CENTRAL CRIMINAL COURT.
SECOND SESSION, HELD DECEMBER 14TH, 1846.
MINUTES OF EVIDENCE,
Taken in Short-hand by
GEORGE HEBERT, CHEAPSIDE.
TYLER & REED, PRINTERS, BOLT COURT, FLEET-STREET.
On the Queen's Commission of the Peace,
OYER AND TERMINER, AND GAOL DELIVERY
The City of London,
AND GAOL DELIVERY FOR THE
COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION
CENTRAL CRIMINAL COURT,
Held on Monday, 14th December, 1846, and following Days.
Before the Right Hon. SIR GEORGE CARROLL , Knt., LORD MAYOR of the City of London; Sir John Pateson, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Robert Monsey Rolfe, Knt., one of the Barons of Her Majesty's Court of Exchequer; Charles Farebrother, Esq.; Sir Chapman Marshall, Knt.; and Michael Gibbs, Esq.; Aldermen of the said City: the Hon. Charles Ewan Law, Recorder of the said City; Sir James Duke, Knt.; Thomas Farncorab, Esq.; and Thomas Sydney, Esq.; Aldermen of the said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARROLL, MAYOR. SECOND SESSION
A star (*) denote, that prisoners, have been, previously in custody-Two star (**) that they hate been more than once in custody—An obelistk (†) that they are known to be the associates, of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, December 14th, 1846.
NOT GUILTY .
MR. BALLANTINE conducted the Prosecution.
THOMAS STIFF I am a job-master, and live in Quebec-mews., Portmansquare. I know a man named Rose, and had a transaction, with him respecting a horse, about a week before the present transaction—on the 6th of Oct. he called on me, and said he knew of a horse for a sale in the hands of a publican in Oxford-street; that the gentleman was in embarrassed circumstances, in a lock-up house; that it was to be sold, as Mr. Brown had advanced 30l. on it, and was to receive 10s. a week for the interest of the money—he said the horse was worth 60l. or 70l.—I accompanied him in a chaise of his, to Brown's, the Three Tons. public-house, Oxford-street—he called at the door, and went round—Mr. Brown met. us at his back door, and ordered his man to bring out a horse, which was produced, and trotted up and down the mews—Rose said it was as fine an animal as he had seen for many a day; and, provided he had the moneym he would purchase it himelf—I think Brown heard that—we were all together—I did not agree to buy it then—Rose took me home—he called repeatedly afterwards, and said, "Delays, are dangerous"—that was the second time we met—I said I could not think of buying a horse of a gentleman in difficulties, as I should not be safe; I should like to see the gentleman—Brown sad his servant was there very frequently; he would see if he was there now, but he was not—I told Brown I could not think of buying it until he made it his own—on the 19th of Oct. Rose called again, and said Mr. Brown had a letter from the gentleman; he had made the horse his own, and they had come to an understanding to that effect—in consequence of that, I accompanied Rose to Brown's, and saw him, had some conversation with him, and he handed me over this letter—(read)—"Portugal-street. Oct. 9, 1846. Sir,—In answer to yours last evening, the proposition you make respecting the business between
us, the money you advanced on my horse, which is 30l., with expenses going on. I gave 80l. for him in May last; but under circumstances I now stand in, if you will make it up now 40l. I am sure he will fetch 60l. When sold, as he is one of the best horses that can be drove, as I have drove him twelve miles within the hour often, which you can recommend him to anybody. If you like to comply with this proposition, you shall take the horse for 40l., with an understanding by allowing me half what he fetches above 40l., with the expenses deducted. Your obedient servant, G. A. SMITH. To Mr. John Brown, 429, Oxford-street."—On reading that I agreed to purchase the horse—I had agreed to buy two pairs of wheels—Brown put in the wheels and horse at forty-five guineas—the horse was 40l.—I paid 45l.—I left a deposit of two sovereigns—Brown wrote this receipt for that on the back of the letter—(read)—I paid the remainder on the 21st—the horse was taken to my yard by Mr. Brown's pot-boy—they would not allow anybody else to take it there—I came home about an hour after, and it stood in the stall with other horses—next day I took him out to have a little exereise, and found him a rank roarer, and very much broken-winded—I went to Brown's in the afternoon, and found him and Rose there—I told Brown the fault of the horse, being such a bad roarer—he said, "I will come down and at you to-morrow"—we stopped there some time—Brown came down next day and when the horse was rode up and down, he said, "I never heard such a roarer in my life"—he said he would call next day, and arrange matters with me, and not to do anything until he called; but he never called at all.
Cross-examined by MR. CLARKSON. Q. I believe you called on him by this indictment? A. No—I am a job-master, and have been so ever since I left service, twenty-three years—I had been connected with horses long before that—I had known Rose some time about the town, but never dealt with him until then—I did not know that this was Rose's horse—I did not say long before I paid the 2l. that I saw very plainly the horse was a roarer, but did not cut for that; nor that it was cheap at 45l., and if it was a roarer I knew how to get rid of him—it was a good-looking horse—it would not have been worth 100 guineas to me, if it had been sound; I should say about 40l. at this time of the year—it was a dull time—they are cheaper, when there is nothing to do—Brown did not tell me he would not warrant the horse, because he was not a judge of horses, and that I had better call in a veterinary surgeon—I have bought a good many horses at Mr. Harbour's—Hart came down and made a communication to me—I did not give Hart any money for his evidence, nor promise him any—he did not tell me he was determined to ruin Rose, because he had not had his regulars, nor anything of the sort—I found out that day that the horse was a roarer—I did not drink gin and water with Brown after that—I was too much concerned about the horse—I did not want a letter from Smith that I might get rid of the horse—that was reported, but I would sooner shoot it than do so—it is now at my stable—I have not shot it, because it is not mine—I have kept it there eight weeks—it has not done any work—I would not give 3l. for it.
MR. BALLANTINE. Q. Is it fit to do anything? A. No—I would not take any person in with such a horse—I knew Smith was a fictitious person when I drank beer with Brown, as I had made inquiries—he gave me the letter on the 19th—he was to keep the horse till the 22nd, if required, but I paid the owner on the 21st—I found there was no Smith in Portugal-street almost directly Prescott saw the horse.
JAMES HARY . I live in North-street, Manchester-square. I know the horse in question, and have known it these ten weeks or more—I remember its being sold to Stiff—I knew it before that, in possession of Brown—he sold
it before that to Mr. Folino, in Finsbury-circus—Rose wanted me to go to that gentleman, and represent myself as servant to a gentleman ia trouble—I went, saw the coachman, and told him there was a very nice horse for sale—I did not go as the servant—I did not know but that the horse was purely sound at the time—Mr. Folino's servant bought the horse—I saw it brought back afterwards—the servant told Brown he was a rank roarer, not worth 7l.—Brown did not take it back then—he told me afterwards he had given 20l. back and taken the horse back again—it was sold for thirty guineas—a few days after I saw Brown and Rose together—they wanted to sell the horse again—he said he had seen Mr. Stiff, but he did not like the idea of baying it, because they could not make it their own; they agreed to have a letter written, and on that pretence they were to get the prisoner Reynolds, because he was a good writer, to write one—both Brown and Rose said so—Reynolds came soon after, and they went up stairs—they were gone, I suppose, an hour—Reynolds then came down by himself, and said to me, "I have been writing a letter for Brown respecting this horse—a few minutes after I heard Brown call to William, the pot-boy, "I want you to take this letter to Lincoln's Inn-fields, to pat it into the post"—I called at the house next day, and Brown presented me with this letter—he asked me to read it—it is the letter produced—he said, "Hart, I think that will do that will fetch him"—I said, "Perhaps it may."
Cross-examined by MR. CLARKSON Q. Pray how do you get your living? A. By work—I am a coachman—I have been driving Count St. Aulaire, the French ambassador, this season—I always follow an honest employment, as honest as I can—I had heard of Stiff before this—I had heard something of him, and where he lived—I spoke to him about this about three weeks after.
Q. Did you expect to receive anything? A. I wanted my money from Brown for the first sale of the horse—I got a guinea advanced out of the first thirty guineas—I was asked to go as a servant—I did not go as a servant, but I went and told them the horse was for sale—I was to have had my part for that—it was 3l. 5s. divided into three parts—I was to have 1l. 1s. 8d.,—it was agreed that I should have my share—I never said I had not got my regulars, and be d—d if I would not ruin Brown—I did not know it was Rose's horse—I did not have any view of the horse at all—I did not say I ought to have 2l. to keep my tongue quiet, and would rain him if I did not—I never said I was sorry for Brown and Reynolds, but that Rose waa the rogue—I do not recollect anything of the kind—I did not say Rote had bellied me and done me out of my share, nor anything of the kind—he blackguarded me—I drove Mrs. Collins, of Manchester-square, for eight months, before I drove the Count—I never practised fortune-telling, nor said I was a fortune-teller, in the slack months.
Cross-examined by MR. PARRY Q. Who composed this letter originally? A. I do not know—I knew nothing of it till it was shown to me next day—(looking at two papers)—these are not my handwriting—I can write—I have been a coachman twenty-six or twenty-seven years, and have been a cheesemonger and publican, nothing else—I get jobs from anybody like Mr. Stiff—I have been on day-jobs lately—I do not know that I can say when I last had a job—I have had one within four or five months, and have some little independence in the country—it is quite immaterial how much; more than 20l. a-year, and under 50l.
Q. Did you represent yourself to Prescott as a gentleman's groom, having a horse to sell? A. I did not—I told him I knew a party named Rose who
had a horse to sell—I do not know that Reynolds lodged at Brown's public-house—I have seen him there.
GEORGE PRESCOTT I am in the service of Mr. Folino, of Finsbury-circus. I have seen a horse at Stiff's stables—I was present when my master bought that horse and paid thirty guineas for it—we did not know he was a roarer at that time—he bought it of Brown, who said it was the property of a gentleman in difficulties—I saw Rose there, but he was not there at that time—Brown never said Rose was the gentleman in difficulties—two hours after we got it home it was returned—I would not give 3l. for it—I took it to Brown's on the 25th of Sept., told him it was not what he represented it to be, a sound horse, and I would not give 7l. for it—he said, "Oh, I will give 15l. for him directly"—I ultimately agreed to take 20l. back—I sacrificed 11l., and returned the horse.
Cross-examined by MR. PARKY Q. Did Hart come to you about this horse? A. Yes—he did not say he was a gentleman's servant.
(The prisoner Brown received a good character.)
BROWN— GUILTY Aged 48.— Confined Six Months.
ROSE— NOT GUILTY
GUILTY — Confined Two Mouths.
OLD COURT.—Tuesday, Decemember 15th, 1846.
Second Jury, before Mr. Recorder.
GUILTY Aged 22.— Transported for Seven Years.
GUILTY Aged 18.— Confined One Year.
JOAN FOULGER (City police-constable, No. 89.) The prisoner was a constable in our force, and lived at the station. Things having been repeatedly taken from the officers' lockers, on the morning of the 2nd of Dec. I hid myself in the area adjoining the kitchen, and watched the prisoner—I saw him force open locker No. 3, belonging to Morty O'Sullivan—he took nothing out, but went to a locker of George Douglas, and forced that open with a knife, but, hearing footsteps, he closed it again, opened it again, and took out a loaf of bread, cut off two slices, and put it into his own locker—he then went to O'Sullivan's locker, opened it, cut off a slice of bacon, and put that into his own locker—he then went to his own locker, and began eating the bacon and bread—I went in, said I had been watching him, and he must come up to the charge-room—he said, "Me, what do you mean?"—I took him up to the inspector, and he admitted he had done it—this is the bread and the bacon—there are as many as forty officers at the station—each has a locker, and a separate key to it.
Cross-examined by MR. PATNE Q. Was not what he said, "I admit I did cut it off?" A. He said, "I admit I did take it," or, "did cut it off," I will not swear which—he has been in the force ten or eleven months—he has been on night duty all the time I believe—he went on duty at nine o'clock at night, and returned off duty at six o'clock in the morning—he was eating the bread and bacon at the time I went to him—I do not know that it has been a practice among the men to take each other's things, and then if anybody said they had lost anything to laugh at them, and say, "You should have taken better care of it"—there had been trifling things missed before the prisoner came into the Moor-lane station, but not so many as since—there was part of a breast of mutton in the prisoner's locker on the day I took him—it might be half-a-pound, not more—there was no bread there—I have heard the prisoner say he had lost things—I do not recollect hearing him complain of having lost a brash—I have heard him say somebody had taken his slippers, nothing else—the men do not take each other's things without the other's leave—I will swear the men were not in the habit of making free with each other's things to my knowledge—I was sitting in the area, looking through the windows—there was an iron grating at the top of the window, but there was no iron bars between me and the prisoner, nothing but the glass,
GEORGE DOUGLAS (City police-constable, No. 134.) On the 2nd of Dec. I had part of a quartern loaf in my locker—I had cut off two pieces when I went on duty the night previous—I put it in my locker and forgot to take it—I have seen the piece of bread found on the prisoner, and am able to my it formed part of the bread I left in my locker—I tried the piece he had cut off with the two pieces I had cut off the night before, and they fitted exactly—I had not, in any way, authorized the prisoner to go to my locker—It has been matter of complaint that things have been taken from the lockers but it was not treated as a joke—there were too many things taken for that
Cross-examined. Q. Do you mean to swear the men did not constantly complain of little things being gone, and the men laughed and said they ought to have taken better care? A. I do not know bat what I have, and of great things, such as boots and handkerchiefs—I heard these complaints before the prisoner came there—I do not know that the prisoner complained of losing a pair of slippers—if he had come and asked me I would have given him more bread than that—it was early in the morning to buy things.
MORTY O'SULLIVAN (City police-constable, No. 611.) My locker is No. 3—I had some bacon there—I marked it with a penknife—I crossed it—I found that mark on the bacon found on the prisoner—I did not leave the locker locked—it has a spring lock—I closed it down, but did not lock it—it could be opened with a knife.
Cross-examined. Q. What mark did you make on the bacon? A. I crossed it with a pen-knife—I did not care for the value of it—I have heard complaints of frivolous things being stolen—the men laughed and said, "You should take better care of it"—I should not think a halfpenny worth of bread, and 2d. worth of bacon more than a joke—ours is rather hungry work when al! night on duty.
(The prisoner received an excellent character.)
214. JOSEPH JUDD was indicted for stealing at St. James', Clerkenwell, 1 handkerchief, value 2s., 100 sovereigns, and 60 half-sovereigns, the property of Charles Marlborough, in the dwelling-house of Thomas Philpott.
MR. BALLANTINE conducted the Prosecution,
CHARLES MARLBOROUGH . I am an egg salesman, and live in Woodbridge-street, Clerkenwell. I have known the prisoner about four years—for eigh. teen months previous to this robbery he had been living in the same room with me, and occupying the same bed—he had three boxes there, and I had two, in one of which I had nearly 200l. in gold and silver—the prisoner had been out of a situation for two years—I know he was in want of money by frequently leading him money, and he did a little work for me when I was very ill—I had lent him small sums—on the 11th of Nov., about seven o'clock in the morning, we both went out together—he was able to get into the room without me—I returned about nine o'clock at night, found the door of my room unlocked, and my box broken open—the prisoner knew which box I kept my money in—the underneath box, which my clothes were in, was not touched—two of the prisoner's boxes were apparently broken open—I missed 130l. in sovereigns and half-sovereigns—the rest of the money was on one side of the box untouched—there was a till on one side of the box with a bag of silver in it, about 70l. altogether—that was untouched—the prisoner knew where the money was kept—I sent for the prisoner—he came to me—I said, "Joseph, somebody has broken open our boxes; your boxes are broken open, and they have taken all my money"—he flew to his box which was on the floor, and said, "Thank God I am not robbed!" and then he said, "They have robbed me of 3l. or 4l., my coat, two black silk waistcoats, and a watch and guard"—we both went to the station to give an account of the robbery—we came back together—I said, "Joseph, I have lost all; it appears you have lost none"—he said, "Yes, I have lost nearly 4l. in money, and my silver watch, silver guard, two coats, and two waistcoats"—one or two of the policemen said to me, "Do not you suspect your friend?"—I said in his presence, "I do not think he could be guilty of it"—the policemen suggested that I should ask him—I asked him how much money he had got—he said he did not know, and pulled out 38l., in gold, and I saw a bright new half-sovereign among it—I immediately recognized the half-sovereign, and gave him in charge—he had 38l. 10s. in his pocket—I had sometimes lent him a sovereign, sometimes 10.—the last I lent him was six weeks or two months ago—there was a yellow handkerchief taken from my box—the prisoner's clothes and his watch were found wrapped up in it on the roof of the house—I went to the prisoner in prison with my solicitor, in consequence of a communication from his wife—he said, "Charles, if you do not prosecute me, on Thursday you shall have every farthing of your money"—I said, "Speak to my solicitor; 1 cannot hold out any promise"—he took hold of Mr. Wakeling's hand and said, "I have hid the money in a bag in the loft"—I have searched the loft, and cannot find the money.
Cross-examined by MR. PRENDERGAST. Q. Have not you heard from him that he had some money left him by a relation? A. He told me only 8l. or 9l.,—I did not boast to everybody that I had 130l.—my master knew it, and the men besides—I work at Mr. Le Mere's, the egg merchant's—I have 18s. a week—I had money before I went there—I was in a wholesale potato-ware-house—I kept a large establishment then, and I paid sixty guineas rent—I left that on account of the dilapidations of the house—the lease was left me by my father's will—I had to make them good within two months—they amounted to 250l., and I gave up the lease—I staid in it seven years after my father's death—they were willing for me to go out—I left the potatoe shop about nins years ago—I was not very poor when I went to Mr. Le Mere—I did not profess to be so—I had three suits of clothes—I never paid half-a-crown a week to any attorney on account of any action that was brought against me—I have lived at Le Mere's eight years—the men knew 1 had money, but not to
what amount—I spoke to a friend about putting my money into the Bank—he said he would get me five per cent, on it, but I delayed it too long, being always engaged in business—when I was ill the prisoner used to come to clean my horse and stable—my employment at Le Mere's was to go out with the cart to sell eggs—there was a stated price for me to get—I had the surplus for myself—that was allowed by my master—I go round to the ready-money customers, and have got more ready-money customers than any man in his employ—my master never found fault with my accounts—I gave him the names of the parties, and used to go to the ready-money ones every day—I mention the price 1 sell the articles at on a paper, which I deliver in—I am not bound to give him all the money which I get from the tomers—not more than is stated—I take my master between 200l. and ✗? *. a week—sometimes I make nothing at all by them—I got the 130 sovereign by keeping them—when I got a sovereign I put it away—I made it a habi to put away 10s. a week if 1 could—when I had silver I have taken 10l. over to the public-house and got sovereigns for it—my sovereigns were all bright—I have taken 16l. or 17l. a day—I have chosen new sovereigns out of what I have taken—the prisoner sent his wife to me from the prison—he asked me if I got my money back if I would prosecute him—I said I could not hold out any promise—he knew I had a solicitor, because he appeared the same day at the office—he did not tell me he had only mentioned this to get out of prison; and he did not know anything about it—I did not say in his presence I could not find the money—I went with the policeman to his wife—I did not know that he was a married man till his boxes were searched—we found a marriage certificate and his wife's wedding-dress in the box—the policeman took possession of a considerable quantity of articles—he said it was what he had bought the day before—I had no directions from the Magistrate to go there—the prisoner was examined three times before the Magistrate—I believe the things were taken before the Magistrate.
MR. BALLANTINE. Q. How long ago is it you heard the prisoner had a legacy left him? A. Last Aug. twelve months—I have lent him money since that—I have not taken a single farthing from my master—he is perfectly aware of the mode in which 1 carried oa the business, and the money I took—I put the money in the box in small sums at a time—I have been saving it eleven years—I recollect about three months before the prisoner was going into the country on business—he said nothing about having money—no articles were taken from the prisoner's wife at all—the policeman took some articles on his own responsibility—the prisoner worked at my place two or three days a week—I paid him for it—I have sometimes given him 7s. a week and sometimes nothing at all.
THOMAS PHILPOTT . I live at No. 3, Woodbridge-street, in the parish of St. James, Clerken well. On the 11th of Nov., about one o'clock in the day, the prisoner came home and went up stairs—in the evening Marlborough returned, and called my attention to his having been robbed—I went up into his room with him, found two boxes broken, and the beading wrenched off one of the prisoner's boxes—I sent my daughter for the prisoner—he came, went to his box, took the keys from his pocket, took out a rosewood box with some gold, wrapped up in a bit of paper, and put it into his pocket, making some remark—between twelve and one o'clock the same night my daughter showed me a bundle, and showed me a place on the roof of the shop at the back of the house—nobody could get there but through my house—the bundle contained two coats, a silk waistcoat, and a watch—I saw the prisoner given in charge—he was counting his money over in his hand, and I took a half-sovereign out of his hand—Marlborough said, "That is mme"—I held
it so that he should not see it distinctly, before he told me what marks there I were on it—he told me it was as if it was bit on the edge—I looked at it, and I seeing it was very much battered I gave it him—it answered the description I he gave of it.
Cross-examined. Q. How long have you known the prisoner lodging in that house? A. Eight or nine months—I thought him a very steady, sober, industrious young man—if anybody had told me he would be guilty of such I a thing I should have thought it was not so.
cross-examined. Q. Were these things on the top of the house? A. I Nkeiover✗ the shop—we always used to dry the clothes there—the clothes had ✗beoci✗ hanging there all day—the bundle contained a watch andl two coats and waistcoats of the prisoner's—you cannot get on to the leads of the next house, because there is a high wall, about the height of the first floor room—the first floor room leads on to the leads—if you get over the high wall you can get on to the top of the next house.
COURT. Q. There is no outlet beyond the leads?. A. No, you cannot get to the leads from any other house without a ladder—the wall is as high as this Court, above the leads—the door of the leads is on the first floor stairs.
HENRY BEVERLEY WAKELING . I am solicitor for the prosecution. From a communication made to me, I went on the 14th of Nov. to the prisoner at the prison—he seemed very much distressed when he saw me—he went up to Marlborough, took him by the hand, and said something to him, and finished by saying the money was up in the loft—Marlborough said, "That is my solicitor; you must speak to him"—I said, "My name is Wakeling, I am the prosecutor's solicitor; anything you have to say, you can"—he said, "I suppose if I tell you where the money is, you will not prosecute me"—I said, "I shall make you no promise whatever, it is out of the question; but if you tell where the money is, no doubt it will conduce to your benefit"—from what he said to me, I made a search, but found nothing.
Cross-examined. Q. It is not usual to go to prisoners without their desire? A. This was a large sum of money, and Marlborough said he wished he could get it—he could not get to the prisoner at a moment'i notice without the assistance of a solicitor—I told the gaoler I was the solicitor for the prosecution, and told the deputy gaoler the purport of my visit.
WILLIAM PENNY (police-inspector.) On the 11th of Nov., at ten o'clock at night, Marlborough, the prisoner, and Philpott came to the station, and gave me information about the robbery—Marlborough said some one had entered the street-door and the bed-room by a false key, broke his box open, and taken 130l. in gold out of it—the prisoner said his box was broken open, and a silver watch, coat, two pairs of black trowsers, a black satin waistcoat, and nearly 4l. in money were taken—I went to the room, and found Marlborough, the prisoner, Philpott, and Rolls there—Marlborough showed me his box, and said, "They have not taken it all; here is 40l. or 50l. left"—the prisoner said, "Look here, Mr. Penny, they have taken all my clothes, and nearly 4l. in money; but, thank God, they have not taken it all, for here is 4l. here:
I have been out of work two years: it would be a bad job if they had."
Cross-examined. Q. 40l. was left in the box? A. Yes, it was in silver and gold mixed together—I did not count it.
JOHN ARCHER (police-constable.) I went to the prisoner's wife's residence, and brought away a quantity of sheets, lable-cloths, and other things—I found they had been purchased by the prisoner a lew days before.
Cross-examined. Q. Some one told you so? A. I have got the person here who he bought thera of—I brought away some knives and spoons—I did not take his wife's wedding-dress, or any books—the things were aot claimed by his wife or sister—she said he requested. her to buy them—the knives cost 1l., and the calico 2l. 13s.—here is a bill of them.
GUILTY . Aged 22.— Confined Two Months.
NEW COURT.—Tuesday, December 5th 1846.
Sixth Jury, Before Mr. Common Sergeant.
GUILTY . Aged 28.— Confined Two Months.
GUILTY . Aged 18.— Confined Two Months.
GUILTY . Aged 22.— Confined One Year.
GUILTY . Aged 25.— Confined Six Months.
219. JAMES EAST was indicted for stealing 121bs. weight of rags, value 1s.; 21lbs. weight of netting, 4s.; 1 iron wedge, 6d.; the goods of William Manning and 1 smock-frock, 6s.; the goods of Stephen Gooding Tappenden; to which he pleaded
GUILTY . Aged 16.— Confined Three Months.
GUILTY . Aged 23.—Recommended to Mercy.— Confined Two Months.
GUILTY . Aged 32.— Confined Four Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES BLOCK . I am a butcher, and live in London-terrace, Hackney-road. On Sunday morning, the 6th of Dec, the prisoner came to my shop for a piece of pork, which came to 2s. 4d.—she paid me half-a-crown—I gave her two ld. pieces in change, and directly she was gone I looked at the half-crown, and saw it was bad—I went to the door, but could not see her—I put the half-crown by itself, and it remained locked up till I gave it to the
policeman—on the Tuesday evening the prisoner came again, and bought a mutton chop, which cost 3 1/2 d.—she gave me a shilling—I looked at it, and told her it was bad, and that she had given me a bad half-crown on the Sunday morning—I kept her till the officer came, and gave him the shilling and half-crown.
RICHARD AFPLETON . I am servant to Mr. Lake, baker, No. 76, Hackney, road, about fifty doors from Mr. Block's, on the other side of the way. On Tuesday evening, the 8th of Dec, the prisoner came, about twenty minutes past eight, for a 2d. cottage loaf—I served her—she gave me a bad shilling—I bit it in half—I gave her one half and kept the other, which I gave to the officer—the prisoner then gave me a good half-crown—I gave her the change, and she left.
WILLIAM TROTT . I am shopman to Mr. Winterbank, a grocer, of Londonterrace. On Tuesday evening, the 8th of Dec, about half-past eight, the prisoner came for half a pound of currants, which came to 3 1/2 d.—she gave me a bad shilling—I bent it and gave it her back—she gave me a good shilling, and left.
JABEZ HEFFER (police-constable N 255.) I took the prisoner on the 8th of Dec. at Mr. Block's—I got from her this half-crown and shilling—I got this half shilling at Mr. Lake's—the prisoner was searched—there was only a good shilling found on her.
MR. JOHN FIELD . I am inspector of coin to the Royal Mint—this halfcrown and shilling are both counterfeit—this part of a shilling is counterfeit, and appears to have been cast in the same mould with the other shilling.
GUILTY . Aged 22.— Confined Six Months.
ANN BOSTON . I am the wife of Joseph Boston, who keeps the George, in Dudley-street, St. Giles's. On Friday, the 27th of Nov., about twelve o'clock in the day, the prisoner came for half-a-pint of beer—he gave me a sixpence—I gave him 5d. change, and he went away—I put it into the tillthere was no other silver in the place I put it in—after he left I looked at the sixpence—I found it where I had placed it—I found it was bad, and put it into a vase on the mantel-shelf—it remained there till I gave it to the constable—the prisoner came in that evening for 1 1/2 d. worth of rum—he gave me another sixpence—I found it was bad—I told him so, and that was the second time he had been that day—he offered to give me a good sixpence, if I would let him go—I refused, and sent for the officer, who took him—I gave him the two sixpences.
COURT. Q. Did any one else pay any sixpence, that you could have mixed them? A. No.
Prisoner. A woman came in and gave her a shilling, and she gave her a sixpence and 2d., the woman went out for an hour and a half, and brought the sixpence back. Witness. Not on that day.
Prisoner's Defence. When I went in the evening I chucked a sixpence; it fell down; this lady took it up and said it fell into a quart measure, and said I gave her a bad one.
GUILTY . Aged 19.— Confined Six Months.
MR. BALLANTINE conducted the Prosecution,
AUSTRIAN JOSEPH BENJAMIN WEBB . I live at No. 17, Little Lant-street, Borough. On the 24th of Nov. I was in Charterhouse-square—I sometimes employ myself in looking after persons whom I suppose to be suspicious, and I get my expenses—I was tried myself nine years and a half ago, and the last time eight years ago—on the 24th of Nov. I followed three persons to Charterhouse-square—while there I saw a wagon belonging to Chaplin and Home, driven by the prisoner—I had seen him before—I saw only one wagon there, and a green cart with a very poor bay horse—there were three persons in the cart—I saw the prisoner stoop, and remove a bale from the wagon—he put it over the tail-board into the cart, and the three persons drove off with the cart—one drove, the other two sat down—they drove down Charterhouse-lane into St. John-street—this was about five o'clock, as near as I can guess—it was dusk—the lamps were lighted—there was a lamp about two yards further on from head of the horse that was in the wagon—I spoke to a policeman—I asked him for a constable of the name of Storey—he raid he could not tell me where he was, he believed he was at the Sessions—I found Storey on the Thursday, and told him.
Cross-examined by MR. HUDDLESTONE. Q. Did you tell the first policeman what vou had seen? A. No, nor what I wanted.
COURT. Q. HOW was that? A. He seemed to be rather "off-handish" in the answers he made to me, in regard to Storey.
MR. HUDDLESTONE. Q. What was the number of that policeman? A. I do not know—I had been watching the three persons for four hours—I had not spoken to any policeman in that time—there might have been one or two passing, but I did not see them—I looked for one, and for four hours I did not see one—I have had the name of Austrian a long while—I had it the last time 1 was here—I believe I was then cross-examined by Mr. Ballantine—I gave the name of Joseph Webb at the Mansion-house—that was the name I was tried by—I was in the other Court the Sessions before the last, a witness against Fletcher and Maddox—I swore I saw them against the side door of a house—the Jury acquitted them—I believe Mr. Ballantine defended them—I had never been a witness with Storey before—I looked out for him—he has been a friend to me—I thought I would put a job in his hand—I have been unfortunate once, for obtaining a coat under false pretences—it was asserted that I stole it—I was twice tried, and convicted, and what of that?—I pleaded guilty to the cases—I was only tried twice, and summarily convicted once—it was through my not giving information to a policeman, and he took me on suspicion—I pleaded guilty to the offences, and I was guilty of them—I was summarily convicted once, on suspicion—that was through being in bad company—I did not plead guilty to that—I am a brush-maker—when I have no work at my trade I do porter's work—if you doubt my word, you may inquire at Palmer and Frankish's, in the Borough—I have never left off my trade of watching suspicious persons.
MR. BALLANTINE. Q. You say you pleaded guilty on wwo occasions? A. I did, once for obtaining a coat, and the other was for being in company with three others in stealing a watch—I have since then seen several of those persons I knew in my former life—I have assisted the officers to hunt after those persons when I see them.
silk, about two feet wide, and eighteen or twenty inches thick, with the address on it, "J. H. Machu, Twister's-alley, Bunhill-row"—it contained 1641bs. of thrown silk, worth more than 100l.
ARTHUR STANBURY . I am in the employ of the South Western Railway Company. On the 23rd of Nov. a trass arrived directed to Mr. Machu, and was delivered on the 24th to the prisoner—he came with one of Chaplin and Home's vans—it was placed about the centre of the van—I told him it was silk—it was the only truss of silk there was—I cannot say how many other parcels were delivered to him—I ticked them off in the book—the prisoner drove a van with four wheels, drawn by a pair of horses, or sometimes three horses—here is the book—the articles entrusted to him are all ticked off by me—it turned out that there were more articles than his van would convey, and some are erased—he had about thirty or forty articles—this was the only truss he had—these articles that are written against went by another cart—these in pencil were what were given him.
JURY. Q. Is it customary with you to deliver the parcels in the order they are to be delivered? A. The clerks to Chaplin and Home do that as nearly as they can.
Cross-examined. Q. But they leave it to the person who drives to go which way he likes? A. Yes, he is supposed to know the route better than the clerks—when I give the prisoner any article of value I give him a caution—I said, "This is a truss of silk."
WILLIAM RICHES . I am clerk to William Adolphus Chaplin, and Mr. Home—the prisoner was in their employ—Mr. Stanbury gave him a quantity of goods on the 24th of Nov.—I recollect his coming back that day—he came into my office and said, "I have met with a bad job"—I asked what he meant—he said he had lost a truss—(John Fry had gone out with him)—I said I did not understand that talk, and desired him to send Fry to me directly—he did not send him directly—I went out and saw him in conversation with Fry—I seized Fry by the arm and desired to know what the prisoner said to him—after that I had the prisoner into my office again, and said, "I find hy looking at the book it was Machu's truss of silk"—he said he did not know what it was, he did not know it was silk—(the delivery-book would show him at what places he was to call)—he mentioned all the places where he had been, which I took down in writing—there was no place in the neighbourhood of Bunhill-row that he had to go to, nearer than Chiswell-street, or Featherstone-street—he had been sent to Machu's before, on two occasions—it said on the delivery-ticket, "One truss of silk."
Cross-examined. Q. Did the prisoner come to you from Pickford and Co.'s? A. Yes, with a character.
JOHN FRY . I am a porter in the employ of Messrs. Chaplin and Home. On the 24th of Nov. it was my duty to go with a wagon driven by the prisoner to the Nine Elms station—we took in several packages there—I recollect a bale with silk, which was put in the bottom of the wagon in the centre—when I saw it there was nothing on the top of it—we had no bales like it in the wagon—we came from Nine Elms over London-bridge to St. Swithin s-Jane and delivered six casks of beer, from there to Bishopsgate-street, and delivered something, and from there to Ratcliffe-highway—we had our dinners there—we came back in the direction of Charterhouse-square—I think we went into Finsbury-square—we went into Chiswell-street and delivered two hampers at a chemist's shop there, and from there we went to Charterhouse-square—I do not know whether we had been in the City-road—when we got near Charterhouse-square the prisoner said he had left his book in the chemist's shop, and sent me back for it—I was gone about half-an-hour—the
wagon was then stopping in Charterhouse-square—when I got back I found the prisoner round to the left, leading into Charterhouse-lane, standing still with the wagon—the last time I saw the bale of silk was in Bishopsgate-street—when I got to the prisoner in Charterhouse-square he did not say anything to me about having lost anything—we went on towards Bunhill-row—we went back to Smithfield, but I cannot say which way we went to Bunhill-row—when we got to Twister's-alley he got down off a box, and asked me to give trim the truss out—he had been driving—we had then about a dozen things left—I found the truss was gone—I told him I could not find it—he jumped off the wagon and said, "It is lost or dropped off"—it could not have dropped off from where it was in the wagon—he did not go back to look for it, nor send me—we did not go back any part of the way where we had-been, to see where it had been dropped—we went on into Smithfield—the prisoner delivered nothing in Charterhouse-square—he got off when we were at the chemist's shop, and I helped him in with the hampers—I left him in the chemist's shop and joined the wagon.
Cross-examined. Q. What number did you stop at in Charterhouse-square? A. No. 4, to deliver a chest, but we did not leave it there—he said he had left his book—I did not see any horse and cart in the square—the prisoner bad been driving in front of the van—he sat on a box, and drove with reins—I found the book at the chemist's—when I came back with it the prisoner went to Twister's-alley—that is not very far from Charterhouse-square—I know it is a populous place—when we got there I said there was no truss, and he jumped off and came and looked—he had been waiting in Charterhouse-square about half an hour.
JURY. Q. Did you ride with him? A. I rode behind—I never took notice of the truss after I was in Bishopsgate-street.
MR. BALLANTINE. Q. I see by this-book that there was a chest to have been delivered in Charterhouse-square; was it when he got to Charteihouse-square he said he missed his book? A. Yes, it was in connection with the chest to be delivered—after I brought back the book the chest was not delivered—he drove off—the chest was in his possession—he took it home again—he had not told me at that time that he had missed this bale.
GEORGE HENRY WILLIAMS . I am assistant to Mr. Shirtliff, a chemist in Chiswell-street—on the 24th of Nov. the prisoner came to our shop, I think about five or half-past five o'clock—he delivered two hampers and gave a book to be signed—it was signed in my presence by Mr. Shirtliff, and, to the best of my recollection it was handed to the prisoner—I noticed he left it on the counter, and I said, "Hoy" at the top of my voice—he was then four or five yards from me—Mr. Shirtliff had called him previously, but not in a loud voice—I shouted out once—no man with the sense of hearing could have failed to hear me—I had heard him talking to Mr. Shirtliff—he appeared to hear very well then—he took no notice of my shouting—the boy afterwards returned for the book.
Cross-examined. Q. Are you a friend of Webb's? A. No; I know very little of him—about six months ago I bought a hat where he was porter in the Borough.
NOT GUILTY .
WILLIAM JOSEPH DARLING . I am shopman to Ebenezer Howard, a poulterer, in Leadenhall-market. On the 5th of Dec., about half-past eight o'clock, I watched the prisoner—he had the basket, which the policeman has now, hanging on his shoulder—he looked through our shop, and drew four fowls off the board—he put them into the basket, put it on his shoulder, and walked away.
Cross-examined by MR. PAYNE. Q. Were you not attending to a customer? A. I was, and said to the customer, "Did you see that man?"—I swear I saw him take the fowls, and put them into his basket—he had a hat on, and a velvet coat—he did not say that he did not put them into his basket, but they were in it—he said before the Lord Mayor that he went into the shop to inquire the price of fowls of Mr. Howard, and when he came out these fowls were in his basket—I am quite sure I am not mistaken in the prisoner—I had seen him two hours before, and watched him—at the time he took them he looked through the shop, and up the stall—I saw his features as plainly as I can see you.
GUILTY .*† Aged 24.— Transported for Seven Years.
JOHN ARNOLD . I saw my apron safe three weeks ago, and missed it—the prisoner lived in the same place with me—she was there before I was—I have been there seven months—she slept in the next room to me—I did not give notice of this loss—I thought it was burnt, as there was a fire there—I told my master.
Cross-examined by MR. PAYNE. Q. What do you know the apron by? A. By the mark "J. A. 1"—I had it last in my bed-room.
Cross-examined. Q. Where was the prisoner when you opened the box? A. I believe she was in this gaol—I believe Mr. Cope handed the key to Mr. Gray.
NOT GUILTY .
227. ANN RICHARDS was again indicted for stealing 23 glass bottles, value 3s. 10d.; 9 pints of wine, 18s.; 12 pints of brandy, 1l. 11s.; 6 pints of gin, 7s.; 4 pints of rum, 6s.; 1 pint of whiskey, 1s. 9d.; 1 1/2lbs. weight of cigars, 1l.; 1 table-cloth, 2s.; and 1 towel, 6d.; the goods of John Gurton; and that she had been previously convicted of felony.
JOHN GURTON . I keep the Red Horse public-house, in Old Bond-street; the prisoner has lived in my service since the 31st of Aug. On Monday, the 25th of Nov., from what had been intimated to me, I went into her bed-room—I found her coming out of the room door with a bottle of port wine—I asked how she got it—she said she had had it some time—I opened the top drawer in the bureau, and found a stone bottle of gin, which she said her uncle gave her—I said, "I must search your boxes"—she begged noe not to do so—I called my lad to fetch a policeman, and we searched, and found coffee, sugar, and cigars in her box, in which the apron was found—the
bed was in a very confused state—I turned down the bed, and between the bed and mattress we found seven bottles of port, nine of brandy, a stone bottle containing rum, three bottles of gin, and some whisky—I have examined all those bottles, and, to the best of my belief, they are mine—the bottle of port wine I could positively swear was mine—the brandy corresponds with a quantity that was missed from eighteen gallons that was in my cellar—the rum and gin I believe to be mine, and the cigars—this table-cloth is mine—this was found in her box, and one of my glass-cloths, which has got the mark on it—she had no business with any of them.
Cross-examined by MR. PAYNE. Q. When did you take the prisoner into your employ? A. I took her of my predecessor, when I took the house on the 31st of Aug.—I found these bottles between the bed and the mattress, and one stone bottle of gin in the drawer, which held between a quart and three pints—no one had access to this bed-room but her—during the time I have been in the house she has always locked the door of her room—it was never left open—I am generally at home—I have always found it locked, and so has my wife—these things could not have been taken at one time—the bottle of port I can swear to as having been in my stock on the night I took possession of the house—it has been in my stock since the 31st of Aug—I can swear I saw, it and I missed this bottle within a fortnight after I was in the house—I know it by the seal, and can positively swear none of them were ever sold—these cloths were locked in her box that we got the key of from Mr. Cope—she was not there when we found the cloths—I went to the station the morning she was taken, and told the inspector I thought the boxes had not been sufficiently looked over, and we got the key to look—I know it was her box—she had access to it, and no one else—I had no other servant—her box contained property not only of Arnold's, but of her former employer—I never heard she was going to be married at Christmas—no one paid his addresses to her, to my knowledge—I had not a good character with her—Mr. Newton told me if she could get sugar or tea she would, and Mrs. Newton had found her OK several occasions at her tea-canister—I said, "If that is the only thing, I can get over that; we will not leave it about"
JOHN BARTRAM WOOD (police-sergeant E 24.) I produce a certificate of the prisoner's former conviction, by the name of Mary Ann Richards—(read.) GUILTY , but not of the previous conviction. Aged 29.— Confined
EDWARD MATTHEWS . I am servant to Mr. John Rathbone, a surgeon, of Webb's County-terrace, New Kent-road. On Saturday morning, the 5th of Dec, about eight o'clock, I was in Newgate-street with my master's chaise, and his cloak was in it—I left it and went to buy some chesnuts—I saw the cloak was gone from the chaise, and I saw it going across the road, under the prisoner's arm—I caught hold of him and said it was my master's—he gave it me, and said it was quite right.
Prisoner's Defence. It was given me by some man, I do not know who. GUILTY . Aged 28.— Confined Three Months.
JOSEPH JOHNSON . I live at Uxbridge, and am a carrier. Nash was in my service—I gave him directions, on the 1st of Dec, to take a load to London—he had no business to take any hay with him—he had a nose-bag for each horse, containing beans, bran, and chaff—the hay that is here I believe to be mine—four bushels of beans, bran, and chaff have been found—Nash had no business with anv of that—the other man who took the van on had sufficient for the horses—Nash had two horses, and had no right to have more than half a bushel for each nose-bag and one bushel beside—he had two bushels more than was allowed.
Cross-examined by MR. ROBINSON. Q. Who gives out this hay and mixture? A. Pocock—he is not here—Nash has been in my service nearly four months.
JOHN VAGG (police-constable T 111.) At a quarter before three o'clock, on the morning of the 2nd of Dec, I was on duty at Uxbridge—I saw Mr. Johnson's van pass with two horses, and a large quantity of hay on the top of it—Briscoe was driving—I asked him how long they were going to be out—he said they were coming back at twelve o'clock at night—I said, "You have got a great deal of hay for two horses"—he said, "We have no bait"—I looked under the van, and saw three nose-bags—I said, "Who is going with you?"—he said, "Nash"—I followed the van to the Green Man, about a quarter of a mile—Nash did not come—I turned back and met him—I said to him, "Where are you off to to-night?"—he said, "To London"—I asked when he was to return—he said, at twelve o'clock at night—I then went to Mr. Johnson's, and from what he said I went and overtook Nash, driving, at Hillingdon Heath, two miles from Uxbridge—I asked him where he got the truss of hay from—he said out of his master's yard—I said I had seen Mr. Johnson—he said, "There it is, thank God I have not parted with it"
Cross-examined. Q. When you came up again were Nash and Briscoe together? A. Briscoe was lying on the front of the wagon—part of the hay was at the back and part in front.
WILLIAM BEECHEY (police-constable T 182.) I searched the van, and found four bushels of beans, bran, and chaff, in a sack of Mr. Johnson's—I asked Nash how he came to do it—he said he took the truss of hay for his horses, seeing it was a good one, and about the corn he said he had taken rather too much.
NASH— GUILTY . Aged 37.—Recommended to mercy by the Jury and Prosecutor. Confined Two Months.
BRISCOE— NOT GUILTY .
CATHERINE NIXON . I am the wife of Charles Nixon; we live at Fulham. The prisoner was in my service since Oct. last—I missed a sheet and umbrella—I inquired of the prisoner—she told me she thought she had left the sheet at the mangler's, and said she would make inquiries—it did not come, and I sent for the mangler woman—the prisoner then cried, and said she had pawned the sheet and the umbrella, and she gave me the duplicates—she had no right to pawn either one or the other.
GUILTY . Aged 23.—Recommended to mercy by the Prosecutor. Confined Two Months.
JAMES FINNIS . I am assistant to a printer in Cornhill. On the 29th of Nov. I was at Levy's elothes exchange—I had a watch with me—I saw the prisoner's hand move from my pocket—I instantly took hold of him, and a witness saw the watch in his hand—there were half a doeen people about that he might have passed it to.
Cross-examined by MR. PRENDERGAST. Q. What day was this? A. On Sunday—I happened to come through the market—the market was quite full—there were about half a dozen people about, at the time he took the watch—I swear I saw his hand go from my pocket—I laid hold of him myself—he walked about two yards and then looked round—he did not run—he said, "I have not got it"—he did not say he had not bad it—there was another person taken up about five minutes afterwards, for rescuing the prisoner from me and Barney Aarons—my watch was fixed to a guard that went round my neck and came through my waistcoat—the guard was sufficiently secure—I cannot say whether the guard was cut or broken—I did not feel any pull as if it were broken.
EDWARD MACKLIN . I am a plumber, and live in Charlotte-street, Bagnigge-welis-road. About twelve o'clock on the 29th of Nov., I saw the prisoner with a watch in his hand—there was a bit of string or a guard of some sort attached to it—the prosecutor was close behind me—the prisoner ran past me, and I saw him show this watch to some lads—the prosecutor rushed past me and said, " I am after my property"—I said, "What is it?"—he said, "That is the person that has got my watch."
Cross-examined. Q. How came you there? A. I was therefor the express purpose of buying my cousin a coat—I have not seen him since—he asked me on the Saturday to buy him a coat—we do not go there to buy new coats—I went with him down to Levy's clothes exchange—he did not buy a coat, through this confusion—he is a boot-maker.
COURT. Q. Are you sure you saw the watch in the prisoner's hand? A. I swear I saw it—I saw it plain enough to tell that it was a double-cased hunting watch.
232. SUSAN BRILL was indicted for stealing 13 rings, value 3l.; 1 box, 1s.; 9 brooches, 2l.; part of a guard-chain, 1l.; 1 ear-piercer, 3s.; 1 pair of ear-drops, 2s. 6d.; the goods of Joseph Auton Reiche.
JOSEPH AUTON REICHE . I am a travelling watch and dock maker. On the 17th of Nov. I was in Harefield parish—I had a clock, and a box with brooches and other things in it—I called at the prisoner's house to receive some money for a clock—it was to be 1l. 18s.—she had paid me 10s. and a ring—she could not make the payment good—I gave the money and the ring back, and took the clock—I left my box behind me, containing the property stated—I went back the next morning and asked her for it—she said she never saw the box, then she said she saw it, but that 1 had put it in my pocket—a part of the property has been found—this ring is not mine—it is what I gave her back when I took the clock—these three rings and this brooch I can swear to—they were safe in the box I left at her house, and they are mine.
Cross-examined by MR. BALLANTINE. Q. Did you take the clock down?
A. After I gave her the money, and then she locked the door—I took the clock out when she opened the door—the clock was worth 1l. 18s.—I travel with watches and clocks—I was not drunk that day—I had been drinking, but a pint does not make me drunk—I remember all that took place—I was not disposed to pay some attention to the prisoner—I was not with her more than ten minutes—I believe she is married—she locked the door because she wanted to prevent me from taking the clock away—I had it in my hand, with the weights and pendulum—when she saw me touch the clock she locked the door—I tried to prevent her—the mark may be seen now on the door—when I touched the clock she went to the door and said, "You shall not go oat before ray husband comes home"—I had taken my box out to give her this ring out—I laid the box down and forgot to put it into my pocket.
FRANCIS GOUGH (police-sergeant T 24.) I went to the prisoner—I told her I had come to search for the box—I asked her if she had any duplicates—she said, "No"—I found nine duplicates in her work-box on the table—I went into an out-house and dug the ground about eighteen inches deep—I there found this box and these other things in it—she had before said she knew nothing about the box.
NOT GUILTY .
EDWARD SMITH GARDNER . I am a fish salesman at Billingsgate. On the 11th of Dec. I left seventy-eight soles in a basket on my form in the market—I missed them—I have seen them since, and believe them to be mine—this is the basket they were in.
Cross-examined by MR. PRENDERGAST. Q. These soles were quite fine? A. Yes—they were not exactly alive—they were of a very good quality—I did not see them taken—I had only one pad of soles—there were plenty of the same sort in different parts of the market.
LOUIS LA ROCHE . I am a dealer in fish. I received information and went after the prisoner—I saw him making as much haste as he could with a basket of soles—I took him—to the best of my knowledge this is the basket.
Cross-examined. Q. What do you call it? A. I believe it is a pot, Sir—there were plenty of people about with these pots—the prisoner was pointed out to me by Beaman.
Cross-examined. Q. What do you call it? A. A pot or a basket—it is called a pot because it has only one handle, a pad has two handles.
(The prisoner received a good character.)
GUILTY . Aged 20.—Recommended to mercy. Confined One Month.
was a copper of mine fixed in it—it was stolen—I have examined this copper—I believe it to be mine.
Cross-examined by MR. B ALLANTINE. Q. IS this the only copper you have fixed? A. I have fixed many others since—I have fitted this copper to the place it came from, and it fitted—there was morter hanging to the copper, and that morter fitted where it had been fixed—it drops in one part, and rises in another, and it exactly fitted the plaster round the copper.
THOMAS BURNE (police-constable F 223.) I went to watch the prosecutrix's house—I saw the copper safe on Thursday the 26th—the next evening I saw the prisoner and two others going towards the premises—I missed the copper, and that induced me to go to the prisoner's house—I knocked—he said, What do you want?"—I said, "The copper which you got at Fulham to night"—he said, "I have got no copper"—I said, "It is no use, Joe, I know all about it; you have got it; come down"—I found it in a bag in a back room in his house—I have fitted it to the place it came from—I am certain it fitted it.
Cross-examined. Q. Could he have taken the copper when you saw him going towards the house? A. Yes—I did not follow him—I was not on duty—it was by mere accident I saw him.
GUILTY.** Aged 44.— Confined Nine Months ,
AMOS COOPER . I live near Uxbridge. I had received two half-crowns on the 5th of Dec.—I was walking with them in my hand—I dropped one—a man named Bailey picked it up, and pitched it to the prisoner—he rubbed it in bis hand—I asked him for it—he said that would do for half-a-pint in the afternoon—I said I would go and tell my father—I went back, and the prisoner was gone—I went to his house for it—he said he had not got it, he had dropped it again—I am sure he went away with it.
Cross-examined by MR. DOANE. Q. Did you know Bailey? A. Yes—he was standing by—I knew him well—I was not throwing the half-crowns about—I took them out of my pocket, and held them in my hand—I did not toss them up—I was turning them over and over in my hand—I dropped one—Bailey picked it up first—I did not notice whether he laughed at me—he pitched it to the prisoner—I do not think I ever spoke to the prisoner before, but I knew him, and knew where he lived—my father lived about a quarter of a mile off—I went away for about two minutes, but did not go to him—when I came back the prisoner was gone, and Bailey also—I do not know whether they went together.
DANIEL SUDBURY (police-constable T 212.) I went to the prisoner's house—he said he had not got the half-crown; he never bad it after he threw it down—I found balf-a-crown, two sixpences, and four shillings, in his purse.
Cross-examined. Q. How long have you been at Uxbridge? A. Fourteen months—the prisoner has never been in custody since I have been there.
GUILTY . Aged 24.—Recommended to mercy by the Jury. Confined
Wilson-street, a builder. The prisoner was in his service—I took about 40lbs. of lead off a house, and took it to a smith's shop, about two o'clock, on the 30th of Nov.—it was gone about three o'clock—I have seen it since—I believe it to be the lead I left belonging to Mr. Burton.
Cross-examined by MR. PARNELL. Q. Whose house was it? A. Mr. Smith lives in it—we were to take the old lead up, and to replace it with new—I believe this piece would answer the purpose of being put back—I took it off the house myself.
smith's shop where this lead was left. I saw the prisoner go into the shop, and come out with a bundle under his arm.
Cross-examined. Q. Did you say it would be no use denying it? A. Yes, but to tell the truth, and get us all out of trouble, because a piece of lead had gone the week before—I did not say it would be better for him to tell, but if he would get it back it would get us all out of trouble; but that was about the new piece that went the week before.
COURT. Q. What do you mean by "us"? A. It would get us all out of trouble—he said it was impossible to get it back, it was in two pieces—I said, "If it is in fifty pieces get it back, it will get us all out of trouble"—he said, "Here is 2s., go and get it"—I said, "I don't know how to get it, you go and get it"—we went to Baker's shop, in Clare-market—Mrs. Faker said, "It is where you put it, go and take it"—this piece of lead was there.
GUILTY . Aged 42.— Confined Three Months.
237. WILLIAM WARNE LOWICK was indicted for embezzlement. CHARLES DAVID WALLER . I live in Bell-yard. The prisoner was in my service—I discharged him on the 21st of Nov.—if be received 14s. 6d. on the 22nd of April, and 2l. 3s. 4d. on the 9th of July, he has not paid it to me—it was his duty to pay it me on those days.
Cross-examined by MR. DOANE. Q. Used you to keep an entry? A. Yes, in a book which I have here—I have examined it, and swear there is no entry of his having paid me these sums—a better servant never came into a house—I have reason to believe he has got into this by dabbling in the Derbys—he admitted they had got him into a deficiency, but he expected some money, and he would make it good—I believe he had a good chance of coming into some money.
(The prisoner received a good character, and his master engaged to take him back into his service.)
GUILTY . Aged 27.—Recommended to mercy by the Jury.— Confined Two Days.
of Bishopsgate-street. On the 5th of Dec, at half-past nine o'clock at night, the prisoner came to our shop—I watched, and saw her take a hand of pork off the tray in the doorway—it weighed about 8lbs.—she got about a yard and a half—I followed, and took it from under her shawl—it was my master's.
Prisoner. I was going into the shop with the pork; I was not coming away with it. Witness. She had got a yard and a half from the door, and bad got it under her shawl—I could not find it at first.
GUILTY.* Aged 24.— Confined Eight Months.
MARY ANN TILL . I live with Sarah Spindler. The prisoner was her potman—she keeps a public-house—on the 28th of Nov. the prisoner asked me for 20s. to take to No. 29 on the terrace, meaning St. John's-terrace—I gave it him—he never returned with the sovereign or tho silver—he had borne a pretty good character up to this time.
Prisoner's Defence. It was thirty sixpences and five shillings that I had; I should like to pay it back again; I was drunk at the time; I got out and spent the money; I did not like to go back.
GUILTY . Aged 26.— Confined Six Days.
STEPHBN BROWN . I live in Park-street, Camden-town, and am a dairyman. The prisoner was in my employ—if she received money for me, she ought to have paid it on the afternoon she received it—if she received these three sums of 1s. 6d., 4s. 6d., and 1s. 9d. she has not paid them to me—she ought to have paid them on the days she received them.
Prisoner. I took 2s. at No. 29, Judd-street; I took it home and gave it to my mistress. Witness. I have a wife, but she never receives money on any account.
Prisoner. I was in great distress; I have two children, and have lost one; I asked my master to lend me 6s., and he would not; I paid the 1s. 9d.; I paid all but the 4s. 6d.; I had to sell my stockings to buy bread for my eldest child.
STEPHEN BROWN re-examined. She never asked me to lend her anything in her life—I have paid her more than her wages every week, and she took another man, and sold my old customers to him—we found her in the work-house a fortnight afterwards—she has lost one child, and has one living—she was applying for a pass to go to Ireland.
GUILTY .—Recommended to mercy by the Jury. Judgment Respited.
JAMES LIGHT (police-constable B 128.) On the 1st of Dec., at half-past five in the morning, I was watching the prisoner—he was in his master's stable—there was a cart with a number of sacks of coals in it—the prisoner
went into the coach-house—I heard him get on to the cart, and heard him morn. ing the coals and breaking them—he then came out and looked round about in Durham-mews, where the stable is—he went into his own house, and after setting the door open, he went with a candle into the stable, and brought out a sack on his back, containing 106lbs. of coals—I took him at his own house—he said, "For God's sake, master, forgive me!"—this is a part of the coals he had with him.
Cross-examined by MR. PAYNE. Q. Was this a dark morning? A. It was—I was obliged to use my ears, not my eyes—I heard him get into the cart, and beard the coals broken, but the prisoner came out in a minute or two—he went on his knees just inside his parlour, and said, "Don't take me!—dont't take me!"—his wife was there—she jumped out of bed—there was no one else there for several minutes—a policeman, named Batser, then came to the door, and then a female came down stairs—I swear the prisoner called me "Master"—I was in plain clothes—when he was before the Magistrate, he said these were not his master's coals, but some he got at another place, and put into his master's sack.
Cross-examined. Q. But you do not monopolise all the coals of one sort? A. No—he had been in my employ more than three months, I think.
GUILTY . Aged 22.—Recommended to mercy by the Prosecutor,— Confined
HENRY STANLEY. I am clerk to Mr. Marsham, of Bermondsey. On the 10th of Dec, at half-past ten o'clock, I was going down Thames-street—I felt a tug, and turned—I saw the prisoner walking away—I asked if he had my handkerchief—he said, "No"—I was told by Jones that he had thrown it into the truck—I took it out of the truck—this is it—it is mine.
GUILTY . Aged 15,— Confined Three Months ,
THOMAS LLOYD (City police-constable, No. 584.) About half-past ten o'clock, on the morning of the 1st of Dec, I saw the prisoner in Billingsgate-market in company with two others—I followed them from the end of Darkhouse-lane—I saw one of the others take this handkerchief out of a gentleman's pocket, and give it to the prisoner—I took the prisoner and the other man—they struggled to get away—I called a man to take the man who had taken the handkerchief—he struck him, and got away—I kept the prisoner—this is the handkerchief I saw taken—I do not know the gentleman.
Prisoner. Q. Why did you call another man to hold the other prisoner? Witness. Because I could not hold you both—I called him, and I saw the man strike him in the mouth, and get away.
Prisoner's Defence It was my own handkerchief; you took it from my pocket; it was half silk and half cotton, a very common handkerchief. GUILTY . Aged 20.— Confined Three Months.
JOHN WHITE I am a baker, and live at Kensington. The prisoner was in my service—it was his duty to receive money for me, and to pay it to me the same evening—if he received this 7s. 4d., 7s., and 7s. 6d., he has not paid me.
GUILTY .— Confined Nine Months.
OLD COURT.—Wednesday, December 16th., 1846.
GUILTY — Confined Two Months on each Count, in all Six Months.
246. JOHN WILLIAMSON was indicted for stealing, at Hammersmith, 1 leather trunk, value 5s.; 3 shawls, 2l.; 8 yards of silk, 25s.; and 2 gowns, 2l.; the goods of Richard Millward, in his dwelling-house.
WALTER ROBERT LEIGH (police-sergeant T 7.) I produce a pair of boots, three shawls, some silk, and two gowns, which I received from Mr. Millward—I took the prisoner into custody, and found four common keys in his pocket—he was standing near the bed in the prosecutor's first floor—I said, "Perhaps there are some keys in the bed"—I was about to move the clothes, but he put his hand slyly in, and took three more keys out; and under the bed, in the room where he was found, I found a skewer turned back to form a picklock key—I also found a picklock key—I examined the lock of a box, and found it had been attempted to be broken open, and the skewer had a scratch on it, as if it had come in contact with the lock of a trunk—the skewer was under the first floor bed, not in the room where the prisoner slept.
RICHARD MILLWARD . I am landlord of the White Bear public-house, King-street, in the parish of Hammersmith. On the 20th of Dec. the prisoner slept at my house—he was there next day, and was going to sleep there the next night—about half-past seven o'clock he went up stairs, to go to bed—in consequence of something, I went up stairs about three-quarters of an hour after him—I smelt some lucifer matches or sulphur, and went into the bed-room on the first floor, and saw the prisoner lying under the bed—he had no business in that room—he was to have slept a story above that—I gave a alarm, went and called somebody, and went back and found him on his own bed, as if asleep—he had only his jacket off—his eyes were elosed—he said nothing—I called sergeant Lee, the policeman, who came up stairs, and found the keys—I found a box of wearing-apparel dragged from under the piano-forte, in the first floor room—it was locked—I saw scratches on the lock; it shone, and was a little bright round the keyhole—the box contained a gown, shawl, and various articles belonging to my wife—the box was not carried out of the house, but moved from under the piano-forte to another part of the room—I am sure the things were in the box—they were worth 5l. altogether.
GUILTY* of stealing under the value of 5l. Aged 20.— Transported for
247. JOHN MURPHY was indicted for stealing 1 jacket, value 10s.; 1 pair of trowsers, 7s.; 1 pair of boots, 10s.; and 1 hat, 2s. 6d.; the goods of Michael Murphy:1 jacket, value 1l.; 1 pair of trowsers, 2s. 6d.; and 1 flannel shirt, 6d.; the goods of James Murphy; in a vessel in a port, &c.
MICHAEL MURPHY I am mate of the brig Ariel, lying in St. Katharine's Docks; the prisoner was employed on board, and was paid off on the Saturday previous. On the 7th of Dec, between four and five o'clock, he came ashore with me—before we got to the dock-gate he said he had left his jacket on board—(he had been working on board, but had left the ship for good)—I told him to go back and he did—I waited for him in a house outside the dock-gates—he came in about half an hour—about six o'clock I went on board the ship, and about eight I missed a jacket and trowsers of mine, and a jacket of another man—this jacket, trowsers, boots, and hat are mine—I had seen them safe about four o'clock the same day—I went after the prisoner, found him, and told him to give me the clothes he had taken—he said he had not taken them; he knew nothing about it—I gave him in charge.
JAMES MURPHY I was apprentice on board the Ariel. When the mate lost his clothes I looked at my chest, and missed a jacket, trowsers, and shirt—these are them—they were safe in my chest about four o'clock.
EDWARD STENS I am employed by Mr. Montague, a cloth-salesman, who lives opposite St. Katharine's Docks. On Monday night, the 7th of Dec, the prisoner came to me—I am quite certain it was him—I did not know him before—he said he was going to Liverpool, and asked me to let him leave a few things there—I said I had no objection—he bad a jacket on over his other things—he pulled the things produced off in the shop, and left them with me—I delivered them to the officer.
GUILTY . Aged 22.—Recommended to mercy by the Prosecutor and Jury,
Confined Two Months.
248. GEORGE PHILLIPS, alias Anderson , was indicted for stealing 1 mug, value 3l. 10s.; 7 spoons, 17s.; 2 sauce-ladles, 2l.10s.; and 2 salvers, 3l. 3s.; the goods of Francis Rose, his master; to which he pleaded
GUILTY . Aged 33.— Confined Twelve Months. (There was another indictment against the prisoner.)
Before Mr. Justice Patteson.
249. ABRAHAM DE FRECE was indicted for feloniously receiving 36 candlesticks, value 12l.; 3 liquor-frames, 5l. 10s.; 6 cruet-frames, 7l.15s.; 8 teapots, 5l.; 3 cream-jugs, 7s.; 2 mugs, 7s.; 6 toast-racks, 30s.; 8 bottle-stands, 1l.12s.; 1 basket, 1l.; 1 egg-cup-frame, 2s. 6d.; 1 soy-frame, 11s.; 6 pairs of snuffers and trays, 3l.; 6 pairs of nut-crackers, 17s.; 48 spoons, 30s.; and 1 coffee-pot, 8s.; the goods of James Allport; well knowing the same to have been stolen.
MESSRS, CLARKSON and BALLANTINE conducted the Prosecution.
HENRY ADKINS I am agent to James Allport, of Birmingham, and live in Thavies-inn, Holborn. On the 18th of Sept., while I was travelling, I received a letter from my wife—I went to town on Saturday, the 19th of Sept.—on the 21st a person named Millard, or Scott, came to my house—he said his name was Millard, and he wanted some goods; that he was going to open a shop in the Triangle at Camberwell—I said I would serve him if satisfied with his references—some conversation took place between us about his looking out goods—I ultimately agreed to let him have some goods—he referred me to Mr. Walker—I desired inquiries to be made, and was not satisfied with the reference—the goods were sent by my wife when I was away—I wrote to my wife about not parting with them without the money—this is the letter which I wrote—(this letter expressed the prosecutor's suspicions that Millard's
intentions were fraudulent, and directed the goods to be sold for cash, allowing 30 per cent, but not to be parted with on any other terms.)
JOHN TAGG . I am warehouseman to Mr. Adkins. On the 26th of Sept. I was sent by Mrs. Adkins to No. 10, Triangle, Camberwell—Mr. Adkin' son accompanied me—I had sixteen pairs of plated candlesticks, three plated liquor-frames, six plated cruet-stands, two plated tea-pots, six Britannia metal tea-pots, three cream-jugs, two plated mugs, six toast-racks, four pain of bottle-stands, a basket, egg-cup-frame, a soy frame, six snuffer-trays, six pain of snuffers, six pairs of nut-crackers, four dozen of spoons, and a Britannia-metal coffee-pot—I received directions from my mistress not to leave the goods without the money—I got to the Triangle about a quarter to eight o'clock—the time appointed was eight o'clock—the shop was shut all but the door-shutters—I knocked at the door two or three times, and waited about ten minutes, and then Phillips came—he acted as the servant of Millard—he said, "Do you want Mr. Millard?"—I said "Yes,"—he said, "I will fetch him"—he ran across the road, and presently Millard came by himself—he recognized me by just nodding his head—he was the person who had ordered the goods—I had seen him then—he went into No. 10, opened the door, and let me in—when I got into the shop there was nothing but the counter and the gas-fittings—I took the goods out of a cab, when he came in and deposited them in the shop—as I was taking them out of the bag, Millard said, "You seed not take them out of the bag"—I said, "Oh, yes, we had better take them out to see that they are right"—when I had taken out about half the things, my young master gave me a receipt stamp—I said, "I have brought a receipt, I can fill it up here"—Millard said, "Very well"—while I was taking out the goods, Phillips said, "Make haste and get them out, for he is going to pay the men, and you will be too late"—Millard said, "Come across, and I will pay you"—he took me over to a public-house—as I was going out I saw Phillips was going to stop behind, and said to my master's son, "You had better stay here till I come back"—when they found that, they said, "We will all go together"—we all came out together—Phillips locked the shop door—when we got to some distance, I looked round, and found Phillips was gone—I said to my master's son, "You had better go back"—he went back—I went on with Millard—I said, "I hope you are not going to take me far, as my time is precious"—he said, "Oh, no, it is only just here"—he did not say whom he was going to take me to—I did not hear him mention any name—we went into the parlour of the public-house—it was full of working men, carpenters and bricklayers, and then I thought it was all right, as if they were waiting to be paid—he offered me drink—I refused at first, but afterwards just tasted it—Millard was in and out two or three times, and said, "My relation will be here directly"—he went out—I waited about ten minutes—he did not come back—I asked at the bar where he was gone—I could not find him—I hastened back to the shop as quickly as possible, and saw my master's son, who could not get in—I could not get in—I went to the back of the house, got through the next door neighbour's, got into the shop, and all the goods were gone—I went over the house, and could not find anything in it, or any person—I did not see Millard or Phillips again till they were in custody—I remember Millard being at my master's shop the night before this Saturday, and heard Mrs. Adkins tell him he could not have any goods but what he paid for—he took up the invoice, and said, "What extra discount for cash?"—she told him five per cent.—(there was also twenty-five per cent. allowed to the trade)—the thirty per cent, was taken off the invoice—on that being done, I said, "Then you will pay me there and then, when I bring the goods?"—he said, "Yes"—it was agreed I should bring them next evening—I went to look for Mr. Walker, to whom he referred, but never could see him.
RICHARD DAVIS (police-constable P 55.) On the 21st of Oct. I took Millard and Phillips into custody—on the 24th of Oct., in consequence of information, I went to Bull's house, No. 5, Queen's Head-row, Newington, and found some of these articles there—from what I heard there, I went to Mr. Pyke's house, but did not find any articles there—from what he said, I went to the prisoner's, in Sandy's-row, Petticoat-lane—he had a shop there, in which were wearing apparel, and plated goods, and furniture, and other things—I asked him if he had purchased some plated goods of a person named Scott—(I had known Millard by that name)—he said he had, and had given 48l. for them, and had sold them to Pyke, and got a profit by them—he did not say how much—I asked if he sold the whole of them to Pyke, he said, " Yes"—he showed me this receipt—(read)—"Sept. 29, 1846. Received of Mr. De Frece the sum of 4l., for goods sold and delivered. JOHN SCOTT."—I asked him if he could show me his book—he said he could not till after seven o'clock, on account of its being his sabbath—(this was Saturday)—he said person named Gardener came to him, and told him where these goods were to be bought; that he gave Gardener something for his trouble—he did not say what—I did not take him into custody, but summoned him to give evience before the Magistrate, and he appeared—I believe he was not examined the first time—the prisoners were remanded—he attended again, and was examined, and ordered by the Magistrate to be charged with the other prisoners as a receiver.
Cross-examined by MR. BODKIN. Q. Did you go to his house in your police dress? A. No—I told him I was a police-officer as soon as I went into the house—Mr. Adkins was with me.
MAURICE JOHN PYKE . In Sept. I lived in Tenter-terrace, Good man's-fields—I had been a bankrupt before, and was without my certificate—I was a silversmith in business—early in Oct. I was in Sandy's-row, Petticoat-lane—I knew the prisoner—he kept a shop there—I passed by his shop about the middle of the day, and went in to see if he had anything to sell that would suit me—I saw him, and think I asked him the question—he said, "I think I have got' some things that will suit you"—he showed me a lot of plated goods—they were new goods, and were in the manufacturer's papers—there were some of the manufacturer's marks on the papers—there were sixteen pairs of plated candlesticks, two of them were odd; two pairs of plated liquor-frames, four plated cruet-stands, one soy-frame, a basket, four pairs of bottle-stands, one egg-frame, five snuffers-trays and snuffers, four nut-crackers, three metal tea-pots, two plated tea-pots, two or three dozen spoons, and six toast-racks, all new; at least they had never been used—after some time, I gave him 18l. in cash, and some goods, making together 21l. within a few shillings—the articles produced are them—next day I disposed of some of them to Mr. Bull, of Newington, and others to Mr. Herbert, of Brompton, and some to Mr. Grant, of Knightsbridge—a dozen of the spoons I sold to some stranger—a pair of snuffers and tray I sent to Yarmouth, but have got them back—I sold a pair of candlesticks—Mr. Adkins has got them back—I was in the habit of dealing in plated goods—the things I gave 21l. for were worth 21l. or 22l., not more than I gave for them—I am not generally in the habit of purchasing in Petticoat-lane—until I was a bankrupt I never bought things except of the manufacturers—after that I took to purchasing of respectable people wherever
I saw anything to suit me—I should say I have bought things at times at half their original cost, but not at half their value.
Cross-examined. Q. Were these things in the front shop? A. Yes, most of them were in the papers—they have since been taken off—they were exposed in the public shop—people who saw them would know they were plated goods—the door opens immediately out of the shop into the street—it has not an ordinary glazed front—it is open like a butcher's shop—I could see the goods, with other goods, in the shop before I went in.
MR. CLARKSON Q. How many of them were in their papers? A. There might have been two-thirds in the papers untied—the manufacturers' number was on them—I knew the number from having dealt with Messrs. Allport, who were my creditors—I had dealt with the prisoner for plated goods before—I bought a cruet-frame and a plated waiter-stand of him before.
COURT. Q. Were the goods found on your premises? A. No—I took them home, and after more than a week sent for Mr. Bull, who I bought them on speculation for—I sold them all except one pair of candlesticks.
CHARLES BULL I am a jeweller, and live in Queen's Head-row, Newington. On the 8th or 9th of Oct., about eleven o'clock in the morning, Pyke came to me—I went to his house with him, and looked at the things—I believe these to be the same—they were not in papers when I saw them—they were all undone—I bought two plated tea-pots, three cruet-frames, a soy-frame, a basket egg-frame, four pairs of bottle-stands, three pairs of snuffers and trays, four pairs of nut-crackers, three Britannia metal tea-spoons, one dozen and a half of plated spoons, five toast-racks, and thirteen pairs of candlesticks—the goods were not in paper when I saw them—I gave him in re-turn for them fine gold jewellery that cost me 32l. 11s.
Cross-examined. Q. You valued the jewellery at 32l.? A. It cost me 32l. twelve months ago—Pyke allowed me 21l. 10s. for them in exchange—the articles were valued at 21l.10s.—I consider that is a fair value in the state they were—they are not in an unsaleable condition, but not as they were when they first came from the warehouse—they are things which there is considerable loss on in selling.
MR. CLARKSON. Q. And therefore you bought them? A. Yes—this tea-pot is very much scratched.
The entry in the prisoner's book was as follows:—"John Scott, Sept. 29th, one lot of plated goods, with commission, 17l. 8s.' 6d".
HENRY JAMES WEEDON . I am in the employ of Francis George Herbert, of Queen's-buildings, Brompton—he bought two liquor-frames, a cruet-frame, a pair of snuffers and tray, and a pair of candlesticks, of Pyke, in my presence, and gave him 5l.10s. for them—we sold the candlesticks.
HENRY AOKINS re-examined. I have been agent to Mr. Allport rather more than two years. The invoice price of the goods is 71l. 2s.—we take off twenty-five per cent, to the trade, and five per cent, when the cash is paid, in all thirty per cent.—the value of the articles Pyke paid 21l. for would be about 40l.
Cross-examined. Q. I believe you have found part of the articles sold to Millard at other places, and which have not been produced? A. About seven guineas' worth—40l. is about the worth of the goods we traced
through Pyke's hands—that is the net price which we charge—the invoice price is 71l.—the articles have my marks on them.
JURY Q. When the goods were recovered were they in their original papers? A. Some were and some were not—I cannot say whether goods are often sold at a great reduction after they leave the maker—they sometimes fetch more at public auctions—unfortunately, goods are sold at a reduction in bankruptcy cases.
RICHARD DAVIS re-examined. When I received the goods Bull showed me some papers which they had come to his house in, with Mr. Allport's mark on them—Bull brought them to the police-court in the papers.
HENRY ADKINS re-examined. When I saw the goods at Bull's they were in as good condition as when they left our warehouse—they may now have become scratched and tarnished by being brought backwards and forwards.
(The prisoner received a good character.)
CHARLES GRIMSTONE, ESQ I am a lieutenant-captain in the Coldstream Guards. On the 26th of Nov. I was on guard at Buckingham Palace—I left my watch in the officers' guard-room at half-past seven o'clock at night—I left Dibbin, my servant, in the room—I returned to the room about eleven o'clock, and tne watch was gone—I have seen it since.
JAMES HADLEY I am a private in the Coldstream Guards. On the 26th of Nov., from eight o'clock at night till ten, I was sentry at Buckingham Palace at the guard-room door—between nine and ten o'clock the prisoner, who was drummer on duty, went into the guard-room—he came out in about five minutes—I saw nobody else go in or come out during that time.
THOMAS DIBBIN I am servant to Captain Grimstone. On the 26th of Nov. he went out before eight o'clock in the evening—his watch and money were on the table—I was there seven or eight minutes after he went, and left the watch and money on the table—the prisoner was in the room with me after master went away—I saw him down stairs—he went out before me—I followed him down stairs—the watch and money were safe then.
AMELIA ADAMS I know the prisoner—I remember his being taken into custody—he was with me for two nights the week before that, Saturday and Sunday—I cannot say the day of the month—on Friday evening he gave a young man a watch at the Prince Regent public-house, and asked him to pawn it—I saw no more of it.
THOMAS WALTON I am shopman to Mr. Bradley, a pawnbroker. I have a watch which was pawned for 4l. 10s. on the 27th of Nov., in the name of Thomas Wilson—I have had it ever since—I should know the person again.
DANIEL SUGG (police-sergeant H 17.) On the 1st of Dec., at half-past eight o'clock in the evening, I apprehended the prisoner—I told him I wanted him on suspicion of stealing his captain's watch and a sovereign from the guard-room—I did not make him any promise or threat—he said, "I will give myself up to you; I should have done so if you had not come for me"—going to the station he said, "They did not see me take it; they can only transport me"—I said, "Be careful what you say; do not say anything to injure yourself"—at the station the charge was read to him, and he was cautioned not to say anything to injure himself—he said, "I took the watch; I got into a cab, drove to the Prince Regent, Ratcliff-highway, and paid the cabman 10s.; on the following day I met a man at the Prince Regent, and
gave him the watch; he went out at the door, turned to the right, and was gone about half-an-hour, returned, and gave me 3l., and kept the ticket;" he gave a description of him, and I have been in search of him ever since, but cannot find him.
Prisoner. You say you took me; I was taken by one of the Grenadier Guards before you came into the house. Witness. I received information and went there, and the guardsman rushed into the house and said, "He is my prisoner, I will give him in charge to you"—it appears a reward has been offered which I new nothing of.
GUILTY Aged 23.— Confined One Year.
Before Mr. Baron Rolfe.
ANN CLEMENTSON I am the wife of William Clementson, a mason, of No. 4, Duck-lane, Westminster. I have known the prisoner by sight above two years, but have known nothing more of him—he came to my house last Sunday morning, between one and two o'clock, early in the morning—last Saturday was my youngest brother's birth-day—we were up—we had a few friends keeping the birth-day—the prisoner came and sat down in the back parlour—I asked what he wanted—he said, "Some beer"—I said it was public place to have beer or anything of that kind, and said, "You had better go out, my friend"—he called me several names—he went outside the door, and a young man named Hogan followed out after him—he was one of the party I had told to put him out—I shut the side door—the prisoner knocked the panel of the door through with a shovel while I was in the act of it, and after the panel came through he struck me with the shovel through the panel—I saw him strike me—the hole in the panel was about four inches wide or more—I saw him through the panel—he struck me with the shovel over the left temple—he made another attempt—Hogan took me into say shop—my head bled very much—the prisoner's brother and three or four more came in with him—I heard his brother say, "Here is the shovel, Denny, and give it to her,"using a very bad expression—I was taken to the Westminster Hospital—my head was dressed—I have been in very great pain—I can scarcely speak at times for the pain.
Prisoner. You told the Magistrate while you were shutting the door, they said, "Run for the shovel," now you say my brother gave it to me; she said it was not a place for beer; her mother sells beer and gin there every Saturday night. Witness. It is not true—he has an old grievance against me—my mother does not keep the house now, I do—I do not sell beer, I keep a shop.
JAMES HOGAN I was one of the party on Saturday evening or Sunday morning—about two o'clock, the prisoner came in with two more—he was desired to go out by Mrs. Clementson—he went towards the side door——she followed him, and I also—he went out—she shut the door—I stood behind her—there was an attack made on the door—it was broke in by a shovel, and after it was broke she was struck over the eye with the corner of the shovel by the prisoner—I saw that through the panel, as we had a light—I am quite sure the shovel was in his hand when he struck her over the head—I carried her into the shop, and heard the window smash up stairs—I ran up to the first floor window and saw the window was smashed in—a woman and her husband were up in a corner to get out of the way of the stones coming in at the window—I stood between the two windows till they left off throwing stones—I then rose up the window and saw the policeman coming up the
corner of the lane, and the prisoner and the others in the act of making their escape as soon as they saw the police—I jumped out of the first floor window, followed them about 300 yards, and collared the prisoner—he turned round and said, "You b—, what do you want?"—(he dropped the shovel about twenty yards before I collared him)—there was a woman along with them—I said, "I want you"—he said, "What for?"—I said, "For breaking these windows and hurting the woman"—he said, "You b—, I will fight you"—I thought the other two would return and pitch into me—I said, "Well, if you want fighting I dare say I must have you"—I said that to keep him in tow—we had one round—he struck me over the cheek—I caught him round the arms and held him till the policeman came up.
WILLIAM TURNER (policeman.) I heard a disturbance, went down the lane, and saw the prisoner scuffling with Hogan, who gave him in charge for striking a female with a shovel—Hogan afterwards brought a shovel to me.
Prisoner's Defence. I heard a young man was looking for me to get me a job; I went to the house to find a young man whom I expected to give me a job; the door was opened by Mrs. Clementson; there were words between a young man and her; he called her a name; her mother who was behind her snatched the pint-pot out of his hand, and said, "Don't call my daughter names;" she was going to strike him with the pot, and it struck the daughter in the eye; some young men came in; some of them had sticks and pokers; she got the shovel, which I know nothing of, and said I had struck her with it, but I never had it.
DENIS MURPHY . On Sunday morning last, between one and two o'clock, I and another man, named Thomas Gollagber, went into the prosecutrix's house, and called for a pint of beer, which she brought—the prisoner came in—she ran up to him directly, and said, "Give your orders"—we said, "He has given orders, he is drinking with us"—she said, "You shall not be here then"—we said, "We shall till we have drank our beer"—she said, "Jim, come and turn them out!"—he was one of her lodgers—the mother came and said, "I will split open one of your heads to-night!"—the other little fellow, Gollagher, said, "No you won't"——she said, "Won't I?" and took up the pint-pot to hit him, but hit her daughter on the bead—the daughter said, "Now you have done it"—the mother said, "Serve you right, you ought to get out of the way"—several others got round her—Gollagher had his eye almost pulled out of his head, and has the marks of it now—I wonder somebody was not killed—I saw no shovel—the prisoner and the other had a scuffle outside—I swear Lally never had a shovel in his hand—I did not see his brother there.
THOMAS GOLLAGHER I went to this woman's house with the last witness to get a pint of beer, as she sells beer on Saturday nights after the other houses are closed—we sat down before the fire—the prisoner came in—the prosecutrix said, "What are your orders?"—I said, "He has given his orders, he is drinking with me"—the mother snatched the pint-pot out of my hand, made a blow at me, and cut the daughter in the eye—she and her mother began bullying me, and tried to tear my eye out, and my face to pieces—the man who was with her began on me—I made the best of my way out of the house—I went home, and in the morning heard the prisoner was taken—I had no shovel—the prisoner had none—the house was full, and a fiddler playing.
MARY ANN GOLLAGHER I am the witnesss's sister. I went into Mrs. Hurley's, the prosecutrix's mother's house, to look for my husband—it is a most disorderly house—Mrs. Hurley said there was nobody there belonging to me, and shoved me along the passage, and said, "If you don't go out I will shove you out"—I said, "I will go if you do not push me," but the mother and daughter then pushed me out into the lane, and rushed on me in a most shameful manner—I went back afterwards—the witness went in, and we were having a pint of beer—she said, "Will you go out of my place?"—I said, "I will, if you will tell me whether my husband is in here"—she said, "You shan't stop here," and shoved me out—I looked in again, and saw the mother aiming a pint-pot at my brother, and she cut her daughter with it in the eye, and they have sworn falsely against the prisoner—I swear I saw her do it.
MR. WILDBOAR re-examined. The wound might hate been inflicted with the corner of a pint-pot.
NEW COURT.—Wednesday, December 16th, 1846.
Fifth Jury, before Mr. Common Sergeant.
GUILTY . Aged 13.— Confined Three Months.
GUILTY . Aged 15.— Confined Three Months.
254. FRANCIS MARK LYE was indicted for stealing 1 pair of boats, value 12s. 6d., the goods of William Downs Phipps, his master; and HENRY ROWLAND for feloniously receiving the same, well-knowing them to have been stolen; against the Statute, &c.; to which
LYE pleaded GUILTY Aged 17.—Recommended to mercy— Confined Six
ROWLAND pleaded GUILTY . Aged 17.— Confined Two Months.
WILLIAM BRITTON. I farm a little land at Hendon—the prisoner was my carter for about six months—I have known him six or seven years—it was his duty to receive money for me, and to pay it to me—if he received 2s. on the 17th of Nov., he never paid it me—I asked him for it that day—he said he had not got it—he did not pay me 4s. on the 21st—I asked him for it—he said when he got it he would pay me.
Cross-examined by MR. HOWORTH Q. On the 17th of Nov. did you direct him to bring any manure home? A. Yes—I told him if be received the money to bring home dung, hut I gave him 5s. before he started—he was to bring what he could—he brought home dung—I do not know whether the 5s. paid for the dung and his expenses—sometimes the dung comes to more than at others—on the 21st he did not bring anything home—on the Wednesday following he said he should not work any longer, and he would have his money—on the Saturday after the 21st I discovered that he had received this money—on the Monday after I saw him in the road—I did not speak to him—I
had not been drinking—that was the day he was taken—I told the policeman to ask him to pay him the 6s., and if not, to take him—I had asked him three times before for it—I was afraid to ask him on Monday morning, for fear he should knock me down—I never knew him do anything dishonest before.
COURT Q. Did you owe him any money? A. Yes, but I paid him 4s. 6d., the morning he left me.
WILLIAM THOMAS TURNER I did not pay the prisoner anything on the 17th of Nov.—I had not silver enough—I sent for change, and in the mean time he asked Mrs. Turner for 2s., but not in my presence—on the 21st he was paid 4s.—it was put on the bill—he said he applied for the other 4s., and that he had had 2s.—my son paid him the money.
GUILTY . Aged 19.—Recommended to mercy by the Jury.— Confined
LEWIS FACHE I live at No. 8, Hare-court, Aldersgate-street, and am an ivory-worker. On the night of the 6th of Dec. I was at the bottom of Snow-hill—the prisoners came and pinioned my arms, one on each side of me—as soon as I could extricate myself I put my hand to my pocket, and found I had lost six ivory tablets with pearl counters—I had felt them safe just before—there was another person with the prisoners.
Cross-examined by MR. HORRT Q. What time was it? A. A quarter after twelve o'clock—it was raining—I had my umbrella up—I had not been out with any friends—I was coming up the hill—this pinioning occurred all at once—they came behind me, and in a moment it was all over, and Jones ran away—Finlayson leaned over to me afterwards, and said, "I beg your pardon for running up against you"—I put my hand to my pocket, and saw Jones run away—I put ray umbrella down, and ran and caught him on this side of Hosier-lane—I could not identify the third person—I took Jones myself—I saw Finlayson—he was taken by the officer a few minutes afterwards—he followed, and I pointed him out to the officer—I ran after Jones about fifty yards, and took him facing Hosier-lane.
JURY Q. Did you ever lose sight of either of the prisoners? A. No, I swear to both of them.
JAMES NEW MAN (City police-constable, No. 288.) At a quarter past twelve o'clock that night I heard a cry of "Police!"—I saw Jones running, and the prosecutor after him—Finlayson was creeping along the side of the houses to make his escape—I took him—he refused to come to the station—there was nothing found on him.
cross-examined. Q. You saw him creeping along? A. Yes, going close along by the houses, looking round to see if I was coming—he was on the opposite side to where the prosecutor was—the prosecutor pointed him out—I followed him—he ran up into Smithfield.
THOMAS BROWN (City police-constable, No. 215.) I produce a certificate of the conviction of Jones by the name of William Berry at this Court—(read convicted 21st Oct., 1844, and confined one year)—the prisoner is the person.
(Finlayson received a good character.)
JONES— GUILTY . Aged 18.— Transported for Seven Years.
FINLAYSON— GUILTY . Aged 18.— Confined Nine Months.
258. CHARLES BARRELL was indicted for stealing 1 canvass bag, asked him value 3d.; 1 key, 1d.; 4 sovereigns, 2 half-sovereigns, 4 half-crowns, 6 shil-lings, and 2 sixpences; the property of Joseph Grove, from his person.
JOSEPH GROVE . About twelve o'clock at night, on the 12th of Dec, I hired a cab at Notting hill to drive me to the Coach and Horses at Ealing—the prisoner drove it—I had a canvass bag in my pocket, containing four sovereigns, two half-sovereigns, four half-crowns, six shillings, two sixpences, and a key—I am a carrier—that money belonged to me—I told the driver I should sleep all the way—I was tired and sleepy—I slept all the way—we got to the Coach and Horses at Ealing, the ostler came to the cab and awoke me up—I got out, and said, "Where is the cabman?"—he was gone in doors to have some coffee—I went in to pay him—I put my hand in my pocket, and missed my purse and money—I had nothing to pay him—I called him out, and accused him of robbing me—he said he had not—I said, "You have; I insist on having the cab and you searched by the policeman"—there was no policeman—the ostler brought a light and looked in the cab, but found nothing—I said, "Look again"—he did, and found nothing—the prisoner then looked in—I then called the ostler again, and he looked, and there was one sovereign, two half-sovereigns, and my key, under the straw—the policeman came up, I gave the prisoner in charge, and we all went to the station—the policeman searched the prisoner, and then the prisoner said, "Now search him," meaning me—he said, "I know his purse is about him"—I said, "I know it is not"—he searched me, and drew my purse out of my waistcoat pocket, which it had not been in before—I always carry it in my right-hand trowsers pocket—I said I would swear to the purse—they then searched the cab again, and found two more sovereigns behind the wadding of the cab, and then there was another sovereign found there.
Cross-examined by MS. HORRY. Q. The prisoner was in custody at this time? A. Yes—we all three were driven to the stations-house—the prisoner was not in custody when we first searched the cab—he was not in the cab—he stood outside with me—when the policeman came I gave him in charge—I had no woman in the cab—I told the driver in the public-house before we started, that if he saw a woman he might put her in—I said that in a joke—I had no one in the cab on the road down, to my knowledge—I was not tipsy—the prisoner said I had a woman in the cab, but I never saw one—I had been out late on business—I have to go a great many miles round—I had sent my cart home—I was sober—we had two glasses of gin and water at Notting-hill between four of us—of course I had a drop of beer with my dinner—I usually put up at the Oxford Arms—we did not get there till between twelve and one o'clock—I had been collecting all the rest of the day—I do not go much into public-houses.
WILLIAM NEWELL . I am ostler at the Coach and Horses. The prisoner came up there with the cab—I saw the prosecutor and awoke him—there was no woman in the cab—the cabman went in doors—the prosecutor got out and Went in to pay him—he came out again and said, "My money's gone"—the prisoner said, "I have not got your money; you told me to put a woman into the cab, she hasgot your money"—the prosecutor said, "You have got my money, or it is in the cab, I have had no woman"—I fetched a light and looked in the bottom of the cab, and on the two seats, and there was no money—I looked twice over—if there had been money or a key I should have seen it—I looked a third time, and there was a key—I took the mat up, and there were two half-sovereigns and one sovereign in the straw.
JURY. Q. Did the prisoner go to the cab after you searched it? A. Yes,
after I searched it the first two times—he could have put anything in the cab—he and the prosecutor stood by the cab-door—I was at a distance.
Cross-examined. Q. The prosecutor and prisoner were in the house? A. The prisoner was in, having a bason of coffee—the prosecutor called him out—the prisoner kept saying he had had a woman—the prosecutor denied it—I did not hear all that passed—the prosecutor told me in the first instance to go and search—he and the prisoner were together half an hour before the officer came—the prisoner did not offer to go away—he stood there disputing with the prosecutor.
BENJAMIN PAWLEY (police-constable T 158.) The prosecutor gave the prisoner into my charge—I searched the cab—I found three sovereigns, a shilling, and a 4d. piece behind the padding—it was very artfully concealed—I searched for a quarter of an hour, before I found it—the padding was not torn—it hung down in a sort of bag by the arm of the cab—it must have been put in—it is impossible it could have got in by itself.
THOMAS TURLES (police-constable T 22.) I was sergeant at the station. The prisoner told me to examine the prosecutor, which I did, and found this purse hanging out of his right-hand waistcoat pocket—the prosecutor appeared very much surprised. (The prisoner received a good character.)
GUILTY . Aged 27.— Confined One Year ,
ALEXANDER KENNEDY On the 1st of Dec. I had fifty-one firkins of butter—I sold them all but ten—they were marked with a diamond on the top and S. K. on the bottom—one of them was No. 40—I lost that one—it had S. K. on the bottom of it—I believe this to be the bottom of that cask.
Cross-examined by MR. PARNELL Q. Can you trace the mark? A., There was a mark more plain than it is now—No. 40 was not amongst those that were sold—it was one of the remaining ten—my brother is in partnership with me—this cask was in the warehouse in Denny's-buildings, Hounds-ditch—the prisoner bore a respectable character—I knew him by sight—I told the Lord Mayor I believed him to be an innocent young man, in his general character, but not innocent of this charge—I did not say if they would give me 2l. I did not wish to go further—his friends said it would be as well for me to be paid—I said I would not compromise it.
Cross-examined. Q. Was there no one there between five and one o'clock? A. No—there are two strong locks—the bolts of them were forced back—they certainly could not have broken them without strong instruments to do it in my opinion.
GEORGE PETTETT (City police-constable 641.) At a quarter past ten o'clock on the night of the 1st of Dec. I was on duty in Petticoat-lane. I saw the prisoner going under a lamp from Harrow-court with a firkin of butter on his shoulder—some man who was following him behind me called out, "Drop it, drop it"—the prisoner threw it down and ran—I sprang my rattle and ran—he fell and I took him—he said, "Pray don't take me, I am innocent"—a metropolitan policeman came up—I said to the prisoner, "What did you drop off your shoulder?"—he said, "I don't know anything about the butter, the butter did not belong to me"—I had not said anything about butter before that—I came back and found this bottom of the cask covered with butter a
short distance from where he dropped it—I did not lose sight of bun at all after he dropped it.
Cross-examined. Q. How long did it take altogether? A. Perhaps a, quarter of an hour—I was about ten yards from him at first—I thought it was a firkin of butter—I did not know what it was till he told me—I did not know him before—the other man called, "Drop it, drop it"—I called, "Stop thief"—there was no one passing but the prisoner and the other man—I was between the two—I could not take the prisoner before he dropped it.
Cross-examined. Q. What was the first you heard? A. I heard the constable ask the prisoner where he had the butter from—he said he knew nothing about it, no more than he did—the officer first asked what he dropped, and where he got the butter from—he said he did not know anything about the butter, nor did the butter belong to him.
(The prisoner received a good character.)
GUILTY . Aged 21.—Recommended to mercy by the Jury,— Confined Six Months.
SARAH JENNINGS . I am the wife of Robert Jennings, of No. 62 Cheap-side. On Monday, the 30th of Nov., about one o'clock, I had been with my daughter to Mr. Todd's, a cheesemonger, in St. Paul's Churchyard—I had a purse with two sixpences—I put them into my pocket in the shop, and went down Cheapside, home—a man spoke to me—I put my band into my pocket, and found my purse and sixpences were gone—the purse has not been found, but the sixpences have—one of them was very much worn and uneven—this it JOSEPH DALTON (City police-constable, No, 366.) I was in St. Paul's Churchyard that day—I saw the three prisoners there—I saw Smith try a lady's pocket at the corner of a pastry-cook's shop, and the other two were covering him—he then went in and bought a penny bun—they then went to Todd's—Smith looked in—the two ladies came out—Smith put his right hand into Mrs. Jennings's left-hand pocket, and they walked in that, way till they came to Friday-street—Gray was in front of the two ladies, and Williamson covered Smith—just as they came to the corner of Friday-street they all three left the ladies—I tapped Mrs. Jennings on the shoulder, and said, "Have you lost anything?"—she said, "Yes, my purse"—we followed the prisoners into Friday-street—I saw Smith give something to Williamson—I took Williamson, and found in his band these two sixpences—I do not know what became of the purse—I suppose it went down the grating.
Gray. Q. Did you see me? A. I did not notice you, till you were all three in Friday-street.
Gray's Defence, I had nothing to do with it; I was walking down Friday-street; the two boys came and pushed against me.
SMITH— GUILTY . Aged 13.
WILLIAMSON— GUILTY . Aged 18.
GRAY— GUILTY . Aged 18.
Confined Six Months.
261. ELIZABETH RUSSELL was indicted for stealing 2 1l. 4 yards of woollen cloth called angola, value 10s., the goods of Henry Bodman, her master; and MARY EVANS , for feloniously receiving the same, well knowing the same to have been stolen.
MR. PRENDERGAST conducted the Prosecution.
JOHN PULLING I am foreman to Mr. Henry Bodman, a tailor, of the Strand. Previous to the 24th of Nov. I missed a considerable quantity of property from the shop—Metcalf was in our employ—he is about fourteen years old-Russell was the domestic servant—on Wednesday, the 25th of Nov., I marked a piece of angola, and put it on the counter in the shop—it was there that evening—I missed it the next morning, the 26th—there were two yards and a quarter of it—this is it.
Cross-examined by MR. PARNELL Q. What is it made of? A. Wool—there may be a little cotton with it—they sometimes call it tweed, but angola is the proper name—Russell was maid-of-all-work—she sometimes had business in the shop, to wash it out—Metcalf usually brings his food with him, and has his tea in the kitchen.
THOMAS TICKNER (police-sergeant F 18.) I received directions to watch Mr. Bodman's premises—I went there on the evening of the 21st of Nov.—I saw Russell leave the premises between seven and eight o'clock—she went to Pitts'-place, Drury-lane—she met Evans just outside her door—they appeared on friendly terms—Russell said, "As I have got out, I thought I would run down and see you; where are you going to?"—they went from one place to another—they went to a butcher's shop, and remained in company some time—I saw them drink together, and saw them part after they came out of a public-house—I did not show myself to either of them—I was in plain drees—on the 26th of Nov. I went again to Mr. Bodman's—I followed Metcalf, who came out of Mr. Bodman's—I did not see that he had anything with him—he went to Mrs. Evans's, in Pitts'-place, Drury-lane—I saw him come out in a short time—I spoke to him, and asked him what he had taken there—I went to Evans's, and told Metcalf to stand back—I called Evans myself—I asked her what the boy had brought there—she said a gown-piece that Mrs. Russell had sent her to look at, to see how she liked it—I asked her if she would show it me—she said it was in a box, she would go and get it—she went and fetched it, and from a pattern I had in my pocket, I saw it was the trowsers-piece that Mr. Bodman had lost that morning—I said it was not a gown-piece, it was a trowsers-piece that Mr. Bodman had lost that morning, and it was stolen—she began to cry—I told her she must go to the station with me—she said she hoped not, she would give me anything if I would not take her, and anybody would be answerable for her appearance in the morning—she said she wished she had never known Mrs. Russell, and no doubt the waistcoat-piece she pawned some time before, was come by in the same way—she said the boy had told her it was all right—I searched her lodging, and found forty-four duplicates, ten of them relate to property belonging to Mr. Bodman, and which was identified by the foreman, and is now here—I went to Mr. Bodman's, and apprehended Russell—I told her she must go with me to the station for robbing her master—she said, "Very well"—on the road to the station she asked me where we were going—I told her to Bow-street—she asked if the boy was there—I said yes, he was—I had not given her any intimation of the boy having done anything.
Cross-examined by MR. PARNELL. Q. You took Metcalf, and it was without Evans having any communication with him that she said it was a gown
piece? A. Yes—she said she hoped nothing was wrong, and wished she had never seen Mrs. Russell.
CHARLES METCALF (a prisoner.) I was fourteen years old last June—I went into Mr. Bodman's employ about seven months ago—Russell was servant in the house—I knew nothing of her before I went there—some time after I went there she told me to go and take a waistcoat-piece—I was to take it down stairs to take to Mrs. Evans—that was the direction Russell gave me—she told me on various occasions to do things in the shop—on the 25th of Nov. I observed this piece of cloth that is produced, in the shop—Russell told me to take a piece to-morrow morning, and when I opened the shop in the morning, I took the piece, and took it down to Russell in the kitchen—she told me I was to take it to Mrs. Evans the first time I could get out in the day—she told me to place it in the back kitchen—the first time I got out was in the evening, before I went home to bed—I then took it to Mrs. Evans, and the policeman followed me—when I got to Mrs. Evans's with the cloth I told her I brought it from Mrs. Russell—she said, "Very well"—when I came out the policeman took me—he asked me what I took there—I said it was a gown-piece that the servant had sent to show Mrs. Evans—nobody had told me to say that—I went into the house with the officer, and heard what passed between him and Evans—I did not know anything at all of Mrs. Evans till Russell sent me there—I had been ten or a dozen times to Evans's before the officer took me—all these things which have been produced relating to these duplicates are what I had taken from my master's to Evans's—the first time I took any was about two months ago.
Cross-examined by MR. PAYNE Q. What name did you tell the policeman you had been to? A. Mrs. Wilkins—that was a story—I had been to Evans—I said it was a gown-piece, and that was a story—they took me to Bow-street—I was put as a prisoner first, and next time I was examined as a witness—it was on a Thursday 1 was taken, and remanded till the Wednesday following—I slept at my grandfather's—I have a latch-key to let myself in—I sometimes staid out late of a night, and went to theatrical saloons, and other places—I went about borrowing money in my master's name—he reprimanded me for it.
Cross-examined by MR. PARNELL Q. On some occasion, when you took these things, did you take them direct from the shop? A. No—I always took them to Russell first—the first I took, Mrs. Russell told me to take it down to her, and then I took it to Evans—the second piece I believe Russell took—I took the third piece—I did not take goods from the shop to Evans without taking them to the kitchen—on every occasion I took them into the kitchen—I took them from the shop when I could get an opportunity—sometimes in the morning—when I took this cloth Russell was getting one of the lodgers' breakfast in the kitchen—she told me to take them when I could.
Q. She did not know you were in the shop taking this? A. Yes she did, because before I went up stairs she told me—I brought it down—she took it in her hand, looked at it, and told me to put it in the back kitchen—I cannot exactly say how much money I have made by this—sometimes when anything was taken I had part of the money—I took the things to Evans, told her I came from Russell, I took the money Evans gave me to Russell, and she gave me what she liked—when I took this piece to Evans I said, "I brought this from Mrs. Russell," and she said, "Very well"—I did not say
anything to her about it being a gown-piece—it was not wrapped up—it wai tucked into my trowsers—I carried the others in my trowsers.
MR. PRENDERGAST Q. You have been asked about borrowing money, by whose direction did you do that? A. By Russell's, and I gave it to her—that was done at the milk-shop repeatedly—it was in Mrs. Bodman's name—I could not get any more money, and then the robbing began.
JURY, Q. You did not borrow it from Evans? A. No.
MR. PARNELL Q. Did you borrow any of Evans? A. Yes, once for Mrs. Russell.
(Samuel William Evans, a cow-keeper, of Collingwood-street, Blackfriars; Jenkin Davies, cow-keeper, Long-lane, Southwark; and Henry Flagg, publican, Compton-street, Soho, gave Russell a good character: John Watkins, publican, New-street, Borough; George Owen, coffee-house keeper, Lisle-street; Edward Penny, printer; Henry Banting, house-agent, Munster-street; and James Biddle, gave Evans a good character.)
RUSSELL— GUILTY Aged 35.
EVANS— GUILTY Aged 36.
Transported for Seven Years.
262. HENRY NOISE and GEORGE WALKER were indicted for breaking and entering the dwelling-house of William Storer, at St. George's-in-the-East, and stealing 3 umbrellas, value 1l. 15s., his property; and that Noise had been before convicted of felony.
MARGARET ANN STODDART I am the niece of William Storer—he lives in St. George's-street. On the 27th of Nov. I was sitting in my parlour behind the shop—Bush beckoned me to the door and said, "Some one has stolen your umbrellas—I looked, and saw some had been taken from the window—I looked out, but could not see any one—I saw a pane of glass had been broken where the umbrellas had been—presently I saw these three brought back, and knew them—I had put them into the window about two hours previously, and the window was perfect a quarter of an hour before—these are my uncle's property.
Cross-examined by MR. PAYNE Q. What occasion had you to see the window a quarter of an hour before? A. I had been lighting the gas, and we frequently look at the window to see that all is right—I saw it safe when we sat down to tea at six o'clock—I do not know at what time Bush came.
JOSEPH BUSH I live at No 11, St. James-terrace, Sun Tavern-fields, and am a tailor. I was passing Mr. Storer's umbrella shop about half-past six o'clock—I saw the prisoners—Walker passed three umbrellas to Noise—I observed to my friend that they had stolen these umbrellas from that shop-Walker turned and looked at me—he went into a beer-shop—I went after Noise, still keeping my eye on him—I followed him to Ratcliff-street, and told the policeman.
Cross-examined. Q. Had you ever seen either of them before? A. No—I was with Mr. Fox going home—I work for Mr. Wallis, in Charles-street—I worked for him a month ago—I have met with an accident, and go to the hospital—I was in front of the shop, abreast of the prisoners—I was not able to hold them—I had my arm on Mr. Fox—I was very lame at the time—Walker went into the beer-shop after he took them, and he came out again and stood on the step—he looked me hard in the face, walked into the public-house, came to the door, and stood peeping there while I was beckoning Mrs. Stoddart out—he did not go away with Noise—when Noise was taken, Walker came by Ratcliff-street—I said, "That is the other man," and he was taken—he asked what it was for—I told him it was for some umbrellas—he
said, "I know nothing about it, it is very hard I should be taken."
Noise. Q. What did you see of me? A. When I stood at Mr. Storer's door, you walked on with the three umbrellas, crossed the road, and went through the cab-stand, and when you came to Ratcliff-street, you went to a convenience near a public-house, placed the umbrellas there, and came away—I told the policeman, and gave him the umbrellas from the place.
Noise. This man was fifty or sixty yards from the place, in another street; how is it possible he could see me place anything in the place of convenience?
Cross-examined. Q. Had you ever seen Walker before? A. No—it was perfectly light—there was a light from the window—I did not see Walker taken—I went the other side of the cab-stand, thinking I might see the prisoner that way—after Walker gave the umbrellas up, he went into the beer-shop—when I came from the shop-door, I lost sight of him—I never saw anything more of him till he was in custody—Bush went after Noise—I stopped at the door till Mrs. Stoddart came out.
Noise's Defence. When I stood at the comer of the street, I saw two women; I was looking at them; the policeman came and took me; I was standing some yards from the convenience; the witness said, "He put them up there somewhere, and he is gone up there."
JOHN LEE (police-constable N 179.) I produce a certificate of Noise's former conviction, by the name of Thomas Brown—(read—Convicted. 21st 1844, hating been before convicted—confined Noise is the person—this is the fourth time he has been here.
NOISE— GUILTY Aged 22.— Transported for Seven Years.
WALKER— GUILTY Aged 24.— Confined Nine Months.
RICHARD BUSSON I am a butcher, and live in Kentish-town. On the evening of the 27th of Nov. I was coming home—I saw the prisoner in my shop, and saw him take a piece of mutton off my shop-board, and put it under his arm, under his jacket—I went into the shop and asked what he wanted—he said, "Three pennyworth of pieces of meat"—I told him I wanted that piece that was under his jacket—he said, "What piece?"—I said, "It is no good; give me that piece"—I took it from him—it was mine.
Prisoner. Q. Did I not ask you for a pound of meat? A,. No—you did not say you had a pound of bread in a handkerchief under your jacket.
GUILTY Aged 25.— Confined Six Months.
WILLIAM RICHARD HAMPSON I am the son of Richard Hampson, who keeps a shop at No. 9, Holborn-hill. On the 27th of Nov. the prisoner came to the shop—he asked to be shown some coloured silk handkerchief for the neck—I looked out some—I cut one off, and he paid for it—he spoke to me as a German—he spoke very little English—I put those handkerchiefs away, and he asked to be shown some black ones—I opened a paper containing a number of black ones, but as they were not what I thought would suit, I laid them on one side, and opened another paper—he went away, and soon after he was gone I missed two pieces of black handkerchiefs, one piece contained seven handkerchiefs, and the other five—they have not been found since—no one else had been in the shop after I saw them safe—I opened them before the prisoner—there was one lady came to the door, but not near the counters—no one could have taken them but the prisoner.
Cross-examined by MR. PAYNE Q. Where were these? A. In the front part of the shop—there was only myself in the shop when the prisoner came in—my father came down before the prisoner went out—I had not counted the handkerchiefs before I showed them, but we knew how many there were—I had counted them, but I cannot say exactly when—I saw the two pieces of handkerchiefs in the paper when I opened them to the prisoner—I missed them about a quarter of an hour afterwards—we have a youth in the shop, but he was not there at all from the time the prisoner came in till I had made the discovery—my father came down just before the prisoner left, but he was in a different part of the shop.
THOMAS KELLY (police-constable H 119.) I received information from one of our constables—I went after the prisoner—I found him in the Hat and Plough, in Whitechapel—he is a German, and does not speak good English—I took him—he asked me what it was for—I said for stealing two pieces of silk handkerchiefs from a house in Holborn—when he came out he said he could not blame me for doing my duty, but he should like to see the man that saw him take them—I found on him a half-crown, a shilling, a sixpence, and a 4d. piece—he said he had no more, but on further search I found a sovereign and a half-sovereign in his fob—I have known him ever since he has been in England.
WILLIAM RICHARD HAMPSON re-examined. Q. Does your father serve in the shop? A. Yes—on that occasion he came down stairs from dinner while the prisoner was in the shop—he remained only a few minutes in the middle of the shop and went up stairs again—I missed the things before he came back again. WILLIAM DAVISON DAY (police-constable K 74.) I produce a certificate of the prisoner's former conviction at Clerkenwell, by the name of William Mason—(read Convicted 6th Jan., 1846, and confined six months)—the prisoner is the person.
GUILTY .— Transported for Seven Years.
JOHN WARREN I live in King's Arms-lane, Hounslow, and am a brickmaker. On the 30th of Nov., between one and two o'clock, I met the prisoner at the King's Arms—I asked her to drink once or twice, and asked her to go home with me, which she did—she staid with me an hour, and then came away—I remained and went to sleep a little while—I was awoke by Colsell about two hours after the prisoner was gone—I missed a shawl which had been hanging behind my front kitchen door—it was mine—this is it—my
eldest daughter used to wear it—I also missed two sovereigns and a half, two half-crowns, three shillings, and one sixpence, which had been in my trowsers' pocket, hanging behind the door up stairs in the bed room, where the prisoner had been—the money had been safe about twelve o'clock—I did not miss it till I came back with the officer—I had been taking a pot or two of beer with the men.
HANNAH COLSELL I am the wife of James Colsell. On the 30th of Nov. I saw the prisoner go home with Warren—I saw her return about three o'clock in the afternoon—I said, "You are going home?"—she said, "Yes"—I said, "You have been home with Mr. Warren?"—she said, "Yes"—she asked me if I would go and have some gin—I went, and as we were coming out of the house her shawl hung in the hook of the door—I caught up her shawl and said, "Have you torn your shawl?"—she said, "No," and then I saw she had this shawl on under her own—I knew it, and that it belonged to Mr. Warren's daughter—I had seen two of them wear it—I then went to Mr. Warren's house—I found the door open and he was asleep—I awoke him and spoke to him—I looked behind the door and found the shawl was gone—this is it, and it is the one I saw the prisoner with.
JOHN SMITH (police-constable T 53.) I received intelligence of this—I went to the Chaise and Horses, and found the prisoner there with this shawl on under another—she had been drinking—I asked her about this shawl—she said it was her own, and at the station she said it belonged to her—I found on her two sovereigns, one half-sovereign, two half-crowns, three shillings, and twelve pence in copper—the prosecutor had been drinking.
Prisoner's Defence. The prosecutor took indecent liberties with me, and asked me to stop all night, and I would not; I had three sovereigns, two half-crowns, 11d. worth of halfpence, and a 4d. piece.
GUILTY Aged 30.— Confined Two Months.
HENRY NASH I am a grocer, and live at Cobham-green. About seven o'clock last Saturday night, the prisoners came to my shop, and each bought a bit of baeon and some other goods for their master—soon after they left I missed a piece of bacon of about 6lbs. weight, which had been on a board in the shop—I afterwards found it in the prisoners' basket, which was standing in a house about 100 yards from my house, the prisoners were with it—I knew the bacon again—I had just cut one of the prisoners pieces off the same bit—they had that basket with them in my shop—I saw in their basket the bacon I had sold them.
JURY. Q. What was the weight of the bacon they bought? A. I could not say—it came to about 1s. 2d. or 1s. 3d.—it was a small piece, and this is 6lbs.—when I took them they each denied having it.
Wilkinson. It was taken by mistake; this other boy gave it me to put in the basket; I thought it was his.
Prisoner Clark. It was a mistake; I did not know which it was.
WILKINSON— GUILTY .
Recommended to mercy by the Jury— Confined. Fourteen Days
OLD COURT.—Thursday, December 17th, 1846.
267. JOSHUA CATCHPOOL was indicted for obtaining 15 yards of velvet, value 6l. 7s. 6d., the goods of James Morrisson, and others, by false pretences: also, for obtaining 48 yards of cashmere, value 3l. 14s., the goods of Robert Felkin and Charles Smith, by false pretences; to both of which be pleaded
GUILTY . Aged 25.— Confined Twelve Months.
(The prisoner received a good character.)
GUILTY . Aged 19.—Recommended to mercy.— Confined Three Months.
Before Mr. Baron Rolfe.
269. HENRY FORD was indicted for burglariously breaking and entering the dwelling-house of William Sellers, at Holy Trinity the Less, with intent to steal, and stealing therein, 1 work-box, value 4s.; 1 breast-pin,2s.; 1 necklace, 2s. 6d.; 4 shillings, and 2 sixpences; his property.
JOSEPH COMBER KNIGHT (City-policeman.) On the 2nd of Dec., about ten minutes to seven o'clock in the morning, I was on my beat in Bread. street—the prisoner passed me, and crossed to the opposite side of the way, with this box under his arm—I followed and overtook him in the act of crossing Cheapside from Bread-street, and asked what he had got there—he said a box which he was going to take to Mr. Jones, of Clerkenwell, near the work-house—he named some street, but I did not understand what, and said, "What street did you say?"—he said it was just by the workhouse, but he could not tell the name of the street—I asked him where he brought it from—he said from Mr. Hasletine, of Horsleydown—I asked him if he went to work so soon in the morning as that—he said he went at six o'clock—he said his master let him in, and told him to take the box to Mr. Jones the first thing in the morning—I asked him if his master had given him the box himself—he said no, he told him to take it—I asked what the box contained—he said Mr. Jones only wanted the box—he did not say what it contained—I asked him to let me look at it—I took it, found it was unlocked, and contained papers and other things—I told him I must make further inquiry about it before I let him go farther—he said Jones and his master were both booksellers, and that he had been with Hasletine eight months and a fortnight—I took him to the station, searched him, and found a tobacco-box, a memorandum-book, and two duplicates for a coat and pair of shoes, which he said were his own—the prosecutor's house is in the parish of the Holy Trinity the Less.
SUSAN SELLERS I am the wife of William Sellers, who was formerly ostler at the George livery-stables, Blackfriars-road; we keep the Farn ham Castle public-house, in Little Trinity-lane—I forget the name of the parish. This work-box, the papers, and other things in it, are mine—we lost a tobacco-box like this, but I will not swear to it—on Tuesday evening, the 1st of Dec., about half-past six o'clock, I was counting the money out of the box—that was the last time I saw it—it was in the bar, and contained the license of our house, and the excise license, and various bills and papers—the prisoner was our potboy at the time of the robbery, and for about three weeks previous—he went home at night—on Tuesday night he went home about half-past ten—I got up next morning at a quarter-past seven, and found the street door unbolted—before I
turned from the door, Knight, the policeman, came in and asked if I had lost anything—my husband and I came down stairs together—nobody was down before us—we had gone to bed together the night before—nobody went to bed after us—we left the window and the shutters fastened, and the door bolted—I found the street-door unbolted, the back parlour windowshatters open, and the window unfastened, but shut down—the prisoner ought to come to the house at six o'clock in the morning—I did not see him that morning, but heard he was in custody.
WILLIAM BROOKS I am a chimney-sweeper, and live in Trinity-place, which is at the back of the Farnham Castle. Last Wednesday week I got up, to go to work, between five and six o'clock—I went to work at Watling-street, and heard St. Paul's clock strike six as I was coming to Walling-street—I passed along the back of the Farnham Castle in Trinity-place—I observed that the back parlour window-shutters were open—I did not see any one there—I had seen the prisoner the morning before, that was the Tuesday, between five and six o'clock, in Little Trinity-lane, where the Farnham Castle is—he was walking to and fro by the house, in front of it—he said he was waiting to get in—he said he had made a mistake in the hour, he had got up rather earlier.
SUSAN SELLERS re-examined. The doors and windows were all fastened at night—by shaking the window-shutters the screw will fall out—anybody who understood it could shake the fastening out from the outside—this was the back parlour shutters—there was a square of glass broken just by the fastening of the window—it was broken before this—it would admit a roan's hand, and enable him to unfasten the window—the shutters are like a public-house shutters; you push them up in front—they are two shutters going up and down, and fasten with a screw inside the window, but the nut is worn, and does not fasten tight—by shaking the shutter you can get the screw out.
Prisoner's Defence. I got up that morning at six o'clock, which my mother can prove; as I was going to work I met a man, and he asked me to earry a box for him to Clerken well; he said he would meet me there at half-past seven; I told him I could not do that, I was going to work at seven o'clock; he said, "There is plenty of time, it is only half-past six," and asked me to carry it; he said, "If a policeman stops you, say you brought it from your master's to carry to Clerken well;" the policeman overtook me, and I told him so.
GUILTY of larceny. Aged 17.— Confined One Year.
MR. CLARKSON conducted the Prosecution.
ELIZABETH EDWARDS . I am the wife of Richard Edwards, who is a turner, and lives at No. 6, St. Ann-street, Westminster. On Wednesday evening, Nov. 25th, about six o'clock, I was going through Hyde-park on my way home, and overtook the prisoner about a quarter of the way down the park, coming from the Bays water-road, and not very far from the trees—I was going to pass the prisoner when he caught hold of me, and tried to pull up my petticoats—I tried to shove him away from me and could not—he then said if I did not yield to him and let him have my money he would murder me—he spoke in English and used the word "yield"—I still resisted him, and he knocked me down, and tore my bonnet and cap from off my head—when
he had knocked me down he unbuttoned his trowsers, and dragged me away some three or four yards from the foot-path by the hair of my head—I continued calling "Murder!" and just after that the park-keeper came to my assistance—I began to cry "Murder!" when he first began to insult me—he knelt himself down to me—I kept calling "Murder!" and resisted—a policeman came up soon after the park-keeper, and I gave him in charge.
Prisoner (through an interpreter.) She took hold of my arm, and took me to the place in the park off the foot-path; she was drunk, and felt my pockets, where I had 15d.; when she found I would not let her have the money she laid herself down, pulled up her frock, and took hold of my hands; she kept me a quarter of an hour by my waistcoat; it rained all the time; she said, "Never mind the rain," and opened her umbrella; I told her to let go three or four times, and I strutk her twice to make her let me go; when I struck her she pulled off her bonnet and cap and began hallooing. Witness, I never saw him till I passed him—I had drank nothing all that day, and was quite sober—I did not take hold of his arm, nor do anything which he has said—it is false—I have been married twelve years and have had four children.
JAMES HEMBREY I am the park-keeper and constable at the Serpentine lodge. I recollect the evening of Wednesday, the 25th of Nov.—I was in Hyde-park, between the Magazine barracks where the guard is kept and Grosvenor-gate—about six o'clock I heard a violent scream, which I paid very little attention to at first and walked on—I then heard screams of "Murder!" five or six different times—I hastened to the spot as quick as I possibly could, and found the prisoner and the prosecutrix standing against a tree fifteen or sixteen yards from the path, where there are young trees protected by rails—they stood about a yard apart—the prisoner had an organ on his back or by his side—I saw the strap—the organ might be on the ground—when I got up the prosecutrix said she was very glad to see me, for the man had been wanting to rob and murder her, and taking liberties with her—she appeared in a state of agitation and alarm, and he was exposing himself, his trowsers unbuttoned, and his shirt hanging out between his thighs—a policeman came up just after, and he was given in charge—the prisoner and the prosecutrix were quite separate, a yard apart.
Prisoner. It was you made me let her go. Witness. I never put a hand on her—I have measured the spot I ran from, and it is 175 yards from where I found hjm.
JOHN WILLIAM NORMAN (police-constable 148 A.) On Wednesday evening, 25th Nov., about six o'clock, I was on duty in Hyde-park and heard a cry of "Murder" three or four times—I made haste to the spot from where I heard the cry come—I saw the prisoner and the woman—the woman was standing about a yard from the prisoner, putting her hair to rights—it was in a very deranged state—the park-keeper was there—she seemed excited, and was fretting—I saw a bonnet and cap lying on the ground—they were torn and unfit to wear—I took them up, and asked her what was the matter—she said in the prisoner's presence that he had insulted her and knocked her down, and hurt her very much—she said she would charge him, and upon that I took him into custody—he said the woman got hold of him and said, "Trickey trackey, come on"—he took hold of my breast as if to show me what she had done—I could understand him—at the Vine-street station he said what the woman had said was a d—d lie—he spoke English—this is the bonnet—it is not in the same state now.
Prisoner's Defence, What she says is untrue; it was her that invited me to go into the park; when she took hold of me there was nobody by; two gentlemen passed very close, but said nothing; we waited for them to go by;
if she had not invited me I should not have gone into the park at all; I should have gone round the park home.
ELIZABETH EDWARDS re-examined. I was coming from the Bayswater-gate across the grass—I first saw him about a quarter of the way across the park—I did not see any other persons—I could not see an omnibus or I should have rode home—I did not see the prisoner before I came into the park.
GUILTY of Assault only. Aged 32.— Confined Eighteen Months ,
MR. RYLAND conducted the Prosecution.
MICHAEL PETROWITCH (through an interpreter.) I am an Italian belonging to Trieste—I am a mariner. About eleven o'clock on Saturday nigh, 5th Dec., I went to the Brown Bear public-house, in Leman-street, Good man's Fields—there was a man with me, I do not know his name—we wen to an up-stairs room—there were from ten to fifteen other people there—I did not see any glass broken—two men held my hands behind me, and the landlord, who is the prisoner, used his staff on my head six times—I bled fron my nose and my bead, and was taken away by a policeman to Denmark-street station, and then in a cab to the London Hospital, and was there nine days.
Cross-examined by MR. BALL AN TINE Q. What do you wear that belround your body for? A. I always wear it to keep my body up, and carry a dagger in it—I did not have the dagger out that night at all—I do not knov, who it was that held my hands—the house was full of sailors—there was no struggle before I was struck on the head—the landlord struck me—I suppos because the other sailors had broken a glass—the dagger is here—I did not attempt to get at my dagger—they took hold of my hands for fear I should run away from the house—they laid hold of my right hand—I am an ordinary seaman—I do not go about with any images or shows for sale or exhibition—I did not go back to the public-house that night—I left a shoe there, but did not go back for it—there were two men on me—I was on the ground—I do not know if they were sailors.
MR. RYLAND. Q. Were you on the ground when the landlord used the staff on your head? A. The landlord did not strike me when I was on the ground—two men knocked me on the ground—that was after the landlord struck me—the landlord struck me after I got up—I do not know what the men threw me down for—I was got up by the officers—I was taken to the station—all the sailors wear such daggers and belts as this—it is the fashion of my country.
COURT Q. Describe the order in which it happened? A. I went in there about eleven o'clock at night—the first thing I called for was a pot of halfand-half, and two English sailors broke a glass, and wanted to make me pay for the glass—after that had happened, one of my shipmate's came down stairs, and the two English sailors wished to make a foreigner pay for the glass, and that began the row—I was going to run away because I would not pay for the glass, and the two English sailors got me on the ground—that was before the landlord struck me.
HENRICH JULIUS FORRTTO I am a German, and am an engineer. On Saturday night, the 5th of Dec, about a quarter before ten o'clock, I went to the Brown Bear, Leman-street, and saw the prosecutor there with one of his shipmates—they were in the room with me about half-an-hour, and then went down stairs—I afterwards heard a noise, and went down—I stopped halfway
on the stairs, and saw Pedro and several men in a row before the bar—they were knocking him about—I heard them say he should pay for a broken glass—he swore in his own language that he would not pay it—he was trying to get away—some of the people caught him by the collar, and had struck him, and prevented his going—I saw the prisoner—he began to swear at Pedro—directly after this he got a staff in his hand, and struck Pedro two blows over the head with it, and then put the staff into the bar—in about two minutes he struck him again with it eight or ten blows—Pedro was trying to get out, but could not, as the men had him tight, some holding his arms, and some the collar of his coat—during the two minutes the prisoner was trying to clear the people out of the house, but could not, and took the staff again—I do not know whether he is a constable—I heard some people halloo out, "He has drawn a knife"—that was before the prisoner got the staff a second time—I cannot say whether the prosecutor had drawn his dagger, as the people were round him—I could only see his head and shoulders—I could not see whether Pedro struck the prisoner, or struck at him—Pedro was pushed out of doors—a policeman came directly—before Pedro was put out, his face was all over blood.
Cross-examined. Q. Had you known Pedro before? A. No—I come from Hamboro'—I am in employment, and was often at the house before—the prisoner never told me before that I should not come there on account of disorderly conduct—I will swear I have not been told before this not to come into the house, and nobody had told me so before the row—I have been refused to be served by the prisoner before this night—he did not say I was disorderly—I never got into a row there—he has always given me what I called for—I did not understand what you meant before—I should say the prisoner struck eight or ten blows, altogether, on the two occasions—he appeared to strike him very hard—I cannot say whether the hardest blow went on his head—I cannot say all the blows were on the head—I can swear four blows reached him on the top of the head with this staff—they were pretty hard blows—there was a great row—the people on the other side of the way could hear—the prisoner did not go to the door and call, "Police"—I did not hear it—I was examined before the Magistrate—I saw him go to the door to push the people out, and call out to clear the house, but he did not call "Police."
RICHARD NOLAN I am a bookseller, and live in Rosemary-lane. On the 5th of Dec., about nine, ten, or eleven o'clock, I was passing the Brown Bear, Leman-street, and heard a most uprorious noise—I went to a side window, looked through, and saw Pedro, and, to the best of my belief, five persons round him, and a publican's menial, a pot-boy—I thought from the noise I heard that they were abusing Pedro.—(The witness conducted himself in a very flippant and extraordinary manner, and, being evidently intoxicated, was committed for one month for contempt of Court.)
CHARLES DHURM AN I am a shoemaker, and live in Collett's-court. On the 5th of Dec, between half-past ten and a quarter to eleven o'clock, I was passing the Brown Bear—the door was ajar—I could see through the glass of the door, and saw Pedro, and from five to seven persons round him, punching him—some had him by the hair, and by his collar and handkerchief—after that I saw the prisoner among other people—he was doing nothing at first—I saw him have a staff handed across the bar to him—he took it, and struck Pedro on the head several times with it—his head bled violently—he fell, but the persons who had hold of him would not let him fall to the ground—after some time he was put out of the house by somebody, I cannot say who—he had not a knife in his hand—he had a belt on, but I did not notice a knife or dagger
in it—I heard them say, "Take care, he has got a knife," but I saw none during any part of the time.
Cross-examined. Q. How many blows do you think you saw the prisoner strike Pedro? A. It might be seven or eight—I do not think it exceeded ten—it could not have been less than seven or eight—I both saw and heard him struck on his head—I heard the sound of the staff on the head—the blows must have been extremely hard—I suppose I heard the sound of four or five—I am not sure of four—there was more than one.
EDWARD JENNINGS I am a shoemaker, and live in Blue Anchor-yard. On Saturday evening I was standing outside the Brown Bear public-house—I looked in, and saw Pedro, and five or six Germans beating him—I saw the prisoner beating him about the head with the staff—the blood streamed down his head—I observed the prisoner particularly—I observed a thing in Pedro's hand, but could not see what it was—it was not this dagger—it was similar to it, but it was not a naked knife—he had it in his hand, doing no execution with it.
Cross-examined. Q. How was he holding it? A. In his right hand, up, in this manner—I did not see it gleam or shine—I saw nothing shine—I was five or six yards from him, fronting him—it was not an open dagger—it was something dark.
JOSEPH CONDOR (police-constable H 31.) On Saturday week last, about half-past ten o'clock, I was at the Brown Bear, and saw a crowd of about fifty people about the door—I staid about two minutes, and some one among the crowd said there was a sailor being ill-used in the house—I stopped about two minutes outside the door, and saw Pedro in a stooping position in the doorway—he was pushed out by somebody, as it appeared to roe—he was bleeding from the head at the time—the prisoner came to the door, and said, "Policeman, take him into custody, he has got a knife about him"—I took him, looked to tee if he had a knife, and found one inside his belt—I cannot say whether it was in a sheath or not—I never saw the sheath till next day—I only drew the knife from him—the sheath was in the belt, but I did not know it—I saw the sheath produced by Sergeant Eves at the police-office.
JAMES EVES (police sergeant H 14) Between eleven and twelve o'clock that night, I went to the Brown Bear, and found the prisoner there—I told him several parties at the police-station had stated that he had ill-used Pedro with a staff, and he had better come down—he said Pedro bad drawn a knife; and said, "I have saved one man's life, and consider I was justified in using the staff"—I took him into custody, asked him for the staff, and he gave it me.
Cross-examined. Q. He avowed at once that that was the staff he had in his hand? A. Yes—he fetched it for me—there are a good many disorderly persons in Leman-street, and the public-houses just at that spot are frequented by bad characters—it is not far from the Docks—the persons about there are apt to be disorderly—they are dock labourers and sailors—I know the prisoner had some difficulty with some people on one occasion; his own life was in danger—several persons were charged at the station—the police do not assist in clearing public-houses unless the landlord has a charge to make.
COURT Q. You gave the sheath of the dagger to Condor; where did you find it? A. I received it from the London Hospital—a person lying in the same ward with Pedro gave it me—I do not know where it came from—I always knew the prisoner to be a respectable man—he has been there about eighteen months.
JOHN CAWOOD WORDSWORTH I am house-surgeon at the London Hospital, Pedro was brought there—I found a wound of the scalp on the right side of his head, not quite down to the bone—I should call it a contused wound—this staff might produce such a wound—he did not appear to have lost any
considerable quantity of blood, but a small quantity of blood looks a large quantity when on the hair—I should think it would require? very consider-able blow to produce such a wound on a man with so much hair—I am not justified in saying the wound was not dangerous—it might have been attended with serious consequences—he remained at the hospital eight or nine days.
Cross-examined. Q. A slight cut on the finger might be attended with danger? A. Yes, or any rupture of the skin—I should not call it a dangerous wound at all—there was nothing to prevent his going out immediately, and walking about—I kept him in to prevent him drinking, which might lead to inflammatory symptoms—I thought he had been drinking—I have examined the whole of his head—there was no other place in which the skin was broken—I have heard the witnesses say that at least four blows were struck with a staff—I think if they had been violent blows there would be appearances of them—the contusion might have been produced by a kick, or a fall on the ground, as well as a blow, in a struggle.
MR. BALLANTINE called
HARRY WILLIAM PAGE On the 5th of Dec. I was waiter at the Brown Bear. I recollect Pedro coming there—he had something to drink in a glass—I ascertained in the course of the evening that the glass had been broken—I took the glass down to Mr. Brand, and told him of it—I afterwards saw him in conversation with Pedro about the glass—he bad not the glass in his hand—master wanted him to pay for the glass—he refused—there was a dispute about it—I saw him make a rush at master, with a drawn knife in his hand—it was a clasp knife—I did not see the handle of it—the blade was similar to this—it was open—a man seized his right arm, and stopped him from doing anything with it.
MR. RYLAND Q. Were you present the whole time till the house was cleared? A. Yes—master had a staff, and struck Pedro one or two blows over the head with it, in his own defence—there was an interval of a minute or so between the two blows—my master got the staff from the bar-parlour—he hit him one blow, and kept the staff in his hand—I do not know whether he put it into the bar-parlour after striking the first blow—in about a minute I saw he had it the second time, and struck a second blow—I will swear before he struck that blow Pedro had the knife in his hand—nothing had been done to him before he drew the knife—he was asked to pay for the glass-be said he would not, and immediately drew the knife—he was not the worse for liquor, to my knowledge.
MR. BALLANTINE. Q. How many people were in the house? A. There might be ten or twelve—they were not sailors—there were some bakers.
JOHN BURTON . I am a cabinet-maker. I was at the public-house when the row took place, and saw Pedro there with a glass—the prisoner had part of a broken glass in his hand, and Pedro snatched at it—the prisoner asked him to pay for the glass he had broken, and then he could have it—he muttered something, but what I cannot say—after the prisoner asked him to pay for it, he made a rush to get the glass from the prisoner—he put his hand into his pocket, or somewhere else, and pulled out a large dagger, or knife—he bad a belt round him, and a red cap—he held the knife up in his right hand, in this manner—a German or Italian laid hold of him, and caught his arms, so that he should not injure anybody—the prisoner called out, "Bring me my staff," and when he got it he struck him once—I did not see him strike him more than once, for another man assisted Pedro, and they all went down together—the struggle continued—I cannot say whether the prisoner struck any more blows—there was a cry of "Police!"—the prisoner never used his staff till the knife was drawn and brandished towards him.
MR. RYLAND Q. He never attempted to use the staff till after the knife was drawn? A. No—I will swear he did not call for it till after the knife was drawn—the only provocation the man had for drawing the knife was being asked to pay for the glass—I did not see anybody ill-use him—I saw the beginning—I do not know who he might have stabbed if he had not been prevented.
JOHN DEXTER . I was standing at the bar of the Brown Bear when the foreigners came down—the prisoner asked them to pay for a glass—they appeared to refuse—I could not understand what they said—they appeared to be very excited and angry, and made a grab at the glass—Pedro was one of them—the prosecutor asked him again to pay for it—he put his hand to his right pocket, or side, as if going to take some money out, and drew a dagger or knife—I believe this one produced to be it—he swung it in his right hand over his head twice—it was not in a sheath—he went towards the prosecutor as if to stick him—a young man, I believe a German, caught his arm, and, while he was scuffling, another seized his arms behind—the prosecutor asked for his staff—that was the first time he had asked for it—he had not got it in his hand before that—I saw him strike Pedro once at the time he had the knife in his hand—he was brandishing it about, and seemed in great agitation—when the prosecutor struck him he fell, or was thrown down—there was a cry of "Police!" and Murder!"—I went away.
MR. RYLAND Q. Had Pedro been ill-used by anybody? A. Not at all—he was only asked to pay for the glass: he immediately drew the dagger, and appeared as if he was going to stab the prosecutor—the men did not hold his arm till he made a rush at the prosecutor—it was while they were strug-gling that the prosecutor struck him—he was trying to stick them, or to get to the prosecutor, and the prosecutor struck him once, only once, that I could see.
MR. BALLANTINE Q. There were a great many people there, I suppose? A. Yes, and very great confusion.
FREDERICK HINKIN (through an interpreter.) I was at the Brown Bear when Pedro was there—he attempted to strike a dagger at the landlord, and I took hold of his band—the prosecutor did not touch him before that.
William Burger, senior, did not appear.
RICHARD MARONT (policeman.) On the 10th of Dec. the prisoner was given into my charge by the prosecutor, for striking him over the head with a flat iron—I went to the prisoner in the back yard—he said, "My father struck me first, and I struck him over the head with a fiat iron.
JOHN GEORGE BRIDE I am a surgeon. I dressed the prosecutor's head—he had a wound an inch and a half long, and not quite half an inch deep on the left side of the head—it lacerated the scalp—the edge of a flat iron would do it.
Prisoner's Defence. My father got me between his legs, and hit me with a flat iron, and I hit him again.
272. JOHN SCULLY was indicted for stealing 2 sauce-ladles, value If.; 7 spoons, 2l. 2s.; 1 watch, 1l.; 1 coat, 2l.; 1 pair of sugar-tongs, 7s.; lib. of tea, 5s.; 20 shillings; 120 sixpences; 100 pence; 50 halfpence; and 200 farthings, the property of Charles Hickman, in his dwelling-house, and after wards burglariously breaking out of the same; and CHARLES POTTER for feloniously inciting Scully to do and commit the said offence.
MR. CLARKSON conducted the Prosecution.
SAMUEL ORAM . I am a groom. On Thursday night, the 3rd of Dec, I lodged at Mr. Hickman's, the King's Head, High-row, Knightsbridge—i went to bed about eleven o'clock—there had been a concert in the house, which was not over then—I got up about twenty minutes before five o'clock—when I came down I had a candle in my hand—I found the bar-door was broken open—I saw a dark lantern on a little shelf just inside the bar-door, and just outside the bar-door, in the passage, I saw a shawl full of cigars, tied up, and a woman's cloak on the top of it, and on that a jemmy, or crow-bar—I looked inside the bar door and saw the drawers were opened, and some of them on the floor—! just looked round the door into the bar parlour adjoining the bar, and saw the shadow of a man just turning round—I was not quick enough to see his person—he was in the bar parlour—I went and looked at the front door—that was quite safe, and the back door also—I went to the bottom of the stain and gave an alarm to Mr. Hickman—I hallooed to him, and the person in the parlour said, "Hold your tongue, or else I will mark you"—I went up stairs, met Hickman coming from his bed-room door in his night-clothes, and we came down together—by that time the man was gone—he must have gone out at the barparlour window, which I found shoved up, and a work-box put under it, to prevent its coming down—he could then go out and go over the wall—there was no other way he could have got out—I let in the police, I unlocked the front door, and unbolted the back door—when the police came I went to my work.
PATRICK M'GARRY I am a corporal in the 6th Enniskillen Guards. On this night I lodged at Mr. Hickman's—I was awoke between four and five o'clock hearing a noise in the back yard—I opened my window, looked out, and heard the voices of some men in the yard—I recognized the police by their lanterns—I saw a man going over the tiles opposite to my room-window—I called out "Police!"—the man had got into another yard—the policemen were in Hickman's yard or the next—I called sufficiently loud for the man to hear me—I said, "There is a man who has got over the tiles, and jumped down to the next lane"—on my saying so, the man, before he jumped over the wall said, You b—, I well shoot you"—the top of the wall has glass bottles on it—I heard the sound of a man dropping, after he climbed the wall—the wall is five or six feet—he was ten or eleven feet from my window—it was too dark for me to distinguish the person—after Scully was taken into custody I attended at the police-court and gave evidence—I heard him cross-examine the witnesses—my attention was called to his voice—to the best of my opinion, it was the same voice that spoke to me that morning, the voice of the man who jumped from the wall—it was a peculiar voice, and when I heard him cross-examine the witnesses it immediately attracted my attention.
Cross-examined by MR. DOANE Q. HOW far was he from you when you first saw him? A. Ten or eleven feet—he came down from the tiles into the adjoining yard—he leaped over the wall, which was five or six feet high—the tiles are as high as the wall—he had not got to climb up—from the back parlour window he would climb up a shutter, and over a wall with glass on it, before he got to the tiles—that wail is near the back window—he was already on the tiles when I saw him—he had to come over two walls with glass on them.
Q. You heard the voices of the policemen with Mr. Hickman at that time? A. I think he was there—they were not so near to my window as the prisoner—they were in the yard, but I am not certain whether they were in Hick-man's yard or the next—the policemen were in a confused state at the time—they were not near enough to hear what the man said—I think they were twice as far from him as I was—he spoke in rather a suppressed tone of voice, as if it was difficult to get the words out—not a loud voice, but a harsh tone—I do not remember a witness being examined at the police-court who was rather deaf—the Magistrate told me, when the prisoner cross-examined the witnesses, that I had an opportunity of identifying his voice—he slightly cross-examined me—I did not tell the Magistrate directly that I recognized him as the man who was on the tiles—I did not say I recognized his voice before) Hodgson had been examined by the prisoner.
MR. CLARKSON. Q. On what floor did you sleep? A. The top room, or two pairs of stairs—I was looking down on the tiles—the policemen and people could not see what 1 saw.
CHARLES HICKMAN I am landlord of the King's-Head, High-row, Knights-ridge. On Friday morning, between four and five o'clock, I was alarmed—I at up, came to my room door, and found Oram there—M Garry slept up two airs of stairs, at the top of the house—I went down to the bar, and found the door broken open, the till drawn out, and a drawer in the bar drawn out—one till was broken open—I had left a child's money-box in one of the tills, containing between 5l. and 6l.—I should say nine or ten parts of it were six-pences—above a hundred sixpences—that box was broken open, and the silver all gone—there was also a quantity of farthings, halfpence, and half-CROWNS, and silver table-spoons, sugar-tongs, salt-spoons, mustard-spoons, two sauce-ladles, worth about 2l. altogether, gone from the bar—the table-spoons and sugar-tongs have been found—I missed my great coat, lich was found by the police—the back and front door were secured as I left them over night—the bar parlour window was open—I had a large shawl handkerchief, which was found in the passage, full of cheroots and cigars, tied up in a bundle, about 20l. worth—it was lying in the passage outside the bar, ready to be taken away—the bar parlour window leads to the hack yard—it was secured by a shutter outside, with a bolt fastening down into the cellar-window—that was open when I came down, and anybody could get out at the back of the house into the yard—it was an outer shutter which fastens inside, and which could be opened by opening the window—they could then get into the yard—there is a wall in the yard—there was a shutter standing up against the wall, and I suppose the person must have got up, from the shutter on to the wall—it was the window-shutter which had been taken down and placed against the wall, which had glass bottles on the top of it—there was no appearance of violence used to the outside of the house—I was present when the policemen took Scully into custody at Union-court, Orchard-street, between twelve and one o'clock on Saturday night, or the Sunday morning following—I said, loud enough for him to hear, "If there is any money found on him, the money I lost is new coin, of Victoria, and chiefly sixpences"—I saw the policeman search Scully, and produce from his pocket forty or fifty sixpences, all of Victoria's reign—I also missed about 1lb. of tea—there was a clasp-knife found in a my house.
Cross-examined. Q. There was a shutter which would enable anybody to get over the wall? A. Yes—that wall led to the roof of the back premises and wash-house adjoining the tiles that M'Garry has spoken of—I did not ice any blood found there—I saw some in another place—the wall may be about fight or nine feet high—the shutter was about four feet—I do not think a
man's head would reach above the wall—it would not reach the wall, if he was on the shutter—the shutter had been moved from the parlour window—I seen it safe before I went to bed, which was a little after two o'clock—I am quite sure I was the last person up.
MR. DOANE to PATRICK M'GARRY Q. Was there a concert at the house the night before? A. Yes—I was not present at it—I had been in the room previous to its commencement—I heard some music and singing—I did not see Scully there.
MR. CLARKSON Q. It was early in the evening you were in the room? A. Yes, before eight o'clock.
JOHN ALLEN I am potman to Mr. Hickman. On Thursday evening, the 3rd of Dec, I saw the prisoners at my master's house from nine until half-past twelve or one o'clock—I knew Potter before, by his frequently lodging at the house, for a month or five weeks before, but not every night—there was a concert in the house—I saw the prisoners come down together, about half-past eleven o'clock, from the concert-room to the tap-room—there was some question between some soldiers and them—I saw Scully last at near one o'clock—I missed him about one, when there was a fight with some-soldiers, and we turned them all out—Scully was missing then—he was in-quired after, while master was turning out the two soldiers, but he could not be found—that was after the row—I had not seen him go out—I turned Potter out, and Watts went out—I went borne, and heard master lock the door after me, after I had fastened all the shutters up.
Cross-examined. Q. How many did you turn out after the fight? A. I cannot tell; about fifteen; we turned the whole out.
THOMAS HODGSON . I live with my mother, in Middle-row, Knights-bridge. About a month or six weeks before this robbery, the prisoners and a man named Cooper lodged at my mother's house—this was a month or six weeks before this robbery—they had been there three months—it was a month or six weeks before I was before the Magistrate—all three lodged in the same room—there was only one bed—I remember seeing a life-pre-server, a knife, a lantern, and two or three more knives in a table drawer in their room—there was no jemmy there then—the two prisoners were in the room, and I asked Scully what they were for—he said they were for a masquerade ball, this is the same lantern (looking at some articles)—I recognized it as soon as I saw it before the Magistrate, and this is the life-preserver—I have seen a knife like this in the drawer with the other things—I do not know this crowbar—I went down and showed my mother the life-preserver, and told her what they told roe; in consequence of that my mother gave them notice to quit—I heard her do so—it was be cause they were carrying on the game that they did—she did not like them, because they staid out late at night—while they were there I saw a jemmy, but not the one produced.
Cross-examined. Q. Have not you seen plenty of lanterns like that in shop windows in London? A. No—I have seen bigger—I cannot swear to this lantern, but it is the same height, shape, and everything—I know the life-preserver by its being bent in the middle—and this is the knife.
MR. CLARKSON Q. Do you see the lantern has a double handle? A. Yes, and a small circular bull's-eye—the top part has been blackened over, it has been fresh painted since—when I first saw it it was like tin.
MR. DOANE. Q. Have you ever got into difficulty? A. I was in gaol three months, till the 5th of this last Oct.—I was tried in the New Court, I think—I have never been tried in this Court—I have been tried before for heaving stones—I have only been in custody twice.
MR. CLARKSON Q. When were you tried in the New Court? A. On
the 6th of July last, for robbing my master—I told the prisoners of that when they lodged in our house.
MAURICE MULCAHY (police-constable B 2.) On 5th Dec., about half-past eight o'clock in the evening, Potter was given in my custody by Mr. Hickman, at Mr. Hickman's house—I afterwards went to 9, Union-court, Orchard-street, Westminster, with Hickman and the boy Hodgson—we found a female there, and after some conversation with her, went into the front room and found Scully—I asked him if he was the owner of the house—he said "Yes"—while I was questioning him, Hodgson pointed to him, and whispered "That is him"—I took him into custody—I did not know him at the time—I searched him and found forty-five sixpences, all Victoria except one, eleven shillings, a sovereign, and a duplicate—before I found them, Hickman said, in Scully's presence, what description of money he had lost—I desired Scully to show me his hands—I found both hands very much cut in the hollow part, the wrists and fingers—it appeared to have been done very recently—the wrist had a larger cut with a piece of rag round it, and there was blood on the wristband of his shirt—I took him to the station—I had examined the state of the mortar on Mr. Hickman's wall—there was glass on both walls, and on the wall of Hickman's back yard, separating it from the next yard—I found a quantity of blood, and could trace that the thief had got on the tiles from that wall—I mean I traced blood from that wall over three or four yards into the Sun public-house yard—I did not trace it on the tiles—at the bottom of the yard of the Sun public-house I found the clasp knife which has been produced, and two silver tablespoons close to it, with blood on them—I found a coat close to the spoons, and about ten shillings' worth of copper money in the pocket—I found these at ten minutes to five o'clock, on the Friday morning—I have produced the lantern, life-preserver, and crowbar—they were given to me by Mr. Hickman—I searched Potter's lodging, No. 7, Fulham-bridge-yard, Brompton—I was informed that it was his lodging by a person who is not here, but Potter acknowledged that he lodged there—I found there two pair of new trowsers, two new waist coasts, two scarfs, two handkerchiefs, one pair of braces, and two caps, all new, and about three-quarters of a pound of mixed black and green tea—I found tea of a similar appearance scattered about Mr. Hickman's yard—I did not say anything to Scully about his bands being cut; but he said, addressing himself to Mr. Hickman, "I was drunk, and fell down near your house at Knightsbridge"—about a quarter or half an hour after he said he fell down on Constitution-bill—that is half a mile from Mr. Hickman's—he said the money was given to him by his brother Thomas, at Clerkenwell, on the Wednesday before—I said to Potter, at the station, "I have searched your lodging, 7, Fulham-bridge-yard" and I mentioned the articles I found—he said, "What of that, they are my own property"—I told him I found the tea, and mentioned all the articles—he said they were all his.
MR. HICKMAN re-examined. The tea I lost was mixed—that found at Potter's lodgings is as much as possible like what I lost—it has that character and appearance—I compared some with it at the Police-court—that strewed about the yard, added to what was found, corresponded with the quantity lost—it is the same description of mixture—I delivered the life-preserver to the officer—I saw it picked up in the bar-parlour, by one of the policemen.
Potter. Q. When I was taken, did not I take you to my lodging, and you stopped there while I gave my things in charge of my landlady, and afterwards you returned and searched it again? A. Yes—at No. 7, Bridge-yard.
WILLIAM DEACON I am in the service of Houghton and Lewis, linen-drapers, of Tothill-strect, Westminster. On Saturday, 5th Dec., about eight o'clock in the evening, Scully came to the shop with the woman I have seen in custody—they bought a cloak, two pair of stockings, four flowers, two handkerchiefs, some blond, and some gloves, and paid for them in mixed silver—there were some shillings and some sixpences among it—I cannot recollect whether there were many sixpences—I made out the bill, it was be-tween ten and eleven shillings—the girl paid for it, putting her hand into Scully's pocket and taking the money out—I believe he was sober—he did not put his hand into his own pocket—I did not observe the state of his hands.
WILLIAM JOSEPH JOCELYN I am a hatter, and live in Fen church-street. On Friday, the 4th of Dec, between three and four o'clock in the afternoon, Potter came to my shop, and bought a new hat—I do not recollect how he paid for it.
LIPMAN EMANUEL I am in the service of Messrs. Moses, of the Minories. On Friday afternoon, the 4th of Dec, between twelve and two o'clock, Potter came to my master's shop, and bought a coat, a pair of trowsers, and two waistcoats—they came to 4l. 4s. 10d.—I believe he paid in gold, but am not positive—these are them—(looking at the articles found at Potter's lodgings.)
WILLIAM IN WOOD . On the 3rd of Dec. I was one of the vocalists at the concert at Hickman's house—I saw the prisoners there, and a woman with them—they were singing—one of them called for the "County Gaol song"—I am certain of them—they have frequented the house for the last three months.
GEORGE PEARCE . I am surgeon to the Police-force in this district. I was called to examine the hands of Scully—he told me he had had a little drop too much of drink, and fell down on some gravel on Constitution-hill—I found his hands wounded and lacerated, I have no doubt with glass—it must have arisen from being cut with glass, and could not be from the reason he assigned—the wounds were in an upward direction, towards the fingers, in a transverse direction—in the insides the fingers were lacerated as well, in a longitudinal direction, as if they had come in contact with the glass—there was a large transverse wound on the wrist, wounds in the hollow part of the hand, and on the sides of the fingers, but no wounds whatever on the prominent parts of the hand, which would be likely to come in contact with gravel, if he had fallen on it—the left wristband of his shirt was saturated with blood—they were exactly such wounds as could be accounted for by a person endeavouring to get over a wall with glass on the top of it.
Cross-examined. Q. Suppose a man put his hand on glass, would not the prominent parts get cut? A. I think not; if the glass protruded from the wall, the hollow of the hand would grasp it, the prominent parts escaped in this instance.
GEORGE BROWN (police-constable B 41.) Last Monday week, the 7th of Dec, before the prisoners were brought before the Magistrate, I was at the Rochester-row station, in the passage of the cells—the prisoners were there, and a woman named Susan Watts, and Thomas Scully—in consequence of directions from my superior officer I listened at the cells, and heard a conversation which was began by the prisoner John Scully—I reduced what I had heard to writing on the same afternoon—this is what I wrote—(reading)
"About nine o'clock on Monday morning last I was in the passage of the cells, to listen to any conversation that might take place between the prisoner. 1 had not been there many minutes, when the prisoner John Scully called out, Tom, I am sorry I sent Susan to your place: I did not think they
would follow her; I wanted her to tell you to say that you had given me 3l. on Wednesday;' when Tom answered, You was a d—d fool to send her there, you might be sure they would follow her about.' John Scully said, Tom, I wish 1 could get to you only to say one word, everything would be as straight as a die.' John Scully then said, 'Tom, they want to bring us in for a job done on the 21st of November;' when Tom answered, 'I shan't know anything about it.' John Scully said, 'What shall you say about it?' when Tom answered, 'That I am innocent; if I don't know anything, I can't say anything.' Charles Potter then said, 'And I am innocent; if I don't know anything, I can't say anything.' John Scully then said that he too was innocent; and if he did not know anything, he could not say anything. They all three then burst out laughing. John Scully then called out, 'Tom, did the policeman find anything at your place?' Tom answered, 'The knives, forks, and spoons.' John Scully then said, What are you a-going to say V when Tom answered, That I bought them of a duffer, and gave the value of them.' Tom then called, 'Jack, did they find anything at your place?' when Jack said, 'Yes, some knives and forks; I shall say I had them from you.' When Tom answered, 'Yes.' Tom then said that the publican wanted to say they were his; when Jack said, 'Has he got any mark on them that be will know them by Tom said he did not know. John Scully then said, 'If we get off, I suppose I shall get my 3;. 155. back. If they should ask me how 1 came by so much money, what would you say? I don't think I shall say anything until next time we come up. I think I can get some one to come up then, and say they gave it to me.' Tom answered, 'I could get somebody.' Charles Potter then said, 'We shall go to the Sessions.' John Scully said he did not think so, at least he did not think he should, as he had two witnesses to prove that he was in bed by one o'clock. John Scully then called Susan, and said, 'You slept with me that night; I left you at the King's Head, at a quarter before one; and when you came home, you found me lying on the bed, with my hands all over dirt, and that they had been bleeding, but they were not bleeding then, and that I was drank.' The female prisoner then answered, 'Yes.—I was then called from the passage."
Cross-examined. Q. You wrote that after being in the passage? A. Yes I wrote it down at home—I was on duty—I left the cell about eleven o'clock, and went home about two—I had been before the Magistrate previous to writing this, but was not examined then—I repeated the whole of the conversation there last Monday—that was not before I wrote it—I reported to the inspector what I had heard, perhaps three quarters of an hour after, and was ordered to attend the Court that day, but was not examined—I was before the Magistrate on the Tuesday, on other business, but did not mention it then—it was understood there was to be a remand for a week.
Potter. At the first examination, Hodgson told the Magistrate the things were at his mother's a fortnight or three weeks back—I have not been in her house for ten weeks—I left the King's Head at a quarter to one o'clock, wishing the people in the tap-room good night.
SCULLY— GUILTY . Aged 22
POTTER— GUILTY . Aged 20.
Transported for Fourteen Years.
NEW COURT.—Thursday, December 17th, 1846.
Sixth Jury, before Mr. Recorder.
(The prisoner received a good character.)
GUILTY . Aged 12. Confined One Month.
GUILTY . Aged 31.— Confined One Month.
GUILTY — Confined Two Months.
PIETRO MOLINERI (through an interpreter.) I live at No. 21, Vine-street—I am a looking-glass maker—the prisoner was in my service. In conesequence of information I went to some lodgings which I understood to be his, at No. 22, Portpool-lane—I found there ninety-nine unframed looking-glasses, some quicksilver in bottles, and some old quicksilver that had been scraped from old glasses—I believe them to be part of my property.
Prisoner. He found them in my room, but they do not belong to him. Witness. I have been losing articles of this description for some time—the prisoner had access to them when he was working on my premises.
ELLEN BATTELL . I live in the house where the prisoner lodged with his wife—I saw those things found in the room he occupied—I had noticed some things in the cupboard, and took some steps to ascertain whether it was quick-silver in the bottle, and in consequence of my suspicions I gave information to the prosecutor, when he returned from Italy eight weeks ago.
Prisoner. The reason she says something against me is, that I suspected her, and told my wife not to let her into the room—she has a shirt belonging to me—I asked her three times for it—she has pawned her husband's shirts. Witness. I was passing by Newgate, I called in, and he gave me a shirt for his wife to wash—I have not brought it back, but I will send it him, I do not want to keep it—I pawned a blanket from a furnished room where I lodged, when my husband was out of work, but it was got out again—I asked his wife to wash his shirt, and she would not—she said he was not worth it, I might do it if I liked.
GEORGE JOLLIFF (police-constable G 209.) I went to the room—I Saw these things there, and took the prjsoner—he said the property was all his own—the sij are the glasses—some are plain, and some silvered.
PIETRO MOLINERI re-examined. I never mark my glasses, but I believe these to be mine—I lost glasses of this size, and in this state, and more than these—I lost three or four dozen at a time—the prisoner carried on business on his own account—I employed him at weekly wages—what he did was on my premises—he was not at liberty to take anything away to work on at home.
Prisoner. I never took anything from the prosecutor—I bought the property—I cannot call any witness—the person I bought it of is gone to Spain—I worked nine months in the prosecutor's house—he never found me to take anything from the house—when I had the first hearing, Battell told me to say that I took it from the shop.
GEORGE JOLLIFF re-examined. This is Mr. Greenwood's handwriting to this deposition—I saw him sign it—(read—"The prisoner says,'I understand all they say—I have nothing to say")—that is true—he was asked over and over again.
GUILTY . Aged 39.— Confined Six Months.
WILLIAM AULT . I am a shopman to Joseph Dean, a tailor, in Leicester-square. The prisoner was in his employ as errand-boy for about five weeks—I put a piece of waistcoating in a box in the shop on the 27th of Nov.—I missed it—when the prisoner went away in the evening I followed him, and found him in a public-house in Covent-garden—I told him there was a piece of waistcoating lost, and he must come back with me and find it—he said, I "Very well," and came with me—when we got as far as St. Martin's-lane, he wanted to go and tell his mother—I refused, and took him to the shop—he denied it for some time, and then said would I forgive him—I said I could not, and asked if he had it—it was found on him—this is it
Cross-examined by MR. PAYNE Q. You are not the proprietor of the shop? A. No—this is composed of silk And cotton—we call it in the trade, "silk"—it does not go by any other name—it is not called cloth.
COURT Q. Is it not called waistcoating? A. Yes—no one would have any doubt of that—it is woven.
(The prisoner received a good character, and a witness promised to take him into his employ.)
GUILTY . Aged 14.—Recommended to mercy by the Jury Confined Fourteen Days.
JOHN ROBERTSON . I live at No. 35, Queen's-buildings, Brompton. On the 30th of Nov. I left my stable, in the New-road, safe at five o'clock in the evening—I locked it myself, and between seven and eight I found it broken—the lock was taken off—I lost a saddle, a bridle, chaise-cushions, and covering—I know nothing of the prisoner—he resides about 200 yards from my stable.
WILLIAM ORGAN . I lived at No. 35, Exeter-street, Sloane-street, as servant to Mr. Wilcox, a cow-keeper—I met the prisoner in the New-road, about eleven in the day, on the 1st of Dec.—he asked if my master wanted to buy any harness—I said I did not know—he asked whether he would buy any cushions—I said he might buy cushions—he said he wanted 4s. for them,
that he could cut them up and sell the horse-hair for 3s.—he said the cushions were covered with blue cloth, and he had a chaise-cover, which he could sell him to cover his cart, and a bridle—I said I heard that a gentle. man's stable was broken into, were they from there?—he said they were—I asked him if he was not afraid of the policeman seeing him—he said, "No," he had watched him and walked behind him—he showed me a chisel—he said it was what he took the lock off with, and he could take off forty such locks in ten minutes.
Cross-examined by MR. COOPER. Q. Had you known him before? A. I had seen him—I had not known him particularly—he was not a friend of mine—he told me this openly in the street—other persons might have heard him if they had passed by—I told a policeman of it when I came from my master's about one o'clock, but I told my master as soon as I went home, about five minutes after eleven o'clock—I have left my master because I had an accident, and got a horse on the path—that was the only reason.
ROBERT BIRD I live at No. 7, Lower North-street, Chelsea. On Monday night, the 30th of Nov., I was set to mind a pawnbroker's shop, in Exeter-street, Chelsea—I was outside—the prisoner came and asked me to let him in—it was past the hour that pledges are taken in—he told me to go in to my master and say, "Here is a man with a saddle"—I carried the message, and took to the prisoner the answer to go away, as it was too late that night, and he left—I saw he had a saddle and two cushions—I saw the corner of them—they were covered with blue cloth.
Cross-examined. Q. What makes you recollect it was the 30th? A. I do not know—it was Monday night—I think it was three days before I went before the Magistrate—it was between seven and eight o'clock—we generally shut up at nine o'clock, but the private door was shut that night—I had never seen the prisoner before—I know he is the same man, because I saw him come that night—a great many people come to that door to pawn.
Cross-examined. Q. You have known his father? A. Yes, he has lired next door to me for two years—he is a respectable man, and works at the Pantechnicon—I know nothing against the prisoner.
COURT. Q. How far is the pawnbroker's from the stable? A. 200 or 300 yards.
Prisoner. What I stated to Organ was merely out of a lark—I did not take it, I declare as I stand here—if Bird swears to seeing me, it is false-Organ did not mention it till the last examination—living so near where the robbery was committed, the news came to my father's house, and when I came home in the evening, my sister mentioned the facts to me—I should not have known about it otherwise—I was not in the neighbourhood that day—I was in doors from twelve o'clock, all the afternoon, till seven o'clock in the evening, when I went out with a young man, from his mother, with a basket of linen, to Regent Quadrant; I did not show a chisel; it is false.
COURT to ROBERT BIRD Q. Did you know the prisoner before that time? No, I only saw him come to the door—I recollected him at once when I saw him again—it was within a day or two that I went before the Magistrate—I know where Organ worked—I do not know how long I was in conversation with the prisoner—I only saw Organ when he came down to
the station—I am quite sure the prisoner is the man—there was a gas-lamp over the door when he came—there was a strong light on his person.
COURT to MAURICE MULCAHY Q. Did you find anything on the prisoner? A. No, only 2s. 7d. in money—I told him what I had heard from Organ—fee did not deny it, only said it was out of a lark—I did not speak to him about the chisel—I spoke about the saddle and the cushions—Organ mentioned nothing of the chisel or wrenching the lock till the last examination—I know nothing against Organ—I believe he is a hard-working lad—Bird had described the prisoner before he saw Organ—he described his dress and the cushions—Bird was taken to a room in the station—there was no one similar to the prisoner in the room—I have made inquiries at livery-stables in the neighbourhood, to learn whether these things have been disposed of—I have not succeeded in tracing them—I have known Bird some time—he bears a good character—he goes to school.
(The prisoner received a good character.)
GUILTY . Aged 18.—Recommended to mercy by the Prosecutor and jury.—
Confined Three Months.
Before Edward Buttock, Esq.
JOHN THOMPSON BUTTON . I am master of the brig Crocus, which laid at Mill-hole. On the 3rd of Dec. I received 55l., all in new sovereigns, except four—I went to Mr. Birkett, the Green Dragon, and gave him 30l.—I laid all the money down on the counter—I counted out 30l. for Mr. Birkett, and 25l. for myself—I put it into my bag, tied it up, put it in my trowsers pocket, and returned at half-past five o'clock to go to New Crane-stairs, to go on board my ship—I met the prisoner Brian close to the landing-place—I went with her to the British Queen public-house in Gravel-lane—we had some gin—I changed a sovereign there—I took it from out of my bag in her presence—I returned the bag into one pocket, and the silver into the other—I went across to Mrs. Freeman's, and saw her—she required 2s. for a bed, which the girl paid—I went up stairs, pulled my coat off, went to bed, and fell asleep—Mrs. Freeman did not say anything more to me about money before I went to bed—my bag was in one of my trowser's pockets, and the silver in the other—I went to sleep with it in that way—I never had my trowsers off, only my hat and coat—when I awoke in the morning I missed my money—I said nothing to Brian about money till the morning—I never saw her any more till the morning—I then said, "Where is the bag?"—she said, "That is all right, Mrs. Freeman has it; do you know what you had in it?"—I said, "Yes, twenty-four sovereigns"—she said, "Oh nonsense, you had but six"—I said, "Oh you villain! you have robbed me"—I put on my coat, and was going to strike her in the bed—she got out, and by that I saw some silver slip from under her pillow—I shoved the pillow back and swept the silver into my hand on the bed, and put it into my pocket—I went down stairs to Mrs. Freeman, and asked for my money—I saw her and her husband run through from one room to the other—I heard money jingling in the drawer—I said, "Oh you villains! you have my money"—I called out, "Police?" and some persons at the door called out, "Police!"—the policeman came—Mrs. Freeman gave me my bag with six sovereigns in it—I delivered it to the policeman—during that time Brian came down stairs and said, "You have not got it all, sir, here is sixpence more; you never paid me anything," and she ran out of the house—I was so agitated at the time that I had not sense to stop her.
Cross-examined by MR. DOANE. Q. Is that all you have to say? A. Yes—I believe I have not said more than I did before the Magistrate—Brian told me there were only six sovereigns when we were in the bed-room together, in the morning—I began to be troubled, and went down stairs to Mrs. Freeman—I did not swear that I called for Mrs. Freeman and she brought up the bag—I have no recollection of anything of the kind—this is my signature to this deposition—I was sober when I went before the Magistrate—(read—"I began to be troubled; I called to Mrs. Freeman; she brought up the bag."
Q. How came you to swear now that you went down stairs to her? A. I did—there is an error there altogether—I can recollect better now than I could before the Magistrate—I was not sober when I went into the house—I was rather intoxicated, but knew what I was doing—the first thing that occurred in the morning was, I asked Brian for the bag—she said it was all right, Mrs. Freeman had it—I went down—Mrs. Freeman counted six sovereigns and gave me and the bag—I never counted them afterwards, because I saw my quantity was not there—the money was taken out of my pocket while I was asleep—I never gave instructions to Brian to give the bag to Mrs. Freeman to take care of it—there can be no mistake about that.
Q. (Reading the deposition,) "I went to the prisoner Freeman's house with Brian; I paid 2s. for the bed; Freeman said to me, 'Whatever you have got about you you had better give it me, and it will be safe for you in the morning;' I then gave the bag to Brian; I saw there were twenty-four sovereigns in the bag, and she gave it to Freeman," was that true? A. It is false-swearing—if I swore to that I was insane.
CHARLES ROGERS . I was assistant to Mr. Groombridge, a pawnbroker. Brian came to the shop in the morning of last Friday week—she purchased a black dress, and paid for it with a sovereign—I saw other silver in her hand.
MART OLIVER I am the wife of Francis John Oliver. On the morning of the 4th of Dec. Brian came and told me she had paid off of a dress at a shop opposite—she did not like it, and wished to change it for a better one—she asked me to go and choose her one—I refused several times, but at last I went with her—she did not like one at that shop—she went on to Groom-bridge's and made the purchase.
WILLIAM KEELING (police-constable K 175.) In consequence of information I went to Freeman's house, in New Gravel-lane—the prosecutor was there—he gave her into my custody, and said he had been robbed of his bag during the night—Mrs. Freeman said he came with a girl about twelve o'clock the night previous—that they paid 2s. for the bed, and went up stain, that shortly afterwards the girl came down and said she should go, as he had given her nothing—that she told the girl she could not go till the morning—that the girl went up stairs again, and shortly after brought the bag down and said, "Here is his money, will you take it?"—she said, "No," and the girl went up stairs—that on second consideration she thought she had better go and take it from the girl, which she did, and in the morning the man cried out about his money, and she gave it to him just as she received it.
Cross-examined. Q. You have known Freeman? A. Yes, five or six years—I never heard any charge against her.
CHARLES POTTER (police-constable K 212.) I apprehended Brian—I told her it was for robbing a captain of 24l.—she said she knew nothing about it—I found her hand was closed, and asked what she had got—she said, "Nothing"—I opened her hand, found in it two half-crowns, a sixpence, and 11d. in copper—I asked if she had any more—she said, "No"—I took her to the station.
Brian's Defence. I met the prosecutor in Ratcliff-highway; we had a quartern of gin, and then he agreed to stop with me all night; we came to Mrs. Freeman's; she came up stairs, and asked him for his purse; he did not agree to give it her at first, and then he gave it me, and I handed it to her; he did not accuse me till he found the purse was gone.
280. HUGH ROBERTS was indicted for stealing 4 pieces of handkerchiefs, value 7l.; 50 handkerchiefs, 10l.; 35 yards of silk, 102.; 1 shawl cravat, 9s.; and 1 shawl, 15s.; the goods of David Evans, his master: and RICHARD MARSHALL , for feloniously receiving the same, well knowing them to have been stolen: to which
ROBERTS pleaded GUILTY Aged 33.
MARSHALL pleaded GUILTY Aged 35.
Recommended to mercy, having received a good character.
Confined Eighteen Months.
281. CATHARINE HOARE was indicted for stealing 1 towel, value 6d.; 6 candles, 4d.; 60z. weight of soap, 2d.; and 2oz. weight of soda, 1 1/2 d.; the goods of Frederick Burgoyne Harrison, her master: and MARY HENESSY , for feloniously receiving the same, well knowing them to have been stolen.
MR. DOANE conducted the Prosecution. WILLIAM POCOCK (police-sergeant T 14.) On the 2nd of Dec., about half-past seven o'clock in the morning, I saw Henessy in Drury-lane with something under her cloak—I could not see what it was—I followed her to No. 10, Coal-yard, Drury-lane—she was about opening the door—I asked what she had under her cloak—she said, "A box"—I asked where she had brought it from, and what it contained—she said she did not know, she had picked it up in Drury-lane—I took her to the station—I opened the box—it contained these six new candles tied with a piece of string, a piece of soap, some soda, and some dirty linen—I saw"—Brown, Esq., 32, Tavistock Hotel," on the box—I went there, and saw Hoare—I asked her if she had any friend living in Drury-lane—she said a mother, living with Mrs. Henessy—I asked if she had seen Mrs. Henessy that morning—she said, yes', and she gave her a candle, and some small things—I went to Henessy's lodging, and found a towel with a piece cut out of the middle.
Cross-examined by MR. BALDWIN. Q. You found some dirty linen in the box; did you ascertain whose that was? A. Yes, Henessy's—I gave it up to her—I did not tell Hoare it would be better for her to tell the truth—she said "one candle, or" a candle.
Hoare. I said there were five or six.
ANN ARNOLD I am housekeeper at the Tavistock Hotel; Mr. Frederick Burgoyne Harrison is the proprietor—Hoare was in his service for about five months—I never saw Henessy before—this box has evidently the direction of some person in the hotel—these candles are mine—they are made expressly for the use of the hotel—they are bed candles, and are made short to prevent accidents—there is nothing particular about the soap—on Tuesday mornings I give out a portion of soap and soda to each of the eight housemaids—these appear to be a portion of what I had given—it is in a parcel—there is no mark on it.
Cross-examined. Q. Has Mr. Harrison any partner? A. Not that I am aware of—these things are his property—I give each housemaid a portion of soap and soda for the use of the house, not for their use at all—I do not include
candles—I do not inquire whether the quantity given the week before has been used—I give out the allowance regularly as a matter of course—I can identify these candles—they differ from all others—I have lived there thirty years—we have changed our tallow-chandlers, and have always had to furnish them with a pattern, as they never make such for any other person.
282. ELLEN SWEENEY was indicted for stealing 2 pairs of boots, value 11s.; and 1 pair of shoes, 3s. (6d.; the goods of Frederick Marsh, her master: and CATHARINE HOARE , for feloniously receiving the same, well knowing them to have been stolen.
MR. DOANE conducted the Prosecution.
WILLIAM POCOCK (police-sergeant T 14.) I went to the Tavistock Hotel, and searched Hoare's box there—I found this pair of boots in her box—a duplicate was found on her at the station, for another pair of boots—I went to Mr. Marsh's the same day, and saw Sweeney, who was servant there—I told her she was charged with being concerned with Henessy and her sister, who lived at the Tavistock, with stealing boots and shoes—she made no answer—I took her to her bed-room, and searched her box—I found a silver pencil-case in the bottom of her box—I took her to the station, and the female searcher found a pair of new shoes on her—on the following Friday I went to Mr. Marsh's to remove Sweeney's boxes, and in looking over her clothes I found another pair of new shoes folded up in her clothing.
Hoare. The boots found in my box were given to me.
FREDERICK MARSH . I am a lady's boot and shoe-manufacturer, and live at No. 148, Oxford-street. Sweeney was in my service as cook—this pair of boots and shoes are mine—Sweeney had no right to take any of them—I am sure I had not sold them.
COURT Q. How many persons serve in your shop? A. Seven—I do not serve—I know these were not sold—it is our invariable practice when they are sold to cut the string and part them, and these are not cut—everything that we sell is booked—I do not find any of these booked.
SARAH MARSH I am the wife of Frederick Marsh. Sweeney was in my service—I know Hoare, who lives at the Tavistock Hotel, is her sister—I allow Hoare to visit her sister—I have seen her there—I know this property—I am sure it has not been sold—we always cut the boots and shoes apart when they are sold—it is an universal rule—they are never sold without—I serve in the shop.
JURY. Q. Are the boots cut? A. They are—when they are bought and brought back and exchanged, they are put on a table near the staircase door till they are fastened together again—I never sold these to either of the prisoners.
SWEENEY— GUILTY Aged 47.
HOARE— GUILTY Aged 27.
Confined Three Months.
283. ELLEN SWEENEY was again indicted for stealing 2 pairs of shoes, value 5s.; 1 table-cloth, 2s.; and 1 napkin, 1s.; the goods of Frederick Marsh, her master; and MARY HENESSY for feloniously receiving the same, well knowing them to have been stolen.
MR. DOANE conducted the Prosecution.
WILLIAM POCOCK (police-sergeant T 14.) I took Sweeney into custody—this pair of shoes was found on her person at the station—I found a duplicate at Henessy's lodgings relating to two pairs of shoes—I found these shoes afterwards at Mr. Webb's, the pawnbroker's—I found this table-cloth and napkin at Henessy's lodging, and two letters, posted in Oxford-street, directed to Henessy, No. 10, Coal-yard, Drury-lane—I found them in Henessy's drawers, at her lodging, where her husband is living—these are the letters.
Cross-examined by MR. BALLANTINE Q. Who told you it was Henessy's lodging? A. I took it from her own lips at the station—Hoare's mother was lodging with Henessy.
Cross-examined. Q. Did you ever see her write? A. I have received letters from her when she was in the workhouse, before she was in my service.
(Letter read—"My dear friend, I wish you to 'call on me. I have prepared a small parcel for the children. Kitty promised to call yesterday; she has not been; I am uneasy about it. If you can come I shall be glad. Come in the court. I hope poor Jenny is better. E. SWEENEY Come about 11, or soon after."
Mrs. Henessy, I wish you to call to-morrow early. I will give you the gown and shawl, if they will be of any use to you. I am very sorry you want it. Be sure come before seven o'clock. Don't ring the bell. Your well-wisher, E. SWEENEY.")
JOHN GILBERT Fox. I am foreman to George Webb, a pawnbroker, in Holborn. I produce two pairs of new shoes, pawned at his shop on the 9th of Oct. by a female, in the name of Henessy—I know the prisoner Henessy, but I cannot swear she is the person who pawned them—the duplicate produced by the policeman is the one I gave for them.
Cross-examined by MR. BALLANTINE Q. How do you know these have not been sold? A. They were a pair bespoke, and put away in a case, whence I know they have been taken by some one that did not buy them—I cut them out myself—I do not cut all—I can tell the man who made them—he is not here—they are wider in the tread than we generally make them.
GUILTY . Aged 14.— Confined Two Months ,
(The prisoner received a good character.)
285. JOHN WHAITE was indicted for stealing 252 yards of ribbon, value 3l.; 20 handkerchiefs, 17s.; 12 half-handkerchiefs, 12s.; 2 boas, 6l.; and 3 razors, 3s.; the goods of the Eastern Counties Railway Company, his masters; to which he pleaded
GUILTY . Aged 19.— Confined Eighteen Months.
JOSEPH PRICE (police-sergeant H 5.) On Friday night, the 20th of Nov., I took Whaite into custody, on another charge—Clare delivered me this tea-caddy in Whaite's presence—I had seen the caddy before, in the lodging of another porter of the Eastern Counties Railway—Whaite said, "It is mine, and in it you will find a gold watch, which my grandmother gave me eight years ago"—he said she was a lady and was dead—I opened the caddy in his presence, and found this watch.
LYON SAMUEL . I am a jeweller, and live in Bury-street, St. Mary Axe. Morgan lived with me about three months, and has left about three months—before she left I missed a gold watch, on a Sunday—she came on the Monday or Tuesday—she did not live in my house, she only came to nurse a child—I said to her, "Have you seen a watch? I had a watch here, and it is gone"—she said she had seen none—it is a watch I took in exchange, and I wore it, but I should have sold it if I could—I said no more about it—Morgan left on the Thursday afterwards—she did not tell me she was going—she never returned—this is the watch—I described it to the officer before he found it—there is not another watch in London like it—I know it quite well—it was safe on the Sunday and gone on the Monday—I had no suspicion of Morgan.
Morgan, I found it in the dust in the cellar—it had no glass.
ROBERT PLOW RIGHT (City police-constable, No, 664.) On the 24th of Nov., in consequence of information, I took Morgan's sister into custody about the watch—I took her to Worship-street Police-court, and there Morgan was pointed out to me—I took her, and her sister was discharged for want of evidence—Morgan told me she had found the watch in the dust-hole, and one of the hands were broken—I was present at the examination before Mr. Bingham—Whaite was there as well—I believe the signature to this deposition is Mr. Bingham's writing.
JOSEPH PRICE re-examined. This is Mr. Bingham's writing—(read—"The prisoner Morgan says, 'I found the watch in the dust-bole; the hands were bent, and there was no glass to it; the reason I left was my sister being ill; I told my sister I was going; I gave the watch to my sister the same night—she showed it to Whaite in a public-house; he said he would have new hands put to it; he put it into his pocket and did not return it; my sister was going to be married to him."
Witnesses for Defence.
ELIZABETH BURROWS My husband keeps a coffee-shop in John-street. Whaite lodged with me—he brought this watch home one night, and said, "Mistress, look here; the girl I keep company with has given me a watch?"—I said, "Is it gold?"—he said, "She says it is, but I dare say it is not; she could not afford to buy it, she is only a dress-maker; I dare say it is metal"—I took it and said, "It is broken, it is worth about 305."—he said, "I wish you would let your girl get a glass to it"—she did get one—I said, "I will take care of it"—he used to give it to me to mind all the week, and wore it on Sundays—I should think it was three or four months ago that he brought it.
COURT. Q. He brought it about four months ago, and your girl was to get a glass to it? A. Yes—I told her to ask if it was gold; and she brought word that it was, and was worth about 4l.—he put it into the box—he said his grandmother gave him the box, and he gave it me to mind.
W BENJAMIN THOMAS BURROWS. I am the husband of Elizabeth Burrows. I have seen this watch ever since it has been there—I have seen Whaite take
it from my wife on several different Sundays—he has lodged with me seven or eight months—I never heard anything wrong of him.
MORGAN— GUILTY . Aged 17.—Recommended to mercy by the Prosecutor.
Confined Four Months.
WHAITE— NOT GUILTY
SUSANNAH ARMSTRONG I am single—I keep a house in Lucas-street, Stepney—the prisoner came to my house on Saturday, 31st Oct., to measure for a square of glass, in one of my top back rooms—I left him in the room for about five minutes—I then went up, and saw him coming out of my room—I had had four half-sovereigns, and one sovereign in a little box on my dressing-table, in the room where the prisoner had been—I went for some money, and missed a sovereign and a half-sovereign—they had been safe at four (Mock on the Friday afternoon, and this was between eleven and twelve on Saturday—no one but the prisoner had been in the room—there was no servant or charwoman.
Cross-examined by MR. BALLANTINR Q. Is there nobody in the house but yourself? A. No—I had a lady and gentleman, and I wait on them—the gentleman and his lady were out on the Friday, and came home about eleven o'clock in the evening—I let them in—I mentioned about this three weeks afterwards, when the prisoner was in custody on another charge.
JOSEPH SKEFFINGTON ASHTON . 1 am clerk to a brewer—I lodge in Lucas-street, Commercial-road. On Tuesday evening, 24th Nov, I missed a crimson scarf from a box in a cupboard in my room—it was mine, and had, been safe on the Saturday before—this now produced is it—I also lost this collar out of the same cupboard.
WILLIAM SMITH (police-constable 220 K.) The prisoner was given into my custody, on a charge of stealing a scarf—he said he knew nothing about any scarf—he gave his address at No. 13, Jewin-street—I went there, and was shown his room by his grandfather—I showed him a key—he opened a box with it, and I found in it this scarf and collar.
Cross-examined by MR. BALLANTINE Q. Some time ago he was convicted? A. Yes—he has been working since that—he worked two months on those premises—he is not very strong.
GUILTY . Aged 18.— Confined Six Months ,
COLE pleaded GUILTY . Aged 15.— Confined Six. Days.
CHARLES MASON . I am watchman to Mr. Thomas Joseph Ditchbum and another, at Poplar—Hodgkiss was in their service. On the evening of the 24th Nov. I stopped the prisoner Cole coming out of their premises—I found some property on him—I spoke to Mr. Ditchhurn—he sent for Hodgkiss, and asked him how he came to send Cole out with the two pieces of iron—he said, don't know, I am very sorry for it—I acknowledge the property to he yours, it is the first time I attempted to take anything out, or send anything out—I hope you will look over it."
Cross-examined by MR. BALLANTINE Q. Hodgkiss is very deaf, is he not? A. Not that I am aware of—there was no appearance of deafness about him—my master is not here.
DANIEL CHAPMAN (police-constable 134 K.) Cole was taken on the 27th of Nov.—on the morning of the examination I saw Hodgkiss, about eleven o'clock, outside the Thames Police-office—I asked him if he knew anything about the two bars of iron—he said not—when the charge was given, the sergeant asked him if these two bars were made out of Mr. Ditch burn's iron—he said they were.
Cross-examined. Q. How came you to ask him whether it was Mr. Ditchburn's iron? A. Cole represented to me that he did not take it out for himself, but for Mr. Hodgkiss.
HODGKISS— NOT GUILTY
THIRD COURT.—Thursday, December 17, 1846.
Before Mr. Common Sergeant Jury half foreign,
290. WILLIAM HENDERSON was indicted for breaking and entering the dwelling-house of Richard Leach, at St. Dunstan-in-the-East, and stealing 2 watch-keys, value 5l.; 20 seals, 15l.; 12 rings, 3l. 10s.; and 1 brooch, 2s.; his goods: and that he had been previously convicted of felony.
HENRY LEACH . I am in the employ of my father, Richard Leaob, of No. 5, Great Tower-street. On the 4th of Dec, about six o'clock, I was in my shop—a large stone was thrown at the window—I next saw the prisoner's hand inside the window, taking up a tray of jewellery—he took it out of the window, and threw it down on the pavement—it contained twenty seals, twelve rings, and two watch-keys—I did not pick them up myself—the prisoner was secured, and I saw him drop a gold key and a black brooch—he was never out of my sight.
JOHN SUMMERFIELD (City police-constable, No. 533.) A few minutes past six o'clock in the evening I was in Thames-street, and heard a cry, and saw the prisoner—I ran after him, and stopped him—he dropped this brooch and key—I took him back to Mr. Leach's shop—in searching him this key dropped from his clothes—I saw Leach take this brooch from his pocket.
JOHN LEWIN (policeman.) I produce a certificate of the prisoner's former conviction—(read Convicted, December, 1844, and confined one year)—the prisoner is the person tried and convicted—it was for robbing the same prosecutor.
GUILTY . Aged 34.— Transported for Seven Years.
Second Jury, before Mr. Common Sergeant.
291. GEORGE BROWN was indicted for stealing 150lbs. weight of rope, value 12s.; and 541bs. weight of iron, 5s.; the goods of Thomas Fletcher, in a port of entry and discharge.—2nd COUNT, stating them to be the goods of John Scott and another.
JAMES M'ARTHUR . I am chief officer of the ship Coromandel, belonging to John Scott and another. The prisoner was employed on board—I have lost 150lbs. weight of rope—I did not miss it till the officer of the dock came to me—I had seen it safe between decks about two weeks before—the ship was in the docks—the rope is here, and is my master's—the prisoner had no business with it.
ROBERT TAYLOR . On the 12th of Dec. I stopped the prisoner coming out of the docks—he had 150lbs. of rope concealed under a quantity of wood, in his truck, and a small quantity of rope on the top—he said, "That is all I have, Mr. Taylor"—a constable said, "What have you got at the bottom?—I took down the tail-board, and found the rope.
Prisoner's Defence. I was employed to clear out the bold of the ship, and was to have the rope, and matting, and stuff, for my trouble; I cleared the hold out, and was on board a week and two days; I asked the mate for a pass—he said, "What do you want to put in it?"—I said, "Rope, matting, &c, &c."—Mr. Taylor asked what I had in the pass—I said, "I don't know, I can't read"—he said, "Have you any more rope?"—I said, "No," because the mate's pass will not permit any rope to be taken out.
JAMES M'CARTHY re-examined. None of this rope is old—it is good, serviceable rope—he had no right to have it—he could not have taken it by mistake—it was two distinct ropes, but has been cut up since—it was down in the bottom of the ship—I was present when the arrangement was made with the captain—the prisoner was not to have all the rope, only a portion of dirty rope, which was useless—he had no business to take the iron—it was three check blocks—it was not in the pass.
Prisoner. The iron was with the dirt and things that I took out of the forecastle.
NOT GUILTY .
JOHN BABBAGE PEPPER . I keep the Three Crowns public-house, Mileend-road—the prisoner was in my service. I went with the officer, had her box searched, and found a bottle of rum, which I believe to be mine—it corresponds in quality of flavour, and in every respect, and the bottle also—the prisoner had no business with it
Prisoner. The boy had access to they spirits; I was never in my master's warehouse but once since I have been there; I had just got leave to go to see my sister, when my master came in with a policeman; I did not know the bottle was in my box; my box was never locked; I had a quartern of rum and shrub with the boy, as it was very cold; I paid for that Witness, I had no reason to suspect the boy—he is seventeen or eighteen years of age, and has been with me six weeks—I found the prisoner bad been drinking in the afternoon, and that excited my suspicion.
NOT GUILTY .
HARRIET FINCH . I am single, and am a milliner, and live in King-street, Hammersmith. On the 3rd of Dec, between three and four o'clock, I had some handkerchiefs safe—I missed them between seven and nine o'clock in the
evening—these produced are them—there were marks on them, but they have been taken off—the red one is damaged, which enables me to swear to it.
H. MAYNARD— GUILTY .** Aged 16.— Transported for Seven Years.
J. MAYNARD— GUILTY . Aged 12.— Confined Seven Days.
MOSES BENJAMIN . I am a fishmonger, and live in Duke-street, Aldgate. The prisoner was in my service—on the 18th of Dec, about one o'clock, I found her stupidly drunk—I missed my window-curtains—these produced are mine, and were left in a chest in the second pair of stairs room—I can. not tell whether the chest was locked or open—the prisoner had no business with them.
ROBINSON WEBB (policeman,) I took the prisoner, searched her, and found the curtains in her apron. I asked where she got them from—she said she brought them from Ireland—I asked where she had been living—she told me to find out, it was no business of mine.
Prisoner. Q. Did not I come to the police-office of my own accord? A. I do not know.
Prisoner's Defence. My mistress gave me the curtains.
Prisoner. You did, and you said the Lord strike you dead if you did not make me leave your house that morning; I went to the station, not as a drunkard, but to get my wages.
GUILTY .—Aged 22.— Confined Six Months.
DAVID FOGAN . keep a baker's shop in Hatton-garden. I heard a smash of glass in the window, ran out, and a man told me something—I overtook the prisoners together, and took them back—Hicks took a loaf out from under his frock—Furness had another, and commenced eating it—I believe them to be my loaves, but cannot exactly swear to them—I told Hicks he had broken a square of glass and taken some bread—he said he had not, that Furness had broken it, and he took the bread.
Hicks. I did not say I broke it; 1 found the bread on the step of the door.
Furness's Defence. did not break the window.
Hicks's Defence. found the bread at the door; I did not know the window was broken.
MR. FOGAN re-examined. My loaves were not at the door—they could not get there.
FURNESS— GUILTY . Aged 23.
HICKS— GUILTY . Aged 23.
Recommended to Mercy.— Confined One Month.
JOHN BROOK DUNNINGHAM . keep a grocer's shop in Seymour-street, Somers-town. In May last the prisoner was in my service—I sent him to take some tea to Miss Bromley, of New Turnstile—he was to bring some more back—he never came back.
Prisoner. Q. Was it your tea I was to bring back? A. Yes—it was sent by mistake, and I sent some more to rectify it.
Prisoner. Q. Am I the person you gave it to? A. Yes, as far as I know.
FRANCIS MANSER (policeman.) I took the prisoner in St. Pancras Workhouse. He said he came up from the country on purpose to have it settled one way or other—at the station he said he sent the tea home by the boy, basket and all—he did not say what boy.
MR. DUNNINGHAM re-examined. sent no boy with him.
Prisoner's Defence. hat the prosecutor has stated is false; I never received the tea from Dunningham to take to Miss Bromley.
GUILTY . Aged 25.— Confined Two Months ,
ELIZABETH HEALD . I am a widow, and keep a stationer's shop in Lansdown-place, Fulham-road. On Wednesday night, the 9th of Dec, I was sitting in the parlour, heard a noise, and saw a boy crawling in the shop—I could not see his face, but the prisoner's figure is very much like him—I missed six smelling-bottles and a paper box—I have examined them since—they are mine. JOHN MARTIN. live in Park-walk, Chelsea. On Wednesday night I saw the prisoner and two other boys—Keefe was at the door, which was open, and Donovan and another boy were at the public-house door—I went on to my master's office, and saw them all four run across the road to a garden—I went after them, and overtook them under the Somerset Arms lamp, looking at something very intensely—they were out of my sight a little while.
HUGH GOULD . was passing, and saw four boys run across the road—the prisoners are two of them—about five minutes after, I heard Mrs. Heald had been robbed, and saw the four boys standing under the Somerset Arms lamp, and helped to take the prisoners into custody.
Keefes Defence, e went to the public-house to look for a man, and then made the best of our way to Chelsea.
Donovan's Defence. went to a man for a shilling which he owed me; I then crossed over the road, and was going home.
NOT GUILTY .
WALTER ELLIOTT . I am a leather-cutter, and live in Bedfordbnry. On Monday evening, the 7th of Dec., I missed a copper from my kitchen—it was safe half an hour before—this copper produced is mine, and the one I missed.
Prisoner's Defence, I had had a drop of drink, and was asked to sell the copper by a man who I did not know.
GUILTY .** Aged 23.— Transported for Seven Years.
MR. LAURIE conducted the Prosecution.
FREDERIC RUSSELL (City policeman 69.) On the 1st of Dec, about eleven o'clock in the morning, I was going along Holborn-hill, and saw the prisoner turn into Plough-court—he had a bag on his back, with something weighty in it—I followed him to a house in Field-lane, the back of the house is in Plough-court—I asked what he had got—he said he did not know—I asked where he brought it from—he said from his master, in Cheapside—I took the bag from him, and fouid in it this large iron grating, which I produce—I examined it, and found fresh sheep's-dung on it, and wool.
WILLIAM SHANKS . I am clerk of Smithfield-market. I have missed four gratings from there within the last month—this is one of them—it is the property of the Corporation of the City of London—it is worth 2l.—I missed it on the 7th of Nov.; but the Corporation were about contracting for fresh gratings, and I thought the contractors had taken them up—nobody was authorised to take the four gratings—the prisoner was not authorised to take any.
Prisoners Defence. I did not take it, I was going to Islington with it.
GUILTY * on the 2nd Count. Aged 18.— Confined Three Months.
OLD COURT.—Friday, December 18th, 1846.
MR. PAYNE conducted the Prosecution.
EDWARD TYE . I keep the George the Fourth public-house, Montpelier-square, Brompton. On the 21st of Nov., about twelve o'clock, I closed the doors of my house, went round the skittle-ground, put out the gas, went into the cellars, and saw everything safe—I was the last who went to bed—about seven in the morning, in consequence of what my niece said, I went down stairs, and found all my spoons and things strewed about the bar-parlour—the skylight over the kitchen had the glass taken out—there was space enough to admit a man—the skittle-ground door was broken open—I missed from a cupboard, among other things, silver tea-spoons, table-spoons, some knives and forks, and eleven German metal tea-spoons—these knives and forks produced are mine, and were stolen from my house that night—I will not swear to the metal tea-spoons—I believe them to be mine.
MORRIS MULCAHY (police-constable B 2.) I went with Susan Watts to a house in Clerkenwell, and saw the prisoner and his wife there—I told him I came to search his house, and did so—I asked him, in the presence of Watts
and a policeman, if he had given any money to his brother John, on Wednesday last—he said he had given him none for six weeks—I found five table-knives, four forks, and eleven German silver tea-spoons, in a cupboard—he said he had had them about twelve months—I took him to the station, and there he said that he bought the knives and forks about six weeks ago, of a hawking-cutler, and the spoons he had had some time.
Cross-examined by MR. BALLANTINE. Q. I believe you had a note-book as well as Brown? A. Yes—I took down in it what he said about having them twelve months—this is what I took down—(opening a book)—I took it down at the time.
Q. What does this mean, (reading) "Saw him about a week ago," &c.? A. That is the entry—I had no black book—the prisoner said at the Police-court, that if I referred to my book I should find it was six weeks, that he said then—I referred to my book and found it was twelve months—I produced the book before the Magistrate, but did not show it him—the entry was made in the room at the time—I went to his house on Sunday, 6th December.
MR. PATNE. Q. What does this "Saw him about a week ago" refer to? A. To his brother John—I saw Sarah Watts at the station with John the same day that I went to Thomas—John sent a message to his brother by Watts—the message was not delivered to Thomas—I spoke to him about the money that John had spoken of—the first part of the memorandum refers to that monev, and as to when he had seen John—Thomas said he had seen John about a week ago—this "said he bought the knives and forks about twelve months ago" refers to what Thomas said in the presence of Watts and a constable—there is a memorandum of the articles I found.
GEORGE BROWN (police-constable 41 B.) This paper is in my writing—I used it yesterday before the Court, in another case—it contains the substance of a conversation which I heard between John and Thomas Scully and others in the cells at the Vincent-square station—I was directed by my superior officer to hear what they said—this is the whole conversation, (the witness here read the same statement as in the former case, pages 216 and 217.)
Cross-examined. Q. When did you take that down? A. The same afternoon that I heard it—not while it was going on—about three hours alter—I took it down from memory—they laughed just where I have put it down—they might have laughed at another time, but I am certain they laughed then—I did not write it the next day—I wrote it at home the same day, that I might remember it—I was ordered by Inspector Barefoot to go into the passage between the cells—I cannot say whether that is a common habit—I was never employed so before.
MR. PAYNS. Q. Is the passage made on purpose for listening? A. No—it is for persons to go into the cells—when I made the memorandum it was quite fresh in my recollection.
NOT GUILTY .
MR. PAYNE offered no evidence.
NOT GUILTY .
302. FREDERICK WEBB and SARAH WEBB were indicted for stealing, at St. James, Westminster, 35l. Bank-notes, the property of Thomas Robert Andrew, in the dwelling-house of George Salisbury.—2nd COUNT, of Elizabeth Andrew.
MR. BALLANTINE conducted the Prosecution
ELIZABETH ANDREW . I am a widow, and live at Harlston, in North-amptonshire. On 3rd Nov. I was staying at Webb's hotel, Piccadilly—the male prisoner was waiter there—I had that morning put three 5l. notes, which I had received from my son, into my travelling-bag, and left the bag under a coat in the sitting-room—in the evening I found the bag opened and lying on the outside of a great coat, instead of being under it as it was when I left it—the 5l. notes were gone—I had received another 5l. note from my son before that, and paid it away to Mr. Davis, of Lamb's Conduit-street.
Cross-examined by MR. DOANE. Q. Did the prisoner wait on you? A. He was in the room generally—it was a private room—I do not know that there were any other waiters—there were no porters about my room—there was a chamber-maid, but she did not come into the sitting-room—the bag was in the sitting-room—it was not locked, but was fastened by a spring.
THOMAS ROBERT ANDREW . I am the son of the prosecutrix, and live at Harlston. On the 2nd of Nov. I delivered the male prisoner a check on Dennison's for 60l.—the head waiter brought me the change—there were eleven 5l. Bank-notes and five sovereigns—I gave one of the notes to my mother that day, and three more next day—I am sure I gave her four of the notes I received from the head waiter—the other six I paid to M'Crackin, and one I sent the prisoner with to get a post-office order.
Cross-examined. Q. Did he bring you that correct? A. Yes—I resided with my mother at the hotel.
JOHN LELAND. I am head waiter at Webb's Hotel, Piccadilly. The male prisoner was waiter there, and the only man who had to wait on Mrs. Andrew, unless he was absent, and then I did so—I received a check for 60l. from the prisoner, and delivered the change, eleven 5l. notes and five sovereigns, to Mr. Andrew—I gave him the same notes as I received.
ASHMON DAVIS . I live in Lamb's Conduit-street. I received a 5l. note from Mrs. Andrew—I did not take the number of it, but wrote Mrs. Andrew's name on it—I have seen it since—this note, No. 01029, is it.
THOMAS FORD . I am a clerk at Dennison's, in Lombard-street. On the 2nd of Nov. I changed a check for 60l., drawn by Mrs. Andrew—I paid eleven 5l. notes from No. 01025 to No. 01035 inclusive—I have seen the note No. 01029 from the Bank—it is one of them—I am certain I paid these notes for the check.
DOMINICO MELI . I am a clerk to John and Robert M'Crackin, Custom-house agents, in the Old Jewry. On the 3rd of Nov. I received from Mr. Andrew six 5l. notes—I entered them in a book without the numbers, and at four o'clock paid them into Barclay's bank.
Cross-examined. Q. Did you pay them in? A. No; our clerk did, who is not here.
JOHN LEWIS . I am clerk to Barclay's, in Lombard-street; M'Crackin and Co. have an account with us. On the 3rd of Nov. eight 5l. notes were paid in to their account—I have the entry in my own handwriting—it is a correct entry—I copied this, on this paper, from the entry I made in the book—the book is not here—I cannot state the numbers without referring to the memorandum.
GEORGE BENTLEY . I am a milkman, and live in Henrietta-street, Manchester-square. Some time ago the female prisoner came to my shop with a 5l. note—I gave her change for it—I afterwards paid it away to Mr. Bear, of the
Commercial-road—I did not take the number of it, but put a mark on it—this note, No. 01034, is it—I know the female prisoner—she is the male priesoner's wife.
Cross-examined. Q. You wrote on it? A. My wife wrote on it in my presence.
JAMES LEWIS ASHMAN (policeman.) On the 27th of Nov., between three and four o'clock in the morning, I apprehended the male prisoner in Bird-street, Oxford-street—I told him I had traced a note to him which had been stolen (the one passed to Bentley,) and that it was stolen at the time he Was at Webb's Hotel; that I was a policeman, and he must consider himself in my custody, and go to the station—he said, "Very well"—the female prisoner afterwards came and said, in his presence, that she received the note from him in a letter—he said that was quite correct—she said the same at Bow-street.
FREDERICK WEBB— GUILTY of stealing, but not in the dwelling-house.
Aged 29.— Confined Twelve Months.
SARAH WEBB— NOT GUILTY .
WILHEMINA THURLOW . I am the wife of Thomas Edward Thurlow; the prisoner was employed by us; she did not sleep in the house. On the 15th of Dec, about half-past ten o'clock in the morning, I went up stairs to my bed-room to get some change, and missed six half-crowns, thirteen shillings, four sixpences, and six fourpenny-pieces, which bad been locked up in a bureau—I had seen them there the evening before—the prisoner had been up there to sweep the room—my husband was out when I came home—I asked the prisoner if she knew where the money was, and said she had better tell the truth—in consequence of what she said, I found all the money in the copper—there was no mark on the money.
GUILTY . Aged 16.—Recommended to mercy by the Prosecutrix and Jury.—
Confined One Month.
JAMES JOHNSON . I am servant to Mr. Gray, of Earl-street, Blackfriars. On the 18th of Oct., between ten and eleven o'clock, I missed a great coat belonging to Mr. Robinson, from the stable—I had seen it safe at ten o'clock the morning before—the prisoner James was jobbing about the yard—I do not know when he was there last—he used to come backwards and forwards—I have seen the coat since.
Cross-examined by MR. PAYNE. Q. It has different buttons on it now, has it not? A. Yes, it had cloth buttons before—I saw the prisoner James there between one and two months after the coat was lost—a great many people come to the stables on business—I am ostler there, and am not always on the premises—the stable which the coat was in was on the left-hand side, not far up the yard.
JOSEPH DALTON (police-constable.) This day week, in consequence of information, I went with Johnson to a stable-yard, in Eagle-street, Red Lion-square—I was in plain clothes—I saw the prisoner William on a cab-box——we
engaged the cab, and told him to drive to the Fleet-street station—when we got there, we told him to drive in, and when we got in, we found the coat on his back—he was wearing it in his work—I said, "Where did you get this coat?"—he said, "I bought it of a Jew, in King's-road, Gray's Inn-lane, five or six weeks ago"—I went the same evening to the George, Waterloo-road, took the coat with me, and saw the prisoner James there—I asked him whether he knew that coat—he said it was his brother's—I told him his brother was in custody, and took him to the station—he then said he bought the coat of a Jew, in Stamford-street, Blackfriars-road, and sold it to his brother for 30s.—William was not present.
Cross-examined. Q. Did not he say something before the Magistrate? A. Yes—William Frost said before the Magistrate at Guildhall, that be bought it of his brother, but that he did not say so at first, because he thought there might be something wrong about it—that was added to my depositions last Friday, when James was before the Magistrate—I am always in plain clothes—he did not say it was bought of a Jew—he said he bought it of a Jew, seven weeks ago—I am quite sure of that—when I said five or six weeks just now, that was under the time—he stated six or seven weeks, at the station.
JOHN SMYTHE ROBINSON . I live in Middleton-square. I know this coat perfectly well—I left it in my gig, in Gray's livery-stables—it had cloth buttons then—they are different now—I know it by a private mark on it.
Cross-examined. Q. Where is the mark? A. Here (pointing to it)—I also know it by this moth place—I have had it about two years.
NOT GUILTY .
CHARLES POTTER (police-constable K 212.) On the 12th of Dec, between ten and eleven o'clock, I was on the bar at Shadwell Dock, in plain clothes, and saw the prisoner and another—I knew them both—they went to the bottom of the stairs—one entered the boat, and the other went off to a barge at Carpenter's Wharf—while he was gone, the prisoner came to me and said, "It is a cold night"—I made him no answer—the other went and took some coal out of Carpenter's barge, came back, the prisoner went to the bottom of the stairs to him, he gave the prisoner one lump, and took one himself—I took possession of the two lumps of coal—the men got away at the time—I took the name of the barge—I afterwards apprehended the prisoner—I told him I wanted him for stealing the coals—he said, "You know it is a poor old man in distress, with a large family at home"—on the way to the station I said, "We have had several complaints about coals there"—he said, "I am aware of that, it was distress drove me to it"—I pointed out the barge to the foreman.
Cross-examined by MR. DOANE. Q. Neither of them knew you? A. Not in the clothes I was in—I had a fan-tail cap on—I do not wear that often—while the other was gone away in the boat, the prisoner said it was a cold night—it was a bitter cold night for an old man to be out—I dare say a bit of coal would be a comfort to him—he was not on watch that night—he does occasionally watch there—the coal is valued at 1d.—the boat was adrift—I cannot say what else was in it—the barge laid about twenty yards from the wharf—I am not usually on that beat—I only go in disguise lately, as there have been so many complaints there.
a barge to me, which had forty-nine ton of coals on board, belonging to William Carpenter.
Cross-examined. Q. I believe Mr. Carpenter is no party to this prosecution? A. Not the least—he bitterly regrets I should be drawn from my business on so frivolous a pretext—it is the custom of coal-merchants to let the men have a fire in a box where they watch, if applied to—it was no applied for that night.
NOT GUILTY .
NEW COURT.—Friday, December 18, 1846.
Third Juryt before Mr. Recorder.
WILLIAM LOWETT . I now live in Radnor-street, Chelsea—I formerly lived in Pleasant-row, Holloway. On the 28th of Nov. I employed the prisoner to help me to remove my goods from there—among the rest of the things there was a gallon-bottle of gin—it was sealed up—I missed it when I got to Chelsea, at we were unloading the things—I went to the prisoner about it—he said it was all right, I should have it again—I gave him in charge—I have employed him before—I have never got the gin back.
Cross-examined by MR. DOANE. Q. HOW long have you known him? A. Five or six years, and have occasionally given him employ—he never dealt with me on his own account—he has recommended people to me that have dealt with me—I swear I do not owe him one farthing—I never owed him any in my life—I never said I could not pay him because I had not change for a 20l. note—I went to Mrs. Goodwin about this gin—she told me she had it, and the prisoner had fetched it away—I owe Mrs. Goodwin 2s. 7d., which I have got her bill for here—she has complained that I would not pay her—she has a shirt of mine she could not find—I owe her that for the last week's washing—the policeman found this gin at the prisoner's house.
MARY GOODWIN . I live at No. 5, Pleasant-row, Holloway. Mr. Lowett owes me 11s. 91l. 2d. for washing—on the Saturday when he was removing his goods, I asked him in the prisoner's hearing to pay me—I heard he was going to leave in everybody's debt in the place, and I went and asked him six times that week for my money—he declined paying me, and said he would pay me when he liked—as I was standing at my window with my children, seeing the van load, the prisoner came and put a bottle over into my front garden—my child said, "I wonder what that is," and she took it in—I said, "I dare say it is to pay my debt, what he owes me"—when the prisoner put it over, he said, "Here, it is ill right"—my child opened the bottle—I was afraid to do so—she said, "I think it is gin"—I did not taste it—I told her to put the cork in, and put it down—in about two hours the prisoner came back—he was standing at my gate, and put his hand into his pocket—I thought he had brought my money from Lowett—I went to the gate, and asked if he would walk in—he said, "Yes"—when he came in, I said, "I think Mr. Lowett has behaved rather unkind in not paying me, I would rather have 5s. or 6s. than that bottle, for I don't want it"—the prisoner said, "That is my property"—I said, "Well, I shall detain it, till you bring Mr. Lowett or a policeman"—he said, "Well, I will take your name"—"Do," I said, "my name is Goodwin"—he went away—he came again once, and then came again with a policeman—I went to my gate—he said, "I have brought a policeman"—I said, "Policeman, if you think I am right in giving it up, I will willingly"—"Do," he said, "I think it will save a deal of trouble"—I gave it him—the prisoner said, "Lowett owes me 15s., he gave me 2s. and
this bottle to outset the debt;" he said that Lowett wanted to get change for a 20l. note at the Red Cap, at Camden-town, and if he could have got change he would have sent my money.
Cross-examined. Q. Do you swear solemnly that the prosecutor owes you lis. 9 1l. 2d.? A. Yes, Sir, for washing—if he swears he only owes me 2s. 7d., that is not true—I have sent in to his wife, and she referred me to him—she said he was gone to London for money, and gone to Gravesend for money—he was making off, and paying nobody.
COURT to WILLIAM LOWETT. Q. Do you owe the prisoner 15s.? A. Not one farthing—here are Mrs. Goodwin's bills for all she has done for us, all receipted but one for 2s. 7d.—she sends in our little shirts and things—there was a shirt wrong—my wife sent it back, and said if she sent ours in she would pay her—here are her bills, just as she sent them in—I did not give the prisoner this gin—I gave him 2s. and some bread and cheese, for helping loading the goods—he came before the van did, and had breakfast with me and ray family—I gave him 2s. and some beer just by the Brecknock—he shook hands with me, and was very much obliged to me—I never went near the Red Cap.
Cross-examined. Q. Did you propose that if he would give you a sovereign you would not appear? A. That is very correct—I only wanted to be paid for my gin—I did not go to his wife—she was there when he was taken, and it was with her this took place—this is the bottle—it had never been opened when it went from me—it had a rag and a cork in it—I gave 10s. 6d. for it.
ROBERT GILPIN (police-constable N 377.) I was on duty in Holloway on that Saturday—the prisoner told me he had left a bottle of gin at Mrs. Goodwin's, and when he called for it he could not get it; that he had been to a Magistrate, who advised him to see the policeman on the beat, and go and get it—I went, and Mrs. Goodwin gave it him, after some words—she said she thought it was left in part payment of the prosecutor's bill, and asked me if she was to give it up—I told her she might use her own discretion—it was given up—the prisoner said Mr. Lowett gave him the gin and 2s., in part payment of what he owed him—it was such a bottle as this—I could not swear to it, as it was dark—it was seven o'clock in the evening—Mr. Greenwood, the Magistrate, has since told me that the prisoner applied to him—he said he recollected the circumstance.
WILLIAM PRITCHARD (police-constable N 190.) I produce this bottle—I got it at the prisoner's house—I took the prisoner to the station, and there was some conversation in going along—the prosecutor mentioned that the gin was at the prisoner's house—I went back, and the prisoner's wife gave it me—there is one quart and half a pint gone out of the bottle.
NOT GUILTY .
MESSRS. RYLAND and LAURIE conducted the Prosecution.
JOHN SMITH . I returned from Australia about five months ago—I am a labouring man—I am of no profession—I have wrought at different things. On Tuesday, the 13th of Oct., I was in Caroline-street, Bedford-square, about eleven o'clock—a person came up to me just at the corner, who afterwards gave the name of Captain Harvey—I had some conversation with him, and, in consequence of his invitation, I went to a public-house with him, and had some beer—the prisoner came in and joined us—he said he came from
America the week before—he introduced himself by asking if we could give him any information about the Museum, as it was shut that day—he showed some American small notes, by appearance, and some drafts also—he spoke about going to see a lawyer at Gray's Inn—my intention was to go to Caroline-street, but it was too late then, and they said if I would go down into the City with them we would have a beef-steak together—I went with the prisoner and Harvey to Gray's Inn coffee-house—we had some more beer there—Harvey and I then came out, leaving the prisoner there—we were to meet him there at two o'clock—we went into the City—I had an order on the Bank of Australia, No. 8, Austin-friars—I went there, and they gave me a check to go to Smith, Payne, and Smith's—Harvey went with me—he showed me where it was, and went in with me—I there received seventeen 10l. notes and 9s. 3d.—Harvey and I then went to the Gray's Inn coffee-house, and saw the prisoner standing in the doorway—we then went to the Lincolnshire-house, a little further down Holborn—we had a beef-steak and some more beer—we then went to the Barnard's Inn coffee-house—the prisoner made an offer of money to both me and Harvey—I did not accept the offer, but Harvey did—while we were in the Barnard's Inn coffee-house, the prisoner said he would go over to Gray's Inn and see if his lawyer was come—Harvey said something about his not returning—the prisoner took out his pocket-book, laid it down, and said, "If I am not back in ten minutes, there is 500l. in notes and bills in it"—he did return, and took his pocket-book up—Harvey then went out for a stamp for the 100l. which the prisoner had offered to lend him—when he went the prisoner asked him to deposit his pocket-book, and he did so—Harvey did not go out of the house altogether—he came back, and beckoned to me, and said, "I want to speak to you"—I went out, and when I was going I was accosted by the prisoner, who said, why did I not do as he had done and Captain Harvey—he did not say anything about my pocket-book—I took out my pocket-book and laid it down—I had taken out my pocket-book since I came from Smith, Payne, and Smith's—I am sure the notes were in it when I laid it down—I went out with Harvey, leaving my pocket-book on the table—I do not know what Harvey wanted with me—I knew that he was going for a stamp, at least he said so when he was going out—I accompanied him some distance down Holborn, leaving the prisoner behind, and my pocket-book on the table, and Harvey his pocket-book also—after I had gone some distance, I became alarmed for my pocket-book, and returned—Harvey did not return with me—he wanted me to go further on, and that aroused my suspicions—I said, "No, I will go back now"—I had not been gone more than three or four minutes—when I returned I did not find the prisoner, nor my pocket-book, nor Captain Harvey's—the prisoner and the books were gone—I gave information to the police, and described the person of the prisoner and Harvey—on the 23rd of Nov. I went to Giltspur-street Compter—I went alone—I was shown a number of prisoners, I should say from twelve to sixteen—I saw the prisoner, and identified him immediately—he is the person I was with—I was in company with him above three hours on the 13th of Oct.—we had been in several public-houses—I was sober when I was in Barnard's Inn coffee-house, and at the time I lost my book.
COURT Q. How many public-houses had you been into? A. Four—in the first we had two pints of beer, between Harvey and me—the prisoner had ale—the next place we had one pot between us three, and that was not all drank—the next place we had two pots, and in the last place they had a glass of gin and water each—I had a glass of brandy and water.
Cross-examined by MR. BALLANTINE Q. Where was it you had the brandy and water? A. At Mr. Castle's, in Holborn, where I lost my pocketbook—it
is a few yards below Barnard's-inn—I was at the Barnard's-inn coffee-house about an hour, and at the Lincolnshire house an hour and a half or better than an hour—it was there we had the beef-steak—a pot-boy waited on us at the Barnard's-inn—I should not have known him again, but I have seen him since—we were waited on by a woman at the Lincolnshire house—I have seen her since—both of them were examined at the Mansion-house—I do not know whether it was against the prisoner or for him—I heard them examined—I don't know whether there were two other men taken with the prisoner—I was shown three men—neither of the other two resembled Captain Harvey—if they did they were a good deal disguised—I could not identify them as the persons who were with me—the prisoner was not so much disguised—when he was in company with me he had two coats on, and when I saw him again he had but one, and the hat he had on was a great deal broader than what is generally worn, which makes a different appearance—lie had a neckcloth on when he was drinking with me—there was nothing else particular that I recollect—he had his hat off, and I noticed his hair and his head then—I gave a description of him to the superintendent, I believe—I said he was a man between fifty and sixty years of age, of fairish complexion, oldish, and stout—I may have mentioned some other particulars, but I think that is nearly all but describing Captain Harvey's dress—I said the man that robbed me was about five feet five inches high—I should say the coat the prisoner has on is not unlike the coat he had on then, but he had an outside coat on—I am not a teetotaller, but I am a moderate man, I do not drink very much—the inspector and policeman can mention whether I was drunk or not—I was taken to a place where I identified the prisoner—I was in Scotland, and I got a letter from London communicating to me that the prisoner had been taken—this is the letter—I had this and another letter together, only different in the dates—the constable, Bray, took me to identify the prisoner—I had no conversation with Bray—he had not seen the prisoner—the gaolor showed me the persons that were in the cell—I had no conversation with him—he told the constable he had better go with me, and the constable was to wait—the prisoner was in a row of persons ranged against the wall—the prisoner was near the bottom—there were some taller and some less than the prisoner—there were some younger than the prisoner—I did not examine them to see whether he was the oldest man amongst them—there were no women—the person told me to see if there was anybody there I knew—there was nobody else like the man—there was another person whose countenance appeared familiar to me—he was amongst them—he was one of the three that were taken—I did not think it was him—I did not say I knew that person; his countenance appeared familiar, I thought I had seen his countenance before, but could not recollect where—he was a stout man, the Captain was a thin man—I don't know whether Chulm was the man whose countenance I thought I had seen.
CHARLES SMITH I am head waiter at the Gray's-inn coffee-house—I was so on Tuesday, 13th Oct.—the prosecutor came to Gray's-inn coffee-house that day—there were two men with him—they had some ale—I served them, and took the money—they were not there more than half an hour—I believe the prisoner was one of the other two men, I have very little doubt about it—I think I should know the other man.
Cross-examined. Q. What do you mean by little doubt? A. I would not undertake to swear the prisoner was the man—they had all black hats—there was nothing remarkable about their hats that I noticed—they sat down at our house—I think they had not their hats off at all—I think the prisoner
had a similar coat on to what he has on now—I noticed it outside when he was in the room.
MR. RYLAND. Q. Had he two coats on? A. I think not—it is not common at our house for persons to come for beer, such a thing has not occurred since.
WILLIAM BRAY (City police-constable 223.) I recollect being on duty in Holborn, on 13th Oct.—the prosecutor came to me about twenty minutes past three o'clock—he made a communication to me—he gave me a description of a person, I recollected seeing a person of that description about half an hour before—the Barnard's-inn coffee-house and the Lincolnshire house are very near, there is only one door between them—I afterwards heard there was a person in custody on a charge of robbing the prosecutor—I went to the Compter on the 23rd Nov., in company with the prosecutor and the 'police-sergeant—I did not go into the ward with the prosecutor—I saw him come out of the door two hours afterwards, as I was standing in the street by the side of the door—I identified the prisoner as the third person that went in the cab—I said, "That is the man I saw in Holborn, I am positive of it"—I took him to be a man that came from the place I came from, from Plymouth, and I walked several feet after him to speak to him be before I found my mistake—it was not many feet from the door of the Lincolnshire house that I saw him—he appeared to me as if he had come out of the door—when the prosecutor came and told me he had been robbed he was perfectly sober—I put on my other clothes and went with him to see if we could find the parties he had given the description of—he had not finished giving the description when Mr. Scott, the inspector, came up.
Cross-examined. Q. If you knew all this, how came you not to be examined? A. I do not know how it was—I spoke of it at the Mansion-house—I did not speak of it on oath—it was in the prisoner's hearing—I deposed to this publicly—I believe Heddington spoke to the Lord Mayor first, and said I was the man that saw him—I was not sworn, but I spoke of it publicly—I was on the left hand side of the prisoner—I did not shout out—Heddington called out to me to state what I knew—my evidence was not taken down—the evidence of Farr and Chapman was—they were both examined at the Mansion-house—I cannot tell who brought them—they were there—the prosecutor described the man that robbed him as having a dark wrapper and dark trowsers, and a kind of striped waistcoat—that answered very much the description of the person I saw.
MR. RYLAND. Q. While you were at the Mansion-house on other business was this case called on? A. Yes—what I have stated was an observation to a brother officer, and he made mention to the Lord Mayor at the time about it.
----SCOTT I am acting inspector of the City Police. I was on duty in Holborn on the 13th of Oct.—I saw Bray, and the prosecutor was talking to him—I heard him give a description of the persons he charged with robbing him—he was perfectly sober.
Cross-examined. Q. What age was it he gave? A. He described two men, one about thirty-five, the other about forty-five,
JAMES RACE I am one of the turnkeys of Giltspur-street Compter. On the 23rd of Nov. I was present when the prosecutor came to the prison—I was in the yard—I arranged the prisoners for the prosecutor to look at them—I have said there were about half a score prisoners, but I have since ascertained there were eleven—the prosecutor identified the prisoner, who was standing at the further end, within about one or two of the end—he looked at
the prisoner and identified him, and turned back—Mr. Evans asked him if he knew any other person—he made a bit of a feint, and then said he did not.
Cross-examined. Q. Had the prisoner his hat on? A. Yes—I am not able to say whether it was a broad-brimmed hat—I do not know that I should be able to ascertain it again.
GEORGE EDIS EVANS I am one of the turnkeys of Giltspur-street. On the 23rd of Nov. the prosecutor came for the purpose of seeing some prisoners—he saw eleven, and he picked out the prisoner, who was I think the last but one or two in the row—he got opposite to him—he made a stand and looked up and down, and pointed him out—I asked him if there was any. body else he knew—he looked at one man, but did not think he was the other party.
JURY Q. Were there any other persons about the same age as the prisoner? A. I should not like to say—I did not take that particular notice.
ELIAS MILLER (City police-constable, No. 94.) I was present at Giltspur-street when Bray was there—I saw the prisoner come out, and Bray identified him—he said to me, "That man has been up and down my beat two or three times—I will swear once was on the day the robbery was committed;" the prisoner was in the cab—Bray stood as near as he could to the corner of the front wheel—the prisoner was about a yard off him—it was possible he might have heard it.
JOSEPH HILBOROUH (City police-constable, No. 20.) On Saturday, the 14th of Nov., I was in Cheapside—I saw the prisoner walking by himself—two men, who turned out to be companions of his, were walking on the other side of the way—I had heard of this robbery, and was sent to make inquiries the morning afterwards—I had heard the description of the man that committed the robbery—I followed the prisoner to London-bridge—I then took him, and the other two men, into custody—Chulm was the man who answered the description I had, but the prisoner was one of the men that I suspected had committed the robbery—I should have taken him, because I knew him to be a companion of the man that I suspected—I took the prisoner to Bow-lane station—I found upon him fifteen imitation sovereigns, two half-sovereigns, four flash notes, and these playing-cards, which are cut—they are not all of one size—I found on the prisoner about 13s. in real property, and on the three persons about 5l.
Cross-examined. Q. You had received a description of two persons? A. Yes—one who called himself Captain Harvey, and another person—I took Chulm, from the description we had, as being the person who committed the robbery—I considered the description referred to Chulm, and the other two were his associates—there was no description to guide me to the other two persons—we only received a description of two persons, and Chulm answered the description of one—I thought the other persons were in it—I went to the public-house and brought the bar-maid and the pot-boy—I did that by order of my superior officer.
MR. BALLANTINE called
HENRY FARR I am pot-boy at the Swan and Sugar Loaf in Fetter-lane. On the 13th of Oct. I was pot-boy at the Barnard-inn coffee-house—on the 13th of Oct. there was a police-sergeant came to the back door and asked me if they were gone out—that was about a quarter of an hour after this robbery had been committed—that makes me recollect the day on which this robbery took place—I recollect the two persons who were in the parlour with the prosecutor—they were the two men that were acquitted—I am quite confident the prisoner was not one of the men who was with the prosecutor—about a month afterwards I was told by the sergeant to go to the Bow-lane station—I then
saw the three persons who were afterwards examined at the Mansion-house—I made the same statement that I have to-day—I know the other two came into the parlour with the prosecutor, but the prisoner I am confident was not in the parlour.
COURT Q. Was the prisoner at the public-house? A. I never saw him at all—I saw the other two who were acquitted—I am confident they came into the parlour with the prosecutor—they were Chulm and the other—I did not know who they were when they came, but they shut the door so quickly I had a little suspicion—I went in with the poker to stir the fire—I do not know the prisoner—I never saw him—he wis not there.
MR. BALLANTINE Q. There were two others in charge? A. Yes, and while they were in charge, and might have been detained, I made the same statement.
MS. RYLAND Q. When did you see the prisoner before? A. I saw him at the bar of the Mansion-house—I lived at the Barnard's-inn four months, within a week—before that I was at an opticians in Hatton-garden—I was there five months—I left because the business did not suit me—I am seventeen years old—before that I was at a cutler's in the Strand, as errandboy—I have a father and mother, who live at No. 10, Serle's-court, Templebar—the first place I saw the prisoner at was at the Bow-lane station—I went there on a Sunday, and saw the prisoner and two other men—I did not state there that I did not know any of the men—a police-sergeant came on the day of the robbery to ask me about it—on the day after the robbery two policemen came to me—I did not say positively to either of the policemen that if I were to see the men again I should not know either of them—I gave a little description of them—I did not tell him that if I were to see the men again I should not know either of them—I swear that positively.
Q. Look at this man (Russell), is he one of the men who came to you the morning after the robbery? A. I cannot say positively whether he is one or not—I did not say to one of these two policemen that if I were to see the men again I should not know either of them—I did not tell Headington, the officer, that I could not give any description of the men—I did not tell him I took no notice of them—the first time I took no notice of them, bat the second time I did—Headington came to me—he asked me what description I could give of the men, and I told him as well as I could—I did not tell him I took no notice of them—I was taken to the Bow-lane station—I did not say all I had to say at the station—I was shown three men there—I did not say I did not know anything of them—I did not profess myself to be ignorant about them—I went to the Mansion-house—I do not remember saying anything to Headington after I had been before the Lord Mayor—I never said to Headington or to Russell that I did not know anything about these three men—I remember there were two men and the prosecutor in the parlour of our house on the 13th of Oct—I was rather suspicious, and went in with a poker—I was suspicious at their shutting the door almost before I could get down stairs—I had never seen the prosecutor or the prisoners before they came into the parlour—I was suspicious of the other two, (not the prosecutor,) because they shut the door so soon—I came up directly afterwards almost, and pretended to poke the fire, and noticed them more particularly.
MR. BALLANTINE Q. At the Mansion-house you made a statement? A. Yes—what was said was all written down—I did not give any particular description to Headington of the person I had seen at the Mansion-house, (Chulm,) I believe I said about how stout he was and how tall.
COURT Q. Are we to understand that you never saw the two persons that you say were with the prosecutor before that day? A. Yes—they were not customers—I
never saw the prosecutor, nor the other two before—I was not suspicious of the prosecutor, but of the other two, because they shut the door—they slammed it to—there was one standing up before I came out—before I could well get out the door was shut—I do not know who shut it—customers sometimes shut the door, and sometimes I shut it—if a couple came in they would shut the door in three or four minutes, but these shut the door before I could get out almost.
JURY Q. How long had you an opportunity of observing these parties after your suspicions were roused? I stepped in not more than a minute, or a minute and a half, and I noticed them more particularly—the prosecutor had a glass of brandy and water, and the two had 4d. worth of gin and water each.
COURT Q. Did you go down for the gin and water? A. Yes—I took the gin and water and brandy and water in first—then directly I took that in, the door was shut—I had been in the room twice—I brought in the brandy and water and gin and water—directly I took that in and took their change they shut the door—the door was open—I saw they were all to very glad to pay for the liquor—the prosecutor was up, and he said he would not drink it till he paid for it, and directly afterwards the door was shut—I took the poker and went up, and noticed them more particularly—I am positive the prisoner was not there—when I went with the poker one of them was half standing and the other two sitting—when they were drinking the brandy and water and gin and water the two prisoners were sitting, and the prosecutor was just getting up—I then left the room—the prosecutor was just under the window—they were sitting by one table—I can hardly say which was nearest the door.
Q. Did you not tell us your suspicion was roused against the two, but not against the prosecutor, by their shutting the door, and have you not now told us that the prosecutor was getting up? A. Yes, but I do not know what he wanted, whether he was going to get his pocket-book or what—I suspected the other two because one shut the door—I do not know which of the three shut the door—I Suspected the other two, because they were so much acquainted with the prosecutor, and he being a countryman.
JURY Q. Who took the order for the liquor? A. I did—I saw them three times—I took the order, and took the things—I then went in a third time, and I stopped longer then—I suspected the prosecutor was a countryman—I thought it was them shut the door.
COURT Q. Though they were sitting down and he was getting up? A. They might get up in a moment and shut the door.
MARGARET CHAPMAN I am bar-maid at the Lincolnshire house, in Holborn. I remember an inquiry being made about a robbery that had been committed—I was taken up by the officer to the Mansion-house—on the 13th of Oct. the prosecutor came and ordered a steak—there were two other men with him—I have never seen them since they left the bar—I saw three men at the Mansion-house—the prisoner was one of them—I do not think he was one of the men in company with the prosecutor on the 13th Oct.—I cannot believe he is.
COURT Q. Were either of the other two the men? A. No, neither of them were the men that came in with the prosecutor—this is a beer-shop and coffee-house—it is in Holborn, opposite Fumival's-inn—the persons I saw there were not in the habit of coming there—I cannot say that I ever saw them before—we have many come—they might have been before—when I saw the men at the Mansion-house I did not recognise them—I thought I had never seen them before—if the other men had been in the house I think I should
have known them—I know many gentlemen that come—some I know, and some I do not.
JOHN KIRKMAN I was in the police, I am now at the Polytechnic Institution. I produce a certificate of the prisoner's former conviction, which I got at Mr. Clark's office—I was present at the trial—I know the prisoner to be the man mentioned by the name of Edward Edwards (read Convicted 2d April, 1838, transported for seven years)—he was committed in 1843, but through the prosecutor not appearing, there was no bill found against him.
Prisoner's Defence. The prosecutor has taken me for another man; I declare I am innocent; had I been guilty, is it likely I should be up and down Holborn every day, which I have been, and never missed a day? I never heard anything about it till the policeman took me, and when at the station I asked what it was for, and they said it was on suspicion of being at a place in Holborn; I asked what the charge was, and they said about this; the I officer that took me went and inquired, and he said he met one of his brother officers, who told him I was not the man, they had got the man.
COURT to JOHN SMITH Q. You have now heard the prisoner speak, is the voice the voice of the man that you was with for three hours? A. Yes it is, my Lord—I have no doubt on earth of his voice—it is the voice of the man I was talking to.
GUILTY . Aged 62.— Transported for Fifteen Years.
Before Mr. Common Sergeant.
GEORGE HUNTER (police-constable N 357.) I was on duty on the 10th of Dec.—I met the prisoner—he had this pick-axe with him—he told me he fetched it from a cousin of his at Wanstead, where he left it two years ago.
Prisoner's Defence. I picked it up on the forest, about half-past five o'clock; there was no handle in it.
GUILTY . Aged 48.— Confined One Month.
GUILTY . Aged 19.— Confined Three Months.
Before Mr. Baron Rolfe.
309. JAMES CHILDS, CHARLES PIPER, EDWARD PEWTER, HOMAS OLIVER, JAMES PRATTEN , and ELIZABETH CHILDS , were indicted for unlawfully and forcibly entering a certain parcel of land belonging to William Wiggins.
GUILTY — To enter into their own recognizances, to receive judgment when, called upon.
Before Mr. Common Sergeant.
Prisoner's Defence. I wanted money to go to Gravesend to my father, and I took it.
GUILTY .* Aged 16.— Confined Four Months.
(There were two other indictments against the prisoner.)
Before Mr. Recorder.
JOHN ELLIS I am a mariner, and live in King's-row, Horsleydown—I know the defendant—he works at Billingsgate. This happened between the 15th or 16th of Sept., about a quarter to twelve o'clock at night—me and my wife had had a quarrel during the day—Mrs. Pickard, who lives opposite, abused me—Susan Cole, Henry Pearman, and Ann Stephens, all lived in the house at the time—I was assaulted and abused by Susan Cole—Ann Stephens called me a b the prisoner was not there at all then—I went to bed about nine o'clock, awoke about twelve o'clock, and found my wife was not in bed—hearing people talking in doors I got up, and found Pearman, Pickard, and Cole, and my wife, at their door opposite—I opened my window, and saw the whole four—the prisoner was not there then—I said to my wife, "Why do not you come in doors?"—I came down to the door and stood there, persuading my wife to come in—the prisoner then came over, squaring up to me, and wanting to fight—I told him I had had no quarrel with him, nor he with me, why should he want to fight—he kept on squaring up—I said, "I do not want to quarrel, why not go away?" Pearman stood opposite and said, "It is me you want," and struck me with his life-preserver; which is a thing loaded with lead—I was gored in blood—Mr. Guthrie called a policeman, who showed his lantern—the prisoner and Pearman flew in doors—the prisoner never touched me, only kept me in conversation for the others to fly up to me, to do it—he was taking my attention—as soon as the others got close to me, the prisoner stepped away to let Pearman come to me and strike me unawares with the weapon—I got three blows on my head—the bone of my arm was broken, but I suppose the blows on my arm must have been done afterwards—I have three cuts on the scalp of my head—I raised my arm—I suppose that was how I got the injury to my arm—there are several marks on my arm besides where it was broken.
Cross-examined by MR. PAYNE Q. This happened on the 15th of Sept.? A. Fifteenth or sixteenth—on the 5th of Nov. I took a summons out against the prisoner, for squaring at me—the Magistrate ordered him to find bail,
himself in 20l. and two sureties in 20l. each, to keep the peace for six months, and left it open for me to indict him—the Magistrate said I could indict him—he bound him over to keep the peace to give me an opportunity of indicting him—the Magistrate refused to bind him over to appear at the sessions—I did not take the prisoner up till the 9th of Nov., I think—I indicted him here last sessions, the 23rd of Nov.—I am a bum-boat man—I came home on the 15th of Sept., at three o'clock.
Q. Did not you come home that night drunk; and did not your wife ask you for some halfpence, to get the children some bread; and did not you turn her and your children into the streets? A. No—I was quite sober—my wife ran out—I told her she had better go, unless she got a knock—I did not turn the children out, I am too fond of them—my wife did not ask me for money to get bread for the children—Mrs. Pickard did not take my wife and children into her house, to keep them out of the street that night—my wife was not in that night—she was standing over at Mrs. Pickard's door—I went, to bed, she being away—my children were in bed at my own house—I will swear I did not turn them into the streets—I did not abuse Mrs. Pickard when I got up—I did not pull up my shirt, expose my person, and call Mrs. Pickard a b—wh—, and say "You want * * * do not you?"—I did not then go up stairs, and do the same thing at the window, or anything like that—I always thought her a woman that honey would not melt in her mouth—I had my shirt and trowsers on—I put them on when I got out of bed—I thought Mrs. Pickard wanted to entice my wife away the same as she did Bob Tucker's wife—I did not use indecent language to Mrs. Pickard—on my oath, nothing like that passed—Pearman did not say, "You are no man, and ought to be ashamed of yourself to speak to a woman in that way"—I did not say to Pearman, "Can you make a man of me?" and call him a b—young snot, seize him by the throat, and say I would dash his brains out—I did not touch him at all—I was not injured by a fall on the kerb-stone, instead of by a blow—I only reeled against the door—Pickard and Cole took out a summons against me next day—it was not for abusive language, but for creating a disturbance—they were ashamed to appear to it—I did not take out a summons against the prisoner, on the 2nd of Nov., for aiding and assisting Pearman, because they would not grant one, as I did not know his Christian name—I did not find it out till the 2nd of Nov.—it took me until then to enquire about it, as there were three or four brothers of them—on the 2nd of Nov. I took him before the Magistrate for aiding and assisting Pearman—the Magistrate did not say he considered there was no evidence against him, and he would bind him over to keep the peace for six months, as he squared at me—I did not ask the Magistrate if I could indict him—the Magistrate did not say, "What for? I have punished him"—he did not bind me over to appear here—I came to the Court and had him indicted—I have been drinking to-day—I had a pint of coffee at eight o'clock this morning—I did not know what you were enquiring about before—I have had a glass of rum, and 1 think about a pint of beer, and some bread and cheese—I was not going to beat my wife on this night—I told her to go out to avoid a knock—I had had beer to drink, and I dare say a little drop of spirits—I cannot tell how much, I do not keep a log-book to tell how much—I was sober enough to row about among the steamers.
COURT Q. How long did you attend at the Hospital? A. About eight weeks—I have no use in my arm—all the muscle is gone—it has hindered me from my winter's work, and from supporting my wife and family—when the prisoner found what was done, he shifted his lodgings.
this night about eleven o'clock, and heard two females talking near my window—it might be twelve or one o'clock—I got up, and saw the prisoner come down in his shirt, with the two females standing at their own door, aggravating Ellis—the bad language which came from them exasperated Ellis—they called him the worst of names they could—Stephens first came out in his trowsers, and I suppose his shoes, and wanted Ellis out to fight—Ellis said, "Go in, my good man, I have had no words with you; mind your own business"—he stood some minutes squaring before Ellis, who did not think proper to fight, till there was an opportunity for the man behind, named Pearman I believe—he went a little on one side to make room for the others running over the way—Pearman immediately ran over and struck Ellis—I will undertake to say the prisoner went out of the way to give Pearman a passage, and Pearman struck Ellis a tremendous blow with some instrument, I could not see what, being dark—I never heard such a tremendous blow in my life, and I have heard horses knocked down—I saw blood on the pavement, called for the police, and told them to take all four in charge—the policeman got hold of Ellis, and said, "I have got charge enough here"—while he was holding Ellis up, supporting him, I desired the policeman to take charge of them—Mrs. Pickard said, any b—entering her house she would split their b—skull—the policeman took Ellis away to the hospital—I was leaning out of my window, in my shirt—as I felt very much cramped, I did not go out, but next morning I traced the blood 200 yards towards the hospital, and the next morning I traced it 300 yards, where they lad led him away—I saw blood coming from him, but could not tell how—I suppose it was from his head.
Cross-examined by MR. ROBINSON Q. I believe you have had a quarrel with Mrs. Pickard? A. Never in my life—I believe Mrs. Pickard is what they call a duffer, going about pawning bad watches—I live in the same street with her—she has lived there a good while—I saw Ellis at his door about six or seven o'clock in the evening—there is no mistake about that—it was the time he came home to tea—I did not remain at home—I do not know that his wife was turned out—I saw her out—I cannot say where she was when this took place—Ellis told the prisoner to go home and mind his own business—it was remarked by the neighbours how Ellis stood, and heard the abuse of the females—I heard him make very little reply—this squaring was taking place more' than three or four minutes—he never touched him, but got him far enough out of the door for them to get at him—he was by the threshold of the door when this took place—when I first saw him he was standing within the door, close to the threshold—when I heard the blow I called them a b—murdering set, and called, "Police!" for I never heard such blows—I think I could have heard it 100 yards off—I did not say that I would tear his b—heart out rather than Pickard should get the better, nor anything but charging the police with him.
312. JANE SMITH was indicted for stealing, in the dwelling-house of Caroline Cocking, 1 candlestick, value 4d.; 3 plates, 3d.; 2 dishes, 6d.; 1 basin, 2d.; 1 comb, 1d.; and 1 brush, 2d.; her goods; and afterwards burglariously breaking out of the same dwelling-house; to which she pleaded
GUILTY . Aged 17.— Confined Six Months.
Before Mr. Baron Rolfe.
313. JOHN DENNY was indicted for feloniously setting fire to the dwelling-house of Alfred William Cole, the said Alfred Wiliam Cole and other persons being therein.—Other COUNTS, varying the manner of laying the charge.
MR. MELLER conducted the Prosecution.
ALFRED WILLIAM COLE . I live at No. 75, Ann-street, Kent-street, St. George the Martyr, Southwark. The prisoner, his wife, and two children, lodged in my second-floor front room. On the 7th of Dec. be came home a short time before eight o'clock in the evening—I heard him, as I thought, breaking some wood up stairs, in his own room—I was in the room underneath him—his wife and children were out—a little before nine o'clock I heard a cry of "Fire I"—he had been in the house an hour then—I and my wife got up, and ran to the street door, and there saw a mob collected—I returned into the house, ran up stairs, and saw the prisoner on the bottom stair, coming down stairs, to go out of the house—I called him an old villain, and asked him what he set my house on tire for—he made no answer—I dragged him through the passage into the street—I then held him a few minutes—one person went up stairs, endeavouring to put out the fire, called out for water, and I let go the prisoner, to carry the water up, and went into his room—the flames had been put out, and the fire was all smouldering in the room—I did not see the flames at all—I saw no fire—the stuff which had been burning there was the stuff which had formed his bed, it was all scattered about his room—it was a parcel of cleanings from hemp-dressings—three separate parts of the floor were burnt—one part of the floor was burnt half-way through—the other two places were burnt black, but not through—the face of the boards were burnt off—his bed had been cut open, and the contents strewed about the room, and burnt very much—one chair had the wooden bottom pulled off it, which was found in another part of the room—there was another chair, which he had used to work on, with leather straps across it to make a seat, as it had no bottom to it, and the leather straps were burnt off—I went in search of him afterwards, and gave him in charge.
Prisoner. He never dragged me into the street at all. Witness. I did, by the collar—some of the contents of the bed had been burnt, and some not, and the boards had been set on fire.
Prisoner. He knows there had been holes in the floor, and I nailed things over them. Witness. The burning was recent—the floor was smoking when I entered the room—the tin patches he nailed over the floor were in a different part altogether—I never had any dispute with him—he owed me one week's rent only—I was in my room when he came in, and never left it until the alarm was made—my wife and two children were in the house at the time.
ABRAHAM BURTENSHAW . I am a costermonger, and live in Henry-street, Kent-street. On the 7th of Dec, about ten minutes to nine o'clock at night, I heard an alarm of fire, ran out, and saw flames at the up-stairs window of the front room of Cole's house—there is only one front room—I went up stairs into the room—I saw the prisoner and Cole struggling in the passage—I passed them, and went up to the room, opened the door, and saw flames—there were five heaps of fire, one in each corner of the room, and one in the middle—there were flames from all the heaps of fire—they were all alight—there were two chairs and a round table in the middle heap of fire—one chair had the bottom out—they were placed in the stuff that was alight, and they were in a flame—I saw some hemp-dressings thrown about the room—the bed was all cut to pieces—it had been on fire as well—there was some stuffing in it—I put all the fire out, dragged it out, and chucked the things down stairs—it had burnt three or four places in the boards—the two chairs and the table were burnt.
Prisoner. This witness has been transported; what he says is false.
JOHN MARTIN (police-constable M 180.) On Monday night, the 7th of Dec., between nine and ten o'clock, the prisoner was given into my charge by Cole, in the Bermondsey New-road—I asked him how he came to cause the fire—he said it was an accident.
The prisoner, in a tone partly inaudible, stated that he had met his wife, who told him to go home and get the kettle boiled; and while lighting the fire in the stove, the floor must accidentally have caught fire; that the smoke became so intense he could not attempt to put it out, and left the room.
ALFRED WILLIAM COLE re-examined. When I saw him he was perfectly sober, to the best of my experience, and I have known him eight months—I cannot assign any reason why he should set the house on fire—the furniture was his own—he has lived there eight months.
JURY to ABRAHAM BURTENSHAW Q. Was the table bottom upwards? A. No, on its legs—the fire was under the table—the chair was on its legs, and there was no fire in the fire-place.
GUILTY . Aged 43.— Death Recorded.
Before Mr. Justice Pattison.
314. THOMAS PRATT was indicted for burglariously breaking and entering the dwelling-house of George Spencer Smith, at St. George the Martyr, Southwark, and stealing 1 pair of boots, value 4s. 6d.; his goods.
GEORGE SPENCER SMITH . I am a shoemaker, and live in Friar-street, Blackfriar's-road—there is a fan-light over my shop door, about ten feet from the ground, which opens into the street—no one could look through the fanlight without climbing up—there is no light inside at night. On the 9th of Dec, about four o'clock in the morning, I was in bed up stairs, and heard a noise of glass breaking—I got out of bed, opened the window, and looked out—I saw nobody, and went to bed again—about a quarter of an hour after I heard a noise at the door, and a piece of glass fall—it was a kind of scraping noise, as if somebody was scraping up to the door—I got out of bed, opened the window, and saw a man creep from the door towards the street—I called to him, and asked what business he had there—he ran away—I called out for the police—I saw a policeman cross the road and go after him—he went round the corner—I came down stairs and waited at the door—the fan-light over the door was broken—it was quite sound when I went to bed—the door was shut—it had not been opened—when daylight came I looked over the shop, and missed a pair of boots from the line nearest the door—they had been thrown on the line the night before—the line went across the shop, inside the fan-light, but within arm's reach of it—I missed nothing else—the broken glass of the fan-light laid inside the shop—a person could climb up by the handle of the door and a small ledge—the man who ran turned round into Union-street, three doors from my house—I know the prisoner by sight, I do not know his name—I have not seen the boots since.
Prisoner. You had not seen the boots since Saturday night. Witness. This was Wednesday, I had not seen them since Friday—I put seven pairs there on Friday night—on Wednesday six pairs were left—I cannot say whether they appeared to have been disturbed—I swear I had not sold any.
JAMES HARRISON (police-constable.) On the 9th of Sept. I was on duty at Friar-street—I know the prisoner, and saw him about the time the clock struck four, at the corner of Friar-street, about thirty yards from the prosecutor's shop—he had a shawl tied round his neck and face—he was standing still—I watched him—I have known him for years—I did not see him do
anything—I missed him from the place, and shortly after I heard an alarm and a window opening, and the prosecutor singing out, "What are you doing there, you vagabond"—I then saw the prisoner sneak out of the doorway a few yards, and then commence running—he ran round Union-street—I ran after him through several streets—at last I found him on the ground, in custody of a brother constable—I lost sight of him a few yards in turning round, and then saw him in custody—I had followed him above a quarter of a mile—we took him to the station—I then fetched the prosecutor to charge him—he came to the station to charge him—when I went for the prosecutor, I found the glass of the fan-light over the door broken—the knob of the door was grazed and covered with fresh mud, as if somebody had been standing on it—we looked along the streets he had run, but found no property—there was a piece of beading, an inch and a half wide under the fan-light, which a man could put his hand on and draw himself up by—we found nothing on the prisoner except the shawl, which he had round his neck when I first saw him.
JOSEPH RONO (police-constable.) On the morning of the 9th of Dec. I was on duty, and about four o'clock I heard a cry of "Stop thief!"—I saw the prisoner running a minute or two after, and Hampton running after him—he came running towards me—I stopped him, but found nothing on him—he was sober—I consider he feigned drunkenness—when I got him to the station he was not drunk—he was told the charge was breaking a fan-light, and made no answer to it.
Prisoner's Defence. About twelve o'clock I met a person who was going to Birmingham next morning; I went and stopped drinking with him till half-past three, then went straight down Union-street to Price's night-house and had some gin and milk; as I passed the end of Wellington-street, I saw the policeman; I stopped at the end of Friar-street, considering whether I should go to my sister's or go home; I determined to go to my sister's; I crossed the road, tumbled against the door, and threw two pieces of glass down; the man called out; I thought I had broken a window which was over me.
Before Mr. Recorder.
316. DANIEL BUCKLEY and WILLIAM GIBBS were indicted for assaulting Thomas Henry Waite, putting him in fear and danger of his life, and stealing from his person, and against his will, 1 watch, value 3l.; 3 sovereigns, and 2 half-crowns; his property; and immediately before, at the time of, and after the said robbery, feloniously beating, striking, and using other personal violence to him.
MR. PRENDUGAST conducted the Prosecution.
THOMAS HENRY WAITS I am a market-gardener; I reside at No. 1, Neat-street, Old Kent-road. On the 24th of Nov. I was going home from a friend's house at Whitechapel—I got to St. George's-church, in the Borough, from half-past one to two o'clock, or it might be two o'clock—I had about me three sovereigns, two half-crowns, and a watch—I was on the right-hand side, coming from London-bridge—just as I was going across the Dover-road, to Mint-street, towards my home, the two prisoners came up to me—Buckley put his leg in front of me, and Gibbs shoved me over Buckley's leg—he shoved
me down, and kneeled on my back—I fell on my stomach—I received a violent blow on my face before I fell—Gibbs kneeled on my back while Buckley put his hand into my pocket, took my money from my pocket, and my watch, and handed it to a stout female, who ran up the Mint—Gibbs did nothing more than put his knee on my back, and kept me down—the prisoners went towards the Town-hall, towards London-bridge—I saw the watch delivered to the female—I met a policeman in two or three minutes—I gave information, and described the parties—I saw another policeman afterwards, and I went, accompanied by the policeman, to various places—I believe we went to two public-houses—the last was the White Hart—I staid outside—the policeman went in—I was called, and when I got in I saw from twelve to fifteen males and females before the bar, drinking—amongst them I fixed on the two prisoners as the persons by whom I had been robbed—I pointed them out to the policeman—when I said, "Those are the two that knocked me down," Buckley took Gibbs's hat, and Gibbs took his cap, that I should not know them—I saw that done—that was just at the time I was identifying them—I am quite sure they are the parties that robbed me—Buckley had corduroy trowsers, a sleeve waistcoat, and a cap, and Gibbs was dressed in dark clothes, with a hat on—he had a dark frock coat—when I was in the public-house Buckley had a hat on, and Gibbs a cap—I did not exactly see them shift them, but I noticed them afterwards—I said, "These are the two men, but they have shifted their hats"—I knew them though they had changed.
Cross-examined by MR. PARNELL. Q. You did not see them shift them? A. No; it was done all in a moment—I had been to Mr. Ashby's, to spend the evening—my brother took me to his house—he lives just through the Mileend turnpike, on the left-hand side, No. 4, down a court—he is foreman of St. Katharine's Docks—I went there at nine o'clock in the evening, and stopped till from half-past twelve till a quarter to one—I had a glass or two of porter and a pipe—I supped with him, his wife, and family—we might have had from three to four pots of porter between us—we had no spirits or wine—I walked home alone—my brother stopped there all night, and his wife too—I had walked quickly on, and spoken to no one—I had nothing to drink—the houses were all closed—I have been in a little trouble through bad company—a gardener had come to me and offered for me to sell some standard roses and peaches—I went to offer them, and they brought it in that I knew they were stolen, but I did not—I was put in Brixton for it for six months—I do not know what Court sent me there—that had nothing to do with a seed case in Leadenhall-street—they took the wrong parties then—I was taken up, but I was discharged without a stain—when 1 was at St. George's church on this night it was about a quarter before two, or it might be five minutes to two—Buckley struck me—I carried ray watch in my waistcoat pocket—I do not know how Buckley took my watch while Gibbs kneeled on me, and I was on my stomach; it was done in an instant; my watch was gone, and my pocket turned inside out—they might have done it as I was falling, or it might have been done when I was down—just as I got up the policeman came up, and he said, "What sort of persons robbed you?"—I said, "One was a tall one with a sleeve jacket, the other a short one"—he said, "I have just passed them; we will go in search of the woman; we will find them byand-by"—the policeman came up just as I was running towards the Townhall, between running and walking—the prisoners were still in sight—we did not pursue them—the policeman said he knew them, their names were Buckley and Gibbs—he said, "I know them to be noted thieves; but we will go in search of the female."
Cross-examined by MR. PAYNE. Q. When did you last do any marketgardening? A. I worked on Saturday morning—I have worked from the 1st of Aug. till now—my place of business is in Covent-garden, and sometimes in the Borough—I have been before a Magistrate twice in my life—I was once remanded—I do not know the Court that sent me to Brixton; it was in the Old Bailey—I do not know whether it was the Old Court or the New—I do not know what Judge tried me—I had a Counsel—I do not know who he was—I had the money which I was robbed of from my brother—I had 5l. of him—I was quite sober—I had left my friend's house at half-past twelve, or a quarter to one—his house is just through the Mile-end turnpike—I never saw the prisoners in my life before—I was not stunned; I should have been stunned, had it not been for my hat—the blow struck me on the right eye, bat the leaden thing that he had bent my hat—if they had struck me a little lower I might have been killed, but the hat saved the blow—it was Buckley struck me.
Q. All that Gibbs did was, while you were down, he kneeled on you while the other took the things away? A. Yes—it was Westmorland said, "I know them well, their names are Buckley and Gibbs"—I have been out of prison four months, from the 1st of Aug.—I have not been charged with exciting a servant to rob his master, only that time, six years ago, about the seed—they said they believed it was two persons named Waite offered 6s. for a bushel of onion seed—the Lord Mayor said, "Oh, believe, believe! that won't do"—he said, "You had better remand them a week," and we were, and there was nothing brought against us, and the Lord Mayor discharged us without a blemish on our characters—I dare say Ashby knew that I had ten six months in Brixton, and had only been out four months—he knew at I was taken there innocently, only by going to offer a few samples rose and peach trees—I was innocent—my brother is an independent man respectability—the blow I received did not stun me for a few moments—when I got to the public-house I was kept outside from one to two or three minutes, as near as I can guess, before I was let in—I have appeared twice as a prosecutor—one was for a robbery in the street, and the other in the case that is now on—I took up one person charged with robbing me, besides these prisoners.
Q. When you got into the public-house did you not point to Buckley and say, "That is the man that robbed me?" A. I said, "That is one of the men that robbed me"—I did not hear Mackintosh tell Buckley he must come with him, and tell Gibbs he should take him also as being concerned—I was within two or three yards of them, but there was a mob of from twenty to twenty-five, men and females.
MR. PRENDERGAST. Q. YOU were robbed once before, you say? A. Yes, and on that matter that took place six years ago the Lord Mayor discharged me—I was walking with my hat on, and Buckley struck me, and the rim of my hat saved the blow—then his leg was put out—Gibbs knocked me down, and I laid on my stomach—I am sure the blow was not with the knuckles—the thing he had cut my hat—the knuckles cut my nose—I was covered with mud—if he had struck me a little lower I must have been killed—it seemed a heavy thing to me.
JOHN WESTMORLAND (police-constable.) I was in the Borough that morning—it was after two o'clock—I was four or five doors from where the prosecutor states this took place, very nearly facing St. George's Church—I saw the prosecutor—he gave me information that he had been robbed, and he gave me a description of the parties—I had seen Buckley and Gibbs coming away from that spot—I went with the prosecutor to the King's Arms and the White Horse—I
went into the White Horse—there was nobody there—I went to Buck, ley's house and searched it—I came down and met the sergeant, and told him the case—Buckley and Gibbs were the men that I had met coming in that direction that morning—I knew them well before—Buckley had a kind of sleeve-jacket or waistcoat and corduroy trowsers on.
COURT. Q. Did their dress correspond with what the prosecutor described? A. Yes, Buckley had a hat and Gibbs a cap on when they passed me—they were going at a fast walk—I knew them before by sight so as to be certain of them—it was about twenty minutes after two when I went to Buckley's.
Cross-examined by MR. PARNELL. Q. Have you ever said before that you went to Buckley's house? A. Yes, at the police-court—it was about ten minutes or a quarter past two when I met the prisoners—I went up to the prosecutor about five minutes afterwards—he was not running—he seemed just recovering—the prisoners were not in sight when I saw the prosecutor—it is not true that I said to him, "I know them, they are Buckley and Gibbs"—I did not go with him in pursuit of a woman.
COURT. Q. Did you make any observation to the prosecutor when be described the prisoners' dress? A. Yes, I said I saw two men pass by me answering that description—I cannot say whether I said, "I know who you mean, I know the men."
Cross-examined by MR. PAYNE. Q. Was the prosecutor sober? A. He was quite sober—this is my name to this deposition—I might say, "I know them well; one is named Buckley, the other Gibbs"—the prosecutor had the appearance of having been knocked down—I did not notice that—he bad an impediment in his speech—I did not describe Gibbs as another man with Buckley dressed in dark clothes—(deposition read)—I had met the prisoner Buckley and another man with him (dressed in dark clothes), about five minutes before—they were coming in the direction from the Mint, and were about seventy yards off the Mint—Buckley had on a sleeved waistcoat (no coat.)
Q. How do you explain this; you said you did not describe the other man as dressed in dark clothes, but you knew him? A. Yes—he was Gibbs—I did not observe that the prosecutor had an impediment in his speech.
COURT. Q. Which is correct, what you said before the Magistrate, or to-day? A. Very likely, by passing it over in my mind I have a better recollection now than I had then.
MR. PRENDERGAST. Q. You say here, "I had met Buckley and another man with him dressed in dark clothes about five miuutes before?" A. Yes—I knew both the prisoners before—I knew Gibbs's name—when the prosecutor came up to me he seemed all in an uproar by being knocked down—he might have a peculiarity of speech—I was sworn and examined the next morning—I do not think we signed the deposition the same day—I do not think it was read over to me.
JOHN MENHINICK (police-sergeant ilf 20) About three o'clock that morning I saw the prosecutor and Westmorland in Falcon-court, near St. George's Church—the prosecutor stated he had been robbed, and described the parties in my presence, and Westmorland gave me information that he had met some person—I went with another officer and the prosecutor to the White Hart—the door appeared to be shut, but was not fast—I pushed it and got in—I saw a number of persons in front of the bar—the prosecutor remained outside till I saw whether there was any one inside—I then went out and took the prosecutor in—he pointed out Buckley directly—he said, "That is the man that robbed me"—I told Buckley I must take him into
custody, he must come with me to the station—I told Gibbs I should take him also, as being concerned in the robbery—I did that in consequence of what Westmorland told me—when I took Buckley by the collar I lost my staff in a moment—some one took it—I went out and sprung my rattle to get assistance—when I returned to the house Gibbs had made his escape—I looked after him and found him in a cab, at the bottom of the yard, within ten minutes afterwards—he said we must have made a mistake, he had been there asleep two or three hours—there was no property found on the prisoners—it was about three o'clock when I got to the public-house, and about half-past when we got to the station.
Cross-examined by MR. PARNELL. Q. It was between half-past two and three o'clock when you first saw the prosecutor? A. Yes—I did not go to any other public-house—I know Buckley well—he sometimes wears a hat, and sometimes a cap.
MR. PAYNE to THOMAS HENRY WAITE. Q. I ask you once more, whether you swore the blow did stun you for a few moments? A. No—I hare never sworn it did—this is my signature to this deposition—it was not read over in my hearing—I signed it in the Court—I did not hear it read over—the clerk said, "You sign your name here, T. H. W.," and I did—I think the clerk did read part of it—I did not pay much attention to it—the blow cut the rim of my hat. (The witness's deposition being read, contained the following sentence:—I "Buckley put out his foot, and at the same time with his arm he pushed me; the blow I received stunned me for a few moments, and when the prisoners left me I had got up.")
Q. According to this you say the same person struck you and tripped you up? A. No, Sir, if that is down, I did not say so—I said the tall one struck me in the face, and my hat saved three-parts of the blow—I did not say the tall one put out his foot, and the same person pushed me down—I did not say, "The blows I received stunned me for a few moments"—I do not recollect saying the blow stunned me—I could not appear the next morning, for my knee was cut open—I could not move out of my bed—I should have been killed if he had struck me a little lower—the rim of my hat caught the blow with the heavy thing.
JOHN MANHINICK re-examined. The prosecutor was bleeding, and his face completely covered with mud—he said the tall one had a cap on, and the other a hat; and when I found them at the public-house, the tall one had a hat on, and the short one a cap—I did not hear the prosecutor point out Gibbs.
Cross-examined by MR. PAYNE. Q. Did you go out and call the prosecutor and the other policeman? A. Yes—the prosecutor said Buckley was the man that robbed him—Gibbs was close to him—I took Buckley, and told Gibbs he must go with me—that was in consequence of what the prosecutor said—he made the observation that there had been a change of hat and cap at the time—I have known Gibbs for years—I know several men named Connor, but none like him—the yard of the public-house has a gate—I closed that gate when I went out, and when I went in again I found Gibbs in the cab in the yard.
BENJAMIN PAINE (police-sergeant M 7.) I accompanied the prosecutor and policeman to the White Hart—I remained outside a little while, then the prosecutor and I went in—the prosecutor pointed out Buckley, and then he turned to me and said, "That other party was with him"—that was Gibbs.
Cross-examined by MR. PAYNE. Q. Were you before the Magistrate? A. I was not—Manhinick was in the room when the prosecutor said Buckley
was the man that robbed him, and Gibbs was close to him—I heard Manhinick say he should take him; and then the prosecutor turned to me, and said Gibbs was the person who was with him—I do not know whether Manhinick heard it.
COURT. Q. Were there many persons? A. From fifteen to twenty persons—there was great confusion—I had hold of Buckley, and they showed a disposition to rescue, and Manhinick went out to get assistance—when assistance arrived, I gave over Buckley, and then Gibbs was away—I found him in the cab.
JURY to JOHN WESTMORLAND. Q. Have you seen the prisoners in company before? A. Yes, repeatedly—I did not see any woman going away.
NOT GUILTY .
Before Mr. Common Sergeant.
317. MATILDA HESTER was indicted for stealing 1 pair of trowsers, value 6s.; 1 handkerchief, 1s. 6d.; 5 pairs of boots, 15s.; and 1 pair of shoes, 2s.; the goods of Henry Sanders: also 2 table-cloths, value 8s.; 5 sheets, 7s.; and 2 flat-irons, 8d.; the goods of John Slaun, her master; to which she pleaded
GUILTY . Aged 27.— Confined Three Months.
GUILTY .— Confined Four Months.
319. GEORGE THOMPSON was indicted for stealing 1 jacket, value 15s.; 1 waistcoat, 17s.; 1 pair of trowsers, 12s.; and 1 pair of shoes, 6s.; the goods of George Wheatley: and 1 pair of trowsers, value 7s.; and 1 pair of stockings, 1s.; the goods of John Gibson; to which he pleaded
GUILTY .* Aged 30.— Confined Three Months.
320. HENRY WILLIAMS and EMILY JULIA WILLIAMS were indicted for stealing, on the 24th of Nov., 2 glazier's diamonds, value 1l. 5s., the goods of Sarah Royle; and that Emily Julia Williams had been before convicted of felony; and EDWARD WILLIAMS for feloniously receiving the said goods, well knowing them to have been stolen; against the Statute, &c
JAMES STARR . I am a glass-cutter, and live at Kennington-row, Kennington-common. On the 24th of Nov. I lost two diamonds—I saw them safe about three o'clock, and missed them a few minutes afterwards—I believe these now produced are them—this one I can swear to.
WILLIAM LOWE . I am shopman to Mr. Attenborough, a pawnbroker. I have one diamond, which I took in of the prisoner Henry Williams on the 24th of Nov.—his father, the prisoner Edward, has been in the habit of sending him, and sending a note with him—I had this note with this diamond—"Mr. William wishes to have 4s. on this diamond"—I have known the father two years—he has been in the habit of sending these children with these notes.
Henry Williams. I found the diamond.
THOMAS WILLIAM REDFORD (police-constable L 52.) I went to the prisoner's house and saw the father, Edward Williams—I asked him if he sent his girl with a ticket of diamond to Mr. Payne to sell it—he said he had—I asked if he had not another diamond—he said he had and he had not, for he pawned it at Mr. Attenhorough's—I asked for the ticket, and he produced it—I went to Mr. Attenhorough's, and the prosecutor identified the diamond.
BENJAMIN PAYNE . I had the duplicate of a diamond pawned at Mr. Archbutt's, brought to me by Henry Williams—he said his father sent his I respects, and said he had no desire for me to pay for it then—I bought the ticket—I paid him 9d. for it, and then 3d.—I then came with the officer to his father—the officer asked him if he had sent the duplicate of a diamond—he said he had.
THOMAS LOCKYER (police-constable L 135.) The two children, Henry and Emily Julia, were brought to the station where I was—Henry cried very much, and Emily Julia said to him, "Do not cry, they will not do anything to you"—he said, "Will not they?"—she said, "No"—he said, "You must say I was not with you when you took them; we must say that father gave I them us to pawn, and we sold them to a Jew in the street, and the other two, a woman came along and gave them us to pledge"—Emily Julia said, "Yes."
EDWARD DIXON (police-constable L 85.) I produce a certificate of the prisoner Emily Julia Williams' former conviction at this Court—(read Convicted the 11th of May, 1846, and confined three months)—she is the person.
Edward Williams put in a written defence, stating that he had sent his children out, and they brought in a diamond, saying they had found it; that he desired them to preserve it, that the owner might be found; but being in distress through illness, he sent it to pledge; that he knew nothing of the other diamonds, and had only stated what he did to the officer to screen his children.
HENRY WILLIAMS— GUILTY . Aged 12.
EMILY JULIA WILLIAMS— GUILTY . Aged 16.
EDWARD WILLIAMS— NOT GUILTY .
321. WILLIAM ALLFORD and GEORGE WALKER were indicted for stealing 1 copper funnel, value 1l., the goods of Thomas Lucock; 3 brushes, 1s. 6d.; 1 towel, 3d.; 1 fork, 1d.; 1 box of blacking, 2s.; the goods of Alfred Fife, in a vessel on the River Thames; and that Walker had been before convicted of felony.
MR. RYLAND conducted the Prosecution.
HENRY JOSEPH KING (Thames police-constable, No, 30.) I was on duty, at half-past one o'clock in the morning of the 29th of Nov., in a boat near Rotherhithe—Havinden was with me—I saw the prisoners in a boat, rowing from between two tiers of vessels towards the shore—I boarded them, and asked what they had got in the boat—I saw this bag under Allford's feet—I took possession of it—I asked whose boat they had got there—Allford said, "You can read, look and see; it is Barrett's boat"—Havinden looked in my presence, and there was no name on it—there were sculls with a name on them—I took this bag, and Havinden took these two pieces of copper, which were under Allford's feet, and put them into my boat—I took up one scull, to prevent the prisoners' going off—Allford took it out of my hand and said, "I will sooner lose my b—life than go up there"—I took the boat out into the centre of the stream, and Allford took out something which I thought was a knife—I took the truncheon, to prevent him from doing anything, and he said, "If you do that I will put this in you"—Walker then came with a knife, and attempted to cut the headfast—I prevented him, and Allford said,
"Whip the knife into his b—guts"—I made an alarm, assistance came, and they were taken—I found these three brushes and other things in the bag—these two pieces of copper have not been identified.
Cross-examined by MR. BALLANTINE. Q. I believe they made no use of their knives? A. No.
HENRY HAVINDEN (Thames police-constable. No. 45.) I was out with King, and saw these things found, as he has said—Allford said he would sooner lose his b—life than go to the station—I saw a knife in Walker's hand.
ALFRED FIFE . I am a Custom-house officer. On the 29th of Nov. I was on board the schooner John, at Quebec-wharf, Rotherhithe—on that night I lost a box, which I had left safe on the deck the night before—about seven o'clock the next morning the box was gone—it contained these three brushes, this towel, this piece of soap, and other things—this bag is mine, and was in the box, which was locked—I can swear these are my things.
THOMAS LUCOCK . I am master of the schooner John—this piece of copper is the top of my funnel—it was safe on board at eleven o'clock at night on the 28th of Nov., and I missed it at seven o'clock the next morning.
SIMON BARRETT . I am a lighterman, and live at Rotherhithe. I bare seen the boat the officer took possession of—it is mine—I never lent it to the prisoners—it was safe at eight o'clock at night on the 28th of Nov.—I missed it at twelve o'clock that night.
THOMAS HUBBARD . I am a waterman. I have seen a pair of sculls found in the boat the prisoners had—they belong to me—I never lent them to the prisoners—I always bid them defiance of taking anything belonging to me.
Allford's Defence. I walked down to Prince's-stairs, to see if my father's boat was safe; a sailor asked if I could put him on board a ship; I said, "Yes;" 1 saw a boat, and said, "I will take this;" the officer came and asked what I had; I said I did not know; he found these things; I was not aware they were there, or I would have thrown them overboard.
JOHN BAILEY WELLS (police-constable M 54.) I produce a certificate of Walker's former conviction at this Court, by the name of Thomas Williams—(read—Convicted Feb. 3rd, 1845, having been before convicted; confined twelve months)—I was present at the trial—he is the person.
*ALLFORD— GUILTY . Aged 20.— Confined One Year.
†WALKER— GUILTY . Aged 19.— Transported for Seven Years.
Cross-examined by MR. PARNELL. Q. When did you see it again? A. In Feb. last—I know it by different marks—there was a mark where the iron had been spliced at the top of the handle—I accused Fletcher, and took him up—the truck was found with him.
Cross-examined. Q. Had you ever seen him before? A. No—he hired it in the name of Mr. White, pork-butcher, at the corner of Wellington-street—we
let trucks out at 3d. an hour—I asked him to leave 1s. on it—he said his master gave him none—he was to have it half-an-hour.
Cross-examined. Q. What are you? A. A painter and glazier—I had known the prisoner six years—I had had dealings with him about two other trucks—I bought one truck of him—I had not been in the habit of going with him to buy and sell trucks—in April or May he brought me a bricklayer's truck to change for a bedstead—I sold this truck for 12s., and gave the prisoner 11s.—I did not buy it—I am a broker and a painter and glazier—I was never brought before a police-court, only when Mr. Fletcher was taken—I could not produce the prisoner, but I gave a satisfactory account, and they discharged me—I did not say that if they would give me 2l. I would not appear—the prisoner's brother offered it me.
GUILTY.*— Confined Six Months.
(There were two other indictments against the prisoner.)
CATHERINE CALVIN . I am the wife of Edward Calvin—he keeps a shoewarehouse at Kennington Cross. On Fridry morning, the 4th of Dec, Richard Sidney Heath came to the shop and asked for a pair of shoes—I said I had none to suit him—he went away, and as soon as he was gone somebody came in, and I found a pair of shoes were gone, which I had seen safe when I opened the shop, which might be an hour before—this is the pair—they are my husband's.
JOSEPH POTTER . I saw Richard Sidney Heath go into the prosecutor's shop—William Heath was waiting outside—Richard Sidney Heath came out again—I went into the shop, and heard what was lost—I went after the prisoners.
WILLIAM ATLEB (police-constable L 110.) I took Richard Sidney Heath, William Heath ran away—I found these shoes afterwards at the lodging, where the two prisoners lodge with their mother and her daughter.
William Heath I do not lodge there.
Richard Sidney Heath. The woman said she missed the shoes about twelve o'clock, and was there not time enough for anybody else to have gone in and stolen them? I bought the shoes.
JAMES FROST (police-constable L 59.) I produce a certificate of William Heath's former conviction at this Court—(read—Convicted April 11th, 1845, (having been before convicted of felony,) and confined nine months)—he is the person.
WILLIAM HEATH— GUILTY . Aged 20.— Transported for Seven Years ,
RICHARD SIDNEY HEATH— GUILTY . Aged 17.— Confined One Year.
Before Edward Bullock, Esq,
RICHARD LEE . I am a shoemaker. On the evening of the 9th of Dec. I was going along St. George's-road, and I saw the prisoner carrying a box of raisins—he turned up a dark court, put the box down, and sat on it—I went and asked how he came by it—he said two boys gave him 2d. to carry it—I kept him till a policeman came, and gave him into custody.
JOSEPH RACKSTRAW (police-constable L 120.) I was called to Nelson's-court, and took the prisoner and this box—he said it was hard that he should be taken—he said two boys gave him 2d. to cary it, he looked round, and they were gone—he was about 100 yards from the prosecutor's—I took him and the box to the station.
RICHARD BROAD . I am shopman to Mr. William Brown, a grocer, in St. George's-road. I believe this box to be his, from the corresponding marks—on Wednesday, the 9th of Dec, about one o'clock, we had twentyfive boxes of plums and I missed one at half-past five—I believe this is it—it is worth about 23s.
Prisoner's Defence. I was coming down the London-road; I met two decent boys; the biggest asked me to carry the box round the corner; I took it, and turned, and they were gone; I put it down, and this man asked what I had got
GUILTY . Aged 26.— Confined Three Months.
Before Mr. Recorder.
GUILTY . Aged 23.— Confined One Month.
MATTHEW BIRD . I am a tailor, and live at Lambeth. The prisoner lived with me—I spoke to her about a ring, which I missed from the looking-glass drawer—I had seen it safe a fortnight or three weeks before—she denied knowing anything about it, but afterwards she said she had found a ring on the floor, and given it to her mother—I went to her mother, and the officer found it.
Cross-examined by MR. PATNE. Q. She was not your servant, was she? A. Yes—I keep the house, No. 82, Lambeth-walk—it was in my father's name, but he has been under my support for years—there is no mark on this ring of its being gold—it used to be kept in the drawer—there are three lodgers—one slept in the same room with me—I bad not seen this ring for three weeks—I am sure it is gold—the officer took the prisoner to her mother's, and her mother was wearing the ring—the prisoner said she picked it up in sweeping.
JURY. Q. Had the prisoner been to that drawer? A. Yes, she had wound up my watch which was in it.
NOT GUILTY .
RICHARD GOLDING (police-constable V 31.) About half-past seven o'clock in the evening on the 12th of Dec, I was in Payne's-lane, Wimbledon—I saw the two prisoners, each carrying a sack with something in it—I stopped them, and asked what they had got—they said, "Saw-dust"—I felt it to be
corn—I took them into a beer-shop, and got assistance, then took them and the property to the station—I found on Leverett a key—in the sack which he carried were three bushels of meal, consisting of pollard and sweepings, and in the sack Pearce carried, were two bushels of peas—I went to Mr. Bridge's farm, and the key I found on Leverett unlocked his granary, which it about 200 yards from where I stopped diem—I found in the granary some peas in a bin, and in another bin some meal corresponding with what was found in the sack—the peas are called pig-peas.
Cross-examined by MR. EVANS. Q. Where are the peas? A. Here are some which I took from the bin, and some from the sack—I have known the prisoners two years—I never knew anything against them—they were in the employ of Mr. Bridge, as carters.
GEORGE HANCOCK . I am in the employ of Mr. Thomas Bridge. The prisoners were his carters—they go with the horses, and take care of them—they bad to go to his granary to get corn—Pearce's father had the care of the granary—I went to the granary for some meal for the pigs, about four o'clock on Saturday afternoon, and forced the door—the key was generally kept at Pearce's house—I locked the door, and gave the key to Skinner—I saw a tack of peas lying on the granary-floor—it was similar to this—I went there again on the 13th, and the sack was gone—I missed some meal—it is like he meal that is produced here to-day by the officers.
NOT GUILTY .
328. WILLIAM EVANS was indicted for stealing 36 pairs of gloves, value 28s.; 24 pairs of socks, 11s.; 144 pairs of stockings, 5l. 4s.; 36 nightcaps, 13s.; 24 handkerchiefs, 18s.; 6 woollen waistcoats, 22s.; 36 web-belts, 16s.; 36 boxes of pins, 5s.; 12 papers of pins, 4s.; 6 lbs. weight of thread, 17s.; 2 lbs. weight of cotton, 2s. 5d.; 8 gross of buttons, 6s.; 2 lbs. weight of hairpins, 1s.; 1 yard of canvass, 1s.; 72 yards of gimp, 2s.; and 576 yards of braid, 8s.; the goods of Thomas King.
MR. ROBINSON conducted the Prosecution.
WILLIAM STANFIELD . I am in the service of Morrison, Dillon, and Co. On the 27th of Nov., I packed up a bale of goods—I can swear this wrapper (looking at it) is what I packed them in—here is a mark on the corner—there were in it hosiery, gloves, some cambric handkerchiefs, haberdashery, socks, stockings, web-belts, pins, and thread—they were packed in tins bale—it was put into the cart of Morrison and Co., and taken to the Queen's Head, in the Borough.
WILLIAM JUDD . I am carman to Mr. Thomas King, of Croydon, in Surrey—he is a carrier. On Tuesday, the 1st of Dec, I received this bale from the Queen's Head, Borough—I put it into my cart, and was going down to Croydon—when I got near Brixton church, I overtook a young man—he got into conversation with me; and when we got to the White Horse, he said he was going to have half-a-pint of beer, and asked me to have some—while we were there, Spong came, and gave me information—I went out, and missed this bale of goods out of the cart—I did not see any person near there—I heard a cab going down the road—it was about eight o'clock at night—as soon as the man who went in with me heard what Spong said, he followed me out, and said, "What is the matter?"—Spong said the cart had been robbed—he said, "You don't say so"—Spong said, "Yes"—he said, "Come
on, we shall overtake them before they get to the church"—we all three ran on; and the man being rather faster on the foot, outran us, and I never saw him again—I did not notice the prisoner when I went into the public-house.
DAVID SPONG . I lodge at the White Horse, at Brixton. On that night I saw a cart pull up at the White Horse—Stanfield and another man went into the public-house—I was crossing, and saw a cab turn round, facing the can—the cab was coming from London, and it turned round; and as I was coming from the farrier's shop, I saw two men with a bale of goods in their hands, and they put it into the cab—the two men went in, and another man came across from the other side, he ran after the cab, and they all went off together—I could not say that the prisoner was the man who was driving the cab—I only saw the back of the driver—I went into the public-house, and said the cart had been robbed—I then went to Acre-lane—I saw the horn-patrol, and gave information—we went on to Camberwell-green, and found the cab had come back to Brixton station, and found the prisoner in custody.
WILLIAM MARSH (police-constable P 240.) On Tuesday night, the lit of Dec., I was on duty as mounted patrol, at Brixton—in consequence of information, I went in pursuit of a cab—I stopped a cab at Camberwell-green—the prisoner was driving it—I did not follow in the direction of the cab—the first I saw of it was when I got near Camberwell-green—I stopped the prisoner, and asked if he had any passengers inside—he said, "No"—I asked if he had any property inside—he said, "No"—I looked inside, and saw this bale of goods which I now produce—I then asked where the three men were that were in company with him—he said they had got out, and were coming in the direction of the Camberwell New-road—I gave him into custody, and went down Camberwell New-road—I met three men—I asked them to wait a few minutes, till a cab came up—they waited a few minutes, and when the cab came in sight they ran away—I stopped one of them, named Jones—I found on him a false key—the prisoner said he was to drive the goods to the Elephant and Castle, and wait there till those three persons came.
COURT to DAVID SPONO. Q. Yow saw a bale put into the cab? A. Yes, by two short men—the driver was looking at them all the time the goods were put into the cab—the cab was turned round facing the White Horse—it had been brought in one direction, and turned round and returned—the driver had his head round—I did not see his face sufficiently to know him—it was at eight o'clock at night.
Prisoner, I beg your pardon, I was not looking round, I was looking another way.
STEPHEN HARRIS (police sergeant P 49.) I was on duty at Camberwell-green—I saw the cab detained by Marsh—I took charge of it and the prisoner—I asked him the description of the three men, and he gave a description of them—we went in pursuit down the Camberwell-road, and when we got opposite Fryer's nursery, he said there was a shed down there, and that the bale was put in there.
COURT. Q. How far is that from where the cart stopped? A. I should say two miles—the prisoner said the bale was put in by three men; he was coming along the road, and they called him, and put it into the cab—I saw Jones running away—Marsh took him—I heard Jones say to the prisoner "You recollect where the wheels went in."
WILLIAM JESSE (police-constable P 138.) I was at the station-house when the prisoner and Jones were brought there—I searched the cab, and found this life-preserver in it—Marsh being a young constable, I did not feel satisfied with his searching them—I requested him to search them more minutely—Jones seemed reluctant to be searched over again, and the prisoner said, "Go ahead, Bill, never mind"—when Jones was searched more minutely a skeleton key was found on him.
Prisoner. It is quite false what the policeman has asserted about my speaking to Jones.
WILLIAM MARSH re-examined. I have been to the Registrar's-office, and find the address the prisoner gave for the number of the cab is fictitious—this license was found on the prisoner, with the address "No. 31, Wick ham-street, Vauxhall"—I went there, and he was not known there—I saw the party who rents the house.
Prisoner's Defence, The people moved away, and I moved likewise; I was hired by a man who took me up to Kennington-cross; I was returning back, and he looked out of the window, and saw two other men; he told me to. stop; he went and spoke to them; I asked for my fare; he told me to follow him, and he would make it all right; I followed him to the White Horse, and he told me to turn round; I was going on, and they brought the bale to the cab; one man got in, the other got outside, and the man running by the side told me to drive down Coal Harbour-lane; the man running by the side told me to follow him; we went down Camberwell New-road; they got out, and told me to go to the Elephant and Castle; my suspicions were then excited, and my intention was to go to the station-house and give the bale into custody; before I got to the corner the patrol stopped me.
COURT to WILLIAM JESSE. Q. How far is the place where the bale was put into the cab from the White Horse? A. The place where Spong describes it was put in is about fifty yards—the cab was on the other side of the road, nearly opposite Raleigh-lodge, a very dark part of the road—the prisoner had driven by two station-houses before the patrol stopped him.
GUILTY . Aged 20.— Transported for Seven Years.
SAMUEL HUNT . I am a baker, and live in Tooley-street. I have a flourloft over a passage that was formerly used as a back entrance to the Colonel Wardle public-house—that entrance is now inclosed for a coal-cellar—Wilmott was my journeyman—on the 1st of Dec. a police-officer brought a loaf of cottage bread to my bakehouse—I was in the habit of allowing Wilmott four quartern loaves and one quartern of flour each week—they were delivered to him in the shop as he was going out—I have no recollection of ever giving him any cottage loaves—I am certain I did, not the last week he was with me—I never put any bread down by my flour-loft, into the coal-cellar underneath, and certainly never gave directions to any one so to do—when the policeman brought in the loaf of bread I told Wilmott it was abominable for a man like him to do it, with the wages I paid him—Beavis is potman at the public-house next door—I have examined the floor of my flour-loft, and find there is a loose board which will take up—on taking it up I could see into the coalcellar below, which belongs to the public-house—the board was four feet long and ten inches wide.
Cross-examined by MR. PARNELL. Q. How long have you lived in this house? A. Nearly five years—my brother is not in partnership with me—I carry on business on my own account—Wilmott has been in my employ since Feb.—he takes out bread to the customers—I serve in the shop—I give him his loaves and flour on Mondays, Wednesdays, Fridays, and Saturdays—I am certain I did not give him a cottage loaf the last week—I cannot
say that I never gave him one—if I had had a stale loaf I might—the loaf that was brought to me on Tuesday, 1st Dec., was Saturday's bread, I am certain—I was not aware of this board being open—I have never had any communication with the public-house through there, nor has anybody else to my knowledge—I never had wine, or beer, or spirits passed up that way—my servants have had beer through a hole in the wall, which I have had stopped—they never had beer or spirits through this hole in the floor to my knowledge—I do not know what was the reason it was passed through the wall, but it was on Sunday morning perhaps, that was the reason—I said, "I would transport my man if I could," and any one else would have done the same, who had been robbed as I have—I have been cruelly robbed ever since he lived with me—the publicans were customers of mine—they came in for bread.
COURT. Q. What wages had Wilmott beside this allowance of bread? A. 22s. a week—I had no other man—there was no one on my premises but him and me—I never let anything down that hole.
WILLIAM BENSTEAD . I shall be nineteen years old next Aug.—I live with my parents, at No. 24, College-street, and know Beavis—he is potman at the Colonel Wardle, which is next to Mr. Hunt's—I was employed by Beavis to clean out the tap-room, and to fetch coals and coke from the cellar which is under Mr. Hunt's flour loft—I went there about ten o'clock every morning,—on Monday, 16th Nov. I saw a bag and a string coming down, and a baker's hand, which was all over flour, through the flooring of the loft-there was something letdown—it appeared to me like bread—it was smoking hot from out of the bakehouse—I did not see Beavis while this was letting down—the person that let it down shook the string, and it broke—the bag tumbled down a little way—Beavis came in and put it into his wife's apron, and she went out with it, bag and all—some of the string that was let down was pulled up again—there is no cupboard in the cellar, there is in the tap-room—the next morning I was in the cellar, and a bag came down with flour in it—this was repeated every morning for a whole week.
Cross-examined. Q. It was for a week, was it? A. Yes, from Nov. 16th to the 23rd—I went into Beavis's employ on the 16th Nov.—I staid in his employ two weeks—I went every day, at seven o'clock in the morning when the house was opened, and came away about half-past ten o'clock to go to work—I went again at night, to help him a little—this used to happen about ten o'clock every morning—on the 16th Nov. the string broke, and the bread tumbled on the coals, then Beavis came and picked it up—he did not untie the string—I cannot read or write—before I went to Beavis I was employed at Mr. Newell's rag shop in Tooley-street, for about six weeks—he did not turn me away—I was still there when I went to Mr. Beavis—Mr. Beavis did not turn me away—I went away, because my mother would not let me go any more—I have been out at service in this way for about fire years, at different places—I bought this jacket that 1 have on—the cellar it dark—I did not swear before the Magistrate that Beavis came and untied the string—I could see in the cellar, because the door was open—he used to send me into the cellar to fetch coals, and he came in just afterwards—I told the Magistrate that it was five weeks ago I went to Beavis's, but I forgot two weeks. Q. Did you say to the Magistrate, "the prisoner Beavis came into the cellar, untied the string, and placed the bread in a cupboard in the cellar?" A. No sir, I did not say that—this is my mark—I did not mention the cupboard at all—if I did I must have forgotten myself—perhaps I might forget when I said he untied it from the string.
JAMES MARTIN . I am living with my brother-in-law, William Holt, who keeps the Colonel Wardle public-house; Beavis was in his employ as a potman. I found some cottage loaves lying in the cellar—two were covered over with a shovel, and two were behind the skittle-frame—I gave information to Mr. Hunt, and the policeman marked the bread—I went into the cellar the morning afterwards, and missed two loaves—I found that the two loaves were moved into a cupboard in the tap-room, and covered with a bag—the cupboard is on the opposite side to the coal-cellar—Beavis keeps the key of that cupboard.
Beavis. There is no lock to the cupboard. Witness. Yes, there is a staple, and padlock, and key.
Cross-examined. Q. Are you in the employ of Mr. Holt? A. No; mariner—I have lived with Mr. Holt two months—I reside in his house—I do not know anything about the boy Benstead—I did not notice him till he was brought to the Court—I am out much in the day—I go out about ten or eleven o'clock—I sometimes get up at she o'clock in the morning, sometimes at eight—if Benstead was in Beavis's service for a fortnight, I do not know that I most have seen him—the tap-room is on the other side of the house to where I am—I do not know anything about Benstead—I have been a mariner nineteen years—I am going into business for myself, as publican—I have seen the lock on the cupboard in the tap-room, and heard my sister talk about it to the pot-boy in the bar—I do not know whether she has told him to get the lock mended—I am not aware that the hasp or the staple are broken off—the last vessel I was in was the Reserve—it k in the docks—I have left it, and the rest of the crew are discharged.
WILLIAM ROWS (police-sergeant M 10.) I was called in by Mr. Martin to the Colonel Wardle. I went into the coal-cellar, and saw four loaves of bread—I marked them—I afterwards saw Mr. Martin take a cottage loaf out of the cupboard in the presence of Beavis—Beavis said at first he did not know how it came there—he afterwards said he received it from the baker's man next door, Mr. Hunt's, to take care of it for him—that was one of the loaves I had marked in the cellar—Beavis also stated that he bad never taken more than nine or ten, that he had received from the baker's man.
Cross-examined. Q. Are you on duty in that part of the world? A. Yes—I never saw Benstead till he was brought up—the bread I found might be a day or two old—one of the loaves had a number of holes in it—it did not look like good marketable bread—Beavis was present every time I looked into the cupboard—Mr. Martin asked him how he came by that bread—he said he did not know, and then I showed him one loaf, and he said he had it from the baker's man—I cannot tell whether the staple was broken off the cupboard—I found it open.
SAMUEL HUNT re-examined. We bake night and day—we draw in the morning between seven and eight o'clock—the bread has not done smoking by ten o'clock—it will not get cold by dinner-time, unless we take pains to make it so—Wilmott was mostly at breakfast, at in the bakehouse, about ten o'clock in the morning, and I was at breakfast in my parlour—the loft is over the bakehouse, and over the passage—it is possible he might go into that place, and I know nothing of it—there is a back gate to my premises, but it is a small yard, and no one could come in without my seeing them—the rolls should be ready about eight o'clock, but Wilmott was very neglectful; and they were generally a quarter past—I am certain he has robbed me—here is a loaf I found hid under the trough.
Wilmott's Defence. I can positively state, if they were the last words I was going to say, that I never in the whole coarse of my life attempted to put a loaf
down, or give any one a loaf or half a loaf; I never did anything wrong; as to his saying there was a board up, I know nothing of it; as to lifting a board I never tried such a thing; I have been in business myself nearly thirteen years; I have a wife and a large family depending on my exertions; it was not likely I was going to lose my situation for such a thing as this; if I had been minded to have robbed him I might; the yard door is open all night.
NOT GUILTY .
330. EMANUEL WILMOTT was again indicted for stealing 4 loaves of bread, value 1s. 3d., the goods of Samuel Hunt, his master; and WILLIAM BEAVIS for feloniously receiving the same, well knowing them to have been stolen.
JAMES MARTIN . On Sunday morning, the 29th of Nov., I went into the coal-cellar under Mr. Hunt's flour-loft—I saw there four half-quartern cottage loaves—I called in the officer—he marked them, and they were left as they were found—two of them were covered with a skittle-frame, and two with a shovel—I went there the next morning, and two loaves were gone—I went on the Tuesday morning and still found two loaves there—I directed Beavis to clear the cellar for coals, and in half an hour afterwards the other two loaves were gone—I went to the cupboard in the tap-room, which is usually locked, and the key kept by Beavis—on that occasion it was unlocked—I saw two loaves there, covered with a bag—I took the officer into the tap-room, and in the presence of Beavis I opened the cupboard and took out one loaf—I asked Beavis if it was his master's—he said he did not know—he afterwards said be got it from the baker's man to mind—I gave the loaf and Beavis to the officer.
Cross-examined by MR. PARNELL. Q. You told me you did not go roach into the tap-room? A. No—sometimes I go in there in the evening—I have nothing to do with the management of the house—I should not have known of this cupboard, only I wanted the key one day to get some brushes out—Beavis kept his blacking and brushes and other things there—the bag was like a baker's bag, a dirty-looking bag—the coal-cellar is open—if there were coals wanting I should have thought nothing of going to the cellar—these loaves were lying on the coals with nothing under them—two were under the frame, and the shovel was over two—Beavis had his meals in the house.
COURT. Q. Whose duty was it to use the shovel to the coals? A. Beavis's.
RICHARD BENSTEAD . I was in the service of Beavis. I staid there as late as 29th of Nov.—for the week preceding that day I had noticed a black bag come down out of the floor above, into the coal-cellar—bread came down day after day for several days together—it came down with a string from the floor above, and flour too—I could see the string and a man's arm at the time—that was all—I did not look into the bag at all—that has happened when I nave been there alone—it sometimes came when Beavis was not there—it came down from above sometimes when Beavis was in the cellar—on the Friday morning he was out in the yard when it came, and he came in afterwards.
Cross-examined. Q. What was the bag made of? A. It was black—it was made of cloth or something—I did not see the bag that Rowe took out of
the cupboard—Beavis was generally there when it came down, all but one morning—I did not say anything about it to any one.
Wilmott. I am innocent of it all.
JAMES MARTIN re-examined. Q. What was the size of the skittle-frame? A. About six feet long and four feet wide—it was leaning against the wall—the loaves could not readily be perceived without moving it—I should not have noticed it, if I had not seen the other two loaves, they were in a kind of hole, and the shovel over it
COURT to WILLIAM ROWE. Q. Were any of the loaves under the hole? Yes, the two that were under the shovel.
Cross-examined. Q. How high were the coals? A. There were very few in the cellar—I did not see the loaves before I moved the shovel.
WILMOTT— GUILTT . Aged 48.
BEAVIS— GUILTY . Aged 42.
Confined three Months.
Before'Mr. Common Sergeant.
JOSEPH HOULDING . I am shopman to Frederick Thomas Purssord, of Bermondsey-street. On Monday evening, between five and six o'clock, I was serving in the shop, saw a cheese move in the window, and ran round the counter—a lad pointed out the prisoner—I secured him within three minutes, but did not find it on him—I had not lost it three minutes when I took the prisoner.
JOHN MATTHEWS . I live with my parents, in Tindal-street, Bermondsey. I saw the prisoner take the cheese out of the shop, and give it to another boy—I did not lose sight of him—I am sure he is the boy.
Prisoner's Defence. There were two boys passing besides me; I do not know what they had.
GUILTY . Aged 16.—Recommended to mercy by the Jury. Confined Two Months.
JOHN BROWN . I keep the Green Man public-house, in the Kent-road. On the 12th of Dec, about eight o'clock in the evening, the prisoner was at my house, and had some gin and water—I lost a glass goblet—this produced is it—it has my name on it.
EDWARD CLARK (police-constable P. 162.) I produce the goblet—I found it in the prisoner's pocket—she was between the Green Man and King-street—she said she did not know how she became possessed of it—she was not drunk.
Prisoner's Defence. I was very much intoxicated; the policeman asked what I had got? I said, "A tin box;" he said, "Let me see?" I took the glass out of my pocket, and handed it to him; I was not aware before that I had it.
GUILTY . Aged 29.— Confined One Month.
JONES pleaded GUILTY . Aged 13.— Confined Three Months.
of Lambeth-walk. On the evening of the 12th of Dec. I received information which induced me to look about, and see whether my coats were gone—I get off after Jones, overtook him, and saw him throw a coat down—I did not see Peacock—one of the coats is here—it is my master's.
JOHN DAY . I am fourteen years old, and live with my father. On Saturday night, the 12th of Dec, I saw the prisoners take two coats—they both ran away—Jones was taken by Wright, and Peacock ran away—I am quite sure he is one of them.
Peacock's Defence. I know nothing about it; I never saw Jones before.
PEACOCK— GUILTY . Aged 14.— Confined Three Months.
GUILTY . Aged 39.— Confined Six Months ,
ADJOURNED TILL MONDAY, THE 4TH OF JANUARY, 1847.