this catalogue, the articles the prisoner brought? A. Yes, this toilet-glass, this wool-mattress, a hair and wool-mattress, a mahogany-frame toilet-glass, and other things.
some out of the catalogue—a swing-glass was sold—we found it at the pawn-broker's shop, pawned for 7s.
Q. Do you know Mr. Clark, of Wardour-street? A. I do not I know the person who bought the easy-chair was sent to us—the chair was sent to at when we lived in the West-end of London, and the lady owes us 25l. now—we did not pay for the chair, but she did—she told me the chair was to go in our account—we have lost that easy-chair—I do not know to whom it has been sold.
(Thomas Bums, a tailor; Ann Steel, a broker; and Charlotte Walker, a laundress, of George-street, Grosvenor-square; gave the prisoner a good character.)
GUILTY . Aged 25.— Transported for Seven Years.
2183. ALEXANDER MURRAY was indicted for stealing 1 watch, value it; watch-guard, 10s.; and 1 watch-chain, 10s.; the goods of William Fillmore, his master; and JOHN MURRAY for feloniously receiving the same, well-knowing them to have been stolen.—They were also indicted for stealing 1 watch, value 10l., the goods of William Fillmore, the master of Alexander Murray; to both which
ALEXANDER MURRAY pleaded GUILTY . Aged 19.— Confined Twenty-one Days.
JOHN MURRAY pleaded GUILTY . Aged 18.— Confined Six Months.
MR. O'BRIEN conducted the Prosecution
ANN ELIZABETH SPRING , I am the wife of James Spring—I carry oh the business of a laundress, at Clapham. On the 20th of Oct I saw the prisoner getting out of an omnibus—she accompanied me to her mother's residence—the policeman told her the charge we had against her, and that he must search her boxes—they were searched—I do not know how they were opened—they were in her bed-room—she had been in my service, and had left me the night before—her boxes went there from my house—these things were found in them, in the prisoner's presence—here are two pieces of common lace—the prisoner said, "They are yours, I meant to return them"—Mary Ann Howell, the prisoner's sister, was there, and I said to her, "You told me you had a bundle of handkerchiefs that she gave you, and said her husband bought at a sale"—I asked her to produce them—they were produced, and the prisoner said they were hers—these are them—I have examined them—I had had them to wash—five of them I had from Mrs. Shaw—I know them by their marks—this one is Caroline Merriman's—these two are Catharine Shaw's—this is Caroline Ward's, and this is Miss Hutton's.
Prisoner. We were living on those terms, that my things were as often in her boxes as hers were in mine; I do not know how that lace came into the box; I wished her to search my boxes before I left; I never noticed these handkerchiefs; they were not new when they came into ray possession,. Witness. She did ask me to search her boxes, but I did not think I should find anything there—the lace I should not have noticed, but she gave that up herself.
MARY WOOD . I am servant to Mrs. Shaw, who keeps a ladies boarding-school. Five of these handkerchiefs belong to the young ladies at Mrs. Shaw s—this one is marked "E. Hutton," and these others have their respective names on them—it is my business to give these things out to wash—I missed
some about three weeks since—I told the prisoner there were two handkerchiefs short—she said nothing.
Prisoner. When she spoke to me about a handkerchief it was in the name of Meurie. Witness. No, it was not that one.
Prisoner. What has Mrs. Spring done with my things that are deficient? ANN ELIZABETH SPRING re-examined. She lived servant with me nine or ten months—she had the sorting of my linen, and packing it—what she had of her own I do not know—she had access to all my place from Jan.—I never knew of anything she lost—if so she was at liberty to look for it amongst the linen—we have repeatedly sent wrong things from house to house, but she has had the packing of them all—I had sometimes three or four women, but the prisoner was servant, and was in the house night and day, Sunday and all.
Prisoner. I several times mentioned that I had not a pair of stockings to put on; my handkerchiefs were hemmed and marked, and if they were put into the wash they never could be seen afterwards; I had nothing to do with the packing till within the last three months; she had a woman that always attended to fetching the things, and packing and unpacking the clothes; I know where she lives, and could produce her in this Court; I bought the handkerchiefs before ever I came to Mrs. Spring's, without she has changed my handkerchiefs.
GUILTY. Aged 25.—Recommended to mercy by the Jury and Prosecutor,— Judgment Respited. —(See the next Case.)
MR. O'BRIEN conducted the Prosecution.
ANN ELIZABETH SPRING . I am the wife of James Spring. On the morning of the 19th of Oct. I left eleven sovereigns in my drawer in my bed-room—I discharged the prisoner at night—the next morning, before I came down, I went to my drawer—there were only eight sovereigns in it, and the drawer was unlocked—I had left my keys about down stairs, not designedly, but my keys are frequently wanted for different things down stairs, when I am not at home—I am sure I had not taken the three sovereigns out myself—I left them safe on the 19th, and on the morning after they were missing—the keys had not lain about all that time—when I came home from my business on Monday, the 19th, the keys were on the mantel-piece—I then went out, and left the keys again—the sovereigns were not marked—when I went out on the evening of the 19th I paid the prisoner 3s. for her week's wages, for her to go before I came back—I did not know of the loss of these sovereigns till the next morning—when I took the policeman to the prisoner's I charged her with taking five sovereigns—(I had missed two sovereigns before)—she said she had not, and said she had been to London that day, and had the advice of a gentleman, and he said I should have marked my money before I put it into the drawer—what led to her saying that was, I had sent for her, and told her what I had lost—I charged her with having taken them—she said she had not got them, and I might do my best and my worst.
had occasion to go in doors, and seeing a light up stairs, I went up and saw the prisoner standing with the light in her hand, and the two top drawers in the bed-room open—I asked what she was looking for—she said she was looking for the neck-gussets of Mrs. Spring's night-gown—I came down stairs and went to my work again—the prisoner's boxes had then been packed and were gone.
Prisoner. Mrs. Spring paid me; her daughter wished me to stop a little while to work with her; she asked me to look for her mother's neck-gussets before I went away; I said I would, and when I got up I said to a little boy, "There is my scissors in the glass drawer, I will take them while I am here;" when Swaine came up, she said what was I looking for; I said, "The neck-gussets;" what she said about the drawer being open is quite false.
COURT to ELIZABETH SWAIN. Q. How many persons were in the house who might have gone into the bed-room? A. Mrs. Spring, myself, the prisoner, another young woman, two little girls, and three boys and a baby—Mr. Spring was not at home.
JAMES LITSENBURY . I am shopman to Mr. Vernon, a grocer, at Clapham. On Monday, the 19th of Oct., I saw the prisoner at my master's shop—she purchased some grocery—I cannot tell the amount she laid out, but I know she changed a sovereign—I took it myself, and gave her change—I knew her before—I had seen her at Mrs. Spring's.
Prisoner. He is quite mistaken; I gave him 4s. in silver; he gave me some halfpence out. Witness. I cannot say whether I gave her halfpence—I gave her change of a sovereign—I took the change from the till and put the sovereign there.
Prisoner. Mrs. Spring was with me when I was there; she saw me and said, "I never thought of parting with you;" we came out of the shop together, and walked together; I asked her if she would take anything to drink, she said, "Yes," and she took a glass of spirits.
ANN ELIZABETH SPRING re-examined. That is correet—I was in the shop, and while I was there she came in—I could not say what she bought or what she paid—I was too much flurried to know what she did—I had not then discovered the loss of the three sovereigns—I said I was sorry we were going to part in that manner—we both cried in the shop, and she said, "I hope you don't wish me any ill will."
NOT GUILTY .
MR. O'BRIEN offered no evidence.
NOT GUILTY .
Before Mr. Common Sergeant.
2187. STEPHEN STROUD was indicted for stealing 1 box, value 6d.; 5 sovereigns, 1 half-sovereign, 32 half-crowns, 80 shillings, 50 sixpences, 12 groats, 4 pence, 10 halfpence, and 12 farthings; the property of William Pain, in his dwelling-house.
MR. CHARNOCK conducted the Prosecution.
ELIZA PAIN . I am the wife of William Pain—we keep the Angel public, house, Blackfriars-road—you must go through the bar to go to the bar-parlour—the prisoner was in the habit of frequenting my house—I kept a child's money-box on a high shelf in my bar-parlour—there was 15l. in it—it had no lock—I put 4s. into it on the afternoon of the 5th of Oct.—the prisoner knew I had such a box—he had seen the child put money into it—I and my sister, Jane Rosling, had access to the bar—my husband was ill at that time, confined to his bed—I do not know what time I left the bar after I put the money into the box, but I left my sister in the bar—it was never left alone till eleven o'clock at night—I then had to go up stairs to attend to my husband, and while I was up I called my sister to give me a light—the bar was then left alone for about three minutes—when I left the bar, the prisoner was outside the bar—he had no one with him—he had his coat on, and J think his umbrella under his arm—persons had come into the bar after I put the money into the box, but they were not left alone—I saw the box safe last about five o'clock, and missed the box and money a little after eleven.
THOMAS OLDMEADOWS . I was in the Angel on this night—I went to the bar parlour a little after eleven o'clock, with the expectation of taking Mr. Pain's supper up stairs according to promise—I saw the prisoner at the shelf, with his arms extended—I said, "Halloa!" and he immediately dropped his arms—I said, "Where is Mrs. Pain?"—he was very much confused, and could not answer me for a moment—he then said, "Up stairs"—I immediately left him—I did not perceive him with anything—I went up stairs, and he followed me—he was much confused—I have known him some time, and I sever saw him so confused in my life—he bid Mrs. Pain good night, and said, "If anything is the matter I will come"—when I saw him in the bar parlour there was nobody else there—I did not ask him why he was looking on the shelf—when he was taken he asked me what he was taken for—I said, "You know what you are taken for"—he was taken about ten minutes past twelve o'clock that night, near his own dwelling, in Clerkenwell.
MRS. PAIN cross-examined by MR. PARRT. Q. What time did the prisoner come to your house that evening? A. I think about eight o'clock—my husband has known him about fifteen years—he is in the habit of coming to our house about four times a week, and was intimate with us—he was very attentive and kind to my husband—on the night before this he had sat conversing with him till twelve o'clock, and on that night I understood he had come for the purpose of sitting up with him; but while I was gone up stairs he came up stairs to say, "Good night," and said he could not stop on account of his wife's illness—Oldmeadows stopped with my husband a part of that night—I frequently had occasion to leave the bar parlour from five o'clock till eleven, but my sister was there—I have a daughter who is fourteen years old, who is always there—the prisoner had not been sitting in the bar parlour with me—he belonged to the club—he was first in the parlour, and then up stairs—when J went up to my husband I told the prisoner to mind the meat in the kitchen—he was then in the kitchen, close to the bar parlour—Oldmeadows was there two or three times in the evening, but not in the bar parlour, back wards and forwards, the same as the prisoner, but he did not go through the bar parlour to go up stairs—Oldmeadows was up stairs along with Mr. Pain—he was up and down—I do not know that he was in the bar parlour—I will say he was not—I was not absent so long as ten or twenty minutes—I do not know how many persons were in the bar parlour between five and ten o'clock—when I left to go up stairs I left the prisoner in the kitchen—if not he was very close, for he answered me.
Q. Have you heard any threat of an action? A. I have heard a great deal, at least my husband has—I do not know that he has been threatened with an action for charging the prisoner with a theft—I was four times before the Magistrate—I do not know whether he refused to commit the prisoner for trial, and say we might go before the Grand Jury—I do not understand anything about it—I never was in a police court or before a Magistrate till now—the prisoner came up stairs before he went—he shook hands with me and my husband, and wished us good night—that was after he had been in the bar parlour—Old meadows was present—I saw the prisoner turn out of the room to go down stairs—I remained in the room—when I went up to my has-band I left my daughter Eliza in the bar parlour.
MR. CHARNOCK. Q. When he came up, had he anything under his arm? A. We noticed something, and then he said be would not sit up—I have two parlours, one where the customers sit, and one bar parlour—I sit there—the prisoner might have been in the bar parlour that night.
THOMAS OLDMEADOWS cross-examined. Q. You saw the prisoner with his hand stretched out? A. Yes—he was behind the bar, in the bar parlour—I did not know he had been told to attend to the meat—he followed me up stairs—as soon as I got to the top of the stairs he was behind me—there were plates and other things on the shelf—he came up and bid me good night I had some suspicion, because he was confused—I had no reason to stop him then—not five minutes elapsed before I mentioned it to Mrs. Pain—If she had gone down when I first told her, no doubt we should have caught the prisoner before be got over the bridge—when he came down I was in Mr. Pain's bed-room—he did not say anything to me when I was standing at the bar—I am a chandler and general dealer—I was a pot-boy at the Angel from three to four years ago—that was before the child was born, or the money-box thought of—I never heard of it—I went with the policeman after the prisoner—he was whistling when he was taken—he was coming down the hill, and he had a penny pie in his hand—he produced a memorandum book—I did not see that he had a handkerchief and two keys—it appears he did not come the right way home—he ought to have come at the bottom of the hill—I believe he is a dealer in watches—I believe there were four watches in his pocket at that time—I only know by what he said that he had purchased the watches that day—he is a sack-weaver.
MR. CHARNOCK. Q. Where was the prisoner's umbrella when you saw him? A. There was an umbrella outside the bar—I know he had no umbrella in his hand when 1 saw him—he had nothing in his hand, only his arm extended.
JAMES HUGHES (police-constable L 100.) I took the prisoner in Baker-street, Clerkenwell—I told him the charge was stealing a money-box from the Angel public-house, in Upper Ground-street, Blackfriars—he said, "I have nothing about me"—he said he was taking the umbrella down when the young man had told him about seeing his arm upon the shelf.
Cross-examined. Q. He was near his own home? A. Yes—he had a pie in his hand—Oldmeadows was with me—it was about ten minutes before twelve o'clock—I did not give any evidence before the Magistrate—I was in the Court four times.
Cross-examined. Q. Were you in the bar when your sister went up stairs? A. Yes—I saw the prisoner come up stairs to wish them good night—I saw him come down, and I came down, and left him at the engine, outside the counter—he stopped talking with me a very few minutes—there was no one in the
bar but me and the child—I was before the Magistrate once, but was not examined—I was not there on the second hearing—I do not know why I was not examined—the little girl is not here—the prisoner shook hands with me over the bar when we parted.
COURT to ELIZA PAIN. Q. Where was the little girl at eleven o'clock? A. At the far end of the public bar.
MR. PARRY. Q. Was she in the bar? A. Yes, but not in the bar-parlour—the door was open—it is always open.
NOT GUILTY .
2188. WILLIAM BAYLIS and JAMES WILLIAMS were indicted for stealing 2 bottle-stands, value 3s.; and 1 table-cover, 2s. 6d.; the goods of Thomas Horncastle; and that they had both been before convicted of felony.
ELIZABETH GOODENOUOH . I am in the service of Mr. Thomas Horncastle; he lives at South Lambeth. He had the bottle-stands and table-cover safe in his parlour on the 3rd of Oct.—soon afterwards the constable came and produced them to me—these are them.
WILLIAM GIBBS (police-constable V 77.) On the evening of the 3rd of Oct. I saw the prisoner Baylis enter Mr. Horncastle's gate—I saw him come out again—Williams was standing a little way off, within sight of the house—I had seen them together before—when Baylis came out he joined Williams, who was then between twenty and thirty yards from the house—I took Baylisand searched him—I found on him one bottle-stand and this table-cover-Williams ran away—when Baylis went in he took off his shoes, and gave them to Williams, and went in without them.
BAYLIS†— GUILTY Aged 19.
WILLIAMS†— GUILTY Aged 22. Transported for Seven Years.
2189. WILLIAM MEARS, ROBERT HENDERSON , and MATTHEW WALLIS , were indicted for stealing 1 lb. of cigars, value 9s.; and 2 lbs. of cheroots, value 185.; the goods of Thomas Payne; and that Mears had been before convicted of felony.
ANN PAYNE . I am the wife of Thomas Payne, a tobacconist—we live at Camberwcll—on the evening of the 20th of Oct. 1 saw four persons come to the shop window—in about half an hour afterwards a young man came into the shop—I only know him by his dress and height—he was like one of those I saw before, and like the prisoner Henderson—he came in for Black Jack, or White Jack—he laughed, and went to the window and spoke to the one in the white coat, which was Mears, but he has changed his coat since—I believe Henderson was the person who came in and went and spoke to Mears—I then went to put my children to bed, and about three quarters of an hour after Henderson had gone out I missed three bundles of cigars—these now produced are them—I missed three different kinds, and I have samples of them here.
Henderson. When she came to the police-station she did not know me.
Witness. Yes, I did, by the description of his dress and height—he had on a jacket and a cap that I particularly noticed—he resembled the person in voice and in everything else.
WILLIAM MORTON (police-sergeant 76.) On the 20th of Oct. about a quarter-past nine in the evening, I met the prisoners and another person about two miles from the prosecutor's—I perceived that Mears and Henderson's pockets had something bulky—I took them—I asked Mears what he had got?—he said, "Nothing"—I took him to the station, and found on him 190 cigars, which Mrs. Payne swears to—Henderson ran away then, but I took him the next night.
Mears. I bought these cigars at Croydon fair; I am in the habit of working at fairs and races.
Mears. I served my month and came out, and got a place in the Borough, and this officer came and told my master I was a convicted thief.
Witness. No, there was a man at the place who knew he had been convicted, he told him I had had him convicted; the master asked me and I told him.
MEARS— GUILTY.* Aged 20.— Transported for Seven Years.
HENDERSON— GUILTY . Aged 18.— Confined Three Months.
WALLIS— NOT GUILTY .
2190. WILLIAM NEW and GEORGE BALL were indicted for stealing 1 watch, value 6l.; 1 watch-chain, 2l. 2s.; 4 seals, 2l. 10s.; I watch-key, 5s.; 1 purse, 25. 6d.; half-sovereign, 16 shillings, 4 half-crowns, and 8 sixpences; the property of William Baker, from his person.
MR. BALLANTINE conducted the Prosecution.
WILLIAM BAKER . I am a coach-painter, and live in New-street, Borough-road. On Sunday evening, the 13th of Sept., I went into the Red Cap public-house, at Camberwell, about eight o'clock—I do not recollect seeing the prisoners there—I got into a quarrel—a man interfered with me, and picked up a quarrel with me—I do not know a person named Blind Dick, but he interfered in my behalf—I first saw the prisoner New at another public-house, the Prince of Wales, in the London-road—I cannot say what time it was, it was between eight, and it might be twelve o'clock—New introduced himself into my company—some conversation passed—I did not see Ball there—I left that second public-house at something like two o'clock in the morning—New was with me, standing in the very same place with me—I had with me a silver watch, a chain, seals, and key, and a purse containing the money stated—while I was in the public-house 1 stood some gin—when I got out I went towards my own home in New-street, Borough-road—I was followed by New and Blind Dick—they wanted to take me further, to get more drink—an officer interfered, and said I was in bad company—he took me away from them, and passed me on towards the Walworth road—from there I went into a coffee-shop—I was followed in by New—whether Ball was with him I cannot tell—I went in, and New came and sat in the box with me—I cannot recollect whether I saw Ball or no—I did not see him till I was awoke up—I fell asleep there—I am satisfied that I was drugged—I am satisfied I was not drunk before I took the coffee—I was perfectly in my senses—I was perfectly aware I had all my property—before I went into the coffee-shop I pushed my watch-chain inside, and buttoned my coat, and when I awoke my waistcoat was open, and my watch, and money, and purse were all gone, and the men gone to—Blind Dick was not there.
JAMES WOODWARD . I am assistant to Mr. Cross, who keeps the White Hart coffee-shop in the Walworth-road. About half-past two o'clock that morning I saw the prosecutor come into our coffee-shop—the prisoners Ball and New followed him in—there was no third person came in with them—the prosecutor sat down, New sat down next to him, and Ball sat opposite him, on the other side of the table—I heard the prosecutor say, "Take my money; leave me alone; it is all good; it is more than you can spend to-night; shake it, it is all good"—I saw a purse in New's hand, and heard money rattle—I had not seen the prosecutor have any coffee before that—they had had three cups of coffee—I heard New tell him he had better take his money and put it in his pocket—the prosecutor fell asleep after that—he and the two prisoners seemed to be all three asleep, their heads were all down together—I did not see the prisoners get up and go away—I had never seen Ball before—New had been at our coffee-house before—he did not frequent the house—a witness told me something.
Q. Before the witness told you something, did not the prisoners and a third man go out? A. No, sir, I did not see them—I noticed they were gone, leaving the prosecutor asleep—I heard all this conversation about the money, and I watched them as far as I could—I went out after the prisoners, after Mr. Cross desired me—I returned again in a minute or two, and I noticed the prosecutor with his waitcoat unbuttoned, and his guard hanging without the watch—he was completely stupified—we could not make any sense of him. COURT. Q. Did he appear different to what he was when he came in? A. Yes.
Cross-examined by MR. HORRY. Q. Do you recollect Fenning, the constable, coming in 1 A. Yes—the prisoners changed seats after they had had the coffee—there was not a third man came in—I have not said that the prisoners and another man came in—I did not see that Ball was rather the worse for liquor.
MR. BALLANTINE. Q. Did it occur to you that this man was in a fit state to be giving his money to anybody 1 A. I did not know whether they knew him or not.
JANE WINNIFRED STONER . I am single; I live in Cottage-place, William-street, New Kent-road. On Monday morning, the 14th of Sept., I was at the White Hart—I saw the prosecutor drunk—I saw New—I do not recollect Ball—there was another man between New and the prosecutor—there were three men altogether about the prosecutor—I saw a person not in custody trying the prosecutor's pockets—that was in presence of the other two men—I should say they must have seen what the other was doing—they then all three left the prosecutor—New went out first—the other two followed immediately after—the prosecutor was asleep at the time—I saw the other man feeling at his pockets—while his pocket was being felt New observed that I was watching, and he made a motion to me to look another way—I gave information to the waiter.
JAMES DENBY . I am a Smith, and live in Camden-street, Walworth. On Sunday night, the 13th of Sept., I was in company with Ball—he left me about two o'clock, at the Prince of Wales, in the London-road—I remained there about an hour after he left—I then went to the White Hart coffee-house—I did not see Ball again till I had been in the coffee-house about ten minutes—he was sitting opposite the prosecutor—I cannot swear to New only by his having knee-breeches—the prosecutor and three others were there, and Ball was one—they were talking together—Ball wished me good night, and he went out with two more men, leaving the prosecutor asleep—the man with knee-breeches was one who went out, but I did not see his face distinctly
from the position I was sitting in—there was an outcry that the prosecutor had been robbed—I went to raise him up, and said, "You had better call a policeman in, he has been robbed"—the policeman came and raised him up, and I said, "Hold up his face again"—I thought I knew him somewhere, but I could not think who he was—I had a slight knowledge of him.
Cross-examined. Q. Had you been with Ball the best part of the evening? A. No, I had been with him three hours before—I was going home, and twenty or thirty yards from my house there was a noise, and three men fighting—I was with Ball, about twenty yards from my house, till twelve o'clock—we then went to the Prince of Wales—he showed that he had money—he paid the same as I did—he was very fresh.
GEORGE WATMAUGH (police-constable L 105.) On Monday morning, the 14th of Sept., I was on duty in the London-road—I saw the prosecutor come out of the Prince of Wales public-house as I was passing the door—immediately after I saw Blind Dick and another man following him, and when they got ten or fifteen yards, I saw New come out of the public-house, and Ball after him—New called out, "Dicky, which way is the b—r gone?"—Dicky hallooed out, "We are here"—the two prisoners then followed—I noticed that the prosecutor was a little fresh—I went up to him and cautioned him—those four persons were then with him—I asked him if he had got his money and watch safe—he felt, and it was all safe—I watched them some distance—I did not see them go into the White Hart.
Prisoner New. This policeman was in the public-house, drinking gin and water A. I was not—it is a thing I never drink.
ROBERT FENNING (police-constable L 181.) On that Monday morning I was called into the White Hart by the proprietor, who said he suspected some persons there—I saw the prosecutor and the two prisoners sitting all together on one side—I saw nothing that I felt justified in interfering in—I went out and went on my beat—I was called in again in about twenty minutes—I found the prosecutor insensibly drunk, his coat and waistcoat unbuttoned and his watch-guard hanging—I took the prisoners about two hours afterwards—they denied being in the coffee-house at first, but I said, "I saw you there myself"—the prosecutor was too drunk to give them in charge, and Mr. Cross refused to give them in charge—I asked New what money he had—he said about 3s. 6d.—I found that on him, and a little silver on Ball.
JAMES BAKER (police-constable P 98.) I took New into custody on the 22nd—I told him what he was charged with—he said after a little time that he did not know anything about it—he did not say whether he had been at the public-house.
JAMES KEARNEY (police-constable.) I took Ball on the 29th, at his own lodging, in Clerkenwell—I told him I wanted him on suspicion of stealing a watch, with others, from a gentleman in a coffee-shop in Walworth-road—he said, "I will tell you all about it"—I asked him who the others were—he said Denby was as much in it as he was, and that Denby leaned his arm over the box.
(Ball received a good character.)
NEW— GUILTY. AGED 21. confined One Year.
BALL— GUILTY . Aged 26.
and missed it—I am sure the one produced is my master's—it was put at the door between one and two o'clock.
Prisoner. Q. Did I not take it out to wipe my face? A. Certainly not.
Prisoner. I did, and being flurried, I put it by the side of my pocket—I had bought it that day in the Borough-road, of a man with a pack on his back.
GUILTY . Aged 25.— Confined Four Months ,
(There was another indictment against the prisoner.)
SAMUEL JOHN POCOCK . I am a shoemaker, and live in Mark's-row, Kennington. About three o'clock in the afternoon in the 24th of Sept. I had soled and heeled a pair of boots for Mr. Hildreth, in Marlborough-place—I called my lad over from opposite, and asked him to take them home—in the meantime the prisoner called, and asked me to buy a handkerchief—he asked 3d. for it, and said he wanted to go into the Cut to treat a man with a pot of beer—I did not authorise him to go anywhere to get the money for the boots.
Cross-examined by MR. PARNELL. Q. IS the prisoner in your employ? A. No, I know nothing of him further than seeing him about.
ELIZABETH EADES . I live with Mr. George James Hildreth, in Marlborough-place, Walworth. About three o'clock on the 24th of Sept. Mr. Pocock's boy came with the boots—they came to 3s. 6d.—I told him to come in the evening—about ten minutes after the prisoner came—he said, "I come for the money for soleing and heeling the boots, for Mr. Pocock"—I believed that, and gave him the 3s. 6d.
Cross-examined. Q. Had you seen him before? A. No—I saw the boy that brought the boots home—I have dealt with Mr. Pocock three or four months—he has no other boy but the one that came with the boots.
COURT. Q. Are you quite sure the prisoner came and had the money A. Yes.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Four Months.
WILLIAM CURTIS . I keep a coffee-shop in Waterloo-road. On Sunday morning, the 25th of Oct., about five o'clock, the prisoners came for two cups of coffee—I did not know them before—they stopped till a quarter past eight—I went out at half-past seven—I left a tea-pot safe in my window—it was lost, and has not been found.
JURY. Q. Was anybody else in the shop? A. There was some one before they went out.
NOT GUILTY .
THOMAS HENRY GREEN . I am a general dealer. I live in Gloucester-row, New Kent-road—on the 22nd of Oct. I was out collecting metal from differrent store-shops—about twelve o'clock at noon I called on Mr. Evans, a marine-store-dealer—I left my cart at the door with two pieces of zinc in it, and some baskets—while 1 was talking to Mr. Evans I heard the cry of "Thieves"—I went out in about three minutes and missed the two pieces of zinc—they weighed about 1/2-cwt—I am sure they were in the cart when I went into Mr. Evan's.
JOHN CHAMBERLAIN . I live in Red-cross-street. I was standing near Mr. Evans's shop—I saw a horse and cart there—I saw the prisoner reach over the back of the cart, and take out something that looked like lead, and give it to another boy, who walked away—the prisoner then took another piece and walked away with it—I went into the shop—Mr. Evans came oat and the prisoner ran away—I knew the prisoner before—I am quite sure it was him.
FRANCES EVANS . lam the wife of James Evans. We live in Red-cross-street—on the 22nd of Oct., between twelve and one o'clock, the prosecutor came with his cart—he talked with my husband in the shop—the cart remained at the door for a quarter of au hour, or twenty minutes—I went out and saw the prisoner a short distance from the cart—he saw me and ran away—I gave information to the police.
JAMBS BARTON (police-constable M 2172.) I received information, and went, on Friday evening, the 23rd of Oct., to Mint-street. I saw the prisoner with some others—he saw me and ran away—I took him, and told him I wanted him on suspicion of stealing zinc—he said he did not know anything about it.
GUILTY .* Aged 17.— Confined Six Months.
Before Mr. Common Sergeant,
WILLIAM FOWNES . I am an omnibus proprietor. I bought the prisoner's business and employed him afterwards—he was employed to collect money for me—he was to pay it to me on a Saturday night—I afterwards took the book over to Miss Jackson—the prisoner told me he had not paid me an amount of 50l. from about forty customers—he admitted he had not paid them—if he received 8*. 6d. from Mr. Powell, 2s. 6d. from Mr. Palmer, and 2s. 6d. from Mr. Neal, he has not paid those sums to me—he ought to have paid them to me, or to Miss Jackson.
ELIZABETH JACKSON . The prisoner was in the habit of paying me money for Mr. Fownes. I have looked at the books—he has not paid me 8s.6d. received on the 1st of Sept., or 2s. 6d. on the 20th of Sept., or 2s. 6d. on the 27th.
Prisoner. Q. Did I ever pay you any money? A. Yes, small sums once or twice.
WILLIAM PALMER . I paid the prisoner half-a-crown on or about the 20th of Sept. for his master. I employed the prisoner every Sunday for months to take me to church or chapel—he always charged half-a-crown.
Prisoner. Q. You never paid me but once, and that was 1s. 6d. Witness. Yes, I paid a great many more times—when my wife had not money I paid—it was half-a-crown.
GUILTY .— Confined One Year.
2197. WILLIAM MARLER was indicted for stealing 5lbs. 2oz. of bristles, value 10s.; 30 brushes, 10s.; 2 wool rugs, 10s.; 1 tray, 6d.; and 2 yards of webbing, 4d.; the goods of Thomas Dutton Templar Sparrow, his master; and MARIA MARLER was indicted for feloniously receiving 30 brushes, part of the same, knowing them to have been stolen; and that William Marler had been before convicted of felony.
THOMAS DUTTON TEMPLAR SPARROW . I am a brush-maker, aria live in Stamford-street, Blackfriars-road. William Marler was in my service—in consequence of suspicion, one evening, as he was going out, I said to him, "John, (which was the name I called him by,) you have been robbing me"—he said I had been a kind master, he should not requite me so—I searched him—I found some bristles in his pocket, and some in his hat—I sent for an officer, and gave him into custody—I have lost a great many bristles—I found these brushes at a pawnbroker's—I can identify some of them, and believe they are all mine—I had such, and lost such—I have heard nothing against Maria Marler—every one speaks favourably of her.
William Marler. He said at the Magistrate's office that lie missed two bundles of these bristles, and these only amount to one; there was a man at work there who brought three bundles down, and dressed them himself, and he brought another and gave them to me to work.
ROBERT DAVIS (police-constable L 120.) I went to Maria Marler's, and asked her for some duplicates—she went to a watch-stand on the mantel-piece—she took some papers, and selected two or three, and dropped them into the fire—I jumped by her, and picked some duplicates for brushes out of the fire—they led me to Mr. Mackie's, and there I found these brushes.
William Marler's Defence. I made the brushes, and took them to my mother's; she said if they belonged to me she would take them to pawn; I told her they did, and she took them; the bristles I bought at different times.
Maria Marler's Defence. I am innocent of knowing they came from his master's.
WILLIAM MARLER— GUILTY . Aged 22.— Confined Nine Months.
MARIA MARLER— NOT GUILTY .
at Rotherhithe. He has lost bolts and nuts—those now produced are his property—the prisoner had been employed by him on board a vessel the day before.
THOMAS WATKINS (police-constable K 310.) On the 30th of Oct. I took the prisoner—I found this property, tied in a handkerchief, in his hand, in a marine-store-shop—he said a man gave them him to sell.
Prisoner. I met a man who gave them to me.
GUILTY . Aged 29.— Confined Three Months.
FREDERICK WILLIAM STEER . I live at Lower Marsh, Lambeth. On Friday afternoon, about five o'clock, the prisoner came to my house, and said she wanted a pair of stockings—she was waiting for her daughter—a customer was in the shop buying some flannel—my wife was serving her—there were three rolls of flannel on the counter—there was, a dispute about the charge-while that was going on, the prisoner said, "If my daughter comes in, tell her to wait"—when she got to the door, a boy called out that she had a roll of flannel—she turned round, and said she wanted a pair of socks—I laid hold of her, and took the flannel from under her arm, she got out of her cloak, and ran out—the policeman secured her.
WILLIAM POWELL . I was at my master's door, and saw the prisoner come out of the shop with a roll of flannel under her arm—I told my master—she turned back on hearing me tell my master, and he laid hold of her.
Prisoner's Defence. I had nothing to do with the flannel.
NOT GUILTY .
ADJOURNED TO MONDAY, THE 23RD OF NOVEMBER, 1846.
The following prisoners, upon whom the judgment of the Court was, at the time of trial, respited, have been sentenced at under.:—