CENTRAL CRIMINAL COURT.
THIRD SESSION, HELD JANUARY 4TH, 1847.
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, 4th January, 1847, and following Days.
Before the Right Hon. SIR GEORGE CARROLL, Knt., LORD MAYOR of the City of London; Sir William Henry Maule, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir William Erle, Knt., one other of the Justices of Her Majesty's Court of Common Pleas; William Thompson, Esq.; William Taylor Copeland, Esq.; Sir Chapman Marshall, Knt.; Sir John Pirie, Bart.; Michael Gibbs, Esq.; and John Johnson, Esq.; Aldermen of The said City: the Hon. Charles Ewan Law, Recorder of the said City; John Musgrove, Esq.; and Francis Graham Moon, Esq.; Aldermen of the Said City: John Mirehouse, Esq., Common Sergeant of the said City; and Edward Bullock, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.
LIST OF JURORS.
CENTRAL CRIMINAL COURT.
CARROLL, MAYOR. THIRD SESSION.
A star (*) denotes that prisoners have been previously in custody—Two stars (**) that they have been more than once in custody—An obelisk (†)that they are known to be the associates of bad characters.
LONDON AND MIDDLESEX CASES.
OLD COURT.—Monday, January 4th, 1847.
First Jury, before Mr. Recorder.
336. MARY ANN SULLIVAN was indicted for feloniously breaking and entering the dwelling-house of George Fisher on the 24th of Dec., and stealing 1 box, value 1d. 3 half-sovereigns, and a 3d. piece; his property.
MARY FISHER. My husband's name is George Fisher; he lives at No. 149, Leadenhall-street, and is a hair-dresser. On Thursday, the 24th of Dec., I was sitting in a room adjoining the shop, and heard a noise at the shop-door—I went there—a gentleman came in to ask some question, he opened the door, and he shut it as he came into the shop—I noticed the prisoner come from behind the counter, stooping down—I called to my sister, who was going through the shop, not to allow her to go out of the shop—I noticed the prisoner's features—I had seen her in the shop about half an hour previously—she was begging then—she went out, and I shut the door after her—no customer came in during that half-hour—there is no difficulty in opening the door from the outside, only turning the latch—I examined the till behind the counter—it was open, and I missed a box in which gold and silver money was kept—I said the box was gone with gold in it—the prisoner immediately stooped forward, and threw the box down on the ground, with one of the half-sovereigns and a 3d. piece in it—she had previously thrown down two half-sovereigns—I heard her drop them—I got a candle, and found the box where she had placed it, on the ground, with one half-sovereign and a small silver 3d. piece in it—the two half sovereigns were on the ground close by the side of it—it had contained that money—the house is in the parish of St. Peter, Cornhill—the prisoner must have opened the door to get in—my husband had opened the door when he went out, and I heard him close it—she must have turned the handle, as nobody had come in—I lost nothing else.
Cross-examined by MR. HORRY. Q. Have you made enquiry about the prisoner? A. No.
SARAH FISHER. I am the sister of George fisher. I saw the prisoner in my brother's shop, coming from behind the counter—I stopped her going out, and heard money drop on the floor—I saw the box and half-sovereign found, and two half-sovereigns on the ground—she denied having taken anything at first.
GUILTY Aged 11. Judgment Respited.
GUILTY. Aged. 33. Confined One Year.
NEW COURT. Monday, January 4th, 1847.
Fifth Jury, before Edward Bullock, Esq.
GUILTY. Aged 15.— Judgment Respited.
339. MARY GANDY was indicated for stealing 1 bag, value 6d.; 1 pen-knife, 3d.; 3 sovereigns, 7 half-crowns, 20 shillings, 24 sixpences, and 7 groats, the property of John Taylor, her master; to which she pleaded
GUILTY. Aged 14.— Confined Six Months.
GUILTY. Aged 19.— Confined Two Months.
GUILTY. Aged 20.— Confined Three Months.
GUILTY. Aged 22.— Confined one Months.
JOHN RAMSEY. I am foreman to Mr. Joseph Woodfield Dyer, a cheese-monger, in Middleton-street, Clerkenwell. The prisoner was employed to give out trade bills and cards—he had been employed for six days—I supplied him with trade bills and cards to distribute about the neighbourhood—I supplied him with some on the 8th of Dec.—I afterwards went to the police-court, and saw two bundles of the same bills and cards as I had given to the prisoner.
Cross-examined by MR. DONE Q. You gave him these bills to distribute in the street? A. Yes, and in the houses, to make our trade and the merits of our warehouse known to the public—I gave the prisoner some thousands of bills and cards—all he had to do was to get into the street and get rid of them as fast as e could, for our benefit—we made him some allowance for doing so.
GEORGE PEEK. I am a butcher, and live in High-street, Kingsland. About a fortnight before I went before the Magistrate, the prisoner brought me a bundle of Papers—this is the first lot he brought—he sold it me at 2 1/2d. per pound, that was what he asked—they were rolled up in some newspapers and dirty paper—I did not open it for two days afterwards, and I found these bills in it—when he sold the first lot he said he should bring some more in about a fortnight—the first he sold me about the 24th or 25th of Nov. as near as I can judge—he brought this second lot nearly a fortnight afterwards, just as I had done my dinner—my young man was in the shop, and I heard the prisoner come in—I came out, and asked where he got these papers form—of said he bought them of a man he was in the habit of buying waste paper of, he did not know who he was—this second lot of paper was then in the scale—he offered to sell it me—I detained him, and sent for a policeman, who took him and the paper,
Cross-examined. Q. You did not buy the second bundle. A. No—I bought the other as waste paper to send out my goods, which is a very common thing.
JOHN OSBORN KNOTT (police-constable N 78.) On the afternoon of the 7th of Dec., I was sent for by Mr. Peek—I found the prisoner at his shop—Mr. Peek told me the prisoner had brought some papers about a fortnight before, he had put them by in his desk, and then he had bought some mere—these are the two bundle of paper.
JOHN RAMSEY. Both these bundles contain bills which I had given to the prisoner.
GUILTY. Aged 59.— Confined One Month.
WILLIAM BLAKE. One the 18th of Dec. I was standing looking at a cab-accident in Thames-street—I saw the prisoner on my left side—I felt his hand in my pocket—I turned round and saw his hand behind me, and I saw my handkerchief in his hand—I took it form him laid hold of him and gave him to a policeman—this is my handkerchief, and the one I saw in the prisoner's hand.
Prisoner. I was not standing aside him at all, at the time it was done.
GUILTY. Aged 22.— Confined Three Months.
WILLIAM WOODMAN. I live at Uxbridge, and am a labourer. On the 9th of Dec. I was at work for Mr. Atwell—in the evening of that day I left my shovel on the premises—I went the next morning—the door was broken open, and the shovel gone—the prisoner was not at work on that ground, but in the next garden—there was only a wall between them—the prisoner had been at work on those premises—this is my shovel—I broke it down as it is now myself.
JOSEPH GURDLER. I am a labourer, and live at Uxbridge. The prisoner lodged at my house for about ten weeks—about a month ago he brought a shovel home, and told me he bought it of his master—I afterwards heard he had stolen the shovel, I gave it up to the policeman—this is it.
Prisoner's Defence. I can say I never stole the shovel; no one can say I aid.
COURT to WILLIAM WOODMAN. Q. Did you ever lend the prisoner the shovel? A. No—he had one of his own—he was not in the habit of taking my shovel without asking me—he had no right to it at all—I wanted it myself the next day.
RISHARD ROADNIGHT (police-sergeant T 11.) I produce a certificate of the prisoner's former conviction at this court—(read—Convicted the 10th of June, 1844, and confined six months)—I was present—the prisoner is the Person—he has been since tried at Clerkenwell.
GUILTY. Aged 21.— Transported for Seven Years.
WALTER ROBERT LEIGH (police-sergeant T 7.) On the 22nd of Dec., at a quarter-past two in the morning, I was on duty in Bridge-road, Hammersmith—I pass the back premises of Mr. Matthews, and heard a noise—I looked over the gate, and saw the prisoner with a piece of bacon partly on the wall and partly on some boxes, and his hand was on it—I asked him what he was doing there—he said he worked for Mr. Matthews, and he was going out with the cart—I jumped over the gate, and he escaped—I found this piece of bacon, another piece in the hog tub, and another piece Mr. Matthews found in the morning.
JONH MATTHEWS. On the 22nd of Dec. I lost three pieces of bacon—these are them—they were not taken off the premises—they are my property—I can swear to them—before they were taken they were in pickle in a shed in my back yard—the shed was not locked—I recollect being called up by the policeman—the bacon he showed me was mine.
Prisoner. I was not there at the time the policeman mentions; I am innocent; they took me on suspicion.
WALTER ROBERT LEIGH re-examined. I knew the prisoner well before—I have seen him three or four times a day for the last twelve months—I was not more than ten or twelve inches form his face—I put my bull's-eye in his face—I knew him well.
GUILTY. Aged 27.— Transported for Seven Years.
JOSEPH HALL (Thames police-constable.) On 3rd Dec. I was passing a marine store-shop in Fox-lane, Shadwell—I saw some iron in a scale in the shop—I went in and looked at it, in the presence of Baldwin, the shopkeeper—I made some enquiries, and went to Mr. Richards—he went with me to Mr. Baldwin's and I took away some iron—in consequence of what I heard I took the prisoner, Brown—I told him I must take him to the station for selling some iron to Mr. Baldwin, the property of his master—he said the foreman told him to take it, he did not know he was doing any harm—that he had received 1s. 3d. and Raddon had received 1s. 3d.—I went to the coal-whippers'-office
and apprehended Milton—I told him he must come to the station with me for giving the men some iron to sell, his master's property—he said he did give the men some iron, he thought it was old rubbish and no good, and it was lying in the way—I took him to the station, he said if he had known it before he would have seen Brown, and had it settled—after that Raddon came to the station—I told him I must detain him, for taking some iron to Mr. Baldwin's to sell—he said he did take some there, but it was under the foreman's direction—I asked him if he received 1s. 3d.—he said be did, but no one was to know it was for that.
JOSEPH BALDWIN. I live in Fox-lane, and deal in marine stores. Raddon and Brown came to me together, and brought about two hundred weight of iron one night—I bought it for 4s—they said they were clearing out the shop and getting rid of the old rubbish—I knew them—the next evening they brought about three quarters of a hundred weight more, for which I gave 1s. 11d.—paid them 5s. 11d. altogether—I gave the officer some of the iron first by way of a sample—he has got it all now.
ELI RICHARDS. I am an ironmonger, and live in New Park-street, Southwark. I contract with the coal-whippers'-office for lining the shoots—this iron is precisely the same sort as we use for that purpose, and it is in the shape of that which I supply the Commissioners with—I cannot swear it is mine—the prisoners were all in my employ, and Milton acted as my foremen
Cross-examined by MR. BALLANTINE. Q. Had you been clearing out your premises? A. Not to my knowledge—I keep a book in which I enter all the iron I supply to the office—Milton had the charge of the gear—the shooting of the coals over the side of the vessel is so destructive to the wood, that it is covered over with this sheet iron—this iron is not quite worn out—I cannot tell whether Milton might imagine it was worthless.
OLD COURT.—Tuesday, January 5th, 1846.
Second Jury, before Mr. Recorder.
348. JOHN HATTON was indicted for feloniously uttering a forged warrant for the delivery of 25 pints of wine, with intent to defraud the London Dock Company:—other COUNTS, varying the manner of laying the charge.
MR. BALLANTINE conducted the Prosecution.
JESSE ELSTON. I am a porter, and am in the habit of standing at the gates of the London Docks—I know the prisoner. On 28th Nov., about three o'clock, I saw him at the Dock-gates—I went with him as far as Maxwell's, the Phœnix public-house—I went by this direction to the Dock-Coffee-house, and fetched a half-dozen basket containing half-a-dozen wine-bottles—I did not deliver them to the prisoner, I kept them myself—I met him again at the Phœnix public-house, and he gave me a one dozen basket and this order, No. 4—he told me to go, as I did on the 26th, and sample the wine—he said if the cooper asked me any questions I was not to answer him, but was to say I came from Dingwell and Co.—I went to the proper office at the East-vault, London Docks, and got the samples of wine—as I was coming away I was spoken to by Clements, the officer—I made a communication to him—I was to meet the prisoner at the crescent vault, and if I did not meet him there I was to go on to the Dock Coffee-house—I did not go there with Clements, as he took me to the Guard-house, so that there was some delay—I had never seen the prisoner before I saw him at the Dock-gate on the 26th Nov.,
he then wanted me to go with him to fetch a basket and some bottles, and then to go and sample some wine—he then gave me order, No. 3—I took in into the London Docks, obtained eighteen samples pints of wine for it, and took them to the Phœnix—the prisoner was with me; I left them in the bar by his desire, and left him there.
Cross-examined by MR. DOANE. Q. Do you hang about the Docks? A. Yes—I do not know a man named Dunks—I never heard the name till the prisoner mentioned it at the guard-house—he said I must know Dunks, that he had a white waistcoat on at the Phœnix—I said I should not know him—I did see am man there, I did not take particular notice if his waistcoat—I have not seen him in the Docks since the prisoner has been in custody—I have been about the Docks since—I left the prisoner and the man both together at the Phœnix, when I had deposited the wine.
MR. BALLANTINE Q. When was it the prisoner said anything to you about Dunks? A. The night he was apprehended—he had not said a word to me about Dunks before—the prisoner did not mention the name of Dunks, or show me any authority from whom he was acting, when he told me to tell the cooper I came from Dingwell and Co.—he did not introduce me to the man in the white waistcoat at all.
RICHARD MICHAELMORE. I am clerk at the East-vault, London Docks. There is wine there consigned to Dingwell and Co.—on the 17th of Nov. the prisoner produced a sample order (No. 1) to me, purporting to come from Messrs. Dingwell—I know it by my initials to it—the name of the vessel and captain is mentioned—it would require some knowledge of those particulars to fill up an order of this kind—I signed the order, "Sample, R. M.," in red ink across the middle, and gave it out—that would entitle the cooper to draw the order—I received the sample order on the 21st, and order No. 2 also, from the prisoner, and signed it in the usual way.
Cross-examined. Q. To whom did you give the order on the 17th of Nov.? A. I received it from the prisoner, but cannot say whether he took it back; probably he did—I am sure I received it from him, because I knew him previously—it took me two or three minutes to sign it—I had to refer to a book—the prisoner had to come to a window—three or four people can stand at the window—I had no conversation with the party—it was merely handed in at the window, signed after looking at the book, and handed out again—I got the order on the 21st from the prisoner, and gave it to the prisoner—I recollect that, it being the second order—I particularly noticed that, because I knew him—I knew him the first name—I looked at him more the second time, because he came for the same quality of wine—people often come for the same quality of wine—he was there about the same time on the 21st, about two or three minutes—I had no conversation with him.
MR. BALLANTINE. Q. Do you mean you often have to deliver samples of the same wine to the same person? A. Yes—after the third order I made a communication to the Dock authorities—I have frequently seen the prisoner about the Docks, and know him to be there tasting and sampling wine.
BENJAMIN JAMES RANDELL. I am cooper's time-keeper in the East-vault, London Docks. On the 17th of Nov. I received the sampling order marked "1"—I received all four orders—I delivered them to Samuel Skey, the cooper
Cross-examined. Q. You do not remember who you got it from? A. Not on the 17th of Nov.—I remember the prisoner presenting me with the other occasions—I had known the prisoner some time—I cannot say whether he presented the others.
SAMUEL SKEY. I am a cooper in the East-vault of the London Dockes. On the 17th of Nov. I received an order from Randall, and on the 28th another—I only received the first and the last—the prisoner was present on the 17th—I had shown him wine several times before I knew him—I delivered the samples to the porter who was with him—on the 28th I delivered the samples to the porter alone—Middleton was the cooper on the 28th—I think his name is on the orders.
Cross-examined. Q. Did you see the prisoner at all the 28th? A. No.
RICHARD BRINSLEY PORTLE. I live in Idol-lane, Tower-street—I am a partner in the house of Joseph Dingwell and Co., wine-merchants. We have consignments of wine in the London Docks—I only know the prisoner by seeing him at the Thames police-court—these four orders are not signed by any members of our firm, or by our authority—they are all four forgeries—the wine is properly described—we have wine answering this description in the Docks.
Cross-examined. Q. Who is in the habit of signing your orders? A. Each member of the firm, and one of the clerks—there is nobody here but me.
JOHN CLEMENT. I am constable of the London Docks. On the 28th of Nov., in conseqence of a communication made to me, I stopped Elston, the porter, at the west-end of the Docks, just inside the Dock wall—he had a basket and twenty-two samples of wine—I took him to the guard-house—he only remained there a few minutes—he gave me a description—of the party who gave him the order—I did not know him by description—I sent Elston forward to the Dock Coffee-house, and went there myself, but could not find the prisoner—on the 9th of Dec. I went to a public-house on Tower-hill, and saw the prisoner—I told him I was an officer belonging to the London Docks, and said, "You have lodged some orders at the east-vault of the London Docks for samples of wine, in the name of Dingwell and Co., and they turn out to be forgeries"—he said, "i know nothing about them"—Walker, the cooper, was standing at the door of the room, and said to him, "Is this the man?" meaning the prisoner—he said, "Yes"—the prisoner then said, "Oh, I recollect now you mention the name; I had the orders from Dunks"—I said, "I know nothing about Dunks; these two men, walker and Middleton, say they drew the wines for you on the 21st and 26th of Nov., and you were present"—he said, "Oh yes, I know these two young men; they did draw the wine" I said, "There are four forged orders lodged"—he said, "I lodged no orders, the porters lodge them; I had two orders from Dunks—only two"—he said so two or three times.
Prisoner. I never said so. Witness. He said so three times over that he only had two from dunks—I said, "Who is Dunks?"—he said he was in the wine trade, and he had known him about three months—I asked if he could tell me where he lived—he said he did not know, but afterwards mentioned several places where he thought I could find him—I had been to the places he mentioned, as Croft's, in the Strand, the Dock Coffee-house, and a coffee-house in the Minories—I searched him, and in his pocket-book found some blank tasting orders, and a paper of the particulars of wines lying in the London and in St. Katharine's Docks—they were the same sort of orders, and might be filled up in the way those are which have been produced.
Cross-examined. Q. Are they such orders as wine agents have? A. Yes—the Company furnish them—they can be obtained on application—if. the person says he is in the wine trade, they give them—the prisoner said, "Dunks is in the wine trade; I have known him three months;" and he
also added, "He asked me to get the samples for him," and said he supposed they were Dunks' wine.
---- WALKER. I am a cooper in the London Dockes—I sampled some of the wine for the prisoner—I was present when the prisoner was taken—I heard him say Dunks was the man—I did not hear him say how many orders he had from Dunks—I did not here all the conversation.
MR. DOANE called
DANIEL SMITH. I am a provision-merchant, and have lived in the Commercial-road thirty-four years. I have known a person named Dunks ten or twelve years—I have known the prisoner seven or eight years—I have frequently seen Dunks and him together—I saw Dunks a week before the prisoner was taken—I have not seen him since—I have used my best endeavours to find him, and heard of him in two or three places within the last week—I have had transactions with the prisoner to the amount of between 200l. and 300l., and always considered him honourable.
Cross-examined. Q. What is Dunks? A. He kept the Greyhound in Smithfield, ten or eleven years ago—I do not know what he has been doing since—I have known him since by seeing him with the prisoner, who is a wine agent—I keep a store—I keep an establishment—I do not keep a shop—I keep all sorts of provisions, beef and pork—I am a shipping butcher—I always was a butcher—I got into embarrassed circumstances four or five years ago—I never was in any other business—I have been in the Docks four or five times, but had never drawn samples in my life—the prisoner never showed me any sampling orders—I do not know Dingwell and Co.—I know Dunks by sight—I do not know what waistcoat he wears—I have been to the Dock Coffee-house to make enquiries for him—I dare say they knew him there, and the prisoner also—I never used any of the prisoner's orders—I knew the prisoner was in the habit of sampling wine—if I wanted any wine from any wine-merchant, I have employed the prisoner to get it—I have only done so twice—I got the orders from ward, Brothers, and Co.—I never tasted any of those wines—I have not tasted wines which the prisoner has got more than five times—I will swear I have not twenty times—when I said twice, I meant twice in that house—I have not got samples from any other house—I have had them from him—I have tasted the wine, but never asked any particulars about it—I have paid him for it—I owe no man 1s.—I paid him 30s. for his trouble and expenses—I did not get the wine for nothing—I never had the samples—I got nothing but the taste for the 30s.—he has taken me down in the Dock to taste some port wine for the African market—I do send wine to Africa.
COURT. Q. Do you know the persons whose wine you sell? A. Yes—when I have tasted the wine, I go to the supposed holder—if he says he knows a butt or two of sherry that will suit the African market, I go to the merchants—I have paid the prisoner 30s. altogether—I have paid him 5s. at one time—the first time was about four months ago.
MR. DOANE. Q. He did not sell wine, he was a wine agent? A. Yes—when I wanted him I asked him to go, and took his opinion—I gave him 260l. to lay out for me in wine—I gave him a commission at a sale in Mincing-lane—they pay the cash down at those sales—I gave him two 100l. notes, and a 50l. and a 10l. note—he bought nothing, but brought the money back to me honourably—it was a single transaction—I did not attend the sale myself.
CHARLES BURBIDGE. I am a perfumer, and live in Clarendon-place, Somer's-town. I know Dunks—he is a wine agent, and lives by getting out Samples of wine from the docks—I have known him three years, and always Knew him to get his living in that way.
Cross-examined. Q. Have you a shop? A. No, a small private house, and perfumery, pomatum, and lip-salve in it—I make lip-salve—I occupy the lower part of the house—I have never seen the prisoner before—I believe Dunks is keeping out of the way.
COURT. Q. When did you hear that? A. I saw him last Thursday—had no power to take him—I met him in Fleet-street, near Temple-bar—I said to him, "You are going to destroy this young man that was at the Old Bailey last Session"—he said, "what is that to you?"—we did not walk Arm-in-arm—I parted with him—he turned and walked five or six doors with Me—he said I could often have earned a pound if I had gone down to the Docks with him—I did not go with him.
Q. How do you know he got his living by getting samples of wine out of the docks, did you ever see him in the docks in your life? Q. I have met him at a public-house with samples of wine, and he has applied to me to fill up blank forms for him—about six months ago he showed some to me, he said he would put 1l. In my way if I would fill up, copy off, thirteen little orders—he said it was all square—I said I did not think it was, and if I copied them I should consider it a forgery—I out him—after that proposal he merely saluted me in the street just for a few minutes—he has passed me several times in the street before that and since this occurrence.
GUILTY. Aged 43.— Transported for seven Years.
349. JOHN AMBROSE was indicted for stealing 1 basket, value 6d.; 1 wrapper, 6d.; 456 yards of lace, 2l.; 168 yards of quilling, 10s.; 44 caps, 15s.; 5 yards of net, 5s.; 60 pieces of tape, 10s.; 63 dozen shirt buttons, 10s.; 4 lbs. weight of cotton, 7s.; 30 papers of needles, 5s.; 42 skeins of thread, 3s.; and 40 combs, 5s.; the goods of John Maurice.
MR. LAURIE conducted the Prosecution.
JOHN MAURICE. I live at 31, George-yard, Shoreditch—I deal in lace and haberdashery. On 16th Dec. I attended Romford-market—I packed up the articles I had not sold in a basket, wrapped in two green covers and a cloth—the outside wrapper was corded—I put it into Mrs. Calcraft's cart, which has framework round it—I drove the cart to London—Mrs. Calcraft and Mrs. Lowe were in the cart, and the tarpauling which covered the basket and other goods came on the seat they sat on—they sat on the tarpauling, and I sat on the other end of it—I stopped near Whitechapel church to take some things out of the cart, and then saw the basket safe—this was on the other side of the turnpike by Whitechapel church—I stopped about five minutes after in Brick-lane, Spitalfields, to take out some things—on arriving at Worship-street I missed The basket—I afterwards saw the goods at Bishopsgate-street station—the Basket contained the articles named in the indictment—they are worth 8l.
Cross-examined by MR. PARNELL. Q. Had you other goods in the cart? A. Yes—but the basket was on the top of them—I got to Worship-street at Twenty minutes past eight—I passed Whitechapel church at a quarter past Eight—I did not leave the cart all the way, except to get refreshment at Ilford—I spell my name Maurice, not Morris.
GEORGE PETTET (police-constable.) I was on duty in Petticoat-lane on Wednesday night, 16th Dec., about ten o'clock, on the City side of the way, and Saw the prisoner with a bundle on his back, and thought it my duty to follow him—he saw me following him, and crossed the road immediately—I still
followed him—I got within a yard of him, he then dropped the parcel and ran down a passage—I jumped over the pareel, and followed him about a hundred yards without losing sight of him—I secured him, and had a severe struggle with him, and he wounded me.
Cross-examined. Q. How long were you following him? A. A few minutes—I was in my police dress—I took him in Bell-lane—there were several people there afterwards, but not at first, and there was a disturbance, but only what he made—the people cried "Shame" at his behaviour to me—they said "He will kill the policeman"—a man came up and pretended to assist me, but assisted the prisoner—I had not seen either of them before—I had not been long in the police.
HENRY FINNIS (policeman.) On the 16th of Dec. I was on duty in plain clothes in Petticoat-lane, and observed Pettet in his uniform—I saw the prisoner with a bundle on his back—Pettet pursued him, I saw the prisoner drop the bundle, and then lost sight of them both—I took charge of the bundle, which I produce—it was covered with this wrapper—the four ends of the wrapper were in his hands—there was no cord round it.
JOHN MAURICE. This is the basket and wrapper which I lost, the goods in it are mine—many of them have my private mark on them—Petticoat-lane is about a quarter of a mile from Whitechapel church, where I saw the basket on the top of the cart, under the tarpauling—it must have been taken out on the road side of the cart, as I was taking things out on the other side—a person on the road could put his hands up and take it.
Cross-examined. Q. Was the tail-board higher than the basket? A. The tail-board was on a level with the bottom of the cart, supported by chains, and had a large heavy basket on it—this basket could not have fallen or jolted out, as the one behind was higher and was not disturbed—the tarpauling must be moved to take it—the horse was restive at the time, and I went to quiet the horse in Brick-lane.
JAMES M'MICHEN (policeman.) I was on duty in Bell-lane, Spitalfields, on Wednesday night, 16th Dec., and saw the prisoner and Pettet struggling in the middle of the street—I took the prisoner in custody—Pettet was bleeding very much.
SUSAN CALCRAFT. I am a straw bonnet-maker, and live in Bunhill-row. On 16th Dec. I returned from Romford market in my cart with Maurice and Mrs. Lowe—I saw Maurice's bundle put in—I felt it under the tarpauling just On the other side of Whitechapel church—I sat on the tarpauling, it came Directly over the seat which I sat on—I removed from it in Brick-lane to get a bundle out—I did not get out of the cart, I shifted my place—Mrs. Lowe did not get out, but the horse was very fidgety, and I think during that time the basket must have been got out—there was a large basket against it—the tail-board was shut up even with the cart, nothing could drop out—the large basket was as much as two men could lift.
Cross-examined. Q. The large basket did not fall out? A. No.—I took The reins at the end of Worship-street—I had the reins when Maurice got out—the horse beeame restive, and kicked a good deal—the tarpauling was over the seat, but they could get anything out from the side over the wheels—the whole side was not open, but I could have taken it out myself—the tarpauling was not fastened down, but when we sat down it kept it down—we did not stop many minutes at the corner of Brick-lane—I was accustomed to drive the horse myself—it was more restive than usual that night—when Maurice took the parcel out, I moved and he put back the tarpauling, but not on the side the basket was—I cannot say how anybody could take the basket out.
(Jeremiah Sheen, the prisoner's brother-in-law, a shoemaker, of Old-street-road, and Mary Ann Barnes, ironer, Weaver-street, Spitalfields, gave the prisoner a good character.)
350. JOHN AMBROSE was again indicted for feloniously assaulting John Pettet, and cutting and wounding him on the left arm and wrist, with intent to do him some grievous bodily harm.—2nd COUNT, with intent to resist his lawful apprehension.
MR. LAURIE conducted the Prosecution.
GEORGE PETTET (City police-constable, No. 641.) On the 16th of Dec., about ten o'clock at night, I was on duty in Petticoat-lane, which is on the boundary between the City and the County—I was in the City, and saw the prisoner there with a bundle on his back—I followed him—he looked back, saw me following him, and crossed the road—I pursued him—he dropped the bundle as soon as I got close to him, and ran away—I ran after him, and took him in Bell-lane—a scuffle took place, and we fell, I on the top of the prisoner—while on the ground, some woman said, "Shame! the man will kill the policeman; take his part"—I saw the prisoner take a knife out of his pocket after he got up—he had done nothing before that—I saw him put his hand into his pocket, after a person came to assist me on pretence—he got the prisoner on his legs—then he let go of him and walked away—it was then I saw him put his hand into his pocket, and I felt him jobbing at my body immediately after that—I defended myself with my arm—I was standing at the time, and endeavoured to protect myself by my arm, and I received eight wounds on my arm—I am quite sure they were inflicted by the prisoner—they could not have been inflicted by anybody else—I cried out at the time, "He is stabbing me"—we had a struggle after he stabbed me —I threw him down again—he fell on his belly, and I on his back—I held his collar, with my legs round him, and M'Michen came up and secured him—I got no further stabbing while on the ground—we were standing up at the time—I thought if I had nor thrown him down, I should not have taken him at all, or got away from him—I went to Mr. Mear's, the surgeon's, and had my arm dressed, and since then to Mr. Child—I have not been able to go on duty since—my arm is still disabled.
Cross-examined by MR. PARNELL. Q. What was the beginning of the tustle? A. I collared him—I did not take my staff out—I sprung my rattle—I am quite certain I did not draw my staff and strike him over the head—I did not draw it at all—the prisoner tried to draw it—he fell from my taking hold of his collar—after we had had the scuffle he fell undermost—he attempted to get away, and I threw him down and fell on him to prevent his getting away—when he got up I saw him put his hand into his pocket—I do not know what he took out—I could not see—we were both standing up when he struck me—he had not a chance of striking when I knelt on him—nobody else held him—some one came up, but I would not let him take hold of him—I expect his accomplice got hold of him before he got on his legs—he did not have hold of him before he got the knife out—as soon as he got up he left him and went away—he came back again when I got him down and offered to assist me, but I would not allow him—he first said, "I will assist you, policeman"—he took hold of his collar and I took hold of his arm—he took hold of his right arm, and as soon as the prisoner got up he went away—the other man did not take hold of me at all—he did not touch me——there they were crying "Shame"—that was at the prisoner—I am sure of that—they said they would take the policeman's part—none of them offered to assist me—they crowded round, not very close—we
had plenty of room—I bled a good deal—the blood ran down my arm into my hand—when the other constable came up I was lying on the prisoner, and he was lying with his belly on the ground—I do not know whether he was nearly fainting—I was—I had hold of his left collar when he was striking at me—I did not attempt to take hold of his right arm, or I should have lost him altogether—I could only hold him by one arm and defend myself with the other—I did not attempt to take anything out of his right hand, because I had no strength in this arm at all—I did not attempt to see what he had in his hand, or take it from it, because I was not going to cur my fingers—I did not search him afterwards—I have my coat here
COURT. Q. How were his arms; when lying down on his belly would he have his right arm at liberty; could he have cast anything from it in the state he was in? A. I think his accomplice came and took the knife from his—he had an opportunity of passing the knife to him, for he came close to him, and I said, "Stand off, or you will get yourself into trouble"—he stooped, and wanted to assist him up—here is my coat—there are six cuts in it—I have one on my wrist, (so that he might have cut me below the cuff,) and one on the bone of my thumb—the deepest wound, I believe, is the one nearest the elbow.
JAMES M'MICHEN (police-constable H 131.) I was on duty on Wednesday night, the 16th of Dec., in Bell-lane, Spitalfields—about tem o'clock that night I observed a disturbance there—I went up to see what it was, and found the prisoner lying on his belly in the middle of the street, and Pettet on his back—I had my light on at the time—pettet said, "Take care of him, he has stabbed me"—I saw that Pettet was wounded—I saw the blood running from the tips of his fingers—I secured the prisoner and took him to the station-house after assisting Pettet up—I searched him and found nothing on him—I searched the place where the struggle took place, and found nothing there—there was a fall of snow in the morning—I remained there all night and searched again, but found nothing.
Cross-examined. Q. He was kneeling on him when you came up, was he not? A. He was lying down on the top of him—they were both stretched at full length—they appeared both exhausted—the prisoner was not fainting—there were between thirty and forty people there—it was a dark place, and disreputable too—I remained there after coming off duty at the station-house at six o'clock, till day-light, and searched but found nothing—I was not there at the time the man was attempting to rescue the prisoner, and pretending to assist Pettet.
GEORGE BOORLASE CHILD. I am a follow of the Royal College of Surgeons; I am also surgeon to the City police force. On the evening of the 16th of Dec., at eleven o'clock, Pettet called on me—from what he stated I examined his left arm, and found it had been previously dressed by a surgeon—on re-moving the dressing I discovered he had received eight punctured wounds in The fore-arm, one about an inch below and on a line with the inner part of the elbow, which I considered important as regards its depth—a second was situated about the middle of the inner side of the fore-arm, which I considered still more important, form the injury sustained by the nerve which supplies the inner part of the arm—there was another wound over the anterior surface of the wrist, another on the ball of the thumb, which I considered important from their locality, being situated over the principal arteries of the hand—they all appeared to have been done by some small-pointed sharp instrument, such as a penknife—he has been under my care till the present time—the wounds have healed, but he still suffers form loss of sensation in the inner part of the
arm, consequent on the injury to this nerve—it will be some time before he gets the perfect use of his arm.
Cross-examined. Q. Only one of them seemed to be a serious wound? A. None of them have turned out so—they might or might not have been serious—I did not expect he would have recovered so soon from them—he has almost recovered.
COURT. Q. What was the depth of the wound? A. The one by the elbow was a quarter of an inch deep—it was important, because the artery runs along there—it would require no great force to make the wounds—it had to penetrate a thick coat, an under-coat, and a flannel jacket, which probably broke the force of the world
MR. PARNELL to GEORGE PETTET. Q. What sort of man was this that pretended to come to your assistance, how was he dressed? A. In the same way as the prisoner's brother-in-law was dressed, who came to give him a character—I cannot swear he was the man, but he was dressed in that way, in a black coat—he looked a respectable man.
GUILTY on the second Count. Aged 21.— Transported for ten Years.
GUILTY. Aged 17.— Confined Four Months.
WATSON pleaded GUILTY. Aged 20.
HUDSON pleaded GUILTY. Aged 21.
Confined Three Months.
NEW COURT.—Tuesday, January 5th, 1847.
Sixth Jury, before Mr. Common Sergeant.
GUILTY Aged 17. Confined Three Months.
GUILTY Aged 16. Confined Three Months.
GUILTY Aged 19. Confined Six Months.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
not make a quarter on an ounce of that—I agreed to sell her a pennyworth—she paid me with a Victoria shilling—she threw it on the counter, and the head laid upward—I threw the shilling into the till, and gave her 11d. change—she then left the shop, and in about half a minute Mr. Anthony came in—another person had come in, but it was only to ask a question—from what Anthony said, I looked into the till, and found a Victoria shilling—I make it, and gave it to the officer on the following Monday morning—there were four more shillings in the till, but they were all George III. And William IV.—I will swear that the one that Plummer gave me I gave to the Officer, marking it before I gave it him.
Plumer. Q. Am I the person you served? A. Yes—I did not say I did not know which it was—I pointed you out directly.
Quint. I went into your shop for a farthing pipe, and Day came in while I was there. Witness. No, I never sold a pipe.
CHARLES SALMON. My father is a baker, and lives in Upper North-place, Gray's Inn-road. On the 19th of Dec. the prisoner Plummer came into the shop, and asked for a two penny loaf—she paid me with a shilling, which I put into the till—directly afterwards Anthony came in—I then looking into the till, and found a bad shilling—I gave it to my father, and he gave it to the officer—there were other shillings in the till, but they were all good—I saw my father give this shilling to the officer.
COURT. Are you able to say that the shilling you gave your father was the shilling that the prisoner Plummer gave to you? A. Yes—it was at the top, and it was a great deal whiter than the others.
GEORGE ANTHONY. I am a writer and grainer. On Saturday, the 19th of Dec., I saw the three prisoners against St. Giles's church gate, about half-past one o'clock in the day—I saw Quint take from his trowsers pocket a bag, and from that bag he gave Day something, which appeared to me to be a shilling—I saw the edge of it—I was then within three feet of them—Day went along Denmark-street, and I followed the other two prisoners up High-street, St. Giles'—they stopped a few minutes, and were joined by Day, who Gave to Quint a small paper bag—I then followed them till they arrived near Fitzroy-market—there Quint gave something to Plummer, and she went into The tobacconist's shop where Brentnall was—she came out, and I went into the shop, and marked the shilling which Brentnall showed me—I can out again, and saw the three prisoners standing in Hampstead-road—they then crossed the road, and Quint went down one side of Drummond-street, and the other two prisoners the other side—when they got to Salmon's, the baker's, Plummer went I—she came out, and I went in, and heard she had passed bad money—I then followed them, and gave Quint into custody—the women then crossed, and spoke to Quint—he was taken to the station—the women followed him—the officer came out and took Day, and Plammer was brought in afterwards—I saw a bag taken from Quint—it contained twelve counterfeit shillings.
WILLIAM RENCH (police-constable G 80.) Anthony gave Quint in charge to me—I took him—he wanted to know what he had done—I did not see Plummer till I was taking Quint along Old-street, and there Plummer came And asked him what he had been doing—he said he did not know—I told Her to keep back—she fell back, and I took Quint to the station—I observed His bands were in his trowers pockets as he went, and I watched him—I left Him at the station, and took Day in Old-street—she said she had not done
anything, and told me to let her go, and she would walk quietly—I assisted in searching Quint—I found on him some flour, tea, a two penny loaf, and a quarter of a pound of yellow soap; and I saw a bag of money taken from him.
CHARLES WOOLNER (police-constable G 135.) I took Plummer into custody on the 19th of Dec.—I took her to the station—I there told her I took her for passing counterfeit money—she said she received it of a man that morning, and it was the first day they ever had been out passing bad money—Day was standing pretty close to her, but she did not say anything in my hearing—I assisted in searching Quint—I found 3s. 10d. on him in sixpenny and fourpenny pieces, 1s. 5d. in coppers, and 12s. in the cell, that money—he said, "You can't hang me for that"—Day said, in the cell, that they received the money that morning of a man.***
WILLIAM M'DONNELL ( police-sergeant G 24.) I recollect Plummer and Day being placed in a cell—when I went to visit their cell Plummer said, "What do you think will be done?"—I said I could not tell—she said, "Do you think it would be better to tell all we know about it?"—I said, "Let me caution you, what you say I must tell" —she said it was the first day they were out in that line, or that business, or something to that purpose, and that they had been given to them that morning by a young man—Day was standing close by, and said they had been to the Axe that morning, and received the money from young man named Smith—I asked where he lived, and she said she did not know, but Bill did, meaning the prisoner Quint—I went to him—he said they received the money from Smith, who was waiting for them in a public-house—on the 21st, while in the passage, Quint was talking it over without any reserve.
MR. JOHN FIELD. I am inspector of coin to the Mint. These first two shillings are both counterfeit—one is a Victoria shilling, and the other a William the Fourth—these other twelve shillings are all counterfeit—one half have been cast in the same mould as one of the two that were uttered, and the other half in the same mould as the other.
PLUMMER— GUILTY. Aged 22.
DAY— GUILTY. Aged 19.
QUINT— GUILTY. Aged 19.
Confined Six Months.
RICHARD ROWE. I am in partnership with Mr. Francis Thomas Clarke; we are wholesale tea and coffee dealers, and live at No. 7, Arthur-street, London-bridge; the prisoner was in our service. In consequence of some circumstances, I ordered him to be watched, and on the following Monday afternoon I saw some goods at the Mansion-house which had been taken at the prisoner's house—they consisted of various parcels of sugar, thirty-two pounds of tea, some coffee, and some canisters which I can swear to—I cannot say when I had seen them last—I can swear they had been taken by somebody from us, and we had not sold them—the tea corresponded with ours—I believe it was ours—I could not swear to the sugar—there were five or six paper bags found, and some of them had pencil marks on them.
GEORGE SCOTT (City police-constable, No. 560.) I watched the prisoner, and on Saturday, the 19th of Dec., I stopped him on London-bridge—he had this 8lb. of tea, in a paper, in a bag—I went to his house, at No. 15, Oxford-street, Whitechapel—I there found these two canisters, and tea in them—I found this other tea and sugar—the prisoner said nothing to me, no more than,
when I stopped him, he said he brought it from his master's with other parcels that he had been delivering, this being the last—I went to his bed-room, and found 175 sovereigns in a box.
Cross-examined by MR. BALLANTINE. Q. Did you go with the prisoner to his house in Whitechapel? A. No, Sir; I followed him there, and saw him go in, and he gave his address at the same house at the station.
GUILTY. Aged 34.— Confined Eighteen Months.
JAMES WEBB. I am in the service of Mr. Thomas Nesbit; he lives at No. 4, Steward's-grove, Chelsea. We have lost out gate-bell—it was safe on the night of the 15th of Dec., and gone the next morning between eight and nine o'clock—this is it—I can swear it is my master's bell, and the one we lost.
Prisoner. I picked it up in the road.
ROBERT WOOLGAR (police-constable V 54.) I stopped the prisoner at twenty minutes past six o'clock in the morning of the 16th of Dec.—he had a bag under his arm—I asked him what he had got—he said, "A bag"—I" asked him what was in it—he said, "A bell, which he had picked up in the road about twenty yards below"—it appears to have been broken off—here is the part of it which I got from the premises, and this is the part he had—it had been inside the garden—it might have been reached by standing on the wall.
Prisoner's Defence. I picked it up about twenty yards before I met the officer.
JOHN WINTER. I am foreman to Mr. Thomas Francis Alcock—he is a builder, and lives in Welbeck-street, Cavendish-square-the prisoner was in his employ. On the 16th of Dec., about twelve o'clock in the day, I saw Mr. Alcock mark some lead which we found on a shelf under the stairs—we left it where we found it—I went out about two o'clock, and as I was coming back, I met the prisoner—I asked him where he was going to—he said for a pot of beer—I told him that was not the way they went for beer—I charged him with having the lead—I found it in his trowser's pocket—it was the lead my master had marked in my presence—this is it—it was in one piece when we marked it—it is in two now.
Cross-examined by MR. PARNELL. Q. What is this place under the stairs? A. Nothing more than a common shelf—it is not where we keep old lead or tools—it is an open shelf—there is a doorway, but the door is off—Mr. Alcock is not here—he lives at that house—he employs a great many men, I dare say twenty—when I stopped the prisoner I felt his pockets, and found this lead—he said it was only a bit of lead the plumber's labourer gave him—there is one plumber's labourer—I do not know his name—he is not here—here is the mark on the lead, "T.F.A."
GUILTY. Aged 23.— Confined Nine Months.
MR. PARNELL conducted the Prosecution.
about leaving the Dock—I saw some tobacco fall form under his coat—I went after him and brought him back, and in his hat and pockets I found 1 1/4 lbs. of leaf-tabacco—this is it.
Cross-examined by Mr. DOANE. Q. The prisoner was not a regular servant of the Dock Company? A. No.
Q. Look at this tobacco; is this the kind of tobacco you were weighing? A. I should say no—if I was obliged to say, I would rather say not—I would rather say it was not than it was.
COURT. Q. Is it not like it? A. No, I should say not.
Q. Was there plenty of such tobacco as this lying loose on the ground where the prisoner was? A. There was plenty of tobacco lying there.
Q. Was there plenty of such tobacco as this is? A. I cannot answer that question.
MR. PARNELL, Q. Look at this which the witness produces, and the other, and point out the difference in the tobacco to the Jury? A. In the first place, this produced by Mr. Rudkins, is genuine good tobacco, and this found on the prisoner is damaged, and this other is sound; and, consequently, I cannot say if it is the same.
DANIEL RUDKINS. I picked up this second heap of tobacco from the scale where the prisoner was at work, on the following day—this appears to be the same quality as this first produced, but this being on the ground, and trod upon, it disfigures it rather; but I should say, with that exception, it appears to be the same quality.
COURT. Q. Which was found on the prisoner? A. This—I should say there was such tobacco as this in the room where the prisoner was working—I was before the Magistrate—I, saw the prisoner sign a statement, and I believe it was signed by the Magistrate.
Q. Do you know the Magistrate's signature? A. I think I should know it again—I saw it when I signed my own deposition—I think I should know it again if I were to see it (looking at the deposition)—I should say this is Mr. Yardley's signature.
Cross-examined. Q. The words you used were, "You should say this tobacco was the same;" Will you swear it is the same? A. It appears to be the same sort—I do not say it is—it is disfigured, being trod upon.
Prisoner's statement read:—The prisoner says. "It was found upon me; it was for my own smoking; I had no bad intention in taking it.
(The prisoner received a good character.)
GUILTY. Aged 24.— Confined Six Months.
HEPHZIBAH ALDERTON. I reside at No. 22, Rutland-street, Shoreditch, I was married to the prisoner at Haggerstone Church, on the 14th of Oct, —he represented himself to me as a single man—he took me down to Birmingham on the 17th, and we came back from Birmingham on the 21st, and he left then.
Cross-examined by MR. CLARKSON. Q. Did you not see him again? A. Not till Nov. the 7th, when I saw him at the Marquis of Granby public-house—it was on the 7th of Nov. I first learned he was married—I had not suspected he was married till then—I went to Mrs. Miles's, and have staid there ever since—this letter is my writing (looking at one)—I was staying at
Mrs. Miles' at the time I wrote it—he brought me up to my sisters, and then afterwards I went to Mrs. Miles'—I cannot say when I wrote this letter—I am a dressmaker—I came up to London with the prisoner without the knowledge of my friends—he wished me to come up to London with him by the steamer—I came up with the intention of being married—I came from Ipswich—I do not know how long it would have taken me to come by the railway—I do not know whether I could have come up by the railway in one-tenth of the time I came by the steamer—I annot canswer how long the steam-boat was coming—I came away in the morning, and got to London in the evening, and then my brother caught us both.
ROBERT TURNER. I am house-steward to Lord Scarborough—I have known the prisoner from a boy—I was present at his marriage, on the 29th of Dec., 1845—he was married at All Saints' Church, Keddlestone, near Darlington, To Hannah Fletcher—she is now alive.
Cross-examined. Q. I believe she is not the person who prosecutes him? A. No.
GUILTY. Aged 27.— Confined Six Months.
CHARLES HIBBLE. I live at No. 24, King-street, Westminster. On the 19th of Dec., about twelve o'clock, I was going down Holborn—I was speaking to somebody—I turned round, and missed my pocket-handkerchief—this is it—I had it safe about half an hour before—I am sure this is mine.
THOMAS BRADLEY (City police-constable, No. 269.) I was watching a poulterer's shop on Holborn-hill—I saw the prisoner take this handkerchief from the prosecutor's pocket—he had it in his right hand—another officer took him by the collar, and directly the took him he threw it away.
GUILTY.† Aged 14.— Transported for Seven Years.
363. WILLIAM BAILEY was indicted for stealing 2 dead turkeys, value 5s. 15lbs. weight of lard, 10s. 15lbs. weight of honey, 8s. 15lbs. weight of butter, 15s. and 1 basket, 1s. the goods of William Harrod; and that he had been before convicted of felony.
WILLIAM HARROD. I am a butter and cheeseman—I live in Berkshire. On the 30th of Dec., about eight o'clock in the evening, I was coming to Brentford with a cart—I had a basket containing the lard and honey and other things stated, and two dead turkeys were in the cart—this is the basket.
a little business—I saw the prisoner take a turkey from the cart—I went and told Mr. Harrod of it—I am sure I saw it.
Cross-examined by MR. BALDWIN. Q. Do you mean to swear it was the prisoner? A. Yes—I knew the prisoner well when I saw him take it, but I did not know his name.
GUILTY. Aged 22.— Confined Six Months.
JOSEPH PATTEN. 1 live in Benton-terrace, St. John's-wood. The prisoner was in my service—I had occasion to part with her—when she was gone we missed this towel and tumbler and other things—they have been produced to me, and are mine—some of them were pawned—Mrs. Russell gave me the duplicates of them.
WILLIAM DALGLEISH. I am a pawnbroker, and live in Grafton-street. I produce a tea-spoon and a tumbler, pawned by a woman, but I cannot say who—the duplicate produced by the officer is the one I gave of the articles.
ANN BEASELEY. I found this duplicate in the table-drawer—the prisoner came to our house on Wednesday evening, and she was fetched away the next morning by the policeman—I found the duplicate after she was gone—when she came home I asked her what made her do it—she said she did it out of spite—this towel was found in her box.
GUILTY. Aged 32.— Confined Three Months.
Prisoner. Q. Did you not give me the knife, and say, "William I have brought you a knife?" A. No.
ROBERT GIFFIN (police-constable H 89.) I went after the prisoner, and found him at his lodging, at No. 10, Charles-street, Mile-end—I found these articles there—the prisoner said he did not steal the irons, but took them in lieu of some wages that Mr. Salmon owed him.
Prisoner. I took them, but not with intent to steal them—I worked with him for 7s. a-week, from seven o'clock in the morning till eleven or twelve at night, and having got work at a shop I had every thing requisite except these irons—I took them, but I meant to bring them back—the officer came and took me when I was nearly at the finish of my work.
WILLIAM SALMON re-examined. I own him nothing—he worked for me on the Monday, and promised to come the next day, but did not—I doubt whether he is competent to work for himself—this iron is cut for French-work, which he is not capable of doing—what he was at work at did not require these.
GUILTY. Aged 23.— Confined Three Months.
(There was another indictment against the prisoner.)
GUILTY Aged 13.— Confined Three Months.
GUILTY Aged 17.— Confined Three Months.
GUILTY Aged 21.— Confined Six Months.
GEORGE WALKLEY. I am a painter, and live in Buckingham-street, Pimlico. On the 20th of Dec., at two o'clock in the morning, I was coming along the Bayswater-road—I made a false step and fell down—I had drank but very little—I was quite sober and collected—I had changed my umbrella just before in Stanhope-place, and stepping down a higher pavement than I thought it was, I fell—I saw no person near me till the prisoner came up—she took hold of my right hand, put her left hand into my trowser's pocket, and took six half-crowns out—I could not catch her with my right hand, as I had my umbrella, but I caught her with my left hand—another female took hold of her, and pulled her and me across to the park rails—i called "Police!" and when the other female heard the policeman coming she ran away—I still held the prisoner, and the policeman came and took her—the prisoner threw down two half-crowns, and two more were found the next day—I am sure the prisoner put her left hand in my right-hand trowser's pocket, and took the money out—I had not sufficient strength to hold her with my right hand, having the umbrella, but I held her with my left.
Cross-examined by MR. PAYNE. Q. Did you say you held her hand in your pocket with the six half-crowns in it? A. I could not hold her fast enough to keep her hand in my pocket—four of the half-crowns were found on her—she threw down two of my half-crowns when she got to the station—I have nothing to do with what other money she put down—she took six half-crowns out of my pocket, and one marked "R.C.A."—I said before the Magistrate that one was marked with three letters, and I stated what they were.
Q. Did you not swear before the Magistrate, "The Money was what I received for my wages—I noticed there were some letters on one of the half-crowns?" A. Yes, sir, and I swore to the half-crown—it was not at a subsequent time, when the policeman showed it to me, that I said I knew it by the letters "R.C.A." stamped on it—the policeman did not show it me. Q. What I ask you is this, did you not say. "One of the half-crowns produced by the last witness is mine; I know it by the letters 'R.C.A.' stamped on it?" A. When the half-crown was produced to me I knew it, but I was not asked before what letters were on it—I told the policeman that took the prisoner what letters were on it—the Magistrate never asked me such a thing—I had been at work till eleven o'clock at night at Carlton Villa, mending an oval looking-glass frame—I then went to the Marlbrough tavern, and staid there till five minutes before twelve—there were three of us—we had four pints of 8d. ale between us—that was all I drunk—I went into public-house
afterwards—I then went home with one of my shopmates to No. 30; Praed-street—I stood at the door I dare say an hour—I recollect it was a very wet morning, or else I should not have taken an umbrella with me—I did not have anything to drink—I had left my friend, perhaps, ten minutes before I tumbled down—I neither met a man nor a woman, to the best of my knowledge, from the time I left my friend till the prisoner came up to me—I had six half-crowns in my pocket, and the prisoner put her hand into my pocket—I could not hold her sufficiently firm to prevent her taking her hand out of my pocket, and her companion dragged me across to the railing—her companion never touched me, but she assisted the prisoner in pulling me.
THOMAS SAVORY (police-constable D 58.) I heard a cry of "Police!"—I went to the rails in Hyde-park, and saw the prosecutor holding the prisoner—I asked him what was the matter—he said the prisoner had robbed him of six half-crowns—I asked the prisoner where the money was—she said she had not got it—I asked the prosecutor if he would give her in charge—he said, "Certainly"—on the way to the station, turning to him, she said, "I had not your b—y money"—I took her to the station—she snatched out two half-crowns, one shilling, two sixpences, a knife, and some coppers, and said, "You shan't search me"—the prosecutor said, when I took her, that there was a half-crown which had got letters on that he would swear to.
Cross-examined. Q. Have you told us all that took place? A. After she got to the station she said she saw him fall, and went to pick him up—she was searched by a female, who produced a halfpenny as all she found on her.
JURY. Q. Did you see a second female? A. Yes, at a distance from the prisoner.
Cross-examined. Q. What business had you to go to the cell? A. We visit the prisoners—the sergeant was with me—the prisoner said before the Magistrate that this half-crown was not hers, and that she was not at that place.
HENRY SAWYER (police-sergeant D 46.) I produce a certificate of the prisoner's former conviction at this court—(read—Convicted 24th Nov., 1845, by the name of Ann Hainsworth, and confined three months)—the prisoner is the person.
GUILTY.* Aged 29.— Transported for Seven Years.
GEORGE TREW (City police-constable. No. 26.) On the right of the 23rd of Dec. I saw the prisoner go into Mr. Howard's shop in Leadenhall-market—she put a goose under her shawl and walked out—I followed her—she got three or four yards, and I took her with the goose under her shawl—I told her I should take her into custody—she said she hoped I would forgive her.
Prisoner's Defence. My intention was not to have stolen it; I would have placed it where I took it from had I been allowed time.
GUILTY. Aged 50.— Confined One Month.
MR. PRENDERGAST conducted the Prosecution
JAMES SPICER. I am a greengrocer, and live in Bush-lane, Cannon-street—I take care of Mr. Gibbs' office, in Scots'-yard—the prisoner came to me the first week in December—he asked if he could see Mr. Gibbs—I told him he could not, as Mr. Gibbs was very ill, and had not been at the office for some weeks—I told him there was a gentleman named Meery, who was in the habit of coming to take Mr. Gibbs' letters and messages, and he would see him shortly if he would wait—he said he was going to the West-end, and he would look in the next morning at eleven o'clock, or one—he came about eleven, and asked me if the gentleman had been—I told him no—he said he would go to the Bell public-house, and I saw him accompany Mr. Merry from the public-house.
WILLIAM MERRY. I am clerk to William Spears and Co., of Great Winchester-street, but I was acting as clerk to Mr. Edward Gibbs, my uncle, at Scots'-yard—I have been in the habit of going there once or twice a day to get letters—I went there on 2nd Dec., and received some information form Mr. Spicer—I saw the prisoner the next day at the public-house—he said, as we walked along from thence, that he had come from Messrs, Harpers' for some wire—I asked him if he had brought an order from Messrs. Harpers—he said he had no order, that they had sent him for some wire, being in a hurry for it, and they would send the order in the morning for that, and also for a further quantity—I asked him who the Messrs. Harpers were—he said at the Jerusalem Coffee-house—I looked at my uncle's papers, and found there were receipts from them—I was making out the invoice for the wire, and I made it 18s. 8d., and the prisoner said, Messrs. Harpers only pay 18s."—I said I would send the invoice in the morning—that was 18s. for a bundle of wire—I gave him a bundle of wire, and he said Messrs. Harpers wished to have samples of some iron wire—he took samples of iron wire with him, and a bundle of fourteen pounds of copper wire—I delivered that to him in consequence of his representing that he came from Messrs. Harpers, and in consequence of that only.
EDWARD NORTON HARPER. I have one partner, we keep the Jerusalem Coffee-house—the prisoner was in my service, he left me on 28th Nov.—I had sent to Mr. Gibbs for wire—I don't think I ever sent the prisoner, but I was in the habit of having, wire, and he would be acquainted with that—I did not give him any authority to go for any wire on the 3rd Dec.—he had no such authority from our house at all at the time—I was in town on the 3rd of Dec.—no order could have been given him to fetch this wire without my knowing it—I did not receive any wire.
Cross-examined by MR. BALLANTINE. Q. Did you ever, in point of fact, give him any order to fetch wire? A. I cannot recollect—we carry on the business of wine-merchants, and want the wire for corking down the beer—the head cellarman superintends that part of our business—he and the men under him would use the wire—the order to any person to fetch wire would not come from the head cellarman—it comes directly from the clerks, and is given by myself—it is a printed order, signed by myself—I have given the order to any of the men who might be at liberty at the time—I may have given it to the cellarman, and he might have sent the prisoner for the wire if he was disengaged—I did not hear the prisoner tell the policeman that the cellarman gave him the order.
MR. PRENDERGAST. Q. You give printed orders, signed by yourself. A. Yes—I cannot tell without referring to the book, whether I gave such an order on that occasion—I sign a great number of orders in the course of a day—I can't recollect any particular day—I can say this, that no copper
wire has been ordered by the firm since September last—all orders given by the firm are printed; that is the invariable practice.
Cross-examined. Q. How do you know your firm has not ordered copper wire since September? A. That department of business is attended to by me exclusively, my partner does not attend to it—he or the clerks haven given no order for copper wire—I gave no order for copper wire on the 3rd Dec.—we have discontinued to use copper wire sine September last, we use metallic iron wire.
GUILTY. Aged 17.— Confined Six Month.
OLD COURT.—Wednesday, January 6th, 1847.
Third jury, before Edward Bullock, Esq.
372. WILLIAM BAILEY was indicted for that he together with otheres feloniously did assault William john Greet, and steal from his person I half-crown, his money, and did beat and strike, and use other personal violence to him.
WILLIAM JOHN GREET. On 26th Dec., about four o'clock in the morning, I was going up Rupert-Street three men rushed out of a gateway, one of the struck me a blow on the chest and knocked me down, two of them fell on me-the prisoner was one of them, I caught hold of him, called "Police," and held him till a policeman came—I do not know which of them knocked me pocket—I was only struck, by one—while on the ground I felt a hand in my pocket—I lost half-a-crown, which I am quite sure I had in my pocket five minutes before—I gave the prisoner in charge, and went to the station—he was there searched in my presence, and several half-crowns and some silver were found on him.
Cross-examined by MR. BALANTINE. Q. where did you get the half-crown from? A. An old school-fellow of mine, named Harrisson, who formerly lived at chatham, gave it me a about twenty minutes before—I met him in the Haymarket—I did not ask him for the half-crown—he asked me how I was getting on—I said, "Very badly"—he asked me if I had had anything to eat—I said, "Not much" and he gave it to me—I have not brought him here—I am a law-writer, and have been engaged by White and Co., of Searle's-place, about five months ago—I have not been doing anything since that—before that I was in the North Cornwall Railway-office, getting up their books of reference—I was formerly in the police for four years within six or seven week—I left about seven months ago—I was dismissed for leavening my division without giving the required notice—I had committed some trivial offences before, but nothing against my character—I had seen the prisoner on this evening before, in a coffee-house close to Newport-market; about half-past two o'clock in the morning I was getting a cup of coffee, and paid 2d. of it—I had 5d. at the coffee-house—I met my friend who gave me the half-crown about half-past three—I told him I had nothing to eat ordring—I did not mention the coffee—I had nothing at the coffee-shop but coffee—I bottom keep the coffee-shop—I mentiones to some persons there that I had no money—I did not ask them to give me any—the prisoner came in while I was there—he was not drunk at the station-house—he had been drinking when he came to the coffee-shop, but was not drunk—I did not see him pull out any money—I saw no money belonging to him—he might have had It without my noticing it—I live at 21, Princes-row, Newport-market—I heard the prisoner ask where he could get some gin—I did not jump up and off we to take him to place where he could get some—I said I was going to
the Haymarket—I did not say I was going to the Haymarket and would accompany him—a young man said he could get some in the Haymarket—I said I was going to the Haymarket—I went to a house at the corner of Jermyn-street with him—there was a crowd round the door—they refused to open it—we then went to a house at the corner of coventry-court—he called for 2d. worth of rum—I did not have any—I went with him, because the land-lord of the coffee-shop had asked me to get him a quartern loaf—he gave me 1s, to get it with—when we were in the public-house the prisoner called for two pickwicks, a pint of half-and-half, and 2d. worth of rum—they came to 7d.—I paid it out of the landlord's shilling, as I could not get any bread—I don't know how the landlord was to have his 7d. back—that did not occur to me when I paid the money—I did it to prevent a disturbance—after leaving the prisoner I went back to the corner of Jermyn-street, knocked at the house, and was admitted, and the 5d. was spent for a quartern of gin—I have not paid Mr. Rowbotham his shilling—I parted with the prisoner outside the public-house in Arundel-place—it was after that the robbery was committed—I am quite sure it was not me that knocked the prisoner down—on my solemn oath he was not knocked down by me—I did not run against him—I am sure my hand was not in his pocket—it was never nearer than his collar when I took hold of him—it was not him that called police.
MR. BALLANTINE called
ALEXANDER HAY (police-constable, C 131.) I live at 12, Brown-street, Grosvenor-square. I was in the same division of police as the prosecutor—I do not recollect his being dismissed—I met him on the night of the robbery, about half-past twelve o'clock—he said if he had 1d. he would go to the pie-shop and get a pie for his supper before he went to bed—I gave him 1d.—he never begged 1d. of me before.
COURT. Q. Do you know John Smith, the policeman in this case, A. Yes—I know he is ill, and confined to his bed.
JOHN ROWBOTHAM. I am a coffee-house keeper, and live in porter-street, Newport-market. I remember the prisoner coming that evening, as near as possible ten minutes under or over two o'clock—I keep an early coffee-house for Newport-market—he appeared rather tipsy—he had been there previously—he changed half-a-crown to pay for his coffee—I did not see any more money—I saw Greet there—he was there when the prisoner took the money out—he had been there an hour previous—he saw the prosecutor pay for the coffee—he could not have failed in seeing him—he sat close to him and saw it—Greet and the prisoner had two cups of coffee between them—Greet had tossed with one Brown before the prisoner came in, and lost, but did not pay—he had not got a farthing—he never paid me any money—I said I had no objection to trust him, because I had seen him come in with a policeman—the prisoner asked if I had any gin—I do not keep it—he asked where he could get any—Greet said, "I can take you where you can get some gin"—the prisoner said, "If you will go with me, I will treat you with a quartern"—they went away together—I gave Greet a shilling, and said, "As you are going to the Black Horse, at the corner of the Haymarket, be so kind as to ask the landlord to oblige me with a loaf of bread"—I never saw the money since, or the loaf, nor him either.
Before Mr. Justice Erle.
GUILTY. Aged 21.— Transported for Ten Years.
(The prisoner received a good character.)
Before Mr. Justice Maule.
MESSRS. ELLIS and BODKIN conducted the Prosecution.
JAMES BRANNAN (police-sergeant.) On the 20th of April, in consequence of instructions, I went with Tate and White to a house in New Court, Duck-lane, Westminster—we got there between two and three o'clock in the afternoon—I went up to a room on the first floor of the house—I found the door fastened—we were prepared with sledge-hammers and tools—we broke the door, and before it was broken down we made an opening in it, which enabled us to look the room, and I saw the prisoner standing by the fire-place with something white in his left hand, which he threw on the floor, and stamped on with his right foot—there was a clear fire burning with a pipkin on it, containing metal in a fluid state, which the prisoner took off and placed on the hearth—that was after he trod on what he threw down—I ascertained the state of the pipkin after I got into the room—we got into the room, there was nobody there but the prisoner—he was without coat, handkerchief, or hat, and his shirt-sleeves were tucked up—I looked at the place where I had seen him tread on what he threw down, and found this half-crown and one shilling, which I produce, among the plaster of Paris which he had trod on, and which appeared to have been crushed by a foot—the half-crown had a get to it, which I have broken off—it was extremely hot, I could not hold it, and dropped it into my coat-pocket-the get broke off in my pocket—I found another half-crown on a chair near the fire, on which stood three galvanic batteries—that half-crown was cold—the window was half open—when I went in, the prisoner turned towards it, and threw something out—I saw his hand go towards the window, and he turned round, and began crushing something again with his foot—what he threw down went into the court—there were about 200 people outside—he called to them, "I am to rights"—there had been a call before that of the police being there, and the people assembled—I and my brother officer handcuffed him—we were attacked by the people assembled were very severely beaten, and the prisoner was rescued—I produce the two counterfeit half-crowns, and a good half-crown, and two shillings, which I found in the prisoner's jacket-pocket on a bed in the room—I have been looking for the prisoner ever since—I took him on the 16th of Dec., in Henry-street, Kent-street, Borough, with the assistance of other officers—I am certain he is the man.
Cross-examined by MR. PAYNE. Q. Had you seen him before the day you looked through the hole in the door? A. Yes—I saw him in the room from a quarter of an hour to twenty minutes—the rescue took place on the landing—I had seen him several times before, and knew him by the name of Morris, but not by his Christian name—I never spoke to him—I dropped the coin into my great coat pocket—the get broke off in my pocket, and I lost it—I am positive it was on it—I searched in my pocket for it, but could not find it—there was no hole in my pocket—I will swear I never saw the prisoner from April to Dec.—this is the place on the coin where the get was—there was a projection of about a quarter of an inch, which I cut off with a knife, as I carried it in my pocket, and was afraid it would work a hole through—I found this coin in the plaster which the prisoner trod on—the plaster was about the size of my fist—it was very hot—I have not brought it here, because we were beat out of the room, and I was knocked down senseless—I had got on to the landing-place—I did not put it into my pocket before that, because I was afraid the mob would come in at the window—I collected the pieces and put them on the table to bring away, but was forced out of the room.
COURT. Q. How long after you got into the room did the people come in? A. Almost immediately—there was a simultaneous rush in at the window—they forced the window-sash in—I had not time to put the pieces of plaster in my pocket—Tate was with me in the room, and one policeman remained outside.
HENRY TATE (policeman.) I accompanied Brannan and White to the house in New Court—I saw Brannan go forward—I heard a woman cry out, "Here comes the b—y coppers," which means the police—at the time Brannan entered the house, from 20s. to 30s. came from the first-floor window—I picked up two, which I produce—I afterwards went up stairs to the first floor front room which the shillings were thrown from, found the prisoner in the room, took him in charge, and placed handcuffs on him—we then commenced searching the room, and had hardly began before a number of bricks and stones came through the window from the street—a great many people came into the room and attacked us—I saw three galvanic batteries on a chair—I placed them on the table—in the scuffle they got broke, but I have brought away part of one of them, and produce it—I was knocked down—I had hold of the prisoner some time, but was overpowered, and he made his escape out of the door—I did not see the metal in a fluid state—there was liquid in the galvanic batteries, but they got upset.
Cross-examined. Q. Who told you to go there? A. I do not know that anybody told me to go—I went with Brannan—I cannot say that I know a man named Ballard—I have heard tell of a man of that name—he does not go about with the policemen employed by the Mint, that I know of—I never saw him in my life—I was under the control of Brannan—he told me to go with him—they were bad shillings which came out of the window—I have heard them sing out before, "Here comes the coppers," but do not know what it means.
Cross-examined. Q. Do you know Ballard? A. No—I went under Brannan's direction—I am employed by the Mint in some cases—Brannan Is often employed—I have never seen Ballard in his company—I do not Know him. JAMES BRANNAN re-examined by MR. PAYNE. Q. who told you to go to the place? A. The authorities of Her Majesty's Mint—I received written instructions from Mr. Powell, the solicitor to the Mint—I do not know Ballard—I will swear I never saw him in my life, to my knowledge—I have heard of such a person, and have been in pursuit of him for a similar case—on my oath I do not know that he is in the employ of the Mint as a spy, and that they never intend to take him—every effort has been made to take him—I never took him and let him go—during the ten years I have been acquainted with the Mint, I never saw such a man going about with the Mint officers telling them where to go—I received directions from Mr. Powell, on which I acted.
JOHN FIELD. I am inspector of coin to the Mint—here are two half-crowns, both counterfeit, and both cast in one mould—here is one half-crown which appears to have made the impression in the mould in which the counterfeit half-crowns have been cast—there is a mark on the good one which is conveyed to the surface of counterfeit one—here is another counterfeit half-crown of a different description, and different impression—here is a good shilling and five counterfeit shillings, all cast in the same mould—here is part of one of Smee's galvanic batteries—it is used for electro-plating—the half-crown
is not electro-plated—being just fresh cast, it wants the edge filed off first—plaster of Paris is used to make moulds.
Cross-examined. Q. Do you know Ballard? A I never saw him in my life—I have know him by name for years, and should be happy to meet with him—I have not known him as a spy employed by the Mint, quite the reverse—the officers go about to apprehend persons from information—I dare say the persons are paid for the information—I have no information that the Mint employ people to spy out—they find it out, no doubt, by persons intimately acquainted with those practices—I am not aware that they get a good round sum for it.
MR. SCRIVEN conducted the Prosecution.
WILLIAM PENNY (police inspector.) On the 16th of Dec., at seven o'clock at night, I went to a house in Henry-street, Borough, accompanied by Brannan and Tait, in search of the prisoner—I went in with Brannan—Tait remained at the door—having made inquiry below, we went up stairs to the first floor room—I opened the door by turning the lateh, and saw the prisoner standing in his shirt-sleeves—he blew the candle out—he had something in his hand, which he threw out at the window, which was open, and jumped out himself—I had time to see something white in his hand before the candle was blown out—there was a large fire—after he jumped out at the window Brannan left the room—I looked out at the window, and saw the prisoner running up the street—I went down directly—he was pursued, and I met the officers returning with him—we took him to the station in a cab—I returned to the lodging with Brannan, and found on the hob of the grate this piece of line rag, containing twenty-two counterfeit half-crowns and fifty counterfeit shillings, all quite hot, and all in an unfinished state—while I was searching the room the landlord of the house came in—in consequence of what he told me, part of a double mould for casting half-crowns was given me by Martin, in the presence of his wife, who had picked it up—that was a quarter of an hour after the prisoner had jumped out of the window—I received from Mr. Martin a piece of a mould with the tail side of a half-crown upon it.
Cross-examined. Q. Are you sure there was a candle in the room at all? A. It was on the floor—it was lighted—I saw him blow it out—it was on a table when it was blown out, and it tumbled on the floor—his running to the window might have thrown it down—we were in the room a quarter of an hour or twenty minutes—we did not lock the door; there was no key—we left the room in charge of a girl about fifteen years old—we took the prisoner to the station, and then searched the room in his absence.
JAMES BRANNAN. I went with Penny to Henry-street—we went into the room—he opened the door—the prisoner put the light out—I saw something in his hand, which he threw out of the window, and then jumped out himself—I ran down, pursued, and secured him in a house in Ann's-lane, took him to the station, returned to the room, and found two pipkins, one containing a very little white metal, hot, some plaster of Paris, and a basin containing white sand and some plaster of Paris in a dry state—they were on the table—I saw the inspector find the parcel of money.
Cross-examined. Q. Where was the plaster of Paris? In a saucer in the cupboard—I made a mistake when I said a basin—it is not wheat flour—here is a pipkin with sand in it.
HENRY TAIT (police-constable.) I remained in the street while Brannan and Penny went into the house—I stood inside the passage, and when they called out I rushed out, and the prisoner came right on me—I and Brannan pursued and secured him.
Cross-examined. Q. Are you sure he is the man who came out of the window? A. Yes—he was secured nearly a quarter of a mile from the room—I never lost sight of him—there were two turnings, but I was close to him.
ELIZA KIRKMAN. I am the wife of Robert Kirkman, of Henry-street; the prisoner lived next door to me. On the 16th of Dec. I heard a noise next door, went out into the street, and saw something lay on the windowcill—I took it up, and my dropped it again because it was so hot—I took it up again, and gave it to my husband—it was white—it was this mould—my husband dropped it, and Mrs. Martin came out and took it up—I saw Mr. Martin give it to the policeman.
Cross-examined. Q. Did not you lose sight of it before it was gives to the policeman? A. Yes—Mrs. Martin took it into her house—I am able to say that what she took up and gave to her husband was what I took up—it was broken then as it is now—it did not break afterwards, because there was snow on the ground—the prisoner has lived next door to me a month or six weeks—he has one little boy there.
ANN MARTIN. I lived next door to the prisoner. On the 16th of Dec., about seven in the evening, I went into the street, and picked up a mould under the window—I took it in-doors, and gave it to my husband—I did not lose sight of it—it was quite warm—it was not lying in the snow—there was no snow, to my knowledge—I lost sight of it when my husband took it up stairs—I afterwards saw him give it to Penny—I believe Mr. Kirkham was present when I took it up—there were many persons there
EMMA OLIVE. I am the daughter of William Olive, of No.28, Henry-street The prisoner lodged there—on the 16th of Dec., in the evening, I heard a noise—I recollect the policeman coming to the house, and leaving it—I stood at door from the time they left, till Penny and Brannan came back, and nobody came.
Cross-examined. Q. How many rooms are there in the house? A. Four—two of them were locked, and open—my mother was out—there was a back door—I stood at the front—penny asked which was the prisoner's room when he first came—the policemen were absent about a quarter of an hour—there were a good many people in the street.
MR. SCRIVEN. Q. Did anybody come in at the back door while you stood at the front? A. No—I should have seen them if they had—there was nobody in the house but myself at the time.
MARY OLIVE. On the 9th of Oct. I let this room to the prisoner's wife for herself and husband—I saw him there the same evening—he has been in the habit of paying me the rent ever since—he has been there ever since, but his wife only occasionally—they only had one room.
Cross-examined. Q. How many children had they? A. Five, but not living there—the eldest is eleven years old, and the youngest thirteen months. MR. JOHN FIELD. This is a plaster of Paris mould for casting two half-crowns at once—here is the impression of the obverse side of two half-crowns on it, of different dates—there are two channels—here are twenty-two counterfeit half-crown pieces, of the date of 1819, in the state in which they came from the mould, and forty-four counterfeit shillings.
Cross-examined. Q. You have got nothing that was made by that mould?
A. No—the stuff in this saucer appears like plaster of Paris—I have not tasted it to see that—it is not flour.
GUILTY.* Aged 36.— Transported for Fifteen Years.
Before Mr. Justice Erle.
377. GEORGE WILMOTT was indicated for feloniously cutting and wounding Susannah Haines in and upon her head, with intent to murder her.—2nd COUNT, stating it to be to disable.—3rd COUNT, to do grievous bodily harm.—4th COUNT, that he, being armed with certain weapons, did assault with intent to rob her.
MR. CLARKSON conducted the Prosecution.
SUSANNAH. I am the wife of Henry Matthew Haines, a painter—we live in a cottage at the back of Paradise-terrace, Liverpool-road, Islington. He never works at home—he usually comes home about dusk, between six and seven o'clock, except on Saturday nights, when he is later—we were both acquainted with the prisoner—he was in the habit of coming to see us—on Saturday evening, the 14th of Nov., he came to the cottage, between five and six o'clock—it was dusk—my husband was not at home—our cottage is lonely—he tapped at the window—I said, "Who is there?"—he said, "It is me"—I knew his voice well, and opened the door, and said to him, "Are you alone?"—he said, "Yes"—I said, "Is anything the matter?" seeing him alone, (as he never came to our house, except the night before, without a person I thought was his wife)—he said, "No"—he came in, and said, "I came to ask if you had such a thing as a bit of paint to give me?"—I said, "I have not such a thing in the house"—he put his back to the door—I did not ask him in, as I wondered at seeing him alone, but he stepped in on the mat, asked me for the paint, put his back against the street door, and pushed it to, and it fastened—he kept rubbing his hands—he said he had been putting a bit of wood up at home, and wanted to colour it—he walked into my sitting-room, which is the next room, and said, "I have been over to Newington again, "(he had said on Thursday that he had been to Newington,) to pay the interest on some pledges, as he had not money enough on Friday, and was obliged to again—I said, "Why did you not say so when here yesterday? I would have given you enough to save you the journey that night"—he said, "I was too tried"—"I said, "Will you like to sit down and take a pipe?" as my husband and he often smoked together—he said, "Thank you", and I gave him a pipe and tobacco—after he had smoked a short time, I was putting some meat into the pot on the fire, which I had just brought in for my husband's supper, having my things on—he said, "You will not have your husband's supper ready"—I shall, it is not more than six o'clock; I do not expect him till between eight and nine"—he said, "You have got your things on, I am keeping you"—I said, It does not matter for a quarter of an hour or so, while you rest"—I was then putting the meat into the pot on the fire—it was necessary to turn round to do so, which I did—he stood close to me; and when I rose up my head after doing so, he was standing close to me; with his hands in his trowsers pocket, and a pipe in his mouth—my eye caught his, and he gave me a dreadful look, which I could not understand—I became quite flurried, and turned back about two steps towards the window—I heard his step behind me, and received a most tremendous blow on the top of my head—I was half round the table at that time—he followed me round the table—I had a light burning on the table—the first thing I observed after he followed me was a tremendous blow on my head, and the light went out at the same moment—the blow was from some substance—I should not think it was a fist—he never spoke—I screamed, "Murder!" and made
to the front door as well as I could, and before I could get more than half a yard I received another blow—I then got to the front door—I received another blow before that—I then tried to get my hand on the latch to open the door—he turned me from the door, and pushed me into the corner of the room by the window, and there repeated the blows, I cannot say how many times—after striking me a great many times, he caught hold of me, and tore my bonnet off, and tried to tear my throat open—I thought I was struggling for my life, and seized him by his head, thinking it was the last struggle—I held his head under my arm, by the hair, and got to the door—I was sensible enough to know I had his head under my arm—I was crying "Murder!" all the time, and when I got the door open my cries were heard —I kept my feet for a few yards after I got out of the door, and then was caught in the arms of a witness—I was afterwards attended by a surgeon—the prisoner was taken, and brought to me towards morning, and I knew him directly—when he called on the Friday asked me what sort of Christmas I thought I should pass—I said, "I do row; my husband is going home to see his friends, and I must spend mine after he comes back; he has a father and mother in the country"—he said, "That will be expensive"—I said, "Yes; I dare say it will cost 5l. or 6l.; it seems a pity to spend money in that way that is hard earned, but he is a very solid man, and does not spend money"—about a month or more ago I had a conversation with him about a robbery in the cottage of Gilbert, whom he knew well—I was speaking about their being robbed while we were both out—he said, "It was a good thing they did not rob your house"—I said, "If they had broken into my place they could not have taken anything but clothes, as what money I have I always carry about me"—he said, "It is a wonder you carry it about you, there are so many robberies"—I said, "Well, I always do, and it would not be taken from me without my life"—I never had any quarrel with the prisoner—I have occasionally lent him money of my husband's, a sovereign at a time—the prisoner never spoke a word from beginning to end during his attack on me—I bled a good deal, and was wounded.
Prisoner. Q. Did you not go into the yard to get me some paint? A. No—I had none. Q. On what occasion did you lend me money? A. Your Wife, as I thought her, had asked me for a sovereign in your presence—I went Once with Constantine to look for a cottage for you—I lent your wife a sovereign to pay the last quarter's rent—I saw you at Christmas, 1845, and as we went home my husband said he thought you were in distress, and if half-a-sovereign would do you good he wished he had let you have it—I said I would get up next morning and take it to you, which I did—when I got there I said, "Did you see anything of my purse?"—you said, "No"—I said, "Well, you stated you were in distress; my husband told me to bring you half-a-sovereign"—it was said you were in want of food—I know nothing about your opening a shop. Q. You say I gave you a strange look? A. You had a horrible look, which I shall never forget—the moment you gave me the blow, the candlestick went on the floor—when you were brought to me to be identified I said you were the man—I had known you five years—I said, "You have left me just life enough to speak, which you thought you had not." RICHARD GILBERT. I live in the same sort of cottage as the prosecutrix. On the 14th of November I was at home—it was very dark—at six o'clock, while I was sitting in my cottage, I heard a sort of stifled shriek, which afterwards broke out into a women's scream—I did not hear anything but screaming—I was too far to hear words—I went out directly in the direction in which I heard the screams—I ran against the prosecutrix, pushed her down,
but caught hold of her and prevented her going to the ground—we were running in opposite directions—I found her bleeding, and said, "Who is it?"—she did not seem sensible enough to answer, but kept calling out "Murder"—she was covered with blood, her neck, bosom, and every thing—at the time I ran against her I heard footsteps running from the immediate spot, going towards the end of the alley—this is the bonnet she had on—it was in this state. With blood on it, then—I took her into her own cottage, and on the door-post of the cottage I observed blood spirted, and also on the brick reveal, which was lime-whited and showed the blood—on going into the cottage, blood fell from her person—she was quite exhausted—her spirits kept her body up—in a few minutes she got round a bit—the prisoner was brought to the cottage by the police the same evening—I was down stairs, and Haines and his wife were up stairs—I heard a few words pass, such as "Why did you do it?"—the first words I heard the prisoner say were, "Well, I did it; you shall know what for"—I then heard him say, "I did it for revenge and satisfaction"—Mrs. Haines is a peaceable woman, and respectable in her station.
Prisoner. Q. When you took her into the house, where did you find the candlestick? A. Not in the house, but outside—the candle was about two feet in the parlour, burning on the carpet—it had fallen on the carpet, and caused the carpet to flare.
HENRY MATTHEW HAINES. I live in one of three cottages near Paradiseterrace. It is a lonely situation—they are small cottages, with three room—the nearest one to mine would be about fifteen yards—they are detached—there is no light in the alley—I have known the prisoner four years and better—on Friday, the 14th of Nov., I found him at the cottage on my return home—he had some tea there, and staid about twenty minutes after my return—in the course of our acquaintance, he knew when I was in the habit of receiving my wages—I received them at six, or half-past six, o'clock on Saturday evenings—I am sure he was aware of that—he has been several Saturday nights, and supped with us, when I have received my wages and spoken of it—on this Saturday I returned home at a quarter to eight o'clock, and found my wife with her head dressed, and four or five people in the house—her hair was all cut off, and there was blood on the table—she had been seriously injured—there was a hat in the room—it was not mine—I thought it was the prisoner's—I saw the prisoner at the station the same evening—he was told in my presence that he was charged with cutting and wounding my wife—he said he had not been there, he had not been at Holloway, which is where we live—he afterwards said he did it for revenge and satisfaction—he looked over his left shoulder at me, and said, "I should have done it the night before if you had not come home too soon."
Prisoner. Q. You recollect being at the house where I lived, last Christmas-eve twelve months? A. Christmas-eve or Christmas-day, I do not know which—you were about opening a little shop about that time—the shop was not at your place—my wife went next morning to lend you some money—you had not directly asked for it—you said you were in poverty, that your income had fallen off—my wife has lent you money, and we took a table and things in return—I think my cottage is fifteen or twenty yards from the back of Paradise-terrace.
WILLIAM HOWARD (police-constable N 22.) On the 14th of Nov., in consequence of information I received, I went in search of the prisoner, found him in Odey-place, Somers'-town, and watched him into a shop in Edward-street—I procured the assistance of Brennan, who took him and brought him to me—I asked him if his name was Smith—he said "No"—Brennan asked
him if he had been at the back of Pardise-terrace that night—he said "No, he had not been there—he was taken to the station, and from there I and another constable took him to Mrs. Haines' cottage—he was shown to her—she said "That is the man"—the prisoner then said that he had done it, and she knew what it was for—I produce Mrs. Haines' bonnet, which was found in the cottage
Prisoner. Q. Has the bonnet ever been out of your possession? A. I has been locked up at the station—it has in my brother constable hands—I swear it is in the same state as when I received it—I recollect leaving you with another officer—when I took you to the police—office I had a candlestick with me—I do not know whether the other constable tried to fit the candlestick into the bonnet
MR. CLARKSON. Q. Does the bonnet appear to have received dents, from blows? A. Yes.
JAMES BRANNAN (policeman.) On the 14th of Nov. I took the prisoner—I told him I took him for an assault on women at back of Paradiseterrace, Liverpool-road—he said he assaulted no women, and did not know where it was—I asked him if he name was Bentley—he said, "No," that was the name I' had given me—I asked if he knew any person living at the back of Paradise-terrace—he said no, he did not know any person there—I took him to the station, and sent for Haines—the prisoner there denied assaulting anybody—he was afterwards taken to Mrs. Haines's house, and confronted with Mrs. Haines—Mrs. Haines pointed to him, and said, "That is the man that assaulted me!"—he said, "Yes I did it, and she knows what for"—I said to her, "Do you know any cause why he should do it?"—she said, "No"—he replied, "Idone it for revenge and satisfaction; I would have done it last night, only you came home too soon, "(turning round to Mr. Haines)—after taking him back to the station, I examined. and found two spots of blood on the back of his trowsers, and one on his shirts.
MRS. HAINES re-examined. Q. I believe you had been out, and had not taken off your things? A. Yes—I had my bonnet on when I received the blow.
RAYMOND LEVI HAYNES. I am a surgeon, and live at Holloway. I was called on the 14th of Nov. to see Mrs. Haines at the cottage at the back of Paradise-terrace—I found her very much exhausted, and several wounds on her head, which had bled considerably, but were not bleeding much then—there were five incised wounds, which were also bruised—one of an angular shape, which corresponded with the front hole through her bonnet—another angular one, about two inches more backwards; which corresponded with no hole in her bonnet—a third, about two inches and a half from the centre, and two on the right side—there were two contusions on the back of the head, one about the size of a walnut, the other not quit so large—they were serious injuries—I consider a chisel the most likely instruments to have done it—I attended her about weeks—the cuts appeared to have been inflicted with considerable violence, as although the bonnet was on, the scull was laid bare in three places—the hair was also cut through—I had reason to fear on the 16th that her life might be danger—there was a trifling wound on her ankle.
Prisoner. Q. What induced you to alter your opinion respecting the instrument which inflicted the wounds? A. I never gave a professional opinion till I was before Mr. Greenwood on the 15th of Dec.—I had not an recollect the Magistrate asking if the candlestick could have inflicted them—I said it was done with a chisel or plasterer's hammer, which resembles a chisel very
much at one end—on examining the bonnet I find both the holes are narrow, and the straw requires something cutting to divide it—I am satisfied it was a sharp instrument, and something narrow—it is a clean cut—the contusion might have been made at the time the wound was inflicted, or by subsequent blows—the candlestick might inflict the wounds without the bonnet, but not with the bonnet on—there was no blood on the candlestick.
Prisoner's Defence. All I have to say is, I certainly did go to the cottage, and assault the woman; but as to ever saying it was out of revenge, I never did; we had words about a certain person calling at the house, and she said she would give me in charge of the parish officers for deserting my wife; I was irritated, and snatched the candlestick off the table, and to make her let go, gave her several chops on her back, but she still held me till we got out of the house; she them let me go, and I walked away; that is the long and short of the story.
GUILTY on the 3rd count. Aged 28.— Transported for life.
Before Mr. Justice Maule.
378. THOMAS WARMINGTON CROWTHER was indicted for feloniously forging an order for the payment of 30l., with intent to defraud william Dixon and others.—2nd COUNT, for uttering the same with a like intent.—3rd COUNT, stating his intent to be to defraud Montagu shearman
MR. CLARKSON conducted the prosecution.
MONTAGU SHEARMAN. I am an attorney, and live at No. 14, Duke-street, Adelphi. I keep a banking account at the house of Brookes, Dixon, and co., Chancery-lane—the prisoner was in my service as clerk—he quitted me on Saturday, 5th Dec.—no part of this cheque for 30l., drawn on my bankers, and signed in my name, is my handwriting—I believe it to be the prisoner's writing—I never gave him any authority to draw on my bankers in my name.
Cross-examined by MR. BALLANTINE. Q. Did you pay the prisoner any salary? A. No—I know him to be of highly respectable connections, and the brother of a clergyman—I believe he was articled to an attorney in the country—after being articled he was in Mr. Lithgow's office—Mr. Lithgow took a partner, named Martin, with whom the prisoner subsequently became partner as solicitors—I also know that he became involved in Martin's liabilities to an enormous amount—Martin took the benefit of some Act—I afterwards took the prisoner into my employment—he had several business friends and connection who might be important to my business, and it was understood that as far as he could he should bring the connection of his partner to me—after a period, I proposed to allow him a participation in the profits of the business—it was understood he was to have a share in the business in the interval, between the period when he came to me and that period—he conducted himself in a manner that me with my entire approval up to very recently before this transaction—in consequence of his connection with some woman I remonstrated with him, and the result of that remonstrance was, that he immediately married her—he appeared very eccentric and irritable at my remonstrance—what he was entitled to, depended on what he had expended—he had kept my cash, and I should have had to go through that to ascertain—I am afraid he would not have been entitled to anything, but I am not able to speak with certainty—if he had wanted 20l. Or 30l. I should have let him have it—after I remonstrated with him I handed him a cheque for 20l. for business purposes, and in consequence of the exceeding eccentricity of his manner I took it away from him—he occasionally had possession of my cheque-book—I drawn cheques on plain pieces of
paper, but very rarely—I usually draw them on the printed form—I never spelt Mr. Dixon's name wrong—I have not balanced my cash-book yet—the prisoner kept the cash the whole of the time—I had the highest opinion of his integrity and conduct—I had not known him before he got embarrassed with this Mr. Martin—he went away the very day I made the complaint, which was on Saturday the 5th Dec.
WILLIAM WALKER. I am one of the cashiers at the house of Dixon and Co., in Chancery-lane—there are three partners, William Dixon, Francis Henry Brooks, and John Shot Dixon. On Saturday, the 5th Dec., at about four o' clock, this cheque was presented to me at the banking-house—I do not know by whom—it was the busiest day of the week, and the busiest hour of the day—I paid it in the three 10l. notes—one of the notes was No. 26577, which note I have now in my hand—the writing and signature of the cheque has a resemblance to that of Mr. Shearman, but in the hurry of business I did not notice it as I should have done—the prisoner never had any account at Dixons' to my knowledge—I have been in the house twenty-three years.
Cross-examined. Q. Do you mean to represent that there is the smallest resemblance to Mr. Shearman's handwriting? A. Yes—I am in the habit of paying his cheques—I did not notice that the cheque was drawn on Dickson and Co., in the hurry of business—Mr. Shearman rarely draws on blank paper—to my knowledge, he never signed his name without the Christian and surname being joined together—there is a similarity in the handwriting in the word "Shearman"—I thought so in the moment of business—I should not have paid it unless it had struck me so at the moment—I mean to swearthere is a resemblance in the writing of the surname.
COURT. Q. Did you believe it to be the handwriting of the Mr. Shear-man who has been examined, and who has an account at your house? A. Yes, and U paid it on that account.
GEORGE SMITH. I keep the star and Grater public-house, in Sloane-square, Chelsea. On Saturday, the 5th of Dec. last, I received a 10l. note from Catherine Mulcher, and gave her change for it—I know this to be the note, because I marked it with my initials.
CATHERINE MULCHER. On the 5th of Dec. last I was in the service of Mrs. Nutt, of 35, Sloane-square, Chelsea—the prisoner lodged at her house—he gave me a 10l. note that day, some time before six o'clock in the evening, and told me to get it changed—I took it to the Star and Garter public-house, kept by Smith, and got it changed by him—I gave the money to the prisoner the same evening.
MONTAGUE SHEARMAN re-examined. I am acquainted with the prisoner's handwriting—I have seen him write as my clerk—I believe this cheque, produced by Robert Smith, to be his writing—it is his ordinary style of writing—(read)—"Messrs. Dixon and Co., Chancery-lane, London, pay to the bearer 1l. R. Warmington Crowther, Dec. 6, 1846."
ROBERT SMITH re-examined. I was present when the prisoner was examined on this charge—I heard the Magistrate call on him to know whether he had anything to say—what he said was taken down in writing—this is the Magistrate's signature—(read)—"The Prisioner says, 'I drew this check certainly, but I had an account at Messrs. Dixon's'"
(The Rev. Mr. Crowther, the prisoner's brother; Mr. Frederick La Touche, Insurance-broker, New City-chambers; Mr. William Smith Catchpole, attorney;
and Mr. Robert Wilson, clerk to Mr. Bernardi, gave the prisoner a good character.)
GUILTY. Aged 34.—Recommended to mercy.— Transported for Ten years.
Before Mr. Justice Erle.
379. THOMAS WILLIAMS, GEORGE WILLIAMS , and WILLIAM BRANNAN , were indicted for feloniously assaulting Henry Wade, and stealing from his person, and against his will, I pair of gloves, 3s. and 12 keys, 6d. his goods.
MR. HORRY conducted the Prosecution. HENRY WADE. I am a tailor, living at No.4, Prugean-square, Old Bailey. On Sunday night, the 27th of Dec., I was coming from the Hand and Shears Public-house Cloth-fair—when I got into Smithfield I was Knocked down by something backwards senseless—I cannot tell by what—it was all done in a moment—I had a galvanic gold ring on my finger, and a gold pin in my breast, from seven shillings to eight shillings in money in my left-hand waistcoat pocket, a silk handkerchief, a measure, and a pair of black gloves, and a letter—from the time at which I got home, I suppose I must have laid there about ten minutes—I went home and to bed—I saw three constables afterwards—Casey was one—he came to me and produced this portion of a letter which I had taken in my possession at the time I was assaulted—it was in my coat-pocket—I had taken it with me to take a measure with, and it is on it now—when I rose from the ground all my Property was gone.
MICHEAL CASEY (City police-constable, No. 284.) On Sunday, the 27th of Dec., I was on duty in Field-lane—the two prisoners named Williams, were given into the custody of myself and a brother officer, in Field-lane—Brannan was not with them at that time—he had been about twenty minutes previously—this was about a quarter-past twelve on the Monday morning—I was not called to the spot by an alarm—I took this bar of iron from Thomas Williams' trowers—I searched him at the station-house, and found on him this tailor's measure and a pair of kid-gloves—I afterwards took Brannan in charge, in Field-lane, at ten o'clock, on Monday night, on suspicion—I searched him, and found a pin, a ring, and a duplicate for a handkerchief.
Thomas Williams. He took the bar out of my hand, not out of my trowsers. Witness. I took it from his trowsers.
COURT. Q. Where was it you had seen Brannan in company with the Williams's twenty minutes before? A. Going down Field-lane—they were all three together.
THOMAS CROCKER (City police-constable, No. 259) On Sunday night, the 27th Dec, I was on duty in Field-lane—I saw the three prisoners together—it was about five minutes before twelve—they were going on together in company with each other—I afterwards took George Williams into custody, and assisted to take Thomas Williams part of the way to the station-house—Brannan was not with them then—George Williams took a knife from his pocket—I seized him by the hand, and said, "What have you there?"—he dropped it into his pocket, and I put my hand in and took it from his pocket—he had nothing but Lucifer matches in his pockets, besides the knife.
George Williams. Q. Did I take the knife out of my pocket, or did you? A. You took it out first, and then dropped your hand in your pocket again, and I took it from it—it is a clasp-knife—it was shut WILLIAM BREWSTER. I am shopman to Mr. Franklin, pawnbroker, of Tottenhan Court-road—I produce a handkerchief—I have the duplicate of it—it
was pawned on the 28th of dec., I belive, by the prisoner Brannan—I cannot exactly say the time—I should say it was in the evening part.
Brannan. I pawned it in the morning, not in the evening.
Thomas Williams's Defence. I was going down Farringdon-street on this night, about a quarter to twelve o'clock, and picked up the piece of iron, and the paper wrapped round it, the gloves and the yard measure were wrapped round them, and I put them into my pocket.
George Williams's Defence. I know nothing about it.
Brannan's Defence. I met a young man on Sunday night, about a quarter-past twelve o'clock; he asked me if I wanted to buy a breast-pin; I did not want it; he said he was hard up, and wanted 7d. for it, so I gave him 18d. for the handkerchief, 1d. for the ring, and 1d.for the pin; I did not know any better, or I would not have bought them.
(Mary Griffiths, of Field-lane, gave the prisoner Brannon a good character.)
THOMAS WILLIAMS— GUILTY . Aged 21.
BRANNAN— GUILTY. Aged 20.
Trasported for ten years.
GEORGE WILLIAMS— NOT GUILTY.
NEW COURT.—Wednesday, January 6th, 1847. Fifth Jury, before Mr. Common Sergeant.
GUILTY. Aged 26.— Confined Six Months
GUILTY. Aged 22.— Confined Four Months.
GUILTY. Aged 26.— Confined Three Months.
GUILTY Aged 30.— Confined Six Months.
HENRY STADDEN . I am landlord of the British Lion public-house, Cavendish-street, New North-road; the prisoner was my pot-boy. On, Saturday, the 5th of Dec., a little after three o'clock, I gave him a 10l. Bank-note, to get some tobacco, and to get change for the note—he went out, and did not return—at ten minutes past four I went to look for him—I went down Pitfield-street to Mr. Allen's, where I had sent him, to ask if he had been there—I did not find him—I found him when I came back—he said he had lost the note, but he had found the bag in Pitfield-street—I had been there to look for him—I did not find him in the way where he said he had been looking for it—he might have returned home in three quarters of an hour, even if they had kept him a quarter of an hour.
GUILTY. Aged 17.— Confined Three Months.
MESSRS. BALLANTINE and WILDE conducted the prosecution.
GEORGE WATTS. I am clerk to the Huntingdon Railway company; their office is at No. 14, Park-street, Westminster. On the 16th of Sept. I placed a check for 101. in the deed-box—I locked the box, and left it in the secretary's room at the office—there were other things in the box—I found the box locked when I came in the morning, but the check was gone—the prisoner and his wife resided on the premises, and no other person.
Cross-examined by MR. CLARKSON. Q. was there more than one key to this box? A. Two, Sir—the prisoner was given into custody on the 17th of Dec., which was three months afterwards—when he was taken up he stated that a gentleman, who represented himself to be named Holmes, had come down the stairs, and met him on the stairs, and put the check into his hand, telling him the secretary had not arrived, and desired him to get cash for the check, that the got it cashed, and paid the cab-fare out of the money—there are fourteen directors to the company—I am not certain how many provisional committeemen there are—it turned out that the place where the prisoner took the check to get it changed was a place where he was known—he had never taken cheeks there for us—the secretary was not examined before the Magistrate, though he knew the defence the prisoner made, nor were any of the directors, or any of the company, but myself—I had bad a quarrel with the prisoner about ten months before this—we had not spoken to each other afterwards.
THOMAS HESSELL. I am a licensed victualler, and live in Dartmouth-street, Westminster. I remember my wife, in my presence, changing a check for the prisoner about the middle of Sept.—to the best of my recollection I took the check, but I think my wife gave him the change—my wife gave the check to Mr. Harrison.
Cross-examined. Q. This was on the 21st of Sept., or thereabout, was it not? A. I should not like to swear to the date—I knew the prisoner—he was in the habit of coming for porter and ale—I knew him as the person who lived at that house—I have changed notes for him on several occasions.
COURT to GEORGE WATTS. Q. Did you ever know a person named Holmes? A. No, I do not know such a person—the prisoner said Holmes Came at half-past nine in the morning—the secretary comes at ten.
JONATHAN WITCHER. I am a policeman. I took the prisoner into custody on the 17th of Dec.—Shackle, who was in company with me, asked him where he got the check which he changed at Mr. Hessell's in Sept. last—he said he received it of Mr. Holmes; that Mr. Holmes came on the morning of the 21st of Sept. in a cab; that he met him on the stairs, and asked him for Mr. Wilde; that he said he was not in, and Mr. Holmes asked him if he could cash a check for him; that he took it to Mr. Hessell's and got cash for it—he said he knew nothing of the gentleman; he had not seen him before, and had not seen him since.
to that box—he was on the premises when the check was there—I do not know a person named Holmes—I did not hear from the prisoner, before be was taken, that he had changed a check, or that Mr. Holmes called at the place.
Cross-examined. Q. Was not this check in a deed-box, of which, accord-ing to your own account, you kept one key and the secretary the other? A. The second key was in the office.
WILLIAM WILDE. I am secretary to the company; I know the prisoner. I had the key of the box in which checks were kept—I remember the day on which this robbery is said to have taken place—the key of the deed-box was not out of my possession—the prisoner did not tell me of Mr. Holmes having called, or that he had got change for a check—I missed the check on the morning of the 17th of sept.—it was known in the house that I had lost it and the prisoner was there—I cannot say whether it was known to him—never made known to me anything about a check.
Cross-examined. Q. Are you quite sure that, when you came that morning, he did not tell you the very first thing that Mr. Holmes had come, and he had changed a check for him? Q. No, I am sure ha did not—I do not know how many provisional direction there are to the company—the committee of management consists, I think, of twenty-two or twenty-four persons—Mr. William Astell is chairman—the prisoner had been in our ser-vice since last Christmas—he had a good character—I recommended him—there are two other companies carrying on business in that house.
JURY. Q. Has there ever been to your knowledge a director or person connected with your establishment of the name of Holmes? A. There was one of the provisional committee—he was a merchant, residing at Liverpool—he ceased to be a member at Christmas, 1845.
JOHN MORGAN PINWELL. I am an attorney, and reside at Tottenham The prisoner was in my service—she was there a very few days previous to The 16th of DEC.—I missed a box containing papers—I could not particularize Them—I had not missed any shoes and stockings, but some were found—I have missed them—the box and the shoes are here—I believe them to be mine.
Cross-examined by MR. BALLANTINE. Q. you found you were under a misapprehension in supposing there were any papers of value in the box! A. Not at all—I am confirmed in the opinion—the box was kept locked, and was in my office—I had the key of it myself—it contained letters, copies of letters and papers that might have been of importance to me—they might have the appearance of old letters—my servant got the box back from the prisoner I believe—I had seen the letters perhaps about three weeks before—they were of great consequences to me, but of no consequence to her.
Cross-examined. Q. Do you know them by any marks? A. I know the shoes—they had been worn—I do know the value of this blanket.
at the kitchen gate—he said he wanted to speak to his cousin, a little girl who was there—she went to him, came in again, and said it was me that was wanted—I went to the back gate, and the prisoner was there with this box—she asked me to take it in—I would not take it till I went in, and mentioned it to my master—he sent me out to take it.
Cross-examined. Q. I believe when you took it in it was locked? A. Yes—the prisoner did not say anything about shoes or blanket.
Prisoner. I did not see any papers in the box.
JOHN MORGAN PINWELL re-examined. I am convinced the box was full of papers when it went, and it came back empty—the prisoner was with us a fortnight—the papers may be of the utmost importance—I do not know how the box was opened—she told me she took it from the passage leading to the office.
GUILTY.— Confined Three Months.
388. MARY ANN SALMON was indicted for stealing 4 shirts, value 6s.; 2 pairs of drawers, 3s. 4 pairs of socks, 5s. 1 jacket, 2s.; 1 sheet, 1s. 6d. 1 printed book, 1s. 1 pair of boots, 1s. 1 bottle, 2d.; 1 3/2 pint of wine, 2s.; and 2 flannel shirts, 2s.; the goods of Leonard Just, to which she pleaded
GUILTY. Aged 18.— Judgment Respited.
ROBERT DARE. I live at Stoke Newington, and am a butcher. The prisoner was in my service—if he received money for me it was his duty to pay it me directly he received it—if he received 1b. 13s. on the 15th of July, 4s. 1d. on the 1st of Aug., and 19s. 11d. on the 30th of Aug., he has not paid them to me.
Prisoner. I paid all I received, sometimes to my mistress, and sometimes to my master. Witness. I can swear he never paid me these sums—whenever he received bills he always paid them to me, and I put my signature to them—he was in the habit of paying my wife trifling sums, but not bills—I swear I did not receive either of those sums.
CHARLES BUTCHER. I deal with Mr. Dare. On the 15th of July I paid the prisoner 1l. 13s. for his master—he ought to have brought me the bill back, but he did not—I rebuked him for it several times—he said he could not get the bill.
Prisoner's Defence. All the money I received I paid in.
GUILTY. Aged 24.— Confined Six Months.
(There was another indictment against the prisoner.)
ELIZABETH STEWART. I am servant to Mr. James Green, a publican, of Islington. On Saturday night, the 19th of Dec., about half-past eleven o'clock, the prisoner came to the kitchen door—I put my beer on the tap-room room hog to warm—the prisoner said, "Some one has drank your beer"—I said I did not care, I could get more—the parlour bell rang—I went, and it was for half a pint of ale—I took it in, and the prisoner went into the
kitchen and took the leg of mutton—he passed me with it under his coat—I spoke to my master and to my mistress—the leg of mutton was my master's.
Cross-examined by MR. PAYNE. Q. You had a leg of mutton in your kitchen? A. Yes—I saw him with it—I had left it in the kitchen—I saw him with something bulky under the tail of his coat—I saw it was a leg of mutton—he had no leg of mutton when he spoke to me about the beer—I did not stop him—I did not know what to do—I went into the kitchen immediately, and found the leg of mutton was gone—no one else had been there who could have taken it—I saw the prisoner go out from the tap-room into the kitchen, and he came out and passed me in the passage—the passage leads into the yard—no one else went through—I stood in the passage—the kitchen door is on the right, and the yard is on the left—the butcher is not here who sold the leg of mutton—it had been there about half an hour—the weight corresponded with the one we lost—my master bought it—I received the bill—the bill is not here—I had not trimmed it or done anything to it—it was just as it came from the butcher's.
Cross-examined. Q. The prisoner did not give you the leg of mutton? A. No, but the landlord of the house, Thomas Chapman, did—I went to No.2, Dean's-court—the prisoner was there—he was down stairs—he was not called down—I told the landlord I came to search the house for a leg of mutton—he said he would bring it me down, and he did.
COURT. Q. Did you ask the prisoner anything about the leg of mutton? A. I did not put any questions to him, but on the road he said he purchased it, and gave 3s. 6d. for it
THOMAS WITHERS (police-constable M 211.) I produced a certificate of the prisoner's former conviction at this Court—(read, Convicted 17th Aug. 1840, and transported for seven years)—I am quite sure the prisoner is the person
Prisoner. I had been out of work five or six weeks, and was in great distress.
GUILTY. Aged 23.— Confined Three Months.
PETER HENDERSON. I am a baker, and live in Pitfield-street. The prisoner was in my service—it was his duty to receive money for me, and to pay it the same day—if he received 1s. 9d. on the 21st of Dec., and 2s. 4d. on the 23rd of Dec., he has not paid either of them to me—it was his duty to have paid me on the day he received them.
Prisoner. I did not received the money either time. Witness. I paid them to him at the door—I have no receipt—he never gave me any—I am quite sure I paid them to him.
GUILTY. Aged 19.— Confined Three Months.
392. EDWARD LOCK Was indicted, for that he, on the 27th of Nov., about four o'clock in the night, being in the dwelling-house of Thomas Martyn, and another feloniously did steal 1 cash-box, value 10s; 60 sovereigns and 60 half-sovereigns, the property of the said Thomas Martyn, andanother; and did feloniously and burglariously break out of the said dwelling-house.
MR. BALLANTINE conducted the Prosecution.
THOMAS MARTYN. I am a linen-draper, and live at Nos. 210, 211, and 212, Whitechapel-road—my brother is my partner. The prisoner was in our service as a porter—he came some time in August, and he was discharged on the 7th of Nov.—I did not see him again till he was taken into custody, but he had been on our premises—on the evening of the 27th of Nov. I was the last person up—I bolted and locked all the doors before I went to bed—on the following morning I came down stairs at half-past seven o'clock—I found the street-door opened, and stuck to, with a piece of shoemaker's wax only—the box of the lock was taken off the street-door, and the box-lock as well as the patent padlock, broken off the inner shop-door—there were a good many things broken, which a screw-driver would have done—from the appearance of the outer door, the person had broken out—a person who was well acquainted with the premises could very easily have got on the premises and concealed himself—when I went into the shop I found that the till of the cashier's desk had been broken open—that was where the cash was always kept, which was known quite well to the prisoner—the slide that the till slides on was broken down with violence, so that the till was taken down—the slide appeared to have been taken out with a screw-driver and a chisel, and a hammer had been used—there were two marks of a hammer—about 2l.10s. in small change was taken from the cashier's till—I found a square of glass had been broken from the counting-house door—there is a desk in the counting-house—the bottom of the desk was cut out, and the cash-box taken from the desk—the cash-box contained from ninety to ninety-five sovereigns, and from 200l. to 250l. in I O U's, which I O U's were found in the cellar afterwards—I went into the cellar, and found a pepper-box, which had been used as a dark-lantern—this is it—I found this screw-driver, which I know, it belonged to our firm—I have known the prisoner to use it several times—he used it only two or three days before he left—I know it was missing after he left, and it was sought for all over the premises, and not found—I did not seek for it myself, I gave orders for it to be sought for—the porters sought for it—it appeared that an instrument had been used to break the window of the counting-house, and the marks correspond with the point of this screw-driver—I and the policeman tried it—I have seen this penknife in the prisoner's possession before he left the firm—I have not the least doubt about this being the knife I have seen in his possession—on one occasion he lent it to me—I had it in my possession, using it for a few minutes—I have looked at the blade of it, I know it perfectly—no other places were broken open but the desk in the counting-house, and the cashier's desk—other places might have been broken, but not which contained money—those are the only places which a person acquainted with the premises would have broken to find money—the person happened to hit on the only two places where money was.
WILLIAM POTIER. I am porter to Mr. Martyn. I recollect this robbery being committed—I found this cash-box which has been broken open, in the water-butt a day or two afterwards—I found this pen-knife in the cellar where this screw-driver and lantern were found—I was present when the lantern was picked up—the screw-driver was picked up before I got there—I found the knife with the blade open, two or three days afterwards—it might have been covered with dirt—I recollect a screw-driver being missed, and I searched for it by my master's direction—I sought for it in the same corner of the cellar in which it was found, and am quite certain it was not there.
Cross-examined by MR. DOANE Q How soon afterwards did you find this cash-box in the water-butt? A On the Monday—the robbery was on the Friday night or Saturday morning—I had not looked in the water-but before Monday.
ROBERT GIFFORD (police-constable II 89.) I received information of this robbery on the 28th of Nov., and went to the prisoner's sister's house in Vine-court, Whitechapel-road—a woman opened the door—I followed her up stairs, and found the prisoner sitting on a chair by the side of the fire—I told him I wanted to speak to him privately, if he would leave the house—he did so, and we went about fifty or sixty yards—I then said, "You are my prisoner for robbing Mr. Martyn"—I did not say of what—he said, "I am innocent, I can bring witnesses to prove I was at home and in bed in Printing-house Square at half-past eleven o'clock on the night in question"—I saw Bray find two keys on the prisoner—he said that they belonged to two boxes which were in his sister's room—I found the boxes, and Bray opened them.
JOSEPH BRAY (police-constable 43.) On the 28th Nov. I went to the prisoner's sister's room—I searched the boxes—one of them contained some clothes, three files, a bradawl, a knife and fork—these are them—I found this hammer on a shelf, and mask in a hat, in a hat-box in the same room—I went to Mr. Martyn's premises—he handed to me the piece of wood which had formed the side of the till—this is the piece of wood—here are marks of a hammer on it, which correspond with this hammer—here is a pepper-box which was used for a dark lantern—it has holes in it—this round file exactly fits the holes at the top and bottom of it, and this other hole had been opened apparently by this half-round file—they exactly correspond.
Cross-examined. Q. Two of the files fit these holes, do they? A. Yes—I have not tried the third file—there is no impression at all like that—these files were found in the prisoner's box, in the sister's house—the keys were taken from the prisoner—he told me where I should find the boxes, and said they were his.
CHABLES JAMES MORGAN. I am employed at the Times newspaper office, and live at No.6, Printing-house-lane—the prisoner came to lodge in the same house, on Sunday, 22nd Nov.—I remember the morning of the 28th Nov. perfectly well—I heard a knock at the door that morning, as near six o'clock as possible—I opened the door, and let the prisoner in—he had no means of getting in without knocking, unless he possessed a key, which, to the best of our knowledge, he had not—I was at home the whole of the preceding evening from seven o'clock—the prisoner could not have gone out or come in during the time I was at home.
Cross-examined. Q. Were you up all night, and awake? A. I was—I am engaged in the Times-office, and in my own house as well—on that night I was in my own business at home—I occupy the front parlour with my business—I occupy two floors in the house—I think there are four lodgen in the besides the landlord, but he sometimes has lodgers that I don't know of for a day or two—if a knock comes at the door, it is my business to open it—I am door-keeper of a night—when anybody else is at hand they open it—my wife and my servant open it occasionally—I don't know what time the other lodgers came home that night—I did not open the door to any of them—only to the prisoner—I don't know who let the others in.
THOMAS TIPPER. I keep the house, No. 6, Printing-house-lane—the prisoner took a lodging there on the 22nd Nov.—I remember Friday night, the 27th Nov., perfectly well—I went to bed about eleven o'clock, or half-past eleven—the prisoner was not at home—his room joins my bed-room—I went into his room, and he was not come in—he had no key—it was impossible
he could have got in without knocking—on the following evening, Saturday, 28th Nov., he came in in a hurried manner, about seven o'clock, and said, "I have been in trouble—I have been taken up with some others—I had to give an account of myself, where I lived, and where I slept last night—if you will say I was at home and in bed at half-past eleven, it will clear me, and I shall go back and make it all right"—I asked him what trouble he had been in—he said something had been taken away from his last employers.
Cross-examined. Q. What are you? A. A waiter, at different taverns and hotels—I was last employed at Mr. Lovegrove's, on Ludgate-hill—I have waited there for years—I have not waited on anybody since I waited on Mr. Lovegrove—it is several weeks since I waited on him—I have no occasion to be out of employ—my wife is a laundress, and we keep a mangle—I turn the mangle, and have plenty of work at home without going out waiting.
Q. Do you remember passing two months in a large-sized house at Brixton? A. I might have been—I swear that the prisoner wanted me to say he was at home at half-past eleven o'clock at night to clear him, and he said "I shall go back and make it all right" after he got my sanction, as he thought—I consider he fancied he had got my sanction—I led him to fancy that.
MR. BALLANTINE. Q. What were you in the Brixton House of Correction for? A. A very trifling thing—a little bit of poultry, I think it was—a little bit of loose victuals where I was waiting—it was a summary conviction; I think it was for a little bit or two of fowl and a bit of duck—it was from Mr. Lovegrove's; but I am in his service still, and have been ever since—I have no anger or malice against the prisoner—I never saw him before he came to lodge with me.
COURT. Q. Had you said anything to anybody that would enable the prisoner to hear of the charge against him? A. No, I had not—I had not been from Denmark-street station-house more than half-an-hour before I took him.
THOMAS MARTYN re-examined. This cash-box is my property—I have looked at the marks on this piece of wood, which is the slide of the cashier's till—I should say this hammer corresponds with the marks on this piece of wood—I have seen the holes in this pepper-box—two of them precisely correspond with these files—my house is in the parish of St. Mary, Whitechapel—I came down that morning between seven and half-past seven o'clock.
Cross-examined. Q. What time do you say you shut up? A. From eleven till half-past eleven—it was after eleven, certainly—I can swear it was as late as a quarter past eleven—it was very near that time—the shop commences closing about half-past eight, and it is closed by half-past nine, or it may be later—nobody can get in after the shop is shut up, except through the private door—it takes some time to shut up—I cannot say at what time it was closed on that Friday night—it is later on Friday nights than on other nights, generally, I may say always so—I have no precise recollecttion of the time on that night. MR. DOANE called
HENRY LEVEREDGE. I live at No.8, Ely-place, King Edward-street, Mile-end New Town—I am a clothier. I know the prisoner perfectly well—I remember the Friday night on which this robbery took place—the prisoner Was in my place that night till half-past nine o'clock—my wife and a young man were there—the prisoner was in my employ—he had an unexceptionable character.
MR. BALLANTINE. Q. How far is your place from No.210, Whitechapel-road? A. I could walk it in less than five minutes.
MARY LEVEREDGE. I remember the night of the Friday when this robbery occurred at the prosecutor's—I saw the prisoner in my house that night—he was there the whole of the day till after half-past nine at night.
MR. BALLANTINE. Q. What is your husband? A. A clothier—the prisoner was in his employ.
HENRY WARNER. I am a clothier in the service of Mr. Loveredge—I was at his house that Friday evening—the prisoner was there—I left him there when I left at half-past nine o'clock—I found him there as usual the next day when I got there, about nine o'clock.
(Mr. Swinstead, a straw-bonnet manufacturer on Ludgate-hill, and Ann Donner, at whose house the prisoner had lodged, gave him a good character.)
GUILTY.—Aged 23.— Transported for Ten Years.
GUILTY. Aged 17.— Confined Three Months.
395. JAMES MORTIMER was indicted for emdezzling 4s., which he received on account of account of his master, John Saunders; also for stealing on the 21st of Nov., 9lbs. of butter, value 7s. 6d; and on the 27th of Nov., 13lbs. of butter, value 10s. 10d.; the goods of John saunders, his master; to all which he pleaded
GUILTY. Aged 18.— Confined Six Months.
*GUILTY. Aged 20.— Confined One Year.
GUILTY. Aged 54.— Confined Three Months.
JOSEPH BAKER. I am a pawnbroker, and live in Stanhope-street, Claremarket The prisoner was in my employ—I received information that led me to inquire whether I had lost a coat, waistcoat, and handkerchief—I went to the prisoner's father's house—I found the coat in the room, the waistcoat on the prisoner, and the handkerchief in his hat—he said he taken them to wear, but meant to return them.
Cross-examined by MR. PAYNE. Q. This was on the Christmas-day, was it not? A. Yes—we did no business on that day—it was a holiday—the Magistrate admitted the prisoner to bail—he had only been with me a week—I Have got the articles back.
CATHARINE CLARK. I am the wife of Robert Clark; we live at No. 1, Henrietta-street, Manchester-square—the prisoner was in my service for some months—I lost a sovereign and some other things—I searched the prisoner's box and found three handkerchiefs containing tea, sugar, and flour—I know the handkerchiefs—one of them is marked—I believe the tea and sugar are mine—I have missed such articles.
JOHN CATLING (police-constable, D 33.) I took the prisoner and charged her with this robbery—she said she knew nothing at all about it—the female searcher found some tea and some money in her bosom, and some soap.
Prisoner. I had 5s. 7d, for Christmas-boxes; if I had had anything wrong, I would not have left my box unlocked by my bedside; these are three little plain handkerchiefs, and have no marks on them.
CATHARINE CLARK re-examined. One of these handkerchiefs has got a small darn in it—it is a handkerchief that was given to me—another has two small holes, not darned—I am able to swear to the handkerchiefs.
GUILTY. Aged 22.— Confined Four Months.
MR. PAYNE conducted the Prosecution.
THOMAS GILKES. I am landlord of the Red Lion public-house, in Red Lion-street, Spitalfields. The prisoner was my potman for about eleven months—in consequence of something that was said to me, and what I observed, I sent the prisoner up stairs on the morning of the 29th of Dec.—I followed him up—I went into a room and concealed myself under a bed—I had found a bottle concealed under the sofa about five minutes previously—it contained half a bottle of rum, the same as I had in my stock—the prisoner came into the room and placed a bottle-back under the sofa, and went down stairs—when he left the room I got out and book up the bottle—it was the same I had seen before, but it was then empty—I went down stairs to the long room, and showed the prisoner the bottle—I said, "I have found you out at last"—he said, "I know I have done wrong; I have only had two half-bottles since the time you accused me of taking the brandy; here is the key of the cellar"—he went down and showed me how he opened the cellar, and said he had had the key ever since he had had the brandy, which is sixs months ago.
JEROME GALLAVAN (police-constable H 73.) The prisoner was given into my custody—I told him I should search him—he said, "Here is the key"—he went down and showed me how he opened the door, and said he took the two half-bottles of rum from the cellar.
Prisoner. I don't know exactly what I did say; I was never accused of such a thing before; I hope you will show mercy to me.
GUILTY. Aged 22.— Confined Four Months.
(There was another indictment against the prisoner.)
CHARLES HATTON (police constable, G 203.) About half-past one o'clock on the morning of the 27th of Dec., I was on duty in Field-lane—the prisoner and seven or eight other men were there—there was a scuffle with them, and I wished them to go away, as it was Sunday morning, and not make a noise there—the prisoner seized me, pulled me into a dark passage, and another knocked me down and beat me in a very unmerciful manner—they kicked me and trod on me, and* * *—I begged them not to murder
me—I could not spring my rattle, but I called "Police!"—a City police-constable turned his light into the passage—I was beaten nearly blind, and was nearly exhausted—I have not been on duty since—I am under the doctor's hands.
Prisoner. Q. Was it the country part or the City part I was in first? A. In the Country part.
THOMAS CROCKER (City police-constable, No. 259.)I was on duty in Field-lane, and heard Hatton cry out—I turned my light on—I saw the prisoner, and Hatton had hold of him—Hatton's face was covered with blood, His lips were cut and his eyes were swollen—I took the prisoner in charge and brought him into the lane, and Hatton went after the other man, who escaped the back way.
(The prisoner received a good character.)
GUILTY.* Aged 28.— Confined Eighteen Months.
OLD COURT.—Thursday, January 4th, 1847.
Fourth Jury, before Edward Bullock, Esq.
402. RICHARD KEYS was indicted for stealing 1 boa, value 14l.; and 1 cap, 5s.; the goods of Sarah Wilcke.—OtherCOUNTS, stating them to belong to different parties, —also, for stealing 15 bunches of artificial flowers, 10s.; 130 Yards of fringe, 4l.; 60 yards of ribbon, 11.10s.; 5 aprons, 41.; 4 scarves, 1l. 2s.; 4 stocks, 4s.; 14 yards of tulle, 17s.; 1 victorine, 2s.; 9 handkerchiefs, 15s.; 2 yards of mouselin de laine, 1s.; 2 frock bodies, 4s.; 4 collars, 1s. 6d.; 1 veil, 5s.; 4 caps, 3s.: 1 pair of sleeves, 1s.; 30 yards of lace, 15s.; 2 collars, 2s.; 2 ornaments, 2s.; 2 girdles, 1s.; 44 yards of silk, 41.; 2 yards of velvet, 11.14s.; 1 cloak, 51.; 1 table-cover, 5s.; 6 yards of cambric, 2s.; 6 yards of cloth, 9s.; 20 yards of chintz, 5s.; 1 set of bed furniture, 5s.; 5 yards of carpet, 10s.; 2 spittoons, 3s.; 1 pair of scales, 11.; and 4 weights, 5s.; the goods of Sarah Wilcke, in her dwelling-house.—OtherCOUNTS, stating them to belong to different parties; to all which he pleaded.
GUILTY , and received a good character.) Aged 21.— Confined Eighteen Months.
403. CHARLES WILSON was indicted for feloniously attempting to discharge a pistol, loaded with gunpowder and shot, at James Mansell, with intent to do him grievous bodily harm.—2nd COUNT with intent to prevent his lawful apprehension.
MR. CLARKSON conducted the prosecution.
JAMES MANSELL. I am one of the farm servants of Colonel Wood, of Littleton. About seven o'clock last Sunday evening I was sitting in my cottage, and heard the report of a gun towards APSLEY COPSE,
where I live—I went towards the Colonel's Pheasant cover, with Field and his son—I saw the footsteps of two persons—the snow was on the ground—I traced them into the cover, and found the prisoner and another person there—the prisoner had & horse-pistol, and the other a short gun—they ran away, and we pursued them both—I was near enough to the prisoner to hit him with my stick—I was within a yard or two of him—he then said, "Shoot the b—r," or "b—rs"—I was about to take him into custody—he turned round and snicked the pistol
at me—he was the length of my walking-stick from me—I heard the pistol stick—I saw a large flash of fire—it did not go off—he then dropped it, and I took him into custody—I did not see any dead pheasants in the cover.
Prisoner. I never pointed the pistol at you. Witness. You did.
CHARLES FIELD. My father is keeper to Colonel Wood, at Littleton. I was with Mansell and my father last Sunday evening, at Apsley Copse, and joined in pursuit of the two men—I saw Mansell come up to the prisoner, who turned round and snicked his pistol at him—he was within three or four yards of him—I saw a flash come from the pistol—he ran a little way and then chucked the pistol down—I saw it picked up—this produced is it.
ROBERT GRAHAM M'INTYRE. I am serjeant of the Sunbury police. About ten o'clock last Sunday evening, on my return from my rounds I met Mansell on the road to the station with the prisoner—this pistol was afterwards brought to me—I examined it—it was loaded with a full charge of powder—the which I drew out—I found a piece of paper in the pan and some powder—the pan was up and the cock down—it was produced at the station, and the prisoner said that was the pistol he had dropped—I examined it about three quarters of an hour after it was found—I did not see it found—if three was no stray powder about the pan, I suppose the paper in the pan would have prevented it going off—the flint might have gone through the paper.
MR. CLARKSON. Q. Is it not customary to put the paper over the powder, to keep it dry? A. I believe it is.
JAMES MANSELL re-examined. The paper is put in in bad weather to keep the powder dry—this pistol would be likely to kill pheasants on low boughs—they roost on low boughs—if the paper is in the pan, the pistol will not go off.
Prisoner's Defence. The flash never went off; I never pointed it at him at all.
GUILTY of an Assault. Aged 27.— Confined Twelve Months.
Before Mr. Justice Erle.
GUILTY : Aged 36.— Transported for Life.
Before Mr. Justice Maule.
405. ALLEN WEALE was indicted for burglariously breaking and entering the dwelling-house of Henry Cooke, about ten o'clock in the night of the 2nd of Jan., at St. Marylebone, and stealing 96 cigars, value 8s. his goods.
MR. BODKIN conducted the Prosecution.
HENRY COX. I am in the employ of Henry James Ditman, a licensed victualler, of Mortimer-street, Cavendish-square. On Saturday night last, about ten o'clock, I was near my master's door, and saw the prisoner drawing a bundle of cigars from a broken square of glass in Mr. Henry Cooke's shopwindow, in the parish of St. Marylebone, immediately opposite my master's—I crossed over, and stopped the prisoner with the cigars—he immediately dropped them—I took him back to the shop, and he was given in charge.
COURT. Q. Was the window glazed? A. Yes, but the glass was broken by some one else, before I saw the prisoner there.
Prisoner. I was passing by; a boy asked me to take the cigars out; I saw the window was broken; he said if I did not take them he would kill me, or something; when I did it he ran away. Witness I had been standing at the door about ten minutes—I did not see the prisoner come up—I had seen two boys a few minutes before, but cannot say whether the prisoner was one of
them—I did not hear the glass break—I was near enough to hear it if it had been broken then.
HENRY COOKE. I am a tobacconist, and live in Mortimer-street, Cavendish-square. About ten o' clock last Saturday night I was in my parlour behind the shop—a communication was made to me—I examined my shopwindow, found the glass was broken, and a bundle of cigars was gone—I went out, and picked them up on the pavement—they are my cigars, and are worth about 8s.—the prisoner was then in Cox's custody—I had been to my shopwindow not two minutes before, to serve a customer from the window—I was not above eighteen inches from the glass, and can positively say it was whole three minutes before—it is a corner window—there are ninety-six cigars—they are tied in bundles of 100.
COURT. Q. Had you left the shop? A. I went to the parlour to have my supper—I could not hear the glass break, as cabs often pass—I cannot recollect whether any cab went by at the time—I know nothing of the prisoner—the same glass has been cut once or twice before, once about three weeks before, but I happened to be near, and two boys looked me in the face and ran away—the glass was looked as if it had been cut at that time—at this time part of the pane was drawn out—they put some adhesive substance against it and draw it out—it was not cut at all—it is a corner pane—no glass fell, it was all clean gone.
Prisoner. I will never come again if you will let me off this time.
GUILTY of Larceny. Aged 11.— Judgment Respited.
Before Mr. Justice Erle.
MR. DOANE conducted the Prosecution.
(The Prosecutor stated his name to be Anstey, and not Antsey.)
Before Mr. Justice Maule.
MR. DOANE conducted the Prosecution.
EDWARD FRANCIS WOOD. My father's name is Edward—I am his foreman, and live with him, in Goswell-street. On the 24th of Dec. my father's horses were safe—next morning, Christmas-day, I missed a bay gelding—in consequence of information, I went to Mr. Geddings's slaughter-house, in Queen-street, and found the horse there alive—the prisoner had worked for my father a short time—he knew the premises.
WILLIAM NEWMAN. I am foreman to Mr. Gedding, a horse-slaughterer. On Christmas-day, a little after seven o'clock in the morning, the prisoner came to my master's—he brought a horse, and said he had brought his horse for sale—I did not know him before—he said he came from Lant-street, Borough, at the back of Brooks's—he told me the horse was worn out, and that it had fallen down the day before with a load of bricks, and could not do his work, and that it was a bad job he was obliged to sell it—I asked what he thought it was worth—he said 35s.—I gave him 27s. 6d., and half-a-crown for himself—it was a bay gelding, and is the one which has been identified by Wood.
GUILTY.† Aged 22.— Transported for Seven Years.
Before Mr. Justice Erle.
MR. BODKIN conducted the Prosecution.
JAMES KIRTON. I am a corn-chandler, and live in Charles-street, Middlesex Hospital. I am a customer of Giles and Co.—on the 11th of Dec. I owed them 56l.6s, which I paid to the prisoner, in notes and gold, on the 11th of Dec.—I had known him as a Giles's clerk some years.
HENRY ASTE. I am a corn-chandler, and live in Tottenham Court-road. I deal with Mr. Giles—on the 5th of Oct. I purchased to the amount of 626l. 11s. 4d., which became due tow months after, on the 5th of Dec.—I paid it to the prisoner on the 4th of Dec., being market-day—on the 7th of Oct. I purchased to the amount of 718l.11s.10d. of Mr. Giles, which became due on the 7th of Dec.—I paid that to the prisoner on the 7th of Dec., by this check.
FREDERICK KERCHEVALL. I am chief clerk to Mr. James Sharpe Giles—he has no partner. The prisoner has been in his employ about eight years—he was a clerk under me—it was part of his duty to collect money from customers—this is what we call our long-book, used at market, containing the original entries of what sales are made on the particular dates—I find on the 5th of Oct. a sale to Aste, 626l.11s.4d., and on the 7th of Oct., 718l.11s.10d.—those sums became payable at two months after the sales—it was the prisoner's duty to collect them—he kept the book produced for that purpose—it is his collecting-book—it is his duty to make it out from the market-book—to copy it from the market-book—here is no entry in the collecting-book, on the 5th of Oct., of Mr. Aste's transaction—his name is not mentioned—on the 12th he has an entry, 626l. 11s. 4d., as if the sale took place on that day—there is no entry whatever on the 7th—there is no entry of the 718l. odd on the 7th, and that is not in the book at all—here is another book, which we call the market cash-book, containing the various sums received from the different buyers on the different dates stated, togehter with the transactions to which it refers—whoever received money at market would give it to the prisoner, and before he went to the banker's, in the afternoon, he would enter the various sums, which is done by putting the checks on the City banker's in an alphabetical list, first casting them up, and then entering the amounts, making the exact amount received—it was his duty to enter all sums he received on account of Mr. Giles—the other clerks who received would enter in this book, and give the money to the prisoner—there are several handwritings in it—the prisoner would see that he had the money, and write on the opposite page the different kinds of money of which it was composed, checks, notes, or cash—he ought to enter on the credit side of the book the sum paid into the banker's—I find no entry of 56l. 6s. 6s. from Kirton, neither the name nor amount—the entries of the day, except two, are in the prisoner's writing—the discharge on the other side is his writing—he paid into the bank that day 1, 508l. 14s. 3d.—here is another amount afterwards of 45l. received from James Ford, after making up the cash for the day, and it was paid into the banker's—Kirton's name does not appear, nor does any corresponding amount of 56l. 6s. appear to have been received in any way whatever—I find no entry in the cash account, on the 4th Dec., on the side where he enters what he has received, of the amount of 626l. from Mr. Aste, neither the amount nor name—on the discharge side I find an entry of a check on Spooner's of 599l.17s.6d.—that indicates that he has carried to Smith and Payen's a check on Spooner's for that amount—I find no entry in the cash account of the 7th of Dec. of 718l.11s.10d. received from Aste, neither name
nor amount, nor on the 8th—on the 9th Henry Aste is credited for 626l. 11s. 4d., relating to the transaction of the 12th of Oct.; and on the discharge side there is a check on Barclay's for 626l. 11s. 4d.
Cross-examined by MR. BALLANTINE. Q. These dealings are extremely large, are they not? A. Yes—9, 000l., or 10, 000l., passed through his hands from the 30th of Nov. till he was given into custody, on the 12th of Dec.—very likely from 20, 000l., to 30, 000l., a month passed through his hands—the names of all the persons described as paying money on the 11th of Dec. are entered—this 45l., odd is in the prisoner's writing—I should say it was made immediately after he balanced his cash, before he went to the banker's, because he paid it in—I have gone as far back into the books as business would allow, and have no doubt these sums have been taken latterly to cover other sums originally taken—the prisoner admitted that to me himself, and there is no doubt of it from the books—we distinguish in the books the account of checks and money—we should put coutt's checks under a line, to keep them from those bankers who clear, and then the checks on bankers who do not clear—he paid into the bank 225l. in bank notes, and 66l.10s. in money, on the 11th—there is no item on the debit side applying to 225l., or 66l., because many customers pay partly by check and partly by money—it does not appear what sums are paid by cash—we have no means of telling with certainty, but I myself know who the different parties' bankers are.
ARTHUR PUGH I am clerk to Messers. Smith and payne—the prosecutors keep cash with us—here is the book in which the particular payments made to our house are first entered—the prisoner was in the habit of paying money on Giles's account daily—he usually brought a list of the checks on a slip of paper, and I detach the portion containing the clearing lists, and enter the other checks from his paper—on the 4th of Dec. he paid in, on Giles's account, 2, 619l., 18s., and 49l.10s. a check on Young's—I pasted in my book the list he brought—here is a check on Barclay for 526l. 17s. 6d.—on the 9th he paid in 2, 532l., 12s. 5d.—that consisted of a check on Barclay's for 718l. 11s. 6d. among others—there was no check paid on that day, on Barclay's for 626l.11s. 4d.
GUILTY. Aged 38.— Transported for Ten Years.
(The prosecutors stated the prisoner's defalcation to be from 1, 200l. to 1, 400l.—There was another indictment against the prisoner.)
NEW COURT.—Thursday, Jan. 7th, 1847.
Sixth Jury, before Mr. Recorder.
GUILTY. Aged 20.— Confined One Month
(The prisoner's father promised to provide for him in future.)
GUILTY. Aged, 19.— Confined Six Months.
411. THOMAS WILLIAMS was indicted for stealing 1 pair of boots, value 5s. the goods of Edwards Hobbs, his master: also for obtaining 2 sovereigns, by false pretences: also for obtaining I sovereign, by false pretences; and that he had been before convicted of felony; to all which he pleaded
GUILTY. Aged 17.— transported for seven years
THOMAS PHILPOT. I am managing clerk to Mr. Charles Blake, a solicitor—I was at the Master's-office, in the Queen's Bench, on Saturday the 12th of Dec.—it was from half-past two till three o'clock—I had a lawyer's blue bag with me containing a number of papers in various actions—I left my bag in the outer-office—I had occasion to go into the inner-office, and I found the prisoner there begging of the Master's clerk, who gave him, I think, a sixpence, and he left the office—I came out into the outer-office, and the Master's clerk came with me—I missed my bag—I turned to the Master's clerk and said I had left my bag there not half a minute ago—I went after the prisoner, and overtook him in Fetter-lane, with my bag—I seized him by the collar, and accused him of stealing my bag—he muttered somethings, that he should have taken it home, and then afterwards he said he was a lawyer's clerk out of a situation, and he was requested to fetch it by a friend, who told him he would leave it there for him—I kept him in custody till a policeman came, and I handed him over to him—I think there were 110 sheets of paper in the bag, (I counted them at Guildhall) and a number of small papers, such as summonses, and other things-they were papers the loss of which would have created extreme inconvenience in the office-we do not know the inconvenience it might have occasioned—it. Was not unlikely a reward might have been offered for finding them—they were not of any value except to our house as attorneys.
Prisoner. You deposed before the Magistrate that I had brought you home some papers about three months ago. Witness. Yes, I did—I gave you 1s. for it—it was a paper I lost very mysteriously in the same way—I was using an affidavit at the Judge's-chambers, I laid it down while I wrote the jurat, and on looking round it was gone—it was one affidavit—the prisoner seemed to understand the paper—I laid down my bag and was not absent more than half a minute—I was not absent two or three minutes—from the time I saw the prisoner till the policeman came it might be about two minutes.
Q. Did I not state I was sent by a person who I Knew; that I met him, and asked if he had seen a Mr. Bissett, and he said he gone into the master's-office, and had a bag with him? A. On the second occasion you did—you stated the same to the policeman, and at the station—you did not state, that, not seeing him, you concluded he had gone away and left his bag behind him—I recollect perfectly well the whole conversation—you stated you were a respectable lawyers's clerk out of a situation, and I think I made the observation, that if you were a respectable lawyer's clerk, you were not a respectable clerk to a lawyers—you did state you would have taken the bag home, but you was not in the right road to our office.
COURT.. Q. What time does the Queen's Bench-office close? A. At three in the vacation—this was in the vacation—it was just before three o'clock—I did not recognize the prisoner, when he was begging for charity, as the person who had brought me the affidavit before, and to whom I gave a shilling—the
Master's-office was about closing—it was nearly three o'clock—I had been there from two to three.
Prisoner Q. There was no one in the outer office? A. No. I think not—we go into the outer office to add up the bills after taxing them, and then take them into the master, to get the allocatur—We frequently leave our bags in the outer office—I had been taxing from two o'clock till that time—the office is all public—the master's-office is approached, as you would Guildball, by folding-doors—as you go in from the Temple the master's-office is on the right side—on the left is a small office to sign judgements, and the next door on the left is the office I had gone into, where the Master's clerk sits, and in the centre is the place of business for the clerks. Court. Q. When the office is closed are these folding-doors left on the swing? A. by no means; they are locked up, and papers found ought to be returned to the Master's clerk—the office opens at eleven in the morning, but this being Saturday it would not open till Monday morning—the Master's clerk came into the outer office with me—I had laid my bag on the desk, with the papers out, to add up a long bill of costs—I put my papers into the bags again, and went in to fetch the Master's clerk out, to get an allocatur from the Master.
Prisoner. I excepted that the gentleman that the bag belonged to was gone; I took it by mistake, thinking it belonged to the person I knew; if you had happened to have had an execution in that bag would you not have thought it kind in me to have brought the bag to you; you could not have sent an execution into the country that night? Witness. I should not have had time to have issued an execution till Monday morning, if the bag had not been taken at all—it was usual to leave my bag where I did leave it—if I had gone to another office I should have taken it with me, but this was in the same office—I had to open the doors to go from one office to another—the papers are the property of Mr. Charles Blake—the firm is Bridges and Blake, but Mr. Bridges died in Sept.—these papers have the names of Bridges and Blake on the outside, but inside it is the name of Charles Blake—they are in the bag now—there were one or two which the inspector at the station allowed me to take, which you are not charged with—I have not had possession of them at all since I gave you into custody—after the time I made the charge I took nothing out—this is the bag and papers.
. HENRY JOHN TEAGUE (City police-constable, No. 93.) The prisoners was given in charge to me by Mr. Philpot for stealing the bag and papers—the prisoners said it was not likely he intended to steal the bag; he was sent by a friend to the Master'sp-office for a bag, and he took this in mistake—I said, "Very likely you will be able to produce that friend"—on the Monday he said, it being near the time of the office closing, he took the bag with the intention of reading the papers and restoring them to the owners—I found on him a begging petition with some names on it.
Prisoner. Q. Were no the words I said, that I was sent by a person that I met to the Master's-office, who told me that I should see a person there who had his bag with him? A. No—I have repeated the words as you said them.
(The prisoner, in a long address, started that he had taken the bag by mistake, thinking it belonged to a Mr. Bissett, intending to restore it o the owner, which he had done before, and been rewarded for it.)
(The prisoner received a good character.)
GUILTY.— Confined One Year.
413. JOHN SPURGEON was again indicted for unlawfully stealing 3 affidavits, and 4 original documents called articles of clerkship to attorneys-at-law, belonging to the Court of Queen's Bench, Westminster.
MR. BALLANTINE conducted the prosecution.
ROBERT LEWIS GAWTRY. I am a linendraper, and live at No. 3, Lowndes-terrace, Kinghtsbridge; I have one partner; the prisoner was in our employ for our years. On the 11th of Dec. I marked some half-crowns—this is one of them.
COURT. Q. Have you any knowledge of the amount of money lost? A. I have not—I knew that money was missing; I did not know how—I cannot say to what amount—somtimes the money was short—in our business we cannot expect to get it to a nicety.
HORACE CHARLES HUTCHINSON. I am in the prosecutor's service. On the 11th of Dec. I marked some money in the morning, and put it out in the afternoon—the prisoner came to me about eight o' clock, and asked me to give him a sovereign for 20s.—I gave him a half-sovereign for 10s., and among them was this half-crown, which is one I had marked.
Cross-examined by MR. CLARKSON. Q. You put some silver on the desk, with a view to ascertain if it would be taken? A. Yes.
COURT. Q. To what amount have you lost money? A. It was very often short—I have been called to account for a special deficiency—I have not had to make it up—10s. or 20s. was sometimes deficient—the prisoner very often proposed to change silver for gold—I should think about twice a-week—he had 50l. a-year wages, and boarded and lodged in the house—he had to give change to customers, as he had it from me.
(The prisoner received a good character.)
GUILTY Aged 42.— Confined One Month, solitary.
415. ELIZABETH DUDWICH was indicated for stealing 1 shawl, value 8s. 1 bonnet, 2s. the goods of Emma Penley: and 1 tippet, 2s. and 1 pair of cuffs, 2s.the goods of Emma Penley and another, her mistresses.
EMMA PENLEY. I am single, and live with my sister, in Wellington-place ours—the shawl and bonnet were mine—there was a bundle which contained all these articles in the room in which the prisoner worked—the bundle was missed—the tippet was afterwards seen on the person of Catherine Clark—it had been altered, but I knew it again by the lining and by the particular quality of the tippet itself—I had cut up a muff of my deceased sister's and made it—it had my work and my sister's on it.
Cross-examined by MR. HORRY Q. It is some time since you missed these articles? A. Yes—I should say three or four months—I have only seen the tippet again—this bundle was left in the room, it was not put away in a closet—we had no other person to work for us—we keep to servant—I should say we missed some of these things about a month after we lost them—as we wanted things we missed them—we did not conceal our loss from any one—when I saw the tippet I knew it—the prisoner's character was undeniable.
CATHERINE CLARK. I am wife of Charles Clark—we live at No.4,
Albany-place, Hornsey-road—I wore the fur tippet which was seen by miss penley—it was lent to me by Ann clark, my husband's mother, to go to Farringdon-street.
ELIZABETH ROBINS. I am the wife of William Robins; we live in Wellington-place—I know this tippet—I gave it to Ann Cark, with the sanction of the prisoner—she is my niece, and lived with me—I had seen her with this tippet for many month—I had sent her to skinner-street, someer's-town for a box of walker's pills for my husband, and when she came back she brought this tippet with her—that was in july—she gave 9d for it at on old rag shop, or old clothes-shop in somers'-town—she did not tell me the street—I do not think she knew the street—she never was there above three times in her life.
JAMES BAILEY (police-constable N 435) I received the prisoner in charge—she said she knew nothing of the tippet, and afterwards said she bought it six month ago, at the top of west-street, somers'-twon—she took me to a shop there—the person in the shop said the shop was shut up six months ago, and after that it was opened for a fish shop, and had not been opened as a rag shop above two month—the Prisoner then said, "I may be mistaken in the shop."
EMMA PENLEY re-examined. I knew this fur and the lining, and every things about this tippet—it was made more than twelve month ago—the moth had eaten the muff, and I cut out the best of it to make this tippet—the lining was the lining of a dress we were making—it was always very shabby—I wore it of a night—it was made straight—a piece has been put into the neck, and a piece taken out of the side—I have no doubt this is the tippet—I should never have come forwards if I had had doubt.
JURY. Q How long was the prisoner in the habit of coming to you? A. About a month, in August and September—these articles were put away as things we did not want till winter.
witnesses for the defence.
WILLIAM ROBINS. I am a carpenter, and live next door but one to Miss Penley—the prisoner has been in my house eight years—I saw her with this tippet, I should think, six month ago, and I have seen it hundreds of times about the house.
JAMES HANDCOCK. I am a coal-merchant. In April last I supplied Mr. Robins with coal, and on the 16th of July, about eleven o'clock in the day, I called for the payment—Mr. Robins paid me, and asked me to take luncheon with him, which I did, knowing the family, and it was said in joke that Emma (the prisoner)was coming out fashionable, she had got a Victorine—I did not know what it meant, but I saw it—whether it was this one or not, I do not know—it was similar to this.
COURT to EMMA PENLEY. Q. Where was your tippet in July? A In a bundle quite at the top of the house—it was brought down about September—I was sorting the different things, and putting the winter articles together—I opened several bundles, and made a bundle of the winter-clothes, in which was this tippet—I am sure I had not lost it in July—I perfectly remember taking it out and shaking it.
JOSEPH DALTON (City police-constable, No. 366.) I was on duty in St. Paul's-churchyard on the 1st of Jan., and saw the prisoners there—I followed them into Cheapside—there was a crowd at a window—I saw Rees attempt to pick several gentlemen's pockets there—I saw him take a handkerchief from Mr. Wheeldon's pocket, and pass it to Webb, who put it under his coat, under his arm—I took them both into custody—Webb took the handkerchief from under his arm, and threw it down on the pavement—another officer picked it up—this is the handkerchief—I told the prosecutor his pocket was picked, and he claimed the handkerchief.
Rees. I was there, but I deny putting my hand into the gentleman's pocket, and taking the handkerchief, such a mean act I never did in my life; I never was in any trouble, nor in a station-house; the first I saw of the handkerchief was when it was on the ground; there was a great number of persons, and the officer seeing it on the ground, might say we took it, but such a mean act I never did in my life. Witness. I have known Rees for several months, and that caused me to follow them—I was in plain clothes—I took them both into custody the moment Rees took the handkerchief and gave it to Webb—I and the other officer were watching them for twenty minutes.
THOMAS WHEELDON. I am a warehouseman, and live in Cheapside. On the 1st of Jan. I was looking in at a window in Cheapside—the officer spoke to me—I put my hand into my pocket, and my handkerchief was gone—this is it.
Webb. Q. Where did you first see it again? A. Lying on the ground.
MICHAEL CANTY (City police constable, No. 471) I saw the prisoners in a crowd before a pastry-cook's shop in Cheapside—I watched them—I was Rees try several persons' pockets, more particularly two ladies, who were standing by—at the moment he tried their pockets they turned and went away—I had moved across the road—I turned my head, and saw a confusion—I crossed again, and took Webb, and Dalton took Rees.
Rees. Q. Why did you not take me when you saw me try the ladies' pockets? A. I knew Dalton, who was in plain clothes, was watching you—I was in uniform, on the beat.
Webb. You did not see me attempt anything of the kind. Witness. I did not—the first I saw of Webb was on the curb, appearing to be looking out for Rees—it was about eight o'clock—I saw them together for a quarter of an hour—when Rees was trying the ladies' pockets, Webb was close behind him.
REES†— GUILTY. Aged 21.— Confined Nine Months.
WEBB— GUILTY. Aged 29.— Confined Six Months.
OLD COURT.—Friday, January 7th, 1847.
First Jury, before Mr. Recorder.
MR. BALLANTINE conducted the Prosecution.
JOHN PULLEY. I live with my father, at No 17, Brill-terrace, Somers-town. I stole two bottles from Mr. Eyre, and sold them to the prisoner, who is a sweet-stuff man, for three halfpence the two—one was blue, and the other white—Bailey was with me when I stole them.
Cross-examined by MR. DOANE. Q. When did you steal them? A. Last Thursday, between five and six o'clock—Bailey and I went into the shop and
took them off the counter—there was no light in the shop—Mr. Eyre was in the shop—I did not tell him I was taking them—I am sure he was there—he knew nothing of it.
WILLIAM BAILEY. I live at No.76, Brill-place. I went into Mr. Eyre's shop, and bought 1d. worth of acid-drops of him—I saw Pulley take two smelling-bottles off the counter—we went together to the prisoner, who keeps a stall in High-street, Camden-town, just across the road, and sells sweet-stuff, and sold them to him—he told us to call again—we called again in about a quarter of an hour, and he gave us three-halfpence for them—one was blue, and the other a white one, in a case—I was taken into custody, and was in the same place with the prisoner—he told us to say they were two dirty white bottles, not worth picking up, and told us if we got them in our hands, to knock them together, and break them—these produced are them.
JANE WHEELER. I live at No.30, Pratt-street, Camden-town—the prisoner lodges there. Last Tuesday morning he brought me these two bottles, and asked me to wash them for him in the course of the day—he did not say how he came by them—I gave them to the policeman.
Cross-examined. Q. Were they dirty? A. Yes.
MR. BALLANTINE. Q. Was the dirt such as they could get by being in a shop? A. I never looked at them—I did not clean them—they are in exactly the same state now.
BENJAMIN MAJOR EYRE. I keep a chemist's shop in High-street, Camden-town. I know both these bottles—one has my private mark on it, and the other I had put scent into—it has a slight scent in it now—the two boys' had Been into my shop several times—I did not see Pulley take the bottles—the first knowledge I had of their being gone, was from the boys' confession—they came in and stole two other things, I caught them, and said "What have you done with the other bottles you stole?"—they said they had sold them to the sweet-stuff man—I sent for a policeman, and after they confessed, I sent for the prisoner—he was asked if he had bought any bottles of the boys—he said he had only bought two dirty white bottles, not sufficiently valuable to have come out of a chemist's shop, and he had given a halfpenny for them—he was asked if he had not bought smelling-bottles of the boys, and strongly denied it—he was asked what he had done with them—he was asked if he could produce the bottles—he said he did not know, perhaps he might—I gave him in charge, went to his lodging, and Wheeler produced the bottles—they are in the state they were in in my shop—the selling price of one is half-a-crown, and the other 1s. 9d.—the trade price is about two-thirds.
Cross-examined. Q. Did not he tell you you would find them with that young woman? A. No, he strongly denied it—he said he gave the woman two white bottles—he told the policeman at the station that the woman had got them, and that led to the discovery.
THOMAS GOODMAN (police-constable S 70.) The prisoner was given into my custody. He told the sergeant on duty at the station, who he had given the bottles to—I went to his lodging and received them from the woman—he said one bottle was in the room—this is Mr. Coombe, the Magistrate's writing, to this deposition—(read—"The prisoner says, 'I don't know nothing of having that green bottle, of these boys—two white bottles I did have of them; I only remember buying bottles once of them; that was one day last week; they told me they had found them.'")
(The prisoner received a good character.)
GUILTY.—strongly recommended to Mercy by the Prosecution and Jury.—
Confined One Month.
MESSRS. CLARKSON and PARNELL conducted the prosecution.
EDMUND HARDING WOOD. I am clerk to Mr. Walter, of No. 42, southampton-buildings, in the parish of St. Andrew, Holborn; I reside in the house, which is mine, but Mr. Walter has an office there. The prisoner was in my service as a sort of clerk and servant to me—I paid him 8s. a week—he writes very indifferently—I know his writing—I have seen him write for the last nine years—on the 22nd of Dec. I had occasion to go to a tabledrawer in my room on the first floor front, and missed 44l., which I kept there—it was a 20l. note, a 10l. note, two 5l. notes and 4l. in sovereigns—36, 050 was the number of the 10l. note—this produced is it—(looking at it)—here is written on the back "James Webb, 17, Geo.—, —berwell"—part of the writing is struck out—I have no doubt it is the prisoner's writing.
Cross-examined by MR. PARRY. Q. You missed the money at one o'clock in the day? A. Yes, the drawer was locked, but it had been unlocked by a key—I had the key in pocket—I found it locked—everything appeared to be very straight, but the money was gone—the drawer contained bills of exchange and other things—I had seen the money safe I think on the Friday or Saturday previous—this was on Tuesday—I put a lease into the drawer on Saturday, but will not swear I saw it then—several persons had access to the room, which was my office—perhaps twenty people as well as me passed through in the way of business between Friday and Tuesday—Mr. Walter frequently comes there—there is only one other clerk; his name is Healey—he lives in the house—there are three other persons in the house—they all have access to my room when I am in there—I have the whole house—I let two floors—the other are my offices—the prisoner has been in my service nine years—during that time he has transacted business as a clerk—I had trusted him with money repeatedly, and always found him honest—I took him out of kindness, being the son of an old friend—on the 22nd of Dec. I believe there was a summons in the cause of "Brown v. Applegate"—I was unwell, and did not get up till one o'clock that day—I dare say I instructed the prisoner the night before to attend to the summons for me—I am informed he did so—I am not quite certain whether I gave him the order—I have received 17s. 6d. rerespecting the cause—I saw him about half-past twelve or just before one o'clock on the 22nd of Dec.—I was getting up at the time—Mr. Walter had business at the Court of Bankruptcy that day—I did not see the prisoner and Mr. Walter into a cab to go to the Bankruptcy court, but I complained of the Prisoner being late, and gave him 2s. to take a cab to go to the Bankruptcy Court—he ran up stairs, as I understand, to my room, got the papers, and went down to go off—I did not see him get into the cab—the bankruptcy case was Brown and another—he returned from the Bankruptcy court and came up stairs by himself—I saw Mr. Walter in the course of the afternoon—I am satisfied that the prisoner went to the Bankruptcy Court and attended on Mr. Walter—I think he returned to my chambers about half-past one—when he came back I immediately said to him, "I have been robbed, you have been my confidential servant nine years, I depend upon you"—the charge was,
made against some other person, and I ordered that person to leave my house immediately—the prisoner said, "It is Mr. Morley, you may depend, had done it," and I would believe the prisoner on his oath at any time—he was taken in charge on suspicion on the evening of the 31st of Dec.—he remained with me as clerk till he was taken—I have known his handwriting nine years—I had a clerk named Shaw in my office for about two years while the prisoner was there, and a very indifferent bad man he was—he was about fifty years of age—I know the writing on the back of the note as the prisoner's.
MR. PARNELL. Q. Had the prisoner at any time the use of the key of the drawer? A. I think I have trusted him with it on one occasion—there was no money in it then—I had not trusted him with it between the Friday and Tuesday—people would not have access to my chambers except I was there—the prisoner and Morley had, and so had Healey and Walter—I know all their writings—they do not bear the slightest resemblance to the writing on the note—I first suspected Morley—the prisoner then said, "No doubt he has, done it," and he was sent away—Shaw left me about a year and a half ago—he has not been in my office since—I do not recollect at what time the summons was returnable—I left it entirely in the prisoner's hands—I first saw him on the 22nd, about half-past twelve or one o'clock—he had just come into the office—he came in hurrying—I said, "What made you so late, Frank? "—I expected he would have called on me in the morning before he attended the summons—I suppose the summons was returnable at ten or eleven o'clock—he went out with Mr. Walter to the Bankruptcy Court, and I believe he came back with him—the money might Have gone on the Friday, Saturday, or Monday previous—I was going to Add 17l.., to it, and missed the rest.
MR. PARRY. Q. Is this the prisoner's writing on both these summonses? A. Yes—this"C. Walter" is his writing.
ISAAC SAMUEL. I am shopman to Mr. Hyam, tailor, of Gracechurch. Street. On the 22nd of Dec., between half-past eleven and half-past twelve o'clock, the prisoner came to my master's shop with two females to purchase a coat, waistcoat, and trowsers—he tendered me a 20l. note—I do not know the number of it—I did not look at it minutely—I gave it to our cashier, Mr. Levy, who gave him 16l. 3s. change, the 1 cothes being 3l. 17s—I saw The prisoner in the act of writing on the back of the note, but did not look at What he wrote—my employer banks at the London Joint-Stock Bank—I have not the least doubt of the prisoner—I picked him out in the open Court at Bow-street before he was apprehended—Pecock, the constable, was present—the constable called on my employer about the note—they came to me, and I said I had received it, and knew I could identify the man who gave it me as I was serving him some time—it was agreed between the constable and me, as he had business with the prosecutor in Bow-street, that I was to go there, and immediately I went into Court I pointed him out to the constable—he was not in custody at the time—he was not pointed out to me at all—the constable did not tell me where to look.
Cross-examined. Q. You knew that a young man, a clerk of Mr. Wood, was suspected of the robbery? A. Yes—the policeman told me so—the prisoner was standing among the general people in the Court—I knew he was to be there—I had not a great deal of conversation with Pecock about it—I was certainly anxious to find out the person—I have been nine months with Mr. Hyam—I am a tailor by trade—I cannot tell you the time the prisoner came within five minutes—it was between half-past eleven and half-past twelve o'clock—I do not think it was half-past twelve o'clock—I
should say he was certainly there at twelve o'clock—as far as my memory goes he might have been there at a quarter after twelve o'clock—he took the clothes away with him himself.
COURT. Q. What had the women to do with the transaction? A. They made me take more particular notice, as he seemed so very dull, and they were so very jocular—he only tried on the waistcoat and coat—I measured him for the trowsers, to see if they would fit him—I should say he was there half an hour, or half an hour and five minutes—supposing he left at a quarter-past twelve, he must have been there from a quarter to twelve—a great many people come into our shop during all parts of the day—this being before Christmas we were more busy than usual—I have my book here, by which I know that I attended to about eighteen customers that day—there are other people in the shop; they were disengaged, and saw the prisoner as well as myself; I do not believe there was another customer in the shop—the women were jocular with me, and I with them—there was a good deal of laughing and joking with them.
MR. PARNELL. Q. They appeared women one might joke with? A. Yes—the prisoner was the only person that day who came with two jocular females—he was the only person who paid me a 20l. note that day—we are not generally busy between half-past eleven and half-past twelve—he was not very particular to please, very quick indeed—he tried the coat on, and I buttoned it for him—I looked at it and saw how it fitted—I have not the slightestd doubt of him—he was not standing by Mr. Walter at the time I picked him out at Bow-street—he was in the body of the Court, and Mr. Walter in the witness-box.
MICHAEL LEVY. I am cashier to Mr. Hyam. On the 22nd of Dec. I received a 20l. note from Samuel—the customer wrote on the back of it—I placed it in the till—I should not know the handwriting again—It would pass in the ordinary course to the clerk the same evening—Mr. Hyam banks at the London Joint-Stock Bank—I saw the person who gave the note, but took no notice of him—I have no recollection of the prisoner.
Cross-examined. Q. How many persons were being served at the time? A. I cannot say—we were busy that day, but not at that time—I cannot say whether I was busy at that time, but think so—I believe there were other persons being served at the time, men as well as women.
Cross-examined. Q. Was any other 20l. note paid in with it? A. No.
COURT. Q. Do you always cancel notes? A. Yes, all of them—we do not re-issue them—it is dated the 5th of Oct., 1846; No. 36050.
WILLIAM POCOCK (police-constable F. 14.) On the 31st of Dec. I took the prisoner in charge—I was present at Bow-street when Samuel identified him—I had not pointed him out to him—I am quite positive nobody pointed him out—I went with him from Mr. Hyam's to Bow-street—the prisoner was standing near Mr. Walter at the time—I believe he was next to him—there might be ten or twelve people in Court—he identified him the moment he entered the door.
Cross-examined. Q. The prisoner was suspected at the time? A. Yes—1 first made inquiry at Hyam's about the matter, on the 27th or 28th.
COURT. Q. Has any inquiry been made at the address on the back of the
note? A. Yes—17, George-street, Camberwell—no such person lives there—I inquired at half the houses in the street, and could learn nothing of the name.
MR. PARRY. Q. At the moment Samuel identified the prisoner, was he in the act of speaking to you? A. No—the prisoner had to attend the Court that day on business respecting his master's affairs—I knew he was to be there, and told Samuel he would be there—Samuel requested me not to go into Court with him, as it would not be fair—I got forward in the Court—he followed me in a few minutes after, and immediately pointed the prisoner out—my eye was not towards the prisoner, nor did I in any way lead him to suppose who was the man—the prisoner and walter were at the office on an entirely different case—I searched the prisoner, and found 2s. 2 1/2d. on him.
MR. PARRY to ISAAC SAMUEL. Q. Did you follow them out of your shop? A. No—I saw them go out—I did not, in fact, see them leave the door.
MR. PARRY called
HENRY THEODORE JAMES. I am clerk to Mr. Parrell a solicitor, of New North-street, Red Lion-square; I have been so about three years—I remember the cause of Brown v. Applegate—these are two summonses served in that cause—(looking at them)—I was for the plaintiff, and Mr. Walter for the defendant—on the 22nd of Dec. I attended, and the prisoner attended on the other side—I only knew him by attending to the first summons—I attended those summonses myself at a quarter after eleven—he was there then, and we went before the judge about twenty minutes after twelve—he was there before me, and appeared to have been waiting at a quarter past eleven—he was waiting there all the time from a quarter after eleven till twenty minutes past twelve—we were before the Judge about two or three minutes—this is the summons—it is dated 21st Dec.—we were to attend next day—I did not see the prisoner write this "C. Walter" on the summons—here is an endorsement on the 23rd—he wrote that in my presence at Mr. Walter's office, when I paid him the costs—I have not the slightest doubt the prisoner is the person who attended the summons.
Cross-examined by MR. PARNELL. Q. How long have you been clerk to Mr. parrell? A About three years—I am not copying clerk—I manage the business—I am common law clerk—before that I was clerk to Mr. Wells, for about the same time—I left him because he retired from business—Mr. Parrell occasionally attends to business himself—he is laid up now, and cannot—he is paralysed, and has been so about six weeks—before that he attended to business sometimes, and sometimes I did—I think there were twenty-five summonses that day at the judges' chambers—we were the last—I got there at a quarter past eleven—the other side took out the summons—it was a peremptory summons, and I was rather in jeopardy, being behind time—I was doing nothing in the interval between a quarter past eleven and twenty minutes past twelve—I was not talking to the prisoner all the time—I had no other summonses to attend that day—sometimes the Judge gets through the summonses very quickly—I did not know the prisoner before, except on the previous summons—I cannot say what time I got to Red Lion-square—I do not know what other business I had—I think I got back within an hour of leaving the chambers—I left the chambers about twenty minutes after twelve, and got home about twenty minutes after one—I think I can be sure of that—there were eighteen or twenty people waiting at the Judges' chambers on the twenty-five summonses—they do not all always wait, they make appointments to come back again—I do not think the Judge left directly after disposing of our summons—I did not go before the Magistrate
on this matter—I saw in the newspaper that the prisoner was before the Magistrate—he did not call me as a witness there—I have never been a witness ness before, nor in the Court.
MR. PARRY. Q. You have no doubt the prisoner was there all the time? A. He was—if he had left I should have left too—I was watching him—he brought me there by the proceedings, and he got the costs.
MR. PARRY. to MR. POCOCK. Q. Was there a remand at the Police-court? A. Yes—a second remand was required; that was not asked for on the part of the prisoner, but by myself MR. PARNELL. Q. Did u ask the prisoner for his address? A. Yes, at the station-house—he refused to give it—I could not find out from Mr. Walter or Mr. Wood's—I have been there since.
COURT to H.T. JAMES Q. At the back of one the summonses is written "Mr. Parrell, 25," is it that your writing? A. No—it was on the summons when it was served—25 is the number of parrell's house, it has nothing to do with the number on the list.
MR. WOOD re-examined. Samuel was examined at the first examination, and more fully on the second—there was no examination on the day he identified the prisoner—it was not communicated to him on that day that Samuel had identified him, but Samuel was examined in his presence on 1st Jan., and again on 5th.
MR. PARRY. Q. Did not the prisoner say to you, "Do not you remember I was at the Judges' chambers that morning?" A. Yes—he did say no—I said I was not aware of it, as I was in bed.
NEW COURT.—Friday, January 8th, 1847.
Fifth Jury, Before Edward Bullock, Esq.
SUSANNAH HYAMS. I am a widow. I keep a general sale-shop at No.135, Whitecross-street—on Tuesday evening, the 29th of Dec., I was standing at my door between seven and eight o'clock—I saw the two prisoners walk backwards and forwards—I told them to go away—they would not, and at last they were very saucy—I thought they were gone, and I went in doors for about ten or fifteen minutes—I was then called by Bryant—I went to the door to look for the prisoners, but they were gone, and I missed between three and four dozen spoons, which had been lying on a table, amongst other goods, about a yard inside the shop—I am quite sure it was the prisoners I saw—I have seen them in the street, and knew their persons—I can speak positively to them—I went to my door about ten minutes afterwards, and saw the two prisoners together—Cockling called to the other, "Here, Mike here she is"—Cockling ran off, I ran after him as fast as I could, but could not catch him—in coming back I caught Waldron, and gave him into custody—that was about twenty minutes after I lost my spoons—he was taken to the station, and in coming back I met Cockling—I said, "I have caught you, what have you done with my spoons?"—he said, "What do you mean?"—I said, "You said, Mike, there she is, "—he said, "I don't know a boy of the name of Mike."
JOHN BRYANT. I live in Elizabeth-court, Whitecross-street.I remember the night these spoons were lost—between seven and eight o'clock I saw the two prisoners come up to Mrs. Hyam's shop Waldron reached his arm into
the door of the shop, and took the spoons and gave them to Cockling—they then ran away together—the third time they came I went and told Mrs. Hyams—I could not leave my father's stall before—I saw the prisoners come back and run down the street in about ten minutes after—they came by the shop and tried to do same again, and then I went and told Mrs. Hyams.
PETER DIXON ( police constable.)On that Tuesday evening when these things were lost, I saw the prisoners outside the shop, and I drove them away from Mrs. Hyam's window—at a quarter before eight o'clock Mrs. Hyams gave Waldron into custody—I told him what he was charged with—he said he knew nothing about them, he had not been with any other boy that evening—the next morning I received Cockling into custody—they denied all knowledge of each other—the spoons were never found.
Cockling. Q. When did you see me there? A. I drove you away about seven o'clock, from outside the shop.
Waldron's Defence. I am quite innocent; I knew nothing about it till this woman caught hold of my arm and gave me in charge.
Cockling Defence. I was walking down Banner-street, following a mob, and the woman took hold of me and took me to the station—they searched me and took what money I had from me; I did not know what I was taken for—this boy Bryant keeps a stall six or seven doors up, and he said his father's stall was right opposite the shop.
WILLIAM CONSTABLE ( police constable G 81.) I produce a certificate of Waldron's former conviction at Clerkenwell—(read—Convicted 10th Nov., 1846; and confined one months and whipped)—he is the person.
(Clockling received a good character.)
WALDRON— GUILTY. Aged 13.— Confined Twelve Months.
COCKLING— GUILTY. Aged 14.—Recommended to mercy by the prosecutor and Jury.— Confined Three Months
420. CHARLES SWEEDON was indicted for stealing 1 pair of shoes, value 5s., the goods of Henry Thomas Webb, in a vessel in a port of entry and discharges; and that he had been before convicted of felony.
HENRY THOMAS WEBB. I came home as steward on board the Marias, from Calcutta—she arrived in the West India Dock on Wednesday week—the prisoner came on board to see for a job to take the chests up—he was told be was not required—he came again on the morning of the 31st of Dec.—he came on board, and was employed by one of the midshipmen to take chests up—while he was so employed some old shirts and trowsers were given to him—these shoes are mine, they were not given to the prisoner—they are not old ones—they are nearly new—I missed them the next morning, and hearing that the prisoner had been stopped at the gate, I went down and found them—they had been in my berth.
Prisoner. Mr. Drew gave me lot of old things, and I asked him if these old shoes were of any use; he said, "No," and he gave them to me.
Witness. Mr. Drew is one of the midshipmen—he is a most respectable man, and is a nephew of the owner of the ship—he would not have given them away—they could not have been taken in a mistake for Mr. drew's shoes—I was in my berth at the time—my berth and Mr. Drew's are the same—I saw the old shirts and trowsers given to the prisoner—my things were under my own sleeping-place, about two or three yards from Mr. Drew's—there are four midshipmen—there were no shoes given to the prisoner, and certainly not my shoes.
JURY. Q. Did you remain in the berth all the times? A. I left it about ten minutes, or it might be a quarter of an hour, before the prisoner left
HENRY SHIPP. I am principal gate-keeper at the West India Dock-gate—I stopped the prisoner about four o'clock that afternoon, going out with a bundle of clothes—I asked him how he came by them—he said they were given him by the midshipman of the Marian—I examined the bundle, and found these shoes, two handkerchiefs, two brushed, and a shirt—Mr. Drew, the midshipman, was with the prisoner—he looked at the things, and said to the prisoner, "What a thief you must be, to steal a shirt; this shirt belongs to Mr. Nursey, and you know he was asking for it to put on this morning; and after giving you all the things I have, what a thief you must be to steal the shirt"—after that, Mr. Drew said, "I will have nothing more to do with it," and he went away—Mr. Drew saw the shoes—he did not say anything about them—the prisoner did not say, "Mr. Drew, you know you gave me the shoes."
Prisoner. Mr. Drew came up to the gate, and Mr. Shipp said, "Where did you get these shoes?" Mr. Drew said, "I gave them to him;" Mr. Shipp said to him, "Can you swear to them?" Mr. Drew said, "Yes, I gave them to him." Witness, No, he did not—he went away immediately almost, after speaking about the shirt.
Prisoner. Mr. Drew said, "Let him go on with the things; he has taken nothing." Witness. He did at first; but after I found these things, it was another tale altogether—I should have had Mr. Nursey here for some other things, but unfortunately he is gone to Norwich, and will not return for some months—the prisoner is only charged with the shoes.
Prisoner's Defence. I am innocent; I went on board, Mr. Drew gave me the job to take his things out, and gave me a lot of old clothes; I said, "Are these shoes of any use?" he said, "No, take them away;" when I got to the gate, Mr. Shipp said, "What are these shoes?" Mr. Drew said, "I gave them to him; let him go out."
JAMES HARRIS (police-sergeant K 21.) I produce a certificate of the prisoner's former conviction, at Clerkenwell—(read—Convicted the 1st of April, 1846, and confined six months)—the prisoner is the person.
GUILTY. Aged 23.— Confined Twelve Months.
421. MICHAEL RUSH, WILLIAM BRYAN, HENRY ROGERS, and GEORGE HARRIS , were indicted for stealing I worsted handkerchief, value Is.; the goods of Leonard Salter Clark; and that Bryan, Rogers, and Harris, had been before convicted of felony.
LEONARD SALTER CLARK. I am a lindraper—I keep a shop at No.9, Leman-street, Whitechapel. On the 30th of Dec., about ten minutes before five o'clock, I was in my shop watching the door—I saw Rush come up the step of the door and pull at a handkerchief, which was at the door-way, two and three feet inside—I had seen all the four prisoners together, about three minutes previously, at the corner of the next house—Rush mad a second pull at the handkerchief, and got it down—he ran away with it—I ran and caught him with it in his hand, three or four yards off—this is it—it is my property—I took him back to the shop, and soon afterwards the other three prisoners were brought in—the corner of this handkerchief is torn by being pulled down.
Rush. I did not pull it at all.
RICHARD HENRY TRPLIN I am a gun-maker, and live in Leman-street, Whitechapel. About a quarter before five o'clock, on the 30th of Dec., I was passing Mr. Clark's shop—I saw all the prisoner together, one door off Mr. Clark's shop—I saw Rush and Bryan go up to Mr. Clark's window, and the other two prisoners went to the door—Rush stood on the step to pull
Something, but I could not tell whet it was—they all ran away—I took Harris back to the shop—in about five minutes afterwards I went down Leman-street and took the other two.
RICHARD MARONEY (police-constable H 167.) I received the prisoners in charge—Rush said he did not take it, he only pulled at it—the other prisoners said at the office, "We did not take it; they can't hurt us; it was Rush pulled at it."
Rush's Defence. I did not pull it down at all; I was standing at the door.
Bryan's Defence. We were at the baker's shop window.
EDWARD ORAM (police-sergeant, H. 18.) I produce the certificates of the conviction of both Bryan and Roger—(read—Convicted 18th Nov., 1845, and confined six months)—I was present—they are the persons.
RUSH— GUILTY. Aged. 12.— Confined Three Months.
BRYAN— GUILTY. Aged 12.
ROGERS— GUILTY. Aged 12.
HARRIS— GUILTY. Aged 15.
Confined Six Months.
WILLIAM MILLERMAN (police-constable B 95.) About five or ten minutes past two o'clock in the afternoon of the 5th of January, I saw the prisoner in Tothill-street, Westminster—I searched her, and found this pair of Wellington boots concealed under her shawl, marked "Chatome, Regent-street"—she said she bought them at Dover.
Prisoner. I bought them at Dover, and gave 10s. 6d. for them; he has a spite against me, that is the reason he stopped me in the street.
JOSEPH GALLIER. I am in the employ of Mr. Pierre Chatome, a bootmaker in Regent-street and at Paris. I know these boots very well—they are his property—I am quite sure I had them inside the shop on the 5th of Jan.—I am positive about these identical boots—I left them quite safe when I went to take my dinner, a quarter before one o'clock, and when I came back, about a quarter before two, they were gone—I made the boots, and know them well.
GUILTY.* Aged 62.— Confined Six Months.
Before Mr. Common Sergeant.
GUILTY. Aged 18.— Confined Six Months.
Prisoner's Defence. When I went there I had two sheets of my own; I tore one up to make towels; I went to the box one evening, by candle light, and took one sheet out; I did not know which was her's or which was mine; I pawned one—after some time she asked me to come down and do my washing with her; I took down a sheet, which I thought was her's, to wash, and I never received it back again; I suppose I took her's to pawn.
GUILTY. Aged 27.— Confined One Month.
Before Mr. Recorder.
GUILTY. Aged 19.— Confined Three Months.
Before Mr. Common Sergeant.
426. CHARLES SLADE was indicted for stealing 1 fork, value 12s, the goods of Edmund Augustus Rowe; and 1 fork, 12s, the goods of Alaxander Young, in a vessel in a certain navigable river called the Thames. 2nd COUNT, for stealing 2 forks, value 1l. 4s.; the goods of John Hocking.
JOHN HOCKING. I am steward on board one of her Majesty's steam-vessels lying in the dock-yard at Woolwich. The prisoner was a marine on board—he was remaining with me to clean the plate—on the 31st of Dec. I missed two forks—one of them belonged to Mr. Edmund Augustus Rowe, the other to Mr. Alexander Young—these are the forks.
THOMAS PACEY BIRT. I am a pawnbroker. I produce these forks—the prisoner offered them in pawn on the 31st Dec.—he told me they were his own, and that he gave 15s. 6d. for them—I sent for a policeman—the prisoner was a little the worse for liquor.
Prisoner's Defence. I was in liquor, or I should not have done so.
GUILTY. Aged 32.— Confined Six Months.
SAMUEL SMITH. I am a labourer in the Royal Arsenal. I was standing at my gate in Waterman-fields, Woolwich, on the 19th Dec., talking to my friend Walton before we went in doors—the prisoner was opposite—he came over to us, and said, "Who are you?"—we told him to go on about his business, we did not wish to interfere with him—the words were not out of my mouth before he put his hands round me and threw me down on the ground—he fell on me, and I felt him biting my nose—I called out, "Charley, Charley, he is biting my nose off"—my friend got me up, and a piece was bitten off my nose—I have been in the hospital ever since.
Cross-examined by MR. HORRY. Q. He came from a public-house? A. No—there is not public-house opposite—there is one a few doors off—he came Over in great fury—I cannot say whether he had been drinking.
CHARLES HENRY WALTON. I was with Smith—he was standing at his door quietly—the prisoner came up and asked what we were doing there—Smith said it was nothing to him, we were standing on our own premises—I told the prisoner to go on—he seized Smith and threw him down—he sung out to me, "Charley, Charley, he is biting my nose off."
Cross-examined. Q. Did you observe what state he was in? A. I cannot say—he was quite conscious of what he was doing.
(The prisoner received a good character.)
GUILTY. Aged 23.— Confined Nine Months.
Boforee Mr. Recorder.
GUILTY. Aged 38.— Transported for Seven Years.
429. SOPHIA BRADFIELD was indicted for breaking and entering the dwelling-house of John Marmon, at St. Mary's Newington, and stealing therein, 1 watch, value 2l.; 1 watch-quard, 2s.2 seals, 2s.1 watch-key, 6d. 3 half-crowns, 3 shillings, and 1 sixpence; the property of Edward Marmon.
EDWARD MARMON. I am a painter and glazier, and live at No. 22, King-street, Old Kent-road; my brother, John Marmon, keeps the house; it is in the parish of St. Mary, Newington. On the 20th of Nov., about half-past eleven o'clock at night, on going to bed, I missed my watch, which I had left on the bed-post in the morning—I am certain I fastened the room-door when I quitted it—my sister attends to the room to make the bed—the prisoner lodged in the same house—when I entered my room, to got to bed, I found the door open—it fastens with a spring lock—I lost 18s. 6d. in silver from the drawer—there were five half-crowns—I had seen it when I went to bed on the 19th—I messed it before I missed the watch; the money and the watch were gone at the same time—the prisoner went away, I did not see her again till she was at the Police-station on the 16th of Dec.
Prisoner. The door was half open the whole of the day; there was a chair against it, to keep the door open. Witness. I did not see it in that way. I left it shut.
ELIZABETH MARMON. My husband keeps the house No. 22, King-street. The prisoner came to lodge with us on the 19th of Sept. last, and left on the 20th of Nov., the same day as the watch was missed, but before the loss was discovered—I passed her on the stairs between eight and nine that morning—I had occasion to go up to the room, and found the door open—I came out of the room, and fastened the door on the spring latch, and about twelve o'clock I found it open again—there must be great pressure used to get the door open, unless a key is applied to it—when I first went into the room I missed the watch from the bed-post, but took no notice, as he sometimes took it with him—I did not see the prisoner again till the 16th of Dec.
Prisoner. The door was open all the day long. Witness. It was not, unless it was opened by me—I attended to the room, to clean it—I had a key—I was not in the habit of opening it by force—the room that was pointed out to the officer was the prisoner's.
GEORGE QUINNEAR (police-constable P 201.) I heard of this on the 21st Nov.—the prisoner's room was pointed out to me by Mr. Marmon—I ere found an iron compass, which I found would open the prosecutor's om-door—by applying it to the keyhole it turned the spring-latech in the me way as a latch-key would—I tried it in the presence of John Marnon—I found the prisoner, on the 15th of Dec., at a house in New-street, brough-road—I asked her if her name was Mrs. Bradfield—she said, "No, my name is not Bradfield; my name is Brown"—she went to go out of the Tom—I stopped her, and said I wanted her for stealing a watch and 18s. Tom a beer-shop in King-street—she said, "I did not so it on my own account; I have been under great restrictions or control of my sons, and no one knows what I have suffered"—I told her I should make a search for some duplicates, and she handed me one relating to the watch in question.
Prisoner, The policeman asked me how I came to so it, whether it was Tom distress; he said the appearance of the room bespoke it. Witness. I did not put that question, but the appearance of the room did show great Mistress.
JURY Q. Is she lame? Q. Yes—since she absconded she has injured her ankle.
JOSEPH ISAAC CUNNINGHAM. I live with Matthew and William Filmer, Pawnbrokers. I produce a watch pawned by the prisoner—she asked 2l. on—I found it was not worth more than 15s., and lent her 12l. 2s.—she took out blanket and several other things at the time with part of the money.
ELIZABETH MARMON re-examined. The prisoner got her living by painting children's books and valentines, and also by shoe-binding—she was in a very door way—she had two sons living with her—I think they were pretty well off for food—I never saw them with any—I seldom went into their apartment—they were very scantily clothed—they were very much behindhand in their rent—one son is eighteen, and the other fourteen or fifteen years of age—they were furnished apartments.
(The prisoner put in a written defence, pleading distress)
GUILTY of stealing only. Aged 49.—Strongly recommended to mercy by the Jury. — Confined One Month
Before Mr. Justice Erle.
MR. DOANE conducted the Prosecution.
AMELIA LYONS , I am the prisoner's mother—I remember her being confined on 24th Jan. last year—she had twins, a male and female—on 31st Jun. I was in the room—her husband was there—she was in bed, and the children with her—she suckled them then, but did not so so many hours after—this was on Saturday—I had observed what I considered insanity on the Thursday before—she wished me to see to her children, and thought she was dying, and was talking very much on religious subjects, and seemed very restive indeed—I found she did not know what she was talking about—she talked so strangely we did not know what to make of her—on this Saturday, while she was in bed, I asked her husband to take particular care of her, as she was very violent—to the child and with me—there was no reason whatever for that violence—I told her husband to take care of her, and watch her while I went to the fire-place—he turned round, and said to me, "Mother, she has
thrown here down on the child," and when he went to remove her, I saw her make a catch at the child, and bite it on the cheek—her husband took the child away from her—I observed that the child's cheek was bit—I believe there were two marks on the cheek—her husband had to pull her head back to get the child from her—I took the child to Mr. Mason, the doctor, and went back to my daughter—she then appeared in a more raving state—her husband had tied her down with the sheet, on account of the violence she displayed—she talked about religion, and told us to take care of her children—first she said she would have them, and then she said she would not have them—I considered she was raving mad—she was in a raving state—I was at the baptism of the child—its name was James King—it lived three weeks and two days.
MICHAEL LAWRENCE MASON. I am a surgeon, and live in High-street, Newington. On 31st Jan., about ten o'clock in the evening, last witness brought a male child to my house—the face all round the mouth and left cheek was covered with blood—on removing the blood, I discovered several punctured wounds, a slit of the left angle of the mouth, one puncture through the upper lip, another near the line of the nostril, and another near the eye—there was a complete circle round the left cheek, which was very tumefied—there were marks of teeth; inflammation and suppuration followed—I attended the child about three weeks, and then it died—I went out of humanity to see the prisoner—I found her raving mad with puerperal mania—I saw her the same night after seeing the child—she was not capable of holding conversation—in my judgement, she was decidedly insane, and perfectly unconscious of what she was saying or doing.
NOT GUILTY, being insane.
Before Mr. Justice Erle.
431. ANN ALEXANDER was indicated for feloniously assaulting William Charnock, putting him in fear and danger of his life, and stealing from his person and against his will, I watch value 3l; 2 seals, 2s., and 1 key, 3d., his goods.
MR. PARRY conducted the prosecution.
WILLIAM CHARNOCK. I am a plumber and glazier, and live in Albion-street, Albion-terrace, Wandsworth-road. On 9th Dec., between ten and eleven o'clock, I was going home on the wandsworth-road, between Wands-worth and Clapham—the prisoner came to me and said, "Well, my dear, how do you do, will you go home with me?" or something of that sort—I said, "No, lt don't answer my convenience, "or words to that effect—she asked me to treat her—I was walking before—I was standing still then, and my right hand was in my right pocket, with a small quantity of money in it, and my watch in my fob—I felt my watch drawn out, and immediately charged her with stealing it—I seized her by the right hand with my left hand, and my hat was knocked over my eyes in an instant—to the best of my knowledge there was one female and two men there, besides the prisoner—I imagine it was one of the men knocked my hat over my head—I heard footsteps running as fast as men could run—I kept hold of the prisoner, and never left her till I gave her in charge of a policeman—this watch produced is mine—I am quite certain I felt my watch in my fob when my hand was in my pocket.
Cross-examined by MR. DOANK. Q. Was this near the Horns, at Kennington? A. No—near Newington Church—I was as sober as I am now—the last place I had been at was Fisher and Co.'s, painters and glaziers, in Blackman-street—I was not in conversation with any other woman that night—I
had been at the Swan, in the Dover-road long enough to take a glass of gin and water with a friend, and eat a toast rabbit—I swear there was no woman in my company before this—I did not say some woman had robbed me, and I could see no other female on the spot; and should give the prisoner into custody—I did not make use of a vulgar expression—I found fault with the policeman when he came up, that was owing to my ignorance of the matter—I thought the policeman ought to have been nearer the spot then he was, as I had hold of the prisoner so long at the risk of my life—I called out to the policeman—he did not come at once—the who took her in charge was off duty, and accidentally came up—that was not the reason I abused him—I did not know whether he was on duty or not—I did not impute to him that he was a friend of the woman, and was her fancy man—nothing of the kind—I did not say I had been drinking a great deal—I said I had been drinking when I gave the charge—I had my hand in my pocket before the prisoner came up to me—I had no control over her hands to prevent them going to that part of my person.
COURT Q. How near did you perceive her hand at your watch-pocket? A. We were as close together as I am to the rail of the box—there was nobody near enough to draw my watch out but the prisoner—she stood so close to me I could not she her band at my fob.
MR. DOANE Q. Were the parties behind you then? A. I do not know—I did not see them in front of me.
Q. Then, if there were other persons, they must have been behind you? A. Certainly—if you were taken hold of and stopped by a female. You would not be able to go away without having some conversation with her—I swear the prisoner hindered me from going on.
THOMAS LOCKYER (police-constable L 135.) On the 9th of Des., about ten o'clock, I was accidentally passing up the road leading from Newington to the Elephant and Castle—I did not see any other policeman about—I saw a crowd of seven or eight persons—I went across the road, and found the prosecutor holding the prisoner—he said, "Policeman, I give this women into custody for stealing my watch!"—I took her to the station—I did not see any men running away—the prosecutor said she had not got the watch, she had given it to a man who had run down a passage—I could see nearly all down, and saw nobody—I did not go down the passage.
Cross-examined. Q. Was not Charnock very abusive to you? A. Rather, because I would not go down the court after the man—he had been drinking a little, but know perfectly well what he was about—he was in very excited state.
MR. PARRY. Q. Did he appear excited about losing his watch? A. Yes.
GUILTY. Aged 26.— Transported for Ten Years.
Before Mr. Justice Maule.
MR. BALLANTINE conducted the Prosecution.
Brixton-hill—Fiddy, the deceased, was the driver—the prisoner was drive of another omnibus—they both started form the City at the same time, a quarter past four, on the 14th of Dec.—we reached Acre-lane, Brixton, about five o'clock—I had to let out a passenger, and then to go up the Effra-road, to the George Canning public-house, thence up Water-lane, into the Brixton-road—while we were at Acre-lane, the prisoner came up with his omnibus, and passed us there—after I let the passenger out, I gave the word, "All right!"—then we drove on, and went to pass the other buss, on the right-hand side—it was fifty yards before us, I should think, and going in the same direction, up the Effra-road—we were going at a good pace, quite fast—I did not notice at what pace the prisoner was going—we got close to his omnibus, which was then in the middle of the road—there was room for us to pass him on the off-side—our driver attempted to do so—the prisoner pulled right across us—he drove us on to the lamp-post—the omnibus was in a position to have gone by without touching the lamp-post, if he had not pulled right across us—I saw the deceased thrown off immediately on knocking against the lamp-post, and lying on the ground—he was under the horses—he scrambled out as well as he could—his head and back appeared to be hurt—he was put into another omnibus, and taken home.
Cross-examined by MR. CLARKSON. Q. How long have you been an omnibus-conductor? A A year and a half—I was sixteen years' old last Dec—we stopped to put the passenger down at the end of Acre-lane, by Brixton church—the lamp-post was twice as far as this room is long, from the church—our driver did not start off galloping from Acre-lane—it was the running against the lamp-post threw him off the box—the other omnibus touched us—I was hanging on behind, outside—it was five o'clock—it was not dark—I cannot say whether the off-side horse was galloping or trotting when we went to pass them—the near-side horse was galloping—Wolston and Morriss were examined before the coroner—a gentleman, named Charles James Brown was riding on our omnibus—our coachman could not have avoided all risk and danger by remaining behind without galloping—we could not have avoided going against the lamp-post
. COURT. Q. Suppose you had stood still, would that have avoided it? A. If we had kept behind, we should not have run against the lamp-post.
CHARLES JAMES BOWMAN. I am a clerk at Dowgate-wharf. On the 14th of Dec. I was on an omnibus going to Brixton—I was on the top of the omnibus, in front, with the deceased, who was the driver—when we got to the Effra-road I saw another of the omnibus before us—it stopped to let out a passenger at Acre-lane—the driver of the omnibus I was on attempted to get past the other omnibus—both omnibuses were going fast—the one that I was on struck the lamp-post—I should say that happened on account of the other one crossing—if the other one had not crossed there would have been room for us without going against the lamp-post—in driving down from town they had been going very fast—they appeared to be going against each other, racing.
Cross-examined. Q. Were the horses of the omnibus on which you were, at the time your omnibus struck the lamp-post, galloping? A. Yes—I Was sitting on the left-hand side of the driver, nearest to the prisoner's omnibus—both our horses were galloping—it was neither dark nor light, it was between the lights—I did not take notice whether the lamps were alight—I was not conscious of our omnibus striking anywhere else except against the lamp-post—I cannot undertaken to swear that the prisoner's omnibus touched our omnibus—I did not say when the accident happened, and the deceased was
thrown off the omnibus, that it was his own fault—I heard no one else on the omnibus say so.
MR. BALLANTINE. Q Was it his own in your opinion? A. No, it was not—in my judgment, if the omnibus had not been thrown across, the accident would not have happened at all.
COURT. Q. Then the accident happened by the deceased, your driver, pulling his horses to the right to get out of the way of the omnibus which was across? A. Yes, if he had not done that he would have come across the omnibus which was across—if it had not been for the omnibus across we should not have stuck against the lamp-post—our driver was obliged to pull up his horses to prevent his coming against the omnibus—he was obliged to turn to the right sharply, in order to prevent himself and the other omnibus knocking together—it was that which obliged him to go against the lamp-post—if he had not gone against the lamp-post he must have gone against the other omnibus.
THOMAS MARKHAM. I am a labourer, living at Engleton-street, North Brixton. On the 14th of Dec., about five o'clock, I was in Effa-road, Brixton, and saw two omnibuses coming up—I did not notice that either of them was first—I saw the two omnibuses when they were nearly opposite the lamp-post—I saw the driver of one of them on the ground—I did not see him fall—I did not see the cause of his going against the lamp-post.
HENRY SLANEY. I am a tea-broker, living at Thornton Heath. On the 14th of last month I was on the prisoner's omnibus, sitting beside him, on his left—I remember getting to the Effra-road—I had noticed another omnibus—the two omnibuses had been running together in opposition, first one took the lead, and then the other—when we got to the Effra-road, and to the lamppost, the prisoner's omnibus was in advance—we left the other omnibus about sixty or seventy yards behind, but it made up that distance in a very shore time—I saw him endeavour to pass us—on that prisoner slewed his omnibus across the road—he did it gradually, he did not it at once, not directly viciously—when we got opposite the lamp-post, he had alewed a constderable distance across the road—there was not room for another omnibus to pass—that was in consequence of the prisoner's driving across the road—I saw the man thrown off—the prisoner drove on—he did not stop to see what was the matter.
Cross-examined. Q. Your omnibus gradually drew on to the right side? A. On to the wrong—there was plenty of room for the other to pass on the left side, but the prisoner drew from his right side to the wrong—there was room for the other omnibus to pass us on the near side—there was plenty of room for three omnibuses in the road—there was not room between the prisoner's omnibus and the lamp-post—on the left-hand side there was room for another to pass—nothing but the lamp-post touched Ball's omnibus—we passed the deceased at Acer-lane as he was setting down a passenger, and before he set off again, we had got some sixty or seventy yards, and then he came galloping after us—then the prisoner drew his omnibus gradually up to the off-side—there was nothing coming in a contrary direction at that time—there was plenty of light for the deceased to see that there was room on the other side of the road—it was just getting dusk.
MR. BALLANTINE. Q When your omnibus came abreast of the lamppost, in what position was the omnibus of the deceased? A. It must have been very near on the path, if not quite—I generally travel by Ball's omnibus—when we were abreast of the lamp-post the other omnibus was very nearly abreast of us, but I could not see the horses' heads without looking back—it was then that the driver of our omnibus was slewing it across
the road—there was not room for the other them to get past on the other side—he must stopped to have done so, he must have backed his horses and turned right round—when Ford slewed his horses round, they and the horses of the deceased almost touched, and at that moment the collision took place.
COURT. Q Was there any carriage, between the omnibus you were on and the near side of the road? A No—no omnibus, cart, coach, or anything, neither going the same way or meeting us—there was no occasion for the prisoner to slew his horses across the road and not go straight on his proper side of the road—he did it to prevent the other one passing.
ROBERT CHARLES WALLATON. I reside in the Dulwich-road, Brixton, and am a hop-merchant. On Monday the 14th of dec., in the afternoon, I was in the omnibus driven by the prisoner—part of the way I was on the step, and part of the way inside—I was inside at the time the accident happened, and saw all of it—the deceased was attempting to pass—I am not aware of what the prisoner did to prevent him—I do not think he did anything.
Cross-examined. Q. On which side of the omnibus were you? A On the off-side, near the centre, looking through the middle window—at the precise moment the accident happened I was watching Ball's omnibus—it was galloping up after us—I am sure one of the horses was galloping—our driver did nothing that I was conscious of—he did not slew round in the least—I was watching the thing very closely—I stood on the steps part of the way down, and two or three times I thought the pole of Ball's omnibus would come completely on the back of ours—I was compelled to hold on one side—it passed us several times on the road, and the driver appeared to be in a very excited state—we left him at the church, which is only a short distance from where the accident took place—the driver of our omnibus kept in one line, I think, without the slightest deviation; but he was too near the off-side of the road—there was a part of the road recently laid with gravel—there was gravel on both sides fresh laid—the wheels of our omnibus on one side were free from gravel, and on the other side on the edge of it—the right wheel was keeping as close to it as he could without being on it—the right wheel was on the gravel—the gravel was not in the middle of the road—the road there is twenty-five feet wide, and it extended about six or seven feet on each side—our driver was touching on the off-side gravel—that was the wrong side—I could not see the driver—I could only tell by the motion of the omnibus, which I was watching very closely, in consequence of an expectation that there would be an accident arising from the driving of Ball's omnibus—I have frequently ridden by Ford's omnibus before—I always thought him a steady careful, well-conducted person.
MR. BALLANTINE. Q. Was there plenty of room for the deceased to pass? A. I should scarcely think there was, because we were too near to the offside, he might have gone to the near-side with perfect safety, as there was room—I have not the slightest idea why he did not—I think the deceased was driving as fast as he could—the horses are not capable of going at a furious pace—our omnibus was full—I cannot tell whether his was lighter—we had not occasion to set down many passengers, but when we did, the other omnibus galloped, or went at a very fast pace by us—somebody was let down, and I then got in.
MR. CLARKSON. Q You have no connexion or interest in these omnibuses in any way? A Not the slightest—I as frequently go by Ball's omnibus as by Ford's.
COURT Q You have no idea why he did not keep on his right side? A. I cannot help having an opinion.
Cross-examined. Q. Did you observe the accident happen? A. I observed the event certainly—I think the man who lost his life was to blame, because our omnibus was too much on the off, or wrong side, and the deceased made a very sudden rush, and attempted to pass at a period that no prudent man would have attempted it—I cannot say whether our omnibus drew across the road to prevent him—if it had done so to any great extent I should have felt or perceived it, but the omnibus was so very much on the off-side, that there was not an opportunity of doing so much—that was before the other omnibus came up to us—we were on the off-side because of the gravel.
MR. BALLANTINE. Q. The gravel was on both sides, was it not? A. It was principally in the centre of the road—I cannot say why the prisoner did not go to his own side—I think both parties were to blame—I decidedly blame the prisoner for being on the wrong side—I was inside, and therefore could not form so good a judgment as if I had been outside—if he had wanted to let the other pass he might have gone to the near-side, but I think he would not have had time to do so.
COURT. Q They kept passing constantly, did not they? A. Only under the circumstance of one omnibus stopping to put down a passenger—if one stopped to put down a passenger the other advanced, as a matter of course.
MR. BALLANTINE. Q Am I to understand you to say noticed no slewing round of the horses just at the time of the accident? A. There was a little rattling—the omnibus rocked for a few seconds—I ride in omnibuses frequently—I think the rocking was owing to an accelerated pace on the new gravel—I do not think it was the sort of rocking that a deviation in the course of the omnibus would have made—it was a little more jolting—that was just before the accident.
COURT. Q. What station in life are you? A. I am in the civil service of the Ordnance—I have not the least connection with omnibuses, except as an occasional passenger in various omnibuses—I take up the omnibus going my way.
LORD HUNTLEY. I am a surgeon, living in the Brixton-road, in the parish of Lambeth—I examined the deceased, and have heard the history of the accident—he appeared to have died from the results of that accident. (The prisoner received a good character.)
Before Edward Bullock, Esq.
MESSRS. CLARKSON and O'BRIEN conducted the Prosecution.
JOHN GROVES. I carry on business as a harness maker, in Blackfriars-road. I have employed the prisoner occasionally fro ten years to make out my accounts, and to collect money—in July or Aug. I gave him a list of persons who were in my debt, to the amount of about 60l.—among them was a debt of Mr. Sandeman, of Princes-sqaure, Ratcliff-highway—he brought a little bill from Mr. Sandeman to me, and said Mr. Sandeman would pay part of it, if not the whole at a certain time, if I would give him a written order—he wrote an order and I signed it; this is it—(read)—"Sir, —The bearer, Mr. Hughes, is authorized by me to receive the balance of my account, 9l. 14s. 1d. and will give you a receipt for the same; I am Sir, yours obediently, JOHN GROVES.#x22;—the prisoner came to me on the 2nd of Oct.—I asked him if he had received any money of Mr. Sandeman—he said
no, he had not received any—on the 2nd of Dec. I ascertained this money had been paid—I then summoned him before the Magistrate, and I attended—I then had a bill preferred here—I do not know the date on which I attended before the Magistrate—it was two or three days after I discovered the money was paid—the prisoner certainly never accounted to me for any part of Mr. Sandeman's debt.
Cross-examined by MR. DOANE. Q. You went before the Magistrate, and he let the prisoner go out on his own security? A. Yes, to appear on the next Wednesday—I attended on the Wednesday, and the prisoner was not there—I think I had preferred my bill on the day before—there were no depositions taken—it is a most painful thing to me to appear here, as I have known him ten years—I never knew anything against him—some of the accounts were rather doubtful, but not this one—I generally employed the prisoner half-yearly to make out my accounts from my books—if he bad brought this money I should have done what was just to him—there was no regular sum mentioned—he asked me if I would give him a list of debts; as he had nothing to do, he must run the risk the same as other people—I do not know whether some of these persons live at a distance—Brank lives at some railway-station—I do not know where.
JAMES SANDEMAN. I am in the habit of receiving goods of Mr. Groves—there was an account between us—the prisoner came to my house on the 31st of Aug.—he asked me for the balance of Mr. Groves' account—I paid him a check for 5l. on that day—this is the check—on the 16th of Sept. I gave him another check for 4l. 14s. 1d.—this is it—they were both payable at the London and Westminster Bank—the prisoner produced this written order to me, and I paid him these checks for Mr. Groves.
COURT to JOHN GROVES. Q. Who usually collected your money? A. My foreman—sometimes I collect it myself—the prisoner told me he had a little leisure time, and if I would give him a list of debts he would collect them for me—I wrote out the list and gave it to him—I had great confidence in him—he is a law-writer, or a law-stationer's clerk.
MR. GILL. I am a clerk in the London and Westminster Bank. These checks were presented there—I cannot say on what date—they were paid—I paid one myself.
435. MARGARET LYNCH was indicated for stealing 4 brass rods, value 6s.; 1 waistband, 2s.; 1 pair of stockings, 1s.; 1 pair of socks, 6d.; 1 nightcap, 1s.; 1 neck-tie, 6d.; and 1 comforter, 6d.; the goods of John lliff Vorley, her master.
CAROLINE VORLEY. I am the wife of John llif Vorley—we live at Peckham. The prisoner was in my service for five or six weeks till the 15th of Dec.—she was going to leave the place between eight and nine o'clock that evening—just before she was going, something occurred that made me tell her to wait till I could speak to her—she said she could not—I said, "You must; I want you to show me your things"—she ran down stairs—I followed her, and then she began to be very violent—I called a man down who was in the passage—she then opened her parcel in my presence, and I found in it night-caps, stockings, stair-rods, and other things—these are them—they are my property—she said she knew they were mine, only she did not think them of value—they would cost 10s. or 11s.
Prisoner. Q. Did you go up stairs with me? A. No—I went to look for a flannel apron in the morning—I did not tear these things out of your clothes—I never said I would have you in prison before night—I did not
beat the child for telling you what I had said—I did not ask you to wait to wash the stockings—I told you you might stop that if you liked—you went away of your own will—I was not intoxicated.
GEORAGE CONYERS ( police-constable P 201.) I know the writing of Mr. Elliott, the Magistrate—this is signature to this deposition—(read)—"The prisoner, being asked whether she wished to say anything, says, "I am guilty, and I am sorry for it."
(The prisoner put in a written defence, stating that the prosecutrix must have put the articles into her bundle.)
COURT to CAROLINE VORLEY. Q.. How long was it between the time you told her to wait and your searching the bundle? A.. Not five minutes, as near as I can judge.
GUILTY. Aged 17.—Recommended to mercy by the Jury.— Confined Three Months .
Before Mr. Common Sergeant.
GUILTY . Aged 17.— Confined Three Months
MR. CLARKE conducted the Prosecution.
JOSEPH SHIRLEY. I am a publican, and live in Gravel-lane, Southwark. On the 30th of Dec., about twenty minutes before twelve o'clock at night, I was in my own house—the prisoner came for 1 1/2d. worth of gin—he paid me with a shilling—I put it amongst the farthings, as I had great suspicion of it, just as he got to the door, but I could not leave to follow him—the farthings are kept in a round tin—there was no other shilling there—I looked at the shillings before the prisoner well got to the door, and bent it double—the prisoner came again in about ten minutes for 1d. worth of gin—he gave me another shilling—I gave him 11d. change—I looked at that shilling, and bent it double in the same way—I then sent for an officer, and gave him into custody.
Prisoner. I only went for one pennyworth of gin
GUILTY. Aged 20.— Confined Six Months.
WILLIAM DOUBLEDAY. I am master of the barque Mary, lying in the Commercial-dock, Rotherhite. I missed from a chest on board, a Aannel shirt, a map, and some gloves—these now produced are them—they are mine
GEORGE GILLMAN. I was at work on board the barque Mary. On the 24th of Dec. I saw the prisoner go from the fore part to the aft part, and as I was going on deck to get my pipe alight I saw him at the chest, and I afterwards saw him with the Aannel, which appeared to the shirts—they were placed under the stern sheets of the barque, and the mate found them there.
Cross-examined by MR. DOANE. Q. Do you swear you saw him take these things from where you mention? A. I do. (The prisoner received a good character.)
GUILTY. Aged 44.—Recommended to mercy by the Jury. — Confined One Month.
JOHN ELLIS. On the 15th of Sept. there was a disturbance with Pickard and Cole, about eleven o'clock, and throughout the day—at nine o'clock at night I went to bed—I and my wife had had a few words in the morning—I left the door open—about twelve o'clock, hearing people talking outside, I opened the window, and told my wife to come in—in the prisoners attempted to keep her out—I came down stairs to persuade her to come in, and Cole and Pearman said, "No, she shall not come in, you starve-gutted b----y villain"—Stephens came over and challenged me to fight—I told him I would have no words with him—while I said that, Pearman came over, broke the skull of my head with a life-preserver, and broke my arm—I have had no use of it since—Mrs. Pickard told him to go and give it to me several times—she mentioned that word to him, and he said, "Is it me you want, you b---- r?"
Cross-examined by MR. PAYNE. Q. You are a bum-boatman? A. Yes—I have four children—I live opposite Pickard, Cole, and Pearman—I believe Pickard and her husband have lived there upwards of nine years—I did not turn my wife out that night because she asked me for money to get bread for the children—we had a few words about family affairs, and I told her she had better go before I gave her a knockone of my children was ten years old at Christmas—the youngest is two years and a half old—it was about twelve o'clock in the day I told my wife that—the children had had their provision—there was provision in the house—I was at home in the day—this was on the night of the 15th of Sept.—I had no money to subpœna a doctor, but Mr. Clarke has got the Letter the doctor sent—I took Stephens up, had him committed to Newgate—he was tired last Sessions, and acquitted—the Jury did not disbelieve my story, but they found him not guilty of breaking my head—I was not intoxicated that night—I had a little drop of my own spirits in the boat, but I did not get intoxicated—Cole is Pickard's sister, and her husband is a lighterman—I indicated them the Sessions before last, at this Court not at the Surrey Sessions—there was no deposition taken before a Magistrate—the Magistrate Told me I was no leave it open to indict them all—all I will swear that—I took Stephens before the Magistrate on the 2nd of Nov.—he heard the case, and Bound him over with two sureties to keep the peace.
Q. On the 17th were you not summoned for abusive language and for exposing your person to these two women? A. No.—I went before the Magistrate—Mrs. Pickard took out a summons against me, for creating a disturbance make people break the peace—it was not for using disgusting language and exposing my person to her and her sister—I took up Pickard and Cole for using abusive language to me on the Monday following, and the Magistrate left it open for me to indict them at the Sessions—Mrs. Pickard and her sister did not give my wife an asylum in their house when I told her to get out to avoid a knock—Mrs. Ellis went in there, and saw Pearman cut the life-preserver up and put it in the copper-hole—I believe my wife did not get refuge at Mrs. Pickard's when I told her to go out to avoid a knock—I am almost sure she did not—I belive she went next door or next Door but one—I don't know that Mrs. Pickard has sheltered my wife on Many occasions from my brutality and violence—I did not go down after
I had been in bed and abuse Mrs. Pickard, who was standing at her own door, and pull up my shirt and expose my person—I did not say * * *—i will swear I did not pull up my shirt at the window up stairs and expose my person to her and her sister—I did not say * * *—it was not on my using that language that Pearman side, "You are no man, you ought to be ashained of yourself for using such filthy language"—I did not say, "can you make a man of me"—I did not then come over to Mrs. Pickard's door, lay hold of Perman, and call him a b—y young snot, and say I would dash his brains out upon the stones—I did not fall—I was not down—I did not take this case to the Surrey Sessions—I did not know where to take it—I did not know which Court to go to with it.
JOSEPH GUTHRIE. I came home about five or six o'clock on the 15th Sept.—about twelve or one o'clock I saw the assault—perman, by the advice of these two woman, struck Ellis on the head with a deadly weapon of some sort—I never heard such a blow in my life—he struck him on the head two or three blows—the woman where abusing him very much—they called Pearman out, as Stephens stood in a fighting positjon befor Ellis, and when Pearman got out, he ran over and struck Ellis the blows, and one of the women said to Pearman, "Go it, Harry"—I saw him strike very repeatedly, and Ellis felt against the door-post—I called out, "you murderous crew, you have done it at last—you have concocted this—this is the most coldblooded murder I ever saw"—I called "Police"—the policeman came and took hold of Ellis—I said, "Take the four person"—he said, "No, I have got charge enough here"—there was a pool of blood under Ellis as large as a tea-saucer, and his head was broken and his arm—I wished the policeman to take charge of the four person, and Mrs. Pickard said, "if anybody attempts to come into my house, policeman or not policeman, I will split his b—y head open"—I head the cramp so bad that I went in-door—the policeman took Ellis to the hospital, and I traced the blood about 300 yards the next morning—Ellis, through being disabled, is now in the poor-house—I have been a deputy corn-meter above thirty years.
Cross-examined. Q. Ellis walked home the next day, and went before the Magistrate? A. Yes—I believe they went before the Magistrate there or four thimes—I did not see the beginning of this—I had been in bed—I heard what took place five or six hours befor I came home to tea, the first thing when I got out of bed at night I heard Mrs. Pickard and her sister call Ellis a b—y old rogue and a b—y old b—r—I cannot say where Mrs. Eills was—I did not see her—I did not hear Ellis threaten to beat his wife—I heard him say, "Let my wife come home; I will not ill use her"—I don't know that he ever beat his wife in his life—I live about twenty yards from him—he lives at No. 8, and I live at No. 7, on the opposite side—I have had no quarrel with Mrs. Pickard.
Q. Did not you yourself say you would tear your b—y heart out rather than she should get the better of you? A. I never did—I never mentioned it, or anything like it—she is a woman I don't associate with: her company don't suit me—I know that she and Pearman have lived in Thames-street as man and wife—Mr. Ellis has a man outside to prove it.
Pearman. Q. Some two years ago had you not a sister that indicated Mrs. Pickard at this place for perjury? A. Yes—I did not advise her to take a false oath on the occasion—the Jury acquitted Mrs. Pickard on that occasion—I can't tell what the Jury said to my sister—I was not there—you have been living with Pickard as man and wife, in the name of Smith, at Mr. Burgin's, No. 70 1/2, Thames-street—the man is here that can prove that—I don't say that the first commencement of this took place at six o'clock—the
first I knew of it was then—I don't know that Ellis ill-used his children—I have known him I don't know how long—he has lived in our row, but I actually did not know his name—at the time I saw this assault take place I was looking out of window—when you struck the blows Ellis was knocked down in his own door, and fell against the door-post—I believe the money for this prosecution in not paid—I don't know who is to pay it.
Q. Is it not rather an ill felling that you have against these parties and myself, because I conducted the case against your sister? A. I don't know—I suppose you belong to the gang of duffers, going about to pawn watches, and such like—there are parties to prove it—you will have them presently if you want them—do you recollect meeting that lady at the Brown Bear?—I am not a corn-dealer—I receive a salary of about 150l. a year—I have no right to state how I lay out my money—I buy anything that suits me.
MARY ANN ELLIS. I am the wife of John Ellis. I heard Pickard and Cole abuse my husband very much—they told Pearman to go on to hit my husband—I saw him hit my husband on the head—I do not know what with
Pearman. Q. You were standing outside the door next to Pickard's and did I not go and fetch some porter and ask you to drink, as you felt very faint? Q. No, you did not—you did not say, if I did not come into Mrs. Pickard's, I had better go to the station for protection—you you did not say anything of the kind to me—after my husband was gone to the hospital Mrs. Pickard asked me in, and I refused—she asked me again, and I went in—you were chopping up something which had a knob at the end—you chopped it into three pieces, and put it into the copper-hole—I can swear that Mrs. Pickard and her sister have not brought me over victuals to my house, to keep my family from starving
Q. Has not Mrs. Pickard on several occasions, when your husband has been ill-using you, and when the blood was flowing from your head, taken you to her house, and protected you? A. No—she has not on several occasion given me food for the children—I have not had shelter at her house on several occasions—she has not come over and saved me from having that ash stick behind the door—my husband has not beaten me with the ash stick—he offered to do it—I do not say but I have asked my husband for a penny to get bread to give the children when they had no food, but I did not that day—I have not borrowed a penny or twopence of Cole and Pickard—it is quite false.
Cross-examined. Q. Then your husband did keep an ash stick behind the door? A. Not exactly keep it there—he took it up, and said, if I did not go out, he would strike me—he did not do so that night—I was not in bed with him—I was in Mrs. Pickard's kitchen after my husband went to the hospital—it was about five o'clock that evening that my husband told me to get out—I was out till twelve o'clock, and my husband was in bed—my husband has not often threatened me with the ash stick.
PEARMAN— GUILTY.— Confined One Year.
PICKARD and COLE— NOT GUILTY.
440. JOSEPH CHALLENGER and GEORGE CLARKE were indicted for stealing 1—hamper, value 9d.; 4 bottles, 1s.1 quart of gin, 2s; 1 1/2 pint of rum, 2s. 4d.; 1 1/2 pint of brandy, 3s.; and 1 pint of wine, 2s. 9d,; the goods of William Palmer, their master.
MR. DOANE conducted the Prosecution.
three bar-men—it was Challenger's duty to take the first turn—he rose at five o'clock in the morning, and the others at eight—on the morning of the 24th of Dec. the policeman knocked at my door, about a quarter before eight o'clock—I came down, and saw a hamper in the policeman's possession—it was opened in my presence—Challenger was there—he was asked who it belonged to—he said to him; that he had given it to Clarke to take to the Parcel-delivery office, to send into the country—(there is a parcel-delivery office immediately opposite my house)—I do not remember whether Challenger said what the hamper contained—the policeman opened it, and I found the property mentioned in this indictment in it—it was my property; on the spiritbottles were my labels, and the seals on the corks—there was a goose in the hamper, to which I lay no claim—the value of this property is 13s. 10d—Challenger said he had given the money to Clarke on the previous afternoon, and Clarke had paid him that morning for the things—he did not say how much—Challenger had not mentioned to me the day before that he wanted this rum, and brandy, and gin, and port—he had no right to take it without my authority, or without asking—I did not give him any authority to do so—it has sometimes happened that a young man has wanted to send a bottle to his friends, and I have left him have it—Challenger had no right to take this, or to give it to Clarke—both the prisoners were present when the hamper was opened—Clarke said he had received the money from Challenger the day before, and paid it over to him that morning.
Challenger. I placed 11s. 8d. on the shelf; I had paid for the spirits.
JURY. Q. Had you any way of ascertaining whether you found money in your till to correspond with an order that might be given? A. No, I had no means of doing that.
JAMES WOOD (police-constable M 140.) I was on duty at half-past six o'clock in the morning on the 24th of Dec., and saw Clarke come out of his master's house, the Bull public-house—he had this hamper with him—I followed him to his own house, in York-street, Old Kent-road—I knew where be lived, and he went to that place—I watched him—he returned to his master's, and I went directly to his house—I found the hamper there, and brought it with me to Mr. Palmer's—I went into the shop, and found Challenger and Clarke there—I asked challenger who the hamper belonged to—he said it belonged to him, and it was all right—I said I should call Mr. Palmer, to to see whether it was all right, and asked the way in which I could see him—Challenger said I could go outside to the private door, and ring the bell—I left Clarke and Challenger in the bar, and I went out and rang the bell—I got no answer—I went into the bar again, and wished to be shown the way through the house up to Mr. Palmer's bedroom—Challenger said I could not go through the bar—I said, "I must, and go I shall"—I worked my way up to the bedroom—I rapped at the door, and alarmed Mr. Palmer—I came down first—Mr. Palmer came down some minutes after—I then opened the hamper in the presence of the prisoners and Mr. Palmer—I found in it the wine, brandy, gin, and rum, and a goose—I found a letter on Challenger," which I sent to his father, to whom it was directed—the direction that was on the hamper is here—it is "Mr. Samuel Challenger, Prospect-buildings, Tiverton, near Bath, Somersetshire"—when I told Challenger I must see his master he said it was quite immaterial whether I saw his master or not, because it was all right—I said in what manner was it all right—he said, "I care nothing about it; the worst of it is I lose my situation through it."
Challenger. Q. Did I not tell you I had paid for the spirits? A. You did not tell me so, you told Mr. Palmer so.
Challenger. I did; I said, "There is the money on the shelf, it is imamterial
to me;" as to attempting to come into the bar, it is false; you never attempted to come into the bar, nor ask the way to Mr. Palmer. Witness. I asked the wey to Mr. Palmer's room.
Clarke. When I brought the hamper out, you and four or five more policemen were in the bar; you said I nearly knocked you down; Challenger gave me 3s. 6d., and told me to take it to his wife, and tell her to send it, as the office was not open. Witness. When you came out I was at the door of the public-house.
Challenger's Defence. My father has little to do, and at Christmas I have endeavoured to make him a present for these last seven or eight years past; I asked Clarke to come and pack up the parcel, and I gave him 11s. 8d. for him to pay for the bottles; the reason I did that was, in case any customer was there it would look suspicious for him to take them without; he took them, and I told him to go as soon as he could, and get back as soon as he could; the policeman was in the bar drinking; he followed Clarke, and came back and laid the hamper on the counter; he said, "Whose is this?" I said, "Mine;" he said, "I shall shew it to Mr. Palmer;" I said, "You can do as you like, there is the money on the shelf;" I should have had it entered the same morning, as soon as the barman came down to do it; as to my saying I was afraid I should get discharged, it is false; nothing of the kind occurred; I said I had paid for it; there was the money on the shelf.
Clarke's Defence. Challenger came to me on the Wednesday afternoon; he said, "I have a hamper to send to-morrow morning; if you will come early, I will give you 6d. to pack the hamper;" I went and packed the hamper as he gave me the spirits; it came to 11s. 8d—that was the money he gave me the day before; I packed them; he gave me 3s. 6d., and said, "Take it home, and get your wife to take it as soon as the parcel-delivery office opens, and tell her to pay, and bring a receipt back for the carriage down.
COURT to JAMES GOOD. Q. Did you find any money on the shelf? A. I did not see any—my attention was not called to it.
JURY to MR. PALMER. Q. Did you see some money on the shelf? A. Yes but I did not count it, but Challenger had plenty of opportunity of placing it there—he was in the bar a quarter of an hour before I was called down—when I took account of the monies there were several sums, but none of the precise amount of these things.
JOSEPH WEBB. I live in Devonshire-street, Kennington-lane—the prisoner lodged in my house on the 29th of Oct.—he afterwards left, and I missed the articles stated—I have examined these things which are produced—I am certain they are mine.
Prisoner. Can you prove these things are your property? Witness. I can—the two pillows are turned in with a bit of black worsted—the two blankets were marked with black silk—the mark is picked out, but I can swear to the edge—I can swear to the bolster.
Prisoner. I can swear they are my property.
Prisoner. Q. Have you not seen me release things before? A. Yes.
Prisoner's Defence. They are my own things; I could have got an empty room for 2s. a week, and I was paying him 5s. a week, because I wanted to get my things out; I am a stranger in this country.
JOHN FALLAS (police-constable M 122.) I produce a certificate of the prisoner's former conviction at this Court—(read—Convicted 15th of June, 1846, and confined three months)—the prisoner is the man, I am sure.
GUILTY. Aged 27.— Confined One Year.
GUILTY. Aged 17.— Confined Four Months.
ANN HALL. I am the wife of Thomas Hall—the prisoner name to lodge with us early in Dec.—he left on the following Wednesday—on the following Sunday I missed a gown and a shirt from a box—these now produced are them.
Prisoner. I took the shirt out of pawn. Witness. I can swear to the make of it—I made it myself.
Prisoner. I bought the two duplicates over at Westminster—I took the shirt out of pawn on the following Staturday.
ALFRED SPICE (police-sergeant V 41.) I produce a certificate of the prisoner's former conviction at this Court, by the name of William Lapham—(read—Convicted the 23rd of Feb., 1846, and confined six months)—the prisoner is the person—there were two other cases against him, but the parties would not attend.
GUILTY. Aged 18.— Transported for Seven Years.
MARIA BAKER. I am the wife of Henry Baker. On the 3rd of Jan. I was in the parlour, in the act of putting the tea-pot on the stove, and I saw the prisoner through the window taking the cigars from the glass-case in the shop—I am sure he is the person—I don't know whether I had seen him before—I think I have, but I will not be positive.
Q. Did you not tell the Magistrate "I knew the prisoner well by sight"? A. I could not be positive—I saw him take the cigars out of the case—I called "Stop thief." And he ran away—I did not run after him, as I was afraid to leave my shop—he got away and was taken in half an hour, but he got away again and was not taken till after eleven o'clock at night.
Prisoner. I knew myself innocent; I did not like to be locked up all
night; I have witness to prove that I was not the person; Mr. Squires knows the bar-man where I was; I was not near the house.
WILLIAM MARKNICK (City police-constable, No. 370.) produce a certificate of the prisoner's former conviction at this Court, by the name of John Williams—(read—Convicted the 30th of March, 1846, and confined nine months)—the prisoner is the person—I am quite sure.
GUILTY. Aged 20.— Transported for Seven Years.
ANN ELIZABETH CLAY. I live at Newington, and am the wife of john Misprey Clay—he was indicated for felony twelve months ago—he employed Mr. Games, the solicitor, to defend him—I was not satisfied with Mr. Games—my husband was convicted—I did not exactly send for the prisoner; he came into my place on the 27th of Nov.—I showed him the papers—he said Mr. Games had not dealt right by my husband, he would see into it—he went away, and I suppose he was gone four hours when he returned and said he had consulted three barristers, and they said he was to issue a wait against Mr. Games, and he asked me to give him 14s. 6d. for the writ—I thought it was all right, and I gave it him for the writ—I should not have given it him if he had not told me that he had consulted three barristers and they had advised a a writ—the prisoner came the next day, the 28th, and said he must have 13s. 4d. for a declaration against Mr. Games—I paid him that—the next day he came again, and took me to some inn in Chancery-lane to swear, and that I paid 5s. for—he came again and demanded 6s. 8d.—that was for something against Mr. Games, but I don't know what—he came again and wanted 1l. 5s.—I did not give him all that—I gave him a 10s.—I certainly should not have paid him these different sums unless I had believed he was proceeding against Mr. Games, on behalf of my husband who was convicted.
Cross-examined by MR. HORRY. Q. Is your name Clay or Johnson?—A. Clay—my husband's name is Clay—we never kept a shop in the Borough—I can't say whether we ever lived in the house of a person named Johnson—we went by the name of Johnson, but our real name is Clay—my husband went by the name of Johnson—his right name is Clay—he was convicted in the name of Clay—I was married at St. Saviour's Church, twenty-five years ago, in the name of Clay—how my husband came to take the name Johnson, is his business—I was going by the name of Johnson when I first saw the prisoner, but my name is Clay—the name is over the door now—it was my husband's business to have it up there—I cannot tell how my husband came to leave the name of Johnson up, not how the name came to be put over the door—I never dropped the name of Clay—my husband said, "We will go by the name of Johnson"—that is about two years ago—he did not give a reason why—I did not know the prisoner—I can swear I never saw him in my life till he came into my house to look at the papers—he came into the house and said he should like to see my papers—I knew where he came from—he came from where my poor husband came from, but I never saw him till that day—I was dissatisfied—I did not tell him I was dissatisfied—I did not employ him—I did not intend to do anything till I saw the prisoner—I never purposed to do anything with Mr. Games—the prisoner told me that Mr. Games got no defence for my husband whatever—I was not at the trial.
Q. You said something about some money, what was that? A. The first money he got from me, he pretended he would draw up a petition for my husband and get him out by Christmas-day but that has nothing to do with what I told his
Lordship—he drew the first money for a petition—I gave him a sovereign for that, and he had 14s. 6d. in four hours afterwards—the second money he had was 13s. 4d. to get a declaration—the 14s. 6d. was to get a writ—he told me the three barristers told him to issue a writ directly, and he came to me for the money—the next money was 6s. 8d., and 2s. he ordered me to give to another man that was brought for a witness—that was for something he give to do—the last he had was 20s.—he wanted 25s., and I gave him 10s.—he said that was for the petition which he said he had drawn up—the first money and the second was for something he was to do, not for anything he had done—he did not do anything.
COURT. Q. Before you paid him the 14s. 6d., and the 13s. 4d., he told you he had consulted three barristers? A. Yes, and after he told me that l gave him 14s. 6d. for the writ, and then 13s. 4d. for the declaration
EMMA CLAY I live with my mother, Ann Elizabeth Clay. I remember the prisoner coming on the 27th of Nov., about half-past eleven o'clock in the morning—he asked my mother if she had not got some papers concerning a petition that Mr. Norris had been doing—she said, "Yes"—he asked her to let him look at them—she told me to go to the drawer and get them, and I gave them to him—he said if she would give him 30s. he would get my father out by Christmas day, and he should dine with him—my mother gave him 1l—he went out and came back and said he had seen three barristers, and they advised him to get a writ against Mr. Games, and he must have 14s. 6d., and he gave my mother half an hour to get it in—I went and made up the money—he came again on Saturday and said he had served the writ, and he must have 13s. 4d. for the declaration—my mother said she had not got the money—he said he must have it, or it would all be lost—my mother asked me what she should do, and I went and pawned some more things to make up the money—the prisoner came again on the next Wednesday, the 3rd of Dec., and said he must take my mother some Where to awear—I got her up out of bed—she was very ill—he told my mother it would cost 5s.—my mother said she had not got it all—he lent her 1s. 6d. and then he went to a friend of my mother's—he had the 5s.—he said he had had a good deal of bother with Mr. Games' clerk, and when he got to the Court he had a summons clapped into his hand—he said that would cost 1l. 4s., and that he meta friend of his, Mr. Horry, and this gentleman got him into the Court, and he had beat Mr. Games' attorney all to pieces—he said seen Mr. Games, and he had said he would give my mother 8l., if she would take it—she said she should be glad to catch it.
RALPH PARKINSON GAMES. I was employed to defend the husband of Ann Elizabeth Clay. I have not been served with any writ or process on the part of Mrs. Clay—I have not had any legal claim made on me on her Part—I have not had any message from her—I know nothing about it
THOAS TURNER (Police-constable M 196.) I know Mr. Secker's hand-writing—this is it to this deposition—(read)—the prisoner says, "I will admit I have taken out no writ or process against Mr. Games, at either the Common Pleas, the Exchequer, or Queen's Bench."
CLARA COHEN. I am the wife of Lemon Cohen—he was transported—I do not know for what as I was lying-in at the time—it is six months ago—the prisoner called upon me about four months ago—he asked how my husband was—I said he was transported—he asked me whether I was not going
to do something for him—I said, "I do not know what to do"—he said, "Try—draw up a petition"—I said would consider of it—he came again—he said he had got a petition, and I gave him half-a-crown—he called the week after, and I gave him 3s.6d.—he said that was to buy paper for the petition—he took me to Cornhill one Saturday night, and left me out of doors while he went in—he came out with paper in his hand, and said, "You see I am doing the thing that is right; I have laid out that money for paper"—the second money he had was 3s. 6d.—the third was 3s. 6d.—he had 1l. 16s. in all—he said he was doing the thing that was right, and he was every time kissing my children, and they were saying, "For God's sake get my father home"—I know my husband was innocent—one night the prisoner came in all in a fluster and said, "I cannot get the brief; Mr. Ballantine's clerk will not give me the brief"—he said, "I have seen Mr. Ballantine and the clerks to-day up at Palace-court; I have had an interview with Mr. Ballantine; he will not give the brief without half-a-crown"—I said, "I have not got half-a-crown, and sent my little girl with him to bring the duplicate back—he got but 2s. on them—he came back and said, "I will put down a sixpence to it and get the brief"—he went away, and I saw no more of him for five weeks—if he had not told me that he had got a petition, and bought the paper, and was going to get my husband out, and that he had seen Mr. Ballantine's clerk, I should not have given him all this money—I thought he was doing the perfect thing that was right—I have walked the streets for my children three days in slippers—this has hurt me more than the conviction of my husband did.
LEWIS JONES. I am clerk to Mr. Huddleston, but I mind Mr. Ballantine's chambers. I never had an interview with the prisoner respecting Mrs. Cohen's business—I never saw him—he never applied to me about her husband or about any brief for him, nor to anybody on the part of Mr. Ballantine that I know of.
The prisoner has never been to me—I only saw him yesterday week.
JONE WORCESTKR. I am Mr. Ballantine's clerk, and have been so for five years. I have never seen the prisoner, or anybody on his behalf, on the subject of Cohen's case—he has never applied for any brief—he has never consulted me or Mr. Ballantine for anybody.
Cross-examined by MR. HARRY. Q Are you and last witness the only person at his chambers? A. Yes, there is no other young man there.
GUILTY.* Aged 35.— Transport for fourteen years.
SARAH HEARN. I am the wife of William Hearn, a shoemaker; we live at No. 3, Chatham-place, Lock's-fields, in the parish of st. Mary, Newiagton. At half -past five o'clock in the evening of chirstmas-day, I saw a light in the back bed-room next door, occupation by Mr. Roberts willin, to whose son my daughter is married—I went in and told charles willin that there was a light in his father's house—knowing they were out, he went into the street, and I went into the back-yard, and the person in the house came down and unbolted the back-door, and two men came into the yard—I said, "Is that you, willin? meaning my son-in-law's brother—I asked the second time, and one of them said, "yes"—I knew it was not his voice—I went in again, and met charles Willin coming out at the back door—I said it was not his brother, and he went to the front street-door and pushed it—the door was opened inside by the prisoner—he did not came out—he was seized by the collar and taken
into custody—I went in, and saw the table in the back-Parlour turned over, and the candle and candlestick lying in the back part of the room.
Cross-examined by MR. PAYNE. Q. You saw some Persons in the back-yard? A. Yes, two—I am quite sure the prisoner was inside the house, and he was seized inside the house—I am sure he was not coming by—he was in the house, and was seized inside.
CHARLES WILLIN. I live at No. 25, Belvidere-place, Southwark-bridge-road. On Christmas-day I was at my father-in-law's—at half-past five o'clock Sarah Hearn came and told me there was something wrong at my father's Robert Willin's—I went out, and was going to push his street-door open—just as I got to it—the prisoner opened it—he endeavoured to rush out—I he was sober—I observed the table in the room was overturned, and the candle and candlestick on the floor—there was a small piece of candle and matches found in the front room.
Cross-examined. Q. Are you sure the prisoner was inside the house? A. Quite sure—he never got out of my hands till I gave him in charge—I swear he was inside the house—his hat fell off in the scuffle—he told the constable that he was passing and I knocked his hat off, taking him for somebody else.
SARAH WILLIN. I am the wife of Robert Willin; we live at No. 4, Chatham-row. I left my home with my husband on Christmas-day—I bolted the back-door top and bottom—all the doors and windows were shut and locked by myself—we came back at two o'clock in the morning—the house was all in confusion—the pillows were moved—the table was turned over and at the further end of the room, and the candle and candlestick thrown down, and some matches had been brought there.
Cross-examined. Q. You fastened the door? Yes, I am quite confident of that—we left home at half-past twelve o'clock—we had a good way to go—there are two rooms at the back of my house—the window that looks into my yard is my kitchen-window—that is near the palings where my friend looked over—a person could not get in at that window—there is a shutter there, and that was bolted when I came home, the same as I left it—the one-pair baek window had not been opened—that had a good fastening, which the policeman can prove—no part of the house was broken at all—I did not lose anything.
COURT. Q. There is a keyhole? A. Yes, or I could not have got in—if a man had a false key he could open the door.
ROBERT MELVILLK (police-constable P 73,) I heard a cry of "Police!"—I ran to the house, and found the prisoner outside in the road, in the custody of Charles Willin—I held him there while they went into the house—I then went in, and found in the room two chairs thrown down, a table upset, and the candle and candlestick thrown down, and a candle and some matches were in the room.
(The prisoner received a good character.)
GUILTY. Aged 26.— Confined Six Months.
(The prisoner had been previously teied and acquitted of the felony, on which the same evidence was given.)
447. JOHN BRADY, MICHAEL DONOVEN , and JOHN MAHONEY , were indicted for sealing 1 firkin, value 6d.:and 701bs. Weight of butter, value 3l. the goods of Andrew Smith: and AARON PAINE , for feloniously receiving the same, well-knowing it to have been stolen.
George's-place, White-street, Borough. On the 23rd of Dec. I gave Andrew Smith, a town carman, instructions to get some firkins of butter for me, which were lying at Carpenter Smith's-wharf—they were marked "F," and numbered—I can tell the number of each firkin by reference—I cannot tell form memory—I have the invoice—I have not compared it with the numbers on the firkin—I expected to receive, in consequence of this invoice, forty-nine firkins of particular numbers—I have seen a firkin of butter marked with the letter "F, No.110"—I know that to be one of the firkins I was entitled to receive—I know it by the mark, and that number was included in the firkins I bought—I know it by the weight and the tare—in buying butter, we buy them of a particular mark—the marks vary, and we have them in regular numbers, the weight of each, and the tare, is in the invoice—almost every firkin is different in weight, two or three pounds different—the weight is always described on the side—this firkin exactly corresponds with a firkin I ought to have received, according to the invoice—I had paid for the butter—the invoice was furnished by the persons I bought the butter of—they are not here.
JOSEPH BECK. I am in the employ of Andrew Smith, a town carman, who lives in the Maze, in Tooley-street. I received orders from my master to remove forty-nine firkins of butter from the wharf of Carpenter Smith, at the bottom of Mill-lane, Tooley-street, Borough—I went there, and received forty-nine firkins, marked "F" on the head—I Stowed them in my wagon—they were inclosed by the ends and sides of the wagon, so as not to roll or tumble out—there was nothing over them—I had two horses to the wagon—I went on foot, driving the horses—there was a stoppage in Mill-lane in going up to Tooley-street—when I went on again I missed a firkin from the off-side of the wagon—I noticed a vacancy in the wagon when I had got about 100 yards—the firkin is here—I cannot swear to it—it is marked the same as all the others were which were in the wagon—I had a list on the on the order—it was marked by numbers—I left that at Carpenter Smith's-wharf—I had a wharf note given me, which I gave to Mr. Osborne—this is it—when they gave me they had got the marks and numbers according to this note—this note—this will correctly of the firkins I had—(read)—"Mr. William Osborne, Please to receive 49 firkins of butter, F 92/135 186/190 Smith wick, ex Queen Victoria, from Carpenter Smith's-wharf, Dec.23, 1846."
WILLIAM COLLINS. I am a mast and block-maker—I live at No.7, New Week-street—I have a shop in the arch No.6 of the Railway. I know the prisoner Donovan—I saw him in company with a young man, carrying what appeared to be a firkin of butter, about twenty minutes past four o'clock in the afternoon of the 23rd of Dec.—I was about going in to my tea—I was standing at my door, and they passed me—I could not recognize the party carrying the butter, but Donovan was before him—they went on to the arch No.12—I saw them go in there—they came out, and I lost sight of them—they had come in a direction from the Maze, leading to Bermondsey-street—gave information to the police.
JOSEPH BACK re-examined. Q. What time did your wagon stop? A. It might be about five minutes past four o'clock—the place which the witness has described many be about 200 yards from where the wagon stopped.
Donovan. The witness said I came from Foot's-folley.
THOMAS MARSHALL. I am a dealer in building materials, and live in East-street, Kennington-cross. On the 23rd of Dec. I was in Bermondsey-street—I know the prisoner Paine's shop—it is in Bermondsey-street, right opposite an alley—I saw Brady, Mahoney and two other persons—Mahoney was carrying what I supposed to be a firkin of butter—it was partly covered with an old bag—Brady, had nothing in his hand—he and the persons who carried the butter, and another one, went into Paine's shop—I could not discern who the third one was—I went to look for a constable—I met one, and we went to Paine's shop together—Paine was standing against the counter, talking to another man—Brady was in the shop—the officer said he came to look for a stolen firkin of butter—Paine pointed it out, and said, "There it is"—it was in a bag, but the head was open—I pointed out Brady, and the officer took him into custody.
Brady. I was in the shop, and this gentleman said "I gave him in charge for stealing some chains;" some one brought the butter in and left it there, and this gentleman said "I give him in charge, as a person concerned;" he said "I gave him seven days three weeks ago."
Cross-examined by MR. BALLANTINE. Q. Did you give him in charge for chains? A. No—I made a remark, "He is one of the boys who took some chains away"—I did not see him take them—they were not taken on my charge—there were there of them had seven days—whether he was one, I cannot tell.
COURT. Q. Did you see him with the person who was carrying the butter? A. He was with him—he might only have been walking in the street, but he went into the shop, and remained there—the others went away.
Mahoney. Q. Where did you first see me? A. When you came out of the court—I saw you cross the road, and go into Paine's shop—I never said that I and Mr. Collins were speaking at the door—I gave the policeman a description of you at the station.
Mahoney. He said I had a white fustian jacket on, and the jacket I have on now is the only jacket I have.
SAMUEL BOULTER (police-constable M 116.) On the 23rd of Dec., between four and five o'clock, in consequence of information from Colins Marshall, I went with Marshall to Paine's shop—Paine was speaking to a man inside the shop—I said I had come about a firkin of butter that had been stolen—Paine said two parties brought it in on their shoulder, put it down, and went away directly—this is the firkin—it was in a sort of bag, six or seven feet in the shop, in the front part of it—Marshall pointed out Brady to me—I took him—he denied it, and told me at the station that he went in to get change for sixpence—he had nothing at all about him.
Brady. He did not search my waistcoat-pocket—I had 1s. 6d. about me—I said I wanted to change 6d. worth of halfpence for a silver sixpence—after I sold him some bones, I said, "Will you give me a silver sixpence for 6d. worth of halfpence?
THOMAS WATKINS (police-sergeant M 18.) I took Donovan into custody in Bermondsey-street—I told him I charged him with stealing a tub of butter—he asked me when—I said that afternoon—he said he could bring a person to prove different to that—he was dressed as he is now, and had a straw hat on—he had been described to me by Menhinick.
JOHN SIMS (police-constable M 164.) I know the prisoners Donovan Mahoney, and Brady—I saw them together about four o'clock, or a few minutes after four, on the afternoon of the 23rd of Dec.—they were standing by Bull-court,
leading to Mill-lane—I desired them to move—they went in the direction of Mill-lane—I apprehended Mahoney on the Thursday, the day afterwards—he had a blue jacket on, and he had the same on on the Wednesday afternoon at four o'clock—I told him what I spoke to him for—he said he knew nothing about the better, but that when I spoke to him on the Wednesday, he left the neighbourhood, and went over the water to Rosemary-lane, hearing that his father was dead—none of the witnesses had described his dress to me—I had not seen them—I saw Menhinick at the police-office on the 24th—he described him to me as in a blue jacket, not in a white jacket.
Mahoney. Menhinick said I had a white jacket, and Sims said I had a white jacket on when he moved me away from Bull-court—he told the Magistrate that I had disguised my dress, that the day before I had a white jacket on, Witness. No, I told the Magistrate he disguised himself by buttoning his jacket up close to his chin, and his collar partly disguised him.
Mahoney. He told the Magistrate I had a white jacket on, and he ordered me away from the court; and the next day when he caught me by the wrist, he said, "Ah, you have got another jacket on!"
Donovan. Q. Did you not come by Bull-court with a sailor with a bundle in your hand, at three o'clock? A. Yes.
Donovan. You went from there to Morgan's-lane, to the George—you stopped there an hour, and you came out, and said to me, "Go on"—you made a kick at me, and with the force of it you fell back into the pawnbroker' shop—you were quite slupified; you had been drinking rum and water, and a small bit of sugar in it—you came back without the sailor or the bundle. Witness. I was not in the public-house the whole day.
( A verdict of Not Guilty was here taken for the prisoner Paine. )
Mahoney. I had one witness at the office who would have cleared me, but he was never before a magistrate before, and he was quite in a flurry, and the police kept shoving him about, and frightened him; the evidence given against me is quite false; I am innocent.
Mahoney. He said he came in at three o'clock, and we were there an hour before we went up stairs to play at bagatelle; we were there till five.
Brady. I know nothing at all about it; I had a shilling and six pennyworth of halfpence; I got one shilling for the bones; I wanted another penny, and he would not give it me.
FREDERICK CAMBLE. I am a paper-agent—I was in Paine's shop—I saw Brady come in—I saw a bag brought in containing something which appeared to be the butter—it was brought in by a stout lad—I could not undertake to say who it was.
Brady. This witness was there when I sold the bones. Witness. He did so—they were bones for which he received a shilling—I think I heard him say, "Give me sixpence for six pennyworth of halfpence?"—I never recollect seeing Brady before—I might have seen him.
AARON PAINE , examined by Brady. Q. Did I bring any bones in your house? A. Yes, 23 lbs., for which I paid him a shilling—the butter was brought in about two minutes previous to that—Brady wanted one penny more for the bones—I told him I could not give it him—he asked me for a sixpence for six pennyworth of coppers—I saw he had six penny worth of oppers in his hand.
BRADY— NOT GUILTY.
DONOVAN— GUILTY.** Aged 19.— Transported for Seven Years.
MAHONEY— GUILTY. Aged 18.— Confined Six Months.
CHARLES M'KENNELL , I reside in Sackville-street, and am a merchant; I have a place of business in Fenchurch-street. On The 18th of Dec. I was going down the Dover-road—when I got near the turnpike, from something the officer said to me, I missed my handkerchief—I had put it into my pocket half a minute before.
JAMES BURTON (police-constable M 272.) I know both the prisoners—I saw Mr. M'Kennell going down the Dover-road on the 18th of Dec., about half-past six or near seven o'clock—I saw the prisoners follow him about 100 yards—I was on the opposite side of the way—I saw Ryan go and lift the prosecutor's coat, but I did not see him get anything—they followed him about 100 yards further through the turnpide-gate, and I distinctly saw Ryan take the handkerchief out of his pocket—Linford was close to him—I have every reason to believe they saw me, and ran off together down a dark street by the side of the floor-cloth factory—I ran, but could not find them—I then ran after the prosecutor, who said he had lost his handkerchief—I knew the prisoners, and I went near the Mint, where I'know these characters resort, and about eight o'clock I saw them, and took them into custody—they denied any knowledge of the robbery—I cannot say what sort of a handkerchief it was, but I was about the middle of the road, and saw it distinctly—it was a dark handkerchief.
CHARLES M'KENNELL re-examined. Q. What handkerchief was yours? A. A brown ground, with a flower in it—it would look dark. Ryan. The officer stated it was in a dark place where I picked the pocket; I asked where he was; he said on the opposite side of the road, and if it was in a dark place he could not see that.
Ryan's Defence. I can prove I was at home from four o'clock at night.
Lingford's Defence. I was not with Ryan till eight o'clock at night.
MARGARET BATEMAN. I live at No.27, Ewer-street, Gravel-lane—I go out washing, or charing, or anything I can. Thomas Ryan is my nephew, he was not out at the time this gentleman expresses—he came in to his tea, at Ewer-street, at four o'clock that night, and he never went out till a quarter before eight o'clock—his feet were rather damp, and he pulled off his shoes—whatever other misdemeanour he may have done I cannot say—this was on a Friday, 18th Dec.—I did not hear of this matter till after nine o'clock the same evening, when a policeman came and told me he was in the station—I cannot say I know this turnpike in the Dover-road—I don't live near there—I and my nephew and my little girl sat down to tea—my daughter-in-law, Mary Ann Bateman, came in, but she is not here—she came in about half-past six—she was waiting for my son, who is her husband, to come—he did not come in till ten o'clock—my nephew did not put on his shoes till he was going out, at a quarter before eight o'clock—he had a pair of list shoes to put on while he dried the others—he had lived with me for the last two months—we had our tea that day soon after four o'clock—we had nothing but tea—we sat talking about one thing and another—he sat warming himself—my room is on the ground-floor—he generally comes in at twelve o'clock to dinner, and at four to tea—he went out, and said he should not be many minutes—he sleeps up stairs—my son came in that night at ten o'clock—I told him my nephew was taken into custody—I talked it over with his wife—I
went before the Magistrate—my daughter-in-law went with me for company—we were too late—my nephew is a labourer—he works at jobbing, at anything he can get—he tell me he goes about the Docks, and anywhere that he can go, but I do not know—he does not tell me with what he does—he did formerly work at coal work with my son—he does not pay me anything—I never charge him for washing and lodging, let him be in work or not—if I know he wants a meal's victual I give it him—I cannot exactly afford to keep him, I give him a share of what I have—he was at home on the 17th of Dec.—he came in about six o'clock, and did not go out any more—he was in bed before nine—I do not recollect if he was at home on the 16th.
COURT to JAMES BURTON. Q. You have heard what this witness says, can you be under any mistake about the prisoners? A. No, my lord—I have known them ever since the commencement of 1843—they were brought up on the Saturday, and remanded till Monday, no one then appeared to say anything—I did not see Bateman then—I saw her and several more of the prisoner's companies talking to him in the cell—Ryan did not say anything to me about this, he only said he knew nothing about it, and Linford said the same—I was in a gateway of a yard watching the prisoners for ten minutes—I have not the least doubt that they are the two persons.
Before Edward Bullock, Esq.
449. JOSEPH GREEN was indicted for stealing 1 jacket, value 10s. 1 waistcoat, 3s.; 2 pairs of trowsers, 18s.; 2 shirts, 5s.; 2 pairs of braces, 1s. 6d.; 2 razors, 1s. 6d.; 1 accordion, 3s,; 1 handkerchief, 1s. 6d.; and 2 half-crown; the property of James Brown, in a vessel, in a certain port of entry and discharge .
JAMES BROWN ( through an interpreter.) I am a Peruvian—I am living at the Sailors' Home—I was ship-keeper on board the Elizabeth, which is lying in the Commercial Docks—on the 23rd Nov. I went on share and left the prisoners on board, and no one else—I was away about ten minutes, and when I came back I saw the prisoner running away from the ship with a bundle under his arm—I went after him, but could not catch him, —when I got on board the ship I missed the bundle—it was my property—I missed a jacket, a waistcoat, two pairs of trowsers, two shirts, an accordion, two razors, and two half-crown—they had been in the cabin—I never saw the prisoners again till seventeen days afterwards, when I caught him in Blackwall—I am quite sure he is the same man—he had been working on board—this pair if braces is mine—they were on the trowsers which were in the bundle—this shirt is one of mine, which I lost at that time—when I saw the prisoner in Blackwall he ran away, a friend of mine caught him, and gave him into custody.
GEORGE WILSON. I am a police-constable in the service of the East and West India Docks. The prisoner was given into my custody by Burrows, the Person who caught him—I searched him, and found a duplicate of this shirt in the watch-pocket of his trowsers.
JAMES HARRIS (police-sergeant 21 K.) I searched the prisoner at the station, and found this pair of braces on him—I asked him were he got them from—he said he bought them at a shop—I asked where the shop was—he then said he bought them of a woman in the street.
Prisoner. I said I bought them of a woman about the streets; and when he went before the magistrate, he stated that I bought them at a shop, that he asked me where the shop was, and I did not know. Witness. He said at first that he bought them at a shop, and then that he bought them in the street.
Prisoner's Defence. The duplicate I had given me by a boy named Williams, who is gone to sea; the braces I bought of a woman in the street, a street hawker.
JURY to JAMES BROWN. Q. How do you know the shirt? A. I bought two of them near the London Docks—I did not mark them—when I saw the prisoner going away, I knew the handkerchief that the bundle was tied in that he had in his hand—he had been on board painting for three days.
GUILTY. Aged 18.— Confined Six Months.
ADJOURNED TO MONDAY, THE> 1ST OF FEBRUARY, 1847.