CENTRAL CRIMINAL COURT.
MINUTES OF EVIDENCE,
Taken in Short-hand by
SESSION I. TO SESSION VI.
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City Of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 23rd November, 1846, and following Days.
Before the Right Hon. SIR GEORGE CARROLL , Knt., LORD MAYOR of the City of London; the Right Hon. Thomas. Lord Denman Chief Justice of Her Majesty's. Court of Queen's Bench; the Right Hon. Sir James Parke, Knt., one of the Barons of Her Majesty's court of Exchequer; Sir Thomas Coltman, Knt., one of the Justices of her Majesty's Court of Common Pleas; Samuel Wilson, Esq.; Sir Chapman Marshall, Knt.; and Sir William Magnay, Bart.; Aldermen of the said City: the Hon. charles Ewan Law, Recorder of the said City; Jonn Kinnersley Hooper Esq.; Sir James Duke, Knt.; Thomas Farncomb, Esq.; Thomas Sidney, Esq.; and Francis. Graham Moon, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of 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.
CARROLL, MAYOR. FIRST 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 they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, November 23rd, 1846.
MESSRS. CLARKSON and DOANE conducted the Prosecution.
CLEMENTINA FRANCES WHITE . I am single, and live with my mother, at Connaught-terrace, Edgeware-road. On Saturday the 18th of July, I saw this advertisement in the Times—(read—"Wanted, 20l. for two weeks, on the deposit of securities worth 90l., not bulky, by a respectable person, who will give a note of hand for 25l. Apply, by letter, Free, Mr. Craven, 29, Little Pulteney-street, Golden-square")—in consequence of that I wrote to the address—on the Monday the prisoner came to my house, produced my note, and asked me if I wrote that—I said, "Yes"—he said he was the person who wanted to borrow 20l.—I took him into the room where my mother was, and asked him what his security was?—he said they were tea-warrants, and took them from his pocket-book—we said we did not understand them—he said if we would allow him he would explain them to us, as to the value of them—he said they were for tea which was lying in the docks, and that the warrants were worth 90l.—he said they were equal to bank notes—the warrants specified the weight of the tea—these are them—(looking at them)—he said the tea was sold at the grocers' shops at 6s. and 6s. 6d. a pound—that they were perfectly good, and that on the prompt day he had drawn the warrants for the true weight of the tea; and as to the payment, there was nothing to pay on them on getting the tea—he said he was a tea-dealer, and that 300l. or 400l. was nothing to speculate with him, as we had alluded to the interest—he said, oh, he could make 5l. or 6l. a-day by it, and if he was obliged to sell the tea he must sell it at a reduced price, which would hurt the trade—I at last advanced him 20l., and signed a paper which he wrote—I do not know what became of it—I did not have it.
COURT. Q. Did you advance your money on the terms stated in a written paper? A. Yes—I was induced to advance the 20l. because he said the security was worth 90l., and that he was a tea-dealer—he had got the money when he asked me if I objected to sign the paper—this is the paper I put my name to at his request, after I had paid him the money—(looking at an agreement produced by the prisoner's solicitor)—I understood his Lordship's
question to refer to the newspaper not to the agreement—that was after the close of the transaction altogether—I advanced him two 10l. notes and he gave me this promissory-note—before I gave him the money I said we should want a stamp—he took his pocket-book from his pocket, and said, "Oh, I carry stamps, I am in the habit of doing business in that way," drew the stamp out, and wrote upon it—this is it—(looking at it—read—"20th July, 1840. 14 days after date I promise to pay Miss C. F. White, or order, 25l., value received.—WILLIAM WILMOT, 20, Grafton-street, Fitzroy-square.")—on that I gave him the two 10l. notes—he folded the warrants up in a piece of paper, and said, "Oh, I will seal them, and put my crest on them," taking a ring from his finger, he put his crest on them, and delivered them to me—these are the three warrants—(looking at them)—he then said, "I will merely write out this little paper as a memorandum, that when I come you will deliver up these warrants—he then wrote out the paper, which I signed—he said he lived at No. 20, Grafton-street, Fitzroysquare, as was on the promissory-note—the note was not paid on the day it became due—I went to Grafton-street, took the note with me, and inquired for the prisoner, and was not able to find him—a woman opened the door—I asked for Mr. Wilmot—she said he had left there, and was gone out of town—next day I sent again, and the answer was he had gone to America, that the case was hopeless, and I was not able to see him—I have never received any part of my money back.
Cross-examined by MR. BALLANTINE. Q. What time did you present the bill? A., Between nine and ten o'clock in the morning—I took the warrants with me—I did not send them by the woman who I sent afterwards when I found I could not see Mr. Willmot—I sent the bill to be noted, I think it was the next day—he did not tell me to make any inquiry about the warrants—I had to go out to get the money before I advanced it—I am quite sure the memorandum had not been signed then—it was not signed till I returned—the stamp was not asked for till I returned with the money—then the promissory-note was drawn—the agreement was not drawn till afterwards—with the exception of the statement that 25l. had been advanced, the memorandum was a correct account of the transaction—the promissory-note was on a stamp—he only wished me to sign one memorandum.
COURT. Q. Was it after you had paid your money, and he had signed the promissory-note, that he suggested the drawing up of another paper for you to sign? A. Yes—my money was then lying on the table—I had delivered it to him—the whole transaction was completed, and I had parted with my money before the agreement was signed.
FRANCES WHITE . I am the mother of the last witness. I saw the prisoner at my house—my daughter brought him into the room where I was sitting, and said, "Mother, this is the gentleman that advertised for 20l."—the prisoner made a bow to me—I said, "What security do you give for the 20l.?"—he said, "Oh, Ma'am, I will give you very satisfactory and excellent security for fourteen days"—he took a pocket-book full of papers from his pocket, and said he had satisfactory security for 90l.—he took out the three warrants produced, and said they were for nine chests of the best young hyson, worth 90l.—I said, "I am very ignorant of these things, I don't understand it, and had rather have nothing to do with it"—he said, "Oh, ma'am you ca'nt fail, it is excellent security, and the tea is worth 90l."—he said he knew ladies were fond of a good cup of tea, and said the warrants were equal to Bank of England notes, and that the selling price was 6s. a pound—my daughter produced two 10l. notes—I said, "If you have this money I should wish to have a note on a stamped receipt—he said he had one, took out a
stamp, and wrote on it in my presence—he delivered the warrants to my daughter—after that he said "I should wish to write a receipt that you will give these warrants to me in fourteen days when I bring the money back—he asked my daughter to sign it—she signed it and gave it him—he stamped the paper which enclosed the warrants with his crest in my presence.
Cross-examined. Q. What did she do with the paper? A. She gave it to the prisoner, and he took it away—I believe he had the money before the paper was signed—he took the two 10l. notes off the writing-desk—I believe the two papers had not been written at that time—the prisoner took the money before he wrote the receipt—he took the money and went out—the bill for 20l. was written before the money was paid—I believe he drew up this other paper, which my daughter signed after he received the 10l. notes—they were not written at the same time, one immediately after another—this was written first, I believe—the agreement was written afterward—I believe the money was paid before either the note or agreement were written.
WILLIAM SMITH ADAMS . I am warehouseman to Messrs. Clarke and Co., of Arthur-street, tea-dealers—I obtained these warrants from Mr. Knight, Miss White's solicitor—I took them to the East India China Tea-warehouse, and examined the tea—it is Bohea, which is very common tea—it is Bohea tea, which has undergone a process to dye it, to make it appear green, but in fact it is black tea—it is common black tea disguised.
COURT. Q. What is the difference between Hyson and Bohea when both are young? A. I never witnessed the growth of either, but there is a great difference when it comes into this country—black and green tea are the produce of two different plants—it is not all the same tea prepared differently—young Hyson is green, and old Hyson would be green also—a person acquainted with tea would not be likely to mistake this for young Hyson—it is impossible.
MR. DOANE. Q. Would that tea sell at 6s. a lb.? A. It would not—it could not be got out of the Docks without paying duty—after the duty was paid, and the rent, it might fetch Is. 6d. per pound, but the duty would be 2s. 2¼d. a pound—it would not pay anything like the duty and rent—it is 8d. worse than nothing—the warrants are nothing like security for 202.—I never saw such tea sold in the market—the trade will not take it at any price—at long as these warrants are in existence it would remain in the Docks—"Young Hyson" is written on the chests—the warrants are dated 2nd Sept. 1842—they were entered by the merchant.
Cross-examined. Q. Did you take the warrants yourself to the warehouse? A. I went with them—Mr. Knight banded them to me—the warehouse-keeper produced the chests of tea, on my producing the warrants—the chests did not appear to have been broken—nothing appeared taken from them—tea warrants are of value—they are negotiated to an enormous extent—a tea-warrant may go through 100 hands, even if the tea is bad—if tea warrants were brought to me I should take care to sample the tea before I had anything to do with them—warrants are frequently passed from hand to hand without sampling, when the teas are put up at public sales with printed catalogues—these have been put up at public sale.
COURT. Q. How is the value ascertained by the printed catalogue? A., When put up for public sale, they are either sold, and then the price is known in the trade, or they are withdrawn at certain prices fixed by the broker, or at times without any price at all, but the trade can sample each lot—when these were sold there was no price attached to them—I know that, having referred to our catalogue—they came from Singapore, and were no doubt imported for sale—I believe the charge for bringing tea from China and landing it here is
equal to 3d. a lb.—there are about 50 lbs. in a chest—we have no reason to suppose it has got damaged by keeping—tea is not forfeited if the duty or dock charges are paid within a certain time—there is a period called "prompt," which is three months after the sale—the duties are not compelled to be paid then, but the teas are to be paid for—these must have been paid for, or the warrants would not have been issued, if they sold at 1d. a pound it would be 4s. 2d. a chest.
LEONARD WRIGHTSON . I am principal tea-clerk at the East India China Tea-warehouse. I know the tea which came from Singapore in 1842—there were 246 chests—the whole remained there at the time in question, except twelve chests which were delivered—I do not know whether they were exported or sold—they were delivered from the warehouse—these warrants relate to that tea—I have looked at one or two chests to which they refer—it is not young hyson—it is the veriest rubbish you ever saw—the duty and rent would much more than cover the value—it is unsaleable in the market—I never knew it to be sold in the market—the twelve chests were sold when they first came in—I cannot tell whether the duty was paid on them—I have no idea what the price in the shops would be—it certainly would not be 6s. or 3s.—the duty is 2s. 2¼d.—considering the amount of rent due to us on the warrants, we can hardly call it of any value—the prompt was the 20th of Oct., 1843, leaving three years rent due to us at 6s. a chest—the tea appeared to be coloured, disguised as green tea—I breathed upon it, and it seems of a dark colour—you cannot entirely get rid of the green, but it looks very dark—I have not tried it in the teapot—I should not like to take these warrants as security for 20l.
Cross-examined. Q. You have compared the warrants with the chests of tea from which you took the sample? A. I have one warrant—the others apply to that tea—I have obtained a sample from three or four chests, not from the whole twelve—they have all been opened—seven or eight of them might contain tolerable tea, for all I know—this tea is not damaged at all—the chests have been mended—I know nothing at all about the making of green tea—it is imported under the name of tea—it is sent over to this country, and I should think a proportionate invoice was sent with it—I do not know that green tea is mixed by the dealers with other tea, and that they are sold together as good hyson—it is well known that tea remains in the Docks till the dues are paid—I do not know that the duties have not been paid on this tea, but it is not usual to pay the duties till the sale takes place, and they are removed—I do not know that we ever had any tea so bad before.
WILLIAM SMITH ADAMS re-examined. Q. Did you see all the chests to which the warrants refer? A. I did—I did not open the whole of them—they all corresponded with the warrants—each chest had been examined by the selling broker—the printed catalogue has the character of each chest.
FRANCIS HARDING (police-constable E 88.) I know the house No. 20, Grafton-street, Fitzroy-square—a person named Bonner keeps it—I believe it to be a brothel—I have seen the prisoner go in there frequently—my attention has frequently been called to the house by disturbances by prostitutes.
Cross-examined. Q. Is it a lodging-house? A. I have seen girls go there with different gentlemen—there is in the window, "Apartments to be let furnished"—it is a house of ill fame—women may live there, for what I know.
MR. BALLANTINE. Q. How do you know that? A. The locker would have had them at the wharf—I know every paper he has—I have not searched to ascertain—when the chests are delivered the warrants are filed—they are delivered to us as a receipt for the delivery—the marks on the chests correspond with those on the warrants—the chests are marked "Young hyson"—my opening three chests would he a fare sample of the whole. GUILTY . Aged 35.— Confined Eighteen Months ,
GUILTY . Aged 23.— Judgment Respited.
NEW COURT.—Monday, November 23rd, 1846.
Fifth Jury, before Edward Bulloch, Esq,
GEORGE WEEDON . On a Thursday evening in Oct. the prisoner came about seven o'clock, to where I was at work at Mr. Turner's barn in a field at Holloway—about half an hour afterwards the prisoner, and I, and my master, went out together—when I got pretty near home the prisoner asked if I would come out—I said I should not—he then came to my lodging, and I went with him down the road by the church—he then left me, went into a field, and said he should catch me again—I went on along the road, and in about a quarter of an hour he came up, riding on a horse which I knew belonged to some person in St. John-street, Upper Holloway, but I did not know the person's name—there was a halter on the horse, but no harness—the prisoner said to me, "Come on"—Long was with me—we kept on walking, and the prisoner kept riding along the road—we got to a public-house, where the prisoner paid for two pints of beer—we then went on to Cow-cross, and there some man came and asked the prisoner whether the hone was for sale, and he said, "Yes"—I left them and went straight home.
GEORGE SHAW . I am foreman to Mr. Hatchelon, a horse-slaughterer. On Thursday evening, the 29th of Oct., I saw the prisoner in Cow-cross-street, between seven and eight o'clock—he had a horse with a halter on it—I questioned him whether the horse was for sale—he said, "Yes"—I asked what he wanted for it—he said 2l.—I found it was sound, and not fit for slaughtering—I asked if he knew any person in town that would be answerable for him—he said, "No"—I asked him to go to the station—he went and he told the inspector that he bought the horse at Barnet, but he had come from Royston—the inspector detained him and the horse—it was a black gelding about fifteen hands high.
JOB BUCKINGHAM . I am servant to Mr. Turner, a farmer, at Holloway. On Thursday, the 29th of Oct., I put the gelding into Mr. Turner's field, opposite his house, near the church at Holloway, on the right-hand side—I saw it safe about twenty minutes to six o'clock in the evening, in the field with another horse—the next morning I came across the field, and missed the gelding—I have seen it since—it was Mr. William Frankish's.
WILLIAM EDMUND READING (police-constable C 184.) I took the prisoner between seven and eight o'clock that night—Mr. Shaw told me the prisoner offered a horse for sale, and he had suspicion of it—I asked the prisoner
whose horse it was—he said his own, and he could account for it—he did not account for it.
Prisoner. I brought it out of the field; I had no thought of selling it; I asked this lad to come to town; Mr. Shaw stopped me on the road, and said I had prigged it; I had been drinking all day.
GUILTY . Aged 32.— Confined Six Months.
JOHN ADAMSON . I live at No. 13, John-street, Adelphi, and am a surgeon.—I took the prisoner into my service. On Monday, the 12th of Oct., I went out about twelve o'clock in the day, and left him in full charge of the premises—I returned in about an hour and a half, and found the door locked fast—I had to pay a person to get in at the window—when I got in the prisoner was gone—he had been in my service about ten weeks—I went to my bedroom where I had a press in the wall—I had the key of it in my pocket—I found the press locked as I had left it—I opened it, and examined my cash-box, which was on a shelf—I found that all the money that was in it was gone—ten sovereigns and a 5l. note—the cash-box had been folded in a piece of paper, and tied—the paper was off, and was broken open—it had no lock or key, but merely to drop the sovereigns into a hole at the top—the bottom of the cash-box was broken out—I am quite sure I had this money in the cash-box—I had seen it perhaps forty-eight hours before—when I took the prisoner he had no money—I gave him no wages, but told him I would take him on trial—I found him in St. James's Park—he made up to me, begging—I took him to the baker's shop, and gave him a loaf, and took him into my service out of pity—the money in the box was mine—there are two different presses in two rooms in my house, and the key of one will open the other—the key of the other was left at home concealed on a mantel-piece—when I came back the key was moved—when I missed the money I ran into the kitchen to see whether the prisoner had taken his own trunk, and it was gone—I did not see him again till he was in custody.
Prisoner, I told him the week before that I should leave him some day.
Witness. He had some slight quarrel with my wife, and said he should be obliged to run away, but I took it all for jest.
JONATHAN SUTTON . I am an inspector of police at Bath. On the 29th of Oct. I apprehended the prisoner in Bath—I asked him if his name was Henry Grant—he said it was—I asked him if he had been living in London—he said he had some time ago—I asked if he knew a gentleman named Adamson—he said, "No, I know no such gentleman"—I asked him if he was sure he had not been living as servant with Mr. Adamson—he said, "No"—I then said I was an inspector of police, and charged him with having robbed his master, Mr. Adamson, of ten sovereigns and a 8l. note—I took him to the station and read him the advertisement in the "Hue and Cry"—he then said, "I did live servant with him, but he did not give me any wages"—I found nothing on him, but I afterwards took from his person a new coat, a new black satin waistcoat, a new scarf, and a new pair of trowsers—he did not tell me why he left Mr. Adamson.
Prisoner. The box was in the same state when I saw it one day on the table in the room.
CHARLOTTE KEITH . I live in the same house as Mr. Adarason does. On the 12th of Oct., about two o'clock, I heard of this—about an hour and half before that I had seen a person leave the house with a large white box, like a trunk.
Prisoner, It was about a quarter before twelve when I left the house with an oak coloured box; I left the situation through not having wages; I did everything for him, even to wash his clothes and to wash the house; I had a few words with Mrs. Adam son, and said I should leave; the language he used to me and to his wife was disgusting; there were two persons in the room where this money was said to have been deposited on the Sunday; one was there from eleven to five o'clock, and one came while he was out, between five and six in the evening.
JOHN ADAMSON re-examined. Q. When was the last time you had seen the box? A. About forty-eight hours before—I did not examine it that morning—the money was safe long after those people left my house—they had not been there the day before—the press was always locked, and it was in the bedroom—there was no person admitted there at all.
JURY. Q. Did you put the money in all at one time? A. No, at three different times—I counted it when I put it in—I shook the box to know it was there—my wife could have access to the wall-press in my absence, and no other person besides the prisoner—but my wife was out.
GUILTY . Aged 21.— Confined Twelve Months.
GUILTY . Aged 20.— Confined Four Months.
(The prisoner received a good character.)
6. DANIEL WITHOFF was indicted for stealing 6 lbs. of solder, value 4s.; 4 lbs. of tin pipe, 2s.; the goods of John Christopher Christie and another, his masters; and that he had been before convicted of felony; to which he pleaded
GUILTY . Aged 50.— Confined Six Months.
GUILTY . Aged 47.— Confined Three Months.
SARAH SINDERBY . I carry on the business of a watch-maker and jeweller in Bull and Mouth-street—my mother is in partnership with me. Between two and three o'clock on the 15th of Oct. the prisoner came into my shop—he requested to look at a watch marked 4l. 10s.—he looked at it, and said something about the price—he then looked at one at 4l.—I put the 4l. 10s. one on one side—he then requested to look at that again, and I handed it to him—he opened the door and ran out with it.
Prisoner. Q. Have you any witness to prove that I am the person? A. No, but I am quite certain you are the person.
THOMAS LANCELIN (City police-constable, No. 618.) About half-past six o'clock in the evening on the 22nd of Oct. I was in Bishopsgate-street—I saw the prisoner—he was very drunk—he staggered up against me and said, "It is all through the d—d watch"—I said, "What do you mean?"—he said, "Have you not heard of the watch that was stolen by the Blue Coat School?"—I said, "Do you mean to say you stole that watch?"—he said, "Yes, I do"—I said. "What have you done with it?"—he said, "Pawned it"—I said, "Where?"—he said, "In Hackney-road, at Mr. Cotton's"—I went and ascertained that he had pawned a watch there, but it had been redeemed the day afterwards.
Prisoner. I was in a state of intoxication; I was not aware what I was saying or doing; I am a stranger in London. Witness, He was very drunk—I had to support him on my arm—I should consider he knew what he was doing.
GUILTY . Aged 25.— Confined Six Months.
THOMAS BOARD JAMES . I am cashier in the service of Mr. William White and another, wholesale warehousemen, in Cheapside. The prisoner was in their employ about four months—he had authority to receive money occasionally—it was his duty to enter it immediately into a waste-book, and to pass the money over to me—he had no authority to pay it to anybody else—his masters do not receive money at all, but whether he paid it or not he was to enter it in the waste-book—he did not pay me 12l. 11s. 6d. on the 10th of Oct., nor 14l. 10s. early in Nov.—I have the waste-book here—there is no entry whatever of those two sums—there are other entries by him about that time—here is one on the same date to another party.
Cross-examined by MR. PAYNE. Q. Who does the firm consist of? A. William White and Smith Green well—these were monies received for outstanding accounts—it was part of his duty to receive money occasionally—he assisted in keeping the ledger—Mr. Flint, our principal ledger-keeper, has told him in my hearing to attend to customers who came in, to take the money, and to enter it in this book—he had no instruction from any one else—I am not aware that he was ever sent to any person's house for money—Mr. Flint attends to the country-sold trade—the prisoner assisted Mr. Flint, and occasionally received money—Mr. Flint manages the country ledger, and Mr. Powell the town ledger—the prisoner was not authorized to receive that money—Mr. Powell is not here.
COURT. Q. Then the prisoner was not entitled to receive money in London? A. No—he was assistant-clerk to the country-sold ledger.
WILLIAM WATKINSON . I am an upholsterer, and live at No. 56, Bishopsgate-street. On the 4th of Nov. I saw the prisoner at Messrs. White and Greenwell's counting-house in Cheapside—I had received an accout from them—I told the prisoner it was incorrect, and showed it him—I paid 14l. 10s. for goods I had received from White and Greenwell's—I, paid it him for them—I sent my man there to pay some other money—he is not here.
GUILTY. Aged 22.—Recommended to mercy.— Confined Four Months.
GUILTY . Aged 35.— Confined One Month.
OLD COURT.—Tuesday, November 24th, 1846.
Second Jury, before Mr. Recorder,
JOHN DEATH . I am shopman to William Greedy Mott, of 55, Cheapside, in the parish of St. Mary-le-Bow. On Saturday afternoon, the 14th of Nor., I heard a violent knocking outside the shop window, which was of plate-glass—I ran out and saw the prisoner Gibbs just leaving the window—the prisoner Ireland at that moment had his left hand in the window—I seized him, looked towards Gibbs, and saw him being stopped by two gentlemen—then he dashed this gold watch from his band violently on the stones—he was taken in custody by some gentlemen—I saw no more of him at that moment, but several persons were scrambling to pick the watch up—I held Ireland some time, and then my next door neighbour took him into his shop, and a gentleman picked up a third watch from the iron gutter, across the footpath, just beyond the window which was broken, and over which Ireland had been standing while I held him—the second watch had been picked up in the scramble—it was thrown down by Gibbs—I did not see that watch pass from Gibbs's hand, but I did the first—and the third was in the gutter—all three are the property of Mr. Mott, and had been in the window by the pane of glass, which I found a large hole in sufficient to put an arm through.
Gibbs. Q. By what do you swear to me? A. Because I was in the street, and saw you throw the watch away—I had seen the prisoners at the window, and nobody else.
EDWARD WALLSGROVE (City police-constable, No. 15.) On the 14th of Nov., about a quarter to four o'clock, I was on duty about twenty yards from Mr. Mott's shop—I saw a crowd, went to the spot, and found one prisoner in one shop and one in another—I stopped to protect the hole in the glass, and then received the prisoners in charge—Gibbs's right hand was bleeding, and cut in two small places by the knuckle, as if cut by glass.
Gibbs. I fell down about two hours before and cut my hand. Witness. I did not notice whether it was likely to be cut with glass or by gravel stones.
Gibbs. Q. How can you prove I broke the glass? A. I saw a hand and arm with a white sleeve through the glass—I went out and saw you pass from the window—you had a white dress on.
Gibbs' Defence, I was on the footpath; two ragged boys that were coming along, and had broken the glass, threw the watch on the ground; some gentlemen collared me.
Ireland's Defence. I did not take the watch.
GIBBS— GUILTY . Aged 20.
IRELAND— GUILTY . Aged 30.
Confined Eighteen Months.
12. JOHN DWYER was indicted for stealing 1 wooden bowl, value 1.; 1 piece of coin, resembling a half-crown, value 1d., 5 half-crowns, 2 shillings, 1 sixpence, and 2 groats, the property of William Burge; and that he bad previously been convicted of felony.
ELIZABETH BURGE . My brother William is a painter, and lives at Carlisle-street, Lisson-grove. On the 6th of Nov., a little after seven o'clock at night, I was in the parlour behind the shop, and saw William Norris come into the shop, and shut the door—the prisoner was coming round the counter with the bowl in his hand—I came into the shop and asked what brought him there—he put it down on the floor—I found the till drawn out, and the bowl taken from it—I had seen it safe in the till five minutes before, and the money in it, and some half-crowns—I sent for a constable.
Prisoner. I never had it in my hand—I went in for 1d. worth of bread. Witness. I am certain he had, I saw him put it down—he was behind the counter.
WILLIAM NORRIS . I was in my son's shop in Richmond-street, at a little after seven o'clock, and received information, which made me go over to Burge's shop—I shut the door after me, and saw the prisoner come from behind the counter—I laid hold of him—he had no shoes on his feet, and could not make a noise—I saw Burge take up the bowl with the money in it—I did not see the bowl in the prisoner's hand myself, she had a better view of him than I had—I asked the prisoner what he wanted behind the counter—he said he came for a penny loaf—he had a halfpenny in his hand.
GARRETT STACK (police-constable F 161.) I noticed a crowd at the shop, found the prisoner there, and took him in charge—I asked him what brought him there—he said he wanted to buy a roll—he had no shoes on—I asked when he had worn his shoes—he said in the morning—his stockings were perfectly dry—there were five half-crowns, two shillings, a sixpence, two fourpenny-pieces, and a counterfeit half-crown in the bowl—at the station a knock came to the door, and a pair of boots were brought, which were put on the prisoner—when going before the Magistrate, he kicked me several times, and tried to escape.
Prisoner's Defence A boy who was sweeping the crossing sent me for the bread; I got him to mind my boots.
WILLIAM GLASSCOCK (police-constable T 22.) I produce a certificate of the prisoner's former conviction, from Clerkenwell—(read, Convicte, April 1845, and confined three months)—I was present at the trial—he is the person.
GUILTY . Aged 13.— Confined Three Months and Whipped
FRANCIS WILLIAM MEDLEY . I am a stock-broker. On the 9th of Nov., from half-past three to four o'clock in the afternoon, I was going down Ludgate-hill with my friend Mr. Sutton, and we were hustled in a mob—I noticed the prisoner in the crowd—there was a great number of them, and he was pressed by the crowd next to mer-a girl on my left side called out that her arm was broken, which naturally made me shrink from her, and the moment I did so I felt the prisoner put his hand into my pocket, and draw my watch out—I seized him to get hold of my watch, which was in his hand, but he passed it to another, and I saw it pass to another—I collared him, and they tried to get him away—he tried to bite me while I held him—I suppose a dozen of them pressed me and tried to separate me from my friend—as I called out for the police the mob drowned my voice, they would not let me be heard—it was some minutes before I could get a policeman up to me—they were not far from me, but the crowd would not let them come—a policeman in plain clothes came—I refused to give him to him—two other policemen came, but the mob would not let them come near me till they produced
their staves—they then came and took him from me—it was a goldwatch, chain, and seals—they cost me seventy guineas—no young woman had her arm broken—I have no doubt that it was all a scheme.
Cross-examined by MR. ROBINSON. Q. Did you ascertain that distinctly? A. No, I heard nothing more about the broken arm—Lord Mayor's show had not passed, people were waiting to see it—I was walking on the pavement—there was a very great crowd—this was a crowd made on purpose—they first allowed us to proceed down the road, and then prevented our getting back—I believe the number of my watch was 640—Mr. Cumming was the maker—I put no advertisement in the paper—I had given authority to my solicitors, Messrs. Vallance and Co., to put an advertisement in the news-paper for the recovery of what I had lost—I did not see it before I read it in the paper—it was correct except the word "lost," which they adopted—I was arm-in-arm with my friend—one was as near to the wall as the other, for we could not walk along—we were stationary—we were stopped from going on for several minutes on account of the crowd surrounding us—we were pressed on all sides—my friend was on my left, the woman was on my left, rather before us, on his left—the prisoner stood on my right—my watch was in my trowser's fob—it had no guard to it—my attention was attracted to the young lady with the broken arm—I have mentioned that before, but do not know whether it is in my deposition—the prisoner was pressed next to me by the crowd—I will not take upon myself to say I saw the watch absolutely in his hand—I felt it leaving my pocket, for it was a very large one* and as he took it underneath, I snatched at it—should hardly like to swear I saw it in his hand, but I felt his hand, and saw him pass it from me—I saw his pass his hand along, and another snatched it underneath as he passed it behind—I did not see his hand in my pocket—there was very great pressure—his hand was underneath my coat when I seized it—it was the coat which I have on now.
COURT. Q. Did you see his hand when you seized it? A. I did not seize his hand—I made an attempt to do so—I seized him by the collar—I held him about four minutes—I did not see the watch at all—I saw it passed from one to another—I saw the motion of its going from the prisoner to some one else, and handed over to a third—I called out, "That man has now got my watch,' thinking somebody might assist me, but they were all in league—I raised myself up as high as I could, to see all I could—I was holding the prisoner by the collar, which gave me an opportunity of being higher up than he was—I was almost carried off my feet—I believe I was as calm as I could be under the circumstances.
ROBERT SUTTON . I am a stock-broker, and belong to the Royal Exchange. On the 9th of Nov. I and Mr. Medley were walking out of the City together—I heard him exclaim that he had lost his watch—we found ourselves surrounded—we could not get back or forward—I saw the watch in the hands of the prisoner—it was apparently a gold one—I immediately seized him—I saw another person take the watch out of his hand, while I had hold of him, and pass it into the crowd.
Cross-examined. Q. What was Mr. Medley doing all this time? A. Assisting me—when he called out we were standing together arm-in-arm—I think he was nearest the wall, but we were so hustled about, backwards and forwards, that I can hardly tell—the prisoner was immediately between us—we shifted about so that I cannot say whether he was before me or Mr. Medley—the instant Mr. Medley called out, I seized him, and never let go of him—I do not know whether Mr. Medley let go of him—I saw no young lady there, who complained of being hurt, but I am deaf—if there were ladies there, they were very likely to complain, for my back was blue—I
was swung round like a top—I do not know who was on my right or left—the prisoner had the watch in his hand after I seized him.
GUILTY . Aged 50.— Transported for Ten Years.
14. JAMES BURRELL and JOHN BURRELL were indicted for stealing 1 mare, value 5l.; and 1 gelding, 7l.; the property of John Norriss; and that James Burrell had been before convicted of felony; to which JAMES BURRELL pleaded GUILTY . Aged 21.— Transported for Ten Years.
HENRY CHILD . On the 28th of Oct., about ten o'clock in the morning, I saw the horses safe in my ground—I went to Hendon in the afternoon, to a sale—I saw the prisoner James there, but do not know whether I saw John—after John was taken in charge, I accused him of being at the sale—he said he was not, that he slept at his aunt's, at Watford.
THOMAS RICHARD CROSS . I am in partnership with Richard Cross, and have a slaughter-house at Maiden-lane. The prisoner James brought a horse to me for sale—he then went out and brought in the prisoner John, who led in a chesnnt horse, which was sold to a man by James in my presence—John did not take any part in the sale, and did not seem to know anything about it—James was very drunk after he had sold the horses, and I shut both prisonersin a stable about half-past twelve o'clock on Wednesday night—John wasvery restless—I went to the place and made him lay down again—he wishedto go, but did not go until between three and four o'clock in the morning, when I got up to go to Kingston—both went away then—he did not sleepat his uncle's that night, he slept in the stable.
EDWARD KELL (police-constable.) I took the prisoner James, and I was with the constable when John was taken—I told John he was charged on suspicion of stealing two horses from Mr. Child's field on Wednesday afternoon or evening—he said, "Oh! d—n the horses—I know nothing about them—I slept at Watford on Wednesday night, at my uncle's"—the horses were stolen on Wednesday evening.
JOHN BURRELL— NOT GUILTY .
THOMAS GLASSPOLE . I am assistant to Edward Martin and Henry Martin, woollen-drapers, High-street, St. Botolph, Aldgate. I believe the roll of cloth now produced to be theirs—it is very much like the cloth I put at the door early in the morning of the 13th of Nov., and the ticket produced I know was on that cloth when I put it at the door—the cloth corresponds in appearance, quantity, and quality, and is worth 7l. or 8l.—I placed it in the lobby of the door—I had gone out about three o'clock, and believe it was at the door then—it was missed about five o'clock.
Cross-examined by MR. MELLOR. Q. When did you miss it? A. When I returned home the apprentice said it was lost.
GEORGE BALL (police-constable JET 121.) About four o'clock in the afternoon, on the 13th of Nov., I was on duty in Petticoat-lane—the prisoner passed me with this roll of cloth under his arm, wrapped in a great coat—I
took it from him, and asked where he got it—he said he had picked it up in Gulston-street, Whitechapel—it was rather a dull day—it did not appear to have been on the ground—he said at the station that he saw another man drop it who had it, and he took it up—the inspector asked him if the coat belonged to him—he said no, it was folded round the cloth when he picked it up—I put the coat on him, and it fitted as if it was made to measure—this small ticket was pinned to the inner end of the cloth.
Cross-examined. Q. Did not he say another man gave it him to carry? A. No.
ISAAC JOEL . On the 13th of Nov. I was coming along, and saw the prisoner and another in company—the prisoner had this cloth, coming from Gulston-street into Bell-lane—the other man took a large shop-ticket off the cloth, which had the price marked on it, and threw it away—I saw the prisoner give the cloth to the other man, who held it while the prisoner took off his coat and wrapped round the cloth—he then received it back Again, and when the officer was in sight the other ran away.
Cross-examined. Q. When did you give information? A. I told the officer immediately he took him—I went to the office, but they said it was not necessary to have my evidence.
GUILTY . Aged 33.— Confined Nine Months.
NEW COURT.—Tuesday, November 24th, 1846.
Sixth Jury, before Mr. Common Sergeant,
GUILTY . Aged 22.— Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
HANNAH KEMP . I am the wife of Robert Kemp, tobacconist, Napier-street, Hoxton. On the 15th of Oct., between five and six o'clock in the evening, the prisoner came for two cigars, which came to 3rf.—he threw down a crown piece—I did not know it was bad—I gave him 4s. 9d. change—he went away—I put the crown into the till—there was no other there, I am certain—in about half an hour I took it out of the till—I found there was no other crown in the till—I took it to a public-house in the neighbourhood, and I gave it to Ellen Kettle—she gave me change for it—a crown piece was afterwards brought back to me by Ashton—my husband was then at home—he looked at it, discovered it was bad, and nailed it on the counter—it remained there till the 23rd, when the officer came—my husband unnailed it and gave it to the policeman.
Cross-examined by MR. PARRY. Q. You say this man came to you with this crown? A. Yes—I had seen him in the morning of the same day—he came for half an ounce of tobacco—I never saw him before that day to my knowledge—a good many persons come to our shop
MR. BODKIN. Q. What did what he bought in the morning come to? A. 1 3/4 d.—he gave me 1s.—I saw him at the station—no one pointed him out to me—I knew him immediately.
Shaftesbury Arms. I gave Mrs. Kemp change for a crown, which I put into a bowl with some other silver—there was no other crown there, nor had there been one during the day I am positive—after Mrs. Kemp was gone I examined the crown—I sent it back by Ashton.
Cross-examined. Q. You put it in the bowl of silver? A. Yes, on a table inside the bar—half an hour might have elapsed before I gave it to Ashton—I did not keep my eyes on it all the time.
Q. Had you examined it before you put it in? A. No—Mr. Morgan takes money across the bar as well as me—he is not here.
MR. BODKIN. Q. When you took the crown piece you put it into the bowl on the table inside the bar? A. Yes—no person could get at it from outside the bar—Mr. Morgan and myself were in the bar, and the bowl stood behind—I took the crown out of the bowl myself—I found it where I had placed it.
COURT. Q. Was your eye so upon the bowl that no one could have gone there? A. No—Mr. Morgan might have gone to that bowl without my seeing him.
MR. BODKIN. Q. You put the crown into the bowl? A. Yes—at the time I put it into the bowl Mr. Morgan was in the bar, and he was there when I took it out—my sister was about in the bar, but she had not meddled with the silver—Mr. Morgan nor anybody had interfered with that silver—no one touched the silver, though they might have done it.
Q. How do you know they had not touched it? A. They told me they had not.
GEORGE HENRT SMITH . I am a grocer, and live in Hoxton New-town, 100 yards or 200 from the Shaftesbury Arms. On the 17th of Oct. the prisoner came to my shop, between six and seven o'clock in the evening—he asked for a quarter of a pound of coffee, which came to 3d.—he paid me with a crown piece—I examined it, and found it was bad—I asked where he got it—he said, from his master, and he would fetch him if I would let him—I bad taken the coffee from him, and went round the counter to look for a policeman, but did not find one, and permitted the prisoner to go—I put the bad crown in a desk on the counter, and let it remain there till the policeman came on duty—I had kept it separate from all other money—I gave it to Knight, the policeman—the prisoner never returned.
HENRY O'BRIEN . I am servant at Mr. Staines's cook-shop, in Plummer-street, City-road. On Friday, the 23rd of Oct., at twenty minutes before eight o'clock in the evening, the prisoner came for a pennyworth of pudding—he tendered me a bad shilling—I told him it was bad—he said it was not, and he would go and fetch his brother, who was outside—I went out, and there was no person there—the prisoner then said he was over the way, and he would fetch him—I said there was no occasion for that—I took him back, and sent for a policemen—the prisoner did not produce any other money—I gave Martin the same shilling which I took from the prisoner.
crown pieces are both counterfeit—I cannot say whether they are of the same mould—this shilling is also counterfeit.
(The prisoner received a good character.)
GUILTY . Aged 19.— Confined Three Months.
MESSRS. BODKIN and BOANE conducted the Prosecution.
HARRIET HARTLEY . I am the wife of Job Hartley—we keep a coffee-house at Knightsbridge. On the 4th of Nov. the prisoner came for some beef—it came to 3d.—she gave me a half-crown—I looked at it—I told her I thought it was not good—she said, oh, yes, it was, she had just had it for washing—she said she had no other money—I had nobody to show it to—I thought I might be mistaken, and gave her 2s. 3d. change, and she left the shop—I marked the half-crown with my teeth, and placed it on the shelf behind the counter, by itself—next day, which was Thursday, she came again for two pennyworth of beef—she gave me a shilling—in consequence of what my husband said, I gave her change, and she left—my husband looked at the shilling and half-crown after the prisoner was gone, and in consequence of what he said I went after the prisoner, and tóld her she must come back with me, she had given me bad money—she said, "No, it was good," and said she would not go back till she was forced—she then struck me—I held her till the officer came, and gave her into custody.
JOB HARTLEY . I am the husband of Harriet Hartley—I received the half-crown and shilling from my wife, and gave them to the policeman—I was in the shop when the prisoner passed the shilling—she was brought back in custody.
THOMAS DANIELS (police-constable 5 201.) I took the prisoner on the 5th of Nov.—I received this shilling and half-crown from Mr. Hartley—as the prisoner was going to the station she cried very much, and asked what I thought they would do to her—I said I did not know—she said she received the shilling from some person at Westminster.
Prisoner. I did not know it was a bad shilling; I received it from an omnibus-conductor at Gracechurch-street.
GUILTY . Aged 30.— Confined Six Months.
MESSRS. BODKIN and DOANE conducted the Prosecution,
GEORGE HOLLAND . I am shopman to my brother Edward, a cheesemonger, in Drury-lane. On the 18th of Nov. the prisoner came to the shop—I think she asked for two ounces of butter—she gave me a shilling and I gave her change—I thought the shilling was bad, and I pot it into the till by a sixpence, which was all the money there was in the till—my brother soon afterwards came into the shop—he went to the till and saw the shilling—in conesquence of what I said, he put the shilling in a piece of paper and locked it up in a cash-box—I went out the next day, and when I returned in the evening I found the prisoner in the shop in custody.
Prisoner. Q. Did you not say you had taken a great deal of bad money, and that there were two bad shillings in the till at the time? A. No, I had not two bad shillings wrapped in paper which I gave the policeman.
Prisoner. I went the next day for butter; you never said that I gave you any bad money. Witness. She came the first thing in the morning with some coppers, and then afterwards with a bad half-crown.
EDWARD HOLLAND . I am the brother of George Holland. On the 18th of Nov. I looked at a shilling which he had put in the till—I asked him to mark it, and I put it in a piece of paper by itself—I afterwards gave the same shilling to the policeman—on the 19th of Nov. the prisoner came to the shop again in the evening for half a pound of sevenpenny rashers—she gave me a half-crown—noticed it was bad—I told her so—she said, "Is it?"—there was a policeman passing—I called him—he took her, and I gave him the half-crown.
Prisoner. Q. Did you not give him the shilling at the time you gave him the half-crown? A. Yes—the shilling was in the paper.
Prisoner. I was up at Kilburn and had onions to sell; a lady gave me the half-crown; I gave her sixpence out.
JAMES MEYJCR (police-constable T 151.) I was called in on the 19th of Nov. to take the prisoner—I received this half-crown from Edward Holland—I asked the prisoner where she got it—she said she sold two ropes of onions, and a woman gave her the half-crown, and she gave her sixpence—I found 1 1/2 d. on the prisoner—Mr. Edward Holland gave me the shilling from a piece of paper, saying it was what she had given his brother.
GUILTY . Aged 19.— Confined Six Months.
DAVID LLEWELLYN . I was at Cobham, in Surrey—this letter (looking at it) is not my writing—it is the prisoner's writing—I have seen his handwriting before—I did not send him with this letter—I know nothing about it.
Prisoner. Q. Are you well acquainted with my writing? A., I have seen two letters that you wrote, one at the station-house to your brother, and one other—I did not see you write them.
SARAH M'KEE . I am the wife of Hugh Patterson M'Kee. On the 17th of Oct., the prisoner came to me and produced this letter—(letter read)—"Dear Mrs. M'Kee—I am in very great want of a few shillings to pay a fine inflicted on me for an assault. I have sent a friend with this note, and hope you will lend me 3s. or 4s. I will return them to you this evening with many thanks. Please get my bed ready this evening.—D. LLEWELLYN."—I know Mr. Llewellyn, and on the belief that this letter came from him I gave the prisoner the two half-crowns—I should not have given them to him if I had not believed it came from him.
Prisoner. Q. Are you positive I am the person? A. No, I cannot say positively that I should know the person—I did not take particular notice.
COURT. Q. Do you believe he is the person? A. I have a doubt OD my mind.
Prisoner. Q. By what do you know me? A. By your figure, and by your face as well.
Prisoner's Defence. I have to remark on the uncertainty of the evidence of David Llewellyn; the only circumstance by which he swears to my writing is, by comparing it with two others; it would have been impossible for me to have done it without I was in the habit of intimacy with the prosecutor and his circumstances; I am not acquainted with them at all; this is a very malicious prosecution; Mr. Llewellyn holds very ill feelings to me, and has done this to get me in very great trouble.
GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 16.— Confined Three Months.
THOMAS BERRY . I am an agent, and live in the Minories. I took my children on the 5th of Nov. to Tower Hill, to see the fire-works—I had a pipe—I placed it in my pocket after I had been on the hill some minutes—I then felt a hand drawn from my pocket—I turned, and my pipe was gone—I saw one person looking me full in the face, and the prisoner was walking away—I collared the prisoner—he produced the pipe immediately, and I gave him in charge—he acknowledged that he had just had it given him—this is the pipe—it is silver mounted.
Cross-examined by MR. DOANE. Q. It is a very nice pipe? A. A man fond of smoking would think so—it might be called "a meerschaum"—there was a man nearer to me than the prisoner.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy.— Confined One Month.
JOSEPH DALTON (City police-constable, No. 366.) About half-past four o'clock on the afternoon of the 3rd of Nov. I was standing at a picture-shop at the corner of Lawrence-lane, Cheapside—there were a lot of people there—I saw Servant come up and put his hand in a person's pocket—he did not take anything—he then tried the prosecutor's pocket, took this handkerchief, and gave it to Nash, who was covering him close up, and was coming away with it when I collared him and said, "You have got the gentleman's handkerchief"—I tapped the gentleman on the shoulder, and said, "Your pocket is picked"—Nash took the handkerchief from his pocket and threw it on the ground—Servant was still looking in at the window—I went across and took him.
Cross-examined by MR. HORRY. Q. There is constantly a mob about that shop? A. Yes—Nash was walking away—he had turned to go into cheapside—he had made eight or nine steps—there were from fifteen to twenty persons there.
COURT. Q. Is it possible you may be mistaken? A. No, I saw it plainly—I saw Servant commence at the top, and try two or three pockets—I never saw a clearer case in my life.
SERVANT— NOT GUILTY .
NASH— GUILTY . Aged 38.— Confined Three Months.
between three and four o'clock, for a minute, while a "Guy Fawkes" was passing—I had a purse in my pocket, with 6 shillings, half-a-crown, and four sixpences in it, as near as I can tell—I felt the prisoner's hand in my pocket, and I touched his hand as he drew it from my pocket—he got away—I pursued him in the crowd—I lost my purse and money, and he got away.
Cross-examined by MR. HORRY. Q. How long was it before you saw him again? A. On the 9th of Nov.
GUILTY.* Aged 15.— Confined One Year.
(There was another indictment against the prisoner.)
RICHARD BECKETT . I am in the service of Mr. Shands, in Ship Tavern-passage, Leadenhall-market. On the 18th of Nov., about one o'clock in the afternoon, I saw the prisoner pass by about three times, and a little before three o'clock she passed again—I saw her take the bacon from Mr. Batten's board and put it under her shawl—I followed, and about two doors from the shop I took her, and found the bacon on her.
Prisoner. I picked it up. Witness. I am sure I saw her take it off the shop-board.
WILLIAM BATTEN . I am a cheesemonger, and live in Ship Tavern-passage, Leadenhall-market—I have one partner—I had these Bath chaps on my board—it is bacon—Mr. Beckett brought the prisoner back with it—I am sure it is ours.
GUILTY . Aged 42.— Confined Two Months.
THOMAS NORTON . I live in High Holborn—I am a confectioner—Mr. Saunders resides at the corner of Southampton-street. On Friday, the 25th of Sept., I went to his shop about eleven o'clock, by desire of Mr. Hooper, a friend of Mr. Saunders's—I saw the prisoner in the shop, and purchased of him two ornamental flower-glasses—I paid him 1l. 4s. for them, and took them away—the prisoner was the party I paid the money to—on Monday, the 28th of Sept., I went again—I saw the prisoner again, and then purchased one glass—I paid him 1l. 5s. for it—I gave him a sovereign and five shillings, and took the glass away—I am quite sure he is the party.
FRANCIS ROBERT DREW . I reside in Albert-street, St. John's Wood. On the 26th of Sept. I went to Mr. Saunders's shop, and purchased a pair of china candlesticks from the prisoner—I paid him one guinea in half-crowns and shillings—I took the candlesticks away—I am quite certain he is the person I paid the money to.
GEORGE BOWDEN SAUNDERS . I am the proprietor of a china warehouse at the corner of Southampton-buildings, Holborn. The prisoner has been in my employ for between three or four years—it was part of his duty to serve goods in the shop and receive money for them—he was so employed on Friday the 25th, Saturday the 26th, and Monday the 28th of Sept.—he accounted on those days for petty cash, for articles that he might sell for ready money—it was his duty to enter the amounts in this book—the entries here are his writing—here are the entries of Friday, which are 8d.,1s., 6s. 6d., and 5s. 4d., making 13s. 6d.; on Saturday, 16s. 6d., 2s. 6d., and 4s. 6d., making 23s. 6d.; and on Monday, 2 1/2 d., 4d., and 4s. 3 1/2 d.—he did not account to me
in any way for 1l. 4s. for two flower-glasses sold on Friday, for 1l. 1s., for candlesticks on Saturday, or 1l. 5s. for one flower-glass on Monday—he has never accounted for any such sums—it was part of his duty to keep this daily sheet—here are columns with the names of persons over them—these are the names of persons who sold in my shop—it was their duty to account to the prisoner for what they sold for ready money—here is his own entry for his own sales here—the sales correspond with the entries in the book on the Friday, Saturday, and Monday—there is no such sum in any of these columns as 24s., 21s., or 25s., on any of these three days—this other book is a sundry book, where it was the prisoner's duty to enter the articles he sold—there is no entry in it on the Friday, Saturday, or Monday, of the articles which have been spoken of—it was by direction of Mr. Hooper that those gentlemen went to purchase those articles—it was the prisoner's duty to account to Mr. Hoyle at night for the articles sold for ready money each day—on the Monday I gave Mr. Hoyle directions with respect to settling with the prisoner—I am not sure that Mr. Hoyle showed me the book on Friday and Saturday, but he said the settlement was correct—on Monday I saw the book, and in consequence of what I there observed, on Monday evening, after the prisoner had left, I accompanied the policeman to the prisoner's' lodging—I think we waited till half-past ten o'clock—the prisoner came home then, and I said, "Keene, I have a strong suspicion you have been embezzling my money"—he said he should prove to the contrary, or something to that effect—the policeman took him into custody, and on the way to the station I asked whether he had sold a flower-glass that day—he said no, he had not, but afterwards he said he had.
Cross-examined by MR. CLARKSON. Q. Why did you not tell all this to the Magistrate? A. I was not asked—I have a dozen or thirteen persons in my employ—there is a ledger kept and a day-book—I do not know that there is a book kept entirely by the principal posting clerk—he is not the only person that makes the entry—there is a day-book in which the collecting clerk makes entries—I do not know whether he is the person who keeps it or not—there is a little book kept by the prisoner—the men have nothing to do with the books, only to sign their names—there is one kept by Hoyle, one by myself, one by Fisk the collecting clerk—there is one now kept by Morris, but it was not entirely kept by Morris then—Scott was in my service before the prisoner—there was a dissolution of partnership on account of the dangerous illness of a brother—the cashier then left, and I asked the prisoner to fill the situation—I have no recollection of having promised him that I would get another as soon as possible—I anticipated getting another—the prisoner has not repeatedly stated that he could not undertake to carry on both the businesses—it has never, to my knowledge, been the practice of men in my employ to retain the money till they recollected whom they received it of—I am not aware that it has ever occurred with Fisk—if it had I should not have approved of it—Hoyle has had money over—I am not aware that that has arisen from my giving them so much to do—I have two shops—I never knew the prisoner to hand to Fisk monies that he could not account for, at the end of the day or the week—I know the prisoner has received money from people whose names he has forgotten, and he has retained them—I have reproved him, and told him to enter them as from persons whose names are not known—on the 27th of Aug. I was informed he had money in his possession, and did not know from whom he had received it—I think I had that information from Hoyle—the amount was 13s.—the prisoner was always remarkably correct as I thought, in the ready money accounts—there
will sometimes be a mistake—if a man were unable to show the account received by reason of a failure in his memorandum it would of course be so in his sheet, without he committed forgery.
Q. Do you remember an occurrence in which Fisk was 42s. plus, and did not know how he received it, and at length a bill was brought in with a receipt of his on it for 42s., by which it was made right? A. I have no recollection of it—it was not mentioned to me—it would have been the duty of any one to have told me, but Fisk or Hoyle might have been unwilling to mention it—they might have been reproved for their negligence—the same unwillingness might have occurred here.
WILLIAM HOTLE . I am clerk to Mr. Saunders. This is the sheet of Friday, the 25th of Sept.—I settled that day's receipts with the prisoner on Friday evening—I have a book in which I enter what he receives—he paid me all the money entered on the sheet—he did not pay me, or say anything about 24s. paid for two flower-glasses—I settled with him in like manner on the Saturday—he did not say anything about selling two candlesticks for 21s., or account for that money in any way—on Monday I settled with him again—he did not, on that occasion, say anything of having sold a flower-glass for 25s. nor account for that money—he brought his account—I balanced it, and asked him if he had any more money—he said, "No"—I showed him the other book which refers to the ledger accounts, and asked if he had any money on that account—he said, "No."
Cross-examined. Q. I suppose you had a full recollection of that conversation when you were before the Magistrate? A., I had—I do not know that I have made any particular blunders—I am not infallible—I have not found my accounts wrong—I never found that I could not make my accounts square with my money—I have had money, and could not recollect from whom I received it, and have given it to Mr. Saunders as money received from persons unknown—he gave instructions that no money should be kept over—that was in Aug.—that was on account of a blunder of the prisoner—I have not known that to occur in the accounts of other persons who have received money, and who keep books and sheets—it did not occur to Fisk more than once—I knew from Fisk that he received as much as two guineas on one occasion, and could not make out the person who gave it him—I do not know how long he retained the money—I told my master that he had got 42s., and could not account for it, and retained the money.
MR. BURNABY. I am clerk at Bow-street office. I was present at the prisoner's examination—when this examination was taken—(read—the prisoner, after being cautioned, said, "I never did such a thing before")—he was asked if he would sign that statement—and he said, "Yes."
(The prisoner received a good character.)
GUILTY.—Recommended to mercy by the Jury.— Confined Nine Months.
(There was another indictment against the prisoner.)
GUILTY . Aged 27.— Confined Three Months
GUILTY. Aged 18.— Judgment Respited.
GUILTY .— Confined Three Months ,
GUILTY .— Confined Three Months.
31. JFOSEPH WILLIAMS was indicted for stealing 8 forks, value 7l.; 1 milk-jug, 1l.; 2 small ladles, 30s.; 1 soap-ladle, 3l.; 1 butter-knife, 10s.; 1 fish-slice, 2l.; 1 mustard-pot, 2l. 10s.; 1 watch, 6l.; 1 salad-fork, 2l.; and 1 wine-strainer, 2l.; the goods of Joshua Dorset Joseph Mayhew, in his dwelling-house.
JOSHUA DORSET JOSEPH MAYHEW . I reside at No. 16, Fitzroy-square. In the beginning of June the prisoner came to me as a servant, in conesquence of an advertisement—he stated he had lived at Bath—I said I never took a person who lived in the country, as I could only have a written character, and I should like to see the principal—he said he thought Mr. or Mrs. Campbell, with whom he had lived, would be in town, and I could see them—he came a second time, and said Mrs. Campbell would be in London—that Mr. Campbell lived in Pulteny-street, Bath, and owing to some railway speculations he had failed, and was about to break up his establishment, but Mrs. Campbell would come to take lodgings he thought, and he said she resided at No. 26, Nottingham-place—on the Wednesday following my daughter went—she said she had seen Mrs. Campbell, who was very much the lady, and she gave this man a very excellent character—the prisoner told me he had been hired as a footman to Mr. Campbell, and-having lived there eighteen months, and the butler going away, he was elevated to the place of butler, that the whole of the plate and the cellar was placed under his care; Mrs. Campbell corroborated what he had said, and wished me to take him—he came on the 11th of June—on the 12th we had some friends to dinner—that was the first time of his waiting on us, but it was so bad that I could not but complain to my daughter—I said, "This man is not in the habit of attending on company, or waiting at table"—it being my habit to have the plate brought up to my bed-room at night, he brought it up, and said, "My manner of waiting has been rather indifferent, Sir, but your place was strange to me"—I said he had just anticipated what I was going to say—the next morning he came up for the basket of plate—I let him have it, and I thought he was going to clean it—I have missed it, and it has never been found—the last I saw of the plate was on the Friday—on the Friday night he professed to bring it up—he brought the basket, and there was plate in it I know—the prisoner is the man who hired himself to me—I have not the slightest doubt of it
MARY BARBER . I was in the prosecutor's service. On the 11th of June the prisoner came into his service—I have not the least doubt be is the person—he went by the name of John Brown—I saw him bring the plate-basket down on the Saturday morning—I could not see what was in it—he went out, and staid about twenty minutes or half an hour—between eleven and twelve o'clock I saw him in the pantry, cleaning the plate—about one he went out with a note for Miss Mayhew, and never came back—the plate was missed about a quarter before two—he told me he was going to take the note, and he asked me what time luncheon would be ready—I have not the least doubt he is the person—no one else could have come in without my letting them in.
ANN COLLISON . I am in Mr. Mayhew's service. I remember his having the prisoner as footman in June—I saw Miss Mayhew count the plate to him—there were the articles mentioned—the fish-slice, the large forks, the small forks, the jug, and other things—the prisoner had the charge of it—I washed it on the Friday after dinner, and gave it to the prisoner—he left the next day between one and two o'clock.
Prisoner's Defence, They have made an entire mistake in the person; I never lived in the square, and never knew the place.
GUILTY . Aged 25.
MART STEPHENSON . I am single, and live in the Commercial-road, Lambeth—I let apartments weekly. On the 28th of Sept. the prisoner came to take my apartments—I have no doubt whatever that he is the person—he gave the name of Mr. Davies—he was there about ten minutes—he asked for a piece of paper, and I went into the kitchen to fetch it—as soon as he was gone I missed a silver watch—I had seen it when he went into the room—no one else had been into the room—there was no one in the house but me—no one could have taken it but him.
Prisoner's Defence. It is entirely false.
GUILTY . Aged 25.— Transported for Seven Years.
OLD COURT.—Wednesday, November 25, 1846.
Third Jury, before Mr. Justice Coltman.
33. HENRY HITCHCOCK alias Barrattt alias Jones , was indicted for feloniously forging and uttering a certain transfer in the Three-and-a-half percent Annuities, standing in the names of George Edwards, and Sarah, his wife, with intent to defraud the Governor and Company of the Bank of England.—Other COUNTS, varying the manner of stating the charge.
MR. CLARKSON with SIR JOHN BAILEY conducted the Prosecution. ABEL CLIFTON. I am one of the principal clerks in the Long Annuity Transfer-office at the Bank of England. I produce the ledger and transfer-book, in which is an entry of stock standing in the name of George Edwards, and Sarah, his wife—(reads, "George Edwards, and Sarah, his wife, of Ebury-street, Pimlico, 3l. 10s. per annum")—that was standing in those names on the 5th of Jan., 1842—it is stock which is transferable at the Bank of England—this is the entry in the transfer-book—(read, "I, George Edwards, of Ebury-street, Pimlico, gentleman, this 5th day of Jan., 1842, do assign and transfer 3l. 10s., standing in the name of myself, and Sarah, my wife, being all our joint interest in the said stock, &c, to Clement Smith, of the Stock Exchange, his executors, &c.—Witness my name—GEORGE EDWARDS—Witness to the identity of George Edwards, Thomas Compton")—these initials, S. S. L., in the book, were placed there after the transfer was made.
Cross-examined by MR. PRENDERGAST. Q. Here is 1660 and 853, that is put after it is done, is it not? A. It is entered at the time—it is merely a reference to the ledger, and no part of the transfer—the figures are put at
the time of the transfer—the Initials are put afterwards—the transfer is entered before he signs it—this 2276 was entered afterwards—it is generally done after the transfer is signed—this, "Entered by A. Clifton," is done before he signs it—all is done previous to the signature, except the No. 2276, and the initials—"S. S. Lowe," is the attestation, and is written by the witness to the execution immediately after he signs it—here is a form for accepting the stock at the bottom—that is for the person purchasing the stock to sign it or not as he pleases—brokers do not sign it.
SIR JOHN BAILEY . Q. Is Clement Smith the purchaser of that stock, a stock-broker? A. He is a stock-jobber—the stock was transferred to Edwards and his wife on the 6th of April, 1840—it was purchased in their names that day.
SAMUEL STEPHENSON LOW . On the 5th of Jan., 1842, I was clerk in the Long Annuity Transfer-office—I am the attesting witness to the signature of George Edwards in this transfer—I witness a great many transfers, and hate no recollection of the party making the transfer.
GEORGE EDWARDS . I am a retired coachman—I have lived in Ebury-street, Pimlico, six years and a half—I am married—my wife's maiden name was Sarah Swift—we were married in 1883—after we were married my wife lived in the service of Mr. Handley, of Newark—before that she lived with a gentleman named Mowbert—she left there five years ago or more, but I am no scholar—at that time I was living in Ebury-street—between her leaving Mr. Mowbert's and going to Mr. Handley's, she came to my lodging in Ebury-street, and went from me to Mr. Handley's—at that time I had a gold watch and other things—I had saved a little money, and she had saved some too—I let her have my watch, money, and other things—I left her to do as she liked with them—I had some money in the long annuities—I always gave my savings to my wife to take care of—she is alive—I have not had a letter from her for three years—her Christian name is Sarah—the money that I gave her in 1840 she put into the bank before she went into the country—I left it to her where she was to put it—she said she would go and put it into the bank—I left it to her to dispose of as she thought beat—I remember her coming home when she had been out for the purpose—she showed me a paper, and put it into a box—I cannot say what year it was in, as I am no scholar—I did not accompany her to the bank, or any where—this" George Edwards" in the bank book is not my writing—I did not authorize anybody to sign my name to any transfer or sale of the stock—I never gave the prisoner or my wife or anybody authority to sell it—I did not know it had been sold till I had a communication from my daughter lately—this letter (looking at letter A.) is not my writing, nor any part of it—I did not authorize anybody to make a demand on the bank to sell this money without the attendance of my wife, or authorize my wife to send the prisoner or anybody else to do it—I never saw the prisoner to my knowledge till I saw him in custody—until these proceedings were instituted I did not know that my wife had left Mr. Handley's service—this letter (looking at one) is from my wife, I received it by post, I do not know when—I cannot read, but it is her writing, to the best of my knowledge—in consequence of something that I heard I came up to London—I have not seen my watch since; I first heard something about it about September last—I knew nothing about the stock being transferred until I made inquiry about my watch.
Cross-examined. Q. You cannot write I understand? A. I can write my name, but not such writing as this—I can write nothing but my name—I can read my name when it is written—I can read my wife's letters if they are very plain—when she did not write plain I did not attempt to make
them out—I got a friend to read them for me—all the letters I received were generally read by some other person—this money was not almost all my wife's savings—she had a little, but not a great deal—she had my money as well—I never kept an account of the money—I was always giving her money, but never asked what she had about her, and knew nothing about it—she always took the money of me—we lived on very good terms—I lived with her four years regularly, two years at Leamington just after we were married—she then went out cooking, and came to me at night—after that we came to London, and lived there together for two years—we were always on very good terms—I last heard from her three years ago, at Newark—I have had a letter from her since—she said she had left Mr. Handley, and went abroad—I saw her at Newark for three days—it must be more than half a year since I had seen her before that—I am now living at Coventry—I have lived there five years next Christmas—I left Ebury-street five years ago next Christmas—I lived there for six years and a half before that—I never went to the bank—I let my wife have the money to put in the bank, with whatever little she had of her own, the same as I had trusted my former wife—I gave it to her to put into the bank—I am quite sure of that—she said she was going to put the money into the bank, and I said put it all together—I did not tell her to take care of it in any way she liked, but to put it in the bank—I don't know the amount of it—she has had 15l. and 10l. at a time—she had no money of her own in the bank at that time—what is hers is mine, and what is mine is hers—I don't think she had any money of her own in the bank before she put this in—I don't know that she had any money at all when we married—I had a little annuity coming to me, and when I got it I always gave it her—I generally paid her 2l. at a time, just as I got it—I gave her 10l. and 15l. at two different times.
MR. CLARKSON. Q. Were you living in Ebury-street, Pimlico, when you had the conversation with her about going to the bank? A. Yes, I left Ebury-street to go and live at Coventry five years ago next Christmas—we went into business after we married, but she did not like it—she then went into service—she went out to cook for a month or two, and did not go into regular service till we came to London, which was two years after we married—there was no quarrel between us—we were the best of friends—when I gave her the money to put in the bank I did not give her authority to sell it out without my knowledge.
THOMAS CROMPTON . I am a stock-broker, and in January, 1842, carried on business in Lothbury. Mr. Alfred Bailey, a stock-broker, had an office on the same floor—I was in the habit of transacting business for him in his absence—I have acted for him many times—In Jan. 1842, his clerk Godin applied to me and I went into Mr. Bailey's room, where I found a person who I understood to be Mr. Edwards—I cannot be certain, but I fancy the prisoner to be the same person—I believe him to be so, but it is a long time ago—I cannot speak positively—I never saw him before or since till this evening—he wanted to sell 3l. 10s. long annuities by the request of his wife, as the stock stood in their joint names—this paper (A.) was produced to me—I said that was not sufficient authority to do the business without the wife, it was out of the usual course to sell stock standing in the name of the wife—both are required by the bank to be present, or a power of attorney procured—I stated that to the person—the man said he had come from the country expressly for the purpose, and brought this, which he conceived sufficient authority to enable him to sell the stock without the presence of his wife, it was not convenient for her to come, and he thought the authority sufficient—I said it could not be done, and if there was any
urgency about it he had better make application elsewhere—I believe I took him with me to Mr. Smee, the chief accountant at the Bank, to know if this was sufficient authority, but I may have gone alone—I saw Mr. Smee, who said, "Let him write a request to make the transfer without his wife"—the person attended at the Bank and wrote this request himself on the back of the paper (A)—I attended at the Bank the same day, and sold the stock on account of the person who wrote that request—(looking at the transfer) I identified the person making this transfer as George Edwards—I took him to be George Edwards on the representation of the young man, Mr. Bailey's clerk, who was under age, and the Bank would not allow him to identify—I presumed the young man knew him—the stock was sold to Clement Smith, stock-broker and jobber—I received the purchase-money from him, which I believe was 43l. 15s., and which I paid the person I identified, and who I understood to be George Edwards—I gave Bailey the commission and rendered him an account of it.
Cross-examined. Q. I believe you have some doubt of the identity of the prisoner? A. It is so long ago, and not having seen him before, I cannot say he is the man—to the best of my recollection he is—it was a person resembling the prisoner—I really think it was him—the transaction did not occupy two hours—he might have been away an hour of that time—there is no doubt on my mind, as far as I recollect, that the prisoner is the person—I was shown the real George Edwards, and was quite certain he was not the person I identified—I can almost fancy I have seen Edwards before—I am in the habit of seeing a great many people—it is impossible to recollect—it is difficult to distinguish on what particular occasion I have seen a particular person.
CARLTON ANTHONY GODIN . I am a private in the 31st regiment of foot, and have been so seventeen weeks. I was formerly clerk to Mr. Bailey, a stock-broker, of Lothbury, for two years and two months—I am twenty years old—I was in Mr. Bailey's employ in Jan. 1842—he is occasionally out of town—Mr. Crompton was in the same business, and lived on the same floor as Mr. Bailey—when Mr. Bailey was out of town Mr. Bullock transacted the business, and when both were out of town Mr. Crompton acted for him—I remember a person coming in Jan., 1842, to effect a transfer of some stock—to the best of my belief the prisoner is the man—he came to the office when I was there by myself, and said he wanted to know whether he could sell some stock without bringing his wife there—that is a very Unusual occurrence when stock stands in the name of man and wife—he produced this note, purporting to be from his wife—I am not aware that he told me what the stock was—I read the paper myself—I cannot tell whether he produced a stock receipt—I do not know that he told me why his wife was absent—I fetched Mr. Crompton, who came into Mr. Bailey's room—this paper was lying on the table—I am sure this is the paper—I believe I looked at it while he was conversing with Mr. Crompton—he told Mr. Crompton he came from the country, and was rather urgent about having the stock sold—he said his wife: could not come from the country, either from indisposition or being in employment, I am not certain which—he showed the paper to Mr. Crompton—I relieve Mr. Crompton said he did not think it could be allowed without laving a power of attorney to do it—at the same time, Mr. Crompton said he would take him over to Mr. Smee, the chief accountant—he took him there—I did not go with them—they may have been absent half an hour—I do not think they returned together—the same person came back again to stay till it
was finished—it is necessary for the stock-broker to go to different places to sell the stock, and in the mean time the man remained at the office with me—I do not suppose he was there more than three-quarters of an hour after that—Mr. Crompton returned before the three-quarters of an hour—they went over to the Bank together to finish the transaction, but not directly—I do not recollect that they returned after they came from the Bank—I had an opportunity of seeing the man for three-quarters of an hour—the transaction was very peculiar, which induced me to take notice of it—I noticed the paper—I noticed the man coming, and I thought a great deal of it altogether, on account of its being unusual—I did not see the prisoner again till last Thursday week, in custody in Newgate—I instantly recognised him—he was shown to me among others—I had a recollection of him before he was shown to me—there was a curious look about his eyes that I noticed, and I recollected his having whiskers, and he was rather a tall man by the side of me—the prisoner is dressed differently now, but, looking at his features, I have no doubt in my own mind of his being the man—I have no particular doubt, but I will not swear as if I had seen him a week ago, but, on my oath, I do believe him to be the person.
Cross-examined. Q. He is dressed differently now? A. Yes—he did not seem dressed quite so respectably as he is now—I have no particular doubt of his being the man, but will not swear to him as if it had only happened a week ago—I believe it to be him.
MR. CLARKSON. Q. Have you gone into the army in consequence of misconduct, or was it your own inclination? A. It was my own inclination—I always wished it.
CHARLOTTE ARNOLD . I am the wife of Robert Arnold, a cabinet-maker, at Newark. I know the prisoner—I was acquainted with him first about five years ago, for about a year and a half—I knew him by the name of Henry Barratt—I have seen him write many times—the name George Edwards in this transfer is very much like his writing—this request to the chief accounttant is in his writing, and the whole of this note (A), except the signature, is very much like his writing, but I am positive the other side is—(this was the request to act, both being on the same paper.)
Cross-examined. Q. Which do you say is not his writing? A. The signature to the letter, and this, "Allowed by the deputy-governor, W. Smee"—I say both the papers are his writing—I said this side was like his writing—it is his writing, but he was agitated when he wrote it, I can see that—I have not a doubt about this part—on the other side, all except "Allowed," &c, is his writing.
COURT. Q. What opportunities had you of seeing him write? A., I lived in the same service with him very nearly a year and a half, and knew him a year besides that.
JAMBS HUNTER . I live in Bloomsbury-street—in 1828 I, with others, set on foot a society called the Royal Standard Benefit Society—in Nov., 1835, the prisoner joined the society in the name of Henry Hitchcock Barratt, and continued a member till Jan. 1842, when he was excluded for non-payment—while he was a member I had communications from him, and have seen him write on other matters not connected with the benefit society—I believe this letter(A), except the signature "S. Edwards," to be his writing—this demand to act on the other side of the paper decidedly is—it is still more apparent—the signature, and the whole of it except the memorandum at the bottom, is his.
Cross-examined. Q. Have you ever seen him write? A. Not often—I have no doubt of its being his—I have had communications from him some times, and acted on them—I have seen him write in connection with a loan
society, of which he is unfortunately a borrower—I will not positively swear it is his writing, but I believe it is his decidedly—I have no doubt of it whatever.
MR. CLARKSON. Look at the signature, "George Edwards" in the transfer-book? A. I believe it to be his writing.
SAMUEL COULDREY . I am a gold-beater, and live in Eccleston-street—I know George Edwards and his wife—I have known Mrs. Edwards for the last twenty years—her maiden name was Sarah Swift—I have known Edwards since he has been married, which was in 1840—my father is a builder—I remember Mrs. Edwards coming to my father in the spring of 1840—I do not recollect what month it was—I believe my father went somewhere with her—I knew her when she was cook to Mr. Handley—she went there as cook, it may be a week or a month after she came to my father—I was then living at Eccleston-street East, Pimlico—in Jan. 1842, the prisoner called on my father—he told me he was butler to Mr. Handley, of Newark, and had come to bring Mrs. Edwards' compliments to Mr. Couldrey, my father—my father is laid up, and has lost his sight—the last time I saw Mrs. Edwards was on the apprehendsion of the prisoner on the 19th of Sept., at Greenwich—the prisoner was with her—they represented themselves then to be Mr. and Mrs. Jones—the prisoner gave his name Joseph Jones—in April, 1845, I saw Mrs. Edwards, went with her to the bank, and took her to Mr. Peppercorn, a stock-broker, to purchase some stock—in consequence of what passed between us, Mrs. Edwards gave a description of a person to the Bank porter, in my presence, in consequence of which I went to Mr. Bailey's office, in Lothbury—I communicated what I heard there to Mrs. Edwards, and she immediately left the neighbourhood—she left on the Monday following, to go to Newark—I saw her off by the train—on the 4th or 5th of Aug. this year I saw her again at my house—the prisoner came with her—it was not the first time I had seen him, but the first time I had seen them together—she introduced him to me as her husband Joseph Jones—I recognized him as the man who represented himself as Mr. Handley's butler three or four years back, and came with Mr. Handley's compliments—I said, "Why, you are Barratt"—he said, "No, my name is Jones, I am not Barratt"—Mrs. Edwards replied, "This is my husband; his name is Joseph Jones"—that was all that occurred at the time—I went to Norwood next day—I saw a gold watch in the prisoner's possession last Aug., and recognized it as belonging to George Edwards—in consequence of suspicion, after Mrs. Edwards told me, in the prisoner's presence, that her husband was dead, I made a communication to George Edwards's daughter—Mrs. Edwards had told me, in the prisoner's presence, that her husband had been dead two years, and pointing to her finger with a ring on it she said, "This la the only man that put that on"—I afterwards accompanied them to Norwood and Greenwich, to look for a beer-shop—in the course of that day Mrs. Edwards addressed him by no other name than Jones—sometimes she addressed him as B., not Mr. B.—she merely used the letter B.—I did not know what that meant—that was besides Jones or Joseph—I have seen the prisoner write seldom, but enough to form a judgment—I received a letter from him on the 28th of Aug. this year, and acted on it—this signature, "George Edwards" to this transfer corresponds with the writing of the letter I received—to the best of my belief, I believe the letter produced (A) to be his writing, except the signature, and should say the demand to act on the other side is his. (The transfer of the stock was here read, also the following document: "(A.) 31st Dec, 1841. I authorize George Edwards, my husband, to receive the amount of stock and interest to the date of such stock being removed. I am yours respectfully, SARAH EDWARDS." On the back of which was, "I request to sell the amount of 3l. 10s., long annuities, standing in the name of
myself and wife, without the signature of my wife—GEORGE EDWARDS. 5th January, 1842. To W. Smee, Esq.")
MR. PRENDERGAST to MR. COULDREY. Q. You have known Mrs. Edwards some considerable time? A. I have, and she was living with her husband previous to going to service at Mr. Mowbert's, in 1835—I knew her living with her husband some time—I visited them when they lived together, and was on intimate terms with them—I was surprised to hear of Mr. Edwards's death last Aug.—I had not seen him for four or five years.
MR. CLARKBON. Q. Was it in consequence of hearing he was dead, and seeing his gold watch in another man's hands, that you went to the daughter to make inquiry? A. Yes—I had no reason to suppose they had ever separated or quarrelled.
GUILTY . Transported for Life.
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
WILLIAM PENNY . I am a police-inspector. On the 17th of Oct. I went with Brannan and Bryant to the Wheatsheaf public-house, Edgware-road, about half-past nine o'clock in the evening, and found the male prisoner in company with other men, in front of the bar—I took hold of him, and told him he must consider himself in custody for casting counterfeit half-crowns, shillings, and sixpences, at Westminster—he said, "That be d—d and b—, let us have some gin before I move a step?"—he then resisted very much—we took him away in a cab—he would have jumped out if we had not prevented him—he attempted to put his hand into his right-hand pocket—I searched him at the station, and found a shilling, a sixpence, and 3d. in copper, (good money,) a knife, and a latch-key—I left him at the station, and went about eleven o'clock with Brannan to a house in Devonshire-street, Lisson-grove, with the key which I found on the prisoner—I saw Mrs. Hollis in the front parlour—she gave me information—I went up stairs with her—she pointed out a room, and called "Mrs. M'Donald" several times—there was no answer—the door was fast—I forced it open—there was nobody there—we searched the room in the presence of Mrs. Hollis, and found a work-box on a chair, and in it was this galvanic-battery—on the table I found a jar containing fluid, which is now in this bottle—the battery can be placed in the jar—on the same table was a jar with powdered plaster of paris—I found a saucer with a quantity of wet plaster of paris, two faives covered with plaster of paris, on the table, a brush full of plaster of paris, and two leather bands, which are used in making moulds—on a shelf I found four bottles containing different liquids—on the floor I found a washhand-basin, quite wet, containing plaster of paris, and four packages of copper-wire were hanging on a nail—while I was there the prisoner Wright came into the room—she appeared drunk—she attempted to put her hand into her bosom—I immediately laid hold of her hand, and took from her bosom two packages containing twenty-three counterfeit four-penny pieces—she had a basket containing a pair of women's new boots, and several other articles—I took from her pocket a box, with 8s.6d. in silver, and 5 3/4 d. in copper in it—after the search she was left in my care in the room—the rest of the officers went down stairs—after Brannan returned he produced several moulds and a bag with two counterfeit half-crowns in it—I took her to the station where Anderson was.
Cross-examined by MR. BALLANTINE. Q. You found a key on Anderson?
A. I did, it fitted the street-door—the house was occupied by lodgers—the room the articles were in we were obliged to force open—we went to the house from information—I know no John Barker, except a policeman of that name.
JAMES BRANNAN (police-sergeant.) I took Anderson in charge at a public-house at Paddington—he was taken to the station—I accompanied the officers to the house, and saw these articles found—I found an iron ladle in the room with white metal in it, and a file with white metal in the teeth as if recently used, some cloth and finger-stalls—I found two Britannia-metal spoons on the table and four in a drawer—I remember Wright coming home, and saw Fenny take from her two small paper parcels containing twenty-three counterfeit four-penny pieces—I went down to the lower part of the house accompanied by Mrs. Williams, who is Mrs. Hollis's daughter—I went to the privy at the back of the house, and found a bag containing, four pair of moulds and two counterfeit half-crowns hanging on a nail underneath the seat—it could not be seen unless you looked down for the purpose—the privy was in an enclosed yard belonging to the house—I assisted in conveying Wright to the station—before I took her I told Penny, in her presence, that I had found a bag containing four moulds and two counterfeit half-crowns—she said, "Bad luck to Mr. Penny and you, you b—y—, you may stuff them up your—"—we took her to the station, and there Penny asked me how many moulds I had found—I said four—she said, "Yes, you b—, and if I was at home I would show you what I made them with."
Cross-examined. Q. Do you know John Barker? A. No, not connected with this case—I know a butcher of that name.
MARY HOLLIS . I am landlady of the house, 60, Devonshire-street, Lissongrove—Wright took my back room, second floor, by herself, at the latter end of July or beginning of Aug.—I pointed out that room to the officers when they came—it was let, unfurnished, at 2s. a week—I saw Anderson three days after Wright took the room—they continued to live there since—I saw Anderson last going out of the house between three and four o'clock of the afternoon of the 17th, the day he was apprehended—the privy was common to all the lodgers, but to no one out of the house.
Cross-examined. Q. Was there a key to the room? A. Yes—I gave it to Wright—there is a latch-key to the outer door, which I give to the different lodgers—I saw Anderson three days after the lodging was taken, helping to bring their furniture up stairs—I did not see anybody come to see Mrs. Anderson till some time after—a short female in black came three times—I never
saw any man but Anderson come to visit her—he was there every day almost—I might have seen him every day, or I might not—I cannot take my oath of it—I will swear I saw him once a week, and that I saw him halfa-dozen times during the whole period—I swear I saw him on the Friday before the 17th—I cannot say what time, I should say morning if I said any thing—I will swear it was not night—I often saw him going out about ten or eleven o'clock in the morning—I know he was in my house on Friday morning, the 16th—there was scarcely a day that I did not see him, but I did not watch him in and out—I live in the parlour, but my laundry is up stairs, and I go up and down—he generally went out of a morning—I have seen him go in and out—he had a latch-key to let himself in at the outer door—they had a key of the apartments between them—nothing made me notice him that afternoon—I did not see a person come there about half an hour after he left, and go up to his room—I saw a female go in with Mrs. Anderson, between five and six o'clock on Saturday afternoon—that was the short woman in black I have spoken of—I can't say that she came in the absence of Anderson—I never saw her speak to anybody but Mrs. Anderson—I did not notice whether Mrs. " Anderson had a basket with her, or whether the woman had anything—nobody else came that afternoon to my knowledge—their door fastens with a proper key, which was given to Wright—the police had not been in communication with me before this.
MR. ROBINSON. Q. You have not seen the woman in black in the room? A. No—only coming up stairs with Wright—I don't know whether Anderson was in the room at the time she came—I had seen him go out before—I think they went up stairs, and not into the back place.
Wright. Q. Did you never open the door to a man in a white flanneljacket, who inquired for M'Donald? A. I did not answer him myself—a man called and asked if Mrs. M'Donald lived there, and Wright was called down to him—that was most likely in August.
MART ANN WILLIAMS . I am Mrs. Hollis' daughter, and live with her—on 17th Oct. I accompanied the sergeant with a lighted candle to the privy, and saw him find the blue cotton bag down under the seat—I did not see the contents—I have known the prisoners living in the house, and have seen Anderson living there daily—Wright went out every day—she occasionally took a small basket out with her—after the things were found, I recollected having seen her frequently going to the privy at all times—I have seen her go there on coming into the house—I have not noticed her staying there any time—no man came to see her except Anderson.
Cross-examined. Q. Will you swear no other man has visited her? A. I never saw any.
Wright. Q. Have not you opened the door to a man in a white flanneljacket, more than once or twice? A. No.
JOHN FIELD . I am inspector of counterfeit coin to the Mint—this is one of Mr. Smee's galvanic batteries—here are four pair of moulds for casting counterfeit coin, one for half-crowns, which has both impressions perfect, but does not appear to have been used—here is another for casting halfcrowns, which appears to have been used, and one for casting two shillings at one time, having both sides of the impression perfect—this does not appear to have been used—here is another pair of moulds intended for casting two sixpences at once, having the impression perfect—that does not appear to have been used—here are two counterfeit half-crowns, which I have no hesitation in swearing are cast in the second pair of moulds—they are made of Britannia-metal—precisely the same as the spoons, and as the metal which is in this iron ladle—they appear to have undergone the first part of the process of galvanic plating—this jar has powdered plaster of paris in it, similar to what the moulds are composed of—these leather bands are used to confine the plaster of paris in a fluid state when making the moulds—this knife, file, and other articles are such as are generally found where coining has been carried on, and may be used for that purpose—the file is used for removing the rough surface of the coin—it has white metal in the teeth of it—here are some fluids which are used in the galvanic process.
Wright. Q. Is it plaster of paris or whitening, in the saucer? A. A great part of it is plaster of paris—there may be whitening among it—here are twenty-three counterfeit four-penny pieces all cast in one mould, and all having undergone the process of electro-plating.
ALFRED SMEE, ESQ . I am author of "The Elements of Electro-Metalurgy." I have examined the acids contained in these bottles—this is strong sulphuric acid—this is diluted sulphuric acid, such as would charge a battery—I have ascertained that by placing a small battery in it; and this bottle contains a compound of potash and other things—I found all the things necessary
to plate metal with a coat of silver—this is a battery fit for the purpose—it only wants the conducting-wire—this is copper wire here.
(The prisoner Wright put in a written defence, stating that the articles found in the room, and the packets of 4d. pieces were given to her by John Barker, who frequently visited her, to take care of for him, and that Anderson knew nothing whatever of the occurrence; and that she knew nothing of the hag found in the privy.)
WRIGHT— GUILTY . Aged 32.— Transported for Fourteen Years.
ANDERSON— NOT GUILTY .
MESSRS. BODKIN and ROBINSON conducted the Prosecution.
CALEB EDWARD POWELL . I am assistant-solicitor to the Mint. I produce a copy of the record of the conviction of Mary Morris at this Court, in April, 1845, for uttering counterfeit coin—I have examined it with the original at Mr. Clark's office—it is correct—(read—Convicted April, 1845, and confined six months).
Cross-examined by MR. PAYNE. Q. Were you in Court when she was tried? A. She was not tried, she pleaded guilty—I was not in Court.
MR. BODKIN. Q. Did you take her into custody? A. Yes, and took her before the Magistrate on the 28th of Feb.—she was committed for trial—I did not see her after she was in Newgate—I was not here after sentence was passed, or when it was passed.
HANNAH EADY . I am bar-maid to Mr. Smith, who keeps the Lord Nelson public-house, St. Pan eras. On the 10th of Nov., a little after two o'clock in the afternoon, the prisoner came and asked for a pennyworth of gin—she gave me a shilling—I suspected it to be bad, and gave it to my mistress, who said it was bad, and told the prisoner so—the prisoner said, "Is it?"—Mrs. Smith asked if she had any more money with her—she said, "Yes, some halfpence"—she paid the 1d.—Mrs. Smith then asked her how she came to give a shilling when she had halfpence—she said she wanted to pay a woman who was outside 6d. for some pictures—Mr. Smith sent some one out, who came back and said in the prisoner's presence that there was no one there—a policeman was sent for, who took her into custody.
Cross-examined. Q. When the man came in and said there was no one there, did not the prisoner say there was? A. Yes—I gave the shilling to Mrs. Smith, who was in the parlour opposite the bar—she gave it to Mr. Smith—he returned it to her again, and she came into the bar and gave it to the prisoner—I was close by at the time, and saw Mr. Smith give it to Mrs. Smith.
SARAH SMITH . I am the wife of David Smith, who keeps the Lord Nelson public-house, St. Pancras. On Tuesday, the 10th of Nov., I received a shilling from Eady—I showed it to my husband—I saw him break it—he gave it back to me—it was not out of my sight while it was in his hand—I went into the bar and told the prisoner it was not a good one—I asked if she had any other money—she said yes, she had some copper—I asked why she changed to pay a 1d.—she said she wanted 6d. to pay for some pictures, to a friend of hers who was waiting in the New Road—my house is the second house out of the New Road—I sent the waiter out to see if he could see her friend—the
waiter returned, and said be could not see anybody of the description she gave—sbe said nothing to that—North came, and Mr. Smith gave her in charge—I saw two shillings taken from her, in a piece of brown cotton in her hand—I gave the bad shilling my husband bent to the policeman.
Cross-examined. Q. I thought she paid 1d. for the gin? A. Yes, but I kept the shilling, seeing she had others in her hand—her thumb was on the money which was in the rag—I swear I saw the two shillings in the rag in her hand—the rag did not cover the money—the policeman took a piece of rag from her hand, with the two shillings in it—after that I said they were bad—the prisoner said she thought they were good—when the waiter said there was no one there, I did not hear her say there was a woman outside—she might have said it, but not in my hearing—I was serving another customer—my husband bit the shilling with his teeth—he did not break it into two pieces.
JOHN NORTH (policeman.) I was called to the Lord Nelson—the prisoner was given into my custody—I took two shillings, wrapped up in this piece of rag, from her hand—she said they were good ones—I produce another shilling which I received from Mrs. Smith—I took the prisoner to the station—she had a basket, containing three candles and an onion—I found on her 3 3/4 d. in copper—before I took her away she said I had not taken the shillings from her at all—that was not in answer to anything I said.
Cross-examined. Q. How did it happen? A. There were so many people talking in the room, I could not hear what was said—the shillings did not get changed—I took them from her hand as soon as I went into the room—I cannot say what made her say I had not taken them from her.
Cross-examined. Q. One of them is a very good-looking one? A. It is a George III. worn shilling—the other two are electro-plated. GUILTY . Aged 21.— Confined Two Years.
NEW COURT.—Wednesday, November 25th, 1846.
Fifth Jury, before Mr. Common Sergeant.
MICHAEL HAT DON (City police-constable, No. 274.) About twelve o'clock on the 6th of Nov. I saw the two prisoners following ladies up and down Ludgate-hill—I watched them for a quarter of an hour—at length I saw Smith go to the right hand side of a lady, who was going down the hill—he put his left hand into her pocket, walked two or three yards, and at length drew his hand out and looked down at it—Thomas was at the time covering Smith by swinging and opening the skirts of his coat, holding them open with his hand—Smith went off—I overtook him and threw him down—I said, "Hand me over what you took from that lady—quick"—he put his hand in his pocket and took out this purse and 3d.—there was nothing in the purse—I returned to look for the lady—she was gone—I do not know who she was.
Smith. The purse was my own and the 3d. too.
Taylor. I got to the top of Ludgate-hill, and I met this lad—I said, "Have you seen anybody go along with a barrow?"—he said, "No"—I
left him and went on to market—I did not buy anything—I was coming back and going to Farringdon-market, when this officer took me.
JOHN WHITE (police-constable R 180.) I produce a certificate of Smith's former conviction, by the name of George Williams, at this court—(read—Convicted the 7th of April, 1845, and confined three months)—Smith is the person.
SMITH— GUILTY . Aged 14.— Transported for Seven Years.
THOMAS— GUILTY . Aged 20.— Confined Six Months.
MR. COOPER conducted the Prosecution.
CHARLES PERROTT . I belong to the firm of Perrott, Watts, and Penrott—we are packers, and live in Tenter-street, Moorfields—we make up our accounts four times a year—we have a collecting-book made up every quarter—on the 19th of Aug. Messrs. Dixon and Co. were debtors to us—on the 29th of Aug. Messrs. Butler were debtors to us, and on the 19th of Sept. Messrs. Brusiotti were in our debt—if the prisoner had received any money of those persons, it was his duty to pay it to me, or to my servants—he ought to have paid it to Warwicker, and in less than an hour it would have come into my hands—on this list, under Messrs. Dixons' name here is, in the prisoner's writing, "No account," and under Messrs. Butlers' name is the prisoner's writing, "Next Saturday"—these receipts on these bills of Dixon, Butler, and Brusiotti's are the prisoner's writing—I gave the prisoner into custody—there was nothing said to induce him to make any statement—he stated that all the money he had received, he had paid over to Warwicker, who was a villain and a scoundrel, and we should find him so.
Cross-examined by MR. ROBINSON. Q. How long has the prisoner been in your service? A. About twenty years, except once, when he left us for about six'months, about seven years ago and we took him back—his father was in our service till his death, and his brother is with us now.
JOHN WARWICKER . I am book-keeper to the prosecutors—it was my duty to keep the casebook correctly, and to receive the money from the prisoner and other persons who collect—on the 7th of Nov, I gave the prisoner a paper with Butlers' and Dixons' account on it—I had on the previous day, when he went out, directed him to call on Messrs. Brusiotti—he brought back the list, and gave an account of what he received—I put that in the cashbook—I went through the original list and I asked him what the Butlers said—he said, "They said they will pay next Saturday"—(this was on the 7th of Nov.)—I came to Dixons' account, and he said, "No account"—he wrote that down—I told him to write it, to prevent any dispute—I had some tima previously asked him about Brusiotti, and he told me they would not pay till the account was more—he did not pay me these sums.
Cross-examined. Q. Your mode is to have a cash-book, and to give the people lists, who go out to collect the money? A. Yes, and when they come home I credit the account in the cash-book—the prisoner has latterly done nearly the whole of the going-out—perhaps one more goes out beside him—I give lists to perhaps four persons—Mr. Thomas Perrott, Mr. Watts, the prisoner, and Mr. White—it sometimes happens that when persons are going to the docks or elsewhere, I give them a list—I know these sums were not paid, by their not being entered in the cash-book, and I should have recollected it—this is the cash-book—I cannot recollect who paid without referring to the book—when persons have come in and I have been in a different place from where the cash-book was, I have not made the entry immediately, at all times—it is very likely I have been pressed by the
prisoner to enter a payment in my book, but have been engaged, and not done it then—I have never forgotten anything—I have always credited the accounts on the same day—I may have credited them three or four hours afterwards—the prisoner has never complained to me—he may have asked me to cross off accounts when he has paid me, and I have refused because I have been busy—I have a great deal to do—I manage the affairs of the counting house—I have never lost the list and asked the prisoner and others what was the amount they paid, and from whom they received it—there has been no transaction like it—we have gone on working for Dixons' ever since—this was the Midsummer bill—the words, "next Saturday" were written against Butler's account—if the prisoner went to Dixons' one day, it is not very likely that Mr. Perrott might call the next Saturday—I have been in the habit of sending the prisoner out principally with these small accounts.
Q. Have you ever had any notion of leaving Messrs. Perrotts' service and setting up with the prisoner? A. No—I can hardly call it a notion—such a thing was mentioned—I do not know any of his friends—he mentioned to me some months ago about his advancing money, and I to join with him in setting up—I never entertained the notion for above a week—I will not swear that I did not mention it first to the prisoner, I might—I know a person named White—the prisoner has not refused in White's presence to go out collecting, unless I would give him receipts when he came back—he never asked me for receipts.
MR. COOPER. Q. Who makes out the list? A. I do—when the party collects money he crosses it out on the list—I should say the longest time that had elapsed after I have received the money and these lists from the persons, before I entered them, has been four hours—I have the list to refresh my memory when I enter it—the list would contain the prisoner's or the collector's marks—I compare the list with the cash-book every night—the prisoner makes the crosses on the list—he has carried money to the Bank and brought back the wages in gold and silver, and it has been paid instantly.
JURY to JOHN WARWICKER. Q. Do you balance the accounts every night? A. Every Saturday night—they are only sent out on Saturdays—there never was an occasion when cash was found to be in excess.
GUILTY . Aged 32.— Confined Six Months.
MR. RYLAND conducted the Prosecution.
WILLIAM SPILLER . I am a clerk at Giltspur-street Compter. On the 10th of Nov. I received a check from Mr. James Raymond Withair, the governor, for 3l. 9s. 2d.—I got cash for it, and deposited the money on the governor's desk—there were three sovereigns, two half-crowns, four shillings, and threepence in copper—the sovereigns were of the late coinage, not the dragon sovereign—I have two of them in my pocket—these are them—they
were all new ones—these two are Victoria sovereigns—I cannot swear whether the other was a Victoria sovereign, but it was similar to. these—it had a crown on it—the prisoner was discharged from the Compter that morning—he had been gone a quarter of an hour or twenty minutes before I obtained the cash—he returned in about half an hour or threequarters of an hour after I had placed the money on the desk for some money which had been taken from him when he entered the prison—I gave him the money—it was 7s. 8d.—this took place in the room where the money was—having got his money and signed a book, he went away—he signed the book on a little platform just behind the desk, about one yard from where the money was—he had not been gone more than two minutes when I missed a sovereign off the governor's desk—no one had been in the room but him and myself, from the time I laid the money on the desk till he went out—he could see the money from where he stood—I went after him with Evans, a turn-key—I found him at the White Lion, in Fleet-lane—I left him there with Evans, and I went for a policeman—when I came back I told the prisoner I had lost a sovereign off the governor's desk, and charged him with it—I requested the policeman to search him—the prisoner said he had a sovereign in his waistcoat pocket, and he produced it on the table—he said, "Be positive"—I said, "I am positive it was on the table, and it was gone"—some females in the room said, "Can we make it up with paying anything"—they appeared to be all in company together—the prisoner was taken—the sovereign was in his left hand waistcoat pocket, and some other money.
Cross-examined by MR. O'BRIEN. Q. What time did you get this check changed? A. Between ten and half-past ten o'clock—the prisoner had left the Compter at that time—there is a person always stationed at the outside of the door—I had not left the office from the time I deposited the money there, only to go into the passage—I passed the roan that was in the passage—I only went across the passage to speak to one of the officers—I saw the money safe less than five minutes before the prisoner came in—I saw it less than ten minutes—I will not swear to two minutes—when the prisoner was gone I missed the sovereign—I made a search for it—I cannot open the governor's desk, but I looked amongst the papers, and under the desk, and all about—I made a very strict search for it—the place where the prisoner wrote the receipt or memorandum was altogether apart from the governor's desk—it was within sight of it—it was close to it—he could have reached over to it if he had chosen, but not while I was there—the other man was outside in the passage—the door was open—I got the money I paid the prisoner out of my own desk, which is altogether apart from the governor's—I cannot swear to the sovereign—the prisoner said, after he produced the sovereign on the table, "My brother gave me this sovereign this morning."
COURT. Q. Are you sure no one but the prisoner came there between the time of your seeing the sovereign and missing it? A. Yes.
MR. RYLAND. Q. Was it while the prisoner was in the office you stepped out into the passage? A. Yes—though I went out I am sure no one could have gone into the office without my seeing them—the prisoner was standing between Mr. Whithair's desk on the one side, and the slab on the other, and he could reach either.
GEORGE EDIS EVANS . I am one of the turnkeys of Giltspur-street—I accompanied Mr. Spiller in search of the prisoner—we found him in the White Lion, in Fleet-lane—there were seven or eight other persons in the room, both males and females—Mr. Spiller went for a policeman, leaving me in the house—the prisoner asked me what he was detained for?—I told him I
did not know—a lad came into the room, and he said to the prisoner, "William, I am glad to see you; ihere has been two men at father's from the Compter about you, about some money"—the prisoner said, "I have got a sovereign" (putting his hand into his waistcoat pocket) that you gave me, did you not, George? "turning to some other person in the room—no one had then mentioned a sovereign—after a second or so the person said, "I did; I gave you a sovereign this morning; what of that?"—the prisoner at that time produced a sovereign and some silver, and halfpence, out of his waistcoat pocket—I told him to put it back—Mr. Spiller came back with the officer and took him into custody—I had seen the prisoner that morning—I let him through the cross-door at the Compter to be discharged—I saw him in the office when he came back.
Cross-examined. Q. In the governor's room is there generally an officer on duty? A. No, unless the clerk is there—after a second George said he gave a sovereign to the prisoner—that was after some hesitation—he did not say it immediately.
DAVID HEWETT (City police-constable 233.) Mr. Spiller came and took me to the White Lion—I found the prisoner there, in Evans's custody—I searched the prisoner—he put his hand into his pocket, and took out a sovereign—I found on him half-a-crown, three shillings, and two sixpences, a fourpenny piece, and fourpence in coppers, 7s. 2d. in all.
MR. O'BRIEN called
GEORGE PALMER . I am in the employ of Messrs. Joseph Myers and Co., of Leadenhall-street—I have been there three years—the prisoner is my brother—I was aware he was coming out of the Compter, on the 10th of Nov.—I appointed to meet him that morning, and I met him about four minutes past ten o'clock at the White Lion—my mother, my brother James, and my sister were there—we sat there, I should say, ten minutes—my brother said, "James, will you come with me to get my money?"—I said, "Pray, do not go to such a place again, we have subscribed a sovereign for you; I will give it you; here it is"—I put my hand into my pocket and gave it him, in the presence of his friends who had subscribed it; my brothers, John and James, and myself—we had made it up ten days or a fortnight before—my brother James went back with him to the Compter, he waited for him till be came out, and came back with him—I was there when the officer came.
MR. RYLAND. Q. IS any person here from Myers and Co? A. No—they are importers of foreign fancy goods, such as Bohemian glass, and so on—I see a gentleman in Court who is well acquainted with them—this sovereign was subscribed ten days or a fortnight before—my brother John and James subscribed 5s. each, and myself half-a-sovereign—the money was in my possession to give my brother when he came out—it was a sovereign together—Tuesday is the day the house has appointed me to travel to the West End—I was out on the 10th of Nov., and as I came along I came to see my brother—the subscription was made at my house in Hyde-place, Hoxton, a fortnight before—I brought the sovereign with me—I had changed the half-sovereign and the 5s. a-piece from my two brothers for a sovereign I had received from my employers—to the best of my knowledge it was from the salary I received a fortnight before—it was a new sovereign—I kept it on purpose—I believe it was of this reign—I will swear it was a Victoria sovereign.
COURT. Q. Who were present when the money was paid? A. John and James—my mother, my sister, my wife, and my brother James' wife were present—I believe they all saw it paid—they were in the room sitting round a table.
JAMES PALMER . I am a tailor, and live at No. 17, Duke-street, Smith-field. I carry on business on my own account—I have lived there fifteen months—I have been in the parish and the neighbourhood three years—I held a situation in Aldersgate-street for thirteen years—I recollect on the 10th of Nov. my brother, the prisoner, was coming out of the Compter—it was arranged that I should meet him at the corner of the street—I met him, and we went to a house in Fleet-lane, where we had arranged to meet, as it was arranged my brother should not go home to his father—when we got to Fleet lane, my brothers George and John were there, my mother and sister, my wife, and my brother George's wife—a subscription had been raised between us on behalf of my brother when he was coming out—I subscribed 5s., John 5s., and George gave 10s.—it was a sovereign—my brother George had it—I saw him give the prisoner a sovereign.
MR. RYLAND. Q. Did you see the sovereign at all? A. I saw the sovereign pass—I know my brother gave it him—I heard him say so—I supposed he had given it him—it had been arranged—I know there was a sovereign to be given him—I saw him give him something—I saw him give him a sovereign of course—I could not suppose it was any other—I did not look at it in my own hand—I was sitting across the table—I saw the piece of gold with my eyes—I saw enough to swear it was a sovereign, but not enough to swear what particular sovereign—not enough to say whether it was new or old—there was my mother, and my brothers John and George, my wife, and my brother George's wife—we had all arranged to meet the prisoner there—being at variance with my father, he would not go home.
JOHN PALMER . I am a master boot-maker, and carry on business at No. 23, Goswell-road—I have lived in that neighbourhood twelve years—I recollect the 10th of Nov.—I had been aware that my brother was coming out of the Computer that day—the subscription had been entered into with me and my other brothers—we had subscribed a sovereign, and I made him a pair of new boots—I dare say he has them on—a new shirt and stock were subscribed by his friends—I gave my brother George 5s. towards the sovereign—I cannot say how long it was before my brother came out—I should think ten days or a fortnight—we had several meetings—we met my brother that morning at a house in Fleet-lane—there was my mother, my sister, my two brothers, and their wives and myself—my brother George gave the prisoner the sovereign we had subscribed, I suppose.
MR. RYLAND. Q. Did you look at the sovereign? A. No, I did not—I saw a sovereign pass, most decidedly—I cannot tell what sort of a sovereign—I did not look particularly at it—we were all in conversation—I was there when the gentleman came in, and talked about money being missing from the Compter—I knew it was the gentleman from the Compter—I bad seen him there when I had gone to visit my brother—I heard what my brother said when the person said there was a piece of work about some money—I said to the prisoner, "William, you roust know whether your money was right," thinking they had overpaid him, or there was something wrong in the money he was to take—he said, "I have only the money I got from the Compter; and the money you gave me George; it is 7s. 8d. which I have taken"
(The sovereign which was taken from the prisoner being produced, was of the reign of William the Fourth.)
NOT GUILTY .
GUILTY — Confined One Year.
GUILTY . Aged 25— Confined Six Months.
41. MARY TROY was indicted for stealing 1 shawl, value 2s. 6d.; 1 handkerchief, 1s. 6d.; 1 apron, 1s.; 2 pair of gloves, 1s.; 1 pair of stays, 1s.; and 1 frock, 2s.; the goods of Martin Tracey, her master; to which she pleaded
GUILTY . Aged 21.— Confined Three Months.
GUILTY .* Aged 17.— Confined Nine Months.
GUILTY . Aged 27—Recommended to mercy.— Confined Three Months ,
GUILTY . Aged 25— Confined Six Months. (There was another indictment against the prisoner.)
JAMES BECKLEY . I am assistant to Mr. Doble, a grocer, on Snow-hill. On the 18th of Nov. I was in Long-lane—I felt something, and missed my handkerchief—I turned and saw the prisoner—I caught his arm, and asked him for it—he said he had not got it—I gave him in charge, and the hand-kerchief was produced from his person—this is it—it is mine.
JOHN EVANS (City police-constable 283.) I was called—I told the prisoner I should take him for stealing the handkerchief—he said it was not him, he knew nothing of it—I searched him, and found it in his trousers.
GUILTY . Aged 16— Confined Three Months.
GUILTY . Aged 24— Confined Six Months.
GUILTY .—Aged 19— Confined Six Months.
MR. RYLAND conducted the Prosecution.
BENJAMIN WOOD . I am one of the City police—the prisoner is my wife. On Wednesday the 14th of Oct. I and she were at home about one o'clock, or a little after—there were other persons in the house, but not in the room we were living in—it is in Talbot-court, Gracechurch-street, in the parish of St. Bennet, Gracechurch—about ten minutes or a quarter past one o'clock the prisoner came home—I complained about dinner not being ready, as I had to muster at the station-house at a quarter before two—I cannot recollect the
words that passed, but we bad a quarrel for about two minutes—I put on my hat, and said I should go out—the cloth was laid, and she had sat down—I was going to leave the room, and I heard her scream out "Murder!" and felt something slightly at my throat—I did not think what was the matter—I turned, and the knife fell from my neck on the floor, and I saw the blood streaming on the floor—I was taken to a surgeon, and then sent to St. Thomas's Hospital, and was attended by Dr. Clark—I am an inmate there still—I do not think my wife did it intentionally—I think she threw the knife in the heat of passion at the moment—I do not think she knew what she was doing—she screamed "Murder!" as soon as she saw the blood—when I turned round she was in the act of rising from the chair—the moment I saw the blood I went down stairs as quickly as I possibly could.
COURT. Q. You did not see her throw the knife? A. I did not, my Lord—she was sitting on the opposite side of the table to where I was, about a yard and a half from me—I cannot tell whether there was a knife on the table—I forget what did occur, on account of weakness and the loss of blood. JAMES ROOTS (City police-constable 577.) On Wednesday the 14th of Oct, at a quarter-past one o'clock, I went to Dr. Smith, a surgeon, in Gracechurch-street, and I saw the prosecutor bleeding—I assisted him into a cab—he was taken to St. Thomas's Hospital—Dr. Smith went there with me.
FREDERICK LE GROS CLARK . I am assistant surgeon at St. Thomas's Hospital, and lecturer on anatomy—on the 14th of Oct. I was informed a man had been brought in with a severe wound in his neck—I went across to the surgery and saw the prosecutor, and one of my colleagues was on the spot endeavouring to staunch the blood from the wound—he had succeeded temporarily in doing so, by putting his fingers in the wound—we conferred together, and thought the only means of saving his life would be to perform an operation, which consisted in making a wound lower down in the neck, and passing a ligature round the trunk of the carotid artery—as his fingers were bloody it was agreed I should perform the operation, which I did—there was not more than a spoonful of blood lost in the operation, and that caused the cessation of the blood—in my opinion, if he had been left to himself, he would unquestionably have been dead in two or three minutes—a cutting instrument, more or less pointed, would have inflicted the wound—a table-knife would very probably have done it—there is no question but such a knife as this—(looking at one)—would have inflicted the wound,
JOHN DAVIS (City police-constable 551.) I heard of this affair on the 14th of Oct. about half-past one o'clock—in consequence of hearing of it I went to the prosecutor's room and found the prisoner there—I enquired whether it was true that one of our officers had been taken to the hospital dangerously wounded—the prisoner said if I came up she would tell me all about it—she stated that they had a quarrel at dinner, and she threw a knife at him—she did not know she had cut him till she saw him stooping down, and she saw the blood running from his neck—while I was there an order came from Mr. Smith, the doctor, that she should be taken, and I took her into custody—there were two knives on the table—I enquired which was the knife she did it with—she said this one—(producing it)
MR. SAMUEL ROBERT GOODMAN . I am the Lord Mayor's clerk—I was in attendance at the Mansion-house when the prisoner was examined—she made a statement—I took it down from her lips—I asked her if she wished to sign it?—she said it was correct, and she would, and she did—this is it—(read—"Elizabeth Wood voluntarily says, 'The reason the dinner was not quite ready was, I had been taking my work home to Fish-street Hill, and had to wait
until the lady gave me more; I then went home, and it wanted a quarter to one; Wood had all his clothes on, and I laid the cloth before I went out; he was angry with me for being so long, and began to swear at me; he stood by the table with his truncheon on the table; I said that it was no use swearing at me, as it was then on the table; I sat down and cut his and my own; I took the knife in my hand to begin my dinner, and he swore that he would break my head with his truncheon, making use of an oath; he had his hand up with the truncheon in his hand, and I said, 'If you attempt to strike me I will throw this knife at you;' I thought he intended striking me, and I threw the knife at him; I thought I saw the truncheon coming down with his hand; I had no intention of striking him with the knife, nor did I know I had done so, until I saw him stoop; I saw the blood, and I was frightened; I hallooed out 'Murder;' he told me not to halloo, and put his hand up as well as me mine, and a man and woman came up and took the truncheon from his hand as he stood bleeding, and he went down to the doctor's, I suppose—I did not intend to do it, I am sure.'"
Prisoner's Defence. I did not do it with the intention of hurting him; he aggravated me to it.
GUILTY of an Assault. Aged 26— Confined Three Months.
WILLIAM SOUTHWOOD . I am partner with Samuel Sparrow Wallis; we live at westminster. The prisoner was our porter—I received information from an officer—I went with the officer and the prisoner to a pawnbroker's hop where these two handkerchiefs had been offered in pledge, and the pawnbroker's assistant identified the prisoner as the person who brought them—I am sure they are ours.
Cross-examined by MR. BALLANTINE. Q. What do you know them by? A. We had the pattern in stock—we have not any of the pattern now—one piece contains seven handkerchiefs—I really cannot say whether we have lost any of them—the prisoner stated, in my hearing, that they were the property of his employers; and, on his being searched, these two pairs of gloves were found on him, which have our private mark, and they are ours.
GUILTY . Aged 19— Confined Four Months.
MR. BALLANTINE conducted the Prosecution.
WILLIAM PERRY . lam a confectioner, and live in Oxford-street. I have been in the habit of dealing with Mr. Gadsden, and paying ready money daily for the articles I received from him—there is no debt due to Mr. Gadsden—I have been in the habit of filing the receipts for trifling sums—they were always paid—I never paid any accounts myself—I have taken these receipts from the file, and I have also a book in which these sums are receipted—whoever received the money receipted the bills, and then signed the amount in this book, which was kept by me.
Cross-examined by MR. PARRY. Q. You did not have any transaction with the prisoner at all? A. No, it was one of my servants.
CHARLES JONES . I am in the service of Mr. John Gadsden—he is in ill health, and does not attend to his business—I have the superintendence of it—the prisoner was in his employ, and it was his duty to collect accounts, and to account for them when he returned from the customers he had to serve—it was his duty to account to me or to another witness, who is here—the whole of the receipts on these three bills are in the prisoner's handwriting—some part of these bills is printed—they are my master's bills—the whole of the writing in this book, produced by Mr. Perry, is the prisoner's—I here find an acknowledgment for these bills in the prisoner's writing—these sums have not been accounted for—here is a book which we keep, which is the prisoner's handwriting, and they are not in it—all amounts which he received must appear in this book—he has never accounted to me for any one of these amounts—I told him several times that there was a sum due from Mr. Perry, and asked what was the reason of Mr. Perry's account being so large—he said Mr. Perry was out of town—I gave him three distinct bills in an envelope to Mr. Perry.
Cross-examined. Q. How long bad the prisoner been in Mr. Gadsden's employ? A. I think four or five years as a porter—the business has been going on under my superintendence about twelve months—during the whole of that time Mr. Gadsden has taken no part in it—he has been residing at Sydenham—he has looked in, but he does nothing—he does not examine the accounts—he stays about an hour—he comes about once a week—I account to him for what I do in the business—we take stock every three months—Mr. Gadsden does not take stock with me—he leaves everything in my hands—the business is not in the hands of trustees—Mr. Reece is the other person to whom the prisoner accounted, but to no one else—Mr. Reece was at the books—there are several other persons there, but they have nothing to do with money—I cannot say that the prisoner never accounted to any other person—I might be in the warehouse, and he might pay a sum of money in the counting-house to Mr. Reece—there was no one else in the counting-house but Mr. Reece—it is very likely that other persons have given me money which has been paid to them by him, but it is unusual—I swear that these accounts have not been paid to me—if they had they would hive appeared in the cash-book, where the prisoner puts it down himself—the whole of this book is not his writing—it is several persons' writing—we have more porters than one—this is a rough cash-book, a thing I instituted myself—it is for the writing of different individuals, and these accounts are not entered—Mr. Reece, the person who receives it, adds the dates—this signature, "G. W. S.," is Mr. Sams'—this" C. J." is my signature—this "G. C." is George Cutbush, who came after the prisoner left—I am positive Mr. Gadsden never received money himself—I do not profess to be in the counting-house—I superintend the warehouse—I cannot exactly say the day the prisoner left—he was in our service till he was apprehended—I will not swear that Cutbush was not in our service before the prisoner left—I did not take notice of it—I have not exhibited any ill-feeling to the prisoner—I charged him with dishonesty two years ago—he has not since then desired to leave—I never asked him to stay—I have had the management of the business for twelve months—I was in Mr. Gadsden service for ten years before—I have not had occasion to apply for the benefit of the Insolvent Act—I have never been in any pecuniary difficulties.
Q. Have you applied to the Insolvent Court? A. I have, sir, once—I will swear I have not more than once—I think it is eleven or twelve years ago—I paid my creditors nothing—this is Mr. Gadsden's business—it is not in the hands of the creditors, and never has been—I swear that positively.
MR. BALLANTINE. Q. Two years ago you charged the prisoner with dishonesty? A. Yes—I did not find any deficiency, but I found things going on not right—before I took the benefit of the Act I was in business as a cheesemonger—I failed for the amount of 150l.—I then took the place I now hold—I have had it ever since, and conducted the whole of one of the largest businesses in London, Mr. Gadsden's, in Ox ford-street—I took the benefit of the Act through a law-suit—not one of my creditors appeared against me—Mr. Sams has been in our employ for some time—when I told the prisoner there was 40l. owing from Mr. Perry, he did not tell me he had paid any part of it to Mr. Sams, or to Cutbush.
COURT. Q. Have you looked at each of these bills and receipts? A., Yes—I have not received either one or the other—they do not appear in the book.
Cross-examined. Q. Do you say that according to your recollection? A. Yes—I can positively say he has not accounted for them—I have not brought the date of this bill of 3s.10 1/2 d. with me—I have been looking at our ledgers and the prisoner's book—I go by the book and prisoner's round book—that is the only way in which he can pay money in—these two books are his writing—he entered the whole of them till he left—when he paid in money he summed it up to a total in the round book—here is a sum total—he was in the habit of paying these sums immediately on his coming home—when I receive the amounts I make an entry in the ledger—I put the date to that—he used to account to Mr. Jones, to Mr. Sams, and to me—he did not account to Cutbush—he had nothing to do with cash till the prisoner left—I see under the date of October the 17th here is G. C. twice—that was before the prisoner left—I think it was three days before the prisoner was apprehended that Cutbush came to the books—the prisoner could not account for money in any other way, but entering it in these books—he must pay it through this book—Mr. Gadsden very seldom comes to town—I am not aware that there has been any arrangement between Mr. Gadsden and his creditors.
WILLIAM BARTON (police-constable C 93.) I took the prisoner in Hart-street on the 24th of Oct.—I told him he was charged with embezzlement—he made no answer—I took him to Mr. Gadsden's establishment, No. 273, Oxford-street—Mr. Jones said to him, "What have you been doing?"—he said "I have taken a few shillings, and made use of it." (The prisoner received a good character.)
GUILTY . Aged 19.— Confined One Year.
(There was another indictment against the prisoner, and Mr. BALLANTINE stated, that in the case of Mr. Perry alone he had embezzled 50l.)
OLD COURT.—Thursday, November 26th, 1846.
Fourth Jury, before Edward Bullock, Esq.
51. WILLIAM BIGGS was indicted for burglariously breaking and entering the dwelling-house of Benry Hurley, at St. James'-street, Westminster, with intent to steal, and stealing therein, 1 watch, value 3l., the property of John Joel.
GUILTY . Aged 20.— Confined Twelve Months.
EDWARD ONSLOW . I am a cab-driver, and live in Chapel-street, Tottenham Court-road—on Saturday afternoon, 3rd Oct., about five o'clock I went into a coffee-shop in Mill-street—the prisoner was sitting there—I asked him to let me pass him—he refused—I tried gently to pass him—he pushed me out—I said, if you do not let me pass, "I will give you a slap in the face"—he said, "Do it"—I told him to put down the knife—he had an eating knife in his hand—he was eating when I came in—he put the knife on the table—I struck him slightly on the face with my open hand, and went back a few paces, and he took up the knife and followed me with it in his hand—there was a man named Morriss there—the prisoner made a deliberate thrust at me with the knife, and stabbed me in the side, between the ribs—I was taken to a doctor's, and then to the hospital—the prisoner went with me.
Cross-examined by MR. BALLANTINE. Q. This is your father's prosecution, is it not? A. Yes—I had no desire to bring the matter forward, but my father insisted on it—I do not know that my father had a quarrel with the prisoner's father—it was a back-handed blow—we are both cabmen—I believe the prisoner suffers from sciatica very acutely—he had got one of his legs up when I asked him to allow me to pass—I did not press past him—he would not suffer me—he had a knife in his hand, as he was eating off a bone—he followed me to the hospital—I do not think he went with the intention of doing me any service, but to do himself service—he went with me to two surgeons on the way to the hospital, but they were out—I was at the hospital about six weeks—the prisoner came there to see me twice, and his wife came—they sent me a little tea—I may have told the surgeon at the hospital that it was a mere accident—somebody said it was done on purpose—I believe I said it was a friendly scuffle.
GEORGE MORRISS . I am a caftman. I was in the coffee-shop when Onslow came in—I was facing the prisoner at the end of a settle—Onslow asked the prisoner to get up to let him come by—he said, "If you put that knife down I will come by"—he put the knife down, and Onslow hit him a back-handed slap in the face, and went back some distance—the prisoner took up the knife, followed him to the door, and stabbed him.
Cross-examined. Q. Do you know the prisoner's father? A. Yes—he and I have not been talking this matter over together since the committal by the Magistrate—I swear that—I have seen him—he came to me about it—we have not been talking about it—we never mentioned it.
Q. How came you not to tell the Magistrate that Onslow told him to put the knife down, and that he took it up again? A. I told him what I saw—the prisoner had a bone in one hand and a knife in the other—Onslow's father came to me to get a warrant out—I did not go to the man who said it was not an accident—hisdef1-144-18461123 name is Shiney; he is not here, I saw him at the hospital, and asked if I should take his cab home.
JOHN HENRY ROGERS . I am house-surgeon at the Middlesex Hospital. On the 3rd of Oct. Onslow came there—I examined him, and found a wound on the left side of his chest, directly over the heart, not penetrating into the chest, but gliding upwards, beneath the muscles, to the depth of between two and three inches.
Cross-examined. Q. What made it necessary that he should remain in the hospital so long? A. It was necessary to watch the symptoms with great care, lest the membranes of the chest should become inflamed—when he came
to the hospital I asked how it happened—as far as I recollect, it was said to have taken place in a scuffle—I do not remember his telling me it was not done for the purpose, but that is the impression on my mind—the wound is not quite healed—I did not keep the wound open to prevent inflammation of the membrane—I let it heal as quickly as it could—that is the way to prevent inflammation of the membrane.
NOT GUILTY .
Before Mr. Justice Coltman.
NOT GUILTY .
NOT GUILTY .
GUILTY . Aged 19.— Transported for Fifteen Years.
NEW COURT.—Thursday, November 26th, 1846.
Sixth Jury, before Mr. Recorder.
GUILTY . Aged 20.— Confined One Month.
GUILTY . Aged 17.— Confined One Month.
GUILTY . Aged 17.— Confined Two Months.
GUILTY . Aged 20.— Confined Four Days.
(The prisoner received a good character.)
WILLIAM BOARDMAN . I live in Wilmington-street, Wilmington-square, and am assistant-clerk to the Company of Proprietors of the Waterloo-bridge. I have not their Act of Parliament—Mr. George Powell, the secretary of the company, has the custody of it—he was here yesterday.
JOHN MAY . I am a police-inspector at Chelmsford. On the night of the 5th of Nov., on my return from the station at Springfield, I found the prisoner in my office—he told me he came to surrender himself up, having absconded on the Saturday before with 25l. of the Waterloo-bridge Company,
and said he was a toll-collector—I asked him several questions to test the truth of his assertion, and, having reason to believe it, I took him into custody.
WILLIAM BOARDMAN re-examined. Q. Do you know what office the prisoner filled? A. The office of toll-collector on the Surrey side of Waterloo-bridge—I did not miss him at any time from his station—of course, he was away when he was at Chelmsford—he was to account to me in the office day by day—he does not come into the office till an hour and a half after the specified time of his remaining on duty—he ought to have been in the office on Saturday, the 31st of Oct., at half-past two o'clock, and he did not come—I have informed my principals that this case is before the Court—they have no wish to press the matter.
Cross-examined by MR. DOANE. Q. The company have never made any charge against him? A. No, they have not—they have got back the whole of the money—he was recommended by a certain noble gentleman, who immediately he heard of it paid the whole amount.
NOT GUILTY .
MESSRS. RYLAND and LAURIE conducted the Prosecution.
JOSEPH PARRY . I am a builder, and live at No. 24, Houghton-street, Newcastle-street, Strand. On Monday, the 16th of Nov., about one o'clock in the morning, I was passing up Holborn-hill on the north side—I was returning from a friend's house in Crispin-street, which I had left about half-past twelve o'clock—I crossed New Farringdon-street, and observed two females, as I thought, before me—I passed them, and one of them said, "My dear, where are you going to?"—they were the two prisoners—I turned round instantly, and said "Going home"—they then left one another and one came on the other side of me, and one remained on the side he was—they begged me to go somewhere to give them something to drink—I cannot recollect the words they used—I did not stop—I said I would not as I was going home—I proceeded onwards—when we got to the corner of Field-lane one of them, (I do not know which,) said, "We both reside here; will you go to our own home, and give us something to drink there"—I said no, I was going home, I would have nothing to do with them, still walking up Holborn-hill—when about half way up Holborn-hill, opposite Shoe-lane, the tallest prisoner, Anderson, put his hand on my coat collar, and begged if I would not go anywhere to treat them, that I would give them something to treat themselves—I declined to do so—I had a great coat and a shawl on my neck, and a pin in it, which I saw as I passed the lamp—I was buttoned up tight, and it was projecting forward—I have no doubt this is the pin (looking at it) that was in my shawl—I could not positively swear to it as I have got no private mark on it—when I said I would have nothing to do with them, and I would give them nothing, both the prisoners left me—they crossed the road to go down Shoe-lane—I looked down and missed my pin instantly—there was a policeman within two or three yards—I have heard his name is Whitmarsh—I said to him, "Did you observe those two women talking to me"—he said, "I did"—I said, "They have stolen the pin out of my breast"—he did not follow the prisoners—he called to two policeman on the opposite side and said, "This gentleman has been robbed of his pin"—the prisoners were followed—I crossed and went up Shoe-lane, but no further than the end of the church wall—I met the two policemen returning back with the prisoners, and they
took them to the station—I am quite certain I had the pin safe shortly before I met the prisoners—I had not spoken to a soul after I saw the pin safe before I met the prisoners—I was perfectly sober.
Anderson. You asked me to go home with you, and offered me 3s.? Witness. I never made such a proposition I solemnly declare.
WILLIAM GEORGE WHITMARSH . I was one of the City police, but I have since left the force—I was on duty on Holborn-hill on Monday morning, the 16th of Nov.—I there saw Mr. Parry and the two prisoners in conversation underneath the lamp-post—they were at the time standing still—the prisoners were dressed as females—Anderson was next to the prosecutor, and Sullivan was about two feet behind, near the corner of Union-court, facing St. Andrew's church—I saw Anderson's hand on the collar of the prosecutor's coat, in the act, as I thought, of whispering to him at the time—I ordered them to move on—I then had occasion to go up a court to see that all was right—when I returned I saw the prosecutor—he said, "Did you see those women? "I said I did—he said, "They have robbed me of my pin"—I gave information to Templeman—he and another policeman pursued them up Shoe-lane—I proceeded a short distance up Shoe-lane with the prosecutor, and met the prisoners in custody being brought back—they were the persons I had seen with the prosecutor on Holborn-hill—the prosecutor was perfectly sober—I believe I have seen Anderson before in female attire, but I could not swear it.
Anderson. You never saw me before. Witness. I have seen you before, but where I cannot say.
WILLIAM MERLE TEMPLEMAN (City police-constable, No. 253.) I was on duty on Monday morning, the 16th of Nov., in Field-lane, Holborn—Bullen, another constable, was with me—it was about one o'clock or a little after—I saw the prosecutor, and the two prisoners, who were dressed in female attire—we watched them for a time—they made a stop at the corner of Plough-court—the moment we came out of Field-lane they moved further up the hill, in company with Mr. Parry—when they got a few yards up, Sullivan made a stop with his back to the shutters—Anderson and the prosecutor proceeded on a few doors higher up the hill, about twelve or fourteen yards—Sullivan then moved on and joined them—they were in company then for about a minute—I saw the prisoners suddenly leave Mr. Parry, cross the road, and go up Shoe-lane—Whit-marsh said something to me, and I went up Shoe-lane and pursued the prisoners—Bullen was with me—we overtook the prisoners just before we got to Stonecutter-street, which is about 200 yards up Shoe-lane—they were making a stop against the dead wall of the market—we took them to the station—Anderson gave the name of Emma Anderson, and Sullivan the name of Jane Wilson—they were there discovered not to be women—they were searched by the female searcher—here are the clothes in which Sullivan was dressed—here is a pair of stays, a piece of black velvet which he wore round his neck, and some wadding which formed the breasts—this is a white veil, and this is the remains of a bonnet—he destroyed it after he was locked up—it was found partly in the water-closet—here is some false hair—this is all we could possibly bring of that, as it was in such a mess—here is the body of the gown that Sullivan had on—I have one silk stocking—another stocking was discovered, but it was in such a mess it could not be brought—here is a small comb which attached the false hair on—this other bonnet was on Anderson—this is a cloak which Anderson wore—here is a fur boa which was taken from Sullivan—these things of Sullivan's appeared clean when we took them—they are now in a totally different state—these clothes, worn by Anderson, are in the same state that they were—they were not thrown down the water-closet—this
is a white petticoat that was taken from Anderson—they were dressed entirely as women—they had nothing at all that belonged to man's apparel about them.
Sullivan. I had my shirt and trowsers on. Witness. He had a man's shirt on after he was stripped, but it was quite disguised—no one could see it—there were trowsers, not worn, but put round them to form a bustle—the prisoners were handed over to the female searcher—she passed Anderson as a woman—Sullivan
was then brought in, and he had not been in long before the female-searcher called out, "Templeman, come in"—I went in—he had everything on as a woman—the female-searcher told me in his presence that he was a man—he turned round and said, "I am as good a man as you are"—they were taken back to the bar—I searched them, and found they were men—they each wore a napkin so placed as to conceal their sex, and by that means the female-searcher passed one of them—I found every article of female apparel on them, except a man's shirt on one of them—the other I believe had a chemise.
THOMAS BULLEN (City police-constable, No. 273.) I was on duty with Templeman on the morning of the 16th of Nov., about ten minutes after one o'clock—we came to the top of Field-lane, and saw the prosecutor at the end of Field-lane, and the two prisoners standing on each side of him, alongside of Plough-court, about twelve yards from Field-lane—they walked a distance along the foot-way with Mr. Parry—I then saw Sullivan step back and put his back to the shutters—he remained there about a minute, when he followed and came up quite close to Anderson and Mr. Parry—they stopped there about a minute—they then left Mr. Parry, and walked quickly across the street, and went up Shoe-lane immediately—Mr. Whitmarsh called me—he gave me and Templeman directions—in consequence of which we pursued the prisoners up Shoe-lane—Baker joined us in Shoe-lane—we overtook the prisoners just by the market, near Stonecutter-street—I and Baker, and Templeman, took them—when I arrested Sullivan he went off the foot-pavement on to the street, and said, "You b—r, I will not go with you!"—he made two or three attempts to strike me, but I held him off—Templeman came to my assistance—we brought both the prisoners to the station—as we were coming back along Shoe-lane, we met the prosecutor and Whitmarsh coming up against us—the prosecutor saw the prisoners, and charged them as being the persons who robbed him—we took them to the station in Smithfield—I saw this cloak and this bonnet on Anderson.
COURT. Q. You saw Anderson in these clothes, and after he came out of them? A. I did—he is the same person.
JOHN Baker (City police-constable. No. 255.) I was on duty in Shoe-lane on Monday, the 16th of Nov., about twenty minutes past one o'clock—I saw the prisoners—they were coming up from Holborn, rather fast, laughing and talking—I stood at the end of Plumtree-court while they passed on—one of them said, "What fools we were to be waiting about so long; it was d—d bad stuff, it was not worth waiting for"—they were then walking along Shoe-lane, as I was standing at the end of Plumtree-court, which is about 100 yards up Shoe-lane, between the church and Stonecutter-street, which is about 100 yards further on—I went on towards Holborn, and met the two other constables—I returned with them after the two prisoners—I passed both the other constables, and took hold of Anderson—I said, "You must go to the station with me"—he said, "What for, we have not done anything?"—I said, "Come to the station, and I will tell you"—he came on very quietly—the other officers took Sullivan—we took the prisoners about twenty-five yards from Stonecutter-street, on the Holborn side—there is a
urinal about two yards from where I took Anderson—he was dressed in a cloak and bonnet—both the prisoners were dressed in female attire—Sullivan had this red plaid-shawl on, and this other shawl on the top of it—I recollect that this is the body of the frock that Sullivan had on, and he had this green bonnet—it was not in the state it is now, it looked clean and tidy.
JAMES SEYMOUR . I am one of the City toll-collectors, at the corner of Stonecutter-street and Shoe-lane—I was there about ten minutes or a quarter past four o'clock in the afternoon on Monday the 16th of Nov.—there is a place which is used for public accommodation—I went near there and found a pin—I believe this is it—(looking at one)—I told the policeman on duty that I had found a pin, and the owner could have it by giving a description of it—I afterwards went to the station, and saw Epps, the policeman—I had kept the pin till then, and I gave it to him—I have no doubt that this is the pin—I found it about ten yards from Stonecutter-street.
GEORGE HAMS (City police-constable, No. 275.) I saw the prisoner Anderson on Monday evening, the 16th of Nov., at the station, and I had seen him three times before of an evening in female attire, within three weeks of the 16th of Nov.—he was dressed perfectly like a woman, going about under the windows—I supposed it was a woman going about to cut windows, by "starring the glaze"—the first time I saw him to take notice of him, was the last week in Oct.—I was coming down from St. Martin's-le-Grand, and met him, and when I went up again I saw him at the top of Newgate-street, on the righthand side, at the end of Cheapside—he was under my notice about ten minutes—once when I met him I made a stand, and he turned and looked into a window—I looked at him right in the face—I saw the prisoners at the policestation in female attire—I cannot say that Anderson was dressed in the same attire that I had seen him in—it was a dark bonnet and dark cloak—there was a general resemblance in the things—I am quite sure Anderson was the person I saw before.
Anderson's Defence. I deny the charge entirely; they were my sister's things which we both had on; there was no one at home, and we came out for a lark; I never touched the pin; we came out for the fun of the thing.
ANDERSON†— GUILTY . Aged 21.
SULLIVAN— GUILTY . Aged 19.
Transported for Fifteen Years.
GUILTY .— Fined 20l.
63. JOHN GEAR and JAMES CARR were indicted for stealing 5 wooden boards, value 1l. 15s.; the goods of Robert Walker, their master; and EDWIN WILKINSON for feloniously receiving the same, well knowing them to have been stolen.
GEAR pleaded GUILTY . Aged 21.— Confined Six Months.
CARR pleaded GUILTY . Aged 17.— Confined Three Months. Recommended to mercy.
MR. RYLAND conducted the Prosecution.
ROBERT WALKER . I am a frame-maker, and live in Pear Tree-court, Clerkenwell. Gear was my apprentice and Carr my journeyman—Wilkinson had been in my employ previously—on Monday, the 2nd of Nov., I missed some mahogany boards—I went to Wilkinson's lodging, in Wingrove-place, Corporation-lane—I went to his shop again on the Thursday, and saw five mahogany boards there belonging to me—I went up to him and asked him if he knew any person in my line, who was out of employment—he said if I would step down stairs, he would tell me—I said, "No, you seem to have plenty of work and plenty of wood—I wish you to tell me where you purchased it"—he said, "If you come down, I will tell you"—I said, No, I knew enough that they were my property, and I should give him in charge—he fell on his knees and begged I would not, for the sake of his friends and his family—I told him he did not consider my family, that he had been robbing me through thick and thin—he told me he bought the boards of Jack and Jem, (meaning my apprentice and journeyman,) and at the station he said he thought they were their property—I gave him in charge for having that property, knowing it to be stolen—I took a policeman, and went immediately back to my shop—I found Gear down in the court—he was going to cut up some boards—when he saw the policeman, he ran into the shop—the policeman and I followed him—when we got into the shop, Gear was coming towards me, and Carr following him—I told them I was satisfied they had been robbing me, and I had found out where the stuff was—I gave them in charge—a key was found on Gear—the policeman asked him if it belonged to me, and he said it did—I thought it was my street-door key, but it was not—it will open my shop—I am certain these five boards found at Wilkinson's are mine—I know them by the grain of the wood, and the shape of the log—I have part of it now on my premises.
Cross-examined by MR. CLARKSON. Q. Gear is out of his time this week? A. Yes—Carr is my man—Wilkinson worked for me about six mouths ago—he now worked in an up-stairs room—I cannot tell how long he had been working for himself—his shop is about a quarter of a mile from me—I never sold him wood but once, that was a mahogany board—he knew that Gear and Carr were in my employ—the value of the five boards is 35s.—they are Honduras mahogany—there is a great quantity gone—these were standing in his shop when I went there.
COURT. Q. Did he know that one of these prisoners was your apprentice, and the other was engaged in your shop? A. Yes—he could not suppose that they had any authority to dispose of property—I did not sell any mahogany to my apprentice or servant, or allow them to sell it.
RICHARD SLAUGHTER (police-constable G 231.) Wilkinson was given into my custody—he said, "I am very sorry—I have been too avaricious—I thought I should be found out before long—what do you think I shall be done to?"—I said I did not know—I took him to the station—I went back and fetched the boards.
(Wilkinson received a good character.)
WILKINSON— GUILTY. Aged 17.—Recommended to mercy by the Prosecutor and Jury.— Confined Three Months.
MESSRS. RYLAND and LAURIE conducted the Prosecution.
On Monday, the 9th of Nov., the prisoner came in rather before nine o'clock in the evening—he was very tipsy—he asked for a bottle of soda-water, which he drank and paid for it—I tried to persuade him to leave the shop, but he would not—it was getting near ten o'clock, and I was obliged to get the policeman to remove him.
JOHN MONAGHAN (City police-constable, No, 541.) I was called into the shop, and saw the prisoner—he was putting out some money and swinging about the shop—the witness requested me to remove him—I requested him to leave the shop—he would not—I felt it my duty to take him into custody—I took him to the Fenchurch-street station, and Mr. Marchant put him into the cell—I was called in afterwards, and saw Martin and the prisoner wrestling on the floor—the prisoner had a knife in his hand, and Martin had sustained an injury—I saw his hand bleeding—I assisted in securing the prisoner—I did all I could to get hold of him—he made several stabs at me with the knife, and struck me several times with a stick which we have in the office—I got cut on the chin—Martin went away to the surgeon.
Cross-examined by MR. HORRY. Q. Did you see the prisoner searched and some money taken from him? A. No, not till he went to the Bow-lane station—that was after he bad done the mischief.
MR. RYLAND. Q. IS it not a rule, that if a man is brought in merely drunk, you do not search him? A. Yes, it is.
WILLIAM MARCHANT . I am an inspector of police—I was on duty in Fenchurch-street station on the 9th of Nov.—the prisoner was brought in about half-past nine o'clock—he was drunk—he was not violent then—I advised him to go and sit down in the cell, and he should go home in two or three hours when he got better—he went very quietly and sat down for a few minutes—he then began to make a great noise—I thought he would break the door open—I went to remonstrate with him, and on opening the door it came open so violently that the edge of the key cut my arm—the prisoner came out so violently that I fell back—Martin came in, we laid hold of him, and put him down—I went out to fetch some assistance—I found the prisoner was a very strong man—when I came in I saw Martin and the prisoner on the ground—Martin said, "Take care, he has got a knife in his hand," which be had—Monaghan followed me in—I said, "Do not strike him, if you can help it"—I then took a small stick in my hand and let the prisoner take it, to take his attention from the knife—he struck several blows with the stick—I then rushed upon him and got the knife from his hand—Martin's hand was wounded.
HENRY MARTIN (City police-constable 49.) The prisoner was brought to the station—I was called in by the inspector, who said the prisoner had injured his hand very much—I went to his assistance—the prisoner was standing in an inner room—I took him by the collar and took him to the dock—the inspector went out to call in assistance—I held the prisoner by the collar, and he put his hand into his pocket—he rushed at me and said, "You b—r, I will do for you"—he had a knife in his hand—to protect myself I threw him into the fire-place, and myself on him—we were struggling there till the inspector came in—during that time the prisoner had cut my hand—I found it cut afterwards, when I succeeded in getting away from him—I did not see him do it—I had a hard matter to keep him from stabbing me—he attempted to stab me while I was on the ground—I prevented it by holding his hands—I left him and went to the surgeon.
GEORGE BORLASE CHILDS . I am surgeon to the police-force—Martin applied to me on the morning of the 10th of Nov.—he had a wound on his left hand, between the fore-finger and thumb—it was an incised wound, about an
inch long—it was superficial, but situated over the principal arteries of the hand—I dressed it, and he has been under ray care ever since—it was a dangerous place—a most trifling wound of the thumb would occasionally produce lock-jaw—if the wound had been one-eighth of an inch deeper, the arteries must have been wounded—Mr. Marchant had a contused wound on his left hand—it is healing, and is no permanent injury.
JURY. Q. Might such a wound be inflicted by a person endeavouring to get a knife from another? A. It is impossible for me to give an opinion on that subject.
(The prisoner received a good character.) GUILTY. Aged 28.—Recommended to mercy by the Jury, being intoxicated at the time.— Confined Three Months.
OLD COURT.—Friday, November 27th, 1846.
First Jury, before Edward Bullock, Esq.
65. JAMES HARDCASTLE was indicted for forging and uttering an acquittance and receipt for the sum of 1l. 1s.9d., also a warrant for 3l.11s. 6d., with intent to defraud James Thomas Sarson, to both which he pleaded
GUILTY .— Confined Twelve Months.
66. FRANCIS BRADELEY was indicted for breaking and entering the dwelling-house of William Triptree, at St. Pancras, and stealing therein 1 box, value 4s.; 7 sovereigns, 1 half-sovereign, and 1 10l., bank-note, his property.
WILLIAM TRIPTREE . I keep the house, No, 23, Gray'a-road, Camden-town, in the parish of St. Pancras. The prisoner lodged with me—on Sunday, the 20th of Sept., between five and six o'clock in the evening, he went out—I and my wife went out afterwards, leaving nobody in ray apartments—I occupy the shop, parlour, and kitchen—I fastened it all up and locked the door—the windows were shut down close, but not hasped—nobody could get to the shop and parlour without breaking in—we returned together in about two hours and a half, and found the parlour window about five inches up—it opens into a close back court—the door was still locked—I found a writingdesk, work-box, a drawer, and a cash-box, all open—I had left them all shut and the cash-box locked—I missed a tin box out of the cash-box, with a 10l. note, and seven sovereigns and a half in it—I saw the money safe not two hours before I left, and had it in my hand—I had opened the note, and saw a hole in it, apparently cut by some sharp instrument—I looked at it particularly, thinking it might have been cut when folded up, and that there might be four holes, but there was not—my wife had given it to me—I was with her when she received it from the Bloomsbury bank—when the prisoner came home I gave him in charge—he was discharged afterwards.
Cross-examined by MR. BALLANTINE. Q. Was he searched? A. Yes, and fifteen pence and a ruler found on him, neither gold nor notes—his room was not searched—the policeman who took him in charge is discharged from the force—I never said I had a very bad lot about me, and did not believe the prisoner was the thief—I never said I did not believe it was the prisoner.
PHŒBE ANN TRIPTREE . I am wife of William Triptree. On the 9th of May I went to the Bloomsbury Savings' Bank, and received two 10l. notes and 5l. in money—I gave the notes to my husband—on the morning after the robbery I went to the Bloomsbury Bank and got the numbers of the 10l. notes, and then went to the Bank of England.
Cross-examined. Q. The prisoner was out when you left the house? A.
Yes, he left a quarter of an hour before us, and was out when we returned—there is nobody to prove he was in the house while we were gone—a man and his wife and four children lived in the house—they were the only lodgers—we had other lodgers, but they were out of town.
THOMAS THOMPSON . I am cashier at the Bloomsbury Savings' Bank, Montague-street. On the 9th of May I paid 35l. 1s. 11d. to Phœbe Ann Page—it was two 10l. notes, Nos. 06709 and 06710, dated 6th of April, and two 5l. notes, and the rest in silver.
Cross-examined. Q. You do not remember the person? A. No—it was to a person having an account there—I have her receipt.
JOHN GILLINS . I am a hatter, and live at Birmingham. On Tuesday, the 13th of Oct., the prisoner purchased a hat of me, which came to 14s. 6d., and gave me a 10l. note—I gave him the change—as he was a stranger to me, I asked his name—he said Francis Bradeley—he left my shop and returned in about twenty minutes, as he had left a handkerchief on the counter as he thought—he then left, saying he was going by the ten o'clock train to London—in about half an hour I sent the note and other money by my son to the Bank—lam sure I sent that note—I had no other note—I noticed that it was much torn and rumpled, and before I sent it I repaired it with a little tissue paper—I saw the note at the police-office and knew it.
Cross-examined. Q. Is your son here? A. No, nor anybody from the bank—I had not known the prisoner previously—he gave me his correct name and address in Birmingham—I have ascertained that he worked some years at Birmingham, and that he bears a very honest character.
Cross-examined. Q. It has been cancelled? A. Yes—when notes come back they are often damaged and pasted together with all sorts of paper—this note is a good deal like other notes.
Cross-examined. Q. Does that memorandum assist you in your conclusion? A. Not much—it does in some measure—it does not represent the number of the note altogether—my name was found in the prisoner's hat.
CHARLES CLOKE (policeman.) On the 26th of Oct. I took the prisoner in charge—a person named Smith asked him in my presence if he knew a person named Gillins in Birmingham—he said, "Yes"—he asked if he did not buy a hat there—he said, "Yes"—he asked if he changed a 10l. note there—he said, "Yes"—he asked him if he knew who Fox was—he said, What is that to you"—Smith said he gave him in charge for the robbery at Triptree's—he said he was lodging at Grove-street, Camden-town at the time—he went into his own room, pulled off his hat and put it into a box, and changed some of his clothes—I took him to the station.
Cross-examined. Q. He said at the Police-court he had changed a note at Mr. Gillins's? A. Yes—he gave me all the information which turned out to be perfectly correct—I am not aware that a person named Fox is suspected of the robbery—I am not looking after Fox—I have not heard that he is being
looked after for this robbery by my brother officers—I know the name of Fox—I never beard that they were looking after him.
COURT. Q. Have not you heard anybody say somebody was looking after Fox? A. Not lately—I may have heard it—I never heard Fox's name mentioned except when Smith asked the prisoner if he knew who Fox was.
COURT. Q. IS this your writing? (handing him his deposition.) A. Yes—he was asked who a person named Fox was, but the gentleman asked me if our officers were looking for Fox.
Q. Your deposition says, "He then said that was the person Mr. Triptree was looking after?" A. What I said is true—I never heard a person say they were looking for Fox.
NOT GUILTY .
Before Lord Chief Justice Denman.
MR. EVANS conducted the Prosecution.
JAMES HORTON . I am a surgeon, and live in High-street, Stepney. On the 31st of Oct. I was called in to attend the deceased—I found her affected with pleurisy, of which she died—I did not examine her right side when I first saw her, to see if it was bruised—I touched it with my hand—I was not aware at first that she had received blows.
COURT. Q. If she had received blows on the 8th of Sept. might that have produced the state in which you found her? A. I think not—I think the time was too long—when I made the post mortem examination there was no external marks of violence whatever—I had applied a blister to her side—pleurisy may be produced by external violence, but I think not after so long a time—it was very accute, more likely to be produced by a sudden cold shortly before death than from any injury—she died on the 6th of Nov.
JANE SWANCEY . On Tuesday afternoon, the 8th of Sept., I was in Samuel-street, at my house, No. 23—Mary Fitzgerald, the mother of the deceased Julia Fitzgerald, lives at No. 8—I saw the deceased run into the street to rescue her mother from Mrs. King, the mother of the prisoners—Richard King stood against his own door, and by the time Mrs. King got up to the door he struck the deceased a violent blow on the shoulder—I saw Green standing at her mother's door—she said, "I will rule this roast, I will have a ringer in the pie," and struck the deceased a violent blow in the chest—the prisoner Sumner had a child in her arms, and gave her child to somebody at the door and said, "Here, take my child, I will have her b—y liver out"—she gave her a violent blow on the side, saying, Take that, you b—h"—somebody said, "Here comes the policeman," and I turned away—the policeman went with me up to the door.
Cross-examined by MR. CLARKSON. Q. Were you present when this began? A. Yes—the deceased's mother was speaking to me at the window—they had had a quarrel on the Monday.
Q. I believe Mrs. Fitzgerald, the mother, wanted to take away the goods, which were liable for rent? A. No—she came out with a bundle—Mrs. King put her hand up—she said, "You d—d cat, I will serve you out"—I saw Mrs. King returning from Mrs. Fitzgerald's with a bundle of things which Mrs. Fitzgerald had brought out of her apartment—I had seen her bringing them out at the street door—one corner of the table-cover which they were in came undone, and something fell out, which I thought was the back of a waistcoat—Fitzgerald is a waistcoat-maker—I do not know whether Mrs. King
had become security to the slop-seller for the work—I afterwards went with Mrs. Fitzgerald before the Magistrate—that was long after the 8th of Sept.—it was about the piece of work which happened on the Monday night—no charge was then made against the prisoners of assaulting the daughter, not till after the death—I saw a sofa brought out of the house that night—I cannot say who brought it out, for there was such a mob in the street—I think it was carried out by one of the elder Fitzgeralds, but who I do not know.
MARY FITZGERALD . I am the deceased's mother. On Monday, Sept. 7th, I had a struggle and contest with Mr. King—I went next day to get a warrant against him, both before and after the assault on my daughter—on the 8th of Sept., between two and three o'clock in the afternoon, I was standing talking to Mrs. Swancey—Mrs. Green and Mrs. Sumner came to the door—Mrs. King shook her fist at me, and said, "You old cat, I have got you, and I will serve you out"—I heard a noise, ran across, and Mrs. Green said, "I will rule this roast, and will serve you out"—my daughter had some things which we work upon, and ran out with them in a cloth—Mrs. King knocked me down—my daughter saw me and ran to my assistance—Mrs. Sumner struck her a violent blow, and as she entered the door she struck her a violent blow on the right ride—they struck her several blows in the house—she came to the door—Mrs. Green struck her a violent blow in the side, and she nearly fainted—Richard King struck her a violent blow over the right eye and in the side—she had the marks for three weeks, and William King held her while the two sisters beat her—he is a young man about twenty-two—he is not here.
Cross-examined. Q. Who are the slop-sellers for whom you work? A. Mr. Robertson—my daughter and I both did slop-work—Mrs. King was not security for our work—she was for some which had been taken home—I owed her 12s. 6d. rent when this took place—it was back rent, which we had been paying off, and had been owing since Christmas—our circumstances are very bad—I was going out that afternoon with a bundle of work, which Mrs. King took from me—it was waistcoats, trowsers, duplicates, some bits of ribbons, and other things, not the principal things which were in our lodging—the duplicates fell out—some were picked up—the bundle was in a tablecover, which was mine.
Q. Did not Mrs. King say, "You must not take away those things, I am security for the work, and the goods are liable for your rent?" A. She said nothing of the kind—I was not taking them to prevent her getting her rent—the things besides the work were not worth 1s.—she took them from me without giving any reason, and knocked me down—my daughter and I carried out a sofa after dark that night, but with Mrs. King's leave—she said she would forgive me the 12s. 6d., if I got another place—there was a bed, a quilt, and some china and other things left—my daughter and I carried the sofa to the back of Mrs. King's house after my daughter had had the blow—she did not go to work the same day—I did not hear her say she would give them as good as they had given her.
NOT GUILTY .
MR. PARNELL conducted the Prosecution.
at night, I was at the Crown and Seven Stars, Rosemary-lane—the prisoner was there—he was pot-boy there—there was card-playing going on—Gale went to look at it—Hannah Buckley and the prisoner began to sky-lark—the prisoner knocked Gale in his eye with his elbow—Gale turned round and gave the girl a slap in her face, thinking she was the person who had struck him in the eye—the prisoner said, "What made you strike her? the blow was not meant for her"—after that there were a few words between the prisoner and Gale—there were no blows then—Hudson, the bar-maid, came in and said to the pot-boy, "Oh! that is Jack Gale, why don't you put him out?"—the pot-boy put him out of the card-room into the tap-room—I followed him—when he got into the tap-room he gave the prisoner a slap on the mouth—the prisoner made no reply—Gale said he would not fight there, but would take him out into the yard—Gale walked out at a side door into Blue Anchor-yard—he remained there about two minutes, then came into the house again, and as he came into the door the prisoner met him and gave him a tremendous kick in the fore part of his stomach—the kick just grazed by me—Gale fell down from the kick—I went into Blue Anchor-yard and spoke to him, but he could not answer me—he remained where he fell upwards of ten minutes, and then asked me to wipe the perspiration off his face—he turned very sick—I wished him to get up—he said he could not—he crawled from where he had fallen to the door of the Blue Anchor—that was about five or six yards-while he was there a policeman came up—he did not stay with him long—I stayed with him, and afterwards assisted him to Mill-yard with a fellow lodger—we got him home about twelve o'clock—next morning I sent for Dr. Little—on Saturday, the 7th, he was taken to the hospital—I had lived with him three months—he was in very good health when this occurred—I am not aware of his having any rupture.
Cross-examined by MR. PAYNE. Q. You are married to another person are you not? A. Yes—it was not the landlord's sister that put him out—I can positively swear it was the prisoner put him out—I will swear the prisoner struck him in the eye—it was not Hannah Buckley—I have heard her swear it was her, but it was not—I do not know what the words were between them—I will swear Gale did not in my presence call the prisoner a broadfaced b----r, and say he would jump on his b----y breast-plate, as he had served his father before him—I was there the whole time, and he never used words of that description—I cannot recollect what he did say—Gale had been forbidden the house before—he was a very quarrelsome man when in liquor—he was more healthy and stronger than the prisoner—the landlord was not in the tap-room—I believe the house was in the care of Mrs. Hudson and the prisoner—Gale struggled a little when he was put out, but not much—he was perfectly sober—it commenced about half-past ten—it was not half-past eleven—it did not last very long—when the kick was given, the prisoner was standing with the door in one hand, and the other hand on the side of the wall, and as Gale came in he gave him a kick with his right foot—I saw no blood when Gale slapped the prisoner in the mouth—if there had been any, I must have seen it—it was a slight blow, that would not kill a fly—I was quite sober—I had had nothing but tea and coffee—Gale had had nothing but a pint of porter—he did not remain outside for some time abusing the people of the house while I was with him—he fell the instant the blow was given, and never spoke to anybody but me—he did not stand at the door and abuse them—several men were present when the kick was given—none of them interfered—nobody came to his assistance from the Blue Anchor—as soon as he got home he fell again, and rolled about for half an hour, like a person out of his mind—he would not have a doctor that night—he said he would leave it till the morning
we did not get Dr. Little till about five o'clock on Friday evening—I went to him in the morning and told him what was done, but he would not come till I got an order from the union—he then came and gave me an order to go to the London Hospital—Gale walked there himself on Saturday.
MR. PARNNEL. Q. Did you walk with him? A. Yes—it took us three hours and three-quarters.
PEARCE DRISCOLL (policeman.) On Thursday, 5th Nov., I saw Gale sitting on the step at the Blue Anchor—Cook stood by him—he appeared in pain—he was taken away—I apprehended the prisoner—told him the charge—he said he kicked at him, but did not kick him, and that he was obliged to stand in his own defence.
Cross-examined. Q. Did not he say, "He was no match for me? A. Yes.
COURT. Q. Did you know Gale? A. Yes—he was about the prisoner's size, but stouter and older—he was a troublesome man, quarrelling in public-houses—I staid with him five or six minutes, till some men took him away—he appeared quite sober.
HELEN HUDSON . My brother keeps the Crown and Seven Stars, Rosemary-lane—on 5th Nov. there was a row at the house—Gale was concerned in it—I ordered him to leave the house—he refused, and I pushed him out of the tap-room in front of the bar—he went to the door, came back towards the prisoner, and attempted to strike him—I pushed Duggan back, and prevented him—Gale then attempted to kick him—I pushed Duggan back again, and Cook ran between them—I did not see the prisoner kick, he did not kick—after this struggle, I saw Gale standing in the doorway abusing the prisoner, telling him to come outside, and he would jump on him—I did not see the door shut till Gale left.
Cross-examined. Q. How old is the prisoner? A. Nineteen—he is a peaceable, quiet person—I saw his mouth bleeding when I went into the tap-room—he said in Gale's presence that he had struck him—it was me pushed Gale out of doors—the prisoner was not near him—after he tried to strike the prisoner and kick him, I heard him abusing the prisoner at the sill of the door, saying he would jump on him—I did not see him crawling on the ground—when I saw him, he walked away very well—I and my sister and the prisoner were in the house after Gale had been put out—I did not see him try to come in again—he was very much intoxicated.
MR. PARNELL. Q. How much had he at your house? A. Only one pint of beer—he was the worse for liquor when he came in—Cook and he had had a pot, earlier in the evening.
HANNAH BUCKLEY examined by MR. PAYNE. Q. Was it you or the prisoner struck Gale in the eye? A. It was me—I did it accidentally—he then struck me—I saw him strike the prisoner in the mouth, and it bled a little.
WILLIAM FREDERICK VIDOL . I am a dresser at the London Hospital—Gale was brought there on 7th Nov—I examined him—he had great tenderness over the abdomen—he died from some injury he had received—a kick would account for what I saw.
JOHN CAWOOD WORDSWORTH . I am a surgeon at the London Hospital—I made a post mortem examination of Gale—found very severe inflammation over the whole abdomen, and a laceration of one of the small intestines—I attribute his death to external violence, producing that rupture—a kick would produce it—I think he had had previously hernia, but not a rupture of the intestines—that would not account for his death.
Cross-examined. Q. Am I to understand the rupture of the intestines could not be produced by disease? A. Not that kind of rupture—I think that could only be produced by external violence, if he was kicked where the hernia was a less degree of violence would produce it.
NOT GUILTY .
MR. CAARTEEN conducted the Prosecution,
HANNAH JONES . I am single, and live in Salisbury-street, New North-road, Islington. On the 3rd of Nov., about half-past twelve o'clock at night, I was returning home—the prisoner overtook me in Bath-street, Old-street—he said, "It is a fine evening, Miss"—I made him no answer—he asked me to accompany him—he did not say where—I would have nothing to do with him—when I crossed the corner to North-street he said, "Will you take my arm?"—I said, "I will not"—he repeated the tame words, and then said, "Then loosen your shawl"—I said I would not—he immediately laid hold of it and pulled it off one shoulder—I held it on the other shoulder, and when he found he could not get it away he held it with one hand and struck me a violent blow in the mouth with the other, I having hold of the shawl at the time—it nearly knocked one of my teeth out—I have had it out since—it loosened several others, and cut my mouth very much inside—he then got the shawl, as I loosened it on his striking me—he ran down South-street with it—a policeman came up, and I followed with him—we found the prisoner standing against a hedge in South-street—I turned and said to the policeman, "That is the man, I can swear to him"—he said he had not seen me before, but I swear to him—he bad been in my company three quarters of an hour—I saw the shawl found.
Cross-examined by MR. PAYNE. Q. How came you out so late? A. I had been at a party—some friends came part of the way with me, but I did not think it needful to take them out of their way—the prisoner wanted me to go into the Green Gate public-house to drink with him, but I would not—I live about twenty minutes' walk from Bath-street.
Q. What was it that took you three quarters of an hour? A. He walked by my side, wanting to go with me—I told him several times I would give him in charge if he did not leave—that was within the last quarter of an hour—I did not say so in the first half hour—we were walking in the street towards my home, but I did not expect my mother at home, as she used the Temperance Hall, in South-street, which is kept by a friend of hers—she stops there till the meetings are over, which is generally twelve o'clock, and I went further out of my way than I might—I did not walk with anybody else—I had no spirits or porter after leaving the party, which was in Aylesbury-street, Clerkenwell—I cannot say what the prisoner and I talked about the first half hour—we walked very slowly, and we went up Britannia-row and crossed out into Islington, coming round towards South-street—I held the shawl by one corner—he did not get it till he struck me—he was taken forty or fifty yards from where he took the shawl—I suppose he took me for what I am not—I am a fancy trimming-maker, and work for a person in Hoxton-square—we crossed the Britannia-fields—I did not have any shrub at the Green Gate—I had a very small glass with him at a public-house—I resisted all his solicitations.
a cry of "Murder, and police!"—I went towards the cry, and on the road met the prisoner—I am certain he is the person—I asked what was the matter—he said I was wanted at the bottom—he was coming up the street towards me, and I was going down—after leaving him I found the prosecutrix standing at the corner hallooing at the place he described—she told me what had taken place—I turned back, as I had met nobody but the prisoner—John Jones followed me—we found the prisoner standing about 70 yards from the prosecutrix in South-street—she said that was the man, she was sure, and he had stolen her shawl, and struck her in the mouth—he said he had not seen her that night—I said, "You must have seen her, for you have just come from towards her"—he said he had come down the street—I told Jones if he had stolen the shawl it could not be far off—he had better look for it, and I saw him find it on the briar, in a garden, in South-street—I cannot say whether the prisoner had passed that place—it was about twelve yards from where he was—it was between him and the other end of the street—it was on the opposite side to the prosecutrix—the street is not very long—I met him near where it was found—it was a little above where I met him.
Cross-examined. Q. Did you know the prosecutrix before? A. No—I have not been drinking to-day—the street has two ends to it—there was nothing to prevent his going out at the other end, only there was another policeman coming down—he came up afterwards—the shawl was in the garden next to where the prisoner stood.
JOHN JONES . I live in Mile-street, Hoxton, New-town. On the morning in question I heard cries of "Murder" and "police!" and saw the prisoner running before me, down South-street—I followed him, and after the policeman passed me he met the prisoner, who said, "Halloo, you are wanted at the corner"—the policeman went on—I stood still—the prisoner crossed the road by the side of a ditch, and stopped there—the instant he was at the ditch the policeman and prosecutrix came to him—she said he was the man—in consequence of the policeman saying, if she had lost her shawl it could not he far off, I looked for it, and found it on a bramble, in front of a garden, in the street, not above twenty or thirty yards from where the prisoner was—there are houses on one side of the street, and a ditch on the other—the prisoner crossed the road to the ditch from the side where the houses are.
Cross-examined. Q. What are you? A. A butcher—I had been out late—I first saw the prisoner coming towards me—the policeman was running first, and I was following him—the prisoner passed him—I had just got up to the prisoner when the policeman came back—I saw nothing in his hand when I met him.
MR. CAARTEEN. Q. How far were you from him when you first saw him? A. Some distance—he was thirty or forty yards off when he crossed.
NEW COURT.—Friday November 27th, 1846.
Fifth Jury, before Mr. Recorder.
70. EDWARD BADCOCK was indicted for stealing 7 shillings and 1 sixpence, the monies of Joseph Whittingham and another, his masters: also 37 cigars, value 5s.; the goods of Joseph Smith; to which he pleaded GUILTY . Aged 13.—Recommended to mercy.— Confined Eight Days.
FLAHARTY pleaded GUILTY . Aged 16.— Confined Three Month.
M'DONALD pleaded GUILTY .† f Aged 17— Confined Six Month.
GUILTY . Aged 17.— Confined Fourteen Day.
(The prisoner received a good character.)
GUILTY . Aged 18.— Confined One Month.
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Month.
GUILTY . Aged 47.— Confined Twelve Month.
76. ELVINA CHEETHAM was indicted for stealing 2 coats, value 1l. 1 table-cover, 5s.; 3 spoons, 1l. 15s.; and 1 rug, 1l.; the goods of Boughey Hepwortb, her master; and ELVINA BENTLEY was indicted for feloniously receiving the same, knowing them to have been stolen.
BOUGHEY HEPWORTH . I am a brewer, and live in Laurence Pountney-lane, in the parish of St. Laurence, Pountney—the prisoner Cheetham was in my service for twenty-five years, as nurse previously, and then cook—my family went out of town in April last—Cheetham had the care of my house in August—there was no one else in the house—the prisoner Bentley is Cheetham's daughter—she has been forbidden to visit her mother for years—upon my family returning to town, Cheetham left the house about two o'clock, saying she was going to the green-grocer's to get some vegetables—she did not return—she sent M'Adam at eight o'clock in the evening, to say that she had been robbing me, and was staying at that person's home, being afraid to face us—there was, among the things left in her charge, a mug, three spoons, and a tablecover—I have seen them since at the pawnbroker's.
WILLIAM M'ADAM . I am a porter, and live in Trinity-square, Southwark. I have been in the habit of calling on Cheetham, at Mr. Hepworth's, for the last six months—she. made a representation to me about the family being about to return—she appeared very much excited several times when we have gone there, and stated that she had been making away with some of her master's property, but did not state what the things were—a few days after when I went there, she told me they were plate, and other things—she applied to me to get them out of pawn—in consequence of my prevailing on her, she dictated to me of this list of articles which were in pawn—is my writing—I took these items down from her statement—I put down nothing but what she told me—I asked her for the list of those things she had made away with—I carried the message from Mr. Hepworth—I did not hold out that it would be any better for her to do so—I told her Mr. Hepworth wished me to get a list of the things she had made away with—among them there are three spoons, a table-cover, and a mug—she expressed herself very anxious to get back the things—I did recover some of them—have
seen Bentley often, in the evening, at the gate of Mr. Hepworth's house, but not inside it.
THOMAS MILLS . I am assistant to Mr. Cheedworth, a pawnbroker, at 42, Watling-street. I produce a great coat, a table-cover, and a mug, which were pawned by Bentley—I have another coat pawned by her, I am told, but I did not take it in myself—I have also three desert spoons pawned by Bentley.
Bentley. The table-cover is mine; I bought it in Chiswell-street; I have had it nearly twelve months.
BOUGHEY HEPWORTH re-examined. These spoons, this great coat, and this mug, are all mine, and were left under the care of Cheetham—there was no other person in the house—I cannot swear to the table-cover—I had one like it.
CHEETHAM— GUILTY . Aged 60.
BENTLEY— NOT GUILTY .
77. ELVINA CHEETHAM was again indicted for stealing 4 candlesticks, value 8l.; 1 pair of snuffers and tray, 30s.; 2 spoons, 1l.; 1 fork, 10s.; 1 shirt, 4s.; and 1 table-cloth, 2s.; the goods of Boughey Hepworth, her master: and ELVINA BENTLEY for feloniously receiving the same, well knowing it to have been stolen.
BOUGHEY HEPWORTH . Cheetham was in charge of my house in August last—these silver candlesticks, snuffers, a shirt, and a table-cloth, two spoons, and a fork, are all my property, and were in her charge.
WILLIAM M'ADAM . I made out this list, at Cheetham's dictation, on the application of Mr. Hepworth to know what things had been made away with—I find among the things mentioned by her four candlesticks, snuffers and tray, two spoons, a fork, a shirt, and a table-cloth—she was very uneasy, and wanted very much to get the things out, but she said difficulties were interposed to her getting the tickets.
THOMAS MILLS . I produce two silver candlesticks, the snuffers, and snuffertray—I advanced two guineas on this large candlestick, and 1l. 10s. on this other—Mr. Hepworth has the nozzle of this one—they were pawned by Bentley—she said she was sent by a gentleman named Harris, to make up a short bill, and they would be taken out again the next day—that was on the 29th of Oct.—I should think this large candlestick, when complete with the nozzle, is worth about 2l. 10s.—it is marked eleven ounces two drachms, and this other'is ten ounces one drachm—they are marked at the silversmith's, and placed by the side of the hallmark—the snuffers were pawned at one time, and the snuffers-tray at another, by Bentley—I have two spoons, worth about 1l. each, weighing about four ounces, and a fork weighing about one ounce, a table-cloth, and a shirt, all pledged by Bentley.
JOHN RUSSELL . I am a pawnbroker. I produce two other candlesticks pawned with us, but I do not know by whom—one was taken in by a person who has left, and one by a lad—the duplicates found on Bentley correspond with those we have—two guineas were lent on one, and 2l. 10s. on the other—they are odd candlesticks—there are two pairs here, but they were not pawned in pairs—it is marked on the duplicates by the young man who took them in that he had made inquiries, and she said she pawned them for a gentleman named Benjamin Harris, which agrees with the initials on the candlesticks.
CHEETHAM— GUILTY . Aged. 60.— Judgment Respited.
BENTLEY— NOT GUILTY .
78. JOHN LISTER was indicted for stealing 16 yards of satin, value 3l.; 6 handkerchiefs, 155.; and 6 half handkerchiefs, 1l. 4s.; the goods of James Deacon, his master: also, I hat, 14s., the goods of James Deacon, his master: also, 2 shawls, 1l. 4s. the goods of James Deacon, his master: to all which he pleaded
GUILTY . Aged 24.— Transported for Seven Years.
GUILTY.* Aged 65.— Confined One Year.
80. ELIZABETH BAYLIS was indicted for feloniously receiving 2 shifts, value 6s.; 2 sheets, 7s.; 1 gown, 7s.; 1 frock, 2s.; 1 bed-tick, 5s.; 1 pair of trowsers, 5s.; 1 table-cloth, 3s.; and 1 table-cover, 2s.; the goods of Sarah Jane Hinds; well-knowing them to have been stolen.
MR. RYLAND conducted the Prosecution.
SARAH JANE HINDS . I keep a mangle, and reside in the Liverpool-road, Islington. Between eleven and twelve o'clock, on the 8th of Oct., I gave a boy named Hallagan, a bundle of linen to take to Mr. and Mrs. Lawrence's—I went to the house and found the things had not been delivered—I gave information—I saw some of the property in the hands of the police at Clerkenwell Police-court—they were part of what I had given to Hallagan, but there were eleven articles short.
ANDREW HESLOP (police-constable N 73.) I took Hallagan in Manchesterterrace, Liverpool-road—he had nothing with him—I asked him what he had done with the clothes that he was entrusted with—he said he had none.
WILLIAM HARRIS (police-constable N 112.), On the 8th of Oct. I went to a house, where I found the prisoner and the woman Price, about ten minutes before two o'clock in the afternoon—they were both in the room—I saw this bundle on the table—it was open, with the corners thrown over it—as soon as I opened the door, the prisoner said, "I know what you come for; here it is," pointing to the bundle—Price said it was brought by a boy in a dark jacket, and Baylis said it was brought by John Price and a boy in a dark jacket.
WILLIAM TRAP . I am a carpenter. I know the prisoner Price, who was tried here—I saw her on the 8th of Oct. go to the prisoner's house with a bundle—the outside wrapper of this bundle is in my eye the same—It was partly under her shawl—she was alone, and took the bundle in—I went on my way.
COURT. Q. Could you judge whether the bundle was as large as this? A. I could not answer that, because the shawl was over it—it was a wrapper something similar to this, a cross-bar.
WILLIAM HARRIS re-examined. I was present at the examination before the Magistrate—after the evidence, the prisoner made a statement, which was taken down in writing and the Magistrate signed it—this is Mr. Combe's signature—(read)—"The prisoner says, When Mr. Harris said, 'You had better give up the linen that was brought here this morning,' I said, 'Here it is, sir;' I did not know it was stolen, or it should not have come into my place; I was getting up my father's dinner at the time.'"
Q. Had you said she had better give it up? A. No—when I went she had been with her father's dinner.
COURT. Q. What did you say on entering the room? A. As soon as I entered the room, the prisoner said, "I know what you came for; here it is," pointing to the bundle in the room—I asked her how it came there, and she said it was brought by a little boy in a dark jacket, and Price said it was brought by John Price and a little boy in a dark jacket—I am sure I did not say I came for the linen—it was laid on the table, with the four corners thrown over it—I could not see any linen—the prisoner lives with her father and mother—her father was at work for Mr. Pocock, in the brick-fields, and her mother is out every day washing—Price was about two yards from the bundle, and the prisoner about the same distance—it is a very small room.
NOT GUILTY .
81. WILLIAM SANDS was indicted for embezzlement. GEORGE RICHARD JAMES . I live in Clapton-place, Hackney, and am a baker. The prisoner was in my employ—he had 12s. a week at first, and three months ago I raised his wages to 14s. a week—he lodged in my house, and had his bread—he was employed to receive money of my customers, and was to account in the evening directly he finished his round—if he received 4 3/4 d. of Argent, and 9 1/2 d. of Whitmore, he has not paid it over to me.
Cross-examined by MR. HUDDLESTON. Q. When did you prefer this charge? A. I gave him into custody last Saturday week—when I first went before the Magistrate it was not upon this charge—I keep books—the prisoner enters what he receives—I have a ledger and day-book—this is the book the prisoner carries with him, and enters the money he receives—I book all the bread off in a book of my own—I have not that book here—I know by my own book what bread I deliver to the prisoner—the prisoner has to enter the money—I carry the several items into my book—I carry the sums I have received, but these are sums I have not received—I do not know whether I have received all the sums without referring to my books—I have not the book here in which I make the entries—I have not gone on with the other charge—it was not my wish to drop the charge—I did not take 13l. from the prisoner, and refuse to give it up—the Magistrate did not make an order on me to give it up—I did not tell the officer not to give it up, nor yet to take it from the box—it was the Magistrate's order—I do not owe the prisoner 14s. for his week's work—he had not completed his week's work—I gave him into custody on Saturday morning the 14th of Nov.
COURT. Q. Have you any book that will show that this bread was sent out to these customers? A. His own book would show it—this book states what bread was taken out on Thursday the 12th of Nov.—here is the name of Argent—he has not the booked bread or money, which he left and received—he has put down the name of the customer only, and with regard to the other customer, the same—I never received any money from the prisoner when he has not previously charged himself with having received it in his own book—he does not come with an imperfect account, and hand me money without there being any voucher in the book to show that it was due—he never paid me any money, saying, "I omitted something the other day"—I should then have told him to enter it—I have taken no money of him as having received it of a customer, without his having previously entered it—I find nothing entered against Argent that day, nor against Whitmore.
Cross-examined. Q. Had he a cart at the time? A. He had a barrow with other bread.
Cross-examined. Q. Does it appear by this prisoner's book how many loaves were sent out? A. Yes, at the head of each day—he has not put down against Argent and Whitmore any bread at all—what he served them with he took out unknown to me—he served Argent as a customer that day—it was his duty to call every day on him—I find on the Thursday he has accounted for the number of loaves he took out in the morning.
NOT GUILTY .
WILLIAM SEWELL . I am in partnership with Richard Pratt—we live in Gray's-inn-lane. I have a wharf at Horsefall-basin, Regent's-canal—I sell paving-stones there—the prisoner had the management of that wharf—he was authorised to sell paving materials, and to receive the money for them—after his day's sale he was to come home to the office in Gray's-inn-lane, and pay the money in—I have known him nine or ten years—he had been in my service nine or ten weeks—on the 23rd of Oct. he paid me 5l.—he told me he had sold 400 feet of stones, and the gentleman had paid him 5l. on account, and that when he drew the remainder he would pay the rest—on the 28th of Oct. he produced a further sum of 3l. 12s.—he said that the man had paid the balance for 400 feet, representing a quantity he had sold to Mr. Bennett, of Somers'-town—he has never paid me any sum except the 5l. and the 3l., 12s.—he did not mention that he had received any larger sum in respect to that transaction—on the 30th of Oct. he accounted for the sale of 150 feet, and paid me 3l. 4s. 6d.
Cross-examined by MR. PAYNE. Q. You knew him In the employ of Mr. Freeman, of Millbank? A. Yes—I did not know him before that—I believe he served in the artillery, in the East Indies—I never heard anything against him till this—there is no counting-house on the wharf—the measurement might be taken in the open air—I made a memorandum of his paying me 5l.—I made no memorandum of the quantity—I am positive he did not say for 500 feet—supposing 10l. 15s. to have been received by him, I received altogether 8l. 12s., and out of 4l. 4s. I have received 3l. 4s. 6d., making the sums he has to pay me 3l. 2s., 6d.—I asked, on the Saturday, what expenses he had paid when he took his wages, and I paid them—I believe the 23rd of Oct. was on a Friday—the 30th of Oct. was on a Friday—I cannot recollect whether I paid him anything for expenses on Saturday, the 31st of Oct., but if he demanded it it was paid—he was left in the sole charge of the wharf—there were fourteen, fifteen, or twenty men on the wharf.
WILLIAM BARRETT . I am a builder. On the 23rd of Oct. I purchased 500 feet of paving-stones at Pratt and Sewell's wharf—I paid 10l. 15s. to the prisoner at the same time—he gave me this receipt, which is in my partner's name, Mr. Wads worth.
Cross-examined. Q. Whose writing is this A. Mr. Wadsworth's writing, "Paid same time"—the prisoner said he could not give me a receipt, Mr. Piatt would give me a receipt—here it is on this, "Paid to James Kelly"—without looking at this paper I can venture to say that I paid the prisoner 10l. 15s. in a 10l. note, a half-sovereign, and the rest silver—I had not known the prisoner previous to that morning—there was no receipt left with the prisoner, nor any account of the quantity of stone.
JOSEPH AVIS . I live in Victoria-street, Islington, and am a carman. On the 80th of Oct. I purchased at Pratt and Se well's wharf 200 feet of paving, stones of the prisoner—I paid him 4l. 4s.—this is the receipt he gave me for the money.
(The prisoner received a good character.)
GUILTY. Aged 70.—Recommended to mercy by the Prosecutor and Jury.
Confined One Month.
JOHN BAKER . I am foreman to Mr. Edward Biggs, a cow-keeper in the Edgware-road; the prisoner was employed by him as a wheelwright; he had 30s. a week. I received information, and was on the look out—I found a piece of oak timber for the spoke of a wheel, under the bench where the prisoner was in the habit of working—it was stamped at each end—I afterwards missed the piece of wood—I went into Little Carlisle-street, waiting the prisoner coming from work—this was on Wednesday evening, the 11th of Nov.—he passed me with a basket—I asked what he had there—he said, "A spoke I have bought"—I requested him to let me look at it—he showed me a spoke he had in his hand, but that was not the one—I said, "This is not what I meant; you have another"—he opened the basket, and there was this spoke in it—it has our mark on it, which was put on on purpose, by another witness—I met a policeman, and gave him in charge—I am able to say that the spoke I found in his basket is Mr. Biggs's.
Cross-examined by MR. BALLANTINE. Q. Had he any right to take the spoke from the premises? A. None whatever—none of the servants remove them—they might take them to the farm, but not without my orders—I never knew them to do so—this is the spoke—it was cut out by the prisoner to put in a cart-wheel.
Cross-examined. Q. Where was it when you put the mark? A. Under the bench, and I left it there.
ROGER LEACH (police-constable T 53.) On the evening of the 11th of Nov. the prisoner was given into my charge—he said at the station that they might as well have let him had four or five, and he would have paid them for them—I believe he was doing jobs on his own account after he left Biggs's.
(The prisoner received a good character.)
GUILTY . Aged 46.— Confined Fourteen Days.
EDWARD GALLANT . I am a watch-glass maker, and live in Leman-street, Goodman's-fields; the prisoner was my apprentice; I employed him to cut the edges of watch-glasses, and paid him so much per gross for it. On the 29th of Oct. I delivered him two gross of watch-glasses—he said I might as well give him six dozen more—I handed them to another apprentice in the shop, and he handed them to the prisoner—there was no time specified for his bringing them back, but on the Saturday night he brought twenty-four dozen back—some of them were small ones, and mine were all large—I asked where the six dozen were—he said that was all that he had—I looked the goods over, and asked him about these small ones—he laughed at it, and said they were what I gave him—if these small ones had been mine there would still have been seventy-two wanting—I told him to receipt his bill,
and I would pay him for what he brought, but I should expect the others to be brought forward—(he was still my apprentice, but he had been a bad boy, and sold his clothes, and I was to pay him for what he did out of doors)—he went away—I afterwards found him at No. 1, Bluecross-street—I found a man working at the same bench—I asked who had authorized him to work at that bench—he said he did, and he had set up in business—there are still six dozen of glasses unaccounted for.
Cross-examined by MR. O'BRIEN. Q. You knew where the prisoner and the other man used to work? A. Yes—when he brought home the two gross on the Saturday, he did not refuse to give me the receipt till I paid him the money that was right—I did not pay him the money, because he left the shop so quick—he and the other man were setting up business for themselves—the prisoner has been my apprentice seven years and five months—his time will be up on New Year's-day—he was bound for seven yean and six months—his brother is apprentice to me now—I gave him in charge too, and he was discharged by the policeman who was put in the inspector's place at the station—I know the prisoner's brother was in the hospital with a tore eye, at the time the prisoner received these glasses from me—he was at work at his own glass—I did not charge him with felony—there was 3s. 6d. coming to the prisoner for these two gross of glasses—he could do them in a day—when I went and found these two lads at work, they were not working on a portion of my glasses, they were working on their own account—I bad not been asked to go to their workshop and receive some of my glasses, some finished and some unfinished—a note came one day, that the landlord had stopped my two benches and two gross of glasses for the rent—I did not go and see them—it was not the prisoner's habit when he received three or four gross to bring them home in portions—sometimes he used to bring some, and sometimes he did not—it was on the Wednesday after the Saturday that I refused to give him the money, that I gave him into custody—on the Monday after the Saturday be received two gross more from my establishment to work upon, but still the seventy-two glasses were not brought.
COURT. Q. You have been invited since to go and tee them, and you did not go; you do not know that he has not got them still working on? A. No, I do not.
NOT GUILTY .
GEORGE FREDERICK LAMBERT , the younger. I live in Old-street—the prisoner was in my service—I saw my shovel safe on Monday evening, the 2nd of Nov., and missed it on Tuesday morning—I asked the prisoner about it—he declared he knew nothing about it.
JAMES BBANNAN (police-sergeant G 20.) On the evening of the 4th of Nov. Mr. Lambert gave the prisoner into my custody, for stealing a shovel and other articles—I traced the shovel to a stable beyond Walworth.
JOHN NICHOLLS . I am coachman to Mr. Robert Moore, a brewer, in Old-street—I know the prisoner—I applied at the shop where he was acting as a salesman—I asked him if he had got a stable-shovel—he said he had not, he would look up one—on Tuesday, the 3rd of Nov., I went to Mr. Robinson's coffee-shop, and Mr. Robinson said, "There is a shovel left for you"—I walked over to the prisoner, and said, "You have left a shovel for me—what is the price?"—he said, Is. 9d.—I went and got my money of my master on Tuesday night, I then went to Mr. Robinson, and said, "I will leave
1s. 9d. with you; if you see Mr. Lawrence's man, give it him"—he said "Very well"—I told my master I had bought a stable-shovel, and would it be in the way to put it into the brougham—he said, "No"—we put it under our feet in the brougham, and took it to Walworth—Mr. Lawrence's is seven teen or eighteen doors from the place where the shovel was left.
Cross-examined by MR. O'BRIEN. Q. When had you ordered it? A. On the 29th of Oct., and on Tuesday, the 3rd of Nov., he left it at the coffee-shop—I went to his master's house, and saw the prisoner at the door—I spoke to him, and he told me the price.
ALFRED ROBINSON . I keep the coffee-shop—on the morning of the 3rd of Nov. the prisoner brought a shovel to my house—he said it was for Mr. Moore's coachman—I gave it to the coachman—I believe this is it—I received 1s. 9d. to pay for it—I kept it till the Monday afterwards—then Mr. Brannan called, and I told him—I gave the coachman back the money. Q. What did you do with the shovel? A. I saw the coachman come and take it—it was brought to me because the coachman regularly uses my house.
Cross-examined. Q. When did you see it safe? A. On Monday evening, the 2nd of Nov., and when the shop was opened on Tuesday morning it was gone—it would not sell—here is a flaw in it—we had only two on the Monday evening—we sold the perfect one, and this was left.
COURT. Q. Are you much abroad from your shop? A. No—there would be no necessity for the prisoner taking it to another place—I charged him before the police officer with having taken the shovel—he made some serious oaths that he knew nothing about it. NOT GUILTY .
86. GEORGE CROME was again indicted for stealing 1 pencil-case, value 2s., 6d.; 1 paper-case, 4d.; 2 razors, 2s.; and 1 plough-iron, Go.; the goods of George Frederick Lambert, the younger, hit master.
GEORGE FREDERICK LAMBERT , Jun. The prisoner was in my employ for several months—I gave him into custody on the 4th of Nov., and had him searched—a pencil-case was found on him, a pair of razors and a case, and a plough-iron—they were mine—he said he had had the pencil-case a long time, and afterwards said it was given him by Mrs. Ellis, his former master's wife—the razors he said he bought at Mr. Hawes's, a pawnbroker, next door to the coffee-shop, and the plough-iron he put into his pocket—he had been cleaning it.
Cross-examined by MR. O'BRIEN. Q. What is this plough-iron? A., It is used for making a groove in wood—these things were all in one of the prisoner's pockets.
EDWARD ELLIS . The prisoner lived in my service eight or nine months ago—I have no reason to suppose this pencil-case was my wife's—I never saw it in her possession—she has been dead about seven months—I have no reason to believe she ever had it, or gave it to the prisoner—I dismissed him without a character.
WILLIAM DANIEL . I am a pawnbroker's assistant. I sold a dressing-case to the prisoner about the 15th of Oct.—it had a pair of razors in it—these razors produced have writing on the blades, which those in the case had not, and these are too large to go in the case.
MR. LAMBERT. These things are mine.
Cross-examined. Q. When had you seen the pencil-case? A. I bought it two or three days before, with some others—this was the only engine-turned
pencil-case there was amongst them, and this has a small flower in the center of the blue stone at the top—I noticed it when I bought it—I kept it on the back counter in the shop where the prisoner served—it is a second-hand case—I know the razors perfectly well—they had only been taken out of the window on the Saturday—they had been standing some time in the window, and the ends of the case are marked—it was rather too long for the tray—this is the dressing-case the prisoner bought—the razors in this are very small, and my razors are rather large.
GUILTY . Aged 18.— Confined Nine Months*
JAMES CAFFERY (police-constable B 153.) On the 25th of Nov. I saw the prisoner in Henrietta-street, in the Vinegar-ground, in Old-street-road—he went to the door of a house, put his shoulder against the door, and stood talking to a girl—he had this bundle under his arm—I went up to him, and asked what he had got—he said he was going to deliver this to Mrs. Wild, a lady in Lansdown-place, Hackney-fields—it was then past twelve o'clock at night—I said it was rather an unusual hour to take things home—he told me he came from the West End—I wanted to look at the direction on the parcel—he snatched it out of my hand and ran away—I pursued—he chucked the parcel away, I picked it up and took him—I said, "It is a curious way to deliver a parcel in Hackney-fields, to throw it away"—he said he was going to take it to Beauvoir-square—I found on him a key of a street-door, and a letter directed to himself, at his master's residence—the parcel contained this shawl and table-cloth—this key which I found on him opened the door of his master's house.
THOMAS DOUBLE . I am a linen-draper, and live at No. 98, Leather-lane. Between one and two o'clock in the morning, on the 25th of Nov., I went to the prisoner's room, and found the bed had not been used—he had been in my service about a month—I found my street-door was unbolted, and the policeman produced the key of my street-door—I found a candlestick with a rushlight in it, burning on the kitchen stairs—this shawl and table-cloth are mine—when I lost my table-cloth there was a mark at the eorner of it—I thought it was an ink mark, but it was a black pencil mark—I am quite certain they are mine.
Cross-examined by MR. DOANE. Q. Did he not say it was your property and he had washed the mark out? A. Yes—I have inquired about his father—I find he is in a condition to take charge of him—I should be very happy for him to be restored to his parents.
COURT to JAMES CAFFERY. Q. You found him at the door of a brothel? A. Yes—I asked him what brought him there—the young woman said he came to see his sister—I said, "Are you his sister?"—she said, "Yes."
GUILTY. Aged 16.—Recommended to mercy by the Prosecutor.— Confined One Month.
THIRD COURT.—Friday, November 27th, 1846.
Third Jury, before Mr. Common Sergeant.
JOB ASHTON . I am a torn-dealer, and live at Bridge-place, City-road—the prisoner was in my service—my warehouseman sent him out with a written authority to receive a lot of copper money—if he received 20s. in copper
on the 6th of Nov. from Alexander Stewart, he has not paid me—he ought to have paid me the same evening—when he came home I asked him where the money was—he said he had lost it—I said, "How do you account for that?"—he said, "It was taken from me"—I said, "You ought to have taken better care"—he said, "It is no crime; there are plenty of people lose money besides me"—he had lost 2l. on the 20th of June previous.
Prisoner. Q. Did not a young woman come to you? A. Yes, she asked me where you were—I told her—I said if 7s. were brought to me next morning I would not proceed against you.
Prisoner. Q. Why did you want 7s. when you owed me 15s. at the time?
JOSEPH BOSTON . I keep the George public-house, Dudley-street, St. Giles's—the prisoner was my pot-boy—I missed some cheroots and 1s. 5 1/2 d. in copper—there was one particular halfpenny which I know—he had no business inside my bar—I can swear to this halfpenny.
Prisoner's Defence, On Sunday morning some men were gambling in the public-house, and asked me to get change for them; my master gave me 1s. worth of copper out of the till, and the bad halfpenny among it; I had 1s. in my pocket in the morning.
GUILTY . Aged 17.— Confined Three Months.
90. MARY KEELEY was indicted for stealing at Isleworth, 1 coat, value 30s.; 1 cloak, 2l.; 12 yards of linen, 30s.; 2 gowns, 2l. 8s.; 3 pairs of shoes, 10s.; 4 pairs of stockings, 3s.; 5 caps, 17s.; 1 bonnet, 10s.; 3 handkerchiefs, 6s.; 2 capes, 9s.; 1 apron, 1s.; 1 night-gown, 3s.; and 1 brush, 1s.; the goods of Thomas Chandler, her master, in his dwelling-house,
CAROLINE CHANDLBR . My husband's name is Thomas Chandler—we live in the parish of Isleworth—the prisoner was in my service—I have examined all the property mentioned in the indictment—it is all mine, and was all safe at my house on the 17th of Nov. at half-past nine o'clock in the morning—I missed them at half-past four in the afternoon, and the prisoner also.
GEORGE BRIDGET (Great Western Railway policeman.) I went to the station and found the prisoner about to start by the train with her boxes—she admitted they were hers—I searched them, and found all this property in them.
GUILTY . Aged 20.— Confined Six Months.
HENRY MARSH . I am clerk to a coal and potato-dealer in Goswell-street. On the 23rd of Nov. I was walking in Bishopsgate-street—I felt a jerk at my pocket, turned round, and saw the prisoner in the act of putting a handkerchief
into his pocket—I said, "You have picked my pocket"—he said he was very sorry, and begged my pardon—he directly pulled my handkerchief out of his pocket and gave it me.
Prisoner. I picked it up. Witness. I felt a jerk at my pocket.
GUILTY .† Aged 25.— Transported for Ten Years.
(The prisoner has been previously convicted, and transported for ten years.)
JOHN JONES . The prisoner was my carman. On the 13th of Nov. I had 51lbs. weight of rope in my shop—it was brought to my warehouse about half-past five o'clock—I missed it—on Saturday night I asked the prisoner if he knew anything about it—he said he did not—I said "There were two men watching you"—he said he did not take it—this is my rope—it was hid in the open yard.
RICHARD ELLIS . I am in the employ of Mr. Jones. On Friday evening, when I went to the warehouse, Hughes met me—I searched for the rope, and found it on the top of a heap of rubbish by the stable-door—it was weighed—the prisoner had no business to touch any rope.
Prisoner's Defence. I did not put it there then; I did hide it next moring; the old woman who works in the warehouse asked me to lay it aside till master was there to-morrow, to see it weighed; I never intended to steal it.
ELIZABETH MINTON . I am the old woman the prisoner speaks of—on the night of the 13th Nov. the rope was brought into my master's warehouse to be sold—the prisoner weighed it, and I carried the weight to my mistress—when I came back the prisoner took it out of the scale—I said, "George, you lay the rope down there; don't cut it open; don't touch it till Mrs. Jones sees it to-morrow;" he said, "Yes, I will," and threw it down—I then left it, and had nothing more to do with it—the prisoner was left in the warehouse, and when I went home at seven o'clock at night the bundle was still there.
GRIFFITH HUGHES (through an interpreter.) I am in the employ of Mr. Jones—on the evening of the 13th Mrs. Minton weighed the rope, and told the prisoner to lay it on one side till Mrs. Jones saw it—I missed it soon after seven o'clock that night—I inquired of the prisoner if he knew anything about it—he said he had thrown it down into the cellar along with other rope. I went into the cellar and looked for it, and can swear it was not there—I told my master so—I found it concealed on a heap of rubbish on the premises.
FRANCIS GOWRAN (police-constable K 258.) I was present when the rope was found on a heap of rubbish—it was very dark at the time—I cannot say whether it was concealed—as the prisoner left the warehouse he said, "I am sorry for it," and turning found to his master said, "I beg pardon."
Prisoner. I did not say I was sorry for it; when I was first asked about it I did not know it was the same rope, and that made me deny it.
GUILTY. Aged 19.—Recommended to mercy by the Jury.— Confined Three
Prisoner's Defence. I went to St. James's-park in the morning, and a man asked me to buy them for my father—being a cripple I thought I should make some money on them.
GUILTY . Aged 18. — Confined Six Months.
94. JANE KIDNEY was indicted for stealing 1 spoon, value 5s.; 1 decanter-stand, 2s. 6d.; 1 box, 2s. 6d.; 1 truss, 1l.; 4 pieces of leather, 19s.; 2 buckles, 6d.; 1 pair of scissors, 4d.; 3 yards of belt-webbing, 2s.; 1 suspensory bandage, 2s.; and 2 yards of glazed cambric, 1s.; the goods of Samuel Smith, her master.
SAMUEL SMITH . I am a truss-maker, and live in High Holborn—the prisoner was my workwoman. I had missed these articles—I went with the constable to the prisoner's house, and found the decanter-stand, and the truss in her box, and many other things which I had not missed—they are all mine.
GUILTY . Aged 31.— Confined Six Months.
HENRY WHITE . I am a wharfinger. Inconsequence of missing things I placed a policeman to watch my barge, while my men went to dinner—I saw the prisoner Jackson carrying some pig iron on to the shore—I saw it in his hand, and saw him remove it from its place—it was in the care of Lashbrook, a lighterman.
Prisoner Homer. I had been easing myself; the policeman took me; I had no iron; the lads who took it ran away. Witness. He pretended to undo his braces, but was not doing his trowsers up.
Prisoner Homer. Q. Can you give me a bad name? A. Yes—you have been convicted several times.
HOMER— GUILTY .† Aged 18.
JACKSON— GUILTY .† Aged 17.
Confined Six. Months.
not give him change—he said it was for Mrs. Hunter—I recognized him, and gave him four sovereigns and two half-sovereigns for Mrs. Hunter.
Prisoner's Defence. He gave me gold; my mistress required silver; I went to get silver, and could not find the sovereigns or half-sovereigns in my pocket, and did not like to go back.
GUILTY .— Confined Three Months.
GEORGE WILLIAM WATERS . I am in the service of Alfred James Crawley, of High-street, Shadwell. In consequence of suspicion I thought it necessary to watch the prisoner through a square of glass, and saw her take six pins out of a shawl, take the shawl down, and carry it away into the next shop—I went after her—she saw me coming and dropped the shawl—she had no business to take it down—it was pinned on a rail in the shop—she took it from the sale shop to the pawn-shop—it is all the same shop, but is parted off.
WILLIAM STOWELL . I took the prisoner into custody—before the Magistrate she said she did not have the shawl—she appeared very large in the family way—the Magistrate ordered roe to take her to the workhouse—she was examined by the matron and by the surgeon, who gave me this certificate, which says that she is not pregnant, and quite able to appear before the Magistrate.
Prisoner's Defence (written.) I did not intend to steal the shawl, but to pledge a dress—I took hold of the shawl to look at it—there were several females in the shop.
GUILTY.* Aged 26.— Confined One Year.
FRANCIS HENRY DAVIS . I am a rag-merchant, and live in Amwell-street, Pentonville—the prisoner was in my service. On the 14th of July I sent him with a van to fetch some rags, four bags, and one small one, that is, four bags and three quarters, from a person named Slater—he was to take them to a person named Dillamore, and leave them in exchange for linen ones, but as Dillamore had sold his linen ones, he could not take what I sent, and the prisoner ought to have brought home the four and three quarters, but he only brought four—he had no business to sell any to Dillamore.
Prisoner. I told you I had left the bag at Dillamore's, and that he said he would not have any more, they were such rubbish. Witness. I did not send them myself, one of Slater's men gave them to him.
SAMUEL SLATER . On the 14th of July I weighed out four bags and three parts of another—they weighed 600 and odd pounds—I left them with George Ward, to be delivered to Nathan when he came, for Mr. Davis.
Prisoner. You say you weighed them, they were weighed three weeks before. Witness. My master weighed them—I gave them to you exactly as they were weighed.
JOHN MASTERS . I was with the prisoner, and received the bags from Ward—the wagon was driven to Dillamore's on the same day—the prisoner said, "John, deliver me one bag on my back for Mr. Dillamore"—that was a full
bag—he took it into Dillamore's—I did not go in, and did not see any money paid.
STEPHEN DILLAMORE . The prisoner came to me with a bag of rags—I cannot exactly say when—I asked if it was his property—he said it was—I bought it—he said, "Is the linen sold?"—I said, "Yes"—I did not exchange, but bought one bag for 6s.—I said, "Is it the truth that your master has given up business?"—he said, "Yes"—I have been drinking a little to day.
Prisoner's Defence, I told Dillamore I had some rags to deliver to him, and asked if he had the linen ready to pack—he said he would not have the rags, I might take my rubbish away—I took one bag down, and left it, but never received anything for it—I weighed the goods, and knew what weight I left behind.
The Prisoner called STEPHEN DILLAMORE. I have bought many bags of the prisoner when he was rag-collector for himself, but none since.
THOMAS WALL . I work for Mr. Dodd. The prisoner dealt with me, and used to pay me the money for the goods—he dealt in rags—I used to sell my rags to him—he dealt in rags three months ago—in June and July this year.
GUILTY . Aged 36.— Confined One Year. (The prosecutor stated that he had lost a great deal of property, and had discharged one of his servants for it.)
TRICKEY pleaded GUILTY . Aged 21.
BATCHERBY pleaded GUILTY . Aged 19.
ESTHER M'CAVE . I am single, and live at New-court, Duck-lane, Westminster—the prisoner lived in the same house. On the 15th of Nov., about ten o'clock at night, I went into the Castle public-house with a young man, a friend of mine, and a girl—the prisoner and I were both in liquor—we had had a few words before—I do not know what about—it was not about the man—we fought, and fell down—when I got up my left cheek was cut—I do not know how it was done—the people there said the prisoner did it—it bled—I was not ill—I was taken to the hospital, and had it dressed—I cannot tell how it was done, or who did it—my memory is bad.
EDWARD LEMAN . I was drinking at the Castle, on Sunday evening—the prisoner came in before M'Cave—when M'Cave came she accused her of keeping a child—they had a few words, and closed with one another—both fell, and I saw the prisoner stab M'Cave in the cheek with a knife—it bled very severely—she took the knife from her bosom—it was a short black-handled table-knife—I think this produced is it—a man, who I think is her husband, had this iron bolt in his hand—he went to the prisoner and asked her for the knife—she gave it him—I said he should not pass out of the house till I got it—I am certain I saw the prisoner stab M'Cave.
JOHN WHEELER (policeman.) I was called, and the prisoner was given into my custody—Leman gave me a knife, and said it was the knife M'Cave was stabbed with—this bolt dropped from the prisoner, not from the man—I think it is the bolt of a door.
Prisoner's Defence. I know nothing at all about it; I know no more of the knife than a child unborn.
GUILTY of a Common Assault. Aged 25.—Recommended to mercy by the Prosecutrix.— Confined Three Months.
DANIEL SULLIVAN . I am a tailor—I live in Peter's-court, Rosemary-lane. On Sunday night, 16th Nov., I was in a public-house, and quarrelled with the prisoner—I remained there some time after, and went away to my lodging—we lodge in the same house, and sleep in the same bed—I rapped gently at the door, went up stairs, took off my hat, and laid it at the foot of the bed—I was taking off my coat—I did not' think anything of what was done in the public-house—the prisoner got out of bed, struck me a blow with something, threw roe down on the side of the bed, came down on me, and was punching me—I made an attempt to strike him in the breast—whether I struck him or not I cannot say—he threw me down, and gave me a severe cut—I am not aware what with—there were three persons in the room—a man got out of bed to save me, but the prisoner said he would serve him the same, and he ran away—he was beating me till the police came—the room was full of blood—I was taken to the hospital—I have not been able to find out what he cut me with—it was not with his list, but with some sharp instrument.
JOHN CAWOOD WORDSWORTH . I am house-surgeon at the London Hospital—Sullivan was brought to me—I examined his wounds—the skin was broken—a sharp instrument or a blunt one will make the same wound on the scalp—it could not be done with the fist.
PIERCE DRISCOLL (policeman.) I was called in, and found Sullivan all over blood—I traced blood all over the room—he had a severe cut on the head—the prisoner was all over blood—I saw some pieces of wood like the staves of a small cask lying by the fire-place, covered with blood—the prisoner was in his shirt—his hands were all over blood—I took him into custody—he said he had not hit him—another constable took Sullivan to the station—there were three men in the beds in the room.
Prisoner. I have witnesses to prove I did not do it.
JOHN BATES . I let Sullivan in—I was in the room when the fight was—the prisoner and he had a few words about what happened in the public-house—I do not know who struck first, but they went on the floor—Sullivan was undermost—I do not know what the prisoner struck him with—I will swear solemnly he had no stick or brick in his hand.
PHILIP MARTIN . I am a labourer—I was in the room that night—there was a struggle—they attacked one another—Sullivan came down first, and the prisoner on top of him—there was a deal of scuffling, between the fire-place and the bed—they got up, attacked one another again, struggled, and came down again—they kept on like that, but the prisoner had no weapon in his hand any more than (have now—I swear that solemnly—the cuts were caused by the fall.
DANIEL SULLIVAN re-examined. There was no fender in the room—I do not recollect my head striking against the bed-post—it was a common short bedstead—the prisoner kept hammering me a long while, but what with I do not know.
JURY. Q. Was it on the surface or edgeways? A. All over them—there was no hair on them.
Prisoner. He swore first I struck him with a brick or candlestick, and now he says he does not know what it was with.
GUILTY of a Common Assaunt. Aged 25.— Confined Six Months.
OLD COURT.—Saturday, 28th Nov. 1846.
Second Jury, before Edward Bullock, Esq.
102. FREDERICK REDMAN was indicted for stealing 16 yards of woollen cloth, value 6l., the goods of Henry Regless and others, in their dwelling-house; and that he had been before convicted of felony, MR. HUDDLESTONE conducted the Prosecution.
ROBERT BOUSFIELD . I am in partnership with Frederick Sherratt, at 107, St. Martin's-lane—this cloth is our property—I saw it safe on the premises between four and five o'clock of the afternoon of the 11th Nov.—we did not sell it to anybody—Henry Regless is a partner with us—I know the cloth by this mark, which it would not bear if it were sold.
JOHN SIMS HANDCOCK (police-sergeant E 12.) At a quarter after six on 11th Nov., I was on duty in Chandos-street, and saw the prisoner and others—the prisoner had this roll of cloth under his arm—he passed me and turned the comer of a court—I turned back after him, and he commenced running—I ran after him, got close to him, and he dropped this cloth—I called "Stop thief"—he was stopped by a gentleman—I took him in charge, and received the cloth from Mrs. Balls.
Cross-examined by MR. BALLANTINE. Q. Did you lose sight of him? A. Yes—I am certain he is the person.
FREDERICK CULMER (police-constable E 117.) I produce a certificate of the prisoner's former conviction from Clerkenweli—(read—Convicted 1st April, 1846, Confined six months)—I was present at the trial—the prisoner is the person.
GUILTY . Aged 20.— Transported for Seven Years.
JOHN HARRISON , jun. I am the son of John Harrison, who deals in pictures. On the morning of the 18th of Nov. this picture was stolen from the shop—it hung in the passage—the prisoner came into the shop about ten o'clock in the morning and asked the price of a picture, which I told him—he went out, came back again, and asked what was the lowest I would take—I said 18s.—he drew my attention to something in the shop, and when I turned round I saw somebody run by with something under his arm—the prisoner was still in the shop—the man ran down the alley—I found he had got the picture and ran out after him—he got too far, and when I came back the prisoner ran out, ran against me, and ran down the alley—that was not a
minute after the man had passed with the picture—he nearly knocked me down, and I ran after him—a gentleman stopped him before he could join the other man—I had seen him go by the shop the day before with the other man—I am quite sure the prisoner is the man who was in the shop.
Q. Are you quite sure the man he was with the day before is the man who had the picture? A. No—a gentleman stopped the prisoner—they asked him what was the matter—he said he was walking down the alley and I ran after him, calling, "Stop thief," and he had never been near the shop.
BALL (policeman.) I took the prisoner in charge ten minutes after the picture was stolen—I told him he was charged with being concerned in stealing a picture from the shop—he said, "I have never been in the shop"—I searched him, and found a sack in his hat.
Prisoner's Defence. I was walking by; the lad came out and said I had stolen the picture.
NOT GUILTY .
Before Mr. Baron Parke.
MR. BALLANTINE conducted the Prosecution.
AUGUSTINE DOLLE . I am an officer of the Sheriff of Middlesex, and live at No. 79, High Holborn. On the 30th of July I bad a warrant in my posession, on which it was my duty to arrest the prisoner—I received it from Mr. Sloman, a sheriff's officer—this is it—(producing it)—it is directed to me or to Sloman—from information I received I went to the office of the Sun newspaper, in the Strand, with the warrant in my possession—I inquired of the clerk—he said, "What name shall the boy say?"—I said, "You may say Martin if you like"—the boy then left—in four or five minutes the prisoner came—I had never seen him before to ray knowledge—I am positive he is the person—he had a very long stick in his hand—he stood down at the door, with it by his side—as I was going towards him he turned round and ran—I ran after him, caught him by the skirt of his coat, and said, "Mr. Martin, I have a warrant against you for 120l. at the suit of Wilkins—he tried to get away and tore his coat quite off—I kept hold of it till it came off in my hand—he ran off, and I after him—this was still in the building, under cover—he turned round and hulked back with his left hand, struck me on the head with the stick, and cut my head open—I was senseless—I can scarcely recollect anything else till I was taken over to a surgeon opposite—I was taken to Charing Cross Hospital, and from there home, and was attended by Dr. Bartlett—I had my hat on at the time—I am not well yet, and never shall be—I have felt it ever since.
Cross-examined by MR. SERGEANT WILKINS. Q. When Mr. Martin came down did you notice that he was not dressed? He had his black coat on—I did not notice that he bad his shirt collar open—I do not know whether the debt has been settled since.
(The case and warrant were here put in and read.)
THOMAS BARTLETT . I am a surgeon, and live in Chancery-lane. I attended Dolley from the 30th of July last, and found an extensive wound on the left side of his head, about six inches in extent—it divided the skin and he scalp—I attended him up to the time of his going to Heme Bay, about a fortnight or three weeks afterwards—it was a wound of a very serious mature—his life was in danger for a fortnight—it brought on concussion of the
brain—I have examined him since he has returned—I do not consider he has entirely recovered, and my impression is he never will fully recover from it—I applied the ordinary remedies.
JOSEPH THOMPSON (police-constable F 62.) On the 15th of Oct., having a warrant, I went to the prisoner's chambers, No. 6, Pump-court, Temple—the door was locked—I broke it open and found him there—he had this stick in his hand—(producing it)—I took him into custody.
JURY to AUGUSTINE DOLLY. Q. When the prisoner came down, bad he his bat on, or in his hand? A. I think he had his hat off, but am not sure—I do not think it was in his band—he had the stick in his right hand, leaning on the ground at his side, and struck back at me as be ran—I should say he did not run above three or four yards—his coat tore off in about a minute—he struck back, and was not looking in the direction he struck.
(Sergeant Murphy, Mr. Ellis, a barrister, and Mr. Murdo Young gave the prisoner a good character.)
GUILTY of an Assault. Aged 34.— Confined Twelve Months.
105. WILLIAM CLARKE was indicted for feloniously assaulting Edward Stephenson, putting him in fear, and stealing from his person and against his will 1 half-crown and 2 shillings, his monies, and immediately before the said robbery using personal violence to him.
MR. PAYNE conducted the Prosecution. EDWARD STEPHENSON. I am a fly-driver, and live at Richmond, in Surrey, On Saturday night, the 14th of Nov., I had to take a fare from the Richmond Railway station to Teddington—in passing through the Cross Deep, near Pope's villa, by the Branch road, I was stopped by the prisoner—he asked for a toll of 2d., which I refused to give him—I asked him what it was for—he said, "For the corporation of the lord of the manor of Twickenham"—it was the second day of Kingston fair—another fly came up about the same time—that fly did not pay—I went on to Teddington, put down the gentleman, and received half-a-crown—I bad an opportunity of seeing the prisoner at the time he stopped me—there is a gas-lamp right opposite, in the middle of the Branch road, where the 2d. was demanded—it was a little after nine o'clock—when I got back to the same place it was about ten, and about thirty yards from the place where the man bad first stopped me a man caught hold of my horse's head and stopped it, and the prisoner jumped up on the splinter bar, caught hold of my collar, and pulled me off the box down to the ground—I laid right on my back—while I was laying so, he said, "Deliver up your money, or I will blow your b—y brains out"—he did not mention any sum, but while he was saying that he put his hand into my pocket, and took out 2 shillings and the half-crown—he and the other man walked away up the Branch road—I had not seen that man before—the prisoner was in liquor both times—at the time he demanded the 2d. I saw a horse there—it had a collar on it—no one was riding on it—I gave information at the Richmond station—I did not get the money back—a police-constable was sent with me to Twickenham, to try to find out the person—we went into the tap-room at the Horse and Groom—that was very near twelve o'clock—the prisoner was there, with his head on the table—I recognised him by his dress, and when I saw his face, I knew him again to be the same person who demanded the 2d. the first time and took my money afterwards.
Cross-examined by MR. PARNEL. Q. How was he dressed? A. He had a long Mackintosh coat on—I had never seen him before, to my recollection, nor the man that was with him—they call it three miles and a half from Teddington
to the station—this place is nearly four miles from Kingston—I had not been at the fair—I had been driving about during the day—I had not been drinking—I had never heard of such a corporation or toll before—another carriage was passing at the same time—he demanded 2d. of that one—I saw that carriage at Teddington—I asked the driver where he would be found, if I should be stopped again in the same way—the prisoner was in liquor—he reeled against the shafts of the fly—I did not make any great resistance when he got on the box—I was down in an instant—there was no light at the second place—the Three Kings public-house is just up by the common—it is a different road to the Branch road—I did not go up the Branch road with the policeman after the man—the policeman said we had better go into the public-house, and see if they were there—it is a quarter of a mile from Pope's villa, in the Hampton direction, to the right of the road as you drive to Teddington, in the same direction to the Branch road—the Horse and Groom is in the middle of Twickenham town—the Three Kings is the nearest house to the place where I was first stopped—it is a quarter of a mile from it—the other is 200 yards further—when we went into the public-house the prisoner was stupidly drunk, and did not understand what was said.
ROBERT COOPER CHAPEL . I am a stock-broker. On Saturday, the 14th of Nov., I went by the Richmond Railway—I engaged a fly of the last witness to take me to Teddington—when I got past Pope's villa, an altercation took place between the man and the prisoner—I had an opportunity of seeing him—he is the man—he demanded 2d. "toll for the corporation of the lord of the manor"—I thought he was drunk, and told him so—we refused to pay the 2d.—when I got to Teddington, I paid the prosecutor half-a-crown—when the 2d. was demanded I saw a dark horse there, with something on it—I cannot say it was a collar—it had a sack on its back, apparently strapped on—the prisoner called two or three times for Bill somebody—I did not see anybody come.
Cross-examined. Q. Were you inside? A. Yes, and a lady with me—it was a shut-up fly—the glasses were down—I cannot tell what name it was that he called—there was a lamp within a few yards, so that I could see the prisoner's features and the horse—I did not see any other man, except the driver of the other fly, of whom also 2d. was demanded—I told the prisoner he was bound to mention his authority, and say by whom he was employed—he mentioned the name of Goddard.
COURT. Q. Did he say what he was? A. Not that I recollect—he did not say he was director or lessee of the toll—he said he bad to demand it of every horse or vehicle that passed.
SAMUEL GODDARD, JUN . I am an umbrella-maker, at Brentford. I know the prisoner—he was employed by me on Kingston fair-day—he took the tolls of all cattle coming out of the fair-field, both on Friday and Saturday—it was 2d. each on all horses, all locks, and cattle coming out of the fair that were sold—they do not pay coming in—it is a fair toll—carts coming out with calves and sheep would have to pay it, but not flys—on Saturday, the 14th, I sent him to my father's at Brentford, for a horse—it was about six o'clock when he left me—I said, "William, if you do not bring my horse, bring my father's, and bring a collar, get a cloth, or something to put on his back to ride on"—he was to bring the horse to me at Kingston—I gave him 6d. to spend for some beer on the road, and 3d. to pay the turnpikes—he did not bring the horse, or return at all on Saturday night—I did not see it at all till I found it on the Monday, about eleven o'clock, at the King's Head. Inn at Twickenham—it was a dark bay horse.
Cross-examined. Q. Have you taken the tolls before? A. Yes, since the 1st of Jan.—there are three fairs in the year—this was the last—he had not had to take tolls before—I have employed him in other things—he was very honest and correct—I had eighteen men, and selected him, as a quiet man, to fetch the horse—there is a good deal of drinking at the fair—I think there is more drinking at that fair than at any other—the tolls are let to the Mayor and Corporation of Kingston—the prisoner is my cousin.
COURT. Q. Did you tell him what to do if the people refused to pay the tolls? A. Yes, I told him not to let them pass—the fair is a mile and a half from Pope's Villa—I did not station people at Pope's Villa to take the tolls—we have no control over them after they have got out of the town—the nearest way from Brentford to Kingston is to pass by Pope's Villa.
SAMUELGODDARD. I ama furniture-dealer at Brentford, and the father of the last witness. I remember the prisoner coming to me at Brentford on Saturday evening, the 14th—he got there about half-past seven o'clock, as near as I can ascertain—he said he had come from my son at Kingston for a horse to bring home a cart—I sent him to the stable—he had a dark bay horse, and a collar, with reins and traces attached to it, and a sack, to put on its back—he left about half-past seven—Brentford is three miles and a half from Twickenham.
JOHN NAZIR (police-constable V 137.) I am a policeman at Twickenham. I remember seeing the prisoner at about twenty minutes past nine o'clock on Saturday night the 14th—he was on a horse at the bottom of Cross Deep—that is about 200 yards from Pope's Villa—he was standing still under a lamp the horse's head was towards Twickenham—that is in a contrary direction to Kingston from Brentford—the gas lamp is in the same road as Pope's Villa—it is about 200 yards from the branch road—it is in the road—I asked the man standing by him what was the matter—he said the prisoner had fallen from his horse and he had helped him on—the man said he was going to Kingston—the prisoner could not hear that—the prisoner went on the horse towards Brentford—the horse had four white feet and a white star on its forehead—it was rather a brown horse—I saw it again that same night, about half-past ten o'clock, in East-lane, Twickenham, about half a mile from there—it was straggling in the road by itself—I delivered it up to the police-sergeant—I afterwards saw it at the King's Head, in Twickenham—it was the same horse as the prisoner was on, and had a collar.
Cross-examined. Q. This was soon after nine o'clock? A. About twenty minutes after—the prisoner and the other man did not go off together—he appeared to have been drinking, but was capable of taking care of himself—he trotted away—he did not appear to have fallen from his horse—it was a dry night—he went off towards Brentford—I called after him and told him he was going wrong—he said, "All right, I know where I am going."
MR. PAYNE. Q. Did the horse trot? A. Yes—the prisoner did not fall off in my sight.
THOMAS GREEN . I am a policeman at the Richmond Railway station. On Saturday night, the 14th of Nov., I went with Stephenson to search for a person—we went to the Horse and Groom public-house, and saw the prisoner there, with his head laying on the table—as soon as Stephenson got in he pointed out the prisoner to me—I took hold of his head and tried to lift him up—he was asleep—he seemed very frightened when I woke him up—I told him what I took him for—he said he had never done such a thing, and seemed very stupid—he walked very well after that—I searched him and found no money on him.
Cross-examined. Q. I believe you ascertained he had been there for the
last three quarters of an hour? A. Yes—I went there about half-past eleven o'clock—there were eleven men and one woman in the tap-room—he appeared to be stupified by drink—I found no money on him at all—the Magistrate asked if he had anything at all to say—he said he had nothing to say.
NOT GUILTY .
106. ESTHER ELIZA WHITE was indicted for burglariously breaking and entering the dwelling-house of Thomas Edward Jones, at Ealing, about the hour of one in the night, and stealing 1 writing desk, value 10s.; 1 medal, 10s.; 1 pen-bolder, 1l.; 1 miniature and case, 20s.; 2 books, 5s.; 1 seal, 20s.; 8 sovereigns, 3 threepenny pieces, and 4 51. Bank-notes, his property. MR. BRIERLY conducted the Prosecution.
EMMA KENT . I live with Mr. Jones, at Ealing, and have known the prisoner five years—she was with me in Sept., and slept with me eight or nine days, at Mr. Jones's, at Woodland-place, Ealing, by his consent, as he was from town—she was in the habit of going about the house with me, and knew where the things were placed, and knew all the fastenings of the house perfectly well—on Monday, the 19th of Oct., the day before the robbery, I put my master's desk in its proper place, under the table between the dining-room windows—on Tuesday evening, about six o'clock, the prisoner came to the house to bid me good bye, saying she had gut a situation and was going to Bedford—she was only in the kitchen that day, and remained with me from six to nine o'clock—I went with her, and saw her go away by the railway train to London—on that Tuesday evening, between five and six o'clock, as soon as it was dark, I fastened the house up—everything was safe when I went to bed, for all I know—I got up next morning at eight o'clock, and found the dining-room door open, which was shut when I went to bed—that was the room the desk had been in—I went down stairs, and found the kitchen-door shut, which I had left open—I opened it—the shutters were quite open—I found the shutter of the kitchen window was open, and the blind hanging down at one corner—it was up when I went to bed—the window was shut the night before, but I cannot swear that it was fastened, but I should say it was—no part of it was broken—the shutters fitted quite close—they are inside the window—there are two of them—one overlapped, one going into the other—there were marks inside the window, on the cill, and foot-marks of somebody outside—it was a small foot—I cannot say whether it was male or female—the police were sent for directly—the desk now produced is my master's.
COURT. Q. Can you form an opinion how anybody had got in? A. Only by finding the window-shutter open—I saw no marks of violence on the window.
Cross-examined by MR. PATNE. Q. How long have you known the prisoner? A. About five years—she lived with me at the west end about two months—that was the first I knew of her—after that she lived at an hotel for more than two years—after that, I believe, at Pall Mall—I went to bed that night, I think, about twenty minutes to eleven o'clock—I am sure the shutter was fastened—I am certain the window was quite shut—if it was not I should have felt it—the draught would have come in—I sat in the kitchen—my master was in the house—I got up about eight o'clock the next morning—I did not miss anything myself—I told my master as soon as I found the house was open—I do not ever recollect mentioning my master's desk to the prisoner—I do not know how she knew what it contained—she never had an opportunity of seeing my master at it—it was under the console table—he used it on Sunday—I knew it contained money, as he has given me money from it to pay bills—the prisoner could not know anything about that—I never had any conversation with her about it.
JAMES LAXTON . I am an inspector of police. I was the first of the police that examined the window—I found that something had been passed through between the shutters, and lifted up the bar—they would admit of a knife being passed between, which would lift up the bar—I saw some footmarks close to the window, coming from towards the fields—they were only one person's—they were women's feet, and I traced the same marks from the field to the garden—there is a small flower-border in front of the window—there were marks on that border—I discovered the marks on the dung against the wall—a person could have got over the wall by getting on the dung—the descent would be five or six feet—it would not be easy to get up again—the marks were towards the wall and towards the kitchen window—the dung was in the field—in the field I found the kitchen knife, which Mr. Jones identified—on the 30th of Oct., about half-past ten o'clock in the morning, I went to the prisoner's lodgings—I found her undressed—she had just got out of her bed—there was another young woman in the room also undressed—I asked the prisoner if her name was White—she said it was—I said I had come from Ealing to apprehend her for a robbery at Mr. Jones's—she seemed agitated, but said nothing—I thought she was going to faint—I then commenced searching, and on a box, which the prisoner said was hers, by the side of the bed, I found this paper parcel directed to Mr. Jones, Ealing, and containing deeds and papers, a miniature of a gentleman, a desk seal, a knife, and a pocket-book—I found this desk under the pillow of the prisoner's bed—the desk contained a pocket-book, eighty-six pieces of ancient silver coin, and sixteen pieces of gold coin, and two memorandum-books—this ivory-handled pen-holder, with a gold end, I received since from Mrs. Glover—the desk had been broken open, and the private drawers under are also broken—I have lost the coins this morning—they were ancient coins, gold and silver—I found no sovereigns in the desk—I found on the prisoner a purse, containing one sovereign, and 5s. 6d. in silver.
Cross-examined. Q. How did you ascertain that anything had been inserted between the shutters to lift up the bar? A. I found something pressed between the shutters, and the paint was jagged off the bar—when the shutters were open I could see something had been pressed against the paint of the shutters—there were two persons in the room, and two beds—the other bed was made, and turned up—I do not know if they both slept in one bed—she might have said, "What do you want?"—she gave me her purse on my asking for it—I thought there was something in the box relating to this affair—I searched the box—this parcel was on the outside—I had the coins in the fellow box to this—(pointing to one)—it worked a hole in my coat-tail pocket—it was done up in a paper parcel—I did not miss it till I came into I Court—the coins must have shaken out of the box, and come out separately—I rode to Oxford-street on horseback
THOMAS TULL (police-constable P 22.) I assisted Laxton in the search I drew over the cloth at the head of the bed, and found the writing-desk—I found part of a stock receipt in an old tea-caddy on the mantel-shelf in the same room—I asked whose the tea-caddy was—the landlady said, in the prisoner's presence, that it was the prisoner's, and she had come into her room, and found the paper just dropped from the fire burning, caught it up, put it out, and put it into her tea-caddy—the prisoner made no reply to that—she said the prisoner was in the room with a child of the landlady's at the time she took it up—the prisoner said nothing to that in my hearing—I then took the prisoner into custody—she said at the Paddington railway station, "I hope Emma will not loose her place, as there is nobody to blame but myself"—she shortly afterwards said, "They cannot say I took anything but that"—I then said,
"Anything you say I shall have to state against you"—she said, "Never mind, I do not wish to conceal anything"—she afterwards said she had folded up the papers and directed them, with the intention of sending them to Mr. Jones, but did not do so—I had not seen the parcel at the time—it is directed—the window shutter appeared to me to have been opened—the inspector pointed out a trifling mark on the under side of the bar, such as would be made by lifting it up by a knife—there was a very small piece of the shutter chipped.
Cross-examined. Q. You say the prisoner made no answer to the land lady's remark about finding the paper burning; are you sure she heard it? A., I cannot say she did—she was not in a very collected state—when she made the statement about Emma we were in the waiting-room at the Paddington station—she began the conversation herself—she asked me to get some refreshment once or twice, as she was unwell—I got her a glass of stout, which she wished to have, but nothing to intoxicate—I did not ask her any question—I wrote down what she said, two or three days after.
MR. BRIERLY. Q. You have told us she said she intended to return the parcel to Mr. Jones; after you cautioned her, did she say anything? A. Directly I cautioned her she said, "Never mind, I do not wish to conceal anything," and shortly afterwards said, "I folded up the papers, directed them to. Mr. Jones, and intended to send them to him"—Mr. Jones's house is in the parish of Ealing.
BRIDGET LEE . I live at 20, Crown-court, St. James's, Pall-mall—the prisoner lodged with me—I recollect Wednesday, the 21st of Oct.—it was a very wet morning—I have only one room for myself and my lodgers—the prisoner came in at eight o'clock that morning very wet—she had not slept in the house the night before—she had told me if she was not at home at ten o'clock not to expect her—she went out about the middle of that day—that was the. Tuesday—about a week before that she had said she had a writing-desk, and would go and fetch it—when she came in that morning she put a writing-desk on the table, and took a hammer and chisel, and broke the lock open—she then turned her back on me—I could not see what she took out of it—she was very careful in her living—I saw her destroying paper when I went out on an errand for her, leaving my child, who is four y tars old, in the house—she gave the child some papers to burn—as I came back into the room the paper (the stock receipt) was burning, and fell out of the fire—I took it up, put the fire out, and put it into my tea-caddy on the mantelpiece until I got a person to read it—I thought it was a love-letter—when she came in on the 21st she was wet, fatigued, and very dirty—her shoes were all over mud, and her stockings and clothes all wet—after that, on the same day, and the day after, she brought in some parcels—she wore what she brought—she brought in clothes I had not seen before, and got them made—she had a muff and some boots, and new dresses—that is all I know about it.
Cross-examined. Q. How do you get your living? A. By washing—I wash in the same room as the lodgers are in—it is the first-floor room—four people lodge in that room, two in a bed—there are five sometimes—they are young women servants—the prisoner had been there about a month—I did not know how she got her living—I did not know whether she was badly off or not—she had very little to eat and drink—she spent very little—I do not know how that was—when she broke open the desk I said nothing to her—I was ill in bed with the English cholera in my stomach, and hardly able to speak—it was three or four days after that I saw the paper burning—it was about a week before she brought the writing-desk that she told me she had
one—there were no other persons in the room—there were two young women coming that night—I have got very respectable lodgings.
MR. BRIERLEY. Q. Had you any other lodgers that week? A. No, not that week; but the day before she was taken, two came—she went on Friday morning.
LOUISA GLOVER . I am the wife of George Glover; he is a waiter. I know the prisoner by sight—I went to lodge with Mrs. Lee about a month ago, and slept with the prisoner—that was about a month before the prisoner was taken—she made me a present of this pen-holder, which I gave to the policeman—it was not more than a week before she was taken—she said if I would keep that for her sake she would give it to me.
Cross-examined. Q. Did you lodge there? A. I was there three nights—there were no other lodgers there except the prisoner—Mrs. Lee was present when she gave me the pen-holder—the prisoner seemed very poorly off—she staid there after I left.
THOMAS EDWARD JONES . I live at Woodland-place, Ealing; I keep the house. I know this desk—it is mine—I last used it on Sunday, 18th Oct.—there was in it a gold pen-holder—this is it (looking at it,) a portrait in a morocco case, a paper-knife, a quantity of old gold and silver coins, a desk-seal—this is it, (looking at it,) four 5l. Bank of England notes, and eight sovereigns—it also contained a quantity of deeds and bonds, and various private letters—this stock receipt was in it—the paper parcel produced contains my deeds—I got the notes from Smith, Payne, and Co., by a check from my stockbroker—I did not take the numbers—I received nine 5l. notes—four of them were in this desk—I do not know the numbers of those notes—I paid the others away—my house is about seven miles from Crown-court, Pall Mall—it is six miles and a half from Cumberland-gate—this is all my property.
Cross-examined. Q. You say you remember using your desk on the Sunday? A. Yes—I was out on Monday evening—this desk is kept between the windows in the dining-room—I use the room every day—I used it on the Sunday and on the Monday—I did not take particular notice of the desk on Monday—I always left it there—I cannot say I saw it after the Sunday; I had no occasion to look after it—I recollect that stock receipt perfectly well.
(The prisoner received a good character.)
GUILTY of stealing, but not of breaking and entering.— Confined One Year.
NEW COURT.—Saturday, November 28th, 1846
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 14.— Confined Six Days.
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 14.— Confined Three Months.
GUILTY .— Confined One Year.
GUILTY .— Confined Six Months.
GUILTY .— Confined Three Months.
113. ELVINA BENTLEY was indicted for stealing 4 candlesticks, value 8l.; 1 pair of snuffers and tray, 30s.; 2 spoons 1l. 1 fork, 10s.; 1 shirt, 4s.; and 1 table-cloth, 2s.; the goods of Boughey Hepworth, in his dwelling-house.(See page 63.)
MR. HUDDLESTON conducted the Prosecution.
BOUGHEY HEPWORTH . I am a brewer, and reside in Laurence Pountney-lane; the prisoner's mother was in my service as cook. I had occasion to leave town—I left the prisoner's mother in charge of my house—when I came back I missed the articles stated—these now produced are my property—my family were out of town all the summer, and I was absent occasionally.
JOHN STOREY (City police-constable, No. 414.) I took the prisoner, and found on her twenty-eight duplicates of plate and other things—there were duplicates of these articles now produced—she said her mother gave her the plate to pawn—I was before the Lord Mayor when she made a statement, which was taken down—this is the Lord Mayor's writing to it—(read)—"Elvina Bentley says, 'They were not taken with a view of being stolen; we thought of getting them back before the gentleman's family came to town; we tried to get the money to do so.'"
Prisoner's Defence. They were given me at the gate by my mother to pledge; I have not been in the house for years; I have been forbidden the house.
NOT GUILTY .
MR. HUDDLESTONE conducted the Prosecution.
BOUGHEY HEPWORTH . I am a brewer, and live in Laurence Pountney-lane—I left the prisoner's mother in charge of my house when I went out of town with my family, who were absent five or six months. I was in town myself occasionally—these coats, three spoons, and mug are all my property—I can speak to them all except the table-cover—the other articles I will swear to—I missed them from my premises in the course of this year—this is my winter great coat—it was safe before I left town—I have not seen the prisoner near my premises—I have forbidden her my premises for years—I have seen her next door, and told her if I caught her on my premises I should give her in charge—I have not seen her within the last five months—she has always kept out of my way.
JOHN STOREY (City police-constable, No. 414.) I apprehended the prisoner on Garlick-hill—I found twenty-eight duplicates on her—amongst them were some corresponding with these articles—I took her mother the same evening.
THOMAS MILLS . I am assistant to a pawnbroker—the prisoner pawned these articles at our shop—this coat I took in of her myself—I did not see her pawn the spoons—I have the duplicate of them, which corresponds with the one produced by the officer—this mug the prisoner pawned with me, and this other coat—they were all pawned in the name of Mary Taylor, for Benjamin Harris.
Prisoner's Defence. They were net taken with a view of being stolen; we thought of getting them back. NOT GUILTY .
MR. ROBINSON conducted the Prosecution.
JOHN GUNNER . I am a wheelwright, and live in Old Gravel-lane—I have a shop in Mr. Walker's yard—the prisoner was my foreman for one year and eight months—Cannan has been my apprentice three years—he was to work under the prisoner—I was out a great deal, and left a great deal to the prisoner—having missed things I spoke to Cannan, and in consequence of what he told me, on the 6th of Nov., I asked the prisoner how became to take such things as Cannan had told me of me of, and why he should rob me—he said he did not—the next morning I gave him into custody, and I went with Cannan and the officer the same day to search the prisoner's house at Oldford—I found there some pieces of wood—here is part of a bolster, which is a piece of wood that goes under the carriage of a wagon or a van—I brought it away with the constable—I know it to be mine by comparing it with the others in my shop—there were several of them cut out of one tree at the time—the knot follows, so that they all correspond—the prisoner had no right to take any of this property—I had an iron chain brought to me by Mr. Cookson of Wapping—it was worth 10s.—I missed it, and shall have to make it good—it was a close linked chain used for shipping—there were twelve or fourteen fathoms of it—I had missed a wrench, worth 7s.
Cross-examined by MR. PAYNE. Q. How long had you had this chain on the premises? A. About four months, and it has been lost four or five months—it may have been lost eight months—I have not made it good yet—Mr. Cookson applied for it before the prisoner was taken—I told him I could not find it—bolsters are very much alike when they are cut out of one tree together—this one has been used—it has been put into the ground for a vicepost—I have found out that the prisoner has been working for other people in the trade lately—he surrendered this morning—after I told him what Cannan had said he came to work the next morning, but he had absconded on the Friday, after I had accused him.
MR. ROBINSON. Q. He was your foreman, was it not his duty to work entirely for you? A. Yes, I paid him 28s. a week—he had no right to work for other persons—Oldford is upwards of three miles from my place—this vice-post was at Oldford.
ALFRED JAMES CANNAN . I have been apprentice to the prosecutor for three years, and have been working under the prisoner since he has been there—in Aug., 1845, I recollect his taking twenty-four feet of old boards away—he said it was to make a pig-stye—I have seen it at his house since, and I believe it to be the same wood—I recollect a chain being brought to Mr. Gunner's place to be repaired—the prisoner took it away from the shop—he said he was going to sell it, and wanted me to help him take it away—it was very nearly half a hundred weight—I never saw it after it was taken away—it was taken at dinner time, between one and two o'clock—my master was mostly away—the prisoner had the command of all the place.
Cross-examined. Q. How old are you? A. I shall be nineteen next June—I have been three years in Mr. Gunner's service, but only his apprentice for a year and six months—the chain was taken eight or ten months ago—I never mentioned it to my master—it had been there two months—the prisoner brought it in out of the yard, and put it beside the blacksmith's forge—he said he should take it and sell it, it would never be missed—he said, "I will toss you up who shall take it"—I said, "I shall not have anything to do with it"—it had been lying about, because Mr. Cookson told Mr. Gunner he was not in a hurry for it—it has never been missed or inquired about to my knowledge.
MR. ROBINSON. Q. Did you have any part of the proceeds of this property, or anything to do with the chain? A., No. GEORGE SHAIN (Thames police-constable, No. 40.) The prisoner was given into my custody on Saturday morning, the 7th of Nov.—Mr. Gunner charged him with stealing a quantity of wood and a chain—he acknowledged it, and said he sold it at Mr. Baldwin's, a marine-store dealer's, for 2s., and the apprentice had half the money—I went to the prisoner's house at Oldford—I some wood there—he acknowledged it to be Mr. Gunner's.
Cross-examined. Q. Where did he say he had sold the chain for 2s.? A. In the station-house—I did not say anything to him myself—he said so in the presence of one of the inspectors—Mr. Gunner charged him with stealing the wood and chain, and he said he took the chain and sold it—he afterwards said it was lying kicking about, and he thought some one else might take it. (The prisoner received a good character.)
GUILTY. Aged 33.—Recommended to mercy by the Jury.— Confined Three
ALBERT VAN WYCK . I live in Norfolk-street, Strand—at half-past ten o'clock at night, on the 24th of Nov., I was in a cigar-shop—I put my purse into my pocket, and went on to Cockspur-street, near the National Gallery—I was looking into a shop there—I had my umbrella in one hand and a cigar in the other—I found some one had hold of my arm—I looked round and saw it was rather a low-looking woman—I shook her off, and passed on ten or fifteen yards to another stall, and looking in at that window I found the woman had followed me, and had hold of me again—it was the prisoner—I shook her off rudely the second time—I passed on—she still followed me—I rather suffered her than otherwise—she walked by my side and talked to me—I was hardly thinking of the woman—I recollect her asking me to treat her—I told her I had no change—I put my hand to my pocket, and my purse was there—that aroused me from my reverie, and I was about fifty feet out of the thoroughfare—as I looked round my purse was whipped from my pocket—no one was with me but the prisoner—she ran and I ran after her, but a man ran from the thoroughfare into my arms and pinioned me down—I afterwards took the prisoner myself—the purse was not found—she had an opportunity of passing it—I am sure she was the only person near me when it was taken—she was the only person within ten feet of me—it contained twenty-two sovereigns in one side of it, and 9s. in the other—it was a long travelling-purse.
Cross-examined by MR. PAYNE. Q. You say it was whipped away, how do you know somebody did not come behind you and whip it away? A. Because I saw this woman as she ran, having the purse—I saw her having something—when I went to the cigar-shop I saw some man looking in—I
then went and stood looking in at a shop window in Cock spur-street, then went and looked in at another shop window—the prisoner came to me at the first window—she staid with me then, only long enough for me to shake her off—she came up and passed her arm round me, as thousands have before—I cannot say how long she staid; say a minute and a half—I went on to another shop—she came to me again, and staid about the same time—I cannot speak to the conversation—she wished me to go home with her, and passed her arm round me very indecently—I pushed her off again—she then walked about 100 yards—I did not talk to her—she did to me—I was sober—I never was tipsy since I was born—I had not drunk anything but water—I saw her and another woman together—I caught hold of the other woman.
COURT. Q. Did you see the prisoner go to another woman, as if passing your purse away? A. I did.
MR. PAYNE. Q. How long did the man pinion your arms? A. It could have lasted but a second—he held me by the wrist—I raised my arm and struck him—the whole transaction of the robbery and my having the woman in possession, and the policeman coming up, did not last five minutes—the prisoner kept going on while the man was holding me—my whole attention was riveted on the woman over the man's shoulder—the prisoner kept going on—after I got away from the man I went and laid hold of another woman, who I supposed the prisoner had passed my purse to—I held her some time—I let her go, when I found I could not drag her along fast enough to get them both—I caught the prisoner, crossing what I call Trafalgar-square—she was going rather obliquely towards the Adelaide Gallery, or the National Gallery—I do not think it was 100 yards from where I lost my purse—I never lost sight of her.
COURT. Q. Have you any doubt that there was no other person near you that could have taken the purse but her? A. No one.
JAMES PHILPS (police-constable A 108.) I saw the prosecutor running, and the prisoner before him—I took her into custody—he charged her with taking his purse—there was another woman going in another direction, evidently in a hurry.
Cross-examined. Q. You did not see it till after something had taken place with a man and another woman? A. No—the prisoner was taken at the corner of Trafalgar-square and Cockspur-street—I am on that beat—I do not know the prisoner.
GUILTY . Aged 27.— Judgment Respited.
JOHN BELL . I am a seaman, and lodge in Gill-street, Limehouse. I met the prisoner on the 23th of Nov.—I asked her to show me the Three Crowns public-house—she asked me to go with her—I went with her to the Three Crowns—she asked me to treat her, and I did—I then went with her to a house—this was about seven o'clock in the evening—I pulled off my boots and my jacket—I had three half-crowns and a rupee in my trowsers—I laid down with that money in my pocket—I got up in about an hour—my boots were gone, and my money also—I asked the prisoner to get me my boots—she told me they were in pawn—I lost a rupee which was in my trowsers—I never told the prisoner she might pawn the boots—no one else had been in the room—these are my boots.
pawned at our house, but I did not take them in—this is the duplicate that was given for them.
ROBERT FROST (police-constable K 277.) I took the prisoner—I asked for I the duplicate and she gave me this—there was 4s. 11d. found on her—she I said the prosecutor gave her the boots and she pawned them—she said he had no money at all.
Prisoner's Defence, I met him, and asked him to give me something to drink; we went into the Grapes; we sat there and had several half-pints of rum, and then we went to a room; he said he had no money; he pulled off his boots and said, "Get me an easier pair, these I cannot wear;" I took them, and then he was very sick; I called the man of the house; the prosecutor then asked for his boots; I said, "I have pawned them, and here is the duplicate and the money."
JOHN BELL re-examined. She did not offer me the money nor the duplicate—she abused me—I did not know she was going away with the boots—I had no connection with her—she asked me to stand some gin, and I gave her 1s. to get some—I was not sick—when I awoke and asked for my boots and jacket she called me a Scotch b—.
Prisoner. I said I had not stolen the boots; I would stay till the officer came; I was quite agreeable to give up the money; if he had waited till the morning I would have got the boots out again.
The Prisoner called
JOHN BARR . I keep a little coffee-shop and soup-shop at No. 1, Bluegatefields. The prosecutor and the prisoner came to my house last Wednesday, about six o'clock in the evening—the prosecutor was very tipsy—he had been down in the mud—he was smothered in mud—he stripped off his clothes, and I hung them to the fire to dry to brush for him—the prisoner asked him if he was going to bed—he said, "Yes,"—she said he had no money—he said no he knew that, but be would leave his jacket or boots for his expenses in the morning—they went to bed, and were in bed about an hour—the prisoner then got up, and said, "I cannot lie with this man; he has been sick all over me"—she said, "He has given me the choice to pawn his jacket or boots"—I said "Do not be too fast, you do not know what a drunken man may say"—she said, "I will go and pawn the boots"—she went, and in the mean time the man fell out of bed—I went to the night-house and called Mary Ann—when I came back the man was down stairs, lying down before my fire—I said, "You must go away, and not stop here; go up to bed"—he then asked for his boots—the prisoner said she could not give them to him then—he went out with only his stocking on, and got the officer.
COURT to JOHN BELL. Q. Were you sober enough to be able to swear what you were about? A. Yes—I swear I had the three half-crowns when I went into that house.
ROBERT FROST re-examined. Q. Did the prosecutor tell you he had the half-crowns? A. Yes, and he told me where he got them—I went to. a tailor's shop—the tailor said he bad advanced him' four half-crowns—the prosecutor was sober—he appeared in the same state then as he is in now—he was not covered with mud—his trowsers were a little muddy—he was perfectly sober when I saw him at half-past eight—I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 10th June, 1844)—the prisoner is the person—she has been committed to this Court since, but the sailor did not appear against her—she is in the habit of robbing sailors—the man that came to speak for her has been living with her for years—last summer she gave him into custody for an assault, and he was imprisoned—they have been living together again since.
GUILTY .— Transported for Seven Years.
JOHN PALLON . I am a tailor, and live at No. 37, Aldgate High-street—I have one partner. About four o'clock on the 23rd of Nov., I was going into my shop—I saw the prisoner take this coat from the shop and go off—I followed him about thirty yards, and took him with it—this is the coat—it was hanging on a block by the side of the door—it is mine.
Prisoner's Defence. I was coming up Aldgate, and this man seized me; the coat was on the pavement. Witness. He threw it down just by Mr. Mann's door.
(The prisoner received a good character.)
GUILTY . Aged 17.— Confined Three Months.
MARGARET SMITH . I am a widow, and a laundress—I live in Wallis-place, Pimlico. I employed the prisoner to wash for me—I wash for Miss Burdett Coutts—I had this handkerchief and other things belonging to her in my care—the prisoner worked for me at the time—I have lost them—these are the articles.
Cross-examined by MR. PAYNE. Q. Did you see them in your house in Sept.? A. I do not know—Miss Burdett Coutts has been out of town ten weeks—I have washed for her for three years—I have seen these things before—they were not taken before they got to me—Miss Burdett Coutts sent such things to me to be washed before she left town—I will not swear that since she left town I saw these things in my house—I cannot tell when she left town—the prisoner never went to my knowledge to Miss Coutts—I do not remember the prisoner being at my house all day on the 5th of Sept.—she never drank in my house.
Cross-examined. Q. What time of the day? A. I cannot recollect—I recollect the prisoner—I had a very good opportunity of seeing her—it was in the afternoon, between twelve and five o'clock—I do not recollect having seen her before—a great many people come to our shop—I have a gown pawned by her at the same time, which proves to be her own property.
COURT. Q. From looking at her face, can you swear she is the woman? A. Yes.
GUILTY . Aged 27.— Confined Six Months.
NOT GUILTY .
121. JOHN FANNING was again indicted for stealing 1 pistol, value 3s.; 1 telescope, 1s.; 1 tobacco-pouch, 6d.; 1 powder-horn, 2s.; 1 leather strap, 2d.; 22 steel pens, 1d.; 2 seals, 1d.; and 4 watch-keys, 1d.; the goods of William John Reardon.
WILLIAM JOHN REARDON . I live in Jenning's-buildings, Kensington. The articles stated were in a box—the prisoner lodged in the house, and slept in the room where my box was—I locked the box, and found it open, and these
things were all gone—they were found in the yard by a little girl—these are them.
THOMAS BRISTOW (police-constable T 90.) The prisoner told me after he was locked up, that if I went and looked in the yard, under a barrow I should find the property—I went, and a little girl gave me the articles.
(The prisoner received a good character.)
GUILTY . Aged 24.— Confined Three Months ,
122. LEAR HENDERSON was indicted for stealing 3 1/2lbs. weight of lead, value 1s. 6d. the goods of Walter Smith and another, his masters. WALTER SMITH . I have one partner. The prisoner was in our service—I have not missed any lead, but believe these pieces to be ours—one appears to have been used in the preparation of sal-ammoniac, and the other is bored with holes—I believe it to be mine, and taken from the factory at Bow.
Cross-examined by MR. DOANE. Q. There is no mark of yours on it? A. No, but it appears as if there had been sal-ammoniac in contact with this piece, and the other has had holes bored through it, by my direction to have the air pass through—I have not seen any other pieces bored so, but there may be—the prisoner had been in our service six or seven years—I always found him a steady man.
GUILTY. Aged 33.—Recommended to mercy by the Prosecutor and Jury.
Confined Six Days.
SAMUEL BRANDON . I am a market-gardener, and live at Rotherhithe—the prisoner was in my service. I sent a wagon with nine dozen bundles of celery, and some other vegetables, to Spitalfield's-market on the 21st of Nov.—the policeman told me there were six bundles of celery taken off the wagon—he took the prisoner into custody—I went to the station and saw the celery—I believe it was mine.
Cross-examined by MR. DOANE. Q. How long has the prisoner been employed by you? A. Six or seven months—I had no character with him.
WILLIAM KING (police-constable H 83.) I watched the wagon at Spitalfields-market—I saw the prisoner take two bundles of celery from the back part of the wagon, and place them in another part of the market, in front of a shed—this is a stem of one of the heads of celery—I took him—he asked me what for—I told him when he was at the station he would know—he did not leave the celery with anybody—he covered it up and went away.
Cross-examined. Q. You saw him move these? A. I did—I was on duty in uniform—he was five or six yards from me—there was no one in the shed—it was a little after six o'clock—there were only three or four parties in the market.
GUILTY. Aged 26.—Recommended to mercy by the Jury.— Confined Two Months
JAMES DUNN (police-constable F 134.) On the night of the 21st of Nov. I was on duty in Little Russell-street, Covent-garden—my attention was drawn to a crowd of persons leaving the Theatre—I saw the prisoner and watched him—he drew something white from a gentleman's pocket—I do not know who the gentleman was—I caught the prisoner directly, and he threw this white handkerchief behind him—he resisted very violently—while I was taking him to the station-house he threw this other handkerchief down in the road.
Cross-examined by MR. MELLER. Q. How far were you from the gentleman? A., Four or five yards—there was no other officer there—I was in full uniform—it was a wet night, and I had my cape on—this did not occupy a moment—I called to the gentleman and said, "Your pocket is picked"—he did not turn round—a great number of persons were trying to get cabs—the gentleman ran across the road—I had not time to tell some person to tell him he had had his pocket picked—the prisoner was between me and the gentleman—there were no persons between me and the prisoner—I saw him deliberately put his hand in the pocket and draw the handkerchief—I did not notice whether there was any other person with him—he had a brown coat on and a light handkerchief—when I went up, he said, "What do you want me for?" and threw this handkerchief on the ground—he did not say, "Who have I robbed?"—I never found it was a recommendation in the police-force to get a number of convictions.
WILLIAM WEST (police-constable F 106.) I produce a certificate of the prisoner's former conviction, at Clerkenwell—(read—Convicted on the 10th of June, 1844, and confined six months)—the prisoner is the person.
GUILTY . † Aged 20.— Confined One Year
HORACE MORLEY HUMMELL . I live in Old Bond-street, and am partner with my brother—the prisoner was our porter—we have missed silk handkerchiefs—I have examined these four now produced—they are such as we have missed—one of them I can identify.
Prisoner. You never saw me in your shop. Witness. Yes, I am certain of it, from this circumstance, had I acted on my first impression I should have given him into custody at the time; but I looked at him and thought him a respectable man—that drew my attention to him.
Prisoner. I did not pledge them.
NOT GUILTY .
Prisoner. The seven handkerchiefs and scarf I bought in the Strand. Witness. The handkerchiefs I am unable to swear to, but the scarf I think I can from having another marked in the same way—the mark has been removed from this, hut here is the place where it was.
JOHN COOPER (police-constable D 84.) I was in a pawnbroker's shop I when the prisoner came in and offered four of these handkerehiefs for pawn—I suspected they were stolen, and took him into custody—I took him to the
station—he told me he had bought them at Thresher and Glennie's, next to Somerset-house, in the Strand—I made enquiries there, which were unsatisfactory—I then made enquiries, and found where the prisoner lived.
GEORGE JEAPES (police-constable D 152.) I was on duty at Marylebone-station—the prisoner was brought there—I found these three handkerchiefs and this scarf under the seat at the station, where the prisoner had been sitting the day before,
Prisoner. I bought them twelve months ago; I was about to be married, and went to Thresher and Glennie's, and bought four handkerchiefs, and soon after I bought the other three and the scarf, and they have been lying by ever since; I did not bide them; they must have fallen from a bole in my pocket.
GUILTY . Aged 20.— Confined Six Months.
GEORGE TOYLE . I am shopman to Henry Garrard, a tailor, at No. 12, Hungerford-street—Mr. Rumbold brought the prisoner to our shop on the 24th of Nov. with this piece of cloth—I can swear it is my master's—it had a gum-ticket on it, but it is now off—the prisoner had no business with it.
JOHN RUMBOLD . I live in Grosvenor-place, Borough-road. At half-past five o'clock that evening, I saw the prisoner handling a piece of cloth at the prosecutor's door—he suddenly whipped it off and took it away—I ran and collared him, and brought him back with it.
GUILTY. Aged 46—Recommended to mercy by the Prosecutor.— Confined Two Months.
JACKSON pleaded GUILTY .— Confined Three Months. HENRY PATTERSON SMITH. I am shopman to Thomas and John Hall, linendrapers, Bishopsgate-street On the 25th of Nov. the prisoners came to the shop about half-past twelve o'clock, for some gown-pieces—I showed them some, and Jackson selected one—they then went to—the door, and Jackson and Matthewson stopped there—I missed one of the dresses from the counter—I suspected Jackson had it—I went and lifted her shawl up, and took it from under her arm—Smith directly ran away—Smith had left one shilling on a dress that Jackson had selected.
MATTHEWSON and SMITH— NOT GUILTY .
129. WILLIAM PERKINS, WILLIAM HONE , and HENRY HOGAN ,were indicted for stealing 3 planes, value 14s.; I saw, 7s.; and 1 basket. 3s.; the goods of Christopher Smithin Williams: 1 plane, value 4s.; and I rule, 1s. 6d.; the goods of Frederick Adkins: 4 saws, value 1l. 6s.; I plough, 1l. 4s.; 1 fillister, 10s.; 6 planes, 1l.; 2 gouges, Qs.; and I basket, 3s.; the goods of John May: 2 planes, value 5s.; the goods of George Ayling: and 1 plane, value 6s.; and I saw, 2s.; the goods of John Bandy: and JULIA VAUGHAN , and PHILLIS CURRY , for feloniously receiving the same, well knowing them to have been stolen.
CHRISTOPHER SMITHIN WILLIAMS . I live at No. 54, Livingston-street, Vauxhall-bridge—I am a journeyman joiner, and work for Mr. Spicer—Perkins worked with me—I do not know either of the other two men—Perkins worked there on Saturday, the 14th of Nov.—I worked on Monday, the 16th, and the shop was locked up about eight o'clock that night—I left a basket of tools there—next morning the shop-window was found broken, which would enable a person to get into the shop with a ladder—I missed some tools—these three planes are mine, and this saw.
JOHN MAY . I work in that shop—I left my tools there on Monday, the 16th of Nov.—I missed some saws and planes, mortise gouges, and other things—I had seen them safe on Monday night—some of them are here—one saw is missing.
JOHN SUTTON BLABY . I am in the employ of Mr. Dempsey, a pawnbroker. Several of these articles were pawned at our shop—the two female prisoners pawned this plough and pair of spanners—they said they belonged to their father—I cannot say who pawned these two saws, but it was a man about the size of Hogan.
WILLIAM HOSKINS . I am in the employ of a pawnbroker. I have four bead-planes, pawned by the two female prisoners on Tuesday morning, the 17th of Nov.—they said they brought them for their father—they gave the name of Ann May, and "May" is on the tools.
JANE CORBETT . I am in the service of Mrs. Savory, who lives in Maryland-buildings. Her house is a brothel—the two female prisoners lived there—on the 15th of Nov. the three male prisoners came there—they slept there on the Sunday evening, and on the Monday evening—between eight and nine o'clock, they went out, and returned between ten and eleven with the tools—they went out about a quarter of an hour afterwards, and did not return that evening—they came between seven and eight o'clock on Tuesday morning—they asked the female prisoners if they would pawn the tools for them—they said, "Yes"—Perkins said he had fetched them from his mother's—(the male prisoners had not visited the females before the Sunday)—the females went out and pawned the tools, not knowing they were stolen—Perkins said they were his own.
JAMBS CUDDY (police-sergeant L 20.) I took Perkins at Mr. Cole's, the pawnbroker—he was offering this rule and chisel in pawn—I asked what he had to say—he said what he had to say he should say at the station, and when there, he said he had received them from a man named John, in the New Cut—that he did not know his other name—he said his company had brought him to it, and he should not have done it but for them—I took the female prisoners the next day—they said they pawned them, but did not know they were stolen—I took Hone the same day—he said he met Perkins carrying two baskets of tools, and he asked him to give him a lift with them, which he did.
Hogan—I told him it was for stealing tools—he told me did not steal them, but he went with the two prisoners to get them from the house, and Bill went in and brought them out—he said it would be a gooser, which, as far as I understand it, means there would be a stop put to their career. Perkins' Defence. I did not take them out of the building. Hone's Defence. I never slept with these boys.
PERKINS— GUILTY . Aged 18.
HONE— GUILTY . Aged 17.
HOGAN— GUILTY . Aged 17.
Confined Six Months.
VAUGHAN and CURRY, NOT GUILTY .
130. CORNELIUS GUNNING was indicted for embezzlement; and also stealing 25 printed books, value 18s. 9d.; 200 sheets of paper, 18s.; and 9 printed books, 1l.; the goods of William Mavor Watts, his master; to which he pleaded
GUILTY .— Confined One Year. (The prisoner received a good character.)
SARAH PARKER . I am the wife of Charles Henry Parker, a hosier, in Tottenham-court-road. On the 21st of Nov. I saw the prisoner and two other females—I saw the prisoner put a shirt under her cloak—the shirt had been attached to an iron rail which is carried inside our shop—I went and brought her into the shop—she had not gone many inches from the shop—I found the shirt on her—she said she did not take it—she did not come into the shop to buy it—my husband had crossed the road to buy some paper, and I came into the shop and saw this.
Cross-examined by MR. PAYNE. Q. IS the iron outside the door? A. No, it comes into the shop—I did not wish to press the charge, but Mr. Henry said she had been there before, and he would send her,
MICHAEL CONWAY (police-constable H 63.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 12th May, 1845, and confined three months)—the prisoner is the person.
GUILTY .— Confined Nine Months.
132. JOHN GRAVES was indicted for stealing 1 canvas bag, value 1d.; 38 sovereigns, and 4 shillings; the property of James Hawkins, from his. person; and that he had been twice before convicted of felony.
MR. RYLAND conducted the Prosecution.
JAMES HAWKINS . I live in Berkshire, and keep a grocer's shop. On the 17th of Nov. I came from Peterborough to the station at Euston-square—I got there at a quarter past eleven o'clock—I saw the prisoner there—he held up his finger, and said, "Where do you want to go?"—I said, "To Padding-ton station"—he said, "Come with me, and I will show you"—we went a long way, and were talking about how we got our living—he said he got his living in this way, and to pay him for his trouble I took out a shilling and a four-penny piece and gave it him—he seemed dissatisfied, and I said, "Come into a public-house, and I will give you something to drink"—we did so, and then
we went down to Paddington, and were too late for the train—I took my ticket to go by the next train, and we came back to the same house to drink again—I fell asleep there—the prisoner was in my company when I fell asleep—I awoke after a time, and he was gone—I put my hand to my side-pocket, and missed my bag, containing thirty-eight sovereigns and some silver, but I could not say how much—I went out and stood and considered, and then I went back to the railway station again—I gave information to a policeman, and then another policeman went and found the prisoner—I had taken out my bag to pay for some liquor while I was with him—he was close to my side, and could see it.
Cross-examined by MR. HORRY. Q. Was it the Mint public-house you went to? A. Yes, I know it now—I did not know it at the time—there were several persons in the room we went into, who had whips and such like—we had six glasses of brandy and water at two different times—we went into the house twice—we had some porter besides—I cannot say how long I was in the house—I fell asleep and awoke up—we went to the public-house, and then he showed me the station, and then we came back—I sent the prisoner for some of the liquor—my coat was cut.
LOUISA ALDRIDGE . I am bar-maid at the Mint public-house. On the 17th of Nov. I saw the prosecutor and prisoner there together—they had six glasses of brandy and water—I served them—the prisoner came out and fetched them—he paid for it—they staid about half an hour, and then went away to the Paddington station—they were a little the worse for liquor, but not tipsy—the prosecutor was the worst—there were a good many other people in the room.
JOHN JINISON . I am a labourer, and live in Drummond-street. On Tuesday, the 17th of Nov., I was at the terminus, and saw the Peterborough train arrive—the prosecutor came by it—I saw the prisoner—he went up to him, and they went away together on foot—it was a quarter past eleven o'clock in the morning—I saw the prisoner again at half-past three o'clock—he came with a cab—he got out of the cab—he asked me and three more if we would have any beer—we said, "Yes"—we went, and had 6d. worth of gin instead, and a screw of tobacco—the prisoner was the worse for liquor—I stopped with him about ten minutes—he showed me a half-sovereign which he took out of his fob-pocket, and said, "That is the way to do it,"
Cross-examined. Q. He appeared very merry, did not he? A. Yes.
WILLIAM SPORNE . I am pot-boy at the Grafton Arms, Grafton-street, Tottenham Court-road. On Tuesday afternoon, the 17th of Nov., the prisoner came in a cab, about three o'clock—the cabman had two glasses of gin, and the prisoner had one glass of brandy—the prisoner paid for it—he gave a shilling, and my master gave him change, and he gave me 2d.—the prisoner had a sovereign in his hand linking on the counter—I knew him before when I lived against the railroad—I had known him two years,
Cross-examined. Q. Was he spinning it on the counter? A. Yes—I have seen many people do the same thing.
JOSEPH POWELL . I am a shoemaker, and live at my father's, in Phillips'-buildings, Somers-town. The prisoner lodged there—he slept with me—on Tuesday, the 17th of Nov., he came home between four and five o'clock—he was tipsy—he pulled off his cap, went up stairs, and went to bed—I said, "You have had pretty good luck to-day, John"—he said, "Yes; I owe you 1s.; I have had pretty good luck to-day; I will pay you to-morrow"—I was there when the policeman came for the prisoner—I lighted the policeman—he found under the prisoner's bed a little bag of sovereigns—I and my father were at work in the room when he went to bed,
Cross-examined. Q. You knew him as a porter at the railway? A. Yes—he plies outside there for any one.
JANE POWELL . I am the sister of Joseph Powell, and live at that house. On the 17th of Nov. I made the bed the prisoner slept on—I turned the bed over—I saw no bag of sovereigns—I made the bed, so that if there had been a bag of sovereigns I should have seen it.
GEORGE CURTIS (police-constable S 43.) I received information of this robbery at half-past six o'clock that evening—I went to the prisoner's lodging, in Phillips's-buildings—I found him in bed—I told him I wanted him for a robbery on a countryman—he hesitated about getting up, but he did get up—when he quitted the bed, I searched, and found this bag, containing thirty-three sovereigns and a half, under the bed—at the station I found one of the sovereigns was battered—this is it—I showed it to the prosecutor before the Magistrate, and he claimed it
Cross-examined. Q. The prosecutor did not say anything to you till you showed it to him? A. No.
JAMES HAWKINS re-examined. Q. Before the Magistrate did the policeman show you any particular sovereign? A. Yes—I examined it, and knew it—this is the one—it is mine—it was safe in my. bag when I came from Peterborough—I did not see it again till I was before the Magistrate—I know it by the battered and scratched marks on the head of it—I rather doubted whether it was good—I am sure this is the sovereign that was in my bag—I took it in my hand and threw it on the table to ring.
Cross-examined. Q. Have you examined every other sovereign? A., No—I did not examine every sovereign I had when left Peterborough—I cannot say whether I had any more in the bag that might be a little jagged like this.
MR. RYLAND. Q. Whether there were more in the bag or not, are you sure about this one? A. I am sure about this one—this bag is not mine.
JOHN FREWIN (police-constable D 167.) I produce two certificates of the prisoner's former conviction at this Court—(read—Convicted 31st Jan., 1842, and confined three months; and on the 9th of May, 1842, and confined two years)—I was present at both the trials—the prisoner is the man.
GUILTY.* Aged 21.— Transported for Ten Years.
WILLIAM DERISLEY . I am a hosier, and live at No. 68, Bishopsgate-street. On the 26th of Nov. the prisoner came to look at some stockings—he then asked to look at some braces—he took some stockings, stuck them in his coat, and ran off—I ran to the door—the prisoner was overtaken, and produced by the policeman—these are my stockings.
Prisoner, Q. How can you swear to them? A. By the mark on them.
GUILTY.*— Confined Six Months.
GUILTY of a Common Assault,— Judgment Respited ,
THIRD COURT—Saturday, November 28th, 1846.
135. WILLIAM ESWORTHY was indicted for obtaining the sum of 1l. 12s. 4d., the property of Martin Moore, by false pretences: also, for attempting to obtain other monies from the said Martin Moore, by false pretences; to both of which he pleaded
GUILTY .* Aged 35.— Transported for Seven Years.
GUILTY . Aged 15.— Confined Twelve Months.
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
(The prosecutor did not appear.)
NOT GUILTY .
JOHN TEMPSON (police-constable K 25.) On 23rd Nov., about nine o'clock at night, I went to Bow-lane, Bromley—I found the prisoner standing against a wall, with a bag containing two canvas sails—I asked where he got them—he said a man gave him sixpence to carry them to a marine store dealer's, that was about twenty yards further on—I took him into custody.
ANDREW MITCHELL . I am a waterman and live at Folly Cottage, Black-wall—I have the care of a sloop yacht called Scorpion, which lays off the shore there—these two sails belong to William Thomas, the owner of the Scorpion—I left them safe between four and five o'clock on the yard of the vessel ready for sailing—I had seen the prisoner walking on the shore that day—he could get into the sloop without a boat.
Prisoner's Defence. The bag was brought to me; I did not know what was in it; when the policeman stopped me the man ran away.
GUILTY . Aged 20.— Confined Six Months.
MARGARET CHIVERS . I am wife of Noah William Chivers, of Grosvenor-street, Stepney—the prisoner came three times, and saw my husband the last time—they went out together and came back together—my husband told him to tell me what he had come about—he said to me," Mrs. Chivers, I am very poor and distressed, I am come to ask you if you will allow me to take your likeness for 7s. 6d."—I said, "No, I am not well, and don't wish for anything of the kind, and besides, I am short of money"—I at last consented to give
him 2s.—he came on Monday, and asked me for a satin drees which I was going to be drawn in, he said he wished to put it on a model—I let him have it—I made him promise several times to bring it back—he said he would bring it back on Tuesday, from two to half-past two o'clock—he came on Tuesday, but did not bring it—I asked him for it, he said he had not done with it—I said I must have it on Wednesday, for I was going out—I went to his lodging on Thursday night, and he gave me a pawnbroker's duplicate—this is the dress (produced)—it is my husband's property—I gave it to the prisoner at nine o'clock on Monday morning, and find by the ticket that it was pledged the same day.
Prisoners Defence. I did not steal it; Mrs. Chivers gave it into my hand; I called, and made arrangements with her to redeem it, if she allowed me till the following Wednesday, but I was given into custody on Tuesday. GUILTY . Aged 26.— Confined Six Months.
NOT GUILTY .
143. JOHN BROOKS was indicted for stealing, at St. Martin's-in-the-fields, 3 sheets, value 4s.; 3 night-gowns, 2s. 6d.; 3 shifts, 3s.; 1 pinafore, 1s.; 2 pairs of drawers, 1s.; 2 shirt-sleeves, Is.; 3 napkins, 4d.; 3 stockings, 4d.; and 1 gown, 4d.; the goods of James Huntley: and that he had been previously convicted of felony.
MARY HUNTLEY . My husband is a cloth-worker. On the 19th of Nov., about five o'clock in the afternoon, I went into my kitchen, and found this bundle at the foot of the stairs—the things in it are my husband's—I called for a young man who lodges in the house—I found the prisoner at the back area window—he caught me by the throat—I struggled with him, and got away—I went up stairs into the passage, out of the house, and called the police, who came and took him—all these things are my husband's—I had left them hanging wet in the kitchen—I do not know the prisoner.
Prisoner's Defence. I was passing the house, and asked a young woman who came out, if I might go in to ease myself; as soon as I got in I met the prosecutrix, who gave me into custody.
GUILTY . Aged 18.— Transported for Seven Years.
GUILTY . Aged 28.— Confined Twelve Months.
(The prisoner received a good character.)
MR. ROBINSON conducted the Prosecution.
JOHN MAGUIRE . I live in Sophia-street. On the night of the 8th of Nov. I was in the Harrow public-house, at Poplar, standing by the fire—the prisoner came in with an open knife in his hand, and stabbed me in the arm, through rny jacket, and through two shirts—he went out of the house directly—a policeman came in—I went out with him—a young man came and said the prisoner was in the Green Dragon—I had seen the prisoner in the house an hour before—that was the only time—there had been no quarrel.
Cross-examined by MR. CLARKSON. Q. What did you have done to your arm? A. The station-house doctor dressed it five or six times—he put some plaister on it—I did not go to the prisoner and say if he would give me 10s. I would not go up against him—I have seen that man before—(pointing to one)—he did not strike me with anything—I swear that—I heard no disturbance in the house that night about the loss of a cap—I did say the next afternoon if I got my day's work I would say nothing about it—I had lost my day's work—that is 4s.—I have lost my work ever since, through stopping away next day—I never told the engineer of the prisoner's vessel, that it had now come to 12s., and I could not take less—I said nothing to him about 12s.—the blood trickled down my arm from the wound.
JEREMIAH HOLLAND . I live in Robin Hood-lane, Poplar. I was at the Harrow, standing by Maguire, and saw the prisoner rush into the tap-room, and stab Maguire in the arm—he ran away directly—I saw no quarrel—I just saw the blade of the knife—it might be four or five inches long.
Cross-examined. Q. You do not know whether he was sober or not? A. No—I am not certain that that is not the man who did it—(pointing to one.)
Cross-examined. Q. It was a slight injury? A. Yes.
RONALD ROBERTSON . I am a surgeon, and live at Poplar. I examined Maguire's arm—his jacket and shirt-sleeve were cut through—I found a wound half an inch in length, dividing the integuments—it could be inflicted by some sharp instrument—it was not dangerous.
(The prisoner received a good character.)
GUILTY of an assault. Aged 32.—Recommended to mercy by the Prosecutor— Confined Six Weeks.
ELIZA MIDDLETON , I live at No. 4, Phillip-street—the prisoner lives at No. 22. On the night of the 23rd of Nov. the prisoner, his wife, and I went together to a ball—we came home together—the prisoner rapped twice at the door—it was not opened—his wife then went to rap—I did not hear what the prisoner said to her, but they had a scuffle—whether he knocked her down or not I cannot tell, but she came to the ground, and I saw him kick her—the door was opened immediately she fell, and they went in—I went in—I had a baby in my arms—I went into their bed-room—the prosecutrix was lying on the floor in a gore of blood, and the prisoner was kicking her—I saw him kick her—the blood came from her head—he had had a little gin and beer, but was not drunk.
Cross-examined by MR. DOANE. Q. Are you a relation of the prisoner's? A. No, we are neighbours, and on intimate terms—I cannot swear that the
prosecutrix drank more than she ought—I had the same as the rest—I had a little gin when they were in my company, but they were not In my company all the evening—they seemed to have had a little too much—I danced with some other people—the prisoner and I were partners—his wife danced with somebody else—six couple of us walked home together, about three o'clock in the morning—the prisoner knocked rather gently—the prosecutrix knocked loud, so that the prisoner was afraid the neighbours might be disturbed, and remonstrated with her about it—I saw him kick her before the door was opened—I did not see anything take place in the passage, as it was dark—the bed-room is on the ground-floor—I went in, and the prisoner was kicking her—I said, "Oh, Mr. Middleton, you should not do that!"—he told me to go out—I did not see a poker in his hand—some policemen knocked at the door, and the prisoner went and let them in at once.
MARY MIDDLETON . I am the prisoner's wife. On Wednesday, the 4th of Nov., I had been to the ball with him and the last witness—we came home—he knocked gently, and I loudly—he said, "What are you doing that for?" and at the same time gave me a blow in the face—I fell, and cannot tell what happened afterwards at the door—I found the door open, and walked into the bed-room—my husband locked the door, and we began to quarrel—he asked the reason I knocked so loud, and gave me another blow in the face—I do not recollect giving him any blow—I cannot tell whether he kicked or knocked me while I was on the ground, but he gave me several blows in the face and neck, whether with his hand or not I cannot tell—I called out, "Pray some one come in, for I think he will kill me," and called, "Murder"—the police were sent for, and came—the people of the house opened the door to let them in—when I came to myself a doctor was in the house—I did not leave my bed till the Sunday following.
Cross-examined. Q. You got a little the worse for liquor? A. I cannot say I was perfectly sober—I had had several little drops of gin—I will not swear I did not strike him, but do not think I did.
HENRY BENJAMIN LILLY . I am studying at' the London-hospital. On Wednesday morning, the 4th of Nov., I attended the prosecutrix at her own house—there were three cuts, one on her forehead, and one over each ear, and several bruises—they might have been done by a kick, or a poker, or with a shoe, but not with the hand or fist.
WILLIAM THURGOOD (police-constable K 380.) I heard screams, and went with Bowbury—the prisoner came to the door—I asked what all that screaming was about—he said he and his wife were having a few words, she struck him first, and he up with a poker knocked her down, and kicked her—I went in, and found her on the floor in a gore of blood, insensible—I fetched a surgeon—I took the prisoner into custody—he said at the station that he did not use the poker.
CHARLES BOWBURY (police-constable K 347.) I went to the door with Thurgood, and heard kicking and blows—the door was shut, we could not get in—I heard the prisoner say, "You b—, I will show you Lancashire"—we knocked at the door—it was two or three minutes before we got in—I cannot say whether the prisoner opened it—he came to the door—I found his wife on the floor in a gore of blood—he said they had had a few words, and he struck her down with a poker, and kicked her afterwards—I sent Thurgood for a surgeon, and the woman's wounds were dressed—the prisoner was taken to the station—he then said he never said anything about a poker. GUILTY of an aggravated Assault. Aged 35.—Recommended to mercy by the Prosecutrix, who stated that he had injured her before. Confined Six Months.
GEORGE JAMES SUCKLING . I am 13 years old, and live with my father, James Suckling, at Kensington. On Tuesday night, the 3rd of Nov., about five minutes after six o'clock, I was in the back-parlour, and heard somebody walking up and down in front of the house—I heard a noise as if a nail dropped—I and my mother went to the front, door and to the garden-gate in front of the door—we found a pair of shoes at the gate, and a barometer leaning against the hinges—that was not its proper place—there was also a square box, like a writing-desk, by the lamp—we carried the things in.
JAMES SUCKLING . I was usher at the Police-court, Bow-street. On the 3rd of Nov., about a quarter-past six o'clock, I returned home towards my house, met the prisoner, thought he looked a suspicious character, and stood aside to watch him—I went home, and from information I received I pursued the prisoner, and found him in Silver-street—he got into a place where there is no thoroughfare—a constable came up, and I gave him into custody—I saw he had no hat or cap on, and when he came to the light I saw he had no shoes on—next morning I was in the garden—my attention was called to a man's cap in the next garden—the policeman has it.
Prisoner, Q. Did you see me with any property? A. No, you had nothing.
ELIZABETH SUCKLING . I am the wife of the last witness—I found some shoes at the garden-gate—they were quite warm—I took them and the barometer in doors—I put the shoes inside the passage-door—they remained there till the policeman came.
CATHERINE HOTCHKIN . I live with my father, Lambert Hotchkin, next door to Mr. Suckling—this desk is my father's—I saw it safe between three and four o'clock on Tuesday afternoon—the window was then closed—I am not sure whether it was fastened—it looks out into the garden—I did not miss it then—I went out.
SAMUEL PUDDEFOOT (police-constable T 127.) The prisoner was given into my charge—I asked him if he had not got a cap and shoes—he said he had, but he had left them at Harrow-on-the-Hill—as he went to the station he said he had been in a public-house in the neighbourhood, and had been robbed of his shoes, while he was asleep.
Prisoner. I said I was asleep in a public-house, at Harrow-on-the-Hill, and my shoes and cap were taken from me.
JAMES CLARKE (policeman.) I went to the house, received a writing-case, and found this pair of shoes, which I produce—I fitted them on to the prisoner's feet, at the Police-court, and they fitted him exactly—I reeeived a cap at the Police-court at Hammersmith, from Mr. Suckling—the prisoner asked what kind of a cap it was, and said his had a red lining—he owned it.
Prisoner. I said it was very much like mine; I did not say anything about the lining; I can produce mine (doing so.)
LAMBERT HOTCHKIN . I live in the parish of St. Mary Abbots, Kensington—it is my dwelling-house—I passed the window at half-past five o'clock—it was then closed—the alarm was given about a quarter-past six—it was then open, and some flower-pots moved from it—I think the desk was taken without getting in—it was near the window—the cap was found in the next garden to mine.
Prisoner's Defence. I wore the cap at the public-house, and have the shoes on my feet now.
JAMES SUCKLING re-examined. There was no thoroughfare where the prisoner ran down, and he tried to get over a door to get into the garden—he fell, and was left without a cap—that answered to his having some blood on his nose—I found the cap in the garden next day—I stated this before the Magistrate.
GUILTY . Aged 26.— Transported for Seven Yean.
(There was another indictment against the prisoner.)
148. MARGARET DIXON, MARY ANN FRANKLIN , and MARY BOYD were indicted for assaulting George William Stripling, and putting him in fear, and stealing from his person and against his will I watch, value 4l.; and 1 swivel, 1s.; his goods.
GEORGE WILLIAM STRIPLING . I live in Little Queen-street, Holborn. On the 23rd of Nov., about twelve o'clock at night, I was at the corner of Gray's Inn-lane—the prisoners accosted me—they all three took hold of me at once—one of them took hold of my watch, and took it out by main force—my watch-guard broke—I have got the remainder of it in my pocket now—I called "Police," and held Dixon and Franklin till the policeman came—I am sure of them—Boyd ran away, but not out of my sight—I can swear she is one of the three who accosted me—they said nothing to me.
Cross-examined by MR. HORRY. Q. What were you doing there? A. I had been to a friend in Darlington-street, Leather-lane—I did not know Dixon—I will swear I was not in her company a very few minutes before—on my oath I did not go home with her, nothing of the sort—she did not call me a cheat, and say I would not pay her, nor ask me for money—I can prove where I was—not a word passed—I did not hear one of them say, "Why don't you pay the girl the money?"—they said nothing to me—I had no dispute with them at all—I had had two small glasses of gin and water, and nothing else—I was quite sober.
JOHN HENRY LOWE (policeman.) I was in Holborn about a quarter to twelve o'clock—my attention was drawn to a party at the corner of Gray's Inn-lane, and I heard the exclamation, Why do not you pay the girl?"—they were about three yards from me—I noticed the man being violently pulled about—I drew nearer, and heard the man call out, "Police!"—a female directly left the party and crept along closely by the wall—I went and asked what was the matter—Stripling said, "They have robbed me of my watch"—I directed Taylor's attention to the female leaving the party, no other female being near at the time—Stripling was holding two females—I asked if he charged them with robbing him of his watch?—he said, Yes."
Cross-examined. Q. Was there a dispute before you got up? A. When I looked towards them—I have said all I heard.
JOHN RUSSELL TAYLOR . I was with Lowe—he pointed out Boyd to me—I went after her and took her—as I brought her back she dropped this watch—I did not see it fall, but heard it, and picked it up directly—she denied dropping it.
Cross-examined. Q. Did you hear Dixon say, "He went home with me, and did not pay me?" A. At the police-court I did—I heard Franklin say, "I went up when the cry of' Police' was."
DIXON— GUILTY . Aged 22.
FRANKLIN— GUILTY . Aged 26.
BOYD— GUILTY . Aged 30.
Transported for Seven Years.
OLD COURT.—Monday, November the 30th, 1840.
Second Jury, before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
REDMOND BARRY . I am a labourer, and live at Jennings'-buildings, Kensington. On the 27th of June, I was standing near Mr. Gale's, the tobacconist's shop, in High-street, Kensington—the prisoner's wife came up and said something to me—the prisoner very soon after came up to me and went towards the Coach and Horses public-house, where there was a row—he could not get in—he then came across the street and asked me how I was—I said, "Very well, how do you get on?"—he said he did not know hardly—my mistress came up, put 6d. into my hand, and said "Take him down to the Prussia public-house and give him a pot of beer"—I had had no quarrel with him before that—he said in the public-house that he had come with the intention of taking Stephen Hayes' life away"—I said, Do not do it; never be guilty of such an action as that; he is a poor man with a large family; take and give him a good hiding, but do not take his life away"—(there had been a quarrel between Hayes' wife and the prisoner's sister—the sister had told the prisoner about it)—I took him away from the public-house after having a pint of beer to drink, and his wife and me and my wife went together—I took him across the street as far as the King and Queen—two men came and treated him to a pot of beer—I went back to my own room in a very few minutes—the prisoner came there—I then lived at No. 6—he came down the courtjumping about, and asking if there was any rascal who belonged to Stephen Hayes—Hayes came into the court and met the prisoner, and the prisoner struck him—I went and parted them, and Hayes then ran away to his own room—the prisoner then said, "Hayes did not have it; what Hayes did not have you shall have"—he then made towards me, and then struck me—I defended myself as well as I could, and struck him—I tried to throw him down—he got away from me, and went across the street to the wall, went two or three yards from there—he only went across the channel about a dozen yards, and came back again and. stabbed me in the side—I did not see any knife when he and I were struggling together—he did not strike me with the knife before he went across the channel—he then returned and stabbed me—he did not go into any house—I was taken up the stairs to my own room—I said I was struck with something—I found part of my entrails protruding—I was taken to Dr. Merriman, then to St. George's Hospital—I was there ten months—I am an Irishman—the parish of Kensington have supported me and my family ever since—I have been laid up ever since, and unable to attend to my work—last Saturday six weeks I was obliged to come home from my work with one of my guts coming out—I never saw the prisoner afterwards till he was taken into custody.
Cross-examined by MR. O'BRIEN. Q. Did you and Smith remain long in the public-house.? A. No—we were always good friends before—he and Hayes were fighting when I came out—there was a great
crowd—we had been fighting three or four minutes when this happened—neither of us had been knocked down till he stabbed me—I did not knock him against the wall—the crowd pushed us, and he went against the wall—we had not been fighting live minutes when I received the stab—I saw the person who stabbed me, but I did not see the knife—I do not know whether there was a great crowd—there are always a good many people where there is a row—it is merely from the position in winch he was that I judge it was him who stabbed me.
COURT. Q. Was there anybody close to you besides him at the time you received the stab? A. Yes—he crossed the gutter, came back, and stabbed me—the people round did not interrupt us—I am certain it was he that gave me the wound—he came up by my side and stabbed me.
Q. You did not see the knife at all? A. No—there were a good many women there—there were some friends belonging to the prisoner there—he hail had two or three rounds with Hayes before I came down stairs—Hayes was a strong man—I did not see any blood on the prisoner—I had plenty of blood myself.
MARY PEARCE . I remember the night when Barry was stabbed—I saw the quarrel between them—I saw the prisoner standing over Barry, and saw a knife in his hand—I came out of my door, and saw he was wounded at that time—that was at the time I saw the knife in his hand.
COURT. Q. Did you see him fighting in the court? A. Yes, I saw them have two or three struggles, and fighting—I saw Smith knock Barry down two or three times, and brought out my candle—when Barry was thrown the third time he fell between two men, hut who they were I do not know—I went and called Mrs. Barry down—she came and brought him inside his own door—he was stripped, and his belly hung out.
Cross-examined. Q. You saw Barry knocked down three times? A. Yes, I am sure of that—I work at charing, but am at place now—I did not see the fight between Barry and Hayes—I am sure there were three knocks down—the prisoner had the knife up his shirt sleeve; I could see the handle—I was at my own door, about three yards from them, with a candle—I came out with my candle, saw him draw a knife out of his sleeve, and saw him do it—I am sure this is the knife—I was not many yards from him—I went and told Mrs. Barry—I did not cry out before I saw the stab—the stab was done in an instant—the knife was up his sleeve—he took it out—there were so many people round that you could not see one way or other, but I saw him do it—I was right facing the prisoner—it was right opposite the gully-hole—Barry and the prisoner were not long together—the prisoner ran away into some house down the buildings afterwards—I did not see the prisoner knock against the wall.
PATRICK LAHEE . I remember the night on which Barry and the prisoner were fighting—it is a long time ago—I tried to part them, and while doing so something scraped my hand, and hurt it—I do not know which of the two had it—I parted them—Barry went away—I saw Barry afterwards, and saw some blood on him.
COURT. Q. Did Barry call out or say anything when you were there? A. No—he did not say he was stabbed—I was examined before the Magistrate—my deposition was read over to me—I put my mark to it.
Q. Did they put down anything you had not said? A., I can tell what I saw, and what I know—these two men were fighting; that was the statement I gave I went to part them; and something hurt my hand; I parted them—Barry never grumbled at that time, till after that—Smith went away, and Barry went away, and a little time after I heard Barry grumbling that he was stabbed, and saw blood on him.
Cross-examined. Q. At the time you felt something sharp were the men in the act of fighting one another? A. They were tied together, tied to one another—I was there when they were fighting—they did not have another fight after I parted them—I did not see the prisoner go any distance and
come back again—he could not go away; they were tied to one another—neither of them were knocked down in my presence—they were against the wall—I do not know who was nearest the wall, or who seemed to have the best of the fight.
ANDREW DOOLAN . I remember the night on which Barry was stabbed—I then occupied a room in Jennings'-buildings—the prisoner came into my room both before and after the quarrel—the second time he asked for a drink of water—I gave it him, and he went away—I never saw him after till he was apprehended.
COURT. Q. Did you see him fighting with Hayes? A. No—I saw the row, a lot of people together—I do not know what Hayes and the prisoner were doing—my deposition was read over to me before I put my mark to it.
Q. Did they read anything to you that you had not said? A. Yes—I did not see Hayes and the prisoner fighting—I never swore I did—I saw the row—I did not see any blows between them, nor did I see Smith and Barry fight—I call a row a lot of people being together—they were doing something, but I saw no blows—Smith was cut in the nose when he came in to me—(the witness's deposition was here read, as follows:—)
"I saw the prisoner fighting with Stephen Hayes in the buildings; after it was over he came up into my room; he sat down for ten minutes or a quarter of an hour, then left, as I thought, to go home; directly he got down I heard another row in the buildings, and in a short time after the prisoner came again to the room, sat on the bed, and asked me for a drop of water; in about ten minutes after that I went with him to the end of the buildings, and on my return I heard that Barry was stabbed.")
Witness, That is right; I never saw him fighting; I never swore that I did.
THOMAS BATLT SMITH . I was an inspector of police at the time in question, but have now left—I received information of the man being stabbed, as near as I can recollect, on the next day—I immediately directed search to be made for the prisoner, but did not succeed in apprehending him—I received this knife from a man named Luddie, I believe—I heard the witness's deposition read over before the Magistrate.
THOMAS BRADSHAW (police-constable T 130.) I took the prisoner into custody on the 10th of Nov. of the present year, at No. 8, Exeter-buildings, Knightsbridge. I told him I took him into custody for stabbing Redmond Barry in 1841—he said he was there but did not do it—I have not been able to find out the person who dressed the wound.
COURT to R. BARRY. Q. Can you give us any idea in what way the blow struck you; did the wound go upwards or downwards? A. It went in straight, and turned round in my belly like a key does in a lock—the wound kept open for eleven months before it was closed the first time.
(Edward Keep, labourer, of Kensington, Stephen Barry, and Mary Collins gave the prisoner a good character.)
GUILTY . Aged 33.— Transported for Fifteen Years.
NEW COURT.—Monday, November 30th, 1846.
Sixth Jury, before Edward Bullock, Esq.
150. HENRY EMERTON was indicted for that he, about the hour of three o'clock in the night of the 12th of Nov., at All Saints', Poplar, being in the dwelling-house of William Vince, feloniously did steal 1 wafer-stamp, value 10d.; the goods of Joseph Eastwood: and 1 glove, value 3d.; I bottle of gin, Is. 4d.; and 120 farthings, the property of William Vince; and having so committed the said felony, did burglariously break out of the same dwelling-house.
MR. PAYNE conducted the Prosecution.
WILLIAM VINCE . I keep the City Arms public-house in Ord-street, Mill-wall—it is my dwelling-house, and is in the parish of All Saints, Poplar. The prisoner had been in my service as a pot-man—he was discharged on the 13th of June—in consequence of my house having been broken open several times within a short space of time some persons were on the watch—on Thursday, the 12th of Nov., I was the last person up in my house—I shut up the place and went to bed about half-past ten o'clock—I saw it all shut up safe—about three o'clock in the morning the policeman rang the bell, and I went down stairs—there is a flap leading into the cellar, in the passage or a sort of lobby—it was down when I went to bed, and when I came down I found it lifted up—it prevented the lobby door from opening—I examined the house—there was no mark of violence on the outside—there is a wash-house there—from the appearances, I should say a person had got out of the house by unbolting the wash-house door, and going up the steps from the wash-house into the back yard—there is no communication between the back yard and the cellar—the wash-house is on the same floor with the cellar—a person could get from the wash-house to the cellar, and from the cellar to the wash-house, from which there are steps leading up into the yard and over the wall into other yards and get away—I examined the doors of the spirit and the beer-cellar—I found them open—I had left them locked—I examined the bar, and missed from there half a crown's worth of farthings, a glove, and some screws of tobacco—I know the paper the farthings were wrapped in—that paper was produced by Edwards, the officer—the farthings were safe the night before—they must have gone between half-past ten o'clock at night and three o'clock in the morning—I had in my spirit-cellar a cask of unsweetened gin—the officer produced this bottle of unsweetened gin to me—I have tasted it, and it corresponds with mine—this glove was produced to me—it is mine, and was in the bar—these parcels of tobacco are in paper which corresponds with what I had put the tobacco in the night before, and this is the paper the farthings were in—I have a perfect recollection of it—I have not a doubt this is the paper I put them in—the house was searched, and there was no person in it—the prisoner was in my service long enough to be acquainted with the premises, and the ways of getting in and out—he was with me from March till June.
SAMUEL WILKINSON . I am pot-man at the City Arms. On the night of Friday, the 13th of Nov., about seven o'clock, I saw a person lying on the top of the wall in the yard—I could not see his face—I went out at the front door and round towards the place—I saw the prisoner running by the side of the wall from the spot where I had seen the person, and there was no person on the top of the wall then—I called, "Stop thief," and saw the constable catch the prisoner.
HENRY PAYNE . I am constable of the West India Docks—I have a box at my station—on that Friday, about seven o'clock, I heard, a cry of "Stop thief" by Wilkinson—I went into the middle of the road and saw the prisoner running towards me very fast, coming in a direction from Mr. Vince's house—I stopped him and took him into my box—Wilkinson came up and said he was the man who had run from the wall of the City Arms—the prisoner did not say anything—I had just taken this bottle of gin from his side pocket when the policeman came up—I gave the prisoner and the gin to him.
Friday evening, I received the prisoner from Payne, and this bottle of gin—the prisoner said he had had it given him by a young man whom he did not know—I found on him a paper containing 120 farthings, five screws of tobacco, this glove, and this wafer-stamp.
JOSEPH EASTWOOD . I am pot-man at the City Arms, and live in the house—I had a waistcoat hanging up in the pot-house on the 12th of Nov.—this wafer-stamp was safe in the waistcoat pocket on the Thursday night when I hung my waistcoat up—the next morning at nine o'clock my stamp was gone—this is it.
JEREMIAH NORTON (police-constable K 129.) About a quarter before three o'clock on Friday morning, the 13th of Nov., I was passing the City Arms, and I observed a light over the door—I got a brother officer, and posted him at the back of the house—I listened at the door, and heard a footstep—I rang the bell, and went over the house with Mr. Vince—I could not find any person—the celler flap was up—supposing a person had been there when I heard the footstep, that person could have got into the yard and over the wall.
JAMES HARRIS (police-sergeant K 21.) The prisoner was brought to the station—I asked him to account for the things found on him—he said he received them from Sam Chappel—I said, When?"—he said, "At five o'clock yesterday morning on the Dock bridge"—he said Chappel went into the house and came out and gave them to him—I have searched for Chappel but have not been able to find him—the prisoner said when Chappel went in he was waiting for him on the Dock bridge—he did not say when Chappel went in—he said he was in the house when he himself was taken—the Dock bridge is only a few yards from the City Arms, close to it, only across the road—any person on the bridge would be in view of the prosecutor's house—the prisoner said "Five o'clock yesterday morning," which, from the time bespoke, would be five o'clock on Friday morning.
COURT. Q. IS there such a person as Sam Chappel? A. I have inquired—there is such a person, but I cannot find him—the prisoner said he should look for him somewhere about Ratcliffe-highway if he wanted him.
GUILTY . Aged 19.— Transported for Seven Years ,
(There was another indictment against the prisoner.)
151. WILLIAM EDWARDS and WILLIAM BAKER were indicted for feloniously breaking and entering the dwelling-house of Joseph Morris, on the 15th of Nov., at St. Dunstan, Stepney, and stealing 5 waistcoats, value 2l. 10s.; 2 coats, 5l.; 1 pair of trowsers, 1l.; 4 handkerchiefs, 8s.; 2 spoons, 4s.; 1 ring, 5s.; and 1 shilling, his property.
MR. HUDDLESTONE conducted the Prosecution.
JOSEPH MORRIS . I am a clerk in the City—I live at No. 14, Turner-street, in the parish of St. Dunstan, Stepney—I keep the house—I and my wife live in it. On the 15th of Nov. I and my wife left the house—I left Mrs. West, my lodger, in the house—we returned a few minutes before seven o'clock in the evening—I tried to open the door with the key, and found it was fast inside—I knocked and rang the bell—no one answered—I spoke to my wife, and she went to the corner of the turning—when she was at the corner she called to me—I ran round immediately, and saw the prisoner Edwards dropping from the wall of the corner house—there would have been time for a person to have got over my garden wall to my neighbour's, and to have dropped, from the time I knocked—I laid hold of Edwards—he turned round and attempted to strike me—he ran round the corner—I was still in pursuit of him, and up came another person and stood before me in a fighting
attitude—Ed wards ran on—I still followed, and did not lose sight of him till I he was taken—I went into my house and found the back parlour window open—I am confident it was fastened before I went out—I saw it fastened—I found all my clothes taken out of my drawers and trunks, everything ransacked, there was a bag nearly full with my wife's dresses, and other things rolled up as if to be put into the bag—they were all safe in the drawers and places where they should be before I left—I missed a ring, one shilling, and a little box which contained various little articles of jewellery—I have missed those altogether—the things put in the bag were worth 8l. or 9l., and some things were not put in the bag—I heard the window opened while I stood at the door.
Cross-examined by MR. PAYNE. Q. How long were you out? A. Nearly four hours—the back parlour is my bed-room—I was in that room just before I went out, and I saw the window was shut—I was in the room while my wife went to the street door—there is a catch to the window—it was thrown back from the inside—persons could get into the house by a key, from the street—an ordinary key would open my lock—my wife is not here—she got to the corner before me—I went in consequence of her calling—she had the first view of what was seen—I was standing at my door—there is no garden in front of my house—the corner is not more than six or eight yards from my house—Edwards was dropping from the wall—he had not reached the ground when I first saw him—my wife went into a neighbour's house—when I first got to the corner and taw the person, my wife was still standing there—she had seen the person's head first on the other side of the wall—she most have seen more than I did, but she could not identify the person.
MR. HUDDLESTON. Q. Did you see the man? A. Yes—I am sure it was Edwards.
MARY WEST . I lodge at Mr. Morris's. I left the house a few minutes after six o'clock that evening—my daughter went out with me—I am certain I fastened the door when I went out—I pushed it twice to see that it was secure—everything was in proper order before I left—I did not go into Mr. Morris's bed-room—when I returned every thing was turned topsy turvey in my room—the drawers were opened, and everything taken out.
THOMAS JONES . I live at Stratford, My father lives at No. 6, New Suffolk-street, which is ninety-six feet from the prosecutor's house, and is in a line with the wall the prisoner dropped from—I was at my father's house about seven o'clock on the night of the 15th of Nov.—I was attracted by the falling of glass, from the wall in a direct line with the corner house of Turner-street and Suffolk-street—I saw at the same moment the prisoner Baker rolling over the wall—I took hold of him—I heard a cry of "Stop thief I"—Baker said, "I am stopping the thief"—I said, "It is very unusual to stop a thief by coming over another man's wall"—he challenged me for taking hold of him, and said I had no business to do so—Mr. Antram came out and said, "You came over my wall"—I said, "I have got him, sir"—Baker tried to get away—one of the Thames police came in less than five minutes, and took him.
Cross-examined by MR. EVANS. Q. How many houses are between No. 14, Turner-street, and the corner of Suffolk-street? A. Three or four—the wall is in Suffolk-street—I was at No. 6, which is on the left hand side, the same side as the wall, and six houses down—I was knocking at my father's door—I did not hear a cry of "Stop thief" till I had got the prisoner—I heard a scrambling, and saw Baker come over the wall—he came from the wall on the ground—I saw him scrambling on the wall—I heard the glass fall with him—the glass and he came down together—he fell on the pavement—I
laid hold of his collar as he was rising—he turned, and told me he was stopping a thief—I am not able to say how many walls there are between the prosecutor's and the place round the corner—the wall is about eight feet high outside, and inside I think about fourteen feet—there is a doorway, and a piece of iron, by which a man could climb up—the wall is five or six feet high—Baker said he was a respectable man, and that I had no right to take hold of him—Mr. Antram came out of his side-door, which is in Suffolk street, within about three yards of the place where Baker fell—the place was not very dark, there was a gas-light opposite.
SIMON EDWARD ANTRAM . I live at No. 19, Turner-street, at the corner of Suffolk-street. I was in my parlour that evening—I heard a noise of glass, and went to my door, which is in Suffolk-street—directly I got to the street door I saw Baker in the act of rising—Mr. Jones was, 1 think, at his elbow at the time, but, coming out of the light, I could scarcely tell—I examined the other side of the wall in my premises—the man had got up by the door-way, which has three pieces across it—the wall is about one foot above the door.
Cross-examined by MR. EVANS. Q. The glass did not fall outside? A. Yes—some fell inside and some outside—I challenged Baker with coming over the wall—I did not see him on the wall.
JAMES JONES (Thamespolice-constable, No, 29.) I was on duty in Philpott-street, Commercial-road, on the 15th of Nov.—I heard a cry of "Stop thief!"—I went to New Suffolk-street, and received the prisoner Baker—I took him down Turner-street—he put his right hand into his pocket—I said, "Give me what you have got in your hand"—he put up his left hand, and gave me a dab in the mouth—I seized his right hand—he opened it, and something dropped, but what I could not tell—the mob was so great I could not get it—I took him to the station—I found on him a latch-key, and a small key, which would open the drawers in the prosecutor's place—I found on him 5s. 5d., and a small pen-knife.
Cross-examined by MR. EVANS. Q. What did he say about the two keys? A. He said one was the key of his closet, and the other the key of his chest—I tried this small key to the prosecutor's drawers—it unlocked them—I did not try this latch-key—there is no latch on the prosecutor's door.
JOHN WOOD . I live in Norfolk-street. I was at home, and heard the cry of "Stop thief!"—I ran out, and saw Mr. Morris running after Edwards, who was opposite me as I came out—we followed him till we took him—we kept him at Mr. Morris's door till the policeman came and took him.
Cross-examined by MR. PAYNE. Q. How far is this Norfolk-street from Mr. Morris's? A., It turns out of Turner-street, about twenty houses from Mr. Morris's—he was finally stopped in Phillip-street—there was no person running ahead of him in either street—he had nearly got to the corner of Phillip-street when I ran after him—there are turnings in Philip-street.
MR. HUDDLESTON. Q. Did you lose sight of the man at all? A. I did not.
CHARLES BUTLER (police-sergeant H 21.) I was on duty in Turner-street—I received Edwards from Mr. Wood—I took him to the station—he said he would make some of us pay for giving him into custody—he said he lived at No. 5, South-row, Carnaby-market—I went, but could not find that he lived there.
Cross-examined by MR. PAYNE. Q. Did you make inquiries after he was locked up? A., I went on Monday morning, when he was in custody—I went without him—I could not find out that he lived there, neither the name nor any one answering the description.
MARK JERVIS (police constable K 312.) I produce the property in the bag, and two spoons, which were on a chair—I was on duty in Turner-street that evening at twenty minutes past six o'clock, and saw the two prisoners talking to each other—I was present when the examination in this case was taken—Edwards made a statement—it was taken down—this is Mr. Brode-rip's signature to it—(read)—"I know nothing at all about it; I merely ran as other people did; this man I never saw in my life before."
Cross-examined by MR. PATNE. Q. What time did you see them together? A. Between a quarter and twenty minutes to six o'clock, in Turner-street—I met them, and just passed them—they were dressed similarly to what they are now, in dark clothes—they might be blue or black—they had hats on—they were the two prisoners.
JAMES JONES reexamined. Q. You took Baker to the station; had he any marks on his hands? A. He had a cut on one hand, and his finger was bleeding—the knee of his browsers was cut, and his sleeve was white.
EDWARDS**— GUILTY . Aged 23.— Transported for Ten Years.
BAKER— GUILTY . Aged 35.— Transported for Seven Years.
152. HENRY RAGAN was indicted for stealing, at Hornsey, 200 knives, value 10l.; 200 forks, 5l.; 4 pairs of snuffers, 6s.; 15 pairs of scissors, 1l.; and 10 razors, 1l.; the goods of James Janes, in his dwelling-house.
MARY JANES . I am the wife of James Janes—we live in High-street, Highgate, in the parish of Hornsey—it is his own dwelling-house—he keeps an ironmonger's shop. On the night of the 26th of Oct. the family retired to bed about half-past ten o'clock—I was the last person up, but I did not go over the house, or to the street door—I do not know how the house was done up—the next morning I missed a great number of knives, forks, and other things—two glass-cases had been opened, and property taken from both, but not the whole of the things—I said the amount of the things taken was 20l., but I think it was nearer 30l.—I have discovered more loss since I was before the Magistrate—I missed a great-coat which had been left there that night—I have seen the knives and forks which are here—I have no doubt they are my husband's—they were for sale—I have not sold any lately—I manage the shop—only my daughter and I attend the shop—I know my daughter had not sold any—they were safe about half-past nine o'clock at night, to my certain knowledge, when I was down in the shop, and they were gone the next morning.
JOHN CLARIDGE . I am in the service of a pawnbroker in Holborn. On Saturday, Oct. 31st, the prisoner brought a dozen knives and forks to pledge—I had had information—I sent for the policeman and gave him into custody.
Prisoner. Q. Had you not seen me in the shop previously to these being pawned? A. Yes, I had seen you—I cannot say how long before—I know you pawned them on the 27th of Oct.
Prisoner. Q. How long was I in your shop? A. Not more than five minutes—I took notice enough of you to know it was you, in fact there was no one else in the shop.
pawnbroker, in Bloomsbury. On the 27th of Oct. the prisoner pawned eleven knives and twelve forks in the name of John Clark—he said they were his own—I am quite sure he is the man.
Prisoner. Q. Did you ever see me before? A. Not to my recollection—you were not in the shop more than ten minutes—you noticed that one knife was short—I am sure you are the man.
Prisoner. Q. What time was it? A. Between four and five o'clock—I bad not seen you previously—I took notice of you—you asked 4s., and left the shop, came back and took what I offered you.
THOMAS CHAPMAN (police-constable E 38.) On the 31st of Oct I was called to Mr. Claridge's shop, in Holborn, to take the prisoner—I found these knives there—the prisoner said he bought them at the White Hart, Tottenham-court-road the night previous, and gave 4s. for them—I found on him a pocket-knife with the same name on it as is on these table-knives.
Prisoner's Defence. The knives I pawned in Holborn I gave 4s. for at the White Hart, in Tottenham-street, Tottenham-court-road, and then the man pulled out a pocket-knife and I bought that; he asked me 8d. for it and I gave him 6d. for it; I had bought several things, and this man coming in with the knives induced me to buy them; I thought I would pawn them in the morning to pay my rent; I was in ready-furnished lodgings, and the money I bought them with was to pay my rent; they went to my place and found nothing.
GUILTY.* Aged 22.— Transported for Seven Years.
153. DANIEL CANT was indicted for stealing 1 waistcoat, value 4s. 9d.; 1 toilet-cover, 2s.; 2 pairs of clogs, 4s. 9d.; 1 pair of shoes, 4s. 6d.; 1 cap, (id.; 5 pairs of-gloves, 3s. 6d.; 9 yards of tape, value 2d.; and 3 neckerchief pads, Is.; the goods of Robert Burton Willett, his master, to which he pleaded
GUILTY . Aged 59. (Received a good character.)— Confined Fourteen Days.
Before Mr. Common Sergeant.
GUILTY . Aged 20.— Confined Three Months.
Before Mr. Recorder.
JAMES TOPLEY . I am a grocer, and live at Trafalgar-road, Greenwich. On the 4th of Nov., between six and seven o'clock in the evening, I heard my shop-window break—I went round and took the prisoner on the step of the shop—a bottle of raspberry wine was taken from her pocket by a neighbour and given to me—the prisoner had broken the window the week before, and I put a paper before it—she did it publicly—the Magistrate thought she was not in a sound state of mind—I believe she is crazy—I do not know whether she did it to annoy me or to steal the wine—she has lived with a Greenwich pensioner—I do not think she is married.
CHARLES HAGAR (police-constable R 101.) On the 4th of Nov, the prisoner was given into my charge—Mrs. Topley handed me a bottle of wine—the prisoner was sober—on the road to the station she asked me what she had done—I said she had broken Mr. Tapley's window and stolen a bottle of wine—she said she was not aware of it, and she could not have done it—I have seen her loitering about there, and about ten minutes before this she took some oysters out of a tub and put them in her lap—a person went up and asked her for the oysters—she swore she had not touched them, at the same time dropping them out of her lap—some people think her not of sound mind—I think she does it to escape being given in charge—she robs everybody about there—she does it openly, at broad day-light, before anybody—I believe she drinks—she tells me her mind is perfectly sound, only when she gets drunk.
GUILTY . Aged 38.— Judgment Respited ,
156. JOSEPH COOPER and WILLIAM HARDING were indicted for stealing 9 brushes, value 10s.; 5 breast-pins, 5s.; 1 ring, 2s.; 1 braceletsnap, 6d.; 1 pencil-case, 6d.; and 1 box, 6d.; the goods of William Nettleship.
JULIA NETTLESHIP . I am the wife of William Nettleship, a saddler, of Blackheath-hill, Greenwich. On the 4th of Nov. I had been absent from the shop half-an-hour, returned, and saw a man in the shop—I cannot identify him—as I was looking through the parlour window I saw him run out of the shop, and missed a box containing some jewellery, which was safe before—It was worth 19s. 9d.
THOMAS WEST (police-constable N 269.) On the 4th of Nov., at eleven o'clock in the day, I met the prisoners on Mill-pond-bridge, Rotherhithe—I watched them down Deptford-road—they were talking together—I saw Harding go into three different shops, one at Rotherhithe and two in Greenwich—they then both went up to Mr. Nettleship's window and looked in—Harding left Cooper at the window and went in—I saw a little girl come to him and show him something—he left the shop, and came away about twenty yards—Cooper then went into the shop, covered the box with his handkerchief, came out with it, and joined Harding—I followed them to Tanners-hill, got assistance, and they were both secured—I found this box buttoned into Cooper's coat—Harding said he had just met Cooper.
Cooper. It is false to say we were together at Rotherhithe.
Witness. It is not—they had been together all the time, except when they went into the shops—I followed them three miles.
DANIEL CLARK . I searched Cooper, and found these brushes, a pencil-case, and a duplicate for some boots on him, with Harding's name on it—Harding said he had no connection whatever with Cooper, he had come that morning from Bromley.
Coopers Defence. I bought the things that morning.
Harding's Defence. I am innocent; Cooper was not near the place.
COOPER— GUILTY . Aged 20.
HARDING— GUILTY . Aged 22.
Confined Six Months.
Before Mr. Common Sergeant.
WILLIAM FRYER . I am a carman, and live in Devonshire-cottages, Wal-worth. I had a coat on the 3rd of Nov.—I had some business at the Coach and Horses public-house—I went into the house, and left my coat in my cart outside—when I came out I missed my coat—this is it.
Prisoner. This man was in bed when I went in there. Witness. I was in bed, but I was awake.
Prisoner's Defence. He did not say that I brought it in; he said it laid on the table, but he did not know how it came there; it was not there the same day, it was the next morning.
GUILTY.* Aged 27.— Confined Three Months ,
GUILTY . Aged 35.—Recommended to mercy.— Confined Five Days.
Mary Ives' Jun.'s Defence. My mother sent me with it.
MARY IVES JUN.— NOT GUILTY .
MR. DOANE conducted the Prosecution.
MARY ANN COULSON . My husband keeps the Bell inn, at Sydenham. Last Thursday, Nov. 19th, about noon, I saw the prisoners there, to the best of my belief—one was short and one tall—they had a pint of porter, and remained a short time—I saw them leave—I saw them again next day and recognized them—in my judgment my house is about three quarters of a mile from Perry-hill.
Cross-examined by MR. PAYNE. Q. How far is it from Catford-bridge? A. About a mile and a quarter—they were in the house about ten minutes—I never saw them before, to my knowledge—when I drew the porter I sat down in the bar to my needlework—I heard some one, looked up, and saw them going out—I am confident they are the men, but will not swear positively to them.
JAMES JENKINS (policeman.) On Thursday, the 19th of Nov., about one o'clock, I was in a gentleman's house at Perry-hill, Sydenham, about twenty minutes' walk from Mr. Hall's house—you can get there easily in twenty minutes—I looked through the glass door, and saw Thorpe come up into the
front gate, put his foot on the step of the door, and exhibit a little packet, which had the appearance of black lead—I told him to go away.
Cross-examined. Q. You did not see Jackson? A. No—the Bell is a mile and a quarter from there.
JOHN CARPENTER (policeman.) About two o'clock on that afternoon I was on Blackbeath, near Hollyhedge-house, in plain clothes, and saw the prisoners coming in a direction from Lewisham, towards Greenwich—Thorpe handed this bundle to Jackson as it is now—they separated—Jackson walked on and left Thorpe walking on behind, with an umbrella in his hand—Jackson went past me—Thorpe came up to me—I stopped him, and asked where he came from—he said, "From Greenwich"—I said, "You did not come from Greenwich, or I should know you"—I saw that he was coming from Sydenham—he said, "I don't live at Greenwich now, I used to live there"—I said, "Where do you live?"—he said, "In the Commercial-road"—I said, "The Commercial road is a very large place"—he said he lived in Cannon-street, and his name was Brown; that he had left his father in Greenwich, and was going back to him—I searched him, and found a bit of black lead—I said, "What are you doing with this?"—he said, "I and my father hawk it"—I said, "Who is that man you gave the bundle to?"—he said, "I don't know anything of him"—I let him go, and proceeded after Jackson as fast as I could—when I got a quarter of a mile across the heath, Jackson was going round a corner that leads into Greenwich-park—he turned his head, saw me running after him, and set off running—he was walking before he saw me—he had a bundle under his right arm, and an umbrella in his right hand—I rushed round into Greenwich-park, and saw him again—he tried to throw the bundle over a brick wall, but failed to do so—I picked it up, and ran after him, calling, "Stop thief," and he was stopped—I lost sight of him for a moment, while I was picking the bundle up—he might have thrown four spoons over the wall while I was picking it up, without my seeing him—I gave him into custody to another officer, went back up the hill in Greenwich-park in a different direction to which I had come, met Thorpe, and took him into custody—he said, "What are you taking me for?"—I said, for being in company with the man who I had seen him give the bundle to, for haying the bundle in his possession—he said he had not seen the man, and knew nothing about the bundle—he said I must be mistaken, and if I said that I would say anything—I took him to the station—he was taken into the room where Jackson was, and they both denied knowledge of each other.
Cross-examined. Q. What part of Blackheath is Hollyhedge-house? A. On the right-hand, as you go over the heath from London—it is two or two and a half miles from Catford-hall—this is the bundle—I tfound it in Greenwich-park, three or four yards from the wall—it was in the same state as it is now—the cruet-stand is in it—it hit against the wall, and fell back again—I found three sixpences and four halfpence on Jackson.
WILLIAM CRDCKENDON . I am gardener to Mr. Kinaston, of Greenwich—his garden adjoins the park. On the 19th of Nov., about half-past two or a quarter to three o'clock, I found four silver table-spoons in the garden—I marked them, and gave them to the policeman—these are them.
Cross-examined. Q. How far is the place where you found the spoons from the gate of the park? A. About two hundred yards.
ANN WARD . I am in the service of Mr. William Hall—his house is in the parish of Lewisham, near Catford-bridge, Sydenham. On the 19th of Nov., about a quarter to two o'clock, I put some plate on my master's dining-table—this cruet-stand is one of the things—it is my master's, and so are these spoons—the dining-room is on the ground-floor, and opens into the garden—the
window was open—anybody getting into the garden could get into the dining-room—I missed the plate five minutes afterwards—I should say it is worth considerably more than 5l.
Cross-examined. Q. How do you know they are silver? A. I know the hall mark on them—there is a short space of grass, and a coach road between the house and the road.
Cross-examined. Q. How do you know the house is in the parish of Lewisham? A. From the parish church—I pay poor and police-rates, and am confident I am in the parish of Lewisham.
JACKSON— GUILTY.* Aged 37.
THORPE— GUILTY.* Aged 18.
Transported for Ten Years.
Before Mr. Recorder.
CHARLES BURGESS GOFP (police-constable L 8.) On the 4th of Nov. I saw the prisoners together in Walcott-place—I followed them up the Vaux-hall road to the triangle, and saw Upton go into a tobacconist's shop—Rice remained outside—Upton left the shop and joined him—I went into the shop, and lost sight of them—shortly after I saw Rice running up Esher-street—I followed, and caught sight of them together, in the Kennington road—Upton had something under his arm, in a blue frock—they were in company, and turned round Vauxhall-street—I got close to them—they saw me—Upton then threw down the frock and its contents, and they both ran away in different directions—I picked up the frock and caught Upton—he said he was sorry for it, he did it through hunger—in the frock I found a sucking-pig, stuffed ready for baking—I went to Mr. Shaw, a baker, who claimed it, as having been left there—the Magistrate ordered it to be given up.
WILLIAM ATLEE (police-constable L 100.) I was with Goff, and saw the prisoners turn down towards Esher-street—in a few minutes they came up Loughborough-street, on to Kennington-green—Upton had something in a blue frock, which he previously had on—we followed them—Upton threw down the frock—I overtook Rice—he said he had done nothing.
MYRA SHAW . I am the wife of Joseph Shaw, a baker. On Wednesday morning, the 4th of Nov., Rachael Webb brought a sucking-pig to be baked—the feet were cut off—it was the carcase of a pig—a few minutes after eleven Upton came in with a butcher's frock on—he asked for a halfpenny worth of cakes—I left the shop for a minute—when I came back I missed the pig—I afterwards saw the same pig in the policeman's hands—it belongs to Eliza Burrows, of Cobourg-place—I should call it a sucking-pig—it is pork—it was not a whole pig—it had bread and sage inside—the inside was out.
RACHAEL WEBB . I am single, and am in the service of Mrs. Eliza Burrows, of Cobourg-place. I took a pig to Mr. Shaw, the baker—it bad no feet—it was stuffed—I afterwards saw the same pig at Mr. Shaw's—I had stuffed it, and knew my own work about it—I did not take pork to be baked
as well—it weighed six pounds—it had been sent to Mrs. Barrows from the country—we cut the feet off. Upton. If I had not taken had advice I might have had work.
UPTON— GUILTY . Aged 13.— Confined Seven Days.
RICE**— GUILTY . Aged 16.— Confined Three Months.
MARY FIRMIN . I am fifteen years old, and live with my father, Edward Henry Firmin, who keeps the Rising Sun beer-shop, Larkhall-lane, Clapham. On the 10th of Nov., in the afternoon, I was in the shop—the prisoner came and asked for a glass of ale on trust, as she had no money—she sent me to ask my father a question—he was in the tap-room—I opened the door, looked through a little hole in the tap-room, and saw her go to the till—I saw her with the till open, and her hand in it—as I came back she returned her hand to the till, and I heard the till shut—she sat down, and seemed confused—I did not take any notice of it to her—I went into the parlour, and when I came hack to the bar I saw her at the till again, and a penny in her hand—she shut the till, and sat down again—I went to my father, to tell him, and on looking through the hole again, I saw her go to the till a third time—I then flung the door open—my father got up and came out—she had a handful of halfpence in her hand, over the till, which was wide open—she dropped some into the till, and some out—my father took a penny and two halfpence off her lap, and as she went away I picked up four penny-pieces and halfpence, which fell from her apron—she was given in charge—there had been about 2s. in the till before she came in—I had been to it just before she came in, and put (6d. into it, and there was about 1s. 4d. before that, and afterwards 2d.
Prisoner. I had been to the house before; and asked for ale on trust; she asked me to sit down, and I gave her some grapes. Witness. She gave me a few grapes—she came in and sat down of her own accord, and asked me if I would excuse her sitting down—we got talking about a goose-club—as I went in to my father she told me not to hurry myself—my father was in the tap-room, where some men were playing at dominoes—he was not playing himself.
Prisoner. As she came out she said, "Oh, father, she has been at the till!" I said, "No, it is my own money;" I never touched the till j I had a id. piece and 2d. of my own.
EDWARD HENRY FIRMIN . I keep this beer-shop. On going into the bar from the tap-room my daughter pulled the door open, and said, "Here is a woman at the till"—I ran out—the prisoner was inside the bar, with her hand full of halfpence, in the till—she dropped some into the till, and I found 2d. in her lap, when she went and sat down by the fire—she was the worse for liquor.
WILLIAM HAY (police-constable B 173.) I took the prisoner—she was the worse for liquor—Mr. Firmin gave me a penny and two halfpence—I found no id. piece or anything on her—she denied the charge, and afterwards said she was not conscious of it—I believe she gets her living honestly—she has been in custody for attempting to make away with herself—her husband has left her with a child three years old in her care.
Prisoner. I picked up the id. piece which I had when I went into the house.
162. JOHN BRADLEY was. indicted for burglariously breaking and entering the dwelling-house of Abel Collins, about the hour of two in the night of the 6th of Nov., at St. Mary's, Newington, with intent to steal.
GEORGE RYRIK (police-constable M 60.) On the 7th of Nov., about ten minutes past three o'clock in the morning, I was on duty in the Dover-road, and saw a female on the opposite side of the way, with a child in her arms, on the step of a door—I was about to cross to her—she coughed, to give a sort of signal—I went and put my hand against the gate of Mr. Collins's premises; hearing a noise inside, I went and spoke to the policeman to watch the part of the premises in Trinity-street—I returned, alarmed the landlord, and found the prisoner lying on the ground inside the skittle-ground, which is inclosed with a wall—his right hand had a mark on it of having been cut—the wall encloses the premises, it joins the house—after he was taken to the station I saw a stocking with some blood on it quite fresh—it was found close to where he had been lying.
JOHN KNOX (police-constable M 129.) On the 7th of Nov., a little after three o'clock, my attention was called to the premises of the Roebuck public-house—I heard a policeman's staff knocked against the door—I stood at the corner of Brunswick-street and Trinity-street—Ryrie came round the corner and said there was somebody at Mr. Collins's—he returned to the Dover-road—I stood there and looked at the door in Trinity-street—the door was fast, for I tried it—I looked up on the wall, and saw the prisoner on the tiles—the wall divides Collins's house from Trinity-terrace—it incloses his premises from the street—on seeing me, the prisoner dropped down back into the premises—I and my brother constable were let in, and found him in the skittle-ground—I found a few lucifer matches on him—I cannot say whether he had stockings on when I took him—his hand was cut—there was broken glass on the top of the wall, which would account for that—you cannot get into the skittle-ground without going through the house or over the wall—there is one small space on the wall where you can get up—it forms part of the outer wall.
ABEL COLLINS . I keep the Roebuck public-house. On the night in question I looked over the premises, I went to the water-closet, skittle-ground, and round the different rooms of the house—I left the kitchen door on the latch—after I fastened up the house there was no means of getting into the skittle-ground without getting over the wall, because in the morning the fastenings were as I. had left them—the wall forms the fence of my premises—it encloses them—my side of the wall is not accessible except by getting over the wall or through the house—I was aroused about three o'clock in the morning—I went with the constable to the back of the premises, and found the kitchen door, leading into the yard, open—it could be opened from the skittle-ground side, as it was only a common latch—the bar of the gates in the Dover-road had been taken down—they are at the opposite wall to Trinity-street, where a gig or horses might come in—I saw the prisoner secured—his hand was bloody—I afterwards saw the stocking found near where he had been lying on the ground—it was bloody—my attention was drawn to the kitchen dresser, and the dresser drawer, and a table-cloth, all which had blood on them, and on the latch of the door, which was open—there were two teapots on the table—a person getting over the wall into the skittle-ground might lift the latch, and enter the kitchen.
ELIZA ROSE . I was servant to Mr. Collins at the time—I recollect this occurrence—there was a table-cloth in the dresser-drawer—I had folded it up after dinner, and put it there—I left the metal tea-pot in the cupboard—I went to bed at half-past twelve o'clock—the table-cloth had not been used after I put it away—I saw the tea-pot in the cupboard before I went to bed—next
morning, on-going into the kitchen I found the tea-pot on the dresser with the lid open, and the tea-leaves emptied into the sink, the dresser-drawer was open, the cloth was rumpled and stained with blood—there was blood on the dresser near to the tea-pot—I pointed it out to my master—I found a stocking in the dust-hole in the yard, on the skittle-ground side of the premises—it was the fellow to the one found in the skittle-ground—I do not know who it belonged to.
Prisoner, I said I wore stockings; I have stockings on now; I went to work that day; the men bad money given them to drink; when we left work we went to a public-house; we had five or six pints; in coming down the Dover-road, I was taken short, went through the Roebuck public-house into the yard to the water-closet; I went to sleep, and slept till the policeman knocked at the gates, and in endeavouring to get out, being in a strange place, I out my hand with a glass bottle; when the policeman knocked at the gates, and said, "Who is there?" I said, "I want to come out"
EDWARD COLLINS re-examined. The water-closet is at the back of the skittle-ground—he could not get to it without' coming over the wall or getting through the house—I am certain he was not in the water-closet the night before, for I went into both water-closets, and at twelve o'clock I cleared my skittle-ground, and he was not there—my servants and bar-maid were called up when he was taken—I asked them in his presence whether they had seen him on the premises—they said "No."
GUILTY , Aged 23.— Confined Twelve Months.
SARAH FROST . I am the prisoner's wife—he is a labourer—we live at Wimbledon. On Sunday, 1st Nov., I was at home, we had some beer together—we had a few words, and I found my arm cut with a knife—the prisoner had a knife in his hand—I got it from him—I think I laid hold of it by the blade—I went out, saw Preston, the policeman, and went with him to Pearce—I think I gave the knife to Pearce—Mr. Tapley, a chemist, strapped my arm—there was nobody else present when he cut me.
Cross-examined by MR. CLARKSON. Q. Were you tipsy? A. Yes, and so was my husband—I gave the first insult myself—we were both so tipsy as to be unable to tell how it began—I must say it was done accidentally—I was in such a state as to be unable to say that it was done by design.
JOHN PEARCE (police-constable.) On Sunday afternoon, 1st Nov., Mrs. Frost came to my house with a policeman—her right arm was bleeding from a wound—it was bound up with a handkerchief—I took her to Mr. Tapley, who strapped up the wound—I took the prisoner into custody at his own house that afternoon—he was asleep on a chair—he might have been drinking—I said I took him for stabbing his wife—he said his wife was as bad as him—he went with me and another constable to the station at Wandsworth—the wife delivered the knife to me—it was bloody—it has dry blood on it now.
EDWIN FENNELL . I am a surgeon. On this Sunday evening I examined Mrs. Frost's right arm—I found a wound extending through the fleshy part of the arm—it was precisely the width of the blade of the knife—it mast have been a stab, not a cut—it was not dangerous—a knife must have passed completely through the arm, which was nearly three inches think—it missed the bone—it must have been done with force—it might have been done by
her falling on the knife—the knife produced is blunt, but has rather a sharp point.
Cross-examined. Q. When you call it a stab you mean a punctured wound? A. Yes—it would be as well accounted for by a person running at another and receiving the knife in the arm, as by the person being the aggressor—if she had her arm up going to strike a party who had the knife in his hand it might happen.
SARAH FROST re-examined. The knife was disengaged from my arm at the time I laid hold of it—it was in his hand—I cannot say whether I gave him in charge—I do not recollect the transaction, or how I received the wound—I recollect laying hold of the knife, but nothing else, after or before—I was exhausted with the loss of blood—we had a few words, but I do not recollect what it was—we had dined between one and two o'clock—I don't know what occasion there was for him to have the knife in his hand—the boy had been cleaning knives—I do not know whether it was left on the table—it was about three o'clock in the afternoon—I don't know how long we had done dinner—I had put the victuals away—we had part of the beer at dinner and a little afterwards.
MR. CLARKSON. Q. Are you able to say whether the knives and forks were cleared away? No—we have been married thirty-two years—he was always a most affectionate husband.
JOHN PAYNE (police-sergeant B 11.) On the 1st of Nov. I was on duty at the police-station at Wandsworth—the prisoner was brought in—his wife was there crying—after she became more collected I asked what charge she had to make against him—she said in his presence that he was her husband; that they had had a little beer, and had a few words; that he said, "D—you, I will stab you;" he took a knife out of his pocket, opened it, but did not do anything with that—he took another knife off the table and stabbed her through the arm; that she took the knife out of his hand, and sent for a policeman—the prisoner answered, "She has taken the knife to me scores of times"—she said, "But I did not use it"—he said, "It is all jealousy, but that poor creature is innocent"—he said nothing about the knife—he appeared to have been drinking—the woman was much excited when she came in—I cannot say whether she was affected with drink—I had no idea that she was the worse for drink—the prisoner was decidedly so.
GUILTY of Assault only. Confined Fourteen Days, and to enter into recognizances.
164. SUSANNAH WARD was indicted for stealing 4 handkerchiefs, value 3s.; 1 shirt, 3s.; 1 pair of shoes, 1s. 6d.; 2 collars, 9d.; 1 sovereign, 2 half-sovereigns, and 5 shillings, the property of Thomas Gardner.
JANE GARDNER . I am the wife of Thomas Gardner, of Regent-street, Lambeth—the prisoner and his sister lodged at our house. On the afternoon of the 6th of Sept. I went to my drawers in the back room, missed a black silk and a black crape handkerchief—I had suspicions, looked for my money, which I had placed there on the 4th, and missed a sovereign, two half-sovereigns, and five shillings from another drawer, and some boys' collars, a pair of child's shoes, and a pocket-handkerchief; and from another drawer, a shirt—I have found some of them—I gave the prisoner in charge on suspicion—she was very tipsy—I had seen her several times go to a certain spot in the garden, and rake about there—on the Thursday morning she went to the same spot—my son and I went and found seven half-crowns buried there—the articles produced are mine.
Cross-examined by MR. DOANE. Q. She, her husband, and sister, lived
at your house? A. Yes, they had not been there above five weeks—I believe them to be honest and industrious, but poor—the woman certainly drinks.
MARY ANN SHARP . I am the wife of James Sharp, shoemaker, of Regent-street, Lambeth—I keep a marine-store-shop in Cleaver-street, Lambeth. The prisoner came there on the 3rd of Sept. with a lady's silk handkerchief and a black crape handkerchief—she asked me 3s. for them, which was, more than they were worth—I gave her Is. or 1s. 3d.—on the Saturday she brought two pocket-handkerchiefs, and some collars—I gave Is. for them—she said the silk handkerchief was her father's, and she did not wish to part with it, but her sister was very much in want—I knew I could not get what I gave her for it, and kept it for her—I gave all the articles to the policeman.
Cross-examined. Q. Did you know where she came from? A. Yes, the used to bring grease and things to sell.
GUILTY. Aged 21.—Strongly recommended to mercy.— Confined Seven Days, having already been in custody twelve weeks.
Before Edward Bulloch, Esq.
165. JOHN SCOTT and JOHN MITCHELL were indicted for burglariously breaking and entering the dwelling-house of Thomas Hawley, in the night of the 6th of Nov., at Christchurch, and stealing 4lbs. weight of cheese, value 2s. 6d. his goods: and 1 coat, value 4s. 6d.; 1 umbrella, 6d.; and 1 handkerchief, 2s.; the goods of William Emanuel Eades; to which they pleaded
SCOTT— GUILTY . Aged 19.
MITCHELL— GUILTY . Aged 22
Transported for seven Years.
JAMES HOPE . I live at George-place, South-street, Peckham, and am a green-grocer. On the morning of the 10th of Nov. I left my cart in Wellington-street, Southwark, between eight and nine o'clock, with a sack of potatoes in it, Lewis was in the care of it—I returned in twenty minutes or half-an-hour, and the sack and potatoes were gone—I saw the prisoner in custody with them at the station—there were more than 1 1/2cwt.
WILLIAM LEWIS . I was minding the cart in Wellington-street, and saw the sack of potatoes—I had the charge of about ten different carts—I was backing another cart into its place, and saw the prisoner jump up on the tailboard of the cart, take a sack of potatoes, and go off with it on his back—I went after him with two men—I saw him throw the sack off hit back—I picked it up, and he was secured.
Cross-examined by MR. O'BRIEN. Q. How far were you from the cart? A. About ten yards—I did not see any roan with him pointing to the cart—I saw him standing about there before he got into the cart, but nobody with him—he did not see me following, but he taw the other man, and let the sack fall—he had got about twenty or thirty yards before he dropped it.
HENRY SHARP . I was minding some carts in York-street, standing at the corner of Wellington-street, and saw the prisoner get into the cart, and turn the sack over, jump down, take the sack out, and run away with it—I ran after him—he threw the sack down, and ran up the street—I still pursued, and the constable stopped him.
Cross-examined. Q. Did he run with the sack on his back? A. I was at another cart—I had seen him for ten minutes before he got on the foot-board of the cart, but no one with him.
EVAN JONES (policeman.) I heard a cry of "Stop thief!" and saw the prisoner running at the foot of London-bridge—he had nothing then—I stopped him, and saw the sack lying in the middle of the street—I took him to the station—a constable said, "Robert, here you are again!"—he said, "Yes, and caught right at last."
GUILTY . Aged 22.— Confined Twelve Months.
167. CORNELIUS COLLINS was indicted for feloniously assaulting William Everest, putting him in fear, and stealing from his person 1 watch, value 7l. 10s.; 1 chain, 16s.; 1 ring, 1l.; 1 key, 2l.; and 1 seal, 2l.; his goods: also beating, striking, and using other personal violence to him.
WILLIAM EVEREST . I live at Lambeth. About half-past nine o'clock, on the night of the 15th of Nov., I was in Tooley-street with my wife, and near the end of the street was knocked down by three or four ruffians with their fists—they pinioned my hands behind me, and the prisoner knocked me down with his fist—I saw him plainly—he looked under my hat a second or so before he struck me under the chin, and with his other hand took my watch, which was in my fob—it was at the London-bridge end of the street—I had a guard to the watch—he broke the swivel—I was senseless for two or three minutes, I believe—he ran away—a gentleman picked me up, and took me to the station—I had passed the prisoner and the other men before I was knocked down—there were three or four of them—I have not seen the watch since—it was gold, with a gold seal and key, and was worth 14l.
Prisoner. At the station he said he did not know who took his watch. Witness. I believe I did say that, but I had not come quite to my senses—I am now quite sure it was he—he was the man in front of me—I bad had a glass or two of rum, but knew what I was about
EMMA EVEREST . I am the prosecutor's wife. I was with him at the end of Tooley-street—I left my husband's arm, and walked rather before him—I heard his voice, turned back, and saw the prisoner strike him down—I saw something glistening before my eye, and suspected he was robbed—I left my husband on the ground and ran after the prisoner, who ran away—I kept him in sight, but did not quite overtake him—there were two or three others with him—I saw him in custody about half an hour after, at the station-house—I am quite certain he is the person.
Prisoner. She said it was a bigger boy, with white trowsers. Witness. I said a bigger boy must have had the watch, for the prisoner threw it down, and somebody caught it up.
LUCY EDWARDS . I live at Getting-terrace, Dockhead, Berroondsey. About half-past nine o'clock I was in Tooley-street, and saw the prisoner—I am quite certain of him—I saw him knock Mr. Everest down, and snatch something from him which glittered—they all ran away—I saw the prisoner till he was in the constable's hands—I never lost sight of him—he is the man.
stopped the prisoner—he said, "All right, policeman, we are running for a lark"—I took him to the station—he was charged with this, and said he was not the man.
GUILTY . Aged 18.— Transported for Ten Years.
Before Lord Chief Justice Denman.
MR. BALDWIN conducted the Prosecution.
ROBERT POOLE . I am in the employment of Mr. Wheatley, an omnibus proprietor, and live at Greenwich. I knew the deceased as a shopmate—his name was Thomas Roberts—on Monday evening, the 9th of Nov., I and several others, were at the Prince of Orange public-house, Greenwich-road, near the Terminus—we came out about eleven o'clock, or a few minutes after I—Roberts was with us—we stood outside, and conversed with each other, I and after a while each took his road to go home—deceased and Maloney were I going to the same house, they went one way—I went the same way, and passed them on the carriage way in the middle of the toad—I heard a noise as if a horse was running away with a cart, or some vehicle—it appeared to be coming towards London—that would be meeting me—I was going to Greenwich—the horse was galloping at a very rapid rate—ten miles an hou—the off wheel of the cart struck the forepart of the deceased high up his person—he was standing in the road sideways, with his face towards me, and Maloney before him—he was struck first, and knocked against Maloney—I they both fell—I was five or six yards from Maloney at the time—I went to his assistance—he was taken to a doctor, and afterwards to the hospital—he was the worse for what he had drank—it was a cart with a tilt—I should not know it again—it appeared to be a dark-coloured cart—nobody called out to give any warning till after the accident—there was a gas light near enough to show a light.
Cross-examined by MR. BALLANTINE. Q. You had been keeping your employer's birthday at the public-house? A., Yes—we went there to spend the evening—we left about eleven o'clock, or five minutes after—I recollect the time because the house closed at that time—we left just before it closed—I do not know the Antigallican public-house—I know Charlton—I should say the cart was going at ten miles an hour at least
GEORGE SPRATT . I was one of the party at the Prince of Orange—I saw deceased knocked down by the cart, which was coming towards London at the rate, in my judgment, of twelve miles an hour—I heard the sound of a whip from the cart.
GEORGE TOYNBEB . I was one of the party at the public-house, and saw the cart—after it had gone on a minute or two, or scarcely that, I found this herring-pad (produced)—I had been over the ground where I found it ten minutes before—I did not observe it then—I have since seen a cart belonging to the prisoner, and believe it to be the cart which caused the accident—it had red wheels, fresh painted, and a circle on the body—I observed that on the night in question—I did not see any other vehicle pass about the same time.
Cross-examined. Q. Where were you standing? A., I was on my way home—I am an omnibus conductor—the omnibus was coming up the street—I got off from behind it, and this cart was coming along at about ten miles an hour—the omnibus was not going at above four miles an hour—the pad was near the middle of the road when I picked it up, and running towards London—I
know the Charlton-road—the Antigallican is two miles and a quarter from where the accident happened.
COURT. Q. Was the pad found in a part where you had seen the cart going? A. Yes—I ran after the cart.
EDWARD LUND . I am surgeon at Guy's hospital. On the 10th of Nov., about two o'clock in the morning, the deceased was brought there quite insensible, and suffering from a blow on the right side of the back part of the head—he died in about thirteen hours—I opened his head, and found a fracture of the skull, a laceration of the brain, and a quantity of blood effused, which might be caused by being run against by a cart—that, I believe, was the cause of death.
HENRY PARR . I am a grocer, and live at Greenwich. On the 9th of Nov., about two o'clock in the afternoon, I saw the prisoner in his cart, going towards Woolwich—he left the cart to come into my shop, got into it again, and drove it—I did not observe anybody with him—it was a dark-painted cart—I saw egg-cases in it—he is an egg-merchant—I did not see any herring pads—I got into the cart myself.
Cross-examined. Q. You know what herring pads are, and observed none? A. None—he had been in the habit of serving me for about three years, and I have known his horse and cart during that time—I am not positive he had the same horse all that time—I have know him for the last six months—I never rode with him—it was a slow chubby sort of a horse—I should consider it a very slow horse—it is a heavy horse, but not a very heavy cart—I have seen him drive he is a steady driver—I never saw him go more than five miles an hour—galloping would injure his eggs—I do not think there was anything about the cart to distinguish it from other tilted carts—there are a great many other egg and herring sellers go down that road—scarcely a day passes but one or two of those carts go down that road.
MR. BALDWIN. Q. I suppose be would usually come back with empty boxes, not full? A. I have known him frequently bring back boxes with eggs in them.
CHARLES EBBS . I am ostler at the White Horse, New Charlton, just on this side of Woolwich. On the 9th of Nov. I saw the prisoner go down towards Woolwich in a cart—I knew him and his cart—I had seen him in another cart before, but this was his own cart, just painted—it had red wheels picked out with, black—I saw him come back in the evening, I should say between eight and nine o'clock, going towards Woolwich.
Cross-examined. Q. He was going on steadily then? A. Yes—he was three miles from Greenwich, and was going between five and six miles an hour—they were not uncommon sort of wheels—there are many painted like that—I knew the cart well—I saw him go down in the morning—that was the first time I had seen the cart after being painted—I knew the horse before he had it—I never drove it—I have seen it driven in a coal waggon—I should not think it could go eleven or twelve miles an hour, if it was put to the utmost—I should not think it could exceed eight miles an hour—I do not think it could gallop.
ANN ELIZABETH FORBES . I am the wife of Richard Forbes, a grocer, of Charlton. On the 9th of Nov. the prisoner called at our shop, between eight and nine o'clock in the evening, as near as I can judge—he had his cart with him—I heard the sound of it going away.
JOSEPH BUCKMASTER (police-constable 184 R.) On the 9th of Nov., about half-past eleven o'clock at night, I was in London-street, Greenwich, about two hundred or three hundred yards from the railway terminus, and saw a horse and a new-tilted egg cart galloping along the street—it had red wheels and a dark
top—I have seen the prisoner's cart since—I cannot be positive whether that is the cart or not, but have every reason to believe it is the same—I do not see any difference in it.—On Wednesday, the 11th, the day before the inquest, I saw the prisoner, and had some conversation with him in Deptford-broad-way—his cart was standing there with a boy in it—I spoke to the boy—the prisoner came out of a shop—I said to him, "Does this cart belong to you?"—he said, "Yes"—I said, "Was that cart down at Greenwich on Monday?—he said, "No"—I said, "It very much answers the description of a cart which ran over a man in Greenwich, on Monday night, and killed him"—he said he was not at Greenwich on Monday at all.
Cross-examined. Q. Did you notice whether he had a white-faced horse on Monday? A. No—I heard a constable say he thought the horse had a white face, but he was not sure—my enquiries were not directed after a horse with a white face as the cause of the accident—I had not been enquiring about a horse with a white face—I do not know what others have been—it was not the general report that a horse with a white face had done it—I heard it mentioned by Gardner—I saw the horse on Thursday, and I do not think anybody could mistake it for a white-faced horse—at the time I spoke to the prisoner he was speaking to a customer—I believe I spoke to him while he was speaking to the customer—he did not appear to he in a hurry—he sent. I the boy home some time before he went—I did not have a good deal of conversation with him—he stopped talking to the persons of the shop before I spoke to him—I said, "Does this cart belong to you?" or words to that I effect—I asked him whether he was at Greenwich on Monday night—I did I not mention the time—I had not been engaged in endeavouring to trace the I horse and cart.
COURT. Q. Did you ask him whether the cart was at Greenwich, or whether he was there? A. Whether the carfr was there.
EDWARD GARDENER (police-constable R 282.) On Monday, the 9th of Nov., about half-past eleven o'clock at night, I was in London-street, Greenwich, and saw a tilted-cart with somebody in it—I saw the whip laid over the horse's back—the horse was galloping—I have seen the prisoner's cart since—to the best of my judgment that is the cart I saw.
Cross-examined. Q. You swore the horse had a white face, did not you? A. No—I at first thought he might have a white face—I took particular notice of the cart—I never took any notice of the horse—I imagined, by the speed it was going at, that it had a white face.
MR. BALDWIN. Q. What do you mean by that? A. It was going at a rapid pace—it almost passed me before I saw it—I did not distinctly see it—I saw the cart particularly.
COURT. Q. I understand you described it as a horse with a white face? A. Not with confidence—I thought so, in the first instance, I did not make any deposition of that.
HENRY WEBB (police-constable R 271.) I was on duty on Monday, the 9th of Nov., at Deptford, from nine at night till six in the morning—about twelve o'clock at night I saw a tilted cart going down the Lower-road, in a direction towards London, it might have come from Greenwich—it was not going very fast then—it was about a mile from the railway terminus, at Greenwich—I turned my bull's-eye light on it—it was a black tilted cart, with a dark green body picked out with black, and red wheels—the back of the tail-board had a joint in the middle hanging down on the chain, and there were two or three egg-boxes in it—it was going at a steady pace—I did not see who drove it—I had not heard of an accident at that time, but soon after a person came down on horseback to inquire—I have since seen the prisoner's
cart—to the best of my knowledge it is the same as I saw going down Dept. ford—it is a remarkable cart—I do not think there is another like it in London.
Cross-examined. Q. What was there remarkable about it? A. The red wheels and the jointed tail-board at the back—other carts may have such tail-boards, but I never saw a jointed tail-board—I was on the near-side—it was a sort of a brown horse—I did not turn my light on to its face—I never swore it had a white face, to my knowledge—if I did, I did not intend it.
COURT. Q. Did you say so, or not? A. I did not—if I did, it was afterwards—it has got a white face, I knew afterwards, but not that night—I did not say so then.
MR. BALLANTINE. Q. If you said so, you did not mean it? A. No—I was flurried it I said just now that it had—I will not swear now whether it had a white face or not—I saw a bone at the Police-court said to be the hone in question, but did not take notice of it—I will not swear whether it had t white face or not—I did not tell Buckmaster, to my knowledge, that the horse had a white face—I might tell him I thought so.
MR. BALDWIN. Q. Did you take any notice of the horse at the time? A. No—I turned my light on to the cart, which I always do at unseasonable hours.
HENLY LOVEL (police-constable R 311.) On Monday night, the 9th of Nov., I saw a cart on this side Greenwich College, about twenty minutes or half-past eleven o'clock, coming towards Deptford—it seemed a new cart, or fresh painted—the tilt-board hung down with chains, and I saw some egg boxes in it—it was going at a canter, but I did not consider it anything out of the way—I did not see anybody in it—I heard of an accident when I got to the railway—I saw the prisoner on Thursday, the 12th—he is an egg merchant, and lives in Worcester-street, Borough—I have seen his cart—it is just such a cart as I saw that night—I told the prisoner I wished to speak to him respecting an accident at Greenwich—I produced this pad to him—he said he had not had any like that, and showed me a pad with blue marks, and said those were the marks he had—I asked him if he had seen a constable in plain clothes at Deptford, yesterday, (meaning Buckmaster)—he said he did—I asked if the constable did not ask him if that was his cart standing outside Mr. Duval's shop—he said he told the constable yes—I asked if the constable did not ask if he had been down at Greenwich or Woolwich on Monday, and if he did not tell him he had not, he had been another road—he said yea he did—I said, "Did not the constable tell you it answered the description of a cart which killed a man that night at the railway-bridge?"—he said yes, he did—I asked what made him deny that he had been down at Greenwich—he said he did not think it was requisite to tell him where he had been—he did not think it proper he should tell him—I told him I had been at Woolwich, and found he was there on Monday night—he said, "Yes I was"—I said I had found a pad at a house at Charlton, answering the description of the one found in the road, which he left there with some herrings—he said possibly it might be, he could not tell, he had so many—I asked if he had any objecttion to put his horse in the cart and send it down to Deptford for the people to see it who had seen the cart that night—he said, "No," and told his man to put the horse in, and I believe he sent it down, but I had to go another way—I saw the horse out; I asked what time he got home on Monday night—he said about twelve o'clock, or a little after.
Cross-examined. Q. Were your inquiries directed to discover a horse with a white face? A. No, I did not notice the face—I heard that it had a white star on the forehead—I believe the horse I have seen had a small white star in the
forehead when the boy turned it out, but will not swear it—I just saw the horse—I will not swear whether I noticed a white star on the forehead or not—it was not a white faced horse—I will not swear whether there was a white star on the forehead or not—I should not think it was sufficient to be seen at night—I know the Antigallican—I inquired, and they told me he did not stop there that night—I have inquired everywhere between Charlton and Greenwich, and have not found that he stopped anywhere.
WILLIAM PEEK . I am in the employment of William Wheatleys. I received a pad from Toynbee, and went to the prisoner's with White and Lovell—White had the basket in his hand—when the prisoner came down we asked if he knew anything of that pad—he said no, he knew nothing about it—I said, "We have been to Mr. Palmer's, in Thames-street, and ascertained from his books that you had this pad from there last Monday, or very recently"—he said he never knew Mr. Palmer, he never dealt with such a man—he acknowledged being at Woolwich on the Monday previous—his wife said in his presence that he got home on the Monday about half-past twelve o'clock—he said he stopped at the Antigallican, and sold a turkey to Mrs. Boyd, and when he returned he called there—it was the last house he was at, and he had some gin—his boy was present at the latter part of this conversation, and said he occasionally went with his master himself, but on that occasion he did not go—he was detained in the City, it being Lord Mayor's day.
Cross-examined. Q. Does it not turn out that Palmer was not the person he had the pad from? A. Yes—that name is over the door, but it is Watling's business—he had only had the business a fortnight.
JOHN WHITE (police-constable R 180.) I went with Lovell and Peak to the prisoner's on the 12th of Nov.—I asked him if he knew anything about this basket—he said no, he did not recollect ever having a pad of that description in his possession—I asked him where he dealt—he said with Mr. Watling, and produced a receipt—this is it
RICHARD BLAKESLEY . I am in the employment of Mr. Watling, fish-monger, of Thames-street. The name over the door is Palmer, and Watling also—Palmer carried on the business until about three months ago—the prisoner dealt with Mr. Palmer as well as with Watling—he dealt there before Watling's time—I have been there about four years—he did not deal there all the time, but about six months—I know the mark on this pad—it is Palmer's mark and Watling's—plenty of people use the red diamond which is on it, but Palmer has them all consigned to him—they have all been through his bands—I saw the prisoner on Friday, the 6th of Nov.—he bought six pads of herrings in pads something like these, marked with a red diamond.
Cross-examined. Q. You know when the herring season begins? A. It is all the year round—the bloater season begins about September—I cannot say whether I saw the prisoner at my master's previous to that—I have seen him since, and might have seen him before—all my master's baskets are marked in this way, new or old, because we always return them—we do not take wrong ones if they are returned—we do not sell them—they are returned—some of them are marked J S—I cannot say I have sold the prisoner any of those marked J S—very likely I have—we do not take them back without they are our own—J S is the mark of the persons the herrings came from—we sometimes have W A in blue letters—that is the initials of Atmore.
Q. Look at this receipt, has it reference to the last transaction you had with the prisoner, dated 6th of Nov.? will you undertake to swear any of the pads he had that day had a red diamond on them? A. Yes, for I heaved one up on the man's shoulder who put it in the cart—that is all I can remember—there might have been more.
MR. BALLANTINE called
FREDERICK PEARCE . I am a cheesemonger, and live at Deptford. I know the prisoner and his horse—it is in the yard of this Court now—I sold it him about seven or eight months ago—I had been in the habit of driving it myself for about six weeks—it was a very slow horse, which was the reason I sold it—I tried to get it to a trot, but found it rather difficult—to my certain knowledge it never could go ten miles an hour, even in my cart, which is not half the weight of prisoner's—I have known the prisoner driving our road these eight years—he is a very careful driver.
MR. BALDWIN. Q. You do not believe the horse could go ten miles an hour? A. No—I never saw it gallop—I have seen it at the police station—I have seen it gallop a short distance, never more than a few yards—when a horse gallops it is usually ten miles an hour.
ELIZABETH FARRANCE . I live in Worcester-street, Bridge-road, Borough, next door to the prisoner. I remember hearing a cart come home on the night of the 9th of Nov.—I was sitting in my chamber, looked out of the window, and saw it was Mr. Langford's cart—I heard it drive up—it was nearly twelve o'clock—I had occasion to look at my clock, which had struck twelve, but it was too fast.
Cross-examined. Q. Did you hear any clock strike twelve afterwards? No—I do not know how far my house is from the Greenwich Railway terminus.
THOMAS PARKER . I am a waiter at the Lord Ho wick, Woolwich. The prisoner called there on his way home on the 9th of Nov., about nine o'clock in the evening—I gave his horse some hay—it appeared in the usual state, not hot, quite cool—I did not see him leave.
Cross-examined. Q. What was the time you saw him there? A. From nine o'clock to a quarter past—our house is just on this side the Dock-yard, not more than a dozen yards from Charlton.
WILLIAM JAMES . I am an engineer, and live at No. 10, Worcester-street, Union-street, Borough. I have known the prisoner about fourteen months, and have rode with him since he has driven the horse, which is in the yard to day—I have driven behind him and driven him about six times—the horse takes a most wonderful deal of whip—I drove it myself twice, but would not have it again if I could get another—it certainly could not go ten miles an hour.
Cross-examined. Q. Did you see it gallop? A. Never—I have whipped it until my arm ached, trying to make it gallop.
ROBERT PEEK . I live at Blackheath. I am out of business—I have known the prisoner fifteen years—I have seen him driving—he is a careful steady driver—I know his horse perfectly—it is considered a very heavy slow horse, and very aged.
GEORGE WEBB . I am a draper, at Albion-road, Woolwich. I saw this accident—it took place at a quarter past twelve as near as possible—I am quite positive of it, for I left London at a quarter after eleven, and I afterwards saw this accident, and immediately after I went into the White Hart, and it was twenty to twenty-five minutes after twelve—I had come down by the Nelson omnibus—it did not leave Gracechurch-street till a quarter after eleven.
Cross-examined. Q. Did you see the accident? A. Yes—I will swear it was at that time.
COURT. Q. Did you follow the man who caused it? A. No, I went into the White Hart—I was outside the omnibus—I did not see the man knocked down, but saw him picked up—I do not know any of the witnesses
by name—I know the conductor and driven who were there—I did not hear of the Inquest till after it was over—the prisoner's wife called on me, hearing I knew something of it—I never saw her before—Allen was the conductor.
MR. ROBINSON called WILLIAM ALLEN. I was conductor of the omnibus. I did not see the accident, but heard of it directly it happened—I did not see any of the witnesses who have been called—it was as near a quarter to twelve o'clock as possible—I did not go into the public-house with Webb—I only know him as a passenger that night—the accident happened before the omnibus—the driver could see better than me.
COURT. Q. You say in your deposition that you passed the Robin Hood and Little John at a quarter before twelve o'clock, if there had been any pad lying there then you think you must have seen it? A. Yes—we stopped at the corner of South-street, about 100 yards further on, and on letting out some passengers, a tilted cart passed me towards London, and I felt a tort of jerk on the off-side—I saw the two men after they had been knocked down—I saw Toynbee come back soon after with a herring basket—I will swear it was a quarter before twelve o'clock—I stood there a few minutes, and when I got home, which was a very short distance, the clock struck twelve.
NOT GUILTY .
169. WILLIAM JIFKINS was indicted for burglariously breaking and entering the dwelling-house of Joseph Jackman and another, at Camberwell, in the night of the 13th of Oct., and stealing therein 2 pairs of boots, value 30s.; 1 pair of shoes, 9s.; their goods. and 2 awls, 3d.; 1 tool, 1d.; and 1 handkerchief, 2d.; the goods of Ephraim Jackman.—Also, burglariously breaking and entering the dwelling-house of Joseph Jackman and another, at Camberwell, about one o'clock in the night of the 21st of Oct., and stealing therein 1 pair of sugar-tongs, 5s.; 5 spoons, 15s.; 2 shillings, 7 sixpences, 10 groats, 3 pence, 12 halfpence, 4 farthings, and 1 half-crown; their property.—Also, stealing 1 bag, 1s. 6d.; 1 handkerchief, 2d.; the goods of William Drew: and 2 keys, 1s.; 1 awl, 1d.; 1 pair of shoes, 1s. 6d.; and 1 leather bag, 1d.; the goods of John Brown, his master:—to all of which he pleaded
GUILTY . Aged 18.— Transported for Seven Years.
Before Mr. Baron Park.
170. THOMAS EVANS was indicted for feloniously assaulting Louisa Child, cutting and wounding her in the neck, with intent to murder her.—2nd COUNT, stating his intent to be to maim and disable.—3rd COUNT, to do grievous bodily harm.
MR. PRENDERGAST conducted the Prosecution.
LOUISA CHILDS . I am the wife of Gabriel Child, but left him the day after last boxing-day. I have lived with the prisoner as his wife for about eight months—we lodged at a beer-shop, No. 81, Kent-street, Borough—he was told he should not stop any longer—the parties were willing to admit me without him—on the 3rd of Nov. I went out with him, and walked about a little—about eleven o'clock at night we went back towards the house in Kent-street—I told him I was going into the house, and should not live with him any longer—he said I should not go if he was not admitted into the house—I parted from him a few doors from the house, and left him there to go in—when I got to the door I was not aware he was behind me—when I put my foot
on the step, he caught hold of me, and said I should not go in—he laid hold of me towards the shoulders, more towards the neck, and said I should not go in—I then felt something across my neck—I could not tell what it was—I saw blood—I struggled with him, and fell down—I struggled to get away—I think he had hold of me when I fell, but I cannot say—the blood was running from my throat on my clothes—there was a good deal of it—I felt a little faint, but nothing to speak of—I think I got up by myself—he went away, I did not notice when, but I found he was not present when I got up.
COURT. Q. Did he hold you after you saw the blood? A. No—he let go, and ran away—I struggled till I got on the ground—he was holding me after the wound, till I fell—I did not perceive the blood till I got on the ground.
MR. PBENDERGAST. Q. Did you perceive the blood while-you were struggling? A. I felt there was something the matter with my throat, but did not perceive the blood—it was done momentarily—I went to the chemist's shop at the bottom of the street—I was then taken to Guy's Hospital—the prisoner has carried a knife with him for years, for his own purposes—I did not see him using it that night.
Cross-examined by MR. ROBINSON. Q. When you say be kept hold of you, do you mean by the shoulder more towards the neck? A. I cannot say the part, but he still held me I suppose by the same part—I felt something go across my throat—I cannot say which hand he held me with—the wound began more towards the middle of my neck—there was one wound under the other—I had been drinking, but a very little—the prisoner had been out all day—he might have been drinking, but not with me—we had a glass of gin and a pot of beer each—we had that together—I first saw him that evening between nine and ten o'clock—we then went to the public-house, and remained there better than an hour—I was not sober, but I was not the worse for drink—I was not tipsy, to say—the prisoner might have been, but I cannot say—I was with him from half-past nine till this took place—I did not see him have anything to eat—there was time for him to do so, but I did not see it myself—Kent-street is rather dark about this part.
MR. PRENDERGAST. Q. Did you observe any appearance of intoxication? A. No, I did not—I do not remember his using the knife in my company that night—I beg for mercy for him.
MICHAEL WALLING . I am a surgeon at Guy's Hospital. The last witness was brought there on the night of the 3rd of Nov.—I examined a wound on her throat and neck—it was on the right side—I found two incised wounds, one about half an inch below the other—they were each about three inches in length, and about half an inch in depth—they extended over the right carotid artery—that is a very dangerous place for a wound—it could not be more dangerous—the artery laid about a quarter of an inch deeper—if that had been cut, her life would have been gone very soon.
Cross-examined. Q. How deep is the carotid artery? A. In this case about three quarters of an inch—as it was these wounds were not very serious—they were merely simple incised wounds—the skin was divided, and the superficial veins of the neck also.
HENRY HARDING (policeman.) On 3rd Nov. my attention was called to Kent-street—I saw the prisoner running—I ran after him—he stopped of himself, when I was about twenty yards from him—he was running when I first saw him, and a cry raised after him—he could not have got away at the time he stopped—he ran about 200 yards—I was about 12 yards from him when he stopped—when I got up to him, some one said he had cut a woman's throat, and she would die—he said, "I did do it, policeman, I will go with you
quietly, and I will die for it"—I did not observe any appearance of bit being intoxicated.
Cross-examined. Q. How far was the place where you apprehended him from the place where this was done? A. About 200 yards—he was taken in less than two minutes—he was running at great speed.
GUILTY on the Third Count. Aged 26.—Recommended to mercy by the Prosecutrix.— Transported for Ten Years.
Before Mr. Recorder.
171. WILLIAM SMITH and GEORGE PEARSON were indicted for feloniously assaulting William Turner, and putting him in fear and danger of his life, and stealing from his person and against his will, 1 hat, value 5s.; 1 handkerchief, 6d.; 1 purse, 6d.; 4 half-crowns, 24 shillings, and 8 sixpences; his property, and at the time of and immediately after the robbery feloniously did together beat, strike, and use other personal violence to him; and that they had both been previously convicted of felony.
WILLIAM TURNER . I am a seaman, and live at 22, Wellington-place, Hackney-road. On the night of the 8th Nov., about twelve o'clock, I was in Blackman-street, coming from New-cross, and close to Union-street—there were about twelve or fifteen men on the pavement—I was walking at a pretty brisk pace, but eased my pace as I came close to them—they opened a passage to let me through—I got a shove on my right side, and before I bad time to look round, my hands were pinioned behind me by four or lire people, and I was held by my shoulders—I was surrounded by the whole of them—I directly found myself fast and could not move, and felt the money going out of my pocket—I had a purse taken out of my left-hand breeches' pocket with twenty shillings in it, all in shillings, a white handkerchief, which was on top of the purse, was taken at the same time, and out of my right-hand pocket, from seventeen to nineteen shillings, in half-crowns, shillings, and I believe sixpences—I called out for the police as loudly as I could, and directly received a blow on my head from some hard instrument or other—it was not a fist; it cut me—I still called out—my hat was knocked off, and I got another cut over my lip from the same instrument—it was something harder than a man's fist—I was then let go, and saw a man picking up a hat—I do not know if it was my hat—I ran towards that man as far as Union-street—I felt blood running down my face—I lost sight of him there—running up Union-street I heard a rattle—I did not run further, but waited till the policeman came to me—I had a pocket-book in my coat-tail pocket—the coat tail was torn, but they did not get the book—my trowsers were torn below the pocket in getting the money out—the prisoner Smith is the man that was engaged at this side pocket or else holding me at the time, the other I believe to be the man who I got the two blows from—I am sure he was close to me—I am sure they were both of the party, and close about me—Smith was on my left side and Pearson on my right—Pearson gave me two blows—the prisoners were left and right of me at the time I was robbed—the blood ran down into my eye and blinded me—I could not distinguish anybody after that to speak to them—I was taken to St. Thomas's hospital-one of the prisoners was brought to me, but I could not recognize him at that time, as my head was so bad from the effect of the blows—the doctor thought my skull was fractured—when I saw Pearson at the Police-court I had no doubt he was the man who was on my right hand, and struck me—I remained in the hospital about half an hour—my lip was cut right open—it required being sewn up—I went about two days after to have the threads taken out.
Smith. Q. Where was the first place you saw me? A. At the Police-court,
after the act was committed—I do not know whether you had a hat or a cap on at the time of the offence, but I think a cap—some had hats and some caps—they all ran different ways—I was left standing—I ran after the man who had the hat, supposing it to be mine—I could not identify Pearson that night, as my head was dizzy after it was dressed—the policeman asked if I could recognize him—I said I could not swear at the time whether it was the man or not.
Pearson. He said he could not tell who it was, he was surrounded by so many. Witness. I did not say that—the prisoners were so close to me, and I was held so steadily with my hands behind me, that I had a good opportunity of seeing them—I swear to you by your countenance—you had a blue jacket on, the same as you have now—I do not know whether you had a cap or a hat, I believe you had a hat, and I believe a jacket.
Pearson. The clerk and the Magistrate put their heads together, and us prisoners were placed between twenty-four or twenty-five others, and before he pointed me out he was asked if the man with the bluejacket was one; why not place us among the people in the court, and let him recognize us? Witness. I pointed him out among others, and said that is the man, in the blue jacket—I am perfectly clear he is the man—I am certain of him.
JOHN SIMS (polite-constable M 164.) On Sunday night, the 8th of Nov., I heard a rattle and cry of "Police!" in King-street—I went towards High-street, and saw Pearson running, in company with two others, one of them I believe to be Smith—I stopped Pearson—he slackened his pace when he saw me, and pointing to one not in custody, he said, "That is him, stop him"—I stopped Pearson and took him into custody—I took him back to the spot, and ascertained that somebody had been assaulted, and taken to the hospital—the prosecutor said he had seen him before, but could not make any charge against him—he appeared stupified from the effects of the blows, and was bleeding—he had a good deal of blood over his face—the surgeon had just finished dressing his lip, which was cut quite through—it was sewn up—the blow on his head had been dressed—when Pearson pointed out another man as the person I ought to take, I asked what he had done—he said there had been a row in the Borough, but he himself knew nothing about it.
Smith. Q. Why not come at the first examination and state that he said he thought I was the man; you did not state it till the third time? A. I was not there the first day—I knew you were in custody, but did not know it was on this charge—you were stopped with a bat—I did not know it was the prosecutor's—I had described who I thought were the men; among the force—I stated to the Magistrate that I believed Smith was the party that passed me in the street.
Pearson. Q. Was not I running close alongside of you a good many yards? I never said, "Stop that man." A. He said, "Stop him, that is him"—they were the only three people who were running in the street—I should not know the third man, he was much taller than either of the others. Pearson. Q. I was behind you how could you know my voice? A. He was not behind me—I met them.
THOMAS WATKINS (police-constable.) I apprehended Smith in Mint-square with a hat in his hand and a cap on his head—he was tipsy—I told him what I took him for—he did not ask me what I took him for—I found two shillings in his mouth—the gentleman would not claim the hat at the office—he said he thought it was his, but would not swear to it—I afterwards apprehended Pearson, and told him what I took him for—he said, "It is all right, I was at the hospital with the man."
WILLIAM TURNER re-examined. I cannot swear this hat is mine, but I I believe it to be—I bought mine in Whitechapel or the Minories—here is "Patent London Waterproof" in this hat—there is no maker's name in it—my hat had "Patent Waterproof," or "London Patent Waterproof" in it similar to this—it has been a great deal disfigured since I had it—I think Smith had a cap on when he was by my side—there were two or three hats and caps lying on the ground, being left behind by the parties—the man who picked up a hat ran towards Union-street.
WILLIAM SHEPHERD . I am a publican, and live in Mint-square—the prisoner Smith came in that night, on the 9th of November, about one o'clock, or ten minutes after—I was letting some friends out, and he came in with some one else—I cannot say whether he had a hat—I did not serve him—I pushed him out of the house—he was in liquor, and I kicked a hat out with him, supposing it to be his—it was late, and I thought he had had enough—the constable was just outside the door at the time—I am speaking of the night of the 8th.
Smith's Defence. There were four or five drinking in the public-house; a young fellow I was apprenticed with came and asked me to have something to drink; I know no more about the hat than I do about what I am charged with; the policeman says he took me going towards Union-street, and where the person ran with the hat was on a different side of the way; the policeman says I ran down King-street; the prosecutor says the man with a hat ran down Union-street; they have made it all up between them—I was intoxicated when I was fetched out of the public-house.
Pearson's Defence. The day after I was apprehended, the policeman said he had seen the prosecutor, and he seemed to think he could swear to me; they have laid their heads together, and made the matter up; how can the man swear I gave the blow in the confusion? I had just come out of the public-house, and heard a rattle springing; I told the policeman so, and he would not go over to satisfy himself.
THOMAS WEST (police-constable M 249.) I produce a certificate of the prisoner Smith's former conviction—(read—Convicted at Newington, the 27th of May, 1844, and confined six months)—I was present at the trial—he is the same party.
SMITH— GUILTY . Aged 29.
PEARSON— GUILTY . Aged 24.
Transported for Twenty Years.
GUILTY . Aged 18.— Confined One Month.
THOMAS CRISP . I am a shipwright, and live in Mill-street, Bermondsey—I have one partner—this sail was lent to me by a gentleman, and was in my custody—I saw it safe at six o'clock in the evening on the 17th of Oct.—the following morning the officer called on me before I was up, to know if I had lost a sail—I got up, and missed it—this is it—I know it by the name of the vessel being on it.
DANIEL MILLS (police-constable M 173.) On the evening of the 17th of Oct. I was on duty in Mill-street, about half-past eight o'clock, and saw the prisoner walking with a man of the name of Cole—the prisoner had some-thing on his back—when he came near me I crossed the road to stop him—he threw down what he had and ran away—the other man had run away before—I pursued the prisoner—he got ground of me—I turned back, and found this sail—I knew the prisoner well—I am positive it was. him—he was right under a lamp—this is the sail the prosecutor identified—the prisoner was taken last Wednesday morning by an officer—he has been out of sight ever since I stopped him.
Prisoner, Q. What time was it? A. Half-past eight in the evening—I am sure it was you—you were on one side, and I on the other—it is not above five paces across the road—I pursued you, but you ran too fast for me.
COURT. Q. Was there any light? A. Yes, a gas-light right at the corner of the turning he ran down.
Prisoner's Defence. I know no more about it than you do; I have not been out of the way to hide myself.
WILLIAM NOAKES (police-constable M 104.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted the 16th of June, 1845, and confined twelve months)—I was present—he is the person. GUILTY.** Aged 21.— Transported for Seven Years.
GUILTY . Aged 28.— Confined Four Months.
Before Mr. Common Sergeant.
MR. PARRY conducted the Prosecution.
HENRY WRIGHT . I keep the Horse and Groom in the Walworth-road—I have resided there six years—I have known the prisoner nearly the whole time I have been there—about eighteen months ago he left a parcel at my house—I was not in at the time it was left—when I returned home I discovered the parcel—it is now in the possession of Mr. Haynes—(looking at it) this is the parcel and the letter that came with it—it was in the middle of the summer of 1844—I do not know the handwriting—it is directed to Mr. Thomas Jackson—I saw the prisoner after the parcel had been deposited, on many occasions—I have once or twice told him to fetch the parcel away—he said the man would call for it—no one ever did call for it till after I named it to Mr. Haynes—a day or two before we appeared at the police-office—the prisoner came to my door in consequence of two men that I turned out of the house—whether they went and told him, I do not know, but he came and created a disturbance—words passed between us—he said I was a rogue, a thief, and a swindler; that I had robbed my creditors, and I had stolen goods in the house—I said, "If I have, I have only one parcel, that don't belong to me, and that is the parcel you left here; and if stolen, the sooner it is out of my possession the better"—in consequence of that I communicated with Mr. Haynes, and gave up the parcel to him—the prisoner never said anything to me about the letter, after I had communicated with Mr. Haynes, but while the parcel was still in my possession two persons called on me—I did not give the parcel up to them—I cannot tell whether I had ever seen either of those persons with the prisoner.
Cross-examined by MR. CLARKSON. Q. It was about eighteen months before you were examined before the Magistrate that the prisoner brought the parcel to your house? A. That is what I stated—I had no idea when, nor do I know now exactly—there was a fracture in the paper by which I could see what the goods in it were, but I never examined it—it remained in the position it was before.
COURT. Q. Was the prisoner in the constant habit of coming to your house? A. Yes, and depositing papers and other things for himself and friends.
JOHN HAYNES . I am inspector of the A division of police. I received a communication from Mr. Wright and went to his house for these gloves—on the morning afterwards the prisoner came to Scotland-yard—he said to me, "I understand you were at Mr. Wright's last night?"—I said, "Yes"—he said, "I understand you have got a parcel of gloves?"—I said, "I have"—he said, "That is all right, I left them there; if you want me here I am"—I said, "I don't want you now, if you will leave your address, I will let you know"—he did so, and said, "I hope you won't want me on market-day?"—on the Tuesday afterwards I went into the neighbourhood of the prisoner's house, and asked for him—the landlord of the public-house I was at sent for him—he came, and said, "Do you want me?"—I said, "I don't to-night, if you will meet me to-morrow morning at Lambeth police-court, it will be sufficient?"—he said, "I will meet you at any time"—I said,"Meet me at eleven o'clock"—(he is a general-dealer, he attends Romford and other markets)—when he came to the Court I produced this letter, which was with the gloves—he said, "That is my handwriting"—I opened it—he looked, and said, "Yes, I wrote that letter"—this is it—it is dated the 13th of June, but no year—(read—"DEAR SIR,—The party returned last night—will look at the goods to-morrow if you think proper to leave, them; I have left them according to my promise. Yours, respectfully.—J. D." To Mr. Thomas Jackson.)—I had got this parcel of gloves in a bag—he said, "There is not near all the articles I left at Wright's; there were two dozen of silk stockings with them, and an invoice"—he said, "They were left at my house with my girl in my absence, and when I came home I took them across to Wright, to be left till called for—they have been left at Wright's two years ago on the 15th of last June."
THOMAS HAMBER . I am a messenger of the Court of Bankruptcy attached to Mr. Commissioner Goulbourn—in 1844 I was in charge of a bankrupt's stock under the bankruptcy of Williams—it consisted of hosiery and silks—it was in possession of the assignees, and I was in charge of the property—I have examined these goods, and have every reason to believe these were part of the stock.
HENRY BOOR . I am assistant to Mr. Thomas Hamber. In 1844 we were in charge of the bankruptcy stock of Williams, in the possession of the assignees—there was a Bale of a portion of that stock on the 15th of Feb.—I went the next morning, and found the police in the shop, and the shop had been robbed—I have seen these gloves—I believe them to be a part of the property that was there.
NOT GUILTY .
PERRY pleaded GUILTY .Aged 28
M'DONALD pleaded GUILTY . Aged 14.
Confined One Month.
BROWN pleaded GUILTY . Aged 34.
WOOD pleaded GUILTY . Aged 25.
EADE pleaded GUILTY . Aged 20.
Confined Six Weeks
WILLIAM JUDD . I am a cap-maker, and live in Vincent-square, West, minster. On the 9th of Nov., at half-past eleven o'clock at night, I met the prisoner at Lambeth—she came up to me, and said, "Where are you going?"—I said, "Home"—I felt something move from my pocket—I turned, and saw my handkerchief going, and saw her putting it under her shawl—I asked her several times for it—she would not give it me, but abused me—the constable came up—she pulled it from under her shawl, and said, "Don't give me in charge"—she wanted me to take it back, but I would not—I did not take any liberty with her.
Prisoner. He did, and gave me 3d.; he gave me the handkerchief to go down a turning; I said I would not be bothered with him nor his handkerchief.
ALFRED WELLS (police-constable L 122.) I came up—the prosecutor said he had been robbed of his handkerchief—the prisoner said he gave it her with 3d.—she said on the way to the station, "Do forgive me for the sake of my child."
NOT GUILTY .
JAMES NEWMAN . I am a carpenter, and live at Mortlake. About nine o'clock on Sunday evening, the 16th of Nov., I gave the prisoner two rings and a gold pin to put into the top drawer of the bureau for safety—she was in my house to take care of my family—I have missed the articles since—the pawnbroker has them—these are them—I never saw them after I gave them to the prisoner.
Cross-examined by MR. PAYNE. Q. You said she was in your house to take care of your family? A. Yes—I am a widower—I was not about to be married to the prisoner—I had made a promise of marriage—she had the management of my place—she was there about eleven weeks—I sent for her brother to dinner on Sunday, and asked his consent to be married to her—I corrected one of my children—the prisoner and I bad a dispute, and she left my house on Wednesday night—when I went to her she said she had the property safe, and I should have it in an hour—she did not say the money had been used for the support of the family.
COURT. Q. Was it used? A. I do not know—I do not know what she has embezzled—she has run me 5l. in debt.
MR. PAYNE. Q. Were you not to be married in Nov.—and did you not say it was unlucky to marry a second wife in the same month that you did the first wife? A. I might say so—her brother is the sexton of Mortlake.
NOT GUILTY .
GUILTY . Aged 30.— Confined Three Months.
MR. ROBINSON conducted the Prosecution.
WILLIAM WALKER (police-constable V 98.) I was on duty about ten o'clock at night, on the 6th of Nov., near the Ship public-house, at Wandsworth—the prisoner came out and told me he meant to have some of those bricks (pointing to a stack) to pave a sty—I said, "You are not going to be so foolish as that; you may be put into the station-house"—(I had known him some time, and knew nothing against him)—he said, "Well, call me up at two o'clock"—he works at Mr. Watkins's distillery—I went to his house at two o'clock, and saw something white in the corner of the yard, and there I found nineteen bricks—I went to the stack, and found they corresponded with the bricks there—the stack is 167 yards from his house one way, and the other way 147 yards—I produce one of the bricks—they are marked, and have a hole in them—I called the prisoner, but he never got up till six o'clock—I then went up to him—I said, "I want you down stairs about the bricks"—he said, "I have not brought them there"—his father said, "They were not there last night."
Cross-examined by MR. DOANE. Q. It is an open yard? A. Yes—you could not see them without going in—I have known him six or seven years, a hard-working, industrious young man—when I saw him he was in liquor.
WILLIAM WADE (police-constable V 199.) I was on duty about ten o'clock at night on the 6th of Nov.—I saw the prisoner—he appeared a little in liquor—I heard him tell my brother constable, "I shall have some of these bricks to-night"—he said something more, but I did not hear what—he then went into the public-house again—I saw no more of him till half-past eleven o'clock—I then saw him about ten yards from a pile of bricks which were lying on the side of the road—I walked a little distance; I then stopped, and heard some one moving the bricks—I went back, and saw the prisoner picking bricks up—as soon as he saw me he threw them down, and left them in the road—he said to me, "What the by——y h—I do you do here?"—I said,
"What do you do here?"—he said, "I am set to watch the bricks; you be off, if not, I will get two or three more, and give you a good dowsing"—I went a little distance, and he went into the public-house again.
Cross-examined. Q. Do you know Mr. Knill? A. Only by sight—the Magistrate admitted the prisoner to bail, and he has surrendered.
WILLIAM PORTER . I am agent to Mr. Henry Knill; he is a contractor for the works on the Richmond Railway. There were a great number of bricks on his premises—I saw the discharge of them—they were his property—I have seen the bricks that were found—they are the same—the prisoner had no right to meddle with them—he never was in our employ.
NOT GUILTY .
EDWARD JOHN WARMAN . I am a carpenter. On the 9th of Nov., at half-past five o'clock, I was at work in the Clapham-road—I left my tools for a little while—when I came back I found the prisoner under the bench—he had a smoothing-plane in his pocket, belonging to my master, Thomas
Greenham—I called my master—he came, and the prisoner dropped these planes—one of them was in his pocket—he had no business with it.
Prisoner. I only went to lie down; I never had a thing about me. Witness. I am sure I saw one of my master's planes in his pocket, and he had this saw in his hand, which is mine—I had been away about half an hour.
EDWARD ELLIOTT (police-constable L 111.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted Aug. 18th, 1844, (having been before convicted), confined six months)—the prisoner is the person.
GUILTY . Aged 34.— Confined One Year.
ELISHA KNIGHT . I am an oilman; I live in Charlotte-terrace, New-cut, Lambeth. I and another person were executors under a will—I have two or three houses under repair at St. Andrew's-terrace—this lead was taken from one of them.
HENRY WALL . I am a plumber; I was repairing the roofs of Nos. 1, 2, 3, and 4, St. Andrew's-terrace. On the 9th of Nov. I had occasion to go up for a basket—the roofs were then quite sound—on the 11th of Nov. the policeman brought me a piece of lead—I have compared it with that on the roofs of those houses—I am able to swear it came from one of them—I joined the two pieces together, and they corresponded—I am sure it is part and parcel of the lead that was on those houses, by the thickness and width.
WILLIAM KEALEY (police-constable L 142.) This lead was given to roe by Evans—I saw the prisoner coming off the roofs of these houses—he was on the ladder, and slid down—I secured him directly—Evans found the lead on the ground.
Cross-examined by MR. HORRY. Q. Do you know Evans? A. Yes, and have for some time—I had seen him about an hour previous, walking in the Waterloo-road—I have not seen him walking about at all hours of the night—I have seen him about at late hours—he was not with me at the time I saw somebody on the roof of the houses—I saw a man come down the ladder, and run away—I then saw the prisoner come down, and took him—I had him in custody at the time Evans came up—he went round to the ladder, and found this lead—the prisoner pretended to be drunk—he acted very like a drunken man—I asked him what he wanted on the roof—he said it was all d———d nonsense.
JAMES EVANS . I am a labourer, and live in St. Andrew's-terrace. About three o'clock that night I was standing near the ladder—I heard men conversing at the top of the house—I looked up, and saw two men's heads—in a few minutes something fell, which I thought was a stone, but it was lead—I said they might speak before they threw anything down, as it might come on any one's head—then another piece came down, and then two men came down—the prisoner was one of them.
Cross-examined. Q. One man came down and ran away? A. Yes—the policeman was coming up to the ladder—when the lead came down I called out loud enough for any one to hear, and instead of their attending they threw another piece down—I am not in the habit of walking the Waterloo-road—this was the first time of my passing up the road that night—I was coming from a coffee-shop—I was waiting to see Ann Jones—I was once in the police, and left it from bad health—I was a soldier, and was invalided in 1841—I resigned from the police—I then took to travelling—I was not a tumbler—I was looking after horses for a travelling exhibition—Ann Jones may walk
the Waterloo-road—I do not live with her—I wanted to see her—I had seen her about eleven or twelve o'clock that night, and had seen her before.
(The prisoner received a good character.)
GUILTY. Aged 23.—Recommended to mercy.— Confined Three Months.
GUILTY . Aged 15.— Confined Three Months.
185. HENRY SHERGOLD and MARY SHERGOLD were indicted for stealing 1 bed, value 4s.; 4 rugs, 7s.; 2 brushes, 3s.; 1 tin can, 3d.; 1 pair of trowsers, 1s.; 5 shirts, 7s.; 2 shifts, 1s.; 3 blankets, 7s.; 9 sheets, 10s.; 2 yards of linen cloth, If.; 9 petticoats, 10s.; 3 bed-gowns, 2s.; 4 pairs of stockings, 1s.; 3 pillow-cases, 3s.; and 1 wooden stock, 6d.; the goods of the guardians of the poor of the parish of St. Mary, Lambeth, the master of Henry Shergold.
MR. BODKIN conducted the Prosecution.
WILLIAM ADAMS . I am master of St. Mary Lambeth workhouse, and an officer of the Guardians of the Poor of that parish. The prisoner, Henry Shergold, was employed to drive our cart, with supplies of bread and meat, to Norwood, where we keep the infant poor—he did not live in the work-house—his food was found him in the house, and he was generally from two to four hours a day in the house—he lived in some lodging with his wife—the cart that went to Norwood was always in the workhouse yard—it was loaded there—on Friday, the 13th of Nov., in consequence of information, I gave Henry Shergold into custody—I afterwards went with the constable to where he lodged, and found his wife, Mary Shergold—the constable found forty-six duplicates there.
Cross-examined by MR. DOANI. Q. Has Henry Shergold been engaged in this capacity eight years? A. Nearly eight years—when first engaged he had a gratuity of 2s. a week—the gratuities were then done away with, and he had 6l. a year—he was then unmarried—he had a double ratio of food—he has been married about five years—he had no ratio for his wife—he had no claim for that.
THOMAS MASSER (police-sergeant L 39.) I accompanied Mr. Adams to No. 19, White Hart-street, Kennington, where the prisoners lodged—I found forty-six duplicates—twelve of them refer to the articles in this indictment.
CHARLES WILLIAMS . I am in the employ of Mr. Matthews, a pawnbroker. I produce a blanket pawned at our house—it has been in our house about two years—here is the corresponding duplicate of it amongst these twelve—I produce a petticoat pawned on the,21st of July, a shirt pawned on the 2nd of Nov., a sheet on the 20th of Feb., a shirt on the 3rd of Nov.—here are the corresponding duplicates for all those articles—they are all pawned in the name of Ann Shergold—the female prisoner has pawned at our shop, no person but her pawned in that name—I have no doubt she pawned these—she has always been alone. Mary Shergold They are my own property.
WILLIAM LUNDY . I am in the employ of Mr. Fletcher, a pawnbroker, I produce three sheets, a petticoat, and a blanket—here are the duplicates corresponding with them—I know that Mary Shergold renewed them, and paid the interest on them.
GEORGE HORNSBY . I am in the service of Mr. Stevens, a pawnbroker at Newington Butts. I produce a flannel petticoat—I find the duplicate corresponding with it here—it was pawned in the name of Ann Shergold, and I
believe by the female prisoner—she was in the habit of pawning at our shop in that name occasionally—no other person pawned in that name.
MARY NEWMAN . I lodge at No. 19, White Hart-street, Kennington—the two prisoners lodged in the same house. I saw the man come with his cart to the place several times—I have opened the door and seen him bring a blue handkerchief out of the cart, with something in it.
SARAH HOCKER . I am laundress at Lambeth Workhouse. I have looked all these things over—some of them I know belong to the workhouse—this petticoat I know to be the workhouse property—this sheeting is their property torn up—here is a petticoat—I lost one exactly like it—I should rather incline to think it is the same, but I could not swear to it—this blanket with the private mark "16" on it I lost some time ago—this I am positive about—this is our sheeting—where the stamp has been a piece has been taken out, and another piece put in—I missed these things from time to time, not all at once—here is another shirt I know to he the property of the workhouse—here is a piece of sheeting I know—here is a petticoat which was not lost from my care—there were a great many like it—I lost two shirts like thtft one—ithai pearl buttons—it resembles those I missed—there is no mark in it now—this other petticoat is the property of the house—I have lost several which quite correspond—this is a new blanket—I could not swear to it, but there are plenty like it at the Union—here is another sheet which is their property—this bed the officer found at the prisoner's lodgings belongs to the workhouse—here is "No. 7" on it—it belonged to No. 7 ward.
HENRY SHERGOLD— GUILTY. Aged 49.—Recommended to mercy by the Jury— Confined Four Months.
MARY SHERGOLD— NOT GUILTY .
ANN CATTELL . I am the wife of John Cattell; we live at Lambeth. The prisoner came to wash for me—on the 5th of Nov. this pelerine was taken out of my shop window—it was found on the prisoner's person when she was taken on the same day—this gown I let her have to take to show her daughter—she was to be back in ten minutes, instead of which she pawned it.
Prisoner. I did not take anything to defraud her; I would have worked it out, if she would have allowed it.
Prisoner. The pelerine was inside the gown.
GUILTY.** Aged 59,— Confined One Year.
WILLIAM STEVENS . I live in York-road, Lambeth. The prisoner was my apprentice—on the 18th of Nov., about one o'clock, I left him in my shop, and went down to dinner—just before I left I put into the till a shilling, a half-crown, and a sovereign—I had been but a few minutes down when the prisoner called me to a man who came with blue ink—I had three bottles, which came to 1s.—I took the key out of my pocket, unlocked the till, and the shilling I had left there was gone—I said to the prisoner, "Now I have discovered the thief" (I had lost a considerable sum of money before)—I said, "Where is the key to my till? What have you done with the shilling?"—he said, "I have neither key nor shilling"—I searched his pockets, and found some plums, but no shilling—the seat he sat on had a great quantity of things stuffed in it—I opened it, and I found a letter addressed to his mother—I said, "I can bear this no longer," having lost so much, which he was aware of—I sent for a neighbour, who is a parochial constable—he came and searched, but nothing could be found—he searched the seat, and close down by the prisoner's heel I discovered a purse—I said, "Here is the secret—here is the key and shilling"—the key was taken out of the purse and applied to the till—it
fitted the lock—I then said I could account for the valuable property he brought in from time to time, which he could not have purchased—he had no wages.
Prisoner. The key was the key of my box, and the shilling he gave me. Witness. There was no lock to his box—he never had a key.
WILLIAM PIPER . My mother keeps a marine-store shop. The prisoner came over to me and asked if I would say that I was in a raffle for a musical box—I said I did not like it, but I would not mind to do it—he said if his master or mistress came over I was to say it was at No. 4 or 14, Belvidere-road, and he would give me 6d.
Prisoner. The shilling my master gave me last Sunday week, and. I have had a shilling and a halfpenny given me; his son-in-law gave me 7 1/2 d. GUILTY . Aged 18.— Confined Six Months.
GUILTY . Aged 21.— Confined One Year.
DANIEL LOVETT HUBBARD . I am in parnership with William White and Stephen Greenwell, of Black friars-road. We are drapers and silk-mercers—the prisoner was our porter—we engaged him entirely from charity, as he was out of a situation—I. received information which induced me to watch him—I called in a constable on the 30th of Oct., and saw him take this neckerchief from the prisoner's pocket—it is our's—it is a new one—he had no business with it.
Cross-examined by MR. MELLER. Q. Your's is a very large establishment?
A. Yes—the prisoner has been in our employ nearly six months—he was previously with Mr. Evans, at Clapham—he had to sweep out the shop and other matters—it would not frequently happen that things would drop over the counter—we have a great number of gloves and other things, but they
are put away-we have places for them—he would know very well he had no business to take any thing that was in the shop and put it into his pocket—we have between forty and fifty men—our shop is perhaps 120 or 130 feet long—I was with the constable—the prisoner put his hand into his pocket—he did nut take this article quite out—he was shuffling about, and brought it partly out, and the constable seized his hands and took it all out.
Cross-examined. Q. Was not this your evidenoe, "His hand was in his pocket?" A. Yes—that was after I had searched his jacket-pocket.
GUILTY . Aged 36.— Confined Six Months.
JOSEPH EDWARD CHADDOCK . I am a baker's boy, and carry bread about for Mr. Savory, of the New Cut, Lambeth. On Saturday, 7th of Nov, I met the prisoner and another boy—they offered to help me to. carry the bread—I had received my wages just before that, a sixpence and seventeen groats—they asked whether my master paid me, or paid my mother—I said he paid me—we got on to Bridge-walk, Lambeth, and the prisoner said, "I will lay you sixpence I will put you down in wrestling"—I said, "No, I shall lose my money"—he then threw me down and got on me—when I got up, my money was gone and my trowsers unbuttoned—I told him he had it—he ran away, and I did not see him any more till he was taken on Sunday morning—I am sure he is the person—I felt his hand about me, but I did not feel it in my pocket—no one else could have taken the money.
Prisoner There was a man came by.
JOSEPH EDWARD CHADDOCK re-examined. Q. Did Jim wrestle with you? A. No, he did not touch me—I am quite sure of that—I knew the prisoner by sight before—they did not go away in the same direction—Jim went with me—I knew him by sight, and the prisoner too—I do not know how he gets his living.
Prisoner. We were both wrestling, and fell down; a man came by and picked him up.
GUILTY . Aged 15.— Confined Six Months.
ROBERT FISHER . I am in the employ of Charles Mullins and another, pawnbrokers, at Newington. The prisoner was in the habit of coming to their shop to pledge—on the 29th of Oct. I missed two gowns—I believe these produced to be them.
(The prisoner received a good character, and her brother promised to take her home.)
GUILTY . Aged 26.— Confined Three Days
JOHN BEAMISH . I live in White-street, Southwark, and am a skinner and furrier. Hill was in my employ, and Watkins has been with me—I lost a quantity of rags lately; in consequence of which, I spoke to the constable to watch the prisoners—he showed me a quantity of rags—I believe them to be mine—I have rags which I bought corresponding with them in every respect. Watkins. Q. What can you swear to the property by? A. I do not swear to it—it exactly corresponds with mine—I bought it from a man out of the country—the bag was a bacon-wrapper, and it contained a coat and a pair of plaid trowsers—the bag corresponds exactly with what I had.
ROBERT BRANFORD (police-constable M 101.) I watched on the 3rd of Nov., and saw the prisoners up Mr. Beamish's yard, at his warehouse door—I saw Watkins go up four different times to the warehouse door, and bring out a large bag on his back each time, and another man came out—Hill was then inside—Watkins then went up again—he and Hill came out with a Urge bag of rags—I took them into custody—this is the bag—it was between leven and eight o'clock in the evening.
Walkings Defence. I bought it of a man who brought them there for sale.
WATKINS— GUILTY . Aged 23.— Transported for Seven Years.
HILL— GUILTY . Aged 18.— Confined Six Months.
CHARLES HARRIS . I am a carpenter, and live in Union-street, Southwark. I bad a saw, which I left with my tools in the kitchen, on Saturday evening, the 31st of Oct.—on Monday, the 2nd of Nov., I missed it—this is it.
JAMES BAKER (police-constable P 98.) I saw the prisoners in company on the 2nd of Nov., about half-past five o'clock in the evening—they had something in a bag—I took them, and found this saw in the bag.
Cross-examined by MR. DOANE. Q. Did you observe where they came from? A., No—I did not observe them come out of a coffee-shop—Walker was carrying it—Williams said it belonged to the other, and Walker said be knew nothing about it—when we got them to the station-house they both said they found it down by London-bridge,
WILLIAMS— GUILTY Aged 17.— Confined Three Months.
WALKER— GUILTY . Aged 17.— Confined One Month.
SARAH BELLRINGER . I am a widow, carrying on the business of a shoemaker, at Lambeth, On the 16th of Oct. I received information, and missed a pair of boots and some shoes—these are the boots—they had been trusted to me to repair.
GEORGE BELLRINGER . I am the proseoutrix's son. About nine o'clock. on the 16th of Oct. I was in the parlour behind the shop and saw the prisoner go out of the shop—I am sure of him—I gave information.
Prisoner. At the station he picked out two other men, and then he said it was a man in a brawn coat, a person like me, that put a boot on the counter,
COURT. Q. Had you any doubt about this man being the person? A.
I am sure of it—we thought it was somebody like him put a boot on the counter, but I am sure it was him went out—I did not see his face.
Prisoner, I bought the duplicate at a public-house where I received my wages on Saturday night.
GUILTY.* Aged 20.— Confined Six Months.
HENRY BARRY (police-constable M 171.) On the 4th of Nov. I was on duty in Redcross-street, Southwark, and met the prisoner, with these two pieces of lead in his hand—I asked where he got them—he said he found them on Black friars-bridge.
JOHN WILLIS . The prisoner was in the service of Mr. William Cubitt and his two partners on the 4th of Nov.—these two pieces of lead are their property—I am able to swear to it—I have since found we have lost such—I did not know it at the time.
Cross-examined by MR. WILDE. Q. I suppose there are many such pieces as these? A No—these were cast between two pieces of iron, to make t joint—these are the only two that have ever been cast—I cast them myself, about a month since—there are hundreds of people employed in the foundry—the prisoner was employed there—the lead was not locked up—there are no moulds similar to these—I made them myself.
GUILTY . Aged 37.— Confined Three Months.'
GUILTY . Aged 25.— Confined Six Months (There was another indictment against the prisoner.)
GUILTY .— Confined Six Months, one week in each month solitary.
THOMAS BARKER HILL . I am an engraver, and lodge at the Mitre coffee-house, Old-street-road. On the 3rd of Nov. I was near the Royal Exchange a man came up and asked me something—I walked with him to the Crown public-house—the prisoner and an old man came in there—(they did not appear to be acquainted)—the old man pulled some cards out of his pocket, which he called pictures—the party who was with me asked me where he got these cards from—they began to take some of the cards off and wanted me to have them—I said I would have nothing to do with them—the man said he had been at a brothel and these were for sale—the man with me proposed to go to some gardens, and we all went to the Yorkshire Stingo—they went up into a room and had the gas lighted—they had not been there long before they began to play at cards amongst their three selves—I had six sovereigns and some silver—I did not tell them what I had got, but they got
to know it by one of them pulling out a number of sovereigns, and the old man had a pocket-book with a great number of notes, or what looked like notes, in it—the other two said to the old man, "If you think you are in bad company we have got money"—I said, "have got tome money".—I took my hand out of my pocket carelessly—I do not know what I pulled out—I might have pulled out a couple of sovereigns and some silver, or it might be three or four sovereigns—they were playing at cards, and they asked me to play, but I would not—at last I was persuaded to bet two sovereigns—(they were playing for three or four)—I lost six sovereigns, and one which the man who went with me lent me, which was seven—the man then asked for his sovereign back—I had not got a sovereign, which he knew—they all said, "You must pay him, you will win it back"—I had to go and pawn my gold watch and chain to pay the sovereign—I pawned it for eight sovereigns—I went back and went up stairs—I took off my coat and put it down with the eight sovereigns in the coat pocket—I sat down—the party I had to pay the sovereign to stopped down stairs—I went down in a few minutes, and when I came up again I saw my coat had been disturbed—the prisoner and the old man were gone, and the money had been extracted from my coat pocket—no one had been in the room that could have taken them but the prisoner and the old roan—I went after the prisoner and found him in a road I do not know the name of—I watched him till I met an officer—I then went and asked him how he came to leave so abruptly—he said the old man was going to give him some ale.
Cross-examined by MR. PARNELL. Q. You were going from the Exchange to Oxford street over London-bridge, were you not? A., Yes, he took me that way—when I got the 8l. for the watch, I put it into my waistcoat-pocket—I then put it in my coat pocket and buttoned my coat—the man who had been with me first walked with me—when I got back to the Yorkshire Stingo he did not go in—I saw no more of him—I think I put my coat on a table—I staid up stairs ten minutes—the prisoner and the old man did not seem to know the other man—they soon got to know him—the prisoner and the old man came in together directly after each other—there was no one in the room at the Crown when we got there—the prisoner was searched, and I believe 15s. was found on him—I had only been in London one week this time, but I served my time in London.
MARY MOON . I live at the Yorkshire Stingo. On Tuesday, the 3rd of Nov., four men came in and went up stairs—I told them I would light the gas—they ordered a pot of beer—I went down to get it up—shortly after the prosecutor came down and went out—I did not see him go out, but I saw him go up again—while he was out another of the party went out—they came back, and I saw the prosecutor go up stairs—the prisoner was one of the four in the room—the prosecutor came down again and asked if the men were gone out—I said yes—he asked which way they were gone—I said I did not know—he said they had robbed him of eight sovereigns.
GUILTY . Aged 31.— Confined One Year.
199. GEORGE BAYNES was indicted for stealing 9 standard rose-trees, value 1l. 2s. 6d., being and growing in a certain garden belonging to Elizabeth Huson, and adjoining her dwelling-house; and that he had been before convicted of felony.
URIAS GEORGE ALLENDAR . I am a gardener, and live in Albert-road—I know Mrs. Elizabeth Huson, who lives at No. 2, Albert-road—I knew her rose-trees—I missed nine of them from her place on the 21st of Nov.—I know two of them—they were safe in her place on Friday, the 20th of Nov., and the next morning they were gone from the garden in front of her house—they
had parchment labels on then—the labels are cut off, but here is the string where the label wan—this one I can swear to, as when it was planted they left a dead branch in it, and I cut it out—the trees were worth 2s. 6d. each.
AARON MORSE . I live at Peck ham Rye. About seven o'clock last Saturday morning I saw the prisoner pass with these rose-trees under his arm—I gave information and assisted in tracing them—we found them at Mr. Thompson's, of Peck ham Rye-terrace—they were then planted.
Prisoner. Q. What did you say when I passed you with them? A. I said, "You are early"—I did not ask if you would exchange them for gooseberries, and I would make a swap.
Prisoner, I bought these roses, and paid for them; I had occasion to go to Mr. Neal's—I bought a dozen and a half of them—the string is nothing, but tied on since the trees have been taken; the officer brought two labels in his hand, and put them in my pocket when he was searching me.
THOMAS LAW (police-sergeant P 25.) I had two labels in my hand—I did not put them in his pocket—they were labels that were on trees in the back garden—I brought them to compare with those that had been on the trees in the front garden—he said, "Don't put them in my pocket"—I said, "No."
Prisoner. I can go and get a score more roses like these; they have nothing to swear to them by; I told Mr. Barton I had got some a week before.
PETER KENDALL (police-sergeant P 1.) I produce a certificate of the prisoner's former conviction at this court—(read-Convicted 2nd Feb, 1846, and confined six months)—the prisoner is the person.
GUILTY .— Confined Eighteen Months.
Before Mr. Recorder
200. PETER JOHN JOSEPH PARENT was indicted for stealing 2 printing blocks, value 1l. 1s.; 1 yard of flannel, 2s. 6d.; 4 spoons, 4s.; 2 forks, 1s. 6d.; 1 printed book, 1s.; 1 handkerchief, 5s.; 1 fan, 2 s .; 4 plates, 1s.; 1 whip-handle, 2s. 6d.; the goods of Edward Guigues
MR. CLARKSON conducted the Prosecution
EDWARD GUIGUES (through an interpreter,) I am a leather manufacturer, and live in Russell-place, Russell-street, Bermondsey. I have known the prisoner about nine months—in May he and his wife came to my house as friends—I never gave him any authority to pawn any property of mine—when he put something in pledge we were together—I never authorised him to pledge any article except for myself—some time after they came to live in my house, his wife left—the prisoner staid till Sept.—he quitted in Sept.—I missed different articles from the house, forks, spoons, flannel, printing-blocks, and a quantity of leather, some pocket-handkerchiefs, a memorandum-book, some plates, and the handle of a whip—I did not miss them till he was gone—I never gave him authority to take away or to pledge any of these articles—I never permitted him to go to pawn for me, except I was with him—these printing-blocks are mine, this jar and these forks and spoons are mine—these leather slipper fronts are mine, and this flannel, this whip-handle, and these books—when the prisoner came to my house he came as a friend.
Leicester-square. The prisoner came to my place in September—I cannot say on what day he exchanged these five dozen of leather slipper fronts I with me for a pair of boots
ELISABETH CAMPION . I worked at Mr. Guigues' while the prisoner was staying there—I have seen him, in the absence of Mr. Guigues, packing up leather—when he has packed it I have seen him give it to a little boy to take away.
Cross-examined by MR. BALLAMTINB. Q. Do you know anything of Mr. Guigues? A. He is a manufacturer of leather—he has twenty men at work—he was in circumstances of embarrassment about four months ago—I never heard that there were frequent applications at his house for money—I never pawned anything for him—I was asked to pawn an outer coat, but it was not me that did it—the boy went with me and he did it—the boy pawned a book—he took it out of the parcel in the shop and stood and read it—I went with him to see that he pledged it.
MR. BALLANTINE to EDWARD GUIGUES. Q. You are a Frenchman? A. Certainly—I have travelled for fifteen years in all countries in the world—I, do not know what the galleys mean—I certainly was never condemned to them—I never had any condemnation to my knowledge—I never was charged with any offence against the laws of France—I never heard that I was sentenced to the galleys, and to be put in the pillory—I never knew that there was a charge against me, and that I escaped for the purpose of not meeting it—I left Paris four years ago—I never heard there was a judgment against me. Q. Do you know anything of this?—(handing a bill of exchange to the winess.) A. I know this bill has been stolen from my place, and can give proof of it—they have come for the payment of it, but I put opposition to it, as being stolen—I gave the prisoner into custody when I found some articles had been stolen—I did it after the bill became due, but I never owed the bill—the acceptance on this bill is my handwriting—you can ask the person who had the bill in his possession how be came by it—a writ was served on me—Mr. Parent wrote the body of this bill himself, and I accepted it—I do not know whether I was served with a declaration—I was served with another document eight days after the writ, and then I employed an attorney—my wife wrote this letter, (looking at it,) and I signed it.
(A translation of the letter was here read as follows:)—"My dear Parent,—I pray you to have patience until to-morrow. I was ignorant yesterday that it was a féte day to-day, and that Mr. Myers would not come, therefore I am without money; but to-morrow I will ask for some money, and be able to give you some the day after to-morrow. I will see a tailor for myself, and will speak for you at the same time. Tell me where I am to address him. You can send Leónidas tomorrow. I will remit him something, as I hope to receive myself. All yours, per E. GUIGUES."
Q. Was this letter sent after a demand had been made on this bill? A. It was written before I was sued, before the bill was due—I sent it by Leónidas before—I wish the letter were produced which I received from Mr. Parent before, which this is an answer to—I knew Mr. Myers while the prisoner was at my house, but we became partners after the prisoner left—I used to give the prisoner 2s. or half-a-crown at a time.
Q. Is that the reason why you prayed him to have patience till to-morrow? A I had no money for myself—I did not know he had this bill in his possesssion at that time—I only knew that he had it when a person told me that it
had been presented for 5l.—I was only told of that on Friday, and the following Monday I received a writ—when I was in Paris there was no charge against me of having committed forgery—nothing at all—I have been in several places in Belgium after I led Paris—I did not go to any place when I got three or four piano-fortes—I was never charged with it—I do not knot a person named Lischtenthall, who deals in pianos—I never gave my own father into custody in London, nor charged him with anything at a police court—he came to my house while I was out, and made a noise—Mrs. Guigues was obliged, for the preservation of the peace, to call in the police-officer.
MR. CLARKSON. Q. Explain what this bill of exchange is? A. As I was very short of money, I made the bill for the purpose of trying to procure money, as I was always in hope of getting a partner that I might follow my business—I accepted this bill, and gave it to a Mr. Coombs, to have money raised on it—I never got any money on it—Coombs gave it me back, as be could not raise money on it, and I put it in the cupboard in my own place, and it has been stolen from my cupboard—I have never seen it since—I gave my wife directions to write this letter, because the prisoner wrote a letter to me, which is now in my lawyer's hand—I can send for him now—this letter was written about the 20th or 25th of Sept.
Q. How do you account for using such language as "Pray, have patience till to-morrow," to a man to whom you owed nothing? A. It was only by good nature that I wrote him that—I had not had notice at that time that the bill was over-due, or was in anybody else's hands.
NOT GUILTY .
201. PETER JOHN JOSEPH PARENT was again indicted for stealing 1 blanket, value 4s. 6d.; 1 book, Is. 6d.; 1 bead-bag, 1l.; 3 books, 15s.; 1 riding-whip, 10s.; 1 eye-glass, 2s. 6d.; 5 napkins, 5s.; and 60 leather fronts for slippers, 2l. 18s. 6d.; the goods of Edward Guigues,—2nd COUNT. of Henry Bingham.
MR. CLARKSON conducted the Prosecution.
EDWARD GUIGUES . I became acquainted with the prisoner—in May last I took him and his wife into my house, and without any remuneration—I was under the necessity of pawning, and have pawned property of mine from time to time while the prisoner was in the house—I always accompanied him—I never went into the pawnbroker's, but waited at the door—I never authorised him to take any of these articles mentioned, to pawn—these articles are al mine
Cross-examined by MR. BALLANTINE. Q. Did the prisoner, while he was staying with you, do anything for you? A. He never did anything—I had nothing to do myself—he never kept my house—he had to answer for me if I were out of the way—I never went out except on business, and that was very seldom—I never kept out of the way—I never paid the prisoner anything, because I never owed him anything—this is the letter (looking at one) to which I sent my letter as an answer—I received these other letters—they are all in the prisoner's handwriting.
(Translation.) "My dear Guigues,—This is to cause to see my sister Ann. Do you see any one come? I go to the public-house, but find nothing. It is almost impossible I can remain thus, because what I expect myself cannot arrive for some time, and I must live every day; therefore give something to Leónidas, and let me know about what day I can depend on the realizetion of your promise.
"My dear Guigues,—I send you Leónidas, in order that you should give him some money, because I am in a complete state of want; it is impossible
for me to live after this fashion. I reckoned on your promise as a devoted friend, for you have sworn to me when we got drunk together; but perhaps the promises have vanished with the spirit. As to the tailor, I shall go to your house; that will be better.
Croat-examined. Q. Mr. Guigues was in very distressed circumstances—was he not, in September, in distress for money? A. Yes. Richard Messenger, a sheriff's-officer, was in possession—I have not often given things to the prisoner to pawn in the presence of Messenger and Leónidas—when I went with him, when any pawning has taken place, he did not go in; I went and pawned myself—he never went with anything, and I remained outside while he pawned it—I did not give this whip to the prisoner myself—I married the prosecutor in this country—I was with him in Belgium—I do not know anything about any piano-fortes there—I did not sell any while I was there—I never gave my husband's father into custody, but he went before the Police-court.
ELIZABETH CAMPION examined by MR. BALLANTINE. Q. You stated you have been with the boy to pawn, was Mrs. Guigues ever with you? A. No; she waited by St. George's church—I did not see the prisoner there when Í took the coat, but he was there when I came out from the pawnbroker's, waiting in the street—I gave the money to Madam Guigues—she went to Mr. Spink's, in Gracechurch-street, and there she took out a parcel—part of it belonged to the prisoner—she first pawned something of her own, and with the proceeds of that she took out a parcel—I do not know what was in it—she took a small parcel out of the large one, rolled it up, and said that belonged to Mr. Parent—I have never in my life, been with Madam Guigues and the prisoner to pawnbrokers to pledge things, but that once—I took the whip out of pawn myself, at Spink's, and gave it to Madam Guigues—that it about three months ago—I knew of its being pawned, but I did not pawn it—Madam Guigues has not told me that the prisoner pawned it—I took other things out with the whip—I did not take this book out—I did not know of its being in—I never saw this bag before in my life.
CHARLES JOHN THRIFT . I am in the service of Mr. Burton, a pawnbroker, in Great Portland street. The whip and eye-glass were pawned by the prisoner, on the 1st of Oct., for 4s.—these napkins were pawned by a female, who was identified at the Police-court, and I heard the prisoner there say she was his wife.
Cross-examined. Q. Do you know Madam Guigues at all? A. No—I have seen her here—I do not know Mr. Guigues—I do not recollect that I ever saw the prisoner but on that occasion.
Cross-examined. Q. Do you know Mr. Guigues or his wife? A. No, only by seeing them at the Court—I believe the prisoner has pawned one or two articles beside, and taken them out again. HENRY GUION. I was in the service of Mr. Spink, a pawnbroker. I produce this book and bead-bag, which were pawned by the prisoner on the 21st of Sept., with other things, for 7s.
4th of Nov.—I left him at the station—I went to his lodging, and found some duplicates there—some of them related to this property.
Cross-examined. Q. I believe he was allowed to go out on his own recognizances? A., He was, with one surety.
MR. BALLANTINE to ELIZABETH CAMPION. Q. Do you remember when the prisoner left Mr. Guigues'? A. I cannot say exactly—after he left Mr. Guigues I have never been in company with him, only at the time I took the coat—I got a sovereign for the coat.
MR. CLARKSON. Q. When were Mr. or Mrs. Guigues with the prisoner after he left their house? A. I think about two months ago—I know it was after he left—I do not know where the prisoner lives—I was in company with him and Mrs. Guigues that once, when I took the coat—it was Mr. Guigues'—I never gave the prisoner the money,
Cross-examined. Q. Do you mean to say you have not taken letters from Mr. or Mrs. Guigues to the prisoner at all? A., No.
NOT GUILTY .
JAMES BURTON (police-constable M 272.) On the evening of the 3rd of Nov. I was on duty near Messrs. Moser's yard—I saw Edwards and another man coming in a direction from the yard—they had a bundle of steel with them—I followed them—they stopped to rest—I went up and asked them about the steel—they told me where they got it—I left them in the street with another constable, while I fetched Mr. Moser to where they, were—I then went back to Mr. Moser's premises, and saw the prisoner King—I asked if he had parted with any steel, or if two young men had been in the yard—he said no. he bad not parted with any—King was taken to the station, and when Edwards saw King, he said, "That is the man that we paid the money to"—pointing to King, who denied it—Young was taken to the station afterwards—Edwards saw him, and he said, "That is the man that gave us the steel"—Young said he did give them the steel, and he thought it was all right.
Cross-examined by MR. CLARKSON. Q. Were you in police clothes? A. No—I did not tell King he had no occasion to tell me anything—I did not ask him if he had sold any steel—it was Young I asked—when I went, Young was in the yard by the scale—I do not know that he was doing anything—we had all the men, one at a time, in the counting-house—they all denied it.
MR. BALLANTINE. Q. Had Edwards mentioned the names of the persons? A. No, only given a description—I inquired of all the people—King was identified and taken to the station, and Young was identified afterwards.
WILLIAM HENRY EDWARDS . I am a smith, and Jive at Vauxhall. My father sent me to Messrs. Moser on the 3rd of Nov. for some steel—I was to buy forty feet, or as much as 16s. would purchase—I had two crowns, two half-crowns, and one shilling—when I got to the yard I saw King—I told him I wanted about forty feet of two-and-a-half, No. 3, for cart-springs—he said, "Very well;" and he got the steel I suppose, for Young came afterwards and said, "Here is the steel"—he was not present when I asked for it—I paid the 16s. I had with me—Young was not present when I paid it—King went round by the scale—I was not taken into any counting-house—I had no bill-of-parcels—I
was stopped by the police—I told Where I got the steel, and described the parties.
Cross-examined. Q. What weight of steel did you buy? A. I do not know—I told them I wanted forty feet—King told me it was 16s.—Young brought the steel down—I asked if there were forty feet—he said, "Yes"—I do not know whether steel is sold by weight—I said nothing about weight.
FREDERICK MOSER . I am clerk to Messrs. Richard Moser and Son, of Vauxhall. The two prisoners were porters in our service—it is their duty to look out the steel for customers and weigh it, and bring the weight into the counting-house—they have no right to deliver any without going to the counting-house, and giving the weight to the clerk, who would tell what it came to, and he would take the money—Young bad been in our employ about eighteen months, and King more than seven years—they knew perfectly well what the custom Was—I was at the counting-house that day during the timé of this sale—I did not receive any money for this forty feet of steel—it would have been their duty to have come to me before the steel left the premises—this steel weighs 1cwt. 4lbs.—the value of it would have been 25 s . 8d.—there must have been about forty feet of it—I was present when Edwards pointed out King as the man to whom he paid the 16s.—King denied it—I afterwards searched our own premises with the constable, and found 18s. on a shelf near the scales—there were amongst it two crowns, two half-crowns, and three shillings—Young was given into custody—I asked if he had served any one with steel—he said he had not, nor had he seen any one for steel—Edwards pointed out Young at the station-house, and then he said, "Oh, I recollect, Master Frederick, I did serve the men with steel; I quite forgot it when you asked me before"—there is a board kept in the yard—it would be the duty of any one who sold steel to enter it on that board—this is the board—there is no entry on it, of this steel.
Cross-examined. Q. Is it usual to give bills of parcels? A., For ready money we sometimes give bills and sometimes not—I know the steel called No. 3—I do not know the weight—it is not sold per foot—we sell it by weight—it might be about half-past six o'clock when we got the men one by one into the counting-house—I was in the way from four till six—this took place about ten minutes before six—King had 30s. a week—Young, I believe, had 25s.—they have not authority to sell supposing I am not in the way—they have not authority to receive money—their place was to serve a man with steel, and bring the weight into the counting-house—if they had served a man with steel, and received the money, and not come into the counting-house for a quarter of an hour or twenty minutes, I should have considered it wrong—they had no right to receive money.
COURT. Q. Would Young have no right to fetch the steel at King's bidding? A. Yes, and weigh it, he should have taken the weight to the counting-house—we have always somebody in the counting-house—the board is a check on the counting-house book—they put down the weight on the board, not the money—no steel has a right to go out of the yard without being weighed—Young has repeatedly written on the board,
COURT. Q. How is the weight given in to the clerk? A. By word of mouth—if King or Young had said to the clerk, "I have sold such a quantity," he would have taken their word—they would not know what it came to—they do not know the price of steel.
YOUNG— NOT GUILTY .
KING— GUILTY . Aged 29.— Confined Six Months.
204. JOHN MILLARD , and JOHN PHILLIPS , were indicted for stealing 36 candlesticks, value 12l.; 2 liqueur-frames, 5l.10s.; 6 cruet-frames, 7l. 15s.; 8 tea-pots, 5l.; 3 cream-jugs, 7s.; 2 mugs, 6s.; 6 toast-racks, 30s.; 8 bottle-stands, 1l. 12s.; 1 basket, 1l.; 1 egg-cup frame, 2l. 6s.; 1 toy-frame, 11s.; 6 pair of snuffers and trays, 3l.; 6 pair of nut-crackers, 7s.; 48 spoons, 30s.; and 1 coffee-pot, 8s.; the goods of James Allport: and that Phillips had been before convicted of felony; to which
MILLARD pleaded GUILTY . Aged 42.
PHILLIPS pleaded GUILTY . Aged 27.
Before Mr. Common Sergeant,
ANN SKELTON . My husband's name is Charles. On the 21st of Nov., about a quarter to twelve o'clock, I was in my parlour, heard a noise in the shop, and saw the prisoner trying to escape from behind the counter—I came forward, and took hold of his arm—he had a mahogany money-box in his hand, which had been taken out of the till—it was the money-box, and contained shillings, sixpences, and groats, which were my husband's property.
Prisoner's Defence, I merely went into the shop, and saw the box where she took it from when she came into the shop; I never had it.
GUILTY . Aged 17.— Confined Three Months ,
JOHN DENNIS . I am a leather-dresser, and live in West-street, Walworth. On the 24th of Nov., between twelve and one o'clock, I was in the New Kent-road, going home, and met the prisoner—she said, "Where are you going?"—I said, "I am going home"—I was close against a door, and was forced into a house—I think the door was ajar—I had had a little drink, but was sober enough to know what I was doing—when I got into the house there was another woman there besides the prisoner—I am sure she is one of them—they both began to rummage my pockets—I had a purse containing five or six shillings—I am quite sure I had it safe five minutes before I was pulled into the house—they took the purse out of my pocket, stripped the coat from my back, and forced me into the street—I called "Police!"—a policeman came, and I gave the prisoner in charge.
HENRY POYLE (policeman.) I heard a cry of "Police!" I went to the place, and found Dennis standing in his shirt sleeves—I knocked at the door, but could gain no admission—I forced it open, and found the prisoner in the house—Dennis charged her with having rummaged his pockets, and taken his coat from his back—she said she certainly took the coat, but did not intend to keep it, and denied all knowledge of the money—I found no purse on her—I found the coat folded up on the bed up stairs.
Prisoner's Defence. I was in the house when he came to the door with a prostitute; he asked if he could have a room? I said, "Yes;" he then threw sixpence on the table; I fetched some gin; when I came back he said he would have us both; we went up into the bed-room with him, and he left his coat with us for half-a-crown a piece, but he went to bed with her; when he came down he said he would have his coat, or he would swear a robbery against us.
NOT GUILTY .
ROBERT WEATHERHEAD . I am a corn-chandler—the prisoner was my errand-boy—about the 11th of Nov. I gave him three shillings, and desired him to go to Mr. Russell, of King-street, Southwark, to fetch some oatmeal—he never returned.
Prisoner's Defence. I slipped down, and the money rolled out of my hand into a ditch.
GUILTY.* Aged 14.— Confined Three Months ,
ADJOURNED TO MONDAY, THE 14TH OF DECEMBER, 1846.